Free Motion in Limine - District Court of Colorado - Colorado

Case 1:03-cv-01973-PSF-MJW

Document 169-2

Filed 10/18/2005

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EXHIBIT A

EXHIBIT A

Case E H Knutson, v J 1:03-cv-01973-PSF-MJW Walker Group, Inc

Document 169-2

Filed 10/18/2005STEEL Volume II Page 2 of 8 PETER APRIL 26, 2004
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Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORP~DO Civil Action No. 03-F-1973 J.E.H. KNUTSON, Plaintiff, v. WALKER GROUP, Defendant. INC., (MJW)

TELEPHONE DEPOSITION OF: PETER STEEL April 26, 2004 RULE 30(b) (5) and (6) Volume II
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11 12 13 14 PURSUANT TO NOTICE, the telephone deposition of PETER STEEL was taken on behalf of the Plaintiff at 1700 Lincoln Street, Suite 2400, Denver, Colorado 80203, on April 26, 2004, at 12:10 p.m., before Lorraine, L. Schaffer, Registered Professional Reporter and Notary Public within Colorado. APPEARANCES For the Plaintiff: MICHAEL R. McCURDY, ESQ. COLIN A. WALKER, Esq. Fairfield and Woods, P.C. 1700 Lincoln Street, Suite 2400 Denver, Colorado 80203 (303) 830-2400 RICHARD S. GOTTLIEB, ESQ. Kilpatrick Stockton, LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101 (336) 607-7300

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For the Defendant: (via telephone)

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HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ****** 1-800-979-8853 ***** FAX (303)691-2444

J.E.H. Knutson, v. Case 1:03-cv-01973-PSF-MJW Walker Group, Inc.

Document 169-2

PETER STEEL Volume II Filed 10/18/2005 Page 3 of 8
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APRIL 26, 2004
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the form.

Q.
problem.

(BY MR. McCURDY)

Maybe this will cure the the

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But will you please tell me, Mr. Steel,

identity of each entity with whom Walker has had an MSA or a contract to provide installation services since January 2000. A. That would be only Qwest. When did it get that? I went to Qwest personally after First Layer One.

Q.
A.

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dissolved and asked if they would basically roll the name from First Layer to Walker and Associates, and they did so at my request.

Q.
A. 2002.

When was that about? That would have been in probably October of

Q.
A.

And is that contract still in effect? It expired the end of last month and it's in

the process of renewal.

Q.

Does Walker have any kind of MSA agreement

with wireless services? MR. GOTTLIEB: Object to the form. Pete, if

you understand the question, you can go ahead and try to answer. MR. McCURDY: Let me back up.

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Q. (BY MR. McCURDY) AT&T Wireless Services, does HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ~ 1-800-979-8853 ***** FAX (303)691-2444

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J E H Knutson, v Case 1:03-cv-01973-PSF-MJW Walker Group, Inc.

Document 169-2

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MR. GOTTLIEB:

Object to form. When did AT&T first start

Q.

(BY MR. McCURDY)

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using MSAs~ A. Well, they
--

MR. GOTTLIEB:

Objection,

that's not one of

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the areas of inquiry either. can answer it. A.

But if you know it, you

I don't know the exact date.

I'd have to

look at the paperwork, headquarters.

and I believe that's at

They asked us at First Layer to fill out
--

a lot of corporate criteria to

you know,

insurance,

capabilities, and this and that and the other thing, and then they generated this MSA. I just
--

I

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the time frame,

I'd have to see original documents. (BY MR. McCTJRDY) Was there a time when Walker

Q.

applied for an MSA with AT&T? A. That's a hard question to answer. They did

not formally apply for an MSA at AT&T.

Q.
A.

Did they do so informally? Yes. I did.

Q.
A.

When was that? That was right after
--

probably October of

2002, just like with Qwest.

I requested that the MSA be

put in Walker's name from First Layer.

Q. Who did you make that request to? HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ****** 1-800-979-8853 ***** FAX (303)691-2444

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Case 1:03-cv-01973-PSF-MJW J.E.H. Knutson, v. Walker Group, Inc.

Document 169-2

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A.

I believe it was Bob Conn and Jesse Brewer. How do you spell Conn? C-o-n-n. It was verbal.

