Government Employees Insurance Co. et al v. Nestor Fernandez, M.D., P.A. et al
| Government Employees Insurance Co., Geico Indemnity Co., GEICO General Insurance Company and Geico Casualty Co. |
| Health Professional Services, Inc., Javier Sarduy, Ivonne Diaz Aportela, Medsalud LLC, Juan Carlos Hernandez Milian, Multimed Care, Inc., Osvaldo Dubiel Perez Turino, Ivan Perez Rodriguez, BBB Medical Center Group Inc., Laura Adela Riquenes and Laura Garcia Diaz |
| 1:2026cv20203 |
| January 13, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing 61
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs and Defendants American Health Providers, Corp. and Luis Martinez, L.M.T.'s (together, the "Settling Parties") Joint Stipulation of Dismissal Without Prejudice. #60 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE as to the Settling Parties only. Signed by Judge K. Michael Moore on 7/8/2026. (hyn)
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| Filing 60 STIPULATION of Dismissal Without Prejudice as to Defendants American Health Providers, Corp. and Luis Martinez, L.M.T. by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Gershenoff, Max) |
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Filing 59
PAPERLESS ORDER. THIS CAUSE came before the Court upon Attorney Christian Carrazana, Esq.'s Unopposed Motion to Withdraw as Counsel. #56 . Therein, Attorney Carrazana moves to withdraw as counsel for Defendants Multi Med Care Inc., Osvaldo Dubiel Perez, and Ivan Perez Rodriguez because of irreconcilable differences, namely that "Defendants have not paid [him] to continue as their counsel[.]" Id. at 1. Attorney Carrazana states that Multi Med Care Inc. requests a 30-day stay so that it can secure new counsel, as corporations may not proceed pro se. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."). Accordingly, UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Withdraw #56 is GRANTED. Christian Carranza, Esq. shall be relieved of all further responsibilities related to Defendants Multi Med Care Inc., Osvaldo Dubiel Perez, and Ivan Perez Rodriguez in these proceedings. The Clerk of Court is INSTRUCTED to remove Christian Carranza as counsel for Multi Med Care Inc., Osvaldo Dubiel Perez, and Ivan Perez Rodriguez. Further, the case is hereby STAYED for thirty (30) days so that Defendant Multi Med Care Inc. may retain new counsel. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE this case. Defendant Multi Med Care Inc. is ORDERED to file a status report on the docket within three (3) days of retaining new counsel. Failure to retain counsel within thirty (30) days may result in entry of default against Defendant Multi Med Care Inc. Signed by Judge K. Michael Moore on 7/1/2026. (hyn)
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Filing 58
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs and Defendants Nestor Fernandez, M.D, P.A. and Nestor Fernandez, M.D.'s (together, the "Settling Parties") Joint Stipulation of Dismissal. #57 . UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE as to the Settling Parties only. Signed by Judge K. Michael Moore on 7/1/2026. (hyn)
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| Case Stayed. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE this case. Per DE 59 . (cwc) |
| Filing 57 STIPULATION of Dismissal Without Prejudice as to Defendants Nestor Fernandez, M.D., P.A. and Nestor Fernandez, M.D. by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Gershenoff, Max) |
| Filing 56 Second MOTION to Withdraw as Attorney by Christian Carrazana for / by Multimed Care, Inc., Ivan Perez Rodriguez, Osvaldo Dubiel Perez Turino. Responses due by 7/14/2026. (Carrazana, Christian) |
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Filing 55
PAPERLESS ORDER STRIKING DISCOVERY-RELATED FILINGS. Defendants American Health Providers, Corp., Nestor Fernandez, M.D., and Nestor Fernandez, M.D., P.A. have filed six Notices: (1) Defendant's Notice of Objections to Subpoena Served on Georgia Banking Company, ECF No. #49 ; (2) Defendant's Notice of Objections to Subpoena Served on Georgia Banking, ECF No. #50 ; (3) Defendant's Notice of Objections to Subpoena Served on Regions Bank, ECF No. #51 ; (4) Defendant's Notice of Objections to Subpoena Served on TD Bank, ECF No. #52 ; (5) Defendant's Notice of Objections to Subpoena Served on Truist Bank, ECF No. #53 ; and (6) Defendant's Notice of Objections to Subpoena Served on Wells Fargo, ECF No. #54 . However, Local Rule 26.1(b) prohibits such filings. See S.D. Fla. Loc. R. 26.1(b) ("Initial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; (5) notices of taking depositions or notices of serving subpoenas; and (6) privilege logs."). Accordingly, the filings at ECF Nos. #49 , #50 , #51 , #52 , #53 , and #54 are hereby STRICKEN. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/26/2026. (MFE)
