Free Answering Brief in Opposition - District Court of Delaware - Delaware

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In re: )
) Chapter 11
INACOM CORP., gi g_l., )
) Case No. 00-2426 (PJW)
Debtors. )

)
INACOM CORP., on behalf of affiliated )
Debtors, ) Civil Action no. 04-582-GMS
) Adv. No. 02-3499
Plaintiif )
)
v. )
)
DELL COMPUTER CORPORATION, g gl,)
)
Defendants. )

STATE OF ARIZONA §
§
COUNTY OF MARICOPA §

Before me, the undersigned notary, on this day personally appeared John LaRocca,
who being duly swom on his oath deposed and stated as follows: I
l. "My mme is John LaRocca. I am over eighteen (18) years of age, of sound
mind, and am fully competent to make this aiiidavit. I have personal knowledge ofthe facts
stated herein, and all the statements contained herein are true and correct.
2. Asmore fullysetforthinmyexpertreport,Ihave over thirty years
professional experience in credit related positions. Among other positions, I was employed

Case 1:04—cv—00582-GI\/IS Document 73-5 Filed 08/29/2005 Page 3 of 4
with Hewlett-Packard Company (“HP") for over twenty·two years, twelve of which I was the
Global and Americas Credit Manager.
3. During the period ofthe t1·ansfers at issue in Inacom’s complaint against Dell,
Inc. (“Dell”), I was working for Gateway Computer Corporation (“Gateway") as a
consultant. I was a consultant for Gateway hom December 1999 through Jrme 30, 2000. In
this position, I assisted Gateway in developing their commercial credit policies and
procedures with respect to sales to computer re-sellers. Therefore, I have in-depth
knowledge and experience concerning the computer industry and its credit/payment practices
during the exact time period at issue in this lawsuit. Furthermore, the "ordinary business
terms" considered and applied in my expert report did not change from at least the beginning
of 1998 through 2000.
4. Additionally, while I did rely on infomation provided by Stephen H. Thomas,
in formulating my opinion, I did not rely solely on that information. A list of the information
I reviewed and considered in formulating my opinion is set forth in my expert report and was
detailed in my deposition. In general, I reviewed deposition testimony; Inacom’s discovery
responses; various charts and graphs reflecting the payment history; and invoice analysis for
Dell’s relationship with MicroAge, Jacom, and Lason. I also interviewed other former I-IP
credit managers. I applied my over thirty years of experience and knowledge to this
information in formulating my opinion
5. Based on my lmowledge, experience, education, and a review of the
information discussed above and set forth in my report, I determined that the payments at
issue in this case were made according to ordinary business terms in Dell and Inacom’s
*7

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There is nothing unusualor idiosyncratic inremitting payment for invoicesinthe
timeandmannerofthepaymentsatissnneinthiscase.
7. The analysis I employed and informationlrelied upon to arrive atthe opinion
setforthinmyreportisofakinddmtotherexpertsinmyieldwouldrecogxnizeasacceptable
iftheywerepresentedwiththefactsa1nd oftl1einstaneccase.
FURTHERAFFIANTSAYE'l'H NOT.
f in , /
< ,.,1,/ ,. L »
Jo . ° • 2
BEFOREME,the···e 'gnedauthority,onthisdaypersona11yappearedJohn
LaRocca,knowntometobetbepersonwhosemmeiss11bscribedwtheforegoing
insmmemmdheswommmethatallmauerssetforthdxeminuemwundconectand
within his own knowledge.
GIVENundermyhandandsea1ofotIieethis 2.9 dayofAugust2005.
NotaryPublic; §forthe ofArizgx1¢
BFW)FORD.l.LOYD.JH.
mrmvnnn-Anmm
mncomconwrv
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S•punt•r22.200‘l
2

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