SIMEON v. National Billing Institute, LLC (NBI) et al
| ROSNY SIMEON |
| National Billing Institute, LLC (NBI), Innovation Marketing and Data Solutions (IMADS), The United States of America and Damon DANIELS, M.D. |
| 9:2024cv80142 |
| February 7, 2024 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Insurance |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
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| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re 21 Order,, by ROSNY SIMEON. (Rubin, Robert) |
Filing 25
PAPERLESS ORDER granting #23 and #24 and denying as moot #22 . Plaintiff's motions seek an extension until April 11, 2024 to respond to Defendant National Billing Institute, LLC's Motion to Dismiss (DE #17 ), and an extension until April 17, 2024 to respond to Defendant Innovative Marketing and Data Solutions, LLC's Motion to Dismiss (DE #18 ). In support, Plaintiff cites a clerical error that caused Plaintiff to miss the original deadline and Plaintiff's counsel's unavailability until April 8, 2024. The motions are unopposed. I find good cause to grant the requested extensions. Plaintiff shall respond to the pending Motions to Dismiss by the deadlines set forth above. Signed by Judge Donald M. Middlebrooks on 4/2/2024. (kid)
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| Filing 24 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #18 MOTION to Dismiss with Prejudice #1 Complaint and Incorporated Memorandum of Law by ROSNY SIMEON. (Attachments: #1 Text of Proposed Order Proposed Order)(Rubin, Robert) |
| Filing 23 Corrected MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Dismiss for Lack of Jurisdiction 16 Order on Motion for Extension of Time, MOTION TO DISMISS 16 Order on Motion for Extension of Time, FOR FAILURE TO STATE A CLAIM correcting date by ROSNY SIMEON. (Attachments: #1 Text of Proposed Order Proposed Order)(Rubin, Robert) |
| Filing 22 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Dismiss for Lack of Jurisdiction 16 Order on Motion for Extension of Time, MOTION TO DISMISS 16 Order on Motion for Extension of Time, FOR FAILURE TO STATE A CLAIM by ROSNY SIMEON. (Attachments: #1 Text of Proposed Order Proposed Order)(Rubin, Robert) |
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Filing 21
PAPERLESS ORDER TO SHOW CAUSE. Plaintiff's response to Defendant National Billing Institute, LLC's Motion to Dismiss (DE #17 ) was due on March 28, 2024. No response appears in the court file. Accordingly, on or before April 3, 2024, Plaintiff shall SHOW CAUSE, in writing, (1) why the motion should not be granted and (2) why Plaintiff failed to respond by March 28, 2024. Plaintiff's failure to respond to this order to show cause may result in the motion being granted by default pursuant to Local Rule 7.1(c). Signed by Judge Donald M. Middlebrooks on 4/1/2024. (kid)
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| Set/Reset Deadlines/Hearings Show Cause Response due by 4/3/2024. Per DE 21 Order. (ebz) |
| Filing 20 Corporate Disclosure Statement by Innovation Marketing and Data Solutions (IMADS) (Walsh, Sean) |
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Filing 19
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/29/2024 at 2:30 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 18 MOTION to Dismiss with Prejudice #1 Complaint and Incorporated Memorandum of Law by Innovation Marketing and Data Solutions (IMADS). Responses due by 4/3/2024. (Attachments: #1 Text of Proposed Order)(Walsh, Sean) |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction 16 Order on Motion for Extension of Time, , MOTION TO DISMISS 16 Order on Motion for Extension of Time, FOR FAILURE TO STATE A CLAIM ( Responses due by 3/28/2024.) by National Billing Institute, LLC (NBI). (Ferguson, Troy) |
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Filing 16
PAPERLESS ORDER granting #14 Motion for Extension of Time. Defendant National Billing Institute requests an additional day to file its response to Plaintiff's Complaint. The motion sets forth good cause and is unopposed. Accordingly it is granted, and Defendant National Billing Institute shall have until March 14, 2024, to file its response to Plaintiff's Complaint. Signed by Judge Donald M. Middlebrooks on 3/14/2024. (kid)
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Filing 15
ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge William Matthewman for United States Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., 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 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. (nan) #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 14 Unopposed MOTION for Extension of Time to Respond to Complaint re #1 Complaint by National Billing Institute, LLC (NBI). Responses due by 3/27/2024. (Ferguson, Troy) |
| Filing 13 CERTIFICATE of Counsel Certificate of Interested Persons and Corporate Disclosure Statement by Troy Demetrius Ferguson on behalf of National Billing Institute, LLC (NBI) (Ferguson, Troy) |
| Filing 12 NOTICE of Attorney Appearance by Troy Demetrius Ferguson on behalf of National Billing Institute, LLC (NBI). Attorney Troy Demetrius Ferguson added to party National Billing Institute, LLC (NBI)(pty:dft). (Ferguson, Troy) |
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Filing 11
PAPERLESS ORDER granting #10 Motion for Extension of Time. Defendant Innovative Marketing and Data Solutions, LLC requests an additional seven days to respond to the Complaint, citing in support that counsel has "been occupied with pre-existing commitments." Although the basis is vague, I will grant the motion because the requested extension is short and unopposed. Counsel is advised that future motions for extension of time must be explained and supported. Defendant Innovative Marketing and Data Solutions, LLC shall respond to the Complaint by March 20, 2024. This extension applies only to the moving Defendant. Signed by Judge Donald M. Middlebrooks on 3/13/2024. (kid)
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| Set/Reset Response/Answer Due Deadline: Innovation Marketing and Data Solutions (IMADS) response/answer due 3/20/2024. Per DE 11 Order. (ebz) |
| Filing 10 Unopposed MOTION for Extension of Time to Respond to Complaint by March 20, 2024 re #1 Complaint by Innovation Marketing and Data Solutions (IMADS). Responses due by 3/26/2024. (Walsh, Sean) |
| Filing 9 NOTICE of Attorney Appearance by Sean Patrick Walsh on behalf of Innovation Marketing and Data Solutions (IMADS). Attorney Sean Patrick Walsh added to party Innovation Marketing and Data Solutions (IMADS)(pty:dft). (Walsh, Sean) |
| Filing 8 NOTICE of Attorney Appearance by Robert Eric Bilik on behalf of Innovation Marketing and Data Solutions (IMADS). Attorney Robert Eric Bilik added to party Innovation Marketing and Data Solutions (IMADS)(pty:dft). (Bilik, Robert) |
| Filing 7 Summons Issued as to Damon DANIELS, M.D., Innovation Marketing and Data Solutions (IMADS), National Billing Institute, LLC (NBI), The United States of America. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(ebz) |
| Filing 6 NOTICE of Filing Proposed Summons(es) The United States of America by serving the State of Attorney for Palm Beach County by ROSNY SIMEON (Rubin, Robert) |
| Filing 5 NOTICE of Filing Proposed Summons(es) for Damon Daniels, MD by ROSNY SIMEON (Rubin, Robert) |
| Filing 4 NOTICE of Filing Proposed Summons(es) for National Billing Institute, LLC (NBI) by ROSNY SIMEON (Rubin, Robert) |
| Filing 3 NOTICE of Filing Proposed Summons(es) for Innovation Marketing and Data Solutions (IMADS) by ROSNY SIMEON (Rubin, Robert) |
| 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 for Injunction against All Defendants. Filing fees $ 405.00 receipt number BFLSDC-17277274, filed by ROSNY SIMEON. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Rubin, Robert) |
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