ALLIANCE v. ACTIVA HEALTH SERVICES, INC. et al
Plaintiff: MIGLAISE ALLIANCE
Defendant: ACTIVA HEALTH SERVICES, INC. formerly known as ACTIVA HOME HEALTH OF REGION 8, LLC formerly known as ACTIVA HOME HEALTH OF REGION 4, LLC doing business as Activa Home Health, INFINITY HEALTH SERVICES, INC. formerly known as ACTIVA HOME HEALTH OF REGION 8, LLC formerly known as ACTIVA HOME HEALTH OF REGION 4, LLC doing business as Activa Home Health, ACTIVA HOME HEALTH OF REGION, ROBERT OSOWSKI and ANN MARIE THOMPSON
Case Number: 9:2020cv81681
Filed: September 15, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 11, 2020 Filing 23 REPORT REGARDING Settlement by ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON (Tuschman, Richard)
November 2, 2020 Filing 22 Defendant's RESPONSE to #18 Statement of Claim by Plaintiff by ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON. (Tuschman, Richard)
October 29, 2020 Filing 21 NOTICE by MIGLAISE ALLIANCE OF FILING PROPOSED ORDER SCHEDULING MEDIATION (Attachments: #1 Text of Proposed Order) (Walls, Tanesha)
October 27, 2020 Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON identifying Corporate Parent 88-HC Acquisition Holding, L.P. for ACTIVA HEALTH SERVICES, INC., ANN MARIE THOMPSON, INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI (Tuschman, Richard)
October 27, 2020 Filing 19 NOTICE of Mediator Selection. Selected/Added MIGLAISE ALLIANCE, Neil Flaxman as Mediator. (Walls, Tanesha)
October 26, 2020 Filing 18 Statement of: Claim by MIGLAISE ALLIANCE re #15 Order, Set/Reset Deadlines/Hearings (Smukler, Aron)
October 19, 2020 Filing 17 Defendants' ANSWER and Affirmative Defenses to Complaint by ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON. (Tuschman, Richard)
October 19, 2020 Filing 16 REPORT REGARDING Joint Discovery Plan by MIGLAISE ALLIANCE (Smukler, Aron)
October 14, 2020 Opinion or Order Filing 15 ORDER SETTING FLSA SCHEDULE. ( Statement of Claim due by 10/26/2020.) Signed by Magistrate Judge Dave Lee Brannon on 10/14/2020. See attached document for full details. (amb)
October 14, 2020 Opinion or Order Filing 14 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 10/26/2020., Discovery due by 1/11/2021., Joinder of Parties due by 10/26/2020., In Limine Motions due by 1/25/2021., Dispositive Motions due by 1/25/2021., Motions due by 1/25/2021., Pretrial Stipulation due by 3/1/2021.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 10/14/2020. 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.
October 12, 2020 Filing 13 Notice of NO Pending, Refiled, Related or Similar Actions by MIGLAISE ALLIANCE (Walls, Tanesha)
October 12, 2020 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by MIGLAISE ALLIANCE (Walls, Tanesha)
October 9, 2020 Opinion or Order Filing 11 ORDER REFERRING CASE AND SETTING TRIAL DATE. SCHEDULING ORDER: ( Jury Trial set for 3/29/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 10/9/2020. 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.
October 7, 2020 Opinion or Order Filing 10 PAPERLESS ORDER granting in part #8 Defendants' Unopposed Motion for Extension of Time to File Response to Plaintiff's Complaint. Defendants seek an extension of the deadlines to respond to Plaintiff's Complaint from October 9, 2020 (Infinity Health Services, Inc.), October 12, 2020 (Activa Health Services, Inc.), and October 13, 2020 (Anne Marie Thompson and Robert Osowski) to October 29, 2020 for all Defendants. In support, Defendants cite a generalized need for "additional time to review the case and prepare a response to the Complaint." (DE #8 at 2 para. 2). Motions for extensions of time may not be premised upon conclusory assertions or vague generalities; rather, they must set forth good cause supported by specific facts. Although Defendants' Motion is unopposed, because it fails to set forth specific facts by which the Court may evaluate whether good cause exists to grant the requested relief, I will only grant the requested relief in part. Accordingly, the deadline for Defendants to respond to the Complaint is extended to October 20, 2020. Future requests for extensions will be denied unless the moving party sets forth specific facts to establish that a particular deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 10/7/2020. (kal)
October 7, 2020 Filing 9 NOTICE of Attorney Appearance by Richard David Tuschman on behalf of ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON. Attorney Richard David Tuschman added to party ACTIVA HEALTH SERVICES, INC.(pty:dft), Attorney Richard David Tuschman added to party INFINITY HEALTH SERVICES, INC.(pty:dft), Attorney Richard David Tuschman added to party ROBERT OSOWSKI(pty:dft), Attorney Richard David Tuschman added to party ANN MARIE THOMPSON(pty:dft). (Tuschman, Richard)
October 6, 2020 Filing 8 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON. Attorney Christian Zinn added to party ACTIVA HEALTH SERVICES, INC.(pty:dft), Attorney Christian Zinn added to party INFINITY HEALTH SERVICES, INC.(pty:dft), Attorney Christian Zinn added to party ROBERT OSOWSKI(pty:dft), Attorney Christian Zinn added to party ANN MARIE THOMPSON(pty:dft). (Attachments: #1 Text of Proposed Order)(Zinn, Christian)
September 28, 2020 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 MIGLAISE ALLIANCE. ANN MARIE THOMPSON served on 9/22/2020, answer due 10/13/2020. (Walls, Tanesha)
September 28, 2020 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 MIGLAISE ALLIANCE. ROBERT OSOWSKI served on 9/22/2020, answer due 10/13/2020. (Walls, Tanesha)
September 23, 2020 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MIGLAISE ALLIANCE. ACTIVA HEALTH SERVICES, INC. served on 9/21/2020, answer due 10/13/2020. (Walls, Tanesha)
September 23, 2020 Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MIGLAISE ALLIANCE. INFINITY HEALTH SERVICES, INC. served on 9/18/2020, answer due 10/9/2020. (Walls, Tanesha)
September 15, 2020 Filing 3 Summons Issued as to ACTIVA HEALTH SERVICES, INC., INFINITY HEALTH SERVICES, INC., ROBERT OSOWSKI, ANN MARIE THOMPSON. (amb)
September 15, 2020 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)
September 15, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13521686, filed by MIGLAISE ALLIANCE. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Walls, Tanesha)

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Defendant: ACTIVA HEALTH SERVICES, INC. formerly known as ACTIVA HOME HEALTH OF REGION 8, LLC formerly known as ACTIVA HOME HEALTH OF REGION 4, LLC doing business as Activa Home Health
Represented By: Richard David Tuschman
Represented By: Christian Zinn
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Defendant: INFINITY HEALTH SERVICES, INC. formerly known as ACTIVA HOME HEALTH OF REGION 8, LLC formerly known as ACTIVA HOME HEALTH OF REGION 4, LLC doing business as Activa Home Health
Represented By: Richard David Tuschman
Represented By: Christian Zinn
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Defendant: ACTIVA HOME HEALTH OF REGION
Represented By: Richard David Tuschman
Represented By: Christian Zinn
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Defendant: ROBERT OSOWSKI
Represented By: Richard David Tuschman
Represented By: Christian Zinn
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Defendant: ANN MARIE THOMPSON
Represented By: Richard David Tuschman
Represented By: Christian Zinn
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Plaintiff: MIGLAISE ALLIANCE
Represented By: Ruben Martin Saenz
Represented By: Aron Smukler
Represented By: Tanesha LaShay Marie Walls
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