MSP Recovery Claims, Series LLC, et al v. First Acceptance Insurance Company, Inc.
Plaintiff: MSP RECOVERY CLAIMS, SERIES LLC, a Delaware series LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company and MSP Recovery Claims Series 44, LLC
Defendant: First Acceptance Insurance Company, Inc.
Case Number: 1:2023cv22603
Filed: July 12, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Beth Bloom
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2023 Filing 33 ACKNOWLEDGMENT OF RECEIPT re #31 Transmittal Letter Sent. (amb)
August 15, 2023 Filing 32 NOTICE of Compliance re #30 Order Remanding Case to State Court, #31 Transmittal Letter Sent. A copy of the Order, DE#30 and Transmittal Letter, DE#31 were mailed to Miami State Court. (nan)
August 15, 2023 Filing 31 Transmittal Letter Sent with Certified Copy of Order of Remand to: 11th Judicial Circuit in and for Miami-Dade County, Florida. State Court Case Number: 18-042077-CA-30 (nan)
August 15, 2023 Opinion or Order Filing 30 ORDER REMANDING CASE. The Joint Stipulation, ECF No. #28 , is APPROVED. This case is REMANDED to the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. To the extent not otherwise disposed of, all pending motions are DENIED AS MOOT and all deadlines are TERMINATED. The Clerk is DIRECTED TO CLOSE this case. Motions terminated: #8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by First Acceptance Insurance Company, Inc., #28 Joint MOTION to Remand to State Court filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company. Signed by Judge Beth Bloom on 8/15/2023. See attached document for full details. (nan)
August 15, 2023 Filing 29 Clerk's Notice to Filer re #27 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls)
August 14, 2023 Filing 28 Joint MOTION to Remand to State Court by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company. (Attachments: #1 Proposed Order)(Susman, Ryan)
August 14, 2023 Filing 27 NOTICE of Lack of Jurisdiction by First Acceptance Insurance Company, Inc. re #1 Notice of Removal (State Court Complaint),, (Lavisky, Matthew) Modified Text on 8/15/2023 (ls).
August 8, 2023 Reset Deadlines as to #8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, . Replies due by 8/19/2023. (ls)(per DE #26)
August 8, 2023 Opinion or Order Filing 26 PAPERLESS ORDER granting #25 Motion for Extension of Time to File Reply by August 19, 2023. Signed by Judge Beth Bloom (BB)
August 8, 2023 Filing 25 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #13 Response in Opposition to Motion, by First Acceptance Insurance Company, Inc.. (Maus, Kathleen)
August 4, 2023 Filing 24 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by First Acceptance Insurance Company, Inc. identifying Corporate Parent First Acceptance Corporation for First Acceptance Insurance Company, Inc. (Hunter, Jonathan)
August 4, 2023 Filing 23 Clerk's Notice to Filer re #22 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents 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/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls)
August 3, 2023 Filing 22 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by First Acceptance Insurance Company, Inc. identifying Other Affiliate First Acceptance Insurance, Inc. for First Acceptance Insurance Company, Inc. (Hunter, Jonathan)
August 3, 2023 Filing 21 Plaintiff's Certificate of Other Affiliates Interested Persons by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company identifying Corporate Parent MSPA CLAIMS 1, LLC, a Florida limited liability, Corporate Parent MSP Recovery Series, LLC., is the sole member of MSPA Claims 1, LLC, Other Affiliate MSP Recovery, LLC, a Florida limited liability company for MSPA Claims 1, LLC, a Florida limited liability company; Corporate Parent MSP Recovery Claims, Series LLC, a Delaware series limited liability company, Corporate Parent VRM MSP Recovery Partners, LLC, A Delaware limited liability company, Other Affiliate Virage Recovery Master, LLP, a Delaware Limited Partner, Other Affiliate Virage Recovery, LLC, a Texas limited liability for MSP Recovery Claims, Series LLC; Corporate Parent Hazel Holdings 1 LLC, a Delaware limited liability company, Corporate Parent MSP Recovery Claims, Series 44, a Delaware limited liability company LLC, Other Affiliate Hazel Partners Holdings, LLC, a Delaware limited liability company, is the sole member of MSP Recovery Claims Series 44, LLC for MSP Recovery Claims Series 44, LLC (Susman, Ryan)
August 3, 2023 Opinion or Order Filing 20 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 10/2/2023., Discovery due by 4/30/2024., Expert Discovery due by 4/30/2024., Joinder of Parties due by 10/2/2023., Mediation Deadline 5/14/2024., In Limine Motions due by 8/12/2024., Dispositive Motions due by 5/22/2024., Motions due by 5/22/2024., Pretrial Stipulation due by 8/12/2024., Jury Trial set for 8/26/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 8/20/2024 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/14/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 8/3/2023. 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.
