Urdanivia v. University of Miami
| ALOIMER URDANIVIA |
| University of Miami doing business as UHEALTH |
| 1:2026cv21576 |
| March 10, 2026 |
| U.S. District Court for the Southern District of Florida |
| Enjolique A Lett |
| Civil Rights: Jobs |
| 38 U.S.C. § 4311 Uniformed Service Employment or Reemployment Rights Act - Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 22, 2026. A more recent docket listing may be available from PACER.
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Filing 33
ORDER OF RECUSAL. Magistrate Judge Marty Fulgueira Elfenbein recused. Case reassigned to Magistrate Judge Enjolique A. Lett for all further proceedings. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/19/2026. See attached document for full details. (vjk)
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Filing 32
ORDER SCHEDULING MEDIATION before Mediator Judge Rosa Rodriguez. (Mediation Hearing set for 1/19/2027 10:00 AM ), (Mediation Report due by 1/26/2027.). Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/9/2026. See attached document for full details. (jas)
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| Filing 31 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Rosa Rodriguez as Mediator. Mediation Hearing set for 1/19/2027 at 10:00 a.m.. (Yannuzzi, Christopher) |
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Filing 30
ORDER SETTING DISCOVERY STATUS CONFERENCE: Status Conference Re: Discovery Matters set for 12/7/2026 01:00 PM before Magistrate Judge Marty Fulgueira Elfenbein via Zoom. Status Report due by 11/30/2026. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/4/2026. See attached document for full details. (wce)
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Filing 29
ORDER Setting Trial and Pre-Trial Schedule: Jury Trial set for 5/17/2027 in Miami Division before Magistrate Judge Marty Fulgueira Elfenbein. Pretrial Conference set for 5/11/2027 01:30 PM in Miami Division before Magistrate Judge Marty Fulgueira Elfenbein. Amended Pleadings due by 9/4/2026. Discovery due by 1/19/2027. Expert Discovery due by 1/19/2027. Joinder of Parties due by 9/4/2026. Mediation Deadline 2/3/2027. In Limine Motions due by 2/18/2027. Dispositive Motions due by 2/18/2027. Motions due by 2/18/2027. Pretrial Stipulation due by 5/4/2027. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/28/2026. 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 28 PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Status Conference held on 5/28/2026 via Zoom. The Court heard from the Parties. The Parties have agreed on a special set trial date of May 17, 2027. Scheduling Order to follow.Total time in court: 10 minutes. Attorney Appearance(s): Christopher Michael Yannuzzi, (counsel for the Defendant); Nicolas Abdel Yoda, (counsel for the Plaintiff) (Digital 10:13:28; MFE_01_5-28-2026 (Zoom) (ogn1) |
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Filing 27
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff's Motion for Leave to File Sur-reply in Opposition to Defendant's Motion to Dismiss (the "Motion"), ECF No. #21 . In the Motion, Plaintiff requests permission to file a Sur-reply, explaining that Defendant's Reply contains citations to 23 new cases not previously cited in the Motion and "several new legal theories." See ECF No. #21 at 2. Under Local Rule 7.1(c), a reply is "limited to rebuttal of matters raised in the memorandum in opposition without reargument of matters covered in the movant's initial memorandum of law." See S.D. Fla. L.R. 7.1(c). "A district court's decision to allow the filing of a sur-reply is purely discretionary and should generally only be allowed when 'a valid reason for such additional briefing exists, such as where the movant raises new arguments in its reply brief.'" See Equal Emp. Opportunity Comm'n v. Univ. of Miami, No. 19-CV-23131, 2021 WL 2349490, at *1 (S.D. Fla. June 9, 2021) (quoting First Specialty Ins. Corp. v. 633 Partners, Ltd., 300 F. App'x 777, 788 (11th Cir. 2008)). With that said, there is "'[a] significant difference... between new arguments and evidence, on the one hand, and rebuttal arguments and evidence, on the other' when they are raised in reply briefs." Id. (internal citations omitted).After review of Defendant's Reply, the Court concludes that Defendant does not raise any new arguments for the first time in the Reply. Rather, Defendant's arguments are directly tailored at rebutting the arguments within Plaintiff's Response. To the extent that Defendant cites new cases to support its rebuttal arguments or otherwise distinguishes the cases cited within Plaintiff's Response, the Court is capable of reading the cases to determine whether they support each Parties' respective position without the need for additional argument on those points. Accordingly, the Motion, ECF No. #21 , is DENIED. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/27/2026. (MFE)
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Filing 26
ORDER Setting Status Conference: Status Conference set for 5/28/2026 10:00 AM via Zoom before Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/5/2026. See attached document for full details. (scn)
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Filing 25
