Kci USA, Inc. v. Goad et al

MOTION for summary judgment

M.D. Fla.April 7, 2017

SLK_TAM:#2677478v1 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KCI USA, INC., et al. Plaintiffs, v. MICHAEL WARREN, et al. Defendants. _______________________________________ ) ) ) ) ) ) ) ) ) ) CASE NO: 8:16-cv-01561-EAK-TBM DEFENDANTS’, MATTHEW AZELTINE AND GEORGE GOAD, MOTION FOR SUMMARY JUDGMENT ON ALL COUNTS Defendants, Matthew Azeltine (“Mr. Azeltine”) and George Goad (“Mr. Goad”), pursuant to Rule 56, Fed.R.Civ.P., and L.R. 3.01, hereby move this Court for the entry of a summary final judgment in favor of Azeltine and Goad and against Plaintiffs KCI USA, Inc. (“KCI USA”) and KCI Licensing, Inc. (“KCI Licensing” or collectively “KCI”) on all counts (Counts I-IX) against them. As explained in more detail below, Azeltine and Goad submit that there are no genuine issues of material fact concerning their lack of knowledge of or participation in the acts alleged in the Amended Complaint, and that they are entitled to summary judgment as a matter of law. SUMMARY KCI USA is in the business of developing, manufacturing, distributing, renting and servicing wound care machines (the “KCI Machines”) and supplies (the “KCI Supplies”). Am. Compl. ¶¶ 13, 19. KCI Licensing owns 3 trademarks that KCI USA uses on and in connection with its wound care machines and supplies. Am. Compl. ¶¶ 10-12. The gist of KCI’s complaint is that defendants allegedly obtained KCI wound care machines and supplies from sources other than Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 1 of 14 PageID 443 SLK_TAM:#2677478v1 2 KCI and re-sold them to either another company1 or to the public on eBay. KCI is seeking money damages and injunctive relief for conversion, federal and state unfair competition, federal and state deceptive trade practices, federal trademark dilution, unjust enrichment and replevin. The defendants are three individuals. Michael Warren is a truck driver for United Parcel Service. Mr. Goad is a roofer and has worked as a roofer since high school. Mr. Azeltine is a mechanic. Mr. Warren and Mr. Goad are brothers. Mr. Azeltine is Mr. Warren’s son-in-law. None of the defendants has any education beyond high school. All three have been deposed, responded to discovery and produced documents in response to discovery requests. Defendants have not engaged in discovery because they lack the funds to do so. Nevertheless, now that discovery is closed, the record unequivocally shows that there is no genuine issue of material fact in dispute as to Mr. Goad’s and Mr. Azeltine’s utter lack of knowledge of or involvement with any sales or distribution of KCI Machines and KCI Supplies, use of KCI’s trademarks or receipt of any revenues or profit derived therefrom. Accordingly, Mr. Goad and Mr. Azeltine respectfully request that this Court enter summary final judgment in their favor and against KCI USA and KCI Licensing. Further, given that KCI USA and KCI Licensing and their counsel have refused to dismiss Mr. Goad and Mr. Azeltine from this litigation even though they knew that neither of them had any involvement, Mr. Goad and Mr. Azeltine are also seeking the attorneys’ fees incurred in the preparation and filing of this motion pursuant to Rule 11 of the Federal Rules of Civil Procedure. APPLICABLE LAW 1. Summary Judgment Standard. 1 KCI has been locked in a battle royal with an Ohio company, Healthcare Essentials since 2014. The case style is KCI USA, Inc. v. Healthcare Essentials, Inc., et al., Case No. 1:14-cv-00549-BYP (N.D. Ohio). Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 2 of 14 PageID 444 SLK_TAM:#2677478v1 3 Courts “shall grant summary judgment” when the moving party shows that there are no genuine issues of material fact and it is entitled to judgment as a matter of law. Rule 56, Fed.R.Civ.P. The moving party bears the burden of demonstrating the absence of genuine issues of material facts and can do so by showing that the evidence of record fails to support the nonmoving party's case. Celotex v. Catrett, 477 U.S. 317, 325 (1986). If the moving party carries its burden, the non-moving party must go beyond the pleadings and designate specific facts contained in depositions, answers to interrogatories, admissions and affidavits (if any) that create a genuine issue for trial and preclude summary judgment. Id. at 324. Importantly, only the existence of genuine and material factual disputes can defeat a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986). As viewed in light of the substantive law, a factual dispute is material if it would affect the outcome of the case. Id. at 248. A factual dispute is genuine if reasonable jurors could view the evidence in a way that supports a verdict in favor of the non-moving party. Id. 2. Elements of Conversion. Under Florida law, conversion requires proof that someone committed an unauthorized act that intentionally deprived another of his or her identifiable property either permanently or for an indefinite period of time. Rosenthal Toyota, Inc. v. Thorpe, 824 F.2d 897, 902 (11th Cir. 1987). The essence of a claim for conversion in Florida is that the wrongdoer must have had a present intent to deprive the other party of his property, where intent is often shown by evidence of a refusal to return property after a demand has been made. Id. Thus, KCI has to prove that Mr. Goad and Mr. Azeltine intentionally deprived KCI of its property for some period of time. 3. Elements of Federal Unfair Competition, False Designation of Origin, False Advertising. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 3 of 14 PageID 445 SLK_TAM:#2677478v1 4 A claim for false designation of origin or “passing off” requires a plaintiff to first prove that a defendant made unauthorized use of the plaintiff’s valid trademark rights in a way that consumers were likely to be confused between the two. Custom Mfg. and Engr., Inc. v. Midway Services, Inc., 508 F.3d 641, 647–48 (11th Cir. 2007). In other words, KCI has to prove that Mr. Goad and Mr. Azeltine used KCI’s valid trademarks without authorization in a manner that was likely to cause consumer confusion. 4. Elements of Federal Trademark Dilution. To establish a claim for federal trademark dilution by tarnishment, a plaintiff has to prove that a defendant adopted the plaintiff’s trademark after the trademark became famous, made commercial use of the trademark, which use lessened the capacity of the famous mark to identify and distinguish the plaintiff’s goods or services. Portionpac Chem. Corp. v. Sanitech Sys., Inc., 217 F. Supp. 2d 1238, 1251 (M.D. Fla. 2002). Thus, KCI has to prove that its marks were famous and that Mr. Goad and Mr. Azeltine made commercial use of the famous marks that lessened their capacity to identify and distinguish KCI goods. 5. Elements of Federal Trademark Infringement. A plaintiff must prove that it has valid trademark rights prior to a defendant’s adoption and use of a confusingly similar mark in a way that was likely to cause consumers to confuse the two trademarks. Planetary Mot., Inc. v. Techsplosion, Inc., 261 F.3d 1188, 1193 (11th Cir. 2001). Thus, to survive summary judgment, KCI has to establish that it has valid trademarks that Mr. Goad and Mr. Azeltine adopted and used in a manner that was likely to cause consumer confusion. 6. Elements of Florida Deceptive and Unfair Trade Practices Act. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 4 of 14 PageID 446 SLK_TAM:#2677478v1 5 A cause of action for damages under FDUTPA requires a plaintiff to prove that a defendant committed a deceptive act or practice that caused the plaintiff actual damages. Rollins, Inc. v. Butland, 951 So. 2d 860, 869 (Fla. 2d Dist. App. 2006). In addition, as only “consumers” have private rights of action in Florida, the plaintiff also has to establish that it is a “consumer”; i.e., a purchaser of goods. Shibata v. Lim, 133 F. Supp. 2d 1311, 1317–18 (M.D. Fla. 2000). Therefore, KCI must show that it is a purchaser of goods that was damaged by a deceptive act or practice committed by Mr. Goad and/or Mr. Azeltine. 7. Elements of Unfair Competition. Florida common law unfair competition is a catch-all term for any causes of action arising out of business conduct that runs counter to honest commercial business practices, and comprises things such as trademark infringement, tortious interference, and the like. Tobinick v. Novella, 142 F. Supp. 3d 1275, 1282 (S.D. Fla. 2015), aff'd sub nom. Edward Lewis Tobinick, MD v. Novella, 848 F.3d 935 (11th Cir. 2017). Here, it appears that KCI’s unfair competition claim arises from its claims for trademark infringement and dilution; thus, if KCI can prove that Mr. Goad and Mr. Azeltine infringed or diluted its trademarks, it also would be able to prove its claim for unfair competition. 8. Elements of Unjust Enrichment. In Florida, a cause of action for unjust enrichment requires a plaintiff to prove that the defendant accepted and retained a benefit conferred upon it by the plaintiff, and that it would be inequitable to allow the defendant to retain the benefit without paying for it. Tooltrend, Inc. v. CMT Utensili, SRL, 198 F.3d 802, 805 (11th Cir. 1999). Accordingly, KCI must show that Mr. Goad and Mr. Azeltine accepted and retained a benefit conferred on them by KCI and that it was be unfair to allow Mr. Goad and Mr. Azeltine to retain such benefit without payment to KCI. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 5 of 14 PageID 447 SLK_TAM:#2677478v1 6 9. Elements of Replevin. Assuming that this court has in rem jurisdiction, a plaintiff in a replevin action must establish that a defendant has possession of the item sought to be replevied. Ctr. Capital Corp. v. Gulfstream Crane, LLC, 09-61021-CIV, 2009 WL 4909430, at *8–9 (S.D. Fla. Nov. 25, 2009). Thus, KCI must prove that Mr. Goad and Mr. Azeltine have KCI Machines and KCI Supplies in their possession to survive summary judgment. STATEMENT OF UNDISPUTED MATERIAL FACTS 1. Mr. Azeltine had never heard of KCI or the KCI Products prior to the initiation of this lawsuit. Deposition of Matthew Azeltine (Ex. A), 22:24-25. 2. Mr. Azeltine did not post KCI Products for sale on eBay for Michael Warren. Azeltine Dep. Tr. (Ex. A), 23:1-3. 3. Mr. Azeltine does not know where Michael Warren acquires KCI products. Azeltine Dep. Tr. (Ex. A), 25:22-24. 4. Mr. Azeltine does not know Ryan Tenebar, has never heard of Ryan Tenebar or had any telephonic or email communications with Ryan Tenebar. Azeltine Dep. Tr. (Ex. A), 25:24 – 26:8. 5. Mr. Azeltine has never used the email address of ashleematt1315@yahoo.com. Azeltine Dep. Tr. (Ex. A), 29:14-15. 6. Mr. Azeltine is aware that Michael Warren has access to and uses an email address of ashleematt1315@yahoo.com for business. Azeltine Dep. Tr. (Ex. A), 29:23-25 – 30:1-5. 7. Mr. Azeltine does not use his PayPal account at all; he does not log into it, look at the balance or have anything to do with it. Azeltine Dep. Tr. (Ex. A), 35:22-25 – 36:1-5. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 6 of 14 PageID 448 SLK_TAM:#2677478v1 7 8. Mr. Azeltine is not familiar with negative pressure wound therapy and what that term means. Azeltine Dep. Tr. (Ex. A), 36:6-8. 9. Mr. Goad has been a roofer by trade for his entire career. Deposition of George Goad (Ex. B), 8:13-20. 10. Mr. Goad had never heard of a company called KCI except after being served with the complaint in this action. Deposition of George Goad (Ex. B), 9:18-20. 11. Mr. Goad had never heard of a company called Healthcare Essentials, Inc., Healthcare Essentials LLC or anyone named Ryan Tenebar except after being served with the complaint in this action. Deposition of George Goad (Ex. B), 9:10-17. 12. Prior to the instant action, Mr. Goad had no knowledge of KCI’s products or negative pressure wound therapy or wound vacs. Deposition of George Goad (Ex. B), 9:24-25 – 10:1-5. 13. Mr. Goad has never bought or sold products on eBay. Deposition of George Goad (Ex. B), 10:6-13; 28:8-10. 14. Defendant Michael Warren is Mr. Goad’s half-brother. Deposition of George Goad (Ex. B), 10: 24-25 – 11:1-4. 15. Mr. Warren helped set up an email address (goadster40@yahoo.com), PayPal account and eBay account for Mr. Goad. Deposition of George Goad (Ex. B), 10:14-23; 11:25 – 12:1-2; 15:22-24; 28:8-16. 16. Mr. Goad has never used the goadster40@yahoo.com email address. Deposition of George Goad (Ex. B), 10:21-23; 23:3-6. 