i

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 1 of 30
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i,:l\Y 111~I~ICI:l

RENAUD COOK

URURY MLSAROS

Qti1: 1~0R'fli CIiN'I'1t.41.

Puo~in4x, A7, RS004

rrumuon~e (1,02) 307-9900

Pncsin~n.r. (602) 307-SR53

J. Scott Conlon, #Ol 1829

Ellen S. Levy, #020275

RENAUD COOK DRURY M~SAROS, PA

One North Central, Suite 900

Phoenix, Arizona 85004-4417

Telephone: (602) 307-9900

Facsimile: (602) 307-5853

Attorneys foN Defendants

E-mail: docket@rcdmlaw.com

sconlon@rcdinlaw. com

elevy@rcdmlaw.com

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

SHEETAL PATEL, mother of deceased

adult NISHMA KANABAR on behalf of

herself and the other beneficiaries of the

estate of NISHMA KANABAR;

MAHENDRA KANABAR, father of

Nishma Kanabar; SABIAN RIOS,

surviving natural son of Nishma Kanabar,

Plaintiffs,

►~

CORIZON HEALTH, INC., a Delaware

Corporation; CORIZON, INC., a Missouri

Corporation; CORIZON, LLC, a Missouri

limited liability company; CORIZON

HEALTH OF NEW JERSEY, LLC, a New

Jersey limited liability company;

VICENTE and JANE DOE ENCISO;

TIMOTHY and JA1VE DOE JOHNSON; A

and JOHN DOE NIINN; A and JOHN

DOE BURNS; C and JOHN DOE

REITER; JOHN AND JANE DOES 1-100;

WHITE PARTNERSHIPS 1-100; BLACK

CORPORATIONS 1-100,

Defendants.

No. CV2015-052872

NOTICE OF FILING OF NOTICE

OF REMOVAL

(Assagned to the Honorable John

Hannah)

Defendants, Corizon Health, Inc., Corizon, Inc., Corizon, LLC (collectively

"Corizon") and Defendants Encisco; Johnson; Nunn; Burns; Reiter, (collectively, "Corizon

(Page 1, CV2015-052872) 3306-0068 zs72o22_i.docX

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 2 of 30
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RLNAUDCOOK

DRURY MGSAROS

O~i; Nou'I'u Csv'i'it,v.

Sui7'I! Y00

Plloitn`I\, AZ N5004

Tl:l.l:l'i1~NY. ((1112) 3l)7-)9111)

F.~cntn~u.r, (G02) 307•SR53

Employees"), by and through their undersigned counsel, and pursuant to 28 U.S.C. § 1441, et

seq., notifies this Court that they have filed a Notice of Removal of this action to the United

States District Court for the District of Arizona. A copy of the Notice of Removal (exclusive

of exhibits) is attached as Exhibit "A."

RESPECTFULLY SUBMITTED this 19th day of August, 2015.

ORIGINAL efiled this same date

and a copy mailed to:

Scott H. Zwillinger

Scott Griffiths

Aaron Crane

GOLDMAN & ZWILLINGER, PLLC

7047 ~. Greenway Parkway, Suite 150

Scottsdale, Arizona 85254

/s/ Margaret Bango _

(Page 2, CV2015-052$72)

RENAUD COOK DRURY MESAROS, PA

By: /s/ Ellen S. Levv

J. Scott Conlon

Ellen S. Levy

One North Central, Suite 900

Phoenix, Arizona 85004-4417

Attorneys for Defendants

3306-0068 2872022_l.docx

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 3 of 30
Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 4 of 30
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nrrrn~~n cooxry

DRUI2Y MTiSA1tOS~6

ON~i NOIYI'l l CIiN'19bV.

Sill'1'~i 911(1

Nuo~~IS, A7. H51)Ibl

rcLCrno:.~r (6oz>3n7.99uu

fnceiain_r (coz) an9.5653

J. Scott Conlon, #O l 1$29

Ellen S. Levy, #020275

RENAIJU COOK DRURY M~SAROS, PA

One North Central, Suite 900

Phoenix, Arizona 85004-4417

Tele~ahone: (602) 307-9900

Facsimile: (602) 307-5853

Attorneys fog Defendants

Email: docket@~cdmlaw. cam

Email: sconlon@~cdmlaw, cam

Email: erevK c~r,~rca'mlaw. corn

IN THE ~JNITE7D STATES DYSTRICT COURT

FOR THE DISTRICT OF ARYZONA

Sheetal Patel, mother of deceased adult

Nishma Kanabar on behalf of hersell

and the other beneficiaries of the estate

of Nishma Kanabar; Mahendra

Ono

abar, father of Nishma Kanabar; Sabian

Rios, surviving natural son of Nishma

Kanabar,

Plaintiffs,

v.

Corizon Health, Tnc,, a Delaware

Corporation; Corizon, Inc., a Missouri

Corporation; Corizon, LLC, a Missouri

limited liability company; Corizoia

~Iealth of New Jersey, LLC, a New

Jersey limited lability company;

Vxc~nte and Jane Dae ~nciso; Timothy

and Jane Dae Johnson; A and John DoL

Nunn; A and John Doe Burns; L and

Jahn Doe IZe~ter; John and Jane Does 1-

100,'VV'hit~ Partnerships 1-100; Black

Corporations 1-140,

Defendants.

No.

3306-00G$

NOTICE OF REMOVAL

2H71941 l.docx

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 5 of 30
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S2I:NAUD GOOK

DI2URY M7SAR0~6

Oyii Nunrn CitN~ri6U.

Stn'nt 9Up

PII~Ii~i~, A7. RS(11)-0

TE~.ttruuv¢ (G112) 3g7•')9q0

Pncsinfu,e (GO2) 3 W-SNS3

Defendants, Corizo~~. Health, Inc., Corizon, Inc., Corizan, LLC (collectively

"Corizon") and Defendants ~~acisco; Johnson; Nunn; Burnsa Reiter, {collectively,

"Corizon Employees"),by and through their undersigned counsel, and pursuant to Rule

81(c), Fed.R.Civ.P., hereby notices the removal of the above-captioned case from the

Superior Court of Arizona, in and for the County of Maricopa, filed under Cause Number

CV2015-052872, to this Court and in support thereof asserts:

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1331. This action may

be removed pursuant to 28 U.S.C. § 1441(b) because Plaintiffs assert a claim pursuant to

the eighth Amendment of the United States Constitution.

