Edward Lewis Tobinick, MD et al v. Novella et al
Plaintiff: Edward Lewis Tobinick, MD a medical corporation doing business as The Institute of Neurological Recovery, The Institute of Neurological Recovery, INR PLLC a Florida professional limited liability company doing business as Institute of Neurological Recovery and M.D. Edward Tobinick
Defendant: M.D. Steven Novella, Yale University, Society for Science-Based Medicine, Inc. and SGU Productions, LLC
Respondent: Geoffrey Michael Cahen and Cullin O'Brien
Case Number: 9:2014cv80781
Filed: June 9, 2014
Court: US District Court for the Southern District of Florida
Office: West Palm Beach Office
County: Broward
Presiding Judge: Bruce E Reinhart
Referring Judge: Robin L Rosenberg
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2018 Opinion or Order Filing 403 ORDER granting in part and denying in part 392 Motion for Attorney Fees, granting in part and denying in part #396 Motion for Attorney Fees, and adopting #401 Report and Recommendations. Signed by Judge Robin L. Rosenberg on 12/6/2018. See attached document for full details. (bkd)
December 3, 2018 Opinion or Order Filing 402 OBJECTIONS to #401 Report and Recommendations by Edward Tobinick. (Attachments: #1 Exhibit Exhibit 1 - The Eleventh Circuit May 7, 2018 Denial of Plaintiffs Petition for Rehearing, #2 Exhibit Exhibit 2 - In re: Marc J. Randazza, No. 18-mc-91490, [Dkt. No. 1] (D. Mass. Oct. 29, 2018), #3 Exhibit Exhibit 3 - In re: Marc J. Randazza, No. 18-mc-91490, [Dkt. No. 5] (D. Mass. Nov. 19, 2018), #4 Exhibit Exhibit 4 - Gersh v. Anglin, No. 17-cv-50, [Dkt. No. 118] (D. Montana Nov. 19, 2018), #5 Exhibit Exhibit 5 - In re Marc John Randazza, No. 15-14956-abl, 295 (D. Nev. Bkr. Oct. 30, 2018), #6 Exhibit Exhibit 6 - Gersh v. Anglin, No. 17-cv-50, [Dkt. No. 119-1] (D. Montana Nov. 20, 2018), #7 Exhibit Exhibit 7 - Novellas January 30, 2017 Filing in the 11th Circuit, #8 Exhibit Exhibit 8 - Novellas August 29, 2017 Motion in the 11th Circuit, #9 Exhibit Exhibit 9 - 11th Circuits Order Staying Briefing in Appeal Number 18-10175)(O'Brien, Cullin)
November 20, 2018 Opinion or Order Filing 401 REPORT AND RECOMMENDATION ON DEFENDANT DR. NOVELLAS APPLICATIONS FOR APPELLATE ATTORNEYS FEES (DE 392, 396). Objections to R&R due by 12/4/2018. Signed by Magistrate Judge Bruce E. Reinhart on 11/19/2018. See attached document for full details. (lbc)
October 23, 2018 Opinion or Order Filing 400 RESPONSE to #399 Notice of Supplemental Authority, by Steven Novella. (Randazza, Marc)
October 11, 2018 Opinion or Order Filing 399 Notice of Supplemental Authority re #391 USCA Order, 393 Order Referring Motion, #398 Notice of Supplemental Authority, #395 USCA Order, 397 Order Referring Motion, #396 MOTION for Attorney Fees, #394 Notice (Other) by Edward Tobinick (Attachments: #1 Exhibit) (O'Brien, Cullin)
July 29, 2018 Opinion or Order Filing 398 Notice of Supplemental Authority re 392 MOTION for Attorney Fees, #391 USCA Order, 393 Order Referring Motion, #395 USCA Order, 397 Order Referring Motion, #396 MOTION for Attorney Fees, #394 Notice (Other) by Edward Lewis Tobinick, MD (Attachments: #1 Exhibit) (O'Brien, Cullin)
July 13, 2018 Opinion or Order Filing 397 PAPERLESS ORDER referring #396 Motion for Attorney Fees to Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 7/13/2018. (ege)
July 12, 2018 Opinion or Order Filing 396 MOTION for Attorney Fees. (SEE DE #395 FOR IMAGE). (Per DE #395 USCA Order transferring Application for Attorney's Fees and Expenses to District Court - Record Received). Motion found at page no. 4. Response/Opposition found at page no. 202. Reply found at page no. 214. Responses due by 7/26/2018 (apz)
July 12, 2018 Opinion or Order Filing 395 ORDER of USCA. On its own motion, this Court TRANSFERS Appellee's "Application for Attorney's Fees and Expenses" to the District Court for its consideration of the issues of both entitlement and the fee amount, if any re #335 Notice of Appeal, filed by Edward Tobinick. USCA #16-16210-AA. (apz)
July 9, 2018 Opinion or Order Filing 394 NOTICE by Steven Novella re 392 MOTION for Attorney Fees, #391 USCA Order, 393 Order Referring Motion / Notice of Completion of Briefing (Randazza, Marc)
June 29, 2018 Opinion or Order Filing 393 PAPERLESS ORDER referring 392 Motion for Attorney Fees to Judge Bruce E. Reinhart for appropriate disposition. Signed by Judge Robin L. Rosenberg on 6/29/2018. (ege)
June 27, 2018 Opinion or Order Filing 392 MOTION for Attorney Fees. (SEE DE #391 FOR IMAGE). (Per DE #391 USCA Order transferring Motion for Attorney's Fees - record received). Motion found at page no. 4. Response/opposition found at page no. 88. Reply found at page no. 101. Responses due by 7/11/2018 (apz)
June 27, 2018 Opinion or Order Filing 391 ORDER of USCA. On its own motion, this Court TRANSFERS Appellee's "Application for Attorney's Fees and Expenses" to the District Court for its consideration of the issues of both entitlement and the fee amount, if any re #375 Notice of Appeal, filed by Edward Tobinick. USCA #18-10175-FF. (apz)
June 27, 2018 Opinion or Order Filing 390 ORDER granting in part and denying in part #381 Motion for Disbursement of Funds ; granting in part and denying in part #382 PLAINTIFFS MOTION REGARDING DISBURSEMENT OF THE $285,763.23 BOND [DKT. NOS. 337-338] POSTED TO SATISFY THE $259,784.75 JUDGMENT [DKT. NO. 334] re 381 MOTION for Disbursement of Funds - Motion to Distribute Supersedeas Bonds, 337 Clerks Receipt, 380 USCA Mandate, 343 Order on Motion for Miscellaneous Relief, 338 Clerks Receipt. Signed by Judge Robin L. Rosenberg on 6/26/2018. (ail)
June 26, 2018 Opinion or Order Filing 389 CLERK'S NOTICE - Attorney Admissions has updated address and/or email information for attorney(s) Jay Marshall Wolman re #388 Notice of Change of Address. (cco)
June 26, 2018 Opinion or Order Filing 388 NOTICE of Change of Address by Marc John Randazza (Randazza, Marc)
June 26, 2018 Opinion or Order Filing 387 PAPERLESS ORDER granting in part and denying in part #381 Defendants' Motion to Distribute Supersedeas Bonds and granting in part and denying in part #382 Plaintiffs' Motion Regarding Disbursement of the $285,763.23 Bond Posted to Satisfy the $259,784.75 Judgment. It is hereby ORDERED AND ADJUDGED THAT $262,557.56 shall be distribute to Defendant Novella and $23,205.67 shall be distributed to Plaintiffs. Signed by Judge Robin L. Rosenberg on 6/26/2018. (ege)
June 20, 2018 Opinion or Order Filing 386 NOTICE by Steven Novella re 384 Order,, Notice Regarding Interest Calculation and Court's Retention of Residual Bond (Randazza, Marc)
June 19, 2018 Opinion or Order Filing 385 NOTICE by Edward Tobinick re 384 Order,, PLAINTIFFS NOTICE EXPLAINING PROPOSED INTEREST CALCULATION (O'Brien, Cullin)
June 19, 2018 Opinion or Order Filing 384 PAPERLESS ORDER regarding #381 Defendants' Motion to Distribute Supersedeas Bonds and [ #382 Plaintiffs' Motion Regarding Disbursement of the $285,763.23 Bond [Dkt. Nos. 337-338] Posted to Satisfy the $259,784.75 Judgment [Dkt. No. 334]. Both parties shall file Notices explaining the amount of interest to which they believe Defendants are entitled and how they calculated the amount of interest. Defendants shall also in the same Notice provide any authority on which they rely for their contention that the Court could retain the residual amount of the bond as security for the award of appellate attorneys' fees. These Notices are due by 6/26/18. Signed by Judge Robin L. Rosenberg on 6/19/2018. (ege)
June 13, 2018 Opinion or Order Filing 383 RESPONSE in Opposition re #381 MOTION for Disbursement of Funds - Motion to Distribute Supersedeas Bonds, #382 MOTION PLAINTIFFS MOTION REGARDING DISBURSEMENT OF THE $285,763.23 BOND [DKT. NOS. 337-338] POSTED TO SATISFY THE $259,784.75 JUDGMENT [DKT. NO. 334] re #381 MOTION for Disbursement of Funds - Motion to Distribute Supersedeas Bonds< filed by Edward Tobinick. Replies due by 6/20/2018. (O'Brien, Cullin)
June 13, 2018 Opinion or Order Filing 382 MOTION PLAINTIFFS MOTION REGARDING DISBURSEMENT OF THE $285,763.23 BOND [DKT. NOS. 337-338] POSTED TO SATISFY THE $259,784.75 JUDGMENT [DKT. NO. 334] re #381 MOTION for Disbursement of Funds - Motion to Distribute Supersedeas Bonds, #337 Clerks Receipt, #380 USCA Mandate, #343 Order on Motion for Miscellaneous Relief, #338 Clerks Receipt by Edward Tobinick. (O'Brien, Cullin)
June 13, 2018 Opinion or Order Filing 381 MOTION for Disbursement of Funds - Motion to Distribute Supersedeas Bonds by Steven Novella. (Randazza, Marc)
June 12, 2018 Opinion or Order Filing 380 MANDATE of USCA (certified copy). AFFIRM Judgment of the district court with court's opinion re #335 Notice of Appeal, filed by Edward Tobinick; Date Issued: 6/12/2018; USCA Case Number: 16-16210-AA. (apz)
March 27, 2018 Opinion or Order Filing 379 ORDER of DISMISSAL from USCA. Pursuant to Appellants INR PLLC, Edward Tobinick and Doctor Edward Lewis Tobinick's motion for voluntary dismissal, FRAP Rule 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed re #375 Notice of Appeal, filed by Edward Tobinick. USCA 18-10175-FF. (apz)
March 21, 2018 Opinion or Order Filing 378 NOTICE OF WITHDRAWAL OF MOTION by Steven Novella (Randazza, Marc)
January 26, 2018 Opinion or Order Filing 377 TRANSCRIPT INFORMATION FORM by Edward Tobinick re #375 Notice of Appeal,,. No Transcript Requested. (O'Brien, Cullin)
January 18, 2018 Opinion or Order Filing 376 Acknowledgment of Receipt of NOA from USCA re #375 Notice of Appeal,, filed by Edward Tobinick. Date received by USCA: 1/16/18. USCA Case Number: 18-10175-F. (hh)
January 16, 2018 Opinion or Order Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re #375 Notice of Appeal, Notice has been electronically mailed. (apz)
January 12, 2018 Opinion or Order Filing 375 Notice of Appeal as to #374 Order on Motion for Attorney Fees, Order on Report and Recommendations, 369 Order Referring Motion,, by Edward Tobinick. Filing fee $ 505.00 receipt number 113C-10326683. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (O'Brien, Cullin)
December 18, 2017 Opinion or Order Filing 374 ORDER Adopting #372 Report and Recommendations;granting in part and denying in part 367 Motion for Attorney Fees. Signed by Judge Robin L. Rosenberg on 12/15/2017. (ail)
December 13, 2017 Opinion or Order Filing 373 OBJECTIONS to #372 Report and Recommendations by Edward Tobinick. (O'Brien, Cullin)
November 29, 2017 Opinion or Order Filing 372 REPORT AND RECOMMENDATIONS re 367 MOTION for Attorney Fees, #368 Notice (Other),, filed by Steven Novella, #366 USCA Order,,, Recommending GRANT IN PART AND DENY IN PART Defendant Dr. Novellas motion for appellate attorneys fees and costs, and GRANT IN FULL the amount of appellate attorneys fees sought by Defendant the Society for Science-Based Medicine, Inc.. Objections to R&R due by 12/13/2017 Signed by Magistrate Judge Lurana S. Snow on 11/29/2017. (vmz)
November 13, 2017 Opinion or Order Filing 371 WRIT OF CERTIORARI DENIED, the motion of Stephen J. Ralph for leave to file a brief as amicus curiae is granted by US Supreme Court re #293 Notice of Appeal, filed by Edward Lewis Tobinick, MD, #296 Notice of Appeal, filed by Edward Lewis Tobinick, MD. USCA #15-14889-AA. (apz)
September 5, 2017 Opinion or Order Filing 370 NOTICE by Edward Tobinick re 367 MOTION for Attorney Fees, #368 Notice (Other),, 369 Order Referring Motion,, Additional Notice in Opposition to Dr. Novella's Motion for Appeal Fees (Attachments: #1 Exhibit Petition for Writ of Certiorari to the United States Supreme Court, #2 Exhibit Petition for Rehearing to the Eleventh Circuit) (O'Brien, Cullin)
September 1, 2017 Opinion or Order Filing 369 PAPERLESS ORDER referring Defendant The Society for Science Based Medicine's Application for Attorneys' Fees 367 for appropriate disposition to Judge James M. Hopkins. Pursuant to the Eleventh Circuit's Order filed on August 22, 2017, this referral is for a consideration of the reasonable amount of attorney's fees and expenses to be awarded. Defendant Novella's Application for Attorneys' Fees and Expenses 367 is referred for appropriate disposition to Judge James M. Hopkins. Pursuant to the Eleventh Circuit's Order filed on August 22, 2017, this referral is for a consideration of entitlement and the fee amounts, if any, to be awarded. Signed by Judge Robin L. Rosenberg on 9/1/2017. (bkd)
August 24, 2017 Opinion or Order Filing 368 NOTICE by Steven Novella re #366 USCA Order,,, (Attachments: #1 Exhibit 1 - Opposition to Novella Fee Motion - Pt 1, #2 Exhibit 1 - Opposition to Novella Fee Motion - Pt 2, #3 Exhibit 1 - Opposition to Novella Fee Motion - Pt 3, #4 Exhibit 2 - Opposition to SfSBM Fee Motion, #5 Exhibit 3 - Novella Reply in Support of Fee Motion, #6 Exhibit 4 - SfSBM Corrected Fee Motion, #7 Exhibit 5 - SfSBM Reply in Support of Fees, #8 Exhibit 6 - Novella Supplemental Authority, #9 Exhibit 7 - Tobinick Response to Supp Auth, #10 Exhibit 8 - Tobinick Supplemental Authority, #11 Exhibit 9 - Novella Response to Supp Auth) (Randazza, Marc)
August 22, 2017 Opinion or Order Filing 367 MOTION for Attorney Fees. (SEE DE #366 FOR IMAGE). Responses due by 9/5/2017 (apz)
August 22, 2017 Opinion or Order Filing 366 ORDER of USCA. Appellee the Society's "Corrected Motion for Appellate Attorney's Fees" is GRANTED AS TO ENTITLEMENT. On its own motion, this Court TRANSFERS Appellee the Society's "Application for Attorney's Fees and Expenses" to the District Court for its consideration of the reasonable amounts of attorney's fees and expenses to be forwarded. On its own motion, this Court TRANSFERS Appellee Novella's "Application for Attorneys' Fees and Expenses" to the District Court for its consideration of the issues of entitlement and the fee amounts, if any, to be forwarded re #293 Notice of Appeal, filed by Edward Lewis Tobinick, MD, #296 Notice of Appeal, filed by Edward Lewis Tobinick, MD. USCA #15-14889-AA. (apz)
April 20, 2017 Opinion or Order Filing 365 MANDATE of USCA (certified copy). AFFIRM Judgment of the district court with court's opinion re #293 Notice of Appeal, filed by Edward Lewis Tobinick, MD, #296 Notice of Appeal, filed by Edward Lewis Tobinick, MD; Date Issued: 4/20/2017; USCA Case Number: 15-14889-A. Bill of Costs are hereby taxed in the amount of $517.35 against Appellants and are payable directly to Appellees. Bill of Costs are hereby taxed in the amount of $2,284.50 against Appellants and are payable directly to Appellee. (apz)Text Modified on 4/20/2017 (apz).
