Martinez v. VITAS Hospice Services, LLC
| Fernando Martinez |
| VITAS Hospice Services, LLC |
| 1:2025cv25935 |
| December 17, 2025 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2026. A more recent docket listing may be available from PACER.
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Filing 12
PAPERLESS ORDER dismissing case without prejudice pursuant to Plaintiff's #11 Notice of Voluntary Dismissal. Each party shall bear its own attorneys' fees and costs. Signed by Judge Darrin P. Gayles (mp02)
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| Filing 11 NOTICE of Voluntary Dismissal without Prejudice by Fernando Martinez (Colella, Nicholas) |
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Filing 10
PAPERLESS ORDER granting Defendant's #9 Unopposed Motion for Extension of Time to File its Answer to Plaintiff's Complaint. On or before February 12, 2026, Defendant shall file its response. Signed by Judge Darrin P. Gayles (mp02)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by VITAS Hospice Services, LLC. Attorney Suzette Luisa Russomanno added to party VITAS Hospice Services, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Russomanno, Suzette) |
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Filing 8
PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Gerald D. Wells is permitted to appear before this Court on behalf of Plaintiff Fernando Martinez for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Wells at [email protected]. Signed by Judge Darrin P. Gayles (mp02)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gerald D. Wells, III. Filing Fee $ 250.00 Receipt # AFLSDC-19073985 by Fernando Martinez. Responses due by 1/12/2026. (Attachments: #1 Certification, #2 Text of Proposed Order)(Colella, Nicholas) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fernando Martinez. VITAS Hospice Services, LLC served on 12/22/2025, response/answer due 1/12/2026. (Colella, Nicholas) |
| Filing 5 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, the 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 (mp02) |
| Filing 4 Bar Letter re: Admissions sent to attorney Gerald D. Wells, III and Robert J. Gray, mailing date December 18, 2025, (pt) |
| Filing 3 Summons Issued as to VITAS Hospice Services, LLC. (blc) |
| 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 Detra Shaw-Wilder 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. (blc) |
| Filing 1 COMPLAINT against VITAS Hospice Services, LLC. Filing fees $ 405.00 receipt number AFLSDC-19050713, filed by Fernando Martinez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Colella, Nicholas) |
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| Plaintiff: Fernando Martinez | |
| Represented By: | Nicholas Anthony Colella |
| Represented By: | Gerald D. Wells, III |
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| Defendant: VITAS Hospice Services, LLC | |
| Represented By: | Suzette Luisa Russomanno |
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