This case was last updated from U.S. District Courts on 10/05/2025 at 07:21:21 (UTC).

Rehwinkel v. Insurance Supermarket, Inc

Case Summary

On 04/08/2025 Rehwinkel filed a Consumer Protection - Telephone Consumer Protection Act lawsuit against Insurance Supermarket, Inc. This case was filed in U.S. District Courts, Virginia Eastern District. The Judges overseeing this case are Lindsey R. Vaala and Leonie M. Brinkema. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:25-cv-00600

  • Filing Date:

    04/08/2025

  • Case Status:

    Open

  • Case Type:

    Consumer Protection - Telephone Consumer Protection Act

Complaint

JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction under 28 U.S.C. § 1331 , as this action arises under the TCPA, which is a federal statute.

7. This Court has supplemental jurisdiction under 28 U.S.C. § 1367 over the claims under Virginia state law claims alleged herein arising out of the same controversy.

8. This Court has jurisdiction over Defendant because Defendant conducts business transactions in this District and has committed tortious acts in/from this District. For example, Defendant targeted a resident of this District who’s area code is (540), which is associated with the State of Virginia.

9. Venue is proper in this District because some of the wrongful conduct giving rise to this case occurred in, was directed from, and/or emanated from this District.

PARTIES

10. Plaintiff John Rehwinkel (“Mr. Rehwinkel” or “Plaintiff”) is, and at all times mentioned herein was, a citizen and resident of Lovettsville, Virginia.

11. Plaintiff is, and at all times mentioned herein was, a “person” as defined by 47 U.S.C. § 153(39).

12. Defendant is, and at all times mentioned herein was, a Delaware corporation headquartered at 1951 Northwest 7th Avenue, Suite 600, Miami, Florida .

13. Defendant may be served via its registered agent, Vanessa Fonseca, at 1951 Northwest 7th Avenue, Suite 600, Miami, Florida .

14. Defendant is, and at all times mentioned herein was, a “person” as defined by 47 U.S.C. § 153 (39).

15. Defendant is, and at all times mentioned herein was, a “seller” as defined by


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VTPPA § 59.1-510.

TCPA BACKGROUND

16. In 1991 , Congress enacted the TCPA to regulate the explosive growth of the telemarketing industry. In so doing, Congress recognized that “[u]nrestricted telemarketing . . . can be an intrusive invasion of privacy[, ]” and found that federal legislation was needed because “telemarketers [could] evade [state-law] prohibitions through interstate operations.” Mims v. Arrow Fin. Servs., LLC, 565 U.S. 368, 372 ( 2012 ) (citations omitted).

17. Section 227(b) of the TCPA prohibits making commercial calls to residential telephone lines using an artificial or prerecorded voice without the prior express consent of the called party. See 47 U.S.C. § 227(b)(1)(B).

18. A violation of section 227(b) carries statutory damages of $500 to $1,500 per call. See 47 U.S.C. § 227(b)(3)(B) and (C).

National Do Not Call Registry

19. The TCPA establishes a national “do not call” database of numbers not to be called. In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 , 18 FCC Rcd. (“DNC Order”).

20. These regulations are codified at 47 C.F.R. §§ 64. 1200 (c)(1-2).

21. Specifically, a company may not initiate any “telephone solicitation” to a telephone subscriber “who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the Federal Government.” 47 C.F.R. § 64. 1200 (c)(2).

22. A violation of 47 C.F.R. § 64. 1200 (c) carries statutory damages of $500 to $1,500 per call through § 227(c) of the TCPA.

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Judge Details

Referral Judge

Lindsey R. Vaala

Presiding Judge

Leonie M. Brinkema

 

Party Details

Plaintiff

John Rehwinkel

Defendant

Insurance Supermarket, Inc

Attorney/Law Firm Details

Plaintiff Attorneys

Max Scott Morgan

Clinton Wes Verity

Defendant Attorneys

Tori Guidry

Puja Amin

Marina Grace Batalias

Eric Troutman

Blake Landis

 

Court Documents

#54

(#54) Discovery Plan by John Rehwinkel.(Verity, Clinton) (Entered: 10/01/2025)

