Humana Pharmacy Solutions, Inc. et al v. Michelin et al
| HUMANA HEALTH PLAN, INC., a Kentucky corporation, HUMANA INSURANCE COMPANY, a Wisconsin corporation, CHA HMO, Inc., Humana Employers Health Plan of Georgia, Inc., Careplus Health Plans, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc., HUMANA HEALTH PLAN, INC. and HUMANA INSURANCE COMPANY |
| Reliable Medical Supplies, Inc., Reliable Document Solutions, LLC, Franklyn Michelin, M.D. Jeffrey Stern, Quivvy Tech Corp., M.D. Elie Joseph Hercule, M.D. Samuel Teniola, M.D. Luis Mojicar, M.D. Jeffrey A. Mahon and M.D. Ananda De Silva |
| 9:2020cv81361 |
| August 20, 2020 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Bruce E Reinhart |
| Rodney Smith |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Defendant |
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| Filing 170 STIPULATION of Dismissal (JOINT) With Prejudice of Plaintiffs' Claims as to Defendant Franklyn Michelin and Plaintiffs' Stipulation of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Quivvy Tech Corp., Reliable Document Solutions, LLC and Reliable Medical Supplies, Inc. by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
Filing 169
Order Administratively Closing Case. Signed by Judge Aileen M. Cannon on 5/3/2022. See attached document for full details. (drz)
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| Filing 168 NOTICE of Settlement (JOINT) as to Defendant Franklyn Michelin by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 167 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on April 20, 2022. The remaining parties discussed their settlement efforts and acknowledged the discovery deadline of July 18, 2022. Total time in court: 10 minutes. Attorney Appearances: Benjamin C. Glassman, Marshall Norman Lahiff. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (dsy) |
| Filing 166 PAPERLESS NOTICE of Hearing: Status Conference set for 4/20/2022 11:15 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The zoom link and information will be emailed to the attorneys of record. (tgs) |
| Filing 165 STATUS REPORT (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
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Filing 164
ORDER DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANT LUIS MOJICAR re #163 Stipulation of Dismissal. Luis Mojicar (an individual) terminated. Signed by Judge Aileen M. Cannon on 2/9/2022. See attached document for full details. (ail) Text Modified on 2/25/2022 (ail).
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| Filing 163 STIPULATION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Luis Mojicar (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 162 NOTICE of Change of Address, Email or Law Firm Name by Kimberly J. Donovan (Donovan, Kimberly) |
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Filing 161
ORDER FOLLOWING STATUS CONFERENCE, discharging #156 Order to Show Cause (Status Report due by 3/1/2022.) Signed by Judge Aileen M. Cannon on 1/12/2022. See attached document for full details. (pcs)
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| Filing 160 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on January 12, 2022. The parties updated the Court on their settlement efforts. Order to follow. Total time in court: 15 minutes. Attorney appearances: Benjamin C. Glassman, Michele L. Noble, Kimberly J. Donovan, Marshall Norman Lahiff, Eric Charles Boughman. Other appearance: Franklyn Michelin. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (dsy) |
| Filing 159 NOTICE of Attorney Appearance by Marshall Norman Lahiff on behalf of Franklyn Michelin, Quivvy Tech Corp.. Attorney Marshall Norman Lahiff added to party Franklyn Michelin(pty:dft), Attorney Marshall Norman Lahiff added to party Quivvy Tech Corp.(pty:dft). (Lahiff, Marshall) |
| Filing 158 NOTICE of Attorney Appearance by Armando Pedro Rubio on behalf of Franklyn Michelin, Quivvy Tech Corp.. Attorney Armando Pedro Rubio added to party Franklyn Michelin(pty:dft), Attorney Armando Pedro Rubio added to party Quivvy Tech Corp.(pty:dft). (Rubio, Armando) |
| Filing 157 MEDIATION REPORT by Harry R. Schafer. Disposition: Settled in part.(Donovan, Kimberly) |
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Filing 156
DISCHARGED per Order DE #161 . ORDER TO SHOW CAUSE re #124 Order on Motion for Extension of Time to Mediate. Show Cause Response due by 1/11/2022. Signed by Judge Aileen M. Cannon on 1/10/2022. See attached document for full details. (drz) Modified on 1/12/2022 (pcs).
