MSP Recovery Claims Series, LLC et al v. National Continental Insurance Company et al
Plaintiff: MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC and MSP Recovery Claims Series 44, LLC
Defendant: Progressive American Insurance Company, National Continental Insurance Company, Progressive Casualty Insurance Company, Progressive Select Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company and Progressive Direct Insurance Company
Not Classified By Court: Scott J. Silverman
Case Number: 1:2021cv00926
Filed: May 4, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Christopher A Boyko
Referring Judge: Donald C Nugent
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. § 1395 HHS: Adverse Reimbursement Review
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2022 Opinion or Order Filing 90 Opinion and Order: granting in part Defendants' Consolidated Motion to Dismiss. (ECF #82 ). The Court stays the action until a determination is made on standing in case number 18-2273. In addition, the Court denies as moot the Joint Motion to Stay Discovery (ECF #64 ). Judge Christopher A. Boyko on 3/11/2022. (L,Ja)
November 29, 2021 Opinion or Order Filing 89 Notice of Supplemental Authority filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Exhibit A - Order)(Turner, Tracy)
November 1, 2021 Opinion or Order Filing 88 Notice of Filing Redacted Exhibits filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Exhibit 1 - Redacted Exhibit A (ECF No. 1-2), #2 Exhibit 2 - Redacted Exhibit A (ECF No. 4-1))(Turner, Tracy)
October 28, 2021 Opinion or Order Order [non-document]. The Court grants Plaintiff MSP Recovery's Motion to Seal Exhibits. (ECF #86 ). The Court will seal the exhibit filed at ECF #1 -2 and #4 -1. Plaintiff shall file a redacted version no later than November 1, 2021. Judge Christopher A. Boyko on 10/28/21.(S,HR)
October 1, 2021 Opinion or Order Order [non-document] granting Plaintiffs' and Plaintiff's counsel Motion to withdraw as attorney. Attorney Shannon A. Shelton removed from case. (Related Doc #87 ). Judge Christopher A. Boyko on 10/1/2021.(L,Ja)
September 23, 2021 Opinion or Order Filing 87 Motion by Shannon A. Shelton to withdraw as attorney filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Proposed Order)(Shelton, Shannon)
August 10, 2021 Opinion or Order Filing 86 Motion to seal Exhibits filed by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Proposed Order)(Shelton, Shannon)
July 12, 2021 Opinion or Order Filing 85 Reply in support of #82 Consolidated Motion to Dismiss Plaintiffs' Second Amended Complaint Defendants' Reply Memorandum of Law in Support of Their Consolidated Motion to Dismiss Plaintiffs' Second Amended Complaint filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Cashdan, Jeffrey)
July 12, 2021 Opinion or Order Filing 84 Notice of Substitution of Counsel removing attorney Joshua Rovenger and adding attorney Tera N. Coleman filed by on behalf of All Defendants. (Coleman, Tera)
June 28, 2021 Opinion or Order Filing 83 Opposition to #82 Consolidated Motion to Dismiss Plaintiffs' Second Amended Complaint filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Shelton, Shannon)
May 27, 2021 Opinion or Order Filing 82 Consolidated Motion to Dismiss Plaintiffs' Second Amended Complaint filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. Related document(s) #52 . (Attachments: #1 Brief in Support)(Cashdan, Jeffrey)
May 21, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney David J. Farber for National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company 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 #70 ) Judge Christopher A. Boyko on 05/21/2021. (R,AP)
May 21, 2021 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Timothy H. Lee for National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company 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 #71 ) Judge Christopher A. Boyko on 05/21/2021.(R,AP)
May 21, 2021 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Zachary A. McEntyre for filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company 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 #72 ) Judge Christopher A. Boyko on 05/21/2021.(R,AP)
May 21, 2021 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Shannon A. Shelton for MSP Recovery Claims Series 44, LLC,Shannon A. Shelton 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 #74 ) Judge Christopher A. Boyko on 05/21/2021.(R,AP)
May 20, 2021 Opinion or Order Filing 81 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Select Insurance Company filed by Progressive Select Insurance Company. (Rovenger, Joshua)
