Government Employees Insurance Co. et al v. Alliance Spine & Joint II, Inc et al
| Government Employees Insurance Co., Geico Indemnity Co., GEICO General Insurance Company and Geico Casualty Co. |
| Alliance Spine & Joint II, Inc, Sagi Shaked, Aaron Michael Friedeberg, Advanced Chiropractic and Medical Center Corp., D.C. Amir Mohit-Kermani, Aventura MRI, Inc. D/B/A Iconic Imaging, M.D. Andrew Akerman, M.D. Heather Kahan and Aventura MRI, Inc. doing business as Iconic Imaging |
| 1:2022cv23388 |
| October 18, 2022 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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Filing 33
ORDER ADMINISTRATIVELY CLOSING CASE. Denied as Moot: #20 MOTION to Dismiss with Prejudice #1 Complaint, filed by Amir Mohit-Kermani, Advanced Chiropractic and Medical Center Corp.. Signed by Judge Beth Bloom on 1/30/2023. See attached document for full details. (cds)
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| Filing 32 NOTICE of Settlement /Joint Notice of Settlement as to Defendants Advanced Chiropractic and Medical Center Corp. and Amir Mohit-Kermani by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Marino, John) |
| Reset Deadlines/Hearings as to #20 MOTION to Dismiss with Prejudice #1 Complaint, . Replies due by 1/27/2023. PER DE#31 (cds) |
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Filing 31
PAPERLESS ORDER granting #30 Defendants Advanced Chiropractic and Medical Center Corp. and Amir-Mohit Kermani's Unopposed Motion for Extension of Time to File Their Reply to Plaintiffs' Response to Defendants' Motion to Dismiss and/or for Colorado River Abstention. Defendant's Reply is due on January 27, 2023. Signed by Judge Beth Bloom (jg01)
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| Filing 30 MOTION for Extension of Time to File Response/Reply/Answer by Advanced Chiropractic and Medical Center Corp., Amir Mohit-Kermani. (Attachments: #1 Exhibit Proposed Order on Defendant's Unopposed Motion for Extension of Time to File a Reply to Plaintiff's Rsponse to Advanced Chiropractic and Amir-Mohit Kermani's Motionto Dismiss)(Schurr, Kenneth) |
| Filing 29 RESPONSE in Opposition re #20 MOTION to Dismiss with Prejudice #1 Complaint, / to Advanced Chiropractic and Medical Center Corp and Amir Mohit-Kermani's Motion to Dismiss or for Abstention filed by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co.. Replies due by 1/13/2023. (Attachments: #1 Exhibit Ex. 1 - Transcript)(Marino, John) |
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Filing 28
ORDER OF DISMISSAL WITH PREJUDICE AS TO CERTAIN DEFENDANTS. Aventura MRI, Inc., Aaron Michael Friedeberg, Heather Kahan, Sagi Shaked, Andrew Akerman and Alliance Spine & Joint II, Inc re #25 Stipulation of Dismissal,, Signed by Judge Beth Bloom on 12/23/2022. See attached document for full details. (drz)
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Filing 27
ORDER Scheduling Mediation before Norman Gerstein via Zoom. Mediation Hearing set for 4/18/2023 10:00 AM. Signed by Judge Beth Bloom on 12/23/2022. See attached document for full details. (drz)
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| Filing 26 NOTICE by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. /Joint Notice of Filing [Proposed] Order Scheduling Mediation (Attachments: #1 Exhibit 1 - Proposed Order) (Marino, John) |
| Filing 25 STIPULATION of Dismissal with Prejudice, Plaintiffs' Third, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Causes of Action as to Defendants Alliance Spine & Joint II, Inc., Sagi Shaked, Aaron Michael Friedeberg, Aventura MRI, Inc d/b/a Iconic Imaging, Andrew Akerman, M.D., and Heather Kahan, M.D. by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Marino, John) |
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Filing 24
PAPERLESS ORDER granting #23 Plaintiffs' Motion for Extension of Time to Respond to Advanced Chiropractic and Medical Center Corp. and Amir-Mohit Kermani's Motion to Dismiss. Plaintiffs shall file their response to the motion to dismiss no later than January 6, 2023, to which Defendants shall file their reply no later than January 20, 2023. Response due by 1/6/2023; Repliy due by 1/20/2023. Signed by Judge Beth Bloom (ak03)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 MOTION to Dismiss with Prejudice #1 Complaint, by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co.. (Attachments: #1 Exhibit 1 - Proposed Order)(Wenger, Kristen) |
