EXHIBIT A 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 1 of 28
DECLARATION 

Ann-Martha Andrews, upon her oath, states as follows: 

1. I am a partner in the law firm of Ogletree, Deakins, Nash, Smoak & 

Stewart P.C. I am the attorney representing the defendants in this matter. 

2. On March 22, 2018, practice assistant Diane Kelly, of my office and under 

my supervision, reviewed the Maricopa County Superior Court docket. 

3. Exhibit 1 consists of true and complete copies of all pleadings and other 

documents filed in the state court proceedings entitled Larry Walters v. Bank of America 

Corporation Short Term Disability Plan, et al., Maricopa County Superior Court Case 

No. CV2018-051670. 

4. I declare under penalty of perjury that the foregoing is true and correct. 

DATED this 22nd day of March 2018. 

/s/ Ann-Martha Andrews 

Ann-Martha Andrews 

33392413.1 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 2 of 28
EXHIBIT 1 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 3 of 28
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Civil Court Case Information - Case History

Case Information 

Case Number: CV2018-051670 Judge: Arbitration 01 | Brnovich 

File Date: 2/16/2018 Location: Northeast 

Case Type: Civil 

Party Information 

Party Name Relationship Sex Attorney 

Larry Walters Plaintiff Male Scott Davis 

Bank Of America Corporation Short Term Disability Plan Defendant Pro Per 

Bank Of American Corporation Defendant Pro Per 

Aetna Life Insurance Company Defendant Pro Per 

Case Documents 

Filing Date Description Docket Date Filing Party 

2/27/2018 AFS - Affidavit Of Service 3/5/2018 

NOTE: AETNA LIFE INSURANCE COMPANY 

2/27/2018 SUM - Summons 3/1/2018 

2/27/2018 SUM - Summons 3/5/2018 

2/27/2018 SUM - Summons 3/5/2018 

2/27/2018 AFS - Affidavit Of Service 3/8/2018 

NOTE: BANK OF AMERICA CORPORATION SHORT TERM DISABILITY PLAN 

2/27/2018 AFS - Affidavit Of Service 3/8/2018 

NOTE: BANK OF AMERICA CORPORATION 

2/16/2018 COM - Complaint 2/22/2018 

2/16/2018 CCS - Cerificate Arbitration - Subject To 2/22/2018 

2/16/2018 CSH - Coversheet 2/22/2018 

Case Calendar 

There are no calendar events on file

Judgments 

There are no judgments on file

Civil Court Case Information - Case History Page 1 of 2

http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2018-...

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 4 of 28
FEB 16 2018 FILED (I I lq 

In the Superior Court of the State of Arizona 

In and For the County of Maricopa _ . 

. Case 

CIVIL 

CV2018-051670 

(Please Type or Print) 

Plaintiff's Attorneys 

Scott E. Davis 

Scott M. Harris 

Attorney's Bar Number Scott Davis: 016160 

Scott Harris: 011524 

Plaintiffs Name(s): (List all) 

LARRY WALTERS 

'nterpreter Needed? 0 Yes ElB1(1 

K. EAN S, C erk 

tzbach; Deputy 

es, language type: 

Attor r Signature 

To the best of my knowledge, all information is true and correct. 

Plaintiffs Address: 

do Scott E. Davis 

Scott M: Harris 

8360 E. Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

(List additional plaintiffs on page two and/or attach a separate sheet). 

Defendants Name(s): (List All) 

BANK OF AMERICA CORPORATION SHORT TERM BANK OF AMERICA CORPORATION 

DISABILITY PLAN 

AETNA LIFE INSURANCE COMPANY 

(List additional defendants on page two and/or attach a separate sheet). 

EMERGENCY ORDER SOUGHT: 0 Temporary Restraining Order 0 Provisional Remedy 

❑OSC 

0Election Challenge 0 Employer Sanction 0 Other 

El RULE 8(i) COMPLEX LITIGATION DOES NOT APPLY. (Mark appropriate box under Nature of Action). 

