Richardson et al v. Progressive American Insurance Company et al
| Larson Mandy, Jeremy Richardson and Mandy Larson |
| Progressive American Insurance Company, Mitchell International, Inc., JD Power & Associates, Progressive Select Insurance Company and J.D. Power & Associates |
| William South |
| 2:2018cv00715 |
| October 26, 2018 |
| US District Court for the Middle District of Florida |
| Mac R McCoy |
| John E Steele |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 18, 2022. A more recent docket listing may be available from PACER.
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Filing 136
NOTICE of supplemental authority re #98 Response in Opposition to Motion for Class Certification by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - Order in South v. Progressive)(West, Bryan)
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Filing 135
ORDER Deeming MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule #123 filed by William South Withdrawn. The Hearing for Oral Arguments on the Motion to Intervene scheduled on March 12, 2021 is hereby cancelled. Signed by Judge John E. Steele on 3/10/2021. (TLP)
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Filing 134
NOTICE of withdrawal of motion by William South re #123 MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule filed by William South (Rothburd, Craig)
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Filing 133
AMENDMENT to RESPONSE in Opposition re #123 MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule filed by Mandy Larson, Jeremy Richardson. (Waller, Jonathan)
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Filing 132
RESPONSE in Opposition re #123 MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule filed by J.D. Power & Associates, Mitchell International, Inc.. (Ercole, Brian)
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Filing 131
RESPONSE in Opposition re #123 MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule filed by Mandy Larson, Jeremy Richardson. (Waller, Jonathan)
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Filing 130
NOTICE of hearing on MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule (Doc. #123). Motion Hearing set for 3/12/2021 at 10:00 AM before Judge John E. Steele. The Court will hear ORAL ARGUMENTS ONLY. Please Note: the hearing will be conducted by VIDEO CONFERENCE. Participants will receive instructions to join the video conference separately.(MLJ)
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Filing 129
RESPONSE in Opposition re #123 MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule filed by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Appendix, #2 South ECF 1, #3 South ECF 1-1, #4 South ECF 12, #5 South ECF 13, #6 South ECF 38, #7 South ECF 41, #8 South ECF 44, #9 South ECF 69, #10 South ECF 80, #11 South ECF 87-7, #12 South ECF 114, #13 South ECF 137, #14 South ECF 143)(Cashdan, Jeffrey) Modified on 3/3/2021 to reflect counsel notified as to using complete case number(s) (MLS).
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Filing 128
ENDORSED ORDER granting #127 Plaintiffs' and Defendants J.D. Power & Associates and Mitchell International, Inc.'s Unopposed Motion for Extension of Time to Respond to Intervenor's Motion to Intervene and Transfer or, in the Alternative, to Stay Pursuant to the First-Filed Rule. Plaintiffs, Jeremy Richardson and Mandy Larson, and Defendants, J.D. Power & Associates and Mitchell International, Inc., must respond to Intervenor William South's motion to intervene (Doc. #123) no later than 2/26/2021. Signed by Magistrate Judge Mac R. McCoy on 2/19/2021. (WJF)
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Filing 127
MOTION for Extension of Time to File Response/Reply as to #123 MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule by Mandy Larson, Jeremy Richardson. (Yanchunis, John) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 126
TRANSCRIPT of Motion Hearing held on 12/18/20 before Judge John E. Steele. Court Reporter/Transcriber RICHARD S. SCIR. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/9/2021, Redacted Transcript Deadline set for 3/19/2021, Release of Transcript Restriction set for 5/17/2021. (JGT)
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Filing 125
NOTICE canceling Final Pretrial Conference hearing scheduled for 2/19/2021. (MLJ)
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Filing 124
NOTICE OF RESCHEDULING Final Pretrial Conference set for 2/19/2021 at 9:30 AM before Judge John E. Steele (previously set as an in-person conference). The Final Pretrial Conference will be conducted by VIDEO CONFERENCE. Participants will receive instructions to join the video conference separately.(MLJ)
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Filing 123
MOTION to Intervene and Transfer or, In the Alternative, to Stay Pursuant to the First Filed Rule by William South. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Jeeves, Scott)
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Sealed Document (S-122). (MLS)
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Filing 121
ORDER granting #120 Plaintiff's [sic] Motion, Pursuant to the Protective Order, to File Under Seal the Declaration of Allen Lipp. No later than 1/13/2021, Plaintiffs must send or deliver the declaration of Allen Lipp, Exhibit G, to the Clerk's Office in an envelope bearing the caption of the case and stating on the cover that the exhibit is to be filed under seal pursuant to this Order. Plaintiffs must also provide a copy of this Order with the sealed exhibit. If possible, Plaintiffs must also provide a computer disc (CD or DVD) containing the sealed exhibit in PDF file format for ease of electronic filing by the Clerk's Office. The Clerk of Court is directed to file the documents under seal upon receipt. The Clerk of Court is directed to link the sealed exhibit to the Joint Submission Regarding "Market Value Subclass" (Doc. #119) on the docket. The Clerk of Court is directed to maintain the exhibit under seal until further court order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/30/2020. (WJF)
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Filing 120
