Universal Physician Services, LLC v. Del Zotto et al
| Universal Physician Services, LLC |
| Amanda Del Zotto, Eric Delong, Clinical Services, LLC, Clinical Services International, Clinical Services International, Inc., Clinical Services International, LLC, CSI, Inc. and CSI, LLC |
| 8:2016cv01274 |
| May 20, 2016 |
| U.S. District Court for the Middle District of Florida |
| Tampa Office |
| Pinellas |
| Charlene Edwards Honeywell |
| Julie S. Sneed |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
402
ORDER: 1. The Report and Recommendation of the Magistrate Judge 401 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. 2. Plaintiff's Renewed Motion for At torneys' Fees and Costs 393 is GRANTED in part and DENIED in part, as set forth in the Report and Recommendation. The Clerk is directed to enter judgment in favor of Plaintiff and against Defendants Eric DeLong and Clinical Services, LLC in th e amount of $636,107.84. 3. Plaintiff's Motion to Determine Appellate Attorneys' Fee and Cost Award 397 is GRANTED in part and DENIED in part, as set forth in the Report and Recommendation. The Clerk is directed to enter judgment i n favor of Plaintiff and against Defendants Eric DeLong and Clinical Services, LLC, and their counsel, Alan F. Hamisch, and The Hamisch Law Firm, in the amount of $17,637.71. Signed by Judge Charlene Edwards Honeywell on 7/28/2021. (BGS) Modified on 7/28/2021 (CSS).
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Filing
381
ORDER: (1) The Report and Recommendation of the Magistrate Judge 379 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Plaintiff's Motion for Attorney 's Fees and Costs 375 is DENIED without prejudice. (3) Plaintiff is granted leave to file a motion for attorney's fees and costs within thirty (30) days of the entry of a mandate by the Court of Appeals on the pending appeal. Signed by Judge Charlene Edwards Honeywell on 2/24/2020. (BGS)
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Filing
340
ORDER: UPS's "Motion to Determine Applicability of Florida Law to Counter-Defendants' Counterclaim" 182 is GRANTED. After careful analysis, the Court finds that Florida law applies to DeLong and CSI's counterclaims for which a conflict of law exists. To the extent no conflict of law exists, Florida law also applies. Signed by Judge Charlene Edwards Honeywell on 11/14/2019. (SG)
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Filing
310
ORDER: 1. DeLong and CSI's Counterclaims 85 are dismissed as to Mary E. Ludvik, Joseph G. Del Zotto, and Anthony M. Del Zotto. 2. DeLong and CSI's Counterclaims will proceed as to UPS, only. Signed by Judge Charlene Edwards Honeywell on 10/3/2019. (SG)
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Filing
212
ORDER: 1. Defendant Eric DeLong's and Defendant Clinical Services, LLC's Motion to Amend Affirmative Defenses 168 is DENIED. 2. Defendant Eric DeLong's and Defendant Clinical Services, LLC's Motion for Judgment as a Matte r of Law 170 is DENIED. 3. Plaintiff Universal Physician Services LLC's Motion for Partial Summary Judgment 126 is DENIED, as genuine issues of material fact preclude the entry of summary judgment. 4. Plaintiff Universal Physician Servic es LLC's Motion for Summary Judgment on Counterclaim 151 is GRANTED IN PART AND DENIED IN PART. Plaintiff Universal Physician Services LLC is entitled to summary judgment on Counts VI and VII of Defendant Eric DeLong's and Defendant Clini cal Services, LLC's Counterclaim. Counts VI and VII of the Counterclaim will be DISMISSED with prejudice at the conclusion of this litigation. In all other respects, Plaintiff Universal Physician Services LLC's Motion for Summary Judgment o n Counterclaim is DENIED. 5. Because there is confusion in the record regarding whether the counterclaims are based "solely" on the three letters sent by UPS's counsel to provide notice of the state court injunction, the parties may provide supplemental briefing on this issue. On or before October 15, 2018, the parties shall submit a supplemental brief of no more than seven (7) pages indicating whether the counterclaims are based solely on the three letters. The supplemental bri efing shall specify which counterclaims are based solely on the three letters and which are not. If the counterclaims are based on more than the three letters, that additional evidence shall be identified by citation to the record. However, no additi onal evidence such as affidavits or transcripts will be accepted, as the time for filing such has expired. Upon receipt of the supplemental briefs, the Court will reconsider the litigation privilege argument. Signed by Judge Charlene Edwards Honeywell on 9/29/2018. (SG)
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Filing
105
ORDER adopting 101 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including a ppellate review. (2) Plaintiff's Supplemental Motion for Award of Attorneys' Fees and Costs 77 is GRANTED in part and DENIED in part. (3) Plaintiff is entitled to an award of attorneys' fees in the amount of $275,858.90 and costs in the amount of $2,833.50, for a total award of $278,692.40. (4) The Clerk is directed to enter Judgment in favor of Plaintiff and against Defendant Amanda Del Zotto for the following total amount: $278,692.40, which represents $275,858.90 in attorneys' fees and $2,833.50 in costs. Signed by Judge Charlene Edwards Honeywell on 6/12/2017. (BGS)
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Filing
73
ORDER adopting 70 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including ap pellate review. (2) Plaintiff's Motion for Award of Attorneys' Fees and Costs 50 is GRANTED in part, as to Plaintiff's entitlement to reasonable fees and costs, and DENIED in part as to the amounts Plaintiff requests, without preju dice to Plaintiff to file a supplemental motion. (3) Plaintiff is entitled to reasonable fees and costs. On or before February 6, 2017, Plaintiff shall file a supplemental motion for attorneys' fees and costs, which provides the documentation, evidence, and argument needed by the Court to ascertain the reasonableness of the attorneys' fees and costs. Signed by Judge Charlene Edwards Honeywell on 1/23/2017. (BGS)
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Filing
63
ORDER adopting 56 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including ap pellate review. (2) Plaintiff's Motion for Entry of Final Judgment of Garnishment Against Garnishee Wells Fargo Bank, N.A. 32 is GRANTED. (3) The Clerk is directed to enter a Final Judgment of Garnishment against Garnishee Wells Fargo Bank, NA. in the amount of the lesser of $52,223.30 or the amount remaining unpaid on the Judgment. Signed by Judge Charlene Edwards Honeywell on 11/22/2016. (BGS)
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