MSP Recovery Claims, Series LLC v. AIG Property Casualty Company
Plaintiff: MSP Recovery Claims, Series LLC
Defendant: AIG PROPERTY CASUALTY COMPANY
Case Number: 1:2020cv02102
Filed: March 9, 2020
Court: US District Court for the Southern District of New York
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
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Date Filed Document Text
August 2, 2021 Opinion or Order Filing 82 OPINION AND ORDER re: 78 MOTION for Reconsideration re; 76 Memorandum & Opinion 77 Clerk's Judgment . filed by MSP Recovery Claims, Series LLC. For the reasons discussed above, Plaintiff's motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to terminate the open motion at docket entry 78. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 8/2/2021) (cf)
March 26, 2021 Opinion or Order Filing 76 OPINION AND ORDER: re: 22 MOTION to Strike class allegations in the Complaint pursuant to FRCP 12(f) and 23(d)(1)(D). filed by AIG Property Casualty Company, 65 MOTION to Dismiss Plaintiff's Amended Class Action Compl aint for Damages. filed by Lexington Insurance Company, AIG Property Casualty Company, AIG Property Casualty Inc. For the reasons discussed above, Plaintiff has not alleged that it has Article III standing. Accordingly, Defendants' Ru le 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction is GRANTED. Defendants' motions to strike class allegations and for costs are DENIED as moot. See Dkts. 22, 24. The Court declines to grant Plaintiff leave to amend again i ts complaint. The Court has already allowed Plaintiff to amend once and is disinclined to do so again. See Order, Dkt. 54; see also Ruotolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) (noting that leave to amend may be properly denied for "repeated failure to cure deficiencies."). If this were the first of this type of case that Plaintiff had filed, the Court might be inclined to give it another shot at adequately alleging standing. But this is far from Plaintiff's f irst rodeo. Plaintiff has brought many of these cases around the country and was, therefore, "on notice from the outset that the issue of standing would be front and center." State Farm Mut. Auto. Ins. Co., 2019 WL 6311987, at *9. Becaus e Plaintiff has had plenty of trial runs and has already amended its complaint against these Defendants once, the Court declines to grant leave to amend again as it would be futile. This matter is hereby dismissed without prejudice. See John v. Who le Foods Mkt. Grp., Inc., 858 F.3d 732, 735 (2d Cir. 2017) ("[W]here a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice, rather than with prejudice.") (cleaned up). The Clerk of Court is respectfully directed to terminate all open motions and to close this case. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 3/26/2021) (cf) Transmission to Orders and Judgments Clerk for processing.
January 7, 2021 Opinion or Order Filing 69 ORDER re: 63 Letter, filed by Lexington Insurance Company, AIG Property Casualty Company, AIG Property Casualty Inc.. IT IS HEREBY ORDERED that by no later than Friday, January 22, 2021, the parties must file a joint letter updating the Court on the status of this issue. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/7/2021) (kv)
October 14, 2020 Opinion or Order Filing 56 ORDER: denying as moot 18 Motion to Dismiss; denying as moot 19 Motion to Dismiss. IT IS HEREBY ORDERED that Defendant AIGPCC's Motion to Dismiss is denied as moot. Defendants' deadline to answer or to move against the First Amended C omplaint is Friday, December 11, 2020. If Defendants move to dismiss the First Amended Complaint, Plaintiff's opposition to the Motion to Dismiss is due no later than Friday, January 15, 2021. Defendants' reply in support of the Motion to Dismiss is due no later than Friday, February 12, 2021. See Dkt. 54.The Clerk of Court is respectfully directed to terminate the open motions at docket entries 18 and 19. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/14/2020) (ama)
September 25, 2020 Opinion or Order Filing 50 ORDER: IT IS HEREBY ORDERED that Defendant must submit its reply briefs in support of its Motion to Strike Class Allegations and its Motion for Costs and for a Stay Pending Payment of Costs Pursuant to Federal Rule of Civil Procedure 41(d) by no late r than Friday, October 2, 2020. Defendant's time to file a reply brief in support of its Motion to Dismiss is hereby stayed. IT IS FURTHER ORDERED that Plaintiff must produce a draft of its proposed Amended Complaint, that is redlined from the C omplaint filed on ECF (Dkt. 1), to Defendant by no later than Friday, October 2, 2020. Defendant must inform the Court whether it opposes Plaintiff's filing an Amended Complaint by no later than Thursday, October 8, 2020. SO ORDERED., ( Replies due by 10/2/2020.) (Signed by Judge Valerie E. Caproni on 9/25/2020) (ama)
September 23, 2020 Opinion or Order Filing 49 ORDER: WHEREAS a status conference has been scheduled for Friday, September 25, 2020, at 3:00 P.M.; IT IS HEREBY ORDERED, due to a conflict in the Court's calendar, that the status conference will be held on Friday, September 25, 2020, at 10:30 A.M. IT IS FURTHER ORDERED that all parties and any interested members of the public must attend by dialing 1-888-363-4749, using the access code 3121171, and the security code 2102. All attendees are advised to mute their phones when not speaking an d to self-identify each time they speak. SO ORDERED., ( Status Conference set for 9/25/2020 at 10:30 AM before Judge Valerie E. Caproni., Telephone Conference set for 9/25/2020 at 10:30 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/23/2020) (ama)
September 11, 2020 Opinion or Order Filing 44 ORDER: IT IS HEREBY ORDERED, for reasons stated at the conference, that discovery is stayed until the Defendant's Motion to Dismiss is resolved. The Court reminds Plaintiff that it has until September 22, 2020 to submit its reply. See Dkt. 25. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/11/2020) (ks)
August 5, 2020 Opinion or Order Filing 37 ORDER granting 36 Letter Motion to Adjourn Conference; granting 36 Letter Motion for Extension of Time. Application GRANTED. The August 14 initial conference is adjourned to September 11, 2020, at 3:00 P.M. The dial-in information remains the same: 1-888-363-4749, access code 3121171#, and security code 2102. No further extensions. (Initial Conference set for 9/11/2020 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/5/2020) (cf)
July 15, 2020 Opinion or Order Filing 33 ORDER granting 32 Letter Motion to Adjourn Conference; granting 32 Letter Motion for Extension of Time. Application GRANTED. The July 24 initial conference is adjourned to August 14, 2020, at 2:00 P.M. The dial-in information remains the same: 1-888-363-4749, access code 3121171#, and security code 2102. (Initial Conference set for 8/14/2020 at 02:00 PM before Judge Valerie E. Caproni.). (Signed by Judge Valerie E. Caproni on 7/15/2020) (js)
June 23, 2020 Opinion or Order Filing 16 ORDER: granting 15 Letter Motion to Adjourn Conference. Application GRANTED. The June 26 conference is adjourned and converted to a teleconference at 3:00P.M. on July 24, 2020. The parties and all interested members of the public are to attend by calling 1-888-363-4749, using access code 3121171# and security code 2102. All attendees are reminded to mute their phones when not speaking and to identify themselves each time they speak. The parties are directed to submit revised pre-conference su bmissions no later than July 16, 2020. To the extent that the parties reach an agreement on how discovery should proceed, they should file a stipulation and proposed order. The joint letter should indicate whether the parties believe that the telecon ference should proceed as scheduled, or whether the Court can resolve all case management issues on the papers. SO ORDERED. Telephone Conference set for 7/24/2020 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/23/2020) (ama)
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Plaintiff: MSP Recovery Claims, Series LLC
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