Gilead Sciences, Inc. et al v. AJC Medical Group, Inc et al
Plaintiff: GILEAD SCIENCES IRELAND UC and GILEAD SCIENCES, INC.
Defendant: Cassandra Louissaint, Shonta Darden, Jennifer John Carbon, Shajuandrine Garcia, Labs4less LLC, Jean Rodney, Juan Jesus Salina, Alled Health Organization, Inc., Physician Preferred Pharmacy, Inc., Michel Poitevien, Chenara Anderson, Jesula Gabo, Maria Freeman, Viergela Joseph, Alliance Medical Center, Inc., Baikal Marketing Group, Inc., Alexander Evans, Community Health Medical Center LLC, Nick Myrtil, Myriam Augustine, Doctors United, Inc. D/B/A Doctors United Group, AJC Medical Group, Inc, John Catano, Ifeoma Nwofor, Barbara Gibson, Priority Health Medical Center, Inc., Willie Peacock, United Pharmacy LLC, Kerline Joseph, Juan Jesus Salina, M.D. Corp., Arsen Bazylenko, Mikhail Vesselov, Gary Kogan, Florimed Medical Center Corp., Tatiana Rozenblyum, Dimitry Shaposhnikov, Tomas Wharton, 3rd Step Recovery Group, Inc. D/B/A/ Continental Wellness Center, Testing Matters Inc., Michael Bogdan, Andre Kerr, Well Care LLC, Jean Charlot, Kirill Vesselov, Cora Mann, Tamara Alonso, Positive Health Alliance, Inc., Michael Pierce, Roman Shekhet, Twiggi Batista, Khadijah Carbon, Alejandro Castro, Erik Joseph Pavao, Augustine Carbon, Jean Alexandre, Barbara Bryant, A Better You Wellness Center, LLC, 3rd Step Recovery Group, Inc., Doctors United, Inc. doing business as Doctors United Group, Allied Health Organization, Inc., Elena Vesselov, Maureen Bogdan, Ivan Hyppolite, Maggie's Pharmacy, Leonid Holding, LLC, RTS Entertainment LLC, N60AJ, LLC, Navigator Solutions, Inc., Myrx Systems, LLC and AJVS, LLC
Counter Claimant: United Clinical Laboratory LLC
3Rd Party Defendant: Benzer FL 3 LLC d/b/a Elite Pharmacy
Case Number: 1:2020cv24523
Filed: November 3, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Aileen M Cannon
Referring Judge: Chris M McAliley
2 Judge: Alicia M Otazo-Reyes
3 Judge: Kathleen M Williams
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2022 Filing 829 STIPULATION re #794 Order on Motion to Amend/Correct,,, Order on Emergency Motion with Certification of Emergency,, #821 Temporary Restraining Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Text of Proposed Order Proposed Order on Modifying the Asset Freeze as to Certain Defendants)(Shapiro, Jay)
April 27, 2022 Filing 828 NOTICE of Voluntary Dismissal with Prejudice by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Shapiro, Jay)
April 27, 2022 Filing 827 Joint MOTION for Permanent Injunction by Consent and Dismissal with Prejudice by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Permanent Injunction by Consent and Dismissal with Prejudice)(Shapiro, Jay)
April 26, 2022 Filing 826 AFFIDAVIT in Support re #770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets of Aron Fischer and In Opposition to Defendants' Motion to Strike re [795-796] filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Shapiro, Jay)
April 26, 2022 Opinion or Order Filing 824 PAPERLESS ORDER granting #769 #816 #818 #823 the parties' Motions to File Depositions and Documents Under Seal. The Court grants the instant Motions to Seal for purposes of considering the Motion for Preliminary Injunction #770 on the expedited basis required. No additional motions to seal will be granted, however, absent a particularized and compelling justification sufficient to overcome the strong presumption of public access in court proceedings. Simply labeling materials "sensitive" or "for attorneys' eyes only" is insufficient, and usually there is a means to redact discrete personally identifiable information rather than seeking full sealing of court-filed materials. Signed by Judge Aileen M. Cannon on 4/26/2022. (dsy)
April 26, 2022 SYSTEM ENTRY - Docket Entry 826 [misc] restricted/sealed until further notice. (1916198)
April 25, 2022 Filing 823 Plaintiff's MOTION to Seal per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Shapiro, Jay)
April 25, 2022 Filing 822 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re 814 Motion Hearing,,, #806 Notice (Other) Notice of Intent to Reply on Declarations and Deposition Testimony (Attachments: #1 Transcripts of August 27, 2021 deposition of the Recruit Whistleblower, #2 Transcripts of September 30, 2021 deposition of the Recruit Whistleblower, #3 Transcripts of April 13, 2022 deposition of Donna Quan, #4 Transcripts of October 11, 2021 deposition of Emilio Garcia, #5 Transcripts of October 12, 2021 deposition of Emilio Garcia, #6 Transcripts of January 7, 2022 deposition of Michael Bogdan, #7 Transcripts of January 25, 2022 deposition of Gary Kogan) (Shapiro, Jay)
April 25, 2022 Opinion or Order Filing 821 ORDER EXTENDING AND FURTHER MODIFYING TEMPORARY RESTRAINING ORDER. Signed by Judge Aileen M. Cannon on 4/25/2022. See attached document for full details. (jas)
April 25, 2022 Filing 820 NOTICE by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov re #798 Response in Opposition to Motion,,,, (Attachments: #1 Transcripts Donna Quan, #2 Transcripts Gary Kogan, #3 Transcripts The Recruit Whistleblower, #4 Transcripts Emilio Garcia) (Riker, Cheyenne)
April 25, 2022 Filing 819 Clerks Notice to Filer re #813 Stipulation,. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (jas)
April 25, 2022 Filing 818 Amended MOTION to Seal per Local Rule 5.4 by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov. (Riker, Cheyenne)
April 25, 2022 Filing 817 NOTICE of Striking #815 MOTION to Seal per Local Rule 5.4 filed by 215 W 4th Street QOF, LLC, United Pharmacy LLC, UDT Software, LLC, Indiana Wellness Rx, LLC, United Clinical Laboratories of New Jersey, LLC, Leonid Holding, LLC, The Recovery Team, Inc, Kirill Vesselov, Haven Health Management, LLC, Roman Shekhet, Community Health Medical Center LLC, Prevent Rx 3, LLC, Elena Vesselov, Mikhail Vesselov, N60AJ, LLC, United Construction Partners, LLC, RTS Entertainment LLC, United Dialysis Center, Inc, KMG Holdings, LLC, Indiana Center for Recovery, LLC, United Clinical Laboratory LLC, The Haven Detox LLC by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov (Riker, Cheyenne)
April 25, 2022 Filing 816 Defendant's MOTION File Under Seal re #815 MOTION to Seal per Local Rule 5.4 by Michael Bogdan. (Sztyndor, Robyn)
April 25, 2022 Filing 815 MOTION to Seal per Local Rule 5.4 by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov. (Riker, Cheyenne)
April 24, 2022 Filing 814 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Preliminary Injunction Hearing held on April 22, 2022. The Court heard argument and evidence on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction #770 . Defense Witnesses: Peter Lai and Eric Lee sworn and testified. Evidentiary hearing to resume on April 29, 2022 at 9:30 A.M. Orders to follow. Total time in Court: 2.5 hours. Attorney Appearances: Amanda S. First, Coral Del Mar Lopez, Devon Hercher, Geoffrey Potter, Jay Brian Shapiro, Joshua Kipness, Lachlan Campbell Verduyn, Aron Fischer, Michael Sayre, Lonnie D. Johnson, Cheyenne Nathaniel Riker, Staci Genet, Crane Allerton Johnstone, Robyn Lynn Sztyndor. Other Appearances: Carolina Bolado, Eric Lee, Keith D. Silverstein, Hank Fishkind, Peter Lai, Maxwell Weiss, Mike McGovern, David Rothstein, Twiggi Batista, Michael Bogdan. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (dsy)
April 22, 2022 Filing 813 STIPULATION re #794 Order on Motion to Amend/Correct,,, Order on Emergency Motion with Certification of Emergency,, and Proposed Order Modifying The Asset Freeze as to United Defendants by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Shapiro, Jay)
April 22, 2022 Filing 811 AFFIDAVIT signed by: Cheyenne Riker re #798 Response in Opposition to Motion,,,, by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov (Attachments: #1 Exhibit A - Affidavit of Kirill Vesselov, #2 Exhibit B - Affidavit of Mikhail Vesselov, #3 Exhibit C - Affidavit of Roman Shekhet, #4 Exhibit D - Kogan Deposition Transcript, #5 Exhibit E - Garcia Deposition Transcript)(Riker, Cheyenne)
April 22, 2022 Filing 810 Clerks Notice to Filer re #809 Notice (Other),. Missing Filer Name(s); ERROR - The filer failed to select all parties. The correction was made by the Clerk. It is not necessary to refile this document. (cds)
April 22, 2022 Filing 809 NOTICE by Michael Bogdan, Testing Matters Inc., Physician Preferred Pharmacy, Inc., Navigator Solutions, Inc., Myrx Systems, LLC. Maggie's Pharmacy, Ivan Hyppolite, Maureen Bogdan and Twiggi Batista re #806 Notice (Other) of Objection Under Fed. R. Civ. P. (Sztyndor, Robyn) Modified Filers on 4/22/2022 (cds).
April 22, 2022 SYSTEM ENTRY - Docket Entry 812 [misc] restricted/sealed until further notice. (520390)
April 21, 2022 Opinion or Order Filing 808 PAPERLESS ORDER granting #805 Plaintiffs' Motion to Exceed Page Limit. Signed by Judge Aileen M. Cannon on 4/21/2022. (dsy)
April 21, 2022 Opinion or Order Filing 807 PAPERLESS ORDER granting #804 Plaintiffs' Motion to File Under Seal. Plaintiffs may file Exhibit 1 to the April 21, 2022 Declaration of William B. Waldie under seal. Signed by Judge Aileen M. Cannon on 4/21/2022. (dsy)
April 21, 2022 Filing 806 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re 785 Notice re Hearing of Intent to Present Testimony (Shapiro, Jay)
April 21, 2022 Filing 805 Plaintiff's MOTION for Leave to File Excess Pages as to ECF No. 801 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
April 21, 2022 Filing 804 Plaintiff's MOTION to Seal per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Shapiro, Jay)
April 21, 2022 Filing 803 NOTICE by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, Prevent Rx, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov re 785 Notice re Hearing Notice Of Intent To Rely On Sworn Deposition Testimony (Riker, Cheyenne)
April 21, 2022 Filing 802 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #801 Reply to Response to Motion,, of Supplemental Filing (Attachments: #1 Affidavit, #2 Exhibit 1) (Shapiro, Jay)
April 21, 2022 Filing 801 Plaintiff's REPLY to Response to Motion re #770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets Opposition to Defendants' Motions to Dissolve and Opposition to Bogdan Defendants' Motion to Strike filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Shapiro, Jay)
April 21, 2022 Filing 800 NOTICE by Michael Bogdan re 785 Notice re Hearing Intent to Rely Admit Sworn Deposition Testimony (Sztyndor, Robyn)
April 21, 2022 Filing 799 NOTICE by Michael Bogdan re #798 Response in Opposition to Motion,,,, Notice of Joinder (Sztyndor, Robyn)
April 20, 2022 Filing 798 RESPONSE in Opposition re #770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets filed by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Detox MA, LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, Prevent Rx, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov. Replies due by 4/27/2022. (Attachments: #1 Memorandum in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction Freezing Certain Assets with Objection to Sufficiency of Bond and Motion to Dissolve)(Riker, Cheyenne)
April 20, 2022 Filing 797 NOTICE by Michael Bogdan re #773 Notice (Other),, #781 Defendant's MOTION to Amend/Correct #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, Set/Reset Deadlines/Hearings, #778 MOTION to Amend/Correct [773, #796 Defendant's MOTION to Strike #773 Notice (Other),, #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, for Fraud on the Court Supporting Affidavits with Exhibits (Sztyndor, Robyn)
April 20, 2022 Filing 796 Defendant's MOTION to Strike #773 Notice (Other),, #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, for Fraud on the Court by Twiggi Batista. Responses due by 5/4/2022 (Sztyndor, Robyn)
April 20, 2022 Filing 795 Defendant's MOTION to Strike 785 Notice re Hearing, #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, Declarations for Fraud on the Court by Michael Bogdan. Responses due by 5/4/2022 (Sztyndor, Robyn)
April 20, 2022 Opinion or Order Filing 794 ORDER MODIFYING ASSET FREEZE granting #778 Gilead's Motion to Modify the Asset Freeze as to the Bogdan Defendants; modifying #779 the Court's April 12, 2022 Temporary Restraining Order; denying as moot #780 United Defendants' Motion to Modify. The Preliminary Injunction Hearing remains set for April 22, 2022 at 9:30 A.M. Any party who wishes to be heard on the Temporary Restraining Order (or any modifications thereto), or the proposed Preliminary Injunction, should be prepared to present any evidence or argument during the hearing. Signed by Judge Aileen M. Cannon on 4/20/2022. See attached document for full details. (wc)
April 20, 2022 Filing 793 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re 788 Order on Motion to Seal, (Attachments: #1 Transcripts Ex Parte Hearing Transcript, #2 Exhibit PPT Presentation) (Shapiro, Jay)
April 20, 2022 Filing 792 STIPULATION re #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, and [Proposed Order] Modifying the Asset Freeze Order As To Certain Defendants and Modifying Certain Dates Relating to Plaintiffs' Motion for a Preliminary Injunction by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov (Riker, Cheyenne)
April 20, 2022 Filing 791 NOTICE of Striking #789 Stipulation,, filed by 215 W 4th Street QOF, LLC, United Pharmacy LLC, UDT Software, LLC, Indiana Wellness Rx, LLC, United Clinical Laboratories of New Jersey, LLC, Leonid Holding, LLC, The Recovery Team, Inc, Kirill Vesselov, Haven Health Management, LLC, Roman Shekhet, Community Health Medical Center LLC, Prevent Rx 3, LLC, Elena Vesselov, Mikhail Vesselov, N60AJ, LLC, United Construction Partners, LLC, RTS Entertainment LLC, United Dialysis Center, Inc, KMG Holdings, LLC, Indiana Center for Recovery, LLC, United Clinical Laboratory LLC, The Haven Detox LLC by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov (Riker, Cheyenne)
April 20, 2022 Filing 790 Clerks Notice to Filer re #789 Stipulation. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jua)
April 20, 2022 Filing 789 (STRICKEN PER DE#791)STIPULATION by 215 W 4th Street QOF, LLC, Community Health Medical Center LLC, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, KMG Holdings, LLC, Leonid Holding, LLC, N60AJ, LLC, Prevent Rx 3, LLC, RTS Entertainment LLC, Roman Shekhet, The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Elena Vesselov, Kirill Vesselov, Mikhail Vesselov (Riker, Cheyenne)Text Modified on 4/20/2022 (cqs).
April 20, 2022 Opinion or Order Filing 788 PAPERLESS ORDER denying #787 Plaintiffs' Motion to File Under Seal. On or before April 21, 2022, Plaintiffs shall file on CM/ECF the ex parte hearing transcript and presentation, redacting as necessary the limited references to personally identifiable information in those documents. Signed by Judge Aileen M. Cannon on 4/20/2022. (dsy)
April 19, 2022 Filing 787 Plaintiff's MOTION to Seal per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Transcripts, #2 Exhibit Presentation) (Shapiro, Jay)
April 19, 2022 Filing 786 STIPULATION re #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, and [Proposed Order] Modifying the Asset Freeze Order as to Defendant Ivan Hyppolite by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Shapiro, Jay)
April 19, 2022 Filing 785 PAPERLESS NOTICE of Hearing: Preliminary Injunction Hearing set for 4/22/2022 09:30 AM in Fort Pierce Division before Judge Aileen M. Cannon. (tgs)
April 18, 2022 Opinion or Order Filing 784 PAPERLESS NOTICE RESCHEDULING HEARING: Motion Hearing on #770 Plaintiffs' Motion for Preliminary Injunction is rescheduled from the current date of April 29, 2022 #779 to April 22, 2022 at 9:30 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. Any motions objecting to the temporary restraining order #779 or otherwise seeking to modify it shall be filed no later than April 20, 2022, and any responses thereto are due by 7:00 PM on April 21, 2022. Signed by Judge Aileen M. Cannon on 4/18/2022. (dsy)
April 18, 2022 Filing 783 RESPONSE in Opposition re #780 EMERGENCY MOTION with Certification of Emergency included and Cross-Motion to Modify Asset Freeze Order as to Certain Defendants filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 4/25/2022. (Attachments: #1 Affidavit of Joshua Kipnees, #2 Exhibit 1 of Kipnees Declaration, #3 Exhibit 2 of Kipnees Declaration, #4 Exhibit 3 of Kipnees Declaration, #5 Exhibit 4 of Kipnees Declaration, #6 Exhibit 5 of Kipnees Declaration, #7 Exhibit 6 of Kipnees Declaration, #8 Text of Proposed Order)(Shapiro, Jay)
April 18, 2022 Filing 782 First AMENDED COMPLAINT against 215 W 4th Street QOF, LLC, 3rd Step Recovery Group, Inc., A Better You Wellness Center, LLC, AJC Medical Group, Inc, Jean Alexandre, Alliance Medical Center, Inc., Allied Health Organization, Inc., Tamara Alonso, Chenara Anderson, Myriam Augustine, Baikal Marketing Group, Inc., Twiggi Batista, Arsen Bazylenko, Michael Bogdan, Barbara Bryant, Augustine Carbon, Jennifer John Carbon, Khadijah Carbon, Alejandro Castro, John Catano, Jean Charlot, Community Health Medical Center LLC, Shonta Darden, Doctors United, Inc., Alexander Evans, Florimed Medical Center Corp., Maria Freeman, Jesula Gabo, Shajuandrine Garcia, Barbara Gibson, Haven Health Management, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, Kerline Joseph, Viergela Joseph, Juan Jesus Salina, M.D. Corp., KMG Holdings, LLC, Andre Kerr, Gary Kogan, Labs4less LLC, Cassandra Louissaint, Cora Mann, Nick Myrtil, Ifeoma Nwofor, Erik Joseph Pavao, Willie Peacock, Physician Preferred Pharmacy, Inc., Michael Pierce, Michel Poitevien, Positive Health Alliance, Inc., Prevent Rx 3, LLC, Prevent Rx, LLC, Priority Health Medical Center, Inc., Jean Rodney, Tatiana Rozenblyum, Juan Jesus Salina, Dimitry Shaposhnikov, Roman Shekhet, Testing Matters Inc., The Haven Detox LLC, The Recovery Team, Inc, UDT Software, LLC, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov, Well Care LLC, Tomas Wharton, Elena Vesselov, Maureen Bogdan, Ivan Hyppolite, Maggie's Pharmacy, Leonid Holding, LLC, RTS Entertainment LLC, N60AJ, LLC, Navigator Solutions, Inc., Myrx Systems, LLC, AJVS, LLC filed in response to Order Granting Motion for Leave, filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shapiro, Jay)
April 18, 2022 Filing 781 Defendant's MOTION to Amend/Correct #779 Order on Motion for Temporary Restraining Order,, Order on Motion for Leave to File,, Order on Motion for Leave to File Excess Pages, Set/Reset Deadlines/Hearings, #778 MOTION to Amend/Correct #773 Notice (Other),, #770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets by Michael Bogdan. Responses due by 5/2/2022 (Attachments: #1 Exhibit transcript testimony)(Sztyndor, Robyn)
April 18, 2022 Filing 780 EMERGENCY MOTION with Certification of Emergency included by Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 5/2/2022 (Attachments: #1 Memorandum Memorandum of Law in Support of Emergency Motion to Modify Ex Parte Order And Request For Immediate Hearing On The Limited Issue Of Releasing Certain United Health Defendants' Bank Accounts From The Ex Parte, #2 Affidavit Declaration of Cheyenne Riker, #3 Exhibit Exhibit A to Declaration of Cheyenne Riker, #4 Exhibit Exhibit B to Declaration of Cheyenne Riker, #5 Exhibit Exhibit C to Declaration of Cheyenne Riker, #6 Exhibit Exhibit D to Declaration of Cheyenne Riker)(Riker, Cheyenne)
April 18, 2022 Filing 778 MOTION to Amend/Correct #773 Notice (Other),, #770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 5/2/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Shapiro, Jay)
April 18, 2022 Filing 777 NOTICE of filing Surety Bond by Gilead Sciences, Inc. (Attachments: #1 Supplement) (lbc)
April 15, 2022 Opinion or Order Filing 779 ORDER Following Ex Parte Motion Hearing granting #770 Motion for Temporary Restraining Order; granting #771 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; granting #772 Motion for Leave to File Excess Pages. Signed by Judge Aileen M. Cannon on 4/12/2022. See attached document for full details. (dj) Modified on 4/18/2022 (tgs).(fixed spacing)
April 15, 2022 Set Hearings Preliminary Injunction Hearing set for 4/29/2022 09:30 AM before Judge Aileen M. Cannon. (dj)
April 15, 2022 Filing 776 CERTIFICATE of Counsel re #773 Notice (Other),, of Filing Order Following Ex Parte Motion Hearing by Jay Brian Shapiro on behalf of Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Shapiro, Jay)
April 15, 2022 Filing 775 NOTICE of Filing Proposed Summons(es) by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #771 Plaintiff's MOTION for Leave to File Amended Complaint Ex Parte filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC (Attachments: #1 Summon(s) RTS Entertainment LLC, #2 Summon(s) N6OAJ, LLC, #3 Summon(s) Ivan Hyppolite, #4 Summon(s) AJVS, LLC, #5 Summon(s) Maureen Bogdan, #6 Summon(s) Maggie's Pharmacy, #7 Summon(s) Navigator Solutions, Inc., #8 Summon(s) MyRx Systems, LLC, #9 Summon(s) The Recovery Team, Inc., #10 Summon(s) United Construction Partners, LLC, #11 Summon(s) KMG Holdings, LLC, #12 Summon(s) United Dialysis Center, Inc., #13 Summon(s) The Haven Detox LLC, #14 Summon(s) Prevent Rx3, LLC, #15 Summon(s) Indiana Center for Recovery, LLC, #16 Summon(s) United Clinical Laboratory of New Jersey, LLC, #17 Summon(s) UDT Software LLC, #18 Summon(s) Prevent Rx, LLC, #19 Summon(s) Indiana Wellness Rx, LLC, #20 Summon(s) Haven Health Management LLC, #21 Summon(s) 215 West 4th St QOF (United Central Service Company, Inc.), #22 Summon(s) Leonid Holding, LLC, #23 Summon(s) Elena Vesselov) (Shapiro, Jay)
April 15, 2022 Filing 774 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Ex Parte Motion Hearing held on March 29, 2022. Plaintiffs presented argument on their three ex parte motions #770 #771 #772 . The Court granted the Ex Parte Motion for Leave to Amend #771 and the Ex Parte Motion to Exceed the Page Limit #772 , and reserved ruling on the Ex Parte Motion for Entry of a Temporary Restraining Order and Preliminary Injunction #770 . Order to follow. Total time in court: 120 minutes. Attorney Appearances: Geoffrey Potter, Aron Fischer, Joshua Kipnees, Lachlan Campbell-Verduyn, Jay Shapiro. Other Appearances: Lori Mayall, Nell Clement. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (dsy)
April 15, 2022 Filing 773 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #771 Plaintiff's MOTION for Leave to File Amended Complaint Ex Parte, #770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets, #772 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum of Points and Authorities in Support RE: April 12, 2022 Order Following Ex Parte Motion Hearing (Attachments: #1 Exhibit A - April 12, 2022 Order Following Ex Parte Motion Hearing) (Shapiro, Jay)
April 15, 2022 Filing 772 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum of Points and Authorities in Support by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
April 15, 2022 Filing 771 Plaintiff's MOTION for Leave to File Amended Complaint Ex Parte by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Shapiro, Jay)
April 15, 2022 Filing 770 Plaintiff's MOTION for Temporary Restraining Order Ex Parte and Preliminary Injunction Freezing Certain Assets by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 4/29/2022 (Attachments: #1 Memorandum of Law, #2 Affidavit Quan Declaration, #3 Affidavit Kipnees Declaration, #4 Exhibit 1-32 of Kipnees Declaration, #5 Exhibit 33-48 of Kipnees Declaration, #6 Exhibit 49-63 of Kipnees Declaration, #7 Exhibit 66-75 of Kipnees Declaration, #8 Exhibit 76-90 of Kipnees Declaration, #9 Affidavit Potter Declaration, #10 Exhibit 1-3 of Potter Declaration, #11 Exhibit 4 of Potter Declaration, #12 Exhibit 5-8 of Potter Declaration, #13 Affidavit Waldie Declaration, #14 Exhibit 2 of Waldie Declaration, #15 Exhibit A-F of Waldie Declaration, #16 Exhibit A-I of Waldie Declaration, #17 Text of Proposed Order)(Shapiro, Jay)
April 15, 2022 Filing 769 Plaintiff's MOTION to Seal and Memorandum of Points and Authorities in Support per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Shapiro, Jay)
April 14, 2022 Filing 768 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jennifer John Carbon. (Howard, David)
April 14, 2022 Filing 767 NOTICE of Attorney Appearance by Keith David Silverstein on behalf of Willie Peacock, Well Care LLC. Attorney Keith David Silverstein added to party Willie Peacock(pty:dft), Attorney Keith David Silverstein added to party Well Care LLC(pty:dft). (Silverstein, Keith)
April 7, 2022 Filing 766 TRANSCRIPT of Discovery Hearing held on 3/28/2022 before Magistrate Judge Alicia M. Otazo-Reyes, 1-21 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022. (apz)
April 7, 2022 Filing 765 CONSENT FINAL JUDGMENT AS TO THE CONTINENTAL WELLNESS DEFENDANTS. Maria Freeman, Barbara Gibson, Michael Pierce, 3rd Step Recovery Group, Inc. and Chenara Anderson terminated. Signed by Judge Aileen M. Cannon on 4/7/2022. See attached document for full details. (jas)
April 7, 2022 Filing 764 NOTICE of Attorney Appearance by Marian Grace Kennady on behalf of Jean Alexandre, Alliance Medical Center, Inc., Michel Poitevien, Jean Rodney. Attorney Marian Grace Kennady added to party Jean Alexandre(pty:dft), Attorney Marian Grace Kennady added to party Alliance Medical Center, Inc.(pty:dft), Attorney Marian Grace Kennady added to party Michel Poitevien(pty:dft), Attorney Marian Grace Kennady added to party Jean Rodney(pty:dft). (Kennady, Marian)
April 7, 2022 Opinion or Order Filing 763 PAPERLESS ORDER granting #761 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to the United Defendants' Counterclaims. Plaintiffs shall answer or respond to the United Defendants' counterclaims #733 on or before May 6, 2022. Signed by Judge Aileen M. Cannon on 4/7/2022. (dsy)
April 5, 2022 Filing 762 Amended MOTION to Approve Consent Judgment between Plaintiffs and Continental Wellness Defendants by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 4/19/2022 (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
April 5, 2022 Filing 761 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #733 Answer to Complaint,, Counterclaim, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
April 1, 2022 Opinion or Order Filing 760 ORDER ON REQUEST TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT. Denying #759 Motion for Entry of Consent Judgment as to the Continental Wellness Defendants. Signed by Judge Aileen M. Cannon on 4/1/2022. See attached document for full details. (jas)
March 31, 2022 Filing 759 Joint MOTION to Approve Consent Judgment between Plaintiffs and Continental Wellness Defendants by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 4/14/2022 (Attachments: #1 Text of Proposed Order Proposed Consent Judgment)(Shapiro, Jay)
March 28, 2022 Opinion or Order Filing 758 PAPERLESS ORDER clarifying #754 Order on Default Final Judgment Procedure. The deadline for Plaintiffs to move for default final judgment shall be adjourned until the liability of the other Defendants has been established by summary judgment, trial, or otherwise. Signed by Judge Aileen M. Cannon on 3/28/2022. (dsy)
March 28, 2022 Opinion or Order Filing 757 ORDER re #717 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/28/2022. See attached document for full details. (aa00)
March 28, 2022 Filing 756 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 3/28/2022. Total time in court: 29 minutes. Attorney Appearance(s): Joshua Kipnees and Devon Hercher appeared on behalf of Plaintiffs. Cheyenne Nathaniel Riker and Crane Allerton Johnstone appeared on behalf of Defendants Physician Preferred Pharmacy, Inc., Testing Matters, Inc., Twiggi Batista and Michael Bogdan. Lonnie D. Johnson, Cheyenne Riker, John Stringfield and Staci H. Genet appeared on behalf of Defendants Community Health Medical Center, LLC, United Clinical Laboratory, LLC, United Pharmacy, LLC, Roman Shekhet, Kirill Vesselov and Mikhail Vesselov. Order to follow. (Digital ATT Recording AOR_03_3/28/2022 - DAR Back-Up 15:29:11 - 15:58:58) (sl)
March 23, 2022 Filing 755 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Tamara Alonso. (jas)
March 23, 2022 Opinion or Order Filing 754 ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE. Signed by Judge Aileen M. Cannon on 3/22/2022. See attached document for full details. (jas)
March 21, 2022 Filing 753 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Khadijah Carbon. (jas)
March 21, 2022 Filing 752 Clerks Entry of Default as to Augustine Carbon, Khadijah Carbon, Tamara Alonso, Jean Alexandre, Michael Poitevien, Jean Rodney, Alliance Medical Center, Inc., Doctors United, Inc.. Signed by DEPUTY CLERK on 3/21/2022. (jas)
March 21, 2022 Filing 751 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Doctors United, Inc.. (Howard, David)
March 21, 2022 Filing 750 CLERK'S NOTICE re #717 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 3/28/2022 at 3:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0328. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (aa00)
March 18, 2022 Filing 749 Consent by Pro Se Litigant (Non-Prisoner) Tamara Alonso to receive Notices of Electronic Filing at email address: tamystgo@hotmail.com (jas)
March 18, 2022 Opinion or Order Filing 748 ORDER granting #726 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Jennifer John Carbon Response/Answer due 4/15/2022. Signed by Judge Aileen M. Cannon on 3/18/2022. See attached document for full details. (jas)
March 18, 2022 Filing 747 MOTION for Clerks Entry of Default as to Jean Alexandre, Alliance Medical Center, Inc., Tamara Alonso, Augustine Carbon, Khadijah Carbon, Doctors United, Inc., Michel Poitevien, Jean Rodney by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Shapiro, Jay)
March 18, 2022 Opinion or Order Filing 746 PAPERLESS ORDER granting #725 MOTION to Withdraw as Attorney. R. James Madigan, III is hereby withdrawn as an attorney of record for Plaintiffs Gilead Sciences Ireland UC and Gilead Sciences, Inc. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/18/2022. (aa00)
March 18, 2022 Filing 745 NOTICE by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov (Riker, Cheyenne)
March 18, 2022 Filing 744 Alexander Evans' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Alexander Evans. (Waldman, Glen)
March 18, 2022 Filing 743 Alejandro Castro's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Alejandro Castro. (Waldman, Glen)
March 18, 2022 Filing 742 Myriam Augustine's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Myriam Augustine. (Waldman, Glen)
March 18, 2022 Filing 741 A Better You Wellness Center, LLC's ANSWER and Affirmative Defenses to Complaint with Jury Demand by A Better You Wellness Center, LLC. (Waldman, Glen)
March 18, 2022 Filing 740 Allied Health Organization, Inc.'s ANSWER and Affirmative Defenses to Complaint with Jury Demand by Allied Health Organization, Inc.. (Waldman, Glen)
March 18, 2022 Filing 739 NOTICE of Striking re 737 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,, by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans (Waldman, Glen)
March 18, 2022 Opinion or Order Filing 738 PAPERLESS ORDER granting #735 the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John Stringfield. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 3/18/2022. (dsy)
March 17, 2022 Filing 737 Clerks Notice to Filer re #729 Answer to Complaint, #730 Answer to Complaint, #731 Answer to Complaint, #732 Answer to Complaint, #734 Answer to Complaint. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas)
March 17, 2022 Filing 736 Clerks Notice to Filer re #725 NOTICE/Other. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas)
March 17, 2022 Filing 735 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John Stringfield. Filing Fee $ 200.00 Receipt # AFLSDC-15484624 by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 3/31/2022 (Attachments: #1 Certification of John Stringfield, #2 Proposed Order)(Riker, Cheyenne)
March 17, 2022 Filing 734 STRICKEN per DE#739 , Alexander Evans' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Alexander Evans. (Lam, Jeffrey) Modified text on 3/18/2022 (jas).
