Interim Healthcare Inc. v. ANA Healthcare, LLC et al
| Interim Healthcare Inc. |
| ANTHONY ADINOLFI, CHRISTIAN NICKERSON, ANA HEALTHCARE, LLC and DF HEALTHCARE PARTNERS, LLC |
| 0:2020cv62506 |
| December 7, 2020 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 20 Fourth MOTION for Extension of Time to File Response/Reply/Answer to Respond to Complaint and Motion for Preliminary Injunction by ANA Healthcare, LLC, Anthony Adinolfi, DF Healthcare Partners, LLC, Christian Nickerson. (Greene, David) |
Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulated Third Motion for Enlargement of Time to Respond to Complaint and Motion for Preliminary Injunction. #18 . Therein, Defendants request an extension of time to February 5, 2021 to file their responses to Plaintiff's Complaint #1 and Plaintiff's Motion for a Preliminary Injunction #5 "due to the ongoing and productive efforts to resolve this matter." Id. at 2. The Parties argue that they "have been actively engaged in settlement discussions and have made significant progress towards resolving this dispute, including having exchanged drafts of a Settlement Agreement, but have not yet finalized all of the terms of the Settlement Agreement." Id. UPON CONSIDERATION of the Motion #18 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Defendants' responses to Plaintiff's Complaint #1 and Plaintiff's Motion for a Preliminary Injunction #5 shall be due on or before February 5, 2021. Signed by Chief Judge K. Michael Moore on 1/29/2021. (hwr)
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| Reset Deadlines as to #5 Plaintiff's MOTION for Preliminary Injunction with Incorporated Memorandum of Law. Responses due by 2/5/2021 (ls)(per DE #19) |
| Filing 18 Third MOTION for Extension of Time to File Response/Reply/Answer to Respond to Complaint and Motion for Preliminary Injunction by ANA Healthcare, LLC, Anthony Adinolfi, DF Healthcare Partners, LLC, Christian Nickerson. (Greene, David) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulated Second Motion for Enlargement of Time to Respond to Complaint and Motion for Preliminary Injunction. #16 . Therein, Defendants request an extension of time to January 29, 2021 to file their responses to Plaintiff's Complaint #1 and Plaintiff's Motion for a Preliminary Injunction #5 "due to the ongoing and productive efforts to resolve this matter." Id. at 2. The Parties argue that they "have been actively engaged in settlement discussions and have made significant progress towards resolving this dispute, but have not yet reached a final settlement." Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #16 is GRANTED. Defendants' responses to Plaintiff's Complaint #1 and Plaintiff's Motion for a Preliminary Injunction #5 shall be due on or before January 29, 2021. Signed by Chief Judge K. Michael Moore on 1/15/2021. (hwr)
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| Reset Deadlines as to #5 Plaintiff's MOTION for Preliminary Injunction with Incorporated Memorandum of Law. Responses due by 1/29/2021 (ls)(per DE #17) |
| Filing 16 Second MOTION for Extension of Time to File Response/Reply/Answer to Respond to Complaint and Motion for Preliminary Injunction by ANA Healthcare, LLC, Anthony Adinolfi, DF Healthcare Partners, LLC, Christian Nickerson. (Greene, David) |
| Reset Answer Due Deadline: ANA Healthcare, LLC response due 1/15/2021; Anthony Adinolfi response due 1/15/2021; DF Healthcare Partners, LLC response due 1/15/2021; Christian Nickerson response due 1/15/2021. (ls)(per DE #15) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulated Motion for Enlargement of Time to Respond to Complaint and Motion for Preliminary Injunction. #13 . Therein, Defendants request a ten (10) day extension of time to file their responses to Plaintiff's Complaint #1 and Plaintiff's Motion for a Preliminary Injunction #5 "due to the intervening holidays and the parties' continuing settlement negotiations." Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #13 is GRANTED. Defendants' responses to Plaintiff's Complaint #1 and Plaintiff's Motion for a Preliminary Injunction #5 shall be due on or before January 15, 2021. Signed by Chief Judge K. Michael Moore on 1/4/2021. (hwr)
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| Filing 14 Clerks Notice to Filer re #13 Joint MOTION for Extension of Time to Respond to Complaint and re #1 Complaint, MOTION for Preliminary Injunction . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 13 Stipulated Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint and , ( Responses due by 1/19/2021), MOTION for Preliminary Injunction by ANA Healthcare, LLC, Anthony Adinolfi, DF Healthcare Partners, LLC, Christian Nickerson. (Greene, David) Modified Relief on 1/4/2021 (ls). |
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Filing 12
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 12/30/2020. (jz)
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| Filing 11 NOTICE of Attorney Appearance by David Andrew Greene on behalf of ANA Healthcare, LLC, Anthony Adinolfi, DF Healthcare Partners, LLC, Christian Nickerson. Attorney David Andrew Greene added to party ANA Healthcare, LLC(pty:dft), Attorney David Andrew Greene added to party Anthony Adinolfi(pty:dft), Attorney David Andrew Greene added to party DF Healthcare Partners, LLC(pty:dft), Attorney David Andrew Greene added to party Christian Nickerson(pty:dft). (Greene, David) |
| Filing 10 Plaintiff's Corporate Disclosure Statement by Interim Healthcare Inc. identifying Corporate Parent None for Interim Healthcare Inc. (Kain, Shannon) |
| Filing 9 Clerks Notice to Filer re #8 Summons Returned Executed. Docket Text Does Not Match Document; ERROR - The Filer failed to follow instructions when docketing this event, i.e. ATTENTION!!! DO NOT SELECT ANY GROUPS!!! HOLD DOWN THE CONTROL BUTTON (Ctrl) AND SELECT INDIVIDUALS ONLY!!!. It is not necessary to refile the document. (ls) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Interim Healthcare Inc.. All Defendants. (Kain, Shannon) |
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 12/8/2020. (hwr)
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Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/8/2020. (hwr)
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| Filing 5 Plaintiff's MOTION for Preliminary Injunction with Incorporated Memorandum of Law by Interim Healthcare Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jennifer Sheets)(Kain, Shannon) |
| Filing 4 Summons Issued as to ANTHONY ADINOLFI, ANA HEALTHCARE, LLC, DF HEALTHCARE PARTNERS, LLC, CHRISTIAN NICKERSON. (scn) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. (scn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-13988144, filed by Interim Healthcare Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Ana Healthcare, LLC, #3 Summon(s) Anthony Adinolfi, #4 Summon(s) Christian Nickerson, #5 Summon(s) DF Healthcare Partners, LLC, #6 Exhibit A - Franchise Agreement, #7 Exhibit B - Assignment & Consent to Transfer, #8 Exhibit C - Termination Notice)(Kain, Shannon) |
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