Holy Cross Hospital, Inc. v. American Anesthesiology Services of Florida, Inc. et al
| Holy Cross Hospital, Inc. |
| American Anesthesiology Services of Florida, Inc, American Anesthesiology, Inc, NMSC II, LLC and North American Partners In Anesthesia, L.L.P. |
| 0:2024cv60315 |
| February 26, 2024 |
| US District Court for the Southern District of Florida |
| David S Leibowitz |
| Raag Singhal |
| Anti-Trust |
| 28 U.S.C. § 1337 Sherman-Clayton Act |
| Defendant |
Docket Report
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This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.
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Filing 28
ORDER OF REASSIGNMENT to Judge David S. Leibowitz for all further proceedings. Judge Raag Singhal no longer assigned to case. Signed by Judge Raag Singhal on 4/24/2024. See attached document for full details. (yar)
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| Filing 27 Joint SCHEDULING REPORT - Rule 16.1 by Holy Cross Hospital, Inc. (Attachments: #1 Text of Proposed Order Joint Scheduling Order)(Goldman, Peter) |
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Filing 26
ORDER: It is hereby ORDERED AND ADJUDGED that the Motions (DE #21 ), (DE #22 ), and (DE #23 ) are GRANTED. Scott OConnell, William M. Katz, Jr., and Marc Antonecchia may appear and participate in this action on behalf of Defendants American Anesthesiology Services of Florida, Inc., American Anesthesiology, Inc., NMSC II, LLC, and North American Partners in Anesthesia, LLP. Signed by Judge Raag Singhal on 4/15/2024. See attached document for full details. (wce)
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| Filing 25 Plaintiff's MOTION to Dismiss #19 Answer to Complaint,,, Counterclaim,, by Holy Cross Hospital, Inc.. Responses due by 4/29/2024. (Goldman, Peter) |
| Filing 24 NOTICE of Attorney Appearance by Taariq Muhammad Lewis on behalf of American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P.. Attorney Taariq Muhammad Lewis added to party American Anesthesiology, Inc(pty:dft), Attorney Taariq Muhammad Lewis added to party American Anesthesiology, Inc(pty:cc), Attorney Taariq Muhammad Lewis added to party American Anesthesiology Services of Florida, Inc(pty:cc), Attorney Taariq Muhammad Lewis added to party American Anesthesiology Services of Florida, Inc(pty:dft), Attorney Taariq Muhammad Lewis added to party NMSC II, LLC(pty:cc), Attorney Taariq Muhammad Lewis added to party NMSC II, LLC(pty:dft), Attorney Taariq Muhammad Lewis added to party North American Partners In Anesthesia, L.L.P.(pty:cc), Attorney Taariq Muhammad Lewis added to party North American Partners In Anesthesia, L.L.P.(pty:dft). (Lewis, Taariq) |
| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc Antonecchia. Filing Fee $ 200.00 Receipt # AFLSDC-17395245 by American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P.. Responses due by 4/8/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Lada, Jennifer) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William M. Katz, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17395242 by American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P.. Responses due by 4/8/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Lada, Jennifer) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott O'Connell. Filing Fee $ 200.00 Receipt # AFLSDC-17395239 by American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P.. Responses due by 4/8/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Lada, Jennifer) |
| Filing 20 Corporate Disclosure Statement by American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P. identifying Corporate Parent NAPA Management Services Corporation for NMSC II, LLC, NMSC II, LLC; Corporate Parent NMSC II, LLC for American Anesthesiology, Inc, American Anesthesiology, Inc (Lada, Jennifer) |
| Filing 19 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Holy Cross Hospital, Inc. by NMSC II, LLC, American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, North American Partners In Anesthesia, L.L.P.. Attorney Jennifer Lada added to party American Anesthesiology, Inc(pty:dft), Attorney Jennifer Lada added to party American Anesthesiology Services of Florida, Inc(pty:dft), Attorney Jennifer Lada added to party NMSC II, LLC(pty:dft), Attorney Jennifer Lada added to party North American Partners In Anesthesia, L.L.P.(pty:dft). (Lada, Jennifer) |
| Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Holy Cross Hospital, Inc.. American Anesthesiology, Inc served on 3/4/2024, response/answer due 3/25/2024; American Anesthesiology Services of Florida, Inc served on 3/4/2024, response/answer due 3/25/2024; NMSC II, LLC served on 3/6/2024, response/answer due 3/27/2024; North American Partners In Anesthesia, L.L.P. served on 3/11/2024, response/answer due 4/1/2024. (Goldman, Peter) |
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Filing 17
Order Requiring Scheduling Report: Within twenty (20) days of a Defendant making an appearance 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 3/4/2024. See attached document for full details. (wce)
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Filing 16
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 3/4/2024. (jgr)
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| Filing 15 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 3/4/2024. (jgr) |
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Filing 14
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David A. Ettinger. Signed by Judge Raag Singhal on 3/1/2024. (pb00)
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Filing 13
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benjamin J. VanderWerp. Signed by Judge Raag Singhal on 3/1/2024. (pb00)
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| Filing 12 Clerk's Notice of Docket Correction re #6 Summons Issued. Correction Other. Summonses were blank. Find corrected summonses at DE#11. (scn) |
| Filing 11 Summons Issued as to American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P. (scn) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin J. VanderWerp. Filing Fee $ 200.00 Receipt # AFLSDC-17325999 by Holy Cross Hospital, Inc.. Responses due by 3/12/2024. (Attachments: #1 Exhibit Benjamin J. Vanderwerp, #2 Exhibit Order Granting Motion to Appear Pro Hac Vice)(Goldman, Peter) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Ettinger. Filing Fee $ 200.00 Receipt # AFLSDC-17325980 by Holy Cross Hospital, Inc.. Responses due by 3/12/2024. (Attachments: #1 Exhibit Certification of David A. Ettinger, #2 Exhibit Order Granting Pro Hac Vice Motion)(Goldman, Peter) |
| Filing 8 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Holy Cross Hospital, Inc. (Goldman, Peter) |
| Filing 7 NOTICE of Attorney Appearance by Danna Khawam on behalf of Holy Cross Hospital, Inc.. Attorney Danna Khawam added to party Holy Cross Hospital, Inc.(pty:pla). (Khawam, Danna) |
| Filing 6 Summons Issued as to American Anesthesiology, Inc, American Anesthesiology Services of Florida, Inc, NMSC II, LLC, North American Partners In Anesthesia, L.L.P. (scn) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Holy Cross Hospital, Inc. re #1 Complaint, filed by Holy Cross Hospital, Inc. (Attachments: #1 Summon(s) Revised Summons to North American Partners in Anesthesia, L.L.P., #2 Summon(s) Revised Summons to NMSC II, LLC, #3 Summon(s) Revised Summons to American Anesthesiology Services of Florida, Inc., #4 Summon(s) Revised Summons to American Anesthesiology, Inc.) (Goldman, Peter) |
| Filing 4 Bar Letter re: Admissions sent to attorney David A. Ettinger, Benjamin VanderWerp, mailing date February 26, 2024, (pt) |
| Filing 3 Clerk's Notice to Filer re: Summonses will not be issued. Attorney or Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summonses with the corrected summons attached. (wce) |
| 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. (wce) |
| Filing 1 COMPLAINT Complaint for Declaratory Judgment against Defendants. Filing fees $ 405.00 receipt number AFLSDC-17319853, filed by Holy Cross Hospital, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) American Anesthesiology Services of Florida, Inc.l, #3 Summon(s) American Anesthesiology, Inc., #4 Summon(s) North American Partners in Anesthesia, L.L.P., #5 Summon(s) NMSC II, LLC)(Goldman, Peter) |
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