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. Michael Alaniz, et al. Defendants. ) Cause No. CV 03-2390 PHX JAT ) ) ) MOTION TO DISMISS DEFENDANTS ) RENALD J. BIDWELL, RICHARD ) DERK, ORVILLE DALE FRAZIER, ) DWIGHT LANKFORD, JOHN AND ) ) CANDES RADA, RON RODRIGUEZ, ) AND MILDRED YONAN ) )

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

Plaintiff, Lawrence J. Warfield, as the court-appointed Receiver in SEC v. Dillie, et al., respectfully requests that this Court dismiss Defendants Renald J. Bidwell, Richard Derk, Orville Dale Frazier, Dwight Lankford, John and Candes Rada, Ron Rodriguez, and Mildred Yonan from the above-captioned matter. The Receiver has entered into settlement agreements with Defendants Renald J. Bidwell, Richard Derk, Orville Dale Frazier, John and Candes Rada. The terms of the settlement agreements between the Receiver and the above-named Defendants have been approved by the Receivership Court pursuant to Order No. Petition No. 110 (Docket No. 596 entered on January 25, 2007 in SEC v. Dillie, et al, Cause No. 2:01-CV-2493. This Court has also approved the terms of the settlement agreement between the Receiver and Dwight Lankford in open court on February 14, 2007. The Receiver
Case 2:03-cv-02390-JAT Document 601 Filed 04/13/2007 Page 1 of 3

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

requests that Defendant Dwight Lankford be dismissed from the above-captioned matter. Defendant Ron Rodriguez was served with the Receiver's complaint on February 9, 2005, after this Court's deadline for service of all Defendants of July 30, 2004 pursuant to Order signed on April 26, 2007 (Docket No. 112). Therefore, the Receiver requests that Defendant Ron Rodriguez be dismissed. Defendant Mildred Yonan is the spouse of Defendant Raymond Yonan and was included in the Receiver's Complaint solely to establish a claim upon the parties' marital community. Mr. and Mrs. Yonan filed for Chapter 7 bankruptcy protection. The Receiver requested that Defendant Raymond Yonan be dismissed from this matter. Through an oversight, the Receiver failed to request that Mildred Yonan be dismissed from the Complaint. The Court entered an order on January 13, 2005 dismissing Raymond Yonan (Docket No.331). Therefore, the Receiver requests that Defendant Mildred Yonan be dismissed from this matter. This Court entered a Default Judgment against Defendant George Satter on June 3, 2005 (Docket No. 331). WHEREFORE, Plaintiff requests that this Court dismiss Defendants Renald J. Bidwell, Richard Derk, Orville Dale Frazier, Dwight Lankford, John and Candes Rada, Ron Rodriguez, and Mildred Yonan. Respectfully submitted this 13th day of April, 2007. GUTTILLA & MURPHY, PC

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 Attorney for Receiver
Case 2:03-cv-02390-JAT Document 601

2 Filed 04/13/2007

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 13th 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 Burton M. Bentley ECF Registered [email protected] Attorney for Defendants Leonard and Elizabeth Bestgen, Robert Carroll, Rudy and Mary Crosswell, Charles Davis, Richard Derk, Orville Frazier, Ronald Kerher, Dwight Lankford, John and Candes Rada, Paul Richards, and Patrick and Andrea Wehrly Steve A. Bryant Steve Bryant & Associates 3618 Mt. Vernon Street, Suite A Houston, TX 77006 Attorneys for Dwight Lankford
0758-011(61690)

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

Case 2:03-cv-02390-JAT

Document 601

3 Filed 04/13/2007

Page 3 of 3