North Shore Medical Center, Inc. et al v. Cigna Health and Life Insurance Company
| North Shore Medical Center, Inc., St. Mary's Medical Center, Inc., Lifemark Hospitals of Florida, Inc. doing business as Palmetto General Hospital, West Boca Medical Center, Inc., Delray Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc. doing business as Palm Beach Gardens Medical Center and Good Samaritan Medical Center, Inc. |
| Cigna Health and Life Insurance Company |
| 1:2020cv24914 |
| December 1, 2020 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 249
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation of Voluntary Dismissal Without Prejudice. #248 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 7/5/2023. (rhr)
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| Filing 248 STIPULATION of Dismissal Stipulation of Voluntary Dismissal Without Prejudice by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. (Weintraub, Greg) |
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Filing 247
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Mandate of the United States Court of Appeals for the Eleventh Circuit. #246 . Therein, the Eleventh Circuit vacated the Court's Order granting summary judgment #221 for Defendant. See id. Accordingly, UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties file a Joint Status Report describing how many days they anticipate needing for trial by or before July 10, 2023. Signed by Judge K. Michael Moore on 6/26/2023. (rhr)
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| Set Deadline per DE#247: Joint Status Report due by 7/10/2023. (scn) |
| Filing 246 MANDATE of USCA (certified copy). We VACATE the order awarding summary judgment to Cigna and REMAND the case to the district court for proceedings consistent with this opinion re #223 Notice of Appeal, filed by Good Samaritan Medical Center, Inc., St. Mary's Medical Center, Inc., Pamela I. Perry, West Boca Medical Center, Inc., North Shore Medical Center, Inc., Delray Medical Center, Inc., Lifemark Hospitals of Florida, Inc., Palm Beach Gardens Community Hospital, Inc.; Date Issued: 6/23/2023; USCA Case Number: 22-10514-CC. BILL OF COSTS: Costs are hereby taxed in the amount of $5,093.45 against Appellee and are payable directly to Appellant. (apz) Modified text on 6/23/2023 (apz). |
| Filing 245 Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #223 Notice of Appeal, Appeal No. 22-10514-CC. The entire record on appeal is available electronically. (apz) |
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Filing 244
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #236 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Halle Landsman, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #236 is GRANTED. Halle Landsman, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to hlandsman@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 243
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #235 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Chelsea Cosillos, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #235 is GRANTED. Chelsea Cosillos, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to ccosillos@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 242
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #234 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Richard Diggs, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #234 is GRANTED. Richard Diggs, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to rdiggs@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 241
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #233 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to John J. Song, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #233 is GRANTED. John J. Song, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jsong@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 240
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #232 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Dmitriy Tishyevich, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #232 is GRANTED. Dmitriy Tishyevich, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to dtishyevich@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 239
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #231 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Warren Haskel, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #231 is GRANTED. Warren Haskel, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to whaskel@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 238
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #230 Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Joshua Simon, Esq. of the law firm of McDermott Will & Emery LLP, which was filed to reflect the substitution of Kelly Shami, Esq. as local counsel in place of Audrey Pumariega, Esq. UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Amended Motion #230 is GRANTED. Joshua Simon, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jsimon@mwe.com. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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Filing 237
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's Unopposed Motion for Substitution of Counsel. #229 . Therein, Defendant requests leave to permit Kelly Shami, Esq. of the law firm McDermott Will & Emery LLP to be substituted as counsel of record for Defendant in place of Audrey Pumariega, Esq. Id. at 1. Plaintiffs do not oppose the Motion. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #229 is GRANTED. Kelly Shami, Esq. of the law firm McDermott Will & Emery LLP may appear on behalf of Defendant Cigna Health and Life Insurance Company. The Clerk of Court is INSTRUCTED to ADD Kelly Shami, Esq. of the law firm McDermott Will & Emery LLP as counsel of record for Defendant Cigna Health and Life Insurance Company and TERMINATE Audrey Pumariega, Esq. as counsel of record for Defendant Cigna Health and Life Insurance Company. Signed by Judge K. Michael Moore on 3/3/2022. (elm)
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| Filing 236 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Halle Landsman. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #28 Motion to Appear Pro Hac Vice, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 235 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Chelsea Cosillos. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #97 Motion to Appear Pro Hac Vice, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 234 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard Diggs. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #96 Motion to Appear Pro Hac Vice, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 233 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John J. Song. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #127 Motion to Appear Pro Hac Vice, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 232 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dmitriy Tishyevich. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #6 Motion to Appear Pro Hac Vice, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 231 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Warren Haskel. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #4 Motion to Appear Pro Hac Vice, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 230 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua Simon. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #5 Motion to Appear Pro Hac Vice,, by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 229 Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Kelly Shami for Audrey Pumariega by Cigna Health and Life Insurance Company. Responses due by 3/16/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) |
| Filing 228 NOTICE of Striking #226 Unopposed MOTION to Withdraw as Attorney and Substitute Pro Hac Vice Sponsor by Audrey Pumariega for / filed by Cigna Health and Life Insurance Company by Cigna Health and Life Insurance Company (Shami, Kelly) |
| Filing 227 Clerks Notice to Filer re #226 Motions. Document filed in error. The Filer must File a Notice of Striking, then refile the document. (kpe) Modified text on 3/2/2022 (kpe). |
| Filing 226 (STRICKEN PER DE#228 )Unopposed MOTION to Withdraw Appearance of Attorney Audrey Pumariega and Substitute Pro Hac Vice Sponsor by Audrey Pumariega for / by Cigna Health and Life Insurance Company. Attorney Kelly Shami added to party Cigna Health and Life Insurance Company(pty:dft). Responses due by 3/15/2022 (Attachments: #1 Text of Proposed Order)(Shami, Kelly) Modified text and terminated document on 3/3/2022 (jc). |
| Filing 225 Acknowledgment of Receipt of NOA from USCA re #223 Notice of Appeal, filed by Delray Medical Center, Inc., Lifemark Hospitals of Florida, Inc., Good Samaritan Medical Center, Inc., St. Mary's Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., Pamela I. Perry, West Boca Medical Center, Inc., North Shore Medical Center, Inc.. Date received by USCA: 2/17/22. USCA Case Number: 22-10514-CC. (hh) |
| Filing 224 TRANSCRIPT INFORMATION FORM by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., Pamela I. Perry, St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re #223 Notice of Appeal,,,. No Transcript Requested. (Siegelaub, Jonathan) |
| Transmission of Notice of Appeal, Orders/Judgment under appeal and Docket Sheet to US Court of Appeals re #223 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 223 Notice of Appeal as to #221 Order on Motion for Summary Judgment, #53 Order on Motion to Dismiss for Failure to State a Claim, #222 Judgment,, by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., Pamela I. Perry, St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Filing fee $ 505.00 receipt number AFLSDC-15405635. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Siegelaub, Jonathan) |
| Filing 222 JUDGMENT in favor of Defendant Cigna Health and Life Insurance Company, and against Plaintiffs North Shore Medical Center, Inc., Lifemark Hospitals of Florida, Inc. d/b/a Palmetto General Hospital, Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc. d/b/a Palm Beach Gardens Medical Center, St. Mary's Medical Center, Inc., West Boca Medical Center, Inc., and CGH Hospital, Ltd. d/b/a Coral Gables Hospital. Signed by Judge K. Michael Moore on 1/31/2022. See attached document for full details. (elm) |
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Filing 221
ORDER GRANTING #141 Motion for Summary Judgment. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/13/2022. See attached document for full details. (elm)
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| Filing 220 Notice of Supplemental Authority by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. (Attachments: #1 Exhibit 1) (Weintraub, Greg) |
| Filing 219 NOTICE of Filing Objections To Defendant's Deposition Designations And Plaintiffs' Counter Designations by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. of Filing Deposition Designations and Plaintiffs' Counter Designations (Weintraub, Greg) Modified text on 1/14/2022 (kpe). |
| Filing 218 Unopposed MOTION to Seal the Exhibits to the Pretrial Stipulation per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Unopposed Motion to File Under Seal the Exhibits to the Pretrial Stipulation) (Weintraub, Greg) |
| Filing 217 PRETRIAL STIPULATION by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weintraub, Greg) |
| Filing 216 Defendant's RESPONSE to #208 Notice (Other), #203 Notice (Other), by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A - Defendant's Objections and Counter-Designations, #2 Exhibit B - Defendant's Objections to Plaintiffs' Amended Exhibit List)(Pumariega, Audrey) |
| Filing 215 NOTICE of Attorney Appearance by Justin C. Fineberg on behalf of Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. (Fineberg, Justin) |
| Filing 214 NOTICE of Compliance with Court's December 30, 2021 Order to File Materials Under Seal by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re 202 Order,,,, (Weintraub, Greg) |
| SYSTEM ENTRY - Docket Entry 210 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 209 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 211 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 213 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 212 [misc] restricted/sealed until further notice. (1157634) |
