Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT A
Case 2:02-cv-02639-SRB Document 150-2 Filed 10/10/2005 Page1 of 4

Erie IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
NICHOLAS ALOZIE, a single man, )
>
Plaintiff, )
· )
vs. )No. CIV'O2 2639
) PHX SRB
THE MILLS CORPORATION, a foreign )
corporation; MILLS SERVICES CORP., )
a foreign corporation; and ARIZONA )
MILLS, L.L.C., a foreign )
corporation, )
)
Defendants. )

$~· `
‘ DEPOSITION OF NICHOLAS ALOZIE
Phoenix, Arizona
March 08, 2005
9 : O O a . m .
REPORTED BY:
Rachelle K. Young, RPR
Certified Court Reporter GRIFFI A
Certificate No. 50701
SSOCIATES
PREPARED FOR Z court reporters
SHELTON L. FREEMAN, ESQ.
Q: ge 3030 North Central Avenue
’ , Suite 1102
. ,, ` ( COPY) Phoenix, Arizona 85012
T602264223O
aeaszeeeeo r
F6022642245 r
www.griffinreporters.c0m
Case 2:02-cv-02639-SRB Document 150-2 Filed 10/10/2005 Page 2 of 4

NICHOLAS ALOZIE — 03/07/05 226
1 warehouse with cracks and things in them because the
2 warehouse they were located in were right close to
3 Arizona Mills. It was not a climate controlled
4 warehouse and I located those merchandise in there on
5 that initial promise by Mr. Jones that I was heading to
6 314 immediately.
7 Permanent lease or no permanent lease, I
8 was going to be allowed to go in there to operate until
9 the attorneys recovered that space. That never
10 happened. And I sustained quite a bit of damage along
11 those lines.
12 Q. Okay.
i 13 A. Those were financial damages. Now, there are
’14 the emotional damages that I spoke to you about.
15 Q. Let me stop if I could, just so we can keep
16 this in kind of compartments.
17 A. Okay.
18 Q. Have you calculated the loss of profitability
19 that you've suffered that quantified that damage claim?
20 A. I have no way of doing that, other than having
21 a business expert look at the trajectory of my business
22 in terms of where it was in ‘99 when I came in and where
23 it was at the end of 2000 when it was shut down by the
24 mall.
i 25 Q. And have you requested that calculation be
www.oRzFF:NRmPoRwmRs.com
oxxrrxu a Ass0cxATzs — 602.264.2230
Case 2:02-cv—02639-SRB Document 150-2 Filed 10/10/2005 Page 3 of 4

NICHOLAS ALOZIE - 03/07/05 226
1 warehouse with cracks and things in them because the
2 warehouse they were located in were right close to
3 Arizona Mills. It was not a climate controlled .
4 warehouse and I located those merchandise in there on
5 that initial promise by Mr. Jones that I was heading to
6 314 immediately.
7 Permanent lease or no permanent lease, I
8 was going to be allowed to go in there to operate until
9 the attorneys recovered that space. That never
10 happened. And I sustained quite a bit of damage along
11 those lines.
12 Q. Okay.
I 13 A. Those were financial damages. Now, there are
‘14 the emotional damages that I spoke to you about.
15 Q. Let me stop if I could, just so we can keep
16 this in kind of compartments.
17 A. Okay.
18 Q. Have you calculated the loss of profitability
19 that you've suffered that quantified that damage claim?
20 A. I have no way of doing that, other than having
21 a business expert look at the trajectory of my business
22 in terms of where it was in ‘99 when I came in and where
23 it was at the end of 2000 when it was shut down by the
24 mall.
Z 25 Q. And have you requested that calculation be
www.cRrFF1NaEP0RmERs.coM
Gxxrrxu a ASSOCIATES - 602.264.2230
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