Free Other Notice - District Court of Arizona - Arizona

IVAN K. MATHEW
ADMITTED IN ARIZONA & COLORADO

e-mail: [email protected]

July 6, 2006

The Honorable Roslyn O. Silver United States District Court 401 W. Washington Phoenix, AZ 85003 Re: Meritage v. Hancock, et al., Case # CV 04 0384 PHX ROS

Dear Judge Silver: Per Paragraph N of the Court's February 23, 2006 Scheduling Order, the parties jointly submit their SECOND NOTICE OF SETTLEMENT AND DISCOVERY PROGRESS. Settlement Progress The parties have engaged in settlement discussions, but to no avail. In addition, the parties are committed to engaging in settlement discussions and potentially ADR in the future after the close of discovery and/or the resolution of dispositive motions, but they do not believe that any Court intervention in the settlement process at this time will be productive. Discovery Progress The parties continue to work through discovery. Documents in the possession of Titus, Brueckner & Berry ("Titus documents") were produced. Discovery is ongoing, and the parties have identified document production issues. The parties believe that they can continue to resolve discovery disputes without Court intervention. If not, this will be brought to the Court's attention. The parties have filed a stipulation to continue discovery until September 29, 2006.

Case 2:04-cv-00384-ROS

Document 326

Filed 07/06/2006

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Honorable Roslyn O. Silver Meritage v. Hancock, et al. July 6, 2006 Page 2

Respectfully submitted this 6th day of July, 2006. MATHEW & MATHEW, P.C. By: s/Ivan K. Mathew Ivan K. Mathew, Attorneys for Defendants/Counterclaimants/ Third-Party Plaintiffs, Rick and Brenda Hancock, Rick Hancock Homes, L.L.C., and RLH Development, L.L.C.

SNELL & WILMER, L.L.P. By: s/Dan W. Goldfine Dan W. Goldfine Attorneys for Plaintiff/Counterdefendant Meritage Corporation and Third-Party Defendants Steve Hilton, John Landon and Larry Seay

FRISBEE & BOSTOCK, PLC By: s/Robert M. Frisbee Robert M. Frisbee Attorneys for Defendant/Counterclaimant, and Third-Party Plaintiff, Greg Hancock

Case 2:04-cv-00384-ROS

Document 326

Filed 07/06/2006

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