Taft et al v. American Family Mutual Insurance Company et al
| Benjamin Taft and Mystee Turner |
| Unknown Parties and American Family Mutual Insurance Company |
| 2:2011cv02599 |
| December 30, 2011 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Stephen M McNamee |
| Contract: Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2014. A more recent docket listing may be available from PACER.
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Filing 93
ORDER pursuant to the parties' #92 Stipulation. ORDERED dismissing with prejudice any and all claims with all parties to bear their respective costs and attorney's fees. ORDERED denying as moot Plaintiff's #88 Motion for Clarification. IT IS FURTHER ORDERED vacating the Status Hearing and Trial. Signed by Senior Judge Stephen M McNamee on 1/27/2014. (LFIG)
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| Filing 92 STIPULATION of Dismissal by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Sullivan, Jonathan) |
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Filing 91
ORDER granting Notice of Settlement #90 . Stipulation of dismissal is due 2/14/2014. In the event no such stipulation is filed, the parties shall attend Status Conference set for 2/24/2014 at 02:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. See order for further details. Signed by Senior Judge Stephen M McNamee on 1/9/2014. (LMR)
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| Filing 90 NOTICE of Settlement by American Family Mutual Insurance Company. (Allen, Lynn) |
| Filing 89 NOTICE of Deposition of Robert J. Fauer, M.D., filed by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 88 MOTION Clarifcation of Order re Defendant's Motion in Limine No. 4 by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 87 MINUTE ENTRY for proceedings held before Senior Judge Stephen M McNamee: Final Pretrial Conference held on 11/18/2013. Motions in Limine are argued and Court issues its rulings. IT IS ORDERED setting a Jury Trial for 2/18/2014 at 9:00 AM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. (See attached PDF for details). (Court Reporter Linda Schroeder.) Hearing held 2:13 PM to 3:19 PM.(JAMA) |
| Filing 86 Proposed Proposed Jury Instructions by Benjamin Taft, Mystee Turner. (Attachments: #1 Exhibit Burden - nonpunitive, #2 Exhibit Liability Issues, #3 Exhibit Damages - underlying case, #4 Exhibit Damages BOK, #5 Exhibit Prexisting condition, #6 Exhibit Future medicals less demanding proof, #7 Exhibit Breach unnecessary, #8 Exhibit Fair debatability explained, #9 Exhibit Damages - BF, #10 Exhibit Punitive damages (1), #11 Exhibit Punitive Damages (2), #12 Exhibit Life expectancy)(Weissman, Richard) |
| Filing 85 RESPONSE to Motion re #70 MOTION in Limine re: NO. 4: WITNESSES TESTIFYING REGARDING PLAINTIFF TAFTS PAIN OR UNOBSERVABLE FACTS filed by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 84 RESPONSE to Motion re #69 MOTION in Limine re: NO. 3: PLAINTIFFS INTENT TO CALL MULTIPLE WITNESSES ON THE SAME TOPIC filed by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 83 RESPONSE to Motion re #68 MOTION in Limine re: NO. 2: PLAINTIFFS EMOTIONAL DAMAGES RELATED TO THEIR HOME filed by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 82 RESPONSE to Motion re #67 MOTION in Limine re: No. 1: INFORMATION NOT TIMELY DISCLOSED UNDER RULE 26 AND COURTS SCHEDULING ORDER filed by Benjamin Taft, Mystee Turner. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex.6)(Weissman, Richard) |
| Filing 81 Proposed Verdict Form by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 80 RESPONSE to Motion re #76 First MOTION in Limine re: Exclusion of Dr. Brown - untimely filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit)(Sullivan, Jonathan) |
