Bane v. Breathe Easy Pulmonary Services, Inc. et al
| Bane |
| Breathe Easy Pulmonary Services, Inc |
| 8:2006cv00040 |
| January 1, 2006 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Susan C Bucklew |
| Contract: Recovery Medicare |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 11, 2009. A more recent docket listing may be available from PACER.
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Filing 303
ORDER granting 302 Unopposed Motion for Return of Sealed Materials. Signed by Judge Virginia M. Hernandez Covington on 9/11/2009. (CR)
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| Filing 302 Unopposed MOTION for return of property (Sealed Materials) by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
| Filing 301 SATISFACTION OF JUDGMENT entered In favor of Lincare Holdings Inc. Against Ben Bane, In favor of Lincare, Inc. Against Ben Bane (As to Costs) by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
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Filing 300
ORDER granting 294 Motion to Enforce Costs. Relator Ben Bane is directed to tender payment of costs to Lincare Holdings, Inc. in the amount of $65,053.63, within ten (10) days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 5/27/2009. (PPB)
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| Filing 299 RESPONSE to motion re 294 MOTION to Enforce Judgment of Costs and Incorporated Memorandum of Law filed by Ben Bane. (Darken, Kevin) |
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Filing 298
ORDER denying 291 motion to amend/correct. See Order for details. Signed by Magistrate Judge Mark A. Pizzo on 4/29/2009. (JMF)
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Filing 297
ORDER adopting 287 REPORT AND RECOMMENDATION re 279 MOTION for attorney fees filed by Lincare Holdings Inc. Lincare's motion for determination of entitlement to attorney's fees (Doc. # 279) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 4/28/2009. (PPB)
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Filing 296
ORDER referring motion to Magistrate Judge for disposition: 291 Amended Motion to Modify Confidentiality Agreement and Stipulation for Protective Order filed by Ben Bane. Signed by Judge Virginia M. Hernandez Covington on 4/26/2009. (PPB) Motions referred to Magistrate Judge Mark A. Pizzo.
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| Filing 295 RESPONSE in opposition re 291 MOTION to amend/correct 290 MOTION to modify Confidentiality Agreement and Stipulation for Protective Order, filed by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Alley, Jessica) Modified on 4/27/2009 to edit text only (LDB). |
| Filing 294 MOTION to Enforce Judgment of Costs and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A)(Alley, Jessica) |
| Filing 293 RESPONSE to objections to 287 Report and Recommendations by Ben Bane. (Darken, Kevin) |
| Filing 292 TERMINATED. RESPONSE re 288 Objection filed by Ben Bane. (Darken, Kevin) NOTE: INCORRECT EVENT CODE; COUNSEL NOTIFIED TO RE-FILE. Modified on 4/17/2009 (LDB). |
| Filing 291 AMENDED MOTION to modify Confidentiality Agreement and Stipulation for Protective Order by Ben Bane. (Solomon, Stanford) Modified on 4/17/2009 to edit text only. (LDB). |
| Filing 290 TERMINATED. MOTION to modify Confidentiality Agreement and Stipulation for Protective Order by Ben Bane. (Solomon, Stanford) NOTE: COUNSEL FILED AMENDED MOTION AT DKT. 291 TO INCLUDE CERTIFICATE OF LOCAL RULE 3.01(g) GOOD FAITH CONFERENCE. Modified on 4/17/2009 (LDB). |
| Filing 289 NOTICE of Appearance by Stanford R. Solomon on behalf of Ben Bane (Solomon, Stanford) |
| Filing 288 OBJECTION re 287 REPORT AND RECOMMENDATION re 279 MOTION for attorney fees and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc... (Alley, Jessica) |
| Filing 287 REPORT AND RECOMMENDATION re 279 MOTION for attorney fees filed by Lincare, Inc., Lincare Holdings Inc. Signed by Magistrate Judge Mark A. Pizzo on 3/20/2009. (DK) |
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Filing 286
ORDER of USCA as to 281 Notice of appeal filed by Ben Bane, that pursuant to 11th Cir. R. 42-1(b), this appeal is dismissed for want of prosecution because appellant has failed to pay the $455 docketing/filing fees to the District Court clerk and file a transcript order form within the time fixed by the rules. EOD: 3/17/09; USCA number: 09-10956-F. Issued as mandate. (DG)
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| Filing 285 NOTICE of supplemental authority by Ben Bane (Darken, Kevin) |
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Filing 284
ORDER referring motion for report and recommendation: 279 MOTION for attorney fees filed by Lincare, Inc., Lincare Holdings Inc. Signed by Judge Virginia M. Hernandez Covington on 3/4/2009. (PPB) Motions referred to Magistrate Judge Mark A. Pizzo.
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| Filing 283 RESPONSE to motion re 279 MOTION for attorney fees and Incorporated Memorandum of Law filed by Ben Bane. (Darken, Kevin) |
| Filing 282 TERMINATED. RESPONSE to motion re 279 MOTION for attorney fees and Incorporated Memorandum of Law Relator's Response to Lincare's Motion for Determination of Entitlement of Attorneys' Fees filed by Ben Bane. (Darken, Kevin) NOTE: COUNSEL REFILED CORRECTED DOCUMENT AT DKT. 283. Modified on 3/3/2009 (LDB). |
| Filing 281 NOTICE OF APPEAL as to 277 Judgment by Ben Bane. (Filing fee not paid) (Darken, Kevin) |
| Filing 280 BILL OF COSTS taxed against Ben Bane in the amount of $65,053.63. Signed by Deputy Clerk. (LS) |
| Filing 279 MOTION for attorney fees and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Alley, Jessica) |
| Filing 278 PROPOSED BILL OF COSTS by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ingram, Lawrence) |
| Filing 277 JUDGMENT in favor of Lincare Holdings Inc., Lincare, Inc. against Ben Bane (Signed by Deputy Clerk) (LDB) |
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Filing 276
ORDER granting 272 Motion to dismiss; granting 274 Motion for Entry of Judgment under Rule 54(b). Relator's claims against Defendants Breathe Easy Pulmonary Services, Inc., and Premier Cardio Pulmonary Medical, Inc., are hereby dismissed with prejudice with each party to bear its own attorney's fees and costs. The Clerk is directed to enter final judgment in favor of Defendants Lincare Holdings, Inc., and Lincare, Inc., terminate all pending motions, and administratively close the case. Signed by Judge Virginia M. Hernandez Covington on 2/2/2009. (PPB)
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| Filing 275 NOTICE by United States of America re 272 Unopposed MOTION to dismiss Claims Against Breathe Easy and Premier (Harwell, Lacy) |
| Filing 274 Unopposed MOTION for Entry of Judgment under Rule 54(b) and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
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Filing 273
ORDER: The Government is directed to file a notice with this Court by February 2, 2009, indicating whether it consents to voluntary dismissal of this case pursuant to 272 Unopposed MOTION to dismiss Claims Against Breathe Easy and Premier filed by Ben Bane. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 1/28/2009. (PPB)
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| Filing 272 Unopposed MOTION to dismiss Claims Against Breathe Easy and Premier by Ben Bane. (Darken, Kevin) |
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Filing 271
ORDER granting 199 Lincare's Motion for summary judgment; denying 201 Breathe Easy/Premier Cardio's Motion for summary judgment. The Clerk is directed to terminate all pending motions and deadlines relating to the Lincare Defendants and to dismiss them from the case. Signed by Judge Virginia M. Hernandez Covington on 1/23/2009. (PPB)
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Filing 270
PRETRIAL ORDER. Signed by Judge Virginia M. Hernandez Covington on 1/23/2009. (LS)
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| Filing 269 NOTICE by Akerman Senterfitt and Claim of Attorney's Charging Lien (Attachments: # 1 Exhibit A)(Mathews, Margaret) |
| Filing 268 NOTICE by Lincare Holdings Inc., Lincare, Inc. Joint Notice Regarding "Daubert" Hearings (Alley, Jessica) |
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Filing 266
ENDORSED ORDER granting 253 Motion to withdraw as attorney. Signed by Magistrate Judge Mark A. Pizzo on 1/23/2009. (DK)
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| Filing 265 RETURN of service executed on 01/13/2009 by Lincare Holdings Inc., Lincare, Inc. as to Debra Bectal. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 264 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to John W Swisher. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 263 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Howard D. Diener, MD. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 262 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Patricia A. Rooney. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 261 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Christopher Berchelmann. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 260 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Steven Smith. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 259 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Amy Brydebell-Anderson. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 258 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Jamie Marckese. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 257 RETURN of service executed on 01/12/2009 by Lincare Holdings Inc., Lincare, Inc. as to Gregory Tompkins. (Alley, Jessica) Modified on 1/23/2009 NOTE: DOCUMENT REMOVED, counsel notified regarding the Local Rules (BES). |
| Filing 256 NOTICE by Lincare Holdings Inc., Lincare, Inc. of Unavailability of Expert Allan L. Goldman, M.D. (Ingram, Lawrence) |
