Free Affidavit - District Court of Colorado - Colorado

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

Document 218

Filed 02/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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.

AFFIDAVIT OF G. RICH GILLESPIE IN SUPPORT OF LEPRINO FOODS COMPANY'S REPLY IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION

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

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Filed 02/21/2006

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I, G. Rich Gillespie, testify as follows: 1. I am an attorney at law licensed to practice before the courts of the State of California

and am an associate with the law firm of Jacobson Markham, L.L.P., one of the attorneys of record for plaintiff Leprino Foods Company (hereinafter "Leprino"). This office is associated with Campbell Bohn Killin Brittan & Ray, LLC, in representing Leprino in this matter and has joined in filing the accompanying reply in support of Leprino's motion for summary adjudication. 2. I make this Declaration in support of Plaintiff's Reply in Support of 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 attended the deposition of Alan Burrows, former employee of

Leprino. I personally observed the witness sworn in at the beginning of the deposition and 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 excerpts of the deposition transcript of Alan Burrows. I testify under penalty of perjury that the foregoing is true and correct, except as to matters set forth in information and belief, and as to such matters I am informed and believed that they are true and correct. Executed this 21ST day of February, 2006, at Sacramento, California. s/ G. Rich Gillespie G. RICH GILLESPIE

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

Document 218

Filed 02/21/2006

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CERTIFICATE OF SERVICE I hereby certify that on the 21st day of February 2006, I electronically filed the foregoing AFFIDAVIT OF G. RICH GILLESPIE IN SUPPORT OF LEPRINO FOODS COMPANY'S REPLY IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Francis (Frank) J. Hughes at [email protected] Patrick Quinn Hustead at [email protected] Peter J. Ippolito at [email protected] Richard Carl Kaufman at [email protected] John David Mereness at [email protected] C. Michael Montgomery at [email protected] Daniel James Nevis at [email protected] Laurence R. Phillips at [email protected] N. Kathleen Strickland at [email protected] s/ Jill E. Lukins Jill E. Lukins, Paralegal

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