|
WEST COAST MEDICAL RESOURCES, LLC AND GEOSURGICAL, LLC, Appellant(s) v. ARTHREX, INC., Appellee(s).
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2D2024-0841
|
2024-04-05
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2017CA004751
|
Parties
| Name |
GEOSURGICAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ARTHREX, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dineen Pashoukos Wasylik, Anthony P. Cho, William Haskell Walker, David L. Atallah, Anthony P. Cho, David L. Atallah
|
|
| Name |
Hon. Thomas M. Ramsberger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
WEST COAST MEDICAL RESOURCES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrea E. Nieto, Catherine Hope Molloy, Richard C McCrea, Jr.
|
|
Docket Entries
| Docket Date |
2024-06-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
WEST COAST MEDICAL RESOURCES, LLC
|
| View |
View File
|
|
| Docket Date |
2024-09-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
ARTHREX, INC.
|
| View |
View File
|
|
| Docket Date |
2024-08-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
91 PAGES
|
|
| Docket Date |
2024-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Appellee's motion to supplement the record is granted, and Appellee shall make arrangements within 3 days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion. The clerk shall transmit the supplemental record to this court within 25 days from the date of this order.
Appellee's motion for extension of time is granted, and the answer brief shall be served within 40 days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion to Supplement Record & EOT/Toll Briefing
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-07-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
30 DAYS - AB DUE ON 08/14/24
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-06-11
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
407 PAGES ***ADDENDUM***
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-06-05
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
RAMSBERGER - 6761 PAGES
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-06-04
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
1417 PAGES
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Attorney Steven Susser is removed from this case.
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
CERTIFICATE OF THE CLERK
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-04-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Pay Pro Hac Vice Fee-100 - NO FEE ATTACHED - Anthony P. Cho
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-04-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice - Anthony P. Cho
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WEST COAST MEDICAL RESOURCES, LLC
|
|
| Docket Date |
2024-04-10
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorneys David L. Atallah,Anthony P. Cho, and Steven Susser shall move to appear in this court pro hac vicepursuant to Florida Rule of General Practice and Judicial Administration 2.510 or theattorneys will be removed from this proceeding.
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|
| Docket Date |
2024-04-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
WEST COAST MEDICAL RESOURCES, LLC
|
|
| Docket Date |
2024-04-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-04-05
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
WEST COAST MEDICAL RESOURCES, LLC
|
|
| Docket Date |
2024-04-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Attorney Anthony P. Cho's motion to appear as a foreign attorney in
this proceeding is granted. All parties must serve sponsoring Florida
attorney Dineen P. Wasylik with all submissions when serving foreign
attorney Anthony P. Cho with documents.
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| View |
View File
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|
| Docket Date |
2024-04-09
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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ARTHREX, INC., Appellant(s) v. WEST COAST MEDICAL RESOURCES, LLC, GEOSURGICAL, LLC, Appellee(s).
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2D2023-2633
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2023-12-06
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2017CA004751
|
Parties
| Name |
WEST COAST MEDICAL RESOURCES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDREA E. NIETO, ESQ., RICHARD C. MC CREA, JR., ESQ., CATHERINE MOLLOY, ESQ.
|
|
| Name |
GEOSURGICAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. THOMAS M. RAMSBERGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ARTHREX, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JESSICA FLEETHAM, ESQ., STEVEN SUSSER, ESQ., DINEEN P. WASYLIK, ESQ., DAVID L. ATALLAH, ESQ., ANTHONY P. CHO, ESQ., WILLIAM H. WALKER, ESQ.
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Docket Entries
| Docket Date |
2023-12-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-04-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
| Docket Date |
2024-04-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 04/15/2024
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 03/14/2024
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-01-24
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 1418 PAGES
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2024-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney Steven Susser's motion to appear as a foreign attorney is granted. Allparties must serve sponsoring Florida attorney Dineen P. Wasylik with all submissionswhen serving foreign attorney Steven Susser with documents.