❑ RULE 8(i) COMPLEX LITIGATION APPLIES Rule 8(i) of the Rules of Civil Procedure defines a "Complex 

Case" as civil actions that require continuous judicial management. A typical case involves a large number of 

witnesses, a substantial amount of documentary evidence, and a large number of separately represented parties. 

(Mark appropriate box on page two as to complexity, in addition to the Nature of Action case category). 

NATURE OF ACTION 

(Place an "X" next to the one case category that most accurately describes your primary case.) 

100 TORT MOTOR VEHICLE: 

0101 Non-Death/Personal Injury 

0102 Property Damage 

0103 Wrongful Death 

110 TORT NON-MOTOR VEHICLE: 

0111 Negligence 

0112 Product Liability — Asbestos 

0112 Product Liability — Tobacco 

0112 Product Liability — Toxic/Other 

0113 Intentional Tort 

0114 Property Damage 

Superior Court of Arizona in Maricopa County 

0115 Legal Malpractice 

0115 Malpractice — Other professional 

0117 Premises Liability 

0118 Slander/Libel/Defamation 

0116 Other (Specify) 

120 MEDICAL MALPRACTICE: 

D 1 2 1 Physician M.D. 0123 Hospital 

0122 Physician D.0 0124 Other 

130 CONTRACTS: 

0131 Account (Open or Stated) 

0132 Promissory Note 

Page 1 of 2 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 5 of 28
❑133 Foreclosure 

❑138 Buyer-Plaintiff 

•+ ❑139 Fraud 

E1134 Other Contract (i.e. Breach of Contract) 

❑135 Excess Proceeds - Sale 

❑Construction Defects (Residential/Commercial) 

(See lower court appeal cover sheet in Maricopa) 

❑150 Tax Appeal 

(All other tax matters must be flied in the AZ Tax 

Court) 

❑136 Six to Nineteen Structures 

❑137 Twenty or More Structures ❑155 Declaratory Judgment 

❑157 Habeas Corpus 

❑184 Landlord Tenant Dispute - Other 

150-199 OTHER CML CASE TYPES: ❑159 Restoration of Civil Rights (Federal) 

❑156 Eminent Domain/Condemnation ❑159 Clearance of Records (A.R.S. §13-4051) 

❑151 Forcible Detainer ❑190 Declaration of Factual Innocence(A.R.S.§12-

❑152 Change of Name 771) 

❑153 Transcript of Judgment ❑191 Declaration of Factual Improper Party Status 

❑154 Foreign Judgment ❑193 Vulnerable Adult (A.R.S. §46-451) 

0158 Quiet Title ❑165 Tribal Judgment 

❑160 Forfeiture ❑167 Structured Settlement (A.R.S. §12-2901) 

❑175 Election Challenge ❑169 Attorney Conservatorships (State Bar) 

❑179 Employer Sanction Action (A.R.S. §23-212) ❑170 Unauthorized Practice of Law (State Bar) 

❑180 Injunction against Workplace Harassment ❑171 Out-of-State Deposition for Foreign Jurisdiction 

❑181 Injunction against Harassment ❑172 Secure Attendance of Prisoner 

❑182 Civil Penalty ❑173 Assurance of Discontinuance 

❑186 Water Rights (Not General Stream ❑174 In-State Deposition for Foreign Jurisdiction 

Adjudication) ❑176 Eminent Domain—Light Rail Only 

❑187 Real Property ❑177 Interpleader— Automobile Only 

❑Sexually Violent Persons (A.R.S. §36-3704) ❑178 Delayed Birth Certificate (A.R.S. §36-333.03) 

(Except Maricopa County) ❑183 Employment Dispute - Discrimination 

❑Minor Abortion (See Juvenile in Maricopa County) ❑185 Employment Dispute - Other 

❑Special Action Against Lower Courts ❑163 Other 

(See lower court appeal cover sheet in Maricopa) 

(Specify) 

