Frank A. Luca and Sherry L. Luca - Page 7

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          to have a new address for his former spouse, who (according to                
          Mr. Luca) had remarried and taken the last name of “London”.7                 
          While Mr. Luca did not provide such address on the phone                      
          message,8 petitioners’ counsel stated that he expected to have                
          such address within a week and that he would provide it to the                
          Court and respondent at that time.                                            
               In addition to information regarding potential addresses for             
          Ms. Luca, counsel for petitioners further represented to the                  
          Court that (1) Ms. Luca at one point had possession of the 16                 
          boxes of copied business records, (2) Mr. Luca had been informed              
          by his attorney in the divorce proceeding that Ms. Luca had                   
          destroyed such copies, and (3) the records pertaining to Mr.                  
          Luca’s business (originally seized by the Arizona Attorney                    
          General’s office) allegedly had been turned over to Federal                   
               At the conclusion of the hearing, the Court continued the                
          case and took respondent’s motion to dismiss under advisement.                
          The Court also ordered respondent to serve the motion to dismiss              
          on Ms. Luca using the Warm Springs address.  This attempted                   
          service by certified mail was returned to respondent as                       
          undeliverable with a notation of “Forwarding Order Expired”.                  

               7  Petitioners’ counsel was unsure of whether Ms. Luca’s new             
          last name was spelled “London” or “Londen”.                                   
               8  Petitioners’ counsel indicated that this failure was due              
          to the time constraints imposed by his answering machine.                     

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Last modified: May 25, 2011