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Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court
Filing # 141229698 E-Filed 01/03/2022 02:29:46 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
DAVID AND DEWANDA STEELE,
CASE NO.: 21-0001034 CA
Plaintiffs,
vs.
GOOD2GO ROOFING &
CONSTRUCTION, LLC,
Defendant.
________________________________/
DEFENDANT’S NOTICE OF FILING THE TRANSCRIPT
OF THE LIMITED DEPOSITION OF CHAD DUDECK
Defendant, GOOD2GO ROOFING & CONSTRUCTION, LLC, by and through its
undersigned counsel, hereby notifies the Court and the parties that it has filed the transcript of
the limited deposition of CHAD DUDECK taken on November 15, 2021. Said transcript shall
be used for the sole purpose of the evidentiary hearing on the Motion to Abate and Compel filed
on September 13, 2021 and scheduled for January 11, 2022.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Filing
Limited Deposition of Chad Dudeck has been served by first-class, United States mail, postage
prepared and/or through the e-Filing portal of this court, on this 3rd day of January, 2022, upon
C. Brian Davidson, Esq. [e-mail: brian@panhandle-law.com], Davidson Law Firm, LLC, 747
Jenks Avenue, Suite H, Panama City, Florida 32401.
[Counsel’s signature block on Page 2 of 2]
Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court
Steele vs. Good2SGo Roofing & Construction
Case No. 21-0001034 CA
Notice of Filing Limited Deposition of Chad Dudeck
ST. DENIS & DAVEY, P.A.
Attorneys for Defendant
600 Brickell Avenue
Suite 1715
Miami, Florida 33131
Telephone: (305) 200-8674
Facsimile: (786) 687-0065
By: /s/ Michael Schiffrin
MICHAEL SCHIFFRIN, ESQ.
Fla. Bar. No.: 178240
[e-mail: MSchiffrin@SDTriallaw.com]
[Secondary e-mail: ine@aol.com]
MICHELLE VARGAS, ESQ
Fla. Bar No.77072
[e-mail: Michelle@SDTriallaw.com]
NADIA ENNAJI, ESQ.
Fla. Bar No. 1002738
[e-mail: Nadia@SDTriallaw.com]
Page 2 of 2
Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court
EXHIBIT A
Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court
1
1 IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
2 CASE NO. 21001034CA
3
DAVID AND DEWANDA STEELE,
4
Plaintiffs,
5
vs.
6
GOOD2GO ROOFING &
7 CONSTRUCTION, LLC.,
8 Defendant.
_______________________________________/
9
10 REMOTE DEPOSITION OF: CHAD DUDECK
11 ON BEHALF OF: The Plaintiffs
12 DATE: November 15, 2021
13 TIME: 11:50 a.m.
14 PLACE: Remote locations
15 REPORTED BY: Katherine Southall, FPR
16
17
18
19
20
21
22
23
24
25
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1 APPEARANCES:
2 C. BRIAN DAVIDSON, ESQ.
Davidson Law Firm, LLC
3 P.O. Box 609
Panama City, Florida 32402
4 (850)890-4296
brian@panhandle-law.com
5
Attorney For Plaintiffs
6
7 NADIA ENNAJI, ESQ.
St. Denis & Davey, P.A.
8 600 Brickell Avenue, Suite 1715
Miami, Florida 33131
9 (305)200-8674
nadia@sdtriallaw.com
10
Attorney For Defendant
11
12
13
14 INDEX OF WITNESS AND EXHIBITS
15 PAGE LINE
16 Testimony of CHAD DUDECK:
17 Direct Examination by Mr. Davidson 3 9
18 Certificate of Oath 23
Certificate of Reporter 24
19
20 (NO EXHIBITS WERE MARKED FOR IDENTIFICATION.)
21
22
23
24
25
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1 COURT REPORTER: Do you solemnly swear the
2 testimony you are about to give shall be the
3 truth, the whole truth, and nothing but the
4 truth, so help you God?
5 THE WITNESS: I do.
6 CHAD DUDECK
7 was called as a witness, and after having been first
8 duly sworn, was deposed and testified as follows:
9 DIRECT EXAMINATION
10 BY MR. DAVIDSON:
11 Q Could you tell us your name, please?
12 A Chad Dudeck.
13 Q How are you doing, Mr. Dudeck? I have been
14 horribly mispronouncing your name for at least
15 several months now.