17. Mr. Goad has never used his PayPal account. Deposition of George Goad (Ex. B), 12:5- 6. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 7 of 14 PageID 449 SLK_TAM:#2677478v1 8 18. Mr. Warren was authorized to use and did use Mr. Goad’s email address. Deposition of George Goad (Ex. B), 12:7-13. 19. Mr. Goad never received any money or compensation from Mr. Warren’s use of Mr. Goad’s email or PayPal account. Deposition of George Goad (Ex. B), 14:20-23. 20. Mr. Goad’s PayPal account is not linked to his bank account or any personal credit or debit cards. Deposition of George Goad (Ex. B), 15:8-16. 21. Before the filing of the instant action, Mr. Goad had no idea what a “wound vac” was, and had never personally been involved in purchasing or selling KCI devices. Deposition of George Goad (Ex. B), 17:3-9. 22. Before the filing of the instant action, Mr. Goad had no knowledge that Mr. Warren was purchasing or selling KCI devices. Deposition of George Goad (Ex. B), 17:10-14. 23. Mr. Goad has never had any business ventures with Mr. Azeltine. Deposition of George Goad (Ex. B), 17:22-23. 24. Mr. Goad has no knowledge as to whether Mr. Azeltine had any business dealings with Mr. Warren. Deposition of George Goad (Ex. B), 17:18-21. 25. Mr. Goad does not know Ryan Tenebar, has never heard of Ryan Tenebar or had any telephonic or email communications with Ryan Tenebar. Deposition of George Goad (Ex. B), 18:10-18. 26. Mr. Goad never sent or received emails using an email address of ashleematt1315@yahoo.com. Deposition of George Goad (Ex. B), 24:7-19. 27. Only Mr. Warren had access to Mr. Goad’s eBay account. Deposition of George Goad (Ex. B), 29:4-9. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 8 of 14 PageID 450 SLK_TAM:#2677478v1 9 28. Mr. Warren had permission to use Mr. Goad’s email, eBay and PayPal accounts. Deposition of George Goad (Ex. B), 29:13-21. 29. Mr. Goad has no knowledge of any transactions that were made using his PayPal account. Deposition of George Goad (Ex. B), 31:1 – 33:14. 30. Mr. Goad has not received any income from sales of KCI products and has received no income from anything other than his job as a roofer. Deposition of George Goad (Ex. B), 40:10-12. ARGUMENT A. Summary Judgment In Mr. Goad’s and Mr. Azeltine’s Favor Is Proper Because The Undisputed Facts Show That KCI Has Failed To Carry Its Burden Of Proof On All Counts In The Amended Complaint. In this case, each and every cause of action in the Amended Complaint hinges on KCI’s ability to prove – at the very least – that Mr. Goad and Mr. Azeltine had KCI Machines or KCI Supplies in their possession at some time and that they used KCI trademarks to advertise, market and sell them. KCI has utterly failed to prove this with respect to Mr. Goad and Mr. Azeltine. The undisputed facts reveal not one shred of evidence showing or even tending to show that Mr. Goad and Mr. Azeltine had any KCI Products in their possession at all at any time, let alone that they advertised, marketed, distributed or sold such products. Mr. Goad’s and Mr. Azeltine’s unrebutted, sworn testimony clearly establishes that neither of them had possession of KCI Products at all. More than that, their unrebutted testimony shows that neither Mr. Goad nor Mr. Azeltine had ever heard of KCI, KCI Machines, KCI Supplies, negative pressure wound care or wound vacs prior to being served with the complaint in this case. B. Summary Judgment Is Proper on Count I As KCI Has Failed To Prove That Mr. Goad and Mr. Azeltine Converted KCI Property. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 9 of 14 PageID 451 SLK_TAM:#2677478v1 10 Under Florida law, conversion requires proof that someone committed an unauthorized act that intentionally deprived another of his or her identifiable property either permanently or for an indefinite period of time. Rosenthal Toyota, Inc. v. Thorpe, 824 F.2d 897, 902 (11th Cir. 1987). The essence of a claim for conversion in Florida is that the wrongdoer must have had a present intent to deprive the other party of his property, where intent is often shown by evidence of a refusal to return property after a demand has been made. Id. Thus, KCI has to prove that Mr. Goad and Mr. Azeltine intentionally deprived KCI of its property for some period of time. Both Mr. Goad and Mr. Azeltine testified that they had never even heard of KCI or its products prior to being served with the complaint in this action, let alone had possession of such products. Further, KCI has no proof at all that either Mr. Goad or Mr. Azeltine refused a request or demand from KCI to return such products. Accordingly, this Court should grant summary judgment on Count I in favor or Mr. Goad and Mr. Azeltine. 10. Elements of Federal Unfair Competition, False Designation of Origin, False Advertising. A claim for false designation of origin or “passing off” requires a plaintiff to first prove that a defendant made unauthorized use of the plaintiff’s valid trademark rights in a way that consumers were likely to be confused between the two. Custom Mfg. and Engr., Inc. v. Midway Services, Inc., 508 F.3d 641, 647–48 (11th Cir. 2007). Here, even assuming that KCI has valid trademarks, the undisputed facts show that Mr. Goad and Mr. Azeltine never used KCI’s trademarks, and were entirely unaware of KCI’s existence prior to this lawsuit. As such, KCI has not and cannot prove that Mr. Goad and Mr. Azeltine used KCI’s trademarks at all, let alone prove that they used them without authorization in a manner that was Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 10 of 14 PageID 452 SLK_TAM:#2677478v1 11 likely to cause consumer confusion. Accordingly, this Court should grant summary judgment on Count II in favor or Mr. Goad and Mr. Azeltine. 11. Elements of Federal Trademark Dilution. To establish a claim for federal trademark dilution by tarnishment, a plaintiff has to prove that a defendant adopted the plaintiff’s trademark after the trademark became famous, made commercial use of the trademark, which use lessened the capacity of the famous mark to identify and distinguish the plaintiff’s goods or services. Portionpac Chem. Corp. v. Sanitech Sys., Inc., 217 F. Supp. 2d 1238, 1251 (M.D. Fla. 2002). Again, the undisputed facts clearly show that Mr. Goad and Mr. Azeltine never used KCI trademarks at all, for any reason or purpose, even assuming, arguendo, that such marks are famous. Accordingly, this Court should grant summary judgment on Count III in favor or Mr. Goad and Mr. Azeltine. 12. Elements of Federal Trademark Infringement. A plaintiff must prove that it has valid trademark rights prior to a defendant’s adoption and use of a confusingly similar mark in a way that was likely to cause consumers to confuse the two trademarks. Planetary Mot., Inc. v. Techsplosion, Inc., 261 F.3d 1188, 1193 (11th Cir. 2001). Similar to the foregoing analysis, the undisputed facts show that Mr. Goad and Mr. Azeltine never heard of KCI before this lawsuit, and they never used KCI’s trademarks, and they never sold, advertised, marketed, distributed or profited from sales of such. Accordingly, this Court should grant summary judgment on Count IV in favor or Mr. Goad and Mr. Azeltine. 13. Elements of Florida Deceptive and Unfair Trade Practices Act. A cause of action for damages under FDUTPA requires a plaintiff to prove that a defendant committed a deceptive act or practice that caused the plaintiff actual damages. Rollins, Inc. v. Butland, 951 So. 2d 860, 869 (Fla. 2d Dist. App. 2006). In addition, as only “consumers” have Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 11 of 14 PageID 453 SLK_TAM:#2677478v1 12 private rights of action in Florida, the plaintiff also has to establish that it is a “consumer”; i.e., a purchaser of goods. Shibata v. Lim, 133 F. Supp. 2d 1311, 1317–18 (M.D. Fla. 2000). Here again, even assuming that KCI can demonstrate that it is a “consumer” under Florida law, the undisputed facts establish that Mr. Goad and Mr. Azeltine were not involved in any sort of marketing, advertising or sales of KCI goods; they never used KCI trademarks; they never conducted any sort of business or sold anything to anyone. Mr. Goad is a roofer. Mr. Azeltine is a mechanic. They had nothing to do with sales of KCI products. Accordingly, this Court should grant summary judgment on Count V in favor or Mr. Goad and Mr. Azeltine. 14. Elements of Unfair Competition. Florida common law unfair competition is a catch-all term for any causes of action arising out of business conduct that runs counter to honest commercial business practices, and comprises things such as trademark infringement, tortious interference, and the like. Tobinick v. Novella, 142 F. Supp. 3d 1275, 1282 (S.D. Fla. 2015), aff'd sub nom. Edward Lewis Tobinick, MD v. Novella, 848 F.3d 935 (11th Cir. 2017). The same analysis applies here as in the foregoing. The undisputed facts show that Mr. Goad and Mr. Azeltine never heard of KCI before this lawsuit, and they never used KCI’s trademarks, and they never sold, advertised, marketed, distributed or profited from sales of such. Accordingly, this Court should grant summary judgment on Count VI in favor or Mr. Goad and Mr. Azeltine 15. Elements of Unjust Enrichment. In Florida, a cause of action for unjust enrichment requires a plaintiff to prove that the defendant accepted and retained a benefit conferred upon it by the plaintiff, and that it would be inequitable to allow the defendant to retain the benefit without paying for it. Tooltrend, Inc. v. CMT Utensili, SRL, 198 F.3d 802, 805 (11th Cir. 1999). The undisputed facts show that Mr. Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 12 of 14 PageID 454 SLK_TAM:#2677478v1 13 Goad and Mr. Azeltine never accepted any benefit from KCI, let alone retained such benefit without paying for it. Very much to the contrary, the first time Mr. Goad and Mr. Azeltine ever heard of KCI, they were slapped with a frivolous and unfounded lawsuit, which they have been unable to get out of and have no resources to fight. The undisputed facts show that Mr. Goad and Mr. Azeltine received no benefit from KCI. Accordingly, this Court should grant summary judgment on Count VII in favor or Mr. Goad and Mr. Azeltine 16. Elements of Replevin. Assuming that this court has in rem jurisdiction, a plaintiff in a replevin action must establish that a defendant has possession of the item sought to be replevied. Ctr. Capital Corp. v. Gulfstream Crane, LLC, 09-61021-CIV, 2009 WL 4909430, at *8–9 (S.D. Fla. Nov. 25, 2009). The undisputed facts show that Mr. Goad and Mr. Azeltine never had any KCI Machines or KCI Supplies in their possession, custody or control. Accordingly, this Court should grant summary judgment on Count VIII in favor or Mr. Goad and Mr. Azeltine CONCLUSION For the foregoing reasons, Mr. Goad and Mr. Azeltine respectfully request that this Court enter an order granting summary judgment on all counts in their favor and against KCI USA and KCI Licensing, and award to them their fees and costs incurred in this motion pursuant to Rule 11, Fed.R.Civ.P. Dated: April 7, 2017. /s/ Suzette Marteny Suzette Marteny FBN: 668591 Shumaker, Loop & Kendrick, LLP 101 E. Kennedy Blvd. #2800 Tampa FL 33602 smarteny@slk-law.com mschwalbach@slk-law.com Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 13 of 14 PageID 455 SLK_TAM:#2677478v1 14 813-227-2272 (Direct) 813-229-7600 (Main) 813-229-1660 (Fax) Attorneys for Defendants CERTIFICATE OF SERVICE I hereby certify that I filed the foregoing with the Clerk of Court’s CM/ECF system on April 7, 2017 and that the CM/ECF will serve all counsel of record. /s/Suzette Marteny Attorney Case 8:16-cv-01561-EAK-TBM Document 58 Filed 04/07/17 Page 14 of 14 PageID 456 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KCI USA, INC., et al., Plaintiffs, vs. CASE NO: 8:16-cv-01561-EAK-TBM GEORGE GOAD, et al., Defendants. ******************************************************* DEPOSITION OF: MATTHEW AZELTINE TAKEN: PURSUANT TO NOTICE COUNSEL FOR PLAINTIFF DATE: AUGUST 25, 2016 TIME: 10:55 - 11:39 A.M. LOCATION: SHUMAKER, LOOP & KENDRICK, LLP 101 EAST KENNEDY BOULEVARD SUITE 2800 TAMPA, FLORIDA 33602 REPORTED BY: ELSA M. HERNANDEZ ANTHEM REPORTING COURT REPORTER NOTARY PUBLIC COMMISSION NO. DD897203 EXPIRES: 9/30/2019 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 1 of 40 PageID 457 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 2 1 APPEARANCES: 2 3 DAVID A. LANDMAN, ESQUIRE ANTHONY C. SALLAH, ESQUIRE (VIA TELEPHONE) 4 Benesch, Friedlander, Coplan & Aronoff, LLP 200 Public Square 5 Suite 200 Cleveland, Ohio 44114-2378 6 7 Attorneys for Plaintiff 8 SUZETTE MARTENY, ESQUIRE 9 Shumaker, Loop & Kendrick, LLP 101 East Kennedy Boulevard 10 Suite 2800 Tampa, Florida 33602 11 12 Attorney for Defendants 13 14 ALSO PRESENT: Michael Warren 15 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 2 of 40 PageID 458 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 3 1 I N D E X 2 PAGE 3 DIRECT EXAMINATION BY MR. LANDMAN 4 STIPULATION 36 4 CERTIFICATE OF OATH 37 CERTIFICATE OF REPORTER 37 5 ERRATA SHEET 39 6 7 E X H I B I T S 8 FOR IDENTIFICATION PAGE NO. 9 Plaintiff's Exhibit No. 5 27 10 (DEF000749) 11 Plaintiff's Exhibit No. 6 28 (DEF0000004-5) 12 Plaintiff's Exhibit No. 7 30 13 (Spreadsheets) 14 15 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 3 of 40 PageID 459 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 4 1 THE COURT REPORTER: Do you swear or affirm 2 the testimony that you are about to give will be 3 the truth, the whole truth, and nothing but the 4 truth? 