Electrostim Medical Services, Inc. v. Unitedhealth Group, Inc. et al
Plaintiff: Electrostim Medical Services, Inc.
Defendant: Optum, Inc., United Healthcare Services, Inc. and Unitedhealth Group, Inc.
Case Number: 8:2020cv00329
Filed: February 11, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Sean P Flynn
Nature of Suit: Labor: Other
Cause of Action: 29 U.S.C. ยง 1145
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 16, 2020 Opinion or Order Filing 60 ENDORSED ORDER: On March 4, 2020, Defendants filed a motion to stay case pending arbitration, which Plaintiff opposed. (Doc. #51). However, on March 13, 2020, after the withdrawal of Plaintiff's motion for preliminary injunction, the parties filed a joint stipulation agreeing to a stay of all proceedings in this case pending resolution of the ongoing arbitration proceedings. (Doc. #58). In light of this stipulation, the motion to stay is granted. This case is referred to arbitration and stayed and administratively closed during the arbitration process. The parties are directed to file a joint status report every 90 days. They are also directed to immediately notify the Court upon the completion of the arbitration process. The Clerk is directed to administratively close this case. Signed by Judge Virginia M. Hernandez Covington on 3/16/2020. (MWS)
March 13, 2020 Opinion or Order Filing 59 ENDORSED ORDER denying as moot #49 Defendants' Motion for Reconsideration of Order Granting Plaintiff's Motion for Continuance of Evidentiary Hearing and for Expedited Discovery. In light of Plaintiff's notice of withdrawal of motion for preliminary injunction, no evidentiary hearing or expedited discovery are required at this time. Signed by Magistrate Judge Sean P. Flynn on 3/13/2020. (NCR)
March 13, 2020 Filing 58 STIPULATION [JOINT] to Stay Case Pending Arbitration by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Heller, Sandra)
March 13, 2020 Filing 57 NOTICE canceling preliminary injunction hearing scheduled for 4/1/2020.(NCR)
March 13, 2020 Opinion or Order Filing 56 ENDORSED ORDER: In light of Plaintiff Electrostim Medical Services Inc.'s notice of withdrawal of motion for preliminary injunction (Doc. #55), Electrostim's motion for preliminary injunction (Doc. #2) is denied, without prejudice, as moot. Signed by Judge Virginia M. Hernandez Covington on 3/13/2020. (MWS)
March 13, 2020 Filing 55 NOTICE of withdrawal of motion by Electrostim Medical Services, Inc. re #2 MOTION for preliminary injunction filed by Electrostim Medical Services, Inc. (Carlson, Charles)
March 10, 2020 Opinion or Order Filing 54 ENDORSED ORDER granting Defendants' unopposed motion to extend deadline to respond the complaint in part. (Doc. #52). Defendants' response to the complaint is due March 23, 2020. Signed by Judge Virginia M. Hernandez Covington on 3/10/2020. (MWS)
March 10, 2020 Opinion or Order Filing 53 ENDORSED ORDER: On March 4, 2020, Defendants filed a motion to stay case pending arbitration. (Doc. #51). Subsequently, on March 10, 2020, Defendants filed an unopposed motion seeking to extend the deadline to respond to the complaint pending the resolution of the ongoing preliminary injunction proceedings in this case. (Doc. #52). In order for the Court to expeditiously resolve these matters, Plaintiff is directed to respond to the motion to stay by March 16, 2020. Signed by Judge Virginia M. Hernandez Covington on 3/10/2020. (MWS)
March 10, 2020 Filing 52 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc.(Heller, Sandra)
March 4, 2020 Filing 51 MOTION to Stay Case Pending Arbitration by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Heller, Sandra)
March 4, 2020 Filing 50 CERTIFICATE of interested persons and corporate disclosure statement by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. identifying Corporate Parent Unitedhealth Group Incorporated for Unitedhealth Group, Inc.; Other Affiliate United Healthcare Services, Inc. for Optum, Inc. (Heller, Sandra)
March 3, 2020 Filing 49 MOTION for Reconsideration re #47 Order on Motion to Continue of Evidentiary Hearing and for Expedited Discovery and Memorandum of Law by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Heller, Sandra)
March 2, 2020 Filing 48 NOTICE of evidentiary hearing re #2 MOTION for preliminary injunction. Motion Hearing set for 4/1/2020 at 01:00 PM in Tampa Courtroom 11B before Magistrate Judge Sean P. Flynn. (NCR)
March 2, 2020 Opinion or Order Filing 47 ORDER granting #44 Plaintiff's Motion for Continuance of Evidentiary Hearing and for Expedited Discovery. See Order for details. Signed by Magistrate Judge Sean P. Flynn on 3/2/2020. (NCR)
March 2, 2020 Opinion or Order Filing 46 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by March 24, 2020, 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 3/2/2020. (MWS)
March 2, 2020 Filing 45 NOTICE canceling preliminary injunction hearing scheduled for 3/3/2020 pending the resolution of Plaintiff's request for expedited discovery. The hearing will be rescheduled by separate notice. (NCR) Modified on 3/2/2020 (NCR).