| Filing 79 RESPONSE to Motion re #77 Second MOTION in Limine re: Exclude improper "habit" tetimony filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit)(Sullivan, Jonathan) |
| Filing 78 First Proposed Verdict Form by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 77 Second MOTION in Limine re: Exclude improper "habit" tetimony by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 76 First MOTION in Limine re: Exclusion of Dr. Brown - untimely by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 75 Joint Statement of the Case by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 74 Joint Proposed Voir Dire by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 73 Joint Proposed Jury Instructions by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 72 NOTICE of Filing - Proposed Pretrial Order filed by American Family Mutual Insurance Company . (Sullivan, Jonathan) |
| Filing 71 Proposed Jury Instructions by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 70 MOTION in Limine re: NO. 4: WITNESSES TESTIFYING REGARDING PLAINTIFF TAFTS PAIN OR UNOBSERVABLE FACTS by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 69 MOTION in Limine re: NO. 3: PLAINTIFFS INTENT TO CALL MULTIPLE WITNESSES ON THE SAME TOPIC by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 68 MOTION in Limine re: NO. 2: PLAINTIFFS EMOTIONAL DAMAGES RELATED TO THEIR HOME by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 67 MOTION in Limine re: No. 1: INFORMATION NOT TIMELY DISCLOSED UNDER RULE 26 AND COURTS SCHEDULING ORDER by American Family Mutual Insurance Company. (Attachments: #1 Exhibit)(Sullivan, Jonathan) |
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Filing 66
ORDER granting #65 Stipulated Motion to Extend Deadline. The parties shall file their motions in limine and their joint Proposed Pretrial Form of Order not later than 10/28/2013. See order for details. Signed by Senior Judge Stephen M McNamee on 10/25/2013.(LMR)
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| Filing 65 Joint MOTION for Extension of Time To File Joint Pretrial Order, Proposed Voir Dire, Jury Instructions and Verdict Forms by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Sullivan, Jonathan) |
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Filing 64
AMENDED MEMORANDUM OF DECISION AND ORDER - IT IS HEREBY ORDERED granting in part and denying in part Defendant's motion to strike undisclosed exhibits and legal theories. (Doc. #59 .) IT IS FURTHER ORDERED granting in part and denying in part Defendant's motion for partial summary judgment. (Doc. #47 .) IT IS FURTHER ORDERED setting this case for a Final Pretrial Conference on November 18, 2013 at 2:30 p.m. This matter appearing ready for trial, a Final Pretrial Conference shall be held in Courtroom 605, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003. IT IS FURTHER ORDERED that, if this case shall be tried to a jury, the attorneys who will be responsible for the trial of the lawsuit shall prepare and sign a Proposed Pretrial Order and submit it to the Court on Friday, October 25, 2013. (See document for full details). Signed by Senior Judge Stephen M McNamee on 10/1/13. (LAD)
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Filing 63
** AMENDED PER ORDER #64 ** ORDER granting in part and denying in part #47 Motion for Partial Summary Judgment; granting in part and denying in part #59 Motion to Strike. See order for details. Final Pretrial Conference on 11/18/2013 at 2:30 p.m. before Judge McNamee. Proposed Pretrial Order due 10/25/2013. Motions in limine are due 10/25/2013. Signed by Senior Judge Stephen M McNamee on 9/26/2013.(LMR) Modified on 10/1/2013 (LAD).
