Gregory Haskin Chiropractic Clinics, Inc. v. USAA Casualty Insurance Company
Plaintiff: Gregory Haskin Chiropractic Clinics, Inc.
Defendant: Windhaven Insurance Compay and USAA Casualty Insurance Company
Consolidated Defendant: USAA General Indemnity Company
Case Number: 0:2017cv61979
Filed: October 6, 2017
Court: US District Court for the Southern District of Florida
Office: Ft Lauderdale Office
County: Broward (Office: Ft Lauderdale)
Presiding Judge: William P Dimitrouleas
Referring Judge: Lurana S Snow
2 Judge: Kathleen M Williams
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2019 Opinion or Order Filing 55 ORDER OF DISMISSAL. Closing Case. Signed by Judge William P. Dimitrouleas on 1/8/2019. See attached document for full details. (cds)
January 8, 2019 Filing 54 STIPULATION of Dismissal - JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT, USAA GENERAL INDEMNITY COMPANY, by Gregory Haskin Chiropractic Clinics, Inc. (Attachments: #1 Text of Proposed Order)(Perez, Barbara)
January 8, 2019 Filing 53 STIPULATION of Dismissal - JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT, USAA CASUALTY INSURANCE COMPANY, by Gregory Haskin Chiropractic Clinics, Inc. (Attachments: #1 Text of Proposed Order)(Perez, Barbara)
May 1, 2018 Filing 52 ANSWER and Affirmative Defenses to Complaint (Second Amended Class Action Complaint docketed as ECF No. 1 in Case No. 17-CV-61980) by USAA General Indemnity Company. (Gerstin, Ari)
May 1, 2018 Filing 51 ANSWER and Affirmative Defenses to Amended Complaint by USAA Casualty Insurance Company. (Gerstin, Ari)
April 17, 2018 Opinion or Order Filing 50 ORDER granting #49 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document USAA Casualty Insurance Company. Answer due 5/1/2018. Re: #28 Amended Complaint filed by Gregory Haskin Chiropractic Clinics, Inc.. Signed by Judge William P. Dimitrouleas on 4/17/18. (rms1)
April 16, 2018 Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 Amended Complaint and Second Amended Class Action Complaint (17-cv-61980, ECF No. 35) by USAA Casualty Insurance Company, USAA General Indemnity Company. (Attachments: #1 Exhibit 1 - Proposed Order)(Gerstin, Ari)
April 13, 2018 Filing 48 NOTICE of Mediator Selection. Added Brian F Spector. (Perez, Barbara)
April 5, 2018 Opinion or Order Filing 47 ORDER denying #33 Motion to Dismiss. Signed by Judge William P. Dimitrouleas on 4/5/18. (rms1)
April 5, 2018 Opinion or Order Filing 46 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES Signed by Magistrate Judge Lurana S. Snow on 4/5/2018. (rms1)
April 4, 2018 Opinion or Order Filing 45 ORDER SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRRING CASE TO MEDIATION AND REFERRING DISCOVERY MOTIONS TO UNITED STATES MAGISTRATE JUDGE Lurana S. Snow: ( Jury Trial set for 10/28/2019 in Fort Lauderdale Division before Judge William P. Dimitrouleas., Calendar Call set for 10/25/2019 10:00 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas., Amended Pleadings due by 7/6/2018., Discovery due by 5/6/2019., Joinder of Parties due by 7/6/2018., In Limine Motions due by 10/11/2019., Motions due by 6/28/2019., Pretrial Stipulation due by 10/11/2019.), Signed by Judge William P. Dimitrouleas on 4/4/2018. (rms1) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
April 4, 2018 Filing 44 REPLY to #41 Response in Opposition to Motion by USAA Casualty Insurance Company, USAA General Indemnity Company. (Gerstin, Ari)
March 22, 2018 Opinion or Order Filing 43 ORDER Granting Defendants Unopposed Motion For Extension Of Time To File Their Consolidated Reply In Support Of Their Consolidated Motion To Dismiss Plaintiffs Class Action Complaints DE #33 And To Exceed The Page Limits Of Local Rule 7.1 For Their Consolidated Reply. ( Replies due by 4/6/2018.) Signed by Judge William P. Dimitrouleas on 3/21/2018. (vmz)
