Todorovich v. Accrediting Bureau of Health Education Schools, Inc.
Plaintiff: Todorovich and Katarina Todorovich
Defendant: Accrediting Bureau of Health Education Schools, Inc.
Case Number: 1:2017cv20744
Filed: February 24, 2017
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Cecilia M Altonaga
Referring Judge: John J O'Sullivan
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 21, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2017 Opinion or Order Filing 67 ORDER granting #66 Motion Renewed Request for Entry of Judgment of Dismissal with Prejudice on a Separate Document. Signed by Judge Cecilia M. Altonaga on 11/21/2017. (ps1)
November 20, 2017 Filing 66 MOTION Defendant's Renewed Request for Entry of Judgment of Dismissal with Prejudice on a Separatge Document by Accrediting Bureau of Health Education Schools, Inc.. (Attachments: #1 Text of Proposed Order)(Polk, Edward)
October 31, 2017 Opinion or Order Filing 65 ORDER denying #55 Motion for Clarification. Signed by Judge Cecilia M. Altonaga on 10/31/2017. (ps1)
September 20, 2017 Filing 64 REPLY to Response to Motion re #62 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #53 Order on Motion to Dismiss for Failure to State a Claim, to Defendants Response in Opposition (Dkt. #58) to Plaintiffs Motion For Clarification, Amendment, or Reconsideration (Dkt. #55) of this Courts Order of July 24, 2017 (Dkt. #53) filed by Katarina Todorovich. (Attachments: #1 Exhibit A)(Roller, K.)
September 15, 2017 Opinion or Order Filing 63 ORDER granting #62 in part Motion for Extension of Time. Plaintiffs have until September 22, 2017 to file their reply. Signed by Judge Cecilia M. Altonaga (CMA)
September 15, 2017 Filing 62 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #53 Order on Motion to Dismiss for Failure to State a Claim, by Katarina Todorovich. (Roller, K.)
September 1, 2017 Opinion or Order Filing 61 ORDER granting #59 Plaintiff's MOTION for Extension of Time to File Reply as to #58 Response in Opposition to Motion to #55 MOTION for clarification of #53 Order on Motion to Dismiss for Failure to State a Claim, . Plaintiffs have until September 11, 2017, to file a reply. Signed by Judge Cecilia M. Altonaga on 9/1/2017. (wc)
September 1, 2017 Opinion or Order Filing 60 ORDER denying #59 Motion for Extension of Time to File Response/Reply/Answer due to the failure to submit a proposed order as is required by the Rules. Signed by Judge Cecilia M. Altonaga (CMA)
September 1, 2017 Filing 59 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #58 Response in Opposition to Motion, TO DEFENDANTS RESPONSE IN OPPOSITION (DKT.#58) TO PLAINTIFFS MOTION FOR CLARIFICATION, AMENDMENT, OR RECONSIDERATION (DKT. #55) OF THE COURTS ORDER by Katarina Todorovich. (Roller, K.)
August 24, 2017 Filing 58 RESPONSE in Opposition re #55 MOTION for clarification #53 Order on Motion to Dismiss for Failure to State a Claim, filed by Accrediting Bureau of Health Education Schools, Inc.. Replies due by 8/31/2017. (Polk, Edward)
August 16, 2017 Opinion or Order Filing 57 ORDER denying #54 Motion for Judgment. Defendant may re-file its motion after the Court has ruled on Plaintiff's Motion for Reconsideration [ECF No. 55], filed on this day. Signed by Judge Cecilia M. Altonaga (CMA)
August 16, 2017 Filing 56 RESPONSE in Opposition re #54 Defendant's MOTION for Judgment of Dismissal with Prejudice on Seperate Document "in opposition to Defendants Motion For Entry Of Judgment Of Dismissal with Prejudice On A Separate Document (D.E. 54)." filed by Katarina Todorovich. Replies due by 8/23/2017. (Roller, K.)
August 16, 2017 Filing 55 MOTION for clarification #53 Order on Motion to Dismiss for Failure to State a Claim, by Katarina Todorovich. Responses due by 8/30/2017 (Roller, K.)
August 4, 2017 Filing 54 Defendant's MOTION for Judgment of Dismissal with Prejudice on Seperate Document by Accrediting Bureau of Health Education Schools, Inc.. (Spital, Jeanne)
July 24, 2017 Opinion or Order Filing 53 ORDER granting #47 Motion to Dismiss for Failure to State a Claim. The Clerk is directed to mark this case CLOSED, and all pending motions are DENIED as moot. Signed by Judge Cecilia M. Altonaga on 7/24/2017. (wc) 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.
