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

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David M. Bass* (State Bar No. 117199) Michael J. Gulden* (State Bar No. 243383) DAVID M. BASS & ASSOCIATES 1900 Avenue of the Stars, Suite 200 Los Angeles, California 90067 Telephone: (310) 789-1152 Facsimile: (310) 789-1149 Email: [email protected] *Admitted Pro Hac Vice Attorneys for Defendants FARID MESHKATAI and ANITA KRAMER MESHKATAI UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

FIDELITY NATIONAL FINANCIAL, INC., a Delaware corporation, and FIDELITY EXPRESS NETWORK, INC., a California corporation, Plaintiffs, vs. COLIN H. FRIEDMAN, individually and as trustee of the Friedman Family Trust UDT, dated July 23, 1987; HEDY KRAMER FRIEDMAN, individually and as trustee of the Friedman Family Trust UDT, dated July 23, 1987; FARID MESHKATAI, an individual; and ANITA KRAMER MESHKATAI, individually and as trustee of the Anita Kramer Living Trust, dated July 23, 1987, Defendants.

Case No. CV 03-1222 PHX RCB [Assigned to Hon. Robert C. Broomfield] FARID AND ANITA MESHKATAI'S EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JANICE M. KROLL FILED IN SUPPORT OF PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR AN ORDER TO SHOW CAUSE RE: CONTEMPT FOR VIOLATIONS OF THE COURT'S ORDERS TO YARIV ELAZAR [Response to Plaintiffs' Reply in Support of Motion for an Order to Show Cause re: Civil Contempt for Violations of the Court's Orders to Yariv Elazar filed concurrently herewith]

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Case 2:03-cv-01222-RCB Document 229 OFFiled 08/19/2008 Page 1 of 3 THE DECLARATION JANICE M. KROLL
FARID AND ANITA MESHKATAI'S EVIDENTIARY OBJECTIONS TO

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Farid Meshkatai and Anita Kramer Meshkatai (the "Meshkatais") hereby object to, and move to strike, the indicated portions of the Declaration of Janice M. Kroll filed in support of Plaintiffs Reply in Support of their Motion for an Order to Show Cause re: Civil Contempt for Violations of the Court's Orders to Yariv Elazar ("Elazar") on each and all of the grounds set forth below: OBJECTION NO. 1 Statements Objected To: The following portion of Paragraph 4: "There were no breaks after Elazar's testimony that he did not give documents to Hyman." Grounds For Objection: Federal Rule of Evidence ("FRE") 1004: Best Evidence Rule (the transcript is the best evidence, and confirms that there was in fact a break after the testimony in question). OBJECTION NO. 2 Statements Objected To: The following portion of Paragraph 5: "Mr. Gulden clarified the record, with thanks from Fidelity." Grounds For Objection: FRE 701: Improper Opinion Testimony (as to whether Mr. Gulden was given a full and fair opportunity to clarify the record; the record confirms that Plaintiffs' counsel refused to permit the Meshkatais' counsel a full and fair opportunity to clarify the record); and FRE 1004: Best Evidence Rule (the transcript is the best evidence, and confirms that Plaintiffs' counsel refused to permit the Meshkatais' counsel a full and fair opportunity to clarify the record). /// /// ///
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FARID AND ANITA MESHKATAI'S EVIDENTIARY OBJECTIONS TO Case 2:03-cv-01222-RCB Document 229 OFFiled 08/19/2008 Page 2 of 3 THE DECLARATION JANICE M. KROLL

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OBJECTION NO. 3 Statements Objected To: The following portion of Paragraph 7: "Mr. Walker asked Mr. Gulden's followup questions." Grounds For Objection: FRE 701: Improper Opinion Testimony (as to whether Mr. Walker asked follow up questions "on behalf of Mr. Gulden," and as to whether Mr. Gulden was given a full and fair opportunity to clarify the record; the record confirms that Plaintiffs' counsel refused to permit the Meshkatais' counsel a full and fair opportunity to clarify the record); and FRE 1004: Best Evidence Rule (the transcript is the best evidence, and confirms that Plaintiffs' counsel refused to permit the Meshkatais' counsel a full and fair opportunity to clarify the record).

Dated: August 1, 2008

DAVID M. BASS & ASSOCIATES

By: David M. Bass Attorneys for Defendants FARID MESHKATAI and ANITA KRAMER MESHKATAI

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FARID AND ANITA MESHKATAI'S EVIDENTIARY OBJECTIONS TO Case 2:03-cv-01222-RCB Document 229 OFFiled 08/19/2008 Page 3 of 3 THE DECLARATION JANICE M. KROLL