Houston v. Centene Management Company, LLC et al
| FRANCIS HOUSTON, Kelly Rogers and Robert Rogers |
| Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC. and Sunshine State Health Plan, Inc. |
| 1:2019cv20620 |
| February 16, 2019 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Rodolfo A Ruiz |
| Insurance |
| 12 U.S.C. § 0635 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2020. A more recent docket listing may be available from PACER.
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| Filing 94 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 7/1/2020. A Continued Settlement Conference is set for July 27, 2020 at 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Zoom instructions to be emailed. Total time in court: 3 hour(s) : 15 minutes. Attorney Appearance(s): James Evans Gillenwater, Steven M. Cady, Kurt B. Olsen, Janet Robards Varnell. (aw) |
Filing 93
PAPERLESS ORDER Setting Settlement Conference. A Video Settlement Conference is set for Wednesday, July 1, 2020 at 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Prior to the conference the Court will send counsel instructions to access the Zoom meeting. Signed by Magistrate Judge Lauren Fleischer Louis on 6/29/2020. (aw)
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Filing 92
ORDER granting #91 Motion for Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 6/7/2020. See attached document for full details. (Attachments: #1 Exhibit Agreement to be bound) (LFL)
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| Filing 91 Joint MOTION for Protective Order by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. (Attachments: #1 Text of Proposed Order Stipulated Protective and Confidentiality Order)(Gillenwater, James) |
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Filing 90
ORDER Resetting Calendar Call and Trial Date: Jury Trial set for 9/28/2020 before Judge Rodolfo A Ruiz. Calendar Call set for 9/22/2020 11:00 AM before Judge Rodolfo A Ruiz. Signed by Judge Rodolfo A Ruiz on 6/2/2020. See attached document for full details. (jbs)
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| Filing 89 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 5/28/2020. The settlement conference was adjourned and will reconvene within 30 days. Total time in court: 4 hour(s). Attorney Appearance(s): James Evans Gillenwater, Steven M. Cady, Kurt B. Olsen, Janet Robards Varnell, Fran L. Rudich. (aw) |
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Filing 88
PAPERLESS ORDER CONTINUING SETTLEMENT CONFERENCE. Video Settlement Conference is set for May 28, 2020 at 9:00 AM. Prior to the conference the Court will send counsel instructions to access a Zoom meeting on the date of the settlement conference. Signed by Magistrate Judge Lauren Fleischer Louis on 5/6/2020. (aw)
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| Filing 87 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Status Conference regarding scheduling continued settlement conference held on 4/29/2020. Parties to submit to chambers proposed dates to continue during week of May 25. Attorney Appearance(s): Steven M. Cady, Janet Robards Varnell, Fran L. Rudich. Total time in court: 36 minutes. (aw) |
| Filing 86 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Settlement Conference held on 4/22/2020. Parties will participate in a status conference on April 29, 2020; court will initiate calls to counsel. Attorney Appearance(s): James Evans Gillenwater, Steven M. Cady, Kurt B. Olsen, Janet Robards Varnell, Fran L. Rudich, Jennifer Murray. Jodie Nuss also appeared at this conference. Total time in court: 2 hour(s) : 25 minutes. (aw) |
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Filing 85
PAPERLESS ORDER granting #84 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kurt B. Olsen. Signed by Judge Rodolfo A Ruiz on 4/22/2020. (btr)
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| Filing 84 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kurt B. Olsen. Filing Fee $ 200.00 Receipt # AFLSDC-12778592 by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 5/6/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Varnell, Janet) |
| Filing 83 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Continuance of settlement conference conducted on 4/16/2020. Conference to resume on April 22, 2020 at 2:00 PM. Telephonic appearance by dialing: 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Attorney Appearance(s): Janet Robards Varnell, Alexis H. Castillo, Fran L. Rudich, Steven M. Cady, James Evans Gillenwater. Total time in court: 3 hour(s). (aw) |
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Filing 82
ORDER Resetting Trial. Trial set for 8/17/20. Calendar Call set for 8/11/20 at 11:00 AM. Signed by Judge Rodolfo A Ruiz on 4/7/2020. See attached document for full details. (btr)