March 16, 2022 Filing 733 ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against Gilead Sciences Ireland UC, Gilead Sciences, Inc. by United Clinical Laboratory LLC, Roman Shekhet, Kirill Vesselov, United Pharmacy LLC, Community Health Medical Center LLC, Mikhail Vesselov. (Riker, Cheyenne)
March 16, 2022 Filing 732 STRICKEN per DE#739 , Myriam Augustine's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Myriam Augustine. (Lam, Jeffrey) Modified text on 3/18/2022 (jas).
March 16, 2022 Filing 731 STRICKEN per DE#739 , Alejandro Castro's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Alejandro Castro. (Lam, Jeffrey) Modified text on 3/18/2022 (jas).
March 16, 2022 Filing 730 STRICKEN per DE#739 ,, A Better You Wellness Center, LLC's ANSWER and Affirmative Defenses to Complaint with Jury Demand by A Better You Wellness Center, LLC. (Lam, Jeffrey) Modified text on 3/18/2022 (jas).
March 16, 2022 Filing 729 STRICKEN per DE#739 , Allied Health Organization, Inc.'s ANSWER and Affirmative Defenses to Complaint with Jury Demand by Allied Health Organization, Inc.. (Lam, Jeffrey) Modified text on 3/18/2022 (jas).
March 16, 2022 Filing 728 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand Testing Matters Inc., Bogdan, Batista and by Physician Preferred Pharmacy, Inc.. (Sztyndor, Robyn)
March 16, 2022 Filing 727 ANSWER to Complaint by Shajuandrine Garcia, Willie Peacock, Well Care LLC. (Noble, Kenneth)
March 16, 2022 Filing 726 Unopposed MOTION for Extension of Time to File Response/Reply/Answer nunc pro tunc by Jennifer John Carbon. (Howard, David)
March 16, 2022 Filing 725 Motion to Withdraw as Attorney by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re R. James Madigan's Withdrawal As Counsel to Plaintiffs (Shapiro, Jay) Modified to add Motion Relief on 3/17/2022 (jas).
March 15, 2022 Opinion or Order Filing 723 PAPERLESS ORDER granting #720 and #721 the Motions to Appear Pro Hac Vice, Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing for Attorneys Aron Fischer and Maxwell K. Weiss. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels' pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 3/15/2022. (dsy)
March 14, 2022 Opinion or Order Filing 724 ORDER DIRECTING PLAINTIFFS TO SEEK CLERK'S DEFAULT AS TO DEFENDANT JENNIFER JOHN CARBON. Signed by Judge Aileen M. Cannon on 3/14/2022. See attached document for full details. (jas)
March 14, 2022 Filing 722 NOTICE of Attorney Appearance by David Adrian Howard on behalf of Doctors United, Inc.. Attorney David Adrian Howard added to party Doctors United, Inc. (pty:dft). (Howard, David)
March 14, 2022 Filing 721 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Maxwell K. Weiss. Filing Fee $ 200.00 Receipt # AFLSDC-15472928 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 3/28/2022 (Attachments: #1 Certification of Maxwell K. Weiss, #2 Text of Proposed Order)(Shapiro, Jay)
March 14, 2022 Filing 720 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aron Fischer. Filing Fee $ 200.00 Receipt # AFLSDC-15472857 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 3/28/2022 (Attachments: #1 Certification of Aron Fischer, #2 Text of Proposed Order)(Shapiro, Jay)
March 7, 2022 Filing 719 SECOND Clerk's Notice of Undeliverable Mail re 704 Order on Motion for Extension of Time to File Response/Reply/Answer, 705 Order,,. US Mail returned for: Nick Myrtil. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
March 4, 2022 Opinion or Order Filing 718 SECOND OMNIBUS CASE MANAGEMENT ORDER. Motion for Clerk's Entry of Default as to Defendants Augustine Carbon, Khadijah Carbon, Tamara Alonso, Jean Alexandre, Michael Poitevien, Jean Rodney, Alliance Medical Center, Inc., and Doctors United, Inc. due on or before 3/18/2022. Jennifer John Carbon response/answer to complaint due 3/9/2022. Signed by Judge Aileen M. Cannon on 3/4/2022. See attached document for full details. (jas)
February 25, 2022 Filing 717 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 3/28/2022 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Shapiro, Jay)
February 24, 2022 Opinion or Order Filing 716 PAPERLESS ORDER granting #713 the Well Care Defendants' Motion for Enlargement of Time to File Answer to Complaint. The Well Care Defendants shall file their answer on or before March 16, 2022. Signed by Judge Aileen M. Cannon on 2/24/2022. (dsy)
February 24, 2022 Opinion or Order Filing 715 PAPERLESS ORDER granting #711 the Continental Defendants' Motion for Extension of Time to File Answer to the Complaint. The Continental Defendants shall file their answer on or before March 16, 2022. Signed by Judge Aileen M. Cannon on 2/24/2022. (dsy)
February 23, 2022 Opinion or Order Filing 714 ORDER FOLLOWING HEARING. Allied Health Organization, Inc., A Better You Wellness Center, LLC., Myriam Augustine, Alejandro Castro, Alexander Evans, Mikhail Vesselov, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Community Health Medical Center, LLC, Michael Bogdan, Twiggi Batista, Testing Matters, Inc., and Physician Preferred Pharmacy, Inc., response/answer to complaint due 3/16/2022. Absent a court order to the contrary, all other defendants (not listed in paragraph 3 of this Order) shall file an answer to the complaint on or before 2/24/2022. Augustine Carbon, Khadijah Carbon, Tamara Alonso, Jean Alexandre, Michel Poitevien, and Jean Alexandre deadline to retain counsel is 2/28/2022. Alliance Medical Center, Inc. and Doctors United, Inc. deadline to retain counsel is 3/2/2022. Signed by Judge Aileen M. Cannon on 2/23/2022. See attached document for full details. (jas)
February 23, 2022 Filing 713 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Shajuandrine Garcia, Willie Peacock, Well Care LLC. (Attachments: #1 PROPOSED ORDER)(Noble, Kenneth)
February 23, 2022 Filing 712 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on February 23, 2022. The parties discussed the status of unrepresented defendants, the deadlines for defendants to file answers to the complaint, and the parties' settlement efforts. Order to follow. Total time in court: 45 minutes. Attorney Appearances: Devon Hercher, Geoffrey Potter, Jay Shapiro, Joshua Kipnees, Jeffrey Ramsey Lam, Ulysses L. Felder, Lonnie D. Johnson, Cheyenne Nathaniel Riker, Staci H. Genet, Kenneth Ray Noble, III, Crane Allerton Johnstone, Robyn Lynn Sztyndor, David Adrian Howard. Other Appearances: Maxwell Weiss, Laurie Mayell, Tamara Alonso, Jean Alexandre, Michel Poitevien. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (dsy)
February 23, 2022 Filing 711 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. (Felder, Ulysses)
February 22, 2022 Filing 710 CERTIFICATE of Counsel re 705 Order,, by Jay Brian Shapiro on behalf of Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Shapiro, Jay)
February 22, 2022 Opinion or Order Filing 709 PAPERLESS ORDER granting #708 the Physician Preferred Pharmacy Defendants' Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint. The Physician Preferred Pharmacy Defendants shall file their answer on or before March 16, 2022. Signed by Judge Aileen M. Cannon on 2/22/2022. (dsy)
February 21, 2022 Filing 708 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to Set/Reset Deadlines, #1 Complaint, 707 Order on Motion for Extension of Time to File Response/Reply/Answer, 705 Order,, by Testing Matters, Inc., Twiggi Batista, Michael Bogdan and by Physician Preferred Pharmacy, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Enlargement of Time to Respond to Complaint)(Sztyndor, Robyn)
February 19, 2022 Opinion or Order Filing 707 PAPERLESS ORDER granting #706 the Allied Health Defendants' Unopposed Motion for Enlargement of Time to File Answer to Plaintiffs' Complaint. The Allied Health Defendants shall file their answer on or before March 16, 2022. Signed by Judge Aileen M. Cannon on 2/19/2022. (dsy)
February 18, 2022 Filing 706 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Attachments: #1 Text of Proposed Order Proposed Order)(Lam, Jeffrey)
February 18, 2022 Opinion or Order Filing 705 PAPERLESS ORDER: Plaintiffs shall take all reasonable steps to notify the unrepresented defendants of the upcoming February 23, 2022 Zoom hearing and shall file a corresponding certificate of service no later than February 22, 2022. Two corporate defendants, Doctors United, Inc. and Alliance Medical Center, Inc., among others, appear to be unrepresented following orders granting motions to withdraw #593 #635 . Corporations cannot appear pro se and must be represented by counsel. This matter will be addressed at the upcoming hearing. Signed by Judge Aileen M. Cannon on 2/18/2022. (dsy)
February 18, 2022 Reset Response/Answer Due Deadline per DE# 704 paperless order: Community Health Medical Center LLC response/answer due 3/16/2022; Roman Shekhet response/answer due 3/16/2022; United Clinical Laboratory LLC response/answer due 3/16/2022; United Pharmacy LLC response/answer due 3/16/2022; Kirill Vesselov response/answer due 3/16/2022; Mikhail Vesselov response/answer due 3/16/2022. (drz)
February 17, 2022 Opinion or Order Filing 704 PAPERLESS ORDER granting in part and denying in part #701 United Health Defendants' Unopposed Motion for Enlargement of Time to File Answer to Plaintiffs' Complaint. The United Health Defendants shall file their answer on or before March 16, 2022. Signed by Judge Aileen M. Cannon on 2/17/2022. (dsy)
February 16, 2022 Opinion or Order Filing 703 PAPERLESS ORDER Cancelling Discovery Hearing set for 2/17/2022 at 2:30 PM in light of #702 NOTICE OF CANCELLATION OF HEARING. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/16/2022. (aa00)
February 16, 2022 Filing 702 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #692 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/17/2022 02:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Shapiro, Jay) (Shapiro, Jay)
February 16, 2022 Filing 701 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
February 14, 2022 Filing 700 CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO THE FLORIMED DEFENDANTS; granting #697 Joint MOTION to Approve Consent Judgment and Permanent Injunction. Signed by Judge Aileen M. Cannon on 2/14/2022. See attached document for full details. (jas)
February 14, 2022 Filing 699 PAPERLESS NOTICE of Hearing: Status Conference set for 2/23/2022 09:30 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs)
February 11, 2022 Opinion or Order Filing 698 ORDER SETTING FORTH SECOND AMENDED SCHEDULING ORDER: (Jury Trial set for 4/24/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon, Calendar Call set for 4/18/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon, Discovery due by 12/13/2022, Expert Discovery due by 12/13/2022, Fact Discovery due by 8/25/2022, In Limine Motions due by 3/27/2023, Pretrial Motions due by 1/4/2023, Joint Pretrial Stipulation due by 3/27/2023.), ORDER REFERRING CASE to Magistrate Judge Otazo-Reyes for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery. Signed by Judge Aileen M. Cannon on 2/10/2022. See attached document for full details. (jas)
February 10, 2022 Filing 697 Joint MOTION to Approve Consent Judgment and Permanent Injunction Between Florimed Defendants and by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 2/24/2022 (Attachments: #1 Text of Proposed Order Consent Judgment and Permanent Injunction)(Shapiro, Jay)
February 10, 2022 Opinion or Order Filing 696 ORDER denying #646 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Aileen M. Cannon on 2/10/2022. See attached document for full details. (jas)
February 9, 2022 Filing 695 CLERK'S NOTICE TO FILER re #693 Notice of Change of Address, Email or Law Firm Name. Attorneys Did Not Associate Themselves; ERROR - Filing attorneys Jeffrey R. Lam and Michael A. Sayre neglected to associate themselves to the case. The Clerk has added the attorneys to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. In addition, Attorney Admissions has not updated address and/or email information for attorneys Glen H. Waldman, Jeffrey R. Lam and Michael A. Sayre. Attorneys have not followed the required procedures for updating their information with the Court. Attorneys are instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw)
February 9, 2022 Filing 694 CLERK'S NOTICE re #692 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 2/17/2022 at 2:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0217. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (aa00)
February 9, 2022 Filing 693 NOTICE of Change of Address, Email or Law Firm Name by Glen H. Waldman (Waldman, Glen)
February 9, 2022 Filing 692 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/17/2022 02:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Shapiro, Jay)
January 21, 2022 Filing 691 NOTICE of Attorney Appearance by Staci H. Genet on behalf of Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Attorney Staci H. Genet added to party Community Health Medical Center LLC(pty:dft), Attorney Staci H. Genet added to party Roman Shekhet(pty:dft), Attorney Staci H. Genet added to party United Clinical Laboratory LLC(pty:dft), Attorney Staci H. Genet added to party United Pharmacy LLC(pty:dft), Attorney Staci H. Genet added to party Kirill Vesselov(pty:dft), Attorney Staci H. Genet added to party Mikhail Vesselov(pty:dft). (Genet, Staci)
January 20, 2022 Filing 690 Notice of Ninety Days Expiring and Memorandum of Law by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov re #594 Order (Riker, Cheyenne)
January 18, 2022 Opinion or Order Filing 689 ORDER STAYING DEADLINES; granting in part and denying in part #688 Motion to Continue. Fact Discovery due by 8/25/2022. All other pre-trial and trial deadlines contained in the Courts Amended Scheduling Order [ECF No. 621] are STAYED pending the Courts resolution of the Motion to Dismiss for Lack of Jurisdiction [ECF No. 646]. Signed by Judge Aileen M. Cannon on 1/18/2022. See attached document for full details. (jas)
January 11, 2022 Filing 688 Joint MOTION to Continue Trial and Extend Pre-Trial Deadlines re #621 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 1/25/2022 (Shapiro, Jay)
January 9, 2022 Opinion or Order Filing 687 PAPERLESS ORDER granting #685 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Amanda S. First. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 1/9/2022. (dsy)
January 7, 2022 Filing 686 Defendant's RESPONSE to Request for Production of Documents by United Pharmacy LLC by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. (Felder, Ulysses)
January 6, 2022 Filing 685 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Amanda S. First. Filing Fee $ 200.00 Receipt # AFLSDC-15298021 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 1/20/2022 (Attachments: #1 Certification Amanda S. First, #2 Text of Proposed Order)(Shapiro, Jay)
January 5, 2022 Filing 684 FIRST Clerk's Notice of Undeliverable Mail re #678 Consent Judgment,, Terminate Motions,, Terminate Parties,. US Mail returned for: Nick Myrtil. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
December 22, 2021 Opinion or Order Filing 683 SUPPLEMENTAL ORDER re #665 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/22/2021. See attached document for full details. (aa00)
December 20, 2021 Filing 682 Clerks Notice to Filer re #680 Plaintiff's Brief (MOTION) for Disclosure of Materials Designated Highly Confidential, etc. Wrong Event Selected - Document is a NOT a Motion Per Chambers ; ERROR - The Filer selected the wrong event. A motion event must not be selected when filing a "brief/memorandum in support." The correction was made by the Clerk. It is not necessary to refile this document. (sk)
December 17, 2021 Filing 681 PRETRIAL MEMORANDUM re #673 Order by Testing Matters Inc.. (Sztyndor, Robyn)
December 17, 2021 Filing 680 Plaintiff's Brief Regarding Disclosure of Materials Designated Highly Confidential - Attorneys' Eyes Only to Pro Se Parties, Pursuant to Order dated December 8, 2021 ECF No. 673 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shapiro, Jay) Modified text/status per Chambers on 12/20/2021 (sk).
December 14, 2021 Filing 679 TRANSCRIPT of Motion Hearing held on 12/8/2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-30 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2022. Redacted Transcript Deadline set for 1/14/2022. Release of Transcript Restriction set for 3/14/2022. (apz)
December 13, 2021 Filing 678 CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO THE SALINA DEFENDANTS; granting #675 Joint MOTION to Approve Consent Judgment. Signed by Judge Aileen M. Cannon on 12/13/2021. See attached document for full details. (jas) Modified on 12/21/2021 (tgs)(fixed typo).
December 10, 2021 Filing 677 Report to #673 Order by Testing Matters Inc.. (Sztyndor, Robyn)
December 10, 2021 Filing 676 REPLY to Response to Motion re #646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law filed by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Waldman, Glen)
December 10, 2021 Filing 675 Joint MOTION to Approve Consent Judgment by Salina Defendants and by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 12/27/2021 (Attachments: #1 Text of Proposed Order Consent Judgment and Permanent Injunction)(Shapiro, Jay)
December 10, 2021 Filing 674 REPLY to Response to Motion re #646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law filed by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. (Riker, Cheyenne)
December 8, 2021 Opinion or Order Filing 673 ORDER re #665 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/8/2021. See attached document for full details. (aa00)
December 8, 2021 Filing 672 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #669 Order on Motion to Dismiss,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,, Order on Motion for More Definite Statement,,,,,,,,,,,,,,,,, Notice of Intent Regarding Counts XIII and XIV (Shapiro, Jay)
December 8, 2021 Filing 671 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 12/8/2021. Total time in court: 54 minutes. Attorney Appearance(s): Geoffrey Potter, Devon Hercher, Joshua Kipnees and Jay Brian Shapiro appeared on behalf of Plaintiffs. Cheyenne Nathaniel Riker appeared on behalf of Community Health Medical Center, LLC, United Clinical Laboratory, LLC, United Pharmacy, LLC, Roman Shekhet, Kirill Vesselov and Mikhail Vesselov. Crane Allerton Johnstone appeared on behalf of Physician Preferred Pharmacy, Inc. and Twiggi Batista. Robyn Lynn Sztyndor appeared on behalf of Testing Matters, Inc. and Michael Bogdan. Order to follow. (ATT Recording AOR_01_12-08-2021 - DAR Back-up 09:29:43 - 10:22:39) (sl)
December 3, 2021 Filing 670 RESPONSE in Opposition re #646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 12/10/2021. (Shapiro, Jay)
November 29, 2021 Opinion or Order Filing 669 OMNIBUS ORDER On Motions To Dismiss, Motions For More Definite Statement, And Motions To Sever. The pending motions to dismiss are GRANTED IN PART AND DENIED IN PART. All pending motions for more definite statement are DENIED WITH PREJUDICE. All pending motions to sever are DENIED WITHOUT PREJUDICE. The deadline for Defendants to Answer the Complaint is STAYED pending the Court's resolution of the Motion to Dismiss for Lack of Subject-Matter Jurisdiction [ECF No. 646]. Signed by Judge Aileen M. Cannon on 11/29/2021. See attached document for full details. (kpe)
November 24, 2021 Filing 668 CLERK'S NOTICE re #665 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 12/8/2021 at 9:30 AM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 1208. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (aa00)
November 24, 2021 Filing 667 Clerks Notice to Filer re #665 Notice of Hearing by Attorney. Incorrect Judge Selected; ERROR - The incorrect judge was entered. The correction was made by the Clerk. It is not necessary to refile this document. (kpe)
November 24, 2021 Filing 666 SECOND Clerk's Notice of Undeliverable Mail re 656 Order on Motion to Adopt/Join. US Mail returned for: AJC Medical Group, Inc. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
November 24, 2021 Filing 665 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/8/2021 09:30 AM in Fort Pierce Division before Magistrate Judge Alicia M. Otazo-Reyes. (Shapiro, Jay) Modified text on 11/24/2021 (kpe).
November 22, 2021 Filing 664 CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT CASSANDRA LOUISSAINT granting #660 Motion to Approve Consent Judgment. Signed by Judge Aileen M. Cannon on 11/22/2021. See attached document for full details. (pcs)
November 22, 2021 Filing 663 CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT VIERGELA JOSEPH granting #659 Motion to Approve Consent Judgment. Signed by Judge Aileen M. Cannon on 11/22/2021. See attached document for full details. (pcs)
November 22, 2021 Filing 662 FIRST Clerk's Notice of Undeliverable Mail re 651 Order on Motion for Extension of Time to File Response/Reply/Answer,. US Mail returned for: AJC Medical Group, Inc. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
November 19, 2021 Opinion or Order Filing 661 CONSENT FINAL JUDGMENT AND PERMANENT INJUNCTION AS TO THE PHA DEFENDANTS. Order granting #658 Joint Motion for Entry of Consent Judgment and Permanent Injunction. This action is DISMISSED WITH PREJUDICE as to all claims and causes of action against Defendants Positive Health Alliance, Inc., Gary Kogan, Cora Mann, Dimitry Shaposhnikov, Shonta Darden, Erik Joseph Pavao, Labs4Less LLC, Andre Kerr, Barbara Bryant, Kerline Joseph, and Jesula Gabo. Signed by Judge Aileen M. Cannon on 11/19/2021. See attached document for full details. (kpe)
November 19, 2021 Filing 660 Joint MOTION to Approve Consent Judgment by Cassandra Louissaint and by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 12/3/2021 (Attachments: #1 Text of Proposed Order Exhibit A- Consent Judgment and Permanent Injunction)(Shapiro, Jay)
November 19, 2021 Filing 659 Joint MOTION to Approve Consent Judgment by Viergela Joseph and by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 12/3/2021 (Attachments: #1 Text of Proposed Order Exhibit A- Consent Judgment and Permanent Injunction)(Shapiro, Jay)
November 18, 2021 Filing 658 Joint MOTION to Approve Consent Judgment by Positive Health Alliance, Inc., Gary Kogan, Cora Mann, Dimitry Shaposhnikov, Shonta Darden, Erik Joseph Pavao, Labs4Less LLC, Andre Kerr, Barbara Bryant, Kerline Joseph, and Jesula Gabo and by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 12/2/2021 (Attachments: #1 Text of Proposed Order Exhibit A - Consent Judgment and Permanent Injunction)(Shapiro, Jay)
November 18, 2021 Opinion or Order Filing 657 Consent Final Judgment And Permanent Injunction As To Defendant John Catano. Order granting #639 Joint Motion for Entry of Consent Judgment and Permanent Injunction. Signed by Judge Aileen M. Cannon on 11/17/2021. See attached document for full details. (kpe)
November 8, 2021 Opinion or Order Filing 656 PAPERLESS ORDER granting #442 Defendant Jennifer John Carbon's Motion to Adopt #423 , #424 , #425 , and #430 to the extent described therein #442 . Signed by Judge Aileen M. Cannon on 11/8/2021. (dsy)
November 4, 2021 Filing 655 NOTICE of Attorney Appearance by Craig Stephen Barnett on behalf of Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Attorney Craig Stephen Barnett added to party Gilead Sciences Ireland UC(pty:pla), Attorney Craig Stephen Barnett added to party Gilead Sciences, Inc.(pty:pla). (Barnett, Craig)
November 4, 2021 Filing 654 NOTICE of Attorney Appearance by Coral Del Mar Lopez on behalf of Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Attorney Coral Del Mar Lopez added to party Gilead Sciences Ireland UC(pty:pla), Attorney Coral Del Mar Lopez added to party Gilead Sciences, Inc.(pty:pla). (Lopez, Coral)
November 4, 2021 Filing 653 NOTICE of Attorney Appearance by Jay Brian Shapiro on behalf of Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Attorney Jay Brian Shapiro added to party Gilead Sciences Ireland UC(pty:pla), Attorney Jay Brian Shapiro added to party Gilead Sciences, Inc.(pty:pla). (Shapiro, Jay)
November 3, 2021 Filing 652 CLERK'S NOTICE - Attorney Admissions has updated the contact information for PHV attorney Franklin G. Monsour, Jr. re #650 Notice of Change of Address, Email or Law Firm Name. (pt)
November 3, 2021 Opinion or Order Filing 651 PAPERLESS ORDER granting #649 Plaintiffs' Motion for an Extension of Time to Oppose the United Defendants' Motion to Dismiss. On or before December 4, 2021, Plaintiffs shall file their response in opposition to the United Defendants' Motion to Dismiss #646 . Signed by Judge Aileen M. Cannon on 11/3/2021. (dsy)
November 3, 2021 Set Deadlines per DE 651 Order as to #646 MOTION to Dismiss. Responses due by 12/4/2021. (kpe)
November 2, 2021 Filing 650 NOTICE of Change of Address, Email or Law Firm Name by P Jan Kubicz (Kubicz, P Jan)
November 2, 2021 Filing 649 MOTION for Extension of Time to File Response/Reply/Answer as to #646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
October 25, 2021 Filing 648 NOTICE of Joinder by Testing Matters Inc. re #646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law (Sztyndor, Robyn) Modified text on 10/26/2021 (kpe).