16 A You would not be the first.
17 Q I'm just a country boy with a law degree, so
18 I saw that and I'm thinking it's Dudeck, and it's not
19 Dudeck, and I apologize. Say it for me again.
20 A Dudeck.
21 Q Dudeck, okay.
22 A Yeah. Basically just like it's spelled,
23 D-u-d-e-c-k, Dudeck.
24 Q Well see, in Russellville, Alabama, we do
25 E -- E's only go one way. It's "eck." So if y'all
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1 are ever doing roofing work up there, you need to
2 change the E to an A for people to pronounce your
3 name correctly.
4 So I don't know how long your deposition is
5 going to take. Have you ever given a deposition
6 before?
7 A Yes, sir.
8 Q Okay. I thought maybe you had, being a
9 business owner. Most business owners have.
10 Were they civil cases, criminal cases?
11 A Civil.
12 Q Okay. Involving Good2Go and probably --
13 A Actually, most of the time, it was usually
14 like a homeowner versus an insurance company or vice
15 versa, and I was just a guy providing a quote.
16 Q Okay. That's fair enough. So you've been
17 through it. So basically I'm going to ask you
18 questions. If you don't understand something I ask
19 you, just let me know, I'll rephrase it. That
20 happens periodically.
21 If you need to talk to your lawyer about
22 anything, you can just let us know and we can jump
23 off the Zoom for a minute and you can chat with your
24 lawyer. I don't think you'll probably need to.
25 I don't think this will take too terribly
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1 long. I think Mr. Pashoian probably helped clarify
2 my questioning a pretty good bit.
3 You are an owner of Good2Go?
4 A Yes, sir.
5 Q And did you and Mr. Pashoian start Good2Go?
6 A Yes, sir.
7 Q I think he said it was about three-ish years
8 ago?
9 A That's about right.
10 Q And what is your official position with
11 Good2Go?
12 A We basically just refer to ourselves as the
13 owners. I mean, we basically are just filling --
14 filling whatever roles need to be filled at the time.
15 Q I can relate. I can relate.
16 So I'm going to show you some documents
17 here. All right. Okay.
18 Is this the construction contract between
19 Good2Go and the Steeles?
20 A Yes, it looks like it.
21 Q Okay. Do you have any personal firsthand
22 knowledge of the execution of this contract?
23 A I do, yes.
24 Q Okay. Tell me about that.
25 A It was we were at the Steeles' home and we
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1 were sitting -- well, I wasn't sitting, but
2 Mrs. Steele was sitting down on her front porch. And
3 Steve and I were there with Royal Scott, who was the
4 salesperson and who had brought the opportunity to
5 us. And I believe Shawn was with us, Shawn Eckert
6 (ph) was with us as well. He was kind of more of
7 just a tagalong. He wasn't there for any particular
8 purpose. He was just another one of our sales guys
9 that happened to be riding with us that day. That
10 was who was there, the setting.
11 Q Okay. Can you tell me about the physical
12 construction contract that she actually signed? Can
13 you describe it for me?
14 A Well, it's just a -- it's a contract -- it's
15 a two-page contract that's carbon copied. So the
16 front page is a white page, the back page is yellow,
17 just so we can tell the difference between the two if
18 need be. But, yeah, a two-page carbon copy.
19 Q Who gets what copy of the contract?
20 A Typically, we take the white copy and the
21 homeowner gets the yellow copy, but, you know, from
22 my perspective, it doesn't really matter. Copy --
23 each of us get a copy of it. That's why there's a
24 carbon copy.
25 Q Okay. You say "we" keep a copy. Who is we?
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1 A The -- well, the company. Typically, it's
2 the salesperson that is with the homeowner signing
3 it, so they usually have that hard copy in their
4 file.
5 Q In this particular case, you were there,
6 correct?
7 A Yes.
8 Q Is there any particular reason why you
9 didn't name -- you didn't get the copy of this
10 particular contract for your corporate file?
11 A No. I mean, I have to be honest, sir, that
12 was long enough ago that I don't remember the
13 specific details of when I -- once things were signed
14 and done that -- you know, putting it in a file. I
15 mean, Royal is there and he's the guy who, like I
16 said, was handling the paperwork on it. So he had
17 his folder. And you're asking me and I typically
18 don't like answering a question unless I know
19 specifically factually, and I can't answer that
20 question like that.
