MSP Recovery Claims, Series LLC et al v. Progressive Corporation et al
MSP Recovery Claims, Series LLC, Series 15-09-157, MSPA Claims 1, LLC and Series 16-11-509 |
Progressive American Insurance Company, Progressive Direct Holdings, Inc., Progressive Casualty Insurance Company, Progressive Claims Management, Progressive Corporation, Progressive Select Insurance Company, Progressive Classic Insurance, Progressive Group of Insurance Companies, Progressive Insurance Company, Progressive Northwestern and Progressive Preferred Insurance Company |
1:2018cv02273 |
October 1, 2018 |
US District Court for the Northern District of Ohio |
Christopher A Boyko |
Contract: Recovery Medicare |
42 U.S.C. § 1395 |
Both |
Docket Report
This docket was last retrieved on January 19, 2021. A more recent docket listing may be available from PACER.
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Filing 67 Response to Defendants' Position Paper Following Limited Discovery filed by All Plaintiffs. Related document(s) #64 .(Turner, Tracy) |
Filing 66 SEALED Document: Exhibit B filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Related document(s) #42 , #65 ). (Attachments: #1 Exhibit C - Bates No. 714, #2 Exhibit E - Bates No. 537-538, #3 Exhibit F - Bates No. 3487, #4 Exhibit G - Bates No. 3213, #5 Exhibit I - Bates No. 4821-4822, #6 Exhibit J - Bates No. 2514, #7 Exhibit K - Bates No. 2516, #8 Exhibit N - Bates No. 6017, #9 Exhibit M - Bates No. 5932) (Turner, Tracy). Modified on 9/17/2020, attorney contacted regarding the lack of case caption and signature block (H,SP). |
Filing 65 Position paper and proposed case management order filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - HHS Brief, #2 Exhibit D - J. R Conditional Payment Info, #3 Exhibit H - T.M Conditional Payment Info, #4 Exhibit L - C.P Conditional Payment Info)(Turner, Tracy) |
Filing 64 Position paper following limited discovery filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - Proposed Case Management Order, #2 Exhibit B - August 20, 2020 Letter, #3 Exhibit C - Plaintiffs' Response to First Set of Interrogatories)Related document(s) #61 .(Cashdan, Jeffrey) |
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Filing 63 Motion for attorney David M. Hundley to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10185061, filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Declaration of David Hundley, #2 Proposed Order)(Turner, Tracy) |
Filing 62 Stipulation & Order re #55 Discovery of Electronically Stored Information. Judge Christopher A. Boyko on 6/4/2020. (D, I) |
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Filing 60 Motion for relief Request for Case Management Conference filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Turner, Tracy) |
Filing 59 Notice of Supplemental Authority filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit A - Covington Report and Recommendation Denying Motion to Dismiss)Related document(s) #56 .(Turner, Tracy) |
Filing 58 SEALED Document:Exhibit A to Defendants' Reply Brief in Support of Their Motion to Bifurcate Discovery filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #42 , #57 . (Cashdan, Jeffrey) |
Filing 57 Reply in support of #53 Motion to bifurcate Discovery filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A - Payments Summary Sheet)(Cashdan, Jeffrey) |
Filing 56 Opposition to #53 Motion to bifurcate Discovery filed by All Plaintiffs. (Attachments: #1 Exhibit A - Report of Parties' Planning Meeting)(Turner, Tracy) |
Filing 55 Joint Motion Entry of Stipulated Order Regarding Discovery of Electronically Stored Information filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order Regarding Discovery of Electronically Stored Information)(Turner, Tracy) |
Filing 54 SEALED Document: Exhibit B to Motion to Bifurcate - Claims Data filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #53 ). (Cashdan, Jeffrey) |
Filing 53 Motion to bifurcate Discovery filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Brief in Support, #2 Exhibit A - Third Amended Complaint, #3 Exhibit B - Claims Data, #4 Exhibit C - Plaintiff's First Interrogatories, #5 Exhibit D - Plaintiff's First Request for Production of Documents)(Cashdan, Jeffrey) |
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Filing 51 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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Filing 50 Motion for attorney Shannon A. Shelton to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9770261, filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Affidavit of Shannon Shelton, #2 Proposed Order)(Turner, Tracy) |
LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
As of January 6, 2020 Judge Christopher Boyko has taken Senior Status. Effective February 3, 2020, Judge Boyko is moving his chambers to the Howard Metzenbaum Courthouse located at 201 Superior Avenue, Cleveland, Ohio 44114. His office will be located in the East Chambers Rm 328. The Court will maintain courtroom facilities at Courtroom 15B of the Carl B. Stokes Courthouse so please consult the docket for the location of any upcoming proceedings. The phone number will remain 216 357-7151 so any telephonic conferences will not be affected by the change in location. (SL) (ADI) |
Filing 49 Attorney Appearance by Timothy H. Lee filed by on behalf of Progressive Preferred Insurance Company. (Lee, Timothy) |
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Filing 48 Motion for attorney Timothy H. Lee to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9725155, filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
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IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
Filing 47 Unopposed Motion by Courtney L. Stidham to withdraw as attorney filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Stidham, Courtney) |
Filing 46 Answer to #43 First Amended class action complaint, for damages and demand for jury trial filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
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Filing 45 Unopposed Motion for extension of time until December 27, 2019 to answer Plaintiff's Amended Complaint filed by Defendant Progressive Preferred Insurance Company. (Attachments: #1 Proposed Order)(Cashdan, Jeffrey) |
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Filing 44 Unopposed Motion for extension of time until December 27, 2019 to to File a Response or Answer to Plaintiffs' Amended Complaint filed by Progressive American Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Proposed Order)(Cashdan, Jeffrey) |
Filing 43 First Amended complaint against Progressive American Insurance Company, Progressive Select Insurance Company and adding new party defendant(s) Progressive Preferred Insurance Company. Filed by MSPA Claims 1, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Exhibit A-J.R. Claims Data, #2 Exhibit B- J.R. Ability Report, #3 Exhibit C- L.B. Claims Data, #4 Exhibit D- L.B Ability Report, #5 Exhibit E- Progressive Reporting to CMS, #6 Exhibit F- T. M. Claims Data, #7 Exhibit G- T.M. Ability Report, #8 Exhibit H- C.P. Claims Data, #9 Exhibit I- C.P Ability Report, #10 Exhibit J- FHCP- La Ley Assignment, #11 Exhibit K- La Ley- MSPA Assignment, #12 Exhibit L- Receiver Settlement Agreement, #13 Exhibit M- Court Order Approving Settlement, #14 Exhibit N- IMC-MSP Recovery Assignment, #15 Exhibit O- MSP- MSPA Assignment, #16 Exhibit P- IMC Affidavit, #17 Exhibit Q-Connecticare Assignment, #18 Exhibit R- SummaCare- MSP Recovery Assignment, #19 Exhibit S- SummaCare MSP Series Assignment) (Turner, Tracy) |
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Filing 42 Protective Order regarding confidential documents, with acknowledgment and agreement attached. Judge Christopher A. Boyko on 11/13/2019. (D, I) |
Filing 41 Unopposed Motion for extension of time to file Plaintiffs' First Amended Complaint, filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order)(Turner, Tracy) |
Filing 40 Joint Motion for protective order filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order Stipulated Protective Order)(Turner, Tracy) |
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Filing 39 Unopposed Motion for extension of time to file Plaintiffs' First Amended Complaint until November 12, 2019 filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order)(Turner, Tracy) |
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Filing 38 Motion for extension of time to file Plaintiffs' First Amended Complaint until October 28, 2019 filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order)(Turner, Tracy) |
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Filing 37 Unopposed Motion for extension of Deadline to file Plaintiffs' First Amended Complaint until October 21, 2019 filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order)(Turner, Tracy) |
