Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-01014-JBA Document 138-8 Filed 10/11/2005 Page 1 013
EXHIBIT G

Case 3:03-cv-01014-JBA Document 138-8 Filed 10/11/2005 Page 2 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
H. JONATHAN FRANK, and FRANK FAMILY
1996 TRUST (on behalf of themselves and
REFLEXITE CORPORATION) CIVIL ACTION NO.: 3:03cv1014
(IBA)(JGM)
Plaintiffs
ARTHUR LOVETERE, CECIL URSPRUNG,
LOUIS J. BACCEI, WORTH LOOMIS,
THEODORE PATLOVICH, STEPHEN J.
RAFFAY, WILLIAM P. ROWLAND, PETER EIO
(individually and in their capacity as members of
the Board of Directors of Reilexite Corporation)
and REFLEXITE CORPORATION
` Defendants
OCTOBER 7, 2005
AFFIDAVI If OF PHIL FERRARI
``iii I, Phil Ferrari, being duly sworn, hereby depose and say:
1. I am over 18 years of age and understand the obligations of an oath.
2. I am the Chief Financial Officer of Reflexite Corporation ("Ret1exite” or the
"Corporation").
3. I make this Affidavit based upon my personal knowledge and review ofthe
Corporatiorfs financial records.
4. The Corporation has incurred $232,717.78 in expenses and legal fees in
connection with the Demand made and derivative action brought by H. Jonathan Frank, and the
Frank Family 1996 Trust, which expenses and legal fees are broken down as follows:
H/tara-1286421-1

Case 3:03-cv-01 01 4-J BA Document 138-8 Filed 10/11/2005 Page 3 of 3
a. Counsel to the Special Litigation Committee (Cummings & Lockwood),
$63,361.75.
b. Corporation’s Counsel (Robinson & Cole LLP), $106,863.50}
c. Individual Defendantsl Arthur Lovetcre, Louis J. Baccei, Worth Loomis,
Theodore Patlovich, Stephen J. Raffay, and Peter Elo, Counsel (Cowdery, Ecker & Murphy,
L.L.C-L $25,73950.2
I d. William Rowla11d’s Counsel (Pullman & Comley, LLC),
$36,75303.3 I
I declare under penalty of perjury that the foregoing is true and accurate.
Phil errari
Subscribed and sworn to this
il- day of (’f)(_j¤{5§)]_ , 2005
before me
Co `ssioner of the Superior o
Notary Public
My commission expires: @(0 [ 3;, cl l g
1 The amount devoted to the defense of the Application for Preiudgment Remedy is $1 1,324.00.
2 The Corporation has incurred expenses and fees on behalf ofthe Individual Defendants, which are prorated to
reflect the time that their counsel devoted to defending the derivative claim.
3 The Corporation has incurred expenses and fees on behalf of William Rowland, which are prorated to reflect that
° his counsel devoted a third of their time to defending the derivative claim. ‘