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Kevin C. Barrett, State Bar No. 020104 

Amanda J. Taylor, State Bar No. 024006 

Barrett & Matura, P.C. 

8925 East Pima Center Parkway, Suite 100 

Scottsdale, Arizona 85258 

Telephone: (602) 792-5705 

Facsimile: (602) 792-5710 

kbarrett@barrettmatura.com 

ataylor@barrettmatura.com 

Attorneys for Defendant American Family 

Mutual Insurance Company 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

TYLER JACOBSON, an individual, 

CATHY JACOBSON and WILLIAM 

JACOBSON, husband and wife, 

 Plaintiffs, 

v. 

AMERICAN FAMILY MUTUAL 

INSURANCE COMPANY, a foreign 

corporation; KERRY HANSON, an 

individual; KERRY HANSON AGENCY, 

INC., an Arizona corporation; XYZ 

Corporations I-X; and ABC Partnerships I-X, 

 Defendants. 

Case No. CV-17-04373-PHX-GMS 

NOTICE OF REMOVAL 

Defendant American Family Mutual Insurance Company (“American Family”), by 

and through counsel undersigned, submits this Notice of Removal pursuant to 28 U.S.C. § 

1446(a) and provides the following grounds for removal. 

1. This matter was commenced in the Superior Court of the State of Arizona in 

and for the County of Maricopa on October 30, 2017 with the filing of a Complaint, 

Certificate of Arbitration, Demand for Jury Trial, and Offer of Judgment. 

2. The Summons, Affidavit of Service, Complaint, Certificate of Arbitration, 

Civil Cover Sheet, Demand for Jury Trial, Notice of Removal to US District Court, 

Answer, Certificate of Expert Testimony, Stipulation to Dismiss Defendants Kerry 

Case 2:17-cv-04373-GMS Document 22 Filed 04/24/18 Page 1 of 5
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Hanson and Kerry Hanson Agency, Inc., and Order Dismissing Defendants Kerry Hanson 

and Kerry Hanson Agency, Inc. constitutes all process and proceedings filed by either 

party in the Superior Court, copies of which are attached hereto at Exhibit A. 

3. Defendant American Family is a stock insurance company, whose parent 

company is AmFam Holdings, Inc., a wholly owned subsidiary of American Family 

Insurance Mutual Holding Company, a domestic insurance holding company with its 

principal place of business and citizenship in the State of Wisconsin. Plaintiffs Tyler 

Jacobson, Cathy Jacobson, and William Jacobson are residents of the State of Arizona 

[Amended Complaint, CV-17-04373-PHX-GMS Doc.10]. 

4. This action is one over which the United States District Courts have 

jurisdiction pursuant to 28 USC § 1332, by reason of the diversity of the citizenship of the 

parties. 

5. Defendant American Family initially removed this matter to Federal Court 

on November 29, 2017, within 30 days after receipt of the initial pleadings. [CV-17-

04373-PHX-GMS, Doc. 1]. 

6. Thereafter, American Family timely filed its Answer. [Doc. 8]. 

7. On December 27, 2017, Plaintiff Tyler Jacobson filed an Amended 

Complaint adding his parents, Cathy and William Jacobson as plaintiffs, and adding two 

defendants: Kerry Hanson, an Arizona resident, and Kerry Hanson Agency, Inc., an 

Arizona corporation. [Doc. 10]. 

8. The same day, Plaintiffs filed a Motion to Remand this matter back to state 

court. [Doc. 11]. The addition of these two defendants eliminated this Court’s diversity 

jurisdiction and, therefore, Defendant American Family did not oppose the remand. [Doc. 

20]. 

9. This case was remanded to the Arizona State Superior Court on January 11, 

2018. [Doc. 21]. 

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10. On April 13, 2018, the parties stipulated to dismiss Defendants Kerry 

Hanson and Kerry Hanson Agency, Inc. from this matter. (See Stipulation to Dismiss, 

attached as Exhibit A). 

11. On April 23, 2018, an Order was issued granting dismissal with prejudice as 

to Defendants Kerry Hanson and Kerry Hanson Agency, Inc. (See Order Granting 

Stipulation for Dismissal, attached as Exhibit A). 

12. Because of their dismissal, there is once again diversity of the parties and 

this Court will have original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1). 

13. No substantial actions have been taken in this case since its remand and 

there is currently no scheduling order in place. 

14. Defendant American Family has filed this Notice within 30 days after 

receipt of the Stipulation to Dismiss Defendants Kerry Hanson and Kerry Hanson 

Agency, Inc., and within one year after the commencement of the action. Removal is 

therefore timely pursuant to 28 U.S.C. § 1446(b)(3). 

15. The amount in controversy exceeds the requisite $75,000. [Doc. 10]. 

16. A copy of this Notice is being filed with the Clerk of the Superior Court of 

the State of Arizona in and for the County of Maricopa. 

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WHEREFORE, Defendant American Family respectfully requests that this action 

be removed from the Superior Court of Arizona in and for the County of Maricopa to the 

United States District Court for the District of Arizona, and that further proceedings in the 

Superior Court of Arizona in and for the County of Maricopa regarding the action be 

stayed pursuant to 28 U.S.C. § 1446. 

 Dated on April 24, 2018. 

BARRETT & MATURA, P.C. 

 

By: /s/ Kevin C. Barrett 

 Kevin C. Barrett 

 Amanda J. Taylor 

 8925 East Pima Center Parkway 

Suite 100 

 Scottsdale, Arizona 85258 

Attorneys for American Family Insurance 

Company 

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CERTIFICATE OF SERVICE

 I certify that a copy of the foregoing was served on April 24, 2018 through the 

Court’s CM/ECF system on the following parties: 

Brett L. Slavicek 

James E. Fucetola 

Trevor R. Orme 

The Slavicek Law Firm 

5500 N. 24th Street 

Phoenix, Arizona 85016 

Attorneys for Plaintiffs

/s/ Carolyn Harrington

Carolyn Harrington 

Case 2:17-cv-04373-GMS Document 22 Filed 04/24/18 Page 5 of 5