March 21, 2018 Filing 42 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law, #41 Response in Opposition to Motion and, Unopposed MOTION for Leave to File Excess Pages by USAA Casualty Insurance Company, USAA General Indemnity Company. (Attachments: #1 Exhibit 1)(Gerstin, Ari)
March 19, 2018 Filing 41 RESPONSE in Opposition re #33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law filed by Gregory Haskin Chiropractic Clinics, Inc.. Replies due by 3/26/2018. (Perez, Barbara)
March 19, 2018 Opinion or Order Filing 40 ORDER granting #39 Motion for Extension of Time to File Response/Reply to Motion. Re: #33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law filed by USAA General Indemnity Company, USAA Casualty Insurance Company. Responses due by 3/19/2018 Signed by Judge William P. Dimitrouleas on 3/16/18. (rms1)
March 16, 2018 Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law by Gregory Haskin Chiropractic Clinics, Inc.. (Attachments: #1 Text of Proposed Order)(Perez, Barbara)
March 9, 2018 Filing 38 Joint SCHEDULING REPORT - Rule 26(f) by Gregory Haskin Chiropractic Clinics, Inc. (Attachments: #1 Exhibit 1 - [Proposed] Scheduling Order)(Perez, Barbara)
February 21, 2018 Opinion or Order Filing 37 ORDER/Notice re Plaintiff's Attorney Signed by Judge William P. Dimitrouleas on 2/20/18. (rms1)
February 15, 2018 Filing 36 NOTICE of Attorney Appearance by Alaina R Fotiu-Wojtowicz on behalf of Gregory Haskin Chiropractic Clinics, Inc.. Attorney Alaina R Fotiu-Wojtowicz added to party Gregory Haskin Chiropractic Clinics, Inc.(pty:pla). (Fotiu-Wojtowicz, Alaina)
February 15, 2018 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to File Response to Motion. Re: #33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law filed by USAA General Indemnity Company, USAA Casualty Insurance Company. Responses due by 3/16/2018 Signed by Judge William P. Dimitrouleas on 2/15/18. (rms1)
February 14, 2018 Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law by Gregory Haskin Chiropractic Clinics, Inc.. (Attachments: #1 Text of Proposed Order)(Perez, Barbara)
February 7, 2018 Filing 33 MOTION to Dismiss #28 Amended Complaint and Memorandum of Law by USAA Casualty Insurance Company, USAA General Indemnity Company. Responses due by 2/21/2018 (Attachments: #1 Exhibit 1: Jeffrey L. Rabin D.C. Policy, #2 Exhibit 2: Delmar A. Melton Policy, #3 Exhibit 3: National Physician Fee Schedule Relative Value File Calendar Year 2012, #4 Exhibit 4: National Physician Fee Schedule Relative Value File Calendar Year 2013, #5 Exhibit 5: CS/CS/H.B. 119, H.R., Final Bill Analysis (May 7, 2012), #6 Exhibit 6: CS/CS/H.B. 119, H.R., Final Bill Analysis (March 19, 2012), #7 Exhibit 7: CS/CS/H.B. 119, H.R., Message Summary (March 9, 2012), #8 Exhibit 8: CS/CS/H.B. 119, H.R., Staff Analysis (February 27, 2012), #9 Exhibit 9: CS/CS/H.B. 119, H.R., Staff Analysis (January 25, 2012), #10 Exhibit 10: Ch. 2012-197, Laws of Florida)(Linzer, Ross)
February 1, 2018 Filing 32 NOTICE of Attorney Appearance by Theophilos George Poulopoulos on behalf of Gregory Haskin Chiropractic Clinics, Inc. (Poulopoulos, Theophilos)
January 26, 2018 Opinion or Order Filing 31 ORDER GRANTING IN PART MOTION TO EXCEED PAGE LIMITS Signed by Judge William P. Dimitrouleas on 1/26/2018. (rms1)
January 25, 2018 Filing 30 Unopposed MOTION for Leave to File Consolidated Motion to Dismiss that Exceeds the Page Limits of Local Rule 7.1 by USAA Casualty Insurance Company, USAA General Indemnity Company. (Attachments: #1 Text of Proposed Order)(Gerstin, Ari)
January 23, 2018 Filing 29 NOTICE of Attorney Appearance by Joel Stephen Perwin on behalf of Gregory Haskin Chiropractic Clinics, Inc.. Attorney Joel Stephen Perwin added to party Gregory Haskin Chiropractic Clinics, Inc.(pty:pla). (Perwin, Joel)
