Beauchane v. Electrostim Medical Services, Inc.

Plaintiff: Michael W. Beauchane
Defendant: Electrostim Medical Services, Inc. doing business as EMSI
Case Number: 8:2024cv00583
Filed: March 5, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: Natalie Hirt Adams
Referring Judge: Steven D Merryday
2 Judge: Kathryn Kimball Mizelle
3 Judge: Amanda Arnold Sansone
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2024 Filing 46 Case Reassigned to Magistrate Judge Amanda Arnold Sansone. New case number: 8:24-cv-583-SDM-AAS. Magistrate Judge Natalie Hirt Adams no longer assigned to the case. (JNB)
April 30, 2024 Filing 45 ENDORSED ORDER: In accord with Local Rule 1.07, the clerk is directed to reassign the case from Magistrate Judge Adams to Magistrate Judge Sansone because this action and an earlier-filed action, 8:24-cv-113-SDM-AAS, include common questions of fact and law and because reassignment promotes efficiency and consistency. Signed by Judge Steven D. Merryday on 4/30/2024. (AP)
April 17, 2024 Filing 44 Unopposed MOTION to Stay Pending Order on Motion to Consolidate by Electrostim Medical Services, Inc.. (Rollins, Traci) Modified text on 4/18/2024 (LSS).
April 11, 2024 Filing 43 NOTICE of Filing Plaintiffs' Renewed Joint Motion to Consolidate Actions and Set Scheduling Deadlines by Electrostim Medical Services, Inc. (Richman, Stephen) Modified on 4/12/2024 as to docket text (ARL).
April 8, 2024 Filing 42 RESPONSE re 19 Order #36 Order on Motion for Extension of Time to Answer Order on Motion to Withdraw as Attorney by Michael W. Beauchane. (Leniski, Joe)
April 8, 2024 Filing 41 ORDER resolving #38--motion for an extension of time. Signed by Judge Steven D. Merryday on 4/8/2024. (WBW)
April 5, 2024 Filing 40 MOTION for Miscellaneous Relief, specifically Plaintiff's Relief from or Deferral of the Court's April 1, 2024 Order by Michael W. Beauchane. (Leniski, Joe)
April 4, 2024 Filing 39 ENDORSED ORDER: J. Isaac Sanders's motion (Doc. #37) to withdraw as counsel for Electrostim Medical Services, Inc., is GRANTED. Sanders is WITHDRAWN as counsel. The clerk must terminate Sanders from the service list. Signed by Judge Steven D. Merryday on 4/4/2024. (WBW)
April 4, 2024 Filing 38 Unopposed MOTION for Extension of Time to File Answer re #25 Amended Complaint by Electrostim Medical Services, Inc.. (Rollins, Traci)
April 3, 2024 Filing 37 Amended MOTION for J. Isaac Sanders to Withdraw as Attorney by Electrostim Medical Services, Inc. (Attachments: #1 Mailing Envelope)(GL)
April 1, 2024 Filing 36 ORDER granting #35--motion for extension of time; denying as moot #30--motion for extension of time; denying without prejudice #34--motion to withdraw; directing the plaintiff to submit a brief in accord with an earlier order (Doc. 19) and to explain the failure to submit a timely brief. Signed by Judge Steven D. Merryday on 4/1/2024. (WBW)
March 25, 2024 Filing 35 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Electrostim Medical Services, Inc. (Rollins, Traci) Modified text on 3/26/2024 (KME).
March 20, 2024 Filing 34 MOTION for J. Isaac Sanders to Withdraw as Attorney by Electrostim Medical Services, Inc. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(GL)
March 20, 2024 Filing 33 CERTIFICATE of interested persons and corporate disclosure statement re #17 Standing Order by Michael W. Beauchane. (Leniski, Joe)
March 11, 2024 Filing 32 Case Reassigned to Judge Steven D. Merryday. New case number: 8:24-cv-583-SDM-NHA. Judge Kathryn Kimball Mizelle no longer assigned to the case. (AG)
March 11, 2024 Filing 31 ENDORSED ORDER: The #30 joint motion to transfer this action to Judge Merryday is GRANTED. The #30 motion to extend the deadline to respond to the amended complaint is DEFERRED. The Clerk is directed to accomplish transfer. Signed by Judge Kathryn Kimball Mizelle on 3/11/2024. (CMM)
March 8, 2024 Filing 30 Joint MOTION to Transfer Later-Filed Case and to Extend Deadline to Respond to #25 Amended Complaint by Electrostim Medical Services, Inc.. (Richman, Stephen) Modified text text on 3/11/2024 (BD).