2. This Notice of Removal is being filed within thirty (30) days after initial

receipt of Plaintiff s Complaint and is timer filed under 28 U.S.C. § 1446(b).

3. The time for which Defendal~ts have to remove this case with respect to 1:he

Complaint has not expired.

4. A notification of filing a izatice of removal in federal court, a true and

correct copy of which is attached as exhibit "A," has been filed in the Superia~ Court of

Arizona on behalf of the Defendants.

5. Al] known presently served/accepted service Defendant parties have

consented to the r~nloval of this case from Superior Court of the State oCArizona, County

of IVlaricapa, to the United Slates District Court of Arizona.

WH~I2EF()RE, DEl{ENDANTS R~SPECTT~.7LLY R.EQU~ST THAT THT

ABUV~ ACTION NOW P~NDINCx IN TIIE SUPERIOR COURT OF THE DISTRICT

OT ARIZONA BE REMOVED TO THIS COURT.

R.~SP~CTI~ ULLY SUl3MITT~D tihis 19th day of August, 201 S.

3306-OOG& 287]941 l,docx

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 6 of 30
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ri~NAUi~ coor<

DRIJRY Ml"sSAR0~6

ONI: Nolrl'II CIiN'rn A~.

$VI'I'I;')Oli

ICI I~)IiN I.~', AZ N501)4

'I'I!I.IfI'110N1? (G02) 307-9 )Ui)

rncs,nina; (r>uz> 3n7,sss7

RENAUD COOK Dn.URY MESAROS, P~

By: /s/ Ellen S. Lev,

J. Scott Canton

Ellen S. Levy

One North Central, Suite 90Q

Phoenix, Arizona 85004-4417

Attorneys for Defendants

3306-0068 28719411, docx

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 7 of 30
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ItPNAUD COOK

DRURY MLSAR0~6

On6 Noirril CGr+'rnni.

SUIYY: ll)Q

1>nornix, nz xsond

Fncsin~u,it (GI)2),107~SK57

CERTIFICATE OF SERVICE

I hereby certify that on this 19th dad of August, 2015, Y electronically transmitted

the foregoing document to the Clerk's Office using the CM/~CF System for filing and

transmitted a Notice of Electronic Filing to the following CM/ECF participants.

Scan H. Zwillinger

Scott Griffiths

Aaron Crane

Goldman & Zwillinger, PLLC

7047 E. Greenway Pkwy., Suite 150

Scottsdale, AZ 8525

Attorneys for Plaintiffs

I have also served the attached document by on the

following persons who az•e not registered participants of the CM/~Cr System: N/A

By: /s/ 1Vfar~aret Bango

33Q6-0068 2871941_].docx

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 8 of 30
+~ ~ ~M:c~r~~~~:jr~~7.i~~r~

TO: Stephen D. Brawn, t~rector of Professional :Liability Ctaim

Corizon Health, Inc,.

103 Powell Court

Brentwood, TN 37027

REe Process Served In Arizona

FqR: Corizpn Health, Inc. (Domestic State: DE)

Service of Pr~rcess

Transmit~aM

07/31J2015

CT Log Number 527568343

EMCLQSEb ARE CpP1ES OF LE(3p4 PROCESS RECEIVEp BX THE $TATUTORX AGENT OF THE ABOVE COMPANY AS FOLLOWS;

TITLE OF AC7"IONe: Sheetal Patel, Mather of:Deceased adult N9shma Kanabar On behalf of herself and

the other beneficiaries of the estate of Nishma Kanabar, et al., Pltfs. vs. Corizon

Health, Inc., etc.., et al., Dfts.

DOCUMENT($) SERVED: Summons, Complaint and Demand, Certificate

couar~na~NCY: Maricopa County - 5uperior Court, AZ

Case # GV2015052872

Na.7u~e of acT~aNs Medical Injury - Improper Care and Treatment -April 20, 2Q14

ON WHOM PROCESS WAS SERVEp: G T Corporation System, Phoenix, AZ

DATE AND: HOUR OF $ERVICEa BY PfOC@SS $~I"V2~ Oh O~/31 /ZO'I5 dt 'I54$

JURISDICTIQN SERVED : ACIZOIId

APPEARANCE OR'ANSWER DUE: Wlt~tll ?O CI1yS aftel' SeMCe~ G'XC~USjV2 Of tllQ ddy Of 521'V1Ce

ATTORNEY(S)1 SENO~R(S): SCp~t H. ZWl((lf1g@r

Goldman &Zwillinger PLLC

7047 E. Greenway Parkway

Suite'150

Scottsdale, AZ 85254

480-624-2783

AGTION ITEMS: CT has. retained the eurrent iog, Retain Date: 08/Q1 /2015, Expected Rurge Date:

08/06/2015

Image SQP

Email Notification, Britt Herron Britt.HerranG~corizonhealth.com

..Email Notficatiah, Tom Smith Thomas.SmithG~corizQnheatth.com

.Email Notification,. Stephen R. Brown steve.brown@corizonhealth.cam

Email Notification, Timothy Nelms timothy.nelmsC~corizonheatth.com

Email Notification, Kathleen Franks Kathy_FranksG~ajg~om

Email Notification, Heather Brouwers heather.brouwersG~corizonhealth.com

Page 1,af 2 / SP

information displayed on khis kransmittat is for C7

Gorporakion's record keeping purppses Doty artd sprpvided to

the recipient for quick reference. This nformation does not

constitute a legal opinion as to the nature of action, the

amount of damages, die answer date, or any informakion

contained in the documents themselves, Recipient is

responsible for interpreting said documenks and for taking

appropriake action, Signatures on ceRified mail receipts

confirm receipt of package only, not contents.

