Government Employees Insurance Co. et al v. David Kalin, M.D. et al
Plaintiff: Government Employees Insurance Co., Geico Indemnity Co., GEICO General Insurance Company and GEICO Casualty Co.
Defendant: David Kalin, M.D., Himes Walk In Clinic L.L.C., Maikel Cabrera L.M.T., Norma Cabezas, L.M.T., Evelin Perez, L.M.T., Josefina Sosa, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Marisol Vazquez, L.M.T., Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T., Ybor Medical Injury and Accident Clinic, Inc., Angela Duncan, Maria Padron, L.M.T., Nova Diagnostics, Corp, Antonia Guerra, Marie Antoinette Brister, M.D., Patrick Lee Agdamag, M.D., Maria Ramos, L.M.T., Janet De La Cruz, L.M.T. and Josefina Sosa
Not Classified By Court: Gregory P. Holder and Norman Gerstein
Case Number: 8:2021cv02556
Filed: November 1, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Julie S Sneed
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. ยง 1961 Racketeering (RICO) Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2022 Opinion or Order Filing 158 ENDORSED ORDER: All parties are directed to participate in an in-person mediation before mediator Gregory Holder by December 21, 2022. Plaintiff is directed to file the notice of mediation by July 12, 2022. Signed by Judge Virginia M. Hernandez Covington on 6/27/2022. (DMD)
June 27, 2022 Opinion or Order Filing 157 ENDORSED ORDER: In this Court's order appointing mediator (Doc. #95), the Court directed 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." Additionally, that order provided that "neither party may cancel the mediation without first obtaining leave of Court, even if the parties have reached a settlement." Although the date of the mediation was subsequently changed, the Court reiterated that "all rules outlined in the previous order appointing mediator still apply." (Doc. # 135). Thus, all parties were well aware of the requirement for both individual defendants and the corporate representatives of corporate defendants to appear at mediation in person along with their counsel. Yet, the mediator's report (Doc. # 155-1) makes clear that most defendants flouted the Court's order and failed to appear, with only four defendants appearing in person. This is unacceptable. Thus, a second round of mediation will be ordered by the Court. Additionally, the following defendants who failed to appear at the June 23 mediation are directed to show cause by July 6, 2022, why sanctions should not be imposed for violating the Court's order: David Kalin, Himes Walk In Clinic L.L.C., Maikel Cabrera, Norma Cabezas, Evelin Perez, Josefina Sosa, Yahumara Ugarte, Marie Antoinette Brister, Maria Ramos, and Janet De La Cruz. Signed by Judge Virginia M. Hernandez Covington on 6/27/2022. (DMD)
June 27, 2022 Opinion or Order Filing 156 ENDORSED ORDER: On the basis of the mediation report (Doc. # 155-1), this cause is hereby dismissed as to Defendants Ybor Medical Injury and Accident Clinic, Inc and Angela Duncan only, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60-day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement or consent judgment because such failure to perform should be addressed in a separate breach of contract action. The case remains open as to the claims against the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 6/27/2022. (DMD)
June 24, 2022 Filing 155 MEDIATION report Hearing held on 6/23/2022. Hearing outcome: Impasse; settled as to Defendants, Ybor Medical Injury, Accident Clinic, Inc. and Angela Duncan. (Attachments: #1 Exhibit Mediator's Report)(Marino, John)
June 23, 2022 Opinion or Order Filing 154 ENDORSED ORDER: Pursuant to Judge Sneed's May 3, 2022 order (Doc. #133), Defendant Evelin Perez's counsel withdrew from the case and Perez was given 20 days to obtain new counsel. Perez was told that, if she failed to obtain new counsel, she would then have to proceed pro se in this action. The 20-day deadline has passed, and no new counsel has appeared on Perez's behalf. Thus, Perez is currently proceeding in this action pro se, meaning that she is representing herself in this case. Now, Perez has filed a motion for extension of time, stating that she needs an "extension of time to get a new attorney." (Doc. #153). The Court construes the motion as requesting an extension of the deadline to obtain new counsel that was set by Judge Sneed's May 3 order. This motion is denied without prejudice for failure to comply with Local Rule 3.01(g). Local Rule 3.01(g) provides that "before filing a motion in a civil action,... the movant must confer with the opposing party in a good faith effort to resolve the motion" and must include a certification that she conferred with the opposing party and stating whether the other party opposes the motion. No such certification is included in Perez's motion. Although she is currently pro se, Perez is expected to comply with all Court rules and orders. This includes the requirement for Perez to attend the June 23, 2022 scheduled mediation (Doc. # 135) in person. Signed by Judge Virginia M. Hernandez Covington on 6/23/2022. (DMD)
June 21, 2022 Filing 153 MOTION for Extension of Time to obtain Counsel by Evelin Perez, L.M.T. (BES)
June 21, 2022 Filing 152 NOTICE of Serving Plaintiffs' Motion and Supporting Memorandum for Default Final Judgment on Defendant, Patrick Lee Agdamag, M.D. by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit Federal Express Delivery Receipt for Patrick Lee Agdamag, M.D.)(Wenger, Kristen)
