Comprehensive Health Care Systems of Palm Beaches, Inc. v. Vitaminerals VM/Orthopedics, Ltd. et al
| Comprehensive Health Care Systems Of The Palm Beaches, Inc. and Comprehensive Health Care Systems of Palm Beaches, Inc. |
| Vitaminerals VM/Orthopedics, Ltd, John Does, Hygenic Corporation and Vitaminerals/VM Orthopedics, Ltd. |
| 5:2016cv02183 |
| August 31, 2016 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| John R Adams |
| Kathleen B Burke |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 5, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 67
Stipulation and Order approving dismissal of this action with prejudice. (Related document #66 ). Magistrate Judge Kathleen B. Burke on 6/5/2017. (P,G)
|
| Filing 66 Stipulated Notice of Dismissal Under FRCP 41(a)(1) with prejudice filed by Comprehensive Health Care Systems of Palm Beaches, Inc.. (Oppenheim, David) |
|
Order [non-document] granting Doc. #65 Motion for Extension of Time. The parties' stipulated notice of dismissal with prejudice is due 5/31/2017. Magistrate Judge Kathleen B. Burke on 5/8/2017.(W,Su)
|
| Filing 65 Agreed Motion for extension of time until 5/31/2017 to File Stipulation of Dismissal filed by Plaintiff Comprehensive Health Care Systems of Palm Beaches, Inc. Related document(s) #64 . (Oppenheim, David) Modified text on 5/5/2017 (S,HR). |
| Filing 64 Minute Order of Telephone Conference held on 3/31/2017. Counsel informed the Court that the parties have settled this case. Counsel shall file their stipulated notice of dismissal with prejudice pursuant to Fed. R. Civ. P. 41 within thirty (30) days of the date of this Order. Plaintiffs motion for an extension of case management dates (Doc. #63 ) is denied as moot. Time: 5 minutes. Magistrate Judge Kathleen B. Burke on 3/31/2017. (D,I) |
|
Order: [non-document] The Telephonic Status Conference currently set for 3/31/2017 will be held as scheduled. During the call, the Court will discuss Plaintiff's motion to extend the case management dates. Magistrate Judge Kathleen B. Burke on 3/28/2017. (W,Su)
|
| Filing 63 Second agreed Motion for 60 day extension of fact discovery and related deadlines filed by Plaintiff Comprehensive Health Care Systems of Palm Beaches, Inc. Related document(s) #62 . (Oppenheim, David) Modified text on 3/28/2017 (S,HR). |
|
Filing 62
Order granting in part #61 Plaintiff's Unopposed Motion for Extension of Discovery and Related Deadlines. Fact Discovery: 3/30/2017; Experts and Reports: 5/1/2017; Expert Rebuttal Reports: 5/31/17; Expert Discovery: 6/30/2017; Class Certification Motion: 7/14/2017; Class Certification Opposition: 8/14/2017; Class Certification Reply: 8/28/2017. Telephonic Status Conference currently set for March 3, 2017, is hereby cancelled and reset for March 31, 2017, at 10:00 a.m. Further extensions of the case management dates will be disfavored. Magistrate Judge Kathleen B. Burke on 2/21/2017.(D,I) Modified expert dates to match order and regenerated NEF on 2/24/2017 (S,HR).
