MAO-MSO Recovery II, LLC et al v. Progressive Corporation, et al.
Plaintiff: MAO-MSO Recovery II, LLC, MSP Recovery, LLC and MSPA Claims 1, LLC
Defendant: Progressive Corporation, Progressive Insurance, Progressive Casualty Insurance Company, Progressive and Progressive Group of Insurance Companies
Case Number: 1:2017cv00390
Filed: February 24, 2017
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Christopher A Boyko
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 17, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2018 Filing 47 Judgment. The Court has filed its opinion and order granting Defendant Progressive Corporation's Motion to Dismiss and dismissing case without prejudice. Accordingly, this action is terminated pursuant to Federal Rule of Civil Procedure 58. Judge Christopher A. Boyko on 7/17/2018. (H,CM)
July 17, 2018 Filing 46 Opinion and Order. Defendant Progressive Corporation's Motion to Dismiss (Related doc #35 ) is granted and case is dismissed without prejudice. Judge Christopher A. Boyko on 7/17/2018. (H,CM)
May 31, 2018 Filing 45 Third Notice of Supplemental Authority in Support of #35 Motion to Dismiss filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit A - May 25, 2018 Order in MAO-MSO Recovery II v. State Farm)(McEntyre, Zachary)
May 25, 2018 Filing 44 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-Mercury General Order). Related document(s) #35 , #36 .(Turner, Tracy)
March 19, 2018 Filing 43 Notice of Supplemental Authority in Support of #36 Opposition to #35 Motion to Dismiss filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-Infinity Order, #2 Exhibit B-Infinity Order Addendum)(Turner, Tracy) Added link (S,HR).
March 2, 2018 Filing 42 Second Notice of Supplemental Authority in Support of #35 Motion to Dismiss filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit Supplemental Authority). (Prabucki, Kenneth) Modified on 3/5/2018 (S,HR).
February 23, 2018 Filing 41 Notice of Supplemental Authority in Support of Memorandum (Doc. #36 ) in Opposition to Motion to dismiss (Doc. #35 ) filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-GEICO Order Denying Motion to Dismiss) (Turner, Tracy) Modified text and links (S,HR).
February 15, 2018 Filing 40 Notice of Supplemental Authority filed by Progressive Casualty Insurance Company and Progressive Corporation. (Attachments: #1 Exhibit A- Supplemental Authority)Related document(s) #35 .(Prabucki, Kenneth)
January 26, 2018 Opinion or Order Filing 39 Order. In light of a scheduling conflict and outstanding pending Motions to Dismiss, telephone status conference set for 1/29/2018 at 10:00 a.m. is cancelled. The Court will reset phone conference, if needed, after ruling on the pending motions. Judge Christopher A. Boyko on 1/26/2018. (H,CM)
December 13, 2017 Filing 38 Reply in support of #35 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of subject matter jurisdiction filed by Progressive Corporation. (Cashdan, Jeffrey)
November 17, 2017 Opinion or Order Order [non-document] granting Defendants' #37 Motion for extension of time until 12/13/2017 to file reply in support of #35 Motion to dismiss. Judge Christopher A. Boyko on 11/17/2017.(H,CM)
November 15, 2017 Filing 37 Unopposed Motion for extension of time until 12/13/2017 to file reply in support of #35 Motion to dismiss filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified on 11/16/2017 (S,HR).
November 8, 2017 Filing 36 Opposition to #35 Motion to dismiss amended complaint for failure to state a claim, and Motion to dismiss for lack of subject matter jurisdiction filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Turner, Tracy)
October 17, 2017 Opinion or Order Order [non-document]. Telephone Status Conference set for 10/18/2017 at 2:00 PM is canceled. Court stays all discovery pending ruling on Defendant's #35 Motion to Dismiss. Telephone Status Conference set for 1/29/2018 at 10:00 AM. Plaintiffs' counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 10/17/2017. (H,CM) Added link. (S,HR)
October 9, 2017 Filing 35 Motion to dismiss for failure to state a claim, and Motion to dismiss for lack of subject matter jurisdiction filed by Progressive Casualty Insurance Company, Progressive Corporation. Related document(s) #30 . (Attachments: #1 Brief in Support, #2 Exhibit A - List of Similar Class Actions, #3 Exhibit B - Declaration of Michael R. Uth)(Cashdan, Jeffrey). Added motion (S,HR).
