Free Affidavit in Opposition to Motion - District Court of Arizona - Arizona

1 Russell K. Ryan
MOTSCHIEDLER, MICHAELIDES & WISHON, LLP
2 1690 West Shaw Avenue, Suite 200
3 Fresno, California 93711
Telephone (559) 439-4000
4 Facsimile (559) 439-5654
5 Admitted Pro Hac Vice
6 Attomeys for Plaintiff QC CONSTRUCTION
7 PRODUCTS, LLC, a Delaware Limited Liability Company
8 UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OE ARIZONA
l0
ll QC CONSTRUCTION PRODUCTS, Case No. CV ’03 1997 PHX ROS
12 LLC, a Delaware Limited Liability
Company, AFFIDAVIT OF RUSSELL K.
13 RYAN IN OPPOSITION TO
Plaintiff, MOTION TO JOIN BOMANITE
I4 CORPORATION AS A
15 v. COUNTERDEFENDANT
PURSUANT TO RULE 25(C)
I6 COHILL’S BUILDING
17 SPECIALTIES, INC. and MICHAEL
COHILL,
l 8
9 Defendants.
l
AND RELATED COUNTERCLAIMS.
20
21 I, Russell K. Ryan, declare:
22 1. l am an attorney licensed to practice law in all the courts of the State
of California and have been admitted pro hac vice in the above—referenced action. I am a
23
partner in the law lirm of Motschiedler, Michaelides & Wishon, LLP, counsel of record
24
for Plaintiff and Counterdefendant QC Construction Products, LLC in the above-entitled
2
5 action. I make the following declaration of my own personal knowledge, and if called
26 upon to testify, could and would competently testify thereto. 9-+
27 2. In the summer of 2006 while the Certified Public Accountant for
°tlii;l§E('§§>[%iR’ 28 Bomanite Corporation and QC Construction Products, LLC was preparing and finalizing
& WI ,
1G§12\é~ge;)stShawAvenue - 1 ..
iiiggiagiiiigiiggiilioo C SQ 2;()Z§-Cv-(51 QQ?-RZ SS | §,B|,m§g{tR1§QH K @gi|,@i3g}Q@ Page 1 Of 2
03767/0003//1e9664.Wi>D Motion to Join Bomanite Corporation

1 financial statements for the two entities for the year ending December 31, 2005, I was
2 contacted by the accountant and advised for the first time that QC had transferred its
3 assets and certain ofits liabilities to Bomanite as of December 31, 2004. Before this
4 telephone conversation with the accountant, Steve Ocheltree of Finch, Ocheltree and
5 Company located in Fresno, California, I was unaware that such a transfer had occurred.
6 Consequently, when I opposed Cohill’s motion for the posting of a bond or security in
7 this action in early 2005, I was completely unaware of that transfer.
8 3. It was only weeks after I became aware of this information did I
9 share it with counsel for Cohill’s in the context of settlement negotiations in this matter.
10 There was never any intent on my part to misrepresent to the parties or to the court the
nature of QC’s business.
11
1 declare under penalty of perjury under the laws of the United States of
12
America that the foregoing is true and correct. Executed this 10"“ day of October 2006 at
13
Fresno, California.
14
15 /s/ Russell K. Ryan
16 Russell K. Ryan
17 Original of the foregoing
18 electronically filed this l0"‘
day of October 2006 with:
19 United States District Court,
District of Arizona
20
Copy of the foregoing
2* served this 10m day Or
22 October 2006 via
Federal Express on:
23 William G. Klain, Esq.
LANG & BAKER, PLC
24 8767 Via De Commercio, Suite 102
Scottsdale, Arizona 85258
25 Attorneys for Defendants/
Counterclaimants
26 7
By:
27 C%stai fiercone
MOTSCHIEDLER,
MICHAELIDES
i‘6$’Pi"viZ'.?é`a.'L5i'ienU€ - 2 -
$é?i3€¤?5'2é%%`!i?$i·‘€¤¤ c se”"";2:O3-cvii—`O` "1`997-ROS *m@i”°~éiTémniaaii K. Euaniii ogiiiaiaaoa Page 2 of 2
03767/0003//169664.WPD Motion to Join Bomanite Corporation

Case 2:03-cv-01997-ROS

Document 152

Filed 10/10/2006

Page 1 of 2

Case 2:03-cv-01997-ROS

Document 152

Filed 10/10/2006

Page 2 of 2