Kawa Orthodontics LLP v. Laboratory Corporation of America Holdings et al
| Kawa Orthodontics LLP |
| Laboratory Corporation of America and Laboratory Corporation of America Holdings |
| 9:2019cv80521 |
| April 16, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
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Filing 31
AGREED PROTECTIVE ORDER; granting #28 Unopposed Motion for Entry of HIPAA Qualified Protective Order Signed by Judge Donald M. Middlebrooks on 7/8/2019. See attached document for full details. (jas)
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Filing 30
PAPERLESS ORDER denying as moot #21 Motion to Dismiss. In light of the First Amended Complaint (DE #25 ), the Motion to Dismiss is denied as moot. Signed by Judge Donald M. Middlebrooks on 7/3/2019. (sfr)
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| Filing 29 MOTION to Dismiss with Prejudice #25 Amended Complaint And Supporting Memorandum of Law. by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 7/16/2019 (Attachments: #1 Exhibit 1: WellCare Amendment C)(Luzadder, Matthew) |
| Filing 28 Unopposed MOTION for Protective Order Unopposed Motion for Entry of HIPAA Qualified Protective Order by Laboratory Corporation of America, Laboratory Corporation of America Holdings. (Attachments: #1 Proposed Stipulated HIPAA Qualified Protective Order)(Luzadder, Matthew) |
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Filing 27
AGREED PROTECTIVE ORDER;granting #26 Motion for Protective Order. Signed by Judge Donald M. Middlebrooks on 6/21/2019. See attached document for full details. (ail)
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| Filing 26 Unopposed MOTION for Protective Order by Kawa Orthodontics LLP. (Attachments: #1 Exhibit A - Agreed Confidentiality Order)(Good, Ross) |
| Filing 25 First AMENDED COMPLAINT against All Defendants, filed by Kawa Orthodontics LLP. (Attachments: #1 Exhibit A - 2-6-19 Fax, #2 Exhibit B - 4-17-19 Fax)(Good, Ross) |
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Filing 24
PAPERLESS ORDER granting #23 Motion for Extension of Time. Plaintiff shall file any response to Defendants' Motion to Dismiss (DE #21 ) on or by June 25, 2019. Signed by Judge Donald M. Middlebrooks on 6/12/2019. (sfr)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #21 Corrected MOTION to Dismiss with Prejudice #1 Complaint, And Supporting Memorandum of Law. by Kawa Orthodontics LLP. (Good, Ross) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by Kawa Orthodontics LLP (Kelly, Ryan) |
| Filing 21 Corrected MOTION to Dismiss with Prejudice #1 Complaint, And Supporting Memorandum of Law. by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 6/11/2019 (Attachments: #1 Exhibit 1: Amendment to Participating Provider Agreement)(Luzadder, Matthew) |
| Filing 20 NOTICE of Striking #19 MOTION to Dismiss with Prejudice #1 Complaint, And Supporting Memorandum of Law. filed by Laboratory Corporation of America, Laboratory Corporation of America Holdings by Laboratory Corporation of America, Laboratory Corporation of America Holdings (Luzadder, Matthew) |
| Filing 19 **STRICKEN** MOTION to Dismiss with Prejudice #1 Complaint, And Supporting Memorandum of Law. by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 6/11/2019 (Attachments: #1 Exhibit 1: Amendment to Participating Provider Agreement)(Luzadder, Matthew) Terminated and Modified on 5/29/2019per DE #20 Notice (ail). |
| Filing 18 NOTICE by Kawa Orthodontics LLP re #16 Scheduling Order,,,, Order Referring Case to Mediation,,, NOTICE OF SELECTION OF MEDIATOR (Kelly, Ryan) |
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Filing 17
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert Steiner; granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lauri A. Mazzuchetti; and granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Whitney M. Smith. Signed by Judge Donald M. Middlebrooks on 5/13/2019. (sfr)
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Filing 16