150-199 UNCLASSIFIED CML CASE TYPES: 

❑Administrative Review 

COMPLEXITY OF THE CASE 

If you marked the box on page one indicating that Complex Litigation applies, place an "X" in the box of no less than 

one of the following: 

❑ Antitrust/Trade Regulation 

❑ Construction Defect with many parties or structures 

❑ Mass Tort 

❑ Securities Litigation with many parties 

❑ Environmental Toxic Tort with many parties 

❑ Class Action Claims 

❑ Insurance Coverage Claims arising from the above-listed case types 

Additional Plaintiff(s) 

Additional Defendant(s) 

Page 2 of 2 

Superior Court of Arizona in Maricopa County 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 6 of 28
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p 

Scott E. Davis (State Bar No. 016160) 

SCOTT E. DAVIS, P.C. 

Scott M. Harris (State Bar No. 011524) 

SCOTT M. HARRIS, P.C. 

8360 E. Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

Telephone: (602) 482-4300 

email: davis@scottdavispc.com 

email: harris@smharrislaw.com 

Attorneys for Plaintiff Larry Walters 

• • lip<3.-

6 •. 

Elit.15St 

18 FEB 16 PM 6:37 

FILED BY N. BUT t ACH 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

Larry Walters, 

Plaintiff, 

v. 

Bank of America Corporation Short Term 

Disability Plan; Bank of America Corporation; 

Aetna Life Insurance Company, 

Defendants. 

Case No. CV 2018-051670 

PLAINTIFF'S CERTIFICATE 

REGARDING COMPULSORY 

ARBITRATION 

The undersigned certifies that the largest award sought by Plaintiff, including 

punitive damages, but excluding interest, attorneys' fees and costs does not exceed the 

limits set by Local Rule for Compulsory Arbitration. This case is subject to Compulsory 

Arbitration. 

/ / / 

/ / / 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 7 of 28
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DATED this 16th day of February, 2018. 

SCOTT E. P. 

Scott . Davis 

Scott M. Harris 

Attorneys for Plaintiff 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 8 of 28
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Larry Walters, 

Plaintiff, 

v. 

Bank of America Corporation Short Term 

Disability Plan; Bank of America Corporation; 

Aetna Life Insurance Company, 

Defendants. 

Scott E. Davis (State Bar No. 016160) 

SCOTT E. DAVIS, P.C. 

Scott M. Harris (State Bar No. 011524) 

SCOTT M. HARRIS, P.C. 

8360 E. Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

Telephone: (602) 482-4300 

email: davis@scottdavispc.com 

email: harris@smharrislaw.com 

Attorneys for Plaintiff-Larry Walters 

fro. 

18 FE6 16 15116: 36 

FILED BY N. BUTZBACH 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MAIUCOPA 

Case No. CV2018-051670 

COMPLAINT 

322.0

MI tiltiel3o 

(Breach of Contract and Unpaid Wage 

Claim Pursuant to A.R.S. §23-355) 

Now comes the Plaintiff Larry Walters (hereinafter referred to as "Plaintiff'), by and 

through his attorneys, Scott E. Davis and Scott M. Harris, and complaining against the 

Defendants, he states: 

Jurisdiction 

1. This is an action for the failure to pay Plaintiff his short term disability 

benefits (hereinafter referred to as "STD") in the form of salary continuation (i.e. wages) 

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under the Bank of America Corporation Short Term Disability Plan (hereinafter referred 

to as the "Plan"). 

2. The Plan and all claims related herein are subject to the jurisdiction of this 

court. 

Parties 

3. Plaintiff is a resident of Maricopa County, Arizona. 

4. Bank of America Corporation (hereinafter referred to as the "Company") 

sponsored and administered the Plan and was also liable to pay the benefits. The Company 

hired the Claim Administrator, Aetna Life Insurance Company (hereinafter referred to as 

"Aetna"), to administer and make claim decisions. In this role, Aetna functioned as an 

agent and third party claim administrator for the Company and the Plan. 

