Alfredo Murciano, M.D., P.A. v. Aetna Life Insurance Company
| Alfredo Murciano, M.D., P.A. |
| Aetna Life Insurance Company |
| 1:2022cv23422 |
| October 20, 2022 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER granting #27 the Motion for Leave to File Under Seal. The Plaintiff shall file the designated document under seal in accordance with Local Rule 5.4(b). Signed by Judge Roy K. Altman on 12/16/2022. (mg01)
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| SYSTEM ENTRY - Docket Entry 29 [misc] restricted/sealed until further notice. (993693) |
| Filing 27 Unopposed MOTION to Seal for Leave to File Under Seal Portions of Plaintiff's Memorandum of Law in Opposition to Aetna's Motion for Judgment on the Pleadings per Local Rule 5.4 by Alfredo Murciano, M.D., P.A.. (Attachments: #1 Text of Proposed Order Proposed Order) (Descalzo, Marissel) |
| Filing 26 RESPONSE to Motion re #22 Defendant's MOTION for Judgment on the Pleadings Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint),, Baseless Claim for Fee Shifting filed by Alfredo Murciano, M.D., P.A.. Replies due by 12/22/2022. (Descalzo, Marissel) |
| Filing 25 NOTICE of Attorney Appearance by Samantha Marie Kunin on behalf of Aetna Life Insurance Company. Attorney Samantha Marie Kunin added to party Aetna Life Insurance Company(pty:dft). (Kunin, Samantha) |
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Filing 24
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID. Signed by Magistrate Judge Lisette M. Reid on 12/1/2022. See attached document for full details. (drz)
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Filing 23
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/13/2023 in Miami Division before Judge Roy K. Altman., Calendar Call set for 11/7/2023 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 1/17/2023., Discovery due by 7/18/2023., Expert Discovery due by 7/18/2023., Joinder of Parties due by 1/17/2023., Mediation Deadline 8/1/2023., In Limine Motions due by 10/9/2023., Dispositive Motions due by 8/9/2023., Motions due by 8/9/2023., Pretrial Stipulation due by 10/30/2023.). Signed by Judge Roy K. Altman on 12/1/2022. See attached document for full details. (drz) #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 22 Defendant's MOTION for Judgment on the Pleadings , Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint),, Baseless Claim for Fee Shifting ( Responses due by 12/15/2022) by Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Motions to Strike and Orders)(DePiano, David) |
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Filing 21
ORDER granting #16 Motion for Entry of Stipulated HIPAA-Qualified Protective Order. Signed by Judge Roy K. Altman on 11/30/2022. See attached document for full details. (mg01)
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Filing 20
ORDER granting #15 Motion for Entry of Stipulated Confidentiality Order. Signed by Judge Roy K. Altman on 11/30/2022. See attached document for full details. (mg01)
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Filing 19
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID: Signed by Magistrate Judge Lisette M. Reid on 11/30/2022. See attached document for full details. (nan)
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| Filing 16 Joint MOTION for Entry of Stipulated HIPAA-Qualified Protective Order by Aetna Life Insurance Company. (Attachments: #1 Exhibit 1 - Proposed Stipulated HIPAA-Qualified Protective Order)(DePiano, David) |
| Filing 15 Joint MOTION for Entry of Stipulated Confidentiality Order by Aetna Life Insurance Company. (Attachments: #1 Exhibit 1 - Proposed Stipulated Confidentiality Order)(DePiano, David) |
| Reset Deadlines to reflect 2023. Amended Pleadings due by 1/17/2023. Joinder of Parties due by 1/17/2023. (asl) |
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Filing 18
ORDER REFERRING CASE to Mediation. Mediation Deadline 8/1/2023. Per Order, DE#17 Signed by Judge Roy K. Altman on 11/29/2022. (nan) Modified text on 11/30/2022 (nan).
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Filing 17
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: SCHEDULING ORDER: ( Jury Trial set for 11/13/2023 in Miami Division before Judge Roy K. Altman., Calendar Call set for 11/7/2023 01:45 PM before Judge Roy K. Altman., Amended Pleadings due by 1/17/2023., Discovery due by 7/18/2023., Expert Discovery due by 7/18/2023., Joinder of Parties due by 1/17/2022., Mediation Deadline 8/1/2023., In Limine Motions due by 10/9/2023., Dispositive Motions due by 8/9/2023., Motions due by 8/9/2023., Pretrial Stipulation due by 10/30/2023.), ORDER REFERRING CASE to Magistrate Judge all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 11/29/2022. See attached document for full details. (nan) #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. Modified text/status per Chambers on 12/1/2022 (sk).
