Rodriguez v. Aetna Life Insurance Company et al
| Sergio Rodriguez |
| Aetna Life Insurance Company, Orlando Health d/b/a Bayfront Health St. Petersburg and Orlando Health doing business as Bayfront Health St. Petersburg |
| 8:2023cv00461 |
| March 1, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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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)
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| Filing 36 ANSWER and affirmative defenses to Complaint by Orlando Health.(Miller, Rachel) |
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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).
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| Filing 34 Unopposed MOTION to Withdraw Elie Anidjar, Esq. by Sergio Rodriguez. (Fiallo, Jovanni) |
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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)
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| Filing 32 Unopposed MOTION for Extension of Time to File response to complaint and certain deadlines by Orlando Health. (Miller, Rachel) |
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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)
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| Filing 30 NOTICE of Appearance by Rachel Laurie Miller on behalf of Orlando Health (Miller, Rachel) |
| Filing 29 NOTICE of Appearance by Douglas A. Wolfe on behalf of Orlando Health (Wolfe, Douglas) |
| Filing 28 Unopposed MOTION for Extension of Time to File by Sergio Rodriguez. (Fiallo, Jovanni) |
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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)
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| Filing 26 Unopposed MOTION for Extension of Time to File by Sergio Rodriguez. (Fiallo, Jovanni) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by Sergio Rodriguez. (Fiallo, Jovanni) |
| Filing 24 NOTICE of Lead Counsel Designation by Jovanni C. Fiallo on behalf of Sergio Rodriguez. Lead Counsel: Jovanni C. Fiallo. (Fiallo, Jovanni) |
| 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) |
| Filing 22 NOTICE of Appearance by Jovanni C. Fiallo on behalf of Sergio Rodriguez (Fiallo, Jovanni) |
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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)
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| Filing 20 MOTION for Extension of Time to File the Mediation Notice by Aetna Life Insurance Company. (DePiano, David) |
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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)
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| 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) |
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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)
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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)
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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)
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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)
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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)
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| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Aetna Life Insurance Company. Related case(s): No (DePiano, David) |
| Filing 11 ANSWER and affirmative defenses to Complaint by Aetna Life Insurance Company.(DePiano, David) Modified text on 3/15/2023 (SET). |
| 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) |
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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)
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| Filing 8 NOTICE of Appearance by Alex Louis Braunstein on behalf of Aetna Life Insurance Company (Braunstein, Alex) |
| Filing 7 MOTION for Extension of Time to File Response to Complaint by Aetna Life Insurance Company. (DePiano, David) |
| 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) |
| 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) |
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Filing 4
CIVIL CASE STANDING ORDER. Signed by Judge Kathryn Kimball Mizelle on 3/2/2023. (RLD)
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| 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) |
| 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) |
| 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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