UnitedHealthcare Insurance Company et al v. Sky Toxicology, Ltd. et al
| UnitedHealthcare Insurance Company, Unitedhealthcare Services, Inc. and UnitedHealthcare of Florida, Inc. |
| Sky Toxicology, Ltd, Elizabeth Perry, Kory Avarell, Eclipse Lab Management, LLC, Sky Toxicology, Ltd., South Florida Recovery Center, LLC, Solid Landings, LLC, Does 1-150, LLJ Consultants, Inc., Axis Diagnostics, Inc., Dr. William "Wade" White, FT Lab Management, LLC, Ferriel Consulting Group, Inc., Frontier Toxicology, LTD, Eclipse Toxicology, LTD, Jeffrey L. Cohen, Hill Country Toxicology, Ltd., Stephen Fennelly, Elements Behavioral Health, Inc., Lance Hupfeld, Sky Toxicology Lab Management, LLC and Bradley West |
| 9:2016cv80649 |
| April 25, 2016 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach (Office: West Palm Beach) |
| James M Hopkins |
| Robin L Rosenberg |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1451 |
| Plaintiff |
Docket Report
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Filing 124
PAPERLESS ORDER granting #123 Motion to Withdraw Jarred L. Reiling as Counsel for Defendants Solid Landings, LLC, Stephen Fennelly and Elizabeth Perry. Attorney Jarred Lee Reiling is terminated as counsel for Defendants Solid Landings, LLC, Stephen Fennelly and Elizabeth Perry. Signed by Judge Robin L. Rosenberg on 4/23/2018. (nkl)
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| Filing 123 MOTION to Withdraw as Attorney by Jarred L. Reiling. by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. Responses due by 5/7/2018 (Attachments: #1 Text of Proposed Order on Motion to Withdraw JLR as Counsel)(Greenberg, Gerald) |
| Filing 122 NOTICE by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. Status Report (Mooney, Stephen) |
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Filing 121
PAPERLESS ORDER denying Motion to Amend #120 without prejudice as the Motion does not comply with Local Rule 7.1(a)(3). Plaintiff may refile a motion to amend after Plaintiff confers as required by the Local Rules. The Court notes, however, that the proposed amended complaint contains 200 pages, with many subcounts, while the original complaint contained 56 pages. In light of the Court's initial review of the proposed amended complaint, a future motion to amend should contain detailed analysis and argument explaining (1) how the proposed amended complaint complies with Federal Rule of Civil Procedure 8, which requires a short and plain statement stating why a plaintiff is entitled to relief and (2) how the proposed amended complaint complies with Federal Rule of Civil Procedure 1, which requires both this Court and the parties to comply with the Federal Rules in such a way as to secure the just, speedy, and inexpensive determination of every action and proceeding. Signed by Judge Robin L. Rosenberg on 11/30/2016. (bkd)
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| Filing 120 MOTION to Amend/Correct #119 Order Dismissing Case,,,,,,,,, to allow leave to file an amended complaint or in the alternative, MOTION to Alter Judgment and grant reconsideration by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Responses due by 12/16/2016 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Mooney, Stephen) |
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Filing 119
ORDER OF DISMISSAL Closing Case. Motions terminated: #59 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Elements Behavioral Health, Inc., #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(7) AND ALTERNATIVELY MOTION FOR MORE DEFINITE STAEMENT AND INCPRORATE MEMORANDUM OF LAW MOTION for More Definite Statement filed by Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd., #65 MOTION to Dismiss #1 Complaint, filed by Solid Landings, LLC, Elizabeth Perry, Stephen Fennelly, #118 Joint MOTION for Extension of Time to Complete Discovery TO BRIEFLY MODIFY JOINT SCHEDULING ORDER AS AMENDED CONCERNING JURISDICTIONAL DISCOVERY BECAUSE OF UNFORESEEN VENDOR DELAYS filed by Hill Country Toxicology, Ltd., FT Lab Management, LLC, Frontier Toxicology, LTD, Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, Axis Diagnostics, Inc., #61 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P. and Incorporated Memorandum of Law filed by Hill Country Toxicology, Ltd., FT Lab Management, LLC, Frontier Toxicology, LTD, Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, Axis Diagnostics, Inc., #105 Motion for Clerks Entry of Default filed by UnitedHealthcare Insurance Company, #60 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Jeffrey L. Cohen, #63 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Bradley West, Dr. William "Wade" White, Lance Hupfeld, #64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by LLJ Consultants, Inc.. Signed by Judge Robin L. Rosenberg on 11/1/2016. (lan) 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.
