Free Amended Document (NOT Motion/Complaint) - District Court of Arizona - Arizona

EXHIBIT H
Case 2:04-cv-00078-FJM Document 199-12 Filed 04/18/2008 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

SHIMKO & PISCITELLI,

et

al.,
) CIV 04-0078-PHX-FJM Phoenix, Arizona May 17, 2005 9:02 a.m.

Plaintiffs, vs. PAUL WOODOCK AND BOBBI WOODCOCK, et al., Defendants.

BEFORE: THE HONORABLE FREDERICK J. MARTONE,

JUDGE

REPORTER'STRANSCRIPT OFPROCEEDINGS TRIAL TO THE COURT

Official Court Reporter: Linda Schroeder-Willis, RDR, CRR Sandra Day O'Connor U.S. Courthouse, Suite 312 401 West Washington Street, Spc. 32 Phoenix, Arizona 85003-2151 (602) 322-7249 Proceedings Reported by Stenographic Court Reporter Transcript Prepared by Computer-Aided Transcription

^Op
Case 2:04-cv-00078-FJM Document 199-12 Filed 04/18/2008 Page 2 of 6

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1 2 3 4 5 6 7 SUMMARY OF COURT PROCEEDINGS

INDEX PAGE: 6 97 194 201 209

Opening Statements Plaintiffs' Defendants' Motion for Directed Verdict Closing Arguments Plaintiffs' Defendants' Plaintiffs'

INDEX OF WITNESSES 9 10 SHIMKO, Timothy Andrew 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT EXHIBIT NO.: 1 INDEX OF EXHIBITS DESCRIPTION: RECEIVED: 49 53 47 48 44 46 93 26 WITNESSES FOR THE DEFENDANTS: GOLDFARB, David WOODCOCK, Paul GUENTHER, Milton Direct 106 125 161 Cross 117 144 179 Redirect 10 53 92 WITNESSES FOR THE PLAINTIFFS: Direct Cross Redirect

160 193

Plaintiffs' Paid Invoices to CORP totaling $123,277 2 Plaintiffs' Unpaid Running Invoices to CORF totaling $359,668 8 Arit Arya vs. CORP, CV 2003-003239 9-36 Various Lawsuits' Face Sheets 37 Lorin S. Brandon General Release of All Claims 38-64 Various General Releases of All Claims 65 Personnel List 66A Redacted E-mail 11/16/01 from Hellman to Shimko

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EXHIBIT NO.: 67A 68

DESCRIPTION:

RECEIVED:

Redacted Fax 11/21/01 from Guenther to Shimko 29 Fax 11/21/01 Re Letter from Weisberg to Guenther 95 69A Redacted Fax E-mail 11/26/01 from Goldfarb to Shimko 30 70 Memo 11/27/01 from Shimko to Guenther 33 70A Redacted Memo 11/27/01 from Shimko to Guenther 32 71 Memo 12/4/01 from Shimko to Guenther 33 71A Redacted Memo 12/4/01 from Shimko to Guenther 33 72 Memo 12/11/01 from Shimko to Guenther 36 73 Memo 12/19/01 from Shimko to Guenther 38 74 Memo 12/27/01 from Shimko to Guenther 38 75 39 Memo 1/15/02 from Shimko to Guenther 77A Redacted E-mail 1/3/03 from Shimko to Pacheco 27 Letter 3/4/03 from Shimko to Guenther 78 40 Letter 3/6/03 from Shimko to Guenther 41 79 80 CLS/CMS Info Binder 182 Deposition of Mick Guenther in Century 2 81 Therapy v. Guenther 194 82 CMS "Communication" Memo Listing Mick Guenther 97 84-85 Photographs of CORF Files 48

UNITED STATES DISTRICT COURT

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tomorrow.

You'll

get your money, you know, Friday. Oh, it

didn't happen, but we got another deal, you know. And more importantly than that, there was these lawsuits that were happening. So we were trying to get out of the lawsuits but at the same time representing them under the canons of ethics, not leaving them up high and dry. Unfortunately it was just an immense amount of work that occurred from January of 2003 to April of 2003, because that's when the lawsuits came. Q. What happened, then, in April of 2003? A. Well, April of 2003, the last promise of payment that didn't happen, I said I'm sorry, fellows, you know, either you've got to guarantee this; I want some -- I guess what I wanted at that time was mortgages on their properties. You know, they were still telling me that they were going to pay me. And I said, well, if that's the case, then you won't have any trouble giving me a, you know, mortgage on each of your properties. They refused to do that and terminated me. Q. I'd like to introduce Plaintiffs' Exhibit 2. A. Plaintiffs' Exhibit 2 would be the statements from November 6, 2002, to the last date was April 30, 2003. And those contained all of the services we provided, and these were unpaid, and the total of the unpaid services as of April 30, 2003, was $359,668. Q I'd now like to move for the admission of Plaintiffs' UNITED STATES DISTRICT COURT

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Q. Who did the wire transfers, do you know? A. I do not know, although I would say that it was Mr. Ross, Richard Ross, who was the accountant, the CPA, and was the keeper of the funds. Each of them had their own specialty. He was the accountant, the bookkeeper. Goldfarb did a lot of the salesmanship. Q. Did you ever receive a check from Dr. Guenther related to this CORF litigation? A. I think I was paid by wire transfer. I don't remember receiving any checks for the services we provided. And I certainly don't remember receiving any personal check of Dr. Guenther's. Q. How much was your firm paid by CORP Management and CORF Licensing Services? A We did -- We did about $490,000 worth of work, and we were

paid $129,000 -- $135,572. That's what we were paid. q. That was the total amount you've been paid? A We have been paid a total amount of $135,572, and we are

still owed $359,668 plus interest at the rate of one and a half percent per month from April 30th of 2003. Q. It's your contention that that whole amount is owed by Dr. Guenther and his wife? A. It's my contention that they were partners, and they, as partners, they contracted for the services, and as partners they received the services equally, so I think he's jointly UNITED STATES DISTRICT COURT

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