Free Affidavit - District Court of Colorado - Colorado

Case 1:03-cv-02669-MSK-PAC

Document 301

Filed 03/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 03-cv-2669-MSK-PAC LEPRINO FOODS COMPANY, Plaintiff, v. BIG-D CONSTRUCTION CORP.- CALIFORNIA, a Utah corporation; BIG-D CONSTRUCTION CORP., a Utah corporation; and Does 1-100, inclusive, Defendants/Counterclaimants.

BIG-D CONSTRUCTION CORP. ­ CALIFORNIA, a Utah corporation, BIG-D CONSTRUCTION CORP., a Utah corporation, and Does 1-100, inclusive, Third Party Plaintiffs, v. MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Defendant.

MARELICH MECHANICAL CO., INC. dba UNIVERSITY MARELICH MECHANICAL, a California corporation, Third Party Plaintiff/Counterclaimant, v. BIG-D CONSTRUCTION CORP. ­ CALIFORNIA, a Utah corporation, FEDERAL INSURANCE COMPANY, an Indiana corporation, FRICK COMPANY, and Roes 20 through 80, inclusive, Counterdefendant/Third Party Defendants.

Case 1:03-cv-02669-MSK-PAC

Document 301

Filed 03/27/2006

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AFFIDAVIT OF DANIEL J. NEVIS IN SUPPORT OF BIG-D'S OPPOSITION TO LEPRINO FOODS COMPANY'S MOTION TO STRIKE EVIDENCE PROFFERED IN RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION

I, DANIEL J. NEVIS, testify as follows: 1. I am an attorney at law licensed to practice before the United States District Court for the District of Colorado and am an associate with the law firm of Miller, Morton, Caillat & Nevis, LLP, one of the attorneys of record for Defendants BIG-D CONSTRUCTION CORP. and BIG-D CONSTRUCTION CORP.--CALIFORNIA (collectively, "BIG-D"). 2. I make this Affidavit in support of BIG-D'S Opposition to Plaintiff's Motion to Strike Evidence Proffered in Response to Plaintiff's Motion for Summary Adjudication. I have personal knowledge of all facts stated in this Affidavit and would competently testify under penalty of perjury thereto if called as a witness. 3. On February 3, 2006, I was present at the deposition of Alan Burrows, a former Project Manager for Leprino Foods Company. I saw the witness sworn in at the beginning of the deposition and I heard the testimony given and thus I am personally familiar with the testimony given on that date. Attached as Exhibit A is a true and correct copy of relevant parts of the transcript from Alan Burrows' deposition. I testify under penalty of perjury under the Federal laws and the laws of the States of Colorado and California that the foregoing is true and correct, except as to matters set forth on information and I belief, and as to those matters, I am informed and believe that they are true and correct.

Case 1:03-cv-02669-MSK-PAC

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Filed 03/27/2006

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Executed this 27th day of March 2006, at San Jose, California. S/ Daniel J. Nevis DANIEL J. NEVIS Miller, Morton, Caillat & Nevis, LLP 25 Metro Drive, 7th Floor San Jose, California 95110 Telephone: (408) 292-1765 FAX: (408) 436-8272 E-mail: [email protected] Attorneys for Defendant Big-D Construction Corp.- California and Big-D Construction Corp.

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Case 1:03-cv-02669-MSK-PAC

Document 301

Filed 03/27/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on March 27, 2006, I electronically filed the foregoing named document: AFFIDAVIT OF AFFIDAVIT OF DANIEL J. NEVIS IN SUPPORT OF BIG-D'S OPPOSITION TO PLAINTIFF LEPRINO FOOD COMPANY'S MOTION TO STRIKE EVIDENCE PROFFERED BY DEFENDANT BIG-D IN RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION -ANDCERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1A with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Michael Gerard Bohn [email protected] [email protected] Bret Matthew Heidemann [email protected] [email protected] Francis (Frank) J. Hughes [email protected] [email protected] Patrick Quinn Hustead [email protected] Peter J. Ippolito [email protected] Richard Carl Kaufman [email protected] [email protected] Patrick T. Markham [email protected] [email protected] John David Mereness [email protected] C. Michael Montgomery [email protected] [email protected] [email protected] Daniel James Nevis [email protected] [email protected] N. Kathleen Strickland [email protected] [email protected] Laurence R. Phillips [email protected] [email protected]

And, I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, hand-delivery, etc.) indicated by the nonparticipant's name: s/ Kathleen Marie Dolce Kathleen Marie Dolce

Case 1:03-cv-02669-MSK-PAC

Document 301

Filed 03/27/2006

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