Renaissance Enterprises Trust - Page 3




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          that pursuant to Rule 60, Mr. Wilde is not the proper party to              
          bring this action.                                                          
               On March 3, 2000, petitioners filed a joint response to                
          respondent’s motion (petitioners’ response).  In petitioners’               
          response, petitioners argue that Mr. Wilde is their trustee and             
          thus, the proper party to bring this action.  In support of their           
          contention, petitioners attached two documents both entitled                
          “Minute–-Stern & Stein L.L.C.” (the minutes).2  The minutes are             
          identical and provide, in relevant part:                                    
                    A special meeting of the members has been called                  
               for the purpose of amending the purpose and operation                  
               of the L.L.C.                                                          
                    *     *     *     *     *     *     *                             
                    It is hereby resolved that it is in the best                      
               interest of all parties concerned to replace the                       
               trustee on all trusts where the LLC is named.  To this                 
               end and in fulfilling the requirements for succession                  
               John P. Wilde and Jimmy Chisum have been selected as                   
               successors.                                                            
          Cliff Jennewin and Richard Scarborough signed the minutes on                
          behalf of Stern & Stein.  Mr. Wilde and Jimmy Chisum also signed            
          the minutes to signify that they accepted the appointment as                
          trustees.                                                                   
               In petitioners’ response, they further argue:                          
               the issue concerning Mr. Wilde’s capacity as Trustee                   
               falls within the exclusive jurisdiction of the superior                
               court here in the State of Arizona. * * * At this                      


               2  We believe that the entities referred to as “Stein &                
          Stein” and “Stern & Stein” are one in the same.                             





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