| Filing 255 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Paul Spangler (PS) |
| Filing 254 TRANSCRIPT of Final Pretrial Conference held on January 16, 2009 before Judge Virginia Covington. Court Reporter/Transcriber Paul K. Spangler,Telephone number 8133015898. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/11/2009, Redacted Transcript Deadline set for 2/23/2009, Release of Transcript Restriction set for 4/21/2009. (PS) |
| Filing 253 Unopposed MOTION for Jolee Land to withdraw as attorney by Lincare Holdings Inc., Lincare, Inc.. (Land, Jolee) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 267 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: FINAL PRETRIAL CONFERENCE held on 1/16/2009. Case to be tried during the February trial term. Court Reporter: Paul Spangler (LS) |
| Filing 252 RESPONSE to motion re 222 First MOTION in limine filed by Ben Bane. (Darken, Kevin) |
| Filing 251 RESPONSE to motion re 220 MOTION in limine filed by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Alley, Jessica) |
| Filing 250 RESPONSE to motion re 223 Second MOTION in limine filed by Ben Bane. (Darken, Kevin) |
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Filing 249
ENDORSED ORDER denying as moot 225 Defendant Lincare's Fourth Motion in Limine, in light of this Court's Order 248 denying Defendant Lincare's Motion to Strike. Signed by Judge Virginia M. Hernandez Covington on 1/14/2009. (PPB)
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Filing 248
ORDER: Defendant Lincare's Motion to Strike or Exclude Portions of Composite Exhibits 1 and 2 to Relator's Response to Lincare's Motion for Summary Judgment 211 is DENIED. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 1/14/2009. (PPB)
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| Filing 247 RESPONSE to motion re 225 Fourth MOTION in limine filed by Ben Bane. (Darken, Kevin) |
| Filing 246 RESPONSE to motion re 224 Third MOTION in limine filed by Ben Bane. (Darken, Kevin) |
| Filing 245 RESPONSE to motion re 231 Second MOTION in limine regarding testimoney and evidence related to Medicare claims Relator's Response to Breathe Easy Pulmonary Services, Inc.'s and Premier Cardio Pulmonary Medical Inc.'s Motion in Limine as Relator's Selected Medicare Claims due to lack of Use of Statistical Methodology filed by Ben Bane. (Darken, Kevin) |
| Filing 244 RESPONSE to motion re 221 MOTION in limine regarding testimony of Ben Bane filed by Ben Bane. (Darken, Kevin) |
| Filing 243 PRETRIAL STATEMENT by Ben Bane, Breathe Easy Pulmonary Services, Inc., Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit 4-A, # 2 Exhibit 4-C, # 3 Exhibit 4-D, # 4 Exhibit 4-F, # 5 Exhibit 4-G, # 6 Exhibit 4-H, # 7 Exhibit 5-A, # 8 Exhibit 5-C, # 9 Exhibit 5-D)(Alley, Jessica) |
| Filing 242 OBJECTION re 239 Exhibit List /Lincare's Objections to Relator's Second Amended Exhibit List. (Alley, Jessica) |
| Filing 241 OBJECTION re 234 Exhibit List /Lincare's Objections to the Breathe Easy Defendants' Amended Exhibit List. (Alley, Jessica) |
| Filing 240 AMENDED WITNESS LIST by Ben Bane. (Darken, Kevin) Modified on 1/14/2009 as to text only. (LDB) |
| Filing 239 EXHIBIT LIST Relator's Second Amended Exhibit List by Ben Bane.. (Darken, Kevin) |
| Filing 238 REPLY to response to motion re 211 MOTION to strike 210 Response to motion Portions of Composite Exhibits 1 and 2 MOTION to strike 210 Response to motion Portions of Composite Exhibits 1 and 2 filed by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal))(Alley, Jessica) |
| Filing 237 EXHIBIT LIST REVISED by Lincare Holdings Inc., Lincare, Inc... (Alley, Jessica) |
| Filing 236 EXHIBIT LIST Relator's Amended Exhibit List by Ben Bane.. (Darken, Kevin) |
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Filing 235
ORDER granting 216 Defendant Lincare's Motion for Leave to File a Brief Reply to Relator's Response to Lincare's Motion to Strike. Lincare may file a reply, of a length not to exceed five pages, within five (5) days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 1/7/2009. (PPB)
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| Filing 234 EXHIBIT LIST Amended by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc... (Iglesias, Stephen) |
| Filing 233 REPLY to response to motion re 216 MOTION for leave to file a Brief Reply to Relator's Response to Lincare's Motion to Strike or Exclude Portions of Composite Exhibits 1 and 2 to Relator's Response to Lincare's Motion for Summary Judgment and Incorporated Memorandum filed by Ben Bane. (Darken, Kevin) |
| Filing 232 NOTICE of Consent to Join by Lincare Holdings Inc., Lincare, Inc. re 231 Second MOTION in limine regarding testimony and evidence related to Medicare claims (Alley, Jessica) Modified on 1/5/2009 as to text only (LDB). |
| Filing 231 Second MOTION in limine by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Iglesias, Stephen) Modified on 1/5/2009 as to text only (LDB). |
| Filing 230 EXHIBIT LIST Pursuant to Rule 26(a)(3) by Lincare Holdings Inc., Lincare, Inc... (Alley, Jessica) |
| Filing 229 WITNESS LIST by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
| Filing 228 NOTICE of Consent to Join by Lincare Holdings Inc., Lincare, Inc. re 221 MOTION in limine regarding testimony of Ben Bane (Alley, Jessica) |
| Filing 227 PRETRIAL STATEMENT by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Iglesias, Stephen) |
| Filing 226 NOTICE by Lincare Holdings Inc., Lincare, Inc. re 216 MOTION for leave to file a Brief Reply to Relator's Response to Lincare's Motion to Strike or Exclude Portions of Composite Exhibits 1 and 2 to Relator's Response to Lincare's Motion for Summary Judgment and Incorporated Memorandum Supplement to Lincare's Local Rule 3.01(g) Certificate of Good Faith Conference (Ingram, Lawrence) |
| Filing 225 Fourth MOTION in limine by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A)(Alley, Jessica) |
| Filing 224 TERMINATED. Third MOTION in limine by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) NOTE: TERMINATED PURSUANT TO DKT. 271 ORDER. Modified on 1/26/2009 (LDB). |
| Filing 223 TERMINATED. Second MOTION in limine by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A)(Alley, Jessica) NOTE: TERMINATED PURSUANT TO DKT. 271 ORDER. Modified on 1/26/2009 (LDB). |
| Filing 222 TERMINATED. First MOTION in limine by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A)(Alley, Jessica) NOTE: TERMINATED PURSUANT TO DKT. 271 ORDER. Modified on 1/26/2009 (LDB). |
| Filing 221 MOTION in limine regarding testimony of Ben Bane by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Iglesias, Stephen) |
| Filing 220 MOTION in limine by Ben Bane. (Darken, Kevin) |
| Filing 219 NOTICE of filing exhibits by Ben Bane re 213 Response to motion (Darken, Kevin) Modified on 1/2/2009 as to text only (LDB). |
| Filing 218 PRETRIAL STATEMENT by Ben Bane. (Darken, Kevin) |
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Filing 217
ORDER: Relator Ben Bane is directed to file notice of his position as to Defendant Lincare's Motion for Leave to File a Brief Reply to Relator's Response to Lincare's Motion to Strike 216 by January 6, 2009, or the Court will consider the motion unopposed and will rule accordingly. Signed by Judge Virginia M. Hernandez Covington on 12/31/2008. (PPB)
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| Filing 216 MOTION for leave to file a Brief Reply to Relator's Response to Lincare's Motion to Strike or Exclude Portions of Composite Exhibits 1 and 2 to Relator's Response to Lincare's Motion for Summary Judgment and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
| Filing 215 OBJECTION re 212 Notice of Consent to Join by Ben Bane. (Darken, Kevin) |
| Filing 214 RESPONSE re 212 Notice of Consent to Join filed by Ben Bane. (Darken, Kevin) Modified on 12/24/2008 (MRH). NOTE: INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE. |
| Filing 213 RESPONSE to motion re 211 MOTION to strike 210 Response to motion Portions of Composite Exhibits 1 and 2 filed by Ben Bane. (Darken, Kevin) Modified on 12/24/2008 (MRH). NOTE: REMOVED REDUNDANT TEXT. Modified on 1/12/2009 (MRH). NOTE: SEE DOCUMENT 219 FOR COMPLETION OF EXHBITS. (MRH). |
| Filing 212 NOTICE of Consent to Join by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc. re 211 MOTION to strike 210 Response to motion Portions of Composite Exhibits 1 and 2 Sealed document (Iglesias, Stephen) Modified on 12/12/2008 to edit text only (LDB). |
| Filing 211 MOTION to strike 210 Response to motion Portions of Composite Exhibits 1 and 2 by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4- Filed Under Seal, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8- Filed Under Seal, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Alley, Jessica) |
| Filing 210 RESPONSE to motion re 201 MOTION for summary judgment filed by Ben Bane. (Attachments: # 1 Depo Attachments #1, # 2 Depo Attachments)(Darken, Kevin) |
| Filing 209 RESPONSE to motion re 201 MOTION for summary judgment filed by Ben Bane. (Attachments: # 1 Depo Attachment #1, # 2 Depo Attachments #2)(Darken, Kevin) |
| Filing 208 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 01/15/2009 is rescheduled. New scheduling date and time: Final Pretrial Conference set for Friday, 1/16/2009 at 10:30 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington.(LS) |
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Filing 207
ENDORSED ORDER granting 206 Unopposed Motion to Reset Pretrial Conference. A separate Notice of Hearing will be filed reflecting the new date and time for the Pretrial Conference. Signed by Judge Virginia M. Hernandez Covington on 11/21/2008. (PPB)
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| Filing 206 Unopposed MOTION to continue final pretrial conference by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Attachments: # 1 Exhibit)(Iglesias, Stephen) |
