Free Motion in Limine - District Court of Colorado - Colorado

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

Document 174-2

Filed 10/27/2005

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EXHIBIT A

EXHIBIT A

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

Document 174-2

Filed 10/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-F--1973(MJW)

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J.E.H. 4

KNUTSON, Plaintiff,

5
V.

6 THE WALKER GROUP, 7 Defendant. 8 9 10 11 12 13 14 15 16 FOR THE DEFENDANT: 17 18 19 and 20 21 22 23 ALSO PRESENT: 24 · 25 MARK WILSON (via telephone) JOSHUA MAXIMON, ESQ. The Maximon Law Firm, 12202 Airport Way Suite 170 Broomfield, Colorado LLC RICHARD S. GOTTLIEB, ESQ. (via telephone) Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, N.C. 27101 DEPOSITION OF J. EUGENE HAROLD KNUTSON March 25, 2004 APPEARANCES FOR THE PLAINTIFF: INC.,

COLIN A. WALKER, ESQ. Fairfield and Woods, P.C. Wells Fargo Center Suite 2400 1700 Lincoln Street Denver, Colorado 80203

80021

Bruno Reporting Company

303 831-1667

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Document 174-2
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Filed 10/27/2005

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Reporter, will you mark as Exhibit 30 the document in folder 30, please. (Deposition Exhibit Number 30 was marked for identification) ThE REPORTER: Okay. Q. (By Mr. Gottlieb) Mr. Knutson, this is an e-mail from you dated December 8th to Mark Walker? A. Yes, responding to his e-mail. Q. Right. And in the first well, in the second paragraph that starts, "I'll address your points," that was Mr. Walker's e-mail, you write in response to Mark's statements about your ability to secure the guaranty, you say, "Not true, I refused to guarantee anything until all signed the mutual indemnification agreement"? A. True, because I could not sign. Q. When was the mutual indemnification agreement signed? A. Just prior to the Telect agreement. Q. And Mark said, "Each of the multiple times we put in money was at your request," and you say this was a lie? A. Absolutely. I never requested anything. Q. You acknowledged that First Layer got
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A. Several times. Q. And if they had called the guaranty prior to well, if they had called the guaranty, would that have forced the company out of business? A. Yes. Q. So Walker's effort was willingness not to call the guaranty and kept First Layer going? A. That would be true. Q. You say, "You told me thirteen times that you were not the type to call guarantees, now proven lies." A. Yes. Q. Can you go back to Exhibit Number 2, Interrogatory Answer Number 3, please? MR. MPiXIMON: Sorry, we're just trying to find it, Richard. A. Yes. Q. (By Mr. Gottlieb) In answer to Interrogatory Number 3, 1 through 7, what are the 13 times? A. Various times over the period. Q. Okay. But you've only described 1 through 7 in the Interrogatories Answers. A. Correct. Q. Were there other times?
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the money? A. I acknowledged First Layer got the money. Q. And then you say, "I asked to be released and you refused." A. Right. Q. Did Mark Walker or anybody on behalf of Walker Group say thatyou would be released from your guaranty? A. Yes. Well, I'll rephrase that. They said they would not call the guaranty. Q. Okay. So you weren't relieved from it? A. Correct. Q. And did you understand that you weren't relIeved from it? A. Correct. Q. That they were refraining from calling it? A. That they would not call it. Q. Well, thatthey had, at least to that point, refrained from calling it? A. Well, at that point in time, it was not the subject of a default Q. But before the default, did Walker communicate to you about not calling the guaranty?

A. There were many other times. Q. Okay. Are you going to supplement your Answers to tell me those times? A. It would be times that I either didn't note or were lost when the computer went Q. But you only know of seven times now? A. I yes. MR. GOTTUEB: Mr. Court reporter, will you mark as Exhibit 31 is that what we're up to now? the document in folder 31, please. (Deposition Exhibit Number 31 was marked for identification) ThE REPORTER: Okay. Q. We've marked as Exhibit 31 a December 13 e-mail from Mr. Knutson to Mark Walker; is that correct? A. Yes. Q. The second paragraph begins, "From your memo there seems to be a disconnect concerning assets versus resources." A. Correct. Q. `While I cited I had more resources at my disposal, this does not translate into assets as you have mistakenly conduded." A. Correct
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