Stollenwerk

MEMORANDUM **

Plaintiffs Stollenwerk, DeGatica and Brandt (collectively, “Plaintiffs”) appeal the district court’s grant of summary judgment to Defendant Tri-West Health Care Alliance (“Tri-West”) on Plaintiffs’ claims that Tri-West negligently failed to secure their personal information maintained on Tri-West’s computers. During a December 14, 2002 burglary at Tri-West’s headquarters, computer servers containing hard drives with Tri-West’s customers’ personal information—including names, addresses, and social security numbers— were stolen. Stollenwerk and DeGatica claim damages in the form of credit monitoring insurance they purchased after the burglary. Brandt claims damages suffered after his personal information was used in six identity theft incidents. We affirm the grant of summary judgment with regard to DeGatica and Stollenwerk’s claims, and reverse and remand with regard to Brandt’s claim.

Plaintiffs also ask us to certify the general question of the availability of credit monitoring damages under Arizona law to the Arizona Supreme Court. As discussed below, our view of Plaintiffs’ claims is such that the answer to this question would not be dispositive of the case. As…