Jimenez v. Progressive Casualty Insurance Company et al
Court Docket Sheet

District of Arizona

2:2015-cv-01187 (azd)

NOTICE of Service of Discovery filed by Glenzona Insurance, Mo Stanley.

Case 2:15-cv-01187-ROS Document 128 Filed 10/20/17 Page 1 of 2 1 SEAN P. HEALY, SB# 018393 E-Mail: Sean.Healy@lewisbrisbois.com LINDSEY M. GOMEZ-GRAY, SB#027416 2 E-Mail: Lindsey.Gomez-Gray@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 3 Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 4 Phoenix, Arizona 85012-2761 Telephone: 602.385.1040 5 Facsimile: 602.385.1051 Firm email: azdocketing@lewisbrisbois.com 6 Attorneys for Defendant Glenzona Insurance and Mo Stanley 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 SEBERAINO JIMENEZ, a single man, 2:15-cv-01187-PHX-ROS 11 Plaintiff, NOTICE OF DEFENDANTS 12 vs. GLENZONA INSURANCE’S AND MO 13 STANLEY’S EXPERT DISCLOSURE PROGRESSIVE CASUALTY 14 INSURANCE COMPANY, a foreign corporation; et. al., (Before the Honorable Roslyn O. Silver) 15 Defendants. 16 17 18 NOTICE IS HEREBY GIVEN that Defendants Glenzona Insurance and Mo 19 Stanley, by and through undersigned counsel, on October 20, 2017, served their Expert 20 Disclosure Statement pursuant to Rule 26(a)(2), Federal Rules of Civil Procedure. Service 21 was made by U.S. mail on counsel of record for this matter. 22 DATED this 20th day of October, 2017. 23 LEWIS BRISBOIS BISGAARD & SMITH LLP 24 By/s/Lindsey Gomez-Gray 25 Sean P. Healy Lindsey Gomez-Gray 26 Attorneys for Defendant Glenzona Insurance and Mo Stanley 27 28 4845-9737-8635.1 Case 2:15-cv-01187-ROS Document 128 Filed 10/20/17 Page 2 of 2 LEWIS BRISBOIS BISGAARD & SMITH LLP 1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 20th day of October, 2017, I electronically transmitted 3 the foregoing document to the Clerk’s Office using the CM/ECF System for filing and 4 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 5 John T. Aragon, Esq. Ryan Skiver, Esq. The Aragon Law Office The Skiver Law Firm 6 P.O. Box 8654 3200 N. Hayden Rd., Ste. 220 Surprise, AZ 85374 Scottsdale, AZ 85251 7 Phone: 623-214-1527 Phone: 480-626-1667 8 Fax: 623-214-1578 Fax: 480-482-7285 johnavocat@gmail.com rskiver@skiverlawfirm.com; 9 johnavocat@yahoo.com Attorney for Plaintiff Attorney for Plaintiff 10 Steven J. Hulsman, Esq. J. Matthew Donohue, Esq. 11 Jared Lynn Sutton, Esq. Shannon Armstrong Lewis Roca Rothgerber LLP Holland & Knight LLP 12 201 E. Washington St., Suite 1200 2300 U.S. Bancorp Tower Phoenix, AZ 85004-2595 111 S.W. Fifth Avenue 13 Phone: 602-262-5313 Portland, OR 97204 14 Fax: 602-734-3769 Main: 503.243.2300 SHulsman@LRRLaw.com Matt.Donohue@hklaw.com 15 JSutton@lrrlaw.com Shannon.Armstrong@hklaw.com Attorneys for Defendants Progressive Attorneys for Defendants Progressive 16 17/s/Mariana Lara 18 200.11839 19 20 21 22 23 24 25 26 27 28 4845-9737-8635.1 2

NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.

Case 2:15-cv-01187-ROS Document 129 Filed 10/20/17 Page 1 of 3 1 Steven J. Hulsman (State Bar No. 010929) shulsman@lrrc.com 2 Jared L. Sutton (State Bar No. 028887) jsutton@lrrc.com 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 210 East Washington Street, Suite 1200 4 Phoenix, AZ 85004-2595 5 J. Matthew Donohue, OSB No. 065742 (pro hac vice) matt.donohue@hklaw.com 6 Shannon Armstrong, OSB No. 060113 (pro hac vice) shannon.armstrong@hklaw.com 7 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 8 111 SW Fifth Avenue Portland, OR 97204 9 Telephone: 503.243.2300 Fax: 503.241.8014 10 Attorneys for Defendant Progressive Preferred 11 Insurance Company 12 13 IN THE UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 SEBERAINO JIMENEZ, Case No. 2:15-cv-01187-PHX-ROS 16 Plaintiff, DEFENDANT PROGRESSIVE 17 PREFERRED INSURANCE v. COMPANY’S NOTICE OF SERVICE 18 OF EXPERT DISCLOSURE PROGRESSIVE CASUALTY INSURANCE 19 COMPANY, et al., 20 Defendants. 21 22 Pursuant to Local Rule 5.2, defendant Progressive Preferred Insurance Company 23 provides notice to the Court that it served its expert disclosure on all parties on October 20, 24 2017. 25 26 Page 1 – DEFENDANT PROGRESSIVE PREFERRED HOLLAND & KNIGHT LLP INSURANCE COMPANY’S NOTICE OF SERVICE OF 2300 US Bancorp Tower 111 SW Fifth Avenue EXPERT DISCLOSURE Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 129 Filed 10/20/17 Page 2 of 3 1 Dated: October 20, 2017 2 LEWIS ROCA ROTHGERBER CHRISTIE LLP 3 Steven J. Hulsman Jared L. Sutton 4-AND-5 HOLLAND & KNIGHT LLP 6 7 By: s/Shannon Armstrong J. Matthew Donohue, OSB No. 065742 (pro hac vice) 8 matt.donohue@hklaw.com Shannon Armstrong, OSB No. 060113 (pro hac vice) 9 shannon.armstrong@hklaw.com 2300 US Bancorp Tower 10 111 SW Fifth Avenue Portland, OR 97204 11 Telephone: 503.243.2300 Fax: 503.241.8014 12 Attorneys for Progressive Preferred Insurance Company 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 2 – DEFENDANT PROGRESSIVE PREFERRED HOLLAND & KNIGHT LLP INSURANCE COMPANY’S NOTICE OF SERVICE OF 2300 US Bancorp Tower 111 SW Fifth Avenue EXPERT DISCLOSURE Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 129 Filed 10/20/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that I caused the foregoing DEFENDANT PROGRESSIVE PREFERRED INSURANCE COMPANY’S NOTICE OF SERVICE OF EXPERT DISCLOSURE 3 to be served on the following person[s]: 4 John T. Aragon Ryan Skiver The Aragon Law Office Stephen Skiver 5 P.O. Box 8654 The Skiver Law Firm Surprise, AZ 85374 3200 N. Hayden Road, Suite 220 6 johnavocat@gmail.com Scottsdale, AZ 85251 johnavocat@yahoo.com rskiver@skiverlawfirm.com 7 sskiver@skiverlawfirm.com Attorney for Plaintiffs 8 Attorney for Plaintiffs Sean P. Healy 9 Lindsey M. Gomez-Gray Lewis Brisbois Bisgarrd & Smith, LLP 10 Phoenix Tower Plaza 2929 N. Central Avenue, Suite 1700 11 Phoenix, AZ 85012 Sean.Healy@lewisbrisbois.com 12 Lindsey.Gomez-Gray@lewisbrisbois.com 13 Attorneys for Defendants Glenzona 14 Insurance and Mo Stanley 15 by causing the document to be delivered by the following indicated method or methods: 16  by CM/ECF electronically mailed notice from the Court on the date set forth below. 17 DATED: October 20, 2017. 18 s/Shannon Armstrong 19 Shannon Armstrong 20 21 22 23 24 25 26 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 111 SW Fifth Avenue PAGE 1 – CERTIFICATE OF SERVICE Portland, OR 97204 Telephone: 503.243.2300 #54056907_v1

NOTICE of Service of Discovery filed by Seberaino Jimenez.

Case 2:15-cv-01187-ROS Document 130 Filed 10/23/17 Page 1 of 5 1 THE ARAGON LAW OFFICE 2 John T. Aragon, Esq. P.O. Box 8654 3 Surprise, AZ 85374 4 623/214-1527; fax 623/214-1578 Arizona Bar No.: 020348 5 johnavocat@gmail.com 6 Attorney for Plaintiffs 7 THE SKIVER LAW FIRM 8 Ryan Skiver, Esq. 3200 N. Hayden Rd., Suite 220 9 Scottsdale, AZ 85251 10 480/626-1667; Arizona Bar No.: 024552 11 Attorney for Plaintiffs 12 UNITED STATES DISTRICT COURT 13 14 DISTRICT OF ARIZONA 15 SEBERAINO JIMENEZ, a single man Case No.: 2:15-cv-01187-PHX-ROS 16 Plaintiff, 17 PLAINTIFF SEBERAINO JIMENEZ' vs. EXPERT DISCLOSURE 18 SUPPLEMENT PROGRESSIVE INSURANCE 19 COMPANY, et al. (Honorable Roslyn O. Silver) 20 Defendants. 21 22 23 Pursuant to Fed. R. Civ. P. 26(a)(2)(B) and the Court's Scheduling Order (Dkt. 120), 24 Plaintiff Seberaino Jimenez discloses a supplement for the following expert who may be 25 26 called to testify in this matter: 4844-2069-1520.1 1 Case 2:15-cv-01187-ROS Document 130 Filed 10/23/17 Page 2 of 5 1///2 I. Name and Contact Information. 3 Frederick C. Berry, Jr. 4 1951 W. Camelback Rd. 5 Suite 200 Phoenix, AZ 85015 6 602-274-5700 7 II. Opinions the witness will express and the basis and reasoning for them. 8 9 Mr. Berry's Supplement to his initial Affidavit and Expert Report is attached as Exhibit 1 and his opinions are set forth therein. 10 11 III. Facts and data upon which opinions are based. 12 Mr. Berry's supplements to his initial Affidavit are based on review of deposition 13 transcripts of wintesses Keith Benefiel, Jr., Sarah Baldwin, Deja Rivera, Katherine Tate, Defendant Maurice Stanley, Three Rivers Provider Network agreement 14 (TRPN0000002), and Letter to John Charochak from Coventry enclosing 1997 15 Affordable Health Care Concepts (AZSC0000001-12). These exhibits are in the possession of all parties in this case. 16 IV. Exhibits to be used by witness. 17 18 See III. 19 V. Qualifications, including publications in the last 10 years. 20 See Plaintiff's Initial Disclosure of Expert Frederick Berry, Jr. 21 22 VI. Cases in which expert has testified at trial or by deposition as an expert in the last four years. 23 24 See Plaintiff's Initial Disclosure of Expert Frederick Berry, Jr. 25 VII. Compensation. 26 See Plaintiff's Initial Disclosure of Expert Frederick Berry, Jr. 4844-2069-1520.1 2 Case 2:15-cv-01187-ROS Document 130 Filed 10/23/17 Page 3 of 5 1 2 3 DATED: October 23, 2017 4 5 THE ARAGON LAW OFFICE, L.L.C. 6 7 By s/John T. Aragon_____________________ 8 John T. Aragon, Esq. 9 Attorney for Plaintiff Original of the foregoing efiled 10 this 23rd day of October, 2017, with 11 United Stated District Court 12 District of Arizona 13 Phoenix Division Sandra Day O’Connor Courthouse 14 401 W. Washington St. 15 Phoenix, AZ 85003 16 Copy of the foregoing emailed through 17 CM/ECF, and supplement mailed on 23rd day of October, 2017, to: 18 19 Lindsey Gomez-Gray Lewis Brisbois Bisgaard & Smith, LLP 20 Phoenix Tower Plaza 21 2929 N. Central Ave. Suite 1700 22 Phoenix, AZ 85012 23 Attorney for Defendants Glenzona and Stanley 24 25 26 4844-2069-1520.1 3 Case 2:15-cv-01187-ROS Document 130 Filed 10/23/17 Page 4 of 5 1 2 Shannon Armstrong 3 J. Matthew Donohue 4 Holland and Knight LLP 2300 US Bancorp Tower 5 111 SW 5th Ave. 6 Portland, OR 91204 Attorneys for Defendants Progressive 7 8 9 ____/s/John T. Aragon________________________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4844-2069-1520.1 4 Case 2:15-cv-01187-ROS Document 130 Filed 10/23/17 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on October 23, 2017, I electronically transmitted the foregoing documents 3 to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Filing to all 4 5 CM/ECF registrants: 6 7/s/John T. Aragon 8 The Aragon Law Office, PLLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4844-2069-1520.1 5

NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.

