Fox Valley Laborers' Health and Welfare Fund et al v. Subsurface Underground Construction Inc. et al

Filing 77

MOTION by Plaintiffs Pat Shales, The Fox Valley Laborers' Pension Fund for judgment Judgment Creditors' Motion For Entry Of Conditional Judgment (Attachments: # 1 Exhibit A-C, # 2 Certificate of Service)(Rowe, Elizabeth)

FRED BOSWELL
FOX VALLEY vs SUBSURFACE UNDERGROUND

October 13, 2016
1–4

800.211.DEPO (3376)
EsquireSolutions.com

YVer1f

FRED BOSWELL
FOX VALLEY vs SUBSURFACE UNDERGROUND
Page 5

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

A. Okay.
Q. Please wait until I'm done asking a
question before giving your answer. If you
interrupt to give an answer, the court reporter
will have trouble writing down who's saying which
words. If you don't hear my question, please ask
me to repeat it. If you don't understand my
question, please ask me to rephrase it.
Do those instructions make sense?
A. Yes.
Q. Are you taking any drugs or medication
today that would prevent you from hearing my
questions and responding truthfully?
A. No.
Q. Would there be any other reason you
couldn't testify fully and accurately today?
A. No.
Q. We're here for the deposition of
KB Utility Services. Do you have a job title with
KB Utility Services?
A. Not officially. I'm the manager I guess
is the best way to call it. I have a silent owner
who's my business partner.
Q. I'm sorry, a solid owner?

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

A. Silent. She doesn't deal with the
day-to-day business.
Q. What's her name?
A. Kim Angerman.
Q. So as manager, are you an employee or an
independent contractor?
A. Employee.
Q. Okay. You get a W-2?
A. Yes.
Q. All right. How long has KB Utility
Services been around?
A. We started April, I believe. I'm not
sure the exact date in April.
Q. Is KB Utility Services incorporated?
A. We are a corporation.
Q. What's the exact name of K B /AOU
/TEUPLTS?
A. KB Utility Services Corporation.
Q. Okay. When did KB incorporate? In
April?
A. April.
Q. I asked because I was having trouble
locating it on the Secretary of State's listing.
Do you know if it's K.B?

October 13, 2016
5–8
Page 7

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

A. It's KB together. Actually, I think I
have one of my business cards. I think we
incorporated out of Florida. She handled all of
that.
Q. By "she" you mean Kim?
A. Kim. She has another business, so she
knew. We go by KB US, but our official name is
KB Utility Services.
MR. GROFF: Okay. I'm going to mark
Exhibit 1.
(WHEREUPON, a certain document was
marked Exhibit No. 1, for
identification, as of 10-13-16.)
BY MR. GROFF:
Q. You got this document in the mail?
A. Yes.
MR. GROFF: Okay. And I'm going to mark
Exhibit 2 while we're on that subject.
(WHEREUPON, a certain document was
marked Exhibit No. 2, for
identification, as of 10-13-16.)
BY MR. GROFF:
Q. And this is the return receipt that you
signed for it?

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Page 8
A. Yes, it is.
Q. That's your signature on there?
A. Yes, it is.
Q. Okay. And the stamp that says
August 30, is that when you got this document -I'm sorry, when you got Exhibit 1 in the mail?
A. I believe so. I don't remember, to be
honest.
Q. Okay. If you turn to Page 2 of this
document, do you see the numbered list 1, 2 and 3?
A. Yes.
Q. Did you bring any documents with you
today?
A. No, there are no written contracts
between me and Subsurface or Bob Nickelson.
Q. Okay. Who else works for KB?
A. Bob does part-time. Bob Nickelson does
part-time.
Q. Okay.
A. He does estimating for me.
Q. Okay.
A. And then I have another employee, Robert
Martinez.
Q. Okay.

Page 6

800.211.DEPO (3376)
EsquireSolutions.com

YVer1f

FRED BOSWELL
FOX VALLEY vs SUBSURFACE UNDERGROUND
Page 9
1

A.

Page 11

Robin Nickelson does part-time.

24

1
Q. Robin Nickelson?
2
A. Yes.
3
Q. Is that a relative of Bob?
4
A. That's his mother, yes.
5
Q. Okay.
6
A. She does filing and stuff for me.
7
Q. Okay.
8
A. On an as-needed basis.
9
Q. And what was Martinez's name?
10
A. Robert.
11
Q. Robert Martinez. Okay. What does he
12
do?
13
A. He's a laborer.
14
Q. Okay. And anyone else?
15
A. That's it.
16
Q. Okay. Do you know someone named Matthew 17
Sliwkowski, S-L-I-W-K-O-W-S-K-I?
18
A. I met him a couple of times.
19
Q. Does he have anything to do with KB?
20
A. No, he was tied in with Subsurface, and
21
then we leased a truck from him.
22
Q. Okay. When did you meet him?
23
A. Oh, goodness. January, 2015 maybe.
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Q. Okay. Where did you meet him?
A. In Elgin, at Subsurface's office.
Q. When did you first meet Bob Nickelson?
A. Late summer, early fall of 2014.
Q. Okay. And how did you meet him?
A. A friend of a friend.
Q. Okay. What were you doing before you
were working for KB or before you started KB?
A. I worked at Subsurface.
Q. Okay.
A. I was a foreman there.
Q. Okay. How long were you working as a
foreman at Subsurface?
A. I was there -- I believe I started in
May, and I went till January, February of this
year.
Q. Okay. So May, you mean May, 2015?
A. Yes. I'm trying to think. I think it
was May. I don't remember the exact start date, to
be honest with you.
Q. And how do you know Kim Angerman?
A. That was Bob's girlfriend.
Q. Okay. And Kim -- does Kim have a title
with the company, like president or vice president?

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

October 13, 2016
9–12

Page 10

A. She is president.
Q. Okay. And does she own all of the
company?
A. She owns all the company.
Q. Okay. Is Bob Nickelson en employee of
the company or independent contractor?
A. Employee of the company.
Q. Are there any other officers besides
Kim?
A. No. We have never officially made me an
officer.
Q. Okay. Nobody's vice president?
A. No. I'm supposed to be, but I've never
signed the paperwork.
Q. Okay.
A. Every time something's happened, I've
had to go out of town.
Q. So you're planning to become vice
president?
A. Yes, I plan to be, but I've never signed
the paperwork to make it legal and official.
Q. Is there a current treasurer?
A. No.
Q. Is there any plan to make anyone
Page 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

treasurer?
A. No.
Q. What about secretary, is there a current
secretary?
A. No.
Q. Any plan to make anyone secretary?
A. No. All our accounting is handled by
the accounting firm.
Q. Is that Robert Tardella?
A. Yes.
Q. Are there any other -- just to make
sure, are there any other employees of KB Utility
who we haven't talked about?
A. We've had a few come and go. We hired a
guy in St. Louis, but he's temporary help.
Q. Okay.
A. So I don't know if you want to classify
him as a full-time employee or not.
Q. When did he work for KB?
A. The last two weeks.
Q. Is he done working for KB now?
A. We're not sure now. If we pick up more
work in St. Louis, he'll work for us. If we don't,
then --

800.211.DEPO (3376)
EsquireSolutions.com

YVer1f

Exhibit B