5. The Plan was established by the Company for the benefit of its employees, 

including Plaintiff, in the event they become disabled. 

Venue 

6. Venue is proper in Maricopa County, Arizona. The Company breached its 

obligations and Plaintiff's resulting (Images occurred in Maricopa County, Arizona. 

7. The Company, Aetna, the Plan and Plan Administrator conduct business 

within Maricopa County, Arizona and all events giving rise to this Complaint occurred 

within Maricopa County, Arizona. 

General Allegations 

8. The Plan is an express written contract between the Company and its 

employees to provide certain employee benefits. At all relevant times hereto, Plaintiff 

was an employee and covered by the Plan. Plaintiff seeks STD benefits from the Plan as 

well as any other non-disability income employee benefits he may be entitled to from the 

2 

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Company, the Plan and/or any other Company Plan, as a result of being found disabled in 

this action. 

9. After working for the Company as a loyal employee, Plaintiff became 

disabled on or about May 23, 2016. Due to his serious medical conditions, Plaintiff has 

been unable to work in his designated occupation as an Operations Control Manager since 

May 23, 2016 and has remained continuously disabled as that term is defined in the Plan 

and disabled from working in any occupation since that date. 

10. Following his disability, Plaintiff applied for STD benefits under the relevant 

Plan. According to the Plan, to qualify for STD benefits, the employee must meet the 

following definition of disability: 

"For purposes of determining eligibility for SIT) benefits, disabled is defined 

as your inability to perform your essential occupation functions, including 

working your regularly scheduled hours, for more than seven consecutive 

calendar days because of a pregnancy, illness, injury, non-elective surgery or 

hospitalization." 

11. In support of his claim for STD benefits, Plaintiff submitted medical records 

to Aetna from his treating medical professionals who supported his allegation that he was 

disabled and met the Plan's relevant definition of disability. 

12. Aetna informed Plaintiff in a letter dated June 28, 2016 that it was denying his 

claim for STD benefits because it did not find he was disabled or that he met the relevant 

definition of disability. 

13. Plaintiff timely appealed Aetna's June 28, 2016 denial of his STD claim and 

in support of his claim, Plaintiff submitted additional medical evidence which demonstrated 

that he met the definition of disability set forth in the Plan. 

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14. On appeal, Plaintiff submitted one of Aetna's own Attending Physician's 

Statements, dated June 21, 2016, completed by his treating medical provider, who 

confirmed Plaintiff "... [would] need to be absent from work due to a disability..." and that 

his disability Would extend to December 1, 2017. 

15. In support of his claim, Plaintiff submitted two medical records dated July 5, 

2016 and August 2, 2016 from his treating medical provider who documented his "pain rate 

7/10" and stated, "since the patient's last appointment, the pain has increased." 

16. Upon information and belied following Plaintiff's submission of this 

additional evidence, as part of its review, Aetna obtained a medical records only "paper 

review" of Plaintiff's claim from a medical professional of its choosing, Dr. Hertza. 

17. Plaintiff alleges Dr. Hertza may be a long time consultant for Aetna and 

has an incentive to protect his own consulting relationship with Aetna by providing 

paper reviews which selectively review or ignore evidence, such as occurred in 

Plaintiff's claim in order to provide opinions and report(s) which are favorable to Aetna 

and which supported the denial of Plaintiff's claim. 

18. Aetna informed Plaintiff in a letter dated September 4, 2016 that it was 

partially overturning its June 28, 2016 decision to deny his claim. Aetna advised Plaintiff it 

had found he met the definition of disability set forth in the Plan during the period of May 

23, 2016 through August 3, 2016 and paid Plaintiff STD benefits, but only for that period. 

19. Aetna advised Plaintiff in its September 4, 2016 decision letter it was denying 

his claim and would not pay benefits beyond August 3, 2016. 

