Free Response to Motion - District Court of Arizona - Arizona

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602.840.4730 (Ph) A
602.952.9077 F CLERK U S mst
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Northern Wisconsin Produce, Co.
Plaintiff Case No. CV—02-02366 (HRH)
v.
Ionian Foods, LLC, an Arizona Limited ' 1
Liability Company; Steven Delaportas, and l
Christopher Vasilas, 4
Defendants. (
/
1
0 V,
DEFENDANT’S RESPONSE TO PLAINTIFF’S
MOTION FOR DEFAULT AND ORDER STRIKING ANSWER
l. Admitted.
2. Admitted an answer was tiled. Also, the law firm of Cummings, McClorey,
Davis and Acho (CMDA) is a Michigan law firm, but has offices in Arizona and
attomeys Jablin and Day are admitted to practice in Arizona. Mr. Shanaberger i
was admitted through sponsorship by attorneys Day and Jablin, with the court’s
approval.
2.. Admmed. 1
4. Admmed. i
5. Admitted. A
6. Admitted. I
7. Admitted. l
Case 2:O2—cv-02366-HRH Document 126 Filed O2/15/2008 Page 1 of 2

J _ ur
8. Admitted. But, from April 25, 2007 through October 23, 2007, this case was on
administrative hold during my criminal action, with the Cou1t’s approval. This
case has been on hold since about April, 2006, when the criminal action began,
with Mr. Collins knowledge and agreement. Because this case was on
administrative hold, and the parties could not take any action in the case until the
hold was lifted, there was no reason to retain counsel during that time. Alter the
hold was lifted, which I believe was sometime after October 23, 2007, the Court l
I
issued and order which I understood to mean that if we were going to continue to
litigate, that Ionian would have to get new counsel. At the same time, both
parties agreed to first try settlement negotiations and meet with a federal mediator
to explore settlement. Since I am authorized to settle the case on behalf of myself
and my former company, I did not need an attorney while settlement was going
on as the court ordered. The settlement conference was re scheduled to February
20, 2007, and has not yet taken place. If the case is not settled, and Northern
wants to continue to litigate, I will either retain a litigation attorney; or retain a
bankruptcy attorney to file bankruptcy for the Company (out of business since
April 2005 approximately); and for myself.
n 9. I respect the Court’s orders, but was trying to act prudent during the
I administrative hold and the settlement period so I wouldn’t waste anymore money A
that I could use for settlement of this matter.
I ask that the Motion be denied under the circumstances.
Respec ¤ r ,
* A I /” I if
Steve " portas
Copy of the foregoing faxed this
___day of February, 2008 to:
Daniel Collins, Esq.
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Case 2:02-cv-02366-HRH

Document 126

Filed 02/15/2008

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Case 2:02-cv-02366-HRH

Document 126

Filed 02/15/2008

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