HOSSFELD v. American Financial Security Life Insurance Company et al
| ROBERT HOSSFELD |
| Federal Insurance Company, Health Advisors of America, Inc., National Benefit Builders, Inc., Supreme Health Group, Inc., National Congress of Employers, Inc., Michael T Smith, Med-Sense Guaranteed Association, Inc., Zachary Cox, Blake Fishman, American Financial Security Life Insurance Company and Health Insurance Innovations, Inc. |
| 0:2019cv60597 |
| March 6, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Chris M McAliley |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 60 NOTICE of Attorney Appearance by Yaniv Adar on behalf of Zachary Cox, Health Advisors of America, Inc., Michael T Smith. Attorney Yaniv Adar added to party Zachary Cox(pty:dft), Attorney Yaniv Adar added to party Health Advisors of America, Inc.(pty:dft), Attorney Yaniv Adar added to party Michael T Smith(pty:dft). (Adar, Yaniv) |
| Filing 59 Corporate Disclosure Statement by National Congress of Employers, Inc. (Mysorewala, Josef) |
| Filing 58 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by National Benefit Builders, Inc. (Mysorewala, Josef) |
| Filing 57 Joint MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM As Corrected (against any of the Defendants by Med-Sense Guaranteed Association, Inc.. Responses due by 5/15/2019 (Cunningham, Thomas) |
| Filing 56 Joint MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM (against any of the Defendants) by Med-Sense Guaranteed Association, Inc.. Responses due by 5/15/2019 (Cunningham, Thomas) |
| Filing 55 NOTICE of Attorney Appearance by Sean Martin Holas on behalf of ROBERT HOSSFELD. Attorney Sean Martin Holas added to party ROBERT HOSSFELD(pty:pla). (Holas, Sean) |
Filing 54
ORDER granting #50 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gioia E. Topazio. Signed by Magistrate Judge Chris M. McAliley on 4/23/2019. See attached document for full details. (pes)
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Filing 53
ORDER granting #51 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Charles J. Messina. Signed by Magistrate Judge Chris M. McAliley on 4/23/2019. See attached document for full details. (pes)
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| Filing 52 NOTICE of Attorney Appearance by Dariel Abrahamy on behalf of Health Insurance Innovations, Inc.. Attorney Dariel Abrahamy added to party Health Insurance Innovations, Inc.(pty:dft). (Abrahamy, Dariel) |
| Filing 51 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles J. Messina. Filing Fee $ 75.00 Receipt # 113C-11580764 by National Benefit Builders, Inc., National Congress of Employers, Inc.. Responses due by 5/7/2019 (Attachments: #1 Text of Proposed Order)(Mysorewala, Josef) |
| Filing 50 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gioia E. Topazio. Filing Fee $ 75.00 Receipt # 113C-11580707 by National Benefit Builders, Inc., National Congress of Employers, Inc.. Attorney Josef M Mysorewala added to party National Benefit Builders, Inc.(pty:dft). Responses due by 5/7/2019 (Attachments: #1 Text of Proposed Order)(Mysorewala, Josef) |
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Filing 49
ORDER granting #48 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document American Financial Security Life Insurance Company. Answer due 5/1/2019; Federal Insurance Company. Answer due 5/1/2019; Health Insurance Innovations, Inc.. Answer due 5/1/2019; Med-Sense Guaranteed Association, Inc.. Answer due 5/1/2019; National Congress of Employers, Inc.. Answer due 5/1/2019 ; granting #48 Motion for Leave to File Excess Pages. Re: #1 Complaint,,,, filed by ROBERT HOSSFELD. Signed by Magistrate Judge Chris M. McAliley on 4/23/2019. See attached document for full details. (nsy)
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| Filing 48 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, for Defendants Health Insurance Innovations, Inc., Federal Insurance Company, National Congress of Employers, Inc., American Financial Security Life Insurance Company, and Med-Sense Guaranteed Association, Joint MOTION for Leave to File Excess Pages for the Motion to Dismiss by Health Insurance Innovations, Inc.. (Attachments: #1 Text of Proposed Order)(O'Donnell, Garry) |
| Filing 47 Corporate Disclosure Statement by Federal Insurance Company identifying Corporate Parent Chubb INA Holdings, Inc, Other Affiliate Chubb Limited, Other Affiliate Chubb Group Holdings, Inc. for Federal Insurance Company (Kelly, John) |
| Filing 46 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. National Benefit Builders, Inc. served on 4/12/2019, answer due 5/3/2019. (Attachments: #1 Affidavit - National Benefit Builders)(Owens, Scott) |
| Filing 45 Corporate Disclosure Statement by Health Insurance Innovations, Inc. (O'Donnell, Garry) |
| Filing 44 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Zachary Cox served on 4/15/2019, answer due 5/6/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 43 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Michael T Smith served on 4/15/2019, answer due 5/6/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 42 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Health Advisors of America, Inc. served on 4/15/2019, answer due 5/6/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