Case 2:15-cv-01187-ROS Document 131 Filed 11/02/17 Page 1 of 3 1 Steven J. Hulsman (State Bar No. 010929) shulsman@lrrc.com 2 Jared L. Sutton (State Bar No. 028887) jsutton@lrrc.com 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 210 East Washington Street, Suite 1200 4 Phoenix, AZ 85004-2595 5 J. Matthew Donohue, OSB No. 065742 (pro hac vice) matt.donohue@hklaw.com 6 Shannon Armstrong, OSB No. 060113 (pro hac vice) shannon.armstrong@hklaw.com 7 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 8 111 SW Fifth Avenue Portland, OR 97204 9 Telephone: 503.243.2300 Fax: 503.241.8014 10 Attorneys for Defendant Progressive Preferred 11 Insurance Company 12 13 IN THE UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 SEBERAINO JIMENEZ, Case No. 2:15-cv-01187-PHX-ROS 16 Plaintiff, DEFENDANT PROGRESSIVE 17 PREFERRED INSURANCE v. COMPANY’S NOTICE OF SERVICE 18 OF NOTICE OF DEPOSITION OF PROGRESSIVE CASUALTY INSURANCE FREDERICK C. BERRY, JR. CPCU, 19 COMPANY, et al., CLU 20 Defendants. 21 22 Pursuant to Local Rule 5.2, defendant Progressive Preferred Insurance Company 23 provides notice to the Court that it served its Notice of Deposition of Frederick C. Berry, Jr. 24 CPCU, CLU on all parties on November 2, 2017. 25 26 Page 1 – DEFENDANT PROGRESSIVE PREFERRED HOLLAND & KNIGHT LLP 2300 US Bancorp Tower INSURANCE COMPANY’S NOTICE OF SERVICE OF 111 SW Fifth Avenue NOTICE OF DEPOSITION OF FREDERICK C. BERRY, JR. Portland, OR 97204 Telephone: 503.243.2300 CPCU, CLU Case 2:15-cv-01187-ROS Document 131 Filed 11/02/17 Page 2 of 3 1 Dated: November 2, 2017 2 LEWIS ROCA ROTHGERBER CHRISTIE LLP 3 Steven J. Hulsman Jared L. Sutton 4-AND-5 HOLLAND & KNIGHT LLP 6 7 By: s/J. Matthew Donohue J. Matthew Donohue, OSB No. 065742 (pro hac vice) 8 matt.donohue@hklaw.com Shannon Armstrong, OSB No. 060113 (pro hac vice) 9 shannon.armstrong@hklaw.com 2300 US Bancorp Tower 10 111 SW Fifth Avenue Portland, OR 97204 11 Telephone: 503.243.2300 Fax: 503.241.8014 12 Attorneys for Progressive Preferred Insurance Company 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 2 – DEFENDANT PROGRESSIVE PREFERRED HOLLAND & KNIGHT LLP 2300 US Bancorp Tower INSURANCE COMPANY’S NOTICE OF SERVICE OF 111 SW Fifth Avenue NOTICE OF DEPOSITION OF FREDERICK C. BERRY, JR. Portland, OR 97204 Telephone: 503.243.2300 CPCU, CLU Case 2:15-cv-01187-ROS Document 131 Filed 11/02/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that I caused the foregoing DEFENDANT PROGRESSIVE PREFERRED INSURANCE COMPANY’S NOTICE OF SERVICE OF NOTICE OF DEPOSITION 3 OF FREDERICK C. BERRY, JR. CPCU, CLU to be served on the following person[s]: 4 John T. Aragon Ryan Skiver The Aragon Law Office Stephen Skiver 5 P.O. Box 8654 The Skiver Law Firm Surprise, AZ 85374 3200 N. Hayden Road, Suite 220 6 johnavocat@gmail.com Scottsdale, AZ 85251 johnavocat@yahoo.com rskiver@skiverlawfirm.com 7 sskiver@skiverlawfirm.com Attorney for Plaintiffs 8 Attorney for Plaintiffs Sean P. Healy 9 Lindsey M. Gomez-Gray Lewis Brisbois Bisgarrd & Smith, LLP 10 Phoenix Tower Plaza 2929 N. Central Avenue, Suite 1700 11 Phoenix, AZ 85012 Sean.Healy@lewisbrisbois.com 12 Lindsey.Gomez-Gray@lewisbrisbois.com 13 Attorneys for Defendants Glenzona 14 Insurance and Mo Stanley 15 by causing the document to be delivered by the following indicated method or methods: 16  by CM/ECF electronically mailed notice from the Court on the date set forth below. 17 DATED: November 2, 2017. 18 s/J. Matthew Donohue 19 J. Matthew Donohue 20 21 22 23 24 25 26 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 111 SW Fifth Avenue PAGE 1 – CERTIFICATE OF SERVICE Portland, OR 97204 Telephone: 503.243.2300 #54204142_v1

NOTICE re: SECOND NOTICE OF DISCOVERY AND SETTLEMENT by Progressive Preferred Insurance Company.

Case 2:15-cv-01187-ROS Document 133 Filed 11/14/17 Page 1 of 5 1 Steven J. Hulsman (State Bar No. 010929) shulsman@lrrc.com 2 Jared L. Sutton (State Bar No. 028887) jsutton@lrrc.com 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 210 East Washington Street, Suite 1200 4 Phoenix, AZ 85004-2595 5 J. Matthew Donohue, OSB No. 065742 (pro hac vice) matt.donohue@hklaw.com 6 Shannon Armstrong, OSB No. 060113 (pro hac vice) shannon.armstrong@hklaw.com 7 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 8 111 SW Fifth Avenue Portland, OR 97204 9 Telephone: 503.243.2300 Fax: 503.241.8014 10 Attorneys for Defendant Progressive Preferred 11 Insurance Company 12 13 IN THE UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 16 SEBERAINO JIMENEZ, Case No. 2:15-cv-01187-PHX-ROS 17 Plaintiff, SECOND NOTICE OF DISCOVERY AND SETTLEMENT 18 v. 19 PROGRESSIVE CASUALTY INSURANCE COMPANY, et al., 20 Defendants. 21 22 Pursuant to the Court’s Amended Rule 16 Scheduling Order (Dkt. 120) in this case, 23 Plaintiff Seberaino Jimenez and Defendants Progressive Preferred Insurance Company, 24 Glenzona Insurance, and Mo Stanley by and through undersigned counsel, hereby submit this 25 joint report on the status of settlement discussions and progress of discovery. 26 Page 1-SECOND NOTICE OF DISCOVERY AND HOLLAND & KNIGHT LLP 2300 US Bancorp Tower SETTLEMENT 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 133 Filed 11/14/17 Page 2 of 5 1 1. Settlement Discussions. The parties have not engaged in settlement 2 negotiations to date. 3 2. Discovery. All parties have served and responded to discovery requests, 4 including interrogatories, requests for admissions and requests for the production of 5 documents. The parties have completed all fact depositions, and are working to schedule 6 expert depositions by December 1. 7 Dated: November 14, 2017 8 LEWIS ROCA ROTHGERBER CHRISTIE LLP LEWIS BRISBOIS BISGARRD & SMITH, LLP 9 Steven J. Hulsman Jared L. Sutton 10 By: s/Pamela Hostallero-AND-Sean P. Healy 11 sean.healy@lewisbrisbois.com HOLLAND & KNIGHT LLP Pamela Hostallero 12 pamela.hostallero@lewisbrisbois.com Phoenix Tower Plaza 13 By: s/Shannon Armstrong 2929 N. Central Avenue, Suite 1700 J. Matthew Donohue, OSB No. 065742 Phoenix, AZ 85012 14 (pro hac vice) Telephone: 602-385-1040 matt.donohue@hklaw.com Fax: 602-385-1051 15 Shannon Armstrong, OSB No. 060113 (pro hac vice) Attorneys for Glenzona Insurance and Mo 16 shannon.armstrong@hklaw.com Stanley 2300 US Bancorp Tower 17 111 SW Fifth Avenue Portland, OR 97204 18 Telephone: 503.243.2300 Fax: 503.241.8014 19 Attorneys for Progressive Preferred Insurance 20 Company 21 THE SKIVER LAW FIRM 22 By: s/Ryan Skiver 23 Ryan Skiver rskiver@skiverlawfirm.com 24 Stephen Skiver sskiver@skiverlawfirm.com 25 3200 N. Hayden Rd., Suite 220 Scottsdale, AZ 85251 26 Page 2-SECOND NOTICE OF DISCOVERY AND HOLLAND & KNIGHT LLP 2300 US Bancorp Tower SETTLEMENT 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 133 Filed 11/14/17 Page 3 of 5 1 Telephone: 480-626-1667 Fax: 480-482-7285 2 THE ARAGON LAW OFFICE 3 John T. Aragon 4 johnavocat@gmail.com johnavocat@yahoo.com 5 P.O. Box 8654 Surprise, AZ 85374 6 Telephone: 623-214-1527 Fax: 623-214-1578 7 Attorneys for Plaintiff 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 3-SECOND NOTICE OF DISCOVERY AND HOLLAND & KNIGHT LLP 2300 US Bancorp Tower SETTLEMENT 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 133 Filed 11/14/17 Page 4 of 5 1 ECF CERTIFICATION 2 The filing attorney attests that she has obtained concurrence regarding the filing of this 3 document from the signatories to this document 4 DATED this 14th day of November, 2017 5 HOLLAND & KNIGHT LLP 6 7 By: s/Shannon Armstrong J. Matthew Donohue, OSB No. 065742 8 (pro hac vice) matt.donohue@hklaw.com 9 Shannon Armstrong, OSB No. 060113 (pro hac vice) 10 shannon.armstrong@hklaw.com 2300 US Bancorp Tower 11 111 SW Fifth Avenue Portland, OR 97204 12 Telephone: 503.243.2300 Fax: 503.241.8014 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 4-SECOND NOTICE OF DISCOVERY AND HOLLAND & KNIGHT LLP 2300 US Bancorp Tower SETTLEMENT 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 133 Filed 11/14/17 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that I caused the foregoing SECOND NOTICE OF DISCOVERY AND SETTLEMENT to be served on the following person[s]: 3 John T. Aragon Ryan Skiver 4 The Aragon Law Office Stephen Skiver P.O. Box 8654 The Skiver Law Firm 5 Surprise, AZ 85374 3200 N. Hayden Road, Suite 220 johnavocat@gmail.com Scottsdale, AZ 85251 6 johnavocat@yahoo.com rskiver@skiverlawfirm.com sskiver@skiverlawfirm.com 7 Attorney for Plaintiffs shawkins@skiverlawfirm.com 8 Attorney for Plaintiffs 9 Sean P. Healy Pamela Hostallero 10 Lewis Brisbois Bisgarrd & Smith, LLP Phoenix Tower Plaza 11 2929 N. Central Avenue, Suite 1700 Phoenix, AZ 85012 12 sean.healy@lewisbrisbois.com pamela.hostallero@lewisbrisbois.com 13 Attorneys for Defendants Glenzona Insurance 14 and Mo Stanley 15 by causing the document to be delivered by the following indicated method or methods: 16  by CM/ECF electronically mailed notice from the Court on the date set forth below. 17 DATED: November 14, 2017. 18 19 s/Shannon Armstrong 20 Shannon Armstrong 21 22 23 24 25 26 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 111 SW Fifth Avenue PAGE 1 – CERTIFICATE OF SERVICE Portland, OR 97204 Telephone: 503.243.2300 #54294806_v1

STATUS REPORT for Interim Rule 16 Conference by Progressive Preferred Insurance Company.