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| Filing 155 SECOND Clerk's Notice of Undeliverable Mail re 136 Clerk's Notice of Undeliverable Mail,, 137 Clerk's Notice of Undeliverable Mail,. US Mail returned for: Reliable Document Solutions, LLC. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) |
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Filing 154
ORDER DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANT JEFFREY STERN. Jeffrey Stern terminated. Signed by Judge Aileen M. Cannon on 1/3/2022. See attached document for full details. (lbc)
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| Filing 153 STIPULATION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Jeffrey Stern (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 152 PAPERLESS NOTICE of Hearing: Status Conference set for 1/12/2022 01:15 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) |
| Filing 151 SECOND Clerk's Notice of Undeliverable Mail re #148 Order, 144 Order on Motion for Extension of Time,. US Mail returned for: Reliable Medical Supplies, Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
| Filing 150 SECOND Clerk's Notice of Undeliverable Mail re #142 Order,, Terminate Motions,, Terminate Parties,. US Mail returned for: Quivvy Tech Corp.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) |
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Filing 149
ORDER DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANTS ANANDA DESILVA AND SAMUEL TENIOLA. Order Dismissing Party Ananda De Silva (an individual) and Samuel Teniola (an individual) re #147 Stipulation of Dismissal, #146 Stipulation of Dismissal, Signed by Judge Aileen M. Cannon on 12/1/2021. See attached document for full details. (amb) Modified on 12/9/2021 (tgs).(fixed typo)
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Filing 148
ORDER Requiring Stipulation for Dismissal as to Defendant Jeffrey Stern. Signed by Judge Aileen M. Cannon on 11/30/2021. See attached document for full details. (ls)
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| Filing 147 STIPULATION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Samuel Teniola (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 146 STIPULATION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Ananda DeSilva by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 145 NOTICE of Settlement (JOINT) as to Defendant Jeffrey Stern by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
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Filing 144
PAPERLESS ORDER granting #143 Plaintiffs' Motion for an Extension of Time to File Motion to Amend Pleadings and/or Join Parties. The parties may file motions to amend pleadings or to join parties on or before November 29, 2021. Signed by Judge Aileen M. Cannon on 11/23/2021. (dsy)
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| Filing 143 Plaintiff's MOTION for Extension of Time to File Motion to Amend Pleadings and/or Join Parties by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Responses due by 12/6/2021 (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Motion for an Extension of Time to Amend Pleadings and or Join Parties)(Donovan, Kimberly) |
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Filing 142
ORDER DISMISSING PLAINTIFFS' CLAIMS AGAINST DEFENDANTS JEFFREY MAHON AND ELIE HERCULE re #140 STIPULATION/MOTION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Jeffrey Mahon AND #141 STIPULATION/MOTION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Elie Hercule. Signed by Judge Aileen M. Cannon on 11/17/2021. See attached document for full details. (ail)
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| Filing 141 STIPULATION/MOTION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Elie Hercule (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Attachments: #1 Text of Proposed Order Order Granting Joint Stipulation of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Elie Hercule)(Donovan, Kimberly) Event Modified on 11/17/2021 (ail). |
| Filing 140 STIPULATION/MOTION of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Jeffrey Mahon (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Attachments: #1 Text of Proposed Order Order Granting Joint Stipulation of Dismissal With Prejudice of Plaintiffs' Claims as to Defendant Jeffrey Mahon)(Donovan, Kimberly) Event Modified on 11/17/2021 (ail). |
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Filing 139
ORDER REQUIRING STIPULATION FOR DISMISSAL. Signed by Judge Aileen M. Cannon on 11/11/2021. See attached document for full details. (jas)
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| Filing 138 NOTICE of Settlement as to Defefendants Jeffrey Mahon, Elie Hercule and Samuel Teniola (JOINT) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 137 FIRST Clerk's Notice of Undeliverable Mail re #133 Order Striking,, Order Directing Clerk to Enter Default, 135 Status Conference,, #134 Clerks Entry/Non-Entry of Default,. US Mail returned for: Quivvy Tech Corp.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) |
| Filing 136 FIRST Clerk's Notice of Undeliverable Mail re #133 Order Striking,, Order Directing Clerk to Enter Default, 135 Status Conference,, #134 Clerks Entry/Non-Entry of Default, 132 Order on Motion for Clerks Entry of Default,, filed by Reliable Document Solutions, LLC, Quivvy Tech Corp., Reliable Medical Supplies, Inc.. US Mail returned for: Reliable Medical Supplies, Inc.. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) |
| Filing 135 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on November 1, 2021. The parties discussed Defendants Quivvy Tech Corp., Reliable Document Solutions, LLC, and Reliable Medical Supplies, Inc.'s failure to retain counsel and the parties' upcoming mediation hearing on November 5, 2021 at 9:00 A.M. Order to follow. Total time in court: 25 minutes. Attorney appearance(s): Benjamin C. Glassman, Michele L. Noble, Kimberly J. Donovan, Eric Charles Boughman, Jeffrey S. Howell, Sean Michael Ellsworth, Neal Russell Sonnett. Other appearance(s): Franklyn Michelin (appearing pro se). Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (dsy) |
| Filing 134 Clerks Entry of Default as to Quivvy Tech Corp, Reliable Document Solutions, LLC AND Reliable Medical Supplies, Inc. per Order Directing Clerk to Enter Default Re: #133 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 11/1/2021. (ail) |
