Valdivieso v. Cushman & Wakefield Inc.
Valdivieso and Luis A Valdivieso |
Cushman & Wakefield Inc. |
Empire HealthChoice Assurance Inc. and Anthem, Inc. |
Brett J. Preston |
8:2017cv00118 |
January 17, 2017 |
US District Court for the Middle District of Florida |
Tampa Office |
Hillsborough |
Steven D Merryday |
Julie S Sneed |
Other Statutory Actions |
29 U.S.C. § 1001 |
Plaintiff |
Docket Report
This docket was last retrieved on December 7, 2018. A more recent docket listing may be available from PACER.
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Filing 92 ORDER granting #90--motion for final approval of the settlement; approving the settlement, the requested attorney's fee, the requested incentive award, and the requested settlement administration expenses; directing the clerk to CLOSE the case; retaining jurisdiction through 12/6/2019 for the sole purpose of enforcing the settlement agreement. Signed by Judge Steven D. Merryday on 12/7/2018. (BK) |
Filing 91 MINUTE ENTRY for 11/19/2018 hearing conducted by Judge Steven D. Merryday re #90--joint motion for final approval of class settlement and approval of attorneys' fees, costs, and incentive award. Court Reporter: Bill Jones (BK) |
Filing 90 Joint MOTION for miscellaneous relief, specifically Final Approval of Class Settement, Approval of Attorneys' Fees, Costs, and Incentive Award by Cushman & Wakefield Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lindberg, Merry) |
Filing 89 ORDER granting #88--motion for preliminary approval; certifying a settlement-only class; preliminarily approving a settlement; permitting a class member to object or to opt out no later than August 22, 2018; requiring the parties to move for final approval no later than November 2, 2018; scheduling a fairness hearing on November 19, 2018 at 9:30 a.m. in courtroom 15A. Signed by Judge Steven D. Merryday on 5/11/2018. (GSO) |
Filing 88 Joint MOTION for miscellaneous relief, specifically Preliminary Approval of Class Action Settlement and Memorandum of Law by Cushman & Wakefield Inc.. (Attachments: #1 Exhibit A: Settlement Agreement, #2 Exhibit B: Proposed Order of Preliminary Approval of Class Action Settlement, #3 Exhibit C: Notice of Proposed Class Action Settlement, #4 Exhibit D: Declaration of Luis A. Cabassa, #5 Exhibit E: Declaration of Brandon J. Hill, #6 Exhibit F: Declaration of Chad A. Justice, #7 Exhibit G: Declaration of Luis A. Valdivieso)(Lindberg, Merry) |
Filing 87 ENDORSED ORDER granting #86 Defendant's Third Unopposed Motion for Extension of Time to File Preliminary Motion to Approve Class Settlement. The motion for preliminary approval of class-action settlement is due April 11, 2018. Signed by Magistrate Judge Julie S. Sneed on 4/9/2018. (LBL) |
Filing 86 Third MOTION for Extension of Time to File Preliminary Motion to Approve Class Settlement by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 85 ENDORSED ORDER granting #84 Defendant's Second Unopposed Motion for Extension of Time to File Preliminary Motion to Approve Class Settlement. Preliminary Motion to Approve Class Settlement due April 6, 2018. Signed by Magistrate Judge Julie S. Sneed on 4/2/2018. (LBL) |
Filing 84 Unopposed MOTION for Extension of Time to File Preliminary Motion to Approve Class Settlement by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 83 ENDORSED ORDER granting #82 Defendant's Unopposed Motion for Extension of Time to File Preliminary Motion to Approve Class Settlement. The motion for preliminary approval of class-action settlement is due 03/30/18. Signed by Magistrate Judge Julie S. Sneed on 3/19/2018. (LBL) |
Filing 82 Unopposed MOTION for Extension of Time to File Preliminary Motion to Approve Class Settlement by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 81 ORDER directing administrative closure; directing the parties to move by 3/16/18 for preliminary approval of the class-action settlement. Signed by Judge Steven D. Merryday on 2/5/2018. (BK) |
