Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) ) Plaintiff, ) ) vs. ) ) Peter Thimmesch and Cynthia ) Thimmesch, husband and wife; ) Michael O'Donnell and Marsha ) O'Donnell, husband and wife; ) et al., ) ) Defendants. ) ___________________________________)

Biltmore Associates, as Trustee for the Visitalk Creditors' Trust,

CV-02-2405-PHX (HRH)

O R D E R Proceedings as to Defendant Cardwell The court is in receipt of the stipulation of the parties regarding Cardwell.1 clarifying the record with respect to defendant

Plaintiff's amended complaint names as a defendant The court is now informed that there is no

"Michael Cardwell".

"Michael Cardwell" associated with this case, and that Cardwell's name is accurately reflected in the body of the amended complaint as Mark Cardwell. The caption of this case is now amended to name

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as a defendant Mark Cardwell judgment.

in conformity with the court's

The judgment heretofore entered by the court as between plaintiff and Mark Cardwell did not address counterclaims asserted in Mark Cardwell's answer. The parties now advise that this case

has been settled as to all claims and all causes of action, including the counterclaims of Mark Cardwell. Accordingly,

Mr. Cardwell's counterclaims are now dismissed with prejudice. DATED at Anchorage, Alaska, this 2005. 19th day of October,

/s/ H. Russel Holland United States District Judge

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