| Filing 208 NOTICE of Filing Plaintiffs' Exhibit List by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. of Filing Plaintiffs' Exhibit List (Attachments: #1 Exhibit Exhibit List (Redacted)) (Pincow, Emily) |
| Filing 207 Unopposed MOTION to Seal Plaintiffs' Exhibit List per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order) (Pincow, Emily) |
| Filing 206 Unopposed MOTION to Seal Portions of Exhibit B to Cigna's Pretrial Disclosures and Incorporated Memorandum of Law per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 205 Exhibit and Witness List Pursuant to Pretrial Disclosures by Cigna Health and Life Insurance Company.. (Attachments: #1 Exhibit A - Defendant's Deposition Designations, #2 Exhibit B - Defendant's Trial Exhibit List)(Pumariega, Audrey) |
| Filing 204 Witness List by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc... (Pincow, Emily) |
| Filing 203 NOTICE by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. of Filing Deposition Designations (Pincow, Emily) |
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Filing 202
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. The Court previously granted Plaintiffs' #183 Unopposed Motion to File Under Seal Portions of Plaintiffs' Reply to Defendant's Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment on Cigna's Affirmative Defenses, Reply in Support of Plaintiffs' Motion for Partial Summary Judgment on Cigna's Affirmative Defenses, Reply in Further Support of Their Motion in Limine to Exclude Certain Evidence and Testimony at Trial, and Reply in Support of Their Motion to Exclude Opinions of Defendant's Experts. See #191 . To date, however, Plaintiffs have not filed those materials under seal. Nor have Plaintiffs filed under seal their Response to Defendant's Statement of Material Facts in Support of Defendant's Motion for Summary Judgment. Accordingly, Plaintiffs are ORDERED to file the remaining materials under seal on or before January 4, 2022. Signed by Judge K. Michael Moore on 12/30/2021. (elm)
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| SYSTEM ENTRY - Docket Entry 199 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 200 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 201 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 194 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 193 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 192 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 195 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 196 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 198 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 197 [misc] restricted/sealed until further notice. (1211412) |
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Filing 191
ORDER GRANTING #183 Motion to Seal. Signed by Judge K. Michael Moore on 12/23/2021. See attached document for full details. (elm)
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Filing 190
ORDER GRANTING #178 Motion to Seal. Signed by Judge K. Michael Moore on 12/23/2021. See attached document for full details. (elm)
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Filing 189
ORDER GRANTING #173 Motion to Seal. Signed by Judge K. Michael Moore on 12/23/2021. See attached document for full details. (elm)
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Filing 188
ORDER GRANTING #169 Motion to Seal. Signed by Judge K. Michael Moore on 12/23/2021. See attached document for full details. (elm)
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| SYSTEM ENTRY - Docket Entry 185 [motion] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 186 [motion] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 187 [misc] restricted/sealed until further notice. (1157634) |
| SYSTEM ENTRY - Docket Entry 184 [motion] restricted/sealed until further notice. (1157634) |
| Filing 183 Unopposed MOTION to Seal portions of Plaintiff's Reply to Defendant's Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment on Cigna's Affirmative Defenses, Reply in Support of Plaintiffs' Motion for Partial Summary Judgment on Cigna's Affirmative Defenses, Reply in Further Support of their Motion in Limine to Exclude Certain Evidence and Testimony at Trial, and Reply in Support of their Motion to Exclude Opinions of Defendant's Experts, and Incorporated Memorandum of Law per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Exhibit A) (Weintraub, Greg) |
| Filing 182 Plaintiff's REPLY in Support of Plaintiffs' Motion for Partial Summary Judgment on Cigna's Affirmative Defenses ECF No. 172] by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
| Filing 181 Plaintiff's REPLY to Response to Motion re #131 Plaintiff's MOTION in Limine to Exclude Certain Evidence and Testimony at Trial and Incorporated Memorandum of Law filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
| Filing 180 Plaintiff's REPLY to Response to Motion re #133 MOTION for Partial Summary Judgment on Cigna's Affirmative Defenses filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
| Filing 179 Plaintiff's REPLY to Response to Motion re #132 Plaintiff's MOTION in Limine To Exclude Opinions of Defendants' Experts filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
| Filing 178 Unopposed MOTION to Seal Portions of Cigna's (1) Reply Statement of Material Facts; (2) Reply in Further Support Motions in Limine; (3) Reply in Further Support of Motion to Exclude the Expert Opinions of Jim Watson and Mario Ramirez; and (4) Exhibits Thereto per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 177 Statement of: Reply to Plaintiffs' Response to Defendant's Statement of Material Facts in Support of Motion for Summary Judgment by Cigna Health and Life Insurance Company re #170 Statement,,,, (Attachments: #1 Exhibit 21 - Patient Itemized Bills (Subject to Motion to File Under Seal))(Pumariega, Audrey) |
| Filing 176 REPLY to Response to Motion re #141 MOTION for Summary Judgment filed by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 175 REPLY to Response to Motion re #139 MOTION in Limine filed by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 174 REPLY to Response to Motion re #140 MOTION in Limine to Exclude the Expert Opinions of Jim Watson and Mario Ramirez filed by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit 14 - Deposition Transcript of James Watson - Vol. II (Subject to Motion to File Under Seal))(Pumariega, Audrey) |
| Filing 173 Unopposed MOTION to Seal (1) Response to Plaintiffs' Motion for Partial Summary Judgment; (2) Response to Plaintiffs' Statement of Undisputed Material Facts; (3) Response to Plaintiffs' Omnibus Motion in Limine; (4) Response to Plaintiffs' Motion to Exclude Opinions of Cigna's Experts; and (5) Exhibits Thereto per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 172 Statement of: Response to Plaintiffs' Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Partial Summary Judgment on Cigna's Affirmative Defenses by Cigna Health and Life Insurance Company re #136 Statement,,, (Attachments: #1 Exhibit 1 - Deposition Transcript of Poom Dolderer - Vol. II (Subject to Motion to File Under Seal), #2 Exhibit 2 - Deposition Transcript of Stuart Rosenthal (Subject to Motion to File Under Seal), #3 Exhibit 3 - Deposition Transcript of Mario Luis Ramirez (Subject to Motion to File Under Seal), #4 Exhibit 4 - Composite Exhibit (CIG_NSMC00094086 - CIG_NSMC00094197) (Subject to Motion to File Under Seal), #5 Exhibit 5 - CIG_NSMC00148832 (Excerpted) (Subject to Motion to File Under Seal), #6 Exhibit 6 - CIG_NSMC00149336 (Excerpted) (Subject to Motion to File Under Seal), #7 Exhibit 7 - CIG_NSMC00000841)(Pumariega, Audrey) |
| Filing 171 RESPONSE in Opposition re #133 MOTION for Partial Summary Judgment on Cigna's Affirmative Defenses filed by Cigna Health and Life Insurance Company. Replies due by 12/8/2021. (Pumariega, Audrey) |
| Filing 170 Statement of: Response to Defendant's Statement of Material Facts in Support of Defendant's Motion for Summary Judgment by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re #142 Statement,,,,,,,, (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, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Weintraub, Greg) |
| Filing 169 Unopposed MOTION to Seal (1) Response to Cigna's Motion for Summary Judgment; (2) Response to Defendant's Statement of Facts; (3) Response to Cigna's Motion in Limine; and (4) Response to Cigna's Motion to Exclude Expert Witnesses per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order) (Pincow, Emily) |
| Filing 168 RESPONSE in Opposition re #141 MOTION for Summary Judgment filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Replies due by 12/8/2021. (Weintraub, Greg) |
| Filing 167 RESPONSE in Opposition re #132 Plaintiff's MOTION in Limine To Exclude Opinions of Defendants' Experts filed by Cigna Health and Life Insurance Company. Replies due by 12/8/2021. (Attachments: #1 Exhibit 1 - Deposition Transcript of Mario Luis Ramirez (Subject to Motion to File Under Seal), #2 Exhibit 2 - July 19, 2019 CMS State Operations Manual, Appendix V, #3 Exhibit 3 - Deposition Transcript of James Watson - Vol. I (Subject to Motion to File Under Seal), #4 Exhibit 4 - Email Correspondence from Counsel for Defendant to Counsel for Plaintiffs (Subject to Motion to File Under Seal), #5 Exhibit 5 - CIG_NSMC00150446 (Subject to Motion to File Under Seal), #6 Exhibit 6 - PLAINTIFFS-228983 (Subject to Motion to File Under Seal), #7 Exhibit 7 - Deposition Transcript of James Watson - Vol. II (Subject to Motion to File Under Seal), #8 Exhibit 8 - PLAINTIFFS-290555 (Watson Ex. 5) (Subject to Motion to File Under Seal))(Pumariega, Audrey) |
| Filing 166 RESPONSE in Opposition re #131 Plaintiff's MOTION in Limine to Exclude Certain Evidence and Testimony at Trial and Incorporated Memorandum of Law filed by Cigna Health and Life Insurance Company. Replies due by 12/8/2021. (Attachments: #1 Exhibit 1 - Deposition Transcript of James Watson - Vol. I (Subject to Motion to File Under Seal), #2 Exhibit 2 - CIG_NSMC00095407 (Subject to Motion to File Under Seal), #3 Exhibit 3 - CIG_NSMC00149336 (Subject to Motion to File Under Seal), #4 Exhibit 4 - Deposition Transcript of Poom Dolderer - Vol. I (Subject to Motion to File Under Seal), #5 Exhibit 5 - CIG_NSMC00157173 (Subject to Motion to File Under Seal), #6 Exhibit 6 - Deposition Transcript of Clint Hailey (Subject to Motion to File Under Seal), #7 Exhibit 7 - CIG_NSMC00000841)(Pumariega, Audrey) |
| Filing 165 RESPONSE to Motion re #140 MOTION in Limine to Exclude the Expert Opinions of Jim Watson and Mario Ramirez filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Replies due by 12/8/2021. (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)(Weintraub, Greg) |
| Filing 164 RESPONSE in Opposition re #139 MOTION in Limine filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Replies due by 12/8/2021. (Attachments: #1 Exhibit 1 - Amendment 51 (Subject to Motion for Leave to File Under Seal), #2 Exhibit 2 - Final Award AAA Case 4084 (Subject to Motion for Leave to File Under Seal), #3 Exhibit 3 - Transcript of Deposition of David Crawford (Subject to Motion for Leave to File Under Seal), #4 Exhibit 4 - Agreed Protective Order Regarding Confidentiality, AAA Case 4084 (Subject to Motion for Leave to File Under Seal), #5 Exhibit 5 - Transcript of Deposition of Phung Dolderer (Subject to Motion for Leave to File Under Seal), #6 Exhibit 6 - Transcript of Deposition of Clint Hailey (Subject to Motion for Leave to File Under Seal), #7 Exhibit 7 - CIG_NSMC00095835 Calendar Event with Attachment (Subject to Motion for Leave to File Under Seal), #8 Exhibit 8 - CIG_NSMC00148725 PowerPoint Deck (Subject to Motion for Leave to File Under Seal), #9 Exhibit 9 - Transcript of Deposition of Patricia Pike (Subject to Motion for Leave to File Under Seal), #10 Exhibit 10 - Demand Letter (Subject to Motion for Leave to File Under Seal), #11 Exhibit 11 - Transcript of Deposition of Mary Beth Edwards (Subject to Motion for Leave to File Under Seal))(Pincow, Emily) |
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Filing 163