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| Filing 54 STRICKEN Defendant's NOTICE Objections to Subpoena Served on Wells Fargo by American Health Providers, Corp., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Per DE 55 Modified Text Striking on 6/29/2026 (cwc). |
| Filing 53 STRICKEN Defendant's NOTICE Objections to Subpoena Served on Truist Bank by American Health Providers, Corp., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Per DE 55 Modified Text Striking on 6/29/2026 (cwc). |
| Filing 52 STRICKEN Defendant's NOTICE Objections to Subpoena Served on TD Bank by American Health Providers, Corp., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Per DE 55 Modified Text Striking on 6/29/2026 (cwc). |
| Filing 51 STRICKEN Defendant's NOTICE Objections to Subpoena Served on Regions Bank by American Health Providers, Corp., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Per DE 55 Modified Text Striking on 6/29/2026 (cwc). |
| Filing 50 STRICKEN Defendant's NOTICE Objections to Subpoena Served on Georgia Banking by American Health Providers, Corp., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Per DE 55 Modified Text Striking on 6/29/2026 (cwc). |
| Filing 49 STRICKEN Defendant's NOTICE Objections to Subpoena Served on Georgia Banking Company by American Health Providers, Corp., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Modified Text on 6/25/2026 (cwc). Per DE 55 Modified Text Striking on 6/29/2026 (cwc). |
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Filing 48
PAPERLESS ORDER. THIS CAUSE came before the Court upon Christian Carrazana, Esq.'s Unopposed Motion to Withdraw as Counsel. #47 . Therein, Christian Carrazana requests that he be allowed to withdraw as counsel on behalf of Defendants Multi Med Care Inc., Osvaldo Dubiel Perez, and Ivan Perez Rodriguez ("Defendants") because "[i]rreconcilable differences have arisen." Id. at 1. Attorney Carrazana states that "Defendants have not paid [him] to continue as their counsel, despite [his] good faith attempt to work out an arrangement." Id. at 2. Attorney Carrazana has not indicated whether Defendants have retained new counsel. Defendant Multi Med Care Inc., in particular, is required to find new counsel as corporations may not proceed pro se. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."). Accordingly, 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 to Withdraw #47 is DENIED WITHOUT PREJUDICE. Attorney Carrazana may refile the motion indicating whether Defendants have retained new counsel and whether Defendants seek a stay such that they may find new counsel. Signed by Judge K. Michael Moore on 6/24/2026. (hyn)
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| Filing 47 MOTION to Withdraw as Attorney by Christian Carrazana for / by Multimed Care, Inc., Ivan Perez Rodriguez, Osvaldo Dubiel Perez Turino. Responses due by 7/7/2026. (Carrazana, Christian) |
| Filing 46 REPORT AND RECOMMENDATION re DE #39 MOTION to Vacate 33 Notice of Court Practice/to Appear/Other,,,, filed by Laura Garcia Diaz, and DE #35 Plaintiff's MOTION for Default Judgment /Final Judgment Against Defendant Laura Garcia Diaz filed by GEICO General Insurance Company, Geico Casualty Co., Government Employees Insurance Co., Geico Indemnity Co. Recommending 1. Defendant Diaz's Unopposed Motion to Vacate Default, ECF No. #39 , be GRANTED. 2. The Clerk's Entry of Default against Defendant Diaz, ECF No. #32 , be VACATED. 3. Plaintiffs' Motion for Default Judgment Against Defendant Diaz, ECF No. #35 , be DENIED AS MOOT. 4. Defendant's Answer to the Amended Complaint, ECF No. #38 , be DEEMED TIMELY FILED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/3/2026. See attached document for full details. (cwc) Modified Document Type to Opinion on 6/4/2026 (cwc). |
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Filing 45
