Free Response - District Court of Arizona - Arizona

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THE CAVANAGH LAW FIRM
A Professional Association 1850 NORTH CENTRAL AVENUE SUITE 2400 PHOENIX, ARIZONA 85004-4527 (602) 322-4000

Kerry M. Griggs, SBN 016519 [email protected] Patrick G. Rowe, SBN 018591 [email protected] Attorneys for Defendant Fleetwood Motor Homes of Indiana, Inc. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA RONALD WEBER, Plaintiff, NO. CV 2003-2606 PHX JWS DEFENDANT'S RESPONSE TO PLAINTIFF'S NOTICE OF HIS INTENT TO POTENTIALLY MITIGATE HIS DAMAGES

FLEETWOOD MOTOR HOMES OF INDIANA, INC., Defendant. Defendant Fleetwood Motor Homes of Indiana, Inc. ("Fleetwood"), by and through undersigned counsel submits its Response to Plaintiff's Notice of His Intent to Potentially Mitigate Damages. Defendant Fleetwood, having no proprietary interest in the subject motor home cannot prevent its sale by Plaintiff. However, Fleetwood hereby reserves all evidentiary and procedural rights in defending this action. Specifically, Fleetwood

reserves the right to assert spoliation of evidence, if applicable, in the event that Plaintiff alleges additional complaints that have not been previously disclosed, or under any other circumstances that may apply that cannot presently be foreseen. Defendant Fleetwood requests notification from Plaintiff's counsel if the motor home is sold. Fleetwood further requests production of documents surrounding the sale of the vehicle, including the sales

Case 2:03-cv-02606-JWS :1199854-1

Document 116

Filed 10/07/2005

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1850 NORTH CENTRAL AVENUE, SUITE 2400 PHOENIX, ARIZONA 85004-4527 (602) 322-4000

contract, disclosures regarding the condition of the vehicle, appraisals, inspection reports, and any other documents that may lead to the discovery of admissible evidence. DATED this 7th day of October, 2005. THE CAVANAGH LAW FIRM, P.A.

By: s/Kerry M. Griggs Kerry M. Griggs, Esq. Patrick G. Rowe, Esq. Attorneys for Defendants Fleetwood Motor Homes of Indiana, Inc. and Beaudry RV Company

T HE C AVANAGH L AW F IRM , P.A.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 s/Jacque Andersen CERTIFICATE OF SERVICE I hereby certify that on October 7, 2005, 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: Marshall Meyers KROHN & MOSS, LTD. 111 W. Monroe, Suite 711 Phoenix, AZ 85003 Attorneys for Plaintiff

LAW OFFICES

Case 2:03-cv-02606-JWS :1199854-1

Document 116 2 Filed 10/07/2005

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