October 25, 2021 Filing 647 Notice of Adoption by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans Related document: #646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law filed by Mikhail Vesselov, Community Health Medical Center LLC, United Pharmacy LLC, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC (Waldman, Glen)
October 21, 2021 Filing 646 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Supporting Memorandum of Law by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 11/4/2021 (Riker, Cheyenne)
October 20, 2021 Opinion or Order Filing 645 ORDER Scheduling Mediation before Harry Schafer. Mediation Hearing set for 6/17/2022 09:30 AM. Mediation Hearing set for 6/24/2022 09:30 AM. Signed by Judge Aileen M. Cannon on 10/19/2021. See attached document for full details. (kpe)
October 15, 2021 Filing 644 NOTICE of Mediation Hearing. Mediation Hearing set for 06/17/2022 and 06/24/2022 at 9:30 a.m.. (Kubicz, P Jan)
September 30, 2021 Opinion or Order Filing 643 PAPERLESS Order Cancelling Discovery Hearing set for 10/6/2021 at 3:30 PM in light of #642 NOTICE OF CANCELLATION OF HEARING. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/30/2021. (gzu)
September 30, 2021 Filing 642 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #637 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/6/2021 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan), 640 CLERK'S NOTICE re #637 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 10/6/2021 at 3:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 1006. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu) (Kubicz, P Jan)
September 23, 2021 Filing 641 Notification of Ninety Days Expiring and Memorandum of Law by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov re #556 Reply to Response to Motion, filed by Twiggi Batista, #432 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Tamara Alonso, #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Michael Bogdan, #531 Response in Opposition to Motion filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC, #579 Notice of Adoption,,, filed by Mikhail Vesselov, Community Health Medical Center LLC, United Pharmacy LLC, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC, #569 Notice of Adoption,,,,,, filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #568 MOTION to Adopt/Join #565 Reply to Response to Motion filed by Jennifer John Carbon, #561 Reply to Response to Motion, filed by Alejandro Castro, Alexander Evans, Myriam Augustine, A Better You Wellness Center, LLC, Allied Health Organization, Inc., #435 Notice of Adoption, filed by Michel Poitevien, #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Jesula Gabo, Gary Kogan, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #429 MOTION to Dismiss #1 Complaint, filed by 3rd Step Recovery Group, Inc., Maria Freeman, Chenara Anderson, Barbara Gibson, Michael Pierce, #570 Notice of Adoption filed by Doctors United, Inc., Khadijah Carbon, Augustine Carbon, #430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint filed by Doctors United, Inc., Khadijah Carbon, Augustine Carbon, #446 Notice of Adoption,,, filed by Doctors United, Inc., Khadijah Carbon, Augustine Carbon, #442 Defendant's MOTION to Adopt/Join #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #430 MOTION for More Definite Statement and filed by Jennifer John Carbon, #517 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by John Catano, #440 MOTION to Dismiss #1 Complaint, Pursuant to Rule 9(b) filed by Community Health Medical Center LLC, United Pharmacy LLC, Mikhail Vesselov, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC, #565 Reply to Response to Motion filed by Doctors United, Inc., Khadijah Carbon, Augustine Carbon, #557 Reply to Response to Motion filed by John Catano, #428 Notice of Adoption, filed by Alliance Medical Center, Inc., Jean Alexandre, #564 Reply to Response to Motion, filed by Community Health Medical Center LLC, United Pharmacy LLC, Mikhail Vesselov, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC, #505 Response in Opposition to Motion,,, filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc., #562 Response/Reply (Other) filed by Juan Jesus Salina, Juan Jesus Salina, M.D. Corp., #563 Reply to Response to Motion, filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Jesula Gabo, Gary Kogan, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #449 Notice of Adoption,, filed by Tamara Alonso, #423 MOTION to Dismiss #1 Complaint, filed by Willie Peacock, Well Care LLC, Shajuandrine Garcia, #445 Notice of Adoption,,,, filed by Alejandro Castro, Alexander Evans, Myriam Augustine, A Better You Wellness Center, LLC, Allied Health Organization, Inc., #441 MOTION to Dismiss #1 Complaint, filed by Juan Jesus Salina, Juan Jesus Salina, M.D. Corp., #427 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (OMNIBUS), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT filed by Alejandro Castro, Alexander Evans, Myriam Augustine, A Better You Wellness Center, LLC, Allied Health Organization, Inc., #443 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Florimed Medical Center Corp., Tomas Wharton, #566 Reply to Response to Motion filed by Florimed Medical Center Corp., Tomas Wharton, #448 Notice of Adoption,,, filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Jesula Gabo, Gary Kogan, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC (Riker, Cheyenne)
September 15, 2021 Filing 640 CLERK'S NOTICE re #637 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 10/6/2021 at 3:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 1006. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
September 10, 2021 Filing 639 Joint MOTION to Approve Consent Judgment by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 9/24/2021 (Attachments: #1 Exhibit Exhibit A (Consent Judgment and Permanent Injunction))(Kubicz, P Jan).
September 8, 2021 Opinion or Order Filing 638 PAPERLESS ORDER striking #636 Defendants Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less, LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., and Dimitry Shaposhnikov's Unopposed Motion for extension of time to respond to discovery requests. The Court's Fourth Amended Scheduling Order #621 specifies that "[t]he parties may stipulate to extend the time to answer interrogatories, produce documents, and answer requests for admissions. The parties shall not file with the Court notices or motions memorializing any such stipulation unless the stipulation interferes with the deadlines set forth above." Signed by Judge Aileen M. Cannon on September 8, 2021. (ahz)
August 31, 2021 Filing 637 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/6/2021 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan)
August 30, 2021 Filing 636 STRICKEN Unopposed MOTION for Extension of Time of Discovery Cutoff Deadline by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. (Attachments: #1 Exhibit Ex. A - Order)(Rothstein, David) Modified on 9/9/2021 per DE 638 Order (kpe).
August 7, 2021 Opinion or Order Filing 635 ORDER granting #634 Unopposed MOTION to Withdraw as Attorney. Paul Domenic Petruzzi withdrawn from case. Deadline for Defendants Alliance Medical Center, Inc. and Jean Alexandre to obtain new counsel 8/27/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/7/2021. See attached document for full details. (gzu)
August 6, 2021 Filing 634 Unopposed MOTION to Withdraw as Attorney by Paul D. Petruzzi for / by Jean Alexandre, Alliance Medical Center, Inc.. Responses due by 8/20/2021 (Petruzzi, Paul)
August 4, 2021 Filing 633 NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #616 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/4/2021 02:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Rothstein, David), #624 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/4/2021 02:30 PM before Magistrate Judge Alicia M. Otazo-Reyes. (Rothstein, David) (Rothstein, David)
August 4, 2021 Discovery Hearing terminated. (yha)
August 4, 2021 Discovery Hearing(s) terminated. (yha)
August 3, 2021 Opinion or Order Filing 632 ORDER granting #626 Unopposed MOTION to Withdraw as Attorney. Gennaro Cariglio, Jr. withdrawn from case. Deadline for Defendant Michel Poitevien to obtain new counsel 8/23/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/3/2021. See attached document for full details. (gzu)
July 30, 2021 Filing 631 TRANSCRIPT of telephonic discovery hearing held on 7-12-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-18 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (Savino, Dawn)
July 30, 2021 Filing 630 TRANSCRIPT of telephonic discovery hearing held on 6-30-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-14 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (Savino, Dawn)
July 30, 2021 Filing 629 TRANSCRIPT of telephonic discovery hearing held on 6-24-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-20 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (Savino, Dawn)
July 30, 2021 Filing 628 TRANSCRIPT of telephonic discovery hearing held on 5-11-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-17 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (Savino, Dawn)
July 30, 2021 Filing 627 TRANSCRIPT of telephonic discovery hearing held on 5-11-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-30 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2021. Redacted Transcript Deadline set for 8/30/2021. Release of Transcript Restriction set for 10/28/2021. (Savino, Dawn)
July 28, 2021 Filing 626 Unopposed MOTION to Withdraw as Attorney by Gennaro Cariglio Jr. for / by Michel Poitevien. Responses due by 8/11/2021 (Attachments: #1 Text of Proposed Order)(Cariglio, Gennaro)
July 28, 2021 Filing 624 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/4/2021 02:30 PM before Magistrate Judge Alicia M. Otazo-Reyes. (Rothstein, David)
July 28, 2021 Opinion or Order Filing 623 PAPERLESS ORDER denying #622 Renewed MOTION to Strike #590 Notice of Supplemental Authority. Signed by Judge Aileen M. Cannon on 7/28/2021. (AMC)
July 28, 2021 SYSTEM ENTRY - Docket Entry 625 [order] restricted/sealed until further notice. (nc)
July 27, 2021 Filing 622 Renewed MOTION to Strike #590 Notice of Supplemental Authority by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 8/10/2021 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
July 26, 2021 Opinion or Order Filing 621 ORDER GRANTING MOTION IN PART AND SETTING FORTH AMENDED SCHEDULING ORDER1: (Jury Trial set for 1/23/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 1/10/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Discovery due by 6/17/2022., Expert Discovery due by 6/17/2022., Fact Discovery due by 2/25/2022., Mediation Deadline 7/15/2022., In Limine Motions due by 12/19/2022., Pretrial Motions due by 7/22/2022., Joint Pretrial Stipulation due by 12/19/2022.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery; granting in part #614 Joint MOTION to Continue Trial and Extend Pre-Trial Deadlines. Signed by Judge Aileen M. Cannon on 7/26/2021. See attached document for full details. (jas)
July 22, 2021 Filing 620 TRANSCRIPT of discovery hearing held on 6-29-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-36 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021. (Savino, Dawn)
July 20, 2021 Opinion or Order Filing 619 AGREED ORDER re Bank Subpoenas. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/20/2021. See attached document for full details. (gzu)
July 20, 2021 Filing 618 CLERK'S NOTICE re #616 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 8/4/2021 at 2:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0804. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
July 20, 2021 Opinion or Order Filing 617 ORDER granting #603 MOTION to Withdraw as Attorney; #604 MOTION to Withdraw as Attorney; #605 MOTION to Withdraw as Attorney; #606 MOTION to Withdraw as Attorney; #607 MOTION to Withdraw as Attorney; #608 MOTION to Withdraw as Attorney. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/20/2021. See attached document for full details. (gzu)
July 20, 2021 Filing 616 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/4/2021 02:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Rothstein, David)
July 15, 2021 Filing 615 SECOND Clerk's Notice of Undeliverable Mail re 586 Discovery Hearing,,,,. US Mail returned for: Jean Charlot.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
July 14, 2021 Filing 614 Joint MOTION to Continue Trial and Extend Pre-Trial Deadlines re #311 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,, by 1000 W. 1st Street, LLC, 1005 West 1st Street, LLC, 1007 West First Street, LLC, 1008 West First Street, LLC, 190 E. Ellis Road, LLC, 215 W 4th Street QOF, LLC, 3rd Step Recovery Group, Inc., 412 West 4th Street, LLC, 416 West 4th Street, LLC, 501 South Rogers Street, LLC, 519 West 4th St. LLC, 5660 West State Road 46, LLC, 611 East First Street, LLC, 901 West First Street, LLC, 903 West First Street, LLC, A Better You Wellness Center, LLC, AJC Medical Group, Inc, Jean Alexandre, Alive and Well Community Partners LLC, Alliance Medical Center, Inc., Allied Health Organization, Inc., Tamara Alonso, Chenara Anderson, Myriam Augustine, B-Town Recovery Residence, LLC, Baikal Marketing Group, Inc., Twiggi Batista, Arsen Bazylenko, Rachelle Beaubrun, Benzer FL 3 LLC d/b/a Elite Pharmacy, Bloomington Gourmet Catering, LLC, Bloomington MD Wellness, LLC, Michael Bogdan, Clevell Brown-Jennings, Barbara Bryant, Augustine Carbon, Jennifer John Carbon, Khadijah Carbon, Alejandro Castro, John Catano, Jean Charlot, David Chiveron, Community Health Medical Center LLC, Shonta Darden, Doctors United, Inc., Alexander Evans, Florimed Medical Center Corp., Calvanetta S. Franklin, Maria Freeman, Jesula Gabo, Shajuandrine Garcia, Barbara Gibson, Goyhberg Investments, LLC, Haven Behavioral Healthcare, LLC, Haven Detox MA, LLC, Haven Health Management, LLC, ICFR Residence, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, Innova Enterprises, LLC, Island Food to Go Catering and Take Out, Jason Joseph, Kerline Joseph, Viergela Joseph, Juan Jesus Salina, M.D. Corp., K & F Investment Group Inc., KMG Holdings, LLC, KMG New Jersey, LLC, Andre Kerr, Christine King, Gary Kogan, Lab Guys II, LLC, Lab Guys, LLC, Labs4less LLC, Emma Lawrence, Cassandra Louissaint, Cora Mann, Medstar Laboratory of Florida, Inc, Nick Myrtil, Ifeoma Nwofor, Erik Joseph Pavao, Willie Peacock, Physician Preferred Pharmacy, Inc., Michael Pierce, Michel Poitevien, Positive Health Alliance, Inc., Prevent Rx 2, LLC, Prevent Rx 3, LLC, Prevent Rx 4, LLC, Prevent Rx, LLC, Priority Health Medical Center, Inc., Recovery Team Behavioral Health, LLC, Recovery Team New England, LLC, Reno Laboratories LLC, Ann Robin, Ann Robinson, Jean Rodney, Tatiana Rozenblyum, Juan Jesus Salina, Harry Schafer, Dimitry Shaposhnikov, Roman Shekhet, Steve C. Taylor, Testing Matters Inc., The Haven Detox LLC, The Haven Detox of New Jersey, LLC, The Recovery Team, Inc, UDT Software, LLC, United Billing Solutions, LLC, United Central Service Company, Inc, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov, Well Care LLC, Tomas Wharton. Responses due by 7/28/2021 (Waldman, Glen)
July 14, 2021 Filing 613 FIRST Clerk's Notice of Undeliverable Mail re #587 Order,, Set/Reset Hearings,. US Mail returned for: Jean Charlot. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
July 13, 2021 Opinion or Order Filing 612 PAPERLESS ORDER STRIKING #600 Defendants' Motion to Strike Plaintiffs' Notice of Supplemental Authority. Defendants' Motion does not contain a certificate of conference, as required by S.D. Fla. L.R. 7.1(a)(3). Signed by Judge Aileen M. Cannon on July 13, 2021. (ahz)
July 12, 2021 Opinion or Order Filing 611 ORDER re #591 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/12/2021. See attached document for full details. (gzu)
July 12, 2021 Filing 610 RESPONSE in Opposition re #600 MOTION to Strike #590 Notice of Supplemental Authority filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 7/19/2021. (Kubicz, P Jan)
July 12, 2021 Filing 609 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 7/12/2021. Total time in court: 28 minutes. Attorney Appearance(s): Geoffrey Potter, Jacob I. Chefitz and P. Jan Kubicz appeared on behalf of Plaintiffs. Vincent Brown appeared on behalf of Non-Parties Emma Lawrence, Ann Robin, Rachelle Beaubrun, Christine King, Clevell Jennings, David Chiverton and Jason Joseph. Lorenz Michel Pruss appeared on behalf of Defendants Labs4less, LLC, et al. Lonnie D. Johnson appeared on behalf of Defendants Community Health Medical Center, LLC, et al. Order to follow. (Digital 10:32:38 - 10:59:40) (sl)
July 10, 2021 Filing 608 MOTION to Withdraw as Attorney by Vincent T Brown for / by Emma Lawrence. Responses due by 7/26/2021 (Brown, Vincent)
July 10, 2021 Filing 607 MOTION to Withdraw as Attorney by Vincent T Brown for / by David Chiveron. Responses due by 7/26/2021 (Brown, Vincent)
July 10, 2021 Filing 606 MOTION to Withdraw as Attorney by Vincent T Brown for / by Rachelle Beaubrun. Responses due by 7/26/2021 (Brown, Vincent)
July 10, 2021 Filing 605 MOTION to Withdraw as Attorney by Vincent T Brown for / by Clevell Brown-Jennings. Responses due by 7/26/2021 (Brown, Vincent)
July 10, 2021 Filing 604 MOTION to Withdraw as Attorney by Vincent T Brown for / by Jason Joseph. Responses due by 7/26/2021 (Brown, Vincent)
July 10, 2021 Filing 603 MOTION to Withdraw as Attorney by Vincent T Brown for / by Ann Robin. Responses due by 7/26/2021 (Brown, Vincent)
July 8, 2021 Opinion or Order Filing 602 PAPERLESS ORDER granting #599 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Susan Shan. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on July 8, 2021. (ahz)
July 8, 2021 Filing 601 NOTICE by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov Notice of Offer to Judicial Law Clerk and Acceptance (Rothstein, David)
July 7, 2021 Filing 600 STRICKEN MOTION to Strike #590 Notice of Supplemental Authority by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 7/21/2021 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne) Modified on 7/13/2021 per DE 612 Order (kpe).
July 7, 2021 Filing 599 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Susan Shan. Filing Fee $ 200.00 Receipt # AFLSDC-14826712 by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 7/21/2021 (Attachments: #1 Certification Certification of Susan Shan)(Riker, Cheyenne)
July 6, 2021 Filing 598 TRANSCRIPT of telephonic discovery hearing held on 6-22-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-38 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@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 7/27/2021. Redacted Transcript Deadline set for 8/6/2021. Release of Transcript Restriction set for 10/4/2021. (Savino, Dawn)
June 30, 2021 Opinion or Order Filing 597 ORDER re #581 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/30/2021. See attached document for full details. (gzu)
June 30, 2021 Filing 596 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 6/30/2021. Total time in court: 22 minutes. Attorney Appearance(s): Jared Buszin, Jacob I. Chefitz, Joshua Kipnees and P. Jan Kubicz appeared on behalf of Plaintiffs. Richard Davis appeared on behalf of Non-Parties Caremark Specialty Pharmacy, LLC and Procare Pharmacy, LLC. Lorenz Michel Pruss appeared on behalf of Defendants Labsforless, LLC, et al. Lonnie D. Johnson appeared on behalf of Defendants Community Health Medical Center, LLC, et al. Order to follow. (Digital 15:28:36 - 15:49:24) (sl)
June 29, 2021 Filing 595 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 6/29/2021. Total time in court: 56 minutes. Attorney Appearance(s): Geoffrey Potter, Jared Buszin, Joshua Kipnees and P. Jan Kubicz appeared on behalf of the Plaintiff. Cheyenne Nathaniel Riker and Lonnie D. Johnson appeared on behalf of Defendants Community Health Medical Center, LLC, et al. Lorenz Michel Pruss appeared on behalf of Defendants Labs4less, LLC, et al. Kyle Brandon Teal appeared on behalf of Defendants Florimed Medical Center Corp., et al. Order entered D.E. #594 . (Digital 14:29:18 - 15:25:00) (sl)
June 29, 2021 Opinion or Order Filing 594 ORDER re #582 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/29/2021. See attached document for full details. (gzu)
June 29, 2021 Opinion or Order Filing 593 ORDER granting #585 MOTION to Withdraw as Attorney. Henry Philip Bell and Javier Angel Reyes withdrawn from case. Deadline for Defendants Doctors United, Inc., Augustine Carbon, and Khadijah Carbon to obtain new counsel 7/19/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/29/2021. See attached document for full details. (gzu)
June 29, 2021 Filing 592 CLERK'S NOTICE re #591 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 7/12/2021 at 10:30 AM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0712. Please dial in at least ten minutes before the hearing begins and wait until your case is called.(gzu)
June 29, 2021 Filing 591 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/12/2021 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan)
June 25, 2021 Filing 590 Notice of Supplemental Authority re #505 Response in Opposition to Motion,,, by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit A (Opinion)) (Kubicz, P Jan)
June 24, 2021 Filing 589 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 6/24/2021. Continued Telephonic Discovery Hearing set for 6/30/2021 at 03:30 PM before Magistrate Judge Alicia M. Otazo-Reyes. The dial-in instructions for the telephonic discovery hearing are as follows: The parties shall call conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0630. Total time in court: 38 minutes. Attorney Appearance(s): Jacob I. Chefitz, Joshua Kipnees and P. Jan Kubicz appeared on behalf of the Plaintiffs. Richard Davis appeared on behalf of Non-parties Caremark Florida Specialty Pharmacy, LLC and Procare Pharmacy, LLC. Cheyenne Nathaniel Riker appeared on behalf of Defendants Community Health Medical Center, LLC, et al. Lorenz Michel Pruss appeared on behalf of Defendants Labs4less, LLC, et al. (Digital 13:29:17 - 14:06:50) (sl)
June 24, 2021 Filing 588 NOTICE by Allied Health Organization, Inc. OF CHARGING LIEN. Attorney Javier Asis Lopez added to party Allied Health Organization, Inc.(pty:dft). (Lopez, Javier)
June 23, 2021 Opinion or Order Filing 587 ORDER re #582 NOTICE of Hearing; setting Continued Discovery Hearing for 6/29/2021 at 2:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 6/23/2021. See attached document for full details. (gzu)
June 22, 2021 Filing 586 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 6/22/2021. Total time in court: 1 hour(s). Attorney Appearance(s): Geoffrey Potter, Jared Buszin, Joshua Kipnees and P. Jan Kubicz appeared on behalf of Plaintiffs. Robyn Lynn Sztyndor appeared on behalf of Physician Preferred Pharmacy, Inc., et al. Lorenz Michel Pruss and David Alan Rothstein appeared on behalf of Labs4less, LLC, et al. Henry Philip Bell appeared on behalf of Defendants Doctors United, Inc., et al. Roberto Villasante appeared on behalf of Defendant John Catano. Lonnie D. Johnson and Cheyenne Riker appeared on behalf of Defendants Community Health Medical Center, LLC, et al. Kyle Brandon Teal appeared on behalf of Defendants Florimed Medical Center Corp., et al. Daniel Loren Leyton appeared on behalf of Defendants Juan Jesus Salina, M.D., Corp., et al. Jeffrey Lam appeared on behalf of Defendants Allied Health Organization, Inc., et al. Order to follow. (Digital 13:30:23 - 14:29:49) (sl)
June 22, 2021 Filing 585 MOTION to Withdraw as Attorney for Augustine Carbon, Khadijah Carbon and Doctors United, Inc. by Henry P. Bell and Javier A. Reyes for / by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. Responses due by 7/6/2021 (Attachments: #1 Text of Proposed Order)(Bell, Henry)
June 4, 2021 Filing 584 CLERK'S NOTICE re #581 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 6/24/2021 at 1:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0624. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
June 4, 2021 Filing 583 CLERK'S NOTICE re #582 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 6/22/2021 at 1:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0622. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
June 2, 2021 Filing 582 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/22/2021 01:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Rothstein, David)
June 1, 2021 Filing 581 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/24/2021 01:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan)
May 24, 2021 Opinion or Order Filing 580 PAPERLESS ORDER denying without prejudice #528 Plaintiffs' Unopposed Motion to File Four Patient Enrollment Forms under Seal. On April 12, 2021, Plaintiffs moved to file under seal four patient enrollment forms for Gilead's charitable Advancing Access program [ECF No. 528]. On April 13, 2021, Plaintiffs filed redacted versions of those documents, see #532 , [532-1], [532-2], [532-3], and [532-4]. The Court has reviewed the redacted submissions and does not see a basis to seal those documents at this juncture. Accordingly, Plaintiffs' Unopposed Motion to File Under Seal is DENIED WITHOUT PREJUDICE. Signed by Judge Aileen M. Cannon on May 24, 2021. (ahz)
May 13, 2021 Filing 579 Notice of Adoption by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov Related document: #565 Reply to Response to Motion filed by Khadijah Carbon, Augustine Carbon, Doctors United, Inc., #561 Reply to Response to Motion, filed by Myriam Augustine, A Better You Wellness Center, LLC, Alejandro Castro, Allied Health Organization, Inc., Alexander Evans, #562 Response/Reply (Other) filed by Juan Jesus Salina, Juan Jesus Salina, M.D. Corp., #563 Reply to Response to Motion, filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #566 Reply to Response to Motion filed by Florimed Medical Center Corp., Tomas Wharton (Riker, Cheyenne)
May 11, 2021 Opinion or Order Filing 578 ORDER re #550 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/11/2021. See attached document for full details. (gzu)
May 11, 2021 Opinion or Order Filing 577 ORDER re #549 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/11/2021. See attached document for full details. (gzu)
May 11, 2021 Opinion or Order Filing 576 ORDER granting #545 MOTION to Withdraw. Orlando do Campo withdrawn from case. Deadline to obtain new counsel 6/10/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/11/2021. See attached document for full details. (gzu)
May 11, 2021 Filing 575 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 5/11/2021. Total time in court: 28 minutes. Attorney Appearance(s): Geoffrey Potter, Jared Buszin, Devon Hercher, Joshua Kipnees and P. Jan Kubicz appeared on behalf of the Plaintiffs. Jeffrey Lam appeared on behalf of Defendants Allied Health Organizations, Inc., et al., Ulysses L. Felder appeared on behalf of Defendants 3rd Step Recovery Group, Inc, et al., Lorenz Michel Pruss appeared on behalf of Defendants Labs4less, LLC, et al., Lonnie D. Johnson appeared on behalf of Defendants Community Health Medical Center, LLC, et al., Kyle Brandon Teal appeared on behalf of Defendants Florimed Medical Center Corp, et al., Bruce Howard Vanderlaan appeared on behalf of Defendants Viergela Joseph and Cassandra Louissaint, Nick Myrtil appeared pro se. Order to follow. (Digital 11:30:29 - 11:57:22) (sl)
May 11, 2021 Filing 574 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 5/11/2021. Total time in court: 51 minutes. Attorney Appearance(s): Geoffrey Potter, Jared Buszin, Devon Hercher, Joshua Kipnees and P. Jan Kubicz appeared on behalf of the Plaintiffs. Ulysses L. Felder appeared on behalf of Defendants 3rd Step Recovery Group, Inc. et al. Crane Allerton Johnstone appeared on behalf of Defendant Twiggi Batista, Robyn Lynn Sztyndor appeared on behalf of Defendants Physician Preferred Pharmacy, Inc., et al., Jeffrey Lam appeared on behalf of Defendants Allied Health Organizations, Inc., et al., Lorenz Michel Pruss and David Andrew Joseph appeared on behalf of Defendants Labs4less, LLC, et al., Henry Philip Bell appeared on behalf of Defendants Doctors United, Inc., et al., Roberto Villasante appeared on behalf of Defendant John Catano, Lonnie D. Johnson and Cheyenne Riker appeared on behalf of Defendants Community Health Medical Center, LLC, et al., Kyle Brandon Teal appeared on behalf of Defendants Florimed Medical Center Corp., et al., Bruce Howard Vanderlaan appeared on behalf of Defendants Viergela Joseph and Cassandra Louissaint. Order to follow. (Digital 10:29:46 - 11:20:54) (sl)
May 11, 2021 Filing 573 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 5/11/2021 re #545 MOTION to Withdraw filed by Orlando do Campo. Total time in court: 16 minutes. Attorney Appearance(s): P. Jan Kubicz, Jared Buszin and Geoffrey Potter appeared on behalf of the Plaintiffs. Orlando do Campo appeared on behalf of Tamara Alonso. Ulysses L. Felder appeared on behalf of 3rd Step Recovery Group, Inc. et al., David Andrew Joseph appeared on behalf of Labs4less, LLC, et al. Lonnie D. Johnson and Cheyenne Riker appeared on behalf of Community Health Medical Center, LLC, et al. Bruce Vanderlaan appeared on behalf of Defendants Viergela Joseph and Cassandra Louissaint. Defendant Nick Myrtil appeared pro se. Order to follow. (Digital 09:32:30 - 09:45:50) (sl)
May 10, 2021 Filing 572 TRANSCRIPT of discovery hearing held on 4-26-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-9 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2021. Redacted Transcript Deadline set for 6/10/2021. Release of Transcript Restriction set for 8/9/2021. (Savino, Dawn)
May 6, 2021 Opinion or Order Filing 571 PAPERLESS ORDER granting #568 Defendant Jennifer John Carbon's Motion to Adopt #565 Defendants' Reply in Support of Motion to Dismiss. Signed by Judge Aileen M. Cannon on May 6, 2021. (ahz)
May 5, 2021 Filing 570 Notice of Adoption by Augustine Carbon, Khadijah Carbon, Doctors United, Inc. (Bell, Henry)
May 5, 2021 Filing 569 Notice of Adoption by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov Related document: #556 Reply to Response to Motion, filed by Twiggi Batista, #565 Reply to Response to Motion filed by Khadijah Carbon, Augustine Carbon, Doctors United, Inc., #557 Reply to Response to Motion filed by John Catano, #561 Reply to Response to Motion, filed by Myriam Augustine, A Better You Wellness Center, LLC, Alejandro Castro, Allied Health Organization, Inc., Alexander Evans, #564 Reply to Response to Motion, filed by Mikhail Vesselov, Community Health Medical Center LLC, United Pharmacy LLC, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC, #562 Response/Reply (Other) filed by Juan Jesus Salina, Juan Jesus Salina, M.D. Corp., #563 Reply to Response to Motion, filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Jesula Gabo, Gary Kogan, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #566 Reply to Response to Motion filed by Florimed Medical Center Corp., Tomas Wharton (Rothstein, David)
May 4, 2021 Filing 568 MOTION to Adopt/Join #565 Reply to Response to Motion by Jennifer John Carbon. (Howard, David)
May 4, 2021 Filing 567 CLERK'S NOTICE re #549 NOTICE of Hearing; #550 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearings set for 5/11/2021 at 10:30 AM and 11:30 AM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0511. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
May 3, 2021 Filing 566 REPLY to Response to Motion re #443 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Florimed Medical Center Corp., Tomas Wharton. (Attachments: #1 Exhibit A)(Teal, Kyle)
May 3, 2021 Filing 565 REPLY to Response to Motion re #430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint filed by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. (Bell, Henry)