| Filing 205 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 01/14/2009 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 1/15/2009 at 01:30 PM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LS) |
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Filing 204
ENDORSED ORDER granting 203 Defendants' Motion to Seal Unredacted Exhibits. Pursuant to the May 1, 2008, Protective Order and for good cause shown, all exhibits filed with Defendants Breathe Easy Pulmonary Services and Premier Cardio Medical's 201 Motion for Summary Judgment are hereby sealed. Signed by Judge Virginia M. Hernandez Covington on 11/5/2008. (PPB)
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| Filing 203 MOTION to Seal Document 201 MOTION for summary judgment exhibits by Breathe Easy Pulmonary Services, Inc. and Premier Cardio Pulmonary Medical, Inc.. (Iglesias, Stephen) Modified text on 11/4/2008 adding both defendants. (LDB). |
| Filing 202 TERMINATED. MOTION to Seal Document 200 MOTION for summary judgment exhibits by Breathe Easy Pulmonary Services, Inc.. (Iglesias, Stephen) NOTE: COUNSEL RE-FILED AT DKT. 203. Modified on 11/4/2008 (LDB). |
| Filing 201 MOTION for summary judgment by Breathe Easy Pulmonary Services, Inc., and Premier Cardio Pulmonary Medical, Inc.. (Attachments: # 1 Affidavit Affidavit of Kim Johns, # 2 Affidavit Affidavit of Lori DeMello, # Exhibit Deposition of Ben Bane, # Exhibit Deposition of Berc Sarafian, M.D., # Exhibit Deposition of Kathy Elston, # Exhibit Deposition of Christopher Berlechmann, M.D., # Exhibit Deposition Exhibits 13,14, # Exhibit Deposition Exhibits 19,22, # Exhibit 1st Deposition of Howard Diener, M.D., # Exhibit 2nd Deposition of Howard Diener, M.D., # 11 Exhibit Deposition of Kristen Folding, # 12 Exhibit Deposition of Allan Goldman, M.D., # Exhibit Deposition of Kimberly Johns, # Exhibit Deposition of Steve Smith, M.D., # 15 Exhibit Deposition of John Swisher, M.D., # 16 Exhibit Deposition of Teresa Veach, # 17 Exhibit Medicare LCD (L26304), # 18 Exhibit CMS Medicare Brochure re: Medical Review Program)(Iglesias, Stephen) Modified text on 11/4/2008 adding both defendants. (LDB) Modified on 11/10/2008 (MRH). NOTE: IMAGES OF EXHIBITS 4, 5, 6, 7, 8, 9, 10, 11, 14, AND 15 DELETED. EXHIBITS SEALED. |
| Filing 200 TERMINATED. MOTION for summary judgment by Breathe Easy Pulmonary Services, Inc.. (Attachments: # 1 Affidavit Kim Johns, # 2 Affidavit Lori DeMello, # 3 Exhibit Deposition of Ben Bane, # 4 Exhibit Deposition of Berc Serafian, M.D., # 5 Exhibit Deposition of Christopher Berlechmann, M.D., # 6 Exhibit 1st Deposition of Howard Diener, M.D., # 7 Exhibit 2nd Deposition of Howard Diener, M.D., # 8 Exhibit Deposition of Kristen Folding, # 9 Exhibit Deposition of Allan Goldman, M.D., # 10 Exhibit Deposition of Kimberly Johns, # 11 Exhibit Deposition of Steve Smith, M.D., # 12 Exhibit Deposition of John Swisher, M.D., # 13 Exhibit Deposition of Teresa Veach, # 14 Exhibit Deposition of Kathy Elston, # 15 Exhibit Medicare LCD (L26304), # 16 Exhibit CMS Brochure "Medical Review Program")(Iglesias, Stephen)NOTE: COUNSEL RE-FILED AT DKT. 201, ATTACHING ALL EXHIBITS. Modified on 11/4/2008 (LDB). |
| Filing 199 MOTION for summary judgment and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-Q, # 4 Exhibit R, # 5 Exhibit S-W, # 6 Exhibit X-BB, # 7 Exhibit CC-GG, # 8 Exhibit HH-LL, # 9 Exhibit MM-QQ, # 10 Exhibit RR-VV, # 11 Exhibit WW-AAA, # 12 Exhibit BBB-DDD, # 13 Exhibit EEE-FFF)(Alley, Jessica) |
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Filing 198
ENDORSED ORDER re-setting the dispositive motions deadline for Monday, November 3, 2008. Signed by Judge Virginia M. Hernandez Covington on 10/27/2008. (PPB)
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Filing 197
The Report and Recommendation 182 issued by Magistrate Judge Mark A. Pizzo is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. Defendant Lincare's Motion to Dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) 174 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 10/7/2008. (PPB)
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| Filing 196 NOTICE of Appearance by Stephen Vincent Iglesias on behalf of Premier Cardio Pulmonary Medical, Inc. (Iglesias, Stephen) |
| Filing 195 NOTICE of Appearance by Stephen Vincent Iglesias on behalf of Breathe Easy Pulmonary Services, Inc. (Iglesias, Stephen) |
| Filing 194 RESPONSE re 189 Objection to Magistrate Judge's Orders of August 27, 2008 filed by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
| Filing 193 RESPONSE re 191 Objection to Magistrate Judge's Report and Recommendation on Lincare's Motion to Dismiss filed by Ben Bane. (Darken, Kevin) |
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Filing 192
ORDER denying 190 Relator's Motion for Reconsideration of Court's Order Denying Relator's Motion to Extend Discovery Deadline and Expert Report Deadline. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 9/17/2008. (PPB)
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| Filing 191 OBJECTION re 182 REPORT AND RECOMMENDATION re 174 MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) and Incorporated Memorandum of Law MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) and I. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Alley, Jessica) |
| Filing 190 MOTION for reconsideration of Courts Order Denying Relator's Motion to Extend Discovery Deadline and Expert Report Deadline and Incorporated Memorandum of Law by Ben Bane. (Darken, Kevin) |
| Filing 189 OBJECTION re 185 Order on motion for protective orderOrder on motion to compel, 184 Order on motion for protective orderOrder on motion to compel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Darken, Kevin) |
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Filing 188
ORDER: Defendants Breathe Easy Pulmonary Services, Inc. and Premier Cardio Pulmonary Medical, Inc. are granted an extension until September 30, 2008 to secure counsel. The dispositive motions deadline and the dates for the final pre-trial conference and trial will be extended thirty (30) days. See Order for dates and further details. The Clerk is directed to forward a copy of this Order to Breathe Easy Defendants at the address set forth in the Order. Signed by Judge Virginia M. Hernandez Covington on 9/4/2008. (PPB)
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| Filing 187 RESPONSE TO ORDER TO SHOW CAUSE re 179 Order to show cause filed by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (LDB) |
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Filing 186
ORDER DENYING 149 Relator's Motion to Extend Deadlines. Dispositive motions shall be filed within TWENTY DAYS after the date the Court rules on Lincare's currently pending Motion to Dismiss. All other scheduling dates remain unchanged. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 8/29/2008. (PPB)
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Filing 185
ORDER granting 145 Motion for protective order; denying 150 Motion to compel; granting 152 Motion for protective order. Signed by Magistrate Judge Mark A. Pizzo on 8/27/2008. (DK)
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Filing 184
ORDER granting 139 Motion for protective order; denying 154 Motion to compel. Signed by Magistrate Judge Mark A. Pizzo on 8/27/2008. (DK)
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Filing 183
ENDORSED ORDER denying as moot 177 Motion for leave to file. Signed by Magistrate Judge Mark A. Pizzo on 8/27/2008. (DK)
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| Filing 182 REPORT AND RECOMMENDATION re 174 MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1)filed by Lincare, Inc., Lincare Holdings Inc. Signed by Magistrate Judge Mark A. Pizzo on 8/27/2008. (DK) |
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Filing 181
ORDER re: deadline for dispositive motions. Signed by Magistrate Judge Mark A. Pizzo on 8/27/2008. (DK)
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| Filing 180 Minute Entry. Proceedings held before Magistrate Judge Mark A. Pizzo: Hearing held on 8/26/2008 re: Lincare Defendants' motion to dismiss for lack of subject matter jurisdiction. (digital) Court Reporter: Berryhill & Assoc. (DK) |
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Filing 179
ORDER TO SHOW CAUSE as to Breathe Easy Pulmonary Services, Inc. and Premier Cardio Pulmonary Medical, Inc. Identified Defendants have eleven (11) days from the date of this order to show cause by written response why sanctions should not be imposed for failure to comply with this Court's July 24, 2008, Order to retain counsel as required by Local Rule 2.03(e). See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 8/19/2008. (PPB)
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| Filing 178 NOTICE of Hearing: Oral Argument on Motion to dismiss pursuant to Rule 12(b)(1)Hearing set for 8/26/2008 at 9:15 AM in Courtroom 11 B before Magistrate Judge Mark A. Pizzo. (DK) |
| Filing 177 MOTION for leave to file Reply to Relator's Response to Lincare's Motion to Dismiss the Second Amended Complaint Pursuant to Rule 12(b)(1) and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
| Filing 176 RESPONSE to motion re 174 MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) and Incorporated Memorandum of Law MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) and Incorporated Memorandum of Law filed by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Darken, Kevin) |
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Filing 175
ORDER referring motion for report and recommendation: 174 MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) filed by Lincare, Inc., Lincare Holdings Inc. Signed by Judge Virginia M. Hernandez Covington on 8/8/2008. (KAK) Motions referred to Magistrate Judge Mark A. Pizzo.