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| Filing 62 REPLY to Response to Motion re #59 MOTION to Strike previously undisclosed exhibits and legal theories contained in plaintiffs' reponse to motion for partial summary judgment filed by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 61 NOTICE of Errata re #60 Response to Motion,,, by Plaintiffs Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 60 RESPONSE to Motion re #59 MOTION to Strike previously undisclosed exhibits and legal theories contained in plaintiffs' reponse to motion for partial summary judgment filed by Benjamin Taft, Mystee Turner. (Attachments: #1 Exhibit Ex. 1 Demand 8/23/11, #2 Exhibit Ex. 2 Discl. St. 2/27/12, #3 Exhibit Ex. 3 Ans.to Ints 4/6/12, #4 Exhibit Ex. 4 Set. Conf. Memo, #5 Exhibit Ex. 5 Sup. An. Int 4/11/12, #6 Exhibit Ex. 6 Journal entries, #7 Exhibit Ex. 7 Mor Depo, #8 Exhibit Ex. 8 Fauer Depo, #9 Exhibit Ex. 9 Email 11/5/12, #10 Exhibit Ex. 10 Produced by Def, #11 Exhibit Ex. 11 Def Index to Prod., #12 Exhibit Ex. 1st Supp Dis. 2/29/12, #13 Exhibit Ex. 13 Supp Demand 10/25/12)(Weissman, Richard) |
| Filing 59 * MOTION to Strike previously undisclosed exhibits and legal theories contained in plaintiffs' reponse to motion for partial summary judgment by American Family Mutual Insurance Company. (Attachments: #1 Exhibit)(Sullivan, Jonathan) *Modified to reflect document not in compliance with L.R.Civ. 7.1(c), attorney notified on 1/14/2013 (DMT). |
| Filing 58 STATEMENT of Facts in support of reply in support of motion for partial summary judgement re #57 Reply to Response to Motion by Defendant American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 57 *REPLY to Response to Motion re #47 MOTION for Partial Summary Judgment filed by American Family Mutual Insurance Company. (Attachments: #1 Exhibit Exhibits to Reply)(Sullivan, Jonathan) *Modified to reflect document not in compliance with L.R.Civ. 7.1(c), attorney notified on 1/14/2013 (DMT). |
| Filing 56 STATEMENT of Facts Amended by Plaintiffs Benjamin Taft, Mystee Turner. (Attachments: #1 Affidavit Ex 18 Steen Declaration)(Weissman, Richard) |
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Filing 55
ORDER granting #54 stipulation to extend deadline. Defendants' Reply in support of Motion for Partial Summary Judgment is due 1/11/2013. Signed by Senior Judge Stephen M McNamee on 12/14/2012. (LMR)
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| Filing 54 STIPULATION to Extend Deadline for American Family to Reply to its Motion for Partial Summary Judgment by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Allen, Lynn) |
| Filing 53 *STATEMENT of Facts re #52 Response to Motion for Partial Summary Judgment by Plaintiffs Benjamin Taft, Mystee Turner. (Attachments: #1 Exhibit Police Report, #2 Exhibit Declaration, #3 Exhibit Selected Banner Records, #4 Exhibit Fauer Records, #5 Exhibit Physical Therapy records, #6 Exhibit MRIs, #7 Exhibit Hofstedt Records, #8 Exhibit Selected Pages Brown Depo, #9 Exhibit Brown Report, #10 Exhibit Selected Fox records, #11 Exhibit Fauer Report, #12 Exhibit Selected Pages Fauer depo, #13 Exhibit Selected Pages Friedman Depo, #14 Exhibit Selected pages Van Belle Depo, #15 Exhibit Selected Pages Westbrook Depo, #16 Exhibit Demand Letter, #17 Exhibit Foreclosure papers)(Weissman, Richard) *Modified on 9/27/2013 to Seal Exhibit 10 Pursuant to SMM Chambers (MAP)*. |
| Filing 52 RESPONSE to Motion re #47 MOTION for Partial Summary Judgment filed by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 51 REPORT of Parties re Mediation by Defendant American Family Mutual Insurance Company, Plaintiffs Benjamin Taft, Mystee Turner. (Weissman, Richard) |
| Filing 50 Minute Order: This case is reassigned to Senior Judge Stephen M McNamee. All future documents shall include the case number CV 11-2599-PHX-SMM. All pending deadlines are affirmed This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR) |
| Filing 49 *Minute Entry. Settlement Conference held before Magistrate Judge Lawrence O. Anderson on 11/14/2012. Present were Plaintiffs Benjamin Taft and Mystee Turner with their counsel, Richard Weissman. Also present were Lynn Allen, attorney for Defendant American Family, and Deborah Rohrbacher, Regional Senior Legal Counsel for American Family. A court reporter was not present nor were the proceedings tape recorded. A settlement was not reached. (vlg) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. *Modified to correct file date; NEF regenerated on 12/7/2012 (JMO). |
