Lambert v. Signature Healthcare, LLC et al
| Claire Lambert |
| Signature Healthcare, LLC, Signature Healthcare Consulting Services, LLC, LPMM, INC., Stakeholder Payroll Services, LLC, LP Lake Worth, LLC and LP Manager, LLC |
| 9:2018cv81439 |
| October 22, 2018 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.
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| Filing 17 Defendant's MOTION to Stay re #3 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Compel Arbitration Proceedings Pending Defs' Motion to Dismiss & to Compel Arbitration by LP Lake Worth, LLC, LP Manager, LLC, LPMM, INC., Signature Healthcare Consulting Services, LLC, Signature Healthcare, LLC, Stakeholder Payroll Services, LLC. Attorney Sherril May Colombo added to party Signature Healthcare, LLC(pty:dft). Responses due by 1/3/2019 (Colombo, Sherril) |
| Filing 16 Joint SCHEDULING REPORT - Rule 26(f) by Claire Lambert (Garcia, Alejandro) |
Filing 15
PAPERLESS ORDER denying #13 Plaintiff Claire Lambert's Motion for Leave to File a Sur Reply. Plaintiff seeks to file a sur reply to Defendants' reply (DE #12 ) in support of Defendants' Motion to Dismiss and Compel Arbitration (DE #3 ) on the grounds that Defendants' reply includes hearsay, references unauthenticated documents, and contains novel factual allegations. For purposes of a motion to dismiss, a court must view the complaint in the light most favorable to the plaintiff and must take the factual allegations stated therein as true. Morgan v. Christenson, 582 Fed. Appx. 806, 809 (11th Cir. 2014). Because the law is clear on how courts should view factual allegations, evidentiary questions such as hearsay and authentication need not arise in the context of a motion to dismiss. As to Plaintiff's argument that Defendants assert novel factual allegations in their Reply, Plaintiff does not identify the factual allegations regarded as novel. "Judges are not like pigs, hunting for truffles buried in briefs." United States v. Dunkel, 927 F.2d 955, 956 (7th Cir. 1991). With so little information provided by Plaintiff, the Court cannot assess whether Defendants did, in fact, raise novel arguments that merit a sur reply. Accordingly, Plaintiff's Motion is denied. Signed by Judge Donald M. Middlebrooks on 12/17/2018. (kal)
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| Filing 14 NOTICE of Mediator Selection. Added Claire Lambert, Cori Flam Meltzer. (Garcia, Alejandro) |
| Filing 13 MOTION for Leave to File a Sur Reply by Claire Lambert. (Attachments: #1 Text of Proposed Order)(Garcia, Alejandro) |
| Filing 12 RESPONSE in Support re #3 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Compel Arbitration filed by LP Lake Worth, LLC, LP Manager, LLC, LPMM, INC., Signature Healthcare Consulting Services, LLC, Signature Healthcare, LLC, Stakeholder Payroll Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Alter, Lindsay) |
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Filing 11
PRETRIAL SCHEDULING ORDERAND ORDER REFERRING CASE TO MEDIATION. (Amended Pleadings due by 1/22/2019., Discovery due by 5/20/2019., Joinder of Parties due by 1/22/2019., Dispositive Motions due by 6/3/2019., In Limine Motions due by 6/3/2019., Motions due by 06/03/2019., Pretrial Stipulation due by 7/8/2019., Calendar Call set for 7/31/2019 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 8/5/2019 09:00 AM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 12/4/2018. See attached document for full details. (cds) #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. Date Modified on 12/6/2018 (cds).
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| Reset Deadlines Per DE#10. Replies due by 12/10/2018. (cqs) |
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Filing 10
PAPERLESS ORDER granting #8 Defendants' Motion for Extension of Time. Defendants shall file any reply in support of their Motion to Dismiss and to Compel Arbitration (DE #3 ) by December 10, 2018. Signed by Judge Donald M. Middlebrooks on 11/29/2018. (kal)
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Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE. Jury Trial set for 8/5/2019 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/31/2019 01:15 PM before Judge Donald M. Middlebrooks., ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Discovery Matters. Notice of Court Practice. Signed by Judge Donald M. Middlebrooks on 11/29/2018. See attached document for full details. (lbc) #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 8 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response in Opposition to Motion, Defendants' Motion to Dismiss and to Compel Arbitration by LP Lake Worth, LLC, LP Manager, LLC, LPMM, INC., Signature Healthcare Consulting Services, LLC, Signature Healthcare, LLC, Stakeholder Payroll Services, LLC. (Attachments: #1 Text of Proposed Order)(Alter, Lindsay) |
| Filing 7 RESPONSE in Opposition re #3 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Compel Arbitration filed by Claire Lambert. Replies due by 11/30/2018. (Attachments: #1 Affidavit)(Garcia, Alejandro) |
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Filing 6
PAPERLESS ORDER granting #5 Plaintiff Claire Lambert's Unopposed Motion for Extension of Time to File a Response to Defendants' Motion to Dismiss and Compel Arbitration. Plaintiff shall file any response to Defendants' Motion (DE #3 ) by November 23, 2018. Signed by Judge Donald M. Middlebrooks on 11/14/2018. (kal)
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| Filing 5 MOTION for Extension of Time to File Response/Reply/Answer as to #3 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Compel Arbitration by Claire Lambert. (Attachments: #1 Text of Proposed Order)(Garcia, Alejandro) |
| Filing 4 NOTICE of Change of Address by Alejandro Franklin Garcia (Garcia, Alejandro) |
| Filing 3 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Compel Arbitration by LP Lake Worth, LLC, LP Manager, LLC, LPMM, INC., Signature Healthcare Consulting Services, LLC, Signature Healthcare, LLC, Stakeholder Payroll Services, LLC. Attorney Lindsay Marie Alter added to party Signature Healthcare, LLC(pty:dft). Responses due by 11/13/2018 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Alter, Lindsay) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 400.00 receipt number 113C-11096531, filed by LP Lake Worth, LLC, LPMM, INC., Signature Healthcare Consulting Services, LLC, Stakeholder Payroll Services, LLC. No Answer and/or Motion to Dismiss attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Documents, #3 Exhibit B - Waiver of Service Email, #4 Exhibit C - Notice of Filing Notice of Removal)(Alter, Lindsay) Modified text on 10/23/2018 (ebz). |
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