5 THE WITNESS: Yes. 6 MATTHEW AZELTINE, 7 the deponent herein, being duly sworn under oath, was 8 examined and testified as follows: 9 DIRECT EXAMINATION 10 BY MR. LANDMAN: 11 Q. Please state and spell your full name for the 12 record. 13 A. Matthew Azeltine, M-A-T-T-H-E-W. Last name, 14 A-Z-E-L-T-I-N-E. 15 Q. What is your present home address? 16 A. 8137 Cass Road, Zephyrhills, Florida. 17 Q. And how long have you lived at that location? 18 A. Year and a half, give or take. 19 Q. Where did you live before that? 20 A. I lived with my father-in-law for a couple of 21 months. Before that we were in an apartment in New 22 Tampa. 23 Q. And your father-in-law is Mr. Warren? 24 A. Michael Warren, yes, sir. 25 Q. What is your present place of employment? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 4 of 40 PageID 460 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 5 1 A. I work for Integrity Automotive Repair. It's 2 an auto shop in Dade City. 3 Q. And how long have you worked there? 4 A. Coming up on a year. 5 Q. And where were you employed before that? 6 A. Before that I was employed with Tires Choice 7 in New Port Richey. I started in New Tampa, which is 8 how -- they transferred me to New Port Richey, but -- 9 actually, I take that back. I was at Buddy Foster's 10 for a little while, which is another little independent 11 in Zephyrhills. I was only there for a couple of 12 months. I was with Tires Choice before that. 13 Q. Have you ever owned your own business? 14 A. No. 15 Q. Let me go over a few ground rules for your 16 deposition, okay. Have you ever been deposed before? 17 A. No, sir. 18 Q. You have your counsel sitting to your right; 19 correct? 20 A. Correct. 21 Q. And is she the only person presently 22 representing you in this matter? 23 A. Yes. 24 Q. Have you ever been represented by any other 25 attorneys in this matter? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 5 of 40 PageID 461 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 6 1 A. No. 2 Q. Do you know who Laurel Matthews is? 3 A. I've heard the name. I couldn't tell you who 4 she is or how it's related. 5 Q. You've never spoken with her? 6 A. No. 7 Q. Never e-mailed with her? 8 A. No. 9 Q. I'm going to ask you a series of questions to 10 which you will provide the answers to the best of your 11 knowledge. Is that clear? 12 A. Yes. 13 Q. And you understand you are oath today to 14 testify truthfully? 15 A. Yes. 16 Q. I just ask that you let me complete each 17 question before you answer, so that we're not talking 18 over each other. 19 A. Okay. 20 Q. I would also ask that you answer your question 21 verbally and not with a nod of the head. Is that 22 clear? 23 A. Yes, sir. 24 Q. If you need a break at any time, that's fine, 25 just let me know. I just ask that you finish answering Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 6 of 40 PageID 462 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 7 1 the question that I've asked before we take the break. 2 Clear? 3 A. Yes. 4 Q. If a question is unclear to you, please tell 5 me; otherwise I will have assumed that you understood 6 what I've asked. Is that clear? 7 A. Yes, sir. 8 Q. Is there any reason why you cannot testify 9 accurately here today? 10 A. No. 11 Q. Are you on any medications that might prevent 12 you from testifying accurately here today? 13 A. No. 14 Q. As you know, I'm one of the lawyers 15 representing the plaintiffs in this action. 16 A. Yes, sir. 17 Q. And you are a defendant in this action. What 18 have you done to prepare for your deposition today? 19 A. Nothing, really. I mean, we've spoken with 20 the attorney once or twice, but -- I mean, nothing as 21 far as preparations, I would say. 22 Q. Okay. And do you have a middle name? 23 A. Lee, yes, sir. 24 Q. Did you ever go by any other names? 25 A. I go by Matt mostly, Matt or Matthew, but I've Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 7 of 40 PageID 463 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 8 1 never used my middle name for anything, no. 2 Q. And you are married to Mr. Warren's daughter? 3 A. Correct. 4 Q. And her name is Ashlee? 5 A. Yes. 6 Q. Has she taken your last name? 7 A. She has taken my last name. 8 Q. When did you get married? 9 A. We got married May 16th of 2015, so just over 10 a year ago. 11 Q. Do you have any children? 12 A. We have two children. I've got an 13 eight-year-old daughter and a one-year-old son. We 14 were together for a time before we got married. We 15 were together for eight years, give or take, so that's 16 why the gap. 17 Q. Understood. Do you have your own e-mail 18 address? 19 A. I do have my own e-mail address, yes, sir. 20 Q. What is your e-mail address? 21 A. My e-mail address is mazeltine84@gmail.com. I 22 do have a Yahoo address that I haven't used in a very 23 long time. Obviously I got my smartphone; smartphones 24 come with an e-mail address. That e-mail address is on 25 my phone all the time, so that's the e-mail address Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 8 of 40 PageID 464 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 9 1 that I've used for years. 2 Q. And what is it? 3 A. Mazeltine84@gmail.com. I believe there is 4 another e-mail address in my name. That is attached to 5 my eBay account. Again, it's not an e-mail that I've 6 used in years, as my cell phone has a new e-mail. The 7 eBay account was set up 12 years ago. To be honest 8 with you, I don't even know that I know the password or 9 can get to my old e-mail address. I think it was 10 Yahoo. 11 Q. Do you know what the e-mail address was? 12 A. I'm not positive. If I had to guess, it would 13 probably be something similar, mazeltine84, but I'm 14 pretty sure it was a Yahoo account. 15 Q. Okay. And you haven't used that in several 16 years? 17 A. Yes. 18 Q. Did you have an e-mail address that was 19 something like ashleematt? 20 A. I think my wife's e-mail might be ashleematt. 21 It's definitely an e-mail address that I've heard. 22 It's not mine specifically, no. 23 Q. Do you know what her e-mail address is? 24 A. I think it's ashleematt1315@gmail, but I would 25 have to check with her. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 9 of 40 PageID 465 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 10 1 Q. So that would be A-S-H-L-E-E-M-A-T-T 2 1315@yahoo.com? 3 A. That sounds right. Like I said, I would have 4 to definitely check with her to make sure that's it. 5 Q. Have you ever used that e-mail address? 6 A. That one, no. That e-mail address I have not 7 used. 8 Q. To your knowledge, does your wife use it 9 regularly? 10 A. No. She's got a Gmail account on her 11 smartphone, the same as I do. 12 Q. What is her present Gmail account? Do you 13 know? 14 A. I think it's ashleematt1315@gmail. 15 Q. So the Yahoo one she set up some time ago? 16 A. Yes. 17 Q. Presumably after you started being together, 18 because it has your name in it? 19 A. Yes. 20 Q. But as far as you know, did she ever use that? 21 A. I don't think so. Again, this has all been 22 years ago. If I remember correctly, I think I got 23 locked out of my eBay account at one point and I 24 couldn't get into the e-mail account, so that may have 25 been when she created the new Yahoo account for my Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 10 of 40 PageID 466 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 11 1 eBay. And again, that's speculation. I don't know 2 100 percent, but that doesn't -- if that's the e-mail 3 address that's attached to my eBay account, that's not 4 one that I would've set up personally. But like I 5 said, it is possible that at some point I got locked 6 out of my eBay account and couldn't get into that 7 e-mail address. 8 Q. Understood. 9 A. So we may have created that to get back into 10 my eBay account. 11 Q. Now, you have your own eBay account? 12 A. That is my eBay account. 13 Q. The ashleematt is your eBay account; is that 14 correct? I should say, the ashleematt1513@yahoo.com is 15 the e-mail associated with your eBay account? 16 A. Yeah, that sounds accurate. Again, I have no 17 idea. I haven't done any e-mail related to eBay. I 18 don't post anything. When I started my eBay account, 19 it was to buy stuff. This was 12 or 13 years ago. 20 Q. Let's talk about that. So you started your 21 eBay account 12 or 13 years ago? 22 A. Would be a rough estimate. I definitely 23 started my eBay account before I knew Ashlee. 24 Q. And are you still using it today? 25 A. Not -- we post on it every once in a while. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 11 of 40 PageID 467 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 12 1 If I need to buy something on eBay, I'll usually check 2 with Mike, because he handles all the eBay stuff. So 3 I'll let him know, "Hey, I'm going to order this. Is 4 that okay?" Just so that it doesn't mess with any of 5 the business that he's got going on. 6 Q. When you say "we do it," explain to me what 7 you mean when you say you're working with Mr. Warren on 8 your eBay account. 9 MS. MARTENY: Object to form. 10 Q. He has his own account; correct? 11 MR. MARTENY: Object to form. 12 You can answer. I just have to interpose if I 13 have an objection. 14 A. Yes. 15 Q. Does he use your account as well? 16 A. My wife does mostly. Basically Michael buys 17 stuff. He has bought movie stores. Blockbusters went 18 out of business, and he's bought collections from 19 Blockbuster. He's has stockpiles of DVDs. He doesn't 20 have time to post it, so he'll help us out. "You guys 21 post some of these movies, and I'll throw you some 22 money for posting it for me." So we would post his 23 stuff, so all the e-mails any questions or anything 24 like that pertaining to the products that we were 25 listing, he would answer. It was all his stuff. If Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 12 of 40 PageID 468 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 13 1 you want to know what condition it's in or if it's new 2 or what it's been through, it was all his product, so 3 he would deal with the e-mail part of it. But my wife 4 would post it for him. 5 So if I needed to buy something on eBay for 6 whatever reason -- because there's DVDs being sold and 7 money going into the PayPal account from the DVDs. I 8 don't want to go online and buy something and take 9 money out of what is technically his money from his 10 product. Does that make sense? 11 So I would call him, "Hey, Mike, just so you 12 know, I'm buying something on my eBay account. This is 13 how much it costs," so that, you know, it's not 14 interfering with whatever -- you know what I mean? 15 Q. So let me try to clarify this. So you would 16 conduct your own personal business on eBay, but 17 Mr. Warren would also conduct business on your eBay 18 account that you would help him conduct; is that 19 accurate? 20 MS. MARTENY: Object to form. 21 A. Yeah. 22 Q. So you had your own separate -- 23 A. If you could -- 24 Q. -- purchases and sales on eBay; is that 25 correct? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 13 of 40 PageID 469 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 14 1 A. No. I never sold anything. The only thing 2 personally -- I fix cars. A lot of times there is 3 stuff that I can get on eBay cheaper than I can get 4 locally. There's stuff I can get on eBay that I just 5 can't locally. Maybe once or twice a year I would buy 6 something on eBay, so it's not like, you know what I 7 mean, I'm on eBay all the time doing my business. Once 8 or twice a year if I need to buy something. And that's 9 why I felt that I should let him know, because all of 10 the sales that were done on eBay, even though my wife 11 posted them, goes back to originally it was Mike's 12 merchandise. 13 Q. And how does that work financially? If a 14 payment is made on eBay, whose account is that payment 15 going to? 16 A. Nothing of mine is attached to that PayPal 17 account. Whatever money goes into that PayPal 18 account -- 19 Q. Let's not talk about the PayPal account yet. 20 Let's talk about the eBay account. 21 A. Okay. 22 Q. You have personally never sold anything on 23 eBay of your own? 24 A. Of mine; correct. 25 Q. What about your wife? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 14 of 40 PageID 470 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 15 1 A. I don't know that she's posted anything of 2 ours on eBay. I'm pretty sure everything that she 3 posts is stuff that she's gotten from Mike. 4 Q. Now, you and/or your wife have posted things 5 on your eBay account for your father-in-law; is that 6 correct? 7 A. Correct. 8 Q. On behalf of his request to do so; correct? 9 A. Yes. 10 Q. But on your account? 11 A. Right. 12 Q. When those things get sold, how is the money 13 transferred for the purchase? 14 A. Mike has access to the PayPal account. 15 Q. So it goes, he sells -- you sell it on eBay, 16 but then it goes right into a PayPal account? 17 A. Correct. 18 Q. Whose PayPal account? 19 A. It is my PayPal account. All of the money 20 that's in there, again, goes back to stuff that's from 21 his stuff. So, yes, the PayPal account is in my name, 22 but I don't touch the money that's there because it's 23 technically Mike's money, because it's all his stuff 24 that he's selling. 25 Q. Now, that PayPal account also has your name Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 15 of 40 PageID 471 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 16 1 and the ashleematt1315 e-mail address associated with 2 it? 3 A. Then that is probably the same PayPal account. 4 Q. Is that correct? 5 A. Probably, yeah. 6 Q. So whenever somebody buys something from eBay 7 on your account, it goes into your PayPal account. But 8 then Mr. Warren has access to your PayPal account, and 9 he will put money in, take money out, whatever 10 transaction is needed to be done? 11 A. Whatever transactions he feels need to be 12 done. 13 Q. And neither you nor your wife get involved 14 with any of the financial aspects of those 15 transactions? 16 A. Not any of it. I trust my father-in-law. He 17 has 100 percent access to the PayPal account, again, 18 because it all goes back to the same thing. It's all 19 his merchandise to begin with, so I'm not going to -- I 20 don't need access to it because none of the money is 21 technically mine. All the stuff that's being bought on 22 eBay is all his stuff, so all the money from his stuff 23 is his money. 24 Q. Understood. 25 A. I have no reason to need access to the PayPal Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 16 of 40 PageID 472 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 17 1 account. 2 Q. Understood. 3 A. The only reason that PayPal account was set up 4 to begin with, goes back to 13 years ago. The only way 5 to buy on eBay is with a PayPal account. 6 Q. Okay. So the original reason you set up the 7 PayPal account was so that you could personally 8 purchase things on eBay? 9 A. Correct. And when I set it up originally, it 10 was linked to my debit card so that I could just log in 11 to my PayPal, pay this amount. I don't need any money 12 in my PayPal account that would draw directly off my 13 credit card. 14 Once Ashlee started posting for Mike, I didn't 15 want -- I didn't want there to be any crossing of funds 16 for whatever reason, so I detached my card from my 17 PayPal account. That's why I check with him any time I 18 buy something, because now my card is not physically 19 attached to the PayPal account. So if I buy something, 20 it's going to pull money out of, basically his funding 21 that he's made from the stuff what we've posted. 22 Q. Understood. And then you reimburse him or 23 whatever? 24 A. Right. I would just do, it's $45, here is $45 25 with shipping or whatever. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 17 of 40 PageID 473 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 18 1 Q. At the time that you set up your PayPal 2 account, did you know Mr. Warren or Mr. Goad? 3 A. No, because it was before I met Ashlee when I 4 set all that up. 5 Q. Okay. To your knowledge, does Mr. Warren have 6 his own eBay and PayPal account? 7 A. I believe he does, yes. 8 Q. Do you know why he continues to use yours? 9 A. If I was going to speculate, I would say that 10 it's because he does post some of his stuff too. And 11 it's just easier for everything that Ashlee posts to go 12 into my PayPal account and everything that he posts go 13 into his PayPal account. That way he can keep track of 14 what we're posting. He can scroll through his payments 15 and say, "Okay, you've posted this much stuff. I will 16 give you 10 percent for helping me out. I'll help you 17 out." It's easier for him to track what we've posted, 18 what he's posted. And again, that's speculation. 19 Q. Even the things that you and Ashlee are 20 posting, you're posting for Mr. Warren? 21 A. Right. 22 Q. So why is he posting some things and you are 23 posting some things separately? 24 A. Because he has a full-time job and he 25 literally would not be able to post half the stuff that Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 18 of 40 PageID 474 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 19 1 he has if he was the only one doing it. My wife sits 2 at home with the kids, so it helps her out. She can 3 sit at home and make some money on the side. He throws 4 her some cash for posting the stuff for him, and it 5 helps him out because now he doesn't have to actually 6 sit down at the computer and post everything. 7 Q. Couldn't you or she post those things on his 8 account? 9 A. Yeah, but then -- again, I'm strictly 10 speculating on what it would look like from this 11 standpoint -- but the only reason that I can see doing 12 that is, again, to keep separate. "This is what you 13 guys have posted for me. This is what I've posted." 14 I mean, I think one of the issues is you don't 15 understand how much. Mike buys and sells anything. He 16 always has, from the time I've met him. If he can buy 17 a collection of Hess trucks for 50 bucks and sell them 18 individually for 45, he will buy your entire collection 19 and he's going to stick it in storage. And when he 20 gets around to it, he'll pull it out and post it. He 21 has so much stuff that he -- I mean, Hot Wheels, 22 makeup, anything. Anything you can possibly want he's 23 bought and sold at some point. Like I said, for him to 24 be posting 200 items a month and Ashlee be posting 200, 25 250 items a month, it's easier to just keep it Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 19 of 40 PageID 475 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 20 1 separate. "This is what you've done. This is what I 2 need to pay you for posting for me. This I don't need 3 to pay anybody for, because I posted this myself." 4 Q. Now, do you know if Mr. Warren has been using 5 your -- I should say your wife's ashleematt e-mail 6 address to communicate with buyers and sellers on eBay? 7 A. I would imagine, yeah. Like I said, I don't 8 get into the communication between buying and selling. 9 But yeah, I would imagine there is an e-mail address 10 associated with the eBay account, so any time somebody 11 has a question or concern or I got this and it was 12 broken, they're going to e-mail that e-mail account. 13 And again, it's not my stuff, so I have no reason -- if 14 I send out a pair of sunglasses and they get broken in 15 the mail and somebody calls me and says, "Hey, I got 16 this pair of sunglasses, they're broken," I will have 17 to get with Mike because they were his sunglasses. So 18 it's easier, since it's an old e-mail address that I 19 don't use anyway, for him to just take care of all the 20 e-mail that came through, because all the e-mail on 21 that account is going to be from that eBay account. 22 And with all the stuff being his, I didn't have any 23 reason to need it. 24 Q. Now, you know George Goad; correct? 25 A. I do know George Goad. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 20 of 40 PageID 476 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 21 1 Q. Is he related to you? 2 A. He's not related to me. He's Mike Warren's 3 brother. 4 Q. So he is your wife's uncle? 5 A. Yes. 6 Q. And you've known him since the time you got 7 together with Ashlee? 8 A. Eight years or so, yes. 9 Q. Do you know to what extent, if any, Mr. Goad 10 does something similar with his eBay and PayPal 11 accounts, in terms of posting things for Mr. Warren? 12 A. It's hard for me to speculate what they do. I 13 know George, and he is not real computer savvy. I 14 don't really see George getting online and posting. 15 Just knowing George, he is just not -- I think Mike may 16 have tried to help him in the same way he is helping 17 Ashlee, just getting used to buying stuff and selling 18 it and being able to make money on -- not much -- but 19 as far as my knowledge of George, I don't really see 20 him being the one to sit down and do it. Like I said, 21 as far as computer, cell phones, he's not real 22 equipped. 23 Q. Have you ever e-mailed with George Goad? 24 A. No. 25 Q. Are you aware if he has a PayPal account? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 21 of 40 PageID 477 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 22 1 A. I have no idea. 2 Q. Are you aware if he has an eBay account? 3 A. I would have to guess, yes, being that he's 4 involved in all of this with us. Before any of this I 5 wouldn't have known one way or another if he had an 6 eBay or PayPal account. 7 Q. Are you aware if he has an e-mail address? 8 A. He has a smartphone, so he has to have an 9 e-mail address. 10 Q. Do you know what his e-mail address is? 11 A. Haven't the slightest. 12 Q. And you have no actual knowledge of his 13 involvement with buying or selling any products on 14 eBay; correct? 15 A. I don't have any knowledge of it. 16 Q. Prior to this litigation, have you ever heard 17 of a company called Healthcare Essentials? 18 A. No. 19 Q. Do you now know who Healthcare Essentials is? 20 A. I assume they're related to KCI in some way. 21 Healthcare Essentials, no, I couldn't tell you honestly 22 who that is. KCI I've heard from all of this, 23 obviously, but... 24 Q. Have you heard of KCI before this lawsuit? 25 A. No, I can't say that I have. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 22 of 40 PageID 478 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 23 1 Q. Were you posting any KCI products on eBay on 2 behalf of Mr. Warren at any time? 3 A. No, I haven't. I don't know that my wife has. 4 I mean, she may have posted a couple of items here or 5 there. I usually see what comes in and out of the 6 house, and pretty much everything we get is daily 7 stuff, DVDs, CDs, movies, that kind of stuff, the 8 occasional electronics, you know what I mean, a watch 9 here and there -- 10 Q. So the products -- 11 A. -- as far as medical. 12 Q. -- so the products that you are posting for 13 Mr. Warren come through your house? 14 A. Depending on the arrangement. Currently they 15 do. I mean, like I said, we were living with them for 16 a little while. Obviously, if we're living with them, 17 all his stuff is going to stay with his stuff. 18 Again, she does all the posting. All I'm 19 telling you is based on what I see, you know what I 20 mean. And the stuff that I see coming in and out of 21 the house, when it has come in and out of the house, 22 has all been regular daily items. 23 Q. So does she purchase things for him on eBay 24 too, or is she just posting to sell? 25 A. All she does is post. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 23 of 40 PageID 479 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 24 1 Q. Post to sell? 2 A. Yes. She doesn't purchase anything on eBay, 3 she doesn't -- 4 Q. So how are things coming into your house? Is 5 Mr. Warren purchasing them but directing they be sent 6 to your house? 7 A. I mean, we're family. We see each other all 8 the time. So basically, like, we'll be over there for 9 a barbecue and Mike will say, "Hey, I've got such, 10 such, and such that I needed posted. Are you doing 11 anything this week? Do you want to make some money?" 12 Q. So then you'll take whatever those products 13 are and take them back to your house? 14 A. Yeah. He'll get a box, either that or he'll 15 take some pictures, and he'll just give us a thumb 16 drive with the pictures on it. That way we can just 17 load the pictures. But, yeah, that's basically the way 18 it worked. Like I said, he's got a couple of storage 19 sheds in his yard. He's got all kinds of retail goods. 20 He'd get a tote or cardboard box or whatever. "All 21 right. Post this, this, this. That will be $100 to 22 post the box for me." 23 Q. Understood. Do you know -- 24 A. And -- 25 Q. Go ahead. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 24 of 40 PageID 480 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 25 1 A. They have changed kind of the way they post 2 and the way he pays her, you know. "I will pay you per 3 item or X percent per item," just to try to help her in 4 whatever way is more convenient for her. 5 So as far as payment for posting, it's kind of 6 changed throughout the years. But for the most part, 7 that's the way it would work out. "Here, I've got this 8 box of stuff. Post it for me, and I'll give you "75, 9 80 bucks, 100 bucks, whatever, depending on what was in 10 it. 11 Q. So do you know where Mr. Warren acquires the 12 products that he then sells? 13 A. All over the place,, flea markets,, he's got 14 Craigslist ads posted. "I buy collections." I mean, 15 he gets it from all over the place. He's got a couple 16 of people that he deals with on a regular basis -- and 17 I don't know any of them -- but just from seeing him, 18 you know, getting deals or picking up this or that. 19 But yeah, flea markets, Craigslist, people find him 20 from wherever with collections of autographs or 21 collections of baseball caps or whatever. 22 Q. Do you know where he acquires any KCI products 23 from? 24 A. Couldn't even begin to guess. 25 Q. Do you know who Ryan Tennebar is? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 25 of 40 PageID 481 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 26 1 A. I've heard his name from all of this, but 2 before meeting with the attorney, I couldn't -- 3 Q. You never heard of him before? 4 A. No. 5 Q. Have you had any communications with him? 6 A. Absolutely not. 7 Q. No e-mails? No phone calls? 8 A. No. 9 Q. We're going to look at a few documents now. 10 You have a stack in front of you of documents that were 11 produced by your counsel in this case. 12 A. Okay. 13 Q. Have you seen those documents or reviewed them 14 prior to today? 15 A. No. 16 Q. Did you help collect or gather any of those 17 documents for production? 18 A. No. 19 Q. Could you take a look -- on the bottom 20 right-hand corner there's a number called the Bates 21 number. 22 A. Okay. 23 Q. Could you go to the one that's marked 24 DEF000749, please. 25 A. Okay. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 26 of 40 PageID 482 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 27 1 (Plaintiff's Exhibit No. 5 was marked for 2 identification.) 3 BY MR. LANDMAN: 4 Q. This is an e-mail dated May 6, 2014. It's 5 from an e-mail address that is am2kidz@aol.com. Do you 6 know whose e-mail address that is? 7 A. I believe that's Mike's e-mail address. 8 Q. It says, "I am looking to buy all KCI supplies 9 like dressings, canisters, vac machines and more. 10 Please contact me," and it's signed by somebody named 11 Andy. Is Andy a name that Mr. Warren ever uses, to 12 your knowledge? 13 A. Yeah. His middle name is Andrew, and a lot of 14 times when he is doing business or he's meeting people 15 for the first time or he doesn't know who he's meeting, 16 he won't use his first name, he'll use Andy. Why? I 17 don't know. But, yeah, I have heard Mike refer to 18 himself as Andy in doing stuff, yes. 19 Q. And does he then give his last name, or 20 typically if he is just giving the name Andy -- 21 A. Again, with his business, I don't get too 22 involved in it. I've heard him answer the phone as 23 Andy before. I don't ask why. I don't get involved. 24 Q. But he doesn't typically use that name with 25 friends or colleagues or people he knows, to your Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 27 of 40 PageID 483 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 28 1 knowledge? 2 A. To my knowledge, no. But I mean -- to my 3 knowledge, he pretty much uses Andy for business. 4 Q. Have you ever heard of a company out of 5 Colorado called GoodHealthwill? 6 A. No. 7 Q. And you are not aware of yourself or 8 Mr. Warren purchasing any KCI products from that 9 entity, are you? 10 MS. MARTENY: Object to form. 11 A. No, not that I'm aware of. 12 Q. Here is a separate stack of documents. This 13 was part of the first production. Please turn to what 14 is marked as DEF00004 and 00005. It's a two-page 15 e-mail, and we'll mark as plaintiff's Exhibit 6 please. 16 (Plaintiff's Exhibit No. 6 was marked for 17 identification.) 18 BY MR. LANDMAN: 19 Q. This appears to be an e-mail from Ashlee 20 Warren and has the ashleematt1513@yahoo.com e-mail 21 address on it, and it's dated November 17th, 2012; 22 correct? 23 A. Yes. 24 Q. And it's addressed to an e-mail addressed at 25 dwallingford164@gmail.com; correct? Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 28 of 40 PageID 484 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 29 1 A. Correct. 2 Q. Do you have any idea who that e-mail address 3 is? The recipient? 4 A. No idea. 5 Q. But this is the e-mail address that you 6 testified your wife set up some time ago, but she 7 doesn't use it anymore; is that correct? 8 A. Correct. 9 Q. What is her e-mail address now? 10 A. I believe it's ashleematt1315@gmail.com. 11 Q. So you personally did not send this e-mail; is 12 that correct? 13 A. No. 14 Q. Because you've never used this e-mail address; 15 correct? 16 A. Correct. 17 Q. Do you have any reason to believe that your 18 wife sent this e-mail? 19 A. No. 20 Q. Do you have any reason to believe that anybody 21 else had access to your wife's e-mail address? 22 A. No. 23 Q. Are you aware of Mr. Warren using your wife's 24 e-mail address? This e-mail address here. 25 A. Yes. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 29 of 40 PageID 485 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 30 1 Q. Are you aware that he has access to it? 2 A. Yes. 3 Q. Are you aware that he would use it for 4 business purposes? 5 A. Yes. 6 Q. So you have not seen this e-mail before today; 7 correct? 8 A. No, sir. 9 Q. Do you know why he would use that e-mail 10 address as opposed to his own e-mail address? 11 A. I have no idea. 12 MR. LANDMAN: I'd like to introduce this next 13 exhibit, which is Plaintiff's Exhibit 7. 14 (Plaintiff's Exhibit No. 7 was marked for 15 identification.) 16 BY MR. LANDMAN: 17 Q. Please take a moment to look at it. 18 A. Okay. 19 Q. Do you recognize what this document is, 20 Mr. Azeltine? 21 A. I don't recognize it. Looks like a printout 22 from an account. I don't know if it's PayPal or 23 eBay -- well, eBay, Inc., shipping -- I would have to 24 guess this is a PayPal transaction log. That would be 25 a valid guess. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 30 of 40 PageID 486 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 31 1 Q. Yes. I'll represent to you that that's what 2 it is. 3 You've never seen this before? 4 A. No. 5 Q. Look at the top left of the first page, 6 please. That has your name; correct? 7 A. Yes. 8 Q. And it has the ashleematt1315@yahoo.com e-mail 9 address; correct? 10 A. Yes, sir. 11 Q. And do you recognize the account number as 12 yours? 13 A. I couldn't tell you whether that was my 14 account number or not. I mean, it's got my name on it, 15 so I'm sure it probably is. 16 Q. And it says in the total amount sent, 17 $245,122.85; correct? 18 A. That is what it says. 19 Q. And to your knowledge, are all of these 20 transactions relating to Mr. Warren's business? 21 A. I would imagine so. None of them -- I can 22 tell you none of it is mine. As far as I know, Mike is 23 the only one that has access to that account other than 24 me. So being that none of it is mine, I would have to 25 guess that it's all his. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 31 of 40 PageID 487 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 32 1 Q. And he has his own PayPal account; correct? 2 A. Correct. 3 Q. So you don't have any specific knowledge about 4 any of the items on here; correct? 5 A. No. 6 Q. Do you receive monthly statements from PayPal? 7 A. I do not. 8 Q. When is the last time you accessed your PayPal 9 account? 10 A. I couldn't rightly tell you. I know I haven't 11 accessed that account in a number of years, at least. 12 Q. And you testified that you and your wife 13 receive a percentage of things that you post on eBay? 14 MS. MARTENY: Object to form. 15 Q. Is that correct? 16 A. Currently, no. They have -- Mike and Ashlee 17 have, for a term, had an agreement where you post X 18 dollars and I'll give you a percentage of the posting. 19 Like I said, now it's -- the way they do it now, more 20 or less is, he will give her a box of stuff and says, 21 "Here, post all this. When you get it done, I'll give 22 you this much money." 23 Like I said, the way he pays her for posting 24 has changed throughout the years. There was a time 25 that it was a percentage base, and -- again -- most of Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 32 of 40 PageID 488 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 33 1 that was between her and him. I couldn't tell you for 2 sure, you know what I mean, how they set that up. 3 I do know that he helps us out when she posts 4 for him. And like I said, right now the way they're 5 doing it is he gives her a box of stuff and say, "Post 6 this and I'll give you this dollar amount when you are 7 done posting all of it." 8 Q. Do you know approximately how much money since 9 the inception of the relationship has been transferred 10 to you or your wife for posting things for Mr. Warren? 11 A. I couldn't begin to guess. Like I said, on 12 average any given box of stuff, he'll give her anywhere 13 from 80 to $150, depending on what's in it. 14 Q. That could be on a weekly basis? 15 A. Less than weekly, I would say. She's busy. 16 Twice a month, maybe three times a month. I would 17 definitely say less than weekly, but a few times a 18 month would probably be my guesstimate. 19 Q. Okay. I'd like to go to an exhibit that we 20 marked in the last deposition, which was the PayPal log 21 for Mr. Goad. Do you have that? 22 A. Yes. 23 Q. This is Mr. Goad's PayPal logs. Have you ever 24 seen those before, to your knowledge? 25 A. No, sir. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 33 of 40 PageID 489 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 34 1 Q. Have you ever accessed Mr. Goad's PayPal 2 account? 3 A. No. 4 Q. Have you ever accessed Mr. Warren's PayPal 5 account? 6 A. No, sir. 7 Q. Could you please look at Row 26 on here and go 8 over to Column P. This is an August 12th, 2015, entry, 9 which appears to be sent from the "goadster40" e-mail 10 address to Mr. Warren's e-mail address. Do you see 11 that? 12 A. I do see that. 13 Q. And the notes in the message says as follows: 14 Quote, "Please tell Matt to stop sending the payments 15 to this account. I have to keep forwarding everything 16 to you. Here is his latest payment, minus any fees I 17 might have taken on," end quote. 18 Do you have any idea what that is referencing? 19 A. No idea. 20 Q. And you have no idea if that "Matt" is 21 referring to you? 22 A. I couldn't begin to speculate. 23 Q. Did you ever send payments, any sort of 24 payments, to Mr. Goad's PayPal account? 25 A. No. Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 34 of 40 PageID 490 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 35 1 Q. Have you conducted any business or have any 2 business relationship of any kind with Mr. Goad? 3 A. No. 4 Q. Does your wife, as far as you know? 5 A. No. I mean, he's family. We hang out. But 6 as far as business, there's no business between any of 7 us. 8 Q. So you had no knowledge of Mr. Goad's 9 involvement in any of this before the litigation; is 10 that correct? 11 A. Correct. 12 Q. Sorry. Were you going to say something else 13 about that quote? 14 A. No. 15 Q. You have no idea what that is about? 16 A. No. 17 Q. Any other "Matts" in the family? 18 A. I'm the only "Matt" that I know of. 19 Q. Do you ever send messages like that between 20 your PayPal account and Mr. Warren's PayPal account? 21 Do you ever send messages? 22 A. I don't ever send anything on PayPal. 23 Q. You don't use PayPal at all? 24 A. No. Like I said, I don't log onto the 25 account, I don't look at the balance, I don't have Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 35 of 40 PageID 491 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 36 1 nothing to do with the PayPal account that's attached 2 to my eBay account. 3 Q. And you have nothing to do with forwarding 4 payments or anything like that? 5 A. No. 6 Q. Are you familiar generally with negative 7 pressure wound therapy and what that term means? 8 A. No. 9 Q. Did you have conversations with Mr. Warren or 10 Mr. Goad about filing a lawsuit against PayPal or 11 against the Benesch law firm? 12 A. No, not to my knowledge. I haven't talked to 13 anybody about any such lawsuit. 14 MR. LANDMAN: I have nothing further. Thank 15 you for your time. 16 Off the record. 17 MS. MARTENY: We'll read. 18 STIPULATION 19 It was stated by counsel that the exercise of 20 reading and signing the transcript would not be waived. 21 22 23 (WHEREUPON, the taking of the deposition was 24 concluded at 11:39 a.m.) 25 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 36 of 40 PageID 492 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 37 1 CERTIFICATE OF OATH 2 3 4 STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) 5 ************************* 6 7 8 I, Elsa Hernandez, the undersigned Notary 9 Public, State of Florida, certify that MATTHEW AZELTINE, who produced a driver's license for 10 identification, in the aforesaid proceedings appeared before me on and was duly sworn. 11 12 Signed this date: 25th day of August, 2016. 13 14 ------------------------------- ELSA HERNANDEZ, FPR 15 Notary Public, State of Florida Commission No. DD897203 16 Expires 9/30/2019 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 37 of 40 PageID 493 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 38 1 CERTIFICATE OF REPORTER 2 3 STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) 4 5 I, ELSA HERNANDEZ, Court Reporter, do hereby certify that I was authorized to and did stenographically 6 report the deposition of MATTHEW AZELTINE; that a review of the transcript was requested; and that the 7 foregoing transcript, pages 1 through 35, is a true record of my stenographic notes. 8 I FURTHER CERTIFY that I am not a relative, employee, 9 or attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties attorney 10 or counsel connected with the action, nor am I financially interested in the action. 11 12 DATED this 5th day of September, 2016. 13 14 15 ------------------------ ELSA HERNANDEZ, FPR 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 38 of 40 PageID 494 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 39 1 ERRATA SHEET 2 STYLE: KCI USA, INC. v. GEORGE GOAD, et al. CASE NO: 8:16-cv-01561-EAK-TBM 3 DATE TAKEN: August 25, 2016 DEPOSITION OF: MATTHEW AZELTINE 4 PAGE LINE CHANGE REASON 5 _______________________________________________________ 6 _______________________________________________________ 7 _______________________________________________________ 8 _______________________________________________________ 9 _______________________________________________________ 10 _______________________________________________________ 11 _______________________________________________________ 12 _______________________________________________________ 13 _______________________________________________________ 14 _______________________________________________________ 15 _______________________________________________________ 16 _______________________________________________________ 17 _______________________________________________________ 18 _______________________________________________________ 19 _______________________________________________________ 20 _______________________________________________________ 21 _______________________________________________________ 22 Under penalties of perjury, I declare that I have read the foregoing document and that the facts 23 stated in it are true. ______________ ________________________ 24 Date MATTHEW AZELTINE Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 39 of 40 PageID 495 ebad7659-7a51-4ef5-8de0-b1e793336a38 www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 40 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA 2 TAMPA DIVISION 3 8:16-cv-01561-EAK-TBM 4 KCI USA, INC., 5 Plaintiff, 6 vs. 7 GEORGE GOAD, et al., 8 Defendants. 9 10 IN RE: DEPOSITION OF GEORGE GOAD TAKEN: 8/25/16 11 TO: SUZETTE MARTENY, ESQUIRE Shumaker, Loop & Kendrick, LLP 12 101 East Kennedy Boulevard Suite 2800 13 Tampa, Florida 33602 14 At the conclusion of the deposition in the above-styled case you indicated that Mr. Azeltine would read and 15 sign his testimony. 16 Arrangements can be made to accommodate him at a reporting office of your convenience. Please call 17 Anthem Reporting at 813-272-2720 to set up an appointment. 18 I would suggest you facilitate this within the next 30 19 days so counsel will have the benefit of any corrections or amendments you may wish to make. 20 If you have any questions, please do not hesitate to 21 call. Thank you in advance for your assistance in this regard. 22 Respectfully submitted, 23 24 Elsa Hernandez 25 Case 8:16-cv-01561-EAK-TBM Document 58-1 Filed 04/07/17 Page 40 of 40 PageID 496 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KCI USA, INC., et al., Plaintiffs, vs. CASE NO: 8:16-cv-01561-EAK-TBM GEORGE GOAD, et al., Defendants. ******************************************************* DEPOSITION OF: GEORGE GOAD TAKEN: PURSUANT TO NOTICE COUNSEL FOR PLAINTIFFS DATE: August 25, 2016 TIME: 9:00 - 10:11 A.M. LOCATION: Shumaker, Loop & Kendrick, LLP 101 East Kennedy Boulevard Suite 2800 Tampa, Florida 33602 REPORTED BY: ELSA M. HERNANDEZ Anthem Reporting Court Reporter Notary Public Commission No. DD897203 Expires: 9/30/2019 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 1 of 45 PageID 497 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 2 1 APPEARANCES: 2 3 DAVID A. LANDMAN, ESQUIRE ANTHONY C. SALLAH, ESQUIRE (VIA TELEPHONE) 4 Benesch, Friedlander, Coplan & Aronoff, LLP 200 Public Square 5 Suite 200 Cleveland, Ohio 44114-2378 6 7 Attorney for Plaintiff 8 SUZETTE MARTENY, ESQUIRE 9 Shumaker, Loop & Kendrick, LLP 101 East Kennedy Boulevard 10 Suite 2800 Tampa, Florida 33602 11 12 Attorney for Defendants 13 14 ALSO PRESENT: Michael Warren Thomas O. Crist, (VIA TELEPONE) 15 Kelly Kothmann (VIA TELEPHONE) 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 2 of 45 PageID 498 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 3 1 I N D E X PAGE 2 DIRECT EXAMINATION BY MR. LANDMAN 4 3 STIPULATION 41 CERTIFICATE OF OATH 42 4 CERTIFICATE OF REPORTER 43 ERRATA SHEET 44 5 6 7 E X H I B I T S 8 FOR IDENTIFICATION PAGE NO. 9 Plaintiff's Exhibit No. 1 19 (DEF000736 through DEF000737) 10 Plaintiff's Exhibit No. 2 25 11 (DEF000742) 12 Plaintiff's Exhibit No. 3 28 (DEF000743-744) 13 Plaintiff's Exhibit No. 4 30 14 (Spreadsheets) 15 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 3 of 45 PageID 499 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 4 1 THE COURT REPORTER: Do you swear or affirm 2 the testimony that you are about to give will be 3 the truth, the whole truth, and nothing but the 4 truth? 5 THE WITNESS: Yes. 6 GEORGE GOAD, 7 the deponent herein, being duly sworn under oath, was 8 examined and testified as follows: 9 DIRECT EXAMINATION 10 BY MR. LANDMAN: 11 Q. Good morning. Can you please state and spell 12 your full name for the record. 13 A. George Goad, G-O-A-D, last name. G-E-O-R-G-E, 14 first name. 15 Q. And what is your present home address? 16 A. 6721 Gator Ranch Street, Plant City. 17 Q. Florida? 18 A. 33565. 19 Q. And how long have you resided at that address? 20 A. Eight years. 21 Q. And do you presently have a place of 22 employment? 23 A. Yes, sir. 24 Q. Where is that? 25 A. It's called McEnany Roofing. It's a roofing Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 4 of 45 PageID 500 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 5 1 company. 2 Q. And how long have you worked there? 3 A. Nine years. 4 Q. Do you know the address? 5 A. It's off Industrial Drive, is all I know. I 6 don't know the address offhand. 7 Q. In Plant City? 8 A. No. Tampa. 9 Q. Have you ever been deposed? 10 A. Deposed? 11 Q. Have you ever had your deposition taken 12 before? 13 A. No, sir. 14 Q. I will go over a few ground rules for your 15 deposition here today. I'm sure your counsel has 16 explained some of this to you. I represent the 17 plaintiffs in this case, and you are one of the 18 defendants, and I'm going to ask you a series of 19 questions today. Is that clear? 20 A. Yes, sir. 21 Q. Do you understand that you are under oath to 22 testify truthfully here today? 23 A. Yes, sir. 24 Q. And you are represented by your counsel here 25 today who is sitting next to you; correct? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 5 of 45 PageID 501 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 6 1 A. Correct. 2 Q. Are you presently represented by any other 3 counsel in this matter? 4 A. No, sir. 5 Q. Have you previously been represented by any 6 other counsel in this matter? 7 A. No, sir. 8 Q. Now, I'd ask that when I ask a question you 9 wait until I complete the question before you answer, 10 so we're not talking over each other. Is that clear? 11 A. Got you. 12 Q. And I'd also ask that you answer all of your 13 questions verbally with a yes or a no and not a nod of 14 the head, so it makes it easier for the court reporter 15 to transcribe it. Do you understand that? 16 A. Yes, sir. 17 Q. Are you on any medications that would prevent 18 you from testifying accurately here today? 19 A. No, sir. 20 Q. Is there any other reason that you're aware of 21 why you don't think you would be able to testify 22 accurately here today? 23 A. There should be no reasons. 24 Q. Okay. If you need to take a break at any 25 time, just let me know; and I just ask that you finish Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 6 of 45 PageID 502 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 7 1 answering the question that we're on before you take a 2 break. Okay? 3 A. Yes, sir. 4 Q. Did you bring anything with you to the 5 deposition today? 6 A. No, sir. 7 Q. What did you do to prepare for your deposition 8 here today? 9 A. Just met with my counsel, and pretty much just 10 how it's gonna go. 11 Q. Have you spoken with any of the other 12 defendants about your deposition here today, other than 13 involved with discussions with your counsel? 14 A. No, sir. 15 Q. Do you have a joint defense agreement between 16 yourself and the other defendants in this matter? 17 A. What do you mean by "joint"? 18 Q. Are you aware if you have a joint defense 19 agreement between yourself or the other defendants? 20 A. I don't understand that. 21 Q. Are you aware if there is any agreement 22 between you and the other defendants? Any written 23 agreement in terms of a joint defense strategy of any 24 type? 25 MS. MARTENY: Object to form. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 7 of 45 PageID 503 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 8 1 If you don't understand the question -- 2 THE WITNESS: I don't understand. 3 MS. MARTENY: -- if you don't know, say you 4 don't know. 5 A. I don't know. 6 Q. What's your date of birth, Mr. Goad? 7 A. 2/10/72. 8 Q. Can you tell me about your education starting 9 with high school, please. 10 A. I graduated high school, no college. 