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for an Enlargement of the Page Limitations for Plaintiffs' Response to Cigna's Motion to Exclude the Expert Opinions of Jim Watson and Mario Ramirez. #161 . Therein, Plaintiffs request leave to exceed the page limit set by Local Rule 7.1(c)(2) of the Local Rules of the Southern District of Florida ("Local Rules") by five pages for their Response to Cigna's Motion to Exclude the Expert Opinions of Jim Watson and Mario Ramirez. Id. at 1-2. Plaintiffs inform the Court that they are unable to condense their Response so that it falls within the 20-page limit set forth in the Local Rules. Id. at 2. Defendant does not oppose the Motion. Id. The Court finds good cause to enlarge the page limit set by the Local Rules. Accordingly, UPON CONSIDERATION of the Motion #161 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion #161 is GRANTED. Plaintiffs' Response to Cigna's Motion to Exclude the Expert Opinions of Jim Watson and Mario Ramirez shall not exceed twenty-five (25) pages. Signed by Judge K. Michael Moore on 12/1/2021. (elm)
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Filing 162
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for an Enlargement of the Page Limitations on Plaintiff's Response to Defendant's Statement of Material Facts. #160 . Therein, Plaintiffs request leave to exceed the page limit set by Local Rule 56.1(b)(2)(D) of the Local Rules of the Southern District of Florida ("Local Rules") by five pages for the "Additional Facts" in their Response to Defendant's Statement of Material Facts in Support of Defendant's Motion for Summary Judgment. Id. at 1-2. Plaintiffs inform the Court that they are unable to condense their Response to Defendant's Statement of Material Facts so that it falls within the 5-page limit set forth in the Local Rules for "Additional Facts." Id. at 2. Defendant does not oppose the Motion. Id. The Court finds good cause to enlarge the page limit set by the Local Rules. Accordingly, UPON CONSIDERATION of the Motion #160 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion #160 is GRANTED. The "Additional Facts" in Plaintiffs' Response to Defendant's Statement of Material Facts shall not exceed ten (10) pages. Signed by Judge K. Michael Moore on 12/1/2021. (elm)
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| Filing 161 Unopposed MOTION for Leave to File Excess Pages For an Enlargement of The Page Limitation for Plaintiffs Response to Cignas Motion to Exclude the Expert Opinions of Jim Watson and Mario Ramirez [DE140] by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc.. (Attachments: #1 Text of Proposed Order)(Weintraub, Greg) |
| Filing 160 MOTION for Leave to File Excess Pages Motion For An Enlargement Of The Page Limitations On Plaintiffs Response To Defendants Statement Of Material Facts In Support Of Defendants Motion For Summary Judgment [De 142] by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order)(Weintraub, Greg) |
| Filing 155 CLERK'S NOTICE of Compliance by sealing DE #131 , #132 , #133 and #136 per DE #154 Order (mc) |
| SYSTEM ENTRY - Docket Entry 156 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 157 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 159 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 158 [misc] restricted/sealed until further notice. (1211412) |
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Filing 154
ORDER GRANTING #138 Motion to Seal. Signed by Judge K. Michael Moore on 11/24/2021. See attached document for full details. (elm)
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| Filing 153 CLERK'S NOTICE of Compliance by sealing portions of documents per #150 , #151 , #152 Orders (mc) |
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Filing 152
ORDER GRANTING #137 Motion to Seal. Signed by Judge K. Michael Moore on 11/24/2021. See attached document for full details. (elm)
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Filing 151
ORDER GRANTING #135 Motion to Seal. Signed by Judge K. Michael Moore on 11/24/2021. See attached document for full details. (elm)
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Filing 150
ORDER GRANTING Motion to Seal #134 . Signed by Judge K. Michael Moore on 11/24/2021. See attached document for full details. (elm)
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| Filing 149 Clerk's Notice of Docket Correction re #148 Transcript. Correction Other. Transcript filed in error. (apz) |
| Filing 148 RESTRICTED - TRANSCRIPT of Jury Trial, Day 2 (Partial Direct Examination of Roger Heydt Regarding Damages) held on 11/2/2021 before Magistrate Judge Lauren Fleischer Louis, 1 - 33 pages, Court Reporter: James Pence-Aviles, 305-523-5633 / James_PenceAviles@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/23/2021. Release of Transcript Restriction set for 2/22/2022. (jps) Modified text on 11/22/2021 (apz). |
| Filing 147 TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 8/18/2021 before Magistrate Judge Lauren Fleischer Louis, 1 - 18 pages, Court Reporter/Transcriber: James Pence-Aviles, 305-523-5633 / James_PenceAviles@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/23/2021. Release of Transcript Restriction set for 2/22/2022. (jps) |
| Filing 146 TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 7/27/2021 before Magistrate Judge Lauren Fleischer Louis, 1 - 30 pages, Court Reporter/Transcriber: James Pence-Aviles, 305-523-5633 / James_PenceAviles@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/13/2021. Redacted Transcript Deadline set for 12/23/2021. Release of Transcript Restriction set for 2/22/2022. (jps) |
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Filing 145
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Extension of Time with Respect to Response Briefing Regarding Parties' Pre-Trial Motions. #143 . Therein, the Parties request a two-day extension of time, up to and including December 1, 2021, to respond to the respective pretrial motions (ECF Nos. 131, 132, 133, 139, 140, 141) "in light of the Thanksgiving holiday and the voluminous briefing." #143 at 2-3. Based on the foregoing, the Court finds good cause to grant the Parties' timely request for a brief two-day extension of time. See Fed. R. Civ. P. 6(b)(1). Accordingly, UPON CONSIDERATION of the Motion #143 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #143 is GRANTED. The Parties shall file their respective responses to the pretrial motions (ECF Nos. 131, 132, 133, 139, 140, 141) on or before December 1, 2021. Signed by Judge K. Michael Moore on 11/17/2021. (elm)
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Filing 144
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for an Enlargement of the Page Limitations on Plaintiffs' Statement of Material Facts. #130 . Therein, Plaintiffs request leave to exceed the page limit set by Local Rule 56.1(b) of the Local Rules of the Southern District of Florida ("Local Rules") by five pages for their Statement of Material Facts in conjunction with their Motion for Partial Summary Judgment. Id. at 2. Plaintiffs inform the Court that they are unable to condense their Statement of Material Facts to within the 10-page limit set forth in the Local Rules. Id. Defendant does not oppose the Motion. Id. at 4. The Court finds good cause to enlarge the page limit set by the Local Rules. Accordingly, UPON CONSIDERATION of the Motion #130 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion for an Enlargement of the Page Limitations on Plaintiffs' Statement of Material Facts #130 is GRANTED. Plaintiffs' Statement of Material Facts shall not exceed fifteen (15) pages. Signed by Judge K. Michael Moore on 11/16/2021. (elm)
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| Filing 143 Joint MOTION for Extension of Time with Respect to Response Briefing regarding Parties' Pre-Trial Motions re #133 MOTION for Partial Summary Judgment on Cigna's Affirmative Defenses, #139 MOTION in Limine , #132 Plaintiff's MOTION in Limine To Exclude Opinions of Defendants' Experts, #140 MOTION in Limine to Exclude the Expert Opinions of Jim Watson and Mario Ramirez, #131 Plaintiff's MOTION in Limine to Exclude Certain Evidence and Testimony at Trial and Incorporated Memorandum of Law by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Responses due by 11/29/2021 (Attachments: #1 Text of Proposed Order Proposed Agreed Order)(Weintraub, Greg) |
| Filing 142 Statement of: Material Facts by Cigna Health and Life Insurance Company re #141 MOTION for Summary Judgment (Attachments: #1 Exhibit 1 - Plaintiffs' Expert Report of Jim Watson (Subject to Motion to File Under Seal), #2 Exhibit 2 - Deposition Transcript of Melinda Lamb (Subject to Motion to File Under Seal), #3 Exhibit 3 - Expert Report of Mary Beth Edwards (Subject to Motion to File Under Seal), #4 Exhibit 4 - Deposition Transcript of Clint Hailey (Subject to Motion to File Under Seal), #5 Exhibit 5 - Deposition Transcript of Sapna Grover (Subject to Motion to File Under Seal), #6 Exhibit 6 - Deposition Transcript of James Watson - Vol. I (Subject to Motion to File Under Seal), #7 Exhibit 7 - Cignas Responses and Objections to Plaintiffs' First Set of Requests for Production, #8 Exhibit 8 - Plaintiffs' Supplemental Response to Cigna's Interrogatory No. 11, #9 Exhibit 9 - Exhibit 1 to the Deposition Transcript of Clint Hailey, #10 Exhibit 10 - Deposition Transcript of Joshua Foote (Subject to Motion to File Under Seal), #11 Exhibit 11 - Cigna's Expert Report of Michael A. Shapiro and Matthew O'Toole (Subject to Motion to File Under Seal), #12 Exhibit 12 - Plaintiffs' Expert Rebuttal Report of Mario Ramirez (Subject to Motion to File Under Seal), #13 Exhibit 13 - Email Correspondence from Counsel for Plaintiffs, #14 Exhibit 14 - Deposition Transcript of Kelly Johnston (Subject to Motion to File Under Seal), #15 Exhibit 15 - Denied Charges Summary (Subject to Motion to File Under Seal), #16 Exhibit 16 - Deposition Transcript of Natalie Fuqua, #17 Exhibit 17 - CIG_NSMC00078507 (Subject to Motion to File Under Seal), #18 Exhibit 18 - CIG_NSMC00077276 (Subject to Motion to File Under Seal), #19 Exhibit 19 - CIG_NSMC00045450 (Subject to Motion to File Under Seal), #20 Exhibit 20 - CIG_NSMC00148724 (Excerpted) (Subject to Motion to File Under Seal))(Pumariega, Audrey) |
| Filing 141 MOTION for Summary Judgment by Cigna Health and Life Insurance Company. Responses due by 11/29/2021 (Pumariega, Audrey) |
| Filing 140 MOTION in Limine to Exclude the Expert Opinions of Jim Watson and Mario Ramirez by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit 1 - Cigna's Responses and Objections to Plaintiffs' First Set of Requests for Production, #2 Exhibit 2 - Deposition Transcript of Clint Hailey (Subject to Motion to File Under Seal), #3 Exhibit 3 - Plaintiffs' Expert Report of Jim Watson (Subject to Motion to File Under Seal), #4 Exhibit 4 - Deposition Transcript of James Watson - Vol. I (Subject to Motion to File Under Seal), #5 Exhibit 5 - Deposition Transcript of James Watson - Vol. II (Subject to Motion to File Under Seal), #6 Exhibit 6 - Plaintiffs' Supplemental Response to Cigna's Interrogatory No. 11, #7 Exhibit 7 - Deposition Transcript of Sapna Grover (Subject to Motion to File Under Seal), #8 Exhibit 8 - Plaintiffs' Expert Report of Jim Watson, Workpaper #2, Table 6 (Subject to Motion to File Under Seal), #9 Exhibit 9 - Expert Report of Mary Beth Edwards (Subject to Motion to File Under Seal), #10 Exhibit 10 - Deposition Transcript of Joshua Foote (Subject to Motion to File Under Seal), #11 Exhibit 11 - Cigna's Expert Report of Michael A. Shaprio and Matthew O'Toole (Subject to Motion to File Under Seal), #12 Exhibit 12 - Plaintiffs' Expert Rebuttal Report of Mario Ramirez (Subject to Motion to File Under Seal), #13 Exhibit 13 - Deposition Transcript of Mario Luis Ramirez (Subject to Motion to File Under Seal), #14 Text of Proposed Order)(Pumariega, Audrey) |
| Filing 139 MOTION in Limine by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit 1 - Plaintiffs' Supplemental Response to Cignas Interrogatory No. 11, #2 Exhibit 2 - Plaintiffs' Expert Report of Jim Watson (Subject to Motion to File Under Seal), #3 Exhibit 3 - Plaintiffs' First Set of Interrogatories to Cigna, #4 Exhibit 4 - Expert Report of Mary Beth Edwards (Subject to Motion to File Under Seal), #5 Exhibit 5 - Deposition Transcript of Sapna Grover (Subject to Motion to File Under Seal), #6 Exhibit 6 - Plaintiffs' Second Amended Responses and Objections to Cigna's First Request for Production, #7 Exhibit 7 - Deposition Transcript of James Watson - Vol. I (Subject to Motion to File Under Seal), #8 Exhibit 8 - Deposition Transcript of James Watson - Vol. II (Subject to Motion to File Under Seal), #9 Exhibit 9 - Deposition Transcript of Poom Dolderer (Subject to Motion to File Under Seal), #10 Exhibit 10 - Plaintiffs' Responses and Objections to Cigna's 30(b)(6) Deposition Notice, #11 Exhibit 11 - Deposition Transcript of Susan Dennis-Buss (Subject to Motion to File Under Seal), #12 Text of Proposed Order)(Pumariega, Audrey) |
