Free Response to Motion - District Court of Arizona - Arizona

llclerchant Transaction Systems, Inc.
vs.
Nelcela, Inc., et al.
And related Cross and Third-Party Claims
N0. CIV-02-1954-PHX-MHM
(Nelcela, Inc., Len Campagna and Alec Dollarlzide’s
Response to Joint Parties’ Motion in Limine No. 2
To Exclude Exhibit 5 (April 1995 Agreement between
Alec Dollarhide and CCS Ltd.)
EXHIBIT B
(Relevant pages of Deposition Transcript
of Alec Dollarhide) Y
Case 2:O2—cv—O1954-I\/IHI\/I Document 434-3 Filed O2/O2/2007 Page 1 of 4

l
·l¤Q ···‘ UNITED STATES DISTRICT COURT i
IN AND FOR THE DISTRICT OF ARIZONA i
MERCHANT TRANSACTION SYSTEMS, ) NO. CIV 02-1954 PHX M M
INC., ) I
)
Plaintiff, ) ;
_
vs. ) p
> i
NELCELA, INC., an Arizona ) i
corporation; LEN CAMPAGNA, an ) é
Arizona resident; ALEC ) S
DOLLARHIDE, an Arizona ) §
resident; EBOCOM, INC., a ) $
Delaware corporation; POST ) A
INTEGRATIONS, INC., an ) t
Illinois corporation; CHARLES ) g
ANDERSON, a Washington ) Q
resident, ) s
VU` Defendants. ) {
) i
Amended Counterclaims, Cross ) Q
Claims and Third—Party Claims.) {
) ?
VIDEOTAPED DEPOSITION OF ALEC DOLLARHIDE i
Phoenix, Arizona i
C August 16, 2005 C
By: Kim Empey, RPR .
Certified Court Reporter
Certification Number 50570
i if (Copy) ~ i
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234 Q
1 ind_acquire_reference number, that's very old. A lot of 4
2 these had to have been created when this table was p
3 originally created. Some of these are —— are much newer. Q
4 Q. When was this table originally created? i
OE47 5 A. Like I said, I believe this table was probably i
6 created in somewhere to early to mid '96. i
7 Q. Now, in April of ’96, you signed an agreement i
8 with Mr. Anderson that purports to give you ownership in g
9 the software that you wrote. Is that correct? E
02. :47 lO A. Yes .
11 Q. What about the software you had written before 4
12 that date? It makes in reference to that. E
13 A. The software I'd written before that date, I
14 believe —— well, the first project was definitely Charlie Q
O&47 15 Anderson's. There's no doubt about that. It belonged to i
16 Anderson Advisors. He made that quite clear in many
17 conversations with him. Anything prior to that would have
18 belonged to Charlie Anderson. Q
19 Q. And how about subsequent to your second
O&47 20 employment but before you signed the agreement with Q
21 Mr. Anderson that you‘ve presented in this litigation? y
22 A. Say that one again, please. i
23 Q. You were re—employed with Mr. Anderson at the end é
24 of 1995, correct? i
O&48 25 A. Correct.
Coash & Coash, Inc. (602)258—1440 i
Case 2:02-cv-01954-IVIHIVI Document 434-3 Filed O2/O2/2007 Page 3 of 4 y

235 E
1 Q. And you signed the agreement with Mr. Anderson at 4
2 the end of April of 1996, correct? i
3 A. Yes. g
4 Q. What -- who owned the software that you wrote
0&48 5 from the end of 1995 —— I beg your pardon. So it was 1995 3
6 when —— right —— i
7 A. Sir, please start over again. i
8 Q. Yeah, I'm sorry. I misspoke because I misread. E
9 You signed —— when did you sign this g
came 10 agreement with Mr. Anderson which has been previously é
11 marked as Exhibit No. 5? Did you —- i
12 MR. FIRESTONE; Do you want a copy? I
13 MR. McKINNON; Yeah. I
14 THE WITNESS: April '95. Q
03:4a 15 BY MR. MGKINNON:
16 Q. Okay. But where was that in relationship to your f
17 programming efforts with him? I
18 A. That was just prior to me coming back from the 7
19 county and working for Charlie. I
OBAQ 20 Q. So you came back from the county in May of 1995, i
21 not the end of 1995?
22 A. I had to have come back back in April, the end of i
23 April, from the county. i
24 Q. Now, at some point in time, Mr. Anderson sold his I
0&49 25 interests in Credit Card Services. Is that correct? A
Coash & Coash, Inc. (602)258—1440 i
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