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 HHS: Adverse Reimbursement Review |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 144 Judgment Entry: The Court has filed its OPINION AND ORDER granting Defendants' RenewedMotion for Summary Judgment in the above-captioned matter. Accordingly, this action is terminated pursuant to Federal Rule of Civil Procedure 58. Judge Christopher A. Boyko on 9/28/2023. (L,Ja) |
| Filing 143 Opinion and Order: For reasons set forth in this order, Defendants Progressive American Insurance Company, Progressive Preferred Insurance Company and Progressive Select Insurance Company's #108 Renewed Motion for Summary Judgment is Granted. Judge Christopher A. Boyko on 9/28/2023. (L,Ja) |
Order [non-document] In light of the Court's Opinion and Order granting Defendants' Renewed Motion for Summary Judgment, and because the challenged opinions, declarations and exhibits were not essential to the court's analysis, Defendants Motions #111 , #113 and #115 are denied as moot. Judge Christopher A. Boyko on 9/28/2023. (L,Ja)
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| Filing 142 Response to Defendants' Notice of Supplemental Authority filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. Related document(s) #141 . (Geer, Martha) |
| Filing 141 Notice of Supplemental Authority filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A: Supplemental Authority). Related document(s) #108 . (Cashdan, Jeffrey) |
| Filing 140 Marginal Entry Order granting Defendants' Motion to seal (Related Doc #133 ). Judge Christopher A. Boyko on 4/4/2023.(L,Ja) |
| Filing 139 SEALED Document: Reply in support of of #113 Motion to strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan, #115 Motion to exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda, filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #115 , #114 , #138 , #116 , #113 ) (Cashdan, Jeffrey) |
| Filing 138 Reply in support of #113 Motion to strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan, #115 Motion to exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit 1: Miranda Deposition Excerpts, #2 Exhibit 2: Rusk Deposition Excerpts)(Cashdan, Jeffrey) Modified text on 4/4/2023 (M,CE). |
| Filing 137 SEALED Document: Reply Memorandum in Support of #111 Motion to exclude the Opinions of Julio Llamo and Adam Block filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #112 , #111 , #136 ). (Attachments: #1 Exhibit 1: Llamo Deposition Excerpts) (Cashdan, Jeffrey) |
| Filing 136 Reply in support of #111 Motion to exclude the Opinions of Julio Llamo and Adam Block filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit 1: Filed Under Seal)(Cashdan, Jeffrey) |
| Filing 135 SEALED Document: Reply Memorandum in Support of #108 Renewed Motion for Summary Judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #109 , #108 ) (Cashdan, Jeffrey) |
| Filing 134 Reply in support of #108 Renewed Motion for summary judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
| Filing 133 Motion to seal filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
| Filing 132 Attorney Appearance by Douglas H. Sanders filed by on behalf of All Plaintiffs. (Sanders, Douglas) |
| Filing 131 SEALED Document: Exhibits to Opposition to Renewed Motion for Summary Judgment (Unsigned) filed by All Plaintiffs. (Related document(s) #130 , #127 , #108 ). (Attachments: #1 Exhibit 5 - Julio Llamo Deposition Excerpts, #2 Exhibit 8 - PROG MSP 00003209-3210, #3 Exhibit 9 - PROG MSP 00003558, #4 Exhibit 10 - PROG MSP 00006607-6824, #5 Exhibit 11 - PROG MSP 00005992-6016, #6 Exhibit 12 - MSP PROGRESSIVE 000286-307, #7 Exhibit 13 - PROG MSP 00002511-2515) (Geer, Martha) |
| Filing 130 Marginal Entry Order granting Plaintiffs' Motion to seal certain exhibits (Related Doc #126 ). Judge Christopher A. Boyko on 3/14/2023.(L,Ja) |
| Filing 129 Opposition to #115 Motion to exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda, #113 Motion to strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan filed by All Plaintiffs. (Geer, Martha) |
| Filing 128 Opposition to #111 Motion to exclude the Opinions of Julio Llamo and Adam Block filed by All Plaintiffs. (Geer, Martha) |