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Filing 133
ORDER STRIKING #116 Answer to Complaint filed by Franklyn Michelin, #131 Answer to Complaint filed by Reliable Document Solutions, LLC, Quivvy Tech Corp., Franklyn Michelin and Order Directing Clerk to Enter Defaults as to Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc. Signed by Judge Aileen M. Cannon on 11/1/2021. See attached document for full details. (ail)
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| Filing 132 PAPERLESS ORDER by Clerk of Non-Entry of Default re #130 Motion for Clerks Entry of Default as to Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc. Reason: Responsive pleadings (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Defaults for failure to comply with a Court Order are addressed to the Court. Signed by DEPUTY CLERK on 10/28/2021. See attached document for full details. (ail) |
| Filing 131 **STRICKEN** ANSWER to Complaint with Jury Demand by Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC. (ail) Text Modified on 11/1/2021 per DE #133 ORDER(ail). |
| Filing 130 Plaintiff's MOTION for Clerks Entry of Default as to Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc. by Humana Employers Health Plan of Georgia, Inc., HUMANA INSURANCE COMPANY, Humana Pharmacy Solutions, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Medical Plan, Inc., Careplus Health Plans, Inc.. (Donovan, Kimberly) |
| eset Deadlines Per DE#129. Amended Complaint due by 11/22/2021. Joinder of Parties due by 11/22/2021. (cqs) |
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Filing 129
PAPERLESS ORDER granting #128 Unopposed Motion for an Extension of Time to File Motion to Amend Pleadings and/or Join Parties. The parties shall file all motions to amend pleadings or to join parties on or before November 22, 2021. Signed by Judge Aileen M. Cannon on 10/23/2021. (dsy)
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| Filing 128 Unopposed MOTION for Extension of Time to File Motion to Amend Pleadings and/or Join Parties by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Responses due by 11/5/2021 (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Unopposed Motion for an Extension of Time to File Motions to Amend Pleadings or Join Parties)(Donovan, Kimberly) |
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Filing 127
PAPERLESS ORDER granting #126 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Benjamin C. Glassman. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on September 16, 2021. (ahz)
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| Filing 126 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin C. Glassman. Filing Fee $ 200.00 Receipt # AFLSDC-15014371 by HUMANA HEALTH PLAN, INC.. Responses due by 9/29/2021 (Attachments: #1 Exhibit Proposed Order granting motion to appear pro hac vice)(Donovan, Kimberly) |
| Filing 125 Consent by Pro Se Litigant (Non-Prisoner) Franklyn Michelin to receive Notices of Electronic Filing at email address: frankmichelin@gmail.com (ail) |
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Filing 124
ORDER GRANTING MOTION AND RESCHEDULING MEDIATION. ORDER granting #123 Motion for Extension of Time to Mediate. Signed by Judge Aileen M. Cannon on 9/7/2021. See attached document for full details. (amb)
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| Deadline(s)/Hearing(s) terminated per De #124 Order. (amb) |
| Filing 123 MOTION for Extension of Time to Mediate Unopposed motion to reschedule mediation by HUMANA HEALTH PLAN, INC.. (Attachments: #1 Exhibit Proposed Order on Motion for Leave to Reschedule Mediation)(Donovan, Kimberly) |
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Filing 122
ORDER GRANTING MOTION AND SETTING FORTH SECOND AMENDED SCHEDULING ORDER. Granting #118 Motion to Continue. Amended Pleadings due by 10/25/2021. Discovery due by 7/18/2022. Expert Discovery due by 7/18/2022. Joinder of Parties due by 10/25/2021. Dispositive Motions due by 8/12/2022. In Limine Motions due by 11/7/2022. Motions due by 8/12/2022. Pretrial Stipulation due by 11/7/2022. Calendar Call set for 11/29/2022 at 1:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Trial set for 12/5/2022 at 9:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Signed by Judge Aileen M. Cannon on 9/1/2021. See attached document for full details. (ail)
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Filing 121
ORDER FOLLOWING STATUS CONFERENCE HEARING: Deadline to obtain new counsel 9/17/2021. Signed by Judge Aileen M. Cannon See attached document for full details. (ail)
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| Filing 120 PAPERLESS NOTICE of Hearing: Status Conference set for 11/1/2021 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) |
| Filing 119 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference Hearing held on September 1, 2021. The Court heard discussion from the parties concerning the status of discovery, the pending Joint Motion to Continue Trial and Extend Pre-Trial Deadlines, and Defendant Franklyn Michelin's efforts to obtain counsel on behalf of himself and the corporate defendants Quivvy Tech Corp., Reliable Document Solutions, LLC, and Reliable Medical Supplies, Inc. Written Orders to follow. Total time in court: 20 minutes. Attorney Appearance(s): Kimberly J. Donovan, Michele L. Noble, Franklin G. Monsour, Jr, Michael Sean Brown, Jeffrey S. Howell, Eric Charles Boughman, Neal Russell Sonnett, Sean Michael Ellsworth. (ahz) |
| Filing 118 Joint MOTION to Continue Trial and Extend Pre-Trial Deadlines re #91 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,, by HUMANA HEALTH PLAN, INC.. Responses due by 9/10/2021 (Attachments: #1 Exhibit Agreed Order Granting Motion to Continue and Extend Pre-Trial Deadlines)(Donovan, Kimberly) |
| Filing 117 PAPERLESS NOTICE of Hearing: Status Conference set for 9/1/2021 12:00 PM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) |
| Filing 116 **STRICKEN** ANSWER to Complaint with Jury Demand by Franklyn Michelin. (ail) Text Modified on 11/1/2021 per DE133] ORDER(ail). |
| Filing 115 NOTICE of Service of Order Granting Motion to Withdraw and Related Relief by Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc. re #114 Order on Motion to Withdraw as Attorney, (Goldman, Peter) |
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Filing 114
