Free Reply - District Court of Arizona - Arizona

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STRUCKMEYER & WILSON 910 E. Osborn Rd. Phoenix, AZ 85014 PHONE: (602) 248-9222 FAX: (602) 263-0464 Donald R. Wilson, 1239 [email protected] Garvey M. Biggers, 9932 [email protected] S. Lee White, 17551 [email protected] Attorneys for Defendants Darrell Lee Ekdahl; Jane Doe Ekdahl; George Vanden Bossche; Karolyn Vanden Bossche; and Vandy's Transportation, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) ) Plaintiffs, ) ) vs. ) ) Darrell Lee Ekdahl and Jane Doe Ekdahl, ) husband and wife; George Vanden Bossche ) and Karolyn Vanden Bossche, husband and ) wife; and Vandy's Transportation, Inc., a ) California corporation, ) ) Defendants. ) ____________________________________) Palma Baca Urrutia; Patricia Urrutia-Baca; Luis Javier Urrutia-Baca; Elizabeth UrrutiaBaca; Javier Arturo Urrutia-Arrieta; and Gloria Estela Sandate, NO. CV-03-1990-PHX-PGR REPLY TO PLAINTIFFS' RESPONSE TO MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the alternative, MOTION FOR PARTIAL SUMMARY JUDGMENT

(Oral Argument Requested)

(Assigned to the Honorable Paul G. Rosenblatt)

Defendants, by and through counsel undersigned hereby Reply to Plaintiff's Response which should have simply stated that plaintiffs did not oppose Defendants' Motion to Dismiss but instead went on to indicate that defendants failed to do

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something that plaintiff's had requested. Defendants request that a Judgment be entered for and on behalf of George Vanden Bossche and Karolyn Vanden Bossche, husband and wife pursuant to Rule 54(b), Fed.R.Civ.P. On or about December 1, 2005, defendants requested that plaintiffs agree to a dismissal of George and Karolyn Vanden Bossche. On December 7, 2005, plaintiffs

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wrote to defendants and refused to dismiss George and Karolyn Vanden Bossche even
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though they had zero facts to make the allegations from the inception of the lawsuit up
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to and including December 7, 2005. Thereafter, plaintiffs continued their gamesmanship and refused to respond to defendants' further urgings and requests made by defense counsel to provide some factual basis for the allegations. Plaintiffs forced the defendants to file the subject motion. The claims were not factually based and in violation of Rule 11 from the beginning of the lawsuit until the present time. Defendants should not have been required to go out and find Certificates of Incorporation to satisfy plaintiff's disingenuous requests. Defendants respectfully request attorney's fees for the plaintiff's lack of good faith basis to bring the lawsuit against George and Karolyn Vanden Bossche. The

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defense of this case has caused attorney's fees and expenses to be incurred for and on
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behalf of George and Karolyn Vanden Bossche when such fees should not have been
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incurred under any circumstance or under any factual scenario. ... ... ...

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At a minimum defendants request that Judgment be entered pursuant to Rule 54(b), Fed.R.Civ.P. as there is no just reason for delay.

RESPECTFULLY SUBMITTED this 15th day of December, 2005. STRUCKMEYER AND WILSON

s/Garvey M. Biggers____________________ Donald R. Wilson Garvey M. Biggers S. Lee White Attorneys for Defendants Darrell Lee Ekdahl; Jane Doe Ekdahl; George Vanden Bossche; Karolyn Vanden Bossche; and Vandy's Transportation, Inc. ORIGINAL of the foregoing NOTICE OF SCHEDULING CONFLICT electronically submitted using the CM/ECF System for filing and transmittal of a Notice of Filing to the following CM/ECF registrants: Augustine B. Jimenez III AUGUSTINE B. JIMENEZ III, P.C. 3200 N. Central Ave., Suite 2550 Phoenix, AZ 85012 [email protected] COPY of the foregoing mailed/hand-delivered (*) this 15th day of December, 2005 to: (*) The Honorable Paul G. Rosenblatt UNITED STATES DISTRICT COURT Sandra Day O'Connor US Courthouse 401 W. Washington St. Phoenix, AZ 85003

s/Garvey M. Biggers______________
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