Free Statement - District Court of Arizona - Arizona

A UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF ARIZONA i
OC CONSTRUCTION PRODUCTS, LLC, ) No. CV03-1997 PHX ROS I
a Deiaware Timited TiabiTity )
company, )
:
PTaintiff, )
>
vs. I ) g
>
COHILL‘S BUILDING SPECIALTIES, )
INC., and MICHAEL COHILL, ) Q
> C
Defendants. ) g
) I
COHILL'S BUILDING SPECIALTIES, ) I
INC., an Arizona corporation, ) ,
) 1
. Counterclaimant, )
I )
6. vs. )
>
OC CONSTRUCTION PRODUCTS, LLC, )
a DeTaware Timited Tiability )
company, )
>
Counterdefendant. )

DEPOSITION OF PAT BOYLE
May 28, 2005
1:00 p.m.
Scottsdale, Arizona E
1_»_, Prepared by: S
T;~ ’‘·di··i t~#¥@g;;yy,»A »$~ <·i» CaroTyn T. SuTTivan, RPR
“‘R¤M¤h¤€S€¤¤“$ V‘‘‘i Arizona Certified Court
Reporter No. 50528
5333 North 7rH Strccr .
&nmBm0 Prepared for:
V _, Phoenix, Arizona 85014~284O Ru S S GT I K . Ryan
L *’ Attorney at Law
(602) 26645535 Pkonc
(602).266-9661 Fax (C0 py)
Case 2:03-cv—0i997-ROS Document 67 Filed 08/19/2005 Pagei of4 I

24 i
PAT BOYLE — 5/26/05 2
1 most of it. ,
2 MR. KLAIN: Russ, I'm handing Mr. Boyle I i
3 what's been marked as Exhibit J to the Dave Frasca E i
4 deposition. 1t's the binder with the Hare card in it. i
5 Q. BY MR. KLAIN: Sir, 1'm handing you what's been Q
6 marked Exhibit J to these depositions and ask you to take i
7 a moment and familiarize yourself with that binder. i
8 A. Okay. i I
9 Q. Are you familiar with a product called E
10 Bayferrox by QC? i
11 A. Yes. i
12 Q. Are you also familiar with a product called QC
13 ColorTech?
14 A. Yes.
15 Q. In connection with your work at Border, did you
16 have occasion to work with the Bayferrox by QC product?
17 A. Work with as in —— i
18 Q. Sell it.
19 A. Sell it? No, I've never been on the sales ——
20 we never sold it at Border until August of 2003. i
21 Q. Is there a contractual relationship to your I
22 knowledge between QC and Borders?
23 A. I don‘t understand. An exclusive?
24 Q. Not necessarily an exclusive. Is there an
25 agreement, a written contract between Border and QC?
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25 2
PAT BOYLE — 5/26/05 l
1 A. There's an agreement. I
2 Q. Do you know what the terms of that agreement i
3 are? I
4 A. I would -— the pricing, rebates, that type of p
5 thing, typical agreement that we try to have vendors ——
6 we try to do with vendors. g
7 Q. Is it a distributorship agreement? i
8 A. I would say that would be —— yeah, I would say
9 a distributorship agreement. i
10 Q. Do you know when that agreement was entered I
11 into? 2
12 A. Well, best of my knowledge, it would have been I
13 maybe July, August of 2003. .
14 Q. Were you involved in the negotiation of the i
15 terms of that agreement? E
16 A. No. I
17 Q. Do you know who was on behalf of Border?
18 A. Tom Leahy and Brian Saker.
19 Q. What's Mr. Leahy's position with Border?
20 A. He is the corporate operations manager. 1
21 Q. And you may have said this, but what's
22 Mr. Saker's position? i
23 A. He is the sales and marketing manager.
24 Q. I want you to turn your attention in this
25 binder —— 3
GLENNIE REPORTING SERVICES, L.L.C. l
Case 2:03-cv—01997-ROS Document 67 Filed 08/19/2005 Page 3 of 4 I

55 i
PAT BOYLE - 5/26/O5
I Have you spoken with any representatives of t
2 QC Construction Products in relation to today's Y
3 deposition?
4 A. No. `
5 MR. KLAIN: Russ, if you want to go —— I was {
6 just going to take five minutes and make sure if I've got 5
7 everything wrapped up. Do you want to ask any questions? i
8 MR. RYAN: I don't think I need to ask any
9 questions. 2
IO MR. KLAIN: Would you mind waiting on hold I
II for five minutes, Russ? j
I2 MR. RYAN: That's fine. 5
I3 (A recess was taken from 2:55 p.m. to
I4 2:59 p.m.) i
I5 MR. KLAIN: Russ. .
I6 MR. RYAN: Yes.
I7 MR. KLAIN: We're back on the record. I
IB have no further questions for the witness, and we will ——
I9 unless you have questions, Russ, I'm going to adjourn
2O this deposition. i
2I MR. RYAN: I don't have any questions. I
22 Thank you, Mr. Boyle, for attending. I
23 apologize that I wasn't there in person today.
24 THE WITNESS: No problem.
25 MR. KLAIN; Mr. Boyle, just to give you a
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