United States of America v. Bacaner et al
| United States of America |
| Theodore Ferguson, II, M.D. Tobias Bacaner, Cobalt Pharmacy, Inc., Jill Bacaner Revocable Trust, Paragon Community Healthcare, Inc., Tobias & Jill Bacaner Revocable Trust, Tobias Bacaner and Timothy Ferguson |
| 8:2021cv00391 |
| February 19, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Other Statutory Actions |
| 21 U.S.C. § 801 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 58
ORDER denying #43 the United States' Motion to Present Testimony by Videoconference. Signed by Magistrate Judge Sean P. Flynn on 4/19/2021. (ACS)
|
|
Filing 57
ENDORSED ORDER granting #51 the parties' Joint Motion for a Status Conference. The undersigned has scheduled a status conference for April 20, 2021, at 3 pm. Signed by Magistrate Judge Sean P. Flynn on 4/19/2021. (ACS)
|
| Filing 56 NOTICE of hearing: Pursuant to the parties' request, the undersigned will convene a status conference on 4/20/2021 at 03:00 PM regarding the upcoming preliminary injunction hearing. The Court intends to conduct the status conference by video conference. Counsel will receive a Zoom video hearing invitation via e-mail separately. Please DO NOT share the hearing invitation with anyone. The parties are hereby reminded that under Local Rule 5.01, no one may broadcast, televise, record or photograph a judicial proceeding, including a proceeding by telephone or video. Furthermore, under Local Rule 5.03(e), if proceeding by telephone or video, participants: (1) must dress in professional attire and use a professional background if either is visible, (2) must use a landline if available, (3) must designate one speaker for each party or interested person, (4) must not participate from a vehicle, (5) must use the mute setting when not speaking, (6) must try to avoid background noise or other interference, (7) must wait for the judge to address the participant before speaking and must not interrupt a speaker, and (8) must start each distinct presentation by saying "this is [name]" or the equivalent. (ACS) |
|
Filing 55
ORDER granting #50 Joint Motion for Protective Order. Signed by Magistrate Judge Sean P. Flynn on 4/19/2021. (ACS)
|
| Filing 54 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc.. (Sisco, Dale) |
| Filing 53 Witness List by Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc.. (Sisco, Dale) |
| Filing 52 Exhibit List for Injunction Hearing by Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc.. (Sisco, Dale) |
| Filing 51 Joint MOTION for Miscellaneous Relief, specifically Status Conference re: April 26 Evidentiary Hearing by United States of America. (Griffin, Lindsay) |
| Filing 50 Joint MOTION for Protective Order by United States of America. (Attachments: #1 Text of Proposed Order)(Griffin, Lindsay) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 49 RESPONSE in Opposition re #43 MOTION for Miscellaneous Relief, specifically to present testimony by video conference filed by Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc. (Sisco, Dale) |
| Filing 48 CASE MANAGEMENT REPORT. (Griffin, Lindsay) |
|
Filing 47
ENDORSED ORDER ruling deferred #43 the United States' Motion to Present Testimony by Videoconference. Defendants are directed to file an expedited response by Friday, April 16, 2021. Signed by Magistrate Judge Sean P. Flynn on 4/12/2021. (ACS)
|
|
Filing 46
ENDORSED ORDER: On March 1, 2021, the Court directed the parties to file a completed case management report by April 5, 2021. (Doc. # 10). A review of the docket reveals that no case management report has been filed. Accordingly, the parties are directed to file a completed case management report by April 14, 2021. Signed by Judge Virginia M. Hernandez Covington on 4/12/2021. (LEA)
|
| Filing 45 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc. (Sisco, Dale) |
| Filing 44 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Cobalt Pharmacy, Inc.(Sisco, Dale) |
| Filing 43 MOTION for Miscellaneous Relief, specifically to present testimony by video conference by United States of America. (Griffin, Lindsay) |
| Filing 42 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Tobias & Jill Bacaner Revocable Trust.(Luka, Philip) |
| Filing 41 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Tobias Bacaner.(Luka, Philip) |
| Filing 40 NOTICE OF RESCHEDULING HEARING: The preliminary injunction hearing previously scheduled for April 6, 2021 is rescheduled. New scheduling date and time: Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction set for 4/26/2021 at 10:00 AM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. (ACS) |
|
Filing 39
ORDER granting #36 Defendants' Unopposed Motion to Continue Preliminary Injunction Hearing. The hearing originally scheduled for April 6, 2021 is continued until April 26, 2021. The hearing will be an evidentiary one. See attached Order for details. Signed by Magistrate Judge Sean P. Flynn on 3/29/2021. (ACS)
|
|
Filing 38
ORDER: Pursuant to the stipulated preliminary injunction between the United States and Cobalt Pharmacy, Inc. (Doc. #35), Cobalt Pharmacy, Inc., shall refrain from altering, destroying, or otherwise disposing of records of Cobalt Pharmacy and from applying for a DEA certificate of registration. Rule 65(d), Federal Rules of Civil Procedure, delineates the persons bound by this injunction, which shall remain in effect until further order of this Court. Signed by Judge Virginia M. Hernandez Covington on 3/29/2021. (LEA)
|
|
Filing 37
