Lee v. Florida Department of Corrections et al
Plaintiff: Olivia Lee
Defendant: LPN Carmen Dorce Exantus, ARNP Elizabeth Joyce Carter, MD Marta A. Castillos, RN Marilyn C. Audain, RN Maritza Mederos, LPN Paula Rosan Swase, RN Paula Rojas, MD Antonio A. Castillo, Florida Department of Corrections, MD Antonio Sergio Pino, MD Pierre Antoine Marceus, Centurion of Florida, LLC, MD Inemesit Nyong Abia and RN Yaneisys Martin Rojas
Case Number: 1:2021cv22404
Filed: July 2, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Marcia G Cooke
Referring Judge: John J O'Sullivan
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2021 Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 20 Order on Motion for Leave to File, by Centurion of Florida, LLC. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion for Extension)(Guido, Justin)
August 24, 2021 Opinion or Order Filing 23 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Jury Trial set for 11/21/2022 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 11/16/2022 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 9/24/2021., Expert Discovery due by 5/6/2022., Fact Discovery due by 3/25/2022., Joinder of Parties due by 9/24/2021., In Limine Motions due by 9/16/2022., Dispositive Motions due by 5/20/2022., Motions due by 5/20/2022., Pretrial Stipulation due by 9/16/2022., Mediation Deadline 7/8/2022.) Signed by Judge Marcia G. Cooke on 8/24/2021. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
August 6, 2021 Opinion or Order Filing 22 PAPERLESS ORDER denying as moot #8 Motion to Dismiss. Signed by Judge Marcia G. Cooke (bai)
August 6, 2021 Filing 21 Plaintiff's AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Olivia Lee.(Dandashly, Mustafa)
August 5, 2021 Opinion or Order Filing 20 ENDORSED ORDER granting #19 Motion for Leave to File Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Marcia G. Cooke on 8/5/2021. (bai)
August 5, 2021 Filing 19 Unopposed MOTION for Leave to File Amended Complaint by Olivia Lee. (Attachments: #1 Exhibit Amended Complaint, #2 Text of Proposed Order)(Dandashly, Mustafa)
July 30, 2021 Opinion or Order Filing 18 PAPERLESS ORDER granting #16 Motion for Extension of Time. Signed by Judge Marcia G. Cooke on 7/30/2021. (bai)
July 29, 2021 Opinion or Order Filing 17 ENDORSED ORDER STRIKING #14 Motion to Amend/Correct. The Parties are directed to comply with the Local Rules, which provide as follows. "A party who moves to amend a pleading shall attach the original of the amendment to the motion in the manner prescribed by Section 3I(1) of the CM/ECF Administrative Procedures. Any amendment to a pleading, whether filed as a matter of course or upon a successful motion to amend, must, except by leave of Court, reproduce the entire pleading as amended, and may not incorporate any prior pleading by reference. When a motion to amend is granted, the amended pleading shall be separately filed and served forthwith." S.D. Fla. L.R. 15.1.Continued failure to comply with all applicable Federal and Local Rules will result in dismissal of this action. Signed by Judge Marcia G. Cooke on 7/29/2021. (bai)
July 29, 2021 Filing 16 Second MOTION for Extension of Time to File Response/Reply/Answer Response to the Complaint by Florida Department of Corrections. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion for Extension of Time by Defendant Florida Department of Corrections to Respond to the Complaint)(Foodman, Daniel)
July 29, 2021 Filing 15 NOTICE by Olivia Lee Proposed Joint Scheduling Report (Dandashly, Mustafa)
July 23, 2021 Filing 14 STRICKEN - Unopposed MOTION to Amend/Correct Motion for leave to File Amended Complaint by Olivia Lee. Responses due by 8/6/2021 (Attachments: #1 Text of Proposed Order)(Dandashly, Mustafa) Modified/Stricken per DE 17 on 7/30/2021 (pes).
July 21, 2021 Opinion or Order Filing 13 ENDORSED ORDER STRIKING #12 Stipulation. The Parties are advised to review Federal Rule of Civil Procedure 15 to determine when this Court's leave is needed to file an amended complaint. If Plaintiff wishes to request an extension of time to respond to the pending motion to dismiss, Plaintiff may do so in accordance with the applicable local and federal rules. Signed by Judge Marcia G. Cooke on 7/21/2021. (bai)
July 21, 2021 Filing 12 STRICKEN - STIPULATION Regarding Plaintiff Filing an Amended Complaint by Inemesit Nyong Abia, Marilyn C. Audain, Elizabeth Joyce Carter, Antonio A. Castillo, Marta A. Castillos, Centurion of Florida, LLC, Carmen Dorce Exantus, Pierre Antoine Marceus, Maritza Mederos, Antonio Sergio Pino, Paula Rojas, Yaneisys Martin Rojas, Paula Rosan Swase (Attachments: #1 Text of Proposed Order)(Guido, Justin) Modified/Stricken per DE 13 on 7/22/2021 (pes).
