Free Motion in Limine - District Court of Colorado - Colorado

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

Document 168-4

Filed 10/17/2005

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EXHIBIT C

EXHIBIT C

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

Document 168-4

Filed 10/17/2005

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Page 1

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

3 J.E.H. KNUTSON, 4 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
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INC.,

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 RICHARD S GOTTLIEB, ESQ (via telephone) Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, N.C. 27101

F

JOSHUA MAXIMON, ESQ. The Maximon Law Firm, 12202 Airport Way Suite 170 Broomfield, Colorado MARK WILSON (via telephone)

LLC

80021

4

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Bruno Reporting Company

303 831-1667

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

Document 168-4

Filed 10/17/2005

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October of 2000. Q. That's what I'm asking. Did you Walker

communicate or ask whether or not, you know,

was actually going to call this personal guaranty? A. Q. I don't recall. So you're not saying that prior to

signing the guaranty, that Walker told you they wouldn't call it? A. Q. it, correct2 A. Correct. So to make sure it was used for the Other than Mr. Leckie in September. Well, he didn't say they wouldn't call

Q.

purposes it was said to be used for? A. Correct. So to get back to your

original question, no one said no, they wouldn't be called before. MR. GOTTLIEB: Mr. Court Reporter,

would you pull the document in file 7 and mark it Exhibit 7, please? (Deposition Exhibit Number 7 was marked for identification) THE REPORTER: Q. Mr. Knutson, Okay. this is an e-mail that was

produced to us by your attorneys.
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Bruno Reporting Company

303 831-1667

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

Document 168-4

Filed 10/17/2005

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Page 103

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Also." guaranty7 A. A.

(The deponent complied) Uh-huh. What are you communicating there? That when we signed the guaranties, we

Q.
A.

were assured of so much work that we had valued First Layer's stock, which I believe is in the directors' meetings that you have copies of, in the neighborhood of $5,000,000, and that each of our shares would more

than compensate Walker for any guaranty amounts should we have to forfeit them.

Q.

Did Walker ever provide you with any

written estimates or guaranties of work that it would provide? A. At September, no.

Q.

At any time before signing the

No. In the loan documents, is there a

Q.

requirement of Walker to provide any level of work to First Layer? A. Q. No. The next sentence, starting with

"Also, Mark's repeated assurances of not Now,

calling the guarantees duped us into signing."

you testified just a moment ago that there weren't any

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Bruno Reporting Company

303 831-1667

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

Document 168-4

Filed 10/17/2005

Page 5 of 5
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statements about not calling the guaranty before signing, correct? A. Correct. MR. GOTTLIEB: we pull document Number
--

Mr. Court Reporter, can

the document from folder

Number 8 and mark it Exhibit 8, please? (Deposition Exhibit Number 8 was marked for identification) THE REPORTER: Q. Okay.

And, Mr. Knutson, this is a document at

the bottom that bears Bates stamp 74 that was produced by your attorneys to us. A. Yes. And it's a September, 2003 e-mail from Do you recognize it?

Q.

Mr. Sauter to you; is that correct? A. Correct. You're saying, "I burned a CD of all my

Q.

First Layer files"? A. Which I believe you have a copy. Do you still have that copy? I do not. You believe that I have a copy that was

Q.
A.

Q.

produced by your attorneys? A. Q. Yes. And then he goes on to say, "I also
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Bruno Reporting Company

303 831-1667