ORDER GRANTING MOTION TO WITHDRAW. ORDER granting #107 Motion to Withdraw as Attorney. Peter Ronai Goldman representing Michelin, Franklyn (Defendant) and Quivvy Tech Corp. (Defendant) and Reliable Document Solutions, LLC (Defendant); and Reliable Medical Supplies, Inc. (Defendant); ; Attorney Gabriel L. Imperato representing Michelin, Franklyn (Defendant) and Quivvy Tech Corp. (Defendant); and Reliable Document Solutions, LLC (Defendant); and Reliable Medical Supplies, Inc. (Defendant); ; Attorney Christina P. Lehm representing Michelin, Franklyn (Defendant) and Quivvy Tech Corp. (Defendant); and Reliable Document Solutions, LLC (Defendant); and Reliable Medical Supplies, Inc. (Defendant); withdrawn from case. Deadline to obtain new counsel 8/16/2021. Signed by Judge Aileen M. Cannon on 7/16/2021. See attached document for full details. (amb)
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| Set/Reset Answer Due Deadline per DE #114 : Franklyn Michelin response due 8/16/2021; Quivvy Tech Corp. response due 8/16/2021; Reliable Document Solutions, LLC response due 8/16/2021; Reliable Medical Supplies, Inc. response due 8/16/2021. (amb) |
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Filing 113
PAPERLESS ORDER granting #109 Plaintiffs' Unopposed Motion for an Extension of Time to File Motion to Amend Pleadings and/or Join Parties. The deadline to file motions to amend pleadings or join additional parties is hereby enlarged to September 7, 2021. Signed by Judge Aileen M. Cannon on July 9, 2021. (ahz)
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| Filing 112 Dr. Jeffrey Stern's ANSWER and Affirmative Defenses to Complaint by Jeffrey Stern. (Sonnett, Neal) |
| Filing 111 Defendant, Luis Mojicar, M.D.'s ANSWER and Affirmative Defenses to Complaint by Luis Mojicar. (Boughman, Eric) |
| Filing 110 Defendant, Jeffrey Mahon, M.D.'s ANSWER and Affirmative Defenses to Complaint by Jeffrey A. Mahon. (Boughman, Eric) |
| Filing 109 Unopposed MOTION for Extension of Time to File Motion to Amend Pleadings and/or Join Parties by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Responses due by 7/20/2021 (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Unopposed Motion for an Extension of Time to File Motion to Amend Pleadings and/or Join Parties)(Donovan, Kimberly) |
| Filing 108 ANSWER to Complaint with Jury Demand by Samuel Teniola. (Ellsworth, Sean) |
| Filing 107 Unopposed MOTION to Withdraw as Attorney by Gabriel L. Imperato, Esq., Peter Goldman, Esq., Christina Lehm, Esq. and the law firm of Nelson Mullins Broad and Cassel for / by Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc.. Responses due by 7/16/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Goldman, Peter) |
| Set/Reset Answer Due Deadlines: Jeffrey A. Mahon response due 7/6/2021; Franklyn Michelin response due 7/6/2021; Luis Mojicar response due 7/6/2021; Quivvy Tech Corp. response due 7/6/2021; Reliable Document Solutions, LLC response due 7/6/2021; Reliable Medical Supplies, Inc. response due 7/6/2021; Jeffrey Stern response due 7/6/2021. SEE DE 106 PAPERLESS ORDER (ail) |
| Filing 106 PAPERLESS ORER directing Defendants Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc., M.D. Jeffrey A. Mahon, M.D. Luis Mojicar, and M.D. Jeffrey Stern to file answers to the Complaint #1 by no later than July 6, 2021. Signed by Judge Aileen M. Cannon on June 18, 2021. (ahz) |
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Filing 105
OMNIBUS ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS' MOTIONS TO DISMISS RE #61 Motion to Dismiss for Failure to State a Claim; #70 Motion to Dismiss for Failure to State a Claim AND #79 Motion to Dismiss for Failure to State a Claim. Signed by Judge Aileen M. Cannon on 6/15/2021. See attached document for full details. (ail)
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| Filing 104 NOTICE by Humana Pharmacy Solutions, Inc. Notice of Filing Returns of Service (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O) (Ganase, Ketan) |
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Filing 103
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART Signed by Magistrate Judge Bruce E. Reinhart on 6/3/2021. See attached document for full details. (ail)
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| Filing 102 Case Reassignment of Paired Magistrate Judge to Magistrate Judge Bruce E. Reinhart. Magistrate Judge Dave Lee Brannon no longer assigned to case. (bms) |
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Filing 101
PAPERLESS ORDER granting #100 Plaintiffs' Unopposed Motion for an Extension of Time to File Motion to Amend Pleadings and/or Join Parties. The parties shall file all motions to amend pleadings or join parties no later than July 30, 2021. Signed by Judge Aileen M. Cannon on May 18, 2021. (ahz)
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| Filing 100 Unopposed MOTION for Extension of Time Plaintiffs' Unopposed Motion for an Extension of Time to File Motion to Amend Pleadings and or Join Parties re #91 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,, 97 Order on Motion for Extension of Time, #96 Plaintiff's MOTION for Extension of Time to File Motions to Amend Pleadings or Join Parties by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Responses due by 6/1/2021 (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Ganase, Ketan) |
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Filing 99
ORDER Scheduling Mediation before Harry R Schafer, Esq - Mediation Hearing set for 9/9/2021 at 9:00 AM via Zoom Signed by Judge Aileen M. Cannon on 5/3/2021. See attached document for full details. (ail)
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| Filing 98 NOTICE of Filing Joint Proposed Order Scheduling Mediation by Humana Pharmacy Solutions, Inc. re #91 Scheduling Order,Order Referring Case to Magistrate Judge, (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Ganase, Ketan)Text Modified on 5/3/2021 (ail). |
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Filing 97
PAPERLESS ORDER granting #96 Plaintiffs' Unopposed Motion for an Extension of Time to File Motions to Amend Pleadings or Join Parties. The parties shall file all motions to amend pleadings or join parties no later than May 31, 2021. All other deadlines in the Court's Amended Scheduling Order #91 remain in effect. Signed by Judge Aileen M. Cannon on March 13, 2021. (ahz).
