Stoops v. Progressive Direct Insurance Company
| Wayne Stoops |
| Progressive Direct Insurance Company |
| 7:2021cv08863 |
| October 29, 2021 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Paul E Davison |
| Insurance |
| 28 U.S.C. § 1332 in Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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Filing 33
ORDER: The Court having been advised that all claims asserted in the above entitled action are settled, it is hereby ORDERED, that the above entitled action be and hereby is discontinued, without costs to any party, subject to reopening should the settlement not be concluded within thirty (30) days of the date hereof. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 5/2/2023) (ks)
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| Filing 32 FIRST LETTER addressed to Magistrate Judge Paul E. Davison from Michael Reich dated May 2, 2023 re: Status of Settlement. Document filed by Wayne Stoops..(Reich, Michael) |
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Filing 31
RESCHEDULING ORDER: The Court has rescheduled a Settlement Conference before the Honorable Paul E. Davison, United States Magistrate Judge, to April 26, 2023 at 2:30 pm. The parties are to call in to 877-336-1839, enter access code 5999739 and then #, security code (emailed by Chambers) and then #. Counsel should have either: full independent settlement authority; principals present; or principals readily available by telephone. Counsel are encouraged, but not required, to submit a confidential, ex parte letter to the Court, not to exceed 5 pages in length, no later than two business days prior to the conference, outlining any information counsel believes would assist the Court in preparation for the conference. Counsel shall notify all other parties of their intention to submit an ex parte letter no later than one week prior to the conference. PLEASE NOTIFY ALL OTHER PARTIES OF THE ABOVE INFORMATION IMMEDIATELY Any party seeking to reschedule shall telephone chambers with all other parties on the line. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/26/2023) Settlement Conference set for 4/26/2023 at 02:30 PM before Magistrate Judge Paul E. Davison. (ks)
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| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Settlement Conference held on 4/26/2023. Case did not settle. The parties will submit a joint letter regarding the status of settlement by close of business on May 5, 2023. (lay) |
| Filing 30 NOTICE OF APPEARANCE by Tiffany A. Jacobsen on behalf of Wayne Stoops..(Jacobsen, Tiffany) |
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Filing 29
SCHEDULING ORDER: The Court has scheduled a Settlement Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on April 24, 2023 at 2:30 p.m. Please note Judge Davison's COVID-19 Order (docketed entry #27) setting forth procedures applicable to all civil cases. Counsel should have either: full independent settlement authority; principals present; or principals readily available by telephone. Counsel are encouraged, but not required, to submit a confidential, ex parte letter to the Court, not to exceed 5 pages in length, no later than two (2) business days prior to the conference, outlining any information counsel believes would assist the Court in preparation for the conference. Until further notice, any such ex parte letter must be emailed to: ChambersNYSDDavison@nysd.uscourts.gov. Counsel shall notify all other parties of their intention to submit an ex parte letter no later than one week prior to the conference. PLEASE NOTIFY ALL OTHER PARTIES OF THE ABOVE INFORMATION IMMEDIATELY. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 4/6/2023) Settlement Conference set for 4/24/2023 at 02:30 PM before Magistrate Judge Paul E. Davison. (ks)
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| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/6/2023. Settlement conference scheduled for April 24, 2023 at 2:30 pm. (lay) |
| Filing 28 NOTICE OF APPEARANCE by Michael Warren Reich on behalf of Wayne Stoops..(Reich, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 3/24/2023. Telephone conference scheduled for April 6, 2023 at 10:00 am. (lay) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 12/19/2022. All discovery to be completed by March 17, 2023. Telephone conference scheduled for March 24, 2023 at 9:30 am. (lay) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 11/3/2022. Telephone conference scheduled for December 19, 2022 at 10:00 am. (lay) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 9/30/2022. All discovery to be completed by October 31, 2022. Telephone conference scheduled for November 3, 2022 at 10:30 am. (la) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 7/6/2022. All discovery to be completed by September 30, 2022. Telephone conference scheduled for September 30, 2022 at 9:30 am. (la) |
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Filing 27
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDREED. (Signed by Magistrate Judge Paul E. Davison on 6/8/2022) (ks)
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Filing 26
SCHEDULING ORDER: The Court has scheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on July 6, 2022 at 10:00 a.m. PLEASE NOTE JUDGE DAVISON'S COVID-19 ORDER (docketed separately) setting forth procedures applicable to all civil cases. PLEASE NOTIFY YOUR ADVERSARY OF THIS SCHEDULE IMMEDIATELY. SO ORDERED. Telephone Conference set for 7/6/2022 at 10:00 AM before Magistrate Judge Paul E. Davison. (Signed by Magistrate Judge Paul E. Davison on 6/8/2022) (tg)
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Filing 25
DISCOVERY ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 6/8/2022) (tg)
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| Filing 24 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Wayne Stoops, Progressive Direct Insurance Company. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Paul E. Davison. (Signed by Judge Vincent L. Briccetti on 6/8/2022) (mml) |
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Filing 23
ORDER granting #21 Letter filed by Wayne Stoops: In light of the parties' consent to have Magistrate Judge Davison conduct all proceedings in this case, the conference before Judge Briccetti scheduled for 6/8/2022 at 3:30 p.m. is CANCELED. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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| Filing 22 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Wayne Stoops. Document filed by Wayne Stoops..(Reich, Michael) |
| Filing 21 FIRST LETTER addressed to Judge Vincent L. Briccetti from Michael Reich dated June 8, 2022 re: adjournment of conference. Document filed by Wayne Stoops..(Reich, Michael) |
| Filing 20 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Wayne Stoops. Document filed by Wayne Stoops..(Reich, Michael) |
