Desue et al v. 20/20 Eye Care Network, Inc. et al
| Wenston Desue, Stephany Alcala and Amber Lowe |
| 20/20 Eye Care Network, Inc., iCare Health Solutions, LLC, 20/20 Hearing Care Network, LLC and iCare Acquisition, Inc. |
| Myrmaris Fraguada, Heather Bowen, Benjamin F. Liang, David Runkle and Kristi Hoffman-Mock |
| Simply Healthcare Plans, Inc. |
| 0:2021cv61275 |
| June 21, 2021 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 8, 2023. A more recent docket listing may be available from PACER.
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Filing 33
AMENDED COMPLAINT (Consolidated Class Action Complaint) against 20/20 Eye Care Network, Inc., 20/20 Hearing Care Network, LLC, iCare Acquisition, Inc., filed by David Runkle, Benjamin F. Liang, Stephany Alcala, Amber Lowe. (Attachments: #1 Exhibit 1, #2 Summon(s), #3 Summon(s))(Antullis, Dorothy)
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Filing 32
NOTICE by Heather Bowen, Wenston Desue, Myrmaris Fraguada, Kristi Hoffman-Mock, David Runkle - Plaintiffs' Timekeeping Protocol - (Antullis, Dorothy) Modified text on 7/22/2021 to reflect correct filers (bb).
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Filing 31
TRANSCRIPT of Telephonic Status Conference held on 07/09/2021 before Judge Rodolfo A. Ruiz, II, Volume Number 1 of 1, 1-29 pages, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. 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 8/6/2021. Redacted Transcript Deadline set for 8/16/2021. Release of Transcript Restriction set for 10/14/2021. (Rassie, Ellen)
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SYSTEM ENTRY - Document 28, filed on 07/14/2021, modified/deleted. (mr1)
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Filing 30
Order Setting Deadlines, Page Limitations, Status Conference, and Staying Discovery. Consolidated Complaint due on 7/30/2021, Motion to Dismiss due on 9/13/2021, Response to Motion to Dismiss due on 10/13/2021, Reply due on 10/27/2021. Status Conference set for 8/25/2021 at 1:00 PM via Zoom. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2021. See attached document for full details. (as03) Modified to renumber missing document number on 7/15/2021 (mr1).
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Filing 29
Order Appointing Leadership Structure. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2021. See attached document for full details. (as03)
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Filing 28
PAPERLESS ORDER granting #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Jean Sutton Martin. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2021. (as03)
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Filing 27
PAPERLESS ORDER granting #25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Michael Anderson Berry. Signed by Judge Rodolfo A. Ruiz, II on 7/14/2021. (as03)
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Filing 26
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jean Sutton Martin. Filing Fee $ 200.00 Receipt # AFLSDC-14845050 by Heather Bowen, Wenston Desue, Myrmaris Fraguada, Kristi Hoffman-Mock, David Runkle. Responses due by 7/28/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(McGee, Ryan)
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Filing 25
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Anderson Berry. Filing Fee $ 200.00 Receipt # AFLSDC-14844916 by Kristi Hoffman-Mock. Responses due by 7/28/2021 (Attachments: #1 Text of Proposed Order)(Kuntz, Robert)
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Filing 24
Joint SCHEDULING REPORT - Rule 26(f) by Heather Bowen, Wenston Desue, Myrmaris Fraguada, Kristi Hoffman-Mock, David Runkle (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Text of Proposed Order SETTING DEADLINES, PAGE LIMITATIONS, STAYING DISCOVERY AND STATUS CONFERENCE, #10 Text of Proposed Order APPOINTING LEADERSHIP STRUCTURE)(McGee, Ryan)
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Filing 23
ORDER CONSOLIDATING CASES. The Clerk of the Court is instructed to CLOSE Case No. 21-cv-61406 for administrative purposes only. All future filings shall be made under Case No. 21-cv-61275 only. Signed by Judge Rodolfo A. Ruiz, II on 7/12/2021. See attached document for full details. (gp)
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Filing 22
ORDER CONSOLIDATING CASES. The Clerk of the Court is instructed to CLOSE Case No. 21-cv-61357 for administrative purposes only. All future filings shall be made under Case No. 21-cv-61275 only. Signed by Judge Rodolfo A. Ruiz, II on 7/9/2021. See attached document for full details. (gp)
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Filing 21
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT. On or before Tuesday, July 13, 2021, the parties shall file a joint scheduling report setting forth the deadlines discussed at the July 9, 2021 status conference. Additionally, the joint scheduling report shall include Plaintiffs' proposal for interim lead class counsel pursuant to Fed. R. Civ. P. 23(g)(3), as well as any other leadership structure Plaintiffs would like the Court to consider to ensure the orderly and efficient progression of this case. As discussed at the status conference, the parties may also include in the joint scheduling report their desired page limits for a consolidated motion to dismiss and related responses/replies. Signed by Judge Rodolfo A. Ruiz, II on 7/9/2021. (as03)
