Free Motion to Compel - District Court of Colorado - Colorado

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

Document 208-2

Filed 05/16/2006

Page 1 of 4

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

Document 208-2

Filed 05/16/2006

Page 2 of 4

p4
~.

KILPATRICK STOCKTON LLP
Attorneys at Law

1001 West Fourth St. Winston-SaIemNC27lOl-2400 336 607 7300 f336 607 7500 www.KilpatrickStockton.com

February 13, 2006

Richard S. Gottlieb direct dial 336 607 7484 direct fax 336 734 2643 [email protected]

VIA E-MAIL and FIRST CLASS MAIL Michael R. McCurdy, Esq. Tamara A. Hoffbuhr, Esq. Fairfield and Woods, P.C. Wells Fargo Center, Suite 2400 1700 Lincoln Street Denver, Colorado 80203-4524 Re: J. E. H. Knutson v. Walker Group, Inc. Civil Action No. 03-C V-1973 (PSF-MJW)

Dear Mike and Tamara: We received Mr. Knutson's Response to Walker Group's Interrogatories and Requests for Production to Supplemental Proceedings. Upon review, several of Mr. Knutson's responses are inadequate. We request that they each be supplemented as discussed below. During his deposition, Mr. Knutson testified that he was employed by Transvidia Communications. In his answer to Interrogatory No. 2, however, Mr. Knutson does not list Transvidia as an employer. If Mr. Knutson is still employed by Transvidia, please provide the particulars of any contract of employment and the amount of salary, commissions, or other compensations that he receives. If he is no longer employed by Transvidia, please provide the last date of his employment with the business as well as the reasons for his departure. Likewise, Mr. Knutson testified about an ownership interest in an airplane during his deposition, but his responses to discovery do not include any information regarding an airplane. Please have Mr. Knutson supplement his answer to Interrogatory No. 8(c) to include information regarding the ownership he referred to during his deposition. Finally, Mr. Knutson testified at his deposition that he had borrowed money from his father. His discovery responses, however, do not include his father, individually, in any list of creditors. Please supplement Interrogatory Nos. 15 and 16 to provide the requested information with respect to any debts owed by Mr. Knutson to his father, individually.

ATLANTA AUGUSTA CHARLOTTE LONDON NEW YORK RALEIGH

STOCKHOLM

WASHINGTON WINSTON-SALEM

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

Document 208-2

Filed 05/16/2006

Page 3 of 4

Michael R. McCurdy, Esq. Tamara A. Hoffbuhr, Esq. February 13, 2006 Page 2

At various times you have indicated that the properties located at 7364 Cortez Lane, 810 Marine Street and 802 Marine Street were subject to mortgages. Interrogatory No. 10 specifically asked for all mortgages to be identified and copies of any such mortgages were requested in Request No. 5, but Mr. Knutson failed to identify mortgages or provide copies of them. We are, frankly, puzzled as to why this information was not provided and raises serious questions as to the thoroughness of these verified answers. Please provide copies of documents evidencing the mortgages. Likewise, Mr. Knutson failed to produce any documents evidencing his interest in High Country Equipment, Inc. or Long's Peak Equipment Company, Inc. as requested. He also did not provide a copy of his life insurance policy; copies of any contracts he is, or has been, a party to within the past five years; a copy of his 2004 tax return; copies of financial statements; or copies of appraisals which he previously indicated had been performed. Furthermore, Mr. Knutson refused to provide updated information on bank and investment accounts. As you are aware, Rule 69 provides Walker with the right to a judgment debtor's financial records for collection purposes. All of the information identified in this paragraph is within the scope of appropriate discovery. New information should have been provided and, to the extent that information was provided in the past, it must be updated. In response to Interrogatory No. 13, Mr. Knutson stated that he received $22,000 in full payment of an account receivable, but did not give the requested particulars. Please provide the name of the debtor and the particulars of the account, and any documents that evidence the account receivable. Likewise, Mr. Knutson claims in response to Interrogatory No. 11 that Walker Group owes him approximately $50,000, but provides no explanation of the alleged debt. We request that Mr. Knutson supplement his response to include the particulars of this alleged debt. Finally, we do not believe that Mr. Knutson can properly invoke the exemption provisions of C.R.S. § 13-54-102 or the attorney-client privilege to avoid responding to discovery requests. With respect to Walker Group's request for documents evidencing the tax planning or estate planning advice Mr. Knutson testified about at trial, we believe that Mr. Knutson's testimony waived any privilege. Furthermore, any exemption from execution for valuables and household goods provided by C.R.S. § 13-54-102 does not excuse Mr. Knutson's refusal to respond to the discovery requests. The statute does not provide that information regarding the identity and value of such items is non-discoverable. In addition, it limits any exemption to $1,000 for jewelry and other valuables and $3,000 for household goods. Therefore, Walker Group requests that Mr. Knutson provide full and complete responses to Interrogatory No. 8(f) and Request No. 17.

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

Document 208-2

Filed 05/16/2006

Page 4 of 4

Michael R. McCurdy, Esq. Tamara A. Hoffbuhr, Esq. February 13, 2006 Page 3

We ask that the above-described items be supplemented so that the supplemental answers and responses are received by us on or before February 21, 2006. Please be advised that we will have no choice but to seek assistance from the Court and to additionally seek attorneys fees in connection with such efforts if the items described above are not supplemented satisfactorily. Cordi yours,

Ri hard S. Gottlieb RSG:lsa cc: Mr. Mark C. Walker Mr. Douglas E. Leckie Joshua Maximon, Esq. Laura A. Greer, Esq.
02560-207219 9134994.1