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| Docket Date |
2023-12-27
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| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ DUPLICATE - David L. Atallah
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| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2024-01-08
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| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ Anthony P. Cho - AMENDED MOTION
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2023-12-06
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-12-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-01-05
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2024-01-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within fifteen days, Attorney Steven Susser shall file an amended verified motionto appear pro hac vice that states in paragraph 12 the date on which pro hac viceadmission was sought and whether such admission was granted or denied, as requiredby Florida Rule of General Practice and Judicial Administration 2.510(b)(2).
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| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within fifteen days, Attorney Anthony P. Cho shall file an amended verifiedmotion to appear pro hac vice that states in paragraph 12 the date on which pro hacvice admission was sought and whether such admission was granted or denied, asrequired by Florida Rule of General Practice and Judicial Administration 2.510(b)(2).
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| Docket Date |
2023-12-27
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal ~ David L. Atallah
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2023-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2023-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WEST COAST MEDICAL RESOURCES, LLC
|
|
| Docket Date |
2023-12-07
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorneys David L. Atallah, Anthony P. Cho, and Steven Susser shall move to appear in this court pro hac vice pursuant to Florida Rule of General Practice and Judicial Administration 2.510 or the attorney will be removed from this proceeding.
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MAICKOLL PAPASTRAVOS, VS ARTHREX, INC.,
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3D2023-0728
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2023-04-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-1530
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Parties
| Name |
MAICKOLL PAPASTRAVOS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Judd G. Rosen, Mustafa H. Dandashly
|
|
| Name |
ARTHREX, INC.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
RACHEL L. FORMAN, WILLIAM P. GERAGHTY
|
|
| Name |
Hon. Ariana Fajardo Orshan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-30
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
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| Docket Date |
2023-05-30
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
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|
| Docket Date |
2023-05-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-05-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MAICKOLL PAPASTRAVOS
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellant shall show cause, within ten (10) days from the date of this Order, as to why the appeal should not be dismissed as one taken from a non-final, non-appealable order. See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015); see, e.g., Robles v. Baptist Health S. Fla., Inc., 197 So. 3d 1196, 1198 (Fla. 3d DCA 2016).
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|
| Docket Date |
2023-04-25
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING CERTIFICATE OF SERVICE
|
| On Behalf Of |
MAICKOLL PAPASTRAVOS
|
|
| Docket Date |
2023-04-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MAICKOLL PAPASTRAVOS
|
|
| Docket Date |
2023-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2023-04-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-04-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2023-04-21
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
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STEPHEN S. BURKHART, M. D. AND BURKHART RESOURCE LIMITED PARTNERSHIP VS ARTHREX, INC.
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2D2021-2223
|
2021-07-23
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2020-CA-000401-000 I-XX
|
Parties
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
BURKHART RESOURCE LIMITED PARTNERSHIP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ARTHREX, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GEOFFREY A. VANCE, ESQ., DOUGLAS L. SAWYER, ESQ., JASON HUNTER KORN, ESQ., MARK T. SMITH, ESQ., MARSHALL P. BENDER, ESQ.
|
|
| Name |
HON. HUGH D. HAYES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
STEPHEN S. BURKHART, M. D.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOHN C. O'QUINN, ESQ., KENNETH A. YOUNG, MARK J. CRISER, ESQ., MICHAEL J. CORSO, ESQ., EDWARD DONOVAN, ESQ., ANNA ROTMAN, ESQ., JUSTIN SINGH, ESQ., MARIE A. BORLAND, ESQ., CHRISTOPHER LAWLESS, ESQ., LUKE DAUCHOT, ESQ., CHRIS W. ALTENBERND, ESQ., DENNIS PARKER WAGGONER, ESQ.
|
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Docket Entries
| Docket Date |
2022-12-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellee's motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2022-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION FORREHEARING AND REHEARING EN BANC
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
|
|
| Docket Date |
2022-07-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2022-07-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2021-12-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2021-10-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
|
|
| Docket Date |
2021-09-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **CONFIDENTIAL** STORED ON CONFIDENTIAL DOCKET IDCA
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2021-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by September 15, 2021.
