Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT 6
Case 2:02-cv-02036-IVIHIVI Document 289-9 Filed 08/22/2005 Page 1 0f3

I
Page 1I
I
IN THE UNITES STATES DISTRICT COURT I
I DISTRICT OF COLUMBIA I
E
l ERCHONIA MEDICAL INC., et al., §
piaineiff, I
. I
I vs. CASE NUMBERS I
CIv—02—2036—PHX-MHM I
I CONSOLIDATED WITH I
CIV—O2—2048—PHX—MHM I
I CIV-02-2353-PHX-MHM I
MIKI SMITH, et al., I
I Defendants. I
——--————-—--- - ------------- / I
ERCHONIA MEDICAL INC., et al., {
I Plaintiff, I
vs. I
I I
MIKI SMITH, et al., I
l Defendants. I
·········--··----------——-- / I
I ROBERT E. MORONEY, LLC I
piainuisf, I
vs.
I ERCHONIA MEDICAL INC., et al., I
Defendants. I
I ——————————----——---——-—-—— /
The telephone deposition of JOHN TAFT, a ;
I witness in the above—entitled cause, taken
pursuant to Notice and agreement, before Kyle J. I
I Saniga, Certified Court Reporter and Notary
Public, at the Offices of Coastal Court
Reporting, One Corpus Christi, Executive Center,
I Suite 107, Hilton Head, South Carolina, on the
I 13th day of June 2005, commencing at or about
I the hour of 9:00 a.m.
COASTAL COURT REPORTING & VIDEO SERVICES
I if . if In ` v v vi • V* YT ¤• li -T a· ·I -i is fur ·.•- •II

. Page 54 Page 56
1 SCHWARTZ - TAFT (DIRECT EXAMINATION) 1 SCHWARTZ - TAFT (DIRECT EXAMINA`I'ION)
I 2 one so that I'd have something to demonstrate 2 after the Brimhall seminar. i
3 with the training tape, which I don't have the 3 Q Okay.
4 tape anymore. 4 A And I didn't sell any ion cleanse or
' 5 Q Let's talk about what you refer to as 5 laser to either of them. ’
6 the English laser. 6 Q Okay. Well, you said and others were
7 A Uh-huh. 7 asking about lasers, too. Were there other ,
I 8 Q Right? What makes you think it's —- 8 people asking you about lasers at the June 2002
9 why do you refer to it that way? 9 seminar?
1 0 A Because that's what he told me it was. 10 A There were.
I 11 He said it was made in England. 11 Q Okay. Did doctor -- I'm sorry, Bonnie
12 Q Did he tell you who made it? 12 Phillips is a chiropractor, correct?
13 A No, someone in England. But it had 13 A Correct. ‘
I 14 been in England for over a year before that I 14 Q Jean Winter, you said you don't know if l
15 believe -- I was told, too. 15 she is or not?
16 Q Is there anything that -— okay, when 16 A Right, I know her husband is, Jack El
17 you first saw this, what you've referred to as 17 Winter.
I 18 the English laser, do you know if that was 18 Q Okay. So when she was asking about g
19 before or after the Brimhall seminar in June of 19 lasers —- l
20 2002? 20 A I told her.
I 21 A That was after. 21 Q -- you didn't know whether she was
22 Q Any idea how far alter? 2 2 asking for herself or on behalf of her husband?
23 A I don't know. 23 A Right. He wasn't there, I don't think, ’
I 24 Q You talked about Jean Winters and 24 no, he wasn't at that seminar. I think it was
25 Bonnie Phillips. 25 in a motorcycle accident and hurt his shoulder
COASTAL COURT REPORTING & VIDEO SERVICES COASTAL COURT REPORTING & VIDEO SERVICES
I Page 55 Page 57
1 SCHWARTZ - TAFT (DIRECT EXAMINATION) 1 SCHWARTZ - TAFT (DIRECT EXAMINA`l'ION)
2 A Uh-huh. 2 or something and couldn‘t make it but she went.
I 3 Q They approached you at the Brimhall 3 Q Well, when you said that the lasers
4 seminar in June 2002? 4 were available outside the door, whose laser was {
5 A Correct. 5 available outside the door? _
I 6 Q That's when that conversation happened? 6 A Erchonia. .
7 A Right, they asked -- for some reason, 7 Q Did you get the impression they were
8 everyone asked me what they should do and where 8 asking about the Erchonia laser or some other ,
l 9 they should get it. Why this comes about, I 9 laser?
10 don't know, but they asked me, well, what about 10 A The Erchonia. That was the only laser
11 a laser? What about an ion cleanse? And it's 11 there, that was the only laser I knew of.
I 12 probably because I give them advice, on and off, 12 Q Okay. Jean Winters talked about that
13 through the years, on the phone working for 13 Bob Maroney or one of these companies was ?
14 Nutra West, so they came to trust me and I 14 talking about introducing a laser at that June g
15 trusted them and all I did was tell them, if you 15 2002 seminar, are you aware of that?
I 16 want a laser they're selling them right outside 16 A No. I know that she bought-- or she
17 the door and if you want an ion cleanse, they're 17 talked with Miki Smith, who was with Erchonia at
1 8 selling that outside the door, also. 18 that time and he was going to sell her an
I 19 And then they asked me, well, can you 19 Erchonia laser but that was -- I don't know what
20 get a better deal? And I said well, I said, I 20 happened with that either, it was —— I wasn't
2 1 don't work with the lasers but Ido —- you know, 2 1 standing there and I didn't hear the whole 1
I 22 I got permission to sell the ion cleanses but 22 thing, so, other than that, I don't know and I I
23 that'|| be later down the road because I wasn't 23 don't -- Miki -- then later on Miki Smith told P
24 even doing it. As a matter of fact, I didn't 24 me that he was no longer going to be with
' 25 sell an ion cleanse until probably four months 25 Erchonia and that he was going to work for
COAST A OURT RE TING & VIDEO SERVICES COASTAL COURT REPORTING & VIDEO SERVICES i
15 (Pages 54 to 57)
l Case 2:02-ov-02036-lVIHl\/I Document 289-9 Filed 08/22/2005 Page 3 of 3

Case 2:02-cv-02036-MHM

Document 289-9

Filed 08/22/2005

Page 1 of 3

Case 2:02-cv-02036-MHM

Document 289-9

Filed 08/22/2005

Page 2 of 3

Case 2:02-cv-02036-MHM

Document 289-9

Filed 08/22/2005

Page 3 of 3