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 6/24/2019., Discovery due by 11/18/2019., Joinder of Parties due by 6/24/2019., In Limine Motions due by 12/16/2019., Dispositive Motions due by 12/16/2019., Motions due by 12/16/2019., Pretrial Stipulation due by 1/21/2020.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 5/10/2019. See attached document for full details. (amb) #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 15 PAPERLESS Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 5/10/2019. Attorney Appearance(s): Ryan Michael Kelly for Plaintiff; Matthew Charles Luzadder, Robert I. Steiner, and Whitney M. Smith for Defendants. Total time in court: 11 minutes. Pretrial scheduling matters discussed. Scheduling Order to follow. (Digital 14:29:59) (js03) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Whitney M. Smith. Filing Fee $ 75.00 Receipt # 113C-11634360 by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 5/24/2019 (Luzadder, Matthew) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lauri A. Mazzuchetti. Filing Fee $ 75.00 Receipt # 113C-11634341 by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 5/24/2019 (Luzadder, Matthew) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert Steiner. Filing Fee $ 75.00 Receipt # 113C-11634308 by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 5/24/2019 (Luzadder, Matthew) |
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Filing 11
PAPERLESS ORDER granting in part #9 Motion for Extension of Time and denying #10 the Parties' Joint Motion to Continue. The deadline by which Defendants must file any response to Plaintiff's Complaint (DE #1 ) shall be extended to May 28, 2019. As for the Parties' Joint Motion, good cause has not been shown to continue the trial date indefinitely. To the extent the Parties are unable to meet a specific deadline, they may move for an extension of time as to that deadline if they set forth specific facts to establish good cause for their inability to meet that deadline. Such a motion will be granted if it is clear that the Parties cannot meet a particular deadline despite their exercise of diligence. Generalized assertions regarding the complexity of this matter are insufficient. The Parties also have not shown good cause to continue the telephonic scheduling conference set for May 10, 2019. Although the Parties assert that Defendant's lead counsel is unavailable, it seems that Defendant's co-counsel is available to call into the telephonic scheduling conference. Accordingly, the Parties' Joint Motion is denied. Signed by Judge Donald M. Middlebrooks on 5/9/2019. (sfr)
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| Filing 10 Joint MOTION to Continue Telephonic Scheduling Conference and Modify Existing Trial Date by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Responses due by 5/23/2019 (Attachments: #1 Text of Proposed Order)(Luzadder, Matthew) |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Laboratory Corporation of America, Laboratory Corporation of America Holdings. Attorney Matthew Charles Luzadder added to party Laboratory Corporation of America(pty:dft), Attorney Matthew Charles Luzadder added to party Laboratory Corporation of America Holdings(pty:dft). (Attachments: #1 Text of Proposed Order)(Luzadder, Matthew) |
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Filing 8
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for May 10, 2019 at 2:30 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. 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 multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 4/25/2019. (spe)
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| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kawa Orthodontics LLP. Laboratory Corporation of America served on 4/22/2019, answer due 5/13/2019. (Kelly, Ryan) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kawa Orthodontics LLP. Laboratory Corporation of America Holdings served on 4/22/2019, answer due 5/13/2019. (Kelly, Ryan) |
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Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu pf or in addition to mediation if the parties so request. SCHEDULING ORDER: ( Jury Trial set for 2/18/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/12/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 4/22/2019. See attached document for full details. (amb) #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 4 NOTICE of Attorney Appearance by Ross Michael Good on behalf of Kawa Orthodontics LLP. Attorney Ross Michael Good added to party Kawa Orthodontics LLP(pty:pla). (Good, Ross) |
| Filing 3 Summons Issued as to Laboratory Corporation of America, Laboratory Corporation of America Holdings. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. 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. (amb) |
| Filing 1 COMPLAINT - CLASS ACTION against All Defendants. Filing fees $ 400.00 receipt number 113C-11562271, filed by Kawa Orthodontics LLP. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Laboratory Corporation of America Holdings, #3 Summon(s) Laboratory Corporation of America, #4 Exhibit A - copy of fax)(Kelly, Ryan) |
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