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| Filing 174 MOTION to dismiss Relator's Second Amended Complaint Pursuant to Rule 12(b)(1) and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Alley, Jessica) |
| Filing 173 NOTICE to counsel of new case number and judge assignment: 8:06-cv-40-T-33MAP (signed by deputy clerk). (JLH) |
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Filing 172
ORDER directing all motions to dismiss per Rule 12(b)(1) be filed by August 6, 2008, and responses by August 11, 2008, and extending dispositive motions deadline. Clerk of Court directed to mail copy of Order to Breathe Easy Defendants. Signed by Magistrate Judge Mark A. Pizzo on 7/25/2008. (DK)
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Filing 171
ORDER granting 160 Motion to withdraw as attorney. Clerk of court instructed to mail copy of order to Breathe Easy Defendants at addresses provided in Order. Signed by Magistrate Judge Mark A. Pizzo on 7/24/2008. (DK)
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Filing 170
ORDER denying 166 Motion to alter or amend discovery order re 162 Order on motion to compel. Signed by Magistrate Judge Mark A. Pizzo on 7/24/2008. (DK)
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Filing 169
ORDER referring 149 Motion to extend deadlines and 160 Motion to withdraw to Judge Pizzo for disposition. Signed by Judge Susan C Bucklew on 7/22/2008. (JD)
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Filing 168
ORDER denying 106 Motion for leave to amend complaint. Signed by Judge Susan C Bucklew on 7/22/2008. (JD)
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| Filing 167 RESPONSE to motion re 166 MOTION for reconsideration re 162 Order on motion to compel filed by Lincare Holdings Inc.. (Ingram, Lawrence) |
| Filing 166 MOTION for reconsideration re 162 Order on motion to compel by Bruce J. Sperry. (Attachments: # 1 Exhibit letter from Ingram)(Sperry, Bruce) |
| Filing 165 Minute Entry. Proceedings held before Magistrate Judge Mark A. Pizzo: Discovery Hearing held on 7/16/2008. (digital) (DK) |
| Filing 164 RESPONSE to motion re 149 MOTION to extend time to for Discovery Deadline and Export Report filed by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
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Filing 163
ORDER denying as moot 136 Motion to compel. Signed by Magistrate Judge Mark A. Pizzo on 7/16/2008. (DK)
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Filing 162
ORDER granting 132 Motion to compel re: production from non-party Sperry ; granting 151 Motion to compel re: deposition of non-party Brydebell. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 7/16/2008. (DK)
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| Filing 161 RESPONSE to motion re 149 MOTION to extend time to for Discovery Deadline and Export Report filed by Lincare Holdings Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ingram, Lawrence) |
| Filing 160 MOTION for Law firm of Akerman Senterfitt to withdraw as attorney for Breathe Easy Pulmonary Services, Inc. and Premier Cardio Pulmonary Medical, Inc. and Memorandum of Law by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 159 RESPONSE to motion re 150 MOTION to compel Production of Documents from Defendant Breathe Easy Pulmonary Services, Inc. and Incorporated Memorandum of Law filed by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 158 RESPONSE in opposition re 154 MOTION to compel Production of Documents from Defendant, Lincare, Inc. and Incorporated Memorandum of Law filed by Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ingram, Lawrence) |
| Filing 157 NOTICE of Hearing: Discovery Hearing set for 7/16/2008 at 09:00 AM in Courtroom 11 B before Magistrate Judge Mark A. Pizzo. (DK) |
| Filing 156 RESPONSE in opposition re 145 Emergency MOTION for protective order and Incorporated Memorandum of Law filed by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Affidavit Nathaniel Z. Collins, # 4 Exhibit Kelly Eatman Deposition Excerpts, # 5 Exhibit Dr. Michael Berchelmann Deposition Excerpts, # 6 Exhibit Dr. Steve Smith Deposition Excerpt, # 7 Exhibit Tessa Bellfy Deposition Excerpt, # 8 Exhibit Kim Lee Deposition Excerpt, # 9 Exhibit Gregory Tompkins Deposition Excerpt, # 10 Exhibit Dr. Howard Diener Deposition Excerpt, # 11 Exhibit Dr. Howard Diener Deposition Excerpt, # 12 Exhibit Dr. John Swisher Deposition Excerpt, # 13 Exhibit Jenny Balch Deposition Excerpt, # 14 Exhibit Laura Karasick Deposition Excerpt, # 15 Exhibit Angela Cephas Deposition Excerpt, # 16 Exhibit Deatrice Gaines Deposition Excerpt, # 17 Exhibit Natalie Carpenter Deposition Excerpt)(Darken, Kevin) |
| Filing 155 RESPONSE to motion re 152 Emergency MOTION for protective order Regarding Production Requests by Lincare, Inc. and Incorporated Memorandum of Law filed by Lincare, Inc.. (Alley, Jessica) |
| Filing 154 MOTION to compel Production of Documents from Defendant, Lincare, Inc. by Ben Bane. (Attachments: # 1 Exhibit Assessment/Referral Form, # 2 Exhibit Letter to Dr. Diener, # 3 Exhibit Deposition Excerpt of Kelly Eatman, # 4 Exhibit Deposition Excerpt of Tessa Bellfy, # 5 Exhibit Deposition Excerpt of Kim Lee)(Darken, Kevin) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 153 NOTICE by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc. re 152 Emergency MOTION for protective order Regarding Production Requests by Lincare, Inc. and Incorporated Memorandum of Law (Attachments: # 1 Affidavit of Kimberly A. Johns)(Mathews, Margaret) |
| Filing 152 Emergency MOTION for protective order Regarding Production Requests by Lincare, Inc. and Incorporated Memorandum of Law by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 151 MOTION to compel Compliance with Subpoena Directed to Non-Party Amy Brydebell and Incorporated Memorandum of Law by Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Alley, Jessica) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 150 MOTION to compel Production of Documents from Defendant Breathe Easy Pulmonary Services, Inc. by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Darken, Kevin) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 149 MOTION to extend time to for Discovery Deadline and Expert Report by Ben Bane. (Attachments: # 1 Exhibit Excerpt re Kelly Eatman Deposition, # 2 Exhibit Excerpt re Kare Nieto Deposition, # 3 Exhibit Excerpts re Tessa Bellfy Deposition, # 4 Exhibit Excerpt re Kim Lee Deposition)(Darken, Kevin) Modified on 7/1/2008 scrivener's error. (LDB). |
| Filing 148 REPLY to response to motion re 132 MOTION to compel Compliance with Subpoena Directed to Non-Party Bruce J. Sperry, P.A. and Incorporated Memorandum of Law filed by Bruce J. Sperry. (Sperry, Bruce) |
| Filing 147 RESPONSE in opposition re 139 MOTION for protective order and Incorporated Memorandum of Law filed by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit Excerpts re Dr. Christopher Berchelmann Deposition, # 4 Exhibit Excerpt re Dr. Steve Smith Deposition, # 5 Errata Excerpts re Tessa Bellfy Deposition, # 6 Exhibit Excerpts re Kim Lee Deposition, # 7 Exhibit Excerpts re Kelly Eatman Deposition, # 8 Exhibit Excerpts re Gregory Tompkins Deposition, # 9 Exhibit Excerpts re Dr. Howard Diener Deposition, # 10 Exhibit Excerpt re Dr. Howard Diener Deposition, # 11 Exhibit Excerpt re Dr. John Swisher Deposition, # 12 Exhibit Excerpt re Jenny Balch Deposition, # 13 Exhibit Excerpts re Laura Karasick Deposition, # 14 Exhibit Excerpt re Angela Cephas Deposition, # 15 Exhibit Excerpts re Deatrice Gaines Deposition, # 16 Exhibit Excerpt re Natalie Carpenter Deposition)(Darken, Kevin) |
| Filing 146 NOTICE by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc. re 145 Emergency MOTION for protective order and Incorporated Memorandum of Law (Attachments: # 1 Affidavit Kimberly A. Johns)(Mathews, Margaret) |
| Filing 145 Emergency MOTION for protective order and Incorporated Memorandum of Law by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 144 RESPONSE re 142 Objection to Subpoena for Documents and Motion for Protective Order filed by Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Alley, Jessica) |
| Filing 143 MEDIATION REPORT Hearing held on June 25, 2008 Hearing outcome: impasse(Betts, James) |
| Filing 142 OBJECTION re 139 MOTION for protective order and Incorporated Memorandum of Law and Subpoena for Documents filed by Amy Brydevell. (Wilson, Courtney) Modified on 6/27/2008 to include filer. (LDB). |
| Filing 141 *DOCUMENT TERMINATED* OBJECTION re 139 MOTION for protective order and Incorporated Memorandum of Law and Subpoena for Documents. (Wilson, Courtney) NOTE: DOCUMENT SCANNED UP SIDE DOWN; COUNSEL NOTIFIED TO RE-FILE. Modified on 6/26/2008 (LDB). |
| Filing 140 RESPONSE to motion re 136 MOTION to compel and Incorporated Memorandum of Law filed by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Darken, Kevin) |
| Filing 139 MOTION for protective order and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit Composite Exhibit A)(Alley, Jessica) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 138 RESPONSE in opposition re 136 MOTION to compel and Incorporated Memorandum of Law filed by Bruce J. Sperry. (Attachments: # 1 Exhibit Attacnment "A", # 2 Exhibit Attachment "B", # 3 Exhibit Attachment "C")(Sperry, Bruce) |
| Filing 137 RESPONSE to motion re 132 MOTION to compel Compliance with Subpoena Directed to Non-Party Bruce J. Sperry, P.A. and Incorporated Memorandum of Law filed by Bruce J. Sperry. (Attachments: # 1 Exhibit)(APV) |
| Filing 136 MOTION to compel and Incorporated Memorandum of Law by Lincare, Inc.. (Attachments: # 1 Exhibit A)(Ingram, Lawrence) Motions referred to Magistrate Judge Mark A. Pizzo. |
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Filing 135
ENDORSED ORDER granting 133 Joint Motion for leave to take more than 10 depositions. Signed by Magistrate Judge Mark A. Pizzo on 6/5/2008. (DK)
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| Filing 134 STIPULATION re 133 Joint MOTION for Leave to Take More Than 10 Depositions and Incorporated Memorandum of Law filed by Ben Bane and the Lincare Defendants by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 133 Joint MOTION for Leave to Take More Than 10 Depositions and Incorporated Memorandum of Law by Ben Bane. (Darken, Kevin) |
