Prestenbach et al v. Palumbo et al
Dale Prestenbach, D&M Pharmacy, Inc. and Lisa Prestenbach |
Vanessa Montero, Zalome Moscoso, Dockside Partners, LLC, Dr. J. Foster Chapman, Christina Bermudez, SOMA Health Solutions, LLC, Marc Singer, Dr. Joseph Palumbo, The Mitland Group, LLC, Chris Landau, Alliance Pharmacy Management, LLC, Real Value Products, Jason Lavoie, Landmark Supply, Inc., Dr. Ronnie Waldrop, John Does and Christian Spaw |
1:2020cv20571 |
February 7, 2020 |
US District Court for the Southern District of Florida |
Beth Bloom |
Lauren Fleischer Louis |
Racketeer/Corrupt Organization |
18 U.S.C. § 1961 |
Plaintiff |
Docket Report
This docket was last retrieved on April 6, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 59 PAPERLESS ORDER granting #58 Plaintiffs' Motion for Extension of Time. Plaintiffs must respond to the Motion to Dismiss, ECF No. #49 , by no later than April 22, 2020. Signed by Judge Beth Bloom. (ks01) |
Filing 58 Plaintiff's MOTION for Extension of Time to respond to Defendant Landmark Supply, Inc. and Dockside Partners, LLC's Motion to Dismiss First Amended Complaint re #49 MOTION to Dismiss #22 Amended Complaint, by D&M Pharmacy, Inc., Dale Prestenbach. Responses due by 4/20/2020 (McIntyre, Patrick) |
Filing 57 ORDER TO FILE PROOF OF SERVICE. Within seven (7) days of perfecting service upon the remaining Defendants, Plaintiff shall file proof of such service with the Court. Signed by Judge Beth Bloom on 4/1/2020. See attached document for full details. (amb) |
Filing 56 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lauren Fleischer Louis on 4/2/2020. See attached document for full details. (aw) |
Filing 55 MOTION to Quash Service of Process by The Mitland Group, LLC. (Rodriguez, Magda) |
Filing 54 NOTICE of Attorney Appearance by Magda Christina Rodriguez on behalf of The Mitland Group, LLC. Attorney Magda Christina Rodriguez added to party The Mitland Group, LLC(pty:dft). (Rodriguez, Magda) |
Filing 53 MOTION to Quash SERVICE OF PROCESS by Alliance Pharmacy Management, LLC. (Santisteban, Carlos) |
Filing 52 NOTICE of Attorney Appearance by Carlos Santisteban, Jr on behalf of SOMA Health Solutions, LLC. Attorney Carlos Santisteban, Jr added to party SOMA Health Solutions, LLC(pty:dft). (Santisteban, Carlos) |
Filing 51 NOTICE of Attorney Appearance by Carlos Santisteban, Jr on behalf of Alliance Pharmacy Management, LLC. Attorney Carlos Santisteban, Jr added to party Alliance Pharmacy Management, LLC(pty:dft). (Santisteban, Carlos) |
Filing 50 WAIVER OF SERVICE Returned Executed by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Real Value Products waiver sent on 3/20/2020, answer due 5/19/2020. (McIntyre, Patrick) |
Set Hearings Calendar Call set for 3/9/2021 01:45 PM in Miami Division before Judge Beth Bloom. (ls)(per DE #48 ) |
Filing 49 MOTION to Dismiss #22 Amended Complaint, by Dockside Partners, LLC, Landmark Supply, Inc.. Responses due by 4/8/2020 (Hasbun, Marcos) |
Filing 48 SCHEDULING ORDER: ( Amended Pleadings due by 5/26/2020., Discovery due by 11/17/2020., Expert Discovery due by 11/17/2020., Joinder of Parties due by 5/26/2020., Mediation Deadline 12/1/2020., In Limine Motions due by 12/9/2020., Dispositive Motions due by 12/9/2020., Motions due by 12/9/2020., Pretrial Stipulation due by 3/1/2021., Jury Trial set for 3/15/2021 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 3/9/2021 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Discovery Matters. Signed by Judge Beth Bloom on 3/25/2020. See attached document for full details. (ls) #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. Modified Text on 3/26/2020 (ls). |
Filing 47 Corporate Disclosure Statement by Dockside Partners, LLC, Landmark Supply, Inc. (Hasbun, Marcos) |
Filing 46 ORDER on Default Procedures: Requiring Defendants Response to Amended Complaint, Alliance Pharmacy Management, LLC response due 3/31/2020; Joseph Palumbo response due 3/31/2020; SOMA Health Solutions, LLC response due 3/31/2020; The Mitland Group, LLC response due 3/31/2020. If Defendants Fail to Respond, Plaintiff's Motion for Entry of Clerk's Default due 4/7/2020. Signed by Judge Beth Bloom on 3/25/2020. See attached document for full details. (ls) |