June 16, 2017 Filing 52 REPLY to Response to Motion re #47 Defendant's MOTION TO DISMISS #40 Amended Complaint FOR FAILURE TO STATE A CLAIM With Prejudice filed by Accrediting Bureau of Health Education Schools, Inc.. (Polk, Edward)
June 9, 2017 Opinion or Order Filing 51 ORDER granting #48 Motion to Stay. Discovery with respect to all issues is STAYED until such time as the Motion to Dismiss is resolved. The deadlines set forth in the Order Setting Trial [ECF No. 18] are SUSPENDED until further notice. Signed by Judge Cecilia M. Altonaga on 6/9/2017. (ps1)
June 9, 2017 Filing 50 RESPONSE in Opposition re #47 Defendant's MOTION TO DISMISS #40 Amended Complaint FOR FAILURE TO STATE A CLAIM With Prejudice filed by Katarina Todorovich. Replies due by 6/16/2017. (Attachments: #1 Exhibit Exhibit A to PLAINTIFFS RESPONSE AND MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS CLASS ACTION AMENDED COMPLAINT [D.E. 47] IN COMPLIANCE WITH COURTS ORDER ENTERED ON JUNE 8, 2017 (D.E. 49])(Roller, K.)
June 8, 2017 Opinion or Order Filing 49 ORDER setting deadline as to #47 Defendant's MOTION TO DISMISS #40 Amended Complaint FOR FAILURE TO STATE A CLAIM With Prejudice: Responses due by 6/9/2017. Signed by Judge Cecilia M. Altonaga on 6/8/2017. (ps1)
June 6, 2017 Filing 48 Defendant's MOTION to Stay Merits Discovery by Accrediting Bureau of Health Education Schools, Inc.. Responses due by 6/20/2017 (Polk, Edward)
May 24, 2017 Filing 47 Defendant's MOTION TO DISMISS #40 Amended Complaint FOR FAILURE TO STATE A CLAIM With Prejudice by Accrediting Bureau of Health Education Schools, Inc.. Responses due by 6/7/2017 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Spital, Jeanne)
May 16, 2017 Opinion or Order Filing 46 ORDER denying #42 Motion for Class Action. Signed by Judge Cecilia M. Altonaga on 5/16/2017. (ps1)
May 16, 2017 Filing 45 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Status Conference held on 5/16/2017. Total time in court: 10 minutes. Attorney Appearance(s): Edward Samuel Polk, K. Brian Roller, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (av00)
May 11, 2017 Filing 44 PAPERLESS NOTICE Setting Telephonic Hearing on #42 Motion for Miscellaneous Relief : Telephonic Status Conference set for 5/16/2017 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. (wc)
May 11, 2017 Filing 43 Clerks Notice to Filer re #40 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (pes)
May 10, 2017 Filing 42 MOTION for DECLARATION PLAINTIFFS MOTION FOR DECLARATION OF A CLASS ACTION AS TO FORMER EMPLOYEES OF DADE MEDICAL COLLEGE, INC. by Katarina Todorovich. (Roller, K.) Modified to motion on 5/11/2017 (wc).
May 10, 2017 Opinion or Order Filing 41 ORDER denying as moot #39 Motion to Dismiss. Signed by Judge Cecilia M. Altonaga on 5/10/2017. (ps1)
May 10, 2017 Filing 40 AMENDED COMPLAINT CLASS ACTION AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Katarina Todorovich.(Roller, K.)
April 28, 2017 Filing 39 Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Accrediting Bureau of Health Education Schools, Inc.. Responses due by 5/12/2017 (Spital, Jeanne)
April 25, 2017 Opinion or Order Filing 38 ORDER denying #19 Motion to Remand to State Court. Defendant has until May 2, 2017 to file its response to the Complaint. Signed by Judge Cecilia M. Altonaga on 4/25/2017. (ps1)
April 25, 2017 Set/Reset Answer Due Deadline: Accrediting Bureau of Health Education Schools, Inc. response due 5/2/2017. (ps1)
April 17, 2017 Filing 37 Statement of: Defendant's Supplemental Response To Comply With April 12, 2017 Order To File Supplemental Position Statement by Accrediting Bureau of Health Education Schools, Inc. re #32 Order, Set/Reset Deadlines,, (Spital, Jeanne)
April 17, 2017 Filing 36 Initial Disclosure(s) of Rule 26(a)(1) In Compliance With The Court's Order Entered on April 12, 2017 Re: #32 Order, Set/Reset Deadlines,, by Accrediting Bureau of Health Education Schools, Inc. (Spital, Jeanne)
April 14, 2017 Filing 35 Statement of: PLAINTIFFS SUPPLEMENTAL POSITION STATEMENT REGARDING FEDERAL SUBJECT MATTER JURISDICTION UNDER THE CAFA AND 28 U.S.C. SECTION 1332 IN COMPLIANCE WITH THE COURTS APRIL 12, 2017 ORDER [DKT. #32] by Katarina Todorovich re #32 Order, Set/Reset Deadlines,, (Roller, K.)