Unopposed MOTION to Seal the Declaration of Allen Lipp by Mandy Larson, Jeremy Richardson. (Yanchunis, John) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 119
NOTICE of JOINT Submission Regarding "MARKET VALUE SUBCLASS" by Mandy Larson, Jeremy Richardson re #82 MOTION to Certify Class (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Yanchunis, John)
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Filing 118
Minute Entry. Proceedings held before Judge John E. Steele: MOTION HEARING (oral arguments only) held on 12/18/2020 re #82 Motion to Certify Class. Court Reporter: Richard Scire of Naples Court Reporting (MLJ)
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Filing 117
NOTICE of hearing on #82 MOTION to Certify Class. The Court will hear ORAL ARGUMENTS ONLY. Motion Hearing set for 12/18/2020 at 10:00 AM before Judge John E. Steele. The Motion Hearing will be conducted by VIDEO CONFERENCE. Participants will receive instructions to join the video conference separately. (MLJ)
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Filing 116
NOTICE of supplemental authority re #98 Response in Opposition to Motion by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - Lundquist v. First National Order)(West, Bryan)
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Filing 115
NOTICE of supplemental authority re #98 Response in Opposition to Motion by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - Order in Curtis v. Progressive Northern Insurance Co.)(West, Bryan)
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Filing 114
OMNIBUS ORDER granting in part and denying without prejudice in part #113 The Second Joint Motion to Modify Case Management and Scheduling Order. All proceedings in this matter are stayed until such time as the presiding United States District Judge enters an order resolving Plaintiffs' Motion for Class Certification. (Doc. #82). No later than fourteen (14) days after the Court enters an order resolving Plaintiffs' Motion for Class Certification (Doc. #82), the parties must file an appropriate motion proposing new case management deadlines that take into account the posture of the case at that time. Plaintiffs' Motion to Compel Production from J.D. Power (Doc. #109), Plaintiffs' Motion to Compel Defendant J.D. Power to Produce a Proper Rule 30(b)(6) Deponent (Doc. #111), and Plaintiff's [sic] Motion, Pursuant to the Protective Order, to File under Seal Plaintiffs' Motions to Compel (Doc. #112) are DENIED AS MOOT. Plaintiffs may renew these motions, if appropriate, no later than fourteen (14) days after the Court enters an order resolving Plaintiffs' Motion for Class Certification (Doc. #82). See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/7/2020. (NM)
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Filing 113
Second Joint MOTION to Modify #102 Case management and scheduling order by All Plaintiffs. (Yanchunis, John)
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Filing 112
MOTION to Seal Pursuant to Protective Order Plaintiffs' Motions to Compel by All Plaintiffs. (McGee, Ryan) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 111
MOTION to Compel JD Power to Produce Proper Rule 30(b)(6) Deponent by All Plaintiffs. (Attachments: #1 Exhibit Exh. A NOD Doina Buzdugan, #2 Exhibit Exh. B Depo D Buzdugan to be filed under seal, #3 Exhibit Exh. C Email 12.16.19, #4 Exhibit Exh. D Email 01.08.20)(McGee, Ryan) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 109
MOTION to Compel Documents and Memorandum in Support Thereof by All Plaintiffs. (Attachments: #1 Affidavit Declaration of J Waller)(McGee, Ryan) Motions referred to Magistrate Judge Mac R. McCoy.
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Sealed Document (s-110) (MLS)
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Sealed Document (s-108). (MLS)
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Sealed Document (s-107). (MLS)
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Sealed Document (s-106). (MLS)
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Filing 105
ENDORSED ORDER granting: #91 Plaintiffs' Motion, Pursuant to the Protective Order, to File Under Seal Plaintiffs' Opposition to Defendants' Motion to Exclude Hubele Affidavit from Consideration with Plaintiffs' Motion for Class Certification; #96 Defendants Mitchell and J.D. Power's Motion to File Under Seal; and #97 Defendants Mitchell and J.D. Power's Motion to File Under Seal. The motions are unopposed and the Court finds good cause to file the items described in the motions under seal. The Court also finds that the parties have minimally satisfied M.D. Fla. R. 1.09(a) in making their respective requests. No later than 4/6/2020, the movants must separately send or deliver each of the items to be sealed to the Clerk's Office in an envelope bearing the caption of the case and stating on the cover that the documents are to be filed under seal pursuant to this Order. The movants must also provide a copy of this Order with the sealed documents and include a transmittal letter that explains to the Clerk's Office which existing filing(s) in the court file, if any, the sealed filings should be linked to. If possible, the movants must also provide a computer disc (CD or DVD) containing the sealed documents in PDF file format for ease of electronic filing by the Clerk's Office. The Clerk of Court is directed to file the documents under seal upon receipt. The Clerk of Court is directed, as appropriate, to link the sealed documents to any related filings in the public docket and to add an appropriate notation to the docket texts for both entries. The Clerk of Court is directed to maintain the documents under seal until further court order.Signed by Magistrate Judge Mac R. McCoy on 3/21/2020. (McCoy, Mac)
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Filing 104
REPLY to Response to Motion re #99 Opposition by Defendants Mitchell International, Inc. and J.D. Power to re #82 MOTION to Certify Class filed by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit A - Excerpts from Larson Deposition)(Yanchunis, John) Modified on 3/9/2020 to correct docket text (MLS).
