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QUEST DIAGNOSTICS, INC., Appellant(s) v. NICOLE CLARKE, Appellee(s).
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4D2023-2923
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2023-12-05
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Open
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| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC011132
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Parties
| Name |
QUEST DIAGNOSTICS, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Dale Thomas Golden, Charles James McHale, Jr.
|
|
| Name |
Hon. Danielle A Sherriff
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
Nicole Clarke
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jacqueline A. Grady, Kevin Rajabalee, Morgan Lyle Weinstein
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Docket Entries
| Docket Date |
2024-11-12
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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|
| Docket Date |
2024-11-12
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Quest Diagnostics, Inc.
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| View |
View File
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| Docket Date |
2024-11-04
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
ORDERED that Appellant's October 31, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief on or before November 11, 2024. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
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| Docket Date |
2024-10-31
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief
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| Docket Date |
2024-10-07
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Quest Diagnostics, Inc.
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| Docket Date |
2024-09-11
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Nicole Clarke
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| View |
View File
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| Docket Date |
2024-08-13
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| Type |
Recognizing Agreed Extension
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| Subtype |
Answer Brief
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| Description |
To 09/10/2024
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| Docket Date |
2024-08-13
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Nicole Clarke
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| Docket Date |
2024-07-12
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| Type |
Recognizing Agreed Extension
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| Subtype |
Answer Brief
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| Description |
To 08/11/2024
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| Docket Date |
2024-07-12
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Nicole Clarke
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| Docket Date |
2024-06-12
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| Type |
Recognizing Agreed Extension
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| Subtype |
Answer Brief
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| Description |
To 07/11/2024
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| Docket Date |
2024-06-12
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Nicole Clarke
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| Docket Date |
2024-04-10
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Quest Diagnostics, Inc.
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| View |
View File
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| Docket Date |
2024-03-05
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| Type |
Recognizing Agreed Extension
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| Subtype |
Initial Brief
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| Description |
30 Days to 04/10/2024
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| Docket Date |
2024-03-05
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Quest Diagnostics, Inc.
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| Docket Date |
2024-02-01
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
30 Days to March 11, 2024
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| On Behalf Of |
Quest Diagnostics, Inc.
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| Docket Date |
2024-02-01
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Quest Diagnostics, Inc.
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| Docket Date |
2024-01-19
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 1,767 Pages
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| On Behalf Of |
Palm Beach Clerk
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| Docket Date |
2024-01-10
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Nicole Clarke
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| Docket Date |
2023-12-14
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing November 4, 2023 Final Judgment
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| On Behalf Of |
Quest Diagnostics, Inc.
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| Docket Date |
2023-12-13
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing November 4, 2023 Final Judgment
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| On Behalf Of |
Quest Diagnostics, Inc.
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| Docket Date |
2023-12-08
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the November 4, 2023 final judgment being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2023-12-06
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Paid Case Filing Fee-300
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| On Behalf Of |
Quest Diagnostics, Inc.
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| View |
View File
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| Docket Date |
2023-12-05
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2023-12-05
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Order Appealed Needed
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| View |
View File
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| Docket Date |
2023-12-05
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-10-07
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant's October 7, 2024 notice is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order. Further,
ORDERED that Appellant's October 7, 2024 notice is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) ("Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font."). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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| View |
View File
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| Docket Date |
2023-12-14
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant's December 13, 2023 notice of filing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f) and as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
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| View |
View File
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QUEST DIAGNOSTICS, INC. VS CHERI HAYNIE
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4D2021-0240
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2021-01-12
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Closed
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| Classification |
NOA Final - County Small Claims - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
2019SC19779, 2020AP42
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Parties
| Name |
QUEST DIAGNOSTICS, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Dale Golden, Charles McHale
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| Name |
CHERI HAYNIE LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Evan M. Rosen
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|
| Name |
Hon. Paige Hardy Gillman
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-01-14
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2021-01-12
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| Type |
Notice
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| Subtype |
Circuit Court Appeal Documents
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| Description |
Circuit Court Appeal Documents
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| On Behalf Of |
Clerk - Palm Beach
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| Docket Date |
2021-04-28
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion
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| Docket Date |
2021-04-28
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s October 12, 2020 motion for appellate attorney's fees is denied.
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| Docket Date |
2021-05-14
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2021-05-14
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2021-01-19
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| Type |
Notice
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| Subtype |
Notice of Related Case or Issue
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| Description |
Notice of Similar Case Pending
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| On Behalf Of |
QUEST DIAGNOSTICS, INC.
