{"cached_at":"2026-11-05T11:43:11.619743+00:00","cl_docket_id":"15866563","docket":{"resource_uri":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","id":15866563,"court":"https://www.courtlistener.com/api/rest/v4/courts/azd/","court_id":"azd","original_court_info":null,"idb_data":{"resource_uri":"https://www.courtlistener.com/api/rest/v4/fjc-integrated-database/25606080/","date_created":"2020-08-27T02:08:06.795118-07:00","date_modified":"2022-01-28T10:49:30.048209-08:00","dataset_source":9,"office":"2","docket_number":"1904605","origin":2,"date_filed":"2019-07-01","jurisdiction":3,"nature_of_suit":110,"title":"28","section":"1441","subsection":"","diversity_of_residence":null,"class_action":true,"monetary_demand":0,"county_of_residence":4013,"arbitration_at_filing":"","arbitration_at_termination":"","multidistrict_litigation_docket_number":"","plaintiff":"PHILLIPS, ET AL","defendant":"STATE FARM FIRE AND CASUALTY C","date_transfer":null,"transfer_office":"","transfer_docket_number":"","transfer_origin":"","date_terminated":"2020-03-23","termination_class_action_status":null,"procedural_progress":5,"disposition":13,"nature_of_judgement":0,"amount_received":0,"judgment":0,"pro_se":0,"year_of_tape":2020,"nature_of_offense":"","version":null,"circuit":"https://www.courtlistener.com/api/rest/v4/courts/ca9/","district":"https://www.courtlistener.com/api/rest/v4/courts/azd/"},"clusters":["https://www.courtlistener.com/api/rest/v4/clusters/9529085/"],"audio_files":[],"assigned_to":"https://www.courtlistener.com/api/rest/v4/people/3034/","referred_to":null,"bankruptcy_information":null,"absolute_url":"/docket/15866563/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2019-07-01T17:08:07.988592-07:00","date_modified":"2026-08-01T19:34:30.315715-07:00","source":9,"appeal_from_str":"","assigned_to_str":"G. Murray Snow","referred_to_str":"","panel_str":"","date_last_index":"2021-01-31T11:06:23.213246-08:00","date_cert_granted":null,"date_cert_denied":null,"date_argued":null,"date_reargued":null,"date_reargument_denied":null,"date_filed":"2019-07-01","date_terminated":"2020-03-23","date_last_filing":"2020-03-23","case_name_short":"Phillips","case_name":"Phillips v. State Farm Fire and Casualty Company","case_name_full":"","slug":"phillips-v-state-farm-fire-and-casualty-company","docket_number":"2:19-cv-04605","docket_number_core":"1904605","docket_number_raw":"2:19-cv-04605","docket_number_source":0,"federal_dn_office_code":"2","federal_dn_case_type":"cv","federal_dn_judge_initials_assigned":"GMS","federal_dn_judge_initials_referred":"","federal_defendant_number":null,"pacer_case_id":"1188248","cause":"28:1441 Petition for Removal- Breach of Contract","nature_of_suit":"110 Contract: Insurance","jury_demand":"Both","jurisdiction_type":"Federal Question","appellate_fee_status":"","appellate_case_type_information":"","mdl_status":"","filepath_ia":"","filepath_ia_json":"","ia_upload_failure_count":null,"ia_needs_upload":true,"ia_date_first_change":"2019-07-01T17:08:07.985669-07:00","date_blocked":null,"blocked":false,"appeal_from":null,"parent_docket":null,"tags":[],"panel":[]},"parties":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/parties/8919409/","id":8919409,"attorneys":[{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963531/","attorney_id":5963531,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963531/","attorney_id":5963531,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963532/","attorney_id":5963532,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963532/","attorney_id":5963532,"date_action":"2019-07-01","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963532/","attorney_id":5963532,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963533/","attorney_id":5963533,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963533/","attorney_id":5963533,"date_action":"2019-07-01","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963533/","attorney_id":5963533,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131956/","attorney_id":11131956,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":4},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131956/","attorney_id":11131956,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131956/","attorney_id":11131956,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131957/","attorney_id":11131957,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":4},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131957/","attorney_id":11131957,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131957/","attorney_id":11131957,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963534/","attorney_id":5963534,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963534/","attorney_id":5963534,"date_action":"2019-07-01","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963534/","attorney_id":5963534,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963535/","attorney_id":5963535,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963535/","attorney_id":5963535,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963536/","attorney_id":5963536,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1}],"party_types":[{"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"name":"Defendant","date_terminated":null,"extra_info":"an Illinois corporation","highest_offense_level_opening":"","highest_offense_level_terminated":"","criminal_counts":[],"criminal_complaints":[]}],"date_created":"2019-11-15T07:53:02.914699-08:00","date_modified":"2019-11-15T07:53:02.914747-08:00","name":"State Farm Fire and Casualty Company","extra_info":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/parties/8919408/","id":8919408,"attorneys":[{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963526/","attorney_id":5963526,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963526/","attorney_id":5963526,"date_action":"2019-07-01","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963526/","attorney_id":5963526,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963527/","attorney_id":5963527,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963527/","attorney_id":5963527,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131954/","attorney_id":11131954,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131954/","attorney_id":11131954,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963529/","attorney_id":5963529,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963529/","attorney_id":5963529,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131955/","attorney_id":11131955,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131955/","attorney_id":11131955,"date_action":"2019-11-06","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131955/","attorney_id":11131955,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1}],"party_types":[{"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"name":"Plaintiff","date_terminated":null,"extra_info":"husband and wife","highest_offense_level_opening":"","highest_offense_level_terminated":"","criminal_counts":[],"criminal_complaints":[]}],"date_created":"2019-11-15T07:53:02.818658-08:00","date_modified":"2019-11-15T07:53:02.818687-08:00","name":"Jasmine Phillips","extra_info":""},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/parties/8919407/","id":8919407,"attorneys":[{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963526/","attorney_id":5963526,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963526/","attorney_id":5963526,"date_action":"2019-07-01","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963526/","attorney_id":5963526,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963527/","attorney_id":5963527,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963527/","attorney_id":5963527,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131954/","attorney_id":11131954,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131954/","attorney_id":11131954,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963529/","attorney_id":5963529,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/5963529/","attorney_id":5963529,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131955/","attorney_id":11131955,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":2},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131955/","attorney_id":11131955,"date_action":"2019-11-06","docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":6},{"attorney":"https://www.courtlistener.com/api/rest/v4/attorneys/11131955/","attorney_id":11131955,"date_action":null,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"role":1}],"party_types":[{"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","docket_id":15866563,"name":"Plaintiff","date_terminated":null,"extra_info":"husband and wife","highest_offense_level_opening":"","highest_offense_level_terminated":"","criminal_counts":[],"criminal_complaints":[]}],"date_created":"2019-11-15T07:53:02.689757-08:00","date_modified":"2019-11-15T07:53:02.689794-08:00","name":"Anderson Phillips","extra_info":""}],"entries":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/448914661/","id":448914661,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/463695051/","id":463695051,"tags":[],"absolute_url":"/docket/15866563/24/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2025-12-30T23:49:09.441785-08:00","date_modified":"2025-12-30T23:49:09.454410-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"24","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2025-12-30T23:49:09.395634-08:00","date_modified":"2025-12-30T23:49:09.406660-08:00","date_filed":"2020-01-24","time_filed":null,"entry_number":24,"recap_sequence_number":"2020-01-24.001","pacer_sequence_number":null,"description":"MINUTE ENTRY for proceedings held before Chief Judge G Murray Snow: Scheduling Conference held on 1/24/2020. Deadlines discussed and entered. Order to follow. APPEARANCES: Lawrence Moon for Plaintiffs. Alice Jones and Robert Sullivan for Defendant. (Court Reporter Charlotte Powers.) Hearing held 9:01 AM to 9:13 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 01/24/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/448914660/","id":448914660,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/463695050/","id":463695050,"tags":[],"absolute_url":"","date_created":"2025-12-30T23:49:09.197489-08:00","date_modified":"2025-12-30T23:49:09.209543-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2025-12-30T23:49:09.167233-08:00","date_modified":"2025-12-30T23:49:09.167250-08:00","date_filed":"2020-01-09","time_filed":null,"entry_number":null,"recap_sequence_number":"2020-01-09.002","pacer_sequence_number":null,"description":"Remark: Pro hac vice motion(s) granted for Frank Falzetta on behalf of Defendant State Farm Fire and Casualty Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/448914659/","id":448914659,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/463695049/","id":463695049,"tags":[],"absolute_url":"","date_created":"2025-12-30T23:49:09.137824-08:00","date_modified":"2025-12-30T23:49:09.150137-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2025-12-30T23:49:09.104324-08:00","date_modified":"2025-12-30T23:49:09.104340-08:00","date_filed":"2020-01-09","time_filed":null,"entry_number":null,"recap_sequence_number":"2020-01-09.001","pacer_sequence_number":null,"description":"Remark: Pro hac vice motion(s) granted for Jennifer Marie Hoffman on behalf of Defendant State Farm Fire and Casualty Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/123942024/","id":123942024,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/128378919/","id":128378919,"tags":[],"absolute_url":"/docket/15866563/31/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-03-23T14:55:24.469382-07:00","date_modified":"2025-12-30T23:49:10.008025-08:00","sha1":"62ce782d521f8df6df97d3572a38a562aef4d7cf","page_count":1,"file_size":78048,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.31.