January 8, 2018 Filing 28 Second AMENDED COMPLAINT - CLASS ACTION COMPLAINT against USAA Casualty Insurance Company, filed by Gregory Haskin Chiropractic Clinics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Aronovitz, Tod)
January 5, 2018 Opinion or Order Filing 27 ORDER CONSOLIDATING CASES; GRANTING UNOPPOSED MOTION TO EXTEND JOINT SCHEDULING REPORT DEADLINE, AND TO EXTEND THE TIME TO RESPOND TO THE COMPLAINT. Signed by Judge William P. Dimitrouleas on 1/5/2018. Associated Cases: 0:17-cv-61979-WPD, 0:17-cv-61980-WPD (kpe)
December 21, 2017 Filing 26 NOTICE of Compliance re #25 Order Granting Motion to Sever Cases : Case Number for Gregory Haskin Chiropractic Clinics, Inc. v. Windhaven Insurance Company is 0:17-cv-62532-WPD (rms1)
December 21, 2017 Opinion or Order Filing 25 ORDER SEVERING CASES; DIRECTING CLERK TO OPEN NEW CASE; DIRECTING PLAINTIFF TO FILE NEW COMPLAINTS, Windhaven Insurance Company terminated. Signed by Judge William P. Dimitrouleas on 12/21/17. (rms1)
December 20, 2017 Filing 24 RESPONSE TO ORDER TO SHOW CAUSE re #23 Order to Show Cause by Gregory Haskin Chiropractic Clinics, Inc.. (Perez, Barbara)
December 14, 2017 Opinion or Order Filing 23 ORDER TO SHOW CAUSE Why Motion Should not be Granted. Show Cause Response due by 12/20/2017. Signed by Judge William P. Dimitrouleas on 12/14/2017. (gp)
November 30, 2017 Opinion or Order Filing 22 ORDER granting #15 Motion for Extension of Time to File Response to First Amended Class Action Complaint, Windhaven Insurance Compay. Answer due 1/12/2018. Re: #4 Amended Complaint, filed by Gregory Haskin Chiropractic Clinics, Inc.. Signed by Judge William P. Dimitrouleas on 11/29/2017. (cqs)
November 30, 2017 Opinion or Order Filing 21 ORDER granting #14 Motion for Extension of Time to File Response to First Amended Class Action Complaint, USAA Casualty Insurance Company. Answer due 1/12/2018. Re: #4 Amended Complaint, filed by Gregory Haskin Chiropractic Clinics, Inc.. Signed by Judge William P. Dimitrouleas on 11/29/2017. (cqs)
November 29, 2017 Filing 20 Corporate Disclosure Statement by Windhaven Insurance Compay identifying Corporate Parent Windhaven Managers, Inc. for Windhaven Insurance Compay (Aldrich, Marcy)
November 29, 2017 Filing 19 Notice of Adoption by Windhaven Insurance Compay Related document: #18 MOTION to Sever the Claims Against Defendant Windhaven Insurance Company MOTION to Stay re #4 Amended Complaint, Pending Resolution of Motion to Sever filed by USAA Casualty Insurance Company. Attorney Ross Elliot Linzer added to party Windhaven Insurance Compay(pty:dft). (Linzer, Ross)
November 29, 2017 Filing 18 MOTION to Sever the Claims Against Defendant Windhaven Insurance Company, MOTION to Stay re #4 Amended Complaint, Pending Resolution of Motion to Sever by USAA Casualty Insurance Company. Responses due by 12/13/2017 (Gerstin, Ari)
November 29, 2017 Filing 17 SUMMONS (Affidavit) Returned Executed on #4 Amended Complaint, with a 21 day response/answer filing deadline by Gregory Haskin Chiropractic Clinics, Inc.. Windhaven Insurance Compay served on 11/17/2017, answer due 12/8/2017. (Aronovitz, Tod)
November 29, 2017 Filing 16 SUMMONS (Affidavit) Returned Executed on #4 Amended Complaint, with a 21 day response/answer filing deadline by Gregory Haskin Chiropractic Clinics, Inc.. USAA Casualty Insurance Company served on 11/17/2017, answer due 12/8/2017. (Aronovitz, Tod)
November 29, 2017 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint, by Windhaven Insurance Compay. Attorney Ari Gerstin added to party Windhaven Insurance Compay(pty:dft). (Attachments: #1 Text of Proposed Order)(Gerstin, Ari)