May 3, 2021 Filing 564 REPLY to Response to Motion re #440 MOTION to Dismiss #1 Complaint, Pursuant to Rule 9(b) filed by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. (Riker, Cheyenne)
May 3, 2021 Filing 563 REPLY to Response to Motion re #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. Attorney David Alan Rothstein added to party Labs4less LLC(pty:dft). (Rothstein, David)
May 3, 2021 Filing 562 REPLY Brief in Support of Motion to Dismiss by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina. (Leyton, Daniel)
May 3, 2021 Filing 561 REPLY to Response to Motion re #427 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (OMNIBUS), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT filed by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Waldman, Glen)
May 3, 2021 Filing 560 NOTICE of Attorney Appearance by Sandra Ramirez on behalf of Florimed Medical Center Corp., Tomas Wharton. Attorney Sandra Ramirez added to party Florimed Medical Center Corp.(pty:dft), Attorney Sandra Ramirez added to party Tomas Wharton(pty:dft). (Ramirez, Sandra)
May 3, 2021 Opinion or Order Filing 559 PAPERLESS ORDER Setting Hearing on #545 MOTION to Withdraw as Attorney for 5/11/2021 at 9:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The hearing will be conducted by Zoom Conference. Conference instructions will be provided to counsel via e-mail. Counsel shall disseminate the Zoom Conference instructions to their clients and/or witnesses they intend to call to testify at the hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/3/2021. (gzu)
April 30, 2021 Opinion or Order Filing 558 AGREED ORDER re #523 MOTION to Quash; #524 MOTION to Quash. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/30/2021. See attached document for full details. (gzu)
April 27, 2021 Filing 557 REPLY to Response to Motion re #517 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by John Catano. (Villasante, Roberto)
April 27, 2021 Filing 556 REPLY to Response to Motion re #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Bogdan, Batista, Testing Matters and Physicians Preferred Pharmacy filed by Twiggi Batista. (Attachments: #1 Exhibit supporting coverage guidelines)(Sztyndor, Robyn)
April 26, 2021 Opinion or Order Filing 555 PAPERLESS ORDER granting #548 Defendants Juan Jesus Salina, M.D. Corp., and Juan Jesus Salina's Unopposed Motion for Extension of Time to File Reply Brief in Response to Plaintiffs' Consolidated Opposition Response Brief. Defendants Juan Jesus Salina, M.D. Corp., and Juan Jesus Salina shall file a Reply in Support of their Motion to Dismiss no later than May 3, 2021. Signed by Judge Aileen M. Cannon on April 26, 2021. (ahz)
April 26, 2021 Opinion or Order Filing 554 PAPERLESS ORDER granting #547 Defendants' Unopposed Motion to Exceed Page Limitation. The page limitation for Positive Health Defendants' Reply in Support of their Motion to Dismiss is hereby enlarged from ten (10) pages to twenty (20) pages; the page limitation for Florimed Defendants' Reply in Support of their Motion to Dismiss is hereby enlarged from ten (10) pages to fifteen (15) pages; the page limitation for Salina Defendants' Reply in Support of their Motion to Dismiss is hereby enlarged from ten (10) pages to fifteen (15) pages; and the page limitation for Community Health Defendants' Reply in Support of their Motion to Dismiss is hereby enlarged from ten (10) pages to fifteen (15) pages. The parties are reminded that all filings must be prepared using 12-point Times New Roman font that is double-spaced and fully justified. Signed by Judge Aileen M. Cannon on April 26, 2021. (ahz)
April 26, 2021 Filing 553 PAPERLESS Minute Order for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 4/26/2021 re #524 MOTION to Quash Non-Parties' Motion to Quash Subpoena filed by Calvanetta S. Franklin, Steve C. Taylor, #523 MOTION to Quash Non-Parties' Motion to Quash Subpoena filed by Island Food to Go Catering and Take Out, Alive and Well Community Partners LLC. Total time in court: 14 minutes. Attorney Appearance(s): Geoffrey Potter and P. Jan Kubicz appeared on behalf of the Plaintiffs. Ghislaine Torres Bruner appeared on behalf of Non-Parties Alive and Well Community Partners LLC, Island Food to Go Catering and Take Out, Calvanetta S. Franklin and Steve C. Taylor. Paul Domenic Petruzzi appeared on behalf of Defendants Alliance Medical Center, Inc. and Jean Alexandre. Paul Petruzzi appeared on behalf of Defendant Michel Poitevien for Gennario Cariglio, Jr. Simon Michael Lassel appeared on behalf of Defendants Positive Health Alliance, et al. Roberto Villasante appeared on behalf of Defendant John Catano. Kyle Brandon Teal appeared on behalf of Defendants Florimed Medical Center Corp. and Tomas Wharton. Bruce Howard Vanderlaan appeared on behalf of Defendants Viergela Joseph and Cassandra Louissaint. Cheyenne Nathaniel Riker appeared on behalf of Defendants Community Health Medical Center, et al. The parties reached a resolution of their dispute and shall submit an agreed order reflecting the agreement. (Digital 10:29:36 - 10:42:58) (sl)
April 26, 2021 Filing 552 TRANSCRIPT of discovery hearing held on 4-15-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-10 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (Savino, Dawn)
April 26, 2021 Filing 551 TRANSCRIPT of telephonic discovery hearing held on 4-13-2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-23 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (Savino, Dawn)
April 26, 2021 Set Deadlines per DE 555 Order as to #441 MOTION to Dismiss.. Reply due by 5/3/2021. (kpe)
April 25, 2021 Filing 550 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/11/2021 11:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan)
April 25, 2021 Filing 549 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/11/2021 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan)
April 23, 2021 Filing 548 Unopposed MOTION for Extension of Time to File Response/Reply/Answer Reply Brief by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina. (Leyton, Daniel)
April 23, 2021 Filing 547 Unopposed MOTION for Leave to File Excess Pages by Barbara Bryant, Community Health Medical Center LLC, Shonta Darden, Florimed Medical Center Corp., Jesula Gabo, Kerline Joseph, Juan Jesus Salina, M.D. Corp., Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Juan Jesus Salina, Dimitry Shaposhnikov, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov, Tomas Wharton. (Attachments: #1 Text of Proposed Order Order Granting Motion)(Pruss, Lorenz)
April 23, 2021 Opinion or Order Filing 546 PAPERLESS ORDER granting #544 Defendants Testing Matters, Inc., Physician Preferred Pharmacy, Inc., Michael Bogdan and Twiggi Batista's Unopposed Motion for Enlargement of Time to file Reply in Support of Motion to Dismiss. The Defendants specified in this Order shall file a Reply in Support of the Motion to Dismiss no later than April 27, 2021. Signed by Judge Aileen M. Cannon on April 23, 2021. (ahz)
April 22, 2021 Filing 545 MOTION to Withdraw as Attorney by Orlando do Campo for / by Tamara Alonso. Responses due by 5/6/2021 (do Campo, Orlando)
April 22, 2021 Filing 544 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #505 Response in Opposition to Motion,,, By Batista, Bogdan, Physician Preferred Pharmacy Inc. by Testing Matters Inc.. (Sztyndor, Robyn)
April 20, 2021 Opinion or Order Filing 543 PAPERLESS ORDER granting #539 Defendants' Unopposed Motion for Enlargement of Time to File Reply Brief in Response to Plaintiffs' Consolidated Opposition Response Brief. The Defendants specified in #539 shall file a Reply in Support of their Motions to Dismiss no later than May 3, 2021. Signed by Judge Aileen M. Cannon on April 20, 2021. (ahz)
April 20, 2021 Opinion or Order Filing 542 PAPERLESS ORDER granting #538 Defendant John Catano's Unopposed Motion for Extension of Time to Reply. Defendant John Catano shall file a Reply in Support of #517 his Motion to Dismiss no later than April 27, 2021. Signed by Judge Aileen M. Cannon on April 20, 2021. (ahz)
April 20, 2021 Opinion or Order Filing 541 ORDER Denying Without Prejudice Defendants' #422 Motion To Sever. Signed by Judge Aileen M. Cannon on 4/19/2021. See attached document for full details. (kpe)
April 20, 2021 Set Deadlines per DE 542 Order as to #517 MOTION TO DISMISS. Reply due by 4/27/2021. (kpe)
April 19, 2021 Opinion or Order Filing 540 ORDER granting #537 MOTION for Entry of Stipulation and [Proposed] Order. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/19/2021. See attached document for full details. (Attachments: #1 Exhibit A) (gzu)
April 19, 2021 Filing 539 Unopposed MOTION for Extension of Time to File Reply Brief In Response to Plaintiff's Consolidated Opposition to Defendant's Motion to Dismiss and for Other Relief (DE 531) by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Barbara Bryant, Augustine Carbon, Khadijah Carbon, Alejandro Castro, Shonta Darden, Doctors United, Inc., Alexander Evans, Florimed Medical Center Corp., Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov, Tomas Wharton. Responses due by 5/3/2021 (Attachments: #1 Text of Proposed Order Proposed Order Granting Unopposed Motion for Enlargement of Time)(Riker, Cheyenne)
April 19, 2021 Filing 538 MOTION for Extension of Time to File Response/Reply/Answer as to #531 Response in Opposition to Motion to Dismiss by John Catano. (Villasante, Roberto)
April 17, 2021 Filing 537 MOTION for Entry of Stipulation and [Proposed] Order Regarding The United Defendants' And Related Non-Parties' Banking Records by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A (Stipulation and [Proposed] Order Regarding The United Defendants' and Related Non-Parties' Banking Records), #2 Text of Proposed Order)(Kubicz, P Jan)
April 15, 2021 Filing 536 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 4/15/2021 re #504 MOTION to Withdraw as Attorney of Record for Jean Rodney by Reginald (Tony) Moss, II. Total time in court: 14 minutes. Attorney Appearance(s): Geoffrey Potter, Joshua Kipnees and P. Jan Kubicz appeared on behalf of the Plaintiffs. Neil Clement in-house counsel for Plaintiff was present. Reginald Moss, Jr. appeared on behalf of Jean Rodney (NO SHOW BY JEAN RODNEY). Bruce Howard Vanderlaan appeared on behalf of Defendants Viergela Joseph and Cassandra Louissaint. Gennaro Cariglio, Jr. appeared on behalf of Defendant Michael Poitevien. Kyle Brandon Teal appeared on behalf of Defendants Florimed Medical Center Corp. and Tomas Wharton. David Andrew Joseph appeared on behalf of Defendants Labs4less LLC, Positive Health Alliance, Inc., Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Cora Mann, Erik Pavao and Dimitry Shaposhnikov. Roberto Villasante appeared on behalf of Defendant John Catano. Motion granted. Order entered D.E. #535 . (Digital 16:01:36 - 16:14:33) (sl)
April 15, 2021 Opinion or Order Filing 535 ORDER granting #504 Motion to Withdraw as Attorney. Reginald Anthony Moss, Jr withdrawn from case. Deadline for Defendant Jean Rodney to obtain new counsel 5/5/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/15/2021. See attached document for full details. (gzu)
April 15, 2021 Opinion or Order Filing 534 PAPERLESS ORDER granting #529 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lachlan Campbell-Verduyn. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on April 15, 2021. (ahz)
April 13, 2021 Opinion or Order Filing 533 ORDER re #519 NOTICE of Hearing; #527 NOTICE of Hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/13/2021. See attached document for full details. (gzu)
April 13, 2021 Filing 532 AFFIDAVIT signed by: Joshua Kipnees re #531 Response in Opposition to Motion by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Kubicz, P Jan)
April 13, 2021 Filing 531 RESPONSE in Opposition re #517 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 4/20/2021. (Kubicz, P Jan)
April 13, 2021 Filing 530 PAPERLESS Minute Entry for telephonic proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 4/13/2021. Total time in court: 36 minutes. Attorney Appearance(s): Geoffrey Potter, Devon Hercher, Joshua Kipnees and P. Jan Kubicz appeared on behalf of the Plaintiff. Lori Mayall in-house counsel for the Plaintiffs was present. Lorenz Michel Pruss appeared on behalf of Defendant Positive Health Alliance, Inc. Henry Philip Bell and Javier Reyes appeared on behalf of Defendants Doctors United, Inc., Augustine Carbon and Khadijah Carbon. Roberto Villasante appeared on behalf of Defendant John Catano. Lonnie D. Johnson appeared on behalf of Defendants Community Health Medical Center, LLC, United Clinical Laboratory, LLC, United Pharmacy, LLC, Roman Shekhet, Kirill Vesselov and Michael Vesselov. Kyle Brandon Teal appeared on behalf of Florimed Medical Center Corp. and Tomas Wharton. Order to follow. (Digital 15:27:42 - 16:02:52) (sl)
April 12, 2021 Filing 529 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lachlan Campbell-Verduyn. Filing Fee $ 200.00 Receipt # AFLSDC-14598781 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 4/26/2021 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
April 12, 2021 Filing 528 Unopposed MOTION to Seal per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kubicz, P Jan)
April 9, 2021 Filing 527 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/13/2021 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Bell, Henry)
April 8, 2021 Filing 526 CLERK'S NOTICE re #519 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 4/13/2021 at 3:30 PM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0413. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
April 8, 2021 Opinion or Order Filing 525 PAPERLESS ORDER Setting Hearing on #523 MOTION to Quash; #524 MOTION to Quash for 4/26/2021 at 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. The hearing will be conducted by Zoom Conference. Conference instructions will be provided to counsel via e-mail. Counsel shall disseminate the Zoom Conference instructions to their clients and/or witnesses they intend to call to testify at the hearing. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/8/2021. (gzu)
April 7, 2021 Filing 524 MOTION to Quash Non-Parties' Motion to Quash Subpoena by Calvanetta S. Franklin, Steve C. Taylor. (Torres Bruner, Ghislaine)
April 7, 2021 Filing 523 MOTION to Quash Non-Parties' Motion to Quash Subpoena by Alive and Well Community Partners LLC, Island Food to Go Catering and Take Out. (Torres Bruner, Ghislaine)
April 5, 2021 Opinion or Order Filing 522 PAPERLESS ORDER denying without prejudice #512 MOTION to Quash for failure to to file a certificate of conferral with opposing counsel as required by Local Rule 7.1(a)(3). Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/5/2021. (gzu)
April 5, 2021 Opinion or Order Filing 521 PAPERLESS ORDER denying without prejudice #520 MOTION to Quash for failure to to file a certificate of conferral with opposing counsel as required by Local Rule 7.1(a)(3). Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/5/2021. (gzu)
April 5, 2021 Filing 520 MOTION to Quash Non-Parties Steve C. Taylor and Calvanetta S. Franklin's Motion to Quash Subpoena by Steve C. Taylor, Calvanetta S. Franklin. Attorney Ghislaine Torres Bruner added to party Steve C. Taylor(pty:mov), Attorney Ghislaine Torres Bruner added to party Calvanetta S. Franklin(pty:mov). (Torres Bruner, Ghislaine)
April 1, 2021 Filing 519 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/13/2021 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Kubicz, P Jan)
March 31, 2021 Opinion or Order Filing 518 ORDER On Plaintiffs' Notice Of Joint Liability, ( Motions due by 3/29/2021.) Signed by Judge Aileen M. Cannon on 3/31/2021. See attached document for full details. (kpe)
March 30, 2021 Filing 517 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by John Catano. Responses due by 4/13/2021 (Villasante, Roberto)
March 29, 2021 Filing 516 NOTICE of Joint Liability by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #502 Order (Kubicz, P Jan) Modified Docket Text on 3/29/2021 (nc).
March 29, 2021 Opinion or Order Filing 515 ORDER Setting Hearing on Motion #504 MOTION to Withdraw. Motion Hearing set for 4/15/2021 at 4:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/29/2021. See attached document for full details. (gzu)
March 26, 2021 Opinion or Order Filing 514 ORDER VACATING CLERK'S DEFAULT AGAINST DEFENDANT JOHN CATANO. Defendant John Catano's Combined Motion to Quash Service of Process and Vacate and Set Aside Default (ECF No. #508 ) is GRANTED.The Clerk is directed to SET ASIDE the Clerks Default (ECF No. #263 ) only to the extent that it applies to Defendant John Catano. Defendant John Catano shall file an answer to the Complaint, a responsive motion, or a notice of adoption of another defendant's responsive motion no later than April 9, 2021. Signed by Judge Aileen M. Cannon on 3/26/2021. See attached document for full details. (mc)
March 26, 2021 Filing 513 TRANSCRIPT of Motion Hearing held on 1/19/21 before Judge Aileen M. Cannon, 1-37 pages, Court Reporter: Diane Miller, 772-467-2883 / Diane_Miller@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 4/16/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/24/2021. (dmr)
March 26, 2021 Set Answer Due Deadline: John Catano response due 4/9/2021, per DE #514 Order. (mc)
March 25, 2021 Filing 512 MOTION to Quash Non-parties Alive and Well Community Partners LLC and Island Food to Go Catering and Take Out's Motion to Quash Subpoena by Alive and Well Community Partners LLC, Island Food to Go Catering and Take Out. Attorney Ghislaine Torres Bruner added to party Alive and Well Community Partners LLC(pty:mov), Attorney Ghislaine Torres Bruner added to party Island Food to Go Catering and Take Out(pty:mov). (Torres Bruner, Ghislaine)
March 25, 2021 Filing 511 NOTICE of Typographical Error in Defendant's Consolidated Unopposed Motion for Extension of Time to File Replyin Support to Motions to Dismiss by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans re #507 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #505 Response in Opposition to Motion, by all Defendants (Waldman, Glen)
March 25, 2021 Opinion or Order Filing 510 ORDER SCHEDULING MEDIATION before Harry Schafer Mediation Hearing set for 10/20/2021, and October 28, 2021 09:30 AM via videoconference each day. Signed by Judge Aileen M. Cannon on 3/25/2021. See attached document for full details. (ebz)
March 25, 2021 Opinion or Order Filing 509 PAPERLESS ORDER granting #507 Defendants' Consolidated Unopposed Motion for Extension of Time to file Replies in Support of Motions to Dismiss. The deadline to file replies in support of any motions to dismiss is hereby enlarged to April 23, 2021. Signed by Judge Aileen M. Cannon on March 25, 2021. (ahz)
March 24, 2021 Filing 508 MOTION to Quash , MOTION to Set Aside Default by John Catano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Villasante, Roberto)
March 24, 2021 Filing 507 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #505 Response in Opposition to Motion,,, by All Defendants and by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alexander Evans. (Waldman, Glen)
March 23, 2021 Filing 506 NOTICE of Mediator Selection and Hearing. Selected/Added Harry Schafer as Mediator. Mediation Hearing set for 10/20/2021 at 9:30 a.m. and 10/28/2021 at 9:30 a.m.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
March 19, 2021 Filing 505 RESPONSE in Opposition re #432 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #429 MOTION to Dismiss #1 Complaint, , #430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint, #423 MOTION to Dismiss #1 Complaint, , #441 MOTION to Dismiss #1 Complaint, , #427 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (OMNIBUS), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT, #443 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #440 MOTION to Dismiss #1 Complaint, Pursuant to Rule 9(b) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 3/26/2021. (Kubicz, P Jan)
March 18, 2021 Filing 504 MOTION to Withdraw as Attorney of Record by Reginald (Tony) Moss, II for / by Jean Rodney. Responses due by 4/1/2021 (Attachments: #1 Text of Proposed Order)(Moss, Reginald)
March 16, 2021 Filing 503 Notice of Adoption by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans Related document: #491 Response/Reply (Other), filed by Myriam Augustine, A Better You Wellness Center, LLC, Alejandro Castro, Allied Health Organization, Inc., Alexander Evans (Waldman, Glen)
March 15, 2021 Opinion or Order Filing 502 ORDER on Default Final Judgment Procedure. Plaintiff's Motion for Default Final Judgment or Notice of Joint Liability due 3/29/2021. Signed by Judge Aileen M. Cannon on 3/15/2021. See attached document for full details. (ls)
March 15, 2021 Opinion or Order Filing 501 ORDER denying without prejudice #489 Joint Stipulation and Proposed Order for Preliminary Injunction.. Signed by Judge Aileen M. Cannon on 3/15/2021. See attached document for full details. (ls)
March 14, 2021 Opinion or Order Filing 500 PAPERLESS ORDER granting #499 Plaintiffs' Motion for Leave to File Excess Pages. The page limitation for Plaintiffs' Consolidated Response in Opposition to the Motions to Dismiss is hereby enlarged from fifty (50) pages to ninety-five (95) pages. Signed by Judge Aileen M. Cannon on March 14, 2021. (ahz)
March 14, 2021 Filing 499 MOTION for Leave to File Excess Pages by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
March 12, 2021 Filing 498 Clerks Entry of Default as to Baikal Marketing Group, Inc., Arsen Bazylenko, Tatiana Rozenblyum, Priority Health Medical Center, Inc., Nick Myrtil. Signed by DEPUTY CLERK on 3/12/2021. (jas)
March 12, 2021 Filing 497 Clerks Notice to Filer re #496 MOTION for Default Judgment. 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. (jas)
March 12, 2021 Filing 496 Motion for Clerks Entry of Default by Gilead Sciences Ireland UC. (Attachments: #1 Kipnees Declaration in Support of Motion for Entry of Default, #2 Text of Proposed Order Proposed Entry of Default)(Kubicz, P Jan) Modified motion relief on 3/12/2021 (jas).
March 10, 2021 Opinion or Order Filing 495 AGREED ORDER re Bank Subpoenas. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 3/10/2021. See attached document for full details. (gzu)
March 9, 2021 Filing 494 AFFIDAVIT (Unredacted) signed by: Joshua Kipnees re #466 Affidavit, #465 Response in Opposition to Motion, by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kubicz, P Jan)
March 9, 2021 Filing 493 RESPONSE in Opposition re #422 MOTION to Sever Claims Against Alejandro Castro, Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine and Alexander Evans (Unredacted) filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 3/16/2021. (Kubicz, P Jan)
March 6, 2021 Opinion or Order Filing 492 PAPERLESS ORDER granting #490 Plaintiffs' Unopposed Motion for Extension of Time to File Motions to Amend Pleadings or Join Additional Parties. The Plaintiffs shall file any motions to amend pleadings or join additional parties within thirty (30) days of the Court's resolution of all currently pending motions to dismiss. All other deadlines in the Court's Scheduling Order #311 remain in effect. Signed by Judge Aileen M. Cannon on March 6, 2021. (ahz)
March 5, 2021 Filing 491 REPLY to #465 Response in Opposition to Motion, to Sever Claims by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Attachments: #1 Exhibit Exhibit A)(Waldman, Glen)
March 5, 2021 Filing 490 MOTION for Extension of Time to Amend #311 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,, by Gilead Sciences, Inc.. Responses due by 3/19/2021 (Attachments: #1 Text of Proposed Order Proposed Order re Motion for Extension of Time to Amend Complaint)(Kubicz, P Jan)
March 4, 2021 Filing 489 STIPULATION & Motion for Preliminary Injunction re #263 Clerks Entry/Non-Entry of Default and [Proposed] Order for Preliminary Injunction Doc type modified on 3/5/2021. (scn)
March 4, 2021 Filing 487 NOTICE of Attorney Appearance by Roberto Villasante on behalf of John Catano. Attorney Roberto Villasante added to party John Catano(pty:dft). (Villasante, Roberto)
March 3, 2021 Opinion or Order Filing 488 ORDER denying #467 Motion to Seal. Signed by Judge Aileen M. Cannon on 3/3/2021. See attached document for full details. (lk)
March 3, 2021 Opinion or Order Filing 486 ORDER GRANTING PLAINTIFFS MOTION FOR ENTRY OF AGREED PRELIMINARY INJUNCTION re DE#483 Motion. The Motion and Proposed Order for Preliminary Injunction DE# [483-1] are APPROVED and ADOPTED as an Order of the Court. Signed by Judge Aileen M. Cannon on 3/2/2021. See attached document for full details. (ebz)
March 2, 2021 Opinion or Order Filing 485 ORDER ON DEFAULT PROCEDURE. Plaintiffs shall submit a Motion for Entry of Clerks Default no later than March 12, 2021, ( Motions due by 3/12/2021.) Signed by Judge Aileen M. Cannon on 3/1/2021. See attached document for full details. (ebz)
February 26, 2021 Filing 484 SECOND Clerk's Notice of Undeliverable Mail re 455 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,. US Mail returned for: Priority Health Medical Center, Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp)
February 26, 2021 Filing 483 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A (Stipulation and [Proposed] Order for Preliminary Injunction), #2 Text of Proposed Order)(Kubicz, P Jan)
February 25, 2021 Filing 482 TRANSCRIPT of Discovery Hearing held on 2/16/2021 before Magistrate Judge Alicia M. Otazo-Reyes, 1-37 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/18/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/26/2021. (apz)
February 25, 2021 Opinion or Order Filing 481 PAPERLESS ORDER granting #480 Defendants' Unopposed Motion to Extend the Time to File Reply in Support of Motion to Sever. The Defendants shall file their Reply no later than March 6, 2021. Signed by Judge Aileen M. Cannon on February 25, 2021. (ahz)
February 24, 2021 Filing 480 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #422 MOTION to Sever Claims Against Alejandro Castro, Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine and Alexander Evans, #465 Response in Opposition to Motion, 478 Order on Motion for Extension of Time to File Response/Reply/Answer,, (Unopposed) by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Waldman, Glen)
February 24, 2021 Filing 479 SECOND Clerk's Notice of Undeliverable Mail re 377 Order on Motion to Quash,, Order on Motion to Adopt/Join,,,,, #397 Order,, #311 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,, #402 Order, 314 Order, 398 Notice of Court Practice/to Appear/Other,. US Mail returned for: John Catano. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp)
February 23, 2021 Opinion or Order Filing 478 PAPERLESS ORDER denying #474 Defendants' Unopposed Motion to Extend the Time to File Reply in Support of Motion to Sever. The Defendants seek a ten-day enlargement of the deadline to file a Reply in Support of their Motion to Sever. The Defendants, however, do not set forth a basis for their request. Accordingly, the Defendants must file their Reply in Support of the Motion to Sever by February 24, 2021, or file a renewed motion for extension justifying their request for an extension. Signed by Judge Aileen M. Cannon on February 23, 2021. (ahz).
February 23, 2021 Filing 477 FIRST Clerk's Notice of Undeliverable Mail re 414 Order, 411 Clerks Notice of Docket Correction - Chambers and Clerks, 406 Clerks Notice of Docket Correction - Chambers and Clerks, #420 Order on Motion to Withdraw as Attorney, 412 Clerk's Notice (Other), #419 Order,, Set/Reset Hearings,. US Mail returned for: John Catano. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp)
February 23, 2021 Filing 476 FIRST Clerk's Notice of Undeliverable Mail re 457 Order,. US Mail returned for: Priority Health Medical Center, Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp)
February 22, 2021 Opinion or Order Filing 475 PAPERLESS ORDER STRIKING #472 Notice of Service of Responses to Plaintiffs' Discovery Requests by Defendants Cassandra Louissaint and Viergela Joseph. Local Rule 26.1(b) prohibits parties from filing certain discovery materials, including the materials filed by Defendants. See S.D. Fla. L.R. 26.1(b). Accordingly, the Notice of Service of Responses specified in this Order is stricken. The parties are reminded that full compliance with the Local Rules is required. Signed by Judge Aileen M. Cannon on February 22, 2021. (ahz)
February 22, 2021 Filing 474 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #465 Response in Opposition to Motion, to Sever Claims by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Waldman, Glen)
February 22, 2021 Filing 473 NOTICE of Change of Address, Email or Law Firm Name by Crane Allerton Johnstone (Johnstone, Crane)
February 21, 2021 Filing 472 STRICKEN per DE# 475 , NOTICE by Viergela Joseph, Cassandra Louissaint Response to Plaintiffs' First Request for Production of Documents (Vanderlaan, Bruce) Modified text on 2/23/2021. (jas).
February 19, 2021 Opinion or Order Filing 471 PAPERLESS ORDER granting #470 Plaintiffs' Motion for Extension of Time to Select a Mediator. The parties shall submit a Joint Notice Scheduling Mediation no later than March 23, 2021. The Joint Notice Scheduling Mediation must comply with the instructions set forth in #311 the Court's Scheduling Order. Signed by Judge Aileen M. Cannon on February 19, 2021. (ahz)
February 19, 2021 Filing 470 Unopposed MOTION for Extension of Time to Select a Mediator re #311 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 3/5/2021 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
February 18, 2021 Filing 469 ANSWER and Affirmative Defenses to Complaint by Cassandra Louissaint. (Vanderlaan, Bruce)
February 18, 2021 Filing 468 ANSWER and Affirmative Defenses to Complaint by Viergela Joseph. (Vanderlaan, Bruce)
February 17, 2021 Filing 467 Unopposed MOTION to Seal per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kubicz, P Jan)
February 17, 2021 Filing 466 AFFIDAVIT signed by: Joshua Kipnees re #465 Response in Opposition to Motion, by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kubicz, P Jan)
February 17, 2021 Filing 465 RESPONSE in Opposition re #422 MOTION to Sever Claims Against Alejandro Castro, Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine and Alexander Evans filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Replies due by 2/24/2021. (Kubicz, P Jan)
February 17, 2021 Opinion or Order Filing 463 ORDER re Bank Subpoenas. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/17/2021. See attached document for full details. (gzu)
February 17, 2021 Opinion or Order Filing 462 ORDER re Bank Subpoenas. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/17/2021. See attached document for full details. (gzu)
February 17, 2021 Opinion or Order Filing 461 AGREED ORDER re Bank Subpoenas. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/17/2021. See attached document for full details. (gzu)
February 17, 2021 Filing 460 Clerks Notice to Filer re: DE #417 and DE #418 Notice of Attorney Appearance by Vincent Brown. Incorrect Party Role Selected on behalf of Christine King, David Chiveron, Clevell Brown-Jenning and Jason Joseph. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (jc)
February 16, 2021 Filing 464 TRANSCRIPT of Hearing held on 2/1/21 before Magistrate Judge Alicia M. Otazo-Reyes, 1-71 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/9/2021. Redacted Transcript Deadline set for 3/19/2021. Release of Transcript Restriction set for 5/17/2021. (Attachments: #1 Designation Access Form)(hh)
February 16, 2021 Filing 459 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 2/16/2021. Order to follow. See attached document for attorney appearances. Total time in court: 50 minutes. (Digital 10:30:29 - 11:19:04) (sl) (Main Document 459 replaced on 2/17/2021) (sl).
