Publix Super Markets, Inc., et al v. ABA Centers of America, LLC et al
| Publix Super Markets, Inc. and Publix Super Markets Inc. Group Health Benefit Plan |
| ABA Cares of Florida, LLC doing business as ABA Centers of Florida, LLC and ABA Centers of Georgia, LLC |
| 8:2025cv02283 |
| August 26, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Anthony E Porcelli |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 23, 2025. A more recent docket listing may be available from PACER.
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| Acknowledgment - Transferred case has been opened in the Southern District of Florida as case 0:25-cv-62146, filed on 10/23/2025. (CTR) |
| Filing 33 CASE ELECTRONICALLY TRANSFERRED to the Southern District of Florida. (MCB) |
Filing 32
ENDORSED ORDER: Defendants' Motion to Transfer (Doc. 30) is GRANTED. The Clerk is directed to TRANSFER this case to the Southern District of Florida for all further proceedings. Following transfer, the Clerk is directed to terminate any pending deadlines and to CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 10/22/2025. (MLR)
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| Filing 31 RESPONSE to Motion re #30 MOTION to Dismiss Motion To Transfer Or, In the Alternative, To Dismiss Amended Complaint filed by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc.. (Estevez, Anne) |
| Filing 30 MOTION to Dismiss Motion To Transfer Or, In the Alternative, To Dismiss Amended Complaint by ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC. (Attachments: #1 Exhibit Exhibit A)(Oretsky, Araizu) |
| Filing 29 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC identifying Corporate Parent ABA Holdings, LLC, Other Affiliate Exact Billing Solutions, LLC, Other Affiliate ICBD Holdings, LLC, Other Affiliate ABA Management Services, LLC for ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC. (Oretsky, Araizu) Modified text on 10/10/2025 (LAW). |
| Filing 28 NOTICE of Appearance by Jennifer Faggion on behalf of ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC (Faggion, Jennifer) |
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Filing 27
ENDORSED ORDER: The defendants' #26 Motion to Exceed the Page Limit is GRANTED. The defendants' Motion to Dismiss Plaintiffs' Amended Complaint shall not exceed thirty pages. Signed by Judge Kathryn Kimball Mizelle on 10/3/2025. (SJR)
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| Filing 26 Unopposed MOTION for Leave to File Defendants' Motion to Dismiss Plaintiffs' Amended Complaint Exceeding 25-Page Limitation by ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC. (Benjamin, Angela) |
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Filing 25
ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice. Attorney Kelly A. Moore may appear pro hac vice on behalf of Plaintiffs. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 9/26/2025. (CPK)
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Filing 24
ENDORSED ORDER granting #22 Motion to Appear Pro Hac Vice. Attorney Brian W. Shaffer may appear pro hac vice on behalf of Plaintiffs. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 9/26/2025. (CPK)
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| Filing 23 MOTION for Kelly A. Moore to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23920363 for $150 by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc.. (Moore, Kelly) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 22 MOTION for Brian W. Shaffer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23920328 for $150 by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc.. (Shaffer, Brian) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 21 NOTICE of Appearance by Sandra Ramirez Loe on behalf of ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC (Loe, Sandra) |
| Filing 20 NOTICE of Appearance by Angela Benjamin on behalf of ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC (Benjamin, Angela) |
| Filing 19 NOTICE of Appearance of Lead Counsel by Araizu Sheila Oretsky on behalf of ABA Cares of Florida, LLC, ABA Centers of Georgia, LLC. Lead Counsel: Sheila Oretsky. (Oretsky, Araizu) Modified text on 9/25/2025 (BD). |
| Filing 18 RETURN of service executed on September 18, 2025 by Publix Super Markets, Inc., Publix Super Markets Inc. Group Health Benefit Plan as to ABA Centers of Georgia, LLC. (Carlton, Clay) |
| Filing 17 RETURN of service executed on September 17, 2025 by Publix Super Markets, Inc., Publix Super Markets Inc. Group Health Benefit Plan as to ABA Cares of Florida, LLC. (Carlton, Clay) |
| Filing 16 SUMMONS issued as to ABA Centers of Georgia, LLC. (MSN) |
| Filing 15 SUMMONS issued as to ABA Cares of Florida, LLC. (MSN) |
| Filing 14 PROPOSED summons to be issued by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc. (Carlton, Clay) Modified on 9/15/2025 to edit docket text (MSN). |
| Filing 13 PROPOSED summons to be issued by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc. (Carlton, Clay) Modified on 9/15/2025 to edit docket text (MSN). |
| Filing 12 Corrected NOTICE of a related action per Local Rule 1.07(c) by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc. Related case(s): Yes (Estevez, Anne) Modified on 9/12/2025 (SPM). |
| Filing 11 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc. identifying Other Affiliate Morning Song, LLC, Other Affiliate PTO, LLC, Other Affiliate Real Sub, LLC, Other Affiliate Publix Apron's Event Planning and Catering, LLC, a Florida limited liability company, Other Affiliate Publix Asset Management Company, a Florida corporation, Other Affiliate Publix North Carolina, LP, Other Affiliate Publix Tennessee, LLC, Other Affiliate Central and Second Insurance Company, Other Affiliate Publix North Carolina Employee Services, LLC, Other Affiliate Publix Alabama, LLC, Other Affiliate Publix Associate Services, Other Affiliate PSM F1, Inc. for Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc... (Estevez, Anne) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc.. Related case(s): No (Estevez, Anne) |
| Filing 9 AMENDED COMPLAINT against ABA Centers of America, LLC, ABA Centers of Florida, LLC with Jury Demand. filed by Publix Super Markets, Inc., Publix Super Markets Inc. Group Health Benefit Plan. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B-1, #4 Exhibit B-2)(Estevez, Anne) |
| Filing 8 SUMMONS issued as to ABA Centers of America, LLC, ABA Centers of Florida, LLC. (JDR) |
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Filing 7
ENDORSED ORDER: Upon review, the Court finds this #1 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 two through seven 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."). Accordingly, the plaintiffs' #1 Complaint is DISMISSED, and the plaintiffs are granted leave to amend their complaint no later than September 11, 2025. If the plaintiffs fail to amend the complaint or submit another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 8/28/2025. (SJR)
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Filing 6
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 any Defendant appears. 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 after appearing. Signed by Judge Kathryn Kimball Mizelle on 8/28/2025. (SJR)
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| Filing 5 PROPOSED summons to be issued by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc.. (Carlton, Clay) |
| Filing 4 PROPOSED summons to be issued by Publix Super Markets Inc. Group Health Benefit Plan, Publix Super Markets, Inc.. (Carlton, Clay) |
| Filing 3 NOTICE TO COUNSEL Clay Matthew Carlton of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (LAW) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:25-cv-2283-KKM-AEP. (LAW) |
| Filing 1 COMPLAINT against ABA Centers of America, LLC, ABA Centers of Florida, LLC with Jury Demand (Filing fee $405 receipt number AFLMDC-23789522) filed by PUBLIX SUPER MARKETS, INC.,, Publix Super Markets Inc. Group Health Benefit Plan. (Attachments: #1 Civil Cover Sheet)(Estevez, Anne) |
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