MSP RECOVERY CLAIMS, SERIES LLC, et al v. United Services Automobile Association (USAA) et al
| MSPA CLAIMS 1, LLC, a Florida limited liability, MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC, MSPA Claims 1, LLC and MSP Recovery Claims Series LLC |
| USAA General Indemnity Company, USAA Texas Lloyd's Company, USAA County Mutual Insurance Company, USAA Casualty Insurance Company, Garrison Property and Casualty Insurance Company, United States Automobile Association (USAA) and United Services Automobile Association |
| Law Firm Akerman LLP |
| 1:2020cv21530 |
| April 9, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Alicia M Otazo-Reyes |
| Contract: Recovery Medicare |
| 28 U.S.C. § 2345 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 75
RESPONSE in Opposition re #72 Corrected MOTION for Entry of Scheduling Order re #69 MOTION Entry of Scheduling Order (Correcting Certificate of Good Faith Conference) filed by USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Replies due by 5/27/2021. (Attachments: #1 Exhibit A: Order in MAO-MSO Recovery II, LLC, et al. v. USAA Cas. Ins. Co., No. 1:17-cv-20946-JAL (S.D. Fla. Dec. 29, 2017), #2 Exhibit B: Amerisure I and Amerisure II Orders)(Greenberg, Valerie)
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Filing 74
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/13/2021. See attached document for full details. (apa)
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Filing 73
Joint MOTION for Protective Order by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Proposed Order)(Ruiz, John)
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Set/Reset Deadlines/Hearings as per DE 71 re #68 MOTION to Dismiss #61 Amended Complaint/Amended Notice of Removal. Response due by 6/4/2021 (lk)
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Filing 72
Corrected MOTION for Entry of Scheduling Order re #69 MOTION Entry of Scheduling Order (Correcting Certificate of Good Faith Conference) by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Zincone, Francesco)
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Filing 71
PAPERLESS ORDER granting #70 Motion for Extension of Time. Plaintiffs shall respond to Defendants' Motion to Dismiss on or before June 4, 2021. Signed by Judge Darrin P. Gayles (hs01)
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Filing 70
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #68 MOTION to Dismiss #61 Amended Complaint/Amended Notice of Removal,,,, by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Zincone, Francesco)
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Filing 69
MOTION Entry of Scheduling Order by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Zincone, Francesco)
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Filing 68
MOTION to Dismiss #61 Amended Complaint/Amended Notice of Removal,,,, by USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Responses due by 5/14/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Greenberg, Valerie)
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Filing 67
Notice of Supplemental Authority re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and, #54 Response in Opposition to Motion, by Akerman LLP (Cortinas, Angel)
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Filing 66
Notice of Supplemental Authority re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and, #54 Response in Opposition to Motion, by Akerman LLP (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Cortinas, Angel)
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Filing 65
PAPERLESS ORDER granting #64 Motion for Extension of Time. Defendants United Services Automobile Association, USAA Casualty Insurance Company, and USAA General Indemnity Company's Response to the Amended Complaint shall be filed on or before May 3, 2021. Signed by Judge Darrin P. Gayles (hs01)
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Reset Deadlines USAA Casualty Insurance Company answe rdue 5/3/2021; USAA General Indemnity Company answer due 5/3/2021; United Services Automobile Association answer due 5/3/2021. Per DE#65. (cqs)
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Filing 64
Unopposed MOTION for Extension of Time To file response to amended complaint re #61 Amended Complaint/Amended Notice of Removal,,,, by USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Responses due by 4/14/2021 (Attachments: #1 Text of Proposed Order)(Gerstin, Ari)
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Filing 63
Notice of Supplemental Authority re #54 Response in Opposition to Motion, by Akerman LLP (Attachments: #1 Exhibit MSP Recovery Claims, Series LLC v. AIG Prop. and Cas. Co., No. 20-CV-02102-VEC, ECF 76, (S.D.N.Y. Mar. 26, 2021)) (Cortinas, Angel)
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Filing 62
Clerks Notice to Filer re #61 Amended Complaint/Amended Notice of Removal,,,,. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (jbs)
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Filing 61