| Filing 132 MOTION to compel Compliance with Subpoena Directed to Non-Party Bruce J. Sperry, P.A. and Incorporated Memorandum of Law by Lincare, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Alley, Jessica) Motions referred to Magistrate Judge Mark A. Pizzo. |
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Filing 131
ENDORSED ORDER granting 129 Motion to extend time until 6/12/08; granting 130 Motion to extend time until 6/13/08. Signed by Judge Susan C Bucklew on 5/29/2008. (JD)
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| Filing 130 Unopposed MOTION to extend time to Provide Expert Disclosures by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Evans, Hallie) |
| Filing 129 Unopposed MOTION to extend time to Produce Expert Disclosures by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
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Filing 128
ENDORSED ORDER denying as moot 107 Motion to quash. Counsel for the movant has notified the Court that the parties have resolved the issues identified in the motion. The hearing scheduled on May 15, 2008, at 10:30 a.m. regarding this motion is cancelled. Signed by Magistrate Judge Mark A. Pizzo on 5/12/2008. (JMF)
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| Filing 127 NOTICE of Hearing: re: 107 MOTION to quash or Modify Subpoena Issued by Relator to Third Party, First Coast set for 5/15/2008 at 10:30 AM in Courtroom 11 B before Magistrate Judge Mark A. Pizzo. (DK) |
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Filing 126
ORDER denying without prejudice 110 Motion for protective order re: Relator's First, Second, Third, and Fourth Requests for Production. Signed by Magistrate Judge Mark A. Pizzo on 5/7/2008. (DK)
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Filing 125
ORDER granting 123 Motion for protective order re: First Coast Service Options, Inc. and Ben Bane. Signed by Magistrate Judge Mark A. Pizzo on 5/7/2008. (DK)
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Filing 124
ORDER denying as moot 115 Motion for protective order re: Dr. Howard Diener's subpoena duce tecum. Counsel advised the Court that the parties have reached an agreement and that the motion is moot.. Signed by Magistrate Judge Mark A. Pizzo on 5/2/2008. (DK)
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| Filing 123 Consent MOTION for protective order For a Privacy Act Protective Order by First Coast Service Options, Inc.. (Abel, Michael) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 122 RESPONSE to motion re 110 MOTION for protective order filed by Ben Bane. (Darken, Kevin) |
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Filing 121
ORDER granting 117 Confidentiality Agreement and Stipulation for Protetive Order. Protective order entered. Signed by Magistrate Judge Mark A. Pizzo on 5/1/2008. (DK)
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Filing 120
ORDER granting 114 Motion to extend time to respond to request for production through May 1, 2008. Signed by Magistrate Judge Mark A. Pizzo on 5/1/2008. (DK)
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| Filing 119 RESPONSE to motion re 114 MOTION to extend time to Respond to Request for Production filed by Ben Bane. (Darken, Kevin) |
| Filing 118 ***DOCUMENT TERMINATED***RESPONSE in opposition re 110 MOTION for protective order filed by Ben Bane. (Darken, Kevin) (ERROR: filed in wrong case; counsel called the clerk's office and has re-file the correct document at entry no. 119 ; image removed for quality check purposes) Modified on 5/1/2008 (AG). |
| Filing 117 MOTION for protective order Confidentiality Agreement & Stipulation for Protective Order by Ben Bane, Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc., Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 116 RESPONSE in opposition re 107 MOTION to quash or Modify Subpoena Issued by Relator to Third Party, First Coast filed by Ben Bane. (Darken, Kevin) |
| Filing 115 First MOTION expert witness fee by Howard D. Diener, MD. (Marchbank, Ralph) |
| Filing 114 MOTION to extend time to Respond to Request for Production by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
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Filing 113
ENDORSED ORDER granting 112 Motion for Extension of Time to File Response/Reply re 112 Unopposed MOTION for Extension of Time to File Response/Reply Defendants Premier Cardio and Breathe Easy's Motin to Quash or Modify Subpoean to First Coast Responses due by 4/21/2008. Signed by Magistrate Judge Mark A. Pizzo on 4/18/2008. (JMF)
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| Filing 112 Unopposed MOTION for Extension of Time to File Response/Reply Defendants Premier Cardio and Breathe Easy's Motin to Quash or Modify Subpoean to First Coast by Ben Bane. (Darken, Kevin) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 111 NOTICE by Lincare Holdings Inc., Lincare, Inc. re 110 MOTION for protective order (Attachments: # 1 Affidavit Affidavit of Paul W. Tripp)(Ingram, Lawrence) |
| Filing 110 MOTION for protective order by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit Relator's First Request for Production to Defendants Lincare, # 2 Exhibit Relator's Second Request for Production to Defendants Lincare, # 3 Exhibit Relator's Third Request for Production to Defendants Lincare, # 4 Exhibit Relator's Fourth Request for Production to Defendants Lincare)(Ingram, Lawrence) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 109 RESPONSE in opposition re 106 MOTION for leave to file Third Amended Complaint filed by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A)(Alley, Jessica) |
| Filing 108 RESPONSE in opposition re 106 MOTION for leave to file Third Amended Complaint filed by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Evans, Hallie) |
| Filing 107 MOTION to quash or Modify Subpoena Issued by Relator to Third Party, First Coast by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Attachments: # 1 Exhibit A)(Evans, Hallie) |
| Filing 106 MOTION for leave to file Second Amended Complaint by Ben Bane. (Darken, Kevin) Modified on 4/1/2008 as to text only (LDB). |
| Filing 105 NOTICE of Appearance by Hallie Smith Evans on behalf of Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc. (Evans, Hallie) |
| Filing 104 CERTIFICATE of interested persons and corporate disclosure statement Rule 7.1 Disclosure Statement by Lincare Holdings Inc., Lincare, Inc.. (Alley, Jessica) |
| Filing 103 NOTICE of mediation to be held on June 25, 2008 @ 9:00 a.m. before James R. Betts. (Darken, Kevin) |
| Filing 102 NOTICE of Appearance by Jessica Kirkwood Alley on behalf of Lincare Holdings Inc., Lincare, Inc. (Alley, Jessica) |
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Filing 101
ENDORSED ORDER re 100 Scheduling Order: This case is set for a jury trial during the weeks of January 5, 12, 19, and 26, 2009. Signed by Judge Susan C Bucklew on 2/29/2008. (JD)
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Filing 100
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/1/2008, Conduct mediation hearing by 7/14/2008. Lead counsel to coordinate dates. Dispositive motions due by 8/1/2008, Pretrial Conference set for 12/16/2008 at 08:30 AM in Courtroom 14 A before Judge Susan C Bucklew. This case is set for a jury trial on the Court's January 2009 trial calendar. Signed by Judge Susan C Bucklew on 2/25/2008. (JD)
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Filing 99
ORDER granting 93 , 97 Motions to modify the scheduling order. The Court will issue an amended scheduling order. Signed by Judge Susan C Bucklew on 2/25/2008. (JD)
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| Filing 98 RESPONSE in opposition re 97 Emergency MOTION to stay Deadline for Dispositive Motions filed by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
| Filing 97 Emergency MOTION to stay Deadline for Dispositive Motions by Ben Bane. (Darken, Kevin) |
| Filing 96 MEDIATION REPORT Hearing held on 02/20/2008 Hearing outcome: Impasse(Daisley, Robert) |
| Filing 95 ANSWER and affirmative defenses to 35 Amended complaint by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc..(Mathews, Margaret) |
| Filing 94 MEMORANDUM in opposition re 93 Motion to amend/correct filed by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
| Filing 93 MOTION to amend/correct Case Management Order by Ben Bane. (Darken, Kevin) |
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Filing 92
ENDORSED ORDER granting 90 motion to change mediation date to 2/20/08. Signed by Judge Susan C Bucklew on 2/15/2008. (JD)
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| Filing 91 ANSWER and affirmative defenses to 35 Amended complaint by Lincare Holdings Inc., Lincare, Inc..(Ingram, Lawrence) |
| Filing 90 Unopposed MOTION to amend/correct Extend Mediation Deadline by Ben Bane. (Darken, Kevin) |
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Filing 89
ENDORSED ORDER granting 88 Motion to extend time until 2/19/08 to conduct mediation. Signed by Judge Susan C Bucklew on 2/13/2008. (JD)
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| Filing 88 Unopposed MOTION to extend time to February 19, 2008 for Mediation by Ben Bane. (Attachments: # 1 Text of Proposed Order)(Darken, Kevin) |
| Filing 87 NOTICE of mediation to be held on February 14, 2008 at 9:00 a.m. before James R. Betts. (Darken, Kevin) |
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Filing 86
ORDER granting in part and denying in part 38 , 39 Motions to dismiss; adopting in part Report and Recommendations; denying 68 Motion for leave to file amended complaint; denying 83 Motion to postpone mediation; overruling 79 Objection to order on motion to disqualify. Signed by Judge Susan C Bucklew on 2/5/2008. (JD)
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| Filing 85 RESPONSE re 79 Objection by Ben Bane. (Darken, Kevin) |
| Filing 84 RESPONSE re 81 Objection,, by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Darken, Kevin) |
| Filing 83 Unopposed MOTION To Postpone Mediation Deadline by Ben Bane. (Darken, Kevin) |
| Filing 82 RESPONSE in opposition re 68 MOTION for leave to file to File Third Amended Complaint filed by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 81 OBJECTION re 65 REPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated MeREPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated Me. (Mathews, Margaret) |
