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 |
| 1:2022cv22603 |
| August 16, 2022 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| 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 October 13, 2022. A more recent docket listing may be available from PACER.
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Filing 29
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 10/13/2022. See attached document for full details. (mdc)
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| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 10/12/2022. Counsel for all parties were present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
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Filing 27
PAPERLESS ORDER denying as moot #19 Motion to Strike Affirmative Defenses in light of the Court's Order granting Defendant's motion to amend its defenses 26 . Signed by Judge Darrin P. Gayles (hs01)
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Filing 26
PAPERLESS ORDER granting #25 Unopposed Motion for Leave to File Amended Defenses. State Farm's deadline to file Amended Defenses is October 18, 2022. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 25 Unopposed MOTION for Leave to File Amended Defenses by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Leave to File Amended Defenses)(Pennekamp, John) |
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Filing 24
SCHEDULING ORDER: ( Jury Trial set for 8/14/2023 before Judge Darrin P. Gayles., Telephonic Calendar Call set for 8/9/2023 09:30 AM before Judge Darrin P. Gayles., Telephonic Status Conference set for 6/21/2023 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation., and ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 10/3/2022. See attached document for full details. (ls) #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 23
PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for 10/12/2022 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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Filing 22
PAPERLESS ORDER granting #21 Motion for Substitution of Counsel. Attorney Caryn Lynn Bellus representing State Farm Mutual Automobile Insurance Company (Defendant); Attorney Barbara Elizabeth Fox representing State Farm Mutual Automobile Insurance Company (Defendant) terminated. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 21 Joint Stipulation/Motion for Substitution of Counsel by State Farm Mutual Automobile Insurance Company (Attachments: #1 Text of Proposed Order)(Pennekamp, John) Modified to convert document to a motion on 9/30/2022 (ls). |
| Filing 20 Joint SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims Series 44, LLC (Jimenez, Robert) |
| Filing 19 MOTION to Strike #18 ANSWER to Complaint (Notice of Removal) by MSP Recovery Claims Series 44, LLC. Responses due by 10/3/2022 (Attachments: #1 Text of Proposed Order)(Jimenez, Robert) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by State Farm Mutual Automobile Insurance Company. (Fox, Barbara) |
| Filing 17 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC identifying Corporate Parent MSP Recovery Claims Series 44, LLC for MSP Recovery Claims Series 44, LLC (Jimenez, Robert) |
| Filing 16 Clerk's Notice to Filer re #13 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#15]. It is not necessary to refile this document. (ls) |
| Filing 15 Removal STATUS REPORT by State Farm Mutual Automobile Insurance Company (ls)(See Image at DE #13 ) |
| Filing 14 NOTICE of Docket Entries in State Court Case by State Farm Mutual Automobile Insurance Company re #3 Notice of Court Practice/to Appear/Other, Set/Reset Deadlines (Attachments: #1 Exhibit Exhibit A- Civil Cover Sheet, #2 Exhibit Exhibit B- Complaint, #3 Exhibit Exhibit C- 20 Day Summons, #4 Exhibit Exhibit F- E summons, #5 Exhibit Exhibit G- Notice of Service of Process, #6 Exhibit Exhibit H- Uniform Order, #7 Exhibit Exhibit I - Notice of Removal, #8 Exhibit Exhibit J - A Copy of State Court) (Fox, Barbara) Modified Text on 9/2/2022 (ls). |
| Filing 13 NOTICE by State Farm Mutual Automobile Insurance Company re #3 Notice of Court Practice/to Appear/Other, Set/Reset Deadlines Removal Status Report (Fox, Barbara) |
| Filing 12 Clerk's Notice to Filer re #9 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls) |
| Active Hearings Before Prior Presider Deadline(s)/Hearing(s) terminated. (ch1) |
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Filing 11
PAPERLESS ORDER granting #5 Motion for Extension of Time. Defendant shall respond to the Complaint on or before September 2, 2022. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 10 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) |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC (Jimenez, Robert) |
| Filing 8 Case Reassignment of Paired Magistrate Judge to Ch. Magistrate Judge Edwin G. Torres. Magistrate Judge Jacqueline Becerra no longer assigned to case. (bms) |
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Filing 7
ORDER OF RECUSAL. Judge Jose E. Martinez recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Jose E. Martinez on 8/19/2022. See attached document for full details. (bms)
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| Filing 6 Corporate Disclosure Statement by State Farm Mutual Automobile Insurance Company identifying Other Affiliate MSP Recovery Claims Series 44, LLC, Other Affiliate Hazel Holdings I LLC, Other Affiliate Hazel Partners Holdings LLC for State Farm Mutual Automobile Insurance Company (Fox, Barbara) |
| Filing 5 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Text of Proposed Order)(Fox, Barbara) |
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Filing 4
SCHEDULING ORDER: ( Jury Trial set for 8/14/2023 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 8/10/2023 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation., and ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 8/18/2022. See attached document for full details. (ls) #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 3 Notice of Court Practice in Removal Cases. ( Removal Status Report due by 9/1/2022.) Signed by Judge Jose E. Martinez on 8/18/2022. See attached document for full details. (ls) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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 - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15875996, filed by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY. (Attachments: #1 Exhibit A- State Court Complaint & Other State Court Documents, #2 Civil Cover Sheet, No Answer/Motion to Dismiss filed.)(Fox, Barbara) Modified Attachment Descriptions on 8/17/2022 (nan). |
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