JOHNSON v. MEDIGAP LIFE, LLC
Florida Southern District Court | |
Judge: | William Matthewman |
Referred: | William Matthewman |
Case #: | 9:22-cv-81427 |
Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
Cause | 47:227 Restrictions of Use of Telephone Equipment |
Case Filed: | Sep 13, 2022 |
Terminated: | Jan 31, 2023 |
Last checked: Friday Sep 01, 2023 10:09 AM EDT |
Defendant
Medigap Life, LLC
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Represented By
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Plaintiff
Virginia Johnson
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Represented By
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Docket last updated: 5 hours ago |
Tuesday, January 31, 2023 | ||
46 | 46
![]() ORDER OF DISMISSAL / Closing Case. This action is DISMISSED WITH PREJUDICE as to Plaintiff's individual claims and DISMISSED WITHOUT PREJUDICE as to any other member of the putative class's right to bring claims. Motions DENIED AS MOOT:34 Defendant's MOTION to Compel Arbitration and to Dismiss or Stay Proceedings Pending Arbitration filed by Medigap Life, LLC,35 MOTION to Stay Non-Arbitration Discovery Pending Ruling on Motion to Compel Arbitration filed by Medigap Life, LLC. Signed by Magistrate Judge William Matthewman on 1/31/2023. See attached document for full details. (swr) |
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Monday, January 30, 2023 | ||
44 | 44
![]() STIPULATION of Dismissal by Virginia Johnson (Kaufman, Avi) |
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order
- Order (PAPERLESS or pdf attached) ~Util - Terminate Hearings
Mon 01/30 4:37 PM
PAPERLESS ORDER: This matter is before the Court pursuant to the parties' Stipulation of Dismissal [DE 44]. Accordingly, it is hereby ORDERED that the status conference currently scheduled for January 31, 2023 at 3:30 p.m. is CANCELED. The Court will enter a separate Order of Dismissal. Signed by Magistrate Judge William Matthewman on 1/30/2023. (cpe) |
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Tuesday, January 24, 2023 | ||
order
- Order (PAPERLESS or pdf attached)
Tue 01/24 12:13 PM
PAPERLESS ORDER: This matter is before the Court pursuant to Plaintiff Virginia Johnson's Notice of No Opposition [DE 42]. Previously, Defendant Medigap Life, LLC filed a Motion to Compel Arbitration and to Dismiss or Stay Proceedings Pending Arbitration [DE 34]. While the Motion to Compel Arbitration discussed dismissing or staying the case, Defendant argued that the Court should dismiss the case rather than stay it, ultimately requesting that the Court "enforce Plaintiff's arbitration agreement, grant the instant motion, and dismiss this action." [DE 34 at 11]. Plaintiff thereafter filed a January 12, 2023 Notice of No Opposition [DE 38], stating that she "provide[d] notice of no opposition to Defendant's motion to compel arbitration and to stay these proceedings pending arbitration." [DE 38 at 1]. However, noticeably absent from Plaintiff's Notice of No Opposition [DE 38] was any mention of the dismissal aspect of Defendant's Motion to Compel Arbitration. Although the Court's January 13, 2023 Paperless Order [DE 39] referenced this dismissal language, Plaintiff's January 20, 2023 Notice of No Opposition [DE 42] indicated that Plaintiff did not oppose either DE 34 or DE 35, and again did not reference the dismissal aspect of Defendant's Motion to Compel Arbitration. Thus, it is still somewhat unclear to the Court whether Plaintiff opposes dismissal . Accordingly, the January 31, 2023 Status Conference shall remain in place to briefly discuss this matter. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 1/24/2023. (cpe) |
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Friday, January 20, 2023 | ||
42 | 42
![]() NOTICE by Virginia Johnson re 39 Order,,,,,, (Kaufman, Avi) |
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Wednesday, January 18, 2023 | ||
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 01/18 8:02 AM
