Free Stipulation - District Court of Arizona - Arizona

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Christopher R. Kaup, Esq. State Bar No. 014820
Third Floor Camelback Esplanade II 2525 East Camelback Road PHOENIX, ARIZONA 85016B4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103

Counsel for Biltmore Associates, Trustee of the Visitalk.com Creditors' Trust UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In re: BILTMORE ASSOCIATES, as Trustee for the Visitalk Creditors' Trust, Plaintiff, vs. PETER THIMMESCH and CYNTHIA THIMMESCH, husband and wife; MICHAEL O'DONNELL and MARSHA O'DONNELL, husband and wife; et al., Defendants. (Assigned to the Honorable H. Russel Holland) STIPULATION FOR ENTRY OF JUDGMENT AGAINST MICHAEL AND MARCIA O'DONNELL CIV 02-2405-PHX-HRH

Biltmore Associates, LLC, the Trustee of the Visitalk.com Creditors' Trust and the Plaintiff in the above captioned action ("Plaintiff") and Mr. Michael O'Donnell and Mrs. Marcia O'Donnell (the "O'Donnells"), Defendants in the above captioned action, hereby stipulate and agree that the Court shall enter judgment against the O'Donnells in the amount of $54,870,646.00 on Plaintiff's Claims in its Amended Complaint in the form attached hereto as Exhibit "1."

11400-001/299490.1 Case 2:02-cv-02405-HRH

Document 298 -1-Filed 03/16/2006

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The Plaintiff and the O'Donnells also stipulate and agree that no hearings or other proceedings on the entry of this form of Judgment are necessary and respectfully request that this Court enter this Judgment at its earliest opportunity. Finally, the Plaintiff and the O'Donnells state that the only agreement between them in this action is known in Arizona as a "Damron agreement," a copy of which is attached hereto as Exhibit "2," pursuant to which the O'Donnells agreed to the entry of this form of Judgment and the assignment to the Plaintiff of certain claims they hold against certain insurance carriers and to waive the attorney-client privilege between themselves and Snell & Wilmer, L.L.P., in connection with the above captioned action only, and the Plaintiff has agreed not to execute the Judgment against the O'Donnells, personally. The O'Donnells and the Plaintiff respectfully submit that it is appropriate for the Court to enter the form of Judgment attached hereto as Exhibit "1." DATED this 16th day of March, 2006. TIFFANY & BOSCO, P.A. /s/ C.R.K. #014820 By: _________________________________ Christopher R. Kaup, Esq. Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237 Counsel for Biltmore Associates, Trustee of the Visitalk.com Creditors' Trust PERKINS COIE BROWN BAIN P.A. /s/ Joseph E. Mais By: _________________________________ Joseph E Mais, Esq. PO Box 400 Phoenix, AZ 85001-0400 Attorneys for Defendants Michael and Marcia O'Donnell

11400-001/299490.1 Case 2:02-cv-02405-HRH

Document 298 -2-Filed 03/16/2006

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ORIGINAL of this pleading electronically filed with the Court on this 16th day of March, 2006. and copies electronically mailed this 16th day of March, 2006, to:

Gary L. Birnbaum Timothy J. Thomason Mariscal, Weeks, McIntyre & Friedlander, P.A. 2901 N. Central Avenue, Suite 200 Phoenix, AZ 85012 Attorneys for Defendant Snell & Wilmer, LLP Joseph E Mais Perkins Coie Brown Bain P.A. PO Box 400 Phoenix, AZ 85001-0400 Attorneys for Defendant Michael and Marcia O'Donnell and copies mailed via U.S. First Class Mail this 16th day of March, 2006, to: Peter Thimmesch 11337 Stonehouse Place Potomac Falls, VA 20165-5123 Pro Per Mark J. Giunta 845 North Third Avenue Phoenix, Arizona 85003-1408

Dean M. Dinner, Esq. JENNINGS, HAUG & CUNNINGHAM, LLP 2800 North Central Avenue, Suite 1800 Phoenix, Arizona 85004-1049

Vern Schweigert Biltmore Associates 1121 E. Missouri Avenue #100 Phoenix, AZ 85014 Creditors' Trustee

/s/ Stephanie A. Martinez __________________________________

11400-001/299490.1 Case 2:02-cv-02405-HRH

Document 298 -3-Filed 03/16/2006

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