|
| Filing 61 Unopposed Motion for extension of Discovery and Related Deadlines until 90 days from original dates filed by Plaintiff Comprehensive Health Care Systems of Palm Beaches, Inc.. Related document(s) #52 . (Oppenheim, David) |
| Filing 60 Initial Disclosures filed by Vitaminerals/VM Orthopedics, Ltd.. (Schrader, Alfred) |
| Filing 59 Notice of Service of Answers to Interrogatories and Productions of Documents filed by Vitaminerals/VM Orthopedics, Ltd.. (Schrader, Alfred) Modified text on 2/14/2017 (P,G). |
| Filing 58 Memorandum Opinion and Order: Hygenic's Motion to Dismiss (Doc. #45 ) pursuant to Rule 12(b)(1) is DENIED; its Motion to Dismiss pursuant to Rule 12(b)(6) is GRANTED. Magistrate Judge Kathleen B. Burke on 1/3/2017.(D,I) |
| Filing 57 Initial Disclosures filed by Vitaminerals/VM Orthopedics, Ltd.. (Schrader, Alfred) |
| Filing 56 Reply in support of #45 Motion to dismiss Amended Complaint filed by Hygenic Corporation. (Farrell, Michael) |
| Filing 55 Joint Stipulated Protective Order regarding confidential documents. The parties' motion for entry of stipulated protective order is granted, with a modification to paragraph 8. Magistrate Judge Kathleen B. Burke on 11/21/2016. (D,I) |
| Filing 54 Motion for entry of a joint stipulated protective order filed by Defendant Hygenic Corporation. (Attachments: #1 Exhibit Proposed Joint Stipulated Protective Order)(Prabucki, Kenneth) Modified text on 11/21/2016 (P,G). |
| Filing 53 Opposition to #45 Motion to dismiss Amended Class Action Complaint filed by Comprehensive Health Care Systems of Palm Beaches, Inc. (Oppenheim, David) Modified text on 11/16/2016 (S,HR). |
| Filing 52 Case Management Conference Plan Order. Case is assigned to the complex track. Deadline for Initial Disclosures: 11/18/2016; Deadline to Add Parties or Amend Pleadings: 12/30/2016; Deadline for Completing Fact Discovery: February 28, 2017; Deadline for party w/BOP to id experts & reports: March 30, 2017; Deadline to id rebuttal experts & reports: May 1, 2017; Deadline for completing expert discovery: May 31, 2017; Deadline for filing Class Certification Motion: June 14, 2017; Deadline for filing Class Cert Opposition: July 14, 2017; Deadline for filing Class Cert reply: July 28, 2017. Telephonic Status Conference set for 3/3/2017 at 10:00 AM before Magistrate Judge Kathleen B. Burke. Magistrate Judge Kathleen B. Burke on 11/10/2016. (D,I) |
| Filing 51 Minute Order of Telephonic Case Management Conference held on 11/9/2016. Joint Stipulated Protective Order consistent with Appendix L tothe Local Rules on or by November 18, 2016. Case management dates and deadlines were discussed and provided to counsel. A case management plan will issue by separate order. See order for details. Time: 30 minutes. Magistrate Judge Kathleen B. Burke on 11/10/2016. (D,I) |
| Filing 50 Report of Parties' Planning Meeting , parties consent to this case being assigned to the magistrate judge, filed by Comprehensive Health Care Systems of Palm Beaches, Inc.. Related document(s) #37 , #48 .(Watt, Kimberly) |
| Filing 49 Corporate Disclosure Statement filed by Vitaminerals/VM Orthopedics, Ltd.. (Schrader, Alfred) |
| Filing 48 Case Management Conference Scheduling Order with case management conference to be held telephonically on 11/9/2016 at 10:00 AM before Magistrate Judge Kathleen B. Burke. Magistrate Judge Kathleen B. Burke on 10/17/2016. (Attachments: #1 Report of the Parties's Planning, #2 Appendix K)(D,I) |
| Filing 47 Answer to #43 Amended complaint, filed by Vitaminerals/VM Orthopedics, Ltd.. (Schrader, Alfred) |
| Filing 46 Attorney Appearance by Alfred E. Schrader filed by on behalf of Vitaminerals/VM Orthopedics, Ltd.. (Schrader, Alfred) |