April 5, 2017 Opinion or Order Filing 364 ORDER DENYING DEFENDANT NOVELLAS MOTION FOR AN ORDER REQUIRING PLAINTIFFS TO POST A BOND PURSUANT TO FED. R. APP. P. 7; denying #355 Motion for Bond. Signed by Judge Robin L. Rosenberg on 4/4/2017. (jas)
February 21, 2017 Opinion or Order Set Deadlines. Show Cause Response due by 2/21/2017. PER DE 362 . (lbc)
February 17, 2017 Opinion or Order Filing 363 RESPONSE TO ORDER TO SHOW CAUSE re 362 Order, by Steven Novella. (Randazza, Marc)
February 17, 2017 Opinion or Order Filing 362 AMENDED PAPERLESS ORDER requiring Defendant to show cause on or before February 21, 2017 at 5:00pm why the #355 Motion for an Order Requiring Plaintiffs to Post a Bond Pursuant to Fed. R. App. P. 7 should not be denied as moot in light of the fact that the appeal in this case is no longer pending. The 361 PAPERLESS ORDER setting a later date is hereby stricken. Signed by Judge Robin L. Rosenberg on 2/17/2017. (as00)
February 17, 2017 Opinion or Order Filing 361 PAPERLESS ORDER requiring Defendant to show cause on or before February 24, 2017 why the #355 Motion for an Order Requiring Plaintiffs to Post a Bond Pursuant to Fed. R. App. P. 7 should not be denied as moot in light of the fact that the appeal in this case is no longer pending. Signed by Judge Robin L. Rosenberg on 2/17/2017. (as00)
February 15, 2017 Opinion or Order Filing 360 Notice of Supplemental Authority re #355 MOTION for Bond by Steven Novella (Attachments: #1 Exhibit A - Opinion) (Randazza, Marc)
December 20, 2016 Opinion or Order Filing 359 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #335 Notice of Appeal,, Appeal No. 16-16210-AA. The entire record on appeal is available electronically. (apz)
December 12, 2016 Opinion or Order Filing 358 NOTICE by Edward Tobinick Filing Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (O'Brien, Cullin)
December 8, 2016 Opinion or Order Filing 357 REPLY to Response to Motion re #355 MOTION for Bond filed by Steven Novella. (Randazza, Marc)
December 5, 2016 Opinion or Order Filing 356 RESPONSE in Opposition re #355 MOTION for Bond filed by Edward Tobinick. Replies due by 12/12/2016. (Attachments: #1 Exhibit Order denying motions to dismiss appeal, #2 Exhibit Plaintiffs' reply brief on appeal, #3 Exhibit Plaintiffs' opposition to UCLA amicus brief, #4 Exhibit Plaintiffs' opposition to Prof. Tushnet amicus brief, #5 Exhibit Plaintiffs' opposition to Journalist amicus brief, #6 Exhibit Plaintiffs' opposition to Publisher amicus brief, #7 Exhibit Appeal docket, #8 Exhibit October 28, 2016 Email, #9 Exhibit Langer Declaration)(O'Brien, Cullin)
November 16, 2016 Opinion or Order Filing 355 MOTION for Bond by Steven Novella. Responses due by 12/5/2016 (Attachments: #1 Exhibit 1 - Appellants' Opening Brief, #2 Exhibit 2 - Tobinick Opps to MTD Appeal, #3 Exhibit 3 - Civil Appeal Statement, #4 Exhibit 4 - Order Denying Clark and Graham Motions, #5 Exhibit 5 - Amicus Brief, #6 Exhibit 6 - Amicus Brief, #7 Exhibit 7 - Amicus Brief, #8 Exhibit 8 - Amicus Brief, #9 Exhibit 9 - Randazza Declaration)(Randazza, Marc)
October 20, 2016 Opinion or Order Filing 354 TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 10/4/2016 by Cullin O'Brien, Esq. has/have been filed by Court Reporter: Carl Schanzleh, 305-523-5635 re #344 Transcript Information Form. (apz)
October 20, 2016 Opinion or Order Filing 353 TRANSCRIPT of Discovery Hearing held on 8/27/2015 before Magistrate Judge Dave Lee Brannon, 1-19 pages, re: #335 Notice of Appeal, Court Reporter: Carl Schanzleh, 305-523-5635. 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 11/14/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/23/2017. (Attachments: #1 Designation Access Form)(apz)
October 20, 2016 Opinion or Order Filing 352 TRANSCRIPT of Discovery Hearing held on 8/24/2015 before Magistrate Judge Dave Lee Brannon, 1-25 pages, re: #335 Notice of Appeal, Court Reporter: Carl Schanzleh, 305-523-5635. 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 11/14/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/23/2017. (Attachments: #1 Designation Access Form)(apz)
October 20, 2016 Opinion or Order Filing 351 TRANSCRIPT of Discovery Hearing held on 8/17/2015 before Magistrate Judge Dave Lee Brannon, 1-24 pages, re: #335 Notice of Appeal, Court Reporter: Carl Schanzleh, 305-523-5635. 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 11/14/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/23/2017. (Attachments: #1 Designation Access Form)(apz)
October 20, 2016 Opinion or Order Filing 350 TRANSCRIPT of Discovery Hearing held on 8/6/2015 before Magistrate Judge Dave Lee Brannon, 1-41 pages, re: #335 Notice of Appeal, Court Reporter: Carl Schanzleh, 305-523-5635. 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 11/14/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/23/2017. (Attachments: #1 Designation Access Form)(apz)
October 17, 2016 Opinion or Order Filing 349 NOTICE by Edward Tobinick re 155 Order, #335 Notice of Appeal,, (Attachments: #1 Exhibit Exhibit A - March 27, 2015 email to District Court, #2 Exhibit Exhibit B - Proposed Findings of Fact and Conclusions of Law Provided to District Court on March 27, 2015) (O'Brien, Cullin)
October 17, 2016 Opinion or Order Filing 348 TRANSCRIPT NOTIFICATION - have been filed by Pauline A. Stipes re #345 Court Reporter Acknowledgment, #335 Notice of Appeal,,. (ps)
October 16, 2016 Opinion or Order Filing 347 TRANSCRIPT of Status Conference held on 2.6.15 before Judge Robin L. Rosenberg, 1-31 pages, re: #335 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 11/10/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/20/2017. (ps)
October 16, 2016 Opinion or Order Filing 346 TRANSCRIPT of Status Conference held on 1.28.15 before Judge Robin L. Rosenberg, 1-31 pages, re: #335 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 11/10/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/20/2017. (ps)
October 12, 2016 Opinion or Order Filing 345 COURT REPORTER ACKNOWLEDGMENT re #344 Transcript Information Form. Transcripts for hearings on 1.28.15 and 2.6.15 to be filed on or before 11.11.16, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (ps)
October 4, 2016 Opinion or Order Filing 344 TRANSCRIPT INFORMATION FORM by Edward Tobinick re #335 Notice of Appeal,,. Hearing transcript(s) ordered. Order placed by Cullin O'Brien. Email sent to Court Reporter Coordinator. (O'Brien, Cullin)
September 30, 2016 Opinion or Order Filing 343 ORDER granting #336 Motion Motion to Stay Execution of Judgment Pending Appeals and for Order Allowing and Requiring a Supersedeas Bond. Signed by Judge Robin L. Rosenberg on 9/30/2016. (jas)
September 30, 2016 Opinion or Order Filing 342 Acknowledgment of Receipt of NOA from USCA re #335 Notice of Appeal,, filed by Edward Tobinick. Date received by USCA: 9/21/2016. USCA Case Number: 16-16210-A. (amb)
September 28, 2016 Opinion or Order Filing 341 PAPERLESS ORDER requiring Plaintiff to submit a proposed order on #336 Plaintiff's Motion to Stay Execution of Judgment Pending Appeal and for Order Allowing and Requiring Supersedeas Bond by September 29, 2016 at 12:00pm. Submission should be made in Word format to the Court's e-mail address. Signed by Judge Robin L. Rosenberg on 9/28/2016. (as00)
September 27, 2016 Opinion or Order Filing 340 RESPONSE to Motion re #336 MOTION PLAINTIFFS MOTION TO STAY EXECUTION OF JUDGMENT PENDING APPEALS AND FOR ORDER ALLOWING AND REQUIRING SUPERSEDEAS BOND re 319 Order on Motion for Extension of Time,,, #333 Order on Motion for Sanctions, Order on Motion for Attorney Fees, filed by Steven Novella. Replies due by 10/7/2016. (Randazza, Marc)
September 22, 2016 Opinion or Order Filing 339 PAPERLESS ORDER requiring Defendant to file an expedited response to Plaintiff's Motion to Stay Execution of Judgment at DE #336 by no later than Tuesday, September 27, 2016. Signed by Judge Robin L. Rosenberg on 9/22/2016. (RLR)
September 21, 2016 Opinion or Order Filing 338 Clerks Receipt for Supersedeas Bond #336 received on 9/21/2016 in the amount of $ 39,804.60, receipt number FLS100129910. (fbn)
September 21, 2016 Opinion or Order Filing 337 Clerks Receipt for Supersedeas Bond #336 received on 9/21/2016 in the amount of $ 245,958.63, receipt number FLS100129909. (fbn)
September 21, 2016 Opinion or Order Filing 336 MOTION PLAINTIFFS MOTION TO STAY EXECUTION OF JUDGMENT PENDING APPEALS AND FOR ORDER ALLOWING AND REQUIRING SUPERSEDEAS BOND re 319 Order on Motion for Extension of Time,,, #333 Order on Motion for Sanctions, Order on Motion for Attorney Fees, #334 Judgment on Attorney Fees, Transmission of Notice of Appeal and Docket Sheet to USCA, #335 Notice of Appeal,, by Edward Tobinick. (Attachments: #1 Exhibit)(O'Brien, Cullin)
September 20, 2016 Opinion or Order Transmission of Notice of Appeal, Judgment/Orders under appeal and Docket Sheet to US Court of Appeals re #335 Notice of Appeal, Notice has been electronically mailed. (apz)
September 20, 2016 Opinion or Order Filing 335 Notice of Appeal as to #334 Judgment on Attorney Fees, 319 Order on Motion for Extension of Time,,, #333 Order on Motion for Sanctions, Order on Motion for Attorney Fees by Edward Tobinick. Filing fee $ 505.00 receipt number 113C-9104271. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit Dkt. No. 334, #2 Exhibit Dkt. No. 333)(O'Brien, Cullin)
September 20, 2016 Opinion or Order Filing 334 FINAL JUDGMENT on Attorney Fees and Costs. Fees awarded to Steven Novella, M.D. against Plaintiffs Edward Lewis Tobinick, MD, INR PLLC, and M.D. Edward Tobinick. Signed by Judge Robin L. Rosenberg on 9/20/2016. (jas)
September 8, 2016 Opinion or Order Filing 333 ORDER denying #320 Motion for Sanctions; granting in part and denying in part #292 Motion for Attorney Fees. Signed by Judge Robin L. Rosenberg on 9/8/2016. (nkl)
August 18, 2016 Opinion or Order Filing 332 PAPERLESS ORDER denying #328 Novella's Motion for Status Conference ; granting #329 Plaintiff's Motion to Supplement only to the extent that the Court will permit the exhibits attached to the Motion to be a part of Plainitff's record in opposition to Novella's Motion for Attorney Fees. However, to the extent the Court does not find the supplemental exhibits relevant to the issues raied in the Motion for Attorney Fees, the Court will not consider them. Signed by Judge Robin L. Rosenberg on 8/18/2016. (RLR)
June 17, 2016 Opinion or Order Filing 331 REPLY to Response to Motion re #329 MOTION PLAINTIFFS MOTION TO SUPPLEMENT PLAINTIFFS OPPOSITION TO NOVELLAS PENDING MOTION FOR FEES re #326 Notice of Supplemental Authority, #325 Notice of Supplemental Authority, #304 Response in Opposition to Motion,,, filed by Edward Tobinick. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(O'Brien, Cullin)
June 8, 2016 Opinion or Order Filing 330 RESPONSE in Opposition re #329 MOTION PLAINTIFFS MOTION TO SUPPLEMENT PLAINTIFFS OPPOSITION TO NOVELLAS PENDING MOTION FOR FEES re #326 Notice of Supplemental Authority, #325 Notice of Supplemental Authority, #304 Response in Opposition to Motion,,, filed by Steven Novella. Replies due by 6/20/2016. (Attachments: #1 Exhibit 1 - IQTAXX v. Boling - Order Granting Fees and Costs, #2 Exhibit 2 - Randazza Email to O'Brien)(Randazza, Marc)
June 3, 2016 Opinion or Order Filing 329 MOTION PLAINTIFFS MOTION TO SUPPLEMENT PLAINTIFFS OPPOSITION TO NOVELLAS PENDING MOTION FOR FEES re #326 Notice of Supplemental Authority, #325 Notice of Supplemental Authority, #304 Response in Opposition to Motion,,, by Edward Tobinick. (Attachments: #1 Exhibit Exhibit A - Declaration of Jason Gibson, #2 Exhibit Exhibit B - Affidavit of Dennis L. Kennedy)(O'Brien, Cullin)
June 3, 2016 Opinion or Order Filing 328 MOTION for Status Conference by Steven Novella. (Attachments: #1 Exhibit 1 - Email)(Randazza, Marc)
May 25, 2016 Opinion or Order Filing 327 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: #296 Notice of Appeal,, #293 Notice of Appeal,, Appeal No. 15-14889-AA. The entire record on appeal is available electronically. (amb)
May 3, 2016 Opinion or Order Filing 326 Notice of Supplemental Authority re #292 Defendant's MOTION for Attorney Fees by Steven Novella (Attachments: #1 Exhibit 1 - Baker v. Deshong - Opinion and Order) (Randazza, Marc)
March 28, 2016 Opinion or Order Filing 325 Notice of Supplemental Authority re #292 Defendant's MOTION for Attorney Fees by Steven Novella (Attachments: #1 Exhibit A - Paton v. Geico) (Randazza, Marc)
March 28, 2016 Opinion or Order Filing 324 NOTICE of Change of Address by Marc John Randazza (Randazza, Marc)
January 5, 2016 Opinion or Order Filing 323 REPLY to Response to Motion re #320 MOTION for Sanctions filed by Jarod M Bona, Aaron R. Gott. (Interested party added) (jua)
December 23, 2015 Opinion or Order Filing 322 RESPONSE in Opposition re #320 MOTION for Sanctions filed by Steven Novella. Replies due by 1/4/2016. (Attachments: #1 Exhibit 1 - Email)(Randazza, Marc)
December 23, 2015 Opinion or Order Filing 321 ORDER Granting #302 Motion to Seal. The Clerk of Court shall seal the documents filed at DE 302-3, DE 302-4 and DE 302-5 for the duration of this case,including exhaustion of any appeals, and thereafter destroy these documents. Signed by Judge Robin L. Rosenberg on 12/23/2015. (nc)
December 23, 2015 Opinion or Order Filing 319 PAPERLESS ORDER denying as moot #301 Defendant Steven Novella M.D.'s Motion for Extension of Time. Insofar as Defendant requests additional time for Plaintiffs and their counsel to respond, this is denied as moot because these parties have already responded. Insofar as Plaintiffs' response at docket entry 306 argues that the Court should deny Defendant's Omnibus Motion for Attorneys Fees and Costs, at docket entry 292, due to Defendant's failure to comply with Local Rule 7.3(b), the Court exercises its discretion not to do so. Given the prior orders addressing fee issues at docket entries 190 and 193, as well as the history of this litigation, the Court finds Plaintiffs were not prejudiced by the failure to strictly comply with the rule, to the extent it applies to the fees Defendant requests. Signed by Judge Robin L. Rosenberg on 12/23/2015. (dzs)
December 22, 2015 Opinion or Order Filing 320 MOTION for Sanctions by Jarod M Bona. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(srd)
December 10, 2015 Opinion or Order Filing 318 REPLY to Response to Motion re #292 Defendant's MOTION for Attorney Fees (Reply to Bona and Gott's Opposition #317 ) filed by Steven Novella. (Randazza, Marc)
December 1, 2015 Opinion or Order Filing 317 RESPONSE of Jarod Bona and Aaron Gott to Defendant's Renewed Motion for Sanctions against Counsel re #292 Defendant's Omnibus MOTION for Attorney Fees . Replies due by 12/11/2015. (gp)
November 23, 2015 Opinion or Order Filing 316 REPLY to Response to Motion re #292 Defendant's MOTION for Attorney Fees (Reply to Counsel's Separate Opposition) filed by Steven Novella. (Randazza, Marc)
November 23, 2015 Opinion or Order Filing 315 REPLY to Response to Motion re #292 Defendant's MOTION for Attorney Fees filed by Steven Novella. (Randazza, Marc)
November 20, 2015 Opinion or Order Filing 314 TRANSCRIPT of Status Conference held on 6.18.15 before Judge Robin L. Rosenberg, 1-30 pages, re: #293 Notice of Appeal,, #296 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (ps)
November 20, 2015 Opinion or Order Filing 313 TRANSCRIPT of Motion for Preliminary Injunction held on 3.31.15 before Judge Robin L. Rosenberg, 1-195 pages, re: #293 Notice of Appeal,, #296 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (ps)
November 20, 2015 Opinion or Order Filing 312 TRANSCRIPT of Motion for Preliminary Injunction held on 3.30.15 before Judge Robin L. Rosenberg, 1-205 pages, re: #293 Notice of Appeal,, #296 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (ps)
November 20, 2015 Opinion or Order Filing 311 TRANSCRIPT of Status Conference held on 2.6.15 before Judge Robin L. Rosenberg, 1-25 pages, re: #293 Notice of Appeal,, #296 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (ps)
November 20, 2015 Opinion or Order Filing 310 TRANSCRIPT of Status Conference held on 1.28.15 before Judge Robin L. Rosenberg, 1-26 pages, re: #293 Notice of Appeal,, #296 Notice of Appeal,, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/22/2016. (ps)
November 16, 2015 Opinion or Order Filing 309 REPLY to Response to Motion re #301 MOTION for Extension of Time re #292 Defendant's MOTION for Attorney Fees filed by Steven Novella. (Attachments: #1 Exhibit 1 - Email)(Randazza, Marc)
November 16, 2015 Opinion or Order Filing 308 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re #292 Defendant's MOTION for Attorney Fees , #304 Response in Opposition to Motion,,, of Filing Declaration of Cullin O'Brien (Cahen, Geoffrey)
November 16, 2015 Opinion or Order Filing 307 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re #292 Defendant's MOTION for Attorney Fees , #304 Response in Opposition to Motion,,, of Filing Declaration of Geoffrey M. Cahen (Cahen, Geoffrey)
November 16, 2015 Opinion or Order Filing 306 RESPONSE in Opposition re #301 MOTION for Extension of Time re #292 Defendant's MOTION for Attorney Fees filed by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Replies due by 11/27/2015. (Cahen, Geoffrey)
November 16, 2015 Opinion or Order Filing 305 RESPONSE in Opposition re #292 Defendant's MOTION for Attorney Fees filed by Geoffrey Michael Cahen, Cullin O'Brien. Attorney Geoffrey Michael Cahen added to party Geoffrey Michael Cahen(pty:res), Attorney Geoffrey Michael Cahen added to party Cullin O'Brien(pty:res). Replies due by 11/27/2015. (Cahen, Geoffrey)
November 16, 2015 Opinion or Order Filing 304 OMNIBUS Opposition re #292 Defendant's MOTION for Attorney Fees filed by Edward Tobinick. Replies due by 11/27/2015. (Attachments: #1 Affidavit O'Brien Declaration Attaching Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 2a, #5 Exhibit Exhibit 2b, #6 Exhibit Exhibit 2c, #7 Exhibit Exhibit 2d, #8 Exhibit Exhibit 2e, #9 Exhibit Exhibit 2f, #10 Exhibit Exhibit 3, #11 Exhibit Exhibit 4, #12 Exhibit Exhibit 5, #13 Exhibit Exhibit 6a, #14 Exhibit Exhibit 6b, #15 Exhibit Exhibit 6c, #16 Exhibit Exhibit 6d, #17 Exhibit Exhibit 6e, #18 Exhibit Exhibit 6f, #19 Exhibit Exhibit 6g, #20 Exhibit Exhibit 6h, #21 Exhibit Exhibit 6i, #22 Exhibit Coverpage to Exhibit 7 (documents filed under seal), #23 Exhibit Exhibit 8, #24 Exhibit Exhibit 9, #25 Exhibit Exhibit 10, #26 Exhibit Exhibit 11)(O'Brien, Cullin) Modified text on 11/16/2015 (jua).
