Neurosurgical Consultants of South Florida, LLC v. Empire Healthchoice Assurance, Inc. et al
| Neurosurgical Consultants of South Florida, LLC |
| Empire Healthchoice Assurance, Inc. d/b/a Empire Blue Cross Blue Shield, Daniel H. Cooke Associates, Inc., Empire Healthchoice Assurance, Inc. a foreign profit corporation doing business as Empire Blue Cross Blue Shield and International Brotherhood of Trade Unions Local 713 Health and Welfare Fund |
| 9:2023cv81054 |
| July 19, 2023 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Bruce E Reinhart |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 Summons Issued as to International Brotherhood of Trade Unions Local 713 Health and Welfare Fund. (jas) |
| Filing 33 NOTICE of Filing Proposed Summons(es) to International Brotherhood of Trade Unions Local 713 Health and Welfare Fund by Neurosurgical Consultants of South Florida, LLC re #31 Amended Complaint/Amended Notice of Removal, filed by Neurosurgical Consultants of South Florida, LLC, 32 Clerk's Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s)) (Canter, Eric) |
| Filing 32 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) NOT issued for the following reasons: Summons not filed on form AO440. (jas) |
| Filing 31 Plaintiff's AMENDED COMPLAINT Second Amended Complaint against Empire Healthchoice Assurance, Inc., International Brotherhood of Trade Unions Local 713 Health and Welfare Fund filed in response to Order Granting Motion for Leave, filed by Neurosurgical Consultants of South Florida, LLC.(Canter, Eric) |
| Filing 30 NOTICE of Striking #27 Amended Complaint/Amended Notice of Removal, filed by Neurosurgical Consultants of South Florida, LLC, 29 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,, by Neurosurgical Consultants of South Florida, LLC (Canter, Eric) |
| Filing 29 Clerk's Notice to Filer re #27 Second Amended Complaint/Amended Notice of Removal,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
| Filing 28 NOTICE of Filing Proposed Summons(es) to International Brotherhood of Trade Unions Local 713 Health and Welfare Fund by Neurosurgical Consultants of South Florida, LLC re #27 Amended Complaint/Amended Notice of Removal, filed by Neurosurgical Consultants of South Florida, LLC (Attachments: #1 Summon(s)) (Canter, Eric) |
| Filing 27 STRICKEN per DE#30 , Plaintiff's Second Amended Complaint against Empire Healthchoice Assurance, Inc., International Brotherhood of Trade Unions Local 713 Health and Welfare Fund filed in response to Order Granting Motion for Leave, filed by Neurosurgical Consultants of South Florida, LLC.(Canter, Eric) Modified text on 9/11/2023 (jas). |
Filing 26
PAPERLESS ORDER granting #25 Plaintiff's Amended Unopposed Second Motion for Leave to File an Amended Complaint. On or before September 15, 2023, Plaintiff shall file its Second Amended Complaint [ECF No. 25 pp. 5-9] as a separate entry on the docket. Signed by Judge Aileen M. Cannon on 9/11/2023. (kts)
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| Filing 25 Plaintiff's MOTION to Amend/Correct Amended Unopposed Second Motion for Leave to File an Amended Complaint and Add Party Defendants by Neurosurgical Consultants of South Florida, LLC. Responses due by 9/22/2023 (Attachments: #1 Text of Proposed Order)(Canter, Eric) |
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Filing 24
PAPERLESS ORDER denying without prejudice #23 Plaintiff's Second Motion for Leave to File an Amended Complaint and to Add Party Defendant. Plaintiff's Motion does not contain a certificate of conference, as required by S.D. Fla. L.R. 7.1(a)(3). Signed by Judge Aileen M. Cannon on 9/8/2023. (kts)
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| Filing 23 Plaintiff's MOTION to Amend/Correct Unopposed Second Motion to Amend Complaint by Neurosurgical Consultants of South Florida, LLC. Responses due by 9/21/2023 (Attachments: #1 Text of Proposed Order)(Canter, Eric) |
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Filing 22
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 9/6/2023. See attached document for full details. (caw)
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Filing 21
ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: JURY TRIAL set for 9/23/2024 at 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. PRETRIAL CONFERENCE/CALENDAR CALL set for 9/17/2024 at 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon. Amended Pleadings due by 10/20/2023. Discovery due by 5/17/2024. Expert Discovery due by 5/17/2024. Fact Discovery due by 5/17/2024. Joinder of Parties due by 10/20/2023. Mediation Deadline 5/31/2024. In Limine Motions due by 8/16/2024. Dispositive Motions due by 6/14/2024. Motions due by 6/14/2024. Pretrial Stipulation due by 8/16/2024. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Pretrial Non-Dispositive Matters. Signed by Judge Aileen M. Cannon on 9/1/2023. See attached document for full details. (caw) #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 20 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Neurosurgical Consultants of South Florida, LLC identifying Corporate Parent Florida Neuroscience Institute, LLC, Corporate Parent Palm Beach Neurisciences, LLC, Other Affiliate Robin Maceiras, Other Affiliate Evan M. Packer, Other Affiliate Timothy G. Burke, Other Affiliate Lloyd Zucker, Other Affiliate Daphne Clerveaux, Other Affiliate Vilma Mikel for Neurosurgical Consultants of South Florida, LLC (Canter, Eric) |
| Filing 19 Clerk's Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents, Robin Maceiras, Evan M. Packer, M.D., Timothy G. Burke, M.D., Lloyd Zucker, M.D.. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
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Filing 18
ORDER CLOSING CASE as to Defendant Daniel H. Cooke Associates, Inc. (a foreign profit corporation) re #14 Notice of Voluntary Dismissal. Signed by Judge Aileen M. Cannon on 8/31/2023. See attached document for full details. (drz)
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| Filing 17 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Empire Healthchoice Assurance, Inc. identifying Corporate Parent WellPoint Holding Corp., Corporate Parent Elevance Health, Inc. f/k/a Anthem, Inc., Other Affiliate International Brotherhood of Trade Unions for Empire Healthchoice Assurance, Inc. (Welch, Nina) |
| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by Neurosurgical Consultants of South Florida, LLC (Attachments: #1 Text of Proposed Order)(Canter, Eric) |
| Filing 15 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Neurosurgical Consultants of South Florida, LLC identifying Corporate Parent Florida Neuroscience Institute, LLC, Corporate Parent Palm Beach Neurisciences, LLC for Neurosurgical Consultants of South Florida, LLC (Canter, Eric) |
| Filing 14 NOTICE of Voluntary Dismissal AS TO DEFENDANT, DANIEL H. COOKE ASSOCIATES, INC., ONLY by Neurosurgical Consultants of South Florida, LLC (Canter, Eric) |
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Filing 13
PAPERLESS ORDER granting #12 Joint Motion for Extension of Time to Respond to Discovery. On or before October 11, 2023, Defendant Daniel H. Cook Associates, Inc. shall respond to the discovery requests served by Plaintiff. The August 31, 2023, deadline to file a Joint Scheduling Report remains in effect #9 . Signed by Judge Aileen M. Cannon on 8/23/2023. (kts)
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| Filing 12 Joint MOTION for Extension of Time To Respond to Discovery by Daniel H. Cooke Associates, Inc.. Responses due by 9/5/2023 (Attachments: #1 Text of Proposed Order)(Shapiro, Jay) |
| Filing 11 NOTICE of Filing Copies of All Records and Proceedings in the State Court by Empire Healthchoice Assurance, Inc. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Summons, #3 Exhibit Complaint, #4 Exhibit Request to Produce, #5 Exhibit Request for Admissions, #6 Exhibit Notice of Filing Interrogatories, #7 Exhibit Filing Receipt, #8 Exhibit Service Returned, #9 Exhibit Motion for Default, #10 Exhibit Notice of Default Entered, #11 Exhibit Motion for Default, #12 Exhibit Service Returned, #13 Exhibit Notice of Default Not Entered, #14 Exhibit Service Returned, #15 Exhibit Service Returned, #16 Exhibit Motion for Default, #17 Exhibit Clerk's Default, #18 Exhibit Motion for Leave, #19 Exhibit Motion to Set Aside, #20 Exhibit Order Granting Motion to Set Aside, #21 Exhibit Order Granting Motion for Leave, #22 Exhibit Notice of Appearance, #23 Exhibit Complaint, #24 Exhibit Request for Admissions, #25 Exhibit Request to Produce, #26 Exhibit Notice of Filing Interrogatories, #27 Exhibit Motion for Extension of Time, #28 Exhibit Summons Issued, #29 Exhibit Filing Receipt, #30 Exhibit Notice of Filing Interrogatories, #31 Exhibit Request for Admissions, #32 Exhibit Request to Produce, #33 Exhibit Notice of Removal to Federal Court) (Welch, Nina) |