February 14, 2021 Opinion or Order Filing 458 ORDER, that on or before February 22, 2021, the Defendants specified in this Order shall file a responsive motion, notice of adoption, or separate answers to the Plaintiffs' Complaint. Failure to comply with this Order will result in the Court directing the Plaintiffs to move for the entry of a clerk's default. Signed by Judge Aileen M. Cannon on 2/14/2021. See attached document for full details. (mno)
February 12, 2021 Opinion or Order Filing 457 PAPERLESS ORDER STRIKING #451 , #452 , #453 , #454 , and #456 Initial Disclosures filed by Defendants. Local Rule 26.1(b) prohibits parties from filing certain discovery materials, including the initial disclosures filed by Defendants. See S.D. Fla. L.R. 26.1(b). Accordingly, the initial disclosures specified in this Order are stricken. Signed by Judge Aileen M. Cannon on February 12, 2021. (ahz)
February 11, 2021 Filing 456 (STRIKING) Initial Disclosure(s) by Viergela Joseph (Vanderlaan, Bruce) Modified on 2/12/2021 (mno). SEE (457).
February 11, 2021 Filing 454 (STRIKING) Initial Disclosure(s) by Cassandra Louissaint (Vanderlaan, Bruce) Modified on 2/12/2021 (mno). SEE (457)
February 11, 2021 Filing 453 (STRIKING) Initial Disclosure(s) of Rule 26 by Testing Matters Inc. (Sztyndor, Robyn) Modified on 2/12/2021 (mno). SEE (457)
February 11, 2021 Filing 452 (STRIKING) Initial Disclosure(s) of of Rule 26 by Physician Preferred Pharmacy, Inc. (Sztyndor, Robyn) Modified on 2/12/2021 (mno). SEE (457)
February 10, 2021 Filing 455 Clerks Notice to Filer re #450 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz)
February 10, 2021 Filing 451 (STRIKING) NOTICE by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce of Disclosure pursuant to Rule 2(A)(1) (Felder, Ulysses) Modified text on 2/12/2021 (mno). SEE (457)
February 10, 2021 Filing 450 NOTICE by 3rd Step Recovery Group, Inc. of Corporate Disclosure (Felder, Ulysses)
February 9, 2021 Filing 449 Notice of Adoption by Tamara Alonso Related document: #441 MOTION to Dismiss #1 Complaint, filed by Juan Jesus Salina, Juan Jesus Salina, M.D. Corp., #443 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Tomas Wharton, Florimed Medical Center Corp., #440 MOTION to Dismiss #1 Complaint, Pursuant to Rule 9(b) filed by Mikhail Vesselov, Community Health Medical Center LLC, United Pharmacy LLC, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC (do Campo, Orlando)
February 9, 2021 Filing 448 Notice of Adoption by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov Related document: #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Michael Bogdan, #430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint filed by Khadijah Carbon, Augustine Carbon, Doctors United, Inc., #427 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (OMNIBUS), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT filed by Myriam Augustine, A Better You Wellness Center, LLC, Alejandro Castro, Allied Health Organization, Inc., Alexander Evans (Pruss, Lorenz)
February 9, 2021 Filing 447 NOTICE of Attorney Appearance by Bruce Howard Vanderlaan on behalf of Viergela Joseph, Cassandra Louissaint. Attorney Bruce Howard Vanderlaan added to party Viergela Joseph(pty:dft), Attorney Bruce Howard Vanderlaan added to party Cassandra Louissaint(pty:dft). (Vanderlaan, Bruce)
February 8, 2021 Filing 446 Notice of Adoption by Augustine Carbon, Khadijah Carbon, Doctors United, Inc. Related document: #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Michael Bogdan, #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #427 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (OMNIBUS), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT filed by Alejandro Castro, Alexander Evans, Myriam Augustine, A Better You Wellness Center, LLC, Allied Health Organization, Inc. (Bell, Henry)
February 8, 2021 Filing 445 Notice of Adoption by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans Related document: #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Michael Bogdan, #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #429 MOTION to Dismiss #1 Complaint, filed by 3rd Step Recovery Group, Inc., Maria Freeman, Chenara Anderson, Barbara Gibson, Michael Pierce, #430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint filed by Doctors United, Inc., Khadijah Carbon, Augustine Carbon, #443 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Florimed Medical Center Corp., Tomas Wharton (Waldman, Glen)
February 7, 2021 Filing 444 NOTICE of Attorney Appearance by Vincent Tyrone Brown on behalf of Emma Lawrence, Ann Robinson, Ann Robin, Rachelle Beaubrun. Attorney Vincent Tyrone Brown added to party Emma Lawrence (pty:ip), Attorney Vincent Tyrone Brown added to party Ann Robin(pty:ip), Attorney Vincent Tyrone Brown added to party Rachelle Beaubrun (pty:ip). (Brown, Vincent)
February 5, 2021 Filing 443 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Florimed Medical Center Corp., Tomas Wharton. Responses due by 2/19/2021 (Teal, Kyle)
February 5, 2021 Filing 442 Defendant's MOTION to Adopt/Join #424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint, #423 MOTION to Dismiss #1 Complaint, , #1 Complaint, by Jennifer John Carbon. (Howard, David)
February 5, 2021 Filing 441 MOTION to Dismiss #1 Complaint, by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina. Responses due by 2/19/2021 (Leyton, Daniel)
February 5, 2021 Filing 440 MOTION to Dismiss #1 Complaint, Pursuant to Rule 9(b) by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 2/19/2021 (Riker, Cheyenne)
February 5, 2021 Filing 439 ANSWER TO PLAINTIFFS COMPLAINT by Community Health Medical Center LLC. (Riker, Cheyenne) Modified text on 2/8/2021 (ebz).
February 5, 2021 Filing 438 ANSWER TO PLAINTIFFS COMPLAINT by United Pharmacy LLC. (Riker, Cheyenne) Modified text on 2/8/2021 (ebz).
February 5, 2021 Filing 437 Notice of Adoption by Jean Rodney (Moss, Reginald)
February 5, 2021 Filing 436 Notice of Adoption by Michel Poitevien Related document: #422 MOTION to Sever Claims Against Alejandro Castro, Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine and Alexander Evans filed by Myriam Augustine, A Better You Wellness Center, LLC, Alejandro Castro, Allied Health Organization, Inc., Alexander Evans (Cariglio, Gennaro)
February 5, 2021 Filing 435 Notice of Adoption by Michel Poitevien Related document: #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC, #248 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law filed by United Clinical Laboratory LLC (Cariglio, Gennaro)
February 5, 2021 Filing 434 Notice of Adoption by Jean Alexandre, Alliance Medical Center, Inc. Related document: #422 MOTION to Sever Claims Against Alejandro Castro, Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine and Alexander Evans filed by Myriam Augustine, A Better You Wellness Center, LLC, Alejandro Castro, Allied Health Organization, Inc., Alexander Evans (Petruzzi, Paul)
February 5, 2021 Filing 433 Notice of Adoption by Jean Rodney (Moss, Reginald)
February 5, 2021 Filing 432 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Tamara Alonso. Responses due by 2/19/2021 (do Campo, Orlando)
February 5, 2021 Filing 431 NOTICE OF JOINDER IN MOTION TO SEVER CLAIMS [DE 422] by Ulysses L Felder on behalf of 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce (Felder, Ulysses) Modified text on 2/8/2021 (ebz).
February 5, 2021 Filing 430 MOTION for More Definite Statement and, in the Alternative, to Dismiss the Complaint by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. (Bell, Henry)
February 5, 2021 Filing 429 MOTION to Dismiss #1 Complaint, by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. Responses due by 2/19/2021 (Felder, Ulysses)
February 5, 2021 Filing 428 Notice of Adoption by Jean Alexandre, Alliance Medical Center, Inc. Related document: #425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Erik Joseph Pavao, Barbara Bryant, Shonta Darden, Cora Mann, Gary Kogan, Jesula Gabo, Dimitry Shaposhnikov, Andre Kerr, Positive Health Alliance, Inc., Kerline Joseph, Labs4less LLC (Petruzzi, Paul)
February 5, 2021 Filing 427 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (OMNIBUS), OR IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Responses due by 2/19/2021 (Attachments: #1 Exhibit A)(Waldman, Glen)
February 5, 2021 Filing 426 DEFENDANTS, 3RD STEP RECOVERY GROUP, INC d/b/a CONTINENTAL WELLNESS, MARIA FREEMAN, BARBARA GIBSON, MICHAEL PIERCE AND CHENARA ANDERSONS NOTICE OF JOINDER IN MOTION TO QUASH SUBPOENAS TO BANKS AND REQUEST FOR EXPEDITED REVIEW [DE 303] by Ulysses L Felder on behalf of 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce (Attachments: #1 Text of Proposed Order Proposed Order on Defendants' notice of joinder) (Felder, Ulysses) Modified text on 2/8/2021 (ebz).
February 5, 2021 Filing 425 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Labs4less LLC, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. Attorney Lorenz Michel Pruss added to party Barbara Bryant(pty:dft), Attorney Lorenz Michel Pruss added to party Shonta Darden(pty:dft), Attorney Lorenz Michel Pruss added to party Jesula Gabo(pty:dft), Attorney Lorenz Michel Pruss added to party Andre Kerr(pty:dft), Attorney Lorenz Michel Pruss added to party Gary Kogan(pty:dft), Attorney Lorenz Michel Pruss added to party Cora Mann(pty:dft), Attorney Lorenz Michel Pruss added to party Erik Joseph Pavao(pty:dft), Attorney Lorenz Michel Pruss added to party Dimitry Shaposhnikov(pty:dft). Responses due by 2/19/2021 (Pruss, Lorenz)
February 5, 2021 Filing 424 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Michael Bogdan. Responses due by 2/19/2021 (Sztyndor, Robyn)
February 4, 2021 Filing 423 MOTION to Dismiss #1 Complaint, by Shajuandrine Garcia, Willie Peacock, Well Care LLC. Responses due by 2/18/2021 (Noble, Kenneth)
February 3, 2021 Filing 422 MOTION to Sever Claims Against Alejandro Castro, Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine and Alexander Evans by A Better You Wellness Center, LLC, Allied Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Responses due by 2/17/2021 (Waldman, Glen)
February 1, 2021 Filing 421 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Discovery Hearing held on 2/1/2021 Total time in court: 1 hour(s) : 47 minutes. See Order entered D.E. #419 . See attached for attorney appearances. (Digital 10:36:04 - 12:22:41) (sl)
February 1, 2021 Opinion or Order Filing 420 ORDER granting #309 Unopposed MOTION to Withdraw as Attorney. Deadline to obtain new counsel 2/22/2021. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/1/2021. See attached document for full details. (gzu)
February 1, 2021 Opinion or Order Filing 419 ORDER re #378 NOTICE of Hearing; #401 NOTICE of Hearing; #409 NOTICE of Hearing; #410 NOTICE of Hearing; #415 NOTICE of Hearing; #416 NOTICE of Hearing; setting Continued Discovery Hearing for 2/16/2021 at 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/1/2021. See attached document for full details. (gzu)
February 1, 2021 Filing 418 NOTICE of Attorney Appearance by Vincent Tyrone Brown on behalf of David Chiveron, Clevell Brown-Jennings, Jason Joseph. Attorney Vincent Tyrone Brown added to party David Chiveron (pty:dft), Attorney Vincent Tyrone Brown added to party Clevell Brown-Jennings(pty:dft), Attorney Vincent Tyrone Brown added to party Jason Joseph(pty:dft). (Brown, Vincent)
February 1, 2021 Filing 417 NOTICE of Attorney Appearance by Vincent Tyrone Brown on behalf of Christine King. Attorney Vincent Tyrone Brown added to party Christine King(pty:dft). (Brown, Vincent)
February 1, 2021 Attorneys Eric Samuel Kay and Mindy Y. Kubs representing Alled Health Organization, Inc., A Better You Wellness Center, LLC, and Myriam Augustine, Alejandro Castro, and Alexander Evans terminated per DE #294 and #413 . (mc)
January 29, 2021 Filing 416 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/1/2021 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Trontz, David)
January 29, 2021 Filing 415 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/1/2021 10:30 AM before Magistrate Judge Alicia M. Otazo-Reyes. (Sztyndor, Robyn)
January 29, 2021 Opinion or Order Filing 414 PAPERLESS SUPPLEMENTAL ORDER re Telephonic Discovery Hearing set for 2/1/2021 at 10:30 AM. The hearing will be conducted by Zoom Conference. Conference instructions will be provided to counsel via e-mail. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/29/2021. (gzu)
January 29, 2021 Filing 413 NOTICE by A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans re #294 Notice/Stipulation of Substitution of Counsel,,, (Kay, Eric)
January 29, 2021 Filing 412 CLERK'S NOTICE per chambers re #401 Notice re Hearing by Attorney - Discovery hearing. Corrected year of this hearing to 2/1/2021, not 2022. (mf)
January 29, 2021 Filing 411 Clerks Notice of Docket Correction re #403 Notice re Hearing by Attorney, Correction Other. Hearing incorrectly scheduled before Judge Cannon, attorney advised. (mno)
January 29, 2021 Filing 410 NOTICE of Hearing by ATTORNEY: Telephone Conference set for 2/1/2021 10:30 AM in Fort Pierce Division before Magistrate Judge Alicia M. Otazo-Reyes. (Attachments: #1 Exhibit A, #2 Exhibit B) (Riker, Cheyenne)
January 29, 2021 Filing 409 NOTICE of Hearing by ATTORNEY: Telephone Conference set for 2/1/2021 10:30 AM in Fort Pierce Division before Magistrate Judge Alicia M. Otazo-Reyes. (Attachments: #1 Exhibit A, #2 Exhibit B) (Riker, Cheyenne)
January 29, 2021 Filing 408 NOTICE of Striking #405 Notice re Hearing by Attorney filed by Mikhail Vesselov, Community Health Medical Center LLC, United Pharmacy LLC, Kirill Vesselov, Roman Shekhet, United Clinical Laboratory LLC by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov (Riker, Cheyenne)
January 29, 2021 Filing 407 NOTICE of Striking #403 Notice re Hearing by Attorney,,,,,,,,,,,,,,,, filed by 5660 West State Road 46, LLC, 1008 West First Street, LLC, 1007 West First Street, LLC, 1005 West 1st Street, LLC, 1000 W. 1st Street, LLC, 903 West First Street, LLC, 901 West First Street, LLC, 611 East First Street, LLC, 519 West 4th St. LLC, 501 South Rogers Street, LLC, 416 West 4th Street, LLC, 412 West 4th Street, LLC, 215 W 4th Street QOF, LLC, 190 E. Ellis Road, LLC, Indiana Wellness Rx, LLC, Prevent Rx 2, LLC, Goyhberg Investments, LLC, Prevent Rx 4, LLC, Recovery Team New England, LLC, K & F Investment Group Inc., Lab Guys, LLC, Prevent Rx 3, LLC, Prevent Rx, LLC, United Construction Partners, LLC, United Dialysis Center, Inc, United Central Service Company, Inc, Lab Guys II, LLC, The Haven Detox LLC, Indiana Center for Recovery, LLC, KMG New Jersey, LLC, Reno Laboratories LLC, Haven Detox MA, LLC, Haven Behavioral Healthcare, LLC, UDT Software, LLC, Medstar Laboratory of Florida, Inc, United Clinical Laboratories of New Jersey, LLC, The Haven Detox of New Jersey, LLC, The Recovery Team, Inc, Bloomington MD Wellness, LLC, Bloomington Gourmet Catering, LLC, United Billing Solutions, LLC, B-Town Recovery Residence, LLC, Innova Enterprises, LLC, ICFR Residence, LLC, KMG Holdings, LLC, Recovery Team Behavioral Health, LLC by 1000 W. 1st Street, LLC, 1005 West 1st Street, LLC, 1007 West First Street, LLC, 1008 West First Street, LLC, 190 E. Ellis Road, LLC, 215 W 4th Street QOF, LLC, 412 West 4th Street, LLC, 416 West 4th Street, LLC, 501 South Rogers Street, LLC, 519 West 4th St. LLC, 5660 West State Road 46, LLC, 611 East First Street, LLC, 901 West First Street, LLC, 903 West First Street, LLC, B-Town Recovery Residence, LLC, Bloomington Gourmet Catering, LLC, Bloomington MD Wellness, LLC, Goyhberg Investments, LLC, Haven Behavioral Healthcare, LLC, Haven Detox MA, LLC, Haven Health Management, LLC, ICFR Residence, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, Innova Enterprises, LLC, K & F Investment Group Inc., KMG Holdings, LLC, KMG New Jersey, LLC, Lab Guys II, LLC, Lab Guys, LLC, Medstar Laboratory of Florida, Inc, Prevent Rx 2, LLC, Prevent Rx 3, LLC, Prevent Rx 4, LLC, Prevent Rx, LLC, Recovery Team Behavioral Health, LLC, Recovery Team New England, LLC, Reno Laboratories LLC, The Haven Detox LLC, The Haven Detox of New Jersey, LLC, The Recovery Team, Inc, UDT Software, LLC, United Billing Solutions, LLC, United Central Service Company, Inc, United Clinical Laboratories of New Jersey, LLC, United Construction Partners, LLC, United Dialysis Center, Inc. Attorney Cheyenne Nathaniel Riker added to party Haven Health Management, LLC(pty:ip). (Riker, Cheyenne)
January 29, 2021 Filing 406 Clerks Notice of Docket Correction re #405 Notice re Hearing by Attorney. Correction Other. Hearing incorrectly scheduled before Judge Cannon; Hearing terminated by courtroom clerk (attorney advised). (mno)
January 28, 2021 Filing 405 (STRICKEN per DE #408 ) NOTICE of Hearing by ATTORNEY: Telephone Conference set for 2/1/2021 10:30 AM before Judge Aileen M. Cannon. (Attachments: #1 Exhibit A, #2 Exhibit B) (Riker, Cheyenne) Modified text on 1/29/2021 (mc).
January 28, 2021 Filing 404 NOTICE of Attorney Appearance by Cheyenne Nathaniel Riker on behalf of 1000 W. 1st Street, LLC, 1005 West 1st Street, LLC, 1007 West First Street, LLC, 1008 West First Street, LLC, 190 E. Ellis Road, LLC, 215 W 4th Street QOF, LLC, 412 West 4th Street, LLC, 416 West 4th Street, LLC, 501 South Rogers Street, LLC, 519 West 4th St. LLC, 5660 West State Road 46, LLC, 611 East First Street, LLC, 901 West First Street, LLC, 903 West First Street, LLC, B-Town Recovery Residence, LLC, Bloomington Gourmet Catering, LLC, Bloomington MD Wellness, LLC, Goyhberg Investments, LLC, Haven Behavioral Healthcare, LLC, Haven Detox MA, LLC, ICFR Residence, LLC, Indiana Center for Recovery, LLC, Indiana Wellness Rx, LLC, Innova Enterprises, LLC, K & F Investment Group Inc., KMG Holdings, LLC, KMG New Jersey, LLC, Lab Guys II, LLC, Lab Guys, LLC, Labs4less LLC, Medstar Laboratory of Florida, Inc, Prevent Rx 2, LLC, Prevent Rx 3, LLC, Prevent Rx 4, LLC, Prevent Rx, LLC, Recovery Team Behavioral Health, LLC, Recovery Team New England, LLC, Reno Laboratories LLC, The Haven Detox LLC, The Haven Detox of New Jersey, LLC, The Recovery Team, Inc, UDT Software, LLC, United Billing Solutions, LLC, United Central Service Company, Inc, United Clinical Laboratories of New Jersey, LLC, United Clinical Laboratory LLC, United Construction Partners, LLC, United Dialysis Center, Inc. Attorney Cheyenne Nathaniel Riker added to party Labs4less LLC(pty:dft). (Riker, Cheyenne)
January 28, 2021 Filing 403 (STRICKEN per DE #407 ) NOTICE of Hearing by ATTORNEY:. Attorney Cheyenne Nathaniel Riker added to party 190 E. Ellis Road, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 215 W 4th Street QOF, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 412 West 4th Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 416 West 4th Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 501 South Rogers Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 519 West 4th St. LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 611 East First Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 901 West First Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 903 West First Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 1000 W. 1st Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 1005 West 1st Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 1007 West First Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 1008 West First Street, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party 5660 West State Road 46, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party B-Town Recovery Residence, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Bloomington Gourmet Catering, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Goyhberg Investments, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Haven Behavioral Healthcare, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Anderson Triggs(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Indiana Center for Recovery, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party ICFR Residence, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Indiana Wellness Rx, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Innova Enterprises, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party K & F Investment Group Inc.(pty:ip), Attorney Cheyenne Nathaniel Riker added to party KMG Holdings, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party KMG New Jersey, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Lab Guys, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Lab Guys II, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Medstar Laboratory of Florida, Inc(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Prevent Rx, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Prevent Rx 2, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Prevent Rx 3, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Prevent Rx 4, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party The Recovery Team, Inc(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Recovery Team Behavioral Health, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Recovery Team New England, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Reno Laboratories LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party The Haven Detox LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party The Haven Detox of New Jersey, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Haven Detox MA, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party UDT Software, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party United Billing Solutions, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party United Central Service Company, Inc(pty:ip), Attorney Cheyenne Nathaniel Riker added to party United Clinical Laboratories of New Jersey, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party United Construction Partners, LLC(pty:ip), Attorney Cheyenne Nathaniel Riker added to party United Dialysis Center, Inc(pty:ip), Attorney Cheyenne Nathaniel Riker added to party Bloomington MD Wellness, LLC(pty:ip). Argument on Bankruptcy Appeal set for 2/1/2021 10:30 AM before Judge Aileen M. Cannon. (Attachments: #1 Exhibit A, #2 Exhibit B) (Riker, Cheyenne) Modified text on 1/29/2021 (mc).
January 28, 2021 Opinion or Order Filing 402 ORDER ON DEFENDANTS' RESPONSES TO ORDER TO SHOW CAUSE. The Court's Order to Show Cause DE#302 is VACATED only to the extent that it applies to pro se Defendants Tatiana Rozenblyum, Arsen Bazylenko, and Baikal Marketing Group, Inc. Signed by Judge Aileen M. Cannon on 1/28/2021. See attached document for full details. (ebz) Modified text on 1/28/2021 (mno).
January 28, 2021 Filing 401 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/1/2021 10:30 AM before Magistrate Judge Alicia M. Otazo-Reyes. (Attachments: #1 Exhibit A - List of Banks, #2 Exhibit B - Subpoena) (Bell, Henry) Correct year in docket text per chambers to 2021, not 2022 on 1/29/2021 (mf).
January 28, 2021 Opinion or Order Filing 400 PAPERLESS ORDER: Plaintiffs recently filed executed summonses for all Defendants in this case, prompting the CM/ECF system automatically to establish response/answer deadlines. Notwithstanding those generated deadlines, the parties are instructed to adhere to the deadlines and instructions set forth in the Court's Omnibus Case Management Order #299 for responding to Plaintiffs' Complaint. Signed by Judge Aileen M. Cannon on January 28, 2021. (ahz)
January 28, 2021 Opinion or Order Filing 399 ORDER DIRECTING PRO SE CORPORATE DEFENDANT TO RETAIN COUNSEL. Defendant Baikal Marketing Group, Inc. shall, no later than February 19, 2021, retain counsel permitted to practice before the Court and ensure that counsel files a notice of appearance on the docket. Signed by Judge Aileen M. Cannon on 1/28/2021. See attached document for full details. (mno)
January 28, 2021 Filing 398 CLERK'S NOTICE re #378 NOTICE of Hearing. The dial-in instructions for the telephonic discovery hearing set for 2/1/2021 at 10:30 AM are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0201. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (gzu)
January 27, 2021 Opinion or Order Filing 397 ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS, that pro se Defendants Tatiana Rozenblyum, Arsen Bazylenko, and Baikal Marketing Group, Inc, shall comply with all Federal Rules of Civil Procedure and Local Rules for the Southern District of Florida. Further, pro se litigants are required to supply the Court with their email address(es) and telephone number(s) to facilitate communication and the timely receipt of Court Orders. Signed by Judge Aileen M. Cannon on 1/27/2021. See attached document for full details. (mno)
January 27, 2021 Filing 396 CLERK'S NOTICE of Compliance re 393 Paperless Order directing Clerk to enter physical address in the docket and mail the order as as to Tatiana Rozenblyum, Arsen Bazylenko and Baikal Marketing Group, Inc.. (jas)
January 27, 2021 Opinion or Order Filing 393 PAPERLESS ORDER. The Clerk of Court is directed to enter the following physical address on the docket for Pro Se Defendants Tatiana Rozenblyum, Arsen Bazylenko and Baikal Marketing Group, Inc.: 3029 NE 188TH Street, #319, Miami, Florida 33180. Furthermore, the Clerk of Court is directed to mail a copy of this Order and all future Court filings to Pro Se Defendants Tatiana Rozenblyum, Arsen Bazylenko and Baikal Marketing Group, Inc., at the physical address specified above. Signed by Judge Aileen M. Cannon on January 27, 2021. (ahz)
January 27, 2021 Filing 392 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Nick Myrtil (Kubicz, P Jan) Modified party served on 1/28/2021 (ebz).
January 27, 2021 Filing 391 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Cassandra Louissaint (Kubicz, P Jan)
January 27, 2021 Filing 390 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Gary Kogan (Kubicz, P Jan)
January 27, 2021 Filing 389 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Viergela Joseph (Kubicz, P Jan)
January 27, 2021 Filing 388 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Viergela Joseph c/o Priority Health Medical Center, Inc. (Kubicz, P Jan)
January 27, 2021 Filing 387 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Kerline Joseph c/o Positive Health Alliance (Kubicz, P Jan)
January 27, 2021 Filing 386 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Jesula Gabo c/o Positive Health Alliance (Kubicz, P Jan)
January 27, 2021 Filing 385 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Alexander Evans (Kubicz, P Jan)
January 27, 2021 Filing 384 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Shonta Darden (Kubicz, P Jan)
January 27, 2021 Filing 383 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, John Catano (Kubicz, P Jan)
January 27, 2021 Filing 382 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Khadijah Carbon (Kubicz, P Jan)
January 27, 2021 Filing 381 Notice of Adoption by Jean Rodney (Moss, Reginald)
January 27, 2021 Filing 380 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Barbara Bryant (Kubicz, P Jan)
January 27, 2021 Filing 379 CERTIFICATE OF SERVICE by Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Tamara Alonso (Kubicz, P Jan)
January 27, 2021 Filing 378 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/1/2021 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Waldman, Glen)
January 26, 2021 Filing 395 Clerks Notice to Filer re #342 Summons Returned Executed. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 394 Summons Returned Executed. It is not necessary to refile this document. (ebz)
January 26, 2021 Filing 394 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Jesula Gabo served on 11/11/2020, answer due 12/2/2020. (See DE#342 for image) (ebz)
January 26, 2021 Opinion or Order Filing 377 PAPERLESS ORDER striking #303 MOTION to Quash Subpoenas; #304 MOTION to Adopt/Join; #306 MOTION to Quash; and #310 MOTION to Adopt/Join without prejudice to Defendants seeking relief in accordance with the discovery procedures set forth in #357 NOTICE OF DISCOVERY PROCEDURES. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/26/2021. (gzu)
January 26, 2021 Filing 376 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Tomas Wharton served on 11/14/2020, answer due 12/5/2020. (Kubicz, P Jan)
January 26, 2021 Filing 375 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Well Care LLC served on 11/10/2020, answer due 12/1/2020.(Kubicz, P Jan) Modified party served on 1/27/2021 (mc).
January 26, 2021 Filing 374 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Mikhail Vesselov served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 373 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Kirill Vesselov served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 372 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. United Pharmacy LLC served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 371 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. United Clinical Laboratory LLC served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 370 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Testing Matters Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 369 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Well Care LLC served on 11/10/2020, answer due 2/1/2021. (Kubicz, P Jan)
January 26, 2021 Filing 368 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Roman Shekhet served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 367 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Dimitry Shaposhnikov served on 11/11/2020, answer due 12/2/2020. (Kubicz, P Jan)
January 26, 2021 Filing 366 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Juan Jesus Salina served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified party served on 1/28/2021 (mc).
