Tim Gay & Associates P.C.
(602) 762-3210
Bankruptcy Trial
Represented debtor in alleged misconduct case. After lengthy testimony the Judge ruled exonerating the debtor stating "of all the evidence, the testimony of Mr. Gay is the relevant ... Mr. Gay's opinion which the court adopts ... "
Jury Trial
Represented insurance carrier in $8 million bad faith case. Midway through Tim Gay's cross examination the plaintiff ended. The jury ruled accepting Tim's testimony and awarded the plaintiff nothing.
No Trial - Alter Ego
Prepared a report and testified at deposition for the AZ Attorney General that the subsidiary of a major international corporation was in fact the alter-ego of that corporation. After Mr. Gay's deposition, the report and testimony provided for the foundation for a very substantial settlement for the Federal and State environmental protection agencies.
Jury Trial Damages
The verdict/order for judgment read in part "The calculation of lost profits is based on Mr. Gay's credible expert testimony as follows:"
Special Order of the Court
By Court Order involving complex construction litigation, we provided a special report to all parties as to truth or falsity of statements made in the complaint. Our report was accepted by all parties and the Court exonerated the defendant.
Receivership
Took over all operations of an import and distribution company with a large number of out-of-state shareholders. Successfully held shareholders' meetings to adopt new corporate resolutions, board of directors and management.
Federal Court Appeal
Employed by an international company, Tim's analysis and report was utilized to successfully overturn a verdict of millions and reducing it to a fraction. The attorney who hired Mr. Gay is now a Federal District Judge.
Non-Litigation - Fairness Opinion
Engaged by the board of directors of a major airline to value certain operations to provide pricing and to support their decision regarding sale.
tgay@tgapc.net (602) 762-3210
www.tgapc.net © 2016
Professional Designations and Affiliations:
Licensed as a Certified Public Accountant (CPA) in Arizona, 1971
Certified Valuation Analyst (CVA), National Association of Certified Valuation Analysts
Member - American Institute of Certified Public Accountants
Member - Arizona Society of Certified Public Accountants
Organizer & Former Board Member – Association for Corporate Growth
Founding Member & Director - Merger & Acquisition Roundtable
Former Board Member - Turnaround Management Association
Education and Special Training:
Bachelor of Science in Accounting, Arizona State University, 1968
Numerous Continuing Professional Education Courses
Professional Experience:
With over 35 years of public accounting and management consulting experience, Mr. Gay currently specializes in litigation support, bankruptcy, business valuation and merger & acquisition services. Mr. Gay has qualified as an expert witness in Maricopa County Superior Court, Federal Bankruptcy Court, Federal Court and U.S. Tax Court. Mr. Gay has been appointed as an Examiner by the U.S. Department of Justice and as Chapter 11 and Chapter 7 Trustee by the U.S. Bankruptcy Court. Cases in which Mr. Gay has testified as an expert witness in recent years are listed below.
DATE CASE NAME TESTIMONY
- 2000 Swift v. Rowland Custom Homes, Inc. Trial
- 2000 Rita Steer, et al v. Kim Eggleston, et al. Arbitration
- 2000 A&A Enterprises, Inc. v. R.L. Monks Construction Arbitration
- 2000 Cox v. Moseley, et al. Arbitration
- 2000 10K,LLC adv. West Maricopa Combine Trial Testimony
- 2001 Steven Gitt, M.D., P.C. v. Steven Wiener, M.D. Deposition
- 2001 Vision Chemicals, Inc. v. Apex Chemical, et al Deposition & Jury Trial
- 2001 State Compensation Fund, et al., v. Yellow Cab Co. of Phoenix, et al. Deposition
- 2001 Consumer Guaranty Corp v. Jacobson and Sims Deposition
- 2002 Consumer Guaranty Corp v. Jacobson and Sims Trial