Q.
A.

Q.
employees? A.

And Bob Conn and Jesse Brewer were AT&T

Yes. What office were they located in? Bothell, Washington. How do you spell Bothell? B-o-t-h-e-1-l. Are they both still there? Negative. Do you know where they are? Yes. I know where one of them is. I believe

Q.
A.

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Q.
A.

Q.
A.

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Q.
A.

Bob might still be there.

I've lost track of him. or was his title?

Q.
A.

What is his title

Implementation management. So tell me more about the time you informally

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Q.

made the inquiry to have the MSA transferred. A. Well, I had made the request, it was

understood that it was going to take place, and we just continued on with business as normal. And just recently, I assumed it had.

it's come to light that it had not. sir, in

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Q.

If I understand your testimony,

conjunction with your responsibilities for Walker in

HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ****** 1-800-979-8853 ***** FAX (303)691-2444

J.E.H. Knutson, v. Case 1:03-cv-01973-PSF-MJW Walker Group, Inc.

Document 169-2

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about October 2002, you approached AT&T Wireless for the purpose of asking them to transfer First Layer's MSA to Walker, is that correct~ MR. GOTTLIEB: Object to the form. Is that correct, Mr. Steel?

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Q.

(BY MR. McCURDY) THE DEPONENT:

Am I supposed to answer that,

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Richard? MR. GOTTLIEB: you can answer it. A. Yes. Yes, that's correct. If you understand the question,

Q.

(BY MR. McCtJRDY)

And you thought that had

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occurred, but you just recently learned it had not? A. That is correct. When and how did you learn it had not

Q.
occurred? A.

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Well,

I didn't follow up, and I just

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I made And

some assumptions, because I was busy doing my job.

just recently, we were doing some other business with AT&T through a different division, and I had mentioned to them that we had this MSA in place that might facilitate getting all the paperwork done, and came to

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the realization
MSA was still

at that time that the contract

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or the

in First Layer Communication's name.

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Q.

What is the length in terms of time that that

MSA is good for had First Layer remained in business?

HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ****** 1-800-979-8853 ~ FAX (303)691-2444

J.E.H. Knutson, v. Case 1:03-cv-01973-PSF-MJW Walker Group, Inc.

Document 169-2

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to Qwest since October 2002? A. Under WWN or other parts of Qwest? There's

many different divisions of Qwest.

Q.
A.

tinder any division. Yes. Can you elaborate upon that? Two small jobs in California. When? About mid last year. Is that the only work? That's it. I guess my question wasn't complete. It wasn't your fault. I

Q.
A.

Q.
A.

Q.
A.

Q.
apologize.

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Are those two small

jobs the only installation services that Walker has provided to Qwest since October 2002~ A. Yes. What is the value of those jobs? Roughly, just a moment here MR. GOTTLIEB:
--

Q.
A.

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Object to the form.

Mike, can

you clarify what you mean, value? MR. McCURDY: Yes. How much money did Walker

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Q.

(BY MR. McCtTRDY)

receive for those jobs, gross? A. $14,670.

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Q. Total? HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ****** 1-800-979-8853 ***** FAX (303)691-2444

Case 1:03-cv-01973-PSF-MJW J.E.H. Knutson, v. Walker Group, Inc.

Document 169-2

Filed 10/18/2005 STEEL 8 of 8 II Page Volume PETER APRIL 26, 2004
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Q (BY MR McCURDY) What is the gross dollars Walker received from Qwest or related entities for installation services from January 1, 2000 until the

present~'
A. I show $14,670. MR. GOTTLIEB: is the case. we'll do that. MR McCURDY Okay Concerning AT&T, what is the Mike, I will confirm that that

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And if we need to continue the deposition,

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Q.

(BY MR. McCURDY)

gross dollar volume for installation services Walker has received from it since January 1, A. $344,907.44. How much of that was before October 2002? I can't answer that question. 2002?

Q.
A.

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Q.
A.

How much of it was after?
I can't answer that question.

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Q.

Okay.
MR. GOTTLIEB: Mike, I'll raise my same

comments as earlier. MR. McCURDY: And I understand, Richard, you

don't have that by month either? MR. GOTTLIEB: Correct. And that's simply because

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Q.

(BY MR. McCURDY)

you haven't gotten that far in the preparation process?

HANSEN & COMPANY REGISTERED PROFESSIONAL REPORTERS (303) 691-0202 ****** 1-800-979-8853 ***** FAX (303)691-2444