21 Q Okay. If you sold a contract to a
22 residential property holder like this one, would you
23 have kept the original contract and put it in a
24 Good2Go file, maintained it at a Good2Go office?
25 A If I was the salesperson, then, yeah.
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1 Q Yes. Did Good2Go actually have salespeople
2 in their employ that weren't independent sales people
3 like Mr. Scott?
4 A No. No. I mean, Steve and I would sell
5 projects from time to time, of course, but we also
6 had the independent contractor salespeople.
7 Q And Mr. Scott was an independent contractor,
8 correct?
9 A Yes, sir.
10 Q So was it Good2Go's policy to allow
11 independent contractors to maintain the original
12 copies of Good2Go contracts?
13 A That was standard, because we asked them to
14 upload it into our system. Once we have an upload
15 into the system, from our perspective, we have
16 gained, you know, a copy, control of the document
17 that we need.
18 Q And how were they instructed to upload the
19 contract into the system?
20 A Well, they have to scan it and upload it.
21 There's, you know, multiple different ways through
22 technology to do that.
23 Q How was Mr. Scott doing it?
24 A I don't recall that. Honestly, I don't
25 know. I wouldn't have known right then how he did
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1 it.
2 Q Well, let me ask you, who would have
3 instructed your independent salespeople on, you know,
4 how they're supposed to get documents back to
5 Good2Go?
6 A Steve and I would --
7 Q I assume you don't just turn them loose and
8 say, hey, go sign up as many contracts as you can.
9 A No, of course not. The -- I mean, the way
10 most people did it, and the way I did it, was
11 using -- it was an app called CamScanner or
12 something --
13 Q CamScanner?
14 A -- something like that, that AccuLynx paired
15 with well. So it was an easy way to use CamScanner
16 to upload into AccuLynx. So, I mean, that's one that
17 we use a lot, but that doesn't mean a person
18 couldn't, you know, just use a regular printer
19 scanner and scan it and do it.
20 Q Okay. And you mentioned the CamScanner. At
21 the bottom of the Assignment of Benefits document it
22 says "Scanned with CamScanner." Is that what you're
23 referring to?
24 A Yes, uh-huh. Yeah. It put that on the
25 bottom of it, yeah.
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1 Q And it's my understanding that that's a
2 mobile application?
3 A Yes.
4 Q Going back to the actual construction
5 contract itself, it looks like Mrs. Steele signed it
6 and Royal Scott signed it. Would that be accurate?
7 A Yeah.
8 Q Why would Mr. Scott have executed a Good2Go
9 contract if both of the owners of Good2Go were
10 standing there and present?
11 A Because he's the salesperson and that's --
12 we kind of keep track of things by looking at that as
13 far as paying commissions and so forth.
14 Q Does Good2Go maintain a file on each
15 construction contract, each client?
16 A We do, yes.
17 Q Would that file not indicate who the
18 salesperson was?
19 A Yes.
20 Q Would your AccuLynx program database also
21 indicate who the salesperson is?
22 A Yeah.
23 Q Would your accounting indicate who the
24 salesperson is?
25 A Yeah. Once the commission was paid, yeah.
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1 Q Okay. Would Mr. Scott, would Mr. Royal
2 Scott, would he have had access to your AccuLynx
3 database?
4 A Yes. Well, he had parts of it. Part of it.
5 I mean, salespeople don't have access to the final
6 aspects or things of that nature, but he had access
7 to the parts where he had notes and documents.
8 Q It's my understanding that y'all don't use
9 AccuLynx anymore?
10 A No, sir, we don't.
11 Q What program do you use now?
12 A It's called Builder Trend.
13 Q When did you make the change from AccuLynx
14 to Builder Trend?
15 A Probably -- I don't know exactly, but
16 probably about two years ago.
17 Q Do you know if you were ever able or if you
18 ever attempted to move the information that was
19 contained in your AccuLynx over to your new database?
20 A We did. We did move it over. It didn't go
21 seemless. So, I mean, it's not as easy to access
22 that information now as what, you know, new
23 information going into Builder Trend is, but -- but
24 there is access to certain information, yeah.
25 Q Have you made any attempt to see if the
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1 Steeles' AccuLynx information made it over to the
2 migration to Builder Trend?
3 A I -- no, not -- I can't answer that
4 specifically on whether I looked at theirs. I know
5 I've looked in the system and I've seen where
6 information has moved over on different files, but I
7 can't -- no, I haven't specifically looked at the
8 Steeles myself.
9 Q Have you or, to your knowledge, anyone at
10 Good2Go requested Mr. Scott to send you the original
11 copy of this construction contract?
