Free Notice of Appeal - District Court of Arizona - Arizona

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T. Michael Daggett (#002784) Christian C.M. Beams (#019672) Brian J. Palmer (#023394) STINSON MORRISON HECKER LLP 1850 North Central Avenue, Suite 2100 Phoenix, Arizona 85004-4584 (602) 279-1600 Fax: (602) 240-6925 E-mail: [email protected] Attorneys for Plaintiff Alanco Technologies, Inc. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ALANCO TECHNOLOGIES, INC., an Arizona corporation; TECHNOLOGY SYSTEMS INTERNATIONAL, INC., f/k/a/ TSI ACQUISITION CORPORATION, an Arizona corporation; ROBERT R. KAUFFMAN and ELIZABETH KAUFFMAN, husband and wife; GREG E. OESTER and LINDA OESTER, husband and wife, Plaintiff(s), v. CAROLINA CASUALTY INSURANCE COMPANY, a Florida corporation Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-04-0789-PHX-DGC NOTICE OF APPEAL (Assigned to the Honorable David G. Campbell)

This notice is filed by all Plaintiffs in this matter, which are as follows: Alanco Technologies, Inc., Technology Systems International, Inc., Robert R and Elizabeth Kauffman, and Greg and Linda Oester ("Plaintiffs"). Notice is hereby given that

Plaintiffs appeal to the United States Court of Appeals for the Ninth Circuit from the following: 1) the Order, dated May 17, 2006 and filed May 18, 2006, granting

summary judgment for Defendant and denying summary judgment in favor of Plaintiffs, and the resultant final judgment dated May 18, 2006; 2) the Order, dated May 18, 2005

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1 and filed May 19, 2005, granting summary judgment for Defendant that the Insured vs. 2 Insured exclusion applied to an October 17, 2002 letter sent by the Technology Systems 3 International, Inc. Board of Directors, denying summary judgment in favor of Plaintiffs 4 on this issue, as well as granting summary judgment for Defendant on Plaintiffs' bad 5 faith and breach of the covenant of good faith and fair dealing claims; 3) the Order, 6 dated September 16, 2004, filed September 20, 2004, granting summary judgment for 7 Defendant that the underlying action was not covered under the policy at the time it was 8 captioned as a derivative action, denying summary judgment in favor of Plaintiffs on 9 this issue, as well as the Court's finding that collusion need not be shown in order for 10 the Insured vs. Insured exclusion to apply; and 4) any such other rulings as rendered 11 appealable by the foregoing. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORIGINAL electronically filed this 16th day of June, 2006: Clerk of the Court Sandra Day O'Connor U.S. Courthouse 401 West Washington Street Phoenix, Arizona 85003 Copy of the foregoing hand-delivered this 10th day of March, 2006, to: Honorable David Campbell Sandra Day O'Connor U.S. Courthouse 2
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DATED this 16th day of June, 2006. STINSON MORRISON HECKER LLP By: /s/ Christian C.M. Beams T. Michael Daggett Christian C. M. Beams Brian J. Palmer 1850 N. Central Avenue, Suite 2100 Phoenix, Arizona 85004-4584 Attorneys for Plaintiff Alanco Technologies, Inc.

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401 W. Washington Street Phoenix, AZ 85003 /s/ Kris Jones

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