PAPERLESS ORDER GRANTING40 : This matter is before the Court pursuant to Defendant Medigap Life, LLC's ("Defendant") Consent Motion to Extend Time to File Reply in Support of Motion to Stay Non-Arbitration Discovery ("Consent Motion") [DE 40]. Accordingly, after careful consideration, it is hereby ORDERED that Defendant's Consent Motion [DE 40] is GRANTED. Defendant may file its Reply in support of its Motion to Stay Non-Arbitration Discovery ("Motion to Stay") [DE 35] on or before January 27, 2023. As stated in the Court's January 13, 2023 Paperless Order [DE 39], should the Motion to Stay remain contested, the Court will hear argument on said motion during the January 31, 2023 status conference. Signed by Magistrate Judge William Matthewman on 1/18/2023. (cpe) |
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Tuesday, January 17, 2023 | ||
40 | 40
![]() Consent MOTION for Extension of Time to File Response/Reply/Answer as to35 MOTION to Stay Non-Arbitration Discovery Pending Ruling on Motion to Compel Arbitration by Medigap Life, LLC. (Watstein, Ryan) |
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Friday, January 13, 2023 | ||
order
- Order (PAPERLESS or pdf attached)
Fri 01/13 2:49 PM
PAPERLESS ORDER: This matter is before the Court pursuant to: (1) Defendant's Motion to Compel Arbitration and to Dismiss or Stay Proceedings Pending Arbitration ("Motion to Compel Arbitration") [DE 34]; and (2) Defendant's Motion to Stay Non-Arbitration Discovery Pending Ruling on Motion to Compel Arbitration ("Motion to Stay") [DE 35]. Within Defendant's Motion to Compel Arbitration, Defendant requests that the Court "enforce Plaintiff's arbitration agreement, grant the instant motion, and dismiss this action." [DE 34 at 11]. While Plaintiff has filed a Notice of No Opposition [DE 38] to Defendant's Motion to Compel Arbitration and has therefore seemingly agreed that the case should be dismissed, Plaintiff has confusingly simultaneously filed a "Response to Defendant's Motion to Stay" [DE 37], indicating that Plaintiff is requesting the Court to direct Defendant "to participate in discovery relevant to the motion to compel arbitration." [DE 37 at 2]. Thus, Plaintiff's position in both the Notice of No Opposition [DE 38] and the Response to Defendant's Motion to Stay [DE 37] appears to be contradictory. Accordingly, on or before January 20, 2023, Plaintiff shall file a Notice with the Court, clarifying her position on the status of the case and on the two motions. Should either of Defendant's motions remain contested, the Court will hear argument on the motions during the January 31, 2023 status conference. Signed by Magistrate Judge William Matthewman on 1/13/2023. (cpe) |
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Thursday, January 12, 2023 | ||
38 | 38
![]() NOTICE by Virginia Johnson re34 Defendant's MOTION to Compel Arbitration and to Dismiss or Stay Proceedings Pending Arbitration of No Opposition to Motion (Kaufman, Avi) |
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Monday, January 09, 2023 | ||
37 | 37
![]() RESPONSE in Opposition re35 MOTION to Stay Non-Arbitration Discovery Pending Ruling on Motion to Compel Arbitration filed by Virginia Johnson. Replies due by 1/17/2023. (Kaufman, Avi) |
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Friday, December 30, 2022 | ||
36 | 36
![]() NOTICE by Medigap Life, LLC re35 MOTION to Stay Non-Arbitration Discovery Pending Ruling on Motion to Compel Arbitration of Filing Proposed Order (Watstein, Ryan) |
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Att: 1
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35 | 35
![]() MOTION to Stay Non-Arbitration Discovery Pending Ruling on Motion to Compel Arbitration by Medigap Life, LLC. Responses due by 1/13/2023(Watstein, Ryan) |
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Att: 1
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Thursday, December 29, 2022 | ||
34 | 34
![]() Defendant's MOTION to Compel Arbitration and to Dismiss or Stay Proceedings Pending Arbitration by Medigap Life, LLC. Responses due by 1/12/2023(Watstein, Ryan) |
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Att: 1
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Att: 2
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Att: 3
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Att: 4
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Wednesday, December 21, 2022 | ||
31 | 31
![]() TRANSCRIPT of Official Electronic Sound Recording of Proceedings held on 11/30/2022 before Magistrate Judge William Matthewman, 1 - 27 pages, Court Reporter: James Pence-Aviles, 619-587-0173 / James_PenceAviles@casd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/21/2023. (Pence-Aviles, James) |