12 A I have not been in communication with
13 Mr. Scott, but that was -- Steve is handling that.
14 Q The things you think of to ask after the
15 person has already -- I'm surprised I didn't think of
16 that, like, sometime tonight.
17 Do you recall what hotel you were staying in
18 in April of 2019 when this contract was signed?
19 A No. We -- I mean, we would stay in a
20 certain hotel for, you know, an amount of time and
21 then sometimes the price would go up and we'd change,
22 or we'd find a better deal somewhere else, we'd
23 change. So I can't answer specifically which one we
24 were at then.
25 Q Would Good2Go Roofing have records of your
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1 travel expenses and things like that?
2 A Sure. Yeah. QuickBooks.
3 Q Do you know where this particular copy of
4 construction contract and AOB that was provided to me
5 by your attorney came from?
6 A That question would be better asked of
7 Steve. He's the one who went through the file and
8 found it. So my answer to you would be a guess.
9 Q Would that be a hard file or an electronic
10 file?
11 A I know Steve went through a hard file. I'm
12 assuming he also went through the, you know, the
13 electronic as well. Once again, these are
14 assumptions. You're asking me what Steve did.
15 Q I can't tell you what I did most days, so I
16 don't want you saying what Steve did or didn't do.
17 A Well, I just -- I want to be specific. When
18 you ask me a question, I want to answer it
19 specifically.
20 Q How long was Royal Scott with y'all?
21 A Best recollection is four or five months,
22 six months, maybe. Something like that.
23 Q Have you had any communications with him
24 since he parted ways with Good2Go?
25 A No. Uh-uh.
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1 Q Do you know where he is now?
2 A I don't. I know whenever we were looking
3 for him for this, I found his Facebook page. I don't
4 know if -- I think that's what kind of got him
5 tracked down.
6 Q Okay. So I'm going to share another
7 document with you real quick. Let's see.
8 And who is Debra -- I'm going to do it
9 again -- Kamermayer?
10 A Kamermayer.
11 Q Kamermayer. See, I did it yet again. Who
12 is she?
13 A Debra, she was like our office
14 administrator.
15 Q Okay. I understand she is no longer with
16 Good2Go?
17 A That's correct.
18 Q Do you know where she is at today?
19 A No. Well, the last communication I had with
20 her was probably four or five months ago and she was
21 looking for a job and wanted to know if I would give
22 her a referral.
23 Q What would her job duties have entailed?
24 A She did bookkeeping, you know, minor-level
25 bookkeeping, and just -- just administrative stuff,
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1 sending out welcome letters, you know, taking phone
2 calls, answering -- you know, answering our calls,
3 things of that nature.
4 Q Would she have sent documents to insurance
5 companies and mortgage holders and those sorts of
6 things?
7 A Yes.
8 Q So the email that I've got up is from Debra,
9 just leave it at that, and she has, looks like an
10 email address of reply@mail.acculynx.com. Do you see
11 that?
12 A I do.
13 Q Would that have been her kind of official
14 email address would be in the AccuLynx program?
15 A I don't know if you would call that her
16 official, but I think whenever you send something, I
17 believe the way AccuLynx worked, whenever you would
18 send an email within the AccuLynx system, that that's
19 the automatic reply email that it would come from.
20 Q Okay.
21 A But that way it would document the email
22 within the AccuLynx system instead of just within
23 the, you know, her personal email system.
24 Q Okay. If she was attaching documents that
25 were -- let me ask you this. Do you know if you
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1 could attach documents that were in the AccuLynx
2 program to the emails like this?
3 A Well, once again, I would be guessing. My
4 guess is that probably, but I don't recall.
5 Q Yeah. I don't want you to guess at all.
6 A Okay. I can't answer the question, then,
7 because I don't recall.
8 Q If she were going to send documents to, say,
9 a mortgage holder or a lienholder or an insurance
10 company or to a client and attach documents to that,
11 where would she get -- how would she go about doing
12 that?