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.31.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 31 Filed 03/23/20 Page 1 of 1\n\n\n\n 1\n 2\n 3\n 4\n 5\n 6 IN THE UNITED STATES DISTRICT COURT\n 7 FOR THE DISTRICT OF ARIZONA\n 8\n 9 Anderson Phillips, et al., No. CV-19-04605-PHX-GMS\n10 Plaintiffs, ORDER\n11 v.\n12 State Farm Fire and Casualty Company,\n13 Defendant.\n14\n15 Pursuant to the parties\u2019 Joint Motion and Stipulation for Dismissal (Doc. 30) and\n16 good cause appearing,\n17 IT IS HEREBY ORDERED that the claims asserted by Anderson Phillips and\n18 Jasmine Phillips are dismissed with prejudice each party to bear their own attorneys\u2019 fees\n19 and costs.\n20 IT IS FURTHER ORDERED that the claims asserted by the putative class\n21 members are dismissed without prejudice and this action can be terminated in its entirety.\n22 Dated this 23rd day of March, 2020.\n23\n24\n25\n26\n27\n28\n\f","ocr_status":2,"date_upload":"2025-12-24T19:14:22.884783-08:00","document_number":"31","attachment_number":null,"pacer_doc_id":"025021905706","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order Dismissing Case","acms_document_guid":""}],"date_created":"2020-03-23T14:55:24.464880-07:00","date_modified":"2025-12-30T23:49:09.964351-08:00","date_filed":"2020-03-23","time_filed":null,"entry_number":31,"recap_sequence_number":"2020-03-23.002","pacer_sequence_number":112,"description":"ORDER - IT IS HEREBY ORDERED that the claims asserted by Anderson Phillips and Jasmine Phillips are dismissed with prejudice each party to bear their own attorneys' fees and costs. IT IS FURTHER ORDERED that the claims asserted by the putative class members are dismissed without prejudice and this action can be terminated in its entirety. Signed by Chief Judge G Murray Snow on 3/23/2020. (WLP) (Entered: 03/23/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/123928335/","id":123928335,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/128365195/","id":128365195,"tags":[],"absolute_url":"/docket/15866563/30/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-03-23T13:54:34.493713-07:00","date_modified":"2026-08-15T00:08:26.066943-07:00","sha1":"ed98c5a9b3920519d519ee72cc6282dce515f8ea","page_count":3,"file_size":61261,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.30.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.30.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 30 Filed 03/23/20 Page 1 of 3\n\n\n\n\n LAW OFFICES\n 1\n BROENING OBERG WOODS & WILSON\n PROFESSIONAL CORPORATION\n 2\n 2800 N. CENTRAL AVENUE, SUITE 1600\n PHOENIX, ARIZONA 85004\n 3\n (602) 271-7700\n 4\n Robert T. Sullivan (Ariz. Bar No. 022719)\n rts@bowwlaw.com\n 5\n Alicyn M. Freeman (Ariz. Bar No. 023916)\n amf@bowwlaw.com\n 6\n Alice M. Jones (Ariz. Bar No. 028062)\n amj@bowwlaw.com\n 7\n Minute Entries/Orders\n cjg@bowwlaw.com\n 8\n Attorneys for Defendant State Farm Fire\n and Casualty Company\n 9\n10\n IN THE UNITED STATES DISTRICT COURT\n11\n FOR THE DISTRICT OF ARIZONA\n12\n Anderson Phillips and Jasmine Phillips, No. 2:19-CV-04605-GMS\n13 husband and wife,\n\n14 Plaintiffs, JOINT MOTION AND\n STIPULATION FOR DISMISSAL\n15 WITH PREJUDICE\n vs.\n16\n (Assigned to The Honorable\n17 State Farm Fire and Casualty Company, an G. Murray Snow)\n Illinois corporation,\n18\n Defendant.\n19\n20 Plaintiffs and Defendant, by and through undersigned counsel, hereby stipulate and\n21 jointly move the court to dismiss all claims asserted by Anderson Phillips and Jasmine Phillips\n22 with prejudice and to dismiss all putative class claims without prejudice, with each party to\n23 bear their own attorneys\u2019 fees and costs.\n24 ///\n25 ///\n26 ///\n\f Case 2:19-cv-04605-GMS Document 30 Filed 03/23/20 Page 2 of 3\n\n\n\n\n 1 DATED this 23rd day of March, 2020.\n 2\n 3 BROENING OBERG WOODS & WILSON, P.C.\n\n 4\n By /s/ Alicyn M. Freeman\n 5 Robert T. Sullivan\n Alicyn M. Freeman\n 6 2800 North Central Avenue, Suite 1600\n Phoenix, Arizona 85004\n 7 Attorneys for Defendant State Farm Fire and\n Casualty Company\n 8\n 9 POLI, MOON & ZANE, P.L.L.C.\n\n10\n By: /s/ Michael N. Poli (with permission)\n11 Michael N. Poli\n Lawrence R. Moon\n12 2999 North 44th Street, Suite 325\n Phoenix, AZ 85018\n13 Attorneys for Plaintiffs\n\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\n 2\n\f Case 2:19-cv-04605-GMS Document 30 Filed 03/23/20 Page 3 of 3\n\n\n\n\n 1 CERTIFICATE OF SERVICE\n\n 2\n I hereby certify that on the 23rd day of March, 2020, I electronically submitted the\n 3\n foregoing document to the Clerk\u2019s Office using the CM/ECF System for filing and transmittal\n 4\n to the CM/ECF registrants:\n 5\n 6 Michael N. Poli\n Lawrence R. Moon\n 7 POLI, MOON & ZANE, P.L.L.C.\n 2999 North 44th Street, Suite 325\n 8 Phoenix, AZ 85018\n 9 mpoli@pmzlaw.com\n lmoon@pmzlaw.com\n10 Attorneys for Plaintiffs\n11\n12\n By /s/ Suzanne Beard\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\n 3\n\f","ocr_status":2,"date_upload":"2026-08-01T19:34:30.211959-07:00","document_number":"30","attachment_number":null,"pacer_doc_id":"025021905123","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Stipulation of Dismissal","acms_document_guid":""}],"date_created":"2020-03-23T13:54:34.487450-07:00","date_modified":"2025-12-30T23:49:09.886370-08:00","date_filed":"2020-03-23","time_filed":null,"entry_number":30,"recap_sequence_number":"2020-03-23.001","pacer_sequence_number":110,"description":"STIPULATION of Dismissal by State Farm Fire and Casualty Company. (Attachments: # 1 Text of Proposed Order Order for Dismissal with Prejudice)(Freeman, Alicyn) (Entered: 03/23/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/121478964/","id":121478964,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/125897310/","id":125897310,"tags":[],"absolute_url":"/docket/15866563/29/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-03-02T14:56:03.901889-08:00","date_modified":"2025-12-30T23:49:09.853153-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"29","attachment_number":null,"pacer_doc_id":"025021808294","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice of Service of Discovery","acms_document_guid":""}],"date_created":"2020-03-02T14:56:03.896042-08:00","date_modified":"2025-12-30T23:49:09.810830-08:00","date_filed":"2020-03-02","time_filed":null,"entry_number":29,"recap_sequence_number":"2020-03-02.001","pacer_sequence_number":108,"description":"NOTICE of Service of Discovery filed by Anderson Phillips, Jasmine Phillips. (Poli, Michael) (Entered: 03/02/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/119147654/","id":119147654,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/123546556/","id":123546556,"tags":[],"absolute_url":"/docket/15866563/28/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-02-11T13:30:20.522898-08:00","date_modified":"2026-08-15T00:16:48.470390-07:00","sha1":"b0f0b8e39ba510dbb83dd361398eab34852dc1d3","page_count":1,"file_size":79306,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.28.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.28.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 28 Filed 02/11/20 Page 1 of 1\n\n\n\n 1\n 2\n 3\n 4\n 5\n 6 IN THE UNITED STATES DISTRICT COURT\n 7 FOR THE DISTRICT OF ARIZONA\n 8\n 9\n Anderson Phillips, et al., No. CV-19-04605-PHX-GMS\n10\n Plaintiffs, ORDER\n11\n v.\n12\n13 State Farm Fire and Casualty Company,\n\n14 Defendant.\n\n15\n16\n Pending before the Court is Plaintiffs\u2019 Motion to Substitute Law Firm Only\n17\n (Doc. 27), and good cause appearing,\n18\n IT IS HEREBY ORDERED granting Plaintiffs\u2019 Motion to Substitute Law Firm\n19\n Only.\n20\n IT IS FURTHER ORDERED directing Plaintiffs\u2019 to file with the Clerk of Court\n21\n a Notice of name, address, firm name and e-mail address change within fourteen (14) days\n22\n of the date of this Order to ensure counsel receives all future pleadings, notices and other\n23\n documents. LRCiv 83.3(d).\n24\n Dated this 11th day of February, 2020.\n25\n26\n27\n28\n\f","ocr_status":2,"date_upload":"2026-08-01T19:34:27.042080-07:00","document_number":"28","attachment_number":null,"pacer_doc_id":"025021717310","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Motion to Substitute Attorney","acms_document_guid":""}],"date_created":"2020-02-11T13:30:20.517437-08:00","date_modified":"2025-12-30T23:49:09.726586-08:00","date_filed":"2020-02-11","time_filed":null,"entry_number":28,"recap_sequence_number":"2020-02-11.001","pacer_sequence_number":104,"description":"ORDER - IT IS HEREBY ORDERED granting Plaintiffs' Motion to Substitute Law Firm Only. IT IS FURTHER ORDERED directing Plaintiffs' to file with the Clerk of Court a Notice of name, address, firm name and e-mail address change within fourteen (14) days of the date of this Order to ensure counsel receives all future pleadings, notices and other documents. LRCiv 83.3(d). Signed by Chief Judge G Murray Snow on 2/11/20. (SLQ) (Entered: 02/11/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/118812217/","id":118812217,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/123207941/","id":123207941,"tags":[],"absolute_url":"/docket/15866563/27/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-02-07T16:56:30.794285-08:00","date_modified":"2026-08-22T22:11:11.273143-07:00","sha1":"3f19aa9e8c6d19e8d37de3770c93673f501a1049","page_count":2,"file_size":142549,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.27.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.27.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 27 Filed 02/07/20 Page 1 of 2\n\n\n\n\n 1 POLI, MOON & ZANE, PLLC\n Michael N. Poli, #006431\n 2 mpoli@pmzlaw.com\n Lawrence R. Moon, #017000\n 3 lmoon@pmzlaw.com\n 2999 North 44th Street, Suite 325\n 4 Phoenix, Arizona 85018\n Telephone: (602) 857-8180\n 5 Facsimile: (602) 857-7333\n Attorneys for Plaintiffs\n 6\n 7\n IN THE UNITED STATES DISTRICT COURT\n 8\n FOR THE DISTRICT OF ARIZONA\n 9\n Anderson Phillips and Jasmine Phillips, Case No. 2:19-cv-04605-GMS\n10 husband and wife;\n11 Plaintiffs, MOTION TO SUBSTITUTE LAW\n12 FIRM ONLY (NOT ATTORNEYS OF\n vs. RECORD)\n13\n State Farm Fire and Casualty\n14 Corporation, an Illinois corporation,\n\n15 Defendant.\n16\n17 Plaintiffs Anderson Phillips and Jasmine Phillips hereby move the Court for an\n18 Order substituting the law firm of Poli, Moon & Zane, PLLC in place of Merlin Law Group,\n19 P.A. Attorneys Michael Poli and Lawrence Moon, formerly of Merlin Law Group, P.A.\n20 will continue to represent Plaintiffs in this matter. All future pleadings, notices, and other\n21 documents should be directed to the Plaintiffs at the following address:\n22\n Michael N. Poli\n23 Lawrence R. Moon\n POLI, MOON & ZANE, P.L.L.C.\n24 2999 N. 44th Street, Suite 325\n25 Phoenix, Arizona 85018\n Telephone: (602) 857-8180\n26 Facsimile: (602) 857-7333\n27 mpoli@pmzlaw.com\n lmoon@pmzlaw.com\n28\n\n\n\n\n T2407877.DOCX;1\n\f Case 2:19-cv-04605-GMS Document 27 Filed 02/07/20 Page 2 of 2\n\n\n\n\n 1 Plaintiffs are not requesting an extension of any deadlines, and the parties have\n 2\n agreed to a mediation, currently scheduled for March 3, 2020.