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30 | 30
![]() RESPONSE to Motion re23 MOTION for Extension of Time to file Motion for Class Certification filed by Medigap Life, LLC. Replies due by 12/28/2022. (Chapman, Nathan) |
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28 | 28
![]() NOTICE by Virginia Johnson re23 MOTION for Extension of Time to file Motion for Class Certification , 27 Order,,,, Set/Reset Motion/R&R Deadlines and Hearings,,, of Conferral and No Opposition to Motion (Kaufman, Avi) |
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order
Order on Motion to Appear Pro Hac Vice
Wed 12/21 10:50 AM
PAPERLESS ORDER granting26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael S. Qin. Signed by Magistrate Judge William Matthewman on 12/21/2022. (cpe) |
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utility
~Util - Terminate Deadlines and Hearings
Wed 12/21 1:19 PM
Hearing(s) terminated re: DE #19 as to prior presider. (jmd) |
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order
Order on Motion for Extension of Time
Wed 12/21 3:56 PM
PAPERLESS ORDER GRANTING23 : This matter is before the Court upon the following: (1) Plaintiff's Motion for Extension of Time ("Motion") [DE 23]; (2) the Court's December 20, 2022 Paperless Order [DE 27], directing Defendant to file a response to the Motion; (3) Plaintiff's Notice of Conferral Regarding Motion for Extension of Time [DE 28]; and (4) Defendant's Response to Plaintiff's Motion for Extension of Time [DE 30]. After reviewing Plaintiff's Motion, the Court finds good cause to grant the extension. Accordingly, it is hereby ORDERED that Plaintiff shall have until on or before January 18, 2023, to file any motion for class certification. In the future, the parties are directed to closely follow Local Rule 7.1(a)(3) and to attempt good faith conferral before filing their motions. Signed by Magistrate Judge William Matthewman on 12/21/2022. (cpe) |
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order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Wed 12/21 3:59 PM
PAPERLESS ORDER: THIS CAUSE is now set before the Undersigned United States Magistrate Judge for all further purposes, including trial. [DE 21; DE 22]. Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on January 31, 2023, at 3:30 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) proposed changes to the existing pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates, (4) the status of the current litigation, and (5) any other matters which need to be addressed by the parties or the Court. Due to the Court's schedule and an upcoming trial, this is the earliest current date at which the Court can set the status conference. Should the Court's schedule change, the Court will endeavor to conduct the status conference earlier. Signed by Magistrate Judge William Matthewman on 12/21/2022. (cpe) |
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Tuesday, December 20, 2022 | ||
26 | 26
![]() MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael S. Qin. Filing Fee $ 200.00 Receipt # AFLSDC-16186610 by Medigap Life, LLC. Responses due by 1/3/2023(Watstein, Ryan) |
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Att: 1
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Att: 2
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25 | 25
![]() ORDER SETTING DISCOVERY PROCEDURE: Signed by Magistrate Judge William Matthewman on 12/20/2022. See attached document for full details. (mab) |
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order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Motion/R&R Deadlines and Hearings
Tue 12/20 3:54 PM
PAPERLESS ORDER: This matter is before the Court pursuant to Plaintiff's Motion for Extension of Time ("Motion") [DE 23], in which Plaintiff requests to extend the deadline to file a motion for class certification. Although the Court notes that it plans to set a status conference in this matter to address the date of the trial and the corresponding pre-trial deadlines, the Certificate of Conferral in Plaintiff's Motion indicates that Plaintiff has received no response from Defendant as to the requested relief. Accordingly, on or before December 21, 2022, Defendant shall file a response to the Motion. The Court will then rule promptly and schedule a status conference thereafter. Signed by Magistrate Judge William Matthewman on 12/20/2022. (cpe) |
