Free Statement - District Court of Arizona - Arizona

Mann, et al.
vs.
GT CR Golder Rayner, LLC, etal.
N0. C1 V-02-2099-PHX-RCB
Statement of Facts in Support of:
Motion for Summary Judgment on (1) Contract Claims,
(2) Breach of Fiduciary Duty Claims and
All Other Claims Against Defendant Makings
EXHIBIT 16
(Letter to Richard Thomas dated June 24, 2004)
Case 2:02-cv-02099-RCB Document 341-6 Filed O3/10/2006 Page 1 of 2

Hunan
6
Fucstnne
649 N<>¤h $‘¢¤¤¤d AV¢¤¤€ Attorneys and éhiunsclurs A
Phoenix, AZ 85003 Merrick B. Firestone *
602 307,9100 • Fax 602 307_9l06 m.fII`CSI()1'l€@I‘OI18.I]··'fII`€SI()I1G.COI'l'1
www.ronan—firestone.com i
June 24, 2004 i
Richard R. Thomas Via Facsimile N0. 480-429-3100
Scot C. Stirling and US. Mail p
Roger A. Wright .
Beus Gilbert, PLLC
4800 North Scottsdale Road
Scottsdale, AZ 85251
Re: Kirk, et al. v. Makings, etal.
Gentlemen:
I have reviewed the Plaintiffs’ Fourth Amended Complaint. It is unclear to me in Count I,
brought by the Trustee, which is entitled "Tortious Interference with Contract: Against Makings, 2
Eaton, AEG and K & E", whether you are making a claim against Mr. Makings. In paragraph 321 . L
ofthe Fourth Amended Complaint, you have specifically removed any allegation of knowledge about 3
the Purchase Agreement from Makings. Therefore, since this is a prima facie element of tortious
interference with a contract, it would appear that Count I is not applicable to my client. g
I need to know where you stand on this issue so that I can have the appropriate time to either 0
tile a Motion to Dismiss or if we can reach an agreement documented by stipulation that my client
is not subject to liability on this legal theory. . g
I look forward to hearing from you. y
Sincerely,
Dictated B ut N at Read
Merrick B. Firestone
MBF:dr
cc: Michael Makings »
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Case 2:02-cv-02099-RCB

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Case 2:02-cv-02099-RCB

Document 341-6

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