Case 2:15-cv-01187-ROS Document 134 Filed 11/22/17 Page 1 of 6 1 Steven J. Hulsman (State Bar No. 010929) shulsman@lrrc.com 2 Jared L. Sutton (State Bar No. 028887) jsutton@lrrc.com 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 210 East Washington Street, Suite 1200 4 Phoenix, AZ 85004-2595 5 J. Matthew Donohue, OSB No. 065742 (pro hac vice) matt.donohue@hklaw.com 6 Shannon Armstrong, OSB No. 060113 (pro hac vice) shannon.armstrong@hklaw.com 7 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 8 111 SW Fifth Avenue Portland, OR 97204 9 Telephone: 503.243.2300 Fax: 503.241.8014 10 Attorneys for Defendant Progressive Preferred 11 Insurance Company 12 13 IN THE UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 16 SEBERAINO JIMENEZ, Case No. 2:15-cv-01187-PHX-ROS 17 Plaintiff, JOINT STATUS REPORT FOR INTERIM RULE 16 CONFERENCE 18 v. Honorable Roslyn O. Silver 19 PROGRESSIVE CASUALTY INSURANCE COMPANY, et al., (Interim Rule 16 Conference: 20 December 1, 2017 at 1:30 p.m.) Defendants. 21 22 As this Court noted in its Order (Dkt. 46), this is a putative class action where Plaintiff 23 Seberaino Jimenez alleges that Defendants Progressive Preferred Insurance Company, 24 Glenzona Insurance, and Mo Stanley "collectively operated a scheme designed to deprive class 25 members of the full benefit of medical insurance policies they purchased in conjunction with 26 auto insurance to cover medical services after auto accidents." Page 1-JOINT STATUS REPORT FOR INTERIM RULE 16 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 134 Filed 11/22/17 Page 2 of 6 1 Pursuant to the Court’s Amended Rule 16 Scheduling Order (Dkt. 120) in this case, the 2 parties, by and through undersigned counsel, hereby submit this joint status report in advance 3 of the Interim Rule 16 Status Conference. 4 1. Requested changes to Scheduling Order. Pursuant to paragraph G of the 5 current scheduling order (Dkt. 120), the parties must make all material disclosures under FRCP 6 26(a)(3) of all exhibits to be used and all witnesses to the called at trial, including depositions, 7 on or before December 1, 2017. However, due to the timing of the expert depositions, the 8 parties will not have all deposition transcripts by that date. In addition, the parties anticipate 9 filing motions for class certification and summary judgment after December 1. Accordingly, 10 the parties respectfully request to postpone the deadline for pretrial disclosures of witnesses 11 and exhibits until after those motions for class certification and summary judgment are 12 resolved. 13 2. Pretrial and dispositive motions. Plaintiff intends to file a motion for class 14 certification, and defendants intend to file motions for summary judgment. Under the current 15 scheduling order, both sets of motions are due by December 15, 2017. Defendants also 16 anticipate filing a Daubert or other motion to exclude certain testimony from plaintiff’s expert, 17 Frederick Berry. 18 3. Discovery. All parties have served and responded to discovery requests, 19 including interrogatories, requests for admissions, and requests for the production of 20 documents. The parties have completed all fact depositions, and are scheduled to complete all 21 expert depositions by December 1, 2017. However, defense expert, Lanny Hair, has some 22 health complications that may prevent him from appearing for deposition by that deadline. 23 The parties will work together to complete this deposition, and will further update the Court at 24 the Interim Rule 16 conference. 25 In addition, Plaintiff contends that additional discovery may be needed after the 26 depositions of all witnesses are complete. If additional discovery is needed, Plaintiff will Page 2-JOINT STATUS REPORT FOR INTERIM RULE 16 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 134 Filed 11/22/17 Page 3 of 6 1 address the issue at the Interim Rule 16 conference. Defendants oppose reopening fact 2 discovery, which closed on August 11, 2017. 3 4. Settlement Discussions. The parties have not engaged in settlement 4 negotiations to date. However, once the Court has determined whether or not it will certify this 5 matter as a class action, a settlement conference may be appropriate. 6 5. Trial. The parties propose that the jury trial date be set at the Pretrial 7 Conference after this Court has resolved the dispositive and class certification motions. 8 Dated: November 22, 2017 9 LEWIS ROCA ROTHGERBER CHRISTIE LLP LEWIS BRISBOIS BISGARRD & SMITH, LLP 10 Steven J. Hulsman Jared L. Sutton 11 By: s/Pamela Hostallero-AND-Sean P. Healy 12 sean.healy@lewisbrisbois.com HOLLAND & KNIGHT LLP Pamela Hostallero 13 pamela.hostallero@lewisbrisbois.com Phoenix Tower Plaza 14 By: s/Shannon Armstrong 2929 N. Central Avenue, Suite 1700 J. Matthew Donohue, OSB No. 065742 Phoenix, AZ 85012 15 (pro hac vice) Telephone: 602-385-1040 matt.donohue@hklaw.com Fax: 602-385-1051 16 Shannon Armstrong, OSB No. 060113 (pro hac vice) Attorneys for Glenzona Insurance and Mo 17 shannon.armstrong@hklaw.com Stanley 2300 US Bancorp Tower 18 111 SW Fifth Avenue Portland, OR 97204 19 Telephone: 503.243.2300 Fax: 503.241.8014 20 Attorneys for Progressive Preferred Insurance 21 Company 22 23 24 25 26 Page 3-JOINT STATUS REPORT FOR INTERIM RULE 16 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 134 Filed 11/22/17 Page 4 of 6 1 THE SKIVER LAW FIRM 2 By: s/Ryan Skiver Ryan Skiver 3 rskiver@skiverlawfirm.com Stephen Skiver 4 sskiver@skiverlawfirm.com 3200 N. Hayden Rd., Suite 220 5 Scottsdale, AZ 85251 Telephone: 480-626-1667 6 Fax: 480-482-7285 7 THE ARAGON LAW OFFICE 8 John T. Aragon johnavocat@gmail.com 9 johnavocat@yahoo.com P.O. Box 8654 10 Surprise, AZ 85374 Telephone: 623-214-1527 11 Fax: 623-214-1578 12 Attorneys for Plaintiff 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 4-JOINT STATUS REPORT FOR INTERIM RULE 16 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 134 Filed 11/22/17 Page 5 of 6 1 ECF CERTIFICATION 2 The filing attorney attests that she has obtained concurrence regarding the filing of this 3 document from the signatories to this document 4 DATED this 22nd day of November, 2017 5 HOLLAND & KNIGHT LLP 6 7 By: s/Shannon Armstrong J. Matthew Donohue, OSB No. 065742 8 (pro hac vice) matt.donohue@hklaw.com 9 Shannon Armstrong, OSB No. 060113 (pro hac vice) 10 shannon.armstrong@hklaw.com 2300 US Bancorp Tower 11 111 SW Fifth Avenue Portland, OR 97204 12 Telephone: 503.243.2300 Fax: 503.241.8014 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 5-JOINT STATUS REPORT FOR INTERIM RULE 16 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 134 Filed 11/22/17 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I hereby certify that I caused the foregoing JOINT STATUS REPORT FOR INTERIM RULE 16 CONFERENCE to be served on the following person[s]: 3 John T. Aragon Ryan Skiver 4 The Aragon Law Office Stephen Skiver P.O. Box 8654 The Skiver Law Firm 5 Surprise, AZ 85374 3200 N. Hayden Road, Suite 220 johnavocat@gmail.com Scottsdale, AZ 85251 6 johnavocat@yahoo.com rskiver@skiverlawfirm.com sskiver@skiverlawfirm.com 7 Attorney for Plaintiffs shawkins@skiverlawfirm.com 8 Attorney for Plaintiffs 9 Sean P. Healy Pamela Hostallero 10 Lewis Brisbois Bisgarrd & Smith, LLP Phoenix Tower Plaza 11 2929 N. Central Avenue, Suite 1700 Phoenix, AZ 85012 12 sean.healy@lewisbrisbois.com pamela.hostallero@lewisbrisbois.com 13 Attorneys for Defendants Glenzona Insurance 14 and Mo Stanley 15 by causing the document to be delivered by the following indicated method or methods: 16  by CM/ECF electronically mailed notice from the Court on the date set forth below. 17 DATED: November 22, 2017. 18 19 s/Shannon Armstrong 20 Shannon Armstrong 21 22 23 24 25 26 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 111 SW Fifth Avenue PAGE 1 – CERTIFICATE OF SERVICE Portland, OR 97204 Telephone: 503.243.2300 #54355941_v1

NOTICE of Service of Discovery filed by Seberaino Jimenez.

Case 2:15-cv-01187-ROS Document 135 Filed 11/22/17 Page 1 of 2 1 THE ARAGON LAW OFFICE John T. Aragon, Esq. 2 Arizona Bar No.: 020348 3 P.O. Box 8654 Surprise, AZ 85374 4 623/214-1527; fax 623/214-1578 johnavocat@gmail.com 5 Attorney for Plaintiffs 6 THE SKIVER LAW FIRM 7 Ryan Skiver, Esq. Arizona Bar No.: 024552 8 Stephen A. Skiver, Esq. Arizona Bar No.: 031878 9 3200 North Hayden Road, Suite 220 Scottsdale, AZ 85251 10 480/626-1667; fax 480/482-7285 11 rskiver@skiverlawfirm.com sskiver@skiverlawfirm.com 12 Attorneys for Plaintiffs 13 UNITED STATES DISTRICT COURT 14 FOR THE DISTRICT OF ARIZONA 15 SEBERAINO JIMENEZ, CASE NO. 2:15-cv-01187-PHX-ROS 16 Plaintiff, 17 NOTICE OF SERVICE OF v. PLAINTIFF’S THIRD 18 SUPPLEMENTAL DISCLOSURE PROGRESSIVE CASUALTY STATEMENT RE: EXPERTS 19 INSURANCE COMPANY, et al., 20 Defendants. 21 22 Notice is hereby given that Plaintiff, by and through undersigned counsel, has 23 served upon Defendants, via first class mail and email on November 22, 2017, Plaintiff’s 24 25 Third Supplemental Disclosure Statement containing Rebuttal Expert Opinions. 26///27///28 Case 2:15-cv-01187-ROS Document 135 Filed 11/22/17 Page 2 of 2 1 DATED this 22nd day of November, 2017. 2 THE SKIVER LAW FIRM 3 4 By:/s/Ryan Skiver 5 Ryan Skiver Stephen A. Skiver 6 Attorneys for Plaintiffs 7 CERTIFICATE OF SERVICE 8 I hereby certify that on the 22nd day of November, 2017, I electronically transmitted 9 10 the foregoing document to the Clerk’s Office using the CM/ECF Filing System for filing 11 and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 12 Sean Healy 13 Pam Hostallero Lewis Brisbois Bisgaard & Smith, LLP 14 Phoenix Tower Plaza 2929 N. Central Ave Ste 1700 15 Phoenix, AZ 85012 Attorney for Defendants Glenzona & Stanley 16 J. Matthews Donohue 17 Shannon L. Armstrong Kristin Asai 18 Holland and Knight, LLP 2300 US Bancorp Tower 19 111 SW Fifth Avenue Portland, OR 97204 20 Attorneys for Defendant Progressive 21 Steven J. Hulsman Jared L. Sutton 22 Lewis Roca Rothgerber Christie, LLP 201 E. Washington St Ste 1200 23 Phoenix, AZ 85004 Attorneys for Defendant Progressive 24 John T. Aragon 25 The Aragon Law Office PO Box 8654 26 Surprise, AZ 85374 Attorney for Plaintiff 27 By:/s/Sergina Hawkins 28

STATUS REPORT SUPPLEMENTAL JOINT STATUS REPORT FOR INTERIM RULE 16 CONFERENCE by Progressive Preferred Insurance Company.

