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David R. Schwartz - #009264

das@udallshumway.com

Kimberly R. Davis - # 030210

krd@udallshumway.com

Attorney for Defendant Maricopa County

Community College District

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

CINDI TANNER, an individual,

Plaintiff,

v.

MARICOPA COUNTY COMMUNITY 

COLLEGE DISTRICT, a political 

subdivision of Arizona; MARIA WISE, an 

individual and in her official capacity; 

VIVIAN MIRANDA-STRAWBRIDGE, an 

individual and in her official capacity,

Defendants.

NO.

NOTICE OF REMOVAL OF ACTION 

FROM STATE COURT TO FEDERAL 

COURT

TO THE CLERK OF THE UNITED STATES DISTRICT COURT, DISTRICT 

OF ARIZONA

Notice is hereby given that Defendant Maricopa County Community College District 

(“District”) hereby removes the entire action described below from the Arizona State Court, 

Maricopa County Superior Court, to the United States District Court, District of Arizona, 

pursuant to 28 U.S.C. § 1446:

1138 NORTH ALMA SCHOOL ROAD, SUITE 101

MESA, ARIZONA 85201

Telephone: 480.461.5300 | Fax: 480.833.9392

Case 2:18-cv-00377-SPL Document 1 Filed 02/02/18 Page 1 of 4
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1. On or about January 9, 2018, Plaintiff Cindi Tanner filed in the Maricopa 

County Superior Court, in cause no. CV 2018-092895, an action naming as Defendants the 

District, Maria Wise, and Vivian Miranda-Strawbridge. The following documents were 

filed on January 9, 2018 to initiate the action: 

(A) a Complaint (a true and accurate copy of which is Exhibit A attached hereto); 

(B) a Certificate of Compulsory Arbitration (a true and accurate copy of which is 

Exhibit B attached hereto); 

(C) a Civil Cover Sheet (a true and accurate copy of which is Exhibit C attached 

hereto)

2. In the Complaint, Plaintiff alleges causes of action arising under and for 

violation of federal law: the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12132, 

12203 and the Rehabilitation Act, 29 U.S.C. § 794, asserting claims for retaliation; and the 

Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 206-207 asserting claims for failure to 

pay minimum wages or overtime wages. (Ex. A, Complaint p. 1 and ¶ 89-95, 117-119) 

Such claims support original federal question jurisdiction of this Court pursuant to 28 

U.S.C. §§ 1331, 1343, 1988. A direct original action can be filed in federal court as well 

pursuant to 29 U.S.C. §§ 216(b), 794a, and/or 42 U.S.C. § 12133.

3. The State Court action is removable to this Federal Court pursuant to 28 

U.S.C. § 1441(a)-(c) because this Court would have original jurisdiction over the federal 

law claims under the ADA, the Rehabilitation Act and the FLSA.

4. This Court would have supplemental jurisdiction over the state law claim for 

wrongful termination and statutory claims pursuant to A.R.S. § 23-1501 and 38-532 (Ex. A, 

Complaint ¶ 97-103), intentional infliction of emotional distress (Ex. A, Complaint ¶ 105-

115, and the claim for unpaid wages under A.R.S. § 23-355. 28 U.S.C. § 1367. The 

conduct, including the termination of employment and pre-termination acts, asserted to be 

retaliation under the ADA and RA appear to be the same or substantially the same as the 

conduct supporting the wrongful termination and statutory claims, as well as the claim for 

Case 2:18-cv-00377-SPL Document 1 Filed 02/02/18 Page 2 of 4
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intentional infliction of emotional distress. (Ex. A, Complaint ¶ 12-73, 88-115) The state 

law wage claims appear to be for the same wages sought under the FLSA. (Ex. A, 

Complaint ¶ 80-86, 116-119) The various state law claims appear to be so related to the 

federal statutory claims as to form the same case or controversy under Article III of the 

United States Constitution.

5. All Defendants who have been properly served join in this removal. 

Defendants Wise and Miranda-Strawbridge, whose true legal last name is MirandaWendelken, deny they were properly served with process as they did not authorize anyone 

to accept service on their behalf and they were purported to be served through a person in 

the Human Resources department of the College where they work. Exhibits D, E and F to

this Notice are the Affidavits of Service filed with the Maricopa County Superior Court. If 

they do appear in this lawsuit, such individuals will be represented by the same defense 

counsel as the District and they would consent to this removal. 

6. This removal is timely filed pursuant to 28 U.S.C. § 1446(b) as it was filed 

within thirty days after receipt by Defendants, through service or otherwise, of a copy of the 

initial pleading setting forth the claim for relief.

7. Attached hereto as Exhibits A through G are all process, pleadings, orders, 

and documents filed in the State Court action. Exhibit G is a Notice of Appearance filed by 

Defense Counsel on January 18, 2018 in the State Court.

8. Defendants shall be filing promptly a notice of removal with the State Court in 

compliance with 28 U.S.C. § 1446(d) and will serve such notice on Plaintiff.

Case 2:18-cv-00377-SPL Document 1 Filed 02/02/18 Page 3 of 4
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DATED: February 2, 2018.

UDALL SHUMWAY PLC

/s/ David R. Schwartz

David R. Schwartz

Kimberly R. Davis

1138 North Alma School Road, Suite 101

Mesa, AZ 85201

Attorneys for Defendant Maricopa County

Community College District

CERTIFICATE OF SERVICE

I hereby certify that on February 2, 2018, I electronically transmitted the attached 

document to the Clerk’s Office using ECF/CM for filing and transmitted the document 

through ECF to the following registered ECF users:

Israel G. Torres

James E. Barton, II

Saman Golestan

TORRES LAW GROUP, PLLC

2239 W. Baseline Rd.

Tempe, AZ 85283

Attorneys for Plaintiff 

/s/ Kimberly Kershner

Kimberly Kershner

5093080.1

109883.022

Case 2:18-cv-00377-SPL Document 1 Filed 02/02/18 Page 4 of 4