State Farm Mutual Automobile Insurance Company et al v. Health and Wellness Services, Inc. et al
| State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company |
| Jorge Rafael Coll, Jesus Lorites, Angel Carrasco, Lazaro Muse, Medical Wellness Services, Inc., Pain Relief Clinic of Homestead Corp., Hugo Goldstraj, Noel Santos, Manuel Franco, Jose Gomez-Cortes, Health and Wellness Services, Inc. and Beatriz Muse |
| 1:2018cv23125 |
| August 1, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Robert N Scola |
| Edwin G Torres |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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Filing 39
PAPERLESS ORDER: The Court grants #35 the parties' stipulated motion for substitution of counsel. In place of Christian Carrazana, attorney Karen B. Parker is substituted as counsel for Defendant Jesus Lorites. Signed by Judge Robert N. Scola, Jr. on 9/28/2018. (kbe)
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Filing 38
PAPERLESS ORDER: The Court grants #32 Defendant Rafael Jorge Coll's motion for an extension of time to respond to the complaint. Coll must file his response on or before October 27, 2018. Signed by Judge Robert N. Scola, Jr. on 9/28/2018. (kbe)
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Filing 37
ORDER granting #31 Amended Motion to Withdraw as Attorney. Christian Carrazana withdrawn from case. Deadline to obtain new counsel 10/26/2018. Signed by Judge Robert N. Scola, Jr. on 9/28/2018. See attached document for full details. (ls)
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| Filing 36 Clerks Notice to Filer re #32 MOTION for Extension of Time to respond to the Plaintiffs' Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 35 STIPULATED MOTION for Substitution of Counsel. Substituting KAREN B, PARKER, ESQ. f/k/a KAREN BARNET-BACKER for CHRISTIAN CARRAZANA by Jesus Lorites. Responses due by 10/11/2018 (Barnet-Backer, Karen) |
| Filing 34 MOTION to Dismiss with Prejudice #6 Amended Complaint,,,,,,,,,,,, by Jesus Lorites. Responses due by 10/11/2018 (Barnet-Backer, Karen) |
| Filing 33 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Beatriz Muse, Lazaro Muse, Pain Relief Clinic of Homestead Corp.. (Carrazana, Christian) |
| Filing 32 Second Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Jorge Rafael Coll. Responses due by 10/11/2018 (Barr, Chad) Modified Relief/Link on 9/28/2018 (ls). |
| Filing 31 Third MOTION to Withdraw as Attorney by Christian Carrazana for / by Angel Carrasco, Jorge Rafael Coll, Manuel Franco, Hugo Goldstraj, Jose Gomez-Cortes, Health and Wellness Services, Inc., Jesus Lorites, Medical Wellness Services, Inc., Noel Santos. Responses due by 10/11/2018 (Carrazana, Christian) |
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Filing 30
PAPERLESS ORDER: The Court, again, denies without prejudice #29 counsel's motion to withdraw. Despite the Court's prior admonishment, counsel has once again failed to comply with the requirement of Local Rule 7.1(a)(3). Although counsel certifies that he "has conferred with all parties who may be affected by the relief sought," he does not ever indicate what the result of that conferral actual was with respect to opposing counsel. As provided for by the rule, after conferring, the filing attorney must then include in the motion a statement explaining to the Court that (1) all of the issues raised in the motion are unopposed; or (2) counsel conferred but could not agree on all or some of the issues raised in the motion. S.D. Fla. L.R. 7.1(a)(3). "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Counsel is cautioned that continually failing to abide by the Court's rules and orders will ultimately result in sanctions. Signed by Judge Robert N. Scola, Jr. on 9/27/2018. (kbe)
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| Filing 29 Second MOTION to Withdraw as Attorney by Christian Carrazana for / by Angel Carrasco, Jorge Rafael Coll, Manuel Franco, Hugo Goldstraj, Jose Gomez-Cortes, Health and Wellness Services, Inc., Jesus Lorites, Medical Wellness Services, Inc., Noel Santos. Responses due by 10/11/2018 (Carrazana, Christian) |
