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Home » Cases Under Administrative Hearing » 19-003662MPI

19-003662MPI Agency For Health Care Administration vs. Alfred Ivan Murciano, M.D.
 Status: Closed
Recommended Order on Thursday, September 1, 2022.

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Summary: Respondent failed to obtain a statutorily compliant peer review of the allegedly overpaid Medicaid claims, which is a condition precedent to the bringing of this action for recoupment.
  • Document: Recommended Order
  • Issued: 09/01/2022
  • Summary: Respondent failed to obtain a statutorily compliant peer review of the allegedly overpaid Medicaid claims, which is a condition precedent to the bringing of this action for recoupment.
Dockets
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Date
Proceedings
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Date: 10/14/2022
Proceedings: Amended Order Declining Remand.
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Date: 09/29/2022
Proceedings: Order Declining Remand.
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Date: 09/22/2022
Proceedings: Order on Motion for Remand filed.
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Date: 09/01/2022
Proceedings: Recommended Order
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Date: 09/01/2022
Proceedings: Recommended Order (hearing held March 8 through 11; May 4 through 7; August 12, 13, 17, and 18; September 15 and 16; October 13 and 14; and November 3 and 16, 2021 as well as February 2, 10, 16, and 23, 2022). CASE CLOSED.
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Date: 09/01/2022
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 07/13/2022
Proceedings: Respondent's Proposed Recommended Order filed.
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Date: 07/13/2022
Proceedings: Petitioner's Proposed Recommended Order filed.
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Date: 05/03/2022
Proceedings: Order on Murciano's Motion for Clarification or Reconsideration.
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Date: 04/29/2022
Proceedings: Agency's Response in Opposition to Respondent's Motion for Clarification or Reconsideration of Order on Agency's Motion for Clarification or, in the Alternative, Reconsideration filed.
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Date: 04/26/2022
Proceedings: Respondent's Motion for Clarification or Reconsideration of Order on Agency's Motion for Clarification or, in the Alternative, Reconsideration filed.
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Date: 04/19/2022
Proceedings: Notice of Final Hearing Transcript.
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Date: 04/19/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 04/14/2022
Proceedings: Order on Agency's Motion for Clarification or, in the Alternative, Reconsideration .
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Date: 03/30/2022
Proceedings: Proffer of Testimony of Jennifer Ellingsen filed.
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Date: 03/23/2022
Proceedings: Agency's Notice of Filing Weblink to Audio-Video of Oral Argument in Murciano v. State of Florida, Agency for Health Care Administration in Support of Motion for Clarification or, in the Alternative, Reconsideration filed.
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Date: 03/18/2022
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for March 25, 2022; 11:00 a.m., Eastern Time).
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Date: 03/10/2022
Proceedings: Respondent's Response in Opposition to Petitioner's Motion for Clarification or, in the Alternative, Reconsideration filed.
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Date: 03/07/2022
Proceedings: Notice of Final Hearing Transcript.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/07/2022
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 03/03/2022
Proceedings: Agency's Motion for Clarification or, in the Alternative, Reconsideration filed.
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Date: 02/09/2022
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for February 10, 16, 23 and April 13 and 27, 2022; 8:30 a.m., Eastern Time).
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Date: 01/05/2022
Proceedings: Order Canceling January 6, 2022, Hearing Date (hearing set for February 2, 10, 16 and 23, 2022; 8:30 a.m., Eastern Time).
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Date: 01/04/2022
Proceedings: Respondent's Unopposed Motion to Continue January 6, 2022 Hearing filed.
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Date: 12/16/2021
Proceedings: Notice of Filing Transcript.
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Date: 12/03/2021
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for January 6 and February 2, 10, 16, and 23, 2022; 8:30 a.m., Eastern Time).
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Date: 11/18/2021
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for December 2, 2021, January 6, February 2, 10, 16, and 23, 2022; 8:30 a.m., Eastern Time).
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Date: 11/16/2021
Proceedings: Notice of Filing Transcript.
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Date: 10/21/2021
Proceedings: Notice of Filing Transcript.
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Date: 09/28/2021
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for October 13, 14, November 3, 16, and December 2, 2021; 8:30 a.m., Eastern Time).
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Date: 09/23/2021
Proceedings: Notice of Filing Transcript.
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Date: 09/08/2021
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for September 15 and 16, October 13 and 14, and November 16, 2021; 9:00 a.m., Eastern Time).
