MSP RECOVERY CLAIMS, SERIES LLC v. American Family Connect Property and Casualty Insurance Company
| MSP Recovery Claims, Series LLC |
| American Family Connect Property and Casualty Ins., Company and Joseph M. Matthews |
| 1:2023cv20110 |
| January 11, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Joseph M. Matthews as Mediator. Mediation Hearing set for 7/19/2023 at 2:00 p.m.. (Attachments: #1 Exhibit A - Joint Proposed Order Scheduling Mediation)(Jimenez, Robert) |
| Filing 28 REPLY to Response to Motion re #25 MOTION TO DISMISS #21 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by American Family Connect Property and Casualty Ins., Company. (Smith, Nicole) |
| Filing 27 RESPONSE in Opposition re #25 MOTION TO DISMISS #21 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by MSP Recovery Claims, Series LLC. Replies due by 3/10/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jimenez, Robert) |
Filing 26
PAPERLESS ORDER REFERRING #25 Defendant's Motion to Dismiss. THIS MATTER is before the Court sua sponte. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, #25 Defendant's Motion to Dismiss is REFERRED to United States Magistrate Judge Lisette M. Reid for a report and recommendation. Signed by Judge Kathleen M. Williams on 2/17/2023. (er01)
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| Filing 25 MOTION TO DISMISS #21 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by American Family Connect Property and Casualty Ins., Company. Responses due by 3/3/2023 (Smith, Nicole) |
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Filing 24
SCHEDULING ORDER: Jury Trial set for 1/16/2024 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 1/9/2024 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 2/10/2023. See attached document for full details. (pc) #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. THIS MATTER is before the Court on #9 Defendant's Motion to Dismiss. In light of #21 Plaintiff's Second Amended Complaint, and upon review of the record, it is ORDERED AND ADJUDGED that #9 Defendant's Motion to Dismiss is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 2/7/2023. (er01)
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| Filing 22 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by MSP Recovery Claims, Series LLC 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 LLC (Jimenez, Robert) |
| Filing 21 Second AMENDED COMPLAINT against American Family Connect Property and Casualty Ins., Company, filed by MSP Recovery Claims, Series LLC. (Attachments: #1 Exhibit A - BF Data, #2 Exhibit B - IDS Order, #3 Exhibit C - D.G. Crash Report, #4 Exhibit D - D.G. Data, #5 Exhibit E - K.P. Data, #6 Exhibit F - J.K. Data)(Jimenez, Robert) |
| Filing 20 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 LLC. Replies due by 2/8/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jimenez, Robert) |
| Filing 19 Joint SCHEDULING REPORT - Rule 26(f) by MSP Recovery Claims, Series LLC (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Jimenez, Robert) |
| Filing 18 NOTICE of Striking #16 SCHEDULING REPORT - Rule 26(f)/16.1 filed by MSP Recovery Claims, Series LLC Joint Notice of Striking by MSP Recovery Claims, Series LLC (Jimenez, Robert) |
| Filing 17 Corporate Disclosure Statement by American Family Connect Property and Casualty Ins., Company identifying Corporate Parent American Family Insurance Mutual Holding Company for American Family Connect Property and Casualty Ins., Company (Smith, Nicole) |
| Filing 16 (STRICKEN per DE #18 ) Joint SCHEDULING REPORT - Rule 16.1 by MSP Recovery Claims, Series LLC (Attachments: #1 Exhibit A)(Cristobal, Mercedes) Text Modified on 2/2/2023 (amb). |
| Filing 15 NOTICE by American Family Connect Property and Casualty Ins., Company re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Notice of Filing State Court Pleadings from 2022-SP-035924 (Attachments: #1 Exhibit 1- Index to State Court Pleadings 35924, #2 Exhibit 2 - Docket from State Court File 35924, #3 Exhibit 3 - Civil Cover Sheet from State Court file 35924, #4 Exhibit 4 - Complaint from State Court File 35924, #5 Exhibit 5 - Case Management Order from State Court File 35924, #6 Exhibit 6 - Summons to be Issued to IDS from State Court File 35924, #7 Exhibit 7 - Summons Issued to IDS from State Court File 35924, #8 Exhibit 8 - Amended Complaint from State Court File 35924, #9 Exhibit 9 - Summons to be issued to American Family from State Court File 35924, #10 Exhibit 10 - Summons Issued for American Family from State Court File 35924, #11 Exhibit 11 - Notice of Service of Process of American Family Home from State Court File 35924, #12 Exhibit 12 - Notice of Removal to Federal Court from State Court File 35924) (Duke, Samantha) |