|
|
| Docket Date |
2021-09-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2021-09-02
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time ~ The stipulation for extension of time submitted by Jason Hunter Korn onSeptember 2, 2021, is stricken. The Administrative Order 2013-1 does not apply to nonfinal appeals.
|
|
| Docket Date |
2021-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2021-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing ~ AAS' MOTION TO DETERMINE CONFIDENTIALITY ***LOCATED IN IDCA CONFIDENTIAL***
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
|
|
| Docket Date |
2021-08-23
|
| Type |
Order
|
| Subtype |
Order
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| Description |
Miscellaneous Order ~ Attorneys Luke Dauchot, Justin Singh, Christopher Lawless, Edward Donovan, Anna Rotman, and Kenneth Young are removed from this proceeding.
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|
| Docket Date |
2021-08-13
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Appellants' notice of confidential information within court filing is stricken because the portions of the initial brief and appendix identified in the notice are not confidential pursuant to Florida Rule of General Practice & Judicial Administration 2.420(d)(1)(B)(i)-(xxiii). See Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(2). Within ten days of the date of this order, Appellants shall file a motion to determine confidentiality of court records that satisfies rule 2.420(e)(1)(B), (C) (requiring that a motion must specify the bases for determining confidentiality and set forth the underlying legal authority, without revealing confidential information), and that provides this court with sufficient information to issue an order consistent with rule 2.420(e)(3), particularly subparagraph (F). The material identified in the notice will be kept confidential during the 10-day period.
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| Docket Date |
2021-08-12
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS APPELLATE CO-COUNSELAND DESIGNATION OF EMAIL ADDRESSES
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| On Behalf Of |
ARTHREX, INC.
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|
| Docket Date |
2021-08-10
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix for Initial Brief ~ **CONFIDENTIAL** STORED ON CONFIDENTIAL DOCKET IDCA
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| On Behalf Of |
STEPHEN S. BURKHART, M. D.
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|
| Docket Date |
2021-08-09
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
|
|
| Docket Date |
2021-08-09
|
| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
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| On Behalf Of |
STEPHEN S. BURKHART, M. D.
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|
| Docket Date |
2021-08-06
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| Type |
Order
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| Subtype |
Order on Motion to Appear Pro Hac Vice
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| Description |
grant pro hac vice and $100 fee ~ Attorney Vance's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorneys Jason Hunter Korn and Marshall P. Bender with all submissions when serving foreign attorney Geoffrey A. Vance with documents.Pursuant to section 35.22(2)(a), Florida Statutes, if the foreign attorney has not already done so, they shall within ten days remit the statutory fee of $100, which can be paid through the Florida Courts E-Filing Portal or by sending a check payable to the clerk of this court, failing which this order will be vacated and the motion to appear as a foreign attorney will be denied.
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| Docket Date |
2021-07-26
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| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
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| Description |
grant pro hac vice and $100 fee ~ Attorney O’Quinn's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Marie A. Borland with all submissions when serving foreign attorney John C. O’Quinn with documents.
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|
| Docket Date |
2021-08-06
|
| Type |
Misc. Events
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| Subtype |
Pro Hac Vice Fee Paid through Portal
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| Description |
Pro Hac Vice Fee Paid through Portal
|
| On Behalf Of |
ARTHREX, INC.
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|
| Docket Date |
2021-08-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ Mark T. Smith
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| On Behalf Of |
ARTHREX, INC.
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|
| Docket Date |
2021-07-23
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
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|
| Docket Date |
2021-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
|
|
| Docket Date |
2021-07-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
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|
| Docket Date |
2021-07-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ JOHN C. O'QUINN
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| On Behalf Of |
STEPHEN S. BURKHART, M. D.
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|
| Docket Date |
2021-07-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2021-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
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| Description |
Notice of Confidential Information Within Court Filing ~ stricken-see 8/13/21 order.
|
| On Behalf Of |
STEPHEN S. BURKHART, M. D.