First AMENDED COMPLAINT against USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association filed in response to Order Granting Motion for Leave, filed by MSPA Claims 1, LLC, MSP Recovery Claims Series LLC. (Attachments: #1 Exhibit A - Reported Hits, #2 Exhibit B - Unreported Hits, #3 Exhibit C - D.C. Diagnosis Codes, #4 Exhibit D - E.G. Diagnosis Codes, #5 Exhibit E - G.J. Diagnosis Codes, #6 Exhibit F - G.P. Diagnosis Codes, #7 Exhibit G - J.C. Diagnosis Codes, #8 Exhibit H - V.S. Diagnosis Codes, #9 Exhibit I - C.C. Diagnosis Codes, #10 Exhibit J - S.M. Diagnosis Codes, #11 Exhibit K - B.L. Diagnosis Codes, #12 Exhibit L - H.B. Diagnosis Codes, #13 Exhibit M - J.M. Diagnosis Codes, #14 Exhibit N - J.S. Diagnosis Codes, #15 Exhibit O - L.B. Diagnosis Codes, #16 Exhibit P - T.H. Diagnosis Codes, #17 Exhibit Q - D.C. (Settlement) Diagnosis Codes, #18 Exhibit R - M.B. Diagnosis Codes, #19 Exhibit S - M.G. Diagnosis Codes)(Zincone, Francesco)
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Filing 60
Notice of Supplemental Authority by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Ruiz, John)
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Filing 59
Plaintiff's REPLY to #54 Response in Opposition to Motion, by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - ISO Report, #2 Exhibit B - Emails Requesting for Conflict Waiver, #3 Exhibit C - Judge Miller's Order, #4 Exhibit D - 3rd DCA Order Denying Petition)(Ruiz, John)
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Filing 58
REPLY to Response to Motion re #47 Plaintiff's MOTION to Stay re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA Gener filed by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Ruiz, John)
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Filing 57
ORDER granting in part #18 Defendants' Motion to Dismiss the Complaint. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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Filing 56
Notice of Supplemental Authority re #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings, #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Attachments: #1 Exhibit Order Granting Defendant's Motion to Dismiss) (Gerstin, Ari)
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Filing 55
RESPONSE in Opposition re #47 Plaintiff's MOTION to Stay re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA Gener filed by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. Replies due by 3/9/2021. (Greenberg, Valerie)
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Filing 54
RESPONSE in Opposition re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and filed by Akerman LLP. Replies due by 3/9/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cortinas, Angel)
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Filing 53
Notice of Supplemental Authority by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Ruiz, John)
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Filing 52
Notice of Supplemental Authority re #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings, #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Attachments: #1 Exhibit 1 - Order Granting Motion to Dismiss, MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC v. MGA Ins. Co., Inc., No. 20-21624-MGC, 2020 WL 7974492 (S.D. Fla. Dec. 31, 2020), #2 Exhibit 2 - Omnibus Order Granting Motions to Dismiss, MSP Recovery Claims, Series LLC, et al. v. Am. Natl Genl Ins. Co., et al., No. 20-24077-CMA, ECF No. 35 and MSP Recovery Claims, Series LLC, et al. v. Amerisure Ins. Co., et. al, No. 17-23961-CMA (S.D. Fla. Feb 1, 2021), #3 Exhibit 3 - Order Granting Motion to Dismiss, MSP Recovery Claims, Series LLC v. Endurance Am. Ins. Co., No. 20-23219-RNS, ECF No. 33 (S.D. Fla. Feb. 23, 2021), #4 Exhibit 4 - Order Granting Motion to Bifurcate Class Action Proceedings to Address Class Certification Before Merits Discovery, MSP Recovery Claims, Series LLC v. United Auto. Ins. Co., No. 20-20887-CMA, ECF No. 45 (S.D. Fla. Dec. 2, 2020)) (Gerstin, Ari)
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Filing 51
Notice of Supplemental Authority re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Attachments: #1 Exhibit A, #2 Exhibit B) (Zincone, Francesco)
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Filing 50
Notice of Supplemental Authority re #36 Response in Opposition to Motion, by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Attachments: #1 Exhibit Exhibit A) (Zincone, Francesco)
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Filing 49
NOTICE of Attorney Appearance by Angel A. Cortinas on behalf of Akerman LLP. Attorney Angel A. Cortinas added to party Akerman LLP(pty:res). (Cortinas, Angel)
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Filing 48
NOTICE by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and (Filing Corrected Exhibit G) (Attachments: #1 Exhibit G) (Ruiz, John)
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Filing 47
Plaintiff's MOTION to Stay re #46 Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and (Pending Ruling) by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 3/2/2021 (Ruiz, John)
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Filing 46
Plaintiff's MOTION to Disqualify Counsel for Defendant and the law firm of Akerman LLP, from representing Defendants, United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and Casualty Insurance Company, USAA County Mutual Insurance Company, and USAA Texas Lloyds Company by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 3/2/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-1, #6 Exhibit E-2, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J-1, #12 Exhibit J-2)(Ruiz, John)
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Filing 45
NOTICE by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC re #36 Response in Opposition to Motion, #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings (Zincone, Francesco)
