Free Memorandum - District Court of Arizona - Arizona

Case 2:04-cv-00408-SIVIIVI Document 75-3 Filed O1/17/2006 Page10f2

9F05D24
Danielle Napier - July 18, 2005
Page 18 Page 20
1 2 whlch I'll hand to you. 1 A. What receipts?
2 (Exhibit No. 2 marked for identification.) 2 Q. Well, the item document, Napier 67?
3 The first two pages of Exhibit 2 are going to be a discovery 3 A. Yes -
4 response that came through Laura's office and then the rest 4 Q. The one that you're looking at?
5 of those documents are Bates labeled and those appear to be 5 A. Would that be part ofthe 12,0007
6 your receipts or invoices from the foundry. 6 Q. Correct.
7 A. There are some charges in here related to the small 7 A. Correct.
8 ones for shipping. 8 Q. Okay. Cause I thlnk subsequently, then, what
9 Q. Well, I'm just right now asking about the large 9 happens when they finish then they ask for another 6,000 upon
1 0 ones, yeah. 1 0 completion; is that how lt works?
1 1 A. Okay. 1 1 A. Correct.
12 Q. The seven large ones here. 1 2 Q. And then it appears on this document Napier, let's
13 A. There might- yeah, I don't see a receipt in here 1 3 call it 67, ls that your - is your handwriting down there in
1 4 for that, but I thought I had put something in here 1 4 the lower right-hand corner where it says that certain items
15 referencing that cost. 1 5 were paid by certain check numbers?
1 6 MS. ZEMAN: It is possible if there was something 1 6 A. Correct.
17 you think you'd disclose and it's not here, that I will check 17 Q. And so everytime you would, I guess the Gallery
1 8 my file as well because we had a paralegal that ended up 1 8 would write a check to Reflections Fine Art, you would make a
1 9 leaving in the midst of this and it's possible, but I will 1 9 notation like this on the Invoice?
2 O make sure on my end and I‘l1 check it and make sure that 2 0 A. Normally.
2 1 there's something that was missed that we get it produced. 2 1 Q. Let me ask you what Kim is, I guess is she one of
2 2 BY MR. LONN: 22 the owners ofthe foundry?
2 3 Q. Well, let me ask you this. If you turn to Exhibit I 23 A. Conect. _
2 4 No. 2, there should be a document Bates labeled, O067? 24 Q. And that appears to be her handwriting on this
2 5 A. Out of here? Out of this one? 2 5 invoice?
Page 19 Page 2 1
1 Q. Yes. It should be one of the first documents No. 1 A. Correct.
2 67. 2 Q. And on here it says: Danielle, let me know about
3 A. Oh, got you at the bottom? Okay. 3 the P.G.'s numbers, I guess. Do you know what that means?
4 Q. Yeah,·that's kind of how we do document control in 4 A. No. I don't know what P.G. is referring to.
5 these cases? 5 Q. Okay. Ifyou would go back to the first page of
6 A. Okay. 6 the Exhibit No. 1. Right here the one that has the seven
7 Q. Now, for instance, this shows a deposit, it appears 7 addition numbers of the life-size version. Well, just we'll
8 to be a bill from the foundry, Reflections fine Art to your 8 just for right now assume that all of these exhibits - all
9 gallery? 9 ofthe back up for the casting and freighting costs are in
1 0 A. Hmm. 1 0 here I think for the most part, except for items six and K
11 Q. And there's a $6,000 deposit charge it looks like 1 1 seven, they are. Item addition No. One that was 25,000, that
1 2 for Precious Cargo number one. 12 was a non gallery sale?
1 3 A. Okay. 13 A. Correct.
14 Q. Now, is that- I'm just trying to figure out how 14 Q. No. Two that was a gallery sale?
1 5 you did this. Is that half of the $12,000 casting cost? 1 5 A. Correct.
1 6 A. Correct. 1 6 Q. Number three, was that a gallery sale or not?
17 Q. For item number one? And when it says, deposit, 17 A. No.
1 8 that means - just tell me what that means in terms of how 1 8 Q. No. Okay. Number four non gallery sale?
19 Napier Sculpture Gallery deals with the foundry? 19 A. No.
2 0 A. Just like that. They want to -- they give us a bid 2 O Q. You mean, that' correct? It was —
2 1 for full price and before they begin the work we have to put 2 1 A. It was not through a gallery.
2 2 down usually half deposit and half upon completion. 2 2 Q. Okay. Number five was not through a gallery?
2 3 Q. Okay. So the receipts I was asking about actually 2 3 A. No. No, not through a gallery.
2 4 would this be one of them to support half of the $12,000 2 4 Q. Okay. Now Number six it says personal copy dash,
2 5 casting cost? 2 5 foundry. What does that mean?
6 (Pages 18 to 21)
Atkinson-Baker, Inc. 800-288-3376
Case 2 :04-cv-00408-SIVI I\/I Document 75-3 Filed 01/17/2006 Page 2 of 2

Case 2:04-cv-00408-SMM

Document 75-3

Filed 01/17/2006

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Case 2:04-cv-00408-SMM

Document 75-3

Filed 01/17/2006

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