Spilker v. Indian River Memorial Hospital Inc.
| Stephen Spilker |
| INDIAN RIVER MEMORIAL HOSPITAL INC. doing business as Cleveland Clinic Indian River Hospital |
| 2:2025cv14356 |
| September 29, 2025 |
| U.S. District Court for the Southern District of Florida |
| Shaniek Mills Maynard |
| Donald M Middlebrooks |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 51 Defendant's MOTION for Leave to File Unilateral Discovery Plan by Indian River Memorial Hospital Inc.. Responses due by 4/1/2026. (Attachments: #1 Exhibit Plaintiff's Initial Rule 26 Disclosure, #2 Exhibit Plaintiff's Responses to First Interrogatories, #3 Exhibit Draft - Joint Discovery Plan)(Gabrielle, Eric) |
Filing 50
PAPERLESS ORDER granting #40 Motion for Extension. Defendant Indian River Memorial Hospital, Inc., seeks an extension of time to file the Parties' Joint Discovery Plan. In support, Defendant represents that the unique issue arising in this case between Plaintiff and his counsel have made it impractical to address the matters necessary for completion of the Joint Discovery Plan. Plaintiff did not file a Response to the Motion and refused to confer. However, I caution the Plaintiff that conferral is mandatory, and a refusal to do so is grounds for sanctions. Motions for extension of time must set forth good cause supported by specific facts. I find that standard to be adequately met here. Accordingly, the Parties' Joint Discovery Plan shall be submitted no later than March 20, 2026. Signed by Judge Donald M. Middlebrooks on 3/13/2026. (kid)
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Filing 49
ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 6/11/2026 10:00 AM before Magistrate Judge Shaniek Mills Maynard via Zoom. Signed by Magistrate Judge Shaniek Mills Maynard on 3/10/2026. See attached document for full details. (wce)
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| Filing 48 Plaintiff's Amended Notice of Address Change by Stephen Spilker. Address Updated. (wce) |
| Filing 47 RESPONSE to #46 Notice of Attorney Charging Lien by Stephen Spilker. (Attachments: #1 Exhibit)(drz) |
| Filing 46 NOTICE of Attorney Charging Lien by The Miami Shark P.A.. Attorney Jewell Mary Gentry-Mickelson added to party The Miami Shark P.A.(pty:cr). (Gentry-Mickelson, Jewell) |
| Filing 45 NOTICE of Change of Address/Contact Information; by Stephen Spilker. Address Updated. (wce) |
| Filing 44 CERTIFICATE of Counsel re 42 Order, #40 Defendant's MOTION for Extension of Time to file Joint Discovery Plan due February 19 2026 by Eric Keith Gabrielle on behalf of Indian River Memorial Hospital Inc. (Gabrielle, Eric) |
| Filing 43 NOTICE OF WITHDRAWAL OF MOTION by Indian River Memorial Hospital Inc. re #33 Defendant's MOTION for Status Conference and Protective Order MOTION for Hearing filed by Indian River Memorial Hospital Inc. (Gabrielle, Eric) |
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Filing 42
PAPERLESS ORDER REQUIRING CONFERRAL CERTIFICATE. Defendant's Motion for Extension of Time to file Joint Discovery Plan (DE #40 ) contains no certificate of conferral. Conferral is required by this Court's Local Rules. Defendant shall confer with Plaintiff and supplement the record with a conferral certificate for its motion by February 23, 2026. Signed by Judge Donald M. Middlebrooks on 2/19/2026. (kid)
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Filing 41
ORDER GRANTING #38 MOTION TO WITHDRAW: Attorney Daniel H. Hunt, Esq. shall be terminated as counsel of record and shall no longer have any responsibility for this matter. Attorney Jewell Gentry-Mickelson, Esq., shall be terminated as counsel of record and shall no longer have any responsibility for this matter. Jewell Mary Gentry-Mickelson representing Spilker, Stephen (Plaintiff); Attorney Daniel H. Hunt representing Spilker, Stephen (Plaintiff) withdrawn from case. The Plaintiff's request to stay this action is DENIED. Signed by Judge Donald M. Middlebrooks on 2/18/2026. See attached document for full details. (wce)
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| Filing 40 Defendant's MOTION for Extension of Time to file Joint Discovery Plan due February 19 2026 by Indian River Memorial Hospital Inc.. Responses due by 3/3/2026. (Gabrielle, Eric) |
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Filing 39
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Donald M. Middlebrooks on 2/13/2026. See attached document for full details. (wce)
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| Filing 38 STATUS REPORT and Motion to Withdraw as Counsel by Stephen Spilker (Gentry-Mickelson, Jewell) Modified Event Type on 2/19/2026 (wce). |
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Filing 37
ORDER STRIKING PLAINTIFF'S UNAUTHORIZED PRO SE MOTIONS AND REQUIRING STATUS REPORT FROM PLAINTIFF'S COUNSEL: The Clerk of Court shall STRIKE Plaintiff's Motion for Leave to Proceed in forma pauperis (DE #24 ), and Motion for an Emergency Order to Remove Plaintiff's Attorneys of Record (DE #29 ) is DENIED. Plaintiff's counsel SHALL FILE a Status Report Regarding Counsel no later than February 11, 2026. Signed by Judge Donald M. Middlebrooks on 2/10/2026. See attached document for full details. (wce)
