IN RE: Brican America LLC Equipment Lease Litigation
Plaintiff: Philippe Morisseau, Amir Khoshnevis, Marc Flesher, Miguel Pulido, Barry Rosenberg, Paul Mormon, Lisa Peters, Paul Skomsky, Frank Paletta, Bruce Zelvin, Douglas Machiela, Aaron Collins, Pedro Mora-Rosa, Shaun Larsen, Gerry Casazza, Gilbert Principe, Angel Lopez, Adelaida Guarin, Barbara Spangler, Behdad Omrani, Nicholas Papapetros, Janiene Gresla, Xuan To, Paul Clark, Albert Arcand, Ross Palioca, Michael Williams, Gregory Hom, Carmine Morreale, Chris Warford, David Sweeney, Joseph Sasson, David H Charlip, Donald Newman, Daniel Mashoof, Francine Camporeale, William Vockroth, William Wegrzyn, Douglas Stephenson, Justin Chien, Norman Dery, Enrico Core, George Miffleton, Robert Heinrich, David Discher, Kathy Shamblin, Michael W Wells, Edward Sheinis, Alan Baribeau, Kenneth Rasbornik, Roarke Miller, Duey Handy, Edward Chermol, Richard Norman, George Flugrad, Michael Watson, Kenneth Dobson, Ali Sarkarzadeh, Jeffrey Klein, Jeffrey Riso, Ronald Trevisani, Terry Friedman, Rafael Palanganas, Erick Gray, Fredrick Cloninger, John Brown, Joel David, Fred Grimes, Stephen G. Blank DDS, PA and Dirk Hagen
Consolidated Plaintiff: Edward Busch, OD Steven Wigdor, Benjamin Gamm, James L. Carazola, D.M.D., P.A., Chanbo Sim, Signature Smiles, PC, John Sherer, David C Suh, John T Uetsuki, Lisa P. Howard, DDS, PC, Eric S Smith, John Blaisdell, Brian G DePetris, Tod Garner, Debra Glassman, Geoffrey A Banga, Stanley D Halpern, Rohit Sharma, 20/20 Vision Clinic, LLP, J Philip Wiygul, Chadds Ford Dental Associates, Inc., Joseph R Kenneally, Jeffrey Tweedy, Tad Kosanovich, Joel Vaccarezza, Tim Tippett, East Lyme Family & Cosmetic Dentistry, Ira D. Koeppel, PC, Sid Morse, Larry J Moray, Roland Park Vision Services, David C. Suh DDS, Inc., Philip Haiman, Harold C McClendon, Valery Sweeny DDS, John D. Sherer, DMD, PA, Ivan Rosenthal, Peter Scerbo, Troy R Lindh, Adam B Bryan, Randall B Smith, Benjamin W Dreksler, Deogsoo Roh, Lucy S. Lee OD, PLLC, Jennifer Goldman, Nathan W. Tilman DDS, PC, Daniel Mirkin, Jason D. Lewis DDS PA, Brandee Marciano, Dr. Frank Derienzo, Mountain Lakes Dental Associates, PA, Edward Walker, Timothy J Delaney, William E Faulkner DDS Inc, Neelofar Khan, Dwight W Barnes, Stephen Allison, Laura Vizzari, Raymond Lawrence, Eric M Radzwill OD, Fred R. Shanks OD, LLC, Eric S. Smith, DDS, PC, Drs Ebenezer and Rachel Johnson DDS Inc, Barbara K. Webster, Blaisdell Dental Center, P.A., E. Wayne Simmons, D.M.D. Prosthodontist, P.C., Casey S Butterfield, Gregory A Stainer, Mark Margolies, Brodedale Dental, PA, J M Arrue, Lori Bende, Steven Anhalt, J Randall Glass, Kelly L Kalmar, J Foster Weems DDS Inc, Christopher Young DMD PA, Travis B Bartschi, Timothy Hale, Robert Lustbader, Advanced Dental Center of Summerville, PA, Terry Van Der Heyden, All About Smiles, Inc., Mirkins Vision Care, PC, Christine Nguyen, D.D.S., P.A., Emerald West Family Dentistry, PLLC, Freedman & Haas, PA, Coley & Coley Family Eyecare, Inc., Raymond Goodman, Alan Heap, Unique Dental Center, PC, Nelson Eye Associates, PC, Edward J. Bush, David R Lach, Align Orthodontics, Ronald Smith, Barry Simon, Michael J. Fernandez, D.M.D., P.A., E. Wayne Simmons, Melvin Kasanoff, Michael L. Grace, O.D., P.A., Stephen M Montaquila, David S Lee, Steven R Koganovsky, O.D., Dr. Matos's Growing Smiles, PA, Raymond C Goodman, Kevin Wendell, James Stephens, Premier Dentistry, Inc., Eyad Shehadeh, R Marc Carozza, Carolina Family Vision, OD, PA, Steven A Firshein, David Archibald, Eric Barney, Vito Guario, Bethany Brenner, James Muscott, Brian A. McMurtry, DDS, PA, Steven Glassman, Gordon Bell, Anthony Gulde, Valery Sweeny, Robert M. Easton Jr. O.D., P.A., Raymond E. Schwartz, P.A., Paul M. Hertz DMD LLC, Jeffrey S Thaller, John C. Sieweke DDS PC, Richard Pyun, Christopher S. Carroll, D.D.S., P.C., Jose Lomboy, Alan Grossman, Stephen R Kepley, Larry J. Moray DDS MS PA, Robert R. Thousand, III, PA, Peter D. Maro, Jr., DMD MS, PC, Sandra Barker, Daniel Casel, Geoffrey S. Wozar, DMD, PC, David R. Lach, D.D.S., M.S., P.A, Keith A. Colwell, DDS, PC, Peter Scerbo DMD, P.A., Serena Tham, Kevin P Ryan, Michael Fernandez, Charles E Scholler, Spex in the City, LLC, Peter Epstein, Catherine M Ferentin, Christopher Seppi, Chad Hess, Richard Bruce, PC, Mark Hamilton, John T Kalange, John H Mason, Kenneth A. Mogell, DMD, PA, Ragsdale & Martin Optical, Inc., David Browning, Stuart Tasman, Christine Nguyen, Margaret Ames, Samir K Hanna, Adnan Qayyum DDS LLC, Grayhills, Mohip Dental & Associates of Wellington, Christopher Young, Henderson Mill Dental Care, PC, Robert R Thousand, Thomas Jacka, Dentistry at Vinings, PC, Kurt E. Treu, Jeff E. Donnelly, Advanced Dentistry of New York PLLC, Peter Epstein DMD PA, Vision Arts Eyecare Center, Gregg Fink DMD, Inc., David Rubin, Eric Smith, Vijay Patel, Robert Easton, Rodeffer, Garner & Minor Orthodontics, LC, Jaikrishnan R Kakanar DDS Inc, The Hour Glass, Inc., Luc E Kanicky, Keith Colwell, Delmar Gray, Dennis E Shamlian, Leonard F Tau, Alfonzo D Gonzalez, Farid Hanachi DDS PA, Michael S Burstein, Richard M. Kernagis, D.M.D., P.A., Paul W. Broome, Stanley Dintcho, Laurence Grayhills, Nathan J Bonilla-Warford, Mark Gottlieb, Joseph Palumbo, Frantz Backer, George C. Weeks DDS PA, Ben Schultz, Kenneth Mogell, Kenneth A. Korpan DDS, PC, Krupakar Yeturu, Fred R Shanks, Joseph F Alvarez, Nathan W Tilman, Antonio Barcias, Eye Center Optometrics, Emanuel Graziano, Michael W Domingoes, Edward B. Busch, DMD, PA, Jay Gelman, Lakeside Family Dentistry, P.L., Gregory W Kalmar, A. Dylan Reach, Adnan Qayyum, Marc B Nelson, Mario Barrera, Z. Maali Dental, Inc., North Shore Dental Arts, LLP, Wesley Smith, Ian Sobler, Lumberton Optometric Associates, PLLC, Peter M. Blauzvern DDS PC, Elizabeth Lewis, David Alemar DMD, PC, Daniel J. Tulman, Lucy S Lee, John C Sieweke, Bruce Corbin, Bruce Hyatt, Anthony LaTempa DMD LLC, Raymond E Schwartz, Joseph R. Kenneally, DMD, PA, Tryphose Charles, DMD, Lisa P. Howard, DDS, LLC, Eye-Deal Family Eye Care, Inc., Katy Periodontics Management, Inc., Manuel Gonzalez, Raymond K Martin, Raymond C. Goodman, OD, PA, Jaikrishnan R Kakanar, Daniel Del Castillo, Steven J Luccarelli, New View Optometric Center, Daniel Del Castillo, D.M.D., P.A., Eye Health & Vision Center, P.A., Paul J. Wesling OD, Ira D Koeppel, M. Cowan & Associates, D.D.S., P.A., Darren Levine, Cedar Bluff Family & Cosmetic Dentistry, PA, Beth Snyder, Adriana Porter, Charles Smurthwaite, Christopher Carroll, Sandford Kaufman, Arthur B. Silver DDS PC, George Prattas, Peter D Maro, Atul M. Patel, BDS, Inc., Oakwood Dental Arts, LLC, Sanjeev Sharma, Reza M. Birjandi DDS, Kalmar Family Dentistry, LLP, Gregory S Liss, Richard E Sorkin, Michael Ancona, Wade G. Winker, DDS, PA, Michael J Barbieri, Advantage Family Vision Center, Kaufman Eyecare Center, David Alemar-Vincentry, Premier Dental, Rodrick Keener, Lisa P Howard, Richard Bruce, Kevin P. Ryan DDS, PC, John M. Highsmith, DDS, PA, Michael W Wells DDS Inc, Wanda Arden, Mark Hall, Steven Wigdor O.D., P.A., Elliott Stupp, Howard Goldschein, Todd J Feddock, Troy R. Lindh DMD PA, Justin Chang, PC, Farid Hanachi, Wesley B. Smith, DDS, PA, Steven Wigdor, Lori J. Bende, O.D., Professional Optometric Corp., The Corbin Family Dental Arts, LLP, Charles Porch, Michael Putt, Paul Taylor DMD, Inc., Ebenezer Johnson, Alan R. Heap, D.M.D., P.A., Stanely D. Halpern, DDS, PC, Lori Mazza, Palm Vision Center, Inc., Gregory A Stainer MD FACS, Treva Diane Lee, Marciano Family Optometric, P.A., Stuart A Curry, Rex E Grizzle, Kenneth Gallinger, Jeremy R Bayer, Sajini Shetty DMD Dental Offices, PC, Sekhar Chakka, Amy Thu Tran, Sajini Shetty, Radzwill Optometric Associates, Chartered, Asheville Vision Associates OD PA, Richard Corbin, Countryside Dental Associates, Inc., Han Hong, Maricela Murillo, Ziyad Maali, Webster Cosmetic Dental Ltd., Texarkan Vision Group, PLLC, Robert Aube, Ivo Horak, Sandhy A Hedge DDS Inc, Palm Beach Eyes of Boynton Beach, Carl Levine, Michael E. and Maria Domingoes, PA, Dr. Chandra R. Williams DMD, LLC, Barry I Cohen, Raymond K. Martin DDS MAGD, PC, Richard E. Sorkin OD, PA, J Foster Weems, James A. Stewart, Alan M Rapoport, Richard Kernagis, Anthony LaTempa, Gary Lederman, Samuel Chandy, Family Dental Care, Steven B Oken, Charles Fitzpatrick, Michael Martin, Stone Creek Dental, PC, David S. Lee, DDS, Inc., Cary Family Eye Care, OD, PA, Jeffrey Handschumacher, Visual Perceptions Eyecare, LLC, Michael Grace, Steven A. Firshein DMD, Inc., Mitchell Josephs, Alfred Johnson, Peter K Eng, Charles H Estelle, Gregg Fink, Cedarhurst Dental Office, Samir K. Hanna & Associates, PA, Amarilis Jacobo, Barrera Optical, Inc., BW Vision Care, PA, Sharon Haas, Coral Springs Eye Center, Chartered, Kristy L Tart-Bryan, Handschumacher Enterprises, OD, PA, Eyad Shehadeh, DDS, PA, Paul J Wesling OD Inc, Atul M Patel, Eyexam Associates, PA, Lewis Family Dentistry, LLC, J.M. Arrue DMD LLC, Reza M Birjandi, Eyes On The Bay, PA, Falls Cosmetic Dental Center, Raymond Goodman, OD, PA, Visual Perceptions Vernon, LLC, Beautiful Smiles Dental Care, Neil Elliot, Philip K. Haiman & Associates, P.A., Joel E. Vaccarezza, DDS, P.A., Gray and Smith Family Dental, PC, James Carazola, Ramesh Kothari, ATL Smiles, LLC, Family Vision Center, P.A., Alfonzo D. Gonzalez Dental Corporation, Andrew Pratt, Benjamin Braziel, Jason D Lewis, Dr. Ronald N. Smith, Optometrist, Inc., Fred Buettner, All Eyes Optical, Inc., Greg Pientka, Mitchell A. Josephs, D.D.S., P.A., Ginger Coley, Beville Dental Care, David Goldberg, Wade Winker, Timothy J Delaney DDS Inc, George C Weeks, Jerry Strauss, Value Vision of Tampa Bay, Inc., Stephen Obrochta and Paul M Hertz
Consolidated Defendant: Jean Francois Vincens, Jack Lemacon, PSFS 3 Corporation, Jeff Vincens, Viso Lasik Medspas, LLC, Viso Lasik Medspas of San Antonio, LLC, Brican America, Inc., Viso Lasik Medspas LLC, Baytree Leasing Company LLC, Professional Solutions Financial Services, Lifestyle of Vision, Inc., De Lage Landen Financial Services Inc, Brican America, LLC, PSF 3 Corporation, JJR Investments, LLC, NCMIC Finance Corporation of California, Does 1 through 100, Jacques Lemacon, NCMIC Finance Corporation, James D Briglio, Brican America LLC, Salvatore M DeCanio, Jr., Brican Financial Services, LLC and Obrochta Center for Dental Health Stephen P. Obrochta DDS, PA
3Rd Party Defendant: Dr. Sean Rankin, Dr. Joan Dreher, Dr. Eric S Smith, Dr. Randal Smith, Dr. Reza Birjandi, Dr. Sandra Barker, Dr. David Weigle, Dr. Charles F Pike, Dr. E. Wayne Simmons, Dr. Joseph Preziosi, Dr. James Hess, Dr. George A Surabian, Dr. Lisa M Peters, Dr. Gary Dworkin, Dr. Richard Lazor, Dr. James Tynecki, Dr. M Vic Rampertaap, Dr. Wade Winker, Dr. Randy Feldman, Dr. Timothy Hale, Dr. Hamid Cohen, Dr. Jason Howell, Dr. Ryan Askeland, Dr. Kenneth Pakman, Dr. Gary Lederman, Dr. Emanuel Graziano, Dr. Barry Rosenberg, Dr. Michael G. Cook, Dr. John Horner, Dr. Michael Anacona, Paul Wesling, Dr. Keith Stucki, Dr. Jason Lewis, Dr. John C Sieweke, Dr. Luke F Malek, Dr. Tam Ha, Dr. Frank Kendrick, A C Johnson, Dr. Michael D Insoft, Dr. Robert Spivack, Dr. William Cregar, Dr. Spencer Young, Dr. Maria Nowacki, Dr. Noresh Bhavsar, Dr. Jorge A Matos, Dr. Paul Mormon, Dr. Juan E Savelli, Dr. Dean Springer, Dr. Emad Ammar, Dr. Jafar Assaf, Dr. Darwin Mormon, Dr. Douglas Starkey, Dr. Patul M Patel, Dr. Vicki Menchel, Dr. Alan Baribeau, Dr. Denis T Iwamoto, Dr. David Rubin, Dr. Melinda Hickey, Dr. Stephen C Malinconico, Dr. Alfred Johnson, Dr. Michael Weiner, Dr. Evelyn Salazar, Dr. Dennis Corona, Dr. John Sherer, Dr. Medhat M Rofael, Dr. Lester Richins, Dr. Mitchell Josephs, Dr. Vinod Rana, Dr. Travis Boyer, Dr. Alan Raskas, Dr. Matthew Kooyman, Dr. Nicolas Fakhoury, Dr. Brent Johnson, Dr. Tommy Ducklo, Dr. John Brown, Dr. Stephen Gershberg, Dr. Steven Canarick, Dr. Terence Jackson, Dr. Carlo Luna, Dr. Arkady Tsibel, Dr. Zia Kassab, Dr. J. T. Roberts, Dr. Moses A. Belgrade, Dr. Geoffrey S Wozar, Dr. James Carroll, Dr. Kenneth Epstein, Dr. Ronald Smith, Dr. Fred Cloninger, Dr. Artee Nanji, Dr. Delmar Gray, Dr. Chandy Samuel, Dr. Robert Alexander, Dr. Frantz Backer, Dr. Edward Chermal, Dr. Kenneth Rubinstein, Dr. Jennifer Jeffress Perkins, Dr. Ryan Estelle, Dr. Tonya Reynoldson, Dr. Peter Eng, Dr. Uday Shah, Dr. Shaun Christensen, Dr. Steve Klein, Dr. Nieva R Bautista, Dr. John H Mason, Dr. Bethany Brenner, Dr. Eric Vanek, Dr. David Burch, Dr. Raymond Martin, Dr. Charles Tomeo, Dr. Ahmed Soboh, Dr. Barry Huse, Dr. Michael McCown, Dr. Dale Tosland, Dr. Philip H Shindler, Dr. Cuong Tran, Dr. Gina Tanios-Rafla, Dr. Mark A Trebon, Dr. Stuart R Kalmus, Dr. Robert Hicks, Dr. Katayoun Soleimani, Dr. J Wayne Leonard, Dr. Joseph M Gentile, Dr. kevin Collins, Steve Aivazian, Dr. Richard Corbin, Dr. Charles Estelle, Dr. Joel R Bingham, Dr. Daniel Rizzo, Dr. Warren Silvers, Dr. Juan Arrue, Dr. Frank Pazulski, Dr. Scott Gardner, Reza Birjandi, Dr. Roy Arron Parker, Dr. Daniel Suh, Dr. Beth Snyder, Dr. Howard Golan, Dr. Thomas Hickey, Dr. Mario J Canal, Dr. Christopher Kosenske, Dr. Michael Barbieri, Dr. Robert W Aube, Jr., Dr. Alexander Leyte-Vidal, Dr. Gregory Liss, Dr. Harry Weisenfeld, Dr. William D Baxter, Dr. Joseph Cavlier, Dr. Alysia Borgman, Dr. Farid Hanachi, Dr. Jeff Schwers, Dr. Richard Pyun, Dr. Daniel D Truono, Dr. Kenneth Dobson, Dr. Mohamed Ihsan Kayali, Dr. Sanjeev Sharma, Dr. John Foore, Dr. Rinaldo Caponera, Dr. Travis Johnson, Dr. Mary Ann Masters, Dr. Dennis Golden, Dr. Rafael Palanganas, Dr. Keith Wan, Dr. Christopher Seppi, Dr. Greg A Engleman, Dr. Leonard Tau, Dr. John M Gonzalez, Dr. Burt Dubow, Dr. Kristy Tart-Bryan, Dr. David Larson, Dr. John Pino, Dr. Jeanette Jezick, Dr. Michael Williams, Dr. David Grosswald, Dr. Edward Walker, Dr. Peter D Maro, Dr. Edith Cuevas-Mendoza, Dr. Eric J Levine, Dr. Carl Stubblefield, Dr. Nicholas Papapetros, Dr. Robert Schectman, Dr. Eme Nelly Silva, Dr. Christopher Bowman, Dr. Uri Elias, Dr. Harry Monokian, Dr. Woody Domingoes, Dr. Ian Murray, Dr. Casey S Butterfield, Dr. Kathleen Kopecky-Groh, Dr. James McGhee, Dr. Adam B Bryan, Dr. William Contente III, Dr. Todd W Peters, Dr. Lori Bende, Dr. Barry Cohen, Dr. Samir Batniji, Dr. J. Robin Szabo, Dr. Sachin P Desai, Dr. Viviane S. Haber, Dr. Phillip Robitaille, Dr. Kenneth Gallinger, Dr. Nadia Saleeb, Dr. Michael A Sherman, Dr. Hassan H Alhaousli, Dr. Shanie Covert, Dr. Kennth Mogell, Dr. Steven A Rosenberg, Dr. Yasmini C. Atacador, Dr. Kwon Choe, Dr. Robert Churney, Dr. Eric V Hicks, Dr. Rosemarie Quimson-Cruz, Dr. Brock Rondeau, Dr. Michael Hill, Dr. Joseph Brogan, Dr. Robin Abari, Dr. Robert Schwan, Dr. Charles Smurthwaite, Dr. Stas Tkatch, Dr. James Hutchins, Dr. Joseph Havrilla, Dr. Harry Randel, Dr. Jack T Krauser, Dr Wanda Arden MD, Dr. Ben Crusan, Dr. Felipe Norena, Dr. Peter Scerbo, Dr. Amir Khoshnevis, Richard Boerner, Dr. Peter Van Hoven, Dr. Joseph Kenneally, Dr. Donald Ross, Dr. Fred Shanks, Dr. David Lewis, Dr. Michael R Benedetti, Dr. Mark Margolies, Dr. Dennis Smiler, Dr. Erin Rautio, Dr. Anthony Dill, Dr. Robert Kluss, Dr. Roger D Pabst, Dr. Mark Lambert, Dr. Eduardo R Lorenzana, Dr. Rafik Yanni, Dr. Jason Kboudi, Dr. Emmanual Platis, Dr. Paul Clark, Dr. Scott Wagner, Dr. Zalman Bacheikov, Dr. James Kivlin, Dr. Mark Gross, Dr. Steven Luccarelli, Dr. Thomas Brady, Dr. Philip Woo, Dr. Jeffery Miller, Dr. Ebenezer Johnson, Dr. Bipin Sheth, Dr. Anne Angle, Dr. Vikas Patel, Dr. Gordon Bell, Dr. James M Phelan, Dr. Ray George, Dr. Rosendo Garza, Dr. Andrew Gould, Dr. Arnold Randel, Dr. Mark Hester, Dr. Raymond Powell, Dr. Jorge Angulo, Dr. David Sweeney, Dr. Cherine Quan, Dr. Curtis M Standish, Dr. Deborah Ferrer, Dr. David Tecosky, Dr. Peter Blauzvern, Dr. Elizabeth McMunn, Dr. Chris Furlan, Dr. Frank Paletta, Dr. John Verville, Dr. David Lach and Dr. Paul Broome
3Rd Party Plaintiff: NCMIC and PSFS 3
Intervenor: Amber Lamburt, Timmy P. Toilie, Jonothon Rich and Yusef Rabb
In Re: IN RE: Brican America LLC Equipment Lease Litigation
Case Number: 1:2010md02183
Filed: August 12, 2010
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Patricia A Seitz
Referring Judge: Andrea M Simonton
Nature of Suit: Other Fraud
Cause of Action: 28:1407
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 10, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2017 Opinion or Order Filing 719 ORDER Granting in part #707 Motion for Appellate Fees. ORDERED that the Blauzvern Appellants' Application for Attorneys' Fees and Newman Appellees' Application for Attorney's Fees [jointly filed at DE-707] are GRANTED in part: 1. The Blauzvern Appellees are awarded $118,650.00 in appellate attorneys fees and $1,503.93 in appellate expenses. 2. The Wigdor Appellees are awarded $52,583.75 in appellate attorneys' fees and $1,234.59 in appellate expenses. **See Order for full details** Signed by Senior Judge Patricia A. Seitz on 8/10/2017. (gp)
July 31, 2017 Filing 718 TRANSCRIPT of Fee Hearing held on 7-18-2017 before Senior Judge Patricia A. Seitz, 1-40 pages, Court Reporter: Gizella Baan-Proulx, 305-523-5294 / Gizella_Baan-Proulx@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 8/21/2017. Redacted Transcript Deadline set for 8/31/2017. Release of Transcript Restriction set for 10/30/2017. (gbx)
July 18, 2017 Filing 717 Minute Entry for proceedings held before Senior Judge Patricia A. Seitz: Motion Hearing held on 7/18/2017 re #707 MOTION for Attorney Fees. Court Reporter: Gizella Baan-Proulx, 305-523-5294 / Gizella_Baan-Proulx@flsd.uscourts.gov. (dgj)
July 17, 2017 Filing 716 NOTICE of Compliance with Directive Regarding Necessity of Hearing by Donald Newman re 713 Order,, (Charlip, David)
July 17, 2017 Filing 715 NOTICE of Compliance with Directive Regarding Necessity of Hearing by NCMIC and PSFS 3 re 713 Order,, (Rodriguez, Catherine)
July 17, 2017 Filing 714 NOTICE of Compliance with DE 713 by Dr. Peter Blauzvern re 713 Order,, (Gossett, Ronald)
July 13, 2017 Opinion or Order Filing 713 ORDER The Court has not heard from the parties as to whether they have been able to resolve the appellate attorneys' fees issue in this matter. Given the Plaintiffs' recent filing [DE-712] and the Defendants' lack of response, it appears that the only issue remaining for determination is the appropriate amount of fees to award. A hearing is not required for such a determination. Consequently, the Court asks that the parties notify it by noon on July 17, 2017 whether they feel that the July 18, 2017 Attorneys' Fee hearing is still necessary. Signed by Senior Judge Patricia A. Seitz on 7/13/2017. (cbn)
June 21, 2017 Filing 712 NOTICE of Compliance addressing issue contained in Order DE 709 by Peter M. Blauzvern DDS PC re #709 Order Setting Hearing on Motion, (Gossett, Ronald)
June 14, 2017 Opinion or Order Filing 711 ORDER Granting #710 Motion to Continue. Re: #707 MOTION for Attorney Fees. Motion Hearing reset for 7/18/2017 10:00 AM in Miami Division before Senior Judge Patricia A. Seitz. Signed by Senior Judge Patricia A. Seitz on 6/14/2017. (gp)
June 8, 2017 Filing 710 Unopposed MOTION to Continue re #709 Order Setting Hearing on Motion, by Donald Newman. Responses due by 6/22/2017 (Attachments: #1 Text of Proposed Order)(Charlip, David)
June 6, 2017 Opinion or Order Filing 709 ORDER Setting Hearing on Motion #707 APPLICATION for Attorney Fees : The Court will hold a Hearing on 6/27/2017 10:00 AM in Miami Division before Senior Judge Patricia A. Seitz, on the Blauzvern Appellants' Application for Attorneys' Fees and Newman Appellees' Application for Attorney's Fees [jointly filed at DE-707]. Signed by Senior Judge Patricia A. Seitz on 6/6/2017. (gp)
March 20, 2017 Filing 708 NOTICE of Settlement of Attorneys Fees and Costs by Donald Newman. Attorney David H. Charlip added to party Donald Newman(pty:3pd), Attorney David H. Charlip added to party Donald Newman(pty:3pd). (Charlip, David)
February 24, 2017 Filing 707 MOTION/AMENDED MOTION/RESPONSE/REPLY for Attorney Fees. Responses due by 3/10/2017 (apz)
February 24, 2017 Opinion or Order Filing 706 ORDER of USCA. On its own motion, this Court TRANSFERS Appellees Stephen Blank, et al.'s motion requesting appellate attorney's fees and expenses incurred in appeal No. 15-11999 to the District Court for its consideration of the issues of entitlement and the amounts of appellate attorney's fees and expenses, if any, to be awarded to Appellees. On its own motion, this Court TRANSFERS the Newman Appellees' Application for Attorney's Fees, filed in appeal No. 15-11999, to the District Court for its consideration of the issues of entitlement and the amounts of appellate attorney's fees and expenses, if any, to be awarded to Appellees re #673 Notice of Appeal, filed by NCMIC and PSFS 3, #675 Notice of Appeal, filed by Dr. Robin Abari, #688 Notice of Appeal, filed by David H Charlip. USCA #15-11999-CC (apz)
December 22, 2016 Filing 705 MANDATE of USCA (certified copy). AFFIRMING Judgment of the district court re #688 Notice of Appeal, filed by David H Charlip; Date Issued: 12/22/2016; USCA Case Number: 15-12570-CC (apz)
December 22, 2016 Filing 704 MANDATE of USCA (certified copy). AFFIRMING Judgment of the district court re #675 Notice of Appeal, filed by Dr. Robin Abari; Date Issued: 12/22/2016; USCA Case Number: 15-12000-CC (apz)
December 22, 2016 Filing 703 MANDATE of USCA (certified copy). AFFIRMING Judgment of the district court re #673 Notice of Appeal, filed by NCMIC and PSFS 3; Date Issued: 12/22/2016; USCA Case Number: 15-11999-CC (apz)
November 13, 2015 Filing 702 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #673 Notice of Appeal, Appeal No. 15-11999-CC. The entire record on appeal is available electronically. (hh)
October 20, 2015 Filing 701 Appeal Reinstated USCA Case Number:15-12000 & 15-12570-CC for #675 Notice of Appeal, filed by Dr. Robin Abari, #688 Notice of Appeal, filed by David H Charlip. (hh)
September 23, 2015 Opinion or Order Filing 700 ORDER of Dismissal of USCA, DISMISSED for want of prosecution because the appellants failed to file an appendix within the time fixed by the rules as to #675 Notice of Appeal, filed by Dr. Robin Abari, #688 Notice of Appeal, filed by David H Charlip, USCA # 15-12000-CC; 15-12570-CC (hh)(APPEAL REINSTATED BY USCA ON 10/20/15) Text Modified on 10/20/2015 (hh).
