Passage Health International, LLC v. USABLE HMO, INC.,
| Passage Health International, LLC |
| USABLE HMO, INC., an Arkansas Corporation doing business as ARKANSAS BLUE CROSS BLUE SHIELD, INC., and USAble HMO, Inc. doing business as ARKANSAS BLUE CROSS BLUE SHIELD, INC., |
| 0:2023cv62302 |
| December 4, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Alicia O Valle |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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Filing 40
PAPERLESS ORDER denying as moot Defendant's Motion to Dismiss, #17 . Sua sponte review of the docket reflects that Plaintiff has filed a Second Amended Complaint, #37 . Therefore, Defendant's Motion to Dismiss, #17 , is DENIED AS MOOT. In accordance with Fed. R. Civ. P. 15(a)(3), Defendant shall file its Response/Answer to Plaintiff's Second Amended Complaint on or before February 15, 2024. Signed by Judge Rodolfo A. Ruiz, II on 2/1/2024. (kgs)
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Filing 39
PAPERLESS ORDER granting in part #38 Defendant's Motion for Leave to File Excess Pages in Motion to Dismiss ("Motion"). This Motion requests leave to file 10 additional pages for a total of 30 pages comprising Defendant's forthcoming Motion to Dismiss Plaintiff's Second Amended Complaint, #37 . District courts enjoy broad discretion in deciding how to best manage the cases before them. See Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir. 2001); see also Chrysler Intl Corp. v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002). Given that the Second Amended Complaint contains only three counts and is just 13 pages, Defendant is granted leave to file five (5) additional pages for a total of twenty-five (25) pages. Counsel is encouraged to present his arguments as succinctly as possible and avoid advancing arguments with no chance of success on the merits. Signed by Judge Rodolfo A. Ruiz, II on 2/1/2024. (kgs)
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| Filing 38 Defendant's MOTION for Leave to File Excess Pages in Dispositive Motion to Dismiss Amended Complaint by USAble HMO, Inc.. (Yesner, Eric) |
| Filing 37 AMENDED COMPLAINT against USAble HMO, Inc. filed in response to Order Granting Motion for Leave, filed by Passage Health International, LLC.(Passaro, Geralyn) |
| Filing 36 NOTICE of Striking #34 Amended Complaint/Amended Notice of Removal, filed by Passage Health International, LLC by Passage Health International, LLC (Passaro, Geralyn) |
| Filing 35 Clerk's Notice to Filer re #34 Amended Complaint/Amended Notice of Removal,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ebz) |
| Filing 34 STRICKEN. AMENDED COMPLAINT against USAble HMO, Inc. filed in response to Order Granting Motion for Leave, filed by Passage Health International, LLC. (Attachments: #1 Exhibit 1-Authorization to Receive Payment, #2 Exhibit 2-Assignment of Benefits Agreement, #3 Exhibit 3-invoices)(Rothman, Robin) Modified per DE #36 Notice of Striking on 2/1/2024 (ebz). |
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Filing 33
PAPERLESS ORDER granting #32 Plaintiff's Motion for Leave to File Amended Complaint ("Motion"). On January 29, 2024, Plaintiff filed a Motion seeking leave to file an Amended Complaint. Per the Court's December 18, 2023 Scheduling Order ("Scheduling Order"), #15 , the deadline to file an Amended Complaint is today, January 29, 2024. Accordingly, no leave is yet required. Moreover, as the Court further directed in its January 26, 2024 Paperless Order, [ECF No. 31], "Plaintiff's counsel can either (1) proceed with filing an Amended Complaint before the January 29, 2024 deadline... or (2) if Plaintiff's counsel is unable to file an Amended Complaint at this time, she may seek leave from the Court by showing good cause for amending her Complaint after the deadline has passed." [ECF No. 31]. It is thus unclear to the Court why Plaintiff is once again seeking leave of the Court to file an Amended Complaint before the amended pleading deadline. Plaintiff's counsel is encouraged to read the Court's Orders and refrain from filing unnecessary entries on the docket that require the Court's attention. Plaintiff's counsel shall file the Amended Complaint before the end of the day. Signed by Judge Rodolfo A. Ruiz, II on 1/29/2024. (kgs)
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| Filing 32 MOTION for Leave to File Amended Complaint by Passage Health International, LLC. Attorney Robin Beth Rothman added to party Passage Health International, LLC(pty:pla). (Rothman, Robin) |
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Filing 31