\n 3\n DATED this 7th day of February, 2020\n 4\n 5 MERLIN LAW GROUP, P.A.\n 6\n 7 By: /s/ Lawrence R. Moon\n Michael N. Poli\n 8 Lawrence R. Moon\n 9 Attorneys for Plaintiffs\n\n10\n11\n CERTIFICATE OF SERVICE\n12\n I hereby certify that on February 7, 2020, I electronically transmitted the attached\n13 document to the Clerk\u2019s office using the CM/ECF System for filing and transmittal to the\n following recipient:\n14\n15 Robert T. Sullivan\n Alicyn M. Freeman\n16 Alice M. Jones\n17 BROENING OBERG WOODS & WILSON\n 2800 North Central Avenue, Suite 1600\n18 Phoenix, AZ 85004\n19 Attorneys for Defendant State Farm Fire and Casualty\n\n20\n /s/ Linda Gundelach\n21\n22\n23\n24\n25\n26\n27\n28\n\n\n T2407877.DOCX;1 2\n\f","ocr_status":2,"date_upload":"2026-08-01T18:56:11.740501-07:00","document_number":"27","attachment_number":null,"pacer_doc_id":"025021707622","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Substitute Attorney","acms_document_guid":""}],"date_created":"2020-02-07T16:56:30.785007-08:00","date_modified":"2025-12-30T23:49:09.641906-08:00","date_filed":"2020-02-07","time_filed":null,"entry_number":27,"recap_sequence_number":"2020-02-07.001","pacer_sequence_number":100,"description":"MOTION to Substitute Attorney Law Firm Only by Anderson Phillips, Jasmine Phillips. (Attachments: # 1 Text of Proposed Order Proposed Order)(Moon, Lawrence) (Entered: 02/07/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/118652863/","id":118652863,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/123047355/","id":123047355,"tags":[],"absolute_url":"/docket/15866563/26/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-02-06T17:43:36.882354-08:00","date_modified":"2025-12-30T23:49:09.609268-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"26","attachment_number":null,"pacer_doc_id":"025021702416","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice of Change of Address/Firm Name (Attorney)","acms_document_guid":""}],"date_created":"2020-02-06T17:43:36.871450-08:00","date_modified":"2025-12-30T23:49:09.565059-08:00","date_filed":"2020-02-06","time_filed":null,"entry_number":26,"recap_sequence_number":"2020-02-06.001","pacer_sequence_number":98,"description":"*NOTICE of Substitution of Counsel for Plaintiffs by Lawrence Robert Moon. (Moon, Lawrence) *Counsel has been advised that a notice is not sufficient and a proper Motion to Substitute Attorney is required on 2/7/2020 (SLQ). (Entered: 02/06/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/117123241/","id":117123241,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/121503990/","id":121503990,"tags":[],"absolute_url":"/docket/15866563/25/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-01-24T14:33:32.439599-08:00","date_modified":"2026-08-15T00:09:10.378167-07:00","sha1":"a5ece3ab3c7ba71ab07fd7d5b57a8f4d9dace41b","page_count":2,"file_size":83394,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.25.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.25.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 25 Filed 01/24/20 Page 1 of 2\n\n\n\n 1\n 2\n 3\n 4\n 5\n 6 IN THE UNITED STATES DISTRICT COURT\n 7 FOR THE DISTRICT OF ARIZONA\n 8\n 9 Anderson Phillips, et al., No. CV-19-04605-PHX-GMS\n10 Plaintiffs, ORDER\n11 v.\n12 State Farm Fire and Casualty Company,\n13 Defendant.\n14\n15\n16 Pending before the Court is the parties\u2019 Stipulation of Deadlines for Disclosure and\n\n17 Discovery (Doc. 23), pursuant to the January 24, 2020 scheduling conference with the\n18 parties, the Court will grant the Stipulation setting a discovery schedule for class\n\n19 certification determination.\n\n20 IT IS HEREBY ORDERED granting the parties\u2019 Stipulation and setting the\n21 discovery schedule for class certification determination below:\n22 1. The parties shall complete fact discovery by September 11, 2020.\n\n23 2. The parties shall complete expert disclosures by July 24, 2020.\n\n24 3. The parties shall complete expert depositions by September 11, 2020.\n\n25 4. All parties and their counsel shall meet in person and engage in face-to-face\n\n26 good faith settlement talks by April 24, 2020.\n27 5. Plaintiff shall file their Motion for Class Certification no later than\n28 November 6, 2020.\n\f Case 2:19-cv-04605-GMS Document 25 Filed 01/24/20 Page 2 of 2\n\n\n\n 1 6. Opposition to Plaintiff\u2019s Motion for Class Certification is due on January 5,\n 2 2021.\n 3 7. Reply in Support of the Motion for Class Certification is due February 4,\n 4 2021.\n 5 IT IS FURTHER ORDERED the Rule 16 Scheduling Conference shall be set to\n 6 a date following the Court\u2019 ruling on class certification.\n 7 IT IS FURTHER ORDERED directing the parties to notify the Court should the\n 8 case settle following the March 3, 2020 mediation.\n 9 Dated this 24th day of January, 2020.\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\n\n -2-\n\f","ocr_status":2,"date_upload":"2026-08-01T19:34:23.745902-07:00","document_number":"25","attachment_number":null,"pacer_doc_id":"025021644833","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order on Stipulation","acms_document_guid":""}],"date_created":"2020-01-24T14:33:32.434594-08:00","date_modified":"2025-12-30T23:49:09.483307-08:00","date_filed":"2020-01-24","time_filed":null,"entry_number":25,"recap_sequence_number":"2020-01-24.002","pacer_sequence_number":95,"description":"ORDER granting 23 Stipulation: Discovery due by 9/11/2020. The parties shall notify the Court should the case settle following the 3/3/20 mediation. See Order for further details. Signed by Chief Judge G Murray Snow on 1/24/20. (DXD) (Entered: 01/24/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/117078964/","id":117078964,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/121459218/","id":121459218,"tags":[],"absolute_url":"","date_created":"2020-01-24T11:30:48.535573-08:00","date_modified":"2020-01-24T11:30:48.540155-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Scheduling Conference","acms_document_guid":""}],"date_created":"2020-01-24T11:30:48.531155-08:00","date_modified":"2020-01-24T11:30:48.531172-08:00","date_filed":"2020-01-24","time_filed":null,"entry_number":null,"recap_sequence_number":"2020-01-24.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/117078963/","id":117078963,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/121459217/","id":121459217,"tags":[],"absolute_url":"","date_created":"2020-01-24T11:30:48.500188-08:00","date_modified":"2020-01-24T11:30:48.502880-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"1 - Common Prompts (Text Only)","acms_document_guid":""}],"date_created":"2020-01-24T11:30:48.493745-08:00","date_modified":"2020-01-24T11:30:48.493779-08:00","date_filed":"2020-01-24","time_filed":null,"entry_number":null,"recap_sequence_number":"2020-01-24.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/116972889/","id":116972889,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/121352050/","id":121352050,"tags":[],"absolute_url":"/docket/15866563/23/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-01-23T16:57:18.847842-08:00","date_modified":"2026-08-15T00:05:09.687127-07:00","sha1":"2ce4133e0f11972c7eb43fe3fafb213cf15c55a9","page_count":4,"file_size":126526,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.23.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.23.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 23 Filed 01/23/20 Page 1 of 4\n\n\n\n\n LAW OFFICES\n 1\n BROENING OBERG WOODS & WILSON\n PROFESSIONAL CORPORATION\n 2\n 2800 N. CENTRAL AVENUE, SUITE 1600\n PHOENIX, ARIZONA 85004\n 3\n (602) 271-7700\n 4\n Robert T. Sullivan (Ariz. Bar No. 022719)\n rts@bowwlaw.com\n 5\n Alicyn M. Freeman (Ariz. Bar No. 023916)\n amf@bowwlaw.com\n 6\n Alice M. Jones (Ariz. Bar No. 028062)\n amj@bowwlaw.com\n 7 Minute Entries/Orders\n cjg@bowwlaw.com\n 8\n Attorneys for Defendant State Farm Fire\n and Casualty Company\n 9\n10\n IN THE UNITED STATES DISTRICT COURT\n11\n FOR THE DISTRICT OF ARIZONA\n12\n Anderson Phillips and Jasmine Phillips, No. 2:19-CV-04605-GMS\n13 husband and wife,\n\n14 Plaintiffs, STIPULATION OF DEADLINES FOR\n DISCLOSURE AND DISCOVERY\n15 vs.\n16 (Assigned to The Honorable\n G. Murray Snow)\n17 State Farm Fire and Casualty Company, an\n Illinois corporation,\n18 Defendant.\n19\n Pursuant to the Court\u2019s request, the parties met and conferred on January 23, 2020,\n20\n regarding discovery deadlines and hereby submit this stipulated discovery schedule for the\n21\n Court\u2019s consideration. As background, the parties have taken the following depositions in\n22\n this case.\n23\n24 Plaintiff Anderson Phillips, Deposition \u2013 March 30, 2018\n Plaintiff Jasmine Phillips, Deposition \u2013 March 30, 2018\n25\n State Farm Claim Specialist Robert Gonzales, Deposition \u2013 April 4, 2018\n26 Plaintiffs\u2019 Public Adjuster Justin Skipton, Deposition \u2013 April 12, 2018\n\f Case 2:19-cv-04605-GMS Document 23 Filed 01/23/20 Page 2 of 4\n\n\n\n\n 1 Plaintiffs\u2019 Contractor David Fix, Deposition \u2013 May 4, 2018\n State Farm Team Manger Abel Costales, Deposition \u2013 May 18, 2018\n 2 State Farm Claim Consultant Thomas Moss, Deposition \u2013 July 31, 2018\n 3\n The parties hereby stipulate to the following discovery deadlines:\n 4\n a. A deadline for the completion of fact discovery, which will also be the\n 5\n deadline for final supplementation of discovery responses under the MIDP:\n 6\n The parties request that the Court set deadlines through a class certification\n 7\n hearing at this time, and a further scheduling conference after Plaintiffs\u2019 motion for\n 8\n class certification is decided. The parties propose a deadline of September 11, 2020\n 9\n for the parties to complete discovery necessary for class certification.\n10\n b. Dates for full and complete expert disclosures under Federal Rule of Civil\n11\n Procedure 26(a)(2)(A)-(C):\n12\n The parties request that the Court set deadlines through a class certification\n13\n hearing at this time, and a further scheduling conference after Plaintiffs\u2019 motion for\n14\n class certification is decided. The parties propose a deadline of October 9, 2020 for\n15\n the parties to complete expert disclosures necessary for class certification.\n16\n c. A deadline for completion of all expert depositions:\n17\n The parties request that the Court set deadlines through a class certification\n18\n hearing at this time, and a further scheduling conference after Plaintiffs\u2019 motion for\n19\n class certification is decided. The parties propose a deadline of December 4, 2020 for\n20\n the parties to complete expert depositions.\n21\n d. A date by which the parties shall have engaged in face-to-face good faith\n22\n settlement talks:\n23\n April 24, 2020\n24\n e. A deadline for filing dispositive motions:\n25\n The parties request that the Court set deadlines through a class certification\n26\n\n 2\n\f Case 2:19-cv-04605-GMS Document 23 Filed 01/23/20 Page 3 of 4\n\n\n\n\n 1 hearing at this time, and a further scheduling conference after Plaintiff\u2019s motion for\n 2 class certification is decided. The parties propose a deadline of January 29, 2021 for\n 3 Plaintiffs to file their Motion for Class Certification. The parties propose that it have\n 4 60 days to file its Opposition to Plaintiffs\u2019 Motion for Class Certification and that\n 5 Plaintiffs have 30 days to file any Reply in Support of their Motion for Class\n 6 Certification.