| Filing 48 STATEMENT of Facts in Support of Motion for Partial Summary Judgment re #47 MOTION for Partial Summary Judgment by Defendant American Family Mutual Insurance Company. (Attachments: #1 Exhibit 1-8)(Sullivan, Jonathan) |
| Filing 47 MOTION for Partial Summary Judgment by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 46 NOTICE of Deposition of Dr. Robert Fauer, filed by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 45 NOTICE of Deposition of Dr. Robert Fauer, filed by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
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Filing 44
ORDER granting #35 Stipulation. ORDERED that the parties shall have to and including 11/14/12 to participate in Good Faith Settlement talks. FURTHER ORDERED that upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. Signed by Judge David G Campbell on 9/27/12. (MAP)
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| Filing 43 NOTICE of Deposition of Stephen Brown, MD, filed by American Family Mutual Insurance Company. (Sullivan, Jonathan) |
| Filing 42 NOTICE re Service by Benjamin Taft, Mystee Turner of Responses to Third Set of Requests for Production. (Weissman, Richard) |
| Filing 41 NOTICE re Service by Benjamin Taft, Mystee Turner of Second Supplemental Answers to UIs. (Weissman, Richard) |
| Filing 40 NOTICE of Deposition of C&B Fireside Grill LLC, filed by American Family Mutual Insurance Company. (Attachments: #1 Summons Deposition subpoena)(Sullivan, Jonathan) |
| Filing 39 NOTICE of Deposition of Amuse Bouche, filed by American Family Mutual Insurance Company. (Attachments: #1 Summons Deposition subpoena)(Sullivan, Jonathan) |
| Filing 38 NOTICE of Deposition of Fox Restaurant Concepts, filed by American Family Mutual Insurance Company. (Attachments: #1 Summons Deposition Subpoena)(Sullivan, Jonathan) |
| Filing 37 NOTICE re Service of Defendant's Ninth Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Allen, Lynn) |
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Filing 36
SETTLEMENT CONFERENCE ORDER. Settlement Conference set for 11/14/2012 at 02:00 PM before Magistrate Judge Lawrence O Anderson. Signed by Magistrate Judge Lawrence O Anderson on 9/24/12. (TLJ)
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| Filing 35 STIPULATION TO EXTEND THE DEADLINE FOR GOOD FAITH SETTLEMENT TALKS by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Sullivan, Jonathan) |
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Filing 34
ORDER that this matter is referred to Magistrate Judge Lawrence O. Anderson for purposes of conducting a settlement conference. The parties shall jointly contact Judge Anderson's chambers on or before September 18, 2012 to schedule the settlement conference. That the parties' #33 Stipulation/joint motion for assignment to a Magistrate Judge for a settlement conference is granted. Signed by Judge David G Campbell on 9/12/12. (DMT)
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| Filing 33 STIPULATION by American Family Mutual Insurance Company, Benjamin Taft, Mystee Turner. (Attachments: #1 Text of Proposed Order Order appointing magistrate judge for settlement)(Weissman, Richard) |
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Filing 32
ORDER pursuant to #31 Stipulation: The date for good faith settlement talks is extended to 10/15/2012. Signed by Judge David G Campbell on 9/6/2012. (NVO)
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| Filing 31 STIPULATION to Extend Good Faith Settlement Talks Deadline by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Allen, Lynn) |
| Filing 30 NOTICE re Service of Third Set of Request for Production of Documents to Plaintiffs by American Family Mutual Insurance Company . (Allen, Lynn) |
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Filing 29
ORDER. The parties have filed a stipulation to extend the deadline for good faith settlement talks. A deadline in a Rule 16 order can be extended only for good cause. Fed. R. Civ. P. 16(b)(4). The parties' stipulation does not address good cause or explain why it exists. As a result, the Court cannot grant the stipulation, and it is hereby denied. Signed by Judge David G Campbell on 8-31-12. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 28 STIPULATION to Extend Good Faith Settlement Talks Deadline by American Family Mutual Insurance Company. (Attachments: #1 Text of Proposed Order)(Allen, Lynn) |
