Petitioner: SHARI BETH GOTTLIEB, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARTIN J. GOTTLIEB, DECEASED, FOR AND ON BEHALF OF SAID ESTATE AND THE SURVIVORS THEREOF
Respondent: MOHAMAD R. SAMIIAN, M.D., INDIVIDUALLY AND DOING BUSINESS AS AESTHETIC AND PLASTIC SURGERY CLINIC OF JACKSONVILLE; AND M. REZA SAMIIAN, M.D., P.A.
Judges: LINDA M. RIGOT
Agency: Medical Arbitration
Locations: Jacksonville, Florida
Filed: Aug. 31, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, January 11, 2010.
Latest Update: Jun. 09, 2010
Summary: Arbitration award for wrongful death of 32-year-old male who owned successful business and left a surviving spouse and two young children.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SHARI BETH GOTTLIEB, AS | ) |
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PERSONAL REPRESENTATIVE OF THE | ) |
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ESTATE OF MARTIN J. GOTTLIEB, | ) |
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DECEASED, FOR AND ON BEHALF OF | ) |
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SAID ESTATE AND THE SURVIVORS | ) |
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THEREOF, | ) |
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Claimants, | ) |
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vs. | ) | Case | No. | 07-3978MA |
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MOHAMAD R. SAMIIAN, M.D., | ) |
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INDIVIDUALLY AND DOING BUSINESS | ) |
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AS AESTHETIC AND PLASTIC | ) |
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SURGERY CLINIC OF JACKSONVILLE; | ) |
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and M. REZA SAMIIAN, M.D., | ) |
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P.A., | ) |
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Defendants. | ) |
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ARBITRATION AWARD
The final arbitration hearing in this cause was held before Linda M. Rigot, Chief Arbitrator; Robert Spohrer, Arbitrator; and S. William Fuller, Jr., Arbitrator, on October 28 and 29, 2009, in Jacksonville, Florida.
APPEARANCES
For Claimants: William A. Bald, Esquire
Dale, Bald, Showalter & Mercier, P.A.
200 West Forsyth Street, Suite 1100 Jacksonville, Florida 32202-4308
Stephen J. Pajcic, III, Esquire Pajcic & Pajcic
1900 Independent Square
Jacksonville, Florida 32202
For Defendants: Craig A. Dennis, Esquire
Dennis, Jackson, Martin & Fontela, P.A. 2367 Centerville Road
Post Office Box 15589 Tallahassee, Florida 32317-558
AWARD
At the conclusion of the arbitration hearing and pursuant
to Sections 766.207 and 768.21, Florida award was announced on the record: Loss of support and services | Statutes, the following |
Shari Beth Gottlieb | $ 17,052,342 |
Noah Gottlieb | 2,405,033 |
Hana Gottlieb | 2,854,511 |
Prospective net accumulations | 12,253,903 |
Non-economic damages |
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Shari Beth Gottlieb | 250,000 |
Noah Gottlieb | 250,000 |
Hana Gottlieb | 250,000 |
Total award | $ 35,315,789 |
Defendants shall pay the amount of | $ 2,750 each to |
Arbitrators Spohrer and Fuller. Further, Defendants shall pay the costs of the arbitration proceeding.
Ruling has been reserved as to the amount of reasonable attorney's fees and costs to be paid to Claimant's attorneys. The Claimant shall have fourteen days from the date of this Award by which file any affidavits in support of the reasonable
attorney's fees and costs being sought. Defendants shall have fourteen days thereafter by which to file any counter- affidavits. The Arbitrators will then confer and determine the reasonable attorney's fees and costs to be paid pursuant to Section 766.207(7)(f), Florida Statutes, and that decision will be contained in a supplemental arbitration award.
DONE AND ORDERED this 29th day of October, 2009, in Tallahassee, Leon County, Florida.
S
LINDA M. RIGOT, Chief Arbitrator Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 2009.
