Aihie v. Humana Inc.
| Osadebamwen N. Aihie |
| Humana Inc. and Humana Marketpoint, Inc. |
| 0:2019cv62921 |
| November 25, 2019 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 45 STIPULATION of Dismissal by Humana Marketpoint, Inc. (Pena, Kelly) |
Filing 44
PAPERLESS ORDER granting #43 Defendant's Motion for Enlargement of Time to File Dismissal Stipulation. The parties shall file their Stipulation of Dismissal by October 19, 2020. Signed by Judge Rodney Smith on 9/18/20. (cbn)
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| Filing 43 Defendant's MOTION for Extension of Time to File Dismissal Stipulation re 42 Order on Motion for Extension of Time by Humana Marketpoint, Inc.. Responses due by 10/2/2020 (Attachments: #1 Text of Proposed Order)(Pena, Kelly) |
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Filing 42
PAPERLESS ORDER granting #41 Joint Motion for Enlargement of Time to File Dismissal Stipulation. The parties shall file their Stipulation of Dismissal by September 18, 2020. Signed by Judge Rodney Smith on 7/20/20. (cbn)
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| Filing 41 Joint MOTION for Extension of Time to File Dismissal Stipulation re #40 Notice of Court Practice/to Appear/Other,, Administrative Order, by Humana Marketpoint, Inc.. Responses due by 8/3/2020 (Attachments: #1 Text of Proposed Order)(Pena, Kelly) |
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Filing 40
NOTICE OF COURT PRACTICE ON NOTICE OF SETTLEMENT. The parties shall file their Stipulation of Dismissal in accordance with Federal Rule of Civil Procedure 41 on or before July 20, 2020. Failure to comply with this Order may result in the final dismissal of this case. All pending motions not otherwise ruled upon are DENIED AS MOOT. This case is CLOSED. Signed by Judge Rodney Smith on 6/18/2020. See attached document for full details. (amb)
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| Filing 39 NOTICE of Settlement by Osadebamwen N. Aihie (Storch, Noah) |
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Filing 38
AMENDED ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Trial set for 1/19/2021 before Judge Rodney Smith. Calendar Call set for 1/12/2021 at 9:00 AM before Judge Rodney Smith. Amended Pleadings due by 5/1/2020. Expert Discovery due by 7/31/2020. Fact Discovery due by 7/10/2020. Joinder of Parties due by 5/1/2020. Mediation Deadline 8/7/2020. In Limine Motions due by 11/13/2020. Dispositive Motions due by 8/21/2020. Motions due by 11/13/2020. Pretrial Stipulation due by 12/18/2020. Signed by Judge Rodney Smith on 6/4/2020. See attached document for full details. (ail) #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 37 Defendant's ANSWER and Affirmative Defenses to Amended Complaint by Humana Marketpoint, Inc.. Attorney Kelly Marie Pena added to party Humana Marketpoint, Inc.(pty:dft). (Pena, Kelly) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #33 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Osadebamwen N. Aihie. Humana Marketpoint, Inc. served on 5/13/2020, answer due 6/3/2020. (Storch, Noah) |
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Filing 35
PAPERLESS ORDER denying as moot #5 Defendant's Motion to Dismiss Count IV with Prejudice. Plaintiff has filed an Amended Complaint. Signed by Judge Rodney Smith on 5/9/2020. (cbn)
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| Filing 34 Summons Issued as to Humana Marketpoint, Inc.. (ail) |
| Filing 33 AMENDED COMPLAINT and Demand for Jury Trial against Humana Inc. filed in response to Order Granting Motion for Leave, filed by Osadebamwen N. Aihie. (Attachments: #1 Summon(s))(Storch, Noah) |
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Filing 32
PAPERLESS ORDER granting #31 Plaintiff's Motion for Leave to File Amended Complaint. The Motion is unopposed. Plaintiff shall file its Amended Complaint as a separate docket entry by May 6, 2020. Defendant shall file its response within twenty days of the filing of the Amended Complaint. Signed by Judge Rodney Smith on 5/2/2020. (cbn)