| Filing 80 RESPONSE in opposition re 68 MOTION for leave to file to File Third Amended Complaint filed by Lincare Holdings Inc.. (Attachments: # 1 Exhibit A)(Land, Jolee) |
| Filing 79 OBJECTION re 63 Order on motion to disqualify. (Land, Jolee) |
| Filing 78 NOTICE by Lincare Holdings Inc. re 77 Objection,, Notice of Filing Transcript (Attachments: # 1 Transcript Part 1, # 2 Transcript Part 2)(Land, Jolee) |
| Filing 77 OBJECTION re 65 REPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated MeREPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated Me. (Land, Jolee) |
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Filing 76
ENDORSED ORDER that the mediation deadline in this case is 2/15/08. Plaintiff is directed to file a notice by 1/4/08 that informs the Court of the date of the parties' mediation and the mediator that the parties have selected. Signed by Judge Susan C Bucklew on 12/21/2007. (JD)
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Filing 75
ENDORSED ORDER granting 73 Motion for Extension of Time to File objections to the Report and Recommendation and responses thereto; granting 74 Motion for Extension of Time to File Response to motion to amend. Signed by Judge Susan C Bucklew on 12/14/2007. (JD)
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| Filing 74 MOTION for Extension of Time to File Response/Reply as to 68 MOTION for leave to file to File Third Amended Complaint by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 73 MOTION for Extension of Time to File Response/Reply as to 65 REPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated MeREPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated Me by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) Motions referred to Magistrate Judge Mark A. Pizzo. |
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Filing 72
ENDORSED ORDER granting 70 Motion to extend time until 12/28/07 to respond to motion for leave to amend; granting 71 Motion to extend time until 12/28/07 to file objections to the Report & Recommendation and extending the deadline for a response to objections to 1/15/08. Signed by Judge Susan C Bucklew on 12/13/2007. (JD)
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| Filing 71 Joint MOTION to extend time to file objections, and responses to objections, to Magistrate's Report and Recommendation by Lincare, Inc.. (Land, Jolee) |
| Filing 70 MOTION to extend time to respond to Plaintiff's motion for leave to file third amended complaint by Lincare, Inc.. (Land, Jolee) |
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Filing 69
ENDORSED ORDER granting 67 Motion to withdraw 62 Notice of Intent to File Motion for Leave to Amend. Signed by Judge Susan C Bucklew on 12/6/2007. (JD)
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| Filing 68 MOTION for leave to file to File Third Amended Complaint by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Exhibits 1-7 to Third Amended Complaint, # 3 Exhibit 3 - Exhibits 8-10 to Third Amended Complaint, # 4 Exhibit 4 - Exhibits 11-14 to Third Amended Complaint, # 5 Exhibit 5 - Exhibits 15A-D to Third Amended Complaint, # 6 Exhibit 6 - Exhibits 16A-J to Third Amended Complaint, # 7 Exhibit 7 - Exhibits 17A-H to Third Amended Complaint, # 8 Exhibit 8 - Exhibits 18A-G to Third Amended Complaint, # 9 Exhibit 9 - Exhibits 19A-D to Third Amended Complaint, # 10 Exhibit 10 - Exhibits 20A-H to Third Amended Complaint, # 11 Exhibit 11 - Exhibits 21A-B to Third Amended Complaint)(Darken, Kevin) |
| Filing 67 Unopposed MOTION to withdraw Notice of Intent to File Motion for Leave to File Third Amended Complaint by Ben Bane. (Darken, Kevin) |
| Filing 66 MOTION for leave to file for Leave to File Third Amended Co by Ben Bane. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Exhibits 1-7 to Third Amended Complaint, # 3 Exhibit 3 - Exhibits 8-10 to Third Amended Complaint, # 4 Exhibit 4 - Exhibits 11-4 to Third Amended Complaint, # 5 Exhibit 5 - Exhibits 15a-d to Third Amended Complaint, # 6 Exhibit 6 - Exhibit 16A-J to Third Amended Complaint, # 7 Exhibit 7 - Exhibits 17a-h to Third Amended Complaint, # 8 Exhibit 8 - Exhibits 18A-G to Third Amended Complaint, # 9 Exhibit 9 - Exhibits 19A-D to Third Amended Complaint, # 10 Exhibit 10 - Exhibits 20A-H to Third Amended Complaint, # 11 Errata 10 - Exhibits 21A-D to Third Amended Complaint)(Darken, Kevin) NOTE: WRONG DOCUMENT ATTACHED; COUNSEL NOTIFIED BY CHAMBERS, COUNSEL WILL RE-FILE. Modified on 12/6/2007 (AG). |
| Filing 65 REPORT AND RECOMMENDATION re 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law filed by Lincare, Inc., Lincare Holdings Inc., 39 MOTION to dismiss Second Amended Complaint and Incorporated Memorandum of Law filed by Premier Cardio Pulmonary Medical, Inc., Breathe Easy Pulmonary Services, Inc.. Signed by Magistrate Judge Mark A. Pizzo on 11/30/2007. (DK) |
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Filing 64
ENDORSED ORDER denying 42 Motion for leave to file a reply to relator's response in opposition to motion to dismiss. Signed by Magistrate Judge Mark A. Pizzo on 11/30/2007. (DK)
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Filing 63
ORDER denying 46 Motion to disqualify. Signed by Magistrate Judge Mark A. Pizzo on 11/30/2007. (DK)
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| Filing 62 NOTICE by Ben Bane Intent to File Motion for Leave to Amend (Attachments: # 1 Exhibit 1 Third Amended Complaint, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Errata 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Darken, Kevin) |
| Filing 61 NOTICE of exhibits placed in the exhibit room (1 envelope - motion hearing) (JLH) |
| Filing 60 MINUTE ENTRY for proceedings held before Judge Mark A. Pizzo : Motion Hearing held on 11/1/2007 re 46 MOTION to disqualify Plaintiff's Counsel,[38 and 39] MOTIONs to dismiss Plaintiff's Second Amended Complaint (digital) Court Reporter: Berryhill & Assoc. (Attachments: # 1 Exhibit list) (DK) |
| Filing 59 NOTICE by Lincare Holdings Inc., Lincare, Inc. of Filing Sealed Materials (Ingram, Lawrence) |
| Filing 58 NOTICE by Lincare Holdings Inc., Lincare, Inc. of Filing Affidavits (Ingram, Lawrence) |
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Filing 57
ENDORSED ORDER granting 55 Motion for leave to file reply affidavits. Signed by Judge Mark A. Pizzo on 10/31/2007. (MTT)
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Filing 56
ENDORSED ORDER granting 47 Motion to seal. Signed by Judge Mark A. Pizzo on 10/31/2007. (MTT)
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| Filing 55 Unopposed MOTION for leave to file Reply Affidavits to Relator's Response in Opposition to Motion to Disqualify by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
| Filing 54 RESPONSE to motion re 47 MOTION for leave to file under seal Pursuant to Rule 6(e)(6) Federal Rules of Criminal Procedure and Motion for In Camera Review of Sealed Materials and Incorporated Memorandum of Law MOTION for leave to file under seal Pursuant to Rule 6(e)(6) Federal Rules of Criminal Procedure and Motion for In Camera Review of Sealed Materials and Incorporated Memorandum of Law filed by Ben Bane. (Darken, Kevin) |
| Filing 53 RESPONSE in opposition re 48 MOTION to stay Proceedings and Incorporated Memorandum of Law filed by Ben Bane. (Darken, Kevin) |
| Filing 52 RESPONSE in opposition re 47 MOTION for leave to file under seal Pursuant to Rule 6(e)(6) Federal Rules of Criminal Procedure and Motion for In Camera Review of Sealed Materials and Incorporated Memorandum of Law MOTION for leave to file under seal Pursuant to Rule 6(e)(6) Federal Rules of Criminal Procedure and Motion for In Camera Review of Sealed Materials and Incorporated Memorandum of Law filed by Ben Bane. (Darken, Kevin) NOTE: RESPONSE TERMINATED COUNSEL REFILED 54 . Modified on 10/26/2007 (ldb). |
| Filing 51 RESPONSE in opposition re 46 MOTION to disqualify Plaintiff's Counsel and Incorporated Memorandum of Law filed by Ben Bane. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Darken, Kevin) |
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Filing 50
ENDORSED ORDER cancelling the hearing scheduled for October 24, 2007, and rescheduling the hearing for November 1, 2007 at 9:30 a.m. in Courtroom 11B. Counsel shall be prepared to address the pending motions to dismiss second amended complaint (docs. 38 & 39), motion to disqualify Kevin Darken (doc. 46), and motion to seal (doc. 47). Counsel for Plaintiff is directed to file responses to the motions to disqualify and to seal on or before October 25, 2007. Signed by Judge Mark A. Pizzo on 10/19/2007. (DK)
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Filing 49
ENDORSED ORDER denying 48 Motion to stay. Signed by Judge Susan C Bucklew on 10/17/2007. (jd, )
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| Filing 48 MOTION to stay Proceedings and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
| Filing 47 MOTION for leave to file under seal Pursuant to Rule 6(e)(6) Federal Rules of Criminal Procedure and Motion for In Camera Review of Sealed Materials and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
| Filing 46 MOTION to disqualify Plaintiff's Counsel and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit C)(Ingram, Lawrence) |
| Filing 45 NOTICE of Hearing: Hearing on motions to dismiss second amended complaint set for 10/24/2007 at09:30 AM in Courtroom 11 B before Magistrate Judge Mark A. Pizzo. (DK) |
| Filing 44 NOTICE of unavailability of counsel byLincare Holdings Inc., Lincare, Inc. from December 17, 2007 to December 26, 2007. (Ingram, Lawrence) |
| Filing 43 RESPONSE in opposition re 42 MOTION for leave to file Reply to Relator's Response in Opposition to Motion to Dismiss Second Amended Complaint filed by Ben Bane. (Darken, Kevin) |
| Filing 42 MOTION for leave to file Reply to Relator's Response in Opposition to Motion to Dismiss Second Amended Complaint by Lincare Holdings Inc., Lincare, Inc.. (Ingram, Lawrence) |
| Filing 41 RESPONSE in opposition re 39 MOTION to dismiss Second Amended Complaint and Incorporated Memorandum of Law filed by Ben Bane. (Attachments: # 1 Affidavit Ben Bane)(Darken, Kevin) |
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Filing 40
ORDER referring motions for report and recommendation: 38 , 39 MOTIONS to dismiss Second Amended Complaint. Signed by Judge Susan C Bucklew on 8/8/2007. (jd, ) Motions referred to Mark A. Pizzo.