Filing 80 MEDIATION report Hearing held on January 30, 2018. Hearing outcome: Settled.. (Preston, Brett) |
Filing 79 Joint MOTION to stay re #75 Amended MOTION to Certify Class , #77 Response in Opposition to Motion by All Plaintiffs. (Hill, Brandon) |
Filing 78 NOTICE of mediation conference/hearing to be held on January 30, 2018 at 9:30 a.m. before Brett J. Preston. (Lindberg, Merry) |
Filing 77 RESPONSE in Opposition re #75 Amended MOTION to Certify Class filed by Cushman & Wakefield Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lindberg, Merry) |
Filing 76 DEPOSITION of Kari Ann Ortbals taken on November 16, 2017 re #75 Amended MOTION to Certify Class by Luis A Valdivieso. . (Hill, Brandon) |
Filing 75 Amended MOTION to Certify Class by Luis A Valdivieso. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Hill, Brandon) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Mark D. Temple, appearing on behalf of Anthem, Inc., Empire HealthChoice, Inc. (Filing fee $150 receipt number TPA046734) Related document: #62 MOTION for Mark D. Temple to appear pro hac vice. (AG) |
Filing 73 ORDER granting in part and denying in part #59 Emergency/Time-Sensitive Motion to Quash and Objections to Subpoena to Testify at a Deposition in a Civil Action, and denying as moot #58 Motion to Quash and Objections to Subpoena to Testify at a Deposition in a Civil Action, and #67 Motion for Leave to File a Reply to Plaintiff's Response in Opposition to the Emergency Motion. Signed by Magistrate Judge Julie S. Sneed on 10/30/2017. (LBL) |
Filing 72 Minute Entry. Proceedings held before Magistrate Judge Julie S. Sneed: MOTION HEARING held on 10/27/2017 re #59 Emergency MOTION to quash SUBPEONA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION AND OBJECTIONS filed by Anthem, Inc.. (DIGITAL) (LAW) |
Filing 71 NOTICE of supplemental authority re #60 Response in Opposition to Motion by Luis A Valdivieso. (Attachments: #1 Exhibit A)(Hill, Brandon) |
Filing 70 ORDER granting #62 motion to appear pro hac vice. Signed by Magistrate Judge Julie S. Sneed on 10/27/2017. (LBL) |
Filing 69 SUPPLEMENT re #62 MOTION for Mark D. Temple to appear pro hac vice by Anthem, Inc.. (Mullins, Edward) |
Filing 68 RESPONSE in Opposition re #67 MOTION for leave to file Reply filed by Luis A Valdivieso. (Hill, Brandon) |
Filing 67 MOTION for leave to file Reply by Anthem, Inc.. (Herrera, Sujey) |
Filing 66 ORDER granting #64 Stipulation and Motion for Entry of Protective Order. Signed by Magistrate Judge Julie S. Sneed on 10/27/2017. (LBL) |
Filing 65 ORDER directing movants to supplement #62 Motion for Mark D. Temple to appear pro hac vice. Signed by Magistrate Judge Julie S. Sneed on 10/27/2017. (LBL) |
Filing 64 Joint MOTION for protective order and Stipulation by Cushman & Wakefield Inc.. (Lindberg, Merry) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 63 NOTICE of mediation conference/hearing to be held on 1/8/2018 before Brett J. Preston. (Lindberg, Merry) |
Filing 62 MOTION for Mark D. Temple to appear pro hac vice by Anthem, Inc.. (Mullins, Edward) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 61 NOTICE OF TELEPHONIC HEARING on #59 Non-Party Anthem, Inc.'s Emergency Motion to Quash and Objections to Subpoena to Testify at Deposition. Motion Hearing set for 10/27/2017 at 03:30 PM in Tampa Courtroom 11 A before Magistrate Judge Julie S. Sneed. Counsel may appear telephonically. On time and date of hearing, counsel shall call 877-411-9748 and enter access code 9873012 followed by security code 0118 and pound (#) key.(LBL) |
Filing 60 RESPONSE in Opposition re #58 MOTION to quash SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION AND OBJECTIONS, #59 Emergency MOTION to quash SUBPEONA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION AND OBJECTIONS filed by Luis A Valdivieso. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hill, Brandon) |
