Vanguard Plastic Surgery, PLLC v. Blue Cross and Blue Shield of Florida, Inc. et al
Plaintiff: Vanguard Plastic Surgery, PLLC d/b/a Vanguard Aesthetic and Plastic Surgery and Vanguard Plastic Surgery, PLLC a Florida corporation doing business as Vanguard Aesthetic & Plastic Surgery
Defendant: Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue, Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc. and Blue Cross and Blue Shield of Florida, Inc. a Florida corporation doing business as Florida Blue
Case Number: 0:2021cv60387
Filed: February 18, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2021 Filing 32 RESPONSE in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), for lack of personal jurisdiction over BCBSMA HMO Blue, Inc.Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Vanguard Plastic Surgery, PLLC. Replies due by 4/19/2021. (Baisden, Genevieve)
April 12, 2021 Filing 31 Plaintiff's MOTION for Discovery Leave to Conduct Jurisdictional Discovery by Vanguard Plastic Surgery, PLLC. Responses due by 4/26/2021 (Attachments: #1 Exhibit Br. in Support of Defs. Mot. for Summ. J. on Pls. Section 1, Per Se, & Quick Look Claims)(Baisden, Genevieve)
April 12, 2021 Filing 30 Joint SCHEDULING REPORT - Rule 16.1 by Vanguard Plastic Surgery, PLLC (Attachments: #1 Text of Proposed Order Joint Scheduling Order)(Baisden, Genevieve)
April 12, 2021 Filing 29 MOTION for Disclosure by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. (Jefferson, Raquel)
April 12, 2021 Filing 28 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement Certificate of Interested Parties by Vanguard Plastic Surgery, PLLC (Baisden, Genevieve)
April 10, 2021 Opinion or Order Filing 27 PAPERLESS ORDER granting #25 Plaintiff's Unopposed Motion for Extension of Time to Reply in Support of Motion to Remand. Plaintiff shall file its reply brief no later than April 12, 2021. Signed by Judge Rodney Smith on 4/10/2021. (ogn)
April 9, 2021 Filing 26 RESPONSE in Support re #15 MOTION to Remand and for Attorney's Fees and Incorporated Memorandum of Law filed by Vanguard Plastic Surgery, PLLC. (Baisden, Genevieve)
April 8, 2021 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 Response in Opposition to Motion to Remand by Vanguard Plastic Surgery, PLLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Baisden, Genevieve)
April 5, 2021 Filing 24 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), for lack of personal jurisdiction over BCBSMA HMO Blue, Inc., Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM ( Responses due by 4/19/2021) by Blue Cross and Blue Shield of Florida, Inc., Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. (Attachments: #1 Exhibit A -Declaration)(Mansfield, Jennifer)
April 2, 2021 Filing 23 RESPONSE in Opposition re #15 MOTION to Remand and for Attorney's Fees and Incorporated Memorandum of Law filed by Blue Cross and Blue Shield of Florida, Inc.. Replies due by 4/9/2021. (Conner, Tim)
March 30, 2021 Opinion or Order Filing 22 ORDER STRIKING MULTIPLE MOTIONS TO DISMISS,stricken #19 Motion to Dismiss; stricken #19 Motion to Dismiss for Failure to State a Claim; striking #20 Motion to Dismiss; stricken #21 Motion to Dismiss for Lack of Jurisdiction; stricken #21 Motion to Dismiss for Failure to State a Claim. All Defendants shall file one joint motion to dismiss by no later than April 5, 2021. Signed by Judge Rodney Smith on 3/30/2021. See attached document for full details. Text Modified on 3/30/2021 (mee).
March 29, 2021 Filing 21 STRICKEN-Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), , Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM ( Responses due by 4/12/2021) by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. (Attachments: #1 Exhibit)(Jefferson, Raquel) Text Modified on 3/30/2021 (mee). Per Order d.e. #22 .
March 29, 2021 Filing 20 STRICKEN- MOTION to Dismiss #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. Responses due by 4/12/2021 (Attachments: #1 Exhibit Exhibit A)(Jefferson, Raquel) Text Modified on 3/30/2021 (mee). Per Order d.e. #22 .
March 29, 2021 Filing 19 STRICKEN- MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), #5 Notice (Other) , MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law ( Responses due by 4/12/2021) by Blue Cross and Blue Shield of Florida, Inc.. (Conner, Tim) Text Modified on 3/30/2021 (mee). Per Order d.e. #22 .