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 9 of 30
gib.. ~m {..~C)f'"~~~C~C~c~1:IC~€~

Tt?; Stephen D. Brown, R rector of'Professionat Liability Gla m

Corizor~ Health, Inc.:

103 Powell Court.

Brentwood, TN 37027

RE; Process Served In`ArizQna

FOR: Corizan Health, 4nc. (Domestic State: DE)

Service ~f IPro~e~$

'transmittal

Q7/31/2015

CT Lag Number 527568343

Email Notification, Rebecca Merritt Rek~ecca.Merr tt~corizonhealth.com

Email Nokifcation, Amy Evans amy_evansG~westemtitigation.com

Email Notification, Mary Lockhart mary~lockhartG~westernlitigat on.com

SItiNED: C T Corporation System

ADDRESS:. 3800 N Central Avenue

Suite 460

'Phoenix, AZ 85012

re~ePMOw~: 602-248-1145

Page Z of 2 / 5P

Jnfotmatlon displayed on this transmittal lsfor CT

Co~poratton's record keeping purposes only and is provided to

the recipient for quick reference. This information does ltot

constitute a legal opinion as to the nature of action, the

amount of damages, the answer date, or any informlti0n

contained in the docuine~ts themselves. Recipient Is

~esponslble for interpreting said documents and for taking

appropriate action. Signatures on certified mall receipts

conttrm receipC 4f package only, not contents,

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 10 of 30
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r_

Scott H. Zwillinger (019645)

Scott Griffiths (028906)

Aaron Crane (021732)

G()LDMAN & ZWZI.LINGER PLLC

7047 E. Greenway Parkway, Suite 150

Scottsdale, Arizona 85254

(480) 624-2783

(480) 383-6224 (Fax)

E-mail: docket@gzlawoffice.com

Attorneys for Plaant~s

p~IG~NAL

IN THE SUPERIOR COURT IN THE STATE OF ARIZONA

FOR THE COUNTY ()F MARICOPA

SHEETAL PATEL, mother of deceased

adult NISHMA KAN.A.BAR on behalf of

herself and the other beneficiaries of the

estate of NIS~TMA. KANABAR.;

MAHENDRA KANABAR, father of

Nishma Kanabar; S.A.BIAN RIOS,

surviving natural son of Nishma Kanabar,

Plaintiffs,

~i~

CORIZON HE.A~LTH,INC., a Delaware

Corporation; CORIZON, INC., a

Missouri Corporation; CORIZON, LLC.,

a Missouri limited liability company;

CORIZON HEALTH OF NEW JERSEY,

LLC, a New Jersey limited liability

company; VICEN"I'E and JANE DOE

ENCISO; TIMOTHY and JANE DOE

JOHNSON; A and JOHN JDOE NUNN;

A and J~O~-IN DOE BL;fIZNS; C and JOHN

L~OE REITERa

JOHN AND JANE DOES 1— 100;

WHITE PARTNERSHIl'S 1-100;

BLACK CORIPORA.TIONS 1-~ 00,

1

No. cv CV2U1 5--052872

SUMMONS TO CORyZON HEALTH,

l[rtC.

If you would 11ke IegaO advice f~orz~ a Oawyer,

Contact the 4awyer Referral service at

~o~•2s7-aa3~a

or

www. marlcanalawv~,rs.orr~

Sponsored by the

Maricopa County Bar Association

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 11 of 30
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e

Defendants.

THE STATE OF ARIZONA TO THE DEFENDANTS:

CORIZON WEALTH, INC.

YOU A:RE HEREBY SUMMONED and required to appear and defend, within the

time applicable, in this action in this court. If sewed within Axizona, you must 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 A.~rizona — whether by direct service, by

registered or certified mail, or by publication —you shall appear and defend within 30 days

after the sezvice of the Summons and Complaint upon you is complete, exclusive of the day of

service. Where process is served upon the .Axizona 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 outside the State of Arizona is complete

30 days after the date of receipt by the party being served. Service by publication is complete

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

upon Arizona Motor Vehicle Superintendent is complete 30 days after filing the Affidavit of

Compliance and return receipt or Officer's Return. Axiz. R. Civ Proc., Rules 4, 4.1, 4.2 and

12(a).

YOU ARE HEREBY NOTIFIED that in case of your failure to appear and defend

within the tune applicable, judgment by default may be rendered against you for the relief

demanded in the Complaint.

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

fling fee, within the time required, and you are required to serve a copy of any Answer or

response upon the plaintiff s attorney, whose name and address are set forth below. Ariz. R.

Civ, Proc., Rules S and X0; A.R.S. § ~2-311.

2

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 12 of 30
o'

Copies of the pleadings filed herein may be obtained by contacting the Clerk of

Superior Court, Maricopa County, located at 201 West Jefferson, Phoenix, Arizona.

Requests for reasonable accommodation for person with disabilities must be made

to the division assigned to the case by parties at least 3 judicial days in advance of a

scheduled court proceeding. Local Rules of Practice for the Superior Court, Maricopa

County, Rule 2.5(c).

The name and address of Third Party Plaintiff s attozney is:

Goldman & Zwillinger PLLC

7047 E. Greenway Parkway, Suite 1 SO

Scottsdale, Arizona 8S2S4

JUL 2 4 2015

SIGNED AND SEALED this date:

ti~~~~s s f: .~.~~

e4 j

4~ ?

.y

''~~.~aoa a~'"'`~

CLERK M~~~ K JEANE3~ ClPl1K

Deputy clerk

3

N. MARRUFFO

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 13 of 30
~ ~_~: z.~ r~ ~_:~ c~ r ~~ ~~~ i ~ ~ ~

TO; Stephen Q. Brown, Director of Professional Liability Claim

Corizon Health, Inc.

103 Powell Court

Brentwood, TN 37027

RE: Process Served in Arizona

FOR: Corizon inc. (Domestic State: MO)

S~~°v ~e of PrQ~e~s

Transmittal

07!31/2015

CT Log Number 527568391

ENCLpSED ARE COPIES OF LEf3AL P~tpCES$ RE¢EIVEU BY THE STATUTORX Af3ENT qF THE ABOVE CpMPANX AS FP4I.OWS:

TITLE OF ACTIONd "

DpCUMENT(S) SERVED:

COURT/At3ENCY:

NATUREOF ACTION:

ON WHOM PRQCE$S WAS SERVED:

:DATE ANA.: HQUR dF 8ERViGEd'

JURI$QICTION SERVED e'

APPEARANCE OR ANSWER DUEe

ATTQRNEY(S)/ &ENDERjS)e

ACTION ITEMS:

SIRiNED•

ADDRESS:

TELEPHONE:

Sheetat Patel, Mother of Receased adult Nishma Kanabar Qn behalf of herself and

the other beneficiaries of the estate of Nishma Kanabar, et al., Pttfs. vs. Corizan

Heatth, .Inc., etc.., et aL including Gorizon, lnc., Dfts.

