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 |
| 1:2023cv20013 |
| January 3, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 HHS: Adverse Reimbursement Review |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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Filing 42
PAPERLESS ORDER Dismissing Case with prejudice pursuant to #41 the parties' Joint Stipulation for Dismissal with prejudice. Each party shall bear its own attorneys' fees and costs. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 41 STIPULATION of Dismissal with Prejudice by State Farm Mutual Automobile Insurance Company (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal)(Pennekamp, John) |
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Filing 40
PAPERLESS ORDER administratively closing case in light of #39 the Joint Notice of Settlement, which indicates that this matter has settled in full. The parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 39 Joint NOTICE of Settlement by State Farm Mutual Automobile Insurance Company (Pennekamp, John) Modified Text on 8/17/2023 (ls). |
| Filing 38 Defendant's REPLY to Response to Motion re #36 Defendant's MOTION to Dismiss #35 Amended Complaint/Amended Notice of Removal, Count III filed by State Farm Mutual Automobile Insurance Company. (Pennekamp, John) |
| Filing 37 RESPONSE in Opposition re #36 Defendant's MOTION to Dismiss #35 Amended Complaint/Amended Notice of Removal, COUNT III OF PLAINTIFF'S AMENDED COMPLAINT filed by MSP Recovery Claims Series 44, LLC. Replies due by 7/7/2023. (Von der Osten, Erimar) |
| Filing 36 Defendant's MOTION to Dismiss #35 Amended Complaint/Amended Notice of Removal, COUNT III OF PLAINTIFF'S AMENDED COMPLAINT by State Farm Mutual Automobile Insurance Company. Responses due by 7/3/2023 (Pennekamp, John) |
| Filing 35 AMENDED COMPLAINT against State Farm Mutual Automobile Insurance Company filed in response to Order Granting Motion for Leave, filed by MSP Recovery Claims Series 44, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Von der Osten, Erimar) |
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Filing 34
PAPERLESS ORDER. This matter is before the Court on #31 the Joint Stipulation for Extension of Time to Respond to Subpoena ("Motion") which the Court construes as a motion for extension of time. The Motion is granted. Non-Party Health First Health Plan, Inc. may respond to the instant subpoena on or before May 23, 2023. Signed by Judge Darrin P. Gayles (hs01)
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Filing 33
PAPERLESS ORDER granting #30 Motion to Withdraw and Substitute Counsel. Attorneys Steve Silverman, Michael Landen, and Michael Mariani of Kluger, Kaplan, Silverman, Katzen & Levine, PL shall be withdrawn as counsel of record for Non-Party Health First Health Plans, Inc. ("HFHP"). Attorney Robert Folland, of Barnes & Thornburg, LLP shall be substituted as counsel for HFHP. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 32 Clerk's Notice to Filer re #31 Stipulation. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 31 Joint Stipulation/Motion for Extension of Time to Respond to Subpoena by Health First Health Plans, Inc., State Farm Mutual Automobile Insurance Company (Attachments: #1 Text of Proposed Order)(Stepanova, Julia) Modified to convert document to a motion on 5/10/2023 (ls). |
| Filing 30 UNSTIPULATED MOTION for Substitution of Counsel. Substituting Robert Folland, Esq. for Steve I. Silverman, Esq. by Health First Health Plans, Inc.. Attorney Steve I. Silverman added to party Health First Health Plans, Inc. (pty:mov). Responses due by 5/22/2023 (Silverman, Steve) |
| Filing 29 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for 10/2/2023 at 2:30 p.m.. (Von der Osten, Erimar) |
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Filing 28
PAPERLESS ORDER denying as moot #16 Plaintiff's Motion to Strike Defendant's Affirmative Defenses in light of Plaintiff's Amended Complaint. Signed by Judge Darrin P. Gayles (hs01)
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Filing 27
PAPERLESS ORDER granting #26 MSP's Motion for Leave to Amend the Complaint. Plaintiff shall file the Amended Complaint as a separate entry on the docket. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 26 MOTION for Leave to File Amended Complaint by MSP Recovery Claims Series 44, LLC. (Attachments: #1 Exhibit A - Amended Complaint)(Von der Osten, Erimar) |
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Filing 25
ORDER granting #23 Motion for Confidentiality Order (as modified). Signed by Ch. Magistrate Judge Edwin G. Torres on 4/20/2023. See attached document for full details. (EGT)
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| Filing 24 Clerk's Notice to Filer re #23 Stipulation. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 23 Joint Stipulation/Motion for Protective Order by MSP Recovery Claims Series 44, LLC (Attachments: #1 Text of Proposed Order)(McGovern, Amanda) Modified to convert document to a motion on 3/31/2023 (ls). |
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Filing 22
