Lincare Inc. v. Tinklenberg
| Lincare Inc. |
| Esther D. Tinklenberg |
| 8:2020cv01002 |
| April 30, 2020 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Amanda Arnold Sansone |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 4, 2020. A more recent docket listing may be available from PACER.
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Filing 43
ENDORSED ORDER directing counsel to file on the docket the redacted depositions referred to in footnote 6 on page 7 of the order entered at docket #41, and to file UNDER SEAL in paper format the complete, unredacted depositions with the Clerk. Signed by Judge William F. Jung on 6/26/2020. (CCB)
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Filing 42
ENDORSED ORDER denying without prejudice #29 Motion to Compel discovery re. bonuses. This motion is presently moot but Defendant may reassert if necessary during merits, substantive discovery. Signed by Judge William F. Jung on 6/26/2020. (Jung, William)
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Filing 41
ORDER granting in part and denying in part #9 Motion for Preliminary Injunction. Signed by Judge William F. Jung on 6/26/2020. (Jung, William)
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| Filing 40 Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 6/22/2020 re #9 MOTION for Preliminary Injunction filed by Lincare Inc. and #29 MOTION to Compel Supplemental Responses and Production of Documents filed by Esther D. Tinklenberg. The Court takes the Motions under advisement. Court Reporter: Tracey Aurelio (SAO) |
| Filing 39 MEMORANDUM in opposition re #9 Motion for Preliminary Injunction filed by Esther D. Tinklenberg. (Gibson, Jeffrey) |
| Filing 38 NOTICE of supplemental authority re #9 MOTION for Preliminary Injunction and Memorandum of Law by Esther D. Tinklenberg. (Attachments: #1 Affidavit of Esther D. Tinklenberg)(Gibson, Jeffrey) |
| Filing 37 NOTICE by Lincare Inc. re 34 Order no pdf, #9 MOTION for Preliminary Injunction and Memorandum of Law - Notice of Filing in Support of Its Motion for Preliminary Injunction. (Attachments: #1 Exhibit Lincare Exhibit 1, #2 Exhibit Lincare Exhibit 2, #3 Exhibit Lincare Exhibit 3, #4 Exhibit Lincare Exhibit 4, #5 Exhibit Lincare Exhibit 5, #6 Exhibit Lincare Exhibit 6, #7 Exhibit Lincare Exhibit 7, #8 Exhibit Lincare Exhibit 8, #9 Exhibit Lincare Exhibit 9, #10 Exhibit Lincare Exhibit 10)(Mullen, John) |
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Filing 36
ENDORSED ORDER: Due to what appears (possibly) to be a "spike" in covid numbers in Florida recently, the hearing Monday will be telephonic. Call-in information will be provided. It is important to have clear phone lines, ie. not cellular or poor speakerphones. The pdf exhibits (if any) should be clearly marked so that they can be accessed without confusion. The Movant will be recognized for any presentation Movant wishes to provide. Then Respondent will be recognized for same. There is no time limit, other than the rule that all good lawyers are concise. The Court does not anticipate taking live testimony but if either side requires same, the Court will administer the oath telephonically before direct, and cross-examination will be afforded. Signed by Judge William F. Jung on 6/19/2020. (Jung, William)
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| Filing 35 NOTICE of TELEPHONIC ONLY HEARING (same date/time as previously set)on #9 MOTION for Preliminary Injunction. Motion Hearing set for 6/22/2020 at 9:30 AM in Tampa Courtroom 15 B before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the #(pound) key. You will be prompted to enter the security code: 1002 followed by the #(pound) key. This conference will be activated at 9:00 AM so the hearing may start promptly at 9:30 AM.(CCB) |
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Filing 34
ENDORSED ORDER: If any party wishes to present documentary evidence or exhibits of any kind in the upcoming hearing, same must be filed on this docket in pdf form by close of business today. Signed by Judge William F. Jung on 6/19/2020. (Jung, William)
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Filing 33
ENDORSED ORDER denying #30 Motion to Continue. Signed by Judge William F. Jung on 6/18/2020. (Jung, William)
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| Filing 32 RESPONSE in Opposition re #29 MOTION to Compel Supplemental Responses and Production of Documents filed by Lincare Inc. (Mullen, John) |
| Filing 31 RESPONSE in Opposition re #30 MOTION to Continue Hearing - Preliminary Injunction Hearing filed by Lincare Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mullen, John) |
| Filing 30 MOTION to Continue Hearing by Esther D. Tinklenberg. (Gibson, Jeffrey) |
| Filing 29 MOTION to Compel Supplemental Responses and Production of Documents by Esther D. Tinklenberg. (Gibson, Jeffrey) |
| Filing 28 NOTICE by Lincare Inc. re 27 Order on Motion to Appear Pro Hac Vice - Special Admission Attorney Certification. (Bailey, Blake) |
