Florida Middle District Court
Judge:James D Whittemore
Referred: Anthony E Porcelli
Case #: 8:09-cv-00039
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Filed:Jan 12, 2009
Terminated:Sep 08, 2010

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Docket last updated: 06/24/2026 11:59 PM EDT
Wednesday, September 08, 2010
45 45 ORDER dismissing case with prejudice. Signed by Judge James D. Whittemore on 9/8/2010. (KE)
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Tuesday, September 07, 2010
44 44 STIPULATION of Dismissal with Prejudice as to All Claims by Aetna Life Insurance Company.(White, Kenneth)
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Att: 1 Text of Proposed Order Order of Dismissal with Prejudice
Friday, July 09, 2010
43 43 ORDER dismissing case without prejudice. Signed by Judge James D. Whittemore on 7/8/2010. (KE)
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Thursday, July 08, 2010
42 42 NOTICE of Settlement by Electro Medical Associates (Gregory, Douglas)
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Thursday, July 01, 2010
41 41 WITNESS LIST by Aetna Health, Inc., Aetna Life Insurance Company. (Gerson, Shari)
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Tuesday, June 15, 2010
40 40 TRIAL CALENDAR for trial term beginning July 6, 2010. Jury Trial set for 7/12/2010 at 08:30 AM in Tampa Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 6/15/2010. (AO)
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Friday, June 11, 2010
39 39 ORDER ON PROCEDURES APPLICABLE TO CIVIL JURY TRIALS Signed by Judge James D. Whittemore on 6/11/2010. (AO)
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38 38 Minute Entry. Proceedings held before Judge James D. Whittemore: PRETRIAL CONFERENCE held on 6/11/2010. Court Reporter: Linda Starr (AO)
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Thursday, June 10, 2010
37 37 ORDER denying35 Motion for reconsideration. Signed by Judge James D. Whittemore on 6/9/2010. (KE)
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Monday, June 07, 2010
36 36 PRETRIAL STATEMENT by Aetna Health, Inc., Aetna Life Insurance Company, Electro Medical Associates. (Gregory, Douglas)
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Thursday, May 27, 2010
35 35 MOTION for reconsideration re32 Order on Motion for Partial Summary Judgment Aetna Life Insurance Company and Aetna Health's Motion for Reconsideration and/or to Alter or Amend the Court's Order on Plaintiff's Motion for Partial Summary Judgment (D.E. 32) and Incorporated Memorandum of Law by Aetna Health, Inc., Aetna Life Insurance Company.(White, Kenneth)
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Att: 1 Exhibit Exhibits A, B & C
34 34 DEPOSITION of Amy Racinowski taken on September 17, 2009 re:31 Memorandum in opposition by Aetna Health, Inc., Aetna Life Insurance Company.(White, Kenneth)
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Tuesday, May 25, 2010
33 33 NOTICE by Aetna Health, Inc., Aetna Life Insurance Company re31 Memorandum in opposition Defendants' Notice of Filing Deposition of Amy Racinowski(White, Kenneth)
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Att: 1 Exhibit
Monday, May 17, 2010
32 32 ORDER granting in part30 Motion for Partial Summary Judgment. Signed by Judge James D. Whittemore on 5/17/2010. (KE)
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Friday, April 02, 2010
31 31 13 pgs MEMORANDUM in opposition re30 Motion for partial summary judgment Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Aetna Health, Inc., Aetna Life Insurance Company. (White, Kenneth)
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Tuesday, March 16, 2010
30 30 MOTION for partial summary judgment by Electro Medical Associates.(Gregory, Douglas)
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Att: 1 Depo. Transcript of Marnie Holmes,
Att: 2 Depo Transcript of Charla Thomas,
Att: 3 Depo Transcript of Robert Maher,
Att: 4 Depo Transcript of Edward Denham,
Att: 5 Req for Production of Documents,
Att: 6 Def. Response to Pltfs Req for Production,
Att: 7 First Set of Roggs to Defendants
Thursday, February 11, 2010
29 29 MEDIATION REPORT Hearing held on February 11, 2010 Hearing outcome: Impasse(Betts, James)
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Wednesday, January 20, 2010
28 28 NOTICE by Aetna Health, Inc. of Withdrawal of Affirmative Defenses Numbers 11 and 12 from Defendant's Answer and Affirmative Defenses to Plaintiff's Amended Complaint (Gerson, Shari)
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Thursday, January 07, 2010
27 27 WITNESS LIST by Electro Medical Associates. (Gregory, Douglas)
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Tuesday, August 11, 2009
26 26 Case Reassigned to Magistrate Judge Anthony E. Porcelli. New case number: 8:09-cv-39-T-27AEP. Magistrate Judge Thomas G. Wilson no longer assigned to the case. (BES)
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Monday, August 03, 2009