| Filing 127 Opposition to #109 Memorandum in Support of Their Renewed Motion for Summary Judgment, #108 Motion for summary judgment Renewed filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Melissa Rusk Deposition Excerpts, #2 Exhibit 2 - Carlos Manalansan Deposition Excerpts, #3 Exhibit 3 - Kevin Wirges Deposition Excerpts, #4 Exhibit 4 - Christopher Miranda Deposition Excerpts, #5 Exhibit 5 - To Be Filed Under Seal, #6 Exhibit 6 - Adam Block Deposition Excerpts, #7 Exhibit 7 - PROG MSP 00000932-945, #8 Exhibit 8 - To Be Filed Under Seal, #9 Exhibit 9 - To Be Filed Under Seal, #10 Exhibit 10 - To Be Filed Under Seal, #11 Exhibit 11 - To Be Filed Under Seal, #12 Exhibit 12 - To Be Filed Under Seal, #13 Exhibit 13 - To Be Filed Under Seal)(Geer, Martha) |
| Filing 126 Motion to seal certain exhibits filed in support of plaintiffs' opposition to defendants' renewed motion for summary judgment filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. Related document(s) #42 . (Geer, Martha) |
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Filing 125
Order granting Plaintiffs' #124 Consent Motion for Extension of Deadlines Related toMotion for Summary Judgment. Plaintiffs shall have up to and including March 13, 2023 to file their responses to Defendants' Renewed Motion for Summary Judgment (ECF No. #108 ), Defendants' Motion to Exclude the Opinions of Julio Llamo and Adam Block (ECF No. #111 ), Defendants' Motion to Strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan (ECF No. #113 ), and Defendants' Motion to Exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda (ECF No. #115 ). Defendants are also hereby GRANTED up to and included April 3, 2023 to file any replies to Plaintiffs' responses. Judge Christopher A. Boyko on 2/28/2023. (L,Ja)
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| Filing 124 Consent Motion for extension of time until 04/03/2023 to file response/reply to #115 Motion to exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda, #108 Motion for summary judgment Renewed, #113 Motion to strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan, #111 Motion to exclude the Opinions of Julio Llamo and Adam Block filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. Related document(s) #115 , #108 , #113 , #111 . (Attachments: #1 Exhibit A - Proposed Order)(Geer, Martha) |
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Filing 123
Order granting Plaintiff's #122 Cosent Motion to Respond to Defendants' Renewed Motion for Summary Judgment until Mach 6, 2023. Defendants are also hereby GRANTED up to and included March 27, 2023 to file any replies to Plaintiffs' responses. Judge Christopher A. Boyko on 2/1/23.(L,Ja)
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| Filing 122 Consent Motion for extension of time to Respond to Defendants' Motions until Mach 6, 2023 filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. Related document(s) #115 , #108 , #113 , #111 . (Attachments: #1 Proposed Order Exhibit A)(Geer, Martha) |
| Filing 121 Amended Certificate of Service for Defendants' Memorandum in Support of Their Renewed Motion for Summary Judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #110 .(Cashdan, Jeffrey) |
| Filing 120 Amended Certificate of Service for Defendants' Memorandum in Support of Their Motion to Strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #114 .(Cashdan, Jeffrey) |
| Filing 119 Amended Certificate of Service for Defendants' Memorandum in Support of Their Motion to Exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #116 .(Cashdan, Jeffrey) |
| Filing 118 Amended Certificate of Service for Defendants' Memorandum in Support of Their Motion to Exclude the Opinions of Julia Llamo and Adam Block filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #112 .(Cashdan, Jeffrey) |
| Filing 117 Marginal Entry Order granting Defendants' Motion to seal (Related Doc #107 ). Judge Christopher A. Boyko on 1/25/2023.(L,Ja) |
| Filing 116 SEALED Document: Memorandum in Support of Motion to Exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #115 ) (Cashdan, Jeffrey). Modified on 1/25/2023, filer notified of error with certificate of service page (H,SP). |