Case 2:15-cv-01187-ROS Document 136 Filed 11/28/17 Page 1 of 5 1 Steven J. Hulsman (State Bar No. 010929) shulsman@lrrc.com 2 Jared L. Sutton (State Bar No. 028887) jsutton@lrrc.com 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 210 East Washington Street, Suite 1200 4 Phoenix, AZ 85004-2595 5 J. Matthew Donohue, OSB No. 065742 (pro hac vice) matt.donohue@hklaw.com 6 Shannon Armstrong, OSB No. 060113 (pro hac vice) shannon.armstrong@hklaw.com 7 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 8 111 SW Fifth Avenue Portland, OR 97204 9 Telephone: 503.243.2300 Fax: 503.241.8014 10 Attorneys for Defendant Progressive Preferred 11 Insurance Company 12 13 IN THE UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 16 SEBERAINO JIMENEZ, Case No. 2:15-cv-01187-PHX-ROS 17 Plaintiff, SUPPLEMENTAL JOINT STATUS REPORT FOR INTERIM RULE 16 18 v. CONFERENCE 19 PROGRESSIVE CASUALTY INSURANCE Honorable Roslyn O. Silver COMPANY, et al., 20 (Interim Rule 16 Conference: Defendants. December 1, 2017 at 1:30 p.m.) 21 22 23 Due to changed circumstances, the parties provide a supplemental joint status report in 24 advance of the Interim Rule 16 Status Conference. 25 1. Discovery. As described in the parties’ Joint Status Report filed on November 26 22, 2017, defense expert, Lanny Hair, has health complications that will prevent him from Page 1 – SUPPLEMENTAL JOINT STATUS REPORT FOR HOLLAND & KNIGHT LLP 2300 US Bancorp Tower INTERIM RULE 16 CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 136 Filed 11/28/17 Page 2 of 5 1 appearing for deposition by the current expert discovery deadline. The parties have conferred 2 and agreed to reschedule Mr. Hair’s deposition to January 4, 2018. As a result, the parties 3 respectfully request additional changes to the current scheduling order (Dkt. 120). 4 2. Requested changes to Scheduling Order. Based on Mr. Hair’s unavailability 5 for deposition, the parties jointly request the following changes to the current scheduling order: 6 Event Current deadline Proposed deadline 7 Deadline for expert discovery. (Dkt. 120 December 1, 2017 January 8, 2018 8 ¶ F.) 9 Deadline to supplement all discovery, December 1, 2017 January 8, 2018 including material changes in expert 10 witness opinions and material disclosures, 11 pursuant to FRCP 26(a)(3), of all exhibits to be used and all witnesses to the called 12 at trial. (Dkt. 120 ¶ G.) 13 All dispositive motions, including December 15, 2017 January 19, 2018 14 Plaintiff’s motion for class certification. (Dkt. 120 ¶ L.) 15 Oppositions to dispositive motions and to 16 February 1, 2018 March 5, 2018 Plaintiff’s motion for class certification. 17 (Dkt. 120 ¶ L.) 18 Replies to dispositive motions and to March 1, 2018 April 6, 2018 Plaintiff’s motion for class certification. 19 (Dkt. 120 ¶ L.) 20 21 Dated: November 28, 2017 22 LEWIS ROCA ROTHGERBER CHRISTIE LLP LEWIS BRISBOIS BISGARRD & SMITH, 23 LLP Steven J. Hulsman 24 Jared L. Sutton By: s/Pamela Hostallero 25-AND-Sean P. Healy sean.healy@lewisbrisbois.com 26 HOLLAND & KNIGHT LLP Pamela Hostallero Page 2 – SUPPLEMENTAL JOINT STATUS REPORT FOR HOLLAND & KNIGHT LLP 2300 US Bancorp Tower INTERIM RULE 16 CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 136 Filed 11/28/17 Page 3 of 5 1 pamela.hostallero@lewisbrisbois.com Phoenix Tower Plaza 2 By: s/J. Matthew Donohue 2929 N. Central Avenue, Suite 1700 J. Matthew Donohue, OSB No. 065742 Phoenix, AZ 85012 3 (pro hac vice) Telephone: 602-385-1040 matt.donohue@hklaw.com Fax: 602-385-1051 4 Shannon Armstrong, OSB No. 060113 (pro hac vice) Attorneys for Glenzona Insurance and Mo 5 shannon.armstrong@hklaw.com Stanley 2300 US Bancorp Tower 6 111 SW Fifth Avenue Portland, OR 97204 7 Telephone: 503.243.2300 Fax: 503.241.8014 8 Attorneys for Progressive Preferred Insurance 9 Company 10 THE SKIVER LAW FIRM 11 By: s/Ryan Skiver 12 Ryan Skiver rskiver@skiverlawfirm.com 13 Stephen Skiver sskiver@skiverlawfirm.com 14 3200 N. Hayden Rd., Suite 220 Scottsdale, AZ 85251 15 Telephone: 480-626-1667 Fax: 480-482-7285 16 THE ARAGON LAW OFFICE 17 John T. Aragon 18 johnavocat@gmail.com johnavocat@yahoo.com 19 P.O. Box 8654 Surprise, AZ 85374 20 Telephone: 623-214-1527 Fax: 623-214-1578 21 Attorneys for Plaintiff 22 23 24 25 26 Page 3 – SUPPLEMENTAL JOINT STATUS REPORT FOR HOLLAND & KNIGHT LLP 2300 US Bancorp Tower INTERIM RULE 16 CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 136 Filed 11/28/17 Page 4 of 5 1 ECF CERTIFICATION 2 The filing attorney attests that he has obtained concurrence regarding the filing of this 3 document from the signatories to this document 4 DATED this 28th day of November, 2017. 5 HOLLAND & KNIGHT LLP 6 7 By: s/J. Matthew Donohue J. Matthew Donohue, OSB No. 065742 8 (pro hac vice) matt.donohue@hklaw.com 9 Shannon Armstrong, OSB No. 060113 (pro hac vice) 10 shannon.armstrong@hklaw.com 2300 US Bancorp Tower 11 111 SW Fifth Avenue Portland, OR 97204 12 Telephone: 503.243.2300 Fax: 503.241.8014 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 4 – SUPPLEMENTAL JOINT STATUS REPORT FOR HOLLAND & KNIGHT LLP 2300 US Bancorp Tower INTERIM RULE 16 CONFERENCE 111 SW Fifth Avenue Portland, OR 97204 Telephone: 503.243.2300 Case 2:15-cv-01187-ROS Document 136 Filed 11/28/17 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that I caused the foregoing SUPPLEMENTAL JOINT STATUS REPORT FOR INTERIM RULE 16 CONFERENCE to be served on the following person[s]: 3 John T. Aragon Ryan Skiver 4 The Aragon Law Office Stephen Skiver P.O. Box 8654 The Skiver Law Firm 5 Surprise, AZ 85374 3200 N. Hayden Road, Suite 220 johnavocat@gmail.com Scottsdale, AZ 85251 6 johnavocat@yahoo.com rskiver@skiverlawfirm.com sskiver@skiverlawfirm.com 7 Attorney for Plaintiffs shawkins@skiverlawfirm.com 8 Attorney for Plaintiffs 9 Sean P. Healy Pamela Hostallero 10 Lewis Brisbois Bisgarrd & Smith, LLP Phoenix Tower Plaza 11 2929 N. Central Avenue, Suite 1700 Phoenix, AZ 85012 12 sean.healy@lewisbrisbois.com pamela.hostallero@lewisbrisbois.com 13 Attorneys for Defendants Glenzona Insurance 14 and Mo Stanley 15 by causing the document to be delivered by the following indicated method or methods: 16  by CM/ECF electronically mailed notice from the Court on the date set forth below. 17 DATED: November 28, 2017. 18 19 s/J. Matthew Donohue 20 J. Matthew Donohue 21 22 23 24 25 26 HOLLAND & KNIGHT LLP 2300 US Bancorp Tower 111 SW Fifth Avenue PAGE 1 – CERTIFICATE OF SERVICE Portland, OR 97204 Telephone: 503.243.2300 #54481476_v1

ORDER the Interim Status Conference presently set for December 1, 2017, at 1:30 PM is VACATED and RESET for January 12, 2018, at 1:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O. Silver. An Amended Scheduling Order is due 12/8/17. IT IS FURTHER ORDERED the Clerk of Court shall terminate and dismiss Defendants Coventry Health and Life Insurance Company and First Health Group Corporation. (See Order for details). Signed by Senior Judge Roslyn O Silver on 11/29/17.

Case 2:15-cv-01187-ROS Document 137 Filed 11/29/17 Page 1 of 2 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Seberaino Jimenez, No. CV-15-01187-PHX-ROS 10 Plaintiff, ORDER 11 v. 12 Progressive Casualty Insurance Company, et al., 13 Defendants. 14 15 Pursuant to the Parties’ Supplemental Joint Status Report for Interim Rule 16 16 Conference and good cause appearing, 17 IT IS ORDERED the Interim Status Conference presently set for December 1, 18 2017, at 1:30 PM is VACATED and RESET for January 12, 2018, at 1:30 PM in 19 Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge 20 Roslyn O. Silver. The deadline extensions Parties included in their Supplemental Joint 21 Status Report, (Doc. 136), are approved. Additional extensions will only be granted in 22 exceptional circumstances. 23 IT IS FURTHER ORDERED no later than December 8, 2017, the Parties shall 24 submit an amended Rule 16 scheduling order incorporating all new deadlines. 25 IT IS FURTHER ORDERED, as Plaintiff has not alleged any claims against 26 Defendants Coventry Health and Life Insurance Company (a foreign corporation) or First 27 Health Group Corporation (a foreign corporation subsidiary of Aetna Inc.), those parties 28 are dismissed. The Parties shall omit these and all other terminated parties from the Case 2:15-cv-01187-ROS Document 137 Filed 11/29/17 Page 2 of 2 1 caption of any documents filed with the Court. 2 IT IS FURTHER ORDERED the Clerk of Court shall terminate and dismiss 3 Defendants Coventry Health and Life Insurance Company (a foreign corporation) and 4 First Health Group Corporation (a foreign corporation subsidiary of Aetna Inc.). 5 Dated this 29th day of November, 2017. 6 7 8 Honorable Roslyn O. Silver 9 Senior United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

NOTICE OF ATTORNEY SUBSTITUTION: Pamela A. Hostallero appearing for Glenzona Insurance, Mo Stanley. Attorney Lindsey M Gomez-Gray terminated.

Case 2:15-cv-01187-ROS Document 138 Filed 12/04/17 Page 1 of 2 1 SEAN P. HEALY, SB# 018393 Sean.Healy@lewisbrisbois.com PAMELA A. HOSTALLERO, SB#021107 2 Pamela.Hostallero@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 3 Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 Phoenix, Arizona 85012-2761 4 Telephone: 602.385.1040 Facsimile: 602.385.1051 5 Firm email: azdocketing@lewisbrisbois.com Attorneys for Defendants Glenzona Insurance and Mo Stanley 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 SEBERAINO JIMENEZ, a single man, 2:15-cv-01187-PHX-ROS 10 Plaintiff, NOTICE OF SUBSTITUTION OF 11 COUNSEL WITHIN SAME FIRM vs. 12 PROGRESSIVE CASUALTY (Before the Honorable Roslyn O. Silver) 13 INSURANCE COMPANY, a foreign corporation; et. al., 14 15 Defendants. 16 17 Defendants Glenzona Insurance Company and Mo Stanley, hereby give notice that 18 the attorney at Lewis Brisbois Bisgaard & Smith LLP handling the defense in this matter 19 has changed from Lindsey M. Gomez-Gray to Pamela A. Hostallero. Defendants request 20 the Court direct all future communications, minute entries, Order, and other matters to the 21 attention of Ms. Hostallero. The firm name and address remain the same. 22 DATED this 4th day of December, 2017. 23 LEWIS BRISBOIS BISGAARD & SMITH LLP 24 By/s/Pamela a. Hostallero 25 Sean P. Healy Pamela A. Hostallero 26 Attorneys for Defendant Glenzona Insurance 27 and Mo Stanley 28 4842-4239-5988.1 Case 2:15-cv-01187-ROS Document 138 Filed 12/04/17 Page 2 of 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 4, 2017, I electronically transmitted the foregoing 3 document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a 4 Notice of Electronic Filing to the following CM/ECF registrants: 5 John T. Aragon, Esq. Ryan Skiver, Esq. The Aragon Law Office The Skiver Law Firm 6 P.O. Box 8654 3200 N. Hayden Rd., Ste. 220 Surprise, AZ 85374 Scottsdale, AZ 85251 7 Phone: 623-214-1527 Phone: 480-626-1667 8 Fax: 623-214-1578 Fax: 480-482-7285 johnavocat@gmail.com rskiver@skiverlawfirm.com; 9 johnavocat@yahoo.com Attorney for Plaintiff Attorney for Plaintiff 10 Steven J. Hulsman, Esq. J. Matthew Donohue, Esq. 11 Jared Lynn Sutton, Esq. Shannon Armstrong Lewis Roca Rothgerber LLP Holland & Knight LLP 12 201 E. Washington St., Suite 1200 2300 U.S. Bancorp Tower Phoenix, AZ 85004-2595 111 S.W. Fifth Avenue 13 Phone: 602-262-5313 Portland, OR 97204 14 Fax: 602-734-3769 Main: 503.243.2300 SHulsman@LRRLaw.com Matt.Donohue@hklaw.com 15 JSutton@lrrlaw.com Shannon.Armstrong@hklaw.com Attorneys for Defendants Progressive Attorneys for Defendants Progressive 16 17/s/Marcia McAlister 18 200.11839 19 20 21 22 23 24 25 26 27 28 4842-4239-5988.1