June 14, 2022 Filing 150 Minute Entry. Virtual Proceedings held before Magistrate Judge Julie S. Sneed: on 6/14/2022. (DIGITAL) (CDR)
June 14, 2022 Opinion or Order Filing 149 ORDER granting in part and denying in part #129 Defendant Personal Rehabilitation Center Inc.'s Motion to Compel. See order for details. Signed by Magistrate Judge Julie S. Sneed on June 14, 2022. (TLM)
June 14, 2022 Opinion or Order Filing 148 ORDER granting in part and denying in part #119 Plaintiffs' Motion to Compel. Signed by Magistrate Judge Julie S. Sneed on June 14, 2022. (TLM)
June 10, 2022 Opinion or Order Filing 147 ENDORSED ORDER denying without prejudice the motion for default judgment against two defendants. (Doc. #146). While the Court appreciates Plaintiffs' filing their motion, it is the Court's practice not to enter final default judgments against certain defendants while the claims against other defendants are still pending. Accordingly, Plaintiffs may refile their motion for default judgment after their claims against all other defendants are resolved. Signed by Judge Virginia M. Hernandez Covington on 6/10/2022. (DMD)
June 10, 2022 Filing 146 MOTION for Default Judgment against Nova Diagnostics, Corp, Patrick Lee Agdamag, M.D. by All Plaintiffs. (Attachments: #1 Exhibit Declarations)(Marino, John)
May 20, 2022 Filing 141 NOTICE of hearing on motion re #129 MOTION to Compel to Overrule Objections and Compel Answers to Interrogatories MOTION for Discovery . Motion Hearing set for 6/14/2022 at 02:00 PM in Zoom Video Conference before Magistrate Judge Julie S. Sneed. The Clerk will be sending everyone an invitation to the meeting via email. Although the hearing is taking place by video, all parties and witnesses should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited(CDR)
May 18, 2022 Filing 140 CERTIFICATE of interested persons and corporate disclosure statement by Norma Cabezas, L.M.T. (Fernandez, Ralph) Modified on 5/19/2022 DOCUMENT TERMINATED, Discovery (BES).
May 11, 2022 Filing 139 CORPORATE Disclosure Statement by Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T. (Touger, Joseph)
May 11, 2022 Opinion or Order Filing 138 ENDORSED ORDER In light of #136 Plaintiffs' Notice of Resolution and Withdrawal of Motion, the clerk is directed to terminate #130 Plaintiff's motion to Compel. Signed by Magistrate Judge Julie S. Sneed on May 11, 2022. (TLM)
May 11, 2022 Filing 137 MEMORANDUM in opposition re #129 Motion to CompelMotion for Discovery filed by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit, #2 Exhibit)(Marino, John)
May 10, 2022 Filing 136 NOTICE of withdrawal of motion by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. re #130 MOTION to Compel Responses to Discovery From the Personal Rehabilitation Defendants filed by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Marino, John)
May 3, 2022 Opinion or Order Filing 135 ENDORSED ORDER granting the unopposed motion to reschedule mediation. (Doc. #134). The in-person mediation before Norman Gerstein will now take place on June 23, 2022. All rules outlined in the previous order appointing mediator (Doc. #95) still apply. Signed by Judge Virginia M. Hernandez Covington on 5/3/2022. (DMD)
May 3, 2022 Filing 134 Unopposed MOTION to Modify #95 Order /Motion to Reschedule the Date of Mediation by All Plaintiffs. (Wenger, Kristen)
May 3, 2022 Opinion or Order Filing 133 ORDER granting #122 Motion to Withdraw as Attorney. Attorney Kenneth Brian Schurr terminated. Signed by Magistrate Judge Julie S. Sneed on May 3, 2022. (TLM)
May 2, 2022 Opinion or Order Filing 132 ENDORSED ORDER: Pursuant to the stipulation of dismissal (Doc. #131), the claims against Defendants Florida Wellness Center, Inc., Janis Gomez, and Marisol Vazquez are dismissed without prejudice and without costs. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 5/2/2022. (DMD)
April 29, 2022 Filing 131 STIPULATION of Dismissal of Defendants, Florida Wellness Center, Inc., Janis Gomez and Marisol Vazquez, L.M.T. by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Marino, John)
April 29, 2022 Filing 130 MOTION to Compel Responses to Discovery From the Personal Rehabilitation Defendants by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Marino, John) Motions referred to Magistrate Judge Julie S. Sneed.
April 28, 2022 Filing 129 MOTION to Compel to Overrule Objections and Compel Answers to Interrogatories , MOTION for Discovery by Personal Rehabilitation Center Inc. (Attachments: #1 Exhibit Ex. A to Motion to Compel)(Touger, Joseph) Motions referred to Magistrate Judge Julie S. Sneed. Modified on 4/29/2022 (BES).
April 27, 2022 Filing 128 NOTICE of Appearance of Andrew P. Baratta Appearance by Joseph Matthew Touger on behalf of David Kalin, M.D., Himes Walk In Clinic L.L.C. (Touger, Joseph)
April 19, 2022 Filing 127 NOTICE of Appearance by Joseph Matthew Touger on behalf of David Kalin, M.D., Himes Walk In Clinic L.L.C. (Touger, Joseph)
April 18, 2022 Filing 126 NOTICE of change of address by Andrew P Baratta (Baratta, Andrew)
April 14, 2022 Filing 125 REPLY to Response to Motion re #122 MOTION for Kenneth Schurr to Withdraw as Attorney of Record for Defendants, Maikel Cabrera, L.M.T., Evelin Perez, L.M.T., and Josefina Sosa, L.M.T., filed by Evelin Perez, L.M.T., Maikel Cabrera L.M.T., Josefina Sosa. (Schurr, Kenneth) Modified text on 4/15/2022 (AG).