Summons, Complaint, Certificate

Maricopa County -Superior Court, AZ

Case # GV2015052872

Medical Injury - ImproperLare and Treatment -April 20, 201.4.

C T Corparakion'System, Phoenix, AZ

By Prgcess Server on p7l31 /2Q15 at 15c48

Arizona

Within 20 days after service, exclusive of the day of service

Scott H. Zwilling~er

Goldman &t`Zwitlinger PLLC

7Q47 E. Greenway Parkway

:Suite 150

Scottsdale, AZ $5254

4$p-624-2783

current tog, Retain Date: 08/01(2015, Expected Purge Date:

Kathleen Franks Kathy_FranksG~ajg com

Britt Herron Britt.Herron~corizonheatth com

Tom Smith ThomasSmithC~corizonheatth.com

Stephen D. Brawn steve.brownC~corizonhealth.com

Heather Brauwers heathecbrouwers@corizonhealth.com

Rebecca Merritt Rebecca.Merritt@corizAnhealth.com

Amy Evans amy.~evans@westernitigatian,com

Mary Lockhart mary_lockhartC~westerntitigation,cam

C T:Carparatian System

3800 N CentratAvenue

-Suite 460

Phoenix, AZ 85012

602-248-1145

Page 1 of 1 l SP

information displayed on d~fs t~ansmittalis for CT Corporation's

record keeping purposes only and is provided Co the recipient for

gU1Ck reference. This information does not constitute a legal.

Opinipn as to the nature of action, the amount of damages, the

answer date, or any Information contained in the docwnents

themselves. Recipient is responsible for interpreting said

documents and for taking appropriate acticui. Signatures 4h

cer~~fied maid receipts conflnn receipt of package only, not.

conkents.

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 14 of 30
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Scott H. Zwillinger (019645)

Scott Griffiths {02$906)

Aaron Crane (021732)

GOLDMAN & ZWII..LINGER PLLC

7047 E. Greenway Parkway, Suite° 150

Scottsdale, Arizona 85254

(480) 624-2783

(480) 383-6224 {Fax)

E-mail: docket@gzlawoffice.com

Attorneys for Plaintiffs

~RIGI(~AL

IN THE SUPERXOR COURT IN THE STATE OF ARYZONA,

FOR THE COUNTY OF MAR.ICOPA

SHEETAL PATEL, mother of deceased

adult NISHMA KANABAR on behalf of

herself and the other beneficiaries of the

estate of I'~ISHMA KANABAR;

MA.~IENDRA KANABA.R, father of

Nishma Kanabar; SABIAN BIOS,

surviving natural son of Nishma Kanabar,

Plaintiffs,

v.

COR.IZON HEALTH, INC., a Delaware

Corporation; CORIZON, INC., a

Missouri Corporation; COR.IZON, LLC.,

a Missouri limited liability company;

CORIZON HEALTH OF NEW JERSEY,

LLC, a New Jersey limited liability

companyy VICENTE and JANE DOE

ENCIS~; TIMO~'HY and JANE DOE

JOI~NSON; A and JOHN DOE NUNN;

A and JOHN DOE BURNS; C and JOHN

DOE RESTER;

JOHN ANU JANE DOES ~ — l OQy

WHITE PARTNERSHIPS ~ -1 Q0;

BLACK CORPORATIOl~IS ~-100,

CV2015-X52872

No. CV

SUMMONS T4 CORIZON, INC.

Of yeu weuld like legal advie~ f~ea~ a lawyer,

Contact the Lawyer Referral Service at

soz•2s~~4a~a

pr

.r

Sponsored by the

Maricopa County bar Association

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 15 of 30
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Defendants.

TIDE STATE OF ARIZONA TO THE DEFENDAN'~S:

CORIZON, INC.

YOU ARE HEREBY SUMMONED and required to appear and defend, within the

time applicable, in this action in this court. If served within .Arizona, you must 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 certif ed 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 process is served upon the Arizona Director of Insurance as an insurer's

attorney to receive service of legal process against it zn this state, the znsurer 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 outside the State of Arizona is complete

30 days after the date of receipt by the party being served. Seirvice by publication xs complete

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

upon Axizona 1VZotor Vehicle Superintendent is complete 30 days after filing the Affidavit of

Compliance and return receipt or Officer's ][2etuzn. Axzz. R. Civ Proc., Rules 4, 4.1, 4.2 and

12(a).

YOU AKE HEREBY NOTIFIED that in case of your failure to appear and defend

within the time applicable, ,judgment by default may be rendered against you for the relief

demanded in the Complaint.

YOU A:RE CAUTIONED that in order to appear and defend, you must file an Answer

or proper response in writing wzth the Clerk of this Court, accompanied by the necessary

filing fee, wzthin the time required, and you are required to serve a copy of any Answer or

response upon the plaintiff s attorney, whose name and address are set forth below. Axzz. R.

Cxv. Prac., Rues S and 10; A,~..S. § 12-311.

2

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Copies of the pleadings filed herein may be obtained by contacting the Clerk of

Superior Court, Maricopa County, located at 201 West Jefferson, Phoenix, Arizona.

Requests far reasonable accommodation for person with disabilities must be made

to the division assigned to the case by parties at least 3 judicial days in advance of a

scheduled court proceeding. Local Rules of Practice for the Superior Court, Maricopa

County, Rule 2.5(c).