| Filing 138 Unopposed MOTION to Seal File Under Seal Portions of Plaintiffs' Statement of Undisputed Material Facts, Motion for Partial Summary Judgment, Omnibus Motion in Limine, and Motion to Exclude Opinions of Defendant's Experts, And Exhibits Attached Hereto, And Incorporated Memorandum of Law per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc.. (Attachments: #1 Text of Proposed Order) (Pincow, Emily) |
| Filing 137 Unopposed MOTION to Seal Portions of Cigna's Motion for Summary Judgment, Statement of Material Facts in Support, and Certain Exhibits Thereto per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 136 Statement of: Undisputed Material Facts In Support of Plaintiffs' by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc. re #133 MOTION for Partial Summary Judgment on Cigna's Affirmative Defenses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Errata Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Siegelaub, Jonathan) Modified by sealing document per DE #154 Order on 11/29/2021 (mc). Modified by unsealing document per Chambers on 12/1/2021 (mc). |
| Filing 135 Unopposed MOTION to Seal Portions of Cigna's Motion to Exclude the Expert Opinions of Jim Watson and Mario Ramirez and Certain Exhibits Thereto per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 134 Unopposed MOTION to Seal Portions of Cigna's Omnibus Motions in Limine and Exhibits Thereto per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 133 MOTION for Partial Summary Judgment on Cigna's Affirmative Defenses by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Responses due by 11/29/2021 (Siegelaub, Jonathan) Modified by sealing document per DE #154 Order on 11/29/2021 (mc). Modified by unsealing per Chambers on 12/1/2021 (mc). |
| Filing 132 Plaintiff's MOTION in Limine To Exclude Opinions of Defendants' Experts by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Exhibit A - Expert Report of Shapiro, O'Toole (Subject of Motion to File Under Seal), #2 Exhibit B - Expert Report of Mary Beth Edwards (Subject to Motion to File Under Seal), #3 Exhibit C - Transcript of Deposition of Shapiro (Subject to Motion to File Under Seal), #4 Exhibit D - Transcript of Deposition of O'Toole (Subject to Motion to File Under Seal), #5 Exhibit E - Transcript of Deposition of Lizer (Subject to Motion to File Under Seal), #6 Exhibit F - Transcript of Deposition of Edwards (Subject to Motion to File Under Seal))(Baldwin, William) Modified by sealing document per DE #154 Order on 11/29/2021 (mc). Modified by unsealing document per Chambers on 12/1/2021 (mc). |
| Filing 131 Plaintiff's MOTION in Limine to Exclude Certain Evidence and Testimony at Trial and Incorporated Memorandum of Law by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Pincow, Emily) Modified by sealing document per DE #154 Order on 11/29/2021 (mc). Modified by unsealing document per Chambers on 12/1/2021 (mc). |
| Filing 130 Unopposed MOTION for Leave to File Excess Pages on Plaintiffs' Statement of Material Facts by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order)(Singrossi, Ashley) |
| Filing 129 FINAL MEDIATION REPORT by Pamela I. Perry. Disposition: Case did not settle.(Perry, Pamela) |
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Filing 128
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Cigna Health and Life Insurance Company's #127 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to John J. Song, Esq. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #127 is GRANTED. John J. Song may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jsong@mwe.com. Signed by Judge K. Michael Moore on 11/5/2021. (elm)
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| Filing 127 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John J. Song. Filing Fee $ 200.00 Receipt # AFLSDC-15147090 by Cigna Health and Life Insurance Company. Responses due by 11/17/2021 (Attachments: #1 Text of Proposed Order)(Pumariega, Audrey) |
| SYSTEM ENTRY - Docket Entry 126 [misc] restricted/sealed until further notice. (1157634) |
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Filing 125
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Leave to Take Depositions After Discovery Deadline. #123 . Therein, the Parties "jointly request leave to depose certain individuals after the discovery deadline." Id. at 1. The deadline for the completion of discovery, including expert discovery, is October 22, 2021. See 79 . Now, Plaintiffs seek leave to depose Susan Dennis-Buss on October 28, 2021. #123 at 2. In addition, the Parties inform the Court that they disclosed their expert witnesses in accordance with the September 23, 2021 deadline to do so, and that they now intend to disclose rebuttal expert witnesses. Id. The Parties inform the Court that the deadline to disclose rebuttal witnesses under Fed. R. Civ. P. 26(a)(2)(D)(ii) coincides with the deadline to complete discovery on October 22, 2021. Id. The Parties thus seek leave to depose the respective rebuttal expert witnesses within fourteen (14) days of disclosure. Id. "District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Here, given that the deadline to disclose rebuttal expert witnesses coincides with the deadline for discovery, the Court finds that there is good cause to extend the deadline for the Parties to depose the respective rebuttal expert witnesses. The Parties inform the Court that they "have conferred and agreed that this relief, if granted by the Court, will not impact any further deadlines set forth in the Court's Paperless Order Scheduling Trial (Doc. 18) and Paperless Order of Referral to Mediation (Doc. 19), as modified by the Court's Paperless Order Granting Defendant's Motion to Extend Discovery Deadlines and Continue Trial (Doc. 79)." The Court is skeptical, as the deadline to file pretrial motions, including motions for summary judgment, motions in limine, and Daubert motions, is November 12, 2021, see 79 ; that is, one week after the latest that a rebuttal expert witness could be deposed under the deadline the Parties have requested. The Parties shall therefore have ten (10) days to depose respective rebuttal expert witnesses after disclosure. Because the Parties inform the Court that Ms. Susan Dennis-Buss is not available to be deposed until October 28, 2021 because of "various commitments," #123 at 2, and the Court is extending the discovery deadline to permit depositions for rebuttal expert witnesses, Plaintiffs may depose Ms. Susan Dennis-Buss on October 28, 2021. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #123 is GRANTED IN PART and DENIED IN PART. Plaintiffs may depose Ms. Dennis-Buss on or before October 28, 2021. The Parties may depose the respective rebuttal expert witnesses within ten (10) days of disclosure, in any event no later than November 1, 2021. All other deadlines, including the deadline to file any and all pretrial motions and to complete mediation, are unaffected by this Order. Signed by Judge K. Michael Moore on 10/13/2021. (elm)
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| Filing 124 ANSWER and Affirmative Defenses to Amended Complaint (Third Amended) by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 123 Joint MOTION for Leave to Take Depositions After Discovery Deadline by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order)(Weintraub, Greg) |
| Filing 122 NOTICE by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re 19 Order Referring Case to Mediation,,,,,,,,,,,,,,,, 79 Order on Motion to Continue,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion to Expedite,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Extension of Time of Discovery Cutoff Deadline,,,,,,,,,,,,,,,,,,,,,,, of Mediation (Weintraub, Greg) |
| Filing 121 NOTICE of Striking #119 Notice (Other), filed by Delray Medical Center, Inc., Lifemark Hospitals of Florida, Inc., Good Samaritan Medical Center, Inc., St. Mary's Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., West Boca Medical Center, Inc., North Shore Medical Center, Inc. Mediation by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. (Weintraub, Greg) |
| Filing 120 Clerks Notice to Filer re #119 Notice (Other),. 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. (jao) |
| Filing 119 (STRICKEN PER DE#121 ) NOTICE by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. of Mediation (Weintraub, Greg) Modified Text on 10/12/2021 (cds). |
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Filing 118
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to File Under Seal Exhibit 1 to the Plaintiffs' Third Amended Complaint. #117 . Therein, Plaintiffs request that Exhibit 1 to their Third Amended Complaint #116 be sealed because it contains confidential medical and patient information. Id. at 1-2. Having reviewed the Motion, the Court finds good cause to seal the materials requested. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #117 is GRANTED. The Clerk of Court is DIRECTED to maintain under SEAL Plaintiffs' forthcoming Exhibit 1 to Plaintiffs' Third Amended Complaint #116 until further order of this Court. It is FURTHER ORDERED that Plaintiffs' Motion to File Under Seal Exhibit 1 to Plaintiffs' Third Amended Complaint #108 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 10/1/2021. (tgr)
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| Filing 117 Plaintiff's MOTION to Seal Exhibit 1 to the Plaintiffs' Third Amended Complaint per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Unopposed Motion to File Under Seal Exhibit 1 to the Plaintiffs' Third Amended Complaint) (Weintraub, Greg) |
| Filing 116 Third AMENDED COMPLAINT against Cigna Health and Life Insurance Company, filed by Palm Beach Gardens Community Hospital, Inc., West Boca Medical Center, Inc., Lifemark Hospitals of Florida, Inc., St. Mary's Medical Center, Inc., Delray Medical Center, Inc., North Shore Medical Center, Inc., Good Samaritan Medical Center, Inc.. (Attachments: #1 Exhibit 1)(Weintraub, Greg) |
| Filing 115 NOTICE by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. of Defendant's Consent to Plaintiff's Third Amended Complaint (Weintraub, Greg) |
| Filing 114 NOTICE OF WITHDRAWAL OF MOTION by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re #107 Plaintiff's MOTION for Leave to File a Third Amended Complaint filed by Delray Medical Center, Inc., Lifemark Hospitals of Florida, Inc., Good Samaritan Medical Center, Inc., St. Mary's Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., North Shore Medical Center, Inc. (Weintraub, Greg) |
| Filing 113 NOTICE of Attorney Appearance by William Everett Baldwin on behalf of Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Attorney William Everett Baldwin added to party Delray Medical Center, Inc.(pty:pla), Attorney William Everett Baldwin added to party Good Samaritan Medical Center, Inc.(pty:pla), Attorney William Everett Baldwin added to party Lifemark Hospitals of Florida, Inc.(pty:pla), Attorney William Everett Baldwin added to party North Shore Medical Center, Inc.(pty:pla), Attorney William Everett Baldwin added to party Palm Beach Gardens Community Hospital, Inc.(pty:pla), Attorney William Everett Baldwin added to party St. Mary's Medical Center, Inc.(pty:pla), Attorney William Everett Baldwin added to party West Boca Medical Center, Inc.(pty:pla). (Baldwin, William) |
| Filing 112 RESPONSE in Opposition re #107 Plaintiff's MOTION for Leave to File a Third Amended Complaint filed by Cigna Health and Life Insurance Company. Replies due by 9/29/2021. (Attachments: #1 Exhibit A - Plaintiffs' First Request for Production of Documents from Defendant, #2 Exhibit B - Plaintiffs' First Set of Interrogatories to Defendant Cigna Health and Life Insurance Company, #3 Exhibit C - Redline of Third Amendment Complaint to Second Amended Complaint, #4 Exhibit D - Plaintiffs' Second Request for Production, #5 Exhibit E - Plaintiffs' Second Set of Interrogatories to Defendant Cigna Health and Life Insurance Company, #6 Exhibit F - Defendant Cigna Health and Life Insurance Company's Responses and Objections to Plaintiffs' Second Request for Production, #7 Exhibit G - Cigna's Responses and Objections to Plaintiffs' Second Set of Interrogatories, #8 Exhibit H - Cigna Insurance Policy)(Pumariega, Audrey) |