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Filing 28
ORDER Denying Without Prejudice #27 Motion to Withdraw as Attorney. Signed by Judge Robert N. Scola, Jr on 9/25/2018. See attached document for full details. (vmz)
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| Filing 27 MOTION to Withdraw as Attorney by Christian Carrazana for / by Angel Carrasco, Jorge Rafael Coll, Manuel Franco, Hugo Goldstraj, Jose Gomez-Cortes, Health and Wellness Services, Inc., Medical Wellness Services, Inc., Noel Santos. Responses due by 10/9/2018 (Carrazana, Christian) |
| Filing 26 NOTICE of Attorney Appearance by Chad Andrew Barr on behalf of Jorge Rafael Coll. Attorney Chad Andrew Barr added to party Jorge Rafael Coll(pty:dft). (Barr, Chad) |
| Filing 25 Certificate of Interested Parties/Corporate Disclosure Statement by Jesus Lorites (Barnet-Backer, Karen) |
| Filing 24 NOTICE of Attorney Appearance by Karen Jill Barnet-Backer on behalf of Jesus Lorites. Attorney Karen Jill Barnet-Backer added to party Jesus Lorites(pty:dft). (Barnet-Backer, Karen) |
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Filing 23
PAPERLESS ORDER granting in part and denying in part #21 Motion for Extension of Time to File Response/Answer to #6 Amended Complaint, for good cause shown but only for a thirty-day period:Defendants' Response/Answer due by 9/27/2018. Signed by Magistrate Judge Edwin G. Torres on 8/28/2018. (EGT)
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| Filing 22 Clerks Notice to Filer re #21 First MOTION for Extension of Time 45 days to respond to amended complaint re #6 Amended Complaint,,,,,,,,,,,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 21 Motion for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by Angel Carrasco, Jorge Rafael Coll, Manuel Franco, Hugo Goldstraj, Jose Gomez-Cortes, Health and Wellness Services, Inc., Jesus Lorites, Medical Wellness Services, Inc., Beatriz Muse, Lazaro Muse, Pain Relief Clinic of Homestead Corp., Noel Santos. Responses due by 9/11/2018 (Carrazana, Christian) Modified Relief on 8/28/2018 (ls). |
| Filing 20 NOTICE of Attorney Appearance by Christian Carrazana on behalf of Angel Carrasco, Jorge Rafael Coll, Manuel Franco, Hugo Goldstraj, Jose Gomez-Cortes, Health and Wellness Services, Inc., Jesus Lorites, Medical Wellness Services, Inc., Beatriz Muse, Lazaro Muse, Pain Relief Clinic of Homestead Corp., Noel Santos. Attorney Christian Carrazana added to party Angel Carrasco(pty:dft), Attorney Christian Carrazana added to party Jorge Rafael Coll(pty:dft), Attorney Christian Carrazana added to party Manuel Franco(pty:dft), Attorney Christian Carrazana added to party Hugo Goldstraj(pty:dft), Attorney Christian Carrazana added to party Jose Gomez-Cortes(pty:dft), Attorney Christian Carrazana added to party Health and Wellness Services, Inc.(pty:dft), Attorney Christian Carrazana added to party Jesus Lorites(pty:dft), Attorney Christian Carrazana added to party Medical Wellness Services, Inc.(pty:dft), Attorney Christian Carrazana added to party Beatriz Muse(pty:dft), Attorney Christian Carrazana added to party Lazaro Muse(pty:dft), Attorney Christian Carrazana added to party Pain Relief Clinic of Homestead Corp.(pty:dft), Attorney Christian Carrazana added to party Noel Santos(pty:dft). (Carrazana, Christian) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Angel Carrasco served on 8/20/2018, answer due 9/10/2018. (McPherson, Bradley) |
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Filing 18
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 8/17/2018. See attached document for full details. (mdc)