\n 7\n 8 DATED this 23rd day of January, 2020.\n 9\n BROENING OBERG WOODS & WILSON, P.C.\n10\n11\n By: /s/ Alicyn M. Freeman\n12 Robert T. Sullivan\n Alicyn M. Freeman\n13 Alice M. Jones\n 2800 North Central Avenue, Suite 1600\n14 Phoenix, Arizona 85004\n Attorneys for Defendant\n15 State Farm Fire and Casualty Company\n\n16\n17 MERLIN LAW GROUP P.A.\n18\n19\n By: /s/ Michael N. Poli (with permission)\n20 Michael N. Poli\n Lawrence R. Moon\n21 2999 North 44th Street, Suite 520\n Phoenix, AZ 85018\n22 Attorneys for Plaintiffs\n\n23\n24\n25\n26\n\n 3\n\f Case 2:19-cv-04605-GMS Document 23 Filed 01/23/20 Page 4 of 4\n\n\n\n\n 1 CERTIFICATE OF SERVICE\n\n 2\n I hereby certify that on the 23rd day of January, 2020, I caused the attached document\n 3\n to be electronically transmitted to the Clerk\u2019s office using CM/ECF System for filing and\n 4\n transmittal of a Notice of Electronic Filing to the CM/ECF registrants:\n 5\n 6 Michael N. Poli\n Lawrence R. Moon\n 7 MERLIN LAW GROUP P.A.\n 2999 North 44th Street, Suite 520\n 8 Phoenix, AZ 85018\n 9 mpoli@merlinlawgroup.com\n lmoon@merlinlawgroup.com\n10 Attorneys for Plaintiffs\n11\n12\n By /s/ Jane E. Stimbert\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\n 4\n\f","ocr_status":2,"date_upload":"2026-08-01T18:56:08.380110-07:00","document_number":"23","attachment_number":null,"pacer_doc_id":"025021640222","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Stipulation","acms_document_guid":""}],"date_created":"2020-01-23T16:57:18.842817-08:00","date_modified":"2025-12-30T23:49:09.318850-08:00","date_filed":"2020-01-23","time_filed":null,"entry_number":23,"recap_sequence_number":"2020-01-23.001","pacer_sequence_number":90,"description":"STIPULATION of Deadlines for Disclosure and Discovery by State Farm Fire and Casualty Company. (Attachments: # 1 Text of Proposed Order Order Re Deadlines for Disclosure and Discovery)(Freeman, Alicyn) *Modified text on 1/24/2020 (DXD). (Entered: 01/23/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/116379950/","id":116379950,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/120753386/","id":120753386,"tags":[],"absolute_url":"/docket/15866563/22/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2020-01-17T15:57:23.237613-08:00","date_modified":"2026-08-07T09:35:27.300885-07:00","sha1":"dbb9e18a5f34e1b30609efc6924c5e76fbe6e075","page_count":12,"file_size":100386,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.22.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.22.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 1 of 12\n\n\n\n\n1 LAW OFFICES\n BROENING OBERG WOODS & WILSON\n2 PROFESSIONAL CORPORATION\n 2800 NORTH CENTRAL AVENUE, SUITE 1600\n3 PHOENIX, ARIZONA 85004\n (602) 271-7700\n4\n Robert T. Sullivan (Ariz. Bar No. 022719)\n5 rts@bowwlaw.com\n Alicyn M. Freeman (Ariz. Bar No. 023916)\n6 amf@bowwlaw.com\n Alice M. Jones (Ariz. Bar No. 028062)\n7 amj@bowwlaw.com\n Minute Entries/Orders\n8 cjg@bowwlaw.com\n Attorneys for Defendant State Farm Fire\n9 and Casualty Company\n\n10 IN THE UNITED STATES DISTRICT COURT\n11 FOR THE DISTRICT OF ARIZONA\n12 Anderson Phillips and Jasmine Phillips, No. 2:19-CV-04605-GMS\n13 husband and wife,\n\n14 Plaintiffs, JOINT REPORT\n\n15 vs.\n16\n17 State Farm Fire and Casualty Company, an\n Illinois corporation, (Assigned to the Hon. G. Murray\n18 Snow)\n Defendant.\n19\n20\n Defendant State Farm Fire and Casualty Company (\u201cDefendant\u201d) and Plaintiffs\n21\n22 Anderson Phillips and Jasmine Phillips (\u201cPlaintiffs\u201d), pursuant to the Court\u2019s November\n23 20, 2019 Order Setting Rule 16 Case Management Conference [Docket No. 19], and having\n24\n conferred in accordance with that Order and Fed. R. Civ. P. 26(f), submit this Joint Report\n25\n in advance of the Case Management Conference set for January 24, 2020 at 9:00 a.m.\n26\n T2428102.DOCX;1\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 2 of 12\n\n\n\n\n1 1. List of Parties who attended the Rule 26(f) meeting and assisted in\n2\n developing the Case Management Report:\n3\n Counsel Nicholas Smith of Merlin Law Group for Plaintiffs and Alicyn Freeman\n4\n5 for Defendant attended the Rule 26(f) meeting on January 13, 2020 and assisted in\n\n6 developing the Case Management Report. During the meeting, counsel agreed to schedule\n7\n private mediation in the next 60 days in an attempt to resolve this matter.\n8\n 2. A list of the parties in the case, including any parent corporations or\n9\n10 entities (for recusal purposes):\n\n11 Anderson Phillips and Jasmine Phillips\n12 State Farm Fire and Casualty Company\n13\n State Farm Mutual Insurance Company\n14\n15 3. A short statement of the nature of the case (3 pages or less):\n\n16 Plaintiffs Anderson and Jasmine Phillips (\u201cPlaintiffs\u201d) originally filed a Complaint\n17 in Maricopa County Superior Court on September 30, 2016, alleging claims for breach of\n18\n contract and tortious bad faith against State Farm. On May 30, 2019, Plaintiffs obtained\n19\n leave to amend the Complaint from the Superior Court to add a class action claim and to\n20\n21 add the claims of unjust enrichment and misrepresentation/false disclosures under A.R.S.\n22 \u00a7 20-443, for both Plaintiffs and the putative class members. The First Amended Class\n23\n Action Complaint was filed on June 3, 2019. State Farm removed this case to this Court\n24\n on July 1, 2019.\n25\n26 Anderson Phillips reported a fire loss to his home located at 214 W Desert Ln,\n T2428102.DOCX;1 -2-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 3 of 12\n\n\n\n\n1 Phoenix to State Farm on December 6, 2015 and made a claim under State Farm Policy\n2\n Number 03-J4-4660-2 (the \u201cPolicy\u201d). The inspection revealed that the roof framing system\n3\n sustained heavy charring throughout and would require removal. The interior sustained\n4\n5 heavy water and smoke damage throughout. All interior finishes would require removal.\n\n6 The home had tile throughout and average grade interior finishes.\n7\n State Farm prepared an Xactimate estimate for the repairs to the Phillips\u2019 home\n8\n using new construction labor efficiencies, which takes into account the labor efficiencies\n9\n10 which State Farm asserts are present during this kind of rebuild. State Farm\u2019s Operation\n\n11 Guide contemplates using the \u201cnew construction\u201d setting for the Phillips claim, where the\n12 repair process retains significant new construction efficiencies:\n13\n14 The New Construction option provides a cost for each line item\n based upon the most efficient labor productivity available. This\n15 option is intended to be used for true new construction\n16 applications or for jobs in which a total \u201cground-up\u201d rebuild is\n necessary. Additionally, it is possible that some portions of a\n17 large partial loss may be addressed using this efficiency\n18 setting. For example, as the rebuild process progresses, it is\n possible that a certain phase may be reached in which the\n19 remaining portions of the repair are more in line with a new\n construction scenario.\n20\n [Operation Guide \u2013 Claim Practices, Fire, at PHILA00001223PROD.] State Farm asserts\n21\n22 that the alternate \u201crestoration\u201d setting is inappropriate for the kind of extensive repairs\n23 necessary here:\n24\n25 this option provides a cost for each line item based upon a labor\n productivity that includes such things as drive time,\n26 mobilization costs, material delivery, and the overall reduction\n T2428102.DOCX;1 -3-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 4 of 12\n\n\n\n\n1 in productivity that occurs when repair professionals address\n the complex issues found in restoration and remodeling jobs\n2\n (for example, matching drywall texture or working in an\n3 occupied home).\n\n4 [Id.]\n5\n Plaintiffs, who were represented by a public adjuster, challenged State Farm\u2019s use\n6\n of new construction pricing. State Farm explained in a letter to the insured\u2019s public adjuster\n7\n8 its position that new construction pricing was appropriate under these circumstances:\n\n9\n According to Xactware, restoration service and remodeling\n10 work is done in existing structures, often with people still\n11 living in the buildings. In this environment, construction\n workers must work with existing features and additional time\n12 is often required to make sure the work does not cause\n additional damage.\n13\n14 Xactware indicates new construction is more efficient because\n work moves forward in a logical sequence and workers don\u2019t\n15 need to worry about protecting existing features so restoration\n service and remodeling work often takes longer than it does\n16 when doing the same work on a new construction.\n17\n [3/7/16 Letter from R. Gonzales to J. Skipton, PHILA00000266PROD.]\n18\n Plaintiffs allege that it was improper for State Farm to utilize new construction labor\n19\n20 efficiencies in its Xactimate estimate for repair to Plaintiffs\u2019 home. State Farm alleges that\n\n21 the use of new construction labor efficiencies were appropriate given the facts and\n22\n circumstance of the claim and the repair at the Phillips\u2019 home.\n23\n Plaintiffs\u2019 Amended Complaint asserts putative class claims and State Farm opposes\n24\n25 the putative class claims and certification.\n\n26\n T2428102.DOCX;1 -4-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 5 of 12\n\n\n\n\n1 4. The jurisdictional basis for the case, describing the basis for jurisdiction\n2\n and citing specific jurisdictional statutes:\n3\n This Court has jurisdiction under 28 U.S.C. \u00a7 1332(d), as this is a civil action in\n4\n5 which the matter in controversy exceeds the jurisdictional minimum of $5,000,000,\n\n6 exclusive of interests and costs, and is a class action in which a member of the putative\n7\n class is a citizen of a State different from State Farm and the number of putative class\n8\n members exceeds 100. Further, jurisdiction is proper pursuant to the Class Action Fairness\n9\n10 Act (\u201cCAFA\u201d), and USC \u00a7\u00a7 1441, 1446, and 1453(a) and (b).\n\n11 5. Any parties which have not been served and an explanation of why they\n12 have not been served, and any parties which have been served but have not been\n13\n answered or otherwise appeared:\n14\n15 None.\n\n16 6. A statement of whether any party expects to add additional parties to\n17 the case or otherwise to amend pleadings (the Court will set a deadline at the Case\n18\n Management Conference for joining parties and amending pleadings):\n19\n None.\n20\n21 7. A listing of contemplated motions and a statement of the issues to be\n22 decided by these motions (including motions under Federal Rules of Evidence 702,\n23\n 703, 704, and 705):\n24\n If the case does not resolve during the mediation that the parties have agreed to\n25\n26 schedule in the next 60 days, Defendant State Farm anticipates filing a Motion for\n T2428102.DOCX;1 -5-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 6 of 12\n\n\n\n\n1 Summary Judgment and an opposition to Plaintiff\u2019s motion for class certification.\n2\n 8. Whether the case is suitable for reference to a United States Magistrate\n3\n Judge for a settlement conference or trial:\n4\n5 This matter is not suitable for reference to a United States Magistrate Judge.\n\n6 9. The status of related cases pending before other courts or other judges\n7\n of this Court:\n8\n None.