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Nestor Fernandez, M.D., P.A. and Nestor Fernandez, M.D.'s ("Defendants") Joint Stipulation and Substitution of Counsel. #43 . Therein, Defendants stipulate to the substitution of Ovadia Law Group, P.A. and Abe Ovadia, Esq. as their counsel in place of Christian Carranza, Esq., who "hereby withdraws as counsel for Defendants[.]" Id. at 1. 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 Christian Carranza, Esq. shall be relieved of all further responsibilities related to Defendants in these proceedings. The Clerk of Court is INSTRUCTED to remove Christian Carranza as counsel for Defendants Nestor Fernandez, M.D., P.A. and Nestor Fernandez, M.D., and note that Abe Ovadia is Defendants' counsel of record. Signed by Judge K. Michael Moore on 5/20/2026. (hyn)
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| Filing 44 NOTICE OF UNAVAILABILITY by Juan Carlos Hernandez Milian, Medsalud LLC for dates of June 15, 2026 through September 4, 2026 (Kaba, Moises) |
| Filing 43 STIPULATION and Substitution of Counsel by Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A. (Ovadia, Abraham) Modified Relief on 5/20/2026 (cwc). |
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Filing 42
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Luis Martinez, L.M.T. and American Health Providers, Corp.'s' ("Defendants") Joint Stipulation and Substitution of Counsel. #41 . Therein, Defendants stipulate to the substitution of Ovadia Law Group, P.A. and Abe Ovadia, Esq. as their counsel in place of Christian Carranza, Esq., who "hereby withdraws as counsel for Defendants[.]" Id. at 1. 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 Christian Carranza, Esq. shall be relieved of all further responsibilities related to Defendants in these proceedings. The Clerk of Court is INSTRUCTED to remove Christian Carranza as counsel for Defendants Luis Martinez and American Health Providers, and note that Abe Ovadia is Defendants' counsel of record. Signed by Judge K. Michael Moore on 5/19/2026. (hyn)
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| Filing 41 STIPULATION and Substitution of Counsel by American Health Providers, Corp., Luis Martinez, L.M.T. (Ovadia, Abraham) Modified Relief on 5/18/2026 (cwc). |
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Filing 40
PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. 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 hereby referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to #35 Plaintiffs' Motion for Default Judgment against Laura Garcia Diaz and #39 Defendant Laura Garcia Diaz's Motion to Vacate. Signed by Judge K. Michael Moore on 5/14/2026. (hyn)
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| Filing 39 MOTION to Vacate 33 Notice of Court Practice/to Appear/Other,,,, by Laura Garcia Diaz. Responses due by 5/27/2026. (Attachments: #1 Affidavit Exhibit "A" Declaration of Laura Garcia Diaz)(Carrazana, Christian) |
| Filing 38 ANSWER to Amended Complaint by Laura Garcia Diaz. (Carrazana, Christian) |
| Filing 37 NOTICE of Attorney Appearance by Christian Carrazana on behalf of Laura Garcia Diaz. Attorney Christian Carrazana added to party Laura Garcia Diaz(pty:dft). (Carrazana, Christian) |
| Filing 36 Notice of Supplemental Authority re #27 Response in Opposition to Motion, by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit Report and Recommendation Regarding Spine & Sport Defendants' Motion to Dismiss) (Gershenoff, Max) |
| Filing 35 Plaintiff's MOTION for Default Judgment /Final Judgment Against Defendant Laura Garcia Diaz by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co.. Responses due by 5/27/2026. (Attachments: #1 Exhibit Delcaration of Richard Zappa, #2 Exhibit Proposed Order)(Gershenoff, Max) |
| Filing 34 ANSWER to Amended Complaint by American Health Providers, Corp., Ivonne Diaz Aportela, BBB Medical Center Group Inc., Health Professional Services, Inc., Luis Martinez, L.M.T., Medsalud LLC, Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A., Laura Adela Riquenes, Ivan Perez Rodriguez, Javier Sarduy, Osvaldo Dubiel Perez Turino. (Carrazana, Christian) |
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Filing 33
PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk's Entry of Default as to Laura Garcia Diaz. #32 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or the Court will be divested of jurisdiction to enforce any judgment against Defendants. Plaintiff's Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via... 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit appropriate proposed orders so as to conform the submission to the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 4/23/2026. (hyn)