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Filing 36
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 3/9/2026. Discovery due by 6/8/2026. Fact Discovery due by 6/8/2026. Expert Discovery due by 6/8/2026. Joinder of Parties due by 3/9/2026. In Limine Motions due by 7/20/2026. Dispositive Motions due by 7/6/2026. Motions due by 7/20/2026. Pretrial Stipulation due by 8/10/2026. Jury Trial set for 9/8/2026 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks. Calendar Call set for 9/2/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. All parties must complete mediation or a settlement conference at least 60 days before the scheduled trial date. Signed by Magistrate Judge Shaniek Mills Maynard on 2/5/2026. See attached document for full details. (wce) #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 35 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek Mills Maynard: Telephonic Scheduling Conference held on 2/5/2026. Appearances: Plaintiff present with current counsel of record, Daniel Hunt, Esq. and Jewell Gentry-Mickelson, Esq. || Eric Gabrielle, Esq. present for Defendant. Pretrial scheduling matters discussed. Scheduling Order to follow. (Telephonic Recording Start Time: 3:30 P.M. || Total Time in Court: 24 mins.) (jrz) |
| Filing 34 Clerk's Notice to Filer re #33 Defendant's MOTION for Status Conference and Protective Order . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (wce) |
| Filing 33 WITHDRAWN Defendant's MOTION for Status Conference and Protective Order by Indian River Memorial Hospital Inc.. Responses due by 2/18/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Gabrielle, Eric). Added MOTION for Hearing, MOTION for Protective Order on 2/4/2026 (wce). Modified Text per DE #43 on 2/19/2026 (wce). |
| Filing 32 Correspondence received from Stephen Spilker via email on January 30, 2026 (gm1) |
| Filing 31 Correspondence received from Stephen Spilker via email on January 29, 2026 (gm1) |
| Filing 30 NOTICE OF SERVICE TO DEFENDANT by Stephen Spilker. (scn) |
| Filing 29 MOTION for an Emergency Order to Remove Plaintiff's Attorneys of Record by Stephen Spilker. Responses due by 2/17/2026. (scn) |
| Filing 28 Amended SCHEDULING REPORT - Rule 26(f) by Indian River Memorial Hospital Inc. (Gabrielle, Eric) |
| Filing 27 PAPERLESS ORDER denying as moot Defendant's Motion for Enlargement of Time ("Motion") #22 in light of Defendant's subsequent notice withdrawing this Motion #23 . Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 1/27/2026. (jrz) |
| Filing 26 Consent by Pro Se Litigant (Non-Prisoner) Stephen Spilker to receive Notices of Electronic Filing at email address: [email protected] (wce) |
| Filing 25 Clerk's Notice of Filing Deficiency Re: #24 MOTION for Leave to Proceed in forma pauperis filed by Stephen Spilker. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (wce) |
| Filing 24 STRICKEN MOTION for Leave to Proceed in forma pauperis by Stephen Spilker. (Attachments: #1 Exhibit)(wce) (Main Document 24 replaced on 2/2/2026 with Original Signature) (scn). Modified Text per DE #37 on 2/10/2026 (wce). |
| Filing 23 Defendant's NOTICE of Withdrawal of Motion (ECF No. 22) by Indian River Memorial Hospital Inc. re #22 Motion for Extension of Time (Attachments: #1 Exhibit) (Gabrielle, Eric) |
| Filing 22 WITHDRAWN Defendant's MOTION for Enlargment of Time of January 29 2026 Deadline Pending Resolution of Status of Plaintiff's Representation by Indian River Memorial Hospital Inc.. (Attachments: #1 Exhibit)(Gabrielle, Eric) Modified Event Type on 1/26/2026 (wce). Modified Text per DE #23 on 1/27/2026 (wce). |
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Filing 21
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for THURSDAY, FEBRUARY 5, 2026, at 3:30 P.M. in Fort Pierce Division before U.S. Magistrate Judge Shaniek Mills Maynard. Counsel for the parties shall confer and file, by THURSDAY, JANUARY 29, 2026, a Joint Scheduling Report pursuant to Local Rule 16.1.B. To the extent a Joint Scheduling Report has previously been filed, the parties shall file an amended version based on the existing trial date set by Judge Middlebrooks. The parties shall also begin pre-trial tasks now, in advance of the conference. This includes the exchange of initial disclosures and the start of discovery coordination. This is necessary so that the parties can complete all pre-trial tasks within the time allotted and have the case ready for trial by the trial date. To call in for the conference, counsel shall call the audio conference toll-free number 833-435-1820 five (5) minutes prior to the start of the hearing. The Meeting ID number is 160 352 4112. The system will request a Participant ID; please bypass by pressing #. When prompted, enter the Passcode 185708 to join the meeting. Once joined, counsel shall enter *6 to unmute and be prepared for the conference to begin. The parties must be prepared for the conference at their assigned time but may have to wait 10-15 minutes before their conference begins, as the Court sets multiple cases for the same time slot. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 1/21/2026. (jrz)