May 20, 2021 Opinion or Order Filing 80 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Northern Insurance Company filed by Progressive Northern Insurance Company. (Rovenger, Joshua)
May 20, 2021 Opinion or Order Filing 79 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Express Insurance Company filed by Progressive Express Insurance Company. (Rovenger, Joshua)
May 20, 2021 Opinion or Order Filing 78 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Direct Insurance Company filed by Progressive Direct Insurance Company. (Rovenger, Joshua)
May 20, 2021 Opinion or Order Filing 77 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive Casualty Insurance Company filed by Progressive Casualty Insurance Company. (Rovenger, Joshua)
May 20, 2021 Opinion or Order Filing 76 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for Progressive American Insurance Company filed by Progressive American Insurance Company. (Rovenger, Joshua)
May 20, 2021 Opinion or Order Filing 75 Corporate Disclosure Statement identifying Corporate Parent The Progressive Corporation for National Continental Insurance Company filed by National Continental Insurance Company. (Rovenger, Joshua)
May 19, 2021 Opinion or Order Filing 74 Motion for attorney Shannon A. Shelton to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10842378, filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Affidavit, #2 Proposed Order)(Turner, Tracy)
May 19, 2021 Opinion or Order Filing 73 Attorney Appearance by Tracy L. Turner filed by on behalf of MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Turner, Tracy)
May 19, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Emily S. Newton for National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, and Progressive Select Insurance Company. 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 #68 ). Judge Christopher A. Boyko on 5/19/21.(S,HR)
May 19, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney Jeffrey S. Cashdan for National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, and Progressive Select Insurance Company. 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 #69 ) Judge Christopher A. Boyko on 5/19/21.(S,HR)
May 19, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by attorney John H. Ruiz for MSP Recovery Claims Series 44, LLC and 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 #67 )Judge Christopher A. Boyko on 5/19/21.(S,HR)
May 18, 2021 Opinion or Order Filing 72 Motion for attorney Zachary A. McEntyre to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10839660, filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Attachments: #1 McEntyre Affidavit, #2 Proposed Order)(Rovenger, Joshua) .
May 18, 2021 Opinion or Order Filing 71 Motion for attorney Timothy H. Lee to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10839624, filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Lee Affidavit, #2 Proposed Order)(Rovenger, Joshua)
May 18, 2021 Opinion or Order Filing 70 Motion for attorney David J. Farber to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10839592, filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit Farber Affidavit, #2 Proposed Order)(Rovenger, Joshua)
May 14, 2021 Opinion or Order Filing 69 Motion for attorney Jeffrey S. Cashdan to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10834744, filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit Cashdan Affidavit, #2 Proposed Order)(Rovenger, Joshua)
May 14, 2021 Opinion or Order Filing 68 Motion for attorney Emily S. Newton to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10834712, filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit Newton Affidavit, #2 Proposed Order)(Rovenger, Joshua)
May 14, 2021 Opinion or Order Filing 67 Motion for attorney John H. Ruiz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10834485, filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Ruiz, John)
May 14, 2021 Opinion or Order Filing 66 Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Judge Christopher A. Boyko for all further proceedings. Judge Donald C. Nugent on 05/14/2021. (R,AP)
May 14, 2021 Opinion or Order Filing 65 Marginal Entry Order granting Joint Motion to reassign case (Related Doc #63 ). Judge Donald C. Nugent on 05/14/2021. (R,AP)
May 14, 2021 Opinion or Order Judge Christopher A. Boyko assigned pursant Order of Reassignment. Judge Donald C. Nugent terminated. Related document(s) #66 . (L,Ja)
May 13, 2021 Opinion or Order Filing 64 Joint Motion to stay Discovery Pending Entry of a Case Management Plan and to Set a CMC filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Rovenger, Joshua)
