Edwards v. Seterus, Inc. et al
| Evrol Edwards, Angel Robbio, Miriam Torres, Zelia Couto and Janet Stubbs |
| Seterus, Inc., IBM Lender Business Process Services, Inc., QBE Specialty Insurance Company, Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc. and Estate of Adele Levine |
| 1:2015cv23107 |
| August 19, 2015 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Darrin P Gayles |
| William C Turnoff |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| Both |
Docket Report
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| Filing 109 TRANSCRIPT of the Motion Hearing held on 04/14/17, before Judge Darrin P. Gayles, 1-9 pages, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/8/2018. (smn) |
| Filing 108 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Final Approval Hearing held on 4/14/2017. Attorneys for both sides present. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (ssd) |
| Filing 107 FINAL JUDGMENT Signed by Judge Darrin P. Gayles on 4/14/2017. (lan) |
Filing 106
ORDER GRANTING FINAL APPROVAL TO CLASS ACTION SETTLEMENT granting #94 Motion for Settlement; granting #94 Motion for Attorney Fees. Signed by Judge Darrin P. Gayles on 4/14/2017. (lan)
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Filing 105
ENDORSED ORDER denying #96 Motion to Compel. The movants' discovery request is too broad and is not proportional to their needs. Signed by Judge Darrin P. Gayles (DPG)
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Filing 104
ENDORSED ORDER granting in part and denying in part #95 Motion. The motion to be removed from the class is granted. The motion is otherwise denied. Notice of all court proceedings have been provided to all class members. Signed by Judge Darrin P. Gayles (DPG)
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| Filing 103 Statement by Barbara J. Thomas, Williams J. Thomas re #96 MOTION to Compel Discovery (lan) |
| Filing 102 Notice of Adoption by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc. Related document: #101 Response/Reply (Other) filed by Janet Stubbs, Miriam Torres, Zelia Couto, Evrol Edwards, Angel Robbio. Attorney Allen Paige Pegg added to party Praetorian Insurance Company(pty:dft), Attorney Allen Paige Pegg added to party QBE FIRST Insurance Agency, Inc.(pty:dft), Attorney Allen Paige Pegg added to party QBE Specialty Insurance Company(pty:dft). (Pegg, Allen) |
| Filing 101 RESPONSE - Class Counsel's Response in Opposition to Motion to Intervene by Zelia Couto, Evrol Edwards, Angel Robbio, Janet Stubbs, Miriam Torres. (Attachments: #1 Exhibit A)(Moskowitz, Adam) |
| Filing 100 NOTICE by Zelia Couto, Evrol Edwards, Janet Stubbs re #94 Plaintiff's MOTION for Settlement for Final Approval of Class Action Settlement, Application for Service Awards MOTION for Attorney Fees Class Counsel's Application for Attorneys' Fees and Expenses, and Incorporated Memorandum of Law . Attorney Howard Mitchell Bushman added to party Zelia Couto(pty:pla), Attorney Howard Mitchell Bushman added to party Janet Stubbs(pty:pla). (Attachments: #1 Exhibit A) (Bushman, Howard) |
| Filing 99 NOTICE by Zelia Couto, Evrol Edwards, Angel Robbio, Janet Stubbs, Miriam Torres re #97 Response/Reply (Other), #91 Response/Reply (Other) PLAINTIFFS' NOTICE REGARDING WITHDRAWAL OF ALL OBJECTIONS TO CLASS ACTION SETTLEMENT. Attorney Lance August Harke added to party Zelia Couto(pty:pla), Attorney Lance August Harke added to party Janet Stubbs(pty:pla). (Harke, Lance) |
| Filing 98 RESPONSE in Opposition re #96 MOTION to Compel Discovery filed by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc.. Replies due by 4/5/2017. (Toth, Brian) |
| Filing 97 Objection to Settlement Agreement by Catherine S. Strong. (lan) |
| Filing 96 MOTION to Compel Discovery by Barbara J. Thomas, Williams J. Thomas. Responses due by 3/28/2017 (pes) |
| Filing 95 MOTION to Appear Pro Se, to be Removed from Class, and to Have Access to CM/ECF with Request to Electronically Receive Notices by Williams J. Thomas, Barbara J. Thomas. (pes) |
