Wirth v. Quantum Health, Inc.
| Timothy Wirth |
| Quantum Health, Inc. |
| 6:2025cv01147 |
| June 26, 2025 |
| U.S. District Court for the Middle District of Florida |
| Leslie Hoffman Price |
| Julie S Sneed |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on December 4, 2025. A more recent docket listing may be available from PACER.
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Filing 56
ENDORSED ORDER granting #55 Defendant Quantum Health, Inc.'s Unopposed Motion to Permanently Seal Parts of ERISA Administrative Record Pursuant to Fed. R. Civ. P. 5.2(d). The ERISA administrative record filed under seal, see Doc. No. 41, shall permanently remain under seal, absent a future application to unseal that is granted, or upon further Order of the Court. Signed by Magistrate Judge Leslie Hoffman Price on 12/4/2025. (MKH)
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| Filing 55 MOTION to file DOCUMENT Defendant, Quantum Health, Inc.'s Unopposed Motion to Permanently Seal Parts of ERISA Administrative Record Pursuant to Fed. R. Civ. P. 5.2(d) under seal by Quantum Health, Inc. (Weiss, Gregory).Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 54 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (MLB) |
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Filing 53
ORDER dismissing case in light of Plaintiff's notice of voluntary dismissal without prejudice (Dkt. #52). See Fed. R. Civ. P. 41(a)(1)(A)(i). This case is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines and to close this case. Signed by Judge Julie S. Sneed on 9/2/2025. (AJL)
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| Filing 52 NOTICE of voluntary dismissal without Prejudice by Timothy Wirth (Peyser, Nell) Modified on 9/2/2025 to edit docket text (MSN). |
| Filing 51 CASE MANAGEMENT REPORT. (Shapiro, Paul) |
| Filing 50 MEMORANDUM in opposition re #46 Motion to Dismiss filed by Timothy Wirth. (Peyser, Nell) |
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Filing 49
ENDORSED ORDER granting #48 Plaintiff's unopposed motion to correct the record. The record is considered corrected with respect to the 2025 MRIoA review. Signed by Judge Julie S. Sneed on 8/1/2025. (AJL)
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| Filing 48 First MOTION to Correct Plaintiff's Motion for Leave to File a Reply by Timothy Wirth. (Peyser, Nell) |
| Filing 47 MEMORANDUM in support re #46 Motion to Dismiss filed by Quantum Health, Inc. (Shapiro, Paul) Modified text on 7/28/2025 (JKB). |
| Filing 46 MOTION to Dismiss Plaintiff's Complaint by Quantum Health, Inc. (Shapiro, Paul) Modified text on 7/28/2025 (JKB). |
| Filing 45 REPLY to Response to Motion re #13 Corrected MOTION for Preliminary Injunction filed by Timothy Wirth. (Peyser, Nell) |
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Filing 44
ENDORSED ORDER granting #42 Plaintiff's unopposed motion for leave to file a reply. On or before August 1, 2025, Plaintiff may file a three-page reply in support of #13 his corrected motion for preliminary injunction. The reply shall be limited to addressing the three issues raised in #42 the motion for leave. Signed by Judge Julie S. Sneed on 7/22/2025. (AJL)
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Filing 43
ENDORSED ORDER granting #38 Defendant's unopposed motion for extension of time. Defendant shall respond to #1 Plaintiff's complaint on or before July 25, 2025. Signed by Judge Julie S. Sneed on 7/21/2025. (AJL)
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| Filing 42 Unopposed MOTION for Leave to File Reply Brief in Support of Corrected Motion for Preliminary Injunction by Timothy Wirth. (Peyser, Nell) |
| Filing 41 Sealed Exhibits to the Declaration of Shelley Grant SEALED DOCUMENT re #40 Declaration, #37 Sealed Order on Motion to Seal by Quantum Health, Inc. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K)(Shapiro, Paul). (Attachment 3 replaced on 7/18/2025) (MGB). (Attachment 8 replaced on 7/18/2025) (MGB). Modified to correct PDF orientation on 7/18/2025 (MGB). |
| Filing 40 DECLARATION of Shelley Grant by Quantum Health, Inc. (Attachments: #1 Exhibit A)(Shapiro, Paul) Modified text on 7/18/2025 (MGB). |