13 A Well, I guess it depends on the document.
14 Yeah, I guess it depends on the document and where it
15 was housed. Some documents, it depends on if it's a
16 completed document or one that is just an empty form
17 that ne
Preview
Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court Filing # 141229698 E-Filed 01/03/2022 02:29:46 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA DAVID AND DEWANDA STEELE, CASE NO.: 21-0001034 CA Plaintiffs, vs. GOOD2GO ROOFING & CONSTRUCTION, LLC, Defendant. ________________________________/ DEFENDANT’S NOTICE OF FILING THE TRANSCRIPT OF THE LIMITED DEPOSITION OF CHAD DUDECK Defendant, GOOD2GO ROOFING & CONSTRUCTION, LLC, by and through its undersigned counsel, hereby notifies the Court and the parties that it has filed the transcript of the limited deposition of CHAD DUDECK taken on November 15, 2021. Said transcript shall be used for the sole purpose of the evidentiary hearing on the Motion to Abate and Compel filed on September 13, 2021 and scheduled for January 11, 2022. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Filing Limited Deposition of Chad Dudeck has been served by first-class, United States mail, postage prepared and/or through the e-Filing portal of this court, on this 3rd day of January, 2022, upon C. Brian Davidson, Esq. [e-mail: brian@panhandle-law.com], Davidson Law Firm, LLC, 747 Jenks Avenue, Suite H, Panama City, Florida 32401. [Counsel’s signature block on Page 2 of 2] Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court Steele vs. Good2SGo Roofing & Construction Case No. 21-0001034 CA Notice of Filing Limited Deposition of Chad Dudeck ST. DENIS & DAVEY, P.A. Attorneys for Defendant 600 Brickell Avenue Suite 1715 Miami, Florida 33131 Telephone: (305) 200-8674 Facsimile: (786) 687-0065 By: /s/ Michael Schiffrin MICHAEL SCHIFFRIN, ESQ. Fla. Bar. No.: 178240 [e-mail: MSchiffrin@SDTriallaw.com] [Secondary e-mail: ine@aol.com] MICHELLE VARGAS, ESQ Fla. Bar No.77072 [e-mail: Michelle@SDTriallaw.com] NADIA ENNAJI, ESQ. Fla. Bar No. 1002738 [e-mail: Nadia@SDTriallaw.com] Page 2 of 2 Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court EXHIBIT A Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 1 1 IN THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA 2 CASE NO. 21001034CA 3 DAVID AND DEWANDA STEELE, 4 Plaintiffs, 5 vs. 6 GOOD2GO ROOFING & 7 CONSTRUCTION, LLC., 8 Defendant. _______________________________________/ 9 10 REMOTE DEPOSITION OF: CHAD DUDECK 11 ON BEHALF OF: The Plaintiffs 12 DATE: November 15, 2021 13 TIME: 11:50 a.m. 14 PLACE: Remote locations 15 REPORTED BY: Katherine Southall, FPR 16 17 18 19 20 21 22 23 24 25 BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 2 1 APPEARANCES: 2 C. BRIAN DAVIDSON, ESQ. Davidson Law Firm, LLC 3 P.O. Box 609 Panama City, Florida 32402 4 (850)890-4296 brian@panhandle-law.com 5 Attorney For Plaintiffs 6 7 NADIA ENNAJI, ESQ. St. Denis & Davey, P.A. 8 600 Brickell Avenue, Suite 1715 Miami, Florida 33131 9 (305)200-8674 nadia@sdtriallaw.com 10 Attorney For Defendant 11 12 13 14 INDEX OF WITNESS AND EXHIBITS 15 PAGE LINE 16 Testimony of CHAD DUDECK: 17 Direct Examination by Mr. Davidson 3 9 18 Certificate of Oath 23 Certificate of Reporter 24 19 20 (NO EXHIBITS WERE MARKED FOR IDENTIFICATION.) 21 22 23 24 25 BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 3 1 COURT REPORTER: Do you solemnly swear the 2 testimony you are about to give shall be the 3 truth, the whole truth, and nothing but the 4 truth, so help you God? 5 THE WITNESS: I do. 6 CHAD DUDECK 7 was called as a witness, and after having been first 8 duly sworn, was deposed and testified as follows: 9 DIRECT EXAMINATION 10 BY MR. DAVIDSON: 11 Q Could you tell us your name, please? 12 A Chad Dudeck. 13 Q How are you doing, Mr. Dudeck? I have been 14 horribly mispronouncing your name for at least 15 several months now. 16 A You would not be the first. 17 Q I'm just a country boy with a law degree, so 18 I saw that and I'm thinking it's Dudeck, and it's not 19 Dudeck, and I apologize. Say it for me again. 20 A Dudeck. 21 Q Dudeck, okay. 22 A Yeah. Basically just like it's spelled, 23 D-u-d-e-c-k, Dudeck. 24 Q Well see, in Russellville, Alabama, we do 25 E -- E's only go one way. It's "eck." So if y'all BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 4 1 are ever doing roofing work up there, you need to 2 change the E to an A for people to pronounce your 3 name correctly. 4 So I don't know how long your deposition is 5 going to take. Have you ever given a deposition 6 before? 