Free Scheduling Conference - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES - TELEPHONIC SCHEDULING CONFERENCE Phoenix Division CIV 04-78-PHX-FJM Year Case No Initials DATE: 12/7 /2007

Title: Timothy A. Shimko, et al. vs. David Goldfarb, et al. Plaintiff(s) Defendant (s) ========================================================================= HON: FREDERICK J. MARTONE Kerry Reynolds Deputy Clerk Attorney(s) for Plaintiff(s) David Welling ________________________________ ________________________________ Judge # 7028 Linda Schroeder Court Reporter/ECR Attorney(s) for Defendant(s) Roger Cohen for Defendants Ross David Goldfarb, pro se Richard McDaniel for Defendants Guenther

========================================================================= PROCEEDINGS: XXX Open Court Chambers Other

Telephonic scheduling conference held. Mr. McDaniel's representation of the Guenthers is discussed. A review of this Court's docket indicates that Mr. McDaniel did not withdraw as counsel for the Guenthers in this Court and he, therefore, continues to represent the Guenthers in this Court. Mr. McDaniel advises that he was withdrawn as counsel before the Ninth Circuit and will be moving to withdraw as the Guenthers counsel in this case. The Court has reviewed Plaintiff's Motion to Transfer Case re: CV 05-1387-PHX-JWS which is before Judge Sedwick. The Court has also reviewed the docket for CR 07-260-PHX-DGC which is before Judge Campbell as to various defendants in this case. The Court has reviewed the Memorandum Decision from the Court of Appeals in their number 05-15009, which reversed the granting of summary judgment to Goldfarb and Ross defendants for breach of contract, action on an account, and unjust enrichment. This case will be reset for trial. Case management plan is as stated on the record. Final Pretrial Conference set on: August 15, 2008, at 3:00 p.m. Jury Trial set on: August 26, 2008 at 9:00 a.m. (2 days). Order to follow.
Case 2:04-cv-00078-FJM Document 162 Filed 12/07/2007 Page 1 of 2

Shimko v. Goldfarb et al. CV 04-78-PHX-FJM 12/7/2007 Page Two

The Court has also reviewed the opinion of the Court of Appeals in 05-16847, which held that Guenther was not liable to Shimko for the fees owed in connection with CORF, and remanded for us to consider and determine Guenther's personal liability to Shimko in connection with unjust enrichment and quantum meruit. Plaintiff Shimko and Defendants Guenther shall file by March 3, 2008 their simultaneous post-trial memoranda limited solely to the redetermination of the amount of fees in connection with the remand order on unjust enrichment and quantum meruit pursuant to the opinion filed on October 12, 2007. Mr. McDaniel is to advise Mr. Guenther that the March 3, 2008 date is fixed so that he either needs to hire new counsel long before that date or do the best he can in terms of coming up with a memorandum. Parties agree to a referral of the entire case to a Magistrate Judge for the purpose of conducting a settlement conference. Magistrate Judge Mark E. Aspey has been randomly drawn. Parties to contact the chambers of Magistrate Judge Aspey for a date and time.

Time in court: 38 mins.

Case 2:04-cv-00078-FJM

Document 162

Filed 12/07/2007

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