Free Stipulation - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Gary L. Birnbaum (#004386)
[email protected]

Charles S. Price (#006197)
[email protected]

Timothy J. Thomason (#009869)
[email protected]

Scot L. Claus (#14999)
[email protected]

MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A. 2901 North Central Avenue, Suite 200 Phoenix, Arizona 85012-2705 Phone: (602) 285-5000 Fax: (602) 285-5100 Attorneys for Defendant Snell & Wilmer, LLP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust, Plaintiff, CASE NO. CIV'02 2405 PHX HRH JUDGMENT v. (Assigned to the Honorable H. Russell Holland) Defendants.

15 16 PETER THIMMESCH, et al., 17 18 19 20 21 22 23 24 25 26 -1Case 2:02-cv-02405-HRH Visitalk\Pleadings\Judgment (Submitted03/25/2008 Document 495-2 Filed 3-25-08).DOC U:\ATTORNEYS\TJT\Snell & Wilmer adv. Page 1 of 2

It is hereby ordered, adjudged and decreed that Judgment is hereby entered in favor of defendant Snell & Wilmer L.L.P. and against plaintiff, Biltmore Associates, as Trustee for the Visitalk Creditors' Trust ("Trustee") on all of plaintiff's claims and causes of action asserted in this case, including Trustee's claims for professional negligence, negligent

misrepresentation, aiding and abetting breach of fiduciary duty and for recovery of preferential payments.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

It is further hereby ordered, adjudged and decreed that Snell &Wilmer, LLP does recover its taxable costs from Trustee and that this judgment for costs shall be satisfied in full by the payment from Trustee to Snell & Wilmer, LLP in the amount of $100.00. It is hereby ordered that this Judgment constitutes a "final" Judgment under Rule 54(b) of the Federal Rules of Civil Procedure. The Court hereby directs entry of this Judgment as a Final Judgment and expressly determines that there is no just reason for delay.

-2Case 2:02-cv-02405-HRH Visitalk\Pleadings\Judgment (Submitted03/25/2008 Document 495-2 Filed 3-25-08).DOC U:\ATTORNEYS\TJT\Snell & Wilmer adv. Page 2 of 2