Volino v. Progressive Casualty Insurance Company et. al.
| Dominick Volino and John Plotts |
| Progressive Corporation, Progressive Casualty Insurance Company, Progressive Advanced Insurance Company and Progressive Max Insurance Company |
| 1:2021cv06243 |
| July 22, 2021 |
| U.S. District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 dtp |
| Plaintiff |
Docket Report
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Filing 32
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 10/27/2021. Joinder of Parties due by 10/27/2021. All Fact Discovery due by 1/21/2022. All Expert Discovery due by 3/7/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is five (5) to seven (7) days. A Pre-Motion Conference set for 3/24/2022 at 10:50 AM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558- 3333. The time of the conference is approximate, but the parties shall beready to proceed at that time. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/17/2021) (ama)
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Filing 31
ORDER: ORDERED that the September 23, 2021, initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss and if Plaintiffs seek to file a motion for class certification, they shall file a pre-motion letter pursuant to the Individual Rules. Plaintiffs shall file their class certification pre-motion letter, if any, by February 11, 2022. It isfurther ORDERED, regarding settlement discussions, if the parties decide to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances., ( Motions due by 2/11/2022.) (Signed by Judge Lorna G. Schofield on 9/17/2021) (ama)
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Filing 30
JOINT LETTER addressed to Judge Lorna G. Schofield from Laura E. Harris, Esq. and Thomas Mullaney, Esq. dated 9/16/2021 re: Report of FRCVP 26 (f) meeting and attached Proposed Case Management Plan and Scheduling Order. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company. (Attachments: #1 Proposed Case Management Plan and Scheduling Order).(Harris, Laura)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for James Matthew Brigman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25058362. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 29
MOTION for James Matthew Brigman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25058362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company. (Attachments: #1 Affidavit of James Matthew Brigman, #2 Certificate of Good Standing for James Matthew Brigman, #3 Text of Proposed Order).(Brigman, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Zachary Andrew McEntyre to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #28 MOTION for Allison Hill White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25053402. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 28
MOTION for Allison Hill White to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25053402. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company. (Attachments: #1 Affidavit of Allison Hill White, #2 Certificate of Good Standing for Allison Hill White, #3 Text of Proposed Order).(White, Allison)
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Filing 27
MOTION for Zachary Andrew McEntyre to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company. (Attachments: #1 Affidavit of Zachary A. McEntyre, #2 Certificate of Good Standing for Zachary A. McEntyre, #3 Text of Proposed Order).(McEntyre, Zachary)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #26 MOTION for Zachary Andrew McEntyre to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25040059. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the PDF attached to the docket entry for the motion is not correct; Please rsubmit your Motion to Appear Pro JHac Vice and only include documents that only pertain to this case and court.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Jeffrey Scott Cashdan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25038866. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 26
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Zachary Andrew McEntyre to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25040059. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company. (Attachments: #1 Affidavit of Zachary A. McEntyre, #2 Exhibit A - Explanation of Affirmative Response, #3 State Bar of Georgia Certificate of Good Standing, #4 Text of Proposed Order).(McEntyre, Zachary) Modified on 9/10/2021 (bcu).
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Filing 25
MOTION for Jeffrey Scott Cashdan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25038866. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company. (Attachments: #1 Affidavit of Jeffrey S. Cashdan, #2 State Bar of Georgia Certificate of Good Standing, #3 Supreme Court of Illinois Certificate of Good Standing, #4 Text of Proposed Order).(Cashdan, Jeffrey)
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to Answer re #23 LETTER MOTION for Extension of Time to File Answer to the Amended Complaint or file a pre-motion letter by September 27, 2021 on consent addressed to Judge Lorna G. Schofield from Laura Harris. Esq. dated 9/7/2021. Application GRANTED. Defendants shall answer or otherwise respond to the Complaint by September 27, 2021. Progressive Advanced Insurance Company answer due 9/27/2021; Progressive Casualty Insurance Company answer due 9/27/2021; Progressive Max Insurance Company answer due 9/27/2021 (Signed by Judge Lorna G. Schofield on 9/8/2021) (cf)
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Filing 23
LETTER MOTION for Extension of Time to File Answer to the Amended Complaint or file a pre-motion letter by September 27, 2021 on consent addressed to Judge Lorna G. Schofield from Laura Harris. Esq. dated 9/7/2021. Document filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company..(Harris, Laura)
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Filing 22
NOTICE OF APPEARANCE by Laura Elizabeth Harris on behalf of Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Max Insurance Company..(Harris, Laura)
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Filing 21
NOTICE of Court Rules. Document filed by John Plotts, Dominick Volino..(Mullaney, Thomas)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Tiffany Michele Wyatt Oldham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25018452. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 20
MOTION for Tiffany Michele Wyatt Oldham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25018452. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Plotts, Dominick Volino. (Attachments: #1 Affidavit, #2 Proposed Order).(Oldham, Tiffany)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Edwin Lee Lowther, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25009589. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 19
MOTION for Edwin Lee Lowther, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25009589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Plotts, Dominick Volino. (Attachments: #1 Affidavit, #2 Proposed Order).(Lowther, Edwin)
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Filing 18
STIPULATION TO DISMISS PLAINTIFFS' CLAIMS AGAINST DEFENDANT PROGRESSIVE CORPORATION WITHOUT PREJUDICE:The parties to this action, by and through their respective counsel and pursuant to Fed. R. Civ. P. 41 (a)(1)(A)(ii), hereby stipulate and agree to the dismissal of all claims against Defendant Progressive Corporation without prejudice and without costs. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/1/2021) (cf)
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Filing 17
MOTION for Jake Garrison Windley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25008181. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Plotts, Dominick Volino. (Attachments: #1 Affidavit, #2 Proposed Order).(Windley, Jake)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Jake Garrison Windley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25008181. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 16
ORDER granting #13 Motion to Amend/Correct #13 MOTION to Amend/Correct Caption. Application GRANTED. The Clerk of Court is respectfully directed to amend the case caption by removing Progressive Corporation as a defendant and adding (1) Progressive Casualty Insurance Company, (2) Progressive Advanced Insurance Company and (3) Progressive Max Insurance Company as defendants. (Signed by Judge Lorna G. Schofield on 8/31/2021) (ate)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #15 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Lorna G. Schofield for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
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Filing 15
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Progressive Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John Plotts, Dominick Volino. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Mullaney, Thomas)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) John Plotts, Dominick Volino and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John Plotts, Dominick Volino. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Mullaney, Thomas) Modified on 8/30/2021 (dt).