July 14, 2021 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time. The Parties are reminded that, pursuant to the Court's Orders, multiple defendants are required to file joint dispositive motions, unless there are clear conflicts of positions or grounds for relief. If it becomes apparent that no such conflicts exist, all affected motions will be stricken. Signed by Judge Marcia G. Cooke on 7/14/2021. (bai)
July 13, 2021 Filing 10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer Response to Complaint by Florida Department of Corrections. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension of Time By Defendant Florida Department of Corrections to Respond to the Complaint)(Foodman, Daniel)
July 12, 2021 Filing 9 NOTICE of Attorney Appearance by Daniel Foodman on behalf of Florida Department of Corrections. Attorney Daniel Foodman added to party Florida Department of Corrections(pty:dft). (Foodman, Daniel)
July 12, 2021 Filing 8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),,, by Inemesit Nyong Abia, Marilyn C. Audain, Elizabeth Joyce Carter, Antonio A. Castillo, Marta A. Castillos, Centurion of Florida, LLC, Carmen Dorce Exantus, Pierre Antoine Marceus, Maritza Mederos, Antonio Sergio Pino, Paula Rojas, Yaneisys Martin Rojas, Paula Rosan Swase. Responses due by 7/26/2021 (Attachments: #1 Exhibit A)(Guido, Justin)
July 8, 2021 Opinion or Order Filing 7 ENDORSED ORDER granting #6 Motion for Extension of Time. Response to Complaint due 7/26/2021. Signed by Judge Marcia G. Cooke (bai)
July 8, 2021 Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,, by Inemesit Nyong Abia, Marilyn C. Audain, Elizabeth Joyce Carter, Antonio A. Castillo, Marta A. Castillos, Centurion of Florida, LLC, Carmen Dorce Exantus, Pierre Antoine Marceus, Maritza Mederos, Antonio Sergio Pino, Paula Rojas, Yaneisys Martin Rojas, Paula Rosan Swase. (Attachments: #1 Text of Proposed Order)(Guido, Justin)
July 8, 2021 Opinion or Order Filing 5 ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 7/8/2021. See attached document for full details. (jao)
July 2, 2021 Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz)
July 2, 2021 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (drz)
July 2, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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)
July 2, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Medical Negligence, Wrongful Death, and for Violation of Civil Rights Pursuant to 42 USC 1983) Filing fee $ 402.00 receipt number AFLSDC-14816617, filed by Marilyn C. Audain, Inemesit Nyong Abia, Centurion of Florida, LLC, Elizabeth Joyce Carter, Yaneisys Martin Rojas, Marta A. Castillos, Antonio Sergio Pino, Pierre Antoine Marceus, Paula Rosan Swase, Paula Rojas, Antonio A. Castillo, Carmen Dorce Exantus, Maritza Mederos. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit State Court File, #4 Exhibit Notice of Filing Notice of Removal)(Guido, Justin) Modified Text on 7/2/2021 (drz). ( No answer, Affirmative Defenses or Motion to Dismiss filed in State Court Case)

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Search for this case: Lee v. Florida Department of Corrections et al
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Defendant: LPN Carmen Dorce Exantus
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: ARNP Elizabeth Joyce Carter
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: MD Marta A. Castillos
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: RN Marilyn C. Audain
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: RN Maritza Mederos
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: LPN Paula Rosan Swase
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: RN Paula Rojas
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: MD Antonio A. Castillo
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: Florida Department of Corrections
Represented By: Daniel Foodman
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Defendant: MD Antonio Sergio Pino
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: MD Pierre Antoine Marceus
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: Centurion of Florida, LLC
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: MD Inemesit Nyong Abia
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Defendant: RN Yaneisys Martin Rojas
Represented By: Francis H. Sheppard
Represented By: Justin Michael Guido
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Plaintiff: Olivia Lee
Represented By: Brett M. Rosen
Represented By: Judd Gordon Rosen
Represented By: Mustafa Hasan Dandashly
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