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| Filing 39 MOTION to dismiss Second Amended Complaint and Incorporated Memorandum of Law by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 38 MOTION to dismiss Plaintiff's Second Amended Complaint and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit A (cont'd))(Ingram, Lawrence) |
| Filing 37 NOTICE by Ben Bane re 35 Amended complaint Notice of Filing Exhibits to Second Amended Complaint (Attachments: # 1 Exhibit Exhibit 1 to Second Amended Complaint# 2 Exhibit Exhibit 2 to Second Amended Complaint# 3 Exhibit Exhibit 3 to Second Amended Complaint# 4 Exhibit Exhibit 4 to Second Amended Complaint# 5 Exhibit Exhibit 5 to Second Amended Complaint# 6 Exhibit Exhibit 6 to Second Amended Complaint# 7 Exhibit Exhibit 7A to Second Amended Complaint# 8 Exhibit Exhibit 7B to Second Amended Complaint# 9 Exhibit Exhibit 7C to Second Amended Complaint# 10 Exhibit Exhibit 7D to Second Amended Complaint# 11 Exhibit Exhibit 8A to Second Amended Complaint# 12 Exhibit Exhibit 8B to Second Amended Complaint# 13 Exhibit Exhibit 8C to Second Amended Complaint# 14 Exhibit Exhibit 8D to Second Amended Complaint# 15 Exhibit Exhibit 8E to Second Amended Complaint# 16 Exhibit Exhibit 8F to Second Amended Complaint# 17 Exhibit Exhibit 8G to Second Amended Complaint# 18 Exhibit Exhibit 8H to Second Amended Complaint# 19 Exhibit Exhibit 8I to Second Amended Complaint# 20 Exhibit Exhibit 8J to Second Amended Complaint# 21 Exhibit Exhibit 9A to Second Amended Complaint# 22 Exhibit Exhibit 9B to Second Amended Complaint# 23 Exhibit Exhibit 9C to Second Amended Complaint# 24 Exhibit Exhibit 9D to Second Amended Complaint# 25 Exhibit Exhibit 9E to Second Amended Complaint# 26 Exhibit Exhibit 9F to Second Amended Complaint# 27 Exhibit Exhibit 9G to Second Amended Complaint# 28 Exhibit Exhibit 9H to Second Amended Complaint# 29 Exhibit Exhibit 10A to Second Amended Complaint# 30 Exhibit Exhibit 10B to Second Amended Complaint# 31 Exhibit Exhibit 10C to Second Amended Complaint# 32 Exhibit Exhibit 10D to Second Amended Complaint# 33 Exhibit Exhibit 10E to Second Amended Complaint# 34 Exhibit Exhibit 10F to Second Amended Complaint# 35 Exhibit Exhibit 10G to Second Amended Complaint# 36 Exhibit Exhibit 11A to Second Amended Complaint# 37 Exhibit Exhibit 11B to Second Amended Complaint# 38 Exhibit Exhibit 11C to Second Amended Complaint# 39 Exhibit Exhibit 11D to Second Amended Complaint# 40 Exhibit Exhibit 12A to Second Amended Complaint# 41 Exhibit Exhibit 12B to Second Amended Complaint# 42 Exhibit Exhibit 12C to Second Amended Complaint# 43 Exhibit Exhibit 12D to Second Amended Complaint# 44 Exhibit Exhibit 12E to Second Amended Complaint# 45 Exhibit Exhibit 12F to Second Amended Complaint# 46 Exhibit Exhibit 12G to Second Amended Complaint# 47 Exhibit Exhibit 12H to Second Amended Complaint# 48 Exhibit Exhibit 13A to Second Amended Complaint# 49 Exhibit Exhibit 13B to Second Amended Complaint)(Darken, Kevin) |
| Filing 36 NOTICE by Ben Bane re 35 Amended complaint (Notice of Filing Second Amended Complaint) (Darken, Kevin) |
| Filing 35 AMENDED COMPLAINT (Second) against all defendants with Jury Demand filed by Ben Bane. Related document: 11 Amended complaint, filed by Ben Bane.(Darken, Kevin) |
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Filing 34
ORDER denying as moot 25 Motion to dismiss; denying as moot 26 Motion to dismiss; granting 32 Motion for leave to file second amended complaint by 7/17/07. Signed by Judge Susan C Bucklew on 7/10/2007. (jd, )
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| Filing 33 NOTICE of pendency of related cases re 8:06-cv-0467-T-30EAJ order of compliance to Local Rule by Ben Bane Related case(s): yes (Darken, Kevin) |
| Filing 32 MOTION for leave to file to File Second Amended Complaint by Ben Bane. (Attachments: # 1 Exhibit Second Amended Complaint# 2 Exhibit 1 to Second Amended Complaint# 3 Exhibit 2 to Second Amended Complaint# 4 Exhibit 3 to Second Amended Complaint# Exhibit 4 to Second Amended Complaint# 6 Exhibit 5 to Second Amended Complaint# 7 Exhibit 6 to Second Amended Complaint# 8 Exhibit 7-A to Second Amended Complaint# 9 Exhibit 7-B to Second Amended Complaint# 10 Exhibit 7-C to Second Amended Complaint# 11 Exhibit 7-D to Second Amended Complaint# 12 Exhibit 8-A to Second Amended Complaint# 13 Exhibit 8-B to Second Amended Complaint# 14 Exhibit 8-C to Second Amended Complaint# 15 Exhibit 8-C to Second Amended Complaint# 16 Exhibit 8-D to Second Amended Complaint# 17 Exhibit 8-E to Second Amended Complaint# 18 Exhibit 8-F to Second Amended Complaint# 19 Exhibit 8-G to Second Amended Complaint# 20 Exhibit 8-H to Second Amended Complaint# 21 Exhibit 8-I to Second Amended Complaint# 22 Exhibit 8-J tp Second Amended Complaint# 23 Exhibit 9-A to Second Amended Complaint# 24 Exhibit 9-B to Second Amended Complaint# 25 Exhibit 9-C to Second Amended Complaint# 26 Exhibit 9-D to Second Amended Complaint# 27 Exhibit 9-E to Second Amended Complaint# 28 Exhibit 9-F to Second Amended Complaint# 29 Exhibit 9-G to Second Amended Complaint# 30 Exhibit 9-H to Second Amended Complaint# 31 Exhibit 10-A to Second Amended Complaint# 32 Exhibit 10-B to Second Amended Complaint# 33 Exhibit 10-C to Second Amended Complaint# 34 Exhibit 10-D to Second Amended Complaint# 35 Exhibit 10-E to Second Amended Complaint# 36 Exhibit 10-F to Second Amended Complaint# 37 Exhibit 10-G to Second Amended Complaint# 38 Exhibit 11-A to Second Amended Complaint# 39 Exhibit 11-B to Second Amended Complaint# 40 Exhibit 11-C to Second Amended Complaint# 41 Exhibit 11-D to Second Amended Complaint# 42 Exhibit 12-A to Second Amended Complaint# 43 Exhibit 12-B to Second Amended Complaint# 44 Exhibit 12-C to Second Amended Complaint# 45 Exhibit 12-D to Second Amended Complaint# 46 Exhibit 12-E to Second Amended Complaint# 47 Exhibit 12-F to Second Amended Complaint# 48 Exhibit 12-G to Second Amended Complaint# 49 Exhibit 12-H to Second Amended Complaint# 50 Exhibit 13-A to Second Amended Complaint# 51 Exhibit 13-B to Second Amended Complaint)(Darken, Kevin) Additional attachment(s) added on 6/19/2007 *Exhibit 4 to Amended Complaint (per instructions from counsel and chambers document is not to be redacted)(cda). Modified on 6/19/2007 (cda). |
| Filing 31 NOTICE by Ben Bane (Attachments: # 1 Exhibit Motion for Leave to File Second Amended Complaint# 2 Exhibit Second Amended Complaint# 3 Exhibit Exhibit 1 to Second Amended Complaint# 4 Exhibit Exhibit 2 to Second Amended Complaint# 5 Exhibit Exhibit 3 to Second Amended Complaint# Exhibit Exhibit 4 to Second Amended Complaint# 7 Exhibit Exhibit 5 to Second Amended Complaint# 8 Exhibit Exhibit 6 to Second Amended Complaint# 9 Exhibit Exhibit 7-A to Second Amended Complaint# 10 Exhibit Exhibit 7-B to Second Amended Complaint# 11 Exhibit Exhibit 7-C to Second Amended Complaint# 12 Exhibit Exhibit 7-D to Second Amended Complaint# 13 Exhibit Exhibit 8-A to Second Amended Complaint# 14 Exhibit Exhibit 8-B to Second Amended Complaint# 15 Exhibit Exhibit 8-C to Second Amended Complaint# 16 Exhibit Exhibit 8-D to Second Amended Complaint# 17 Exhibit Exhibit 8-E to Second Amended Complaint# 18 Exhibit Exhibit 8-F to Second Amended Complaint# 19 Exhibit Exhibit 8-G to Second Amended Complaint# 20 Exhibit Exhibit 8-H to Second Amended Complaint# 21 Exhibit Exhibit 8-I to Second Amended Complaint# 22 Exhibit Exhibit 8-J to Second Amended Complaint# 23 Exhibit Exhibit 9-A to Second Amended Complaint# 24 Exhibit Exhibit 9-B to Second Amended Complaint# 25 Exhibit Exhibit 9-C to Second Amended Complaint# 26 Exhibit Exhibit 9-D to Second Amended