Filing 36 Opinion and Order. Defendants' Motion to Dismiss (ECF #28 ) is granted in part and denied in part. The Court grants Defendants' Motion, in part and dismisses Plaintiffs' claims against The Progressive Group of Insurance Companies, Progressive Insurance Company, Progressive Claims Management and Progressive Corporation. The Court denies Defendants' Motion as to the remaining Defendants. The Court further Orders Plaintiffs to submit an Amended Complaint no later than October 11, 2019, linking each representative Plaintiff's claim to a specific Defendant. Judge Christopher A. Boyko on 9/17/2019.(W,CM) |
Filing 35 Notice of Supplemental Authority filed by All Defendants. (Attachments: #1 Exhibit-Memorandum Decision and Order )Related document(s) #28 .(Cashdan, Jeffrey) Modified text on 10/2/2019 (S,SR). |
Filing 34 Notice of Supplemental Authority filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Exhibit A- Memorandum Opinion And Order)Related document(s) #30 .(Turner, Tracy) |
Judge Christopher A. Boyko reassigned to case, Judge Patricia A. Gaughan terminated. (B,R) Related document #33 Corrected Order of Recusal. |
Judge Patricia A. Gaughan assigned to case, Judge Pamela A. Barker terminated. Related document #33 Order of Recusal. (B,R) |
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Case reassigned to Judge Pamela A. Barker pursuant to General Order 2019-13. (B,R) |
Filing 32 Notice of Supplemental Authority filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Exhibit A- Tenet Memorandum Opinion, #2 Exhibit B- AIX Order)Related document(s) #30 .(Turner, Tracy) |
Filing 31 Reply in support of #28 Motion to dismiss for failure to state a claim Motion to dismiss for lack of jurisdiction filed by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
Filing 30 Opposition to #28 Motion to dismiss for failure to state a claim Motion to dismiss for lack of jurisdiction filed by All Plaintiffs. (Turner, Tracy) |
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Filing 29 Unopposed Motion for extension of Response and Reply to Motion to Dismiss until Janaruy 25, 2019; February 16, 2019 filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order)(Turner, Tracy) |
Filing 28 Motion to dismiss for failure to state a claim , Motion to dismiss for lack of jurisdiction filed by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Michael Uth)(Cashdan, Jeffrey) |
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Filing 27 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Turner, Tracy) |
Filing 26 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Select Insurance Company filed by Progressive Select Insurance Company. (Prabucki, Kenneth) |
Filing 25 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Northwestern filed by Progressive Northwestern. (Prabucki, Kenneth) |
Filing 24 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Direct Holdings, Inc. filed by Progressive Direct Holdings, Inc.. (Prabucki, Kenneth) |
Filing 23 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Classic Insurance filed by Progressive Classic Insurance. (Prabucki, Kenneth) |
Filing 22 Corporate Disclosure Statement filed by Progressive Corporation. (Prabucki, Kenneth) |
Filing 21 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive American Insurance Company filed by Progressive American Insurance Company. (Prabucki, Kenneth) Modified on 12/14/2018 (S,SR). |
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Filing 20 Attorney Appearance of Zachary A. McEntyre by Kenneth G. Prabucki filed by on behalf of Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. Related document(s) #16 .(Prabucki, Kenneth) s/ by Zachary A. McEntyre. Modified text on 12/14/2018 (S,SR). |
Filing 19 Attorney Appearance of Emily S. Newton by Kenneth G. Prabucki filed by on behalf of Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. Related document(s) #12 .(Prabucki, Kenneth) s/ by Emily Newton. Modified text on 12/14/2018 (S,SR). |
Filing 18 Attorney Appearance of David J. Farber by Kenneth G. Prabucki filed by on behalf of Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. Related document(s) #11 .(Prabucki, Kenneth) s/ By David Farbe. Modified text on 12/14/2018 (S,SR). |
Filing 17 Attorney Appearance of Jeffrey S. Cashdan by Kenneth G. Prabucki filed by on behalf of Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. Related document(s) #10 .(Prabucki, Kenneth) s/ by Jeffrey S. Cashdan. Modified text on 12/14/2018 (S,SR). |
