Free Notice of Filing Proposed Pretrial Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pursuant to the Scheduling Order previously entered, the following is the Joint Proposed Pretrial Order to be considered at the Final Pretrial Conference set for April 29, 2005, at 3:00 pm before Judge Martone. 1. TRIAL COUNSEL FOR THE PARTIES SHIMKO & PISCITELLI, et al., IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) Plaintiffs, ) ) v. ) ) PAUL WOODCOCK, et al., ) ) Defendants. ) ___________________________________ ) CASE NO. CV 04-78-PHX-FJM JOINT PROPOSED PRETRIAL ORDER

Plaintiff(s): Timothy A. Shimko, Esq. and David A. Welling, Esq., 925 Euclid Avenue, 2010 Huntington Building, Cleveland, Ohio 44114. Telephone Number (216) 241-8300//Fax: 216-241-2702. Richard Hricik, Esq., The Law Offices of Richard A. Hricik, PA, 941 Houston Northcutt, Ste. 204, Mt. Pleasant SC 29464, Telephone Number: (843) 849-0136//Fax: (843) 2161914 (Motion for Admission in process). Defendant(s): Counsel for Woodcock Defendants: Richard McDaniel, Esq., 7321 N. 16th Street, Phoenix, Arizona 85020. Telephone Number (602) 943-5658 Counsel for Ross Defendants: Roger L. Cohen, Esq., Jaburg & Wilk, P.C., 3200 North Central Avenue, Ste. 2000, Phoenix, Arizona 85012. Telephone: (602) 248-1000//Fax: (602) 248-0522 Defendants in pro se: David Goldfarb and Rhonda Goldfarb, 11437 N. 53rd Place, Phoenix, Arizona 85254

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ("Shimko"), filed suit against three limited partnerships and their individual partners, for fees 17 18 19 20 21 22 23 24 lawyers from recovering legal fees incurred in an unethical representation. 25 26 incurred in the joint representation of the companies and the individuals in a series of litigation matters. Shimko engaged in serious conflicts and ethical violations in representing the companies and the individual defendants in the underlying litigation, failing to disclose the conflicts, failing to obtain written consent, failing to discuss the advantages and risks of joint representation, and otherwise in violating ERs 1.7 and 1.9. The Ninth Circuit prohibits There remains unpaid bills for those services rendered. The Plaintiffs have brought claims for action on account, breach of contract, and quantum meruit. As a remedy, the Plaintiffs seek payment on their invoices, or in the alternative, they seek just compensation for the work the services they rendered. Defendants' Statement: This is a lawsuit for legal fees, brought by lawyers against their former clients. An Ohio law firm and its principal, attorney Timothy A. Shimko 2. STATEMENT OF JURISDICTION/VENUE

Diversity of citizenship under 28 U.S.C. 1332. Venue was transferred to this Court by motion. 3. NATURE OF ACTION Plaintiff's Statement: This lawsuit was brought by the Plaintiffs to collect on unpaid bills. The Plaintiffs are lawyers that represented the Defendants in nationwide litigation.

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1 2 3 4 5 6 7 8 9 10 11 12 5. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 · · · · · · · · ·

In any event, this case involves the attempt by attorneys to collect legal fees from individual limited partners, notwithstanding that (1) the fee agreement was with only the limited partnerships; (2) the bills were sent only to the limited partnerships; (3) any payments were made only by the limited partnerships; and (4) as general counsel to the limited partnerships, the attorneys had actual knowledge of each individual's relationship and position with the limited partnerships. 4. STIPULATIONS AND UNDISPUTED FACT Plaintiff: No stipulations. Defendant: See Joint Pretrial Statement filed by Defendants for Defendants' Undisputed Facts. WITNESSES Plaintiff(s): Timothy A. Shimko (925 Euclid Ave., 2010 Huntington Bldg., Cleveland, Ohio 44115) Craig Boates (42104 N. Venture Court, Suite C-122, Anthem, Arizona 85086-0001) Fred Ritchie Joel Brill Mildred Pacheco (925 Euclid Ave., 2010 Huntington Bldg., Cleveland, Ohio 44115) Milton Guenther (3642 E. Rockwood Drive, Phoenix, Arizona 85032) Richard Ross (PO Box 4784, Scottsdale, Arizona 85261) David Goldfarb (11437 N. 53rd Place, Scottsdale, Arizona 85254) Paul Woodcock (28248 N. Tatum Blvd., B-1 PMB 614, Cave Creek, Arizona 85331)

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Plaintiff further reserves the right to call or cross any witnesses called or named by any of the Defendants. Defendants:

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Paul Woodcock Bobbi Woodcock Richard Ross David Goldfarb Mick Guenther Craig Boates Timothy Shimko Frank Piscitelli (if available) David Welling (if available) Without waiver of objections, all witnesses listed by Plaintiff. EXHIBITS Plaintiffs:

18 19 20 21 22 23 24 25 2. Shimko deposition transcript 3/24/08 26 See Plaintiffs' Exhibit List attached hereto. In addition to the list attached, any and all depositions and all documents produced during discovery process. Without waiver of objections, any and all exhibits listed or used by any other party. Defendants: 1. Exhibits #1-7, and 78-79 from Shimko's Civil Exhibit List prepared for Guenther trial.