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| Set/Reset Scheduling Order Deadlines: Bench Trial set for 8/17/2020 in Fort Lauderdale Division before Judge Rodolfo A Ruiz. Calendar Call set for 8/11/2020 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz. (btr) |
| Filing 81 NOTICE of Attorney Appearance by Matthew Peterson on behalf of FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Attorney Matthew Peterson added to party FRANCIS HOUSTON(pty:pla), Attorney Matthew Peterson added to party Kelly Rogers(pty:pla), Attorney Matthew Peterson added to party Robert Rogers(pty:pla). (Peterson, Matthew) |
| Set/Reset Deadlines/Hearings Calendar Call set for 6/30/2020 before Judge Rodolfo A Ruiz. Jury Trial set for 7/6/2020 before Judge Rodolfo A Ruiz. per DE 80 (cbr) |
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Filing 80
PAPERLESS ORDER RESETTING TRIAL. In light of Administrative Order No. 2020-21, which continued all jury trials set to begin before April 27, 2020 due to concerns regarding COVID-19, the trial in this case is reset for the two-week trial period beginning on July 6, 2020. The calendar call is similarly reset for June 30, 2020. Signed by Judge Rodolfo A Ruiz on 3/23/2020. (btr)
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Filing 79
PAPERLESS ORDER Resetting Telephonic Settlement Conference. The Telephonic Settlement Conference is set for April 16, 2020 at 10:30 AM before Magistrate Judge Lauren Fleischer Louis. On the same date and prior to the settlement conference, counsel for plaintiff and defendant shall individually call chambers at 9:30 AM and 10:00 AM, respectively. Signed by Magistrate Judge Lauren Fleischer Louis on 3/16/2020. (aw)
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| Filing 78 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Janet Varnell re #77 Notice of Change of Address. Attorney Janet Varnell is directed to update her information via the attorneys PACER account, Manage My Account. Pursuant to CM/ECF NextGen procedures, all updates to an attorneys contact information and primary email address must be made through the attorneys PACER account. (cw) |
| Filing 77 NOTICE of Change of Address by Janet Robards Varnell (Varnell, Janet) |
| Filing 76 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephone Conference held on 2/24/2020. Attorney Appearance(s): Seth R. Lesser, Alexis H. Castillo, Fran L. Rudich, Steven M. Cady. The Settlement Conference is reset to March 24, 2020 at 9:00 a.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Total time in court: 30 minutes. (Digital 10:02:21) (aw) |
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Filing 75
ORDER SCHEDULING SETTLEMENT CONFERENCE. A Settlement Conference is set for February 26, 2020 at 9:00 a.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128.A Telephonic Conference is set for February 24, 2020 at 10:00 a.m. Please dial 1 (866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 1/30/2020. See attached document for full details. (aw)
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| Filing 74 REPLY to Response to Motion re #59 MOTION TO DISMISS #57 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. (Gillenwater, James) |
| Filing 73 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Settlement Conference held on 1/6/2020. Conference adjourned and will be continued upon future order of the court. Total time in court: 3 hour(s) : 10 minutes. Attorney Appearance(s): James Evans Gillenwater, Steven M. Cady, Seth R. Lesser, Janet Robards Varnell, Other appearances: Corporate Rep. Joel Samson,and all plaintiffs via telephone. (Digital 12-56-33) (ch1) |
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Filing 72
PAPERLESS ORDER granting #71 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Alexis H. Castillo, Esq. Signed by Judge Rodolfo A Ruiz on 12/31/2019. (btr)
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| Filing 71 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexis H. Castillo. Filing Fee $ 75.00 Receipt # 113C-12265153 by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 1/14/2020 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
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Filing 70
PAPERLESS ORDER granting #69 Motion for Leave. The parties' client representatives may appear telephonically at the Settlement Conference on January 6, 2020. All client representatives who choose to appear telephonically must have full settlement authority. Counsel for both parties shall be physically present at the Settlement Conference. Counsel shall confer with Magistrate Judge Louis' Chambers regarding further instructions for telephonic appearances. Signed by Judge Rodolfo A Ruiz on 12/23/2019. (btr)
