Meyrick v. The Phoenix Insurance Company
| Justin J. Meyrick |
| Travelers and The Phoenix Insurance Company |
| 3:2023cv30137 |
| December 29, 2023 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 Opposition Response by Justin J. Meyrick to #15 Answer to Amended Complaint. (Lendon, Tyler) |
| Filing 22 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Plaintiff, proceeding pro se, and counsel for Defendant appear by Zoom for Scheduling Conference held on 2/15/2024. Court adopts the parties' proposed schedule. If the parties would like to participate in court-sponsored mediation, they should file a written request with the court. (Court Reporter: Sarah Mubarek at sarahmubarek@comcast.net.)(Attorneys present: Maselek, Plaintiff (proceeding pro se)) (Healy, Bethaney) |
| Filing 21 Copy re #20 Scheduling Order Set Hearings. Set Motion and R&R Deadlines/Hearings mailed to Plaintiff on 2/15/2024. (Lendon, Tyler) |
| Filing 20 Judge Mark G. Mastroianni: ORDER entered. SCHEDULING ORDER: Amended Pleadings due by 4/15/2024. Discovery to be completed by 5/15/2024. Motions due by 7/15/2024. Set Deadlines as to Responses due by 8/15/2024. Motion Hearing set for 9/17/2024 10:00 AM in Hampden Courtroom In person only before Judge Mark G. Mastroianni. See attached order for details.(Lendon, Tyler) |
| Filing 19 EXHIBIT - Receipts by Justin J. Meyrick. (Figueroa, Tamara) |
| Filing 18 CERTIFICATION pursuant to Local Rule 16.1 by Justin J. Meyrick. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lendon, Tyler) (Attachment 3 replaced on 2/23/2024) (Figueroa, Tamara). |
| Filing 17 CERTIFICATION pursuant to Local Rule 16.1 . (Maselek, Robert) |
| Filing 16 JOINT STATEMENT re scheduling conference . (Maselek, Robert) |
| Filing 15 ANSWER to #14 Amended Complaint by Travelers.(Maselek, Robert) |
| Filing 14 AMENDED COMPLAINT against Travelers, filed by Justin J. Meyrick. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Zamorski, Michael) |
| Filing 13 STATE COURT Record. (Maselek, Robert) |
| Filing 12 Copy re 11 Order on Motion to Amend, mailed to Plaintiff on 01/17/2024. (Figueroa, Tamara) |
| Filing 11 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered ALLOWING #10 Plaintiff's Motion to Amend Complaint by Justin J. Meyrick. Defendant filed an answer in this action on 1/05/2024. Federal Rule of Civil Procedure 15(a)(1)(B) authorizes amendment as a matter of course within 21 days of service of a responsive pleading. Plaintiff's motion was filed on 1/12/2024 and is therefore timely under the rule. The Court is cognizant that Plaintiff is proceeding pro se. However, the amended complaint should still comply with Federal Rule of Civil Procedure 10(b). See, e.g., Pisani v. Van Iderstine, No. 07-187S, 2007 WL 1656248, at *2 (D.R.I. June 6, 2007) (directing a pro se plaintiff to comply with Rule 10). Specifically, Plaintiff (i) should set forth each factual allegation in a separately numbered paragraph, (ii) include separate counts (sections) for each legal cause of action, and (iii) include a title stating that it is an amended complaint. Defendant to respond to the amended complaint within 14 days of filing. (Figueroa, Tamara) |
| Filing 10 MOTION to Amend Complaint by Justin J. Meyrick. (Attachments: #1 Proposed Amended Complaint, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Lendon, Tyler) (Main Document 10 replaced on 1/26/2024) (Figueroa, Tamara). (Attachment 1 replaced on 1/26/2024) (Figueroa, Tamara). |
| Filing 9 Copy re #8 Notice of Scheduling Conference mailed to Plaintiff on 1/10/2024. (Lendon, Tyler) |
| Filing 8 NOTICE of Scheduling Conference Scheduling Conference set for 2/15/2024 10:00 AM Remote only before Judge Mark G. Mastroianni. (Lendon, Tyler) |
| Filing 7 AMENDED DOCUMENT by Travelers. (Certificate of Service re Answer to Complaint). (Maselek, Robert) |
| Filing 6 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered regarding #5 Defendants Answer. According to the certificate of service accompanying the Answer, Defendant only served Plaintiff by ECF and electronic mail. Plaintiff is not represented by counsel, according to Federal Rule of Civil Procedure 5(b)(2)(E) service by electronic mail is only appropriate where the party has given written consent. The record does not indicate that Plaintiff has given consent. If Plaintiff has not given consent, Defendant must serve Plaintiff in the manner prescribed by Federal Rule of Civil Procedure 5(b)(2)(A)-(D). Defendant must file an amended certificate of service or provide documentation of Plaintiffs consent to service by electronic mail by 01/19/2024. (Lendon, Tyler) |
| Filing 5 ANSWER to Complaint by Travelers.(Maselek, Robert) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. (Phillips, Sophie) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Figueroa, Tamara) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Travelers. (Maselek, Robert) |
| Filing 1 NOTICE OF REMOVAL by Travelers ( Filing fee: $ 405, receipt number AMADC-10197676 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Category Form)(Maselek, Robert) |
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