MAO-MSO Recovery II, LLC et al v. Progressive Corporation, et al.
| MSP Recovery, LLC, MSPA Claims 1, LLC and MAO-MSO Recovery II, LLC |
| The Progressive Corporation d/b/a Progressive Group of Insurance Companies and Progressive Casualty Insurance Company, Progressive Corporation, Progressive Insurance, Progressive Casualty Insurance Company, Progressive and Progressive Group of Insurance Companies |
| 1:2017cv00686 |
| March 31, 2017 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Christopher A Boyko |
| James S Gwin |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 27, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 48 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 8/27/2018. (H,CM) |
| Filing 47 Opinion and Order. Defendant Progressive Corporation's Motion to Dismiss (Related doc #33 ) is granted and case is dismissed without prejudice. Because this Court lacks subject matter jurisdiction over the claims, Plaintiffs' Motion for Leave to Amend Complaint (Related doc #45 ) is denied as moot. Judge Christopher A. Boyko on 8/27/2018. (H,CM) |
| Filing 46 Opposition to #45 Motion to amend complaint, Motion to join or substitute party filed by Progressive Corporation. (Cashdan, Jeffrey) |
| Filing 45 Motion to amend complaint, Motion to join or substitute party filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Proposed Plaintiffs' Second Amended Complaint, #2 Exhibit A - Representative Claims Data, #3 Exhibit B - Progressive Reporting, #4 Exhibit C - La Ley FHCP Agreement, #5 Exhibit D - La Ley MSPA Agreement, #6 Exhibit F - Settlement Agreement, #7 Proposed Order)(Turner, Tracy). Added motion event on 7/23/2018 (M,S). |
| Filing 44 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-State Farm Order, #2 Exhibit B-Netro Decision)Related document(s) #34 .(Turner, Tracy) ). |
| Filing 43 Third Notice of Supplemental Authority filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit A - May 25, 2018 Order in MAO-MSO Recovery II v. State Farm)Related document(s) #33 .(McEntyre, Zachary) |
| Filing 42 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) #34 .(Turner, Tracy) |
| Filing 41 Notice of Supplemental Authority 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)Related document(s) #28 .(Turner, Tracy) |
| Filing 40 Second Notice of Supplemental Authority filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit Supplemental Authority)Related document(s) #33 .(Prabucki, Kenneth) |
| Filing 39 Notice of Supplemental Authority filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-GEICO Order Denying Motion to Dismiss)Related document(s) #34 .(Turner, Tracy) |
| Filing 38 Notice of Supplemental Authority filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Exhibit Supplemental Authority)Related document(s) #33 .(Prabucki, Kenneth) |
Filing 37
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)
|
| Filing 36 Reply in support of #33 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) |
|
Order [non-document] granting Defendants' #35 Motion for extension of time until 12/13/2017 to file reply in support of #33 Motion to dismiss. Judge Christopher A. Boyko on 11/17/2017.(H,CM)
|
| Filing 35 Unopposed Motion for extension of time until 12/13/17 to file reply in support of #33 Motion to dismiss filed by Progressive Casualty Insurance Company, Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 11/17/2017 (S,HR). |
| Filing 34 Opposition to #33 Motion to dismiss first 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) |
|
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 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)
|
| Filing 33 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) #28 . (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). |
|
Order [non-document] granting Defendant Progressive Corporation's #32 Motion for Extension of Time until 10/9/2017 to Answer. Judge Christopher A. Boyko on 10/2/2017.(H,CM)
|
| Filing 32 Unopposed Motion for extension of time until 10/9/2017 to answer, move, plead or otherwise respond to the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) Modified text on 10/2/2017 (S,HR). |
| Filing 31 Joint Motion for extension of time until October 2, 2017 to answer, move, or otherwise respond to the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Cashdan, Jeffrey) Modified text on 9/15/2017 (S,HR). |
|
Order [non-document] granting Joint #31 Motion 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)
|
| Filing 30 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). |
|
Order [non-document] granting Defendants' #30 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)
|
| Filing 29 Unopposed Motion for extension of time until 8/31/17 to answer the First Amended Complaint filed by Defendant Progressive Corporation. (Attachments: #1 Proposed Order)(Prabucki, Kenneth) |
|
Order [non-document]granting #29 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)
|
| Filing 28 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 MSP Recovery, LLC, MAO-MSO Recovery II, LLC, MSPA Claims 1, LLC. (Turner, Tracy) Modified text on 7/20/2017 (S,HR). |
| Filing 27 Motion to dismiss for failure to state a claim, and for lack of subject matter jurisdiction 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 #28 and amended motion #33 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 26 Report of Parties' Planning Meeting , parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Turner, Tracy) |
|
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)
|
| Filing 25 Stipulated Protective Order regarding confidential documents (Related doc #24 ). Judge Christopher A. Boyko on 5/23/2017. (H,CM) |
| Filing 24 Proposed Stipulated Protective Order filed by Defendant Progressive Corporation. (Prabucki, Kenneth) Modified on 5/19/2017 (S,HR). |
|
Order [non-document] granting Defendant's #23 Motion for Extension of Time until 6/27/2017 to Answer. Judge Christopher A. Boyko on 5/19/2017.(H,CM)
|
| Filing 23 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 22 Notice of Case Management Conference. Conference reset* to be held on 6/14/2017 at 02:00 PM at Chambers 15B. (*Note new date and time.) Judge Christopher A. Boyko on 5/12/2017. (Attachments: #1 Report of Parties' Planning Meeting, #2 Consent Package)(H,CM) |
|
Filing 21
Order Transferring Case signed by Judge James S. Gwin on 5/12/17. This case is returned to the Clerk for reassignment to Judge Christopher A. Boyko for all further proceedings as related to Case No. 1:17CV00390. (Related Doc. #20 ) (D,MA) Modified on 5/15/2017 (S,HR).
