Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Ernest Calderón (# 007677) Faith C. Klepper (# 18444) CALDERÓN LAW OFFICES 2020 N. Central Ave., Suite 1110 Phoenix, AZ 85004 Telephone: (602) 265-0004 Attorneys for Defendant Chase BankCard Services IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JOYCE A. CORRALES, Plaintiff, vs. CHASE BANKCARD SERVICES, INC., Defendant. DEFENDANT'S REQUEST FOR CLARIFICATION OF COURT'S MAY 5 2006 ORDER No. CIV 02-2157-PHX-SRB

Defendant, Chase Bankcard Services, Inc., ("Chase Bankcard"), requests this Court clarify its Order, deem Chase Bankcard's previously filed Motion for Summary Judgment properly served and provide guidance on the issue of Plaintiff's status as a pro se or represented party. On May 1, 2006, Chase Bankcard filed a timely Motion for Summary Judgment. A copy

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of the Motion was sent to attorney Mark Brinton, (AZ State Bar No. 007674), pursuant to Fed. R.
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Civ. P. 5(b)(1), which requires service upon the attorney of record for a party unless the Court states otherwise. Chase Bankcard believed that Mr. Brinton has been Plaintiff's attorney of record since the day before her deposition on October 14, 2005. During that deposition, Mr. Brinton provided undersigned counsel with a copy of his Notice of Appearance. (See Deposition Transcript of Joyce Corrales at 166, attached as Exhibit 1, and Notice of Appearance, attached as
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Exhibit 2.) Since that deposition, Mr. Brinton has appeared at and conducted three depositions on behalf of Ms. Corrales on November 21, 2005 and has corresponded with undersigned counsel as Plaintiff's attorney. (See Motion for Summary Judgment Separate Statement of Facts, Exhibits 1 at 3, 2 at 3 and 5 at 3.)

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It only came to undersigned counsel's attention that Mr. Brinton failed to file a notice of appearance with this Court when the Court issued its May 5, 2006 Order. It now appears that Mr. Brinton is not Plaintiff's attorney of record since he failed to file a notice of appearance pursuant to Local Rule of Civil Procedure 83.3(a) at any time during the seven months he has held himself out as Plaintiff's attorney. Therefore, Chase Bankcard respectfully requests that the service of the Motion for Summary Judgment upon Mr. Brinton be deemed in accordance with Fed. R. Civ. P. 5(b)(1)

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because Chase Bankcard detrimentally relied upon Mr. Brinton's actions and representations
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warranting that he had appeared before this Court in accordance with L. R. Civ. P. 83.3(a). Additionally, Chase Bankcard requests this Court order Ms. Corrales and Mr. Brinton to show cause why Mr. Brinton has been appearing in this matter without filing such notice. RESPECTFULLY SUBMITTED this 11th day of May, 2006. CALDERÓN LAW OFFICES

By s/Faith C. Klepper Ernest Calderón Faith C. Klepper Attorneys for Chase BankCard Services

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ORIGINAL of the foregoing electronically filed this 11th day of May, 2006 with: Clerk of the Court United States District Court, District of Arizona 401 West Washington Phoenix, Arizona 85003 COPY of the foregoing hand-delivered this 11th day of May, 2006 to: The Honorable Susan R. Bolton United States District Court 401 West Washington Phoenix, Arizona 85003 COPY of the foregoing mailed this 11th day of May, 2006 to: Joyce A. Corrales 3318 West Sierra Vista Drive Phoenix, Arizona 85017-1443 Plaintiff Pro Se Mark Brinton Attorney at Law 1745 South Alma School Road, Suite 100 Mesa, Arizona 85210-3010 By s/Faith C. Klepper

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