Free Motion in Limine - District Court of Arizona - Arizona

r""
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
ERCHONIA MEDICAL, INC., )
et al., )
)
Plaintiff, ) Case No.: CIV—02-2036-PHX-MHM
) Consolidated With
vs. ) No. CIV 02-2048-PHX-MHM
) No. CIV 02-2353-PHX—MHM
MIKI SMITH, et al., )
)
Defendant. )
__ _____ __;______;>
DEPOSITION OF MIKI SMITH
_ . Phoenix, Arizona
V " M July 8, 2005
10:00 a.m.
Prepared by:
Vicki L. O'Ceallaigh Champion, RPR
CERTIFIED COURT REPORTER
CCR No. 50534
Dropkin and Associates
( Certified Court Reporters
7600 North 16th Street
Suite 216
Phoenix, Arizona 85020
PREPARED FOR; Telephone (602) 997-8066
_· q Ira M. Schwartz, Esq. .
Case 2:02-cv-02036-IVIHIVI Document 369-2 Filed 07/16/2007 Page10f2

121 122
1 this, " you never bothered to do a thing to undo the 1 Did Bob Maroney help you corre to understand
2 contractual agreement you had signed, right? 2 tie Shanks were a cult?
’ 3 A. Because his dad had said at that time that it 3 A. He thought they were.
4 was waived. 4 Q. Did he help you core to that understanding?
5 Q. And did you ever send anything in writing or 5 MR. BUELER: Objection; form, foundation.
6 have anybody declare for you before Steve’s dad died that 6 If you can answer it.
7 his dad had relieved you of this obligation? 7 A. All I can say is there was sonething wrcng with
8 A. No. 8 the chuzch. uhm families can’t go w their fanilies
9 Q. Conveniently that has only cone up after Steve’s 9 from out of state, and that came up in February 2002 with
10 dad passed away, right? 10 Steve's own wife, Ddabie.
11 MR. EUEIER: Objection; fom, foundation. ll BY MR. NARZYNSKI:
12 BY MR. WARZYNSKI: 12 Q. But by January 2002, you knew that your free
13 Q. It's cnly come up after Steve’s dad passed away, 13 will hai beau overcome by this group of religious people
14 right? 14 and that you had entered into an agreenent that you didn't
15 A. I didn': want to bring up the church in all 15 enter of your own free will. That is January, so this is
16 these proceedings. You know, fran what ’B6 to ·· 'B8 to 16 before February.
17 1996, Steve ard I worked together at other businesses. 17 A. I didn'?. even think about that.
18 That’s where we developed our friendship. 18 Q. About what?
19 Q. weren‘t you friazds in high school? 19 A. That.
20 A. No. with Steve? 20 Q. This agreanent?
21 Q. I might have that part wrong. Did Bob Maroney 21 A. Uh·huh.
22 help you understand at all the Shan.ks's ·· let’s use my 22 Q. When did Steve's dad tell you that you didn’t
23 term. I will use the term 'cult.’* we will agree for the 23 have to pay on this note?
24 remainder of the deposition that’s not a term you 24 A. The night I signed it.
25 necessarily like to apply, but. I will use the term. 25 O. On September 20, 2001?
°“2§O’%“..a‘;,*·§..s?°%..f;?‘$
123 124
1 A. Yes. 1 Q. Did yt>u sign the note at the house?
2 Q. Tell ne everything you renenber about that 2 A. Yes.
3 conversation. 3 Q. So it was in short successicn you signed the
4 A. Just that all his brothers were there. 4 note, and then Steve's dad said you dcn’t have to pay
5 Q. All whose brothers? 5 this?
6 A. Steve's. 6 A. Yes.
7 Q. What are their names? 7 Q. what else was said in the ccxitext of that
8 A. John, Mark, I don': think Matt was there. 8 ccnversation? You don': have to pay it if? You don’t
9 Charlie was there -- his nom, Lil. 9 have to pay it at all? You don't have to pay it -— what?
10 Q. were all those -~ 10 A. I dcn’t recall that.
11 A. There were rrore than that there. 11 Q. He just said, "You don’t have to pay it. Don't
12 Q. I apologize. were all those people witnesses to 12 worry"?
13 the conversation you had with Steve’s father? 13 A. Yes.
14 A. Yes. 14 Q. And you said what in response to that?
15 Q. where did the conversation take place? 15 A. I was confused at the time why it even came up,
16 A. Steve’s dad’s house. 16 because the check register ·· basically, the checks I
17 Q. what was the occasion for you being at Steve*s 17 wrote, Steve said to do it. In October ’9B, I was let go
18 dad’s house? lB at Western Distributing. I had set Steve -· put him in
19 A. Steve just wked ne if I'd oome over, so I went 19 touch with some people down here. He had rroved. I was
20 over. 20 running the whole business myself.
21 Q. How did tm conversation oorne up that you didn’t 21 Steve couldn't afford to quit his job.
22 need topaythis rote? 22bec@hev»nasbnryirxga1·no¤ise. Sosteve said todowhat
23 A. After I signed it. 23 his brother did in '96, '97, part of '98, because he had
24 Q. Did you —· 24 asked rre then if it was okay, because back then we were
25 A. Chuck brought it up. 25 all owners of Majes·Tic Innovations, a third Steve, a
MDFKIN & _ N
Case 2:O2fi§v‘¤®>208=@¤Pa’IHM Document 369-2 Fnled O7/16/2 0f 2

Case 2:02-cv-02036-MHM

Document 369-2

Filed 07/16/2007

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Case 2:02-cv-02036-MHM

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