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Filing 19
ORDER denying without prejudice re: #18 Letter filed by Wayne Stoops: The parties' request to extend discovery deadlines fails to comply with Paragraph 1.G of Judge Briccetti's Individual Practices, which requires the parties to attach to their request a proposed Revised Civil Case Discovery Plan and Scheduling Order for the Court's consideration. Accordingly, the instant request is DENIED WITHOUT PREJUDICE to refiling in accordance with the Court's Individual Practices. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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| Filing 18 FIRST LETTER addressed to Judge Vincent L. Briccetti from Michael Reich and Michael Campanile dated April 14, 2022 re: Joint letter regarding status. Document filed by Wayne Stoops..(Reich, Michael) |
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Filing 17
ORDER: The parties were ordered to submit a joint letter update regarding settlement discussions by 4/8/2022. To date, they have not. Accordingly, the Court sua sponte extends to 4/15/2022 the parties' time to file a joint status update. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (egb)
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| Filing 16 ANSWER to #1 Complaint. Document filed by Progressive Direct Insurance Company..(Campanile, Michael) |
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Filing 15
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Non-expert depositions shall be completed by 3/1/2022. All expert discovery, including expert depositions, shall be completed by 5/13/2022. The parties have conferred and their present best estimate of the length of the trial is 1 week. The next case management conference is scheduled for June 8, 2022 at 3:30 p.m. The parties are directed to discuss settlement in good faith. By no later than April 8, 2022, counsel shall submit a joint letter regarding the status of their discussions and whether there is anything the Court can do to assist in that regard. The case management conference scheduled for June 8, 2022, at 3:30 p.m., will be conducted by in person in the Courthouse, Courtroom 620. Amended answer due 1/10/2022. Motions due by 1/28/2022. Deposition due by 5/13/2022. Fact Discovery due by 4/1/2022. Expert Discovery due by 5/13/2022. Discovery due by 6/3/2022. Case Management Conference set for 6/8/2022 at 03:30 PM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 1/3/2022) (ate)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 1/3/2022. Case management plan signed. Amended answer shall be filed on or before 1-10-22. Joint letter by 4-8-22. Next conference scheduled for 6-8-22 at 3:30 p.m. Courtroom 620. (dh) |
| Filing 14 PROPOSED SCHEDULING ORDER. Document filed by Wayne Stoops..(Reich, Michael) |
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Filing 13
ORDER: Counsel have filed a proposed Civil Case Discovery Plan and Scheduling Order, but it is NOT the correct form. It is Magistrate Judge Krause's form. Accordingly, by close of business today, counsel shall file a proposed Civil Case Discovery Plan and Scheduling Order on Judge Briccetti's form, which was appended to the Notice of Initial Conference. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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| Filing 12 PROPOSED SCHEDULING ORDER. Document filed by Wayne Stoops..(Reich, Michael) |
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Filing 11
ORDER: On 12/22/2021, the Court ordered counsel, by 12/28/2021, to complete and file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. To date, they have not done so. Accordingly, the Court sua sponte extends to close of business TODAY for counsel to file their proposed Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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Filing 10
ORDER: By 12/28/2021, counsel shall complete and file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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Filing 9
ORDER: The Clerk of Court is directed to unseal #5 answer to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp) Transmission to Sealed Records Clerk for processing.
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| Filing 8 ANSWER to #1 Complaint. Document filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit MEDICARE EXHIBITS).(Campanile, Michael) |
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Filing 7
ORDER: Defendant has improperly filed under seal its #5 answer to the complaint without first obtaining leave of court. See SDNY ECF Rules & Instructions, Section 6. Accordingly, by no later than 12/3/2021, defendant shall file a motion to seal or a letter-motion to seal explaining the basis for sealing. If defendant fails to do so, the Court will order the Clerk to unseal the answer. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (pp)
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| Filing 6 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR A TELEPHONIC INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 1-3-22 at 10:00a.m. All counsel and/or parties shall use the following information to appear at the conference by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. Initial Conference set for 1/3/2022 at 10:00 AM before Judge Vincent L. Briccetti. Telephone Conference set for 1/3/2022 at 10:00 AM before Judge Vincent L. Briccetti..(mml) |
| Filing 5 ***SELECTED PARTIES***ANSWER to #1 Complaint. Document filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit MEDICARE EXHIBITS)Motion or Order to File Under Seal: #1 .(Campanile, Michael) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Progressive Direct Insurance Company..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael Warren Reich. The party information for the following party/parties has been modified: Wayne Stoops; Progressive Direct Insurance Company. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Warren Reich. The following case opening statistical information was erroneously selected/entered: Dollar Demand $200,000,000; County code Dutchess; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Paul E. Davison 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. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Progressive Direct Insurance Company, re: #1 Complaint. Document filed by Wayne Stoops..(Reich, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Reich, Michael) |
| Filing 1 COMPLAINT against Progressive Direct Insurance Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-25263084)Document filed by Wayne Stoops, Progressive Direct Insurance Company..(Reich, Michael) |
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| Plaintiff: Wayne Stoops | |
| Represented By: | Michael Warren Reich |
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| Defendant: Progressive Direct Insurance Company | |
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