Free Order - District Court of Arizona - Arizona


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Date: August 2, 2005
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State: Arizona
Category: District Court of Arizona
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MINUTES OF THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
BILTMORE ASSOCIATES v. PETER THIMMESCH, et al.
THE HONORABLE H. RUSSEL HOLLAND CASE NO. CIV 02-2405 PHX {HRH)
Deputy Clerk Official Recorder
APPEARANCES: for PLAINTIFF: ----
for DEFENDANT: ----
PROCEEDINGS: ORDER FROM CHAM ERS
The court is in receipt of a stipulation for entry of judgment
against Ray Gaston and a proposed judgment. (Clerk's Docket No. 250.)
Mr. Gaston appears pro se in this case. By answer to plaintiff's
amended complaint filed March 11, 2004, Mr. Gaston purports to answer
for both himself and Betty B. Gaston. (Clerk's Docket No. 174.) Like
this answer, the parties' above—mentioned stipulation is executed only
on behalf of Mr. Gaston. The proposed judgment, however, recites:
"[plursuant to stipulation by and between plaintiff and defendants Ray
and Betty B. Gaston, for good cause showing, the Court hereby finds as
follows .... " (Proposed Judgment at 2, Clerk's Docket No. 250.) Other
than the foregoing, the stipulation and.proposed judgment appear to make
no disposition of this case as to Betty B. (a/k/a Jane Doe) Gaston.
Plaintiff and.defendant Gaston.will please clarify their intentions
as regards the continuing role, if any of Betty B. Gaston as a defendant
in this case.
Case 2:02-cv-02405-HRH Document 254 Filed O8/O2/2005 Page1 0f2

Second, and because of the somewhat unusual nature of the stipula-
tion and proposed judgment, the court desires to know whether or not
there are any additional agreements between plaintiff and Mr. Gaston
that have not been disclosed to the court.
Plaintiff and defendant Gaston will please confer and respond to
the foregoing on or before August 26, 2005.
ENTERED AT JUDGE'S DIRECTION
DATE: INITIALS:
rMa¤wn1 Deputy Clerk
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Case 2:02-cv-02405-HRH

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Case 2:02-cv-02405-HRH

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