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Filing 103
REPLY to Response to Motion re #98 Defendant Progressives' Response in Opposition to re #82 MOTION to Certify Class filed by Mandy Larson, Jeremy Richardson. (Yanchunis, John) Modified on 3/9/2020 to correct docket text (MLS).
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Filing 102
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/19/2021 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Trial term commencing 3/1/2021 in Ft. Myers Courtroom 6 A before Judge John E. Steele. Signed by Magistrate Judge Mac R. McCoy on 2/21/2020. (jmc)
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Filing 101
ORDER granting #100 Joint Motion to Modify Case Management and Scheduling Order. Notwithstanding this Order, all other deadlines in the Case Management and Scheduling Order (Doc. #39) remain the same. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 2/21/2020. (NM)
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Filing 100
Joint MOTION to Modify #39 Case management and scheduling order by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(McGee, Ryan)
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Filing 99
RESPONSE in Opposition re #82 MOTION to Certify Class filed by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A-Richardson Excerpts, #2 Exhibit B-Larson Excerpts, #3 Exhibit C-Under Seal, #4 Exhibit D-Under Seal, #5 Exhibit E-PGR Richardson 000250-258, #6 Exhibit F-Richardson00011-19, #7 Exhibit G-Under Seal, #8 Exhibit H-Under Seal, #9 Exhibit I-Under Seal, #10 Exhibit J-PGRRICHARDSON_0007353_native, #11 Exhibit K-PGRRICHARDSON_000003, #12 Exhibit L-PGRRICHARDSON_000083, #13 Exhibit M-EX 0004 Mandy Larson 011620)(Ercole, Brian)
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Filing 98
RESPONSE in Opposition re #82 MOTION to Certify Class filed by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Appendix To Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M - Redacted, #15 Exhibit N, #16 Exhibit O - Sealed, #17 Exhibit P - Redacted, #18 Exhibit Q - Redacted, #19 Exhibit R - Sealed, #20 Exhibit S - Sealed)(Cashdan, Jeffrey)
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Filing 97
MOTION for leave to file under seal Certain Documents and Deposition Testimony In Connection with Plaintiffs' Motion for Class Certification by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A)(Ercole, Brian)
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Filing 96
Unopposed MOTION for leave to file under seal Deposition Testimony and Exhibits Referenced in Their Opposition to Class Certification by Progressive American Insurance Company, Progressive Select Insurance Company. (Brigman, James)
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Filing 95
ENDORSED ORDER granting #94 Defendants' Consent Motion for Leave to File 35-Page Response to Plaintiffs' Motion for Class Certification. Defendants may file a response to Plaintiffs' Motion (Doc. #82) not exceeding thirty-five pages. Signed by Magistrate Judge Mac R. McCoy on 2/6/2020. (NM)
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Filing 94
Consent MOTION for Leave to File Excess Pages to File 35-Page Responses to Plaintiffs' Motion for Class Certification by J.D. Power & Associates, Mitchell International, Inc., Progressive American Insurance Company, Progressive Select Insurance Company. (Brigman, James)
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Filing 93
ENDORSED ORDER granting #92 Motion for Leave to Withdraw as Counsel. Attorney Jonathan B. Cohen has no further responsibility in this case. The Clerk of Court is directed to terminate Jonathan B. Cohen as counsel of record in this case and to remove Jonathan B. Cohen from the electronic service list in CM/ECF for this case. Signed by Magistrate Judge Mac R. McCoy on 1/24/2020. (McCoy, Mac)
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Filing 92
MOTION for Jonathan B. Cohen to withdraw as attorney by Jeremy Richardson. (Cohen, Jonathan) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 91
MOTION for leave to file under seal Plaintiffs' Response in Opposition to Defendants' Motion to Exclude by Mandy Larson, Jeremy Richardson. (Yanchunis, John)
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Filing 90
RESPONSE in Opposition re #89 MOTION to Strike Hubele Affidavit From Consideration In Connection With Plaintiffs' Motion For Class Certification [REDACTED VERSION] filed by Mandy Larson, Jeremy Richardson. (Yanchunis, John)
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Filing 89
MOTION to Strike Hubele Affidavit From Consideration In Connection With Plaintiffs' Motion For Class Certification by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A- Hamon Stipulated Protective Order, #2 Exhibit B- Plt Mtn to Compel Mitchell to Produce Docs Design Rep (Redacted), #3 Exhibit C-12.15.19 Email from J. Waller to S. Schutte)(Ercole, Brian)
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Filing 88
Case Reassigned to Judge John E. Steele. New case number: 2:18-cv-715-FtM-29MRM. Unassigned Judge no longer assigned to the case. The Magistrate Judge assignment remains unchanged. (SMS)
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Sealed Document (s-87). (MLS)
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Filing 86
ORDER granting #79 Defendant Mitchell's Motion to File Under Seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2019. (McCoy, Mac)
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Filing 85