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| Filing 32 Clerk's Entry of Default as to Laura Garcia Diaz Granting DE #31 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 4/22/2026. (cwc) |
| Filing 31 Plaintiff's MOTION for Clerk's Entry of Default as to Laura Garcia Diaz by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. Responses due by 5/5/2026. (Attachments: #1 Exhibit Declaration of Max Gershenoff in Support of Plaintiffs' Motion for Clerk's Entry of Default, #2 Exhibit Proposed Order Entering Clerk Default Against Defendant Laura Garcia Diaz)(Gershenoff, Max) |
| Filing 30 NOTICE of Mediator Selection. Selected/Added Eric C. Boughman as Mediator. (Gershenoff, Max) |
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Filing 29
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/3/2026. See attached document for full details. (cwc)
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Filing 28
ORDER SETTING DISCOVERY STATUS CONFERENCE:(Final Discovery Status Conference set for 9/30/2026 10:00 AM Via Zoom before Magistrate Judge Marty Fulgueira Elfenbein.)(Joint Discovery Status Report due by 9/23/2026.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/3/2026. See attached document for full details. (cwc)
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| Filing 27 RESPONSE in Opposition re #23 Defendant's MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT AND MEMORANDUM OF LAW, OR ALTERNATIVELY, MOTION FOR MORE DEFINITE STATEMENT filed by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co.. Replies due by 4/8/2026. (Gershenoff, Max) |
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Filing 26
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning February 22, 2027, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 3/27/2026. (hyn)
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Filing 25
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of February 22, 2027, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on February 18, 2027, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for February 9, 2027, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at [email protected] in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 3/27/2026. (hyn) #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 24 Joint SCHEDULING REPORT - Rule 26(f) by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit 1 - Proposed Joint Scheduling Order)(Gershenoff, Max) |
| Filing 23 Defendant's MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT AND MEMORANDUM OF LAW, OR ALTERNATIVELY, MOTION FOR MORE DEFINITE STATEMENT by Juan Carlos Hernandez Milian, Medsalud LLC. Responses due by 4/1/2026. (Kaba, Moises) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. Laura Garcia Diaz served on 3/14/2026, response/answer due 4/6/2026. (Attachments: #1 Affidavit of Service for Laura Garcia Diaz)(Wenger, Kristen) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of Plaintiffs' Amended Complaint. #20 . The Amended Complaint moots Defendants MedSalud LLC and Juan Carlos Hernandez Millian's Amended Motion to Dismiss. #17 . Accordingly, UPON CONSIDERATION of the Amended Complaint, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants' Motion #17 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/5/2026. (hyn)
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| Filing 20 AMENDED COMPLAINT against All Defendants, filed by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. (Attachments: #1 Exhibit Health Professional RICO Chart, #2 Exhibit American Health Providers RICO Chart, #3 Exhibit Multimed RICO Chart, #4 Exhibit MedSalud RICO Chart, #5 Exhibit BBB Medical RICO Chart, #6 Exhibit Nestor Fernandez PA RICO Chart)(Gershenoff, Max) |
| Filing 19 ANSWER to Complaint by American Health Providers, Corp., Ivonne Diaz Aportela, BBB Medical Center Group Inc., Health Professional Services, Inc., Luis Martinez, L.M.T., Multimed Care, Inc., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A., Laura Adela Riquenes, Ivan Perez Rodriguez, Javier Sarduy, Osvaldo Dubiel Perez Turino. Attorney Christian Carrazana added to party Ivan Perez Rodriguez(pty:dft). (Carrazana, Christian) |
