Free Other Notice - District Court of Arizona - Arizona

EXHIBIT A The present factual basis, in light of discovery, of the following averments in the Second Amended Complaint: --paragraph 40 (re alleged insolvency of Visitalk); --paragraphs 41-55 (re Founders'Warrants); --paragraphs 60-61 (re failure to disclose true financial condition of Visitalk); --paragraphs 62-68 (re Portal billing software); --paragraphs 69-71 (re Oracle accounting software); --paragraphs 72-81 (re Cardwell settlement); --paragraphs 82-83 (re Debt Offering); --paragraphs 84-96 (re Thimmesch expenses); --paragraphs 97-99 (re O'Donnell sales of Founders' Warrants); --paragraphs 100-101 (re damages); --paragraph 301 (re alleged breach of duty by Snell & Wilmer) The identity, status and standing of the Plaintiff in the Second Amended Complaint (compare, e.g., the caption (Plaintiff is Biltmore Associates) with paragraphs. 1 and 4 (Plaintiff is Visitalk)). The structure of the Visitalk bankruptcy as set forth in the Second Joint Plan of Reorganization.

U:\ATTORNEYS\CSP\Current Cases and OG\SNELL v. Visitalk 13801-1\Discovery\30b6 Notice - Ex A.doc

Case 2:02-cv-02405-HRH

Document 304-2

Filed 05/17/2006

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