Comack v. Northwell Health, Inc. et al
| Patrick Comack |
| Northwell Health, Inc. and Martin H. Niethammer, MD |
| 4:2025cv10049 |
| June 6, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| Darrin P Gayles |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 1, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 32 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 10/1/2025. Court Reporter: Patricia Diaz, 305-523-5178 / [email protected]. (skz) |
| Filing 31 First REPLY in Support of Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . in Further Support of their Motion to Dismiss filed by Martin H. Niethammer, MD, Northwell Health, Inc.. (Attachments: #1 Affidavit, #2 Affidavit)(Barfield, Danielle) |
| Reset Deadline per DE#29 as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Replies due by 9/30/2025. (scn) |
Filing 30
PAPERLESS ORDER Rescheduling Telephonic Status Conference. The Status Conference shall take place on October 1, 2025, at 10:00 am. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271#. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 9/16/2025. (skz)
|
|
Filing 29
PAPERLESS ORDER granting #28 Motion for Extension of Time. On or before September 30, 2025, Defendants shall file a reply in support of their Motion to Dismiss. Signed by Judge Darrin P. Gayles on 9/16/2025. (skz)
|
| Filing 28 First MOTION for Extension of Time to File Response/Reply/Answer in Further Support of their Motion to Dismiss by Martin H. Niethammer, MD, Northwell Health, Inc.. (Barfield, Danielle) |
| Filing 27 NOTICE of Attorney Appearance by Danielle M. Barfield on behalf of Martin H. Niethammer, MD, Northwell Health, Inc.. Attorney Danielle M. Barfield added to party Martin H. Niethammer, MD(pty:dft), Attorney Danielle M. Barfield added to party Northwell Health, Inc.(pty:dft). (Barfield, Danielle) |
| Filing 26 PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patrick Comack. Replies due by 9/16/2025. (Attachments: #1 Exhibit A, #2 Exhibit A cont'd, #3 Exhibit B)(ksr) |
| Filing 25 AFFIDAVIT signed by: Patrick Comack by Patrick Comack (ksr) |
| Filing 24 Clerk's Notice to Filer re #23 Notice of Attorney Appearance. 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. (cqs) |
| Filing 23 NOTICE of Attorney Appearance by Timothy Philip Lewis on behalf of Martin H. Niethammer, MD, Northwell Health, Inc. (Lewis, Timothy) |
| Reset Deadlines as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 9/15/2025. (cqs) |
|
Filing 22
PAPERLESS ORDER granting #20 Unopposed Motion to Stay Discovery and Pretrial requirements. This matter shall be stayed and administratively closed until the Court rules on the #12 Motion to Dismiss. This matter shall be set for a telephonic status conference on September 17, 2025, at 10:00 a.m. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271#. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 7/15/2025. (skz)
|
|
Filing 21
PAPERLESS ORDER granting #19 Unopposed Motion for Extension of Time. On or before September 15, 2020, Plaintiff shall file a response to Defendants' Motion to Dismiss. Signed by Judge Darrin P. Gayles on 7/15/2025. (skz)
|
| Filing 20 Unopposed EMERGENCY MOTION to Stay Discovery and For Relief From Pretrial Procedure Requirements Pending Ruling on Defendant's Motion to Dismiss re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Patrick Comack. Responses due by 7/29/2025. (ksr) |
| Filing 19 Unopposed EMERGENCY MOTION for Extension of Time to File His Memorandum of Law in Opposition to Defendants' Motion to Dismiss re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Patrick Comack. Responses due by 7/29/2025. (ksr) |
|
Filing 18
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/7/2025. See attached document for full details. (ksr)
|
|
Filing 17
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/7/2025. See attached document for full details. (ksr)
|
|
Filing 16
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff's Motion for Extension of Time to File Memorandum in Opposition to Motion to Dismiss and to File Joint Scheduling Report (the "Motion"), ECF No. #14 . Plaintiff's Motion does not indicate whether Plaintiff has conferred with counsel for Defendants as required by Local Rule 7.1(a)(3). Accordingly, Plaintiff's Motion, ECF No. #14 , is DENIED without prejudice for failure to confer. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/8/2025. (MFE)
|
|
Filing 15
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Marty Fulgueira Elfenbein for a ruling on all pretrial non-dispositive matters and a report and recommendation on all dispositive matters. Signed by Judge Darrin P. Gayles on 7/7/2025. (skz)
|
| Filing 14 PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS AND TO FILE JOINT PROPOSED SCHEDULING ORDER as to #13 Order Requiring Joint Scheduling Report, #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Patrick Comack. (ksr) |
|
Filing 13
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before July 18, 2025, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 7/3/2025. (skz)
|
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Martin H. Niethammer, MD, Northwell Health, Inc.. Responses due by 7/17/2025. (Attachments: #1 Affidavit Declaration, #2 Memorandum Memo of Law, #3 Exhibit Summons and Complaint)(Lewis, Timothy) |
| 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 Patrick Comack. Martin H. Niethammer, MD served on 6/13/2025, response/answer due 7/7/2025; Northwell Health, Inc. served on 6/13/2025, response/answer due 7/7/2025. (ksr) |
| Filing 10 NOTICE of Attorney Appearance by Timothy Philip Lewis on behalf of Martin H. Niethammer, MD, Northwell Health, Inc.. Attorney Timothy Philip Lewis added to party Martin H. Niethammer, MD(pty:dft), Attorney Timothy Philip Lewis added to party Northwell Health, Inc.(pty:dft). (Lewis, Timothy) |
| Filing 9 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles on 6/17/2025. (skz) |
| Filing 8 Judge Assignment to Judge Darrin P. Gayles and Magistrate Judge Marty Fulgueira Elfenbein Per DE 7 . (cqs) |
|
Filing 7
PAPERLESS ORDER granting Plaintiff's Motion for Case Reassignment to District Court Judge, ECF No. #6 . Pursuant to Administrative Order 2025-11, the Clerk will randomly reassign the case to a District Judge following the Court's standard civil case assignment procedures, keeping the original Magistrate Judge assigned to the case. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/16/2025. (MFE)
|
| Filing 6 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by Patrick Comack (cqs) |
|
Filing 5
ORDER EXPLAINING MAGISTRATE JUDGE JURISDICTION AND PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/10/2025. See attached document for full details. (ksr)
|
| Filing 4 Clerks Notice of Receipt of Filing Fee received on 6/6/2025 in the amount of $ 405.00, receipt number 662 (amb) |
| Filing 3 Summons Issued as to Martin H. Niethammer, MD, Northwell Health, Inc.. (amb) |
| Filing 2 Judge Assignment to Magistrate Judge Marty Fulgueira Elfenbein (amb) |
| Filing 1 COMPLAINT against Martin H. Niethammer, MD, Northwell Health, Inc.. Filing fees $ 405.00, filed by Patrick Comack. (Attachments: #1 Civil Cover Sheet)(amb) |
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.
