Burton et al v. Lincare Inc.
| Stephen Burton and Victor Juarez |
| Lincare Inc. |
| 8:2022cv02276 |
| October 4, 2022 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Charlene Edwards Honeywell |
| Anthony E Porcelli |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.
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| Cases associated: Create association to 8:22-cv-01472-TPB-AAS. (LSS) |
Filing 34
ORDER Regarding Consolidation. Signed by Judge Thomas P. Barber on 11/30/2022. (LSS)
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Filing 33
ENDORSED ORDER: All deadlines, including the deadline to respond to the complaint, are stayed pending consolidation of this case with related cases. The motion for extension of time to respond to the complaint (Doc. #15) is denied as moot. Signed by Judge Thomas P. Barber on 10/14/2022. (ANL)
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| Filing 32 Case Reassigned to Judge Thomas P. Barber. New case number: 8:22-cv-2276-TPB-AEP. Judge Charlene Edwards Honeywell no longer assigned to the case. (AG) |
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Filing 31
ORDERED: Pursuant to Local Rule 1.07(a)(2)(A), this action will be transferred to District Judge Thomas P. Barber, with his consent, for all further proceedings. Signed by Judge Charlene Edwards Honeywell on 10/14/2022. (MMS)
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Filing 30
ENDORSED ORDER granting #29 Motion for Extension of Time to File. Defendant may file a response to Plaintiff's Amended Complaint on or before November 7, 2022. Signed by Magistrate Judge Anthony E. Porcelli on 10/13/2022. (BMM)
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| Filing 29 Unopposed MOTION for Extension of Time to File response to amended complaint and Supporting Memorandum of Law by Lincare Inc. (Hooker, Michael) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 10/11/2022 (MCB). |
| Filing 28 CORPORATE Disclosure Statement by Lincare Inc. identifying Corporate Parent Lincare Holdings, Inc. for Lincare Inc. (Hooker, Michael) Modified text on 10/11/2022 (MCB). |
| Filing 27 NOTICE of a related action per Local Rule 1.07(c) by Lincare Inc. Related case(s): Yes (Hooker, Michael) Modified text on 10/11/2022 (MCB). |
| Filing 26 NOTICE of Appearance by Michael S. Hooker on behalf of Lincare Inc. (Hooker, Michael) |
| Filing 25 NOTICE of Lead Counsel Designation by Michael S. Hooker on behalf of Lincare Inc. Lead Counsel: Michael S. Hooker. (Hooker, Michael) Modified text on 10/11/2022 (MCB). |
| Filing 24 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) |
| Filing 23 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -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. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) |
| Filing 22 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) (AG) |
| Filing 21 NOTICE to counsel James Michael Treglio, Mark Dee Potter, Alyssa Michelle Engstrom, Wesley Douglas Hurst 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) (AG) Modified text on 10/4/2022 (AG). |
| Filing 20 TRANSFER IN from the Northern District of California (San Jose). Case assigned to District Judge Charlene Edwards Honeywell and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:22-cv-2276-CEH-AEP. (AG) |
| Filing 19 Case transferred in from District of California Northern; Case Number 5:22-cv-04763. File received electronically |
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Filing 18
Order Granting #17 PLAINTIFF AND DEFENDANTS' STIPULATION TO TRANSFER VENUE. Signed by Judge Edward J. Davila on 10/3/2022. (ejdlc1, COURT STAFF) (Filed on 10/3/2022) [Transferred from cand on 10/4/2022.]
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| Filing 17 STIPULATION WITH PROPOSED ORDER Stipulation to Transfer Venue with Supporting Points and Authorities filed by Lincare Inc.. (Attachments: #1 1 Dec. of Prentis Brooks, #2 2 Chang Order, #3 Proposed Order)(Hurst, Wesley) (Filed on 9/28/2022) [Transferred from cand on 10/4/2022.] |
| Filing 16 NOTICE by Lincare Inc. re #2 Notice (Other) Defendant Lincare Inc.s Amended Notice of Pendency of Other Actions or Proceedings (Hurst, Wesley) (Filed on 9/28/2022) [Transferred from cand on 10/4/2022.] |
| Filing 15 STIPULATION re #13 Amended Complaint Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiff's First Amended Class Complaint filed by Lincare Inc.. (Hurst, Wesley) (Filed on 9/9/2022)[Transferred from cand on 10/4/2022.] |
| Filing 14 NOTICE of Appearance by Alyssa M. Engstrom Notice of Appearance or Withdrawal of Counsel (Attachments: #1 Certificate/Proof of Service)(Engstrom, Alyssa) (Filed on 9/2/2022) [Transferred from cand on 10/4/2022.] |
| Filing 13 AMENDED COMPLAINT First against Lincare Inc.. Filed byStephen Burton, Victor Juarez. (Treglio, James) (Filed on 8/29/2022) [Transferred from cand on 10/4/2022.] |
| Filing 12 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Initial Case Management Conference set for 12/8/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 11/28/2022 The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Filed on 8/24/2022) [Transferred from cand on 10/4/2022.] |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward J. Davila for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/24/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 8/24/2022) [Transferred from cand on 10/4/2022.]
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| Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 8/24/2022) [Transferred from cand on 10/4/2022.] |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lincare Inc... (Engstrom, Alyssa) (Filed on 8/23/2022) [Transferred from cand on 10/4/2022.] |
| Filing 8 STIPULATION Stipulation for Extension of Time for Defendant Lincare Inc. to Respond to Plaintiffs Complaint filed by Lincare Inc. (Hurst, Wesley) (Filed on 8/22/2022) [Transferred from cand on 10/4/2022.] |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/15/2022. Initial Case Management Conference set for 11/22/2022 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
| Filing 6 CERTIFICATE OF SERVICE by Lincare Inc. re #5 Certificate of Service, #1 Notice of Removal, #2 Notice (Other), #4 Certificate of Interested Entities, 3 Case Assigned by Intake,, Certificate of Service of Notice to Superior Court and Adverse Parties of Removal to Federal Court (Hurst, Wesley) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
| Filing 5 CERTIFICATE OF SERVICE by Lincare Inc. re #2 Notice (Other), #4 Certificate of Interested Entities, #1 Notice of Removal, (Hurst, Wesley) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
| Filing 4 Certificate of Interested Entities by Lincare Inc. identifying Corporate Parent Lincare Holdings Inc. for Lincare Inc.. re #2 Notice (Other), #1 Notice of Removal, (Hurst, Wesley) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
| Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/2/2022. (bw, COURT STAFF) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
| Filing 2 NOTICE by Lincare Inc. re #1 Notice of Removal, Notice of Pendency of Other Action or Proceeding (Hurst, Wesley) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
| Filing 1 NOTICE OF REMOVAL from Santa Cruz County Superior Court. Their case number is 22CV01547. (Filing fee $402 receipt number ACANDC-17457383). Filed byLincare Inc.. (Attachments: #1 Exhibit A to Notice of Removal, #2 Civil Cover Sheet)(Hurst, Wesley) (Filed on 8/19/2022) [Transferred from cand on 10/4/2022.] |
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