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

Plaintiff and defendant Cynthia Thimmesch have entered into a stipulation for entry of a judgment against Thimmesch, and have proposed a form of judgment to the court. The form judgment puts

before the court proposed findings of fact and conclusions of law suggestive of losses to plaintiff on account of Thimmesch's conduct. However, neither the proposed findings nor the conclusions of law provide the court with any clear understanding of how the parties arrive at the purported "actual damages in an amount of not less than $54,870,646.00...." (Proposed Judgment at 9, ¶ 10, Exhibit 1 to The court

Stipulation for Entry of Judgment, Clerk's Docket No. 264.)

declines to approve a judgment in which the stated findings and conclusions do not disclose how the damage amount was computed.

- 1 Case 2:02-cv-02405-HRH Document 266 Filed 09/30/2005 Page 1 of 1