November 16, 2015 Opinion or Order Filing 303 RESPONSE in Opposition re #302 MOTION to Seal (Limited Opposition) filed by Steven Novella. Replies due by 11/27/2015. (Randazza, Marc)
November 16, 2015 Opinion or Order Filing 302 MOTION to File Documents Under Seal (dj) (Additional attachment(s) added on 11/16/2015: #1 Sealed Tracking Form, #2 Text of Proposed Order, #3 Exhibit 35, #4 Exhibit 37, #5 Deposition fo Steven Novella) (dj).
November 16, 2015 Opinion or Order Filing 301 MOTION for Extension of Time re #292 Defendant's MOTION for Attorney Fees by Steven Novella. Responses due by 12/3/2015 (Randazza, Marc)
November 12, 2015 Opinion or Order Filing 300 TRANSCRIPT NOTIFICATION - Transcript(s) ordered on: 10/24/2015 by Cullin O'Brien, Esq. has/have been filed by Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov re #293 Notice of Appeal,, #296 Notice of Appeal,, #299 Transcript Information Form. (Shires, Karl)
November 12, 2015 Opinion or Order Filing 299 TRANSCRIPT INFORMATION FORM by Edward Tobinick re #293 Notice of Appeal,, #296 Notice of Appeal,,. pretrial proceedings transcript(s) ordered. Order placed by Cullin O'Brien. Email sent to Court Reporter Coordinator. (O'Brien, Cullin)
November 3, 2015 Opinion or Order Filing 298 Acknowledgment of Receipt of NOA from USCA re #293 Notice of Appeal,, filed by Edward Lewis Tobinick, MD. Date received by USCA: 10/30/2015. USCA Case Number: 15-14889-A. (amb)
October 30, 2015 Opinion or Order Filing 297 NOTICE of Errata by Steven Novella re #292 Defendant's MOTION for Attorney Fees (Attachments: #1 Errata Exhibit A - Email) (Randazza, Marc) Modified text on 11/2/2015 (jua).
October 30, 2015 Opinion or Order Filing 296 Corrected Notice of Appeal as to #288 Order on Motion for Summary Judgment,,, by Edward Lewis Tobinick, MD. Filing fee $ 505.00. No Filing Fee Required. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit)(O'Brien, Cullin)
October 30, 2015 Opinion or Order Filing 295 Clerks Notice of Docket Correction re Transmission of Notice of Appeal and Docket Sheet to USCA. Docket Text Modified by Clerk to indicate that the Notice of Appeal de #293 was transmitted to the US Court of Appeals for the 11th Circuit. (mc)
October 30, 2015 Opinion or Order Filing 294 Clerks Notice to Filer re #293 Notice of Appeal. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (mc)
October 30, 2015 Opinion or Order Transmission of Notice of Appeal, Order and Docket Sheet to US Court of Appeals for the 11th Circuit; re #293 Notice of Appeal. Notice has been electronically mailed. (mc) Text modified on 10/30/2015 (mc).
October 30, 2015 Opinion or Order Transmission of Corrected Notice of Appeal, Order and Docket Sheet to US Court of Appeals for the 11th Circuit; re #296 Notice of Appeal. Notice has been electronically mailed. (mc)
October 29, 2015 Opinion or Order Filing 293 Notice of Appeal by Edward Lewis Tobinick, MD re #288 Order on Motion for Summary Judgment. Filing fee $ 505.00 receipt number 113C-8206208. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit)(O'Brien, Cullin) Text modified on 10/30/2015 to add docket entry link (mc).
October 29, 2015 Opinion or Order Filing 292 OMNIBUS MOTION for Attorney Fees and Costs by Steven Novella. Responses due by 11/16/2015 (Attachments: #1 Exhibit 1 - Affidavit of James Hauser, #2 Exhibit 2 - Declaration of Marc J. Randazza, #3 Exhibit 3 - Attorney Timesheet Spreadsheet, #4 Exhibit 4 - CV of Marc J. Randazza, #5 Exhibit 5 - Billing Summary, #6 Exhibit 6 - Emails attempting fee settlement, #7 Exhibit 7 - Laffey Matrix, #8 Exhibit 8 - Hourly Rates In A Time Of Moderation, #9 Exhibit 9 - Invoices to Client, #10 Exhibit 10 - Excerpt of Deposition, #11 Exhibit 11 - Randazza Letter to Bona, #12 Exhibit 12 - Randazza Letter to Bona)(Randazza, Marc) Modified text on 10/30/2015 (jua).
October 24, 2015 Opinion or Order Filing 291 TRANSCRIPT of Motion Hearing held on 11/20/2014 before Judge Robin L. Rosenberg, 1-61 pages, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. 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 11/19/2015. Redacted Transcript Deadline set for 11/27/2015. Release of Transcript Restriction set for 1/25/2016. (Shires, Karl)
October 19, 2015 Opinion or Order Filing 290 PAPERLESS ORDER granting #289 Motion to Exceed Page Limit. Defendant Dr. Steven Novella may file an omnibus motion for attorney's fees and costs of not more than 30 pages in length. Signed by Judge Robin L. Rosenberg on 10/19/2015. (dzs)
October 16, 2015 Opinion or Order Filing 289 MOTION for Leave to File Excess Pages by Steven Novella. (Randazza, Marc)
September 30, 2015 Opinion or Order Filing 288 ORDER GRANTING DEFENDANT DR. STEVEN NOVELLA M.D's #251 MOTION FOR SUMMARY JUDGMENT Closing Case. Motions Terminated: #283 MOTION PLAINTIFFS' MOTION SEEKING DENIAL OF OBJECTION TO CONTEMPLATED EXHIBITS, WHICH COULD OTHERWISE AFFECT SUMMARY JUDGMENT re #272 Response in Opposition to Motion,,, #282 Stipulation, #274 Response in Opposition to Motion, filed by Edward Lewis Tobinick, MD, #238 MOTION in Limine to Preclude Plaintiffs' Experts filed by Steven Novella, #251 Renewed MOTION for Summary Judgment filed by Steven Novella. Signed by Judge Robin L. Rosenberg on 9/30/2015. (mno) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
September 30, 2015 Opinion or Order Filing 287 RESPONSE in Opposition re #283 MOTION PLAINTIFFS' MOTION SEEKING DENIAL OF OBJECTION TO CONTEMPLATED EXHIBITS, WHICH COULD OTHERWISE AFFECT SUMMARY JUDGMENT re #272 Response in Opposition to Motion,,, #282 Stipulation, #274 Response in Opposition to Motion, filed by Steven Novella. Replies due by 10/13/2015. (Attachments: #1 Exhibit A - OBrien Email and Attached Exhibit List, #2 Exhibit B - Randazza Declaration, #3 Exhibit C - Neifeld Attorneys and Professionals, #4 Exhibit D - Speakers - NECSS 2015)(Randazza, Marc)
September 30, 2015 Opinion or Order Filing 286 JOINT PRETRIAL STIPULATION by Steven Novella (Attachments: #1 Exhibit Plaintiffs' Exhibit List, #2 Exhibit Defendant's Exhibit List, #3 Exhibit Plaintiffs' Witness List, #4 Exhibit Defendants' Witness List )(Randazza, Marc) Modified text on 9/30/2015 (jua).
September 30, 2015 Opinion or Order Filing 285 PAPERLESS ORDER regarding the parties' #282 Joint Stipulation to Extend Deadline to File Joint Pretrial Stipulations. The Court treats this as a joint motion for extension of time and GRANTS the motion. The parties shall file their joint pretrial stipulation and designations of deposition testimony by today, September 30, 2015. Signed by Judge Robin L. Rosenberg on 9/30/2015. (dzs)
September 29, 2015 Opinion or Order Filing 284 NOTICE by Edward Lewis Tobinick, MD re #283 MOTION PLAINTIFFS' MOTION SEEKING DENIAL OF OBJECTION TO CONTEMPLATED EXHIBITS, WHICH COULD OTHERWISE AFFECT SUMMARY JUDGMENT re #272 Response in Opposition to Motion,,, #282 Stipulation, #274 Response in Opposition to Motion, Correction to Name of Exhibit in Docket from "Errata" to "Exhibit" (Attachments: #1 Exhibit A-1) (O'Brien, Cullin)
September 29, 2015 Opinion or Order Filing 283 MOTION SEEKING DENIAL OF OBJECTION TO CONTEMPLATED EXHIBITS, WHICH COULD OTHERWISE AFFECT SUMMARY JUDGMENT re #272 Response in Opposition to Motion, #282 Stipulation, #274 Response in Opposition to Motion, by Edward Lewis Tobinick, MD. (Attachments: #1 Errata A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D, #7 Exhibit E-1, #8 Exhibit E-2, #9 Exhibit E-3)(O'Brien, Cullin) Modified text on 9/30/2015 (jua).
September 29, 2015 Opinion or Order Filing 282 JOINT STIPULATION to Extend Deadline to File Joint Pretrial Stipulations re #110 Scheduling Order, Set/Reset Deadlines/Hearings, by Steven Novella (Randazza, Marc) Modified text on 9/30/2015 (jua).
September 25, 2015 Opinion or Order Filing 281 NOTICE by Steven Novella re #277 Reply to Response to Motion,,, Notice of Errata (Randazza, Marc)
September 23, 2015 Opinion or Order Filing 280 ORDER granting #276 Unstipulated Motion for Substitution of Counsel. Added attorney Cullin Avram O'Brien for INR PLLC. Attorney Jarod Bona and Aaron R. Gott terminated Notice of Termination delivered by US Mail to Jarod Bona, Aaron Gott.. Signed by Judge Robin L. Rosenberg on 9/23/2015. (yha)
September 22, 2015 Opinion or Order Filing 279 NOTICE OF CANCELLING HEARING re #257 , Status Conference Hearing set for Friday, 9/25/2015 at 10:00 before Judge Robin L. Rosenberg is hereby CANCELLED. Status Conference #257 will be re-set by separate Order (mno)
September 21, 2015 Opinion or Order Filing 278 REPLY to Response to Motion re #238 MOTION in Limine to Preclude Plaintiffs' Experts filed by Steven Novella. (Attachments: #1 Exhibit 1 - Tx of Prelim Inj Hrg March 30)(Randazza, Marc)
September 21, 2015 Opinion or Order Filing 277 REPLY to Response to Motion re #251 Renewed MOTION for Summary Judgment filed by Steven Novella. (Attachments: #1 Exhibit 1 - Brian Williams Inquiry Is Said to Expand - The New York Times, #2 Exhibit 2 - Side Effects and Safety Information - Enbrel (etanercept), #3 Exhibit 3 - Tobinick LA Yelp Page, #4 Exhibit 4 - INR FL Yelp Page, #5 Exhibit 5 - INR LA Yelp Page, #6 Exhibit 6 - Vitals Review Dr. Edward Tobinick, #7 Exhibit 7 - TNF Inhibition Medscape, #8 Exhibit 8 - Define Dubious at Dictionary, #9 Exhibit 9 - ICANN _ Archives _ Top-Level Domains (gTLDs), #10 Exhibit 10 - Hearing on Preliminary Injunction Vol. 1, #11 Exhibit 11 - Program Requirements for Graduate Medical Education in Neurology, #12 Exhibit 12 - Dr. Edward Tobinick Sues)(Randazza, Marc)
September 18, 2015 Opinion or Order Filing 276 MOTION/STIPULATION for Substitution of Counsel by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick (Cahen, Geoffrey) Modified to convert document into a motion on 9/21/2015 (jua).
September 15, 2015 Opinion or Order Filing 275 ORDER denying #260 Plaintiffs' Corrected Rule 37 Motion for Sanctions and #261 Plaintiffs' Corrected Rule 60(b) Motion for Relief from June 4, 2015 Order and Sanctions. Also denying as moot: #258 Plaintiffs' Rule 60(b) Motion for Relief from June 4, 2015 Order and Sanctions, #259 Plaintiffs' Rule 37 Motion for Sanctions, and #270 Defendant's Motion for Leave to File Surreply. Signed by Judge Robin L. Rosenberg on 9/15/2015. (dzs)
September 12, 2015 Opinion or Order Filing 274 NOTICE of Filing Exhibit L for Plaintiffs' Response in Opposition re #251 Renewed MOTION for Summary Judgment filed by Edward Tobinick. Replies due by 9/24/2015. (Attachments: #1 Exhibit L1, #2 Exhibit L2, #3 Exhibit L3)(O'Brien, Cullin) Modified text on 9/14/2015 (jua).