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| Filing 31 Unopposed MOTION for Leave to File Amended Complaint by Osadebamwen N. Aihie. (Attachments: #1 Exhibit Exhibit A - Amended Complaint, #2 Exhibit Exhibit B - Proposed Order)(Storch, Noah) |
| Filing 30 NOTICE OF WITHDRAWAL OF MOTION by Humana Inc. re #18 Defendant's MOTION to Compel Better Discovery Responses filed by Humana Inc. (Pena, Kelly) |
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Filing 29
PAPERLESS ORDER granting #28 Plaintiff's Unopposed Motion for Extension of Time to File Response to #18 Defendant's Motion to Compel. Accordingly, Plaintiff's Response is due by April 13, 2020. Signed by Magistrate Judge Alicia O. Valle on 3/30/2020. (sr00)
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Defendant's Motion to Compel Better Discovery Responses by Osadebamwen N. Aihie. (Attachments: #1 Exhibit A - Proposed Order)(Storch, Noah) |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE by Osadebamwen N. Aihie. (Storch, Noah) |
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Filing 26
PAPERLESS ORDER TO SHOW CAUSE. On March 20, 2020, in light of Plaintiff's counsel's withdrawal, the undersigned sua sponte extended Plaintiff's time to respond to #18 Defendant's Motion to Compel (the "Motion") to March 25, 2020. See 23 . On March 23, 2020, Plaintiff obtained new counsel. See #24 and #25 . To date, however, Plaintiff has not responded to the Motion. Accordingly, by March 30, 2020, Plaintiff must show cause why the Motion should not be granted. Failure to timely respond or otherwise seek relief from the Court may result in the Motion being granted by default without further notice. Signed by Magistrate Judge Alicia O. Valle on 3/27/2020. (sr00)
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| Filing 25 NOTICE of Attorney Appearance by Alexander Thomas Harne on behalf of Osadebamwen N. Aihie. Attorney Alexander Thomas Harne added to party Osadebamwen N. Aihie(pty:pla). (Harne, Alexander) |
| Filing 24 NOTICE of Attorney Appearance by Noah E Storch on behalf of Osadebamwen N. Aihie. Attorney Noah E Storch added to party Osadebamwen N. Aihie(pty:pla). (Storch, Noah) |
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Filing 23
PAPERLESS ORDER. This matter comes before the Court upon #18 Defendant's Motion to Compel Better Discovery Responses (the "Motion"). Plaintiffs response to the Motion was initially due on March 17, 2020. See (ECF No. 19). However, in light of #20 Plaintiff's counsel withdrawal on March 18, 2020, and as Plaintiff is now proceeding pro se, Plaintiff is ordered to respond to the Motion by March 25, 2020. Signed by Magistrate Judge Alicia O. Valle on 3/20/2020. (sr00)
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| Filing 22 NOTICE of Compliance with Order on Motion to Withdraw by Tobechuku Tony Nwahiri re #20 Order on Motion to Withdraw as Attorney,. Attorney Tobechuku Tony Nwahiri added to party Tobechuku Tony Nwahiri(pty:ip). (Nwahiri, Tobechuku) |
| Filing 21 NOTICE of Compliance by Osadebamwen N. Aihie re #20 Order on Motion to Withdraw as Attorney. (Plaintiff's contact information added) (amb) |
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Filing 20
ORDER GRANTING MOTION TO WITHDRAW. ORDER granting #17 Motion to Withdraw as Attorney. Tobechuku Tony Nwahiri withdrawn from case. Attorney Tobechuku Tony Nwahiri shall provide a copy of this order to Plaintiff by March 27, 2020 and shall file a notice with the Court indicating compliance. Signed by Judge Rodney Smith on 3/18/2020. See attached document for full details. (amb)