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Filing 44
Notification of Ninety Days Expiring by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law filed by United Services Automobile Association, USAA General Indemnity Company, Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA Texas Lloyd's Company (Zincone, Francesco)
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Filing 43
Plaintiff's RESPONSE to #41 Notice of Supplemental Authority,, by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Zincone, Francesco)
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Filing 42
NOTICE by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association re #28 Reply to Response to Motion, #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law DEFENDANTS' NOTICE OF AUTHORITY AND WITHDRAWAL OF RELATED CONTENT IN DEFENDANTS' MOTION TO DISMISS THE COMPLAINT WITH INCORPORATED MEMORANDUM OF LAW [ECF 18] AND REPLY IN SUPPORT OF MOTION TO DISMISS THE COMPLAINT [ECF 28] (Gerstin, Ari)
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Filing 41
Notice of Supplemental Authority re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Attachments: #1 Exhibit 1 - Order granting Motion to Dismiss entered in MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC v. MGA Insurance Company, Case No. 20-21624-Civ-COOKE/GOODMAN (Dec. 31, 2020) (ECF No. 50)) (Gerstin, Ari)
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Filing 40
NOTICE of Attorney Appearance by John Hasan Ruiz on behalf of MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Attorney John Hasan Ruiz added to party MSP Recovery Claims Series LLC(pty:pla), Attorney John Hasan Ruiz added to party MSPA Claims 1, LLC(pty:pla). (Ruiz, John)
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Filing 39
REPLY to Response to Motion re #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings filed by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. (Attachments: #1 Exhibit 1: List of Cases Dismissed)(Greenberg, Valerie)
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Set/Reset Deadlines/Hearings as per DE 38 re #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings. Reply due by 12/10/2020. (lk)
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Filing 38
PAPERLESS ORDER granting #37 Motion for Extension of Time. Defendants United ServicesAutomobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property And Casualty Insurance Company, USAA County MutualInsurance Company, and USAA Texas Lloyd's Company shall have through and including December 10, 2020, to file their Reply in Support of their Motion for a Protective Order to Temporarily Stay and Then Phase Class Action Proceedings. Signed by Judge Darrin P. Gayles (hs01)
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Filing 37
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. (Attachments: #1 Text of Proposed Order)(Gerstin, Ari)
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Filing 36
RESPONSE in Opposition re #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings filed by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Replies due by 11/30/2020. (Zincone, Francesco)
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Set/Reset Deadlines/Hearings as per DE 35 : to #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings. Response due by 11/20/2020 (lk)
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Filing 35
PAPERLESS ORDER granting #34 Motion for Extension of Time. Plaintiffs shall respond to Defendants' Motion for a Protective Order to Temporarily Stay and then PhaseClass Action Proceedings on or before November 20, 2020. Signed by Judge Darrin P. Gayles (hs01)
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Filing 34
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #33 Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Zincone, Francesco)
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Filing 33
Defendant's MOTION for Protective Order to Temporarily Stay and then Phase Class Action Proceedings by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. (Attachments: #1 Exhibit 1:Plaintiffs' First Set of Interrogatories, #2 Exhibit 2: Plaintiffs' First Set of Requests for Production, #3 Exhibit 3: Declaration of Kristina Newman, #4 Exhibit 4: June 9, 2014 Order in Robbins v. Garrison Prop. & Cas. Ins. Co., Case No. 13-81259 (S.D. Fla.), #5 Exhibit 5: Transcript Excerpt)(Greenberg, Valerie)
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Filing 32
NOTICE by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC re #30 Notice of Supplemental Authority,, Responding to Defs.' Notice of Supplemental Authority (Zincone, Francesco)
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Filing 31
PAPERLESS ORDER STRIKING #29 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Signed by Judge Darrin P. Gayles (hs01)
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Filing 30
Notice of Supplemental Authority re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Attachments: #1 Exhibit 1 - Dismissal Order recently entered in MSP Recovery Claims, Series LLC v. Natl Gen. Assurance Co., No. 20-cv-24051-CMA) (Gerstin, Ari)
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Filing 29
(STRICKEN)PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before October 22, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) Modified text as per DE 31 on 10/19/2020 (lk).
