Farmer v. Humana Inc. et al
Plaintiff: Steven K. Farmer
Defendant: Cotiviti, Inc. and Humana Inc.
Not Classified By Court: Harry Schafer
Case Number: 8:2021cv01478
Filed: June 17, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sean P Flynn
Referring Judge: Mary S Scriven
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2022 Filing 43 REPORT AND RECOMMENDATIONS re #42 MOTION for Attorney Fees filed by Steven K. Farmer. Signed by Magistrate Judge Sean P. Flynn on 12/28/2022. (CED)
September 16, 2022 Filing 42 MOTION for Attorney Fees by Steven K. Farmer. (Attachments: #1 Exhibit Declaration of John A. Yanchunis)(Yanchunis, John) Motions referred to Magistrate Judge Sean P. Flynn.
September 15, 2022 Filing 41 NOTICE of hearing: Final Approval Hearing of a Class Settlement set for 2/8/2023 at 10:00 AM in Tampa Courtroom 7 A before Judge Mary S. Scriven.(MEJ)
June 23, 2022 Opinion or Order Filing 40 ORDER GRANTING #39 Plaintiff's Unopposed Motion to Direct Class Notice and Grant Preliminary Approval of Class Action Settlement. Signed by Judge Mary S. Scriven on 6/23/2022. (APF)
May 23, 2022 Filing 39 Unopposed MOTION for Settlement Motion to Direct Class Notice and Grant Preliminary Approval of Class Action Settlement by Steven K. Farmer. (Attachments: #1 Exhibit A: Settlement Agreement, #2 Exhibit B: Declaration of John A. Yanchunis, #3 Exhibit C: Declaration of William W. Wickersham, #4 Exhibit D: Proposed Preliminary Approval Order)(Yanchunis, John)
May 16, 2022 Opinion or Order Filing 38 ENDORSED ORDER GRANTING #37 the Parties' Joint Motion to Extend Deadline to File Motion for Preliminary Approval of Settlement. The Parties shall have up to and including May 23, 2022 to file a Joint Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Mary S. Scriven on 5/16/2022. (APF)
April 27, 2022 Filing 37 Joint MOTION for Extension of Time to File Preliminary Approval of Settlement by Cotiviti, Inc.. (Brady, Julie)
March 16, 2022 Opinion or Order Filing 36 ENDORSED ORDER EXTENDING the stay of this matter for an additional forty-five (45) days from the date of this Order to allow the Parties to file a Joint Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Mary S. Scriven on 3/16/2022. (APF)
March 16, 2022 Filing 35 Joint NOTICE of settlement by Humana Inc. (Joffe, Jason) Modified on 3/17/2022 (HAI).
February 7, 2022 Opinion or Order Filing 34 ENDORSED ORDER GRANTING #33 the Parties' Joint Motion to Stay Case Pending Completion of Mediation. This matter is hereby STAYED through March 10, 2022. The Clerk is directed to Administratively Close this case for the duration of the stay. The Parties shall file a motion to reopen this case to proceed with the litigation or obtain whatever other relief would be requested within seven (7) days of the expiration of the stay. If the Parties reach a settlement prior to the expiration of the stay, prompt notice shall be provided in accord with Local Rule 3.09. Signed by Judge Mary S. Scriven on 2/7/2022. (APF)
February 4, 2022 Filing 33 Joint MOTION to Stay by Humana Inc. (Joffe, Jason) Modified text on 2/7/2022 (ABC).
January 25, 2022 Opinion or Order Filing 32 ORDER GRANTING IN PART AND DENYING IN PART #15 #16 Defendants' Motions to Dismiss Plaintiff's Complaint. Signed by Judge Mary S. Scriven on 1/25/2022. (MWC)
October 21, 2021 Opinion or Order Filing 31 ENDORSED ORDER GRANTING #30 Joint Motion for Court Approval of Mediator Harry Schafer. The Court approves the Parties' selection of Mr. Schafer as the mediator in this action. Signed by Judge Mary S. Scriven on 10/21/2021. (APF)
October 4, 2021 Filing 30 Joint MOTION for Miscellaneous Relief, specifically Joint Motion for Court Approval of Mediator Harry Schafer and Joint Notice of Mediation Date by Humana Inc. (Attachments: #1 Exhibit A)(Joffe, Jason) Modified on 10/5/2021 (TDC).