Complaint# 27 Exhibit Exhibit 9-E to Second Amended Complaint# 28 Exhibit Exhibit 9-F to Second Amended Complaint# 29 Exhibit Exhibit 9-G to Second Amended Complaint# 30 Exhibit Exhibit 9-H to Second Amended Complaint# 31 Exhibit Exhibit 10-A to Second Amended Complaint# 32 Exhibit Exhibit 10-B to Second Amended Complaint# 33 Exhibit Exhibit 10-C to Second Amended Complaint# 34 Exhibit Exhibit 10-D to Second Amended Complaint# 35 Exhibit Exhibit 10-E to Second Amended Complaint# 36 Exhibit Exhibit 10-F to Second Amended Complaint# 37 Exhibit Exhibit 10-G to Second Amended Complaint# 38 Exhibit Exhibit 11-A to Second Amended Complaint# 39 Exhibit Exhibit 11-B to Second Amended Complaint# 40 Exhibit Exhibit 11-C to Second Amended Complaint# 41 Exhibit Exhibit 11-D to Second Amended Complaint# 42 Exhibit Exhibit 12-A to Second Amended Complaint# 43 Exhibit Exhibit 12-B to Second Amended Complaint# 44 Exhibit Exhibit 12-C to Second Amended Complaint# 45 Exhibit Exhibit 12-D to Second Amended Complaint# 46 Exhibit Exhibit 12-E to Second Amended Complaint# 47 Exhibit Exhibit 12-F to Second Amended Complaint# 48 Exhibit Exhibit 12-G to Second Amended Complaint# 49 Exhibit Exhibit 12-H to Second Amended Complaint# 50 Exhibit Exhibit 13-A to Second Amended Complaint# 51 Exhibit Exhibit 13-B to Second Amended Complaint)(Darken, Kevin) Additional attachment(s) added on 6/19/2007 *Exhibit 4 to Amended Complaint (per instructions from counsel and chambers document is not to be redacted) (cda). Modified on 6/19/2007 (cda). |
| Filing 30 RESPONSE to motion re 26 MOTION to dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law filed by Ben Bane. (Darken, Kevin) |
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Filing 29
ENDORSED ORDER granting 28 Motion for Extension of Time to File Response re 25 , 26 MOTIONS to dismiss. Plaintiff's response is due by 6/11/2007. Signed by Judge Susan C Bucklew on 5/9/2007. (jd, )
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION to dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law, 25 MOTION to dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law by Ben Bane. (Darken, Kevin) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 27 NOTICE of Appearance by Kevin J. Darken on behalf of Ben Bane (Darken, Kevin) |
| Filing 26 MOTION to dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 25 MOTION to dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law by Lincare, Inc.. (Land, Jolee) |
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/1/2008, Dispositive motions due by 3/3/2008, Pretrial Conference set for 7/15/2008 at 08:30 AM in Courtroom 14 A before Judge Susan C Bucklew, Conduct mediation hearing by 2/15/2008. Lead counsel to coordinate dates. This case is set for a jury trial on the Court's August 2008 trial calendar. Signed by Judge Susan C Bucklew on 4/4/2007. (jd, )
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Filing 23
ENDORSED ORDER granting 22 Motion to withdraw as attorney. The Clerk is directed to terminate Elaine Stromgren from the docket sheet. Signed by Judge Susan C Bucklew on 3/30/2007. (jd, )
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| Filing 22 MOTION for Elaine Stromgren to withdraw as attorney by Ben Bane. (Stromgren, Elaine) Modified on 4/2/2007, notified counsel re: email (eec ). |
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Filing 21
ORDER granting 20 Motion to withdraw as attorney. Plaintiff shall have until April 20, 2007 to obtain new counsel, or else he will be considered as proceeding pro se. The Court stays all deadlines in this case by twenty days. The Clerk is directed to terminate Gregory Kehoe and Michael Stanton from the docket sheet. Signed by Judge Susan C Bucklew on 3/30/2007. (jd, )
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| Filing 20 MOTION for Gregory Kehoe and Michael Stanton to withdraw as attorney and incorporated memorandum of law by Ben Bane. (Stanton, Michael) |
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Filing 19
ENDORSED ORDER granting 17 Motion for extension of time to respond to the complaint until 4/2/07. Signed by Judge Susan C Bucklew on 3/16/2007. (jd, )
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re 15 filed by Ben Bane. (Stanton, Michael) |
| Filing 17 Unopposed MOTION for extension of time to file answer or otherwise plead re 11 Amended complaint, by Lincare, Inc.. (Ingram, Lawrence) Motions referred to Magistrate Judge Mark A. Pizzo. |
| Filing 16 CASE MANAGEMENT REPORT. (Stanton, Michael) |
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Filing 15
ENDORSED ORDER TO SHOW CAUSE as to Ben Bane: Plaintiff is directed to show cause by a written response filed on or before 3/19/07 why this case should not be dismissed pursuant to Local Rule 3.10 for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by Local Rule 3.05. Failure to respond shall result in this action being dismissed without further notice. Signed by Judge Susan C Bucklew on 3/9/2007. (jd, )
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| Filing 14 NOTICE of designation under Local Rule 3.05 - track 2 with Notice of Expected Deadlines and Case Management Report made a part herein. Signed by Judge Susan C Bucklew on 3/8/2007. (ls ) |
| Filing 13 NOTICE of Appearance by Liben M Amedie on behalf of Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc. (Amedie, Liben) |
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Filing 12
ENDORSED ORDER denying as moot 8 , 10 Motions to dismiss due to the filing of the amended complaint. Signed by Judge Susan C Bucklew on 3/5/2007. (jd, )
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| Filing 11 AMENDED COMPLAINT against all defendants with Jury Demand filed by Ben Bane. Related document: 1 Complaint filed by Ben Bane. (Attachments: # 1 Exhibit A - 02 Assessment Referral Form# 2 Exhibit B - Respiratory Clinical Evaluation# 3 Exhibit C - Medicare Part B - Assigned Claims)(Kehoe, Gregory) |
| Filing 10 MOTION to dismiss Plaintiff's Complaint and Incorporated Memorandum of Law by Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc.. (Mathews, Margaret) |
| Filing 9 MEMORANDUM in opposition re 8 Motion to dismiss by Lincare filed by Ben Bane. (Kehoe, Gregory) |
| Filing 8 MOTION to dismiss Complaint and Incorporated Memorandum of Law by Lincare Holdings Inc., Lincare, Inc.. (Land, Jolee) Modified on 12/22/2006, notified counsel re: email (eec ). |
| Filing 7 Summons issued as to Breathe Easy Pulmonary Services, Inc. (eec ) |
| Filing 6 Summons issued as to Lincare Holdings Inc. (eec ) |
| Filing 5 Summons issued as to Premier Cardio Pulmonary Medical, Inc. (eec ) |
| Filing 4 Summons issued as to Lincare, Inc. (eec ) |
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Filing 3
ORDER directing to unseal the complaint, notice of election to decline intervention, and this order; See order for details. Signed by Judge Susan C Bucklew on 9/7/2006. (eec )
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| Filing 2 NOTICE of election to decline intervention by United States of America re 1 Complaint. (originally sealed document S-7) (eec ) Modified on 9/7/2006 (eec, ). |
| Filing 1 COMPLAINT against Breathe Easy Pulmonary Services, Inc., Premier Cardio Pulmonary Medical, Inc., Lincare Holdings Inc., Lincare, Inc. (Filing fee $250 receipt number T035477), filed by Ben Bane. (originally sealed document S-1)(eec ) |
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| Plaintiff: Bane | |
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| Defendant: Breathe Easy Pulmonary Services, Inc | |
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