Free Statement - District Court of Arizona - Arizona

1 Ed Hendricks. (Arizona Bar No. 002359)
MEYER HENDRICKS PLLC
2 3003 North Central Avenue, Suite 1200
Phoenix, Arizona 85012-2915
3 Telephone Number: (602) 604-2200
4 C. Frederick Reish (Arizona Bar No.: 002408)
Michael A. Vanic (California Bar No.: 073486) (pro hac vice)
5 REISH LUFTMAN REICHER & COHEN
11755 Wilshire Boulevard, 10th Floor
6 Los Angeles, CA 90025-1539
Telephone Number: (310) 478-5656
7
8 Attorneys for Defendants Charles M. Brewer,
Charles M. Brewer, Ltd. Profit Sharing Plan and Trust,
9 Charles M. Brewer, Ltd. Restated Pension Plan
10
11
UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
13
14
Stuart J. Reilly, CASE NO.: CIV 02 2218 PHX BTM
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Plaintiff, Honorable Barry T ea' Moskowitz
16
vs.
17 ,
Charles M. Brewer, Ltd., Profit Sharing Plan DEFENDANTS PARTIAL
18 and Trust, a retirement plan; Charles M. DAMAGE CALCULATIONS
Brewer, Ltd. Restated Pension Plan, a
19 retirement plan; Ross Gordon and Associates, Trial Date: April 18, 2006
Inc., a corporation; and Charles M. Brewer, Time: 10:30 a.m.
20 Ctrm: 601
21
22
23 At the Pretrial Conference in this Action on March 24, 2006, the Court ordered
24 Plaintiff Stuart Reilly ("Plaintiff’ or "Reilly") to file and serve his proposed damage
25 calculations with regard to the contentions set forth in paragraphs 1. b., i., ii, iii, iv, and v of
26 the Pretrial Order by April 7, 2006 and Defendants Charles M. Brewer, Charles M. Brewer,
27 Ltd. Profit Sharing Plan and Trust (the "PS Plan"), and Charles M. Brewer, Ltd. Restated
28 Pension Plan (the "Pension Plan") (collectively, the “Brewer Defendants") to serve their
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1 damage calculations in response by April 14, 2006. As Plaintiff failed to serve his damage
2 calculations by April 11, 2006, on that date, the Brewer Defendants filed and served their
3 Motion in Limine Re Plaintiffs Damage Calculations, requesting the Court to issue its
4 order excluding any evidence of Plaintiffs damage calculations at the Trial of this Action.
5 At approximately 11:00 a.m. on Wednesday, April l2, 2006 approximately five (5) days
6 late, counsel for the Brewer Defendants received an E-Mail from Plaintiff attaching
7 Plaintiffs damage calculations prepared by Plaintiffs expert, Thomas E. Shardlow.
8
9 That delay on Plaintiffs part has made it impossible for the Brewer Defendants and
10 their actuarial expert, Kurt F. Piper, to review and analyze Plaintiffs new damage
11 calculations and to prepare and serve a complete response by April 14, 2006 in compliance
12 with the Order issued by the Court at the Pretrial Conference. Among other things, in
13 addition to preparing for the trial of this Action, the Brewer Defendants’ actuarial expert is
14 heavily involved for multiple clients with work requisite their meeting the imminent tax
15 filing deadline.
16
17 In partial response to the Court’s Order, however, the Brewer Defendants file and
18 serve herewith the Report of Kurt F. Piper, dated February 9, 2006, with worksheets which
19 Report and worksheets address the issue of the impact on Mr. Piper’s calculation of
20 Plaintiffs benefit as of May 13, 2004, assuming that the distribution to Plaintiff of his
21 Pension Plan loans had occurred on November 30, 1995. (Said Report and attachment are
22 attached hereto and marked Exhibit “A." They are also identified in the Defendants’ Trial
23 Exhibits as Exhibit 202, pages 1 through 7, inclusive.)
24
25 The Brewer Defendants reserve the right to file more complete damage analyses and
26 respond to Mr. Shardlow’s calculations at or before the trial of this action, if the Court does
27 not grant Defendants’ pending Motion in Limine with regard to the calculations.
28 Moreover, the tiling and service of this damage calculation and any future calculations by
Ca‘é‘l$°2:O2—cv—O2218-BTIVI-LSP Document 2gO Filed O4iQFg3\0g§MOTI§)a“gLe~Vl¤?q S;/gI2§Z1g1;11;E;g;\g

1 the Brewer Defendants is without prejudice to the pending Motion in Limine.
2
3 April 14, 2006 REISH LUFTMAN REICHER & COHEN
4
5 By: s/ Michael A. Vanic
C. Frederick Reish
6 Michael A. Vanic
11755 Wilshire Boulevard, Tenth Floor
7 Los Angeles, California 90025-1539
8 and
9 MEYER & HENDRICKS, P.A.
Ed Hendricks
10 3030 North Central Avenue, Suite 1200
I Phoenix, Arizona 85012-2915
1
Attorneys for Defendants Charles M. Brewer,
12 Charles M. Brewer, Ltd. Profit Sharing Plan and
13 Trust, Charles M. Brewer, Ltd. Restated Pension Plan
ORIGINAL of the foregoing FILED
14 and COPIES mailed and E-Mailed this 14th day of
April 2006, to:
15
Stuart J. Reilly (sreilly(¢%stuartjreillypc.com)
16 Law Offices of Stuart J. eilly, P.C.
P.O. Box 80410
17 Phoenix, Arizona 85060-0410
Attorneys for Plaintiff
18 STUART J. REILLY
19
s/ Lidia Palafox
20 LIDIA PALAF OX
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Case 2:02-cv-02218-BTM-LSP

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