May 13, 2021 Opinion or Order Filing 63 Joint Motion to reassign case to Judge Boyko filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Rovenger, Joshua)
May 7, 2021 Opinion or Order Filing 62 Marginal Entry Order granting Defendants' #61 Consent Motion for extension of time until May 31, 2021 to answer Second Amended Complaint. Judge Donald C. Nugent on 5/7/2021. (M,S)
May 7, 2021 Opinion or Order Filing 61 Consent Motion for extension of time until May 31, 2021 to answer Second Amended Complaint filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Proposed Order)(Rovenger, Joshua)
May 6, 2021 Opinion or Order Filing 60 Magistrate Consent Form issued. (M,L)
May 6, 2021 Opinion or Order Copy of Docket Sheet and Magistrate Consent form mailed to Jose Alfredo De Armas at Armas Law Firm, Ste. 206, 4960 Southweest 72nd Avenue, Miami, FL 33155 on 5/6/2021. (M,L)
May 5, 2021 Opinion or Order Notice to Attorney Ari H. Gerstin. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Shannon A. Shelton. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Jose Alfredo De Armas. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney John H. Ruiz. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Emily S. Newton. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney David J. Farber. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Jeffrey S. Cashdan. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Valerie B. Greenberg. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Zachary A. McEntyre. 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. (O,K)
May 5, 2021 Opinion or Order Notice to Attorney Timothy H. Lee. 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. (O,K)
May 4, 2021 Opinion or Order Filing 59 CASE TRANSFERRED IN from District of Florida Southern. Case number 1:20-cv-24136. Electronic file, transfer order and docket sheet received.
May 4, 2021 Opinion or Order Judge Donald C. Nugent assigned to case. (M,L)
May 4, 2021 Opinion or Order 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. (M,L)
May 3, 2021 Opinion or Order Filing 58 PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' joint motion and stipulation for transfer of this matter to the United States District Court for the Northern District of Ohio, Eastern Division. #57 The Parties stipulate that this matter is related to MSP Recovery Claims, Series LLC, et al v. Progressive Corp. et al., 1:18-cv-02273 (N.D. Ohio Oct. 1, 2018) and that all parties have consented to transfer of this action under 28 U.S.C. 1404. Accordingly, based on a review of the record, motion, and applicable law, it is ORDERED AND ADJUDGED that the Parties' motion is GRANTED. The Clerk of Court is directed to TRANSFER this case to the United States District Court for the Northern District of Ohio, Eastern Division. Signed by Judge Kathleen M. Williams on 5/3/2021. (sgi) [Transferred from flsd on 5/4/2021.]
May 3, 2021 Opinion or Order Civil Case Terminated. Closing Case. (ls) [Transferred from flsd on 5/4/2021.]
April 30, 2021 Opinion or Order Filing 57 Joint MOTION and Stipulation for Transfer to United States District Court for Northern District of Ohio by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. (Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
April 30, 2021 Opinion or Order Filing 56 RESPONSE in Opposition re #49 MOTION to Amend/Correct #39 Scheduling Order,, filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Northern Insurance Company, Progressive Select Insurance Company. Attorney Valerie B. Greenberg added to party Progressive Northern Insurance Company(pty:dft). Replies due by 5/7/2021. (Attachments: #1 Exhibit A)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
April 27, 2021 Opinion or Order Filing 55 Summons Issued as to Progressive Northern Insurance Company. (ls) [Transferred from flsd on 5/4/2021.]
April 26, 2021 Opinion or Order Filing 54 NOTICE of Filing Proposed Summons(es) for Progressive Northern Insurance Company by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims Series LLC re #52 Amended Complaint/Amended Notice of Removal,,,, filed by MSP Recovery Claims Series 44, LLC, MSP Recovery Claims Series LLC (Ruiz, John) [Transferred from flsd on 5/4/2021.]
April 26, 2021 Opinion or Order Filing 53 PAPERLESS ORDER denying as moot #31 Motion to Dismiss. In light of Plaintiffs' second amended complaint #52 , Defendants' motion to dismiss #31 is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 4/26/2021. (sgi) [Transferred from flsd on 5/4/2021.]