REPORT of SECOND AMENDED RULE 16 SCHEDULING ORDER by Defendant Progressive Preferred Insurance Company.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Seberaino Jimenez, Case No. CV-15-01187-PHX-ROS 10 Plaintiff, SECOND AMENDED RULE 16 SCHEDULING ORDER 11 v. Honorable Roslyn O. Silver 12 Progressive Casualty Insurance Company, et al., 13 Defendants. 14 15 Pursuant to the terms of the Case Management Plan, the representations made by 16 the parties at the Rule 16 Scheduling Conference, and the Court's November 29, 2017 17 Order (Dkt. 137), all parties shall comply with the deadlines established in this Order. 18 A. All proceedings concerning this case shall be in accordance with the 19 Federal Rules of Civil Procedure. 20 B. All Initial Disclosures as defined in FRCP 26(a)(1) are complete. 21 C. To satisfy the requirements of FRCP 26(a)(1), the parties shall file with 22 the Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual 23 disclosures. 24 D. The deadline for all procedural motions including Motions to Amend the 25 Complaint or Answer and Motions to Join Additional Parties was March 15, 2017, and 26 has passed. 27 E. The Plaintiff(s) disclosed the identity of all persons who may be used at 28 trial to present evidence under Federal Rules of Evidence (FRE) 701, 702, 703, 704, -1- 1 and 705 on September 8, 2017. Plaintiff disclosed the identity of all rebuttal expert 2 witnesses on November 22, 2017. Plaintiff produced all expert witnesses for 3 deposition on November 29, 2017. The Defendant(s) disclosed the identity of all 4 persons who may be used at trial to present evidence under FRE 701, 702, 703, 704, or 5 705 on October 20, 2017. Defendants shall produce any expert witnesses for 6 deposition no later than January 8, 2018. No deposition of any expert witness shall 7 occur before the disclosures concerning expert witnesses mandated by this Order have 8 been made. The disclosures of the identities of all persons who may be used at trial to 9 present evidence under FRE 701, 702, 703, 704, or 705 shall also include all of the 10 disclosures required by FRCP 26(a)(2)(B) if the witness is either (1) retained or 11 specifically employed to provide expert testimony in the case, or (2) is an agent or 12 employee of the party offering the testimony whose duties regularly involve giving 13 expert testimony. 14 F. All fact discovery, including answers to interrogatories, production of 15 documents, depositions and requests to admit was completed on August 11, 2017. The 16 deadline for expert discovery shall be January 8, 2018. 17 G. The parties shall finally supplement all discovery, including material 18 changes in expert witness opinions and material disclosures, pursuant to FRCP 26(a)(3), 19 of all exhibits to be used and all witnesses to the called at trial, on or before January 8, 20 2018. 21 H. Discovery by interrogatory shall be governed by the national uniform 22 requirements set forth in FRCP 33. 23 I. Depositions shall be limited by the national uniform requirements set 24 forth in Rules 30, 31, and 32 of the FRCP. 25 J. Motions on discovery matters are prohibited. Should a discovery dispute 26 arise, counsel shall consult and make a sincere effort to resolve the matter(s). If the 27 parties cannot reach a resolution, they are directed to jointly file and fax, (602) 322- 28 7529, a joint statement of the issue(s), limited to 14 lines per issue for each party. Upon -2- 1 review of the statement an order will issue regarding further action required by the 2 parties. This procedure differs from the procedure set forth in Local Rule 7.2(j). The 3 parties shall also consult the Court's instructions concerning discovery disputes to 4 ensure full compliance with the Court's discovery dispute procedures, some of which 5 are not included here. Discovery Dispute Instructions are available on the District of 6 Arizona website at www.azd.uscourts.gov / Judges' Information / Orders, Forms & 7 Procedures for the Hon. Roslyn O. Silver. 8 K. This Order contemplates that each party will conduct discovery to permit 9 completion within the deadline. Any discovery which results in insufficient time to 10 undertake necessary additional discovery and which requires an extension of the 11 discovery deadline will be met with disfavor, will only be granted for good cause or 12 only to prevent manifest injustice pursuant to FRCP 16(b) and (e), and may result in 13 denial of an extension, exclusion of evidence, or the imposition of other serious 14 sanctions pursuant to FRCP 37(b), (c), (d). 15 L. All dispositive motions, including Plaintiff's motion for class 16 certification, shall be filed no later than January 19, 2018. Unless permitted by Order 17 of the Court, only one dispositive motion is allowed to be filed by each party. 18 Oppositions to dispositive motions and to Plaintiff's motion for class certification shall 19 be filed no later than March 5, 2018. Replies to dispositive motions and to Plaintiff's 20 motion for class certification shall be filed no later than April 6, 2018. 21 M. All parties are specifically admonished that pursuant to LRCiv 7.2(i), "[i]f 22 a motion does not conform in all substantial respects with the requirements of this Rule, 23 or if the opposing party does not serve and file the required answering memoranda, or if 24 counsel for any party fails to appear at the time and place for oral argument, such 25 noncompliance may be deemed a consent to the denial or granting of the motion and the 26 Court may dispose of the motion summarily." 27 28 -3- 1 N. The Court will set a status conference after it has ruled on Plaintiff's 2 motion for class certification and the parties' dispositive motions. The remainder of the 3 schedule for the litigation will be established at that conference. 4 O. The parties shall keep the Court apprised of settlement negotiations and 5 the progress of discovery. A joint statement to the Court concerning the status of 6 settlement discussions (containing no specific settlement terms or offers) and the 7 progress of discovery shall be filed by July 14, 2017, and initially labeled "First Notice 8 of Discovery and Settlement," and shall be subsequently filed every FOUR (4) months 9 thereafter. If settlement is reached the parties shall file a Notice of Settlement with the 10 Clerk of the Court with a copy to Judge Silver's Chambers. 11 P. A Joint Proposed Pretrial Order, all Motions in Limine, a Joint Statement 12 of the Case, Joint Jury Instructions, Verdict Form, and Stipulated Voir Dire Questions 13 to be added to the Court's standard Jury Questionnaire shall be lodged and filed by 14 March 21, 2018. If dispositive motions have been filed, the Joint Proposed Pretrial 15 Order and Motions in Limine and other documents shall be due either on the above date 16 or 30 days following resolution of the dispositive motions, whichever is later. The 17 content of the Joint Proposed Pretrial Order is that prescribed in the Court's form of 18 Joint Proposed Pretrial Order. [See Court's website: www.azd.uscourts.gov / Judges' 19 Information / Orders, Forms & Procedures]. Responses to Motions in Limine are due 20 15 days after the Motions are filed, and no replies are permitted unless specifically 21 ordered by the Court. 22 Q. The attorneys who will be trying the case for each of the parties shall 23 appear at the Final Pretrial Conference that will be scheduled as promptly as possible 24 after the filing of the Joint Proposed Pretrial Order. The attorneys appearing at the 25 conference shall be prepared to address the merits of all issues raised in the Joint 26 Proposed Pretrial Order and fully briefed Motions in Limine. Unless one has already 27 been established, the Court will set a firm trial date at the Pretrial Conference and will 28 sign the Final Pretrial Order with any additional instructions for trial preparation. -4- 1 R. Any other final pretrial matters required pursuant to FRCP 26(a)(3) are 2 due in accordance with this Order prior to the preparation and filing of the Joint 3 Proposed Pretrial Order. 4 S. The parties shall email to chambers mailbox 5 (silver_chambers@azd.uscourts.gov) their proposed voir dire questions and statement 6 of the case for the juror questionnaire, jury instructions, and form of verdict in 7 Microsoft Office Word 2010 or WordPerfect 9.0 format, in addition to other written 8 materials filed with the Clerk of the Court. 9 T. An Interim Rule 16 Status Conference is scheduled for January 12, 2018 10 at 1:30 PM. 11 This Court views compliance with the provisions of this Order as critical to its 12 case management responsibilities and the responsibilities of the parties under FRCP 1. 13 Dated this _____________, 2017. 14 15 Honorable Roslyn O. Silver 16 Senior United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 CERTIFICATE OF SERVICE 2 I hereby certify that I caused the foregoing SECOND AMENDED RULE 16 SCHEDULING ORDER to be served on the following person[s]: 3 John T. Aragon Ryan Skiver 4 The Aragon Law Office Stephen Skiver P.O. Box 8654 The Skiver Law Firm 5 Surprise, AZ 85374 3200 N. Hayden Road, Suite 220 johnavocat@gmail.com Scottsdale, AZ 85251 6 johnavocat@yahoo.com rskiver@skiverlawfirm.com sskiver@skiverlawfirm.com 7 Attorney for Plaintiffs shawkins@skiverlawfirm.com 8 Attorney for Plaintiffs 9 Sean P. Healy Pamela Hostallero 10 Lewis Brisbois Bisgarrd & Smith, LLP Phoenix Tower Plaza 11 2929 N. Central Avenue, Suite 1700 Phoenix, AZ 85012 12 sean.healy@lewisbrisbois.com pamela.hostallero@lewisbrisbois.com 13 Attorneys for Defendants Glenzona 14 Insurance and Mo Stanley 15 by causing the document to be delivered by the following indicated method or methods: 16  by CM/ECF electronically mailed notice from the Court on the date set forth below. 17 DATED December 8, 2017. 18 19 s/ Shannon Armstrong 20 Shannon Armstrong 21 22 23 24 25 26 27 28 -1-

SECOND AMENDED RULE 16 SCHEDULING ORDER: Dispositive motions due by 1/19/2018. Joint Proposed Pretrial Order due by 3/21/2018. Joint Status Report due by 1/5/2018. Interim Rule 16 Status Conference set for 1/12/2018 at 01:30 PM. See document for further details. Signed by Senior Judge Roslyn O Silver on 12/13/2017.

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Seberaino Jimenez, No. CV-15-01187-PHX-ROS 10 Plaintiff, SECOND AMENDED RULE 16 SCHEDULING ORDER 11 v. 12 Progressive Casualty Insurance Company, et al., 13 Defendants. 14 15 Pursuant to the terms of the Case Management Plan, the representations made by 16 the parties at the Rule 16 Scheduling Conference, and the Court's November 29, 2017 17 Order (Doc. 137), all parties shall comply with the deadlines established in this Order. 18 A. All proceedings concerning this case shall be in accordance with the 19 Federal Rules of Civil Procedure. 20 B. All Initial Disclosures as defined in FRCP 26(a)(1) are complete. 21 C. To satisfy the requirements of FRCP 26(a)(1), the parties shall file with the 22 Clerk of the Court a Notice of Initial Disclosure, rather than copies of the actual 23 disclosures. 24 D. The deadline for all procedural motions including Motions to Amend the 25 Complaint or Answer and Motions to Join Additional Parties was March 15, 2017, and 26 has passed. 27 E. The Plaintiff(s) disclosed the identity of all persons who may be used at 28 trial to present evidence under Federal Rules of Evidence (FRE) 701, 702, 703, 704, and 1 705 on September 8, 2017. Plaintiff disclosed the identity of all rebuttal expert 2 witnesses on November 22, 2017. Plaintiff produced all expert witnesses for deposition 3 on November 29, 2017. The Defendant(s) disclosed the identity of all persons who may 4 be used at trial to present evidence under FRE 701, 702, 703, 704, or 705 on October 20, 5 2017. Defendants shall produce any expert witnesses for deposition no later than 6 January 8, 2018. No deposition of any expert witness shall occur before the disclosures 7 concerning expert witnesses mandated by this Order have been made. The disclosures of 8 the identities of all persons who may be used at trial to present evidence under FRE 701, 9 702, 703, 704, or 705 shall also include all of the disclosures required by FRCP 10 26(a)(2)(B) if the witness is either (1) retained or specifically employed to provide expert 11 testimony in the case, or (2) is an agent or employee of the party offering the testimony 12 whose duties regularly involve giving expert testimony. 13 F. All fact discovery, including answers to interrogatories, production of 14 documents, depositions and requests to admit was completed on August 11, 2017. The 15 deadline for expert discovery shall be January 8, 2018. 16 G. The parties shall finally supplement all discovery, including material 17 changes in expert witness opinions and material disclosures, pursuant to FRCP 26(a)(3), 18 of all exhibits to be used and all witnesses to the called at trial, on or before January 8, 19 2018. 20 H. Discovery by interrogatory shall be governed by the national uniform 21 requirements set forth in FRCP 33. 22 I. Depositions shall be limited by the national uniform requirements set forth 23 in Rules 30, 31, and 32 of the FRCP. 24 J. Motions on discovery matters are prohibited. Should a discovery dispute 25 arise, counsel shall consult and make a sincere effort to resolve the matter(s). If the 26 parties cannot reach a resolution, they are directed to jointly file and fax, (602) 322-7529, 27 a joint statement of the issue(s), limited to 14 lines per issue for each party. Upon review 28 of the statement an order will issue regarding further action required by the parties. This -2- 1 procedure differs from the procedure set forth in Local Rule 7.2(j). The parties shall also 2 consult the Court's instructions concerning discovery disputes to ensure full compliance 3 with the Court's discovery dispute procedures, some of which are not included here. 4 Discovery Dispute Instructions are available on the District of Arizona website at 5 www.azd.uscourts.gov / Judges' Information / Orders, Forms & Procedures for the Hon. 6 Roslyn O. Silver. 7 K. This Order contemplates that each party will conduct discovery to permit 8 completion within the deadline. Any discovery which results in insufficient time to 9 undertake necessary additional discovery and which requires an extension of the 10 discovery deadline will be met with disfavor, will only be granted for good cause or only 11 to prevent manifest injustice pursuant to FRCP 16(b) and (e), and may result in denial of 12 an extension, exclusion of evidence, or the imposition of other serious sanctions pursuant 13 to FRCP 37(b), (c), (d). 14 L. All dispositive motions, including Plaintiff's motion for class certification, 15 shall be filed no later than January 19, 2018. Unless permitted by Order of the Court, 16 only one dispositive motion is allowed to be filed by each party. Oppositions to 17 dispositive motions and to Plaintiff's motion for class certification shall be filed no later 18 than March 5, 2018. Replies to dispositive motions and to Plaintiff's motion for class 19 certification shall be filed no later than April 6, 2018. 20 M. All parties are specifically admonished that pursuant to LRCiv 7.2(i), "[i]f a 21 motion does not conform in all substantial respects with the requirements of this Rule, or 22 if the opposing party does not serve and file the required answering memoranda, or if 23 counsel for any party fails to appear at the time and place for oral argument, such 24 noncompliance may be deemed a consent to the denial or granting of the motion and the 25 Court may dispose of the motion summarily." 26 N. The Court will set a status conference after it has ruled on Plaintiff's 27 motion for class certification and the parties' dispositive motions. The remainder of the 28 schedule for the litigation will be established at that conference. -3- 1 O. The parties shall keep the Court apprised of settlement negotiations and the 2 progress of discovery. A joint statement to the Court concerning the status of settlement 3 discussions (containing no specific settlement terms or offers) and the progress of 4 discovery shall be filed by July 14, 2017, and initially labeled "First Notice of Discovery 5 and Settlement," and shall be subsequently filed every FOUR (4) months thereafter. If 6 settlement is reached the parties shall file a Notice of Settlement with the Clerk of the 7 Court with a copy to Judge Silver's Chambers. 8 P. A Joint Proposed Pretrial Order, all Motions in Limine, a Joint Statement of 9 the Case, Joint Jury Instructions, Verdict Form, and Stipulated Voir Dire Questions to be 10 added to the Court's standard Jury Questionnaire shall be lodged and filed by March 21, 11 2018. If dispositive motions have been filed, the Joint Proposed Pretrial Order and 12 Motions in Limine and other documents shall be due either on the above date or 30 days 13 following resolution of the dispositive motions, whichever is later. The content of the 14 Joint Proposed Pretrial Order is that prescribed in the Court's form of Joint Proposed 15 Pretrial Order. [See Court's website: www.azd.uscourts.gov / Judges' Information / 16 Orders, Forms & Procedures]. Responses to Motions in Limine are due 15 days after the 17 Motions are filed, and no replies are permitted unless specifically ordered by the Court. 18 Q. The attorneys who will be trying the case for each of the parties shall 19 appear at the Final Pretrial Conference that will be scheduled as promptly as possible 20 after the filing of the Joint Proposed Pretrial Order. The attorneys appearing at the 21 conference shall be prepared to address the merits of all issues raised in the Joint 22 Proposed Pretrial Order and fully briefed Motions in Limine. Unless one has already 23 been established, the Court will set a firm trial date at the Pretrial Conference and will 24 sign the Final Pretrial Order with any additional instructions for trial preparation. 25 R. Any other final pretrial matters required pursuant to FRCP 26(a)(3) are due 26 in accordance with this Order prior to the preparation and filing of the Joint Proposed 27 Pretrial Order. 28 S. The parties shall email to chambers mailbox -4- 1 (silver_chambers@azd.uscourts.gov) their proposed voir dire questions and statement of 2 the case for the juror questionnaire, jury instructions, and form of verdict in Microsoft 3 Office Word 2010 or WordPerfect 9.0 format, in addition to other written materials filed 4 with the Clerk of the Court. 5 T. An Interim Rule 16 Status Conference is scheduled for January 12, 2018 6 at 1:30 PM. The Joint Status Report is due January 5, 2018. 7 This Court views compliance with the provisions of this Order as critical to its 8 case management responsibilities and the responsibilities of the parties under FRCP 1. 9 Dated this 13th day of December, 2017. 10 11 12 Honorable Roslyn O. Silver Senior United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

NOTICE of Service of Discovery filed by Glenzona Insurance.