ORDER granting #78 Defendant J.D. Power's Motion to File Under Seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2019. (McCoy, Mac)
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Filing 84
ORDER granting #77 Defendant Mitchell's Motion to File Under Seal on Behalf of Manheim. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2019. (McCoy, Mac)
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Filing 83
ORDER granting #76 The Progressive Defendants' Consent Motion to Seal Confidential Deposition Testimony and Exhibits Referenced in Plaintiffs' Motion for Class Certification. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/16/2019. (McCoy, Mac)
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Filing 82
MOTION to Certify Class by Mandy Larson, Jeremy Richardson. (Attachments:#24 MOTION and Memorandum, #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal, #4 Exhibit D - Filed Under Seal, #5 Exhibit E - Filed Under Seal, #6 Exhibit F -Progressive Policies, #7 Exhibit G - Filed Under Seal, #8 Exhibit H - Filed Under Seal, #9 Exhibit I - Filed Under Seal, #10 Exhibit J - Filed Under Seal, #11 Exhibit K - Filed Under Seal, #12 Exhibit L - Filed Under Seal, #13 Exhibit M - Filed Under Seal, #14 Exhibit N - Filed Under Seal, #15 Exhibit O - Filed Under Seal, #16 Exhibit P - Filed Under Seal, #17 Exhibit Q - Filed Under Seal, #18 Exhibit R - Filed Under Seal, #19 Exhibit S - Filed Under Seal, #20 Exhibit T - Filed Under Seal, #21 Exhibit U - Gardner v. Allstate, #22 Exhibit V - Johnson v. Farmers Insurance, #23 Exhibit W - Firm Bios)(Yanchunis, John) Modified on 12/19/19 as to Main Document replaced with redacted Motion. (mls)
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Filing 81
ENDORSED ORDER granting #80 Plaintiffs' Unopposed Motion for Leave to Exceed Page Limit. Plaintiffs' motion for class certification may not exceed 40 pages in length. Signed by Magistrate Judge Mac R. McCoy on 12/16/2019. (McCoy, Mac)
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Filing 80
Unopposed MOTION for Leave to File Excess Pages by Mandy Larson, Jeremy Richardson. (Yanchunis, John)
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Filing 79
MOTION for leave to file under seal by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A-2019.12.10 Email from J. Waller, #2 Exhibit B-Riedesel Dep Designations, #3 Exhibit C-2019.12.11-Email From J. Waller, #4 Exhibit D-Riedesel Exhibit Designations, #5 Exhibit E-Retton Designations)(Ercole, Brian)
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Filing 78
MOTION for leave to file under seal by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A-2019.12.06 Email from J. Waller, #2 Exhibit B-Buzdugan Designations, #3 Exhibit C-2019.12.05 Email from J. Waller, #4 Exhibit D-Bogus Designations)(Ercole, Brian)
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Filing 77
MOTION for leave to file under seal on behalf of Manheim by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A - Email from J. Waller, #2 Exhibit B - Knagg Designations)(Ercole, Brian)
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Filing 76
Consent MOTION for leave to file under seal Confidential Deposition Testimony and Exhibits Referenced in Plaintiffs' Motion for Class Certification by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - December 4, 2019 Email)(McEntyre, Zachary)
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Filing 75
ENDORSED ORDER granting #74 Plaintiff's Unopposed Motion for Extension of Time to File Motion for Class Certification and Memorandum of Law. On or before 12/16/2019, Plaintiffs must file their motion for class certification. Defendants must respond to Plaintiffs' motion for class certification on or before 2/7/2020. Plaintiffs may file a reply to Defendants' response on or before 3/6/2020. Signed by Magistrate Judge Mac R. McCoy on 10/30/2019. (NM)
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Filing 74
Unopposed MOTION for Extension of Time to File Motion for Class Certification and Memorandum of Law by Mandy Larson, Jeremy Richardson. (Yanchunis, John)
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Filing 73
NOTICE of Appearance by Ryan Joseph McGee on behalf of Mandy Larson, Jeremy Richardson (McGee, Ryan)
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Filing 72
STIPULATION regarding Confidential Information of Non-Party Manheim approved and entered per 71 Order on Motion for Miscellaneous Relief. (MLS)
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Filing 71
ENDORSED ORDER granting #70 Joint Motion for Entry of Stipulation Regarding Confidential Information of Non-Party Manheim. The stipulation (Doc. [70-1]) is hereby approved and entered. The Clerk of Court is directed to file the stipulation (Doc. [70-1]) as a separate docket entry. The Clerk of Court is directed to indicate in the docket text that the stipulation is approved and entered by this Endorsed Order. Signed by Magistrate Judge Mac R. McCoy on 8/13/2019. (McCoy, Mac)
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Filing 70
Joint MOTION for miscellaneous relief, specifically For Entry of Stipulation Regarding Confidential Information of Non-Party Manheim by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit A- Manheim Stipulation)(Yanchunis, John)
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***PRO HAC VICE FEES paid by attorney Joshua H. Watson, appearing on behalf of Mandy Larson, Jeremy Richardson (Filing fee $150 receipt number FTM013964.) Related document: #67 MOTION for Joshua Watson to appear pro hac vice. (SPB)
