Free Motion to Amend/Correct - District Court of Connecticut - Connecticut

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@8/19/2Bg5ase3S?(l>3-cv?g0;2§§?FCH Document 142-3 Filed 08/25/2005 Page l 0I;
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTIC UT

SUSAN E. WOOD, CIVIL ACTION N0.
Plaimm; 3:03-CV-986 (JCH)
I - against -
SEMPRA ENERGY TRADING CORP., '
Defendant.

5 FFIDAXII OE Gig! EARTH
I, Gary Barth, beiig duly sworn, depose and say:
1. I am over‘11e age of eighteen years and understand the obligations of an
oath. This afddavit is based upon my personal knowledge and, where indicated, my infonnation
l and belief
2. I work in the Treasury Group of UPS in Atlanta, Georgia.
3. I am aequa inted with Susan Wood and was asked to testify on her behalf
in a trial involving Sempra Energy Trading.
4. I had a conversation with Ms. Wood following a transaction between my
company, UPS, and Sempra Energy Trading. I had reached out to her alter UPS realized that it
had overpaid Sempra in a deal, baaed on data supplied by Susan Wood, a marketer.
I 5. I have reviewed Ms. W0od’s trial testimony concerning that trade at
Transcript pages 144-l 5 l attached to this affidavit.
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@8/19/2B$ase3£%?03-cv?g0E0§§?FéH Document 142-3 Filed 08/25/2005 Page 2 of 2 .
6. I do not agree with Ms. Wood’s testimony regarding this matter. When
she and I spoke about the transaction, she told me that she had made a mistake in calculating the
price she quoted to UPS. She said that she was not familiar with this particular market, or with
basis trading.
_ 7. I have also read her deposition testimony where she states she was aware
ofthe pricing discrepancy before the deal closed aud actually sought approval to proceed
knowing that UPS was about to uvetpay. This testimony surprised me because when I contacted
her weeks after the deal closed, she sounded as if she knew nothing about it and said she would
try to help undo the deal or otherwise correct the situation.
8. I am prepared to testify via videoconference on Tuesday, August 30, 2005,
to the above facts.
, I declare under peralty of perjury that the foregoing is true and correct to the best
of my knowledge.
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