20. Aetna did not provide Plaintiff with the opportunity to submit new medical 

evidence supporting his claim beyond August 3, 2016, but instead advised Plaintiff its 

September 4, 2016 decision was final and that he had exhausted his administrative remedies 

and could file a civil action. 

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21. Upon information and belief, in addition to STD benefits, by virtue of 

meeting the Plan's definition of disability, Plaintiff may be entitled to and seeks, other nondisability income employee benefits from the Company and/or from the Plan pursuant the 

terms of the Plan or any other Company Plan. 

22. At the time of filing this Complaint, Plaintiff is not in a position to know 

what, or if any other employee benefits may be available to him in the event he is found 

disabled. 

I. Breach of Contract 

23. All previous paragraphs are incorporated herein by reference. 

24. The Plan states that Plaintiff is entitled to the continuation of his wages at a 

certain amount if he meets the Plan's definition of disability. 

25. Plaintiff has submitted documentary evidence that is sufficient to prove that 

he met the definition of disability set forth in the Plan from May 23, 2016 through the entire 

STD period, which extends through to November 21, 2016. 

26. Aetna's failure to find that Plaintiff was disabled pursuant to the Plan and 

failure to pay him the benefits he was entitled to is a breach of Defendants' contractual 

duties under the Plan. 

27. As a direct result of Defendants' breach of the Plan, Plaintiff has been injured 

and suffered damages in the form of lost STD benefits. 

28. As a direct result of Defendants' breach of the Plan, in addition to Plaintiff's 

loss of STD benefits, he may have lost other potential non-disability income employee 

benefits he was entitled to from the Plan, from any other Company Plan and/or the 

Company itself as a result of being found disabled. 

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29. As a result of Defendants' breach of the Plan, Plaintiff is entitled to recover 

unpaid STD benefits and any other non-disability employee benefits due to. him, 

prejudgment interest, and reasonable attorney's fees and costs pursuant to A.R.S. § 12-

341.01 from Defendants. 

H. Unpaid Wage Claim pursuant to A.R.S. §23-355 

30. All previous paragraphs are incorporated herein by reference. 

31. The Company is an employer under Arizona law and is subject to the wage 

laws of the State of Arizona. 

32. Plaintiff was an employee of the Company as defined in the Plan and under 

Arizona law. 

33. Under the Plan covering Plaintiff and administered by the Defendants, the 

Company agreed to pay him wages in the form of disability benefits if he met the 

definition of disability set forth in the Plan. 

34. Plaintiff had a reasonable expectation under the Plan that he would receive 

disability benefits and any potential non-disability employee benefits if he met the 

definition of disability and any other relevant terms in the Plan. 

35. The Company and/or the Plan failed to pay Plaintiff all of the wages he is 

entitled to under the Plan in violation of Arizona wage law, specifically A.R.S. §23-355. 

36. Plaintiff has suffered damages as a direct result of the Company and/or the 

Plan's failure to pay all of his wage continuation payments. 

37. Pursuant to A.R.S. §23-355 Plaintiff is entitled to treble damages of the 

amount of wrongfully withheld wages. 

38. Plaintiff is also entitled to compensatory damages as well as his attorney's 

fees and costs pursuant to A.R.S. § 12-341.01, and other damages to be proven at trial. 

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WHEREFORE, Plaintiff prays for judgment as follows: 

A. That Defendants breached the terms of the Plan and that Plaintiff met the 

definition of disability set forth in the Plan from May 23, 2016 through the entire duration 

of the STD benefit period; 

B. That Defendants are required to pay Plaintiff the remaining short term 

disability benefits that are owed, and any other non-disability income employee benefits 

he may be entitled to from the Defendants as a result of being found disabled pursuant to 

the Plan, and/or any other Company Plan, and/or the Company, from May 23, 2016 

through the end of the short term disability period; 

C. That Plaintiff is entitled to pre and post judgment interest on the wrongfully 

denied short term disability benefits; 

D. That Defendants are required to pay Plaintiff the wages to which he is 

entitled to under the Plan, as well as treble damages on the amount of Plaintiff's unpaid 

wages under A.R.S. §23-355; 

E. For attorney's fees and costs incurred as a result of prosecuting this suit 

pursuant to A.R.S. § 12-341.01; and 

F. For such other and further relief as the Court deems just and proper. 

DAIED this 16th day of February, 2018. 

