Byrd et al v. Progressive Direct Insurance Company et al
| Bethany Byrd, Taylor Brooks, Sandra Vance and Destiny Hicks |
| Progressive Direct Insurance Company, Progressive Casualty Insurance Company and Progressive Paloverde Insurance Company |
| 3:2020cv00119 |
| February 12, 2020 |
| US District Court for the Western District of Kentucky |
| David J Hale |
| Colin H Lindsay |
| Justin R Walker |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2021. A more recent docket listing may be available from PACER.
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Filing 45
ORDER by Judge David J. Hale on 10/28/21: This action is DISMISSED with prejudice and STRICKEN from the Court's active docket. cc: Counsel (DJT)
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Filing 44
STIPULATION Stipulated Dismissal with Prejudice of Plaintiffs' Claims (Attachments: #1 Proposed Order) by Progressive Casualty Insurance Company, Progressive Paloverde Insurance Company. (Collignon, Casie)
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Filing 43
ORDER by Judge David J. Hale on 10/14/2021: This action is DISMISSED without prejudice. The parties shall tender an agreed order of dismissal with prejudice within fourteen (14) days of entry of this Order. cc: Counsel (DLW)
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Filing 42
Joint STATUS REPORT Regarding Settlement by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company. (Collignon, Casie)
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Filing 41
ORDER signed by Magistrate Judge Colin H. Lindsay on 7/8/21; granting #40 Motion to Stay: Parties' Stipulated Motion to Extend Stay Pending Mediation (DN #40 ) is GRANTED. This action is stayed through 10/12/2021. No later than 10/12/2021, the Parties shall file a joint status report with the Court regarding whether the matter is resolved. Defendants' deadline to answer or otherwise respond to Plaintiffs' First Amended Complaint is extended through 11/22/2021. cc: Counsel(DJT)
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Filing 40
Joint MOTION to Stay re #34 Order on Motion to Stay, #36 Order on Motion for Extension of Time to File, (Motion to Extend Stay) by Defendants Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company (Attachments: #1 Proposed Order) (Collignon, Casie)
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Filing 39
Joint STATUS REPORT re Mediation by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company. (Collignon, Casie)
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Filing 38
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 6/22/2021. The Court having reviewed the Parties' Joint Status Report (DN 37), IT IS HEREBY ORDERED that the Parties shall file a joint status report advising the Court of the date of their scheduled private mediation no later than July 2, 2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 37
Joint STATUS REPORT by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company. (Collignon, Casie)
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Filing 36
ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME TO FILE JOINT STATUS REPORT AND STAY CASE PENDING MEDIATION Signed by Magistrate Judge Colin H. Lindsay on 5/23/2021 granting #35 Motion for Extension of Time. The Parties' #35 Stipulated Motion for Extension of Time to File a Joint Status Report and Stay Case Pending Mediation is GRANTED. This action is stayed through 8/20/2021. The Parties shall file a joint status report advising the Court of the date of their scheduled private mediation no later than 6/14/2021. No later than ten days after the conclusion of their private mediation, the Parties shall file a joint status report with the Court. Defendants' deadline to answer or otherwise respond to Plaintiffs' First Amended Complaint is extended through 9/20/2021. cc: Counsel (DLW)
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Filing 35
Consent MOTION for Extension of Time to File Joint Status Report and Stay Case Pending Mediation by Defendants Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company (Attachments: #1 Proposed Order) (Collignon, Casie)
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Filing 34
ORDER Signed by Magistrate Judge Colin H. Lindsay on 4/16/2021: The Parties' #33 Stipulated Motion to Stay Case Pending Mediation is GRANTED. This action is stayed through 7/12/2021, and the 5/4/2021, status conference is REMANDED. The Parties shall file a joint status report advising the Court of the date of their scheduled private mediation no later than 5/14/2021. Defendants' deadline to answer or otherwise respond to Plaintiffs' First Amended Complaint is extended through 8/11/2021. cc: Counsel (DLW)
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Filing 33
Joint MOTION to Stay Case Pending Mediation by Defendants Progressive Casualty Insurance Company, Progressive Paloverde Insurance Company (Attachments: #1 Proposed Order) (Collignon, Casie)