September 11, 2015 Opinion or Order Filing 273 RESPONSE in Opposition re #238 MOTION in Limine to Preclude Plaintiffs' Experts filed by Edward Tobinick. Replies due by 9/21/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(O'Brien, Cullin)
September 11, 2015 Opinion or Order Filing 272 RESPONSE in Opposition re #251 Renewed MOTION for Summary Judgment filed by Edward Tobinick. Replies due by 9/21/2015. (Attachments: #1 Exhibit Counter-Statement of Material Facts, #2 Exhibit Rule 56(d) Filing, #3 Exhibit Filing Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Z, #28 Exhibit Y, #29 Exhibit AA, #30 Exhibit BB, #31 Exhibit CC, #32 Exhibit DD, #33 Exhibit EE, #34 Exhibit FF, #35 Exhibit GG, #36 Exhibit HH, #37 Exhibit II)(O'Brien, Cullin)
September 8, 2015 Opinion or Order Filing 271 Request for Judicial Notice by Steven Novella (Attachments: #1 Exhibit 1 - Accusation against Susan Davoodifar, #2 Exhibit 2 - Declaration of Trey Rothell)(Randazza, Marc) Modified text on 9/9/2015 (jua).
September 8, 2015 Opinion or Order Filing 270 MOTION for Leave to File Surreply by Steven Novella. (Attachments: #1 Exhibit 1 - Declaration of Trey Rothell with Exhibits, #2 Exhibit 2 - Dates of Posting Sinha, #3 Exhibit 3 - Dates of Posting Davoodifar)(Randazza, Marc)
September 8, 2015 Opinion or Order Filing 269 REPLY to Response to Motion re #261 Motion for Reconsideration filed by Edward Tobinick. (Attachments: #1 Exhibit Ex. 32, #2 Exhibit Ex. 33, #3 Exhibit Ex. 34, #4 Exhibit Ex. 35, #5 Exhibit Ex. 36, #6 Exhibit Ex. 37, #7 Exhibit Ex. 38, #8 Exhibit Ex. 39)(O'Brien, Cullin)
September 7, 2015 Opinion or Order Filing 268 NOTICE by Steven Novella re #257 Order, Set/Reset Hearings Notice of Telephonic Appearance (Randazza, Marc)
September 2, 2015 Opinion or Order Filing 267 SUPPLEMENT to #262 Response in Opposition to Motion by Steven Novella (Attachments: #1 Exhibit 1 - Emails, #2 Exhibit 2 - Emails, #3 Exhibit 3 - Emails, #4 Exhibit 4 - Emails, #5 Exhibit 5 - Emails, #6 Exhibit 6 - Emails, #7 Exhibit 7 - Emails and Article, #8 Exhibit 8 - Emails, #9 Exhibit 9 - Movement Disorders Team webpage, #10 Exhibit 10 - Emails, #11 Exhibit 11 - Emails and Demand Letter)(Randazza, Marc)
September 2, 2015 Opinion or Order Filing 266 NOTICE of Errata by Steven Novella re #262 Response in Opposition to Motion (Attachments: #1 Errata Exhibit A - Stephen Barrett Email) (Randazza, Marc) Modified text on 9/3/2015 (jua).
September 2, 2015 Opinion or Order Filing 265 PAPERLESS ORDER denying #264 Plaintiffs' Motion to Stay. Signed by Judge Robin L. Rosenberg on 9/2/2015. (dzs)
September 2, 2015 Opinion or Order Filing 264 MOTION to Stay All Deadlines Pending Resolution of Outstanding Motions for Rule 60(b) Relief, Rule 37 Relief, and for Sanctions re #260 Motion for Sanctions, #261 Motion for Reconsideration by Edward Tobinick. (O'Brien, Cullin) Modified relief on 9/2/2015 (jua).
September 1, 2015 Opinion or Order Filing 263 RESPONSE in Opposition re #260 Motion for Sanctions filed by Steven Novella. Replies due by 9/11/2015. (Attachments: #1 Exhibit 1 - Declaration of Dr. Steven Novella)(Randazza, Marc)
September 1, 2015 Opinion or Order Filing 262 RESPONSE in Opposition re #261 Motion for Reconsideration filed by Steven Novella. Replies due by 9/11/2015. (Attachments: #1 Exhibit 1 - Declaration of Dr. Steven Novella)(Randazza, Marc)
September 1, 2015 Opinion or Order Filing 261 CORRECTED MOTION for Rule 60(b) Relief from June 4, 2015 Order and for Sanctions re #258 MOTION Motion for Rule 60(b) Relief from June 4, 2015 Order and for Sanctions re #193 Order on Motion to Strike by Edward Tobinick. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(O'Brien, Cullin) Modified relief on 9/1/2015 (jua).
September 1, 2015 Opinion or Order Filing 260 CORRECTED MOTION for Rule 37 Sanctions by Edward Tobinick. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit)(O'Brien, Cullin) Modified relief on 9/1/2015 (jua).
August 31, 2015 Opinion or Order Filing 259 MOTION Rule 37 Motion for Sanctions by Edward Tobinick. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit)(O'Brien, Cullin)
August 31, 2015 Opinion or Order Filing 258 MOTION Motion for Rule 60(b) Relief from June 4, 2015 Order and for Sanctions re #193 Order on Motion to Strike by Edward Tobinick. Attorney Cullin Avram O'Brien added to party Edward Tobinick(pty:pla). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(O'Brien, Cullin)
August 28, 2015 Opinion or Order Filing 257 ORDER Setting Status Conference for 9/25/2015 10:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 8/28/2015. (jua)
August 27, 2015 Opinion or Order Filing 256 ORDER Memorializing Court Rulings at Discovery Hearing. Signed by Magistrate Judge Dave Lee Brannon on 8/27/2015. (jua)
August 27, 2015 Opinion or Order Filing 255 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 8/27/2015. Aaron Gott and Jarod Bona present for Plaintiff. Jay Wolman and Marc Randazza present for Defendant. Written order memorializing court rulings to follow. (Digital/Time in Court: 14:02:05/ 41 mins.) (js00)
August 26, 2015 Opinion or Order Filing 254 ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon notice by Defendant's counsel of a discovery dispute requiring Court intervention, a telephonic discovery hearing is set for 2:00 P.M. on Thursday, August 27, 2015, 4th Floor, Courtroom 3 in West Palm Beach Division. Defendant's counsel shall forthwith provide the Court (brannon@flsd.uscourts.gov) and opposing counsel with a dial-in conference call number. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/26/2015. (js00)
August 26, 2015 Opinion or Order Filing 253 PAPERLESS ORDER granting Plaintiffs' #252 Motion for Extension of Time to Respond to Defendant Novella's #238 Motion in Limine to Preclude Plaintiffs' Experts. Plaintiffs' response to the motion in limine shall be filed by 9/11/2015. Signed by Judge Robin L. Rosenberg on 8/26/2015. (dzs)
August 26, 2015 Opinion or Order Filing 252 MOTION for Extension of Time to File Response/Reply/Answer as to #238 MOTION in Limine to Preclude Plaintiffs' Experts by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Cahen, Geoffrey)
August 25, 2015 Opinion or Order Filing 251 Renewed MOTION for Summary Judgment by Steven Novella. Responses due by 9/11/2015 (Attachments: #1 Exhibit 1 - Tx of Prelim Inj Hrg March 31, #2 Exhibit 2 - Defense Exhibit 82 (AMA Opinion), #3 Exhibit 3 - Defense Exhibit 83 (AAOS Article), #4 Exhibit 4 - Rennie Expert Report, #5 Exhibit 5 - Rennie Depo Tx, #6 Exhibit 6 - Mackay Expert Report, #7 Exhibit 7 - NYT Appendix, #8 Exhibit 8 - Plaintiff's Rule 26 Disclosures, #9 Exhibit 9 - Page Depo Tx, #10 Exhibit 10 - MedScape Comments, #11 Exhibit 11 - Barrett June 20 Letter, #12 Exhibit 12 - Feb. 15 Email to Barrett, #13 Exhibit 13 - AJS Decl. ISO MSJ, #14 Exhibit 14 - Defense Exhibit 1 (Amgen Statement), #15 Exhibit 15 - Tx of Prelim Inj Hrg March 30, #16 Exhibit 16 - NewsOk.com Article, #17 Exhibit 17 - Strokebreakthrough.com About Page, #18 Exhibit 18 - Strokebreakthrough.com Homepage, #19 Exhibit 19 - May 8 Email to Barrett, #20 Supplement Statement of Undisputed Facts)(Randazza, Marc)
August 25, 2015 Opinion or Order Filing 250 ORDER Memorializing Court Rulings at Discovery Hearing. Signed by Magistrate Judge Dave Lee Brannon on 8/25/2015. (jua)
August 24, 2015 Opinion or Order Filing 249 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 8/24/2015. Plaintiff, Edward Lewis Tobinick, present with his counsel, Cullin O'Brien, along with Geoffrey Cahen, Aaron Gott, and Jarod Bona. Jay Wolman present for Defendant. Written order memorializing court rulings to follow. (Digital/Time in Court: 16:13:46/ 32 mins.) (js00)
August 21, 2015 Opinion or Order Filing 248 ORDER SETTING TELEPHONIC DISCOVERY HEARING: Upon notice by Plaintiff's counsel of a discovery dispute requiring Court intervention, a telephonic discovery hearing is set for 4:15 P.M. on Monday, August 24, 2015, 4th Floor, Courtroom 3 in West Palm Beach Division. Plaintiff's counsel shall forthwith provide the Court (brannon@flsd.uscourts.gov) and opposing counsel with a dial-in conference call number. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/21/2015. (js00)
August 21, 2015 Opinion or Order Filing 247 NOTICE of Attorney Appearance by Cullin Avram O'Brien on behalf of Edward Lewis Tobinick, MD. Attorney Cullin Avram O'Brien added to party Edward Lewis Tobinick, MD(pty:pla). (O'Brien, Cullin)
August 20, 2015 Opinion or Order Filing 246 PAPERLESS ORDER denying as moot #244 Motion for Conference in light of docket entry 245. Signed by Judge Robin L. Rosenberg on 8/20/2015. (bkd)
August 20, 2015 Opinion or Order Filing 245 PAPERLESS ORDER denying #241 Motion for Leave to File for all of the reasons previously stated on the record at the Court's Status Conference on June 18, 2015, as well as the timing of the Motion in relation to the dispositive motion deadline, which is imminent, and trial, which is two months hence. Signed by Judge Robin L. Rosenberg on 8/20/2015. (bkd)
August 19, 2015 Opinion or Order Filing 244 Consent MOTION for Status Conference by Steven Novella. (Randazza, Marc)
August 18, 2015 Opinion or Order Filing 243 ORDER granting #240 Emergency Motion for Protective Order. Signed by Magistrate Judge Dave Lee Brannon on 8/18/2015. (jua)
August 18, 2015 Opinion or Order Filing 242 Clerks Notice to Filer re #240 MOTION for Protective Order . Emergency Document Filed Electronically; ERROR - Emergency matters may not be filed electronically, they must be filed in the conventional paper format in the division where the judge is chambered. The Clerk contacted Chambers and corrected the docket text to indicate the document is an emergency matter. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules. (jua)
August 18, 2015 Opinion or Order Filing 241 Second MOTION for Leave to File Supplemental Complaint by INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cahen, Geoffrey)
August 18, 2015 Opinion or Order Filing 240 EMERGENCY MOTION for Protective Order by Steven Novella. (Attachments: #1 Exhibit 1 - Proposed Standing Protective Order)(Randazza, Marc) Modified text on 8/19/2015 (jua).
August 18, 2015 Opinion or Order Filing 239 ORDER Memorializing Court Rulings at Discovery Hearing. Signed by Magistrate Judge Dave Lee Brannon on 8/18/2015. (asl)
August 17, 2015 Opinion or Order Filing 238 MOTION in Limine to Preclude Plaintiffs' Experts by Steven Novella. (Attachments: #1 Exhibit 1 - Tobinick Witness Disclosure, #2 Exhibit 2 - Glassman Expert Report, #3 Exhibit 3 - Expert Report Vivian H. Topp, #4 Exhibit 4 - Updated Topp Expert Report, #5 Exhibit 5 - Page - Expert Report, #6 Exhibit 6 - Butchart Article, #7 Exhibit 7 - Prelim. Inj. Hearing Transcript Part 1, #8 Exhibit 8 - Best Expert Report, #9 Exhibit 9 - American Academy of Neurology Code of Professional Conduct, #10 Exhibit 10 - Feb 2015 Ignatowski Expert Report, #11 Exhibit 11 - Ignatowski Trial Expert Report, #12 Exhibit 12 - Ignatowkski et al Author's Reply to Whitlock, #13 Exhibit 13 - Declaration of Marc J Randazza, #14 Exhibit 14 - Osinoff Expert Report, #15 Exhibit 15 - CA Board of Medicine Second Amended Accusation, #16 Exhibit 16 - Cass Expert Report, #17 Exhibit 17 - Twomey CV, #18 Exhibit 18 - Twomey Report, #19 Exhibit 19 - Twomey - Frostbite Study)(Randazza, Marc)
August 17, 2015 Opinion or Order Filing 237 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 8/17/2015. Plaintiff, Edward Lewis Tobinick, present with his counsel, Geoffrey Cahen and Jarod Bona. Jay Wolman and Marc Randazza present for Defendant. Denise Savage present for third party, Jay Novella. Written order memorializing court rulings to follow. (Digital/Time in Court: 16:05:57/ 41 mins.) (js00)
August 17, 2015 Opinion or Order Filing 236 ENDORSED ORDER granting #235 Motion for Telephonic Appearance. Defendant's counsel may appear at the Discovery Hearing on August 17, 2015 by telephone. Defense counsel shall use the conference phone number provided by Plaintiff's counsel. The Court appreciates that the parties are in the process of attempting to resolve the outstanding discovery issues without the neeed for Court intervention. Counsel shall contact chambers before the start of the hearing if the parties come to a resolution on these issues. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/17/2015. (js00)
August 17, 2015 Opinion or Order Filing 235 MOTION for Telephonic Appearance re 232 Endorsed Order, Set/Reset Hearings,, by Steven Novella. (Randazza, Marc)
August 17, 2015 Opinion or Order Filing 234 ENDORSED ORDER granting #233 Motion for Telephonic Appearance. Attorney Jarod Bona may appear telephonically at the Discovery Hearing at 4:00 p.m. EST on August 17, 2015. Plaintiff's counsel shall forthwith provide the Court (brannon@flsd.uscourts.gov) with a dial-in conference call number. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/17/2015. (js00)
August 17, 2015 Opinion or Order Filing 233 MOTION for Leave to Appear Telephonically . Attorney: Jarod Bona by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 9/3/2015 (Cahen, Geoffrey)
August 14, 2015 Opinion or Order Filing 232 ORDER SETTING DISCOVERY HEARING: Upon notice by Plaintiffs' counsel of a discovery dispute requiring Court intervention, a discovery hearing is set for 4:00 P.M. on Monday, August 17, 2015, 4th Floor, Courtroom 3 in West Palm Beach Division. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/14/2015. (jrz)
August 11, 2015 Opinion or Order Filing 231 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick Notice of inability to serve Witness Jay Novella with Subpoena for Deposition and Production of Documents (Cahen, Geoffrey)
August 7, 2015 Opinion or Order Filing 230 NOTICE Regarding Search Terms by Steven Novella re #229 Order on Motion for Extension of Time, Order on Motion for Protective Order, (Randazza, Marc) Modified text on 8/7/2015 (jua).