SCOTT

By: E N ,

Sco avis 

Scott M. Harris 

Attorneys for Plaintiff 

P.C. 

7 

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Scott E. Davis (State Bar No. 016160) 

SCOTT E. DAVIS, P.C. 

Scott M. Harris (State Bar No. 011524) 

SCOTT M. HARRIS, P.C. 

8360 E. Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

Telephone: (602) 482-4300 

email: davis@scottdavispc.com 

email: harris@smharrislaw.com 

Attorneys for Plaintiff Larry Walters 

P'IIC~IAr' 

IC Avra CLERK 8Y rt CEP 

ORIGINAL 1 G. RAMIREZ. 

'61In FILED

18 FEB 27 PH 4: 17 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

Larry Walters, 

Plaintiff, 

V. 

Bank of America Corporation Short Term 

Disability Plan; Bank of America Corporation; 

Aetna Life Insurance Company, 

Defendants. 

Case No. CV2018-051670 

SUMMONS 

If you would like legal advice from a lawyer, 

contact the Lawyer Referral Service at 

602-257-4434 

or 

vvvvw.maricopalawyers.org 

Sponsored by the 

flaricope County BarAsa:;pletion 

THE STATE OF ARIZONA TO DEFENDANTS: 

Bank of America Corporation 

cio CT Corporation System 

3800 N. Central Avenue, Suite 460 

Phoenix, AZ 85012 

YOU ARE HEREBY SUMMONED and required to appear and defend in this 

action, in this Court within the following time limits: 

-1-

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If served within Arizona, you shall appear and defend within 20 days after the 

service of the Summons and Complaint upon you, exclusive of the day of service. If 

served out of the State of Arizona, whether by direct service, by registered or certified 

mail, or by publication, you shall appear and defend within 30 days after the service of the 

Summons and Complaint upon you is complete, exclusive of the day of service. Where a 

process is served upon the Arizona Director of Insurance as an insurer's attorney to receive 

service of legal process against it in this State, the insurer shall not be required to appear, 

answer or plead until expiration of 40 days after date of such service upon the director. 

Service by registered or certified mail without the State of Arizona is complete 30 days 

after the date of filing the receipt an affidavit of service with the Court. Service by 

publication is complete 30 days after the date of first publication. Direct service is 

complete when made. Service upon the Arizona Motor Vehicle Superintendent is 

complete 30 days after filing the Affidavit of Compliance and return receipt or Officer's 

Return. RCP 4; ARS § 20-22, 28-502, 28-503. 

YOU ARE HEREBY NOTIFIED that a copy of the Summons and Complaint may 

be obtained from the Clerk of the Maricopa County Superior Court located at 201 West 

Jefferson, Phoenix, Arizona 85003. 

YOU ARE CAUTIONED that in order to appear and defend, you must file an 

Answer or proper response in writing with the Clerk of this Court, accompanied by the 

necessary filing fee, within the time required, and you are required to serve a copy of any 

Answer or response upon the Plaintiffs attorney. RCP 10(d); ARS § 12-311; RCP 5. 

The Plaintiffs attorneys are: 

-2-

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Scott E. Davis, Esq. 

Scott M. Harris, Esq. 

8360 East Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

(602) 252-7400 

Requests for reasonable accommodation for persons with disabilities must be 

made to the division assigned to the case by the party needing accommodation or 

his/her counsel at least three (3) judicial days in advance of a scheduled proceeding. 

Requests for an interpreter for persons with limited English proficiency must 

be made to the division assigned to the case by the party needing the interpreter 

and/or translator or his/her counsel at least ten (10) judicial days in advance of a 

scheduled court proceeding. 

