Burk et al v. State Farm Fire and Casualty Insurance Company
Court Docket Sheet

2:2014-cv-02642 (azd)

Interested in this case?

Sign up to receive real-time updates
Last full docket sheet refresh: 659 days ago. Refresh now
#
Datesort arrow up
Description
1
12/05/2014
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2014-095133. Filing fee received: $400.00, receipt number 0970-11131017 filed by State Farm Fire and Casualty Insurance Company. (submitted by Craig Morgan)
1
Exhibit
2
Exhibit
3
Exhibit
4
Exhibit
5
Exhibit
6
Civil Cover Sheet
7
https://ecf.azd.uscourts.gov/doc1/025113717733" onClick="goDLS{{'/doc1/025113717733','896468','11','','2','1','',''}};">7</a> Supplemental Cover Sheet)
7 Attachments
2
12/05/2014
Corporate Disclosure Statement by State Farm Fire and Casualty Insurance Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Insurance Company. (submitted by Craig Morgan)
3
12/05/2014
DECLARATION of Craig A Morgan by Defendant State Farm Fire and Casualty Insurance Company. (submitted by Craig Morgan)
12/05/2014
*****State Court record received on 12/05/2014*****SERVICE EXECUTED filed by Betty Burk, Ray Burk, John Marquez: Affidavit of Service re: Summons, Class Action Complaint and Demand for Jury Trial, Exhibits A-B, and Certificate of Compulsory Arbitration upon State Farm Fire and Casualty Insurance Company on 11/05/2014.*****Affidavit of Service filed in State Court on 11/18/2014, docketed in U.S. District Court on 12/05/2014 for case management purposes.***** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
4
12/05/2014
Filing fee paid, receipt number 0970-11131017. This case has been assigned to the Honorable G. Murray Snow. All future pleadings or documents should bear the correct case number: CV-14-02642-PHX-GMS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached.
5
12/08/2014
Joint MOTION for Extension of Time Extension of Time to Respond to Plaintiffs' Complaint by State Farm Fire and Casualty Insurance Company.
1
Text of Proposed Order
1 Attachment
6
12/08/2014
ORDER that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of a motion to dismiss to determine whether it can be avoided. Signed by Judge G Murray Snow on 12/8/2014.
7
12/08/2014
ORDER granting 5 Stipulated Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendant shall have to and including January 30, 2015 in which to file an answer and/or responsive pleading. No further extensions shall be granted absent extenuating circumstances. Signed by Judge G Murray Snow on 12/8/2014.
8
01/16/2015
MOTION for Admission Pro Hac Vice as to attorney Joseph Anthony Cancila Jr. on behalf of State Farm Fire and Casualty Insurance Company.
01/16/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX154327 as to Joseph Anthony Cancila, Jr. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
9
01/16/2015
MOTION for Admission Pro Hac Vice as to attorney Sondra Ann Hemeryck on behalf of State Farm Fire and Casualty Insurance Company.
01/16/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX154328 as to Sondra Ann Hemeryck. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
10
01/16/2015
ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
11
01/30/2015
*MOTION for Summary Judgment by State Farm Fire and Casualty Insurance Company.
1
Exhibit Index to Exhibits
2
https://ecf.azd.uscourts.gov/doc1/025113925872" onClick="goDLS{{'/doc1/025113925872','896468','45','','2','1','',''}};">2</a> Exhibit A-C) *Modified to Motion for Summary Judgment on 4/28/2015
2 Attachments
12
02/17/2015
First MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Case Motion to Dismiss the Complaint and Supporting Memorandum of Points and Authorities by Ray Burk.
1
Text of Proposed Order
1 Attachment
13
02/17/2015
ORDER granting 12 Stipulated Motion for Extension of Time for Plaintiffs to file a Response to 11 Defendants' to Dismiss. Plaintiff shall have to and including February 27, 2015 in which to file a Response. No further extensions shall be granted absent extenuating circumstances. Signed by Judge G Murray Snow on 2/17/2015.