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***PRO HAC VICE FEES paid by attorney Clayeo C. Arnold, appearing on behalf of Mandy Larson, Jeremy Richardson (Filing fee $150 receipt number FTM013963.) Related document: #66 MOTION for Clayeo C. Arnold to appear pro hac vice. (SPB)
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Filing 69
ORDER granting #67 Motion for Admission of Joshua Watson to Practice Pro Hac Vice, Designation of Local Counsel, and Consent to Act. The Clerk is directed to add Joshua Watson to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Joshua Watson must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Joshua Watson must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/1/2019. (McCoy, Mac)
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Filing 68
ORDER granting #66 Motion for Admission of Clayeo C. Arnold to Practice Pro Hac Vice, Designation of Local Counsel, and Consent to Act. The Clerk is directed to add Clayeo C. Arnold to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Clayeo C. Arnold must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Clayeo C. Arnold must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/1/2019. (McCoy, Mac)
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Filing 67
MOTION for Joshua Watson to appear pro hac vice by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit Certificate of Good Standing_Joshua Watson)(Yanchunis, John) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 66
MOTION for Clayeo C. Arnold to appear pro hac vice by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit Certificate of Good Standing_Clayeo Arnold)(Yanchunis, John) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 65
ORDER granting #62 Joint Motion for Entry of Stipulated Confidentiality Order. Signed by Magistrate Judge Mac R. McCoy on 7/29/2019. (McCoy, Mac)
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Filing 64
ORDER granting #61 Joint Motion for Entry of Stipulated Order Governing Electronically Stored Information. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 7/29/2019. (McCoy, Mac).
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Filing 63
TEXT ORDER requiring the parties to submit immediately their [61-1] Proposed Stipulated Order Governing Discovery of Electronically Stored Information and [62-1] Proposed Stipulated Confidentiality Order to the Undersigned for consideration in native Microsoft Word (.docx) file format via email to chambers_flmd_mccoy@flmd.uscourts.gov. Signed by Magistrate Judge Mac R. McCoy on 7/29/2019. (McCoy, Mac)
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Filing 62
Joint MOTION for miscellaneous relief, specifically for Entry of Stipulated Confidentiality Order by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - [Proposed] Stipulated Confidentiality Order)(Cashdan, Jeffrey)
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Filing 61
Joint MOTION for miscellaneous relief, specifically for Entry of Stipulated Order Governing Electronically Stored Information by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - [Proposed] Stipulated Order Governing Electronically Stored Information)(Cashdan, Jeffrey)
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Filing 60
RESPONSE TO ORDER TO SHOW CAUSE re #57 Order to show cause filed by J.D. Power & Associates, Mitchell International, Inc.. (Ercole, Brian)
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Filing 59
J.D. Power's ANSWER and affirmative defenses to #26 Complaint with Jury Demand by J.D. Power & Associates.(Ercole, Brian)
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Filing 58
Mitchell International, Inc.'s ANSWER and affirmative defenses to #26 Complaint with Jury Demand by Mitchell International, Inc..(Ercole, Brian)
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Filing 57
ORDER to show cause why a default should not be entered as to J.D. Power & Associates, Mitchell International, Inc. Show Cause Response due by 6/27/2019. Signed by Judge John E. Steele on 6/20/2019. (RKR)
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Filing 56
ANSWER and affirmative defenses to #26 Complaint with Jury Demand by Progressive American Insurance Company, Progressive Select Insurance Company.(Cashdan, Jeffrey)
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Filing 55
OPINION AND ORDER granting in part and denying in part #29 Progressive Defendants' Motion to Dismiss; denying #30 Mitchell International, Inc. and J.D. Power's Motion to Dismiss Counts III, IV, and V. See Opinion and Order for further details. Signed by Judge John E. Steele on 5/29/2019. (BLW)
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Filing 54
REPLY to Response to Motion re #30 MOTION to Dismiss Counts III, IV and V filed by J.D. Power & Associates, Mitchell International, Inc.. (Ercole, Brian)
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Filing 53
REPLY to Response to Motion re #29 MOTION to Dismiss The Class Action Complaint filed by Progressive American Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey)
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Filing 52
RESPONSE in Opposition re #30 MOTION to Dismiss Counts III, IV and V filed by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit A - Richardson WCTL Report, #2 Exhibit B - Larson WCTL Report)(Cohen, Jonathan) Modified on 4/2/2019 as to docket text(MLS).