COPIES FURNISHED:
S. William Fuller, Jr., Esquire Fuller, Mitchell, Hood & Stephens, LLC 2565 Barrington Circle
Tallahassee, Florida 32308
Robert Spohrer, Esquire
Spohrer, Wilner, Maxwell & Matthews, P.A. 701 West Adams Street, Suite 2
Jacksonville, Florida 32204-1621
William A. Bald, Esquire
Dale, Bald, Showalter & Mercier, P.A.
200 West Forsyth Street, Suite 1100 Jacksonville, Florida 32202-4308
Craig A. Dennis, Esquire
Dennis, Jackson, Martin & Fontela, P.A. 2367 Centerville Road
Post Office Box 15589 Tallahassee, Florida 32317-558
Stephen J. Pajcic, III, Esquire Pajcic & Pajcic
1900 Independent Square
Jacksonville, Florida 32202
Docket for Case No: 07-003978MA
| Issue Date |
Proceedings |
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Jun. 09, 2010 |
Second Mandate filed.
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May 24, 2010 |
Second Opinion filed.
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May 24, 2010 |
BY ORDER OF THE COURT: Appellee's motion filed March 17, 2010, for attorney's fees is denied filed.
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Mar. 01, 2010 |
Index, Record, and Certificate of Record sent to the District Court of Appeal.
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Jan. 12, 2010 |
Second Amended Index (of the Record) sent to the parties of record.
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Jan. 12, 2010 |
Amended Invoice for the record on appeal mailed.
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Jan. 11, 2010 |
Supplemental Arbitration Award.
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Jan. 11, 2010 |
CASE STATUS: Hearing Held. |
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Jan. 07, 2010 |
Amended Index (of the Record) sent to the parties of record.
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Dec. 31, 2009 |
Index (of the Record) sent to the parties of record.
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Dec. 31, 2009 |
Invoice for the record on appeal mailed.
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Dec. 18, 2009 |
Transcript (of hearing held on October 29, 2009, filed. |
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Dec. 18, 2009 |
Transcript Volumes I and II, of hearing held on October 28, 2009, filed. |
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Dec. 18, 2009 |
Notice of Filing Appellate Transcript filed.
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Dec. 03, 2009 |
Defendants' Amended Memorandum of Law, Regarding Determination of Claimant's Reasonable Attorney Fee for Arbitration filed.
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Dec. 01, 2009 |
Defendants' Memorandum of Law, Regarding Determination of Claimant's Reasonable Attorney Fee for Arbitration filed.
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Nov. 24, 2009 |
Designation to Court Reporter and Reporter's Acknowledgment filed.
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Nov. 18, 2009 |
Motion to Tax Costs Pursuant to Rule 1.525 and the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions filed.
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Nov. 17, 2009 |
Acknowledgment of New Case, DCA Case No. 1D09-5725 filed.
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Nov. 12, 2009 |
Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
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Nov. 12, 2009 |
Affidavit of Rodney S. Margol, Esquire filed.
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Nov. 12, 2009 |
Designation to Court Reporter and Reporter's Acknowledgment filed.
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Nov. 12, 2009 |
Directions to Clerk filed.
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Oct. 29, 2009 |
Arbitration Award (hearing held October 28-29, 2009). DOAH JURISDICTION RETAINED.
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Oct. 28, 2009 |
CASE STATUS: Hearing Held. |
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Oct. 20, 2009 |
CASE STATUS: Pre-Hearing Conference Held. |
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Oct. 20, 2009 |
Pretrial Stipulation filed.
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Oct. 15, 2009 |
Amended Notice of Arbitration Hearing (hearing set for October 28 and 29, 2009; 9:30 a.m.; Jacksonville, FL; amended as to location of hearing).
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Sep. 24, 2009 |
Notice of Compliance with Request for Copies filed.
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Sep. 23, 2009 |
CASE STATUS: Pre-Hearing Conference Held. |
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Sep. 10, 2009 |
Claimant's Second Amended Response to Defendants' Sixth Request for Production filed.
