Peck v. Progressive Northern Insurance Company et al
| Jeremy Peck |
| Progressive Northern Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, National Continental Insurance Company and United Financial Casualty Company |
| 1:2022cv00490 |
| July 1, 2022 |
| US District Court for the District of New Mexico |
| Kirtan Khalsa |
| Kea W Riggs |
| John F Robbenhaar |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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Filing 39
CERTIFICATE OF SERVICE by Progressive Casualty Insurance Company First Amended Responses To Plaintiff's First Set of Interrogatories (Allen, Meena)
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Filing 38
CERTIFICATE OF SERVICE by Progressive Direct Insurance Company First Set of Interrogatories and Requests for Production to Plaintiff (Allen, Meena)
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Filing 37
CERTIFICATE OF SERVICE by Progressive Advanced Insurance Company Answers and Responses to Plaintiffs First and Second Requests for Production (Allen, Meena)
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Filing 36
CERTIFICATE OF SERVICE by Jeremy Peck OF PLAINTIFFS SECOND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS, DATED AUGUST 10, 2023 (Biscup, Thomas)
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Filing 35
CERTIFICATE OF SERVICE by Jeremy Peck of Plaintiff's First Requests for Production and First Interrogatories to Defendants (Biscup, Thomas)
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Filing 34
CERTIFICATE OF SERVICE by National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company Initial Disclosures (Allen, Meena)
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Filing 33
CERTIFICATE OF SERVICE by Jeremy Peck of initial disclosures (Biscup, Thomas) Modified text on 6/1/2023 (bap).
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Filing 32
ORDER ADOPTING JOINT STATUS REPORT AND PROVISIONAL DISCOVERY PLAN WITH CHANGES AND SETTING CASE MANAGEMENT DEADLINES by Magistrate Judge John F. Robbenhaar. Written Discovery due by 10/31/2023. Phase One Fact Discovery due by 11/30/2023. Plaintiff's Expert Witness List due by 12/31/2023. Defendants' Expert Witness List due by 2/15/2024. Phase One Class Expert Discovery due by 3/15/2024. Motion for Class Certification due by 4/1/2024. (ajp)
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Filing 31
Clerk's Minutes for proceedings held before Magistrate Judge John F. Robbenhaar: Telephone Scheduling Conference held on 5/9/2023. (ajp)
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Filing 30
Joint Status Report and Provisionary Discovery by Progressive Advanced Insurance Company (Allen, Meena)
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Filing 29
Defendants' ANSWER to Complaint (Notice of Removal) Plaintiff's Class Action Complaint by Progressive Advanced Insurance Company. (Allen, Meena)
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Filing 28
NOTICE by Progressive Casualty Insurance Company of Extension to File Answer (Allen, Meena)
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Filing 27
INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Telephone Scheduling Conference set for 5/9/2023 at 03:30 PM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at (888) 363-4735, Access Code 2387395, to connect to the proceedings. Joint Status Report due by 5/1/2023. (ajp)
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Filing 26
MEMORANDUM OPINION AND ORDER by District Judge Kea W. Riggs. Defendants' #15 Motion to Dismiss Plaintiff's Class Action Complaint is GRANTED IN PART AND DENIED IN PART as set forth in this Memorandum Opinion and Order. Count II in the Complaint is DISMISSED WITH PREJUDICE. (ve)
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Filing 25
Corporate Disclosure Statement by National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company (Allen, Meena)
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Filing 24
NOTICE of Briefing Complete by Progressive Casualty Insurance Company re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Direct Insurance Company, Progressive Classic Insurance Company, Progressive Northwestern Insurance Company, Progressive West Insurance Company, Progressive Casualty Insurance Company, Progressive Advanced Insurance Company, Progressive Specialty Insurance Company, Progressive Max Insurance Company, National Continental Insurance Company, United Financial Casualty Company, Progressive Northern Insurance Company, Progressive Preferred Insurance Company, Progressive Commerical Casualty Company (Allen, Meena)
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Filing 23
RESPONSE in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Progressive Advanced Insurance Company. (Allen, Meena)
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Filing 22
NOTICE by Progressive Classic Insurance Company Extension to File Reply to Brief ISO MTD (Allen, Meena)
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Filing 21
RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jeremy Peck. (Biscup, Thomas)
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Filing 20
NOTICE by Jeremy Peck re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 Memorandum in Support,, #19 Notice (Other) Supplemental Notice of Extension to Respond (Biscup, Thomas)
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Filing 19
NOTICE by Jeremy Peck re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 Memorandum in Support,, Notice of Extension to Respond (Biscup, Thomas)
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Filing 18
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States District Judge David H. Urias no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 17
ORDER FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge John F. Robbenhaar. (ajp)
