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LAW OFFICES OF
WALKUP, MELODIA, KELLY & SCHOENBERGER
APRCFESSIONAL CORPORATION:
650 CALIFORNIA STREET, 26" FLOOR
SAN FRANCISCO, CALIFORNIA 94108-2615
FILED
SAN MATEO COUNTY
T: (415) 981-7210 - F: (415) 391-6965
DEC 8 1 2019
MATTHEW D. DAVIS (State Bar #141986)
mdavis@walkuplawoffice.com wy Op eae
SPENCER J. PAHLKE (State Bar #250914)
spahlke@walkuplawoffice.com a
VALERIE N. ROSE (State Bar #272566)
vrose@walkuplawoffice.com
ATTO! EYS FOR PLAINTIFFS
BRICEIDA LOPEZ AND JOSE SOLIS
SUPERIOR COURT:OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
11
123
12 BRICEIDA LOPEZ, an individual, JOSE Case No. 18CIV01696 Sha
SOLIS, an individual,
13 PLAINTIFFS’ INDEX OF EVIDENCE _
Plaintiffs, AND EVIDENCE IN OPPOSITION TO
14 THE AMERIGAS DEFENDANTS’
Vv. MOTION FOR SUMMARY JUDGEMENT
15 OR, IN THE ALTERNATIVE, SUMMARY
PAUL BONIFACIO, an individual, ADJUDICATION
16 MARGARET HYUN, an individual,
AMERIGAS PROPANE, L.P., a business Date: 01/14/2020
17 entity, AMERIGAS PROPANE, INC, a Time: 9:00 a.m.
corporation, AMERIGAS, INC., a corporation, Dept.: Law and Motion
18 and DOES ONE through ONE-HUNDRED,
inclusive, Action Filed: April 6, 2018
19 Trial Date: February 18, 2020 /
Defendants.
20
21 Exhibit A: Relevant pages from Deposition of James Palkovic.
22 Exhibit B: Relevant pages from Deposition of Kevin Rumbelow.
23 Exhibit C: Relevant pages from Deposition of Christopher Wagner; Exhibit 96,
24 Exhibit 98, and Exhibit 103 attached thereto.
25 Exhibit D: | Relevant pages from Deposition of Lisa Whitmire; Exhibit 110 attached
26 thereto.
27 Exhibit E: Response of AmeriGas Propane, L.P. to Plaintiff Briceida Lopez’s First Set
28 of Special Interrogatories.
LAW OFFICESOF
WALKUP, MELODIA, KELLY 1
NTSSIONA ION -PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO AMTERIGAS DEFENDANTS’
1650 CALIFORNIA STREET
SAN FRANEISCO,
15) 7210
CA 04108 MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696
~-
Exhibit F: Relevant pages from Deposition of David Artero; Exhibit 102 attached
thereto.
Exhibit G: Relevant pages from deposition of Michael Hoffman.
Exhibit H: Relevant pages from deposition of Calvin Svobada.
Exhibit I: Relevant pages from Deposition of Osvaldo Zarate-Sanchez.
Exhibit J: Relevant pages from Deposition of Rob Scott.
Exhibit K: Relevant pages from Deposition of Craig Harvey; Exhibit 21 and Exhibit
214A attached thereto.
Exhibit L: Declaration of Joseph Romig in Support of Plaintiffs’ Opposition to
10 AmeriGas Defendants’ Motion for Summary Judgment or, in the Alternative, Summary
11 Adjudication; Exhibit A (Curriculum Vitae) attached thereto.
12 Exhibit M: Relevant pages from Deposition of Allen Riley.
13 Exhibit N: Relevant pages from Deposition of Margaret Hyun.
14 Exhibit O: Relevant pages from Deposition of Cory Sherlock.
15 Exhibit P: Excerpts from Plaintiff Briceida Lopez’s medical records.
16 Exhibit Q: Excerpts from Plaintiff Jose Solis’s medical records.
17 Exhibit R: Relevant pages from Deposition of Briceida Lopez.
18 Exhibit S: Relevant pages from Deposition of Jose Solis.
19 Exhibit T: Relevant pages from Deposition of Hiroki Asai.
20 Exhibit U: Declaration of Michael Pechner in Support of Plaintiffs’ Opposition to
21 AmeriGas Defendants’ Motion for Summary Judgment or, in the Alterative, Summary
22 Adjudication.
23 Exhibit V: Relevant pages from Deposition of Jeffrey Place.
24 Exhibit W: Declaration of James F. McMullen in Support of Plaintiffs’ Opposition to
25 AmeriGas Defendants’ Motion for Summary Judgment or, in the Alterative, Summary
26 Adjudication; Exhibit A (Curriculum Vitae), Exhibit B (Rule 26 Report), Exhibit C (Placer
27 County Ordinance No. 5691-B), Exhibit D (Placer County Ordinance No. 5847-B) attached
28 thereto.