March 1, 2020 Filing 44 MOTION to Continue Evidentiary Hearing and for Expedited Discovery by Electrostim Medical Services, Inc. (La Rocco, Anthony)
February 27, 2020 Opinion or Order Filing 43 ORDER granting in part and denying in part #34 Plaintiff's Electrostim Medical Services, Inc.'s Request for Limited Evidentiary Hearing in Support of its Motion for Preliminary Injunction. See Order for details. Signed by Magistrate Judge Sean P. Flynn on 2/27/2020. (NCR) (NCR).
February 27, 2020 Filing 41 CORPORATE Disclosure Statement by Electrostim Medical Services, Inc. (Carlson, Charles)
February 27, 2020 Filing 40 NOTICE of pendency of related cases or Other Actions re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Electrostim Medical Services, Inc. Related case(s): yes (Carlson, Charles) Modified text on 2/28/2020 (LNR).
February 27, 2020 Sealed Document: S-42.(LNR)
February 26, 2020 Filing 38 Minute Entry. Proceedings held before Magistrate Judge Sean P. Flynn: MOTION HEARING held on 2/26/2020 re #34 MOTION for Hearing re #20 Order (seeking limited evidentiary hearing in support of preliminary injunction motion) filed by Electrostim Medical Services, Inc. (Digital) (ABC) (ABC).
February 26, 2020 Filing 37 RESPONSE re #34 MOTION for Hearing re #20 Order (seeking limited evidentiary hearing in support of preliminary injunction motion) filed by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Heller, Sandra)
February 26, 2020 Opinion or Order Filing 36 ENDORSED ORDER granting #32 Motion to Seal. Signed by Magistrate Judge Sean P. Flynn on 2/26/2020. (Flynn, Sean)
February 26, 2020 Filing 35 NOTICE of hearing: Telephone Conference set for 2/26/2020 at 04:00 PM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. The parties may appear telephonically at the conference by calling toll-free number 1-888-398-2342 on the day of the hearing and entering access code 1502064 followed by security code 2000329 when prompted.(NCR)
February 25, 2020 Filing 34 MOTION for Hearing re #20 Order (seeking limited evidentiary hearing in support of preliminary injunction motion) by Electrostim Medical Services, Inc. (La Rocco, Anthony)
February 25, 2020 Filing 33 RESPONSE in Opposition re #2 MOTION for preliminary injunction filed by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Attachments: #1 Exhibit A - February 24, 2020 email, #2 Exhibit B - Declaration of Jeffrey Bonneville, #3 Exhibit 1 - To Be Filed Under Seal, #4 Exhibit 2 - BBB and Indeed Complaints, #5 Exhibit 3 - Composite of Overpayment Letter and Calculations (Redacted), #6 Exhibit 4 - Composite of Communications, #7 Exhibit 5 - January 17, 2020 Notification of Offsets, #8 Exhibit 6 - United Administrative Guide Excerpt, #9 Exhibit 7 - January 24, 2020 Letter from EMSI to OPTUM, #10 Exhibit 8 - Correspondence Between EMSI and Optum)(Heller, Sandra)
February 25, 2020 Filing 32 Unopposed MOTION to Seal Certain Exhibits to Defendants' Response to Plaintiff's Motion for Preliminary Injunction by Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Heller, Sandra)
February 25, 2020 Opinion or Order Filing 31 ENDORSED ORDER granting #30 Motion to Seal. Signed by Magistrate Judge Sean P. Flynn on 2/25/2020. (Flynn, Sean)
February 25, 2020 Filing 30 Second MOTION to Seal Unopposed Exhibits Referenced in Supporting Declaration Under Seal by Electrostim Medical Services, Inc. (Carlson, Charles)
February 24, 2020 Filing 29 NOTICE of Appearance by Darcie A. Thompson on behalf of Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Thompson, Darcie)
February 21, 2020 Sealed Document:S-28. (LNR)
