- 3 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011