Government Employees Insurance Co. et al v. Morales & Medina Therapy, Corp. et al
| Government Employees Insurance Co., Geico Indemnity Co., GEICO General Insurance Company and Geico Casualty Co. |
| D.O. Bradley M. White, Wind River Medical Group, Inc., Yoel Naveira, Joan Santos Perez, Daliany Betancourt, M.D. Daniel P. Loren, Aloha Medical Center, Corp., P.T.A. Manuel Valdes, Maikelin Cabrera Sampayo, Carlos Andres Chica, M.D. Adonis Maiquez, Happy Mental Health, Inc., Yosnely Pereda Sosa, D.O. Tara Ann Howard, D.O. Akhil Gupta, CT-MRI of South Florida, L.L.C., Dariem Bermudez, Crypto Medical Clinic, L.L.C., Jorge Batista and M.D. John Howard |
| 1:2026cv24627 |
| July 6, 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 46
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Notice of Dismissal With Prejudice regarding Defendants Morales & Medina Therapy, Corp., Juan C. Morales and Walter Jermakowicz, M.D. #45 . Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment, or after an answer has been filed where the dismissal bears the signatures of both parties. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, neither an answer nor a motion for summary judgment has been filed by Defendants Morales & Medina Therapy, Corp., Juan C. Morales and Walter Jermakowicz, M.D. Accordingly, UPON CONSIDERATION of the Notice, 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 WITH PREJUDICE as to Defendants Morales & Medina Therapy, Corp., Juan C. Morales and Walter Jermakowicz, M.D. Signed by Judge K. Michael Moore on 8/19/2026. (hyn)
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| Filing 45 NOTICE of Voluntary Dismissal With Prejudice as to Defendants Morales & Medina Therapy, Corp., Juan C. Morales, and Walter Jermakowicz, M.D. by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Wenger, Kristen) |
| Filing 44 Plaintiff's NOTICE REGARDING ITS INTENT TO FILE AMENDED COMPLAINT UPON EXPIRATION OF THE COURT-ORDERED STAY by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. re #1 Complaint,, (Wenger, Kristen) Text Modified on 8/11/2026 (cqs). |
| Civil Case Terminated. Closing Case. Per DE 42 . (cqs) |
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Filing 43
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/7/2026. See attached document for full details. (wce)
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Filing 42
PAPERLESS ORDER. THIS CAUSE came before the Court upon Attorney Abraham Ovadia, Esq.'s Unopposed Motion to Withdraw as Counsel for Defendant Yosnely Pereda Sosa. #27 . Therein, Attorney Ovadia notes that "[i]rreconcilable differences have arisen such that the undersigned can no longer represent" Defendant Sosa. Id. at 1. Attorney Ovadia requests that this case be stayed for thirty (30) days so that Defendant Sosa can retain new counsel. Id. at 2. Rather than leave Defendant Sosa unrepresented, the Court finds that it is appropriate to stay this case such that Defendant Sosa can either retain new counsel or inform the Court of her intent to proceed pro se. Accordingly, 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 Attorney Ovadia's Motion to Withdraw #27 is DENIED WITHOUT PREJUDICE. The case is hereby STAYED for thirty (30) days. The Clerk of Court is ORDERED to ADMINISTRATIVELY CLOSE this case. Within thirty (30) days of this Order, Defendant Sosa is ORDERED to file a notice on the docket, either indicating that Defendant has retained new counsel or intends to proceed pro se. Further, the Court notes that Defendant Wind River Medical Group, Inc. has filed a notice indicating it intends to participate in these proceedings but has not retained legal counsel. #40 . However, a corporation 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, Defendant Wind River Medical Group, Inc. is also ORDERED to file a notice on the docket within thirty (30) days of this Order, indicating whether it has retained counsel. Failure to do so will result in entry of default. Signed by Judge K. Michael Moore on 8/7/2026. (hyn)
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| Filing 41 NOTICE TO THE COURT REGARDING PRO SE STATUS AND INTENT TO COOPERATE by Daliany Betancourt (ksr) |
| Filing 40 NOTICE REGARDING WIND RIVER MEDICAL GROUP, INC.'S INTENT TOCOOPERATE by Daliany Betancourt (ksr) |
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Filing 39
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 8/7/2026. (hyn)
