Rashley v. Patriot Health Florida, Inc.
| Kyle Butler Rashley |
| Patriot Health Florida, Inc. |
| 9:2025cv80558 |
| May 7, 2025 |
| U.S. District Court for the Southern District of Florida |
| David S Leibowitz |
| Bruce E Reinhart |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 9, 2025. A more recent docket listing may be available from PACER.
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Filing 31
ORDER Dismissing and Closing Case. (Without Prejudice) Signed by Judge David S. Leibowitz on 9/9/2025. See attached document for full details. (gqa)
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| Status Conference hearing set before prior presiding Judge (Rosenberg) terminated. Per ECF No. 15 . (mee) |
| Filing 30 NOTICE of Voluntary Dismissal Without Prejudice by Kyle Butler Rashley (Kaufman, Avi) |
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Filing 29
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/23/2026 in Miami Division before Judge David S. Leibowitz., Calendar Call set for 11/17/2026 at 02:00 PM in Miami Division before Judge David S. Leibowitz.), REFERRING CASE to Mediation. ( Mediation Deadline 5/12/2026.), REFERRING CASE to Magistrate Judge Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge David S. Leibowitz on 8/23/2025. See attached document for full details. (gqa) #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 28 OBJECTIONS to #19 Report and Recommendations by Patriot Health Florida, Inc.. (Fernandez, Barbara) |
| Filing 27 Joint SCHEDULING REPORT - Rule 26(f) by Kyle Butler Rashley (Attachments: #1 Text of Proposed Order)(Kaufman, Avi) |
| Filing 26 Certificate of Other Affiliates/Corporate Disclosure Statement by Kyle Butler Rashley (Kaufman, Avi) |
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Filing 25
PAPERLESS ORDER granting #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Leo J. Hurley, Jr. Signed by Judge David S. Leibowitz on 8/19/2025. (sm00)
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| Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leo J. Hurley, Jr. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #22 Motion to Appear Pro Hac Vice, by Patriot Health Florida, Inc.. Responses due by 9/2/2025. (Attachments: #1 Text of Proposed Order)(Fernandez, Barbara) |
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Filing 23
PAPERLESS ORDER denying without prejudice #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Leo J. Hurley, Jr. representing Patriot Health Florida, Inc. (Defendant) for failure to comply with LR 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. Notice of Termination delivered by US Mail to Leo Hurley. Signed by Judge David S. Leibowitz on 8/18/2025. (sm00)
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| Attorney Leo J. Hurley, Jr representing Patriot Health Florida, Inc. (Defendant) Activated. (pt) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leo J. Hurley, Jr.. Filing Fee $ 250.00 Receipt # AFLSDC-18705840 by Patriot Health Florida, Inc.. Responses due by 8/29/2025. (Attachments: #1 Text of Proposed Order)(Fernandez, Barbara) |
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Filing 21
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aaron H. Gould. Signed by Judge David S. Leibowitz on 8/15/2025. (sm00)
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| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron H. Gould. Filing Fee $ 250.00 Receipt # AFLSDC-18703575 by Patriot Health Florida, Inc.. Responses due by 8/28/2025. (Attachments: #1 Text of Proposed Order)(Fernandez, Barbara) |
| Filing 19 REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS DE#10 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Patriot Health Florida, Inc. Recommending Motion to Dismiss be DENIED.. Objections to R&R due by 8/22/2025 Signed by Magistrate Judge Bruce E. Reinhart on 8/8/2025. See attached document for full details. (gqa) |
| Filing 18 Joint NOTICE of Mediator Selection and Hearing. Selected/Added David Jones as Mediator. Mediation Hearing set for 12/10/2025 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Kaufman, Avi) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Report and Recommendation. REFERRING #10 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Patriot Health Florida, Inc. Motion referred to Judge Bruce E. Reinhart. Signed by Judge David S. Leibowitz on 8/5/2025. See attached document for full details. (gqa)
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Filing 16
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 8/19/2025 Signed by Judge David S. Leibowitz on 8/5/2025. See attached document for full details. (gqa)
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| Filing 15 CLERK'S NOTICE OF REASSIGNMENT Pursuant to Admin. Order 2025-59. Case reassigned to Judge David S. Leibowitz for all further proceedings. Judge Robin L. Rosenberg no longer assigned to case as presider. (yar) |
| Filing 14 REPLY to #13 Response in Opposition to Motion by Patriot Health Florida, Inc.. (Fernandez, Barbara) |
| Filing 13 RESPONSE in Opposition re #10 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by Kyle Butler Rashley. Replies due by 7/8/2025. (Kaufman, Avi) |
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Filing 12
ORDER Setting Status Conference, Calendar Call, Pretrial Deadlines, and Trial Date: (Fact Discovery due by 11/10/2025., Expert Discovery due by 11/25/2025., Dispositive Motions due by 12/9/2025., Jury Trial set for 3/9/2026 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 3/4/2026 10:30 AM by Zoom before Judge Robin L. Rosenberg., Status Conference set for 1/21/2026 10:00 AM by Zoom before Judge Robin L. Rosenberg.), and ORDER REFERRING CASE to Mediation. Signed by Judge Robin L. Rosenberg on 6/18/2025. See attached document for full details. (ls) #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 Joint SCHEDULING REPORT - Rule 26(f) by Kyle Butler Rashley (Attachments: #1 Text of Proposed Order)(Kaufman, Avi) |
| Filing 10 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Patriot Health Florida, Inc.. Responses due by 7/1/2025. (Fernandez, Barbara) |
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Filing 9
PAPERLESS ORDER granting in part and denying without prejudice in part Defendant's #8 Motion for Extension of Time. Defendant shall respond to Plaintiff's Complaint no later than June 17, 2025. Signed by Judge Robin L. Rosenberg (kzu)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Patriot Health Florida, Inc.. Attorney Barbara Fernandez added to party Patriot Health Florida, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Fernandez, Barbara) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kyle Butler Rashley. Patriot Health Florida, Inc. served on 5/13/2025, response/answer due 6/3/2025. (Kaufman, Avi) |
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Filing 6
ORDER OF COURT-MANDATED REQUIREMENTS IN TCPA-BASED CASES. Signed by Judge Robin L. Rosenberg on 5/15/2025. See attached document for full details. (gqa)
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Filing 5
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 5/13/2025. See attached document for full details. (gqa)
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Filing 4
ORDER OF REFERENCE TO MAGISTRATE JUDGE AND ORDER OF COURT-MANDATED REQUIREMENTS ON SERVICE, DEFAULTS, AND JOINT SCHEDULING REPORTS. REFERRING CASE to Magistrate Judge Bruce E. Reinhart for all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery. Signed by Judge Robin L. Rosenberg on 5/9/2025. See attached document for full details. (gqa)
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| Filing 3 Summons Issued as to Patriot Health Florida, Inc. (gqa) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. 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. (gqa) |
| Filing 1 COMPLAINT against Patriot Health Florida, Inc.. Filing fees $ 405.00 receipt number AFLSDC-18431400, filed by Kyle Butler Rashley. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Kaufman, Avi) |
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| Plaintiff: Kyle Butler Rashley | |
| Represented By: | Avi Robert Kaufman |
| Represented By: | Rachel E Kaufman |
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| Defendant: Patriot Health Florida, Inc. | |
| Represented By: | Leo J. Hurley, Jr. |
| Represented By: | Aaron H. Gould |
| Represented By: | Barbara Fernandez |
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