Elena Burton v. Express Scripts, Inc. et al
| Elena Burton |
| Express Scripts, Inc. and Cleveland Clinic Florida A Nonprofit Corporation doing business as Cleveland Clinic Florida |
| 0:2024cv60320 |
| February 26, 2024 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Jared M Strauss |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal - Labor |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2024. A more recent docket listing may be available from PACER.
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation for Voluntary Dismissal with Prejudice. #14 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/18/2024. (mh02)
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| Filing 14 STIPULATION of Dismissal with Prejudice by Cleveland Clinic Florida A Nonprofit Corporation (Quam, Darrin) |
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Filing 13
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 4/17/2024. See attached document for full details. (emd)
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Filing 12
PAPERLESS ORDER SUPERSEDING ECF NO. 4 REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JARED M. STRAUSS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jared M. Strauss to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Strauss's discovery procedures. Signed by Judge K. Michael Moore on 4/17/2024. (mh02)
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| Magistrate Judge Melissa Damian-MJ no longer assigned to case. (mf) |
| Set/Reset Response/Answer Due Deadline per DE 11 Order re Cleveland Clinic Florida A Nonprofit Corporation response/answer due 5/3/2024; Express Scripts, Inc. response/answer due 5/3/2024. (amb) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Request for Extension of Time to Respond to Complaint. #10 . Therein, Defendant requests a brief extension of time to file a response because the parties are engaging in discussions regarding settlement and will finalize an agreement within the next 30 days. Id. at 1. Plaintiff does not oppose Defendant's request. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is GRANTED. Defendant shall file a response on or before May 3, 2024. Signed by Judge K. Michael Moore (rhr)
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| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Cleveland Clinic Florida A Nonprofit Corporation, Express Scripts, Inc.. Attorney Erica Conklin Baines added to party Cleveland Clinic Florida A Nonprofit Corporation(pty:dft). (Baines, Erica) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Request for Extension of Time to Hold Scheduling Conference and Submit Joint Scheduling Order. #8 . Therein, the Parties request a brief extension of time to hold a scheduling conference and file a joint scheduling report because the Parties "are in the process of reaching an agreement upon terms for a settlement." Id. at 1. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #8 is GRANTED. The Parties shall hold a scheduling conference on or before April 17, 2024. Signed by Judge K. Michael Moore on 3/27/2024. (rhr)
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| Filing 8 Joint MOTION for Extension of Time to Hold Scheduling Conference and Submit Joint Scheduling Order re 3 Pretrial Order,,,,,,,,,,,,,,,,,,, by Elena Burton. Responses due by 4/4/2024. (Burton, Marc) |
| Set/Reset Response/Answer Due Deadline per DE 7 Order. Cleveland Clinic Florida A Nonprofit Corporation response/answer due 4/3/2024; Express Scripts, Inc. response/answer due 4/3/2024. (amb) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Express Scripts, Inc.'s Unopposed Request for Extension of Time to Respond to Complaint #5 , and Defendant Cleveland Clinic Florida's Unopposed Motion for Extension of Time to Respond to Complaint #6 . Both Defendants state that they require extra time to respond so that counsel can fully evaluate the facts and law underlying the claims and defenses and to prepare the appropriate response. #5 at 1; #6 at 1. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #5 and #6 are Granted. Defendants shall file a response on or before April 3, 2024. Signed by Judge K. Michael Moore on 2/28/2024. (rhr)
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), to Respond to Complaint by Cleveland Clinic Florida A Nonprofit Corporation. (Quam, Darrin) |
| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Respond to Complaint by Express Scripts, Inc.. (Baines, Erica) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Melissa Damian to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Melissa Damian's discovery procedures. Signed by Judge K. Michael Moore on 2/27/2024. (rhr)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... 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). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 2/27/2024. (rhr)
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| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Broward County Case #24-4104) Filing fee $ 405.00 receipt number BFLSDC-17320819, filed by Express Scripts, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A-Summons & Complaint, #3 Exhibit B-Notice of Filing Notice of Removal, #4 Exhibit C-Complaint for Damages & Demand for Jury Trial)(Baines, Erica)(Complaint see pg.6 of Exh.A, no Answer/Motion to Dismiss filed) Modified text on 2/27/2024 (pc). |
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