January 26, 2021 Filing 365 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Juan Jesus Salina served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 364 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Tatiana Rozenblyum served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 363 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Jean Rodney served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 362 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Priority Health Medical Center, Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 361 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Positive Health Alliance, Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 360 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Michel Poitevien served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 359 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Michael Pierce served on 11/12/2020, answer due 12/3/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 358 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Physician Preferred Pharmacy, Inc. served on 11/11/2020, answer due 12/2/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 357 NOTICE OF DISCOVERY PROCEDURES. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/26/2021. See attached document for full details. (gzu)
January 26, 2021 Filing 356 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Willie Peacock served on 11/10/2020, answer due 2/1/2021. (Kubicz, P Jan)
January 26, 2021 Filing 355 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Erik Joseph Pavao served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 354 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Ifeoma Nwofor served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 353 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Nick Myrtil served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 352 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Cora Mann served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 351 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Cassandra Louissaint served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 350 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Labs4less LLC served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 349 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Gary Kogan served on 11/11/2020, answer due 12/2/2020. (Kubicz, P Jan)
January 26, 2021 Filing 348 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Andre Kerr served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 347 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Kerline Joseph served on 11/16/2020, answer due 12/7/2020. (Kubicz, P Jan)
January 26, 2021 Filing 346 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Viergela Joseph served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 345 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Kerline Joseph served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 344 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Barbara Gibson served on 11/11/2020, answer due 12/2/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 343 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Shajuandrine Garcia served on 11/18/2020, answer due 12/9/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 342 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Jesula Gabo served on 11/10/2020, answer due 12/2/2020. (Kubicz, P Jan)
January 26, 2021 Filing 341 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Jesula Gabo served on 11/11/2020, answer due 12/2/2020. (Kubicz, P Jan)
January 26, 2021 Filing 340 RESPONSE TO ORDER TO SHOW CAUSE re #302 Order to Show Cause, Viergela Joseph and Cassandra Louissant. (mno)
January 26, 2021 Filing 339 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Maria Freeman served on 11/11/2020, answer due 12/2/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 338 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Alexander Evans served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified party served on 1/27/2021 (ebz). Modified text on 1/27/2021 (ebz).
January 26, 2021 Filing 337 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Alexander Evans served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 336 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Doctors United, Inc. served on 11/10/2020, answer due 1/22/2021. (Kubicz, P Jan)
January 26, 2021 Filing 335 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Shonta Darden served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 334 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Community Health Medical Center LLC served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 333 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Jean Charlot served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified to add party served on 1/27/2021 (mc).
January 26, 2021 Filing 332 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. John Catano served on 11/16/2020, answer due 12/7/2020. (Kubicz, P Jan) Modified party served on 1/27/2021 (mc).
January 26, 2021 Filing 331 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Alejandro Castro served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 330 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Augustine Carbon served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 329 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Jennifer John Carbon served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 328 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Khadijah Carbon served on 11/13/2020, answer due 12/4/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 327 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Barbara Bryant served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 326 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Michael Bogdan served on 11/10/2020, answer due 1/22/2021. (Kubicz, P Jan)
January 26, 2021 Filing 325 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Arsen Bazylenko served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 324 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Twiggi Batista served on 11/10/2020, answer due 1/22/2021. (Kubicz, P Jan)
January 26, 2021 Filing 323 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Baikal Marketing Group, Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 322 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Myriam Augustine served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 321 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Chenara Anderson served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 320 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Tamara Alonso served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 319 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Alled Health Organization, Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 318 Statement of: Response to Order to Show Cause by Shajuandrine Garcia, Willie Peacock, Well Care LLC re #302 Order to Show Cause (Noble, Kenneth)
January 26, 2021 Filing 317 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Alliance Medical Center, Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 316 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. Jean Alexandre served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified to add party served on 1/27/2021 (mc).
January 26, 2021 Filing 315 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. AJC Medical Group, Inc served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified to add party served on 1/27/2021 (mc).
January 26, 2021 Opinion or Order Filing 314 PAPERLESS ORDER. Executed summonses have been filed for Defendants AJC Medical Group, Inc. #233 , John Catano #234 and Jean Charlot #235 . However, Plaintiffs have failed to file executed summonses with supporting affidavits for all other Defendants. Accordingly, the Plaintiffs are ORDERED to file executed summonses with supporting affidavits as to all remaining Defendants no later than January 29, 2021. Signed by Judge Aileen M. Cannon on January 26, 2021. (ahz)
January 26, 2021 Filing 313 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. A Better You Wellness Center, LLC served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
January 26, 2021 Filing 312 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences, Inc.. 3rd Step Recovery Group, Inc. served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan) Modified answer due date on 1/27/2021 (mc).
January 26, 2021 Filing 310 STRICKEN per DE# 377 , MOTION to Adopt/Join #307 Notice (Other), #303 MOTION to Quash Subpoenas to Banks and Request for Expedited Review with supplemental authority regarding standing to object to insufficiently noticed subpoenas that violate parties' privacy interests by Florimed Medical Center Corp., Tomas Wharton. (Teal, Kyle) Modified text on 1/27/2021 (jas).
January 25, 2021 Opinion or Order Filing 311 ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE ( Jury Trial set for 6/20/2022 09:00 AM before Judge Aileen M. Cannon., Calendar Call set for 6/14/2022 01:45 PM before Judge Aileen M. Cannon., Amended Pleadings due by 4/5/2021., Discovery due by 11/22/2021., Expert Discovery due by 11/22/2021., Fact Discovery due by 11/22/2021., Joinder of Parties due by 4/5/2021., Mediation Deadline 12/6/2021., In Limine Motions due by 5/16/2022., Dispositive Motions due by 12/31/2021., Motions due by 12/31/2021., Pretrial Stipulation due by 5/16/2022.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes all pretrial non-dispositive and discovery matters. Signed by Judge Aileen M. Cannon on 1/25/2021. See attached document for full details. (ebz) #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.
January 25, 2021 Filing 309 Unopposed MOTION to Withdraw as Attorney by David M. Trontz for / by Nick Myrtil, Priority Health Medical Center, Inc.. Responses due by 2/8/2021 (Attachments: #1 Text of Proposed Order Granting Unopposed Motion by David M. Trontz, Esq. and Donet, McMillan & Trontz, P.A. for Leave to Withdraw as Counsel of Record for Defendants Priority Health Medical Center, Inc. and Nick J. Myrtil)(Trontz, David)
January 25, 2021 Filing 308 RESPONSE TO ORDER TO SHOW CAUSE re #302 Order to Show Cause by Chenara Anderson, Maria Freeman, 3rd Step Recovery Group, Inc., Michael Pierce, Barbara Gibson. (Felder, Ulysses)
January 25, 2021 Filing 307 NOTICE by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina re #303 MOTION to Quash Subpoenas to Banks and Request for Expedited Review (Leyton, Daniel)
January 24, 2021 Filing 306 STRICKEN per DE# 377 , MOTION to Quash (Joinder of Motion to Quash Subpoenas to Banks and Request for Expedited Review [DE 303] filed by the Allied Health Defendants) by Nick Myrtil, Priority Health Medical Center, Inc.. (Attachments: #1 Text of Proposed Order on Joinder of Motion to Quash by Priory Health and Myrtil)(Trontz, David) Modified text on 1/27/2021 (jas).
January 23, 2021 Filing 305 Notice of Adoption by Doctors United, Inc. Related document: #303 MOTION to Quash Subpoenas to Banks and Request for Expedited Review filed by Myriam Augustine, A Better You Wellness Center, LLC, Alled Health Organization, Inc., Alejandro Castro, Alexander Evans (Bell, Henry)
January 22, 2021 Filing 304 STRICKEN per DE# 377 , MOTION to Adopt/Join #303 MOTION to Quash Subpoenas to Banks and Request for Expedited Review by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne) Modified text on 1/27/2021 (jas).
January 22, 2021 Filing 303 STRICKEN per DE# 377 , MOTION to Quash Subpoenas to Banks and Request for Expedited Review by A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. (Attachments: #1 Exhibit A)(Waldman, Glen) Modified text on 1/27/2021 (jas).
January 21, 2021 Opinion or Order Filing 302 ORDER TO SHOW CAUSE, Show Cause Response due by 1/26/2021. Signed by Judge Aileen M. Cannon on 1/21/2021. See attached document for full details. (mno)
January 21, 2021 Filing 301 NOTICE of Attorney Appearance by Paul Jason Burkhart on behalf of Benzer FL 3 LLC d/b/a Elite Pharmacy. Attorney Paul Jason Burkhart added to party Benzer FL 3 LLC d/b/a Elite Pharmacy(pty:3pd). (Burkhart, Paul)
January 21, 2021 Filing 300 Clerks Notice to Filer re #298 Notice of Attorney Appearance. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (scn)
January 20, 2021 Opinion or Order Filing 299 OMNIBUS CASE MANAGEMENT ORDER, Denying As Moot Motions #248 , #250 , #267 , and #283 in light of the modified response deadline and procedures specified in this Order. The Plaintiffs' Motion for Extension of Time to file their Motion for Default Judgment against Defendants AJC Medical Group, INC., Jean Charlot and John Catano #292 is GRANTED. The Plaintiffs' Unopposed Motion to Submit a Consolidated Response #293 is GRANTED in accordance with the briefing schedule and procedures outlined in this Order. Signed by Judge Aileen M. Cannon on 1/20/2021. See attached document for full details. (mno)
January 20, 2021 Filing 298 NOTICE of Attorney Appearance by Crane Allerton Johnstone on behalf of Testing Matters Inc.. Attorney Crane Allerton Johnstone added to party Testing Matters Inc.(pty:dft). (Johnstone, Crane)
January 19, 2021 Filing 297 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on 1/19/2021. The Court heard argument from the parties on pending motions and the consolidation of anticipated motions. The following Defendants failed to make an appearance: Well Care, LLC, Willie Peacock, Shajuandrine Garcia, 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce, Cassandra Louissant, Viergela Joseph, Baikal Marketing Group, Inc., Arsen Bazylenko, and Tatiana Rozenblyum. A written Order to follow. Attorney appearance(s): counsel of record appeared for all other parties not mentioned above. Total time in court: 1 hour. Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (ahz) .
January 19, 2021 Filing 296 NOTICE OF REQUEST FOR WITHDRAWAL OF EMAIL FROM SERVICE LIST by Alled Health Organization, Inc. (Lopez, Javier) Modified text on 1/20/2021 (ebz).
January 18, 2021 Attorney Javier Asis Lopez representing A Better You Wellness Center, LLC (Defendant) and Augustine, Myriam (Defendant) and Castro, Alejandro (Defendant); and Evans, Alexander (Defendant); ; Attorney Detra Shaw-Wilder representing Alled Health Organization, Inc. (Defendant) and A Better You Wellness Center, LLC (Defendant); and Augustine, Myriam (Defendant); and Castro, Alejandro (Defendant); and Evans, Alexander (Defendant); terminated. Per DE#294 STIPULATION FOR SUBSTITUTION OF COUNSEL (ebz)
January 18, 2021 Filing 295 NOTICE of Attorney Appearance by Glen H. Waldman on behalf of A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans (Waldman, Glen)
January 18, 2021 Filing 294 NOTICE/STIPULATION of Substitution of Counsel by Glen H. Waldman on behalf of A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans instead of prior counsel of record KOZYAK TROPIN & THROCKMORTON. Javier A. Lopez, Esq. and Detra Shaw-Wilder, Esq.. Attorney Glen H. Waldman added to party A Better You Wellness Center, LLC(pty:dft), Attorney Glen H. Waldman added to party Alled Health Organization, Inc.(pty:dft), Attorney Glen H. Waldman added to party Myriam Augustine(pty:dft), Attorney Glen H. Waldman added to party Alejandro Castro(pty:dft), Attorney Glen H. Waldman added to party Alexander Evans(pty:dft). (Attachments: #1 Exhibit Signed Consent) (Waldman, Glen)
January 16, 2021 Filing 293 Unopposed MOTION to Submit a Consolidated Response Not to Exceed 40 Pages to the United Defendants' Motions to Dismiss re #283 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law, #250 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law, #267 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law, #248 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
January 14, 2021 Filing 292 MOTION for Extension of Time To File Motion for Final Default Judgment re 261 Order,,,,,, by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 1/28/2021 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
January 14, 2021 Filing 291 PAPERLESS NOTICE of ZOOM STATUS CONFERENCE HEARING /b>: Status Conference is hereby set for Tuesday, 1/19/2021, at 01:00 PM in Fort Pierce Division before Judge Aileen M. Cannon. Zoom link and information will be emailed to all parties of record. To better manage the orderly progress of the case, the parties should be prepared to discuss concrete ways to streamline and consolidate responsive motions and subsequent filings, including by grouping responsive motions and adopting by reference arguments raised by other movants. (mno)
January 7, 2021 Filing 290 STIPULATION and [Proposed] Joint Scheduling Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Kubicz, P Jan)
January 4, 2021 Opinion or Order Filing 289 CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Alicia M. Otazo-Reyes added. Magistrate Judge Chris M. McAliley no longer assigned to case. Signed by Magistrate Judge Chris M. McAliley on 1/4/2021. See attached document for full details. (ebz)
December 31, 2020 Filing 288 STIPULATION re 135 Order,,, #27 Order,, Temporary Restraining Order, and [Proposed] Order Extending Temporary Restraining Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Kubicz, P Jan)
December 30, 2020 Filing 287 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Alliance Medical Center, Inc. (Petruzzi, Paul)
December 30, 2020 Filing 286 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Alled Health Organization, Inc. (Shaw-Wilder, Detra)
December 30, 2020 Filing 285 NOTICE of Striking #277 Notice (Other) filed by Alliance Medical Center, Inc. by Alliance Medical Center, Inc. (Petruzzi, Paul)
December 30, 2020 Opinion or Order Filing 284 ORDER OF REASSIGNMENT to Judge Aileen M. Cannon for all further proceeding. Judge Kathleen M. Williams no longer assigned to case. Signed by Judge Kathleen M. Williams on 12/30/2020. See attached document for full details. (vjk)
December 30, 2020 Filing 283 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law by Roman Shekhet. Responses due by 1/13/2021 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
December 30, 2020 Filing 281 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Priority Health Medical Center, Inc. (Trontz, David)
December 29, 2020 Filing 282 Clerks Notice to Filer re #277 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz)
December 29, 2020 Filing 280 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Florimed Medical Center Corp. (Teal, Kyle)
December 29, 2020 Filing 279 NOTICE OF STRIKING ITS INCORRECTLY FILED CORPORATE DISCLOSURE STATEMENT #274 Notice (Other) filed by Florimed Medical Center Corp. by Florimed Medical Center Corp. (Teal, Kyle) Modified text on 12/30/2020 (ebz).
December 29, 2020 Filing 277 STRICKEN-NOTICE by Alliance Medical Center, Inc. of Filing Corporate Disclosure Statement (Petruzzi, Paul)Text Modified on 12/31/2020 (mee).Per d.e. #285 .
December 28, 2020 Filing 278 Clerks Notice to Filer re #274 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz)
December 28, 2020 Opinion or Order Filing 276 PAPERLESS ORDER denying as moot #70 Plaintiffs' motion for extension and to conduct the preliminary injunction hearing via zoom. In light of the Court's November 12, 2020 Order #80 , Plaintiffs' motion #70 is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 12/28/2020. (clu)
December 28, 2020 Opinion or Order Filing 275 PAPERLESS ORDER granting #4 Plaintiffs' motion to file the memorandum of law in support of the expedited motions for a Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order [3-1] in excess of 20 pages. For good cause shown, the motion #4 is GRANTED. Signed by Judge Kathleen M. Williams on 12/28/2020. (clu)
December 28, 2020 Filing 274 STRICKEN NOTICE by Florimed Medical Center Corp. of filing Corporate Disclosure Statement (Teal, Kyle) Modified per DE#279 Notice of Striking on 12/30/2020 (ebz).
December 28, 2020 Filing 273 Corporate Disclosure Statement by Doctors United, Inc. (Bell, Henry)
December 28, 2020 Filing 272 Defendant's Corporate Disclosure Statement by Positive Health Alliance, Inc. (Pruss, Lorenz)
December 28, 2020 Filing 271 Defendant's Corporate Disclosure Statement by Labs4less LLC (Pruss, Lorenz)
December 23, 2020 Opinion or Order Filing 270 PAPERLESS ORDER granting #262 Plaintiffs' unopposed motion for extension. For good cause shown, the motion is GRANTED. By no later than January 22, 2021, Gilead shall respond to the motions to dismiss filed on behalf of United Clinical Laboratory LLC #248 and Kirill Vesselov #250 . By no later than January 22, 2021, Gilead shall respond to any motions to dismiss filed before January 1, 2021 by United Pharmacy LLC, Community Health Medical Center LLC, Mikhail Vesselov, and Roman Shekhet. Signed by Judge Kathleen M. Williams on 12/23/2020. (clu)
December 23, 2020 Filing 269 Clerks Notice of Docket Correction re #268 Order. Scrivener's error - PDF of order not initially attached. PDF Copy of order now attached for counsel. (sk)
December 23, 2020 Opinion or Order Filing 268 ORDER DENYING EXPEDITED DISCOVERY. Motion for expedited discovery DE#236 is DENIED. Defendants motion to seal DE#253 and motion to strike DE#254 are DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 12/23/2020. See attached document for full details. (ebz) (ebz).
December 23, 2020 Filing 267 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law by Mikhail Vesselov. Responses due by 1/6/2021 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
December 23, 2020 Filing 266 Corporate Disclosure Statement by United Pharmacy LLC (Riker, Cheyenne)
December 23, 2020 Filing 265 Corporate Disclosure Statement by United Clinical Laboratory LLC (Riker, Cheyenne)
December 23, 2020 Filing 264 Corporate Disclosure Statement by Community Health Medical Center LLC (Riker, Cheyenne)
December 23, 2020 Filing 263 Clerks Entry of Default as to AJC Medical Group, Inc., John Catano, Jean Charlot per Order Directing Clerk to Enter Default Re: 261 Order. Signed by DEPUTY CLERK on 12/23/2020. (lbc)
December 22, 2020 Filing 262 MOTION for Extension of Time To Respond to the United Defendants' Motions to Dismiss re #250 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law, #248 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Responses due by 1/5/2021 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
December 22, 2020 Opinion or Order Filing 261 PAPERLESS ORDER Directing Clerk to Enter Default. On December 7, 2020, Plaintiffs filed proof of service reflecting service on Defendants AJC Medical Group, Inc., John Catano, and Jean Charlot on November 10, 2020, November 16, 2020, and November 10, 2020, respectively. #230 , #231 , #232 . As such, Defendants were required to respond to the Complaint by December 1, 2020, December 7, 2020, and December 1, 2020, respectively. To date, Defendants have not appeared or filed a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendants AJC Medical Group, Inc., John Catano, and Jean Charlot.On or before January 18, 2021, Plaintiffs shall file a motion for final default judgment against AJC Medical Group, Inc., John Catano, and Jean Charlot and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiffs' entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 12/22/2020. (clu)
December 22, 2020 Filing 260 CLERK'S NOTICE of Compliance by Unsealing #254 pursuant to 257 Order (nc)
December 22, 2020 Filing 259 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney David Andrew Joseph re #258 Notice of Change of Address, Email or Law Firm Name. Attorney David Andrew Joseph has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
December 21, 2020 Filing 258 NOTICE of Change of Address, Email or Law Firm Name by David Andrew Joseph (Joseph, David)
December 21, 2020 Opinion or Order Filing 257 PAPERLESS ORDER granting [ECF No. 255] Motion to Unseal [ECF No. 254] Motion to Strike Witness Declaration. Defendants Doctors United Group, Inc., Augustine Carbon and Khadijah Carbon filed the Motion to Strike under seal in error. Given that there is no basis to shield the Motion from the public record, the Clerk of Court is DIRECTED to UNSEAL ECF No. 254, Motion to Strike Witness Declaration. Signed by Magistrate Judge Chris M. McAliley on 12/21/2020. (nsy)
December 21, 2020 Filing 256 REPLY to Response to Motion re #236 MOTION for Order to Show Cause for Expedited Discovery From The Doctors United Defendants Regarding Violations of TRO filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Kubicz, P Jan)
December 21, 2020 Filing 255 MOTION unsealing the motion to strike at ECF 254 by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. (Attachments: #1 Text of Proposed Order)(Bell, Henry)
December 21, 2020 Filing 254 MOTION to Strike Witness Declaration by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. (Attachments: #1 Affidavit Affidavit of Javier Yanes) (Bell, Henry) Modified by Unsealing Document per 257 Paperless Order on 12/22/2020 (nc).
December 21, 2020 Filing 253 MOTION to Seal Defendants' Motion to Strike Witness Declaration per Local Rule 5.4 by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. (Attachments: #1 Text of Proposed Order) (Bell, Henry)
December 18, 2020 Filing 252 RESPONSE in Opposition re #236 MOTION for Order to Show Cause for Expedited Discovery From The Doctors United Defendants Regarding Violations of TRO filed by Jennifer John Carbon. Replies due by 12/28/2020. (Howard, David)
December 18, 2020 Filing 251 RESPONSE in Opposition re #236 MOTION for Order to Show Cause for Expedited Discovery From The Doctors United Defendants Regarding Violations of TRO filed by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. Replies due by 12/28/2020. (Attachments: #1 Exhibit Declaration of J.D. Yanes, #2 Exhibit Declaration of A. Carbon)(Bell, Henry)
December 18, 2020 Filing 250 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law by Kirill Vesselov. Responses due by 1/4/2021 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
December 15, 2020 Filing 249 NOTICE of Compliance by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce re #88 Order on Motion for Preliminary Injunction, (Felder, Ulysses)
December 15, 2020 Filing 248 MOTION to Dismiss #1 Complaint, and Supporting Memorandum of Law by United Clinical Laboratory LLC. Responses due by 12/29/2020 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
December 15, 2020 SYSTEM ENTRY - Docket Entry 247 [misc] restricted/sealed until further notice. (1391049)
December 14, 2020 Opinion or Order Filing 246 ORDER granting #238 Motion to Seal. Signed by Magistrate Judge Chris M. McAliley on 12/14/2020. See attached document for full details. (nsy)
December 14, 2020 Opinion or Order Filing 245 PAPERLESS ORDER granting #243 Motion to Adopt/Join. Signed by Magistrate Judge Chris M. McAliley on 12/14/2020. (nsy)
December 14, 2020 Filing 244 REPLY to Response to Motion re #238 MOTION to Seal per Local Rule 5.4 filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Kubicz, P Jan)
December 11, 2020 Filing 243 MOTION to Adopt/Join #242 Response in Opposition to Motion by Jennifer John Carbon. (Howard, David)
December 11, 2020 Filing 242 RESPONSE in Opposition re #238 MOTION to Seal per Local Rule 5.4 filed by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. Replies due by 12/18/2020. (Bell, Henry)
December 9, 2020 Filing 241 NOTICE of Attorney Appearance by Eric Samuel Kay on behalf of A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Attorney Eric Samuel Kay added to party A Better You Wellness Center, LLC(pty:dft), Attorney Eric Samuel Kay added to party Alled Health Organization, Inc.(pty:dft), Attorney Eric Samuel Kay added to party Myriam Augustine(pty:dft), Attorney Eric Samuel Kay added to party Alejandro Castro(pty:dft), Attorney Eric Samuel Kay added to party Alexander Evans(pty:dft). (Kay, Eric)
December 9, 2020 Set/Reset Deadline as to #236 MOTION for Order to Show Cause for Expedited Discovery From The Doctors United Defendants Regarding Violations of TRO. Responses due by 12/18/2020. SEE DE 239 ORDER (ail)
December 8, 2020 Opinion or Order Filing 240 PAPERLESS ORDER REQUIRING RESPONSE to [ECF No. 238] Plaintiffs' Motion to File Under Seal. Defendants Doctors United Inc., Augustine Carbon, Khadijah Carbon, and Jennifer Carbon shall respond to the Motion [ECF No. 238] NO LATER THAN December 11, 2020. Signed by Magistrate Judge Chris M. McAliley on 12/8/2020. (nsy)
December 8, 2020 Opinion or Order Filing 239 PAPERLESS ORDER REQUIRING RESPONSE TO #236 Plaintiffs' motion for expedited discovery from the Doctors United Defendants. Defendants Doctors United Inc., Augustine Carbon, Khadijah Carbon, and Jennifer Carbon shall respond to the motion #236 by no later than December 18, 2020 at 5:00 PM. Signed by Judge Kathleen M. Williams on 12/8/2020. (clu)
December 7, 2020 Filing 238 MOTION to Seal per Local Rule 5.4 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order) (Kubicz, P Jan)
December 7, 2020 Filing 237 AFFIDAVIT signed by: Joshua Kipnees re #236 MOTION for Order to Show Cause for Expedited Discovery From The Doctors United Defendants Regarding Violations of TRO by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3 (Redacted), #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11)(Kubicz, P Jan)
December 7, 2020 Filing 236 MOTION for Order to Show Cause for Expedited Discovery From The Doctors United Defendants Regarding Violations of TRO by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
December 7, 2020 Filing 235 CERTIFICATE OF SERVICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Served on Jean Charlot (Kubicz, P Jan)
December 7, 2020 Filing 234 CERTIFICATE OF SERVICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Served on John Catano (Kubicz, P Jan)
December 7, 2020 Filing 233 CERTIFICATE OF SERVICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #27 Order,, Temporary Restraining Order, Served on AJC Medical Group, Inc. (Kubicz, P Jan)
December 7, 2020 Filing 232 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. Jean Charlot served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
December 7, 2020 Filing 231 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. John Catano served on 11/16/2020, answer due 12/7/2020. (Kubicz, P Jan)
December 7, 2020 Filing 230 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. AJC Medical Group, Inc served on 11/10/2020, answer due 12/1/2020. (Kubicz, P Jan)
December 7, 2020 Opinion or Order Filing 229 PAPERLESS ORDER STRIKING #227 affidavit regarding service upon defaulting defendants. As noted in 228 the Clerk's Notice to Filer, [227-1] the returns of service for Defendants AJC Medical Group, Inc., John Catano, and Jean Charlot were incorrectly filed. Returns of service must be filed separately for each defendant. Signed by Judge Kathleen M. Williams on 12/7/2020. (clu)
December 3, 2020 Filing 228 Clerks Notice to Filer re #227 Affidavit. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The Filer must File the Returns of Service separately. (ebz)
December 3, 2020 Filing 227 STRICKEN per DE 229 AFFIDAVIT Regarding Service Upon Defaulting Defendants signed by: Geoffrey Potter by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kubicz, P Jan) Text Modified on 12/7/2020 (cbr).
