By: jigfish
20 Jul 2005, 07:11 PM EDT
Msg. 72168 of 72170
ragingbull.lycos.com
There is some interesting tidbits in this affidavit from Mr Connors. This is from Item (21 attachment 2) addressing the Motion from cohn on Venue....I believe there are 4 attachments.
It was this document that made me ask if someone that lives close to hqnt headquarters would stop by and see if the office is still there and being used. There is a lot of interesting stuff in all of these documents listed on Pacer. Enjoy. The reason I have produced this is that there is much complaining on this board and IHUB board about nothing new to discuss, so have at it. Jig
P.S. There might be some misspelling due to my scanner plus, highlights are made by me.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN J)IY
Law Offices of James P. Connors,
Plaintiff, : Case No. C2-05-462
vs. Judge Algenon L. Marbicy
Douglas Alan Cohn, et aL, Magistrate Judge Norah M. King
Defendants.
AFFIDAViT OF JAMES P. CONNORS
AFFIANT, James P. Connors, after having first been duly sworn, states as follows:
1. 1 am the plaintiff in this action, am competent to testify, and have personal knowledge of the matters set forth herein.
2. 1 was originally retained by Douglas Alan Cohn and H-Quotient, Inc. in 2003 to perform legal services and defend them as trial counsel in an action pending in this court captioned Ohio Hospital Association v. H-Quotient, Inc. et at, Case No. 0l-CV-1245, Judge Gregory Frost presiding, following a default judgment awarded to Ohio Hospital Association on July 1,2003.
3. Default judgment was granted to Ohio Hospital Association due to the defendants’ repeated violations of court orders relative to discovery. My initial role in the case was to attend the damages hearing for the previous defense counsel who had been barred from representing the defendants as part of the default judgment, and then to prepare and file a motion for relief from judgment Following those activities, I then pursued an appeal for the defendants to the Sixth Circuit Court of Appeals where the appeal is currently pending
4 Mr Cohn told me that he was impressed with my work on the Ohio cases and
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asked whether I would get involved in other legal matters in various other states, including other Ohio matters. Mr. Cohn and H-Quotient were also sued by their previous Ohio attorney to whom default judgment was awarded. Eventually, I settled that case which was pending in state court in Stark County, Ohio. I have performed numerous other legal services for the defendants relative to other legal matters pending in Ohio and several other states. The vast majority of these legal services were perfomied in Ohio from 2003 through 2005.
5. When I was originally retained in Ohio, Douglas Cohn informed me that he was married to Kathiyn Cohn who works for him and H-Quotient. His wife went by the name Kathryn Kennard as it was prominently featured on the H-Quotient website. H-Quotient held her out as the person to contact regarding any questions concerning H-Quotient and its products and services, etc. I had numerous regular contacts and dealings with Kathryn Cohn starting in 2003 through 2005 concerning the company, the litigation and other legal matters on which I was working, via telephone, email, telefax, and meetings (although no meeting took place in Ohio). She was and presumably still is employed by both her husband and H-Quotient and Standard.
6. In August 2004, Douglas Cohn asked me to consider assisting with a case pending in the Eastern District of Virginia, a complicated large securities fraud case captioned Rao v. H-Quotient, Inc et al. in which H-Quotient and Mr. Cohn were defendants accused of common law and securities fraud, among other claims. The plaintiffs sought $19 million in damages, attorney fees, costs, etc. The case was being defended by Virginia attorney Roy Moran at the time
7. When considering whether to work on the Rao case, I flew to Washington D.C. for among other reasons to meet with Kathryn and Douglas Cohn concerning the Rao case in
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early fall 2004. At that time, both Cohns explained that Kathryn was intimately involved in her husband’s businesses including, foremost at the time, H-Quotient. During the Rao trial, and previously in depositions in that case, Douglas Cohn testified that his wife Kathryn and other family members worked for H-Quotient. Cohn testified at trial that he made many cash and other asset transfers to his wife, himself, and his children from H-Quotient funds and assets for services rendered.
8. During the trip, Douglas Cohn showed me his personal residence which he also said that he owned. He told me that the residence was worth in excess of $7 million.
9. Throughout 2004 until I arranged to withdraw from representation of Douglas Cohn and H-Quotient in various matters, I regularly had discussions with Kathryn Cohn concerning H-Quotient business, statements for services and expenses advanced, and other related matters including the various lawsuits involving H-Quotient and her husband.
10. Following the jury verdict in the Rao case on February 24, 2005, I spoke with Kathryn Cohn who stated that the verdict was financially “manageable” and within the expectations of both her and her husband, and that they would shortly make arrangements to pay my outstanding fees and expenses.
11. On April 6, 2005, unbeknownst to me, Douglas Cohn transferred by warranty deed his interest in real estate, his personal residence, to his wife for no consideration. A certified copy of the deed effecting the transfer has been filed with this court in this action. Douglas Cohn prepared the deed. The transfer occurred shortly after a discussion with Douglas Cohn concerning settlement of my claim for fees and expenses. During the discussion, I requested that Douglas Cohn provide a mortgage on the property for any future payments to be made. He refused.
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12. Kathryn Cohn is a shareholder in H-Quotient and Standard Holdings Group or has a beneficial interest in certain shares of stock in both H-Quotient and Standard Holdings Group. Kathryn Cohn is a de facto officer and key employee in her husband’s companies including H- Quotient and Standard. The companies conduct their businesses out of the Cohn residence at 6601 Georgetown Pike, the same property which he has transferred to his wife for no consideration on April 6, 2005. The only address provided by Mr. Cohn to me for Standard was his personal residence. I have not been able to locate an independent address or business location for Standard other than their personal address since the company supposedly started conducting business in early 2005.
FURTHER, AFFIANT SAYETH NAUGHT.
STATE OF OHIO )
)ss
COUNTY OF FRANKLIN )
The foregoing instrument was subscribed, sworn to and acknowledged before me this is’ day of July, 2005, by James P. Connors
My Commission expires:
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