| Filing 94 Plaintiff's MOTION for Settlement for Final Approval of Class Action Settlement, Application for Service Awards, MOTION for Attorney Fees Class Counsel's Application for Attorneys' Fees and Expenses, and Incorporated Memorandum of Law by Zelia Couto, Evrol Edwards, Angel Robbio, Janet Stubbs, Miriam Torres. Responses due by 3/14/2017 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Moskowitz, Adam) |
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Filing 93
ENDORSED ORDER granting #92 Absent Class Member the Estate of Adele Levine's Motion to Be Excluded from Settlement Class. The Court finds that the request to be excluded from the Settlement Class was timely filed. The Estate of Adele Levine is not a member of the Settlement Class. Signed by Judge Darrin P. Gayles (ssd)
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| Filing 92 MOTION For Exclusion from Settlement Class by Estate of Adele Levine. Attorney Jeffrey N. Golant added to party Estate of Adele Levine(pty:dft), Attorney Jeffrey N. Golant added to party Estate of Adele Levine(pty:mov). (Golant, Jeffrey) |
| Filing 91 Objection to Settlement Agreement by Caprisha S. Greene. (lan) |
| Filing 90 NOTICE by Seterus, Inc. Notice of Filing Declaration of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice (Attachments: #1 Affidavit Declaration of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice) (Pegg, Allen) |
| Filing 89 NOTICE by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company of Filing Declaration of Stephanie J. Fiereck, Esq., on Implementation of CAFA Notice (Attachments: #1 Declaration) (Toth, Brian) |
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Filing 88
ORDER granting #86 Motion for Settlement. Final Approval Hearing set for 4/14/2017 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 11/4/2016. (ssd)
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Filing 87
ENDORSED ORDER denying as moot #83 Motion to Stay. Signed by Judge Darrin P. Gayles (ssd)
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| Filing 86 Plaintiff's MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement and for Certification of the Settlement Class by Zelia Couto, Evrol Edwards, Janet Stubbs. Responses due by 11/10/2016 (Attachments: #1 Exhibit A)(Moskowitz, Adam) |
| Filing 85 STIPULATION to Allow Filing of THIRD AMENDED CLASS ACTION COMPLAINT by Zelia Couto, Evrol Edwards, Janet Stubbs (Attachments: #1 Exhibit A)(Neary, Robert) |
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Filing 84
ORDER ON NOTICE OF SETTLEMENT. Signed by Judge Darrin P. Gayles on 9/26/2016. (zvr)
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| Filing 83 Joint MOTION to Stay Proceedings Pending Settlement Approval by Zelia Couto, Evrol Edwards, Janet Stubbs. Responses due by 10/3/2016 (Attachments: #1 Text of Proposed Order)(Sullivan, Rachel) |
| Filing 82 NOTICE of Attorney Appearance by Joseph Gurian on behalf of Janet Stubbs. Attorney Joseph Gurian added to party Janet Stubbs(pty:pla). (Gurian, Joseph) |
| Filing 81 STATUS REPORT - JOINT STATUS REPORT by Zelia Couto, Evrol Edwards, Janet Stubbs (Neary, Robert) |
| Filing 80 STATUS REPORT - JOINT STATUS REPORT by Zelia Couto, Evrol Edwards, Janet Stubbs (Neary, Robert) |
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Filing 79
ENDORSED ORDER granting #78 Joint Motion to Stay. The parties shall file a status report on the docket by 6/13/2016. This case shall be closed administratively during the pendency of the stay, but any party may move to reopen in the event of an impasse. Signed by Judge Darrin P. Gayles on 5/12/2016. (zvr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 78 Joint MOTION to Stay Pending Settlement Discussions by Seterus, Inc.. Responses due by 5/31/2016 (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 77 RESPONSE/REPLY to #76 Notice of Supplemental Authority, #71 Notice of Supplemental Authority - Request for Hearing re Supplemental Authority by Zelia Couto, Evrol Edwards, Janet Stubbs. (Moskowitz, Adam) |
| Filing 76 Notice of Supplemental Authority re #64 Defendant's MOTION TO DISMISS #55 Amended Complaint, #58 Notice (Other), FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint, #58 Notice (Other), AND INCORPORATED MEMORANDUM OF LAW by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company (Attachments: #1 Exhibit A) (Toth, Brian) |