LAW OFFICES OF
‘WALKUP, MELODIA, KELLY 2
|AFROFESONA! CORPORATION
‘650 CALIFORNIA STREET PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO AMTERIGAS DEFENDANTS’
SAN (415)FRANEIEEO,
CA 06108
981-1210 MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696
Noe-
Exhibit X: AmeriGas Partners, L.P.’s Annual Report Pursuant to Sections 13 or 15(d)
of the Securities Exchange Act of 1934 for the Fiscal Year Ended September 30, 2016.
Exhibit Y: AmeriGas Partners, L.P.’s Form 8-K Filing Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934 dated June 18, 2014.
Exhibit Z: Intentionally omitted,
Exhibit AA: AmeriGas Propane, Inc.’s Statement and Designation by Foreign
Corporation, filed with the Office of the Secretary of State of the State of California on March 22,
1995.
Exhibit BB: AmeriGas Propane, Inc.’s Amended Statement by Foreign Corporation,
10 filed with the Office of the Secretary of State of the State of California on October 31, 1995.
11 Exhibit CC: AmeriGas Propane, Inc.’s Statement of Information, filed with the Office of
12 the Secretary of State of the State of California on February 13, 2018.
13 Exhibit DD: AmeriGas Propane, Inc.’s Statement of Information, filed with the Office of
14 the Secretary of State of the State of California on March 4, 2019.
15 Exhibit EE: AmeriGas Propane, L.P.’s Application for Registration of a Foreign
16 Limited Partnership, filed with the Office of the Secretary of State of the State of California on
17 March 31, 1995.
18 Exhibit FF: AmeriGas, Inc.’s Statement of Information, filed with the Office of the
19 Secretary of State of the State of California on April 27, 2018.
20 Exhibit GG: AmeriGas, Inc.’s Statement of Information, filed with the Office of the
21 Secretary of State of the State of California on Mary 14, 2019.
22 Exhibit HH: Trademark License Agreement between UGI Corporation, AmeriGas, Inc.,
23 AmeriGas Propane, Inc., AmeriGas Partners, L.P., and AmeriGas Propane, L.P. dated April 19,
24 1995.
25 Exhibit II: First Amendment to Trademark License Agreement dated November 18,
26 2015.
27 Exhibit JJ: Guide for Local Amendments of Building Standards, 3rd Edition, published
28 by the California Building Standards Commission in May 2019.
LAW OFFICES OF
‘Waldo? MELODIA, KELLY 3
-APROFESSONN. CORPORATION
‘650 CALIFORNIA STREET PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO AMTERIGAS DEFENDANTS’
SAN FRANC CA 04108
(615) 981-7210
MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696
7-
\
1 Exhibit KK: Declaration of Valerie N. Rose in Support of Plaintiffs’ Opposition to
2 || AmeriGas Defendants’. Motion for Summary Judgment .or, in the Alterative, Summary
3 || Adjudication.
4 || Dated: December 31, 2019 WALKUP, ME!
5
6
By:
MATTHE D/DAVIS
SPENCER J. PAHLKE
VALERIE N. ROSE
Attorneys for Plaintiffs
BRICEIDA LOPEZ AND JOSE SOLIS
10
i
12
13
14
15
16
17
18
19
20
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22
23
24
25
26
27
28
LAW OFFICESOF
2, MELODLA, KELLY
‘&PaSCSDNAL
SCHOENBERGER 4
COR
1650 CALIFORNIA STREET PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO. AMTERIGAS DEFENDANTS’
\ANCISCO, MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696
15) 981-7210
Exhibit A
ro
\
Ne
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
BRICEIDA LOPEZ, et al
Plaintiffs,
vs. Case No. 18CIV01696
10
11 PAUL BONIFACIO, et al.,
12
13 Defendants.
14
15 Videotaped deposition of
16 JAMES PALKOVIC
17
18
November 21, 2019
19 12:07 p.m.