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| Filing 96 Plaintiff's MOTION for Extension of Time to File Motions to Amend Pleadings or Join Parties by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Responses due by 3/26/2021 (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Unopposed Motion for An Extension of Time to File Motions to Amend Pleadings or Join Parties)(Donovan, Kimberly) |
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Filing 95
ORDER DENYING MOTION TO SET ASIDE DEFAULT. ORDER denying #66 Motion to Set Aside. The Clerks Default [ECF No. 58] REMAINS IN EFFECT. Signed by Judge Aileen M. Cannon on 1/28/2021. See attached document for full details. (amb)
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| Filing 94 PAPERLESS ORDER granting #93 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michele L. Noble. Signed by U.S Magistrate Judge Dave Lee Brannon on 1/26/2021. (jb02) |
| Filing 93 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michele L. Noble. Pay.gov Agency Tracking ID FLSDC-14283197. Filing Fee $ 200.00 by Humana Pharmacy Solutions, Inc.. Responses due by 2/9/2021 (Donovan, Kimberly) |
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Filing 92
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 12/22/2020. See attached document for full details. (amb)
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Filing 91
AMENDED SCHEDULING ORDER. SCHEDULING ORDER: ( Jury Trial set for 7/18/2022 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 7/12/2022 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 3/30/2021., Discovery due by 12/20/2021., Expert Discovery due by 12/20/2021., Fact Discovery due by 12/20/2021., Joinder of Parties due by 3/30/2021., Mediation Deadline 1/21/2022., In Limine Motions due by 4/14/2022., Dispositive Motions due by 2/4/2022., Motions due by 2/4/2022., Pretrial Stipulation due by 4/14/2022.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Pretrial Non-Dispositive Matters. Magistrate Judge William Matthewman no longer assigned as presider/referral judge(s) in case. Signed by Judge Aileen M. Cannon on 12/21/2020. 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 90 Defendant's RESPONSE to #88 Response in Opposition to Motion, Specific To Defendant Dr. Stern's Motion To Dismiss Complaint by Jeffrey Stern. (Sonnett, Neal) |
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Filing 89
PAPERLESS ORDER Granting #80 Motion for Extension of Time to Reply to Re: #71 Response in Opposition to Motion, filed by Careplus Health Plans, Inc., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Pharmacy Solutions, Inc. Reply Due on or before 1/15/2021. Signed by Judge Aileen M. Cannon on 12/16/2020. (mno)
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| Filing 88 RESPONSE in Opposition re #82 MOTION to Adopt/Join #79 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Replies due by 12/22/2020. (Donovan, Kimberly) |
| Filing 87 REPLY to #84 Memorandum, #79 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Jeffrey A. Mahon, Luis Mojicar. (Boughman, Eric) |
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Filing 86
PAPERLESS ORDER denying as moot #78 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Aileen M. Cannon on 12/9/2020. (AMC)
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Filing 85
PAPERLESS ORDER granting #82 Motion to Adopt/Join. Signed by Judge Aileen M. Cannon on 12/9/2020. (AMC)
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| Filing 84 MEMORANDUM in Opposition to Defendants Dr. Mahon and Dr. Mojicar's Motion to Dismiss Complaint by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. (Donovan, Kimberly) |
| Filing 83 REPLY to Response to Motion re #70 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and failure to join indispensible partiesDefendant's MOTION for More Definite Statement filed by Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc.. (Lehm, Christina) |
| Filing 82 MOTION to Adopt/Join #79 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Jeffrey Stern. (Sonnett, Neal) |
| Filing 81 RESPONSE in Opposition re #70 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and failure to join indispensible partiesDefendant's MOTION for More Definite Statement filed by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Replies due by 12/4/2020. (Attachments: #1 Exhibit)(Ganase, Ketan) |
| Filing 80 Defendant Ananda Desilva's MOTION for Extension of Time to Obtain Counsel re #71 Response in Opposition to Motion, ( Responses due by 12/8/2020), MOTION for Extension of Time to File Response/Reply/Answer by Ananda De Silva. (amb) |
| Filing 79 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Jeffrey A. Mahon, Luis Mojicar. Responses due by 12/7/2020 (Boughman, Eric) |
| Filing 78 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Jeffrey Stern. (Sonnett, Neal) |
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Filing 77
ORDER REASSIGNING CASE to District Judge Aileen M Cannon for all further proceedings, Judge Rodney Smith no longer assigned to case. Signed by Judge Rodney Smith on 11/23/2020. See attached document for full details. (bms)
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Filing 76
AGREED HIPAA QUALIFIED PROTECTIVE ORDER AND ORDER PERMITTING DISCLOSURE OF PROTECTED HEALTH INFORMATION. Signed by Magistrate Judge William Matthewman on 11/19/2020. See attached document for full details. (kza)
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Filing 75
CONFIDENTIALITY ORDER AND PROTECTIVE ORDER. Signed by Magistrate Judge William Matthewman on 11/19/2020. See attached document for full details. (kza)
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Filing 74
