MSP Recovery Claims, Series v. American Family Connect Property and Casualty Insurance Company
| MSP RECOVERY CLAIMS, SERIES LLC and MSP Recovery Claims, Series |
| American Family Connect Property and Casualty Insurance Company and IDS PROPERTY CASUALTY INSURANCE COMPANY |
| 1:2023cv20104 |
| January 11, 2023 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Melissa Damian |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by American Family Connect Property and Casualty Insurance Company. (Smith, Nicole) |
| Filing 25 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Joseph Matthews as Mediator. Mediation Hearing set for 4/6/2023. (Attachments: #1 Exhibit A - Joint Proposed Order Scheduling Mediation)(Rico, Natalie) |
| Filing 24 NOTICE of Striking #21 Notice of Mediator Selection and/or Hearing filed by Joseph Matthews by MSP Recovery Claims, Series (Rico, Natalie) |
| Filing 23 Clerk's Notice to Filer re #21 Notice of Mediator Selection and/or Hearing. Document and Case Style Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the correct case style and case number in the appropriate case. (jas) |
Filing 22
ORDER Scheduling Mediation before Joseph Matthews; Mediation Hearing set for 4/6/2023. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 2/15/2023. See attached document for full details. (ps1)
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| Filing 21 Joint NOTICE of Mediator Selection and Hearing. and Proposed Order Scheduling Mediation Selected/Added Joseph Matthews as Mediator. Mediation Hearing set for 04/06/2023. (Rico, Natalie) |
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Filing 20
ORDER denying #9 MOTION TO DISMISS the Amended Complaint. Defendant shall file its answer to the Amended Complaint [ECF No. 1-2] by February 24, 2023. Signed by Chief Judge Cecilia M. Altonaga on 2/10/2023. See attached document for full details. (wc)
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| Filing 19 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 2/10/2023 re #9 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by American Family Connect Property and Casualty Insurance Company. Total time in court: 23 minutes. Attorney Appearance(s): Samantha Crawford Duke and Patrick Shanan Montoya. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (lfa) |
| Filing 18 NOTICE of Attorney Appearance by Patrick Shanan Montoya on behalf of MSP Recovery Claims, Series. Attorney Patrick Shanan Montoya added to party MSP Recovery Claims, Series(pty:pla). (Montoya, Patrick) |
| Filing 17 REPLY to Response to Motion re #9 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by American Family Connect Property and Casualty Insurance Company. (Smith, Nicole) |
| Filing 16 RESPONSE in Opposition re #9 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by MSP Recovery Claims, Series. Replies due by 2/8/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rico, Natalie) |
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Filing 15
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 9/25/2023 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 9/19/2023 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 3/7/2023. All Discovery, including Expert Discovery, due by 5/30/2023. Mediation Deadline 6/5/2023. In Limine Motions due by 7/11/2023. Pretrial Motions due by 6/13/2023. Pretrial Stipulation due by 7/11/2023. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 1/24/2023. See attached document for full details. (ps1)
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| Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by MSP Recovery Claims, Series (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Rico, Natalie) |
| Filing 13 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims, Series identifying Corporate Parent VRM MSP Recovery Partners, LLC, a Delaware limited liability company, Corporate Parent Virage Recovery Master LP, Corporate Parent Series MRCS, a designated series of MDA, Series LLC, Corporate Parent MDA Series LLC for MSP Recovery Claims, Series (Rico, Natalie) |
| Filing 12 Corporate Disclosure Statement and Certificate of Interested Persons by American Family Connect Property and Casualty Insurance Company identifying Corporate Parent American Family Insurance Mutual Holding Company for American Family Connect Property and Casualty Insurance Company (Smith, Nicole) |
| Filing 11 STATUS REPORT on Removal by American Family Connect Property and Casualty Insurance Company (Smith, Nicole) |
| Filing 10 PAPERLESS NOTICE of Hearing (9 in 1:23-cv-20104-CMA) MOTION TO DISMISS (1) Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM; (6 in 1:23-cv-20125-CMA) MOTION TO DISMISS (1) Notice of Removal (State Court Complaint) FOR FAILURE TO STATE A CLAIM (6 in 1:23-cv-20133-CMA); and MOTION TO DISMISS (1) Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM: Telephonic Motion Hearing set for 2/10/2023 08:30 AM in Miami Division before Chief Judge Cecilia M. Altonaga. The parties shall appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above and wait for your case to be called. The access code is 3156459 and the security code is 5510. FOR CLARITY, PLEASE DO NOT USE A SPEAKER PHONE, AND AVOID USING A CELL PHONE IF POSSIBLE. (ps1) |
| Filing 9 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by American Family Connect Property and Casualty Insurance Company. Responses due by 2/1/2023 (Smith, Nicole) |
| Filing 8 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 7 NOTICE by MSP Recovery Claims, Series re 4 Clerk's Notice - Attorney Admissions,,,,, Notice of Good Standing (Attachments: #1 Exhibit A-Certificate of Good Standing Mercedes Rodriguez Cristobal) (Cristobal, Mercedes) |
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Filing 6
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 1/23/2023. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)
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Filing 5
ORDER Requiring a Removal Status Report by 1/23/2023. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)
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| Filing 4 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 3 Certificate of Filing Notice of Removal in State Court by American Family Connect Property and Casualty Insurance Company re #1 Notice of Removal (State Court Complaint),, (Smith, Nicole) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - MSP Recovery Claims, Series LLC v. American Family Connect Property and Casualty Insurance Company f/k/a IDS Property Casualty Company) Filing fee $ 402.00 receipt number AFLSDC-16231735, filed by American Family Connect Property and Casualty Insurance Company f/ka IDS Property and Casualty Insurance Company. No Answer/ Motion to Dismiss Filed (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint/Documents)(Smith, Nicole) Modified text & attachment description on 1/11/2023 (rbe). |
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