The name and addreas of Third Party Plaintiff's attorney is:

Goldman & Zwillinger PLLC

7047 E. Greenway Parkway, Suite 150

Scottsdale, Axizona 85254

SIGNED AND SEALED this date: ~~~- 2 4 2015

~Jy~g~OR CO U~rOFT

~~, CLERK

o~~~~,~~5. , ,cr s~ ~iICFi~F+I9. ~4 JHAN~, CLLitK

y p .~

4 ~ i O ~' ~. c~ , r ~

v ~ ~ ~,,

•d~~. L~PT .......3`~yaa~~ Deputy clerk

y~'~~Mnoaaxi~°~~ 

6V. tViARRUF'FC3

3

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 17 of 30
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6

Scott I-i. Zwittinger (Ol 9645}

Scott Griffiths ~0289U6}

Aaron Crane (021732)

GQLDMAN & ZWtLLXNGER PLLC

~04'l E. Greenway Parkway, Suite 150

Scottsdale, Arizona 85254

(4$0) 6242783

(480) 383-b224 {Fax)

E-mail: docket~gzlawoffce.com

A1lorneys far Flaintrffs

t'11C:1~fl. Y,. J~FC~ES. GL.ER1i

'~~C~~E}~~StiORYSIDE

15 JUI.2~+ PN 4~ ~fl

i~ll,1~

BY N. MARRU~p ~ DEP

~~ ~~~o~

IN T}~E SUPERIOR CUUI2T YN THE STATE OF ARTZt~NA

FOR THE COUNTY U~' MARICOPA

SHEETAL PATEL, mother of deceased

adult NISH~v1A K.ANABAR sin behalf of

herself and the other beneficiaries of the

estate of NTSHMA KANABAR;