SIGNED AND SEALED this day of FEB 16 2018 

MICHAEL K. JEANES, CLERK 

-3-

Clerk of Superior Court 

N. BUTZBACH 

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 18 of 28
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Scott E. Davis (State Bar No. 016160) 

SCOTT E. DAVIS, P.C. 

Scott M. Harris (State.Bar No. 011524) 

SCOTT M. HARRIS, P.C. 

8360 E. Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

Telephone: (602) 482-4300 

email: davis@scottdavispc.com 

email: harris@smharrislaw.com 

Attorneys for Plaintifflarry Walters 

ORIGINAL 

MICH AEL • BY 1. •• -Atf;A:c-S, C ERK EP 

G. RAMIREZ. FILED 

18 FEB 2 7 PH 4: 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

Larry Walters, 

Plaintiff, 

V.

Bank of America Corporation Short Term 

Disability Plan; Bank of America Corporation; 

Aetna Life Insurance Company, 

Defendants. 

Case No.

CV2018-051670 

SUMMONS 

if you would like legal advice from a lawyer, 

contact the Lawyer Referral Service at 

602-257-4434 

or 

www.maricopalawyers.org 

Sponsored by the 

flaricopa County BarAsezcietion 

THE STATE OF ARIZONA TO DEFENDANTS: 

cirahlubf Ainiiiika-Corporation Short reffirDisabilitifilim 

do CT Corporation System 

3800 N. Central Avenue, Suite 460 

Phoenix, AZ 85012 

YOU ARE HEREBY SUMMONED and required to appear and defend in this 

action, in this Court within the following time limits: 

-1- ' • 

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If served within Arizona, you shall appear and defend within 20 days after the 

service of the Summons and Complaint upon you, exclusive of the day of service. If 

served out of the State of Arizona, whether by direct service, by registered or certified 

mail, or by publication, you shall appear and defend within 30 days after the service of the 

Summons and Complaint upon you is complete, exclusive of the day of service. Where a 

process is served upon the Arizona Director of Insurance as an insurer's attorney to receive 

service of legal process against it in this State, the insurer shall not be required to appear, 

answer or plead until expiration of 40 days after date of such service upon the director. 

Service by registered or certified mail without the State of Arizona is complete 30 days 

after the date of filing the receipt an affidavit of service with the Court. Service by 

publication is complete 30 days after the date of first publication. Direct service is 

complete when made. Service upon the Arizona Motor Vehicle Superintendent is 

complete 30 days after filing the Affidavit of Compliance and return receipt or Officer's 

Return. RCP 4; ARS § 20-22, 28-502, 28-503. 

YOU ARE HEREBY NOTIFIED that a copy of the Summons and Complaint may 

be obtained from the Clerk of the Maricopa County Superior Court located at 201 West 

Jefferson, Phoenix, Arizona 85003. 

YOU ARE CAUTIONED that in order to appear and defend, you must file an 

Answer or proper response in writing with the Clerk of this Court, accompanied by the 

necessary filing fee, within the time required, and you are required to serve a copy of any 

Answer or response upon the Plaintiffs attorney. RCP 10(d); ARS § 12-311; RCP 5. 

The Plaintiffs attorneys are: 

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Scott E. Davis, Esq. 

Scott M. Harris, Esq. 

8360 East Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

(602) 252-7400 

Requests for reasonable accommodation for persons with disabilities must be 

made to the division assigned to the case by the party needing accommodation or 

his/her counsel at least three (3) judicial days in advance of a scheduled proceeding. 

Requests for an interpreter for persons with limited English proficiency must 

be made to the division assigned to the case by the party needing the interpreter 

and/or translator or his/her counsel at least ten (10) judicial days in advance of a 

scheduled court proceeding. 

FEB 16 2018 SIGNED AND SEALED this day of 

0 

0 

•••• 

MICHAEL K. JEANES, CLERK 

Clerk of Superior Court 

-3-

Deputy Clerk 

N. BUTZBACH 

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Scott E. Davis (State Bar No. 016160) 

SCOTT E. DAVIS, P.C. 

