Lisitano v. GVDB Operations, LLC
| Patricia Lisitano |
| GVDB Operations, LLC GVDB Operations, LLC d/b/a Grand Villa of Delray Beach East and GVDB Operations, LLC doing business as GRAND VILLA OF DELRAY BEACH EAST |
| 9:2021cv80113 |
| January 20, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 23 Notice of Supplemental Authority re #8 Plaintiff's MOTION to Remand to State Court , #18 Reply to Response to Motion by Patricia Lisitano (Mansell, Jeffrey) |
| Filing 22 NOTICE of Mediator Selection. Parties' Notice of Mediator Selection Selected/Added Rodney Romano as Mediator. (Barrett, Jodi) |
| Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by GVDB Operations, LLC (Barrett, Jodi) |
| Filing 20 Amended MOTION for Extension of Time Extend Deadlines in Scheduling Order Amended Joint Motion to Extend Deadlines in Scheduling Order re #12 Scheduling Order,,,, Order Referring Case to Mediation,,, by GVDB Operations, LLC. Responses due by 3/19/2021 (Barrett, Jodi) |
Filing 19
PAPERLESS ORDER denying #17 "Stipulated Motion to Extend Deadlines in Scheduling Order." The Parties request that I enter an Order approving their stipulated agreement "to defer" the deadlines set forth in the Pretrial Scheduling Order (DE #12 ), including the deadline to make Initial Disclosures, until 20 days after the Court rules on Plaintiff's Motion to Remand (DE #8 ). They further state that upon issuance of the ruling on the Motion to Remand, the Pretrial Scheduling Order may be "reissued" by Magistrate Judge Brannon. The Parties seek such relief on the grounds that "federal jurisdictional issues" remain unresolved during the pendency of the Motion to Remand. The Parties are advised that this Court does not enter agreed orders. Rather, the Scheduling Order may only be modified upon a showing of "good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). The pendency of a motion, even one that raises jurisdictional arguments, does not, on its own, constitute good cause for modification. Since the Parties advance no other basis for their requested relief, the Motion is DENIED. Finally, the Parties are reminded that at any time they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #12 ). Signed by Judge Donald M. Middlebrooks on 3/4/2021. (kal)
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| Filing 18 REPLY IN SUPPORT OF Motion re #8 Plaintiff's MOTION to Remand to State Court filed by Patricia Lisitano. (Mansell, Jeffrey) Modified text on 3/4/2021 (ebz). |
| Filing 17 MOTION for Extension of Time Extend Deadlines in Scheduling Order Stipulated Motion to Extend Deadlines in Scheduling Order re #12 Scheduling Order,,,, Order Referring Case to Mediation,,, by GVDB Operations, LLC. Responses due by 3/17/2021 (Barrett, Jodi) |
| Filing 16 REPLY to Response to Motion re #7 MOTION TO DISMISS #5 Notice (Other) FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law Defendant's Reply to Plaintiff's Response to Motion to Dismiss filed by GVDB Operations, LLC. (Barrett, Jodi) |
| Filing 15 STIPULATION re #12 Scheduling Order,,,, Order Referring Case to Mediation,,, Stipulation to Extend Deadlines in Scheduling Order by GVDB Operations, LLC (Barrett, Jodi) |
| Filing 14 RESPONSE in Opposition re #8 Plaintiff's MOTION to Remand to State Court Defendant's Response in Opposition to Plaintiff's Motion for Remand filed by GVDB Operations, LLC. Replies due by 3/3/2021. (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)(Barrett, Jodi) |
| Filing 13 RESPONSE in Opposition re #7 MOTION TO DISMISS #5 Notice (Other) FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by Patricia Lisitano. Replies due by 3/1/2021. (Mansell, Jeffrey) |
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Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION ( Amended Pleadings due by 3/22/2021., Discovery due by 7/12/2021., Fact Discovery due by 7/12/2021., Expert Discovery due by 7/12/2021., Joinder of Parties due by 3/22/2021., In Limine Motions due by 7/26/2021., Dispositive Motions due by 7/26/2021., Motions due by 7/26/2021., Joint Pretrial Stipulation due by 8/30/2021., Jury Trial set for 9/27/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 9/22/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 2/21/2021. See attached document for full details. (ebz) #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
ORDER REFERRING CASE AND SETTING TRIAL DATE (Calendar Call set for 9/22/2021 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 9/27/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order, for trial, and for the purpose of setting any settlement conferences. Signed by Judge Donald M. Middlebrooks on 2/18/2021. See attached document for full details. (ebz)
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Filing 10
PAPERLESS ORDER granting #9 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff seeks a 10-day extension of the February 10, 2021 deadline to respond to Defendant's Motion to Dismiss (DE #7 ). Plaintiff's counsel represents that he requires this extension to prepare an adequate response given the novel issues presented in the Motion to Dismiss and the developing legal authority related to immunity and preemption under the Public Readiness and Emergency Preparedness Act. Good cause having been shown, I will grant the requested extension. Plaintiff shall respond to Docket Entry #7 by February 22, 2021 . (Responses due by 2/22/2021). Signed by Judge Donald M. Middlebrooks on 2/11/2021. (kal)
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| Filing 9 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #7 MOTION TO DISMISS #5 Notice (Other) FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law Unopposed by Patricia Lisitano. (Schuler, Richard) |
| Filing 8 Plaintiff's MOTION to Remand to State Court by Patricia Lisitano. Attorney Jeffrey VanVoorhis Mansell added to party Patricia Lisitano(pty:pla). (Attachments: #1 Exhibit A - HHS Fourth Declaration)(Mansell, Jeffrey) |
| Filing 7 MOTION TO DISMISS #5 Notice (Other) FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by GVDB Operations, LLC. Responses due by 2/10/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Barrett, Jodi) |
| Filing 6 Bar Letter re: Admissions sent to attorney J. Drew Piersa, mailing date 01/21/2021, (cco) |
| Filing 5 NOTICE by GVDB Operations, LLC re #1 Complaint, of Filing (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Barrett, Jodi) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement by GVDB Operations, LLC (Barrett, Jodi) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (ebz) |
| 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. (ebz) |
| Filing 1 COMPLAINT Notice of Removal against All Plaintiffs. Filing fees $ 402.00 receipt number AFLSDC-14249399, filed by GVDB Operations, LLC. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Barrett, Jodi) |
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