Free Response - District Court of Arizona - Arizona

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David N. Ingrassia (#010936) DAVID N. INGRASSIA, P.C. 1212 East Osborn Road Phoenix, Arizona 85014 Telephone: (602) 604-0099 Facsimile: (602) 604-0110 Attorneys for General Electric Capital Corporation IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CITICAPITAL TECHNOLOGY FINANCE, INC., formerly known as EAB Leasing Corp., a Pennsylvania corporation, and CITICAPITAL COMMERCIAL LEASING CORPORATION, formerly known as Associates Leasing, Inc., an Indiana corporation, predecessor in interest to real party in interest, GENERAL ELECTRIC CAPITAL CORPORATION, Plaintiffs, vs. GRANT H. GOODMAN AND TERI B. GOODMAN, husband and wife, Defendants. No. CV-03-01587-PHX-JAT GENERAL ELECTRIC CAPITAL CORPORATION'S RESPONSE TO PLAINTIFFS' FIRST VERIFIED CONSOLIDATED INDEPENDENT ACTION

General Electric Capital Corporation ("GE") hereby responds to Grant and Teri Goodman's (collectively "Goodman") "First Verified Consolidated Independent Action"

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(hereafter "Defendants' Motion")1. GE hereby joins in "CitiCapital's Response to Plaintiffs' "First Verified Consolidated Independent Action" filed this date by CitiCapital Technology Finance, Inc. and CitiCapital Commercial Leasing Corporation (collectively "CitiCapital"). GE respectfully requests the Court to deny Defendants' Motion because this Court lacks jurisdiction over Defendants' Motion, the relief sought under Rule 60(b) is both untimely and unfounded, and the Goodmans have not sought or obtained leave to amend to assert their purported new claims for relief2. Accordingly, Defendants' Motion should be summarily denied in its entirety. RESPECTFULLY SUBMITTED this 30th day of June, 2008. DAVID N. INGRASSIA, P.C. /s/ David N. Ingrasssia DAVID N. INGRASSIA 1212 East Osborn Road Phoenix, Arizona 85014 Attorney for General Electric Capital Corporation

Defendants' Motion misstates the parties' respective status in this case. Grant Goodman and Teri Goodman are the defendants in this case. CitiCapital Technology and General Electric Capital Corporation, as successor-in-interest to CitiCapital Leasing, are the plaintiffs in this case. The Goodmans have also named "The Law Offices of David N. Ingrassia, P.C." as a "defendant" in Defendants' Motion. David N. Ingrassia, P.C. is not a party in this action, and has not been served with process in accordance with Rule 4, FED.R.CIV.P. Accordingly, David N. Ingrassia, P.C. is not required to respond to Defendants' Motion.
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Copy of the foregoing e-mailed and mailed to [email protected] this 30th day of June, 2008: Honorable James A. Teilborg 401 W. Washington Suite 523 SPC 51 Phoenix, AZ 85003 Copy of the foregoing mailed this 30th day of June, 2008, to: Richard A. Halloran Shane E. Olafson Lewis and Roca, LLP 40 N. Central Avenue Phoenix, AZ 85004 Grant H. Goodman Grant H. Goodman, PLLC 4156 N. 49th Street Phoenix, AZ 85018

/s/ David N. Ingrassia

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