| Reset Response/Answer Due Deadline: Andrew Akerman response/answer due 12/22/2022; Alliance Spine & Joint II, Inc response/answer due 12/22/2022; Aventura MRI, Inc. response/answer due 12/22/2022; Aaron Michael Friedeberg response/answer due 12/22/2022; Heather Kahan response/answer due 12/22/2022; Sagi Shaked response/answer due 12/22/2022. PER DE#22 (cds) |
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Filing 22
PAPERLESS ORDER granting #21 Defendants Alliance Spine & Joint II, Inc., Sagi Shaked, Aaron Friedeberg, Aventura MRI, Inc., Andrew Akerman, and Heather Kahan's Unopposed Third Motion for Extension of Time to Respond to Complaint. Defendants shall file their response to the Complaint no later than December 22, 2022. Signed by Judge Beth Bloom (ak03)
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| Filing 21 Unopposed MOTION for Extension of Time to respond to the Complaint re #1 Complaint, by Andrew Akerman, Alliance Spine & Joint II, Inc, Aventura MRI, Inc., Aaron Michael Friedeberg, Heather Kahan, Sagi Shaked. Attorney Amy Michelle Bowers added to party Andrew Akerman(pty:dft), Attorney Amy Michelle Bowers added to party Alliance Spine & Joint II, Inc(pty:dft), Attorney Amy Michelle Bowers added to party Aventura MRI, Inc. (pty:dft), Attorney Amy Michelle Bowers added to party Aaron Michael Friedeberg(pty:dft), Attorney Amy Michelle Bowers added to party Heather Kahan(pty:dft), Attorney Amy Michelle Bowers added to party Sagi Shaked(pty:dft). Responses due by 12/29/2022 (Attachments: #1 Text of Proposed Order)(Bowers, Amy) |
| Filing 20 MOTION to Dismiss with Prejudice #1 Complaint, by Advanced Chiropractic and Medical Center Corp., Amir Mohit-Kermani. Responses due by 12/28/2022 (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F)(Schurr, Kenneth) |
| Filing 19 MOTION to Withdraw Document #18 MOTION for Extension of Time for Rule 16 Conference by Advanced Chiropractic and Medical Center Corp., Amir Mohit-Kermani. Responses due by 12/27/2022 (Schurr, Kenneth) |
| Filing 18 MOTION for Extension of Time for Rule 16 Conference by Advanced Chiropractic and Medical Center Corp., Amir Mohit-Kermani. Responses due by 12/27/2022 (Schurr, Kenneth) |
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Filing 17
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Amended Pleadings due by 2/3/2023. Discovery due by 10/17/2023. Fact Discovery due by 10/17/2023. Expert Discovery due by 10/17/2023. Mediation Deadline 10/31/2023., In Limine Motions due by 11/8/2023. Dispositive Motions due by 11/8/2023. Motions due by 11/8/2023. Pretrial Stipulation due by 1/29/2023. ORDER REFERRING CASE to Mediation. Mediation Deadline 10/31/2023. ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 12/5/2022. See attached document for full details. (mab) #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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| Calendar Call set for 2/6/2024 01:45 PM in Miami Division before Judge Beth Bloom. Jury Trial set for 2/12/2024 09:00 AM in Miami Division before Judge Beth Bloom. (ak03) |
| Filing 16 Joint SCHEDULING REPORT - Rule 26(f) by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit 1 - Proposed Scheduling Order)(Marino, John) |
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Filing 15
PAPERLESS ORDER granting #14 Defendants Alliance Spine & Joint II, Inc., Sagi Shaked, Aaron Michael Freideberg, Aventury MRI, Inc. d/b/a Iconic Imaging, Andrew Akerman, M.D., and Heather Kahan, M.D.'s Unopposed Second Motion for Extension of Time to Respond to Complaint. Andrew Akerman Response/Answer due 12/15/2022; Alliance Spine & Joint II, Inc. Response/Answer due 12/15/2022; Aventura MRI, Inc. Response/Answer due 12/15/2022; Aaron Michael Friedeberg Response/Answer due 12/15/2022; Heather Kahan Response/Answer due 12/15/2022; Sagi Shaked Response/Answer due 12/15/2022. Signed by Judge Beth Bloom (ak03)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Andrew Akerman, Alliance Spine & Joint II, Inc, Aventura MRI, Inc., Aaron Michael Friedeberg, Heather Kahan, Sagi Shaked. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy) |
| Filing 13 NOTICE of Settlement /Joint Notice as to Defendants Alliance Spine & Joint II, Inc, Sagi Shaked, Aaron Michael Friedeberg, Aventura MRI, Inc. d/b/a Iconic Imaging, Andrew Akerman, M.D., and Heather Kahan, M.D. by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Marino, John) |
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Filing 12
PAPERLESS ORDER granting #11 Defendants Advanced Chiropractic and Medical Center Corp. and Amir Mohit-Kermani's Unopposed Motion for Extension of Time to Respond to Complaint. Defendants shall file their response(s) to the Complaint no later than December 15, 2022. Advanced Chiropractic and Medical Center Corp. Response/Answer due 12/15/2022; Amir Mohit-Kermani Response/Answer due 12/15/2022. Signed by Judge Beth Bloom (ak03)
