Free Supplement - District Court of Arizona - Arizona

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RICHARD J. MCDANIEL, P.C. ATTORNEY AT LAW 11811 N. TATUM BLVD., SUITE 1051 PHOENIX, ARIZONA 85028 Telephone (602) 953-8721 FAX (602) 953-8731 Richard J. McDaniel #013329 Attorney for Defendants Woodcock IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No. CIV 04-78-FJM SHIMKO & PISCITELLI, Plaintiff, v. PAUL and BOBBI WOODCOCK, et. al. Defendants. DEFENDANT WOODCOCKS' SUPPLEMENTAL FACTS AND JOINDER IN ROSS DEFENDANTS' SUPPLEMENTAL STATEMENT OF FACTS

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Defendants Paul and Bobbi Woodcock join in Ross Defendants' Supplemental Statement of Facts in Support of Motion to Dismiss Claims and Motion for Summary Judgment. Defendants also submit the following supplemental facts in response to Shimko's assertions in his Response. 1. In trying to justify his perjury at trail and at his deposition, Shimko claims at page 17 of his Response that of the $603,826.80 his firm received from defendants, at least $272,500 was in checks that bounced. However, Shimko sent Defendants a letter on March 4, 2003 (which is Ex. 78 in Shimko's

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disclosure/trial exhibit list) in which Shimko states "as you know, you have sent me five checks, for which there were insufficient funds, totaling $112,500." This was almost one month after the date of the last CORF check issued to Shimko on 2/11/03 and negotiated on 2/13/03. (First and last page of 3/4/03 Shimko letter attached as Ex. A) 2. Shimko testified at trial: "We have been paid a total

amount of $135,572..." (Shimko testimony, Guenther trial transcript, p 91, attached as Ex. B) 3. Shimko testified at deposition: "I think we had $350,000 that remained unpaid, and we were paid 135,000." (Shimko deposition, p. 6, attached as Ex. C) 4. Plaintiffs' attorneys in the underlying breach of contract cases against the CORF defendants sought information in depositions about AZTEC Medical, a business in which Shimko was participating with some of his clients. (Paul Woodcock deposition of 2/25/03, p.

122; Joel Brill, M.D., deposition of 2/25/03, p. 21; excerpts of depositions attached as Ex. D) Dated this 25th day of May 2008. RICHARD J. MCDANIEL ATTORNEY AT LAW By /s/ Rich McDaniel Richard J. McDaniel 11811 N. Tatum, #1051 Phoenix, AZ 85028 Attorney for Defendants Woodcock
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Original electronically filed and copy sent electronically this 25th day of May 2008 to: David Welling Timothy Shimko & Associates 2010 Huntington Building 925 Euclid Avenue Cleveland, Ohio 44115 Roger Cohen JABURG & WILK 3200 N. Central, 20 th Floor Phoenix, AZ 85012-2440 Attorney for Ross Copy mailed to: David and Rhona Goldfarb 11437 N. 53 rd Place Scottsdale, AZ 85254 Pro Per /s/ Rich McDaniel

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