| Filing 75 NOTICE of Change of Address by Archie Cleveland Lamb, Jr (Lamb, Archie) |
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Filing 74
ENDORSED ORDER granting #72 Plaintiffs' Motion to File Under Seal Their Motion for Class Certification and Exhibits Attached Thereto. The Plaintiffs' motion and attached exhibits shall remain under seal until further order of this Court. Signed by Judge Darrin P. Gayles on 4/18/2016. (zvr)
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| Filing 72 Plaintiff's MOTION Motion to File Under Seal re #52 Protective Order, their Motion for Class Certification and Attached Exhibits by Zelia Couto, Evrol Edwards, Angel Robbio, Janet Stubbs, Miriam Torres. (Attachments: #1 Text of Proposed Order)(Moskowitz, Adam) |
| SYSTEM ENTRY - Docket Entry 73 [motion] restricted/sealed until further notice. (678235) |
| Filing 71 Notice of Supplemental Authority re #67 Response in Opposition to Motion,, by Zelia Couto, Evrol Edwards, Janet Stubbs (Attachments: #1 Exhibit A - Burroughs v. PHH Mortgage Corp.) (Sullivan, Rachel) |
| Filing 70 REPLY to Response to Motion re #64 Defendant's MOTION TO DISMISS #55 Amended Complaint, #58 Notice (Other), FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint, #58 Notice (Other), AND INCORPORATED MEMORANDUM OF LAW filed by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., Seterus, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pegg, Allen) |
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Filing 69
ENDORSED ORDER granting #68 Defendants' Unopposed Motion for Leave to Exceed Page Limits on Reply in Support of Their Motion to Dismiss Second Amended Complaint. The Defendants' reply shall not exceed 15 double-spaced pages in 12-point Times New Roman typeface. Signed by Judge Darrin P. Gayles on 1/28/2016. (zvr)
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| Filing 68 Unopposed MOTION for Leave to File Excess Pages ON REPLY IN SUPPORT OF THEIR MOTION TO DISMISS SECOND AMENDED COMPLAINT by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., Seterus, Inc.. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 67 RESPONSE in Opposition re #64 Defendant's MOTION TO DISMISS #55 Amended Complaint, #58 Notice (Other), FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint, #58 Notice (Other), AND INCORPORATED MEMORANDUM OF LAW filed by Zelia Couto, Evrol Edwards, Janet Stubbs. Replies due by 2/4/2016. (Attachments: #1 Exhibit A (pt. 1.) - Cohen Complaints, #2 Exhibit A (pt. 2) - Cohen Complaints, #3 Exhibit B - Feaz Complaint)(Sullivan, Rachel) |
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Filing 66
ENDORSED ORDER granting #65 Plaintiffs' Unopposed Motion to Exceed Page Limit for Response to Defendants' Motion to Dismiss. The Plaintiffs' response in opposition to the motion to dismiss shall not exceed 30 double-spaced pages in Times New Roman 12-point typeface. Signed by Judge Darrin P. Gayles on 1/19/2016. (zvr)
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| Filing 65 Unopposed MOTION for Leave to File Excess Pages for Plaintiffs' Response to Defendants' Motion to Dismiss by Zelia Couto, Evrol Edwards, Janet Stubbs. (Attachments: #1 Text of Proposed Order Exhibit A)(Sullivan, Rachel) |
| Filing 64 Defendant's MOTION TO DISMISS #55 Amended Complaint, #58 Notice (Other), FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss for Lack of Jurisdiction #55 Amended Complaint, #58 Notice (Other), AND INCORPORATED MEMORANDUM OF LAW ( Responses due by 1/25/2016) by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., Seterus, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Composite E, #6 Exhibit F, #7 Exhibit Composite G, #8 Exhibit Composite H, #9 Exhibit I)(Pegg, Allen) |
| Filing 63 ANSWER and Affirmative Defenses to Amended Complaint by QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company. (Toth, Brian) |
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Filing 62
ENDORSED ORDER granting in part and denying in part #61 Defendants' Unopposed Motion for Leave to File Separate Rule 12(b) Motions or, in the Alternative, to Enlarge the Page Limit. The Defendants' request to file separate Rule 12(b) motions is denied. The Defendants' request to enlarge the page limit is granted; the Defendants shall be permitted to file one joint 12(b) motion not to exceed 30 double-spaced pages. Signed by Judge Darrin P. Gayles on 1/6/2016. (zvr)
