Free Order - District Court of Arizona - Arizona

MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES THE HONORABLE H. RUSSEL HOLLAND Deputy Clerk ----PROCEEDINGS:

v.

PETER THIMMESCH, et al. CASE NO. 02-2405-PHX (HRH)

Official Recorder -----

ORDER FROM CHAMBERS

Pursuant to a stipulation for entry of judgment between plaintiff and "Mark Cardwell" (Clerk's Docket No. 262), the court has entered the judgment which those parties proposed as to defendant Cardwell (Clerk's Docket No. 265). In conducting a file check for the purpose of ascertaining the remaining active parties in this case, it became apparent to the court that there is confusion regarding Cardwell's name. The caption of

plaintiff's amended complaint names as a defendant "Michael Cardwell". The text of the amended complaint (Clerk's Docket No. 98), page 3, paragraph 11, like the judgment that has been entered, alleges that "Mark Cardwell is a former vice-president and director of [the

plaintiff]."

Nevertheless, the court has concern that from the

standpoint of the court's docket, we appear to have a complaint remaining unresolved as to "Michael Cardwell". Counsel for these

parties will please do the necessary to clarify this situation to the

- 1 Case 2:02-cv-02405-HRH Document 267 Filed 10/06/2005 Page 1 of 2

end that it will be clear that this litigation is terminated as to "Michael Cardwell". There is a second problem. The judgment that the court approved

provides in substance that all of plaintiff's claims against Cardwell are resolved and dismissed with prejudice. The answer to plaintiff's

amended complaint (filed on behalf of defendant "Mark Cardwell") included a number of counterclaims. The court requests clarification

as to whether or not plaintiff and "Mark Cardwell" have settled the Cardwell counterclaims. Plaintiff and defendant Cardwell will please respond to the foregoing on or before October 17, 2005.

- 2 Case 2:02-cv-02405-HRH Document 267 Filed 10/06/2005 Page 2 of 2