Lott v. Health Gorilla, Inc.
| Ricky Lott, Holly Hughes, Tatyana Malenkovich, Amy Hawkins and Randall Brink |
| Health Gorilla, Inc., Ravillamed PLLC, Unique Medi Tech LLC, Mammoth Path Solution, LLC, Mammoth RX, Inc., Unit 387 LLC, SelfRX, LLC and Critical Care Nurse Consultants, LLC |
| 1:2026cv21639 |
| March 12, 2026 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Personal Property: Other |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 6, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 45
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Unique Medi Tech LLC d/b/a Mammoth DX, Mammoth Path Solution, LLC, and Mammoth RX, Inc.'s (the "Mammoth Defendants") Unopposed Motion for Extension of Time to Respond to Complaint. #41 . As stated in its Order on May 5, 2026, the Court reminds Defendants they "are not required to respond to any prior complaints in this case, as the forthcoming consolidated complaint shall be operative." (ECF No. 38). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Mammoth Defendants' Motion #41 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 5/6/2026. (hyn)
|
|
Filing 44
PAPERLESS ORDER. THIS CAUSE came before the Court upon Attorney Daniel Ledesma and the law firm of Fenwick & West LLP's Motion to Withdraw as Attorney of Record. #42 . Therein, Attorney Ledesma and his law firm request to withdraw as counsel of record for Defendant Health Gorilla, Inc. because it has retained new counsel. Id. at 1-2 (citing (ECF Nos. 31-32). 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 the Motion to Withdraw #42 is GRANTED. Attorney Daniel Ledesma and law firm Fenwick & West LLP are relieved of all further responsibilities related to this action. The Clerk of Court is INSTRUCTED to REMOVE Daniel Ledesma and Fenwick & West LLP as counsel of record. Signed by Judge K. Michael Moore on 5/6/2026. (hyn)
|
| Filing 43 NOTICE of Attorney Appearance by Merema Mary Nikezic on behalf of Unit 387 LLC. Attorney Merema Mary Nikezic added to party Unit 387 LLC(pty:condft). (Nikezic, Merema Mary) |
| Filing 42 MOTION to Withdraw as Attorney by Daniel W. Ledesma for / by Health Gorilla, Inc.. Responses due by 5/19/2026. (Attachments: #1 Text of Proposed Order)(Ledesma, Daniel) |
| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Mammoth Path Solution, LLC, Mammoth RX, Inc., Unique Medi Tech LLC. Responses due by 5/19/2026. (Attachments: #1 Text of Proposed Order)(Kim, Jay) |
| Filing 40 NOTICE of Attorney Appearance by Jay Kim on behalf of Mammoth Path Solution, LLC, Mammoth RX, Inc., Unique Medi Tech LLC (Kim, Jay) |
| Filing 39 NOTICE of Striking #35 Notice of Attorney Appearance filed by Unique Medi Tech LLC, #36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, filed by Unique Medi Tech LLC, Mammoth Path Solution, LLC, Mammoth RX, Inc. by Mammoth Path Solution, LLC, Mammoth RX, Inc., Unique Medi Tech LLC. Attorney Jay Kim added to party Mammoth Path Solution, LLC(pty:condft), Attorney Jay Kim added to party Mammoth RX, Inc.(pty:condft), Attorney Jay Kim added to party Unique Medi Tech LLC(pty:condft). (Kim, Jay) |
|
Filing 38
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Health Gorilla, Inc.'s ("Health Gorilla") Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint #34 and Defendants Unique Medi Tech LLC D/B/A Mammoth DX, Mammoth Path Solution, LLC, and Mammoth RXX, Inc.'s (collectively, the "Mammoth Defendants") Unopposed Motion for Extension of Time to Respond to Complaint #36 . In these motions, Health Gorilla and the Mammoth Defendants each seek substantial extensions of their deadline to respond to the Complaint. See (ECF Nos. 34, 36). Per the Court's Order at (ECF No. 27), however, Plaintiffs in this case have been ordered to file a consolidated complaint. #27 at 3. Therefore, Defendants are not required to respond to any prior complaints in this case, as the forthcoming consolidated complaint shall be operative. Accordingly, UPON CONSIDERATION of Health Gorilla's Motion, the Mammoth Defendants' Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motions at (ECF Nos. 34, 36) are DENIED AS MOOT. Defendants are not required to file a responsive pleading until thirty (30) days after the consolidated complaint is filed. Signed by Judge K. Michael Moore on 5/5/2026. (hyn)
