Free Status Report - District Court of Arizona - Arizona

Gus Redmond Michaels III, Esq. G. REDMOND MICHAELS, P.C. 900 West Pearl Street, Suite 300 Post Office Box 1845 Boulder, Colorado 80306 (720) 259-3401 (303) 440-3977 (fax) IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) Plaintiffs, ) ) v. ) ) ROBERT F. ALEXANDER d/b/a ) R&S MARKETING INTERNATIONAL, ) an individual, and DOES 1-5, ) unknown individuals or entities, ) ) Defendants. ) ____________________________________ ) ERIC HEPKER and DANA HENDRIX, husband and wife,

Case No. CV '03 2047PHX RCB

STATUS REPORT

Plaintiffs, Eric Hepker and Dana Hendrix, by and through their counsel Law Offices of G. Redmond Michaels, P.C. submit the following status report pertaining to the above captioned litigation: 1. Defendant Robert F. Alexander is currently in federal custody pursuant

to criminal proceedings in 2005-CR-00472 (Arizona District Court). Defendant Alexander has been in custody since February 2006. In August, Mr. Alexander pled guilty to wire fraud, conspiracy, and mail fraud as a result of the ponzi scheme that was the subject matter of this litigation. Mr. Alexander is scheduled to be sentenced on September 15, 2006. 2. Pursuant to Defendant Alexander's plea agreement, he is required to pay

$10-15 million dollars in restitution. The United States has instituted and completed forfeiture proceedings concerning Mr. Alexander's property.

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3.

Upon information and belief, the bankruptcy proceeding (2004-bk-

05702-GBN) remains ongoing in conjunction to the criminal proceedings. Bankruptcy trustee Lorthar Goernitz has been working with the entire class of injured investors, the United States Probation, Office of Restitution and U.S. Attorney's Office is resolving the attendant forfeiture, bankruptcy, restitution and criminal proceedings. At some point, Plaintiffs anticipate that a receiver or trustee will be appointed to resolve all claims against Mr. Alexander, including Plaintiff's judgment. 4. follows: Notice of Plaintiff's counsel's new address and telephone numbers are as

Gus R. Michaels, Esq. G. Redmond Michaels, P.C. 900 W. Pearl Street, #300 Boulder, CO 80306 [email protected] WHEREFORE, Plaintiffs, Eric Hepker and Dana Hendrix, by and through their counsel G. Redmond Michaels, P.C. provide the following status report.

Respectfully submitted this 6th day of September, 2006.

//e-filed, signature on file at G. Redmond Michaels P.C.// Gus Redmond Michaels III, CO #28753, NV#7062 G. REDMOND MICHAELS P.C. PO Box 1845 Boulder, CO 80302 (720) 259-3401 (303) 440-3977 (fax) Attorney for Plaintiff

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CERTIFICATE OF SERVICE

I certify that this 6th day of September, 2006, I mailed a photocopy of the above pleading to the attorneys for the Defendants, as follows: Robert F. Alexander R&S Marketing International 8616 E. Larkspur Drive Scottsdale, AZ 85260 Robert S. Singer, Esq. LAW OFFICES OF ROBERT S. SINGER 177 North Church Avenue Tucson, AZ 85701 Michael Levin, Esq. Levin Grant and Associates 1875 Century Park East, Suite 600 Los Angeles, CA 90067

_//gus r. Michaels//___

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