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Filing 16
MEMORANDUM in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Attachments: #1 Exhibit A) (Allen, Meena)
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Filing 15
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company. (Allen, Meena)
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Filing 14
NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 12. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
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Filing 13
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge David H. Urias as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 11
NOTICE of Appearance by Meena H Allen on behalf of All Defendants (Allen, Meena)
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Filing 10
NOTICE of Appearance by Meena H Allen on behalf of All Defendants (Allen, Meena)
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Filing 9
ASSOCIATION of Attorney Licensed Outside the District for Defendants National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company by Meena H Allen on behalf of: Sarah Spring BAKER & HOSTETLER LLP Key Tower, 127 Public Square, Suite 2000Cleveland, OH 44114 (216) 621-0200 sspring@bakerlaw.com (Association Dues - Online Payment) (Allen, Meena)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 8
ASSOCIATION of Attorney Licensed Outside the District for Defendants National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company by Meena H Allen on behalf of: Dante A. Marinucci Baker & Hostetler LLP Key Tower, 127 Public Square, Suite 2000Cleveland, OH 44114 (216) 621-0200 dmarinucci@bakerlaw.com (Association Dues - Online Payment) (Allen, Meena)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 7
NOTICE of Appearance by Meena H Allen on behalf of All Defendants (Allen, Meena)
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Filing 6
Corporate Disclosure Statement by National Continental Insurance Company, Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance Company, Progressive Commerical Casualty Company, Progressive Direct Insurance Company, Progressive Max Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Preferred Insurance Company, Progressive Specialty Insurance Company, Progressive West Insurance Company, United Financial Casualty Company (Allen, Meena)
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Association Dues Received: $ 100 receipt number ANMDC-8364670 re: # 8 Association of Attorney Licensed Outside the District,,, filed by Progressive Direct Insurance Company, Progressive Classic Insurance Company, Progressive Northwestern Insurance Company, Progressive West Insurance Company, Progressive Casualty Insurance Company, Progressive Specialty Insurance Company, Progressive Max Insurance Company, National Continental Insurance Company, United Financial Casualty Company, Progressive Northern Insurance Company, Progressive Preferred Insurance Company, Progressive Commerical Casualty Company, Progressive Advanced Insurance Company (Payment made via Pay.gov)(Allen, Meena)
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Association Dues Received: $ 100 receipt number ANMDC-8364671 re: # 9 Association of Attorney Licensed Outside the District,,, filed by Progressive Direct Insurance Company, Progressive Classic Insurance Company, Progressive Northwestern Insurance Company, Progressive West Insurance Company, Progressive Casualty Insurance Company, Progressive Specialty Insurance Company, Progressive Max Insurance Company, National Continental Insurance Company, United Financial Casualty Company, Progressive Northern Insurance Company, Progressive Preferred Insurance Company, Progressive Commerical Casualty Company, Progressive Advanced Insurance Company (Payment made via Pay.gov)(Allen, Meena)
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Filing 5
NOTICE by Progressive Casualty Insurance Company of Extension to respond to Complaint (Allen, Meena)
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Filing 4
INITIAL SCHEDULING ORDER: by Magistrate Judge John F. Robbenhaar. Joint Status Report due by 8/8/2022. Telephone Scheduling Conference set for 8/18/2022 at 10:30 AM before Magistrate Judge John F. Robbenhaar. Counsel will call Judge Robbenhaar's AT&T Teleconference Line at (888)363-4735, Access Code 2387395, to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 7/26/2022. (ajp)
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Filing 3
PLEASE TAKE NOTICE that this case has been randomly reassigned to United States Magistrate Judge Jerry H. Ritter to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent notice must be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. United States Magistrate Judge Kirtan Khalsa no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Kirtan Khalsa to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Second Judicial District Court, case number D-202-CV-2022-02572. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Allen, Meena)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-8347446 re #1 Notice of Removal, filed by Progressive Direct Insurance Company, Progressive Classic Insurance Company, Progressive Northwestern Insurance Company, Progressive Casualty Insurance Company, Progressive Specialty Insurance Company, PROGRESSIVE WEST INSURANCE COMPANY, Progressive Max Insurance Company, United Financial Casualty Company, NATIONAL CONTINENTAL INSURANCE COMPANY, Progressive Northern Insurance Company, PROGRESSIVE COMMERCIAL CASUALTY COMPANY, Progressive Preferred Insurance Company, Progressive Advanced Insurance Company (Payment made via Pay.gov)(Allen, Meena)
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United States Magistrate Judge Kirtan Khalsa and United States Magistrate Judge John F. Robbenhaar assigned. (jg)
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