| Notice by Clerk that Vitaminerals V/M/Orhodopedics, LTD failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (P,G) |
| Filing 45 Motion to dismiss Amended Complaint filed by Defendant Hygenic Corporation. Related document(s) #43 . (Attachments: #1 Brief in Support)(Farrell, Michael) |
|
Order: [non-document] The Joint Motion to Schedule Case Management Conference ("CMC") (Doc. #44 ) is granted in part. The Court will set a CMC after counsel for all Defendants have entered an appearance on the docket and filed an Answer or responsive pleading to the Amended Class Action Complaint (Doc. #43 ). At the CMC, the Court will establish the Case Management Plan dates in this case. Magistrate Judge Kathleen B. Burke on 9/27/2016.(D,I)
|
| Filing 44 Joint Motion To Schedule a Case Management Conference filed by Defendant Hygenic Corporation. (Attachments: #1 Exhibit Joint Proposed Scheduling Order, #2 Exhibit Order for Pre-Trial Conference)(Farrell, Michael) |
| Filing 43 Amended class action complaint against All Defendants. Filed by Comprehensive Health Care Systems of Palm Beaches, Inc. (Attachments: #1 Exhibit A Oct 2015 Fax, #2 Exhibit B Jan 2016 fax) (Oppenheim, David) Modified duplicate text on 9/22/2016 (H,SN). Modified text on 9/26/2016 (P,G). |
|
Order: [non-document] Plaintiffs' Motion for leave to file First Amended Class Action Complaint (Doc. #42 ) is granted. Plaintiffs shall filed their First Amended Complaint on the docket within seven (7) days of the date of this Order. Magistrate Judge Kathleen B. Burke on 9/19/2016.(D,I)
|
| Filing 42 Motion for leave To File First Amended Class Action Complaint Instanter filed by Plaintiff Comprehensive Health Care Systems of Palm Beaches, Inc.. (Attachments: #1 Exhibit A - Plaintiff's First Amended Class Action Complaint)(Oppenheim, David) Case not captioned correctly, attorney advised via email on 9/20/2016 (P,G). |
|
Filing 41
Order: Defendant Vitaminerals/VM Orthopedics, Ltd. ordered to obtain counsel. Retained counsel shall file a notice of appearance on the docket within thirty (30) days of the date of this Order. The failure of Defendant Vitaminerals/VM Orthopedics, Ltd. to obtain counsel may result in default judgment being entered against it. Magistrate Judge Kathleen B. Burke on 9/15/2016. (D,I)
|
| Copy of #41 Order, mailed to Vitaminerals VM/Orthopedics, Ltd at P.O. Box 905 Hudson, Ohio, 44236 (See Doc. #14 , p. 4) and Vitaminerals VM/Orthopedics, Ltd c/o Marvin L. Boote II at 311 West Streetsboro Rd. Hudson, OH 44236 (See Doc. #7 ). (D,I) |
| Filing 40 Notice of Appearance, Notice of Withdrawal and Substitution of Counsel by Michael K. Farrell filed by on behalf of Hygenic Corporation. Related document(s) #36 , #39 .(Farrell, Michael) Modified text on 9/16/2016 (P,G). |
| Filing 39 Attorney Appearance by Christina J. Moser filed by on behalf of Hygenic Corporation. (Moser, Christina) |
| Filing 38 Consent of the parties to this case being transferred to the docket of Magistrate Judge Kathleen B. Burke for further proceedings. Judge John R. Adams on 09/14/2016. (M,TL) |
|
Order [non-document] granting Motion for appearance pro hac vice by attorney Kimberly M. Watt for Comprehensive Health Care Systems of Palm Beaches, Inc. (Related Doc #33 ) and granting Motion for appearance pro hac vice by attorney Phillip A. Bock for Comprehensive Health Care Systems of Palm Beaches, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #35 ). Judge John R. Adams on 9/14/16.(K,C)
|
| Filing 37 Consent to Exercise of Jurisdiction by a United States Magistrate Judge As Agreed by All Parties filed by Hygenic Corporation. Related document(s) #32 .(Prabucki, Kenneth) |