April 26, 2021 Opinion or Order Filing 52 Second AMENDED COMPLAINT (Class Action for Damages) against National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company, Progressive Northern Insurance Company filed in response to Order Granting Motion for Leave, filed by MSP Recovery Claims Series LLC, MSP Recovery Claims Series 44, LLC. (Attachments: #1 Exhibit A - Defendants' Corporate Organizational Structure, #2 Exhibit B - Claims, #3 Exhibit C - Claims, #4 Exhibit D - J.G.'s Diagnosis Codes, #5 Exhibit E- N.G.'s Diagnosis Codes, #6 Exhibit F- P.M.'s Diagnosis Codes, #7 Exhibit G - C.H.'s Diagnosis Codes, #8 Exhibit H - F.H.'s Diagnosis Codes, #9 Exhibit I - J.H.'s Accident Related Treatment, #10 Exhibit J - V.R.'s Diagnosis Codes, #11 Exhibit K - S.W.'s Accident Related Treatment)(Ruiz, John) [Transferred from flsd on 5/4/2021.]
April 23, 2021 Opinion or Order Filing 51 PAPERLESS ORDER. Plaintiffs filed a Motion for Leave to Amend the Complaint, which the Honorable Kathleen M. Williams referred to me for resolution. (ECF Nos. 7, 46). Defendants filed a response. (ECF No. 50). Rule 15 of the Federal Rules of Civil Procedure instructs that "[t]he court should freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). The Court notes that Plaintiffs seek to leave to amend within the deadline set forth in the Court's Scheduling Order, (ECF No. 39 at 2), and although this would be Plaintiffs' second amended complaint, Plaintiffs filed their First Amended Complaint the day after filing their initial complaint. (ECF No. 4). Having carefully reviewed the Motion and Response, the pertinent portions of the record and the applicable law, the Court hereby ORDERS that Plaintiffs' Motion for Leave to Amend, (ECF No. 46), is GRANTED. Plaintiffs shall file their Second Amended Complaint NO LATER THAN April 26, 2021. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Magistrate Judge Chris M. McAliley on 4/23/2021. (nsy) [Transferred from flsd on 5/4/2021.]
April 20, 2021 Opinion or Order Filing 50 RESPONSE in Opposition re #46 Plaintiff's MOTION for Leave to File /Amend the Complaint filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Replies due by 4/27/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
April 16, 2021 Opinion or Order Filing 49 MOTION to Amend/Correct #39 Scheduling Order,, by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 4/30/2021 (Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
April 14, 2021 Opinion or Order Filing 48 PAPERLESS ORDER EXPEDITING RESPONSE. Plaintiffs have filed a Motion for Leave to file a Second Amended Complaint. (ECF No. 46). The Court hereby ORDERS Defendants to file a response to Plaintiffs' Motion for Leave to Amend (ECF No. 46), NO LATER THAN APRIL 20, 2021. Plaintiffs shall not file a reply unless ordered by the Court. ( Responses due by 4/20/2021) Signed by Magistrate Judge Chris M. McAliley on 4/14/2021. (nsy) [Transferred from flsd on 5/4/2021.]
April 14, 2021 Opinion or Order Filing 47 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Chris M. McAliley on 4/14/2021. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
April 13, 2021 Opinion or Order Filing 46 Plaintiff's MOTION for Leave to File /Amend the Complaint by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Second Amended Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
April 13, 2021 Opinion or Order Filing 45 Joint MOTION for Protective Order by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit 1)(Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
March 15, 2021 Opinion or Order Filing 44 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Scott J. Silverman as Mediator. Mediation Hearing set for 12/13/2021. (Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
March 11, 2021 Opinion or Order Filing 43 Notice of Supplemental Authority re #31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company (Attachments: #1 Exhibit 1: Order of Dismissal in MSP Recovery Claims, LLC and MSPA Claims 1, LLC v. United Services Automobile Ass'n, et al., No. 20-21530-DPG (S.D. Fla. Mar. 8, 2021)) (Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
March 8, 2021 Opinion or Order Filing 42 Notice of Supplemental Authority re #36 Response in Opposition to Motion, by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Attachments: #1 Exhibit A, #2 Exhibit B) (Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
March 3, 2021 Opinion or Order Filing 41 Notice of Supplemental Authority re #31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company (Attachments: #1 Exhibit Order Granting Defendant's Motion to Dismiss) (Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
February 25, 2021 Opinion or Order Filing 40 Notice of Supplemental Authority re #31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company (Attachments: #1 Exhibit 1 - Order of Dismissal issued in MSP Recovery Claims, Series LLC v. Endurance Am. Ins. Co., No. 20-23219 (S.D. Fla. Feb. 23, 2021)) (Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
February 11, 2021 Opinion or Order Filing 39 SCHEDULING ORDER: Jury Trial set for 7/18/2022 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 7/12/2022 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 2/11/2021. See attached document for full details. (scn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from flsd on 5/4/2021.]
