Martorana v. Progressive Direct Insurance Company
| Hayley Martorana |
| Progressive Direct Insurance Company |
| 1:2022cv10613 |
| April 25, 2022 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Both |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 70 NOTICE of Withdrawal of Appearance by Amy Judkins (Judkins, Amy) |
| Filing 69 Judge Denise J. Casper: ORDER entered re #66 Stipulated Confidentiality Order filed by Progressive Direct Insurance Company (Hourihan, Lisa) |
| Filing 68 Judge Denise J. Casper: ORDER entered re #67 Stipulation re Order Governing Discovery of Electronically Stored Information by Progressive Direct Insurance Company (Hourihan, Lisa) |
| Filing 67 STIPULATION re Order Governing Discovery of Electronically Stored Information by Progressive Direct Insurance Company. (Wolosz, Justin) |
| Filing 66 STIPULATION re Confidentiality Order by Progressive Direct Insurance Company. (Wolosz, Justin) |
| Filing 65 ELECTRONIC NOTICE Setting Hearing on Motion - Motion Hearing re: Class Certifications set for 5/22/2024 02:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Currie, Haley) |
| Filing 64 ELECTRONIC NOTICE of Hearing - Status Conference set for 1/22/2024 02:30 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Currie, Haley) |
| Filing 63 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 4/3/2023 by videoconference. Court adopts Joint Schedule. Initial disclosures by 4/18/2023. Amended Pleadings due by 6/26/2023. Completion of Fact Discovery due by 1/17/2024. Plaintiff's experts disclosures due by 1/24/2024. Plaintiff's Class Certification Motion due by 1/24/2024. Defendant's expert disclosures due by 3/29/2024. Defendant's opposition to Motion for Class Certification due by 3/29/2024. Plaintiffs reply due by 4/24/2024. Completion of Expert Discovery due by 4/24/2024. Motion for Summary Judgment due by 6/14/2024. Any opposition due 21 days after service of the motion. A Motion Hearing re: Class Certifications set for 5/22/2024 at 2:00 pm. Further Status Conference set for 1/22/2024 at 2:30. (Court Reporter: Debra Joyce at joycedebra@gmail.com.) (Attorneys present: Amy Judkins for Plaintiff. Julia Barrett, Alisson White and Justin Wolosz for Defendants.) (Currie, Haley) |
| Filing 62 REPORT of Rule 26(f) Planning Meeting. (Judkins, Amy) |
| Filing 61 CERTIFICATION pursuant to Local Rule 16.1 . (Cashdan, Jeffrey) |
| Filing 60 CERTIFICATION pursuant to Local Rule 16.1 . (Judkins, Amy) |
| Filing 59 REPORT of Rule 26(f) Planning Meeting. (Judkins, Amy) |
| Filing 58 ANSWER to #10 Amended Complaint by Progressive Direct Insurance Company.(Cashdan, Jeffrey) |
| Filing 57 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference(Hourihan, Lisa) |
| Filing 56 Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) |
| Filing 55 NOTICE of Scheduling Conference. Scheduling Conference set for 4/3/2023 03:30 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa) |
| Filing 54 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS Progressive's partial motion to dismiss as to Count I, only to the extent Count I relies upon Mass. Gen. L. c. 176D, 3(9)(c) and (g), and as to Count IV, the request for declaratory relief, and otherwise DENIES the motion, D. 24. (Hourihan, Lisa) |
| Filing 53 NOTICE by Hayley Martorana of Supplemental Authority (Attachments: #1 Exhibit Order)(Shamis, Andrew) |
| Filing 52 Notice of Supplemental Authorities re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Order)(Shamis, Andrew) |
| Filing 51 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 12/1/2022 re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Direct Insurance Company. Arguments. Court takes under advisement #24 Motion to Dismiss for Failure to State a Claim. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Jacob Phillips for the plaintiff. Allison White, Justin Wolosz and Jeffrey Cashdan for the defendant.) (Hourihan, Lisa) |
| Filing 50 ELECTRONIC NOTICE Resetting Hearing on Motion #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 12/1/2022 12:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 49 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #48 Motion to Continue Hearing on Motion to Dismiss (Hourihan, Lisa) |
| Filing 48 Consent MOTION to Continue Hearing on Defendant's Partial MTD Am. Compl. to December 1, 2, 7 or 8 by Hayley Martorana.(Phillips, Jacob) |