| Filing 115 Motion to exclude Certain Statements and Exhibits Attached to the Declaration of Christopher Miranda filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #109 , #108 . (Attachments: #1 Memorandum)(Cashdan, Jeffrey) Modified text on 1/23/2023 (H,Ch). |
| Filing 114 SEALED Document: Memorandum in Support of Motion to Strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #113 ) (Cashdan, Jeffrey). Modified on 1/25/2023, filer notified of error with certificate of service page (H,SP). |
| Filing 113 Motion to strike the Testimony of Melissa Rusk, Kevin Wirges, and Carlos Manalansan filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #109 , #108 . (Attachments: #1 Memorandum)(Cashdan, Jeffrey) |
| Filing 112 SEALED Document: Memorandum in Support of Motion to Exclude the Opinions of Julio Llamo and Adam Block filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #111 ) (Cashdan, Jeffrey). Modified on 1/25/2023, filer notified of error with certificate of service page (H,SP) |
| Filing 111 Motion to exclude the Opinions of Julio Llamo and Adam Block filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #108 . (Attachments: #1 Memorandum, #2 Exhibit 1: Adam Block List of Prior Cases)(Cashdan, Jeffrey) Modified text on 1/23/2023 (H,Ch). |
| Filing 110 SEALED Document: Memorandum in Support of Renewed Motion for Summary Judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #109 , #108 ). (Attachments: #1 Exhibit 2: Rusk Deposition Excerpts, #2 Exhibit 3: Wirges Deposition Excerpts, #3 Exhibit 4: Manalansan Deposition Excerpts, #4 Exhibit 5: Miranda Deposition Excerpts, #5 Exhibit 6: Llamo Deposition Excerpts) (Cashdan, Jeffrey). Modified on 1/25/2023, filer notified of error with certificate of service page (H,SP). |
| Filing 109 Memorandum in Support of Renewed Motion for Summary Judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #108 . (Cashdan, Jeffrey) Modified on 1/24/2023 (L,Br). |
| Filing 108 Motion for summary judgment Renewed filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #104 . (Attachments: #1 Exhibit 1: Block Deposition Excerpts, #2 Exhibit 2: Rusk Deposition Excerpts, #3 Exhibit 3: Wirges Deposition Excerpts, #4 Exhibit 4: Manalansan Deposition Excerpts, #5 Exhibit 5: Miranda Deposition Excerpts, #6 Exhibit 6: Llamo Deposition Excerpts)(Cashdan, Jeffrey) |
| Filing 107 Motion to seal filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Attachment A: Index of Exhibits)(Cashdan, Jeffrey) Modified on 1/23/2023 (L,Br). |
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Order [non-document]granting Motion for appearance pro hac vice by attorney Karl J. Amelchenko for MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #106 ). Judge Christopher A. Boyko on 11/17/2022.(L,Ja)
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| Filing 106 Motion for attorney Karl J. Amelchenko to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11716017, filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Geer, Martha) |
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Order [non-document] granting Defendant's #105 Unopposed Motion for Extension of Time for discovery on standing to December 8, 2022 and renewed motion for summary judgment to January 20, 2023. Judge Christopher A. Boyko on 11/15/2022.(L,Ja)
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| Filing 105 Unopposed Motion for extension of Deadlines filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Proposed Order)(Cashdan, Jeffrey) |
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Order [non-document] granting Plaintiffs' Motion to withdraw as attorney,. Attorney David M. Hundley removed from case. (Related Doc #102 ). Judge Christopher A. Boyko on 10/7/2022.(L,Ja)
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Filing 104
Order: For reasons set forth in this order, grants in part Defendants' Motion to Strike, reopens discovery, denies the pending summary judgment motion as moot and orders Defendants to file a renewed summary judgment (Related Documents #74 & #91 ). Judge Christopher A. Boyko on 9/29/2022.(L,Ja)
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Filing 103
Order denying Defendants' Motion to quash (Related Doc #78 ). Judge Christopher A. Boyko on 9/29/2022.(L,Ja)
