Comack v. University of Miami et al
Plaintiff: Patrick Comack
Defendant: Andres M. Kanner, MD, Bonnie E. Levin, PhD and University of Miami
Case Number: 1:2024cv23446
Filed: September 6, 2024
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Enjolique A Lett
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Federal Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 10, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 31, 2024 Filing 27 REPLY to Response to Motion re #10 MOTION to Dismiss with Prejudice #1 Complaint filed by Andres M. Kanner, MD, Bonnie E. Levin, PhD, University of Miami. (Schleier, Marc)
December 13, 2024 Opinion or Order Filing 26 PAPERLESS ORDER granting #25 Defendants' Unopposed Motion for Extension of Time to Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss. Defendants shall file their reply on or before December 31, 2024. Signed by Judge Darrin P. Gayles on 12/13/2024. (bs00)
December 13, 2024 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 Response in Opposition to Motion to Dismiss by Andres M. Kanner, MD, Bonnie E. Levin, PhD, University of Miami. (Attachments: #1 Text of Proposed Order)(Schleier, Marc)
December 10, 2024 Filing 24 RESPONSE in Opposition re #10 MOTION to Dismiss with Prejudice #1 Complaint filed by Patrick Comack. Replies due by 12/17/2024. (Attachments: #1 Exhibit A Pgs 1 - 40, #2 Exhibit A Pgs 41 - 80)(pcs)
October 15, 2024 Opinion or Order Filing 23 PAPERLESS ORDER denying, as moot, #20 Plaintiff's Unopposed Motion for Extension of Time to File Memorandum of Law in Opposition to Defendants' Motion to Dismiss in light of the Court's October 15, 2024 Order, [ECF No. 21]. Signed by Judge Darrin P. Gayles on 10/15/2024. (bs00)
October 15, 2024 Opinion or Order Filing 22 PAPERLESS ORDER granting #19 Defendants' Unopposed Motion to Stay Discovery and for Relief from Pretrial Procedure Requirements Pending Ruling on Motion to Dismiss Plaintiff's Complaint. This action shall be STAYED and administratively CLOSED pending this Court's ruling on #10 Defendants' Motion to Dismiss Plaintiff's Complaint. Signed by Judge Darrin P. Gayles on 10/15/2024. (bs00)
October 15, 2024 Opinion or Order Filing 21 PAPERLESS ORDER granting, in part, #15 Plaintiff's Motion for Extension of Time to File Memorandum of Law in Opposition to Defendant's Motion to Dismiss and to File Joint Proposed Scheduling Order. Plaintiff shall file its response on or before December 16, 2024. If necessary, the parties shall file their joint scheduling report within fourteen (14) days of the Court's ruling on #10 Defendants' Motion to Dismiss Plaintiff's Complaint. Signed by Judge Darrin P. Gayles on 10/15/2024. (bs00)
October 14, 2024 Filing 20 Emergency MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss with Prejudice #1 Complaint by Patrick Comack. (pcs)
October 11, 2024 Filing 19 Unopposed MOTION to Stay Discovery and for Relief from PreTrial Procedure Requirements Pending Ruling on Motion to Dismiss Plaintiff's Complaint, with Supporting Memorandum of Law by Andres M. Kanner, MD, Bonnie E. Levin, PhD, University of Miami. Responses due by 10/25/2024. (Schleier, Marc)
October 11, 2024 Filing 18 RESPONSE to Motion re #15 MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss with Prejudice #1 Complaint filed by Andres M. Kanner, MD, Bonnie E. Levin, PhD, University of Miami. Replies due by 10/18/2024. (Schleier, Marc)
October 9, 2024 Opinion or Order Filing 17 PAPERLESS ORDER re #15 Plaintiff's Motion for Extension of Time to File Memorandum of Law in Opposition to Defendants' Motion to Dismiss and to File Joint Proposed Scheduling Order. Defendants shall file an expedited response on or before October 14, 2024. Signed by Judge Darrin P. Gayles on 10/9/2024. Signed by Judge Darrin P. Gayles on 10/9/2024. (bs00)
October 7, 2024 Opinion or Order Filing 16 ORDER OF RECUSAL. Magistrate Judge Jonathan Goodman recused. Case reassigned to Magistrate Judge Enjolique A. Lett for all further referral proceedings. Signed by Magistrate Judge Jonathan Goodman on 10/4/2024. See attached document for full details. (mno)
October 7, 2024 Filing 15 MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Dismiss with Prejudice #1 Complaint by Patrick Comack. (pcs) Modified on 10/9/2024 (mf).
