Berdasco v. AvMed, Inc.
Plaintiff: Monica Berdasco
Defendant: AvMed, Inc.
Case Number: 1:2023cv20490
Filed: February 7, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Lisette M Reid
Referring Judge: Kathleen M Williams
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1109 Breach of Fiduciary Duties
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 7, 2023 Filing 16 NOTICE of Compliance re 15 Order on Motion for Leave to File. (DE's 7, 7-1, 7-2, ad 7-3 sealed per Chambers and DE 13-2 added to DE 7, as redacted version of the motion) (amb)
April 7, 2023 Opinion or Order Filing 15 PAPERLESS ORDER granting ECF No. #13 Defendant's Motion to Seal. The Clerk of Court is INSTRUCTED to substitute the redacted version of Defendant's Motion to Dismiss Or, Alternatively, to Strike attached as Exhibit B to the instant motion, see ECF No. [13-2], for the unredacted version at ECF No. #7 , and to seal the unredacted version. Additionally, ECF Nos. [7-1]; [7-2]; and [7-3] should be sealed. Signed by Magistrate Judge Lisette M. Reid on 4/7/2023. (jwn)
April 3, 2023 Filing 14 Defendant's REPLY to Response to Motion re #7 Defendant's MOTION to Dismiss #1 Complaint MOTION to Strike filed by AvMed, Inc.. (Schwing, Christina)
March 27, 2023 Filing 13 Unopposed MOTION for Leave to File Under Seal by AvMed, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mansfield, Jennifer)
March 27, 2023 Filing 12 RESPONSE to Motion re #7 Defendant's MOTION to Dismiss #1 Complaint MOTION to Strike filed by Monica Berdasco. Replies due by 4/3/2023. (Santi, Maria)
March 23, 2023 Filing 11 NOTICE of Attorney Appearance by Jennifer A. Mansfield on behalf of AvMed, Inc.. Attorney Jennifer A. Mansfield added to party AvMed, Inc.(pty:dft). (Mansfield, Jennifer)
March 22, 2023 Opinion or Order Filing 10 PAPERLESS ORDER granting ECF No. #9 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss, or, Alternatively, to Strike. As an initial matter, it must be noted that Plaintiff failed to comply with Judge Williams's Practices and Procedures which states in relevant part: "Absent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." Here, Plaintiff did not file its Motion until the day its response was due. Plaintiff is warned that future failure to abide by the Court's Practices and Procedures and this District's Local Rules may result in sanctions. Notwithstanding, good cause exists to grant the extension. Plaintiff shall respond to Defendant's Motion to Dismiss, or, Alternatively, to Strike by March 27, 2023. Signed by Magistrate Judge Lisette M. Reid on 3/22/2023. (jwn)
March 20, 2023 Filing 9 First MOTION for Extension of Time to File Response/Reply/Answer DEFENDANTS MOTION TO DISMISS OR, ALTERNATIVELY, TO STRIKE by Monica Berdasco. (Santi, Maria)
March 15, 2023 Opinion or Order Filing 8 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE LISETTE M. REID. Signed by Magistrate Judge Lisette M. Reid on 3/15/2023. See attached document for full details. (pc)
March 6, 2023 Filing 7 Defendant's MOTION to Dismiss #1 Complaint , MOTION to Strike ( Responses due by 3/20/2023) by AvMed, Inc.. Attorney Christina M. Schwing added to party AvMed, Inc.(pty:dft). (Attachments: #1 Exhibit Denial Letter Redacted, #2 Exhibit Appeal Denial Redacted, #3 Exhibit Medical Records Redacted)(Schwing, Christina) (Additional attachment(s) added on 4/7/2023: #4 Main Document - Motion to Dismiss (Redacted Version per DE 15 Order) (amb). Text Modified on 4/7/2023 (amb).
February 14, 2023 Filing 6 SUMMONS (SEE DE #5 for Image) (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica Berdasco. AvMed, Inc. served on 2/13/2023, response/answer due 3/6/2023. (amb)
February 14, 2023 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Monica Berdasco. AvMed, Inc. served on 2/10/2023, response/answer due 3/3/2023. (Santi, Maria)
February 8, 2023 Opinion or Order Filing 4 ORDER OF REFERRAL AND SETTING TRIAL DATE: (Jury Trial set for 2/26/2024 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 2/20/2024 11:00 AM in Miami Division before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 2/8/2023. See attached document for full details. (pc) #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.
February 7, 2023 Filing 3 Summons Issued as to AvMed, Inc.. (pc)
February 7, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. (pc)
February 7, 2023 Filing 1 COMPLAINT Monica Berdasco against AvMed, Inc.. Filing fees $ 402.00 receipt number AFLSDC-16306405, filed by Monica Berdasco. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summon(s))(Santi, Maria)

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Plaintiff: Monica Berdasco
Represented By: Maria T. Santi
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Defendant: AvMed, Inc.
Represented By: Christina M. Schwing
Represented By: Jennifer A. Mansfield
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