Florida Middle District Court Records

(#32) ANSWER AND AFFIRMATIVE DEFENSES TO #1 COMPLAINT BY EXPERIAN INFORMATION SOLUTIONS, INC..(HOGAN, MICHELLE) (ENTERED: 10/14/2020)

(#31) ANSWER AND AFFIRMATIVE DEFENSES TO #1 COMPLAINT AND OTHER DEFENSES TO COMPLAINT BY EQUIFAX INFORMATION SERVICES LLC.(MEIER, ALEXANDER) (ENTERED: 10/13/2020)

(#20) NOTICE OF COMPLIANCE RE 19 ORDER ON MOTION TO APPEAR PRO HAC VICE BY S. Y. (HANLON, SHARON) (ENTERED: 10/16/2020)

(#19) ENDORSED ORDER GRANTING #17 MOTION OF VIRGINIA E. ANELLO, ESQ. FOR SPECIAL ADMISSION TO PRACTICE PRO HAC VICE PURSUANT TO LOCAL RULE 2.02, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING. THE CLERK OF COURT IS DIRECTED TO ADD VIRGINIA E. ANELLO TO THE SERVICE LIST. UNLESS ALREADY COMPLETED, WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER, VIRGINIA E. ANELLO MUST SEND ONLY ONE REQUIRED FEE TO THE CLERK'S OFFICE FOR HER SPECIAL APPEARANCE IN THE FIRST-FILED CASE NO. 2:20-CV-118-JES-MRM. THE COURT HEREBY WAIVES THE REQUIRED FEE FOR SPECIAL ADMISSION IN CONNECTION WITH ALL OTHER CASES PENDING IN THE FORT MYERS DIVISION IN WHICH VIRGINIA E. ANELLO IS GRANTED LEAVE TO APPEAR SPECIALLY FOR PLAINTIFFS S.Y. AND/OR C.S. THIS WAIVER DOES NOT APPLY TO ANY OTHER CASE IN WHICH VIRGINIA E. ANELLO MAY SEEK LEAVE TO APPEAR SPECIALLY FOR ANY OTHER PARTY OR IN ANY OTHER CASE PENDING IN ANOTHER DIVISION. ADDITIONALLY, GIVEN THE UNIQUE PROCEDURAL POSTURE OF THIS LITIGATION--INCLUDING THE SEVERANCE OF THE FIRST-FILED ACTION, THE RESULTING PROLIFERATION OF SEPARATE CASES, AND THE RELATEDNESS OF THE CLAIMS AND DEFENSES INVOLVED IN EACH OF THE SEVERED ACTIONS--THE COURT FINDS THAT VIRGINIA E. ANELLO'S APPEARANCE IN EACH SEVERED CASE BROUGHT ON BEHALF OF S.Y. AND C.S. DOES NOT CONSTITUTE THE MAINTENANCE OF A REGULAR PRACTICE OF LAW IN FLORIDA SUCH THAT HER SPECIAL APPEARANCE SHOULD BE DENIED. UNLESS ALREADY COMPLETED, WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER, VIRGINIA E. ANELLO MUST COMPLETE AND SUBMIT THE E-FILER REGISTRATION FORM FOR CM/ECF. FAILURE TO REGISTER MAY CAUSE THE COURT TO REVOKE PERMISSION TO APPEAR SPECIALLY. SIGNED BY MAGISTRATE JUDGE MAC R. MCCOY ON 10/16/2020. (MCCOY, MAC) (ENTERED: 10/16/2020)

(#39) ORDER: THE JOINT STIPULATION FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION WITHOUT PREJUDICE IS APPROVED #38. PLAINTIFF'S CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION, ONLY, ARE DISMISSED, WITHOUT PREJUDICE. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEYS' FEES. THE CLERK IS DIRECTED TO TERMINATE DEFENDANT MCKESSON CORPORATION AS A PARTY TO THIS CASE. SIGNED BY JUDGE CHARLENE EDWARDS HONEYWELL ON 9/25/2020. (BGS) (ENTERED: 09/25/2020)