February 10, 2021 Opinion or Order Filing 38 Notice of Supplemental Authority re #37 Reply to Response to Motion,, by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company (Attachments: #1 Exhibit A: Order Dismissing Case) (Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
February 1, 2021 Opinion or Order Filing 37 REPLY to Response to Motion re #31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule filed by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. (Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
January 25, 2021 Opinion or Order Filing 36 RESPONSE in Opposition re #31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule filed by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Replies due by 2/1/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 3)(Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
January 11, 2021 Opinion or Order Filing 35 Joint SCHEDULING REPORT - Rule 16.1 by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC (Attachments: #1 Text of Proposed Order)(Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
January 5, 2021 Opinion or Order Filing 34 PAPERLESS ORDER REFERRING MOTION TO MAGISTRATE JUDGE MCALILEY. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, Defendants' motion to dismiss #31 is REFERRED to United States Magistrate Judge Chris M. McAliley for a report and recommendation. Signed by Judge Kathleen M. Williams on 1/5/2021. (sgi) [Transferred from flsd on 5/4/2021.]
December 23, 2020 Opinion or Order Reset Deadline re DE#33 as to #31 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule. Response due by 1/25/2021. (scn) [Transferred from flsd on 5/4/2021.]
December 23, 2020 Opinion or Order Filing 33 PAPERLESS ORDER granting #32 Unopposed Motion for Extension of Time. Plaintiffs shall file a response to Defendants' motion to dismiss #31 on or before January 25, 2021. Signed by Judge Kathleen M. Williams on 12/23/2020. (sgi) [Transferred from flsd on 5/4/2021.]
December 23, 2020 Opinion or Order Filing 32 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANTS CONSOLIDATED MOTION TO DISMISS, OR ALTERNATIVELY, TRANSFER, AND INCORPORATED MEMORANDUM OF LAW re #31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, MOTION to Change Venue Pursuant to the First-Filed Rule by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 1/6/2021 (Attachments: #1 Text of Proposed Order)(Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
December 21, 2020 Opinion or Order Filing 31 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM ( Responses due by 1/4/2021), MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, or Alternatively, ( Responses due by 1/4/2021), MOTION to Change Venue Pursuant to the First-Filed Rule by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. (Attachments: #1 Exhibit 1 - First Ohio Lawsuit, #2 Exhibit 2 - Second Ohio Lawsuit, #3 Exhibit 3 - Opinion and Order Granting Motion to Dismiss First Ohio Lawsuit, #4 Exhibit 4 - Opinion and Order Granting Motion to Dismiss Second Ohio Lawsuit, #5 Exhibit 5 - Pending Ohio Lawsuit, #6 Exhibit 6 - Opinion and Order, MSP Recovery Claims, Series LLC, et al. v. The Progressive Corp., et al., No 1:18-cv-02273 (N.D. Ohio Sept. 17, 2019))(Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
November 25, 2020 Opinion or Order Filing 30 ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Shannon A. Shelton. Signed by Magistrate Judge Chris M. McAliley on 11/25/2020. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
November 25, 2020 Opinion or Order Filing 29 Certificate of Other Affiliates/Corporate Disclosure Statement by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company identifying Corporate Parent Progressive Direct Holdings, Inc., Corporate Parent The Progressive Corporation for Progressive Direct Insurance Company, Progressive Select Insurance Company; Corporate Parent Progressive Commercial Holdings, Inc., Corporate Parent The Progressive Corporation for National Continental Insurance Company, Progressive Express Insurance Company; Corporate Parent Drive Insurance Holdings, Inc., Corporate Parent The Progressive Corporation for Progressive American Insurance Company, Progressive Casualty Insurance Company (Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
November 25, 2020 Opinion or Order Filing 28 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shannon A. Shelton. Filing Fee $ 200.00 Receipt # AFLSDC-13927245 by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC. Responses due by 12/9/2020 (Attachments: #1 Certification Certificate of Good Standing- Louisiana)(Zincone, Francesco) [Transferred from flsd on 5/4/2021.]
