Free Order - District Court of Arizona - Arizona

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Janet Rose Roth, Plaintiff/Judgment Debtor, v. DriveTime Corporation and Ernie Garcia CEO et al (Ugly Duckling), Defendants/Judgment Creditors, Bank One, N.A., a national banking association, Garnishee. No. CV-03-0839-PHX-SRB PROPOSED ORDER

Snell & Wilmer L.L.P.

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After hearing argument on Monday, March 6, 2006, from the parties on the outstanding Writs of Garnishment, and good cause appearing therefor, IT IS HEREBY ORDERED as follows: 1. The Writ and Summons on Bank One is quashed and the funds will be

released back to the account. 2. The Writ and Summons on the Bank of America, N.A. account is upheld

26785.0146\PETERSL\PHX\1802410.1

Case 2:03-cv-00839-SRB

Document 209

Filed 03/08/2006

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

and the funds will be released to DriveTime. 3. The Writ and Summons on Wells Fargo, N.A. is quashed, as no account

was found for Janet Rose Roth. 4. Garnishee's request for sanctions, including sanctions against Snell &

Wilmer, L.L.C and Elizabeth A. Petersen and Robert G. Vaught, is denied, as a valid basis existed to issue the Writ and Summons on Wells Fargo, Bank One, Bank of America and US Airways, and a valid basis existed to hold the funds pending this ruling. Dated this 8th day of March, 2006.

Snell & Wilmer L.L.P.

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26785.0146\PETERSL\PHX\1802410.1

Case 2:03-cv-00839-SRB

Document 209- 2 - Filed 03/08/2006

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