Betanzos et al v. Conviva Physician Group LLC
| Elsa Betanzos, Kimberly Newkirk and Beth Walker |
| Conviva Physician Group LLC and Conviva Care Solutions, LLC. |
| 9:2021cv81762 |
| September 17, 2021 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Civil Rights: Jobs |
| 29 U.S.C. § 0621 |
| Plaintiff |
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
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Filing 17
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 11/4/2021., Discovery due by 2/24/2022., Fact Discovery due by 2/24/2022., Expert Discovery due by 2/24/2022., Joinder of Parties due by 11/4/2021., In Limine Motions due by 3/10/2022., Motions due by 3/10/2022., Pretrial Stipulation due by 4/11/2022., Jury Trial set for 5/9/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 5/4/2022 01:15 PM before Judge Donald M. Middlebrooks), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 11/10/2021. 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 16 NOTICE of Attorney Appearance by David M. DeMaio on behalf of Conviva Care Solutions, LLC.. Attorney David M. DeMaio added to party Conviva Care Solutions, LLC.(pty:dft). (DeMaio, David) |
| Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/10/2021. The Court discussed the trial date, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 4 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Kelly Marie Pena. (Digital 14:37:17) (kza) |
| Filing 14 Joint MOTION to Extend Trial Date re #8 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by Conviva Care Solutions, LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Pena, Kelly) |
| Filing 13 ANSWER and Affirmative Defenses to Amended Complaint by Conviva Care Solutions, LLC.. Attorney Kelly Marie Pena added to party Conviva Care Solutions, LLC.(pty:dft). (Pena, Kelly) |
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Filing 12
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/10/2021 at 3:40 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed prior to the scheduling conference. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 11/1/2021. (jb02)
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Filing 11
PAPERLESS ORDER denying as moot #5 Defendant Conviva Physician Group, LLC's Motion to Dismiss. In light of Plaintiff's Amended Complaint (DE #10 ), Defendant's Motion to Dismiss is denied as moot. Signed by Judge Donald M. Middlebrooks on 10/26/2021. (kal)
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| Filing 10 Plaintiff's AMENDED COMPLAINT against Conviva Care Solutions, LLC., filed by Elsa Betanzos, Beth Walker, Kimberly Newkirk. (Attachments: #1 Exhibit Charge of Discrimination - Betanzos, #2 Exhibit Notice of Dismissal - Betanzos, #3 Exhibit Notice of Right to Sue - Betanzos, #4 Exhibit Charge of Discrimination - Newkirk, #5 Exhibit Notice of Dismissal - Newkirk, #6 Exhibit Notice of Right to Sue - Newkirk, #7 Exhibit Charge of Discrimination - Walker, #8 Exhibit Notice of Dismissal - Walker, #9 Exhibit Notice of Right to Sue - Walker)(Sconzo, Gregory) |
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Filing 9
ORDER SUBSTITUTING DEFENDANT. Plaintiffs' Unopposed Motion to Substitute Party DE#7 is GRANTED. Conviva Care Solutions, LLC. added. Conviva Physician Group LLC (a Florida Limited Liability Company) terminated. Signed by Judge Donald M. Middlebrooks on 10/22/2021. See attached document for full details. (ebz)
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Filing 8
ORDER REFERRING CASE AND SETTING TRIAL DATE (Jury Trial set for 5/9/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/4/2022 01:15 PM before Judge Donald M. Middlebrooks), ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 10/21/2021. 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 7 Plaintiff's MOTION to Substitute Party by Elsa Betanzos, Kimberly Newkirk, Beth Walker. Responses due by 11/4/2021 (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory) |
| Filing 6 Defendant's Corporate Disclosure Statement by Conviva Physician Group LLC identifying Corporate Parent Humana Inc. for Conviva Physician Group LLC (Pena, Kelly) |
| Filing 5 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Conviva Physician Group LLC. Attorney Kelly Marie Pena added to party Conviva Physician Group LLC(pty:dft). Responses due by 10/26/2021 (Pena, Kelly) |
| 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 Elsa Betanzos, Beth Walker, Kimberly Newkirk. Conviva Physician Group LLC served on 9/21/2021, answer due 10/12/2021. (Sconzo, Gregory) |
| Filing 3 Summons Issued as to Conviva Physician Group LLC. (pcs) |
| 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 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. (pcs) |
| Filing 1 COMPLAINT against Conviva Physician Group LLC. Filing fees $ 402.00 receipt number AFLSDC-15018980, filed by Elsa Betanzos, Beth Walker, Kimberly Newkirk. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Charge of Discrimination Betanzos, #4 Exhibit Notice of Dismissal Betanzos, #5 Exhibit Notice of Right to Sue Betanzos, #6 Exhibit Charge of Discrimination Newkirk, #7 Exhibit Notice of Dismissal Newkirk, #8 Exhibit Notice of Right to Sue Newkirk, #9 Exhibit Charge of Discrimination Walker, #10 Exhibit Notice of Dismissal Walker, #11 Exhibit Notice of Right to Sue Walker)(Sconzo, Gregory) |
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