Cartagena et al v. Martino-Villanueva et al
| Soraliz Cartagena and Nelson Figueroa |
| Maria Martino-Villanueva, Krysta Fee, Suncoast Community Health Centers, Inc. and Women's Care Florida, LLC |
| 8:2022cv00842 |
| April 8, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1346 Tort Claim |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 4, 2022. A more recent docket listing may be available from PACER.
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Filing 52
ENDORSED ORDER granting the parties' #51 joint motion to reschedule the June 7 telephonic hearing to June 17, 2022, at 3:00 p.m. so that each parties' counsel may participate in the hearing. Signed by Judge Kathryn Kimball Mizelle on 6/6/2022. (JMB)
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| Filing 51 Joint MOTION for Miscellaneous Relief, specifically to Reschedule Phone Hearing by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc.. (Wise, Mamie) |
| Filing 50 RESPONSE in Opposition re #44 MOTION to Strike References to Confidential Presuit Process Contained in Plaintiffs' Motion For Leave to File a Reply to United States' Opposition to Plaintiffs' Motion for Leave to Conduct Limited Discovery and to Stay Case, #47 MOTION to Strike #42 Reply to Response to Motion , #34 MOTION to Strike #20 Response in Opposition to Motion , #38 MOTION to Strike #21 Response in Opposition to Motion , #39 MOTION to Strike #24 MOTION to Conduct Limited Discovery MOTION to Stay , #45 MOTION to Strike #40 Reply to Response to Motion, , #46 MOTION to Strike #41 Reply to Response to Motion, , #33 MOTION to Strike #18 MOTION to Remand to State Court of the Tenth Judicial Circuit, in and for Polk County, filed by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) Modified text on 6/6/2022 (LNR). |
| Filing 49 NOTICE of Hearing: Telephonic Motions Hearing scheduled for June 7, 2022 at 3:00 PM before Judge Kathryn Kimball Mizelle. Counsel shall call the AT&T Toll-Free Teleconferencing Services line at 1-877-402-9753 and enter Access Code 5252356. The parties are advised to use a land-based telephone to access the conference. Counsel should be prepared to discuss the pending motions, in particular the plaintiffs' #24 Motion to Conduct Limited Discovery and Stay Case.(GSO) |
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Filing 48
ENDORSED ORDER: The Court directs the plaintiffs to collectively respond to Women's Care's #33 #34 #38 #39 #44 #45 #46 #47 Motions to Strike no later than June 6, 2022. Signed by Judge Kathryn Kimball Mizelle on 6/3/2022. (JMB)
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| Filing 47 MOTION to Strike #42 Reply to Response to Motion by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 46 MOTION to Strike #41 Reply to Response to Motion, by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 45 MOTION to Strike #40 Reply to Response to Motion, by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 44 MOTION to Strike References to Confidential Presuit Process Contained in Plaintiffs' Motion For Leave to File a Reply to United States' Opposition to Plaintiffs' Motion for Leave to Conduct Limited Discovery and to Stay Case by Women's Care Florida, LLC. (McLaughlin, Mindy) |
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Filing 43
ENDORSED ORDER granting #35 #36 #37 unopposed motions for leave to file replies. The replies must be filed by June 10, 2022. The replies may not exceed seven pages--inclusive of all their parts. Signed by Judge Kathryn Kimball Mizelle on 6/1/2022. (JMB)
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| Filing 42 REPLY to Response to Motion re #18 MOTION to Remand to State Court of the Tenth Judicial Circuit, in and for Polk County, filed by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) |
| Filing 41 REPLY to Response to Motion re #17 MOTION to Stay MOTION to Compel Arbitration filed by Soraliz Cartagena, Nelson Figueroa. (Attachments: #1 Exhibit A - Order Granting Mtn by WCF to Stay and Compel Arbitration, #2 Exhibit B - Excerpt from Unsworn Statement of Dr. Martin, #3 Exhibit C - Request No.14 Seeks Contracts Between Dr. Martino and WCF-Suncoast)(Gilbert, Jonathan) |
