Free Motion for Leave to File - District Court of Arizona - Arizona

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Guttilla & Murphy, PC
Firm No. 00133300 Ryan W. Anderson (No. 020974) 4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795 [email protected]

Attorneys for the Receiver

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lawrence J. Warfield, Receiver, Plaintiff, v. Michael Alaniz, et al. ) ) Cause No. CV 03-2390 PHX JAT ) ) ) MOTION TO APPROVE PLAINTIFF'S ) FILING OF TWO MOTIONS FOR ) PARTIAL SUMMARY JUDGMENT ) AND PLAINTIFF'S REQUEST FOR ) EXTENSION OF PAGE LIMIT ) )

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Plaintiff Lawrence J. Warfield, Receiver for the Mid-America Foundation hereby moves this Court for an order permitting the Plaintiff to file two motions for partial summary judgment and to permit the Receiver to extend the page limit of each motion to twenty-five (25) pages for the following reasons: On December 3, 2003, Plaintiff Lawrence J. Warfield filed his Complaint against eighty-three (83) agents of the Mid-America Foundation who received commissions for the sale of charitable gift annuities. Plaintiff has resolved his claims with sixty-six (66) Defendants; seventeen (17) Defendants remain in the lawsuit. Plaintiff desires to file two separate motions for partial summary judgment against the remaining seventeen (17) Defendants. The first motion involves seven Defendants (to date) operating in seven different states and among other things, the consequent
Case 2:03-cv-02390-JAT Document 440 Filed 11/09/2005 Page 1 of 4

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

violation of state laws in each of those states and the effect of those violations upon the Receiver's underlying claim of fraudulent transfer against the Defendants. The second motion for partial summary judgment involves ten (10) Defendants (to date) and while it also involves multiple state laws (that differ from those addressed in the first motion), it also differs from the first in that it involves an analysis of federal law and the significance of the federal law upon the Receiver's underlying claim of fraudulent transfer against the Defendants in this motion. By separating the motions into two discrete presentations to the Court, counsel will be better able to present an analysis that is easier to digest given the multiple state laws involved and given the focus of the second motion in federal law. Counsel respectfully requests a page extension to twenty-five (25) pages for each motion given the number of Defendants involved, the significant number of transactions the Defendants were involved in cumulatively, and the requisite analysis of multiple state laws which are important basis for both motions. Respectfully submitted this 9th day of November, 2005. GUTTILLA & MURPHY, PC

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s/Ryan W. Anderson Ryan W. Anderson Attorneys for the Receiver

Case 2:03-cv-02390-JAT

Document 440

2 Filed 11/09/2005

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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

PROOF OF SERVICE This is to certify that a true copy of the foregoing Motion has been filed electronically with the Court and that the persons on the service list designated as "CM/ECF Registered" will be served with same by the Court's CM/ECF system; that a proposed Order has been e-mailed to the assigned Judge with copies to all persons on the service list designated as "CM/ECF Registered"; and that the other persons on the service list have been served with a copy of the Motion and proposed Order by first class mail this 9th day of November, 2005.

s/Ryan W. Anderson Ryan W. Anderson Burton M. Bentley ECF Registered [email protected] Attorney for Defendants Leonard and Elizabeth Bestgen, Robert Carroll, Rudy and Mary Crosswell, David Cutshall, Charles Davis, Richard Derk, Orville Frazier, Ronald Kerher, Dwight Lankford, John and Candes Rada, Paul Richards, Fera Shivaee, Patrick and Andrea Wehrly and Donald Muchmore Brad A. Denton Robert Payne ECF Registered Gunderson, Denton & Proffitt, P.C. [email protected] [email protected] Attorneys for Michael and Ann McLaughlin Albert P. Massey ECF Registered Lentz, Cantor & Massey [email protected] Attorneys for Richard Wilson Gregory Shebest ECF Registered [email protected] Attorney for Heritage Marketing
Case 2:03-cv-02390-JAT Document 440

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Martin D. Koczanowicz Larry Alvin Donaldson ECF Registered Koczanowicz & Donaldson [email protected] Attorneys for Ron Tucker David L. Kagel John Torbett ECF Registered [email protected] [email protected] Attorneys for Paul Pichie Steve A. Bryant Steve Bryant & Associates 3618 Mt. Vernon Street, Suite A Houston, TX 77006 Attorneys for Dwight Lankford 3 Filed 11/09/2005
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Guttilla & Murphy, PC
4150 West Northern Ave Phoenix, Arizona 85051 (623) 937-2795

Robert Tretiak 4615 N. Ft. Apache Road Las Vegas, NV 89129 Defendant Pro Se Ren Bidwell 3430 Pacific Ave SE Olympia, WA 98501 Defendant Pro Se David Knutson First Financial Center, Ltd. 119 Third Street, N.E. #333 Cedar Rapids, IA 52401 David Tigges First Financial Center, Ltd. 119 Third Street, N.E. #333 Cedar Rapids, IA 52401 Bruce F. Walters 2606 - C.W. Roosevelt Blvd. Monrow, NC 28110 Defendant Pro Per

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0758-011(45994)

Case 2:03-cv-02390-JAT

Document 440

4 Filed 11/09/2005

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