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| Filing 118 Joint MOTION for Extension of Time to Complete Discovery TO BRIEFLY MODIFY JOINT SCHEDULING ORDER AS AMENDED CONCERNING JURISDICTIONAL DISCOVERY BECAUSE OF UNFORESEEN VENDOR DELAYS by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd.. (Attachments: #1 Exhibit A-Declaration John Martin, #2 Exhibit B-Interrogatories, #3 Exhibit C-Request Production, #4 Exhibit D-09/29/16 Correspondence, #5 Exhibit E-10/07/16 Correspondence, #6 Exhibit F-Proposed Order)(O'Connor, Joanne) |
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Filing 117
*Endorsed Order approving the parties' proposed joint stipulation (DE 116) except that the language directing the Clerk of Court to maintain documents under seal is stricken. Any documents sought be filed under seal shall be accompanied by a motion pursuant to Local Rule 5.4(b). Upon resolution of such motion, the Court will instruct the Clerk accordingly. Signed by Magistrate Judge James M. Hopkins on 10/20/2016. (hky)
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| Filing 116 STIPULATION for Entry of Qualified Protective Order regarding Jurisdictional Discovery by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. (Attachments: #1 Exhibit Exhibit A)(Mooney, Stephen) |
| Filing 115 NOTICE by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. Notice of Filing Certificate of Service - Plaintiffs' Verified Responses to Foreign Lab Defendants' First Set of Interrogatories to Plaintiffs (Mooney, Stephen) |
| Filing 114 NOTICE OF UNAVAILABILITY by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. for dates of Thursday, December 15 through and including Friday, December 16, 2016; Thursday, February 9 through and including Monday, February 13, 2017; Friday, February 24, 2017; Monday, March 6 through and including Friday, March 10, 2017; Monday, April 3 through and including Friday, April 7, 2017; Tuesday, May 16 through and including Thursday, May 18, 2017; and Monday, May 29 through and including Monday, June 5, 2017 (Mooney, Stephen) |
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Filing 113
ORDER granting #111 Amended Joint Motion to Briefly Extend Jurisdictional Discovery Deadlines. Signed by Judge Robin L. Rosenberg on 10/12/2016. (nkl)
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Filing 112
PAPERLESS ORDER denying #110 Joint Motion to Briefly Extend Jurisdictional Discovery Deadlines as moot in light of #111 Amended Joint Motion to Briefly Extend Jurisdictional Discovery Deadlines. Signed by Judge Robin L. Rosenberg on 10/12/2016. (nkl)
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| Filing 111 Amended MOTION for Extension of Time to Complete Discovery TO BRIEFLY EXTEND JURISDICTIONAL DISCOVERY DEADLINES by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd.. (Attachments: #1 Exhibit A - PROPOSED ORDER)(O'Connor, Joanne) |
| Filing 110 Joint MOTION for Extension of Time to Complete Discovery TO BRIEFLY EXTEND JURISDICTIONAL DISCOVERY DEADLINES by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd.. (Attachments: #1 Exhibit A - PROPOSED ORDER)(O'Connor, Joanne) |
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Filing 109
PAPERLESS ORDER denying #64 Defendant LLJ Consultants, Inc.'s Motion to Dismiss Plaintiffs' Complaint as moot in light of Defendant's #108 Notice of Partial Withdrawal of Motion. Defendant's Motion is denied as moot only to the extent it seeks dismissal for lack of personal jurisdiction. With respect to all other arguments raised, Defendant's Motion remains pending. Signed by Judge Robin L. Rosenberg on 10/11/2016. (nkl)
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| Filing 108 NOTICE by LLJ Consultants, Inc. re #64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Notice of Partial Withdrawal of Motion (Ferber, Erin) |
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Filing 107
JOINT SCHEDULING ORDER: Jurisdicitional Discovery due by 8/30/2016. Amended Motions to dismiss due by 11/28/2016. Signed by Judge Robin L. Rosenberg on 8/26/2016. (lk) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 106 Joint SCHEDULING REPORT - Rule 26(f) by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. (Mooney, Stephen) |
| Filing 105 MOTION for Clerks Entry of DefaultPlaintiffs' Application for Entry of Default Against Defendant Kory Avarell by UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit Declaration of S. Mooney, #2 Exhibit Proposed Entry of Default)(Mooney, Stephen) Modified on 9/7/2016 (ch1). |
| Set/Reset Deadlines/Hearings as per DE 101 : Motion for Clerk's default due by 8/24/2016. (lk) |
| Filing 104 Paperless Minute Entry for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 8/23/2016 re #61 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P. and Incorporated Memorandum of Law filed by Hill Country Toxicology, Ltd., FT Lab Management, LLC, Frontier Toxicology, LTD, Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, Axis Diagnostics, Inc., #64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by LLJ Consultants, Inc., #65 MOTION to Dismiss #1 Complaint, filed by Solid Landings, LLC, Elizabeth Perry, Stephen Fennelly, #81 MOTION FOR LEAVE to conduct jurisdictional discovery. Appearances noted on the record. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov Text modified on 8/24/2016 (lw1). |
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Filing 103
PAPERLESS ORDER terminating all deadlines set forth in the Court's #44 Scheduling Order. The Court will hold a scheduling conference and re-set all deadlines following resolution of the seven motions to dismiss pending in this case. Signed by Judge Robin L. Rosenberg on 8/23/2016. (nkl)
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Filing 102
