|
CARRIE CAUSEY MCSHAN, Petitioner v. DEEPAK R. SARKAR, M.D., MEDTRONIC, INC., PHYSICIANS PARTNERS OF AMERICA, LLC, DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC, PAUL S. WEBSTER, M.D., and ORLANDO OUTPATIENT SURGERY CENTER, LLC, Respondents.
|
6D2024-2545
|
2024-12-05
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-004740
|
Parties
| Name |
CARRIE CAUSEY MCSHAN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DEEPAK R. SARKAR, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Julia Leonidovna Dulko, Mark McLaughlin, Damien Miles Hoffman
|
|
| Name |
MEDTRONIC, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brigid F. Cech Samole
|
|
| Name |
PHYSICIANS PARTNERS OF AMERICA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
| Name |
DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
| Name |
PAUL S. WEBSTER, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
| Name |
ORLANDO OUTPATIENT SURGERY CENTER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
| Name |
Hon. Brian S. Sandor
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-12
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-12-09
|
| Type |
Petition
|
| Subtype |
Amended Petition
|
| Description |
Amended Petition
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Petitioner shall forward the required $300.00 filing fee or, if applicable, a motion to proceed in forma pauperis with an affidavit of indigency. A form motion for this purpose may be found on this Court's website at https://6dca.flcourts.gov/Clerk-s-Office/Forms, and a copy of this form motion is enclosed with this order if served by mail. Failure to comply with this order will result in the dismissal of this case.
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
| View |
View File
|
|
|
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CARRIE CAUSEY MCSHAN, Petitioner v. DEEPAK R. SARKAR, M.D., MEDTRONIC, INC., PHYSICIANS PARTNERS OF AMERICA, LLC, DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC, PAUL S. WEBSTER, M.D., and ORLANDO OUTPATIENT SURGERY CENTER, LLC, Respondents.
|
6D2024-2544
|
2024-12-05
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-004740
|
Parties
| Name |
CARRIE CAUSEY MCSHAN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DEEPAK R. SARKAR, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Julia Leonidovna Dulko, Mark McLaughlin, Damien Miles Hoffman
|
|
| Name |
MEDTRONIC, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brigid F. Cech Samole
|
|
| Name |
PHYSICIANS PARTNERS OF AMERICA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
| Name |
DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
| Name |
PAUL S. WEBSTER, M.D.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
| Name |
ORLANDO OUTPATIENT SURGERY CENTER, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
| Name |
Hon. Brian S. Sandor
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-12
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-12-09
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus - AMENDED
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Petitioner shall forward the required $300.00 filing fee or, if applicable, a motion to proceed in forma pauperis with an affidavit of indigency. A form motion for this purpose may be found on this Court's website at https://6dca.flcourts.gov/Clerk-s-Office/Forms, and a copy of this form motion is enclosed with this order if served by mail. Failure to comply with this order will result in the dismissal of this case.
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| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
| View |
View File
|
|
|
|
CARRIE CAUSEY MCSHAN, Appellant v. ORLANDO OUTPATIENT SURGERY CENTER, LLC, PHYSICIAN PARTNERS OF AMERICA, LLC, PAUL S. WEBSTER, M.D., DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC, MEDTRONIC, INC., and DEEPAK R. SARKAR, M.D., Appellees.
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6D2024-0879
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2024-04-30
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-004740-O
|
Parties
| Name |
CARRIER CAUSEY MCSHAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ORLANDO OUTPATIENT SURGERY CENTER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
| Name |
PAUL S. WEBSTER, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
| Name |
DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelsey Ann Weiss, Mary Jaye Hall
|
|
| Name |
DEEPAK SARKAR, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Julia Leonidovna Dulko, Mark McLaughlin, Damien Miles Hoffman
|
|
| Name |
Hon. Brian S. Sandor
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PHYSICIAN PARTNERS OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Michael Azzarone, Erin Moss Diaz, Taylor Elizabeth Kinmon
|
|
| Name |
MEDTRONIC, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ira William Spivey, II, Brigid F. Cech Samole
|
|
Docket Entries
| Docket Date |
2024-11-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-11-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Appellant's October 4, 2024, motion for judicial notice is denied. To the extent appellant's motion contains a petition for writ of mandamus, appellant's petition is stricken as unauthorized in this case without prejudice for appellant to file a petition for writ of mandamus as an original proceeding under Florida Rule of Appellate Procedure 9.100.
The initial brief in this case is overdue. Appellant shall serve the initial brief within ten days of this order, or this case will be dismissed without further notice.