14
02/27/2015
RESPONSE to Motion re: 11 MOTION to Dismiss Case Motion to Dismiss the Complaint and Supporting Memorandum of Points and Authorities filed by Ray Burk.
1
Exhibit
1 Attachment
15
03/03/2015
MOTION for Extension of Time For Extension of Time to Reply in Support of Defendant's Motion to Dismiss by State Farm Fire and Casualty Insurance Company.
1
Text of Proposed Order
1 Attachment
16
03/03/2015
ORDER granting 15 Stipulated Motion for Extension of Time. Defendant shall have to and including March 16, 2015 to file a reply in support of its Motion to Dismiss. No further extensions shall be granted absent extraordinary circumstances. Signed by Judge G Murray Snow on 3/3/2015.
17
03/16/2015
REPLY to Response to Motion re: 11 MOTION to Dismiss Case Motion to Dismiss the Complaint and Supporting Memorandum of Points and Authorities filed by State Farm Fire and Casualty Insurance Company.
18
04/20/2015
NOTICE re: of Filing Supplemental Exhibits by Ray Burk re: 14 Response to Motion.
1
Exhibit
1 Attachment
19
04/24/2015
RESPONSE to Plaintiffs' Notice of Filing Supplemental Exhibits by Defendant State Farm Fire and Casualty Insurance Company.
20
04/28/2015
ORDER that Defendant's Motion to Dismiss, (Doc. 11), is converted to a Motion for Summary Judgment. The Clerk is directed to convert the Motion accordingly. FURTHER ORDERED that Defendant will file supplemental briefing and a Separate Statement of Facts and supporting evidence within 14 days of the date of this Order. FURTHER ORDERED that Plaintiff will file a supplemental response and Controverting Statement of Facts and supporting evidence within 14 days of Defendant's supplemental briefing. IT IS FURTHER ORDERED that Defendant will file a reply within 7 days of Plaintiff's supplemental response. Signed by Judge G Murray Snow on 4/28/2015.
21
05/12/2015
MOTION for Summary Judgment and Memorandum of Law In Support by State Farm Fire and Casualty Insurance Company.
22
05/12/2015
STATEMENT of Facts in Support of Its Summary Judgment Motion re: 21 MOTION for Summary Judgment and Memorandum of Law In Support by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
4
Exhibit D
5
Exhibit E
5 Attachments
23
05/26/2015
*RESPONSE to Motion re: 21 MOTION for Summary Judgment Memorandum of Law In Support and MOTION (Cross-Motion) for Summary Judgment filed by Ray Burk. *Modified to include Motion on 5/27/2015
24
05/26/2015
STATEMENT of Facts re: 23 Response to Motion for Summary Judgment and Cross Motion by Plaintiff Ray Burk.
25
06/02/2015
*RESPONSE re 24 to Plaintiff's Statement of Facts by Defendant State Farm Fire and Casualty Insurance Company. *Modified to include document relationship on 6/3/2015
26
06/02/2015
REPLY to Response to Motion re: 21 MOTION for Summary Judgment and Memorandum of Law In Support filed by State Farm Fire and Casualty Insurance Company.
27
07/31/2015
NOTICE of Attorney Substitution by Craig Alan Morgan.
28
08/11/2015
ORDER that Defendant State Farm Fire and Casualty Insurance Company's Motion for Summary Judgment (Docs. 11, 21) is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Summary Judgment (Doc. 23) is DENIED. Signed by Judge G Murray Snow on 8/11/2015.
29
08/11/2015
ORDER - Scheduling Conference is set for 9/18/2015 at 2:30 PM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 8/11/2015.
30
08/18/2015
MOTION for Admission Pro Hac Vice as to attorney Cory S. Fein by Betty Burk, Ray Burk, John Marquez.
