Plantation Open MRI LLC v. Infinity Auto Insurance Company
| Plantation Open MRI LLC |
| Infinity Auto Insurance Company |
| 0:2018cv61825 |
| August 7, 2018 |
| U.S. District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| James I Cohn |
| Barry S Seltzer |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2018. A more recent docket listing may be available from PACER.
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Filing 34
PAPERLESS ORDER granting #32 Defendant's Unopposed Extension of Time to File its Reply in Support of its Motion to Stay Class Certification. Defendant shall file its reply in support of its Motion to Stay Class Certification on or before October 25, 2018. Signed by Judge James I. Cohn on 10/4/2018. (pjn)
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Filing 33
PAPERLESS ORDER granting #31 Defendant's Unopposed Motion for Extension of Time to File its Reply in Support of its Motion to Dismiss. Defendant shall file its reply in support of its Motion to Dismiss on or before October 25, 2018. Signed by Judge James I. Cohn on 10/4/2018. (pjn)
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| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 Defendant's MOTION to Stay re #12 Plaintiff's MOTION to Appoint Counsel Font and Nelson as Class Counsel by Infinity Auto Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order granting extension of stay reply)(Madani, Victoria) |
| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Infinity Auto Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension)(Madani, Victoria) |
| Filing 30 RESPONSE in Opposition re #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law Amended filed by Plantation Open MRI LLC. Replies due by 10/10/2018. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Font, Jose) |
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Filing 29
PAPERLESS ORDER granting in part #28 Plaintiff's Motion to Exceed Page Limitation ("Motion"). At this point, Plaintiff's counsel is frankly testing the Court's patience. The Court previously granted Plaintiff two extensions to respond to #10 Defendant's Motion to Dismiss and #17 Defendant's Motion to Stay Class Certification, and in the second order, cautioned Plaintiff that the Court was "not inclined to grant additional extensions of these deadlines absent exceptional circumstances." DE 26. Plaintiff then timely filed a response 25-page response. But Plaintiff now requests an additional three business days to file a 30-page amended response, and offers no reason, much less "exceptional circumstances," justifying a third extension. The Court will, however, reluctantly allow Plaintiff to file a 30-page amended response today, Wednesday, October 3, 2018. Plaintiff's counsel is advised that going forward, should he desire an extension, he should endeavor to file one motion (in advance of the original deadline) requesting all the time that he will actually need, and include in that motion any request to exceed the Local Rule's page limitation. Signed by Judge James I. Cohn on 10/3/2018. (pjn)
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| Filing 28 Plaintiff's MOTION for Leave to File Excess Pages PURSUANT TO LOCAL RULE 7.1 by Plantation Open MRI LLC. (Font, Jose) |
| Filing 27 RESPONSE in Opposition re #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law filed by Plantation Open MRI LLC. Replies due by 10/9/2018. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Font, Jose) |
| Set/Reset Deadlines as to #17 Defendant's MOTION to Stay re #12 Plaintiff's MOTION to Appoint Counsel Font and Nelson as Class Counsel , #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law. Responses due by 10/1/2018 per DE 26 . (pes) |
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Filing 26
PAPERLESS ORDER granting #24 Plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss and Motion to Stay Class Certification. Plaintiff shall respond to #10 Defendant's Motion to Dismiss and #17 Defendant's Motion to Stay Class Certification by October 1, 2018. The Court is not inclined to grant additional extensions of these deadlines absent exceptional circumstances. Additionally, Plaintiff's counsel is cautioned that any subsequent motions that do not comply strictly with Local Rule 7.1(a)(3) will be summarily denied. That rule requires that if the moving party has been unable to confer with the opposing party, they shall identify their efforts to do so with specificity. Signed by Judge James I. Cohn on 9/28/2018. (pjn)
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| Filing 25 Statement of: Non-Objection to Plaintiff's Motion for Extension of Time by Infinity Auto Insurance Company re #24 MOTION for Extension of Time to File Response/Reply/Answer as to #17 Defendant's MOTION to Stay re #12 Plaintiff's MOTION to Appoint Counsel Font and Nelson as Class Counsel (Labrit, Suzanne) |
| Filing 24 MOTION for Extension of Time to File Response/Reply/Answer as to #17 Defendant's MOTION to Stay re #12 Plaintiff's MOTION to Appoint Counsel Font and Nelson as Class Counsel by Plantation Open MRI LLC. (Font, Jose) |
| Reset Deadlines as to #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law. Responses due by 9/28/2018 (ls)(per DE #23) |
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Filing 23
PAPERLESS ORDER granting #22 Plaintiff's Second Unopposed Motion for Extension of Time to Respond to Motion to Dismiss. Plaintiff shall respond to #10 Defendant's Motion to Dismiss by the close of business on September 28, 2018. Signed by Judge James I. Cohn on 9/26/2018. (pjn)
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| Filing 22 Second MOTION for Extension of Time to File Response/Reply/Answer as to #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Plantation Open MRI LLC. (Attachments: #1 Exhibit Order)(Font, Jose) |
| Filing 21 NOTICE of Mediator Selection. Added Barry S. Seltzer. (Labrit, Suzanne) |
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Filing 20
PAPERLESS ORDER granting #19 Plaintiff's Unopposed Motion for Extension of Time to Respond to Motion to Dismiss. Plaintiff shall respond to #10 Defendant's Motion to Dismiss by September 25, 2018. Signed by Judge James I. Cohn on 9/19/2018. (pjn)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Plantation Open MRI LLC. (Attachments: #1 Exhibit Order)(Font, Jose) |
