MSP Recovery Claims, Series v. American Family Connect Property and Casualty Insurance Company
Plaintiff: MSP RECOVERY CLAIMS, SERIES LLC and MSP Recovery Claims, Series
Defendant: American Family Connect Property and Casualty Insurance Company and IDS PROPERTY CASUALTY INSURANCE COMPANY
Case Number: 1:2023cv20104
Filed: January 11, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Melissa Damian
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2023 Filing 26 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by American Family Connect Property and Casualty Insurance Company. (Smith, Nicole)
February 22, 2023 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)
February 22, 2023 Filing 24 NOTICE of Striking #21 Notice of Mediator Selection and/or Hearing filed by Joseph Matthews by MSP Recovery Claims, Series (Rico, Natalie)
February 22, 2023 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)
February 15, 2023 Opinion or Order 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)
February 14, 2023 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)
February 10, 2023 Opinion or Order 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)
February 10, 2023 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)
February 9, 2023 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)
February 8, 2023 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)
February 1, 2023 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)
January 24, 2023 Opinion or Order 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)
January 23, 2023 Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by MSP Recovery Claims, Series (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Rico, Natalie)
January 23, 2023 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)
January 23, 2023 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)
January 23, 2023 Filing 11 STATUS REPORT on Removal by American Family Connect Property and Casualty Insurance Company (Smith, Nicole)
January 18, 2023 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)
January 18, 2023 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)
January 17, 2023 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)
January 13, 2023 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)
January 12, 2023 Opinion or Order 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)
January 12, 2023 Opinion or Order 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)
January 12, 2023 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)
January 11, 2023 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)
January 11, 2023 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)
January 11, 2023 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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Defendant: American Family Connect Property and Casualty Insurance Company
Represented By: Emily Carson Burke
Represented By: Samantha Crawford Duke
Represented By: Nicole Sieb Smith
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Defendant: IDS PROPERTY CASUALTY INSURANCE COMPANY
Represented By: Emily Carson Burke
Represented By: Samantha Crawford Duke
Represented By: Nicole Sieb Smith
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Plaintiff: MSP RECOVERY CLAIMS, SERIES LLC
Represented By: Mercedes Rodriguez Cristobal
Represented By: Natalie Marie Rico
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Plaintiff: MSP Recovery Claims, Series
Represented By: Mercedes Rodriguez Cristobal
Represented By: Natalie Marie Rico
Represented By: Patrick Shanan Montoya
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