08/21/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX162038 as to Cory S Fein. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
31
08/21/2015
ORDER pursuant to General Order 09-08 granting 30 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
32
08/25/2015
Defendant's ANSWER to Complaint and Additional Defenses to Plaintiff's Complaint by State Farm Fire and Casualty Insurance Company.
33
09/02/2015
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Betty Burk, Ray Burk, John Marquez.
1
Exhibit A - Redline of First Amended Complaint
1 Attachment
34
09/02/2015
AMENDED COMPLAINT against All Defendants filed by John Marquez, Betty Burk, Ray Burk.
1
Exhibit A - Burk Estimate
2
Exhibit B - Marquez Estimate
2 Attachments
35
09/09/2015
REPORT of Rule 26(f) Planning Meeting by Betty Burk, Ray Burk, John Marquez.
1
Text of Proposed Order
1 Attachment
36
09/11/2015
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
37
09/11/2015
NOTICE of Service of Discovery filed by Betty Burk, Ray Burk, John Marquez.
38
09/15/2015
IT IS ORDERED that the Scheduling Conference, presently set for 9/18/15 at 2:30 PM before Judge Snow is VACATED. A Case Management Order will follow. Ordered by Judge G. Murray Snow. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
39
09/16/2015
Additional Defenses and ANSWER to 34 Amended Complaint by State Farm Fire and Casualty Insurance Company.
40
09/16/2015
CASE MANAGEMENT ORDER RE CLASS CERTIFICATION: Discovery due by 2/19/2016. Dispositive motions due by 3/18/2016. Motion for Class Certification due by 7/15/2016; Response due by 8/12/2016; Reply due by 9/16/2016. See Order for details. Signed by Judge G Murray Snow on 9/16/2015.
41
09/22/2015
MOTION for Protective Order Stipulation for Entry of Protective Order by State Farm Fire and Casualty Insurance Company.
1
Text of Proposed Order
1 Attachment
42
09/23/2015
STIPULATED PROTECTIVE ORDER pursuant to Stipulation for Entry of Protective Order (Doc. 41). Signed by Judge G Murray Snow on 9/23/2015. (See Order for complete details.)
43
09/29/2015
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
44
09/29/2015
NOTICE of Service of Discovery filed by Betty Burk, Ray Burk, John Marquez.
45
11/03/2015
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
46
11/05/2015
NOTICE of Service of Discovery filed by Betty Burk, Ray Burk, John Marquez.
47
12/13/2015
Joint MOTION to Continue Class Certification Discovery Deadlines by Betty Burk, Ray Burk, John Marquez.
1
Text of Proposed Order
1 Attachment
48
12/16/2015
IT IS ORDERED denying 47 the Joint Unopposed Motion to Extend Certain Deadlines in Scheduling Order for failure to establish good cause and diligence by the parties as is required by Johnson v. Mammoth Recreations, Inc. 975 F.2d 604, 607-08 (9th Cir. 1992). Ordered by Judge G. Murray Snow.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
49
12/17/2015
AMENDED Joint MOTION to Continue Class Certification Discovery Deadlines by Betty Burk, Ray Burk, John Marquez.
1
Text of Proposed Order
1 Attachment
50
12/22/2015
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
51
12/22/2015
ORDER granting 49 Joint Amended Motion to Extend. Dispositive motions due by 4/18/2016. See Order for details. Signed by Judge G Murray Snow on 12/21/2015.
52
01/15/2016
NOTICE re: Service of Subpoena by State Farm Fire and Casualty Insurance Company.
53
01/21/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
54
01/21/2016
NOTICE of Deposition of Ray Burk, filed by State Farm Fire and Casualty Insurance Company.
55
01/21/2016
NOTICE of Deposition of Betty Burk, filed by State Farm Fire and Casualty Insurance Company.
56
01/21/2016
NOTICE of Deposition of Maria Garcia, filed by State Farm Fire and Casualty Insurance Company.
57
01/21/2016
NOTICE of Deposition of John Marquez, filed by State Farm Fire and Casualty Insurance Company.
