Aventus Health, LLC et al v. UnitedHealthcare, Inc. et al
| Aventus Health, LLC, ABL Medical Care, LLC, KD Medical Choice, LLC, RD Health Diagnostics, LLC and Sean M Bygrave |
| UnitedHealthcare, Inc., UnitedHealthcare Services, Inc., OptumHealth Care Solutions, Inc., Neighborhood Health Partnership and Neighborhood Health Partnership, Inc. |
| 6:2022cv02408 |
| December 27, 2022 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Embry J Kidd |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 54 MEMORANDUM in opposition re #32 Motion to Dismiss for Failure to State a Claim, filed by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Kivowitz, Michael) |
Filing 53
ENDORSED ORDER granting #52 Motion for Extension of Time to File Response / Reply. Plaintiffs shall respond to Defendants' Motion to Dismiss on or before May 25, 2023. Signed by Judge Paul G. Byron on 5/11/2023. (ACZ)
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| Filing 52 Third MOTION for an Unopposed Extension of Time to Oppose Defendants' Motion to Dismiss by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Kivowitz, Michael) Modified on 5/11/2023 to edit docket text (SRD). |
| Filing 51 Joint NOTICE OF SELECTION of Howard Tescher as mediator by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Modified on 4/28/2023 to edit docket text (SRD). |
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Filing 50
ENDORSED ORDER granting #49 Motion for Extension of Time to File Response / Reply. Plaintiffs shall file their Response on or before May 11, 2023. Signed by Judge Paul G. Byron on 4/21/2023. (ACZ)
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| Filing 49 MOTION for an Unopposed Extension of Time to Oppose re #32 Motion to Dismiss by Aventus Health, LLC. (Kivowitz, Michael) Modified on 4/20/2023 to edit docket text (SRD). |
| Filing 48 CASE REFERRED to Mediation. (SRD) |
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Filing 47
ORDER directing the parties to confer and advise the Court on the selection of a mediator within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 4/14/2023. (GNB)
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Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/5/2023 Joinder of Parties due by 6/5/2023 Discovery due by 5/1/2024 Dispositive motions due by 6/3/2024 Pretrial statement due by 9/16/2024 All other motions due by 9/23/2024 Plaintiff disclosure of expert report due by 3/4/2024 Defendant disclosure of expert report due by 4/1/2024 Final Pretrial Conference set for 10/16/2024 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Jury Trial set for 11/4/2024 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 5/13/2024. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/14/2023. (GNB)
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| Filing 45 CASE MANAGEMENT REPORT. (Kivowitz, Michael) |
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Filing 44
ENDORSED ORDER granting #43 Motion for Extension of Time to File Response / Reply. Plaintiff will respond to the Motion on or before April 27, 2023. The Court urges the parties to keep in mind that motions for extension of time sought on the deadline are highly disfavored. Signed by Judge Paul G. Byron on 3/28/2023. (ACZ)
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| Filing 43 MOTION for an Unopposed Extension of Time to Oppose as to #32 MOTION to Dismiss by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Kivowitz, Michael) Modified on 3/28/2023 to edit docket text (SRD). |
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Filing 42
ORDER granting #38 Motion to Appear Pro Hac Vice; granting #39 Motion to Appear Pro Hac Vice; granting #40 Motion to Appear Pro Hac Vice; granting #41 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 3/13/2023. (AS)
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| Filing 41 Unopposed MOTION for Christopher J. Borchert to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20600801 for $150 by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/13/2023 to edit docket text (SRD). |
| Filing 40 Unopposed MOTION for Jason D. Popp to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20600791 for $150 by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/13/2023 to edit docket text (SRD). |
| Filing 39 Unopposed MOTION for Jordan Elise Edwards to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20600785 for $150 by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/13/2023 to edit docket text (SRD). |
| Filing 38 Unopposed MOTION for William H. Jordan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20600737 for $150 by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 3/13/2023 to edit docket text (SRD). |
| Filing 37 NOTICE of supplemental authority re #32 MOTION to Dismiss for Failure to State a Claim by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Modified on 3/10/2023 to edit docket text (SRD). |
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Filing 36
ORDER for Jordan Edwards to comply with the administrative procedures regarding electronic filing within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 3/10/2023. (GNB)
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Filing 35
ENDORSED ORDER granting #34 Motion for Extension of Time. The parties may have until and through March 31, 2023, to file their case management report. Signed by Magistrate Judge Embry J. Kidd on 3/9/2023. (Kidd, Embry)
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| Filing 34 Joint MOTION for Miscellaneous Relief, specifically For Extension of Time to Hold Case Management Conference File Case Management Report by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Alter, Daniel) Modified on 3/8/2023 to edit docket text (SRD). |