| Filing 27 NOTICE re Service of Eighth Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Allen, Lynn) |
| Filing 26 NOTICE re Service of Responses to Plaintiffs July 19, 2012 Request for Production and Interrogatories and Seventh Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Allen, Lynn) |
| Filing 25 NOTICE re Service of Disclosure by Benjamin Taft, Mystee Turner . (Weissman, Richard) |
| Filing 24 NOTICE re Discovery Requests by Benjamin Taft, Mystee Turner . (Weissman, Richard) |
| Filing 23 NOTICE re Service of Discovery by Benjamin Taft, Mystee Turner . (Weissman, Richard) |
| Filing 22 NOTICE re Service of Defendant's Sixth Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Allen, Lynn) |
| Filing 21 NOTICE of Attorney Substitution by Lynn M Allen. (Allen, Lynn) |
| Filing 20 NOTICE re Service of Defendant's Fifth Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Allen, Lynn) |
| Filing 19 NOTICE re Service of Second Set of Request for Production of Documents by American Family Mutual Insurance Company . (Allen, Lynn) |
| Filing 18 NOTICE re SERVICE OF AMERICAN FAMILYS FOURTH SUPPLEMENTAL DISCLOSURE STATEMENT by American Family Mutual Insurance Company . (Allen, Lynn) |
| Filing 17 NOTICE re Service of Defendant's Third Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Taylor, Amanda) |
| Filing 16 NOTICE re Service of Second Supplemental Disclosure Statement by American Family Mutual Insurance Company . (Taylor, Amanda) |
| Filing 15 NOTICE of Deposition of Mystee Turner, filed by American Family Mutual Insurance Company. (Taylor, Amanda) |
| Filing 14 NOTICE of Deposition of Benjamin Taft, filed by American Family Mutual Insurance Company. (Taylor, Amanda) |
| Filing 13 NOTICE re SERVICE OF AMERICAN FAMILYS FIRST SUPPLEMENTAL DISCLOSURE STATEMENT by American Family Mutual Insurance Company . (Taylor, Amanda) |
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Filing 12
Rule 16 SCHEDULING ORDER: Discovery due by 10/19/2012. Dispositive motions due by 11/9/2012.. Signed by Judge David G Campbell on 3/2/2012. (see order for details)(TCA)
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| Filing 11 TEXT ONLY Minute Entry for proceedings held before Judge David G Campbell: Scheduling Conference held on 2/29/2012. Appearances: Richard Weissman for Plaintiffs; Lynn Allen for Defendant. Discussion is held. Scheduling Order outlining the case management deadlines in this case to follow. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 10 NOTICE re Service of Initial Discovery by Benjamin Taft, Mystee Turner . (Weissman, Richard) |
| Filing 9 NOTICE re SERVICE OF INITIAL DISCLOSURE STATEMENT AND FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION by American Family Mutual Insurance Company . (Taylor, Amanda) |
| Filing 8 REPORT of Rule 26(f) Planning Meeting by Benjamin Taft, Mystee Turner. (Weissman, Richard) |
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Filing 7
ORDER re Rule 16 Case Management Conference set for 2/29/2012 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 1/12/2012. (NVO)
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| Filing 6 Minute Order: Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge David G. Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV 11-2599-PHX-DGC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 5 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 4 ANSWER to Complaint by American Family Mutual Insurance Company.(Allen, Lynn) |
| Filing 3 Filing fee paid, receipt number PHX 0970-6227743. This case has been assigned to the Honorable Edward C. Voss. All future pleadings or documents should bear the correct case number: CV 11-02599-PHX-ECV. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 2 Corporate Disclosure Statement by American Family Mutual Insurance Company (submitted by Lynn Allen). (REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2011-098291 Filing fee received: $350.00, receipt number PHX 0970-6227743, filed by American Family Mutual Insurance Company (submitted by Lynn Allen). (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplemental Cover Sheet)(REK) |
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