58
01/21/2016
NOTICE of Service of Discovery filed by Betty Burk, Ray Burk, John Marquez.
59
01/25/2016
MOTION for Admission Pro Hac Vice as to attorney Gary M Klinger on behalf of State Farm Fire and Casualty Insurance Company.
01/26/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX167684 as to Gary M Klinger. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
60
01/26/2016
ORDER pursuant to General Order 09-08 granting 59 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
61
02/16/2016
*MOTION to Amend/Correct File Second Amended Complaint re: 34 Amended Complaint by Betty Burk, Ray Burk.
1
Exhibit A - proposed Second Amended Complaint
2
Affidavit Declaration of Cory S. Fein in Support of Motion
3
https://ecf.azd.uscourts.gov/doc1/025115489206" onClick="goDLS{{'/doc1/025115489206','896468','178','','2','1','',''}};">3</a> Text of Proposed Order) *Modified to add document linkage on 2/17/2016
3 Attachments
62
02/18/2016
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Joseph Anthony Cancila, Jr.
63
02/18/2016
***STRICKEN per (Doc. 64)--MOTION to Compel Response to Requests for Production 14 and 24, and Interrogatory 5 by Betty Burk, Ray Burk.
1
Exhibit A - Discovery Requests at Issue
2
https://ecf.azd.uscourts.gov/doc1/025115502969" onClick="goDLS{{'/doc1/025115502969','896468','183','','2','1','',''}};">2</a> Text of Proposed Order) Modified on 2/19/2016
2 Attachments
64
02/19/2016
IT IS HEREBY ORDERED striking 63 Plaintiffs' Motion to Compel for failure to comply with the Case Management Order (Doc. 40). Ordered by Judge G. Murray Snow. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
65
02/19/2016
NOTICE of Deposition of State Farm Fire and Casualty Co., filed by Betty Burk, Ray Burk.
66
02/19/2016
MOTION for Admission Pro Hac Vice as to attorney Joseph S Berger on behalf of Betty Burk, Ray Burk and John Marquez.
02/19/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX168671 as to Joseph S Berger. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
67
02/19/2016
ORDER pursuant to General Order 09-08 granting 66 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
68
02/23/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
69
02/23/2016
ORDER. The Court held a telephonic conference with the parties this afternoon regarding certain items of disputed discovery. After consultation with the parties it is ordered that with respect to RFP # 14 and Interrogatory # 5, the Defendant shall do its best to respond to those requests as they are limited to the underwriting policy identified applicable to the states of Kansas and Oklahoma since 1999. Plaintiff withdraws RFP #24. Signed by Judge G Murray Snow on February 23, 2016. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
70
03/04/2016
RESPONSE in Opposition re: 61 MOTION to Amend/Correct File Second Amended Complaint filed by State Farm Fire and Casualty Insurance Company.
1
Exhibit A
2
Exhibit B
3
Exhibit C
3 Attachments
71
03/04/2016
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Sondra Ann Hemeryck.
72
03/04/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
73
03/07/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
74
03/08/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
75
03/08/2016
NOTICE of Errata with Respect to Document 74 by Defendant State Farm Fire and Casualty Insurance Company.
76
03/09/2016
NOTICE of Errata re: 73 Notice of Service of Discovery Re: Defendant's Responses and Objections to Plaintiffs' Notice of Rule 30(B)(6) Deposition for Class Certification by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Exhibit 1
1 Attachment
77
03/10/2016
NOTICE of Deposition of State Farm Fire and Casualty Co., filed by Betty Burk, Ray Burk.
78
03/11/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
79
03/11/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
80
03/11/2016
REPLY to Response to Motion re: 61 MOTION to Amend/Correct File Second Amended Complaint filed by Betty Burk, Ray Burk.
81
03/16/2016
ORDER granting 61 Motion for Leave to File Second Amended Complaint. Signed by Judge G Murray Snow on 3/16/16.
