Rodriguez v. Aetna Life Insurance Company et al
Plaintiff: Sergio Rodriguez
Defendant: Aetna Life Insurance Company, Orlando Health d/b/a Bayfront Health St. Petersburg and Orlando Health doing business as Bayfront Health St. Petersburg
Case Number: 8:2023cv00461
Filed: March 1, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Kathryn Kimball Mizelle
Referring Judge: Amanda Arnold Sansone
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2023 Opinion or Order Filing 37 ENDORSED ORDER: No later than May 3, 2023, Plaintiff must show cause for his failure to timely file a Mediation Notice. (See 33.) Alternatively, he may file such a mediation notice by May 3, 2023. Signed by Judge Kathryn Kimball Mizelle on 4/26/2023. (RLD)
April 25, 2023 Filing 36 ANSWER and affirmative defenses to Complaint by Orlando Health.(Miller, Rachel)
April 24, 2023 Opinion or Order Filing 35 ENDORSED ORDER granting #34 Motion to Withdraw. Attorney Elie Anidjar terminated. Signed by Magistrate Judge Amanda Arnold Sansone on 4/24/2023. (SFC) Modified text on 4/25/2023 (AG).
April 21, 2023 Filing 34 Unopposed MOTION to Withdraw Elie Anidjar, Esq. by Sergio Rodriguez. (Fiallo, Jovanni)
April 12, 2023 Opinion or Order Filing 33 ENDORSED ORDER granting #32 Motion for Extension of Time to File. By April 25, 2023, Defendant Orlando Health must produce the administrative record and plan documents, make initial disclosures, and respond to the Plaintiff's complaint. By April 25, 2023, Plaintiff must file a mediation notice. Signed by Judge Kathryn Kimball Mizelle on 4/12/2023. (RLD)
April 11, 2023 Filing 32 Unopposed MOTION for Extension of Time to File response to complaint and certain deadlines by Orlando Health. (Miller, Rachel)
April 11, 2023 Opinion or Order Filing 31 ENDORSED ORDER: Plaintiff's motion for extension of time to file a case management report is denied as moot. The Court has already entered a case management and scheduling order as prescribed by Local Rule 3.02(d). Counsel need not meet and confer to file a case management report. Signed by Judge Kathryn Kimball Mizelle on 4/11/2023. (RLD)
April 11, 2023 Filing 30 NOTICE of Appearance by Rachel Laurie Miller on behalf of Orlando Health (Miller, Rachel)
April 11, 2023 Filing 29 NOTICE of Appearance by Douglas A. Wolfe on behalf of Orlando Health (Wolfe, Douglas)
April 10, 2023 Filing 28 Unopposed MOTION for Extension of Time to File by Sergio Rodriguez. (Fiallo, Jovanni)
April 10, 2023 Opinion or Order Filing 27 ENDORSED ORDER: Plaintiff's unopposed motion for extension of time is granted. By April 21, 2023, Attorney Anidjar must comply with the requirements of Local Rule 2.01 and the Court's order 16 or withdraw from the action under Local Rule 2.02(c). Signed by Judge Kathryn Kimball Mizelle on 4/10/2023. (RLD)
April 7, 2023 Filing 26 Unopposed MOTION for Extension of Time to File by Sergio Rodriguez. (Fiallo, Jovanni)
April 7, 2023 Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by Sergio Rodriguez. (Fiallo, Jovanni)
April 6, 2023 Filing 24 NOTICE of Lead Counsel Designation by Jovanni C. Fiallo on behalf of Sergio Rodriguez. Lead Counsel: Jovanni C. Fiallo. (Fiallo, Jovanni)
April 6, 2023 Filing 23 NOTICE TO COUNSEL Elie Anidjar, Jovanni C. Fiallo of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SET)
April 5, 2023 Filing 22 NOTICE of Appearance by Jovanni C. Fiallo on behalf of Sergio Rodriguez (Fiallo, Jovanni)
April 4, 2023 Opinion or Order Filing 21 ENDORSED ORDER granting #20 Motion for Extension of Time to File. Parties must file a mediation notice within seven days of any appearance by Plaintiff's counsel. Signed by Judge Kathryn Kimball Mizelle on 4/4/2023. (RLD)
April 4, 2023 Filing 20 MOTION for Extension of Time to File the Mediation Notice by Aetna Life Insurance Company. (DePiano, David)
April 3, 2023 Opinion or Order Filing 19 ENDORSED ORDER granting #18 Motion for Extension of Time to Serve Plaintiff with the administrative record. Defendant must serve Plaintiff with the administrative record no later than 14 days after counsel for Plaintiff appears. Signed by Judge Kathryn Kimball Mizelle on 4/3/2023. (RLD)
April 3, 2023 Filing 18 MOTION for Extension of Time to File Serve Administrative Record and Plan Documents Containing Protected Health and Proprietary Information by Aetna Life Insurance Company. (DePiano, David)
April 3, 2023 Opinion or Order Filing 17 ENDORSED ORDER TO SHOW CAUSE: By April 11, 2023, Plaintiff must show cause as to why this action should not be dismissed for failure to comply with Court orders to file a corporate disclosure statement and notice of related actions. Failure to file these documents as ordered by the Court will result in dismissal without further notice. Alternatively, Plaintiff may file these documents by April 11, 2023. Signed by Judge Kathryn Kimball Mizelle on 4/3/2023. (RLD)