August 3, 2023 Filing 19 Plaintiff's Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company identifying Corporate Parent MSP Recovery Services, LLC., is the sole member of MSPA Claims 1, LLC, Corporate Parent MSPA CLAIMS 1, LLC, a Florida limited liability, Other Affiliate Lionheart II Holdings, LLC, Other Affiliate MSP Recovery, LLC, a Florida limited liability company for MSPA Claims 1, LLC, a Florida limited liability company; Corporate Parent MSP Recovery Claims, Series LLC, a Delaware series limited liability company, Corporate Parent VRM MSP Recovery Partners, LLC, a Delaware limited liability company, Other Affiliate Series MRCS, a designated series of MDA, Series LLC, a Delaware series limited liability company, Other Affiliate Virage Recovery Master, LLP, a Delaware Limited Partner, Other Affiliate Virage Recovery, LLC, a Texas limited liability for MSP Recovery Claims, Series LLC; Corporate Parent MSP Recovery Claims Series 44, LLC, a Delaware series limited liability company, Corporate Parent Hazel Holdings 1 LLC, a Delaware limited liability company, is the sole member of MSP Recovery Claims Series 44, LLC, Other Affiliate Hazel Partners Holdings LLC, a Delaware limited liability company, is the sole member of Hazel Holdings 1, LLC for MSP Recovery Claims Series 44, LLC (Susman, Ryan)
August 3, 2023 Filing 18 Clerk's Notice to Filer re #16 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents 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/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls)
August 3, 2023 Filing 17 Clerk's Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents 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/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ls)
August 3, 2023 Filing 16 Plaintiff's Certificate of Other Affiliates Interested Persons by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company (Susman, Ryan)
August 3, 2023 Filing 15 Plaintiff's Corporate Disclosure Statement by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company (Susman, Ryan)
August 3, 2023 Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by First Acceptance Insurance Company, Inc. (Maus, Kathleen)
August 2, 2023 Filing 13 RESPONSE in Opposition re #8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company. Replies due by 8/9/2023. (Susman, Ryan)
July 27, 2023 Opinion or Order Filing 12 PAPERLESS ORDER denying without prejudice ECF No. #11 Motion for HIPAA Qualified Protective Order for failure to comply with Local Rule 7.1(a)(3). See S.D. Fla. L.R. 7.1(a)(3) Signed by Judge Beth Bloom (sgr)
July 27, 2023 Filing 11 Plaintiff's MOTION for Protective Order HIPPA QUALIFIED by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company. (Susman, Ryan)
July 27, 2023 Filing 10 NOTICE of Attorney Appearance by Ryan Hy Susman on behalf of MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, a Florida limited liability company. Attorney Ryan Hy Susman added to party MSP Recovery Claims Series 44, LLC(pty:pla), Attorney Ryan Hy Susman added to party MSP Recovery Claims, Series LLC(pty:pla), Attorney Ryan Hy Susman added to party MSPA Claims 1, LLC, a Florida limited liability company(pty:pla). (Susman, Ryan)
July 19, 2023 Filing 9 NOTICE of Attorney Appearance by Jonathan Blake Hunter on behalf of First Acceptance Insurance Company, Inc.. Attorney Jonathan Blake Hunter added to party First Acceptance Insurance Company, Inc.(pty:dft). (Hunter, Jonathan)
July 19, 2023 Filing 8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by First Acceptance Insurance Company, Inc.. Responses due by 8/2/2023 (Lavisky, Matthew)
July 18, 2023 Filing 7 NOTICE of Filing State Court Case Docket by First Acceptance Insurance Company, Inc. re #6 Order Requiring Joint Scheduling Report, (Attachments: #1 Docket Sheet Exhibit A) (Maus, Kathleen) Modified Text on 7/19/2023 (ls).
July 13, 2023 Opinion or Order Filing 6 ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. (Joint Scheduling Report due by 8/3/2023). Signed by Judge Beth Bloom on 7/13/2023. See attached document for full details. (nan)
July 13, 2023 Filing 5 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): MSPA Claims 1, LLC, a Florida limited liability company and MSP Recovery Claims Series 44, LLC. (Lavisky, Matthew)
July 13, 2023 Filing 4 Bar Letter re: Admissions sent to attorney Alfredo Armas, mailing date July 13, 2023, (pt)
July 13, 2023 Filing 3 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (nan)
July 12, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (nan)
July 12, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - MSP RECOVERY CLAIMS SERIES, LLC et al V. FIRST ACCEPTANCE INSURANCE COMPANY) Filing fee $ 402.00 receipt number AFLSDC-16760289, filed by First Acceptance Insurance Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Third Amended Complaint and Other state court documents, #3 Exhibit B- Defendant's State Court Motion to Dismiss and other state court documents.)(Lavisky, Matthew) Modified Attachment Description on 7/13/2023 (nan).

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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: John Hasan Ruiz
Represented By: Alfredo Armas
Represented By: Ryan Hy Susman
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Plaintiff: MSPA Claims 1, LLC, a Florida limited liability company
Represented By: Ryan Hy Susman
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Plaintiff: MSP Recovery Claims Series 44, LLC
Represented By: Ryan Hy Susman
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Defendant: First Acceptance Insurance Company, Inc.
Represented By: Matthew John Lavisky
Represented By: Kathleen Johnson Maus
Represented By: Jonathan Blake Hunter
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