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| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FOR MANDATORY JUDICIAL NOTICE OF RECORDS REQUESTED IN THE DIRECTIONS TO CLERK; AND MOTION/PETITION FOR ENTRY OF WRIT OF MANDAMUS
|
| On Behalf Of |
MEDTRONIC, INC.
|
|
| Docket Date |
2024-10-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR MANDATORY JUDICIAL NOTICE OF RECORDS REQUESTED IN THE DIRECTIONS TO CLERK; AND MOTION/PETITION FOR ENTRY OF WRIT OF MANDAMUS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's motion filed July 19, 2024, is treated as a motion to supplement the record on appeal and is denied. As the additional record has been received by this Court, Appellant shall serve her initial brief in these consolidated appeals within thirty days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-07-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE TO APPELLANT'S "MOTION REGARDING THE ABSENCE OF A STATUS REPLY WITHIN FIFTEEN (15) DAYS AS REQUIRED BY THIS COURT'S JUNE 10, 2024 ORDER; NOTICE OF STATUS AND PENDING ISSUES; REQUIRING THE CLERK TO PROVIDE STATUS WITHIN FIFTEEN DAYS & REQUEST FOR BRIEFING SCHEDULE
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-07-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
**Treated as a motion to supplement the record on appeal**APPELLANT'S MOTION REGARDING THE ABSENCE OF A STATUS REPLY WITHIN FIFTEEN (15) DAYS AS REQUIRED BY THIS COURT'S JUNE 10, 2024 ORDER; NOTICE OF STATUS AND
PENDING ISSUES; REQUIRING THE CLERK TO PROVIDE STATUS WITHIN FIFTEEN DAYS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-07-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
CHIU **CONFIDENTIAL** 372 PAGES
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
**SEE AMENDED ORDER**Appellant's "notice of pending motion and requisite motion for the Sixth DCA to partially relinquish jurisdiction to the Ninth Circuit to hear and decide such motions" is denied. It appearing that no motions tolling rendition remain pending in the lower tribunal, the consolidated appeals are no longer held in abeyance. The clerk of the lower tribunal shall serve a status report on the anticipated date of the transmission of the remaining outstanding portions of the record on appeal within fifteen days from the date of this
|
| View |
View File
|
|
| Docket Date |
2024-06-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
APPELLANT'S NOTICE OF PENDING MOTIONS AND REQUISITE MOTION
FOR THE SIXTH DCA TO PARTIALLY RELINQUISH JURISDICTION TO THE
NINTH CIRCUIT TO HEAR AND DECIDE SUCH MOTIONS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-05-28
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
CARRIER CAUSEY MCSHAN
|
|
| Docket Date |
2024-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Appellant's Motion to Clarify Written Order, Entered Herein on November 22, 2024, Pursuant to Rule 9.330, Florida Rules of Appellate Procedure; Request that Briefing Schedule be Suspended Pending Resolution of the Mandamus Action; Notice of Intent to Refile the Petition for Writ of Mandamus as an Original Action and Motion for Entry of a Stay of these Proceedings; and Motion for Extension of Time to File the Initial Brief or Time to File an Appropriate Motion to Supplement, Correct, or Otherwise Add Records and Documents to the Record on Appeal, Pending Resolutions of Two Separate Petitions for Writ of Mandamus are denied. Appellant shall serve her initial brief within ten days from the date of this order, or these appeals will be dismissed without further notice. Appellant is advised that the filing of future motions will not toll the time for service of the initial brief.
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| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Notice
|
| Subtype |
Related Case(s)
|
| Description |
Notice of Related Case(s)
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION
|
| On Behalf Of |
MEDTRONIC, INC.
|
|
| Docket Date |
2024-12-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
MOTION FOR THE ENTRY OF A STAY OF THESE PROCEEDINGS; AND
AND MOTION FOR EXTENSION OF TIME FOR APPELLANT TO FILE THE
INITIAL BRIEF OR TIME TO FILE AN APPROPRIATE MOTION TO
SUPPLEMENT, CORRECT OR OTHERWISE ADD RECORDS AND
DOCUMENTS TO THE RECORD ON APPEAL, PENDING RESOLUTIONS
OF TWO SEPARATE PETITIONS FOR A WRIT OF MANDAMUS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION
|
| On Behalf Of |
MEDTRONIC, INC.
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Based on Appellees' Joint Response Clarifying Status of Case in Lower Tribunal stating that 6D23-3711 is an appeal from a partial judgment as to certain defendants and that the lower tribunal has recently entered judgment as to the remaining defendants, as well as this court's receipt of a notice of appeal in 6D24-879, appealing the judgment as to the remaining defendants, appellant's motion to consolidate appeals is granted, and the appeals are consolidated. As the record on appeal was prepared and submitted previously in 6D23-3711, the parties shall make arrangements with the lower tribunal clerk for the additional record related to 6D24-879 to be prepared and transmitted in accordance with Florida Rule of Appellate Procedure 9.200.
