Exhibit A

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HUSCH BLACKWELL LLP

Steven E. Holtshouser, MO 33531 (admitted pro hac vice)

Erin D. Knese, MO 70171 (admitted pro hac vice)

190 Carondelet Plaza, Suite 600

St. Louis, MO 63105

Phone: 314-480-1500 

steve.holtshouser@huschblackwell.com

erin.knese@huschblackwell.com

DICKINSON WRIGHT PLLC

Scot L. Claus, AZ 014999

1850 North Central Avenue, Suite 1400

Phoenix, AZ 85004-4568

Phone: (602) 285-5000

courtdocs@dickinsonwright.com

Attorneys for Plaintiff/Counterdefendant, 

Merola Sales Company, Inc. and for Third-Party

Defendants, Home Depot U.S.A., Inc. and Home

Depot Product Authority, LLC

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Merola Sales Company, Inc., 

Plaintiff/Counterdefendant,

vs. 

Tabarka Studio, Inc., 

Defendant/Counterclaimant. 

No. CV-18-00248-PHX-SPL

DECLARATION OF JOHN 

MEROLA IN SUPPORT OF 

THIRD PARTY DEFENDANTS’ 

MOTION TO DISMISS

Tabarka Studio, Inc., 

 Third Party Plaintiff, 

vs. 

Home Depot Product Authority, 

LLC, et al., 

 Third Party Defendants. 

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DECLARATION OF JOHN MEROLA

I, JOHN MEROLA, hereby declare:

1. I am over the age of 18 years old and make this Declaration in support of Third 

Party Defendants’ Home Depot Product Authority, LLC (“HDPA”) and Home Depot U.S.A., 

Inc. (“HDUSA”) (collectively, “Home Depot Entities”) Motion to Dismiss for Lack of 

Personal Jurisdiction and Improper Venue (the “Motion”). 

2. I am the Division President of the Home Depot Entities’ co-(counter) defendant, 

Merola Sales Company, Inc. (“Merola”).

3. I am a principal and custodian of records for Merola. 

4. I have personal knowledge of the matters set forth herein, either as a direct 

participant in the matters described or in my capacity as a principal and custodian of records 

for Merola. As to those matters, my knowledge is based upon a review of the files maintained 

by Merola in its regular course of business. Unless otherwise stated herein, I am familiar with 

the manner in which those files are created and maintained. If called and sworn as a witness, I 

could and would competently testify to the matters set forth herein.

5. I have read the First Amended Third Party Complaint and know its contents.

Merola’s Tile Sales through Home Depot

6. Merola sells ceramic tiles to and through wholesale customers and to end users. 

Merola and HPDA are parties to a “Supplier Buying Agreement.” Under the agreement, 

Merola sells tiles to end user customers through HDPA’s website and ships the tiles directly 

to the customer or to a HDUSA store for pick-up by the customer. Included amongst the tiles 

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sold through HDPA are the following named decorative ceramic tiles: Archivo Lattice, 

Archivo Ornate, Archivo Fleur de Lis, and Archivo Mandir (the “Accused Tiles”). 

7. When a customer purchases one or more of the Accused Tiles through Home 

Depot, the purchase must be made online, through HomeDepot.com. The Accused Tiles are 

not stocked in HDUSA’s physical retail stores, including those in Arizona, and are not 

available as an in-store item. 

8. To purchase one or more of the Accused Tiles, the customer points and clicks 

on the item to order it on HomeDepot.com. 

9. Upon checking out, the customer chooses delivery “Direct to Home” or “Direct 

to Store.” If the customer chooses the “Direct to Store” option, Merola ships the purchased 

product to a local HDUSA store chosen by the customer. Once it arrives at the local HDUSA 

store, HDPA notifies the customer to pick up the product. 

10. HDPA electronically sends the online orders to Merola through Merola’s 

ERP/EDI system. 

11. All orders of the Accused Tiles through HDPA’s website are shipped from 

Merola’s New Jersey warehouse. Merola’s computer system puts the ship-to address on the 

shipping ticket.

12. Merola processes and signs the order via UPS (for orders less than 250 pounds) 

or via Truck (for orders over 250 pounds). 

13. Merola sends the customer the tracking information and invoice electronically.

Executed on June 7, 2018 at Atlantic City, New Jersey. 

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