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Sep. 04, 2009 |
Claimant's Response to Defendants' Sixth Request for Production (Medical Records not available for viewing) filed. |
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Sep. 03, 2009 |
Notice of Compliance with Request for Copies filed.
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Aug. 13, 2009 |
Plaintiff's Crossnotice to Produce Documents filed.
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Aug. 03, 2009 |
Letter to parties of record from Judge Rigot.
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Jul. 31, 2009 |
Letter to Judge Rigot from C. Dennis regarding request for video-conferencing availability at hearing location filed.
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Jul. 31, 2009 |
Notice of Production from Non-parties filed.
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Jul. 31, 2009 |
Subpoena Duces Tecum Without Deposition (4) filed.
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Jul. 29, 2009 |
Defendants' Sixth Request for Production to Claimant filed.
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Jul. 22, 2009 |
Letter to Judge Rigot from C. Dennis confirming available dates for hearing filed.
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Jul. 21, 2009 |
Letter to Judge Rigot from C. Dennis regarding agreement between counsel for new hearing dates filed.
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Jul. 21, 2009 |
Notice of Arbitration Hearing (hearing set for October 28 and 29, 2009; 9:30 a.m.; Jacksonville, FL).
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Jul. 20, 2009 |
Letter to Judge Rigot from S. Pajcic regarding agreed upon conditions in reference to Order Granting Continuance filed.
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Jul. 02, 2009 |
Order Granting Continuance (parties to advise status by July 20, 2009).
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Jul. 02, 2009 |
Claimant's Response to Motion for Continuance of Arbitration Hearing filed.
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Jul. 01, 2009 |
Amended Notice of Taking Deposition filed.
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Jun. 29, 2009 |
Defendants' Motion for Continuance of Arbitration Hearing filed.
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Jun. 26, 2009 |
Deposition of Michael J. Piette filed.
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Jun. 26, 2009 |
Deposition of Marvin D. Beasley filed.
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Jun. 26, 2009 |
Notice of Filing Depositions (of M. Piette and M. Beasley, Jr.) filed.
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Jun. 24, 2009 |
Deposition of Frederick A. Raffa filed.
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Jun. 24, 2009 |
Notice of Filing Deposition (Frederick A. Raffa).
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Jun. 19, 2009 |
Notice of Taking Deposition (of M. Piette) filed.
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Jun. 17, 2009 |
Notice of Taking Deposition (of S. Gottlieb) filed.
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Jun. 10, 2009 |
Notice of Taking Deposition (of S. Karch) filed.
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Jun. 08, 2009 |
Plaintiff Shari Gottlieb's Notice of Serving Answers to Third Interrogatories of Defendant Mohamad R. Samiian filed.
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Jun. 08, 2009 |
Plaintiff's Response to Defendants Amended Fourth Request for Production to Claimant filed.
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May 29, 2009 |
Defendants' Witness List filed.
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May 28, 2009 |
Defendants' Response to Claimant's Request for Production filed.
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May 28, 2009 |
Plaintiff's Notice of Taking Deposition Duces Tecum (M. Beasley) filed.
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May 22, 2009 |
Plaintiff's Notice of Taking Deposition Duces Tecum (Michael J. Piette) filed.
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May 14, 2009 |
Defendants' Notice of Serving Third Interrogatories to Claimant filed.
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May 14, 2009 |
Defendants' Fifth Request for Production to Claimant filed.
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May 11, 2009 |
SUPREME COURT OF FLORIDA ORDER: No motion for rehearing will be entertained by the court.
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May 04, 2009 |
Second Amended Notice of Taking Deposition Duces Tecum (of F. Raffa) filed.
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Apr. 27, 2009 |
Claimant's Request for Production to Defendants filed.
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Apr. 24, 2009 |
Amended Notice of Taking Deposition Duces Tecum (of F. Raffa) filed.
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Apr. 08, 2009 |
Plaintiff's Response to Defendants Third Request for Production to Claimant filed.
