Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:03-cv-01973-PSF-MJW

Document 221-3

Filed 07/18/2006

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EXHIBIT B

EXHIBIT B

Case 1:03-cv-01973-PSF-MJW

Document 221-3

Filed 07/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-01973-PSF-MJW (Consolidated with 04-CV-02 ii2-PSF-MJW~ WALKER GROUP, INC., Plaintiff,
V.

FIRST LAYER COMMUNICATIONS, INC~ J.E.H. KNUTSON, and Defendants.

DEFENDANT KNUTSON'S SUPPLEMENTAL RESPONSE TO INTERROGATORIES AND REQUESTS FOR PRODUCTIONTO SUPPLEMENTAL PROCEEDINGS

Defendant, J.E.H. Knutson, individually and through his attorneys, Fairfield and Woods, P C , hereby supplements his previous responses to Walker Group Inc `s Interrogatories and Requests for Production to Supplemental. Proceedings as follows: INTERROGATORIES 8. Have you or your spouse, at any time since January 1, 2000, owned or had any interest in any ofthe following, and, if so, state the exact location, value and disposition of each f Other valuables, including but not limited to guns, diamonds, silver furs jewelry, stamp collections, coin collections, antiques, household furniture, appliances and sporting equipment, such as golf clubs, scuba equipment, etc RESPONSE Defendant objects to Interrogatory No 8(f) to the extent it seeks financial information concerning his spouse as such information is neither relevant nor reasonably likely to lead to the discovery of admissible evidence Without waivmg this objection, Defendant states I own nothing that is not exempt from attachment pursuant to CR S § 13-54-102 as shown by the attached spreadsheet, items owned by me individually are identified by "JK", and items ownedjointly by me and my wife are identified by "JT" 10 If any property identified in response to Interrogatories Nos 8 and 9 is mortgaged, pledged, encumbered or subject to any conditional bill of sale, give the full details

Case 1:03-cv-01973-PSF-MJW

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and status thereof. RESPONSE Defendant objects to Interrogatory No 10 to the extent it seeks financial information concerning his spouse as such information is neither relevant norreasonably likely to lead to the discovery of admissible evidence Without waiving this objection, Defendant states: (1) 7364 Cortez Lane, Boulder, CO 80303 This property is owned by Suzanne Knutson Revocable Trust and secures a line of credit from US Bank to Suzanne Knutson The line of credit has a limit of$400,000, and has a current balance of approximately $120,000 (2) 810 Marine, Boulder, CO 80302 This property is owned by Suzanne Knutson Revocable Trust and secures a loan from First MainStreet Bank to Suzanne Knutson in the original amount of $202,000, the current balance of the loan is approximately $198,000 Also, a copy of an Installment Note dated April 1, 1997 previously provided to Plaintiff states this property secures a loan from James V White to me in the original amount of $165,000, the current balance of this loan is approximately $104,000. (3) 802 Marine, Boulder CO 80302 This property is owned by Suzanne Knutson Revocable Trust and secures a loan from First MainStreet Bank to Suzanne Knutson in the original amount of $202,000, the current balance ofthe loan is approximately $198,000 Also, a copy of an Installment Note dated December 30, 1999 previously provided to Plaintiff states this property secures a loan from Harrold Company to me in the original amount of $150,000, the current balance ofthis loan is approximately $84,000. (4) Stock in CE DOCs Inc A copy of an Installment Note dated January 2, 2005 previously provided to Plaintiff states my stock in CE DOCs Inc secures a loan from Suzanne Knutson to me in the ongmal amount of $80,000, the current balance ofthis loan is approximately $68,000. REQUEST FOR PRODUCTION 4. Provide copies ofany accident, health or life insurance policies on which you are listed as an insured or additional insured, or for which you pay all or any portion ofthe premiums Such copies should indicate the name of the insurance company, the policy number, the amount and type ofbenefit(s), the name and address ofthe beneficiary, the date and particulars of any change of beneficiary, the particulars ofany assignment(s), and the dates and amounts of any loans. against the policy. RESPONSE A copy of the life insurance policy I have with American General Life (policy number YMEO2 10097) is attached 14 Provide copies offederal and state income tax returns, including schedules and/or worksheets, for you and your spouse for the past three years. 2

Case 1:03-cv-01973-PSF-MJW

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RESPONSE: Defendant objects to Interrogatory No. 14 to the extent it seeks financial information concerning his spouse as such information is neither relevant nor reasonably likely to lead to the discovery of admissible evidence Without waiving this objection, Defendant states redacted copies ofmy 2002 and 2003 tax returns, filed jointly with my spouse, were previously provided A redacted copy ofmy 2004 tax return, filed jointly with my spouse, is attached. 18 Provide all documents evidencing any bank or investment accounts, held in your own name orjointly since October 1, 2000, including but not limited to commercial, savings, checking, investment orbrokerage accounts Such documents should indicate where the accounts are maintained and the amount of balance for each. RESPONSE As of the date ofthese responses, I have held no accounts individually or jointly since October 1, 2000 other than the accounts at financial institutions I previously disclosed Plaintiff has recently subpoenaed documents relating to these accounts and I am cooperating with Plamtiff to obtain all documents relating to my individual and joint accounts Thus far, documents have been produced to Plaintiff from Robert W. Baird andCharles Schwab.

Dated this

9'~~1 ofJune 2006. day
AS TO OBJECTIONS FAIRFIELD AND WOODS,.P.C.

By

Michael~. eCurdy M Tamara A. .Hoffbuhr

4 ii~/~/I

ATTORNEYS FOR DEFENDANT

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Case 1:03-cv-01973-PSF-MJW

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VERIFICATION STATE OF COLORADO COUNTY OF DENVER

)
)ss

)

I swear under the penalties of perjury that the answers to the questions given above are. true and complete to the best of my knowledge and belief

J.E.H. Knutson' SUBSCRIBED and sworn to me this official seal.

____ day of June 2006

Witness my hand and

Notary Public My commission expires

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Case 1:03-cv-01973-PSF-MJW

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Filed 07/18/2006

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CERTIFICATE OF SERVICE I hereby certify that on this of June 2006, a true and correct copy ofthe foregoing was served by placing in the United States Mail postage prepaid, properly addressed as follows:
____

Joshua Maximon Stuart D. Mann 12202 Airport Way, Suite 170 Broomfield, CO 80021 Richard S. Gottlieb Kilpatrick Stockton LLP 1001 West Fourth Street Winston Salem, NC 27 101-2400 (A duly signed copy ofthis document is on file at the law firm ofFairfield and Woods,. P.C.)

`Susie Duran

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