March 29, 2021 Opinion or Order Filing 18 PAPERLESS ORDER denying #17 Motion for Leave to File Excess Pages. The Motion to Dismiss shall not exceed twenty (20) pages in length. Signed by Judge Rodney Smith on 3/29/2021. (ogn)
March 29, 2021 Filing 17 Unopposed MOTION for Leave to File Excess Pages by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. (Attachments: #1 Text of Proposed Order proposed Order)(Jefferson, Raquel)
March 24, 2021 Opinion or Order Filing 16 PAPERLESS ORDER granting #4 Unopposed Motion for Leave to File Under Seal. Defendant Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc. shall file Exhibits C-1 through C-4 to the Notice of Removal under seal. Signed by Judge Rodney Smith on 3/24/2021. (ogn)
March 19, 2021 Filing 15 MOTION to Remand and for Attorney's Fees and Incorporated Memorandum of Law by Vanguard Plastic Surgery, PLLC. (Attachments: #1 Exhibit A - 2.17.21 Email from Plaintiff's counsel)(Hermann, Richard)
March 11, 2021 Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by Blue Cross and Blue Shield of Florida, Inc. identifying Corporate Parent GuideWell Mutual Holding Corporation for Blue Cross and Blue Shield of Florida, Inc. (Conner, Tim)
March 9, 2021 Opinion or Order Filing 13 PAPERLESS ORDER granting #8 Motion for Extension of Time. Defendant Blue Cross and Blue Shield of Florida, Inc. shall file its motion to dismiss no later than March 29, 2021. Signed by Judge Rodney Smith on 3/9/2021. (ogn)
March 9, 2021 Filing 12 Corporate Disclosure Statement by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc. (Jefferson, Raquel)
March 5, 2021 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonathan M. Herman. Signed by Judge Rodney Smith on 3/5/2021. (ogn)
March 5, 2021 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan M. Herman. Filing Fee $ 200.00 Receipt # AFLSDC-14498594 by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. Responses due by 3/19/2021 (Attachments: #1 Certification Attachment, #2 Text of Proposed Order Proposed Order)(Jefferson, Raquel)
February 26, 2021 Opinion or Order Filing 9 ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report,Certificates of Interested Parties and Corporate Disclosure Statements due by 4/12/2021. Signed by Judge Rodney Smith on 2/26/2021. See attached document for full details. (mee)
February 26, 2021 Filing 8 Unopposed MOTION for Extension of Time file MOL in support of MTD re #5 Notice (Other) by Blue Cross and Blue Shield of Florida, Inc.. Responses due by 3/12/2021 (Conner, Tim)
February 25, 2021 Set/Reset Answer Due Deadline: Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc. response due 3/29/2021. per DE 7 (cbr)
February 25, 2021 Opinion or Order Filing 7 PAPERLESS ORDER granting #6 Defendant Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc. shall file its response to the Complaint no later than March 29, 2021. Signed by Judge Rodney Smith on 2/25/2021. (ogn)
February 25, 2021 Filing 6 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. Responses due by 3/11/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Jefferson, Raquel)
February 25, 2021 Filing 5 NOTICE by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc. of Filing (Attachments: #1 Exhibit A) (Jefferson, Raquel)
February 19, 2021 Filing 4 Defendant's MOTION to Seal per Local Rule 5.4 by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. (Attachments: #1 Text of Proposed Order) (Jefferson, Raquel)
February 19, 2021 Filing 3 Bar Letter re: Admissions sent to attorney Charles Blake Dye, Jonathan Herman, mailing date 02/19/2021, (cco)
February 18, 2021 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. (mee)
February 18, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-14407568,no answer/affirmative defenses filed by Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons and Complaint, #3 Exhibit State Court Filings, #4 Exhibit Declaration, #5 Exhibit Joinder)(Jefferson, Raquel) Text Modified on 2/19/2021 (mee).

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Defendant: Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue
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Defendant: Blue Cross and Blue Shield of Massachusetts HMO Blue, Inc.
Represented By: Raquel Ramirez Jefferson
Represented By: Jonathan M. Herman
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Defendant: Blue Cross and Blue Shield of Florida, Inc. a Florida corporation doing business as Florida Blue
Represented By: Jonathan M. Herman
Represented By: Tim J Conner
Represented By: Michael B. Decembrino, Jr.
Represented By: Jennifer A. Mansfield
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Plaintiff: Vanguard Plastic Surgery, PLLC d/b/a Vanguard Aesthetic and Plastic Surgery
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Plaintiff: Vanguard Plastic Surgery, PLLC a Florida corporation doing business as Vanguard Aesthetic & Plastic Surgery
Represented By: Charles Blake Dye
Represented By: Genevieve Lee Baisden
Represented By: Richard Philip Hermann, II.
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