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas M. Mullaney. The party information for the following party/parties has been modified: Progressive Casualty Insurance Company; Progressive Advanced Insurance Company; Progressive Max Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Mullaney, Thomas. RE-FILE Document No. #14 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected; the stipulation of voluntary dismissal was not signed (ink signature) by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against (select Defendants name) - and attach the correct signed (scanned ink signature image) PDF. (dt)
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Filing 13
MOTION to Amend/Correct Caption. Document filed by John Plotts, Dominick Volino..(Mullaney, Thomas)
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Filing 12
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Progressive Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John Plotts. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Mullaney, Thomas) Modified on 8/27/2021 (dt).
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Filing 11
AMENDED COMPLAINT amending #2 Complaint against Progressive Casualty Insurance Company, Progressive Advanced Insurance Company, Progressive Max Insurance Company with JURY DEMAND.Document filed by John Plotts, Dominick Volino. Related document: #2 Complaint. (Attachments: #1 Valuation Report, #2 Valuation Report, #3 Annual Report, #4 Web page, #5 FAQs, #6 Settlement Summary, #7 Trademark report, #8 Patent Report).(Mullaney, Thomas)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Mullaney, Thomas. RE-FILE Document No. #12 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink signatures) by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (dt)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Joseph Henry Bates III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24985302. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 10
MOTION for Joseph Henry Bates III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24985302. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Plotts, Dominick Volino. (Attachments: #1 Affidavit, #2 Proposed Order).(Bates, Joseph)
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Complaint by September 6, 2021 without objection from Plaintiff addressed to Judge Lorna G. Schofield from Laura Harris, Esq. dated 8/18/2021. Application GRANTED. Defendant shall answer or otherwise respond to Plaintiffs' Complaint by September 6, 2021. Progressive Corporation answer due 9/6/2021 (Signed by Judge Lorna G. Schofield on 8/19/2021) (cf)
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Filing 8
LETTER MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Complaint by September 6, 2021 without objection from Plaintiff addressed to Judge Lorna G. Schofield from Laura Harris, Esq. dated 8/18/2021. Document filed by Progressive Corporation..(Harris, Laura)
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Filing 7
NOTICE OF APPEARANCE by Laura Elizabeth Harris on behalf of Progressive Corporation..(Harris, Laura)
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Filing 6
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a conference will be held at September 23, 2021 at 10:50 a.m. The conference will be telephonic. DATE AND PLACE OF CONFERENCE: September 23, 2021 at 10:50 a.m., to be held telephonically in accordance with the instructions on the first page of this order. And as set forth herein. Initial Conference set for 9/23/2021 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/12/2021) (ama)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Progressive Corporation..(gp)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Progressive Corporation, re: #2 Complaint. Document filed by Dominick Volino..(Mullaney, Thomas)
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Filing 3
CIVIL COVER SHEET filed..(Mullaney, Thomas)
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Filing 2
COMPLAINT against Progressive Corporation. Document filed by Dominick Volino..(Mullaney, Thomas)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas M. Mullaney. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Arbitration code has been deleted; the County code has been modified to Dutchess; the Fee Status code has been modified to pd (paid). (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas M. Mullaney to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): not all the filer/filers were selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas M. Mullaney. The party information for the following party/parties has been modified: Progressive Corporation, Dominick Volino, John Plotts. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Thomas M. Mullaney. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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Case Designated ECF. (vf)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Progressive Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-24828501)Document filed by Dominick Volino. (Attachments: #1 Exhibit Valuation Report, #2 Exhibit Valuation Report, #3 Exhibit Annual Report, #4 Exhibit Web page, #5 Exhibit FAQs, #6 Exhibit Settlement Summary).(Mullaney, Thomas) Modified on 7/23/2021 (vf).
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