|
| Filing 37 Clerk's Notice to Filer re #35 Notice of Attorney Appearance, #36 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, . Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 36 STRICKEN per DE #39 . Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Mammoth Path Solution, LLC, Mammoth RX, Inc., Unique Medi Tech LLC. Attorney Jessica Hannul Roman added to party Mammoth Path Solution, LLC(pty:condft), Attorney Jessica Hannul Roman added to party Mammoth RX, Inc.(pty:condft). Responses due by 5/18/2026. (Attachments: #1 Text of Proposed Order Proposed Order)(Roman, Jessica) Modified on 5/5/2026 (pcs). |
| Filing 35 STRICKEN per DE #39 . NOTICE of Attorney Appearance by Jessica Hannul Roman on behalf of Unique Medi Tech LLC. Attorney Jessica Hannul Roman added to party Unique Medi Tech LLC(pty:condft). (Roman, Jessica) Modified on 5/5/2026 (pcs). |
| Filing 34 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to (1 in 1:26-cv-21639-KMM) Complaint, by Health Gorilla, Inc.. Responses due by 5/18/2026. Associated Cases: 1:26-cv-21639-KMM, 1:26-cv-22328-KMM(Young, Julia) |
| Filing 33 NOTICE Regarding Consolidation by Randall Brink, Amy Hawkins (Homer, Michael) |
| Filing 32 NOTICE of Attorney Appearance by Julia Grimke Young on behalf of Health Gorilla, Inc.. Attorney Julia Grimke Young added to party Health Gorilla, Inc.(pty:dft). Associated Cases: 1:26-cv-21639-KMM, 1:26-cv-22328-KMM (Young, Julia) |
| Filing 31 NOTICE of Attorney Appearance by John Yates Benford on behalf of Health Gorilla, Inc.. Attorney John Yates Benford added to party Health Gorilla, Inc.(pty:dft). Associated Cases: 1:26-cv-21639-KMM, 1:26-cv-22328-KMM (Benford, John) |
|
Filing 30
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:26-cv-22328-KMM, 1:26-cv-22757-KMM, and 1:26-cv-21639-KMM involve common questions of law and fact, such that consolidation is appropriate. Accordingly, Case Nos. 1:26-cv-22328-KMM and 1:26-cv-22757-KMM are hereby CONSOLIDATED with Case No. 1:26-cv-21639-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case Nos. 1:26-cv-22328-KMM and 1:26-cv-22757-KMM. All future filings MUST be made only in the lead case, Case No. 1:26-cv-21639-KMM. All pending motions, if any, in Case Nos. 1:26-cv-22328-KMM and 1:26-cv-22757-KMM are DENIED AS MOOT. It is further ORDERED that Plaintiffs in Case Nos. 1:26-cv-22328-KMM and 1:26-cv-22757-KMM shall file a notice in Case No. 1:26-cv-21639-KMM within seven (7) days of the entry of this Order, indicating whether they object to joining in the forthcoming consolidated complaint referenced at (ECF No. 27) in Case No. 1:26-cv-21639-KMM. Signed by Judge K. Michael Moore on 4/28/2026. (hyn)
|
| Filing 29 STATUS REPORT Plaintiffs' Status Report Regarding Additional Related Cases to be Consolidated by Ricky Lott (Ostrow, Jeffrey) |
| Filing 28 NOTICE of Attorney Appearance by Jeffrey Miles Ostrow on behalf of Holly Hughes (Ostrow, Jeffrey) |
|
Filing 27
ORDER CONSOLIDATING CASE and APPOINTING INTERIM CLASS COUNSEL. All future filings, including the consolidated complaint, must be made only in the lead case, Case No. 1:26-cv-21639-KMM. Mariya Weekes of Milberg, PLLC, Jeff Ostrow of Kopelowitz Ostrow P.A., and Tom Zimmerman of Zimmerman Law Offices, P.C. are appointed as interim class counsel. Signed by Judge K. Michael Moore on 4/21/2026. See attached document for full details. (hyn)
|
| Filing 26 Clerk's Notice to Filer re #25 STIPULATION/MOTION to Vacate #21 Clerk's Entry/Non-Entry of Default,MOTION to Consolidate Related Actions,MOTION to Appoint Interim Class Counsel, and MOTION to Schedule Consolidated Complaint and Response Deadlines. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (jas) |
| Filing 25 STIPULATION/MOTION to Vacate #21 Clerk's Entry/Non-Entry of Default, MOTION to Consolidate Related Actions, MOTION to Appoint Interim Class Counsel, and MOTION to Schedule Consolidated Complaint and Response Deadlines, by Health Gorilla, Inc. (Attachments: #1 Text of Proposed Order)(Ledesma, Daniel) Modified text, and add Motion Reliefs on 4/17/2026 (jas). |
| Filing 24 NOTICE of Attorney Appearance by Daniel Wolfgang Ledesma on behalf of Health Gorilla, Inc.. Attorney Daniel Wolfgang Ledesma added to party Health Gorilla, Inc.(pty:dft). (Ledesma, Daniel) |