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Filing 51
RESPONSE in Opposition re #29 MOTION to Dismiss The Class Action Complaint filed by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit A - Richardson WCTL Report, #2 Exhibit B - Larson WCTL Report)(Cohen, Jonathan) Modified on 4/2/2019 as to docket text(MLS).
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Filing 50
ORDER to strike re #41, #42 Plaintiffs' Responses in Opposition to Defendants' Motions to Dismiss for failure to comply with Local Rule 3.01(b). The Clerk is directed to make a notation on the docket that they are stricken. Plaintiffs may file amended responses in accordance with the Local Rules within FOURTEEN (14) DAYS of this Order. Defendants may file amended replies within seven (7) days of the filing of the amended responses, if appropriate. Signed by Judge John E. Steele on 3/19/2019. (BLW)
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Filing 49
REPLY to Response to Motion re #30 MOTION to Dismiss Counts III, IV and V filed by J.D. Power & Associates, Mitchell International, Inc.. (Ercole, Brian)
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Filing 48
ENDORSED ORDER granting #46 Motion for Leave to File Reply. On or before February 26, 2019, Defendants Mitchell International, Inc. and J.D. Power & Associates may file a Reply to Plaintiff's Response to Defendants Motion to Dismiss that does not exceed 5 pages in length. Signed by Magistrate Judge Mac R. McCoy on 2/20/2019. (brh)
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Filing 47
REPLY to Response to Motion re #29 MOTION to Dismiss The Class Action Complaint filed by Progressive American Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey)
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Filing 46
MOTION for leave to file Reply in support of re #30 Motion to Dismiss by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Text of Proposed Order)(Ercole, Brian) Modified on 2/20/2019 as to docket text(MLS).
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Filing 45
AMENDED Certificate of Interested Persons re #24 Certificate of interested persons and corporate disclosure statement by J.D. Power & Associates, Mitchell International, Inc.. . (Ercole, Brian) Modified on 2/11/2019 as to docket text(MLS).
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Filing 44
ENDORSED ORDER granting #43 Motion for Leave to File Reply. On or before February 19, 2019, Progressive American Insurance Company and Progressive Select Insurance Company have leave to file a reply that does not exceed 5 pages in length. Signed by Magistrate Judge Mac R. McCoy on 2/8/2019. (brh)
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Filing 43
MOTION for leave to file Reply Brief in Support of #29 Motion to Dismiss the Class Action Complaint by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Text of Proposed Order)(Cashdan, Jeffrey)
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Filing 42
RESPONSE in Opposition re #29 MOTION to Dismiss The Class Action Complaint filed by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit Exhibit A- Richardson Report, #2 Exhibit Exhibit B - Larson Report)(Cohen, Jonathan) STRICKEN per #50 Order. Modified on 3/19/2019 (MLS).
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Filing 41
RESPONSE in Opposition re #30 MOTION to Dismiss Counts III, IV and V filed by Mandy Larson, Jeremy Richardson. (Attachments: #1 Exhibit Exhibit A - Richardson Report, #2 Exhibit Exhibit B - Larson Report, #3 Exhibit Exhibit C - Mitchell Press Release)(Cohen, Jonathan) STRICKEN per #50 Order. Modified on 3/19/2019 (MLS).
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Filing 40
ENDORSED ORDER granting #38 Unopposed Motion for Leave to Exceed Page Limit. Plaintiffs may file responses to to the pending Motions to Dismiss that do not exceed 25 pages each. Signed by Magistrate Judge Mac R. McCoy on 1/30/2019. (brh)
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Filing 39
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 4/3/2020, Dispositive motions due by 4/23/2020, Final Pretrial Conference set for 8/21/2020 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial set for trial term 9/1/2020 before Judge John E. Steele, Conduct mediation hearing by 3/27/2020. Lead counsel to coordinate dates. Signed by Judge John E. Steele on 1/30/2019. (DH)
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Filing 38
Unopposed MOTION for Leave to File Excess Pages by Mandy Larson, Jeremy Richardson. (Yanchunis, John)
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Filing 37
ORDER denying request to re-track the case re #36 Amended Case Management Report. Signed by Judge John E. Steele on 1/29/2019. (RKR)
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Filing 36
AMENDED Case Management Report. (Cohen, Jonathan) Modified on 1/28/2019 as to docket text(MLS).