| Filing 40 REPLY to Response to Motion re #17 MOTION to Stay MOTION to Compel Arbitration filed by Soraliz Cartagena, Nelson Figueroa. (Attachments: #1 Exhibit A - Order Granting Mtn by WCF to Stay and Compel Arbitration, #2 Exhibit B - Excerpt from Unsworn Statement of Dr. Martin, #3 Exhibit C - Request No.14 Seeks Contracts Between Dr. Martino and WCF-Suncoast)(Gilbert, Jonathan) |
| Filing 39 MOTION to Strike #24 MOTION to Conduct Limited Discovery MOTION to Stay by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 38 MOTION to Strike #21 Response in Opposition to Motion by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 37 MOTION for Miscellaneous Relief, specifically Leave To File a Reply to Plaintiffs' Memorandum of Law in Opposition to WCF's Motion To Dismiss by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 36 Unopposed MOTION for Miscellaneous Relief, specifically Motion For Leave to File a Reply to United States' Response in Opposition to Plaintiffs' Motion to Conduct Limited Discovery and to Stay Case (Dkt. 32) by All Plaintiffs. (Gilbert, Jonathan) |
| Filing 35 Unopposed MOTION for Miscellaneous Relief, specifically Motion For Leave to File a Reply to Women's Care Florida LLC's Response in Opposition to Plaintiffs' Motion to Conduct Limited Discovery and to Stay Case (Dkt. 31) by All Plaintiffs. (Gilbert, Jonathan) |
| Filing 34 MOTION to Strike #20 Response in Opposition to Motion by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 33 MOTION to Strike #18 MOTION to Remand to State Court of the Tenth Judicial Circuit, in and for Polk County, by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 32 MEMORANDUM in opposition re #24 Motion for Discovery, Motion to Stay filed by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc. (Wise, Mamie) Modified as to punctuation on 5/26/2022 (JK). |
| Filing 31 RESPONSE to Motion re #24 MOTION to Conduct Limited Discovery MOTION to Stay filed by Women's Care Florida, LLC. (McLaughlin, Mindy) |
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Filing 30
ENDORSED ORDER granting plaintiffs' #25 #26 #29 unopposed motions for leave to file replies to the defendants' responses. By May 31, 2022, the plaintiffs must file their replies. The replies may not exceed seven pages--inclusive of all their parts. Signed by Judge Kathryn Kimball Mizelle on 5/19/2022. (JMB)
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| Filing 29 UNOPPOSSED MOTION for Leave to File a Reply to United States #27 Opposition to Plaintiffs Motion to Remand. by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) Modified text on 5/18/2022 (AG). |
| Filing 28 CASE MANAGEMENT REPORT. (Gilbert, Jonathan) |
| Filing 27 MEMORANDUM in opposition re #18 Motion to Remand to State Court filed by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc. (Wise, Mamie) Modified text on 5/16/2022 (AG). |
| Filing 26 UNOPPOSED MOTION For Leave to File a Reply to Women's Care Florida LLC's #23 Response to Plaintiffs Motion to Stay and Compel Arbitration by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) Modified text on 5/18/2022 (AG). |
| Filing 25 UNOPPOSED MOTION For Leave to File a Reply to United States #22 Response to Plaintiffs' Motion to Stay and Compel Arbitration, by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) Modified text on 5/16/2022 (AG). |
| Filing 24 MOTION to Conduct Limited Discovery and Stay Case by All Plaintiffs. (Gilbert, Jonathan) . Added MOTION to Stay and modified text on 5/12/2022 (AG). |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Stay MOTION to Compel Arbitration filed by Women's Care Florida, LLC. (Attachments: #1 Exhibit A: OB Imaging, #2 Exhibit B: WCF Billing Records, #3 Exhibit C: Second Amended Complaint)(McLaughlin, Mindy) |
| Filing 22 RESPONSE in Opposition re #17 MOTION to Stay MOTION to Compel Arbitration filed by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc. (Wise, Mamie) Modified text on 5/11/2022 (AG). |
| Filing 21 RESPONSE in Opposition re #7 MOTION to Dismiss Plaintiffs' Complaint filed by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) |