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| Filing 17 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Beatriz Muse served on 8/15/2018, answer due 9/5/2018. (McPherson, Bradley) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Noel Santos served on 8/15/2018, answer due 9/5/2018. (McPherson, Bradley) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Medical Wellness Services, Inc. served on 8/15/2018, answer due 9/5/2018. (McPherson, Bradley) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Health and Wellness Services, Inc. served on 8/15/2018, answer due 9/5/2018. (McPherson, Bradley) |
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Filing 13
Order Requiring Discovery And Scheduling Conference And ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Signed by Judge Robert N. Scola, Jr on 8/14/2018. See attached document for full details. (pes)
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| Filing 12 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Pain Relief Clinic of Homestead Corp. served on 8/13/2018, answer due 9/4/2018. (McPherson, Bradley) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Jesus Lorites served on 8/11/2018, answer due 9/4/2018. (McPherson, Bradley) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Jorge Rafael Coll served on 8/11/2018, answer due 9/4/2018. (McPherson, Bradley) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Jose Gomez-Cortes served on 8/7/2018, answer due 8/28/2018. (McPherson, Bradley) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Manuel Franco served on 8/7/2018, answer due 8/28/2018. (McPherson, Bradley) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #6 Amended Complaint,,,,,,,,,,,, with a 21 day response/answer filing deadline by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. Lazaro Muse served on 8/7/2018, answer due 8/28/2018. (McPherson, Bradley) |
| Filing 6 Plaintiff's AMENDED COMPLAINT against All Defendants, filed by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 - D. Collazo Depo Excerpts, #2 Exhibit 2 - S. Abrahan Depo Excerpts, #3 Exhibit 3 - Pain Relief CMS 1500 xrays, #4 Exhibit 4 - Pain Relief CMS 1500 re xrays, #5 Exhibit 5 AOB for P.R. referencing M.W., #6 Exhibit 6 - Pain Relief consent forms, #7 Exhibit 7 - Less than 10% impairment, #8 Exhibit 8 - Email S. Bloodgood to B. McPherson re Caring doc with Med Well, #9 Exhibit 9 - Health & Wellness Claim Review Spreadsheet, #10 Exhibit 10 - R. Ruiz Depo Excerpts, #11 Exhibit 11 - Health & Wellness Guide, #12 Exhibit 12 - Exemplar H&W Therapy Orders, #13 Exhibit 13 - Exemplar H&W Blank Daily Notes for J.E., #14 Exhibit 14 - H&W blank Daily Notes for Y.S., #15 Exhibit 15 - H&W blank Final Examination and Evaluation for A.P., #16 Exhibit 16 - H. Goldstraj Depo Excerpts, #17 Exhibit 17 - 2013-04-30 Affidavit of Thomas Fernandez re Arrest of Goldstraj, #18 Exhibit 18 - 2014-05-19 Plea of Guilty by Hugo Goldstraj, #19 Exhibit 19 - 2015-04-21 Final Order in DOH v. Hugo Goldstraj, MD, #20 Exhibit 20 - AHCA List of Supervised Clinics for Hugo Goldstraj, #21 Exhibit 21 - AHCA List of Supervised Clinics for Manuel Franco, #22 Exhibit 22 - Medical Wellness Claim Review Spreadsheet, #23 Exhibit 23 - 2016-03-30 Affidavit of B.V., #24 Exhibit 24 - L.O. EUO Excerpts, #25 Exhibit 25 - 2015-10-30 Affidavit of L.O., #26 Exhibit 26 - Exemplar Medical Wellnes Therapy Orders, #27 Exhibit 27 - AHCA List of Supervised Clinics for Angel Carrasco, #28 Exhibit 28 - Medical Wellness 2009 Application to AHCA, #29 Exhibit 29 - A. Carrasco Depo Excerpts (4-6-16), #30 Exhibit 30 - A. Carrasco Depo Excerpts (12-21-16), #31 Exhibit 31 - AHCA List of Supervised Clinics for Jorge Coll, #32 Exhibit 32 - Medical Wellness 2013 AHCA Licensing Application, #33 Exhibit 33 - Pain Relief Claim Review Spreadsheet, #34 Exhibit 34 - Sample Initial Valuation for Dr. de la Rosa, #35 Exhibit 35 - A. Campa Depo Excerpts, #36 Exhibit 36 - D. Hernandez Depo Excerpts, #37 Exhibit 37 - AHCA List of Supervised Clinics for Jesus Lorites, #38 Exhibit 38 - 2010-06-15 Pain Relief Application for License, #39 Exhibit 39 - AHCA List of Supervised Clinics for Jose de Jesus Gomez-Cortes, #40 Exhibit 40 - Exemplar Pain Relief Therapy Notes for J.H. & R.H., #41 Exhibit 41 - PR Exemplar Orders and Notes for M.H., #42 Exhibit 42 - H&W Protocol Damages, #43 Exhibit 43 - H&W Xray only damages, #44 Exhibit 44 - MedWell Protocol Damages, #45 Exhibit 45 - MedWell Xray only Damages, #46 Exhibit 46 - PainRelief Protocol Damages, #47 Exhibit 47 - H&W Protocol/dec jdgmt, #48 Exhibit 48 - H&W Xray only/dec jdgmt, #49 Exhibit 49 - MedWell Protocol/dec jdgmt, #50 Exhibit 50 - MedWell Xray only/dec jdgmt, #51 Exhibit 51 - PainRelief Protocol/dec jdgmt)(McPherson, Bradley) |
