Free Motion to Strike - District Court of Arizona - Arizona

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Timothy A. Shimko (PRO HAC VICE) (OSBN 0006736) David A. Welling (PRO HAC VICE) (OSBN 0075934) TIMOTHY A. SHIMKO & ASSOCIATES 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV-04-78-FJM Judge Frederick J. Martone PLAINTIFF'S MOTION TO STRIKE "DEFENDANT MILTON & KATHI GUENTHER (GUENTHERS) REQUEST TO BE ADDED TO DEFENDANT WOODCOCKS AMENDED MOTION TO DISMISS CLAIMS AND MOTION FOR SUMMARY JUDGMENT; AND MOTION FOR SANCTIONS"

TIMOTHY A. SHIMKO, Plaintiff, v. DAVID GOLDFARB and RICHARD ROSS, et al., Defendants.

NOW COMES the Plaintiff, Timothy A. Shimko, and hereby submits his motion to strike Defendant Guenthers' request to be added to Defendant Woodcocks' amended motion to dismiss claims and motion for summary judgment and motion for sanctions (Document No. 201). The basis for this motion to strike the Guenthers' recent filing is that the Guenthers (now proceeding pro se) are apparently confused as to what has already transpired in these proceedings. This Court already entered judgment in favor of the Plaintiff and against the Guenthers in the amount of $59,945 (Document No. 181). The fact that the Guenthers are now attempting to join in a motion for summary judgment filed by one of their co-Defendants reveals that they do not have a grasp as to what has already happened in this case. As this Court is aware, a bench trial already happened against the Guenthers and the Court of Appeals remanded this case as to the Guenthers for

Case 2:04-cv-00078-FJM

Document 204

Filed 04/29/2008

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a re-determination of damages, which this Court already did (Doc. 181). The Guenthers' instant motion illustrates their confusion and is misplaced, and should be stricken. Further, it should be pointed out that the Guenthers' motion is unsigned. This is further reason to strike it. The Court should strike Document 201. (If this Court determines that it wishes to construe the Guenthers' filing as a motion for relief from judgment, which it is not, then in that event, the Plaintiff respectfully requests that the Court permit the Plaintiff leave to respond to the motion as such.) RESPECTFULLY SUBMITTED on this 29th day of April, 2008. TIMOTHY A. SHIMKO & ASSOCIATES By: /s/ Timothy A. Shimko Timothy A. Shimko (OSBN 0006736) David A. Welling (OSBN 0075934) 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Attorneys for Plaintiff

Case 2:04-cv-00078-FJM

Document 204

Filed 04/29/2008

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COPY of the foregoing electronically filed and served this 29th day of April, 2008 upon: Roger L. Cohen, Esq. Jaburg & Wilk, P.C. 3200 North Central Avenue, Ste. 2000 Phoenix, Arizona 85012 [email protected] Counsel for Defendant Ross Richard J. McDaniel, Esq. 11811 N. Tatum Blvd., Ste. 1051 Phoenix, Arizona 84208 Counsel for Defendants Woodcock Mr. and Mrs. David Goldfarb 11437 N. 53rd Place Phoenix, Arizona 85254 Defendants Milton and Kathi Guenther 3642 E. Rockwood Phoenix, Arizona 84032 Defendants in pro per

/s/ Mildred Pacheco

Case 2:04-cv-00078-FJM

Document 204

Filed 04/29/2008

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