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Filing 38
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 8/7/2026. (hyn)
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Filing 37
PAPERLESS ORDER REASSIGNING CASE to Magistrate Judge Marty Fulgueira Elfenbein for all further proceedings, Magistrate Judge Edwin G. Torres no longer assigned to case. Upon the recusal and reassignment of the case, the undersigned certifies that there are no referred pending motions in the action. Accordingly the case is suitable for reassignment to the successor District Judge's paired Magistrate Judge. Signed by Magistrate Judge Edwin G. Torres on 8/7/2026. (EGT)
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Filing 36
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Akhil Gupta, D.O.'s Agreed Motion for Extension of Time to Respond to Plaintiffs' Complaint #28 and Defendants Crypto Medical Clinic and Jorge Batista's Agreed Motion for Extension of Time #35 . In both Motions, Defendants request extensions of time to respond to Plaintiff's Complaint #1 . Defendant Gupta requests an extension until August 25, 2026. See generally (ECF No. 28). He does not explain the basis for needing said extension. See generally id. Defendants Crypto Medical Clinic and Batista request an extension until September 5, 2026, to provide the Parties "with an opportunity to explore the possibility of an early resolution." See (ECF No. 35) at 2. The Court will grant extensions, but will give Defendant Gupta only a brief extension because he did not provide enough information to justify a lengthy extension. Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motion at (ECF No. 28) is GRANTED IN PART and the Motion at (ECF No. 35) is GRANTED. Defendant Gupta shall respond to Plaintiff's Complaint on or before August 14, 2026. Defendants Crypto Medical Clinic and Batista shall respond to Plaintiff's Complaint on or before September 5, 2026. Signed by Judge K. Michael Moore on 8/7/2026. (hyn)
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| Reset Response/Answer Due Deadline: Jorge Batista response/answer due 9/5/2026; Crypto Medical Clinic, L.L.C. response/answer due 9/5/2026; Akhil Gupta response/answer due 8/14/2026. Per DE 36 . (ksr) |
| Filing 35 MOTION for Extension of Time to respond to Complaint re #15 Summons Returned Executed, #11 Summons Returned Executed, #1 Complaint,, by Jorge Batista, Crypto Medical Clinic, L.L.C.. Responses due by 8/20/2026. (Schurr, Kenneth) |
| Filing 34 NOTICE of Attorney Appearance by Kenneth B Schurr on behalf of Jorge Batista, Crypto Medical Clinic, L.L.C.. Attorney Kenneth B Schurr added to party Jorge Batista(pty:dft), Attorney Kenneth B Schurr added to party Crypto Medical Clinic, L.L.C.(pty:dft). (Schurr, Kenneth) |
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Filing 33
ORDER OF RECUSAL. Judge Jacqueline Becerra recused. Case reassigned to Judge K. Michael Moore for all further proceedings. Signed by Judge Jacqueline Becerra on 8/5/2026. See attached document for full details. (spe)
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Filing 32
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendants CT-MRI of South Florida, L.L.C. and Dariem Bermudez's Unopposed Motion for Extension of Time to Respond to the Complaint (the "Motion"), ECF No. #31 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants shall file their response to by no later than Wednesday, September 9, 2026. Signed by Judge Jacqueline Becerra (drn)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Dariem Bermudez, CT-MRI of South Florida, L.L.C.. Responses due by 8/19/2026. (Attachments: #1 Exhibit 1 - Proposed Order)(Kolaya, Timothy) |
| Filing 30 NOTICE of Attorney Appearance by Timothy Andrew Kolaya on behalf of Dariem Bermudez, CT-MRI of South Florida, L.L.C.. Attorney Timothy Andrew Kolaya added to party Dariem Bermudez(pty:dft), Attorney Timothy Andrew Kolaya added to party CT-MRI of South Florida, L.L.C.(pty:dft). (Kolaya, Timothy) |
| Reset Response/Answer Due Deadline: Dariem Bermudez response/answer due 9/9/2026; CT-MRI of South Florida, L.L.C. response/answer due 9/9/2026. Per DE 32 . (ksr) |
| Reset Response/Answer Due Deadline: Happy Mental Health, Inc. response/answer due 9/18/2026. Per DE 29 . (ksr) |
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Filing 29