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Filing 28
REPLY to Response to Motion re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law filed by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. (Greenberg, Valerie)
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Filing 27
PAPERLESS ORDER granting #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Tracy Turner is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Ms. Turner at tturner@pbclawfirm.com. Signed by Judge Darrin P. Gayles (hs01)
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Filing 26
PAPERLESS ORDER granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Shannon Shelton is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Ms. Shelton at sshelton@pbclawfirm.com. Signed by Judge Darrin P. Gayles (hs01)
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Filing 25
RESPONSE in Opposition re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law (Amended in Accordance with the Court's Order, ECF No. 24) filed by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Replies due by 9/3/2020. (Attachments: #1 Exhibit A - Covington Order, #2 Exhibit B - Ocean Harbor Settlement Part I, #3 Exhibit B - Ocean Harbor Settlement Part II, #4 Exhibit C - HHS Brief, #5 Exhibit D - LLC Agreement, #6 Exhibit E - First Amendment to LLC Agreement, #7 Exhibit F - Second Amendment to LLC Agreement, #8 Exhibit G - Cert. of Designation)(Zincone, Francesco)
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Set/Reset Deadlines/Hearings as per DE 24 re #18 Defendant's MOTION to Dismiss #1 Complaint with Incorporated Memorandum of Law. Response due by 8/27/2020 (lk)
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Filing 24
PAPERLESS ORDER STRIKING #23 Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss Complaint for failure to comply with this Court's Notice of Court Practice [ECF No. 6] and Local Rule 7.1(c)(2). Plaintiffs shall file an amended response on or before Thursday, August 27, 2020. Signed by Judge Darrin P. Gayles (hs01)
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Filing 23
RESPONSE in Opposition re #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law filed by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Replies due by 8/26/2020. (Attachments: #1 Exhibit A - Covington R&R, #2 Exhibit B - Ocean Harbor Settlement Part I, #3 Exhibit B - Part II, #4 Exhibit C - HHS Brief, #5 Exhibit D - LLC Agreement, #6 Exhibit E - First Amendment to LLC Agreement, #7 Exhibit F - Second Amendment to LLC Agreement, #8 Exhibit G - Cert. of Designation)(Zincone, Francesco)
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Filing 22
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tracy L. Turner. Filing Fee $ 200.00 Receipt # AFLSDC-13351213 by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 8/28/2020 (Attachments: #1 Certification Certification of Tracy L. Turner, #2 Certification Certificate of Good Standing)(Zincone, Francesco)
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Filing 21
Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shannon A. Shelton. Filing Fee $ 200.00 Receipt # AFLSDC-13350867 by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 8/28/2020 (Attachments: #1 Certification Certification pursuant to Rule 4(b) of the Rules Governing Admission, #2 Certification Certificate of Good Standing)(Zincone, Francesco)
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Set/Reset Deadlines/Hearings as to #18 Defendant's MOTION to Dismiss #1 Complaint >with Incorporated Memorandum of Law. Response due by 8/19/2020 (lk)
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Filing 20
PAPERLESS ORDER granting #19 Motion for Extension of Time. Plaintiffs shall respond to Defendant's Motion to Dismiss on or before August 19, 2020. Signed by Judge Darrin P. Gayles (hs01)
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Filing 19
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #18 Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Zincone, Francesco)
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Filing 18
Defendant's MOTION to Dismiss #1 Complaint,,,, with Incorporated Memorandum of Law by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. Responses due by 8/5/2020 (Greenberg, Valerie)
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Filing 17
PAPERLESS ORDER granting #16 Motion for Extension of Time. Defendants shall respond to the Complaint on or before July 23, 2020. Signed by Judge Darrin P. Gayles (hs01)
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Filing 16
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. (Attachments: #1 Text of Proposed Order)(Greenberg, Valerie)
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Filing 15
Scheduling Order Setting Civil Trial Date and Pretrial Schedule, Requiring Mediation, and Referring Certain Motion to Magistrate Judge: (Jury Trial set for 2/14/2022 before Judge Darrin P. Gayles., Calendar Call set for 2/9/2022 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 11/3/2021 10:00 AM before Judge Darrin P. Gayles.), (Mediation Deadline 11/1/2021.), Referring Case to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Darrin P. Gayles on 6/15/2020. See attached document for full details. (jbs)
