Free Stipulation - District Court of Arizona - Arizona

1 MEAGHER & GEER, P.L.L.P.
Jay R. Grail] (No. 017246)
2 Jeffrey C. Mature, (No. 019893) _
8800 N. Gainey Center Drive, Suite 261
3 Scottsdale, Arizona 85258
Telephone: (480) 607-9719
4 Facsimile: (480) 607-9780
Attorneys for Defendants Kriegs, Inc.,
5 Mary Louise Krieg, and Dean Krieg
7 I UNITED STATES DISTRICT COURT
8 i DISTRICT OF ARIZONA
9 Ramada Franchise Systems, Inc., No.: CIV 02-2088 PHX (HRH)
10 I Piainara
1I - v. STIPULATION FOR REINSTATEMENT
_ OF COMPLAINT; WAIVER OF
12 Knegs, Inc., Dean Krieg and Mary SERVICE OF PROCESS; WAIVER OF
Louise Krieg, husband an wife, ANSWER AND ALL DEFENSES;
13 I srn¤ULAr1oN son nivrnv or
14 Defendants. JUDGMENT ON COMPLAINT
15 I
, TO: Janet Weinstein, Esq.
16 _‘ Fennemore Craig, P.C.
3003 North Central Avenue, Suite 2600
17 1 shams, Arizona 85012-2913
18 I Attorneys for Plaintiff, Ramada Franchise Systems, Inc.
19 Pursuant to the ,certain Settlement Agreement dated November 18, 2004
20 ("Settlement Agreement"), the undersigned parties, after receiving the advice of counsel
2] agree to waive service of a Summons in this action Ramada Franchise Systems, Inc. v.
22 Kriegs, Inc., Dean Krieg and Mgy Louise Krieg, and agree to the reinstatement of the
23 complaint filed by plaintiff, and waive service of a Summons and Complaint in this action
24 by not requiring that Kriegs, Inc., Dean Krieg and/or Mary Louise Krieg be served with
25 judicial process in the manner provided by the Federal Rules of Civil Procedure.
26 Kriegs, Inc., Dean Krieg and Mary Louise Krieg, after having received the advice
I
I
!
Case 2:O2—cv-O2088—HFiH Document 112 Filed O4/O5/2006 Page 1 of 3

1 of counsel, each waives all defenses and objections to the lawsuit, waives all defenses and
2 objections to the merits of the action, waives any defenses under Rule l2(b), Federal
3 Rules of Civil Procedure, waives any answer or other responsive pleading to the
4 complaint in this action, waives any defense or defenses based upon any statutes of
5 limitations or laches, and waives all defenses or objections or to the jurisdiction or venue
6 of the court, in addition to the waiver of seivice of process.
7 Kriegs, Inc., Dean Krieg and Mary Louise Krieg, after having received advice of
3 counsel, understand and hereby agree that judgment (in the fonn attached as Exhibit "B"
9 to the parties’ Settlement Agreement) may innnediately be entered against each of them
10 jointly and severally, without delay and without the necessity of a hearing.
tl By signing below, Kriegs, lnc., Dean Krieg and Mary Louise Krieg acknowledge
12 that they enter this Waiver of Service and All Defenses to This Action voluntarily and
13 alter having had consultation with and receiving advice nom counsel of their choice.
14 DATED this { day of "7;é£m,.... ,2005.
15 MEAGHER & GEER, P.L. P. l
16
17 By: .
raif (No. 017246)
18 Je . Mama (Na. massa)
Attorneys for Defendants Kriegs,
19 Inc., Dean @eg and Mary
Louise Krieg,
20
Kriegs, Inc. · Q'7
21 ,/ r
BY? xx _ /é{
22 Its: as
r
23
24 Dean e -
25 cx /;_@/ - r ,
26 Mary ouis `eg '
- 2 -
Case 2:O2—cv-O2088—HRH Document 112 Filed O4/O5/2006 Page 2 013

$TATE OF
_ · _ ) ss:
COUNTY OF Q §‘;i1QQ€UUO¤—- )
The foregoing i ment owledged before me this day of
Cf §g,·;'c‘»w;@ ,é‘0G¤l, by ..&%/ , on behalf ofK1·iegs, Inc. an Arizona
Corporation.
Not blic
My commission expires:
r A. KEHCKAEHT
Notary: Public, ?§Eo of Michigan
ounty 0 Jppewa
STATE OF My Commission Expires Jul. 9, 2011
. ) ss: Acting in the County of g° im;
COUNTY OF gi §3tg{]€)£t,j,)g;,, )
The foregoing instrument was acknowledged before me this ig day of
Q €’.h]QOg”§ , QBB4, by Dean Krieg.
(EDU;
N lic
My commission expires:
A. t£EHOi - Notary Pubiic, State or imo ugan
· Go fChippewa
STATE OF n,C0mmr;Q§.¥i.’¤°a in 9. 2%
- ’ · Ami ' th C my
connw or Q in i ggoo "Q "` ° °°
The foregoing instrument was acknowledged before me this gy day of
& by ,g 0.;;% ,%8·9·4·g by MARY LOUISE KRIEG.
Nota blic
My commission expires:
i>n>o·nysn~¤sra aston |0.112o4?»1.o3s
A. KEPiCi<.e§£FtY
Notary Public, State of lvtichigaii
County of Chippewa
My Commission Expires Jul. 9, 2011
Actinginme County of gg [G)
3
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