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Date: 09/03/2021
Proceedings: Notice of Filing Transcript.
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Date: 08/11/2021
Proceedings: Order on Motions for Official Recognition.
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Date: 08/10/2021
Proceedings: Order on Petitioner's Motions for Reconsideration.
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Date: 08/09/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion to Reconsider Denial of Agency's Motion to Disqualify Allen Lenoir, M.D. as an Expert Witness filed.
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Date: 08/09/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion for Reconsideration of Denial of Agency's Request to Take a Deposition in Lieu of Live Testimony of Rebuttal Witness Sharon Dewey filed.
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Date: 08/09/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motions for Official Recognition filed.
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Date: 08/05/2021
Proceedings: Order Granting Extension of Time.
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Date: 08/04/2021
Proceedings: Respondent's Motion for Brief Extension of Time to Respond to Petitioner's Four Recently Filed Motions filed.
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Date: 07/29/2021
Proceedings: Agency's Amended Motion for Official Recognition filed.
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Date: 07/29/2021
Proceedings: Motion to Reconsider Denial of Agency's Motion to Disqualify Allen Lenoir, M.D. as an Expert Witness filed.
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Date: 07/29/2021
Proceedings: Agency's Motion for Official Recognition of Filings from Prior Cases involving Alfred Ivan Murciano, M.D. filed.
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Date: 07/28/2021
Proceedings: Motion for Reconsideration of Denial of Agency's Request to Take a Deposition in Lieu of Live Testimony of Rebuttal Witness Sharon Dewey filed.
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Date: 07/22/2021
Proceedings: Order Denying Petitioner's Motion to Take Deposition.
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Date: 07/19/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion for Leave to Take a Deposition in Lieu of Live Testimony as to Rebuttal Witness Sharon Dewey filed.
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Date: 07/13/2021
Proceedings: Agency's Motion for Leave to Take A Deposition in Lieu of Live Testimony as to Rebuttal Witness Sharon Dewey filed.
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Date: 05/24/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for August 12, 13, 17, 18, and September 15 and 16, 2021; 9:00 a.m., Eastern Time).
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Date: 05/06/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion to Avoid Sequestration of Dr. Morgan Jenkins filed.
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Date: 05/05/2021
Proceedings: Agency's Motion to Avoid Sequestration of Dr. Morgan Jenkins filed.
Date: 05/04/2021
Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
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Date: 05/03/2021
Proceedings: Order on Petitioner's Motion to Amend Witness List.
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Date: 05/03/2021
Proceedings: Order on Petitioner's Motion to Disqualify Allen Lenoir, M.D.
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Date: 05/03/2021
Proceedings: Order on Agency's Motion for Official Recognition.
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Date: 04/29/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion for Official Recognition filed.
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Date: 04/29/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion to Disqualify Allen Lenoir, M.D. as an Expert Witness on the Grounds of Bias filed.
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Date: 04/27/2021
Proceedings: Respondent's Response in Opposition to Petitioner's Motion to Amend Witness List filed.
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Date: 04/22/2021
Proceedings: Agency's Motion for Official Recognition filed.
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Date: 04/22/2021
Proceedings: Petitioner's Motion to Disqualify Allen Lenoir, M.D. as an Expert Witness on the Grounds of Bias filed.
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Date: 04/20/2021
Proceedings: Petitioner's Motion to Amend Witness List filed.
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Date: 03/15/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for May 4 through 7, 2021; 9:00 a.m., Eastern Time).
Date: 03/08/2021
Proceedings: CASE STATUS: Hearing Partially Held; continued to May 4, 2021; 9:00 a.m..
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Date: 03/08/2021
Proceedings: Joint Stipulation regarding Recipients 25, 27, and 31 filed.
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Date: 03/05/2021
Proceedings: Second Amended Joint Pre-Hearing Stipulation filed.
Date: 03/04/2021
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 03/04/2021
Proceedings: Respondent's Notice of Filing Exhibits filed.
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Date: 03/04/2021
Proceedings: Amended Joint Pre-Hearing Stipulation filed.
Date: 03/04/2021
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 03/04/2021
Proceedings: Petitioner's Notice of Filing Exhibits and Exhibit List filed.