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendant Happy Mental Health, Inc.'s Motion for Extension of Time to Respond to Plaintiff's Complaint (the "Motion"), ECF No. #26 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall file a response by no later than Friday, September 18, 2026. Signed by Judge Jacqueline Becerra (drn)
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| Filing 28 Unopposed MOTION for Extension of Time Response to Complaint re #1 Complaint,, by Akhil Gupta. Attorney Eric Geoffrey Canter added to party Akhil Gupta(pty:dft). Responses due by 8/18/2026. (Canter, Eric) |
| Filing 27 MOTION to Withdraw as Attorney by Abraham Ovadia for / by Yosnely Pereda Sosa. Responses due by 8/18/2026. (Attachments: #1 Text of Proposed Order)(Ovadia, Abraham) |
| Filing 26 Amended MOTION for Extension of Time 45-day extension of time to answer Plaintiffs' Complaint by Happy Mental Health, Inc.. Responses due by 8/17/2026. (Suarez, Edersy) |
| Reset Response Due Deadline: Yoel Naveira response/answer due 9/8/2026. Per DE 25 . (ksr) |
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Filing 25
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendant Yoel Naveira's Unopposed Motion for Extension of Time to File Response to Complaint (the "Motion"), ECF No. #24 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall file a response by no later than Tuesday, September 8, 2026. Signed by Judge Jacqueline Becerra (drn)
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| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Yoel Naveira. Responses due by 8/14/2026. (Attachments: #1 Text of Proposed Order)(Izaguirre, Alfredo) |
| Filing 23 NOTICE of Attorney Appearance by Alfredo A. Izaguirre on behalf of Yoel Naveira. Attorney Alfredo A. Izaguirre added to party Yoel Naveira(pty:dft). (Izaguirre, Alfredo) |
| Filing 22 NOTICE of Attorney Appearance by Abraham Ovadia on behalf of Yosnely Pereda Sosa. Attorney Abraham Ovadia added to party Yosnely Pereda Sosa(pty:dft). (Ovadia, Abraham) |
| Filing 21 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.. Dariem Bermudez served on 7/20/2026, response/answer due 8/10/2026; Yoel Naveira served on 7/18/2026, response/answer due 8/10/2026; Manuel Valdes served on 7/23/2026, response/answer due 8/13/2026; Bradley M. White served on 7/26/2026, response/answer due 8/17/2026. (Attachments: #1 Affidavit of Service for Dariem Bermudez, #2 Affidavit of Service for Bradley White, #3 Affidavit of Service for Yoel Naviera, #4 Affidavit of Service for Manuel Valdes)(Wenger, Kristen) |
| Filing 20 WAIVER OF SERVICE Returned Executed by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. Adonis Maiquez waiver sent on 7/27/2026, response/answer due 9/25/2026. (Wenger, Kristen) |
| Filing 19 WAIVER OF SERVICE Returned Executed by Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. Maikelin Cabrera Sampayo waiver sent on 7/27/2026, response/answer due 9/25/2026. (Wenger, Kristen) |
| Filing 18 NOTICE of Attorney Appearance by Christian Carrazana on behalf of Aloha Medical Center, Corp., Carlos Andres Chica, Adonis Maiquez, Maikelin Cabrera Sampayo. Attorney Christian Carrazana added to party Aloha Medical Center, Corp.(pty:dft), Attorney Christian Carrazana added to party Carlos Andres Chica(pty:dft), Attorney Christian Carrazana added to party Adonis Maiquez(pty:dft), Attorney Christian Carrazana added to party Maikelin Cabrera Sampayo(pty:dft). (Carrazana, Christian) |
| Filing 17 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.. Aloha Medical Center, Corp. served on 7/15/2026, response/answer due 8/5/2026; Akhil Gupta served on 7/21/2026, response/answer due 8/11/2026; Happy Mental Health, Inc. served on 7/14/2026, response/answer due 8/4/2026. (Attachments: #1 Affidavit of Service for Atlantic Medical Center, #2 Affidavit of Service for Akhil Cupta, DO, #3 Affidavit of Service for Happy Mental Health)(Wenger, Kristen) |
| Filing 16 NOTICE Regarding Defendant Morales & Medina Therapy, Corp.'s Deadline to Respond to Complaint by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. re #10 Summons Returned Executed,,, (Wenger, Kristen) |