7 A Yes, sir. 8 Q Okay. I thought maybe you had, being a 9 business owner. Most business owners have. 10 Were they civil cases, criminal cases? 11 A Civil. 12 Q Okay. Involving Good2Go and probably -- 13 A Actually, most of the time, it was usually 14 like a homeowner versus an insurance company or vice 15 versa, and I was just a guy providing a quote. 16 Q Okay. That's fair enough. So you've been 17 through it. So basically I'm going to ask you 18 questions. If you don't understand something I ask 19 you, just let me know, I'll rephrase it. That 20 happens periodically. 21 If you need to talk to your lawyer about 22 anything, you can just let us know and we can jump 23 off the Zoom for a minute and you can chat with your 24 lawyer. I don't think you'll probably need to. 25 I don't think this will take too terribly BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 5 1 long. I think Mr. Pashoian probably helped clarify 2 my questioning a pretty good bit. 3 You are an owner of Good2Go? 4 A Yes, sir. 5 Q And did you and Mr. Pashoian start Good2Go? 6 A Yes, sir. 7 Q I think he said it was about three-ish years 8 ago? 9 A That's about right. 10 Q And what is your official position with 11 Good2Go? 12 A We basically just refer to ourselves as the 13 owners. I mean, we basically are just filling -- 14 filling whatever roles need to be filled at the time. 15 Q I can relate. I can relate. 16 So I'm going to show you some documents 17 here. All right. Okay. 18 Is this the construction contract between 19 Good2Go and the Steeles? 20 A Yes, it looks like it. 21 Q Okay. Do you have any personal firsthand 22 knowledge of the execution of this contract? 23 A I do, yes. 24 Q Okay. Tell me about that. 25 A It was we were at the Steeles' home and we BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 6 1 were sitting -- well, I wasn't sitting, but 2 Mrs. Steele was sitting down on her front porch. And 3 Steve and I were there with Royal Scott, who was the 4 salesperson and who had brought the opportunity to 5 us. And I believe Shawn was with us, Shawn Eckert 6 (ph) was with us as well. He was kind of more of 7 just a tagalong. He wasn't there for any particular 8 purpose. He was just another one of our sales guys 9 that happened to be riding with us that day. That 10 was who was there, the setting. 11 Q Okay. Can you tell me about the physical 12 construction contract that she actually signed? Can 13 you describe it for me? 14 A Well, it's just a -- it's a contract -- it's 15 a two-page contract that's carbon copied. So the 16 front page is a white page, the back page is yellow, 17 just so we can tell the difference between the two if 18 need be. But, yeah, a two-page carbon copy. 19 Q Who gets what copy of the contract? 20 A Typically, we take the white copy and the 21 homeowner gets the yellow copy, but, you know, from 22 my perspective, it doesn't really matter. Copy -- 23 each of us get a copy of it. That's why there's a 24 carbon copy. 25 Q Okay. You say "we" keep a copy. Who is we? BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 7 1 A The -- well, the company. Typically, it's 2 the salesperson that is with the homeowner signing 3 it, so they usually have that hard copy in their 4 file. 5 Q In this particular case, you were there, 6 correct? 7 A Yes. 8 Q Is there any particular reason why you 9 didn't name -- you didn't get the copy of this 10 particular contract for your corporate file? 11 A No. I mean, I have to be honest, sir, that 12 was long enough ago that I don't remember the 13 specific details of when I -- once things were signed 14 and done that -- you know, putting it in a file. I 15 mean, Royal is there and he's the guy who, like I 16 said, was handling the paperwork on it. So he had 17 his folder. And you're asking me and I typically 18 don't like answering a question unless I know 19 specifically factually, and I can't answer that 20 question like that. 21 Q Okay. If you sold a contract to a 22 residential property holder like this one, would you 23 have kept the original contract and put it in a 24 Good2Go file, maintained it at a Good2Go office? 25 A If I was the salesperson, then, yeah. BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 8 1 Q Yes. Did Good2Go actually have salespeople 2 in their employ that weren't independent sales people 3 like Mr. Scott? 4 A No. No. I mean, Steve and I would sell 5 projects from time to time, of course, but we also 6 had the independent contractor salespeople. 7 Q And Mr. Scott was an independent contractor, 8 correct? 