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Filing 27
ENDORSED ORDER granting #26 Motion to appear pro hac vice. Attorney Blake A. Bailey may appear pro hac vice, subject to the requirement that counsel comply with the email registration requirements of Local Rule 2.01(d), M.D. Fla., within 14 days of the date of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 6/11/2020. (MLM)
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| Filing 26 Unopposed MOTION for Blake A. Bailey to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16922820 for $150 by Lincare Inc. (Mullen, John) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 25 Defendant's ANSWER and affirmative defenses to #1 Complaint by Esther D. Tinklenberg.(Gibson, Jeffrey) |
| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement by Esther D. Tinklenberg. (Gibson, Jeffrey) |
| Filing 23 NOTICE by Lincare Inc. of Subpoena Duces Tecum (Mullen, John) |
| Filing 22 PRETRIAL AND DISCOVERY PLAN. (Gibson, Jeffrey) |
| Filing 21 NOTICE of pendency of related cases per Local Rule 1.04(d) by Esther D. Tinklenberg. Related case(s): No (Gibson, Jeffrey) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #7 Related case order and track 2 notice by Lincare Inc. identifying Corporate Parent Lincare Holdings Inc. for Lincare Inc... (Mullen, John) |
| Filing 19 NOTICE of pendency of related cases per Local Rule 1.04(d) by Lincare Inc.. Related case(s): No (Mullen, John) |
| Filing 18 NOTICE of hearing on motion re #9 MOTION for Preliminary Injunction and Memorandum of Law. Motion Hearing set for 6/22/2020 at 9:30 AM in Tampa Courtroom 15B before Judge William F. Jung. (SAO) |
| Filing 17 Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 5/18/2020 re #9 MOTION for Preliminary Injunction and Memorandum of Law filed by Lincare Inc. See Minutes for deadlines. Court Reporter: Bill Jones (SAO) |
| Filing 16 RETURN of service executed on 5/14/2020 by Lincare Inc. as to Esther D. Tinklenberg. (LNR) |
| Filing 15 NOTICE of Appearance by Jeffrey W. Gibson on behalf of Esther D. Tinklenberg. (Gibson, Jeffrey) |
| Filing 14 NOTICE of Appearance by Thomas Richard Farrior on behalf of Esther D. Tinklenberg. (Farrior, Thomas) |
| Filing 13 PROOF of service by Lincare Inc. (Mullen, John) |
| Filing 12 NOTICE of compliance re 10 Order on Motion for Preliminary Injunction by Lincare Inc. (Mullen, John) |
| Filing 11 NOTICE of TELEPHONIC STATUS HEARING on #9 MOTION for Preliminary Injunction and Memorandum of Law. Status Hearing set for 5/18/2020 at 4:00 PM in Tampa Courtroom 15 B before Judge William F. Jung. Counsel and any unrepresented parties are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the #(pound) key. You will be prompted to enter the security code: 1002 followed by the #(pound) key. This conference will be activated at 3:30 PM so the hearing may start promptly at 4:00 PM. (CCB) |
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Filing 10
ENDORSED ORDER taking under advisement #9 Motion for Preliminary Injunction. Plaintiff is ordered to serve defendant personally with all documents in this case, including this endorsed Order, no later than May 12, 2020. The Court will hold a telephonic status conference on the motion for preliminary injunction on May 18, 2020 at 4:00 pm Eastern time. All parties must attend. Telephone calling directions will be provided on line, at this docket. Signed by Judge William F. Jung on 5/7/2020. (Jung, William)
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| Filing 9 MOTION for Preliminary Injunction and Memorandum of Law by Lincare Inc. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Order)(Mullen, John) |
| Filing 8 SUMMONS issued as to Esther D. Tinklenberg. (BES) |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 5/4/2020. (SAO)
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| Filing 6 PROPOSED summons to be issued by Lincare Inc. (Mullen, John) |
| Filing 5 NOTICE by Lincare Inc. - Civil Cover Sheet (Mullen, John) |
| Filing 4 NOTICE to counsel Blake R. Bailey of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (TDC) |
| Filing 3 NOTICE to counsel John D. Mullen of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other) (Signed by Deputy Clerk). (TDC) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-1002-T-02AAS. (SJB) |
| Filing 1 COMPLAINT - Verified against Esther D. Tinklenberg (Filing fee $ 400 receipt number 113A-16762777) filed by Lincare Inc. (Attachments: #1 Exhibit 1)(Mullen, John) Modified on 5/1/2020 (TDC). |
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| Defendant: Esther D. Tinklenberg | |
| Represented By: | Jeffrey W. Gibson |
| Represented By: | Thomas Richard Farrior |
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| Plaintiff: Lincare Inc. | |
| Represented By: | John D. Mullen |
| Represented By: | Blake A. Bailey |
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