Free Declaration - District Court of Arizona - Arizona


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Date: November 7, 2005
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State: Arizona
Category: District Court of Arizona
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Diane Mann, et al.
V.
GTCR Golder Rauner, L.L.C., et al.
CIV 02-02099 PHX RCB
Declaration of Joseph G. Adams
Exhibit 14
Excerpts of Joe Nolan Deposition Transcript
1750052.1
Case 2:02-cv-02099-RCB Document 287-8 Filed 11/07/2005 Page 1 013

Joszpu 12. Noum, Volume 1 -— 5/23/05
I ‘ CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
` - lh I- nn 1 - _. .
I . b E H I II' I Ii III 1
1 $50187 CONFIDENTIAL @@1%
I 2 IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
3
. 4 DIANE MANN, as Trustee )
for the Estate of ` )
I 5 LeapSource, Inc. ; ) ‘
CHRISTINE V. KIRK, et al., )
6 )
I Plaintiffs, )
7 )
I vs. ) No. CIV-02-2099-
8 ) PHX—RCB
GTCR GOLDER RAUNER, )
I 9 L.L.C., et al., )
)
I 10 Defendants. )
1 )
I 11. MICHAEL MAKINGS, )
)
I I 12 Counterclaimant, )
I )
I 13 vs_ )
)
I 14 LEAP SOURCE, INC., et al., )
)
I 15 Counterdefendants . )
I 16
I 17 Videotaped deposition of JOSEPH PATRICK
I 18 NOLAN, Volume I, called as a witness by the
{ 19 Plaintiffs, pursuant to the provisions of the
20 Federal Rules of Civil Procedure pertaining to
p 21 the taking of depositions, before Melanie L.
- 22 Humphrey—Sonntag, CSR, RDR, CRR, FAPR, and a
. 23 Notary Public in and for the County of DuPage,
gi 24 State of Illinois, taken at Barack, Ferrazzano,
SONNTAG REPORTING SERVICE, LTD .
{1 C _ sonntagrBporting.com —_ 800.232.0265
asc 2.02-cv-02099-RCB ocument 87-8 Fnled 11/07/2005 Page20f3

JOSEPH P. NOLAN, Volume I -— 5/23/05
. _ CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER
I 318
1 situation, as well.
I 2 Q What did Mr. Adelman do?
3 A Il think he was, you know, a sounding board and a
" 4 participant with both us and Eaton on various
I 5 decisions that were being made at the company.
A 6 Q Did you ask whether Mr. Eaton could identify a
- 7 single company that he had ever successfully
. 8 guided through a crisis like this except in his
A 9 role as a bankruptcy counsel?
- 10 A I —— I don't remember if we asked that of him or
11 of their —- you know, we may have —- we probably
12 asked that of their firm. I'm not sure we asked
13 that of him.
14 Q What did you know about Mr. Eaton's relationship
L 15 with Kirkland & Ellis in February, 2001?
16 A I don't believe at the time I knew he was
»- 17 of-counsel to Kirkland & Ellis.
18 Q Do you remember that he was referred to by
L 19 Mr. Yih in a telephone conversation about one
. 20 week 5-- con —- conference -- about one week
21 before the February 27 board meeting, where
I 22 Mr. Yih referred to him as a K & E kind of guy?
I 23 MR. FOSTER: Object to the form.
I 24 A I don't remember that specifically, no.
I SONNTAG REPORTING SERVICE , LTD .
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