November 18, 2020 Opinion or Order Filing 27 ORDER granting #22 Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily Shoemaker Newton; denying as moot #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emily Shoemaker Newton. Signed by Magistrate Judge Chris M. McAliley on 11/18/2020. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
November 18, 2020 Opinion or Order Filing 26 ORDER granting #21 Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Zachary A. McEntyre; denying as moot #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Zachary A. McEntyre. Signed by Magistrate Judge Chris M. McAliley on 11/18/2020. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
November 18, 2020 Opinion or Order Filing 25 ORDER granting #20 Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Timothy H. Lee; denying as moot #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Timothy H. Lee. Signed by Magistrate Judge Chris M. McAliley on 11/18/2020. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
November 18, 2020 Opinion or Order Filing 24 ORDER granting #19 Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David J. Farber; denying as moot #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David J. Farber. Signed by Magistrate Judge Chris M. McAliley on 11/18/2020. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
November 18, 2020 Opinion or Order Filing 23 ORDER granting #18 Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey S. Cashdan; denying as moot #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey S. Cashdan. Signed by Magistrate Judge Chris M. McAliley on 11/18/2020. See attached document for full details. (rr00) [Transferred from flsd on 5/4/2021.]
November 17, 2020 Opinion or Order Filing 22 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily Shoemaker Newton. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #17 Motion to Appear Pro Hac Vice,, by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 12/1/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 17, 2020 Opinion or Order Filing 21 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Zachary A. McEntyre. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #16 Motion to Appear Pro Hac Vice,, by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 12/1/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 17, 2020 Opinion or Order Filing 20 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy H. Lee. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #15 Motion to Appear Pro Hac Vice,, by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 12/1/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 17, 2020 Opinion or Order Filing 19 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David J. Farber. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #14 Motion to Appear Pro Hac Vice,, by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 12/1/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 17, 2020 Opinion or Order Filing 18 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey S. Cashdan. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #13 Motion to Appear Pro Hac Vice,, by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 12/1/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 16, 2020 Opinion or Order Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily Shoemaker Newton. Filing Fee $ 200.00 Receipt # AFLSDC-13874207 by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 11/30/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 16, 2020 Opinion or Order Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Zachary A. McEntyre. Filing Fee $ 200.00 Receipt # AFLSDC-13874164 by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 11/30/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 16, 2020 Opinion or Order Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Timothy H. Lee. Filing Fee $ 200.00 Receipt # AFLSDC-13874126 by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 11/30/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 16, 2020 Opinion or Order Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David J. Farber. Filing Fee $ 200.00 Receipt # AFLSDC-13874104 by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 11/30/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
November 16, 2020 Opinion or Order Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey S. Cashdan. Filing Fee $ 200.00 Receipt # AFLSDC-13874021 by Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 11/30/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
October 27, 2020 Opinion or Order Filing 12 PAPERLESS ORDER granting #11 Motion for Extension of Time. Defendants' Responses to Amended Complaint due by 12/21/2020. Signed by Magistrate Judge Chris McAliley on 10/27/2020. (rr00) [Transferred from flsd on 5/4/2021.]
