America First Insurance Company et al v. Electrostim Medical Services, Inc. et al
| America First Insurance Company, American Fire and Casualty Company, American States Insurance Company, American States Preferred Insurance Company, Employers Insurance Company of Wausau, Excelsior Insurance Company, First National Insurance Company of America, Helmsman Management Services LLC, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, LM Insurance Corporation, LM General Insurance Company, LM Property and Casualty Insurance, Ohio Security Insurance Company, Peerless Indemnity Insurance Company, Peerless Insurance Company, Safeco Insurance Company of America, Safeco Insurance Company of Illinois, Safeco Insurance Company of Indiana, Safeco Insurance Company of Oregon, The First Liberty Insurance Corporation, The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Wausau Underwriters Insurance Company and West American Insurance Company |
| Electrostim Medical Services, Inc. and Mario Garcia, Jr. |
| 8:2022cv01517 |
| July 5, 2022 |
| US District Court for the Middle District of Florida |
| Steven D Merryday |
| Christopher P Tuite |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 30 NOTICE to counsel Jonathan C. Magpantay,Jeffrey G. Rapattoni,Steven Schuetz of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (CTR) |
| Filing 29 CORPORATE Disclosure Statement by Electrostim Medical Services, Inc., Mario Garcia, Jr. (Carlson, Charles) |
| Filing 28 NOTICE to the Courts to take judicial notice regarding and Supporting Memorandum of Law by Electrostim Medical Services, Inc., Mario Garcia, Jr. (Attachments: #1 Exhibit)(Carlson, Charles) |
| Filing 27 MOTION to Dismiss for Partial Dismissal for Lack of Subject Matter Jurisdiction and Memorandum of Law by Electrostim Medical Services, Inc., Mario Garcia, Jr. (Carlson, Charles) |
| Filing 26 MOTION to Dismiss for Failure to State Cause of Action Under Rule 12 (b)(6) and For Lack of Pleading Particularity Under Rule 9(b) and Memorandum of Law by Electrostim Medical Services, Inc., Mario Garcia, Jr. (Attachments: #1 Exhibit)(Carlson, Charles) |
| Filing 25 NOTICE of a related action per Local Rule 1.07(c) by America First Insurance Company, American Fire and Casualty Company, American States Insurance Company, American States Preferred Insurance Company, Employers Insurance Company of Wausau, Excelsior Insurance Company, First National Insurance Company of America, Helmsman Management Services LLC, LM General Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Ohio Security Insurance Company, Peerless Indemnity Insurance Company, Peerless Insurance Company, Safeco Insurance Company of America, Safeco Insurance Company of Illinois, Safeco Insurance Company of Indiana, Safeco Insurance Company of Oregon, The First Liberty Insurance Corporation, The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Wausau Underwriters Insurance Company, West American Insurance Company. Related case(s): No (Galinskie, Holly) |
| Filing 24 CORPORATE Disclosure Statement by America First Insurance Company, American Fire and Casualty Company, American States Insurance Company, American States Preferred Insurance Company, Employers Insurance Company of Wausau, Excelsior Insurance Company, First National Insurance Company of America, Helmsman Management Services LLC, LM General Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Ohio Security Insurance Company, Peerless Indemnity Insurance Company, Peerless Insurance Company, Safeco Insurance Company of America, Safeco Insurance Company of Illinois, Safeco Insurance Company of Indiana, Safeco Insurance Company of Oregon, The First Liberty Insurance Corporation, The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Wausau Underwriters Insurance Company, West American Insurance Company identifying Corporate Parent Liberty Mutual Group Inc for America First Insurance Company, American Fire and Casualty Company, American States Insurance Company, American States Preferred Insurance Company, Employers Insurance Company of Wausau, Excelsior Insurance Company, First National Insurance Company of America, Helmsman Management Services LLC, LM General Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Ohio Security Insurance Company, Peerless Indemnity Insurance Company, Peerless Insurance Company, Safeco Insurance Company of America, Safeco Insurance Company of Illinois, Safeco Insurance Company of Indiana, Safeco Insurance Company of Oregon, The First Liberty Insurance Corporation, The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Wausau Underwriters Insurance Company, West American Insurance Company.. (Galinskie, Holly) |
Filing 23
ENDORSED ORDER: The defendants' unopposed motion (Doc. #22) to extend the time within which to respond to the complaint is GRANTED. Not later than AUGUST 29, 2022, the defendants must respond to the complaint. Signed by Judge Steven D. Merryday on 8/8/2022. (KRM)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Electrostim Medical Services, Inc., Mario Garcia, Jr. (Carlson, Charles) |
| Filing 21 RETURN of service executed on August 1, 2022 by Liberty Mutual Fire Insurance Company, Safeco Insurance Company of Illinois, First National Insurance Company of America, The Ohio Casualty Insurance Company, Ohio Security Insurance Company, American Fire and Casualty Company, Safeco Insurance Company of Indiana, America First Insurance Company, Peerless Indemnity Insurance Company, Safeco Insurance Company of Oregon, Liberty Mutual Mid-Atlantic Insurance Company, LM Property and Casualty Insurance, Wausau Underwriters Insurance Company, The Netherlands Insurance Company, Excelsior Insurance Company, West American Insurance Company, American States Insurance Company, Liberty County Mutual Insurance Company, Liberty Mutual Insurance Company, Safeco Insurance Company of America, LM General Insurance Company, LM Insurance Corporation, Helmsman Management Services LLC, American States Preferred Insurance Company, The First Liberty Insurance Corporation, Peerless Insurance Company, Liberty Insurance Corporation, Employers Insurance Company of Wausau as to Mario Garcia, Jr. (Galinskie, Holly) |
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Filing 20
ENDORSED ORDER granting Plaintiffs' #18 Motion for Admission of Jonathan C. Magpantay to Appear Pro Hac Vice. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 7/22/2022. (WFM)