20 Taken at:
Sheraton Cleveland Airport Hotel
21 5300 Riverside Drive
Cleveland, Ohio
22
23
24 Patricia L. Cordiak, RPR, Notary Public
25 Pages 1- 165
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I believe there is, but I'm not sure if that's
changed with the UGI or not, so -- but
AmeriGas ae AmeriGas Propane LP.
Q. And that company was recently
acquired by a company called UGI?
A That is correct.
Q What do you refer to your employer
as, AmeriGas?
A I do.
10 Q That's what I'll refer to your
12 company as throughout this deposition.
12 A Understood.
13 Q Okay. And again, it's fine in
14 normal conversation, give a little pause before
15 you give an answer to my question. That's
16 simply to make the court reporter's job easy.
17 Otherwise, her fingers will catch on fire.
18 A. Understood
a2 ao Oka ed How Cong have) you y &WoL
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as wiSess Gf Che) ordpans industry?
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oe, oe “i «
a2) © 3 ® Uy erstan om )Ehee yeu are He: | VAC!
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c o
vee oper pos spree crear
de Operatiy wester EAuk¢ MeeiSte
® os
@ Ghee seer
3 ree
operat: ake Gis}
gz
@) wpresident, western. regio
Q How long have you held that title?
A I'm not really sure. However, you
can ae I have a page that AmeriGas put up on
LinkedIn that you can see the specific dates
and times. My title has changed over the
10 years, but at least five years, I believe.
11 Q I did find something on the
12 Internet. Let's mark it as Exhibit 250.
13 MR. DAVIS: Hey, Julie, we're
14 getting a little background noise. Do you mind
15 muting your phone?
16 MS. AZEVEDO: Oh, I'm sorry.
17 MR. DAVIS: That's okay.
18 - - - -
19 (Thereupon, Deposition Exhibit 250,
20 Web Page, was marked for purposes of
21 identification.)
22 - - - -
23 THE WITNESS: Thanks.
24 Q Okay. Mr. Palkovic, you have in
25 front of you Exhibit 250.
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_-
I don't know specifically. It's -- I believe
probably five to six years. Whenever he
started with the company.
Q And to whom does Mr. Rosback
report?
A Hugh Gallagher, who is the chief
executive officer of AmeriGas.
Q How long has Mr. Gallagher been the
CEO of the company?
10 A. Close to a year, I believe.
iL Q. And who preceded him?
12 A Jerry Sheridan, who was also a CEO.
13 Q With respect to your region, is it
14 correct that the entire state of California is
15 within your region?
16 A That is correct.
17 Q Would also the entire state of
18 Nevada be in your region?
19 A. That is correct.
soe
26: © in how many of Che SO Etates) does)
Americas operate?
22 So.
23 Q Is it correct that AmeriGas has
24 approximately 8,500 employees?
25 A It sounds correct.
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involvement with the Heritage acquisition at
that time was the data conversion and a
similization -- and assimilation of those
locations onto our ERP platform
ae oD as Ge Corzste CHAE Ans
cong ee es
& Operates Che GEVenTs) Targ est) &ét ane
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ae,
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Your company is generally in the
10 business of selling and distributing propane?
11 A That is correct
12 Q I'm going to read to you a
13 statement that I found in the AmeriGas 2018
14 annual report "AmeriGas distributed over 1.1
15 billion gallons of propane in 2018 to over 1.7
16 million residential commercial/industrial
17 motor fuel agricultural and wholesale
18 customers in all 50 states
19 Is that a true statement to your
20 knowledge?
21 A If AmeriGas says that I would
22 believe that's a true statement
23 Q And does that generally comport
24 with what you know about the company?
25 A Yes
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Q In other words, your company in the
last calendar year distributed over a billion
gallons of propane?
A I can't answer that. Io am not
sure. But you can certainly reference our
annual report to see exactly how many gallons
we delivered.
38
8) G8 ang 3 wh be ems)2 &
s Gistomes ow mdny Peside
Sa al Customers are:
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18 And of your residential customers,
19 how many of them receive their propane by way
20 of delivery to an aboveground tank?
21 A I wouldn't be able to answer that.
22 I can say the vast majority do.
23 Q 100,000 plus, would that be a fair
24 estimate?
25 A I --
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MR. HULTQUIST: Object to the form.