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| Filing 102 Motion by David M. Hundley to withdraw as attorney filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Proposed Order)(Hundley, David) |
| Filing 101 Supplement to Motion for summary judgment - Defendants' Notice of Supplemental Authority, filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #74 . (Attachments: #1 Exhibit A: Supplemental Authority)(Cashdan, Jeffrey) |
| Filing 100 Response to Defendants' Notice of Supplemental Authority (ECF No. 98) filed by All Plaintiffs. Related document(s) #98 . (Geer, Martha) |
| Filing 99 Notice of Firm Name and Email Address Change filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Hundley, David) |
| Filing 98 Notice of Supplemental Authority filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit A: MAO-MSO Recovery II, LLC, et al v. The Farmers Insurance Exchange, et al, #2 Exhibit B: MAO-MSO Recovery II, LLC et al v. The Farmers Insurance Exchange et al)Related document(s) #91 , #74 .(Cashdan, Jeffrey) |
| Filing 97 Reply in support of #91 Motion to strike Exhibits, or Alternatively, Motion for sanctions filed by All Defendants. (Cashdan, Jeffrey) |
| Filing 96 Errata regarding response to defendant's motion to strike exhibits, or alternatively, for sanctions filed by All Plaintiffs. Related document(s) #95 . (Geer, Martha) |
| Filing 95 Opposition to #91 Motion to strike Exhibits, or Alternatively, Motion for sanctions filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Geer, Martha) |
| Filing 94 Attorney Appearance by Martha A. Geer filed by on behalf of All Plaintiffs. (Geer, Martha) |
| Filing 93 Reply in support of #78 Motion to quash Subpoena filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
| Filing 92 Reply in support of #74 Motion for summary judgment filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
| Filing 91 Motion to strike Exhibits, or Alternatively, Motion for Sanctions filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Memorandum, #2 Exhibit A to Memorandum, #3 Exhibit B to Memorandum, #4 Exhibit C to Memorandum, #5 Exhibit D to Memorandum, #6 Exhibit E to Memorandum)(Cashdan, Jeffrey). Modified and added Motion for sanctions on 5/2/2022 (L,Br). Modified on 5/2/2022 (L,Br). |
| Filing 90 Unopposed Motion for extension of time until May 3, 2022 to file response/reply to #78 Motion to quash Subpoena filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. Related document(s) #78 . (Attachments: #1 Exhibit A: Proposed Order)(Cashdan, Jeffrey) |
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Order [non-document] granting Defendant's #90 Unopposed Motion for extension of time until May 3, 2022 to file reply. Judge Christopher A. Boyko on 4/21/22.(L,Ja)
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| Filing 89 Opposition to #78 Motion to quash Subpoena filed by All Plaintiffs. (Turner, Tracy) |
| Filing 88 Motion for attorney Martha A. Geer to Appear Pro Hac Vice. Filing fee $ 120, receipt number #14660138211, filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Certificate of Good Standing)(M,KS) |
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Order [non-document] granting Plaintiff's Motion for appearance pro hac vice by attorney Martha A. Geer for MSP Recovery Claims, Series LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #88 ). Judge Christopher A. Boyko on 4/19/2022.(L,Ja)
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| Filing 87 Marginal Entry Order granting Plaintff's Motion to seal (Related Doc #79 ). Judge Christopher A. Boyko on 4/12/2022.(L,Ja) |
| Filing 86 Manual Filing: External Hard Drive containing: Exhibit # 1 - Declaration of Christopher Miranda, Jr., and accompanying Exhibits 1a - 1d; Exhibit 2 - Declaration of Melissa Rusk and accompanying Exhibit 2a; Exhibit 3 - Declaration of Kevin Wirges and accompanying Exhibit 3a; and Exhibit 4 - Declaration of Carlos Manalansan and accompanying Exhibit 4a. filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. Related document(s) #80 .(H,Ch) |
| Filing 85 Corrected Table of Cases and Authorities filed by All Plaintiffs. Related document(s) #84 .(Turner, Tracy) |
| Filing 84 Notice of Filing Corrected Table of Cases and Authorities filed by All Plaintiffs. Related document(s) #81 .(Turner, Tracy) |
