Free Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 ESTATE OF JOSEPH J. STUDNEK, by and 9 through its PERSONAL REPRESENTATIVE, JOSEPH M. STUDNEK, 10 Plaintiff/Counterdefendant, 11 v. 12 AMBASSADOR OF GLOBAL MISSIONS 13 UN LIMITED AND HIS SUCCESSORS, A CORPORATION SOLE, a Nevada 14 corporation; EL SHADDAI MINISTRIES AND HIS SUCCESSORS, A 15 CORPORATION SOLE, a Nevada Corporation; SECOND CHANCE 16 CHRISTIAN EVANGELISTIC MINISTRIES, a California corporation; BISHOP OF FAITH 17 VISION NOBLE HOUSE AND HIS SUCCESSORS, A CORPORATION SOLE, a 18 California corporation; JOSEPH L. WILLIAMS and MONICA C. CISNEROS, as 19 husband and wife; WILLIAM JOE LITTLE, JR.; MICHAEL CAMBRA and GLORIA 20 CAMBRA, as husband and wife; JOEL DAVID and CINDY DAVID, as husband and 21 wife; KEITH AARON VANN and TRISHA VANN, as husband and wife, 22 Defendants/Counterclaimants. 23 24 No. CV-04-595-PHX-MHM JUDGMENT

Pursuant to this Court's April 11, 2007 Order granting Plaintiff's Motion to Enforce Settlement

25 Agreement and For Judgment for Breach of Same and Motion for Attorney Fees and/or Sanctions and/or 26 for the Court's Order of Contempt, and good cause appearing; Case 2:04-cv-00595-MHM Document 217 Filed 09/28/2007 Page 1 of 13

1

IT IS ORDERED GRANTING Plaintiff Judgment as to all terms of the Settlement Agreement

2 attached hereto, and inclusive of, but not limited to the following against Ambassador of Global 3 Missions Un Limited and His Successors, a Corporation Sole, a Nevada Corporation; El Shaddai 4 Ministries and His Successors, a Corporation Sole, a Nevada Corporation; Second Chance Christian 5 Evangelistic Ministries, a California Corporation; Joseph L. Williams; and Michael Cambra and his 6 marital community composed of himself and Gloria Cambra, but not as to Gloria Cambra individually. 7 IT IS FURTHER ORDERED GRANTING Plaintiff judgment against these defendants for the

8 principal sum of $50,000.00 with interest thereon at the legal rate of ten percent (10%) per annum from 9 November 9, 2006, the original due date for the first payment, until paid; 10 IT IS FURTHER ORDERED GRANTING Plaintiff judgment against these defendants for the

11 principal sum of $100,000.00 with interest thereon at the legal rate of ten percent (10%) per annum from 12 December 24, 2006, the original due date for the second payment, until paid; 13 IT IS ORDERED GRANTING Plaintiff Attorney's Fees in the sum of $48,261.00; Non-Taxable

14 Costs in the sum of $525.46; for a total Judgement of $48,786.46 with interest thereon at the statutory 15 rate of ten percent (10%) per annum from the date of this Judgment until paid; 16 IT IS FURTHER ORDERED commanding Joseph Larry Williams and Michael J. Cambra to

17 execute the Settlement Agreement and the attached documents and deliver the original executed 18 documents during business hours to Bradley D. Weech at 40 N. Center St., Ste. 200, Mesa, AZ 85201 19 within five business days after entry of this Judgment; 20 IT IS FURTHER ORDERED pursuant to Rule 70, Federal Rules of Civil Procedure, authorizing

21 and directing execution and delivery of the Settlement Agreement and attached documents by Bradley 22 D. Weech at the cost of Mr. Joseph Larry Williams and Mr. Michael J. Cambra on the sixth business day 23 after entry of this Judgment unless Mr. Williams and/or Mr. Cambra have first complied with this 24 paragraph and filed with this Court proof of such compliance. Execution and delivery by Mr. Weech 25 shall have like effect as if done by Mr. Williams and/or Mr. Cambra. Whether signed by Mr. Williams 26 or Mr. Weech, Mr. Weech is authorized to file the dismissal documents for the California cases, along Case 2:04-cv-00595-MHM Document 217 2 Filed 09/28/2007 Page 2 of 13

1 with a copy of this Judgment, if necessary, with the appropriate California Court(s) to effectuate the 2 dismissal of those two cases. 3 IT IS FURTHER ORDERED confirming the waiver and release of all claims as set forth in

4 Paragraph 4 of the Settlement Agreement as well as the representations and warranties set forth in 5 Paragraph 5 of the Settlement Agreement. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Case 2:04-cv-00595-MHM Document 217 3 Filed 09/28/2007 Page 3 of 13 IT IS FURTHER ORDERED that the Clerk of Courts should enter Judgment accordingly.