PAPERLESS ORDER granting #81 United's Motion for Leave to Conduct Jurisdictional Discovery for the reasons stated on the record during the hearing held August 23, 2016. No later than 12:00 p.m. (noon) on Friday, August 26, 2016, Plaintiffs, the Foreign Lab Defendants ("FLDs"), and Defendant LLJ Consultants, Inc. ("LLJ") shall file a joint proposed schedule for conducting limited jurisdictional discovery and re-briefing #61 the FLD's Motion to Dismiss and #64 LLJ's Motion to Dismiss, and shall submit a proposed scheduling order in Word format by email to rosenberg@flsd.uscourts.gov. The joint proposed schedule and scheduling order must include the following deadlines: (1) no later than Friday, August 26, 2016, Plaintiffs, the FLDs, and LLJ shall conduct a preliminary ESI conference, and may continue that conference to the extent necessary provided that it is completed by no later than Wednesday, August 31, 2016; (2) no later than one week from today, Plaintiffs, the FLDs, and LLJ shall serve written jurisdictional discovery requests (i.e., interrogatories and requests to produce); (3) no later than 44 days after the date of service of those written requests, Plaintiffs, the FLDs, and LLJ shall serve responses to those written requests; (4) no later than 30 days after the date on which all responses to written discovery requests are served, all depositions, including Plaintiffs' deposition of one 30(b)(6) representative from each of the FLDs, shall be completed; (5) the date and time for each deposition shall be set forth in the joint proposed schedule and scheduling order; (6) no later than two weeks after the completion of all discovery, the FLDs and LLJ shall file either (a) amended Motions to Dismiss for lack of personal jurisdiction, to be considered by the Court in lieu of the personal jurisdiction arguments raised in their pending Motions to Dismiss, or (b) notice that they do not intend to amend the personal jurisdiction arguments raised in their pending Motions to Dismiss; and (7) briefing on the FLDs and LLJ's Motions to Dismiss for lack of personal jurisdiction shall then proceed in the normal course. Signed by Judge Robin L. Rosenberg on 8/23/2016. (nkl)
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Filing 101
PAPERLESS ORDER. On May 4, 2016, Plaintiffs served a summons and copy of their #1 Complaint on Defendant Kory Avarell. See DE #14 . To date, Defendant Kory Avarell has failed to answer or otherwise respond to Plaintiffs' Complaint, and the time to do so has passed. Accordingly, no later than 5:00 p.m. on Wednesday, August 24, 2016, Plaintiffs shall submit a Motion for Entry of Clerk's Default as to Defendant Kory Avarell that includes a certificate of service indicating that notice was sent to Defendant Kory Avarell. Plaintiffs' failure to file the Motion for Entry of Clerk's Default within the specified time may result in a dismissal without prejudice and without further notice as to Defendant Kory Avarell. Signed by Judge Robin L. Rosenberg on 8/23/2016. (nkl)
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| Filing 100 Notice of Supplemental Authority re #79 Response to Motion,,, by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. (Attachments: #1 Supplement Penn Fire Ins. Co. of Philadelphia, #2 Supplement In re Farmland Indus., #3 Supplement Benedict v. Gen. Motors Corp., #4 Supplement In re Sygenta, #5 Supplement Junction Bit & Tool, #6 Supplement Sofrar, S.A., #7 Supplement White v. Pepsico, Inc.) (Mooney, Stephen) |
| Filing 99 NOTICE of Attorney Appearance by James Vincent Etscorn on behalf of Elements Behavioral Health, Inc. (Etscorn, James) |
| Filing 98 NOTICE by Jeffrey L. Cohen re 94 Order,,,, (Jones, Richard) |
| Filing 97 NOTICE by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. re 94 Order,,,, (Mooney, Stephen) |
| Filing 96 Clerks Notice to Filer re #93 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#95]. It is not necessary to refile this document. (lk) |
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Filing 94
PAPERLESS ORDER continuing hearing only as to #59 MOTION TO DISMISS, #60 MOTION TO DISMISS, #62 MOTION TO DISMISS, and #63 MOTION TO DISMISS. In light of the number of parties and breadth of issues presented by this case, the Court will take up the pending motions in stages. During the hearing set for Tuesday, August 23, 2016, at 9:30 a.m., the Court will hear argument only on the personal jurisdiction issues raised in #61 MOTION TO DISMISS, #64 MOTION TO DISMISS, and #65 MOTION TO DISMISS. In addition, the Court will hear argument on #81 MOTION FOR LEAVE to conduct jurisdictional discovery. The Court has set aside two (2) hours for the hearing. Counsel may appear by telephone but must file a notice of telephonic appearance at least one (1) day prior to the hearing. Instructions for appearing by telephone are as follows: Please call five (5) minutes prior to the hearing. 1. Toll-Free Number: 1 (877) 873-8018, 2. Access Code: 9890482, 3. Security Code: 4008. The Court will re-set the remaining issues and motions for hearing by separate order following the hearing on August 23, 2016. Signed by Judge Robin L. Rosenberg on 8/19/2016. (nkl)
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| Filing 95 Notice of Adoption by LLJ Consultants, Inc. Related document: #92 Response to Motion, filed by Hill Country Toxicology, Ltd., Frontier Toxicology, LTD, Eclipse Toxicology, LTD, Axis Diagnostics, Inc. See image at DE #93 (lk) |
| Filing 93 NOTICE by LLJ Consultants, Inc. re #92 Response to Motion, Notice of Joinder in Axis Diagnostics, Inc., Eclipse Toxicology, Ltd., Frontier Toxicology, Ltd., and Hill Country Toxicology, Ltd.'s, Response to United's Motion for Leave to Conduct Jurisdictional Discovery (Ferber, Erin) |