August 7, 2015 Opinion or Order Filing 229 ORDER MEMORIALIZING COURT RULINGS AT DISCOVERY HEARING.Denying as Moot #217 Motion for Extension of Time to file Motion for Protective Order; Granting in Part and Denying in Part #219 Motion for Protective Order. Signed by Magistrate Judge Dave Lee Brannon on 8/7/2015. (sa)
August 6, 2015 Opinion or Order Filing 228 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Discovery Hearing held on 8/6/2015. Plaintiff, Edward Lewis Tobinick, present with his counsel, Geoffrey Cahen and Aaron Gott. Jay Wolman present for Defendant. Written order memorializing court rulings to follow. (Digital/Time in Court: 14:03:31/ 51 mins.) (js00)
August 6, 2015 Opinion or Order Filing 227 ORDER denying #176 Motion for Attorney Fees. Signed by Judge Robin L. Rosenberg on 8/6/2015. (cgn)
August 6, 2015 Opinion or Order Filing 226 ENDORSED ORDER granting #225 Motion for Telephonic Appearance. Counsel for Plaintiff, Jarod Bona, may appear telephonically at the discovery hearing at 2:00 p.m. EST on August 6, 2015. Mr. Bona shall use the conference phone number provided by Defendant's counsel. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/6/2015. (js00)
August 6, 2015 Opinion or Order Filing 225 MOTION for Leave to Appear Telephonically at Discovery Hearing. Attorney: Jarod Bona, Esq. by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 8/24/2015 (Cahen, Geoffrey)
August 4, 2015 Opinion or Order Filing 224 ENDORSED ORDER granting #223 Motion for Telephonic Appearance. Counsel for Defendant, Steven Novella, may appear telephonically at the discovery hearing on August 6, 2015 at 2:00 p.m. Defendant's ounsel shall forthwith provide the Court (brannon@flsd.uscourts.gov) with a dial-in conference call number. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/4/2015. (js00)
August 4, 2015 Opinion or Order Filing 223 MOTION for Telephonic Appearance re 222 Endorsed Order, Set/Reset Hearings,, by Steven Novella. (Randazza, Marc)
August 4, 2015 Opinion or Order Filing 222 ENDORSED ORDER SETTING DISCOVERY HEARING: Upon notice by Defendant's counsel of a discovery dispute requiring Court intervention, a discovery hearing is set for 2:00 p.m. on Thursday, August 6, 2015, 4th Floor, Courtroom 3 in West Palm Beach Division. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/4/2015. (js00)
July 30, 2015 Opinion or Order Attorney Kimberly Jordan Freedman terminated. (nkl)
July 29, 2015 Opinion or Order Filing 221 ORDER granting #220 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robin L. Rosenberg on 7/29/2015. (jua)
July 27, 2015 Opinion or Order Filing 219 Defendant's MOTION for Protective Order by Steven Novella. (Attachments: #1 Exhibit 1 - Response to 1st RPDs, #2 Exhibit 2 - Response to 1st RFAs, #3 Exhibit 3 - Response to 1st Rogs, #4 Exhibit 4 - SGU Notice of Subpoena for Documents, #5 Exhibit 5 - Randazza Declaration)(Randazza, Marc)
July 27, 2015 Opinion or Order Filing 218 NOTICE by Yale University Of Request For Removal From Service List And Request To Stop Electronic Service (Freedman, Kimberly)
July 24, 2015 Opinion or Order Filing 220 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jay Marshall Wolman. Filing Fee $ 75.00. Receipt # 2-914. (ksa)
July 23, 2015 Opinion or Order Filing 217 Defendant's MOTION for Extension of Time to File Motion for Protective Order by Steven Novella. Responses due by 8/10/2015 (Randazza, Marc)
July 21, 2015 Opinion or Order Filing 216 NOTICE of Attorney Appearance by Jason Allan Fischer on behalf of Steven Novella. Attorney Jason Allan Fischer added to party Steven Novella(pty:dft). (Fischer, Jason)
July 15, 2015 Opinion or Order Filing 215 PAPERLESS ORDER granting the #213 MOTION to Extend Deadline for Expert Depositions and the #214 Defendant's MOTION to Withdraw and Refile Motion for Summary Judgment. Defendant may withdraw his motion for summary judgment. Expert discovery is extended until August 18, 2015. No rebuttal experts will be allowed. The deadline for dispositive motions is extended to August 25, 2015. Signed by Judge Robin L. Rosenberg on 7/15/2015. (cgn)
July 14, 2015 Opinion or Order Filing 214 Defendant's MOTION Withdraw and Refile Motion for Summary Judgment or, in the Alternative, For Leave to File a Supplemental Memorandum re #206 MOTION for Summary Judgment by Steven Novella. (Randazza, Marc)
July 14, 2015 Opinion or Order Filing 213 MOTION to Extend Deadline for Expert Depositions by Steven Novella. (Attachments: #1 Exhibit 1 - Email from John Rennie, #2 Exhibit 2 - Email from Jenn Mackay, #3 Exhibit 3 - Email from Stephen Page)(Randazza, Marc)
July 8, 2015 Opinion or Order Filing 212 PAPERLESS OMNIBUS ORDER. The #205 MOTION for Sanctions by Steven Novella is denied without prejudice, as the Court believes that the issues raised therein would be more suitably decided after the conclusion of the case. Plaintiffs' #210 MOTION for Extension of Time to File Response/Reply/Answer as to #205 MOTION for Sanctions is therefore denied as moot. Plaintiffs' #209 MOTION For Relief Pursuant to Fed. R. Civ. P. 56(d) is granted, insofar as the following: (1) the Court will defer ruling on the #206 MOTION for Summary Judgment by Steven Novella; (2) discovery, including written and expert discovery, will continue until August 3, 2015; (3) accordingly, Defendant Novella must respond to Plaintiffs' written discovery requests within fifteen (15) days of their service as contemplated at the status conference, unless he believes that doing so would contravene the Federal or Local Rules; (4) the discovery deadline is extended until August 17, 2015 only for the deposition of Jay Novella, see DE 209 Ex. 1 para. 5; (5) the #206 MOTION for Summary Judgment by Steven Novella will be deemed filed on August 17, 2015, and Plaintiffs will have the time contemplated by the Federal and Local Rules to respond to it. In line with this ruling, #208 Defendant's MOTION to Continue Hearing Date is granted and Plaintiffs' #211 MOTION for Extension of Time to File Response/Reply/Answer as to #206 MOTION for Summary Judgment is denied as moot. The Court will reset the hearing on the summary judgment motion by separate order. Signed by Judge Robin L. Rosenberg on 7/8/2015. (cgn)
July 7, 2015 Opinion or Order Filing 211 MOTION for Extension of Time to File Response/Reply/Answer as to #206 MOTION for Summary Judgment by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Attachments: #1 Exhibit A)(Cahen, Geoffrey)
July 7, 2015 Opinion or Order Filing 210 MOTION for Extension of Time to File Response/Reply/Answer as to #205 MOTION for Sanctions by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cahen, Geoffrey)
July 6, 2015 Opinion or Order Filing 209 MOTION For Relief Pursuant to Fed. R. Civ. P. 56(d) re #206 MOTION for Summary Judgment by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cahen, Geoffrey)
July 1, 2015 Opinion or Order Filing 208 Defendant's MOTION to Continue Hearing Date by Steven Novella. Responses due by 7/20/2015 (Randazza, Marc)
July 1, 2015 Opinion or Order Filing 207 ORDER Setting Hearing on Motion #206 MOTION for Summary Judgment : Motion Hearing is set for 7/15/2015 at 2:30 PM in West Palm Beach Division before Judge Robin L. Rosenberg. The Court has set aside thirty (30) minutes for the hearing. Counsel may appear via telephone but must file a notice of telephonic appearance at least one (1) day prior to the hearing. Instructions for Tele Conference, please call five (5) minutes prior to the hearing.Toll-Free Number: 1(877)873-8018, Access Code: 9890482, Security Code (4008). Signed by Judge Robin L. Rosenberg on 7/1/2015. (sjn)
June 26, 2015 Opinion or Order Filing 206 MOTION for Summary Judgment by Steven Novella. Responses due by 7/13/2015 (Attachments: #1 Exhibit 1 - March 31, 2015 Excerpted Transcript, #2 Exhibit 2 - Tobinick Witness Disclosure, #3 Exhibit 3 - NYT Appendix, #4 Exhibit 4 - Shepard Declaration, #5 Exhibit 5 -Amgen Statement, #6 Exhibit 6 - AMA Opinion, #7 Exhibit 7 - AAOS Article, #8 Exhibit 8 - March 30, 2015 Excerpted Transcript, #9 Exhibit 9 - NewsOk.com Article)(Randazza, Marc)
June 26, 2015 Opinion or Order Filing 205 MOTION for Sanctions by Steven Novella. (Attachments: #1 Exhibit 1 - Letter Enclosing Draft Motion to Bona, #2 Exhibit 2 - ECF 157 - Order RE MSJ, #3 Exhibit 3 - ECF 172 - Order RE Preliminary Injunction)(Randazza, Marc)
June 25, 2015 Opinion or Order Filing 204 ANSWER and Affirmative Defenses to Amended Complaint by Steven Novella. (Randazza, Marc)
June 24, 2015 Opinion or Order Filing 203 REPLY to Response to Motion re #176 Defendant's MOTION for Attorney Fees and Costs filed by Society for Science-Based Medicine, Inc.. (Polk, Edward)
June 18, 2015 Opinion or Order Reset Answer Due Deadline per DE #202 : Steven Novella response due 6/25/2015. (jua)
June 18, 2015 Opinion or Order Filing 202 ORDER denying #177 Corrected MOTION to Amend/Correct #55 Amended Complaint; denying #192 Joint MOTION to Modify Briefing Schedule; and setting deadlines. Signed by Judge Robin L. Rosenberg on 6/18/2015. (cgn)
June 18, 2015 Opinion or Order Filing 201 PAPERLESS MINUTE ENTRY for proceedings held before Judge Robin L. Rosenberg: Status Conference held on 6/18/2015. Appearances: All counsel of record.Order to follow. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (sjn)
June 16, 2015 Opinion or Order Filing 200 NOTICE by Steven Novella re 198 Order,, Notice of Telephonic Appearance (Randazza, Marc)
June 16, 2015 Opinion or Order Filing 199 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re 198 Order,, Of Telephonic Appearance (Cahen, Geoffrey)
June 15, 2015 Opinion or Order Filing 198 AMENDED PAPERLESS ORDER SETTING STATUS CONFERENCE. Status Conference set for 6/18/2015 11:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Thirty (30) minutes are scheduled for the status conference. Counsel may appear via telephone but must file a notice of telephonic appearance at least one (1) day prior to the hearing. Please call five (5) minutes prior to the hearing. Toll-Free Number: 1(877)873-8018. Access Code: 9890482. Security Code: 4008. Signed by Judge Robin L. Rosenberg on 6/15/2015. (cgn)
June 8, 2015 Opinion or Order Filing 197 RESPONSE in Opposition re #176 Defendant's MOTION for Attorney Fees and Costs filed by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Replies due by 6/18/2015. (Attachments: #1 Exhibit A)(Cahen, Geoffrey)
June 8, 2015 Opinion or Order Filing 196 PAPERLESS ORDER granting the #194 Joint MOTION to Stay Proceedings and for Status Conference. The case is stayed for 10 days, except with respect to #176 Defendant's MOTION for Attorney Fees and Costs. Status Conference set for 6/18/2015 11:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Thirty (30) minutes are scheduled for the status conference. Signed by Judge Robin L. Rosenberg on 6/8/2015. (cgn)
June 8, 2015 Opinion or Order Filing 195 Clerks Notice to Filer re #194 Joint MOTION to Stay Proceedings and for Status Conference. 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. (jua)
June 5, 2015 Opinion or Order Filing 194 Joint MOTION to Stay Proceedings and for Status Conference by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 6/22/2015 (Cahen, Geoffrey). Added MOTION for Hearing on 6/8/2015 (jua).
June 4, 2015 Opinion or Order Filing 193 ORDER granting #93 Special Motion to Strike (Anti-SLAPP Motion). Signed by Judge Robin L. Rosenberg on 6/4/2015. (cgn)
June 3, 2015 Opinion or Order Filing 192 Joint MOTION to Modify Briefing Schedule re #110 Scheduling Order, Set/Reset Deadlines/Hearings,, by Steven Novella. (Randazza, Marc)
June 2, 2015 Opinion or Order Filing 191 PAPERLESS ORDER granting in part and denying in part #185 Motion for Extension of Time to File Response/Reply to #176 Defendant's MOTION for Attorney Fees and Costs filed by Society for Science-Based Medicine, Inc. Plaintiffs' Response is due by 6/8/2015. Defendant Society's Reply is due by 6/25/2015. Signed by Judge Robin L. Rosenberg on 6/2/2015. (cgn)
June 2, 2015 Opinion or Order Filing 190 ORDER denying without prejudice #175 Motion for Sanctions. Signed by Judge Robin L. Rosenberg on 6/2/2015. (cgn)
June 2, 2015 Opinion or Order Filing 189 WITHDRAWAL of Motion by Steven Novella re #187 MOTION for Extension of Time to File Response/Reply/Answer filed by Steven Novella, #186 MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Corrected Motion for Leave to File Second Amended Complaint filed by Steven Novella (Randazza, Marc)
June 2, 2015 Opinion or Order Filing 188 RESPONSE in Opposition re #177 Corrected MOTION to Amend/Correct #55 Amended Complaint, #173 Motion for Leave to File Second Amended Complaint filed by Steven Novella. Replies due by 6/12/2015. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Randazza, Marc)
June 1, 2015 Opinion or Order Filing 187 MOTION for Extension of Time to File Response/Reply/Answer by Steven Novella. (Randazza, Marc)
June 1, 2015 Opinion or Order Filing 186 MOTION for Extension of Time to File Response/Reply/Answer Plaintiff's Corrected Motion for Leave to File Second Amended Complaint by Steven Novella. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time)(Randazza, Marc)
May 30, 2015 Opinion or Order Filing 185 MOTION for Extension of Time to File Response/Reply/Answer as to #176 Defendant's MOTION for Attorney Fees and Costs by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Cahen, Geoffrey)
May 27, 2015 Opinion or Order Filing 184 RESPONSE in Opposition re #175 MOTION for Sanctions under 28 U.S.C. 1927 filed by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery. Replies due by 6/8/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cahen, Geoffrey)
May 22, 2015 Opinion or Order Attorney Theresa M. Haar terminated. Notice of Termination delivered by US Mail to Theresa Haar. (ls) (per DE #183 )
May 22, 2015 Opinion or Order Filing 183 NOTICE by Steven Novella Notice of Change of Counsel (Randazza, Marc)
May 20, 2015 Opinion or Order Filing 182 PAPERLESS ORDER denying as moot the #173 Motion for Leave to File an Amended Complaint in light of the filing of the #177 Corrected Motion. Signed by Judge Robin L. Rosenberg on 5/20/2015. (cgn)
May 20, 2015 Opinion or Order Filing 181 PAPERLESS ORDER granting #178 Motion for Extension of Time to File Response. Defendant Novella's response is due 14 days after the Court decides the pending #177 Corrected MOTION for Leave to File Second Amended Complaint. Signed by Judge Robin L. Rosenberg on 5/20/2015. (cgn)
May 19, 2015 Opinion or Order Filing 180 ORDER by Clerk of Non-Entry of Default re #179 Motion for Clerks Entry of Default as to Steven Novella. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK on 5/19/2015. (jua)
May 19, 2015 Opinion or Order Filing 179 MOTION for Clerks Entry of Default as to Steven Novella by INR PLLC, The Institute of Neurological Recovery, Edward Lewis Tobinick, MD, Edward Tobinick. (Cahen, Geoffrey)
May 19, 2015 Opinion or Order Filing 178 MOTION for Extension of Time to file responsive pleading by Steven Novella. Responses due by 6/5/2015 (Randazza, Marc) Modified relief on 5/19/2015 (jua).
May 15, 2015 Opinion or Order Filing 177 Corrected MOTION to Amend/Correct #55 Amended Complaint, #173 Motion for Leave to File Second Amended Complaint by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 6/1/2015 (Attachments: #1 Exhibit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Cahen, Geoffrey)
May 15, 2015 Opinion or Order Filing 176 Defendant's MOTION for Attorney Fees and Costs by Society for Science-Based Medicine, Inc.. Responses due by 6/1/2015 (Attachments: #1 Exhibit Billing document, #2 Exhibit Billing document, #3 Exhibit Billing document, #4 Exhibit Billing document, #5 Exhibit Billing document, #6 Exhibit Billing document)(Polk, Edward)
May 13, 2015 Opinion or Order Filing 175 MOTION for Sanctions under 28 U.S.C. 1927 by Steven Novella. (Attachments: #1 Exhibit, #2 Exhibit)(Randazza, Marc)
May 12, 2015 Opinion or Order Filing 174 NOTICE of Good Faith Conference With S.D. Fla. L.R. 7.1(a)(3) by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re #173 MOTION to Amend/Correct #55 Amended Complaint filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC, The Institute of Neurological Recovery (Cahen, Geoffrey) Modified text on 5/14/2015 (jua).