October 2, 2017 Opinion or Order Order [non-document] granting Defendant Progressive Corporation's #34 Motion for Extension of Time until 10/9/2017 to Answer. Judge Christopher A. Boyko on 10/2/2017.(H,CM)
September 29, 2017 Filing 34 Unopposed Motion for extension of time until 10/9/2017 to answer the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth)
September 14, 2017 Filing 33 Joint Motion for extension of time until October 2, 2017 to move, plead, or otherwise respond to first amended complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order).(Cashdan, Jeffrey) Modified text on 9/14/2017 (S,HR).
September 14, 2017 Opinion or Order Order [non-document] granting Joint Motion #33 for extension of time until 10/2/2017 for Defendants to respond to First Amended Complaint. Judge Christopher A. Boyko on 9/14/2017.(H,CM)
August 30, 2017 Filing 32 Joint Motion for extension of time until 9/14/17 to answer, move, or otherwise respond to the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 8/30/2017 (S,HR).
August 30, 2017 Opinion or Order Order [non-document] granting Defendants' #32 Motion for extension of time until 9/14/2017 to respond to First Amended Complaint. Judge Christopher A. Boyko on 8/30/2017.(H,CM)
July 24, 2017 Filing 31 Unopposed Motion for extension of time until 8/31/17 to answer #30 the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Added link on 7/25/2017 (P,G).
July 24, 2017 Opinion or Order Order [non-document]granting #31 Unopposed Motion for Extension of Time to Answer. Progressive Corporation answer due 8/31/2017. Judge Christopher A. Boyko on 7/24/2017.(R,D)
July 18, 2017 Filing 30 First Amended complaint against Progressive Corporation, and added new party defendants Progressive; Progressive Insurance; Progressive Casualty Insurance Company; and Progressive Group of Insurance Companies. Filed by MAO-MSO Recovery II, LLC, MSPA Claims 1, LLC, MSP Recovery, LLC. (Turner, Tracy) Modified text on 7/20/2017 (S,HR).
June 27, 2017 Filing 29 Motion to dismiss for failure to state a claim, and for lack of subject matter juridiction filed by Defendant Progressive Corporation. (Attachments: #1 Brief in Support, #2 Exhibit A - List of Similar Class Actions Filed by Plaintiffs, #3 Exhibit B - Declaration of Michael R. Uth)(Cashdan, Jeffrey). Added motion on 6/28/2017 (S,HR). Modified to term motion as moot on 10/16/2017; amended complaint #30 and amended motion #35 filed (H,CM).
June 14, 2017 Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Telephone Case Management Conference held on 6/14/2017. (Case has not been assigned to a track at this time.) Court stays all discovery pending ruling on Defendant's Motion to Dismiss. Telephone Status Conference set for 10/18/2017 at 02:00 PM. Plaintiffs' counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. (Court Reporter: None; Time: 15 min.) (H,CM)
June 9, 2017 Filing 28 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Turner, Tracy)
June 7, 2017 Opinion or Order Order [non-document]. Case Management Conference set for 6/14/2017 at 2:00 PM will be telephonic. Plaintiffs' counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 6/7/2017. (H,CM)
May 19, 2017 Opinion or Order Order [non-document] granting Defendant's #27 Motion for Extension of Time until 6/27/2017 to Answer. Judge Christopher A. Boyko on 5/19/2017.(H,CM)
May 18, 2017 Filing 27 Unopposed Motion for extension of time until 6/27/17 to move, plead, or otherwise respond to complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 5/19/2017 (S,HR).