| Filing 92 RESPONSE to Motion re #81 MOTION for Leave to File United's Motion for Leave to Conduct Jurisdictional Discovery on Axis Diagnostics, Inc., Eclipse Toxicology, Ltd., Frontier Toxicology, Ltd., Hill Country Toxicology, Ltd., and LLJ Consultants, Inc., and Incorporated M filed by Axis Diagnostics, Inc., Eclipse Toxicology, LTD, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd.. Replies due by 8/29/2016. (O'Connor, Joanne) |
| Filing 91 REPLY to Response to Motion re #64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by LLJ Consultants, Inc.. (Ferber, Erin) |
| Filing 90 REPLY to Response to Motion re #63 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Bradley West, Dr. William "Wade" White, Lance Hupfeld. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ferber, Erin) |
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Filing 89
PAPERLESS ORDER Setting Hearing on #59 MOTION TO DISMISS, #60 MOTION TO DISMISS, #61 MOTION TO DISMISS, #62 MOTION TO DISMISS, #63 MOTION TO DISMISS, #64 MOTION TO DISMISS, #65 MOTION TO DISMISS, and #81 MOTION FOR LEAVE to Conduct Jurisdictional Discovery. Motion Hearing set for 8/23/2016 at 09:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 8/12/2016. (nkl)
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| Filing 88 REPLY to Response to Motion re #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(7) AND ALTERNATIVELY MOTION FOR MORE DEFINITE STAEMENT AND INCPRORATE MEMORANDUM OF LAW MOTION for More Definite Statement filed by Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. (O'Connor, Joanne) |
| Filing 87 REPLY to Response to Motion re #59 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Elements Behavioral Health, Inc.. (Etscorn, James) |
| Filing 86 REPLY to Response to Motion re #65 MOTION to Dismiss #1 Complaint, filed by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. (Greenberg, Gerald) |
| Filing 85 REPLY to Response to Motion re #61 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P. and Incorporated Memorandum of Law filed by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd.. (O'Connor, Joanne) |
| Filing 84 REPLY to Response to Motion re #60 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Jeffrey L. Cohen. Attorney Richard Mathew Jones added to party Jeffrey L. Cohen(pty:dft). (Jones, Richard) |
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Filing 83
PAPERLESS ORDER granting #82 Defendants' Unopposed Motion for Extension of Time to File Replies to Plaintiffs' Responses to Motions to Dismiss. Replies due by 8/15/2016. Signed by Judge Robin L. Rosenberg on 8/9/2016. (nkl)
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| Filing 82 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #74 Response to Motion, #80 Response to Motion, by Bradley West, Dr. William "Wade" White, LLJ Consultants, Inc., Lance Hupfeld. (Attachments: #1 Text of Proposed Order)(Ferber, Erin) |
| Filing 81 MOTION for Leave to File United's Motion for Leave to Conduct Jurisdictional Discovery on Axis Diagnostics, Inc., Eclipse Toxicology, Ltd., Frontier Toxicology, Ltd., Hill Country Toxicology, Ltd., and LLJ Consultants, Inc., and Incorporated Memorandum of Law by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Mooney, Stephen) |
| Filing 80 RESPONSE to Motion re #64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM United's Memorandum in Opposition to LLJ Consultants, Inc.'s Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Mooney, Stephen) |
| Filing 79 RESPONSE to Motion re #61 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P. and Incorporated Memorandum of Law United's Memorandum in Opposition to Frontier Toxicology, Ltd., FT Lab Management, LLC, Hill Country Toxicology, Ltd., Eclipse Toxicology, Ltd., Eclipse Toxicology Lab Management, LLC, and AXIS Diagnostics, Inc.'s Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Attachments: #1 Exhibit Declaration of Matthew Haberman, #2 Exhibit Affidavit of Mohini Dewkinandan)(Mooney, Stephen) |
| Filing 78 RESPONSE to Motion re #60 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM United's Memorandum in Opposition to Jeffrey L. Cohen's Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Mooney, Stephen) |
| Filing 77 RESPONSE to Motion re #65 MOTION to Dismiss #1 Complaint, United's Memorandum in Opposition to Solid Landings Behavioral Health, Inc., Elizabeth Perry, and Stephen Fenneylly's Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Mooney, Stephen) |
| Filing 76 RESPONSE to Motion re #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(7) AND ALTERNATIVELY MOTION FOR MORE DEFINITE STAEMENT AND INCPRORATE MEMORANDUM OF LAW MOTION for More Definite Statement United's Memorandum in Opposition to Sky Toxicology, Ltd. and Sky Toxicology Lab Management, LLC's Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Mooney, Stephen) |
| Filing 75 RESPONSE to Motion re #59 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law United's Memorandum in Opposition to Elements Behavioral Health Inc.'s Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Mooney, Stephen) |
| Filing 74 RESPONSE to Motion re #63 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM United's Memorandum in Opposition to Sky Officers' Motion to Dismiss filed by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Replies due by 8/11/2016. (Mooney, Stephen) |
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Filing 73
PAPERLESS ORDER granting in part and denying in part #72 Joint Motion to Stay Discovery Pending Rulings on Motions to Dismiss and to Vacate or Modify Scheduling Order. The Joint Motion is granted to the extent that the parties request a stay of discovery and denied without prejudice to the extent that the parties request that the Court's #44 Scheduling Order be vacated or modified. Discovery is hereby STAYED pending resolution of the seven motions to dismiss filed in this case. Following resolution of the seven motions to dismiss, the Court will adjust the pretrial deadlines set forth in the Court's Scheduling Order as necessary. Signed by Judge Robin L. Rosenberg on 7/27/2016. (nkl)
