LUCCIO et al v. REPROTECH, LTD et al
| LUCCIO, DESIREE LUCCIO and REED FRERICHS |
| REPROTECH, LTD, UNITED PARCEL SERVICE, SOUTH FLORIDA INSTITUTE FOR REPRODUCTIVE MEDICINE, P.A. and JENIFER DONNELLAN MCCARTHY, M.D. |
| 9:2016cv81703 |
| October 10, 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 |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2017. A more recent docket listing may be available from PACER.
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| Filing 65 STIPULATION of Dismissal (Voluntary) With Prejudice by REED FRERICHS, DESIREE LUCCIO (Rodriguez, Jose) |
Filing 64
PAPERLESS ORDER granting #63 Motion for Extension of Time. The parties shall have up to and including May 19, 2017 to file appropriate pleadings related to dismissal of action. Signed by Judge Robin L. Rosenberg on 4/20/2017. (bkd)
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| Filing 63 Defendant's MOTION for Extension of Time TO FILE APPROPRIATE PLEADINGS RELATED TO DISMISSAL OF ACTION re #62 Order Staying Case,, by UNITED PARCEL SERVICE. Responses due by 5/4/2017 (Attachments: #1 Exhibit A-PROPOSED ORDER)(O'Connor, Joanne) |
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Filing 62
ORDER STAYING CASE AND DIRECTING THE CLERK OF THE COURT TO CLOSE THIS CASE FOR STATISTICAL PURPOSES Motions terminated: #55 MOTION TO DISMISS #53 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by UNITED PARCEL SERVICE. Signed by Judge Robin L. Rosenberg on 3/21/2017. (yha) 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 61 NOTICE of Settlement by REED FRERICHS, DESIREE LUCCIO (Rodriguez, Jose) |
| Filing 60 REPLY to Response to Motion re #55 MOTION TO DISMISS #53 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by UNITED PARCEL SERVICE. (O'Connor, Joanne) |
| Filing 59 RESPONSE in Opposition re #55 MOTION TO DISMISS #53 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by REED FRERICHS, DESIREE LUCCIO. Replies due by 3/16/2017. (Rodriguez, Jose) |
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Filing 58
PAPERLESS ORDER granting #57 Joint Motion to Amend Scheduling Order to Extend Expert Discovery Deadlines. Plaintiffs' deadline to disclose the identity of expert witnesses and a summary of the opinions on which the witnesses expect to testify and to exchange expert witness summaries/reports pursuant to Federal Rule of Civil Procedure 26(a)(2) is hereby extended to April 3, 2017. Defendant's deadline to disclose the identity of expert witnesses and a summary of the opinions on which the witnesses expect to testify and to exchange expert witness summaries/reports pursuant to Federal Rule of Civil Procedure 26(a)(2) is hereby extended to June 2, 2017. All other pretrial deadlines remain in effect. Signed by Judge Robin L. Rosenberg on 3/3/2017. (nkl)
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| Filing 57 Joint MOTION to Amend/Correct #33 Scheduling Order, Order Referring Case to Mediation,,,, by REED FRERICHS, DESIREE LUCCIO. Responses due by 3/16/2017 (Rodriguez, Jose) |
| Filing 56 ANSWER and Affirmative Defenses to Amended Complaint by UNITED PARCEL SERVICE. (O'Connor, Joanne) |
| Filing 55 MOTION TO DISMISS #53 Amended Complaint FOR FAILURE TO STATE A CLAIM by UNITED PARCEL SERVICE. Responses due by 3/7/2017 (Attachments: #1 Exhibit UPS Tariff/Terms and Conditions of Service, #2 Exhibit UPS Rate/Service Guide, #3 Exhibit UPS Source Document)(O'Connor, Joanne) |
| Filing 54 ACKNOWLEDGMENT OF RECEIPT as to #43 Transmittal Letter Sent (yha) |
| Filing 53 First AMENDED COMPLAINT against UNITED PARCEL SERVICE, filed by DESIREE LUCCIO, REED FRERICHS.(Rodriguez, Jose) |
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Filing 52
PAPERLESS ORDER denying as moot #50 Motion to Expedite in light of docket entry 51. Signed by Judge Robin L. Rosenberg on 2/6/2017. (bkd)
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Filing 51
PAPERLESS ORDER denying #49 Motion to Stay as premature as there is no motion to dismiss before the Court. Signed by Judge Robin L. Rosenberg on 2/6/2017. (bkd)
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| Filing 50 MOTION to Expedite Briefing on UPS's Motion to Stay Discovery (Dkt. No. 49) by UNITED PARCEL SERVICE. (O'Connor, Joanne) |
