Calcaterra v. Baptist Health South Florida, Inc. et al
| Domenico Calcaterra |
| Baptist Health South Florida, Inc. and Bethesda Health Physician Group, Inc. |
| 1:2023cv20364 |
| January 30, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3730 Qui Tam False Claims Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 Defendant's REPLY to Response to Motion re #11 Defendant's MOTION to Compel Arbitration Defendant's MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Baptist Health South Florida, Inc., Bethesda Health Physician Group, Inc.. (Yannuzzi, Christopher) |
| Filing 13 Plaintiff's RESPONSE to #11 Defendant's MOTION to Compel Arbitration Defendant's MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Domenico Calcaterra. (Costales, Gary) |
| Filing 12 Unopposed MOTION to Stay re 8 Order on Motion for Extension of Time,, - Motion to Stay Certain Deadlines Pending Court's Ruling on Motion to Compel Arbitration by Baptist Health South Florida, Inc., Bethesda Health Physician Group, Inc.. Responses due by 3/21/2023 (Yannuzzi, Christopher) |
| Filing 11 Defendant's MOTION to Compel Arbitration ( Responses due by 3/21/2023), Defendant's MOTION TO DISMISS #9 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Baptist Health South Florida, Inc., Bethesda Health Physician Group, Inc.. (Attachments: #1 Exhibit A - Physician Employment Agreement, #2 Exhibit B - Calcaterra Arbitration Demand)(Yannuzzi, Christopher) |
Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its Amended Complaint. #9 . The amended complaint moots Defendant's Motion to Dismiss. #6 . Accordingly, UPON CONSIDERATION of the Amended Complaint #9 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss #6 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/7/2023. (fpi)
|
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Domenico Calcaterra.(Costales, Gary) |
|
Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Plaintiff's Unopposed Motion for Extension of Time. #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. Plaintiff shall file its response to Defendants' Motion to Compel Arbitration #6 on or before March 6, 2023. It is further ORDERED that the Parties shall conduct their scheduling conference on or before March 7, 2023, and shall file their joint scheduling report on or before March 17, 2023. Signed by Judge K. Michael Moore on 2/17/2023. (fpi)
|
| Filing 7 Unopposed MOTION for Extension of Time file a Response to Motion to Compel or Motion to Dismiss and to file a JSR re #6 Defendant's MOTION to Compel Arbitration MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , 3 Pretrial Order,,,,,,,,,,,,,,,,,,, by Domenico Calcaterra. Responses due by 3/3/2023 (Costales, Gary) |
| Filing 6 Defendant's MOTION to Compel Arbitration ( Responses due by 2/21/2023), MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Baptist Health South Florida, Inc., Bethesda Health Physician Group, Inc.. (Attachments: #1 Exhibit A - Physician Employment Agreement, #2 Exhibit B - Calcaterra Arbitration Demand)(Yannuzzi, Christopher) |
| Filing 5 Bar Letter re: Admissions sent to attorney Tina Glandian, mailing date January 30, 2023, (pt) |
|
Filing 4
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 1/30/2023. (fpi)
|
|
Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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 (3) 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 1/30/2023. (fpi)
|
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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-16278732, filed by Bethesda Health Physician Group, Inc., Baptist Health South Florida, Inc. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - State Court Complaint, #3 Exhibit - E-mails re: acceptance of service, #4 Docket Sheet - State Court Docket as of 1/30/23)(Yannuzzi, Christopher) Modified text & attachment description on 1/30/2023 (rbe). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
