Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH, et al., ) ) Defendants. ) ___________________________________)

BILTMORE ASSOCIATES, L.L.C., as Trustee for the Visitalk Creditors' Trust,

No. 2:02-cv-2405-HRH

O R D E R Case Status This case was commenced by the filing of a complaint on November 27, 2002. As the case progressed, a new plaintiff was

substituted and additional claims were added by a second amended complaint filed November 30, 2005. to numerous defendants, leaving The case has been concluded as the following active parties

defendant:1

The court ignores defendants "Black Corporations 1-10" and "John Does 1-20". A judgment was entered as to defendant Cynthia Thimmesch on October 31, 2005, Docket No. 279; and a consent judgment was entered as to defendants Marsha O'Donnell and Michael O'Donnell on March 21, 2006, Docket No. 299. The clerk of court will please make an appropriate entry to "terminate" defendants Cynthia Thimmesch, Marsha O'Donnell, and Michael O'Donnell on the docket for this case. Plaintiff shall promptly advise the court if there is disagreement about the identity of the remaining defendants. - 1 -

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Carla Corry2 Snell & Wilmer LLP Peter Thimmesch The court understands that discovery in this case has been extensive and complex. order was entered in When an initial scheduling and planning this case on May 12, 2004,3 the court Over the

established a discovery close date of November 11, 2005.

years, numerous extensions of the time for discovery have been granted. approved, By order of August 2, 2006, a revised schedule was calling for the completion of expert discovery by

March 19, 2007.4

By order of January 18, 2007, that date was Most recently, the dates for the filing

postponed to May 19,2007.5

of expert reports was revised slightly, and the schedule for the completion of briefing on motions was moved to July 27, 2007.6 This is the oldest untried case on the court's Arizona docket. It is time for this case to be concluded as to all parties. In consideration of the foregoing, it is unlikely that the court will approve any further continuance of discovery or motion By notice filed April 30, 2004, the court was advised that plaintiff had reached a "settlement with the Corry defendants." An order of dismissal has been entered as to defendant Robert Corry; but the court is unable to locate a document concluding the case as to Carla Corry. Counsel for plaintiff will please submit an appropriate order of dismissal of Carla Corry for the court's consideration.
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Docket No. 186. Docket No. 319. Docket No. 335. Docket No. 338. - 2 -

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practice except for the most compelling of reasons.

"Scheduling

problems" will not be an acceptable basis for further continuances. The court intends to schedule this case for trial in January of 2008. To that end, counsel will please confer on or before

May 1, 2007, for purposes of proposing to the court a date during January 2008 for the trial of this case. While conferring, counsel will please discuss the amount of time they anticipate will be required to present the case of each party; and in reporting a proposed trial date to the court, plaintiff will please inform the court as to the time requests of each party. Plaintiff's report Upon

shall be filed with the court on or before May 7, 2007.

receipt of this report, the court will enter a formal order for pretrial conference and final pretrial proceedings. DATED at Anchorage, Alaska, this 20th day of April, 2007.

/s/ H. Russel Holland United States District Judge

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