Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT

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Filed 05/14/2008 Page 1 of 3

Case 2:04-cv-00384-ROS

Document 558-3

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARZONA
Meritage Homes Corporation, et aI.,
Case No. CV-04-0384-PHX-ROS
Plaintiffs,
v.

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DECLARTION OF GRANT WOODS

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Greg Hancock, et aI.,

Defendants.

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advance of

Grant Woods states as follows:
1. Meritage hired me on July 10, 2006, more than year and three months in
the first of

three trial dates.

2. Meritage hired me specifically and solely as lead trial counseL.

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3. Meritage agreed to pay me a flat rate, already paying me a substantial fee.
4. I have spent hundreds of

hours to prepare for the two previous trial dates.

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5. The avowal made by Robert Frisbee in Defendant's Motion to Continue,

"upon information and belief," that I have been promised an appointment to the United
States Senate or a position or role in a McCain administration is false. It is not possible
that such an avowal was made in good faith since Mr. Frisbee would have no way to mow
such a thing if it were true and it is in fact not true.
6. The reality is that there wil be a change in administration in Washington,

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D.C., after the November elections. It is certainly possible that I could be part of this
Case 2:04-cv-00384-ROS Document 558-3 Filed 05/14/2008 Page 2 of 3

1 change in some way, but it also very possible that I wil not.
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Given that this trial has had to be delayed many times, my point to Mr.

3 Frisbee was that it would not be fair or prudent to move it again, without compellng

4 reasons, since it could possibly jeopardize my abilty to participate in the triaL.
5 I declare under penalty of perjury that the foregoing is true and correct.
6 Executed this 14th day of

May, 2008, in Phoenix, Arizona.

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8790427.1

"Arant Woods

~$

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Case 2:04-cv-00384-ROS

Document 558-3 2- Filed 05/14/2008

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