April 14, 2022 Filing 124 REPLY to Response to Motion re #122 MOTION for Kenneth Schurr to Withdraw as Attorney of Record for Defendants, Maikel Cabrera, L.M.T., Evelin Perez, L.M.T., and Josefina Sosa, L.M.T., filed by Florida Wellness Center, Inc., Janis Gomez, Janet De La Cruz, L.M.T., Marisol Vazquez, L.M.T. (Schurr, Kenneth) Modified text on 4/15/2022 (AG).
April 14, 2022 Filing 123 RESPONSE to Motion re #122 MOTION for Kenneth Schurr to Withdraw as Attorney of Record for Defendants, Maikel Cabrera, L.M.T., Evelin Perez, L.M.T., and Josefina Sosa, L.M.T., filed by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Wenger, Kristen) Modified on 4/15/2022 (AG).
April 14, 2022 Filing 122 MOTION for Kenneth Schurr to Withdraw as Attorney of Record for Defendants, Maikel Cabrera, L.M.T., Evelin Perez, L.M.T., and Josefina Sosa, L.M.T., by Florida Wellness Center, Inc., Janis Gomez, Janet De La Cruz, L.M.T., Marisol Vazquez, L.M.T. (Schurr, Kenneth) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 4/15/2022 (AG).
April 7, 2022 Filing 119 MOTION to Compel Defendants Maikel Cabrera, L.M.T., Evelin Perez, L.M.T., and Josefina Sosa, L.M.T. to Respond to GEICO's First Set of Interrogatories and First Set of Documents Requests by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Wenger, Kristen) Motions referred to Magistrate Judge Julie S. Sneed.
March 29, 2022 Opinion or Order Filing 118 ENDORSED ORDER: The claims against Defendant Antonia Guerra are dismissed without prejudice for failure to serve. (Doc. #117). The Clerk is directed to terminate Guerra as a party to this action. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022. (DMD)
March 29, 2022 Filing 117 RESPONSE TO ORDER TO SHOW CAUSE re 116 Order filed by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Marino, John)
March 28, 2022 Opinion or Order Filing 116 ENDORSED ORDER: The extended deadline to serve Defendant Antonia Guerra was March 23, 2022. (Doc. # 101). That date has passed, but no proof of service for Guerra has been filed. Accordingly, Plaintiffs are directed to show cause by March 31, 2022, why the claims against Guerra should not be dismissed without prejudice for failure to serve. Signed by Judge Virginia M. Hernandez Covington on 3/28/2022. (DMD)
March 24, 2022 Opinion or Order Filing 114 ORDER granting #111 Counsel's Motion to Withdraw. The Clerk is directed to terminate attorney Kenneth Schurr. Signed by Magistrate Judge Julie S. Sneed on March 24, 2022. (TLM)
March 18, 2022 Filing 111 First MOTION to Withdraw as Counsel of Record for Defendants David Kalin, M.D. and Himes Walk In Clinic, LLC. by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T., Josefina Sosa. (Schurr, Kenneth)
March 16, 2022 Filing 110 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Marie Antoinette Brister, M.D.(Knaust, Margaret) Modified on 3/17/2022 (BES).
March 15, 2022 Opinion or Order Filing 109 ORDER granting #102 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on March 15, 2022. (TLM)
March 11, 2022 Filing 108 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by David Kalin, M.D., Evelin Perez, L.M.T., Himes Walk In Clinic L.L.C., Maikel Cabrera L.M.T., Josefina Sosa.(Schurr, Kenneth)
March 11, 2022 Filing 107 Defendant's ANSWER and affirmative defenses to Complaint by Florida Wellness Center, Inc., Janis Gomez, Marisol Vazquez, L.M.T. (Schurr, Kenneth)
March 11, 2022 Filing 106 Defendant's ANSWER and affirmative defenses to Complaint with Jury Demand by Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T. (Touger, Joseph)
March 9, 2022 Opinion or Order Filing 105 ENDORSED ORDER: As Plaintiffs report that the parties resolved the attorneys' fees issue amicably (Doc. #104), the Court need not determine the amount of reasonable attorney's fees as it originally anticipated in its February 25, 2022 order. (Doc. # 96). Signed by Judge Virginia M. Hernandez Covington on 3/9/2022. (DMD)
March 9, 2022 Filing 104 NOTICE of Resolution of Attorneys' Fees Issue by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. re 96 Order (Marino, John) Modified on 3/10/2022 (BES).
March 7, 2022 Filing 102 Unopposed MOTION for Yonatan Bernstein to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19310859 for $150 by All Plaintiffs. (Attachments: #1 Exhibit 1 - Proposed Order)(Marino, John) Motions referred to Magistrate Judge Julie S. Sneed.