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| Filing 69 Joint MOTION for Leave to Appear - Plaintiffs and Defendants to Appear Telephonically/January 6/12:00 - Counsel to Appear in person. Attorney/Representative: All Plaintiffs and Representatives of All Defendants by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 1/6/2020 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
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Filing 68
AMENDED ORDER SCHEDULING SETTLEMENT CONFERENCE. Signed by Magistrate Judge Lauren Fleischer Louis on 12/18/2019. See attached document for full details. (aw)
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Filing 67
ORDER SCHEDULING SETTLEMENT CONFERENCE. A Settlement Conference is set for Janauary 6, 2020 at 9:00 a.m. in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. A Telephonic Status Conference is set for January 3, 2020 at 10:00 a.m. Please dial 1(866) 434-5269, enter access code number 9978869 followed by the (#) sign, and enter security code number 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 12/18/2019. See attached document for full details. (aw)
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| Filing 66 RESPONSE in Opposition re #59 MOTION TO DISMISS #57 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Replies due by 12/26/2019. (Varnell, Janet) |
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Filing 65
PAPERLESS ORDER granting #64 Motion for Clarification. As explicitly stated in the Order granting Defendants' Motion to Dismiss the Second Amended Complaint #55 , "[d]iscovery is hereby STAYED until further order of the Court." The Court will revisit the stay of discovery after Defendants' Motion to Dismiss the Third Amended Complaint #59 is ripe and the Court has had an opportunity to consider it. The parties may move for modification of the deadlines in the Order Granting Joint Motion to Extend Deadlines #56 , deadlines that the Court extended at the parties' request, once the Court has ruled on the Motion to Dismiss. Signed by Judge Rodolfo A Ruiz on 12/11/2019. (btr)
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| Filing 64 Joint MOTION for clarification #55 Order on Motion to Dismiss for Failure to State a Claim by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 12/26/2019 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
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Filing 63
ORDER granting #62 Joint Motion to Modify the Court's October 20, 2019 Order. This matter is REFERRED to Magistrate Judge Lauren Louis for purposes of conducting a settlement conference. See attached document for full details. Signed by Judge Rodolfo A Ruiz on 12/2/2019. (mhn)
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| Filing 62 Joint MOTION to Amend/Correct #55 Order on Motion to Dismiss for Failure to State a Claim by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 12/16/2019 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
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Filing 61
PAPERLESS ORDER granting #60 Motion for Extension of Time. Plaintiffs shall file a Response to Defendants Motion to Dismiss #59 by December 18, 2019. Defendants shall file a Reply to the Motion by January 10, 2020. Signed by Judge Rodolfo A Ruiz on 11/26/2019. (btr)
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| Filing 60 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #59 MOTION TO DISMISS #57 Amended Complaint FOR FAILURE TO STATE A CLAIM by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. (Varnell, Janet) |
| Filing 59 MOTION TO DISMISS #57 Amended Complaint FOR FAILURE TO STATE A CLAIM by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. Responses due by 12/4/2019 (Gillenwater, James) |
| Filing 58 TRANSCRIPT of Motion to Dismiss held on 10-17-2019 before Judge Rodolfo A Ruiz, 1-68 pages, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / 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 12/10/2019. Redacted Transcript Deadline set for 12/20/2019. Release of Transcript Restriction set for 2/17/2020. (gbx) |
| Filing 57 Third AMENDED COMPLAINT against All Defendants, filed by Kelly Rogers, FRANCIS HOUSTON, Robert Rogers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Varnell, Janet) |
| Set/Reset Deadlines/Hearings as per DE #56 Mediation Deadline 1/6/2020. Dispositive Motions due by 1/14/2020. In Limine Motions due by 1/14/2020. Pre-Trial Motions due by 1/14/2020. Calendar Call set for 4/21/2020 before Judge Rodolfo A Ruiz. Jury Trial set for 4/27/2020 in Fort Lauderdale Division before Judge Rodolfo A Ruiz. (lk) |
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Filing 56