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Filing 20
PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 7/9/2021. Order to follow. Attorney Appearance(s): Caitlin F Saladrigas, Mark S. Melodia, Dorothy P. Antullis, Joseph M. Lyon, Terence R. Coates, Gayle M. Blatt, Ryan McGee, Francesca Kester, Bryan L. Bleichner, Nathan Prosser, M. Anderson Berry, Jean Martin, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. (gp)
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Filing 19
PAPERLESS ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Bryan L. Bleichner. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2021. (as03)
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Filing 18
PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Mark S. Melodia. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2021. (as03)
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Filing 17
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Terence R. Coates. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2021. (as03)
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Filing 16
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Gayle M. Blatt. Signed by Judge Rodolfo A. Ruiz, II on 6/30/2021. (as03)
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Filing 15
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bryan L. Bleichner. Filing Fee $ 200.00 Receipt # AFLSDC-14810624 by Myrmaris Fraguada. Responses due by 7/14/2021 (Attachments: #1 Certification of Bryan L. Bleichner, #2 Text of Proposed Order)(Davidson, Stuart)
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Filing 14
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark S. Melodia. Filing Fee $ 200.00 Receipt # AFLSDC-14810581 by 20/20 Eye Care Network, Inc., ICARE HEALTH SOLUTIONS, LLC. Responses due by 7/14/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Saladrigas, Caitlin)
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Filing 13
NOTICE of Attorney Appearance by Caitlin F Saladrigas on behalf of 20/20 Eye Care Network, Inc., ICARE HEALTH SOLUTIONS, LLC. Attorney Caitlin F Saladrigas added to party 20/20 Eye Care Network, Inc.(pty:dft), Attorney Caitlin F Saladrigas added to party ICARE HEALTH SOLUTIONS, LLC(pty:dft). (Saladrigas, Caitlin)
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Filing 12
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Terence R. Coates. Filing Fee $ 200.00 Receipt # AFLSDC-14809666 by Heather Bowen, Benjamin F. Liang. Responses due by 7/14/2021 (Attachments: #1 Certification of Terence R. Coates, #2 Text of Proposed Order)(Davidson, Stuart)
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Filing 11
ORDER CONSOLIDATING CASES AND SETTING STATUS CONFERENCE. The Clerk of Court is instructed to CLOSE Case Nos. 21-cv-61292 and 21-cv-61302 for administrative purposes only. All future filings shall be made under Case No. 21-cv-61275 only. Counsel for the parties in all three consolidated cases shall appear for a telephonic status conference on July 9, 2021 at 2:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 1:55 P.M. The access code is 9372453 and the password is 0918. Signed by Judge Rodolfo A. Ruiz, II on 6/28/2021. See attached document for full details. (gp)
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Filing 10
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gayle M. Blatt. Filing Fee $ 200.00 Receipt # AFLSDC-14803526 by Wenston Desue. Responses due by 7/12/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(McGee, Ryan)
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Set Hearings per ECF No. #11 Order: Telephonic Status Conference set for 7/9/2021 02:00 PM before Judge Rodolfo A. Ruiz II. The parties are instructed to call 1-877-402-9753 by no later than 1:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. (gp)
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Filing 9
Order Requiring Joint Scheduling Report. Joint Scheduling Report due by 7/20/2021. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2021. See attached document for full details. (as03)
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Filing 8
Order Requiring Combined Responses. Signed by Judge Rodolfo A. Ruiz, II on 6/27/2021. See attached document for full details. (as03)
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Filing 7
WAIVER OF SERVICE Returned Executed by Wenston Desue. ICARE HEALTH SOLUTIONS, LLC waiver sent on 6/25/2021, answer due 8/24/2021. (McGee, Ryan)
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Filing 6
WAIVER OF SERVICE Returned Executed by Wenston Desue. 20/20 Eye Care Network, Inc. waiver sent on 6/25/2021, answer due 8/24/2021. (McGee, Ryan)
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Filing 5
Bar Letter re: Admissions sent to attorney Gayle M. Blatt, mailing date June 22, 2021, (pt)
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Filing 4
Summons Issued as to 20/20 Eye Care Network, Inc. (drz)
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Filing 3
Summons Issued as to ICARE HEALTH SOLUTIONS, LLC. (drz)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (drz)
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Filing 1
COMPLAINT against 20/20 Eye Care Network, Inc., iCare Health Solutions, LLC. Filing fees $ 402.00 receipt number AFLSDC-14784164, filed by Wenston Desue. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Summon(s), #4 Summon(s))(McGee, Ryan)
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