September 24, 2021 Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by Steven K. Farmer. (Yanchunis, John)
September 13, 2021 Opinion or Order Filing 28 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 3/13/2023. Jury Trial set for the MAY 2023 TRIAL TERM, which commences May 1, 2023, with a more precise trial date to follow. Conduct mediation hearing by 9/19/2022. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 9/13/2021. (CRB)
August 30, 2021 Opinion or Order Filing 27 ENDORSED ORDER GRANTING #25 Plaintiff's Unopposed Motion to File Single 30-Page Response to Defendants' Motions to Dismiss. Plaintiff shall be permitted to file a single response to Defendants' Motions (Dkts. 15, 16) which shall not exceed thirty (30) pages in length, exclusive of cover pages, table of contents, and table of authorities. Signed by Judge Mary S. Scriven on 8/30/2021. (APF)
August 27, 2021 Filing 26 RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim , #16 MOTION to Dismiss for Failure to State a Claim filed by Steven K. Farmer. (Yanchunis, John)
August 27, 2021 Filing 25 Unopposed MOTION to File Excess Pages (30) in single response to motions to dismiss the complaint by Steven K. Farmer. (Maxey, Ryan)
August 9, 2021 Opinion or Order Filing 24 ENDORSED ORDER GRANTING #21 Plaintiff's Unopposed Motion for Extension of Time to Respond to Motions to Dismiss. Plaintiff shall have up to and including August 27, 2021 to respond to Defendants' motions to dismiss. (Dkts. 15, 16) Signed by Judge Mary S. Scriven on 8/9/2021. (APF)
August 9, 2021 Opinion or Order Filing 23 ENDORSED ORDER granting #19 Motion to Appear Pro Hac Vice. Attorney Paul G. Karlsgodt may appear pro hac vice on behalf of Defendant Cotiviti, Inc. Signed by Magistrate Judge Sean P. Flynn on 8/9/2021. (CKR)
August 9, 2021 Opinion or Order Filing 22 ENDORSED ORDER granting #20 Motion to Appear Pro Hac Vice. Attorney Michelle R. Gomez may appear pro hac vice on behalf of Defendant Cotiviti, Inc. Within twenty-one (21) days of the date of this Order, counsel shall comply with Local Rule 2.01(b)(1)(G), which requires registration with the Middle District CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 8/9/2021. (CKR)
August 5, 2021 Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss for Failure to State a Claim , #16 MOTION to Dismiss for Failure to State a Claim by Steven K. Farmer. (Yanchunis, John)
August 4, 2021 Filing 20 Unopposed MOTION for Michelle R. Gomez to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18552995 for $150 by Cotiviti, Inc. (Brady, Julie) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 8/5/2021 (TDC).
August 4, 2021 Filing 19 Unopposed MOTION for Paul G. Karlsgodt to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18552922 for $150 by Cotiviti, Inc. (Brady, Julie) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 8/5/2021 (TDC).
August 3, 2021 Filing 18 CASE MANAGEMENT REPORT. (Yanchunis, John)
July 30, 2021 Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Cotiviti, Inc. (Brady, Julie) Modified on 7/30/2021 (TDC).
July 30, 2021 Filing 16 MOTION to Dismiss for Failure to State a Claim by Cotiviti, Inc. (Brady, Julie) Modified on 8/2/2021 (TDC).
July 30, 2021 Filing 15 MOTION to Dismiss for Failure to State a Claim by Humana Inc. (Joffe, Jason) Modified on 8/2/2021 (TDC).
July 27, 2021 Opinion or Order Filing 14 ENDORSED ORDER GRANTING #13 Plaintiff's Unopposed Motion for Extension of Time to File Case Management Report. The Parties shall have up to and including August 3, 2021 to file their Case Management Report. Signed by Judge Mary S. Scriven on 7/27/2021. (APF)
July 26, 2021 Filing 13 Unopposed MOTION for Extension of Time to File Case Management Report by Steven K. Farmer. (Yanchunis, John)
July 8, 2021 Opinion or Order Filing 12 ENDORSED ORDER GRANTING #11 Defendant Humana Inc.'s Unopposed Second Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall have up to and including July 30, 2021 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 7/8/2021. (APF)
July 7, 2021 Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal by Humana Inc. (Joffe, Jason) Modified on 7/8/2021 (TDC).
June 24, 2021 Opinion or Order Filing 10 ENDORSED ORDER GRANTING #9 Defendant Cotiviti Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall have up to and including July 30, 2021 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 6/24/2021. (APF)
June 22, 2021 Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by Cotiviti, Inc. (Brady, Julie) Modified on 6/23/2021 (TDC).
June 21, 2021 Opinion or Order Filing 8 ENDORSED ORDER GRANTING #5 Defendant Humana Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall have up to and including July 8, 2021 to file its answer or otherwise respond to the Complaint. Signed by Judge Mary S. Scriven on 6/21/2021. (APF)
June 21, 2021 Filing 7 NOTICE to counsel 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). (CRB)
June 21, 2021 Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Humana Inc. Related case(s): Yes (Joffe, Jason) Modified on 6/21/2021 (TDC).
June 21, 2021 Filing 5 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal and Respond to Complaint by Humana Inc. (Joffe, Jason) Modified on 6/22/2021 (TDC).
June 18, 2021 Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Humana Inc. (Joffe, Jason) Modified on 6/21/2021 (TDC).
June 18, 2021 Filing 3 NOTICE of Appearance by Kimberly J. Donovan on behalf of Humana Inc. (Donovan, Kimberly)
June 17, 2021 Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Sean P. Flynn. New case number: 8:21-cv-1478-MSS-SPF. (SJB)
June 17, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL Defendants' Joint Notice of Removal from Twelfth Judicial Circuit, in and for Sarasota County, Florida, case number 2021-CA-002175 filed in State Court on May 6, 2021. Filing fee $ 402, receipt number AFLMDC-18377393 filed by Humana Inc. (Attachments: #1 State Court COMPLAINT, #2 Exhibit B - Declaration, #3 State Court Docket Sheet, #4 State Court Documents, #5 Civil Cover Sheet)(Joffe, Jason) Modified on 6/21/2021 (TDC).

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Defendant: Cotiviti, Inc.
Represented By: Julie Singer Brady
Represented By: Michelle R. Gomez
Represented By: Paul G. Karlsgodt
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Defendant: Humana Inc.
Represented By: Jason Daniel Joffe
Represented By: Kimberly J. Donovan
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Plaintiff: Steven K. Farmer
Represented By: John A. Yanchek
Represented By: John Allen Yanchunis
Represented By: Ryan D. Maxey
Represented By: Ryan D Maxey
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Not classified by court: Harry Schafer
Represented By: Harry Richard Schafer
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