Theodore D'Apuzzo, P.A. v. United States

Federal Civil Lawsuit Florida Southern District Court, Case No. 0:16-cv-62769
District Judge Robert N. Scola, Jr, presiding
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District Judge Robert N. Scola, Jr
Last Updated July 28, 2025 at 7:38 PM EDT (6.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Theodore D'Apuzzo, P.A., Plaintiff

Represented by Giuliano Law, PA

Name Phone Fax E-Mail
Space Douglas J. Giuliano +1 954 848 2940 doug@giulianolaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Nicole W. Giuliano +1 954 848 2940 +1 954 848 2941 nicole@giulianolaw.com

Represented by Suite 203

Name Phone Fax E-Mail
Individually and on Behalf of All  Others Similarly Situated John Anthony Van Ness +1 954 962 0500 +9620 962 962 0606 tvanness@vanlawfl.com

Represented by Van Ness Law Firm, PA

Name Phone Fax E-Mail
Space John Anthony Van Ness tvanness@vanlawfl.com

Represented by Van Ness Law Firm, PLC

Name Phone Fax E-Mail
Space Morgan Lyle Weinstein morgan@mlwlegal.com
v.
United States of America United States of America, Defendant

Represented by Office Of The United States Attorney, Eastern District Of Virginia

Name Phone Fax E-Mail
Space Alicia Hayley Welch +1 305 961 9370 Alicia.Welch@usdoj.gov

Represented by U.S. Attorney's Office Civil Division

Name Phone Fax E-Mail
Space Alicia Hayley Welch
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 190 - Contract: Other Contract Actions
Jurisdiction U.S. Government Defendant
Case Status closed
Jury Demand None
Timeline
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Legal Document (Payment Possibly Required) 26 Filed: 4/10/2017, Entered: None Unknown Document TypeCourt Filing
ORDER granting 17 Motion to Stay. Signed by Judge Robert N. Scola, Jr on 4/10/2017. (lk) (Entered: 04/11/2017)
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Legal Document (Payment Possibly Required)  Filed: 1/23/2018, Entered: None Unknown Document Type
Set Deadlines Per DE#43. Miscellaneous Deadline 1/26/2018. Replies due by 2/2/2018. (cqs)
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Legal Document (Payment Possibly Required) 112 Filed: 8/6/2020, Entered: 8/6/2020
MANDATE of USCA for the FEDERAL CIRCUIT (certified copy). AFFIRM Order/Judgment of the district court re 105 Notice of Appeal, filed by Theodore D'Apuzzo, P.A.; Date Issued: 8/6/2020; USCA for the Federal Circuit Case Number: 2019-2311. (apz)
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Legal Document (Payment Possibly Required) 111 Filed: 6/15/2020, Entered: 6/16/2020
MANDATE of USCA for the FEDERAL CIRCUIT (certified copy). AFFIRM Order/Judgment of the district court re 105 Notice of Appeal, filed by Theodore D'Apuzzo, P.A.; Date Issued: 6/15/2020; USCA for the Federal Circuit Case Number: 19-2311. (apz)
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Legal Document (Payment Possibly Required) 110 Filed: 9/19/2019, Entered: 9/19/2019
NOTICE of Compliance by Theodore D'Apuzzo, P.A. re 109 Order on Report and Recommendations,, Order on Motion to Tax Costs,,, (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 109 Filed: 9/13/2019, Entered: 9/13/2019 Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Granting 100 Motion to Tax Costs. ; Adopting 107 Report and Recommendations. Certificate of Appealability: No Ruling. Consistent with the report, the Court awards $1,388.25 in costs to the Government to be paid by the Plaintiff, Theodore DApuzzo, P.A. Signed by Judge Robert N. Scola, Jr on 9/13/2019. See attached document for full details. (cds)
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Legal Document (Payment Possibly Required) 108 Filed: 8/30/2019, Entered: 8/30/2019 Court Filing
TRANSCRIPT of hearing held on 6/26/19 before Judge Robert N. Scola, Jr, 1-55 pages, Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.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 9/20/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/29/2019. (tnr)
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Legal Document (Payment Possibly Required) 107 Filed: 8/29/2019, Entered: 8/29/2019 Court Filing
REPORT AND RECOMMENDATION re 100 Defendant's MOTION to Tax Costs. Objections to R&R due by 9/12/2019. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/29/2019. See attached document for full details. (jsa)
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Legal Document (Payment Possibly Required) 106 Filed: 8/27/2019, Entered: 8/28/2019