May 11, 2015 Opinion or Order Filing 173 MOTION for Leave to File Second Amended Complaint re #55 Amended Complaint by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 5/29/2015 (Attachments: #1 Exhibit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Cahen, Geoffrey) Modified text on 5/12/2015 (jua).
April 2, 2015 Opinion or Order Filing 172 MEMORANDUM OPINION AND ORDER on #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC. The Motion is DENIED. Signed by Judge Robin L. Rosenberg on 4/2/2015. (cgn)
April 2, 2015 Opinion or Order Filing 171 ENDORSED ORDER granting #170 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Clerk shall provide electronic notification of all electronic filings to Theresa M. Haar, co-counsel for Defendant Steven Novella, at tmh@randazza.com. Signed by U.S. Magistrate Judge Dave Lee Brannon on 4/2/2015. (js00)
March 31, 2015 Opinion or Order Filing 169 PAPERLESS MINUTE ORDER for proceedings held before Judge Robin L. Rosenberg. Evidentiary Hearing held on 3/31/2015, Day 2. Appearances: Plaintiff: Jarod Bona, Esq., Aaron Gott, Esq., Geoffrey Cahen, Esq.; Defendant: Marc Randazza, Esq. Theresa Barr, Esq. Witnesses: Dr. Edward Tobinick and Dr. Steven Novella (sworn and testified).Closing arguments presented to the Court. Court Denies DE #6 Motion for Preliminary Injunction for the reasons stated on the record, detailed order to follow. Motions terminated: #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (sjn)
March 30, 2015 Opinion or Order Filing 170 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Theresa M. Haar. Filing Fee $ 75.00. Receipt # 3685. (ksa)
March 30, 2015 Opinion or Order Filing 168 PAPERLESS MINUTE ENTRY for Motion Hearing held on 3/30/2015, Day 1 re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC.Appearances: Plaintiff: Jarod Bona, Esq., Aaron Gott, Esq., Geoffrey Cahen, Esq.; Defendant: Marc Randazza, Esq. Theresa Barr, Esq. Witnesses: Vivian Topp, Dr. Steven Best, Dr. Tracy Ignatowski, Dr. Edward Tobinick (sworn and testified). Motion Hearing as to #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law will resume tomorrow Tuesday 3/31/2015 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (sjn)
March 26, 2015 Opinion or Order Filing 167 PAPERLESS ORDER denying without prejudice Defendant Novella's #164 MOTION in Limine to Exclude Expert Witnesses. The Court is mindful of the legal principles governing the admissibility of expert testimony under Fed. R. Civ. P. 702. Defendant Novella can argue his position with respect to the admissibility of expert testimony to the Court at the time of the hearing, without any prejudice that otherwise may exist if this case was tried before a jury. The Court may determine that such objections may be better presented through cross-examination of the witnesses rather than exclusion of the witnesses and/or expert opinions. At the hearing, the Court will determine what weight to give the testimony, including but not limited to determining whether the testimony should be considered that of a fact witness or an expert witness. To the extent the Court allows the witnesses to testify as experts, the Court will consider all argument of counsel regarding the admissibility of any expert testimony and/or opinions of expert witnesses at that time as well. Signed by Judge Robin L. Rosenberg on 3/26/2015. (cgn)
March 26, 2015 Opinion or Order Filing 166 PAPERLESS ORDER denying Defendant Novella's #159 MOTION for Leave to File Rebuttal Report and granting Plaintiffs' #160 MOTION to Exclude Testimony of Defendant Novella's Expert Witnesses. The Court's prior #128 Order was clear and unambiguous and did not provide for rebuttal experts. Thus, Dr. Page cannot testify at the hearing. Additionally, and as Defendant Novella has conceded, he failed to comply with the deadlines associated with expert witnesses, such that none of his witnesses may testify as experts at the hearing. Signed by Judge Robin L. Rosenberg on 3/26/2015. (cgn)
March 25, 2015 Opinion or Order Filing 165 REPLY in Support re #159 MOTION for Leave to File Rebuttal Report filed by Steven Novella. (Randazza, Marc) Modified text on 3/26/2015 (jua).
March 25, 2015 Opinion or Order Filing 164 MOTION in Limine to Exclude Expert Witnesses by Steven Novella. (Randazza, Marc)
March 25, 2015 Opinion or Order Filing 163 RESPONSE in Opposition re #160 MOTION in Limine to Exclude Testimony of Defendant Novella's Expert Witnesses filed by Steven Novella. Replies due by 4/6/2015. (Randazza, Marc)
March 25, 2015 Opinion or Order Filing 162 RESPONSE in Opposition re #159 MOTION for Leave to File Rebuttal Report filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. Replies due by 4/6/2015. (Attachments: #1 Exhibit A)(Cahen, Geoffrey)
March 25, 2015 Opinion or Order Filing 161 NOTICE by Steven Novella re #159 MOTION for Leave to File Rebuttal Report Notice of Correction (Randazza, Marc)
March 24, 2015 Opinion or Order Filing 160 MOTION to Exclude Testimony of Defendant Novella's Expert Witnesses by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Cahen, Geoffrey) Modified text on 3/25/2015 (jua).
March 24, 2015 Opinion or Order Filing 159 MOTION for Leave to File Rebuttal Report by Steven Novella. (Attachments: #1 Exhibit)(Randazza, Marc)
March 18, 2015 Opinion or Order Filing 158 ENDORSED ORDER granting #156 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Clerk shall provide electronic notification of all electronic filings to Aaron R. Gott, co-counsel for Plaintiffs, at aaron.gott@bonalawpc.com. Signed by U.S. Magistrate Judge Dave Lee Brannon on 3/18/2015. (js00)
March 16, 2015 Opinion or Order Filing 157 ORDER granting in part #74 Converted Motion for Summary Judgment. The Clerk of Court is Directed to Terminate the Society for Science-Based Medicine, Inc. from the Instant Suit. Signed by Judge Robin L. Rosenberg on 3/16/2015. (jua)
March 12, 2015 Opinion or Order Filing 156 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron R. Gott. Filing Fee $ 75.00. Receipt # 75.00. (ksa)
March 11, 2015 Opinion or Order Filing 155 PAPERLESS ORDER. In anticipation of the hearing scheduled for March 30-31, 2015, on #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief, the parties are required to submit proposed findings of fact and conclusions of law to the court. They should be emailed in Word format to Rosenberg@flsd.uscourts.gov no later than noon on Friday, March 27, 2015. Signed by Judge Robin L. Rosenberg on 3/11/2015. (cgn)
March 10, 2015 Opinion or Order Filing 154 FINAL MEDIATION REPORT by Sanford Bohrer. Disposition: Case did not settle.(Bohrer, Sanford)
March 6, 2015 Opinion or Order Filing 153 FINAL MEDIATION REPORT by Sanford Lewis Bohrer, Esq. Disposition: Case did not settle.(Cahen, Geoffrey)
March 5, 2015 Opinion or Order Filing 152 ORDER granting in part and denying in part #151 Motion to Continue Hearing on #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC. Motion Hearing reset for 3/30/2015 09:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 3/5/2015. (cgn)
March 4, 2015 Opinion or Order Filing 151 MOTION to Continue Hearing by Steven Novella. Responses due by 3/23/2015 (Randazza, Marc)
February 26, 2015 Opinion or Order Filing 150 ENDORSED ORDER granting #149 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Clerk shall provide electronic notification of all electronic filings to Jarod Bona, co-counsel for Plaintiff, at jarod.bona@bonalawpc.com. Signed by U.S. Magistrate Judge Dave Lee Brannon on 2/26/2015. (js00)
February 26, 2015 Opinion or Order Filing 149 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jarod Bona. Filing Fee $ 75.00. Receipt # 3406. (ksa)
February 24, 2015 Opinion or Order Attorney Mark R. Osherow; Andrew H. Marks and Daniel A. Miller terminated per DE #148 . (jua)
February 24, 2015 Opinion or Order Filing 148 STIPULATION for Substitution of Counsel by Edward Lewis Tobinick, MD (Cahen, Geoffrey)
February 20, 2015 Opinion or Order Filing 147 Initial Disclosure(s) of Witnesses for Hearing on Plaintiff's Motion for Preliminary Injunction Supplemental Disclosures by Steven Novella (Attachments: #1 Exhibit)(Randazza, Marc)
February 12, 2015 Opinion or Order Filing 146 ORDER Setting Hearing on Motion #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law : Motion Hearing set for 3/23/2015 09:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Two (2) days are allotted for the hearing. Signed by Judge Robin L. Rosenberg on 2/12/2015. (cgn)
February 10, 2015 Opinion or Order Filing 145 Initial Disclosure(s) of Amended Witness Disclosure Re: #131 Initial Disclosure(s), filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC, The Institute of Neurological Recovery by INR PLLC, The Institute of Neurological Recovery, Edward Lewis Tobinick, MD, Edward Tobinick (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Osherow, Mark)
February 6, 2015 Opinion or Order Filing 144 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick of Clarification Regarding Plaintiffs' Argument at February 6, 2015 Hearing on Defendant, Society for Science-Based Medicine, Inc.'s Converted Motion for Summary Judgment (DE 74) (Miller, Daniel)
February 6, 2015 Opinion or Order Filing 143 PAPERLESS ORDER amending the Court's #128 SCHEDULING ORDER re: hearing on #6 Plaintiffs' Verified Motion for Temporary and Preliminary Injunctive Relief. The mediation deadline, which was previously set as April 1, 2015, shall now be March 18, 2015. Signed by Judge Robin L. Rosenberg on 2/6/2015. (cgn)
February 6, 2015 Opinion or Order Filing 142 PAPERLESS MINUTE ENTRY for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 2/6/2015 re #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement filed by Society for Science-Based Medicine, Inc. Appearances: All counsel of record. Order to file. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (sjn)
February 6, 2015 Opinion or Order Filing 141 Clerks Notice to Filer re #137 Supplemental MOTION TO DISMISS #90 Reply to Response to Motion, #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement FOR FAILURE TO STA. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#140]. It is not necessary to refile this document. (jua)
February 5, 2015 Opinion or Order Filing 140 SUPPLEMENTAL MEMORANDUM in Support of #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement by Society for Science-Based Medicine, Inc. (See DE #137 for image)(jua)
February 5, 2015 Opinion or Order Filing 139 RESPONSE/REPLY to #24 Statement, of Undisputed Facts by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Osherow, Mark)
February 5, 2015 Opinion or Order Filing 138 NOTICE of Filing Affidavit of Mark Crislip by Society for Science-Based Medicine, Inc. re #137 Supplemental MOTION TO DISMISS #90 Reply to Response to Motion, #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement FOR FAILURE TO STA, #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement (Attachments: #1 Affidavit of Mark Crislip, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Polk, Edward) Modified text on 2/6/2015 (jua).
February 5, 2015 Opinion or Order Filing 137 Supplemental MOTION TO DISMISS #90 Reply to Response to Motion, #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement FOR FAILURE TO STATE A CLAIM and, MOTION for Summary Judgment by Society for Science-Based Medicine, Inc.. Responses due by 2/23/2015 (Polk, Edward)
February 5, 2015 Opinion or Order Filing 136 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re #120 Order, of Filing Supplemental Affidavit (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit) (Osherow, Mark)
February 5, 2015 Opinion or Order Filing 135 NOTICE by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re #120 Order, of Filing Supplemental Authority (Attachments: #1 Exhibit) (Osherow, Mark)
February 5, 2015 Opinion or Order Filing 134 Initial Disclosure(s) of Witnesses for Hearing on Plaintiff's Motion for Preliminary Injunction by Steven Novella (Randazza, Marc)
February 4, 2015 Opinion or Order Filing 133 Witness List for Hearing on Plaintiff's Motion for Preliminary Injunction by Society for Science-Based Medicine, Inc... (Polk, Edward)
February 4, 2015 Opinion or Order Filing 132 STIPULATION re #128 Order Regarding Injunction Hearing by INR PLLC, The Institute of Neurological Recovery, Edward Lewis Tobinick, MD, Edward Tobinick (Osherow, Mark)
February 4, 2015 Opinion or Order Filing 131 Initial Disclosure(s) of Witness Disclosure for Hearing on Re: #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC by INR PLLC, The Institute of Neurological Recovery, Edward Lewis Tobinick, MD, Edward Tobinick (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Osherow, Mark)
February 3, 2015 Opinion or Order Filing 130 NOTICE of Filing January 30, 2015 Notice Letter in Further Opposition to Motion to Dismiss Amended Complaint by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick re #120 Order, (Attachments: #1 Exhibit) (Osherow, Mark) Modified text on 2/4/2015 (jua).
January 29, 2015 Opinion or Order Filing 129 PAPERLESS ORDER granting #62 Motion for Hearing. A hearing on #6 Plaintiffs' Verified Motion for Temporary and Preliminary Injunctive Relief will be set in accordance with the Court's #128 Scheduling Order. Signed by Judge Robin L. Rosenberg on 1/29/2015. (cgn)
January 29, 2015 Opinion or Order Filing 128 SCHEDULING ORDER re: hearing on #6 Plaintiffs' Verified Motion for Temporary and Preliminary Injunctive Relief. Signed by Judge Robin L. Rosenberg on 1/29/2015. (cgn)
January 28, 2015 Opinion or Order Filing 127 PAPERLESS MINUTE ENTRY for proceedings held before Judge Robin L. Rosenberg: Status Conference held on 1/28/2015. Appearances: Plaintiff:Dan Miller, Esq; Mark Osherow, Esq; Dr. Tobinick. Defense: Marc Randazza, Esq. and Edward Polk, Esq. (Telephonic), Motion for hearing on Preliminary Injunction Granted. Order setting hearing to follow. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (mno)
January 28, 2015 Opinion or Order Filing 126 ORDER of substitution of counsel for Plaintiffs. Signed by Judge Robin L. Rosenberg on 1/28/2015. (cgn)
January 27, 2015 Opinion or Order Filing 125 NOTICE by Society for Science-Based Medicine, Inc. Telephonic Appearance (Polk, Edward)
January 26, 2015 Opinion or Order Filing 124 STIPULATION for Substitution of Counsel for the Plaintiffs by The Institute of Neurological Recovery, Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC (Miller, Daniel)
January 26, 2015 Opinion or Order Filing 123 NOTICE by Steven Novella re #121 Order Setting Hearing on Motion Notice of Telephonic Appearance (Randazza, Marc)
January 26, 2015 Opinion or Order Filing 122 NOTICE by Steven Novella re #118 Order Setting Status Conference Notice of Telephonic Appearance (Randazza, Marc)
January 26, 2015 Opinion or Order Filing 121 ORDER Setting Hearing on Motion #74 Motion for Summary Judgment: Motion Hearing set for 2/6/2015 08:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 1/26/2015. (cgn)
January 26, 2015 Opinion or Order Filing 120 ORDER converting #74 Defendant Society for Science-Based Medicine, Inc.s Motion to Dismiss Amended Complaint, for More Definite Statement, or for Summary Judgment to a Motion for Summary Judgment. Signed by Judge Robin L. Rosenberg on 1/26/2015. (cgn)
January 26, 2015 Opinion or Order Filing 119 NOTICE by Edward Lewis Tobinick, MD, The Institute of Neurological Recovery, Edward Tobinick re #118 Order Setting Status Conference Notice of Telephonic Attendance (Cocalis, Reid)
January 23, 2015 Opinion or Order Filing 118 ORDER Setting Status Conference: Telephonic Status Conference set for 1/28/2015 01:00 PM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 1/23/2015. (cgn)
January 23, 2015 Opinion or Order Filing 117 ORDER granting in part and denying in part #65 Motion to Dismiss. Signed by Judge Robin L. Rosenberg on 1/23/2015. (cgn)
January 23, 2015 Opinion or Order Filing 116 Order Vacating #63 Order Referring Motion, #67 Order Referring Motion. Signed by Judge Robin L. Rosenberg on 1/23/2015. (jua)
December 30, 2014 Opinion or Order Filing 115 ORDER denying #95 Motion for Reconsideration. Signed by Judge Robin L. Rosenberg on 12/30/2014. (cgn)
December 12, 2014 Opinion or Order Filing 114 Notice of Supplemental Authority re #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement by Society for Science-Based Medicine, Inc. (Attachments: #1 Exhibit Case law) (Polk, Edward)
November 20, 2014 Opinion or Order Filing 113 PAPERLESS MINUTE ENTRY for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 11/20/2014 re #93 Motion to Strike filed by Steven Novella. APPEARANCES: Marc Randazza; Reid Cocalis; Darren Spielman; Edward Polk (telephonic). Order to Follow Court Reporter: Karl Shires, 561-514-3728 / Karl_Shires@flsd.uscourts.gov (mno)
November 18, 2014 Opinion or Order Filing 112 NOTICE of Telephonic Appearance by Society for Science-Based Medicine, Inc. re #108 Order on Motion for Hearing, (Polk, Edward) Modified text on 11/19/2014 (jua).