| Filing 33 NOTICE TO COUNSEL William H. Jordan Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) |
| Filing 32 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. (Attachments: #1 Affidavit Declaration of Sarah E. King)(Alter, Daniel) Modified on 3/7/2023 to edit docket text (SRD). |
| Filing 30 NOTICE to counsel Jason D. Popp and Christopher J. Borchert Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) |
| Filing 29 NOTICE to counsel Christopher A. Riley and Jordan Edwards of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SRD) |
| Filing 28 Amended CERTIFICATE of interested persons and corporate disclosure statement re #18 Order by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Kivowitz, Michael) Modified on 1/30/2023 to edit docket text (SRD). |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #18 Order, #6 Order by Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc. identifying Corporate Parent UnitedHealth Group, Inc. for Neighborhood Health Partnership, Inc., OptumHealth Care Solutions, Inc., UnitedHealthcare Services, Inc., UnitedHealthcare, Inc.. (Riley, Christopher) |
| Filing 26 NOTICE of a related action per Local Rule 1.07(c) by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. Related case(s): No (Kivowitz, Michael) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Kivowitz, Michael) |
| Filing 24 NOTICE of Appearance by Michael Scott Kivowitz on behalf of RD Health Diagnostics, LLC (Kivowitz, Michael) |
| Filing 23 NOTICE of Appearance by Michael Scott Kivowitz on behalf of ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC (Kivowitz, Michael) |
| Filing 22 NOTICE to counsel Jordan Edwards Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SRD) |
| Filing 21 WAIVER of service returned executed on 1/11/23 by Aventus Health, LLC as to UnitedHealthcare, Inc., OptumHealth Care Solutions, LLC United HealthCare Services, Inc. and Neighborhood Health Partnership, Inc. (Attachments: #1 Main Document Executed Waiver of Service for OptumHealth Care Solutions, LLC, #2 Main Document Executed Waiver of Service for United HealthCare Services, Inc., #3 Main Document Executed Waiver of Service for Neighborhood Health Partnership, Inc.)(Francis, Mena) Modified on 1/26/2023 to edit docket text (SRD). |
| Filing 20 NOTICE of Lead Counsel Designation by Steven William Teppler on behalf of ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. Lead Counsel: Steven I. Adler. (Teppler, Steven) |
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Filing 19
ENDORSED ORDER re #18 Initial Order. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 1/13/2023. (GNB)
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Filing 18
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 1/13/2023. (GNB)
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| Filing 17 NOTICE to counsel Steven William Teppler, Steven I. Adler, and Mena R. Francis of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LDJ) |
| Filing 16 Case Reassigned to Judge Paul G. Byron. New case number: 6:22-cv-2408-PGB-EJK. Judge Roy B. Dalton, Jr. no longer assigned to the case. (RN) |
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Filing 15
ORDER of recusal. The Clerk is DIRECTED to randomly reassign this case to another District Judge. Signed by Judge Roy B. Dalton, Jr. on 1/10/2023. (ALL)
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Filing 14
ORDER granting #11 Motion to Appear Pro Hac Vice; granting #12 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/4/2023. (AS)
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| Filing 13 SUMMONS issued as to All Defendants. (LDJ) |
| Filing 12 MOTION for Mena R Francis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20358917 for $150 by All Plaintiffs. (Teppler, Steven) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 11 MOTION for Steven I Adler to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20358803 for $150 by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Teppler, Steven) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 10 PROPOSED summons to be issued by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Teppler, Steven) |
| Filing 9 PROPOSED summons to be issued by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Teppler, Steven) |
| Filing 8 PROPOSED summons to be issued by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Teppler, Steven) |
| Filing 7 PROPOSED summons to be issued by ABL Medical Care, LLC, Aventus Health, LLC, Sean M Bygrave, KD Medical Choice, LLC, RD Health Diagnostics, LLC. (Teppler, Steven) |
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Filing 6
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 1/2/2023. (RPB)
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| Filing 5 NOTICE to counsel Steven I Adler Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (LDJ) |
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Filing 4
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 12/29/2022. (JOR)
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| Filing 3 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-2408-RBD-EJK. (SJB) |
| Filing 2 COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs.(Teppler, Steven) |
| Filing 1 (INCORRECT PDF. REFILED AT DOC #2) COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20345146) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit Rule 3.03 Certification)(Teppler, Steven) Modified text on 12/29/2022 (LDJ). |
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