Acknowledgment of Receipt of NOA from US FEDERAL CIRCUIT re 105 Notice of Appeal,, filed by Theodore D'Apuzzo, P.A.. Date received by US FEDERAL CIRCUIT: 8/27/2019. US FEDERAL CIRCUIT Case Number: 19-2311. (amb)
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Blank  Filed: 8/20/2019, Entered: 8/20/2019
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 105 Notice of Appeal. Notice has been electronically mailed. (hh)
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Legal Document (Payment Possibly Required) 105 Filed: 8/20/2019, Entered: 8/20/2019
Notice of Appeal as to 102 Judgment, 99 Order on Motion for Reconsideration, Order on Motion for Summary Judgment,, Order on Motion in Limine by Theodore D'Apuzzo, P.A.. Filing fee $ 505.00 receipt number 113C-11915801. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 104 Filed: 8/7/2019, Entered: 8/7/2019
REPLY to Response to Motion re 100 Defendant's MOTION to Tax Costs filed by United States of America. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 103 Filed: 8/5/2019, Entered: 8/5/2019
RESPONSE to Motion re 100 Defendant's MOTION to Tax Costs filed by Theodore D'Apuzzo, P.A.. Replies due by 8/12/2019. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 102 Filed: 7/30/2019, Entered: 7/30/2019 Court Filing
JUDGMENT in favor of United States of America against Theodore D'Apuzzo, P.A. Signed by Judge Robert N. Scola, Jr on 7/29/2019. See attached document for full details. (cds)
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Blank 101 Filed: 7/23/2019, Entered: 7/23/2019 Court Filing
PAPERLESS ORDER referring the Government's motion to tax costs 100 to United States Magistrate Judge Alicia M. Otazo-Reyes to be heard and determined, consistent with 28 U.S.C. ยง 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of the Local Magistrate Judge Rules. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 100 Filed: 7/23/2019, Entered: 7/23/2019
Defendant's MOTION to Tax Costs by United States of America. Responses due by 8/6/2019 (Attachments: # 1 Exhibit A - Bill of Costs, # 2 Exhibit B - Invoices, # 3 Exhibit C - Initial Disclosures)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 99 Filed: 6/27/2019, Entered: 6/27/2019 Court Filing
Order on Motions for Summary Judgment 67 70 . Closing Case. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (zlz)
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Blank 98 Filed: 6/26/2019, Entered: 6/26/2019 Court Filing
PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held on 6/26/2019 re 67 Defendant's MOTION for Summary Judgment filed by United States of America, and 70 Plaintiff's MOTION for Summary Judgment filed by Theodore D'Apuzzo, P.A. Total time in court: 1 hour and 8 minutes. Attorney Appearance(s): Nicole W. Giuliano, and Douglas J. Giuliano, for plaintiff. AUSA Alicia Hayley Welch, and William Meyers for defendant. Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jh)
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Blank 97 Filed: 6/24/2019, Entered: 6/24/2019 Court Filing
PAPERLESS ORDER granting the Government's unopposed motion to bring electronic equipment into the Courtroom. Alicia Welch, Meredith Ketchum, and all attorneys of record for the Plaintiff, as well as their administrative support staff, are permitting to bring laptop computers and cellphones into the Wilkie D. Ferguson Courthouse on June 26, 2019. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 96 Filed: 6/24/2019, Entered: 6/24/2019
Unopposed MOTION to Bring Electronic Equipment into the courtroom by United States of America. Responses due by 7/8/2019 (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Blank 95 Filed: 6/7/2019, Entered: 6/7/2019 Court Filing
PAPERLESS ORDER: The Court has determined that a hearing will be necessary to resolve the parties' cross-motions for summary judgment 67 70 . On June 26, 2019, at 10:00 AM the Court will hold a one-hour hearing on the motions. The parties shall prepare and present argument on their entitlement to judgment for each of the claims in this case at that time. Motion Hearing set for 6/26/2019 10:00 AM in Miami Division, Court 12-3, before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr. (zlz)
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Blank 94 Filed: 5/17/2019, Entered: 5/17/2019 Court Filing
PAPERLESS ORDER granting the parties' joint motion for modification of scheduling order and continuance of trial date 93 . All remaining trial and pretrial deadlines in this case are suspended pending entry of a revised scheduling order, if necessary. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 93 Filed: 5/17/2019, Entered: 5/17/2019