MA~-IENDRA ICANABAR., father of

Nishma Kanabar; SABIAN BIOS,

surviving natural son ofNishma

Kanabar,

C'laintiffs,

ve

~~~d~~ o~~s7~

No. CV

COMPLAINT AND DEMAND FOR

JURY TRIAL

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 18 of 30
P

CO1tIZON HEALTH, INC., a Delaware

Corporation; CORIZON, YNC., a

Missouri Corporation; CORIZQN, LLC.,

a Missouri limited liability company;

CORIZ(7N HEALTH OF NEW .

JERSEY, GLC, a New Jersey limited

liability company; V10EN1'~ and JANE

D4E ~NCIS4; TIMOTHY and JANE

Dt)E J4HNSQN; A and JC3HN DOE

NUNN; A and J41-~N DOC BURNS; C

and 30HN DOE BETTER;

JOHN AND J~iNE DOES 1 -- 140;

WHITE PARTNERSHIPS I -100;

BLACK CORPORATIQIVS 1-100,

Qefendants.

Plaintiffs allege as follows:

~URiSA1CTiUlY ANU VENUE

]. Plaintiffs brim this action for violations of the Fourteenth Amendment of the

United States Constitution; 42 U.S.C. ~ 1983; and Arizona common and statutory laws,

including A.R.S. ~ 12-611, et seg.

2, k~ecause the majority Qf the parties are residents of Maricopa County, Arizona,

and the events underlying this lawsuit occurred in Maricopa County, jurisdiction and venue is

proper in this Court.

PARTIES

3. Plaintiffs incarparate the ai~egations in the ~Qregoing paragraphs as though fully

set forth herein.

4. Foy° all material banes, Nishrna Kanabar ("I~lishina") was as individual residing in

N~aricopa County, Arizona.

S. Nishma died on April 20, 2{}14a

F

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6. ~'or all material times, She~tal Patel ("Sheetal") was an individual residing in

Maricopa County, Arizona,

7. Sheetat survives her daughter, Nishma.

8. Far ail material times, Mahcndra Kanabar ("Mahendra") was an individual

residing in Maricopa Cflunty, Arizona.

9. Mahenda survives his daughter, Nishma.

10. For all material times, minor child Sabian Rios ("Sabran") was an individual

residing in Maricopa County, Arizona.

1 1. Sabian survives his mother, Nishma.

12. Defendant Corizon Health, Inc., is a privately awned Delaware Corporation that

was authorized to, and did, conduct business in Arizona, including in Maricopa County.

l3. Befendaz~t Corizon, Inc., os a privately awned Missouri Corporation that was

authorized to, and did, conduct business in Arizona, including in Maricopa County.

14. Defendant Corizon, LLC, is ~ 11~issouri limited liability corporation that was

authorized to, and did, conduct business in Arizona, including in Maricopa County. Corizon,

LLC is a wholly owned subsidiary o~ Cori~an Health, Inc. Cotjectively the Defiendants named

in this paragraph and paragraphs 12 & 13 above are herein referred to as the "Corizon

Defendants,"

l S. T~efendant Vicente 4. Enciso, MD, as a licensed physician who, during the

relevant time, was an agent or employee of Corizon Defendants and assigned to provide

medical services at various facilities operated by the Arizona D~partrnent o~ Carrectians.

16. Defendant Timothy R. Johnson, ~'A-C, is a licensed physscian's assistant rvho,

during the relevant time, was an argent ~r employee of Corizon Defendants and was assigned to

provide medical services ~t various tacilit►e5 operated by the Arizona T~epartment of

Corrections.

17. Defendant A. Nunn, RN, is a re&ister~d nurse who, during the relevant time, was

an ~~ent ~r e~r~ployee of Corizon l~cFendants end was assigned to provide nursa~g services at

various facylities operated by the Arizona Department of ~vrrections.

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~ S. Defendant A. Burns, RN, is a registered nurse who, during the relevant time, was

an agent or employee of Cori~on t3efendants and was assigned to provide medical services at

,various facilities operated by the Arizona Department ofCorrectians.

19, Defendant C. Reiter, RN, BSN, is a registered nurse wha, during the relevant

time, was an a~,ent or employee of Corizon Defendants and was assigned to provide medical

services at various facilities operated by the Arizona Department of Corrections.

20. At all material times, Defendants Encisa, Johnson, Nunn, Burns and Reiter were

acting within the course and scope of their employment and therefore Cari~on I~~fendants are

vicariously liable for under the principle of respo~zdeat superior for Defendants' Cnciso,

Johnson, Nunn, Burns ar~d Rciter's acts and omissions.

21. For purposes of Plaintiff's' claims chat arise under Federal law, including without

limitation the United States ConstitUiion and 42 U,S.C. § 1983 et seg., and as nay be relevant

to Ptainti~f's' state law cla4ms, at all Relevant times described herein, Defendants were acting

under the color of state ]aw.

22, Defendants Enciso, Johnson, Nunn, Burns and Reiter°s acts and omissions were

done for the benefit and furtherance of their respective marital coinrnunities, if any, and thus

their respecEive marital communities, if any, are liable for Defendants acts end oiniss~orrs.

Plaintiffs are unaware of the true names of these defendant's spouses, if any, and have

designated them as Jane and Jahn Does in the caption of this matter. The true namES of these

defendants will be substituted upon discovery ofsame.

23. Defendants Jahn and .ianc Does i — l00 represent defendants who may be liable

for the acts or omissions set fiorth in this Complaint. The bru~ names oFthese defendants will be

substituted upon discovery of same.

24. Defendants Black Corporations 1- l 00 and White Partnerships 1-1 QO represent

corporate defendants who may be liable for the acts or omissions set forth in this Complaint.

The true names of these defendants 1~ill be substituted upon discovery of sai»e.

FACTUAL ALLEGA"1C~ONS

C

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25. The United States Constitution and the laws of the State of Arizona, require the

Arizona Department of Corrections to provide medical care to the inmates housed in its prison

facilities.

2b. The Arizona Department of Corrections contracted with Corizon Defendants on

or about March 4, 2013, to be the exclusive healthcare provider to inmates in these prison

facilities.

27. Via chat contract, the Arizona Department o~ Corrections delegated to Coriaan

Defendants the duty ar~d responsibility oP establishing policies and procedures guaranteeing

inmate medical care that complies with the law.

28. At all material times, Corizon Defendants relied on the clinical staff at ASPCPerryville to provide medical services to decedent N~shma Kanabar and other inmates residing

in Perryville prison.

Nishma's Arrival at ASPC-Perryville

29. On March 27, 2413, Nish~l~a Kanabar, a 33-ycAr old woman, arrived at Arizona

~ State Prison — Perryville Complex ("Perryville") to serve a twa-year sentence for promoting

prison contraband.

30. Subsequent to her physical exam upon intake at Perryville an March 27, 213,

Nishma's papanicolao~3 test ('`Pap test"} returned with abnormal results showing atypical

squamous cells of'undetermined significance (ASCt15)o

31. Despite this result, the clinical staFf and attending physicians at Perryville

ordered no follow-up physical exam, no outside referral to any specialist, 170 C~i~~T105tiC ~X1IYla

and no repeat Pap test to confirm the presence of these abnonx~al cells until October 1, 2013.

The ~tesul#s of l~Iishma's Denial of Treatment

32. Beginning in August 201 ~, IVishona repeatedly regorted tta the clinical staff ac

PG'1~V1I~$ F1~Y1V}1 TYICIlS~S' irre~ul~r periods, cramping, abdominal pain, insomnia, and a ~enera9

feeling of maiais~.

33. Despite nursing staff noting in the clinical record ors September 16, 20 t 3 that

1 Nsshm~'s symptoms were `worsening= and that `urgent intervention was required,' she was

0

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simply given a prescription for Macrobid (antibiotic) by Defendant Johnson, even though she

tested negative for N. Pylori on September 5, 2013.

34. Left untreated and undiagnosed, Nishma reported passing `clots the size of fists,'