Filing 45 Defendant's MOTION to Quash Service of Process by Jason Lavoie. (Attachments: #1 Text of Proposed Order ORDER ON DEFENDANT JASON LAVOIES MOTION TO QUASH SERVICE OF PROCESS)(Cassidy, Bernard) |
Filing 44 NOTICE of Attorney Appearance by Joshua Maxwell Bloom on behalf of Jason Lavoie. Attorney Joshua Maxwell Bloom added to party Jason Lavoie(pty:dft). (Bloom, Joshua) |
Filing 43 NOTICE of Attorney Appearance by Bernard M. Cassidy on behalf of Jason Lavoie. Attorney Bernard M. Cassidy added to party Jason Lavoie(pty:dft). (Cassidy, Bernard) |
Filing 42 Clerks Notice of Docket Correction re #41 Order,. Document Not Attached to Original Entry; The document has been attached to this notice. (ls) |
Filing 41 ORDER on Default Procedures: Requiring Defendants to File Response to Amended Complaint, J. Foster Chapman response due 3/30/2020; Ronnie Waldrop response due 3/30/2020. If Defendants Fail to Respond, Plaintiff's Motion for Entry of Clerk's Default due 4/6/2020. Signed by Judge Beth Bloom on 3/23/2020. See attached document for full details. (ls). Modified Text on 3/23/2020 (ls). |
Set Answer Due Deadline as to Amended Complaint: Alliance Pharmacy Management, LLC response due 3/24/2020; Dockside Partners, LLC response due 3/26/2020; Landmark Supply, Inc. response due 3/26/2020; Jason Lavoie response due 3/25/2020; Joseph Palumbo response due 3/24/2020; SOMA Health Solutions, LLC response due 3/24/2020; The Mitland Group, LLC response due 3/24/2020. (ls)(per Chambers) |
Filing 40 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Jason Lavoie served on 3/11/2020, answer due 3/25/2020. (McIntyre, Patrick) |
Filing 39 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. SOMA Health Solutions, LLC served on 3/10/2020, answer due 3/24/2020. (McIntyre, Patrick) |
Filing 38 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. The Mitland Group, LLC served on 3/10/2020, answer due 3/24/2020. (McIntyre, Patrick) |
Filing 37 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Alliance Pharmacy Management, LLC served on 3/10/2020, answer due 3/24/2020. (McIntyre, Patrick) |
Filing 36 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Joseph Palumbo served on 3/10/2020, answer due 3/24/2020. (McIntyre, Patrick) |
Filing 35 SECOND Clerks Notice to Filer re #34 Summons Returned Executed, #33 Summons Returned Executed. Wrong Event Selected; ERROR - The Filer selected the wrong event when filing receipts for certified mail. All entries were converted to Certificates of Service by the Clerk. In the future the Filer is instructed to only use the Event - Summons Returned Executed for proper service only, not receipts for certified mail. It is not necessary to refile these documents. (ail) |
Filing 34 CERTIFICATE of Service via Certified Mail on #22 Amended Complaint by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc. Certified Mail received for Ronnie Waldrop via USPS on 3/6/2020 (McIntyre, Patrick) Text Modified on 3/11/2020 (ail). |
Filing 33 CERTIFICATE of Service via Certified Mail on #22 Amended Complaint by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Certified mailed received for J. Foster Chapman via USPS on 3/6/2020(McIntyre, Patrick) Text Modified on 3/11/2020 (ail). |
Filing 32 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc. Landmark Supply Inc. served on 3/3/2020, answer due 3/26/2020.(McIntyre, Patrick)Text Modified on 3/10/2020 (ail). |
Filing 31 NOTICE of Striking #28 Summons Returned Executed, filed by Dale Prestenbach, D&M Pharmacy, Inc., Lisa Prestenbach by D&M Pharmacy, Inc., Dale Prestenbach, Lisa Prestenbach (McIntyre, Patrick) |
Filing 30 Clerks Notice to Filer re #28 Summons Returned Executed,. Documents for Selected Party Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the correct documents for Landmark Supply, Inc. (ail) |