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Marty Fulgueira Elfenbein for all further proceedings including trial and entry of final judgment. This Cause is before the Court on the parties' Joint Consent to Jurisdiction by a United States Magistrate Judge #23 , filed May 1, 2026. The parties have stipulated to the full exercise of jurisdiction by a United States Magistrate Judge to conduct any and all further proceedings in this case, including trial and the entry of final judgment. Therefore, pursuant to 28 U.S.C. Section 636 and the Local Rules of this Court, it is hereby ORDERED AND ADJUDGED that this case is referred to U.S. Magistrate Judge Marty Fulgueira Elfenbein to conduct any and all proceedings required in this case, including trial and the entry of final judgment. Judge Joan A. Lenard is no longer assigned to this case. The Clerk is DIRECTED to effectuate the transfer of this case. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 5/4/2026. (km05)
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| Filing 24 RESPONSE in Opposition re #21 Plaintiff's MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss filed by UNIVERSITY OF MIAMI. Replies due by 5/8/2026. (Yannuzzi, Christopher) |
| Filing 23 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by UNIVERSITY OF MIAMI (Yannuzzi, Christopher) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by UNIVERSITY OF MIAMI (Attachments: #1 Exhibit - Joint Scheduling Form, #2 Exhibit - Magistrate Consent Form)(Yannuzzi, Christopher) |
| Filing 21 Plaintiff's MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss by ALOIMER URDANIVIA. Responses due by 5/8/2026. (Yoda, Nicolas) |
| Filing 20 NOTICE OF WITHDRAWAL OF MOTION by ALOIMER URDANIVIA re #19 Plaintiff's MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss filed by ALOIMER URDANIVIA (Yoda, Nicolas) |
| Filing 19 (WITHDRAWN) Plaintiff's MOTION for Leave to File Surreply in Opposition to Defendant's Motion to Dismiss by ALOIMER URDANIVIA. Responses due by 5/8/2026. (Yoda, Nicolas) Modified Per De#20 on 4/24/2026 (cds). |
| Filing 18 Defendant's REPLY in Support of Motion re #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM . filed by UNIVERSITY OF MIAMI. (Yannuzzi, Christopher) |
| Filing 17 RESPONSE in Opposition re #7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by ALOIMER URDANIVIA. Replies due by 4/21/2026. (Yoda, Nicolas) |
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Filing 16
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/3/2026. See attached document for full details. (wce)
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| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by ALOIMER URDANIVIA (Yoda, Nicolas) |
| Filing 14 Notice of NO Pending, Refiled, Related or Similar Actions by ALOIMER URDANIVIA (Yoda, Nicolas) |
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Filing 13
AMENDED ORDER Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 4/1/2026. See attached document for full details. (km05)
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Filing 12
PAPERLESS ORDER STRIKING #9 Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 4/1/2026. (km05)
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| Filing 11 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by UNIVERSITY OF MIAMI (Yannuzzi, Christopher) |
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Filing 9
(STRICKEN) Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 4/1/2026. See attached document for full details. (km05) Modified Per De#12 on 4/1/2026 (cds).
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Filing 8
Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Marty Fulgueira Elfenbein; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 4/1/2026. (Attachments: #1 Joint Consent Form, #2 Joint Scheduling Form) (km05)
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| SYSTEM ENTRY - Docket Entry 10 [notice] restricted/sealed until further notice. (cds) |
| Filing 7 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by UNIVERSITY OF MIAMI. Attorney Christopher Michael Yannuzzi added to party UNIVERSITY OF MIAMI(pty:dft). Responses due by 4/14/2026. (Yannuzzi, Christopher) |
| Filing 6 NOTICE of Attorney Appearance by Teresa Ragatz on behalf of UNIVERSITY OF MIAMI. Attorney Teresa Ragatz added to party UNIVERSITY OF MIAMI(pty:dft). (Ragatz, Teresa) |
| Filing 5 NOTICE of Attorney Appearance by Eric David Isicoff on behalf of UNIVERSITY OF MIAMI. Attorney Eric David Isicoff added to party UNIVERSITY OF MIAMI(pty:dft). (Isicoff, Eric) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ALOIMER URDANIVIA. UNIVERSITY OF MIAMI served on 3/13/2026, response/answer due 4/3/2026. (Yoda, Nicolas) |
| Filing 3 Summons Issued as to UNIVERSITY OF MIAMI. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. 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 UNIVERSITY OF MIAMI. Filing fees $ 405.00 receipt number AFLSDC-19298958, filed by ALOIMER URDANIVIA. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Yoda, Nicolas) |
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| Plaintiff: ALOIMER URDANIVIA | |
| Represented By: | Nicolas Abdel Yoda |
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| Defendant: University of Miami doing business as UHEALTH | |
| Represented By: | Teresa Ragatz |
| Represented By: | Eric David Isicoff |
| Represented By: | Christopher Michael Yannuzzi |
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