February 20, 2020 Filing 27 NOTICE of Appearance by Joseph Francisco Valdivia on behalf of Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Valdivia, Joseph)
February 19, 2020 Opinion or Order Filing 26 ENDORSED ORDER granting #9 Plaintiff's motion to file under seal. Signed by Magistrate Judge Sean P. Flynn on 2/19/2020. (NCR)
February 19, 2020 Filing 25 NOTICE by Electrostim Medical Services, Inc. Notice of Filing Affidavits of Service of Process. (Attachments: #1 Affidavit of Service as to Defendant Optum, Inc., #2 Affidavit of Service as to Defendant United Healthcare Services, Inc., #3 Affidavit of Service as to Defendant United Health Group, Inc.)(Carlson, Charles)
February 19, 2020 Filing 24 NOTICE by Electrostim Medical Services, Inc. re #9 MOTION for leave to file under seal. Notice of Unopposed Motion to File Exhibits Referenced in Supporting Declaration and Associated References Contained in Complaint, Motion for Preliminary Injunction and Declaration Under Seal. (Carlson, Charles)
February 19, 2020 Filing 23 NOTICE of Appearance by Christopher Matthew Detzel on behalf of Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Detzel, Christopher)
February 19, 2020 Filing 22 NOTICE of Attorney Appearance by Sandra Lynn Heller on behalf of Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (Heller, Sandra)
February 19, 2020 ***PRO HAC VICE FEES paid by attorney Anthony P. La Rocco (Filing fee $150 receipt number TPA060088.) Related document: #17 First MOTION for Anthony La Rocco to appear pro hac vice. (ARC)
February 19, 2020 ***PRO HAC VICE FEES paid by attorney George P. Barbatsuly (Filing fee $150 receipt number TPA060088.) Related document: #18 First MOTION for George P. Barbatsuly to appear pro hac vice. (ARC)
February 19, 2020 ***PRO HAC VICE FEES paid by attorney Stacey A. Hyman (Filing fee $150 receipt number TPA060088.) Related document: #19 First MOTION for Stacey A. Hyman to appear pro hac vice. (ARC)
February 13, 2020 Opinion or Order Filing 21 ENDORSED ORDER granting #17 motion to appear pro hac vice; granting #18 motion to appear pro hac vice; granting #19 motion to appear pro hac vice. Attorneys Anthony La Rocco, George P. Barbatsuly, and Stacey A. Hyman may appear pro hac vice on behalf of Plaintiff, with Attorney Charles A. Carlson designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 2/13/2020. (NCR)
February 13, 2020 Opinion or Order Filing 20 ORDER scheduling preliminary injunction hearing for March 3, 2020 at 1:00 p.m. in Courtroom 11B of the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida. See Order for details. Signed by Magistrate Judge Sean P. Flynn on 2/13/2020. (NCR)
February 13, 2020 Filing 19 First MOTION for Stacey A. Hyman to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit A)(Carlson, Charles) Motions referred to Magistrate Judge Sean P. Flynn.
February 13, 2020 Filing 18 First MOTION for George P. Barbatsuly to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit A)(Carlson, Charles) Motions referred to Magistrate Judge Sean P. Flynn.
February 13, 2020 Filing 17 First MOTION for Anthony La Rocco to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit A)(Carlson, Charles) Motions referred to Magistrate Judge Sean P. Flynn.
February 13, 2020 Opinion or Order Filing 16 ENDORSED ORDER: Plaintiff Electrostim Medical Services, Inc.'s motion for leave to file under seal (Doc. #9) is referred to the Honorable Sean P. Flynn, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(A), for disposition. Signed by Judge Virginia M. Hernandez Covington on 2/13/2020. (MWS) Motions referred to Magistrate Judge Sean P. Flynn.