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Filing 111
ORDER granting #86 Motion to Compel. Plaintiffs are hereby ordered to produce responsive documents within 14 days of this Order. Signed by Magistrate Judge Lauren Fleischer Louis on 9/16/2021. See attached document for full details. (eb00)
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| Filing 110 Clerks Notice to Filer re #106 Notice (Other), 109 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. (mc) |
| Filing 109 RESPONSE TO ORDER TO SHOW CAUSE re 104 Order to Show Cause, by Palm Beach Gardens Community Hospital, Inc., West Boca Medical Center, Inc., Lifemark Hospitals of Florida, Inc., St. Mary's Medical Center, Inc., Delray Medical Center, Inc., North Shore Medical Center, Inc., Good Samaritan Medical Center, Inc. (See DE #106 for image) (mc) |
| Filing 108 Plaintiff's MOTION to File Under Seal Exhibit 1 to the Plaintiff's Third Amended Complaint by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiff's Unopposed Motion to File Under Seal Exhibit 1 to Third Amended Complaint) (Weintraub, Greg) Modified to unseal document pursuant to attorney's instructions on 9/9/2021 (mc). |
| Filing 107 Plaintiff's MOTION for Leave to File a Third Amended Complaint by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc.. (Attachments: #1 Exhibit A)(Weintraub, Greg) |
| Filing 106 NOTICE by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re #103 Amended Complaint/Amended Notice of Removal, 104 Order to Show Cause. Notice of Withdrawal of Third Amended Complaint and Response to Order to Show Cause (Weintraub, Greg) Modified filer on 9/9/2021 (mc). |
| Filing 105 ANSWER and Affirmative Defenses to Amended Complaint (Second Amended) by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
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Filing 104
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte examination of the record. On December 1, 2020, Defendant filed a Notice of Removal, removing this action from the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, to this Court. See #1 . On December 8, 2020, Defendant filed a Motion to Dismiss the Complaint. #12 . On January 11, 2021, after seeking an extension of time to respond to the then-pending Motion to Dismiss, Plaintiffs filed an Amended Complaint, presumably invoking their right to amend their pleading "once as a matter of course" under Rule 15(a) of the Federal Rules of Civil Procedure. See #22 . On January 25, 2021, Defendant filed a Motion to Dismiss the Amended Complaint #25 , which the Court granted #53 . In the Court's Order dismissing the Amended Complaint, the Court expressly granted Plaintiffs leave to further amend their pleading. See #53 . Plaintiffs filed a Second Amended Complaint on June 7, 2021. #73 . On June 22, 2021, Defendant moved to dismiss the Second Amended Complaint #81 , which the Court granted in part on August 24, 2021. See #100 . In the Court's Order dismissing in part Plaintiff's Second Amended Compliant, the court dismissed without prejudice the claims for which Defendant fully denied coverage, making a distinction between "right to payment" versus "rate of payment" claims. See generally id. The Court did not expressly grant Plaintiff leave to further amend the pleading. See generally id. Yet, on September 3, 2021, Plaintiffs filed a Third Amended Complaint. See #103 . Plaintiffs do not indicate therein that they have sought and obtained Defendant's consent to further amend their pleading. See generally id. Nor have Plaintiffs sought leave of the Court to further amend their pleading. Rather, Plaintiffs include a footnote in their Third Amended Complaint acknowledging that their "right to payment" claims were dismissed without prejudice. See generally id. Plaintiffs are hereby ORDERED to show cause by September 10, 2021, what authority permits them to amend their pleading without Defendant's consent or leave of Court. Failure to do so may result in the imposition of sanctions. Signed by Judge K. Michael Moore on 9/7/2021. (hwr)
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| Filing 103 Third AMENDED COMPLAINT against Cigna Health and Life Insurance Company, filed by Palm Beach Gardens Community Hospital, Inc., West Boca Medical Center, Inc., Lifemark Hospitals of Florida, Inc., St. Mary's Medical Center, Inc., Delray Medical Center, Inc., North Shore Medical Center, Inc., Good Samaritan Medical Center, Inc.. (Attachments: #1 Exhibit 1)(Weintraub, Greg) |
| Filing 102 NOTICE of Attorney Appearance by Ashley Paige Singrossi on behalf of Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Attorney Ashley Paige Singrossi added to party Delray Medical Center, Inc.(pty:pla), Attorney Ashley Paige Singrossi added to party Good Samaritan Medical Center, Inc.(pty:pla), Attorney Ashley Paige Singrossi added to party Lifemark Hospitals of Florida, Inc.(pty:pla), Attorney Ashley Paige Singrossi added to party North Shore Medical Center, Inc.(pty:pla), Attorney Ashley Paige Singrossi added to party Palm Beach Gardens Community Hospital, Inc.(pty:pla), Attorney Ashley Paige Singrossi added to party St. Mary's Medical Center, Inc.(pty:pla), Attorney Ashley Paige Singrossi added to party West Boca Medical Center, Inc.(pty:pla). (Singrossi, Ashley) |
| Filing 101 NOTICE of Attorney Appearance by Emily Louise Pincow on behalf of Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Attorney Emily Louise Pincow added to party Delray Medical Center, Inc.(pty:pla), Attorney Emily Louise Pincow added to party Good Samaritan Medical Center, Inc.(pty:pla), Attorney Emily Louise Pincow added to party Lifemark Hospitals of Florida, Inc.(pty:pla), Attorney Emily Louise Pincow added to party North Shore Medical Center, Inc.(pty:pla), Attorney Emily Louise Pincow added to party Palm Beach Gardens Community Hospital, Inc.(pty:pla), Attorney Emily Louise Pincow added to party St. Mary's Medical Center, Inc.(pty:pla), Attorney Emily Louise Pincow added to party West Boca Medical Center, Inc.(pty:pla). (Pincow, Emily) |
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Filing 100
ORDER GRANTING IN PART and DENYING IN PART #81 Motion to Dismiss. Signed by Judge K. Michael Moore on 8/24/2021. See attached document for full details. (hwr)
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Filing 99
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Chelsea Cosillos to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #97 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #97 is GRANTED. Chelsea Cosillos may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to ccosillos@mwe.com. Signed by Judge K. Michael Moore on 8/20/2021. (hwr)
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Filing 98
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Richard Diggs to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #96 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #96 is GRANTED. Richard Diggs may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to rdiggs@mwe.com. Signed by Judge K. Michael Moore on 8/20/2021. (hwr)
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| Filing 97 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Chelsea Cosillos. Filing Fee $ 200.00 Receipt # AFLSDC-14943038 by Cigna Health and Life Insurance Company. Responses due by 9/2/2021 (Attachments: #1 Text of Proposed Order)(Pumariega, Audrey) |
| Filing 96 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard Diggs. Filing Fee $ 200.00 Receipt # AFLSDC-14942887 by Cigna Health and Life Insurance Company. Responses due by 9/2/2021 (Attachments: #1 Text of Proposed Order)(Pumariega, Audrey) |
| Filing 95 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 8/18/2021 re #86 Defendant's Motion to Compel. Matter taken under advisement. Written order to follow. Total time in court: 30 minutes. Attorney Appearance(s): Warren Haskel, William Baldwin, Greg Jason Weintraub, Richard Diggs. (Digital 09:59:58) (aw) |
| Filing 94 STATUS REPORT [Joint] Regarding Discovery by Cigna Health and Life Insurance Company (Attachments: #1 Exhibit A - Pls.' Supp. Resp. to Interrog. No. 11)(Pumariega, Audrey) |
| Filing 93 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis and Minute ORDERS: Motion Hearing held on 7/27/2021 re #86 Defendant's Motion to Compel, #87 Unopposed Motion to Seal. Defendants' Motion to Compel granted, in part. Plaintiffs' objections to Interrogatory No. 11 were overruled and Plaintiffs' were ordered to supplement their response by no later than August 10, 2021. Resolution of Defendants remaining disputes are dependent on Plaintiffs' supplemental interrogatory response and thus postponed.A Continued Motion Hearing is set for August 18, 2021 at 9:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Zoom instructions are as follows: Meeting ID: 160 597 7084; Passcode: 242570. Parties may file a joint status on remaining disputes following service of the supplemental interrogatory answer and conferral thereon by no later than August 16, 2021. Defendants' Motion to Seal #87 is denied. The Motion will stand as filed with redaction. No explanation is offered for the necessity to reveal the confidential motion in the context of this discovery dispute. Total time in court: 40 minutes. Attorney Appearance(s): Jonathan Eric Siegelaub, Greg Jason Weintraub, William Baldwin, Yvonne Barosa, Audrey M Pumariega, Halle Landsman, Richard Diggs. (Digital 14:58:30) (aw) |
| Filing 92 REPLY to Response to Motion re #86 Defendant's MOTION to Compel the Production of Documents and Interrogatory Answers from Plaintiffs filed by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 91 RESPONSE in Opposition re #86 Defendant's MOTION to Compel the Production of Documents and Interrogatory Answers from Plaintiffs filed by North Shore Medical Center, Inc.. Replies due by 7/30/2021. (Weintraub, Greg) |
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Filing 90
PAPERLESS ORDER SETTING HEARING. A hearing on #86 Defendant's Motion to Compel is set for July 27, 2021 at 3:00 PM, United States Courthouse, Clyde Atkins Bldg., 11th Floor, 301 North Miami Avenue, Miami, Florida. Telephonic appearances may be made by dialing 1 (866) 434-5269, entering access code number 9978869 followed by the (#) sign, and entering security code number 5710 followed by the (#) sign. At hearing, in addition to presenting argument on the Motion to Compel, Plaintiffs shall justify why the document subject to the #87 Motion to Seal meets the good cause standard as required by Local Rule 5.4. Signed by Magistrate Judge Lauren Fleischer Louis on 7/16/2021. (eb00)
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| Filing 89 RESPONSE in Support re #81 MOTION to Dismiss with Prejudice #73 Amended Complaint/Amended Notice of Removal, filed by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 88 STATUS REPORT and Request for Status Conference by Cigna Health and Life Insurance Company (Pumariega, Audrey) |
| Filing 87 Unopposed MOTION to Seal Exhibit A to [ECF No. 86] Cigna's Motion to Compel and Incorporated Memorandum of Law and those portions of the Motion to Compel that quote that document per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 86 Defendant's MOTION to Compel the Production of Documents and Interrogatory Answers from Plaintiffs by Cigna Health and Life Insurance Company. Responses due by 7/23/2021 (Attachments: #1 Exhibit A - PLAINTIFFS-231713)(Pumariega, Audrey) |
| Filing 85 RESPONSE in Opposition re #81 MOTION to Dismiss with Prejudice #73 Amended Complaint/Amended Notice of Removal, filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Replies due by 7/13/2021. (Attachments: #1 Exhibit 1)(Weintraub, Greg) |
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Filing 83
ORDER granting #82 Motion to Seal. Signed by Chief Judge K. Michael Moore on 6/22/2021. See attached document for full details. (dj)
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| SYSTEM ENTRY - Docket Entry 84 [misc] restricted/sealed until further notice. (1211412) |
