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)

Download PDF
FRED BOSWELL FOX VALLEY vs SUBSURFACE UNDERGROUND October 13, 2016 1–4 800.211.DEPO (3376) 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) 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) YVer1f Exhibit B

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?