ORDER: Pursuant to the stipulated preliminary injunction between the United States, Tobias Bacaner, and the Tobias & Jill Bacaner Revocable Trust (Doc. #34), Dr. Tobias Bacaner shall refrain from prescribing, dispensing, or distributing controlled substances; applying for or seeking renewal of a DEA certificate of registration on behalf of any legal entity; managing, controlling, or operating any legal entity that dispenses, distributes, or administers controlled substances; altering, destroying, or otherwise disposing of records related to Dr. Bacaner's patients at Paragon Clinic and records of Cobalt Pharmacy; and the Tobias & Jill Bacaner Revocable Trust shall refrain from applying for or seeking renewal of a DEA certificate of registration; managing, controlling, or operating any legal entity that dispenses, distributes, or administers controlled substances; altering, destroying, or otherwise disposing of records of Cobalt Pharmacy. Signed by Judge Virginia M. Hernandez Covington on 3/29/2021. (LEA)
|
| Filing 36 Unopposed MOTION to Continue Hearing on Motion for Preliminary Injunction by Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc. (Sisco, Dale) |
| Filing 35 STIPULATION between the USA and Cobalt Pharmacy, Inc. by United States of America. (Attachments: #1 Exhibit A)(Griffin, Lindsay) |
| Filing 34 STIPULATION between the USA and Tobias Bacaner, Tobias & Jill Bacaner Revocable Trust by United States of America. (Attachments: #1 Exhibit A)(Griffin, Lindsay) |
| Filing 33 NOTICE of Appearance by Thomas S. Rosso on behalf of United States of America (Rosso, Thomas) |
|
Filing 32
ENDORSED ORDER granting #28 Motion for Extension of Time to File. Responsive pleading is due by April 9, 2021. Signed by Judge Virginia M. Hernandez Covington on 3/23/2021. (Covington, Virginia)
|
| Filing 31 NOTICE of compliance re #30 Order Setting Hearing on Motion by United States of America (Griffin, Lindsay) |
|
Filing 30
ORDER Setting Hearing on #3 Plaintiff's Motion for Preliminary Injunction: Motion Hearing set for 4/6/2021 at 10:00 AM in Tampa Courtroom 11 B before Magistrate Judge Sean P. Flynn. Signed by Magistrate Judge Sean P. Flynn on 3/22/2021. (ACS)
|
|
Filing 29
ENDORSED ORDER directing Scott B. Dahlquist, to comply with the administrative procedures regarding electronic filing. It appears that counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by April 5, 2021. Signed by Judge Virginia M. Hernandez Covington on 3/22/2021. Signed by Judge Virginia M. Hernandez Covington on 3/22/2021. (TWL)
|
| Filing 28 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants . (Luka, Philip) Modified text on 3/19/2021 (LNR). |
| Filing 27 NOTICE of Appearance by Ronald Patrick Hanes on behalf of Tobias & Jill Bacaner Revocable Trust (Hanes, Ronald) |
| Filing 26 NOTICE of Appearance by Ronald Patrick Hanes on behalf of Tobias Bacaner, Cobalt Pharmacy, Inc. (Hanes, Ronald) |
| Filing 25 NOTICE of a related action per Local Rule 1.07(c) by Tobias & Jill Bacaner Revocable Trust. Related case(s): No (Luka, Philip) |
| Filing 24 NOTICE of a related action per Local Rule 1.07(c) by Tobias Bacaner. Related case(s): No (Luka, Philip) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re 16 Notice to Counsel of Local Rule by Tobias & Jill Bacaner Revocable Trust. (Luka, Philip) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re 16 Notice to Counsel of Local Rule by Tobias Bacaner. (Luka, Philip) |
| Filing 21 NOTICE of Appearance by Philip Matthew Luka on behalf of Tobias & Jill Bacaner Revocable Trust (Luka, Philip) |
| Filing 20 NOTICE of Appearance by Philip Matthew Luka on behalf of Tobias Bacaner, Cobalt Pharmacy, Inc. (Luka, Philip) |
| Filing 19 NOTICE by United States of America of Pendency of Related Actions (Griffin, Lindsay) |
| Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Cobalt Pharmacy, Inc., Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc. Related case(s): No (Sisco, Dale) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re 16 Notice to Counsel of Local Rule by Cobalt Pharmacy, Inc., Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc. (Sisco, Dale) |
| Filing 16 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL) |
| Filing 15 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. (Signed by Deputy Clerk). (TWL) |
| Filing 14 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL) |
|
Filing 13
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 3/4/2021. (TWL)
|
| Filing 12 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (TWL) |
| Filing 11 NOTICE of Appearance by Dale R. Sisco on behalf of Cobalt Pharmacy, Inc., Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc. (Sisco, Dale) |
|
Filing 10
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 5, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 3/1/2021. (LEA)
|
| Filing 9 PROOF of service by United States of America (Griffin, Lindsay) |
| Filing 8 SUMMONS issued as to Cobalt Pharmacy, Inc., Theodore Ferguson, II, Timothy Ferguson, Paragon Community Healthcare, Inc., Tobias & Jill Bacaner Revocable Trust. (BSN) |
| Filing 7 PROPOSED summons to be issued by United States of America. (Griffin, Lindsay) |
| Filing 6 SUMMONS issued as to Tobias Bacaner (JLD). Modified on 2/23/2021 (JLD). |
|
Filing 5
ENDORSED ORDER: The government's motion for preliminary injunction (Doc. #3) is hereby referred to the Honorable Sean P. Flynn, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 2/22/2021. (LEA) Motions referred to Magistrate Judge Sean P. Flynn.
|
| Filing 4 CORPORATE Disclosure Statement by United States of America. (Griffin, Lindsay) |
| Filing 3 MOTION for Preliminary Injunction by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Griffin, Lindsay) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-0391-VMC-SPF. (SJB) |
| Filing 1 COMPLAINT against All Defendants filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Griffin, Lindsay) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