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Filing 35
ORDER to strike re: #28 Case Management Report. The parties shall confer for the filing of an Amended Case Management Report within 14 days of this Order that comports with the Court's recommendations on the form. Signed by Judge John E. Steele on 1/14/2019. (RKR)
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Filing 34
ORDER granting #33 Motion for Admission of Jonathan H. Waller to Practice Pro Hac Vice. Unless already completed, within 14 days, Attorney Jonathan H. Waller shall send the required fee to the Clerk's Office. Unless already completed, within 14 days, Counsel shall complete and submit the E-Filer Registration Form for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 12/26/2018. (brh)
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Filing 33
MOTION for Jonathan H. Waller to appear pro hac vice by All Plaintiffs. (Yanchunis, John) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 32
ENDORSED ORDER granting #31 Unopposed Motion for Enlargement of Time to Respond to Defendants' Motions to Dismiss. Plaintiffs shall have up to and including February 4, 2019 in which to file responses. Signed by Magistrate Judge Mac R. McCoy on 12/20/2018. (brh)
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Filing 31
Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss Counts III, IV and V , #29 MOTION to Dismiss The Class Action Complaint by Mandy Larson, Jeremy Richardson. (Cohen, Jonathan)
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Filing 30
MOTION to Dismiss Counts III, IV and V by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit A)(Ercole, Brian)
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Filing 29
MOTION to Dismiss The Class Action Complaint by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit 1 - Jeremy Richardson Insurance Policy, #2 Exhibit 2 - Mandy Larson Insurance Policy)(Cashdan, Jeffrey)
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Filing 28
CASE MANAGEMENT REPORT. (Cohen, Jonathan)
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Filing 27
NOTICE of compliance with Fee and Electronic Filing Requirements Under Local Rule 2.02 by Progressive American Insurance Company, Progressive Select Insurance Company (Bassel Frick, Irene)
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***PRO HAC VICE FEES paid by attorney Jonathan H Waller, appearing on behalf of Jeremy Richardson and Mandy Larson (Filing fee $150 receipt number FtM013295.). (MLS)
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Filing 25
NOTICE of pendency of related cases re #6 Related case order and Track 2 notice per Local Rule 1.04(d) by J.D. Power & Associates, Mitchell International, Inc.. Related case(s): YES (Ercole, Brian) Modified on 11/30/2018 as to docket text (MLS).
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Filing 24
CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by J.D. Power & Associates, Mitchell International, Inc. identifying Corporate Parent JEFFERSON HOLDCO, INC. for J.D. Power & Associates; Corporate Parent MOONLIGHT PARENT, INC. for Mitchell International, Inc... (Ercole, Brian)
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***PRO HAC VICE FEES paid by attorney Jeffrey Cashdan, appearing on behalf of Progressive American Insurance Company, Progressive Select Insurance Company (Filing fee $150 receipt number FtM013241.). (MLS)
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***PRO HAC VICE FEES paid by attorney Julia Barrett, appearing on behalf of Progressive American Insurance Company, Progressive Select Insurance Company (Filing fee $150 receipt number FtM013242.). (MLS)
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***PRO HAC VICE FEES paid by attorney James Brigman, appearing on behalf of Progressive American Insurance Company, Progressive Select Insurance Company (Filing fee $150 receipt number FtM013240.). (MLS)
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***PRO HAC VICE FEES paid by attorney Z.A. McEntyre, appearing on behalf of Progressive American Insurance Company, Progressive Select Insurance Company (Filing fee $150 receipt number FtM013243.). (MLS)
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Filing 23
ENDORSED ORDER granting #22 Agreed Motion to Confer Telephonically to Prepare Case Management Report. Signed by Magistrate Judge Mac R. McCoy on 11/29/2018. (brh)
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Filing 22
MOTION to Appear Telephonically to Prepare Case Management Report by Progressive American Insurance Company, Progressive Select Insurance Company. (Brigman, James) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 21
CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Mandy Larson, Jeremy Richardson identifying Corporate Parent Progressive American Insurance Company, Corporate Parent Progressive Select Insurance Company, Corporate Parent J.D. Power & Associates, Corporate Parent Mitchell International, Inc. for Jeremy Richardson, Mandy Larson.. (Yanchunis, John)
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Filing 20
NOTICE of pendency of related cases re #6 Related case order and Track 2 notice per Local Rule 1.04(d) by Mandy Larson, Jeremy Richardson. Related case(s): Yes (Yanchunis, John) Modified on 11/28/2018 as to docket text (MLS).