1 SEAN P. HEALY, SB# 018393 E-Mail: Sean.Healy@lewisbrisbois.com PAMELA A. HOSTALLERO, SB# 027416 2 E-Mail: Pamela.Hostallero@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 3 Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 4 Phoenix, Arizona 85012-2761 Telephone: 602.385.1040 5 Facsimile: 602.385.1051 Firm email: azdocketing@lewisbrisbois.com 6 Attorneys for Defendant Glenzona Insurance and Mo Stanley 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 SEBERAINO JIMENEZ, a single man, 2:15-cv-01187-PHX-ROS 11 Plaintiff, NOTICE OF DEFENDANTS 12 vs. GLENZONA INSURANCE AND 13 MAURICE STANLEY'S SECOND PROGRESSIVE CASUALTY SUPPLEMENTAL DISCLOSURE 14 INSURANCE COMPANY, a foreign STATEMENT corporation; et. al., 15 Defendants. (Before the Honorable Roslyn O. Silver) 16 17 18 NOTICE IS HEREBY GIVEN that Defendants Glenzona Insurance and Maurice 19 Stanley, by and through undersigned counsel, on December 12, 2017, served their Second 20 Supplemental Disclosure Statement pursuant to Rule 26(a)(1), Federal Rules of Civil 21 Procedure. Service was made by Email and U.S. mail on counsel of record for this matter. 22 DATED this 15th day of December, 2017. 23 LEWIS BRISBOIS BISGAARD & SMITH LLP 24 By /s/ Pamela A. Hostallero 25 Sean P. Healy Pamela A. Hostallero 26 Attorneys for Defendant Glenzona Insurance and Maurice Stanley 27 28 4831-5293-6024.1 LEWIS BRISBOIS BISGAARD & SMITH LLP 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the 15th day of December, 2017, I electronically transmitted 3 the foregoing document to the Clerk's Office using the CM/ECF System for filing and 4 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 5 John T. Aragon, Esq. Ryan Skiver, Esq. The Aragon Law Office The Skiver Law Firm 6 P.O. Box 8654 3200 N. Hayden Rd., Ste. 220 Surprise, AZ 85374 Scottsdale, AZ 85251 7 Phone: 623-214-1527 Phone: 480-626-1667 8 Fax: 623-214-1578 Fax: 480-482-7285 johnavocat@gmail.com rskiver@skiverlawfirm.com; 9 johnavocat@yahoo.com Attorney for Plaintiff Attorney for Plaintiff 10 Steven J. Hulsman, Esq. J. Matthew Donohue, Esq. 11 Jared Lynn Sutton, Esq. Shannon Armstrong Lewis Roca Rothgerber LLP Holland & Knight LLP 12 201 E. Washington St., Suite 1200 2300 U.S. Bancorp Tower Phoenix, AZ 85004-2595 111 S.W. Fifth Avenue 13 Phone: 602-262-5313 Portland, OR 97204 14 Fax: 602-734-3769 Main: 503.243.2300 SHulsman@LRRLaw.com Matt.Donohue@hklaw.com 15 JSutton@lrrlaw.com Shannon.Armstrong@hklaw.com Attorneys for Defendants Progressive Attorneys for Defendants Progressive 16 17 /s/Marcy McAlister 18 200.11839 19 20 21 22 23 24 25 26 27 28 4831-5293-6024.1 2

NOTICE of Service of Discovery filed by Glenzona Insurance.

1 SEAN P. HEALY, SB# 018393 E-Mail: Sean.Healy@lewisbrisbois.com PAMELA A. HOSTALLERO, SB# 027416 2 E-Mail: Pamela.Hostallero@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 3 Phoenix Plaza Tower II 2929 North Central Avenue, Suite 1700 4 Phoenix, Arizona 85012-2761 Telephone: 602.385.1040 5 Facsimile: 602.385.1051 Firm email: azdocketing@lewisbrisbois.com 6 Attorneys for Defendant Glenzona Insurance and Mo Stanley 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF ARIZONA 10 SEBERAINO JIMENEZ, a single man, 2:15-cv-01187-PHX-ROS 11 Plaintiff, NOTICE OF DEFENDANTS 12 vs. GLENZONA INSURANCE AND 13 MAURICE STANLEY'S SECOND PROGRESSIVE CASUALTY SUPPLEMENTAL EXPERT 14 INSURANCE COMPANY, a foreign DISCLOSURE STATEMENT corporation; et. al., 15 Defendants. (Before the Honorable Roslyn O. Silver) 16 17 18 NOTICE IS HEREBY GIVEN that Defendants Glenzona Insurance and Maurice 19 Stanley, by and through undersigned counsel, on December 12, 2017, served their Second 20 Supplemental Expert Disclosure Statement pursuant to Rule 26(a)(1), Federal Rules of 21 Civil Procedure. Service was made by Email and U.S. mail on counsel of record for this 22 matter. 23 DATED this 15th day of December, 2017. 24 LEWIS BRISBOIS BISGAARD & SMITH LLP 25 By /s/ Pamela A. Hostallero 26 Sean P. Healy Pamela A. Hostallero 27 Attorneys for Defendant Glenzona Insurance and Maurice Stanley 28 4843-2786-5432.1 LEWIS BRISBOIS BISGAARD & SMITH LLP 1 CERTIFICATE OF SERVICE 2 I hereby certify that on the 15th day of December, 2017, I electronically transmitted 3 the foregoing document to the Clerk's Office using the CM/ECF System for filing and 4 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 5 John T. Aragon, Esq. Ryan Skiver, Esq. The Aragon Law Office The Skiver Law Firm 6 P.O. Box 8654 3200 N. Hayden Rd., Ste. 220 Surprise, AZ 85374 Scottsdale, AZ 85251 7 Phone: 623-214-1527 Phone: 480-626-1667 8 Fax: 623-214-1578 Fax: 480-482-7285 johnavocat@gmail.com rskiver@skiverlawfirm.com; 9 johnavocat@yahoo.com Attorney for Plaintiff Attorney for Plaintiff 10 Steven J. Hulsman, Esq. J. Matthew Donohue, Esq. 11 Jared Lynn Sutton, Esq. Shannon Armstrong Lewis Roca Rothgerber LLP Holland & Knight LLP 12 201 E. Washington St., Suite 1200 2300 U.S. Bancorp Tower Phoenix, AZ 85004-2595 111 S.W. Fifth Avenue 13 Phone: 602-262-5313 Portland, OR 97204 14 Fax: 602-734-3769 Main: 503.243.2300 SHulsman@LRRLaw.com Matt.Donohue@hklaw.com 15 JSutton@lrrlaw.com Shannon.Armstrong@hklaw.com Attorneys for Defendants Progressive Attorneys for Defendants Progressive 16 17 /s/Marcy McAlister 18 200.11839 19 20 21 22 23 24 25 26 27 28 4843-2786-5432.1 2

