PainTEQ, LLC v. Omnia Medical, LLC

Plaintiff:	PainTEQ, LLC
Defendant:	Omnia Medical, LLC and Chad Subasic
Not Classified By Court:	Gregory P. Holder and Peter J. Grilli
Case Number:	8:2020cv02805
Filed:	November 30, 2020
Court:	US District Court for the Middle District of Florida
Presiding Judge:	Virginia M Hernandez Covington
Referring Judge:	Amanda Arnold Sansone
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Defendant

Docket Report

This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 22, 2021	Filing 40 ENDORSED ORDER: Defendant Omnia Medical, LLC's unopposed Motion for Extension of Time (Doc. #39) is granted. The parties' mandatory initial disclosures are now due January 27, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/22/2021. (AR)
January 22, 2021	Filing 39 Unopposed MOTION for Extension of Time to File Initial Disclosures by Omnia Medical, LLC. (Davis, Matthew)
January 13, 2021	Filing 38 ORDER appointing Gregory P. Holder, Esq. as mediator in this action. The mediation conference is scheduled for June 24, 2021, at 8:30 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 1/13/2021. (AR)
January 13, 2021	Filing 37 NOTICE of mediation conference/hearing to be held on June 24, 2021 before Gregory P. Holder. (Leuthauser, Ryan)
January 12, 2021	Filing 36 ENDORSED ORDER: Plaintiff and Counterclaim-Defendant PainTEQ, LLC's unopposed Motion for Extension of Time (Doc. #34) is granted. PainTEQ's responses to Defendant and Counterclaim-Plaintiff Omnia Medical, LLC's Counterclaim (Doc. #20) and Motion to Transfer Venue (Doc. #21) are now due February 5, 2021. Signed by Judge Virginia M. Hernandez Covington on 1/12/2021. (AR)
January 12, 2021	Filing 35 NOTICE of Appearance by David L. Luikart, III on behalf of PainTEQ, LLC (Luikart, David)
January 12, 2021	Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Change Venue / Transfer Case with Incorporated Memorandum in Support, #20 Counterclaim by PainTEQ, LLC. (Leuthauser, Ryan)
January 11, 2021	Filing 33 NOTICE of Appearance by Thomas James Banks on behalf of PainTEQ, LLC (Banks, Thomas)
January 11, 2021	Filing 32 NOTICE of Appearance by Stephen E. Kelly on behalf of PainTEQ, LLC (Kelly, Stephen)
January 7, 2021	Filing 31 ENDORSED ORDER: The parties' joint "Motion for Extension of Time to Coordinate Mediation" (Doc. #30) is granted. The deadline to file the notice of mediation is now January 15, 2021. Given Peter Grilli, Esq.'s unavailability, the Court now appoints Gregory P. Holder, Esq., of Zinober Diana & Monteverde P.A., to serve as mediator in this case. The mediation deadline of July 6, 2021, remains in place. Signed by Judge Virginia M. Hernandez Covington on 1/7/2021. (AR)
January 6, 2021	Filing 30 Joint MOTION for Miscellaneous Relief, specifically Extension of Time to Coordinate Mediation by All Plaintiffs. (Leuthauser, Ryan)
December 23, 2020	Filing 29 ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/23/2020. (TWL)
December 23, 2020	Filing 28 ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. # 27), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 12/23/2020. (TWL)
December 23, 2020	Filing 27 CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 7/6/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 12/23/2020. (TWL)
December 22, 2020	Filing 26 ENDORSED ORDER: Plaintiff PainTEQ, LLC's unopposed Motion for Extension (Doc. #24) is granted. PainTEQ's response to Defendant Omnia Medical, LLC's Counterclaim (Doc. #20) is now due January 22, 2021. PainTEQ's response to Omnia Medical's Motion to Transfer Venue (Doc. #21) is now due January 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/22/2020. (AR)
December 22, 2020	Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #22 Case Management Report by Omnia Medical, LLC. (Davis, Matthew)
December 21, 2020	Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Change Venue / Transfer Case with Incorporated Memorandum in Support, #20 Counterclaim and Affirmative and Other Defenses by PainTEQ, LLC. (Leuthauser, Ryan)
December 21, 2020	Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by PainTEQ, LLC identifying Other Affiliate OMT Group LLC, Other Affiliate Colty Investments, Inc., Other Affiliate C4 Medical, Inc., Other Affiliate LaNeve, Sean, Other Affiliate Girsch, Christopher, Other Affiliate Girsch, Charles for PainTEQ, LLC. (Leuthauser, Ryan)
December 21, 2020	Filing 22 CASE MANAGEMENT REPORT. (Leuthauser, Ryan)
December 18, 2020	Filing 21 MOTION to Change Venue / Transfer Case with Incorporated Memorandum in Support by Omnia Medical, LLC. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Davis, Matthew)
December 18, 2020	Filing 20 ANSWER and affirmative defenses to #10 Second Amended Complaint with Jury Demand, COUNTERCLAIM against PainTEQ, LLC filed by Omnia Medical, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Davis, Matthew)
December 17, 2020	Filing 19 NOTICE of pendency of related cases per Local Rule 1.04(d) by PainTEQ, LLC. Related case(s): No (Leuthauser, Ryan)
December 17, 2020	Filing 18 NOTICE of pendency of related cases per Local Rule 1.04(d) by Omnia Medical, LLC. Related case(s): No (Davis, Matthew)
