Free Report - District Court of Arizona - Arizona

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Daniel P. Collins (State Bar Id No. 009055) COLLINS, MAY, POTENZA, BARAN & GILLESPIE, P.C. 2210 Bank One Center 201 North Central Avenue Phoenix, Arizona 85073-0022 Telephone No. (602) 252-1900 Facsimile No. (602) 252-1114 Email: [email protected] Attorneys for Plaintiff Northern Wisconsin Produce Company, Inc. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Northern Wisconsin Produce Company, Inc., a ) Wisconsin corporation, ) ) Plaintiff, ) ) v. ) ) Steven J. Delaportas and Jane Doe Delaportas, ) husband and wife; et al., ) ) Defendants. ) ) No. 2:02-cv-02366-HRH

PLAINTIFF'S TENTH STATUS REPORT

Pursuant to this Court's Minute Order of November 27, 2006, Plaintiff, Northern Wisconsin Produce Company, Inc. ("Northern Wisconsin"), herewith submits its tenth report regarding the status of the criminal action commenced by the United States against Steven Delaportas in the United States District Court for the District of Arizona at Case No. 05-CR-1ALL ("Criminal Action"). The Criminal Action This civil action has been held in abeyance pending resolution of the Criminal Action. Steven Delaportas' plea agreement with the United States has been approved by the Court. The sentencing hearing has been continued numerous times, most recently to March 12, 2007.

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That sentencing hearing date has now been vacated with a sentencing hearing likely to be set some time in the month of July 2007. Although the sentencing report has been completed, it was apparently completed without sufficient time for the parties to adequately respond to the sentencing report and address all issues at the scheduled March 12, 2007 hearing. As the Court well knows, the restitution amount to be awarded by the Court in the Criminal Action will be an important element in Mr. Delaportas' sentence. Northern Wisconsin continues to contend this civil action should remain in abeyance until restitution has been determined by the Court in the Criminal Action. Defendants' Counsel The undersigned's eighth status report was mailed to W. Gregory Shanaberger, counsel of record for Steve Delaportas and Ionian Foods, Inc., at the Law Office of W. Gregory Shanaberger, 2328 Livernois, Suite 1020, Troy, Michigan 48083 but was returned to my office with "Not at this Address" handwritten on the envelope. In an effort to determine the correct mailing address for Mr. Shanaberger, it was discovered that Mr. Shanaberger had been suspended from practicing law in the State of Michigan for failure to pay his bar dues. On March 23, 2007, my paralegal placed a phone call to the State Bar of Michigan to determine Mr. Shanaberger's current status. The Michigan State Bar indicated that on February 22, 2006, Mr. Shanaberger was suspended for non-payment of dues and has not heard from him since that time. Mr. Shanaberger is currently not entitled to practice law in Michigan. In addition, Mr. Shanaberger is no longer affiliated with the law firm Cummings McClorey Davis & Acho PLC (the "Cummings Law Firm") which is the law firm that sponsored him before this Court. On June 23, 2005, the Cummings Law Firm filed its Motion to Withdraw (the "Motion") as Counsel for Defendants Steve Delaportas, Jane Doe Delaportas and Ionian Foods, LLC with Mr. Shanaberger to remain as counsel of record. The Court approved the Motion on July 12, 2005 and substituted W. Gregory Shanaberger as counsel for

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Steve Delaportas and Ionian Foods, LLC. On July 20, 2005, Mr. Shanaberger filed a Notice of Appearance on behalf of Steve Delaportas and Ionian Foods, LLC. Mr. Shanaberger's last known address is 2525 Arizona Biltmore Circle, Suite B-124, Phoenix, Arizona 85016. (See Docket No. 72.) WHEREFORE, it is respectfully requested that this Court continue to hold this civil action in abeyance until a date subsequent to the July, 2007 sentencing hearing in the Criminal Action. Respectfully submitted this 29th day of March, 2007. COLLINS, MAY, POTENZA, BARAN & GILLESPIE, P.C.

By /s/ Daniel P. Collins (State Bar Id No. 009055) Daniel P. Collins Attorneys for Plaintiff, Northern Wisconsin Produce, Inc. Copies of the foregoing mailed this 30th day of March, 2007, to: Honorable H. Russel Holland United States District Court 222 West 7th Avenue - #54 Anchorage, Alaska 99513 W. Gregory Shanaberger, Esq. 2525 Arizona Biltmore Circle, Suite B-124 Phoenix, Arizona 85016 Donald R. Day, Esq. Alan C. Jablin, Esq. Cummings, McClorey, Davis, Acho & Day 1850 North Central Avenue, Suite 1450 Phoenix, Arizona 85004 /s/ Lisa Harnack

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