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Filing 5
ORDER Requiring Amended Complaint. ( Amended Complaint due by 8/10/2018.). Signed by Judge Robert N. Scola, Jr on 8/2/2018. See attached document for full details. (pes)
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| Filing 4 Corporate Disclosure Statement by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company (McPherson, Bradley) |
| Filing 3 Summons Issued as to All Defendants. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pes) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-10867286, payment transferred from : 18CV23121 State Farm Mutual Insurance Company et al vs. Health and Wellness Services, Inc. et al., filed by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) All Defendants, #3 Exhibit 1 - D. Collazo Depo Excerpts, #4 Exhibit 2 - S. Abrahan Depo Excerpts, #5 Exhibit 3 - Pain Relief CMS 1500 xrays, #6 Exhibit 4 - Pain Relief CMS 1500 re xrays, #7 Exhibit 5 - AOB for PR referencing MW, #8 Exhibit 6 - Pain Relief Consent Forms, #9 Exhibit 7 - Less than 10% Impairment, #10 Exhibit 8 - Email S. Bloodgood to B. McPherson re Caring doc with Medical Wellness, #11 Exhibit 9 - Health & Wellness Claim Review Spreadsheet, #12 Exhibit 10 - R. Ruiz Depo Excerpts, #13 Exhibit 11 - Health & Wellness Guide, #14 Exhibit 12 - Exemplar Health & Wellness Therapy Orders, #15 Exhibit 13 - Exemplar Health & Wellness Blank Daily Notes for J.E., #16 Exhibit 14 - Health & Wellness Blank Daily Notes for Y.S., #17 Exhibit 15 - Health & Wellness Blank Final Examination and Evaluation for A.P., #18 Exhibit 16 - H. Goldstraj Depo Excerpts, #19 Exhibit 17 - 2013-04-30 Affidavit of T. Fernandez re Arrest of Goldstraj, #20 Exhibit 18 - 2014-05-19 Plea of Guilty by Goldstraj, #21 Exhibit 19 - 2015-04-21 Final Order in DOH v. Hugo Goldstraj, MD, #22 Exhibit 20 - AHCA List of Supervised Clinics for Goldstraj, #23 Exhibit 21 - AHCA List of Supervised Clinics for Manuel Franco, #24 Exhibit 22 - Medical Wellness Claim Review Spreadsheet, #25 Exhibit 23 - 2016-03-30 Affidavit of B.V., #26 Exhibit 24 - L.O. EUO Excerpts, #27 Exhibit 25 - 2015-10-30 Affidavit of L.O., #28 Exhibit 26 - Exemplar Medical Wellness Therapy Orders, #29 Exhibit 27 - AHCA List of Supervised Clinics for Angel Carrasco, #30 Exhibit 28 - Medical Wellness 2009 Application to AHCA, #31 Exhibit 29 - A. Carrasco Depo Excerpts (4-6-16), #32 Exhibit 30 - A. Carrasco Depo Excerpts (12-21-16), #33 Exhibit 31 - AHCA List of Supervised Clinics for Jorge Coll, #34 Exhibit 32 - Medical Wellness 2013 AHCA Licensing Application, #35 Exhibit 33 - Pain Relief Claim Review Spreadsheet, #36 Exhibit 34 - Sample Initial Valuation for Dr. de la Rosa, #37 Exhibit 35 - A. Campa Depo Excerpts, #38 Exhibit 36 - D. Hernandez Depo Excerpts, #39 Exhibit 37 - AHCA List of Supervised Clinics for Jesus Lorites, #40 Exhibit 38 - 2010-06-15 Pain Relief Application for License, #41 Exhibit 39 - AHCA List of Supervised Clinics for Jose de Jesus Gomez-Cortes, #42 Exhibit 40 - Exemplar Pain Relief Therapy Notes for JH & RH, #43 Exhibit 41 - Revised PR Exemplar Orders and Notes for MH, #44 Exhibit 42 - H&W Protocol Damages, #45 Exhibit 43 - H&W Xray only damages, #46 Exhibit 44 - MedWell Protocol Damages, #47 Exhibit 45 - MedWell Xray only damages, #48 Exhibit 46 - Pain Relief Protocol Damages, #49 Exhibit 47 - H&W Protocol/Dec jdgmt, #50 Exhibit 48 - H&W Xray Only/Dec jdgmt, #51 Exhibit 49 - MedWell Protocol/Dec jdgmt, #52 Exhibit 50 - MedWell Xray Only/Dec jdgmt, #53 Exhibit 51 - Pain Relief Protocol/Dec jdgmt)(McPherson, Bradley) |
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