Scott M. Harris (State Bar No. 011524) 

SCOTT M. HARRIS, P.C. 

8360 E. Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

Telephone: (602) 482-4300 

email: davis@scottdavispc.com 

email: harris@smharrislaw.com 

Attorneys for Plainttff Larry Walters 

.13Y 

A.S. ROMERO. FILE 

2618 _FEB 27 AM 1.1: o 3 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF MARICOPA 

Larry Walters, 

Plaintiff, 

v. 

Bank of America Corporation Short Term 

Disability Plan; Bank of America Corporation; 

Aetna Life Insurance Company, 

Defendants. 

Case No.CV 2 0 18-051670 

SUMMONS 

If you would like legal advice from a lawyer, 

contact the Lawyer Referral Service ut 

602-257-4434 

or 

www.maricopalawyers.org 

Sponsored by the 

Itlaricopa County ?parAsa:ciation 

THE STATE OF ARIZONA TO DEFENDANTS: 

Aetna Life Insurance Company 

do its Statutory Agent 

Director of Insurance 

2910 N. 44th Street 

Phoenix, AZ 85018 

YOU ARE HEREBY SUMMONED and required to appear and defend in this 

action, in this Court within the following time limits: 

- 

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If served within Arizona, you shall appear and defend within 20 days after the 

service of the Summons and Complaint upon you, exclusive of the day of service. If 

served out of the State of Arizona, whether by direct service, by registered or certified 

mail, or by publication, you shall appear and defend within 30 days after the service of the 

Summons and Complaint upon you is complete, exclusive of the day of service. Where a 

process is served upon the Arizona Director of Insurance as an insurer's attorney to receive 

service of legal process against it in this State, the insurer shall not be required to appear, 

answer or plead until expiration of 40 days after date of such service upon the director. 

Service by registered or certified mail without the State of Arizona is complete 30 days 

after the date of filing the receipt an affidavit of service with the Court. Service by 

publication is complete 30 days after the date of first publication. Direct service is 

complete when made. Service upon the Arizona Motor Vehicle Superintendent is 

complete 30 days after filing the Affidavit of Compliance and return receipt or Officer's 

Return. RCP 4; ARS § 20-22, 28-502, 28-503. 

YOU ARE HEREBY NOTIFIED that a copy of the Summons and Complaint may 

be obtained from the Clerk of the Maricopa County Superior Court located at 201 West 

Jefferson, Phoenix, Arizona 85003. 

YOU ARE CAUTIONED that in order to appear and defend, you must file an 

Answer or proper response in writing with the Clerk of this Court, accompanied by the 

necessary filing fee, within the time required, and you are required to serve a copy of any 

Answer or response upon the Plaintiffs attorney. RCP 10(d); ARS § 12-311; RCP 5. 

The Plaintiffs attorneys are: 

-2-

Case 2:18-cv-00906-SRB Document 1-1 Filed 03/22/18 Page 23 of 28
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Scott E. Davis, Esq. 

Scott M. Harris, Esq. 

8360 East Raintree Drive, Suite 140 

Scottsdale, AZ 85260 

(602) 252-7400 

Requests for reasonable accommodation for persons with disabilities must be 

made to the division assigned to the case by the party needing accommodation or 

his/her counsel at least three (3) judicial days in advance of a scheduled proceeding. 

Requests for an interpreter for persons with limited English proficiency must 

be made to the division assigned to the case by the party needing the interpreter 

and/or translator or his/her counsel at least ten (10) judicial days in advance of a 

scheduled court proceeding. 

SIGNED AND SEALED this day of FEB 16 2018 

. ). ;.--...-:::: p).44

i,/,'" ioitv . - .;.?::,-,-... ,.........:7

... 

$NOXIV 

MICHAEL K. JEANES, CLERK 

Clerk of Superior Court 

l teputy Clerk 

N. BUTZBACH 

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