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| Filing 61 Unopposed MOTION for Leave to File SEPARATE RULE 12(b) MOTIONS OR, IN THE ALTERNATIVE, TO ENLARGE THE PAGE LIMIT by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., Seterus, Inc.. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
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Filing 60
ENDORSED ORDER granting #59 Unopposed Motion by Defendants QBE Specialty Insurance Co.; QBE First Insurance Agency, Inc.; Praetorian Insurance Co.; and Seterus Inc. for Extension of Time to Respond to the Second Amended Class Action Complaint. The Defendants shall answer or otherwise respond by 1/8/2016. Signed by Judge Darrin P. Gayles on 12/16/2015. (zvr)
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| Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #55 Amended Complaint, by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc.. (Attachments: #1 Text of Proposed Order)(Toth, Brian) |
| Filing 58 NOTICE by Zelia Couto, Evrol Edwards, Janet Stubbs re #55 Amended Complaint, - Notice of Filing Exhibit A to Second Amended Complaint. Attorney Rachel Sullivan added to party Zelia Couto(pty:pla), Attorney Rachel Sullivan added to party Janet Stubbs(pty:pla). (Attachments: #1 Exhibit A (pt. 1) - Edwards and Couto Mortgages, #2 Exhibit A (pt. 2) - Stubbs Mortgage) (Sullivan, Rachel) |
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Filing 57
ENDORSED ORDER denying as moot #46 Defendants' Motion for Judgment on the Pleadings as to All Claims Asserted by the Torres Plaintiffs, in light of the filing of #55 Second Amended Complaint. Signed by Judge Darrin P. Gayles on 12/14/2015. (zvr)
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Filing 56
ENDORSED ORDER denying as moot #38 Defendant Seterus, Inc.'s Motion to Dismiss Amended Class Action Complaint, in light of the filing of #55 Second Amended Complaint. Signed by Judge Darrin P. Gayles on 12/14/2015. (zvr)
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| Filing 55 Second AMENDED COMPLAINT against Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc. filed in response to Order Granting Motion for Leave, filed by Evrol Edwards, Zelia Couto, Janet Stubbs.(Moskowitz, Adam) |
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Filing 54
ENDORSED ORDER granting #53 Plaintiffs' Unopposed Motion for Leave to Amend Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1. Signed by Judge Darrin P. Gayles on 12/14/2015. (zvr)
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| Filing 53 Unopposed MOTION for Leave to File Second Amended Complaint by Evrol Edwards, Angel Robbio, Miriam Torres. Attorney Adam M. Moskowitz added to party Angel Robbio(pty:pla), Attorney Adam M. Moskowitz added to party Miriam Torres(pty:pla). (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Text of Proposed Order Ex. B)(Moskowitz, Adam) |
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Filing 52
STIPULATED PROTECTIVE ORDER, Motion terminated: #49 Joint MOTION for Protective Order filed by Seterus, Inc., QBE FIRST Insurance Agency, Inc., Praetorian Insurance Company, QBE Specialty Insurance Company. Signed by Magistrate Judge William C. Turnoff on 12/3/2015. (lh)
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Filing 51
ENDORSED ORDER granting #50 Plaintiffs' Unopposed Motion for Enlargement of Time to File Response to Motion for Judgment on the Pleadings. Re: #46 MOTION for Judgment on the Pleadings As to All Claims Asserted by the Torres Plaintiffs. Responses due by 12/21/2015. Signed by Judge Darrin P. Gayles on 12/2/2015. (zvr)
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| Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #46 MOTION for Judgment on the Pleadings As to All Claims Asserted by the Torres Plaintiffs by Evrol Edwards, Angel Robbio, Miriam Torres. (Attachments: #1 Text of Proposed Order Exhibit A)(Sullivan, Rachel) |
