Free Statement - District Court of Arizona - Arizona

EXHIBIT 14
Case2:04-cv-00384-ROS Document 412-16 Filed 12/15/2006 Page:1 0f4

1 v · A A
` l Dan W. Goldfine (#0187888
Richard G. Erickson §#0l9 66).
2 Adam Lang)6#O2254 )
SNELL & ILMER 1..1..i¤. ' .
3 One Arizona Center
_ 400 East Van Buren Street i ‘
4 Phoenix, AZ 85004-2202 A
Telephone: é602{ 382-6000
5 Facsimile: 602 382-6070
dgoldfine swlaw.com
6 rerickson swlaw.com
- alang@sw aw.com ,
· 7 Attomeys for Plaintiff and Counterdefendant
Meritage Corporation and Third Party Defendants .
. 8 Steve ilton and John Landon
9 IN THE UNITED STATES DISTRICT COURT
lg FOR THE DISTRICT OF ARIZONA
ll Meritage Homes Corporation, a Maryland
Corporation, formerly d/b/a Meritage Corporation, Case No. CV-04-0384-PHX—ROS
. 12 Hancock-MTH Buil ers, Inc., an Arizona
_ corporation, Hancock-MTH Communities, Inc., an DECLARATION OF SCOTT
rn i 13 Arizona corporation, and currently d/b/a Meritage KEEFFE IN SUPPORT OF
_§ l fg Homes Construction, Inc., an Arizona corporation, OPPOSITION TO RICK
§· 1 §§§§ I 4 and Meritage Homes of Arizona, Inc., an Arizona HANCOCK’S MOTION FOR
corporation, LEAVE TO FILE
QU T; 15 t COUNTERCLAIM, ADD CLAIMS
._ § *`§-gg Plaintiffs, » AGAINST EXISTING THIRD .
¤ l 16 PARTY DEFENDANTS, AND ADD
W cl V· THIRD PARTIES
17 Ricky Lee Hancock and Brenda Hancock,
husband and wife; Gregory S. Hancock and
lg Linda Hancock, husband and wife, Rick (Assigned to the
Hancock Homes L.L.C., an Arizona limited Honorablc Roslyn O_ Silver)
19 liability company; RLH Development, L.L.C.,
an Arizona limited liabilillr comipanyg and J`2H2,
20 L.L.C., an Arizona limite liabi ity company, ‘
21 Defendants.
. 22 Greg Hancock, an individual,
23 Defendant, Counter-Claimant, and Third
Party Plaintiff,
24
v.
25 Steven J. Hilton, an individual; John R. Landon,
26 an individual; Larry W. Seay, an individual; and
Snell & Wilmer, L.L.P., an Arizona professional ` _
27 corporation, '
28 Third Party Defendants .~ ·
Case 2:04-cv—00384—ROS Document 412-16 Filed 12/15/2006 Page 2 014

lf il I
1 Scott Keeffe states as follows: i i
2 1. I am at least 18 years of age, and I make this declaration in support of
_ 3 Opposition to Rick Hancock’s Motion for Leave to File Counterclaim, Add Claims.
4 Against Third-Party Defendants, and Add Third Parties.
5 2. I am an employee of Meritage Homes Corporation ("Meritage"). `
_ 6 3. Prior to December 4, 2003, I worked at Meritage as a sales representative.
7 Rick Hancock was my immediate supervisor. -
8 I ,4. On December 4, 2003, I was promoted to a new position at Meritage, Vice
9 President of Sales and Designated Broker. Rick Hancock held this position immediately U
U 10 prior to me, before his employment with Meritage was terminated. In this position, I
1 I worked as a real estate broker solely on behalf of Meritage. _
E 12 5. My first full day of work as Vice President of Sales and Designated Broker
. gl 13 was on Monday, December 8, 2003.
14 6. During November 2003, I knew that Rick and Brenda, Hancock were
gf 15 interested in purchasing a home - on Lot 10 — in the Madrid Subdivision. However, I also
E 16 knew that the purchase agreement that was submitted by them included a 10% employee
6 17 discount which was no longer the policy at Meritage. Therefore, I believed that their offer
18 was not valid.
19 7. OngMarch 10, 2004, Meritage sold Lot 10 at Madrid to a third-party. _ ,
20 8. On March 3, 2006, well over two years after the Hancocks submitted their
21 offer on Lot 10 at Madrid and aiier the Hancocks’ Motion was filed, I leamed, for the first
22 time, that I inadvertently signed the Hancocks‘ purchaseagreement.
23
24
25
26
27 .
28
Case 2:04-cv—00384—FlOS Document 412-16 Filed 12/15/2006 Page 3 of 4 _

{ I V ` U .
1 " 9. It was never my intention to sign that purchase agreement nor did I know I
' 2 even had it in my possession on December 8, 2003, when it was supposedly signed. I
3 could only guess that the I~lancocks’ purchase agreement was in astack of a few dozen
4 other items for me to sign, and I mistakenly signed it. ‘
'
6 Pursuant to the Rules of Civil Procedure, I declare under the penalty of perjury and
U 7 under penalty of possible sanctions, that the oing is true and correct. Executed on
8 Marchéi? 2006. ` "''- ,.2, ‘ . -
I 9 /1;;; P5 é
IO Scott Keeffe `
ll iscwsc - ·
E I2 l
E] 13 I I
tn .
6 17
l8
19
20 .
2I ` `
22 I . `
23 _
24 _
25 l _
26
27
28
I . - 3 .
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