Day v. Sarasota Doctors Hospital, Inc.
| David Day |
| Sarasota Doctors Hospital, Inc. |
| Gary Larsen |
| 8:2019cv01522 |
| June 24, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1442 |
| Plaintiff |
Docket Report
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| Filing 41 RESPONSE re #40 Response in Opposition to Motion re Plaintiff's Request to Correct Scrivener's Error filed by Sarasota Doctors Hospital, Inc. (Emmanuel, John) |
| Filing 40 RESPONSE in Opposition re #29 MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law filed by David Day. (Rosenberg, Bruce) |
Filing 39
ORDER appointing Gary Larsen as mediator in this action. The mediation conference is scheduled for March 24, 2020, at 9:30 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 7/31/2019. (MWS)
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| Filing 38 NOTICE of mediation conference/hearing to be held on March 24, 2020, 9:30 a.m. before Gary H. Larsen. (Rosenberg, Bruce) |
| Filing 37 *** Counsel notified to re-file using the event Notice of mediation conference/hearing *** NOTICE by David Day SCHEDULED MEDIATION (Rosenberg, Bruce) Modified text and NEF regenerated on 7/31/2019 (KMM). |
| Filing 36 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: Scott N. Gamertsfelder. scottgrmr@aol.com (SNG) |
| Filing 35 TRANSCRIPT of Rule 16 Case Management Hearing held on July 24, 2019 before Judge Virginia M. Hernandez Covington. Court Reporter/Transcriber Scott N. Gamertsfelder,Telephone number 813-301-5898. 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 8/19/2019, Redacted Transcript Deadline set for 8/29/2019, Release of Transcript Restriction set for 10/28/2019. (SNG) |
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/12/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the December 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 3/31/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 7/26/2019. (TWL)
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| Filing 33 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 7/24/2019. Court Reporter: Scott N. Gamertsfelder (TWL) |
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Filing 32
ENDORSED ORDER: All pending motions from the state court docket in this matter are denied as moot. Signed by Judge Virginia M. Hernandez Covington on 7/24/2019. (MWS)
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Filing 31
ENDORSED ORDER: For the reasons stated at the July 24, 2019 hearing, Defendant Sarasota Doctors Hospital's Amended Motion to Transfer (Doc. #12) is denied without prejudice. Signed by Judge Virginia M. Hernandez Covington on 7/24/2019. (MWS)
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| Filing 30 NOTICE of hearing: Case Management hearing set for 7/24/2019 at 2:30 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL) |
| Filing 29 MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law by Sarasota Doctors Hospital, Inc. (Attachments: #1 Exhibit A - Conditions of Admission)(Emmanuel, John) |
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Filing 28
ENDORSED ORDER: The Clerk is directed to schedule a hearing for July 24, 2019, at 2:30 pm. At that time, all pending motions will be heard and the Court will also hold a case management hearing. Signed by Judge Virginia M. Hernandez Covington on 7/16/2019. (Covington, Virginia)
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| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement (Supplemental) by Sarasota Doctors Hospital, Inc.. (Emmanuel, John) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #24 Case Management Report by David Day. (Rosenberg, Bruce) |
| Filing 25 NOTICE of pendency of related cases per Local Rule 1.04(d) by David Day. Related case(s): no (Rosenberg, Bruce) |
| Filing 24 CASE MANAGEMENT REPORT. (Emmanuel, John) |
| Filing 23 NOTICE of supplemental authority re 20 Order , #1 Notice of Removal by Sarasota Doctors Hospital, Inc. (Attachments: #1 Exhibit)(Tache, Walter) |
| Filing 22 CORPORATE Disclosure Statement by Sarasota Doctors Hospital, Inc. identifying Other Affiliate Basic American Medical, Inc., Other Affiliate HCA Inc., Other Affiliate Healthtrust, Inc. - The Hospital Company, Other Affiliate HTI Hospital Holdings, Inc., Other Affiliate HCA Healthcare, Inc., Other Affiliate Southwest Florida Health System, Inc. for Sarasota Doctors Hospital, Inc. (Emmanuel, John) |
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Filing 21
ENDORSED ORDER denying as moot #9 Motion for Hearing. Signed by Judge Virginia M. Hernandez Covington on 6/28/2019. (Covington, Virginia)
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Filing 20
ENDORSED ORDER: Defendant Sarasota Doctors Hospital, Inc., removed this action to this Court pursuant to the Class Action Fairness Act (CAFA). Sarasota Doctors Hospital, a Florida corporation with a principal place of business in Florida, asserts that, based on the size of the putative class, "the class necessarily includes" non-Florida citizens who were treated at its hospital. But Sarasota Doctors Hospital offers no additional information to show that an actual class member is a non-Florida citizen, and a conclusory allegation that the class includes members who are non-Florida citizens is insufficient to establish minimal diversity. See Calmes v Boca W. Country Club, Inc., No. 9:17-cv-80574, 2017 WL 4621112, at *2 (S.D. Fla. Oct. 16, 2017) ("Although Plaintiff alleges that there are class members who are citizens of states other than Florida, he does not offer any support for these statements or even name the states of which the other class members are citizens. This is insufficient to persuade the Court that minimal diversity is met and that it has subject-matter jurisdiction under CAFA to