Filing 59 Emergency MOTION to quash SUBPEONA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION AND OBJECTIONS by Anthem, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Herrera, Sujey) |
Filing 58 MOTION to quash SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION AND OBJECTIONS by Anthem, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Herrera, Sujey) |
Filing 57 ENDORSED ORDER granting #56 Amended Joint Motion for Extension of Deadline for Plaintiff to Supplement Motion for Class Certification and denying as moot #55 the original Joint Motion in light of the Amended Joint Motion. Plaintiff's amended or supplemental motion for class certification is due November 20, 2017. Signed by Magistrate Judge Julie S. Sneed on 10/11/2017. (LBL) |
Filing 56 Amended MOTION to extend time to Supplement Motion for Class Certification Limited to Deposition of Defendant's Corporate Representative by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 55 Joint MOTION to extend time to Supplement Motion for Class Certification Limited to Deposition of Defendant's Corporate Representative by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 54 ENDORSED ORDER granting #53 Joint Motion for Extension of Time Regarding Class Certification Briefing. Plaintiff's amended or supplemental motion for class certification is due November 10, 2017. Class discovery shall be completed by November 30, 2017. Defendant's response to Plaintiff's amended or supplemental class certification motion is due November 30, 2017. Signed by Magistrate Judge Julie S. Sneed on 10/3/2017. (LBL) |
Filing 53 Joint MOTION to extend time to Complete Briefing Regarding Class Certification by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 52 Defendant's ANSWER and affirmative defenses to #14 Amended Complaint by Cushman & Wakefield Inc..(Lindberg, Merry) |
Filing 51 ENDORSED ORDER granting #50 Unopposed Motion for Extension of Time to Respond to #30 Plaintiff's Motion for Class Certification. Response due 9/29/2017. Signed by Magistrate Judge Julie S. Sneed on 8/17/2017. (LBL) |
Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 First MOTION to Certify Class by Cushman & Wakefield Inc.. (Lindberg, Merry) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 49 ORDER granting in part and denying in part #48 Joint Motion to Extend Deadline for Completing Mediation in Order to Conduct Limited Discovery and To Stay Pending Deadlines. The Motion is granted only as to extending the mediation deadline to January 31, 2018, and is denied in all other respects. Signed by Magistrate Judge Julie S. Sneed on 8/9/2017. (LBL) |
Filing 48 Joint MOTION to extend time to Complete Mediation in Order to Conduct Limited Discovery and to Stay Pending Deadlines by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 47 NOTICE by Luis A Valdivieso re 45 Order on motion to extend time of Compliance with Docket 45 (Hill, Brandon) |
Filing 46 MEDIATION report Hearing held on August 2, 2017. Hearing outcome: Adjourned-will resume in the near future.. (Preston, Brett) |
Filing 45 ENDORSED ORDER granting #44 Joint Motion to Extend Mediation Deadline. As the parties represent that all parties, counsel, and the mediator are available on August 2, 2017, the mediation is rescheduled to August 2, 2017. As previously ordered #41, if the mediation results in an impasse, the plaintiff may amend the complaint no later than five days after the filing of the mediator's report. If the plaintiff declines to amend the complaint, the defendant may respond to the motion for class certification no later than ten days after the filing of the mediator's report. Signed by Magistrate Judge Julie S. Sneed on 7/7/2017. (LBL) |
