Free Reply to Response to Motion - District Court of Arizona - Arizona

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Dan W. Goldfine (#018788) Adam Lang (#022545) SNELL & WILMER L.L.P. One Arizona Center 400 East Van Buren Street Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Facsimile: (602) 382-6070 [email protected] [email protected] Attorneys for Plaintiffs and Counterdefendants and Third Party Defendants and

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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Snell & Wilmer L.L.P.

Grant Woods, Esq. (#006106) GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, Arizona 85006 Telephone: (602) 258-2599 Facsimile: (602) 258-5070 [email protected] Attorneys for Plaintiffs and Counterdefendants and Third Party Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Meritage Homes Corporation, et al., Case No. CV-04-0384-PHX-ROS Plaintiffs, v. Ricky Lee Hancock, et al. Defendants. AND RELATED COUNTERCLAIMS AND THIRD PARTY CLAIMS. REPLY TO GREG HANCOCK'S RESPONSE RE MOTION TO STRIKE RE HANCOCKS' RESPONSE AND STATEMENTS OF FACTS TO (1) PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT, AND (2) COUNTERDEFENDANTS' AND THIRD-PARTY DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON RICK AND BRENDA HANCOCKS' COUNTERCLAIMS AND THIRD-PARTY CLAIMS

Plaintiffs, counterdefendants, and third-party defendants (collectively, "Meritage") reply to Greg Hancock's response/opposition to "Meritage's Motion to Strike Response" ("Response to Motion to Strike").1
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The Response filed by Greg Hancock was

This Reply is limited to Greg Hancock's Response to the omnibus Motion to Strike re Hancocks' Response and Statements of Facts, as described in the caption above. Meritage will file a separate Reply if Rick Hancock files a Response after the date of this Reply.
Case 2:04-cv-00384-ROS Document 473 Filed 04/19/2007 Page 1 of 3

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

substantively the same as his initial Response to this Motion to Strike filed on March 9, 2007 as Document 454. Meritage replied to Greg Hancock's initial Response by filing a Reply in this Court on March 19, 2007 as Document 458. Greg Hancock's new Response fails to cure any of the deficiencies addressed by Meritage in its initial Reply. Because Greg Hancock's legal argument was previously and entirely addressed in Document 458, Meritage incorporates that Reply in its entirety here as its Reply to Greg Hancock new Response. Additionally, Meritage does wish to again address Greg Hancock foray into the facts of this case as it did in Meritage's initial Reply (Document 458) at 4:9-21. Greg Hancock continues to list purported facts (some new) as he initially did without providing any support from the evidentiary record. Compare Greg Hancock's new Response

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(Document 471) at 3:7 to 4:2 with Greg Hancock's initial Response (Document 454) at 2:22 to 3:4. His only support is the indignant word of his counsel. Otherwise, Greg Hancock would provide citations and let the evidence do the talking. DATED this 19th day of April, 2007. SNELL & WILMER L.L.P.

Snell & Wilmer L.L.P.

By s/ Dan W. Goldfine Dan W. Goldfine Adam Lang One Arizona Center Phoenix, AZ 85004-2202 Attorneys for Plaintiffs and Third Party Defendants and

By s/ Grant Woods Grant Woods GRANT WOODS, P.C. 1726 North Seventh Street Phoenix, AZ 85006 Attorneys for Plaintiffs and Third Party Defendants

Case 2:04-cv-00384-ROS

Document 473- 2 - Filed 04/19/2007

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

CERTIFICATE OF SERVICE I hereby certify that on April 19th, 2007, I electronically transmitted the foregoing 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: Ivan K. Mathew Mathew & Mathew, P.C. 3000 N. Central Avenue, Suite 1730 Phoenix, Arizona 85004 Attorneys for Defendant Rick Hancock Robert M. Frisbee Frisbee & Bostock, PLC 1747 East Morton Avenue Suite 108 Phoenix AZ 85020 Attorneys for Defendant Greg Hancock Kenneth J. Sherk Timothy J. Burke Fennemore Craig, P.C. 3003 N. Central Ave. Suite 2600 Phoenix, AZ 85012-2913 Attorneys for Defendant Snell & Wilmer, L.L.P. in State Court Action

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Snell & Wilmer L.L.P.

s/ Becky Kinningham 17
1983398

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Case 2:04-cv-00384-ROS Document 473- 3 - Filed 04/19/2007 Page 3 of 3