August 19, 2015 Opinion or Order Filing 699 ORDER Denying Motion to Enforce Settlement re #679 MOTION for Settlement (Enforcement of) filed by Dr. Peter Blauzvern Signed by Judge Patricia A. Seitz on 8/19/2015. (dj)
August 6, 2015 Opinion or Order Filing 698 MDL ORDER Closing Multidistrict Litigation Closing Case. Motions terminated: #679 MOTION for Settlement (Enforcement of) filed by Dr. Peter Blauzvern, #518 Plaintiff's MOTION to Remand to transferor court and terminate MDL filed by 20/20 Vision Clinic, LLP. Order that Plaintiffs' Motion to Terminate MDL [DE-518] is GRANTED, This multidistrict litigation is CLOSED. Associated cases: 1:10CV20782, 1:10CV21608 Signed by Judge Patricia A. Seitz on 8/6/2015. (dj) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
August 4, 2015 Opinion or Order Filing 697 ORDER granting #651 Motion to Dismiss for Failure to State a Claim. NCMIC's Third Amended Counterclaims [DE-631 at 35-387; DE #632 at 50-402 are DISMISSEDD WITH PREJUDICE Signed by Judge Patricia A. Seitz on 8/4/2015. (dj)
August 4, 2015 Opinion or Order Filing 696 ORDER denying #692 Motion to Stay. Signed by Judge Patricia A. Seitz on 8/4/2015. (dj)
July 1, 2015 Filing 695 REPLY to Response to Motion re #692 Plaintiff's MOTION to Stay re #675 Notice of Appeal, enforcement of Final Judgment pending outcome of appeal pursuant to Fed. R. App. P. 8(1) filed by Dr. Peter Blauzvern. (Gossett, Ronald)
June 22, 2015 Filing 694 RESPONSE in Opposition re #692 Plaintiff's MOTION to Stay re #675 Notice of Appeal, enforcement of Final Judgment pending outcome of appeal pursuant to Fed. R. App. P. 8(1) NCMICs Memorandum of Law in Opposition to Plaintiffs Motion for Stay Pending Appeal filed by NCMIC and PSFS 3. Replies due by 7/2/2015. (Rodriguez, Catherine)
June 18, 2015 Filing 693 Acknowledgment of Receipt of NOA from USCA re #688 Notice of Appeal, filed by David H Charlip. Date received by USCA: 6/3/15. USCA Case Number: 15-12570-CC. (hh)
June 5, 2015 Filing 692 Plaintiff's MOTION to Stay re #675 Notice of Appeal, enforcement of Final Judgment pending outcome of appeal pursuant to Fed. R. App. P. 8(1) by Dr. Peter Blauzvern. Responses due by 6/22/2015 (Attachments: #1 Exhibit Motion to Lift stay in Iowa cases)(Gossett, Ronald)
June 4, 2015 Filing 691 REPLY to Response to Motion re #679 MOTION for Settlement (Enforcement of) regarding the Brican Group of Defendants filed by Dr. Peter Blauzvern. (Gossett, Ronald)
June 4, 2015 Filing 690 TRANSCRIPT of hearing held on 4-24-15 before Judge Patricia A. Seitz, 81 pages, Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@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 6/29/2015. Redacted Transcript Deadline set for 7/9/2015. Release of Transcript Restriction set for 9/8/2015. (ps)
June 3, 2015 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #688 Notice of Appeal, Notice has been electronically mailed. (hh)
June 2, 2015 Filing 689 Clerks Notice to Filer re #671 Judgment. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (hh)
June 2, 2015 Filing 688 Notice of Appeal Wigdor Plaintiff's Column 3 by David H Charlip. Filing fee $ 505.00 receipt number 113C-7786650. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Charlip, David)
May 26, 2015 Filing 687 RESPONSE/REPLY to #679 MOTION for Settlement (Enforcement of) by Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, Jean Francois Vincens. (Orshan, Paul)
May 21, 2015 Filing 686 TRANSCRIPT INFORMATION FORM by NCMIC and PSFS 3 re #673 Notice of Appeal,. No Transcript Requested. (Rodriguez, Catherine)
May 19, 2015 Filing 685 REPLY to Response to Motion re #651 MOTION TO DISMISS #632 Answer to Amended Complaint, Third Party Complaint, Counterclaim, #631 Answer to Amended Complaint, Third Party Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM with Prejudice filed by Dr. Peter Blauzvern. (Gossett, Ronald)
May 19, 2015 Filing 684 Acknowledgment of Receipt of NOA from USCA re #675 Notice of Appeal, filed by Dr. Robin Abari. Date received by USCA: 5/7/15. USCA Case Number: 15-12000-C. (hh)
May 18, 2015 Filing 683 Acknowledgment of Receipt of NOA from USCA re #673 Notice of Appeal, filed by NCMIC and PSFS 3. Date received by USCA: 5/7/15. USCA Case Number: 15-11999-C. (hh)
May 14, 2015 Filing 682 RESPONSE in Opposition re #651 MOTION TO DISMISS #632 Answer to Amended Complaint, Third Party Complaint, Counterclaim, #631 Answer to Amended Complaint, Third Party Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM with Prejudice filed by NCMIC and PSFS 3. Replies due by 5/26/2015. (Rodriguez, Catherine)
May 14, 2015 Opinion or Order Filing 681 ORDER granting #680 Unopposed Motion for Extension of Time. Signed by Judge Patricia A. Seitz on 5/14/2015. (ai00)
May 14, 2015 Filing 680 Unopposed MOTION for Extension of Time to comply with Local Rule 7.3 re #670 Judgment, Unopposed MOTION to Stay re #670 Judgment to comply with Local Rule 7.3 by Dr. Peter Blauzvern. Responses due by 6/1/2015 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
May 8, 2015 Filing 679 MOTION for Settlement (Enforcement of) by Dr. Peter Blauzvern. Responses due by 5/26/2015 (Gossett, Ronald)
May 7, 2015 Filing 678 COURT REPORTER ACKNOWLEDGMENT re #676 Transcript Information Form. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (gps)
May 7, 2015 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #675 Notice of Appeal, Notice has been electronically mailed. (hh)
May 7, 2015 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #673 Notice of Appeal, Notice has been electronically mailed. (hh)
May 7, 2015 Filing 677 Clerks Notice to Filer re #673 Notice of Appeal,. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (hh)
May 7, 2015 Filing 676 TRANSCRIPT INFORMATION FORM by Dr. Robin Abari re #675 Notice of Appeal,. No Transcript Requested. (Gossett, Ronald)
May 7, 2015 Filing 675 Notice of Appeal by Plaintiffs on 14-page schedule attached to Final Judgment as to #672 Judgment by Dr. Robin Abari. Filing fee $ 505.00 receipt number 113C-7712644. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Gossett, Ronald)
May 7, 2015 Filing 674 Rule 54(b) Certification re #671 Judgment, #672 Judgment, #670 Judgment. Signed by Judge Patricia A. Seitz on 5/7/2015. (ai00)
May 7, 2015 Filing 673 Notice of Appeal by NCMIC and PSFS 3 as to #670 Judgment. Filing fee $ 505.00 receipt number 113C-7711911. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Rodriguez, Catherine) Text Modified added de number on 5/7/2015 (hh).
May 7, 2015 Filing 672 FINAL JUDGMENT AGAINST THREE-COLUMN BLAUZVERN PLAINTIFFS. (Schedule attached) Signed by Judge Patricia A. Seitz on 5/7/2015. (gp)
May 7, 2015 Filing 671 FINAL JUDGMENT AGAINST THREE-COLUMN WIGDOR PLAINTIFFS. (Schedule A attached) Signed by Judge Patricia A. Seitz on 5/7/2015. (gp)
May 7, 2015 Filing 670 FINAL JUDGMENT IN FAVOR OF FOURTEEN ONE-COLUMN PLAINTIFFS. Signed by Judge Patricia A. Seitz on 5/7/2015. (gp)
May 6, 2015 Filing 669 NOTICE by Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, Jean Francois Vincens of Withdrawal of Authority to Enter Into Consent Judgment on Behalf of Defendant Jean Francois Vincens (Orshan, Paul)
May 5, 2015 Opinion or Order Filing 668 ORDER DISMISSING Viso Lasik Defendants - Granting #657 Motion for Voluntary Dismissal. All claims against JJR Investments, LLC are DISMISSED WITH PREJUDICE. All Claims against Viso Lasik Medspas, LLC are DISMISSED WITH PREJUDICE. All Claims against Viso Lasik Medspas of Charlotte, LLC are DISMISSED WITH PREJUDICE. All Claims against Viso Lasik Medspas of San Antonio, LLC are DISMISSED WITH PREJUDICE. Signed by Judge Patricia A. Seitz on 5/5/2015. (gp)
May 5, 2015 Filing 667 NOTICE by Steven Wigdor Wigdor Plaintiffs' Notice of Dismissal with Prejudice of Count One Declaratory Judgment Count Against Brican America, Inc. (Charlip, David)
May 5, 2015 Filing 666 NOTICE of Compliance with paragraph 5)g of order by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Gossett, Ronald)
May 5, 2015 Filing 665 NOTICE of Compliance with April 27, 2015 ORDER by Steven Wigdor (Charlip, David)
May 5, 2015 Filing 664 NOTICE of Compliance with Directive to File Proposed Final Judgment Against 3-Column Wigdor Plaintiffs by NCMIC and PSFS 3 re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Attachments: #1 Text of Proposed Order) (Rodriguez, Catherine)
May 5, 2015 Filing 663 NOTICE of Compliance with Directive to File Proposed Final Judgment Against 3-Column Blauzvern Plaintiffs by NCMIC and PSFS 3 re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Attachments: #1 Text of Proposed Order) (Rodriguez, Catherine)
May 5, 2015 Filing 662 NOTICE of Compliance with paragraph 5)b of order by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Gossett, Ronald)
May 5, 2015 Filing 661 NOTICE of Compliance with paragraph 5)a of order by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Gossett, Ronald)
May 5, 2015 Filing 660 NOTICE of Compliance with paragraph 5)i of order by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Gossett, Ronald)
May 5, 2015 Filing 659 NOTICE of Compliance with paragraph 5(h of order by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Gossett, Ronald)
May 5, 2015 Filing 658 NOTICE of Compliance with oral direction to supply statistics by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, (Gossett, Ronald)
May 5, 2015 Filing 657 MOTION for Voluntary Dismissal of JJR Investments, LLC, Viso Lasik Medspas, LLC, Viso Lasik Medspas of Charlotte, LLC, and Viso Lasik Medspas of San Antonio, LLC / NOTICE of Compliance with Order to file motion dismissing certain unrepresented parties by Dr. Peter Blauzvern re #649 Order on Motion to Bifurcate, Order on Motion to Stay, Order on Motion for Miscellaneous Relief, Order on Motion for Leave to File Excess Pages, (Attachments: #1 Text of Proposed Order Order Dismissing Certain Parties) (Gossett, Ronald) -Modified event on 5/6/2015 (gp)-.
May 5, 2015 Filing 656 NOTICE of Voluntary Dismissal of Counterclaims as Against Certain Wigdor Plaintiffs/Counterclaim Defendants by NCMIC and PSFS 3 (Rodriguez, Catherine)
May 5, 2015 Filing 655 NOTICE of Voluntary Dismissal of Counterclaims as Against Certain Blauzvern Plaintiffs/Counterclaim Defendants by NCMIC and PSFS 3 (Rodriguez, Catherine)
May 1, 2015 Filing 654 Clerk's Notice of Undeliverable Mail re #640 Order on Motion to Intervene. US Mail returned for: Yusef Rabb (Need Correct Inmate ID #). The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (gp)
May 1, 2015 Opinion or Order Filing 653 ORDER granting in part and denying in part #652 Motion for Extension of Time. The parties shall file proposed judgments by 3 p.m. on Tuesday, May 5, 2015. Signed by Judge Patricia A. Seitz on 5/1/2015. (ai00)
May 1, 2015 Filing 652 Joint MOTION for Extension of Time to comply with Order [DE 649] re #649 Order on Motion to Bifurcate,,, Order on Motion to Stay,,, Order on Motion for Miscellaneous Relief,,, Order on Motion for Leave to File Excess Pages,, by Dr. Peter Blauzvern. Responses due by 5/18/2015 (Gossett, Ronald)
April 27, 2015 Filing 651 MOTION TO DISMISS #632 Answer to Amended Complaint, Third Party Complaint, Counterclaim, #631 Answer to Amended Complaint, Third Party Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM with Prejudice by Dr. Peter Blauzvern. Responses due by 5/14/2015 (Attachments: #1 Exhibit Deposition of Dr. Arden, #2 Exhibit Deposition of Dr. Blank)(Gossett, Ronald)
April 24, 2015 Filing 650 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 4/24/2015. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov (dgj)
April 24, 2015 Opinion or Order Filing 649 ORDER FOLLOWING APRIL 24, 2015 HEARING - Granting #641 Motion to Bifurcate; #641 Motion to Stay. The Trial set to begin May 4, 2015 is CANCELLED. Denying as Moot #642 Motion to be excused from appearance at trial; Granting #648 Motion for Leave to File Excess Pages. Plaintiffs shall separately re-file the motion to dismiss. (By 5/1/2015, the parties shall file the following (see Order for further details), along with any necessary associated schedules.) Signed by Judge Patricia A. Seitz on 4/24/2015. (gp)
April 24, 2015 Filing 648 MOTION for Leave to File Excess Pages (Motion to Dismiss Counterclaim with Prejudice) by Dr. Peter Blauzvern. (Attachments: #1 Appendix Motion exceeding 20 pages)(Gossett, Ronald)
April 23, 2015 Filing 647 AMENDED SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Patricia A. Seitz on 4/22/2015. (gp)
April 22, 2015 Opinion or Order Filing 646 ORDER Granting #625 Motion to Amend. The Supplemental Findings of Fact and Conclusions of Law DE #621 is VACATED, and an amended version will be entered concurrently with this order. Signed by Judge Patricia A. Seitz on 4/22/2015. (gp)
April 22, 2015 Opinion or Order Filing 645 ORDER Setting Status Conference for 4/24/2015 02:30 PM (in lieu of previously-scheduled pretrial conference) in Miami Division before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 4/22/2015. (ai00)
April 21, 2015 Filing 644 STIPULATION of Dismissal with Prejudice by Steven Wigdor (Charlip, David)
April 20, 2015 Filing 643 PRETRIAL STIPULATION (Joint Submission of Plaintiffs and Brican Group of Defendants) by Dr. Peter Blauzvern (Gossett, Ronald)
April 20, 2015 Filing 642 Unopposed MOTION to Excuse Plaintiffs, Brican America, Inc., and Jean F. Vincens from attendance at trial re #606 Order, Set/Reset Deadlines/Hearings,,,, by Dr. Peter Blauzvern. (Gossett, Ronald)
April 20, 2015 Filing 641 Joint MOTION to Bifurcate Money Damage Issue from others, Joint MOTION to Stay re #606 Order, Set/Reset Deadlines/Hearings,,,, trial on Money Damage Issue by Dr. Peter Blauzvern. Responses due by 5/7/2015 (Gossett, Ronald)
April 16, 2015 Opinion or Order Filing 640 ORDER Denying #622 Motion to Intervene. Signed by Judge Patricia A. Seitz on 4/16/2015. (gp)
April 16, 2015 Opinion or Order Filing 639 ORDER STRIKING #628 Notice of Voluntary Dismissal filed by Dr. Barry Rosenberg, #627 Notice of Voluntary Dismissal filed by Dr. Michael Williams, as to #628 Notice of Voluntary Dismissal, #627 Notice of Voluntary Dismissal. ( The Parties shall file Stipulations complying with Rule 41 by 4/21/2015.) Signed by Judge Patricia A. Seitz on 4/16/2015. (gp)
April 15, 2015 Filing 638 REPLY to Response to Motion re #625 MOTION to Alter Judgment filed by Dr. Michael Barbieri. (Attachments: #1 Exhibit 1 -- email communication between counsel)(Gossett, Ronald)
April 15, 2015 Filing 637 STIPULATION re #606 Order, Set/Reset Deadlines/Hearings,,,, for Entry of Partial Final Judgment in Favor of Plaintiffs and Against Brican America, Inc., and Jean Francois Vincens (on liability) releasing claims against Jacques Lemacon by Dr. Peter Blauzvern (Gossett, Ronald)
April 15, 2015 Filing 636 STIPULATION of Dismissal of Specific Plaintiffs' (Brican Financial customers) Claims against Brican Group of Defendants with Prejudice by Dr. Peter Blauzvern (Gossett, Ronald)
April 14, 2015 Filing 635 RESPONSE in Opposition re #625 MOTION to Alter Judgment NCMIC's Memorandum of Law in Opposition to Plaintiff Michael J. Barbieri's Motion to Alter or Amend Order filed by NCMIC and PSFS 3. Replies due by 4/24/2015. (Attachments: #1 Exhibit 1)(Rodriguez, Catherine)
April 13, 2015 Opinion or Order Filing 634 ORDER granting #633 Motion for Extension of Time. Pretrial Stipulation due by 4/15/2015. Signed by Judge Patricia A. Seitz on 4/13/2015. (ai00)
April 13, 2015 Filing 633 Joint MOTION for Extension of Time to file PTS for trial against Brican Group of Defendants re #606 Order, Set/Reset Deadlines/Hearings,,,, by Dr. Peter Blauzvern. Responses due by 4/30/2015 (Gossett, Ronald)
April 11, 2015 Filing 632 Second Amended ANSWER and Affirmative Defenses to Amended Complaint , THIRD PARTY COMPLAINT against All Plaintiffs, Third COUNTERCLAIM against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
April 10, 2015 Filing 631 Second Amended ANSWER and Affirmative Defenses to Amended Complaint , THIRD PARTY COMPLAINT against All Plaintiffs, Third COUNTERCLAIM against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
April 10, 2015 Filing 630 TRANSCRIPT of Continuation of Bench Trial on Reliance held on 03-17-15 before Judge Patricia A. Seitz, 1 - 117 pages, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@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 5/4/2015. Redacted Transcript Deadline set for 5/14/2015. Release of Transcript Restriction set for 7/13/2015. (gps)
April 10, 2015 Filing 629 TRANSCRIPT of Bench Trial on Reliance held on 03-16-15 before Judge Patricia A. Seitz, 1 - 250 pages, Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@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 5/4/2015. Redacted Transcript Deadline set for 5/14/2015. Release of Transcript Restriction set for 7/13/2015. (gps)
April 2, 2015 Filing 628 [STRICKEN] NOTICE of Voluntary Dismissal by Dr. Barry Rosenberg (Charlip, David) -Modified/Stricken per #639 Order on 4/17/2015 (gp).-
April 2, 2015 Filing 627 [STRICKEN] NOTICE of Voluntary Dismissal by Dr. Michael Williams (Charlip, David) -Modified/Stricken per #639 Order on 4/17/2015 (gp).-
April 2, 2015 Filing 626 NOTICE of Compliance by Dr. Peter Blauzvern re #623 Order, Set/Reset Deadlines,, (Gossett, Ronald)
March 31, 2015 Filing 625 MOTION to Alter Judgment by Dr. Michael Barbieri. Attorney Ronald Pendl Gossett added to party Dr. Michael Barbieri(pty:3pd). Responses due by 4/17/2015 (Attachments: #1 Exhibit Notice of Taking Deposition of Dr. Barbieri)(Gossett, Ronald)
March 30, 2015 Filing 624 RESPONSE in Opposition re #622 MOTION to Intervene filed by Dr. Peter Blauzvern. Replies due by 4/9/2015. (Gossett, Ronald)
March 27, 2015 Opinion or Order Filing 623 ORDER Requiring Proposals for Pending Claims Against NCMIC. re: DE #619 ; DE #620 in response to Court's March 24, 2015 Order DE #617 . (The Parties shall either (a) notify the Court that final judgment should be entered without resolving these pending claims, or (b) jointly file a proposed briefing schedule by 4/7/2015.) Signed by Judge Patricia A. Seitz on 3/27/2015. (gp)
March 27, 2015 Filing 622 MOTION to Intervene as Plaintiffs Under Fed.R.Civ.P.Rule 24(a)2, 24(b) by Yusef Rabb, Amber Lamburt, Timmy P. Toilie, Jonothon Rich. (gp)
March 27, 2015 Filing 621 [VACATED] SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Patricia A. Seitz on 3/27/2015. (ai00) -Modified/Vacated per #646 Order on 4/23/2015 (gp).
March 26, 2015 Filing 620 STIPULATION of Dismissal (Joint, with objection) of FDUTPA claims by certain Plaintiffs by Dr Wanda Arden MD (Gossett, Ronald)
March 26, 2015 Filing 619 NOTICE of Compliance (Joint Submission of Plaintiffs and NCMIC) by 20/20 Vision Clinic, LLP re #617 Order (Gossett, Ronald)
March 25, 2015 Opinion or Order Filing 618 CASE MANAGEMENT ORDER. Denying as moot #516 Motion to Permit Use of Summaries at Trial without providing paper copies of all contracts in open court. Denying #608 Motion to Alter Judgment. (If NCMIC intends to pursue its counterclaims see DE - #609 ; DE - #610 , it shall file Amended Counterclaims by 4/10/2015. Pretrial Conference CONTINUED to 4/24/2015 02:00 PM in Miami Division before Judge Patricia A. Seitz.) Signed by Judge Patricia A. Seitz on 3/25/2015. (gp)
March 24, 2015 Opinion or Order Filing 617 ORDER requiring supplemental filings by Plaintiffs and NCMIC by 9 am on Thursday, March 26, 2015. Signed by Judge Patricia A. Seitz on 3/24/2015. (ai00)
March 18, 2015 Filing 616 STIPULATED Exhibit List. (cf)
March 18, 2015 Filing 615 STIPULATION of Dismissal of Counterclaim by NCMIC and PSFS 3 against by Dr Wanda Arden MD, Dr. Peter Blauzvern, Dr. Uri Elias, Richard Pyun (Gossett, Ronald)
March 17, 2015 Filing 614 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial completed on 3/17/2015. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov (dgj)
March 16, 2015 Filing 613 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial held on 3/16/2015. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov (dgj)
March 12, 2015 Filing 612 PRETRIAL STIPULATION (Amended) by Dr. Peter Blauzvern (Attachments: #1 Appendix Plaintiffs' Witness List, #2 Appendix Plaintiffs' Exhibit List, #3 Appendix Plaintiffs' Designation of Excerpts from Deposition Testimony (Barbieri), #4 Appendix NCMIC's Exhibit List)(Gossett, Ronald)
March 12, 2015 Filing 611 PRETRIAL STIPULATION pursuant to DE 606 by Dr. Peter Blauzvern (Attachments: #1 Appendix Plaintiffs' Witness List, #2 Appendix Plaintiffs' Exhibit List, #3 Appendix Plaintiffs' Designation of Excerpts from Deposition Testimony (Barbieri), #4 Appendix NCMIC's Exhibit List)(Gossett, Ronald)
March 10, 2015 Filing 610 NCMIC's ANSWER and Affirmative Defenses to Amended Complaint (Defendants NCMIC Finance Corporation and PSFS 3 Corporations Amended Answer to Wigdor Third Amended Complaint with Affirmative Defenses and Second Amended Counterclaims), COUNTERCLAIM against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
March 10, 2015 Filing 609 NCMIC's ANSWER and Affirmative Defenses to Amended Complaint (Defendants NCMIC Finance Corporation and PSFS 3 Corporations Amended Answer to Blauzvern Third Amended Complaint with Affirmative Defenses and Second Amended Counterclaims), COUNTERCLAIM against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
February 27, 2015 Filing 608 Joint MOTION to Alter Judgment DE 606 re Trial Date for Brican Group of Defendants by Dr. Peter Blauzvern. Responses due by 3/16/2015 (Gossett, Ronald)
February 23, 2015 Filing 607 TRANSCRIPT of status conference held on 2-17-2015 before Judge Patricia A. Seitz, 1-71 pages, Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@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 3/19/2015. Redacted Transcript Deadline set for 3/30/2015. Release of Transcript Restriction set for 5/29/2015. (dwh)
February 17, 2015 Opinion or Order Filing 606 ORDER FOLLOWING FEBRUARY 17, 2015 HEARING - (NCMIC Amended Counterclaim due by 3/10/2015, Joint Pretrial Stipulation due by noon on 3/12/2015, Bench Trial on the reliance element of Plaintiffs' fraudulent-inducement claim set for 3/16/2015 09:30 AM in Miami Division before Judge Patricia A. Seitz, Bench Trial on Plaintiffs' claims against the Brican Defendants set for 5/4/2015 09:30 AM in Miami Division before Judge Patricia A. Seitz, Joint Pretrial Stipulation due by 4/13/2015, Pretrial Conference set for 4/24/2015 10:00 AM in Miami Division before Judge Patricia A. Seitz.) Signed by Judge Patricia A. Seitz on 2/17/2015. (gp)
February 17, 2015 Filing 605 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 2/17/2015. Order to follow. Court Reporter: Dawn Whitmarsh, 305-523-5598 / Dawn_Whitmarsh@flsd.uscourts.gov (wc)
February 12, 2015 Filing 604 NOTICE of Compliance with Order Setting Status Conference by NCMIC and PSFS 3 re #599 Order Setting Status Conference (Rodriguez, Catherine)
February 11, 2015 Filing 603 NOTICE of Compliance by Steven Wigdor re #599 Order Setting Status Conference. Attorney Ronald Pendl Gossett added to party Steven Wigdor(pty:conpla). (Attachments: #1 Exhibit Schedule A -- Wigdor, #2 Exhibit Schedule B -- Wigdor, #3 Exhibit Schedule C -- Wigdor, #4 Exhibit Schedule D -- Wigdor) (Gossett, Ronald)
February 11, 2015 Filing 602 NOTICE of Compliance by 20/20 Vision Clinic, LLP re #599 Order Setting Status Conference (Attachments: #1 Exhibit Exhibit A -- Blauzvern, #2 Exhibit Exhibit B -- Blauzvern, #3 Exhibit Exhibit C -- Blauzvern, #4 Exhibit Exhibit D -- Blauzvern) (Gossett, Ronald)
February 9, 2015 Opinion or Order Filing 601 ORDER granting #600 Motion. Ms. Rodriguez is excused from appearing at the February 17, 2015 hearing. Signed by Judge Patricia A. Seitz on 2/9/2015. (ai00)
February 6, 2015 Filing 600 Unopposed MOTION To Excuse Counsel from Appearing re #599 Order Setting Status Conference by NCMIC Finance Corporation. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
February 3, 2015 Opinion or Order Filing 599 ORDER SETTING STATUS CONFERENCE: Status Conference set for 2/17/2015 10:00 AM in Miami Division before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 2/2/2015. (gp)
January 27, 2015 Opinion or Order Filing 598 ORDER DISMISSING CLAIMS OF CERTAIN PLAINTIFFS WITH PREJUDICE re #593 Order on Motion to Withdraw as Attorney, #594 Notice of Filing Affidavit of David H. Charlip in Compliance with Court Order Denying Motion to Withdraw, #597 Notice of Compliance with Court Order (DE#595 ). ORDERED that The claims of the following Plaintiffs (including both the individuals and the business entities listed) are DISMISSED WITH PREJUDICE: Francine Camporeale, Justin Chien, Marc Flesher, Philip Haiman (individually), Philip K. Haiman & Associates, P.A. (a Florida Corporation), Chad Hess (individually), Rodrick Keener, Angel Lopez, Douglas Machiela, Pedro Mora-Rosa, Eric M Radzwill OD (individually ), Radzwill Optometric Associates, Chartered (a florida Corporation ), Jeffrey Riso, Ivan Rosenthal (individually), Dr. Chandy Samuel, Falls Cosmetic Dental Center (corporation), David Sweeney, Dr. David Sweeney, William Vockroth, Michael Watson. Clerks Note: JPML notified. Signed by Judge Patricia A. Seitz on 1/27/2015. (gp)
January 21, 2015 Filing 597 NOTICE of Compliance with Court Order (DE#595) by David H Charlip. Attorney David H. Charlip added to party David H Charlip(pty:pla). (Charlip, David)
January 16, 2015 Opinion or Order Filing 596 AMENDED ORDER re #570 Findings of Fact & Conclusions of Law. Signed by Judge Patricia A. Seitz on 1/16/2015. (ai00)
January 13, 2015 Opinion or Order Filing 595 ORDER REQUIRING Supplemental Filing as to Motion to Withdraw re: #590 MOTION to Withdraw as Attorney by David H. Charlip. filed by Alan Baribeau, #593 Order on Motion to Withdraw as Attorney, (Proposed Order Dismissing with Prejudice the Claims of All Plaintiffs listed in Schedule A DE #590 at 4-5 Deadline 1/21/2015.) Signed by Judge Patricia A. Seitz on 1/14/2015. (gp)
December 16, 2014 Filing 594 NOTICE by Steven Wigdor of Filing Affidavit of David H. Charlip in Compliance with Court Order Denying Motion to Withdraw (Charlip, David)
December 10, 2014 Opinion or Order Filing 593 ORDER Denying #590 Motion to Withdraw as Attorney. **See Order for further details**. Signed by Judge Patricia A. Seitz on 12/10/2014. (gp)
December 5, 2014 Filing 592 MEDIATION REPORT by Hon. Edward A. Panelli (Ret.). Disposition: Case did not settle. (gp)
November 25, 2014 Filing 591 RESPONSE in Opposition re #590 MOTION to Withdraw as Attorney by David H. Charlip. NCMICs Memorandum of Law in Partial Opposition to Charlip Law Groups Motion to Withdraw filed by NCMIC and PSFS 3. (Attachments: #1 Exhibit 1)(Rodriguez, Catherine)
November 14, 2014 Filing 590 MOTION to Withdraw as Attorney by David H. Charlip. by Alan Baribeau. Responses due by 12/1/2014 (Charlip, David)
October 29, 2014 Opinion or Order Filing 589 ORDER granting #588 Motion. Signed by Judge Kathleen M. Williams on behalf of Judge Patricia A. Seitz on 10/29/2014. (ai00)
October 29, 2014 Filing 588 MOTION to Excuse Plaintiff from Attendance at Mediation re #587 ORDER Scheduling Mediation by Dr. Arkady Tsibel. Attorney Ronald Pendl Gossett added to party Dr. Arkady Tsibel(pty:3pd). (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
October 28, 2014 Opinion or Order Filing 587 ORDER Scheduling Mediation before Hon. Edward A. Panelli (Ret.). Mediation Hearing set for 10/30/2014 09:00 AM. Signed by Judge Patricia A. Seitz on 10/28/2014. (gp)
October 15, 2014 Filing 586 ANSWER and Affirmative Defenses to Amended Complaint , THIRD PARTY COMPLAINT against All Plaintiffs, COUNTERCLAIM (Amended) against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
October 15, 2014 Filing 585 ANSWER and Affirmative Defenses to Amended Complaint , THIRD PARTY COMPLAINT against All Plaintiffs, COUNTERCLAIM (Amended) against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
October 14, 2014 Filing 584 NOTICE of Compliance by NCMIC and PSFS 3 re #579 Order on Motion for Reconsideration, (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation) (Rodriguez, Catherine)
September 30, 2014 Filing 583 NOTICE by NCMIC and PSFS 3 Notice of Selection of Mediator (Rodriguez, Catherine)
September 19, 2014 Filing 582 NOTICE of Compliance with Order Following September 4, 2014 Hearing by NCMIC and PSFS 3 re #579 Order on Motion for Reconsideration, (Attachments: #1 Appendix Proposed Judgment) (Rodriguez, Catherine)
September 19, 2014 Filing 581 NOTICE of Compliance by Plaintiffs by 20/20 Vision Clinic, LLP re #579 Order on Motion for Reconsideration, (Attachments: #1 Text of Proposed Order Proposed Final Judgment) (Gossett, Ronald)
September 16, 2014 Filing 580 TRANSCRIPT of Status Conference held on September 4, 2014, before Judge Patricia A. Seitz, 1-95 pages, Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@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 10/10/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/18/2014. (le)