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Monday, December 19, 2022 | ||
24 | 24
![]() NOTICE by Virginia Johnson re23 MOTION for Extension of Time to file Motion for Class Certification of filing Proposed Order (Kaufman, Avi) |
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23 | 23
![]() MOTION for Extension of Time to file Motion for Class Certification by Virginia Johnson. Responses due by 1/3/2023 (Kaufman, Avi) |
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22 | 22
![]() ORDER REFERRING CASE to Magistrate Judge William Matthewman for Trial. Judge Donald M. Middlebrooks no longer assigned as presider judge in case. Signed by Judge Donald M. Middlebrooks on 12/19/2022. See attached document for full details. (mab) |
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Thursday, December 15, 2022 | ||
21 | 21
![]() Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Virginia Johnson (Kaufman, Avi) |
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Friday, December 09, 2022 | ||
20 | 20
![]() Joint SCHEDULING REPORT - Rule 16.1 by Virginia Johnson (Kaufman, Avi) |
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Friday, December 02, 2022 | ||
19 | 19
![]() PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 12/9/2022., Discovery due by 3/23/2023., Fact Discovery due by 3/23/2023., Expert Discovery due by 3/23/2023., Joinder of Parties due by 12/9/2022., In Limine Motions due by 4/6/2023., Dispositive Motions due by 4/6/2023., Motions due by 4/6/2023., Pretrial Stipulation due by 5/8/2023., Jury Trial set for 6/5/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 5/31/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 12/2/2022. See attached document for full details. (ebz) |
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18 | 18
![]() ORDER DENYING DEFENDANT'S MOTION TO VACATE THE TRIAL DATE AND BIFURCATE DISCOVERY [DE 12]. Signed by Magistrate Judge William Matthewman on 12/2/2022. See attached document for full details. (kza) |
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Wednesday, November 30, 2022 | ||
minutes
Scheduling Conference
Wed 11/30 11:12 AM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/30/2022. The Court discussed whether parties would be added, the trial period and pretrial deadlines. The Court heard argument on Defendant's Motion to Vacate the trial date and to Bifurcate Discovery [DE 12]. The Court took the motion under advisement. A Written order will be issued. The Court also discussed the sealing of documents, consent to magistrate judge jurisdiction, mediation and/or settlement conference, requirements if a settlement is reached, the local rules, discovery and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 33 minutes. Attorney Appearance(s): Avi Robert Kaufman, Ryan David Watstein, Michael, Qin. (Digital 10:32:47) (kza) |
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Tuesday, November 29, 2022 | ||
15 | 15
![]() Defendant's REPLY to Response to Motion re12 Defendant's MOTION to Vacate the Trial Date and Bifurcate Discovery With Incorporated Memorandum of Law filed by Medigap Life, LLC. (Watstein, Ryan) |
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minutes
Scheduling Conference ~Util - Set/Reset Hearings
Tue 11/29 2:15 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/29/2022. Defense counsel had a poor internet connection. The Court reset the Scheduling Conference. (Scheduling Conference reset for 11/30/2022 at 10:30 AM in West Palm Beach Division before Magistrate Judge William Matthewman.). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Total time in court: 09 minutes. Attorney Appearance(s): Avi Robert Kaufman, Ryan David Watstein. (Digital 14:00:20) (kza) |
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Tuesday, November 22, 2022 | ||
14 | 14
![]() RESPONSE in Opposition re12 Defendant's MOTION to Vacate the Trial Date and Bifurcate Discovery With Incorporated Memorandum of Law filed by Virginia Johnson. Replies due by 11/29/2022. (Kaufman, Avi) |
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Tuesday, November 08, 2022 | ||
13 | 13
![]() NOTICE of Attorney Appearance by Nathan David Chapman on behalf of Medigap Life, LLC. Attorney Nathan David Chapman added to party Medigap Life, LLC(pty:dft). (Chapman, Nathan) |
