Young v. Owners Insurance Company et al
| Bradley Young |
| Owners Insurance Company, Commerce Insurance Company, Progressive Direct Insurance Company and Progressive Casualty Insurance Company |
| 4:2020cv40134 |
| October 29, 2020 |
| US District Court for the District of Massachusetts |
| Worcester Office |
| Timothy S Hillman |
| Insurance |
| 28 U.S.C. § 2201 |
| Defendant |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 43 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Danieli, Chris) |
| Filing 42 Case transferred in from District of Arizona; Case Number 3:20-cv-08077. |
Filing 41
ORDER - (1) Progressive's motion to dismiss or transfer (Doc. 21) is granted in part and denied in part. (2) Young's claims against Progressive and Commerce are severed, and the Clerk of Court is ordered to transfer Young's claims against Progressive and Commerce to the District of Massachusetts. (3) This Court will retain jurisdiction over Young's claim against Owners. (See document for further details). Signed by Judge Dominic W Lanza on 10/27/2020. (LAD)
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Filing 40
ORDER: Good cause appearing, IT IS ORDERED that Plaintiff's motion for extension of time to serve (Doc. 39 ) is granted. Plaintiff's deadline to serve Defendant Commerce Insurance Company is extended, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, to November 27, 2020. Ordered by Judge Dominic W Lanza on 9/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 38 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Bradley Young. (Greer, Robert) |
| Filing 37 NOTICE re: of Ruling From Massachusett District Court by Owners Insurance Company . (Attachments: #1 Exhibit)(Barrett, Kevin) |
| Filing 36 Summons Issued as to Commerce Insurance Company. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 35 SUMMONS Submitted by Bradley Young. (Greer, Robert) |
| Filing 34 REPLY to Response to Motion re: #21 MOTION to Dismiss Case filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit Exh. A - Prog. Dec Page, #2 Exhibit Exh. B - Prog. Policy)(Riviere, Roger) |
| Filing 33 Corporate Disclosure Statement by Progressive Direct Insurance Company. (Riviere, Roger) |
| Filing 32 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Progressive Direct Insurance Company. (MAW) |
| Filing 31 RESPONSE in Opposition re: #21 MOTION to Dismiss Case filed by Bradley Young. (Attachments: #1 Exhibit Email, #2 Exhibit Answer, #3 Exhibit Declaration)(Greer, Robert) |
| Filing 30 RESPONSE to Motion re: #21 MOTION to Dismiss Case filed by Owners Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Barrett, Kevin) |
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Filing 29
ORDER - IT IS ORDERED that the parties' joint motion to substitute a party (Doc. #27 ) is granted. IT IS FURTHER ORDERED that, pursuant to Rule 21 of the Federal Rules of Civil Procedure, Defendant Progressive Casualty Insurance Company is dropped from this action, and Progressive Direct Insurance Company is added. IT IS FURTHER ORDERED that the Clerk of Court shall update the docket and the caption to reflect this change. IT IS FURTHER ORDERED that the parties' stipulation to extend time (Doc. #28 ) is granted. The deadline for Defendant Owners Insurance Company and Plaintiff Bradley Young to respond to the pending motion to dismiss (Doc. #21 ) is extended to July 30, 2020. Signed by Judge Dominic W Lanza on 7/20/2020. (LAD)
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| Filing 28 STIPULATION To Extend Time To Respond to Motion to Dismiss by Owners Insurance Company. (Attachments: #1 Text of Proposed Order)(Barrett, Kevin) |
| Filing 27 MOTION to Amend/Correct by Bradley Young. (Attachments: #1 Exhibit)(Greer, Robert) |
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Filing 26
AMENDED ORDER: IT IS ORDERED as follows: The parties are directed to confer and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than September 8, 2020. Signed by Judge Dominic W Lanza on 7/14/20. (MAW)
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Filing 25
*AMENDED by Doc. #26 * ORDER: IT IS ORDERED as follows: The parties are directed to confer and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than September 8, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 7/14/20. (MAW) Modified on 7/14/2020 (MAW).