March 3, 2022 Opinion or Order Filing 101 ENDORSED ORDER granting the second motion for extension of time to serve Defendant Guerra. (Doc. #100). Service is now due March 23, 2022. No further extensions of this deadline will be granted. Signed by Judge Virginia M. Hernandez Covington on 3/3/2022. (DMD)
March 2, 2022 Filing 100 MOTION for Miscellaneous Relief, specifically Plaintiff's Unopposed Motion and Supporting Memorandum to Extend Time for Service of Complaint by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Marino, John)
March 2, 2022 Opinion or Order Filing 99 ORDER: Defendant Marie Antoinette Brister's Motion for Partial Dismissal of Complaint (Doc. #80) is DENIED. Defendant's answer to the complaint is due within fourteen days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 3/2/2022. (DMD)
February 28, 2022 Filing 97 NOTICE by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T., Josefina Sosa (Schurr, Kenneth)
February 25, 2022 Filing 98 Minute Entry. Virtual Proceedings held before Judge Virginia M. Hernandez Covington: MOTION HEARING held on 2/25/2022 re #48 MOTION to Dismiss Plaintiff's Complaint filed by Yahumara Ugarte, L.M.T., Personal Rehabilitation Center Inc., Ariel Santos, #73 MOTION for Joinder filed by Janet De La Cruz, L.M.T., #65 Joint MOTION to Dismiss Plaintiff's Complaint filed by David Kalin, M.D., Maikel Cabrera L.M.T., Florida Wellness Center, Inc., Evelin Perez, L.M.T., Josefina Sosa, Janis Gomez, Himes Walk In Clinic L.L.C., Marisol Vazquez, L.M.T., Norma Cabezas, L.M.T. Court Reporter: Bill Jones (MEJ)
February 25, 2022 Opinion or Order Filing 96 ENDORSED ORDER: For the reasons stated on the record at the February 25 hearing, the motion for joinder (Doc. #73) is granted but the two motions to dismiss (Doc. # #48, #65) are denied. The relevant Defendants' answers to the complaint are due by March 11, 2022. Because Plaintiffs are the prevailing parties on the anti-SLAPP motions, Plaintiffs are entitled to reasonable fees and costs incurred defending against the anti-SLAPP motions. So that the Court can determine the amount of reasonable fees and costs, Plaintiffs are directed to file a motion for their fees and costs supported by an affidavit by March 9, 2022. Signed by Judge Virginia M. Hernandez Covington on 2/25/2022. (DMD)
February 18, 2022 Opinion or Order Filing 95 ORDER appointing Norman Gerstein as mediator in this action. The mediation conference is scheduled for May 17, 2022 at 10:00 a.m. 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. Signed by Judge Virginia M. Hernandez Covington on 2/18/2022. (DMD)
February 17, 2022 Filing 94 NOTICE of mediation conference/hearing to be held on May 17, 2022 at 10:00 a.m. before Normal S. Gerstein. (Marino, John)
February 16, 2022 Filing 93 Clerk's ENTRY OF DEFAULT as to Patrick Lee Agdamag, M.D. (BES)
February 11, 2022 Filing 92 MOTION for Clerk's Default against Patrick Lee Agdamag, M.D. by All Plaintiffs. (Attachments: #1 Exhibit 1 - Affidavit, #2 Exhibit 2 - Proposed Order)(Marino, John) Motions referred to Magistrate Judge Julie S. Sneed.
February 8, 2022 Filing 91 NOTICE OF RESCHEDULING HEARING: The Motion Hearing hearing previously scheduled for 2/18/2022 is rescheduled. New scheduling date and time: Motion Hearing set for 2/25/2022 at 03:30 PM in Zoom Video Conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Magaly Justiniano, at Magaly_justiniano@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(MEJ)
February 4, 2022 Filing 90 ANSWER and affirmative defenses to #1 Complaint by Angela Duncan, Ybor Medical Injury and Accident Clinic, Inc. (Bane, Frank)
February 4, 2022 Filing 89 Clerk's ENTRY OF DEFAULT as to Nova Diagnostics, Corp (BES)
February 4, 2022 Filing 88 MEMORANDUM in opposition re #80 Motion to Dismiss /to Antoinette Brister M.D.'s Motion for Partial Dismissal of Complaint filed by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Wenger, Kristen)
February 3, 2022 Filing 87 Amended MOTION for Clerk's Default against Nova Diagnostics, Corp by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wenger, Kristen) Modified on 2/4/2022 (BES).
February 3, 2022 Filing 86 MOTION for Clerk's Default against Nova Diagnostics, Corp by All Plaintiffs. (Attachments: #1 Exhibit 1)(Wenger, Kristen) Modified on 2/4/2022 (BES).
February 3, 2022 Opinion or Order Filing 85 ENDORSED ORDER granting the joint motion to reschedule the February 18, 2022, hearing. (Doc. #83). The Clerk is directed to reschedule the hearing to a later date. Signed by Judge Virginia M. Hernandez Covington on 2/3/2022. (DMD)
February 2, 2022 Opinion or Order Filing 84 ORDER granting #82 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Julie S. Sneed on February 2, 2022. (TLM)
February 2, 2022 Filing 83 Joint MOTION for Miscellaneous Relief, specifically to Reschedule Hearing on Defendant's Motions to Dismiss by All Plaintiffs. (Wenger, Kristen)
February 1, 2022 Filing 82 MOTION for Andrew P. Baratta to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19183251 for $150 by Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T.. (Touger, Joseph) Motions referred to Magistrate Judge Julie S. Sneed.