PAPERLESS ORDER denying #30 Plaintiff's Motion For Extension of Time to Amend Pleadings ("Motion"). On December 19, 2023, the Court entered a Scheduling Order, #15 , in which the Court set January 29, 2024 as the deadline for the parties to file amended pleadings. On January 26, 2024, Plaintiff filed the instant Motion, which states "Plaintiff intends to amend the pleadings but is still in the fact gathering process and awaiting the resolution of the pending Motion to Dismiss filed on December 19, 2023." Mot. at 1. The Motion accordingly asks the Court to extend the deadline to amend pleadings to March 15, 2024. Mot. at 1. Under Fed. R. Civ. P. 15(a)(2), "a party may amend its pleading only with the opposing party's written consent or the court's leave. The Court should freely give leave when justice so requires." But the Court will not adjust deadlines in its Scheduling Order simply because the Motion to Dismiss is under advisement. Plaintiff's counsel can either (1) proceed with filing an Amended Complaint before the January 29, 2024 deadline, in which case the Court will deny the pending Motion to Dismiss, #17 , as moot, or (2) if Plaintiff's counsel is unable to file an Amended Complaint at this time, she may seek leave from the Court by showing good cause for amending her Complaint after the deadline has passed. Accordingly, Plaintiff's Motion, #30 , is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2024. (kgs)
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| Filing 30 Plaintiff's MOTION for Extension of Time to Amend PLEADINGS by Passage Health International, LLC. Responses due by 2/9/2024. (Passaro, Geralyn) |
| Filing 29 Defendant's REPLY to Response to Motion re #17 Defendant's MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint/Amended Notice of Removal MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by USAble HMO, Inc.. (Alter, Daniel) |
| Filing 28 RESPONSE to Motion re #17 Defendant's MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint/Amended Notice of Removal MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Passage Health International, LLC. Replies due by 1/25/2024. (Passaro, Geralyn) |
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Filing 27
ORDER Scheduling Mediation before John Salmon. Mediation Deadline 7/30/2024. Mediation Hearing set for 5/16/2024 02:00 PM. Signed by Judge Rodolfo A. Ruiz, II on 1/8/2024. See attached document for full details. (kgs)
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| Filing 26 Joint NOTICE of Mediator Selection. Selected/Added John W. Salmon as Mediator. (Passaro, Geralyn) |
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Filing 25
PAPERLESS ORDER striking #24 Amended Notice of Mediator Selection and Hearing ("Notice"). On January 5, 2024, the parties filed their Notice indicating that they have "agreed to the selection of Jeffrey Grubman as the mediator in this case." Notice at 1. The Notice also includes an address that appears to be the mediator's place of business. Id. Previously, on December 27, 2023, the parties filed a Joint Motion to Conduct Mediation by Videoconference, #18 , in which the parties stated that they "are confident that an effective mediation can occur by remote means in the event a mediation is necessary." #18 at 2. The Court granted the parties' request, [ECF No. 19]. Per the Court's December 18, 2023 Scheduling Order ("Order"), #15 , "the parties shall select a mediator in accordance with Local Rule 16.2; schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation via CM/ECF in the form specified on the Court's website." Order at 1. The parties' Notice fails to note the time and date of the Mediation Conference and fails to include a proposed order scheduling mediation. Moreover, it is unclear whether the Mediation Conference is now being held in person or via videoconference as the parties had previously requested. The Notice is therefore STRICKEN. Accordingly, the parties shall file a Notice of Mediator Selection and Hearing that complies with the Court's Order on or before January 8, 2024. Signed by Judge Rodolfo A. Ruiz, II on 1/5/2024. (kgs)
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| Filing 24 STRICKEN per DE# 25 , Amended Notice of Mediator Selection. Selected/Added JEFFREY S. GRUBMAN as Mediator. (Passaro, Geralyn) Modified text on 1/5/2024 (jas). |
| Filing 23 Clerk's Notice to Filer re #22 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional mediator. (ebz) |
| Filing 22 Joint NOTICE of Mediator Selection. Jeffrey Grubman Selected/Added Passage Health International, LLC as Mediator. (Passaro, Geralyn) |
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Filing 21
PAPERLESS ORDER granting #20 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply/Answer to Defendant's Motion to Dismiss, #17 . Plaintiff shall file a Response/Reply/Answer on or before January 19, 2024. Signed by Judge Rodolfo A. Ruiz, II on 12/30/2023. (kgs)
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| Filing 20 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #17 Defendant's MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint/Amended Notice of Removal MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Passage Health International, LLC. (Passaro, Geralyn) |
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Filing 19
PAPERLESS ORDER granting #18 Parties' Joint Motion to Attend Mediation via Remote Access/Zoom. The Court has considered the parties' concerns and has determined that good cause exists to conduct the mediation via Zoom or other video teleconferencing platform. Signed by Judge Rodolfo A. Ruiz, II on 12/27/2023. (kgs)
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| Filing 18 MOTION Joint Motion for Leave to Conduct Mediation by Videoconference by Passage Health International, LLC and by USABLE HMO, INC.,. (Alter, Daniel) |
