Nguyen, M.D. v. Brown et al
| Khiem Nguyen, M.D. |
| Jon Robert Brown, D.O., HCA Health Services of Florida, Inc. doing business as HCA Florida St. Lucie Hospital and John 1-10 Does |
| 2:2025cv14142 |
| May 2, 2025 |
| U.S. District Court for the Southern District of Florida |
| Ed Artau |
| Other Statutory Actions |
| Computer Fraud and Abuse Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2025. A more recent docket listing may be available from PACER.
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| Filing 52 MOTION to Dismiss with Prejudice Third Amended Complaint by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. Responses due by 11/7/2025. (Attachments: #1 Exhibit Transcript on Motion to Dismiss)(Siegelaub, Jonathan) |
| Filing 51 NOTICE of Attorney Appearance by Jonathan Eric Siegelaub on behalf of Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. Attorney Jonathan Eric Siegelaub added to party Jon Robert Brown, D.O.(pty:dft), Attorney Jonathan Eric Siegelaub added to party HCA Health Services of Florida, Inc.(pty:dft). (Siegelaub, Jonathan) |
Filing 50
PAPERLESS ORDER granting #49 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Jon Robert Brown, D.O.. Response/Answer due 10/24/2025; HCA Health Services of Florida, Inc.. Response/Answer due 10/24/2025. Signed by Judge Ed Artau (twh)
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| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #48 Amended Complaint/Amended Notice of Removal, by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Goldberg, Martin) |
| Filing 48 Third AMENDED COMPLAINT against Jon Robert Brown, D.O., HCA Health Services of Florida, Inc. filed in response to Order Granting Motion for Leave, filed by Khiem Nguyen, M.D.. (Attachments: #1 Exhibit Exh A - Code of Conduct, #2 Supplement Notice of Conventional Filing of Sealed Exhibits, #3 Certification Certification of Service of Sealed Exhibits, #4 Supplement Filed Sealed Document Tracking Form)(Kesselman, Aaron) |
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Filing 47
ORDER OF REASSIGNMENT to Judge Ed Artau for all further proceedings, Judge Aileen M. Cannon no longer assigned to case. Signed by Judge Aileen M. Cannon on 10/1/2025. See attached document for full details. (yar)
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| Filing 46 TRANSCRIPT of Motion to Dismiss held on 8/7/2025 before Judge Aileen M. Cannon, 1-56 pages, Court Reporter: Laura Melton, 772-467-2327 / [email protected]. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/21/2025. Redacted Transcript Deadline set for 10/31/2025. Release of Transcript Restriction set for 12/29/2025. (Melton, Laura) |
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Filing 45
PAPERLESS ORDER denying as moot #43 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's forthcoming Third Amended Complaint. Plaintiff's Third Amended Complaint is due on or before October 1, 2025. Defendants' answer or responsive motion to the Third Amended Complaint is therefore due on or before October 15, 2025, in accordance with Local Rule 7.1(c)(1), not October 6 as Defendants assert in the Motion #43 . Signed by Judge Aileen M. Cannon on 9/30/2025. (bbk)
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Filing 44
PAPERLESS ORDER granting #42 Plaintiff's Unopposed Motion to Correct Order #41 . The word "Plaintiff" on page 3, paragraph 2, line 3 of the Court's Order #41 , is hereby amended to "Patient." The Court's Order otherwise remains unchanged #41 . Signed by Judge Aileen M. Cannon on 9/29/2025. (bbk)
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| Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #32 Order on Motion to Dismiss for Failure to State a Claim by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Goldberg, Martin) |
| Filing 42 Unopposed EXPEDITED MOTION to Correct The Court's Order Granting Leave to File Exhibits Under Seal [ECF No. #41 ] Based on Typographical Error in Plaintiff's Reply In Support of Motion for Leave to File Exhibits Under Seal [ECF No. #35 ] by Khiem Nguyen, M.D.. (Attachments: #1 Text of Proposed Order Proposed Order)(Kesselman, Aaron) Modified text on 9/29/2025 (kpe). |
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Filing 41
ORDER granting #33 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Third Amended Complaint due by 10/1/2025. Signed by Judge Aileen M. Cannon on 9/25/2025. See attached document for full details. (amb)
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Filing 40
PAPERLESS ORDER granting #39 Plaintiff's Unopposed Motion for Extension of Time to file Third Amended Complaint and temporarily staying Plaintiff's deadline to file Third Amended Complaint. The deadline for Plaintiff to file a Third Amended Complaint is temporarily stayed pending resolution of #33 Plaintiff's Motion for Leave to File Exhibits under Seal. Signed by Judge Aileen M. Cannon on 9/24/2025. (bbk)