September 4, 2014 Opinion or Order Filing 579 ORDER FOLLOWING SEPTEMBER 4, 2014 HEARING - Granting in part #571 Motion for Reconsideration. Mediation must take place by 11/15/2014. Plaintiffs shall file a Motion for Summary Judgment against Brican Defendants by 12/15/2014. The Brican Defendants shall Respond by 1/15/2015. Plaintiffs shall Reply due by 1/30/2015. **See order for further details** Signed by Judge Patricia A. Seitz on 9/4/2014. (gp)
September 4, 2014 Filing 578 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 9/4/2014. Court Reporter: Lisa Edwards, 305-523-5499 / Lisa_Edwards@flsd.uscourts.gov (dgj)
August 27, 2014 Filing 577 NOTICE of Compliance by NCMIC and PSFS 3, NCMIC Finance Corporation re #573 Order, Set/Reset Deadlines/Hearings, Terminate Deadlines (Attachments: #1 Appendix NCMIC's Proposed Judgment) (Rodriguez, Catherine)
August 27, 2014 Filing 576 NOTICE of Compliance by 20/20 Vision Clinic, LLP re #573 Order, Set/Reset Deadlines/Hearings, Terminate Deadlines (Attachments: #1 Appendix Proposed Final Judgment, #2 Appendix Proposal for Addressing Reliance and Materiality Issue, #3 Appendix Proposal for Addressing Other Matter Necessary for Finalizing the Closure of the Case) (Gossett, Ronald)
August 18, 2014 Filing 575 MEMORANDUM of Law re #571 MOTION for Reconsideration re #570 Findings of Fact & Conclusions of Law -- Reply Memorandum In Support Of Motion For Reconsideration, Filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
August 13, 2014 Filing 574 RESPONSE in Opposition re #571 MOTION for Reconsideration re #570 Findings of Fact & Conclusions of Law filed by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
August 7, 2014 Opinion or Order Filing 573 ORDER requiring expediting briefing on motion for reconsideration, setting hearing, and extending deadline for proposed final judgments. See Order for details. Signed by Judge Patricia A. Seitz on 8/7/2014. (ai00)
August 4, 2014 Filing 572 TRANSCRIPT of status conf held on 3.7.2014 before Judge Patricia A. Seitz, 1-48 pages, Court Reporter: Robin Dispenzieri, 305-523-5659 / Robin_Dispenzieri@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting Robin Dispenzieri before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2014. Redacted Transcript Deadline set for 9/8/2014. Release of Transcript Restriction set for 11/6/2014. (rd)
August 4, 2014 Filing 571 MOTION for Reconsideration re #570 Findings of Fact & Conclusions of Law by NCMIC and PSFS 3. (Attachments: #1 Exhibit Exhibit 1 - Text of Fla. Stat. 679.4031)(Rodriguez, Catherine)
July 18, 2014 Filing 570 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Patricia A. Seitz on 7/18/2014. (ai00)
May 2, 2014 Filing 569 TRANSCRIPT of Bench Trial held on 03/31/2014 before Judge Patricia A. Seitz, Volume Number 6 of 6, 1-302 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014. (jsn)
May 2, 2014 Filing 568 TRANSCRIPT of Bench Trial held on 03/28/2014 before Judge Patricia A. Seitz, Volume Number 5 of 6, 1-320 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014. (jsn)
May 2, 2014 Filing 567 TRANSCRIPT of Bench Trial held on 03/27/2014 before Judge Patricia A. Seitz, Volume Number 4 of 6, 1-282 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014. (jsn)
May 2, 2014 Filing 566 TRANSCRIPT of Bench Trial held on 03/26/2014 before Judge Patricia A. Seitz, Volume Number 3 of 6, 1 - 239 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014. (jsn)
May 2, 2014 Filing 565 TRANSCRIPT of Bench Trial held on 03/25/2014 before Judge Patricia A. Seitz, Volume Number 2 of 6, 1-277 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014. (jsn)
May 2, 2014 Filing 564 TRANSCRIPT of Bench Trial held on 03/24/2014 before Judge Patricia A. Seitz, Volume Number 1 of 6, 1-308 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014. (jsn)
April 22, 2014 Filing 563 Proposed Findings of Fact and Proposed Conclusions of Law by NCMIC and PSFS 3. (Rodriguez, Catherine)
April 22, 2014 Filing 562 Proposed Findings of Fact and Proposed Conclusions of Law by Plaintiffs by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
April 1, 2014 Filing 561 Defendant's Final Trial Exhibit List. (lw)
April 1, 2014 Filing 560 Plaintiffs' Final Trial Exhibit List. (lw)
March 31, 2014 Filing 559 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial Day 6 completed on 3/31/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
March 28, 2014 Filing 558 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial Day 5 held on 3/28/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
March 27, 2014 Filing 557 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial Day 4 held on 3/27/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
March 27, 2014 Filing 555 NOTICE by 20/20 Vision Clinic, LLP of filing Fourth Amended Designations of Deposition Transcripts (with Exhibit Cross References) by Plaintiffs (Gossett, Ronald)
March 27, 2014 Filing 554 NOTICE by 20/20 Vision Clinic, LLP of filing Third Amended Designations of Deposition Transcripts (with Exhibit Cross References) by Plaintiffs (Gossett, Ronald)
March 26, 2014 Filing 556 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial Day 3 held on 3/26/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
March 26, 2014 Filing 552 NOTICE by 20/20 Vision Clinic, LLP of filing Second Amended Designations of Deposition Transcripts (with Exhibit Cross References) by Plaintiffs (Gossett, Ronald)
March 25, 2014 Filing 553 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial Day 2 held on 3/25/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
March 25, 2014 Filing 551 NOTICE by 20/20 Vision Clinic, LLP of filing First Amended Designations of Deposition Transcripts (with Exhibit Cross References) by Plaintiffs (Gossett, Ronald)
March 24, 2014 Filing 550 Minute Entry for proceedings held before Judge Patricia A. Seitz: Bench Trial Day 1 held on 3/24/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
March 23, 2014 Filing 549 Witness List NCMIC's Fed. R. Civ. P. 32(a)(6) Counter-Designations of Portions of Deposition Transcripts To Be Utilized at Trial by NCMIC and PSFS 3.. (Rodriguez, Catherine)
March 23, 2014 Filing 548 Exhibit and Witness List by NCMIC and PSFS 3.. (Rodriguez, Catherine)
March 23, 2014 Filing 547 Witness List (List of Trial Witnesses) by NCMIC and PSFS 3.. (Rodriguez, Catherine)
March 23, 2014 Filing 546 NOTICE by 20/20 Vision Clinic, LLP of filing Final Designations of Deposition Transcripts (with Exhibit Cross References) by Plaintiffs (Gossett, Ronald)
March 23, 2014 Filing 545 Exhibit List (Final) filed by Plaintiffs by 20/20 Vision Clinic, LLP.. (Gossett, Ronald)
March 23, 2014 Filing 544 Witness List (Final) filed by Plaintiffs by 20/20 Vision Clinic, LLP.. (Gossett, Ronald)
March 17, 2014 Filing 543 Clerk's Notice of Undeliverable Mail re #522 Order on Motion to Dismiss for Failure to State a Claim. US Mail returned for: ATTORNEY BRYAN ARTHUR POWELL . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc)
March 14, 2014 Filing 542 TRIAL BRIEF Regarding The Interpretation and Application of Fla. Stat. 679.4031(2)(b) and (d) by NCMIC and PSFS 3. (Rodriguez, Catherine)
March 14, 2014 Filing 541 NOTICE of Compliance (Plaintiffs' Amended Trial Brief on 679.4031 HDC and good faith--wrong version previously filed) by 20/20 Vision Clinic, LLP re #537 Order (Gossett, Ronald)
March 14, 2014 Filing 540 NOTICE of Compliance (Plaintiffs' Trial Brief on 679.4031 HDC and good faith) by 20/20 Vision Clinic, LLP re #537 Order (Gossett, Ronald)
March 12, 2014 Filing 539 NOTICE of Compliance amended designations of portions of transcripts of depositions to be used by Plaintiffs by 20/20 Vision Clinic, LLP re #537 Order (Gossett, Ronald)
March 12, 2014 Filing 538 NOTICE of Compliance with paragraph 4 of order (designations of portions of transcripts to be used by Plaintiffs) by 20/20 Vision Clinic, LLP re #537 Order (Gossett, Ronald)
March 11, 2014 Opinion or Order Filing 537 Order Following Pretrial Conference. Signed by Judge Patricia A. Seitz on 3/11/2014. (ai00)
March 10, 2014 Filing 536 NOTIFICATION OF REQUEST FOR VIDEO RECORDING Signed by Judge Patricia A. Seitz on 3/10/2014. (gp)
March 7, 2014 Filing 535 NOTICE of Compliance (Expert's Short Report on Industry Standards) by 20/20 Vision Clinic, LLP re #534 Pretrial Conference - Final (Gossett, Ronald)
March 7, 2014 Filing 534 Minute Entry for proceedings held before Judge Patricia A. Seitz: Final Pretrial Conference held on 3/7/2014. Court Reporter: Robin Dispenzieri, 305-523-5659 / Robin_Dispenzieri@flsd.uscourts.gov (wc)
March 7, 2014 Filing 533 STIPULATION of Dismissal with Prejudice by Christopher Carroll, Christopher S. Carroll, D.D.S., P.C. (Charlip, David)
March 6, 2014 Filing 532 NOTICE of Compliance Written responses to Order alerting Plaintiffs' Counsel to be prepared to address certain issues by 20/20 Vision Clinic, LLP re #531 Order (Gossett, Ronald)
March 5, 2014 Opinion or Order Filing 531 ORDER PRIOR TO PRETRIAL CONFERENCE (See Order for Details). Signed by Judge Patricia A. Seitz on 3/5/2014. (wc)
March 5, 2014 Filing 530 NOTICE OF UNAVAILABILITY by 20/20 Vision Clinic, LLP for dates of April 4, 2014 - April 11, 2014 (Charlip, David)
February 28, 2014 Filing 529 PRETRIAL STIPULATION by 20/20 Vision Clinic, LLP (Attachments: #1 Appendix Plaintiffs' Exhibit List, #2 Appendix NCMIC Exhibit List, #3 Appendix Plaintiffs' Witness List, #4 Appendix NCMIC's Witness List, #5 Appendix NCMIC's Motion in Limine, #6 Appendix Plaintiffs' Response to Motion in Liimine)(Gossett, Ronald)
February 28, 2014 Filing 528 Proposed Findings of Fact and Proposed Conclusions of Law by Plaintiffs by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
February 28, 2014 Filing 527 Proposed Findings of Fact and Proposed Conclusions of Law by NCMIC and PSFS 3. (Rodriguez, Catherine)
February 25, 2014 Opinion or Order Filing 526 ORDER Granting #472 NCMIC's Motion to Dismiss Plaintiffs' Little FTC Act Claims. The portions of Count IV of the Blauzvern Plaintiffs' Third Amended Complaint DE #464 that bring claims under various states' "Little FTC Acts" - specifically, 318-27 - are DISMISSED, without leave to replead because of the present status of this case. Signed by Judge Patricia A. Seitz on 2/26/2014. (gp)
February 14, 2014 Filing 524 STIPULATION of Dismissal with prejudice by Eye Center Optometrics (Gossett, Ronald)
February 14, 2014 Filing 523 TRANSCRIPT of Status Conference held on 02/10/2014 before Judge Patricia A. Seitz, 1-99 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 3/10/2014. Redacted Transcript Deadline set for 3/20/2014. Release of Transcript Restriction set for 5/19/2014. (jsn)
February 12, 2014 Opinion or Order Filing 522 ORDER Following February 10, 2014 Status Conference: #472 Motion to Dismiss for Failure to State a Claim will be addressed in a forthcoming order; Granting #478 Motion to Strike #465 Third Amended Complaint. The #465 Third Amended Complaint at P. 74 is hereby STRICKEN, Granting #513 Motion to Excuse Plaintiffs from Appearance at Trial; #516 Motion to Permit Use of Summaries of Contracts Without Production of Paper Copies in Court is premature at this time; Denying #517 Motion for Entry of Judgment under Rule 54(b); #517 Motion to Stay; #518 Motion to Terminate MDL and Remand Component Cases pursuant to Rules 10.1, 10.2 and 10.3 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation will be addressed in a forthcoming order; #519 Plaintiff's MOTION to Sever Counterclaims and Third Party Claims for trial is STRICKEN from the docket as a filing error. Granting #520 Motion to Continue; Granting #521 Motion to Sever. (Pretrial Stipulation due by 2/28/2014, Bench Trial set for 3/24/2014 09:30 AM in Miami Division before Judge Patricia A. Seitz, Pretrial Conference set for 3/7/2014 09:00 AM in Miami Division before Judge Patricia A. Seitz.) Signed by Judge Patricia A. Seitz on 2/12/2014. (gp)
February 10, 2014 Filing 525 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 2/10/2014. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
February 10, 2014 Filing 521 Corrected MOTION to Sever Counterclaims and Third Party Claims for trial by 20/20 Vision Clinic, LLP. Responses due by 2/27/2014 (Gossett, Ronald)
February 6, 2014 Filing 520 Plaintiff's MOTION to Continue Trial by resetting trial date to date certain with sufficient time allotted to try case in one setting by 20/20 Vision Clinic, LLP. Responses due by 2/24/2014 (Gossett, Ronald)
February 6, 2014 Filing 519 Plaintiff's MOTION to Sever Counterclaims and Third Party Claims for trial by 20/20 Vision Clinic, LLP. Responses due by 2/24/2014 (Gossett, Ronald)
February 6, 2014 Filing 518 Plaintiff's MOTION to Remand to transferor court and terminate MDL by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
February 6, 2014 Filing 517 Plaintiff's MOTION for Entry of Judgment under Rule 54(b) in favor of PSFS 3 Corp., and against certain plaintiffs, Plaintiff's MOTION to Stay re #512 Order on Motion to Expedite, pending resolution by Eleventh Circuit of appeal to be taken from Rule 54(b) final judgment ( Responses due by 2/24/2014) by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
February 6, 2014 Filing 516 MOTION Motion to Permit Use of Summaries at Trial without providing paper copies of all contracts in open court re #512 Order on Motion to Expedite, by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
February 6, 2014 Filing 515 NOTICE of Compliance by filing amended joint proposed agenda for status conference set for February 10, 2014, by 20/20 Vision Clinic, LLP re #512 Order on Motion to Expedite, (Gossett, Ronald)
February 5, 2014 Filing 514 NOTICE of Compliance with Order requiring filing of joint proposed agenda for status conference set for February 10, 2014, by 20/20 Vision Clinic, LLP re #512 Order on Motion to Expedite, (Gossett, Ronald)
February 4, 2014 Filing 513 MOTION Motion to Excuse Plaintiffs from Appearing at Trial re #511 Order, Set/Reset Deadlines/Hearings,, by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
January 31, 2014 Opinion or Order Filing 512 ORDER Granting #510 Unopposed Motion for Expedited Status Conference. Joint Proposed Agenda of the issues to be addressed at the Status Conference Deadline 2/5/2014. Status Conference set for 2/10/2014 02:00 PM in Miami Division before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 1/31/2014. (gp)
January 31, 2014 Opinion or Order Filing 511 CASE MANAGEMENT ORDER FOR TRIAL SETTING PRETRIAL DEADLINES. (Joint Pretrial Stipulation due by 2/28/2014, Bench Trial set for 3/24/2014 in Miami Division before Judge Patricia A. Seitz, Pretrial Conference rescheduled for 3/7/2014 09:00 AM in Miami Division before Judge Patricia A. Seitz.) Signed by Judge Patricia A. Seitz on 1/31/2014. (gp)
January 30, 2014 Filing 510 Unopposed MOTION to Expedite Status Conference by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
January 22, 2014 Opinion or Order Filing 509 ORDER granting in part and denying in part #473 Motion for Summary Judgment. A Bench Trial of all remaining issues is hereby scheduled for the trial period beginning March 24, 2014 in Miami Division before Judge Patricia A. Seitz. Pretrial Conference set for 3/19/2014 before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 1/22/2014. (ra)
January 17, 2014 Filing 508 NOTICE of Compliance re status of settlement with Eye Care Optometrics by 20/20 Vision Clinic, LLP re #507 Status Report Order (Gossett, Ronald)
January 16, 2014 Opinion or Order Filing 507 ORDER REQUIRING STATUS OF PROPOSED SETTLEMENT : Written Notice of the Status of proposed settlement between NCMIC and Plaintiff Eye Care Optometrics due by 1/20/2014. Signed by Judge Patricia A. Seitz on 1/16/2014. (gp)
January 10, 2014 Filing 506 NOTICE of Compliance (NCMIC Finance Corporation and PSFS 3 Corporations Response to Plaintiffs Compliance with Order Regarding December 19, 2013 Hearing on Summary Judgment Motion) by NCMIC and PSFS 3 re #504 Notice of Compliance, filed by 20/20 Vision Clinic, LLP, #505 Notice of Compliance filed by 20/20 Vision Clinic, LLP (Rodriguez, Catherine)
January 8, 2014 Filing 505 NOTICE of Compliance by the Blauzvern Plaintiffs by 20/20 Vision Clinic, LLP re #499 Order on Motion for Leave to File,, (Gossett, Ronald)
January 8, 2014 Filing 504 NOTICE of Compliance With Order Regarding December 19, 2013, Hearing On Defendants' Motion For Summary Judgment by 20/20 Vision Clinic, LLP re #499 Order on Motion for Leave to File,, (Attachments: #1 Exhibit Declaration, #2 Exhibit Letter, #3 Exhibit Letter)(Charlip, David)
December 27, 2013 Filing 502 NOTICE of Compliance with Order Following December 19, 2013 Status Conference and Hearing by NCMIC and PSFS 3 re #499 Order on Motion for Leave to File,, (Rodriguez, Catherine)
December 26, 2013 Filing 501 REPLY to Response to Motion re #472 MOTION TO DISMISS #464 Amended Complaint, FOR FAILURE TO STATE A CLAIM Little FTC Act Claims in Blauzvern Third Amended Complaint filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
December 26, 2013 Filing 500 TRANSCRIPT of Status Conference held on 12/19/2013 before Judge Patricia A. Seitz, 1-86 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 1/21/2014. Redacted Transcript Deadline set for 1/30/2014. Release of Transcript Restriction set for 3/31/2014. (jsn)
December 20, 2013 Opinion or Order Filing 499 ORDER FOLLOWING DECEMBER 19, 2013 STATUS CONFERENCE AND HEARING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, denying #490 Motion for Leave to File; dismissing the Patel actions (Case Nos. 10-22959 and 11-20462); setting Plaintiffs' response deadline for Defendants' counterclaim to on or before January 17, 2014; cancelling the trial of this case, which was tentatively scheduled to begin on January 6, 2014. (See Order for full details.) Signed by Judge Patricia A. Seitz on 12/20/2013. (wc)
December 19, 2013 Filing 503 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 12/19/2013. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
December 18, 2013 Opinion or Order Filing 498 ORDER REGARDING December 18, 2013 Hearing on Defendants' Motion for Summary Judgment Signed by Judge Patricia A. Seitz on 12/18/2013. (gp)
December 18, 2013 Filing 497 NOTICE of Compliance with undocketed Court Order re Oral Arguments on NCMIC's motion for summary judgment by 20/20 Vision Clinic, LLP (Gossett, Ronald)
December 18, 2013 Opinion or Order Filing 496 ORDER granting Plaintiffs' Motion to Accept Late Filed Memorandum and Motion for Enlargement of Time to File Response to Counterclaim [DE-491]. Plaintiffs' Memorandum of Law in Opposition to NCMIC's Motion to Dismiss shall be deemed filed as of the date of this Order. Plaintiffs shall file the Response to Defendants' counterclaim on or before December 23, 2013. Signed by Judge Patricia A. Seitz on 12/18/2013. (cm)
December 18, 2013 Filing 495 NOTICE by NCMIC and PSFS 3, NCMIC Finance Corporation Joint Proposed Agenda for Status Conference (Rodriguez, Catherine)
December 18, 2013 Filing 494 NOTICE by 20/20 Vision Clinic, LLP re #460 Order to Show Cause, of list of former clients of Kenneth Catanzarite who are now members of the Blauzvern group of Plaintiffs (Gossett, Ronald)
December 18, 2013 Filing 493 NOTICE by 20/20 Vision Clinic, LLP re #460 Order to Show Cause, of appearance for certain former clients of Kenneth Catanzarite (Gossett, Ronald)
December 18, 2013 Filing 492 NOTICE by 20/20 Vision Clinic, LLP of filing of transcript of Rule 30(b)(6) deposition of NCMIC (Attachments: #1 Transcripts Rule 30(b)(6) deposition of NCMIC)(Gossett, Ronald)
December 18, 2013 Filing 491 MOTION for Leave to File Memorandum of Law in Opposition to Motion to Dismiss Little FTC Act claims by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit Proposed Memorandum of Law in Opposition to NCMIC's Motion to Dismiss Little FTC Act claims)(Gossett, Ronald)
December 16, 2013 Filing 490 MOTION for Leave to File to file Fourth Amended Complaint by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix Proposed Fourth Amended Complaint)(Gossett, Ronald)
December 16, 2013 Filing 489 REPLY to Response to Motion re #473 MOTION for Summary Judgment on Plaintiffs' Remaining Claims filed by NCMIC Finance Corporation of California. Attorney Catherine Magdalena Rodriguez added to party NCMIC Finance Corporation of California(pty:condft). (Attachments: #1 Appendix Appendix A, pp. 1-23, #2 Appendix Appendix A, pp. 24-49, #3 Appendix Appendix B (Iowa Court Decision))(Rodriguez, Catherine)
December 13, 2013 Opinion or Order Filing 488 ORDER granting Motion for Leave to File Excess Pages [DE-487]. Defendant may file a 15-page reply brief in support of its Motion for Summary Judgment. Signed by Judge Patricia A. Seitz on 12/13/2013. (cm)
December 13, 2013 Filing 487 Unopposed MOTION for Leave to File Excess Pages by NCMIC and PSFS 3. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
December 11, 2013 Filing 486 AFFIDAVIT in Opposition re #473 MOTION for Summary Judgment on Plaintiffs' Remaining Claims Opposition to NCMIC & PSFS 3's Material Facts and Additional Material Facts filed by Steven Wigdor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3, #7 Exhibit D-4, #8 Exhibit E)(Charlip, David)
December 11, 2013 Filing 485 Statement of: Response to Statement of Undisputed Facts, and Statement of Additional Undisputed Facts by 20/20 Vision Clinic, LLP re #474 Statement (Gossett, Ronald)
December 11, 2013 Filing 484 RESPONSE in Opposition re #473 MOTION for Summary Judgment on Plaintiffs' Remaining Claims filed by Steven Wigdor. (Charlip, David)
December 11, 2013 Filing 483 RESPONSE in Opposition re #473 MOTION for Summary Judgment on Plaintiffs' Remaining Claims filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix to Memorandum of Law, #2 Affidavit Declaration of Joseph G. Bonanno, #3 Affidavit Declaration of H. Krollfeifer, Jr.)(Gossett, Ronald)
December 5, 2013 Filing 482 Wigdor Plaintiffs ANSWER to Counterclaim by 20/20 Vision Clinic, LLP. (Charlip, David)
December 4, 2013 Filing 481 ANSWER to Amended Complaint by Brican America, Inc., Brican Financial Services, LLC. (Orshan, Paul)
December 4, 2013 Filing 480 ANSWER to Amended Complaint by Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, Jean Francois Vincens. (Orshan, Paul)
December 2, 2013 Filing 479 STIPULATION of Dismissal by Joel David, Joseph Sasson (Charlip, David)
November 29, 2013 Filing 478 MOTION to Strike #465 Amended Complaint, Jury Trial Demand, by NCMIC and PSFS 3. Responses due by 12/16/2013 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Strike Wigdor Jury Trial Demand)(Rodriguez, Catherine)
November 27, 2013 Reset Answer Due Deadline per 477 Order: Brican America, Inc. response due 12/4/2013; Brican Financial Services, LLC response due 12/4/2013; Jacques Lemacon response due 12/4/2013; Jean Francois Vincens response due 12/4/2013. (asl)
November 27, 2013 Opinion or Order Filing 477 ORDER granting Brican Defendant's Motion for Relief From the Order Following November 18, 2013 Status Conference [DE-476]. The Brican Defendants shall file an Answer to the Amended Complaint on or before December 4, 2013. Signed by Judge Patricia A. Seitz on 11/27/2013. (cm)
November 26, 2013 Filing 476 MOTION Relief from the Order Following the November 18, 2013 Status Conference re #462 Order by Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, Jean Francois Vincens. (Attachments: #1 Text of Proposed Order)(Orshan, Paul)
November 25, 2013 Filing 475 TRANSCRIPT of Status Conference held on 11/18/2013 before Judge Patricia A. Seitz, 1-86 pages, Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@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 12/19/2013. Redacted Transcript Deadline set for 12/30/2013. Release of Transcript Restriction set for 2/27/2014. (jsn)
November 22, 2013 Filing 474 Statement of: of Undisputed Material Facts (Rule 56.1) by NCMIC and PSFS 3 re #473 MOTION for Summary Judgment on Plaintiffs' Remaining Claims (Rodriguez, Catherine)
November 22, 2013 Filing 473 MOTION for Summary Judgment on Plaintiffs' Remaining Claims by NCMIC and PSFS 3. Responses due by 12/9/2013 (Rodriguez, Catherine)
November 22, 2013 Filing 472 MOTION TO DISMISS #464 Amended Complaint, FOR FAILURE TO STATE A CLAIM Little FTC Act Claims in Blauzvern Third Amended Complaint by NCMIC and PSFS 3. Responses due by 12/9/2013 (Rodriguez, Catherine)
November 22, 2013 Filing 471 NCMIC's ANSWER and Affirmative Defenses to Amended Complaint (Blauzvern Third Amended Complaint), THIRD PARTY COMPLAINT against All Plaintiffs, COUNTERCLAIM against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
November 22, 2013 Filing 470 NCMIC's ANSWER and Affirmative Defenses to Amended Complaint (Wigdor Third Amended Complaint, THIRD PARTY COMPLAINT against All Plaintiffs, COUNTERCLAIM against All Plaintiffs by NCMIC and PSFS 3. (Rodriguez, Catherine)
November 22, 2013 Filing 469 NOTICE by 20/20 Vision Clinic, LLP re #462 Order Bankruptcy of Brican America, LLC, is still pending (Gossett, Ronald)
November 21, 2013 Filing 468 NOTICE by 20/20 Vision Clinic, LLP re #465 Amended Complaint, by Wigdor Plaintiffs of Filing Substitute Exhibit "B" to Third Amended Complaint (Charlip, David)
November 21, 2013 Filing 467 Clerks Notice to Filer re #464 Third Amended Complaint. Wrong Party Name(s) Selected; ERROR - The correction was made by the Clerk, see 466 Third Amended Complaint. It is not necessary to refile this document. (gp)
November 20, 2013 Filing 466 Third AMENDED COMPLAINT by the Blauzvern Plaintiffs against Brican America LLC, Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, NCMIC Finance Corporation, PSFS 3 Corporation, Jean Francois Vincens filed in response to Order Granting Motion for Leave, filed by Blauzvern Plaintiffs. **See Image at #464 Third Amended Complaint** (gp)
November 20, 2013 Filing 465 Third AMENDED COMPLAINT by Wigdor Plaintiffs against Brican America LLC, Brican America, Inc., Brican America, LLC, Brican Financial Services, LLC, NCMIC Finance Corporation, NCMIC and PSFS 3, PSF 3 Corporation, PSFS 3 Corporation filed in response to Order Granting Motion for Leave, filed by Shaun Larsen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Charlip, David)
November 20, 2013 Filing 464 Third AMENDED COMPLAINT by the Blauzvern Plaintiffs against All Plaintiffs filed in response to Order Granting Motion for Leave, filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix listing each Plaintiff, #2 Exhibit 1 through 8)(Gossett, Ronald)
November 19, 2013 Opinion or Order Filing 463 ORDER Denying as moot #457 Motion for Clarification. Signed by Judge Patricia A. Seitz on 11/19/2013. (gp)
November 18, 2013 Opinion or Order Filing 462 ORDER FOLLOWING NOVEMBER 18, 2013 STATUS CONFERENCE Signed by Judge Patricia A. Seitz on 11/18/2013. (ra)
November 18, 2013 Filing 461 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 11/18/2013. Court Reporter: Judy Wolff, 305-523-5294 / Judy_Wolff@flsd.uscourts.gov (lw)
November 18, 2013 Opinion or Order Filing 460 ORDER TO SHOW CAUSE on or before Wednesday, 11/20/2013 at noon. Each individual Plaintiffs who is no longer represented by Mr. Catanzarite shall obtain new counsel, who must file a notice of appearance, obtain representation from either Mr. Gossett or Mr. Charlip, or notify the Court that he or she intends to proceed pro se in this action. Signed by Judge Patricia A. Seitz on 11/18/2013. (gp)
November 15, 2013 Opinion or Order Filing 459 ORDER OVERRULING Defendant's OBJECTIONS, AFFIRMING Magistrate's Orders, and Affirming and Adopting Report and Recommendations re #431 Report and Recommendations on #294 Motion for Sanctions, filed by 20/20 Vision Clinic, LLP, #431 Order, Report and Recommendations, #312 Motion to Strike, filed by 20/20 Vision Clinic, LLP. Re: #294 MOTION for Sanctions (witness tampering), #431 REPORT AND RECOMMENDATIONS re #294 MOTION for Sanctions (witness tampering) filed by 20/20 Vision Clinic, LLP, #312 Plaintiff's MOTION to Strike #308 Response in Opposition to Motion Affidavit of Barbara Schreibman filed with Response at DE 308-1. The deposition of NCMIC's corporate representative shall take place on or before December 10, 2013. **See Order for further details** Signed by Judge Patricia A. Seitz on 11/15/2013. (gp)
November 13, 2013 Filing 458 NOTICE by 20/20 Vision Clinic, LLP of filing Joint Proposed Agenda for Status Conference (Gossett, Ronald)
November 6, 2013 Filing 457 Unopposed MOTION for clarification #438 Order on Motion for Extension of Time, #428 Order (concerning deadline for filing discovery plan) by Dr. Peter Blauzvern, Peter M. Blauzvern DDS PC. Responses due by 11/25/2013 (Gossett, Ronald) -Modified filer on 11/12/2013 (gp)-.
