Free Motion to Dismiss Party - District Court of Arizona - Arizona

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

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

Ryan W. Anderson (Ariz. No. 020974)
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. ) ) ) ) ) ) ) ) ) ) )

9
4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

Cause No. CV 03-2390 PHX JAT MOTION TO DISMISS DEFENDANT ROBERT TRETIAK

10 11 12 13 14 15 16 17 18 19 20 21 22 23
Case 2:03-cv-02390-JAT Document 603

Michael Alaniz, et al. Defendants.

The Receiver, Lawrence J. Warfield, by and through his counsel undersigned hereby requests that this Court dismiss Defendant Robert Tretiak from the abovecaptioned matter. On June 23, 2004, the Receiver requested that a default judgment be entered against Defendant Robert Tretiak (Docket No. 161) and on June 29, 2004, this Court entered a default judgment in the amount of $37,000.00 (Docket No. 163) against Defendant Tretiak. On July 2, 2004, Defendant Tretiak filed a Motion to Set Aside the Default Judgment (Docket No. 168). The Receiver filed a response and a cross-motion for service of process costs (Docket No. 173). On October 8, 2004, this Court granted Defendant Tretiak's motion to set aside the default judgment and entered an order for
Filed 04/17/2007 Page 1 of 3

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

service of process costs payable to the Receiver in the amount of $1,935.92 (Docket No. 197). Defendant Tretiak filed a motion to reconsider the award of service costs (Docket No. 226) which was denied by this Court on May 10, 2005 (Docket No. 319). On July 1, 2005, Defendant Tretiak filed for Chapter 13 bankruptcy protection in the United States Bankruptcy Court for the District of Nevada in Cause No. BK-S-0516415-LBR. The Receiver filed a Motion for Relief from Stay in the Nevada Bankruptcy Court on September 21, 2005. On October 27, 2005, the Bankruptcy Court denied the Receiver's Motion for Relief from Stay. On October 24, 2006, Defendant Tretiak's Chapter 13 Bankruptcy Plan was confirmed by the United States Bankruptcy Court for the District of Nevada. Wherefore, the Receiver requests that this Court dismiss Defendant Robert Tretriak from the above entitled matter. Respectfully submitted this 17th day of April, 2007. GUTTILLA MURPHY ANDERSON, P.C.

9
4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

10 11 12 13 14 15 16 17 18 19 20 21 22 23

_s/Ryan W. Anderson__________ Ryan W. Anderson Attorneys for the Receiver

Case 2:03-cv-02390-JAT

Document 603

2 Filed 04/17/2007

Page 2 of 3

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

PROOF OF SERVICE This is to certify that on this 17th day of April, 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/Ryan W. Anderson Ryan W. Anderson

9
4150 West Northern Ave. Phoenix, Arizona 85051 (623) 937-2795

10 11 12 13 14 15 16 17 18 19 20 21 22 23

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(61863)

Case 2:03-cv-02390-JAT

Document 603

3 Filed 04/17/2007

Page 3 of 3