\n9\n10 10. A discussion of any issues relating to preservation, disclosure, or\n\n11 discovery of electronically stored information, including the parties\u2019 preservation of\n12 electronically stored information and the form or forms in which it will be produced\n13\n (see Rules 16(b)(3), 26(f)(3)):\n14\n15 The parties have agreed to the disclosure of electronically stored information in PDF\n\n16 form.\n17 11. A discussion of any issues relating to claims of privilege or work product\n18\n (see Rules 16(b)(3), 26(f)(3)):\n19\n The parties informally agreed to keep some documents confidential while this\n20\n21 matter was pending in state court. Now that the action has been removed, the parties are\n22 negotiating a formal protective order to be signed by the court and will submit that for the\n23\n court\u2019s review once finalized.\n24\n 12. A discussion of any issues relating to claims of privilege or work product\n25\n26 (see Rules 16(b)(3), 26(f)(3)):\n T2428102.DOCX;1 -6-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 7 of 12\n\n\n\n\n1 See Paragraph 11.\n2\n 13. A discussion of the parties\u2019 compliance to date with the MIDP, whether\n3\n any issues have arisen under the MIDP, and, if issues have arisen, a description of\n4\n5 those issues so the Court may resolve them at the Rule 16 conference. If the Rule 26(f)\n\n6 joint report raises MIDP issues for the Court to resolve, copies of the parties\u2019 MIDP\n7\n disclosures should be attached to the report.\n8\n The parties exchanged MIDP responses on December 20, 2019.\n9\n10 14. A discussion of necessary discovery. This discussion should take into\n\n11 account the December 1, 2015 amendments to Rule 26(b)(1), and should include:\n12 a. The extent, nature, and location of discovery anticipated by the\n13\n parties and why it is proportional to the needs of the case:\n14\n15 State Farm intends to depose David Fix. Mr. Fix is the owner of ADANAC\n\n16 Builders, the contractor that repaired the Phillips\u2019 home. Mr. Fix was deposed in this matter\n17 on May 4, 2018. However, Plaintiffs attached a previously undisclosed invoice from\n18\n ADANAC Builders Corporation dated October 29, 2018, and an affidavit from Mr. Fix\n19\n dated May 24, 2019, to Plaintiffs\u2019 Reply in Support of Plaintiffs\u2019 Motion for Leave to\n20\n21 Amend Complaint to Add Class Action dated May 24, 2019\n22 As a result, State Farm anticipates deposing Mr. Fix about this supplemental\n23\n affidavit and invoice. The affidavit and invoice were used to argue that Plaintiffs owe\n24\n ADANAC Builders additional money related to the repair of fire damage to their home.\n25\n26 However, the prior testimony indicated that the amount paid by State Farm was all that was\n T2428102.DOCX;1 -7-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 8 of 12\n\n\n\n\n1 owed under the Policy, repairs were completed and additional charges were made by\n2\n ADANAC for upgrades, not repairs that would be covered by the Policy.\n3\n State Farm also anticipates taking the deposition of Plaintiffs\u2019 expert, Chaney Hines.\n4\n5 State Farm reserves the right to identify additional discovery that may be necessary\n\n6 to oppose class certification after Plaintiffs supplement their MIDP with a definition of\n7\n their putative class and in response to any other supplements to Plaintiffs\u2019 MIDP Response.\n8\n Plaintiffs intend on deposing State Farm employees and/or agents involved in\n9\n10 preparing Xactimate estimates, State Farm employees and/or agents involved in handling\n\n11 Plaintiffs\u2019 claim, State Farm employees and/or agents most knowledgeable about\n12 Plaintiffs\u2019 claim, State Farm employees and/or agents most knowledgeable about State\n13\n Farm\u2019s Operation Guide, and any experts identified by State Farm.\n14\n15 Plaintiffs also intend on obtaining all materials relevant to the claim including, but\n\n16 not limited to, claim notes, claim logs, inspection reports, estimates, underwriting files,\n17 correspondence with their insureds, and personnel files of State Farm adjusters involved in\n18\n handling Plaintiffs\u2019 claim. Also, Plaintiff intends on obtaining all materials relevant to\n19\n State Farm\u2019s Operation Guide including, but not limited to, how it was developed and\n20\n21 training materials related to how to implement it and apply it to certain claims. Plaintiffs\n22 also intend on obtaining materials related to bonus incentive plans, and other incentive\n23\n benefits that State Farm offers its adjusters. Plaintiffs reserve the right to identify additional\n24\n discovery that may be necessary.\n25\n26 State Farm maintains the scope of discovery identified by Plaintiffs is overly broad\n T2428102.DOCX;1 -8-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 9 of 12\n\n\n\n\n1 and that it is unclear if the proposed discovery is proportional to the needs of the case and,\n2\n therefore, State Farm reserves all objections.\n3\n b. Suggested changes, if any, to the discovery limitations imposed by\n4\n5 the Federal Rules of Civil Procedure:\n\n6 None at this time.\n7\n c. The number of hours permitted for each deposition. The parties\n8\n should consider whether a total of number of deposition hours should be set in the\n9\n10 case, such as 30 total hours for Plaintiffs and 30 total hours for Defendants. Such\n\n11 overall time limits have the advantage of providing an incentive for each side to be as\n12 efficient as possible in each deposition, while also allowing parties to allocate time\n13\n among witnesses depending on the importance and complexity of subjects to be\n14\n15 covered with the witnesses.\n\n16 The parties stipulate to a presumptive deposition time limit of four hours which can\n17 be extended for good cause.\n18\n 15. A statement of when the parties served their MIDP discovery responses:\n19\n The parties exchanged MIDP responses on December 20, 2019. Plaintiffs did not\n20\n21 include a putative class definition in their MIDP response. Defendant\u2019s counsel sent\n22 correspondence to Plaintiffs\u2019 counsel on December 16, 2020 stating that \u201cState Farm\n23\n expects that it will be unable to provide a complete disclosure regarding its defenses to\n24\n class certification due to ambiguities and deficiencies in the class definition as currently\n25\n26 plead.\u201d\n T2428102.DOCX;1 -9-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 10 of 12\n\n\n\n\n1 16. Proposed specific dates for each of the following (deadlines should fall\n2\n on a Friday unless impracticable):\n3\n The parties agreed during the January 13, 2020 meet and confer to schedule private\n4\n5 mediation in the next 60 days. The parties therefore jointly request that the scheduling\n\n6 conference be continued and the deadline to submit proposed deadlines and a scheduling\n7\n order be extended for sixty days to allow the parties to participate in mediation.\n8\n 17. Whether a jury trial has been requested and whether the request for a\n9\n10 jury trial is contested:\n\n11 Trial by jury has been requested and is not contested\n12 18. The prospects for settlement, including any request of the Court for\n13\n assistance in settlement efforts:\n14\n15 The parties agreed at the meet and confer meeting on January 13, 2020 to set\n\n16 mediation in the next 60 days in an attempt to resolve this matter by settlement.\n17 19. Any other matters that will aid the Court and parties in resolving this\n18\n case in a just, speedy, and inexpensive manner as required by Federal Rule of Civil\n19\n20 Procedure 1.\n\n21 The parties respectfully request that this court vacate the scheduling conference set\n22 for January 24, 2020 and reschedule the hearing in 60 days. If the case does not resolve at\n23\n mediation, the parties will meet and confer and submit a supplemental Joint Report and\n24\n Scheduling Order.\n25\n26\n T2428102.DOCX;1 -10-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 11 of 12\n\n\n\n\n1 DATED this 17th day of January, 2020.\n2 BROENING OBERG WOODS & WILSON, P.C.\n3\n By: /s/ Alicyn M. Freeman\n4 Robert T. Sullivan\n Alicyn M. Freeman\n5 Alice M. Jones\n 2800 North Central Avenue, Suite 1600\n6 Phoenix, Arizona 85004\n Attorneys for Defendant\n7\n State Farm Fire and Casualty Company\n8\n9 MERLIN LAW GROUP P.A.\n10\n By: /s/ Michael N. Poli (with permission)\n11 Michael N. Poli\n Lawrence R. Moon\n12 2999 North 44th Street, Suite 520\n Phoenix, AZ 85018\n13 Attorneys for Plaintiffs\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n T2428102.DOCX;1 -11-\n\f Case 2:19-cv-04605-GMS Document 22 Filed 01/17/20 Page 12 of 12\n\n\n\n\n1 CERTIFICATE OF SERVICE\n2\n I hereby certify that on the 17th day of January, 2020, I caused the attached document\n3\n to be electronically transmitted to the Clerk\u2019s office using CM/ECF System for filing and\n4\n transmittal of a Notice of Electronic Filing to the CM/ECF registrants:\n5\n6 Michael N. Poli\n Lawrence R. Moon\n7 MERLIN LAW GROUP P.A.\n8 2999 North 44th Street, Suite 520\n Phoenix, AZ 85018\n9 mpoli@merlinlawgroup.com\n lmoon@merlinlawgroup.com\n10 Attorneys for Plaintiffs\n11\n12\n By /s/ Suzanne Beard\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n T2428102.DOCX;1 -12-\n\f","ocr_status":2,"date_upload":"2026-08-01T19:34:25.927500-07:00","document_number":"22","attachment_number":null,"pacer_doc_id":"025021618023","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Report - Other","acms_document_guid":""}],"date_created":"2020-01-17T15:57:23.229169-08:00","date_modified":"2025-12-30T23:49:09.238141-08:00","date_filed":"2020-01-17","time_filed":null,"entry_number":22,"recap_sequence_number":"2020-01-17.001","pacer_sequence_number":88,"description":"* Rule 26(f) Report re MIDP by Defendant State Farm Fire and Casualty Company. (Attachments: # 1 Text of Proposed Order Order re Resetting Scheduling Conference)(Freeman, Alicyn) *Modified on 1/21/2020 to correct event type (MSA). (Entered: 01/17/2020)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/115310837/","id":115310837,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/119675605/","id":119675605,"tags":[],"absolute_url":"","date_created":"2020-01-09T13:02:05.916534-08:00","date_modified":"2020-01-09T13:02:05.920788-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Remark re Pro Hac Vice Motion","acms_document_guid":""}],"date_created":"2020-01-09T13:02:05.912223-08:00","date_modified":"2020-01-09T13:02:05.912251-08:00","date_filed":"2020-01-09","time_filed":null,"entry_number":null,"recap_sequence_number":"2020-01-09.001","pacer_sequence_number":null,"description":"","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/113688418/","id":113688418,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/118041193/","id":118041193,"tags":[],"absolute_url":"/docket/15866563/21/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2019-12-20T17:39:40.081389-08:00","date_modified":"2025-12-30T23:49:09.075384-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"21","attachment_number":null,"pacer_doc_id":"025021513694","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice of Service of Responses to Mandatory Initial Discovery","acms_document_guid":""}],"date_created":"2019-12-20T17:39:40.075500-08:00","date_modified":"2025-12-30T23:49:09.027794-08:00","date_filed":"2019-12-20","time_filed":null,"entry_number":21,"recap_sequence_number":"2019-12-20.002","pacer_sequence_number":80,"description":"NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Anderson Phillips, Jasmine Phillips. (Moon, Lawrence) (Entered: 12/20/2019)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/113606104/","id":113606104,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/117958535/","id":117958535,"tags":[],"absolute_url":"/docket/15866563/20/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2019-12-20T10:33:41.547870-08:00","date_modified":"2025-12-30T23:49:08.987484-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"20","attachment_number":null,"pacer_doc_id":"025021509273","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Notice of Service of Responses to Mandatory Initial Discovery","acms_document_guid":""}],"date_created":"2019-12-20T10:33:41.537959-08:00","date_modified":"2025-12-30T23:49:08.943606-08:00","date_filed":"2019-12-20","time_filed":null,"entry_number":20,"recap_sequence_number":"2019-12-20.001","pacer_sequence_number":78,"description":"NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant State Farm Fire and Casualty Company. (Freeman, Alicyn) (Entered: 12/20/2019)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/110259797/","id":110259797,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/114586828/","id":114586828,"tags":[],"absolute_url":"/docket/15866563/19/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2019-11-20T15:54:02.951322-08:00","date_modified":"2026-08-22T00:05:44.658451-07:00","sha1":"2229b17122cefc66ac80514602ce8610516f9914","page_count":6,"file_size":109138,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.19.