ORDER granting #52 Motion for Extension of Time. Signed by Judge Rodolfo A Ruiz on 10/20/2019. See attached document for full details. (btr)
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Filing 55
ORDER granting #40 Motion to Dismiss for Failure to State a Claim. Signed by Judge Rodolfo A Ruiz on 10/20/2019. See attached document for full details. (btr)
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| Filing 54 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A Ruiz: Motion Hearing held on 10/17/2019 re #40 MOTION to Dismiss #37 Amended Complaint, filed by Celtic Insurance Company, Centene Management Company, LLC, Sunshine State Health Plan, Inc., SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC.. Argument heard. Order to follow. Attorney Appearance(s): Janet Robards Varnell, Seth R. Lesser (via telephone), Fran L. Rudich (via telephone), Alexis Castillo (via telephone), Steven M. Cady, James Evans Gillenwater, Court Reporter: Gizella Baan-Proulx, 954-769-5568 / Gizella_Baan-Proulx@flsd.uscourts.gov. (gp) |
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Filing 53
PAPERLESS ORDER setting hearing on #40 Defendants' Motion to Dismiss. The hearing will take place on October 17, 2019 at 10:00 AM in the Fort Lauderdale Division before Judge Rodolfo A. Ruiz. Counsel is permitted to appear telephonically if necessary. Counsel who choose to appear telephonically are instructed to call 1-877-402-9753 no later than 9:55 AM on October 17, 2019. The access code is 9372453 and the password is 0918. The Court requires that if the parties appear telephonically, they must appear via a landline (i.e. not a cellular phone or a speaker phone) for clarity. Signed by Judge Rodolfo A Ruiz on 10/15/2019. (btr)
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| Filing 52 Joint MOTION for Extension of Time to extend deadlines re 22 Scheduling Order,,,,,,,,,,,,,,,,,, by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 10/23/2019 (Varnell, Janet) |
| Filing 51 Clerks Notice to Filer re #48 Notice of Striking. 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. (lk) |
| ***Hearing(s) terminated The hearing on Defendants' Motion to Dismiss 40 scheduled for September 12, 2019 45 is CANCELLED. Per ECF No. 50 Paperless Order. (gp) |
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Filing 50
PAPERLESS ORDER granting #49 Motion to Continue. The hearing on Defendants' Motion to Dismiss #40 scheduled for September 12, 2019 45 is CANCELLED. Signed by Judge Rodolfo A Ruiz on 9/11/2019. (btr)
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| Filing 49 Unopposed MOTION to Continue by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 9/25/2019 (Varnell, Janet) |
| Filing 48 NOTICE of Striking DE #46 Plaintiff's Letter Motion by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers (Varnell, Janet) Modified/Added link to DE #46 on 9/12/2019 (lk). |
| Filing 47 Clerks Notice to Filer re #46 Plaintiff's MOTION for Extension of Time reschedule oral argument . Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. AND Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event Motion to Cotinue. (ls) |
| Filing 46 Plaintiff's MOTION for Extension of Time reschedule oral argument by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Responses due by 9/25/2019 (Varnell, Janet) |
| Filing 45 PAPERLESS NOTICE RESETTING Hearing on Motion #40 MOTION TO DISMISS #37 Amended Complaint: Motion Hearing reset for 9/12/2019 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz. Signed by Judge Rodolfo A Ruiz on 8/30/2019. (gp) |
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Filing 44
PAPERLESS ORDER Setting Hearing on #40 Defendant's Motion to Dismiss. Hearing set for 9/4/2019 03:00 PM in Fort Lauderdale Division before Judge Rodolfo A Ruiz. Signed by Judge Rodolfo A Ruiz on 8/23/2019. (btr)
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Filing 43
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Signed by Magistrate Judge Lauren Fleischer Louis on 6/25/2019. See attached document for full details. (agn)
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| Filing 42 REPLY to Response to Motion re #40 MOTION TO DISMISS #37 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. (Gillenwater, James) |
| Filing 41 RESPONSE in Opposition re #40 MOTION TO DISMISS #37 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by FRANCIS HOUSTON, Kelly Rogers, Robert Rogers. Attorney Janet Robards Varnell added to party Kelly Rogers(pty:pla), Attorney Janet Robards Varnell added to party Robert Rogers(pty:pla). Replies due by 6/24/2019. (Varnell, Janet) |
| Filing 40 MOTION TO DISMISS #37 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. Responses due by 6/18/2019 (Gillenwater, James) |