Joint MOTION to Continue re 81 Scheduling Order,, by Theodore D'Apuzzo, P.A.. Responses due by 5/31/2019 (Attachments: # 1 Text of Proposed Order)(Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 92 Filed: 5/9/2019, Entered: 5/9/2019
REPLY to Response to Motion re 90 Defendant's MOTION in Limine filed by United States of America. (Attachments: # 1 Exhibit A)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 91 Filed: 5/2/2019, Entered: 5/2/2019
RESPONSE in Opposition re 90 Defendant's MOTION in Limine filed by Theodore D'Apuzzo, P.A.. Replies due by 5/9/2019. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 90 Filed: 4/30/2019, Entered: 4/30/2019
Defendant's MOTION in Limine by United States of America. (Welch, Alicia)
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Blank 89 Filed: 4/12/2019, Entered: 4/12/2019 Court Filing
PAPERLESS ORDER: The Court grants 88 the Government's unopposed motion for an extension of time for the parties to file their motions in limine. The parties must file their motions on or before April 30, 2019. Signed by Judge Robert N. Scola, Jr. on 4/12/2019. (kbe)
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Legal Document (Payment Possibly Required) 88 Filed: 4/11/2019, Entered: 4/11/2019
Unopposed MOTION for Extension of Time for Filing Motions in Limine re 81 Scheduling Order,, by United States of America. Responses due by 4/25/2019 (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 87 Filed: 3/4/2019, Entered: 3/4/2019
REPLY to Response to Motion re 70 Plaintiff's MOTION for Summary Judgment filed by Theodore D'Apuzzo, P.A.. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 86 Filed: 3/4/2019, Entered: 3/4/2019
REPLY to Response to Motion re 67 Defendant's MOTION for Summary Judgment filed by United States of America. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 85 Filed: 3/4/2019, Entered: 3/4/2019
Defendant's REPLY to 82 Response/Reply (Other) Additional Facts asserted in Plaintiff's Corrected Response to Defendant's Statement of Material Facts by United States of America. (Welch, Alicia)
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Blank 84 Filed: 3/4/2019, Entered: 3/4/2019 Court Filing
PAPERLESS ORDER granting the Government's motion for leave to file excess pages 83 . The Government may file a 13 page reply brief in support of its motion for summary judgment. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 83 Filed: 3/1/2019, Entered: 3/1/2019
Unopposed MOTION for Leave to File Excess Pages for Reply Brief in support of Motion for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 82 Filed: 2/21/2019, Entered: 2/21/2019
Plaintiff's RESPONSE to 66 Statement of Undisputed Facts Filed by the Government by Theodore D'Apuzzo, P.A.. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 81 Filed: 2/21/2019, Entered: 2/21/2019 Court Filing
Order Reopening Case and Entering Amended Scheduling Order. Jury Trial set for 6/24/2019 before Judge Robert N. Scola Jr., Calendar Call set for 6/18/2019 before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 2/20/2019. See attached document for full details. (lbc) 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.
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Legal Document (Payment Possibly Required) 80 Filed: 2/20/2019, Entered: 2/20/2019
RESPONSE in Opposition re 67 Defendant's MOTION for Summary Judgment filed by Theodore D'Apuzzo, P.A.. Replies due by 2/27/2019. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 79 Filed: 2/20/2019, Entered: 2/20/2019
Plaintiff's RESPONSE to 66 Statement of Facts by Theodore D'Apuzzo, P.A.. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 78 Filed: 2/20/2019, Entered: 2/20/2019
RESPONSE in Opposition re 70 Plaintiff's MOTION for Summary Judgment filed by United States of America. Replies due by 2/27/2019. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 77 Filed: 2/20/2019, Entered: 2/20/2019
Defendant's RESPONSE to 69 Statement of Material Facts filed by Plaintiff by United States of America. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 76 Filed: 1/28/2019, Entered: 1/28/2019
Joint MOTION to Reopen Case and Reset Deadlines and Trial Date by United States of America. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 75 Filed: 1/7/2019, Entered: 1/7/2019 Court Filing
