Allstate Insurance Company et al v. Red Diamond Medical Group, LLC et al
| Allstate Insurance Company, Allstate Indemnity Company, Allstate Fire and Casualty Insurance Company and Allstate Property and Casualty Insurance Company |
| Red Diamond Medical Group, LLC, Dragon Clinic, Inc., Unlimited Diagnostic Center, Inc., Flagler Diagnostic Center, Inc., Lifecare Rehab Therapy of Florida Corp., GR Rehab Center, Inc., Olga Torres, Alberto Burgos-Tiburcio, M.D., Yamir Hernandez Gonzalez and Arsenio Fundora |
| 1:2023cv23661 |
| September 25, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1332 Diversity-Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 MOTION to Dismiss #1 Complaint,, by Dragon Clinic, Inc., Flagler Diagnostic Center, Inc., Arsenio Fundora, GR Rehab Center, Inc., Yamir Hernandez Gonzalez, Olga Torres, Unlimited Diagnostic Center, Inc.. Responses due by 12/6/2023 (Schurr, Kenneth) |
| Filing 19 NOTICE of Attorney Appearance by Richard Baron on behalf of Alberto Burgos-Tiburcio, MD, Red Diamond Medical Group, LLC. Attorney Richard Baron added to party Alberto Burgos-Tiburcio, MD(pty:dft), Attorney Richard Baron added to party Red Diamond Medical Group, LLC(pty:dft). (Baron, Richard) |
Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint. #17 . Therein, Defendants Arsenio Fundora, Dragon Clinic, Inc., GR Rehab Center, Inc., Flagler Diagnostic Center, Inc., Yamir Hernandez Gonzales, Olga Torres, and Unlimited Diagnostic, Inc. ("Defendants") request a brief extension of time to file a response because counsel was recently retained and the issues raised in this case are voluminous and complex. Id. at 1-2. Plaintiff does not oppose Defendants' request. Id. at 2. 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 #17 is GRANTED IN PART. Defendants shall file a response to Plaintiff's Complaint on or before November 23, 2023. Signed by Judge K. Michael Moore on 10/25/2023. (rhr)
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| Filing 17 MOTION for Extension of Time to File Response/Reply/Answer by Dragon Clinic, Inc., Flagler Diagnostic Center, Inc., Arsenio Fundora, GR Rehab Center, Inc., Yamir Hernandez Gonzalez, Olga Torres, Unlimited Diagnostic Center, Inc.. (Schurr, Kenneth) |
| Set/Reset Response/Answer Due Deadline per order de#18: Alberto Burgos-Tiburcio, MD response/answer due 11/23/2023; Dragon Clinic, Inc. response/answer due 11/23/2023; Flagler Diagnostic Center, Inc. response/answer due 11/23/2023; Arsenio Fundora response/answer due 11/23/2023; GR Rehab Center, Inc. response/answer due 11/23/2023; Yamir Hernandez Gonzalez response/answer due 11/23/2023; Lifecare Rehab Therapy of Florida Corp. response/answer due 11/23/2023; Red Diamond Medical Group, LLC response/answer due 11/23/2023; Olga Torres response/answer due 11/23/2023; Unlimited Diagnostic Center, Inc. response/answer due 11/23/2023. (drz) |
| Filing 16 NOTICE of Attorney Appearance by Kenneth B Schurr on behalf of Dragon Clinic, Inc., Flagler Diagnostic Center, Inc., Arsenio Fundora, GR Rehab Center, Inc., Yamir Hernandez Gonzalez, Olga Torres, Unlimited Diagnostic Center, Inc.. Attorney Kenneth B Schurr added to party Dragon Clinic, Inc.(pty:dft), Attorney Kenneth B Schurr added to party Flagler Diagnostic Center, Inc.(pty:dft), Attorney Kenneth B Schurr added to party Arsenio Fundora(pty:dft), Attorney Kenneth B Schurr added to party GR Rehab Center, Inc.(pty:dft), Attorney Kenneth B Schurr added to party Yamir Hernandez Gonzalez(pty:dft), Attorney Kenneth B Schurr added to party Olga Torres(pty:dft), Attorney Kenneth B Schurr added to party Unlimited Diagnostic Center, Inc.(pty:dft). (Schurr, Kenneth) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian M. Epstein, Esq. #5 . 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 #5 is GRANTED. Brian M. Epstein, Esq. may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: BEpstein@ktmpc.com. Signed by Judge K. Michael Moore on 10/19/2023. (rhr)
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Filing 14
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 9/27/2023. (rhr)
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Filing 13
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 9/27/2023. (rhr)
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| Filing 12 NOTICE of Striking #8 Notice (Other),, filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Insurance Company Document Number 8 (Proposed Order) by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company (Denbo, Tammy-Mary) |
| Filing 11 Clerk's Notice to Filer re #8 Notice (Other),,. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (drz) |
| Filing 10 Summons Issued as to Alberto Burgos-Tiburcio, MD, Dragon Clinic, Inc., Flagler Diagnostic Center, Inc., Arsenio Fundora, GR Rehab Center, Inc., Yamir Hernandez Gonzalez, Lifecare Rehab Therapy of Florida Corp., Red Diamond Medical Group, LLC, Olga Torres, Unlimited Diagnostic Center, Inc.. (drz) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company (Denbo, Tammy-Mary) |
| Filing 8 Stricken per DE #12 -Plaintiff's NOTICE by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company re #5 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian M Epstein, Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-16945277 Proposed Order Granting Plaintiffs' Motion Pro Hac Vice - Brian Epstein, Esquire (Attachments: #1 Text of Proposed Order Proposed ORD - Granting Ps' M-Pro Hac Vice) (Denbo, Tammy-Mary) Modified text on 9/27/2023 (drz). |
| Filing 7 NOTICE of Filing Proposed Summonses by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company re #1 Complaint,, Summonses (Denbo, Tammy-Mary) Modified text on 9/26/2023 (drz). |
| Filing 6 Plaintiff's NOTICE by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company re #1 Complaint,, Civil Cover Sheet (Denbo, Tammy-Mary) |
| Filing 5 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian M Epstein, Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-16945277 by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company. Responses due by 10/10/2023 (Attachments: #1 Certification Certification of Brian M Epstein, Esquire)(Denbo, Tammy-Mary) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (wce) |
| SYSTEM ENTRY - Docket Entry 3 [order] restricted/sealed until further notice. (wce) |
| 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. (wce) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16944188, filed by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Property and Casualty Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - Red Diamond CPT Chart, #2 Exhibit Exhibit 2 - Dragon Clinic CPT Chart, #3 Exhibit Exhibit 3 - Unlimited Diagnostic CPT Chart, #4 Exhibit Exhibit 4 - Flagler Diagnostic CPT Chart, #5 Exhibit Exhibit 5 - Lifecare Rehab CPT Chart, #6 Exhibit Exhibit 6 - GR Rehab CPT Chart, #7 Exhibit Exhibit 7 - Mail and Wire Fraud Chart)(Denbo, Tammy-Mary) |
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