November 5, 2013 Filing 456 OBJECTIONS to #431 Report and Recommendations and to #429 Order on Plaintiffs' Motion for Sanctions; NCMIC's Reply in Further Support of its Objections to Magistrate Judge's Orders on Plaintiffs' Motions for Sanctions by NCMIC and PSFS 3. (Rodriguez, Catherine)
November 4, 2013 Filing 455 Statement of: NCMIC's Response to Plaintiffs' Joint Statement and Proposal for Resolving Remaining Claims and Issues by NCMIC and PSFS 3 re #448 Notice of Compliance (Rodriguez, Catherine)
November 4, 2013 Filing 454 RESPONSE/REPLY to #437 Statement by NCMIC of Suggestions for Resolving Remaining Issues by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
November 4, 2013 Opinion or Order Filing 453 ORDER Granting #288 Defendants NCMIC and PSFS 3's Motion to Amend Order on Informal Discovery Conference (Amended) and Denying as moot #287 Defendants' Motion to Amend Order On Informal Discovery Conference. Signed by Magistrate Judge Andrea M. Simonton on 11/4/2013. (par)
October 31, 2013 Opinion or Order Filing 452 ORDER granting Motion for Enlargement of Time to be Relieved as Counsel for Patel Plaintiffs [DE-449]. Counsel for the Patel Plaintiffs shall complete the transfer of representation and file a motion to withdraw on or before November 4, 2013. Signed by Judge Patricia A. Seitz on 10/31/2013. (cm)
October 29, 2013 Filing 451 RESPONSE TO OBJECTION to #431 Report and Recommendations by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
October 28, 2013 Filing 450 NOTICE of Compliance (Motion to Consolidate certain Patel Plaintiffs with Blauzvern action) by 20/20 Vision Clinic, LLP re #438 Order on Motion for Extension of Time, #428 Order (Gossett, Ronald)
October 28, 2013 Filing 449 MOTION for Extension of Time To Be Relieved as Counsel for Patel Plaintiffs Including Sekhar Chakka; Drs. Ebenezer & Rachel Johnson, DDS; Jaikrishnan R. Kakanar, DDS; Krupaker Yeturu; and Timothy J. Delaney, DDS Up to and including November 4, 2013 by Reza M Birjandi, Sekhar Chakka, Timothy J Delaney, Drs Ebenezer and Rachel Johnson DDS Inc, Ebenezer Johnson, Jaikrishnan R Kakanar, Krupakar Yeturu. Responses due by 11/15/2013 (Attachments: #1 Text of Proposed Order [Proposed] Order)(Catanzarite, Kenneth)
October 28, 2013 Filing 448 NOTICE of Compliance (Plaintiffs' Joint Statement of proposal as to how to resolve the claims and issues remaining) by 20/20 Vision Clinic, LLP re #438 Order on Motion for Extension of Time, #428 Order (Gossett, Ronald)
October 25, 2013 Opinion or Order Filing 447 ENDORSED ORDER granting #441 NCMIC's Unopposed Motion to Stay #429 the Order Regarding Deposition of 30(b)(6) Corporate Representative, pending resolution by the District Judge on NCMIC's Objections [DE 435]. Signed by Magistrate Judge Andrea M. Simonton on 10/25/2013. (AMS)
October 22, 2013 Opinion or Order Filing 446 ORDER granting Plaintiffs' Unopposed Motion for Enlargement of Time to Comply with Paragraph 3 of Scheduling Order [DE-439]. Blauzvern Plaintiffs' counsel shall comply with Paragraph 3 of the Court's Scheduling Order [DE-428] on or before October 28, 2013. Signed by Judge Kathleen M. Williams on behalf of Judge Patricia A. Seitz on 10/22/2013. (cm)
October 22, 2013 Opinion or Order Filing 445 ORDER granting Patel Plaintiffs' Motion for Enlargement of Time to Comply With Paragraph 2 of Scheduling Order [DE-440]. Patel Plaintiffs' counsel shall comply with Paragraph 2 of the Court's Scheduling Order [DE-428] on or before October 28, 2013. Signed by Judge Kathleen M. Williams on behalf of Judge Patricia A. Seitz on 10/22/2013. (cm)
October 22, 2013 Filing 444 NOTICE of Compliance Amended (joint list) by 20/20 Vision Clinic, LLP re #438 Order on Motion for Extension of Time, #428 Order (Gossett, Ronald)
October 21, 2013 Filing 443 NOTICE of Compliance (conference regarding positions and theories on the issues remaining for resolution) by 20/20 Vision Clinic, LLP re #438 Order on Motion for Extension of Time, #428 Order (Gossett, Ronald)
October 21, 2013 Filing 442 NOTICE of Compliance (filing of joint lists of each individual plaintiff) by 20/20 Vision Clinic, LLP re #438 Order on Motion for Extension of Time, #428 Order (Gossett, Ronald)
October 21, 2013 Filing 441 Unopposed MOTION to Stay re #429 Order on Motion for Sanctions, by NCMIC and PSFS 3. Responses due by 11/7/2013 (Attachments: #1 Exhibit Notice of Taking Videotaped Deposition of NCMIC Finance Corp)(Rodriguez, Catherine)
October 18, 2013 Filing 440 Unopposed MOTION for Extension of Time to Comply with Paragraph 2 of Scheduling Order and CM/ECF Noticed dated 9/24/13 re #428 Order by Advanced Dentistry of New York PLLC, Reza M Birjandi, David Browning, Eye Center Optometrics, Alfonzo D Gonzalez, Jose Lomboy, Maricela Murillo, Vijay Patel(an individual, on behalf of himself and all others similarly situated ), Dennis E Shamlian, Valery Sweeny, J Foster Weems, Michael W Wells, Paul Wesling. Responses due by 11/4/2013 (Catanzarite, Kenneth)
October 18, 2013 Filing 439 Unopposed MOTION for Extension of Time to file motion to consolidate Patel plaintiffs with Blauzvern plaintiffs re #428 Order by 20/20 Vision Clinic, LLP. Responses due by 11/4/2013 (Gossett, Ronald)
October 16, 2013 Set/Reset Deadlines/Hearings : Per #438 Order - The Parties must file a Discovery plan on or before 11/6/2013. Status Conference set for 11/18/2013 09:00 AM in Miami Division before Judge Patricia A. Seitz. (gp)
October 16, 2013 Opinion or Order Filing 438 ORDER Granting in part #433 Partially Unopposed and Partially Opposed Motion for Extension of Time to Comply with Scheduling Order. The Status conference currently scheduled for October 29, 2013 is hereby CANCELLED, and a status conference shall take place on November 18, 2013 at 9:00 a.m. **See Order for further details** Signed by Judge Patricia A. Seitz on 10/15/2013. (gp)
October 15, 2013 Filing 437 Statement of: NCMIC's Statement Regarding Proposed Evidentiary Hearing and Binding Effect of Hearing Outcome on All Plaintiffs (Corrected Version of #436 ) by NCMIC and PSFS 3 re #428 Order (Rodriguez, Catherine)
October 15, 2013 Filing 436 Statement of: NCMIC's Statement Regarding Proposed Evidentiary Hearing and Binding Effect of Hearing Outcome on All Plaintiffs by NCMIC and PSFS 3 re #428 Order (Rodriguez, Catherine)
October 15, 2013 Filing 435 OBJECTIONS to #431 Report and Recommendations and to #429 Order on Plaintiffs' Motion for Sanctions by NCMIC and PSFS 3. (Attachments: #1 Exhibit A (NCMIC's Proposed Stipulations))(Rodriguez, Catherine)
October 10, 2013 Filing 434 RESPONSE in Opposition re #433 MOTION for Extension of Time to comply with DE 428 re #428 Order filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
October 9, 2013 Filing 433 MOTION for Extension of Time to comply with DE 428 re #428 Order by 20/20 Vision Clinic, LLP. Responses due by 10/28/2013 (Gossett, Ronald)
October 3, 2013 Filing 432 TRANSCRIPT of Status Conference held on 9-18-13 at 10:07 a.m. before Judge Patricia A. Seitz, 1-37 pages, Court Reporter: Carly Horenkamp, 305-523-5138 / Carleen_Horenkamp@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 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/6/2014. (ch)
October 1, 2013 Opinion or Order Filing 431 ORDER Denying #294 Plaintiffs' Motion for Sanctions Againgst Defendant NCMIC For Witness Tampering, and #312 Plaintiffs' Motion to Strike the Affidavit, or Portions Thereof Filed by NCMIC in Response to Plaintiffs' Motion for Sanctions; and REPORT AND RECOMMENDATIONS re #294 Plaintiffs' Request for Sanctions Including Striking Of Pleadings Against NCMIC for Discovery Abuses. Objections to R&R due by 10/18/2013. Signed by Magistrate Judge Andrea M. Simonton on 10/1/2013. (par)
October 1, 2013 Opinion or Order Filing 430 ORDER denying #290 Plaintiffs' Motion for Sanctions Against NCMIC related to the Paper File of Lanette Henningsen. Signed by Magistrate Judge Andrea M. Simonton on 10/1/2013. (par)
October 1, 2013 Opinion or Order Filing 429 ORDER granting in part and denying in part #284 Plaintiffs' Motion for Sanctions Against NCMIC Finance Corp. Related to NCMIC's Failure to Produce 30(b)(6) Corporate Representative for Deposition. Signed by Magistrate Judge Andrea M. Simonton on 10/1/2013. (par)
September 23, 2013 Set/Reset Deadlines/Hearings Per #428 ORDER : Discovery Plan must be filed with the Court by 10/28/2013. Motion to withdraw as counsel for the Patel Plaintiffs due on or before 10/18/2013. Status Conference is hereby scheduled for 10/29/2013 10:00 AM in Miami Division before Judge Patricia A. Seitz. (gp)
September 23, 2013 Opinion or Order Filing 428 ORDER FOLLOWING SEPTEMBER 18, 2013 STATUS CONFERENCE. **See Order for further details** Signed by Judge Patricia A. Seitz on 9/23/2013. (gp)
September 18, 2013 Filing 427 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 9/18/2013. Court Reporter: Carly Horenkamp, 305-523-5138 / Carleen_Horenkamp@flsd.uscourts.gov (lw)
September 18, 2013 Filing 426 Clerk's Notice of Undeliverable Mail re #415 Order Setting Status Conference. US Mail returned for: JJR INVESTMENTS, LLC . The Court has not located an updated address for this party. After two unsuccessful noticing attempts, notices from the Court will no longer be sent to this party in this case until a correct address is provided. (lbc)
September 17, 2013 Opinion or Order Filing 425 ORDER granting Motion to be Excused From Status Conference [DE-424]. The De Canio Defendants are hereby excused from appearing at the September 18, 2013 Status Conference. Signed by Judge Patricia A. Seitz on 9/17/2013. (cm)
September 17, 2013 Filing 424 Defendant's MOTION excused from appearance at status conference by Salvatore M DeCanio, Jr.. (Attachments: #1 Text of Proposed Order prposed order excusing)(Tomberg, Jeff)
September 17, 2013 Opinion or Order Filing 423 ORDER denying #422 Motion for Relief from Attending the September 18, 2013 Status Conference. Signed by Judge Patricia A. Seitz on 9/17/2013. (dgj)
September 14, 2013 Filing 422 MOTION for Relief from Attending the September 18, 2013 Status Conference by Counsel for Patel Plaintiffs by Vijay Patel(an individual, on behalf of himself and all others similarly situated ). (Attachments: #1 Text of Proposed Order)(Catanzarite, Kenneth)
September 12, 2013 Filing 421 NOTICE by 20/20 Vision Clinic, LLP of Pending Change in Parties (Gossett, Ronald)
September 12, 2013 Filing 420 NOTICE of Compliance Filing of Joint Proposed Agenda for Status Conference by 20/20 Vision Clinic, LLP re #413 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,,,,, Order on Motion for Hearing,, (Gossett, Ronald)
September 6, 2013 Filing 419 NOTICE of Compliance Joint Report on Proposed Mechanism for Trial by 20/20 Vision Clinic, LLP re #413 Order on Motion for Partial Summary Judgment,,, Order on Motion for Summary Judgment,,,,,, Order on Motion for Hearing,, (Gossett, Ronald)
August 27, 2013 Opinion or Order Filing 418 ORDER granting Defendants' Unopposed Motion for Extension of Time to File "Joint Report" [DE-417]. The Parties shall file a Joint Report pursuant to the Court's previous Order [DE-413] on or before September 6, 2013. Signed by Judge Patricia A. Seitz on 8/27/2013. (cm)
August 27, 2013 Filing 417 Unopposed MOTION for Extension of Time To File Joint Report ; With Certificate Of Service, Filed by NCMIC Finance Corporation, PSFS 3 Corporation. Responses due by 9/13/2013 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
August 21, 2013 Filing 416 NOTICE RESETTING STATUS CONFERENCE : Status Conference set for 9/18/2013 10:00 AM in Miami Division before Judge Patricia A. Seitz. (gp)
August 16, 2013 Opinion or Order Filing 415 ORDER RESCHEDULING Status Conference: Status Conference rescheduled for Thursday, 9/12/2013 10:00 AM in Miami Division before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 8/16/2013. (gp)
August 5, 2013 Opinion or Order Filing 414 ORDER Denying as moot #318 Motion for Status Conference; Denying as moot #368 Motion to Strike the Wigdor Supplemental Statement of Facts ; Denying as moot #385 Motion to Strike. Signed by Judge Patricia A. Seitz on 8/5/2013. (gp)
July 31, 2013 Set/Reset Hearings Status Conference set for 9/13/2013 10:00 AM in Miami Division before Judge Patricia A. Seitz. See #413 Omnibus Order. (gp)
July 31, 2013 Opinion or Order Filing 413 OMNIBUS ORDER on Cross-Motions for Summary Judgment on the "Jugular" Issue - Denying #337 Motion for Partial Summary Judgment; Denying #339 Motion for Summary Judgment; Granting in part and Denying in part #341 Motion for Summary Judgment; Denying as moot #399 Motion for Status Conference. The Parties shall confer and submit a joint report on a proposed mechanism for resolving the issues remaining in this case pursuant to this Order. This report must be submitted on or before August 30, 2013 . A status conference in this matter is hereby scheduled for September 13, 2013 at 10:00 a.m. Signed by Judge Patricia A. Seitz on 8/1/2013. (gp) -Modified text on 8/1/2013 (gp)-.
June 4, 2013 Opinion or Order Filing 412 ORDER Denying as moot #410 Motion to Strike per #411 Notice of Conditional Withdrawal. Signed by Judge Patricia A. Seitz on 6/4/2013. (gp)
May 29, 2013 Filing 411 NOTICE by 20/20 Vision Clinic, LLP re #409 Notice (Other), #410 MOTION to Strike #409 Notice (Other) of Filing Response to Plaintiffs' Notice of Compliance with Court Order Notice of Conditional Withdrawal of Motion to Strike (Attachments: #1 Exhibit Proposed Reply to be Filed if Court grants leave, #2 Text of Proposed Order)(Gossett, Ronald)
May 23, 2013 Filing 410 MOTION to Strike #409 Notice (Other) of Filing Response to Plaintiffs' Notice of Compliance with Court Order by 20/20 Vision Clinic, LLP. Responses due by 6/10/2013 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
May 22, 2013 Filing 409 NOTICE by NCMIC and PSFS 3, NCMIC Finance Corporation re 408 Order on Motion for Leave to File, #406 Notice of Compliance Response (Rodriguez, Catherine)
May 17, 2013 Opinion or Order Filing 408 ORDER granting Defendants NCMIC Finance Corporation and PSFS 3 Corporation's Unopposed Motion for Leave to File Responsive Paper [DE-407]. Defendants may submit a response to Plaintiffs' Notice of Compliance [DE-406], not exceeding three pages, on or before May 22, 2013. Signed by Judge Patricia A. Seitz on 5/17/2013. (cm)
May 17, 2013 Filing 407 Unopposed MOTION for Leave to File Responsive Paper by NCMIC and PSFS 3. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
May 16, 2013 Filing 406 NOTICE of Compliance with Court Order Requiring Clarification by 20/20 Vision Clinic, LLP re #402 Order, (Gossett, Ronald)
May 7, 2013 Opinion or Order Filing 405 ORDER Granting #401 Motion to Withdraw as Attorney. Attorney Edward N. McConnell, Esq. and Edward N. McConnell, P.L.C. are hereby relieved of further responsibility as Defendants' Counsel in connection with this matter. Notice of Termination delivered by US Mail to Edward McConnell. The law firm of Katten Muchin, Rosenman, LLP and Filler Rodriguez, LLP will continue to represent the NCMIC Defendants in all matters related to this action. Signed by Judge Patricia A. Seitz on 5/7/2013. (gp)
May 7, 2013 Opinion or Order Filing 404 ORDER granting Plaintiffs' Motion for Enlargement of Time to Comply with Order Requiring Clarification [DE-403]. Plaintiffs shall comply with the Court's Order Requiring Clarification [DE-402] on or before May 17, 2013. Signed by Judge Kathleen M. Williams on behalf of Judge Patricia A. Seitz on 5/7/2013. (cm)
May 6, 2013 Filing 403 MOTION for Extension of Time to comply with court order DE 402 by Blauzvern plaintiffs re #402 Order, by 20/20 Vision Clinic, LLP. Responses due by 5/23/2013 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
May 2, 2013 Opinion or Order Filing 402 ORDER REQUIRING CLARIFICATION. On or before May 7, 2013, Plaintiffs shall provide the Court with a brief explanation, not to exceed five pages, of their position regarding whether this is a "paper case", limited to the alleged misrepresentations in the various versions of the Advertising Agreement, including Plaintiffs' reasoning in support of this position. Signed by Judge Patricia A. Seitz on 5/2/2013. (wc)
April 16, 2013 Filing 401 MOTION to Withdraw as Attorney by Edward N. McConnell. by NCMIC and PSFS 3. Responses due by 5/3/2013 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
April 9, 2013 Filing 400 NOTICE OF UNAVAILABILITY by Alan R. Heap, D.M.D., P.A., Stephen Allison, Michael Ancona, David Austin, Alan Baribeau, Sandra Barker, Mario Barrera, Lori Bende, John Blaisdell, Blaisdell Dental Center, P.A., Bethany Brenner, John Brown, Fred Buettner, Edward Busch, Francine Camporeale, James Carazola, Christopher Carroll, Gerry Casazza, Samuel Chandy, Tryphose Charles, DMD, Edward Chermol, Justin Chien, Christopher S. Carroll, D.D.S., P.C., Paul Clark, Fredrick Cloninger, Aaron Collins, Keith Colwell, Enrico Core, Joel David, Norman Dery, Kenneth Dobson, Edward B. Busch, DMD, PA, Neil Elliot, Michael Fernandez, George Flugrad, Freedman & Haas, PA, Terry Friedman, Dr. Kenneth Gallinger, Jay Gelman, Erick Gray, Laurence Grayhills, Emanuel Graziano, Fred Grimes, Vito Guario, Sharon Haas, Dirk Hagen, Philip Haiman, Mark Hamilton, Duey Handy, Gregory Hom, Bruce Hyatt, Thomas Jacka, Alfred Johnson, Sandford Kaufman, Keith A. Colwell, DDS, PC, Neelofar Khan, Jeffrey Klein, Daniel Mashoof, Lori Mazza, Dr. Kennth Mogell, Kenneth Mogell, Philippe Morisseau, Donald Newman, Richard Norman, Rafael Palanganas, Frank Paletta, Ross Palioca, Lisa Peters, Greg Pientka, Gilbert Principe, Kenneth Rasbornik, Richard M. Kernagis, D.M.D., P.A., Jeffrey Riso, David Rubin, Peter Scerbo, Raymond E Schwartz, Sanjeev Sharma, Eyad Shehadeh, Edward Sheinis, Dr. John Sherer, Barry Simon, Paul Skomsky, Dr. Ronald Smith, Wesley Smith, Steven Wigdor O.D., P.A., Elliott Stupp, Ronald Trevisani, Jeffrey Tweedy, Joel Vaccarezza, Terry Van Der Heyden, Chris Warford, William Wegrzyn, Steven Wigdor, Michael Williams, Wade Winker for dates of 5/2/2013-5/14/2013 (Charlip, David)
April 1, 2013 Filing 399 Plaintiff's MOTION for Hearing (Status Conference) by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
March 12, 2013 Opinion or Order Filing 398 ORDER Granting in part and Denying in part #396 Motion for for Default. Signed by Judge Patricia A. Seitz on 3/12/2013. (gp)
February 28, 2013 Filing 397 NOTICE of Attorney Appearance by Paul L. Orshan on behalf of Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, Jean Francois Vincens (Orshan, Paul)
February 28, 2013 Filing 396 MOTION for Sanctions of default against Brican group of defendants (business organizations only) for failing to comply with court order DE 395 by 20/20 Vision Clinic, LLP. (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
January 25, 2013 Opinion or Order Filing 395 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Patricia A. Seitz on 1/24/2013. (gp)
January 25, 2013 Opinion or Order Filing 394 ORDER Granting #391 Unopposed Motion to Withdraw as Attorney. Counsel must serve a copy of this Order on the Brican Defendants on or before February 1, 2013. No later than 2/21/2013, Defendants Brican America, lnc., Brican Financial Services, LLC, JJR lnvestments, LLC, Viso Lasik Medspas, LLC, Viso Lasik Medspas of Charlotte, LLC, and Viso Lasik Medspas of San Antonio, LLC shall retain new counsel, as business organizations may not proceed in litigation pro se, and new counsel shall file a notice of appearance with the Court. **See Order for further details** Signed by Judge Patricia A. Seitz on 1/24/2013. (gp)
January 14, 2013 Filing 393 RESPONSE to Motion re #391 MOTION to Withdraw as Attorney by Alan S. Fine. with no Objection filed by NCMIC and PSFS 3. Replies due by 1/25/2013. (Rodriguez, Catherine)
January 2, 2013 Filing 392 RESPONSE in Support re #391 MOTION to Withdraw as Attorney by Alan S. Fine. filed by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
December 31, 2012 Filing 391 MOTION to Withdraw as Attorney by Alan S. Fine. by Jean Francois Vincens. Responses due by 1/17/2013 (Fine, Alan)
December 6, 2012 Filing 390 Notice of Supplemental Authority re #337 Plaintiff's MOTION for Partial Summary Judgment by Dr. Peter Blauzvern (Attachments: #1 Appendix Copy of case cited in supplemental authority)(Gossett, Ronald)
November 16, 2012 Filing 389 MEMORANDUM in Support re #385 MOTION to Strike #383 Notice (Other), "Plaintiffs' Objection to Arguments made by NCMIC and the Brican America Group of Defendants...", #388 Response in Opposition to Motion, TO STRIKE PLAINTIFFS OBJECTION TO ARGUMENTS by NCMIC and PSFS 3. (Rodriguez, Catherine)
November 6, 2012 Filing 388 RESPONSE in Opposition re #385 MOTION to Strike #383 Notice (Other), "Plaintiffs' Objection to Arguments made by NCMIC and the Brican America Group of Defendants..." and Alternatively, Motion for Leave to File Objections filed by Dr. Peter Blauzvern. (Gossett, Ronald)
November 6, 2012 Filing 387 WITHDRAWAL of Motion Alternative Motion for Leave to File DE386 (Gossett, Ronald)
November 5, 2012 Filing 386 RESPONSE in Opposition re #385 MOTION to Strike #383 Notice (Other), "Plaintiffs' Objection to Arguments made by NCMIC and the Brican America Group of Defendants..." and Alternatively, Motion for Leave to File Objections filed by Dr. Peter Blauzvern. (Gossett, Ronald)
November 5, 2012 Filing 385 MOTION to Strike #383 Notice (Other), "Plaintiffs' Objection to Arguments made by NCMIC and the Brican America Group of Defendants..." by NCMIC and PSFS 3. Responses due by 11/23/2012 (Rodriguez, Catherine)
October 30, 2012 Filing 384 NOTICE of Compliance (filing of Sandra Ellzey deposition) by Dr. Peter Blauzvern re #380 Motion Hearing, (Attachments: #1 Transcripts of Sandra Ellzey (Vol. 1), #2 Transcripts of Sandra Ellzey (Vol. 2))(Gossett, Ronald)
October 30, 2012 Filing 383 NOTICE by Dr. Peter Blauzvern re #380 Motion Hearing, of Plaintiffs' objections to arguments made by NCMIC and Brican America group of defendants which are not supported by the record (Attachments: #1 Exhibit ND_100820, #2 Exhibit ND_103250, #3 Exhibit ND_100795, #4 Deposition of Jacques Lemacon)(Gossett, Ronald)
October 25, 2012 Filing 382 NOTICE of Compliance (Case Breakdown) by Steven Wigdor re #380 Motion Hearing, (Charlip, David)
October 24, 2012 Filing 381 NOTICE of Compliance (Citation to FTC v. Norvergence) by Dr. Peter Blauzvern re #380 Motion Hearing, (Gossett, Ronald)
October 17, 2012 Filing 379 TRANSCRIPT of Cross-Summary Judgement Motions held on 10-12-12 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-107 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@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 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/18/2013. (de)
October 15, 2012 Opinion or Order Filing 378 ORDER Denying as moot #374 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Signed by Judge Patricia A. Seitz on 10/15/2012. (gp)
October 12, 2012 Filing 380 Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 10/12/2012 re #341 MOTION for Summary Judgment filed by NCMIC and PSFS 3, #337 Plaintiff's MOTION for Partial Summary Judgment filed by 20/20 Vision Clinic, LLP, #339 Supplemental MOTION for Summary Judgment by Widgdor Plaintiff's filed by Steven Wigdor. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw)
October 12, 2012 Filing 377 NOTICE of Compliance by NCMIC and PSFS 3 re 373 Endorsed Order,,,,,,,,,,,, (Attachments: #1 Exhibit Chart 1, #2 Exhibit Chart 2)(Rodriguez, Catherine)
October 12, 2012 Filing 376 NOTICE of Compliance by Dr. Peter Blauzvern re 373 Endorsed Order,,,,,,,,,,,, (Attachments: #1 Exhibit 1, spreadsheet of information, #2 Exhibit 2. Chart of changes in cancellation clause)(Gossett, Ronald)
October 11, 2012 Opinion or Order Filing 375 ORDER Granting #371 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 10/10/2012. (gp)
October 11, 2012 Opinion or Order Filing 373 Endorsed Order/Notice to All Parties Concerning October 11, 2012 Hearing THIS MATTER is before the Court on the Parties Cross-Motions for Summary Judgment on the Jugular Issue [DE-337, 339, 341], which are scheduled for oral argument tomorrow at 2:00 P.M. In order to facilitate the most efficient use of counsels time at the hearing, it is ORDERED that:1.The Parties shall prepare a monthly chronology showing the number of NCMIC-financed sales, beginning July 2006 and ending April 2010.2.Based on a review of the record, there are eight versions of the advertising/marketing agreement between Brican and Plaintiffs and two versions of the equipment lease agreement a one-column version listing Brican America, Inc. as the lessor and a three-column version listing Professional Solutions Financial Services as the lessor. In order to allow the Court to better understand the interplay between these various agreements in the context of the particular transactions in this case, the Parties shall prepare a summary explaining (1) when the various versions of the advertising/marketing agreements were used throughout the vendor-based relationship between Brican and NCMIC; (2) when the various versions of the lease application were used throughout the vendor-based relationship between Brican and NCMIC; and (3) to the extent that is practicable, an explanation of the reasons for the changes in the advertising/marketing agreements and the equipment lease agreements in the course of Brican and NCMICs vendor-based relationship. 3.The Parties shall provide an explanation for the increase in the price of Bricans information display system on January 1, 2006. 4.The Parties shall identify the precise issues of material fact regarding whether Bricans sales representatives acted as NCMICs agents in connection with the sales presentations of Bricans information display system to Plaintiffs. Specifically, each side shall identify particular undisputed facts to support its respective position of either proving or disproving NCMICs apparent agency. 5.The Parties shall address the legal consequence of the fact that NCMIC was on notice that the lease agreements could be cancelled by Plaintiffs, as evidenced in the letter from Fred Scott that was attached to an email dated June 19, 2005 prepared by Fred Scott. 6.The Parties shall address the legal consequence of the email dated July 23, 2008 from Jack Lemacon to Todd Cook, indicating that Brican America, Inc. was entering into advertising/marketing agreements with its customers, as well as the July 21, 2008 email from Jean Thompson to Todd Cook, indicating that Recomm, a company founded by Jean-Francois Vincens, was accused of running a Ponzi scheme in the 1990s, involving the use of a combination of similar financing and advertising/marketing agreements. 7.The Parties may address any remaining issues raised in their cross-motions for summary judgment.DONE and ORDERED in Miami, Florida, this 11th day of October, 2012.Signed by Judge Patricia A. Seitz on 10/11/2012. (cm)
October 9, 2012 Filing 374 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Philip A. Nemecek. (gp)
October 8, 2012 Filing 370 Notification of Ninety Days Expiring by Dr. Peter Blauzvern re #294 MOTION for Sanctions (witness tampering) filed by 20/20 Vision Clinic, LLP, #290 MOTION for Sanctions re paper file filed by 20/20 Vision Clinic, LLP, #284 MOTION for Sanctions (Discovery Abuse regarding Rule 30(b)(6) deposition of NCMIC filed by 20/20 Vision Clinic, LLP (Gossett, Ronald)
October 5, 2012 Filing 372 Clerk's Notice of Filing Deficiency Re: #371 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Philip A. Nemecek. Filing Fee $ 75.00. Receipt # 46528. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (gp)
October 5, 2012 Filing 371 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Philip A. Nemecek. Filing Fee $ 75.00. Receipt # 46528. (gp)
October 2, 2012 Filing 369 RESPONSE to Motion re #368 MOTION to Strike the Wigdor Supplemental Statement of Facts [DE 367] re #367 Statement, of Material Facts and Corresponding Arguments in their Reply filed by Steven Wigdor. Replies due by 10/12/2012. (Charlip, David)
September 25, 2012 Filing 368 MOTION to Strike the Wigdor Supplemental Statement of Facts [DE 367] re #367 Statement, by NCMIC and PSFS 3. (Rodriguez, Catherine)
September 10, 2012 Filing 367 Statement of: Material Facts Pertaining to MCMIC aqnd PSFS3's Response to Plaintiff's Motion for Summary Judgment by Steven Wigdor re #340 Statement,,, (Attachments: #1 Exhibit Deposition of NCMIC's Corporate Representative Part 1, #2 Exhibit Deposition of NCMIC's Corporate Representative Part 2)(Charlip, David)
September 7, 2012 Filing 366 Statement of: Supplement to Wigdor Plaintiffs Statement of Material Facts re NCMIC Opposition to MSJ by Steven Wigdor re #340 Statement,,, (Charlip, David)
September 7, 2012 Filing 365 REPLY to Response to Motion re #339 Supplemental MOTION for Summary Judgment by Widgdor Plaintiff's Reply to NCMIC and PSFS3's Opposition to Plaintiff's Moption for Summary Judgment ast to Judgular Issues filed by Steven Wigdor. (Charlip, David)
September 7, 2012 Filing 364 REPLY to Response to Motion re #344 MOTION for Partial Summary Judgment Statement of Material Facts, #339 Supplemental MOTION for Summary Judgment by Widgdor Plaintiff's filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
September 7, 2012 Filing 363 RESPONSE in Support re #337 Plaintiff's MOTION for Partial Summary Judgment filed by Dr. Peter Blauzvern. (Gossett, Ronald)
August 31, 2012 Opinion or Order Filing 362 ORDER granting Plaintiffs' Unopposed Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment [DE-361]. Plaintiffs shall file their reply on or before September 7, 2012. Signed by Judge Patricia A. Seitz on 8/31/2012. (cm00)
August 30, 2012 Filing 361 MOTION for Extension of Time to file rely brief on same date as reply brief is due from NCMIC and PSFS 3 re #358 Unopposed MOTION for Extension of Time to File Response/Reply by Dr. Peter Blauzvern. Responses due by 9/17/2012 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
August 29, 2012 Opinion or Order Filing 360 ORDER Granting #358 Motion for Extension of Time to File Response/Reply re #337 Plaintiff's MOTION for Partial Summary Judgment , #341 MOTION for Summary Judgment Responses due by 9/7/2012 Signed by Judge Patricia A. Seitz on 8/29/2012. (gp)
August 29, 2012 Filing 359 WITHDRAWAL of Motion re #334 MOTION for Partial Summary Judgment and Supporting Memoradum filed by Jack Lemacon, Jean Francois Vincens (Fine, Alan)
August 24, 2012 Filing 358 Unopposed MOTION for Extension of Time to File Response/Reply by NCMIC and PSFS 3. (Attachments: #1 Exhibit)(Rodriguez, Catherine)
August 23, 2012 Opinion or Order Filing 357 ORDER Denying #353 Unopposed Amended Motion for Leave to File Excess Pages. Signed by Judge Patricia A. Seitz on 8/22/2012. (gp)
August 21, 2012 Filing 356 RESPONSE by NCMIC and PSFS 3 to #344 Plaintiff's Statement of Material Facts (Rodriguez, Catherine) -Modified text on 9/18/2012 (gp)-.
August 21, 2012 Filing 355 RESPONSE in Opposition re #337 Plaintiff's MOTION for Partial Summary Judgment filed by NCMIC and PSFS 3. (Attachments: #1 Exhibit Letter)(Rodriguez, Catherine)
August 21, 2012 Opinion or Order Filing 354 ORDER Granting #347 Motion for Leave to File Excess Pages Signed by Judge Patricia A. Seitz on 8/21/2012. (gp)
August 20, 2012 Filing 353 Amended MOTION for Leave to File Excess Pages by NCMIC Finance Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Rodriguez, Catherine)
August 20, 2012 Filing 352 RESPONSE to Motion re #344 Plaintiffs' STATEMENT of Material Facts in Support of their #337 MOTION for Partial Summary Judgment filed by NCMIC and PSFS 3. Replies due by 8/30/2012. (Rodriguez, Catherine) -Modified relationship on 9/18/2012 (gp)-.
