Florida Health Sciences Center, Inc. v. Brandon Business Machines, Inc. et al
| Florida Health Sciences Center, Inc. doing business as Tampa General Hospital |
| Brandon Business Machines, Inc. and Provider Network of America, LLC |
| 8:2026cv02055 |
| July 17, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| Both |
Docket Report
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This docket was last retrieved on August 12, 2026. A more recent docket listing may be available from PACER.
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| Filing 28 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (LAW) |
Filing 27
ENDORSED ORDER re: #23 Unopposed Motion for Special Admission as to Attorney Jason P. Lacey. In light of the Court's subsequent Order (26) directing the clerk to close this case after remanding it to state court, the motion is denied as moot. Signed by Magistrate Judge Christopher P. Tuite on 8/12/2026. (TC)
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Filing 26
ENDORSED ORDER: On August 3, 2026, the Court directed Defendant Brandon Business Machines to "file more information with the Court by August 10, 2026, establishing that Plaintiff could have brought its claims under Section 502(a) of ERISA, including that it had statutory standing." (Doc. # 21). In that order, the Court highlighted that ERISA complete preemption (the basis for federal jurisdiction here) would not exist unless Plaintiff had statutory standing under ERISA, as would exist if the beneficiary of the ERISA plan had assigned his right to payment of medical benefits to Plaintiff. The Court highlighted that the notice of removal included neither an allegation nor evidence of such assignment. (Id.). Now, Defendant Brandon Business Machines has filed its response to the Court's order. (Doc. #25). It "consents to remand" because it "has not obtained a written assignment, an assignment-bearing claim form, a direct-payment authorization, or other evidence sufficient to establish that [Plaintiff] possessed derivative statutory standing under ERISA Section 502(a) when this action was removed." (Id. at 2-3). Accordingly, the Court finds that Defendant Brandon Business Machines has failed to establish this Court's jurisdiction over this action. Because the Court lacks subject matter jurisdiction, the Court remands this case to state court. The Clerk is directed to remand the case and, thereafter, close this case. Signed by Judge Virginia M. Hernandez Covington on 8/11/2026. (DMD)
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| Filing 25 RESPONSE re 21 Order, 24 Order on Motion for Extension of Time to File filed by Brandon Business Machines, Inc.. (Takx, Jemma) |
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Filing 24
ENDORSED ORDER denying Defendant Brandon Business Machines' opposed motion to extend time to provide additional information to establish jurisdiction. (Doc. #22). It was Defendant's responsibility to ascertain whether a basis for removal to this Court existed before removing the case. The Court has already given Defendant a week to obtain the additional information it failed to include in its notice of removal. (Doc. # 21). An additional extension is unwarranted. Signed by Judge Virginia M. Hernandez Covington on 8/10/2026. (ZJI)
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| Filing 23 Unopposed MOTION for Jason P. Lacey to appear pro hac vice, Special Admission fee paid, Receipt No. BFLMDC-25375340 for $150 by Brandon Business Machines, Inc. (Takx, Jemma) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 8/11/2026 (EGP). |
| Filing 22 Time Sensitive MOTION for Extension of Time to File Response to Court's August 3rd Order. by Brandon Business Machines, Inc.(Takx, Jemma) Modified text on 8/11/2026 (EGP). |
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Filing 21
ENDORSED ORDER: "Federal courts have limited subject matter jurisdiction." Morrison v. Allstate Indem. Co., 228 F.3d 1255, 1260-61 (11th Cir. 2000). As such, "[a] federal court not only has the power but also the obligation at any time to inquire into jurisdiction whenever the possibility that jurisdiction does not exist arises." Fitzgerald v. Seaboard Sys. R.R., Inc., 760 F.2d 1249, 1251 (11th Cir. 1985). Here, Defendant Brandon Business Machines, Inc., removed this breach of contract and promissory estoppel case to this Court on the basis of ERISA preemption, which would give this Court federal question jurisdiction over the dispute. (Doc. #1). "[C]omplete preemption is a narrow exception to the well-pleaded complaint rule and exists where the preemptive force of a federal statute is so extraordinary that it converts an ordinary state law claim into a statutory federal claim." Gables Ins. Recovery, Inc. v. Blue Cross & Blue Shield of Fla., Inc., 813 F.3d 1333, 1337 (11th Cir. 2015) (citation omitted). ERISA's "Section 502(a) creates a private right of action for a plan participant or beneficiary to recover benefits due under the terms of a health insurance plan." Id. (citing 29 U.S.C. 1132(a)). "This section has such extraordinary preemptive power that it converts an ordinary state common law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule." Id. (citation and quotation marks omitted). "To determine whether a cause of action is within the scope of section 502(a), [courts] apply the two-part test established in Aetna Health Inc. v. Davila, 542 U.S. 200, 210 (2004). [Courts] ask (1) whether the plaintiff could have brought its claim under 502(a); and (2) whether no other legal duty supports the plaintiff's claim." Id. (citations and quotation marks omitted). Here, the Court would like further information as to the first requirement. "To determine if [Plaintiff] could have brought its claims under 502(a) of ERISA, the Court must consider: (1) whether [Plaintiff's] claims fall within the scope of ERISA; and (2) whether [Plaintiff] has standing to sue under ERISA." Lee Mem'l Health Sys. v. Blue Cross & Blue Shield of Fla., Inc., No. 2:16-cv-901-SPC-MRM, 2017 WL 9360891, at *4 (M.D. Fla. Feb. 22, 2017), report and recommendation adopted, 248 F. Supp. 3d 1304 (M.D. Fla. 2017). "To assert a claim under ERISA, a plaintiff must have statutory standing, 'meaning the plaintiff has the right to make a claim under section 502(a).'" Id. (quoting Gables, 813 F.3d at 