Speculation.
A Yeah, it's speculation. I -- I
can't say if it would be more than or less.
Q Many thousands, is that fair?
Definitely fair.
we A Sow
Okay. 4} Eo
ore AuisEtdeS GaWWAD
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15 How many distribution locations are
16 there in the western region?
17 A We are approximately half of those
18 locations.
19 Q Okay. And within your region, is
20 it further divided up into districts?
21 A So the way our region works is you
22 have, from a hierarchy standpoint, you have the
23 overall western region. Within that region you
24 have areas. And within those areas you have
25 district locations below those. And underneath
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that.
A. Yes.
Okay. Now, did you meet did
that stick in your mind, the fact that this was
an explosion and fire that horribly injured two
people, it was an AmeriGas property and the
firefighters determined the likely cause was
cracked leaking pipes?
MR. HULTQUIST: Object to the form.
10 Compound, argumentative.
11 A. Repeat the question, please.
12 Q Did that incident, when you learned
13 about the facts of the incident, did it stick
14 in your mind?
15 MR. HULTQUIST: Object to the form.
16 A I still don't understand the facts
17 of the incident. I'd defer to my legal team
18 and safety team as far as what the results of
19 an investigation are and any next steps.
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aA CO La Vy Ly\ LAW OFFICES OF WALKUP, MELODIA, KELLY & SCHOENBERGER APRCFESSIONAL CORPORATION: 650 CALIFORNIA STREET, 26" FLOOR SAN FRANCISCO, CALIFORNIA 94108-2615 FILED SAN MATEO COUNTY T: (415) 981-7210 - F: (415) 391-6965 DEC 8 1 2019 MATTHEW D. DAVIS (State Bar #141986) mdavis@walkuplawoffice.com wy Op eae SPENCER J. PAHLKE (State Bar #250914) spahlke@walkuplawoffice.com a VALERIE N. ROSE (State Bar #272566) vrose@walkuplawoffice.com ATTO! EYS FOR PLAINTIFFS BRICEIDA LOPEZ AND JOSE SOLIS SUPERIOR COURT:OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 123 12 BRICEIDA LOPEZ, an individual, JOSE Case No. 18CIV01696 Sha SOLIS, an individual, 13 PLAINTIFFS’ INDEX OF EVIDENCE _ Plaintiffs, AND EVIDENCE IN OPPOSITION TO 14 THE AMERIGAS DEFENDANTS’ Vv. MOTION FOR SUMMARY JUDGEMENT 15 OR, IN THE ALTERNATIVE, SUMMARY PAUL BONIFACIO, an individual, ADJUDICATION 16 MARGARET HYUN, an individual, AMERIGAS PROPANE, L.P., a business Date: 01/14/2020 17 entity, AMERIGAS PROPANE, INC, a Time: 9:00 a.m. corporation, AMERIGAS, INC., a corporation, Dept.: Law and Motion 18 and DOES ONE through ONE-HUNDRED, inclusive, Action Filed: April 6, 2018 19 Trial Date: February 18, 2020 / Defendants. 20 21 Exhibit A: Relevant pages from Deposition of James Palkovic. 22 Exhibit B: Relevant pages from Deposition of Kevin Rumbelow. 23 Exhibit C: Relevant pages from Deposition of Christopher Wagner; Exhibit 96, 24 Exhibit 98, and Exhibit 103 attached thereto. 25 Exhibit D: | Relevant pages from Deposition of Lisa Whitmire; Exhibit 110 attached 26 thereto. 27 Exhibit E: Response of AmeriGas Propane, L.P. to Plaintiff Briceida Lopez’s First Set 28 of Special Interrogatories. LAW OFFICESOF WALKUP, MELODIA, KELLY 1 NTSSIONA ION -PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO AMTERIGAS DEFENDANTS’ 1650 CALIFORNIA STREET SAN FRANEISCO, 15) 7210 CA 04108 MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696 ~- Exhibit F: Relevant pages from Deposition of David Artero; Exhibit 102 attached thereto. Exhibit G: Relevant pages from deposition of Michael Hoffman. Exhibit H: Relevant pages from deposition of Calvin Svobada. Exhibit I: Relevant pages from Deposition of Osvaldo Zarate-Sanchez. Exhibit J: Relevant pages from Deposition of Rob Scott. Exhibit K: Relevant pages from Deposition of Craig Harvey; Exhibit 21 and Exhibit 214A attached thereto. Exhibit L: Declaration of Joseph Romig in Support of Plaintiffs’ Opposition to 10 AmeriGas Defendants’ Motion for Summary Judgment or, in the Alternative, Summary 11 Adjudication; Exhibit A (Curriculum Vitae) attached thereto. 