| Filing 49 MOTION to Stay Discovery between UPS and Plaintiffs by UNITED PARCEL SERVICE. Responses due by 2/17/2017 (Attachments: #1 Exhibit Hadden v. Indian River Co. Docket Sheet, #2 Exhibit Tracy v. Florida Atl. Univ. Bd. of Trustee Docket Sheet, #3 Exhibit 2/25/17 correspondence between parties, #4 Exhibit 1/31/17 correspondence between parties, #5 Exhibit 2/1/17 correspondence between parties, #6 Exhibit 2/2/17 correspondence between parties, #7 Exhibit 2/3/17 correspondence between parties)(O'Connor, Joanne) |
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Filing 48
PAPERLESS ORDER denying #46 Motion for Leave to File. Signed by Judge Robin L. Rosenberg on 1/31/2017. (bkd)
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Filing 47
ORDER denying #11 Motion to Remand to State Court; denying #11 Motion for Attorney Fees; denying as moot #13 Motion to Dismiss for Failure to State a Claim; denying as moot #13 Motion to Dismiss. Signed by Judge Robin L. Rosenberg on 1/31/2017. (bkd)
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| Filing 46 Plaintiff's MOTION for Leave to File Limited Supplemental Memorandum in Support of Plaintiffs' Motion for Remand (DE 11) by REED FRERICHS, DESIREE LUCCIO. (Attachments: #1 Exhibit Plaintiffs' Limited Supplemental Memorandum in Support of Plaintiffs' Motion for Remand (DE 11))(Rodriguez, Jose) |
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Filing 45
PAPERLESS ORDER granting #44 Motion for Clarification. The Court will soon rule upon Plaintiffs' Motion to Remand #11 . At that time, the Court will address Plaintiffs' request to amend their complaint beyond the scope permitted by the Court at docket entry 42. Until such time as the Court rules on the pending Motion to Remand, Plaintiffs shall not amend their complaint and, to the extent the Court's Order at docket entry 42 required an amendment, that requirement is hereby vacated. Signed by Judge Robin L. Rosenberg on 1/27/2017. (bkd)
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| Filing 44 Defendant's MOTION for clarification 42 Order on Motion to Amend/Correct,,,, Order on Motion to Remand,,,, Order on Motion to Remand to State Court,,,,,,, by UNITED PARCEL SERVICE. Responses due by 2/10/2017 (O'Connor, Joanne) |
| Filing 43 Transmittal Letter Sent with Certified Docket Sheet with Paperless Order Remanding Case as to Defendants to: 15th Judicial Circuit Court in Palm Beach, FL. State Court Case Number: 16-CA-006570 (yha) |
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Filing 42
PAPERLESS ORDER granting Defendant Reprotech's Motion to Sever and/or Remand [DE 20] and Defendant South Florida Institute and Jennifer McCarthy's Motion to Sever and Remand [DE 21] in light of the lack of any filed opposition to either motion. See Local Rule 7.1(c). The Clerk of the Court is ordered to REMAND this case as to the aforementioned Defendants to the Fifteenth Judicial Circuit in and for Palm Beach County. In light of this Order, Plaintiff's Motion to Amend [DE 36] is GRANTED IN PART AND DENIED AS MOOT IN PART insofar as Plaintiff shall have five (5) days from the date of rendition of this Order to file an amended complaint that corrects the corporate name of Defendant UPS and removes all Defendants from the complaint that have been remanded to state court. Signed by Judge Robin L. Rosenberg on 1/24/2017. (bkd)
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Filing 41
PAPERLESS ORDER granting #37 Motion to Amend/Correct. March 3, 2017: Plaintiffs' deadline to disclose the identity of expert witnesses and a summary of the opinions on which the witnesses expect to testify. April 3, 2017: Plaintiffs' deadline to exchange expert witness summaries/reports pursuant to Federal Rule of Civil Procedure 26(a)(2). May 1, 2017: Deadline to make Plaintiffs' experts available for deposition. May 1, 2017: Defendants' deadline to disclose the identity of experts witnesses, and to exchange expert witness summaries/reports pursuant to Federal Rule of Civil Procedure 26(a)(2). June 2, 2017: Deadline to make Defendants' experts available for deposition. Note: The above provisions pertaining to expert witnesses do not apply to treating physicians, psychologists or other health providers. Signed by Judge Robin L. Rosenberg on 1/23/2017. (bkd)