March 8, 2024 Filing 29 ENDORSED ORDER granting #24 Motion to Appear Pro Hac Vice. Attorney Peter Jannace may appear pro hac vice on behalf of Plaintiff provided that, within 14 days, counsel complies with the fee and electronic filing requirements. Signed by Magistrate Judge Natalie Hirt Adams on 3/8/2024. (CJF)
March 8, 2024 Filing 28 ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice. Attorney Joe Leniski may appear pro hac vice on behalf of Plaintiff provided that, within 14 days, counsel complies with the fee and electronic filing requirements. Signed by Magistrate Judge Natalie Hirt Adams on 3/8/2024. (CJF)
March 8, 2024 Filing 27 NOTICE of Appearance by William J. Schifino, Jr. on behalf of Electrostim Medical Services, Inc. (Schifino, William)
March 7, 2024 Filing 26 NOTICE of Lead Counsel Designation by Joe P. Leniski, Jr. on behalf of Michael W. Beauchane. Lead Counsel: Joe P. Leniski, Jr. (Leniski, Joe)
March 7, 2024 Filing 25 AMENDED COMPLAINT (First) against Electrostim Medical Services, Inc. with Jury Demand. Filed by Michael W. Beauchane. (Attachments: #1 Notice of Data Breach)(Leniski, Joe)
March 7, 2024 Filing 24 Unopposed MOTION for Peter J. Jannace to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21848318 for $150 by Michael W. Beauchane. (Jannace, Peter) Motions referred to Magistrate Judge Natalie Hirt Adams.
March 7, 2024 Filing 23 Unopposed MOTION for Joe P. Leniski, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21846285 for $150 by Michael W. Beauchane. (Leniski, Joe) Motions referred to Magistrate Judge Natalie Hirt Adams.
March 7, 2024 Filing 22 NOTICE of Appearance by Stephen Carli Richman on behalf of Electrostim Medical Services, Inc. (Richman, Stephen)
March 7, 2024 Filing 21 NOTICE of Appearance by Ryan C. Childress on behalf of Electrostim Medical Services, Inc. (Childress, Ryan)
March 7, 2024 Filing 20 NOTICE of Lead Counsel Designation by Traci H. Rollins on behalf of Electrostim Medical Services, Inc.. Lead Counsel: Traci H. Rollins. (Rollins, Traci)
March 6, 2024 Filing 19 ENDORSED ORDER: Plaintiff is directed to establish--no later than March 21, 2024, and in a brief no longer than fifteen pages--why the Court should not dismiss this case for lack of standing. Specifically, Plaintiff should explain whether he has adequately established a concrete injury for purposes of Article III standing under Eleventh Circuit precedent. See Green-Cooper v. Brinker Int'l, Inc., 73 F.4th 883, 889 (11th Cir. 2023); see also Tsao v. Captiva MVP Rest. Partners, LLC , 986 F.3d 1332, 1343 (11th Cir. 2021). Signed by Judge Kathryn Kimball Mizelle on 3/6/2024. (CMM)
March 6, 2024 Filing 18 ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where counts II through VIII contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). This kind of shotgun pleading is readily remedied via amendment. Moreover, to the extent that Count I states claims for negligence and negligence per se, it is a shotgun pleading because it does not separate "into a different count each cause of action or claim for relief." See id. at 1323. Accordingly, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than March 14, 2024. If the Plaintiff fails to amend the complaint, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 3/6/2024. (CMM)
March 6, 2024 Filing 17 CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after transfer. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days. Signed by Judge Kathryn Kimball Mizelle on 3/6/2024. (CMM)
March 5, 2024 Filing 16 NOTICE TO COUNSEL Joe P. Leniski, Jr., Peter J. Jannace, and James Isaac Sanders 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). (JNB)
March 5, 2024 Filing 15 TRANSFER IN from the Middle District of Tennessee. Case assigned to District Judge Kathryn Kimball Mizelle and Magistrate Judge Natalie H. Adams. New Case Number: 8:24-cv-583-KKM-NHA. (JNB)
March 5, 2024 Filing 14 Case transferred in from District of Tennessee Middle; Case Number 3:24-cv-00131. File received electronically
March 5, 2024 Filing 13 ORDER DISMISSING CASE: The Court having reviewed the Parties' Agreed Motion #11 and being otherwise sufficiently advised, hereby ORDERS and ADJUDICATES as follows: 1. The Parties' Agreed Motion is GRANTED. 2. This action is hereby ordered to be transferred to the United States District Court for the Middle District of Florida, Tampa Division forthwith. Signed by District Judge Eli J. Richardson on 3/5/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from tnmd on 3/5/2024.]
