1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

ANNA GONZALEZ and RONALD K. PAGE, 

on behalf of themselves and all others similarly 

situated,

Plaintiffs,

v.

STATE FARM LIFE INSURANCE 

COMPANY,

Defendant.

Civil Action No. SA-20-CV-617-FB

UNOPPOSED MOTION FOR LEAVE TO FILE 

FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT

Plaintiffs Anna Gonzalez and Ronald K. Page (“Plaintiffs”) hereby file this Unopposed 

Motion for Leave to File First Amended Consolidated Class Action Complaint1and state as 

follows:

1. On May 11, 2020, Plaintiff Page filed a class action lawsuit against State Farm Life 

Insurance Company (“State Farm”) in the Southern District of Texas, Corpus Christi Division. See 

Page v. State Farm Life Ins. Co., No. 2:20-cv-00110, Doc. 1 (S.D. Tex. May 11, 2020).

2. On May 22, 2020, Plaintiff Gonzalez filed the instant class action lawsuit against 

State Farm in this Court. See Doc. 1.

3. On June 19, 2020, State Farm moved to transfer the Page lawsuit to this Court. See 

Page, Doc. 18. Plaintiff Page did not oppose the motion to transfer under 28 U.S.C. § 1404(a) to 

1 The proposed First Amended Consolidated Class Action Complaint is attached hereto as Exhibit 

A.

Case 5:20-cv-00617-FB-ESC Document 71 Filed 03/01/21 Page 1 of 5
2

avoid duplicative litigation proceeding in two different forums. Id., Doc. 22. Accordingly, the 

Southern District of Texas transferred the Page lawsuit to this Court pursuant to 28 U.S.C. § 

1404(a). Id., Doc. 25.

4. On August 17, 2020, State Farm filed an unopposed motion to consolidate the two 

lawsuits. See Doc. 41. This Court recognized that “both cases are nearly identical and involve the 

same defendant and a common question of law and fact,” and thus, consolidated the cases. See 

Doc. 42.

5. On December 15, 2020, Plaintiffs filed an unopposed motion for leave to file a 

consolidated class action complaint. Doc. 62. The following day the Court granted the unopposed 

motion, and the Clerk filed the consolidated class action complaint. Doc. 64.

6. On December 18, 2020, the Court entered a Scheduling Order that set a deadline 

for the parties to file motions to amend or supplement pleadings by March 1, 2021. Doc. 67 at ¶ 3. 

7. On December 21, 2020, Plaintiffs provided the applicable written notice to 

Defendant pursuant to the Texas Business & Commerce Code section 17.41 et seq., and the Texas 

Insurance Code, Texas Insurance Code section 541 et seq., which are prerequisites to filing claims 

for damages under these sections. 

8. Because more than 60 days have elapsed since Plaintiffs provided Defendant 

written notice and the alleged violations of the Texas Insurance Code and Texas Deceptive Trade 

Practices-Consumer Protection Act have not been remedied, Plaintiffs respectfully request leave 

to amend their consolidated complaint to include claims for violations of the Texas Insurance Code 

and Texas Deceptive Trade Practices-Consumer Protection Act, and for breach of the duty of good 

faith and fair dealing. 

Case 5:20-cv-00617-FB-ESC Document 71 Filed 03/01/21 Page 2 of 5
3

9. Rule 15 states, in relevant part, “a party may amend its pleading only with the 

opposing party’s written consent or the court’s leave. The court should freely give leave when 

justice so requires.” Fed. R. Civ. P. 15(a)(2). Plaintiffs’ counsel conferred with State Farm’s 

counsel on February 24, 2021. State Farm’s counsel stated that State Farm does not oppose the 

filing of Plaintiff’s First Amended Consolidated Class Action Complaint that includes additional 

claims for breach of the duty of good faith and fair dealing and violations of the Texas Insurance 

Code and Texas Deceptive Trade Practices-Consumer Protection Act. State Farm confirmed its 

non-opposition in writing. Thus, this motion is filed as unopposed.

Accordingly, Plaintiffs respectfully request that this unopposed motion be granted, and that 

leave is granted to file the First Amended Consolidated Class Action Complaint attached hereto 

as Exhibit A.2

2

In accordance with Rule CV-7(b), if this unopposed motion for leave is granted, the Clerk will 

promptly file the First Amended Consolidated Class Action Complaint.

Case 5:20-cv-00617-FB-ESC Document 71 Filed 03/01/21 Page 3 of 5
4

Dated: March 1, 2021 Respectfully submitted,

STUEVE SIEGEL HANSON LLP

/s/ Ethan M. Lange

Norman E. Siegel (admitted pro hac vice)

siegel@stuevesiegel.com

Ethan M. Lange (Tex. Bar No. 24064150)

lange@stuevesiegel.com

460 Nichols Road, Suite 200

Kansas City, Missouri 64112

Tel: 816-714-7100

Fax: 816-714-7101

John J. Schirger (admitted pro hac vice)

jschirger@millerschirger.com

Matthew W. Lytle (admitted pro hac vice)

mlytle@millerschirger.com

Joseph M. Feierabend (admitted pro hac vice)

jfeierabend@millerschirger.com

MILLER SCHIRGER, LLC 

4520 Main Street, Suite 1570

Kansas City, Missouri 64111

Tel: 816-561-6500

Fax: 816-561-6501

James T. Clancy (Tex. Bar No. 00795292)

jclancy@branscomblaw.com

BRANSCOMB, PLLC 

802 N. Carancahua, Suite 1900

Corpus Christi, TX 78401-0036

Tel: (361) 886-3800

Fax: (361) 886-3805

James J. Pizzirusso (admitted pro hac vice)

jpizzirusso@hausfeld.com

Nathaniel C. Giddings (admitted pro hac vice)

ngiddings@hausfeld.com

Melinda R. Coolidge (admitted pro hac vice)

mcoolidge@hausfeld.com

HAUSFELD LLP

1700 K Street, NW

Washington, DC 20006

Tel: (202) 540-7200

Fax: (202)540-7201

Case 5:20-cv-00617-FB-ESC Document 71 Filed 03/01/21 Page 4 of 5
5

 

Attorneys for Plaintiffs Ronald K. Page and Anna 

Gonzalez

CERTIFICATE OF SERVICE

I hereby certify that on March 1, 2021, I caused a true and correct copy of the foregoing to 

be filed on the Court’s CM/ECF system, which served notice on all counsel of record.

/s/ Ethan M. Lange

Ethan M. Lange

CERTIFICATE OF CONFERENCE

I hereby certify that on February 24, 2021, I conferred with counsel for State Farm 

regarding the aforementioned motion. Counsel for State Farm stated that State Farm does not 

oppose the filing of the First Amended Consolidated Class Action Complaint. State Farm’s counsel

confirmed State Farm’s non-opposition in writing. Accordingly, this motion is filed as unopposed.

/s/ Ethan M. Lange

Ethan M. Lange

Case 5:20-cv-00617-FB-ESC Document 71 Filed 03/01/21 Page 5 of 5