PAPERLESS ORDER granting motion to stay case and extend case deadlines due to government shutdown 74 . This case and all accompanying deadlines are stayed until appropriations are restored. Once appropriations are restored, the Defendant shall promptly notify the Court, move to reopen this case, and submit a joint proposed scheduling order that extends all deadlines in this case for the number of calendar days of the government shutdown. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 74 Filed: 1/7/2019, Entered: 1/7/2019
Unopposed MOTION to Stay and Extend Deadlines, Including Briefing Schedule for Motions for Summary Judgment, and Trial Date, Due to Lapse of Appropriations by United States of America. Responses due by 1/22/2019 (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 73 Filed: 12/20/2018, Entered: 12/20/2018 Court Filing
PAPERLESS ORDER granting the parties' joint motion for extension of briefing deadlines on the parties' cross motions for summary judgment 72 . Each party shall file its response to the other party's motion for summary judgment by January 16, 2019. All reply briefs are due by January 30, 2019. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 72 Filed: 12/18/2018, Entered: 12/18/2018
Joint MOTION for Extension of Time to File Response/Reply/Answer as to 67 Defendant's MOTION for Summary Judgment , 70 Plaintiff's MOTION for Summary Judgment by Theodore D'Apuzzo, P.A.. (Attachments: # 1 Text of Proposed Order)(Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 71 Filed: 12/17/2018, Entered: 12/17/2018
Notification of Ninety Days Expiring by Theodore D'Apuzzo, P.A. re 52 Plaintiff's MOTION for Reconsideration re 47 Order on Motion to Certify Class filed by Theodore D'Apuzzo, P.A. (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 70 Filed: 12/17/2018, Entered: 12/17/2018
Plaintiff's MOTION for Summary Judgment by Theodore D'Apuzzo, P.A.. Responses due by 1/2/2019 (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 69 Filed: 12/17/2018, Entered: 12/17/2018
Statement of: of Material Facts in Support of Plaintiff's Motion for Summary Judgment by Theodore D'Apuzzo, P.A. re 68 Notice (Other), (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 68 Filed: 12/17/2018, Entered: 12/17/2018
NOTICE by Theodore D'Apuzzo, P.A. of Filing Materials in Support of its Motion for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 67 Filed: 12/17/2018, Entered: 12/17/2018
Defendant's MOTION for Summary Judgment by United States of America. Responses due by 1/2/2019 (Welch, Alicia)
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Legal Document (Payment Possibly Required) 66 Filed: 12/17/2018, Entered: 12/17/2018
Statement of: Undisputed Material Facts in Support of Motion for Summary Judgment by United States of America re 65 Notice (Other), 64 Notice (Other), (Welch, Alicia)
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Legal Document (Payment Possibly Required) 65 Filed: 12/17/2018, Entered: 12/17/2018
NOTICE by United States of America of Filing Deposition Transcript Excerpts in Support of Motion for Summary Judgment (Attachments: # 1 Deposition of Theodore D'Apuzzo (excerpts)) (Welch, Alicia)
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Legal Document (Payment Possibly Required) 64 Filed: 12/17/2018, Entered: 12/17/2018
NOTICE by United States of America of Filing Declarations in Support of Motion for Summary Judgment (Attachments: # 1 Affidavit of Wendell A. Skidgel, Jr. with Exhibits A-O, attached thereto, # 2 Affidavit of Steven M. Larimore, # 3 Affidavit of William M. McCool) (Welch, Alicia)
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Legal Document (Payment Possibly Required) 63 Filed: 11/19/2018, Entered: 11/19/2018 Court Filing
PAPERLESS ORDER granting the Defendant's unopposed motion for extension of time to move for summary judgment 61 . The parties' deadline to file motions for summary judgment is now December 17, 2018. Signed by Judge Robert N. Scola, Jr. (zlz)
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Legal Document (Payment Possibly Required) 62 Filed: 11/19/2018, Entered: 11/19/2018
RESPONSE to Motion re 61 Unopposed MOTION for Extension of Time to File Motion for Summary Judgment re 51 Order Reopening Case,,, Order Referring Case to Mediation,,, Set/Reset Deadlines/Hearings,, filed by Theodore D'Apuzzo, P.A.. Replies due by 11/26/2018. (Attachments: # 1 Exhibit A)(Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 61 Filed: 11/19/2018, Entered: 11/19/2018
Unopposed MOTION for Extension of Time to File Motion for Summary Judgment re 51 Order Reopening Case,,, Order Referring Case to Mediation,,, Set/Reset Deadlines/Hearings,, by United States of America. Responses due by 12/3/2018 (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 60 Filed: 10/20/2018, Entered: 10/20/2018