It appears that motion(s) are pending in the lower tribunal that delay rendition of the final judgment in 6D24-879 pursuant to Florida Rule of Appellate Procedure 9.020(h). Accordingly, this consolidated appeal is held in abeyance. If there are no such motions pending, the parties shall notify this court within five days from the date of this order. If there are such motion(s) pending, the parties must notify this court upon disposition of the motion(s) or file a status report within thirty days, whichever occurs first.
Appellant's motion for extension of time to serve her initial brief in 6D23-3711 is granted to the extent that this court will direct a consolidated briefing schedule upon resolution of any motions delaying rendition of the order on appeal in 6D24-879.
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| View |
View File
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CARRIE CAUSEY MCSHAN, Appellant(s) v. PAUL S. WEBSTER, M.D., DEEPAK R. SARKAR, M.D., PHYSICIANS PARTNERS OF AMERICA, LLC, ORLANDO OUTPATIENT SURGERY CENTER, LLC, MEDTRONIC, INC. AND DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC, Appellee(s).
|
6D2023-3711
|
2023-10-13
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-4740-O
|
Parties
| Name |
CARRIE CAUSEY MCSHAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHYSICIANS PARTNERS OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JASON M. AZZARONE, ESQ., ERIN DIAZ, ESQ., Taylor Elizabeth Kinmon
|
|
| Name |
ORLANDO OUTPATIENT SURGERY CENTER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JASON M. AZZARONE, ESQ., ERIN DIAZ, ESQ., Taylor Elizabeth Kinmon
|
|
| Name |
MEDTRONIC, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRIGID F. CECH SAMOLE, ESQ.
|
|
| Name |
PAUL S. WEBSTER, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KELSEY WEISS, ESQ., MARY JAYE HALL, ESQ., I. WILLIAM SPIVEY, II., ESQ.
|
|
| Name |
DOCTORS PAIN MANAGEMENT ASSOCIATES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KELSEY WEISS, ESQ., MARY JAYE HALL, ESQ.
|
|
| Name |
DEEPAK R. SARKAR, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Julia Leonidovna Dulko, Mark McLaughlin, Damien Miles Hoffman
|
|
| Name |
Hon. Vincent S. Chiu
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S NOTICE OF RELATED CASE, MOTION TO DESIGNATE INTERESTED JUDICIAL BRANCH OFFICERS, AND MOTION TO CORRECT RECORD
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-11-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-11-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Appellant's October 4, 2024, motion for judicial notice is denied. To the extent appellant's motion contains a petition for writ of mandamus, appellant's petition is stricken as unauthorized in this case without prejudice for appellant to file a petition for writ of mandamus as an original proceeding under Florida Rule of Appellate Procedure 9.100.
The initial brief in this case is overdue. Appellant shall serve the initial brief within ten days of this order, or this case will be dismissed without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FOR MANDATORY JUDICIAL NOTICE OF RECORDS REQUESTED IN THE DIRECTIONS TO CLERK; AND MOTION/PETITION FOR ENTRY OF WRIT OF MANDAMUS
|
| On Behalf Of |
MEDTRONIC, INC.
|
|
| Docket Date |
2024-10-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR MANDATORY JUDICIAL NOTICE OF RECORDS REQUESTED IN THE DIRECTIONS TO CLERK; AND MOTION/PETITION FOR ENTRY OF WRIT OF MANDAMUS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's motion filed July 19, 2024, is treated as a motion to supplement the record on appeal and is denied. As the additional record has been received by this Court, Appellant shall serve her initial brief in these consolidated appeals within thirty days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
**Treated as a motion to supplement the record on appeal**APPELLANT'S MOTION REGARDING THE ABSENCE OF A STATUS REPLY WITHIN FIFTEEN (15) DAYS AS REQUIRED BY THIS COURT'S JUNE 10, 2024 ORDER; NOTICE OF STATUS AND
PENDING ISSUES; REQUIRING THE CLERK TO PROVIDE STATUS WITHIN FIFTEEN DAYS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-07-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
CHIU **CONFIDENTIAL** 372 PAGES
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2024-06-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
APPELLANT'S NOTICE OF PENDING MOTIONS AND REQUISITE MOTION
FOR THE SIXTH DCA TO PARTIALLY RELINQUISH JURISDICTION TO THE
NINTH CIRCUIT TO HEAR AND DECIDE SUCH MOTIONS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-05-28
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-04-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
MOTION FOR EXTENSION OF TIME TO SECURE A FINAL ORDER/JUDGMENT
TO AVOID A PREJUDICIAL PIECEMEAL APPEAL; MOTION TO VACATE THE
CURRENT DEADLINE TO FILE THE INITIAL BRIEF, OR TO CONDITIONALLY
EXTEND THE TIME TO BE DETERMINED AS PER THE IMMINENT
SUPPLEMENTAL NOTICE OF APPEAL TO BE FILED, PURSUANT TO FLA.. R.