December 3, 2020 Opinion or Order Filing 226 STIPULATION AND EXPEDITED DISCOVERY ORDER as to Well Care Defendants. Signed by Magistrate Judge Chris M. McAliley on 12/3/2020. See attached document for full details. (nsy)
December 3, 2020 Opinion or Order Filing 225 ORDER granting #224 Plaintiffs' Notice of Stipulation and Motion for Entry of Agreed Expedited Discovery Order. Signed by Magistrate Judge Chris M. McAliley on 12/3/2020. See attached document for full details. (nsy)
December 2, 2020 Filing 224 MOTION for Entry of Agreed Expedited Discovery Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and Proposed Expedited Discovery Order, #2 Text of Proposed Order)(Kubicz, P Jan)
December 1, 2020 Filing 223 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Preliminary Injunction Hearing held on 12/1/2020. Counsel of Record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
December 1, 2020 Opinion or Order Filing 222 ORDER granting #219 Motion for Substitution of Counsel. Attorney Kenneth Ray Noble, III added. Attorney David Alan Rothstein representing Garcia, Shajuandrine (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 12/1/2020. See attached document for full details. (nsy)
December 1, 2020 Opinion or Order Filing 221 PAPERLESS ORDER. Pending before the Court is an Agreed Motion for Enlargement of Time to Respond to Complaint filed by Defendants Well Care, LLC, Willie Peacock and Shajuandrine Garcia, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 218). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 218), is GRANTED. Defendants Well Care, LLC, Willie Peacock and Shajuandrine Garcia shall respond to the Complaint NO LATER THAN February 1, 2021. Signed by Magistrate Judge Chris M. McAliley on 12/1/2020. (nsy)
December 1, 2020 Filing 220 NOTICE of filing Retrieved Medications by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce (Felder, Ulysses)
December 1, 2020 Filing 219 STIPULATED MOTION for Substitution of Counsel. Substituting Kenneth Ray Noble, III for David A. Rothstein, Lorenz Michel Pruss by Shajuandrine Garcia. Responses due by 12/15/2020 (Attachments: #1 Text of Proposed Order)(Noble, Kenneth)
December 1, 2020 Filing 218 Unopposed MOTION for Extension of Time TO RESPOND TO COMPLAINT re #1 Complaint, by Shajuandrine Garcia, Willie Peacock, Well Care LLC. Responses due by 12/15/2020 (Noble, Kenneth)
November 30, 2020 Opinion or Order Filing 217 PAPERLESS ORDER. Pending before the Court is an Unopposed Motion for Enlargement of Time to Respond to Complaint filed by Defendants 3rd Step Recovery Group, Inc. d/b/a Continental Wellness Center, Chenara Andreson, Maria Freeman, Barbara Gibson and Michael Pierce, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 215). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 215), is GRANTED. Defendants 3rd Step Recovery Group, Inc. d/b/a Continental Wellness Center, Chenara Andreson, Maria Freeman, Barbara Gibson and Michael Pierce shall respond to the Complaint NO LATER THAN January 29, 2021. Signed by Magistrate Judge Chris M. McAliley on 11/30/2020. (nsy)
November 30, 2020 Opinion or Order Filing 216 ORDER granting #156 Motion to Withdraw as Attorney. Lorenz Michel Pruss representing Louissaint, Cassandra (Defendant); Attorney David Alan Rothstein representing Louissaint, Cassandra (Defendant) withdrawn from case. Deadline to obtain new counsel 12/31/2020. Signed by Magistrate Judge Chris M. McAliley on 11/30/2020. See attached document for full details. (nsy)
November 30, 2020 Filing 215 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. (Felder, Ulysses)
November 30, 2020 Filing 214 NOTICE OF WITHDRAWAL OF MOTION by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #180 Joint MOTION for Protective Order filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC (Kubicz, P Jan)
November 30, 2020 Filing 213 NOTICE OF WITHDRAWAL OF MOTION by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #179 Joint MOTION for Protective Order filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC (Kubicz, P Jan)
November 30, 2020 Opinion or Order Filing 212 PRELIMINARY INJUNCTION ORDER. Plaintiffs' motion for preliminary injunction is GRANTED as to Doctors United Group, Augustine Carbon, Jennifer Carbon, Khadijah Carbon, Tamara Alonso, Priority Health Medical Center, Inc., Nick Myrtil, Well Care LLC, Willie Peacock, Shajuandrine Garcia, Florimed Medical Center Corp., Dr. Tomas Wharton, Alliance Medical Center, Jean Alexandre, Michael Poitevein, Jean Rodney, and Tamara Alonso. Signed by Judge Kathleen M. Williams on 11/30/2020. See attached document for full details. (clu)
November 30, 2020 Opinion or Order Filing 211 ORDER GRANTING #185 Plaintiffs' motion for entry of agreed expedited discovery order as to Positive Health Alliance, Inc., Andre Kerr, Barbara Bryant, Shonta Darden, Jesula Gabo, Gary Kogan, Cora Mann, Erik Joseph Pavao, Kerline Joseph, and Dmitri Shaposhnikov. Signed by Judge Kathleen M. Williams on 11/30/2020. See attached document for full details. (clu)
November 30, 2020 Opinion or Order Filing 210 ORDER Adopting #207 Stipulation and Proposed Order for Preliminary Injunction as to Labs4Less. Signed by Judge Kathleen M. Williams on 11/30/2020. See attached document for full details. (clu)
November 30, 2020 Opinion or Order Filing 209 HIPAA AND CONFIDENTIALITY ORDER. Signed by Judge Kathleen M. Williams on 11/30/2020. See attached document for full details. (clu)
November 30, 2020 Opinion or Order Filing 208 ORDER granting #168 Motion for Substitution of Counsel. Attorney Orlando do Campo added. Attorney Christine M King representing Alonso, Tamara (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 11/30/2020. See attached document for full details. (nsy)
November 30, 2020 Filing 207 STIPULATION and [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION re 206 Order,,,, Administrative Order,,, #136 Order to Show Cause by Labs4less LLC (Pruss, Lorenz) Modified text on 11/30/2020 (ebz).
November 29, 2020 Opinion or Order Filing 206 PAPERLESS ORDER. This matter is before the Court sua sponte. A review of the record indicates that 48 out of the 57 defendants do not oppose the entry of a preliminary injunction and 5 defendants have consented to the extension of the #27 Temporary Restraining Order until January 21, 2021. The remaining defendants--AJC Medical Group, Inc., Labs4Less, John Catano, and Jean Charlot--have not appeared in the case or indicated whether they object to the entry of a preliminary injunction. The sole focus for tomorrow's preliminary injunction hearing will be whether a preliminary injunction should be entered against AJC Medical Group, Inc., Labs4Less, John Catano, and Jean Carlot. Accordingly, the other defendants are not required to appear for the hearing. Signed by Judge Kathleen M. Williams on 11/29/2020. (clu)
November 28, 2020 Opinion or Order Filing 205 PAPERLESS ORDER granting #178 Alliance Medical Center and Jean Alexandre's unopposed motion for extension. Defendants shall respond to the Complaint by no later than January 22, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 204 PAPERLESS ORDER granting #177 Michael Poitevien's unopposed motion for extension. Defendant shall respond to the Complaint by no later than January 22, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 203 PAPERLESS ORDER granting #176 United Clinical Laboratory LLC, United Pharmacy LLC, Community Health Medical Center LLC, Kirill Vesselov, Mikhail Vesselov, and Roman Shekhet's unopposed motion for extension. Defendants shall respond to the Complaint by no later than January 26, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 202 PAPERLESS ORDER granting #175 Juan Jesus Salina, M.D. Corp. and Juan Jesus Salina's unopposed motion for extension. Juan Jesus Salina, M.D. Corp. and Juan Jesus Salina shall respond to the Complaint by no later than January 26, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 201 PAPERLESS ORDER granting #170 Florimed Medical Center Corp. and Dr. Tomas Wharton's unopposed motion for extension. Florimed Medical Center Corp. and Dr. Tomas Wharton shall respond to the Complaint by no later than January 26, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 200 PAPERLESS ORDER granting #169 Motion to Adopt/Join. Defendant Tamara Alonso shall respond to the Complaint by later than January 22, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 199 PAPERLESS ORDER granting #167 Priority Health Medical Center, Inc. and Nick Myrtil's motion for extension to respond to the Complaint. Defendants Priority Health Medical Center, Inc. and Nick Myrtil shall respond to the Complaint by no later than January 22, 2021. Signed by Judge Kathleen M. Williams on 11/28/2020. (clu)
November 28, 2020 Opinion or Order Filing 198 ORDER granting #184 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to Viergela Joseph. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 197 ORDER granting #183 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to Cassandra Louissaint. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 196 ORDER Adopting #155 Stipulation and Proposed Order for Preliminary Injunction as to Juan Jesus Salina M.D. Corp and Juan Jesus Salina. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 195 ORDER Adopting #147 Stipulation and Proposed Order for Preliminary Injunction as to Dimitry Shapshnikov. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 194 ORDER Adopting #142 Stipulation and Proposed Order for Preliminary Injunction as to Andre Kerr. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 193 ORDER Adopting #140 Stipulation and Proposed Order for Preliminary Injunction as to Kerline Joseph. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 192 ORDER Adopting [137-6] Stipulation and Proposed Order for Preliminary Injunction as to Shonta Darden. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 191 ORDER Adopting [137-5] Stipulation and Proposed Order for Preliminary Injunction as to Jesula Gabo. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 190 ORDER Adopting [137-4] Stipulation and Proposed Order for Preliminary Injunction as to Gary Kogan. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 189 ORDER Adopting [137-3] Stipulation and Proposed Order for Preliminary Injunction as to Erik Pavao. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 188 ORDER Adopting [137-2] stipulation and proposed order for preliminary injunction as to Cora Mann. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 28, 2020 Opinion or Order Filing 187 ORDER adopting [137-1] stipulation and proposed order for preliminary injunction as to Barbara Bryant. Signed by Judge Kathleen M. Williams on 11/28/2020. See attached document for full details. (clu)
November 26, 2020 Filing 186 Amended RESPONSE to 72 MOTION for Preliminary Injunction, #88 Order on Motion for Preliminary Injunction, by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. (Felder, Ulysses)
November 25, 2020 Filing 185 MOTION for Entry of Agreed Expedited Discovery Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Expedited Discovery Order, #2 Text of Proposed Order)(Kubicz, P Jan)
November 25, 2020 Filing 184 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A (Stipulation and [Proposed] Order for Preliminary Injunction), #2 Text of Proposed Order)(Kubicz, P Jan)
November 25, 2020 Filing 183 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A (Stipulation and [Proposed] Order for Preliminary Injunction), #2 Text of Proposed Order)(Kubicz, P Jan)
November 25, 2020 Filing 182 NOTICE of Attorney Appearance by Simon Michael Lassel on behalf of Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. Attorney Simon Michael Lassel added to party Barbara Bryant(pty:dft), Attorney Simon Michael Lassel added to party Shonta Darden(pty:dft), Attorney Simon Michael Lassel added to party Jesula Gabo(pty:dft), Attorney Simon Michael Lassel added to party Kerline Joseph(pty:dft), Attorney Simon Michael Lassel added to party Andre Kerr(pty:dft), Attorney Simon Michael Lassel added to party Gary Kogan(pty:dft), Attorney Simon Michael Lassel added to party Cora Mann(pty:dft), Attorney Simon Michael Lassel added to party Erik Joseph Pavao(pty:dft), Attorney Simon Michael Lassel added to party Positive Health Alliance, Inc.(pty:dft), Attorney Simon Michael Lassel added to party Dimitry Shaposhnikov(pty:dft). (Lassel, Simon)
November 25, 2020 Filing 181 NOTICE of Attorney Appearance by David Andrew Joseph on behalf of Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. Attorney David Andrew Joseph added to party Barbara Bryant(pty:dft), Attorney David Andrew Joseph added to party Shonta Darden(pty:dft), Attorney David Andrew Joseph added to party Jesula Gabo(pty:dft), Attorney David Andrew Joseph added to party Kerline Joseph(pty:dft), Attorney David Andrew Joseph added to party Andre Kerr(pty:dft), Attorney David Andrew Joseph added to party Gary Kogan(pty:dft), Attorney David Andrew Joseph added to party Cora Mann(pty:dft), Attorney David Andrew Joseph added to party Erik Joseph Pavao(pty:dft), Attorney David Andrew Joseph added to party Positive Health Alliance, Inc.(pty:dft), Attorney David Andrew Joseph added to party Dimitry Shaposhnikov(pty:dft). (Joseph, David)
November 25, 2020 Filing 180 Joint MOTION for Protective Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 25, 2020 Filing 179 Joint MOTION for Protective Order by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 25, 2020 Filing 178 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Jean Alexandre, Alliance Medical Center, Inc.. (Petruzzi, Paul)
November 25, 2020 Filing 177 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Michel Poitevien. (Cariglio, Gennaro)
November 25, 2020 Filing 176 Unopposed MOTION for Extension of Time to Respond to Complaint by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 12/9/2020 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
November 25, 2020 Filing 175 Unopposed MOTION for Extension of Time Extension of Time to Respond to Complaint by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina. Responses due by 12/9/2020 (Attachments: #1 Text of Proposed Order)(Leyton, Daniel)
November 25, 2020 Filing 174 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order (Attachments: #1 Exhibit Plaintiffs' PowerPoint Presentation) (Kubicz, P Jan)
November 25, 2020 Filing 173 AFFIDAVIT in Support re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Kubicz, P Jan)
November 25, 2020 Filing 172 AFFIDAVIT in Support re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10)(Kubicz, P Jan)
November 25, 2020 Filing 171 REPLY to Response to Motion re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A)(Kubicz, P Jan)
November 24, 2020 Filing 170 MOTION for Extension of Time to Respond to Complaint by Florimed Medical Center Corp., Tomas Wharton. Responses due by 12/8/2020 (Teal, Kyle)
November 24, 2020 Filing 169 MOTION to Adopt/Join #128 Response to Motion, #141 MOTION for Extension of Time to File Response/Reply/Answer by Tamara Alonso. (do Campo, Orlando)
November 24, 2020 Filing 168 STIPULATED MOTION for Substitution of Counsel. Substituting Orlando do Campo for Christine King by Tamara Alonso. Attorney Orlando do Campo added to party Tamara Alonso(pty:dft). Responses due by 12/8/2020 (Attachments: #1 Text of Proposed Order)(do Campo, Orlando)
November 24, 2020 Filing 167 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Nick Myrtil, Priority Health Medical Center, Inc.. (Attachments: #1 Text of Proposed Order GRANTING PRIORTY HEALTH & MYRTIL's Unopposed Motion for Extension of Time to File Response to Complaint)(Trontz, David)
November 24, 2020 Opinion or Order Filing 166 PAPERLESS ORDER. Pending before the Court is an Agreed Motion for Enlargement of Time to Respond to Complaint filed by Defendant Jean Rodney, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 165). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 165), is GRANTED. Defendant Jean Rodney shall respond to the Complaint NO LATER THAN January 22, 2021. Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Filing 165 Agreed MOTION for Extension of Time to File Response/Reply/Answer by Jean Rodney. (Moss, Reginald)
November 24, 2020 Opinion or Order Filing 164 PAPERLESS ORDER. Pending before the Court is an Unopposed Motion for Enlargement of Time to Respond to Complaint filed by Defendant Jennifer John Carbon, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 158). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 158), is GRANTED. Defendant Jennifer John Carbon shall respond to the Complaint NO LATER THAN January 22, 2021. Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Filing 163 RESPONSE to #88 Order on Motion for Preliminary Injunction, by 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. (Felder, Ulysses)
November 24, 2020 Opinion or Order Filing 162 PAPERLESS ORDER. Pending before the Court is an Agreed Motion for Enlargement of Time to Respond to Complaint filed by Defendants Allied Health Organization, Inc., A Better You Wellness Center, LLC, Alejandro Castro, Dr. Alexander Evans and Myriam Augustine, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 154). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 154), is GRANTED. Defendants Allied Health Organization, Inc., A Better You Wellness Center, LLC, Alejandro Castro, Dr. Alexander Evans and Myriam Augustine shall respond to the Complaint NO LATER THAN January 22, 2021. Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Opinion or Order Filing 161 PAPERLESS ORDER granting (ECF No. 151) Stipulated Motion for Substitution of Counsel. Gennaro Cariglio, Jr., Esq. shall be substituted for Paul D. Petruzzi, Esq. as counsel of record for Defendant Michael Poitevien. Paul D. Petruzzi, Esq. shall have no further responsibility in this action. Attorney Gennaro Cariglio, Jr., Esq. added. Attorney Paul Domenic Petruzzi representing Poitevien, Michel (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Filing 158 Unopposed MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by Jennifer John Carbon. Responses due by 12/8/2020 (Attachments: #1 Text of Proposed Order)(Howard, David)
November 24, 2020 Filing 157 RESPONSE to Motion re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Jean Rodney. Replies due by 12/1/2020. (Moss, Reginald)
November 24, 2020 Filing 156 Unopposed MOTION to Withdraw as Attorney by Attorneys David Rothstein and Lorenz Pruss for / by Cassandra Louissaint. Attorney Lorenz Michel Pruss added to party Cassandra Louissaint(pty:dft). Responses due by 12/8/2020 (Attachments: #1 Text of Proposed Order Exhibit A - Text of Proposed Order)(Pruss, Lorenz)
November 24, 2020 Filing 155 STIPULATION to Covert TRO to PI by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina (Leyton, Daniel)
November 24, 2020 Filing 154 Agreed MOTION for Extension of Time to Respond to the Complaint re #1 Complaint, by A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Responses due by 12/8/2020 (Attachments: #1 Text of Proposed Order)(Shaw-Wilder, Detra)
November 24, 2020 Filing 153 RESPONSE to Motion re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Michel Poitevien. Replies due by 12/1/2020. (Cariglio, Gennaro)
November 24, 2020 Filing 152 RESPONSE to Motion re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Jean Alexandre, Alliance Medical Center, Inc.. Replies due by 12/1/2020. (Petruzzi, Paul)
November 24, 2020 Filing 151 STIPULATED MOTION for Substitution of Counsel. Substituting Gennaro Cariglio Jr. for Paul Petruzzi by Michel Poitevien. Attorney Gennaro Cariglio, Jr added to party Michel Poitevien(pty:dft). Responses due by 12/8/2020 (Cariglio, Gennaro)
November 24, 2020 Filing 150 NOTICE by Florimed Medical Center Corp., Tomas Wharton re #55 Response in Opposition to Motion, Defendants' Withdraw of Objection to Plaintiffs' Request to Convert Temporary Restraining Order to Preliminary Injunction (Teal, Kyle)
November 24, 2020 Filing 149 NOTICE of Attorney Appearance by Araizu Sheila Oretsky on behalf of Florimed Medical Center Corp., Tomas Wharton. Attorney Araizu Sheila Oretsky added to party Florimed Medical Center Corp.(pty:dft), Attorney Araizu Sheila Oretsky added to party Tomas Wharton(pty:dft). (Oretsky, Araizu)
November 24, 2020 Opinion or Order Filing 148 PAPERLESS ORDER granting (ECF No. 145) Stipulated Motion for Substitution of Counsel. Reginald (Tony) Moss, Esq. shall be substituted for Paul D. Petruzzi, Esq. as counsel of record for Defendant Jean Rodney. Paul D. Petruzzi, Esq. shall have no further responsibility in this action. Attorney Reginald (Tony) Moss, Esq. added. Attorney Paul Domenic Petruzzi representing Rodney, Jean (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Filing 147 STIPULATION re #80 Order,, Set/Reset Hearings, #136 Order to Show Cause, #1 Complaint, by Dimitry Shaposhnikov (Rothstein, David)
November 24, 2020 Opinion or Order Filing 146 PAPERLESS ORDER. Pending before the Court is an Unopposed Motion for Enlargement of Time to Respond to Complaint filed by Defendants Augustine Carbon, Khadijah Carbon and Doctors United, Inc. d/b/a Doctors United Group, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 141). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 141), is GRANTED. Defendants Augustine Carbon, Khadijah Carbon and Doctors United, Inc. d/b/a Doctors United Group shall respond to the Complaint NO LATER THAN January 22, 2021. Signed by Magistrate Judge Chris M. McAliley (nsy)
November 24, 2020 Filing 145 Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Reginald (Tony) Moss, Jr. for Paul Petruzzi by Jean Rodney. Attorney Reginald Anthony Moss, Jr added to party Jean Rodney(pty:dft). Responses due by 12/8/2020 (Moss, Reginald)
November 24, 2020 Opinion or Order Filing 144 PAPERLESS ORDER. Pending before the Court is an Unopposed Motion for Enlargement of Time to Respond to Complaint filed by Defendants Testing Matters, Inc., Physician Preferred Pharmacy, Inc., Michael Bogdan and Twiggi Batista, which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 139). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Motion for Extension of Time (ECF No. 139), is GRANTED. Defendants Testing Matters, Inc., Physician Preferred Pharmacy, Inc., Michael Bogdan and Twiggi Batista shall respond to the Complaint NO LATER THAN January 22, 2021. Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Opinion or Order Filing 143 PAPERLESS ORDER. Pending before the Court is an Unopposed Motion for Enlargement of Time to Respond to Complaint filed by Defendants Positive Health Alliance, Inc., Barbara Bryant, Dimitry Shaposhnikov, Erik Joseph Pavao, Gary Kogan, Cassandra Louissaint, Cora Mann, Kerline Joseph, Andre Kerr, Shonta Darden and Jesula Gabo (collectively, the "Positive Health Defendants"), which the Honorable Kathleen M. Williams referred to me. (ECF Nos. 28, 138). Having reviewed the Motion, the pertinent portions of the record and the applicable law, and noting that Plaintiffs do not oppose the relief sought, the Court finds good cause for the requested extension of time. Accordingly, the Positive Health Defendants' Motion for Extension of Time (ECF No. 138), is GRANTED. The Positive Health Defendants shall respond to the Complaint NO LATER THAN January 22, 2021. Responses due by 1/22/2021 Signed by Magistrate Judge Chris M. McAliley on 11/24/2020. (nsy)
November 24, 2020 Filing 142 STIPULATION re #80 Order,, Set/Reset Hearings, #136 Order to Show Cause, #1 Complaint, by Andre Kerr (Rothstein, David)
November 24, 2020 Filing 141 MOTION for Extension of Time to File Response/Reply/Answer by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. (Attachments: #1 Text of Proposed Order)(Bell, Henry)
November 23, 2020 Filing 160 Clerks Notice to Filer re #137 Notice (Other),, 159 Response to Order to Show Cause. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ebz)
November 23, 2020 Filing 159 RESPONSE TO MOTION ORDER TO SHOW CAUSE by Shonta Darden, Jesula Gabo, Gary Kogan, Cora Mann, Erik Joseph Pavao, Barbara Bryant. See DE#137 for image. (ebz)
November 23, 2020 Filing 140 STIPULATION re #80 Order,, Set/Reset Hearings, #136 Order to Show Cause, #1 Complaint, by Kerline Joseph (Pruss, Lorenz)
November 23, 2020 Filing 139 First MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Twiggi Batista. Attorney Robyn Lynn Sztyndor added to party Twiggi Batista(pty:dft). (Attachments: #1 Exhibit Proposed Order Granting Motion for Enlargement of Time to Respond to Complaint)(Sztyndor, Robyn)
November 23, 2020 Filing 138 Unopposed MOTION for Extension of Time To Respond to Complaint re #1 Complaint, by Barbara Bryant, Shonta Darden, Jesula Gabo, Kerline Joseph, Andre Kerr, Gary Kogan, Cassandra Louissaint, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. Responses due by 12/7/2020 (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Rothstein, David)
November 23, 2020 Filing 137 NOTICE OF FILING STIPULATIONS AND [PROPOSED] ORDER FOR PRELIMINARY INJUNCTION by Barbara Bryant, Shonta Darden, Jesula Gabo, Gary Kogan, Cora Mann, Erik Joseph Pavao re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order, #80 Order,, Set/Reset Hearings, #136 Order to Show Cause (Attachments: #1 Exhibit Stipulation - Barbara Bryant, #2 Exhibit Stipulation - Cora Mann, #3 Exhibit Stipulation - Erik Joseph Pavao, #4 Exhibit Stipulation - Gary Kogan, #5 Exhibit Stipulation - Jesula Gabo, #6 Exhibit Stipulation - Shonta Darden) (Rothstein, David) Modified text on 11/24/2020 (ebz).
November 23, 2020 Opinion or Order Filing 136 ORDER TO SHOW CAUSE. Show Cause Response due by 11/24/2020 at 5:00 pm. Signed by Judge Kathleen M. Williams on 11/23/2020. See attached document for full details. (mc)
November 23, 2020 Opinion or Order Filing 135 PAPERLESS ORDER. This matter is before the Court on the Amended Stipulation and Proposed Order Extending Temporary Restraining Order between Plaintiffs and Defendants Allied Health Organization Inc., A Better You Wellness, Myriam Augustine, Alejandro Castro, and Alexander Evans #102 . The Amended Stipulation, which corrected a typographical error on page 3 of the original stipulation #75 , is APPROVED and ADOPTED as an Order of the Court. Accordingly, the Temporary Restraining Order #27 is extended until January 21, 2021 as to Defendants Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine, Alejandro Castro, and Alexander Evans. Signed by Judge Kathleen M. Williams on 11/23/2020. (clu)
November 23, 2020 Opinion or Order Filing 134 PAPERLESS ORDER GRANTING #131 Defendant Jennifer John Carbon's motion to adopt. Signed by Judge Kathleen M. Williams on 11/23/2020. (clu)
November 23, 2020 Opinion or Order Filing 133 PAPERLESS ORDER GRANTING Defendant Tamara Alonso's motion for extension to obtain counsel and to respond to Plaintiffs' motion for preliminary injunction #130 . Tamara Alonso shall obtain counsel and respond to Plaintiffs' motion for preliminary injunction by no later than November 25, 2020. Signed by Judge Kathleen M. Williams on 11/23/2020. (clu)
November 23, 2020 Opinion or Order Filing 132 PAPERLESS ORDER. This Matter is before the Court on Plaintiff's notice of voluntary dismissal of its claims against Defendant Ifeoma Nwofor #125 . Upon a review of the notice #125 and the record, it is ORDERED AND ADJUDGED that Plaintiff's claims against Defendant Nwofor are DISMISSED. Signed by Judge Kathleen M. Williams on 11/23/2020. (clu)
November 20, 2020 Filing 131 MOTION to Adopt/Join #128 Response to Motion, by Jennifer John Carbon. (Attachments: #1 Text of Proposed Order)(Howard, David)
November 20, 2020 Filing 130 Second MOTION for Extension of Time seeking counsel by Tamara Alonso. Responses due by 12/4/2020 (Attachments: #1 Text of Proposed Order)(King, Christine)
November 20, 2020 Filing 129 First MOTION for Extension of Time seeking counsel re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order by Tamara Alonso. Responses due by 12/4/2020 (King, Christine)
November 20, 2020 Filing 128 RESPONSE to Motion re #27 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order and #80 ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND RESCHEDULING PRELIMINARY INJUNCTION HEARING filed by Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. Replies due by 11/30/2020. (Bell, Henry) Modified document link on 11/23/2020 (ebz).
November 20, 2020 Filing 127 RESPONSE to Motion re #27 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order and #80 ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND RESCHEDULING PRELIMINARY INJUNCTION HEARING filed by Nick Myrtil, Priority Health Medical Center, Inc.. Replies due by 11/30/2020. (Trontz, David) Modified document link on 11/23/2020 (ebz).
November 20, 2020 Filing 126 NOTICE of Attorney Appearance by David Marc Trontz on behalf of Nick Myrtil, Priority Health Medical Center, Inc.. Attorney David Marc Trontz added to party Nick Myrtil(pty:dft), Attorney David Marc Trontz added to party Priority Health Medical Center, Inc.(pty:dft). (Trontz, David)
November 20, 2020 Filing 125 NOTICE of Voluntary Dismissal Without Prejudice as to Defendant Ifeoma Nwofor by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Kubicz, P Jan)
November 20, 2020 Opinion or Order Filing 124 ORDER granting #115 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stephanie Halsted. Signed by Magistrate Judge Chris M. McAliley on 11/20/2020. See attached document for full details. (nsy)
November 20, 2020 Filing 123 NOTICE of Filing Certification for Stephanie Halsted by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov re #115 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie Halsted. Filing Fee $ 200.00 Receipt # AFLSDC-13896875 (Attachments: #1 Certification) (Riker, Cheyenne)
November 20, 2020 Filing 122 NOTICE of Filing Certification of Belinda Johnson-Hurtado by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov re #114 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Belinda Johnson-Hurtado. Filing Fee $ 200.00 Receipt # AFLSDC-13895968 (Attachments: #1 Certification) (Riker, Cheyenne)
November 20, 2020 Opinion or Order Filing 121 ORDER granting #120 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lonnie D. Johnson. Signed by Magistrate Judge Chris M. McAliley on 11/20/2020. See attached document for full details. (nsy)
November 20, 2020 Filing 120 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lonnie D. Johnson. Pay.gov Agency Tracking ID FLSDC-13896719. Filing Fee $ 200.00 by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 12/4/2020 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
November 20, 2020 Opinion or Order Filing 118 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, Attorney Christine M. King representing Carbon, Khadijah (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 11/19/2020. See attached document for full details. (jas)
November 20, 2020 Opinion or Order Filing 117 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, Attorney Christine M. King representing Carbon, Augustine (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 11/19/2020. See attached document for full details. (jas)
November 19, 2020 Opinion or Order Filing 119 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, Attorney Christine M. King representing Doctors United, Inc. (Defendant) terminated. Signed by Magistrate Judge Chris M. McAliley on 11/19/2020. See attached document for full details. (jas)
November 19, 2020 Opinion or Order Filing 116 ORDER granting #114 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Belinda Johnson-Hurtado. Signed by Magistrate Judge Chris M. McAliley on 11/19/2020. See attached document for full details. (nsy)
November 19, 2020 Filing 115 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephanie Halsted. Filing Fee $ 200.00 Receipt # AFLSDC-13896875 by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 12/3/2020 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
November 19, 2020 Filing 114 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Belinda Johnson-Hurtado. Filing Fee $ 200.00 Receipt # AFLSDC-13895968 by Community Health Medical Center LLC, Roman Shekhet, United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Responses due by 12/3/2020 (Attachments: #1 Text of Proposed Order)(Riker, Cheyenne)
November 19, 2020 Filing 113 Clerks Notice of Filing Fee refunded to Franklin G. Monsour in the amount of $400.00 on 11/19/2020 re 10 Clerks Notice of Reimbursement of Overpayment of Filing Fee (mua)
November 19, 2020 Filing 112 NOTICE of Attorney Appearance by Javier Angel Reyes on behalf of Augustine Carbon, Khadijah Carbon, Doctors United, Inc.. Attorney Javier Angel Reyes added to party Augustine Carbon(pty:dft), Attorney Javier Angel Reyes added to party Khadijah Carbon(pty:dft), Attorney Javier Angel Reyes added to party Doctors United, Inc. (pty:dft). (Reyes, Javier)
November 17, 2020 Filing 111 Clerks Notice to Filer re #108 Notice/Stipulation of Substitution of Counsel, #109 Notice/Stipulation of Substitution of Counsel, #110 Notice/Stipulation of Substitution of Counsel,. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas)
November 17, 2020 Filing 110 Motion for Substitution of Counsel by Henry Philip Bell on behalf of Doctors United, Inc. instead of prior counsel of record Christine M. King. . Attorney Henry Philip Bell added to party Doctors United, Inc. (pty:dft). (Attachments: #1 Text of Proposed Order) (Bell, Henry) Modified to add Motion for Substitution of Counsel on 11/17/2020 (jas).