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.19.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 19 Filed 11/20/19 Page 1 of 6\n\n\n\n 1\n 2\n 3\n 4\n 5\n 6 IN THE UNITED STATES DISTRICT COURT\n 7 FOR THE DISTRICT OF ARIZONA\n 8\n 9 Anderson Phillips, et al., No. CV-19-04605-PHX-GMS\n10 Plaintiffs, ORDER SETTING RULE 16 CASE\n MANAGEMENT CONFERENCE\n11 v.\n12 State Farm Fire and Casualty Company,\n13 Defendant.\n14\n15\n16 Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management\n\n17 Conference is set for January 24, 2020 at 9:00 a.m. in Courtroom 602, Sandra Day\n18 O\u2019Connor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona\n\n19 85003-2151. In preparation for this Case Management Conference, it is hereby ordered as\n\n20 follows:\n21 A. Rule 26(f) Meeting and Case Management Report.\n22 The parties are directed to meet and confer at least 10 days before the Case\n\n23 Management Conference as required by Federal Rule of Civil Procedure 26(f). At this\n\n24 meeting the parties shall develop a joint Case Management Report which contains the\n\n25 information called for in section B below.\n\n26 B. Mandatory Initial Discovery Pilot Project.\n27 The Court is participating in the Mandatory Initial Discovery Pilot Project\n28 (\u201cMIDP\u201d). The MIDP was approved by the Judicial Conference of the United States and\n\f Case 2:19-cv-04605-GMS Document 19 Filed 11/20/19 Page 2 of 6\n\n\n\n 1 has been implemented in this District by General Order 17-08. The MIDP applies to all\n 2 civil cases filed on or after May 1, 2017, other than cases listed in Rule 26(a)(1)(B), actions\n 3 under the Private Securities Litigation Reform Act (\u201cPSLRA\u201d), and cases transferred for\n 4 consolidated administration in this District by the Judicial Panel on Multidistrict Litigation.\n 5 The discovery obligations in the MIDP supersede the disclosures required by Rule 26(a)(1)\n 6 and are framed as court-ordered mandatory initial discovery. Unlike initial disclosures\n 7 required by current Rule 26(a)(1)(A) & (C), the MIDP does not allow parties to opt out.\n 8 Thus, if your case was filed after May 1, 2017, and does not fall within one of the\n 9 exceptions identified above, you must comply with the discovery obligation of the MIDP.\n10 You should have received a notice regarding the pilot project when your case was filed or\n11 you were served, and you should already be complying with the MIDP. Resources related\n12 to the MIDP are available on the Court\u2019s website at\n13 www.azd.uscourts.gov/attorneys/mandatory-initial-discovery-pilot.\n14 C. Joint Case Management Report.\n15 The parties\u2019 Joint Case Management Report shall contain the following information\n16 in separately numbered paragraphs.\n17 1. The parties who attended the Rule 26(f) meeting and assisted in developing\n18 the Case Management Report;\n19 2. A list of the parties in the case, including any parent corporations or entities\n20 (for recusal purposes);\n21 3. A short statement of the nature of the case (3 pages or less);\n22 4. The jurisdictional basis for the case, describing the basis for jurisdiction (see\n23 the accompanying footnote) and citing specific jurisdictional statutes;1\n24\n 1\n25 If jurisdiction is based on diversity of citizenship, the report shall include a\n statement of the citizenship of every party and a description of the amount in dispute. See\n26 28 U.S.C. \u00a71332. The parties are reminded that (1) a corporation is a citizen of the state\n where it is incorporated and the state of its principal place of business, and (2) partnerships\n27\n and limited liability companies are citizens of every state in which one of their partners or\n28 members resides. See 28 U.S.C. \u00a71332(c); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090,\n 1092 (9th Cir. 1990); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d\n\n -2-\n\f Case 2:19-cv-04605-GMS Document 19 Filed 11/20/19 Page 3 of 6\n\n\n\n 1 5. Any parties which have not been served and an explanation of why they have\n 2 not been served, and any parties which have been served but have not answered or\n 3 otherwise appeared;\n 4 6. A statement of whether any party expects to add additional parties to the case\n 5 or otherwise to amend pleadings (the Court will set a deadline at the Case Management\n 6 Conference for joining parties and amending pleadings);\n 7 7. A listing of contemplated motions and a statement of the issues to be decided\n 8 by these motions (including motions under Federal Rules of Evidence 702, 703, 704,\n 9 and 705);\n10 8. Whether the case is suitable for reference to a United States Magistrate Judge\n11 for a settlement conference or trial;\n12 9. The status of related cases pending before other courts or other judges of this\n13 Court;\n14 10. A discussion of any issues relating to preservation, disclosure, or discovery\n15 of electronically stored information, including the parties\u2019 preservation of electronically\n16 stored information and the form or forms in which it will be produced (see Rules 16(b)(3),\n17 26(f)(3));\n18 11. A discussion of any issues relating to claims of privilege or work product\n19 (see Rules 16(b)(3), 26(f)(3));\n20 12. A discussion of whether an order under Federal Rule of Evidence 502(d) is\n21 warranted in this case;\n22 13. A discussion of the parties\u2019 compliance to date with the MIDP, whether any\n23 issues have arisen under the MIDP, and, if issues have arisen, a description of those issues\n24 so the Court may resolve them at the Rule 16 conference. If the Rule 26(f) joint report\n25\n26 691, 692 (7th Cir. 2003). The parties are further reminded that the use of fictitious parties\n27 (\u201cJohn Doe\u201d or \u201cABC Corporation\u201d) \u201ccasts no magical spell on a complaint otherwise\n lacking in diversity jurisdiction.\u201d Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d\n28 1187, 1191 (9th Cir. 1970) (citations omitted).\n\n\n -3-\n\f Case 2:19-cv-04605-GMS Document 19 Filed 11/20/19 Page 4 of 6\n\n\n\n 1 raises MIDP issues for the Court to resolve, copies of the parties\u2019 MIDP disclosures should\n 2 be attached to the report.\n 3 14. A discussion of necessary discovery. This discussion should take into\n 4 account the December 1, 2015 amendments to Rule 26(b)(1), and should include:\n 5 a. The extent, nature, and location of discovery anticipated by the parties\n 6 and why it is proportional to the needs of the case;\n 7 b. Suggested changes, if any, to the discovery limitations imposed by the\n 8 Federal Rules of Civil Procedure;\n 9 c. The number of hours permitted for each deposition. The parties\n10 should consider whether a total number of depositions hours should be set in the case, such\n11 as 30 total hours for Plaintiffs and 30 total hours for Defendants. Such overall time limits\n12 have the advantage of providing an incentive for each side to be as efficient as possible in\n13 each deposition, while also allowing parties to allocate time among witnesses depending\n14 on the importance and complexity of subjects to be covered with the witnesses.\n15 15. A statement of when the parties served their MIDP discovery responses;\n16 16. Proposed specific dates for each of the following (deadlines should fall on\n17 a Friday unless impracticable):\n18 a. A deadline for the completion of fact discovery, which will also be\n19 the deadline for final supplementation of discovery responses under the MIDP;2\n20 b. Dates for full and complete expert disclosures under Federal Rule of\n21 Civil Procedure 26(a)(2)(A)-(C);\n22 c. A deadline for completion of all expert depositions;\n23 d. A date by which the parties shall have engaged in face-to-face good\n24 faith settlement talks;\n25\n 2\n General Order 17-08 should be reviewed carefully. It requires parties to timely\n26 supplement their MIDP responses as new information is discovered. Parties who fail to\n27 timely disclose relevant information will be precluded from using it in the case and may be\n subject to other sanctions. Parties who unreasonably postpone disclosure of relevant\n28 information to the end of the discovery period will also be subject to sanctions.\n\n\n -4-\n\f Case 2:19-cv-04605-GMS Document 19 Filed 11/20/19 Page 5 of 6\n\n\n\n 1 e. A deadline for filing dispositive motions.\n 2 17. Whether a jury trial has been requested and whether the request for a jury\n 3 trial is contested (if the request is contested, briefly set forth the reasons);\n 4 18. The prospects for settlement, including any request of the Court for\n 5 assistance in settlement efforts; and\n 6 19. Any other matters that will aid the Court and parties in resolving this case in\n 7 a just, speedy, and inexpensive manner as required by Federal Rule of Civil Procedure 1.\n 8 The parties shall jointly file the Case Management Report with the Clerk not less\n 9 than seven days before the Case Management Conference. It is the responsibility of\n10 Plaintiff(s) to initiate the Rule 26(f) meeting and preparation of the joint Case Management\n11 Report. Defendant(s) shall promptly and cooperatively participate in the Rule 26(f)\n12 meeting and assist in preparation of the Case Management Report.\n13 D. Case Management Order.\n14 The Court directs counsel and any unrepresented parties to Federal Rule of Civil\n15 Procedure 16 for the objectives of the Case Management Conference. Counsel who will\n16 be responsible for trial of the lawsuit for each party, and any party that is not represented\n17 by counsel, shall appear and participate in the Case Management Conference and shall\n18 have authority to enter into stipulations regarding all matters that may be discussed.\n19 A continuance of the Case Management Conference will be granted only for good cause.\n20 As a result of the Case Management Conference, the Court will enter a Case\n21 Management Order. The form of the Court\u2019s standard Case Management Order can be\n22 found on the Court\u2019s website at www.azd.uscourts.gov under Judges and Courtrooms and\n23 Orders, Forms and Procedures. The Court fully intends to enforce the deadlines in the Case\n24 Management Order. The parties should plan their litigation activities accordingly.