| Filing 39 MEMORANDUM in opposition re #13 Motion for Preliminary Injunction filed by Quantum Health, Inc. (Shapiro, Paul) Modified text on 7/18/2025 (MGB). |
| Filing 38 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Quantum Health, Inc. (Shapiro, Paul) Modified text on 7/18/2025 (MGB). |
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Filing 37
ORDER granting #36 Defendant's Unopposed Motion to Seal Parts of ERISA Administrative Record. With its response to the motion for preliminary injunction, Defendant shall submit under seal the portions of the administrative record set forth in the motion. Signed by Magistrate Judge Leslie Hoffman Price on 7/17/2025. (MKH)
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| Filing 36 Unopposed MOTION to file DOCUMENT under seal by Quantum Health, Inc. (Attachments: #1 Proposed Sealed Item Exhibit B of Administrative Record, #2 Proposed Sealed Item Exhibit C of Administrative Record, #3 Proposed Sealed Item Exhibit D of Administrative Record, #4 Proposed Sealed Item Exhibit E of Administrative Record, #5 Proposed Sealed Item Exhibit F of Administrative Record, #6 Proposed Sealed Item Exhibit G of Administrative Record, #7 Proposed Sealed Item Exhibit H of Administrative Record, #8 Proposed Sealed Item Exhibit I of Administrative Record, #9 Proposed Sealed Item Exhibit J of Administrative Record, #10 Proposed Sealed Item Exhibit K of Administrative Record)(Shapiro, Paul).Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 35
ENDORSED ORDER granting #34 Defendant's amended motion for extension of time, which Plaintiff does not oppose. Defendant shall respond to #13 Plaintiff's corrected motion for preliminary injunction on or before July 17, 2025. Signed by Judge Julie S. Sneed on 7/16/2025. (AJL)
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| ***PRO HAC VICE FEES PAID (Receipt Number ORL 115802 for $150) by attorney David J. Butler, appearing on behalf of Quantum Health, Inc.. Related document: #23 Unopposed MOTION for David J. Butler to appear pro hac vice Unopposed Motion for Special Admission. (MSN) |
| Filing 34 Amended MOTION for Extension of Time to File Response/Reply as to #13 Corrected MOTION for Preliminary Injunction (Unopposed) by Quantum Health, Inc.. (Shapiro, Paul) |
| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 Corrected MOTION for Preliminary Injunction by Quantum Health, Inc.. (Shapiro, Paul) |
| ***PRO HAC VICE FEES PAID (Receipt Number ORL. No. 115746 for $150) by attorney Paul M. Shapiro, appearing on behalf of Quantum Health, Inc.. Related document: #17 MOTION for Paul M. Shapiro to appear pro hac vice Motion for Special Admission (Paul M. Shapiro). (MLB) |
| Filing 32 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Quantum Health, Inc. (Weiss, Gregory) Modified on 7/15/2025 to edit text. (JVC) |
| Filing 31 NOTICE of a related action Notice of Pendency of Other Actions per Local Rule 1.07(c) by Quantum Health, Inc. Related case(s): No (Weiss, Gregory) Modified on 7/15/2025 to edit text. (JVC) |
| Filing 30 NOTICE of Lead Counsel Designation by Gregory S. Weiss on behalf of Quantum Health, Inc.. Lead Counsel: Paul M. Shapiro. (Weiss, Gregory) |
| Filing 29 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Timothy Wirth. (Peyser, Nell) |
| Filing 28 NOTICE of a related action per Local Rule 1.07(c) by Timothy Wirth. Related case(s): No (Peyser, Nell) |
| Filing 27 NOTICE of Lead Counsel Designation by Nell Z. Peyser on behalf of Timothy Wirth. Lead Counsel: Nell Z. Peyser. (Peyser, Nell) |
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Filing 26
ORDER granting #24 Motion for Special Pro Hac Vice Appearance. D. Brian Hufford, Esq., may specially appear in this case as counsel for Plaintiff. The Clerk of Court is directed to mail a copy of this Order to Attorney Hufford. Signed by Magistrate Judge Leslie Hoffman Price on 7/11/2025. (ECJ) (ECJ).
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Filing 25
ORDER granting #23 Unopposed Motion for Special Admission. David J. Butler, Esq., may specially appear in this case as counsel for Defendant. The Clerk of Court is directed to mail a copy of this Order to Attorney Butler. Signed by Magistrate Judge Leslie Hoffman Price on 7/11/2025. (ECJ) (Main Document 25 replaced on 7/11/2025 to attach the correct document.)(RPB).