Filing 44 Joint MOTION to extend time to Mediate and to Stay Pending Deadlines for 30 Days by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 43 ENDORSED ORDER granting #42 Joint Motion to Extend Mediation Deadline by Just Six Days Until July 6, 2017. As the parties represent that all parties, counsel, and the mediator are available on July 6, 2017, the mediation is rescheduled to July 6, 2017. As previously ordered #41, if the mediation results in an impasse, the plaintiff may amend the complaint no later than five days after the filing of the mediator's report. If the plaintiff declines to amend the complaint, the defendant may respond to the motion for class certification no later than ten days after the filing of the mediator's report. Signed by Magistrate Judge Julie S. Sneed on 6/14/2017. (LBL) |
Filing 42 Joint MOTION to extend time to complete mediation by July 6, 2017 by Luis A Valdivieso. (Hill, Brandon) |
Filing 41 ORDER granting #40--motion to stay; deadlines stayed until after the 06/27/2017 mediation. Signed by Judge Steven D. Merryday on 6/5/2017. (BK) |
Filing 40 Joint MOTION to stay proceedings pending completion of early mediation by Luis A Valdivieso. (Hill, Brandon) |
Filing 39 ORDER: GRANTING-IN-PART and DENYING-IN-PART #22--motion to dismiss; granting (Doc. #33 at 17) motion to amend the complaint; permitting Valdivieso to amend the complaint no later than 06/09/2017; denying as moot #36--motion to stay discovery and class certification until the disposition of the motion to dismiss; denying as moot #37--motion for leave to reply to Valdivieso's response. Signed by Judge Steven D. Merryday on 5/18/2017. (BK) |
Filing 38 RESPONSE in Opposition re #37 MOTION for leave to file Reply filed by Luis A Valdivieso. (Hill, Brandon) |
Filing 37 MOTION for leave to file Reply by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 36 MOTION to stay re #30 First MOTION to Certify Class , MOTION to stay discovery by Cushman & Wakefield Inc.. (Lindberg, Merry) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 35 ENDORSED ORDER granting #34 Defendant's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Class Certification. Response due 6/2/2017. Signed by Magistrate Judge Julie S. Sneed on 5/12/2017. (LBL) |
Filing 34 Second MOTION for Extension of Time to File Response/Reply as to #30 First MOTION to Certify Class by Cushman & Wakefield Inc.. (Lindberg, Merry) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 33 RESPONSE in Opposition re #22 MOTION to Dismiss Amended Complaint and Memorandum of Law filed by Luis A Valdivieso. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hill, Brandon) |
Filing 32 ENDORSED ORDER granting #31 Unopposed Motion for Extension of Time to Respond to #30 Plaintiff's Motion for Class Certification. Response due 5/15/2017. Signed by Magistrate Judge Julie S. Sneed on 4/27/2017. (LBL) |
Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 First MOTION to Certify Class by Cushman & Wakefield Inc.. (Lindberg, Merry) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 30 First MOTION to Certify Class by Luis A Valdivieso. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hill, Brandon) |
Filing 29 ORDER denying #27 Plaintiff's Unopposed Motion for Extension of Time for Plaintiff to Seek Class Certification Under Rule 23. Signed by Magistrate Judge Julie S. Sneed on 4/13/2017. (LBL) |
Filing 28 ENDORSED ORDER granting #26 Unopposed Motion to Extend Plaintiff's Deadline to Respond to #22 Motion to Dismiss. Plaintiff's response due 5/8/2017. Signed by Magistrate Judge Julie S. Sneed on 4/13/2017. (LBL) |
Filing 27 Unopposed MOTION for Extension of Time to File motion seeking class certification until sixty days after the Court has issued an Order on Defendant's pending Motion to Dismiss the First Amended Complaint by Luis A Valdivieso. (Hill, Brandon) |
Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss Amended Complaint and Memorandum of Law until May 8, 2017 by Luis A Valdivieso. (Hill, Brandon) Motions referred to Magistrate Judge Julie S. Sneed. |
