Free Report - District Court of Arizona - Arizona

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Guttilla Murphy Anderson, P.C.

Guttilla Murphy Anderson, P.C.
Ariz. Firm No. 00133300

Alisan M. B. Patten (Ariz. No. 009795) 4150 West Northern Avenue Phoenix, Arizona 85051 Email: [email protected] Phone: (623) 937-2795 Fax: (623) 937-6897 Attorneys for the Receiver

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Lawrence J. Warfield, Receiver, Plaintiff, v. Michael Alaniz, et al. Defendants. ) ) ) ) ) ) ) ) ) ) )

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

Cause No. CV 03-2390 PHX JAT

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RECEIVER'S STATUS REPORT

This Status Report is filed by the Receiver named in the case captioned above. By order of the Ninth Circuit dated May 31, 2007, and as reflected in the electronic order dated June 7, 2007 entered in the above-captioned case (Docket Number 609), the Notice of Appeal filed in this case by Defendants has been held by the Ninth Circuit Court of Appeals to be ineffective until entry of the order disposing of the last timely motion filed pursuant to Federal Rule of Appellate Procedure 4(a)(4) (which includes motions to alter or amend a judgment, or for new trial, filed pursuant to Rule 59, Fed. R. Civ. P., as well as motions for relief filed under Rule 60, Fed. R. Civ. P., if the latter are filed no later than 10 days after the judgment is entered.)

Case 2:03-cv-02390-JAT

Document 610

Filed 06/12/2007

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Guttilla Murphy Anderson, P.C.

There are two motions currently pending before this Court that were filed pursuant to Rules 59(e), or 60, Fed. R. Civ. P. The Receiver filed his Motion to Alter or Amend Judgment on March 12, 2007 (Docket Number 582). This motion was unopposed.1 On March 12, 2007, Defendant Paul Richard filed Defendant Paul Richard's Motion to Alter Judgment Pursuant to Federal Rules of Civil Procedure 59(e) and 60(a)(5) (Docket Number 580). The Receiver filed a Response to Defendant Richard's motion on March 28, 2007 (Docket Number 587) and Defendant Richard filed a Reply in support of his motion on April 6, 2007 (Docket Number 592). Respectfully submitted this 12th day of June, 2007.

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

10 GUTTILLA MURPHY ANDERSON, P.C. 11 12 13 14 15 16 17 18 19 20 21 22 On April 9, 2007, the Receiver filed a subsequent Request for Ruling on Receiver's Unopposed Rule 59 Motion to Alter or Amend Judgment (Docket Number 597).
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s/ Alisan M. B. Patten_____________ Alisan M. B. Patten Attorneys for the Receiver

Additionally, on March 9, 2007, the Receiver filed a Bill of Costs (Docket Number 579) 23 with the Clerk of the U.S. District Court. No objections were filed by the Defendant and the parties are awaiting a determination by the Clerk. Case 2:03-cv-02390-JAT Document 610 2 Filed 06/12/2007 Page 2 of 3

1 PROOF OF SERVICE 2 3 4 5 6 7 8
Guttilla Murphy Anderson, P.C.

This is to certify that on this 12th day of June, 2007, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the CM/ECF registrants listed below; and that the persons listed below who are not registered participants of the CM/ECF System have been served with a copy of the foregoing document by first class mail this date.

s/Alisan M. B. Patten Alisan M. B. Patten

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4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

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Burton M. Bentley ECF Registered [email protected] Attorney for Defendants Leonard and Elizabeth Bestgen, Robert Carroll, Rudy and Mary Crosswell, Charles Davis, Richard Derk, Paul Richards, and Patrick and Andrea Wehrly

0758-011(63435)

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Case 2:03-cv-02390-JAT Document 610

3 Filed 06/12/2007

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