April 14, 2017 Opinion or Order Filing 34 ORDER terminating #33 Motion for Disclosure. This document was improperly uploaded as a motion. Signed by Judge Cecilia M. Altonaga (CMA)
April 14, 2017 Filing 33 MOTION for Disclosure PLAINTIFFS RULE 26(A)(1) DISCLOSURES IN COMPLIANCE WITH THE COURTS ORDER ENTERED ON APRIL 12, 2017 (DKT. #32) by Katarina Todorovich. (Roller, K.)
April 12, 2017 Opinion or Order Filing 32 ORDER that the parties shall exchange their initial disclosures by April 17, 2017, and by April 18, 2017 each party shall file supplemental position statements regarding federal subject matter jurisdiction under the CAFA and 28 U.S.C. section 1332. Signed by Judge Cecilia M. Altonaga on 4/12/2017. (wc)
April 11, 2017 Filing 31 NOTICE of Compliance with Order for Jurisdictional Position Statement by Accrediting Bureau of Health Education Schools, Inc. re #26 Order, Set/Reset Deadlines,, (Spital, Jeanne)
April 11, 2017 Opinion or Order Filing 30 ORDER Scheduling Mediation before Ellen Leesfield. Mediation Hearing set for 9/7/2017 10:30 AM. The parties are reminded that a report of the mediation is due within seven (7) days of the mediation conference. Signed by Judge Cecilia M. Altonaga on 4/11/2017. (wc)
April 11, 2017 Filing 29 NOTICE of Compliance WITH THE COURTS APRIL 6, 2017 ORDER REQUIRING THE PARTIES TO FILE POSITION STATEMENTS by Katarina Todorovich re #26 Order, Set/Reset Deadlines,, (Roller, K.)
April 6, 2017 Opinion or Order Filing 28 ORDER requiring the parties to comply with the Scheduling Order by jointly filing a proposed order scheduling mediation. The proposed order must be filed as an attachment to a notice or other filing; the proposed order must also be e-mailed in Word format to altonaga@flsd.uscourts.gov. The e-mail line and name of the attachment should include the case number, followed by a short description of the attachment (e.g., 00-cv-00000 Order). by 4/10/2017. Signed by Judge Cecilia M. Altonaga on 4/6/2017. (ps1)
April 6, 2017 Filing 27 NOTICE of Mediator Selection and Hearing. Added Accrediting Bureau of Health Education Schools, Inc., Ellen L. Leesfield. Mediation Hearing set for 9/7/2017 at 10:30 a.m.. (Spital, Jeanne)
April 6, 2017 Opinion or Order Filing 26 ORDER re #1 Notice of Removal (State Court Complaint), filed by Accrediting Bureau of Health Education Schools, Inc.; the parties shall file their position statements regarding these alternative bases of federal subject matter jurisdiction by 4/11/2017. Signed by Judge Cecilia M. Altonaga on 4/6/2017. (ps1)
April 5, 2017 Filing 25 REPLY to Response to Motion re #19 MOTION to Remand to State Court PLAINTIFFS REPLY IN FURTHER SUPPORT OF HER MOTION TO filed by Katarina Todorovich. (Attachments: #1 Exhibit A)(Roller, K.)
April 3, 2017 Opinion or Order Filing 24 ORDER requiring the parties to comply with the Court's #18 Order by 4/6/2017. Signed by Judge Cecilia M. Altonaga on 4/3/2017. (ps1)
March 31, 2017 Opinion or Order Filing 23 ORDER setting deadline to file a reply to #19 MOTION to Remand to State Court; Replies due by 4/7/2017. Signed by Judge Cecilia M. Altonaga on 3/31/2017. (ps1)
March 23, 2017 Filing 22 RESPONSE to Motion re #19 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by Accrediting Bureau of Health Education Schools, Inc.. Replies due by 3/30/2017. (Spital, Jeanne)
March 16, 2017 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to File Response to the Complaint. Defendant has ten (10) days from the date the Court enters an order on Plaintiffs Motion to Remand to file a response to the Complaint. Signed by Judge Cecilia M. Altonaga on 3/16/2017. (ps1)
March 16, 2017 Filing 20 Defendant's MOTION for Extension of Time to File Response/Reply/Answer /Further Respond to Complaint by Accrediting Bureau of Health Education Schools, Inc.. (Attachments: #1 Exhibit Proposed Order)(Spital, Jeanne)
March 16, 2017 Set/Reset Deadlines/Hearings: In Limine Motions due by 12/26/2017. Calendar Call set for 2/27/2018 09:00 AM in Miami Division before Judge Cecilia M. Altonaga (per #18 Scheduling Order). (ps1)
March 13, 2017 Filing 19 MOTION to Remand to State Court by Katarina Todorovich. (Roller, K.)
