Free Status Report - District Court of Arizona - Arizona

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Law Office of James Burr Shields 382 East Palm Lane Phoenix, Arizona 85004-1531 (602) 307-0780 (Office) (602) 307-0784 (Facsimile)
James Burr Shields II, State Bar #011711 John A. Conley, State Bar #016429 Blake Simms, State Bar #021595 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA

) ) ) ) ) Plaintiffs, ) ) vs. ) ) Home Mortgage, Inc., an ) Arizona corporation conducting ) business in Arizona, ) Carl Brown; ) Molly Brown; ) Greg Brown; ) Jane Doe Brown; ) ) Defendants. ) ____________________________)

Cathleen Channel, Theresa Wharry, Stacie Hanson, Monique Nichols,

Case No. CIV 2003-0100 PHX ROS

JOINT STATUS REPORT

The parties, by and through counsel undersigned, hereby provide the Court with the following information in regards to the status of this case. The description of this case, from the Plaintiffs' perspective is set forth beneath the first heading and the Defendants' description is set forth beneath the second hearing. Plaintiffs' counsel, as of this date, received the description beneath the second heading from Defendants' counsel via facsimile. STATUS OF THE CASE ACCORDING TO PLAINTIFFS As of this date, Plaintiffs' motion for summary judgment on the issue of piercing the corporate veil between Home Mortgage, Inc., and Carl and Molly Brown remains pending. Pursuant to the Court's Order of May 23, 2007, Defendants' motion for summary judgment has been stricken.
Document 144 Filed 06/12/2007 Page 1 of 3

Case 2:03-cv-00100-ROS-MEA

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On November 1, 2006, Carl Brown, through counsel, filed a motion to extend discovery because of his health condition. In late March and early May, the parties participated in two settlement conferences in front of Judge Aspey. The case was not resolved. On May 11, 2007, Plaintiffs filed a motion compelling discovery (namely the deposition of the Browns on the bank records issue), discovery related sanctions and permission to submit a supplemental brief regarding Plaintiffs' pending motion for summary judgment after deposing the Browns. The Court has yet to rule on these motions. During this same period of time, Defendants, Carl and Molly Brown, filed a motion with the Court to name Carl Brown's son, Greg Brown, as a third party defendant. This motion remains pending, also. Plaintiffs filed a brief response on May 25, 2007. In summary, outstanding are (1) Plaintiffs' motion for summary judgment on the corporate veil issue, (2) Plaintiffs' May 11, 2007 motion and (3) Defendants' May 20, 2007 to add Greg Brown as a party. DEFENDANTS' STATUS REPORT Having just been recently retained on this case and other litigation mattes by these Defendants, it is difficult to ascertain the exact status of this case, particularly, Counsel undersigned was provided with several file boxes of "paper" from previous Counsel on all cases to sort through, organize and index in an attempt to get to the bottom of the barrel. AS TO THIS CASE, it APPEARS that discovery and disclosure are fairly complete. However, it is apparent that there is still a Decision in the wings as to the Defendants' Motion to Dismiss on statute of limitations grounds, among other things, including procedural irregularities caused by the Plaintiffs in the filing of the Complaint, the First Amended Complaint, and the Second Amended Complaint. A ruling on that Motion should be dispositive, because it should be. The Plaintiffs have no case, and that should be noted procedurally, substantively, and otherwise. THIS CASE SHOULD BE DISMISSED ON THE PLEADINGS, ALONE. *** ***
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Case 2:03-cv-00100-ROS-MEA

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RESPECTFULLY SUBMITTED this 12th day of June, 2007. LAW OFFICE OF JAMES BURR SHIELDS

____s/ James Burr Shields________________ James Burr Shields Blake Simms Attorneys for Plaintiffs

_s/ James Burr Shields, with permission James M. McGee Attorney for Defendants CERTIFICATE OF SERVICE I hereby certify that on the 12th day of June, 2007, I electronically submitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: James M. McGee, Esq. P.O. Box 460 Cottonwood, Arizona 86326 [email protected] Attorney for Defendants and a copy was hand-delivered to the Honorable Roslyn O. Silver. ____s/ Gail Ivey___________________

Case 2:03-cv-00100-ROS-MEA

-3Document 144

Filed 06/12/2007

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