Mella v. United Healthcare Services, Inc.
Plaintiff: Elio Mella
Defendant: United Healthcare Services, Inc. and Xavier Becerra
Case Number: 1:2021cv22758
Filed: July 29, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2021 Filing 21 Defendant's MOTION TO DISMISS #13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by United Healthcare Services, Inc.. Responses due by 9/29/2021 (Gerson, Shari)
September 10, 2021 Filing 20 NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for 2/28/2022 at 12:00 p.m.. (Arrizabalaga, Markel)
September 10, 2021 Opinion or Order Filing 19 ORDER Scheduling Mediation before Markel Arrizabalaga Mediation Hearing set for 2/28/2022 12:00 PM Signed by Judge Beth Bloom on 9/10/2021. See attached document for full details. (pcs)
September 10, 2021 Opinion or Order Filing 18 PAPERLESS ORDER granting #17 Joint Motion to Mediate Virtually. Signed by Judge Beth Bloom (ak03)
September 10, 2021 Filing 17 Joint MOTION to Mediate Virtually re #10 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,,, Order Referring Case to Mediation,,,, by United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Gerson, Shari)
September 9, 2021 Filing 16 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for 02/28/2022 at 12:00p.m.. (Attachments: #1 Text of Proposed Order)(Gerson, Shari)
September 1, 2021 Filing 15 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Xavier Becerra. (Pomares, Melissa)
September 1, 2021 Filing 14 Clerks Notice to Filer re #13 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs)
September 1, 2021 Filing 13 AMENDED COMPLAINT against Elio Mella filed in response to Order Granting Motion for Leave, filed by Elio Mella. (Attachments: #1 Exhibit A)(Pomares, Melissa)
August 31, 2021 Opinion or Order Filing 12 ORDER ON MOTION TO DISMISS denying as moot #5 Motion to Dismiss for Failure to State a Claim; denying as moot #5 Motion to Dismiss for Lack of Jurisdiction (Amended Complaint due by 9/7/2021.) Signed by Judge Beth Bloom on 8/31/2021. See attached document for full details. (pcs)
August 30, 2021 Filing 11 RESPONSE to Motion re #5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Elio Mella. Replies due by 9/7/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pomares, Melissa)
August 20, 2021 Opinion or Order Filing 10 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 10/19/2021., Discovery due by 5/31/2022., Expert Discovery due by 5/31/2022., Joinder of Parties due by 10/19/2021., Mediation Deadline 6/14/2022., In Limine Motions due by 6/22/2022., Dispositive Motions due by 6/22/2022., Motions due by 6/22/2022., Pretrial Stipulation due by 9/12/2022., Jury Trial set for 9/26/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 9/20/2022 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 8/20/2021. See attached document for full details. (pcs) #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 19, 2021 Filing 9 Joint SCHEDULING REPORT - Rule 16.1 by Elio Mella (Pomares, Melissa)
August 18, 2021 Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by United Healthcare Services, Inc. identifying Corporate Parent UnitedHealth Group Incorporated, Other Affiliate UHIC Holdings, Inc., Other Affiliate UnitedHealthcare Insurance Company for United Healthcare Services, Inc. (Gerson, Shari)
August 17, 2021 Opinion or Order Filing 7 PAPERLESS ORDER granting #6 Motion for Extension of Time to Respond to Motion to Dismiss by August 30, 2021. Signed by Judge Beth Bloom (BB)
August 17, 2021 Filing 6 Plaintiff's MOTION for Extension of Time to Respond to Motion to Dismiss re #5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Elio Mella. Responses due by 8/31/2021 (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(Pomares, Melissa)
August 5, 2021 Filing 5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), ( Responses due by 8/19/2021) by United Healthcare Services, Inc.. (Gerson, Shari)
August 4, 2021 Filing 4 NOTICE by United Healthcare Services, Inc. re #3 Order Requiring Joint Scheduling Report,, Set Answer Due Deadline,, Notice of Court Practice/to Appear/Other, OF FILING DOCKET SHEET IN CIRCUIT COURT ACTION (Attachments: #1 Docket Sheet from Circuit Court Action, Case No. 2021-14091-CA) (Gerson, Shari)
July 30, 2021 Opinion or Order Filing 3 ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES(Joint Scheduling Report due by 8/19/2021, United Healthcare Services, Inc. response due 8/5/2021.) Signed by Judge Beth Bloom on 7/29/2021. See attached document for full details. (pcs)
July 29, 2021 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. (pcs)
July 29, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-14885029, filed by United Healthcare Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Part 1 of 2, Declaration of Jane Stalinski, #3 Exhibit A - Part 2 of 2, Declaration of Jane Stalinski, #4 Exhibit B - Documents served upon United in the State Court Action)(Gerson, Shari) No Answer/Motion to Dismiss filed. Modified on 7/29/2021 (pcs).

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Plaintiff: Elio Mella
Represented By: Melissa Kristine Pomares
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Defendant: United Healthcare Services, Inc.
Represented By: Shari Lyn Gerson
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Defendant: Xavier Becerra
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