25 25 NOTICE by Electro Medical Associates Joint Notice of Waiver (Gregory, Douglas)
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Wednesday, July 22, 2009
24 24 Minute Entry. Proceedings held before Judge James D. Whittemore: Status Conference held on 7/22/2009. Court Reporter: Linda Starr (AO)
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23 23 Defendants' ANSWER to20 Amended complaint by Aetna Life Insurance Company, Aetna Health, Inc..(Gerson, Shari)
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Monday, July 20, 2009
22 22 ORDER dismissing Count XI of Plaintiff's Amended Complaint, without prejudice. Signed by Judge James D. Whittemore on 7/20/2009. (KE)
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Friday, July 17, 2009
21 21 NOTICE of Voluntary Dismissal Without Prejudice of Count XI-Breach of Fiduciary Duty (ERISA) of Plaintiff's Amended Complaint by Electro Medical Associates (Gregory, Douglas)
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Thursday, July 16, 2009
20 20 AMENDED COMPLAINT against all defendants with Jury Demand filed by Electro Medical Associates.(Gregory, Douglas)
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Wednesday, July 01, 2009
19 19 STIPULATION Joint Stipulation Selecting Mediator by Electro Medical Associates. (Gregory, Douglas)
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Monday, June 29, 2009
18 18 ORDER granting in part7 Motion to Dismiss. Signed by Judge James D. Whittemore on 6/26/2009. (KE)
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Friday, June 26, 2009
17 17 NOTICE of Hearing: Status Conference set for 7/22/2009 at 03:00 PM in Tampa Courtroom 13 B before Judge James D. Whittemore (AO)
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Tuesday, April 07, 2009
16 16 ORDER denying without prejudice14 Motion to compel Rule 26 disclosures. Signed by Magistrate Judge Thomas G. Wilson on 4/7/2009. (CAW)
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Tuesday, March 31, 2009
15 15 RESPONSE to motion re14 MOTION to compel Rule 26 Disclosures filed by Aetna Life Insurance Company, Aetna Health, Inc.. (Gerson, Shari)
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Thursday, March 26, 2009
14 14 MOTION to compel Rule 26 Disclosures by Electro Medical Associates.(Gregory, Douglas) Motions referred to Magistrate Judge Thomas G. Wilson.
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Att: 1 Exhibit Plaintiff's Rule 26 Disclosures,
Att: 2 Exhibit Defendants' Rule 26 Disclosures
Friday, March 13, 2009
13 13 ORDER dismissing Count XI of Plaintiff's Complaint. Signed by Judge James D. Whittemore on 3/13/2009. (KE)
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Monday, March 09, 2009
12 12 ORDER granting9 Motion for protective order. Please see Order for directives.. Signed by Magistrate Judge Thomas G. Wilson on 3/9/2009. (CAW)
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Friday, March 06, 2009
11 11 NOTICE of Voluntary Dismissal Without Prejudice of Count XI of Plaintiff's Complaint by Electro Medical Associates (Gregory, Douglas)
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10 10 RESPONSE to motion re7 MOTION to dismiss Complaint filed by Electro Medical Associates. (Gregory, Douglas)
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Wednesday, March 04, 2009
9 9 Unopposed MOTION for protective order by all defendants.(Gerson, Shari) Motions referred to Magistrate Judge Thomas G. Wilson.
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Att: 1 Exhibit Proposed Order
Tuesday, March 03, 2009
8 8 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial Conference set for 6/11/2010 at 10:00 AM ; Jury Trial set for 7/6/2010 at 08:45 AM in Courtroom 13 B before Judge James D. Whittemore. Signed by Judge James D. Whittemore on 3/3/2009. (AO)
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Wednesday, February 18, 2009
7 7 MOTION to dismiss Complaint by all defendants. (Gerson, Shari)
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6 6 CASE MANAGEMENT REPORT. (Gregory, Douglas)
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Tuesday, February 03, 2009
5 5 RETURN of service executed on 29th day of January, 2009 by Electro Medical Associates as to Aetna Health, Inc.. (Gregory, Douglas)
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4 4 PROOF of service by Electro Medical Associates (Gregory, Douglas) Modified on 2/4/2009 DOCUMENT TERMINATED; counsel refiled with correct event (BES).
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Monday, February 02, 2009
3 3 NOTICE of designation under Local Rule 3.05 - track 2. (TKD)
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Monday, January 12, 2009
2 2 Summons issued as to Aetna Life Insurance Company, Aetna Health, Inc.. (JLH)
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1 1 COMPLAINT against Aetna Life Insurance Company, Aetna Health, Inc. with Jury Demand (Filing fee $ 350 receipt number T048864) filed by Electro Medical Associates.(JLH)
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