hear this case."). As to the amount in controversy, Sarasota Doctors Hospital contends that, based on the size of the class, it is "evident on the face of Amended Complaint" that the $5,000,000 threshold is met. Here too Sarasota Doctors Hospital fails to identify any other facts supporting that claim. See MRI Assocs. of St. Pete v. Direct Gen. Ins. Co., No. 8:12-cv-2408-T-35AEP, 2013 WL 12155943, at *4 (M.D. Fla. June 17, 2013) ("[C]onclusory allegations by a defendant in the notice of removal that the claims satisfy the jurisdictional amount, without identification of the underlying facts supporting such an assertion, are insufficient to meet the defendant's burden."). Accordingly, Sarasota Doctors Hospital is directed to provide more information establishing that at least one putative class action member is a citizen of a state other than Florida and that the amount in controversy exceeds $5,000,000 by July 5, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/28/2019. (MWS)
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Filing 19
ENDORSED ORDER: In light of the amended complaint (Doc. # 1-1), Defendant Sarasota Doctors Hospital, Inc.'s motion for summary judgment is denied without prejudice. Plaintiff David Day's motion to strike defendant's motion for summary judgment is denied as moot. There are also a number of discovery motions currently pending, some of which may be mooted by the amended complaint. In an effort to streamline this process, the Court denies those motions without prejudice. If necessary, the parties may once again file these motions. Signed by Judge Virginia M. Hernandez Covington on 6/28/2019. (MWS)
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| Filing 18 NOTICE by Sarasota Doctors Hospital, Inc. re #9 MOTION for Hearing (Status Conference) and To Temporarily Abate Requirements of Local Rule 4.02(c), #12 Amended MOTION to transfer case To The Honorable James Moody Defendant's Correction of Scrivener's Error in Pending Motions (Emmanuel, John) |
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Filing 17
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by July 11, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 6/28/2019. (MWS)
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Filing 16
ORDER granting #11 defendant's Motion to Withdraw as Attorney by Scott A. Richards. Signed by Magistrate Judge Thomas G. Wilson on 6/27/2019. (DMS)
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Filing 15
ORDER granting #10 defendant's Motion to Withdraw as Counsel of John D. Ryan. Signed by Magistrate Judge Thomas G. Wilson on 6/27/2019. (DMS)
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Filing 14
ENDORSED ORDER granting in part and denying in part #13 Motion for Extension of Time to Answer or respond.. Under the circumstances, the extension of time appears excessive and furthermore it is opposed. The answer or responsive pleading is due by July 18, 2019. The Court notes that the required Local Rule requiring consultation is 3.01(g). Counsel cited to another rule. Signed by Judge Virginia M. Hernandez Covington on 6/27/2019. (Covington, Virginia)
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| Filing 13 MOTION for Extension of Time to File Answer Respond to Amended Complaint and Incorporated Memoradum of Law by Sarasota Doctors Hospital, Inc. (Tache, Walter) |
| Filing 12 Amended MOTION to transfer case To The Honorable James Moody by Sarasota Doctors Hospital, Inc.. (Attachments: #1 Exhibit A)(Emmanuel, John) |
| Filing 11 MOTION for Scott A. Richards to withdraw as attorney by Sarasota Doctors Hospital, Inc. (Richards, Scott) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 10 MOTION for John D. Ryan to withdraw as attorney by Sarasota Doctors Hospital, Inc. (Richards, Scott) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 9 MOTION for Hearing (Status Conference) and To Temporarily Abate Requirements of Local Rule 4.02(c) by Sarasota Doctors Hospital, Inc. (Emmanuel, John) |
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Filing 8
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 6/25/2019. (TWL)
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| Filing 7 NOTICE of Appearance by Walter J. Tache on behalf of Sarasota Doctors Hospital, Inc. (Tache, Walter) |
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Filing 6
ENDORSED ORDER denying without prejudice #5 Motion to transfer case. Counsel failed to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 6/25/2019. (Covington, Virginia)
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| Filing 5 MOTION to transfer case by Sarasota Doctors Hospital, Inc.. (Attachments: #1 Exhibit A)(Emmanuel, John) |
| Filing 4 NOTICE of pendency of related cases re #3 Notice (Other), #1 Notice of Removal per Local Rule 1.04(d) by Sarasota Doctors Hospital, Inc.. Related case(s): Yes (Emmanuel, John) |
| Filing 3 NOTICE by Sarasota Doctors Hospital, Inc. re #1 Notice of Removal (Attachments: #1 State Court Other Documents 1 of 9, #2 State Court Other Documents 2 of 9, #3 State Court Other Documents 3 of 9, #4 State Court Other Documents 4 of 9, #5 State Court Other Documents 5 of 9, #6 State Court Other Documents 6 of 9, #7 State Court Other Documents 7 of 9, #8 State Court Other Documents 8 of 9, #9 State Court Other Documents 9 of 9)(Emmanuel, John) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-1522-T-33TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court of the Twelfth Judicial District, case number 2017 CC 007665 filed in State Court on 12/01/2017. Filing fee $ 400, receipt number 113A-15610382 filed by Sarasota Doctors Hospital, Inc.. (Attachments: #1 Exhibit A - Amended Complaint)(Emmanuel, John) |
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