Filing 25 NOTICE by Cushman & Wakefield Inc. re #22 MOTION to Dismiss Amended Complaint and Memorandum of Law (Attachments: #1 Exhibit COBRA Notice)(Lindberg, Merry) |
Filing 24 ENDORSED ORDER granting #23 Defendant's Unopposed Motion for Leave to Supplement its Motion to Dismiss. Signed by Magistrate Judge Julie S. Sneed on 4/12/2017. (LBL) |
Filing 23 Unopposed MOTION for leave to file Supplement to Motion to Dismiss Amended Complaint by Cushman & Wakefield Inc.. (Attachments: #1 Supplement COBRA Notice)(Lindberg, Merry) |
Filing 22 MOTION to Dismiss Amended Complaint and Memorandum of Law by Cushman & Wakefield Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lindberg, Merry) |
Filing 21 NOTICE of mediation conference/hearing to be held on 6/27/2017 9:30 a.m. before Brett J. Preston. (Hill, Brandon) |
Filing 20 ENDORSED ORDER granting #18 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant's response due 4/10/2017. Signed by Magistrate Judge Julie S. Sneed on 3/21/2017. (LBL) |
Filing 19 ORDER appointing Brett J. Preston as mediator; designating Merry Lindberg as lead counsel; setting 06/30/2017 as the mediation deadline; directing counsel to file a notice within twenty days giving the date and time of mediation. The notice of mediation is due by 04/10/2017. Signed by Judge Steven D. Merryday on 3/20/2017. (SKB) |
Filing 18 Unopposed MOTION for Extension of Time to File Answer re #14 Amended Complaint by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 17 ENDORSED ORDER: Because the plaintiff has amended the complaint, the #10 defendant's motion to dismiss is DENIED AS MOOT. Signed by Judge Steven D. Merryday on 3/16/2017. |
Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial conference scheduled for 7/10/2018 at 01:30 PM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed; bench trial scheduled for the August 2018 trial calendar in Tampa Courtroom 15A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 3/15/2017. (SKB) |
Filing 15 CASE MANAGEMENT REPORT. (Lindberg, Merry) |
Filing 14 AMENDED COMPLAINT against Cushman & Wakefield Inc. filed by Luis A Valdivieso. Related document: #1 Complaint filed by Luis A Valdivieso. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hill, Brandon) |
Filing 13 ENDORSED ORDER granting #12 Joint Motion to extend deadline to file case management report. Report due by 03/10/17. Signed by Magistrate Judge Julie S. Sneed on 3/7/2017. (LBL) |
Filing 12 Joint MOTION to extend time to File Case Management Report by Luis A Valdivieso. (Hill, Brandon) |
Filing 11 NOTICE of pendency of related cases re #5 Order pdf per Local Rule 1.04(d) by Cushman & Wakefield Inc.. Related case(s): no (Lindberg, Merry) |
Filing 10 MOTION to Dismiss Plaintiff's Complaint and Memorandum of Law by Cushman & Wakefield Inc.. (Lindberg, Merry) |
Filing 9 NOTICE of Attorney Appearance by Merry E. Lindberg on behalf of Cushman & Wakefield Inc. (Lindberg, Merry) |
Filing 8 ENDORSED ORDER granting #7 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant's response is due on or before 02/23/2017. Signed by Magistrate Judge Julie S. Sneed on 2/8/2017. (SMC) |
Filing 7 Unopposed MOTION for Extension of Time to File Answer by Cushman & Wakefield Inc.. (Aidman, Todd) |
Filing 6 RETURN of service executed on 1/19/2017 by Luis A Valdivieso as to Cushman & Wakefield Inc.. (Hill, Brandon) |
Filing 5 ORDER re: #4 notice of designation of track. See document for details. Signed by Judge Steven D. Merryday on 1/20/2017. (SKB) |
Filing 4 NOTICE of designation under Local Rule 3.05 - Track 2 (SKB) |
Filing 3 NOTICE of Appearance by Chad Andrew Justice on behalf of Luis A Valdivieso (Justice, Chad) |
Filing 2 SUMMONS issued as to Cushman & Wakefield Inc.. (CTR) |
Filing 1 COMPLAINT against Cushman & Wakefield Inc. with Jury Demand (Filing fee $ 400 receipt number TPA041232) filed by Luis A Valdivieso. (Attachments: #1 Civil Cover Sheet)(CTR) |
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