November 12, 2014 Opinion or Order Filing 111 ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 11/12/2014. (sa)
November 12, 2014 Opinion or Order Filing 110 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 5/11/2015. Discovery due by 8/3/2015. Joinder of Parties due by 5/11/2015. Motions due by 8/17/2015. Pretrial Stipulation due by 9/28/2015. Signed by Magistrate Judge Dave Lee Brannon on 11/12/2014. (sa)
November 7, 2014 Opinion or Order Filing 109 Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 11/7/2014. Peter Herman and Reid Cocalis present for Plaintiffs. Marc Randazza, Edward Polk, and Daren Spielman present for Defendants. The Court will enter pretrial scheduling and mediation orders. (Digital/Time in Court: 16:31:42 / 8 mins.) (js00)
October 29, 2014 Opinion or Order Filing 108 ORDER granting in part Defendant Novella's #97 Motion for Hearing on his #93 Special Motion to Strike (Anti-SLAPP Motion) and setting hearing for November 20, 2014. Signed by Judge Robin L. Rosenberg on 10/28/2014. (cgn) Modified to show that the motion was granted in part on 10/29/2014 (jua).
October 29, 2014 Opinion or Order Set Hearing per DE #108 as to #93 SPECIAL MOTION to Strike Anti-SLAPP MOTION. Motion Hearing set for 11/20/2014 08:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. (jua)
October 27, 2014 Opinion or Order Filing 107 ENDORSED ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 4:30 P.M. on Friday, November 7, 2014. At least 48 hours before the conference, Plaintiff's counsel shall provide the Court (brannon@flsd.uscourts.gov), and opposing counsel with a dial-in conference call number. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. The parties must be prepared at their assigned time but may have to wait 15 minutes before their conference begins, as the Court sets two cases per 30-minute time slot. Signed by U.S. Magistrate Judge Dave Lee Brannon on 10/27/2014. (js00)
October 24, 2014 Opinion or Order Filing 106 REPLY to Response to Motion re #93 Motion to Strike Reply in Support of Anti-SLAPP Motion filed by Steven Novella. (Randazza, Marc)
October 16, 2014 Opinion or Order Filing 105 RESPONSE in Opposition re #93 Motion to Strike (Anti-SLAPP Motion) filed by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Attachments: #1 Affidavit A -Dr. Tobinick, #2 Exhibit 1- Tobinick CV, #3 Exhibit 2- 05/8/13 Article Embrel for Stroke, #4 Exhibit 3- 05/17/13 Corresp to Novella, #5 Exhibit 4 Journal Article, #6 Exhibit 5 Journal Article, #7 Exhibit 6 Journal Article, #8 Exhibit 7 Journal Article, #9 Exhibit 8 Journal Article, #10 Exhibit 9 Journal Article, #11 Exhibit 10 Journal Article, #12 Exhibit 11 Journal Article, #13 Exhibit 12 Journal Article, #14 Errata 13 Journal Article, #15 Exhibit 14 Journal Article, #16 Exhibit 15 Journal Article, #17 Exhibit 16 Journal Article, #18 Exhibit 17 Journal Article, #19 Exhibit 18 Journal Article, #20 Exhibit 19 Journal Article, #21 Exhibit 20Journal Article, #22 Exhibit 21 Journal Article, #23 Exhibit 22 - Journal Article, #24 Exhibit 23 - Journal Article, #25 Exhibit 24 - Journal Article, #26 Exhibit 25 - Journal Article, #27 Exhibit 26 - Journal Article, #28 Exhibit 27 - Journal Article, #29 Exhibit 28 - Journal Article, #30 Exhibit 29 - Journal Article, #31 Exhibit 30 - Journal Article, #32 Exhibit 31 - Journal Article, #33 Exhibit 32 - South Hampton news release, #34 Exhibit 33 - Holmes presentation, #35 Exhibit 34 - Novella Blog "Another lawsuit to suppress legitiate criticism, #36 Exhibit 35 - Tripp Scott letter, #37 Exhibit 36 - Skeptics guide blog 472, #38 Exhibit 37 - SGU blog 472, #39 Exhibit 38 - LA Times Article, #40 Exhibit 39 - Ken Chaite Letter, #41 Exhibit 40 - clinical trial.gov, #42 Exhibit 41- clinical trial.gov, #43 Exhibit 42- Daily Mail online article, #44 Exhibit 43-Novella Declaration, #45 Exhibit 44- Osinoff Letter, #46 Exhibit 45-Stipulated Settlement, #47 Exhibit 46 -Web page, #48 Exhibit B-Sunbiz Page)(Cocalis, Reid)
October 16, 2014 Opinion or Order Filing 104 ORDER granting #102 Joint Motion to Strike DE 100 and DE 101 and Joint Motion for Extension of Time to Respond to #93 SPECIAL MOTION to Strike Anti-SLAPP MOTION ( Responses due by 10/16/2014). Clerk's Office is Directed to Terminate #100 Motion for Extension of Time. Signed by Judge Robin L. Rosenberg on 10/16/2014. (jua)
October 15, 2014 Opinion or Order Filing 103 Clerks Notice to Filer re #102 Joint MOTION for Extension of Time To File Response re #93 Motion to Strike. 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. (jua)
October 14, 2014 Opinion or Order Filing 102 JOINT MOTION to Strike DE #100 and DE #101 and JOINT MOTION for Extension of Time To File Response re #93 Motion to Strike by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 10/31/2014 (Attachments: #1 Text of Proposed Order)(Brown, Alexander). Added MOTION to Strike on 10/15/2014 (jua).
October 13, 2014 Opinion or Order Filing 101 RESPONSE in Opposition re #100 Plaintiff's MOTION for Extension of Time Seven (7) Day Partially Unopposed re #93 Motion to Strike filed by Steven Novella. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Randazza, Marc)
October 13, 2014 Opinion or Order Filing 100 Plaintiff's MOTION for Extension of Time Seven (7) Day Partially Unopposed re #93 Motion to Strike by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Responses due by 10/30/2014 (Attachments: #1 Text of Proposed Order)(Brown, Alexander)
October 10, 2014 Opinion or Order Filing 99 REPLY to Response to Motion re #95 Plaintiff's MOTION for Reconsideration re #91 Order on Motion to Dismiss/Lack of Jurisdiction filed by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Replies due by 10/20/2014. (Brown, Alexander) Modified text on 10/10/2014 (jua).
October 9, 2014 Opinion or Order Filing 98 NOTICE of Attorney Appearance by Reid Alexander Cocalis on behalf of Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. Attorney Reid Alexander Cocalis added to party Edward Lewis Tobinick, MD(pty:pla), Attorney Reid Alexander Cocalis added to party INR PLLC(pty:pla), Attorney Reid Alexander Cocalis added to party The Institute of Neurological Recovery(pty:pla), Attorney Reid Alexander Cocalis added to party Edward Tobinick(pty:pla). (Cocalis, Reid)
October 7, 2014 Opinion or Order Filing 97 Defendant's MOTION for Hearing re #93 Motion to Strike Anti-SLAPP Motion by Steven Novella. (Randazza, Marc)
October 7, 2014 Opinion or Order Filing 96 RESPONSE in Opposition re #95 Plaintiff's MOTION for Reconsideration re #91 Order on Motion to Dismiss/Lack of Jurisdiction filed by SGU Productions, LLC. (Spielman, Darren)
October 6, 2014 Opinion or Order Filing 95 Plaintiff's MOTION for Reconsideration re #91 Order on Motion to Dismiss/Lack of Jurisdiction by Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery, Edward Tobinick. (Brown, Alexander)
October 1, 2014 Opinion or Order Filing 94 Clerks Notice to Filer re #93 Defendant's MOTION for Summary Judgment Anti-SLAPP. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (jua)
September 30, 2014 Opinion or Order Filing 93 SPECIAL MOTION to Strike Anti-SLAPP MOTION by Steven Novella. Responses due by 10/17/2014 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Randazza, Marc) Modified relief on 10/1/2014 (jua).
September 25, 2014 Opinion or Order Filing 92 ORDER granting #66 Motion to Dismiss. Plaintiffs' Complaint is Dismissed as to Defendant Yale University. Signed by Judge Robin L. Rosenberg on 9/25/2014. (jua)
September 25, 2014 Opinion or Order Filing 91 ORDER granting #59 Motion to Dismiss. Plaintiffs' Complaint is Dismissed as to Defendant SGU Productions. Signed by Judge Robin L. Rosenberg on 9/25/2014. (jua)
September 18, 2014 Opinion or Order Filing 90 REPLY to Plaintiff's Oppositon to re #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement filed by Society for Science-Based Medicine, Inc.. (Polk, Edward) Modified text on 9/19/2014 (yar).
September 15, 2014 Opinion or Order Set Deadline per DE 89 as to #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement . Replies due by 9/18/2014. (jua)
September 15, 2014 Opinion or Order Filing 89 PAPERLESS ORDER granting #88 Motion for Extension of Time to File Response/Reply. Defendant's time to file a reply in support of its Motion to Dismiss #55 is extended by 3 days to September 18, 2014. Signed by Judge Robin L. Rosenberg on 9/15/2014. (bkd)
September 15, 2014 Opinion or Order Filing 88 MOTION for Extension of Time to File Response/Reply as to #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement , #82 Statement, #81 Response in Opposition to Motion, by Society for Science-Based Medicine, Inc.. (Polk, Edward)
September 8, 2014 Opinion or Order Filing 87 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 9/8/2014. (sa)
September 8, 2014 Opinion or Order Filing 86 REPLY to Response to Motion re #66 MOTION to Dismiss #55 Amended Complaint Pursuant to Rule 12(b)(2) and Supporting Memorandum of Law filed by Yale University. (Freedman, Kimberly)
September 5, 2014 Opinion or Order Filing 85 NOTICE of Striking #83 Reply to Response to Motion filed by Steven Novella by Steven Novella (Randazza, Marc)
September 5, 2014 Opinion or Order Filing 84 REPLY to Response to Motion re #65 Defendant's MOTION to Dismiss #55 Amended Complaint Errata - Reply in Support of Motion to Dismiss filed by Steven Novella. (Randazza, Marc)
September 5, 2014 Opinion or Order Filing 83 STRICKEN - REPLY to Response to Motion re #65 Defendant's MOTION to Dismiss #55 Amended Complaint Reply in Support of Defendant's Motion to Dismiss filed by Steven Novella. (Randazza, Marc) Modified to show that this document has been stricken per DE #85 on 9/8/2014 (jua).
September 4, 2014 Opinion or Order Filing 82 Statement of: Undisputed Facts in Opposition to SMG's Motion to Dismiss or for Summary Judgment by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick re #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement (Brown, Alexander)
September 4, 2014 Opinion or Order Filing 81 RESPONSE in Opposition re #74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit Affidavit of Edward Tobinick, MD)(Brown, Alexander)
September 2, 2014 Opinion or Order Filing 80 REPLY to Response to Motion re #59 MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint filed by SGU Productions, LLC. (Spielman, Darren)
August 29, 2014 Opinion or Order Filing 79 ORDER Setting Calendar Call and Trial Date: ( Trial set for 10/26/2015 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Status Conference/Calendar Call set for 10/21/2015 09:00 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Matters and Pretrial Discovery Matters. Signed by Judge Robin L. Rosenberg on 8/28/2014. (jua)
August 28, 2014 Opinion or Order Filing 78 RESPONSE in Opposition re #66 MOTION to Dismiss #55 Amended Complaint Pursuant to Rule 12(b)(2) and Supporting Memorandum of Law filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit A - Affidavit of Edward Tobinick, MD)(Brown, Alexander)
August 25, 2014 Opinion or Order Filing 77 RESPONSE in Opposition re #65 Defendant's MOTION to Dismiss #55 Amended Complaint filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit A - Affidavit of Edward Tobinick, MD)(Brown, Alexander)
August 22, 2014 Opinion or Order Filing 76 RESPONSE in Opposition re #59 MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit A - Affidavit of Edward Tobinick, MD)(Brown, Alexander)
August 20, 2014 Opinion or Order Filing 75 NOTICE of Mediator Selection: Sanford Lewis Bohrer selected.(Fasulo, Salvatore)
August 18, 2014 Opinion or Order Filing 74 MOTION TO DISMISS #55 Amended Complaint FOR FAILURE TO STATE A CLAIM , MOTION for Summary Judgment , MOTION for More Definite Statement by Society for Science-Based Medicine, Inc.. Responses due by 9/5/2014 (Attachments: #1 Affidavit Affidavit of Jann Bellamy, #2 Exhibit Sunbiz report, #3 Exhibit Statement of Undisputed Facts)(Polk, Edward)
August 18, 2014 Opinion or Order Filing 73 REPLY to Response to Motion re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Fasulo, Salvatore)
August 15, 2014 Opinion or Order Filing 72 RESPONSE to Motion re #62 Plaintiff's MOTION for Hearing re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Yale University. Replies due by 8/25/2014. (Freedman, Kimberly)
August 15, 2014 Opinion or Order Filing 71 RESPONSE/REPLY to #64 Reply to Response to Motion (Sur-Reply) by Yale University. (Freedman, Kimberly)
August 15, 2014 Opinion or Order Filing 70 ENDORSED ORDER: Being fully advised in the premises, the Court GRANTS Defendant Yale University's unopposed Motion for Leave to File a Sur-Reply to Plaintiffs' Reply in Support of Their Motion for Temporary and Preliminary Injunctive Relief #68 . Defendant shall separately file and serve its Sur-Reply to Plaintiffs' Reply forthwith. Signed by U.S. Magistrate Judge Dave Lee Brannon on 8/15/2014. (js00)
August 15, 2014 Opinion or Order Filing 69 REPLY to Response to Motion re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Brown, Alexander)
August 15, 2014 Opinion or Order Filing 68 Unopposed MOTION for Leave to File Sur-Reply to Plaintiffs' Reply in Support of Their Motion for Temporary and Preliminary Injunctive Relief by Yale University. (Attachments: #1 Exhibit Sur-Reply)(Freedman, Kimberly)
August 14, 2014 Opinion or Order Filing 67 VACATED - ORDER REFERRING #62 Plaintiff's MOTION for Preliminary Hearing re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC. Motion referred to Judge Dave Lee Brannon. Signed by Judge Robin L. Rosenberg on 8/14/2014. (jua) Modified to show that this order has been vacated per DE #116 on 1/23/2015 (jua).
August 13, 2014 Opinion or Order Filing 66 MOTION to Dismiss #55 Amended Complaint Pursuant to Rule 12(b)(2) and Supporting Memorandum of Law by Yale University. Responses due by 9/2/2014 (Attachments: #1 Exhibit A (Florin Declaration), #2 Exhibit B (Google Maps))(Freedman, Kimberly)
August 11, 2014 Opinion or Order Filing 65 Defendant's MOTION to Dismiss #55 Amended Complaint by Steven Novella. Responses due by 8/28/2014 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Randazza, Marc)
August 11, 2014 Opinion or Order Filing 64 REPLY in Support of re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Fasulo, Salvatore) Modified text on 9/19/2014 (yar).
August 8, 2014 Opinion or Order Filing 63 VACATED - ORDER OF REFERENCE; Referring #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, Edward Tobinick, INR PLLC; #6 Motion referred to Magistrate Judge Dave Lee Brannon. Signed by Judge Robin L. Rosenberg on 8/8/2014. (ral) Modified to show that this order has been vacated per DE #116 on 1/23/2015 (jua).