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Filing 19
ENDORSED ORDER granting Plaintiffs' #17 Motion for Admission of Jeffrey G. Rapattoni to Appear Pro Hac Vice. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 7/22/2022. (WFM)
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| Filing 18 Amended MOTION for Jonathan C. Magpantay to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19789817 for $150 by All Plaintiffs. (Galinskie, Holly) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 17 Second MOTION for Jeffrey G. Rapattoni to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19789528 for $150 by All Plaintiffs. (Galinskie, Holly) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 16 RETURN of service executed on 7/18/22 by Liberty Mutual Fire Insurance Company, Safeco Insurance Company of Illinois, First National Insurance Company of America, The Ohio Casualty Insurance Company, Ohio Security Insurance Company, American Fire and Casualty Company, Safeco Insurance Company of Indiana, America First Insurance Company, Peerless Indemnity Insurance Company, Safeco Insurance Company of Oregon, Liberty Mutual Mid-Atlantic Insurance Company, LM Property and Casualty Insurance, Wausau Underwriters Insurance Company, The Netherlands Insurance Company, Excelsior Insurance Company, West American Insurance Company, American States Insurance Company, Liberty County Mutual Insurance Company, Liberty Mutual Insurance Company, Safeco Insurance Company of America, LM General Insurance Company, LM Insurance Corporation, Helmsman Management Services LLC, American States Preferred Insurance Company, The First Liberty Insurance Corporation, Peerless Insurance Company, Liberty Insurance Corporation, Employers Insurance Company of Wausau as to Electrostim Medical Services, Inc.. (Galinskie, Holly) |
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Filing 15
ENDORSED ORDER granting Plaintiffs' #14 Motion for Admission of Steven Schuetz to Appear Pro Hac Vice. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 7/15/2022. (WFM)
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| Filing 14 First MOTION for Steven Schuetz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19769310 for $150 by All Plaintiffs. (Galinskie, Holly) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 13
ENDORSED ORDER denying without prejudice Plaintiffs' #11 Motion for Admission of Jonathan C. Magpantay to Appear Pro Hac Vice. It appears that counsel has not complied with Local Rules 2.01(c)(4), (5). Signed by Magistrate Judge Christopher P. Tuite on 7/12/2022. (WFM)
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Filing 12
ENDORSED ORDER denying without prejudice Plaintiffs' #10 Motion for Admission of Jeffrey G. Rapattoni to Appear Pro Hac Vice. It appears that counsel has not complied with Local Rules 2.01(c)(4), (5). Signed by Magistrate Judge Christopher P. Tuite on 7/11/2022. (WFM)
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| Filing 11 First MOTION for Jonathan C. Magpantay to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19760097 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Galinskie, Holly) Motions referred to Magistrate Judge Christopher P. Tuite. Modified on 7/12/2022 (CTR). |
| Filing 10 First MOTION for Jeffrey G. Rapattoni to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19750610 for $150 by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Galinskie, Holly) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 7/8/2022 (MCB). |
| Filing 9 NOTICE of Lead Counsel Designation by Holly Galinskie on behalf of America First Insurance Company, American Fire and Casualty Company, American States Insurance Company, American States Preferred Insurance Company, Employers Insurance Company of Wausau, Excelsior Insurance Company, First National Insurance Company of America, Helmsman Management Services LLC, LM General Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Ohio Security Insurance Company, Peerless Indemnity Insurance Company, Peerless Insurance Company, Safeco Insurance Company of America, Safeco Insurance Company of Illinois, Safeco Insurance Company of Indiana, Safeco Insurance Company of Oregon, The First Liberty Insurance Corporation, The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Wausau Underwriters Insurance Company, West American Insurance Company. Lead Counsel: Holly C. Galinskie. (Galinskie, Holly) |
| Filing 8 SUMMONS issued as to Electrostim Medical Services, Inc., Mario Garcia, Jr. (SEG) |
| Filing 7 NOTICE to counsel Steven Schuetz, Jeffrey G. Rapattoni, Jonathan Magpantay, Holly C. Galinskie 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). (SEG) |
| Filing 6 NOTICE to counsel Steven Schuetz, Jeffrey G. Rapattoni, Jonathan Magpantay Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SEG) |
| Filing 5 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). (LD) |
| Filing 4 NOTICE of Local Rule 1.07(c)and Local Rule 3.02(a)(2). -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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). (DAY) |
| Filing 3 PROPOSED summons to be issued by America First Insurance Company, American Fire and Casualty Company, American States Insurance Company, American States Preferred Insurance Company, Employers Insurance Company of Wausau, Excelsior Insurance Company, First National Insurance Company of America, Helmsman Management Services LLC, LM General Insurance Company, LM Insurance Corporation, LM Property and Casualty Insurance, Liberty County Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, Liberty Mutual Mid-Atlantic Insurance Company, Ohio Security Insurance Company, Peerless Indemnity Insurance Company, Peerless Insurance Company, Safeco Insurance Company of America, Safeco Insurance Company of Illinois, Safeco Insurance Company of Indiana, Safeco Insurance Company of Oregon, The First Liberty Insurance Corporation, The Netherlands Insurance Company, The Ohio Casualty Insurance Company, Wausau Underwriters Insurance Company, West American Insurance Company. (Galinskie, Holly) |
| Filing 2 NEW CASE ASSIGNED to Judge Steven D. Merryday and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-1517-SDM-CPT. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-19739492) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Proposed Summons Electrostim)(Galinskie, Holly) |
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