October 27, 2020 Opinion or Order Filing 11 Unopposed MOTION for Extension of Time to file response to amended complaint re #4 Amended Complaint/Amended Notice of Removal by National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Responses due by 11/10/2020 (Attachments: #1 Text of Proposed Order)(Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
October 26, 2020 Opinion or Order Filing 10 NOTICE of Attorney Appearance by Ari Gerstin on behalf of National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Attorney Ari Gerstin added to party National Continental Insurance Company(pty:dft), Attorney Ari Gerstin added to party Progressive American Insurance Company(pty:dft), Attorney Ari Gerstin added to party Progressive Casualty Insurance Company(pty:dft), Attorney Ari Gerstin added to party Progressive Direct Insurance Company(pty:dft), Attorney Ari Gerstin added to party Progressive Express Insurance Company(pty:dft), Attorney Ari Gerstin added to party Progressive Select Insurance Company(pty:dft). (Gerstin, Ari) [Transferred from flsd on 5/4/2021.]
October 26, 2020 Opinion or Order Filing 9 NOTICE of Attorney Appearance by Valerie B. Greenberg on behalf of National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. Attorney Valerie B. Greenberg added to party National Continental Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party Progressive American Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party Progressive Casualty Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party Progressive Direct Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party Progressive Express Insurance Company(pty:dft), Attorney Valerie B. Greenberg added to party Progressive Select Insurance Company(pty:dft). (Greenberg, Valerie) [Transferred from flsd on 5/4/2021.]
October 19, 2020 Opinion or Order Filing 8 SUMMONS (Affidavit) Returned Executed on #4 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by MAO-MSO Recovery II, LLC, Series PMPI, MSPA Claims 1, LLC, MSP Recovery Claims Series LLC. National Continental Insurance Company served on 10/15/2020, answer due 11/5/2020; Progressive American Insurance Company served on 10/15/2020, answer due 11/5/2020; Progressive Casualty Insurance Company served on 10/15/2020, answer due 11/5/2020; Progressive Direct Insurance Company served on 10/15/2020, answer due 11/5/2020; Progressive Express Insurance Company served on 10/15/2020, answer due 11/5/2020; Progressive Select Insurance Company served on 10/15/2020, answer due 11/5/2020. (Ruiz, John) [Transferred from flsd on 5/4/2021.]
October 19, 2020 Opinion or Order Filing 7 ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 10/19/2020. See attached document for full details. (scn) [Transferred from flsd on 5/4/2021.]
October 13, 2020 Opinion or Order Filing 6 Clerks Notice to Filer re #5 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliate Not Entered; ERROR - The Filer failed to enter all Other Affiliates from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliate. Note - Other Affiliate do not appear on the docket sheet. (ls) [Transferred from flsd on 5/4/2021.]
October 12, 2020 Opinion or Order Filing 5 Plaintiff's Corporate Disclosure Statement by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims Series LLC, MSPA Claims 1, LLC identifying Other Affiliate MSP Recovery Services, LLC for MSPA Claims 1, LLC; Other Affiliate VRM MSP Recovery Partners, LLC, a Delaware limited liability company for MSP Recovery Claims Series LLC; Other Affiliate RD Legal Finance, LLC for MAO-MSO Recovery II, LLC, Series PMPI (Ruiz, John) [Transferred from flsd on 5/4/2021.]
October 9, 2020 Opinion or Order Filing 4 First AMENDED COMPLAINT (Class Action for Damages) against All Defendants, filed by MAO-MSO Recovery II, LLC, Series PMPI, MSPA Claims 1, LLC, MSP Recovery Claims Series LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ruiz, John) [Transferred from flsd on 5/4/2021.]
October 9, 2020 Opinion or Order Filing 3 Summons Issued as to National Continental Insurance Company, Progressive American Insurance Company, Progressive Casualty Insurance Company, Progressive Direct Insurance Company, Progressive Express Insurance Company, Progressive Select Insurance Company. (scn) [Transferred from flsd on 5/4/2021.]
October 8, 2020 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (scn) [Transferred from flsd on 5/4/2021.]