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| Filing 39 Unopposed MOTION for Extension of Time to file Third Amended Complaint re #31 Order, 38 Order on Motion for Extension of Time, Set/Reset Deadlines/Hearings by Khiem Nguyen, M.D.. Responses due by 10/7/2025. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Kesselman, Aaron) |
| Set/Reset Deadlines/Hearings per DE 38 Order. Third Amended Complaint due by 9/26/2025. (amb) |
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Filing 38
PAPERLESS ORDER striking Third Amended Complaint without prejudice #37 and granting #36 Plaintiff's Unopposed Motion for Extension of Time to File a Third Amended Complaint. On or before September 26, 2025, Plaintiff shall file a Third Amended Complaint in accordance with the Court's prior Order #32 . Order addressing Plaintiff's Motion for Leave to File Exhibits Under Seal to follow #33 . Signed by Judge Aileen M. Cannon on 9/16/2025. (bbk)
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| Filing 37 (STRICKEN) Third AMENDED COMPLAINT against Jon Robert Brown, D.O., HCA Health Services of Florida, Inc. filed in response to Order Granting Motion for Leave, filed by Khiem Nguyen, M.D..(Kesselman, Aaron) Modified per DE 38 on 9/17/2025 (amb). |
| Filing 36 Unopposed MOTION for Extension of Time to file Third Amended Complaint re #32 Order on Motion to Dismiss for Failure to State a Claim, Set/Reset Deadlines/Hearings by Khiem Nguyen, M.D.. Responses due by 9/25/2025. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Kesselman, Aaron) |
| Filing 35 Plaintiff's REPLY in Support of Motion re #33 Plaintiff's MOTION for Leave to File Exhibits Under Seal. filed by Khiem Nguyen, M.D.. (Kesselman, Aaron) |
| Filing 34 RESPONSE to Motion re #33 Plaintiff's MOTION for Leave to File Exhibits Under Seal filed by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. Replies due by 9/15/2025. (Goldberg, Martin) |
| Filing 33 Plaintiff's MOTION for Leave to File Exhibits Under Seal by Khiem Nguyen, M.D.. (Kesselman, Aaron) |
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Filing 32
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE AND PERMITTING FINAL REPLEADING. Signed by Judge Aileen M. Cannon on 8/29/2025. See attached document for full details. (bbk)
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| Filing 31 Defendants' Demonstrative Exhibit for Motion Hearing. (bbk) |
| Set/Reset Deadlines/Hearings Jon Robert Brown, D.O. response/answer due 10/6/2025; HCA Health Services of Florida, Inc. response/answer due 10/6/2025. Per DE #32 Order. Amended Complaint due by 9/15/2025. (ebz) |
| Filing 30 Notice of Pending, Refiled, Related or Similar Actions by Khiem Nguyen, M.D. (Kesselman, Aaron) |
| Filing 29 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon on 8/7/2025: Hearing on Defendants' Motion to Dismiss #18 Plaintiff's Second Amended Complaint #16 . The Court heard argument on the Motion and indicated intent to grant Motion without prejudice and permit Plaintiff one final opportunity to replead claims. Written order to follow. Attorney appearances: Aaron Kesselman, Martin Goldberg. Total time in court: 1 hour. Court Reporter: Laura Melton, 772-467-2327 / [email protected]. (bbk) |
| Filing 28 PAPERLESS NOTICE of Hearing on #18 Defendants' MOTION TO DISMISS #16 Plaintiff's Second Amended Complaint. Motion Hearing set for 8/7/2025 at 2:00 PM in the Fort Pierce Division before Judge Aileen M. Cannon. (sm1) |
| Filing 27 REPLY in Support of Motion re #18 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . filed by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. (Goldberg, Martin) |
| Set/Reset Deadlines/Hearings per DE 26 Order re #18 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . Replies due by 7/10/2025. (amb) |
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Filing 26
PAPERLESS ORDER granting #25 Defendants' Unopposed Expedited Motion for Extension of Time to File a Reply to #18 Defendants' Motion to Dismiss #16 Plaintiff's Second Amended Complaint. On or before July 10, 2025, Defendants shall file a Reply in support of their Motion #18 . Signed by Judge Aileen M. Cannon on 7/2/2025. (bbk)
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| Filing 25 Unopposed EXPEDITED MOTION for Extension of Time by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Mhatre, Lynnette) |
| Filing 24 RESPONSE in Opposition re #18 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM with Exhibit A filed by Khiem Nguyen, M.D.. Replies due by 7/7/2025. (Attachments: #1 Exhibit Exhibit A HCA Code of Conduct)(Kesselman, Aaron) |
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Filing 23
PAPERLESS ORDER granting #22 Plaintiff's Unopposed Motion to Extend Time to Respond to #18 Defendants' Motion to Dismiss. On or before June 27, 2025, Plaintiff shall file a response to Defendants' Motion #18 . Moving forward, any requests for extension must be filed sufficiently in advance of the deadline at issue or risk summary denial. Signed by Judge Aileen M. Cannon on 6/25/2025. (bbk)
