Downloadable Case Files & Chronology

Downloadable Case Files

Case Complaint - May 18, 2006
AWSM Site Map Services Agreement - April 11, 2007
Clause Construction Award - June 22, 2007
Motion to Lift Stay - May 13, 2008
Order Lifting The Stay - June 25, 2008
Order Setting Aside Default - March 5, 2010
Order Approving Form and Method of Class Notice  Order Approving Form and Method of Class Notice - May 16, 2010
Notice of Class Action  Notice of Class Action - June 18, 2010
Notice of Class Action  Minute Entry - January 24, 2011

Chronology

June of 2014: Class Counsel is continuing with our efforts to locate principles and assets of the former entity AWSM in an attempt to enforce and collect on the Judgment obtained in this case. To date, Class Counsel has been unsuccessful in locating any responsible principles or assets, but will continue its efforts and update our website to reflect any changes.

September 9, 2013: Class Counsel is continuing efforts to locate other principles and assets in order to enforce and collect the judgment against AWSM.

January 30, 2013: Service of the subpoena was successful and the deposition of the AWSM principle was taken on January 16, 2013 at the offices of Van Cott & Talamante. Based on the information obtained from that deposition, Class Counsel is continuing efforts to locate other principles and assets in order to enforce and collect the judgment against AWSM.

November 20, 2012: This month, Class Counsel issued a subpoena seeking testimony and the production of documents from one of AWSM's principles in an effort to enforce the judgment. Service of the subpoena was attempted at the AWSM principle’s known business address and what Class Counsel believes to be his home address. So far, service of the subpoena has been unsuccessful. Class Counsel will continue our efforts to serve the subpoena and to locate other principles in order to enforce and collect on the judgment. Class Counsel will update our website and keep the Class Members informed of what transpires.

June 10, 2011: A Judgment was signed by the Court Commissioner and entered against AWSM for the total amount of $2,300,263.65 in damages, $241,256.71 in attorneys’ fees and costs, and $1,163,933.43 in interest. Class Counsel is currently in the process of trying to locate AWSM and other potential judgment debtors to begin the process of collecting on the judgment. The collection process can be very time-consuming and there is no guarantee that the defendant (AWSM) will or can pay the amounts owed. Currently, Class Counsel has not been able to contact AWSM or any of its representatives. AWSM is not represented by any legal counsel in the current proceedings. Class Counsel is continuing its efforts to locate AWSM and its principles in order to enforce and collect on the judgment, and will continue to update our website and keep the Class Members informed if and when we become successful in doing so.

May 16, 2011: A Status Conference was held with the Court. During that Status Conference, the Court directed Class Counsel to submit its Motion for Default Judgment to a Court Commissioner for further handling and ruling.

May 9, 2011: The Court postponed the Status Conference and rescheduled it for May 16, 2011.

April 25, 2011: Class Counsel filed its Motion for Default Judgment against AWSM with the supporting affidavits of damages collected from the individual Class Members.

March 24, 2011: A Status Conference was held with the Court. During that Status Conference, Class Counsel advised the Court that they are still in the process of collecting affidavits of damages from the individual class members that will be used to support a motion for default judgment against AWSM. The Court acknowledged Class Counsel’s efforts, and set April 25, 2011, as the deadline by which Class Counsel is to file the motion for default judgment. An additional Status Conference is scheduled for May 9, 2011, to discuss the default filing.

March 14, 2011: Class Counsel submitted an Application for Entry of Default against AWSM.

January 24, 2011: A Status Conference was held with the Court. During that Status Conference, Class Counsel advised the Court that they intend to seek a default judgment on behalf of the Class based on AWSM’s lack of participation in this matter. An additional Status Conference is scheduled for March 24, 2011. Class Counsel continues to collect signed Affidavits in preparation for filing the default judgment motion.

December 17, 2010 - January 3, 2011: Form affidavits were sent to each Class Member by e-mail and/or U.S. mail for completion and signature. This form had instructions to sign before a notary public and return to Class Counsel as soon as possible. Class Counsel is currently in the process of collecting these signed affidavits for use as evidence of the damages caused by AWSM to each Class Member.

July 31, 2010: Deadline for potential class members to return their signed “Opt-Out” form if they chose to be excluded from the AWSM Class Action and removed from our mailing lists.

June 18, 2010: A Notice of Class Action and "Opt-Out" form was sent to all known potential class members.

May 6, 2010: The Court grants Class Representative Stokes’ Request for Order Approving Form and Method of Class Notice.

March 5, 2010: Formal Order entered by the Court granting Plaintiff’s Motion: (1) to Set Aside Default Entered Against Defendant; (2) for Leave to Amend Compliant to Assert Class Action Claim; and (3) for Order Pursuant to Rule 23(C)(1) Determining that Action May be Maintained as Class Action.