DATED this 27th day of September, 2007.

SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release memorializes the settlement agreement entered into before Judge David K. Duncan in open Court on September 19, 2006 (the "Settlement Agreement"). The Parties to the Settlement Agreement were the ESTATE OF JOSEPH J. STUDNEK, by and through its PERSONAL REPRESENTATIVE, JOSEPH M. STUDNEK (the "Estate"), on the one hand, and AMBASSADOR OF GLOBAL MISSIONS UN LIMITED AND HIS SUCCESSORS, A CORPORATION SOLE ("Global Missions"), JOSEPH L. WILLIAMS ("Williams"), EL SHADDAI MINISTRIES AND ITS SUCCESSORS, A CORPORATION SOLE ("El Shaddai"), SECOND CHANCE CHRISTIAN EVANGELISTIC MINISTRIES ("Second Chance"), and MICHAEL J. CAMBRA ("Cambra") (collectively "Settling Defendants"), on the other hand. The Estate on the one hand and the Settling Defendants, on the other hand, are collectively referred to herein as the "Parties." The terms of the Settlement Agreement were and are confirmed and agreed to here as follows: 1. CONTINGENCY: This Settlement Agreement is contingent, but only contingent, upon approval by the Alaska Probate Court that is administering the Estate i.e. The Superior Court for the State of Alaska, Third Judicial District at Anchorage, Case No. 3AN-96-01367 PR. No other contingencies exist. This Settlement Agreement shall be void in the event the Probate Court does not approve it. 2. PAYMENT: On October 10, 2006, the Estate provided notice to the Settling Defendants that the Alaska Probate Court has approved this Settlement Agreement as required by the Settlement

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Agreement. Thus, on or before November 9, 2006, the Settling Defendants shall pay the Estate the sum of Fifty Thousand Dollars ($50,000) by means of a cashier's check made payable to Jackson White, P.C. for the benefit of the Estate and by delivery to Jackson White at 40 North Center Street, Suite 200, Mesa, Arizona 85201. Payment must actually be received by Jackson White on or before November 9, 2006. For purposes of this paragraph, "notice" shall mean the date the Estate deposits a copy of the Alaska Probate Court's approval of the Settlement Agreement in the US Mail postage prepaid, certified, return receipt requested and addressed to the Settling Defendants as set forth below. The Settling Defendants further agree to pay the Estate an additional One Hundred Thousand Dollars ($100,000) on or before forty-five (45) days of payment of the $50,000 noted above, by means of a cashier's check made payable to Jackson White, P.C. for the benefit of the Estate and by delivery to Jackson White at 40 North Center Street, Suite 200, Mesa, Arizona 85201. Payment must actually be received by Jackson White by the deadline date. 3. DISMISSAL OF ALL LITIGATION: The Parties agreed to the dismissal with prejudice of all litigation currently pending between the Estate, its beneficiaries, agents, attorneys, etc., on the one hand, and the Settling Defendants, on the other hand, including, but not limited to the claims between them in Studnek v. Global, United States District Court for the District of Arizona, CIV-04-595-PHX-MHM (the "Arizona Action") and the two complaints filed by Williams in California, e.g. Williams' May 16, 2006, complaint in Alameda County Superior Court, HG06270054, against the Estate, Joseph M. Studnek, Jeremy Geigle, and Jackson White, P.C. and Williams' May 23, 2006, complaint in Alameda County Superior Court, HG06271253, against the Estate, Joseph M. Studnek, Jeanie Owens, John Owens, Jeremy Geigle, Jill Geigle, Jackson White, P.C., Charles Hall, and Keith

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Vann (the "California Actions"). The Parties will bear their own costs and attorneys' fees in relation to the Arizona Action and the California Actions, except as otherwise provided herein, all claims against the Parties in those cases being dismissed and released. The Estate's claims against other defendants in the Arizona Action shall not to be affected by the dismissal of the Settling Defendants or this Settlement Agreement. Williams' claims against Charles Hall and Keith Vann shall not be affected by the dismissal of the other defendants or this Settlement Agreement. Stipulations for Dismissal with Prejudice for these actions and appropriate Orders are attached hereto, as Exhibits "1", "2" and "3". The Parties and/or their counsel shall execute the stipulations and orders upon execution of this Settlement Agreement. Jackson White shall hold these stipulations for dismissal pending approval by the Probate Court. Upon the Probate Court's approval of this Settlement Agreement, the Estate and/or any of the other named defendants being dismissed from the California Actions shall be entitled to file the stipulations to dismiss the California Actions and orders in those actions. Upon full compliance by the Settling Defendants with all obligations identified herein, including payment of all sums noted herein, the Estate shall file the stipulation and order for dismissal of the Arizona Action. The Parties hereby avow that the Parties have no other lawsuits pending against one another in any jurisdiction. The Parties also agree that by virtue of this settlement agreement, the parties are giving up any and all rights, contractual or otherwise, that each may have against the other except as specified in this agreement. 4. MUTUAL WAIVERS AND RELEASES:

The Estate, for itself, and for its respective executors, personal representatives, general partners, limited partners, heirs, beneficiaries, devisees, parents, subsidiaries, affiliates, agents,

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servants, employees, attorneys and their spouses, subcontractors, representatives, employers, insurance carriers, officers, directors, assigns, predecessors-in-interest and successors-in-interest, and spouses of any such does hereby fully release and forever discharge the Settling Defendants and their respective parents, subsidiaries, affiliates, agents, servants, employees, attorneys, subcontractors, representatives, employers, partners, insurance carriers, officers, directors, assigns, predecessors-in-interest and successors-in-interest of and from any and all obligations, lien rights, claims and causes of action from the beginning of time to the date of this agreement, including, but not limited to, actions related in any fashion to the Arizona Action and California Actions, including, but not limited to, all claims and causes of action which it now has, known or unknown, growing out of or connected in any way with the Arizona Action and California Actions, provided that it is expressly agreed and understood that the releases herein do not bar claims for breach of this Settlement Agreement. The Settling Defendants, for themselves, and for their respective general partners, limited partners, heirs, devisees, parents, subsidiaries, affiliates, agents, servants, employees, attorneys, subcontractors, representatives, employers, insurance carriers, officers, directors, assigns, predecessors-in-interest and successors-in-interest and spouses of any such, do hereby fully release and forever discharge the Estate and its respective executors, personal representatives, beneficiaries, parents, subsidiaries, affiliates, agents, servants, employees, attorneys and their spouses, subcontractors, representatives, employers, partners, insurance carriers, officers, directors, assigns, predecessors-in-interest and successors-in-interest, and spouses of any such, of and from any and all obligations, lien rights, claims and causes of action from the beginning of time to the date of this agreement, including but not limited to, actions related in any fashion to the Arizona Action and California Actions, including, but not limited to, all claims and causes of

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action which they now have, known or unknown growing out of or connected in any way with the Arizona Action and California Actions, provided that it is expressly agreed and understood that the releases herein do not bar claims for breach of this Settlement Agreement. The Parties agree that this Settlement Agreement shall not affect any Party's rights with respect to the parties to the Arizona Action who are not Settling Defendants as defined herein. The Parties agree that this Settlement Agreement shall not affect the Estate's rights with respect to its potential receipt of restitution awarded as a result of action(s) undertaken by any government authority, provided, however, that the amount of any such restitution shall be reduced by any amount paid by the Settling Defendants. 5. REPRESENTATIONS AND WARRANTIES: The Parties hereby represent and warrant that they have not sold, assigned, transferred or in any other manner conveyed to any other person or entity any rights or interest in the Arizona Action, California Actions or any other claims they may have against each other, known or unknown. Should any claim be made by another person or entity in contravention of this representation and warranty, then the party claimed to have so transferred the right shall indemnify and defend against such claim. The Parties further represent and warrant that (i) it, she or he is authorized to execute, deliver and perform this Settlement Agreement; and (ii) this Settlement Agreement constitutes a legal, valid and binding obligation of such party enforceable against such party in accordance with the terms herein. Cambra represented in Court, and on the Court record, that he is married. However, his obligations for payment herein are as to himself individually and not as to his wife and/or his marital community.

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Williams represented in Court, and on the Court record, and hereby confirms that he is not married, and is a single man. The Parties acknowledge that they relied on the representations and/or promises by each made in open Court on the Court record and as contained herein, and have relied upon these in entering into this Settlement Agreement. 6. GOVERNING LAW, FORUM AND ATTORNEYS FEES AND COSTS: This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, including, without limitation, all matters of formation, interpretation, construction, validity, performance and enforcement. In the event that suit is brought to enforce this Settlement Agreement, each of the Parties agrees that the State of Arizona, County of Maricopa, is the proper venue for any suit brought to enforce this Settlement Agreement or with respect to any issues related to the interpretation of this Settlement Agreement. In the event either the Estate or the Settling Defendants breaches this agreement, the nonbreaching party, or parties, shall be entitled to recover from the breaching party, or parties, all attorney fees and costs (not limited to statutory costs) reasonably incurred to prosecute the breach and/or to enforce this agreement, whether or not litigation is initiated Cambra's liability for any breach of this Settlement Agreement shall be limited to his sole and separate property as it existed as of September 19, 2006 or that comes into existence thereafter and not to his marital property or any sole and separate property of his spouse as it existed on September 19, 2006.