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Filing 32
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 4/12/2021. A telephonic status conference is scheduled for 5/4/2021 10:30 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
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Filing 31
MEMORANDUM OPINION AND ORDER Signed by Judge David J. Hale on 3/31/2021: Defendants' #26 motion to dismiss is GRANTED as to Plaintiffs' breach-of-contract and declaratory-judgment claims (Counts I and III), Byrd's MVRA claim (Count II), and Vance and Hicks's MVRA claims for 18% interest and attorney fees for damages accrued prior to the Sanders decision (Count II). Those claims are DISMISSED. Defendants' motion is DENIED as to Vance and Hicks's MVRA claims for 18% interest and attorney fees for damages accrued post-Sanders and Hicks's remaining MVRA claim (Count II). This matter is referred back to Magistrate Judge Colin H. Lindsay, to conduct a status conference. The final schedule shall include a settlement conference. cc: Counsel, CHL-CM (DLW)
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Filing 30
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to the reassignment protocol set forth in GO 20-16, this matter is reassigned to the docket of Judge David J. Hale for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 29
REPLY re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company. (Collignon, Casie)
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Filing 28
RESPONSE to Motion re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bethany Byrd. (Aguiar, Sam)
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Filing 27
NOTICE of Filing Proposed Order by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company re #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Proposed Order) (Collignon, Casie)
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Filing 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company (Attachments: #1 Exhibit A - Progressive Direct PIP Payment Log - Byrd, #2 Exhibit B - Progressive Casualty PIP Payment Log - Hicks, #3 Exhibit C - Progressive Paloverde Payment Log - Vance) (Collignon, Casie) (Additional attachment(s) added on 7/28/2020: #4 Proposed Order) (DLW).
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Filing 25
ORDER Signed by Magistrate Judge Colin H. Lindsay on 7/9/2020 granting #22 and #24 Proposed Agreed Orders: Defendants shall respond to Plaintiffs' First Amended Complaint #20 on or before 7/24/2020. cc: Counsel (JM)
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Filing 24
SECOND STIPULATION AND AGREED ORDER re #20 Amended Complaint, Extending Responsive Pleading Deadline by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company. (Collignon, Casie)
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Filing 23
SUMMONS Returned Executed by Bethany Byrd. Progressive Paloverde Insurance Company served on 6/9/2020, answer due 6/30/2020. (Attachments: #1 Exhibit Proof of Service - Progressive Paloverde) (Aguiar, Sam)
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Filing 22
Proposed Agreed Order Extending Responsive Pleading Deadline by Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Paloverde Insurance Company. (Steinmetz, Robert)
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Filing 21
Summons Issued as to Progressive Paloverde Insurance Company. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DLW)
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Filing 20
FIRST AMENDED COMPLAINT against Progressive Casualty Insurance Company, Progressive Direct Insurance Company, and Progressive Paloverde Insurance Company, filed by Bethany Byrd, Sandra Vance, Destiny Hicks. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Summons Tendered) (DLW)
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Filing 19
TEXT ORDER Signed by Judge Justin R. Walker. The Court GRANTS Progressive's unopposed motion (DN #18 ). The Court DENIES as moot Plaintiffs' motion for leave to file the First Amended Complaint (DN #16 ). The Court DIRECTS the Clerk to file the proposed First Amended Complaint (DN #16 -2) and the exhibits (DN #16 -3). The Court DENIES as moot the motion to dismiss (DN #15 ). Progressive's deadline for responding to the First Amended Complaint is June 12, 2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (MEJ)
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Filing 18
Unopposed MOTION for Extension of Time to File Answer to First Amended Complaint; Unopposed MOTION to Grant Motion for Leave to File First Amended Complaint; Unopposed MOTION to Deny as Moot Motion to Dismiss by Defendants Progressive Casualty Insurance Company, Progressive Direct Insurance Company (Attachments: #1 Proposed Order) (Winquist, Justin). Added additional motion reliefs on 5/22/2020 (JM).