53 #2

Pretrial Notice

53 #1

Magistrate Consent Form

#53

(#53) SCHEDULING ORDER: Initial Pretrial Conference set for 10/8/2025 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge Lindsey R. Vaala. Discovery due by 1/9/2026. Final Pretrial Conference set for 1/15/2026 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 9/19/2025. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(kgall) (Entered: 09/19/2025)

#52

(#52) ORDERED that defendant's Motion to Bifurcate Discovery [Dkt. No. 24] and Motion to Stay Discovery [Dkt. No. 41] be and are DENIED; and it is further ORDERED that defendant's Motion to Strike Class Allegations [Dkt. No. 39] be and is GRANTED. Signed by District Judge Leonie M. Brinkema on 9/19/2025. (kgall) (Entered: 09/19/2025)

#51

(#51) Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 9/19/2025. Appearance of counsel. Comments of the Court - #24 MOTION to Bifurcate Discovery - DENIED; #39 MOTION to Strike Class Allegations - GRANTED; #41 MOTION to Stay Discovery - DENIED. Order to follow. (Court Reporter S. Austin)(kgall) (Entered: 09/19/2025)

#41

(#49) [STRICKEN per LMB chambers]REPLY to Response to Motion re #41 MOTION to Stay Discovery filed by Insurance Supermarket, Inc. (Batalias, Marina) Modified on 9/17/2025 (swil). (Entered: 08/18/2025)

#39

(#48) REPLY to Response to Motion re #39 MOTION to Strike Class Allegations filed by Insurance Supermarket, Inc. (Batalias, Marina) (Entered: 08/18/2025)

#24

(#50) It is hereby ORDERED that the hearing on the Motion to Bifurcate Discovery is RESET for Friday, October 3, 2025, at 10:00 a.m. in Alexandria Courtroom 501 re #24 MOTION to Bifurcate Discovery filed by Insurance Supermarket, Inc. Signed by Magistrate Judge Lindsey R. Vaala on 9/15/2025. (nneb) (Entered: 09/15/2025)

#8

(#8) ORDER granting #5 Motion for Pro hac vice Appointed Max Scott Morgan for John Rehwinkel. Signed by District Judge Claude M. Hilton on 4/21/2025. (swil) (Entered: 04/21/2025)

#7

(#7) WAIVER OF SERVICE Returned Executed by John Rehwinkel. John Rehwinkel waiver sent on 4/16/2025, answer due 6/16/2025. (Verity, Clinton) (Entered: 04/17/2025)

6 #1

Summons Notice

#6

(#6) Summons Issued as to Insurance Supermarket, Inc, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the e issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil) (Entered: 04/09/2025)

#5

(#8) ORDER granting #5 Motion for Pro hac vice Appointed Max Scott Morgan for John Rehwinkel. Signed by District Judge Claude M. Hilton on 4/21/2025. (swil) (Entered: 04/21/2025)

#4

(#4) Financial Interest Disclosure Statement (Local Rule 7.1) by John Rehwinkel. (Verity, Clinton) (Entered: 04/08/2025)

#3

(#3) Civil Cover Sheet by John Rehwinkel. (Verity, Clinton) (Entered: 04/08/2025)

#2

(#2) Proposed Summons by John Rehwinkel (Verity, Clinton) ). (Entered: 04/08/2025)

#1

(#1) Complaint ( Filing fee $ 405, receipt number AVAEDC-10110633.), filed by John Rehwinkel.(Verity, Clinton) (Entered: 04/08/2025)

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Docket Entries

10/01/2025
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Docket(#54) Discovery Plan by John Rehwinkel.(Verity, Clinton) (Entered: 10/01/2025)

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09/19/2025
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Docket(#53) SCHEDULING ORDER: Initial Pretrial Conference set for 10/8/2025 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge Lindsey R. Vaala. Discovery due by 1/9/2026. Final Pretrial Conference set for 1/15/2026 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 9/19/2025. (Attachments: #1 Magistrate Consent Form, #2 Pretrial Notice)(kgall) (Entered: 09/19/2025)

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09/19/2025
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Docket(#52) ORDERED that defendant's Motion to Bifurcate Discovery [Dkt. No. 24] and Motion to Stay Discovery [Dkt. No. 41] be and are DENIED; and it is further ORDERED that defendant's Motion to Strike Class Allegations [Dkt. No. 39] be and is GRANTED. Signed by District Judge Leonie M. Brinkema on 9/19/2025. (kgall) (Entered: 09/19/2025)