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12 | 12
![]() Defendant's MOTION to Vacate the Trial Date and Bifurcate Discovery With Incorporated Memorandum of Law by Medigap Life, LLC. Responses due by 11/22/2022(Watstein, Ryan) |
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Att: 1
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order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Tue 11/08 3:15 PM
PAPERLESS ORDER RE-SETTING SCHEDULING CONFERENCE: In light of the approach of Tropical Storm/Hurricane Nicole and the closure of the Paul G. Rogers Federal Courthouse in West Palm Beach, the scheduling conference set for November 10, 2022 is hereby RESET to November 29, 2022 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Signed by Magistrate Judge William Matthewman on 11/8/2022. (no00) |
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Friday, October 28, 2022 | ||
10 | 10
![]() Defendant's Corporate Disclosure Statement by Medigap Life, LLC identifying Corporate Parent Alliant Insurance Services, Inc. for Medigap Life, LLC (Watstein, Ryan) |
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9 | 9
![]() ANSWER and Affirmative Defenses to Complaint by Medigap Life, LLC. (Watstein, Ryan) |
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Thursday, October 13, 2022 | ||
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Thu 10/13 2:52 PM
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/10/2022 at 2:00 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 10/13/2022. (no00) |
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Tuesday, October 11, 2022 | ||
order
Order on Motion for Extension of Time
Tue 10/11 6:38 PM
PAPERLESS ORDER granting in part (DE5 ) Defendant's Unopposed Motion for Extension of Time. Defendant seeks an extension of time to respond to the complaint from October 7, 2022 to November 7, 2022. In support, Defendant's counsel represents that he was retained on October 6, 2022, needs additional time to investigate the matter, and has other personal and professional commitments. I find that Defendant's counsel provides good cause to grant an extension commensurate with the 21-day default under Fed. R. Civ. P. 12. Defendant, however, does not provide enough details for me to find good cause for a 30-day extension. Accordingly, Defendant's deadline to file an Answer is extended to October 28, 2022. Signed by Judge Donald M. Middlebrooks on 10/11/2022. (kal) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Wed 10/12 12:30 PM
Reset Answer Due Deadline: Medigap Life, LLC answer due 10/28/2022. Per d.e. 7 Order. (mee) |
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Friday, October 07, 2022 | ||
6 | 6
![]() ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 6/5/2023 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 5/31/2023 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 10/7/2022. See attached document for full details. (mab) |
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Thursday, October 06, 2022 | ||
5 | 5
![]() Unopposed MOTION for Extension of Time to Respond to Complaint re1 Complaint by Medigap Life, LLC. Attorney Ryan David Watstein added to party Medigap Life, LLC(pty:dft). Responses due by 10/20/2022(Watstein, Ryan) |
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Att: 1
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Tuesday, September 20, 2022 | ||
4 | 4
![]() SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Virginia Johnson. Medigap Life, LLC served on 9/16/2022, response/answer due 10/7/2022. (Kaufman, Avi) |
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Wednesday, September 14, 2022 | ||
3 | 3
![]() Summons Issued as to Medigap Life, LLC. (mab) |
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Tuesday, September 13, 2022 | ||
1 | 1
![]() COMPLAINT against MEDIGAP LIFE, LLC. Filing fees $ 402.00 receipt number AFLSDC-15945535, filed by VIRGINIA JOHNSON.(Kaufman, Avi) |
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Att: 1
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Att: 2
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order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 09/14 11:06 AM
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. (mab) |