PAPERLESS ORDER granting [DE 72] Joint Motion for Protective Order, and [DE 73] Joint Motion for Protective Order. The respective orders will be entered presently. Signed by Magistrate Judge William Matthewman on 11/19/2020. (zsa)
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| Filing 73 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated HIPAA Qualified Protective Order by Humana Pharmacy Solutions, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Donovan, Kimberly) |
| Filing 72 Joint MOTION for Protective Order Joint Motion for Entry of Stipulated Confidentiality and Protective Order by Humana Pharmacy Solutions, Inc.. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Donovan, Kimberly) |
| Filing 71 RESPONSE in Opposition re #66 MOTION to Set Aside #58 Clerks Entry/Non-Entry of Default filed by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Replies due by 11/24/2020. (Ganase, Ketan) |
| Filing 70 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and failure to join indispensible parties, Defendant's MOTION for More Definite Statement by Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc.. Responses due by 11/30/2020 (Lehm, Christina) |
| Filing 69 Certificate of Other Affiliates/Corporate Disclosure Statement by Samuel Teniola (Ellsworth, Sean) |
| Filing 68 REPLY to Response to Motion re #61 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Samuel Teniola. (Ellsworth, Sean) |
| Filing 67 RESPONSE in Opposition re #61 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY. Replies due by 11/10/2020. (Donovan, Kimberly) |
| Filing 66 MOTION to Set Aside Clerk's Default Entered on October 15,2020 re #58 Clerks Entry of Default, by Ananda De Silva. (kpe) |
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Filing 65
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 10/28/2020. See attached document for full details. (kza)
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Filing 64
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE: Trial set for 7/18/2022 before Judge Rodney Smith., Calendar Call set for 7/12/2022 at 9:00 AM before Judge Rodney Smith., Amended Pleadings due by 3/30/2021., Expert Discovery due by 12/31/2021., Fact Discovery due by 9/20/2021., Joinder of Parties due by 3/30/2021., Mediation Deadline 1/14/2022., In Limine Motions due by 6/10/2022., Dispositive Motions due by 2/4/2022., Motions due by 6/10/2022., Pretrial Stipulation due by 6/10/2022. Signed by Judge Rodney Smith on 10/28/2020. See attached document for full details. (ail) #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 63
ORDER OF REFERRAL TO MEDIATION (Mediation Deadline 1/14/2022). Signed by Judge Rodney Smith on 10/27/2020. See attached document for full details. (ail)
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| Filing 62 Initial Disclosure(s) by Elie Joseph Hercule (Brown, Michael) |
| Filing 61 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Samuel Teniola. Responses due by 11/3/2020 (Ellsworth, Sean) |
| Filing 60 Clerks Notice to Filer re #57 Notice (Other),. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ail) |
| Filing 59 ANSWER and Affirmative Defenses to Complaint by Elie Joseph Hercule. (Brown, Michael) |
| Filing 58 Clerks Entry of Default as to M.D. Ananda De Silva - Motions Terminated: #54 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 10/16/2020. (mc) |
| Filing 57 NOTICE by Humana Pharmacy Solutions, Inc. re #54 MOTION for Clerks Entry of Default as to Ananda De Silva (Attachments: #1 Exhibit A) (Ganase, Ketan) |
| Filing 56 Certificate of Other Affiliates/Corporate Disclosure Statement by Samuel Teniola (Ellsworth, Sean) |
| Filing 55 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Jeffrey Stern (Sonnett, Neal) |
| Filing 54 MOTION for Clerks Entry of Default as to Ananda De Silva by Humana Employers Health Plan of Georgia, Inc., HUMANA INSURANCE COMPANY, Humana Pharmacy Solutions, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Medical Plan, Inc., Careplus Health Plans, Inc.. (Attachments: #1 Declaration in Support of Motion)(Ganase, Ketan) |
| Filing 53 Certificate of Other Affiliates/Corporate Disclosure Statement by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. identifying Corporate Parent CareNetwork, Inc., Corporate Parent Humana Inc. for Careplus Health Plans, Inc.; Corporate Parent Humana Inc. for CHA HMO, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Ganase, Ketan) |
| Filing 52 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Ganase, Ketan) |
| Filing 51 SCHEDULING REPORT - Rule 16.1 by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Ganase, Ketan) |
| Filing 50 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jeffrey A. Mahon, Luis Mojicar (Boughman, Eric) |
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Filing 49
PAPERLESS ORDER granting #48 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Charles W. Sell. Signed by Judge Rodney Smith on 10/15/20. (cbn)
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| Filing 48 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles W. Sell. Filing Fee $ 200.00 Receipt # AFLSDC-13693823 by Jeffrey A. Mahon, Luis Mojicar. Responses due by 10/28/2020 (Boughman, Eric) |
| Filing 47 NOTICE of Attorney Appearance by Eric Charles Boughman on behalf of Jeffrey A. Mahon, Luis Mojicar. Attorney Eric Charles Boughman added to party Jeffrey A. Mahon(pty:dft), Attorney Eric Charles Boughman added to party Luis Mojicar(pty:dft). (Boughman, Eric) |
| Filing 46 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Franklyn Michelin, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc. (Lehm, Christina) |
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Filing 45