Filing 16 Motion for attorney Zachary A. McEntyre to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9045805, filed by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
Filing 15 Unopposed Motion to Conduct the December 17, 2018 Case Management Conference by Telephone filed by Defendant Progressive Casualty Insurance Company. (Prabucki, Kenneth) |
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Filing 14 Attorney Appearance by Michael K. Farrell filed by on behalf of Progressive American Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. (Farrell, Michael) |
Filing 13 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Progressive American Insurance Company, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Northwestern, Progressive Select Insurance Company. (Prabucki, Kenneth) |
Filing 12 Motion for attorney Emily S. Newton to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9037130, filed by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
Filing 11 Motion for attorney David J. Farber to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9037109, filed by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
Filing 10 Motion for attorney Jeffrey S. Cashdan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9037058, filed by Defendant Progressive Casualty Insurance Company. (Attachments: #1 Affidavit, #2 Proposed Order)(Prabucki, Kenneth) |
IMPORTANT: Notice [non-document]. Case management conference reset* to be held on 12/17/2018 at 11:00 AM at Chambers 15B before Judge Christopher A. Boyko. (*Please note new date and time.) (H,CM) |
Filing 9 Consent to Transfer and Order of Transfer of a Refiled Case: Pursuant to Local Rule 3.1(b)(4), a case which is refiled after being discontinued, dismissed, or remanded shall be assigned to the same District Judge who received the initial case assignment. The undersigned are the transferor and transferee judges consenting to the transfer of this refiled case. This case is hereby transferred as a refiling of Case Number 1:17 CV 00390. Judge Patricia A. Gaughan on 11/19/18. (LC,S) re #7 |
Judge Christopher A. Boyko assigned to case, Judge Patricia A. Gaughan terminated. (S,SR) |
Filing 8 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Casualty Insurance Company filed by Progressive Casualty Insurance Company. (Prabucki, Kenneth) |
Filing 7 Unopposed Motion to reassign case to Judge Christopher A. Boyko filed by Defendant Progressive Casualty Insurance Company. (Prabucki, Kenneth) |
Filing 6 Attorney Appearance by Michael K. Farrell filed by on behalf of Progressive Casualty Insurance Company. (Farrell, Michael) |
Filing 5 Attorney Appearance by Kenneth G. Prabucki filed by on behalf of Progressive Casualty Insurance Company. (Prabucki, Kenneth) |
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Filing 3 Magistrate Consent Form issued. No summons provided, no summons issued. (S,SR) |
Judge Patricia A. Gaughan assigned to case, (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 William H. Baughman, Jr. (S,SR) |
Filing 2 Corporate Disclosure Statement filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Turner, Tracy) |
Filing 1 Class Action Complaint with jury demand against Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Claims Management, Progressive Classic Insurance, Progressive Corporation, Progressive Direct Holdings, Inc., Progressive Group of Insurance Companies, Progressive Insurance Company, Progressive Northwestern, Progressive Select Insurance Company. Filing fee paid $ 400, Receipt number 0647-8936652. Plaintiff has indicated that case may be related to terminated civil action 1:17-cv-00390. Filed by Series 15-09-157, MSPA Claims 1, LLC, MSP Recovery Claims, Series LLC, Series 16-11-509. (Attachments: #1 Civil Cover Sheet, #2 Errata A - LB Claims Data, #3 Exhibit B - Progressive Reporting, #4 Exhibit C - LB Ability, #5 Exhibit D - JR Claims Data, #6 Exhibit E - JR Ability, #7 Exhibit F - TM Claims Data, #8 Exhibit G - TM Ability, #9 Exhibit H - CP Claims Data, #10 Exhibit I - CP Ability, #11 Exhibit J - FHCP Agreement, #12 Exhibit K - La Ley MSPA Assignment, #13 Exhibit L - Receiver Settlement Agreement, #14 Exhibit M - Order Approving Settlement, #15 Exhibit N - IMC Agreement, #16 Exhibit O - MSP-MSPA Assignment, #17 Exhibit P - IMC Affidavit, #18 Exhibit Q - Connecticare Assignment, #19 Exhibit R - Summacare MSP Recovery Assignment, #20 Exhibit S - Summacare MSP Series Assignment) (Turner, Tracy) |
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