MSP RECOVERY CLAIMS, SERIES LLC, v. American Family Connect Property and Casualty Insurance Company
Plaintiff: MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC and MSP Recovery Claims, Series LLC,
Defendant: American Family Connect Property and Casualty Insurance Company
Case Number: 1:2023cv20133
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 1331 Federal Question
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 20 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by American Family Connect Property and Casualty Insurance Company. (Smith, Nicole)
February 15, 2023 Opinion or Order Filing 19 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 18 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Joseph M. Matthews as Mediator. Mediation Hearing set for 04/06/2023. (Rico, Natalie)
February 10, 2023 Opinion or Order Filing 17 ORDER denying #6 MOTION TO DISMISS 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 16 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 2/10/2023 re #6 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 15 NOTICE of Attorney Appearance by Patrick Shanan Montoya on behalf of MSP Recovery Claims, Series LLC,. Attorney Patrick Shanan Montoya added to party MSP Recovery Claims, Series LLC,(pty:pla). (Montoya, Patrick)
February 8, 2023 Filing 14 REPLY to Response to Motion re #6 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 13 RESPONSE in Opposition re #6 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)(Rico, Natalie)
January 24, 2023 Opinion or Order Filing 12 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, 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 11 Joint SCHEDULING REPORT - Rule 26(f) by MSP Recovery Claims, Series LLC, (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Rico, Natalie)
January 23, 2023 Filing 10 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, (Rico, Natalie)
January 23, 2023 Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement 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 8 STATUS REPORT on Removal by American Family Connect Property and Casualty Insurance Company (Smith, Nicole)
January 18, 2023 Filing 7 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 6 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 12, 2023 Opinion or Order Filing 5 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 4 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 3 NOTICE of Filing Certificate of Filing of 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) Modified Text on 1/12/2023 (ls).
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. (aao)
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 CFLSDC-16234061, filed by American Family Connect Property and Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit state court/amended complaint documents)No Answer/Motion to Dismiss. (Smith, Nicole) Modified attached on 1/12/2023 (aao).

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Plaintiff: MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC
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Plaintiff: MSP Recovery Claims, Series LLC,
Represented By: Natalie Marie Rico
Represented By: Patrick Shanan Montoya
Represented By: Mercedes Rodriguez Cristobal
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Defendant: American Family Connect Property and Casualty Insurance Company
Represented By: Nicole Sieb Smith
Represented By: Emily Carson Burke
Represented By: Samantha Crawford Duke
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