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| Set/Reset Deadlines/Hearings per DE 23 Order re #18 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . Responses due by 6/27/2025. (amb) |
| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #18 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Khiem Nguyen, M.D.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Kesselman, Aaron) |
| Filing 21 CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Matthew Jason Pelcowitz re #19 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 20 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Matthew Jason Pelcowitz re #19 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 19 NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Matthew Jason Pelcowitz (Pelcowitz, Matthew) |
| Filing 18 MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. Responses due by 6/24/2025. (Attachments: #1 Exhibit)(Goldberg, Martin) |
| Filing 17 NOTICE of Attorney Appearance by Matthew Jason Pelcowitz on behalf of Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. Attorney Matthew Jason Pelcowitz added to party Jon Robert Brown, D.O.(pty:dft), Attorney Matthew Jason Pelcowitz added to party HCA Health Services of Florida, Inc.(pty:dft). (Pelcowitz, Matthew) |
| Filing 16 Second AMENDED COMPLAINT with Jury Demand against Jon Robert Brown, D.O., HCA Health Services of Florida, Inc. filed in response to Order Granting Motion for Leave, filed by Khiem Nguyen, M.D..(Kesselman, Aaron) |
| Filing 15 AMENDED NOTICE OF REMOVAL against Khiem Nguyen, M.D., filed by Jon Robert Brown, D.O.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Goldberg, Martin) |
| Filing 14 STATUS REPORT by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc. (Attachments: #1 Exhibit 1)(Mhatre, Lynnette) |
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Filing 13
ORDER TO CLARIFY CITIZENSHIP AND/OR BASIS OF JURISDICTION, ( Amended Complaint due by 5/27/2025.) Signed by Judge Aileen M. Cannon on 5/16/2025. See attached document for full details. (ebz)
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| Filing 12 First AMENDED COMPLAINT against Jon Robert Brown, D.O., HCA Health Services of Florida, Inc. filed in response to Order Granting Motion for Leave, filed by Khiem Nguyen, M.D..(Kesselman, Aaron) |
| Filing 11 CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorneys PACER account for attorney Jennifer Christianson re #9 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 10 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jennifer Christianson re #9 Notice of Change of Address, Email or Law Firm Name. Attorney Jennifer Christianson has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 9 NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Jennifer Christianson (Christianson, Jennifer) |
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Filing 8
ORDER DISMISSING COMPLAINT - Case remains open. ( Amended Complaint due by 5/14/2025.), Unopposed Expedited Motion for Extension of Time DE #5 is DENIED AS MOOT. The Complaint DE #1 is DISMISSED WITHOUT PREJUDICE. Signed by Judge Aileen M. Cannon on 5/6/2025. See attached document for full details. (ebz)
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| Filing 7 NOTICE OF COURT PRACTICES IN REMOVAL CASES., ( Status Report due by 5/19/2025.) Signed by Judge Aileen M. Cannon on 5/6/2025. See attached document for full details. (ebz) |
| Filing 6 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by HCA Health Services of Florida, Inc. identifying Corporate Parent HCA Health Services of Florida, Inc., Other Affiliate HCA Healthcare, Inc., Other Affiliate Healthtrust Inc. - The Hospital Company, Other Affiliate HCA, Inc., Other Affiliate Tampa Bay Health System, Inc., Other Affiliate HCA Florida St. Lucie Hospital for HCA Health Services of Florida, Inc. (Goldberg, Martin) |
| Filing 5 EXPEDITED MOTION Partially Unopposed for Extension of Time re #1 Notice of Removal (State Court Complaint), by Jon Robert Brown, D.O., HCA Health Services of Florida, Inc.. (Attachments: #1 Text of Proposed Order)(Goldberg, Martin) |
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Filing 4
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 5/5/2025. See attached document for full details. (amb)
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Filing 3
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 5/2/2025. (bbk)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (blc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-18418798, filed by HCA Health Services of Florida, Inc. d/b/a HCA Florida St. Lucie Hospital, Jon Robert Brown. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - State Court Complaint & Other State Court Documents, #3 Exhibit - State Court Documents)(Goldberg, Martin). No Answer/Motion to Dismiss filed. Modified on 5/2/2025 (blc). |
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