(#38) STIPULATION OF DISMISSAL OF CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION WITHOUT PREJUDICE BY BARD PERIPHERAL VASCULAR INC., CR BARD INC, MCKESSON CORPORATION. (OCARIZ, REBECCA) (ENTERED: 09/24/2020)

(#51) ORDER GRANTING #50 MOTION TO WITHDRAW AS ATTORNEY. ATTORNEYS STEVEN SCOTT SCHULTE; DARREN MCDOWELL AND ERIC MARTIN PRZYBYSZ TERMINATED AS COUNSEL FOR PLAINTIFF. SIGNED BY MAGISTRATE JUDGE LESLIE R. HOFFMAN ON 9/24/2020. (MKH) (ENTERED: 09/24/2020)

(#50) MOTION FOR TO WITHDRAW AS ATTORNEY BY FERNANDO LOPEZ. (VINOCUR, REBECCA) MOTIONS REFERRED TO MAGISTRATE JUDGE LESLIE R. HOFFMAN. (ENTERED: 09/23/2020)

(#37) ANSWER TO #1 COMPLAINT BY TRANS UNION LLC.(LONG, CHARLOTTE) (ENTERED: 09/29/2020)

(#36) ENDORSED ORDER GRANTING THE UNOPPOSED MOTION TO AMEND NOTICE OF MEDIATION. (DOC. #35). THE JANUARY 11, 2021, MEDIATION IS NOW SET TO BEGIN AT 1:30PM. SIGNED BY JUDGE VIRGINIA M. HERNANDEZ COVINGTON ON 9/24/2020. (DMD) (ENTERED: 09/24/2020)

(#35) CERTIFICATE OF COMPLIANCE RE #16 ORDER BY FACTORTRUST, INC. (LONG, CHARLOTTE) (ENTERED: 10/13/2020)

(#34) CERTIFICATE OF COMPLIANCE RE #16 ORDER BY BRANDON GIBSON. (GEIGER, BRYAN) (ENTERED: 09/30/2020)

(#40) ENDORSED ORDER GRANTING #39 PLAINTIFF'S UNOPPOSED MOTION FOR SUBSTITUTION OF COUNSEL. ATTORNEY REBECCA S. VINOCUR IS ADDED AS ATTORNEY OF RECORD FOR PLAINTIFF. ATTORNEYS DARREN MCDOWELL, ERIC PRZYBYSZ, AND STEVEN S. SCHULTE ARE TERMINATED. SIGNED BY MAGISTRATE JUDGE CHRISTOPHER P. TUITE ON 9/22/2020. (MJP) (ENTERED: 09/22/2020)

(#39) MOTION TO SUBSTITUTE ATTORNEY BY MARIBEL DIAS. (VINOCUR, REBECCA) MOTIONS REFERRED TO MAGISTRATE JUDGE CHRISTOPHER P. TUITE. (ENTERED: 09/22/2020)

(#44) ENDORSED ORDER GRANTING #43 MOTION TO STAY ALL DEADLINES FOR NINETY (90) DAYS. SIGNED BY JUDGE WILLIAM F. JUNG ON 9/10/2020. (CCB) (ENTERED: 09/10/2020)

(#43) JOINT MOTION TO STAY AND INCORPORATED MEMORANDUM OF LAW BY BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (YAGODA, JAY) (ENTERED: 09/09/2020)