| Filing 47 ELECTRONIC NOTICE Canceling Hearing. In light of bad weather and the cancellation of flights, counsel has requested a continuance of the hearing date. Counsel to confer and file a motion to continue with several agreed upon dates. The motion hearing set for 11/10/22 is canceled. (Hourihan, Lisa) |
| Filing 46 CORPORATE DISCLOSURE STATEMENT by Progressive Direct Insurance Company identifying Corporate Parent The Progressive Corporation, Corporate Parent Progressive Direct Holdings, Inc. for Progressive Direct Insurance Company.. (Wolosz, Justin) |
| Filing 45 Notice of Supplemental Authorities re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit 1- Order and Opinion filed in Volino et al., v. Progressive Casualty Ins. Co. et al., No. 21-cv-6243-LGS, Dkt. No. 152 (S.D.N.Y. October 6, 2022))(Shamis, Andrew) |
| Filing 44 Proposed Notice of Supplemental Authorities re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit 1- Order and Opinion filed in Williams v. Progressive Direct Ins. Co., No. 1:22-cv-00510-MAK, Dkt. No. 32-33, #2 Exhibit 2- Order and Opinion filed in Clippinger v. State Farm Mutual Automobile Insurance Co., No. 2:20-cv-02482-TLP-cgc, Dkt. No. 128)(Shamis, Andrew) |
| Filing 43 REPLY to Response to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Direct Insurance Company. (Wolosz, Justin) |
| Filing 42 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #41 Motion for Leave to File Reply in Support of Motion to Dismiss by Progressive Direct Insurance Company; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 41 MOTION for Leave to File Reply in Support of Motion to Dismiss by Progressive Direct Insurance Company. (Attachments: #1 Proposed Reply Brief)(Wolosz, Justin) |
| Filing 40 NOTICE of Appearance by Jacob Phillips on behalf of Hayley Martorana (Phillips, Jacob) |
| Filing 39 NOTICE by Hayley Martorana re #34 Response to Motion of Filing Supplemental Authority (Attachments: #1 Exhibit Order and Opinion filed in Brown v. Progressive Mount. Ins. Co., No. 3:21-cv-175-TCB, Dkt. No. 43)(Shamis, Andrew) |
| Filing 38 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice Added Jacob L. Phillips. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Jacob L. Phillips Filing fee: $ 100, receipt number AMADC-9460090 by Hayley Martorana. (Attachments: #1 Affidavit of Jacob L. Phillips)(Ryan, Elizabeth) |
| Filing 36 ELECTRONIC NOTICE Setting Hearing on Motion #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 11/10/2022 02:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 35 NOTICE of Appearance by Edwin Lee Lowther, III on behalf of Hayley Martorana (Lowther, Edwin) |
| Filing 34 RESPONSE to Motion re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hayley Martorana. (Bates, Joseph) |
| Filing 33 NOTICE of Appearance by Joseph Henry (Hank) Bates, III on behalf of Hayley Martorana (Bates, Joseph) |
| Filing 32 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #27 Motion for Leave to Appear Pro Hac Vice Added Edwin Lee Lowther, III. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) |
| Filing 31 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #26 Motion for Leave to Appear Pro Hac Vice Added Joseph Henry (Hank) Bates, III. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 30 NOTICE of Appearance by Amy Judkins on behalf of Hayley Martorana (Judkins, Amy) |
| Filing 29 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #28 Motion for Extension of Time to 8/17/22 to file response to motion to dismiss (Hourihan, Lisa) |
| Filing 28 MOTION for Extension of Time to August 17, 2022 to File Opposition to Motion to Dismiss (Unopposed) by Hayley Martorana.(Ryan, Elizabeth) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of Edwin Lee Lowther, III Filing fee: $ 100, receipt number AMADC-9431725 by Hayley Martorana. (Attachments: #1 Exhibit A - Certification of Edwin Lee Lowther, III)(Ryan, Elizabeth) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice for admission of Joseph Henry (Hank) Bates, III Filing fee: $ 100, receipt number AMADC-9431710 by Hayley Martorana. (Attachments: #1 Exhibit A - Certification of Joseph Henry (Hank) Bates, III)(Ryan, Elizabeth) |
| Filing 25 MEMORANDUM in Support re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Direct Insurance Company. (Wolosz, Justin) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Progressive Direct Insurance Company.(Wolosz, Justin) |
| Filing 23 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #22 Motion for Leave to Appear Pro Hac Vice Added Amy L. Judkins. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice for admission of Amy L. Judkins Filing fee: $ 100, receipt number AMADC-9429699 by Hayley Martorana. (Attachments: #1 Affidavit of Amy L. Judkins)(Ryan, Elizabeth) |
