Free Statement - District Court of Arizona - Arizona

V Diane Mann, et al. V
V. _
GTCR Golder Rauner, L.L.C., et al.
- CIV 02-02099 PHX RCB S
Kirkland & Ellis’ Statement of Facts in Support of Motion for Summary Judgment
Regarding Vicarious Liability
Exhibit 4
Excerpts of Kevin Evanich Deposition Transcript
Case 2:02-cv-02099-RCB Document 251 -5 Filed O9/O8/2005 Page 1 of 4

. @E[?&TFUE1UE 1
1 1 S50169A C
2. IN THE UNITED STATES DIS · OURT
DISTRICT OF ARIZONA · _
g' 4 DIANE MANN, as Trustee ) . -1
1* A for the Estate of ) .
. · 5 Leapsource, Inc.; )
CHRISTINE v. KIRK, et a1., )
. 6. >
{ - Plaintiffs, )
Q vs. ) No. CIV>02-2099-
i- · 8 ) PHX-RCB
T. l GTCR GOLDER RAUNER, )
Pg 9 I 1.,1..c. , et a1. , ) ·
i 10 Defendants. )
J C ll MICHAEL MAKINGS, _ ) V
>
Q, V 12 Counterclaimant, )
. _ . >
. 13 vs. - )
y . ` )
14 LEAP SOURCE, INC., et al., )
.‘ I . )
}» 15 Counterdefendants. )
I 16 C
1. 17 Videotaped deposition of KEVIN EVANICH,
I 18 called as a witness by the Plaintiffs, pursuant
:` 19 to the provisions of the Federal Rules of Civil
" 20 · Procedure pertaining to.the taking of
» 21 depositions, before Melanie L. Humphrey-Sonntag,
. . 22 CSR, RDR, CRR, EAPR, and a Notary Public in and
} 23 for the County of DuPage, State of Illinois,
" 24 taken at the Drake Hotel, Erie Room, 140 East
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i · Case 2:O2—cv-02099-RCB Document 251-5 Filed O9/O8/2005 Page 2 of 4

j __ Examuazrxou BY MR. WEINBERGER
I . 21 I 21
_ _ 1 A Yes . _ x
i` 2 Q Was there an occasion when you referred Mr. Eaton
_2 3 to Leapsource? ` .
A lV » 4 W MS. REFO: Object to the form.
I I
5 A No . _ ‘
_ _: 26 And to short—circuit this, maybe I —— I
. . I 7 should jump in, which counsel tells me I should
- 3 neva; da, but I actually believe in the American
I I Vjvél 9 system of justice. - I think openness is a good
Q .·-i 10 thing. _
_ ; __y1A · 11 I referred David Eaton to GTCR, to I _
· - ‘ Q 12 represent G —— to talk to GTCR about working for
·‘ E. 13 LeapSource, but I don't think I ever talked to
k W A 14 anyone at LeapSource._
` 15 BY MR. WEINBERGER: ‘ I
, 16 Q And I presume when you talked to GTCR about
· I 17 referring David Eaton potentially to one of their
V 18 E portfolio clients, that that conversation would
F I 19 have been with them, as the client GTCR.
, . 20 A Correct. I
L 21 Q When you referred David Eaton to GTCR, did you do
22 I so because of his background as a bankruptcy
23 lawyer with Kirkland & Ellis? ’
H 24 A No. He had left Kirkland & Ellis to 90 i¤t° a
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_ Case 2:02-cv-02099-RCB Document 251-5 Filed O9/O8/2005 Page 3»0f4

I A
nvm EVANICH -— 5/18/05 4 9
I ‘ EXAMINATION BY MR. "WEINBERGER
I A 22
1 restructuring advisory business, and it was
2 because he was an expert in the financial
l ‘ 3 restructuring advisory business that I referred
j 4 him to GTCR. A _ _ E
5 Q At some time between 1999 and 2001, prior to the
H 6 time David Eaton -was referred to GTCR, did you
7 become aware that there was a dispute among
‘ 8 LeapSource directors as to GTCR's performing its
i Q » 09 obligations to Leapsource?
_ 10 A No . —
E _ 11 MS. REFO: And I will cau -—
12 A THE WITNESS: Oh. Sorry. ` -
13 MS. REFO: You need to give me a
1 2 ` 14 chance to make an objection.
15 THE WITNESS: Feel free.
16 MS. REFO: Okay.
17 Too late.
_18 BY MR. WEINBERGER:
19 Q At the time David Eaton was referred to GTCR with
It 20 regard to LeapSource, did he have a relationship
4* E 21 with Kirkland & Ellis? A
I? 22 A Yes.
23 Q And he was of-counsel?
hl 4 24 A That's correct.
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I Case 2:02-cv-02099-RCB Document 251-5 Filed O9/O8/2005 Page40f4
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