PAPERLESS ORDER granting #21 Motion for Extension of Time. The parties shall have until April 24, 2023, to join additional parties and to amend the pleadings. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 21 MOTION for Extension of Time TO JOIN ADDITIONAL PARTIES AND AMEND THE PLEADINGS by MSP Recovery Claims Series 44, LLC. Responses due by 4/7/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Von der Osten, Erimar) |
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Filing 20
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 3/15/2023. See attached document for full details. (mdc)
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Filing 19
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: SCHEDULING ORDER: ( Jury Trial set for 1/16/2024 before Judge Darrin P. Gayles., Calendar Call set for 1/10/2024 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 10/18/2023 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/16/2023.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 2/21/2023. See attached document for full details. (nan) #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 18 REPLY to Response to Motion re #16 Plaintiff's MOTION to Strike #5 ANSWER to Complaint (Notice of Removal) filed by MSP Recovery Claims Series 44, LLC. (Von der Osten, Erimar) |
| Filing 17 RESPONSE in Opposition re #16 Plaintiff's MOTION to Strike #5 ANSWER to Complaint (Notice of Removal) filed by State Farm Mutual Automobile Insurance Company. Replies due by 2/21/2023. (Pennekamp, John) |
| Filing 16 Plaintiff's MOTION to Strike #5 ANSWER to Complaint (Notice of Removal) by MSP Recovery Claims Series 44, LLC. Responses due by 2/14/2023 (McGovern, Amanda) |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by State Farm Mutual Automobile Insurance Company (Pennekamp, John) |
| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims Series 44, LLC (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(McGovern, Amanda) |
| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC identifying Corporate Parent MSP Recovery Holding Series 01, LLC, Other Affiliate Hazel Holdings I LLC, Other Affiliate Hazel Partners Holdings LLC for MSP Recovery Claims Series 44, LLC (McGovern, Amanda) |
| Filing 12 Clerk's Notice to Filer re #11 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates 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. (ls) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC identifying Corporate Parent MSP Recovery Holding Series 01, LLC for MSP Recovery Claims Series 44, LLC (McGovern, Amanda) |
| Filing 10 CLERK'S NOTICE - Attorney Mercedes Rodriguez Cristobal has provided this Court with a current Certificate of Good Standing from The Florida Bar, and her bar member status with The Florida Bar is now eligible to practice law in Florida, Member in Good Standing. Therefore, Attorney Mercedes Rodriguez Cristobal's status in this Court's Bar is now in good standing. (pt) |
| Filing 9 NOTICE by MSP Recovery Claims Series 44, LLC re 8 Clerk's Notice - Attorney Admissions,,,,, Notice of Good Standing (Attachments: #1 Exhibit A-Certificate of Good Standing Mercedes Rodriguez Cristobal) (Cristobal, Mercedes) |
| Filing 8 CLERK'S NOTICE to Attorney Mercedes Rodriguez Cristobal, Florida Bar Number 492345. Please note that your member status on The Florida Bar website indicates your status is: Delinquent Fees Not Eligible to Practice Law in Florida. Pursuant to Rule 3 of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, Local Rules of the United States District Court for the Southern District of Florida, [t]o remain an attorney in good standing of the bar of this Court, each member must remain an active attorney in good standing of The Florida Bar. Additionally, Rule 9(c) requires you to notify this Court within thirty (30) days of your inactive status with The Florida Bar. Rule 9(c) further dictates that [u]pon receipt of notice of such action, the attorneys ability to practice before this Court shall be administratively suspended and the attorney may not resume practice before this Court until they certify that they are an active attorney in good standing with The Florida Bar. Therefore your status with this Courts Bar will be changed to suspended as [t]here is no inactive status other than for government attorneys in this Court. A Clerk's Notice has been docketed in all of your open cases. (cw) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Raquel Alicia Toral (Toral, Raquel) |
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Filing 6
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before January 24, 2023, 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 5 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by State Farm Mutual Automobile Insurance Company. (Pennekamp, John) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 3 NOTICE of Attorney Appearance by Raquel Alicia Toral on behalf of MSP Recovery Claims Series 44, LLC. Attorney Raquel Alicia Toral added to party MSP Recovery Claims Series 44, LLC(pty:pla). (Toral, Raquel) |
| 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 Edwin G. Torres 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. (aao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16211005, filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint)No Answer/Motion to Dismiss.(Pennekamp, John) Modified attached on 1/4/2023 (aao). |
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