12 Exhibit M: Relevant pages from Deposition of Allen Riley. 13 Exhibit N: Relevant pages from Deposition of Margaret Hyun. 14 Exhibit O: Relevant pages from Deposition of Cory Sherlock. 15 Exhibit P: Excerpts from Plaintiff Briceida Lopez’s medical records. 16 Exhibit Q: Excerpts from Plaintiff Jose Solis’s medical records. 17 Exhibit R: Relevant pages from Deposition of Briceida Lopez. 18 Exhibit S: Relevant pages from Deposition of Jose Solis. 19 Exhibit T: Relevant pages from Deposition of Hiroki Asai. 20 Exhibit U: Declaration of Michael Pechner in Support of Plaintiffs’ Opposition to 21 AmeriGas Defendants’ Motion for Summary Judgment or, in the Alterative, Summary 22 Adjudication. 23 Exhibit V: Relevant pages from Deposition of Jeffrey Place. 24 Exhibit W: Declaration of James F. McMullen in Support of Plaintiffs’ Opposition to 25 AmeriGas Defendants’ Motion for Summary Judgment or, in the Alterative, Summary 26 Adjudication; Exhibit A (Curriculum Vitae), Exhibit B (Rule 26 Report), Exhibit C (Placer 27 County Ordinance No. 5691-B), Exhibit D (Placer County Ordinance No. 5847-B) attached 28 thereto. LAW OFFICES OF ‘WALKUP, MELODIA, KELLY 2 |AFROFESONA! CORPORATION ‘650 CALIFORNIA STREET PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO AMTERIGAS DEFENDANTS’ SAN (415)FRANEIEEO, CA 06108 981-1210 MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696 Noe- Exhibit X: AmeriGas Partners, L.P.’s Annual Report Pursuant to Sections 13 or 15(d) of the Securities Exchange Act of 1934 for the Fiscal Year Ended September 30, 2016. Exhibit Y: AmeriGas Partners, L.P.’s Form 8-K Filing Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 dated June 18, 2014. Exhibit Z: Intentionally omitted, Exhibit AA: AmeriGas Propane, Inc.’s Statement and Designation by Foreign Corporation, filed with the Office of the Secretary of State of the State of California on March 22, 1995. Exhibit BB: AmeriGas Propane, Inc.’s Amended Statement by Foreign Corporation, 10 filed with the Office of the Secretary of State of the State of California on October 31, 1995. 11 Exhibit CC: AmeriGas Propane, Inc.’s Statement of Information, filed with the Office of 12 the Secretary of State of the State of California on February 13, 2018. 13 Exhibit DD: AmeriGas Propane, Inc.’s Statement of Information, filed with the Office of 14 the Secretary of State of the State of California on March 4, 2019. 15 Exhibit EE: AmeriGas Propane, L.P.’s Application for Registration of a Foreign 16 Limited Partnership, filed with the Office of the Secretary of State of the State of California on 17 March 31, 1995. 18 Exhibit FF: AmeriGas, Inc.’s Statement of Information, filed with the Office of the 19 Secretary of State of the State of California on April 27, 2018. 20 Exhibit GG: AmeriGas, Inc.’s Statement of Information, filed with the Office of the 21 Secretary of State of the State of California on Mary 14, 2019. 22 Exhibit HH: Trademark License Agreement between UGI Corporation, AmeriGas, Inc., 23 AmeriGas Propane, Inc., AmeriGas Partners, L.P., and AmeriGas Propane, L.P. dated April 19, 24 1995. 25 Exhibit II: First Amendment to Trademark License Agreement dated November 18, 26 2015. 27 Exhibit JJ: Guide for Local Amendments of Building Standards, 3rd Edition, published 28 by the California Building Standards Commission in May 2019. LAW OFFICES OF ‘Waldo? MELODIA, KELLY 3 -APROFESSONN. CORPORATION ‘650 CALIFORNIA STREET PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO AMTERIGAS DEFENDANTS’ SAN FRANC CA 04108 (615) 981-7210 MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696 7- \ 1 Exhibit KK: Declaration of Valerie N. Rose in Support of Plaintiffs’ Opposition to 2 || AmeriGas Defendants’. Motion for Summary Judgment .or, in the Alterative, Summary 3 || Adjudication. 