October 4, 2024 Opinion or Order Filing 14 ORDER OF RECUSAL AND REASSIGNMENT granting #8 Plaintiff's Motion to Disqualify and Recuse Magistrate Judge. Signed by Magistrate Judge Jonathan Goodman on 10/4/2024. See attached document for full details. (cpa)
October 4, 2024 Opinion or Order Filing 13 PAPERLESS ORDER REFERRING #8 Plaintiff's Motion to Recuse/Disqualify Magistrate Judge Goodman to Magistrate Judge Jonathan Goodman for a ruling. Signed by Judge Darrin P. Gayles on 10/4/2024. (bs00)
October 4, 2024 Opinion or Order Filing 12 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before October 18, 2024, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/4/2024. See attached document for full details. (bs00)
October 3, 2024 Filing 11 Corporate Disclosure Statement by University of Miami (Schleier, Marc)
October 3, 2024 Filing 10 MOTION to Dismiss with Prejudice #1 Complaint by Andres M. Kanner, MD, Bonnie E. Levin, PhD, University of Miami. Attorney Marc J. Schleier added to party Andres M. Kanner, MD(pty:dft), Attorney Marc J. Schleier added to party Bonnie E. Levin, PhD(pty:dft), Attorney Marc J. Schleier added to party University of Miami(pty:dft). Responses due by 10/17/2024. (Schleier, Marc)
September 19, 2024 Filing 9 Plaintiff's AFFIDAVIT in Support re #8 MOTION to Disqualify Judge MOTION for Recusal filed by Patrick Comack. (pcs)
September 19, 2024 Filing 8 Plaintiff's MOTION to Recuse/Disqualify Magistrate Judge Goodman by Patrick Comack. (pcs)
September 18, 2024 Filing 7 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 9/18/2024. (bs00)
September 18, 2024 Opinion or Order Filing 6 ORDER OF RECUSAL. Judge Kathleen M. Williams recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Kathleen M. Williams on 9/17/2024. See attached document for full details. (vjk)
September 13, 2024 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 Patrick Comack. Andres M. Kanner, MD served on 9/12/2024, response/answer due 10/3/2024; Bonnie E. Levin, PhD served on 9/12/2024, response/answer due 10/3/2024; University of Miami served on 9/12/2024, response/answer due 10/3/2024. (pcs)
September 6, 2024 Filing 4 Summons Issued as to Andres M. Kanner, MD, Bonnie E. Levin, PhD, and University of Miami. (caw)
September 6, 2024 Filing 3 Clerks Notice of Receipt of Filing Fee received on 9/6/2024 in the amount of $ 405.00, receipt number 656 (amb)
September 6, 2024 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 Jonathan Goodman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb)
September 6, 2024 Filing 1 COMPLAINT against Andres M. Kanner, MD, Bonnie E. Levin, PhD, University of Miami. Filing fees $ 405.00, filed by Patrick Comack. (Attachments: #1 Civil Cover Sheet)(amb)

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Defendant: Andres M. Kanner, MD
Represented By: Marc J. Schleier
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Defendant: Bonnie E. Levin, PhD
Represented By: Marc J. Schleier
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Defendant: University of Miami
Represented By: Marc J. Schleier
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Plaintiff: Patrick Comack
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