August 20, 2012 Filing 351 Statement of: of Material Facts in Opposition to MSJ filed by NCMIC and PSFS 3 by Dr. Peter Blauzvern re #342 Statement, (Attachments: #1 Exhibit BD_023539-40, #2 Exhibit Plaintiffs' exemplar answer to interrogatories)(Gossett, Ronald)
August 20, 2012 Filing 350 RESPONSE in Opposition re #341 MOTION for Summary Judgment filed by NCMIC and PSFS 3 filed by Dr. Peter Blauzvern. (Gossett, Ronald)
August 19, 2012 Filing 349 Statement of: Disputed Material Facts by Dr. Peter Blauzvern re #335 Statement, (Attachments: #1 Deposition of Sandra Ellzey)(Gossett, Ronald)
August 19, 2012 Filing 348 RESPONSE in Opposition re #334 MOTION for Partial Summary Judgment and Supporting Memoradum filed by Dr. Peter Blauzvern. (Gossett, Ronald)
August 17, 2012 Filing 347 Unopposed MOTION for Leave to File Excess Pages by NCMIC and PSFS 3. (Attachments: #1 Exhibit)(Rodriguez, Catherine)
August 14, 2012 Opinion or Order Filing 346 ORDER Granting in part #345 Motion for Extension of Time to File Response/Reply re #334 MOTION for Partial Summary Judgment and Supporting Memoradum Responses due by 8/20/2012 Signed by Judge Kathleen M. Williams for Judge Patricia A. Seitz on 8/14/2012. (gp)
August 13, 2012 Filing 345 Unopposed MOTION for Extension of Time to File Response/Reply as to #334 MOTION for Partial Summary Judgment and Supporting Memoradum by Dr. Peter Blauzvern. (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
August 12, 2012 Filing 344 Plaintiffs' STATEMENT of Material Facts in Support of their #337 MOTION for Partial Summary Judgment by Dr. Peter Blauzvern. Responses due by 8/30/2012 (Attachments: #1 Exhibit 41 BD_017091, #2 Exhibit 42 BD_017098, #3 Exhibit 43 BD_229180, #4 Exhibit 44 BR_000004-5, #5 Exhibit Cancellation Letters, #6 Deposition Artino, #7 Deposition Barbieri, #8 Deposition Barkley, #9 Deposition Blauzvern, #10 Deposition Caponera, #11 Deposition DelCastillo, #12 Exhibit 2 to DelCastillo, #13 Exhibit 53 Deposition of DelCastillo, Ex. 8, p. WP_[DELCA]00000024, #14 Exhibit 54 Deposition of DelCastillo, Ex. 8, p. WP_[DELCA]00000039, #15 Exhibit 55 Deposition of DelCastillo, Ex. 8, p. WP_[DELCA]00000049, #16 Exhibit 56 Deposition of DelCastillo, Ex. 8, p. WP_[DELCA]00000055-58, #17 Exhibit 57 Deposition of DelCastillo, Ex. 8, p. WP_[DELCA]00000091, #18 Deposition Elias, #19 Deposition Elliot, #20 Deposition Ferrer, #21 Deposition Harwood, #22 Deposition Johnson, #23 Deposition Kayali, #24 Deposition Khoshnevis, #25 Deposition Korpan, #26 Deposition Margolies, #27 Deposition Nankey, #28 Exhibit 68 Deposition of Nankey, Ex. 2, #29 Exhibit Deposition of Nankey, Ex. 3, #30 Deposition Newman, #31 Deposition Patel, #32 Deposition Pyun, #33 Deposition Simon, #34 Deposition Yanni, #35 Exhibit 75 Deposition of Yanni, Ex. 6, #36 Exhibit 76 DS 0001, part 1, #37 Exhibit 76 DS 0001, part 2, #38 Exhibit 77 DS 0124, part 1, #39 Exhibit 77 DS 0124, part 2, #40 Exhibit 78 NCMICs answers to interrogatories served by Plaintiffs, 9, #41 Exhibit 79 ND_028413, #42 Exhibit 80 ND_028421, #43 Exhibit 81 ND_033380-81, #44 Exhibit 82 ND_052642, #45 Exhibit 83 ND_100585, #46 Exhibit 84 ND_100887-92, #47 Exhibit 85 ND_111341, #48 Exhibit 86 ND_111380, #49 Exhibit 87 ND_111391, #50 Exhibit 88 ND_111410, #51 Exhibit 89 ND_111430, #52 Exhibit 90 ND_111434, #53 Exhibit 91 ND_111442, #54 Exhibit 92 OPA 0001, part 1, #55 Exhibit 92 OPA 0001, part 2, #56 Exhibit 93 OPA 0087, #57 Exhibit 94 OPA 0088, #58 Exhibit 95 OPA 0089, #59 Exhibit 96 Scott Depo. Ex. 1, p. 27)(Gossett, Ronald) -Modified text on 9/18/2012 (gp).
August 3, 2012 Opinion or Order Filing 343 ORDER granting #338 Motion for Leave to File Excess Pages. Plaintiffs are allowed 42 pages for their Statement of Facts. Signed by Judge Patricia A. Seitz on 8/3/2012. (ehn)
July 27, 2012 Filing 342 Statement of: Material Facts by NCMIC and PSFS 3 re #341 MOTION for Summary Judgment (Attachments: #1 Affidavit Greg Cole, #2 Exhibit Lease, #3 Exhibit Lease, #4 Exhibit Marketing Agreements)(Rodriguez, Catherine)
July 27, 2012 Filing 341 MOTION for Summary Judgment by NCMIC and PSFS 3. Responses due by 8/13/2012 (Rodriguez, Catherine)
July 27, 2012 Filing 340 Statement of: (Revised) Material Facts in Support of Supplement to Plaintiff's Motion for Summary Judgment as to Jugular Issues by Steven Wigdor re #339 Supplemental MOTION for Summary Judgment by Widgdor Plaintiff's (Attachments: #1 Exhibit Exh A Deposition of Donald Newman, #2 Exhibit Exh B Deposition of Neil Elliott, #3 Exhibit Exh C Deposition of Sharon Haas, #4 Exhibit Exh D Deposition of Barry Simon, #5 Exhibit Exh E Deposition of Daniel Delcastillo, #6 Exhibit Exh F Deposition of Steven Parkins, #7 Exhibit Exh G Deposition of Jean Francois Vincens, #8 Exhibit Exh H Deposition of Jean Francois Vincens Vol. II, #9 Exhibit Exh I Deposition of Fred Scott, #10 Exhibit Exh J Deposition of Gregory Cole)(Charlip, David)
July 27, 2012 Filing 339 Supplemental MOTION for Summary Judgment by Widgdor Plaintiff's by Steven Wigdor. Responses due by 8/13/2012 (Charlip, David)
July 27, 2012 Filing 338 Plaintiff's MOTION for Leave to File Excess Pages (Statement of Material Facts) by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix Proposed Statement of Material Facts without exhibits, #2 Text of Proposed Order)(Gossett, Ronald)
July 27, 2012 Filing 337 Plaintiff's MOTION for Partial Summary Judgment by 20/20 Vision Clinic, LLP. Responses due by 8/13/2012 (Gossett, Ronald)
July 27, 2012 Filing 336 Statement of: Material Facts in Support of Supplement to Blauzvern Plaintiffs' Motion for Summary Judgment as to Jugular Issues by Steven Wigdor re #326 Order, Set/Reset Deadlines/Hearings, Terminate Motions, Terminate Hearings (Attachments: #1 Exhibit Exh A Deposition of Donald Newman, #2 Exhibit Exh B Deposition of Neil Elliott, #3 Exhibit Exh C Deposition of Sharon Haas, #4 Exhibit Exh D Deposition of Dr. Barry Simon, #5 Exhibit Exh E Deposition of Daniel Delcastillo, #6 Exhibit Exh F Deposition of Steven Parkins, #7 Exhibit Exh G Deposition of Jean Francois Vincens, #8 Exhibit Exh H Deposition of Jean Francois Vincens Vol. II, #9 Exhibit Exh I Deposition of Fred Scott, #10 Exhibit Exh J Deposition of Gregory Cole)(Charlip, David)
July 27, 2012 Filing 335 Statement of: Material Facts in Support of Their Motion for Partial Summary Judgment by Jack Lemacon, Jean Francois Vincens re #325 Notice (Other), #334 MOTION for Partial Summary Judgment and Supporting Memoradum (Fine, Alan)
July 27, 2012 Filing 334 MOTION for Partial Summary Judgment and Supporting Memoradum by Jack Lemacon, Jean Francois Vincens. Responses due by 8/13/2012 (Fine, Alan)
July 20, 2012 Filing 333 NOTICE requesting that Allen Matkins Leck Gamble Mallory & Natsis LLP ("Allen Matkins") be removed from the service list for De Lage Landen Financial Services Inc (gp)
July 11, 2012 Opinion or Order Filing 332 ORDER granting #331 Motion for Extension of Time. Cross motions for summary judgment due on July 27, 2012, responses due on August 20, 2012, and any replies due on August 30, 2012. Signed by Judge Patricia A. Seitz on 7/11/2012. (ehn)
July 10, 2012 Filing 331 Unopposed MOTION for Extension of Time to file initial and subsequent briefs on Jugular Issue re #326 Order, Set/Reset Deadlines/Hearings, Terminate Motions, Terminate Hearings by 20/20 Vision Clinic, LLP. Responses due by 7/27/2012 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
June 28, 2012 Filing 330 NOTICE by Michael Gallagher of Removal as Attorney of Record (Spector, David)
June 26, 2012 Opinion or Order Filing 329 ORDER VACATING HEARING Scheduled for June 29, 2012 Consistent with the Court's June 19, 2012 #326 ORDER MODIFYING CASE MANAGEMENT PLAN. Signed by Judge Patricia A. Seitz on 6/26/2012. (gp) -Modified text on 6/26/2012 (gp)-.
June 20, 2012 Filing 328 NOTICE by 20/20 Vision Clinic, LLP re #326 Order, Set/Reset Deadlines/Hearings, Terminate Motions, Terminate Hearings that hearing for June 29, 2012, at 8:30 a.m., not necessary (Gossett, Ronald)
June 19, 2012 Opinion or Order Filing 327 ORDER denying as moot #322 Motion for Extension of Time. Signed by Judge Patricia A. Seitz on 6/19/2012. (ehn)
June 19, 2012 Opinion or Order Filing 326 ORDER MODIFYING CASE MANAGEMENT PLAN Signed by Judge Patricia A. Seitz on 6/19/2012. (see order for details) (dgj)
June 19, 2012 Filing 325 NOTICE by Jack Lemacon, Jean Francois Vincens of Filing Declaration (Attachments: #1 Affidavit)(Fine, Alan)
June 19, 2012 Filing 324 Statement of: Material Facts in Support of Motion for Partial Summary Judgment by Jacques Lemacon, Jean Francois Vincens (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Fine, Alan)
June 19, 2012 Filing 323 MOTION for Partial Summary Judgment and Supporting Memorandum by Jacques Lemacon, Jean Francois Vincens. Responses due by 7/6/2012 (Fine, Alan)
June 15, 2012 Filing 322 MOTION for Extension of Time to File Motion for Summary Judgment by Jack Lemacon, Jean Francois Vincens. Responses due by 7/2/2012 (Attachments: #1 Text of Proposed Order)(Fine, Alan)
June 15, 2012 Filing 321 Statement of: Material Facts In Support of Motion for Sumamry Judgment by NCMIC and PSFS 3 re #320 MOTION for Summary Judgment ON PLAINTIFFS' NEGLIGENT MISREPRESENTATION AND FDUTPA CLAIMS (Rodriguez, Catherine)
June 15, 2012 Filing 320 MOTION for Summary Judgment ON PLAINTIFFS' NEGLIGENT MISREPRESENTATION AND FDUTPA CLAIMS by NCMIC and PSFS 3. Responses due by 7/2/2012 (Attachments: #1 Exhibit Exhibit 1)(Rodriguez, Catherine)
June 1, 2012 Filing 319 REPLY to Response to Motion re #312 Plaintiff's MOTION to Strike #308 Response in Opposition to Motion Affidavit of Barbara Schreibman filed with Response at DE 308-1 filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gossett, Ronald)
June 1, 2012 Filing 318 Joint MOTION for Hearing re #279 Order Setting Hearing on Motion, Proposed Status Conference by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix (Proposed Agenda for Proposed Status Conference))(Gossett, Ronald)
May 29, 2012 Filing 317 RESPONSE in Opposition re #312 Plaintiff's MOTION to Strike #308 Response in Opposition to Motion Affidavit of Barbara Schreibman filed with Response at DE 308-1 filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
May 29, 2012 Filing 316 NOTICE of Attorney Appearance by Robert L. Switkes on behalf of Dr. Zalman Bacheikov (Switkes, Robert)
May 29, 2012 Filing 315 NOTICE of Change of Address by Joshua Michael Entin (Entin, Joshua)
May 18, 2012 Opinion or Order Filing 314 ORDER VACATING #285 Order on Motion to Certify Class/to Show Cause, and #299 Order on Motion to Continue Show Cause Hearing. re: #313 Notice (Other)/Response to the Show Cause Order filed by Michael Gallagher. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 5/18/2012. (gp)
May 14, 2012 Filing 313 NOTICE by Michael Gallagher re #286 Notice of Compliance, Supplemental Response to the Show Cause Order and Proffer for the May 21, 2012 Show Cause Hearing (Spector, David)
May 9, 2012 Filing 312 Plaintiff's MOTION to Strike #308 Response in Opposition to Motion Affidavit of Barbara Schreibman filed with Response at DE 308-1 by 20/20 Vision Clinic, LLP. Responses due by 5/29/2012 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
May 4, 2012 Filing 311 REPLY to Response to Motion re #294 MOTION for Sanctions (witness tampering) filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit 43, #2 Exhibit 44, #3 Exhibit 45, #4 Exhibit 46, #5 Exhibit 47)(Gossett, Ronald)
April 27, 2012 Filing 310 REPLY to Response to Motion re #290 MOTION for Sanctions re paper file filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit 19 Quick depo, #2 Exhibit 34 Transcript of Status Conference, #3 Exhibit 35 reformatted Motion for Sanctions (Rule 30b6 depo), #4 Exhibit 36 reformatted Motion for Sanctions (Paper files), #5 Exhibit 37 reformatted Motion for Sanctions (witness tampering), #6 Exhibit 38 NCMIC's Rule 26 disclosures, #7 Exhibit 39 Quick email, #8 Exhibit 40 NCMIC Answers to Interrogatories, #9 Exhibit 41 NCMIC response to request to produce, #10 Exhibit 42 Blauzvern depo)(Gossett, Ronald)
April 27, 2012 Filing 309 NOTICE by NCMIC and PSFS 3 re #308 Response in Opposition to Motion for Sanctions (Attachments: #1 Exhibit)(Rodriguez, Catherine)
April 26, 2012 Filing 308 RESPONSE in Opposition re #294 MOTION for Sanctions (witness tampering) filed by NCMIC and PSFS 3. (Attachments: #1 Exhibit, #2 Exhibit)(Rodriguez, Catherine)
April 20, 2012 Filing 307 RESPONSE in Opposition re #287 MOTION for clarification #280 Order on Motion to Compel, and to Amend Reply to Opposition to Objections filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
April 20, 2012 Filing 306 REPLY to Response to Motion re #284 MOTION for Sanctions (Discovery Abuse regarding Rule 30(b)(6) deposition of NCMIC filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit 34 (Transcript of Status Conference))(Gossett, Ronald)
April 19, 2012 Filing 305 RESPONSE in Opposition re #290 MOTION for Sanctions re paper file Including Striking of Pleadings Against NCMIC Finance filed by NCMIC and PSFS 3. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Rodriguez, Catherine)
April 13, 2012 Filing 304 RESPONSE in Opposition re #284 MOTION for Sanctions (Discovery Abuse regarding Rule 30(b)(6) deposition of NCMIC Including Striking of Pleadings filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
April 13, 2012 Set/Reset Deadlines/Hearings : Motion for Summary Judgment on negligent misrepresentation and FDUPTA due by 6/16/2012. See Order at DE #303 . (gp)
April 13, 2012 Opinion or Order Filing 303 ORDER Granting #302 Motion for Extension of Time. Defendants have until June 16, 2012, to file the motion for summary judgment on negligent misrepresentation and FDUPTA claims. Signed by Judge Patricia A. Seitz on 4/12/2012. (gp)
April 11, 2012 Filing 302 Unopposed MOTION for Extension of Time to file Motion for Summary Judgment re #273 Order on Motion for Extension of Time, by NCMIC and PSFS 3. Responses due by 4/30/2012 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
April 11, 2012 Filing 301 NOTICE of Compliance with court order requiring Joint Report by 20/20 Vision Clinic, LLP re #285 Order on Motion to Certify Class,, (Attachments: #1 Appendix (copy of trial order in another MDL in the S.D.Fla.))(Gossett, Ronald)
April 10, 2012 Filing 300 RESPONSE in Opposition re #287 MOTION for clarification #280 Order on Motion to Compel, and to Amend (Objection to Order DE 291) filed by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
April 10, 2012 Set/Reset Deadlines/Hearings per #299 Order. Show Cause Hearing set for 5/21/2012 08:30 AM in Miami Division before Judge Patricia A. Seitz. (gp)
April 10, 2012 Opinion or Order Filing 299 ORDER Granting #296 Unopposed Motion to Continue Show Cause Hearing. The Show Cause Hearing shall be continued until 8:30 am on May 21, 2012 . Signed by Judge Patricia A. Seitz on 4/10/2012. (gp)
April 10, 2012 Opinion or Order Filing 298 ORDER Granting #297 Motion for Additional Time to Comply with Proposal Requirement of DE #285 . The parties shall file their proposal as directed in said order by April 11, 2012. Signed by Judge Patricia A. Seitz on 4/10/2012. (gp)
April 9, 2012 Filing 297 Joint MOTION for Extension of Time to file proposal on how to proceed re #285 Order on Motion to Certify Class,, by 20/20 Vision Clinic, LLP. Responses due by 4/26/2012 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
April 9, 2012 Filing 296 Unopposed MOTION to Continue Show Cause Hearing by Michael Gallagher. Responses due by 4/26/2012 (Attachments: #1 Text of Proposed Order)(Spector, David)
April 9, 2012 Filing 295 NOTICE of Attorney Appearance by David Ira Spector on behalf of Michael Gallagher (Spector, David)
April 9, 2012 Filing 294 MOTION for Sanctions (witness tampering) by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit 17 Depo of Scott, #2 Exhibit 22 Depo of Cole, #3 Exhibit 27 Letter from Katten law firm, #4 Exhibit 30 email from Cole to Wells Fargo, #5 Exhibit 31 email from Cole to Wells Fargo, #6 Exhibit 32 Scott depo exhibit 3, #7 Exhibit 33 email from Cook's personnel file)(Gossett, Ronald)
April 5, 2012 Filing 293 REPLY to Response to Motion re #288 Corrected MOTION for clarification #280 Order on Motion to Compel, and to Amend filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
April 3, 2012 Opinion or Order Filing 292 ORDER SCHEDULING SHOW CAUSE HEARING - Show Cause Hearing set for 4/25/2012 08:30 AM before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 4/2/2012. (gp)
April 2, 2012 Filing 291 NOTICE by NCMIC and PSFS 3 re #280 Order on Motion to Compel, Objections to Order (Rodriguez, Catherine)
April 2, 2012 Filing 290 MOTION for Sanctions re paper file by 20/20 Vision Clinic, LLP. (Attachments: #1 Exhibit 16 (document retention policy), #2 Exhibit 17 Scott Depo, #3 Exhibit 18 Henningsen Depo, #4 Exhibit 20 Barkley Depo, #5 Exhibit 21 Cook Depo, #6 Exhibit 23 Vincens Depo, #7 Exhibit 24 Artino Depo, #8 Exhibit 26 Thompson prior suit Depo, #9 Exhibit 27 NCMIC Response, #10 Exhibit 28 email from Ehlers, #11 Exhibit 29 Ex. 3 from Henningsen Depo)(Gossett, Ronald)
March 30, 2012 Filing 289 RESPONSE in Opposition re #288 Corrected MOTION for clarification #280 Order on Motion to Compel, and to Amend filed by 20/20 Vision Clinic, LLP. (Gossett, Ronald)
March 30, 2012 Filing 288 Corrected MOTION for clarification #280 Order on Motion to Compel, and to Amend by NCMIC and PSFS 3. Responses due by 4/16/2012 (Attachments: #1 Affidavit Affidavit of Michael Gallagher, #2 Affidavit Affidavit of Carl Nisbett, #3 Transcripts Transcript of 3/22/12 Status Conference)(Rodriguez, Catherine)
March 30, 2012 Filing 287 MOTION for clarification #280 Order on Motion to Compel, and to Amend by NCMIC and PSFS 3. Responses due by 4/16/2012 (Attachments: #1 Affidavit Michael Gallagher, #2 Affidavit Carl Nisbett, #3 Transcripts March 22, 2012 Status Conference)(Rodriguez, Catherine)
March 30, 2012 Filing 286 NOTICE of Compliance Order 285 requirements by NCMIC and PSFS 3 re #285 Order on Motion to Certify Class,, (Attachments: #1 Affidavit Michael Gallagher, #2 Affidavit Catherine Rodriguez, #3 Affidavit Catherine Rodriguez, #4 Affidavit Carl Nisbett, #5 Transcripts March 22, 2012 Status)(Rodriguez, Catherine)
March 29, 2012 Opinion or Order Filing 285 ORDER Denying #226 Motion to Certify Class ; Granting Counsels' Oral Motion to Continue the appointments of Lead and Liaison counsel. The Court hereby continues the appointment of Catherine Rodriguez, Esq. as Liaison Counsel for Defendants and Ronald P. Gossett, Esq. as Lead Counsel for the Plaintiffs. Such appointments shall continue until December 31, 2012.Counsel for NCMIC, Michael F. Gallagher, shall show cause in writing by April 2, 2012, why the Court should not revoke his pro hac vice admission and permanently bar him from ever appearing before the District Courts of the Southern District of Florida for his transgressions. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 3/28/2012. (gp)
March 27, 2012 Filing 284 MOTION for Sanctions (Discovery Abuse regarding Rule 30(b)(6) deposition of NCMIC by 20/20 Vision Clinic, LLP. (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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15 NCMIC Depo, #16 Exhibit 16, #17 Exhibit 17 Scott Depo, #18 Exhibit 18 Henningsen, #19 Exhibit 20 Barkley Depo, #20 Exhibit 21 Cook Depo, #21 Exhibit 22 Cole Depo, #22 Exhibit 23 Vincens Depo, #23 Exhibit 24 Artino Depo, #24 Exhibit 25 Thompson Depo, #25 Exhibit 27 NCMIC Response)(Gossett, Ronald)
March 26, 2012 Opinion or Order Filing 282 ENDORSED ORDER re: Plaintiffs' Motion for Sanctions Against NCMIC Finance Corporation. On March 23, 2012, Plaintiffs emailed their Motion for Sanctions Against NCMIC related to the 30(b)(6) depositions to the e-file box of the undersigned Magistrate Judge. However, the Plaintiffs have not filed that Motion into the record via CM/ECF. Although the Motion arises from purported discovery violations, given that the Motion seeks sanctions including striking NCMIC's pleadings, the Motion is not suited for an informal discovery conference, but rather should be filed on the record as a Motion. Upon the Plaintiffs filing of the Motion for Sanctions via CM/ECF, the NCMIC Defendants shall timely respond to the Motion in compliance with the Local Rules for the Southern District of Florida. Signed by Magistrate Judge Andrea M. Simonton on 3/26/2012. (par)
March 23, 2012 Filing 281 TRANSCRIPT of Discovery Conference Hearing held on 1/11/12 before Magistrate Judge Andrea M. Simonton, 1-79 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. 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 4/16/2012. Redacted Transcript Deadline set for 4/26/2012. Release of Transcript Restriction set for 6/25/2012. (Attachments: #1 Designation Access Form)(hh)
March 22, 2012 Filing 283 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 3/22/2012. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov (lw) Modified text, filed date, hearing date on 3/28/2012 (dgj).