4 || Dated: December 31, 2019 WALKUP, ME! 5 6 By: MATTHE D/DAVIS SPENCER J. PAHLKE VALERIE N. ROSE Attorneys for Plaintiffs BRICEIDA LOPEZ AND JOSE SOLIS 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICESOF 2, MELODLA, KELLY ‘&PaSCSDNAL SCHOENBERGER 4 COR 1650 CALIFORNIA STREET PLAINTIFFS’ INDEX OF EVIDENCE AND EVIDENCE IN OPPOSITION TO. AMTERIGAS DEFENDANTS’ \ANCISCO, MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION - CASE NO. 18CIV01696 15) 981-7210 Exhibit A ro \ Ne IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO BRICEIDA LOPEZ, et al Plaintiffs, vs. Case No. 18CIV01696 10 11 PAUL BONIFACIO, et al., 12 13 Defendants. 14 15 Videotaped deposition of 16 JAMES PALKOVIC 17 18 November 21, 2019 19 12:07 p.m. 20 Taken at: Sheraton Cleveland Airport Hotel 21 5300 Riverside Drive Cleveland, Ohio 22 23 24 Patricia L. Cordiak, RPR, Notary Public 25 Pages 1- 165 Page 1 Veritext Legal Solutions 866 299-5127 Cc NS I believe there is, but I'm not sure if that's changed with the UGI or not, so -- but AmeriGas ae AmeriGas Propane LP. Q. And that company was recently acquired by a company called UGI? A That is correct. Q What do you refer to your employer as, AmeriGas? A I do. 10 Q That's what I'll refer to your 12 company as throughout this deposition. 12 A Understood. 13 Q Okay. And again, it's fine in 14 normal conversation, give a little pause before 15 you give an answer to my question. That's 16 simply to make the court reporter's job easy. 17 Otherwise, her fingers will catch on fire. 18 A. Understood a2 ao Oka ed How Cong have) you y &WoL MO Ee ed ES €ES ae ri Gas: 2) ‘Ame creaarnvasmeri 2 ao aid ae Caw how Teng you Have) BETES as wiSess Gf Che) ordpans industry? Ae gf ‘Cox oe, oe “i « a2) © 3 ® Uy erstan om )Ehee yeu are He: | VAC! Page 14 Veritext Legal Solutions 866 299-5127 c o vee oper pos spree crear de Operatiy wester EAuk¢ MeeiSte ® os @ Ghee seer 3 ree operat: ake Gis} gz @) wpresident, western. regio Q How long have you held that title? A I'm not really sure. However, you can ae I have a page that AmeriGas put up on LinkedIn that you can see the specific dates and times. My title has changed over the 10 years, but at least five years, I believe. 11 Q I did find something on the 12 Internet. Let's mark it as Exhibit 250. 13 MR. DAVIS: Hey, Julie, we're 14 getting a little background noise. Do you mind 15 muting your phone? 16 MS. AZEVEDO: Oh, I'm sorry. 17 MR. DAVIS: That's okay. 18 - - - - 19 (Thereupon, Deposition Exhibit 250, 20 Web Page, was marked for purposes of 21 identification.) 22 - - - - 23 THE WITNESS: Thanks. 24 Q Okay. Mr. Palkovic, you have in 25 front of you Exhibit 250. Page 15 Veritext Legal Solutions 866 299-5127 C _- I don't know specifically. It's -- I believe probably five to six years. Whenever he started with the company. Q And to whom does Mr. Rosback report? A Hugh Gallagher, who is the chief executive officer of AmeriGas. Q How long has Mr. Gallagher been the CEO of the company? 10 A. Close to a year, I believe. iL Q. And who preceded him? 12 A Jerry Sheridan, who was also a CEO. 13 Q With respect to your region, is it 14 correct that the entire state of California is 15 within your region? 16 A That is correct. 17 Q Would also the entire state of 18 Nevada be in your region? 19 A. That is correct. soe 26: © in how many of Che SO Etates) does) Americas operate? 22 So. 23 Q Is it correct that AmeriGas has 24 approximately 8,500 employees? 