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Filing 20
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 9/8/2026 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks. Calendar Call set for 9/2/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Pursuant to 28 U.S.C. ' 636 (b)(1)(A) and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Shaniek Mills Maynard to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. Signed by Judge Donald M. Middlebrooks on 1/16/2026. See attached document for full details. (wce) #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 19 NOTICE of Mediation Hearing. Mediation Hearing set for 2/10/2026 at 10 am. (Gallup, Dana) |
| Filing 18 Clerk's Notice to Filer re #17 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (wce) |
| Filing 17 Amended NOTICE of Mediator Selection and Scheduling of Mediation by Indian River Memorial Hospital Inc. (Gabrielle, Eric) |
| Filing 16 Defendant's NOTICE of Mediator Selection and Hearing. Selected/Added Robyn S. Hankins as Mediator. Mediation Hearing set for 2/10/2026 at 10:00am. (Gabrielle, Eric) |
| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by Stephen Spilker (Gentry-Mickelson, Jewell) |
| Filing 14 NOTICE of Attorney Appearance by Jewell Mary Gentry-Mickelson on behalf of Stephen Spilker. Attorney Jewell Mary Gentry-Mickelson added to party Stephen Spilker(pty:pla). (Gentry-Mickelson, Jewell) |
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Filing 13
ORDER APPROVING #10 JOINT STIPULATION REGARDING REVISIONS TO FIRST AMENDED COMPLAINT: The following paragraphs of the First Amended Complaint (DE. #8 ) are STRICKEN: paragraph 28, paragraph 29, and paragraph 48. The references in paragraph 40 of the First Amended Complaint (DE #8 ) to "adverse write-ups" and "denial of overtime" are STRICKEN. Signed by Judge Donald M. Middlebrooks on 10/31/2025. See attached document for full details. (wce)
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| Filing 12 Clerk's Notice to Filer re #10 Stipulation,. 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. (wce) |
| Filing 11 Defendant's ANSWER and Affirmative Defenses to Amended Complaint by INDIAN RIVER MEMORIAL HOSPITAL INC.. (Gabrielle, Eric) |
| Filing 10 STIPULATION re #8 Amended Complaint/Amended Notice of Removal (JOINT) by Plaintiff Stephen Spilker and by INDIAN RIVER MEMORIAL HOSPITAL INC. (Attachments: #1 Exhibit Exhibit B to First Amended Complaint, #2 Text of Proposed Order Text of Proposed Order on Joint Stipulation)(Gabrielle, Eric) Modified Event Type on 10/30/2025 (wce). |
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Filing 9
PAPERLESS ORDER denying as moot #5 Motion to Dismiss for Failure to State a Claim, in light of the filing of an Amended Complaint (DE #8 ). Signed by Judge Donald M. Middlebrooks on 10/20/2025. (kid)
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| Filing 8 (STRICKEN IN PARTS)(First AMENDED COMPLAINT by Stephen Spilker against INDIAN RIVER MEMORIAL HOSPITAL INC., filed by Stephen Spilker.(Hunt, Daniel) Modified Text per DE #13 on 11/3/2025 (wce). |
| Filing 7 Corporate Disclosure Statement by Stephen Spilker (Hunt, Daniel) |
| Filing 6 NOTICE of Attorney Appearance by Daniel H. Hunt on behalf of Stephen Spilker (Hunt, Daniel) |
| Filing 5 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Strike paragraphs 12, 16, 18 and 28-35 ( Responses due by 10/20/2025.) by INDIAN RIVER MEMORIAL HOSPITAL INC.. (Attachments: #1 Exhibit Spilker - selected litigation history)(Gabrielle, Eric) |
| Filing 4 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by INDIAN RIVER MEMORIAL HOSPITAL INC. identifying Other Affiliate Cleveland Clinic Florida Regional Health System Nonprofit Corporation, Other Affiliate The Cleveland Clinic Foundation for INDIAN RIVER MEMORIAL HOSPITAL INC. (Gabrielle, Eric) |
| Filing 3 NOTICE of Attorney Appearance by Daniel H. Hunt on behalf of Stephen Spilker (Hunt, Daniel) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-18825630, filed by INDIAN RIVER MEMORIAL HOSPITAL INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit- State Court Complaint, #3 Exhibit State Court - Complete Record. No Answer/Motion to Dismiss filed.)(Gabrielle, Eric) |
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| Plaintiff: Stephen Spilker | |
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| Defendant: INDIAN RIVER MEMORIAL HOSPITAL INC. doing business as Cleveland Clinic Indian River Hospital | |
| Represented By: | Eric Keith Gabrielle |
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