Home Page
Important Dates
FAQ'S
Class Notice and Insured Claim Form
Class Notice and Provider Claim Form
Published Notice
Links to Settlement Agreement and related documents
blank
blank

Adobe Acrobat Reader Link Get Adobe Acrobat Reader

 

Settlement Agreement and Related Documents

The following documents are associated with a proposed class action settlement that will be considered for approval by the courts presiding over the following two class actions: Yolanda Garza v. Nationwide Mutual Insurance Company et al., District Court of Nueces County, Texas, 148th Judicial District, Cause No. 02-06322-E (the “Garza Action”); and Macaela Cashman v. Allied Property and Casualty Insurance Company, et al., United States District Court, District of Arizona, Case No. 05-415 (the “Cashman Action”). As provided in the Stipulation, final approval of the proposed settlement in the foregoing two actions will also result in dismissal of the following two cases pending in the Circuit Court, Third Judicial Circuit, in and for Madison County, Illinois: Mark J. Eavenson, D.C., d/b/a Multi-Care Specialists, P.C. v. Allied Property and Casualty Insurance Company, et al., Case No. 03 L 1469 (the “Eavenson Action”) and Gerald H. Bemis, Sr., D.C., et al. v. AMCO Insurance Company, et al., Case No. 04 L 1006 (the “Bemis Action”). Consequently, pleadings identified in CAFA, 28 U.S.C. § 1715, from each of the four cases have been provided

Copies of complaints and any materials filed with the complaints and any amended complaints:

CASE DATE DOCUMENT
Garza 12/09/02
Plaintiff’s Original Class Action Petition
Plaintiff’s Motion for Class Certification
08/22/03 Plaintiff’s Original Class Action Petition
03/16/04 Plaintiff’s Second Amended Class Action Petition
02/14/05 Plaintiff’s Third Amended Class Action Petition
12/01/05
Plaintiff’s Fourth Amended Class Action Petition
Plaintiff’s Motion for Class Certification
Cashman 05/23/05
Class Action Complaint
Plaintiff’s First Set of Non-Uniform Interrogatories and Request for Production of Documents to Defendants
06/27/05
Notice of Removal to United States District Court (State Court)
Civil Cover Sheet
Notice of Removal to United States District Court - Federal Court
Declaration of Robert L. Rivera
03/15/06 First Amended Class Action Complaint
Bemis 09/14/04
Class Action Complaint
Declaration of Mark J. Eavenson, D.C.
Declaration of Gerald H. Bemis, Sr., D.C.
Plaintiffs’ Motion for Class Certification
02/16/05 Motion for Leave to File First Amended Complaint
02/16/05 Plaintiffs’ Motion for Class Certification
09/16/05 Order Granting Motion for Leave to File First Amended Complaint
09/16/05 First Amended Class Action Complaint
Eavenson 10/27/03
Class Action Complaint
Affidavit of Richard J. Burke
Plaintiff’s Motion for Class Certification
11/23/04
Motion to File First Amended Class Action Complaint
Order Granting Motion to File First Amended Class Action Complaint
Plaintiff’s First Amended Motion for Class Certification

Settlement Documents, Notices, and Judicial Orders and Opinions

CASE DATE DOCUMENT
Garza 08/22/03 Plaintiff’s Original Class Action Petition
10/29/07
Notice of Filing Stipulation of Class Action Settlement
Stipulation of Class Action Settlement
      Exh. 1 – Garza Preliminary Approval Order
      Exh. 2 – Cashman Preliminary Approval Order
      Exh. 3 – Class Notice
      Exh. 4 – Publication Notice
      Exh. 5 – Insured’s Claim Form
      Exh. 6 – Provider Claim Form
      Exh. 7 – Garza Final Approval Order and Judgment
      Exh. 8 – Cashman Final Approval Order and Judgment
10/29/07
Joint Motion for Preliminary Approval of Proposed Class Action Settlement (including memorandum of authorities)
      Exh. A – Eavenson First Amended Class Action Complaint
      Exh. B – Bemis First Amended Class Action Complaint
      Exh. C – Cashman First Amended Class Action Complaint
      Exh. D – January Term Sheet
      Exh. E – May Term Sheet
10/29/07 Preliminary Approval Order
03/06/08 Final Order and Judgment Approving Class Action Settlement and Dismissing Class Action with Prejudice
Cashman 10/05/07 Order Setting Preliminary Approval Hearing
11/02/07
Notice of Filing Stipulation of Class Action Settlement
Stipulation of Class Action Settlement
      Exh. 1 – Garza Preliminary Approval Order
      Exh. 2 – Cashman Preliminary Approval Order
      Exh. 3 – Class Notice
      Exh. 4 – Publication Notice
      Exh. 5 – Insured’s Claim Form
      Exh. 6 – Provider Claim Form
      Exh. 7 – Garza Final Approval Order and Judgment
      Exh. 8 – Cashman Final Approval Order and Judgment
11/02/07
Joint Motion for Preliminary Approval of Proposed Class Action Settlement (including memorandum of authorities)
      Exh. A – Garza Plaintiff’s Fourth Amended Class Action Petition
      Exh. B – Eavenson First Amended Class Action Complaint
      Exh. C– Bemis First Amended Class Action Complaint
      Exh. D – January Term Sheet
      Exh. E – May Term Sheet
11/02/07
Notice of Compliance with Order dated October 5, 2007
      Exh. A – Garza Preliminary Approval Order
11/08/07 Preliminary Approval Order
03/17/08 Final Order and Judgment Approving Class Action Settlement and Dismissing Class Action with Prejudice