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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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
Page 4 of 5
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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