Florida Southern District Court
Judge:K Michael Moore
Referred: Marty Fulgueira Elfenbein
Case #: 1:24-cv-22356
Nature of Suit151 Contract - Medicare Act
Cause28:1441 Notice of Removal
Case Filed:Jun 18, 2024
Last checked: Tuesday Jun 18, 2024 5:15 PM EDT
Defendant
Daniel F. Dill
Represented By
Scott Thomas McCullough
Mccullough & Leboff PA
contact info
Defendant
The Dill Law Group, P.A.
Represented By
Scott Thomas McCullough
Mccullough & Leboff PA
contact info
Plaintiff
SERIES 15-09-321


Docket last updated: 06/30/2024 11:59 PM EDT
Friday, June 28, 2024
15 15 order Order on Motion to Appear Pro Hac Vice Fri 06/28 4:57 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Appear Pro Hac Vice , Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Franklin P. Solomon.14 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion14 is GRANTED. Franklin P. Solomon may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: fsolomon@franklinsolomonlaw.com. Signed by Judge K. Michael Moore on 6/28/2024. (gbn)
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Thursday, June 27, 2024
14 14 motion Appear Pro Hac Vice - aty Thu 06/27 12:02 PM
Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Franklin Solomon, Esq. Filing Fee $ 200.00 Receipt # AFLSDC-17638124 by The Dill Law Group P.A.. Responses due by 7/11/2024.(McCullough, Scott)
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Att: 1 Text of Proposed Order
Wednesday, June 26, 2024
13 13 order - Order (PAPERLESS or pdf attached) Thu 06/27 7:45 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/26/2024. See attached document for full details. (scn)
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12 12 order Order Referring Case to Magistrate Judge Wed 06/26 2:31 PM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 6/26/2024. (gbn)
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11 11 order Pretrial Order Wed 06/26 2:30 PM
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 6/26/2024. (gbn)
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Friday, June 21, 2024
10 10 notice Certificate of Counsel Fri 06/21 4:09 PM
CERTIFICATE of Counsel Notice to State Court of Filing Notice of Removal by Scott Thomas McCullough on behalf of The Dill Law Group P.A. (McCullough, Scott)
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Att: 1 Exhibit
9 9 notice Notice (Other) Fri 06/21 4:06 PM
Defendant's NOTICE Notice of Filing Exhibits to Notice of Removal DE1 by The Dill Law Group P.A. re1 Notice of Removal (State Court Complaint) (McCullough, Scott)
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Att: 1 Exhibit
8 8 notice Notice of Striking Fri 06/21 3:55 PM
NOTICE of Striking DE 6 by The Dill Law Group P.A. (McCullough, Scott)
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Thursday, June 20, 2024
7 7 notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Thu 06/20 11:55 AM
Clerk's Notice to Filer re6 Notice (Other). Document Not Captioned ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (cqs)
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6 6 notice Notice (Other) Thu 06/20 10:31 AM
Defendant's NOTICE of Filing Exhibits to Notice of Removal by The Dill Law Group P.A. re1 Notice of Removal (State Court Complaint) (McCullough, Scott)
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Tuesday, June 18, 2024
5 5 order Clerk's Notice of Docket Correction - ELECTRONIC CASE Thu 06/20 10:19 AM
Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (jas)
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4 4 order Clerk's Notice of Docket Correction - ELECTRONIC CASE Thu 06/20 10:11 AM
Clerk's Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (jas)
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3 3 order Clerk's Notice of Docket Correction - ELECTRONIC CASE Thu 06/20 10:10 AM
Clerk's Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (jas)
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2 2 order Clerk's Notice of Judge Assignment and Optional Consent Thu 06/20 10:10 AM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (jas)
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1 1 cmp Notice of Removal (State Court Complaint) Tue 06/18 4:36 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17616397, filed by The Dill Law Group, P.A., Daniel F. Dill.(McCullough, Scott)
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Att: 1 Civil Cover Sheet Civil Cover Sheet