|
| Judge Christopher A. Boyko assigned to case. Judge James S. Gwin terminated. (S,SR) |
| Filing 20 Joint Motion to reassign case to Judge Christopher A. Boyko filed by Defendant Progressive Corporation. (Prabucki, Kenneth) |
|
Order [non-document] entered by Judge James S. Gwin on 4/28/17 granting the motions for admission pro hac vice of Attorneys Jeffrey S. Cashdan, David J. Farber, Zachary A. McEntyre, and Emily S. Newton on behalf of defendant. 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. (Related Docs. #16 , #17 , #18 , and #19 ) (D,MA)
|
| Filing 19 Motion for attorney Emily S. Newton to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8132354, 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 0647-8132344, 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 0647-8132337, 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 0647-8132324, filed by Defendant Progressive Corporation. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
| IMPORTANT: Notice [non-document] that the case management conference previously scheduled for 5/24/17 is reset due to a conflict on the Court's calendar. Conference shall be held 5/22/17 at 1:00 p.m., Chambers 18A before Judge James S. Gwin. (Related Doc. #15 ) (D,MA) |
|
Filing 15
Case Management Conference Scheduling Order signed by Judge James S. Gwin on 4/20/17 setting a conference for 5/24/17 at 9:00 a.m., Chambers 18A. IMPORTANT: The parties are advised to carefully read this Order. The Court requires the attendance of (1) all parties, (2) lead counsel and (3) a representative with full authority for settlement purposes. (D,MA)
|
| Filing 14 Magistrate Consent Package issued on behalf of Judge James S. Gwin on 4/20/17. (D,MA) |
|
Order [non-document] entered by Judge James S. Gwin on 4/20/17 granting the motions to appear pro hac vice of Attorneys Christopher L. Coffin, Courtney L. Stidham, R. Brent Wisner, and Pedram Esfandiary on behalf of plaintiffs. 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. (Related Docs. #5 , #6 , #7 , #8 , #9 , and #10 ) (D,MA)
|
| Filing 13 Corporate Disclosure Statement filed by Progressive Corporation. (Farrell, Michael) |
| Filing 12 Attorney Appearance by Michael K. Farrell filed by on behalf of Progressive Corporation. (Farrell, Michael) |
| Filing 11 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Progressive Corporation. (Prabucki, Kenneth) |
| Filing 10 Declaration in Support of #6 Motion for attorney Courtney L. Stidham to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101283, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. Related document(s) #6 . (Turner, Tracy) Modified text on 4/10/2017 (P,WL). |
| Filing 9 Declaration in Support of #5 Motion for attorney Christopher L. Coffin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101279, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. Related document(s) #5 . (Turner, Tracy) Modified text on 4/10/2017 (P,WL). |
| Filing 8 Motion for attorney Pedram Esfandiary to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101285, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing over 30 days old, #2 Affidavit of Pedram Esfandiary)(Turner, Tracy) Modified exhibit text on 4/6/2017 (G,CA). |
| Filing 7 Motion for attorney R. Brent Wisner to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101284, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing over 30 days old, #2 Affidavit of R. Brent Wisner)(Turner, Tracy) Modified exhibit text on 4/6/2017 (G,CA). |
| Filing 6 Motion for attorney Courtney L. Stidham to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101283, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing over 30 days old, #2 Unsigned Affidavit of Courtney L. Stidham)(Turner, Tracy) Modified exhibit text on 4/6/2017 (G,CA). |
| Filing 5 Motion for attorney Christopher L. Coffin to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8101279, filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A-Certificate of Good Standing, #2 Affidavit of Christopher L. Coffin)(Turner, Tracy) |
| Filing 4 Attorney Appearance by Michael L. Baum filed by on behalf of MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Baum, Michael) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon All Defendants. (Attachments: #1 Magistrate Consent Form) (P,WL) |
| 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) |
| 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 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) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent MSP Recovery, LLC, Corporate Parent RD Legal Finance, LLC for MAO-MSO Recovery II, LLC; Corporate Parent MSP Recovery Services, LLC for MSPA Claims 1, LLC filed by MAO-MSO Recovery II, LLC, MSP Recovery, LLC, MSPA Claims 1, LLC. (Turner, Tracy) |
| Filing 1 Complaint with jury demand against Progressive Corporation. Filing fee paid $ 400, Receipt number 0647-8094642. Plaintiff has indicated that case may be related to pending civil action 1:17-cv-00390. Filed by MSP Recovery, LLC, MAO-MSO Recovery II, LLC, MSPA Claims 1, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons) (Turner, Tracy) Modified text on 4/12/2017 (P,WL). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (P,WL) |
| Judge James S. Gwin assigned to case. (P,WL) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
