Government Employees Insurance Co. et al v. Cutler, D.P.M. et al
Plaintiff: Government Employees Insurance Co., GEICO Indemnity Co., GEICO General Insurance Company and GEICO Casualty Co.
Defendant: Jonathan Cutler, D.P.M., Central Palm Beach Surgery Center LTD, Spine and Orthopaedic Specialists of Central Florida, LLC, Spine and Neurosurgical Specialists of South Florida, LLC, Spine Specialists of South Florida, LLC and Spine and Orthopedic Specialists of Tampa, LLC
Case Number: 1:2023cv23537
Filed: September 15, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Paul C Huck
Referring Judge: Rodolfo A Ruiz
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2023 Opinion or Order Filing 19 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. The parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1, by December 4, 2023. In addition, by December 4, 2023, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements. Signed by Judge Rodolfo A. Ruiz, II on 11/6/2023. See attached document for full details. (rbe)
November 6, 2023 Opinion or Order Filing 18 PAPERLESS ORDER granting #17 Unopposed Motion for Extension of Time. Defendants shall respond to the Complaint on or before November 28, 2023. Signed by Judge Rodolfo A. Ruiz, II on 11/6/2023. (agh)
November 6, 2023 Filing 17 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,,, (Unopposed) by Central Palm Beach Surgery Center LTD, Jonathan Cutler, D.P.M., Spine Specialists of South Florida, LLC, Spine and Neurosurgical Specialists of South Florida, LLC, Spine and Orthopaedic Specialists of Central Florida, LLC, Spine and Orthopedic Specialists of Tampa, LLC. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
November 6, 2023 Reset Answer Due Deadline: All Defendants answer due 11/28/2023 per d.e. 18 Order. (mee)
October 19, 2023 Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed and Disclosure of Parties in a Diversity Case Pursuant to Fed. R. Civ. P. 7.1(a)(2) by Central Palm Beach Surgery Center LTD, Jonathan Cutler, D.P.M., Spine Specialists of South Florida, LLC, Spine and Neurosurgical Specialists of South Florida, LLC, Spine and Orthopaedic Specialists of Central Florida, LLC, Spine and Orthopedic Specialists of Tampa, LLC (Kolaya, Timothy)
October 16, 2023 Set Deadlines Per DE#14. Answer due 11/7/2023 for All Defendants. Per DE#14. (cqs)
October 13, 2023 Opinion or Order Filing 15 ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Rodolfo A. Ruiz, II on 10/13/2023. See attached document for full details. (rbe)
October 13, 2023 Opinion or Order Filing 14 PAPERLESS ORDER granting Defendants' Unopposed Motion for Extension of Time, ECF No. #7 . Defendants shall respond to the Complaint on or before November 7, 2023. Signed by Judge Rodolfo A. Ruiz, II on 10/13/2023. (agh)
October 13, 2023 Filing 13 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.. Spine Specialists of South Florida, LLC served on 9/26/2023, response/answer due 10/17/2023. (Wenger, Kristen)
October 13, 2023 Filing 12 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.. Spine and Orthopedic Specialists of Tampa, LLC served on 9/26/2023, response/answer due 10/17/2023. (Wenger, Kristen)
October 13, 2023 Filing 11 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.. Central Palm Beach Surgery Center LTD served on 9/26/2023, response/answer due 10/17/2023. (Wenger, Kristen)
October 13, 2023 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 Co., GEICO Casualty Co., Government Employees Insurance Co.. Spine and Neurosurgical Specialists of South Florida, LLC served on 9/26/2023, response/answer due 10/17/2023. (Wenger, Kristen)
October 13, 2023 Filing 9 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.. Spine and Orthopaedic Specialists of Central Florida, LLC served on 9/26/2023, response/answer due 10/17/2023. (Wenger, Kristen)
October 13, 2023 Filing 8 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.. Jonathan Cutler, D.P.M. served on 9/26/2023, response/answer due 10/17/2023. (Wenger, Kristen)
October 13, 2023 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,,,, by Central Palm Beach Surgery Center LTD, Jonathan Cutler, D.P.M., Spine Specialists of South Florida, LLC, Spine and Neurosurgical Specialists of South Florida, LLC, Spine and Orthopaedic Specialists of Central Florida, LLC, Spine and Orthopedic Specialists of Tampa, LLC. Attorney Timothy Andrew Kolaya added to party Central Palm Beach Surgery Center LTD(pty:dft), Attorney Timothy Andrew Kolaya added to party Jonathan Cutler, D.P.M.(pty:dft), Attorney Timothy Andrew Kolaya added to party Spine Specialists of South Florida, LLC(pty:dft), Attorney Timothy Andrew Kolaya added to party Spine and Neurosurgical Specialists of South Florida, LLC(pty:dft), Attorney Timothy Andrew Kolaya added to party Spine and Orthopaedic Specialists of Central Florida, LLC(pty:dft), Attorney Timothy Andrew Kolaya added to party Spine and Orthopedic Specialists of Tampa, LLC(pty:dft). (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy)