PAPERLESS ORDER granting #44 Jeffrey Stern's Agreed Motion for Extension of Time to Respond to Complaint. Jeffrey Stern shall file his response by November 23, 2020. The parties are reminded that, pursuant to prior Court order, multiple Plaintiffs or Defendants shall file joint dispositive motions, including motions to dismiss and motions for summary judgment, with co-parties unless there are clear conflicts of positions or grounds for relief. Signed by Judge Rodney Smith on 10/4/2020. (cbn)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Jeffrey Stern. (Sonnett, Neal) |
| Filing 43 NOTICE of Attorney Appearance by Neal Russell Sonnett on behalf of Jeffrey Stern. Attorney Neal Russell Sonnett added to party Jeffrey Stern(pty:dft). (Sonnett, Neal) |
| Filing 42 NOTICE of Attorney Appearance by Christina P. Lehm on behalf of Franklyn Michelin, Reliable Document Solutions, LLC. Attorney Christina P. Lehm added to party Franklyn Michelin(pty:dft), Attorney Christina P. Lehm added to party Reliable Document Solutions, LLC(pty:dft). (Lehm, Christina) |
| Filing 41 NOTICE of Attorney Appearance by Peter Ronai Goldman on behalf of Franklyn Michelin, Reliable Document Solutions, LLC. Attorney Peter Ronai Goldman added to party Franklyn Michelin(pty:dft), Attorney Peter Ronai Goldman added to party Reliable Document Solutions, LLC(pty:dft). (Goldman, Peter) |
| Filing 40 NOTICE of Attorney Appearance by Gabriel L. Imperato on behalf of Franklyn Michelin, Reliable Document Solutions, LLC. Attorney Gabriel L. Imperato added to party Franklyn Michelin(pty:dft), Attorney Gabriel L. Imperato added to party Reliable Document Solutions, LLC(pty:dft). (Imperato, Gabriel) |
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Filing 39
PAPERLESS ORDER granting #38 Defendant Samuel Teniola's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Samuel Teniola shall file his response by October 20, 2020. Signed by Judge Rodney Smith on 9/29/2020. (cbn)
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| Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Samuel Teniola. Attorney Sean Michael Ellsworth added to party Samuel Teniola(pty:dft). (Ellsworth, Sean) |
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Filing 37
PAPERLESS ORDER granting #36 Agreed Motion for Extension of Time for Dr. Mahon and Dr. Mojicar to Respond to Complaint. Drs. Mahon and Mojicar shall file their response to the complaint by November 23, 2020. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Rodney Smith on 9/28/20. (cbn)
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| Filing 36 MOTION for Extension of Time to respond to the Complaint re #1 Complaint, by Jeffrey A. Mahon, Luis Mojicar. Responses due by 10/13/2020 (Shepherd, James) |
| Filing 35 NOTICE of Attorney Appearance by James Everett Shepherd, V on behalf of Jeffrey A. Mahon, Luis Mojicar. Attorney James Everett Shepherd, V added to party Jeffrey A. Mahon(pty:dft), Attorney James Everett Shepherd, V added to party Luis Mojicar(pty:dft). (Shepherd, James) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Pharmacy Solutions, Inc.. Luis Mojicar served on 9/26/2020, answer due 10/19/2020. (Ganase, Ketan) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Pharmacy Solutions, Inc.. Samuel Teniola served on 9/8/2020, answer due 9/29/2020. (Ganase, Ketan) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by HUMANA HEALTH PLAN, INC.. Ananda De Silva served on 9/16/2020, answer due 10/7/2020. (Ganase, Ketan) |
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Filing 31
PAPERLESS ORDER granting in part and denying in part #30 Agreed Motion for Extension of Time for Defendant Elie Hercule to Respond to Complaint. Defendant Hercule seeks a seven week extension. Without further explanation, such an extension appears excessive. Therefore, Defendant Hercule shall file his response by October 22, 2020. Signed by Judge Rodney Smith on 9/17/20. (cbn)
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| Filing 30 Agreed MOTION for Extension of Time to File Response/Reply/Answer by Elie Joseph Hercule. (Attachments: #1 Text of Proposed Order)(Brown, Michael) |
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Filing 29
PAPERLESS ORDER granting #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey S. Howell. Signed by Judge Rodney Smith on 9/17/20. (cbn)
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| Filing 28 Clerks Notice to Filer re #15 Summons Returned Executed, #16 Summons Returned Executed and #17 Summons Returned Executed. ERROR - The Filer selected "All Plaintiff" instead of selecting the individual parties served, which would prompt the entry of the serviced dates. The corrections were made by the Clerk and filings were re-docketed, see 25 Summons Returned Executed, 26 Summons Returned Executed and 27 Summons Returned Executed, It is not necessary to refile these documents. (ail) |
| Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey S. Howell. Filing Fee $ 200.00 Receipt # AFLSDC-13532733 by Elie Joseph Hercule. Responses due by 9/30/2020 (Attachments: #1 Certification Certification of Good Standing, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Brown, Michael) |
| Filing 23 NOTICE of Attorney Appearance by Michael Sean Brown on behalf of Elie Joseph Hercule. Attorney Michael Sean Brown added to party Elie Joseph Hercule(pty:dft). (Brown, Michael) |
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Filing 22
PAPERLESS ORDER granting #21 Agreed Motion for Extension of Time for Quivvy Tech Corp. and Reliable Medical Supplies, Inc. to Respond to Complaint. Quivvy Tech Corp. and Reliable Medical Supplies, Inc. shall file their response to the Complaint by November 13, 2020. The parties are reminded of the Court's Order Requiring Joint Scheduling Report, which states in part: "The parties are hereby notified that multiple Plaintiffs or Defendants shall file joint dispositive motions, including motions to dismiss and motions for summary judgment, with co-parties unless there are clear conflicts of positions or grounds for relief." Signed by Judge Rodney Smith on 9/16/20. (cbn)