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***PRO HAC VICE FEES paid by attorney Scott T Schutte, appearing on behalf of J.D. Power & Associates, Mitchell International, Inc. (Filing fee $150 receipt number FtM013217.). (MLS)
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Filing 19
ORDER granting #18 Motion for Scott T. Schutte to Appear Pro Hac Vice. The Clerk of Court is directed to add Scott T. Schutte to the service list. Unless already completed, within 14 days, Attorney Scott T. Schutte shall send the required fee to the Clerk's Office, and shall complete and submit the E-Filer Registration Form for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 11/26/2018. (brh)
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Filing 18
MOTION for Scott T. Schutte to appear pro hac vice by J.D. Power & Associates, Mitchell International, Inc.. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Ercole, Brian) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 17
ORDER granting #13 Unopposed Motion to Admit Pro Hac Vice Zachary A. McEntyre, Esq.; granting #14 Unopposed Motion to Admit Pro Hac Vice Julia C. Barrett, Esq.; granting #15 Unopposed Motion to Admit Pro Hac Vice James Matthew Brigman, Esq.; and granting #16 Unopposed Motion to Admit Pro Hac Vice Jeffrey S. Cashdan, Esq. The Clerk of Court is directed to add Zachary A. McEntyre, Julia C. Barrett, James Matthew Brigman, and Jeffrey S. Cashdan to the service list. Unless already completed, within 14 days, each Counsel shall send the required fee to the Clerk's Office, and complete and submit the E-Filer Registration Form for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 11/26/2018. (brh)
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Filing 16
Unopposed MOTION for Jeffrey S. Cashdan to appear pro hac vice by Progressive American Insurance Company, Progressive Select Insurance Company. (Bassel Frick, Irene) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 15
Unopposed MOTION for James Matthew Brigman to appear pro hac vice by Progressive American Insurance Company, Progressive Select Insurance Company. (Bassel Frick, Irene) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 14
Unopposed MOTION for Julia C. Barrett to appear pro hac vice by Progressive American Insurance Company, Progressive Select Insurance Company. (Bassel Frick, Irene) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 13
Unopposed MOTION for Zachary A. McEntyre to appear pro hac vice by Progressive American Insurance Company, Progressive Select Insurance Company. (Bassel Frick, Irene) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 12
NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Progressive American Insurance Company, Progressive Select Insurance Company. Related case(s): y (West, Bryan)
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Filing 11
CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Progressive American Insurance Company, Progressive Select Insurance Company. (West, Bryan)
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Filing 10
ENDORSED ORDER granting #9 Unopposed Motion for Extension of Time to Respond to Class Action Complaint. Defendants shall have up to and including December 19, 2018, in which to file a response to the Class Action Complaint. Signed by Magistrate Judge Mac R. McCoy on 11/19/2018. (brh)
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Filing 9
Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal (Extension for All Defendants as to Response to Class Action Complaint (ECF No. 1-1)) by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A)(West, Bryan)
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Filing 8
NOTICE of Appearance by Brian Michael Ercole on behalf of J.D. Power & Associates, Mitchell International, Inc. (Ercole, Brian)
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Filing 7
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/21/2018. Signed by All Divisional Judges on 11/7/2018. (WRW)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/21/2018. Signed by Judge John E. Steele on 11/7/2018. (WRW)
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Filing 5
ENDORSED ORDER granting #4 Unopposed Motion for Extension of Time to Respond to Class Action Complaint. Progressive American Insurance Company and Progressive Select Insurance Company shall up to and including November 21, 2018, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 10/31/2018. (brh)
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Filing 4
Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal (Motion for Extension of Time to Respond to Class Action Complaint) by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A)(West, Bryan)
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Filing 3
STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/29/2018. (MLS)
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Filing 26
COMPLAINT (State) against J.D. Power & Associates, Mitchell International, Inc., Progressive American Insurance Company, Progressive Select Insurance Company with Jury Demand filed by Jeremy Richardson, Mandy Larson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MLS)
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Filing 2
NEW CASE ASSIGNED to Judge Unassigned Judge and Magistrate Judge Mac R. McCoy. New case number: 2:18-cv-715-FtM-99MRM. (NAS)
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Filing 1
NOTICE OF REMOVAL from Charlotte County Circuit Court, case number 18000943CA filed in State Court on September 24, 2018. Filing fee $ 400, receipt number 113A-14760731 filed by Progressive Select Insurance Company, Progressive American Insurance Company. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-State Court Documents #3 Exhibit 3-Declaration of Michael Silver, #4 Exhibit 4, #5 Civil Cover Sheet)(West, Bryan) Modified on 10/29/2018 as to docket text(MLS).
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