Clemens v. Progressive Direct Insurance Company et al
| Cynta D Clemens |
| Progressive Direct Insurance Company, Michelle Pinto and Caitlyn Griffin |
| 1:2021cv11798 |
| November 5, 2021 |
| US District Court for the District of Massachusetts |
| George A OToole |
| Leo T Sorokin |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on July 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 35 District Judge Leo T. Sorokin: ORDER entered. JUDGMENT (Belmont, Kellyann) (Main Document 35 replaced on 7/28/2022) (Belmont, Kellyann). |
| Filing 34 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. By an Order issued on July 12, 2022, Doc. No. #32 , the Court dismissed sua sponte Counts III-VI of the amended complaint as to Defendant Michelle Pinto and remanded the surviving state law claims to state court. Recognizing that the Plaintiff had not yet had an opportunity to oppose the dismissal of these claims, the Court held in abeyance the dismissal and remand and allowed the Plaintiff to file an opposition within fourteen days explaining why the federal claims against Defendant Michelle Pinto were not futile. See Doc. No. #32 at 9, 14-15. The fourteen-day deadline has passed, and the Plaintiff has filed no response. Therefore, the Court lifts its stay of the dismissal and remand. Separate judgment shall issue, and the Clerk shall close the case. (Belmont, Kellyann) |
| Filing 33 Set Deadlines: Opposition due by 7/26/2022. (Dore, Samantha) |
| Filing 32 District Judge Leo T. Sorokin: ORDER entered. ORDER ON PENDING MOTIONS (DOC. NOS. #13 , #18 , [22[, #23 , #25 ) In summary, the Progressive Defendants Motion to Dismiss (Doc. No. 13) is ALLOWED for lack of service as to all counts naming these defendants. Counts III-VI (the MCRA claim and the three federal claims) of the amended complaint are DISMISSED as to all defendants and this action is REMANDED to state court. However, the Court HOLDS IN ABEYANCE the dismissal of Pinto from these claims and remand.The Plaintiffs Motion to Remand (Doc. No. 18), Motion for an Extension of Time to Complete Service (Doc. No. 22), and Motion to Show Cause (Doc. No. 25) are DENIED.Finally, Defendant Pintos Motion for Leave to File a Response (Doc. No. 23) is DENIED AS MOOT.(Dore, Samantha) |
| Filing 31 ELECTRONIC NOTICE of Reassignment. District Judge Leo T. Sorokin added. Judge George A. OToole, Jr no longer assigned to case. (Finn, Mary) |
| Filing 30 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Pursuant to 28 USC sec. 455(b)(4), I recuse myself from participation in this matter and direct the Clerk forthwith to reassign the case randomly to another District Judge.(Lyness, Paul) |
| Filing 29 RESPONSE to Motion re #18 MOTION to Remand to State Court /Objection to Defendants' Removal to Federal Court filed by Michelle Pinto. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Coletti, Carroll) |
| Filing 28 Letter/Non-Motion from Attorney Colleen S. Nicholson. (Geraldino-Karasek, Clarilde) |
| Filing 27 Opposition re #25 MOTION for Order to Show Cause filed by Michelle Pinto. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Coletti, Carroll) |
| Filing 26 Opposition re #22 MOTION for Extension of Time to MARCH 31, 2022 to FOR SERVICE filed by Caitlyn Griffin, Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Melville, Michael) |
| Filing 25 MOTION for Order to Show Cause by Cynta D Clemens. (Attachments: #1 Exhibit A - F)(Amadi, Benneth) |
| Filing 24 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #23 MOTION for Extension of Time to January 10, 2022 to File Response/Reply as to #18 MOTION to Remand to State Court /Objection to Defendants' Removal to Federal Court by Carroll D. Coletti on behalf of Michelle Pinto. (Coletti, Carroll) |
| Filing 23 MOTION for Extension of Time to January 10, 2022 to File Response/Reply as to #18 MOTION to Remand to State Court /Objection to Defendants' Removal to Federal Court by Michelle Pinto.(Coletti, Carroll) |
| Filing 22 MOTION for Extension of Time to MARCH 31, 2022 to FOR SERVICE by Cynta D Clemens. (Attachments: #1 Exhibit A)(Amadi, Benneth) |
| Filing 21 Opposition re #18 MOTION to Remand to State Court /Objection to Defendants' Removal to Federal Court filed by Caitlyn Griffin, Progressive Direct Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Melville, Michael) |
| Filing 20 NOTICE of Appearance by Carroll D. Coletti on behalf of Michelle Pinto (Coletti, Carroll) |
| Filing 19 NOTICE by Caitlyn Griffin of Consent to Removal (Melville, Michael) |
| Filing 18 MOTION to Remand to State Court /Objection to Defendants' Removal to Federal Court by Cynta D Clemens. (Attachments: #1 Exhibit A - G)(Amadi, Benneth) |
| Filing 17 STATE COURT Record. (Melville, Michael) |
| Filing 16 NOTICE of Appearance by Corey J. Lavallee on behalf of Caitlyn Griffin, Progressive Direct Insurance Company (Lavallee, Corey) |
| Filing 15 NOTICE of Appearance by Michael S. Melville on behalf of Caitlyn Griffin (Melville, Michael) |
| Filing 14 MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Corrected) filed by Caitlyn Griffin, Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Melville, Michael) |
| Filing 13 (CORRECTED) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Corrected) by Caitlyn Griffin, Progressive Direct Insurance Company.(Melville, Michael) Modified docket text on 11/17/2021 in accordance with motion filed.(Geraldino-Karasek, Clarilde). |
| Filing 12 MEMORANDUM in Support re #11 MOTION to Dismiss COUNTS III, IV, V AND VI OF THE PLAINTIFFS AMENDED COMPLAINT filed by Caitlyn Griffin, Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Melville, Michael) |
| Filing 11 (SEE CORRECTED MOTION -DOCKET NO. #13 ) MOTION to Dismiss COUNTS III, IV, V AND VI OF THE PLAINTIFFS AMENDED COMPLAINT by Caitlyn Griffin, Progressive Direct Insurance Company.(Melville, Michael) Modified docket text on 11/17/2021 to cross-reference corrected motion filed #13 . (Geraldino-Karasek, Clarilde). |
| Filing 10 NOTICE of Appearance by Michael S. Melville on behalf of Caitlyn Griffin (Melville, Michael) |
| Filing 9 NOTICE by Michelle Pinto Consent of Removal (Galas, Walter) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Progressive Direct Insurance Company identifying Corporate Parent Progressive Direct Holdings, Inc., Corporate Parent Progressive Corporation for Progressive Direct Insurance Company.. (Melville, Michael) |
| Filing 7 Civil Cover Sheet & Category Sheet re #1 Notice of Removal, by Progressive Direct Insurance Company. (Melville, Michael) |
| Filing 6 Civil Cover Sheet & Category Sheet re #1 Notice of Removal, by Progressive Direct Insurance Company. (Melville, Michael) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (McManus, Caetlin) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 3 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format both a Local Category Form & a Civil Cover Sheet. Both forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (McManus, Caetlin) |
| Filing 2 NOTICE of Appearance by Michael S. Melville on behalf of Progressive Direct Insurance Company (Melville, Michael) |
| Filing 1 NOTICE OF REMOVAL by Progressive Direct Insurance Company ( Filing fee: $ 402, receipt number AMADC-9044893 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Melville, Michael) (Additional attachment(s) added on 11/5/2021: #8 Civil Cover Sheet, #9 Category Sheet) (Healy, Bethaney). |
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