9 A Yes, sir. 10 Q So was it Good2Go's policy to allow 11 independent contractors to maintain the original 12 copies of Good2Go contracts? 13 A That was standard, because we asked them to 14 upload it into our system. Once we have an upload 15 into the system, from our perspective, we have 16 gained, you know, a copy, control of the document 17 that we need. 18 Q And how were they instructed to upload the 19 contract into the system? 20 A Well, they have to scan it and upload it. 21 There's, you know, multiple different ways through 22 technology to do that. 23 Q How was Mr. Scott doing it? 24 A I don't recall that. Honestly, I don't 25 know. I wouldn't have known right then how he did BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 9 1 it. 2 Q Well, let me ask you, who would have 3 instructed your independent salespeople on, you know, 4 how they're supposed to get documents back to 5 Good2Go? 6 A Steve and I would -- 7 Q I assume you don't just turn them loose and 8 say, hey, go sign up as many contracts as you can. 9 A No, of course not. The -- I mean, the way 10 most people did it, and the way I did it, was 11 using -- it was an app called CamScanner or 12 something -- 13 Q CamScanner? 14 A -- something like that, that AccuLynx paired 15 with well. So it was an easy way to use CamScanner 16 to upload into AccuLynx. So, I mean, that's one that 17 we use a lot, but that doesn't mean a person 18 couldn't, you know, just use a regular printer 19 scanner and scan it and do it. 20 Q Okay. And you mentioned the CamScanner. At 21 the bottom of the Assignment of Benefits document it 22 says "Scanned with CamScanner." Is that what you're 23 referring to? 24 A Yes, uh-huh. Yeah. It put that on the 25 bottom of it, yeah. BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 10 1 Q And it's my understanding that that's a 2 mobile application? 3 A Yes. 4 Q Going back to the actual construction 5 contract itself, it looks like Mrs. Steele signed it 6 and Royal Scott signed it. Would that be accurate? 7 A Yeah. 8 Q Why would Mr. Scott have executed a Good2Go 9 contract if both of the owners of Good2Go were 10 standing there and present? 11 A Because he's the salesperson and that's -- 12 we kind of keep track of things by looking at that as 13 far as paying commissions and so forth. 14 Q Does Good2Go maintain a file on each 15 construction contract, each client? 16 A We do, yes. 17 Q Would that file not indicate who the 18 salesperson was? 19 A Yes. 20 Q Would your AccuLynx program database also 21 indicate who the salesperson is? 22 A Yeah. 23 Q Would your accounting indicate who the 24 salesperson is? 25 A Yeah. Once the commission was paid, yeah. BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 11 1 Q Okay. Would Mr. Scott, would Mr. Royal 2 Scott, would he have had access to your AccuLynx 3 database? 4 A Yes. Well, he had parts of it. Part of it. 5 I mean, salespeople don't have access to the final 6 aspects or things of that nature, but he had access 7 to the parts where he had notes and documents. 8 Q It's my understanding that y'all don't use 9 AccuLynx anymore? 10 A No, sir, we don't. 11 Q What program do you use now? 12 A It's called Builder Trend. 13 Q When did you make the change from AccuLynx 14 to Builder Trend? 15 A Probably -- I don't know exactly, but 16 probably about two years ago. 17 Q Do you know if you were ever able or if you 18 ever attempted to move the information that was 19 contained in your AccuLynx over to your new database? 20 A We did. We did move it over. It didn't go 21 seemless. So, I mean, it's not as easy to access 22 that information now as what, you know, new 23 information going into Builder Trend is, but -- but 24 there is access to certain information, yeah. 25 Q Have you made any attempt to see if the BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 12 1 Steeles' AccuLynx information made it over to the 2 migration to Builder Trend? 3 A I -- no, not -- I can't answer that 4 specifically on whether I looked at theirs. I know 5 I've looked in the system and I've seen where 6 information has moved over on different files, but I 7 can't -- no, I haven't specifically looked at the 8 Steeles myself. 9 Q Have you or, to your knowledge, anyone at 10 Good2Go requested Mr. Scott to send you the original 11 copy of this construction contract? 12 A I have not been in communication with 13 Mr. Scott, but that was -- Steve is handling that. 14 Q The things you think of to ask after the 15 person has already -- I'm surprised I didn't think of 16 that, like, sometime tonight. 