| Filing 20 RESPONSE in Opposition re #6 MOTION to Dismiss Complaint filed by Soraliz Cartagena, Nelson Figueroa. (Attachments: #1 Exhibit - Green Card - Suncoast NOI, #2 Exhibit - FTCA Notice for Suncoast_Redacted, #3 Exhibit - Green Card- Martino, #4 Exhibit - Green Card - Women's Care, #5 Exhibit - Re. Executed Std. Form 95 to DHHS_Redacted, #6 Exhibit - Green Card - Midwife Fee NOI, #7 Exhibit - May 5 2020 FTCA request for info_Redacted, #8 Exhibit - Ds (Dr. Martino & Womens Care FL, LLC) Resp to PSD_Redacted, #9 Exhibit - RE_Administrative Tort Claim_Redacted, #10 Exhibit - NICA 2017 Participating Physicians, #11 Exhibit - Martino noted as referring physician for UPT at Suncoast, #12 Exhibit - Soraliz Depo Excerpt_Redacted, #13 Exhibit - Supp Discovery SunCoast Community Health_Redacted)(Gilbert, Jonathan) Modified text on 5/9/2022 (AG). |
| Filing 19 RESPONSE to Motion re #5 MOTION to Substitute Party filed by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) |
| Filing 18 MOTION to Remand to State Court of the Tenth Judicial Circuit, in and for Polk County, by All Plaintiffs. (Attachments: #1 Exhibit Exh A - Federal Tort Claims Act Health Policy Manual, #2 Exhibit Exh B - Women's Health Provider Physician Independent Contractor Agreement, #3 Exhibit Exh C - Medical Records Dr. Martino treated Plaintiff, #4 Exhibit Exh D - Letters with test results that are addressed to Plaintiff)(Gilbert, Jonathan) |
| Filing 17 MOTION to Stay and MOTION to Compel Arbitration by All Plaintiffs. (Attachments: #1 Exhibit "A" - Arbitration Agreement, #2 Exhibit "B" - Order and arbitration agreement)(Gilbert, Jonathan) . Modified text and event on 4/27/2022 (AG). |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc. Related case(s): Yes (Wise, Mamie) Modified text on 4/27/2022 (AG). |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc. (Wise, Mamie) Modified text on 4/27/2022 (AG). |
| Filing 14 CORPORATE Disclosure Statement by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Women's Care Florida, LLC. Related case(s): Yes (McLaughlin, Mindy) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order by Soraliz Cartagena, Nelson Figueroa. (Gilbert, Jonathan) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Soraliz Cartagena, Nelson Figueroa. Related case(s): Yes (Gilbert, Jonathan) |
| Filing 10 NOTICE of Lead Counsel Designation by Mindy McLaughlin on behalf of Women's Care Florida, LLC. Lead Counsel: Mindy McLaughlin. (McLaughlin, Mindy) |
| Filing 9 NOTICE to counsel Mindy McLaughlin and Carissa R. Wheeler 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). (AG) |
| Filing 8 JOINDER in motion by Women's Care Florida, LLC re #6 MOTION to Dismiss Complaint filed by Krysta Fee, Suncoast Community Health Centers, Inc., Maria Martino-Villanueva . (McLaughlin, Mindy) |
| Filing 7 MOTION to Dismiss Plaintiffs' Complaint by Women's Care Florida, LLC. (McLaughlin, Mindy) |
| Filing 6 MOTION to Dismiss Complaint by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Wise, Mamie) Modified text on 4/18/2022 (AG). |
| Filing 5 MOTION to Substitute Party by Krysta Fee, Maria Martino-Villanueva, and Suncoast Community Health Centers, Inc. (Attachments: #1 Exhibit 1)(Wise, Mamie) Modified text on 4/18/2022 (AG). |
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Filing 4
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after the case was removed for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 4/11/2022. (JMB)
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| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0842-KKM-SPF. (SJB) |
| Filing 2 SUPPLEMENT re #1 Notice of Removal; NOTICE OF REMOVAL by Krysta Fee, Maria Martino-Villanueva, Suncoast Community Health Centers, Inc., Women's Care Florida, LLC. (Wise, Mamie) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 10th Judicial Circuit Court, Polk County, case number 2021-CA-000336 filed in State Court on 02/05/2021. Filed by All Defendants. (Attachments: #1 State Court Docket Sheet, #2 State Court Other Documents, #3 Exhibit Scope of Employment, #4 Civil Cover Sheet)(Wise, Mamie) |
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