MSP Recovery Claims Series 44, LLC v. State Farm Mutual Automobile Insurance Company
| MSP Recovery Claims Series 44, LLC |
| STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY |
| 1:2022cv22210 |
| July 18, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.
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| Filing 33 MOTION to Strike #27 ANSWER to Complaint (Notice of Removal) by MSP Recovery Claims Series 44, LLC. Responses due by 9/26/2022 (Attachments: #1 Text of Proposed Order)(Rico, Natalie) |
| Filing 32 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Status Conference held on 8/26/2022. Counsel as record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) |
Filing 31
Order Requiring Joint Scheduling Report and Filing of Supplemental Briefs. Joint Scheduling Report due by 9/14/2022 Signed by Judge Kathleen M. Williams on 8/26/2022. See attached document for full details. (drz)
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| Filing 30 NOTICE of Attorney Appearance by Francesco Antonio Zincone, III on behalf of MSP Recovery Claims Series 44, LLC. Attorney Francesco Antonio Zincone, III added to party MSP Recovery Claims Series 44, LLC(pty:pla). (Zincone, Francesco) |
| Filing 29 NOTICE of Attorney Appearance by Jimmy Wayne Mintz on behalf of MSP Recovery Claims Series 44, LLC. Attorney Jimmy Wayne Mintz added to party MSP Recovery Claims Series 44, LLC(pty:pla). (Mintz, Jimmy) |
| Filing 28 NOTICE of Attorney Appearance by Amanda Marie McGovern on behalf of MSP Recovery Claims Series 44, LLC. Attorney Amanda Marie McGovern added to party MSP Recovery Claims Series 44, LLC(pty:pla). (McGovern, Amanda) |
| Filing 27 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by State Farm Mutual Automobile Insurance Company. (Fox, Barbara) |
| Filing 26 NOTICE of Attorney Appearance by Patrick Shanan Montoya on behalf of MSP Recovery Claims Series 44, LLC. Attorney Patrick Shanan Montoya added to party MSP Recovery Claims Series 44, LLC(pty:pla). (Montoya, Patrick) |
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Filing 25
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte upon a review of the record. A Status Conference is SET for August 26, 2022 at 11:00 a.m. before the Honorable Kathleen M. Williams in Room 11-2 of the Wilkie D. Ferguson, Jr. United States Courthouse, located at 400 North Miami Avenue in Miami, Florida. Prior to your Courthouse visit, please review the Southern District of Florida's COVID-19 policies and procedures online at #https://www.flsd.uscourts.gov . Signed by Judge Kathleen M. Williams on 8/19/2022. (nlf) Modified on 8/19/2022 (wc).
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Filing 24
PAPERLESS ORDER STRIKING DUPLICATE #23 . The Clerk is ORDERED to STRIKE duplicate docket entry #23 and restrict document image access. Signed by Judge Kathleen M. Williams on 8/11/2022. (nlf)
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| Filing 23 (STRICKEN by DE# 24) . Modified on 8/12/2022: image restricted, see DE# 24 (wc). |
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Filing 22
SCHEDULING ORDER: Jury Trial set for 9/11/2023 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 9/5/2023 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 8/11/2022. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims Series 44, LLC (Attachments: #1 Exhibit Proposed Order)(Rico, Natalie) |
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Filing 20
PAPERLESS ORDER. THIS ORDER is before the Court sua sponte upon review of the record. On August 4, 2022, Plaintiff #18 and Defendant #19 both filed unilateral scheduling reports and proposed scheduling orders in violation of the Court's Order #5 and Local Rule 16.1(b), which require a joint conference report and a joint proposed scheduling order. Accordingly, it is ORDERED AND ADJUDGED that the unilateral scheduling reports and proposed scheduling orders #18 #19 are STRICKEN. Further, the Parties must file a joint conference report and a joint proposed scheduling order on or before August 10, 2022 in compliance with the Court's Order #5 and the Local Rules. Failure to file a joint conference report and a joint proposed scheduling order may result in sanctions, including dismissal of this case, pursuant to Local Rule 16.1(l) and Court order. Signed by Judge Kathleen M. Williams on 8/5/2022. (nlf)
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| Filing 19 STRICKEN per Order on DE 20 : Defendant's SCHEDULING REPORT - Rule 16.1 by State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit Proposed Order)(Fox, Barbara) Modified on 8/5/2022 (jao). |
