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7548428_1

THE CAVANAGH LAW FIRM 

A Professional Association 

 

1850 NORTH CENTRAL AVENUE 

SUITE 2400 

PHOENIX, ARIZONA 85004-4527 

(602) 322-4000

Scott A. Salmon, SBN 006443

ssalmon@cavanaghlaw.com

Attorneys for Defendant Safeco Insurance 

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

Ernest Moreno and Amelia Moreno, 

husband and wife,

Plaintiffs,

v.

Safeco Insurance Company of America, 

a/k/a Safeco Insurance, a member of Liberty 

Mutual Group, Inc., a foreign corporation,

Defendant.

NO. _________________

DEFENDANT’S PETITION FOR 

REMOVAL AND NOTICE OF 

REMOVAL

Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, Safeco Insurance Company of 

America (“Defendant”), by and through counsel undersigned, respectfully files this Petition 

for Removal and Notice of Removal of Ernest Moreno and Amelia Moreno, husband and 

wife v. Safeco Insurance Company of America, a/k/a Safeco Insurance, a member of Liberty 

Mutual Group, Inc., a foreign corporation, Maricopa County Superior Court Case No. 

CV2015-007941, from the Superior Court of the State of Arizona, Maricopa County, to the 

United States District Court for the District of Arizona, and in support thereof says as 

follows: 

Case 2:15-cv-01783-SRB Document 1 Filed 09/08/15 Page 1 of 5
LAW OFFICES

THE 

CAVANAGH 

LAW 

FIRM, P.A.

1850 NORTH CENTRAL AVENUE, SUITE 2400

PHOENIX, ARIZONA 85004-4527

(602) 322-4000

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7548428_1 2

1. A civil action seeking to recover money damages has been commenced by 

Plaintiffs Ernest Moreno and Amelia Moreno, and is now pending in the Maricopa County 

Superior Court in and for the State of Arizona, captioned Ernest Moreno and Amelia 

Moreno, husband and wife v. Safeco Insurance Company of America, a/k/a Safeco 

Insurance, a member of Liberty Mutual Group, Inc., a foreign corporation, Maricopa

County Superior Court Case No. CV2015-007941 (“the State Action”).

2. Plaintiffs’ Complaint was filed on July 8, 2015. True and correct copies of the 

original Complaint, Summons, Certificate of Compulsory Arbitration, and Demand for Jury 

Trial, are attached hereto as Exhibit “A” and incorporated herein by reference.

3. Plaintiffs’ Complaint was not properly served on Defendant and Defendant so 

advised Plaintiff.

4. Plaintiffs’ Amended Complaint was filed on July 30, 2015. A true and correct 

copy of the Amended Complaint filed by Plaintiffs in the State Action, is attached hereto as 

Exhibit “B” and incorporated herein by reference.

5. The Amended Complaint was served upon Defendant on August 10, 2015. A 

copy of the Affidavit of Service is attached hereto as Exhibit “C.”

6. A copy of the First Amended Summons is attached hereto as Exhibit “D.”

7. A copy of the First Amended Certificate of Compulsory Arbitration is 

attached hereto as Exhibit “E.”

8. A copy of Plaintiffs’ First Amended Demand for Jury Trial is attached hereto 

as Exhibit “F.”

9. To date, Defendant is not aware of other pleadings filed in the State Action. 

10. Pursuant to L.R. 3.6(b), Defendant certifies that Exhibits A–F are true and 

correct copies of all pleadings and other documents filed in the State Court proceeding.

11. According to Plaintiffs’ Complaint, Plaintiffs are citizen of the state of 

Arizona. See Exhibit B at ¶ I. 

Case 2:15-cv-01783-SRB Document 1 Filed 09/08/15 Page 2 of 5
LAW OFFICES

THE 

CAVANAGH 

LAW 

FIRM, P.A.

1850 NORTH CENTRAL AVENUE, SUITE 2400

PHOENIX, ARIZONA 85004-4527

(602) 322-4000

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7548428_1 3

12. According to Plaintiffs’ Complaint, Plaintiff Ernest Moreno suffered personal 

injury as a result of a motor vehicle collision. See Exhibit B at ¶ III. 

13. Defendant is a corporation organized under the laws of the state of New 

Hampshire with its principal place of business located in Boston, Massachusetts.