May 17, 2017 Filing 26 Stipulated Protective Order regarding confidential documents (Related doc #25 ). Judge Christopher A. Boyko on 5/17/2017. (H,CM)
May 16, 2017 Filing 25 Proposed Stipulated Protective Order filed by Defendant Progressive Corporation. (Prabucki, Kenneth) Modified text on 5/18/2017 (S,HR).
May 12, 2017 Filing 24 Notice of Case Management Conference. Conference to be held on 6/14/2017 at 02:00 PM at Chambers 15B. Judge Christopher A. Boyko on 5/12/2017. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(H,CM)
May 10, 2017 Filing 23 Joint Motion to reassign case to Judge Christopher A. Boyko filed by Defendant Progressive Corporation. (Prabucki, Kenneth) Modified to term motion on 5/12/2017; case has been transferred (H,CM).
May 10, 2017 Opinion or Order Filing 22 Order. Because the Stipulation and Agreed Protective Order (Related doc #21 ) does not comply, the Court declines to enter the parties' protective order. Judge Christopher A. Boyko on 5/10/2017. (H,CM)
May 3, 2017 Filing 21 Stipulation and Agreed Protective Order filed by Defendant Progressive Corporation. (Prabucki, Kenneth) Termed motion and modified text on 5/8/2017 (S,HR).
April 25, 2017 Filing 20 Second unopposed Motion for extension of time until 6/6/17 to move, plead, or otherwise respond to complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Farrell, Michael) Modified text on 4/26/2017 (S,HR).
April 25, 2017 Opinion or Order Order [non-document] granting Defendant's #20 Motion for Extension of Time until 6/6/2017 to Answer. Judge Christopher A. Boyko on 4/25/2017.(H,CM)
April 6, 2017 Opinion or Order Order [non-document] granting Defendant's Motions for attorneys Jeffrey S. Cashdan, David J. Farber, Zachary A. McEntyre and Emily S. Newton to appear pro hac vice (Related Doc # 's #16 , #17 , #18 , #19 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 4/6/2017.(H,CM)
April 5, 2017 Filing 19 Motion for attorney Emily S. Newton to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101196, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 5, 2017 Filing 18 Motion for attorney Zachary A. McEntyre to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101188, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 5, 2017 Filing 17 Motion for attorney David J. Farber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101178, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
April 5, 2017 Filing 16 Motion for attorney Jeffrey S. Cashdan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101107, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth)
March 29, 2017 Filing 15 Corporate Disclosure Statement filed by Progressive Corporation. (Farrell, Michael)
March 24, 2017 Opinion or Order Order [non-document] granting Defendant's #14 Motion for Extension of Time until 4/26/2017 to Answer. Judge Christopher A. Boyko on 3/24/2017.(H,CM)
March 23, 2017 Filing 14 Motion for extension of time until 4/26/17 to answer the Complaint filed by Defendant Progressive Corporation. Related document(s) #1 . (Attachments: #1 Proposed Order)(Farrell, Michael) Modified link on 3/27/2017 (P,G).
March 23, 2017 Filing 13 FILING ERROR, to be refiled adding subsidiaries. Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Corporation filed by Progressive Corporation. (Farrell, Michael) Modified on 3/28/2017 to note filing error (P,G).
March 14, 2017 Opinion or Order Order [non-document] granting Plaintiffs' Motions for attorneys Christopher L. Coffin, Nicholas R. Rockforte, Courtney L. Stidham, Pedram Esfandiary and R. Brent Wisner to appear pro hac vice (Related Doc #'s #7 , #8 , #9 , #10 , #11 ). Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Christopher A. Boyko on 3/14/2017.(H,CM)
March 13, 2017 Filing 12 Attorney Appearance by Michael L. Baum filed by on behalf of All Plaintiffs. (Baum, Michael)
March 13, 2017 Filing 11 Motion for attorney R. Brent Wisner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8064767, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A -Certificate of Good Standing, #2 Exhibit B- Declaration)(Turner, Tracy) Modified exhibit text on 3/13/2017 (G,CA).