| Filing 15 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.. Crypto Medical Clinic, L.L.C. served on 7/15/2026, response/answer due 8/5/2026. (Attachments: #1 Affidavit of Service for Crypto Medical Clinic, LLC)(Wenger, Kristen) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendant Happy Mental Health, Inc.'s Motion for Extension of Time to Respond to Plaintiffs' Complaint (the "Motion"), ECF No. #13 . Defendant is hereby ORDERED to refile the Motion and include Plaintiffs' position on the Motion, and the correct case number. Signed by Judge Jacqueline Becerra (drn)
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| Filing 13 MOTION for Extension of Time of Discovery Cutoff Deadline ( Responses due by 8/4/2026.), Defendant's MOTION for Extension of Time to respond to Complaint by Happy Mental Health, Inc.. (Suarez, Edersy) Modified on 8/3/2026 (mf). |
| Filing 12 NOTICE of Attorney Appearance by Edersy Suarez on behalf of Happy Mental Health, Inc.. Attorney Edersy Suarez added to party Happy Mental Health, Inc.(pty:dft). (Suarez, Edersy) |
| 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 Geico Indemnity Co., Government Employees Insurance Co., GEICO General Insurance Company, Geico Casualty Co.. Jorge Batista served on 7/17/2026, response/answer due 8/7/2026. (Attachments: #1 Affidavit of Service for Jorge Batista)(Wenger, Kristen) |
| Filing 10 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.. Daliany Betancourt served on 7/15/2026, response/answer due 8/5/2026; CT-MRI of South Florida, L.L.C. served on 7/14/2026, response/answer due 8/4/2026; Carlos Andres Chica served on 7/15/2026, response/answer due 8/5/2026; Morales & Medina Therapy, Corp. served on 7/15/2026, response/answer due 8/5/2026; Wind River Medical Group, Inc. served on 7/15/2026, response/answer due 8/5/2026. (Attachments: #1 Affidavit of Service for Morales and Medina Therapy, Corp., #2 Affidavit of Service for Daliany Betancourt, #3 Affidavit of Service for Carlos Andrea Chica, #4 Affidavit of Service for Wind River Medical Group, Inc., #5 Affidavit of Service for CT-MRI of South Florida, LLC)(Wenger, Kristen) |
| Filing 9 NOTICE of Attorney Appearance by Abraham Ovadia on behalf of Juan C. Morales, Morales & Medina Therapy, Corp.. Attorney Abraham Ovadia added to party Juan C. Morales(pty:dft), Attorney Abraham Ovadia added to party Morales & Medina Therapy, Corp.(pty:dft). (Ovadia, Abraham) |
| Filing 8 REQUEST FOR WAIVER of Service sent to Max Gershenoff, Esquire on July 14, 2026 by Walter Jermakowicz. Waiver of Service due by 9/14/2026. (Phillips, Mac) |
| Filing 7 NOTICE of Attorney Appearance by Mac Samuel Phillips on behalf of Walter Jermakowicz. Attorney Mac Samuel Phillips added to party Walter Jermakowicz(pty:dft). (Phillips, Mac) |
| Filing 6 Plaintiff's NOTICE of Filing Waiver of the Service of Summons for Certain Defendants by GEICO General Insurance Company, Geico Casualty Co., Geico Indemnity Co., Government Employees Insurance Co. (Attachments: #1 Exhibit Waiver of Service) (Wenger, Kristen) |
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Filing 5
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/JB_RevisedTemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra (drn)
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Filing 4
ORDER OF RECUSAL. Judge Roy K. Altman recused. Case reassigned to Judge Jacqueline Becerra and Magistrate Judge Edwin G. Torres for all further proceedings. Signed by Judge Roy K. Altman on 7/8/2026. See attached document for full details. (spe)
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| Filing 3 Summons Issued as to Aloha Medical Center, Corp., Jorge Batista, Dariem Bermudez, Daliany Betancourt, CT-MRI of South Florida, L.L.C., Carlos Andres Chica, Crypto Medical Clinic, L.L.C., Akhil Gupta, Happy Mental Health, Inc., John Howard, Tara Ann Howard, Walter Jermakowicz, Daniel P. Loren, Adonis Maiquez, Juan C. Morales, Morales & Medina Therapy, Corp., Yoel Naveira, Joan Santos Perez, Maikelin Cabrera Sampayo, Yosnely Pereda Sosa, Manuel Valdes, Bradley M. White, Wind River Medical Group, Inc.. (ksr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Yeney Hernandez 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. (ksr) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19720978, 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 Morales & Medina Therapy RICO Chart, #4 Exhibit Wind River RICO Chart, #5 Exhibit Aloha Medical RICO Chart, #6 Exhibit Happy Mental Health RICO Chart, #7 Exhibit CT-MRI of South Florida RICO Chart, #8 Exhibit Crypto Medical Center RICO Chart)(Gershenoff, Max) |
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