March 13, 2017 Opinion or Order Filing 18 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge John J. OSullivan: Trial set for two week period beginning 3/5/2018 in Miami Division before Judge Cecilia M. Altonaga. Calendar Call set for 2/27/2017 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 5/10/2017. All discovery due by 11/6/2017. Proposed order scheduling mediation due by 3/31/2017. Mediation Deadline 11/20/2017. In Limine Motions due by 12/26/2016. All pretrial motions due by 11/28/2017. Pretrial Stipulation due by 12/26/2017. Signed by Judge Cecilia M. Altonaga on 3/10/2017. (ps1) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
March 9, 2017 Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Accrediting Bureau of Health Education Schools, Inc. (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Polk, Edward)
March 9, 2017 Filing 16 NOTICE by Accrediting Bureau of Health Education Schools, Inc. Notice of Filing All State Court Records and Proceedings (Attachments: #1 Exhibit Composite A) (Polk, Edward)
March 9, 2017 Filing 15 STATUS REPORT - Removal Status Report by Accrediting Bureau of Health Education Schools, Inc. (Spital, Jeanne)
March 9, 2017 Filing 14 Certificate of Interested Parties/Corporate Disclosure Statement by Accrediting Bureau of Health Education Schools, Inc. (Spital, Jeanne)
March 9, 2017 Opinion or Order Filing 13 ORDER denying #12 Motion to Stay. Signed by Judge Cecilia M. Altonaga on 3/9/2017. (ps1)
March 8, 2017 Filing 12 Joint MOTION to Stay of the Proceedings Pending Resolution of Motion for Remand by Accrediting Bureau of Health Education Schools, Inc.. Responses due by 3/22/2017 (Spital, Jeanne)
March 7, 2017 Opinion or Order Filing 11 ORDER denying #7 Motion to Dismiss for Failure to State a Claim. Signed by Judge Cecilia M. Altonaga on 3/7/2017. (ps1)
March 7, 2017 Filing 10 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Status Conference held on 3/7/2017. Total time in court: 5 minutes. Attorney Appearance(s): Edward Samuel Polk, K. Brian Roller, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (av00)
March 3, 2017 Filing 9 PAPERLESS NOTICE Resetting Hearing status conference on #7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM: Telephonic status conference reset for 3/7/2017 11:00 AM in Miami Division before Judge Cecilia M. Altonaga. (Reset due to counsel's unavailability.) The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above. The access code is 3156459 and the password is 5510. FOR CLARITY, PLEASE DO NOT USE A CELL PHONE OR A SPEAKER PHONE.(ps1)
March 2, 2017 Filing 8 PAPERLESS NOTICE of Hearing: Telephone Conference set for 3/6/2017 09:30 AM in Miami Division before Judge Cecilia M. Altonaga. The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above. The access code is 3156459 and the password is 5510. FOR CLARITY, PLEASE DO NOT USE A CELL PHONE OR A SPEAKER PHONE. (ps1)
March 1, 2017 Filing 7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Accrediting Bureau of Health Education Schools, Inc.. Responses due by 3/15/2017 (Attachments: #1 Exhibit Section 4.1, #2 Exhibit Accreditation Manual Doc. Number 1-1)(Polk, Edward)
February 27, 2017 Opinion or Order Filing 5 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 3/9/2017. Signed by Judge Cecilia M. Altonaga on 2/27/2017. (ps1)
February 27, 2017 Filing 4 Notice of Court Practice in Removal Cases; REMOVAL STATUS REPORT due by 3/9/2017. Signed by Judge Cecilia M. Altonaga on 2/27/2017. (ps1)
February 27, 2017 Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Accrediting Bureau of Health Education Schools, Inc. (Polk, Edward)
February 24, 2017 Filing 6 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (fbn)
February 24, 2017 Filing 2 Judge Assignment to Judge Cecilia M. Altonaga (fbn)
February 24, 2017 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9513871, filed by Accrediting Bureau of Health Education Schools, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Case Documents)(Polk, Edward)

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Defendant: Accrediting Bureau of Health Education Schools, Inc.
Represented By: Jeanne K Spital
Represented By: Edward Samuel Polk
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Plaintiff: Todorovich
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Plaintiff: Katarina Todorovich
Represented By: K. Brian Roller
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