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Date: 03/01/2021
Proceedings: Amended Notice of Hearing by Zoom Conference (hearing set for March 8 through 11, 2021; 9:00 a.m., Eastern Time).
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Date: 03/01/2021
Proceedings: Order Granting Motion to Appear Remotely at Final Hearing.
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Date: 03/01/2021
Proceedings: Respondent's Unopposed Motion for Temporary Recess of Proceedings on Thursday, March 11 filed.
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Date: 03/01/2021
Proceedings: Order Granting Extension of Time.
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Date: 02/26/2021
Proceedings: Joint Motion to Extend Deadline for Filing Joint Prehearing Stipulation filed.
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Date: 02/26/2021
Proceedings: Respondent's Unopposed Motion to Appear Remotely at Final Hearing filed.
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Date: 01/06/2021
Proceedings: Order on Motion in Limine.
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Date: 11/17/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for March 8 through 11, 2021; 9:00 a.m., Eastern Time; Tallahassee).
Date: 11/16/2020
Proceedings: CASE STATUS: Motion Hearing Held.
Date: 11/16/2020
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 11/12/2020
Proceedings: Notice of Filing Second Deposition Transcript of Morgan Jenkins, M.D. filed.
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Date: 11/12/2020
Proceedings: Notice of Filing Additional Portions of First Deposition Transcript of Morgan Jenkins, M.D. filed.
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Date: 11/12/2020
Proceedings: Respondent's Verified Motion to Continue Final Hearing filed.
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Date: 10/30/2020
Proceedings: Respondent's Motion for Leave to File Reply in Support of Its Daubert Motion to Exclude the Expert Testimony of Morgan Jenkins, M.D. with Respect to Petitioner's Coding Claims filed.
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Date: 10/21/2020
Proceedings: Agency's Response to Respondent's Daubert Motion filed.
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Date: 10/19/2020
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for November 16, 2020; 2:00 p.m., Eastern Time).
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Date: 10/09/2020
Proceedings: Order Granting Extension of Time.
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Date: 10/09/2020
Proceedings: Petitioner's Motion to Strike/Motion for Extension of Time to Respond to Respondent's Daubert Motion filed.
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Date: 10/07/2020
Proceedings: Respondent's Daubert Motion to Exclude the Expert Testimony of Morgan Jenkins, M.D. with Respect to Petitioner's Coding Claims filed.
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Date: 10/06/2020
Proceedings: Notice of Unavailability of Counsel filed.
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Date: 07/21/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for December 7 through 10, 2020; 9:00 a.m.; Tallahassee).
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Date: 06/25/2020
Proceedings: Notice of Unavailability of Counsel filed.
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Date: 06/25/2020
Proceedings: Respondent's Verified Motion to Continue Final Hearing filed.
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Date: 06/19/2020
Proceedings: Joint Status Report filed.
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Date: 05/07/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for September 8 through 11, 2020; 9:00 a.m.; Tallahassee).
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Date: 05/07/2020
Proceedings: Respondent's Unopposed Verified Motion to Continue Final Hearing filed.
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Date: 03/10/2020
Proceedings: Order Accepting Qualified Representative.
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Date: 02/25/2020
Proceedings: Respondent's Unopposed Motion for Pro Hac Vice Admission of Salvatore G. Rotella, Jr., Esq. filed.
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Date: 02/24/2020
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for June 9 through 12, 2020; 9:00 a.m.; Tallahassee).
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Date: 02/14/2020
Proceedings: Respondent's Motion to Continue Final Hearing filed.
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Date: 02/12/2020
Proceedings: Notice of Substitution of Counsel (Blake Delaney) filed.
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Date: 01/15/2020
Proceedings: Respondent's Notice of Filing Answers to Petitioner's Second Interrogatories and Expert Interrogatories filed.
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Date: 01/06/2020
Proceedings: Petitioner's Notice of Serving Objections and Responses to Respondent's Fifth Request for Production filed.
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Date: 12/19/2019
Proceedings: Petitioner's Notice of Serving Objections and Responses to Respondent's Fourth Request for Production filed.
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Date: 12/19/2019
Proceedings: Agency for Health Care Administration's Notice of Dates of Unavailability filed.
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Date: 12/16/2019
Proceedings: Petitioner's Notice of Serving Objections and Responses to Respondent's Third Request for Production filed.
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Date: 12/11/2019
Proceedings: Notice of Service of Petitioner's Second Set of Interrogatories and Expert Interrogatories to Respondent filed.