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| Docket Date |
2021-01-15
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| Type |
Order
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| Subtype |
Order
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| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
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| Docket Date |
2021-01-12
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 112 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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| Docket Date |
2021-01-12
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF:Not Required
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HAROLD KRUEGER VS QUEST DIAGNOSTICS, INC., ET AL
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2D2018-3823
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2018-09-25
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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 Thirteenth Judicial Circuit, Hillsborough County
17-CA-3598
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Parties
| Name |
HAROLD KRUEGER
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| Role |
Appellant
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| Status |
Active
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| Representations |
CHRIS W. ALTENBERND, ESQ., DENNIS A. LOPEZ, ESQ.
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|
| Name |
M P N, L L C
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| Role |
Appellee
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| Status |
Active
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| Name |
BRUCE STRUMPF, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
QUEST DIAGNOSTICS, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
JONATHAN N. ZAIFERT, ESQ., GREGORY D. JONES, ESQ., CARLA M. SABBAGH, ESQ.
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|
| Name |
HILLSBOROUGH CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-01-07
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
HAROLD KRUEGER
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| Docket Date |
2019-11-07
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2019-11-04
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2019-10-18
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| Type |
Order
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| Subtype |
Order on Motion For Clarification
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| Description |
Deny Clarification-78a
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| Docket Date |
2019-10-08
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO MOTION FOR CLARIFICATON
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| On Behalf Of |
HAROLD KRUEGER
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| Docket Date |
2019-09-30
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| Type |
Post-Disposition Motions
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| Subtype |
Motion For Clarification
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| Description |
Motion For Clarification
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| On Behalf Of |
QUEST DIAGNOSTICS, INC.
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| Docket Date |
2019-09-13
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Appellant has filed a motion for appellate attorney's fees pursuant to a proposal for settlement. Appellant's motion for appellate attorney's fees is remanded to the trial court. If Appellant hereafter establishes his entitlement to attorney's fees pursuant to section 768.79, Florida Statutes (2018) and Florida Rule of Civil Procedure 1.442, the trial court is authorized to award him all of the reasonable appellate attorney's fees he incurred in this appeal.Appellee MPN, LLC's motion for appellate attorney's fees is denied.Appellee Bruce Strumpf Inc.'s motion for appellate attorney's fees is denied.
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| Docket Date |
2019-09-13
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion ~ and remanded.
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| Docket Date |
2019-08-06
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ Tampa
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| Docket Date |
2019-05-28
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 06, 2019, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Matthew C. Lucas, Judge Andrea T. Smith. 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 |
2019-05-01
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| Type |
Order
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| Subtype |
Order on Motion to Expedite
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| Description |
ORD-GRANTING EXPEDITING ~ The appellant's notice of priority status for purposes of oral argument is treated as a motion to expedite oral argument. The motion is granted to the extent that oral argument will be scheduled for the earliest session for which an opening is available.
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| Docket Date |
2019-04-29
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ APPELLANT'S NOTICE OF PRIORITY STATUS FOR PURPOSES OF ORAL ARGUMENT **Treated as a motion to expedite oral argument**
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| On Behalf Of |
HAROLD KRUEGER
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| Docket Date |
2019-04-29
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant Reply Brief
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| On Behalf Of |
HAROLD KRUEGER
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|
| Docket Date |
2019-04-15
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTIONS FOR APPELLATE ATTORNEYS' FEES
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| On Behalf Of |
HAROLD KRUEGER
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|
| Docket Date |
2019-04-01
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
QUEST DIAGNOSTICS, INC.
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|
| Docket Date |
2019-04-01
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| Type |
Brief
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| Subtype |
Appendix
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| Description |
Appendix for Answer Brief
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| On Behalf Of |
QUEST DIAGNOSTICS, INC.
|
|
| Docket Date |
2019-04-01
|
| 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 |
QUEST DIAGNOSTICS, INC.
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| Docket Date |
2019-03-11
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| Type |
Order
|
| Subtype |
Order to Serve Brief
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| Description |
Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days from the date of this order.
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|
| Docket Date |
2019-01-28
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
HAROLD KRUEGER
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|
| Docket Date |
2019-01-25
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
QUEST DIAGNOSTICS, INC.
|
|
| Docket Date |
2019-01-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
HAROLD KRUEGER
|
|
| Docket Date |
2019-01-07
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
HAROLD KRUEGER
|
|
| Docket Date |
2019-01-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
HAROLD KRUEGER
|
|
| Docket Date |
2018-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 21 - IB due 01/11/19
|
| On Behalf Of |
HAROLD KRUEGER
|
|
| Docket Date |
2018-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 23 - IB due 12/21/18
|
| On Behalf Of |
HAROLD KRUEGER
|
|
| Docket Date |
2018-11-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RICE - REDACTED - 3158 PAGES
|
|
| Docket Date |
2018-09-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2018-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HAROLD KRUEGER
|
|
|
