_ Judas-eees 15:EB From: T°’P*1xF'1*‘ PE/3
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· Fl-|DENlX, A¤IKClNA 50:14
NAM K. MATHEW i
ADNIITTED IN ARIZONA ll'. COLORADO E : I i-4:. qua;
I
e-malt [email protected] I mug) z5°'°B¤EE
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Via Facsimile
Robert M. Frisbee _
Frisbee & Bostock
56ll N. I6II’ Street, Suite 300
Phoenix, AZ 850l.o
Re: /ix./eriragc v. [-/mzeock, et rz!
Dear Bob:
I noticed that you recently tiled a renewed motion for summary judgment. I request
that you withdraw your motion tor the time being lor the Following reasons.
As you know, Meritage has requested a significant amount of discovery from the
delendants. As a result ot` the _iudge`s instructions, the amount ot` discovery which may be
recovered by requests is broad. However. there is a signilicant issue as to whether the
inlbrmation sought is relevant. For example, discovery requests could includc,Rick Hancock
Homes. lnc.’s Maricopa County Dust Control Application Permit. There are numerous
examples like this. When i discussed the overbreadth ol` the discovery requests with Rick
Erickson, Rick suggested he would review the documents and identity the ones that he
wanted to have copied. l would then have an opportunity to object based upon. relevancy,
privilege or SOIUC other basis. II` we could not £ig1'€€. then we would seek guidance from the
judge. The purpose ot` the review was to eliminate documents which may be covered by the
discovery requests. but notgermane to the claims, nor desired by the cletendant.
I Rick has been reviewing the documents on and ol`l" over the past month and a halt`.
The system seems to be working pretty well. ·
On or about June 7tl1. Rick was supposed to come and look at the final set of
documents. l·Ic canceled on that day. Last week he contacted me and asked to resume the
review. l` informed him that he could come over and look at the documents whenever he
wanted to. Rick will complete his initial review either this week or next. depending on his
schedule. ,
Case 2:04—ev—00384—ROS Document 199-2 Filed 08/12/2005 Page 2 of 3 -
Jul.-as-eaae 15:2a nam: T¤°'°HX"F‘X '°·3’3
Robert Frisbee
Mer//age v. /[cmcoc/<, Rl ul. _
July 5. 2005
.l’a.ge 2 .
Judge Silver indicated she would like some more discovery to take place before ruling
on the motions for summary judgment. Although a significant amount ofdiseovery has been
turned over, 1 do not think that giving Meritage some time to look some more at the
: documents would prejudice your client in any manner. fl would appreciate it vcry much it`
U you would withdraw your motion tor stnnmary judgment and allow us to complete the
discovery process that Rick and I agreed to previously.
Ii` you have any questions or comments regarding this matter, please do not hesitate to
Contact me.
Sincerely, V
/ ‘ A/.·
i ,·:§-~·’/ rf? 1
_ Tlvan K. Matlicw
1KM:cd
cc: Rick Erickson _
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