| Filing 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction #14 Amended Complaint/Amended Notice of Removal , MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM ( Responses due by 1/2/2024) by USABLE HMO, INC.,. (Attachments: #1 Exhibit A - Declaration in Support of Defendant's Motion to Dismiss for Lack of Personal Jurisdiction)(Alter, Daniel) |
| Filing 16 CASE REFERRED to Magistrate Judge Alicia O. Valle. Per DE#15 , See Order for Image. (nan) |
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Filing 15
ORDER SETTING BENCH TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. Calendar Call set for 11/12/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II. Bench Trial set for 11/18/2024 in Miami Division before Judge Rodolfo A. Ruiz II. Amended Pleadings due by 1/29/2024. Discovery due by 7/23/2024. Expert Discovery due by 7/23/2024. Joinder of Parties due by 1/29/2024. Motions due by 8/6/2024. Pretrial Stipulation due by 9/3/2024. Signed by Judge Rodolfo A. Ruiz, II on 12/18/2023. See attached document for full details. (nan)
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| Filing 14 Plaintiff's AMENDED COMPLAINT against USABLE HMO, INC.,, filed by Passage Health International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Passaro, Geralyn) |
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Filing 13
ORDER TO SHOW CAUSE. Show Cause Response due by 12/20/2023. Signed by Judge Rodolfo A. Ruiz, II on 12/13/2023. See attached document for full details. (kgs)
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| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by USABLE HMO, INC., (Yesner, Eric) |
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Filing 11
PAPERLESS ORDER granting in part #10 Defendant Arkansas Blue Medicare's Motion for Leave to File Excess Pages. Defendant's Response/Answer to Plaintiff's Notice of Removal/Complaint, #1 , shall not exceed twenty-five (25) pages in length and shall be filed on or before December 21, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/11/2023. (kgs)
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| Filing 10 Defendant's MOTION for Leave to File Excess Pages for Dispositive Motion to Dismiss the Complaint by USABLE HMO, INC.,. (Attachments: #1 Text of Proposed Order Order on Defendant's Motion to Exceed Page Limitations)(Yesner, Eric) |
| Filing 9 Plaintiff's Corporate Disclosure Statement AND CERTIFICATE OF INTERESTED PERSONS by Passage Health International, LLC (Passaro, Geralyn) |
| Filing 8 Defendant's Corporate Disclosure Statement and Certificate of Interested Parties by USABLE HMO, INC., identifying Corporate Parent USAble Mutual Insurnance Company, Corporate Parent USAble Corporation for USABLE HMO, INC., (Yesner, Eric) |
| Filing 7 STATUS REPORT (Re: Removal) by USABLE HMO, INC., (Alter, Daniel) |
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Filing 6
PAPERLESS ORDER granting #5 Defendant's Unopposed Motion for Extension of Time to File Response/Answer as to Notice of Removal/State Court Complaint, #1 . Defendant shall file an Answer/Response to the Complaint on or before December 21, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2023. (kgs)
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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 USABLE HMO, INC.,. (Attachments: #1 Text of Proposed Order)(Alter, Daniel) |
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Filing 4
ORDER REQUIRING REMOVAL STATUS REPORT. Removal Status Report due by 12/19/2023. Signed by Judge Rodolfo A. Ruiz, II on 12/5/2023. See attached document for full details. (kgs)
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Filing 3
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES, AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 1/5/2024 Signed by Judge Rodolfo A. Ruiz, II on 12/5/2023. See attached document for full details. (kgs)
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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 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. (nan) |
| Set/Reset Deadlines/Hearings Status Report due by 12/19/2023. Per DE #4 Order. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17116616, filed by USAble HMO, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Insurance Agreement, #3 Exhibit B - State Court Complaint & Other State Court Documents. No Answer/Motion to Dismiss filed.) (Alter, Daniel) Modified Attachment Description on 12/5/2023 (nan). |
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| Plaintiff: Passage Health International, LLC | |
| Represented By: | Daniel J. Lomba |
| Represented By: | Geralyn Marie Passaro |
| Represented By: | Robin Beth Rothman |
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| Defendant: USABLE HMO, INC., an Arkansas Corporation doing business as ARKANSAS BLUE CROSS BLUE SHIELD, INC., | |
| Represented By: | Eric Matthew Yesner |
| Represented By: | Daniel Alter |
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| Defendant: USAble HMO, Inc. doing business as ARKANSAS BLUE CROSS BLUE SHIELD, INC., | |
| Represented By: | Eric Matthew Yesner |
| Represented By: | Daniel Alter |
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