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

FRISBEE & BOSTOCK, PLC
Attorneys at Law
Robert M. Frisbee Susan L. Bostock 1747 East Morten Avenue - Suite 108 Phoenix, Arizona 85020 Tel: (602) 354-3689 Fax: (602) 266-7744

February 16, 2006 Dan Goldfine, Esq. Rick Erickson, Esq. SNELL & WILMER, L.L.P. One Arizona Center 400 East Van Buren Phoenix, AZ 85004-2202 RE: Hancock adv. Meritage, et. al. Dear Dan: You will recall our conversation just prior to a deposition the other day regarding the further documents you want from the Titus firm. I discussed Mr. Zitzer's recent letter with you, and said that since I really didn't know what you were seeking to obtain that you hadn't already gotten, I was in no position to subpoena same. You stated that you would take the first "baby steps" of furnishing a subpoena to Mr. Zitzer for the items you still want. I then received your letter of February 10, 2006, which I perceive to be somewhat different in intent than was that of our conversation. I am still in no better position to get you what you want by reason of that letter. I discussed the matter with Mr. Zitzer, who informed me that you said that you would take the responsibility of somehow getting the Titus firm under the jurisdiction of the court, so I will assume that to be your plan, and you and Mr. Zitzer can hash it out. It seems to me that a motion to compel by you is the appropriate vehicle, to which Mr. Zitzer could then respond, but I will leave that to you. I should mention that I believe that your subpoena of Mr. Cornwall and his records will produce most if not all of the documents about which you are concerned, i.e. Olympic/Westwind, etc. As you know, Cornwall is instrumental in all of those entities, and is a partner with your client in all of them. I do not know why you have not obtained the documents from your client, through which they should be readily available. Also, I understand that the only clients of Titus who might object to disclosure are Cornwall, mentioned above, and Jim Arneson, your client's employee. Anyway, I have repeatedly told you that Greg Hancock was not involved after Olympic, and even Mr. Curry concedes that he is going to change his report on that issue.

VIA FACSIMILE AND MAIL

Case 2:04-cv-00384-ROS

Document 284-2

Filed 03/06/2006

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February 16, 2006

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I stand ready to assist you and Mr. Zitzer is any fashion I can, but since Mr. Hancock has given permission to Titus to produce all records in which Hancock is involved, I do not know what more he can do.

Yours very truly,

Robert M. Frisbee RMF/vmh cc: Mr. Zitzer

Case 2:04-cv-00384-ROS

Document 284-2

Filed 03/06/2006

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