| Filing 83 SEALED Document: Revised Exhibit 1 filed by All Plaintiffs. (Related document(s) #42 , #82 , #81 ). (Attachments: #1 Exhibit 1 - Revised Declaration of Christopher Miranda, Jr. and accompanying Exhibits 1a-1d) (Turner, Tracy). Modified on 4/13/2022, filer notified of error with certificate of service page (H,SP). |
| Filing 82 SEALED Document: Exhibits to memorandum in opposition to Defendants' motion for summary judgment filed by All Plaintiffs. (Related document(s) #42 , #81 , #87 ). (Attachments: #1 Exhibit 1 - Declaration of Christopher Miranda, Jr. and accompanying Exhibits 1a-1d, #2 Exhibit 2 - Declaration of Melissa Rusk and accompanying Exhibti 2a, #3 Exhibit 3 - Declaration of Kein Wirges and accompanying Exhibit 3a, #4 Exhibit 4 - Declaration of Carlos Manalansan and accompanying Exhibit 4a, #5 Exhibit 6 - Unredacted copy of November 18, 2019 email from Shayna Dupont, #6 Exhibit 7 - Unredacted copy of November 21, 2019 email from Jeffrey Cashdan, #7 Exhibit 8 - Claim details regarding L.B. produced from Defendants, #8 Exhibit 9 - Declaration of Julio Llama and accompanying Exhibits 9a-9d) (Turner, Tracy). Modified on 4/13/2022, filer notified of error with certificate of service page (H,SP). |
| Filing 81 Opposition to #74 Motion for summary judgment filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - MSPRC Operating Agreement, #6 Exhibit 6 - Redacted email from Dupont, #7 Exhibit 7 - Redacted email from Cashdan, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Blck Declaration) (Turner, Tracy) |
| Filing 80 Notice of Manual Filing filed by All Plaintiffs. Related document(s) #79 .(Turner, Tracy) |
| Filing 79 Motion to seal certain exhibits in support of their response memorandum in opposition to Defendants' motion for summary judgment filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. Related document(s) #42 . (Turner, Tracy) |
| Filing 78 Motion to quash Subpoena filed by 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 Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Memorandum in Support of Their Motion to Quash Subpoena, #2 Exhibit A to Memorandum)(Cashdan, Jeffrey) |
| Filing 77 Unopposed Motion for extension of time until 4/8/2022 to file response/reply to #74 Motion for summary judgment filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. Related document(s) #74 . (Attachments: #1 Proposed Order)(Turner, Tracy) |
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Order [non-document] granting Plaintiff's #77 Unopposed Motion for extension of time to file opposition brief by April 8, 2022 and reply brief by April 29, 2022. Judge Christopher A. Boyko on 3/31/2022.(L,Ja)
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Order [non-document] granting Plaintiff's unopposed #76 motion for extension to 4/4/2022 for opposition brief and to 4/25/2022 for reply brief. Judge Christopher A. Boyko on 3/16/2022.(L,Ja)
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| Filing 76 Unopposed Motion for extension of opposition to summary judgment until 04/04/2022 filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, Series 15-09-157, Series 16-11-509. Related document(s) #74 . (Attachments: #1 Proposed Order)(Turner, Tracy) |
| Filing 75 Marginal Entry Order granting Defendants' #71 Motion to file exhibits in support of Motion for Summary Judgment under seal. Judge Christopher A. Boyko on 2/22/22.(S,HR) |
| Filing 74 Motion for summary judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Brief in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4 - Filed Under Seal, #6 Exhibit 5 - Filed Under Seal, #7 Exhibit 6 - Filed Under Seal, #8 Exhibit 7 - Filed Under Seal, #9 Exhibit 8 - Filed Under Seal, #10 Exhibit 9 - Filed Under Seal, #11 Exhibit 10 - Filed Under Seal, #12 Exhibit 11 - Filed Under Seal, #13 Exhibit 12 - Filed Under Seal, #14 Exhibit 13 - Filed Under Seal, #15 Exhibit 14 - Filed Under Seal, #16 Exhibit 15 - Filed Under Seal, #17 Exhibit 16 - Filed Under Seal, #18 Exhibit 17 - Filed Under Seal, #19 Exhibit 18 - Filed Under Seal, #20 Exhibit 19 - Filed Under Seal, #21 Exhibit 20 - Filed Under Seal, #22 Exhibit 21 - Filed Under Seal, #23 Exhibit 22 - Filed Under Seal)(Cashdan, Jeffrey) |