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|
| Docket Date |
2021-10-20
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
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| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, DECEMBER 15, 2021, at 11:00 A.M., before: Judge Craig C. Villanti, Judge Anthony K. Black, Judge J. Andrew Atkinson. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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| Docket Date |
2021-09-08
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The Appellant's motion to determine confidentiality filed in this nonfinal civil appeal is granted in part. Pursuant to the circuit court's June 4 and 30, 2021, orders to seal, the following portions of the appendix to the initial brief are determined to be confidential: pages 549-56, paragraph 34 of page 581, paragraph 5 of page 635, the indented quote on page 657, the first quote on page 655, page 809, pages 815-17, page 821, and page 826. Page 5, lines 6-9 of the initial brief will also be maintained as confidential. See Fla. Gen. Prac. & Jud. Admin. 2.420(g)(8). The parties' names, this court's administrative file, and the court docket are determined not to be confidential. The court finds that no less restrictive measure is available to protect the confidentiality of these items and that the degree, duration, and manner of confidentiality ordered herein are no broader than necessary to protect such confidentiality.The clerk of this court shall seal the pages identified above and keep them from public access. Only the parties and their counsel, the judges of the court, the staff of the judges to which this case is assigned, and as necessary the court's clerical staff may view the materials determined as confidential by this order.It is further ordered that, within 10 days from the date of this order, the clerk shall post a copy of this order on the clerk's website for a period of 30 days to provide public notice.Future filings by the parties should either be redacted or accompanied by a notice of confidential information within court filing to protect the information determined to be confidential by this order that references this order.The motion is otherwise denied as the transcript contained in the appendix was not subject to the circuit court's orders to seal and the motion does not provide any other basis for confidentiality. This court will continue to hold the portions of the transcript for which confidentiality is sought for ten days from the date of this order. Appellant may file an amended motion that satisfies rule 2.420(e)(1)(B), (C) (requiring that a motion must specify the bases for determining confidentiality and set forth the underlying legal authority, without revealing confidential information) and that provides this court with sufficient information to issue an order consistent with rule 2.420(e)(3). If such a motion is not filed within ten days of the date of this order, the portions of the transcript for which confidentiality is sought will no longer be held as confidential.
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| Docket Date |
2021-08-10
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
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DALE BONDANZA VS ARTHREX, INC.
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2D2019-1222
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2019-03-28
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2016-CA-1174-XX
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Parties
| Name |
DALE BONDANZA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
G. Ware Cornell, Jr., Esq.
|
|
| Name |
ARTHREX, INC.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chance Lyman, Esq., Jennifer Olmedo-Rodriguez, Esq., AMANDA CHAFIN, ESQ., KELLY H. KOLB, ESQ.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's April 13, 2020, filing, titled "Plaintiff's Response to Defendant's Fee Motion," is styled for filing in the circuit court and transferred to the circuit court with this order.
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|
| Docket Date |
2020-04-13
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ TO DEFENDANT'S FEE MOTION*see 5/6/2020 order.*
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| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2020-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee’s motion for appellate attorney’s fees is granted, and the matter is remanded to the trial court to determine the appropriate amount of fees to be awarded.To the extent that appellee seeks an award of allowable costs, the request is stricken without prejudice to appellee to file a timely motion with the lower tribunal. See Fla. R. App. P. 9.400(a).
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|
| Docket Date |
2020-02-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2020-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2020-02-12
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
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|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, FEBRUARY 12, 2020, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Craig C. Villanti, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
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|
| Docket Date |
2019-10-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by October 11, 2019.
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|
| Docket Date |
2019-09-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-09-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-08-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2019-08-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2019-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20- AB due 08/28/19
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2019-07-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-07-12
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ARTHREX, INC.
|
|
| Docket Date |
2019-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by July 15, 2019.
|
|
| Docket Date |
2019-06-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by July 1, 2019.
|
|
| Docket Date |
2019-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
DALE BONDANZA
|
|
| Docket Date |
2019-04-30
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 17 PAGES
|
|
| Docket Date |
2019-04-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CONFIDENTIAL** 79 PAGES
|
|
| Docket Date |
2019-03-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ w/order
|
| On Behalf Of |
DALE BONDANZA
|
|
|