(#32) ENDORSED ORDER DENYING THE JOINT MOTION FOR TEMPORARY STAY. (DOC. #31). HOWEVER, BASED ON THE REPRESENTATION THAT THE PARTIES HAVE REACHED A SETTLEMENT IN PRINCIPLE, THIS CAUSE IS HEREBY DISMISSED, WITHOUT PREJUDICE AND SUBJECT TO THE RIGHT OF THE PARTIES, WITHIN 90 DAYS OF THE DATE HEREOF, TO SUBMIT A STIPULATED FORM OF FINAL ORDER OR JUDGMENT, OR REQUEST AN EXTENSION OF TIME, SHOULD THEY SO CHOOSE OR FOR ANY PARTY TO MOVE TO REOPEN THE ACTION, UPON GOOD CAUSE BEING SHOWN. AFTER THAT 90 DAY PERIOD, HOWEVER, WITHOUT FURTHER ORDER, THIS DISMISSAL SHALL BE DEEMED WITH PREJUDICE. FURTHERMORE, THE COURT ADVISES THE PARTIES THAT "GOOD CAUSE" EXISTS TO REOPEN AN ACTION WHEN A SETTLEMENT AGREEMENT HAS YET TO BE FINALIZED BECAUSE OF VARIOUS DELAYS. BUT INCOMPLETE PERFORMANCE OF AN EXECUTED SETTLEMENT AGREEMENT, SUCH AS THE FAILURE TO DISBURSE SETTLEMENT FUNDS, DOES NOT CONSTITUTE GOOD CAUSE TO REOPEN AN ACTION. THIS COURT DOES NOT RETAIN JURISDICTION TO ENSURE PERFORMANCE OF A SETTLEMENT AGREEMENT BECAUSE SUCH FAILURE TO PERFORM SHOULD BE ADDRESSED IN A SEPARATE BREACH OF CONTRACT ACTION. THE CLERK IS DIRECTED TO TERMINATE ANY PREVIOUSLY SCHEDULED DEADLINES AND THEREAFTER CLOSE THIS CASE. SIGNED BY JUDGE VIRGINIA M. HERNANDEZ COVINGTON ON 8/28/2020. (DMD) (ENTERED: 08/28/2020)

(#31) JOINT MOTION TO STAY TEMPORARILY FOR A PERIOD OF NINETY (90) DAYS TO ALLOW THE PARTIES TO FINALIZE SETTLEMENT DETAILS AND INCORPORATED MEMORANDUM OF LAW BY BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (OCARIZ, REBECCA) (ENTERED: 08/27/2020)

(#36) ENDORSED ORDER DENYING THE JOINT MOTION FOR TEMPORARY STAY. (DOC. #35). HOWEVER, BASED ON THE REPRESENTATION THAT THE PARTIES HAVE REACHED A SETTLEMENT IN PRINCIPLE, THIS CAUSE IS HEREBY DISMISSED, WITHOUT PREJUDICE AND SUBJECT TO THE RIGHT OF THE PARTIES, WITHIN 90 DAYS OF THE DATE HEREOF, TO SUBMIT A STIPULATED FORM OF FINAL ORDER OR JUDGMENT, OR REQUEST AN EXTENSION OF TIME, SHOULD THEY SO CHOOSE OR FOR ANY PARTY TO MOVE TO REOPEN THE ACTION, UPON GOOD CAUSE BEING SHOWN. AFTER THAT 90 DAY PERIOD, HOWEVER, WITHOUT FURTHER ORDER, THIS DISMISSAL SHALL BE DEEMED WITH PREJUDICE. FURTHERMORE, THE COURT ADVISES THE PARTIES THAT "GOOD CAUSE" EXISTS TO REOPEN AN ACTION WHEN A SETTLEMENT AGREEMENT HAS YET TO BE FINALIZED BECAUSE OF VARIOUS DELAYS. BUT INCOMPLETE PERFORMANCE OF AN EXECUTED SETTLEMENT AGREEMENT, SUCH AS THE FAILURE TO DISBURSE SETTLEMENT FUNDS, DOES NOT CONSTITUTE GOOD CAUSE TO REOPEN AN ACTION. THIS COURT DOES NOT RETAIN JURISDICTION TO ENSURE PERFORMANCE OF A SETTLEMENT AGREEMENT BECAUSE SUCH FAILURE TO PERFORM SHOULD BE ADDRESSED IN A SEPARATE BREACH OF CONTRACT ACTION. THE CLERK IS DIRECTED TO TERMINATE ANY PREVIOUSLY SCHEDULED DEADLINES AND THEREAFTER CLOSE THIS CASE. SIGNED BY JUDGE VIRGINIA M. HERNANDEZ COVINGTON ON 8/26/2020. (DMD) (ENTERED: 08/26/2020)