| Filing 73 Request for judicial notice in support of their motion for summary j,udgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit 23 - Clinical Laboratory Services effective 1/1/2013, #2 Exhibit 24 - Clinical Laboratory Services effective 1/1/2014 , #3 Exhibit 25 - Clinical Laboratory Services effective 1/1/2015, #4 Exhibit 26 - Clinical Laboratory Services effective 1/1/2017). (Cashdan, Jeffrey) |
| Filing 72 SEALED Document: Notice of Filing Documents Under Seal in support of Motion for Summary Judgment filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Related document(s) #42 , #74 , #75 ). (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22) (Cashdan, Jeffrey) |
| Filing 71 Motion to seal certain exhibits filed in support of their Motion for Summary Judgment, filed by Progressive American Insurance Company, Progressive Preferred Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey) |
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Filing 70
Order The Court agrees with Defendants that standing must be determined before full discovery commences. Therefore, Defendants shall file their dispositive motion no later than February 18, 2022. Opposition briefs are due March 21, 2022 and Reply briefs are due April 4, 2022. If the Court finds that Plaintiffs have standing, the parties shall confer and submit to the Court not later than ten days after the Court issues its ruling, a proposed discovery schedule to include case management and settlement conference dates and proposed dates for trial. See Order for details. Judge Christopher A. Boyko on 1/19/22. (S,HR)
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Order [non-document] granting Motion by Shannon A. Shelton to withdraw as attorney for MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC. (Related Doc #69 ). Judge Christopher A. Boyko on 9/24/21.(S,HR)
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| Filing 69 Motion by Shannon A. Shelton to withdraw as attorney filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Proposed Order)(Shelton, Shannon) |
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Filing 68
Order Regarding Discovery of Electronically Stored Information. Judge Christopher A. Boyko on 1/19/21. (S,HR)
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Order [non-document] granting the parties' joint #55 Motion for Entry of Stipulated Order Regarding Discovery of Electronically Stored Information. Judge Christopher A. Boyko on 1/19/21.(S,HR)
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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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Order [non-document] granting Motion for appearance pro hac vice by attorney David M. Hundley for MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #63 ). Judge Christopher A. Boyko on 8/17/2020.(D, I)
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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 61
Order granting in part and denying in part Defendants' Motion to Bifurcate Discovery (Related Doc #53 ). Plaintiffs' Motion to Request Case Management Conference is moot. (Related Doc #60 ). The limited discovery cut-off date is September 1, 2020. No later than September 15, 2020 the parties shall submit position papers on the results of discovery and shall include a proposed case management plan in light of the limited discovery. The Court will then decide how to proceed after reviewing the parties position papers. Because the Court will determine how to proceed after review of the parties' position papers, Plaintiffs' Motion to Request Case Management Conference is denied as moot. 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 52
Order In light of General Orders 2020-5 and 2020-5-1, the Court cancels all in-person and telephone Case Management and Status Conferences through May 1, 2020. In lieu of the CMCs and Status Conferences, the parties shall file enhanced Rule 26 Reports or Joint Status Reports as described herein. All existing deadlines on civil proceedings for discovery, amendments, mediations, special master duties and dispositive motions are extended sixty days. Judge Christopher A. Boyko on 3/24/2020.