82
03/17/2016
AMENDED COMPLAINT against All Defendants filed by Betty Burk, Ray Burk.
83
03/29/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
84
03/31/2016
ANSWER to 82 Amended Complaint with Jury Demand by State Farm Fire and Casualty Insurance Company.
85
03/31/2016
NOTICE of Errata re: 84 Answer to Amended Complaint by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Exhibit 1
1 Attachment
86
04/18/2016
MOTION for Summary Judgment and Supporting Memorandum of Points and Authorities by State Farm Fire and Casualty Insurance Company.
87
04/18/2016
STATEMENT OF FACTS re: 86 MOTION for Summary Judgment and Supporting Memorandum of Points and Authorities by Defendant State Farm Fire and Casualty Insurance Company.
88
04/18/2016
Additional Attachments to Main Document re: 87 Statement of Facts in Support of Motion for Summary Judgment by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit A - Apartment Policy Special Form 3
2
Exhibit B - Plaintiffs Responses to Requests for Admission
3
Exhibit C - Declaration of Debbie Smith
3 Attachments
89
04/18/2016
Additional Attachments to Main Document re: 87 Statement of Facts in Support of Motion for Summary Judgment by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Declaration of Stephen Klinger and D-1 Part 1 of Expert Report of Stephen Klinger
1 Attachment
90
04/18/2016
Additional Attachments to Main Document re: 87 Statement of Facts in Support of Motion for Summary Judgment - Exhibit D-1 Part 2 by Defendant State Farm Fire and Casualty Insurance Company.
91
04/18/2016
Additional Attachments to Main Document re: 87 Statement of Facts in Support of Motion for Summary Judgment - Exhibit D-1 Part 3 by Defendant State Farm Fire and Casualty Insurance Company.
92
04/18/2016
Additional Attachments to Main Document re: 87 Statement of Facts in Support of Motion for Summary Judgment by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit E-Deposition transcript of Ray Burk and Ex. F - Deposition transcript of Deborah Smith
2
Exhibit Declaration of Stephen Klinger II
3
Exhibit H - Deposition transcript of Betty Burk
4
Exhibit I Declaration of Gary M. Klinger and Printout from Arizona Corporation Commission Website re: Hillcrest Apartments, LLC
4 Attachments
93
04/18/2016
*Motion to Exclude the Opinion of Michael Peterson and Supporting Memorandum of Points and Authorities by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Ex. 1
2
https://ecf.azd.uscourts.gov/doc1/025115753461" onClick="goDLS{{'/doc1/025115753461','896468','259','','2','1','',''}};">2</a> Exhibit Ex. 2) *Modified to correct event type on 4/19/2016
2 Attachments
94
04/18/2016
*Motion to Exclude the Opinion of Stephen L. Strzelec and Supporting Memorandum of Points and Authorities by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Ex. 1
2
https://ecf.azd.uscourts.gov/doc1/025115753466" onClick="goDLS{{'/doc1/025115753466','896468','261','','2','1','',''}};">2</a> Exhibit Ex. 2) *Modified to correct event type on 4/19/2016
2 Attachments
95
04/18/2016
MOTION for Leave to File Non-Electronic Exhibit in Support of Motion for Summary Judgment by State Farm Fire and Casualty Insurance Company.
96
04/28/2016
* Consent MOTION for Extension of Time to File Responses to Motions to Exclude, Summary Judgment Motion, and Statement of Facts by Betty Burk, Ray Burk.
1
Affidavit Declaration of Cory Fein in Support
2
https://ecf.azd.uscourts.gov/doc1/025115796532" onClick="goDLS{{'/doc1/025115796532','896468','265','','2','1','',''}};">2</a> Text of Proposed Order) * Modified to correct event; attorney noticed on 4/28/2016
2 Attachments
97
04/29/2016
ORDER granting 96 Motion to Extend Certain Deadlines as follows: 1. Plaintiffs shall respond to Defendant's Motion for Summary Judgment/Statement of Facts (Docs. 86, 87) and Motions to Exclude Plaintiffs' Experts (Docs. 93, 94) on or before 6/2/2016. 2. Defendant shall file any replies on or before 6/30/2016. Signed by Judge G Murray Snow on 4/29/2016.
