Government Employees Insurance Company et al v. Marquez et al
| Government Employees Insurance Company, GEICO Indemnity Company, GEICO General Insurance Company and GEICO Casualty Company |
| Jose Antonio Marquez, East Coast Medical Rehab, Inc., Johanna A. Ferrer, Amalia Montana, Ray Medical Center, Inc., Jose D. Saa, M.D. Luis E. Grau, L.M.T. Mirtha Fernandez Fleites and L.M.T. Liuba Arbolaez |
| 1:2022cv20617 |
| March 1, 2022 |
| US District Court for the Southern District of Florida |
| James Lawrence King |
| Lauren Fleischer Louis |
| K Michael Moore |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Defendant |
Docket Report
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| Filing 23 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Luis E. Grau. (D'Anna, Ronald) |
| Filing 22 RESPONSE in Opposition re #18 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Amended Response in Opposition to Defendants' Motion to Dismiss filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. Replies due by 5/6/2022. (Wenger, Kristen) |
| Filing 21 RESPONSE in Opposition re #18 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. Replies due by 5/6/2022. (Wenger, Kristen) |
Filing 20
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS #18 . THIS CAUSE came before the Court upon Defendants Ray Medical Center, Inc., Jose D. Saa, Mirtha Fernandez Fleites, and Liuba Arbolaez's Motion to Dismiss. #18 . Therein, Defendants move to dismiss Plaintiffs' Complaint #1 for failure to state a claim upon which relief can be granted. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiffs an opportunity to cure the purported pleading defects by granting Plaintiffs leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiffs are ORDERED to either amend the Complaint #1 on or before May 16, 2022, or respond to the Motion to Dismiss #18 on or before May 9, 2022. Signed by Judge K. Michael Moore on 4/26/2022. (soy)
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| Reset Deadlines: Amended Complaint due by 5/16/2022. Per d.e. 20 Order. (mee) |
| Reset Answer Due Deadline: Luis E. Grau response/answer due 4/29/2022. Per d.e. 19 Order. (mee) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Luis E. Grau's Unopposed Motion for Extension of Time. #16 . Therein, Defendant Grau requests an extension of time to respond to the Complaint due to its length and complexity. See generally id. 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 Plaintiff's Unopposed Motion for Extension of Time #16 is GRANTED IN PART and DENIED IN PART. Defendant Grau shall respond to the Complaint on or before April 29, 2022. Signed by Judge K. Michael Moore on 4/25/2022. (soy)
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| Filing 18 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Liuba Arbolaez, Mirtha Fernandez Fleites, Ray Medical Center, Inc., Jose D. Saa. Responses due by 5/9/2022 (Cruanes, Carlos) |
| Filing 17 NOTICE of Attorney Appearance by Ronald E. D'Anna on behalf of Luis E. Grau (D'Anna, Ronald) |
| Filing 16 First MOTION for Extension of Time respond to complaint re #1 Complaint, by Luis E. Grau. Attorney Ronald E. D'Anna added to party Luis E. Grau(pty:dft). Responses due by 4/29/2022 (D'Anna, Ronald) |
| Filing 15 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Joint Notice of Settlement, which states that Plaintiffs Government Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Company, and GEICO Casualty Co. and Defendants East Coast Medical Rehab, Inc. and Johanna A. Ferrer "have reached a settlement that will resolve Plaintiffs' First, Second, Third, Fourth, Fifth, Sixth, and Seventh Causes of Action against Johanna A. Ferrer, East Coast Medical Rehab, Inc., Jose Antonio Marquez, M.D., and Amalia Montana, L.M.T." #14 . The settling parties are hereby directed to file a stipulation of dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within forty (40) days from the date of this Notice. Signed by Judge K. Michael Moore on 4/6/2022. (soy) |
| Filing 14 NOTICE of Settlement /Joint Notice of Settlement as to Defendants Johanna A. Ferrer, East Coast Medical Rehab, Inc., Jose Antonio Marquez, M.D., and Amalia Montana, L.M.T. by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Wenger, Kristen) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Ray Medical Center, Inc., Jose D. Saa, Mirtha Fernandez Fleites, and Liuba Arbolaez's unopposed Motion for Extension of Time. #12 . 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 Defendants' Motion #12 is GRANTED. Defendants Ray Medical Center, Inc., Jose D. Saa, Mirtha Frenandez Fleites, and Liuba Arbolaez shall respond to Plaintiffs' Complaint on or before April 25, 2022. Signed by Judge K. Michael Moore on 3/31/2022. (soy)
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| Filing 12 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Liuba Arbolaez, Mirtha Fernandez Fleites, Ray Medical Center, Inc., Jose D. Saa. (Cruanes, Carlos) |
| Filing 11 NOTICE of Attorney Appearance by Carlos Cruanes on behalf of Liuba Arbolaez, Mirtha Fernandez Fleites, Ray Medical Center, Inc., Jose D. Saa. Attorney Carlos Cruanes added to party Liuba Arbolaez(pty:dft), Attorney Carlos Cruanes added to party Mirtha Fernandez Fleites(pty:dft), Attorney Carlos Cruanes added to party Ray Medical Center, Inc.(pty:dft), Attorney Carlos Cruanes added to party Jose D. Saa(pty:dft). (Cruanes, Carlos) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. Liuba Arbolaez served on 3/15/2022, response/answer due 4/5/2022; Mirtha Fernandez Fleites served on 3/15/2022, response/answer due 4/5/2022; Luis E. Grau served on 3/15/2022, response/answer due 4/5/2022; Jose Antonio Marquez served on 3/16/2022, response/answer due 4/6/2022; Ray Medical Center, Inc. served on 3/15/2022, response/answer due 4/5/2022; Jose D. Saa served on 3/15/2022, response/answer due 4/5/2022. (Attachments: #1 Affidavit of Service for Jose Antonio Marquez, MD, #2 Affidavit of Service for Jose Saa, #3 Affidavit of Service for Luis E. Grau, MD, #4 Affidavit of Service for Ray Medical Center, Inc., #5 Affidavit of Service for Mirtha Fernandez Fleites, LMT, #6 Affidavit of Service Liuba Arbolaez, LMT)(Wenger, Kristen) |
| Filing 9 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent GEICO Corporation for GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company (Marino, John) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing as to Colleen O'Neil of the law firm of Rivkin Radler. #7 . 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 #7 is GRANTED. Colleen O'Neil may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to Colleen.O'Neil@rivkin.com. Signed by Judge K. Michael Moore on 3/15/2022. (soy)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Colleen O'Neil. Filing Fee $ 200.00 Receipt # AFLSDC-15476540 by GEICO Casualty Company, GEICO General Insurance Company, GEICO Indemnity Company, Government Employees Insurance Company. Responses due by 3/29/2022 (Attachments: #1 Exhibit 1 - Proposed Order)(Marino, John) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. 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 F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 3/4/2022. (tgr)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 Judge K. Michael Moore on 3/4/2022. (tgr)
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Filing 4
ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge K. Michael Moore for all further proceedings. Signed by Senior Judge James Lawrence King on 3/2/2022. See attached document for full details. (vjk)
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| Filing 3 Summons Issued as to Liuba Arbolaez, East Coast Medical Rehab, Inc., Johanna A. Ferrer, Mirtha Fernandez Fleites, Luis E. Grau, Jose Antonio Marquez, Amalia Montana, Ray Medical Center, Inc., Jose D. Saa. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (mee) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15437157, filed by GEICO General Insurance Company, GEICO Indemnity Company, GEICO Casualty Company, Government Employees Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit East Coast Medical, #4 Exhibit Ray Medical)(Marino, John) |
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