Filing 29 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Dockside Partners, LLC served on 3/3/2020, answer due 3/26/2020. (McIntyre, Patrick) |
Filing 28 **STRICKEN** SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. Landmark Supply, Inc. served on 3/3/2020, answer due 3/26/2020. (McIntyre, Patrick) Text Modified on 3/11/2020 per DE #31 Notice of Striking (ail). |
Filing 27 PAPERLESS ORDER granting #26 Motion for Extension of Time to File Response/Answer to Amended Complaint by Dockside Partners, LLC and Landmark Supply, Inc. by 3/26/2020. Re: #22 Amended Complaint, filed by Dale Prestenbach, D&M Pharmacy, Inc., Lisa Prestenbach. Signed by Judge Beth Bloom (BB) |
Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 Amended Complaint, by Dockside Partners, LLC, Landmark Supply, Inc.. Attorney Marcos E. Hasbun added to party Dockside Partners, LLC(pty:dft), Attorney Marcos E. Hasbun added to party Landmark Supply, Inc.(pty:dft). (Attachments: #1 Exhibit A)(Hasbun, Marcos) |
Filing 25 Summons Issued as to Alliance Pharmacy Management, LLC, J. Foster Chapman, Dockside Partners, LLC, Landmark Supply, Inc., Jason Lavoie, Vanessa Montero, Zalome Moscoso, Joseph Palumbo, Real Value Products, SOMA Health Solutions, LLC, Marc Singer, The Mitland Group, LLC, Ronnie Waldrop, Christian Spaw. (ail) |
Filing 24 Clerks Notice to Filer re #10 Certificate of Service, #11 Certificate of Service, #12 Certificate of Service, #13 Certificate of Service, #14 Summons Returned Executed, #15 Certificate of Service, #16 Certificate of Service, #17 Certificate of Service, #18 Certificate of Service, #19 Certificate of Service, #20 Certificate of Service AND #21 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. All entries were corrected by the Clerk. In the future the Filer is instructed to only use Summons Returned Executed for proper service only. It is not necessary to refile these documents. (ail) |
Filing 23 NOTICE of Filing Proposed Summons(es) by D&M Pharmacy, Inc., Dale Prestenbach, Lisa Prestenbach re #22 Amended Complaint, filed by Dale Prestenbach, D&M Pharmacy, Inc., Lisa Prestenbach (Attachments: #1 Summon(s) (Dr. Joseph Palumbo), #2 Summon(s) (Dr. J. Foster Chapman), #3 Summon(s) (Dr. Ronnie Waldrop), #4 Summon(s) (Alliance Pharmacy Management, LLC), #5 Summon(s) (The Mitland Group, LLC), #6 Summon(s) (Zalome Moscoso), #7 Summon(s) (SOMA Health Solutions, LLC), #8 Summon(s) (Christian Spaw), #9 Summon(s) (Jason Lavoie), #10 Summon(s) (Marc Singer), #11 Summon(s) (Vanessa Montero), #12 Summon(s) (Real Value Products), #13 Summon(s) (Landmark Supply Inc.), #14 Summon(s) (Dockside Partners, LLC)) (McIntyre, Patrick) |
Filing 22 First AMENDED COMPLAINT against All Defendants, filed by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. (Attachments: #1 Exhibit 1 (Alliance Agreement), #2 Exhibit 2 (Alliance Prescription Menus), #3 Exhibit 3 (Pink Slip), #4 Exhibit 4 (ESI Investigation))(McIntyre, Patrick) |
Filing 21 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc. SOMA Health Solutions, LLC served via USPS (McIntyre, Patrick)Text Modified on 3/2/2020 (ail). |
Filing 20 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. The Mitland Group, LLC served on 2/21/2020 via USPS (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 19 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Dockside Partners, LLC served on 2/13/2020 via USPS . (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 18 CERTIFICATE of Service via Certified Mail #1 Complaint by D&M Pharmacy, Inc.. Landmark Supply, Inc. served on 2/13/2020 via USPS (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 17 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Jason Lavoie served on 2/13/2020 via USPS. (McIntyre, Patrick)Text Modified on 3/2/2020 (ail). |
Filing 16 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Vanessa Montero served on 2/13/2020 via USPS. (McIntyre, Patrick)Text Modified on 3/2/2020 (ail). |