September 22, 2023 Opinion or Order Filing 6 ORDER OF RECUSAL. Senior Judge Paul C. Huck recused. Case reassigned to Judge Rodolfo A. Ruiz, II for all further proceedings. Signed by Senior Judge Paul C. Huck on 9/21/2023. See attached document for full details. (vjk)
September 20, 2023 Filing 5 Certificate of Other Affiliates/Corporate Disclosure Statement by GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. identifying Corporate Parent Bershire Hathaway, Inc., Corporate Parent GEICO Corporation for GEICO Casualty Co., GEICO General Insurance Company, GEICO Indemnity Co., Government Employees Insurance Co. (Marino, John)
September 15, 2023 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. (rbe)
September 15, 2023 Filing 3 Summons Issued as to Central Palm Beach Surgery Center LTD, Jonathan Cutler, D.P.M., Spine Specialists of South Florida, LLC, Spine and Neurosurgical Specialists of South Florida, LLC, Spine and Orthopaedic Specialists of Central Florida, LLC, Spine and Orthopedic Specialists of Tampa, LLC. (rbe)
September 15, 2023 Filing 2 Clerks Notice of Judge Assignment to Senior Judge Paul C. Huck. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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)
September 15, 2023 Filing 1 COMPLAINT against Central Palm Beach Surgery Center Ltd, Jonathan Cutler, DPM, Spine Specialists of South Florida, LLC, Spine and Neurosurgical Specialists of South Florida, LLC, Spine and Orthopaedic Specialists of Central Florida, LLC, Spine and Orthopedic Specialists of Tampa, LLC. Filing fees $ 402.00 receipt number AFLSDC-16921032, filed by GEICO General Insurance Company, GEICO Indemnity Co., GEICO Casualty Co., Government Employees Insurance Co.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Proposed Summons - Jonathan Cutler, DPM, #3 Summon(s) Proposed Summons - Central Palm Beach Surgery Center Ltd, #4 Summon(s) Proposed Summons - Spine and Orthopaedic Specialists of Central Florida, LLC, #5 Summon(s) Proposed Summons - Spine and Neurosurgical Specialists of South Florida, LLC, #6 Summon(s) Proposed Summons - Spine Specialists of South Florida, LLC, #7 Summon(s) Proposed Summons - Spine and Orthopedic Specialists of Tampa, LLC, #8 Exhibit 1 - Representative Sample of Fraudulent Claims Identified to Date - Spine and Orthopaedic Specialists of Central Florida, LLC, #9 Exhibit 2 - Representative Sample of Fraudulent Claims Identified to Date - Spine Specialists of South Florida, LLC, #10 Exhibit 3 - Representative Sample of Fraudulent Claims Identified to Date - Spine and Neurosurgical Specialists of South Florida, LLC, #11 Exhibit 4 - Representative Sample of Fraudulent Claims Identified to Date - Spine and Orthopedic Specialists of Tampa, LLC, #12 Exhibit 5 - Representative Sample of Fraudulent Claims Identified to Date - Central Palm Beach Surgery Center Ltd)(Gershenoff, Max)

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Plaintiff: Government Employees Insurance Co.
Represented By: John Patrick Marino
Represented By: Kristen L. Wenger
Represented By: Lindsey Ryan Trowell
Represented By: Yonatan Meir Bernstein
Represented By: Max Saulter Gershenoff
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Plaintiff: GEICO Indemnity Co.
Represented By: John Patrick Marino
Represented By: Kristen L. Wenger
Represented By: Lindsey Ryan Trowell
Represented By: Yonatan Meir Bernstein
Represented By: Max Saulter Gershenoff
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Plaintiff: GEICO General Insurance Company
Represented By: John Patrick Marino
Represented By: Kristen L. Wenger
Represented By: Lindsey Ryan Trowell
Represented By: Yonatan Meir Bernstein
Represented By: Max Saulter Gershenoff
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Plaintiff: GEICO Casualty Co.
Represented By: John Patrick Marino
Represented By: Kristen L. Wenger
Represented By: Lindsey Ryan Trowell
Represented By: Yonatan Meir Bernstein
Represented By: Max Saulter Gershenoff
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Defendant: Jonathan Cutler, D.P.M.
Represented By: Timothy Andrew Kolaya
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Defendant: Central Palm Beach Surgery Center LTD
Represented By: Timothy Andrew Kolaya
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Defendant: Spine and Orthopaedic Specialists of Central Florida, LLC
Represented By: Timothy Andrew Kolaya
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Defendant: Spine and Neurosurgical Specialists of South Florida, LLC
Represented By: Timothy Andrew Kolaya
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Defendant: Spine Specialists of South Florida, LLC
Represented By: Timothy Andrew Kolaya
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Defendant: Spine and Orthopedic Specialists of Tampa, LLC
Represented By: Timothy Andrew Kolaya
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