March 13, 2017 Filing 10 Motion for attorney Pedram Esfandiary to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8064751, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A- Certificate of Good Standing, #2 Exhibit B- Declaration)(Turner, Tracy) Modified exhibit text on 3/13/2017 (G,CA).
March 13, 2017 Filing 9 Motion for attorney Courtney L. Stidham to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8064685, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B- Declaration)(Turner, Tracy) Modified exhibit text on 3/13/2017 (G,CA).
March 13, 2017 Filing 8 Motion for attorney Nicholas R. Rockforte to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8064655, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration)(Turner, Tracy) Modified exhibit text on 3/13/2017 (G,CA).
March 13, 2017 Filing 7 Motion for attorney Christopher L. Coffin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8063960, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration)(Turner, Tracy) Modified exhibit text on 3/13/2017 (G,CA).
March 9, 2017 Filing 6 Return of Service by Process Server executed upon Progressive Corporation on 3/6/2017, filed on behalf of All Plaintiffs (Turner, Tracy)
March 9, 2017 Filing 5 Attorney Appearance by Michael K. Farrell filed by on behalf of Progressive Corporation. (Farrell, Michael)
March 9, 2017 Filing 4 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Progressive Corporation. (Prabucki, Kenneth)
February 27, 2017 Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Progressive Corporation. (Attachments: #1 Magistrate Consent Form) (S,SR)
February 27, 2017 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (S,SR)
February 27, 2017 Judge Christopher A. Boyko assigned to case. (S,SR)
February 27, 2017 Notice to Attorney Christopher L. Coffin. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
February 27, 2017 Notice to Attorney Pedram Esfandiary. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
February 27, 2017 Notice to Attorney Nicholas R. Rockforte. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
February 27, 2017 Notice to Attorney R. Brent Wisner. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
February 27, 2017 Notice to Attorney Courtney L. Stidham. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (G,CA)
February 24, 2017 Filing 2 Corporate Disclosure Statement identifying Corporate Parent MSP Recovery Services, LLC for MSPA Claims 1, LLC; Corporate Parent MSP Recovery, LLC, Corporate Parent RD Legal Finance, LLC for MAO-MSO Recovery II, LLC filed by All Plaintiffs. (Turner, Tracy)
February 24, 2017 Filing 1 Complaint with jury demand against Progressive Corporation. Filing fee paid $ 400, Receipt number 0647-8041550.. Filed by MAO-MSO Recovery II, LLC, MSPA Claims 1, LLC, MSP Recovery, LLC. (Attachments: #1 Exhibit A-Representative Claims of the Plaintiffs, #2 Civil Cover Sheet, #3 Summons) (Turner, Tracy)

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Search for this case: MAO-MSO Recovery II, LLC et al v. Progressive Corporation, et al.
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Plaintiff: MAO-MSO Recovery II, LLC
Represented By: Michael L. Baum
Represented By: Courtney L. Stidham
Represented By: Christopher L. Coffin
Represented By: R. Brent Wisner
Represented By: Tracy L. Turner
Represented By: Nicholas R. Rockforte
Represented By: Pedram Esfandiary
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Plaintiff: MSP Recovery, LLC
Represented By: Michael L. Baum
Represented By: R. Brent Wisner
Represented By: Tracy L. Turner
Represented By: Pedram Esfandiary
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Plaintiff: MSPA Claims 1, LLC
Represented By: Michael L. Baum
Represented By: R. Brent Wisner
Represented By: Tracy L. Turner
Represented By: Pedram Esfandiary
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Defendant: Progressive Corporation
Represented By: Jeffrey S. Cashdan
Represented By: Kenneth G. Prabucki
Represented By: Zachary A. McEntyre
Represented By: Michael K. Farrell
Represented By: Emily S. Newton
Represented By: David J. Farber
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Defendant: Progressive Insurance
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Defendant: Progressive Casualty Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Kenneth G. Prabucki
Represented By: Zachary A. McEntyre
Represented By: Michael K. Farrell
Represented By: Emily S. Newton
Represented By: David J. Farber
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Defendant: Progressive
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Defendant: Progressive Group of Insurance Companies
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