Free Statement - District Court of Arizona - Arizona

EXHIBIT 1 1
Case 2:04-cv—00384—ROS Document 412-13 Filed 12/15/2006 Page:1 0f4

® I UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF ARIZONA
MERITAGE CORPORATION, a Maryland )
Corporation, )
)
Plaintiff, ) No. CV 04 0384 PHX R01
I
-vs— )
` I
GREG HANCOCK, an individual; RICK )
HANCOCK, an individual, )
)
Defendants. )
. I
@ ORAL AND VIDEOTAPED DEPOSITION OF LARRY W. SEAY
Aww? Phoenix, Arizona A
September 7, 2004
8:30 a.m.
REPoRTED BY:
Jacquelyn A. Allen, RPR
AZ Certified Court Reporter No. 50151
. , n n —
PREPARED FOR:
Richard G. Erickson, Esq. COURT REPORTERS
365 E. CORONADO ROAD, SUITE 150
` PHOENIX, ARIZONA 85004
_ (602) 266-6525
) mx (602) 266-4303
® 1.a00.aas-0¤¤o (3376)
www.drivernIx.ccm
2 Case 2:04-cv—00384—ROS Document 412-13 Filed 12/15/2006 Page 2 of 4

133
1 I Q. BY MR. MATHEW: Do you recognize that photograph,
L2 sir?
g3 A. Yes, I do.
E4 Q. How do you recognize it? It's Exhibit 9.
EQS A. It‘s a picture of the sign that Rick Hancock Homes
%é6 erected north of the Sundance -— in the Sundance community but
*7 north of I—17 over the past month or two. I don't know when it
E8 went up.
i}9 Q. Do you see a phone number there?
Z -;0 A. Yes.
H Q. And when you —— how close did you stand to the sign
B when you saw it?
» % A. I did not actually see the sign. I've only seen
,; i pictures of it.
5i % Q. So you don't have any personal knowledge of that, as
GIS % you mentioned earlier to me, in that recent affidavit you gave.
[fg; @ Am I correct? V
_ BE? % MR. ERICKSON: Form. ·
_ i QE? Q THE WITNESS: I think seeing a photograph of it is
S i%i. J; personal knowledge.
Wii ;§€ Aiql li Q. BY MR. MATHEW: Okay. From looking at this
iiggl % photograph, then, do you have personal knowledge that Rick
g Hancock disclaimed -— Rick Hancock Homes disclaimed any
é affiliation with Meritage Homes, the Hancock Communities? Do
é you have personal knowledge of that, sir?
Qf `.i`
i < A 1..2-O£%$$%%8%6l:‘?O*é22¤OC - ‘6°2’ 266‘6626
E . ument412-13 FnIed12/15/2006 Page3of4 »

134
1 A. Yeah, there's a small —— it's very hard to see on the
2 sign, but I think you can read that, it says, "Not Affiliated
3 with Meritage Homes/Hancock Communities."
4 Q. Did you call that number?
l 5 A. Yes.
g 6 Q. Did you call that number?
é 7 A. I did, m'hum.
Q 8 MR. MATHEW: I'm dialing 218-55 —— trying to, at
& 9 least.
?HO UNIDENTIFIED VOICE: Thank you for calling Rick
·%41 Hancock Homes. Please note that we are not affiliated with
§»i2 Meritage Homes or Hancock Communities. Our newest communities,
g Q3 Sierra and Highland, will be opening soon.
E i4 Q. BY MR. MATHEW: Now, sir, did you just hear a
Qs recorded message?
i6 A. yes, 1 ala.
j_ @7 Q. And do you have personal knowledge that if someone
§ E8 dials 218 —- (602) 218-5588 that the first thing they hear is
€@r @9 that Rick Hancock Homes is not affiliated with Meritage Homes
" égl in or Hancock Communities? h
;é$I @ MR. ERICKSON: Form, I
wg % ' THE WITNESS: Yes. l
§§ é MR. MATHEW: I'd like you to take a look at i
@$1 E Exhibit 10.
wi % (Marked for identification Deposition Exhibit
I CQ§él2E€?4-€®l@O@8X-ROS Document412-13 Fi|ed12/15/2OO(5502Ba@[email protected]§3§Q5

Case 2:04-cv-00384-ROS

Document 412-13

Filed 12/15/2006

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