14. This is a civil action over which this Court has original jurisdiction under 

the provisions of 28 U.S.C. § 1332, and may be removed to this Court by Defendant 

pursuant to the provisions of 28 U.S.C. § 1441(b) because it is a civil action between 

citizens of different states and the matter in controversy herein exceeds the sum of 

$75,000.00, exclusive of interest and costs. Plaintiffs have demanded the $100,000 policy 

limit in satisfaction of their claim against Defendant See Exhibit G. 

15. In addition, Plaintiffs seek punitive damages, which can be considered in 

satisfying the jurisdictional limit for the case. See Exhibit B at ¶ X; Thomas v. Standard Ins. 

Co., 2010 WL 994507 (D. Ariz. 2010) (a claim for punitive damages can be considered 

when determining whether the jurisdictional minimum has been satisfied). 

16. Plaintiffs also seek attorney’s fees, which can also be considered in satisfying 

the jurisdictional limit for the case. See Exhibit B at 4:21; Ansley v. Metropolitan Life Ins. 

Co., 215 F.R.D. 575 (D. Ariz. 2003) (holding that a claim for attorney’s fees and costs can 

be considered in determining whether the jurisdictional minimum has been satisfied).

17. Plaintiffs have also certified that the case is not subject to compulsory 

arbitration, meaning that Plaintiffs view the case as having a value in excess of $50,000. 

See Exhibit E; Ansley, 215 F.R.D. 575 (holding that a Certificate Regarding Compulsory 

Arbitration is a concession of the claimed value of a case for purposes of determining 

whether the jurisdictional minimum has been satisfied). 

18. Defendant is entitled to remove this matter from the Superior Court of 

Maricopa County pursuant to 28 U.S.C. § 1441.

Case 2:15-cv-01783-SRB Document 1 Filed 09/08/15 Page 3 of 5
LAW OFFICES

THE 

CAVANAGH 

LAW 

FIRM, P.A.

1850 NORTH CENTRAL AVENUE, SUITE 2400

PHOENIX, ARIZONA 85004-4527

(602) 322-4000

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7548428_1 4

19. There are no other named defendants in this matter so no additional consent 

is necessary. 28 U.S.C. § 1446(a).

20. This Notice of Removal is filed pursuant to 28 U.S.C. Section 1446(b)(2)(B) 

within 30 days of service of the Complaint in the State Action upon Defendants, as provided 

in Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999); Lacey v. 

Malandro Commun., Inc., No. CV-09-01429; 2009 U.S. Dist. Lexis 113993 (D. Ariz., 

Dec. 8, 2009). 

21. Pursuant to LRCiv 3.6(a), a copy of the Notice of Removal has been filed 

with the Clerk of the Superior Court of the State of Arizona, Maricopa County. 

WHEREFORE, PREMISES CONSIDERED, Defendant requests that the aforesaid 

action pending in the Superior Court of Maricopa County, State of Arizona, be removed 

from that Court to the United States District Court in and for the District of Arizona for 

trial and determination of all issues, subject to motions pursuant to Rule 12 of the Federal 

Rules of Civil Procedure.

DATED this 8

th day of September, 2015.

THE CAVANAGH LAW FIRM, P.A.

By: s/ Scott A. Salmon 

Scott A. Salmon

Attorneys for Defendant

Case 2:15-cv-01783-SRB Document 1 Filed 09/08/15 Page 4 of 5
LAW OFFICES

THE 

CAVANAGH 

LAW 

FIRM, P.A.

1850 NORTH CENTRAL AVENUE, SUITE 2400

PHOENIX, ARIZONA 85004-4527

(602) 322-4000

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7548428_1 5

CERTIFICATE OF SERVICE

I hereby certify that on September 8, 2015, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing to the following 

parties:

William H. Doyle

The Doyle Firm

1313 East Osborn Road, Suite 220

Phoenix, AZ 85014

alg@doylelawgroup.com

Attorneys for Plaintiffs

Scott M. Golden

1313 East Osborn Road, Suite 220

Phoenix, AZ 85014

scott@smg-law.com

Attorneys for Plaintiffs

 s/ S. Albue 

Case 2:15-cv-01783-SRB Document 1 Filed 09/08/15 Page 5 of 5