October 8, 2020 Opinion or Order Filing 1 COMPLAINT (Class Action for Damages) against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13662212, filed by MAO-MSO Recovery II, LLC, Series PMPI, MSPA Claims 1, LLC, MSP Recovery Claims Series LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summon(s) National Continental Insurance Company, #5 Summon(s) Progressive Direct Insurance Company, #6 Summon(s) Progressive Casualty Insurance Company, #7 Summon(s) Progressive American Insurance Company, #8 Summon(s) Progressive Select Insurance Company, #9 Summon(s) Progressive Express Insurance Company)(Ruiz, John) [Transferred from flsd on 5/4/2021.]

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Search for this case: MSP Recovery Claims Series, LLC et al v. National Continental Insurance Company et al
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Plaintiff: MAO-MSO Recovery II, LLC, Series PMPI
Represented By: Jose Alfredo De Armas
Represented By: Shannon A. Shelton
Represented By: John H. Ruiz
Represented By: Eduardo Enrique Bertran
Represented By: Francesco Antonio Zincone, III
Represented By: Francesco A. Zincone, III
Represented By: Eduardo E. Bertran
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Plaintiff: MSP Recovery Claims, Series LLC
Represented By: Jose Alfredo De Armas
Represented By: Shannon A. Shelton
Represented By: John H. Ruiz
Represented By: Eduardo Enrique Bertran
Represented By: Francesco Antonio Zincone, III
Represented By: Francesco A. Zincone, III
Represented By: Eduardo E. Bertran
Represented By: Tracy L. Turner
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Plaintiff: MSPA Claims 1, LLC
Represented By: Jose Alfredo De Armas
Represented By: Shannon A. Shelton
Represented By: John H. Ruiz
Represented By: Eduardo Enrique Bertran
Represented By: Francesco Antonio Zincone, III
Represented By: Francesco A. Zincone, III
Represented By: Eduardo E. Bertran
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Plaintiff: MSP Recovery Claims Series 44, LLC
Represented By: John H. Ruiz
Represented By: Shannon A. Shelton
Represented By: Tracy L. Turner
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Defendant: Progressive American Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Emily Shoemaker Newton
Represented By: Ari Gerstin
Represented By: Valerie B. Greenberg
Represented By: David J. Farber
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Ari H. Gerstin
Represented By: Emily S. Newton
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Tera N. Coleman
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Defendant: National Continental Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Emily Shoemaker Newton
Represented By: Ari Gerstin
Represented By: Valerie B. Greenberg
Represented By: David J. Farber
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Ari H. Gerstin
Represented By: Emily S. Newton
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Tera N. Coleman
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Defendant: Progressive Casualty Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Emily Shoemaker Newton
Represented By: Ari Gerstin
Represented By: Valerie B. Greenberg
Represented By: David J. Farber
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Ari H. Gerstin
Represented By: Emily S. Newton
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Tera N. Coleman
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Defendant: Progressive Select Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Emily Shoemaker Newton
Represented By: Ari Gerstin
Represented By: Valerie B. Greenberg
Represented By: David J. Farber
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Ari H. Gerstin
Represented By: Emily S. Newton
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Tera N. Coleman
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Defendant: Progressive Express Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Emily Shoemaker Newton
Represented By: Ari Gerstin
Represented By: Valerie B. Greenberg
Represented By: David J. Farber
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Ari H. Gerstin
Represented By: Emily S. Newton
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Tera N. Coleman
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Defendant: Progressive Northern Insurance Company
Represented By: Valerie B. Greenberg
Represented By: Jeffrey S. Cashdan
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Emily S. Newton
Represented By: David J. Farber
Represented By: Tera N. Coleman
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Defendant: Progressive Direct Insurance Company
Represented By: Jeffrey S. Cashdan
Represented By: Emily Shoemaker Newton
Represented By: Ari Gerstin
Represented By: Valerie B. Greenberg
Represented By: David J. Farber
Represented By: Zachary A. McEntyre
Represented By: Timothy H. Lee
Represented By: Ari H. Gerstin
Represented By: Emily S. Newton
Represented By: Joshua Rovenger
Represented By: Michael K. Farrell
Represented By: Tera N. Coleman
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Not classified by court: Scott J. Silverman
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