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| Filing 24 Unopposed MOTION for D. Brian Hufford to appear pro hac vice by Timothy Wirth. (Cochran, Justin) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-23598072 for $150 paid. Special Admission for Non-Resident Attorney D. Brian Hufford. (Cochran, Justin) |
| Filing 23 Unopposed MOTION for David J. Butler to appear pro hac vice Unopposed Motion for Special Admission by Quantum Health, Inc.. (Attachments: #1 Exhibit A)(Weiss, Gregory) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 22
ORDER granting #19 Unopposed Amended Motion for Special Admission. Paul M. Shapiro, Esq., may specially appear in this case as counsel for Defendant. The Clerk of Court is directed to mail a copy of this Order to Attorney Shapiro. Signed by Magistrate Judge Leslie Hoffman Price on 7/10/2025. (ECJ)
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Filing 21
ORDER granting #20 Motion for Special Pro Hac Vice Appearance. Nell Z. Peyser, Esq., may specially appear in this case as counsel for Plaintiff. The Clerk of Court is directed to mail a copy of this Order to Attorney Peyser. Signed by Magistrate Judge Leslie Hoffman Price on 7/10/2025. (ECJ)
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| Filing 20 Unopposed MOTION for Nell Z. Peyser to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23586490 for $150 by Timothy Wirth. (Cochran, Justin) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 19 MOTION for Paul M. Shapiro to appear pro hac viceUnopposed Amended Motion for Special Admission by Quantum Health, Inc. (Attachments: #1 Exhibit A)(Weiss, Gregory) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 18
ORDER denying without prejudice #17 Motion for Special Admission (Paul M. Shapiro). Signed by Magistrate Judge Leslie Hoffman Price on 7/8/2025. (ECJ)
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| Filing 17 MOTION for Paul M. Shapiro to appear pro hac vice. Motion for Special Admission (Paul M. Shapiro) by Quantum Health, Inc. (Attachments: #1 Exhibit A)(Weiss, Gregory) Motions referred to Magistrate Judge Leslie Hoffman Price. |
| Filing 16 NOTICE of Appearance by Gregory S. Weiss on behalf of Quantum Health, Inc. (Weiss, Gregory) |
| Filing 15 CERTIFICATE of service by Timothy Wirth re #13 Corrected MOTION for Preliminary Injunction, #14 Memorandum in support. (Cochran, Justin) Modified text on 7/2/2025 (GL). |
| Filing 14 MEMORANDUM in support re #13 Motion for Preliminary Injunction Memorandum of Law in Support of Plaintiff's Corrected Motion for Preliminary Injunction filed by Timothy Wirth. (Cochran, Justin) |
| Filing 13 Corrected MOTION for Preliminary Injunction by Timothy Wirth. (Attachments: #1 Text of Proposed Order)(Cochran, Justin) Modified text on 6/30/2025 (BD). |
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Filing 12
INITIAL ORDER re: Case Management and Deadlines (ERISA). Signed by Judge Julie S. Sneed on 6/30/2025. (KLD)
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Filing 11
ENDORSED ORDER denying without prejudice #2 Plaintiff's motion for preliminary injunction. Federal Rule of Civil Procedure 65 states that a "court may issue a preliminary injunction only on notice to the adverse party," Fed. R. Civ. P. 65(a)(1), and Local Rule 6.02 provides: "The movant must notify each affected party as soon as practical unless the movant establishes by clear and convincing evidence an extraordinary circumstance not requiring notice," M.D. Fla. R. 6.02(b). However, neither #2 Plaintiff's motion nor #3 the memorandum supporting it discusses the notice requirement, and Defendant has not yet appeared in this case. Similarly, Rule 65 states that the "court may issue a preliminary injunction... only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined," Fed. R. Civ. P. 65(c), and Local Rule 6.02 requires a motion for preliminary injunction to contain "a precise and verified explanation of the amount and form of the required security," M.D. Fla. R. 6.01(a)(4), 6.02(a)(1). However, neither #2 the motion nor #3 the memorandum discusses the security requirement. Further, although Plaintiff includes a proposed order as required by Local Rule 6.02, see M.D. Fla. R. 6.01(a)(6), 6.02(a)(1), the proposed order does not meet all the requirements of Federal Rule of Civil Procedure 65(d). Plaintiff may refile his motion provided that he corrects all these deficiencies. Signed by Judge Julie S. Sneed on 6/30/2025. (AJL)
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| Filing 10 RETURN of service executed on June 27, 2025 by Timothy Wirth as to Quantum Health, Inc. (Cochran, Justin) Modified text on 6/30/2025 (JKB). |
| Filing 9 SUMMONS issued as to Quantum Health, Inc. (JOS) |
| Filing 8 NOTICE TO COUNSEL All Counsel of Record of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JOS) |
| Filing 7 NOTICE TO COUNSEL D. Brian Hufford, Jason S. Cowart, and Nell Z. Peyser Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; 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). (JOS) |
| Filing 6 NEW CASE ASSIGNED to Judge Julie S. Sneed and Magistrate Judge Leslie Hoffman Price. New case number: 6:25-cv-1147-JSS-LHP. (RPB) |
| Filing 5 DECLARATION of Timothy Wirth re #2 MOTION for Preliminary Injunction by Timothy Wirth. (Cochran, Justin) |
| Filing 4 DECLARATION of D. Brian Hufford re #2 MOTION for Preliminary Injunction by Timothy Wirth. (Attachments: #1 Exhibit A - Northrop Grumman SPD 2024, #2 Exhibit B - March 28, 2025 Preauthorization Request for Deuk Laser Disc Repair, #3 Exhibit C - April 3, 2025 Quantum Denial Letter, #4 Exhibit D - April 3, 2025 Appeal of Quantum Denial, #5 Exhibit E - April 24, 2025 Quantum Denial of Appeal, #6 Exhibit F - Medical Policy entitled SURG.00071)(Cochran, Justin) |
| Filing 3 MEMORANDUM in support re #2 Motion for Preliminary Injunction filed by Timothy Wirth. (Cochran, Justin) |
| Filing 2 MOTION for Preliminary Injunction by Timothy Wirth. (Attachments: #1 Text of Proposed Order)(Cochran, Justin) |
| Filing 1 COMPLAINT against Quantum Health, Inc. (Filing fee $405 receipt number AFLMDC-23536966) filed by Timothy Wirth. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Cochran, Justin) |
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