Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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The Phoenix Plaza 21 st Floor 2929 North Central Avenue Phoenix, Arizona 85012-2793 P.O. Box 36379 Phoenix, Arizona 85067-6379 Telephone Facsimile 602.640.9000 602.640.9050

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Debra A. Hill, 012186 Ronda R. Fisk, 022100 OSBORN MALEDON, P.A. 2929 N. Central Avenue, Suite 2100 Phoenix, Arizona 85012-2793 Attorneys for Defendants Global Missions, El Shaddai Ministries, Second Chance Ministries, and Michael Cambra

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, JOSEPH M. STUDNEK, Plaintiff/Counterdefendant v. AMBASSADOR OF GLOBAL MISSIONS UN LIMITED HIS SUCCESSORS, A CORPORATION SOLE, a Nevada corporation sole; EL SHADDAI MINISTRIES AND HIS SUCCESSORS, A CORPORATION SOLE, a Nevada Corporation; SECOND CHANCE CHRISTIAN EVANGELISTIC MINISTRIES, a California corporation; BISHOP OF FAITH VISION NOBLE HOUSE AND HIS SUCCESSORS, A CORPORATION SOLE, a California corporation; JOSEPH L. WILLIAMS and MONICA C. CISNEROS, as husband and wife; WILLIAM JOE LITTLE, MICHAEL CAMBRA and GLORIA CAMBRA, as husband and wife; JOEL DAVID and CINDY DAVID, as husband and wife; KEITH AARON VANN and TRISHA VANN, as husdand and wife,

No. CIV-04-595-PHX-MHM

MOTION FOR MICHAEL CAMBRA TO ATTEND SETTLEMENT CONFERENCE TELEPHONICALLY Settlement Conference Scheduled for September 19, 2006, before Magistrate David Duncan

Defendants/Counterclaimants. Case 2:04-cv-00595-MHM Document 138

Filed 09/01/2006

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Defendant Michael Cambra hereby moves to attend by telephone the Settlement Conference scheduled for this matter on Tuesday, September 19, 2006. Defendant Cambra would appear telephonically on behalf of himself and named Defendants El Shaddai Ministries and His Successors, A Corporation Sole and Second Chance Christian Evangelistic Ministries (hereafter, "Defendants").

Pursuant to this Court's June 21, 2006 Order, the "representatives of the parties with full, complete, and unlimited authority to discuss and settle the case shall be physically present unless expressly excused by the undersigned by formal motion and order issued prior to the subject settlement conference for good cause shown." (Dkt. 131 at 2.) Defendants contend there are three valid reasons for allowing Mr. Cambra to appear telephonically. First, Defendants have identical motions to dismiss for lack of personal jurisdiction pending before the court. (See Dkt. 97, 104.) As explained in further detail in those motions, Defendants contest the Court's jurisdiction over them because they have no role whatsoever in the facts that form the basis for Plaintiff's claim and they are a California resident, Nevada corporation, and California corporation, respectively. (See Affidavit of Michael Cambra dated February 2, 2006, Attachment A to Dkt. 97 and Corrected Affidavit of Michael Cambra, Dkt. 136.) Second, as out-of-state residents uninvolved in the underlying events, being required to be physically present at settlement conference will cause Defendants to incur unnecessary expenses and will be an undue hardship on them. Cambra's full-time occupation is a minister at El Shaddai. disruption of this litigation has been a hardship on the church. Finally, Mr. Cambra's telephonic participation will not impede the progress of settlement discussions. Defendants Global Missions and Joseph L. Williams were the parties to the agreement that forms the basis for this dispute. Mr. Williams will attend the conference in person on behalf of himself and Global Missions. Mr. Williams' participation, not Mr. Cambra's is critical for the settlement of this case.
Document 138

Defendant

The expense and

Case 2:04-cv-00595-MHM

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1356007_1.DOC

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Undersigned counsel conferred this afternoon with Plaintiff's counsel regarding this request and explained all of the aforementioned reasons. Plaintiff declines to stipulate to have Defendant Cambra participate telephonically because Plaintiff believes that the physical presence of all parties will aid in the settlement of the case. Nevertheless, Plaintiff's counsel agreed that Defendants could represent his position in this motion and will not be filing a response to this motion to allow the Court time to rule on the motion before the hearing in just over two weeks. For all of the aforementioned reasons, Defendants request that the Court enter the proposed form of order allowing Michael Cambra to participate by telephone in the Settlement Conference to be held September 19, 2006. DATED this 1st day of September, 2006. OSBORN MALEDON, P.A.

By s/ Ronda R. Fisk Debra A. Hill Ronda R. Fisk 2929 North Central Ave., Suite 2100 Phoenix, Arizona 85012-2793 Attorneys for Defendant Global Missions I hereby certify that on September 1, 2006, I electronically transmitted 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: Bradley D. Weech Jeremy S. Geigle Jackson White 40 N. Center Street, Suite 200 Mesa, AZ 85201 Attorneys for Plaintiff/Counterdefendant [email protected] [email protected] I hereby certify that on September 1, 2006, I served the attached document by first-class mail on the following, who are not registered participants of the CM/ECF System: 1356007_1.DOC -3Document 138 Filed 09/01/2006 Page 3 of 4

Case 2:04-cv-00595-MHM

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Joseph L. Williams 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580

s/ Lindsay B. Jensen

Case 2:04-cv-00595-MHM

Document 138

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