APP. PRO. 9.300(A), AND 9110(L); AND NOTICE OF STATUS OF NINTH
CIRCUIT DISMISSAL ORDER WITH PREJUDICE AND OTHER PENDING
MOTIONS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-04-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE CLARIFYING STATUS OF CASE
IN LOWER TRIBUNAL
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-04-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ The motion seeking a stay, the award of fees, and relinquishment is denied. To the extent that motion also contains notice that this is an appeal from a partial final judgment resolving the case as to some parties and that a subsequent order resolving the remaining counts of the complaint has been entered by the lower tribunal, the appellees shall respond within ten days from the date of this order to clarify the status of the case in the lower tribunal and whether any additional parties, amended notices of appeal, or supplementation of the record may be required before this appeal is ready to proceed.
|
|
| Docket Date |
2024-03-29
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-03-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-03-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' JOINT RESPONSE TO APPELLANT'SMOTION FOR CLARIFICATION OR EXTENSION OF TIME
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-03-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ THIS COURT'S ORDER OF FEBRUARY 7, 2024, ORDERING THAT APPELLANTSHALL SERVE HER INITIAL BRIEF WITHIN THIRTY DAYS FROM THE DATEOF THIS ORDER, IN LIGHT OF APPELLANT'S SUBSEQUENTLY FILED MOTIONTO REQUEST JUDICIAL NOTICE, FILED FEBRUARY 13, 2024, SEEKINGCLARIFICATION THAT THE FILING OF THIS MOTION TOLLED TIME PERIODSHEREIN, SPECIFICALLY REGARDING APPELLANT INITIAL BRIEF DUE DATE,PURSUANT TO RULE 9.300, FLA. R. APP. PRO.; OR, ALTERNATIVELY,APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-02-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion for Judicial Notice ~ MOTION TO REQUEST JUDICIAL NOTICE
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-02-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ Appellant’s motion to designate interested judicial branch officers, motion to correct the record on appeal, and motions for clarification are denied. Appellant shall serve her initial brief within thirty days from the date of this order.
|
|
| Docket Date |
2024-02-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ AMENDED
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-02-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ OF 01/18 ORDER
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-01-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-01-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant’s motion to correct the record is treated as a motion to supplement the record with the record in lower tribunal case number 2023-CA-2012-O. Within ten days from the date of this order, appellees shall respond to indicate whether such supplementation is appropriate pursuant to Florida Rule of Appellate Procedure 9.200 and whether the record in that case was before the lower tribunal within lower court case number 2022-CA-4740-O.
|
|
| Docket Date |
2024-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2023-12-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ **TREATED AS A MOTION TO SUPPLEMENT THE RECORD-SSS 1/18/24** MOTION TO CORRECT RECORD PURSUANT TO RULE 9.200(F), FLORIDA RULES OF APPELLATE PROCEDURE
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2023-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2023-12-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CHIU - 910 PAGES
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2023-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-10-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the lower tribunal finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2023-10-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2025-01-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
As appellant has failed to serve her initial brief as ordered in this court's orders of September 3, 2024, November 22, 2024, and December 6, 2024, the instant appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Appellant's Motion to Clarify Written Order, Entered Herein on November 22, 2024, Pursuant to Rule 9.330, Florida Rules of Appellate Procedure; Request that Briefing Schedule be Suspended Pending Resolution of the Mandamus Action; Notice of Intent to Refile the Petition for Writ of Mandamus as an Original Action and Motion for Entry of a Stay of these Proceedings; and Motion for Extension of Time to File the Initial Brief or Time to File an Appropriate Motion to Supplement, Correct, or Otherwise Add Records and Documents to the Record on Appeal, Pending Resolutions of Two Separate Petitions for Writ of Mandamus are denied. Appellant shall serve her initial brief within ten days from the date of this order, or these appeals will be dismissed without further notice. Appellant is advised that the filing of future motions will not toll the time for service of the initial brief.