| Filing 18 STRICKEN per Order on DE 20 : SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims Series 44, LLC (Attachments: #1 Exhibit A- Proposed Scheduling Report)(Macejka, Jordan) Modified on 8/5/2022 (jao). Modified on 8/5/2022 (jao). |
| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC identifying Corporate Parent MSP Recovery Holding Series 01, LLC, Corporate Parent Hazel Holdings I LLC, Corporate Parent Hazel Partners Holdings LLC for MSP Recovery Claims Series 44, LLC (Macejka, Jordan) |
| Filing 16 NOTICE of Docket Entries in State Court Case by State Farm Mutual Automobile Insurance Company re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Notice of Docket Entries in State Court Case (Attachments: #1 Exhibit 01 - Civil Cover Sheet, #2 Exhibit 02 - Plaintiff's Complaint, #3 Exhibit 03 - Summons 20 Day Corporate Service, #4 Exhibit 04 - E summons 20 Day Corporate Service, #5 Exhibit 05 - Notice of Service of Process, #6 Exhibit 06 - Notice of Appearance, #7 Exhibit 07 - Notice of Compliance, #8 Exhibit 08 - Demand For Jury Trial, #9 Exhibit 09 - Motion for Extension of Time to Respond to Plaintiff's Complaint, #10 Exhibit 10 - Notice of Appearance of Co-Counsel and Designation of Email Address, #11 Exhibit 11 - Notice of Appearance of Co-Counsel and Designation of Email Address, #12 Exhibit 12 - Defendant's Notice of Filing Removal) (Fox, Barbara) Modified Text on 8/2/2022 (ls). |
| Filing 15 STATUS REPORT Removal by State Farm Mutual Automobile Insurance Company (Fox, Barbara) |
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Filing 14
PAPERLESS ORDER. Defendant, State Farm Mutual Automobile Insurance Company, filed a #13 Motion for Extension of Time to Respond to Plaintiff's Complaint. For good cause shown, the Court hereby ORDERS that the Motion for Extension of Time is GRANTED. Defendant shall respond to the Complaint no later than August 24, 2022. The Court notes that Defendant filed its Motion on the date its response to the Complaint was due. Section II(B) of the Court's Practices and Procedures requires that all motions for extensions of time, absent an emergency, be filed no later than 48 hours prior to the deadline at issue, and permits the imposition of sanctions for non-emergent requests that fail to comply with this requirement. The parties are cautioned that going forward, all motions must comply with the Federal Rules of Civil Procedure, the Local Rules and the Court's Practices and Procedures. Signed by Magistrate Judge Chris M. McAliley on 7/26/2022. (rr00)
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| Filing 13 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), Plaintiff's Complaint by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Text of Proposed Order)(Fox, Barbara) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by State Farm Mutual Automobile Insurance Company (Fox, Barbara) |
| Filing 11 NOTICE of Striking #6 Notice (Other) filed by State Farm Mutual Automobile Insurance Company by State Farm Mutual Automobile Insurance Company (Fox, Barbara) |
| Filing 10 Clerk's Notice to Filer re #8 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#9]. It is not necessary to refile this document. (ls) |
| Filing 9 NOTICE of Change of Attorney Name by Barbara Elizabeth Fox (ls)(See Image at DE #8 ) |
| Filing 8 NOTICE by State Farm Mutual Automobile Insurance Company Notice of Name Change (Fox, Barbara) |
| Filing 7 Clerk's Notice to Filer re #6 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. AND Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 6 "STRICKEN" NOTICE by State Farm Mutual Automobile Insurance Company Certificate of Interested Persons And Corporate Disclosure Statement (Fuentes, Barbara) Modified on 7/25/2022 (ls). (per DE #11 ) |
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Referring Case to Magistrate Judge Chris M. McAliley for Discovery Matters. Signed by Judge Kathleen M. Williams on 7/21/2022. See attached document for full details. (pc)
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| Filing 4 NOTICE by State Farm Mutual Automobile Insurance Company Civil Cover Sheet (Fuentes, Barbara) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-15798672, filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. (Attachments: #1 Exhibit - State Court Complaint & Other State Court Documents, No Answer/Motion to Dismiss filed.)(Fuentes, Barbara) Modified Attachment Modified on 7/19/2022 (nan). |
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