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Description
1
06/26/2015
NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2015- 050206. Filing fee received: $400.00, receipt number 0970-11833958 filed by Progressive Preferred Insurance Company, Progressive Casualty Insurance Company, Progressive Advanced Insurance Company. (submitted by Jared Sutton)
1
Exhibit
2
Civil Cover Sheet
3
Supplemental Cover Sheet) (ACL
3 Attachments
06/26/2015
*****State Court record received on 6/26/2015*****SERVICE EXECUTED filed by Plaintiff: Certificate of Service of Summons and Complaint upon Progressive Casualty Insurance Company, Progressive Advanced Insurance Company, Progressive Preferred Insurance Company, Coventry Health and Life Insurance Company, and Glenzona Insurance on 5/27/2015.***** Certificate of service filed in State Court on 5/28/2015, docketed in U.S. District Court on 6/26/2015 for case management purposes.***** (ACL) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
2
06/26/2015
NOTICE TO FILER OF DEFICIENCY re: 1 Notice of Removal filed by Progressive Casualty Insurance Company, Progressive Advanced Insurance Company and Progressive Preferred Insurance Company. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
3
06/26/2015
Filing fee paid, receipt number 0970-11833958. This case has been assigned to the Honorable Michelle H. Burns. All future pleadings or documents should bear the correct case number: CV-15-1187-PHX-MHB. Magistrate Election form attached.
1
Consent) (ACL
1 Attachment
4
06/26/2015
NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Progressive Advanced Insurance Company, Progressive Casualty Insurance Company and Progressive Preferred Insurance Company.
5
06/29/2015
Additional Attachments to Main Document re: 1 Notice of Removal : Civil Cover Sheet by Defendants Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
6
06/29/2015
Corporate Disclosure Statement by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
7
06/30/2015
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Notice of Removal (First Request).
1
Text of Proposed Order
1 Attachment
8
07/01/2015
MOTION for Admission Pro Hac Vice as to attorney Christopher Chorba on behalf of defendants Coventry Health and Life Insurance Company, and First Health Group Corporation.
07/01/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160261 as to Christopher Chorba. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
9
07/01/2015
ORDER pursuant to General Order 09-08 granting 8 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.)
10
07/01/2015
ORDER granting 7 Stipulation For Extension of Time: If Plaintiff decides to file a motion for remand, that motion shall be filed by no later than July 27, 2015. If Plaintiff decides to file a motion for remand, the deadline for Defendants to answer, file a motion to dismiss, or otherwise respond to Plaintiff's Complaint shall be twenty-one (21) days after the Court rules on Plaintiff's motion to remand. If Plaintiff decides not to file a motion for remand, then Plaintiff shall notify Defendants as promptly as possible (but no later than July 27, 2015), and the deadline for Defendants to answer, file a motion to dismiss, or otherwise respond to Plaintiff's Complaint shall be August 17, 2015. See Order for further deadlines and details. Signed by Magistrate Judge Michelle H Burns on 7/1/15.
11
07/01/2015
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
12
07/02/2015
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Roslyn O. Silver. All further pleadings/papers should now list the following COMPLETE case number: CV-15-1187-PHX-ROS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
13
07/06/2015
MOTION for Admission Pro Hac Vice as to attorney J Matthew Donohue on behalf of Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, and Progressive Preferred Insurance Company.
07/06/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160347 as to J Matthew Donohue. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
14
07/06/2015
MOTION for Admission Pro Hac Vice as to attorney Kristin M Malone on behalf of Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, and Progressive Preferred Insurance Company.
07/06/2015
PRO HAC VICE FEE PAID. $ 35, receipt number PHX160348 as to Kristin N Malone. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
15
07/06/2015
ORDER pursuant to General Order 09-08 granting 13 Motion for Admission Pro Hac Vice; granting 14 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.)
16
07/07/2015
Corporate Disclosure Statement by Coventry Health and Life Insurance Company, First Health Group Corporation.
17
07/07/2015
NOTICE of Appearance by James Glenn Bennett on behalf of Glenzona Insurance.
18
08/06/2015
NOTICE of Attorney Substitution by Lindsey M Gomez-Gray.
19
08/12/2015
AMENDED COMPLAINT against All Defendants filed by Seberaino Jimenez.
20
08/13/2015
Corporate Disclosure Statement by Glenzona Insurance.
21
08/17/2015
*STIPULATION re: 10 Order to Modify Prior Stipulated Order by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
1
Text of Proposed Order Proposed Order) *Document filed in error, attorney filed corrected document at (doc. 22) on 8/17/2015 (ACL
1 Attachment
22
08/17/2015
STIPULATION re: 10 Order on Stipulation CORRECTED - to Modify Prior Stipulated Order by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
1
Text of Proposed Order Proposed Order
1 Attachment
23
08/18/2015
ORDER that stipulation 22 is APPROVED, and the August 31, 2015 deadline for Defendants to respond to the Amended Complaint is AFFIRMED. Signed by Senior Judge Roslyn O Silver on 8/18/2015.
24
08/31/2015
MOTION to Dismiss for Failure to State a Claim by Coventry Health and Life Insurance Company, First Health Group Corporation.
1
Text of Proposed Order
1 Attachment
25
08/31/2015
*NOTICE/Request for Judicial Notice re Doc. 24 by Coventry Health and Life Insurance Company, First Health Group Corporation.
1
Exhibit A
2
Exhibit B
3
Text of Proposed Order) *Modified to correct event type on 9/1/2015 (ACL
3 Attachments
26
08/31/2015
MOTION to Seal Document by Coventry Health and Life Insurance Company, First Health Group Corporation.
1
Affidavit
2
Text of Proposed Order
2 Attachments
27
08/31/2015
SEALED LODGED Proposed Sub-Client Implementation Agreement, 1/1/2009 re: 26 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Coventry Health and Life Insurance Company, First Health Group Corporation.
28
08/31/2015
MOTION to Dismiss Case by Glenzona Insurance, Mo Stanley.
29
08/31/2015
MOTION to Dismiss Party by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
30
08/31/2015
DECLARATION of Kristin M. Malone re: 29 MOTION to Dismiss Party by Defendants Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
1
Exhibit A
2
Exhibit B
2 Attachments
31
09/10/2015
STIPULATION For Extension of Deadline to File Responses to Three Motions to Dismiss; For Extension of Deadline to File Replies by Defendants by Seberaino Jimenez.
1
Text of Proposed Order Proposed Order
1 Attachment
32
09/11/2015
ORDER approving 31 Stipulation. Plaintiff shall respond to all pending Motions to Dismiss (Dockets 24, 28 and 29 no later than 9/24/2015. Defendants shall reply no later than 10/8/2015. Entered by Senior Judge Roslyn O Silver on 9/11/2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
33
09/24/2015
*RESPONSE in Opposition re: 24 MOTION to Dismiss for Failure to State a Claim filed by Seberaino Jimenez. *DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). Attorney noticed on 9/25/2015
34
09/24/2015
AFFIDAVIT of John Aragon re: 33 Response in Opposition to Motion 56(d) Affidavit by Plaintiff Seberaino Jimenez.
35
09/24/2015
*RESPONSE in Opposition re: 28 MOTION to Dismiss Case filed by Seberaino Jimenez.
1
Exhibit Declaration of Exhibits)*DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). Attorney Notified on 9/25/2015 (KGM
1 Attachment
36
09/24/2015
AFFIDAVIT of John Aragon re: 35 Response in Opposition to Motion Rule 56(d) Affidavit by Plaintiff Seberaino Jimenez.
37
09/24/2015
*RESPONSE in Opposition re: 29 MOTION to Dismiss Party filed by Seberaino Jimenez.
1
Declaration of Exhibits)*DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). Attorney Notified on 9/25/2015 (KGM
1 Attachment
38
09/24/2015
AFFIDAVIT of John Aragon re: 37 Response in Opposition to Motion Rule 56(d) Affidavit by Plaintiff Seberaino Jimenez.
39
10/02/2015
ORDER denying 26 Defendants Coventry and First Health's motion to seal portions of the Agreement. Defendants will be permitted to file a renewed motion, if appropriate, by October 12, 2015 [see attached Order for details]. Signed by Senior Judge Roslyn O Silver on 10/2/15.
40
10/08/2015
REPLY to Response to Motion re: 28 MOTION to Dismiss Case filed by Glenzona Insurance.
41
10/08/2015
REPLY to Response to Motion re: 29 MOTION to Dismiss Party filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
42
10/08/2015
*REPLY to Response to Motion re: 24 MOTION to Dismiss for Failure to State a Claim by Defendants Coventry Health and Life Insurance Company, First Health Group Corporation. *Modified to correct event type on 10/9/2015
43
10/12/2015
MOTION to Seal Document by Coventry Health and Life Insurance Company, First Health Group Corporation.
1
Exhibit
2
Affidavit
3
Text of Proposed Order
3 Attachments
44
10/12/2015
SEALED LODGED Proposed Sub-Client Implementation Agreement, 1/1/2009 re: 43 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Coventry Health and Life Insurance Company, First Health Group Corporation.
45
01/07/2016
*NOTICE of Change of Address/Firm Name by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company. *Modified to correct event type on 1/7/2016
46
01/12/2016
ORDER that Coventry's Motion to Dismiss (Doc. 24) is GRANTED; Glenzona's Motion to Dismiss (Doc. 28) is GRANTED in part and DENIED in part; Progressive's Motion to Dismiss (Doc. 29) is GRANTED in part and DENIED in part; Coventry's Motion to Seal (Doc. 43) is DENIED AS MOOT. IT IS FURTHER ORDERED Plaintiff shall have one opportunity to amend his complaint no later than February 12, 2016. The Clerk is directed to enter a judgment of dismissal with prejudice in the event no amended complaint is filed by that date. Signed by Senior Judge Roslyn O Silver on 1/11/16.
47
02/12/2016
AMENDED COMPLAINT Second against All Parties filed by Seberaino Jimenez.
1
Exhibit Exhibit C
2
Exhibit Exhibit D
2 Attachments
48
02/24/2016
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Second Amended Complaint).
1
Text of Proposed Order
1 Attachment
49
02/26/2016
STIPULATION re: 47 Amended Complaint Joint Stipultion Extending time for Progressive and Glenzona Defendants to Respond to Plaintiff's Second Amended Complaint by Progressive Casualty Insurance Company.
1
Text of Proposed Order
1 Attachment
50
02/29/2016
ORDER: IT IS ORDERED the stipulations (Docs. 48, 49) are APPROVED, and the deadline for remaining defendants to answer or otherwise respond to the second amended complaint is extended to and including March 11, 2016. Signed by Senior Judge Roslyn O Silver on 2/29/2016.
51
03/11/2016
MOTION for Admission Pro Hac Vice as to attorney Shannon Armstrong on behalf of Progressive Casualty Insurance Company.
03/11/2016
PRO HAC VICE FEE PAID. $ 35, receipt number PHX169595 as to Shannon Armstrong. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Text entry; no document attached.)
52
03/11/2016
ORDER pursuant to General Order 09-08 granting 51 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.)
53
03/11/2016
MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss Party by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Group Of Insurance Companies, Progressive Preferred Insurance Company.
1
Exhibit A
1 Attachment
54
03/11/2016
MOTION to Dismiss Counts/Claims : Counts One, Six and Nine Defendants Glenzona Insurance's and Maurice Stanley's Motion to Dismiss the Second Amended Complaint by Glenzona Insurance.
55
03/11/2016
MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint by Coventry Health and Life Insurance Company, First Health Group Corporation.
1
Text of Proposed Order
1 Attachment
56
03/11/2016
* MOTION re: Request for Judicial Notice by Coventry Health and Life Insurance Company, First Health Group Corporation re: 55 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint.
1
Exhibit
2
Text of Proposed Order) *Modified to correct event type on 3/14/2016 (KGM
2 Attachments
57
03/11/2016
MOTION to Seal Document by Coventry Health and Life Insurance Company, First Health Group Corporation.
1
Affidavit
2
Text of Proposed Order
2 Attachments
58
03/11/2016
*LODGED SEALED Proposed Sub-Client Implementation Agreement, 1/1/2009 re: 57 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Coventry Health and Life Insurance Company, First Health Group Corporation. *Modified restriction to seal on 3/14/2016 (SCH). (Modified on 5/11/2016 to reflect duplicate of 59 (MAP)*.
59
03/11/2016
*FILED at Doc. 73 *SEALED LODGED Proposed Sub-Client Implementation Agreement, 1/1/2009 re: 57 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Coventry Health and Life Insurance Company, First Health Group Corporation. *Modified on 5/11/2016 (MAP)*.
60
03/24/2016
NOTICE of Errata re: 47 Amended Complaint by Plaintiff Seberaino Jimenez.
1
Exhibit Exhibit A Corrected Caption Page
2
Exhibit Exhibit B Corrected Page 2
3
Exhibit Exhibit C Corrected Page 6
4
Exhibit Exhibit D Corrected Pages 19, 22-30
4 Attachments
61
03/28/2016
*RESPONSE to Motion re: 53 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Party filed by Seberaino Jimenez.
1
Affidavit Rule 56(d) Affidavit) *DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). Attorney notified on 3/29/2016 (KGM
1 Attachment
62
03/28/2016
*RESPONSE to Motion re: 54 MOTION to Dismiss Counts/Claims : Counts One, Six and Nine Defendants Glenzona Insurance's and Maurice Stanley's Motion to Dismiss the Second Amended Complaint filed by Seberaino Jimenez.
1
Affidavit Rule 56(d) Affidavit) *Modified to correct event type on 3/29/2016 (KGM
1 Attachment
63
03/28/2016
*RESPONSE to Motion re: 54 MOTION to Dismiss Counts/Claims : Counts One, Six and Nine Defendants Glenzona Insurance's and Maurice Stanley's Motion to Dismiss the Second Amended Complaint filed by Seberaino Jimenez.
1
Affidavit Rule 56(d) Affidavit) *Modified to reflect document is duplicative of Doc. 62 on 3/29/2016 (KGM
1 Attachment
64
03/28/2016
RESPONSE to Motion re: 55 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint filed by Seberaino Jimenez.
1
Affidavit Rule 56(d) Affidavit
1 Attachment
65
03/28/2016
NOTICE of Errata re: 62 Reply to Response to Motion by Plaintiff Seberaino Jimenez.
66
04/04/2016
REPLY to Response to Motion re: 54 MOTION to Dismiss Counts/Claims : Counts One, Six and Nine Defendants Glenzona Insurance's and Maurice Stanley's Motion to Dismiss the Second Amended Complaint filed by Glenzona Insurance, Mo Stanley.
67
04/07/2016
REPLY to Response to Motion re: 55 MOTION to Dismiss for Failure to State a Claim re Second Amended Complaint filed by Coventry Health and Life Insurance Company, First Health Group Corporation.
68
04/07/2016