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Filing 18
PAPERLESS ORDER re #17 Defendant's Motion to Stay Briefing and Disposition of Plaintiff's Motion for Class Certification ("Motion to Stay"). In light of the Motion to Stay, the Court will temporarily stay the deadline for Defendant to respond to #12 Plaintiff's Motion for Class Certification pending resolution of the Motion to Stay. To be clear, the Court is not at this time granting the relief requested in the Motion to Stay and staying resolution of #12 Plaintiff's Motion for Class Certification pending resolution of #10 Defendant's Motion to Dismiss. Rather, the Court is temporarily staying briefing on #12 Plaintiff's Motion for Class Certification pending resolution of #17 Defendant's Motion to Stay. Signed by Judge James I. Cohn on 9/14/2018. (pjn)
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| Filing 17 Defendant's MOTION to Stay re #12 Plaintiff's MOTION to Appoint Counsel Font and Nelson as Class Counsel by Infinity Auto Insurance Company. Responses due by 9/27/2018 (Labrit, Suzanne) |
| Filing 16 TRANSCRIPT of Scheduling Conference held on 9/6/18 before Magistrate Judge Barry S. Seltzer, 1-19 pages, Court Reporter: Judy Wolff, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/1/2018. Redacted Transcript Deadline set for 10/10/2018. Release of Transcript Restriction set for 12/10/2018. (Attachments: #1 Designation Access Form)(hh) |
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Filing 15
ORDER REQUIRING MEDIATION. Signed by Magistrate Judge Barry S. Seltzer on 9/7/2018. See attached document for full details. (kpe)
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Filing 14
SCHEDULING ORDER. Signed by Magistrate Judge Barry S. Seltzer on 9/7/2018. See attached document for full details. (kpe) #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.
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| Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Barry S. Seltzer: Scheduling Conference held on 9/6/2018. Scheduling Order to follow. Attorney Appearance(s): Rachel Marie La Montagne, Victoria San Pedro Madani for the Defendant, Jose Pete Font for the Plaintiff, (Digital 13:59:27-14:18:53) (at) |
| Filing 12 Plaintiff's MOTION to Appoint Counsel Font and Nelson as Class Counsel by Plantation Open MRI LLC. Responses due by 9/20/2018 (Attachments: #1 Exhibit Depo Transcript, #2 Exhibit Affidavit, #3 Exhibit Motion to Stay)(Font, Jose) |
| Filing 11 Statement of: Parties' Pre-Scheduling Conference Conferral by Infinity Auto Insurance Company re #7 Scheduling Order,, (La Montagne, Rachel) |
| Filing 10 Defendant's MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Infinity Auto Insurance Company. Responses due by 9/18/2018 (Attachments: #1 Exhibit Exhibit 1 - Demand Letter)(Labrit, Suzanne) |
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Filing 9
PAPERLESS ORDER granting in part #8 Defendant's Second Motion for Extension of Time to File a Response to Plaintiff's Complaint. Defendant shall respond to Plaintiff's Complaint on or before Friday, September 7, 2018. The Court is not inclined to grant additional extensions of this deadline absent exceptional circumstances. Signed by Judge James I. Cohn on 8/24/2018. (pjn)
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| Filing 8 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Infinity Auto Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Ext)(Labrit, Suzanne) |
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Filing 7
SCHEDULING ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 9/6/2018 at 2:00 PM in Fort Lauderdale Division before Magistrate Judge Barry S. Seltzer. Signed by Magistrate Judge Barry S. Seltzer on 8/22/2018. See attached document for full details. (pes) #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.
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Filing 6
PAPERLESS ORDER granting #5 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall respond to Plaintiff's Complaint on or before Wednesday, August 29, 2018. Signed by Judge James I. Cohn on 8/10/2018. (pjn)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Infinity Auto Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Madani, Victoria) |
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Filing 4
ORDER SETTING CALENDAR CALL AND TRIAL DATE: (Trial set for 8/12/2019 at 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn., Calendar Call set for 8/8/2019 at 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn.), ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Discovery Matters and to conduct a Scheduling Conference. Signed by Senior Judge James I. Cohn on 8/8/2018. See attached document for full details. (pes) #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.
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| Filing 3 Certificate of Interested Parties/Corporate Disclosure Statement by Infinity Auto Insurance Company identifying Corporate Parent Infinity Property and Casualty Corporation, Corporate Parent Kemper Corporation, Corporate Parent Infinity Insurance Company for Infinity Auto Insurance Company (Labrit, Suzanne) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James I. Cohn. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer 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. (pes) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 400.00 receipt number 113C-10886540, filed by Infinity Auto Insurance Company. (Attachments: #1 Affidavit In Support of Removal, #2 Exhibit State Court Pleadings, #3 Civil Cover Sheet)(Labrit, Suzanne) |
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| Defendant: Infinity Auto Insurance Company | |
| Represented By: | Rachel Marie La Montagne |
| Represented By: | Victoria San Pedro Madani |
| Represented By: | Suzanne Youmans Labrit |
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| Plaintiff: Plantation Open MRI LLC | |
| Represented By: | Jose Pete Font |
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