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Notice
|
| Subtype |
Related Case(s)
|
| Description |
Notice of Related Case(s)
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION
|
| On Behalf Of |
MEDTRONIC, INC.
|
|
| Docket Date |
2024-12-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
MOTION FOR THE ENTRY OF A STAY OF THESE PROCEEDINGS; AND
AND MOTION FOR EXTENSION OF TIME FOR APPELLANT TO FILE THE
INITIAL BRIEF OR TIME TO FILE AN APPROPRIATE MOTION TO
SUPPLEMENT, CORRECT OR OTHERWISE ADD RECORDS AND
DOCUMENTS TO THE RECORD ON APPEAL, PENDING RESOLUTIONS
OF TWO SEPARATE PETITIONS FOR A WRIT OF MANDAMUS
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
| Docket Date |
2024-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION
|
| On Behalf Of |
MEDTRONIC, INC.
|
|
| Docket Date |
2024-07-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' JOINT RESPONSE TO APPELLANT'S "MOTION REGARDING THE ABSENCE OF A STATUS REPLY WITHIN FIFTEEN (15) DAYS AS REQUIRED BY THIS COURT'S JUNE 10, 2024 ORDER; NOTICE OF STATUS AND PENDING ISSUES; REQUIRING THE CLERK TO PROVIDE STATUS WITHIN FIFTEEN DAYS & REQUEST FOR BRIEFING SCHEDULE
|
| On Behalf Of |
PAUL S. WEBSTER, M.D.
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
**SEE AMENDED ORDER**Appellant's "notice of pending motion and requisite motion for the Sixth DCA to partially relinquish jurisdiction to the Ninth Circuit to hear and decide such motions" is denied. It appearing that no motions tolling rendition remain pending in the lower tribunal, the consolidated appeals are no longer held in abeyance. The clerk of the lower tribunal shall serve a status report on the anticipated date of the transmission of the remaining outstanding portions of the record on appeal within fifteen days from the date of this
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Based on Appellees' Joint Response Clarifying Status of Case in Lower Tribunal stating that 6D23-3711 is an appeal from a partial judgment as to certain defendants and that the lower tribunal has recently entered judgment as to the remaining defendants, as well as this court's receipt of a notice of appeal in 6D24-879, appealing the judgment as to the remaining defendants, appellant's motion to consolidate appeals is granted, and the appeals are consolidated. As the record on appeal was prepared and submitted previously in 6D23-3711, the parties shall make arrangements with the lower tribunal clerk for the additional record related to 6D24-879 to be prepared and transmitted in accordance with Florida Rule of Appellate Procedure 9.200.
It appears that motion(s) are pending in the lower tribunal that delay rendition of the final judgment in 6D24-879 pursuant to Florida Rule of Appellate Procedure 9.020(h). Accordingly, this consolidated appeal is held in abeyance. If there are no such motions pending, the parties shall notify this court within five days from the date of this order. If there are such motion(s) pending, the parties must notify this court upon disposition of the motion(s) or file a status report within thirty days, whichever occurs first.
Appellant's motion for extension of time to serve her initial brief in 6D23-3711 is granted to the extent that this court will direct a consolidated briefing schedule upon resolution of any motions delaying rendition of the order on appeal in 6D24-879.
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT/PLAINTIFF CARRIE CAUSEY MCSHAN'S MOTION TO DESIGNATE INTERESTED JUDICIAL BRANCH OFFICERS INCLUDING THE FLORIDA NINTH CIRCUIT CHIEF JUDGE, THE HONORABLE LISA T. MUNYON; THE HONORABLE VINCENT S. CHIU; THE HONORABLE JEFFREY T. ASHTON; AND THE INTERESTED FLORIDA NINTH JUDICIAL CIRCUIT CLERK OF COURT; TIFFANY RUSSELL; AS RECORD CUSTODIAN DESIGNEES FOR THE PURPOSES OF THIS COURT PERFECTING JURISDICTION OVER CUSTODIANS OF DOCUMENTS SOUGHT, AND TO OTHERWISE ALLOW THEM, AS POTENTIALLY INTERESTED PARTIES, TO PARTICIPATE IN; AND FOR THIS COURT TO HAVE THE JURISDICTION OVER SUCH DESIGNESS TO COMPLY WITH ANY ORDERS ENTERED BY THIS COURT REGARDING PLAINTIFF / APPELLANT'S MOTION TO SUPPLEMENT THE RECORD PURSUANT TO F. R. APP. PRO. 9.200(F) TO BE FILED FORTHWITH AS SET FORTH BELOW
|
| On Behalf Of |
CARRIE CAUSEY MCSHAN
|
|
|
