Free Response to Motion - District Court of Arizona - Arizona

Dan W. Goldfine (#018788) _ :
Adam Lan§&(#022545) .
SNELL & ILMER r..1..i>. .
One Arizona Center
400 East Van Buren Street
Phoenix, AZ 85004-2202
Telephone: (602) 382-6000
Facsimile: (602) 382-6070
[email protected] ·
a ang@sw aw.corn I
Attomeys for Plaintiffs and Counterdefendants
and Third Party Defendants
‘ and
Grant Woods, Esq. (#006106)
GRANT WOODS, P.C. "
1726 North Seventh Street ‘ I
Phoenix, Arizona 85006
Telephone: (602) 258-2599
Facsimile: (602) 258-5070
[email protected]
Attomeys for Plaintiffs and Counterdefendants
and Third Party Defendants
IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF ARIZONA I
Meritage Homes Corporation, a Maryland ’ I
Corporation, formerly d/b/a Meritage Case No. CV-04-0384-PHX-ROS I
Corporation, Hancock-MTH Builders, 1
Inc., an Arizona corporation, Hancock- DECLARATION _OF STEVEN J. HILTON I
MTH Communities, Inc., an Arizona ` IN SUPPORT OF MERITAGE’S
corporation, and currently d/b/a Meritage RESPONSES 'I`O DEFENDANTS’ I
Homes Construction, Inc., an Arizona MOTIONS FOR SUMMARY JUDGMENT
corporation, and Meritage Homes of I
Arizona, Inc., an Arizona corporation,
Plaintiffs, I
v. - I
· Ricky Lee Hancock and Brenda
Hancock, husband and wife; Gregory S. I
Hancock and Linda Hancock, husband
and wife, Rick Hancock Homes L.L.C., I
an Arizona limited liabilgy company; I
RLH Development, L.L. ., an Arizona
limited liability company; and J2}-I2, - · .
L.L.C., an Arizona limited liability. I
1504731.I I
II Case 2:04-cv-00384-ROS Document 435-15 Filed 02/23/2007 Page 40 of 42 I
Case 2:04—cv—00384-ROS Document 515-9 Filed 08/20/2007 Page 1 of 3

1 company,
2 Defendants.
3 Rick and Brenda Hancock,
4 Defendants, Counter-Claimants,
and Third Party Plaintiffs, _
5 v. I
6 Meritage Homes Corporation, a
Maryland Corporation, formerly dfb/a
7 Mcrrtage Corporation, Hancock-MTH
Builders, Inc., an Arizona Corporation,
8 Hancock-MTH Communities, Inc., an
Arizona Corporation, an Arizona
9 Corporation; and currently d/b/a Meritage
Homes Construction, Inc., an Arizona
10 Corporation, and Meritage Homes of
Arizona, Inc., an Arizona Corporation;
I 1 Steven J. Hilton and Suzanne Hilton,
husband and wife; John R. Landon and
; 12 Debi Landon, husband and wife; Scott
5 i is Keeffe and Vicky Keeffe, husband and
E , 13 wife; Roger Zetah and Jane Doe Zetah,
g: l ggég husband and wife; and James Arrreson
? E 14 and Zane Arneson, husband and wife,
Lf ( 15 Third Party Defendants.
Q)
52 16 Steven J. Hilton states as follows:
.
l»7 1. I am at least 18 years of age, and I make this declaration in support of
_ IS Meritage’s Responses to Defendants’ Motions for Summary Judgment.
l 19 2. I am the Chief Executive Officer of Meritage Homes Corporation and was
20 the co—Chief Executive Officer in 2001. During the 2001 and 2002 time period, Greg
21 Hancock had a duty to report opportunities to acquire land to me as well as the other co-
22 Chief Executive Officer. I
23 3. Greg Hancock did not inform me about the opportunities to tie up control of
24 the Riata West or Westwincl lands that he and David Cornwall had in 2001.
25 4. During 2001, 2002 and for a substantial period oftime afterwards, I was not
26 aware of any opportunity Meritage had to take ownership in either of the Riata West or
27 Westwind properties in 2001.
28
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Case 2:04-cv-00384-ROS Document 435-15 Filed 02/23/2007 Page 41 of 42
Case 2:04—cv—00384-ROS Document 515-9 Filed 08/20/2007 Page 2 of 3

‘ _i
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2 5. Had Greg Hancock informed me about the Riata West or Westwind
» 3 opportunities in 2001, I would have directed Greg Hancock to obtain ownership in these
4 opportunities on behalf ofMe1·itage.
I
5 Pursuant to the Rules of Civil Procedure, I declare under the penalty of perjury and
6 under penalty of possible sanctions, that the foregoing is true and correct. Executed on I `
7 Februarygé, 2007. .
8 .
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ll V O f Meritage Homes Corporation -
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Case 2:04-cv-00384-ROS

Document 515-9

Filed 08/20/2007

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Case 2:04-cv-00384-ROS

Document 515-9

Filed 08/20/2007

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Case 2:04-cv-00384-ROS

Document 515-9

Filed 08/20/2007

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