Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, L.L.C., as ) Trustee for the Visitalk Creditors' ) Trust, ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH, et al., ) ) Defendants. ) ____________________________________)

No. 2:02-cv-2405-HRH

NOTICE TO DEFENDANT PETER THIMMESCH On October 15, 2007,1 the court entered its order granting plaintiff's motion for summary judgment against defendant Peter Thimmesch, who appeared in these proceedings pro se. The court

found Thimmesch liable as to Counts I, II, V, VII, XI, XII, XIV, and XXI. However, the court denied plaintiff's motion as to the At that time, defendant Thimmesch was notified

amount of damages.

that the court would take up the matter of plaintiff's damages claim against him following the settlement of plaintiff's claims against Snell & Wilmer. Plaintiff and Snell & Wilmer have settled, plaintiff having agreed to dismiss all claims against Snell & Wilmer.
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Plaintiff's motion for determination of the amount of

Docket No. 407. - 1 -

Case 2:02-cv-02405-HRH

Document 512

Filed 05/06/2008

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damages and for entry of judgment against Peter Thimmesch was served upon Thimmesch and filed with the court May 5, 2008.2 Defendant Peter Thimmesch is hereby notified that the court intends to take plaintiff's motion to determine damages under advisement on May 30, 2008. As provided by Rule 55(b)(2), Federal

Rules of Civil Procedure, defendant Thimmesch is entitled to participate in this motion proceeding. The court will entertain

any appropriate applications or response to plaintiff's motion to determine damages if served upon plaintiff and file with the court on or before May 27, 2008. DATED at Anchorage, Alaska, this 6th day of May, 2008.

/s/ H. Russel Holland United States District Judge

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Docket No. 511. - 2 -

Case 2:02-cv-02405-HRH

Document 512

Filed 05/06/2008

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