November 17, 2020 Filing 109 Motion for Substitution of Counsel by Henry Philip Bell on behalf of Khadijah Carbon instead of prior counsel of record Christine M. King. . Attorney Henry Philip Bell added to party Khadijah Carbon(pty:dft). (Attachments: #1 Text of Proposed Order) (Bell, Henry) Modified to add Motion for Substitution of Counsel on 11/17/2020 (jas).
November 17, 2020 Filing 108 Motion for Substitution of Counsel by Henry Philip Bell on behalf of Augustine Carbon instead of prior counsel of record Christine M. King. . Attorney Henry Philip Bell added to party Augustine Carbon(pty:dft). (Attachments: #1 Text of Proposed Order) (Bell, Henry) Modified to add Motion for Substitution of Counsel on 11/17/2020 (jas).
November 17, 2020 Filing 107 NOTICE of Attorney Appearance by Cheyenne Nathaniel Riker on behalf of Roman Shekhet. Attorney Cheyenne Nathaniel Riker added to party Roman Shekhet(pty:dft). (Riker, Cheyenne)
November 17, 2020 Filing 106 NOTICE of Attorney Appearance by Cheyenne Nathaniel Riker on behalf of Community Health Medical Center LLC. Attorney Cheyenne Nathaniel Riker added to party Community Health Medical Center LLC(pty:dft). (Riker, Cheyenne)
November 17, 2020 Filing 105 NOTICE of Attorney Appearance by Cheyenne Nathaniel Riker on behalf of United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov. Attorney Cheyenne Nathaniel Riker added to party United Clinical Laboratory LLC(pty:dft), Attorney Cheyenne Nathaniel Riker added to party United Pharmacy LLC(pty:dft), Attorney Cheyenne Nathaniel Riker added to party Kirill Vesselov(pty:dft), Attorney Cheyenne Nathaniel Riker added to party Mikhail Vesselov(pty:dft). (Riker, Cheyenne)
November 16, 2020 Filing 104 NOTICE of Attorney Appearance by Ulysses L Felder on behalf of 3rd Step Recovery Group, Inc., Chenara Anderson, Maria Freeman, Barbara Gibson, Michael Pierce. Attorney Ulysses L Felder added to party 3rd Step Recovery Group, Inc. (pty:dft), Attorney Ulysses L Felder added to party Chenara Anderson(pty:dft), Attorney Ulysses L Felder added to party Maria Freeman(pty:dft), Attorney Ulysses L Felder added to party Barbara Gibson(pty:dft), Attorney Ulysses L Felder added to party Michael Pierce(pty:dft). (Felder, Ulysses)
November 16, 2020 Filing 103 NOTICE of Attorney Appearance by David Alan Rothstein on behalf of Barbara Bryant, Shonta Darden, Jesula Gabo, Shajuandrine Garcia, Kerline Joseph, Andre Kerr, Gary Kogan, Cassandra Louissaint, Cora Mann, Erik Joseph Pavao, Positive Health Alliance, Inc., Dimitry Shaposhnikov. Attorney David Alan Rothstein added to party Barbara Bryant(pty:dft), Attorney David Alan Rothstein added to party Shonta Darden(pty:dft), Attorney David Alan Rothstein added to party Jesula Gabo(pty:dft), Attorney David Alan Rothstein added to party Shajuandrine Garcia(pty:dft), Attorney David Alan Rothstein added to party Kerline Joseph(pty:dft), Attorney David Alan Rothstein added to party Andre Kerr(pty:dft), Attorney David Alan Rothstein added to party Gary Kogan(pty:dft), Attorney David Alan Rothstein added to party Cassandra Louissaint(pty:dft), Attorney David Alan Rothstein added to party Cora Mann(pty:dft), Attorney David Alan Rothstein added to party Erik Joseph Pavao(pty:dft), Attorney David Alan Rothstein added to party Positive Health Alliance, Inc.(pty:dft), Attorney David Alan Rothstein added to party Dimitry Shaposhnikov(pty:dft). (Rothstein, David)
November 16, 2020 Filing 102 STIPULATION re #27 Order,, Temporary Restraining Order, (Amended) and [Proposed] Order Extending Temporary Restraining Order by A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans (Shaw-Wilder, Detra)
November 14, 2020 Filing 101 NOTICE of Attorney Appearance by Robyn Lynn Sztyndor on behalf of Michael Bogdan. Attorney Robyn Lynn Sztyndor added to party Michael Bogdan(pty:dft). (Sztyndor, Robyn)
November 13, 2020 Filing 100 NOTICE of Attorney Appearance by Paul Domenic Petruzzi on behalf of Jean Alexandre, Alliance Medical Center, Inc., Michel Poitevien, Jean Rodney. Attorney Paul Domenic Petruzzi added to party Jean Alexandre(pty:dft), Attorney Paul Domenic Petruzzi added to party Alliance Medical Center, Inc.(pty:dft), Attorney Paul Domenic Petruzzi added to party Michel Poitevien(pty:dft), Attorney Paul Domenic Petruzzi added to party Jean Rodney(pty:dft). (Petruzzi, Paul)
November 13, 2020 Filing 99 NOTICE of Attorney Appearance by David Adrian Howard on behalf of Jennifer John Carbon. Attorney David Adrian Howard added to party Jennifer John Carbon(pty:dft). (Howard, David)
November 13, 2020 Opinion or Order Filing 98 ORDER granting #87 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to Baikal Marketing Group, Inc., Arsen Bazylenko, and Tatiana Rozenblyum. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 97 ORDER granting #86 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to United Pharmacy, LLC. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 96 ORDER granting #85 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to United Clinical Laboratory LLC. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 95 ORDER granting #84 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to Roman Shekhet. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 94 ORDER granting #82 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to Kirill Vesselov. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 93 ORDER granting #83 Plaintiffs' Motion for Entry of Agreed Preliminary Injunction as to Mikhail Vesselov. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 92 ORDER Granting #81 Plaintiffs' Motion for Entry of Stipulated Preliminary Injunction as to Community Health Medical Center, LLC. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 91 ORDER Adopting #75 Stipulation and Proposed Order Extending Temporary Restraining Order as to Allied Health Organization, Inc., A Better You Wellness Center, LLC, Myriam Augustine, Alejandro Castro, and Alexander Evans. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 90 ORDER granting 79 Plaintiffs' motion for entry of agreed preliminary injunction as to Physician Preferred Pharmacy Inc., Testing Matters Inc., Twiggi Batista, and Michael Bogdan. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 89 Order adopting stipulated preliminary injunction as to Positive Health Alliance, Inc. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Opinion or Order Filing 88 ORDER granting 72 Plaintiff's Motion for Entry of Agreed Preliminary Injunction as to 3rd Step Recovery Group, Chenara Anderson, Maria Freeman, Barbara Gibson, and Michael Pierce. Signed by Judge Kathleen M. Williams on 11/13/2020. See attached document for full details. (clu)
November 13, 2020 Filing 87 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 13, 2020 Filing 86 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 13, 2020 Filing 85 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 13, 2020 Filing 84 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 13, 2020 Filing 83 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 13, 2020 Filing 82 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 13, 2020 Filing 81 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order)(Kubicz, P Jan)
November 12, 2020 Opinion or Order Filing 80 ORDER EXTENDING TEMPORARY RESTRAINING ORDER AND RESCHEDULING PRELIMINARY INJUNCTION HEARING. The preliminary injunction hearing scheduled for November 16, 2020 at 10:00 AM is RESCHEDULED to November 30, 2020 at 10:00 AM. Signed by Judge Kathleen M. Williams on 11/12/2020. See attached document for full details. (clu)
November 12, 2020 Filing 78 Clerks Notice to Filer re #69 Notice (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (mc)
November 12, 2020 Filing 77 RESPONSE TO ORDER TO SHOW CAUSE re #27 Order,, Temporary Restraining Order, by Shajuandrine Garcia, Willie Peacock, Well Care LLC. (Noble, Kenneth)
November 12, 2020 Filing 76 NOTICE of Attorney Appearance by Kenneth Ray Noble, III on behalf of Shajuandrine Garcia, Willie Peacock, Well Care LLC. Attorney Kenneth Ray Noble, III added to party Shajuandrine Garcia(pty:dft), Attorney Kenneth Ray Noble, III added to party Willie Peacock(pty:dft), Attorney Kenneth Ray Noble, III added to party Well Care LLC(pty:dft). (Noble, Kenneth)
November 12, 2020 Filing 75 STIPULATION and [Proposed] Order Extending Temporary Restraining Order by A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans (Shaw-Wilder, Detra)
November 12, 2020 Opinion or Order Filing 74 PAPERLESS ORDER granting #73 Florimed Medical Center Corp. and Tomas Wharton's unopposed motion for extension nunc pro tunc. The declaration of Tomas Wharton [63-1] shall be deemed timely filed. Signed by Judge Kathleen M. Williams on 11/12/2020. (clu)
November 12, 2020 Filing 73 MOTION for Extension of Time In Support of Response in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction Nunc Pro Tunc re #63 Notice (Other), by Florimed Medical Center Corp., Tomas Wharton. Responses due by 11/30/2020 (Teal, Kyle)
November 12, 2020 Filing 71 Clerks Notice to Filer re #48 Notice (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (mc)
November 11, 2020 Filing 79 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (See DE #69 for image) (mc)
November 11, 2020 Filing 70 MOTION for Extension of Time to File Response/Reply/Answer , MOTION Hold Preliminary Injunction Hearing Via Zoom by Gilead Sciences Ireland UC, Gilead Sciences, Inc.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 11, 2020 Filing 69 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. Notice of Stipulation and Motion for Entry of Agreed Preliminary Injunction (Attachments: #1 Exhibit Exhibit A - Stipulation and [Proposed] Order for Preliminary Injunction, #2 Text of Proposed Order Exhibit B - Proposed Order) (Kubicz, P Jan) Modified to add missing event DE 79 Motion for Entry of Agreed Preliminary Injunctions on 11/12/2020 (mc).
November 11, 2020 Filing 68 NOTICE of Attorney Appearance by Mindy Y. Kubs on behalf of A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Attorney Mindy Y. Kubs added to party A Better You Wellness Center, LLC(pty:dft), Attorney Mindy Y. Kubs added to party Alled Health Organization, Inc.(pty:dft), Attorney Mindy Y. Kubs added to party Myriam Augustine(pty:dft), Attorney Mindy Y. Kubs added to party Alejandro Castro(pty:dft), Attorney Mindy Y. Kubs added to party Alexander Evans(pty:dft). (Kubs, Mindy)
November 11, 2020 Filing 67 NOTICE of Attorney Appearance by Javier Asis Lopez on behalf of A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Attorney Javier Asis Lopez added to party A Better You Wellness Center, LLC(pty:dft), Attorney Javier Asis Lopez added to party Alled Health Organization, Inc.(pty:dft), Attorney Javier Asis Lopez added to party Myriam Augustine(pty:dft), Attorney Javier Asis Lopez added to party Alejandro Castro(pty:dft), Attorney Javier Asis Lopez added to party Alexander Evans(pty:dft). (Lopez, Javier)
November 11, 2020 Filing 66 NOTICE of Attorney Appearance by Detra Shaw-Wilder on behalf of A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans (Shaw-Wilder, Detra)
November 11, 2020 Filing 65 STIPULATION re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order, #27 Order,, Temporary Restraining Order, by Positive Health Alliance, Inc. (Pruss, Lorenz)
November 11, 2020 Opinion or Order Filing 64 PAPERLESS ORDER granting #62 Defendants' motion for extension. Defendants Allied Health Organization, Inc, A Better You Wellness Center, LLC, Alejandro Castro, Dr. Alexander Evans, and Myriam Augustine shall respond to the motion for preliminary injunction by no later than November 12, 2020 at 12:00 PM. Signed by Judge Kathleen M. Williams on 11/11/2020. (clu)
November 11, 2020 Filing 63 NOTICE by Florimed Medical Center Corp., Tomas Wharton re #55 Response in Opposition to Motion, (Attachments: #1 Exhibit A to Dr. Wharton's Response in Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction) (Teal, Kyle)
November 11, 2020 Filing 62 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #27 Order,, Temporary Restraining Order, by A Better You Wellness Center, LLC, Alled Health Organization, Inc., Myriam Augustine, Alejandro Castro, Alexander Evans. Attorney Detra Shaw-Wilder added to party A Better You Wellness Center, LLC(pty:dft), Attorney Detra Shaw-Wilder added to party Alled Health Organization, Inc.(pty:dft), Attorney Detra Shaw-Wilder added to party Myriam Augustine(pty:dft), Attorney Detra Shaw-Wilder added to party Alejandro Castro(pty:dft), Attorney Detra Shaw-Wilder added to party Alexander Evans(pty:dft). (Shaw-Wilder, Detra)
November 11, 2020 Filing 61 RESPONSE TO ORDER TO SHOW CAUSE re #27 Order,, Temporary Restraining Order, by Ifeoma Nwofor. (Belleh, Owei)
November 11, 2020 Filing 60 NOTICE of Attorney Appearance by Christine M King on behalf of Tamara Alonso. Attorney Christine M King added to party Tamara Alonso(pty:dft). (King, Christine)
November 11, 2020 Filing 59 NOTICE of Attorney Appearance by Christine M King on behalf of Juan Jesus Salina. Attorney Christine M King added to party Juan Jesus Salina(pty:dft). (King, Christine)
November 11, 2020 Filing 58 NOTICE of Attorney Appearance by Christine M King on behalf of Khadijah Carbon. Attorney Christine M King added to party Khadijah Carbon(pty:dft). (King, Christine)
November 11, 2020 Filing 57 NOTICE of Attorney Appearance by Christine M King on behalf of Jennifer John Carbon. Attorney Christine M King added to party Jennifer John Carbon(pty:dft). (King, Christine)
November 11, 2020 Filing 56 NOTICE of Attorney Appearance by Christine M King on behalf of Augustine Carbon. Attorney Christine M King added to party Augustine Carbon(pty:dft). (King, Christine)
November 11, 2020 Filing 55 RESPONSE in Opposition re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Florimed Medical Center Corp., Tomas Wharton. Replies due by 11/18/2020. (Teal, Kyle)
November 11, 2020 Filing 54 NOTICE of Attorney Appearance by Christine M King on behalf of Doctors United, Inc.. Attorney Christine M King added to party Doctors United, Inc. (pty:dft). (King, Christine)
November 11, 2020 Filing 53 NOTICE of Attorney Appearance by Owei Belleh on behalf of Ifeoma Nwofor. Attorney Owei Belleh added to party Ifeoma Nwofor(pty:dft). (Belleh, Owei)
November 11, 2020 Filing 52 RESPONSE to Motion re #3 Motion for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Discovery Order,Motion for HIPPA Protective Order and Confidentiality Order filed by Juan Jesus Salina, M.D. Corp., Juan Jesus Salina. Attorney Daniel Loren Leyton added to party Juan Jesus Salina, M.D. Corp.(pty:dft), Attorney Daniel Loren Leyton added to party Juan Jesus Salina(pty:dft). Replies due by 11/18/2020. (Leyton, Daniel)
November 10, 2020 Filing 72 MOTION for Entry of Agreed Preliminary Injunction by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (See DE #48 for image) (mc)
November 10, 2020 Filing 51 NOTICE of Attorney Appearance by Kyle Brandon Teal on behalf of Florimed Medical Center Corp., Tomas Wharton. Attorney Kyle Brandon Teal added to party Florimed Medical Center Corp.(pty:dft), Attorney Kyle Brandon Teal added to party Tomas Wharton(pty:dft). (Teal, Kyle)
November 10, 2020 Filing 49 CERTIFICATE OF SERVICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Kubicz, P Jan)
November 10, 2020 Filing 48 NOTICE by Gilead Sciences Ireland UC, Gilead Sciences, Inc. Notice of Stipulation and Motion for Entry of Agreed Preliminary Injunction (Attachments: #1 Exhibit Exhibit A - Stipulation and Proposed Order for Preliminary Injunction, #2 Text of Proposed Order Exhibit B - Proposed Order) (Kubicz, P Jan) Modified to add missing event DE 72 Motion for Entry of Agreed Preliminary Injunction on 11/12/2020 (mc).
November 9, 2020 Opinion or Order Filing 47 PAPERLESS ORDER. This matter is before the Court on Plaintiffs' motion for expedited discovery. "Discovery is normally barred prior to Rule 26(f) conference." Fed. Trade Comm'n v. On Point Glob. LLC, 2020 WL 32996, at *1 (S.D. Fla. Jan. 2, 2020). However, courts in the Eleventh Circuit employ a "good cause" standard when confronted with an expedited discovery request. Id. "In determining whether good cause exists, the court should weigh the need for quick discovery against the prejudice to the responding party." Id.Upon a review of the record and applicable case law, the Court concludes that Plaintiffs have not met the standard for good cause. In light of the breadth of discovery sought in a limited timeframe, the requested discovery will likely impose a substantial burden on Defendants, who have not yet appeared in this case. Moreover, Plaintiffs have failed to show that they will be irreparably harmed if the requested discovery is delayed until after the Rule 26(f) conference. See GE Seaco Servs., Ltd. v. Interline Connection, N.V., 2010 WL 1027408, at *1 (S.D. Fla. Mar. 18, 2010) (noting that "good cause may be established by showing 'some impelling urgency which necessitates action forthwith.'") (citation omitted). Accordingly, Plaintiffs' motion for expedited discovery is DENIED. In addition, to date, Plaintiffs have not filed proof of service of the complaint #1 , any of their pleadings, or the Temporary Restraining Order #27 on Defendants. Plaintiffs are reminded that they must comply with Fed. R. Civ. P. Rule 65(a)(1)'s procedural notice requirement, which states that "[t]he court may issue a preliminary injunction only on notice to the adverse party." Signed by Judge Kathleen M. Williams on 11/9/2020. (clu)
November 6, 2020 Filing 50 NOTICE of Filing Bond by Gilead Sciences Ireland UC, Gilead Sciences, Inc. (pes)
November 5, 2020 Filing 46 Summons Issued as to 3rd Step Recovery Group, Inc., A Better You Wellness Center, LLC, AJC Medical Group, Inc, Jean Alexandre, Alled Health Organization, Inc., Alliance Medical Center, Inc., Tamara Alonso, Chenara Anderson, Myriam Augustine, Baikal Marketing Group, Inc., Twiggi Batista, Arsen Bazylenko, Michael Bogdan, Barbara Bryant, Augustine Carbon, Jennifer John Carbon, Khadijah Carbon, Alejandro Castro, John Catano, Jean Charlot, Community Health Medical Center LLC, Shonta Darden, Doctors United, Inc., Alexander Evans, Florimed Medical Center Corp., Maria Freeman, Jesula Gabo, Shajuandrine Garcia, Barbara Gibson, Kerline Joseph, Viergela Joseph, Juan Jesus Salina, M.D. Corp., Andre Kerr, Gary Kogan, Labs4less LLC, Cassandra Louissaint, Cora Mann, Nick Myrtil, Ifeoma Nwofor, Erik Joseph Pavao, Willie Peacock, Physician Preferred Pharmacy, Inc., Michael Pierce, Michel Poitevien, Positive Health Alliance, Inc., Priority Health Medical Center, Inc., Jean Rodney, Tatiana Rozenblyum, Juan Jesus Salina, Dimitry Shaposhnikov, Roman Shekhet, Testing Matters Inc., United Clinical Laboratory LLC, United Pharmacy LLC, Kirill Vesselov, Mikhail Vesselov, Well Care LLC, Tomas Wharton. (jas)
November 4, 2020 Filing 44 NOTICE of Filing Proposed Summons(es) by Gilead Sciences Ireland UC, Gilead Sciences, Inc. re #1 Complaint, filed by Gilead Sciences, Inc., Gilead Sciences Ireland UC (Kubicz, P Jan)
November 4, 2020 Opinion or Order Filing 43 ORDER granting #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Timothy Waters. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 42 ORDER granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney R. James Madigan III. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 41 ORDER granting #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jonah Knobler. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 40 AMENDED ORDER re #34 Order on Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 39 AMENDED ORDER re #33 Order on Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 38 AMENDED ORDER re #32 Order on Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 37 AMENDED ORDER re #31 Order on Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 36 AMENDED ORDER re #30 Order on Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 35 AMENDED ORDER re #29 Order on Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 34 ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joshua Kipnees. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 33 ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Devon Hercher. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 32 ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jacob I. Chefitz. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 31 ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jared Buszin. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 30 ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Geoffrey Potter. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 29 ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Franklin Monsour. Signed by Magistrate Judge Chris M. McAliley on 11/4/2020. See attached document for full details. (nsy)
November 4, 2020 Opinion or Order Filing 28 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. Magistrate Judge Chris M. McAliley for Discovery Matters. Signed by Judge Kathleen M. Williams on 11/4/2020. See attached document for full details. (ebz)
November 4, 2020 Set/Reset Hearings. Preliminary Injunction Hearing set for 11/16/2020 10:00 AM in Miami Division before Judge Kathleen M. Williams. (clu)
November 3, 2020 Filing 45 Clerks Notice to Filer re: Electronic Case. Alias Not Added for 3rd Step Recovery Group, Inc., Doctors United, Inc.. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (jas)
November 3, 2020 Opinion or Order Filing 27 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION. A telephonic show cause hearing on Plaintiff's motion for preliminary injunction is SET for November 16, 2020 at 10:00AM. The Court will provide dial-in instructions at a later time. Signed by Judge Kathleen M. Williams on 11/3/2020. See attached document for full details. (clu)
November 3, 2020 Filing 26 CERTIFICATE of Counsel Certificate of Notice by P Jan Kubicz on behalf of GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Kubicz, P Jan)
November 3, 2020 Filing 25 Statement of: Rule 7.1 Corporate Disclosure Statement by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Kubicz, P Jan)
November 3, 2020 Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy Waters. Filing Fee $ 200.00 Receipt # AFLSDC-13809919 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for R. James Madigan III. Filing Fee $ 200.00 Receipt # AFLSDC-13809915 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonah Knobler. Filing Fee $ 200.00 Receipt # AFLSDC-13809909 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua Kipnees. Filing Fee $ 200.00 Receipt # AFLSDC-13809903 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Devon Hercher. Filing Fee $ 200.00 Receipt # AFLSDC-13809895 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jacob Chefitz. Filing Fee $ 200.00 Receipt # AFLSDC-13809892 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jared Buszin. Filing Fee $ 200.00 Receipt # AFLSDC-13809882 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 17 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Alled Health Organization, Inc., Baikal Marketing Group, Inc., A Better You Wellness Center, LLC, 3rd Step Recovery Group, Inc. D/B/A/ Continental Wellness Center, Community Health Medical Center LLC, Doctors United, Inc. D/B/A Doctors United Group, Florimed Medical Center Corp., Juan Jesus Salina, M.D. Corp., Labs4less LLC, Physician Preferred Pharmacy, Inc., Positive Health Alliance, Inc., Priority Health Medical Center, Inc., Testing Matters Inc., United Clinical Laboratory LLC, United Pharmacy LLC, Well Care LLC, Tamara Alonso, Jean Alexandre, Chenara Anderson, Myriam Augustine, Twiggi Batista, Arsen Bazylenko, Michael Bogdan, Barbara Bryant, Augustine Carbon, Jennifer John Carbon, Khadijah Carbon, Alejandro Castro, John Catano, Jean Charlot, Shonta Darden, Alexander Evans, Maria Freeman, Jesula Gabo, Shajuandrine Garcia, Barbara Gibson, Kerline Joseph, Viergela Joseph, Andre Kerr, Gary Kogan, Cassandra Louissaint, Cora Mann, Nick Myrtil, Ifeoma Nwofor, Erik Joseph Pavao, Willie Peacock, Michael Pierce, Michel Poitevien, Jean Rodney, Tatiana Rozenblyum, Juan Jesus Salina, Dimitry Shaposhnikov, Roman Shekhet, Kirill Vesselov, Mikhail Vesselov and Tomas Wharton. (Kubicz, P Jan)
November 3, 2020 Filing 16 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jc)
November 3, 2020 Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Geoffrey Potter. Filing Fee $ 200.00 Receipt # AFLSDC-13809122 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Franklin Monsour. Filing Fee $ 200.00 Receipt # AFLSDC-13808975 by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. Responses due by 11/17/2020 (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 13 AFFIDAVIT signed by: Gretchen Stroud re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Attachments: #1 Exhibit Exhibit 1)(Kubicz, P Jan)
November 3, 2020 Filing 12 AFFIDAVIT signed by: Annette Sabastiani re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Attachments: #1 Exhibit Exhibit 1)(Kubicz, P Jan)
November 3, 2020 Filing 11 AFFIDAVIT signed by: Donna Quan re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Kubicz, P Jan)
November 3, 2020 Filing 10 Clerks Notice of Reimbursement of Overpayment of Filing Fee. The Clerk will refund $400.00, receipt #AFLSDC-13806917, re #1 COMPLAINT against AJC Medical Group, Inc et al., dated 11/03/2020. (jc)
November 3, 2020 Filing 9 AFFIDAVIT signed by: Geoffrey Potter re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kubicz, P Jan)
November 3, 2020 Filing 8 AFFIDAVIT signed by: Carey Nakamura re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kubicz, P Jan)
November 3, 2020 Filing 7 AFFIDAVIT signed by: Emilio Garcia by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40, #41 Exhibit Exhibit 41, #42 Exhibit Exhibit 42, #43 Exhibit Exhibit 43, #44 Exhibit Exhibit 44, #45 Exhibit Exhibit 45, #46 Exhibit Exhibit 46, #47 Exhibit Exhibit 47, #48 Exhibit Exhibit 48, #49 Exhibit Exhibit 49, #50 Exhibit Exhibit 50, #51 Exhibit Exhibit 51, #52 Exhibit Exhibit 52, #53 Exhibit Exhibit 53, #54 Exhibit Exhibit 54, #55 Exhibit Exhibit 55, #56 Exhibit Exhibit 56, #57 Exhibit Exhibit 57, #58 Exhibit Exhibit 58, #59 Exhibit Exhibit 59, #60 Exhibit Exhibit 60, #61 Exhibit Exhibit 61, #62 Exhibit Exhibit 62, #63 Exhibit Exhibit 63)(Kubicz, P Jan)
November 3, 2020 Filing 6 AFFIDAVIT signed by: Joel Gallant re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Kubicz, P Jan)
November 3, 2020 Filing 5 AFFIDAVIT signed by: John G. DeVitto re #3 EXPEDITED MOTION Temporary Restraining Order and Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC. (Kubicz, P Jan)
November 3, 2020 Filing 4 MOTION for Leave to File Excess Pages by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. (Attachments: #1 Text of Proposed Order)(Kubicz, P Jan)
November 3, 2020 Filing 3 EXPEDITED MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, Expedited Discovery Order, and HIPAA Protective and Confidentiality Order #7 Affidavit Declaration of Emilio Garcia by GILEAD SCIENCES IRELAND UC, GILEAD SCIENCES, INC.. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Text of Proposed Order, #4 Text of Proposed Order)(Kubicz, P Jan) Text/Link
November 3, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (jc)
November 3, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13808068, filed by GILEAD SCIENCES, INC., GILEAD SCIENCES IRELAND UC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet)(Kubicz, P Jan)

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Search for this case: Gilead Sciences, Inc. et al v. AJC Medical Group, Inc et al
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Defendant: Cassandra Louissaint
Represented By: David Alan Rothstein
Represented By: Lorenz Michel Pruss
Represented By: Bruce Howard Vanderlaan
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Defendant: Shonta Darden
Represented By: David Alan Rothstein
Represented By: David Andrew Joseph
Represented By: Simon Michael Lassel
Represented By: Lorenz Michel Pruss
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Defendant: Jennifer John Carbon
Represented By: Christine M King
Represented By: David Adrian Howard
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Defendant: Shajuandrine Garcia
Represented By: David Alan Rothstein
Represented By: Kenneth Ray Noble, III
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Defendant: Labs4less LLC
Represented By: Lorenz Michel Pruss
Represented By: David Alan Rothstein
Represented By: Cheyenne Nathaniel Riker
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Defendant: Jean Rodney
Represented By: Paul Domenic Petruzzi
Represented By: Reginald Anthony Moss, Jr.
Represented By: Marian Grace Kennady
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Defendant: Juan Jesus Salina
Represented By: Christine M King
Represented By: Daniel Loren Leyton
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Defendant: Alled Health Organization, Inc.
Represented By: Eric Samuel Kay
Represented By: Detra Shaw-Wilder
Represented By: Mindy Y. Kubs
Represented By: Javier Asis Lopez
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Defendant: Physician Preferred Pharmacy, Inc.
Represented By: Crane Allerton Johnstone
Represented By: Robyn Lynn Sztyndor
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Defendant: Michel Poitevien
Represented By: Paul Domenic Petruzzi
Represented By: Gennaro Cariglio, Jr
Represented By: Marian Grace Kennady
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