REPLY to Response to Motion re: 53 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss Party filed by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
69
04/11/2016
MOTION for Leave to File Motion to File Surreply by Seberaino Jimenez.
70
04/11/2016
*LODGED Proposed Appendix A Surreply re: 69 MOTION for Leave to File Motion to File Surreply. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Seberaino Jimenez. Modified on 4/12/2016
71
04/12/2016
ORDER denying 69 Plaintiff's Motion for Leave to File Surreply. Ordered by Senior Judge Roslyn O. Silver.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
72
05/11/2016
ORDER granting 57 Motion to Seal Portions of the Agreement. Coventry and First Health will file a copy of the Agreement with the provisions identified in their motion redacted. Signed by Senior Judge Roslyn O Silver on 5/10/16.
73
05/11/2016
Sealed Sub-Client Implementation Agreement by Coventry Health and Life Insurance Company, First Health Group Corporation.
74
06/17/2016
NOTICE re: Filing of Redacted Document by Coventry Health and Life Insurance Company, First Health Group Corporation re: 56 MOTION, 72 Order on Motion to Seal Document.
75
10/03/2016
ORDER - Progressive and Coventry's motions to dismiss (Doc. 53, 55) are GRANTED in their entirety. Glenzona's 54 motion to dismiss is GRANTED IN PART and DENIED IN PART. Counts One, Two, Three, Four, Five, Eight, and Nine are DISMISSED. FURTHER ORDERED Coventry's 56 request for judicial notice is DENIED AS MOOT. Signed by Senior Judge Roslyn O Silver on 10/03/2016.
76
10/17/2016
*AMENDED COMPLAINT Plaintiff's Third Amended Complaint against All Defendants filed by Seberaino Jimenez. *Document is not in compliance with LRCiv 7.1(c); attorney notified on 10/18/2016. Modified to reflect document filed with incorrect case caption
77
10/28/2016
STIPULATION of Dismissal of Count One as to Defendants Glenzona and Stanley only by Seberaino Jimenez.
1
Text of Proposed Order Order to Dismiss Count One as to Defendants Glenzona and Stanley only
1 Attachment
78
10/28/2016
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 76 Amended Complaint by Seberaino Jimenez.
1
Text of Proposed Order Order to Extend Time to Answer Third Amended Complaint
1 Attachment
79
10/28/2016
ORDER: Pursuant to the Parties' Stipulation to Extend Time to Answer Plaintiff's Third Amended Complaint (First Request) and good cause appearing, IT IS ORDERED the stipulation (Doc. 78) is GRANTED. The time to Answer Plaintiff's Third Amended Complaint is extended through and including November 10, 2016. Signed by Senior Judge Roslyn O Silver on 10/28/2016.
80
11/04/2016
ORDER: IT IS ORDERED the Parties' Stipulation to Dismiss Count One, Breach of Contract, as to Defendants Glenzona and Maurice "MO" Stanley Only (Doc. 77) is DENIED. See attached Order for details. Signed by Senior Judge Roslyn O Silver on 11/4/2016.
81
11/10/2016
MOTION to Dismiss Counts/Claims : One by Glenzona Insurance, Mo Stanley.
1
Text of Proposed Order
1 Attachment
82
11/10/2016
ANSWER to 76 Amended Complaint and Affirmative Defenses by Progressive Advanced Insurance Company, Progressive Casualty Insurance Company, Progressive Preferred Insurance Company.
83
11/14/2016
RESPONSE to Motion re: 81 MOTION to Dismiss Counts/Claims : One filed by Seberaino Jimenez.
84
11/16/2016
REPLY to Response to Motion re: 81 MOTION to Dismiss Counts/Claims : One or, in the Alternative, to Strike Count One as to Defendants Glenzona Insurance and Maurice Stanley Only filed by Glenzona Insurance, Mo Stanley.
85
11/16/2016
ORDER: Rule 16 Scheduling Conference set for 1/20/2017 at 11:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. See attached Order for details. Signed by Senior Judge Roslyn O Silver on 11/15/2016.
86
01/09/2017
REPORT of Rule 26(f) Planning Meeting by Seberaino Jimenez.
1
Text of Proposed Order Scheduling Order
1 Attachment
87
01/20/2017
ORDER granting 81 Motion to Dismiss Counts/Claims as to Glenzona and Stanley from Count One of Plaintiffs Third Amended Complaint with prejudice. Signed by Senior Judge Roslyn O Silver on 1/20/17.
88
01/20/2017
MINUTE ENTRY for proceedings held before Senior Judge Roslyn O Silver: Scheduling Conference held on 1/20/2017. Deadlines discussed. The parties are directed to meet, confer, and resolve any issues discussed on the record today. The parties shall also meet and confer regarding the dates in their proposed order and determine whether or not those dates need to be amended, what those amendments should be, and the parties should stipulate to as much as possible. The parties are further directed to submit to the Court their corrected/amended, if necessary, rule 16 order by 1/27/17. APPEARANCES: John Aragon and Ryan Skiver for Plaintiff. Sean Healy for Defendants Mo Stanley and Glenzona Insurance. Shannon Armstrong and Matthew Donohue for Defendant Progressive Preferred Insurance Company. (Court Reporter Elva Cruz-Lauer.) Hearing held 11:18 AM to 12:06 PM This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
89
01/24/2017
Defendants Glenzona Insurance's and Mo Stanley's ANSWER to 76 Amended Complaint by Glenzona Insurance, Mo Stanley.
90
01/27/2017
NOTICE re: Notice of Counsel's Conference by Seberaino Jimenez re: 88 Scheduling Conference, Set Deadlines, Common Prompts (Text Only).
1
Text of Proposed Order Scheduling Order
1 Attachment
91
01/30/2017
TRANSCRIPT REQUEST by Progressive Preferred Insurance Company for proceedings held on 01/20/2017, Judge Roslyn O Silver hearing judge(s).
92
02/02/2017
** MODIFIED BY 114 ** SCHEDULING ORDER: Discovery due by 7/14/2017. Dispositive motions due by 12/15/2017. Proposed Pretrial Order due by 3/21/2018. Status Conference set for 7/28/2017 at 01:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Joint Status Report due by 11/22/2017. Interim Rule 16 Status Conference set for 12/1/2017 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. [See attached Order for details.] Signed by Senior Judge Roslyn O Silver on 2/2/2017. (KAL) Modified on 6/19/2017
93
02/02/2017
NOTICE re: Notice of Initial Disclosures by Progressive Preferred Insurance Company.
94
02/03/2017
*NOTICE of Service of Discovery re: Initial Disclosure Statement by Glenzona Insurance, Mo Stanley. *Modified to correct event type on 2/6/2017
95
02/03/2017
*NOTICE of Service of Discovery re: Plaintiffs Rule 26(a)(1) Initial Disclosure Statement by Seberaino Jimenez. *Modified to correct event type on 2/6/2017
96
02/14/2017
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Ryan Christopher Skiver.
97
02/24/2017
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference proceedings held on 01/20/2017, before Judge Roslyn O. Silver. (Court Reporter: Elva Cruz-Lauer). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2017. Redacted Transcript Deadline set for 3/27/2017. Release of Transcript Restriction set for 5/25/2017.
98
02/27/2017
NOTICE re: of Intent to Serve Subpoenas to Produce Documents by Progressive Preferred Insurance Company.
99
03/01/2017
STATEMENT of Discovery Dispute (Joint) by Defendant Progressive Preferred Insurance Company.
1
Exhibit Stipulated Protective Order
2
Text of Proposed Order Proposed Order Granting Protective Order
2 Attachments
100
03/10/2017
ORDER Entered Pursuant to the Stipulated Protective Order re: Confidential Documents/Information. See PDF for details. Signed by Senior Judge Roslyn O Silver on 3/9/17.
101
03/17/2017
NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.
102
03/28/2017
NOTICE re: of Intent to Serve Subpoena to Produce Documents by Progressive Preferred Insurance Company.
103
03/31/2017
First MOTION for Extension of Time for Plaintiff to Respond to Defendant Progressive's Discovery Requests by Seberaino Jimenez.
1
Text of Proposed Order Proposed Order Granting Extension of Time
1 Attachment
104
04/05/2017
ORDER: The Court having considered the Parties' Stipulation for Extension of Time for Plaintiff to Respond to Defendant Progressive's Discovery Requests, and good cause appearing, IT IS ORDERED the stipulation (Doc. 103) is GRANTED. The deadline for Plaintiff to respond to Defendant Progressive's First Set of Request for Admission, First Set of Interrogatories, and First Request for Production is extended through and including May 21, 2017. Signed by Senior Judge Roslyn O Silver on 4/5/2017.
105
04/21/2017
NOTICE of Service of Discovery filed by Seberaino Jimenez.
106
05/10/2017
STIPULATION for Extension of Time for Defendant Progressive to Respond to Plaintiff's Discovery Requests by Progressive Preferred Insurance Company.
1
Text of Proposed Order Granting Stipulation for Extension of Time for Defendant Progressive to Respond to Plaintiff's Discovery Requests
1 Attachment
107
05/12/2017
NOTICE of Service of Discovery filed by Seberaino Jimenez.
108
05/12/2017
ORDER granting 106 Stipulation: The deadline for Defendant Progressive Preferred Insurance Company to respond to Plaintiff's First Request for Admission, First Set of Interrogatories, and First Request for Production is extended through and including 6/16/17. Signed by Senior Judge Roslyn O Silver on 5/12/17.
109
05/21/2017
*NOTICE of Service of Discovery Answers from Defendant Progressive by Seberaino Jimenez *Modified to correct event on 5/22/2017
110
05/25/2017
STIPULATION for Extension of Time for Defendants Glenzona and Mo Stanley to Respond to Plaintiff's Discovery Requests by Glenzona Insurance, Mo Stanley.
1
Text of Proposed Order proposed Order Granting Stipulation for Extension of Time for Defendants Glenzona and Mo Stanley to Respond to Plaintiff's Discovery Requests
1 Attachment
111
06/07/2017
ORDER - IT IS ORDERED the stipulation (Doc. 110) is DENIED as moot. (See document for further details). Signed by Senior Judge Roslyn O Silver on 6/7/17.
112
06/13/2017
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Shannon L Armstrong.
113
06/14/2017
Joint MOTION for Extension of Time of Case Schedule by Progressive Preferred Insurance Company.
1
Text of Proposed Order
1 Attachment
114
06/16/2017
AMENDED by 120 - ORDER: Pursuant to the Parties' Joint Motion to Extend Case Schedule (First Request) and good cause appearing, IT IS ORDERED the motion (Doc. 113) is GRANTED. IT IS FURTHER ORDERED no later than Wednesday, June 21, 2017, the Parties shall jointly file a proposed Scheduling Order reflecting these revised deadlines. Discovery due by 8/11/2017. [See attached Order for complete details.] Signed by Senior Judge Roslyn O Silver on 6/16/2017. (KAL) Modified on 7/5/2017
115
06/21/2017
REPORT of Amended Rule 16 Scheduling Order re: 114 by Defendant Progressive Preferred Insurance Company.
116
06/21/2017
NOTICE of Attorney Withdrawal of Kristin M. Malone filed by Shannon L Armstrong.
117
06/22/2017
NOTICE of Service of Discovery filed by Glenzona Insurance, Mo Stanley.
118
06/26/2017
NOTICE of Service of Discovery filed by Glenzona Insurance, Mo Stanley.
119
06/30/2017
NOTICE of Service of Discovery filed by Glenzona Insurance, Mo Stanley.
120
07/05/2017
AMENDED RULE 16 SCHEDULING ORDER: Fact Discovery due by 8/11/2017. Dispositive motions due by 12/15/2017. Joint Proposed Pretrial Order due by 3/21/2018. Joint Status Report due by 11/22/2017. Interim Status Conference set for 7/28/2017 at 01:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Interim Status Conference set for 12/1/2017 at 10:00 AM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O Silver. Signed by Senior Judge Roslyn O Silver on 7/5/17.
121
07/10/2017
NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.
122
07/14/2017
*Joint MOTION to Vacate and Reset the July 28, 2017 Status Conference by Glenzona Insurance, Mo Stanley.
1
Text of Proposed Order) *Modified to add additional filer on 7/17/2017 (REK
1 Attachment
123
07/14/2017
NOTICE re: Discovery and Settlement by Progressive Preferred Insurance Company.
124
07/17/2017
ORDER granting 122 Motion to Vacate. The status conference set for July 28, 2017, is VACATED. Signed by Senior Judge Roslyn O Silver on 7/14/2017.
125
08/29/2017
NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.
126
08/30/2017
NOTICE of Appearance by Ryan Christopher Skiver on behalf of Seberaino Jimenez.
127
09/08/2017
NOTICE of Service of Discovery filed by Seberaino Jimenez.
128
10/20/2017
NOTICE of Service of Discovery filed by Glenzona Insurance, Mo Stanley.
129
10/20/2017
NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.
130
10/23/2017
NOTICE of Service of Discovery filed by Seberaino Jimenez.
131
11/02/2017
NOTICE of Service of Discovery filed by Progressive Preferred Insurance Company.
132
11/08/2017
IT IS ORDERED the Interim Status Conference presently set for 12/01/2017 at 10:00 AM is RESET AS TO TIME ONLY!! The Status Conference is now set for 01:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O. Silver. Ordered by Senior Judge Roslyn O. Silver. (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
133
11/14/2017
NOTICE re: SECOND NOTICE OF DISCOVERY AND SETTLEMENT by Progressive Preferred Insurance Company.
134
11/22/2017
STATUS REPORT for Interim Rule 16 Conference by Progressive Preferred Insurance Company.
135
11/22/2017
NOTICE of Service of Discovery filed by Seberaino Jimenez.
136
11/28/2017
STATUS REPORT SUPPLEMENTAL JOINT STATUS REPORT FOR INTERIM RULE 16 CONFERENCE by Progressive Preferred Insurance Company.
137
11/29/2017
ORDER the Interim Status Conference presently set for December 1, 2017, at 1:30 PM is VACATED and RESET for January 12, 2018, at 1:30 PM in Courtroom 604, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Roslyn O. Silver. An Amended Scheduling Order is due 12/8/17. IT IS FURTHER ORDERED the Clerk of Court shall terminate and dismiss Defendants Coventry Health and Life Insurance Company and First Health Group Corporation. (See Order for details). Signed by Senior Judge Roslyn O Silver on 11/29/17.
138
12/04/2017
NOTICE OF ATTORNEY SUBSTITUTION: Pamela A. Hostallero appearing for Glenzona Insurance, Mo Stanley. Attorney Lindsey M Gomez-Gray terminated.
139
12/08/2017
REPORT of SECOND AMENDED RULE 16 SCHEDULING ORDER by Defendant Progressive Preferred Insurance Company.
140
12/13/2017
SECOND AMENDED RULE 16 SCHEDULING ORDER: Dispositive motions due by 1/19/2018. Joint Proposed Pretrial Order due by 3/21/2018. Joint Status Report due by 1/5/2018. Interim Rule 16 Status Conference set for 1/12/2018 at 01:30 PM See document for further details. Signed by Senior Judge Roslyn O Silver on 12/13/2017.
141
12/15/2017
NOTICE of Service of Discovery filed by Glenzona Insurance.
142
12/15/2017
NOTICE of Service of Discovery filed by Glenzona Insurance.
189
05/16/2018
Order
190
05/17/2018
Reply to Response to Motion
191
05/17/2018
Declaration
192
05/17/2018
Declaration
193
05/17/2018
Declaration
194
05/23/2018
Order on Motion to Seal Document
195
05/24/2018
Reply to Response to Motion
05/25/2018
Order (Text entry; no document attached.)
05/25/2018
~Util - Set/Reset Deadlines/Hearings (Text entry; no document attached.)
197
06/20/2018
Supplement
198
07/06/2018
Report - Status
199
07/10/2018
Order
200
07/10/2018
Clerks Judgment
201
07/28/2018
Notice of Appearance/Association of Counsel
202
07/28/2018
Notice of Appeal
203
07/30/2018
USCA Case Number
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