(#35) JOINT MOTION TO STAY AND INCORPORATED MEMORANDUM OF LAW BY BARD PERIPHERAL VASCULAR INCORPORATED, C R BARD INC. (YAGODA, JAY) (ENTERED: 08/26/2020)

(#38) ENDORSED ORDER DENYING THE JOINT MOTION FOR TEMPORARY STAY. (DOC. #37). HOWEVER, BASED ON THE REPRESENTATION THAT THE PARTIES HAVE REACHED A SETTLEMENT IN PRINCIPLE, THIS CAUSE IS HEREBY DISMISSED, WITHOUT PREJUDICE AND SUBJECT TO THE RIGHT OF THE PARTIES, WITHIN 90 DAYS OF THE DATE HEREOF, TO SUBMIT A STIPULATED FORM OF FINAL ORDER OR JUDGMENT, OR REQUEST AN EXTENSION OF TIME, SHOULD THEY SO CHOOSE OR FOR ANY PARTY TO MOVE TO REOPEN THE ACTION, UPON GOOD CAUSE BEING SHOWN. AFTER THAT 90 DAY PERIOD, HOWEVER, WITHOUT FURTHER ORDER, THIS DISMISSAL SHALL BE DEEMED WITH PREJUDICE. FURTHERMORE, THE COURT ADVISES THE PARTIES THAT "GOOD CAUSE" EXISTS TO REOPEN AN ACTION WHEN A SETTLEMENT AGREEMENT HAS YET TO BE FINALIZED BECAUSE OF VARIOUS DELAYS. BUT INCOMPLETE PERFORMANCE OF AN EXECUTED SETTLEMENT AGREEMENT, SUCH AS THE FAILURE TO DISBURSE SETTLEMENT FUNDS, DOES NOT CONSTITUTE GOOD CAUSE TO REOPEN AN ACTION. THIS COURT DOES NOT RETAIN JURISDICTION TO ENSURE PERFORMANCE OF A SETTLEMENT AGREEMENT BECAUSE SUCH FAILURE TO PERFORM SHOULD BE ADDRESSED IN A SEPARATE BREACH OF CONTRACT ACTION. THE CLERK IS DIRECTED TO TERMINATE ANY PREVIOUSLY SCHEDULED DEADLINES AND THEREAFTER CLOSE THIS CASE. SIGNED BY JUDGE VIRGINIA M. HERNANDEZ COVINGTON ON 8/27/2020. (SGM) (ENTERED: 08/27/2020)

(#37) JOINT MOTION TO STAY BY BARD PERIPHERAL VASCULAR INC., C R BARD INC, MCKESSON CORPORATION. (OCARIZ, REBECCA) (ENTERED: 08/27/2020)

(#40) ENDORSED ORDER: ON THE BASIS OF THE "JOINT MOTION FOR TEMPORARY STAY AND INCORPORATED MEMORANDUM OF LAW" (DOC. #38), THIS CAUSE IS HEREBY DISMISSED WITHOUT PREJUDICE, SUBJECT TO THE RIGHT OF THE PARTIES WITHIN 90 DAYS OF THE DATE HEREOF, TO SUBMIT A STIPULATED FORM OF FINAL ORDER OR JUDGMENT, OR REQUEST AN EXTENSION OF TIME, SHOULD THEY SO CHOOSE, OR FOR ANY PARTY TO MOVE TO REOPEN THE ACTION, UPON GOOD CAUSE BEING SHOWN. AFTER THAT 90 DAY PERIOD, HOWEVER, WITHOUT FURTHER ORDER, THIS DISMISSAL SHALL BE DEEMED WITH PREJUDICE. THE CLERK IS DIRECTED TO TERMINATE ANY PENDING MOTIONS AND DEADLINES, AND THEREAFTER CLOSE THIS CASE. SIGNED BY JUDGE THOMAS P. BARBER ON 9/10/2020. (ANL) (ENTERED: 09/10/2020)