February 1, 2022 Opinion or Order Filing 81 ENDORSED ORDER: Based on the proof of service document Plaintiffs have filed (Doc. #72), the deadline for Defendant Nova Diagnostics to file its answer has passed, but no answer has been filed. And Plaintiffs have failed to promptly apply to the Clerk for entry of default as to this Defendant. Accordingly, the Court directs Plaintiffs to promptly apply to the Clerk for entry of default. Signed by Judge Virginia M. Hernandez Covington on 2/1/2022. (DMD)
January 31, 2022 Filing 80 MOTION for Partial Dismissal of Complaint by Marie Antoinette Brister, M.D. (Knaust, Margaret) Modified on 2/1/2022 (BES).
January 31, 2022 Opinion or Order Filing 79 ENDORSED ORDER granting in part and denying in part the motion to extend the service deadline for Defendant Guerra. (Doc. #77). The service deadline for Defendant Guerra is now March 2, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/31/2022. (DMD)
January 31, 2022 Filing 78 MEMORANDUM in opposition re #73 Motion for Joinder, #65 Motion to Dismiss filed by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit 1)(Marino, John)
January 31, 2022 Filing 77 MOTION for Miscellaneous Relief, specifically Plaintiffs' Unopposed Motion and Supporting Memorandum To Extend Time For Service of Complaint by All Plaintiffs. (Marino, John)
January 27, 2022 Opinion or Order Filing 76 ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/27/2022. (MEJ)
January 27, 2022 Opinion or Order Filing 75 ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #74), 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 1/27/2022. (MEJ)
January 27, 2022 Opinion or Order Filing 74 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 5/11/2023 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the June 2023 Trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 12/21/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/27/2022. (MEJ)
January 25, 2022 Filing 73 MOTION for Joinder by Janet De La Cruz, L.M.T. (Schurr, Kenneth)
January 24, 2022 Filing 72 RETURN of service executed on 12/20/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Nova Diagnostics, Corp. (Attachments: #1 Affidavit of Service for Nova Diagnostics, Corp)(Wenger, Kristen)
January 24, 2022 Filing 71 RETURN of service executed on 1/19/22 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Patrick Lee Agdamag, M.D. (Attachments: #1 Affidavit of Service for Patrick Lee Agdamag, M.D.)(Wenger, Kristen)
January 24, 2022 Filing 70 CASE MANAGEMENT REPORT. (Marino, John)
January 21, 2022 Filing 69 NOTICE by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T. re #65 Joint MOTION to Dismiss Plaintiff's Complaint (Schurr, Kenneth)
January 21, 2022 Filing 68 NOTICE OF RESCHEDULING HEARING: The Motion hearing hearing previously scheduled for 2/2/2022 is rescheduled. New scheduling date and time: Motion Hearing re #48 MOTION to Dismiss Plaintiff's Complaint and re #65 Joint Motion to Dismiss Plaintiff's Complaint is set for 2/18/2022 at 10:00 AM via Zoom Video Conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Magaly Justiniano, at Magaly_justiniano@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. (TWL)
January 21, 2022 Opinion or Order Filing 67 ENDORSED ORDER: The Clerk is directed to reschedule the February 2 hearing on the Personal Rehab Defendants' motion to dismiss (Doc. #48) to a date sometime after February 10, 2022. Additionally, that rescheduled hearing will now also address certain other Defendants' motion to dismiss (Doc. #65). Signed by Judge Virginia M. Hernandez Covington on 1/21/2022. (DMD)
January 21, 2022 Opinion or Order Filing 66 ENDORSED ORDER granting the unopposed motions for extension of time to respond to complaint. (Doc. # #63, #64). The Court accepts as timely these Defendants' motion to dismiss. (Doc. #65). Signed by Judge Virginia M. Hernandez Covington on 1/21/2022. (DMD)
January 20, 2022 Filing 65 Joint MOTION to Dismiss Plaintiff's Complaint by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T., Norma Cabezas, L.M.T. (Attachments: #1 Exhibit Affidavit of Kalin, #2 Exhibit Affidavit of Gomez, #3 Exhibit Global list)(Schurr, Kenneth)
January 20, 2022 Filing 64 MOTION for Extension of Time to File Response/Reply by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T. (Schurr, Kenneth)
January 20, 2022 Filing 63 MOTION for Extension of Time to File Answer by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T. (Schurr, Kenneth)
January 20, 2022 Opinion or Order Filing 62 ENDORSED ORDER: The deadline for Defendants David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., and Marisol Vazquez, L.M.T. to file their answers has passed. (Doc. # 39). But no answers have been filed. And Plaintiffs have failed to promptly apply to the Clerk for entry of default as to these Defendants. Accordingly, the Court directs Plaintiffs to promptly apply to the Clerk for entry of default for the relevant Defendants. Signed by Judge Virginia M. Hernandez Covington on 1/20/2022. (DMD)
January 20, 2022 Filing 61 NOTICE of hearing on motion re #48 MOTION to Dismiss Plaintiff's Complaint . Motion Hearing set for 2/2/2022 at 1:30 PM in Zoom Video Conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 5.01 the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. (TWL)
January 20, 2022 Opinion or Order Filing 60 ENDORSED ORDER: The Clerk is directed to set a Zoom hearing on Defendants Personal Rehabilitation Center Inc., Ariel Santos, and Yahumara Ugarte's motion to dismiss (Doc. #48) for sometime in early February, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/20/2022. (DMD)