| Filing 21 NOTICE of Appearance by Allison Hill White on behalf of Progressive Direct Insurance Company (White, Allison) |
| Filing 20 NOTICE of Appearance by Andrew Shamis on behalf of Hayley Martorana (Shamis, Andrew) |
| Filing 19 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Julia C. Barrett; #15 Motion for Leave to Appear Pro Hac Vice Added Zachary A. McEntyre; granting #17 Motion for Leave to Appear Pro Hac Vice Added James Matthew Brigman. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.granting #16 Motion for Leave to Appear Pro Hac Vice Added Allison Hill White. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) |
| Filing 18 NOTICE OF ATTORNEY PAYMENT OF FEES as to #12 MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey S. Cashdan by Defendant Progressive Direct Insurance Company. Filing fee $ 100, receipt number AMADC-9411149. Payment Type : PRO HAC VICE. (Wolosz, Justin) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of James Matthew Brigman Filing fee: $ 100, receipt number AMADC-9411031 by Progressive Direct Insurance Company. (Attachments: #1 Ex. A - Certification of James Matthew Brigman)(Wolosz, Justin) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice for admission of Allison Hill White Filing fee: $ 100, receipt number AMADC-9411009 by Progressive Direct Insurance Company. (Attachments: #1 Ex. A - Certification of Allison Hill White)(Wolosz, Justin) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice for admission of Zachary A. McEntyre Filing fee: $ 100, receipt number AMADC-9410998 by Progressive Direct Insurance Company. (Attachments: #1 Ex. A - Certification of Zachary A. McEntyre)(Wolosz, Justin) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice for admission of Julia C. Barrett Filing fee: $ 100, receipt number AMADC-9410960 by Progressive Direct Insurance Company. (Attachments: #1 Ex. A. Certification of Julia C. Barrett)(Wolosz, Justin) |
| Filing 13 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #12 Motion for Leave to Appear Pro Hac Vice Added Jeffrey S. Cashdan. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice for admission of Jeffrey S. Cashdan by Progressive Direct Insurance Company. (Attachments: #1 Ex A. - Certification of Jeffrey S. Cashdan)(Wolosz, Justin) |
| Filing 11 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #9 Motion to Set a Briefing Schedule. 1. Plaintiff is granted leave to amend the complaint. Plaintiff shall file the Amended Complaint by June 27, 2022. 2. In light of the forthcoming Amended Complaint, Progressive Direct is relieved of the obligation to respond to the original complaint. 3. Progressive Direct will answer or otherwise respond to the Amended Complaint by July 27, 2022. (Hourihan, Lisa) |
| Filing 10 AMENDED COMPLAINT against Progressive Direct Insurance Company, filed by Hayley Martorana. (Attachments: #1 Exhibit A - Massachusetts Automobile Insurance Policy, #2 Exhibit B - Vehicle Valuation Report)(Ryan, Elizabeth) |
| Filing 9 Joint MOTION to Set Schedule for the Filing of Amended Complaint and Response by Progressive Direct Insurance Company.(Wolosz, Justin) |
| Filing 8 NOTICE of Appearance by Justin J. Wolosz on behalf of Progressive Direct Insurance Company (Wolosz, Justin) |
| Filing 7 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Andrew J. Shamis. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Andrew J. Shamis Filing fee: $ 100, receipt number AMADC-9308593 by Hayley Martorana. (Attachments: #1 Affidavit of Andrew J. Shamis)(Ryan, Elizabeth) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Hayley Martorana. Progressive Direct Insurance Company waiver sent on 4/28/2022, answer due 6/27/2022. (Ryan, Elizabeth) |
| Filing 4 Summons Issued as to Progressive Direct Insurance Company. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 2 Civil Cover Sheet & Category Sheet re #1 Complaint, by Hayley Martorana. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Ryan, Elizabeth) |
| Filing 1 COMPLAINT Class Action Complaint against Progressive Direct Insurance Company Filing fee: $ 402, receipt number AMADC-9289081 (Fee Status: Filing Fee paid), filed by Hayley Martorana. (Attachments: #1 Exhibit Ex. A - Policy, #2 Exhibit Ex. B - MVR)(Ryan, Elizabeth) |
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