November 29, 2017 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint, by USAA Casualty Insurance Company. (Attachments: #1 Text of Proposed Order)(Gerstin, Ari)
November 22, 2017 Filing 13 Corporate Disclosure Statement by USAA Casualty Insurance Company identifying Corporate Parent United Services Automobile Association [USAA] for USAA Casualty Insurance Company (Linzer, Ross)
November 22, 2017 Filing 12 NOTICE of Attorney Appearance by Marcy Levine Aldrich on behalf of USAA Casualty Insurance Company. Attorney Marcy Levine Aldrich added to party USAA Casualty Insurance Company(pty:dft). (Aldrich, Marcy)
November 22, 2017 Filing 11 RESPONSE to #9 Order,, Set/Reset Deadlines, Regarding Consolidation by USAA Casualty Insurance Company. (Gerstin, Ari)
November 21, 2017 Filing 10 NOTICE by Gregory Haskin Chiropractic Clinics, Inc. re #9 Order,, Set/Reset Deadlines, - JOINT NOTICE IN RESPONSE TO COURTS ORDER REQUIRING RESPONSES REGARDING CONSOLIDATION (Perez, Barbara)
November 20, 2017 Opinion or Order Filing 9 ORDER REQUIRING RESPONSES REGARDING CONSOLIDATION. ( On or before 11/21/2017, the parties in each of the above-referenced cases shall file a Joint Notice, filed by the parties to that action, in that action's docket, indicating their position on whether these actions should be consolidated, and, if so, into what group(s) and for what purposes.) Signed by Judge William P. Dimitrouleas on 11/14/2017. (gp)
November 13, 2017 Filing 8 Summons Issued as to Windhaven Insurance Compay. (rms1)
November 13, 2017 Filing 7 NOTICE of Filing Proposed Summons(es) directed to Windhaven Insurance Company by Gregory Haskin Chiropractic Clinics, Inc. (Attachments: #1 Summon(s)) (Aronovitz, Tod)
October 24, 2017 Opinion or Order Filing 6 ORDER UPON TRANSFER Signed by Judge William P. Dimitrouleas on 10/24/17. (rms1)
October 23, 2017 Opinion or Order Filing 5 ORDER TRANSFERRING CASE to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow for all further proceedings, accepted and signed on 10/23/2017. Judge Kathleen M. Williams no longer assigned to case Signed by Judge Kathleen M. Williams on 10/23/17. (rms1)
October 12, 2017 Filing 4 First AMENDED COMPLAINT - CLASS ACTION COMPLAINT against USAA Casualty Insurance Company, Windhaven Insurance Compay, filed by Gregory Haskin Chiropractic Clinics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Aronovitz, Tod)
October 10, 2017 Filing 3 Summons Issued as to USAA Casualty Insurance Company. (rms1)
October 6, 2017 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (rms1)
October 6, 2017 Filing 1 COMPLAINT - CLASS ACTION COMPLAINT against USAA Casualty Insurance Company. Filing fees $ 400.00 receipt number 113C-10093628, filed by Gregory Haskin Chiropractic Clinics, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A, #4 Exhibit B)(Aronovitz, Tod)

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Defendant: Windhaven Insurance Compay
Represented By: Ari Gerstin
Represented By: Ross Elliot Linzer
Represented By: Marcy Levine Aldrich
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Defendant: USAA Casualty Insurance Company
Represented By: Ari Gerstin
Represented By: Ross Elliot Linzer
Represented By: Marcy Levine Aldrich
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Plaintiff: Gregory Haskin Chiropractic Clinics, Inc.
Represented By: Tod N. Aronovitz
Represented By: Theophilos George Poulopoulos
Represented By: Barbara Perez
Represented By: Joel Stephen Perwin
Represented By: Alaina R Fotiu-Wojtowicz
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Consolidated defendant: USAA General Indemnity Company
Represented By: Ross Elliot Linzer
Represented By: Ari Gerstin
Represented By: Marcy Levine Aldrich
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