17 Do you recall what hotel you were staying in 18 in April of 2019 when this contract was signed? 19 A No. We -- I mean, we would stay in a 20 certain hotel for, you know, an amount of time and 21 then sometimes the price would go up and we'd change, 22 or we'd find a better deal somewhere else, we'd 23 change. So I can't answer specifically which one we 24 were at then. 25 Q Would Good2Go Roofing have records of your BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 13 1 travel expenses and things like that? 2 A Sure. Yeah. QuickBooks. 3 Q Do you know where this particular copy of 4 construction contract and AOB that was provided to me 5 by your attorney came from? 6 A That question would be better asked of 7 Steve. He's the one who went through the file and 8 found it. So my answer to you would be a guess. 9 Q Would that be a hard file or an electronic 10 file? 11 A I know Steve went through a hard file. I'm 12 assuming he also went through the, you know, the 13 electronic as well. Once again, these are 14 assumptions. You're asking me what Steve did. 15 Q I can't tell you what I did most days, so I 16 don't want you saying what Steve did or didn't do. 17 A Well, I just -- I want to be specific. When 18 you ask me a question, I want to answer it 19 specifically. 20 Q How long was Royal Scott with y'all? 21 A Best recollection is four or five months, 22 six months, maybe. Something like that. 23 Q Have you had any communications with him 24 since he parted ways with Good2Go? 25 A No. Uh-uh. BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 14 1 Q Do you know where he is now? 2 A I don't. I know whenever we were looking 3 for him for this, I found his Facebook page. I don't 4 know if -- I think that's what kind of got him 5 tracked down. 6 Q Okay. So I'm going to share another 7 document with you real quick. Let's see. 8 And who is Debra -- I'm going to do it 9 again -- Kamermayer? 10 A Kamermayer. 11 Q Kamermayer. See, I did it yet again. Who 12 is she? 13 A Debra, she was like our office 14 administrator. 15 Q Okay. I understand she is no longer with 16 Good2Go? 17 A That's correct. 18 Q Do you know where she is at today? 19 A No. Well, the last communication I had with 20 her was probably four or five months ago and she was 21 looking for a job and wanted to know if I would give 22 her a referral. 23 Q What would her job duties have entailed? 24 A She did bookkeeping, you know, minor-level 25 bookkeeping, and just -- just administrative stuff, BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 15 1 sending out welcome letters, you know, taking phone 2 calls, answering -- you know, answering our calls, 3 things of that nature. 4 Q Would she have sent documents to insurance 5 companies and mortgage holders and those sorts of 6 things? 7 A Yes. 8 Q So the email that I've got up is from Debra, 9 just leave it at that, and she has, looks like an 10 email address of reply@mail.acculynx.com. Do you see 11 that? 12 A I do. 13 Q Would that have been her kind of official 14 email address would be in the AccuLynx program? 15 A I don't know if you would call that her 16 official, but I think whenever you send something, I 17 believe the way AccuLynx worked, whenever you would 18 send an email within the AccuLynx system, that that's 19 the automatic reply email that it would come from. 20 Q Okay. 21 A But that way it would document the email 22 within the AccuLynx system instead of just within 23 the, you know, her personal email system. 24 Q Okay. If she was attaching documents that 25 were -- let me ask you this. Do you know if you BAYTOWNE REPORTING (850)215-8262 baytownereporting@gmail.com Filed 01/03/2022 03:02 PM Bill Kinsaul Clerk of Circuit Court 16 1 could attach documents that were in the AccuLynx 2 program to the emails like this? 3 A Well, once again, I would be guessing. My 4 guess is that probably, but I don't recall. 5 Q Yeah. I don't want you to guess at all. 6 A Okay. I can't answer the question, then, 7 because I don't recall. 8 Q If she were going to send documents to, say, 9 a mortgage holder or a lienholder or an insurance 10 company or to a client and attach documents to that, 11 where would she get -- how would she go about doing 12 that? 13 A Well, I guess it depends on the document. 14 Yeah, I guess it depends on the document and where it 15 was housed. Some documents, it depends on if it's a 16 completed document or one that is just an empty form 17 that ne