Donohue v. PSL Rehabilitation and Healthcare LLC
Plaintiff: Patrick Donohue
Defendant: PSL Rehabilitation and Healthcare LLC d/b/a Port St. Lucie Rehabilitation and Healthcare and PSL REHABILITATION AND HEALTHCARE, LLC doing business as PORT ST. LUCIE REHABILITATION AND HEALTHCARE
Case Number: 2:2023cv14027
Filed: February 1, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Ryon M McCabe
Referring Judge: K Michael Moore
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2023 Opinion or Order Filing 16 PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On February 2, 2023, the Court entered a Pretrial Order, (ECF No. 3), requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held within (20) days of the date of this Order. Id. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs." Id. The deadline for filing a joint scheduling report has passed and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the Parties filing of a joint scheduling report. Signed by Judge K. Michael Moore on 3/31/2023. (rfr)
March 16, 2023 Filing 15 REPLY to Response to Motion re #12 MOTION to Remand to State Court filed by Patrick Donohue. (Markese, David)
March 9, 2023 Filing 14 RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by PSL REHABILITATION AND HEALTHCARE, LLC. Replies due by 3/16/2023. (Munoz, Lisa)
March 8, 2023 Filing 13 RESPONSE in Opposition re #10 MOTION to Stay Pending the Eleventh Circuit Court of Appeals' Ruling in Schleider, et al. vs. GVDB Operations LLC filed by Patrick Donohue. Replies due by 3/15/2023. (Markese, David)
February 24, 2023 Filing 12 MOTION to Remand to State Court by Patrick Donohue. (Markese, David)
February 22, 2023 Filing 11 Unopposed MOTION to Stay re 3 Pretrial Order,,,,,,,,,,,,,,,,,,, by Patrick Donohue. Responses due by 3/8/2023 (Markese, David)
February 22, 2023 Filing 10 MOTION to Stay Pending the Eleventh Circuit Court of Appeals' Ruling in Schleider, et al. vs. GVDB Operations LLC by PSL REHABILITATION AND HEALTHCARE, LLC. Responses due by 3/8/2023 (Attachments: #1 Exhibit Exhibit A - Donohue State Court Motion to Dismiss, #2 Exhibit Exhibit B - Schleider Complaint, #3 Exhibit Exhibit C - Schleider Notice of Removal, #4 Exhibit Exhibit D - Schleider Remand Order, #5 Exhibit Exhibit E - Schleider Notice of Appeal)(Munoz, Lisa)
February 15, 2023 Filing 9 NOTICE of Attorney Appearance by David J Markese on behalf of Patrick Donohue. Attorney David J Markese added to party Patrick Donohue(pty:pla). (Markese, David)
February 8, 2023 Opinion or Order Filing 8 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Teresa Pike Tomlinson to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #5 . 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 #5 is GRANTED. Teresa Pike Tomlinson may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to ttomlinson@hallboothsmith.com. Signed by Judge K. Michael Moore on 2/8/2023. (rfr)
February 7, 2023 Opinion or Order Filing 7 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Ryon M. McCabe on 2/7/2023. See attached document for full details. (mee)
February 3, 2023 Filing 6 Bar Letter re: Admissions sent to attorney Tiffany A. Rousso, mailing date February 3, 2023, (pt)
February 3, 2023 Filing 5 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Teresa Pike Tomlinson. Filing Fee $ 200.00 Receipt # AFLSDC-16293846 by PSL REHABILITATION AND HEALTHCARE, LLC. Responses due by 2/17/2023 (Attachments: #1 Exhibit Certificate of Good Standing)(Munoz, Lisa)
February 2, 2023 Opinion or Order Filing 4 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE RYON M. MCCABE. 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 Ryon M. McCabe 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 Ryon M. McCabe's discovery procedures. Signed by Judge K. Michael Moore on 2/2/2023. (rfr)
February 2, 2023 Opinion or Order Filing 3 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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 2/2/2023. (rfr)
February 1, 2023 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 Ryon M. McCabe 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. (aao)
February 1, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - First Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-16288743, filed by PSL Rehabilitation and Healthcare LLC d/b/a Port St. Lucie Rehabilitation and Healthcare. (Attachments: #1 Exhibit Complaint, #2 Exhibit Service of Process, #3 Exhibit Pltfs Amended Complaint, #4 Exhibit Civil Cover Sheet)No Answer/Motion to Dismiss. (Munoz, Lisa) Modified text on 2/2/2023 (aao).

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Plaintiff: Patrick Donohue
Represented By: Tiffany A. Rousso
Represented By: David J Markese
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Defendant: PSL Rehabilitation and Healthcare LLC d/b/a Port St. Lucie Rehabilitation and Healthcare
Represented By: Lisa M Munoz
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Defendant: PSL REHABILITATION AND HEALTHCARE, LLC doing business as PORT ST. LUCIE REHABILITATION AND HEALTHCARE
Represented By: Teresa Pike Tomlinson
Represented By: Lisa M Munoz
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