Free Reply to Response to Motion - District Court of Arizona - Arizona

i Daniel P. Collins (State Bar Id No. 009055)
2 Theodore P. Witthoft (State Bar Id No. 021632)
COLLINS, MAY, POTENZA, BARAN & GILLESPIE, P.C.
201 North Central Avenue, Suite 22l0
3 Phoenix, Arizona 85004-0022
(602) 252-1900
4 Email: [email protected]
5
6 Attorneys for Northern Wisconsin Produce Company, Inc. A
7 UNITED STATES DISTRICT COURT
S DISTRICT OF ARIZONA
9 NORTHERN WISCONSIN PRODUCE ) .
10 COMPANY, INC., a Wisconsin corporation, g 2102-0V—02-$66-HRH
i l Plaintiff, g
12 V g
13 ) REPLY T0 nnrnnnnnins
1 4 STEVEN J. DELAPORT AS and JANE DOE ) RESPONSE TO PLAINTIFIWS
DELAPORTAS, husband and Wire, > MGTION FOR DEFAULT AND
is crinisrornen vnsitns aria JANE Don ) ORDER STRIKING ANSWER ,
6 VASILAS, husband and wife; and IONIAN g
1 FOODS L.L.C., an Arizona limited liability )
17 company, )
IS ) ·
Defendants. )
19 i
29 Plaintifi Northern Wisconsin Produce Company, Inc. ("Northern Wisconsin"), by and
2] through its undersigned counsel, Collins, May, Potenza, Baran & Gillespie, PC., herewith
22 submits its reply ("Reply") to Steven J. Delaportas’ (“Delaportas") response ("Response") to
23 Piaintiffs motion ("l\/Iotion") for default and order striking answer.
24 First, Northern Wisconsin’s Motion seeks an order of this Court striking the answer of
25 Ionian Foods LLC (“Ionian") and default entered in favor ofNorthern Wisconsin and against
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Case 2:02-cv-02366-HRH Document 127 Filed O2/20/2008 Page 1 of 3

1 Ionian. Delaportas alone tiled his Response to Northern Wisconsin’s Motion. The time for
2 Ionian to respond to the Motion has passed. Northern Wisconsin’s Motion should be granted.
3 Second, Delaportas suggests that Ionian has been out of business since April 2005 and he
4 did not want to incur legal fees to either hire a litigation attorney for Ionian or retain a
5 bankruptcy lawyer to file a bankruptcy for Ionian. ln particular, Delaportas states that he
6 wanted to first play out the February 20, 2008 settlement conference scheduled before Judge
7 Voss. Settlement conference or no settlement conference, Ionian needs to be represented by
8 counsel in any proceedings before this Court. In the case at bar, Ionian has not been represented
9 by counsel since its prior counsel, Gregory Shanaburger, withdrew effective as of May l0, 2007.
10 Further, this Court struck Delaportas’ appearance for Ionian in the Court’s Order dated July 2,
ll 2007.
l2 Finally, at this Court’s direction, Magistrate Judge Edward Voss conducted a settlement
13 conference on February 20, 2008. Despite Judge Voss’ valiant efforts, this matter did not settle.
I4 WHEREFORE, it is respectfully requested that this Court enter its order granting
15 Northern Wisconsin’s Motion striking lonian’s answer and entering default in favor of Northern
16 Wisconsin a ainst Ionian.
17 Respjctfully submitted this of , 2008, ‘ -
18 COLL?S, MAY, POTENZA, BARAN
19 & GIL ~ESllI llllg 9
20 f , ,,....» ..,..... .
21 By /s/ Daniel P. Collins g#00905 5 3
Daniel P. Collins
22 Attorneys for Plaintiff
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26 x x x
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Case 2:O2—cv-02366-HRH Document 127 Filed O2/20/2008 Page 2 of 3

1 COPY of the foregoing mailed this
2 _,g&;·z_$wday of gg Mmé if , 2008 to:
3 Hotaorable H. Rtrssel Holland
Umted States DISTIICY Court
4 222 West 7th Avenue —— #54
5 Anchorage, Aiaska 99513
6 Steven J. Delaportas
Post Office Box 32770
7 Phoenix, Arizona 86064
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Case 2:02-cv-02366-HRH Document 127 Filed O2/20/2008 Page 3 of 3

Case 2:02-cv-02366-HRH

Document 127

Filed 02/20/2008

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Case 2:02-cv-02366-HRH

Document 127

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Case 2:02-cv-02366-HRH

Document 127

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