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| Filing 14 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 11/22/2022. Total time in court: 10 minutes. Attorney Appearance(s): David J. DePiano, Walter Tache. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (mg01) |
| Filing 13 NOTICE OF HEARING: the Status Conference is RESET for November 22, 2022, at 11:30 a.m. The parties shall appear via Zoom. The meeting ID is 161 2752 2255 and the passcode is 7777. (mg01) |
| Filing 12 PAPERLESS NOTICE of Hearing: This case is set for a Status Conference on November 21, 2022, at 11:30 a.m. before Judge Roy K. Altman. The parties shall appear via Zoom. The meeting ID is 161 2752 2255 and the passcode is 7777. (mg01) |
| Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by Aetna Life Insurance Company (Attachments: #1 Text of Proposed Order Requesting Rule 16 Scheduling Conference)(DePiano, David) |
| Filing 10 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Aetna Life Insurance Company identifying Corporate Parent CVS Health Corporation, Corporate Parent CVS Pharmacy, Inc., Corporate Parent Aetna Inc. for Aetna Life Insurance Company (DePiano, David) |
| Filing 9 Plaintiff's Certificate of Other Affiliates Certificate of Interested Parties by Alfredo Murciano, M.D., P.A. identifying Corporate Parent Alfredo Murciano, M.D., Other Affiliate Fox Rothschild LLP, Other Affiliate Aetna Life Insurance Company, Other Affiliate Marissel Descalzo, Other Affiliate Alfredo Murciano, MD, PA, Other Affiliate Francis Gless, Other Affiliate Charlie Benitez Gless, Other Affiliate Monica Benitez, Other Affiliate Montana Benitez Gless, Other Affiliate Tache Bronis and Descalzo PA, Other Affiliate David DePiano, Other Affiliate Aetna Inc. for Alfredo Murciano, M.D., P.A. (Descalzo, Marissel) |
| Filing 8 Plaintiff's Corporate Disclosure Statement by Alfredo Murciano, M.D., P.A. identifying Corporate Parent Alfredo Murciano, M.D. for Alfredo Murciano, M.D., P.A. (Descalzo, Marissel) |
| Filing 7 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Aetna Life Insurance Company. (DePiano, David) |
| Filing 6 STATUS REPORT (Removal) by Aetna Life Insurance Company (DePiano, David) |
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Filing 5
ORDER REQUIRING REMOVAL STATUS REPORT AND JOINT SCHEDULING REPORT, ( Status Report due by 11/1/2022.) Joint Scheduling Report due by 11/10/2022 Signed by Judge Roy K. Altman on 10/25/2022. See attached document for full details. (ebz)
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Filing 4
PAPERLESS ORDER granting #3 the Defendant's Unopposed Motion for Extension of Time to Respond to the Complaint. The Defendant shall respond by November 4, 2022. Signed by Judge Roy K. Altman on 10/25/2022. (mg01)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order Granting Defendant's Unopposed Motion for Extension of Time to Respond to Complaint)(DePiano, David) |
| Set/Reset Response/Answer Due Deadline: Aetna Life Insurance Company response/answer due 11/4/2022. Per DE 4 Order. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16039976, filed by Aetna Life Insurance Company. No Answer/ Motion to Dismiss Filed (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite Exhibit 1 - State Court Record / Complaint, #3 Exhibit Exhibit 2 - Notice of Service of Process from FL CFO, #4 Exhibit Exhibit 3 - Printout from FL Div of Corp re Plf, #5 Exhibit Composite Exhibit 4 - Printouts from CT and FL Div of Corp re Def, #6 Exhibit Exhibit 5 - Declaration of David J. DePiano, Esq., #7 Exhibit Exhibit 6 - Def's Notice of Filing Notice of Removal)(DePiano, David) Modified text & attachment description on 10/20/2022 (rbe). |
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| Plaintiff: Alfredo Murciano, M.D., P.A. | |
| Represented By: | Marissel Descalzo |
| Represented By: | Monica Elena Fernandez |
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| Defendant: Aetna Life Insurance Company | |
| Represented By: | David J. DePiano |
| Represented By: | Samantha Marie Kunin |
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