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| Filing 72 Joint MOTION to Stay Discovery Pending Resolution of Motions to Dismiss, Joint MOTION to Vacate or Modify Scheduling Order by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd., Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. Responses due by 8/11/2016 (Attachments: #1 Exhibit A: UHC Requests to Produce to Sky, #2 Exhibit B: UHC Interrogatories to Sky, #3 Exhibit C: UHC Requests to Produce to Hill Country, #4 Exhibit D: UHC Interrogatories to Hill Country, #5 Exhibit E: Subpoena to Lowrey Powell Stevens, #6 Exhibit F: Subpoena to Medivance)(O'Connor, Joanne) |
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Filing 71
ORDER granting #70 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sanja Muranovic. Signed by Magistrate Judge James M. Hopkins on 7/18/2016. (hky)
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| Filing 70 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sanja Muranovic. Filing Fee $ 75.00 Receipt # 113C-8921518 by Elements Behavioral Health, Inc.. Responses due by 8/1/2016 (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Etscorn, James) |
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Filing 69
PAPERLESS ORDER granting in part and denying in part #68 Plaintiffs' Unopposed Motion for Extension of Deadline to Respond to Defendants' Motions to Dismiss. Plaintiffs shall respond to each of the seven (7) Motions to Dismiss pending in this case no later than Monday, August 1, 2016. Signed by Judge Robin L. Rosenberg on 7/1/2016. (nkl)
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| Filing 68 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANTS MOTIONS TO DISMISS re #59 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, #60 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #63 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(7) AND ALTERNATIVELY MOTION FOR MORE DEFINITE STAEMENT AND INCPRORATE MEMORANDUM OF LAW MOTION for More Definite Statement, #65 MOTION to Dismiss #1 Complaint, , #61 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P. and Incorporated Memorandum of Law by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc.. Responses due by 7/18/2016 (Attachments: #1 Proposed Order)(Mooney, Stephen) |
| Filing 67 NOTICE OF UNAVAILABILITY by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. for dates of Tuesday, July 5, 2016 through and including Friday, July 8, 2016; Thursday, August 25, 2016 through and including Monday, September 5, 2016; Monday, November 21, 2016 through and including Friday, November 25, 2016; and Monday, March 6 through and including Saturday, March 11, 2017 (Mooney, Stephen) |
| Filing 66 Clerks Notice to Filer re #62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(7) AND ALTERNATIVELY MOTION FOR MORE DEFINITE STAEMENT AND INCPRORATE MEMORANDUM OF LAW. 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. (lk) |
| Filing 65 MOTION to Dismiss #1 Complaint, by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. Responses due by 7/11/2016 (Attachments: #1 Affidavit Declaration of Elizabeth Perry, #2 Affidavit Declaration of Stephen Fennelly)(Greenberg, Gerald) |
| Filing 64 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 7/11/2016) by LLJ Consultants, Inc.. (Attachments: #1 Exhibit 1)(Ferber, Erin) |
| Filing 63 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Bradley West, Dr. William "Wade" White, Lance Hupfeld. Responses due by 7/11/2016 (Ferber, Erin) |
| Filing 62 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, PURSUANT TO FED. R. CIV. P. 12(b)(1) and 12(b)(7) ( Responses due by 7/11/2016) by Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. (O'Connor, Joanne). Added Alternative MOTION for More Definite Statement on 6/23/2016 (lk). |
| Filing 61 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, , MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Pursuant to Rules 12(b)(2) and 12(b)(6), Fed. R. Civ. P. and Incorporated Memorandum of Law ( Responses due by 7/11/2016) by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd.. (Attachments: #1 Exhibit A-Chart of Complaint Allegations, #2 Exhibit B-Declaration of Wyatt (Axis), #3 Exhibit C-Declaration of Wyatt (Frontier), #4 Exhibit D-Declaration of Wyatt (Hill Country), #5 Exhibit E-Declaration of Wyatt (Eclipse))(O'Connor, Joanne) |
| Filing 60 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Jeffrey L. Cohen. Responses due by 7/11/2016 (Klein, Robert) |
| Filing 59 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by Elements Behavioral Health, Inc.. Responses due by 7/11/2016 (Etscorn, James) |
| Filing 58 ANSWER and Affirmative Defenses to Complaint by Ferriel Consulting Group, Inc., South Florida Recovery Center, LLC. (O'Connor, Peggy-Anne) |
| Filing 57 NOTICE of Attorney Appearance by Robert William Wilkins on behalf of Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd., Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. Attorney Robert William Wilkins added to party Axis Diagnostics, Inc.(pty:dft), Attorney Robert William Wilkins added to party Eclipse Lab Management, LLC(pty:dft), Attorney Robert William Wilkins added to party Eclipse Toxicology, LTD(pty:dft), Attorney Robert William Wilkins added to party FT Lab Management, LLC(pty:dft), Attorney Robert William Wilkins added to party Frontier Toxicology, LTD(pty:dft), Attorney Robert William Wilkins added to party Hill Country Toxicology, Ltd.(pty:dft), Attorney Robert William Wilkins added to party Sky Toxicology Lab Management, LLC(pty:dft), Attorney Robert William Wilkins added to party Sky Toxicology, Ltd.(pty:dft). (Wilkins, Robert) |
