Opinion
Civil No. 2:01CV-975C
May 21, 2003
Robert J. Dale, Bradley L. Tilt, FABIAN CLENDENIN, A Professional Corporation, Salt Lake City, Utah, for Defendants, Counterclaimants, and Third-Party Plaintiffs, Richard O. Stapp and Cherie L. Stapp, Trustees of the Richard O. Stapp and Cherie L. Stapp Family Trust, Bank of Utah, Custodian of the James L. Kearns Roth IRA; and James L. Kearns.
Mark L. Poulsen, NELSON, SNUFFER, DAHLE POULSEN, P.C., for Old Republic.
STIPULATED DECLARATORY JUDGMENT AND ORDER
The Court, having reviewed the Stipulation on file herein between Defendants Richard O. Stapp and Cherie L. Stapp, Trustees of the Richard O. Stapp and Cherie L. Stapp Family Trust, Bank of Utah, Custodian of the James L. Kearns Roth IRA; and James L. Kearns (collectively, the " Stapp Group"), by and through their undersigned counsel of record, and Third-Party Defendant Old Republic Surety Company (" Old Republic"), by and through its undersigned legal counsel, and for good cause shown,
NOW, THEREFORE, IT IS ORDERED as follows:
1. Old Republic will not answer or defend the Stapp Group's "Answer to First Amended Complaint, Counterclaim, Crossclaim, and Amended Third-Party Complaint" that was served upon Old Republic, nor the Stapp Group's proposed " Amended Answer to First Amended Complaint, and Amended Counterclaim, Amended Crossclaim, and Third Amended Third-Party Complaint" that is attached as Exhibit "A" to the Stapp Group's pending "Motion for Leave to Amend Pleadings" (hereinafter collectively, the " Third-Party Complaint"), and Old Republic shall be bound by any finding by this Court regarding the alleged forgery of any document(s) notarized by Calleen Mason or Mitchell Schoppmann that is(are) the subject of the Stapp Group's Third-Party Complaint.
2. If any document(s) notarized by Calleen Mason, Mitchell Schoppmann, or either of them, is (are) found to be a forgery, or to contain anything other than an authentic, genuine, and authorized signature of the designated named signer. Old Republic shall be and is required to pay into Court for determination by the Court as to whom such funds are to be distributed the full amount of Old Republic's notary bond for Calleen Mason, if the document(s) at issue was (were) notarized by her, and the full amount of Old Republic's notary bond for Mitchell Schoppmann, if the document(s) at issue was (were) notarized by him.
3. Old Republic need not be served with any copies of any pleadings or other papers filed in the above-captioned action, other than notice of any determination by the Court regarding the alleged forgery of any document notarized by Calleen Mason or Mitchell Schoppmann that is the subject of the Third-Party Complaint.