| Filing 49 Joint MOTION for Protective Order by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc.. (Attachments: #1 Text of Proposed Order)(Toth, Brian) |
| Filing 48 REPLY to Response to Motion re #38 Defendant's MOTION TO DISMISS #34 Amended Complaint FOR FAILURE TO STATE A CLAIM and INCORPORATED MEMORANDUM OF LAW Defendant Seterus, Inc.'s Reply in Support of its Motion to Dismiss Amended Class Action Complaint filed by Seterus, Inc.. (Pegg, Allen) |
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Filing 47
SCHEDULING ORDER: ( Status Conference set for 9/28/2016 09:30 AM before Judge Darrin P. Gayles., Trial set for 2/6/2017 before Judge Darrin P. Gayles., Calendar Call set for 2/1/2017 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 12/14/2015., Discovery due by 8/26/2016., Expert Discovery due by 8/26/2016., Joinder of Parties due by 12/14/2015., Mediation Deadline 6/30/2016., In Limine Motions due by 12/12/2016., Dispositive Motions due by 10/10/2016., Motions due by 12/12/2016., Pretrial Stipulation due by 1/20/2017.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/30/2016.), ORDER REFERRING CERTAIN MOTIONS to Magistrate Judge William C. Turnoff. Signed by Judge Darrin P. Gayles on 11/19/2015. (lh)
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| Filing 46 MOTION for Judgment on the Pleadings As to All Claims Asserted by the Torres Plaintiffs by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc.. (Attachments: #1 Exhibit 1 -- Meadows Decl., #2 Exhibit 2 -- Lee Decl.)(Toth, Brian) |
| Filing 45 RESPONSE in Opposition re #38 Defendant's MOTION TO DISMISS #34 Amended Complaint FOR FAILURE TO STATE A CLAIM and INCORPORATED MEMORANDUM OF LAW filed by Evrol Edwards, Angel Robbio, Miriam Torres. Attorney Rachel Sullivan added to party Angel Robbio(pty:pla), Attorney Rachel Sullivan added to party Miriam Torres(pty:pla). Replies due by 11/23/2015. (Attachments: #1 Exhibit A - Circeo-Loudon v. Green Tree Order Denying Motions to Dismiss, #2 Exhibit B - Cohen complaints (pt. 1), #3 Exhibit B - Cohen complaints (pt. 2), #4 Exhibit C - Feaz Complaint)(Sullivan, Rachel) |
| Filing 44 Corporate Disclosure Statement by QBE FIRST Insurance Agency, Inc. identifying Corporate Parent QBE Financial Institution Risk Services, Inc. for QBE FIRST Insurance Agency, Inc. (Toth, Brian) |
| Filing 43 Certificate of Interested Parties by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company (Toth, Brian) |
| Filing 42 Certificate of Interested Parties by Evrol Edwards, Angel Robbio, Miriam Torres (Neary, Robert) |
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Filing 41
ENDORSED ORDER granting #40 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Catherine E. Anderson is permitted to appear as counsel on behalf of Plaintiffs and the putative class for all purposes related to this action. The Clerk is directed to provide notice of electronic filings to Ms. Anderson at canderson@gslawny.com. Signed by Judge Darrin P. Gayles on 11/4/2015. (hs01)
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ENDORSED ORDER cancelling 11/10/2015 status conference. The Court will issue a scheduling order within seven (7) days. Signed by Judge Darrin P. Gayles on 11/3/2015. (hs01)
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| Filing 40 MOTION for Good Cause to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Catherine E. Anderson. Filing Fee $ 75.00. Receipt # 110857. (ksa) |
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Filing 39
ENDORSED ORDER granting #35 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Roosevelt N. Nesmith may appear as counsel on behalf of Plaintiffs and the putative class for all purposes related to this action. The Clerk is directed to provide notice of electronic filings to Mr. Nesmith as roosevelt@nesmithlaw.com. Signed by Judge Darrin P. Gayles on 10/26/2015. (hs01)
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| Filing 38 Defendant's MOTION TO DISMISS #34 Amended Complaint FOR FAILURE TO STATE A CLAIM and INCORPORATED MEMORANDUM OF LAW by Seterus, Inc.. Responses due by 11/12/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E (Composite), #6 Exhibit F)(Pegg, Allen) |