| Filing 56 NOTICE of Attorney Appearance by Scott Gardner Hawkins on behalf of Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd., Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. Attorney Scott Gardner Hawkins added to party Axis Diagnostics, Inc.(pty:dft), Attorney Scott Gardner Hawkins added to party Eclipse Lab Management, LLC(pty:dft), Attorney Scott Gardner Hawkins added to party Eclipse Toxicology, LTD(pty:dft), Attorney Scott Gardner Hawkins added to party FT Lab Management, LLC(pty:dft), Attorney Scott Gardner Hawkins added to party Frontier Toxicology, LTD(pty:dft), Attorney Scott Gardner Hawkins added to party Hill Country Toxicology, Ltd.(pty:dft), Attorney Scott Gardner Hawkins added to party Sky Toxicology Lab Management, LLC(pty:dft), Attorney Scott Gardner Hawkins added to party Sky Toxicology, Ltd.(pty:dft). (Hawkins, Scott) |
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Filing 55
ORDER granting #54 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Yussuf Abdel-Aleem. Signed by Magistrate Judge James M. Hopkins on 6/14/2016. (hky)
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| Filing 54 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Yussuf Abdel-Aleem. Filing Fee $ 75.00 Receipt # 113C-8819592 by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd., Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. Responses due by 6/30/2016 (O'Connor, Joanne) |
| Filing 53 Clerk's Appointment of Mediator: Steven A. Mayans added (pt) |
| Filing 52 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Ferriel Consulting Group, Inc., South Florida Recovery Center, LLC (O'Connor, Peggy-Anne) |
| Filing 51 Request for Clerk to Appoint Mediator(Mooney, Stephen) |
| Filing 50 Corporate Disclosure Statement by Bradley West, Dr. William "Wade" White, LLJ Consultants, Inc., Lance Hupfeld (Ferber, Erin) |
| Filing 49 Corporate Disclosure Statement by Axis Diagnostics, Inc. (O'Connor, Joanne) |
| Filing 48 Corporate Disclosure Statement by Elements Behavioral Health, Inc. identifying Corporate Parent EBH Holding Company, Inc. for Elements Behavioral Health, Inc. (Etscorn, James) |
| Filing 47 Corporate Disclosure Statement by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly (Greenberg, Gerald) |
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Filing 46
ORDER granting #45 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kristin L. Leveille. Signed by Magistrate Judge James M. Hopkins on 6/3/2016. (hky)
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| Filing 45 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kristin L Leveille. Filing Fee $ 75.00 Receipt # 113C-8789292 by Elements Behavioral Health, Inc.. Responses due by 6/20/2016 (Attachments: #1 Exhibit, #2 Exhibit)(Etscorn, James) |
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Filing 44
SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Jury Trial set for 5/15/2017 in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 5/10/2017 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Amended Pleadings due by 8/15/2016., Discovery due by 11/15/2016., Joinder of Parties due by 8/15/2016., In Limine Motions due by 12/15/2016., Motions due by 12/15/2016., Pretrial Stipulation due by 4/14/2017.), ORDER REFERRING CASE to Mediation. Mediation Deadline 3/15/2017. Signed by Magistrate Judge James M. Hopkins on 5/26/2016. (lrz) (Main Document 44 replaced on 5/27/2016) (lrz).
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| Filing 43 Minute Entry for proceedings held before Magistrate Judge James M. Hopkins: Telephonic Scheduling Conference held on 5/26/2016. Scheduling Order to be issued separately. (Digital 15:20:56.) (hky) |
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Filing 42
ORDER granting #40 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert C. Welsh. Signed by Magistrate Judge James M. Hopkins on 5/24/2016. (hky)
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Filing 41
ORDER granting #39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Matthew W. Caligur. Signed by Magistrate Judge James M. Hopkins on 5/24/2016. (hky)
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| Filing 40 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert C. Welsh. Filing Fee $ 75.00 Receipt # 113C-8765200 by Elements Behavioral Health, Inc.. Responses due by 6/10/2016 (Attachments: #1 Certification, #2 Text of Proposed Order)(Etscorn, James) |
| Filing 39 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew W. Caligur. Filing Fee $ 75.00 Receipt # 113C-8765152 by Elements Behavioral Health, Inc.. Responses due by 6/10/2016 (Attachments: #1 Certification, #2 Text of Proposed Order)(Etscorn, James) |
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Filing 38
ORDER granting #34 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney D. Lee Roberts, Jr. Signed by Magistrate Judge James M. Hopkins on 5/24/2016. (hky)
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Filing 37
ORDER granting #33 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert P. Marcovitch. Signed by Magistrate Judge James M. Hopkins on 5/24/2016. (hky)
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Filing 36
ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney M. Alan Holcomb. Signed by Magistrate Judge James M. Hopkins on 5/24/2016. (hky)
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Filing 35
ORDER granting #31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Adam J. Sinton. Signed by Magistrate Judge James M. Hopkins on 5/24/2016. (hky)
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| Filing 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for D. Lee Roberts, Jr.. Filing Fee $ 75.00 Receipt # 113C-8762824 by UnitedHealthcare Insurance Company. Responses due by 6/9/2016 (Mooney, Stephen) |
| Filing 33 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert P. Marcovitch. Filing Fee $ 75.00 Receipt # 113C-8762811 by UnitedHealthcare Insurance Company. Responses due by 6/9/2016 (Mooney, Stephen) |