| Filing 18 NOTICE of Attorney Appearance by Christian Carrazana on behalf of Multimed Care, Inc., Javier Sarduy, Osvaldo Dubiel Perez Turino. Attorney Christian Carrazana added to party Multimed Care, Inc.(pty:dft), Attorney Christian Carrazana added to party Osvaldo Dubiel Perez Turino(pty:dft). (Carrazana, Christian) |
| Filing 17 Amended MOTION to Dismiss PLAINTIFFS COMPLAINT AND MEMORANDUM OF LAW, OR ALTERNATIVE MOTION FOR MORE DEFINITE STATEMENT, AND OR MOTION TO STRIKE by Juan Carlos Hernandez Milian, Medsalud LLC. Responses due by 3/9/2026. (Kaba, Moises) |
| Filing 16 NOTICE OF WITHDRAWAL OF MOTION by Juan Carlos Hernandez Milian, Medsalud LLC re #15 MOTION to Dismiss filed by Medsalud LLC (Kaba, Moises) |
| Filing 15 WITHDRAWN MOTION to Dismiss by Medsalud LLC. Responses due by 3/6/2026. (Kaba, Moises) Per DE #16 Modified Text Withdrawing on 2/24/2026 (cwc). |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. American Health Providers, Corp. served on 1/20/2026, response/answer due 2/21/2026; Ivonne Diaz Aportela served on 1/20/2026, response/answer due 2/21/2026; BBB Medical Center Group Inc. served on 1/21/2026, response/answer due 2/21/2026; Health Professional Services, Inc. served on 1/20/2026, response/answer due 2/21/2026; Juan Carlos Hernandez Milian served on 1/21/2026, response/answer due 2/11/2026; Luis Martinez, L.M.T. served on 1/20/2026, response/answer due 2/21/2026; Medsalud LLC served on 1/21/2026, response/answer due 2/11/2026; Multimed Care, Inc. served on 1/21/2026, response/answer due 2/11/2026; Nestor Fernandez, M.D. served on 1/27/2026, response/answer due 2/21/2026; Nestor Fernandez, M.D., P.A. served on 1/27/2026, response/answer due 2/21/2026; Laura Adela Riquenes served on 1/21/2026, response/answer due 2/21/2026; Ivan Perez Rodriguez served on 1/21/2026, response/answer due 2/11/2026; Javier Sarduy served on 1/21/2026, response/answer due 2/21/2026; Osvaldo Dubiel Perez Turino served on 1/20/2026, response/answer due 2/10/2026. (Attachments: #1 Affidavit of Service for Nestor Fernandez, MD, PA, #2 Affidavit of Service for Nestor Fernandez, #3 Affidavit of Service for Health Professional Services, Inc., #4 Affidavit of Service for American Health Providers, Corp., #5 Affidavit of Service for Multimed Care, Inc., #6 Affidavit of Service for BBB Medical Center Group Inc., #7 Affidavit of Service for Medsalud LLC, #8 Affidavit of Service for Ivonne Diaz Aportela, #9 Affidavit of Service for Luis Martinez, LMT, #10 Affidavit of Service for Osvaldo Dubiel Perez Turino, #11 Affidavit of Service for Juan Carlos Hernandez Milan, #12 Affidavit of Service for Laura Adela Riquenes, #13 Affidavit of Service for Javier Sarduy, #14 Affidavit of Service for Ivan Perez Rodriguez)(Wenger, Kristen) |
| Filing 13 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. identifying Corporate Parent GEICO Corporation, Corporate Parent Berkshire Hathaway, Inc. for GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Gershenoff, Max) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Nestor Fernandez, M.D., P.A., Nestor Fernandez, M.D., American Health Care Providers, Luis Martinez L.M.T., Health Professional Services Inc., Ivonne Diaz Aportela, Javier Sarduy, BBB Medical Center Group Inc., and Laura Adela Riquenes's (the "Moving Defendants") Unopposed Motion for Extension of Time. #11 . Therein, the Moving Defendants request a "twenty-day extension to respond to the complaint for good cause." Id. at 2. The Moving Defendants go on to state that their counsel "was recently retained and needs additional time to review the complaint and formulate an adequate response." Id. UPON CONSIDERATION of the Unopposed Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motion #11 is GRANTED IN PART. The Moving Defendants shall respond to Plaintiffs' Complaint on or before February 21, 2026. Signed by Judge K. Michael Moore on 2/9/2026. (hyn)
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| Filing 11 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by American Health Providers, Corp., Ivonne Diaz Aportela, BBB Medical Center Group Inc., Health Professional Services, Inc., Luis Martinez, L.M.T., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A., Laura Adela Riquenes, Javier Sarduy. Responses due by 2/20/2026. (Carrazana, Christian) |