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| Filing 40 NOTICE of Attorney Appearance by Todd Robert McPharlin on behalf of REED FRERICHS, DESIREE LUCCIO. Attorney Todd Robert McPharlin added to party REED FRERICHS(pty:pla), Attorney Todd Robert McPharlin added to party DESIREE LUCCIO(pty:pla). (McPharlin, Todd) |
| Filing 39 RESPONSE in Opposition re #36 Plaintiff's MOTION to Amend/Correct Complaint filed by REPROTECH, LTD. Replies due by 1/26/2017. (Diaz, Erin) |
| Filing 38 RESPONSE in Opposition re #36 Plaintiff's MOTION to Amend/Correct Complaint filed by UNITED PARCEL SERVICE. Replies due by 1/26/2017. (Attachments: #1 Exhibit 1 - Emails)(O'Connor, Joanne) |
| Filing 37 Agreed MOTION to Amend/Correct #33 Scheduling Order,,, Order Referring Case to Mediation,, by REED FRERICHS, DESIREE LUCCIO. Responses due by 2/2/2017 (Attachments: #1 Text of Proposed Order Amended (Proposed) Scheduling Order)(Rodriguez, Jose) |
| Filing 36 Plaintiff's MOTION to Amend/Correct Complaint by REED FRERICHS, DESIREE LUCCIO. Responses due by 1/19/2017 (Attachments: #1 Exhibit)(Rodriguez, Jose) |
| Filing 35 Initial Disclosure(s) by REPROTECH, LTD (Diaz, Erin) |
| Filing 34 REPORT REGARDING Mediator's Report by REED FRERICHS, DESIREE LUCCIO (Rodriguez, Jose) |
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Filing 33
SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 1/5/2017., Discovery due by 7/3/2017., Joinder of Parties due by 1/5/2017., In Limine Motions due by 7/24/2017., Dispositive Motions due by 7/24/2017., Motions due by 7/24/2017., Pretrial Stipulation due by 10/11/2017.), ORDER REFERRING CASE to Mediation. Signed by Judge Robin L. Rosenberg on 12/8/2016. (yha) #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 32
ORDER granting #25 Motion to Withdraw as Attorney. Attorney James Joseph Wicker, II terminated. Added: attorney Erin Moss Diaz for REPROTECH, LTD. Signed by Magistrate Judge James M. Hopkins on 12/7/2016. (hky)
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| Filing 31 Joint SCHEDULING REPORT - Rule by UNITED PARCEL SERVICE (O'Connor, Joanne) |
| Filing 30 NOTICE OF UNAVAILABILITY by REED FRERICHS, DESIREE LUCCIO for dates of 12-19-2016 through 12-30-2016 (Rodriguez, Jose) |
| Filing 29 REPLY to Response to Motion re #13 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss #1 Notice of Removal (State Court Complaint), filed by UNITED PARCEL SERVICE. (O'Connor, Joanne) |
| Filing 28 RESPONSE in Opposition re #11 Plaintiff's MOTION to Remand to State Court & Motion for Attorneys' Fees and Costs MOTION for Attorney Fees filed by UNITED PARCEL SERVICE. Replies due by 12/1/2016. (O'Connor, Joanne) |
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Filing 27
*Endorsed Order Approving the Parties' Jointly Proposed Confidentiality Stipulation (DE 23). Signed by Magistrate Judge James M. Hopkins on 11/21/2016. (hky)
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| Filing 26 NOTICE of Change of Address by Jose Javier Rodriguez (Rodriguez, Jose) |
| Filing 25 MOTION to Withdraw as Attorney by J.J. Wicker. by REPROTECH, LTD. Responses due by 12/8/2016 (Attachments: #1 Exhibit)(Wicker, James) |
| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by REED FRERICHS, DESIREE LUCCIO (Attachments: #1 Text of Proposed Order)(Rodriguez, Jose) |
| Filing 23 STIPULATION Consent Protective Order by UNITED PARCEL SERVICE (O'Connor, Joanne) |
| Filing 22 RESPONSE in Opposition re #13 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss #1 Notice of Removal (State Court Complaint), filed by REED FRERICHS, DESIREE LUCCIO. Replies due by 12/1/2016. (Rodriguez, Jose) |
| Filing 21 Defendant's MOTION to Remand to State Court by JENIFER DONNELLAN MCCARTHY, M.D., SOUTH FLORIDA INSTITUTE FOR REPRODUCTIVE MEDICINE, P.A.. Attorney Mary Katherine Hunter added to party JENIFER DONNELLAN MCCARTHY, M.D. (pty:dft), Attorney Mary Katherine Hunter added to party SOUTH FLORIDA INSTITUTE FOR REPRODUCTIVE MEDICINE, P.A.(pty:dft). (Attachments: #1 Exhibit Subject complaint)(Hunter, Mary) |
