Free Motion in Limine - District Court of Colorado - Colorado

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

Document 169-3

Filed 10/18/2005

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EXHIBIT B

EXHIBIT B

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

Document 169-3

Filed 10/18/2005

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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. KNUTSON, 4 Plaintiff, 5 v.
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THE WALKER GROUP, 7

INC.,

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:

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

80021

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Bruno Reporting Company

303 831-1667

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

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A.

When the MSA was transferred to Walker,

he had indicated it had substantial monetary value.

Q.
A. Qwest contract.

Which MSA? The AT&T Wireless Services and the

Q.
with Mr.

And when did you have that conversation

Steele? A. October of 2002
--

I mean two

maybe November of 2002.

Q.
A.

And what did he say about it? Well, he was very excited about the

fact that the MSA had been transferred to Walker and that they anticipated a tremendous amount of value in that. Q. A. How did he say it was transferred? He said that somebody called up and

told him to change the name on the MSA from First Layer to Walker.

Q.
A Q. A.

Did he say who did that? He did not Did he say whether or not it was done? He said it was done. And is this an MSA that guarantees a

Q.

level of work or is it a certification7 A It is a guaranty of ability to do work

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Bruno Reporting Company

303 831-1667

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

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that you're talking about? A. The various contracts and MSA's, yes. What do you mean by "effectively

Q.

through foreclosure"? A. I believe you have written for Walker a

security agreement that related to all the contracts, business dealings, customer lists that First Layer had at the time.

Q.
A.

I'm sorry, what do you mean by that? Well, there was a security agreement MSA's and

that we turned over all of those contracts, security agreements to Walker.

Q.

Well,

you certainly turned over the
--

hard assets, correct, the tools A.

I'm talking about contracts,

certifica-

tions, all the things that were enumerated in the security agreement. Q. A. them. How were those transferred? From my understanding, Walker took

Q.
A.

They physically came in and took them? Well, they were pieces of paper.

Q.
A.

Were there any assignments? I
--

as I understand it

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and I was

contacted by AT&T Wireless to ask if it was okay to

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Bruno Reporting Company

303 831-1667

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

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transfer the MSA to Walker.

Q.
A. Q. A.

When was that? In September of 2002. Who did you talk to at AT&T Wireless? I don't have that in my notes. Any ideas who it would have been? No. Somebody in purchasing.

Q.
A. Q.

Do you know if, for example, the Qwest

agreement was transferable? A. It says it is transferable. And then you go on to say that you have

Q.

claims for fraud, fraudulent inducement, civil theft and breach of contract. A. Q. Right. And that your brother has advised you

that there might be criminal violations of Colorado's bait advertisement law? A. Q. That's
--

that was a surmise, yes.
--

Do you know if you have

that there's

a potential charge against Walker for violation of Colorado's bait advertisement statute? A. Q. A. I don't know. Are you talking about Walker there? Yes. Okay. Is your brother practicing law?
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Q.

Bruno Reporting Company

303

831-1667

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A. Q.

Yes. And First Layer would have been

obligated to that price for future work? A. Well, the price would have been for the

project as presented. Q. A. Okay. Then we would engineer and give an They used that against some

installation price.

internal baseline to determine who they would invite to the next round.

Q.
A.

Okay. Then they would do it again. And this is AT&T Wireless? Correct. Let me switch gears for one second and

Q.
A.

Q.

talk about Qwest. MR. GOTTLIEB: Mr. Court Reporter,

would you mark as Exhibit 35 the document in folder 35, please. (Deposition Exhibit Number 35 was marked for identification) THE REPORTER Q. Okay

Mr. Knutson, is this the Qwest

agreement that you believe or contend that Walker acquired?
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Bruno Reporting Company

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

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Filed 10/18/2005

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A.

Itoronelikeit. Okay. This one's not signed.

Q.
A.

No, this was the response back. Okay. From who?

Q.
A

First Layer Okay. Yes. Okay Will you flip to the number
--

Q.
A.

Was one eventually signed?

Q

it's 1064, the Knutson number. A. Okay, Okay. I'm there. And that's where customer, that

Q.

means Qwest, can terminate this agreement on seven days' prior written notice? A. Yes. And that means that Qwest has a right

Q.

at any time to cancel the agreement? A. Yes. Do you know if it was ever canceled? It was
--

Q.
A.

my knowledge says it was not.

Q
A. still active

What's your knowledge7 That Qwest
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that the agreement is

Q
A. Q.
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Okay Yes.

If you'd flip to Paragraph 16 5

"Either party may cancel this Agreement
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Bruno Reporting Company

303 831-1667