| Filing 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for M. Alan Holcomb. Filing Fee $ 75.00 Receipt # 113C-8762769 by UnitedHealthcare Insurance Company. Responses due by 6/9/2016 (Mooney, Stephen) |
| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam J. Sinton. Filing Fee $ 75.00 Receipt # 113C-8762465 by UnitedHealthcare Insurance Company. Responses due by 6/9/2016 (Mooney, Stephen) |
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Filing 30
PAPERLESS ORDER granting #28 Defendants' Motion for Extension of Time to Respond to Complaint. Defendants Ferriel Consulting Group, Inc. and South Florida Recovery Center, LLC shall file and serve a responsive pleading or motion directed to Plaintiffs' #1 Complaint on or before June 22, 2016. Signed by Judge Robin L. Rosenberg on 5/23/2016. (nkl)
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| Filing 29 NOTICE of Attorney Appearance by Peggy-Anne O'Connor on behalf of Ferriel Consulting Group, Inc., South Florida Recovery Center, LLC (O'Connor, Peggy-Anne) |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Ferriel Consulting Group, Inc., South Florida Recovery Center, LLC. Attorney Peggy-Anne O'Connor added to party Ferriel Consulting Group, Inc.(pty:dft), Attorney Peggy-Anne O'Connor added to party South Florida Recovery Center, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(O'Connor, Peggy-Anne) |
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Filing 27
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE JAMES M. HOPKINS Signed by Magistrate Judge James M. Hopkins on 5/20/2016. (lrz)
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Filing 26
*Endorsed Order setting Telephonic Pretrial Scheduling Conference for 5/26/2016 at 3:00 PM before Magistrate Judge James M. Hopkins. At least 48 hours before the conference, Plaintiff's counsel shall provide the Court (hopkins@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 10-20 minutes before their conference begins, as the Court sets several cases per 30 minute time slot. Any motions to amend the trial date must be filed 2 days before the scheduling conference. Signed by Magistrate Judge James M. Hopkins on 5/20/2016. (hky)
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Filing 25
PAPERLESS ORDER granting #24 Agreed Motion for Extension of Time to Respond to Complaint. Defendant Elements Behavioral Health, Inc. shall file and serve a responsive pleading or motion directed to Plaintiffs' #1 Complaint on or before June 22, 2016. Signed by Judge Robin L. Rosenberg on 5/20/2016. (nkl)
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| Filing 24 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Elements Behavioral Health, Inc.. (Attachments: #1 Text of Proposed Order)(Etscorn, James) |
| Filing 23 NOTICE of Attorney Appearance by James Vincent Etscorn on behalf of Elements Behavioral Health, Inc.. Attorney James Vincent Etscorn added to party Elements Behavioral Health, Inc.(pty:dft). (Etscorn, James) |
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Filing 22
PAPERLESS ORDER granting #21 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Defendants Bradley West, Dr. William "Wade" White, LLJ Consultants, Inc., and Lance Hupfeld shall file and serve a responsive pleading or motion directed to Plaintiffs' #1 Complaint on or before June 22, 2016. Signed by Judge Robin L. Rosenberg on 5/20/2016. (nkl)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Bradley West, Dr. William "Wade" White, LLJ Consultants, Inc., Lance Hupfeld. Attorney Erin Michelle Ferber added to party Bradley West(pty:dft), Attorney Erin Michelle Ferber added to party Dr. William "Wade" White(pty:dft), Attorney Erin Michelle Ferber added to party LLJ Consultants, Inc.(pty:dft), Attorney Erin Michelle Ferber added to party Lance Hupfeld(pty:dft). (Attachments: #1 Text of Proposed Order)(Ferber, Erin) |
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Filing 20
PAPERLESS ORDER granting #18 Defendant's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant Jeffrey L. Cohen shall file and serve a responsive pleading or motion directed to Plaintiffs' #1 Complaint on or before June 22, 2016. Signed by Judge Robin L. Rosenberg on 5/19/2016. (nkl)
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Filing 19
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE AND ORDER OF REFERENCE TO MAGISTRATE: ( Pretrial Conference set for 4/5/2017 09:30 AM before Judge Robin L. Rosenberg., Jury Trial set for 5/17/2017 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 5/10/2017 09:00 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge James M. Hopkins for Discovery Matters Signed by Judge Robin L. Rosenberg on 5/19/2016. (lrz)
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| Filing 18 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, , MOTION for Extension of Time respond to complaint ( Responses due by 6/6/2016) by Jeffrey L. Cohen. Attorney Robert Michael Klein added to party Jeffrey L. Cohen(pty:dft). (Attachments: #1 Text of Proposed Order)(Klein, Robert) |
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Filing 17
ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kelly Hagemann. Signed by Magistrate Judge James M. Hopkins on 5/19/2016. (hky)
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Filing 16
ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew Selesnick. Signed by Magistrate Judge James M. Hopkins on 5/19/2016. (hky)
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Filing 15
PAPERLESS ORDER granting #13 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Defendants Solid Landings, LLC, Stephen Fennelly, and Elizabeth Perry shall file and serve a responsive pleading or motion directed to Plaintiffs' #1 Complaint on or before June 22, 2016. Signed by Judge Robin L. Rosenberg on 5/19/2016. (nkl)