(#39) ENDORSED ORDER GRANTING #36 MOTION TO SUBSTITUTE ATTORNEY. ATTORNEY JORDAN E. JARREAU AND MELISSA DORMAN MATTHEWS TERMINATED. SIGNED BY MAGISTRATE JUDGE AMANDA ARNOLD SANSONE ON 9/9/2020. (MLM) (ENTERED: 09/09/2020)

(#39) 90 DAY ORDER DISMISSING CASE. AFTER THAT 60-DAY PERIOD, HOWEVER, DISMISSAL SHALL BE WITH PREJUDICE. ANY PENDING MOTIONS ARE DENIED AS MOOT AND THE CLERK IS DIRECTED TO TERMINATE ALL DEADLINES AND ADMINISTRATIVELY CLOSE THE FILE. SIGNED BY JUDGE CHARLENE EDWARDS HONEYWELL ON 9/10/2020. (BGS) (ENTERED: 09/10/2020)

(#38) ORDER: THE JOINT STIPULATION FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION WITHOUT PREJUDICE IS APPROVED #35. PLAINTIFF'S CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION, ONLY, ARE DISMISSED, WITHOUT PREJUDICE. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEYS' FEES. THE CLERK IS DIRECTED TO TERMINATE DEFENDANT MCKESSON CORPORATION AS A PARTY TO THIS CASE. SIGNED BY JUDGE CHARLENE EDWARDS HONEYWELL ON 9/10/2020. (BGS) (ENTERED: 09/10/2020)

(#46) ENDORSED ORDER VACATING RE 39 ORDER DENYING MOTION TO STAY. THE CASE IS HEREBY STAYED FOR A PERIOD OF 120 DAYS TO PROMOTE SETTLEMENT. SIGNED BY JUDGE PAUL G. BYRON ON 10/23/2020. (CPH) (ENTERED: 10/23/2020)

(#45) JOINT NOTICE BY ALL PARTIES OF CORRECTION TO #44 CASE MANAGEMENT REPORT. (OCARIZ, REBECCA) TEXT MODIFIED ON 10/20/2020 (RDO). (ENTERED: 10/19/2020)

(#58) ORDER APPOINTING PETER GRILLI, ESQ. AS MEDIATOR IN THIS ACTION. THE MEDIATION CONFERENCE IS SCHEDULED FOR APRIL 13, 2021, AT 9:30AM. THE COURT DIRECTS THAT ALL COUNSEL, PARTIES, CORPORATE REPRESENTATIVES, AND ANY OTHER REQUIRED CLAIMS PROFESSIONALS SHALL BE PRESENT AT THE MEDIATION CONFERENCE WITH FULL AUTHORITY TO NEGOTIATE A SETTLEMENT. THE COURT DOES NOT ALLOW MEDIATION BY TELEPHONE OR VIDEO CONFERENCE. PERSONAL ATTENDANCE IS REQUIRED. SEE LOCAL RULE 9.05(C). SIGNED BY JUDGE VIRGINIA M. HERNANDEZ COVINGTON ON 10/23/2020. (LEA) (ENTERED: 10/23/2020)

(#57) NOTICE OF MEDIATION CONFERENCE/HEARING TO BE HELD ON APRIL 13, 2021 AT 9:30 A.M. BEFORE MR. PETER J. GRILLI. (MA, JONATHAN) (ENTERED: 10/22/2020)

SET DEADLINE: STATUS REPORT DUE BY 11/19/2020. (LDJ) (ENTERED: 09/17/2020)