MEDIATION REPORT by Carol S. Cope. Disposition: Case did not settle.(Salmon, John)
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Legal Document (Payment Possibly Required) 59 Filed: 9/13/2018, Entered: 9/13/2018
REPLY to Response to Motion re 52 Plaintiff's MOTION for Reconsideration re 47 Order on Motion to Certify Class filed by Theodore D'Apuzzo, P.A.. (Attachments: # 1 Exhibit A)(Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 58 Filed: 9/13/2018, Entered: 9/13/2018
NOTICE of Attorney Appearance by Douglas J. Giuliano on behalf of Theodore D'Apuzzo, P.A.. Attorney Douglas J. Giuliano added to party Theodore D'Apuzzo, P.A.(pty:pla). (Giuliano, Douglas)
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Legal Document (Payment Possibly Required) 57 Filed: 9/10/2018, Entered: 9/10/2018 Court Filing
ORDER Scheduling Mediation before Carol S. Cope. Mediation Hearing set for 10/17/2018 10:00 AM. Signed by Judge Robert N. Scola, Jr on 9/10/2018. See attached document for full details. (lbc)
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Legal Document (Payment Possibly Required) 56 Filed: 9/7/2018, Entered: 9/7/2018
NOTICE of Mediator Selection. Added Carol S. Cope. (Attachments: # 1 Text of Proposed Order)(Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 55 Filed: 8/29/2018, Entered: 8/29/2018
RESPONSE in Opposition re 52 Plaintiff's MOTION for Reconsideration re 47 Order on Motion to Certify Class filed by United States of America. Replies due by 9/5/2018. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 54 Filed: 8/17/2018, Entered: 8/17/2018 Court Filing
PAPERLESS ORDER: The parties' joint motion to set briefing schedule 53 is granted. Defendant shall file its response to Plaintiff's motion for reconsideration 52 by 8/30/2018. Plaintiff shall filed its reply by September 13, 2018. Signed by Judge Robert N. Scola, Jr. on 8/17/2018. (zlz)
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Legal Document (Payment Possibly Required) 53 Filed: 8/16/2018, Entered: 8/16/2018
Joint MOTION to Set Briefing Schedule for Plaintiff's Motion for Reconsideration re 52 Plaintiff's MOTION for Reconsideration re 47 Order on Motion to Certify Class by United States of America. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document with OCR 52 Filed: 8/6/2018, Entered: 8/6/2018
Plaintiff's MOTION for Reconsideration re 47 Order on Motion to Certify Class by Theodore D'Apuzzo, P.A.. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 51 Filed: 7/31/2018, Entered: 8/1/2018 Court Filing
ORDER GRANTING MOTION TO REOPEN CASE, AMENDED SCHEDULING ORDER AND ORDER REFERRING CASE to Mediation., ( Expert Discovery due by 12/31/2018., Fact Discovery due by 11/5/2018., Mediation Deadline 12/10/2018., Dispositive Motions due by 12/3/2018., In Limine Motions due by 3/12/2019., Motions due by 3/12/2019., Pretrial Stipulation due by 4/15/2019., Calendar Call set for 5/7/2019 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Jury Trial set for 5/13/2019 before Judge Robert N. Scola Jr.. ). Signed by Judge Robert N. Scola, Jr on 7/31/2018. See attached document for full details. (cqs)
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Legal Document (Payment Possibly Required) 50 Filed: 7/30/2018, Entered: 7/30/2018, Terminated: 7/31/2018
Joint MOTION to Reopen Case by Theodore D'Apuzzo, P.A.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Giuliano, Nicole)
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Blank  Filed: 4/27/2018, Entered: 4/30/2018
Civil Case Administratively Closed. See DE #49 for Image (rms1) 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.
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Legal Document (Payment Possibly Required) 49 Filed: 4/27/2018, Entered: 4/30/2018 Court Filing
ORDER granting in part Motion to Stay. Signed by Judge Robert N. Scola, Jr on 4/27/18. (rms1)
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Legal Document (Payment Possibly Required) 48 Filed: 4/27/2018, Entered: 4/27/2018, Terminated: 4/27/2018
Unopposed MOTION to Stay by Theodore D'Apuzzo, P.A.. Responses due by 5/11/2018 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Giuliano, Nicole)
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Blank  Filed: None, Entered: None terminated case
Civil Case Administratively Closed. See DE #49 for Image (rms1) 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.
