Rashley et al v. Boost Health Insurance, Inc.
| Kyle Butler Rashley and Nicholas Dungey |
| Boost Health Insurance, Inc. |
| Boost Health Insurance, Inc. |
| Nicholas Dungey and Kyle Butler Rashley |
| 1:2025cv21690 |
| April 12, 2025 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Kathleen M Williams |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Defendant |
Docket Report
This docket was last retrieved on September 5, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 REPLY in Support of Motion re #16 MOTION to Dismiss for Lack of Jurisdiction #14 Counterclaim . filed by Nicholas Dungey(on behalf of themselves and others similarly situated), Kyle Butler Rashley(on behalf of themselves and others similarly situated). (Kaufman, Avi) |
| Filing 23 RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction #14 Counterclaim filed by Boost Health Insurance, Inc.. Replies due by 9/5/2025. (Attachments: #1 Exhibit A)(Bellido, Nelson) |
Filing 22
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 8/22/2025. See attached document for full details. (pc)
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Filing 21
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lisa A. Messner. Signed by Magistrate Judge Enjolique A. Lett on 8/14/2025. (awr)
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| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa A. Messner. Filing Fee $ 250.00 Receipt # AFLSDC-18700667 by Boost Health Insurance, Inc.. Responses due by 8/27/2025. (Attachments: #1 Text of Proposed Order)(Bellido, Nelson) |
| Filing 19 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Lance Harke as Mediator. Mediation Hearing set for 12/04/2025 at 10:00 a.m.. (Kaufman, Avi) |
| Set/Reset Deadlines/Hearings as to #11 MOTION TO DISMISS #7 Answer to Complaint,, Counterclaim, FOR FAILURE TO STATE A CLAIM , #16 MOTION to Dismiss for Lack of Jurisdiction #14 Counterclaim . Responses due by 8/29/2025. (per DE 18). (pc) |
Filing 18
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant Boost Health Insurance, Inc.'s Unopposed Motion for Extension of Time to Respond to Motion to Dismiss (DE #17 ) ("Motion"). In the Motion, Defendant requests an extension until August 29, 2025. Upon review of the Motion, and because it is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Signed by Judge Kathleen M. Williams on 8/7/2025. (ymd)
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| Filing 17 MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION to Dismiss for Lack of Jurisdiction #14 Counterclaim by Boost Health Insurance, Inc.. (Bellido, Nelson) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction #14 Counterclaim by Nicholas Dungey(on behalf of themselves and others similarly situated), Kyle Butler Rashley(on behalf of themselves and others similarly situated). Responses due by 8/15/2025. (Kaufman, Avi) |
| Filing 15 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2025-52A to Magistrate Judge Enjolique A. Lett. Ch. Magistrate Judge Jonathan Goodman no longer assigned to case. (mno) |
| Filing 14 Amended COUNTERCLAIM against Nicholas Dungey, Kyle Butler Rashley, filed by Boost Health Insurance, Inc..(Bellido, Nelson) |
| Filing 13 Corporate Disclosure Statement by Boost Health Insurance, Inc. (Bellido, Nelson) |
Filing 12
SCHEDULING ORDER: ( Jury Trial set for 11/2/2026 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 10/27/2026 11:00 AM in Miami Division before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 7/8/2025. See attached document for full details. (ls) #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.
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| Filing 11 MOTION TO DISMISS #7 Answer to Complaint,, Counterclaim, FOR FAILURE TO STATE A CLAIM by Nicholas Dungey, Kyle Butler Rashley. Responses due by 7/22/2025. (Attachments: #1 Exhibit 1 - Declaration of Rashley, #2 Exhibit 2 - Declaration of Dungey)(Kaufman, Avi) |
| Filing 10 Clerk's Notice to Filer re #9 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter (Rachel E. Kaufman from Signature Block)the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (cwc) |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement by Nicholas Dungey, Kyle Butler Rashley (Kaufman, Avi) |
| Filing 8 Joint SCHEDULING REPORT - Rule 26(f) by Nicholas Dungey, Kyle Butler Rashley (Attachments: #1 Text of Proposed Order)(Kaufman, Avi) |
| Filing 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Nicholas Dungey, Kyle Butler Rashley by Boost Health Insurance, Inc.. Attorney Nelson Camilo Bellido added to party Boost Health Insurance, Inc.(pty:dft). (Bellido, Nelson) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Kyle Butler Rashley, Nicholas Dungey. Boost Health Insurance, Inc. waiver sent on 4/18/2025, response/answer due 6/17/2025. (Kaufman, Avi) |
Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Judge Kathleen M. Williams on 4/15/2025. See attached document for full details. (fbn)
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES Referring Case to Ch. Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 4/14/2025. See attached document for full details. (pc)
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| Filing 3 Summons Issued as to Boost Health Insurance, Inc.. (pc) |
| 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. (pc) |
| Filing 1 COMPLAINT against Boost Health Insurance, Inc.. Filing fees $ 405.00 receipt number AFLSDC-18362353, filed by Kyle Butler Rashley, Nicholas Dungey. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Kaufman, Avi) |
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