| Filing 14 NOTICE of Compliance Notice of Filing State Court Pleadings, Case No. 2022-CC-035674 by American Family Connect Property and Casualty Ins., Company re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit 1 - Index to State Court Pleadings 35674, #2 Exhibit 2 - Docket of State Court File 2022-CC- 035674, #3 Exhibit 3 - Civil Cover Sheet from State Court File 035674, #4 Exhibit 4 - Complaint from State Court File 35674, #5 Exhibit 5 - Summons to be issued to IDS from State Court File 35674, #6 Exhibit 6 - Uniform Case Management Order from State Court File 35674, #7 Exhibit 7 - Summons Issued to IDS from State Court File 35674, #8 Exhibit 8 - Amended Complaint from State Court File 35674, #9 Exhibit 9 - Summons to be issued to American Family from State Court File 035674, #10 Exhibit 10 - Summons Issued to American Family from State Court File 35674, #11 Exhibit 11 - Notice of Service of Process of American Family from State Court file 35674, #12 Exhibit 12- Notice of Removal to Federal Court from State Court File 35674) (Duke, Samantha) |
| Filing 13 NOTICE of Compliance Notice of Filing State Court Pleadings by American Family Connect Property and Casualty Ins., Company re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit 1 - Index to State Pleadings 35735, #2 Exhibit 2 - Docket of State Court Case 35735-, #3 Exhibit 3 - Civil Cover Sheet from State Court Case 035735, #4 Exhibit 4 - Complaint from State Court Case 35735, #5 Exhibit 5 - -Summons to be Issued to IDS from State Court File 35735, #6 Exhibit 6 - Uniform Order Setting Pre-Trial and Trial from State Court File 35735, #7 Exhibit 7 - Summons Issued to IDS from State Court file 35735, #8 Exhibit 8- Amended Complaint from State Court File 35735, #9 Exhibit 9 - Summons to be issued to American Family from State Court File 35735, #10 Exhibit 10 - Summons issued for American Family from State Court File 35735, #11 Exhibit 11 -Notice of Service of Process upon American Family from State Court File 35735, #12 Exhibit 12 - Notice of Removal to Federal Court from State Court File 35735) (Duke, Samantha) |
| Filing 12 NOTICE of Compliance Notice of Filing State Court Pleadings by American Family Connect Property and Casualty Ins., Company re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit 1 - Index to State Court Pleadings 35730, #2 Exhibit 2 - Docket of State Court Case 2022-CC-035730, #3 Exhibit 3 - Civil Cover Sheet from State Court Case, #4 Exhibit 4 - Complaint from State Court Case 35730, #5 Exhibit 5 - Summons to be Issued to IDS from State Court Case 35730, #6 Exhibit 6 - Uniform Order Setting Pre-Trial and Trial from State Court Case 35730, #7 Exhibit 7 - Summons Issued to IDS from State Court File 35730, #8 Exhibit 8 - Amended Complaint from State Court File 35730, #9 Exhibit 9 - Summons to be issued to American Family from State Court File 35730, #10 Exhibit 10 - Summons Issued to American Family from State Court File 35730, #11 Exhibit 11- Notice of Service of Process to American Family from State Court File, #12 Exhibit 12 - Notice of Removal to Federal Court from State Court File 35730) (Duke, Samantha) |
| Filing 11 STATUS REPORT Removal Status Report by American Family Connect Property and Casualty Ins., Company (Duke, Samantha) |
| 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 Ins., Company. Responses due by 2/1/2023 (Smith, Nicole) |
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Filing 10
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Kathleen M. Williams on 1/17/2023. See attached document for full details. (pc)
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| Filing 7 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) |
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Filing 8
ORDER CONSOLIDATING CASES. Case Nos. 23-cv-20110, 23-cv-20117, 23-cv-20121, and 23-cv-20128 are CONSOLIDATED. The Clerk of the Court is instructed to administratively CLOSE Case Nos. 23-cv-20117, 23-cv-20121, and 23-cv-20128. All future filings shall be made under MSP Recovery Claims Series LLC v. America n Family Connect Property and Casualty Insurance Company, No. 23-cv-20110. (Single Combined Complaint due by 2/3/2023.) Signed by Judge Kathleen M. Williams on 1/13/2023. See attached document for full details. Associated Cases: 1:23-cv-20110-KMW, 1:23-cv-20117-KMW, 1:23-cv-20121-KMW, 1:23-cv-20128-KMW (pcs)
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| Filing 6 NOTICE by MSP Recovery Claims, Series LLC re 5 Clerk's Notice - Attorney Admissions,,,,, Notice of Good Standing (Attachments: #1 Exhibit A-Certificate of Good Standing Mercedes Rodriguez Cristobal) (Cristobal, Mercedes) |
| Filing 5 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) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for Discovery and Pretrial Non-Dispositive Matters and Notice of Court Practice in Removal Cases. Signed by Judge Kathleen M. Williams on 1/11/2023. See attached document for full details. (ls)
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| Filing 3 NOTICE by American Family Connect Property and Casualty Ins., Company re #1 Notice of Removal (State Court Complaint),, (Smith, Nicole) |
| 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 Lisette M. Reid 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. (pc) |
| 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-16232485, filed by American Family Connect Property and Casualty Insurance Company f/ka IDS Property and Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit state court documents)(Smith, Nicole) (Amended Complaint page 103 of Exhibit, No Answer/Motion to Dismiss Filed) Modified text on 1/11/2023 (pc). |
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