| Filing 82 Unopposed MOTION to Seal Exhibit 1 to [D.E. 81] Cigna's Motion to Dismiss with Prejudice [D.E. 73] Plaintiffs' Second Amended Complaint per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 81 MOTION to Dismiss with Prejudice #73 Amended Complaint/Amended Notice of Removal, by Cigna Health and Life Insurance Company. Responses due by 7/6/2021 (Attachments: #1 Exhibit 1 - Highlighted Version of Plaintiffs' Second Amended Complaint, Exhibit 1 [Proposed Sealed])(Pumariega, Audrey) |
| Filing 80 STATUS REPORT [Joint] Regarding Discovery by Cigna Health and Life Insurance Company (Pumariega, Audrey) |
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Filing 79
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Extend Discovery Deadlines and Continue Trial. ("Mot.") #71 . Therein, Defendant seeks a three (3) month continuance of trial and pretrial deadlines. See generally id. Plaintiffs filed a response in opposition. ("Resp.") #77 . Defendant filed a reply. ("Reply") #78 . The Motion is now ripe for review. "District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Here, Defendant argues that a continuance is needed because Defendant has been diligent throughout the discovery period, however its attempts to understand Plaintiffs' case theory on their statutory claim has "been met with equivocation and delay"; Defendant has been prejudiced by Plaintiffs' refusal to make certain disclosures--specifically what Plaintiffs contend the usual and customary ("U&C") rates are--which has left Defendant to "conduct discovery in the dark"; as the case has evolved, so has the need to conduct additional discovery based on the underlying data in support of Plaintiffs' disputed claims; and the requested extension will not prejudice Plaintiffs as it comports with the trial schedule Plaintiffs initially requested. Mot. 10-16. In response, Plaintiffs argue that Defendant "knows exactly how Florida law defines the [U&C] provider charges" relevant in this context; where there are disputed discovery issues, "the parties have ample time to conduct discovery on those issues within the current schedule"--although Plaintiffs would be agreeable to a two-week extension of the expert discovery deadline; Plaintiffs "have produced voluminous discovery, including all relevant documentation regarding the patient accounts at issue and all relevant information necessary for Cigna to mount a defense in this case" and "[b]ecause both parties have produced the essential information, there is no reason to extend discovery for three additional months"; "nothing in the Second Amended Complaint necessitates any new fact discovery that was not already at issue from the outset of this case"; and Defendants have not and will not suffer prejudice, but rather extending trial "would clearly prejudice Plaintiffs, who seek to vindicate their statutory rights and recover payments that should have been remitted by Cigna over a year ago." Resp. at 3-10. In reply, Defendant argues that the brief extension sought will allow Defendant "to understand, investigate, and test Plaintiffs' conflicting theory of the Florida U&C [r]ate" and "allow the parties to resolve their outstanding discovery disputes and exchange relevant documents before depositions"; "Plaintiffs' response ignores that production of relevant information is only the first step" and "now Cigna and its expert must review and investigate those documents, which span hundreds of pages per patient"; and "Plaintiffs offer no reason whatsoever why they will be prejudiced or surprised" by the brief extension sought. Reply at 5-8. In consideration of all arguments raised and the procedural posture of this case, the Court finds that Defendant has shown good cause to grant a brief continuance in this matter. Accordingly, UPON CONSIDERATION of the Motion #71 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #71 is GRANTED. This case is now set for trial commencing the two week trial period of January 31, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on January 27, 2022, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for January 18, 2022, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. The Court's Paperless Order Scheduling Trial 18 and Paperless Order of Referral to Mediation 19 remain in effect except that the deadlines therein shall be calculated based on the newly scheduled trial date. For example, any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the newly scheduled trial date and mediation shall be completed no later than eighty (80) days before the newly scheduled trial date. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 6/15/2021. (hwr)
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| Filing 78 REPLY to Response to Motion re #71 Defendant's MOTION to Continue Trial re 18 Scheduling Order,,,,,,,,,,,,,,,,,,, MOTION to Expedite Briefing Schedule MOTION for Extension of Time of Discovery Cutoff Deadline filed by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A - Plaintiffs' 2nd Am. Answers to Cigna's 1st Set of ROGs)(Pumariega, Audrey) |
| Filing 77 Plaintiff's RESPONSE to #71 Defendant's MOTION to Continue Trial re 18 Scheduling Order,,,,,,,,,,,,,,,,,,, MOTION to Expedite Briefing Schedule MOTION for Extension of Time of Discovery Cutoff Deadline by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
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Filing 75
ORDER Granting #74 Unopposed Motion to Seal Exhibit 1 to the Plaintiffs' Second Amended Complaint. Signed by Chief Judge K. Michael Moore on 6/8/2021. See attached document for full details. (nc)
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| SYSTEM ENTRY - Docket Entry 76 [misc] restricted/sealed until further notice. (1157634) |
| Filing 74 Unopposed MOTION to Seal Exhibit 1 to the Plaintiffs' Second Amended Complaint per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Text of Proposed Order) (Weintraub, Greg) |
| Filing 73 Second AMENDED COMPLAINT against Cigna Health and Life Insurance Company, filed by Palm Beach Gardens Community Hospital, Inc., West Boca Medical Center, Inc., Lifemark Hospitals of Florida, Inc., St. Mary's Medical Center, Inc., Delray Medical Center, Inc., North Shore Medical Center, Inc., Good Samaritan Medical Center, Inc.. (Attachments: #1 Exhibit 1)(Weintraub, Greg) |
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Filing 72
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. On June 4, 2021, Defendant filed a Motion to Extend Discovery Deadlines and Continue Trial and Request for Expedited Briefing Schedule. #71 . Therein, Defendant requests an expedited briefing schedule due to upcoming depositions and other deadlines. Id. at 1. Defendant argues that an expedited briefing schedule "will facilitate the potential resolution of discovery disputes with Magistrate Judge Louis and allow Cigna to issue any new discovery requests in light of Plaintiffs' [forthcoming] second amended complaint before the parties begin depositions, currently noticed for this month." Id. at 16. The Local Rules of the Southern District of Florida provide that "[t]he Court may, upon written motion and good cause shown, waive the time requirements of [] Local Rule [7.1(c)] and grant an immediate or expedited hearing on any matter requiring such expedited procedure." S.D. Fla. L.R. 7.1(d). UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall comply with the following expedited briefing schedule: Plaintiffs' response to Defendant's Motion to Extend Discovery Deadlines and Continue Trial #71 shall be due on or before June 10, 2021; Defendant's reply to Plaintiffs' response shall be due on or before June 14, 2021. Signed by Chief Judge K. Michael Moore on 6/7/2021. (hwr)
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| Filing 71 Defendant's MOTION to Continue Trial re 18 Scheduling Order,,,,,,,,,,,,,,,,,,, ( Responses due by 6/18/2021), MOTION to Expedite Briefing Schedule, MOTION for Extension of Time of Discovery Cutoff Deadline by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A - Cigna's 1st Set of RFPs to Plaintiffs, #2 Exhibit B - Plaintiffs' Rule 26 Initial Disclosures, #3 Exhibit C - Plaintiffs' Response and Objections to Cigna's 1st Set of RFPs, #4 Exhibit D - Plaintiffs' Responses and Objections to Cigna's 2nd Set of RFPs, #5 Exhibit E - Plaintiffs' Responses to Cigna's 1st Set of ROGs, #6 Exhibit F - Plaintiffs' Supplemental Responses to Cigna's 1st Set of ROGs, #7 Exhibit G - April 16, 2021 Email from A. Bordi to Counsel, #8 Text of Proposed Order)(Pumariega, Audrey) |
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Filing 70
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion to Withdraw Appearances of Attorneys Kristin Taylor and Ameneh Bordi. #69 . Therein, Defendant moves to withdraw the appearances of (1) Kristin Taylor because she is no longer associated with McDermott Will & Emery LLP, and (2) Ameneh Bordi who will be leaving the employment of Will McDermott & Emery LLP. Id. at 1. Granting this motion will not prejudice Defendant as several other attorneys associated with McDermott Will & Emery, LLP will continue to represent Defendant in this matter. Id. UPON CONSIDERATION of the Motion #69 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Unopposed Motion to Withdraw the Appearances of Attorneys Kristin Taylor and Ameneh Bordi #69 is GRANTED. Kristin Taylor and Ameneh Bordi shall be relieved of all further responsibilities related to Defendant in these proceedings. The Clerk of Court is INSTRUCTED to remove Kristin Taylor and Ameneh Bordi as counsel for Defendant. Signed by Chief Judge K. Michael Moore on 6/4/2021. (hwr)
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| Filing 69 Unopposed MOTION to Withdraw as Attorney by Kristin Taylor and Ameneh Bordi for / by Cigna Health and Life Insurance Company. Responses due by 6/17/2021 (Attachments: #1 Text of Proposed Order)(Pumariega, Audrey) |
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Filing 68
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Clarification or Partial Reconsideration. ("Mot.") #63 . Therein, "Plaintiffs seek limited clarification and/or reconsideration with respect to two specific pieces of information the Court has ordered Plaintiffs to include in connection with an amendment to Count I of their Amended Complaint." Id. at 1-2. "Reconsideration is an extraordinary remedy to be employed sparingly." Holland v. Florida, No. 06-20182-CIV-SEITZ, 2007 WL 9705926, at *1 (S.D. Fla. June 26, 2007) (citation and internal quotation marks omitted). "The only grounds for granting a motion for reconsideration 'are newly-discovered evidence or manifest errors of law or fact.'" United States v. Dean, No. 20-11603, 2020 WL 7655426, at *2 (11th Cir. Dec. 23, 2020) (quoting Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (per curiam)). A motion for reconsideration should raise new issues, not merely address issues litigated previously. Socialist Workers Party v. Leahy, 957 F. Supp. 1262, 1263 (S.D. Fla. 1997). "A party's disagreement with the court's decision, absent a showing of manifest error, is not sufficient to demonstrate entitlement to relief." Dean, 2020 WL 7655426, at *2 (citing Jacobs v. Tempur-Pedic Int'l, Inc., 626 F.3d 1327, 1344 (11th Cir. 2010)). On May 10, 2021, the Court dismissed without prejudice Plaintiffs' statutory claim against Cigna--which alleged that Cigna failed to reimburse Plaintiffs for services at the usual and customary ("U&C") rate--and granted Plaintiffs leave to file a second amended complaint with "an exhibit providing more claim-specific information identifying the treating Hospital, patient identification number, date of service, treatment provided, any applicable plan or policy providing coverage, payment received from Cigna, and alleged amount owed." ("Dismissal Order") #53 at 9. Now, "Plaintiffs request that the Court reconsider that portion of its holding [requiring Plaintiffs to] plead the 'alleged amount owed' on each claim and 'any applicable plan or policy providing coverage' [because] [t]hose two pieces of information are not reasonably accessible to Plaintiffs at the present time, nor are they necessary for Cigna to 'assess the validity of Plaintiffs' claims and whether each named Plaintiff has standing to sue and for which causes of action to formulate a responsive pleading.'" #63 at 3 (quoting Dismissal Order at 8). Plaintiffs argue that while they "are certain that Cigna underpaid their claims for services rendered in violation of the Florida statutory framework, they will not know the precise amount of the underpayment on each claim until [] expert analysis is completed." Id. at 5-6. As to the underlying insurance plan or policy, Plaintiffs argue that they do not obtain patient insurance information in all cases in the normal course of business as patients "may or may not provide their insurance cards." Id. at 7. In opposition, Defendant argues that "even after six months of discovery, Plaintiffs have refused to disclose what they contend is the methodology behind what they believe the Florida U&C [r]ate is, let alone the Florida U&C [r]ates themselves." Defendant argues that Plaintiffs' failure to disclose what they contend the U&C rates to be has deprived Cigna of the discovery it needs to probe Plaintiffs' theory of liability, jeopardizing the Court's scheduling order. Id. at 3-4. Defendant argues that insurance plan or policy information "must be within Plaintiffs' possession for Plaintiffs to submit claims to Cigna for reimbursement" and "there is no reason why Plaintiffs cannot include this information on their claims list now." Id. at 10. The Court does not find that Plaintiffs' have meet their heavy burden of showing manifest error warranting reconsideration here. Plaintiffs' "good-faith" belief that it has been underpaid by Cigna for services rendered is simply not enough to put Cigna on notice of how it allegedly violated the applicable statute requiring reimbursement at the U&C rate. Further, Plaintiffs must have some insurance-related information linking Cigna to the patients that Plaintiffs provided services to in order to state a valid claim against Cigna in each respective instance. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion for Clarification or Partial Reconsideration #63 is DENIED. Signed by Chief Judge K. Michael Moore on 6/2/2021. (hwr)
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| Filing 67 REPLY in Support of Motion for Clarification or Partial Reconsideration by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
| Filing 66 RESPONSE in Opposition re #63 MOTION for clarification #53 Order on Motion to Dismiss for Failure to State a Claim MOTION for Reconsideration re #53 Order on Motion to Dismiss for Failure to State a Claim filed by Cigna Health and Life Insurance Company. Replies due by 6/3/2021. (Attachments: #1 Exhibit 1 - May 11, 2021 Letter from G. Weintraub to A. Bordi)(Pumariega, Audrey) |
| Filing 65 TRANSCRIPT of Discovery Status Conference held on 4/29/21 before Magistrate Judge Lauren Fleischer Louis, 1-28 pages, Court Reporter: Bonnie J. Lewis, 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 6/14/2021. Redacted Transcript Deadline set for 6/22/2021. Release of Transcript Restriction set for 8/20/2021. (hh) |
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Filing 64
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. On May 20, 2021, Plaintiffs filed a Motion for Clarification or Partial Reconsideration with an expedited briefing schedule requested given the June 1, 2021 deadline to file an amended complaint in this matter. #63 . The Local Rules of the Southern District of Florida provide that "[t]he Court may, upon written motion and good cause shown, waive the time requirements of [] Local Rule [7.1(c)] and grant an immediate or expedited hearing on any matter requiring such expedited procedure." S.D. Fla. L.R. 7.1(d). UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall comply with the following expedited briefing schedule: Defendant's response to Plaintiffs' Motion for Clarification or Partial Reconsideration #63 shall be due on or before May 27, 2021; Plaintiffs' reply to Defendant's response shall be due on June 1, 2021; Plaintiffs' amended complaint shall be due within five (5) days of the Court's ruling on the Motion for Clarification or Partial Reconsideration #63 . Signed by Chief Judge K. Michael Moore on 5/21/2021. (hwr)
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| Filing 63 MOTION for clarification #53 Order on Motion to Dismiss for Failure to State a Claim ( Responses due by 6/3/2021), MOTION for Reconsideration re #53 Order on Motion to Dismiss for Failure to State a Claim by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
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Filing 62
ORDER CANCELLING STATUS CONFERENCE. Signed by Magistrate Judge Lauren Fleischer Louis on 5/18/2021. See attached document for full details. (aw)
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Filing 60
PAPERLESS ORDER granting #59 Plaintiffs' Motion To Seal. The Motion certifies that Plaintiffs' Response to Cigna's Report in Advance of May 18, 2021 Status Conference relies on a document Plaintiffs have designated as confidential pursuant to the Parties' stipulated protective order. Leave is granted to file Exhibit 2 to Plaintiffs' Response under seal, and Exhibit 2 will remain under seal until further order by this Court. Signed by Magistrate Judge Lauren Fleischer Louis on 5/17/2021. (eb00)
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| Filing 59 Plaintiff's MOTION to Seal Exhibit 2 To The Plaintiffs' Response to Cigna's Report in Advance of May 18, 2021 Status Conference per Local Rule 5.4 by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Weintraub, Greg) |
| Filing 57 Plaintiff's RESPONSE to #54 Status Report,, by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Weintraub, Greg) |
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Filing 56
PAPERLESS ORDER granting #55 Defendant's Motion To Seal. The Motion certifies that Defendant's Status Report in Advance of May 18, 2021 Status Conference relies on a document Plaintiffs have designated as confidential pursuant to the Parties' stipulated protective order. Leave is granted to file Exhibit 6 to Defendant's Status Report under seal, and Exhibit 6 will remain under seal until further order by this Court. Signed by Magistrate Judge Lauren Fleischer Louis on 5/17/2021. (eb00)
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| SYSTEM ENTRY - Docket Entry 58 [misc] restricted/sealed until further notice. (1211412) |
| SYSTEM ENTRY - Docket Entry 61 [misc] restricted/sealed until further notice. (1157634) |
| Filing 55 Defendant's MOTION to Seal Exhibit 6 to [D.E. 54] Cigna's Status Report in Advance of May 18, 2021 Status Conference per Local Rule 5.4 by Cigna Health and Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Pumariega, Audrey) |
| Filing 54 STATUS REPORT in Advance of May 18, 2021 Status Conference by Cigna Health and Life Insurance Company (Attachments: #1 Exhibit 1 - Plaintiffs' 2nd Am. Objections and Response to Cigna's 1st Set of RFPs, #2 Exhibit 2 - Excerpted April 8, 2021 Hearing Transcript re Cigna's Motion to Compel, #3 Exhibit 3 - Plaintiffs' Rule 26 Initial Disclosures, #4 Exhibit 4 - Plaintiffs' 2nd Amended Answers to Cigna's 1st Set of ROGs, #5 Exhibit 5 - Cigna's 2nd Am. Notice of Deposition, #6 Exhibit 6 - Excerpted Deposition Transcript of Poom Dolderer [Proposed Sealed], #7 Exhibit 7 - Fla. Emergency Physicians Order on Motion to Compel)(Pumariega, Audrey) |
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Filing 53
ORDER GRANTING #25 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 6/1/2021. Signed by Chief Judge K. Michael Moore on 5/10/2021. See attached document for full details. (hwr)
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| Filing 52 TRANSCRIPT of Discovery Status Conference held on 4/29/2021 before Magistrate Judge Lauren Fleischer Louis, 1-28 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. 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 5/27/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/4/2021. (apz) |
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Filing 51
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Entry of Stipulation and Order for Discovery of Electronically Stored Information #47 . UPON CONSIDERATION of the Stipulation, it is hereby APPROVED and the Motion GRANTED. Signed by Magistrate Judge Lauren Fleischer Louis on 5/6/2021. (eb00)
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| Filing 50 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Discovery Status Conference held on 4/29/2021. A Discovery Status Conference is set for May 18, 2021 at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. The parties to adhere to the Courts rulings as stated on the record. Zoom instructions are as follows: Meeting ID: 160 570 3914; Passcode: 219103.Total time in court: 40 minutes. Attorney Appearance(s): Jonathan Eric Siegelaub, Greg Jason Weintraub, Ivonne Barroso, Audrey M Pumariega, Halle Landsman, Ameneh Bordi, Warren Haskel. (Digital 13:26:34) (aw) |
| Filing 49 Plaintiff's RESPONSE to #44 Status Report,, by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc.. (Weintraub, Greg) |
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Filing 48
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Ameneh Bordi to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #45 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #45 is GRANTED. Ameneh Bordi may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to abordi@mwe.com. Signed by Chief Judge K. Michael Moore on 4/29/2021. (hwr)
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| Filing 47 Joint MOTION for Entry of Stipulation and Order for Discovery of Electronically Stored Information by Cigna Health and Life Insurance Company. (Attachments: #1 Stipulation and Order Regarding the Collection and Production of Documents and Electronically Stored Information)(Pumariega, Audrey) |
| Filing 46 NOTICE of Compliance by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re #40 Amended Order (Weintraub, Greg) |
| Filing 45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ameneh Bordi. Filing Fee $ 200.00 Receipt # AFLSDC-14644844 by Cigna Health and Life Insurance Company. Responses due by 5/12/2021 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing)(Pumariega, Audrey) |
| Filing 44 STATUS REPORT in Advance of April 29, 2021 Discovery Status Conference by Cigna Health and Life Insurance Company (Attachments: #1 Exhibit 1 - PLAINTIFFS-023016, #2 Exhibit 2 - PLAINTIFFS-023005, #3 Exhibit 3 - PLAINTIFFS-023020, #4 Exhibit 4 - Pls. Supp. Resp. to Cignas First Interrogatories, #5 Exhibit 5 - Cignas 30(b)(6) Notice, #6 Exhibit 6 - Pls. Am. Resp. to Cignas First Doc. Requests, #7 Exhibit 7 - Pls. Am. Resp. to Cignas Second Interrogatories)(Pumariega, Audrey) |
| Filing 43 Zoom instructions for Discovery Status Conference set on 4/29/21 at 1:30 p.m., are as follows: Meeting ID: 160 287 2361; Passcode: 366600. (aw) |
| Filing 42 TRANSCRIPT of Motion Hearing held on 4/8/2021 before Magistrate Judge Lauren Fleischer Louis, 1-112 pages, Court Reporter: Judy Wolff, 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 5/3/2021. Redacted Transcript Deadline set for 5/13/2021. Release of Transcript Restriction set for 7/12/2021. (apz) |
| Filing 41 NOTICE of Compliance by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. re #38 Order on Motion to Compel (Weintraub, Greg) |
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Filing 40
AMENDED ORDER re #38 Order on Motion to Compel Signed by Magistrate Judge Lauren Fleischer Louis on 4/8/2021. See attached document for full details. (eb00)
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Filing 38
ORDER granting in part and denying in part #33 Defendant's Motion to Compel. Signed by Magistrate Judge Lauren Fleischer Louis on 4/8/2021. See attached document for full details. (eb00)
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| Filing 39 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Motion Hearing held on 4/8/2021 re #33 Defendant's Motion to Compel. The parties to adhere to the Courts rulings as stated on the record. Written order entered. A Discovery Status Conference is set for April 29, 2021 at 1:30 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Total time in court: 2 hour(s) : 25 minutes. Attorney Appearance(s): Audrey M Pumariega, Halle Landsman, Kristen Ann Taylor, Warren Haskel, Jonathan Eric Siegelaub, Greg Jason Weintraub, Ivonne Barroso. (Digital 14:57:44) (aw) |