January 18, 2022 Opinion or Order Filing 59 ENDORSED ORDER granting the unopposed motion to set aside the Clerk's entry of default as to Janet De La Cruz. (Doc. #57). The Clerk is directed to set aside the entry of default as to De La Cruz. (Doc. #43). De La Cruz's response to the complaint is now due January 25, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/18/2022. (DMD)
January 18, 2022 Opinion or Order Filing 58 ENDORSED ORDER: Pursuant to the stipulation of dismissal as to Defendant Maria Padron (Doc. #56), all claims asserted against Padron are dismissed without prejudice and without costs. The Clerk is directed to terminate Padron as a party to this action. Signed by Judge Virginia M. Hernandez Covington on 1/18/2022. (DMD)
January 18, 2022 Filing 57 MOTION to Vacate #43 Clerk's Entry of Default by Janet De La Cruz, L.M.T. (Schurr, Kenneth)
January 18, 2022 Filing 56 STIPULATION of Dismissal as to Defendant Maria Padron, L.M.T. by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Marino, John)
January 13, 2022 Filing 55 RETURN of service executed on 12/9/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Maria Ramos, L.M.T. (Attachments: #1 Affidavit of Service for Maria Ramos, LMT)(Wenger, Kristen)
January 13, 2022 Filing 54 RETURN of service executed on 12/9/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Marisol Vazquez, L.M.T. (Attachments: #1 Affidavit of Service for Marisol Vazquez, LMT)(Wenger, Kristen)
January 11, 2022 Filing 53 MEMORANDUM in opposition re #48 Motion to Dismiss filed by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Marino, John)
January 10, 2022 Filing 52 NOTICE of Appearance by Margaret R Knaust on behalf of Marie Antoinette Brister, M.D. (Knaust, Margaret)
January 10, 2022 Filing 51 NOTICE of Appearance by Kenneth Brian Schurr on behalf of Janet De La Cruz, L.M.T. (Schurr, Kenneth)
December 30, 2021 Opinion or Order Filing 50 ENDORSED ORDER granting the unopposed motion for extension of time to file Case Management Report. (Doc. #47). Counsel are directed to meet and confer, in person or by telephone, and by January 24, 2022, 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 12/30/2021. (DMD)
December 29, 2021 Filing 49 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Maria Ramos, L.M.T.(BES)
December 29, 2021 Filing 48 MOTION to Dismiss Plaintiff's Complaint by Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Touger, Joseph)
December 23, 2021 Filing 47 MOTION for Extension of Time to File Unopposed Motion for Extension of Time for Parties to Submit Case Management Report by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Wenger, Kristen)
December 20, 2021 Filing 46 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Norma Cabezas, L.M.T.(Fernandez, Ralph)
December 20, 2021 Opinion or Order Filing 45 ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. # 44). Defendants Ybor Medical & Accident Clinic, Angela Duncan, and Maria Padron's responses are now due February 3, 2022. Signed by Judge Virginia M. Hernandez Covington on 12/20/2021. (CTL)
December 20, 2021 Filing 44 Unopposed MOTION for Extension of Time to File Answer to the Complaint by Angela Duncan, Maria Padron, L.M.T., Ybor Medical Injury and Accident Clinic, Inc. (Bane, Frank)
December 17, 2021 Filing 43 Clerk's ENTRY OF DEFAULT as to Janet De La Cruz, L.M.T. (BES)
December 16, 2021 Filing 42 MOTION for Clerk's Default against Janet De La Cruz, L.M.T. by All Plaintiffs. (Attachments: #1 Exhibit 1 - Declaration of Kristen L. Wenger, #2 Exhibit 2 - Proposed Order)(Marino, John) Motions referred to Magistrate Judge Julie S. Sneed.
December 16, 2021 Opinion or Order Filing 41 ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. #40). Defendant Marie Antoinette Brister's response is now due January 31, 2022. The Court will be disinclined to extend this deadline further. Signed by Judge Virginia M. Hernandez Covington on 12/16/2021. (DMD)
December 16, 2021 Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Marie Antoinette Brister, M.D. (Goldsmith, John)
December 16, 2021 Opinion or Order Filing 39 ENDORSED ORDER granting in part and denying in part the unopposed motion for extension of time to respond to the complaint. (Doc. #38). Defendants David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., and Marisol Vazquez, L.M.T.'s responses are now due January 17, 2022. Additionally, the Court advises the parties that only the Court can grant an extension of deadlines set by the Federal or Local Rules or by this Court--an informal agreement between the parties has no effect. Signed by Judge Virginia M. Hernandez Covington on 12/16/2021. (DMD)
December 16, 2021 Filing 38 MOTION for Extension of Time to File Answer by David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T. (Schurr, Kenneth)
December 15, 2021 Opinion or Order Filing 37 ENDORSED ORDER: Based on the proof of service documents Plaintiffs have filed, the deadline for numerous Defendants to file their answers has passed, but no answers have been filed. And Plaintiffs have failed to promptly apply to the Clerk for entry of default as to these Defendants. Accordingly, the Court directs Plaintiffs to promptly apply to the Clerk for entry of default for the relevant Defendants. Signed by Judge Virginia M. Hernandez Covington on 12/15/2021. (DMD)
December 14, 2021 Filing 36 STATUS report of Efforts to Serve All Defendants by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Wenger, Kristen) Modified text on 12/15/2021 (MCB).
December 14, 2021 Filing 35 RETURN of service executed on 11/13/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Maikel Cabrera L.M.T. (Attachments: #1 Affidavit of Service for Maikel Cabrera, LMT)(Wenger, Kristen) Modified text on 12/15/2021 (MCB).