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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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Order [non-document] granting Motion for appearance pro hac vice by attorney Shannon A. Shelton for MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #50 ). Judge Christopher A. Boyko on 3/10/2020.(D, I)
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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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Order [non-document] granting Motion for appearance pro hac vice by attorney Timothy H. Lee for Progressive American Insurance Company, Progressive Preferred Insurance Company, and Progressive Select Insurance Company. 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #48 ). Judge Christopher A. Boyko on 1/21/20.(S,HR)
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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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Order [non-document] granting Unopposed Motion to withdraw as attorney. Attorney Courtney L. Stidham removed from case. (Related Doc #47 ) Judge Christopher A. Boyko on 1/14/2020.(D, I)
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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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Order [non-document] granting #45 Defendant Progressive Preferred Insurance Company's Unopposed Motion for extension of time until December 27, 2019 to answer. Progressive Preferred Insurance Company answer due 12/27/2019. Judge Christopher A. Boyko on 12/6/2019.(D, I)
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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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Order [non-document] granting defendants' #44 Motion for extension of time to answer. Progressive American Insurance Company answer due 12/27/2019; Progressive Select Insurance Company answer due 12/27/2019. Judge Christopher A. Boyko on 12/4/19.(S,HR)
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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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Order [non-document] granting #41 Unopposed Motion for extension of time to file Plaintiffs' First Amended Complaint until 10 Days After the Court rules on Proposed Stipulated Protective Order. No further extensions. Judge Christopher A. Boyko on 11/18/2019.(D, I)
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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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Order [non-document] granting #39 Unopposed Motion for extension of time to file Plaintiffs' First Amended Complaint until November 12, 2019. Judge Christopher A. Boyko on 11/1/2019.(D, I)
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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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Order [non-document] granting #38 Plaintiff's Unopposed Motion for extension of time to file Plaintiffs' First Amended Complaint until October 28, 2019. Judge Christopher A. Boyko on 10/22/2019.(D, I)
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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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Order [non-document] granting #37 Plaintiff's Unopposed Motion for extension of time until 10/21/2019 to file Plaintiffs' First Amended Complaint. Judge Christopher A. Boyko on 10/11/201.(D, I)
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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 Patricia A. Gaughan assigned to case, Judge Pamela A. Barker terminated. Related document #33 Order of Recusal. (B,R) |
| Judge Christopher A. Boyko reassigned to case, Judge Patricia A. Gaughan terminated. (B,R) Related document #33 Corrected Order of Recusal. |
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Filing 33
Order of Recusal. This case is returned to the Clerk for reassignment to Judge Christopher A. Boyko for all further proceedings. Judge Pamela A. Barker on 6/28/2019. (L,Ja) Modified on 7/1/2019, Judge Patricia A. Gaughan entered in error (L,Ja).
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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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Order [non-document] granting Plaintiffs' #29 Motion to extend deadlines; Plaintiffs' Opposition due by 1/25/2019 and Defendants' Reply due by 2/16/2019. Judge Christopher A. Boyko on 1/17/2019.(H,CM)
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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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Order [non-document]. Court cancels Case Management Conference (CMC) and adopts parties' proposed briefing schedule on Motion to Dismiss. Motion due by 12/17/2018; Opposition due by 1/18/2019; and Reply by 2/9/2019. Should the Motion be denied, the Court will contact the parties to set a new telephone CMC date and time. Judge Christopher A. Boyko on 12/17/2018. (H,CM)
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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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Order [non-document] granting Defendant Progressive Casualty's Motion for attorney Zachary A. McEntyre to appear pro hac vice (Related Doc #16 ). 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Christopher A. Boyko on 12/11/2018.(H,CM)
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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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Order [non-document] granting Defendant Progressive Casualty's Motions for attorneys Jeffrey S. Cashdan, David J. Farber and Emily S. Newton to appear pro hac vice (Related Doc #'s #10 , #11 , #12 ). 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 12/6/2018.(H,CM)
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Order [non-document] granting Defendant Progressive Casualty's Motion to conduct conference by telephone (Related Doc #15 ); case management conference will be telephonic. Plaintiff's counsel shall initiate conference with opposing counsel and contact the Court at 216-357-7151. Judge Christopher A. Boyko on 12/6/2018.(H,CM)
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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 4
Case Management Conference Scheduling Order with case management conference set on 12/12/2018 at 8:45 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 11/02/18. (D,Ma)
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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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