| Filing 20 Defendant's MOTION to Remand , MOTION to Remand to State Court by REPROTECH, LTD. (Attachments: #1 Exhibit)(Wicker, James) |
| Filing 19 Certificate of Interested Parties/Corporate Disclosure Statement by REPROTECH, LTD (Wicker, James) |
| Filing 18 NOTICE of Attorney Appearance by James Joseph Wicker, II on behalf of REPROTECH, LTD (Wicker, James) |
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Filing 17
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE JAMES M. HOPKINS Signed by Magistrate Judge James M. Hopkins on 11/7/2016. (yha)
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Filing 16
ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joshua L. Harris. Signed by Magistrate Judge James M. Hopkins on 11/7/2016. (hky)
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Filing 15
ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward P. Bonapfel. Signed by Magistrate Judge James M. Hopkins on 11/7/2016. (hky)
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| Filing 14 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by UNITED PARCEL SERVICE. (O'Connor, Joanne) |
| Filing 13 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss #1 Notice of Removal (State Court Complaint), ( Responses due by 11/21/2016) by UNITED PARCEL SERVICE. (Attachments: #1 Exhibit 1-UPS Tariff/Terms Conditions of Service, #2 Exhibit 2-UPS Rate/Service Guide, #3 Exhibit 3-10/26/13 Delivery Service Invoice)(O'Connor, Joanne) |
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Filing 12
SCHEDULING ORDER: ( Status Conference set for 10/11/2017 at 9:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Jury Trial set for 10/30/2017 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 10/25/2017 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge James M. Hopkins for Discovery Matters. Signed by Judge Robin L. Rosenberg on 11/4/2016. (pes) #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 11 Plaintiff's MOTION to Remand to State Court & Motion for Attorneys' Fees and Costs by REED FRERICHS, DESIREE LUCCIO. (Rodriguez, Jose). Added MOTION for Attorney Fees on 11/3/2016 (yha). |
| Filing 10 Certificate of Interested Parties/Corporate Disclosure Statement by REED FRERICHS, DESIREE LUCCIO (Rodriguez, Jose) |
| Filing 9 NOTICE of Attorney Appearance by Jose Javier Rodriguez on behalf of REED FRERICHS, DESIREE LUCCIO (Rodriguez, Jose) |
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Filing 8
PAPERLESS ORDER granting in part and denying in part #7 Joint Motion for Extension of Time for Defendant UPS to respond to the Complaint and for Plaintiffs to File a Motion to Remand. Defendant UPS is hereby required to file its Answer on or before 11/4/2016. The requested extension for Plaintiff to file a Motion to Remand is denied. The deadline of November 9, 2016 shall remain in place. Signed by Judge Robin L. Rosenberg on 10/21/2016. (as00)
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| Filing 7 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), AND PLAINTIFFS TO FILE A MOTION TO REMAND by UNITED PARCEL SERVICE. (Attachments: #1 Exhibit A - PROPOSED ORDER)(O'Connor, Joanne) |
| Filing 6 Corporate Disclosure Statement by UNITED PARCEL SERVICE identifying Corporate Parent United Parcel Service, Inc., a Delaware corporation for UNITED PARCEL SERVICE (O'Connor, Joanne) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua L. Harris. Filing Fee $ 75.00 Receipt # 113C-9185526 by UNITED PARCEL SERVICE. Responses due by 11/7/2016 (O'Connor, Joanne) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward P. Bonapfel. Filing Fee $ 75.00 Receipt # 113C-9185504 by UNITED PARCEL SERVICE. Responses due by 11/7/2016 (O'Connor, Joanne) |
| 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. (fbn) |
| Filing 2 Judge Assignment to Judge Robin L. Rosenberg (fbn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9150851, filed by UNITED PARCEL SERVICE. (Attachments: #1 Exhibit 1 - COMPLAINT AND SUMMONS, #2 Exhibit 2 - OTHER PLEADINGS, #3 Civil Cover Sheet)(O'Connor, Joanne) |
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