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Legal Document (Payment Possibly Required) 47 Filed: 4/12/2018, Entered: 4/13/2018 Court Filing
ORDER denying 37 Motion to Certify Class. Signed by Judge Robert N. Scola, Jr on 4/12/2018. (rms1)
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Legal Document (Payment Possibly Required) 46 Filed: 3/8/2018, Entered: 3/8/2018
STATUS REPORT by Theodore D'Apuzzo, P.A. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 45 Filed: 2/2/2018, Entered: 2/2/2018
RESPONSE in Opposition re 37 Plaintiff's MOTION to Certify Class (Sur-Reply) filed by United States of America. Replies due by 2/9/2018. (Attachments: # 1 Affidavit of Wendell Skidgel)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 44 Filed: 1/26/2018, Entered: 1/26/2018
NOTICE by Theodore D'Apuzzo, P.A. re 41 Response/Reply (Other), 37 Plaintiff's MOTION to Certify Class of Filing Declarations in Support of Motion for Class Certification (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Giuliano, Nicole)
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Blank  Filed: None, Entered: None set/reset deadlines/hearings
Set Deadlines Per DE#43. Miscellaneous Deadline 1/26/2018. Replies due by 2/2/2018. (cqs)
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Blank 43 Filed: 1/22/2018, Entered: 1/22/2018 Court Filing
PAPERLESS ORDER: The Court grants 42 the parties' joint motion for leave for filings related to motion for class certification. The Plaintiff shall file the proposed declarations on or before January 26, 2018, and the United States may file a sur-reply on or before February 2, 2018. Signed by Judge Robert N. Scola, Jr. (ak02)
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Legal Document (Payment Possibly Required) 42 Filed: 1/19/2018, Entered: 1/19/2018, Terminated: 1/22/2018
Joint MOTION for Leave to File Documents Related to Motion for Class Certification (Amended Declarations and Sur-Reply) by United States of America. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 41 Filed: 1/17/2018, Entered: 1/17/2018
Plaintiff's REPLY to 40 Response in Opposition to Motion, for Class Certification by Theodore D'Apuzzo, P.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 40 Filed: 1/5/2018, Entered: 1/5/2018
RESPONSE in Opposition re 37 Plaintiff's MOTION to Certify Class filed by United States of America. Replies due by 1/12/2018. (Attachments: # 1 Affidavit of Wendell A. Skidgel, Jr., # 2 Affidavit of David Stone, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Welch, Alicia)
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Blank  Filed: 12/13/2017, Entered: 12/13/2017
Set Deadlines Per DE#39. Responses due by 1/5/2018 Replies due by 1/19/2018. (cqs)
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Blank 39 Filed: 12/13/2017, Entered: 12/13/2017 Court Filing
PAPERLESS ORDER: The Court grants 38 the parties' joint motion seeking extensions of time in which to fully brief the issue of class certification. Accordingly, the United States shall file its response to 37 the motion for class certification on or before January 5, 2018, and the Plaintiff shall file its reply on or before January 19, 2018. Responses due by 1/5/2018, replies due by 1/19/2018. Signed by Judge Robert N. Scola, Jr. (ak02)
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Legal Document (Payment Possibly Required) 38 Filed: 12/13/2017, Entered: 12/13/2017, Terminated: 12/13/2017
Joint MOTION to Set Briefing Schedule for Motion for Class Certification re 37 Plaintiff's MOTION to Certify Class by United States of America. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 37 Filed: 12/1/2017, Entered: 12/1/2017, Terminated: 4/12/2018
Plaintiff's MOTION to Certify Class by Theodore D'Apuzzo, P.A.. Responses due by 12/15/2017 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 36 Filed: 12/1/2017, Entered: 12/1/2017
AFFIDAVIT signed by : Nicole W. Giuliano. in Support of Plaintiff's Motion for Class Certification by Theodore D'Apuzzo, P.A. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 35 Filed: 11/27/2017, Entered: 11/27/2017 Court Filing
PROTECTIVE ORDER. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 11/27/2017. (eaa)
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Legal Document (Payment Possibly Required) 34 Filed: 11/22/2017, Entered: 11/22/2017, Terminated: 11/27/2017
Joint MOTION for Protective Order by United States of America. (Attachments: # 1 Text of Proposed Order Protective Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 33 Filed: 11/10/2017, Entered: 11/10/2017
NOTICE of Attorney Appearance by Morgan Lyle Weinstein on behalf of Theodore D'Apuzzo, P.A.. Attorney Morgan Lyle Weinstein added to party Theodore D'Apuzzo, P.A.(pty:pla). (Weinstein, Morgan)