| Filing 39 Notice of Entry of Parties Listed on #37 Amended Complaint, 38 Clerks Notice of Docket Correction and Instruction to Filer - Attorney into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Kelly Rogers and Robert Rogers. (Varnell, Janet) |
| Filing 38 Clerks Notice to Filer re #37 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. (mc) |
| Filing 37 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by FRANCIS HOUSTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Varnell, Janet) |
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Filing 36
ORDER granting #34 Unopposed 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 Rodolfo A Ruiz on 5/20/2019. See attached document for full details. (ar2)
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Filing 35
ORDER denying as moot #20 Motion to Dismiss for Failure to State a Claim. Signed by Judge Rodolfo A Ruiz on 5/20/2019. See attached document for full details. (ar2)
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| Filing 34 Consent MOTION for Leave to File Second Amended Complaint by FRANCIS HOUSTON. (Attachments: #1 Exhibit 1)(Varnell, Janet) |
| Filing 33 NOTICE of Mediator Selection. Added FRANCIS HOUSTON, Terrence M. White. (Varnell, Janet) |
| Filing 32 REPLY to Response to Motion re #20 MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. (Gillenwater, James) |
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Filing 31
ORDER OF REASSIGNMENT to Judge Rodolfo A Ruiz for all further proceedings, Chief Judge K. Michael Moore no longer assigned to case. Signed by Chief Judge K. Michael Moore on 5/6/2019. See attached document for full details. (yar)
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Filing 30
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #27 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #27 is GRANTED. Steven M. Cady may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to scady@wc.com. Signed by Chief Judge K. Michael Moore on 5/2/2019. (ah03)
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Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #26 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #26 is GRANTED. William R. Murray, Jr. may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to bmurray@wc.com. Signed by Chief Judge K. Michael Moore on 5/2/2019. (ah03)
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #25 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #25 is GRANTED. Brendan V. Sullivan, Jr. may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to bsullivan@wc.com. Signed by Chief Judge K. Michael Moore on 5/2/2019. (ah03)
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| Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven M. Cady. Filing Fee $ 75.00 Receipt # 113C-11608900 by Centene Management Company, LLC. Responses due by 5/16/2019 (Attachments: #1 Certification, #2 Text of Proposed Order)(Gillenwater, James) |
| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William R. Murray, Jr.. Filing Fee $ 75.00 Receipt # 113C-11608860 by Centene Management Company, LLC. Responses due by 5/16/2019 (Attachments: #1 Certification, #2 Text of Proposed Order)(Gillenwater, James) |
| Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brendan V. Sullivan, Jr.. Filing Fee $ 75.00 Receipt # 113C-11608832 by Centene Management Company, LLC. Responses due by 5/16/2019 (Attachments: #1 Certification, #2 Text of Proposed Order)(Gillenwater, James) |
| Filing 24 RESPONSE in Opposition re #20 MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by FRANCIS HOUSTON. Replies due by 5/8/2019. (Attachments: #1 Exhibit A)(Varnell, Janet) |
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Filing 23
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning January 21, 2020, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 4/25/2019. (ah03)
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Filing 22
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of January 21, 2020, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on January 16, 2020, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for January 7, 2020, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 4/25/2019. (ah03)
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| Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by FRANCIS HOUSTON (Varnell, Janet) |
| Filing 20 MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC., Sunshine State Health Plan, Inc.. Attorney James Evans Gillenwater added to party Sunshine State Health Plan, Inc.(pty:dft). Responses due by 5/1/2019 (Gillenwater, James) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #18 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Fran L. Rudich may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to Fran@klafterolsen.com. Signed by Chief Judge K. Michael Moore on 4/15/2019. (ah03)
