Free Response to Motion - District Court of Arizona - Arizona

Merchant Transaction Systems, Inc.
Nelcela, Inc., et al.
And related Cross and T hird-Party Claims
No. CIV-02-1954—PHX-MHM
‘ (Nelcela, Inc., Len Campagna and Alec D0llarlzide’s
Response to Joint Parties ’ Motion in Limine No. 1 2
to Exclude Testimony if Expert Kevin Faulkner)
EXHIBIT C
(Email from Richard Halloran dated 5/2/06)
Case 2:O2—cv—O1954-I\/IHI\/I Document 433-4 Filed O2/O2/2007 Page 1 of 3

Veronica L. Manolio
From: l-lalloran, Rick [RHaIIora@|rlaw.com]
Sent: Tuesday, May 02, 2006 11:55 AM
To: Veronica L. Manolio; Merrick B. Firestone é
Cc: Demarchi, Kimberly; McKirgan, Robert; Nick DiCarlo; William McKinnon;
[email protected]; Baird, Peter; [email protected]
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 P.G.
Lewis who would be testifying at trial, and we specifically sought to depose Mr.
Faulkner if he was going to be offered as a testifying witness. We were then told
during Mr. DeCicco's deposition that although both Mr. DeCicco and Mr.
Faulkner had traveled to the Phoenix area for the deposition, Mr. Faulkner would not
appear for the deposition (even though he evidently was in your offices throughout s
the deposition) because Mr. DeCicco would be the sole testifying witness at trial on i
behalf of P.G. Lewis. (See, e.g, DeCecco dep. at l2: l2-23). We were never given
the opportunity to depose Mr. Faulkner, so we will object to any effort to use his ;
testimonyin this case.
By the way, I have not heard back from you regarding my request for (l) a color copy
of Exhibit G to 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 you be producing this material? Q
Richard A. Hcillorcsn l Lewis ohci Roco: LLP l (602) 262—02l3
From: Veronica L. Manolio [mailto:[email protected]]
Sent: Monday, May 01, 2006 1:48 PM r
To: Halloran, Rick; Demarchi, Kimberly; McKirgan, Robert; Nick DiCarlo; William McKinnon; S
[email protected]; [email protected] c
Cc: Merrick B. Firestone A
Subject: F\N: PG Lewis Has Been Acquired By Protiviti i
Counsel, Q
We were recently informed that PG Lewis & Associates was acquired by Protiviti lnc. We also just
learned that our prior testifying expert, Robert DeCicco, did notjoin Protiviti as part of the acquisition.
· Today l confirmed that he left the company and is working elsewhere. However, 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 Mr. Faulkner from this point forward due to this change
and due to Mr. DeClcco’s departure. V ,
1/$$38872:02-cv—O1954-MHM Document 433-4 Filed O2/O2/2007 Page 2 of 3

Although we are currently in a "holding pattern" while the Court is reviewing our various motions for
summary judgment, we wanted to inform you all of thisintormation as quickly as possible. l understand
this is an informal disclosure, but l do not believe that l have any other way to 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 infomation about Lewis and Roca LLP, please go to
www.lewisandroca.com. i
Phoenix (602) 262-5311 i
Tucson (520) 622-2090 i
Las Vegas (702) 949-8200 V
Reno (775) 770-2600
Albuquerque (505) 764-5400
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1/3&$1is)872:O2—cv—O1 954-lVIHl\/I Document 433-4 Filed O2/O2/2007 Page 3 of 3

Case 2:02-cv-01954-MHM

Document 433-4

Filed 02/02/2007

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Case 2:02-cv-01954-MHM

Document 433-4

Filed 02/02/2007

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Case 2:02-cv-01954-MHM

Document 433-4

Filed 02/02/2007

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