|
Filing 23
PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk's Entry of Default as to Health Gorilla Inc. #21 . 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 4/15/2026. (hyn)
|
| Filing 22 CLERK'S NOTICE - Attorney Admissions has updated the address information for PHV attorney Thomas A. Zimmerman, Jr. re #16 Notice (Other), 18 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 21 VACATED Clerk's Entry of Default as to Health Gorilla, Inc. - Motions Terminated: #17 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 4/14/2026. (ls) Modified on 4/21/2026 (cqs). Per DE #27 . |
| Filing 20 Clerk's Notice to Filer re #17 MOTION for Default Judgment . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 19 Clerk's Notice to Filer re #16 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#18]. It is not necessary to refile this document. (ls) |
| Filing 18 NOTICE of Change of Address/Contact Information; Attorney Admissions was noticed; by Michael Andrew Smith, Jr. (ls)(See Image at DE #16) |
| Filing 17 Motion for Clerks Entry of Default by Ricky Lott. Responses due by 4/27/2026. (Smith, Michael) Modified Relief on 4/14/2026 (ls). |
| Filing 16 NOTICE of Change of Firm Address of Zimmerman Law Offices by Ricky Lott (Smith, Michael) |
| Filing 15 Joint MOTION to Consolidate Cases and Appoint Interim Class Counsel for Filing of Consolidated Complaint by Ricky Lott. Responses due by 4/10/2026. (Attachments: #1 Exhibit A - Milberg Resume, #2 Exhibit B - KO Resume, #3 Exhibit C - Zimmerman Resume)(Smith, Michael) |
| Filing 14 NOTICE of Attorney Appearance Pro Hac Vice for Additional Party Representation(s) for Ricky Lott. All information provided in support of the initial #12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc E. Dann. Filing Fee $ 250.00 Receipt # AFLSDC-19351760 remains current and correct, including the sponsoring co-counsel. (Smith, Michael) |
|
Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc E. Dann. #12 . 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 #12 is GRANTED. Marc E. Dann may appear pro hac vice in this matter on behalf of Plaintiff Ricky Lott. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 3/26/2026. (hyn)
|
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc E. Dann. Filing Fee $ 250.00 Receipt # AFLSDC-19351760 by Ricky Lott. Responses due by 4/8/2026. (Smith, Michael) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Ricky Lott. Health Gorilla, Inc. served on 3/19/2026, response/answer due 4/9/2026. (Smith, Michael) |
| Filing 10 NOTICE of Attorney Appearance Pro Hac Vice for Additional Party Representation(s) for Ricky Lott. All information provided in support of the initial #8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas A. Zimmerman, Jr.. Filing Fee $ 250.00 Receipt # AFLSDC-19321340 remains current and correct, including the sponsoring co-counsel. (Smith, Michael) |
|
Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas A. Zimmerman, Jr. #8 . 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 #8 is GRANTED. Thomas A. Zimmerman, Jr. may appear pro hac vice in this matter on behalf of Plaintiff Rick Lott. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 3/18/2026. (hyn)
|
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas A. Zimmerman, Jr.. Filing Fee $ 250.00 Receipt # AFLSDC-19321340 by Ricky Lott. Responses due by 3/31/2026. (Smith, Michael) |
|
Filing 7
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/16/2026. See attached document for full details. (ls)
|
|
Filing 6
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 3/13/2026. (hyn)
|
|
Filing 5
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 3/13/2026. (hyn)
|
| Filing 4 Bar Letter re: Admissions sent to attorney Thomas A. Zimmerman Jr and Marc E. Dann, mailing date March 12, 2026, (pt) |
| Filing 3 Summons Issued as to Health Gorilla, Inc. (scn) |
| 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. (scn) |
| Filing 1 COMPLAINT Class Action against Health Gorilla, Inc.. Filing fees $ 405.00 receipt number AFLSDC-19307946, filed by Ricky Lott. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Proposed Summons on Health Gorilla)(Smith, Michael) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