Filing 15 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Joseph Palumbo served on 2/13/2020 via USPS (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 14 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Real Value Products served on 2/14/2020 via USPS. (McIntyre, Patrick)Text Modified on 3/2/2020 (ail). |
Filing 13 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. J. Foster Chapman served on 2/18/2020 via USPS. (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 12 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Christina Bermudez served on 2/13/2020 via USPS (McIntyre, Patrick)Text Modified on 3/2/2020 (ail). |
Filing 11 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc.. Chris Landau served on 2/13/2020 via USPS. (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 10 CERTIFICATE of Service via Certified Mail re #1 Complaint by D&M Pharmacy, Inc. Alliance Pharmacy Management, LLC served via USPS on 2/21/2020. (McIntyre, Patrick) Text Modified on 3/2/2020 (ail). |
Filing 9 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 2/10/2020. See attached document for full details. (scn) |
Filing 8 NOTICE by D&M Pharmacy, Inc., Dale Prestenbach, Lisa Prestenbach re #1 Complaint,,, of Filing Exhibit 4 to Complaint (Attachments: #1 Exhibit 4 to Complaint (Termination Letter)) (McIntyre, Patrick) |
Filing 7 PAPERLESS ORDER granting ECF No. #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Samuel J. Lauricia III; granting ECF No. #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Walter A. Lucas; and granting ECF No. #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Randy L. Taylor. Signed by Judge Beth Bloom. (ks01) |
Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Randy L. Taylor. Filing Fee $ 75.00 Receipt # AFLSDC-12424642 by D&M Pharmacy, Inc., Dale Prestenbach, Lisa Prestenbach. Responses due by 2/24/2020 (Attachments: #1 Certification (Randy L. Taylor), #2 Text of Proposed Order (Randy L. Taylor))(McIntyre, Patrick) |
Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Walter A. Lucas. Filing Fee $ 75.00 Receipt # AFLSDC-12424624 by D&M Pharmacy, Inc., Dale Prestenbach, Lisa Prestenbach. Responses due by 2/24/2020 (Attachments: #1 Certification (Walter A. Lucas), #2 Text of Proposed Order (Walter A. Lucas))(McIntyre, Patrick) |
Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samuel J. Lauricia III. Filing Fee $ 75.00 Receipt # AFLSDC-12424610 by D&M Pharmacy, Inc., Dale Prestenbach, Lisa Prestenbach. Responses due by 2/24/2020 (Attachments: #1 Certification (Samuel J. Lauricia III), #2 Text of Proposed Order (Samuel J. Lauricia III))(McIntyre, Patrick) |
Filing 3 Summons Issued as to Alliance Pharmacy Management, LLC, Christina Bermudez, J. Foster Chapman, Dockside Partners, LLC, Chris Landau, Landmark Supply, Inc., Jason Lavoie, Vanessa Montero, Zalome Moscoso, Joseph Palumbo, Real Value Products, SOMA Health Solutions, LLC, Marc Singer, The Mitland Group, LLC, Ronnie Waldrop. (jao) |
Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (jao) |
Filing 1 COMPLAINT for Money Damages against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12417931, filed by Lisa Prestenbach, Dale Prestenbach, D&M Pharmacy, Inc.. (Attachments: #1 Exhibit 1 (Alliance Agreement), #2 Exhibit 2 (Alliance Prescription Menus), #3 Exhibit 3 (Pink Slip), #4 Civil Cover Sheet, #5 Summon(s) (Dr. Joseph Palumbo), #6 Summon(s) (Christina Bermudez), #7 Summon(s) (The Mitland Group), #8 Summon(s) (Zalome Moscoso), #9 Summon(s) (Dr. Ronnie Waldrop), #10 Summon(s) (Dr. J. Foster Chapman), #11 Summon(s) (Alliance Pharmacy Management, LLC), #12 Summon(s) (Vanessa Montero), #13 Summon(s) (Chris Landau), #14 Summon(s) (jason Lavoie), #15 Summon(s) (Marc Singer), #16 Summon(s) (SOMA Health Solutions, LLC), #17 Summon(s) (Real Value Products), #18 Summon(s) (Landmark Supply Inc.), #19 Summon(s) (Dockside Partners, LLC))(McIntyre, Patrick) |
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