Sultzer v. Intuitive Surgical, Inc.
| Harvey Sultzer |
| Intuitive Surgical, Inc. |
| 9:2024cv80137 |
| February 6, 2024 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 27
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/29/2024 at 2:00 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 two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. 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 3/27/2024. (no00)
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| Filing 26 Second AMENDED COMPLAINT against Intuitive Surgical, Inc. filed in response to Order Granting Motion for Leave, filed by Harvey Sultzer.(Scarola, John) |
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Filing 25
PAPERLESS ORDER granting in part #23 Plaintiff's Unopposed Motion for Extension of Time to File Amended Complaint. Defendant has moved to dismiss the Amended Complaint (DE #18 ). Plaintiff's response to the motion is due March 18th. Instead of responding, Plaintiff is requesting to file an Amended Complaint, and that he be given an extended time frame (over three weeks) to do so. Under Rule 15(a)(1), "[a] party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Leave should be "freely give[n]... when justice so requires." Id. Considering the liberal standard, and given Defendant's lack of objection, Plaintiff's request for authorization to file an Amended Complaint is granted. As for the request for a three-week extended filing deadline of April 11th, the motion contains no facts from which I can discern whether there is good cause for a delay of that magnitude. Therefore, I will grant the motion only in part. Accordingly, Plaintiff's Amended Complaint shall be due no later than March 25, 2024. Alternatively, Plaintiff must file a response in opposition to the Motion to Dismiss by that date. Signed by Judge Donald M. Middlebrooks on 3/18/2024. (kid)
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Filing 24
ORDER REFERRING CASE AND SETTING TRIAL DATE. REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference. SCHEDULING ORDER: ( Jury Trial set for 10/21/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/16/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 3/14/2024. See attached document for full details. (mee) #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. Modified on 3/14/2024 (mee).
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| Filing 23 Plaintiff's MOTION for Extension of Time to file Second Amended Complaint re #18 MOTION to Dismiss #17 Amended Complaint/Amended Notice of Removal by Harvey Sultzer. Responses due by 3/28/2024. (Attachments: #1 Text of Proposed Order)(Scarola, John) |
| Corrected Set Hearings: Calendar Call set for 10/16/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Jury Trial set for 10/21/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Per d.e. #24 Order. (mee) |
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Filing 22
PAPERLESS ORDER granting #20 #21 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Fred M. Haston, III, and Stanley E. Blackmon. Signed by Judge Donald M. Middlebrooks on 3/11/2024. (kid)
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| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stanley E. Blackmon. Filing Fee $ 200.00 Receipt # AFLSDC-17354504 by Intuitive Surgical, Inc.. Responses due by 3/22/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Silverglate, Spencer) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for F. M. Haston, III. Filing Fee $ 200.00 Receipt # AFLSDC-17354387 by Intuitive Surgical, Inc.. Responses due by 3/22/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Silverglate, Spencer) |
| Filing 19 Corporate Disclosure Statement by Intuitive Surgical, Inc. (Silverglate, Spencer) |
| Filing 18 MOTION to Dismiss #17 Amended Complaint/Amended Notice of Removal by Intuitive Surgical, Inc.. Attorney Spencer Hal Silverglate added to party Intuitive Surgical, Inc.(pty:dft). Responses due by 3/18/2024. (Silverglate, Spencer) |
| Filing 17 Plaintiff's AMENDED COMPLAINT against Intuitive Surgical, Inc., filed by Harvey Sultzer.(Scarola, John) |
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Filing 16
ORDER DISMISSING COMPLAINT. Amended Complaint due by 3/1/2024. Signed by Judge Donald M. Middlebrooks on 2/23/2024. See attached document for full details. (mee)
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Filing 15
PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph Lipari at liparij@thesultzerlawgroup.com. Signed by Judge Donald M. Middlebrooks on 2/20/2024. (gm1)
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| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Lipari. Filing Fee $ 200.00 Receipt # AFLSDC-17296811 by Harvey Sultzer. Responses due by 2/29/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Scarola, John) |
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Filing 13
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jason P. Sultzer. Signed by Judge Donald M. Middlebrooks on 2/13/2024. (kid)
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Filing 12
PAPERLESS ORDER granting #10 Motion to Strike. The Clerk of Court shall strike DE #8 from the record. Signed by Judge Donald M. Middlebrooks on 2/13/2024. (kid)
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| Filing 11 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason P. Sultzer. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #8 Motion to Appear Pro Hac Vice, by Harvey Sultzer. Responses due by 2/23/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Scarola, John) |
| Filing 10 MOTION to Strike #8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason P. Sultzer. Filing Fee $ 200.00 Receipt # AFLSDC-17281213 by Harvey Sultzer. Responses due by 2/23/2024. (Scarola, John) |
| Filing 9 Clerk's Notice to Filer re #8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason P. Sultzer. Filing Fee $ 200.00 Receipt # AFLSDC-17281213. 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. (cw) |
| Filing 8 STRICKEN- MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason P. Sultzer. Filing Fee $ 200.00 Receipt # AFLSDC-17281213 by Harvey Sultzer. Responses due by 2/23/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Scarola, John) Modified on 2/13/2024 (mee). Per d.e. 12 Order. |
| Filing 7 Summons Issued as to Intuitive Surgical, Inc. (mee) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Harvey Sultzer (Attachments: #1 Summon(s)) (Scarola, John) |
| Filing 5 Plaintiff's NOTICE of Filing Civil Cover Sheet by Harvey Sultzer re #1 Complaint (Attachments: #1 Civil Cover Sheet) (Scarola, John) |
| Filing 4 Bar Letter re: Admissions sent to attorney Jason P. Sultzer, mailing date February 7, 2024, (pt) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (rbe) |
| 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. (rbe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00. Pay.gov Agency Tracking ID FLSDC-17273406, payment transferred from : Sultzer v. Intuitive Surgical, Inc., filed by Harvey Sultzer.(Scarola, John) |
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