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7.

SOLE AGREEMENT, MODIFICATION: This Settlement Agreement constitutes the sole and entire agreement between the Parties

with respect to the matters covered hereby and this Settlement Agreement supersedes any prior or contemporaneous agreement, understanding or undertaking, written or oral, by or between the Parties regarding such subject matter. However, this document, as noted above, is a memorialization of the Settlement Agreement entered into before Judge David K. Duncan in open Court on September 19, 2006. It is not a replacement of that agreement. No term or provision of this Settlement Agreement may be varied, changed, modified, waived, discharged or terminated orally, but only by instrument in writing signed by the party against whom the enforcement of the variation, change, modification, waiver, discharge or termination is sought. The waiver by any party hereto of any breach of any provision of this Settlement Agreement shall not constitute or operate as a waiver of any breach of any other provision hereof, nor shall any failure to enforce any provision hereof constitute or operate as a waiver of any breach of any other provision hereof, nor shall any failure to enforce any provision hereof constitute or operate as a waiver at such time or at any future time of such provision or of any other provision hereof. 8. COUNTERPARTS: This Settlement Agreement may be executed in counterparts with the same force and effect as if the signatures hereto and thereto were upon the same instrument. 9. SEVERABILITY: The provisions of this Settlement Agreement are severable, and if any of the provisions shall be held by any court of competent jurisdiction to be unenforceable, such holdings shall not affect or impair any other provision hereof.

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10.

FURTHER ASSURANCES: The Parties agree to take or cause to be taken all other actions reasonably necessary to

carry out the provisions of this Settlement Agreement. 11. NO ADMISSION OF LIABILITY: No party to this Settlement Agreement admits liability, and nothing contained in this Settlement Agreement shall be construed as an admission of liability on the part of any of the Parties. The Parties regret the differences between them that has led to the Arizona Action, and wish to put the matter to rest. 12. HEADINGS: The headings used herein are for convenience and reference only and are not intended to define, limit, or describe the scope or intent of any provisions of this Settlement Agreement. 13. NOTICES: All notices to any of the Parties for purposes of this Settlement Agreement shall be considered as delivered to such party by placing those notices in the mail, postage prepaid, registered or certified mail or third-party commercial carrier, addressed to the Party at the address below. Any Party may at any time notify the others of a change of its address for notices by mailing a registered or certified letter or by third-party commercial carrier containing the particulars of such change to the others at the addresses listed below. The Estate of Joseph J. Studnek c/o Joe Studnek 824 East Kramer Road Mesa, AZ 85203 With a copy to: Bradley D. Weech / Jeremy S. Geigle Jackson & White 40 North Center, Suite 200 Mesa, Arizona, 85201 8 Case 2:04-cv-00595-MHM Document 217 Filed 09/28/2007 Page 11 of 13 Joseph L. Williams 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580

El Shaddai 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580 With a copy to: Debra Hill Osborn Maledon PA 2929 North Central Avenue Suite 2100 Phoenix AZ 85012 Global Missions 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580 With a copy to: Debra Hill Osborn Maledon PA 2929 North Central Avenue Suite 2100 Phoenix AZ 85012

Second Chance 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580 With a copy to: Debra Hill Osborn Maledon PA 2929 North Central Avenue Suite 2100 Phoenix AZ 85012 Michael J. Cambra 15934 Hesperian Blvd. P.M.B. 311 San Lorenzo, CA 94580 With a copy to: Debra Hill Osborn Maledon PA 2929 North Central Avenue Suite 2100 Phoenix AZ 85012

IN WITNESS WHEREOF, the Parties hereto, acting pursuant to due power and authority, have caused this Settlement Agreement and Release to be executed in their respective names by their duly-authorized officers or representatives as of the respective dates below.

ESTATE OF JOSEPH J. STUDNEK

By: __________________________________ Its: _____________________________ Date: ___________________________

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JOSEPH L. WILLIAMS

______________________________________ Date: ___________________________

AMBASSADOR OF GLOBAL MISSIONS UN LIMITED AND HIS SUCCESSORS, A COPRORATION SOLE

By: __________________________________ Its: _____________________________ Date: ___________________________

EL SHADDAI MINISTRIES AND HIS SUCCESSORS, A CORPORATION SOLE By: __________________________________ Its: _____________________________ Date: ___________________________

SECOND CHANCE CHRISTIAN EVANGELISTIC MINISTRIES By: __________________________________ Its: _____________________________ Date: ___________________________

MICHAEL J. CAMBRA ______________________________________ Date: ___________________________

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