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| Filing 19 NOTICE OF DISCOVERY PROCEDURES. Judge Valle's discovery procedures are set forth at http://www.flsd.uscourts.gov/content/judge-alicia-o-valle. Specifically, discovery motions are handled on an expedited briefing schedule and with a shortened page limitation. The parties shall file responses to discovery motions no later than seven (7) days after a motion is filed. These deadlines are inclusive of the mailing days allotted by the Federal and Local Rules. Contrary deadlines that may appear on the Court's docket or on reports generated by CM/ECF cannot modify these procedures. Any discovery motion and response, including the incorporated memorandum of law, shall not exceed ten (10) double-spaced pages, using 12-point font. Reply memoranda, if permitted by the Court, shall not exceed five (5) double-spaced pages. Accordingly, Plaintiff's response to #18 Defendants Motion to Compel Better Discovery Responses is due by March 17, 2020. Signed by Magistrate Judge Alicia O. Valle on 3/10/2020. (sr00) |
| Filing 18 Defendant's MOTION to Compel Better Discovery Responses by Humana Inc.. Responses due by 3/24/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pena, Kelly) |
| Filing 17 MOTION to Withdraw as Attorney With Notice of Charging Lien by Tobechuku Nwahiri for / by Osadebamwen N. Aihie. Responses due by 3/19/2020 (Attachments: #1 Affidavit Attorney Fees and Cost)(Nwahiri, Tobechuku) |
| Filing 16 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Humana Inc., Marlene Quintana as Mediator. Mediation Hearing set for 6/24/2020 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Pena, Kelly) |
| Filing 15 Initial Disclosure(s) by Osadebamwen N. Aihie (Nwahiri, Tobechuku) |
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Filing 14
ORDER OF REFERRAL TO MEDIATION. Mediation Deadline 8/7/2020. Signed by Judge Rodney Smith on 1/21/2020. See attached document for full details. (amb)
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Filing 13
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE. SCHEDULING ORDER: ( Jury Trial set for 1/19/2020 before Judge Rodney Smith., Calendar Call set for 1/12/2020 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 5/1/2020., Expert Discovery due by 7/31/2020., Fact Discovery due by 7/10/2020., Joinder of Parties due by 5/1/2020., Mediation Deadline 8/7/2020., In Limine Motions due by 11/13/2020., Dispositive Motions due by 8/21/2020., Motions due by 11/13/2020., Pretrial Stipulation due by 12/18/2020.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Pretrial Non-Dispositive Matters. Signed by Judge Rodney Smith on 1/21/2020. See attached document for full details. (amb) #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 12 Joint SCHEDULING REPORT - Rule 26(f) by Humana Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pena, Kelly) |
| Filing 11 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Humana Inc. identifying Other Affiliate Humana MarketPoint, Inc. for Humana Inc. (Pena, Kelly) |
| Filing 10 Clerks Notice to Filer re #9 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Humana Inc. (Pena, Kelly) |
| Filing 8 REPLY to Response to Motion re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Count IV With Prejudice filed by Humana Inc.. (Pena, Kelly) |
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Filing 7
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT - Joint Scheduling Report due by 1/17/2020 Signed by Judge Rodney Smith on 12/16/2019. See attached document for full details. (ail)
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| Filing 6 RESPONSE in Opposition re #5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Count IV With Prejudice filed by Osadebamwen N. Aihie. Replies due by 12/23/2019. (Nwahiri, Tobechuku) |
| Filing 5 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Defendant's Motion to Dismiss Count IV With Prejudice by Humana Inc.. Responses due by 12/16/2019 (Pena, Kelly) |
| Filing 4 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Humana Inc.. (Pena, Kelly) |
| Filing 3 Defendant's Corporate Disclosure Statement by Humana Inc. (Pena, Kelly) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. 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. (amb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - State Court Complaint) Filing fee $ 400.00 receipt number 113C-12177245, filed by Humana Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Pena, Kelly) |
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