December 14, 2021 Filing 34 RETURN of service executed on 11/10/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Ybor Medical Injury and Accident Clinic, Inc. (Attachments: #1 Affidavit of Service for Ybor Medical Injury and Accident Clinic, Inc)(Wenger, Kristen) Modified text on 12/15/2021 (MCB).
December 14, 2021 Filing 33 RETURN of service executed on 11/17/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Josefina Sosa, L.M.T. (Attachments: #1 Affidavit of Service for Josefina Sosa, LMT)(Wenger, Kristen) Modified text on 12/15/2021 (MCB).
December 13, 2021 Filing 32 SUMMONS issued as to Antonia Guerra, Nova Diagnostics, Corp. (LNR)
December 10, 2021 Filing 31 RETURN of service executed on 11/10/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Marie Antoinette Brister, M.D. (Attachments: #1 Affidavit of Service for Marie Antoinette Brister, M.D.)(Wenger, Kristen)
December 10, 2021 Filing 30 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Yahumara Ugarte, L.M.T. (Attachments: #1 Affidavit of Service for Yahumara Ugarte, L.M.T.)(Wenger, Kristen)
December 10, 2021 Filing 29 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Personal Rehabilitation Center Inc. (Attachments: #1 Affidavit of Service for Personal Rehabilitation Center, Inc.)(Wenger, Kristen)
December 10, 2021 Filing 28 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Janis Gomez. (Attachments: #1 Affidavit of Service for Janis Gomez)(Wenger, Kristen)
December 10, 2021 Filing 27 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Florida Wellness Center, Inc. (Attachments: #1 Affidavit of Service for Florida Wellness Center, Inc.)(Wenger, Kristen)
December 10, 2021 Filing 26 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Janet De La Cruz, L.M.T. (Attachments: #1 Affidavit of Service for Janet De La Cruz, L.M.T.)(Wenger, Kristen)
December 10, 2021 Filing 25 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Evelin Perez, L.M.T. (Attachments: #1 Affidavit of Service for Evelin Perez, L.M.T.)(Wenger, Kristen)
December 10, 2021 Filing 24 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Norma Cabezas, L.M.T. (Attachments: #1 Affidavit of Service for Norma Cabezas, L.M.T.)(Wenger, Kristen)
December 10, 2021 Filing 23 RETURN of service executed on 11/10/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Angela Duncan. (Attachments: #1 Affidavit of Service for Angela Duncan)(Wenger, Kristen)
December 10, 2021 Filing 22 RETURN of service executed on 11/8/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Ariel Santos. (Attachments: #1 Affidavit of Service for Ariel Santos)(Wenger, Kristen)
December 10, 2021 Filing 21 RETURN of service executed on 11/11/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to David Kalin, M.D. (Attachments: #1 Affidavit of Service for David Kalin, M.D.)(Wenger, Kristen)
December 10, 2021 Filing 20 RETURN of service executed on 11/13/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Maria Padron, L.M.T. (Attachments: #1 Affidavit of Service for Maria Padron, L.M.T.)(Wenger, Kristen)
December 10, 2021 Filing 19 RETURN of service executed on 11/11/21 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, GEICO Casualty Co. as to Himes Walk In Clinic L.L.C. (Attachments: #1 Affidavit of Service for Himes Walk In Clinic L.L.C.)(Wenger, Kristen)
December 10, 2021 Filing 18 NOTICE by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. of Filing Proposed Summonses. (Attachments: #1 Exhibit Antonio Guerra Summons, #2 Exhibit Nova Diagnostics, Corp Summons)(Wenger, Kristen)
December 10, 2021 Filing 17 NOTICE of Appearance by John D. Goldsmith on behalf of Marie Antoinette Brister, M.D. (Goldsmith, John)
December 9, 2021 Filing 16 NOTICE of Appearance by Kenneth Brian Schurr on behalf of David Kalin, M.D., Evelin Perez, L.M.T., Florida Wellness Center, Inc., Janis Gomez, Himes Walk In Clinic L.L.C., Josefina Sosa, L.M.T., Maikel Cabrera L.M.T., Marisol Vazquez, L.M.T. (Schurr, Kenneth)
December 8, 2021 Opinion or Order Filing 15 ENDORSED ORDER: Plaintiffs are directed to file a status report on their efforts to serve all Defendants and any proof of service by December 14, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/8/2021. (DMD)
December 1, 2021 Opinion or Order Filing 14 ENDORSED ORDER granting the unopposed motion for extension of time to respond. (Doc. #12) Defendants Angela Duncan, Maria Padron, L.M.T., and Ybor Medical Injury and Accident Clinic, Inc.'s responses to the complaint now due December 30, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/1/2021. (DMD)
December 1, 2021 Filing 13 NOTICE of Appearance by Frank John Bane on behalf of Angela Duncan, Maria Padron, L.M.T., Ybor Medical Injury and Accident Clinic, Inc. (Bane, Frank)
December 1, 2021 Filing 12 Unopposed MOTION for Extension of Time to File Answer to the Complaint by Angela Duncan, Maria Padron, L.M.T., Ybor Medical Injury and Accident Clinic, Inc. (Bane, Frank)
November 24, 2021 Opinion or Order Filing 11 ENDORSED ORDER granting #8 Motion for Extension of Time to File; granting in part and denying in part #10 Motion for Extension of Time to File. Defendants Personal Rehabilitation Center, Inc., Ariel Santos, Yahumara Ugarte, L.M.T., and Norma Cabezas, L.M.T. were all served on November 8, 2021, making their responses due by November 29, 2021. Given the length and complexity of the Complaint, the Court will grant these Defendants an additional 30 days in which to respond. Defendants Personal Rehabilitation Center, Inc., Ariel Santos, Yahumara Ugarte, L.M.T., and Norma Cabezas, L.M.T.'s responses to the Complaint are due by December 29, 2021. Signed by Judge Virginia M. Hernandez Covington on 11/24/2021. (SGM)