March 21, 2012 Opinion or Order Filing 280 ORDER granting #260 Plaintiffs' Motion to Compel Discovery (Cole's Personnel File) Related to Plaintiffs' First Request for Production of Documents to NCMIC dated November 16, 2011. Signed by Magistrate Judge Andrea M. Simonton on 3/21/2012. (par)
March 20, 2012 Filing 279 NOTICE TO ALL PARTIES CONCERNING STATUS CONFERENCE; A hearing on all pending motions for summary judgment is set for 6/29/2012 08:30 AM in Miami Division before Judge Patricia A. Seitz. re: #223 MOTION for Summary Judgment. Signed by Judge Patricia A. Seitz on 3/20/2012. (gp)
March 20, 2012 Opinion or Order Filing 278 ENDORSED ORDER granting #252 Third-Party Defendants' Verified Motion for Extension of Time to Respond to Request for Admissions. The Third-Party Defendants have filed a Motion seeking an extension of time until February 6, 2012 to respond to the Third-Party Plaintiffs' Request for Admissions. The Third-Party Plaintiffs have not filed a Response to the Motion and the time for doing so has elapsed. Therefore, the Motion for Extension of Time is GRANTED, nunc pro tunc. The Third Party Defendants' responses to the Third-Party Plaintiffs' Requests for Admissions shall be served on or before February 6, 2012. Signed by Magistrate Judge Andrea M. Simonton on 3/20/2012. (par)
March 20, 2012 Opinion or Order Filing 277 ENDORSED ORDER granting #254 Third Party Defendants Charles Smurthwaite, Ebenezer Johnson, Frantz Backer, Reza Birjandi, Steve Aivazian, Paul Wesling, Richard Boerner, and J. Foster Weems' Motion for Extension of Time to Respond to Interrogatories, Request for Admissions and Request for Production. Third Party Defendants have filed the instant Motion requesting that they be granted until February 10, 2012 in which to respond to the Third-Party Plaintiffs' discovery requests. The Motion indicates that Counsel for the propounding Party does not object to the extension of time. Accordingly, the Motion is GRANTED, nunc pro tunc. The Third Party Defendants' responses to the Third-Party Plaintiffs' Interrogatories, Request for Admissions and Request for Production shall be served on or before February 10, 2012. Signed by Magistrate Judge Andrea M. Simonton on 3/20/2012.(par)
March 16, 2012 Filing 276 NOTICE by 20/20 Vision Clinic, LLP re #275 Notice (Other) of filing amended joint proposed agenda for status conference of March 22, 2012 (Gossett, Ronald)
March 16, 2012 Filing 275 NOTICE by 20/20 Vision Clinic, LLP of filing joint proposed agenda for status conference of March 22, 2012 (Gossett, Ronald)
March 12, 2012 Opinion or Order Filing 274 ORDER Granting #271 Motion for Leave to File Excess Pages. Plaintiff is granted leave to file a motion that does not exceed forty (40) pages in length. Signed by Judge Patricia A. Seitz on 3/12/2012. (gp)
March 5, 2012 Set/Reset Deadlines/Hearings : Motions for summary judgment on the Negligent Misrepresentation and FDUTPA claims due by 4/16/2012. Per #273 Order (gp)
March 5, 2012 Opinion or Order Filing 273 ORDER Granting #270 Motion for Extension of Time to File Motion for Summary Judgment on Negligent Misrepresentation and FDUTPA Claims. Defendants NICMIC and PSFS 3 shall have until April 16, 2012, to file motions for summary judgment. Signed by Judge Patricia A. Seitz on 3/5/2012. (gp)
March 5, 2012 Set/Reset Deadlines/Hearings: Discovery cut-off is hereby extended to 4/1/2012. Per #272 Order (gp)
March 5, 2012 Opinion or Order Filing 272 ORDER Granting #269 Motion for Extension of Time to Complete Discovery. Discovery cut-off is hereby extended to April 1, 2012. Signed by Judge Patricia A. Seitz on 3/5/2012. (gp)
March 5, 2012 Filing 271 Plaintiff's MOTION for Leave to File Excess Pages (motion in limine and for sanctions)(exhibits not included) by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix (Proposed motion and memorandum of law in excess of 20 pages), #2 Text of Proposed Order)(Gossett, Ronald)
March 2, 2012 Filing 270 Unopposed MOTION for Extension of Time to file Motion for Summary Judgment as to Negligent Misrepresentation and FDUPTA by NCMIC and PSFS 3. Responses due by 3/19/2012 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
March 2, 2012 Filing 269 Joint MOTION for Extension of Time to Complete Discovery on Main Claims by 20/20 Vision Clinic, LLP. (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
February 27, 2012 Filing 268 NOTICE by Vijay Patel(an individual - Case No. 1:11-cv-20462-PAS) OF CHANGE OF FIRM NAME AND APPEARANCE OF COUNSEL (Green, Robert)
February 24, 2012 Filing 267 NOTICE of Change of Address by Alan Samuel Fine (Fine, Alan)
February 23, 2012 Filing 266 NOTICE of Change of Address by Mendy Halberstam (Halberstam, Mendy)
February 21, 2012 Opinion or Order Filing 265 ENDORSED ORDER Canceling further discovery hearing 255 and hearing on #260 Plaintiffs' Motion to Compel Discovery Related to Plaintiffs' First Request for Production of Documents to NCMIC Dated November 16, 2011. Based upon the NCMIC Defendants' response #263 in opposition to the Plaintiffs' Motion, which sought to compel the production of the personnel file of NCMIC's President Gregory Cole, the hearing currently set for February 22, 2012, is canceled and the NCMIC Defendants shall submit Mr. Cole's requested personnel file to the undersigned for an in camera inspection. The NCMIC Defendants shall have Mr. Cole's entire unredacted personnel file delivered to the chambers of the undersigned Magistrate Judge on or before 5pm on Friday, February 24, 2012. Signed by Magistrate Judge Andrea M. Simonton on 2/21/2012. (par)
February 16, 2012 Filing 264 Clerks Notice to Filer re #263 Response in Opposition to Motion. Document not filed in Text Searchable Format; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (asl)
February 15, 2012 Filing 263 RESPONSE in Opposition re #260 MOTION to Compel Discovery (Cole's Personnel File) filed by NCMIC Finance Corporation. (Rodriguez, Catherine)
February 13, 2012 Filing 262 NOTICE of Attorney Appearance by Ronald Pendl Gossett on behalf of Amir Khoshnevis (Gossett, Ronald)
February 6, 2012 Filing 261 MOTION for Extension of Time to Serve Third Party Defendant Amir Koshnevis re #83 Answer to Amended Complaint, Third Party Complaint,, by NCMIC and PSFS 3. Responses due by 2/24/2012 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
January 30, 2012 Filing 260 MOTION to Compel Discovery (Cole's Personnel File) by 20/20 Vision Clinic, LLP. Responses due by 2/16/2012 (Attachments: #1 Exhibit 1 (Request to Produce), #2 Exhibit 2 (Transcript of Cole Depo), #3 Exhibit 3 (Transcript of Cook Depo), #4 Exhibit 4 (Transcript of NCMIC Depo), #5 Exhibit 5 (page 123 of Exhibit 19 of Cook Depo))(Gossett, Ronald)
January 27, 2012 Set/Reset Hearings: Status Conference set for 3/22/2012 08:30 AM in Miami Division before Judge Patricia A. Seitz. re: #259 Order. (gp)
January 27, 2012 Opinion or Order Filing 259 ORDER Granting #258 Joint Motion/Request for Postponement and Resetting of Status Conference. The Status Conference presently set for February 3, 2012, at 8:30 a.m., is hereby postponed to March 22, 2012 at 8:30 a.m.. Signed by Judge Patricia A. Seitz on 1/27/2012. (gp)
January 23, 2012 Filing 258 Joint MOTION to Continue Status Conference presently set for February 3, 2012, by 20/20 Vision Clinic, LLP. Responses due by 2/9/2012 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
January 17, 2012 Opinion or Order Filing 257 ORDER Granting #256 Third Party Defendants Unopposed Motion for Extension of Time to Complete Discovery. Discovery on the third party claims shall be cut-off on March 12, 2012. Signed by Judge Patricia A. Seitz on 1/17/2012. (gp)
January 16, 2012 Filing 256 Unopposed MOTION for Extension of Time to Complete Discovery on third party claims by 20/20 Vision Clinic, LLP. (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
January 11, 2012 Filing 255 TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Informal Discovery Hearing held on 1/11/2012. Attorneys Ronald Gossett, Robert Gossett and David Charlip appeared on behalf of Plaintiffs. Attorneys Catherine Rodriguez appeared on behalf of Defendants. Attorrney Michael Gallagher telephonically appeared on behalf of Defendants. Discovery issues addressed. (A Further Discovery Hearing set for 2/22/2012 10:30 AM in Miami Division before Magistrate Judge Andrea M. Simonton). (Digital 12:00-17 - 13:54:22.) (aw)
January 10, 2012 Filing 254 MOTION for Extension of Time to Complete Discovery Third Party Defendants' Verified Motion for Extension of Time to Respond to Interrogatories, Request for Admissions, and Request for Production by Steve Aivazian, Frantz Backer, Reza Birjandi, Richard Boerner, Dr. Ebenezer Johnson, Charles Smurthwaite, J Foster Weems, Paul Wesling. (Attachments: #1 Text of Proposed Order Proposed Order)(Catanzarite, Kenneth)
January 10, 2012 Filing 253 NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 11:30 a.m. on 01/11/2012, before Magistrate Judge Simonton (Gossett, Ronald)
January 9, 2012 Filing 252 Defendant's MOTION for Extension of Time to File Response/Reply to Plaintiffs Request for Admissions by Steven Wigdor. (Charlip, David)
December 14, 2011 Filing 251 REPLY to Response to Motion re #223 MOTION for Summary Judgment filed by 20/20 Vision Clinic, LLP. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1a, #4 Exhibit 1b, #5 Exhibit 2)(Gossett, Ronald)
November 30, 2011 Filing 250 RESPONSE in Opposition re #223 MOTION for Summary Judgment Statement of Material Facts filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
November 30, 2011 Filing 249 NOTICE by NCMIC and PSFS 3 re #247 Response in Opposition to Motion of Filing Exhibits in Support of Opposition (Attachments: #1 Exhibit PART 1 OF DEPOSITION TRANSCRIPT OF STEVEN PARKINS, #2 Exhibit PART 2 OF DEPOSITION TRANSCRIPT OF STEVEN PARKINS, #3 Exhibit BRICAN 90 DAY MONEY BACK GUARANTEE FORM, #4 Exhibit EXHIBITS 3 AND 6 TO THE STEVEN PARKINS DEPOSITION TRANSCRIPT, #5 Exhibit BRICAN PURCHASE ORDERS, #6 Exhibit DEPOSITION TRANSCRIPT OF KENNETH KORPAN, #7 Exhibit DEPOSITION TRANSCRIPT OF DONALD NEWMAN, #8 Exhibit DEPOSITION TRANSCRIPT OF ANGELA JOHNSON, #9 Exhibit DEPOSITION TRANSCRIPT OF RANDALL HARWOOD)(Rodriguez, Catherine)
November 30, 2011 Filing 248 NOTICE by NCMIC and PSFS 3 re #247 Response in Opposition to Motion of Filing Exhibits in Support of Opposition (Attachments: #1 Exhibit DECLARATION OF GREGORY COLE IN OPPOSITION TO MSJ, #2 Exhibit GREG COLE DEPOSITION TRANSCRIPT VOL 1, #3 Exhibit GREG COLE DEPOSITION TRANSCRIPT VOL 2, #4 Exhibit TODD COOK DEPOSITION TRANSCRIPT, #5 Exhibit FRED SCOTT DEPOSITION, #6 Exhibit AFFIDAVIT OF JAMES ADAMS, #7 Exhibit VINCENS DEPOSITION TRANSCRIPT VOL 1, #8 Exhibit VINCENS DEPOSITION TRANSCRIPT VOL 2)(Rodriguez, Catherine)
November 30, 2011 Filing 247 RESPONSE in Opposition re #223 MOTION for Summary Judgment filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
November 30, 2011 Opinion or Order Filing 246 ORDER Granting #245 Joint Motion to Extend Discovery Cut-Off. Discovery cut-off is hereby extended to March 1, 2012. Signed by Judge Patricia A. Seitz on 11/30/2011. (gp)
November 29, 2011 Filing 245 Joint MOTION for Extension of Time to Complete Discovery by 20/20 Vision Clinic, LLP. (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
November 17, 2011 Filing 244 TRANSCRIPT of Status Conference held on 11-10-11 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-107 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@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 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/21/2012. (de)
November 10, 2011 Filing 243 Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 11/10/2011 re #226 MOTION to Certify Class filed by Stephen G. Blank DDS, PA. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw)
November 10, 2011 Filing 242 NOTICE by Stephen G. Blank DDS, PA re #239 Order on Motion for Extension of Time,, of filing of Plaintiffs' Statement of Material Facts in support of their Motion for Summary Judgment (Gossett, Ronald)
November 9, 2011 Opinion or Order Filing 241 ORDER DENYING MOTION TO EXCUSE ATTENDANCE re: #240 Motion to be Relieved from Attending the November 10, 2011 Status Conference and Hearing on Motion for Class Certification. Signed by Judge Patricia A. Seitz on 11/9/2011. (gp)
November 8, 2011 Filing 240 MOTION to be Relieved from Attending the November 10, 2011 Status Conference and Hearing on Motion for Class Certification by Counsel for Patel Plaintiffs by Vijay Patel(an individual, on behalf of himself and all others similarly situated ). (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order)(Catanzarite, Kenneth)
November 8, 2011 Set/Reset Deadlines as to : #223 MOTION for Summary Judgment. Responses due by 11/30/2011. Replies due by 12/14/2011 . Per #239 Order. (gp)
November 8, 2011 Opinion or Order Filing 239 ORDER Granting #237 Motion for Extension of Time. Plaintiffs shall file their Statement of Material Facts in Support of the Motion for Summary Judgment on or before 11/16/2011. Defendants shall file their response by November 30, 2011. Plaintiffs shall file a reply on or before December 14, 2011. The motion is further GRANTED to the extent that the parties' submissions are permitted to exceed 10 pages. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 11/7/2011. (gp)
November 7, 2011 Filing 238 NOTICE by Stephen G. Blank DDS, PA re #216 Order, Terminate Motions, Set/Reset Hearings,,,,,, of filing of Proposed Joint Agenda for Status Conference (Gossett, Ronald)
November 3, 2011 Filing 237 Unopposed MOTION for Extension of Time to file Statement of Material Facts , to File Response to Motion for Summary Judgment, and to exceed 10-page limit of Local Rule 7.5(c) re #234 Order on Motion for Extension of Time to File Response/Reply by Stephen G. Blank DDS, PA. Responses due by 11/21/2011 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
November 1, 2011 Filing 236 REPLY to Response to Motion re #218 MOTION to Certify Class filed by Stephen G. Blank DDS, PA. (Attachments: #1 Exhibit ND_010456, #2 Exhibit ND_010462, #3 Deposition of Mark Margolies)(Gossett, Ronald)
October 31, 2011 Filing 235 NOTICE of Change of Address by Catherine Magdalena Rodriguez (Rodriguez, Catherine)
October 24, 2011 Opinion or Order Filing 234 ORDER on #233 Motion for Extension of Time to File Response/Reply re #223 MOTION for Summary Judgment. Responses due by 11/7/2011. Replies due by 11/21/2011. Signed by Judge Patricia A. Seitz on 10/21/2011. (gp)
October 20, 2011 Filing 233 Unopposed MOTION for Extension of Time to File Response/Reply as to #223 MOTION for Summary Judgment, #225 Order on Motion for Leave to File,,,,, by NCMIC and PSFS 3. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
October 18, 2011 Filing 232 NOTICE by NCMIC and PSFS 3 re #229 Response in Opposition to Motion FOR CLASS CERTIFICATION ON FIRST AMENDED COMMON COMPLAINT (Attachments: #1 Exhibit Declaration of G. Cole & Exhibits)(Rodriguez, Catherine)
October 18, 2011 Filing 231 NOTICE by NCMIC and PSFS 3 re #229 Response in Opposition to Motion FOR CLASS CERTIFICATION ON FIRST AMENDED COMMON COMPLAINT (Attachments: #1 Exhibit Exhib. 10 Deposition of Barry Simon, #2 Exhibit Exhib. 11 Deposition of Angela Johnson, #3 Exhibit Exhib. 12 Deposition of Donald Newman, #4 Exhibit Exhib. 13 Deposition of Neil Elliot, #5 Exhibit Exhib. 14 Deposition of Vijay Patel, #6 Exhibit Exhib. 15 Deposition of Randall Harwood, #7 Exhibit Exhib. 16 Deposition of Sharon Haas, #8 Exhibit Exhib. 17 Deposition of Stephen Blank, #9 Exhibit Exhib. 18 Brican's February 2010 Letter To Customers)(Rodriguez, Catherine)
October 18, 2011 Filing 230 NOTICE by NCMIC and PSFS 3 re #229 Response in Opposition to Motion FOR CLASS CERTIFICATION ON FIRST AMENDED COMMON COMPLAINT (Attachments: #1 Exhibit Exhib. 1 Deposition of Steven Parkins Vol. I, #2 Exhibit Exhib. 1 Deposition of Steven Parkins Vol. II, #3 Exhibit Exhib. 2 Exhibits 3 and 6 to Parkins Deposition, #4 Exhibit Exhib. 3 Version 1 of the Marketing Agreement, #5 Exhibit Exhib. 4 Version 2 of the Marketing Agreement, #6 Exhibit Exhib. 5 Version 6 of the Marketing Agreement, #7 Exhibit Exhib. 6 Version 7 of the Marketing Agreement, #8 Exhibit Exhib. 7 Version 8 of the Marketing Agreement, #9 Exhibit Exhib. 8 Brican's 90-Day Return Policy Form, #10 Exhibit Exhib. 9 Declaration of James Adams)(Rodriguez, Catherine)
October 18, 2011 Filing 229 RESPONSE in Opposition re #226 MOTION to Certify Class CERTIFICATION ON FIRST AMENDED COMMON COMPLAINT filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
October 7, 2011 Opinion or Order Filing 228 ORDER Granting #227 Unopposed Motion for Extension of Time to File Response/Reply re #218 MOTION to Certify Class. Responses due by 10/18/2011. Replies due by 11/1/2011. Signed by Judge Patricia A. Seitz on 10/7/2011. (gp)
October 5, 2011 Filing 227 Unopposed MOTION for Extension of Time to File Response/Reply as to #218 MOTION to Certify Class by NCMIC and PSFS 3. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
September 26, 2011 Filing 226 MOTION to Certify Class by Stephen G. Blank DDS, PA. Responses due by 10/14/2011 (Attachments: #1 Affidavit and Declaration of Plaintiffs' Counsel, #2 Deposition of Paula Nuzum Barkley, #3 Exhibit BD_037878, #4 Deposition of Gregory Cole, #5 Deposition of Todd Cook, #6 Exhibit 23to Cook Depo, #7 Exhibit 37 of Cook Depo, #8 Exhibit 38 of Cook Depo, #9 Exhibit 39 of Cook Depo, #10 Deposition of Salvatore DeCanio, #11 Deposition of Sandra Ellzey, #12 Deposition of Kenneth Korpan, #13 Exhibit 1 of Korpan Depo, #14 Exhibit 2 of Korpan Depo, #15 Deposition of Patrick McNerney, #16 Exhibit 3 of McNerney Depo, #17 Exhibit ND_068419, #18 Deposition of Fred Scott, #19 Exhibit 2 of Scott Depo, #20 Exhibit 3 of Scott Depo, #21 Deposition of Jeff Vincens Vol 1, #22 Deposition of Jeff Vincens Vol 2, #23 Exhibit 17 of Vincens Depo, #24 Exhibit 20 of Vincens Depo, #25 Exhibit 5, #26 Exhibit 6, #27 Exhibit 7, #28 Exhibit 8, #29 Exhibit 9, #30 Exhibit 10, #31 Exhibit 11, #32 Exhibit 12, #33 Exhibit 13)(Gossett, Ronald)
September 26, 2011 Set/Reset Deadlines as to #223 MOTION for Summary Judgment. Responses due by 10/24/2011 Replies due by 11/7/2011. (gp)
September 26, 2011 Opinion or Order Filing 225 ORDER Granting #217 Motion for Leave to File Motion and Memorandum of Law in excess of 20 pages. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; Granting #222 Motion for Leave to File Motion and Memorandum of Law in excess of 20 pages (Motion for Summary Judgment). The Motion for Summary Judgment is accepted for filing. The deadline for filing a response to that motion is October 24, 2011, and a reply must be filed before November 7, 2011. Signed by Judge Patricia A. Seitz on 9/26/2011. (gp)
September 23, 2011 Filing 224 NOTICE by Stephen G. Blank DDS, PA re #214 Order,, Set/Reset Deadlines/Hearings,, Terminate Motions, Notice of Filing Stipulation of Facts (Attachments: #1 Exhibit Exhibits to Stipulation of Facts)(Gossett, Ronald)
September 20, 2011 Filing 223 MOTION for Summary Judgment by Stephen G. Blank DDS, PA. Responses due by 10/7/2011 (Attachments: #1 Affidavit Declaration of Plaintiffs' Counsel with Exhibits 1 and 2, #2 Exhibit 1 page 6 to Blank deposition, #3 Deposition of Gregory Cole, #4 Deposition of Todd Cook, #5 Exhibit 19, p. 4 to Cook Depo, #6 Exhibit 19, pp. 42-45 of Cook Depo, #7 Exhibit 19, p. 123 of Cook Depo, #8 Exhibit 19, p. 130 of Cook Depo, #9 Exhibit 19, pp. 162-63 of Cook Depo, #10 Exhibit 23 of Cook Depo, #11 Exhibit 37 of Cook Depo, #12 Exhibit 38 of Cook Depo, #13 Exhibit 39 of Cook Depo, #14 Exhibit 9, p. 2 of Johnson Depo, #15 Exhibit 1 of Korpan Depo, #16 Exhibit 2 of Korpan Depo, #17 Exhibit 3 of McNerney Depo, #18 Exhibit 21 of McNerney Depo, #19 Exhibit ND_029379, #20 Deposition of Fred Scott, #21 Exhibit 1, p. 45, of Scott Depo, #22 Exhibit 2 of Scott Depo, #23 Exhibit 3 of Scott Depo, #24 Deposition of Jean Thompson, #25 Exhibit 20 of Thompson Depo, #26 Deposition of Jeff Vincens Vol 1, #27 Deposition of Jeff Vincens Vol 2, #28 Exhibit 9, pp. 9-10 of Vincens Depo, #29 Exhibit 31 of Vincens Depo, #30 Exhibit 37 of Vincens Depo, #31 Exhibit 38 of Vincens Depo, #32 Exhibit 5, #33 Exhibit 6, #34 Exhibit 7, #35 Exhibit 8, #36 Exhibit 9, #37 Exhibit 10, #38 Exhibit 11, #39 Exhibit 12, #40 Exhibit 13)(Gossett, Ronald)
September 20, 2011 Filing 222 Unopposed MOTION for Leave to File Motion and Memorandum of Law in excess of 20 pages (Motion for Summary Judgement) by Stephen G. Blank DDS, PA. (Attachments: #1 Exhibit Proposed Motion for Summary Judgment, #2 Text of Proposed Order)(Gossett, Ronald)
September 20, 2011 Filing 221 Unopposed MOTION for Leave to File late motion for summary judgment by Stephen G. Blank DDS, PA. (Attachments: #1 Exhibit Proposed Motion for Summary Judgment, #2 Text of Proposed Order)(Gossett, Ronald)
September 12, 2011 Filing 220 REPLY to Response to Motion re #217 MOTION for Leave to File Motion and Memorandum of Law in excess of 20 pages filed by Stephen G. Blank DDS, PA. (Gossett, Ronald)
September 12, 2011 Filing 219 RESPONSE to Motion re #217 MOTION for Leave to File Motion and Memorandum of Law in excess of 20 pages filed by NCMIC and PSFS 3. Replies due by 9/22/2011. (Rodriguez, Catherine)
September 8, 2011 Filing 218 MOTION to Certify Class by Stephen G. Blank DDS, PA. Responses due by 9/26/2011 (Attachments: #1 Affidavit and Declaration of Plaintiffs' Counsel, #2 Deposition of Paula Nuzum Barkley, #3 Deposition of Gregory Cole, #4 Deposition of Todd Cook, #5 Exhibit 23 to Cook Deposition, #6 Exhibit 37 to Cook Deposition, #7 Exhibit 38 to Cook Deposition, #8 Exhibit 39 to Cook Deposition, #9 Deposition of Salvatore DeCanio, #10 Deposition of Sandra Ellzey, #11 Deposition of Kenneth Korpan, #12 Exhibit 1 to Korpan Deposition, #13 Exhibit 2 to Korpan Deposition, #14 Deposition of Patrick McNerney, #15 Deposition 3 to McNerney Deposition, #16 Exhibit ND_068419, #17 Deposition of Fred Scott, #18 Exhibit 2 to Scott Deposition, #19 Exhibit 3 to Scott Deposition, #20 Deposition of Jeff Vincens Vol 1, #21 Deposition of Jeff Vincens Vol 2, #22 Exhibit 17 to Vincens Deposition, #23 Exhibit 20 to Vincens Deposition, #24 Exhibit 5, #25 Exhibit 6, #26 Exhibit 7, #27 Exhibit 8, #28 Exhibit 9, #29 Exhibit 10, #30 Exhibit 11, #31 Exhibit 12, #32 Exhibit 13)(Gossett, Ronald)
September 8, 2011 Filing 217 MOTION for Leave to File Motion and Memorandum of Law in excess of 20 pages by Stephen G. Blank DDS, PA. (Attachments: #1 Exhibit Proposed Motion for Class Certification and Embedded Memorandum of Law (without attachments), #2 Text of Proposed Order)(Gossett, Ronald)
August 26, 2011 Opinion or Order Filing 216 ORDER Granting #215 Joint MOTION for Extension of Time (Resetting of Briefing Schedule due to hurricane interference) as follows: Plaintiff's Motion for Class Certification/Motion for Summary Judgment - Declaratory Judgment Master Complaint shall be filed on or before 9/8/11; Defendants' Response to those motions shall be filed on or before 10/11/11; Plaintiffs' Reply shall be filed on or before 10/25/11 ( Status Conference and oral argument on the class certification motion continued from 11/4/11 to 11/10/2011 08:30 AM in Miami Division before Judge Patricia A. Seitz.). Signed by Judge Patricia A. Seitz on 8/26/2011. (wc)
August 25, 2011 Filing 215 Joint MOTION for Extension of Time (Resetting of Briefing Schedule due to hurricane interference) re #214 Order, Set/Reset Deadlines/Hearings, Terminate Motions,,, by Stephen G. Blank DDS, PA. Responses due by 9/12/2011 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
August 24, 2011 Opinion or Order Filing 214 ORDER CANCELLING STATUS CONFERENCE, GRANTING MOTION FOR EXTENSION OF TIME AND SCHEDULING ORAL ARGUMENT - #211 Joint MOTION for Extension of Time extension of time to File Stipulated Facts is GRANTED - Stipulated Facts are due by 9/23/2011. Status Conference is set for 11/4/2011 at 8:30 AM in Miami Division before Judge Patricia A. Seitz. Signed by Judge Patricia A. Seitz on 8/24/2011. (lw)
August 24, 2011 Filing 213 NOTICE by Stephen G. Blank DDS, PA of filing of Proposed Joint Agenda for Status Conference (Gossett, Ronald)
August 24, 2011 Opinion or Order Filing 212 ORDER REQUIRING SUBMISSION OF PROPOSED AGENDA AND ESTABLISHING PROCEDURES FOR FUTURE STATUS CONFERENCES (Agenda Deadline 8/24/2011 no later than 1:00 p.m. EST). Signed by Judge Patricia A. Seitz on 8/24/2011. (lw)
August 18, 2011 Filing 211 Joint MOTION for Extension of Time extension of time to File Stipulated Facts re #209 Order on Motion for Extension of Time by NCMIC and PSFS 3. Responses due by 9/6/2011 (Attachments: #1 Text of Proposed Order Proposed Order re: Joint Request for Extension of Time to File)(Rodriguez, Catherine)
August 5, 2011 Opinion or Order Filing 210 ORDER DENYING as MOOT Motions to Dismiss and for Sanctions; denying as moot #147 Motion to Dismiss; denying as moot #158 Motion to Dismiss for Lack of Jurisdiction; denying as moot #158 Motion to Dismiss; denying as moot #159 Motion for Sanctions; denying as moot #171 Motion to Dismiss; denying as moot #172 Motion to Dismiss; denying as moot #172 Motion for Summary Judgment; denying as moot #174 Motion to Dismiss. Signed by Judge Patricia A. Seitz on 8/5/2011. (gp)
July 26, 2011 Opinion or Order Filing 209 ORDER granting #208 Joint MOTION for Extension of Time to 8/22/11 to File Stipulated Facts re 204 Order on Motion for Extension of Time. Signed by Judge Patricia A. Seitz on 7/21/2011. (sk)
July 20, 2011 Filing 208 Joint MOTION for Extension of Time to File Stipulated Facts re #204 Order on Motion for Extension of Time by Stephen G. Blank DDS, PA. Responses due by 8/8/2011 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
July 18, 2011 Set/Reset Hearings Status Conference set for 8/25/2011 08:30 AM before Judge Patricia A. Seitz. (lbc)
July 18, 2011 Opinion or Order Filing 207 ORDER Rescheduling Status Conference re #206 Motion for Extension of Time. 7/22/11 hearing vacated. Rescheduled for 8/25/11 @ 8:30a.m.. Signed by Judge Patricia A. Seitz on 7/18/2011. (lbc)
July 14, 2011 Filing 206 Joint MOTION for Extension of Time to Reset Status Conference of July 22, 2011 by NCMIC and PSFS 3. Responses due by 8/1/2011 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
June 24, 2011 Filing 205 TRANSCRIPT of Discovery Conference Hearing held on 6/10/11 before Magistrate Judge Andrea M. Simonton, 1-65 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. 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 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011. (Attachments: #1 Designation Access Form)(hh) Text Modified on 6/28/2011 (hh).
June 20, 2011 Opinion or Order Filing 204 ORDER granting #203 Motion for Extension of Time. Signed by Judge Patricia A. Seitz on 6/21/2011. (dj)
June 17, 2011 Filing 203 Joint MOTION for Extension of Time to file stipulation by Stephen G. Blank DDS, PA, NCMIC and PSFS 3. Responses due by 7/5/2011 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
June 14, 2011 Opinion or Order Filing 202 ORDER on Informal Discovery Conference. Signed by Magistrate Judge Andrea M. Simonton on 6/14/2011. (par)
June 10, 2011 Filing 201 TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Discovery Hearing held on 6/10/2011. Attorneys Ronald Gossett and David Charlip appeared on behalf of the Plaintiffs. Attorney Catherine Rodriguez appeared on behalf of the Defendants. Attorneys Michael Gallagher and Michael Verde telephonically appeared on behalf of the Defendants. Discovery issues addressed. Written order to follow. (Digital 10:34:06 - 12:00:59.) (aw)
June 8, 2011 Filing 200 NOTICE of Hearing by ATTORNEY re: Discovery Hearing set for 10:00 am on 06/10/2011 before Magistrate Simonton (Rodriguez, Catherine)
June 3, 2011 Filing 199 NOTICE of Hearing by ATTORNEY re: DISCOVERY HEARING set for 10:30 am on 06/10/2011, before Magistrate Andrea M. Simonton (Rodriguez, Catherine)
May 30, 2011 Filing 198 REPLY to Response to Motion re #159 MOTION for Sanctions (Rule 11) filed by Stephen G. Blank DDS, PA. (Gossett, Ronald)
May 30, 2011 Filing 197 REPLY to Response to Motion re #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint filed by Stephen G. Blank DDS, PA. (Attachments: #1 Exhibit 1)(Gossett, Ronald)
May 30, 2011 Filing 196 NOTICE of Compliance with Court Order to Amend Statement of Legal Claims and Elements [DE 151] by Stephen G. Blank DDS, PA re #192 Order, Set/Reset Deadlines, Set Scheduling Order Deadlines,,,,,, (Gossett, Ronald)
May 24, 2011 Filing 195 Corrected Transcript and Notice of Correction of Status Conference held on 5-19-11 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-85 pages, re: #193 Transcript,, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov. (de)
May 23, 2011 Filing 194 Clerks Notice of Docket Correction re #193 Transcript,,. Transcript Style/Case Number Do Not Match; Instruction to Filer - Correct the information and refile transcript using Transcript-Corrected event. (hh)
May 23, 2011 Filing 193 TRANSCRIPT of Status Conference held on 5-19-11 before Judge Patricia A. Seitz, Volume Number 1 of 1, 1-85 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@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 6/16/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/25/2011. (de)
May 20, 2011 Opinion or Order Filing 192 ORDER FOLLOWING May 19, 2011, STATUS CONFERENCE - (Plaintiffs and Defendants shall file their Agreed set of Factual Stipulations on or before 6/22/2011., Plaintiffs shall Amend their Statement of Legal Claims due by 6/3/2011.), (Third Party Plaintiffs and Third Party Defendants shall meet and confer and file their agreed set of Factual Stipulation on or before 6/22/2011., A Status Conference is set for 7/22/2011 08:30 AM before Judge Patricia A. Seitz.). Signed by Judge Patricia A. Seitz on 5/20/2011. (gp)
May 19, 2011 Filing 191 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 5/19/2011. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw)
May 19, 2011 Filing 190 NOTICE by Stephen G. Blank DDS, PA of filing sample purchase order as requested at status conference of May 19, 2011 (Attachments: #1 Exhibit Sample Purchase Order)(Gossett, Ronald)
May 18, 2011 Filing 189 Notice of Adoption by NCMIC and PSFS 3 Related document: #173 MOTION to Dismiss #83 Answer to Amended Complaint, Third Party Complaint,, Amended Third Party Complaint MOTION to Dismiss #83 Answer to Amended Complaint, Third Party Complaint,, Amended Third Party Complaint filed by Dr. Reza Birjandi, Paul Wesling, Charles Smurthwaite, J Foster Weems, Frantz Backer, Steve Aivazian, Vijay Patel, Richard Boerner, Ebenezer Johnson, #174 MOTION to Dismiss #83 Answer to Amended Complaint, Third Party Complaint,, Amended Third Party Complaint MOTION to Dismiss #83 Answer to Amended Complaint, Third Party Complaint,, Amended Third Party Complaint filed by Paul Wesling, Charles Smurthwaite, J Foster Weems, Frantz Backer, Steve Aivazian, Vijay Patel, Reza Birjandi, Richard Boerner, Ebenezer Johnson, #178 Response in Opposition to Motion, filed by NCMIC Finance Corporation, PSFS 3 Corporation, #177 Response in Opposition to Motion, filed by NCMIC Finance Corporation, PSFS 3 Corporation, #176 Response in Opposition to Motion, filed by NCMIC Finance Corporation, PSFS 3 Corporation (Rodriguez, Catherine)
May 18, 2011 Opinion or Order Filing 188 ORDER REQUIRING SUBMISSION OF PROPOSED STIPULATED FACTS on or before 4:00 PM (EST) today, May 18, 2011. (See Order for full details.) Signed by Judge Patricia A. Seitz on 5/18/2011. (wc)
May 17, 2011 Filing 187 NOTICE of Compliance with Order to Respond to Notice of Filing of Proposed Stipulation by Stephen G. Blank DDS, PA re 184 Order (Gossett, Ronald)
May 16, 2011 Filing 186 NOTICE by Stephen G. Blank DDS, PA of filing of Proposed Joint Agenda for Status Conference (Gossett, Ronald)
May 13, 2011 Filing 185 NOTICE OF UNAVAILABILITY by Brican America LLC, Brican America, Inc., Brican America, LLC, Brican Financial Services, LLC, JJR Investments, LLC, Jack Lemacon, Jacques Lemacon, Jean Francois Vincens, Viso Lasik Medspas LLC, Viso Lasik Medspas of San Antonio, LLC, Viso Lasik Medspas, LLC for dates of May 27, 2011-June 10, 2011 (Fine, Alan)
May 12, 2011 Opinion or Order Filing 184 Order Requiring Response to Notice. Plaintiffs shall file a Response to Defendants Notice [DE-182] on or before 3:00 p.m. on May 17, 2011. Signed by Judge Patricia A. Seitz on 5/12/2011. (ehn)
May 10, 2011 Opinion or Order Filing 183 ORDER REQUIRING THE PARTIES TO MEET and CONFER and granting #181 Motion for Extension of Time to File Response/Reply re #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint, #159 MOTION for Sanctions (Rule 11). Replies due by 5/30/2011. ** Please see Order for further details ** . Signed by Judge Patricia A. Seitz on 5/10/2011. (gp)
May 10, 2011 Filing 182 NOTICE by NCMIC and PSFS 3 re #127 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion for Hearing,,,,,,,, (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Rodriguez, Catherine)
May 6, 2011 Filing 181 MOTION for Extension of Time to File Response/Reply as to #179 Response in Opposition to Motion, #175 Response in Opposition to Motion, #178 Response in Opposition to Motion, #177 Response in Opposition to Motion, #176 Response in Opposition to Motion, by Stephen G. Blank DDS, PA. (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
May 5, 2011 Filing 180 NOTICE by Stephen G. Blank DDS, PA of Correction of Notice of Discharge filed by DeCanio in case number 10-20782 (Attachments: #1 Exhibit (Discharge in Bankruptcy), #2 Exhibit (Adversary Proceeding))(Gossett, Ronald)
May 2, 2011 Filing 179 RESPONSE in Opposition re #159 MOTION for Sanctions (Rule 11) -- -- DECLARATION OF MICHAEL F. GALLAGHER IN OPPOSITION TO MOTION FOR SANCTIONS; WITH CERTIFICATE OF SERVICE AND EXHIBITS 1-3 filed by NCMIC Finance Corporation, PSFS 3 Corporation. (Rodriguez, Catherine)
May 2, 2011 Filing 178 RESPONSE in Opposition re #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint -- DECLARATION OF MICHAEL F. GALLAGHER IN OPPOSITION TO MOTION TO DISMISS; WITH CERTIFICATE OF SERVICE AND EXHIBITS 1-3 filed by NCMIC Finance Corporation, PSFS 3 Corporation. (Rodriguez, Catherine)
May 2, 2011 Filing 177 RESPONSE in Opposition re #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint -- AND COUNTERSTATEMENT TO STATEMENT OF MATERIAL FACTS; WITH CERTIFICATE OF SERVICE filed by NCMIC Finance Corporation, PSFS 3 Corporation. (Rodriguez, Catherine)
May 2, 2011 Filing 176 RESPONSE in Opposition re #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint ; WITH CERTIFICATE OF SERVICE AND ATTACHMENT filed by NCMIC Finance Corporation, PSFS 3 Corporation. (Rodriguez, Catherine)
May 2, 2011 Filing 175 RESPONSE in Opposition re #159 MOTION for Sanctions (Rule 11) ; WITH CERTIFICATE OF SERVICE filed by NCMIC Finance Corporation, PSFS 3 Corporation. (Rodriguez, Catherine)
May 2, 2011 Filing 174 MOTION to Dismiss #83 Answer to Amended Complaint, Third Party Complaint,, Amended Third Party Complaint by Steve Aivazian, Frantz Backer, Reza Birjandi, Richard Boerner, Ebenezer Johnson, Vijay Patel(an individual, on behalf of himself and all others similarly situated ), Vijay Patel(an individual - Case No. 1:11-cv-20462-PAS), Charles Smurthwaite, J Foster Weems, Paul Wesling. Responses due by 5/19/2011 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Catanzarite, Kenneth)
May 2, 2011 Filing 173 MOTION to Dismiss #83 Answer to Amended Complaint, Third Party Complaint,, Amended Third Party Complaint by Steve Aivazian, Frantz Backer, Dr. Reza Birjandi, Richard Boerner, Ebenezer Johnson, Vijay Patel(an individual, on behalf of himself and all others similarly situated ), Charles Smurthwaite, J Foster Weems, Paul Wesling. Responses due by 5/19/2011 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Catanzarite, Kenneth)
April 19, 2011 Filing 172 MOTION to Dismiss #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint, #147 MOTION to Dismiss #72 Third Party Complaint, MOTION for Summary Judgment byDR. DAVID WEIGLE, DR. RYAN ESTELLE & by Dr. John Foore. Responses due by 5/6/2011 (Selig, Robert)
April 15, 2011 Filing 171 MOTION to Dismiss #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint, #147 MOTION to Dismiss #72 Third Party Complaint, #83 Answer to Amended Complaint, Third Party Complaint,, by Dr. Michael Anacona, Dr. Alan Baribeau, Dr. Sandra Barker, Dr. Lori Bende, Dr. Bethany Brenner, Dr. John Brown, Dr. Edward Chermal, Dr. Paul Clark, Dr. Fred Cloninger, Dr. Kenneth Dobson, Dr. Kenneth Gallinger, Dr. Emanuel Graziano, Dr. Timothy Hale, Dr. Alfred Johnson, Dr. Mitchell Josephs, Dr. Kennth Mogell, Dr. Darwin Mormon, Dr. Paul Mormon, Dr. Rafael Palanganas, Dr. Frank Paletta, Dr. Nicholas Papapetros, Dr. Lisa M Peters, Dr. Barry Rosenberg, Dr. David Rubin, Dr. Chandy Samuel, Dr. Peter Scerbo, Dr. Christopher Seppi, Dr. Sanjeev Sharma, Dr. John Sherer, Dr. E. Wayne Simmons, Dr. Ronald Smith, Dr. David Sweeney, Dr. Edward Walker, Dr. Michael Williams, Dr. Wade Winker. Responses due by 5/2/2011 (Charlip, David)
April 13, 2011 Filing 170 REPLY to Response to Motion re #147 MOTION to Dismiss #72 Third Party Complaint filed by Dr. Zalman Bacheikov. (Franco-Murphey, Regina)
April 12, 2011 Opinion or Order Filing 169 ORDER Granting #168 Motion for Extension of Time to File Response/Reply re #159 MOTION for Sanctions (Rule 11). Responses due by 5/2/2011 . Signed by Judge Patricia A. Seitz on 4/12/2011. (gp)
April 12, 2011 Filing 168 MOTION for Extension of Time to File Response/Reply as to #159 MOTION for Sanctions (Rule 11) by NCMIC and PSFS 3. (Kelso, John)
April 8, 2011 Filing 167 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge John J. O'Sullivan no longer assigned to case. (vp)
April 7, 2011 Opinion or Order Filing 166 ORDER Granting in part #162 Motion to Seal Exhibit. Accordingly, it is hereby ORDERED that Plaintiffs/Third-Party Defendants' Motion to Seal (DE-162) is GRANTED IN PART to the extent that the redacted version of Exhibit 1 shall be accepted for filing. The motion to seal (DE-162) and Exhibit 1 shall be unsealed and available through the CM/ECF system. The motion is otherwise DENIED and the court will return the unredacted original exhibit to counsel for Plaintiffs/Third-Party Defendants. Signed by Judge Patricia A. Seitz on 4/7/2011. (nc)
April 7, 2011 Opinion or Order Filing 165 ORDER Granting #164 Motion for Extension of Time to File Response/Reply re #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint. Responses due by 5/2/2011 . Signed by Judge Patricia A. Seitz on 5/2/2011. (gp)
April 6, 2011 Filing 164 MOTION for Extension of Time to File Response/Reply as to #158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint MOTION to Dismiss #72 Third Party Complaint by NCMIC Finance Corporation. (Kelso, John)
April 5, 2011 Opinion or Order Filing 163 ORDER Granting #160 Motion for Extension of Time to File Response/Reply re #147 MOTION to Dismiss #72 Third Party Complaint. Replies due by 4/13/2011.. Signed by Judge Patricia A. Seitz on 4/5/2011. (gp)
April 4, 2011 Filing 162 MOTION to Seal Exhibit by Plaintiffs and Third Party Defendants (Attachments: #1 Exhibit, #2 Sealed Tracking Form, #3 Text of Proposed Order)(nc) Modified by unsealing and returning document per #166 Order on 4/15/2011 (nc).