| Filing 36 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Hygenic Corporation. (Prabucki, Kenneth) |
| Filing 35 Motion for attorney Phillip A. Bock to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7795534, filed by Plaintiff Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Attachments: #1 Exhibit Certificate of Good Standing)(Simpkins, Scott) |
| Filing 34 Attorney Appearance by David M. Oppenheim filed by on behalf of Comprehensive Health Care Systems Of The Palm Beaches, Inc.. (Oppenheim, David) |
| Filing 33 Motion for attorney Kimberly M. Watt to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7793458, filed by Plaintiff Comprehensive Health Care Systems Of The Palm Beaches, Inc.. (Attachments: #1 Affidavit in Support of Pro Hac Vice Admission)(Simpkins, Scott) |
| Filing 32 Magistrate Consent Form issued. (L,A) |
| Filing 31 CASE TRANSFERRED IN from District of Florida Southern. Case number 9:16-cv-80966. Electronic file received. |
| Notice to Attorney Phillip A. Bock. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
| Judge John R. Adams assigned to case. (L,A) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (L,A) |
| Notice to Attorney Brandon T. Crossland. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (G,CA) |
|
Filing 30
ORDER TRANSFERRING ACTION TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO. Defendant, The Hygenic Corporation's Motion to Dismiss and/or Transfer to a More Convenient Forum DE #19 be and the same is hereby GRANTED. The Clerk of the United States District Court for the Southern District of Florida is hereby DIRECTED to take all necessary steps and procedures to effect the expeditious transfer of the above-styled action to the United States District Court for the Northern District of Ohio for further proceedings. All pending Motions are hereby DENIED without prejudice, with leave for refiling in the transferee court. Signed by Judge William J. Zloch on 8/30/2016. (mc) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from flsd on 8/31/2016.]
|
| Filing 29 Clerks Notice to Filer re #19 MOTION to Dismiss #1 Complaint, and/or Transfer to More Convenient Forum. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (mc) [Transferred from flsd on 8/31/2016.] |
| Filing 28 NOTICE by Comprehensive Health Care Systems Of The Palm Beaches, Inc. of Non-Opposition to Defendant The Hygenic Corporation's #19 Motion to Transfer To a More Convenient Forum (Bock, Phillip) Modified to add document link on 8/30/2016 (mc). [Transferred from flsd on 8/31/2016.] |
| Filing 27 MOTION for Discovery Leave to Conduct Limited Jurisdictional Discovery by Comprehensive Health Care Systems Of The Palm Beaches, Inc.. Responses due by 9/15/2016 (Attachments: #1 Exhibit Ex A SASB v. Corcordia Order)(Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
| Filing 26 MOTION for Leave to File Amended Complaint Instanter by Comprehensive Health Care Systems Of The Palm Beaches, Inc.. (Attachments: #1 Exhibit Exhibit A Amended Class Action Complaint)(Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
|
Filing 25
Order on Trial Instructions. Signed by Judge William J. Zloch on 8/15/2016. (bc) [Transferred from flsd on 8/31/2016.]
|
|
Filing 24
ORDER REFERRING CASE to Mediation. Signed by Judge William J. Zloch on 8/15/2016. (bc) [Transferred from flsd on 8/31/2016.]
|
|
Filing 23
ORDER for Pre-Trial Conference. Pretrial Conference set for 2/24/2017 at 9:30 AM in Fort Lauderdale Division before Judge William J. Zloch. Pretrial Stipulation due by Noon, 2/10/2017. Signed by Judge William J. Zloch on 8/15/2016. (bc) #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.[Transferred from flsd on 8/31/2016.]