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| Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Employers Health Plan of Georgia, Inc., HUMANA INSURANCE COMPANY, Humana Pharmacy Solutions, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Medical Plan, Inc., Careplus Health Plans, Inc.. Jeffrey Stern served on 9/11/2020, answer due 10/2/2020. SEE DE #17 IMAGE (ail) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Employers Health Plan of Georgia, Inc., HUMANA INSURANCE COMPANY, Humana Pharmacy Solutions, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Medical Plan, Inc., Careplus Health Plans, Inc.. Jeffrey A. Mahon served on 9/5/2020, answer due 9/28/2020. SEE DE #16 IMAGE (ail) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Employers Health Plan of Georgia, Inc., HUMANA INSURANCE COMPANY, Humana Pharmacy Solutions, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Medical Plan, Inc., Careplus Health Plans, Inc.. Elie Joseph Hercule served on 9/3/2020, answer due 9/24/2020. SEE DE #15 RETURN OF SERVICE (ail) |
| Filing 21 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Quivvy Tech Corp., Reliable Medical Supplies, Inc.. (Attachments: #1 Text of Proposed Order)(Lehm, Christina) |
| Filing 20 NOTICE of Attorney Appearance by Christina P. Lehm on behalf of Quivvy Tech Corp., Reliable Medical Supplies, Inc.. Attorney Christina P. Lehm added to party Quivvy Tech Corp.(pty:dft), Attorney Christina P. Lehm added to party Reliable Medical Supplies, Inc.(pty:dft). (Lehm, Christina) |
| Filing 19 NOTICE of Attorney Appearance by Peter Ronai Goldman on behalf of Quivvy Tech Corp., Reliable Medical Supplies, Inc.. Attorney Peter Ronai Goldman added to party Quivvy Tech Corp.(pty:dft), Attorney Peter Ronai Goldman added to party Reliable Medical Supplies, Inc.(pty:dft). (Goldman, Peter) |
| Filing 18 NOTICE of Attorney Appearance by Gabriel L. Imperato on behalf of Quivvy Tech Corp., Reliable Medical Supplies, Inc.. Attorney Gabriel L. Imperato added to party Quivvy Tech Corp.(pty:dft), Attorney Gabriel L. Imperato added to party Reliable Medical Supplies, Inc.(pty:dft). (Imperato, Gabriel) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by HUMANA HEALTH PLAN, INC.. All Plaintiffs. (Ganase, Ketan) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by HUMANA HEALTH PLAN, INC.. All Plaintiffs. (Ganase, Ketan) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by HUMANA HEALTH PLAN, INC.. All Plaintiffs. (Ganase, Ketan) |
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Filing 14
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 10/15/2020. Signed by Judge Rodney Smith on 9/3/2020. See attached document for full details. (amb)
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| Filing 13 Clerks Notice to Filer re #10 Certificate of Service, #11 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#12]. It is not necessary to refile this document. (yha) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Humana Pharmacy Solutions, Inc.. Quivvy Tech Corp. served on 8/27/2020, answer due 9/17/2020; Reliable Medical Supplies, Inc. served on 8/31/2020, answer due 9/21/2020. (yha) |
| Filing 11 CERTIFICATE OF SERVICE by Humana Pharmacy Solutions, Inc. re #1 Complaint, #5 Summons Issued (Ganase, Ketan) |
| Filing 10 CERTIFICATE OF SERVICE by Humana Pharmacy Solutions, Inc. re #1 Complaint, #5 Summons Issued (Ganase, Ketan) |
| Filing 9 Summons Issued as to Reliable Document Solutions, LLC. (ail) |
| Filing 8 NOTICE of Filing Proposed Summons(es) Reliable Document Solutions, LLC New Address) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. re #1 Complaint, filed by Careplus Health Plans, Inc., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
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Filing 7
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Franklin G. Monsour, Jr. Signed by Judge Rodney Smith on 8/24/2020. (cbn)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Franklin G. Monsour, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-13399410 by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.. Responses due by 9/8/2020 (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing)(Donovan, Kimberly) |
| Filing 5 Summons Issued as to Ananda De Silva, Elie Joseph Hercule, Jeffrey A. Mahon, Franklyn Michelin, Luis Mojicar, Quivvy Tech Corp., Reliable Document Solutions, LLC, Reliable Medical Supplies, Inc., Jeffrey Stern, Samuel Teniola. (ail) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. re #1 Complaint, filed by Careplus Health Plans, Inc., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., Humana Pharmacy Solutions, Inc. (Donovan, Kimberly) |
| Filing 3 Plaintiff's Corporate Disclosure Statement by CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., HUMANA INSURANCE COMPANY, Humana Employers Health Plan of Georgia, Inc., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc. identifying Corporate Parent Humana Inc. for CHA HMO, Inc., Careplus Health Plans, Inc., HUMANA HEALTH PLAN, INC., Humana Medical Plan, Inc., Humana Pharmacy Solutions, Inc.; Corporate Parent CareNetwork, Inc. for HUMANA INSURANCE COMPANY (Donovan, Kimberly) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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 for Damages and Injunctive Relief against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13386216, filed by Humana Employers Health Plan of Georgia, Inc., HUMANA INSURANCE COMPANY, a Wisconsin corporation, Humana Pharmacy Solutions, Inc., CHA HMO, Inc., HUMANA HEALTH PLAN, INC., a Kentucky corporation, Humana Medical Plan, Inc., Careplus Health Plans, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Donovan, Kimberly) |
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