April 3, 2023 Opinion or Order Filing 16 ENDORSED ORDER: Attorney Elie Anidjar is directed to comply with Local Rule 2.01 governing Practice in the Middle District. By April 11, 2023, Attorney Anidjar must move to appear pro hac vice or file a notice detailing the steps he has taken to become admitted into the Middle District. Failure to comply with this order may result in the Court striking attorney Anidjar's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 4/3/2023. (RLD)
March 28, 2023 Opinion or Order Filing 15 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by June 16, 2023. Dispositive motions due by July 14, 2023. Pretrial Conference scheduled for October 12, 2023, at 10:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the November 2023 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by June 23, 2023. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 3/28/2023. (GSO)
March 27, 2023 Opinion or Order Filing 14 ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the attachment in this action's Civil Case Order. (Doc. #4.) Plaintiff must file the Disclosure Statement and Certification no later than March 31, 2023. Signed by Judge Kathryn Kimball Mizelle on 3/27/2023. (RLD)
March 17, 2023 Opinion or Order Filing 13 ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the attachment in this action's Civil Case Order. (Doc. #4.) Plaintiff must file the Disclosure Statement and Certification no later than March2 24, 2023. Signed by Judge Kathryn Kimball Mizelle on 3/17/2023. (RLD)
March 16, 2023 Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Aetna Life Insurance Company. Related case(s): No (DePiano, David)
March 14, 2023 Filing 11 ANSWER and affirmative defenses to Complaint by Aetna Life Insurance Company.(DePiano, David) Modified text on 3/15/2023 (SET).
March 14, 2023 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order by Aetna Life Insurance Company identifying Corporate Parent Aetna Inc., Corporate Parent CVS Health Corporation, Corporate Parent CVS Pharmacy, Inc. for Aetna Life Insurance Company. (DePiano, David)
March 6, 2023 Opinion or Order Filing 9 ENDORSED ORDER granting #7 Motion for Extension of Time to File. Aetna Life Insurance Company must answer or respond to the complaint by March 14, 2023. Signed by Judge Kathryn Kimball Mizelle on 3/6/2023. (RLD)
March 2, 2023 Filing 8 NOTICE of Appearance by Alex Louis Braunstein on behalf of Aetna Life Insurance Company (Braunstein, Alex)
March 2, 2023 Filing 7 MOTION for Extension of Time to File Response to Complaint by Aetna Life Insurance Company. (DePiano, David)
March 2, 2023 Filing 6 NOTICE of Lead Counsel Designation by David J. DePiano on behalf of Aetna Life Insurance Company. Lead Counsel: David J. DePiano. (DePiano, David)
March 2, 2023 Filing 5 NOTICE to counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SET)
March 2, 2023 Opinion or Order Filing 4 CIVIL CASE STANDING ORDER. Signed by Judge Kathryn Kimball Mizelle on 3/2/2023. (RLD)
March 2, 2023 Filing 3 NOTICE TO COUNSEL Elie Anidjar of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (SJB)
March 2, 2023 Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-0461-KKM-AAS. (SJB)
March 1, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Hillsborough County, 13th Judicial Circuit, case number 23-CA-00666 filed in State Court on January 25, 2023. Filing fee $402, receipt number AFLMDC-20564427 filed by Aetna Life Insurance Company. (Attachments: #1 State Court COMPLAINT Composite Exhibit 1, #2 State Court Docket Sheet Composite Exhibit 1, #3 State Court Other Documents Composite Exhibit 1, #4 Civil Cover Sheet , #5 Exhibit 2 - Notice of Service of Process, #6 Exhibit 3 - ALIC's Notice of Filing Notice of Removal)(DePiano, David) Modified text on 3/2/2023 (SET).

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Plaintiff: Sergio Rodriguez
Represented By: Jovanni C. Fiallo
Represented By: Elie Anidjar
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Defendant: Aetna Life Insurance Company
Represented By: David J. DePiano
Represented By: Alex Louis Braunstein
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Defendant: Orlando Health d/b/a Bayfront Health St. Petersburg
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Defendant: Orlando Health doing business as Bayfront Health St. Petersburg
Represented By: Douglas A. Wolfe
Represented By: Rachel Laurie Miller
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