vs.
Nelcela, Inc., et al.
And related Cross and T hird-Party Claims
No. CI V-02-1 95 4-PHX-MHM I
(Nelcela, Inc., Len Campagna and Alec Dollarhide’s
Response to Joint Parties’ Motion in Limine No. I j
to Exclude Testimony of Expert Kevin Faulkner) Y
nxnusir 1)
(Response Email from Veronica Manolio dated 5/4/06)
Case 2:O2—cv—O1954-I\/IHI\/I Document 433-5 Filed O2/O2/2007 Page 1 of 4
Veronica L. Manolio
From: Veronica L. Manolio
Sent: Thursday, May 04, 2006 7:22 ANI
To: 'Halloran, Rick'; Merrick B. Firestone
Cc: Demarchi, Kimberly; McKirgan, Robert; Nick DiCarlo; William McKinnon;
[email protected]; Baird, Peter; [email protected] g
Subject: RE: Kevin Faulkner T
Rick,
We will clear up your objection easily by permitting you to depose Mr. Faulkner should that become
necessary (after summary judgment on Phase l is determined). Obviously we had no idea at the time K
that Rob DeCicco would be leaving PG. Lewis, and all parties have been well aware of Kevin Faulkner ·
and his analysis, involvement and opinions in this case. We would certainly allow his deposition should L
that become a necessity.
I attach here a color copy of the Exhibit G we produced. l also attach a .pdf file ofthe, "complete work
papers" and analysis you requested. We did not include these in the exhibit produced to the Court
because of the size ofthe file (l think it’s roughly 465 pages).
We also need the same, "complete work papers" and analysis from Robert Zeidman for the “addendum"
he prepared. We received his "addendum" for the first time in your Motion for Summary Judgment but ;
have no back-up, analysis or the, "complete work papers" surrounding this addendum. Please remit the
same as quickly as possible.
Thank you.
Wxrwrxim
----— Original Message —---—
From: Halloran, Rick [mailto:[email protected]] Q
Sent: Tuesday, May 02, 2006 11:55 AM Q
To: Veronica L. Manolio; Merrick B. Firestone T
Cc: Demarchi, Kimberly; McKirgan, Robert; Nick DiCarlo; William McKinnon; %
[email protected]; Baird, Peter; [email protected] V
Subject: Kevin Faulkner
Merrick & Veronica — The POST Parties will object to any testimony by Kevin `
Faulkner. As you will recall, we asked to depose all representatives of PG. T
Lewis who would be testifying at trial, and we specifically sought T
to depose Mr. Faulkner if he was going to be offered as a testifying witness. T
We were then told during Mr. DeCicco's deposition that although both Mr. X
DeCicco and Mr. Faulkner had traveled to the Phoenix area for the
deposition, Mr. Faulkner would not appear for the deposition (even though he E
evidently was in your offices throughout the deposition) because Mr. DeCicco
would be the sole testifying witness at trial on behalf of P.G. Lewis. (See, e.g,
DeCecco dep. at 12:12-23). We were never given the opportunity to depose *
1/2(9i1(s6>72:O2—cv—O1954-MHM Document 433-5 Filed O2/O2/2007 Page 2 of 4
Mr. Faulkner, so we will object t0 any effort t0 use his testimony in this case.
By the way, I have not heard back from y0u regarding my request for (l) a
color copy of Exhibit G t0 Nelcela et al.'s "Objections to the Joint Parties
Statement of Facts" and (2) P.G. Lewis’s complete work papers regarding that
exhibit, including P.G. Lewis’s complete work papers regarding the analysis
described in the exhibit. When will y0u be producing this material? Z
Riohcird A. Holloron l Lewis ond Roco LLP l (602) 262-02l 3 V
From: Veronica L. Manolio [mailto:[email protected]]
Sent: Monday, May O1, 2006 1:48 PM
T0: Halloran, Rick; Demarchi, Kimberly; Mcl
Cc: Merrick B. Firestone e
Subject: FW: PG Lewis Has Been Acquired By Protiviti B
Counsel,
We were recently informed that PG Lewis & Associates was acquired by Protiviti Inc. We also y
just learned that our prior testifying expert, Robert DeCicco, did not join Protiviti as crt of the A
acquisition. Today I confirmed that he left the company and is working elsewhere. However, i
Protiviti has taken over the prior cases that PG Lewis & Associates had been working, and Kevin ,
Faulkner made the transition and will remain on our case. We intend to use l\/lr. Faulkner from L
this point forward due to this change and due to l\/ir. DeCicco’s departure. A
Although we are currently in a "holding pattern" while the Court is reviewing our various motions
for summaryjudgment, we wanted to inform you alt of this information as quickly as possible. l i
understand this is an informal disclosure, but l do not believe that l have any other way to {
7 properly disclose this information since it was received after the close of discovery.
Please do not hesitate to contact me or Merrick if you have any questions. Thanks,
For more information about Lewis and Roca LLP, please go to °V i
www.lewisandr0ca.c0m. L Q
Phoenix (602) 262-5311 . i‘ii° {
Tucson (520) 622-2090 ‘ 1 ?
Las Vegas (702) 949-8200 L
Reno (775) 770-2600 s
Albuquerque (505) 764-5400
This message is intended only for the use of the individual
or entity to which it is addressed. If the reader of this message i
is not the intended recipient, or the employee or agent responsible
1/2Q_a§872:O2—cv—O1954-IVIHIVI Document 433-5 Filed O2/O2/2007 Page 3 of 4 F
for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of
this message is strictly prohibited. lf you have received this
cormnunication in error, please notify us immediately by replying to
the sender of this E-Mail by return E-Mail or by telephone. i
In accordance with Internal Revenue Service Circular 230, we advise ,
you that if this email contains any tax advice, such tax advice was s
not intended or written to be used, and it cannot be used, by any 3
taxpayer for the purpose of avoiding penalties that may be imposed f
on the taxpayer.
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Case 2:02-cv-01954-MHM
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