Vanguard Plastic Surgery, PLLC v. Aetna Life Insurance Company
Vanguard Plastic Surgery, PLLC d/b/a Vanguard Aesthetic and Plastic Surgery and Vanguard Plastic Surgery, PLLC doing business as VANGUARD AESTHETIC AND PLASTIC SURGERY |
Aetna Life Insurance Company |
0:2024cv60217 |
February 6, 2024 |
US District Court for the Southern District of Florida |
Raag Singhal |
Jared M Strauss |
Contract: Other |
28 U.S.C. § 1330 Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 19 Joint NOTICE of Mediator Selection. and Mediation Selected/Added Howard Tescher as Mediator. (Martell, Nicole) |
Filing 18 ORDER. STRIKING #17 Notice of Mediator Selection and/or Hearing filed by Howard Tescher. The parties are DIRECTED to jointly file an amended notice and proposed order scheduling mediation no later than April 12, 2024. Signed by Judge Raag Singhal on 4/5/2024. See attached document for full details. (mee) |
Filing 17 NOTICE of Mediator Selection. Mediation Hearing set for 7/11/2024 at 10:00 a.m. via Zoom Video Conferencing Selected/Added Howard Tescher as Mediator. (Martell, Nicole) Modified Text on 4/4/2024 (ls). |
Filing 16 DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 3/20/2024. See attached document for full details. (cer) |
Filing 15 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRINGMEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 7/14/2025 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 7/9/2025 02:00 PM in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 4/9/2024., Discovery due by 2/25/2025., Expert Discovery due by 2/25/2025., Joinder of Parties due by 4/9/2024., Mediation Deadline 9/10/2024., In Limine Motions due by 5/6/2025., Dispositive Motions due by 3/31/2025., Motions due by 3/31/2025., Pretrial Stipulation due by 5/6/2025.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 9/10/2024.), ORDER REFERRING CASE to Magistrate Judge Jared M.Strauss for all discovery matters. Signed by Judge Raag Singhal on 3/20/2024. See attached document for full details. (mee) #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. |
Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Aetna Life Insurance Company (Attachments: #1 Exhibit A - Joint Proposed Scheduling Order)(DePiano, David) |
Filing 13 Defendant's ANSWER and Affirmative Defenses to Complaint by Aetna Life Insurance Company. (DePiano, David) |
Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Aetna Life Insurance Company identifying Corporate Parent CVS Health Corporation for Aetna Life Insurance Company (DePiano, David) |
Filing 11 PAPERLESS ORDER granting #10 Defendant's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendant Aetna Life Insurance Company shall file its response to Plaintiff's Complaint no later than 3/15/2024. Signed by Judge Raag Singhal on 2/29/2024. (lp00) |
Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Aetna Life Insurance Company. Attorney David J. DePiano added to party Aetna Life Insurance Company(pty:dft). (Attachments: #1 Text of Proposed Order Granting Defendant's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint)(DePiano, David) |
Filing 9 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Vanguard Plastic Surgery, PLLC identifying Corporate Parent Vanguard Plastic Surgery, PLLC for Vanguard Plastic Surgery, PLLC (Martell, Nicole) |
Filing 8 ORDER REQUIRING SCHEDULING REPORT. Within twenty (20) days of an appearance by a Defendant in this case, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Raag Singhal on 2/21/2024. See attached document for full details. (mee) |
Filing 7 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 2/21/2024. (lp00) |
Filing 6 PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 2/21/2024. (lp00) |
Filing 5 Statement of: SUPPLEMENTAL JURISDICTIONAL STATEMENT by Vanguard Plastic Surgery, PLLC (Martell, Nicole) |
Filing 4 PAPERLESS ORDER ON JURISDICTION - As the party asking this Court to invoke its jurisdiction, Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. The Complaint alleges diversity of citizenship. (DE #1 at 18). Plaintiff Vanguard Plastic Surgery, PLLC is a professional limited liability company, but the Complaint fails to allege the citizenship of the PLLC's members. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004) (citizenship of LLC includes citizenship of each member). Defendant Aetna Life Insurance Company is identified as a "foreign for-profit corporation," (DE #1 at 15), but Plaintiff fails to allege Defendant's citizenship. Jurisdiction, therefore, is not properly alleged. Plaintiff is, therefore, ORDERED to file a Supplemental Jurisdictional Statement that shows the Court's jurisdiction over this case. This statement should specifically identify the citizenship of Vanguard Plastic Surgery, PLLC and its members and Aetna Life Insurance Company. This jurisdictional statement is due fourteen (14) days from the date of this Order. Signed by Judge Raag Singhal on 2/8/2024. (lp00) |
Filing 3 Summons Issued as to Aetna Life Insurance Company. (rbe) |
Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (rbe) |
Filing 1 COMPLAINT and Demand for Jury Trial against Aetna Life Insurance Company. Filing fees $ 405.00 receipt number AFLSDC-17273364, filed by Vanguard Plastic Surgery, PLLC d/b/a Vanguard Aesthetic and Plastic Surgery. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons-Aetna)(Martell, Nicole) |
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Plaintiff: Vanguard Plastic Surgery, PLLC d/b/a Vanguard Aesthetic and Plastic Surgery | |
Represented By: | Nicole Marie Martell |
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Plaintiff: Vanguard Plastic Surgery, PLLC doing business as VANGUARD AESTHETIC AND PLASTIC SURGERY | |
Represented By: | Nicole Marie Martell |
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Defendant: Aetna Life Insurance Company | |
Represented By: | David J. DePiano |
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