Free Statement - District Court of Arizona - Arizona

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Law Office of James Burr Shields 382 East Palm Lane Phoenix, Arizona 85004-1531 (602) 307-0780 (Office) (602) 307-0784 (Facsimile)
James Burr Shields II, State Bar #011711 John A. Conley, State Bar #016429 Blake Simms, State Bar #021595 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA

) ) ) ) ) Plaintiffs, ) ) vs. ) ) 5. Home Mortgage, Inc., an ) Arizona corporation conducting ) business in Arizona, ) 6. Carl Brown; ) 7. Molly Brown; ) 8. Greg Brown; ) 9. Jane Doe Brown; ) 10. Does 1-10; ) 11. XYZ Corporations; ) 12. Black Partnerships; ) ) Defendants. ) _________________________________)

1. 2. 3. 4.

Cathleen Channel, Theresa Wharry, Stacie Hanson, Monique Nichols,

Case No. CIV 2003-0100 PHX ROS

JOINT STATEMENT OF THE CASE

Plaintiffs, Cathleen Channel, Theresa Wharry, Stacie Hanson, and Monique Nichols, and Defendants, Carl Brown and Molly Brown ("Defendants"), pursuant to the Court's instructions during the September 29, 2006, Status Conference, by and through counsel undersigned, hereby file their Joint Statement of the Case. I. STATUS Plaintiffs, on October 4, 2006, conducted Carl Brown's and Molly Brown's depositions. Plaintiffs, during the deposition, learned of the existence of documents they stated they had not before seen. Defendants stated they previously sent the documents. The
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parties agreed some breakdown of communication or delivery method probably caused the problem. Defendants have agreed to make available for questioning on these documents both Defendants. The parties have tentatively scheduled the interview for October 25, 2006. Plaintiffs have, pursuant to information they obtained during the depositions, issued further subpoenas. The parties, at this point, do not see the need for any other discovery. If the parties come to the conclusion further discovery is necessary, they will petition the Court. II. SETTLEMENT CONFERENCE The Court has asked the parties to address the possibility of submitting to a settlement conference. The parties positions are as follows: A. Plaintiffs' Position Plaintiffs would view as a positive development the arrangement of a Settlement Conference. Plaintiffs, however, have, on previous occasions, tried diligently to reach an informal resolution. Plaintiffs have received from Defendants no response to any of their efforts. Plaintiffs would, in order to agree to attend a settlement conference, assurances from Defendants they will negotiate in good faith with the knowledge the judgment they are seeking to enforce is $232,241.34, plus costs, fees, and interest. B. Defendant's Position Defendants prefer to wait until discovery is complete before making a decision on their position with respect to participating in a Settlement Conference. Counsel for Defendants is unaware of any efforts by Plaintiffs to reach an informal resolution of this matter since Counsel for Defendants became involved in this matter. RESPECTFULLY SUBMITTED this 13th day of October, 2006.. LAW OFFICE OF JAMES BURR SHIELDS ____s/ W. Blake Simms__________________ Blake Simms ___s/ W. Blake Simms, with permission from John E. Karow, Esq.
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CERTIFICATE OF SERVICE I hereby certify that on the 13th day of October, 2006, I electronically submitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: John E. Karow, Esq. 11350 North 104th Place Scottsdale, Arizona 85259 Attorney for Defendants Dennis Hall, Esq. 14614 North Kierland Boulevard, Suite 300 Scottsdale, Arizona 85254 Attorneys for Defendant Greg Brown and a copy of the foregoing delivered this date to the Honorable Roslyn O. Silver.

____s/ Gail Ivey___________________

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