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NATIONAL UNION FIRE v. ESI ERGONOMIC SOLUTIONS

Nos. CIV-03-2417-PHX-SRB, CIV-04-0010-PHX-SRB.

342 F.Supp.2d 853 (2004)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA, Plaintiff, v. ESI ERGONOMIC SOLUTIONS, LLC, et al., Defendants. ESI Ergonomic Solutions, LLC, Plaintiff, v. National Union Fire Insurance Company Of Pittsburg, Pa, Garnishee.

United States District Court, D. Arizona.

September 29, 2004.

Attorney(s) appearing for the Case

Timothy J. Thomason, Maxine Mary Becker, Mariscal Weeks Mclntyre & Friedlander PA, Steven Plitt, Joshua D. Rogers, Kunz Plitt Hyland Demlong & Kleifield PC, Phoenix, AZ, for Plaintiff.

Edward Moomjian, II, Chandler & Udall LLP, Tucson, AZ, Christopher Alan La-Voy, LaVoy & Chernoff PC, Phoenix, AZ, for Defendants.

ORDER

BOLTON, District Judge.

These consolidated actions arise out of class representative ESI Ergonomic Solutions, LLC's efforts to collect on a judgment entered against United Artists Theatre Circuit, Inc. ("United Artists") in litigation filed in Maricopa County Superior Court. Because the Court lacks subject matter jurisdiction, it remands one of the actions and dismisses the other.

BACKGROUND

In August 1999, United Artists contracted...

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