Free Motion to Strike - District Court of Arizona - Arizona

1 2 3 40 North Center, Suite 200 4 Mesa, Arizona 85201 (480) 464-1111 5 Attorneys for Plaintiff By: Bradley D. Weech, Bar No. 011135 6 Jeremy S. Geigle, Bar No. 021786 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA No. CIV-04-595 PHX MHM

9 ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, 10 JOSEPH M. STUDNEK, 11 12 v. 13 AMBASSADOR OF GLOBAL MISSIONS UN LIMITED AND HIS SUCCESSORS, A 14 CORPORATION SOLE, a Nevada corporation; EL SHADDAI MINISTRIES 15 AND HIS SUCCESSORS, A CORPORATION SOLE, a Nevada 16 Corporation; SECOND CHANCE CHRISTIAN EVANGELISTIC MINISTRIES, 17 a California corporation; BISHOP OF FAITH VISION NOBLE HOUSE AND HIS 18 SUCCESSORS, A CORPORATION SOLE, a California corporation; JOSEPH L. 19 WILLIAMS and MONICA C. CISNEROS, as husband and wife; WILLIAM JOE LITTLE, 20 JR.; MICHAEL CAMBRA and GLORIA CAMBRA, as husband and wife; JOEL 21 DAVID and CINDY DAVID, as husband and wife; KEITH AARON VANN and TRISHA 22 VANN, as husband and wife, 23 24 25 26 Case 2:04-cv-00595-MHM Document 80 Defendants/Counterclaimants. Plaintiff/Counterdefendant,

PLAINTIFF'S MOTION TO STRIKE DEFENDANT JOSEPH L. WILLIAMS' MOTION TO DISMISS, PRESENTING DEFENSE OF RULE 12: LACK JURISDICTION OVER SUBJECT MATTER; LACK OF JURISDICTION OVER PERSON; IMPROPER VENUE; FAILURE TO STATE A CLAIM; FAILURE TO JOIN A PARTY UNDER RULE 19

Assigned to the Honorable: Mary H. Murguia

Filed 01/05/2006

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Plaintiff moves this Court to strike Defendant Joseph L. Williams' pro per Motion to Dismiss

2 pursuant to Rule 83.3(c)(1)&(2)of the Local Rules of Civil Procedure. Mr. William's pro per Motion is 3 inappropriate, untimely and contrary to Local Rule 83.3(c)(1)&(2) because the law firm Osborn Maledon 4 presently represents Mr. Williams in this case. Mr. Williams cannot act in his own behalf and therefore 5 his motion must be stricken. 6 7 8 9 MEMORANDUM OF POINTS AND AUTHORITIES Defendant Joseph L. Williams' Motion to Dismiss should be stricken pursuant to Local Rules of Plaintiff's Motion to Strike is supported by the attached Memorandum of Points and Authorities.

10 Civil Procedure, Rule 83.3(c)(1)&(2) which reads as follows: 11 12 13 14 15 16 17 (1) Anyone appearing before the court is bound by these Local Rules. Any reference in these Local Rules to `attorney' or `counsel' applies to parties not represented by an attorney unless the context requires otherwise. (2) Appearance by Represented Party. Whenever a party has appeared by an attorney, that party cannot thereafter appear or act in that party's own behalf in the cause, or take any steps therein, unless an order of substitution shall first have been made by the Court after such notice to the attorney of each such party, and to the opposite party. LRCiv 83.3(c)(1)&(2). On September 16, 2004, Osborn Maledon began representing Mr. Williams and filed multiple

18 documents on his behalf. To date Osborn Maledon remains the attorney of record for Mr. Williams in this 19 case. In fact, the Court has scheduled a hearing on January 13, 2006 at 3:30pm to hear the issue of Osborn 20 Maledon's Ex Parte Motion to Withdraw. Despite the foregoing and contrary to Local Rule 83.3(c)(1)&(2), 21 Mr. Williams filed his pro per Motion to Dismiss. Therefore, Defendant Joseph L. Williams' Motion to 22 Dismiss should be stricken. 23 WHEREFORE, Plaintiff requests this Court strike Defendant Joseph L. Williams' Motion to

24 Dismiss and award Plaintiff's its attorneys' fees and costs incurred herein. 25 / / / 26 / / / Case 2:04-cv-00595-MHM Document 80 2 Filed 01/05/2006 Page 2 of 3

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Dated this 5th day of January, 2006. JACKSON WHITE, P.C.

By: /s/ Jeremy S. Geigle Bradley D. Weech Jeremy S. Geigle Attorneys for Plaintiff

ORIGINAL of the foregoing filed 8 with the Clerk of the United States District Court this 5th day of 9 January, 2006 10 Judge Mary H. Murguia 401 W. Washington 11 Phoenix, AZ 85003 12 COPY of the foregoing mailed this same date to: 13 Debra A. Hill 14 OSBORN, MALEDON, P.A. 2929 North Central Avenue, Suite 2100 15 Phoenix, Arizona 85012-2794 Attorney for Defendants 16 17 By: 18 19 20
F:\STU\Studnek, Joe\Global Missions\Pldgs\Motion to Strike Larry's Motion to Dismiss.wpd

/s/ Catherine R. Magurany

21 22 23 24 25 26 Case 2:04-cv-00595-MHM Document 80 3 Filed 01/05/2006 Page 3 of 3