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Filing 17
RESPONSE to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bethany Byrd. (Attachments: #1 Exhibit Proposed First Amended Complaint) (Aguiar, Sam)
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Filing 16
MOTION for Leave to File Amended Complaint, by Plaintiff Bethany Byrd (Attachments: #1 Proposed Order, #2 Exhibit Amended Complaint, #3 Exhibit Exhibits to Amended Complaint, #4 Summons to Progressive Paloverde) (Aguiar, Sam) Modified event and text on 5/13/2020 (DLW).
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Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Progressive Casualty Insurance Company, Progressive Direct Insurance Company (Attachments: #1 Exhibit A - Medical Payments Detail, #2 Proposed Order) (Collignon, Casie)
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Filing 14
TEXT ORDER by Judge Justin R. Walker. The Court strongly encourages all attorneys and their clients to provide substantive speaking opportunities to less experienced attorneys. Newer attorneys often do not have many opportunities to appear and argue in court. Although oral argument is not necessary for ruling on most motions, the Court will hold oral argument if a party (a) requests it in accordance with LR 7.1(f); and (b) commits to entrusting the argument to an attorney who graduated from law school no more than six years ago. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (MEJ)
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Filing 13
ORDER Signed by Magistrate Judge Colin H. Lindsay on 4/1/2020 granting #11 Stipulation and Agreed Order Extending Answer Deadline. Defendants shall respond to Plaintiffs' Complaint DN #1 on or before 5/1/2020. cc: Counsel (DLW)
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Filing 12
TEXT ORDER by Judge Justin R. Walker on 3/31/2020. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters pending before the Court in this action. Further, the Court authorizes Judge Colin H. Lindsay to conduct a settlement conference in this matter at any time. Additionally, the Court reminds the parties that they may consent to Magistrate Judge jurisdiction in this matter at any time in accordance with 28 U.S.C. 636(c)(1) and LR 73.1. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (MEJ)
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Filing 11
Proposed Agreed Order and Stipulation Extending Answer Deadline by Progressive Casualty Insurance Company. (Steinmetz, Robert)
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Filing 10
TEXT ORDER Signed by Judge Justin R. Walker. Defendants' Motions for Pro Hac Vice are granted (DN #8 Casie D. Collignon and DN #9 Justin T. Winquist) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (MEJ)
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Filing 9
MOTION for Attorney Justin T. Winquist to Appear Pro Hac Vice; Filing fee $ 125.00 (receipt # L33063360) by Defendants Progressive Casualty Insurance Company, Progressive Direct Insurance Company. (Attachments: #1 Ceritficates of Good Standing, #2 Proposed Order) (JM)
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Filing 8
MOTION for Attorney Casie D. Collignon to Appear Pro Hac Vice, Filing fee $125 (receipt number L33063305), by Defendants Progressive Casualty Insurance Company and Progressive Direct Insurance Company. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (DLW)
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Filing 7
NOTICE of Appearance by C. David Ewing on behalf of Taylor Brooks, Bethany Byrd (Ewing, C.)
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Filing 6
NOTICE of Appearance by Damon B. Willis on behalf of Taylor Brooks, Bethany Byrd (Willis, Damon)
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Filing 5
SUMMONS Returned Executed by Bethany Byrd, Taylor Brooks. Progressive Casualty Insurance Company served on 2/21/2020, answer due 3/13/2020. (Attachments: #1 Exhibit Proof of Service - Progressive Casualty) (Aguiar, Sam)
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Filing 4
SUMMONS Returned Executed by Bethany Byrd, Taylor Brooks. Progressive Direct Insurance Company served on 2/21/2020, answer due 3/13/2020. (Attachments: #1 Exhibit Proof of Service - Progressive Direct) (Aguiar, Sam)
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Filing 3
Summons Issued as to Progressive Casualty Insurance Company, Progressive Direct Insurance Company. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons as to Progressive Casualty) (DJT)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (DJT)
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Filing 1
COMPLAINT against Progressive Casualty Insurance Company, Progressive Direct Insurance Company Filing fee $ 400, receipt number 0644-3042192., filed by Bethany Byrd, Taylor Brooks. (Attachments: #1 Cover Sheet, #2 Exhibit A - Market Conduct Exam, #3 Exhibit B - Agreed Order from DOI, #4 Exhibit C - Paper Reviews) (DJT)
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