Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT 13
Case 2:03—cv—01415—ROS Document 148-14 Filed 12/14/2005 Page1 013

I •·•·— 1 JOSEPH C. Do1.AN, Eso. (007376)
2 2 1650 North lst Avenue
Phoenix, Arizona 85003
3 (602) 266-7667 Fax (602) 277-9839
4 Attorney for Plaintiff
5
IN THE UNTTED STATES DISTRICT COURT
6
IN AND FOR DISTRICT OF ARIZONA
7
3 JERRY SIMMS, a single man, CV-03-1415-PHX-ROS
9 Plaintiff,
PLA1NTIFF’S SUPPLEMENTAL
1() vs DISCLOSURE STATEMENT
1] STATE FARM FIRE AND CASUALTY
COMPANY, an Illinois corporation; ABC
12 CORPORATIONS I-X; JOHN DOES 1-X,
13 Defendants.
J" 14
7 15 Plaintiff hereby supplements his previous disclosure statements as follows:
16 I. THE NAME AND, IF KNOWN, THE ADDRESS AND TELEPHONE NUMBER OF
EACH INDIVIDUAL LIKELY TO HAVE DISCOVERABLE INFORMATION THAT
17 THE DISCLOSING PARTY MAY USE TO SUPPORT ITS CLAIMS OR DEFENSES,
UNLESS SOLELY FOR IMPEACHZMENT, IDENTIFYING THE SUBJECTS OF THE
18 INFORMATION.
19 A. Jonathan Higgins, c/o Rimlcus Engineering, 7600 North 15"` Street, Suite 220,
20 Phoenix, Arizona 85020 (602-216-2200). Mr. Higgins will testify consistent with the attached
21 report.
22 B. Darrell Obert, c/o Century 21 Realty, previously disclosed, will testify consistent with
23 his attached report.
24 C. Marc Beckerman, previously disclosed, will testify consistent with the attached report.
25 D. Rob Burttram, previously disclosed, and / or Ron McDonald, c/o Horizon Stucco,
f` 26 previously disclosed. Either of these gentlemen will be asked to testify concerning the cost of repair
i . 27 of the guesthouse. Either or both of these gentlemen will testify that the guesthouse should have been
C e 2:03—cv—01415—ROS Document 148-14 Filed 12/14/2005 Page 2 of 3

( .
Heritage Realty
4811 E. Sunrise Drive, Ste. 143
Tucson, Arizona 85718-4567
omee (820) 881-8110
Toll Free (800) 234-6022
Joseph Dolan -
1650 N. 1S' Ave.
Phoenix, AZ 85003
RE: Simms residence. 42 Biltmore Estates
Dolan,
I have reviewed photographs of the damage to portions of the Sirnms’ residence and have
briefly reviewed the plaintiffs disclosure statement dated February 4, 2005 of Mitchell
Payes, the environmental consultant, who detected and remedied mold in several places
in the Simms residence.
Based upon my knowledge of the disclosure requirements required of any home seller,
Mr. Simms will be required to disclose the fact the his home was once effected by mold.
f This is true even after the mold has been effectively remedied based upon my knowledge
of the real estate commissi0ner’s rules and regulations, R4—28-1 101. This requirement
will continue for future sellers of this property and. in my opinion, will continue to effect
the consideration paid for the property in the future.
I have been licensed to sell real estate in Arizona since November 1977, have owned a
real estate brokerage since June 1979, have been licensed as a designated broker since
January 1981, and have been affiliated with Century 21 since August of 1986. l teach 2
pre real estate license classes at Pima Community College and have done that since _
January 2001.
I have not published any articles and l have not testified in deposition or trial as a
retained e ert in the l st 10 years.

Darrell Obert, GRI
_ Broker
F .
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