\n25 E. Other Matters.\n26 The parties are expected to comply fully with the Federal and Local Rules of Civil\n27 Procedure and to minimize the expense of discovery. The parties should ensure that all\n28 filings comply with Local Rules of Civil Procedure 7.1 and 7.2. In addition, in all filings,\n\n\n -5-\n\f Case 2:19-cv-04605-GMS Document 19 Filed 11/20/19 Page 6 of 6\n\n\n\n 1 citations in support of any assertion in the text shall be included in the text, not in footnotes.\n 2 The Clerk of the Court shall send copies of this order to all counsel of record and to any\n 3 unrepresented parties.\n 4 Dated this 20th day of November, 2019.\n 5\n 6\n 7\n 8\n 9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\n\n -6-\n\f","ocr_status":2,"date_upload":"2026-08-01T19:34:17.738619-07:00","document_number":"19","attachment_number":null,"pacer_doc_id":"025021375938","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Order","acms_document_guid":""}],"date_created":"2019-11-20T15:54:02.945353-08:00","date_modified":"2025-12-30T23:49:08.867914-08:00","date_filed":"2019-11-20","time_filed":null,"entry_number":19,"recap_sequence_number":"2019-11-20.002","pacer_sequence_number":73,"description":"ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for January 24, 2020 at 9:00 a.m. in Courtroom 602, Sandra Day O'Connor U.S. Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003-2151. (See Order for details.) Signed by Chief Judge G Murray Snow on 11/20/2019. (SST) (Entered: 11/20/2019)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/110248747/","id":110248747,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/114575693/","id":114575693,"tags":[],"absolute_url":"/docket/15866563/18/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2019-11-20T14:53:17.079266-08:00","date_modified":"2026-08-15T00:19:36.790979-07:00","sha1":"b62dafb8292f076909f0f6989340c01befe195a6","page_count":12,"file_size":72521,"filepath_local":"recap/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.18.0.pdf","filepath_ia":"https://archive.org/download/gov.uscourts.azd.1188248/gov.uscourts.azd.1188248.18.0.pdf","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":" Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 1 of 12\n\n\n\n\n1 LAW OFFICES\n BROENING OBERG WOODS & WILSON\n2 PROFESSIONAL CORPORATION\n 2800 NORTH CENTRAL AVENUE, SUITE 1600\n3 PHOENIX, ARIZONA 85004\n (602) 271-7700\n4\n Robert T. Sullivan (Ariz. Bar No. 022719)\n5 rts@bowwlaw.com\n Alicyn M. Freeman (Ariz. Bar No. 023916)\n6 amf@bowwlaw.com\n Alice M. Jones (Ariz. Bar No. 028062)\n7 amj@bowwlaw.com\n Minute Entries/Orders\n8 cjg@bowwlaw.com\n Attorneys for Defendant State Farm Fire\n9 and Casualty Company\n\n10 IN THE UNITED STATES DISTRICT COURT\n11 FOR THE DISTRICT OF ARIZONA\n12 Anderson Phillips and Jasmine Phillips, No. 2:19-CV-04605-GMS\n13 husband and wife,\n\n14 Plaintiffs, DEFENDANT STATE FARM FIRE\n AND CASUALTY COMPANY\u2019S\n15 ANSWER TO FIRST AMENDED\n vs. CLASS ACTION COMPLAINT\n16\n17 State Farm Fire and Casualty Company, an\n Illinois corporation,\n18 (Assigned to the Hon. G. Murray\n Defendant. Snow)\n19\n20\n Defendant State Farm Fire and Casualty Company (hereinafter \u201cState Farm\u201d), for\n21\n its Answer to Plaintiff\u2019s First Amended Claim Action Complaint, admits, alleges and\n22\n23 denies as follows:\n\n24 1. State Farm lacks sufficient information to admit or deny the allegations of\n25\n Paragraph 1.\n26\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 2 of 12\n\n\n\n\n1 2. State Farm admits the allegations of Paragraph 2.\n2\n 3. State Farm admits the allegations of Paragraph 3.\n3\n 4. Answering Paragraph 4, State Farm admits that jurisdiction and venue are\n4\n5 proper in this Court.\n\n6 5. Answering Paragraph 5, State Farm admits that it issued Policy number 03-\n7\n J4-4660-2 (the \u201cPolicy\u201d) providing certain insurance coverage for personal and real\n8\n property at 614 West Desert Lane, Phoenix, Arizona 85041 (the \u201cProperty\u201d) subject to the\n9\n10 terms, conditions, limitations and exclusions of the Policy, which speaks for itself.\n\n11 6. Answering Paragraph 6, State Farm admits that a fire caused certain damage\n12 to the Property on December 6, 2015. State Farm denies any other allegations of Paragraph\n13\n 6.\n14\n15 7. Answering Paragraph 7, State Farm admits that December 6, 2015 was\n\n16 within the Policy\u2019s term. State Farm denies any other allegations of Paragraph 7.\n17 8. Answering Paragraph 8, State Farm admits that Plaintiffs submitted a claim\n18\n under the Policy but denies all other allegations of Paragraph 8.\n19\n 9. State Farm admits the allegations of Paragraphs 9-10.\n20\n21 10. State Farm denies the allegations of Paragraphs 11-12.\n22 11. State Farm admits the allegations of the first sentence of Paragraph 13. State\n23\n Farm lacks information to either admit or deny the second sentence of Paragraph 13, and\n24\n therefore denies the same.\n25\n26 12. Answering Paragraph 14, State Farm admits that it received a purported\n\n 2\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 3 of 12\n\n\n\n\n1 estimate of the costs of repair from Skipton & Associates, Inc. (\u201cSkipton\u201d) but denies that\n2\n the estimate reflected the true and accurate costs of repair.\n3\n 13. State Farm admits the allegation of Paragraph 15.\n4\n5 14. State Farm denies the allegations of Paragraphs 16-21. State Farm\n\n6 affirmatively alleges that the investigation and adjustment was timely, reasonable and\n7\n proper.\n8\n 15. Answering Paragraph 22, State Farm lacks information to either admit or\n9\n10 deny the allegation made therein, and therefore denies the same. State Farm alleges that\n\n11 Xactimate is a software tool that utilizes industry standard pricing and aids State Farm\n12 adjusters in creating estimates for structure losses.\n13\n 16. Answering Paragraph 23, State Farm admits that it utilizes the Xactimate\n14\n15 estimating tool to help adjust residential and commercial property loss claims.\n\n16 17. Answering Paragraph 24, State Farm alleges that it is vague and ambiguous\n17 and cannot be admitted or denied, and therefore denies the same. State Farm alleges that\n18\n the Xactimate software tool aids State Farm adjusters in creating estimates for structure\n19\n losses. The amount ultimately paid by State Farm in each individual claim varies based on\n20\n21 a number of factors, including the information provided by the insured, other estimates\n22 submitted and the expenses incurred by the insured.\n23\n 18. Answering Paragraph 25-27, State Farm alleges that the Xactimate software\n24\n tool utilized by State Farm has different labor efficiencies available for the adjuster to\n25\n26 utilize if applicable depending on the facts and circumstances of the loss and to use in\n\n 3\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 4 of 12\n\n\n\n\n1 conjunction with the knowledge and expertise of the adjuster creating the initial estimate\n2\n for structure losses. The remainder of Paragraphs 25-27 is denied.\n3\n 19. Answering Paragraph 28, new construction labor efficiencies depend on\n4\n5 numerous variables such as job size, complexity, accessibility and whether the structure is\n\n6 occupied, among others. These variables may exist for true new construction, ground-up\n7\n rebuilds and some portions of a large partial loss. The restoration/service/remodel option\n8\n is for jobs other than total losses or new construction and accounts for the overall reduction\n9\n10 in productivity that occurs when repair professionals address complex issues found in\n\n11 restoration or remodeling jobs. State Farm denies any other allegations of Paragraph 28.\n12 20. Answering Paragraph 29, State Farm alleges that the Xactimate software tool\n13\n utilized by State Farm has different labor efficiency calculations available for the adjuster\n14\n15 to utilize if applicable depending on the facts and circumstances of the loss and to use in\n\n16 conjunction with the knowledge and expertise of the adjuster creating the initial estimate\n17 for structure losses. State Farm denies any other allegations of Paragraph 29.\n18\n 21. State Farm denies the allegations of Paragraphs 30-32, and specifically\n19\n denies that \u201cXactimate had two databases.\u201d\n20\n21 22. Answering Paragraph 33, the use of the term \u201crequiring restoration\u201d is vague\n22 and ambiguous. State Farm denies the allegation of Paragraph 33 to the extent it assumes\n23\n that a \u201cnew construction database\u201d exists and alleges that State Farm utilized improper\n24\n labor efficiencies when estimating property loss claims. State Farm denies any other\n25\n26 allegations of Paragraph 33.\n\n 4\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 5 of 12\n\n\n\n\n1 23. State Farm denies the allegations of Paragraphs 34-43.\n2\n 24. Answering Paragraph 44, State Farm admits that Plaintiffs purport to bring\n3\n this suit as a class action but denies that this suit may properly be certified for class\n4\n5 treatment and denies that Plaintiffs have identified a certifiable class under Rule 23, Fed.\n\n6 R. Civ. P. State Farm additionally denies that Rule 23 of the Arizona Rules of Civil\n7\n Procedure applies as this matter has been removed to federal court.\n8\n 25. Paragraph 62 on page 5 of the First Amended Class Action Complaint does\n9\n10 not contain factual allegations to which a response is required. 1 To the extent a response\n\n11 is required, State Farm denies the allegations of Paragraph 62 and reserves all rights.\n12 26. State Farm denies the allegations in Paragraphs 63-74 on pages 6-9 of the\n13\n First Amended Class Action Complaint. State Farm alleges that this case has been removed\n14\n15 to federal court and Arizona Rule of Civil Procedure 23 no longer applies. State Farm\n\n16 alleges that Plaintiffs cannot satisfy the prerequisites of Federal Rule of Civil Procedure\n17 23(a) and (b). State Farm further alleges that Plaintiffs cannot establish adequacy,\n18\n commonality or typicality under Rule 23(a), Fed. R. Civ. P., and Plaintiffs cannot satisfy\n19\n any of the three subsections under Rule 23(b), Fed. R. Civ. P., including superiority and\n20\n21 predominance under Rule 23(b)(3).\n22 27. Answering Paragraph 45, State Farm incorporates by reference all previous\n23\n denials, admissions and allegations contained in its responses to Paragraphs 1-44, 62-74 of\n24\n25\n 1\n Note, the paragraph numbers of the First Amended Class Action Complaint skip from 44\n26\n to 62 on page 5, and then return to paragraph number 45 on page 9.\n\n 5\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 6 of 12\n\n\n\n\n1 the First Amended Class Action Complaint, as if set forth completely herein.\n2\n 28. Answering Paragraphs 46 and 47, State Farm admits that the Policy provides\n3\n certain insurance coverage for personal and real property at the Property subject to the\n4\n5 terms, conditions, limitations and exclusions of the Policy. State Farm denies that\n\n6 Paragraphs 46 and 47 provide a complete and accurate description of the Policy and\n7\n corresponding coverages.