Case 2:04-cv-00424-ROS
Document 482-3
Filed 08/21/2008
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513012008 Gilmore, Jack
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
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Barbara Allen, Richard Dippold, Melvin Jones, Donald McCarty, Richard Scates and Walter G. West, individually and on behalf of all others' similarly situated, Plaintiffs,
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No. CV04-0424 PHX ROS
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VS .
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Honeywell Retirement Earnings Plan, Honeywell Secured Benefit Plan, Plan Administrator of Honeywell Retirement Earnings Plan, and Administrator of Honeywell Secured Benefit Plan, Defendants.
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VIDEOTAPED DEPOSITION OF JACK RAY GILMORE
Phoenix, Arizona May 30, 2008
( Copy )
Prepared by: Meri Coash, RMR, CRR Certified Reporter Certification No. 50327
Case 2:04-cv-00424-ROS
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513012008 Gilmore, Jack
e-mail to Mr. Brininger from you, Jack Gilmore, right? A. Yes. And this e-mail is dated October 13, 1999? Yes. And the subject of this e-mail, again, is Re:
Q.
A.
Q.
Your case?
A.
Yes. And this e-mail also contains that September 14,
Q.
1999, e-mail? A.
Q.
Yes. And these e-mails between you and Mr. Brininger
discuss his impression on what was known at AlliedSignal in 1984, right? A.
Q.
That's correct. And these e-mails between you and Mr. Brininger
discuss his view that there was a concern about the statute of limitations, correct? A.
Q.
Correct. And these e-mails between you and Mr. Brininger
contain your communication to him that he told you that the time had expired, correct? A.
Q.
That's correct. Were there any other e-mails between you and
Mr. Brininger about - - about this case? A. I don't think so.
Case 2:04-cv-00424-ROS
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Case 2:04-cv-00424-ROS
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,
...
blair@erisalitigati, 11:29 AM 9/29/99
To:
, Re:
Your case
,..
Dear Mr. Brininger Thank you for reviewing our material we sent you and also thank you for the phone call. I know we have a case, but we have to find someone who beleaves in us and find ways around the ERISA laws. I h o w their has to be some loop holes in the law that will benifit us. The reason why I'm writing you back is, would you please send back our material. You can return it C.O.D. Thanks for your time. Jack Gilmore At 06:02 PM 9/14/99 -0500, you wrote: >>>>
Thank yw fr wding me copies d ywr documents. 1 have r m h e d them and Link you may have a cua.khwer, I am mnssmad that backin 19W o d limibtions. at mwt, m u l d be 6 ycan for breach aflidudaryduty. I do bslievo them b a a= hem. La m a l l knew that Allied was doing &is. The p u on September 15.1999 iu discuss. Please email me backwith a g w d time b call.
Blair Brininger ~~Ilwww~saliiation.~hUp Jhw.sm;lInigationM
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blair@erisalitigati, 01:15 PM 10/7/99
To:
, return
material
Dear Mr. Brininger, I sent you some material to review to see if we had a case, you review it, and we spoke over the phone. You told us that our time has expired. I thank you for your time and trouble. I've been waiting for you to return that material.-Please Mr Brininger would you be so kind as to return our material for we do not want that material to fall in the wrong hands, we would like it back for we might proceed in other directions. You may return it collect if you so desire. Please, time is of the essence. Thank you, my address is; Jack Gilmore 19201 N. 17th Drive Phoenix, AZ 85027
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Case 2:04-cv-00424-ROS
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blaireerisalitigati, 05:55 PM 10/12/99, Re: Your case
To:
~ h i r d e py', ~ l
Dear Mr Brininger, Sir, I'm replying now for the third time, asking for you to return our material we sent for you to review. Please have the courtesy of acknowledging my e-mail and give us the respect by returning our information. You see sir we do not want this material to fall in the wrong hands. As an attorney, you must reply and return material that was sent to you for review, for that material doesn't belong to you. For the time is of great importance to us. thank
you. Please return by U.S. Mail, C.O.D. if you so desire, but please have the decency to be honest. Return our material, Thank You My return address is: Jack Gilmore 19201 N 17th Drive . Phoenix, AZ. 85027
At 06:02 PM 9/14/99 -0500, you wrote:
>>>>
Thank pu for sending me copies of ywr documents. I have r n v k w l tham and think you may b v o a case. H w a w r , I am conamd that back in 1384 awrpna hw that Allid was doing this. The statute d l i m l h . at most, would ba 6 ycvr for breach d Maciary duly. Ido tabeliavs them h a case hue. M me al l yw on Sepbmber 15,1999tadisc-. Pla;lrs d me backwith a good time b all.
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blaireerisalitigati, 02:48 PM 10/13/99, RE : Your case
To:
.
Dear Sir, We have the originals and we did send you copies, but you do not have the right to those copies or have the right to make copies from our copies. Our intentions was to let you read the material and determine if we had a case, your reply was, NO, the statue of lamination ran out on us,there fore we expected you to return our material. If you do keep a copy for your records, you must keep it confidential and it can not be used in anyway, shape or form, against us if we find someone else that might pursue this matter in our behalf. Thank you, jack gilmore
At 08:14 PM 10/12/99 -0500, you wrote: >>>>
&fore p u sent this informahon Ms. auzman told you not to send originals. She Informed you that sending originals could get lost by mail. She told you the risk
was too great You assured her p u would send copies only. However you chose toignore our advise and mailed originals. I am rehlming the material along
*cnthan lnvolce for copyng (in case the or~g~nals lost In the mail coming back to you) plus cerhfied mail patage. Kindly pay the invoice when you get rt. get ---Original M s s r P g b
From: jgilmore [ m a i h j g i l m ~ n s t ] Sent: Tumday. October 12,1999 7 3 W T : [email protected] o Subject Re: Your case
Third Reply, Dear M r Brininger, Sir, I'm replying now for the third time, asking for you to return our material we sent for you to review. Please have the courtesy of acknowledging my e-mail and give us the respect by returning our information. You see sir we do not want this material to fall in the wrong hands. As an attorney, you must reply and return material that was sent to you for review, for that material doesn't belong to you. For the time is of great importance to us. thank you. . . . if you so desire, but please have the decency to be Please return by U.S. Mail, C O D honest. Return our material, Thank You My return address is: Jack Gilmore 19201 N. 17th Drive Phoenix, AZ. 85027
fit 0 6 : 0 2 PM 9/14/99 -0500, you wrote:
a
>>>>
Thank you for sending me copies of your documents. I have reviewed them and think you mav have a case. However. I am concerned that back in 1984 everyone h e w that Allied was doing this. The statute of limitations, at most, would be 6-years for breach of fiduciary duty. I do believe there is a case here. Let me call you on September 15, 1999 to discuss. Please email me back with a good time to call.
I believe time is of the essence. Blair Brininger
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Case 2:04-cv-00424-ROS
Document 482-3
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