Free Statement - District Court of Arizona - Arizona

EXHIBIT 8
Case 2:04-cv—00384—ROS Document 412-10 Filed 12/15/2006 Page:1 014

1 A 1 .
I ``` 1 Dan W. Goldfine (#018788)
I Richard G. Erickson (#019066)
2 1 Emma Harty (#022490)
I SNELL & WILMER 1..L.1>.
3 I One Arizona Center
I 400 E. Van Buren
4 Phoenix, AZ 85004-2202
I Telephone: 602-3 82-62 1 6
5 I Attomeys for Plaintiff Meritage Corporation
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7 I
IN THE UNITED STATES DISTRICT COURT
3 1
I FOR THE DISTRICT OF ARIZONA
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10 I
E I Meritage Corporation, a Maryland
H g 11 1 Corporation, Case No. CV-04-03 84-PHX-ROS
¤> “§§ I
E I mj§° 12 I PlaintiftQ DECLARATION OF LARRY SEAY IN
V" &‘3§§§, I SUPPORT OF RENEWED RENEWED
E 13 _ v, APPLICATION FOR TEMPORARY
°° ' I RESTRAINING ORDER WITH
% "' g-§‘ 14 I Greg Hancock, and individual; Rick NOTICE AGAINST RICK HANCOCK
::1 Hancock, an individual,
VJ g 15 I
° . Defendants.
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17 I I, Larry Seay, declare as follows:
18 1. I am the Chief Financial Officer, Vice President-Finance, and Secretary of
19 I Meritage Corporation. I am offering this declaration in support of Meritage's Renewed
20 Application for Temporary Restraining Order with Notice Against Rick Hancock. I have
21 personal knowledge of the matters set forth in this Declaration, and if called upon to do
22 so, could and would testify competently thereto.
I
23 2. Meritage is in the business of real estate development and construction.
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I 3. Meritage's primary consumers are single family home buyers and many of
» 25 .
26 I Meritage's advertisements are directed towards these consumers.
I Case 2:04-ov—00384—ROS Document 412-10 Filed 12/15/2006 Page 2 of 4

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1 if 4. Meritage changed most of the names of its Hancock Communities homes to
2 I Meritage Homes in July 2004. I
3 5. However, Meritage has continued to sell homes under the Hancock
5 Communities series name.
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6 6. These homes are sold under the series names "Hancock Communities Series A
7 at Rancho Bella Vista" and "Hancock Communities Series at Sundance."
E 7. Meritage extensively advertised and conducted sales for the homes
10 operating under the Hancock Corrmiunities mark.
5 Eg 11 Y 8. Since July 1, 2004, Meritage has sold over 100 different homes under the
§, i gg 12 Hancock Communities series brand for over $16 million dollars in sales.
if n 9. The subdivision related paperwork for the Hancock Communities series of
3:; i 15 homes bears the Hancock Communities name. h
O 16 10. Defendant Rick Hancock, a former employee and profit sharing participant
17 in Hancock Homes, is in the process of purchasing a parcel of land in Buckeye, AZ.
ij 11. As part of his plans to develop this parcel, Rick Hancock erected a large
20 billboard near the land.
21 12. The billboard is located on Watson Road off the I-10 in Buckeye, AZ.
22 13. Rick Hancock's billboard in Buckeye is only a mile or two from Meritage's
ij Hancock Communities Series and is within the same master plan development.
25 14. The billboard contains information about two new Rick Hancock Homes
26 ) developments as well as a telephone number to call for more information.
i Case 2:04-cv—00384—ROS Document 41;-10 Filed 12/15/2006 Page 3 of 4 l

1 1 I
N 1 15. Upon calling the number listed on Rick Hancock's billboard, I was told that
2 Greg Hancock, a former employee and owner of Hancock Homes, and Ken Krouse, a
3
’ former employee and profit sharing participant in Hancock Homes, keep an office with
5 and at the Rick Hancock Homes location.
6 16. The Rick Hancock Homes billboard serves as an advertisement to single
7 family home buyers.
8 2
9 E 17. I leamed from Rick Hancock Homes business cards that Rick Hancock is
10 receiving e—mails at an address ending in hancockhomesaz.com.
E 11 ; 18. I also learned that Rick Hancock Homes appears to be registering to host a
qs; gu 5
¤,?, 1
5, i §§ 12 corresponding website at www.hancocld1omesaz.com and that Tony McCue registered
Eiéé 13 1
60 " Egig p that domain name.
e [ — 14 1
Q 15 19. Tony McCue is the son of Judy McCue, a former employee of Meritage.
16 20. Upon information and belief] Judy McCue is a current employee of Rick
17 Hancock Homes.
18 ;
I I declare under penalty of perjury under the laws ofthe United States that the
19 g
i foregoin is true and correct, and that I have executed this declaration in Phoenix, Arizona
20 I g
21 on this day of August, 2004. i/2 .
22 '
. L S
23 i 3ITy Gay
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i · 3 ·
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