1338). "Healthcare providers"--like Plaintiff here--"generally are not either plan participants or beneficiaries under ERISA and, thus, lack independent standing to bring suit under ERISA." Id. However, a "healthcare provider may acquire derivative standing to sue under ERISA by obtaining a written assignment from a 'participant' or 'beneficiary' of his right to payment of medical benefits." Gables, 813 F.3d at 1339 (citation omitted). In its review of the notice of removal and complaint, the Court did not see an allegation or evidence of an assignment by the beneficiary of the ERISA plan, W.M., to Plaintiff. Thus, the Court is not certain at this time that Plaintiff has statutory standing under ERISA. Accordingly, if it does not wish for this case to be remanded, Brandon Business Machines must file more information with the Court by August 10, 2026, establishing that Plaintiff could have brought its claims under Section 502(a) of ERISA, including that it had statutory standing. Signed by Judge Virginia M. Hernandez Covington on 8/3/2026. (DMD)
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| Filing 20 Defendant's ANSWER and affirmative defenses to Complaint for Damages by Brandon Business Machines, Inc..(Takx, Jemma) |
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Filing 19
ENDORSED ORDER granting Defendant Brandon Business Machines, Inc.'s unopposed motion for extension of time to respond to the complaint. (Doc. #18). Response now due July 31, 2026. Signed by Judge Virginia M. Hernandez Covington on 7/29/2026. (DMD)
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| Filing 18 Time Sensitive MOTION for Extension of Time to File Answer re #1 Notice of Removal and Complaint by Brandon Business Machines, Inc. (Takx, Jemma) Modified on 7/29/2026 to edit the docket text (MLB). |
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Filing 17
ENDORSED ORDER: Defendant Brandon Business Machines, Inc., removed the case to this Court on July 17, 2026. (Doc. #1). Accordingly, pursuant to Federal Rule of Civil Procedure 81(c)(2), Brandon's answer to the complaint was due July 24, 2026. But no answer has been filed. And Plaintiff has not promptly applied to the Clerk for entry of Clerk's default. Accordingly, the Court urges Plaintiff to promptly apply to the Clerk for entry of default. See Local Rule 1.10(b) & (d). The Court also emphasizes that only the Court may extend deadlines, such that a motion for extension must be filed with the Court if a party desires an extension. Signed by Judge Virginia M. Hernandez Covington on 7/28/2026. (DMD)
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Filing 16
ENDORSED ORDER granting Defendant's #15 Unopposed Motion for Special Admission as to attorney Sylvia Bokyung St. Clair. If counsel has not already done so, within fourteen (14) days hereof, she shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 7/27/2026. (TC)
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| Filing 15 Unopposed MOTION for Sylvia Bokyung St. Clair to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25306559 for $150 by Provider Network of America, LLC. (Bachman, Blake) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 14 NOTICE of Lead Counsel Designation by Blake Bachman on behalf of Provider Network of America, LLC. Lead Counsel: Sylvia Bokyung St. Clair. (Bachman, Blake) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Provider Network of America, LLC. Related case(s): No (Bachman, Blake) |
| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Provider Network of America, LLC identifying Corporate Parent Verdegard Holdings, LLC, Corporate Parent MedImpact Health & Wellness, Inc., Corporate Parent MedImpact Holdings, Inc., Corporate Parent HFT Equity Holdings, LLC, Corporate Parent Howe Family Trust for Provider Network of America, LLC. (Bachman, Blake) Modified on 7/27/2026 to edit docket text. (AR) |
| Filing 11 ANSWER and affirmative defenses to Complaint by Provider Network of America, LLC.(Bachman, Blake) |
| Filing 10 NOTICE of Lead Counsel Designation by Anna Dorkas Torres on behalf of Florida Health Sciences Center, Inc. Lead Counsel: Anna D. Torres. (Torres, Anna) Modified to remove extra period on 7/27/2026 (AA). |
| Filing 9 NOTICE TO COUNSEL William Jason Cantrell 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). (SJD) |
| Filing 8 NOTICE of Local Rule 3.03. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (GSO) |
| Filing 7 NOTICE TO ALL 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). (LSS) |
| Filing 6 NOTICE TO COUNSEL William Jason Cantrell Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; 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). (LSS) |
| Filing 5 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:26-cv-2055-VMC-CPT. (LSS) |
| Filing 4 NOTICE by Brandon Business Machines, Inc. re #1 Notice of Removal Form JS 44 (Takx, Jemma) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Brandon Business Machines, Inc.. Related case(s): No (Takx, Jemma) |
| Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Brandon Business Machines, Inc.. (Takx, Jemma) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Circuit Court in and for the 13th Judicial Circuit for Hillsborough County, Florida, case number 26-CA-006113 filed in State Court on June 3, 2026. Filing fee $405, receipt number BFLMDC-25272852 filed by Provider Network of America, LLC, Brandon Business Machines, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit Composite A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F)(Takx, Jemma) Modified text on 7/21/2026 (LSS). |
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| Defendant: Brandon Business Machines, Inc. | |
| Represented By: | Jemma Takx |
| Represented By: | William J. Cantrell |
| Represented By: | Jason P. Lacey |
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| Defendant: Provider Network of America, LLC | |
| Represented By: | Jemma Takx |
| Represented By: | William J. Cantrell |
| Represented By: | Blake Bachman |
| Represented By: | Sylvia St. Clair |
| Represented By: | Sylvia St. Clair |
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| Plaintiff: Florida Health Sciences Center, Inc. doing business as Tampa General Hospital | |
| Represented By: | Anna Dorkas Torres |
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