25 A It sounds correct. Page 17 Veritext Legal Solutions 866 299-5127 -~ ( involvement with the Heritage acquisition at that time was the data conversion and a similization -- and assimilation of those locations onto our ERP platform ae oD as Ge Corzste CHAE Ans cong ee es & Operates Che GEVenTs) Targ est) &ét ane Saco et & dist ribiltion Gustine: ae, (By Phos Banke? jE See } gorr Your company is generally in the 10 business of selling and distributing propane? 11 A That is correct 12 Q I'm going to read to you a 13 statement that I found in the AmeriGas 2018 14 annual report "AmeriGas distributed over 1.1 15 billion gallons of propane in 2018 to over 1.7 16 million residential commercial/industrial 17 motor fuel agricultural and wholesale 18 customers in all 50 states 19 Is that a true statement to your 20 knowledge? 21 A If AmeriGas says that I would 22 believe that's a true statement 23 Q And does that generally comport 24 with what you know about the company? 25 A Yes Page 20 Veritext Legal Solutions 866 299-5127 C > Q In other words, your company in the last calendar year distributed over a billion gallons of propane? A I can't answer that. Io am not sure. But you can certainly reference our annual report to see exactly how many gallons we delivered. 38 8) G8 ang 3 wh be ems)2 & s Gistomes ow mdny Peside Sa al Customers are: TD » ' Gs Ge Eke western region? AE = €sm es 2 a ao BYE Knowhe 26H te hogs) ee stomens ae ae O45 Gan You Give am Eee eo as) ae Se probably G50) Ghat) would 66 an a @BEt LE Se 18 And of your residential customers, 19 how many of them receive their propane by way 20 of delivery to an aboveground tank? 21 A I wouldn't be able to answer that. 22 I can say the vast majority do. 23 Q 100,000 plus, would that be a fair 24 estimate? 25 A I -- Page 21 Veritext Legal Solutions 866 299-5127 MR. HULTQUIST: Object to the form. Speculation. A Yeah, it's speculation. I -- I can't say if it would be more than or less. Q Many thousands, is that fair? Definitely fair. we A Sow Okay. 4} Eo ore AuisEtdeS GaWWAD a 8; the st ‘Cement my)if et wo peer Qa Teport:. (FAneti @éz és) 6 } (customers 7 rom) Ee: yong: Lo jae Az sy M2 pro nS ne)@ listed ae aa x a) 2aeio al SB jogs Chat) Sound Vike @ Crue aa) wees BL eMe *at fiyen 1) WY, aE 3) Ba ae (Ax he Gp does.) 15 How many distribution locations are 16 there in the western region? 17 A We are approximately half of those 18 locations. 19 Q Okay. And within your region, is 20 it further divided up into districts? 21 A So the way our region works is you 22 have, from a hierarchy standpoint, you have the 23 overall western region. Within that region you 24 have areas. And within those areas you have 25 district locations below those. And underneath Page 22 Veritext Legal Solutions 866 299-5127 v - NC that. A. Yes. Okay. Now, did you meet did that stick in your mind, the fact that this was an explosion and fire that horribly injured two people, it was an AmeriGas property and the firefighters determined the likely cause was cracked leaking pipes? MR. HULTQUIST: Object to the form. 10 Compound, argumentative. 11 A. Repeat the question, please. 12 Q Did that incident, when you learned 13 about the facts of the incident, did it stick 14 in your mind? 15 MR. HULTQUIST: Object to the form. 16 A I still don't understand the facts 17 of the incident. I'd defer to my legal team 18 and safety team as far as what the results of 19 an investigation are and any next steps. = oB kay.) Gia Che face) Chat Ewe | “we se) Heer ED St GAyuELes | as an @ 22 mind? ee Sathe UTS HRD HUETO the Ss aw 25) 33 © Can CSV) You any ‘anyone is) Page 29 Veritext Legal Solutions 866 299-5127 o C— wee uy Gajared Under my Es B der) my, Watch ox outside) oo Be ee a ERS ‘Ss ef My @ ch Ano at, ) bE fe ve 3 wy O ad ‘tha: t) would OE vo 2 £63) ‘4 i23 & ident) fy ye @L Any cid aah, @ a f 22Q} BEY Gi@ you mest) Mr SHerlock,) ss he) he manager @ on theS & iekee 8) @ Sti) b ye: yb Eber my) eaaaes earns ed @ ie uries? 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