(#38) ORDER GRANTING IN PART AND DENYING IN PART #36 MOTION TO STAY. THE PARTIES ARE DIRECTED TO FILE A JOINT STATUS REPORT ON OR BEFORE THURSDAY, NOVEMBER 19, 2020. THE CLERK IS DIRECTED TO ADMINISTRATIVELY CLOSE THE CASE. SIGNED BY JUDGE ROY B. DALTON, JR. ON 9/17/2020. (BIA) (CTP) (ENTERED: 09/17/2020)

(#42) ORDER RE #38 JOINT STIPULATION FOR DISMISSAL OF CLAIMS AGAINST DEFENDANT MCKESSON CORPORATION WITHOUT PREJUDICE. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(A)(1)(A)(II), THE CLERK IS DIRECTED TO TERMINATE DEFENDANT'S MOTION TO DISMISS (DOC. 7), TERMINATE MCKESSON CORPORATION AS A DEFENDANT IN THIS MATTER, AND AMEND THE CASE STYLE ACCORDINGLY. SIGNED BY JUDGE WENDY W. BERGER ON 9/9/2020. (RMF)CTP (ENTERED: 09/09/2020)

(#41) ORDER GRANTING #39 JOINT MOTION FOR TEMPORARY STAY AND INCORPORATED MEMORANDUM OF LAW. THIS PROCEEDING IS STAYED UNTIL DECEMBER 7, 2020. WHEN THE SETTLEMENT IS FINALIZED, PROMPT NOTICE SHALL BE PROVIDED IN ACCORDANCE WITH LOCAL RULE 3.08. IF THE PARTIES HAVE NOT FINALIZED THE SETTLEMENT, THEN THEY SHALL FILE A STATUS REPORT BY DECEMBER 7, 2020. THE CLERK IS DIRECTED TO ADMINISTRATIVELY CLOSE THIS CASE. SIGNED BY MAGISTRATE JUDGE GREGORY J. KELLY ON 9/8/2020. (MB) (ENTERED: 09/08/2020)

(#25) NOTICE OF APPEARANCE BY JOHANNA W. CLARK ON BEHALF OF COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC (CLARK, JOHANNA) (ENTERED: 10/14/2020)

(#24) NOTICE OF APPEARANCE BY CAYCEE HAMPTON ON BEHALF OF COLOPLAST CORP., COLOPLAST MANUFACTURING US, LLC (HAMPTON, CAYCEE) (ENTERED: 10/14/2020)

(#20) TRANSMITTAL OF INITIAL APPEAL PACKAGE TO USCA CONSISTING OF COPIES OF NOTICE OF APPEAL, DOCKET SHEET, ORDER/JUDGMENT BEING APPEALED, AND MOTION, IF APPLICABLE TO USCA RE #19 NOTICE OF APPEAL. (BES) (ENTERED: 10/20/2020)

(#19) NOTICE OF APPEAL AS TO #18 ORDER ON MOTION TO DISMISS BY GAINESVILLE ROAD COMMUNITY TRUST. FILING FEE $ 505, RECEIPT NUMBER 113A-17439836. (ATTACHMENTS: #1 EXHIBIT A)(SIRIANNI, ROBERT) (ENTERED: 10/19/2020)

(#41) ENDORSED ORDER GRANTING #40 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT. DEFENDANTS SHALL HAVE UP TO AND INCLUDING DECEMBER 29, 2020 TO RESPOND TO #39 THE AMENDED COMPLAINT. SIGNED BY MAGISTRATE JUDGE JOEL B. TOOMEY ON 10/9/2020. (RLS) (ENTERED: 10/09/2020)

(#40) UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE/REPLY AS TO #39 AMENDED COMPLAINT BY BARD PERIPHERAL VASCULAR INC., C R BARD INC. (OCARIZ, REBECCA) MOTIONS REFERRED TO MAGISTRATE JUDGE JOEL B. TOOMEY. (ENTERED: 10/08/2020)