~ several abdominal pain, and extremely heavy menses at the beginning of October. It wcrs only

during ~Ite October I, 2013 visit willr nr~rsi~rg sluff that lrer ASCU,S was even mentioned in

ilre clinical record since Marclr 2D13.

35. Astonishingly, .Defendant Enciso saw Nishtna on OcEober 3, 20I3, again at

~Nishrna's request with complaints of severe, intractable pain and passage of clots, at which

time he noted that they would merely repeat the Pap test i~r four weeks if she was not bleeding

I at that time.

36. On October 12, 2013, Nishma submitted yet another Health Needs Request

("i-INR") stating that she was experiencing nausea, vomiting, abdomin~t pain, syncope, and

significant weight loss aver the previous few weeks.

37. Defendant ~nciso saw Nishma again on October 17, 2013, where he deferred her

pelvic exam and told her to return to see him iri three weeks.

38. Between the October l 7, 2013 visit and flctaber 31, 2fl l3, Nishma forwarded

multiple HNRs to clinical staff begging far help. Yet she did not see Defendant Encaso until

Uctober 31, 2013, where he inexplicably defeated yet another pelvic exam and told her to

return to the office in four weeks.

39. Nishmm did not receive her pelvic ulCrasound {or any diagnostic) until November

14, 2013, where they identified ~ Scm right ~va~rian hemprrhagic cysC and recommended

reheating the pelvic ultrasound in six to eight weeks.

4Q. By December S, 2013, N~shma was in incredibly pain and begging for someone

to help her. Defendant ~nc~so finally ordered further evaluation, including a slat CBG to rule

out cervical cancer. 4n physical exam, Defendant lEncisa notes that N~shma was pale and her

cervix appeared `hard, friable' and `eaten-up' with questionable masses noted in the right

adnexa. 1t is ors ahis date that defendant Enc►sa writes an `urgent' xefe~cal to ~ gyn~colo~,ical

specialist.

C~7

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41. ~neredibly, on December 6, 2013, Nishma submitted a request to have the

;vaginal packing inserted by Defendant Enciso the day before removed due to pain: nursing

staff note in the clinical record that Nishma would have tv `remove it herself as `there was no

provider available.'

42. Qn December G, 2013, ~lishma's CBC returns showing criticAl lab values and

severe anemia fra~n recurrent arrd voluminous blood loss. ~

43. Thankfully, un December 9, 2013, Nishma was fnatty transported to Tempe St

Luke's I-Iospital for severe anemia and blood transfusion, nearly erg/it and a italf mo~rtlis after

leer intake Pap tesl ~s retur~i~d with rrbiiorma! results.

44. Betv++een December 9, 2013 and Jpecember ll, 2013, Nishma undergoes

diagnostic testing at Tempe St Luke's Hospital to determine the ~tioiogy and significance of

her clinical symptoms. She received a dilation and curettage (D&C} to relieve hec of pain

caused by bleeding, as well as a cervic~t biopsy to rule out cancer.

45. On .Aecember .12, 2D13, 1~'islrnra was toll! she was sufferi~ig fro»r poorly

differentiated sr~unmous cell curcinomn of t/ie cervi.~ likely an advanced stages She was

discharged from tie hospital later that day with discharge recommendations of chemotherapy

and radiation `to be determined by her facility.' She was also advised to obtain a positron

emission tomography ("PET") scan to determine staging of her cancer tp receive guided

treatment.

46. qn return to Perryville on l7ecember 12, 2013, Nishma was encouraged by the

clinical staff to `stave a positive attitude' to help her Feel better. She was in terrible pain,

requesting pain medications at every possible turn. She repeatedly requested to see a specialist

sc~ that she could address her prognosis with her family.

47. By December D 7, 2013, Nishma's lab results showed that her kidneys and liver

were starting to shut down. Her PET scan an December 17, 2013, showed metastatic disease to

her uterus, skeletal muscle, liver, and colon. Her left kidney was atrophic and she had no

kidney function via her l~fk ureter°. ~-[er right kidney was hydranephratic w~tl~ minimal function.

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48. f}n Deceix~ber 20, 2013, Nishma was advised by clinical staff to `plan for care a~

her child and family if the outcome is bad.' There were plans to visit with the gynecologic

oncologist in January, as t~vell as potentially using medical consult notes to apply for nnedical

~ clemency.

49. On January 2, 2014, Defendant Johnson noted Nishma's cervical cancer to be at

~ Stake 1V{b},atypically incurable form. He indicated it was `urgent that Nishma starts chemo

t11iS V►+8ek.'

50. On 3anuary 2, 2014, Nishma finally receives her consult with the gynecological

oncologist, Ivor Benjamin, MD, who inForms her of significant renal irnnainnent and the >SO%

~ chance of recurrence to her cancer, even if the chemotherapy and radiation are successful in

bringing about remission.

51. Nishma applied far, and was granted, medical clemency from the State of

Arizona, returning home to the care of leer family on T'ebruary 28, 2014. Within days, she was

admitted to Banner Good Samaritan Medical Center with symptoms of lethargy, nausea,

vomiting, aa~d vaginal bl~cding.

52. Cn and out of the hospital, Nishma was put on palliative c~r~ on March 3l, 2014,

aver suffering from a diagnosis of clostridium docile accompanied by constant nausea and

vomiting. She needed signific~ni assistance with activities of daily living, and a feeding tube

was placed to keep her nourished.

S3. $y April $, 2013, Nishma was su~'fering intractable pain from a small bowel

obstruction that was consistent with retroperitoneal carcinomatosis and multiple bony lesions

corttirming metastatic disease. Nishma's pawn and suffering continued when she was required

to undergo a colectomy tQ allow her tc~ pass stools

54. Nishma needlessly died mra April 20, 2U14, leaving behind a laving family,

10 including her mother, father and a 14•year old son.

~4aUlYT C3NE

~iolatian off° ivwl Rights Under the Eiglhth and Faur€~~enth A.enendrnen~.s

and 42 U.S.Q. §1983

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{Defendants Eacisa, Sohnso~, l~iunn, Burns, and Reiter)

SS. Plaintiffs incorporate the aticgations in the foregoing paragraphs as though fully

set forth herein.

56. The Eighth Amendment to the United Stags Constitution, which applies to the

Defendants pursuant to the Due Process Clause of the Fourteenth Amendment, €orbids ane

who acts under color o~ Jaw from being deliberately indifferent to the serious medical needs of

individuals in their custody and control.

57. At all relevant times, Defendants were acting under color of law.

58. At all relevant times, Nishma was in the custody and control of Defendants.

59. flmon~, other things, Defendants Enciso, Johnson, Nunn, Burns, and Reiter knew

chat Nishma had an abnormal Pap test upon inta~:e, as weSl as significant ongoing blood loss,

intractable pain, and clinical symptoms v~~hich were unabated by palliative therapy.

60. Despite Nishrna's complaints and repeated requests for medical care, Defendants

~nciso, Johnson, Nunn, $urr►s, and Reiter deliberately withheld medical care frvrn Nishma as

sbe was experiencing, an obviously clinically significant event and enduring substantial pain.

6l. Defendants Encino, Johnson, Nunn, Burns, and Reiter conduct in this regard was

objectively unreasonable and was undertaken with urillful, reckless and malicious indifference

to the constitutional rights and liberty interests of Plaintiffs and with no regard to the likelihood

that harm would and did result and that Nishma would and did suffer extreme unnecessary pain

that bore ncs legitimate penological purpose.

b2. The wrongful conduct of Dei'cndants ~neiso, 3ohnson, Nunn, Bums, and Reiter

constitutes violations of 42 t3.S.C. § 1983 in that, with deliberate and callous indifference, they