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Apr. 08, 2009 |
Plaintiff's Response to Defendants Amended Fourth Request for Production to Claimant filed.
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Apr. 02, 2009 |
Notice of Taking Deposition Duces Tecum (of F. Raffa) filed.
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Mar. 05, 2009 |
Defendants' Fourth Request for Production to Claimant filed.
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Mar. 05, 2009 |
Defendants' Amended Fourth Request for Production to Claimant filed.
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Mar. 03, 2009 |
Defendants' Third Request for Production to Claimant filed.
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Feb. 18, 2009 |
Opinion filed.
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Feb. 18, 2009 |
Mandate filed.
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Jan. 14, 2009 |
Notice of Arbitration Hearing (hearing set for July 21 and 22, 2009; 9:30 a.m.; Jacksonville, FL).
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Jan. 13, 2009 |
Letter to Judge Rigot from W. Bald regarding hearing dates filed.
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Dec. 17, 2008 |
Order Requiring Dates.
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Aug. 12, 2008 |
Order Granting Continuance (status report due after conclusion of pending appellate proceeding).
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Aug. 12, 2008 |
Joint Motion for Continuance filed.
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Jul. 21, 2008 |
Plaintiff`s Notice of Disclosure of Expert and General Witnesses filed.
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Jul. 21, 2008 |
Defendants` Witness List filed.
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Jul. 16, 2008 |
Plaintiff`s Response to the Request for Production of Defendant Mohamad R. Samiian filed.
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May 29, 2008 |
Answer Brief of Appellees/Respondents Mohamad R. Samiian, M.D., individually and doing business as Aesthetic and Plastic Surgery Clinic of Jacksonville and M. Reza Samiian, M.D., P.A., filed.
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Apr. 22, 2008 |
Petition for Writ of Certiorari (Medical Records not available for viewing) filed. |
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Apr. 22, 2008 |
Certificate of Service filed.
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Apr. 16, 2008 |
Order Granting Motion to Stay.
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Apr. 11, 2008 |
Claimant's Unopposed Motion for Stay filed.
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Apr. 03, 2008 |
Order Granting Reconsideration and Amended Motion to Disinter.
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Mar. 18, 2008 |
Claimant's Memorandum in Opposition to Defendants' Amended Motion to Disinter filed.
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Mar. 18, 2008 |
Claimant's Motion for Reconsideration filed.
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Mar. 18, 2008 |
Notice of Arbitration Hearing (hearing set for September 3 through 5, 2008; 9:30 a.m.; Jacksonville, FL).
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Mar. 17, 2008 |
Letter to Judge Rigot from C. Dennis regarding dates for arbitration filed.
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Mar. 17, 2008 |
Claimant's Notice of Compliance with Order filed.
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Mar. 14, 2008 |
Order Granting Defendants' Amended Motion to Disinter.
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Mar. 13, 2008 |
Derfendant's Notice of Service of Response to Claimant's Expert Interrogatories filed.
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Mar. 13, 2008 |
Defendant's Response to Claimants' Request for Production filed.
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Mar. 03, 2008 |
Claimant's Supplemental Response to Discovery filed.
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Mar. 03, 2008 |
Order on Defendants' Motion to Compel and Continuing Arbitration Hearing (parties to advise status by March 18, 2008).
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Mar. 03, 2008 |
CASE STATUS: Motion Hearing Held. |
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Feb. 29, 2008 |
Plaintiff's Third Supplemental Notice of Compliance with Defendant`s First Request for Production filed.
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Feb. 27, 2008 |
Notice of Telephone Hearing filed.
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Feb. 27, 2008 |
Defendant's Amended Motion to Disinter filed.
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Feb. 25, 2008 |
Plaintiff's Supplemental Notice of Compliance with First Request for Production filed.
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Feb. 25, 2008 |
Plaintiff Shari Gottlieb's Notice of Serving Answers to Interrogatories of Defendant Mohamad R. Samiian filed.