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Filing 41
ORDER STRIKING MOTIONS TO DISMISS stricken #37 Motion to Dismiss for Failure to State a Claim; stricken #39 Motion to Dismiss for Failure to State a Claim. No later than April 26, 2019, Defendants Med-Sense and American Financial may re-file a motion to dismiss that complies with the Notice of Court Practice. Signed by Magistrate Judge Chris M. McAliley on 4/17/2019. See attached document for full details. (mee)
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| Filing 40 Corporate Disclosure Statement by Med-Sense Guaranteed Association, Inc. (Marine, Rebecca) |
| Filing 39 STRICKEN-Defendant's MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by American Financial Security Life Insurance Company. Responses due by 4/30/2019 (Peral, Stephanie)Text Modified on 4/17/2019 (mee). |
| Filing 38 Corporate Disclosure Statement by American Financial Security Life Insurance Company (Peral, Stephanie) |
| Filing 37 STRICKEN- MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by Med-Sense Guaranteed Association, Inc.. Responses due by 4/30/2019 (Cunningham, Thomas)Text Modified on 4/17/2019 (mee). |
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Filing 36
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING, granting #35 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Daniel J. Marovitch. Signed by Magistrate Judge Chris M. McAliley on 4/15/2019. See attached document for full details. (mee)
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| Filing 35 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel J. Marovitch. Filing Fee $ 75.00 Receipt # 113C-11558364 by ROBERT HOSSFELD. Responses due by 4/29/2019 (Attachments: #1 Text of Proposed Order)(Owens, Scott) |
| Filing 34 Summons Issued as to National Benefit Builders, Inc.. (cbr) |
| Filing 33 REFERRAL to Magistrate Judge Chris M. McAliley per DE 32. (vjk) |
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Filing 32
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for all Pretrial Matters. Signed by Judge Darrin P. Gayles (isc)
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| Filing 31 NOTICE of Filing Proposed Summons(es) by ROBERT HOSSFELD (Attachments: #1 Exhibit 1- Proposed Summons) (Owens, Scott) |
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Filing 30
PAPERLESS ORDER granting #29 Joint Motion for Extension of Time for Defendant National Congress of Employers, Inc. [("NCE")] to Respond to Complaint. Defendant NCE shall respond to the Complaint on or before April 25, 2019. Signed by Judge Darrin P. Gayles (isc)
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| Filing 29 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by National Congress of Employers, Inc.. Attorney Josef M Mysorewala added to party National Congress of Employers, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Mysorewala, Josef) |
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Filing 28
PAPERLESS Order Dismissing Party. Defendants Blake Fishman and Supreme Health Group, Inc., are dismissed without prejudice from this action pursuant to #27 Notice of Dismissal without Prejudice of Supreme Health Group, Inc. and Blake Fishman. Signed by Judge Darrin P. Gayles (isc)
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| Filing 27 NOTICE of Voluntary Dismissal without prejudice of Supreme Health Group Inc. and Blake Fishman by ROBERT HOSSFELD (Owens, Scott) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Supreme Health Group, Inc. served on 3/13/2019, answer due 4/3/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Blake Fishman served on 3/13/2019, answer due 4/3/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. American Financial Security Life Insurance Company served on 3/12/2019, answer due 4/16/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. National Congress of Employers, Inc. served on 3/13/2019, answer due 4/3/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Med-Sense Guaranteed Association, Inc. served on 3/12/2019, answer due 4/16/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Health Insurance Innovations, Inc. served on 3/12/2019, answer due 4/25/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ROBERT HOSSFELD. Federal Insurance Company served on 3/12/2019, answer due 4/22/2019. (Attachments: #1 Affidavit)(Owens, Scott) |
| Filing 19 NOTICE of Attorney Appearance by Stephanie Peral on behalf of American Financial Security Life Insurance Company. Attorney Stephanie Peral added to party American Financial Security Life Insurance Company(pty:dft). (Peral, Stephanie) |
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Filing 18
PAPERLESS ORDER granting #16 Joint Motion for Extension of Time for Defendant Federal Insurance Company to Respond to Complaint. Defendant Federal Insurance Company shall respond to the Complaint on or before April 22, 2019. Signed by Judge Darrin P. Gayles (isc)