|
| Filing 22 Corporate Disclosure Statement by Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
| Filing 21 JOINT SCHEDULING REPORT - Rule 16.1 by Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Attachments: #1 Text of Proposed Order)(Bock, Phillip) Modified title text on 8/15/2016 (mc). [Transferred from flsd on 8/31/2016.] |
| Filing 20 Corporate Disclosure Statement by The Hygenic Corporation identifying Corporate Parent Performance Health & Wellness Holdings, Inc. for The Hygenic Corporation (Crossland, Brandon) [Transferred from flsd on 8/31/2016.] |
| Filing 19 MOTION to Dismiss #1 Complaint, and/or Transfer to More Convenient Forum by The Hygenic Corporation. Responses due by 8/29/2016 (Attachments: #1 Exhibit A - Declaration)(Crossland, Brandon). Added MOTION to Transfer to a More Convenient Forum on 8/30/2016 (mc). [Transferred from flsd on 8/31/2016.] |
| Filing 18 Letter/MOTION to Dismiss #1 Complaint, by Vitaminerals/VM Orthopedics, Ltd.. Responses due by 8/22/2016 (mc) [Transferred from flsd on 8/31/2016.] |
| Filing 17 Letter to the Court from Bud Boote (mc) [Transferred from flsd on 8/31/2016.] |
| Filing 16 RESPONSE in Opposition re #12 Agreed MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint re #1 Complaint, #14 Defendant Vitaminerals/VM Orthopedics LTD's Motion to Dismiss filed by Comprehensive Health Care Systems Of The Palm Beaches, Inc.. Replies due by 8/5/2016. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
|
Filing 15
ORDER of Instructions. Signed by Judge William J. Zloch on 7/15/2016. (bc) [Transferred from flsd on 8/31/2016.]
|
| Filing 14 ANSWER to Complaint by Vitaminerals/VM Orthopedics, Ltd.. (mc) [Transferred from flsd on 8/31/2016.] |
|
Filing 13
PAPERLESS ORDER granting #12 Motion for Extension of Time. Defendant Hygenic Corporation shall have unti noon on Friday, August 12, 2016, to file its Answer or other responsive pleading. Signed by Judge William J. Zloch on 7/13/2016. (dcr) [Transferred from flsd on 8/31/2016.]
|
| Filing 12 Agreed MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint re #1 Complaint, by The Hygenic Corporation. Attorney Brandon Thomas Crossland added to party The Hygenic Corporation(pty:dft). Responses due by 7/29/2016 (Attachments: #1 Text of Proposed Order)(Crossland, Brandon) [Transferred from flsd on 8/31/2016.] |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Comprehensive Health Care Systems Of The Palm Beaches, Inc.. Vitaminerals/VM Orthopedics, Ltd. served on 6/24/2016, answer due 7/15/2016. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Comprehensive Health Care Systems Of The Palm Beaches, Inc.. The Hygenic Corporation served on 6/22/2016, answer due 7/13/2016. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
|
Filing 9
ORDER TRANSFERRING CASE to Judge William J. Zloch and Magistrate Judge Patrick M. Hunt for all further proceedings, accepted and signed on 6/17/2016. Judge Kenneth A. Marra no longer assigned to case. Signed by Judge Kenneth A. Marra on 6/13/2016. (bc) [Transferred from flsd on 8/31/2016.]
|
| Filing 8 Summons Issued as to The Hygenic Corporation. (cbr) [Transferred from flsd on 8/31/2016.] |
| Filing 7 Summons Issued as to Vitaminerals/VM Orthopedics, Ltd.. (cbr) [Transferred from flsd on 8/31/2016.] |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Bock, Phillip) [Transferred from flsd on 8/31/2016.] |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). 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 attached form. (srd) [Transferred from flsd on 8/31/2016.] |
| Filing 2 Judge Assignment to Judge Kenneth A. Marra (srd) [Transferred from flsd on 8/31/2016.] |
| Filing 1 COMPLAINT against All Defendants. Filing fee paid $ 400.00 receipt number 113C-8816430, filed by Comprehensive Health Care Systems Of The Palm Beaches, Inc. (Attachments: #1 Exhibit A - Advertisement, #2 Exhibit B - Advertisement, #3 Civil Cover Sheet)(Bock, Phillip) [Transferred from flsd on 8/31/2016.] Modified on 8/31/2016 (L,A). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