November 23, 2021 Filing 10 MOTION for Extension of Time to File Appropriate Motions or Responsive Pleadings by Norma Cabezas, L.M.T. (Fernandez, Ralph)
November 23, 2021 Filing 9 NOTICE of Appearance by Ralph E. Fernandez on behalf of Norma Cabezas, L.M.T. (Fernandez, Ralph)
November 23, 2021 Filing 8 Unopposed MOTION for Extension of Time to File Answer to the Complaint by Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T. (Touger, Joseph)
November 23, 2021 Filing 7 NOTICE of Appearance by Joseph Matthew Touger on behalf of Personal Rehabilitation Center Inc., Ariel Santos, Yahumara Ugarte, L.M.T. (Touger, Joseph)
November 12, 2021 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. identifying Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway, Inc. for GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co. (Marino, John)
November 5, 2021 Filing 5 NOTICE of Lead Counsel Designation by John Patrick Marino on behalf of GEICO Casualty Co., GEICO General Insurance Company, Geico Indemnity Co., Government Employees Insurance Co.. Lead Counsel: John P. Marino. (Marino, John)
November 2, 2021 Filing 4 SUMMONS issued as to All Defendants. (LNR)
November 2, 2021 Filing 3 NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LNR)
November 1, 2021 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2556-VMC-JSS. (SJB)
November 1, 2021 Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18878921) filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet, #7 Proposed Summons)(Marino, John)

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Search for this case: Government Employees Insurance Co. et al v. David Kalin, M.D. et al
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Plaintiff: Government Employees Insurance Co.
Represented By: John Patrick Marino
Represented By: Kristen Lindsay Wenger
Represented By: Lindsey R. Trowell
Represented By: Yonatan M. Bernstein
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Plaintiff: Geico Indemnity Co.
Represented By: John Patrick Marino
Represented By: Kristen Lindsay Wenger
Represented By: Lindsey R. Trowell
Represented By: Yonatan M. Bernstein
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Plaintiff: GEICO General Insurance Company
Represented By: John Patrick Marino
Represented By: Kristen Lindsay Wenger
Represented By: Lindsey R. Trowell
Represented By: Yonatan M. Bernstein
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Plaintiff: GEICO Casualty Co.
Represented By: John Patrick Marino
Represented By: Kristen Lindsay Wenger
Represented By: Lindsey R. Trowell
Represented By: Yonatan M. Bernstein
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Defendant: David Kalin, M.D.
Represented By: Kenneth Brian Schurr
Represented By: Andrew P Baratta
Represented By: Joseph Matthew Touger
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Defendant: Himes Walk In Clinic L.L.C.
Represented By: Kenneth Brian Schurr
Represented By: Andrew P Baratta
Represented By: Joseph Matthew Touger
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Defendant: Maikel Cabrera L.M.T.
Represented By: Kenneth Brian Schurr
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Defendant: Norma Cabezas, L.M.T.
Represented By: Ralph E. Fernandez
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Defendant: Evelin Perez, L.M.T.
Represented By: Kenneth Brian Schurr
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Defendant: Josefina Sosa, L.M.T.
Represented By: Kenneth Brian Schurr
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Defendant: Florida Wellness Center, Inc.
Represented By: Kenneth Brian Schurr
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Defendant: Janis Gomez
Represented By: Kenneth Brian Schurr
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Defendant: Marisol Vazquez, L.M.T.
Represented By: Kenneth Brian Schurr
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Defendant: Personal Rehabilitation Center Inc.
Represented By: Joseph Matthew Touger
Represented By: Andrew P Baratta
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Defendant: Ariel Santos
Represented By: Joseph Matthew Touger
Represented By: Andrew P Baratta
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Defendant: Yahumara Ugarte, L.M.T.
Represented By: Joseph Matthew Touger
Represented By: Andrew P Baratta
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Defendant: Ybor Medical Injury and Accident Clinic, Inc.
Represented By: Frank John Bane
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Defendant: Angela Duncan
Represented By: Frank John Bane
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Defendant: Maria Padron, L.M.T.
Represented By: Frank John Bane
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Defendant: Nova Diagnostics, Corp
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Defendant: Antonia Guerra
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Defendant: Marie Antoinette Brister, M.D.
Represented By: John D. Goldsmith
Represented By: Margaret R Knaust
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Defendant: Patrick Lee Agdamag, M.D.
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Defendant: Maria Ramos, L.M.T.
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Defendant: Janet De La Cruz, L.M.T.
Represented By: Kenneth Brian Schurr
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Defendant: Josefina Sosa
Represented By: Kenneth Brian Schurr
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Not classified by court: Gregory P. Holder
Represented By: Gregory P. Holder
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Not classified by court: Norman Gerstein
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