April 4, 2011 Filing 161 SUMMONS (Affidavit) Returned Executed by NCMIC and PSFS 3. Dr. James Carroll served on 2/14/2011, answer due 3/7/2011. (Attachments: #1 Exhibit Return of Service - James Carroll)(Rodriguez, Catherine)
April 1, 2011 Filing 160 Unopposed MOTION for Extension of Time to File Response/Reply as to #147 MOTION to Dismiss #72 Third Party Complaint by Dr. Zalman Bacheikov. (Attachments: #1 Text of Proposed Order)(Franco-Murphey, Regina)
March 30, 2011 Filing 159 MOTION for Sanctions (Rule 11) by Stephen G. Blank DDS, PA. (Attachments: #1 Appendix (Schedule of Third Party Defendants), #2 Exhibit 1 (filed under seal), #3 Exhibit 2)(Gossett, Ronald)
March 30, 2011 Filing 158 MOTION to Dismiss for Lack of Jurisdiction #72 Third Party Complaint, MOTION to Dismiss #72 Third Party Complaint ( Responses due by 4/18/2011) by Stephen G. Blank DDS, PA. (Attachments: #1 Appendix Schedule of Third Party Defendants, #2 Exhibit 1 (filed under seal), #3 Exhibit 2, #4 Exhibit Statement of Material Facts in Support)(Gossett, Ronald)
March 25, 2011 Filing 157 RESPONSE in Opposition re #147 MOTION to Dismiss #72 Third Party Complaint filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
March 18, 2011 Filing 156 WAIVER OF SERVICE Returned Executed by NCMIC and PSFS 3. Dr. Michael Anacona waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Alan Baribeau waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Sandra Barker waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Lori Bende waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Bethany Brenner waiver sent on 3/17/2010, answer due 5/16/2010; Dr. John Brown waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Edward Chermal waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Paul Clark waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Fred Cloninger waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Kenneth Dobson waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Kenneth Gallinger waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Emanuel Graziano waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Timothy Hale waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Mitchell Josephs waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Kennth Mogell waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Paul Mormon waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Rafael Palanganas waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Frank Paletta waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Nicholas Papapetros waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Lisa M Peters waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Barry Rosenberg waiver sent on 3/17/2010, answer due 5/16/2010; Dr. David Rubin waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Chandy Samuel waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Peter Scerbo waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Christopher Seppi waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Sanjeev Sharma waiver sent on 3/17/2010, answer due 5/16/2010; Dr. John Sherer waiver sent on 3/17/2010, answer due 5/16/2010; Dr. E. Wayne Simmons waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Ronald Smith waiver sent on 3/17/2010, answer due 5/16/2010; Dr. David Sweeney waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Edward Walker waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Michael Williams waiver sent on 3/17/2010, answer due 5/16/2010; Dr. Wade Winker waiver sent on 3/17/2010, answer due 5/16/2010; Paul Wesling waiver sent on 3/3/2011, answer due 5/2/2011; Richard Boerner waiver sent on 3/3/2011, answer due 5/2/2011; Charles Smurthwaite waiver sent on 3/3/2011, answer due 5/2/2011; Ebenezer Johnson waiver sent on 3/3/2011, answer due 5/2/2011; Frantz Backer waiver sent on 3/3/2011, answer due 5/2/2011; J Foster Weems waiver sent on 3/3/2011, answer due 5/2/2011; Reza Birjandi waiver sent on 3/3/2011, answer due 5/2/2011; Steve Aivazian waiver sent on 3/3/2011, answer due 5/2/2011; A C Johnson waiver sent on 3/17/2011, answer due 5/16/2011. (Attachments: #1 Exhibit Catanzarite Waiver, #2 Exhibit Charlip Waiver)(Rodriguez, Catherine)
March 18, 2011 Filing 155 SUMMONS (Affidavit) Returned Executed by NCMIC and PSFS 3. Dr. William Cregar served on 2/15/2011, answer due 3/8/2011; Dr. Sachin P Desai served on 2/28/2011, answer due 3/21/2011; Dr. Steve Klein served on 2/16/2011, answer due 3/9/2011; Dr. Raymond Powell served on 2/17/2011, answer due 3/10/2011. (Attachments: #1 Affidavit Affidavit of Service - Cregar, #2 Affidavit Affidavit of Service - Desai, #3 Affidavit Affidavit of Service - Klein, #4 Affidavit Affidavit of Service - Powell)(Rodriguez, Catherine)
March 11, 2011 Filing 154 Statement of: Affirmative Defenses by Brican America, Inc., Brican Financial Services, LLC, Jacques Lemacon, Jean Francois Vincens re #127 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion for Hearing,,,,,,,, (Fine, Alan)
March 11, 2011 Filing 153 ANSWER and Affirmative Defenses to Amended Complaint by Jacques Lemacon.(Fine, Alan)
March 11, 2011 Filing 152 Statement of: Legal Claims/Affirmative Defenses and Elements by NCMIC and PSFS 3 re #127 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion for Hearing,,,,,,,, (Rodriguez, Catherine)
March 11, 2011 Filing 151 NOTICE of Compliance --Filing of Statement of Legal Claims and Elements, and Identification of Specific False Statements by Stephen G. Blank DDS, PA re #127 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion for Hearing,,,,,,,, (Gossett, Ronald)
March 10, 2011 Opinion or Order Filing 150 ORDER on MOTION TO REMAND - Denying (11 in 1:11-cv-20462-PAS) MOTION to Remand. Signed by Judge Patricia A. Seitz on 3/10/2011. (gp) Modified on 8/9/2011, designated as an Opinion per Chambers (sk).
March 10, 2011 Set/Reset Status Conference for 5/19/2011 08:30 AM in Miami Division before Judge Patricia A. Seitz. Per #149 Order. (gp)
March 10, 2011 Opinion or Order Filing 149 ORDER Granting #146 Motion to Postpone Status Conference. The Status Conference set for April 14, 2011 is CONTINUED to May 19, 2011 at 8:30 a.m.. Signed by Judge Patricia A. Seitz on 3/10/2011. (gp) -Modified file date on 3/11/2011 (gp).
March 10, 2011 Filing 148 Statement of: Legal Claims/Affirmative Defenses by Dr. Zalman Bacheikov (Halberstam, Mendy)
March 8, 2011 Filing 147 MOTION to Dismiss #72 Third Party Complaint by Dr. Zalman Bacheikov. Responses due by 3/25/2011 (Halberstam, Mendy)
March 7, 2011 Filing 146 Joint MOTION to Continue Reset Status Conference of 4/19 by NCMIC and PSFS 3. Responses due by 3/24/2011 (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
March 4, 2011 Opinion or Order Filing 145 ORDER Granting #143 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rowan Keenan. Signed by Judge Jose E. Martinez for Judge Patricia A. Seitz on 3/4/2011. (gp)
March 4, 2011 Opinion or Order Filing 144 Agreed ORDER Granting Third Party Defendants #139 Motion for Extension of Time to Answer re #72 Third Party Complaint, #83 Answer to Amended Complaint, Third Party Complaint; Dr. Ryan Estelle response due 4/20/2011; Dr. John Foore response due 4/20/2011; Dr. David Weigle response due 4/20/2011. Signed by Judge Jose E. Martinez for Judge Patricia A. Seitz on 3/4/2011. (gp) -Modified text on 3/7/2011 (gp).
March 3, 2011 Filing 143 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rowan Keenan, Esquire. Filing Fee $ 75.00. Receipt # 14907. (gp)
March 3, 2011 Filing 142 TRANSCRIPT of Status Conference held on 2/17/2011 before Judge Patricia A. Seitz, 1-30 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@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 3/28/2011. Redacted Transcript Deadline set for 4/7/2011. Release of Transcript Restriction set for 6/6/2011. (mc)
March 3, 2011 Filing 141 NOTICE by NCMIC and PSFS 3 re #83 Answer to Amended Complaint, Third Party Complaint,, (Attachments: #1 Exhibit ROS Estelle, #2 Exhibit ROS Foore, #3 Exhibit ROS Hicks, #4 Exhibit ROS Weigle)(Rodriguez, Catherine)
March 2, 2011 Filing 140 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Dr. Uri Elias.(Rogers, Harvey)
March 2, 2011 Filing 139 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re #83 Answer to Amended Complaint, Third Party Complaint,, by DR. DAVID WEIGLE, & DR. JOHN FOORES & by Dr. Ryan Estelle. (Attachments: #1 Text of Proposed Order)(Selig, Robert)
March 2, 2011 Filing 138 NOTICE of Attorney Appearance by Robert Alan Selig on behalf of Dr. David Weigle (Selig, Robert)
March 2, 2011 Filing 137 NOTICE of Attorney Appearance by Robert Alan Selig on behalf of Dr. John Foore (Selig, Robert)
March 2, 2011 Filing 136 NOTICE of Attorney Appearance by Robert Alan Selig on behalf of Dr. Ryan Estelle (Selig, Robert)
February 28, 2011 Filing 135 RESPONSE/REPLY to #128 Order Requiring Supplemental Briefing Re: Motion to Remand by Alfonzo D. Gonzalez Dental Corporation, Dr. Reza Birjandi, Reza M Birjandi, David Browning, Eye Center Optometrics, Alfonzo D Gonzalez, J Foster Weems DDS Inc, Jose Lomboy, Michael W Wells DDS Inc, Maricela Murillo, Vijay Patel(an individual - Case No. 1:11-cv-20462-PAS), Paul J Wesling OD Inc, Paul J. Wesling OD, Reza M. Birjandi DDS, Sandhy A Hedge DDS Inc, Dennis E Shamlian, Valery Sweeny, Valery Sweeny DDS, J Foster Weems, Michael W Wells, William E Faulkner DDS Inc. (Catanzarite, Kenneth)
February 28, 2011 Filing 134 NOTICE by NCMIC and PSFS 3 re #83 Answer to Amended Complaint, Third Party Complaint,, (Attachments: #1 Exhibit return of service, #2 Exhibit return of service, #3 Exhibit return of service, #4 Exhibit return of service, #5 Exhibit return of service, #6 Exhibit return of service, #7 Exhibit return of service)(Rodriguez, Catherine)
February 28, 2011 Filing 133 RESPONSE/REPLY to #128 Order requiring supplemental briefing by PSFS 3 Corporation. (Rodriguez, Catherine)
February 24, 2011 Filing 132 ANSWER and Affirmative Defenses to Amended Complaint by Salvatore M DeCanio, Jr..(Tomberg, Jeff)
February 22, 2011 Reset Answer Due Deadline: Dr. Zalman Bacheikov response due 3/8/2011 per #131 Order. (ral)
February 22, 2011 Opinion or Order Filing 131 AGREED ORDER Granting #130 Third Party Defendant Zalman Bacheikov's Unopposed Motion for Extension of Time to File a Response to the Amended Third Party Complaint; Third Party Defendant Bacheikov shall serve his response to the Amended Third Party Complaint on or before March 8, 2011. Signed by Judge Patricia A. Seitz on 2/22/2011. (ral)
February 22, 2011 Filing 130 Unopposed MOTION for Extension of Time to File Response to the Amended Third Party Complaint re #83 Answer to Amended Complaint, Third Party Complaint,, by Dr. Zalman Bacheikov. Responses due by 3/11/2011 (Attachments: #1 Text of Proposed Order)(Halberstam, Mendy)
February 18, 2011 Opinion or Order Filing 129 ORDER Scheduling Mediation Mediation Hearing set for 11/8/2011 10:00 AM. Signed by Judge Patricia A. Seitz on 2/18/2011. (gp)
February 18, 2011 Opinion or Order Filing 128 Order requiring supplemental briefing on Patel Plaintiffs Motion to Remand. Briefs due no later than February 28, 2011. Signed by Judge Patricia A. Seitz on 2/18/2011. (ehn)
February 18, 2011 Filing 126 NOTICE by NCMIC and PSFS 3 of Filing Proposed Order Scheduling Mediation (Attachments: #1 Text of Proposed Order scheduling mediation)(Rodriguez, Catherine)
February 17, 2011 Opinion or Order Filing 127 ORDER FOLLOWING STATUS CONFERENCE - Denying #69 Motion to Dismiss for Lack of Jurisdiction; denying #70 Motion to Dismiss for Lack of Jurisdiction; terminating #113 Supplement to Dismiss for Lack of Jurisdiction; Denying #118 Motion for Hearing. On or before March 11, 2011, Plaintiffs and Defendants shall each file a Statement of Legal Claims/Affirmative Defenses and Elements. The parties shall meet and confer and inform the Court no later than March 11, 2011. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 2/17/2011. (gp)
February 17, 2011 Filing 125 MDL Transfer In Case Receipt from California Central; Case Number 8:10-cv-01493. Electronic file consisting of documents 1-38. Assigned Case No. 1:11-cv-20462-PAS on 2/20/2011. re: SDFL MDL Conditional Transfer Order (TO-dated 02/03/2011) at DE # (107 in 1:10-md-02183-PAS). See Docket Sheet at DE # (39 in 1:11-cv-20462-PAS). (gp)
February 17, 2011 Filing 124 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 2/17/2011. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw)
February 17, 2011 Filing 123 WAIVER OF SERVICE Returned Executed by Adam B Bryan. Adam B Bryan waiver sent on 2/14/2011, answer due 4/15/2011. (Gossett, Ronald)
February 17, 2011 Filing 121 SUGGESTION OF BANKRUPTCY as to Carl Elden Stubblefield by Dr. Carl Stubblefield (Attachments: #1 Exhibit Bankruptcy Petition)(Gossett, Ronald)
February 16, 2011 Opinion or Order Filing 122 ORDER STRIKING #115 Motion for Extension of Time to File Response/Reply filed by Salvatore M DeCanio, Jr.. Signed by Judge Patricia A. Seitz on 2/16/2011. (gp)
February 15, 2011 Filing 119 NOTICE OF CONVENTIONAL FILING of (117 in 1:10-md-02183-PAS, 34 in 1:10-cv-22959-PAS) Notification of Ninety Days Expiring, (118 in 1:10-md-02183-PAS, 35 in 1:10-cv-22959-PAS) MOTION for Hearing. (gp)
February 15, 2011 Filing 118 REQUEST for Hearing on the Patel State Plaintiffs' Motion to Remand by Patel Plaintiffs. (gp)
February 15, 2011 Filing 117 Notification of Ninety Days Expiring by The Patel State Plaintiffs. (Motion not on the docket). (gp)
February 15, 2011 Filing 116 NOTICE by Salvatore M DeCanio, Jr. (Attachments: #1 Exhibit)(Tomberg, Jeff)
February 15, 2011 Filing 115 STRICKEN Per Order at DE #122 MOTION for Extension of Time to File Response/Reply by Salvatore M DeCanio, Jr.. (Tomberg, Jeff) -Modified text on 2/17/2011 (gp).
February 15, 2011 Filing 114 NOTICE to all parties concerning status conference. Signed by Judge Patricia A. Seitz on 2/15/2011. (dgj)
February 14, 2011 Filing 113 Supplemental MOTION to Dismiss for Lack of Jurisdiction #70 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint, by Jean Francois Vincens. Responses due by 3/3/2011 (Fine, Alan)
February 14, 2011 Filing 112 REPLY to Response to Motion re #69 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint, filed by Jacques Lemacon. (Fine, Alan)
February 13, 2011 Filing 111 NOTICE by Stephen G. Blank DDS, PA and all putative class representatives of Filing Joint Proposed Agenda for Status Conference (Gossett, Ronald)
February 8, 2011 Filing 110 Courtesy Copy of Affidavit of Jenifer De Vera in Support of Plaintiffs' Motion to Vacate Conditional Transfer Order (CTO-2). (gp)
February 8, 2011 Filing 109 Courtesy Copy of Plaintiffs' Reply Brief in Support of Motion to Vacate Conditional Transfer Order (CTO-2). (gp)
February 8, 2011 Filing 108 MDL Transmittal Letter Requesting Case from the Central District of California, Case Number 8:10-01493 - Vijay Patel et al. v. NCMIC Finance Corporation et al., with enclosed copy of the order of transfer from the Judicial Panel on Multidistrict Litigation. (gp)
February 8, 2011 Filing 107 TRANSFER ORDER (TO-dated 02/03/2011) from Judicial Panel on Multidistrict Litigation transferring case to the Southern District of Florida re: MDL Case No. 10-MD-2183 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to Judge Patricia A. Seitz. (Signed by John G. Heyburn II, Chairman of the Panel). (gp)
February 7, 2011 Filing 106 RESPONSE in Opposition re #69 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint, filed by Stephen G. Blank DDS, PA. (Gossett, Ronald)
February 3, 2011 Filing 120 CLERK'S NOTICE Receipt of Certificate of Understanding for Attorney Kenneth J. Catanzarite pursuant to DE #87 (ksa)
February 3, 2011 Filing 105 Third Party Summons Issued as to Dr. David Weigle. (gp)
February 3, 2011 Filing 104 Third Party Summons Issued as to Dr. Christopher Bowman. (gp)
February 3, 2011 Filing 103 Third Party Summons Issued as to Dr. Ryan Estelle. (gp)
February 3, 2011 Filing 102 Third Party Summons Issued as to Dr. Zalman Bacheikov. (gp)
February 3, 2011 Filing 101 Third Party Summons Issued as to Dr. Kathleen Kopecky-Groh. (gp)
February 3, 2011 Filing 100 Third Party Summons Issued as to Dr. Chandy Samuel. (gp)
February 3, 2011 Filing 99 Third Party Summons Issued as to Dr. Brent Johnson. (gp)
February 3, 2011 Filing 98 Third Party Summons Issued as to Dr. Spencer Young. (gp)
February 3, 2011 Filing 97 Third Party Summons Issued as to Dr. Robert Hicks. (gp)
February 3, 2011 Filing 96 Third Party Summons Issued as to Dr. Raymond Powell. (gp)
February 3, 2011 Filing 95 Third Party Summons Issued as to Dr. Sachin P Desai. (gp)
February 3, 2011 Filing 94 Third Party Summons Issued as to Dr. William Cregar. (gp)
February 3, 2011 Filing 93 Third Party Summons Issued as to Dr. Uri Elias. (gp)
February 3, 2011 Filing 92 Third Party Summons Issued as to Dr. Steve Klein. (gp)
February 3, 2011 Filing 91 Third Party Summons Issued as to Dr. John Foore. (gp)
February 3, 2011 Filing 90 Third Party Summons Issued as to Dr. James Carroll. (gp)
February 3, 2011 Filing 89 Third Party Summons Issued as to Dr. Stuart R Kalmus. (gp)
February 3, 2011 Filing 88 Third Party Summons Issued as to Dr. Thomas Brady. (gp)
February 2, 2011 Opinion or Order Filing 87 ORDER CONDITIONALLY Permitting Electronic Filing Privileges for Kenneth J. Catanzarite. Signed by Judge Patricia A. Seitz on 2/2/2011. **Please see Order for further details** (gp)
February 2, 2011 Opinion or Order Filing 86 ORDER DISMISSING DERIENZO ACTION. Frank Derienzo terminated. Case No. 10-cv-22973, DeRienzo v. Brican America, LLC is DISMISSED and Case is CLOSED. Signed by Judge Patricia A. Seitz on 2/2/2011. This document relates to: 1:10-md-2183-PAS, 1:10-cv-22973-PAS (gp)
February 2, 2011 Opinion or Order Filing 85 ORDER REQUIRING EXPEDITED BRIEFING on: #70 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint, #69 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint. (Responses shall be filed no later than 2/7/2011, Reply briefs shall be filed no later than 2/14/2011). Signed by Judge Patricia A. Seitz on 2/2/2011. (gp)
February 2, 2011 Set/Reset Answer Due Deadline per #84 Order: Salvatore M DeCanio, Jr. response due 2/15/2011; Lifestyle of Vision, Inc. response due 2/15/2011. (gp)
February 2, 2011 Opinion or Order Filing 84 ORDER Denying #62 Motion to Dismiss and Requiring DeCanio Defendants to Respond to Common Complaint. Defendants Salvatore M. DeCanio, Jr. and Lifestyle of Vision, Inc. shall file a response to the First Amended Common Complaint no later than February 15, 2011. Signed by Judge Patricia A. Seitz on 2/2/2011. (gp)
February 2, 2011 Filing 83 NCMIC & PSFS3 ANSWER and Affirmative Defenses to Amended Complaint Master, Amended THIRD PARTY COMPLAINT Against All 3d Party Defendants against Dr. Amir Khoshnevis by NCMIC and PSFS 3. (Attachments: #1 Supplement Volume 2, #2 Supplement Volume 3, #3 Supplement Volume 4)(Rodriguez, Catherine)
January 24, 2011 Filing 82 Initial Disclosure(s) Pursuant to Rule 26, Fed.R.Civ.P. by Brican America, Inc., Brican Financial Services, LLC (Fine, Alan)
January 24, 2011 Filing 81 NOTICE of Mediator Selection: Judge Nicholas Politan selected.(Rodriguez, Catherine)
January 20, 2011 Filing 80 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 79 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 78 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 77 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 76 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 75 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 74 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 73 Notice of Entry of Parties Listed on #72 Third Party Complaint filed by NCMIC and PSFS 3 into CM/ECF. (Rodriguez, Catherine)
January 20, 2011 Filing 72 THIRD PARTY COMPLAINT against Dr. Amir Khoshnevis, Dr Wanda Arden MD, filed by NCMIC and PSFS 3. (Attachments: #1 Exhibit vol 2, #2 Exhibit vol 3, #3 Exhibit vol 4)(Rodriguez, Catherine)
January 19, 2011 Opinion or Order Filing 71 ORDER Granting #66 Motion for Extension of Time to Select Mediator. The parties shall have until 1/24/2011 to select a mediator. Signed by Judge Patricia A. Seitz on 1/19/2011. (gp)
January 19, 2011 Filing 70 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint, by Jean Francois Vincens. Responses due by 2/7/2011 (Attachments: #1 Exhibit Declaration)(Fine, Alan)
January 19, 2011 Filing 69 MOTION to Dismiss for Lack of Jurisdiction #53 Amended Complaint, by Jack Lemacon, Jacques Lemacon. Responses due by 2/7/2011 (Attachments: #1 Exhibit Declaration)(Fine, Alan)
January 19, 2011 Filing 68 ANSWER and Affirmative Defenses to Amended Complaint Third Party Complaint by NCMIC and PSFS 3. (Attachments: #1 Exhibit volume 2, #2 Exhibit volume 3, #3 Exhibit volume 4)(Rodriguez, Catherine)
January 19, 2011 Filing 67 ANSWER and Affirmative Defenses to #53 First Amended Common Complaint, by Brican America, Inc., Brican Financial Services, LLC, Jean Francois Vincens. (Fine, Alan) **Modified text on 1/19/2011 (gp)** .