| Filing 37 REPLY to Response to Motion re #33 Defendant's MOTION to Compel Production of Documents and Interrogatory Answers from Plaintiffs filed by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A [Composite] - Cigna's 2nd Set of ROGs and Plaintiffs' Responses, #2 Exhibit B [Composite] - Cigna's 3rd Set of RFPs and Plaintiffs' Responses, #3 Exhibit C [Composite] - Plaintiffs' 1st Set of RFPs and Cigna's Responses)(Pumariega, Audrey) |
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Filing 36
PAPERLESS ORDER Setting Motion Hearing re #33 Defendant's Motion to Compel. A Motion Hearing is set for April 8, 2021 at 3:00 PM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Zoom instructions are as follows: Meeting ID: 161 322 0854; Passcode: 444547. Signed by Magistrate Judge Lauren Fleischer Louis on 4/6/2021. (aw)
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| Filing 35 RESPONSE in Opposition re #33 Defendant's MOTION to Compel Production of Documents and Interrogatory Answers from Plaintiffs filed by North Shore Medical Center, Inc.. Replies due by 4/8/2021. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weintraub, Greg) |
| Filing 34 RESPONSE to #31 Notice of Supplemental Authority, by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 33 Defendant's MOTION to Compel Production of Documents and Interrogatory Answers from Plaintiffs by Cigna Health and Life Insurance Company. Responses due by 4/1/2021 (Attachments: #1 Exhibit A - Requests and Interrogatories cited in the Motion, #2 Exhibit B - First Interrogatories and Responses (Composite), #3 Exhibit C - First RFP and Responses (Composite), #4 Exhibit D - Second RFP and Responses (Composite), #5 Exhibit E - Cigna's Letter, #6 Exhibit F - Plaintiff's Response)(Pumariega, Audrey) |
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Filing 32
PAPERLESS ORDER granting #30 Motion for Leave to File and to deviate from Local Rule. Defendant may file the Motion to Compel as proposed, attaching the discovery responses as exhibits and without reproducing the requests and objections within the body of the Motion. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Magistrate Judge Lauren Fleischer Louis on 3/18/2021. (LFL)
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| Filing 31 Notice of Supplemental Authority by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc. (Attachments: #1 Exhibit 1) (Siegelaub, Jonathan) |
| Filing 30 MOTION for Leave to File Deviation from Local Rule 26.1(g)(2) by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit 1 - Cigna's Motion to Compel, #2 Exhibit A to Cigna's Motion to Compel, #3 Exhibit B [Composite] to Cigna's Motion to Compel, #4 Exhibit C [Composite] to Cigna's Motion to Compel, #5 Exhibit D [Composite] to Cigna's Motion to Compel, #6 Exhibit E to Cigna's Motion to Compel, #7 Exhibit F to Cigna's Motion to Compel)(Pumariega, Audrey) |
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Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Halle Landsman to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #28 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #28 is GRANTED. Halle Landsman may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to hlandsman@mwe.com. Signed by Chief Judge K. Michael Moore on 2/23/2021. (hwr)
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| Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Halle Landsman. Filing Fee $ 200.00 Receipt # AFLSDC-14419740 by Cigna Health and Life Insurance Company. Responses due by 3/8/2021 (Attachments: #1 Exhibit A - Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing - Halle Landsman)(Pumariega, Audrey) |
| Filing 27 REPLY to Response to Motion re #25 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM (and Incorporated Memorandum of Law) (Cigna's Reply in Support of its Motion to Dismiss) filed by Cigna Health and Life Insurance Company. (Pumariega, Audrey) |
| Filing 26 RESPONSE in Opposition re #25 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM (and Incorporated Memorandum of Law) filed by Delray Medical Center, Inc., Good Samaritan Medical Center, Inc., Lifemark Hospitals of Florida, Inc., North Shore Medical Center, Inc., Palm Beach Gardens Community Hospital, Inc., St. Mary's Medical Center, Inc., West Boca Medical Center, Inc.. Attorney Jonathan Eric Siegelaub added to party Delray Medical Center, Inc.(pty:pla), Attorney Jonathan Eric Siegelaub added to party Good Samaritan Medical Center, Inc.(pty:pla), Attorney Jonathan Eric Siegelaub added to party Lifemark Hospitals of Florida, Inc.(pty:pla), Attorney Jonathan Eric Siegelaub added to party North Shore Medical Center, Inc.(pty:pla), Attorney Jonathan Eric Siegelaub added to party Palm Beach Gardens Community Hospital, Inc.(pty:pla), Attorney Jonathan Eric Siegelaub added to party St. Mary's Medical Center, Inc.(pty:pla), Attorney Jonathan Eric Siegelaub added to party West Boca Medical Center, Inc.(pty:pla). Replies due by 2/16/2021. (Siegelaub, Jonathan) |
| Filing 25 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM (and Incorporated Memorandum of Law) by Cigna Health and Life Insurance Company. Responses due by 2/8/2021 (Pumariega, Audrey) |
| Filing 24 NOTICE by North Shore Medical Center, Inc. of Mediator Selection (Weintraub, Greg) |
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' filing of an Amended Complaint. #22 . The Amended Complaint moots Defendant's Motion to Dismiss #12 . Accordingly, UPON CONSIDERATION of the Amended Complaint #22 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss #12 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 1/12/2021. (hwr)
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| Filing 22 AMENDED COMPLAINT against Cigna Health and Life Insurance Company, filed by North Shore Medical Center, Inc..(Weintraub, Greg) |
| Filing 21 NOTICE of Compliance with Rule 26 Initial Disclosures by North Shore Medical Center, Inc. re #16 SCHEDULING REPORT - Rule 26(f)/16.1 filed by North Shore Medical Center, Inc. (Weintraub, Greg) |
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Entry of Stipulated Confidentiality and Protective Order. #17 . Therein, the Parties request that the Court enter their Agreed Protective Order Regarding Confidentiality [17-1] and Agreed HIPAA Qualified Protective Order and Order to Disclose Protected Health Information [17-2] "because the discovery the Parties may propound in this matter[] may involve documents and materials that contain information that is confidential, proprietary, or personal, or is otherwise of a highly sensitive and valuable nature, including Protected Health Information as defined by federal and state law." Id. at 2. Accordingly, UPON CONSIDERATION of the Motion #17 , pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties' Joint Motion for Entry of Stipulated Confidentiality and Protective Order #17 is GRANTED. It is FURTHER ORDERED that the Parties' Agreed Protective Order Regarding Confidentiality [17-1] and Agreed HIPAA Qualified Protective Order and Order to Disclose Protected Health Information [17-2] are hereby ADOPTED and ENTERED by reference, and the Parties shall abide by the provisions established therein. Signed by Chief Judge K. Michael Moore on 1/4/2021. (hwr)
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Filing 19
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning October 25, 2021, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 1/4/2021. (hwr)
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Filing 18
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of October 25, 2021, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on October 21, 2021, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for October 12, 2021, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 1/4/2021. (hwr)
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| Filing 17 Joint MOTION for Protective Order and Entry of Stipulated Confidentiality Order by North Shore Medical Center, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weintraub, Greg) |
| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by North Shore Medical Center, Inc. (Weintraub, Greg) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Extensions of Time With Respect to Briefing Regarding Cigna's Motion to Dismiss #12 . #13 . Therein, Plaintiffs request an extension through January 11, 2021 to respond to Defendant's Motion to Dismiss #12 , and Defendant requests an extension through January 25, 2021 to reply to Plaintiffs' response, due to "other commitments, including the press of other business and undersigned counsel's long-scheduled vacations over the holidays." Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #13 is GRANTED. Plaintiffs' response to Defendant's Motion for Dismiss #12 shall be due on or before January 11, 2021; Defendant's reply to Plaintiffs' response shall be due on or before January 25, 2011. Signed by Chief Judge K. Michael Moore on 12/17/2020. (hwr)
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| Filing 14 Clerks Notice to Filer re #13 MOTION for Extension of Time with Respect to Briefing Regarding Cigna's Motion To Dismiss re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM (Cigna's Motion to Dismiss and. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 13 Joint Motion for Extension of Time to File Response/Reply/Answer as to #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by North Shore Medical Center, Inc.. Responses due by 12/30/2020 (Weintraub, Greg) Modified Relief on 12/17/2020 (ls). |
| Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Cigna Health and Life Insurance Company. Responses due by 12/22/2020 (Pumariega, Audrey) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Dmitriy Tishyevich to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #6 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #6 is GRANTED. Dmitriy Tishyevich may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to dtishyevich@mwe.com. Signed by Chief Judge K. Michael Moore on 12/3/2020. (hwr)
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Joshua Simon to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #5 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #5 is GRANTED. Joshua Simon may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jsimon@mwe.com. Signed by Chief Judge K. Michael Moore on 12/3/2020. (hwr)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Warren Haskel to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #4 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #4 is GRANTED. Warren Haskel may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to whaskel@mwe.com. Signed by Chief Judge K. Michael Moore on 12/3/2020. (hwr)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN FLEISCHER LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren Fleischer Louis' discovery procedures. Signed by Chief Judge K. Michael Moore on 12/3/2020. (hwr)
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Filing 7
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/3/2020. (hwr)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dmitriy Tishyevich. Filing Fee $ 200.00 Receipt # AFLSDC-13963702 by Cigna Health and Life Insurance Company. Responses due by 12/16/2020 (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing - Tishyevich)(Pumariega, Audrey) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua Simon. Pay.gov Agency Tracking ID FLSDC-13963523. Filing Fee $ 200.00 by Cigna Health and Life Insurance Company. Responses due by 12/16/2020 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing - Simon)(Pumariega, Audrey) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Warren Haskel. Filing Fee $ 200.00 Receipt # BFLSDC-13963485 by Cigna Health and Life Insurance Company. Responses due by 12/16/2020 (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing - Haskel)(Pumariega, Audrey) |
| Filing 3 Bar Letter re: Admissions sent to attorney Joshua Simon, Warren Haskel, Dimitriy Tishyevich, mailing date December 2, 2020, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-13958028, filed by Cigna Health and Life Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Composite Exhibit - State Court Documents, #3 Cigna Health and Life Insurance Company's Rule 7.1 Corporate Disclosure Statement)(Pumariega, Audrey) Modified on 12/2/2020 (drz). (No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court) |
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