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| Filing 11 MOTION for Extension of Time to File Response/Reply/Answer by Advanced Chiropractic and Medical Center Corp., Amir Mohit-Kermani. (Attachments: #1 Exhibit Proposed Order on Defendant's Advanced Chiropractic and Medical Cneter and Amir Mohit-Kermani's Unopposed Motion for Extension of Time to respond to Complaint)(Schurr, Kenneth) |
| Filing 10 NOTICE of Attorney Appearance by Kenneth B Schurr on behalf of Advanced Chiropractic and Medical Center Corp., Amir Mohit-Kermani. Attorney Kenneth B Schurr added to party Advanced Chiropractic and Medical Center Corp.(pty:dft), Attorney Kenneth B Schurr added to party Amir Mohit-Kermani(pty:dft). (Schurr, Kenneth) |
| Set/Reset Response/Answer Due Deadline: Andrew Akerman response/answer due 12/1/2022; Alliance Spine & Joint II, Inc response/answer due 12/1/2022; Aventura MRI, Inc. response/answer due 12/1/2022; Aaron Michael Friedeberg response/answer due 12/1/2022; Heather Kahan response/answer due 12/1/2022; Sagi Shaked response/answer due 12/1/2022. PER DE#9 (cds) |
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Filing 9
PAPERLESS ORDER granting #8 Motion for Extension of Time to File a Response/Answer to the Complaint by December 1, 2022. Signed by Judge Beth Bloom (BB)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Andrew Akerman, Alliance Spine & Joint II, Inc, Aventura MRI, Inc., Aaron Michael Friedeberg, Heather Kahan, Sagi Shaked. Attorney Timothy Andrew Kolaya added to party Andrew Akerman(pty:dft), Attorney Timothy Andrew Kolaya added to party Alliance Spine & Joint II, Inc(pty:dft), Attorney Timothy Andrew Kolaya added to party Aventura MRI, Inc. (pty:dft), Attorney Timothy Andrew Kolaya added to party Aaron Michael Friedeberg(pty:dft), Attorney Timothy Andrew Kolaya added to party Heather Kahan(pty:dft), Attorney Timothy Andrew Kolaya added to party Sagi Shaked(pty:dft). (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy) |
| Filing 7 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 Co., Geico Casualty Co., Government Employees Insurance Co.. Advanced Chiropractic and Medical Center Corp. served on 10/25/2022, response/answer due 11/15/2022; Andrew Akerman served on 10/27/2022, response/answer due 11/17/2022; Alliance Spine & Joint II, Inc served on 10/25/2022, response/answer due 11/15/2022; Aventura MRI, Inc. served on 10/25/2022, response/answer due 11/15/2022; Aaron Michael Friedeberg served on 10/25/2022, response/answer due 11/15/2022; Heather Kahan served on 10/26/2022, response/answer due 11/16/2022; Sagi Shaked served on 10/25/2022, response/answer due 11/15/2022. (Attachments: #1 Exhibit Affidavit of Service for Alliance Spine & Joint, II, Inc, #2 Exhibit Affidavit of Service for Advanced Chiropractic and Medical Center Corp, #3 Exhibit Aventura MRI, Inc. d/b/a Iconic Imaging, #4 Exhibit Affidavit of Service for Andrew Akerman, M.D., #5 Exhibit Affidavit of Service for Heather Kahan, M.D., #6 Exhibit Affidavit of Service for Sagi Shaked, #7 Exhibit Affidavit of Service for Aaron Michael Friedeberg)(Wenger, Kristen) |
| Filing 6 Plaintiff's Corporate Disclosure Statement /Certificate of Interested Parties by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. identifying Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway, Inc. for GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Marino, John) |
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Filing 5
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Signed by Judge Beth Bloom on 10/19/2022. See attached document for full details. (swr)
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| Filing 3 Summons Issued as to Advanced Chiropractic and Medical Center Corp., Andrew Akerman, Alliance Spine & Joint II, Inc, Aventura MRI, Inc., Aaron Michael Friedeberg, Heather Kahan, Amir Mohit-Kermani, Sagi Shaked. (swr) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (swr) |
| 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. (swr) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16032317, filed by GEICO General Insurance Company, Geico Indemnity Co., Geico Casualty Co., Government Employees Insurance Co.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1 - Advanced Chiro, #4 Exhibit 2 - Alliance Spine, #5 Exhibit 3 - Aventura MRI)(Marino, John) |
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