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David and Rhona Goldfarb, Pro Se
11437 N. ssl Place APR 142008
Scottsdale, Arizona 8525 C
LERK u s ossmrct COURT
BY orstmct OF mmm
*·———~—M ospury
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
SHIMKO & PISCITELLI, et al.,
Case No: CIV-04-78-PHX-FIM
Plaintiffs,
GOLDFARB DEFENDANTS’
v. J OINDER IN WOODCOCK
DEFENDANTSAND ROSS
DAVID GOLDFARB; RICHARD ROSS, DEFENDANTS’MOTION TO DISMISS
et al. CLAIMS AND MOTION FOR
SUMMARY JUDGMENT
Defendants.
Defendants David and Rhona Goldfarb (the "Goldfarb Defendants") join in
the Motion to Dismiss Claims and Motion for Summary Judgment tiled by the
Woodcock Defendants as well as the J oinder filed by the Ross Defendants.
Plaintiffs’ claims are precluded as a matter of law for all the reasons stated in the
above described pleadings which are incorporated here in their entirety.
Goldfarbs’ Joinder is also supported by the Declaration of David Goldfarb filed
concurrently with this pleading.
In addition, in reversing this Court’s earlier grant of summary judgment to
Ross and Goldfarb, The Ninth Circuit questioned Shimko’s failure to disclose his
conflict of interest and suggested that this Court examine that conduct under the
applicable law to determine whether Shimko would be entitled to fees. When that
scrutiny is made, Shimko is not entitled to any award of fees. Furthermore, on
April 29, 2003, Shimko belatedly recognized his conflict and sent a letter to two
defendants, Brill and Ritchie, suggesting that they consider separate counsel. That
letter was only generated after Shiml
individual defendants. Obviously, the same conflict existed throughout the
representation. The letter highlights the fact that no one, including Shimko
believed that the individual defendants were responsible for Shimko’s fees. When
Shimko focused on the nature of his representation caused by a realization that he
had to look some where other than the Corf Entities for payment, the conflict of
simultaneous representation of multiple clients became apparent.
Dated April 10, 2008 (Q./Q Z
David Goldfarb
éifiona GoEidf
Case 2:04-cv-OOO78—FJI\/I Document 195 Filed O4/14/2008 Page 2 of 2
Case 2:04-cv-00078-FJM
Document 195
Filed 04/14/2008
Page 1 of 2
Case 2:04-cv-00078-FJM
Document 195
Filed 04/14/2008
Page 2 of 2
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