MAO-MSO Recovery II, LLC et al v. Progressive Corporation, et al.
| MAO-MSO Recovery II, LLC, MSP Recovery, LLC and MSPA Claims 1, LLC |
| Progressive Corporation, Progressive Insurance, Progressive Casualty Insurance Company, Progressive and Progressive Group of Insurance Companies |
| 1:2017cv00390 |
| February 24, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Christopher A Boyko |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| 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) |
| 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) |
| 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) |
| 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) |
| 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). |
| 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). |
| 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). |
| 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) |
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)
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| 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) |
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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)
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| 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). |
| 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) |
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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)
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| 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). |
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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)
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| 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) |
| 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). |
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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)
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| 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). |
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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)
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| 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). |
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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)
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| 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). |
| 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). |
| 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) |
| 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) |
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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)
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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)
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| 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). |
| Filing 26 Stipulated Protective Order regarding confidential documents (Related doc #25 ). Judge Christopher A. Boyko on 5/17/2017. (H,CM) |
| Filing 25 Proposed Stipulated Protective Order filed by Defendant Progressive Corporation. (Prabucki, Kenneth) Modified text on 5/18/2017 (S,HR). |
| 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) |
| 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). |
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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)
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| 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). |
| 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). |
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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)
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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)
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| 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) |
| 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) |
| 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) |
| 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) |
| Filing 15 Corporate Disclosure Statement filed by Progressive Corporation. (Farrell, Michael) |
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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)
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| 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). |
| 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). |
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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)
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| Filing 12 Attorney Appearance by Michael L. Baum filed by on behalf of All Plaintiffs. (Baum, Michael) |
| 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). |
| 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). |
| 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). |
| 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). |
| 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). |
| Filing 6 Return of Service by Process Server executed upon Progressive Corporation on 3/6/2017, filed on behalf of All Plaintiffs (Turner, Tracy) |
| Filing 5 Attorney Appearance by Michael K. Farrell filed by on behalf of Progressive Corporation. (Farrell, Michael) |
| Filing 4 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Progressive Corporation. (Prabucki, Kenneth) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Progressive Corporation. (Attachments: #1 Magistrate Consent Form) (S,SR) |
| 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) |
| Judge Christopher A. Boyko assigned to case. (S,SR) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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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