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time. Defendants shall respond to the Complaint on or before July 9, 2020. Signed by Judge Darrin P. Gayles (hs01)
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Filing 13
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,,, by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. (Attachments: #1 Text of Proposed Order)(Greenberg, Valerie)
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Filing 12
Joint SCHEDULING REPORT - Rule 26(f) by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Zincone, Francesco)
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Filing 11
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Gerstin, Ari)
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Filing 10
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before June 10, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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Filing 9
Notice of Pending, Refiled, Related or Similar Actions by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Gerstin, Ari)
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Filing 8
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Zincone, Francesco)
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Filing 7
Corporate Disclosure Statement by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association (Gerstin, Ari)
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Filing 6
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 (hs01)
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Filing 5
NOTICE of Attorney Appearance by Ari Gerstin on behalf of Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. Attorney Ari Gerstin added to party Garrison Property and Casualty Insurance Company(pty:dft), Attorney Ari Gerstin added to party USAA Casualty Insurance Company(pty:dft), Attorney Ari Gerstin added to party USAA County Mutual Insurance Company(pty:dft), Attorney Ari Gerstin added to party USAA General Indemnity Company(pty:dft), Attorney Ari Gerstin added to party USAA Texas Lloyd's Company(pty:dft), Attorney Ari Gerstin added to party United Services Automobile Association(pty:dft). (Gerstin, Ari)
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Filing 4
NOTICE of Attorney Appearance by Valerie B. Greenberg on behalf of Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United Services Automobile Association. Attorney Valerie B. Greenberg added to party Garrison Property and Casualty Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party USAA Casualty Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party USAA County Mutual Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party USAA General Indemnity Company(pty:dft), Attorney Valerie B. Greenberg added to party USAA Texas Lloyd's Company(pty:dft), Attorney Valerie B. Greenberg added to party United Services Automobile Association(pty:dft). (Greenberg, Valerie)
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Filing 3
WAIVER OF SERVICE Returned Executed by USAA Texas Lloyd's Company, Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, United Services Automobile Association, USAA County Mutual Insurance Company, USAA General Indemnity Company. USAA Texas Lloyd's Company waiver sent on 4/20/2020, answer due 6/19/2020; Garrison Property and Casualty Insurance Company waiver sent on 4/20/2020, answer due 6/19/2020; USAA Casualty Insurance Company waiver sent on 4/20/2020, answer due 6/19/2020; United Services Automobile Association waiver sent on 4/20/2020, answer due 6/19/2020; USAA County Mutual Insurance Company waiver sent on 4/20/2020, answer due 6/19/2020; USAA General Indemnity Company waiver sent on 4/20/2020, answer due 6/19/2020. (Greenberg, Valerie)
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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 Alicia M. Otazo-Reyes 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. (jbs)
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Filing 1
COMPLAINT against Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, USAA Texas Lloyd's Company, United States Automobile Association (USAA). Filing fees $ 400.00 receipt number AFLSDC-12723883, filed by MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC, MSPA CLAIMS 1, LLC, a Florida limited liability. (Attachments: #1 Exhibit A - Defendants' Primary Payer Reporting, #2 Exhibit B - D.C. Claim Data, #3 Exhibit C - E.G. Claim Data, #4 Exhibit D - G.J. Claim Data, #5 Exhibit E - G.P. Claim Data, #6 Exhibit F - J.C. Claim Data, #7 Exhibit G - V.S. Claim Data, #8 Exhibit H - B.L. Claim Data, #9 Exhibit I - H.B. Claim Data, #10 Exhibit J - J.M. Claim Data, #11 Exhibit K - J.S. Claim Data, #12 Exhibit L - L.B. Claim Data, #13 Exhibit M-1 - AvMed Claims Purchase Agreement, #14 Exhibit M-2 - AvMed Assignment, #15 Exhibit N-1 - Connecticare Assignment Part I, #16 Exhibit N-2 - Connecticare Assignment Part II, #17 Exhibit N-3 - Connecticare Assignment Part III, #18 Civil Cover Sheet)(Zincone, Francesco)
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