\n8\n 29. Answering Paragraph 48, State Farms admits that the Policy contains an\n9\n10 implied covenant of good faith and fair dealing. State Farm affirmatively alleges that\n\n11 Plaintiffs also owe an implied duty of good faith and fair dealing under the Policy.\n12 30. State Farm denies the allegations of Paragraph 49-54.\n13\n 31. Answering Paragraph 55, State Farm incorporates by reference all previous\n14\n15 denials, admissions and allegations contained in its responses to Paragraphs 1-44, 62-74,\n\n16 45-54 of the First Amended Class Action Complaint, as if set forth completely herein.\n17 32. Paragraph 56 does not contain factual allegations to which a response is\n18\n required. To the extent a response is required, State Farm denies that the quoted language\n19\n in Paragraph 56 contains a complete and accurate summary of relevant law.\n20\n21 33. Answering Paragraph 57, State Farms admits that the Policy contains an\n22 implied covenant of good faith and fair dealing. State Farm affirmatively alleges that\n23\n Plaintiffs also owe an implied duty of good faith and fair dealing under the Policy.\n24\n 34. Answering Paragraph 58, State Farm admits that the obligation by State Farm\n25\n26 under the Policy is governed by the Policy language including its terms, conditions,\n\n 6\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 7 of 12\n\n\n\n\n1 limitations and exclusions. State Farm affirmatively alleges it has complied with the Policy\n2\n terms and paid Plaintiffs for their Loss pursuant to the terms, conditions, limitations and\n3\n exclusions of the Policy.\n4\n5 35. State Farm denies the allegations of Paragraphs 59-65 on pages 10-11 of the\n\n6 First Amended Class Action Complaint.\n7\n 36. Answering Paragraph 66, State Farm incorporates by reference all previous\n8\n denials, admissions and allegations contained in its responses to Paragraphs 1-44, 62-74,\n9\n10 45-65 of the First Amended Class Action Complaint, as if set forth completely herein.\n\n11 37. State Farm denies the allegations of Paragraphs 67-70 on pages 11-12 of the\n12 First Amended Class Action Complaint.\n13\n 38. Answering Paragraph 71, State Farm incorporates by reference all previous\n14\n15 denials, admissions and allegations contained in its responses to Paragraphs 1-44, 62-74,\n\n16 45-70 of the First Amended Class Action Complaint, as if set forth completely herein.\n17 39. State Farm denies the allegations of Paragraphs 72-75 on page 12 of the First\n18\n Amended Class Action Complaint.\n19\n 40. State Farm denies each and every allegation contained in the First Amended\n20\n21 Class Action Complaint, and each part or subpart thereof that is not expressly admitted\n22 above.\n23\n AFFIRMATIVE DEFENSES\n24\n 41. State Farm sets forth below its affirmative defenses. By setting forth these\n25\n26 affirmative defenses, State Farm does not assume the burden of proving any fact, issue or\n\n 7\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 8 of 12\n\n\n\n\n1 element of a claim where such burden properly belongs to Plaintiffs. Moreover, nothing\n2\n stated herein is intended or shall be construed as acknowledgment that any particular issue\n3\n or subject matter is relevant to Plaintiffs\u2019 allegation. Further, State Farm fully reserves its\n4\n5 rights to assert additional defenses, counter-claims, cross-claims or third-party claims\n\n6 and/or to amend, supplement or augment this Answer, based on further investigation and\n7\n discovery.\n8\n 42. State Farm alleges Plaintiffs\u2019 First Amended Class Action Complaint and the\n9\n10 putative class member claims fail to state a claim upon which relief can be granted.\n\n11 43. State Farm alleges that Plaintiffs and putative class members failed to\n12 mitigate their damages.\n13\n 44. State Farm alleges that Plaintiffs\u2019 and putative class members\u2019 claims for\n14\n15 breach of the covenant of good faith and fair dealing and all damages allegedly arising\n\n16 therefrom, are barred based on Plaintiffs\u2019 and putative class members\u2019 inability to show\n17 the absence of a reasonable basis for the manner in which the claims for benefits under the\n18\n policy were handled (i.e. that the appropriateness of the handling of the claims under the\n19\n policy is not at least \u201cfairly debatable\u201d).\n20\n21 45. State Farm alleges that any damages in connection with Plaintiffs\u2019 and\n22 putative class members\u2019 claims are subject to offset and remittitur if and to the extent\n23\n Plaintiffs and putative class members receive compensation for their alleged loss from\n24\n persons other than State Farm\n25\n26\n\n 8\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 9 of 12\n\n\n\n\n1 46. State Farm alleges that all or a portion of Plaintiffs\u2019 and putative class\n2\n members\u2019 damages, if any, were proximately caused or contributed to by their own actions\n3\n or inactions and/or the actions and/or inactions of his agents and/or actions of others, all of\n4\n5 which either bars or reduces on a comparative basis any recovery against State Farm,\n\n6 including contributory negligence of any non-party that may have been partially or wholly\n7\n at fault pursuant to A.R.S. \u00a712-2506(B).\n8\n 47. State Farm denies that it breached any legal, equitable, or contractual\n9\n10 obligation or duty owed to Plaintiffs and putative class members, and asserts that, at all\n\n11 material times, it acted in good faith, in compliance with Arizona law, according to the\n12 terms of the applicable policies, without malice or intent to mislead or harm Plaintiffs or\n13\n putative class members or in reckless disregard of Plaintiffs\u2019 or putative class members\u2019\n14\n15 rights.\n\n16 48. Plaintiffs\u2019 and putative class members\u2019 claims are barred, in whole or in part,\n17 by failure to comply with requirements and provisions of their respective policies.\n18\n 49. Plaintiffs\u2019 and putative class members\u2019 claim for punitive damages may\n19\n violate the Fourteenth Amendment of the Constitution of the United States and the\n20\n21 Constitution of the State of Arizona.\n22 50. State Farm maintains that Plaintiffs\u2019 and putative class members\u2019 claims are\n23\n barred in whole or in part by the applicable statute of limitations.\n24\n 51. State Farm alleges that Plaintiffs\u2019 claims are barred because they have not\n25\n26 suffered any injury or damage as a result of the acts alleged in the First Amended Class\n\n 9\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 10 of 12\n\n\n\n\n1 Action Complaint when they have admitted to being fully paid by State Farm for the repairs\n2\n to the Property under the terms of the Policy.\n3\n 52. State Farm asserts affirmative defenses of waiver, release, accord and\n4\n5 satisfaction, estoppel, set-off, payment, mootness, ripeness and laches.\n\n6 53. State Farm asserts that Plaintiffs lack standing to assert the claims for relief\n7\n alleged in the First Amended Class Action Complaint on their own behalf or on behalf of\n8\n any putative class members.\n9\n10 54. State Farm reserves all rights under the policies issued to Plaintiffs and the\n\n11 putative class members. This includes the right to enforce all policy provisions, conditions,\n12 limitations and exclusions, and to demand arbitration pursuant to the terms of the policies.\n13\n 55. State Farm alleges that Plaintiffs\u2019 First Amended Class Action Complaint\n14\n15 arises out of contract entitling State Farm to an award of its costs and attorneys\u2019 fees herein\n\n16 incurred in accordance with the provisions of A.R.S. \u00a7\u00a7 12-341.01 and 12-349.\n17 56. State Farm demands a trial by jury.\n18\n WHEREFORE, State Farm respectfully requests judgment in its favor as follows:\n19\n A. That the First Amended Class Action Complaint be dismissed with prejudice\n20\n21 and that Plaintiffs and putative class members take nothing thereby;\n22 B. That State Farm be discharged and awarded its reasonable attorneys\u2019 fees\n23\n and costs incurred herein; and\n24\n C. That State Farm be awarded such other and further relief as the Court deems\n25\n26 just and proper.\n\n 10\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 11 of 12\n\n\n\n\n1 RESPECTFULLY SUBMITTED this 20th day of November, 2019.\n2 BROENING OBERG WOODS & WILSON, P.C.\n3\n By: /s/ Alicyn M. Freeman\n4 Robert T. Sullivan\n Alicyn M. Freeman\n5 Alice M. Jones\n 2800 North Central Avenue, Suite 1600\n6 Phoenix, Arizona 85004\n Attorneys for Defendant\n7\n State Farm Fire and Casualty Company\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\n 11\n\f Case 2:19-cv-04605-GMS Document 18 Filed 11/20/19 Page 12 of 12\n\n\n\n\n1 CERTIFICATE OF SERVICE\n2\n I hereby certify that on the 20th day of November, 2019, I caused the attached\n3\n document to be electronically transmitted to the Clerk\u2019s office using CM/ECF System for\n4\n filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants:\n5\n6 Michael N. Poli\n Lawrence R. Moon\n7 MERLIN LAW GROUP P.A.\n8 2999 North 44th Street, Suite 520\n Phoenix, AZ 85018\n9 mpoli@merlinlawgroup.com\n lmoon@merlinlawgroup.com\n10 Attorneys for Plaintiffs\n11\n12\n13 By /s/ Suzanne Beard\n\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\n 12\n\f","ocr_status":1,"date_upload":"2026-08-01T19:34:15.090397-07:00","document_number":"18","attachment_number":null,"pacer_doc_id":"025021374907","is_available":true,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"Answer to Complaint","acms_document_guid":""}],"date_created":"2019-11-20T14:53:17.074401-08:00","date_modified":"2025-12-30T23:49:08.779888-08:00","date_filed":"2019-11-20","time_filed":null,"entry_number":18,"recap_sequence_number":"2019-11-20.001","pacer_sequence_number":71,"description":"Defendant State Farm's Answer to First Amended Class Action Complaint ANSWER to Complaint with Jury Demand (Jury Demand stated within Answer) by State Farm Fire and Casualty Company.(Freeman, Alicyn) (Entered: 11/20/2019)","tags":[]},{"resource_uri":"https://www.courtlistener.com/api/rest/v4/docket-entries/109603017/","id":109603017,"docket":"https://www.courtlistener.com/api/rest/v4/dockets/15866563/","recap_documents":[{"resource_uri":"https://www.courtlistener.com/api/rest/v4/recap-documents/113925321/","id":113925321,"tags":[],"absolute_url":"/docket/15866563/6/phillips-v-state-farm-fire-and-casualty-company/","date_created":"2019-11-15T07:53:02.464275-08:00","date_modified":"2025-12-30T23:49:07.915761-08:00","sha1":"","page_count":null,"file_size":null,"filepath_local":null,"filepath_ia":"","ia_upload_failure_count":null,"thumbnail":null,"thumbnail_status":0,"plain_text":"","ocr_status":null,"date_upload":null,"document_number":"6","attachment_number":null,"pacer_doc_id":"","is_available":false,"is_free_on_pacer":null,"is_sealed":null,"document_type":1,"description":"","acms_document_guid":""}],"date_created":"2019-11-15T07:53:02.451979-08:00","date_modified":"2025-12-30T23:49:07.870461-08:00","date_filed":"2019-07-05","time_filed":null,"entry_number":6,"recap_sequence_number":"2019-07-05.002","pacer_sequence_number":null,"description":"NOTICE TO FILER OF DEFICIENCY re: 5 Demand for Jury Trial by Plaintiff filed by Jasmine Phillips, Anderson Phillips. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Michael N Poli but submitted using the log-in and password belonging to attorney Lawrence R Moon. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 07/08/2019)","tags":[]}],"entries_total":"https://www.courtlistener.com/api/rest/v4/docket-entries/?count=on&docket=15866563&page_size=40"}