January 14, 2011 Filing 66 Agreed MOTION for Extension of Time to File Selection of Mediator by NCMIC and PSFS 3. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
January 13, 2011 Filing 64 NOTICE by Stephen G. Blank DDS, PA, NCMIC and PSFS 3 re #25 Pretrial Order, Scheduling Order,,,,,, of filing of Proposed Joint Agenda for Status Conference (Gossett, Ronald)
January 12, 2011 Filing 62 MOTION to Dismiss #31 Amended Complaint,,,,,,,,,,,,,,,,, by Salvatore M DeCanio, Jr.. Responses due by 1/31/2011 (Tomberg, Jeff)
January 11, 2011 Opinion or Order Filing 65 ORDER granting #61 Motion for Extension of Time to Answer re #53 Amended Complaint, Brican America, Inc. response due 1/19/2011; Brican America, LLC response due 1/19/2011; Brican Financial Services, LLC response due 1/19/2011; JJR Investments, LLC response due 1/19/2011; Jacques Lemacon response due 1/19/2011; Jean Francois Vincens response due 1/19/2011; Viso Lasik Medspas LLC response due 1/19/2011; Viso Lasik Medspas of San Antonio, LLC response due 1/19/2011.. Signed by Judge Patricia A. Seitz on 1/10/2011. (ra)
January 11, 2011 Opinion or Order Filing 63 ORDER granting #56 Motion to Continue Hearing Status Conference set for 2/17/2011 08:30 AM in Miami Division before Judge Patricia A. Seitz.. Signed by Judge Patricia A. Seitz on 1/10/2011. (ra)
January 7, 2011 Filing 61 Agreed MOTION for Extension of Time to File Answer RE: Complaints re #53 Amended Complaint, by Brican America, Inc., Brican America, LLC, Brican Financial Services, LLC, JJR Investments, LLC, Jacques Lemacon, Jean Francois Vincens, Viso Lasik Medspas LLC, Viso Lasik Medspas of San Antonio, LLC, Viso Lasik Medspas, LLC. (Fine, Alan)
January 6, 2011 Opinion or Order Filing 60 ORDER Granting #57 Motion for Extension of Time to Answer NCMIC and PSFS 3 response to the First Amended Complaint due 1/19/2011. Signed by Judge Patricia A. Seitz on 1/6/2011. (gp)
January 6, 2011 Opinion or Order Filing 59 ORDER Granting (55) in case 1:10-md-02183-PAS; (27) in case 1:10-cv-23307-PAS - Motion to Dismiss. Case No. 1:10-cv-23307 is DISMISSED without prejudice and is CLOSED. Plaintiffs' counsel in Case No. 1:10-cv-23307-PAS are absolved from further responsibility in this action. Signed by Judge Patricia A. Seitz on 1/6/2011. This document relates to: 1:10-md-2183-PAS, 1:10-cv-23307-PAS (gp)
January 6, 2011 Filing 58 NOTICE OF UNAVAILABILITY by NCMIC and PSFS 3 for dates of March 7, 2011 through April 7, 2011, (Rodriguez, Catherine)
January 6, 2011 Filing 57 Agreed MOTION for Extension of Time to File Answer RE: Complaints re #53 Amended Complaint, by NCMIC and PSFS 3. (Attachments: #1 Text of Proposed Order)(Rodriguez, Catherine)
January 6, 2011 Filing 56 Joint MOTION to Continue Status Conference Hearing set for January 19, 2011, at 8:30 a.m. by Stephen G. Blank DDS, PA. Responses due by 1/24/2011 (Attachments: #1 Text of Proposed Order)(Gossett, Ronald)
January 5, 2011 Filing 55 MOTION for Voluntary Dismissal without Prejudice by Paul W. Broome, Mark Gottlieb, Mark Hall, Ivo Horak, Carl Levine, Darren Levine, A. Dylan Reach, Rohit Sharma, James A. Stewart, Stuart Tasman, Tim Tippett, Kurt E. Treu, Daniel J. Tulman. Responses due by 1/24/2011. This document relates to: 1:10-md-2183-PAS, 1:10-cv-23307-PAS (gp)
January 5, 2011 Filing 54 RESPONSE TO ORDER TO SHOW CAUSE by Paul W. Broome, Mark Gottlieb, Mark Hall, Ivo Horak, Carl Levine, Darren Levine, A. Dylan Reach, Rohit Sharma, James A. Stewart, Stuart Tasman, Tim Tippett, Kurt E. Treu, Daniel J. Tulman. This document relates to: 1:10-md-2183-PAS, 1:10-cv-23307-PAS (gp)
January 5, 2011 Filing 53 First AMENDED COMPLAINT (Common) against all defendants (Howard is not a Defendant) against Lisa P. Howard, DDS, LLC, filed by Stephen G. Blank DDS, PA. (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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Gossett, Ronald)
December 23, 2010 Filing 52 NOTICE OF CONVENTIONAL FILING of #51 Second Amended Class Action Complaint, filed by Harold C McClendon, Gregory A Stainer, Sek har Chakka, Krupakar Yeturu, Charles Smurthwaite, Jaikrishnan R Kakanar, Timothy J Delaney DDS Inc, Timothy J Delaney, Frantz Backer, Advanced Dentistry of New York PLLC, Stanley Dintcho, Ebenezer Johnson, Gregory A Stainer MD FACS, Benjamin Braziel, Ramesh Kothari, Vijay Patel, Rex E Grizzle, Reza M Birjandi, Drs Ebenezer and Rachel Johnson DDS Inc, Michael W Wells. (gp)
December 23, 2010 Filing 51 SECOND AMENDED CLASS ACTION COMPLAINT against Brican America, Inc., Brican America, LLC, Jack Lemacon, NCMIC Finance Corporation, PSFS 3 Corporation, Jean Francois Vincens, Viso Lasik Medspas, LLC, filed by Harold C McClendon, Gregory A Stainer, Sekhar Chakka, Krupakar Yeturu, Charles Smurthwaite, Jaikrishnan R Kakanar, Timothy J Delaney DDS Inc, Timothy J Delaney, Frantz Backer, Advanced Dentistry of New York PLLC, Stanley Dintcho, Ebenezer Johnson, Gregory A Stainer MD FACS, Benjamin Braziel, Ramesh Kothari, Vijay Patel, Rex E Grizzle, Reza M Birjandi, Drs Ebenezer and Rachel Johnson DDS Inc, Michael W Wells. (gp)
December 22, 2010 Opinion or Order Filing 50 ORDER ON MOTION FOR CLARIFICATION - Denying #40 Motion for Clarification. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 12/23/2010. (gp)
December 22, 2010 Opinion or Order Filing 49 ORDER TO SHOW CAUSE as to why Plaintiffs' counsel in the Tasman and DeRienzo actions did not comply with the Court's #25 Pretrial Order. Show Cause Response due by 1/10/2011. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 12/22/2010. This document relates to: 1:10-md-2183-PAS, 1:10-cv-23307-PAS, 1:10-cv-22973-PAS (gp)
December 21, 2010 Opinion or Order Filing 48 ORDER Denying #34 Motion to Vacate ; Granting #36 Motion for Leave to File Second Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Patricia A. Seitz on 12/21/2010. (gp)
December 20, 2010 Opinion or Order Filing 47 STIPULATED PROTECTIVE ORDER. Signed by Judge Patricia A. Seitz on 12/20/2010. (gp)
December 20, 2010 Filing 46 REPLY to Response to Motion re #40 MOTION for clarification filed by NCMIC and PSFS 3. (Rodriguez, Catherine)
December 20, 2010 Opinion or Order Filing 45 ORDER REFERRING CASE to Mediation. All parties must participate in Mediation by 11/24/2011. Signed by Judge Patricia A. Seitz on 12/20/2010. **Please see Order for further details** (gp)
December 20, 2010 Opinion or Order Filing 44 ORDER SETTING TRIAL DATE, PRETRIAL DEADLINES and REFERRAL TO MAGISTRATE : (Pretrial Conference set for 8/24/2012 09:00 AM in Miami Division before Judge Patricia A. Seitz., Status Conference set for 1/19/2011 before Judge Patricia A. Seitz., Trial set for 9/24/2012 10:00 AM in Miami Division before Judge Patricia A. Seitz., Calendar Call set for 9/19/2012 01:15 PM in Miami Division before Judge Patricia A. Seitz., All Discovery must be completed by 12/16/2011., Motion for Class Certification/Plaintiff's Motion for Summary Judgment - Declaratory Judgment Master Complaint due by 9/1/2011., Joint Pretrial Stipulation due by 8/3/2012., Status Conference set for 4/14/2011 before Judge Patricia A. Seitz., Status Conference set for 7/22/2011 before Judge Patricia A. Seitz., Status Conference set for 11/4/2011 before Judge Patricia A. Seitz., Status Conference set for 2/3/2012 before Judge Patricia A. Seitz), ORDER REFERRING CASE to Magistrate Judge John J. O'Sullivan for All Discovery, and All Motions for Attorney's Fees, Costs and Sanctions. Signed by Judge Patricia A. Seitz on 12/20/2010. (gp)
December 17, 2010 Filing 43 Courtesy Copy of Affidavit of Nicole M. Catanzarite-Woodward, Esq. in Support of Plaintiffs' Supplemental Information in Support of Motion to Vacate Conditional Transfer Order (CTO-2) sent before the Judicial Panel on Multidistrict Litigation. (gp)
December 17, 2010 Filing 42 Courtesy Copy of Plaintiffs' Supplemental Information in Support of Motion to Vacate Conditional Transfer Order (CTO-2) sent before the Judicial Panel on Multidistrict Litigation. (gp)
December 16, 2010 Filing 41 RESPONSE to Motion re #40 MOTION for clarification filed by Peter M. Blauzvern DDS PC. Replies due by 12/27/2010. (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 Exhibit 9, #10 Exhibit 10)(Gossett, Ronald)
December 16, 2010 Filing 40 MOTION for clarification by NCMIC and PSFS 3. Responses due by 1/3/2011 (Attachments: #1 Transcripts, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Rodriguez, Catherine)
December 15, 2010 Filing 39 NOTICE OF CONVENTIONAL FILING of #38 Notice of Attorney Appearance, #35 Affidavit in Support of Motion, #36 MOTION to Amend/Correct, #34 MOTION to Vacate #25 Order Dismissing Complaint, #37 Affidavit in Support of Motion by Advanced Dentistry of New York PLLC, Frantz Backer, Reza M Birjandi, Benjamin Braziel, Sekhar Chakka, Timothy J Delaney, Stanley Dintcho, Drs Ebenezer and Rachel Johnson DDS Inc, Gregory A Stainer MD FACS, Rex E Grizzle, Jaikrishnan R Kakanar DDS Inc, Ebenezer Johnson, Jaikrishnan R Kakanar, Ramesh Kothari, Harold C McClendon, Vijay Patel, Charles Smurthwaite, Gregory A Stainer, Timothy J Delaney DDS Inc, Krupakar Yeturu. (gp)
December 15, 2010 Filing 38 NOTICE of Attorney Appearance and REQUEST to be Added to Electronic Service List by Kenneth Joseph Catanzarite on behalf of Advanced Dentistry of New York PLLC, Frantz Backer, Reza M Birjandi, Benjamin Braziel, Sekhar Chakka, Timothy J Delaney, Stanley Dintcho, Drs Ebenezer and Rachel Johnson DDS Inc, Gregory A Stainer MD FACS, Rex E Grizzle, Jaikrishnan R Kakanar DDS Inc, Ebenezer Johnson, Jaikrishnan R Kakanar, Ramesh Kothari, Harold C McClendon, Vijay Patel, Charles Smurthwaite, Gregory A Stainer, Timothy J Delaney DDS Inc, Krupakar Yeturu (gp)
December 15, 2010 Filing 37 AFFIDAVIT of Kenneth J. Catanzarite, Esq. in Support re #34 MOTION to Vacate #25 ORDER Dismissing Complaint (10-cv-22959).. (gp)
December 15, 2010 Filing 36 MOTION for Leave to File Second Amended Complaint by Advanced Dentistry of New York PLLC, Frantz Backer, Reza M Birjandi, Benjamin Braziel, Sekhar Chakka, Timothy J Delaney, Stanley Dintcho, Drs Ebenezer and Rachel Johnson DDS Inc, Gregory A Stainer MD FACS, Rex E Grizzle, Jaikrishnan R Kakanar DDS Inc, Ebenezer Johnson, Jaikrishnan R Kakanar, Ramesh Kothari, Harold C McClendon, Vijay Patel, Charles Smurthwaite, Gregory A Stainer, Timothy J Delaney DDS Inc, Krupakar Yeturu. Responses due by 1/3/2011 (gp)
December 15, 2010 Filing 35 AFFIDAVIT of Jenifer De Vera in Support re #34 MOTION to Vacate #25 ORDER Dismissing Complaint. (gp)
December 15, 2010 Filing 34 MOTION to Vacate and Set Aside #25 ORDER Dismissing Complaint (10-cv-22959) and Memorandum of Law by Advanced Dentistry of New York PLLC, Frantz Backer, Reza M Birjandi, Benjamin Braziel, Sekhar Chakka, Timothy J Delaney, Stanley Dintcho, Drs Ebenezer and Rachel Johnson DDS Inc, Gregory A Stainer MD FACS, Rex E Grizzle, Jaikrishnan R Kakanar DDS Inc, Ebenezer Johnson, Jaikrishnan R Kakanar, Ramesh Kothari, Harold C McClendon, Vijay Patel, Charles Smurthwaite, Gregory A Stainer, Krupakar Yeturu. Responses due by 1/3/2011 (gp)
December 14, 2010 Filing 33 Notice of Entry of Parties Listed (Charlip, David)
December 13, 2010 Filing 32 Notice of Entry of Parties Listed on #31 Amended Complaint,,,,,,,,,,,,,,,,, filed by 20/20 Vision Clinic, LLP, Jeffrey Tweedy, Mario Barrera, Ivan Rosenthal, Joel Vaccarezza, Pedro Mora-Rosa, Eyes On The Bay, PA, Keith A. Colwell, DDS, PC, Michael L. Grace, O.D., P.A., Spex in the City, LLC, Francine Camporeale, Coral Springs Eye Center, Chartered, Fredrick Cloninger, Radzwill Optometric Associates, Chartered, Tad Kosanovich, Gregory Hom, M. Cowan & Associates, D.D.S., P.A., Kenneth Rasbornik, East Lyme Family & Cosmetic Dentistry, Steven Wigdor O.D., P.A., Dr. Ronald N. Smith, Optometrist, Inc., Barrera Optical, Inc., Adriana Porter, Donald Newman, Paul Mormon, Behdad Omrani, Antonio Barcias, Marciano Family Optometric, P.A., Daniel Del Castillo, Ross Palioca, Alan Baribeau, Neelofar Khan, Sanjeev Sharma, Robert Easton, Eyad Shehadeh, DDS, PA, Peter Scerbo DMD, P.A., Sandra Barker, Eye Health & Vision Center, P.A., Barry Rosenberg, Raymond E. Schwartz, P.A., Adelaida Guarin, Emanuel Graziano, Sharon Haas, Angel Lopez, Lori Bende, Douglas Machiela, Philip K. Haiman & Associates, P.A., Keith Colwell, Fred Buettner, Chanbo Sim, Mark Hamilton, Edward Walker, Dr. Matos's Growing Smiles, PA, Lori J. Bende, O.D., Professional Optometric Corp., Katy Periodontics Management, Inc., James Stephens, John Blaisdell, Blaisdell Dental Center, P.A., Fred Grimes, Marc Flesher, Kenneth Mogell, Greg Pientka, Melvin Kasanoff, Robert Heinrich, Family Vision Center, P.A., Timothy Hale, Tryphose Charles, DMD, Miguel Pulido, Philippe Morisseau, Edward Busch, Terry Van Der Heyden, Wesley B. Smith, DDS, PA, Alfred Johnson, Ronald Smith, Edward B. Busch, DMD, PA, Beville Dental Care, Ragsdale & Martin Optical, Inc., Daniel Mashoof, Rodrick Keener, Steven Wigdor, Alan Grossman, Neil Elliot, Roarke Miller, Lori Mazza, Wade Winker, Beautiful Smiles Dental Care, Richard Kernagis, Frank Paletta, Daniel Del Castillo, D.M.D., P.A., Kenneth Dobson, Gilbert Principe, Oakwood Dental Arts, LLC, John Sherer, Edward Chermol, Brandee Marciano, Kaufman Eyecare Center, Gerry Casazza, Robert M. Easton Jr. O.D., P.A., Barry Simon, Norman Dery, David Austin, Michael J. Fernandez, D.M.D., P.A., Stephen Obrochta, Christopher Seppi, Mitchell Josephs, Roland Park Vision Services, Aaron Collins, Mitchell A. Josephs, D.D.S., P.A., Philip Haiman, Thomas Jacka, Bethany Brenner, Michael Martin, Cedarhurst Dental Office, Eyad Shehadeh, Michael Fernandez, Vito Guario, Premier Dental, Bruce Hyatt, E. Wayne Simmons, Sandford Kaufman, Palm Vision Center, Inc., Christopher Carroll, Alan Heap, Jeffrey Riso, Laurence Grayhills, Grayhills, Mohip Dental & Associates of Wellington, Anthony Gulde, Rafael Palanganas, Peter Scerbo, All Eyes Optical, Inc., Wesley Smith, Michael Grace, Christopher S. Carroll, D.D.S., P.C., Enrico Core, Justin Chien, Chad Hess, Nicholas Papapetros, Elliott Stupp, Ali Sarkarzadeh, David Rubin, Samuel Chandy, Janiene Gresla, Charles Porch, Manuel Gonzalez, Joseph Palumbo, Align Orthodontics, Dirk Hagen, Joel David, E. Wayne Simmons, D.M.D. Prosthodontist, P.C., Alan R. Heap, D.M.D., P.A., Duey Handy, Lisa Peters, Advantage Family Vision Center, Albert Arcand, Kenneth A. Mogell, DMD, PA, Erick Gray, David Discher, Paul Clark, Eric M Radzwill OD, Jeffrey Klein, Carmine Morreale, Freedman & Haas, PA, Kenneth Gallinger, Stephen Allison, George Miffleton, Lakeside Family Dentistry, P.L., Terry Friedman, Obrochta Center for Dental Health Stephen P. Obrochta DDS, PA, Falls Cosmetic Dental Center, Steven R Koganovsky, O.D., Palm Beach Eyes of Boynton Beach, George Flugrad, Steven Anhalt, Richard M. Kernagis, D.M.D., P.A., James Carazola, Emerald West Family Dentistry, PLLC, Wade G. Winker, DDS, PA, Richard Norman, John Brown, Michael Ancona into CM/ECF. (Charlip, David)
December 13, 2010 Filing 31 Second AMENDED COMPLAINT against Brican America, Inc., Brican America, LLC, Brican Financial Services, LLC, NCMIC Finance Corporation, NCMIC and PSFS 3, Professional Solutions Financial Services, filed by Lori J. Bende, O.D., Professional Optometric Corp., Michael L. Grace, O.D., P.A., Daniel Del Castillo, Premier Dental, Kenneth Mogell, Michael Martin, All Eyes Optical, Inc., Christopher S. Carroll, D.D.S., P.C., Lori Mazza, Ragsdale & Martin Optical, Inc., Coral Springs Eye Center, Chartered, Chad Hess, Lakeside Family Dentistry, P.L., Sandford Kaufman, Sharon Haas, Michael J. Fernandez, D.M.D., P.A., Oakwood Dental Arts, LLC, Antonio Barcias, Align Orthodontics, Samuel Chandy, Philip K. Haiman & Associates, P.A., 20/20 Vision Clinic, LLP, Peter Scerbo, David Rubin, Neelofar Khan, Laurence Grayhills, Chanbo Sim, Steven Anhalt, Steven Wigdor, Anthony Gulde, Barrera Optical, Inc., Joel Vaccarezza, Keith A. Colwell, DDS, PC, Eyad Shehadeh, DDS, PA, Elliott Stupp, Brandee Marciano, Marciano Family Optometric, P.A., Wesley Smith, Cedarhurst Dental Office, Radzwill Optometric Associates, Chartered, E. Wayne Simmons, Stephen Obrochta, Terry Van Der Heyden, Mitchell Josephs, Eyad Shehadeh, Robert Easton, Melvin Kasanoff, Daniel Del Castillo, D.M.D., P.A., Neil Elliot, Kenneth A. Mogell, DMD, PA, Mark Hamilton, Emanuel Graziano, Edward Busch, Joseph Palumbo, Tryphose Charles, DMD, Kenneth Gallinger, Robert M. Easton Jr. O.D., P.A., Thomas Jacka, Tad Kosanovich, Charles Porch, M. Cowan & Associates, D.D.S., P.A., Alan Heap, Steven Wigdor O.D., P.A., Beville Dental Care, Michael Ancona, Stephen Allison, Katy Periodontics Management, Inc., John Blaisdell, Manuel Gonzalez, Michael Fernandez, Ronald Smith, Roland Park Vision Services, Sandra Barker, Behdad Omrani, Kaufman Eyecare Center, Richard M. Kernagis, D.M.D., P.A., Sanjeev Sharma, Family Vision Center, P.A., Timothy Hale, Palm Vision Center, Inc., Mario Barrera, Ivan Rosenthal, Keith Colwell, Edward Walker, Wade Winker, Dr. Ronald N. Smith, Optometrist, Inc., Edward B. Busch, DMD, PA, Michael Grace, Vito Guario, Eyes On The Bay, PA, John Sherer, Christopher Seppi, Wade G. Winker, DDS, PA, James Stephens, Palm Beach Eyes of Boynton Beach, Raymond E. Schwartz, P.A., Rodrick Keener, Wesley B. Smith, DDS, PA, Richard Kernagis, Beautiful Smiles Dental Care, Steven R Koganovsky, O.D., Christopher Carroll, Lori Bende, Grayhills, Mohip Dental & Associates of Wellington, Adriana Porter, Alan Grossman, E. Wayne Simmons, D.M.D. Prosthodontist, P.C., Eye Health & Vision Center, P.A., Bruce Hyatt, Mitchell A. Josephs, D.D.S., P.A., Barry Simon, Obrochta Center for Dental Health Stephen P. Obrochta DDS, PA, East Lyme Family & Cosmetic Dentistry, James Carazola, Jeffrey Tweedy, Emerald West Family Dentistry, PLLC, Peter Scerbo DMD, P.A., Greg Pientka, Alfred Johnson, Bethany Brenner, Alan R. Heap, D.M.D., P.A., Philip Haiman, Fred Buettner, Spex in the City, LLC, Advantage Family Vision Center, Freedman & Haas, PA, Eric M Radzwill OD, Blaisdell Dental Center, P.A., Dr. Matos's Growing Smiles, PA, Falls Cosmetic Dental Center, Roarke Miller, Jeffrey Klein, Duey Handy, Kenneth Dobson, Fredrick Cloninger, Erick Gray, Marc Flesher, Janiene Gresla, Paul Mormon, Angel Lopez, Pedro Mora-Rosa, Robert Heinrich, Alan Baribeau, Francine Camporeale, George Miffleton, Ross Palioca, Kenneth Rasbornik, David Discher, Richard Norman, Joel David, Philippe Morisseau, Frank Paletta, Ali Sarkarzadeh, Terry Friedman, Paul Clark, Douglas Machiela, Enrico Core, Jeffrey Riso, Justin Chien, John Brown, Fred Grimes, Norman Dery, Gregory Hom, Rafael Palanganas, Daniel Mashoof, Donald Newman, Adelaida Guarin, Albert Arcand, Edward Chermol, David Austin, Lisa Peters, Dirk Hagen, Barry Rosenberg, Miguel Pulido, Nicholas Papapetros, Gilbert Principe, Behdad Omrani, George Flugrad, Gerry Casazza, Aaron Collins, Carmine Morreale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Charlip, David)
December 13, 2010 Filing 30 AMENDED COMPLAINT (Common Complaint) filed against Brican America, Inc., Brican America, LLC, Brican Financial Services, LLC, Salvatore M DeCanio, Jr., JJR Investments, LLC, Jack Lemacon, Jacques Lemacon, Lifestyle of Vision, Inc., NCMIC Finance Corporation, NCMIC and PSFS 3, PSFS 3 Corporation, Viso Lasik Medspas LLC, Viso Lasik Medspas of San Antonio, LLC, Viso Lasik Medspas, LLC filed in response to Order Granting Motion for Leave, filed by Stephen G. Blank DDS, PA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gossett, Ronald)
December 9, 2010 Filing 29 Second AMENDED COMPLAINT against all defendants against Lisa P. Howard, DDS, LLC filed in response to Order Granting Motion for Leave, filed by Peter M. Blauzvern DDS PC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gossett, Ronald)
December 8, 2010 Filing 28 NOTICE of Change of Address by Catherine Magdalena Rodriguez (Rodriguez, Catherine)
December 8, 2010 Filing 27 NOTICE of Attorney Appearance by Catherine Magdalena Rodriguez on behalf of NCMIC and PSFS 3 (Rodriguez, Catherine)
December 6, 2010 Opinion or Order Filing 26 OMNIBUS ORDER on Procedural Motions and Motions to Strike Portions of Blauzvern Complaint - Denying (12) Motion to Transfer; Denying (13) Motion to Strike ; Granting (16) Motion to Strike the Jury Demand ; Denying (50) Motion to Stay in case 1:10-cv-20782-PAS; Denying (10) Motion to Transfer; Denying (38) Motion to Stay; Denying (41) Motion to Enjoin in case 1:10-cv-21608-PAS. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 12/6/2010. (gp)
December 6, 2010 Opinion or Order Filing 25 PRETRIAL ORDER # 1 Following December 2, 2010 Status Conference - The next Status Conference shall take place on 1/19/2011 08:30 AM in Miami Division before Judge Patricia A. Seitz., The Parties shall submit a proposed Case Management Plan in accordance with the deadlines discussed at the Conference no later than 12/10/2010; The Parties shall also submit a proposed Confidentiality Order no later than 12/10/2010.). The Court hereby appoints Defendants' Liaison Counsel Catherine Rodriguez, Esq., through 12/31/2011. The Court hereby appoints as Plaintiffs' Lead Counsel Ronald P. Gossett, Esq., through 12/31/2010. The Patel Complaint (1:10-cv-22959-PAS) is DISMISSED without prejudice. **Please see Order for further details**. Signed by Judge Patricia A. Seitz on 12/6/2010. (gp)
December 2, 2010 Filing 24 Minute Entry for proceedings held before Judge Patricia A. Seitz: Status Conference held on 12/2/2010. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw)
November 29, 2010 Filing 23 MOTION to Amend/Correct 5 Acknowledgment of Receipt for leave to amend complaint and add parties by Peter M. Blauzvern DDS PC. Responses due by 12/16/2010 (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Text of Proposed Order)(Gossett, Ronald)
November 26, 2010 Filing 22 NOTICE of Compliance (Supplemental) re Master Complaint by Peter M. Blauzvern DDS PC re #13 Order, Set/Reset Deadlines/Hearings,,,,,, (Gossett, Ronald)
November 24, 2010 Filing 21 SCHEDULING REPORT - Rule 26(f) by IN RE: Brican America LLC Equipment Lease Litigation (Gossett, Ronald)
November 23, 2010 Opinion or Order Filing 20 ORDER Granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael I. Verde and Michael F. Gallagher. Signed by Judge Patricia A. Seitz on 11/23/2010. (gp)
November 23, 2010 Opinion or Order Filing 19 ORDER Granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing of Edward N. McConnell. Signed by Judge Patricia A. Seitz on 11/23/2010. (gp)
November 19, 2010 Filing 18 NOTICE by David H Charlip of Filing of Application for Appointment as Lead Counsel (Attachments: #1 Exhibit "A")(Charlip, David)
November 19, 2010 Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward N. McConnell. Filing Fee $ 75.00. Receipt # 9797. (gp)
November 17, 2010 Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael I. Verde and Michael F. Gallagher. Filing Fee $ 150.00. Receipt # 9728. (gp)
November 17, 2010 Filing 15 MOTION to Appoint Lead Counsel Ronald P. Gossett by Peter M. Blauzvern DDS PC. Responses due by 12/6/2010 (Attachments: #1 Exhibit (firm resume))(Gossett, Ronald)
November 12, 2010 Filing 14 NOTICE of Compliance re Plaintiffs' Desirability of Working From Master Complaint (on behalf of all Plaintiffs' counsel) by Peter M. Blauzvern DDS PC re #13 Order, Set/Reset Deadlines/Hearings,,,,,, (Gossett, Ronald)
November 4, 2010 Opinion or Order Filing 13 ORDER SETTING CASE MANAGEMENT SCHEDULING CONFERENCE (Plaintiffs' counsel shall file a statement no later than 11/12/2010 indicating whether they wish to work from a master complaint. The Parties shal jointly submit to the Court by 11/24/2010 a preliminary report addressing, in separate sections, their consensus or respective positions regarding each of the issues identified in this order., An Initial Conference in the above-styled case is set for 12/2/2010 08:30 AM in Miami Division before Judge Patricia A. Seitz. Applications for the positions of Plaintiffs' lead counsel as well as Plaintiffs' liaison counsel must be filed no later than 11/22/2010). Signed by Judge Patricia A. Seitz on 11/4/2010. **Please see Order for further details** (gp)
November 1, 2010 Filing 12 Plaintiffs' Corporate Disclosure Statement. (gp)
September 22, 2010 Filing 11 MDL Transfer In Case Receipt from Georgia Northern; Case Number 1:10-cv-01807. Electronic file consisting of documents numbered 1-7. Assigned Case No. 1:10-cv-23307-PAS on 9/14/2010. In Re: SDFL MDL Conditional Transfer Order (CTO-1) at DE # (18 in 1:10-cv-23307-PAS). See docket sheet at DE # (8 in 1:10-md-02183-PAS).(gp)
September 14, 2010 Filing 10 MDL Transfer In Case Receipt from New Jersey; Case Number 2:10-cv-01173. Electronic file consisting of documents 1-14. Assigned Case No. 1:10-cv-22973-PAS on 8/18/2010. In Re: MDL Conditional Transfer Order at DE # (1 in 1:10-md-02183-PAS). See Docket Sheet at DE # (15 in 1:10-cv-22973-PAS). (gp)
September 13, 2010 Filing 9 MDL Transmittal Letter Requesting Case from the Northern District of Georgia, Case Number 1:10-1807 Stuart Tasman, et al. v. Brican America, Inc., et al., with enclosed copy of the order of transfer from the Judicial Panel on Multidistrict Litigation. (gp)
September 13, 2010 Filing 8 CONDITIONAL TRANSFER ORDER (CTO-1) from Judicial Panel on Multidistrict Litigation transferring case, to the Southern District of Florida re: MDL Case No. 10-MD-2183 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to Judge Patricia A. Seitz. (Signed by John G. Heyburn II, Chairman of the Panel) (Attachments: #1 Panel Service List) (gp)
September 13, 2010 Filing 7 MDL Transfer In Case Receipt from California Central; Case Number 8:10-cv-00453. Electronic file consisting of documents numbered 1-28. Assigned Case # 1:10-cv-22959-PAS on 8/17/2010. re: SDFL MDL Conditional Transfer Order at DE # (1 in 1:10-md-02183-PAS). See Docket Sheet at DE # (29 in 1:10-cv-22959-PAS). (gp)
September 7, 2010 Filing 6 MDL Transfer In Case Receipt from Southern District of Florida; Case No. 1:10-cv-21608-PAS. Original file with documents 1-47. re: SDFL MDL Case No. 1:10-md-02183. (gp)
August 27, 2010 Filing 5 MDL Transfer In Case Receipt from Southern District of Florida; Case No. 1:10-cv-20782-PAS. Original file with documents 1-56. re: SDFL MDL Case No. 1:10-md-02183. (gp)
August 16, 2010 Filing 4 MDL Transmittal Letter Requesting Case from the District of New Jersey, Case Number 2:10-1173 Dr. Frank Derienzo v. Brican America, LLC, et al., with enclosed copy of the order of transfer from the Judicial Panel on Multidistrict Litigation. (gp)
August 16, 2010 Filing 3 MDL Transmittal Letter Requesting Case from the Central District of California, Case Number 8:10-453 Vijay Patel, et al. v. NCMIC Finance Corp., et al., with enclosed copy of the order of transfer from the Judicial Panel on Multidistrict Litigation. (gp)
August 12, 2010 Filing 2 Rules of Procedure of the Judicial Panel on Multidistrict Litigation (gp)
August 12, 2010 Filing 1 TRANSFER ORDER (Dated 08/12/2010) from Judicial Panel on Multidistrict Litigation transferring case to the Southern District of Florida re: MDL Case No. 10-MD-2183 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to Judge Patricia A. Seitz. (Signed by John G. Heyburn II, Chairman of the Panel) (Attachments: #1 Panel Service List) (gp)

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Search for this case: IN RE: Brican America LLC Equipment Lease Litigation
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Consolidated plaintiff: Edward Busch
Represented By: David H. Charlip
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Consolidated plaintiff: OD Steven Wigdor
Represented By: Ronald Pendl Gossett
Represented By: David H. Charlip
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Consolidated plaintiff: Benjamin Gamm
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: James L. Carazola, D.M.D., P.A.
Represented By: David H. Charlip
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Consolidated plaintiff: Chanbo Sim
Represented By: David H. Charlip
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Consolidated plaintiff: Signature Smiles, PC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: John Sherer
Represented By: David H. Charlip
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Consolidated plaintiff: David C Suh
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: John T Uetsuki
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Lisa P. Howard, DDS, PC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Eric S Smith
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: John Blaisdell
Represented By: David H. Charlip
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Consolidated plaintiff: Brian G DePetris
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Tod Garner
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Debra Glassman
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Geoffrey A Banga
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Stanley D Halpern
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Rohit Sharma
Represented By: Jeffrey Filipovits
Represented By: Aubrey Thompson Villines, Jr.
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Consolidated plaintiff: 20/20 Vision Clinic, LLP
Represented By: Ronald Pendl Gossett
Represented By: David H. Charlip
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Consolidated plaintiff: J Philip Wiygul
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Chadds Ford Dental Associates, Inc.
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Joseph R Kenneally
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Jeffrey Tweedy
Represented By: David H. Charlip
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Consolidated plaintiff: Tad Kosanovich
Represented By: David H. Charlip
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Consolidated plaintiff: Joel Vaccarezza
Represented By: David H. Charlip
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Consolidated plaintiff: Tim Tippett
Represented By: Jeffrey Filipovits
Represented By: Aubrey Thompson Villines, Jr.
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Consolidated plaintiff: East Lyme Family & Cosmetic Dentistry
Represented By: David H. Charlip
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Consolidated plaintiff: Ira D. Koeppel, PC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Sid Morse
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Larry J Moray
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Roland Park Vision Services
Represented By: David H. Charlip
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Consolidated plaintiff: David C. Suh DDS, Inc.
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Philip Haiman
Represented By: David H. Charlip
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Consolidated plaintiff: Harold C McClendon
Represented By: Robert S. Green
Represented By: Nicole M. Catanzarite-Woodward
Represented By: Kenneth Joseph Catanzarite
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Consolidated plaintiff: Valery Sweeny DDS
Represented By: Nicole M. Catanzarite-Woodward
Represented By: Kenneth Joseph Catanzarite
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Consolidated plaintiff: John D. Sherer, DMD, PA
Represented By: David H. Charlip
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Consolidated plaintiff: Ivan Rosenthal
Represented By: David H. Charlip
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Consolidated plaintiff: Peter Scerbo
Represented By: David H. Charlip
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Consolidated plaintiff: Troy R Lindh
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Adam B Bryan
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Randall B Smith
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Benjamin W Dreksler
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Deogsoo Roh
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Lucy S. Lee OD, PLLC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Jennifer Goldman
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Nathan W. Tilman DDS, PC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Daniel Mirkin
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Jason D. Lewis DDS PA
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Brandee Marciano
Represented By: David H. Charlip
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Consolidated plaintiff: Dr. Frank Derienzo
Represented By: Keith A. McKenna
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Consolidated plaintiff: Mountain Lakes Dental Associates, PA
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Edward Walker
Represented By: David H. Charlip
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Consolidated plaintiff: Timothy J Delaney
Represented By: Robert S. Green
Represented By: Nicole M. Catanzarite-Woodward
Represented By: Kenneth Joseph Catanzarite
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Consolidated plaintiff: William E Faulkner DDS Inc
Represented By: Nicole M. Catanzarite-Woodward
Represented By: Kenneth Joseph Catanzarite
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Consolidated plaintiff: Neelofar Khan
Represented By: David H. Charlip
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Consolidated plaintiff: Dwight W Barnes
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Stephen Allison
Represented By: David H. Charlip
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Consolidated plaintiff: Laura Vizzari
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Raymond Lawrence
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Eric M Radzwill OD
Represented By: David H. Charlip
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Consolidated plaintiff: Fred R. Shanks OD, LLC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Eric S. Smith, DDS, PC
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Drs Ebenezer and Rachel Johnson DDS Inc
Represented By: Robert S. Green
Represented By: Nicole M. Catanzarite-Woodward
Represented By: Kenneth Joseph Catanzarite
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Consolidated plaintiff: Barbara K. Webster
Represented By: Ronald Pendl Gossett
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Consolidated plaintiff: Blaisdell Dental Center, P.A.
Represented By: David H. Charlip
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Consolidated plaintiff: E. Wayne Simmons, D.M.D. Prosthodontist, P.C.
Represented By: David H. Charlip
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Consolidated plaintiff: Casey S Butterfield
Represented By: Ronald Pendl Gossett
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