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| Filing 24 * Owner's Corporate Disclosure Statement re: #23 Answer to Amended Complaint by Defendant Owners Insurance Company. (Barrett, Kevin) * Modified to correct event; attorney noticed on 7/15/2020 (LAD). |
| Filing 23 Defendant Owner's ANSWER to #18 Amended Complaint with Jury Demand by Owners Insurance Company.(Barrett, Kevin) |
| Filing 22 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Progressive Casualty Insurance Company. (MAW) |
| Filing 21 MOTION to Dismiss Case by Progressive Casualty Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Riviere, Roger) |
| Filing 20 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Bradley Young Notice of Filing Third Amended Complaint. (Attachments: #1 Exhibit Exhibit A)(Greer, Robert) |
| Filing 19 NOTICE TO FILER OF DEFICIENCY re: #18 Amended Complaint filed by Bradley Young. Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading. FOLLOW-UP ACTION REQUIRED: Please use event Notice of Filing - Amended Pleading (LRCiv 15.1(b)) and attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 18 *Third AMENDED COMPLAINT Third Amended Complaint for Declaratory Relief against All Defendants filed by Bradley Young.(Greer, Robert) *Modified text to reflect "third" on 6/30/2020 (REK). |
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Filing 17
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #16 ) is granted. Defendant Owners Insurance Company's deadline to respond to the Second Amended Complaint is extended to July 6, 2020. Ordered by Judge Dominic W Lanza on 6/25/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 16 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT Second Amended Complaint for Declaratory Relief by Owners Insurance Company. (Attachments: #1 Text of Proposed Order)(Barrett, Kevin) |
| Filing 15 NOTICE of Appearance by Kevin Charles Barrett on behalf of Owners Insurance Company. (Barrett, Kevin) |
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Filing 14
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #13 ) is granted. The deadline for Defendant Progressive Casualty Insurance Company to respond to the Second Amended Complaint is extended to July 6, 2020. Ordered by Judge Dominic W Lanza on 6/16/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 13 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Progressive Casualty Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Extending Deadline to Answer)(Riviere, Roger) |
| Filing 12 SERVICE EXECUTED filed by Bradley Young: Affidavit of Service re: Second Amended Complaint upon Progressive Casualty Insurance Company on May 26, 2020. (Greer, Robert) |
| Filing 11 *SERVICE EXECUTED filed by Bradley Young: Rule 4 Waiver of Service of Summons. Signed by attorney for Defendant Owners Insurance Company on 5/15/20. Date waiver sent not provided . (Greer, Robert) *Modified text on 5/20/2020 (SLQ). |
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Filing 10
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on July 8, 2020, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/28/20. (MAW)
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| Filing 9 AMENDED COMPLAINT Second Amended Complaint against All Defendants filed by Bradley Young.(Greer, Robert) |
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Filing 8
ORDER: IT IS ORDERED that within two weeks of the date of this Order, Plaintiff shall file an amended complaint properly alleging the citizenship of each party. IT IS FURTHER ORDERED that if Plaintiff fails to timely file an amended complaint, the Clerk of the Court shall dismiss this case, without prejudice, for lack of subject matter jurisdiction [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/27/20. (MAW)
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| Filing 7 AMENDED COMPLAINT against All Defendants filed by Bradley Young.(Greer, Robert) |
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Filing 6
ORDER: IT IS ORDERED that no later than April 29, 2020, Plaintiff shall file an amended complaint properly alleging the citizenship of each party. IT IS FURTHER ORDERED that if Plaintiff fails to timely file an amended complaint, the Clerk of the Court, without further notice, shall dismiss this case without prejudice for lack of subject matter jurisdiction [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/15/20. (MAW)
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| Filing 5 Summons Issued as to Owners Insurance Company, Progressive Casualty Insurance Company. (Attachments: #1 Summons)(ARC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) |
| Filing 3 Filing fee paid, receipt number 0970-18156259. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-20-8077-PCT-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) |
| Filing 2 SUMMONS Submitted by Bradley Young. (Greer, Robert) (Attachments: #1 Summons)(ARC) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18156259 filed by Bradley Young. (Greer, Robert) (Attachments: #1 Civil Cover Sheet)(ARC) |
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