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Evan S. Goldstein (#011866)

Christi A. Woods (#022770)

Hesam Alagha (#026607)

HERMAN | GOLDSTEIN

1850 East Thunderbird

Phoenix, Arizona 85022

(602) 569-8200

egoldstein@hgfirm.com

cwoods@hgfirm.com

halagha@hgfirm.com

meo@hgfirm.com

Attorneys for Defendant Allstate Fire & Casualty Ins. Co.

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Linda Cogdill,

Plaintiff,

v.

Allstate Fire and Casualty Insurance

Company,

Defendants.

Case No.: 

DEFENDANT’S NOTICE OF 

REMOVAL

Defendants, Allstate Fire and Casualty Insurance Company (hereinafter 

“Allstate”), through undersigned counsel, hereby gives notice it has removed this case 

from the Maricopa County Superior Court to this Court pursuant to 28 U.S.C. §§ 1441 

and 1446, and Arizona District Court Local Rule 3.7, based on diversity of citizenship 

under 28 U.S.C. § 1332(a)(1).

1. This lawsuit arises out of alleged claims of Breach of Contract and Breach 

of the Duty of Good Faith and Fair Dealing related to Defendant Allstate’s handling of 

Plaintiff’s insurance claim. 

2. Plaintiff filed her Complaint in the Maricopa County Superior Court. A 

copy of the Summons and Complaint was served upon the Director of Insurance on 

Case 2:17-cv-04291-MHB Document 1 Filed 11/22/17 Page 1 of 3
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October 26, 2017. The Maricopa County Superior Court action is entitled LINDA 

COGDILL, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,

Defendants, Cause No. CV2017-014110.

3. Plaintiff, Linda Cogdill is a resident of the State of Arizona. 

4. Defendant, Allstate Fire and Casualty Insurance Company, is an Illinois 

Corporation with its principal place of business and headquarters in Illinois.

5. Complete diversity exists under 28 U.S.C. § 1332(a)(1) because Plaintiff, 

Ms. Cogdill is a citizen of Arizona and Defendant Allstate is a citizen of Illinois.

6. The amount in controversy, exclusive of interest and costs, exceeds the 

sum of $75,000. Accordingly, this Court has jurisdiction pursuant to 28 U.S.C. § 1332.

7. Defendant removed this lawsuit within 30 days after it received notice of 

the lawsuit by service of process. See 28 U.S.C. § 1446(b)(1). Therefore, the Notice of 

Removal is timely.

8. Defendant has provided a copy of this Notice of Removal to Plaintiff and 

has filed a copy of the Notice of Removal with the Clerk of the Maricopa County 

Superior Court, pursuant to 28 U.S.C. § 1446(d) and Arizona District Court local Rule 

3.6(a). Exhibit A is a copy of the Notice of Removal that Defendant has filed with the 

Maricopa County Superior Court.

9. Pursuant to 28 U.S.C. § 1446(a) and Arizona District Court Local Rule 

3.6(b), Defendant has attached copies of all process, pleadings and orders served upon 

them and all pleadings filed by all parties with the Maricopa County Superior Court 

prior to this Notice of Removal. Exhibit B is a copy of these documents. Exhibit C is 

attorney Evan S. Goldstein’s Affidavit that to the best of his knowledge and belief, 

Exhibit B contains true and complete copies of all documents filed in the state 

court proceedings.

Case 2:17-cv-04291-MHB Document 1 Filed 11/22/17 Page 2 of 3
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Dated this 22nd day of November, 2017.

HERMAN | GOLDSTEIN

By: /s/ Evan S. Goldstein

Evan S. Goldstein

Christi A. Woods

Hesam Alagha

1850 East Thunderbird

Phoenix, Arizona 85022

Attorneys for Defendant Allstate

CERTIFICATE OF SERVICE 

I hereby certify that on November 22, 2017, I electronically transmitted the 

attached document to the Clerk’s Office using the CM/ECF system for filing, and 

served on counsel of record via the Court’s CM/ECF system.

Clerk of the Court

United States District Court

401 W. Washington St., Suite 130

Phoenix, Arizona 85003

Scott I. Palumbo

PALUMBO WOLFE & PALUMBO, P.C.

2800 N. Central Avenue, Suite 1400

Phoenix, Arizona 85004

Attorneys for Plaintiff

By /s/ Diane Arroyo

Allstate//BF/Cogdill #2/Pleadings – 3001-1329

Case 2:17-cv-04291-MHB Document 1 Filed 11/22/17 Page 3 of 3