Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

EXHIBIT"A"
Case 2:03-cv-01997-ROS Document 147-2 Filed 10/05/2006 Page 1 of 3

1 AFFIDAVIT OF WILLIAM G., KLAIN
2 STATE OF ARIZONA )
3 ) ss
4 County of Maricopa )
5 William G. Klain, being first duly sworn upon his oath, deposes and states as follows:
6 l I am one ofthe attorneys fer Defendant/Counterclaimant Cohills Building
7 Specialties, Inc and Defendant Timothy Michael Cohill (collectively “Cohills") in the action entitled
8 QC Constrztmtiicn Products, LLC v. C ohills Building Specialties, Inc, et al , United States District
9 Court fer the District of`Arizona, Case No. CV03-1997 PHX ROS (the "Action”). I have personal
S knowledge ofthe information set forth in this Affidavit and, if called to testify with respect thereto,
12 would testify as to those matters contained herein
13 2. During the morning ofOctober 3, 2006, I received a telephone call from Russell ,
I4 Ryan, counsel for Plaintiff QC Construction Products, LLC ("QC") in the Action During our
15 telephone conversation, Mr Ryan disclosed to me that QC had assigned all of its assets to non-party
Bomanite Corp ("Bomanite"), and that Bomanite had assumed all of`QC’s liabilities in or about
18 December 31, 2004. Mr Ryan further advised me that he first learned of this transaction in May of
19 2006. Mr. Ryan’s disclosure to me dining our telephone conversation on the morning of October 3,
20 2006 was the first time that any such transaction between QC and Bomanite had been disclosed to me
21 or- Cohills.
22 3. At approximately 4:00 p.m. on October 3, 2004, upon returning from a hearing in
an unrelated matter and a meeting with this Court’s courtroom clerk to present her with Cohills’ trial
25 exhibits, Treceived a facsimile from Mr. Ryan A true and correct copy of Mr. Rya.n’s facsimile to me
Case 2:03—cv—01997—ROS Document 147-2 Filed 10/05/2006 Page 2 of 3

1 is attached to Cohills’ Motion to loin Bomanite Corp. as a Counterdefendant Pursuant to Rule 25(c) as
2
Exhibit B Mr. Ryan’s facsimile consisted of correspondence to me and Kent Lang ofmy firm, and
3
various attachments thereto including, but not limited to, an Assignment Agreement effective June l,
4
5 2005 retroactive to January 1, 2005 (the "Assignment Agreernent") which apparently facilitated the
6 transaction described by Mr Ryan to me during our morning telephone conversation. My receipt of
17 Mr Ryan’s facsimile represented the first time the Assignment Agreement was disclosed to me or
8 comin.
9 &
DATED this 5 day of October, 2006
10
11
ham G. Klain
13
SUBSCRIBED AND SWORN IO before me this: >\\\day of October, 2006 by William G.
14 Klain
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1 8 My Commission expires: 1
:,¤-iw},. _ JEMQIFER ARRINGYON 1
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20 ‘Q,A,:,! raycomm. Fx¤r¤¤M¤22·¤¤°°
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23 I. :\Cohills\QC\draits\WGK Affidavit 100506 wpd
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