| Filing 37 ANSWER and Affirmative Defenses to Amended Complaint by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company. (Toth, Brian) |
| Filing 36 SCHEDULING REPORT - Rule 16.1 by Evrol Edwards, Angel Robbio, Miriam Torres (Attachments: #1 Text of Proposed Order)(Neary, Robert) |
| Filing 35 MOTION for Good Cause to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Roosevelt N. Nesmith. Filing Fee $ 75.00. Receipt # 110213. (ksa) |
| Filing 34 AMENDED COMPLAINT against Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company, Seterus, Inc., filed by Evrol Edwards, Angel Robbio, Miriam Torres. (Attachments: #1 Exhibit A)(Harke, Lance) |
| Filing 33 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. Signed by Judge Darrin P. Gayles (hs01) |
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Filing 32
ENDORSED ORDER Setting Status Conference: Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 11/10/2015 09:30 AM before Judge Darrin P. Gayles. The parties shall prepare and file a joint scheduling report, as required by Local Rule 16.1, by Friday, November 6, 2015. On or before Friday, November 6, 2015, the parties, including governmental parties, shall file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, and/or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. Failure to comply with this Order shall be grounds for dismissal. Signed by Judge Darrin P. Gayles on 10/5/2015. (hs01)
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Filing 31
ENDORSED ORDER granting #29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Stephen M. LeBlanc is permitted to appear as co-counsel on behalf of Defendants QBE Specialty Insurance Company, QBE FIRST Insurance Agency, Inc., and Praetorian Insurance Company for all purposes related to this action. The Clerk is directed to provide notices of electronic filings to Mr. LeBlanc at sleblanc@buckleysandler.com. Signed by Judge Darrin P. Gayles on 10/5/2015. (hs01)
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Filing 30
ENDORSED ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Elizabeth R. Bailey is permitted to appear as co-counsel on behalf of Defendants QBE Specialty Insurance Company, QBE FIRST Insurance Agency, Inc., and Praetorian Insurance Company for all purposes related to this action. The Clerk is directed to provide notices of electronic filings to Ms. Bailey at ebailey@buckleysandler.com. Signed by Judge Darrin P. Gayles on 10/5/2015. (hs01)
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| Filing 29 Unopposed MOTION for Good Cause to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephen M. LeBlanc. Filing Fee $ 75.00. Receipt # 109342. (ksa) |
| Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth R. Bailey. Filing Fee $ 75.00. Receipt # 109342. (ksa) |
| Filing 27 NOTICE of Attorney Appearance by Archie Cleveland Lamb, Jr on behalf of Evrol Edwards. Attorney Archie Cleveland Lamb, Jr added to party Evrol Edwards(pty:pla). (Lamb, Archie) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Evrol Edwards. QBE Specialty Insurance Company served on 8/27/2015, answer due 10/14/2015. (Neary, Robert) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Evrol Edwards. QBE FIRST Insurance Agency, Inc. served on 8/27/2015, answer due 10/14/2015. (Neary, Robert) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Evrol Edwards. Praetorian Insurance Company served on 8/26/2015, answer due 10/14/2015. (Neary, Robert) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Evrol Edwards. Seterus, Inc. served on 8/27/2015, answer due 10/14/2015. (Neary, Robert) |
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Filing 22
ENDORSED ORDER granting #20 Motion for Extension of Time to Respond to the Class Action Complaint. Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., and QBE Specialty Insurance Company shall respond to the Complaint on or before 10/14/2015. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 21 Corporate Disclosure Statement by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company identifying Corporate Parent QBE Insurance Corporation for QBE Specialty Insurance Company; Corporate Parent QBE Holdings, Inc. for Praetorian Insurance Company; Corporate Parent QBE Financial Institution Risk Services, Inc. for QBE FIRST Insurance Agency, Inc. (Toth, Brian) |
| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Praetorian Insurance Company, QBE FIRST Insurance Agency, Inc., QBE Specialty Insurance Company. Attorney Brian W. Toth added to party Praetorian Insurance Company(pty:dft), Attorney Brian W. Toth added to party QBE FIRST Insurance Agency, Inc.(pty:dft), Attorney Brian W. Toth added to party QBE Specialty Insurance Company(pty:dft). (Attachments: #1 Text of Proposed Order)(Toth, Brian) |
| Filing 19 Notice of Court Practice. Unless otherwise specified by the Court, every motion, response, and reply 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. Signed by Judge Darrin P. Gayles (hs01) |
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Filing 18
ENDORSED ORDER granting #16 Motion for Extension of Time to Respond to the Complaint. Defendant Seterus, Inc. shall respond to the Complaint on or before 10/14/2015. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 17 Corporate Disclosure Statement by Seterus, Inc. identifying Corporate Parent International Business Machines Corporation (IBM), Other Affiliate Kyanite Services, Inc., Other Affiliate Pixel Aquisition Corp. for Seterus, Inc. (Pegg, Allen) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Seterus, Inc.. Attorney Allen Paige Pegg added to party Seterus, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Exhibit A - Proposed Order)(Pegg, Allen) |
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Filing 15
ENDORSED ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Adam E. Polk is permitted to appear before this Court on behalf of Plaintiff Evrol Edwards, for all purposes relating to this action. The Clerk is directed to provide notice of electronic filings to Mr. Polk at aep@girardgibbs.com. Signed by Judge Darrin P. Gayles (ahk)
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Filing 14
ENDORSED ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Daniel C. Girard is permitted to appear before this Court on behalf of Plaintiff Evrol Edwards, for all purposes relating to this action. The Clerk is directed to provide notice of electronic filings to Mr. Girard at dcg@girardgibbs.com. Signed by Judge Darrin P. Gayles (ahk)
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Filing 13
ENDORSED ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Elizabeth A. Kramer is permitted to appear before this Court on behalf of Plaintiff Ervol Edwards, for all purposes relating to this action. The Clerk is directed to provide notice of electronic filings to Ms. Kramer at eak@giradgibbs.com. Signed by Judge Darrin P. Gayles on 9/4/2015. (hs01)
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam E. Polk. Filing Fee $ 75.00. Receipt # 107306. (ksa) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel C. Girard. Filing Fee $ 75.00. Receipt # 107307. (ksa) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth A. Kramer. Filing Fee $ 75.00. Receipt # 107308. (ksa) |
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Filing 9
ORDER OF RECUSAL. Judge Kathleen M. Williams recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings Signed by Judge Kathleen M. Williams on 8/24/2015. (jmd)
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| Filing 8 Summons Issued as to Praetorian Insurance Company. (lh) |
| Filing 7 Summons Issued as to QBE FIRST Insurance Agency, Inc.. (lh) |
| Filing 6 Summons Issued as to QBE Specialty Insurance Company. (lh) |
| Filing 5 Summons Issued as to Seterus, Inc.. (lh) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Evrol Edwards re #1 Complaint filed by Evrol Edwards (Attachments: #1 Summon(s) Seterus, Inc., #2 Summon(s) QBE Specialty Insurance Company, #3 Summon(s) QBE First Insurance Agency, Inc., #4 Summon(s) Praetorian Insurance Company) (Neary, Robert) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (ail) |
| Filing 2 Judge Assignment to Judge Kathleen M. Williams (ail) |
| Filing 1 COMPLAINT - CLASS ACTION COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8008127, filed by Evrol Edwards. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Moskowitz, Adam) |
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