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Filing 17
ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Alexander H. Burke is permitted to appear before this Court on behalf of Plaintiff Robert Hossfeld for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Burke at aburke@burkelawllc.com. Signed by Judge Darrin P. Gayles (isc)
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| Filing 16 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by Federal Insurance Company. Attorney John P. Kelly added to party Federal Insurance Company(pty:dft). (Attachments: #1 Text of Proposed Order Granting Joint Motion for Extension of Time for Defendant Federal Insurance Company to Respond to Complaint)(Kelly, John) |
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexander H. Burke. Filing Fee $ 75.00 Receipt # 113C-11523976 by ROBERT HOSSFELD. Responses due by 4/16/2019 (Attachments: #1 Text of Proposed Order)(Owens, Scott) |
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Filing 14
PAPERLESS ORDER granting #13 Joint Motion for Extension of Time for Defendant Health Insurance Innovations, Inc. to Respond to Complaint. Defendant Health Insurance Innovations shall respond to the Complaint on or before April 25, 2019. Signed by Judge Darrin P. Gayles (isc)
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| Filing 13 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by Health Insurance Innovations, Inc.. Attorney Garry William O'Donnell added to party Health Insurance Innovations, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(O'Donnell, Garry) |
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Filing 12
PAPERLESS ORDER granting #11 Defendant American Financial Security Life Insurance Company's Unopposed Motion for Extension of Time to Respond to Complaint. Defendant American Financial shall respond to the Complaint on or before April 16, 2019. Signed by Judge Darrin P. Gayles (isc)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by American Financial Security Life Insurance Company. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion)(McManus, John) |
| Filing 10 NOTICE of Attorney Appearance by John Luger McManus on behalf of American Financial Security Life Insurance Company. Attorney John Luger McManus added to party American Financial Security Life Insurance Company(pty:dft). (McManus, John) |
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Filing 9
PAPERLESS ORDER granting #8 Med-Sense Guaranteed Association's Unopposed Motion for Extension of Time to Respond to Plaintiff's Class Action Complaint. Defendant Med-Sense shall respond to the Complaint on or before April 16, 2019. Signed by Judge Darrin P. Gayles on 3/25/2019. (isc)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by Med-Sense Guaranteed Association, Inc.. (Attachments: #1 Text of Proposed Order)(Marine, Rebecca) |
| Filing 7 NOTICE of Attorney Appearance by Rebecca Katherine Marine on behalf of Med-Sense Guaranteed Association, Inc.. Attorney Rebecca Katherine Marine added to party Med-Sense Guaranteed Association, Inc.(pty:dft). (Marine, Rebecca) |
| Filing 6 NOTICE of Attorney Appearance by Michael Peter De Simone on behalf of Med-Sense Guaranteed Association, Inc.. Attorney Michael Peter De Simone added to party Med-Sense Guaranteed Association, Inc.(pty:dft). (De Simone, Michael) |
| Filing 5 NOTICE of Attorney Appearance by Thomas Justin Cunningham on behalf of Med-Sense Guaranteed Association, Inc.. Attorney Thomas Justin Cunningham added to party Med-Sense Guaranteed Association, Inc.(pty:dft). (Cunningham, Thomas) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 3/8/2019. (isc) |
| Filing 3 Summons Issued as to American Financial Security Life Insurance Company, Zachary Cox, Federal Insurance Company, Blake Fishman, Health Advisors of America, Inc., Health Insurance Innovations, Inc., Med-Sense Guaranteed Association, Inc., National Benefit Builders, Inc., National Congress of Employers, Inc., Michael T Smith, Supreme Health Group, Inc.. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) |
| Filing 1 COMPLAINT against American Financial Security Life Insurance Company, Zachary Cox, Federal Insurance Company, Blake Fishman, Health Advisors of America, Inc., Health Insurance Innovations, Inc., Med-Sense Guaranteed Association, Inc., National Benefit Builders, Inc., National Congress of Employers, Inc., Michael T Smith, Supreme Health Group, Inc.. Filing fees $ 400.00 receipt number 113C-11451866, filed by ROBERT HOSSFELD. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summon(s) | American Financial Security Life Insurance Company, #4 Summon(s) | Blake Fishman, #5 Summon(s) | Federal Insurance Company, #6 Summon(s) | Health Advisors of America, #7 Summon(s) | Health Insurance Innovations, #8 Summon(s) | Med-Sense Guaranteed Association, #9 Summon(s) | Michael T Smith, #10 Summon(s) | National Congress of Employers, #11 Summon(s) | Supreme Health Group, #12 Summon(s) | Zachary Cox)(Owens, Scott) |
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