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| Set/Reset Trial Management Order Deadlines. Jury Trial set for 5/15/2017 at 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. See DE #19 . (nkl) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by UnitedHealthcare of Florida, Inc., UnitedHealthcare Insurance Company, Unitedhealthcare Services, Inc.. Axis Diagnostics, Inc. served on 5/3/2016, answer due 6/22/2016; Bradley West served on 5/3/2016, answer due 5/24/2016; Dr. William "Wade" White served on 5/5/2016, answer due 5/26/2016; Eclipse Lab Management, LLC served on 5/3/2016, answer due 6/22/2016; Eclipse Toxicology, LTD served on 5/3/2016, answer due 6/22/2016; Elements Behavioral Health, Inc. served on 5/2/2016, answer due 5/23/2016; Elizabeth Perry served on 5/3/2016, answer due 5/24/2016; FT Lab Management, LLC served on 5/3/2016, answer due 6/22/2016; Ferriel Consulting Group, Inc. served on 5/3/2016, answer due 5/24/2016; Frontier Toxicology, LTD served on 5/3/2016, answer due 6/22/2016; Hill Country Toxicology, Ltd. served on 5/3/2016, answer due 6/22/2016; Jeffrey L. Cohen served on 5/3/2016, answer due 5/24/2016; Kory Avarell served on 5/4/2016, answer due 5/25/2016; LLJ Consultants, Inc. served on 5/4/2016, answer due 5/25/2016; Lance Hupfeld served on 5/9/2016, answer due 5/31/2016; Sky Toxicology Lab Management, LLC served on 5/3/2016, answer due 6/22/2016; Sky Toxicology, Ltd. served on 5/2/2016, answer due 6/22/2016; Solid Landings, LLC served on 5/2/2016, answer due 5/23/2016; South Florida Recovery Center, LLC served on 5/3/2016, answer due 5/24/2016; Stephen Fennelly served on 5/2/2016, answer due 5/23/2016. (Attachments: #1 Exhibit Exhibit A)(Mooney, Stephen) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. (Attachments: #1 Text of Proposed Order Ex. A - Proposed Order Granting Unopposed Motion for Extension of Time)(Greenberg, Gerald) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kelly Hagemann. Filing Fee $ 75.00 Receipt # 113C-8750127 by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. Responses due by 6/6/2016 (Attachments: #1 Exhibit A - Certification of Kelly Hagemann, #2 Exhibit B - Proposed Order Granting Motion to Appear Pro Hac Vice - Kelly Hagemann)(Greenberg, Gerald) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew Selesnick. Filing Fee $ 75.00 Receipt # 113C-8750089 by Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. Responses due by 6/6/2016 (Attachments: #1 Exhibit A - Certification of Andrew Selesnick, #2 Exhibit B - Proposed Order Granting Motion to Appear Pro Hac Vice - Andrew Selesnick)(Greenberg, Gerald) |
| Filing 10 NOTICE of Attorney Appearance by Jarred Lee Reiling on behalf of Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. Attorney Jarred Lee Reiling added to party Elizabeth Perry(pty:dft), Attorney Jarred Lee Reiling added to party Solid Landings, LLC(pty:dft), Attorney Jarred Lee Reiling added to party Stephen Fennelly(pty:dft). (Reiling, Jarred) |
| Filing 9 NOTICE of Attorney Appearance by Gerald Edward Greenberg on behalf of Elizabeth Perry, Solid Landings, LLC, Stephen Fennelly. Attorney Gerald Edward Greenberg added to party Elizabeth Perry(pty:dft), Attorney Gerald Edward Greenberg added to party Solid Landings, LLC(pty:dft), Attorney Gerald Edward Greenberg added to party Stephen Fennelly(pty:dft). (Greenberg, Gerald) |
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Filing 8
PAPERLESS ORDER granting #7 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Defendants Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd., Sky Toxicology Lab Management, LLC, and Sky Toxicology, Ltd. shall file and serve a responsive pleading or motion directed to Plaintiffs' #1 Complaint on or before June 22, 2016. Signed by Judge Robin L. Rosenberg on 5/18/2016. (nkl)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Axis Diagnostics, Inc., Eclipse Lab Management, LLC, Eclipse Toxicology, LTD, FT Lab Management, LLC, Frontier Toxicology, LTD, Hill Country Toxicology, Ltd., Sky Toxicology Lab Management, LLC, Sky Toxicology, Ltd.. Attorney Joanne M. O'Connor added to party Axis Diagnostics, Inc.(pty:dft), Attorney Joanne M. O'Connor added to party Eclipse Lab Management, LLC(pty:dft), Attorney Joanne M. O'Connor added to party Eclipse Toxicology, LTD(pty:dft), Attorney Joanne M. O'Connor added to party FT Lab Management, LLC(pty:dft), Attorney Joanne M. O'Connor added to party Frontier Toxicology, LTD(pty:dft), Attorney Joanne M. O'Connor added to party Hill Country Toxicology, Ltd.(pty:dft), Attorney Joanne M. O'Connor added to party Sky Toxicology Lab Management, LLC(pty:dft), Attorney Joanne M. O'Connor added to party Sky Toxicology, Ltd.(pty:dft). (Attachments: #1 Errata A-PROPOSED ORDER)(O'Connor, Joanne) |
| Filing 6 Corporate Disclosure Statement by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. identifying Corporate Parent UNITEDHEALTH GROUP, INC., for UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. (Mooney, Stephen) |
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by UnitedHealthcare Insurance Company, UnitedHealthcare of Florida, Inc., Unitedhealthcare Services, Inc. (Mooney, Stephen) |
| Filing 4 Summons Issued as to All Defendants. (lrz) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge James M. Hopkins is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz) |
| Filing 2 Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge James M. Hopkins (lrz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8679988, filed by UnitedHealthcare of Florida, Inc., UnitedHealthcare Insurance Company, Unitedhealthcare Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Mooney, Stephen) Modified on 4/25/2016 (jmd). |
| SYSTEM ENTRY - Docket Entry 1, oth_evt, filed on 04/25/2016, modified/deleted. (jmd) |
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