February 26, 2024 Filing 12 ORDER granting #8: Having satisfied the requirements of Local Rule 83.01(b), the Motion for Peter J. Jannace to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 02/26/2024. (lh) [Transferred from tnmd on 3/5/2024.]
February 23, 2024 Filing 11 Joint MOTION to Transfer by Michael W. Beauchane. (Attachments: #1 Attachment - Proposed Order)(Leniski, Joey) [Transferred from tnmd on 3/5/2024.]
February 23, 2024 TN State Bar status verified as active for James Isaac Sanders admitted to this court. (kc) [Transferred from tnmd on 3/5/2024.]
February 22, 2024 Filing 10 NOTICE of Appearance by James Isaac Sanders on behalf of Electrostim Medical Services, Inc. (Sanders, James) [Transferred from tnmd on 3/5/2024.]
February 21, 2024 Filing 9 SUMMONS returned executed by Michael W. Beauchane. Electrostim Medical Services, Inc. served on 2/16/2024. (Attachments: #1 Attachment - Return Receipt (Green Card))(Leniski, Joey) [Transferred from tnmd on 3/5/2024.]
February 12, 2024 Filing 8 MOTION for attorney Peter J. Jannace to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4010981) by Michael W. Beauchane. (Attachments: #1 Attachment - Certificate of Good Standing)(Leniski, Joey) [Transferred from tnmd on 3/5/2024.]
February 6, 2024 Filing 7 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 2/6/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 Filing 6 Summons issued as to Electrostim Medical Services, Inc. Service copies will be returned to counsel by mail. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 4/23/2024 at 09:30 AM before Magistrate Judge Jeffery S. Frensley. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 NOTICE TO COUNSEL Peter J. Jannace: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 2/26/2024. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 TN State Bar status verified as active for Joey P. Leniski, Jr, Tricia Herzfeld admitted to this court. (ad) [Transferred from tnmd on 3/5/2024.]
February 5, 2024 KY State Bar status verified as active for Peter J. Jannace not admitted to this court - Local counsel secured. (ad) [Transferred from tnmd on 3/5/2024.]
February 2, 2024 Filing 1 COMPLAINT against Electrostim Medical Services, Inc. (Filing fee $405, Receipt number ATNMDC-4004394), filed by Michael W. Beauchane. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Attachment - EMSI Notice of Data Breach)(ad) [Transferred from tnmd on 3/5/2024.]

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Plaintiff: Michael W. Beauchane
Represented By: Joe P. Leniski, Jr.
Represented By: Peter J. Jannace
Represented By: Tricia Herzfeld
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Defendant: Electrostim Medical Services, Inc. doing business as EMSI
Represented By: James Isaac Sanders
Represented By: Traci H. Rollins
Represented By: Ryan C. Childress
Represented By: Stephen Carli Richman
Represented By: William J. Schifino, Jr.
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