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Legal Document (Payment Possibly Required) 32 Filed: 10/20/2017, Entered: 10/20/2017
ANSWER and Affirmative Defenses to Amended Complaint by United States of America. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 31 Filed: 10/5/2017, Entered: 10/5/2017 Court Filing
PAPERLESS ORDER: The Court grants 30 the Defendant's Unopposed Motion for Enlargement of Time to File Answer to Complaint. The Defendant shall file its answer on or before October 20, 2017. Answer due 10/20/2017 re: 14 Amended Complaint, filed by Theodore D'Apuzzo, P.A.. Signed by Judge Robert N. Scola, Jr. (ak02)
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Legal Document (Payment Possibly Required) 30 Filed: 10/4/2017, Entered: 10/4/2017, Terminated: 10/5/2017
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 14 Amended Complaint, by United States of America. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 29 Filed: 9/28/2017, Entered: 9/28/2017 Court Filing
SCHEDULING ORDER: ( Jury Trial set for 2/4/2019 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 1/29/2019 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Amended Pleadings due by 10/25/2017., Expert Discovery due by 9/28/2018., Fact Discovery due by 8/8/2018., Joinder of Parties due by 10/25/2017., In Limine Motions due by 12/4/2018., Dispositive Motions due by 9/6/2018., Motions due by 12/4/2018., Pretrial Stipulation due by 1/7/2019., Status Report due by 3/13/2018.), ORDER REFERRING CASE to Mediation. Mediation Deadline 9/14/2018. Signed by Judge Robert N. Scola, Jr on 9/28/2017. (rms1) 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.
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Legal Document (Payment Possibly Required) 28 Filed: 9/25/2017, Entered: 9/25/2017 Court Filing
ORDER denying 16 Motion to Dismiss for Lack of Jurisdiction; denying 16 Motion to Dismiss for Failure to State a Claim( Responses due by 10/10/2017). Signed by Judge Robert N. Scola, Jr on 9/25/2017. (lk)
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Legal Document (Payment Possibly Required) 27 Filed: 7/11/2017, Entered: 7/11/2017
Notification of Ninety Days Expiring by Theodore D'Apuzzo, P.A. re 16 MOTION to Dismiss for Lack of Jurisdiction 14 Amended Complaint, MOTION TO DISMISS 14 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by United States of America (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 26 Filed: 4/10/2017, Entered: 4/11/2017 Court Filing
ORDER granting 17 Motion to Stay. Signed by Judge Robert N. Scola, Jr on 4/10/2017. (lk)
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Legal Document (Payment Possibly Required) 25 Filed: 4/6/2017, Entered: 4/6/2017
Notice of Supplemental Authority re 18 Response in Opposition to Motion, by Theodore D'Apuzzo, P.A. (Attachments: # 1 Exhibit A) (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 24 Filed: 3/24/2017, Entered: 3/24/2017
REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction 14 Amended Complaint, MOTION TO DISMISS 14 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by UNITED STATES OF AMERICA. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 23 Filed: 3/21/2017, Entered: 3/21/2017
REPLY to Response to Motion re 17 Defendant's MOTION to Stay (Temporary Stay of Discovery) filed by UNITED STATES OF AMERICA. (Welch, Alicia)
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Legal Document (Payment Possibly Required) 22 Filed: 3/20/2017, Entered: 3/20/2017 Court Filing
PAPERLESS ORDER: The Court grants the 20 Defendant's unopposed motion for extension of time to reply to the response to its motion to dismiss The Defendant's reply is due on or before March 24, 2017. Signed by Judge Robert N. Scola, Jr. on 3/20/2017. (ars)
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Legal Document (Payment Possibly Required) 21 Filed: 3/17/2017, Entered: 3/17/2017
Joint SCHEDULING REPORT - Rule 26(f) by Theodore D'Apuzzo, P.A. (Attachments: # 1 Text of Proposed Order)(Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 20 Filed: 3/17/2017, Entered: 3/17/2017, Terminated: 3/20/2017
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 16 MOTION to Dismiss for Lack of Jurisdiction 14 Amended Complaint, MOTION TO DISMISS 14 Amended Complaint, FOR FAILURE TO STATE A CLAIM by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 19 Filed: 3/14/2017, Entered: 3/14/2017
RESPONSE in Opposition re 17 Defendant's MOTION to Stay (Temporary Stay of Discovery) filed by Theodore D'Apuzzo, P.A.. Replies due by 3/21/2017. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 18 Filed: 3/13/2017, Entered: 3/13/2017
RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction 14 Amended Complaint, MOTION TO DISMISS 14 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Theodore D'Apuzzo, P.A.. Replies due by 3/20/2017. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 17 Filed: 3/13/2017, Entered: 3/13/2017, Terminated: 4/10/2017
Defendant's MOTION to Stay (Temporary Stay of Discovery) by UNITED STATES OF AMERICA. Responses due by 3/27/2017 (Attachments: # 1 Affidavit of Wendell Skidgel Jr.)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 16 Filed: 3/2/2017, Entered: 3/2/2017, Terminated: 9/25/2017
MOTION to Dismiss for Lack of Jurisdiction 14 Amended Complaint, , MOTION TO DISMISS 14 Amended Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 3/16/2017) by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 15 Filed: 2/21/2017, Entered: 2/21/2017 Court Filing
PAPERLESS ORDER: The Court denies as moot 13 the Defendant's motion to dismiss. The Plaintiff's amended pleading moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. Appx 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. on 2/21/17. (ars)
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Legal Document (Payment Possibly Required) 14 Filed: 2/17/2017, Entered: 2/17/2017
First AMENDED COMPLAINT against UNITED STATES OF AMERICA, filed by Theodore D'Apuzzo, P.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 13 Filed: 2/10/2017, Entered: 2/10/2017, Terminated: 2/21/2017
Defendant's MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, , Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 2/24/2017) by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit 1)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 12 Filed: 1/26/2017, Entered: 1/26/2017 Court Filing
PAPERLESS ORDER: The Court grants the 10 Defendant's unopposed motion for extension of time to respond to the complaint. The Defendant's response to the complaint is due on or before February 10, 2017. Signed by Judge Robert N. Scola, Jr. on 1/26/2017. (ars)
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Legal Document (Payment Possibly Required) 11 Filed: 1/26/2017, Entered: 1/26/2017
NOTICE by Theodore D'Apuzzo, P.A. . Attorney John Anthony Van Ness added to party Theodore D'Apuzzo, P.A.(pty:pla). (Van Ness, John)
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Legal Document (Payment Possibly Required) 10 Filed: 1/23/2017, Entered: 1/23/2017, Terminated: 1/26/2017
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Welch, Alicia)
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Legal Document (Payment Possibly Required) 9 Filed: 1/23/2017, Entered: 1/23/2017
NOTICE of Attorney Appearance by Alicia Hayley Welch on behalf of UNITED STATES OF AMERICA. Attorney Alicia Hayley Welch added to party UNITED STATES OF AMERICA(pty:dft). (Welch, Alicia)
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Legal Document (Payment Possibly Required) 8 Filed: 1/11/2017, Entered: 1/11/2017
SUMMONS (Affidavit) Returned Executed by Theodore D'Apuzzo, P.A.. UNITED STATES OF AMERICA served on 11/30/2016, answer due 1/30/2017. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 7 Filed: 1/11/2017, Entered: 1/11/2017 Court Filing
Notice Of Upcoming Deadline To Serve Under Federal Rule Of Civil Procedure 4(m) Signed by Judge Robert N. Scola, Jr on 1/11/2017. (lan)
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Legal Document (Payment Possibly Required) 6 Filed: 11/23/2016, Entered: 11/23/2016 Court Filing
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters Signed by Judge Robert N. Scola, Jr on 11/23/2016. (lan)
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Legal Document (Payment Possibly Required) 5 Filed: 11/22/2016, Entered: 11/22/2016
Summons Issued as to UNITED STATES OF AMERICA. (lan)
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Legal Document (Payment Possibly Required) 4 Filed: 11/22/2016, Entered: 11/22/2016
Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Theodore D'Apuzzo, P.A. (Giuliano, Nicole)
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Legal Document (Payment Possibly Required) 3 Filed: 11/22/2016, Entered: 11/22/2016 Court Filing
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lan)
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Legal Document (Payment Possibly Required) 2 Filed: 11/22/2016, Entered: 11/22/2016 Court Filing
Judge Assignment to Judge Robert N. Scola, Jr (lan)
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Legal Document (Payment Possibly Required) 1 Filed: 11/22/2016, Entered: 11/22/2016
COMPLAINT against UNITED STATES OF AMERICA. Filing fees $ 400.00 receipt number 113C-9273059, filed by Theodore D'Apuzzo, P.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Giuliano, Nicole) Modified text on 11/22/2016 (bb).
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