| Filing 10 NOTICE of Attorney Appearance by Christian Carrazana on behalf of BBB Medical Center Group Inc., Laura Adela Riquenes, Javier Sarduy. Attorney Christian Carrazana added to party BBB Medical Center Group Inc.(pty:dft), Attorney Christian Carrazana added to party Laura Adela Riquenes(pty:dft), Attorney Christian Carrazana added to party Javier Sarduy(pty:dft). (Carrazana, Christian) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants MedSalud LLC and Juan Carlos Hernandez Milan's ("Defendants") Motion for Extension of Time to File a Responsive Pleading or Motion, Including a Motion to Dismiss the Complaint. #8 . Therein, Defendants request an extension of time until March 20, 2026, to file a responsive pleading or motion to Plaintiffs' Complaint. Id. at 1. Defendants note this extension is needed because Defendants' counsel "had previously scheduled travel commitments, which will render counsel unavailable until February 18, 2026." Id. Further, upon Defendants' counsel's return from his travels, he "will require additional time to review and analyze the Complaint, which is exceptionally voluminous and exceeds 2,000 pages, including numerous exhibits and complex allegations." Id. The Court reminds Defendants what it told all Parties in the Pretrial Order at (ECF No. 4): "The Parties shall seek extensions of time in a timely fashion." (ECF No. 4). Now, Defendants have requested an extension after their deadline to respond had already placed. In doing so, they have placed the Court in an unenviable position. "[B]y 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). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Motion #8 is GRANTED IN PART. Defendants shall file a responsive pleading or motion to Plaintiffs' Complaint on or before February 20, 2026. Signed by Judge K. Michael Moore on 2/6/2026. (hyn)
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| Filing 8 First MOTION for Extension of Time WHEREFORE, Defendant respectfully requests that this Court grant this Motion for Extension of Time to Answer Complaint and enter an order extending the deadline to March 20, 2026 for Defendants to file a responsive pleading or motion, including a motion to dismiss to the Complaint filed by Plaintiffs. by Juan Carlos Hernandez Milian, Medsalud LLC. Responses due by 2/19/2026. (Attachments: #1 Text of Proposed Order)(Kaba, Moises) |
| Filing 7 NOTICE of Attorney Appearance by Moises Kaba, III on behalf of Juan Carlos Hernandez Milian, Medsalud LLC. Attorney Moises Kaba, III added to party Juan Carlos Hernandez Milian (pty:dft), Attorney Moises Kaba, III added to party Medsalud LLC(pty:dft). (Kaba, Moises) |
| Filing 6 NOTICE of Attorney Appearance by Christian Carrazana on behalf of American Health Providers, Corp., Ivonne Diaz Aportela, Health Professional Services, Inc., Luis Martinez, L.M.T., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A.. Attorney Christian Carrazana added to party American Health Providers, Corp.(pty:dft), Attorney Christian Carrazana added to party Ivonne Diaz Aportela(pty:dft), Attorney Christian Carrazana added to party Health Professional Services, Inc.(pty:dft), Attorney Christian Carrazana added to party Luis Martinez, L.M.T.(pty:dft), Attorney Christian Carrazana added to party Nestor Fernandez, M.D.(pty:dft), Attorney Christian Carrazana added to party Nestor Fernandez, M.D., P.A.(pty:dft). (Carrazana, Christian) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 1/14/2026. (hyn)
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Filing 4
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 1/14/2026. (hyn)
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| Filing 3 Summons Issued as to American Health Providers, Corp., Ivonne Diaz Aportela, BBB Medical Center Group Inc., Laura Garcia Diaz, Health Professional Services, Inc., Juan Carlos Hernandez Milian, Luis Martinez, L.M.T., Medsalud LLC, Multimed Care, Inc., Nestor Fernandez, M.D., Nestor Fernandez, M.D., P.A., Laura Adela Riquenes, Ivan Perez Rodriguez, Javier Sarduy, Osvaldo Dubiel Perez Turino. (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 Marty Fulgueira Elfenbein 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 $ 405.00 receipt number AFLSDC-19113920, filed by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Health Professional, #4 Exhibit American Health Providers, #5 Exhibit Multimed, #6 Exhibit MedSalud, #7 Exhibit BBB Medical, #8 Exhibit Nestor Fernandez, M.D., P.A.)(Gershenoff, Max) |
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