98
05/16/2016
NOTICE of Service of Discovery filed by State Farm Fire and Casualty Insurance Company.
99
05/30/2016
RESPONSE to Motion re: 94 MOTION, 93 MOTION filed by Betty Burk, Ray Burk.
100
05/30/2016
STATEMENT OF FACTS in Opposition to Summary Judgment Motion by Plaintiffs Betty Burk, Ray Burk.
1
Affidavit Declaration of Cory Fein in Support
2
Exhibit A - Texas Dept of Insurance Bulletin
3
Exhibit B - Owens Corning 10K excerpt
4
Exhibit C - Owens Corning Warranty
5
Exhibit D - State Farm Discovery Response
6
Exhibit E - Burk Deposition Excerpt
7
Exhibit F - Arizona Wind Claims
8
Exhibit G - Malarkey Shingles excerpt
9
Exhibit H - Tamko Shingles excerpt
10
Exhibit I - CNN story about Haag and Watkins case
11
Exhibit J - Smith Deposition Excerpts
11 Attachments
101
05/30/2016
RESPONSE to Motion re: 86 MOTION for Summary Judgment and Supporting Memorandum of Points and Authorities filed by Betty Burk, Ray Burk.
102
06/30/2016
REPLY to Response to Motion re: 86 MOTION for Summary Judgment and Supporting Memorandum of Points and Authorities filed by State Farm Fire and Casualty Insurance Company.
1
Exhibit Exhibit 1 to Motion
1 Attachment
103
06/30/2016
REPLY to Response to Motion re: 93 MOTION filed by State Farm Fire and Casualty Insurance Company.
104
06/30/2016
REPLY to Response to Motion re: 94 MOTION filed by State Farm Fire and Casualty Insurance Company.
105
06/30/2016
NOTICE of Errata re: 102 Reply to Response to Motion, 104 Reply to Response to Motion, 103 Reply to Response to Motion by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Exhibit 1
1 Attachment
106
07/01/2016
NOTICE of Errata re: 102 Reply to Response to Motion by Defendant State Farm Fire and Casualty Insurance Company.
1
Exhibit Exhibit 1 to Errata
1 Attachment
107
07/08/2016
MINUTE ORDER: This case is reassigned to Senior Judge Stephen M McNamee. All future filings shall reflect the following case number: CV14-2462-PHX-SMM. All existing deadlines are affirmed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
108
07/13/2016
NOTICE of Confidential Doc. Designation Lodging pursuant to LRCiv.5.6.d.
109
07/13/2016
SEALED LODGED Proposed Exhibit A - Spreadsheet. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Betty Burk, Ray Burk.
110
07/13/2016
SEALED LODGED Proposed Vinciguerra Deposition Transcript. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Betty Burk, Ray Burk.
111
07/13/2016
SEALED LODGED Proposed Guevara Deposition Transcript. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Betty Burk, Ray Burk.
112
07/15/2016
MOTION to Certify Class by Betty Burk, Ray Burk.
1
Exhibit A - Spreadsheet Lodged Under Seal at Docket No. 109
2
Exhibit B - Vinciguerra Deposition Transcript, Lodged Under Seal at Docket No. 110
3
Exhibit C - Guevara Deposition Transcript Lodged Under Seal at Docket No. 111
4
Exhibit D - Excerpt from Smith Deposition Transcript
5
Exhibit E - Fein Declaration
6
Text of Proposed Order
6 Attachments
113
08/01/2016
MOTION to Seal Document by State Farm Fire and Casualty Insurance Company.