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Date: 12/05/2019
Proceedings: Respondent's Request to Produce to Petitioner filed.
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Date: 11/22/2019
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for March 10 through 13, 2020; 9:00 a.m.; Tallahassee).
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Date: 11/21/2019
Proceedings: Petitioner's Motion for Continuance filed.
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Date: 11/20/2019
Proceedings: Respondent's Request to Produce to Petitioner filed.
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Date: 11/18/2019
Proceedings: Respondent's Re-Notice of Taking Deposition filed.
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Date: 11/15/2019
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for January 27 through 29 and January 31, 2020; 9:00 a.m.; Tallahassee).
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Date: 11/14/2019
Proceedings: Respondent's Request to Produce to Petitioner filed.
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Date: 11/13/2019
Proceedings: Motion for Continuance filed.
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Date: 10/29/2019
Proceedings: Amended Notice of Taking Deposition Duces Tecum (as to location and as to telephonic appearance) filed.
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Date: 10/29/2019
Proceedings: Amended Notice of Taking Deposition (as to location and as to telephonic appearance) filed.
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Date: 10/08/2019
Proceedings: Respondent's Re-Notice of Taking Petitioner's Deposition Per Rule 1.310(b)(6) filed.
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Date: 09/25/2019
Proceedings: Respondent's Notice of Taking Deposition (Karen Kinser) filed.
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Date: 09/10/2019
Proceedings: Petitioner's Amended Notice of Serving Answers to Respondent's First [sic] Set of Interrogatories, First[sic] Request for Production and Second [sic] Request for Production filed.
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Date: 09/10/2019
Proceedings: Petitioner's Notice of Serving Ansswers to Respondent's First [sic] Set of Interrogatories, First [sic] Request for Production and Second [sic] Request for Production filed.
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Date: 08/26/2019
Proceedings: Respondent's Second Request to Produce to Petitioner filed.
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Date: 08/21/2019
Proceedings: Respondent's Notice of Taking Petitioner's Deposition per Rule 1.310(b)(6) filed.
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Date: 08/21/2019
Proceedings: Respondent's Re-Notice of Taking Depositions filed.
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Date: 08/08/2019
Proceedings: Respondent's Request to Produce to Petitioner filed.
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Date: 08/08/2019
Proceedings: Respondent's Notice of Serving Interrogatories to Petitioner filed.
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Date: 08/07/2019
Proceedings: Respondent's Amended Notice of Taking Deposition (Morgan Jenkins, M.D) filed.
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Date: 08/07/2019
Proceedings: Notice of Taking Deposition Duces Tecum filed.
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Date: 08/07/2019
Proceedings: Notice of Taking Deposition filed.
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Date: 07/22/2019
Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for December 2 through 5, 2019; 9:00 a.m.; Tallahassee, FL).
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Date: 07/19/2019
Proceedings: Joint Motion for Continuance filed.
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Date: 07/18/2019
Proceedings: Order of Pre-hearing Instructions.
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Date: 07/18/2019
Proceedings: Notice of Hearing (hearing set for October 15 through 18, 2019; 9:00 a.m.; Tallahassee, FL).
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Date: 07/16/2019
Proceedings: Joint Response to Initial Order filed.
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Date: 07/12/2019
Proceedings: Notice of Unavailability filed.
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Date: 07/12/2019
Proceedings: Notice of Unavailability of Counsel filed.
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Date: 07/09/2019
Proceedings: Order Reopening File. CASE REOPENED.
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Date: 07/09/2019
Proceedings: Initial Order.
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Date: 07/03/2019
Proceedings: Petitioner's Motion to Re-Open File and Schedule Case Management Conference filed. (FORMERLY DOAH CASE NO. 18-2699MPI)
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Date: 05/23/2018
Proceedings: Final Audit Report filed.
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Date: 05/23/2018
Proceedings: Amended Petition for Formal Administrative Hearing of Final Audit Report filed.
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Date: 05/23/2018
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
JOHN G. VAN LANINGHAM
Date Filed:
07/09/2019
Date Assignment:
07/09/2019
Last Docket Entry:
10/14/2022
Location:
Tallahassee, Florida
District:
Northern
Agency:
Agency for Health Care Administration
Suffix:
MPI
 

Counsels

Related Florida Statute(s) (7):