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3. Guenther trial transcript 5/17/05 4. Shimko affidavits in support of motions for summary judgment or responses to summary judgment before Judge Martone and Judge Sedgwick, including Shimko Affidavit, 11/8/06, attached as Exhibit H to Shimko's Motion for Summary Judgment filed in 2:05-CV-01387-JWS on 11/9/06 and Shimko Affidavit 5/17/04, submitted to this Court with Shimko's Motion for Summary Judgment on 5/17/04. 5. All pleadings with any reference to amounts paid Shimko's firm or amounts claimed owed to Shimko's firm filed by Shimko before Judge Martone, Judge Sedgwick, and the Ninth Circuit Court of Appeals, including Appellees' Response Brief, 3/28/06. 6. Plaintiffs' Post-Trial Memorandum on the Issue on Remand on the Guenther Matter, 3/3/08.

13 14 15 16 17 18 19 20 12. Summary list of checks and wire transfers prepared by counsel showing Shimko's 21 22 23 24 25 26 firm was paid $603,816.l80 (as a demonstrative exhibit). 13. Shimko's response letters and exhibits to the Arizona State Bar regarding complaints filed against Shimko. 7. Mick Guenther Deposition 2/24/03 8. Shimko invoice for December 2000 9. Operating Agreement Aztec Medical and Table of Membership Interests 10. Jeff Finley 3/3/03 letter to Shimko 11. Defendant Woodcock's non-uniform interrogatories and requests for production and Shimko's responses.

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14. Exhibit prepared at direction of defense counsel showing Piscitelli billed approximately $314,868.42. 15. Shimko 3/4/03 letter to Defendants re: bounced checks in the amount of $112,500. 16. December 5, 2001 through April 23, 2003 Invoices 17. April 29, 2003 Letter from Shimko to Woodcock 18. May 2, 2003 Complaint 19. May 17, 2004 Affidavit of Shimko 20. June 18, 2004 Affidavit of Woodcock 21. June 18, 2004 Affidavit of Ross 22. September 13, 2004 Final Judgment as to claims against Defendants Brill and Ritchie 23. Without waiver of objections, any and all exhibits listed or used by any other party.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 _______________________________ Roger L. Cohen, Esq. Jaburg & Wilk, P.C. 3200 North Central Avenue, Ste. 2000 Phoenix, Arizona 85012 [email protected] Counsel for Defendant Ross ________________________________ Richard J. McDaniel, Esq. APPROVED AS TO FORM AND CONTENT:

/s/ Timothy A. Shimko TIMOTHY A. SHIMKO (0006736) 925 Euclid Avenue 2010 Huntington Building Cleveland, Ohio 44115 Tel. (216) 241-8300 Attorney for Plaintiffs

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11811 N. Tatum Blvd., Ste. 1051 Phoenix, Arizona 84208 Counsel for Defendants Woodcock _________________________________ David Goldfarb

____________________________________ Rhonda Goldfarb THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED ON THIS _____ DAY OF _________________, 2008. _______________________________ Frederick J. Martone United States District Judge

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RESPECTFULLY SUBMITTED ON this ____ day of August, 2008. TIMOTHY A. SHIMKO & ASSOCIATES By: /s/ Timothy A. Shimko Timothy A. Shimko (OSBN 0006736) David A. Welling (OSBN 0075934) 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702

Attorneys for Plaintiffs Shimko & Piscitelli and Timothy A. Shimko

COPY of the foregoing electronically filed and served this 12th day of August, 2008 upon: Roger L. Cohen, Esq. Jaburg & Wilk, P.C. 3200 North Central Avenue, Ste. 2000 Phoenix, Arizona 85012 [email protected] Counsel for Defendant Ross Richard J. McDaniel, Esq. 11811 N. Tatum Blvd., Ste. 1051 Phoenix, Arizona 84208 Counsel for Defendants Woodcock Served via regular U.S. Mail upon the following: Mr. and Mrs. David Goldfarb 11437 N. 53rd Place Phoenix, Arizona 85254 Defendants pro se /s/ Mildred Pacheco

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