1
Exhibit A
2
Exhibit B
3
Text of Proposed Order Proposed Order
3 Attachments
114
08/01/2016
RESPONSE in Opposition re: 113 MOTION to Seal Document filed by Betty Burk, Ray Burk.
115
08/08/2016
Joint MOTION for Extension of Time to Extend Deadlines for Response and Reply Briefs on Plaintiffs' Motion for Class Certification and to Allow Filing of Overlength Briefs by State Farm Fire and Casualty Insurance Company.
1
Text of Proposed Order Proposed Order
1 Attachment
116
08/10/2016
ORDER granting in part and denying in part 115 Joint Motion to Extend Deadlines for Response and Reply Briefs on Plaintiffs' Motion for Class Certification and to Allow Filing of Overlength Briefs. The Court will grant the parties an extension of time to file their response and reply memoranda. Defendant's response is now due 8/26/2016. Plaintiff's reply is now due 9/23/2016. However, the parties may not file their memoranda in excess of the page limitations. Signed by Senior Judge Stephen M McNamee on 8/10/2016.
117
08/26/2016
RESPONSE in Opposition re: 112 MOTION to Certify Class filed by State Farm Fire and Casualty Insurance Company.
1
Exhibit Exhibit A (Policy Record Burk)
2
Exhibit Exhibit B (Table f Policy Provisions Table)
3
Exhibit Exhibit C (Policy of Marquez & Garcia)
4
Exhibit Exhibit D (Decl of Smith)
5
Exhibit Exhibit D-1
6
Exhibit Exhibit E (O'Connor Signed Declaration)
7
Exhibit Exhibit E-1 (Michael O'Connor Expert Report & Appendices)
8
Exhibit Exhibit F (S. Klingler Declaration)
9
Exhibit Exhibit G (S. Klingler Declaration 4.15.16)
10
Exhibit Exhibit G-1 (Klingler Report Part 1 of 4)
11
Exhibit Exhibit G-1 (Klingler Report Part 2 of 4)
12
Exhibit Exhibit G-1 (Klingler Report Part 3 of 4)
13
Exhibit Exhibit G-1 (Klingler Report Part 4 of 4)
14
Exhibit Exhibit H (Ray Burk Depo Trans)
15
Exhibit Exhibit I (19 Burk Response to RFA)
16
Exhibit Exhibit J (Burk Signed Debbie Smith Declaration)
17
Exhibit Exhibit J-1 (Marquez)
18
Exhibit Exhibit J-2 (Burk)
19
Exhibit Exhibit J-3 (Burk)
20
Exhibit Exhibit J-4 (Burk)
21
Exhibit Exhibit K (Declaration of Debra Billings (002))
22
Exhibit Exhibit L (Donald Vinciguerra Depo Trans)
23
Exhibit Exhibit M (Guevara Depo Trans)
24
Exhibit Exhibit N (Deborah Smith Depo Trans)
25
Exhibit Exhibit O (Table of Individual Issues)
26
Exhibit Exhibit P (Klinger Decl)
27
Exhibit Exhibit P-1
28
Exhibit Exhibit P-2
29
Exhibit Exhibit P-3
30
Exhibit Exhibit P-4
30 Attachments
118
08/31/2016
NOTICE re: Joint Report on Settlement Talks by Betty Burk, Ray Burk.
119
09/22/2016
REPLY to Response to Motion re: 112 MOTION to Certify Class filed by Betty Burk, Ray Burk.
120
09/28/2016
MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Class Certification by State Farm Fire and Casualty Insurance Company.
121
09/29/2016
RESPONSE in Opposition re: 120 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Class Certification filed by Betty Burk, Ray Burk.
122
09/29/2016
NOTICE re: of Lodging Order on Motion for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Class Certificaton by State Farm Fire and Casualty Insurance Company.
1
Text of Proposed Order Proposed Order on Motion for Leave to File
1 Attachment
Would you like this case removed from DocketBird? Request removal.