February 19, 2010: Class Representative Stokes files Request for Order Approving Form and Method of Class Notice.

November 24, 2009: The Court notes AWSM’s failure to comply with the September 15th deadline to obtain counsel and enter an appearance. Accordingly, the Court grants Plaintiff’s Motion: (1) to Set Aside Default Entered Against Defendant; (2) for Leave to Amend Compliant to Assert Class Action Claim; and (3) for Order Pursuant to Rule 23(C)(1) Determining that Action May be Maintained as Class Action.

August 10, 2009: The Court notes AWSM’s continued failure to appear and defend the case and orders AWSM to obtain counsel no later than September 15, 2009.

June 10, 2009: Hearing on Plaintiff’s Motion: (1) to Set Aside Default Entered Against Defendant; (2) for Leave to Amend Compliant to Assert Class Action Claim; and (3) for Order Pursuant to Rule 23(C)(1) Determining that Action May be Maintained as Class Action. Court takes Motion under advisement.

May 14, 2009: Court sets oral argument for June 10, 2009 on Plaintiff’s Motion: (1) to Set Aside Default Entered Against Defendant; (2) for Leave to Amend Compliant to Assert Class Action Claim; and (3) for Order Pursuant to Rule 23(C)(1) Determining that Action May be Maintained as Class Action.

February 17, 2009: Stokes files a Motion: (1) to Set Aside Default Entered Against Defendant; (2) for Leave to Amend Compliant to Assert Class Action Claim; and (3) for Order Pursuant to Rule 23(C)(1) Determining that Action May be Maintained as Class Action. The Motion seeks the Court’s authority to pursue this matter as a class action on behalf of all those persons and entities who contracted with AWSM under terms identical or substantially similar to those set forth in the AWSM Site Map™ Services Agreement for an “AWSM Ad” or any “AWSM Site Map™ Licensing and Service Package,” and who did not receive the promised commissions from the generation of internet sales.

June 25, 2008: After AWSM fails to file any response to Stokes’ Motion to Lift Stay, the Superior Court grants the Motion and lifts the stay, allowing Stokes to pursue his causes of action against AWSM in Superior Court.

May 13, 2008: Frank Stokes files a Motion to Lift Stay in the Superior Court case, requesting that the court lift the stay that was entered in the case on September 12, 2006. The Motion to Lift Stay argues that AWSM has waived its right to force this matter to be arbitrated by engaging in conduct (failure to pay arbitration fees) that is contrary to the arbitration remedy.

February 25, 2008: The Superior Court signs an Order to continue the Superior Court case on the Inactive Calendar until June 2, 2008.
result in termination of the proceedings.

January 25, 2008: The AAA terminates the proceedings because of AWSM’s refusal to pay its share of the arbitration fees.

November 13, 2007: The AAA extends the deadline by which AWSM has to pay its outstanding balance until December 14, 2007, but notes that failure to pay by that date will result in termination of the proceedings.

October 4, 2007: The AAA suspends the case because of AWSM’s failure to pay its share of the arbitration fees, and sets November 3, 2007, as the new deadline for depositing its outstanding balance ($13,545).

September 17, 2007: AWSM fails to take any action to challenge the Clause Construction Award.

August 24, 2007: The AAA Arbitrator grants AWSM’s motion, extending the stay until September 17, 2007.

August 7, 2007: Stokes submits an Opposition to AWSM’s Motion to Extend Stay, requesting that the Arbitrator deny AWSM’s request to extend the stay and requesting that the case move forward to the next phase.

July 23, 2007: AWSM files a Motion to Extend Stay with the AAA so that it could “file an Application to Vacate the Arbitration Award.”

June 22, 2007: The AAA Arbitrator rules in favor of Frank Stokes on Clause Construction issue finding that “the arbitration clause in question permits the arbitration to proceed on behalf of a class.”

May 10, 2007: Supplemental briefs on the Clause Construction issue are filed with the AAA Arbitrator.

April 11, 2007: Hearing on Phase I (the “Clause Construction Phase”) is held in the arbitration proceeding to determine whether the arbitration clause in the contract between AWSM and Frank Stokes prohibits the bringing of a class arbitration.

November 6, 2006: Frank Stokes files his arbitration claim (No. 11 147 02374 06) with American Arbitration Association (“AAA”). The claim submitted as a potential “class arbitration” (i.e., class action) and proceeds under a four-phase procedure for class arbitrations.

September 12, 2006: Order issued by Superior Court granting AWSM’s Motion to Compel Arbitration and staying the case until the conclusion of the arbitration process.

August 16, 2006: AWSM files a Motion to Compel Arbitration.

May 18, 2006: Frank Stokes files his Complaint against AWSM in Maricopa County Superior Court alleging negligent misrepresentation, breach of contract, and other claims.