February 13, 2020 Opinion or Order Filing 15 ENDORSED ORDER: Plaintiff Electrostim Medical Services, Inc.'s motion for preliminary injunction (Doc. #2) is referred to the Honorable Sean P. Flynn, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for the issuance of a report and recommendation. Signed by Judge Virginia M. Hernandez Covington on 2/13/2020. (MWS) Motions referred to Magistrate Judge Sean P. Flynn.
February 13, 2020 Opinion or Order Filing 14 ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/13/2020. (TWL)
February 13, 2020 Opinion or Order Filing 13 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 2/13/2020. (TWL)
February 12, 2020 Filing 12 SUMMONS issued as to Optum, Inc., United Healthcare Services, Inc., Unitedhealth Group, Inc. (MCB)
February 12, 2020 Filing 11 NOTICE by Electrostim Medical Services, Inc. of filing Civil Coversheet. (Carlson, Charles)
February 12, 2020 Filing 10 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-329-T-33SPF. (SJB)
February 11, 2020 Filing 9 MOTION for leave to file under seal by Electrostim Medical Services, Inc. (Carlson, Charles) Modified on 2/12/2020 (MCB).
February 11, 2020 Filing 8 NOTICE by Electrostim Medical Services, Inc. re #2 MOTION for preliminary injunction of filing Declaration of Mario Garcia, Jr. in support of Motion for Preliminary Injunction (Attachments: #1 Affidavit Declaration of Mario Garcia, Jr., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U)(Carlson, Charles)
February 11, 2020 Filing 7 NOTICE by Electrostim Medical Services, Inc. of Filing Proposed Preliminary Injunction Order (Attachments: #1 Text of Proposed Order Proposed Order on Preliminary Injunction)(Carlson, Charles)
February 11, 2020 Filing 6 NOTICE by Electrostim Medical Services, Inc. re #2 MOTION for preliminary injunction of Filing Declaration of Gretchen Dacey-Zavalianos in Support of Motion for Temporary Injunction. (Attachments: #1 Affidavit Declaration of Gretchen Dacey-Zavalianos, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Carlson, Charles) Modified text on 2/13/2020 (JNB).
February 11, 2020 Filing 5 PROPOSED summons to be issued by Electrostim Medical Services, Inc.. (Carlson, Charles)
February 11, 2020 Filing 4 PROPOSED summons to be issued by Electrostim Medical Services, Inc.. (Carlson, Charles)
February 11, 2020 Filing 3 PROPOSED summons to be issued by Electrostim Medical Services, Inc.. (Carlson, Charles)
February 11, 2020 Filing 2 MOTION for preliminary injunction by Electrostim Medical Services, Inc. (Carlson, Charles) Modified on 2/12/2020 (MCB).
February 11, 2020 Filing 1 COMPLAINT for Injunctive Relief Sought in Aid of Arbitration against Electrostim Medical Services, Inc. (Filing fee $ 400 receipt number 113A-16466413) filed by Electrostim Medical Services, Inc.(Carlson, Charles) Modified on 2/12/2020 (MCB).

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Search for this case: Electrostim Medical Services, Inc. v. Unitedhealth Group, Inc. et al
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Plaintiff: Electrostim Medical Services, Inc.
Represented By: Charles Allen Carlson
Represented By: Anthony P. La Rocco
Represented By: Stacey A. Hyman
Represented By: George P. Barbatsuly
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Defendant: Optum, Inc.
Represented By: Sandra Lynn Heller
Represented By: Darcie A. Thompson
Represented By: Joseph Francisco Valdivia
Represented By: Christopher Matthew Detzel
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Defendant: United Healthcare Services, Inc.
Represented By: Sandra Lynn Heller
Represented By: Darcie A. Thompson
Represented By: Joseph Francisco Valdivia
Represented By: Christopher Matthew Detzel
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Defendant: Unitedhealth Group, Inc.
Represented By: Sandra Lynn Heller
Represented By: Darcie A. Thompson
Represented By: Joseph Francisco Valdivia
Represented By: Christopher Matthew Detzel
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