Hiscox Dedicated Corporate Member Limited et al v. Benefytt Technologies, Inc.
| Beazley Underwriting Limited and Hiscox Dedicated Corporate Member Limited |
| Benefytt Technologies, Inc. f/k/a Health Insurance Innovations, Inc., Benefytt Technologies, Inc. and Health Insurance Innovations, Inc. |
| Gwynne A. Young |
| 8:2021cv00575 |
| March 12, 2021 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Amanda Arnold Sansone |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 24
ENDORSED ORDER directing Clerk to administratively close the case during the pendency of the stay. Signed by Judge William F. Jung on 4/30/2021. (CCB)
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| Filing 23 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: MOTION HEARING held on 4/29/2021 re #13 MOTION to Dismiss Complaint or, in the alternative, Stay This Action In Favor of a Pending State Court Action filed by Benefytt Technologies, Inc. Court Reporter: Tracey Aurelio (SAO) |
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Filing 22
ENDORSED ORDER denying #13 Motion to Dismiss, but granting the alternate Motion to Stay. The basis for this ruling was stated at conclusion of the hearing today. This ruling avoids two law suits in two jurisdictions over related insurance coverage matters. The stay may be lifted upon filing a motion for good cause shown. The Court does not anticipate this will be necessary as the instant Plaintiff has available its full remedies in the Delaware litigation, which was first filed on a related claim against others. These coverage claims on several policies involving Benefytt are arising out of a set of alleged defalcations of this health insurance benefit company. Signed by Judge William F. Jung on 4/29/2021. (Jung, William)
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| Filing 21 RESPONSE in Opposition re #13 MOTION to Dismiss Complaint filed by Beazley Underwriting Limited, Hiscox Dedicated Corporate Member Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Affidavit Declaration of Chris Moore, #6 Affidavit Declaration of George Mustes, #7 Affidavit Declaration of Matthew Burke)(Ford, Richards) |
| Filing 20 NOTICE of Appearance by Peter Bartoszek on behalf of Beazley Underwriting Limited, Hiscox Dedicated Corporate Member Limited (Bartoszek, Peter) |
| Filing 19 NOTICE of TELEPHONIC HEARING on #13 MOTION to Dismiss Complaint. Motion Hearing set for 4/29/2021 at 02:30 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0575 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re 6 Notice to Counsel of Local Rule by Benefytt Technologies, Inc. (Webb, Joshua) |
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Filing 17
ENDORSED ORDER directing the parties to select a mediator, identify selection in the case management report, and complete mediation by 1/31/2022. The Clerk shall terminate Gwynne A. Young as mediator. (See #16 Notice.) Signed by Judge William F. Jung on 4/12/2021. (CCB)
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| Filing 16 NOTICE by Gwynne A. Young re 8 Order no pdf, (Mediator's Declination of Appointment Due to Conflict) (Young, Gwynne) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Beazley Underwriting Limited, Hiscox Dedicated Corporate Member Limited. Related case(s): Yes (Ford, Richards) |
| Filing 14 NOTICE of Appearance by Dennis Parker Waggoner on behalf of Benefytt Technologies, Inc. (Waggoner, Dennis) |
| Filing 13 MOTION to Dismiss Complaint by Benefytt Technologies, Inc. (Webb, Joshua) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Benefytt Technologies, Inc. Related case(s): Yes (Webb, Joshua) |
| Filing 11 RETURN of service executed on 03/24/2021 by Hiscox Dedicated Corporate Member Limited, Beazley Underwriting Limited as to Benefytt Technologies, Inc. (Bartoszek, Peter) |
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Filing 10
ENDORSED ORDER granting #9 Motion to Appear Pro Hac Vice. Attorney Matthew M. Burke may appear pro hac vice, subject to the requirement that counsel complete the E-Filer Registration for access to CM/ECF (https://www.flmd.uscourts.gov/webforms/e-filer-registration-form) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 3/17/2021. (MLM)
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| Filing 9 MOTION for Matthew M. Burke to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-18012799 for $150 by Hiscox Dedicated Corporate Member Limited. (Attachments: #1 Exhibit Burke Certification)(Ford, Richards) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
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Filing 8
ENDORSED ORDER: The Court appoints as mediator Gwynne A. Young. The parties should note this in the case management report. Complete mediation by 1/31/22. The Clerk will add Gwynne A. Young to the case. Signed by Judge William F. Jung on 3/15/2021. (Jung, William)
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| Filing 7 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SAO) |
| Filing 6 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SAO) |
| Filing 5 SUMMONS issued as to Benefytt Technologies, Inc. (JLD) |
| Filing 4 NOTICE to counsel Matthew M. Burke Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF. (Signed by Deputy Clerk) (JLD) |
| Filing 3 CORPORATE Disclosure Statement by Beazley Underwriting Limited, Hiscox Dedicated Corporate Member Limited identifying Corporate Parent Hiscox Ltd. for Hiscox Dedicated Corporate Member Limited; Corporate Parent Beazley PLC for Beazley Underwriting Limited. (Ford, Richards) Modified on 3/15/2021 (JLD). |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-0575-WFJ-AAS. (SJB) |
| Filing 1 COMPLAINT against Benefytt Technologies, Inc. f/k/a Health Insurance Innovations, Inc. (Filing fee $ 402 receipt number 113A-17995762) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Proposed Summons)(Ford, Richards) |
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