December 9, 2020	Filing 17 ENDORSED ORDER: In light of Defendant Omnia Medical, LLC's Response to the Court's November 30, 2020, Order (Doc. #14), the Motion for Extension of Time is denied as moot. (Doc. #8). Signed by Judge Virginia M. Hernandez Covington on 12/9/2020. (AR) Modified on 12/9/2020 (AR).
December 9, 2020	Filing 16 ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice. Attorney Ralph E. Cascarilla 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 12/9/2020. (BEE)
December 9, 2020	Filing 15 Verified MOTION for Ralph E. Cascarilla to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17641904 for $150 by Omnia Medical, LLC. (Attachments: #1 Exhibit A)(Davis, Matthew) Motions referred to Magistrate Judge Amanda Arnold Sansone.
December 7, 2020	Filing 14 RESPONSE re 4 Order Regarding Damages filed by Omnia Medical, LLC. (Attachments: #1 Exhibit A)(Davis, Matthew)
December 4, 2020	Filing 13 NOTICE by Omnia Medical, LLC re #8 MOTION for Extension of Time to File Response/Reply as to 4 Order regarding Amount in Controversy and Authorizing Limited Discovery Before the Rule 26 Conference. (Davis, Matthew)
December 4, 2020	Filing 12 ENDORSED ORDER finding as moot #7 Motion to Compel per #11 Notice. Signed by Magistrate Judge Amanda Arnold Sansone on 12/4/2020. (BEE)
December 4, 2020	Filing 11 NOTICE by PainTEQ, LLC re #7 MOTION to Compel Better Responses to Request for Production. Plaintiff's Notice Regarding Docket Entry #7. (Leuthauser, Ryan)
December 4, 2020	Filing 10 SECOND AMENDED COMPLAINT against Omnia Medical, LLC filed by PainTEQ, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Leuthauser, Ryan)
December 3, 2020	Filing 9 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/17/2020. Signed by Judge Virginia M. Hernandez Covington on 12/3/2020. (TWL)
December 2, 2020	Filing 8 MOTION for Extension of Time to File Response/Reply as to 4 Order; regarding Amount in Controversy and Authorizing Limited Discovery Before the Rule 26 Conference by Omnia Medical, LLC. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C.)(Davis, Matthew)
December 1, 2020	Filing 6 NOTICE to counsel Sharon Bidka Urbanek of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov. (Signed by Deputy Clerk) (JLD)
December 1, 2020	Filing 5 NOTICE to counsel Ralph E. Cascarilla of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov. (Signed by Deputy Clerk) (JLD)
November 30, 2020	Filing 7 MOTION to Compel Better Responses to Request for Production by Chad Subasic. Filed in State Court 07/16/2020 (JLD) Motions referred to Magistrate Judge Amanda Arnold Sansone.
November 30, 2020	Filing 4 ENDORSED ORDER: On November 30, 2020, Defendant Omnia Medical, LLC, removed the case from state court on the basis of diversity jurisdiction. (Doc. #1). However, the Complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). Because Omnia Medical, LLC, provides no concrete factual support that Plaintiff PainTEQ, LLC's damages exceed $75,000, the Court is unable to determine whether the amount in controversy has been met by PainTEQ's damages claim without engaging in heavy speculation. (Doc. # #1; 1-1). Accordingly, Omnia is directed to provide the Court with more information by December 7, 2020, regarding the amount of damages in order to establish that the amount in controversy has been satisfied. Signed by Judge Virginia M. Hernandez Covington on 11/30/2020. (AR)
November 30, 2020	Filing 3 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 21, 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 11/30/2020. (AR)
November 30, 2020	Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-2805-T-33AAS. (SJB)
November 30, 2020	Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit in and for Hillsborough County, case number 20-CA-3136 filed in State Court on April 8, 2020. Filing fee $ 400, receipt number 113A-17600260 filed by Omnia Medical, LLC. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 Exhibit B, #3 State Court Docket Sheet, #4 State Court Other Documents Composite Exhibit C Part 1 of 2, #5 State Court Other Documents Composite Exhibit C Part 2 of 2, #6 Civil Cover Sheet)(Davis, Matthew) Modified on 11/30/2020 (JLD).

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Search for this case: PainTEQ, LLC v. Omnia Medical, LLC
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Defendant: Omnia Medical, LLC
Represented By:	Ralph E. Cascarilla
Represented By:	Matthew G. Davis
Represented By:	E.A. Mills, Jr.
Represented By:	Ralph Edward Cascarilla
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Defendant: Chad Subasic
Represented By:	Sharon Bidka Urbanek
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Plaintiff: PainTEQ, LLC
Represented By:	Ryan M. Guerin
Represented By:	Ryan James Leuthauser
Represented By:	Gregory P. Brown
Represented By:	Thomas James Banks
Represented By:	David L. Luikart, III
Represented By:	Stephen E. Kelly
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Not classified by court: Gregory P. Holder
Represented By:	Gregory P. Holder
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Not classified by court: Peter J. Grilli
Represented By:	Peter John Grilli
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