| Filing 10 STATUS REPORT by Empire Healthchoice Assurance, Inc. (Welch, Nina) |
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Filing 9
ORDER Requiring Joint Scheduling Report And Certificates Of Interested Parties. (Joint Scheduling Report and Certificates Of Interested Parties are due by 8/31/2023) Signed by Judge Aileen M. Cannon on 8/17/2023. See attached document for full details. (kpe)
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Filing 8
PAPERLESS ORDER granting #5 Defendant Empire Healthchoice Assurance, Inc.'s Unopposed Motion for Extension of Time to Respond to Discovery. On or before September 20, 2023, Defendant Empire Healthchoice Assurance, Inc. shall serve its responses to Plaintiff's Request for Production, Request for Admissions, and First Set of Interrogatories. Signed by Judge Aileen M. Cannon on 8/17/2023. (kts)
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Filing 7
PAPERLESS ORDER granting #6 Joint Motion for Extension of Time to Respond to Amended Complaint. On or before September 18, 2023, Defendants shall file a single combined response or separate answers to Plaintiff's Amended Complaint [1-2] in accordance with the Court's Order Requiring Combined Responses #4 . Signed by Judge Aileen M. Cannon on 8/17/2023. (kts)
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| Filing 6 Joint MOTION for Extension of Time to File Response/Reply/Answer to Amended Complaint by Daniel H. Cooke Associates, Inc.. Attorney Jay Brian Shapiro added to party Daniel H. Cooke Associates, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Shapiro, Jay) |
| Filing 5 Unopposed MOTION for Extension of Time to Respond to Discovery by Empire Healthchoice Assurance, Inc.. Responses due by 8/30/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Welch, Nina) |
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Filing 4
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 7/21/2023. See attached document for full details. (caw)
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| Filing 3 NOTICE OF COURT PRACTICES IN REMOVAL CASES. Removal Status Report due by 8/21/2023. Signed by Judge Aileen M. Cannon on 7/21/2023. See attached document for full details. (caw) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-16777396, filed by Empire Healthchoice Assurance, Inc. d/b/a Empire Blue Cross Blue Shield. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Amended State Court Complaint, #3 Exhibit Declaration)(Welch, Nina) Modified text & attachment description on 7/20/2023 (rbe). |
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| Plaintiff: Neurosurgical Consultants of South Florida, LLC | |
| Represented By: | Anthony Richard Gonzales |
| Represented By: | Eric Geoffrey Canter |
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| Defendant: Empire Healthchoice Assurance, Inc. d/b/a Empire Blue Cross Blue Shield | |
| Represented By: | Nina Christine Welch |
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| Defendant: Daniel H. Cooke Associates, Inc. | |
| Represented By: | Jay Brian Shapiro |
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| Defendant: Empire Healthchoice Assurance, Inc. a foreign profit corporation doing business as Empire Blue Cross Blue Shield | |
| Represented By: | Zackary Benjamin Weiss |
| Represented By: | Nina Christine Welch |
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| Defendant: International Brotherhood of Trade Unions Local 713 Health and Welfare Fund | |
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