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Feb. 22, 2008 |
Motion to Shorten Time for Responding to Claimants' Request for Production of Documents filed.
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Feb. 22, 2008 |
Defendants' Notice of Serving Request for Production to Claimant filed.
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Feb. 22, 2008 |
Defendants' Motion to Compel Answers to Second Interrogatories filed.
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Feb. 19, 2008 |
Order Denying Motion for Rehearing and/or for Clarification.
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Feb. 11, 2008 |
Claimant's Request for Production to Defendants filed.
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Feb. 11, 2008 |
Claimant's Notice of Propounding Expert Witness Interrogatories filed.
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Feb. 06, 2008 |
Plaintiff's Notice of Disclosure of Expert and General Witnesses filed.
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Feb. 01, 2008 |
Defendants' Witness List filed.
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Feb. 01, 2008 |
Plaintiff's Supplemental Notice of Compliance with First Request for Production filed.
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Jan. 28, 2008 |
Defendants' Motion for Rehearing and/or for Clarification of Scope of Economic Damages Recoverable at Arbitration filed.
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Jan. 17, 2008 |
Notice of Change of Address filed.
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Jan. 15, 2008 |
Defendants` Notice of Serving Second Interrogatories to Claimant filed.
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Jan. 14, 2008 |
Notice of Appearance of Additional Counsel (filed by W. Bald).
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Jan. 11, 2008 |
Order Denying Motion to Compel and Motion to Disinter.
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Jan. 11, 2008 |
CASE STATUS: Motion Hearing Held. |
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Jan. 10, 2008 |
Plantiff`s Notice of Compliance with First Request for Production filed.
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Jan. 10, 2008 |
Claimant`s Memorandum in Opposition to Motion to Disinter filed.
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Jan. 09, 2008 |
Confidentiality Stipulation filed.
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Jan. 08, 2008 |
Plantiff`s Memorandum in Opposition to Defendants` Motion to Compel filed.
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Jan. 07, 2008 |
Notice of Telephone Hearing filed.
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Jan. 02, 2008 |
Defendants` Motion to Disinter filed.
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Dec. 14, 2007 |
Plantiff`s Objections to First Request for Production filed.
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Dec. 14, 2007 |
Defendant`s Motion to Compel Answers to Interrogatories filed.
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Dec. 04, 2007 |
Plantiff's Notice of Compliance with First Interrogatories filed.
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Nov. 13, 2007 |
Defendants` First Request for Production to Claimant filed.
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Nov. 13, 2007 |
Defendants' Notice of Serving First Interrogatories to Claimant filed.
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Nov. 09, 2007 |
Defendants' First Request for Production to Claimant filed.
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Nov. 09, 2007 |
Defendants' Notice of Serving First Interrogatories to Claimant filed.
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Oct. 31, 2007 |
Notice of Arbitration Hearing (hearing set for March 19 and 20, 2008; 9:30 a.m.; Jacksonville, FL).
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Oct. 30, 2007 |
Letter to Judge Rigot from S. Pajcic regarding Order Concerning Assessment Arbitration filed.
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Oct. 17, 2007 |
Order Concerning Assessment Arbitration.
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Oct. 17, 2007 |
Order Confirming Arbitrators.
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Oct. 16, 2007 |
Defendants` Selection of Arbitrator and Alternate Arbitrators filed.
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Sep. 18, 2007 |
Order Granting Extension of Time.
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Sep. 17, 2007 |
Claimant`s Selection of Arbritator filed.
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Sep. 17, 2007 |
Defendant`s Motion to Extend Time for Selecting Arbitrators filed.
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Sep. 04, 2007 |
Notice Regarding Applicable Rules and Service of Pleadings.
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Sep. 04, 2007 |
Certificate of Chief Arbitrator.
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Sep. 04, 2007 |
Order Appointing Chief Arbitrator.
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Aug. 31, 2007 |
Request for Binding Arbitration filed.
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Aug. 31, 2007 |
Referral Letter filed.
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Orders for Case No: 07-003978MA