August 8, 2014 Opinion or Order Filing 62 Plaintiff's MOTION for Hearing re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Fasulo, Salvatore)
August 8, 2014 Opinion or Order Filing 61 REPLY to Response to Motion re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit 1)(Fasulo, Salvatore)
August 8, 2014 Opinion or Order Filing 60 RESPONSE in Opposition re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by SGU Productions, LLC. (Spielman, Darren)
August 8, 2014 Opinion or Order Filing 59 MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint by SGU Productions, LLC. Responses due by 8/25/2014 (Attachments: #1 Exhibit A: (Declaration for SGU Productions, LLC))(Spielman, Darren)
August 5, 2014 Opinion or Order Filing 58 ORDER REASSIGNING CASE to Judge Robin L. Rosenberg for all further proceedings, Judge William J. Zloch no longer assigned to case Signed by Judge William J. Zloch on 8/5/2014. (mb)
August 5, 2014 Opinion or Order Filing 57 Initial Disclosure(s) of Rule 26 Disclosures by Society for Science-Based Medicine, Inc. (Polk, Edward)
August 4, 2014 Opinion or Order Filing 56 PAPERLESS ORDER denying as moot #23 , #34 , #36 and #48 Motions to Dismiss per Plaintiffs' First Amended Complaint #55 . Signed by Judge William J. Zloch on 8/4/2014. (bc)
August 1, 2014 Opinion or Order Filing 55 First AMENDED COMPLAINT against All Defendants, filed by Edward Tobinick, Edward Lewis Tobinick, MD, INR PLLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Fasulo, Salvatore)
July 31, 2014 Opinion or Order Filing 54 Order on Trial Instructions. Signed by Judge William J. Zloch on 7/31/2014. (bc)
July 31, 2014 Opinion or Order Filing 53 ORDER REFERRING CASE to Mediation. Signed by Judge William J. Zloch on 7/31/2014. (bc)
July 31, 2014 Opinion or Order Filing 52 ORDER for Pre-Trial Conference. Pretrial Conference set for 7/31/2015 at 9:30 AM in Fort Lauderdale Division before Judge William J. Zloch. Pretrial Stipulation due by Noon, 7/17/2015. Signed by Judge William J. Zloch on 7/31/2014. (bc)
July 31, 2014 Opinion or Order Filing 51 PAPERLESS ORDER granting #43 and #44 Motions to Appear Pro Hac Vice. Attorneys John M. Doroghazi and Jeffrey R. Babbin are permitted to appear on behalf of Defendant Yale University. Signed by Judge William J. Zloch on 7/31/2014. (bc)
July 30, 2014 Opinion or Order Reset Deadline per DE 50 as to #23 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement MOTION for Summary Judgment . Responses due by 8/15/2014. (jua)
July 30, 2014 Opinion or Order Filing 50 PAPERLESS ORDER granting #42 Motion for Extension of Time to File Response/Reply. Plaintiffs have until noon on Friday, 8/15/14 to file their Response to Defendant Society for Science-Based Medicine, Inc.'s Motion To Dismiss (DE #23 ). Signed by Judge William J. Zloch on 7/30/2014. (wjz3)
July 30, 2014 Opinion or Order Filing 49 RESPONSE to Motion re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Yale University. Replies due by 8/11/2014. (Freedman, Kimberly)
July 30, 2014 Opinion or Order Filing 48 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, ( Responses due by 8/18/2014) by SGU Productions, LLC. (Attachments: #1 Exhibit A: (Declaration for SGU Productions, LLC))(Spielman, Darren)
July 29, 2014 Opinion or Order Filing 47 RESPONSE in Opposition re #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law filed by Society for Science-Based Medicine, Inc.. (Polk, Edward)
July 29, 2014 Opinion or Order Filing 46 JOINT SCHEDULING REPORT - Rule 16.1 by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick (Brown, Alexander) Modified text on 7/29/2014 (jua).
July 29, 2014 Opinion or Order Filing 45 Clerks Notice to Filer re #42 MOTION for Extension of Time to File Response/Reply to Society for Science-Based Medicine, Inc's Motion to Dismiss. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (jua)
July 28, 2014 Opinion or Order Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey R. Babbin. Filing Fee $ 75.00. Receipt # 83538. (ksa)
July 28, 2014 Opinion or Order Filing 43 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John M. Doroghazi. Filing Fee $ 75.00. Receipt # 83539. (ksa)
July 28, 2014 Opinion or Order Filing 42 MOTION for Extension of Time to File Response to #23 Society for Science-Based Medicine, Inc's Motion to Dismiss by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Text of Proposed Order)(Fasulo, Salvatore) Modified to add link on 7/29/2014 (jua).
July 25, 2014 Opinion or Order Filing 41 PAPERLESS ORDER granting #38 Motion for Extension of Time to Respond to Complaint. Defendant SGU Productions, LLC shall file its response to Plaintiffs' Complaint by Noon, Wednesday, 7/30/2014. Signed by Judge William J. Zloch on 7/25/2014. (bc)
July 25, 2014 Opinion or Order Filing 40 PAPERLESS ORDER granting #39 Motion for Extension of Time to File Reply. Plaintiffs shall file their Reply to Defendant's Opposition to Plaintiffs' Motion for Temporary and Preliminary Injunction Relief #26 by Noon, Friday, 8/15/2014. Signed by Judge William J. Zloch on 7/25/2014. (bc)
July 24, 2014 Opinion or Order Filing 39 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #26 Response/Reply (Other), by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Text of Proposed Order)(Fasulo, Salvatore)
July 23, 2014 Opinion or Order Filing 38 MOTION for Extension of Time to File Answer RE: Complaints re #1 Complaint, by SGU Productions, LLC. (Attachments: #1 Text of Proposed Order)(Spielman, Darren)
July 23, 2014 Opinion or Order Filing 37 NOTICE of Attorney Appearance by Darren Joel Spielman on behalf of SGU Productions, LLC. Attorney Darren Joel Spielman added to party SGU Productions, LLC(pty:dft). (Spielman, Darren)
July 23, 2014 Opinion or Order Filing 36 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and Improper Venue by Steven Novella. Responses due by 8/11/2014 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Randazza, Marc)
July 18, 2014 Opinion or Order Filing 35 NOTICE of Attorney Appearance by Kimberly Jordan Freedman on behalf of Yale University. Attorney Kimberly Jordan Freedman added to party Yale University(pty:dft). (Freedman, Kimberly)
July 18, 2014 Opinion or Order Filing 34 MOTION to Dismiss #1 Complaint, Pursuant to Rule 12(b)(2) and Supporting Memorandum of Law by Yale University. Attorney Andrew H. Marks added to party Yale University(pty:dft). Responses due by 8/4/2014 (Attachments: #1 Exhibit A (Declaration of David Florin), #2 Exhibit B (Google Maps Printout))(Marks, Andrew)
July 18, 2014 Opinion or Order Filing 33 Corporate Disclosure Statement by Yale University (Marks, Andrew)
July 16, 2014 Opinion or Order Filing 32 PAPERLESS ORDER granting Defendant Dr. Steven Novella's Motion For Extension Of Time To Respond To Complaint [DE 31]. Defendant Dr. Steven Novella shall have until on or before noon on July 23, 2014, to file an Answer or other responsive pleading. Signed by Judge William J. Zloch on 7/16/2014. (ary)
July 16, 2014 Opinion or Order Filing 31 Defendant's MOTION for Extension of Time to File Answer RE: Complaints re #1 Complaint, by Steven Novella. (Randazza, Marc)
July 15, 2014 Opinion or Order Filing 30 DECLARATION to #26 Response/Reply (Other), Opposition to Motion for Preliminary Injunction by Steven Novella (Randazza, Marc) Modified text on 7/16/2014 (jua).
July 15, 2014 Opinion or Order Filing 29 NOTICE of Striking #27 Supplement filed by Steven Novella by Steven Novella (Randazza, Marc)
July 15, 2014 Opinion or Order Filing 28 Clerks Notice to Filer re #27 Supplement. Document Not Captioned; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (jua)
July 15, 2014 Opinion or Order Filing 27 STRICKEN - SUPPLEMENT to #26 Response/Reply (Other), Errata to 26-1 Signed Declaration of Steven Novella by Steven Novella (Randazza, Marc) Modified to show that this document has been stricken per DE #29 on 7/16/2014 (jua).
July 14, 2014 Opinion or Order Filing 26 OPPOSITION to #6 Plaintiff's MOTION for Preliminary Injunction and Temporary Relief and Incorporated Memorandum of Law by Steven Novella. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Randazza, Marc) Modified text on 7/15/2014 (jua).
July 14, 2014 Opinion or Order Filing 25 NOTICE of Striking #21 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement filed by Society for Science-Based Medicine, Inc., #22 Statement, filed by Society for Science-Based Medicine, Inc. Docket Entries 21 and 22 by Society for Science-Based Medicine, Inc. (Polk, Edward)
July 14, 2014 Opinion or Order Filing 24 Statement of: Undisputed Facts in Support by Society for Science-Based Medicine, Inc. re #1 Complaint, #23 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement MOTION for Summary Judgment (Polk, Edward) Modified text on 7/15/2014 (jua).
July 14, 2014 Opinion or Order Filing 23 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION for More Definite Statement , MOTION for Summary Judgment by Society for Science-Based Medicine, Inc.. Responses due by 7/31/2014 (Attachments: #1 Affidavit Affidavit of Jann Bellamy)(Polk, Edward)
July 14, 2014 Opinion or Order Filing 22 STRICKEN - Statement of: Material Facts for Which There is No Genuine Dispute by Society for Science-Based Medicine, Inc. re #1 Complaint, #21 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION for Summary Judgment MOTION for More Definite Statement (Polk, Edward) Modified to show that this document has been stricken per DE #25 on 7/15/2014 (jua).
July 14, 2014 Opinion or Order Filing 21 STRICKEN - MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION for Summary Judgment , MOTION for More Definite Statement by Society for Science-Based Medicine, Inc.. Responses due by 7/31/2014 (Attachments: #1 Affidavit Affidavit of Jann Bellamy)(Polk, Edward) Modified to show that this document has been stricken per DE #25 on 7/15/2014 (jua).
July 10, 2014 Opinion or Order Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Edward Lewis Tobinick, MD, INR PLLC. SGU Productions, LLC served on 6/25/2014, answer due 7/16/2014. (Fasulo, Salvatore)
July 10, 2014 Opinion or Order Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Edward Lewis Tobinick, MD, INR PLLC. Steven Novella served on 6/25/2014, answer due 7/16/2014. (Fasulo, Salvatore)
July 10, 2014 Opinion or Order Filing 18 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Edward Lewis Tobinick, MD, INR PLLC. Yale University served on 6/27/2014, answer due 7/18/2014. (Fasulo, Salvatore)
July 10, 2014 Opinion or Order Filing 17 RETURN OF SERVICE by Edward Lewis Tobinick, MD, INR PLLC re #10 Summons Issued to SGU Productions (Fasulo, Salvatore) Modified text on 7/10/2014 (jua).
July 10, 2014 Opinion or Order Filing 16 Corporate Disclosure Statement by Edward Lewis Tobinick, MD, INR PLLC (Brown, Alexander)
July 3, 2014 Opinion or Order Filing 15 Corporate Disclosure Statement by Society for Science-Based Medicine, Inc. (Polk, Edward)
July 2, 2014 Opinion or Order Filing 14 ORDER of Instructions. Signed by Judge William J. Zloch on 7/2/2014. (bc)
July 2, 2014 Opinion or Order Filing 13 PAPERLESS ORDER granting #12 Motion for Extension of Time to Respond to Complaint. Defendant Society for Science-Based Medicine, Inc. shall file its response to Plaintiffs' Complaint by Noon, 7/14/2014. Signed by Judge William J. Zloch on 7/2/2014. (bc)
July 1, 2014 Opinion or Order Filing 12 MOTION for Extension of Time Defendant, Society for Science-Based Medicine, Inc.'s to Respond to Complaint re #1 Complaint, by Society for Science-Based Medicine, Inc.. Attorney Edward Samuel Polk added to party Society for Science-Based Medicine, Inc.(pty:dft). Responses due by 7/18/2014 (Polk, Edward) Modified relief on 7/1/2014 (jua).
June 20, 2014 Opinion or Order Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Edward Tobinick, Edward Lewis Tobinick, MD, INR PLLC. Society for Science-Based Medicine, Inc. served on 6/12/2014, answer due 7/3/2014. (Fasulo, Salvatore)
June 18, 2014 Opinion or Order Filing 10 Summons Issued as to SGU Productions, LLC. (jua)
June 18, 2014 Opinion or Order Filing 9 AMENDED NOTICE of Filing Proposed Summons(es) SGU Productions, LLC by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick (Attachments: #1 Summon(s))(Brown, Alexander) Modified text on 6/18/2014 (jua).
June 18, 2014 Opinion or Order Filing 8 NOTICE of Filing Proposed Summons(es) for SGU Productions, LLC by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick (Attachments: #1 Summon(s) Proposed)(Brown, Alexander)
June 13, 2014 Opinion or Order Filing 7 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): SGU Productions, LLC. (Brown, Alexander)
June 11, 2014 Opinion or Order Filing 6 VERIFIED MOTION for Temporary and Preliminary Injunctive Relief and Incorporated Memorandum of Law by Edward Lewis Tobinick, MD, INR PLLC, Edward Tobinick. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brown, Alexander) Modified text on 6/11/2014 (jua).
June 11, 2014 Opinion or Order Filing 5 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (yha)
June 11, 2014 Opinion or Order Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (yha)
June 11, 2014 Opinion or Order Filing 3 Summons Issued as to Steven Novella, Society for Science-Based Medicine, Inc., Yale University. (yha)
June 9, 2014 Opinion or Order Filing 2 Judge Assignment to Judge William J. Zloch (yha)
June 9, 2014 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-6811959, filed by Edward Lewis Tobinick, Edward Lewis Tobinick, MD, INR PLLC, The Institute of Neurological Recovery. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Novella, Steven, #3 Summon(s) Yale University, #4 Summon(s) SGU Productons, #5 Summon(s) Society for Science-Based Medicine, Inc.)(Brown, Alexander)

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Search for this case: Edward Lewis Tobinick, MD et al v. Novella et al
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Plaintiff: Edward Lewis Tobinick, MD a medical corporation doing business as The Institute of Neurological Recovery
Represented By: Aaron R. Gott
Represented By: Jarod Bona
Represented By: Mark R. Osherow
Represented By: Peter Glen Herman
Represented By: Salvatore Hazard Fasulo
Represented By: Cullin Avram O'Brien
Represented By: Geoffrey Michael Cahen
Represented By: Reid Alexander Cocalis
Represented By: Alexander Daniel Brown
Represented By: Daniel A. Miller
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Plaintiff: The Institute of Neurological Recovery
Represented By: Mark R. Osherow
Represented By: Peter Glen Herman
Represented By: Salvatore Hazard Fasulo
Represented By: Geoffrey Michael Cahen
Represented By: Reid Alexander Cocalis
Represented By: Alexander Daniel Brown
Represented By: Daniel A. Miller
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Plaintiff: INR PLLC a Florida professional limited liability company doing business as Institute of Neurological Recovery
Represented By: Aaron R. Gott
Represented By: Cullin Avram O'Brien
Represented By: Jarod Bona
Represented By: Mark R. Osherow
Represented By: Peter Glen Herman
Represented By: Salvatore Hazard Fasulo
Represented By: Geoffrey Michael Cahen
Represented By: Reid Alexander Cocalis
Represented By: Alexander Daniel Brown
Represented By: Daniel A. Miller
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Plaintiff: M.D. Edward Tobinick
Represented By: Aaron R. Gott
Represented By: Jarod Bona
Represented By: Mark R. Osherow
Represented By: Peter Glen Herman
Represented By: Salvatore Hazard Fasulo
Represented By: Cullin Avram O'Brien
Represented By: Geoffrey Michael Cahen
Represented By: Reid Alexander Cocalis
Represented By: Alexander Daniel Brown
Represented By: Daniel A. Miller
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Defendant: M.D. Steven Novella
Represented By: Jay Marshall Wolman
Represented By: Marc John Randazza
Represented By: Theresa M. Haar
Represented By: Jason Allan Fischer
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Defendant: Yale University
Represented By: Andrew H. Marks
Represented By: Jeffrey R. Babbin
Represented By: John M. Doroghazi
Represented By: Kimberly Jordan Freedman
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Defendant: Society for Science-Based Medicine, Inc.
Represented By: Edward Samuel Polk
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Defendant: SGU Productions, LLC
Represented By: Darren Joel Spielman
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Respondent: Geoffrey Michael Cahen
Represented By: Geoffrey Michael Cahen
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Respondent: Cullin O'Brien
Represented By: Geoffrey Michael Cahen
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