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09/19/2025
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Docket(#51) Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 9/19/2025. Appearance of counsel. Comments of the Court - #24 MOTION to Bifurcate Discovery - DENIED; #39 MOTION to Strike Class Allegations - GRANTED; #41 MOTION to Stay Discovery - DENIED. Order to follow. (Court Reporter S. Austin)(kgall) (Entered: 09/19/2025)

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09/16/2025

DocketCase Reassigned to District Judge Leonie M. Brinkema. District Judge Claude M. Hilton no longer assigned to the case. (jlan) (Entered: 09/16/2025)

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09/15/2025
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DocketReset Deadlines as to #24 MOTION to Bifurcate Discovery. Motion Hearing set for 10/3/2025 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge Lindsey R. Vaala. (nneb) (Entered: 09/15/2025)

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09/15/2025
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Docket(#50) It is hereby ORDERED that the hearing on the Motion to Bifurcate Discovery is RESET for Friday, October 3, 2025, at 10:00 a.m. in Alexandria Courtroom 501 re #24 MOTION to Bifurcate Discovery filed by Insurance Supermarket, Inc. Signed by Magistrate Judge Lindsey R. Vaala on 9/15/2025. (nneb) (Entered: 09/15/2025)

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08/18/2025
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Docket(#49) [STRICKEN per LMB chambers]REPLY to Response to Motion re #41 MOTION to Stay Discovery filed by Insurance Supermarket, Inc. (Batalias, Marina) Modified on 9/17/2025 (swil). (Entered: 08/18/2025)

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08/18/2025
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Docket(#48) REPLY to Response to Motion re #39 MOTION to Strike Class Allegations filed by Insurance Supermarket, Inc. (Batalias, Marina) (Entered: 08/18/2025)

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08/18/2025
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Docket(#47) REPLY to Response to Motion re #22 MOTION to Stay Discovery filed by Insurance Supermarket, Inc. (Batalias, Marina) (Entered: 08/18/2025)

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04/21/2025
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Docket(#9) NOTICE of Appearance by Clinton Wes Verity on behalf of John Rehwinkel (Verity, Clinton) (Entered: 04/21/2025)

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04/21/2025
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Docket(#8) ORDER granting #5 Motion for Pro hac vice Appointed Max Scott Morgan for John Rehwinkel. Signed by District Judge Claude M. Hilton on 4/21/2025. (swil) (Entered: 04/21/2025)

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04/17/2025
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Docket(#7) WAIVER OF SERVICE Returned Executed by John Rehwinkel. John Rehwinkel waiver sent on 4/16/2025, answer due 6/16/2025. (Verity, Clinton) (Entered: 04/17/2025)

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04/09/2025
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Docket(#6) Summons Issued as to Insurance Supermarket, Inc, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the e issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil) (Entered: 04/09/2025)

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04/09/2025
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Docket(#5) Motion to appear Pro Hac Vice by Max Scott Morgan and Certification of Local Counsel Clinton Wes Verity Filing fee $ 75, receipt number AVAEDC-10112001. by John Rehwinkel. (Verity, Clinton) (Entered: 04/09/2025)

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04/08/2025

DocketInitial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Lindsey R. Vaala. (swil) (Entered: 04/09/2025)

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04/08/2025
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Docket(#4) Financial Interest Disclosure Statement (Local Rule 7.1) by John Rehwinkel. (Verity, Clinton) (Entered: 04/08/2025)

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04/08/2025
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Docket(#3) Civil Cover Sheet by John Rehwinkel. (Verity, Clinton) (Entered: 04/08/2025)

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04/08/2025
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Docket(#2) Proposed Summons by John Rehwinkel (Verity, Clinton) ). (Entered: 04/08/2025)

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04/08/2025
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Docket(#1) Complaint ( Filing fee $ 405, receipt number AVAEDC-10110633.), filed by John Rehwinkel.(Verity, Clinton) (Entered: 04/08/2025)

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Rehwinkel v. Insurance Supermarket, Inc
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