Free Judgment - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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. ) _______________________________________)

No. CV-02-2405-PHX (HRH)

JUDGMENT WHEREAS, Plaintiff Biltmore Associates, L.L.C., is the court-appointed Trustee for the Visitalk Creditors' Trust and the successor in interest to the claims and causes of action set forth in the Amended Complaint filed in this action; and WHEREAS, Defendant Mark Cardwell is a former vice-president and director of visitalk.com, and at all material times was a resident of the State of Arizona; and WHEREAS, Plaintiff filed the Amended Complaint in this matter against Cardwell and others involved in the operation and management of visitalk.com; and WHEREAS, Cardwell consents to the entry of a judgment against him and his sole and separate property on Counts 3, 5 (Subparagraphs 141(c), (d) and (f)), 11, and 12 of the Amended Complaint; and
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Document 265

Filed 09/28/2005

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WHEREAS, visitalk.com suffered actual damages in an amount of not less than $25,000,000.00 as a direct and foreseeable result of the actions described in Counts 3, 5 (Subparagraphs 141(c), (d) and (f)), 11, and 12 of the Amended Complaint; and WHEREAS, Plaintiff and Cardwell agree that settlement of this matter is in the best interests of the parties and the public, and that entry of this Stipulated Judgment, without additional litigation, is the most appropriate means of resolving this action against Cardwell; and WHEREAS, the parties or representatives thereof certify that he is fully authorized to enter into the terms and conditions of this Stipulated Judgment and to legally bind the parties to it; and WHEREAS, without trial or further adjudication of any issue of fact or law, upon consent of the parties, and upon consideration of the mutual promises herein contained, NOW, THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that this Court has jurisdiction over the parties and the subject matter of this action pursuant to 28 U.S.C. §§ 157 and 1334. IT IS HEREBY FURTHER ORDERED entering judgment in favor of Plaintiff and against Cardwell in the amount of Twenty-Five Million Dollars ($25,000,000.00). IT IS HEREBY FURTHER ORDERED that, Plaintiff's other claims against Cardwell are dismissed with prejudice, each party to bear its own fees and costs. DATED at Anchorage, Alaska, this 27th day of September, 2005.

/s/H. Russel Holland United States District Judge

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