Free Lodged Proposed Document - District Court of Arizona - Arizona

1 James M. McGee, Esq. 2 Attorney at Law Arizona State Bar No. 011931 3 P.O. Box 460 Cottonwood, Arizona 86326 4 Telephone: 928.639.4747 FAX: 928.639.2190 5 6 Attorney for Defendants/Third Party Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMES NOW Home Mortgage, Inc., (HMI) an Arizona corporation formerly conducting CATHLEEN CHANNEL; THERESA WHARRY; STACIE HANSON; MONIQUE NICHOLS, PLAINTIFFS, v. HOME MORTGAGE, INC., an Arizona Corporation conducting business in Arizona; CARL BROWN; MOLLY BROWN; DOES 1-10; XYZ CORPORATIONS; BLACK PARTNERSHIPS; DEFENDANTS/THIRD PARTY PLAINTIFFS, v. LAWRENCE GREGORY BROWN, John and Jane Does I-X; JANE DOE BROWN; XYZ CORPORATIONS; BLACK AND WHITE PARTNERSHIPS I-X, THIRD PARTY DEFENDANTS. CAUSE NO.: CIV2003100PHXROS THIRD PARTY COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

27 business in Arizona; Carl I. Brown and Molly Brown, and files this their Third Party Complaint 28 in the above-captioned matter. An Affidavit, Exhibit 1, recently discovered in the course of Case 2:03-cv-00100-ROS-MEA Document 131 Filed 05/21/2007 Page 1 of 3

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inheriting this case, dated 29 November 2006 and executed by "L. Gregory Brown", (LGB)

2 indicates that it was he, and NOT Defendants/Third Party Plaintiffs that ran the day-to-day 3 operations of HMI out of Las Vegas and it was he that was essentially responsible for 4 whatever happened or didn't happen with that company, completely. NEGLIGENCE, if any, 5 6 7 8 9 the first place. This recent Affidavit contradicts a previous Affidavit extracted/extorted from "LGB" by and/or BREACH OF CONTRACT, if any, should be attributed to him, and NOT Defendants/Third Party Plaintiffs, regardless of who or what incorporated HMI and funded it in

10 Plaintiff's Counsel, James Burr Shields, II, attempting to point the finger at Defendants/Third 11 Party Plaintiff's as the culprits in this case, IN EXCHANGE FOR A DISMISSAL WITH 12 PREJUDICE 13 14 POCKETS." 15 16 This Third Party Complaint alleges at least the following: (1) NEGLIGENCE in the for LGB from Mr. Shields, ALL THE TIME KNOWING THAT

DEFENDANTS/THIRD PARTY PLAINTIFFS WERE THE ONES WITH THE "DEEP

17 management of HMI and supervision of its non-salaried, non-employee, independent 18 contractors by LGB only, if any; (2) BREACH OF CONTRACT, if any, in the non-payment of 19 any claimed or not claimed, commissions for sale, earned, or not earned, by the individuals 20 named as Plaintiffs in the above captioned matter, and any other claims that may arise 21 22 part of LGB in the closure of its Las Vegas offices and the resulting dissolution of HMI. 23 24 ALTHOUGH THE PLAINTIFFS IN THIS CASE MAY HAVE DISMISSED LGB WITH throughout these proceedings attributable to LGB and LGB only, and (3) NEGLIGENCE on the

25 PREJUDICE, HE HAS NOT BEEN SO DISMISSED BY THE DEFENDANTS/THIRD PARTY 26 PLAINTIFFS, DEFENDANTS/THIRD PARTY PLAINTIFFS NEVER HAVING THE

27 OPPORTUNITY TO CONSULT WITH CURRENT COUNSEL AT THE TIME OR AGREE Case 2:03-cv-00100-ROS-MEA Document 131 2 Filed 05/21/2007 Page 2 of 3

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WITH SUCH A RESOLUTION. A VIABLE THIRD PARTY CLAIM THUS STILL EXISTS

2 AGAINST LGB. DEFENDANTS/THIRD PARTY PLAINTIFFS WERE NEVER COMPLETELY 3 INFORMED OF, ADVISED OF, LEGALLY OR OTHERWISE, OR FULLY PARTICIPATED IN, 4 THE CLOSURE OF THE HMI OFFICES IN LAS VEGAS. 5 6 7 8 9 10 11 12 13 Original of the foregoing 14 e-filed and mailed this ____ day of __________, 2007 to: 15 Court 16 Counsel for Channel, et al. 17 Client 18 19 20 21 22 23 24 25 26 27 Case 2:03-cv-00100-ROS-MEA Document 131 3 Filed 05/21/2007 Page 3 of 3 James M. McGee Counsel for Defendants/Third Party Plaintiffs DATED this _____ day of __________, 2007. THOSE DECISIONS WERE

VIRTUALLY THAT OF LGB ONLY. See, attached, Exhibit 1, Affidavit of Lawrence Gregory Brown, dated 29 November 2006.