BOF Medical Center, Inc. v. CVS Pharmacy, Inc.
Plaintiff: BOF Medical Center, Inc.
Defendant: CVS Pharmacy, Inc.
Case Number: 1:2023cv24438
Filed: November 21, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 16, 2024 Filing 17 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Response in Opposition to Motion to Dismiss (Revised/Updated) filed by BOF Medical Center, Inc.. Replies due by 1/23/2024. (Schulte, John)
January 16, 2024 Filing 16 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Notice of Filing filed by BOF Medical Center, Inc.. Replies due by 1/23/2024. (Schulte, John)
January 8, 2024 Filing 15 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by BOF Medical Center, Inc.. Replies due by 1/16/2024. (Schulte, John)
January 2, 2024 Reset Deadlines as to #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM . Responses due by 1/8/2024 Replies due by 1/22/2024. PER DE#14 (cds)
January 2, 2024 Opinion or Order Filing 14 PAPERLESS ORDER granting the parties' #10 Joint Motion for Extension of Time to File Response In Opposition to, and Reply in Support of, Defendant's Motion to Dismiss. Plaintiff's response is due on or before January 8, 2024. Defendant's reply is due on or before January 22, 2024. Signed by Judge Darrin P. Gayles on 1/2/2024. (nce)
December 19, 2023 Filing 13 Defendant's Corporate Disclosure Statement Defendant's Rule 7.1 Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc. (Carswell, Crystal)
December 13, 2023 Filing 12 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney John Henry Schulte re #11 Notice of Change of Address, Email or Law Firm Name. It is the Attorney's responsibility to update his secondary email address. (cw)
December 12, 2023 Filing 11 NOTICE of Change of Address, Email or Law Firm Name by John Henry Schulte (Schulte, John)
December 12, 2023 Filing 10 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Joint Motion for Extension of Time to File Response in Opposition to, and Reply in Support of, Defendant's Motion to Dismiss by CVS Pharmacy, Inc.. (Attachments: #1 Text of Proposed Order for Joint Motion for Extension of Time to File Response in Opposition to, and Reply in Support of, Defendant's Motion to Dismiss)(Carswell, Crystal)
December 7, 2023 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Jonathan Garlough is permitted to appear before this Court on behalf of Defendant CVS Pharmacy, Inc. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Attorney Jonathan Garlough at jgarlough@foley.com. Signed by Judge Darrin P. Gayles on 12/7/2023. (nce)
December 6, 2023 Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan Garlough. Filing Fee $ 200.00 Receipt # AFLSDC-17124649 by CVS Pharmacy, Inc.. Responses due by 12/20/2023 (Attachments: #1 Certification of J. Garlough In Support of Motion to Appear PHV, #2 Text of Proposed Order Granting J. Garlough Motion to Appear PHV)(Carswell, Crystal)
December 4, 2023 Filing 7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by CVS Pharmacy, Inc.. Responses due by 12/18/2023 (Attachments: #1 Exhibit 1 - 2/15/23 Correspondence, #2 Exhibit 2 - 4/5/23 Correspondence, #3 Exhibit 3 - Leer v Walmart Inc.( Cited case law))(Carswell, Crystal)
November 30, 2023 Opinion or Order Filing 6 PAPERLESS ORDER granting #5 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall file its Answer or other responsive pleading on or before December 4, 2023. Signed by Judge Darrin P. Gayles on 11/30/2023. (nce)
November 29, 2023 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), Defendant's Unopposed Motion for Extension of Time to File Responsive Pleading by CVS Pharmacy, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order on Unopposed Motion for Extension of Time to Respond to Complaint)(Carswell, Crystal)
November 21, 2023 Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles on 11/21/2023. (nce)
November 21, 2023 Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Jurisdiction when filing. The correction was made. It is not necessary to re-file this document. (nwn)
November 21, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. (nwn)
November 21, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-17090333, filed by CVS Pharmacy, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Miami Dade State Court Summons and Complaint, #3 Exhibit RI Sec of State Business Search of Defendant CVS, #4 Exhibit Moffat Declaration, #5 Exhibit Miami Dade State Court Docket)(Carswell, Crystal) No Answer/Motion To Dismiss Filed. Modified text on 11/21/2023 (nwn).

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Plaintiff: BOF Medical Center, Inc.
Represented By: John Henry Schulte
Represented By: Thomas William Risavy
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Defendant: CVS Pharmacy, Inc.
Represented By: Crystal Boni Carswell
Represented By: Jonathan Garlough
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