- 2002 Boral Ins. Ltd, et al. v. Columbian Steel Tank Co. Deposition
- 2002 Xyron v. Gustafson Trust Deposition/Trial
- 2002 Claudette Lutz v. Glendale Union High School District et al. Jury Trial
- 2002 Yellow Cab Deposition
- 2002 ACMR, Inc., et al. v. Universal Teleservices Arizona Corp. ("UTA") et al. Deposition
- 2002 Bowen v. City of Phoenix Deposition
- 2002 MJS Holdings and Babes Entertainment Deposition
- 2003 Deborah Van Velzer vs. Crown Golf Properties, L.P., et al. Arbitration
- 2003 Estate of John H. Cassidy, et al. vs. Ornda Healthcorp of Phoenix, Inc., et al. Deposition
- 2003 Semple & Cooper, LLP adv. Aerotech Deposition
- 2004 Szymanski v Mayo Clinic, et al. Deposition
- 2004 Hamel Dissolution Testimony
- 2004 L. R. Nelson Construction, Inc. & L. R. Nelson and Associates, Inc. Testimony
- 2004 John Killingsworth v. State Farm Mutual, et al. Deposition
- 2005 MPNS, Inc. an Arizona Corporation vs. Witasick & Parker et al. Deposition
- 2005 Lawrence Spitz, et al. v. Recreation Centers of Sun City, et al. Trial Testimony
- 2005 Ernest Tamayo Deposition
- 2005 Borsand v. Marouk, et al. Deposition
- 2005 Imperial Lithograph Deposition
- 2005 AAA Van & Truck Wrecking, Inc. Hearing
- 2005 Raven Rock Trial / Hearing
- 2006 Borsand v. Marouk, et al. Deposition
- 2006 Lauretti v. Southwest Forest Products, Inc. Deposition
- 2006 James E. MacDonald adv. Pebble Technology, Inc. Deposition / Arbitration
- 2006 ANMP v. Pamela & Darrell Coulter, et al. Deposition
- 2007 State of Arizona, et al. v. Fiesta Canning Company, Inc. Deposition
- 2007 Next Phase Enterprises, LLC v. Action Performance Companies, Inc., et al. Deposition
- 2007 Edward L. Hohn and Patty J. Hohn, debtors Hearing (3)
- 2007 Magnet Capital, L.P. v. Auer Precision Stamping, Inc., et al. Deposition
- 2008 McKesson Medical v. Caccavale, et al. Deposition
- 2008 Edward L. Hohn and Patty J. Hohn, debtors Hearing
- 2008 Johnston Shield, LLC Hearing / Testify
- 2008 Sacred Heart Hospice Hearing / Testify
- 2009 McKesson Medical v. Caccavale, et al. Trial Testimony
- 2009 Edward L. Hohn and Patty J. Hohn, debtors Hearing
- 2009 Wozniak v. EMC Insurance Testify
- 2010 Mesa Bank v. Thomas Alexander, Capital Title Agency, et al. Trial Testimony
- 2011 Sacred Heart v. Scott McWilliams Trial Testimony
- 2012 Az. State Department of Environmental Quality v. Fiesta Canning Trial Testimony
- 2013 Schaub v. Gundala, et al Deposition & Jury Trial
Teaching:
Mr. Gay has taught other CPA’s, attorneys, bankers, graduate students, corporations and business organizations on a variety of topics including:
Bankruptcy
Business Planning
Employee Stock Ownership Plans (ESOPs)
Accounting and Tax
Business Valuation
Research
Damage Calculations
Fairness Opinions
Employment History:
Tim Gay & Associates, P.C, 2011 – current – practicing in same areas as Toback
Sierra Consulting Group, LLC, 1995 – 2010 Practice emphasis in litigation support, bankruptcy, business valuation and merger and acquisition services.
Toback & Company, P.C., 1989 - 1995; Director. Practice emphasis in litigation support, bankruptcy and business valuation services.
Gatson & Gay, P.C., 1984 - 1989; Partner. Practice emphasis in auditing, consulting and litigation support. Merged with Toback & Company, P.C. in 1989.
Community Activities
Christians in Commerce (A Christian businessmen's organization)
Catholic Cemeteries, Board of Directors
St. Anthony’s School, Board of Directors
Diocese of Phoenix School Board
Japanese Friendship Gardens Board of Directors
Az. State Bar LLC Litigation Sub-Committee
"Jury awards $11M to former McKesson rep."
Tim Gay's testimony was critical to the stunning successful counter-suit. McKesson case listed as number four of the Top Ten Civil Verdicts of 2009.
Arizona Republic: Expert Witness testimony in headline case was central to the legal team's landmark victory.
1 - 2
<
>