Martinez v. Miami Children's Health System, Inc. et al
| Eddy Martinez |
| Miami Children's Health System, Inc., Nicklaus Children's Health System and Nicklaus Children's Health System Executive Severance Policy |
| 1:2021cv22700 |
| July 26, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 27
ORDER SCHEDULING MEDIATION Mediation Hearing set for 3/10/2022 before Rodolfo Sorondo, Jr. Mediation Deadline 3/14/2022. Signed by Judge Beth Bloom on 9/14/2021. See attached document for full details. (jbs)
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| Filing 26 Supplemental NOTICE of Mediator Selection and Hearing. Selected/Added Rodolfo Sorondo, Jr as Mediator. Mediation Hearing set for 3/10/2022 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order proposed order scheduling mediation)(Gonzalez, Pedro) |
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Filing 25
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. On August 18, 2021, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #18 ("Scheduling Order "). On September 8, 2021, the parties filed a notice of mediator selection, but failed to designate a date, time, and location for the mediation. ECF No. #24 ("Notice"). Accordingly, it is ORDERED AND ADJUDGED that no later than September 15, 2021, the parties shall file a supplemental notice and proposed order scheduling mediation, as required by the Scheduling Order. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice.The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at http://www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Show Cause Response due by 9/15/2021. Signed by Judge Beth Bloom (ak03)
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| Filing 24 NOTICE of Mediator Selection. Selected/Added Rodolfo Sorondo, Jr as Mediator. (Gonzalez, Pedro) |
| Filing 23 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Status Conference held on 9/8/2021. The Court made a disclosure on the record to the parties. Total time in court: 0 hour(s) : 10 minutes. Attorney Appearance(s): James Christopher Kellner, Pedro Alejandro Gonzalez, Paige Spencer Comparato, Martin Leonard Steinberg. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ak03) |
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Filing 22
PAPERLESS ORDER granting in part and denying in part #21 Plaintiffs' Agreed Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss. Plaintiff shall file his response to the Motion to Dismiss no later than October 1, 2021. Responses due by 10/1/2021. Signed by Judge Beth Bloom (ak03)
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| Filing 21 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #19 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Eddy Martinez. (Attachments: #1 Text of Proposed Order proposed agreed order)(Gonzalez, Pedro) |
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PAPERLESS ORDER RESETTING STATUS CONFERENCE. The Status Conference is reset for 9/8/2021 at 09:00 AM before Judge Beth Bloom via Zoom video conference. The link to join is https://www.zoomgov.com/j/1614596697?pwd=RHQ1WFVRYVFsendGRVNRakpmait0Zz09. Alternatively, the Meeting ID is 161 459 6697, and passcode is 075753. Signed by Judge Beth Bloom (ak03)
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| Filing 20 NOTICE by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy re #19 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM - NOTICE OF SUPPLEMENTAL FILING INCLUDING FINAL DETERMINATION LETTER AND ACCOMPANYING EXHIBITS (Attachments: #1 Exhibit A (Part 1 of 2), #2 Exhibit A (Part 2 of 2)) (Steinberg, Martin) |
| Filing 19 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy. Responses due by 9/8/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Steinberg, Martin) |
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Filing 18
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE (Amended Pleadings due by 10/18/2021., Discovery due by 5/17/2022., Expert Discovery due by 5/17/2022., Joinder of Parties due by 10/18/2021., Mediation Deadline 5/31/2022., In Limine Motions due by 6/8/2022., Dispositive Motions due by 6/8/2022., Motions due by 6/8/2022., Pretrial Stipulation due by 8/29/2022., Jury Trial set for 9/12/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 9/6/2022 01:45 PM in Miami Division before Judge Beth Bloom.), Referring Case to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 8/18/2021. See attached document for full details. (jbs) #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.
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| Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy (Steinberg, Martin) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement and Certificate of Interested Parties by Eddy Martinez (Gonzalez, Pedro) |
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Filing 15
PAPERLESS ORDER granting #14 Unopposed Motion for Continuance of Status Conference Set for August 12, 2021. The Status Conference is reset for 9/7/2021 at 10:00 AM via Zoom video conference before Judge Beth Bloom. The link to join is https://www.zoomgov.com/j/1614596697?pwd=RHQ1WFVRYVFsendGRVNRakpmait0Zz09. Alternatively, the Meeting ID is 161 459 6697, and passcode is 075753. Signed by Judge Beth Bloom (ak03)
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| Filing 14 Unopposed MOTION to Continue Status Conference Set for August 12, 2021 re 13 Order Setting Status Conference, by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy. Responses due by 8/24/2021 (Attachments: #1 Affidavit M. Steinberg)(Steinberg, Martin) |
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Filing 13
PAPERLESS ORDER Setting Status Conference: Status Conference set for 8/12/2021 at 10:15 AM via Zoom video conference before Judge Beth Bloom. The link to join is https://www.zoomgov.com/j/1614596697?pwd=RHQ1WFVRYVFsendGRVNRakpmait0Zz09. Alternatively, the Meeting ID is 161 459 6697, and passcode is 075753. Signed by Judge Beth Bloom (ak03)
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Filing 12
PAPERLESS ORDER granting #11 Motion for Leave to File Twenty (20) Excess Pages. Signed by Judge Beth Bloom (BB)
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| Filing 11 Unopposed MOTION for Leave to File Excess Pages FOR MOTION TO DISMISS by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy. (Steinberg, Martin) |
| Filing 10 NOTICE by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy re #3 Order Requiring Joint Scheduling Report NOTICE OF FILING STATE COURT DOCKET REPORT (Attachments: #1 Exhibit A - State Court Docket) (Steinberg, Martin) |
| Filing 9 RESPONSE to Motion re #4 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, filed by Eddy Martinez. Replies due by 8/5/2021. (Attachments: #1 Exhibit composite exhibit)(Gonzalez, Pedro) |
| Filing 8 Defendant's Corporate Disclosure Statement by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy identifying Other Affiliate Nicklaus Childrens Hospital, Other Affiliate Nicklaus Childrens Health System Foundation, Other Affiliate Nicklaus Childrens Pediatric Specialists, LLC for Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy (Steinberg, Martin) |
| Filing 7 Clerks Notice to Filer re #6 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jbs) |
| Filing 6 Corporate Disclosure Statement by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy identifying Corporate Parent Miami Childrens Health System, Inc. for Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy (Steinberg, Martin) |
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Filing 5
PAPERLESS ORDER granting in part and denying in part #4 Defendants' Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Defendants shall file their response to the Complaint no later than August 25, 2021. Answer/response due 8/25/2021. Signed by Judge Beth Bloom (ak03)
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| Filing 4 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Miami Children's Health System, Inc., Nicklaus Children's Health System Executive Severance Policy. (Attachments: #1 Exhibit A-Proposed Order)(Steinberg, Martin) |
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Filing 3
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 8/17/2021 Signed by Judge Beth Bloom on 7/27/2021. See attached document for full details. (jbs)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jbs) |
| Filing 1 COMPLAINT NOTICE OF REMOVAL against Eddy Martinez. Filing fees $ 402.00 receipt number AFLSDC-14876221, filed by Nicklaus Children's Health System Executive Severance Policy, Miami Children's Health System, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Steinberg, Martin)(No Answer/Motion to Dismiss Filed) Modified text on 7/27/2021 (jbs). |
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