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| Filing 18 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Fran L. Rudich. Filing Fee $ 75.00 Receipt # 113C-11554480 by FRANCIS HOUSTON. Responses due by 4/26/2019 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Sunshine State Health Plan, Inc.. Sunshine State Health Plan, Inc. waiver sent on 4/11/2019, answer due 6/10/2019. (Gillenwater, James) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of an Amended Complaint #15 . The Amended Complaint moots Defendants' Motion to Dismiss #11 . Accordingly, UPON CONSIDERATION of the Amended Complaint #15 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants' Motion to Dismiss #11 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 4/3/2019. (ah03)
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| Filing 15 First AMENDED COMPLAINT against All Defendants, filed by FRANCIS HOUSTON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Varnell, Janet) |
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Filing 14
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lauren Fleischer Louis on 3/28/2019. See attached document for full details. (agn)
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Filing 13
ORDER OF RECUSAL. Magistrate Judge Jacqueline Becerra recused. Case reassigned to Magistrate Judge Lauren Fleischer Louis for all further proceedings. Motions referred to Judge Lauren Fleischer Louis. Signed by Magistrate Judge Jacqueline Becerra on 3/27/2019. See attached document for full details. (vjk)
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| Filing 12 Corporate Disclosure Statement by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC. identifying Corporate Parent Centene Corporation for Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC. (Gillenwater, James) |
| Filing 11 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC.. Responses due by 4/3/2019 (Gillenwater, James) |
| Filing 10 NOTICE of Attorney Appearance by James Evans Gillenwater on behalf of Celtic Insurance Company, Centene Management Company, LLC, SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC.. Attorney James Evans Gillenwater added to party Celtic Insurance Company(pty:dft), Attorney James Evans Gillenwater added to party Centene Management Company, LLC(pty:dft), Attorney James Evans Gillenwater added to party SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC.(pty:dft). (Gillenwater, James) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #8 is GRANTED. Seth R. Lesser may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to seth@klafterolsen.com. Signed by Chief Judge K. Michael Moore on 2/26/2019. (jm01)
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| Filing 8 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Seth R. Lesser. Filing Fee $ 75.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #6 Motion to Appear Pro Hac Vice, by FRANCIS HOUSTON. Responses due by 3/12/2019 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #6 . Pursuant to Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, "[t]he pro hac vice motion shall designate at least one member of the bar of this Court and who is authorized to file through the Court's electronic filing system, with whom the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served, and who shall be required to electronically file and serve all documents and things that may be filed and served electronically, and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures." Movant, Janet R. Varnell, Esq., consented to electronically file but did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. Consequently, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #6 is DENIED WITHOUT PREJUDICE. Signed by Chief Judge K. Michael Moore on 2/26/2019. (jm01)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Seth R. Lesser. Filing Fee $ 75.00 Receipt # 113C-11423058 by FRANCIS HOUSTON. Responses due by 3/11/2019 (Attachments: #1 Text of Proposed Order)(Varnell, Janet) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 2/20/2019. (ah03)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 2/20/2019. (ah03)
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| Filing 3 Summons Issued as to Celtic Insurance Company, Centene Management Company, LLC, and SUNSHINE HEALTH COMMUNITY SOLUTIONS, INC. (ar2) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (ar2) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11401228, filed by FRANCIS HOUSTON. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Exhibit, #6 Exhibit, #7 Exhibit)(Varnell, Janet) |
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