deprived Nishma of her Eighth andlor Fourteenth Amendment rights under the United States

Constitution by denying Nishma desperately needed and required medical treatment while she

was under their care.

63. ~s a direct and praxirnat~ result of Defendants Enciso, Johnson, Nunn, Barns,

~ and R~itcr's delibe~'ate indifference, Nishrra sufl~cr~d extraordinary pain and ~ premature

death, and the Estate of Nishma TCanab~r has suf~'ered damagese

D

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64. As a direct and proximate result aF DcPendants Enciso, Johnson, Nunn, Burns,

and Reiter deliberate indifference, Sheetal Patel, Mahendra Kanabar, and Sabian Rios hive

forever lost the liberty interest guaranteed t~aem by the Fourteenth Amendment to enjoy the

companionship, society and suppor! of Nishma.

65. ?he acts and omissions of Defendants Enciso, Johnson, Nunn, Burns, and Reiter

~~vere of such a nature as to entitle Plaintiffs each to an award of exemplary and punitive

damages to punish the wrongful conduct alleged herein and io deter such conduct in the future

66. Pursuant to 42 U.S.C. § 1988 and other applicable law, Plainti f'fs are also entitled

~ to an award of incurred attorneys? Fees and costs.

COUNT TWO

Wrongful Death Pursuant to A.R.S. §12-G1 I)

(All Defendants)

67. Plaintiffs incorporate the allegations in the foregoing paragraphs as though dully

set forth herein.

6$. Defendants had a duty to assure the safety and wetl-being of Nishma while in

their care, a duty that included, without limitation, providing proper, appropriate, and timely

medical care to Nishma.

69. L}efendants breached their duties to Nishma, as identified in the allegations set

forth in the paragraphs above,

70. Despite being the primary physician responsible far ensuring Nishma received

proper medical care, Defendant Enciso prolonged physical exams, delayed diagnostic testing,

and failed to supervise Corizon clinical star' — Enciso's subordinates v►+ith regard to Nishma's

care — to ensure that Nishrna rECCived proper medical care.

71. Notwithstanding 4his nfln-delegable duty, the State off` Arizona sought a prsvate

contractor to exclusively manage and provide medico! care to inmates ire its state prison

I facilities.

72. horizon 17etemdants undertook a duty to provide adequate '~edical Dare to the

inmates of the State of Arizona. This includes ~1) the duty to supervise ail of ats employees and

10

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agents, and (2} the duty to ensure that its employees and agents satisfy all Federal, state, and

applicable industry standards. These duties further include a duty to properly screen incoming

inmates far medical needs and to coordinate outside services/treatment whenever necessary to

provide adequate medical care. Corizan also assumed a duty to respand to known problems

(e.g., abnormal Pap test results) andtor improper customs, policies, practices, and procedures,

including those that could potentially jeopardize the provision of adequate medical pare.

73. Cori~on Defendants breached their duties, as identified by the aUegatians sct

forth in the paragraphs above, by {among others and without limitation) willfully participating

in a praCtiee or custom that denied Nishma adequate medical care, and by ratifying improper

conditions, customs, policies, procedures and/or practices that jeopardized the provision of

adequate medical care.

7~. As a direct and proximate result of the negligent actions of Defendanis to provide

~ Nishma with medical care, Nishrna's mother, father, and son have been deprived of the

~ continued companionship and society of their daughter and mother, and• have suffered and

~ continue to suffer the loss of a loved one, affection, companionship, care, protection, guidance,

as will as pain, grief, sorrow, anguish, sires, shack, mental suffering, and have suffered both

economic and nfln-economic damages in an amount to be proven at trial.

7S. Additionally, the acts of Defendants, as set forth above, demonstrate gross and

wanton negligence in thmt each of them knew or had reason to know that their acts individually

and coiZectively created an unreasonable risk of bodily harm to Nishma and a high probability

that substantial harm would result.

76. In causi»g the painful, barbaric and premature death of ~lishma, Defendants

~ acted with an evil mind and a mali~n~nt heart as evidenced by the conscious and de~iberaie

disregard off' the interest and rights of Td~shma Kanabar, Sheetal Patel, Mahendra Kanabar,

Sabian Rios, and other members c~fNishma's family.

COUNT THREE

Vialat~on of Civil Btigh~s---42 U.S.C. §983

(Corizon Defendants)

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77. Plaintiffs incorporate the allegations in the foregoing paragraphs as though Putty

set forth herei~z.

7$. The Eighth Amendment to tf~e United States Constitution, which applies to the

Corizon Defendants pursuant to the Due t'rocess Clause of the Fourteenth Amendment, forbids

them Born adopting, promulgating or approving a policy, procedure or custom that is

deliberately indifferent to the serious medical needs of individuals in their care, custody and

control.

79. ~7espite this, the Corizon Defendants adopted, promulgated and approved

policies, procedures and customs that violated the Eighth Amendment to the United States

Constitution because they were deliberately indifferent to the serious medical needs of

individuals in their care, custody, and control, including without ]imitation policies, procedures

and customs concernir~g the filling of prescription medication, pain management, housing and

care of critically ill inmates, and the management o~ long term chronic conditions, such as

~ cancer.

80. The Corizon Defendants' promulgating, adopting and approving policies, j

procedures and customs in this regard was objectively unreasonable and was undertaken with

willful, reckless and malicious indift'erence to tt~e constitutional rights and liberty interests of

the individuals in i#s care, custody and control, including wiChout limitation to and with no

regard to the likelihood that harm would and did result and that unnecessary pain and suffering

would be inflicted.

81, As a direct aid proximate result of Corizon Defendants' constitutionally

deficient policies, procedures and customs, Nishma was reputedly denied desperately needed

medical care and did not receive proper management of her long term chronic illness,

including without limitation the pain caused by metastatic cerv~ca! cancer, such that she

suffered extreme unnecessary pain that bore no legitimate penological purpose.

JURY TRIAL DEMAND

$2. Plaintiffs hereby demand a jury trial in this anatter as to X11 Maims end aga►nst X11

~}efendants.

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18

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PR.AY~tZ Ft~R RE1LlEF

WHEREFORE, Plaintiffs requests that the Court enter judgment against the

Defendants and in favor of the Plaintiffs, as hallows:

a) For compensatory, genera! and special damages against each and every Defendant,

jointly and severally, in an amount to b~ proven at trial, and

b) Ftir punitive and exemplary damages ~g~inst I7e~endants in an amount appropriate

to punish the wrongful conduct alleged herein and tv deter such conduct in the

future; and

c) For pre-and posC judgment interest to the extent provided by law; and

d) For Piaintif~s' incurred costs, including all incurred attorneys' fees and court costs,

pursuant to 42 U.S.C. § 19$8 and as otherwise authorized by any other statute or ~'

law; and

e) For such other reliefas this Court may deem proper.

RESPECTFULLY SUBMITTED this 24'b day ofJuly, 2015.

GOLDMAN & ZWILLINGER PLLC

/s/ _ -

Scott H. Z~llinger

Scott Griffiths

Aaron Crane

747 E. Greenway Parkway, Suite 1 SO

Scottsdale, ~r~zana 85254

~3ttorneys~"or the Plafratif,~s

~c.'

Case 2:15-cv-01613-NVW Document 1-1 Filed 08/19/15 Page 30 of 30