11 Q. Where did you graduate high school from? 12 A. Chamberlain High School in Tampa. 13 Q. And can you tell me about your employment post 14 high school to the present? 15 A. My stepdad owned a roofing company, and I have 16 been working in roofing my whole life. He recently 17 passed away, or a while back, and I started working 18 with this other company. 19 Q. So you've always been a roofer? 20 A. Yes, sir. 21 Q. Have you ever owned any businesses? 22 A. No, sir. 23 Q. Have you ever been sued before personally? 24 A. No, sir. 25 Q. Have you ever been arrested for anything? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 8 of 45 PageID 504 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 9 1 A. Yes. DUI. 2 Q. When was that? 3 A. It's been -- ten years ago. 4 Q. And were you convicted? 5 A. It got knocked down to reckless driving, but I 6 was convicted for that. 7 Q. Other than that, do you have any criminal 8 record? 9 A. No. Just the DUI. 10 Q. Have you ever heard of a company called 11 Healthcare Essentials, Inc., or Healthcare Essentials, 12 LLC? 13 A. No, I have not. 14 Q. Have you ever heard of a gentleman named Ryan 15 Tennebar? 16 A. No, sir. Just by reading papers that I've 17 been getting recently. 18 Q. Have you ever heard of a company called KCI? 19 A. Same. Just by reading papers I recently got. 20 I never heard of them before that. 21 Q. So prior to this lawsuit you never heard of a 22 company called KCI? 23 A. No, sir. 24 Q. Do you now have an understanding of what the 25 company KCI is and does? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 9 of 45 PageID 505 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 10 1 A. Kind of. I've read through them papers, 2 but -- I know it's some kind of medical place, I guess. 3 Q. Are you familiar with negative pressure wound 4 therapy or wound vacs, as they're sometimes known? 5 A. No, I am not. 6 Q. Do you ever buy or sell products on eBay? 7 A. I have not. 8 Q. You personally have never bought anything on 9 eBay? 10 A. No, sir. 11 Q. And you personally never sold anything on 12 eBay? 13 A. No, sir. 14 Q. Do you have an e-mail address? 15 A. Yes, sir. 16 Q. What is your e-mail address? 17 A. I think it's goadster40@yahoo.com. 18 Q. And do you recall approximately when you 19 established that e-mail address? 20 A. A few years ago. 21 Q. Do you use it on a regular basis? 22 A. I've never used it. I set it up with my 23 brother, hoping to make money, but never got into it. 24 Q. Who is your brother? 25 A. Michael Warren. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 10 of 45 PageID 506 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 11 1 Q. Is he your actual brother or brother-in-law? 2 A. My brother. Same mom, different dads. 3 Q. Understood. 4 A. Halfbrother. 5 Q. Understood. When you say you set it up with 6 him hoping to make money, was there a specific business 7 venture that you were hoping to establish? 8 A. Just anything and everything to make a little 9 extra cash. Back then it was actually Corvette cars at 10 the time, Matchbox cars or models. 11 Q. And that's what you set up your e-mail address 12 for? 13 A. Yes. 14 Q. But you never used it? 15 A. No, sir. I didn't understand how to use it 16 and just gave up on it. 17 Q. So to this day you don't send or receive 18 e-mails? 19 A. Just my work phone, I take pictures and send 20 it to work. They had to show me how to do that. But 21 other than that, I do not send e-mails. 22 Q. And you are not using your personal e-mail 23 address for that; correct? 24 A. No, sir. 25 Q. Did you ever establish a PayPal account? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 11 of 45 PageID 507 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 12 1 A. That was set up at the same time, I believe, 2 with my brother. 3 Q. Michael Warren? 4 A. Yes, sir. 5 Q. And have you ever used that PayPal account? 6 A. I have not, personally. 7 Q. Are you aware if your brother Michael Warren 8 or anyone else has ever used your e-mail address? 9 A. I am aware my brother has. I haven't seen him 10 use it, but I've been aware he has used it. 11 Q. Did you authorize him to use your e-mail 12 address? 13 A. Yes, sir. 14 Q. Did you know prior to this lawsuit that he had 15 been using your e-mail address? 16 A. Yes. 17 Q. What is your understanding of why he was using 18 your e-mail address? 19 A. I just trusted him; and he was selling his 20 stuff, and I just trusted him with it. 21 Q. To your knowledge, did he also use his own 22 e-mail address? 23 A. To my knowledge, yes. 24 Q. He had a separate e-mail address? 25 A. Yes, sir. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 12 of 45 PageID 508 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 13 1 Q. To your knowledge, did your brother Michael 2 Warren or anybody else ever use your PayPal account? 3 A. That, I do not know. 4 Q. But you personally never accessed your PayPal 5 account; correct? 6 A. No, sir. 7 Q. Do you have a personal computer? 8 A. It don't get used, but there is one at the 9 house, yes. 10 Q. You don't use it? 11 A. No, sir. 12 Q. Do you use a computer at work? 13 A. No, I do not. Just my iPhone they gave me. 14 I've had it for like six months. All we do is take 15 pictures of jobs, and I send it to their mail, and 16 that's it. I'm out on the field, no computers. 17 Q. Now, you testified that it was your brother's 18 idea to set up an e-mail address as a way to make some 19 money; is that accurate? 20 A. Correct. 21 Q. And you said originally it was Corvettes? 22 A. It was model Corvettes back then. 23 Q. And did you ever receive any of the share of 24 the proceeds from that business? 25 A. No, because I did not sell none. I don't know Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 13 of 45 PageID 509 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 14 1 what was sold on there or what was -- I mean, he helps 2 me out -- if I ever need anything he would help me out 3 with it. 4 Q. Do you know what other things he was selling 5 using your e-mail or PayPal account, from when it was 6 first established through the present? 7 A. No, I do not. 8 Q. Did you ever, through the present, receive any 9 compensation for any business transactions that your 10 brother Mike Warren was doing -- 11 MS. MARTENY: Object to form. 12 Q. -- via your e-mail account or PayPal account? 13 MS. MARTENY: Object to form. You can answer 14 if you understand. 15 A. Business transactions -- I've never received 16 money. If I needed money from him, he would give it to 17 me. 18 Q. So he would help you out if you needed it? 19 A. If I needed it, yes. 20 Q. But you never specifically were compensated 21 based on any sales that he made using your e-mail 22 address or your PayPal account? 23 A. No, sir. 24 Q. Do you have any idea approximately how much 25 money your brother Mike Warren has generated using your Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 14 of 45 PageID 510 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 15 1 PayPal account? 2 A. I have no idea. I've never seen records. 3 Never asked him. Never talked about what he sold. 4 Q. Do you have your own bank account? 5 A. Yes, sir. 6 Q. With which bank? 7 A. Railroad Credit Union. 8 Q. And is your PayPal linked in any way to your 9 own personal bank account? 10 A. No. 11 Q. Is your PayPal account linked in any way to 12 your own personal credit cards? 13 A. I have no credit cards and never seen a PayPal 14 card, so -- I don't own a credit card. 15 Q. Do you ever recall -- 16 A. Debit card. 17 Q. -- do you ever recall setting up a PayPal 18 account? 19 A. I think we did that when we set the e-mail up, 20 but personally I think all of that was taken care of 21 then. 22 Q. And was it your brother who set up the PayPal 23 account? 24 A. Yes, sir. 25 Q. Do you recall signing any documents Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 15 of 45 PageID 511 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 16 1 authorizing the opening of the PayPal account in your 2 name? 3 A. That, I do not remember. 4 Q. To your knowledge, has your brother Michael 5 Warren sent e-mails using your name to send them? 6 MS. MARTENY: Object to form. 7 A. No. 8 Q. Has he sent e-mails, to your knowledge, where 9 he signs your name to the e-mail? 10 A. I have no clue what he has done with it. 11 Q. Did you provide documents to your counsel that 12 were produced in this case? 13 A. No, because I do not have none. 14 Q. Have you reviewed the documents that your 15 counsel has produced in this case? 16 A. Would that be the ones you-all were sending 17 me? 18 Q. Your counsel produced documents, this stack of 19 documents that we're going to go through in a few 20 minutes. Have you reviewed any of those documents, to 21 the best of your knowledge? 22 A. I glanced through them, but I don't know what 23 they mean, so... 24 Q. Do you recall seeing your name appear in any 25 e-mails in those documents? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 16 of 45 PageID 512 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 17 1 A. Hers? I didn't really look at hers, just the 2 ones I got from y'all. My name is all over the place. 3 Q. Just to confirm. Before this litigation you 4 had no idea what a wound vac is; correct? 5 A. No, sir -- that is correct, I don't know. 6 Q. And you have personally never been involved in 7 purchasing or selling any KCI devices. Is that your 8 testimony? 9 A. I've never been involved in it, yes, sir. 10 Q. Before this litigation, did you have any 11 knowledge of your brother Michael Warren purchasing or 12 selling KCI devices? 13 A. No, sir. I didn't know what he sold or bought 14 or whatever. 15 Q. Are you related to the other defendant, Matt 16 Azeltine? 17 A. He is my niece's husband, so... 18 Q. To your knowledge, was he involved in any of 19 these business ventures with your brother Michael 20 Warren? 21 A. To my knowledge, I have no clue. 22 Q. Have you ever personally had any business 23 relationship with Mr. Azeltine? 24 A. No, sir. 25 Q. Would he have access to your e-mail account or Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 17 of 45 PageID 513 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 18 1 your PayPal account? -- Mr. Azeltine. 2 A. I have no clue. I would reckon no, but I 3 don't know. 4 Q. You have never given him access? 5 A. No, I've never given him access; correct. 6 Q. Since the time of this litigation has 7 commenced, have you come to learn who Ryan Tennebar is? 8 A. Not really. Just seen his name a lot in 9 paperwork. 10 Q. Have you had any communications with 11 Mr. Tennebar during this litigation? 12 A. No, I have never spoken with him. I don't 13 know who he is. 14 Q. Any e-mails with him? 15 A. No, sir. 16 Q. Any phone calls with him? 17 A. No texts, no phone calls, no. Never heard of 18 him until this paperwork. 19 Q. Have you had any communications with an 20 attorney named Laurel Matthews during this litigation? 21 A. No, sir. 22 Q. Do you know who Ms. Matthews is? 23 A. I heard she was a lawyer, but I don't. 24 MR. LANDMAN: I'm going to get into some 25 exhibits if you want to take a break. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 18 of 45 PageID 514 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 19 1 We'll go off the record. 2 (A brief recess was taken.) 3 BY MR. LANDMAN: 4 Q. Mr. Goad, I'm going to show you some exhibits 5 now and ask you some questions about them. So in front 6 of you is a stack of documents that your counsel has 7 produced in the case. On the bottom right-hand corner 8 of each document is a number called a Bates label or a 9 Bates number. I will refer to these by those Bates 10 numbers and ask you to take a look at those pages, and 11 then we'll talk about them. Is that clear? 12 A. Yes, sir. 13 Q. We'll mark as Plaintiff's Exhibit 1, what is 14 Bates-labeled DEF000736 through DEF000737. 15 (Plaintiff's Exhibit No. 1 was marked for 16 identification.) 17 BY MR. LANDMAN: 18 Q. You have been handed Exhibit 1. Please take a 19 minute to review it, and then I'll ask you some 20 questions about it. 21 A. Okay. 22 Q. So let's start with the second page, which is 23 the earliest e-mail, and it's a July 2nd, 2013, e-mail 24 from somebody named Nick Cooper, addressed to your 25 e-mail address; correct? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 19 of 45 PageID 515 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 20 1 A. Yes, sir. 2 Q. And is that your e-mail address, 3 goadster40@yahoo.com? 4 A. Yes, sir. 5 Q. Have you ever seen this e-mail before, to your 6 knowledge? 7 A. This e-mail, I have not. 8 Q. Do you have any idea who Nick Cooper is? 9 A. No, sir. 10 Q. And the subject line of this e-mail says, "KCI 11 products Nick" correct? And I note there is a typo in 12 the word "products." It's spelled P-R-O-D-I-C-T-S; is 13 that correct? 14 A. That's what it says, yes. 15 Q. And this was from over three years ago; 16 correct? 17 A. Yes, sir. 18 Q. Now, is it your belief that even though this 19 was sent to your e-mail address, you've never seen this 20 e-mail? 21 A. I never would have seen it. 22 Q. The e-mail is addressed to somebody named 23 Matt. I'm not asking you to suppose who that is, but 24 which Matt, if any, do you know who would have access 25 to your e-mail address? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 20 of 45 PageID 516 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 21 1 A. Nobody should have access to it besides my 2 brother. 3 Q. And his name is not Matt; correct? 4 A. No. It is Mike. 5 Q. Does he ever go by the name "Matt"? 6 A. I don't know. 7 Q. You are not aware of him ever going by the 8 name "Matt"? 9 A. Not to my knowledge. 10 Q. Do you ever go by the name "Matt"? 11 A. No, sir. 12 Q. You do have a nephew named Matt Azeltine; 13 correct? 14 A. Correct. 15 Q. But to your knowledge, as you said, he had no 16 access to your e-mail address; correct? 17 A. Yes, sir. 18 Q. Now, let's look to the first page of this 19 e-mail. The bottom e-mail on that page, it's a 20 response from your e-mail address to Nick Cooper, dated 21 July 2nd, 2013, with the same KCI subject line; 22 correct? 23 A. The very bottom? 24 MS. MARTENY: Right here. 25 A. Yes, sir. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 21 of 45 PageID 517 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 22 1 Q. Do you ever recall seeing or writing this 2 e-mail from your e-mail address? 3 A. No, sir, I have not. 4 Q. There's then a response from Mr. Cooper to 5 your e-mail address, and then there was another 6 response from your e-mail to Mr. Cooper; correct? 7 A. Correct. 8 Q. And that response says, quote, "Everything was 9 shipped out this morning. I was short on canisters so 10 I replaced the shortage with other items you needed and 11 I threw in some extra stuff for your troubles. Thank 12 you so much. I will send those tracking numbers to you 13 ASAP," end quote. Did I read that correctly? 14 A. Yes, sir. 15 Q. Did you draft that e-mail? 16 A. No, sir. 17 Q. And then there is one final e-mail on the top 18 from your e-mail address, again, to Nick Cooper 19 where whoever the sender is using your e-mail address 20 provides tracking numbers; correct? 21 A. I see it. That's what those are. 22 Q. And at the very top by your e-mail address, it 23 doesn't just list your e-mail address, it actually says 24 your name, "George Goad"; right? 25 A. Correct. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 22 of 45 PageID 518 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 23 1 Q. And you did not draft that e-mail; correct? 2 A. Correct, I did not. 3 Q. And again, now that I've shown these documents 4 to you, is it still your testimony that you have never 5 used your e-mail address? 6 A. I've never used personally my e-mail address. 7 Q. One last thing on that document, the second 8 page. The last, which is actually the first e-mail, 9 from Nick Cooper to your e-mail address, which is 10 directed to somebody named "Matt"; do you remember that 11 one? 12 A. Yes, sir. 13 Q. Do you see that? 14 A. Yes, sir. 15 Q. In that e-mail it talks about -- well, I'll 16 just read it. It says, quote, "With PayPal I'm using a 17 credit card to send you the money. Because of this 18 there is a $29.16 fee for me. My question is can we 19 lower the amount to $965 to make up the difference?" 20 Did I read that correctly? 21 A. Yes, sir. 22 Q. It appears that they're talking about a 23 transfer of money for a purchase of goods; correct? 24 A. I assume. 25 Q. But again you have no knowledge about that; Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 23 of 45 PageID 519 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 24 1 correct? 2 A. No, sir. 3 Q. Even though it came from your e-mail address? 4 A. Correct. 5 Q. You haven't seen these e-mails before today? 6 A. No, sir, I haven't. 7 Q. Are you familiar with the e-mail address that 8 is ashleematt1315@yahoo.com? It's A-S-H-L-E-E-M-A-T-T 9 1315@yahoo.com. 10 A. I've never seen that. 11 Q. Do you have any idea if that is your nephew, 12 Mr. Azeltine's, e-mail address? 13 A. I would probably say it is, because it's got 14 "Ashlee." You said "Ashlee"; right? 15 Q. Yes. 16 A. That's my niece's name. 17 Q. But you have never sent or received e-mails 18 from that address; correct? 19 A. No, sir. 20 Q. And as far as you know, when you set up the 21 e-mail address together with your brother Michael 22 Warren, did you know if Mr. Azeltine was also doing 23 something similar? 24 MS. MARTENY: Object to form. You can answer. 25 Q. Do you know? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 24 of 45 PageID 520 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 25 1 A. At the time? No. I have no clue. 2 Q. And what is Mr. Azeltine's profession, if you 3 know? 4 A. I know he is a mechanic. I don't know where. 5 Q. Okay. Let's go forward to the next exhibit, 6 please, which is Bates-labeled DEF000742. 7 (Plaintiff's Exhibit No. 2 was marked for 8 identification.) 9 BY MR. LANDMAN: 10 Q. There are two e-mails -- actually, three 11 e-mails on this page. And the first e-mail at the 12 bottom is from you. It says, "From George Goad" with 13 your e-mail address; correct? 14 A. Yes, sir. 15 Q. Dated September 12th, 2013; correct? 16 A. Correct. 17 Q. And the subject line says, "This is Matt with 18 the KCI products"; is that correct? 19 A. That's what it says. 20 Q. And then it says, quote, "Hey, Jeff. This is 21 Matt," end quote. And then it goes on to say some 22 other things. Did you send this e-mail? 23 A. No, sir. 24 Q. Have you ever seen this e-mail before today? 25 A. No, sir. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 25 of 45 PageID 521 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 26 1 Q. And you don't know who the "Matt" is that it's 2 referring to; correct? 3 A. No, I do not. 4 Q. Let's look at the top e-mail on that string. 5 It's dated September 18th, 2013. It's, again, from 6 your e-mail address, and it says, quote, "Just letting 7 you know your seven packages were dropped off at the 8 UPS building this morning. Thanks again my friend for 9 your business. If you need anything else, please let 10 me know. I'm doing my best trying to get more supplies 11 out of Texas. My contact finally got back with me and 12 says he has some stuff left, but I'm not sure what or 13 how much stuff. I will keep you updated," end quote. 14 Did I read that correctly? 15 A. Yes, sir. 16 Q. Did you write that e-mail? 17 A. No, sir. 18 Q. Do you know what it's referring to by getting 19 more supplies out of Texas? 20 MS. MARTENY: Object to form. You can answer. 21 A. I have no clue. 22 Q. When it says "my contact," do you have any 23 idea who that is referring to? 24 A. No, sir. 25 Q. Do you have any idea if your brother Michael Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 26 of 45 PageID 522 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 27 1 Warren was doing business with an entity or a contact 2 in Texas? 3 A. I have no knowledge of that. 4 Q. Sitting here today, you have no knowledge of 5 that? 6 A. No. 7 Q. Is that e-mail address still active today, as 8 far as you know? 9 A. As far as I know, I don't know. My e-mail 10 address? 11 Q. Yes, sir, your Goadster e-mail address. 12 A. Yes, it is, because my old lady put it on her 13 phone so I can get e-mails from my counsel, so it is 14 active, I guess. 15 Q. So you've only been using it for purposes of 16 e-mails from your counsel? 17 A. Yeah. My girlfriend had to put it on her 18 phone, because I can't put nothing on my phone. It's a 19 work phone. 20 Q. To your knowledge, has your girlfriend ever 21 used your e-mail address for any other purposes? 22 A. No. She didn't know it until now. I only 23 knew it because it was on these papers. 24 Q. Okay. Let's go to the next exhibit, which is 25 the next page; it's Bates-labeled DEF000743 and 744. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 27 of 45 PageID 523 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 28 1 (Plaintiff's Exhibit No. 3 was marked for 2 identification.) 3 BY MR. LANDMAN: 4 Q. Take a look at this document. It's a 5 December 15th, 2013 -- and what appears to be an e-mail 6 from eBay. Does that look accurate to you? 7 A. Yes, it says eBay, I reckon. 8 Q. You've never personally used eBay, you 9 testified; correct? 10 A. Correct. I've never used it. 11 Q. To your knowledge, do you have an eBay 12 account? 13 A. Yes, to my knowledge. 14 Q. And did you set that up at the same time that 15 you set up your e-mail address and your PayPal account 16 with your brother Mr. Warren, as far as you recall? 17 A. My eBay account? That is e-mail; right? 18 Q. EBay. 19 A. Yes, I reckon. 20 Q. And it says, "Hi the goadster." Is that your 21 eBay name? 22 A. Yes, sir. 23 Q. And this is talking about bidding on a KCI 24 Freedom portable system advanced negative pressure 25 wound vacuum; correct? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 28 of 45 PageID 524 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 29 1 A. Yes. 2 Q. Did you personally ever bid on this item? 3 A. No, sir. 4 Q. Do you have any idea who would've had access 5 to your eBay account? 6 A. Just my brother is the one that has access to 7 it. 8 Q. Mr. Warren? 9 A. Yes, sir. 10 Q. Are you aware if he was bidding on products 11 using your account? 12 A. I have no awareness of what he did. 13 Q. Did you give him permission to use your e-mail 14 address? 15 A. Yes, sir. 16 Q. Did you give him permission to use your eBay 17 account? 18 A. Yes, sir. 19 Q. Did you give him permission to use your PayPal 20 account? 21 A. Yes, sir. 22 Q. Does your brother Mr. Warren ever go by the 23 name "Andy"? 24 A. His middle name is Andy. 25 Q. Does he ever use that name, to your knowledge? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 29 of 45 PageID 525 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 30 1 A. That is his middle name, Andrew same as his 2 son. 3 Q. Is his son's middle name Andrew or his 4 son's -- 5 A. First name is Andrew. 6 Q. So he goes by the name Andrew or Andy? 7 A. I never heard Andy, but Andrew. 8 Q. What about Mr. Azeltine, does he ever use that 9 name "Andy"? 10 A. "Matt" is all I know. I don't even know his 11 middle name. 12 Q. Do you know if your nephew, Mr. Azeltine, has 13 an eBay account? 14 A. No, I do not. 15 Q. Do you know if he has a PayPal account? 16 A. No, I do not. 17 Q. Have you ever heard of an organization called 18 GoodHealthwill out of Colorado. 19 A. No, sir. 20 Q. Would you have ever communicated with that 21 organization using your e-mail address? 22 A. No, sir. 23 MR. LANDMAN: I'd like to introduce the next 24 exhibit. This will be Plaintiff's Exhibit 4. 25 (Plaintiff's Exhibit No. 4 was marked for Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 30 of 45 PageID 526 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 31 1 identification.) 2 BY MR. LANDMAN: 3 Q. Do you have any idea what this document is 4 that I just handed you? 5 A. No, sir. 6 Q. It appears to be a spreadsheet containing 7 information listing sales and purchases of different 8 products. Is that an accurate description? 9 A. I guess. 10 Q. You can take a minute to look at it. 11 A. I don't know what it is, what it means. 12 Q. You've never seen this before? 13 A. No, sir. 14 Q. Can you look at the top left of the first 15 page, please. It has your name there, "George Goad"; 16 correct? 17 A. Correct. 18 Q. It has your e-mail address there; correct? 19 A. Correct. 20 Q. It has an account number; correct? 21 A. Yes. 22 Q. It has an account status that says "Open 23 Premier or Business"? 24 A. Correct. 25 Q. And it has an account type that says, "US Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 31 of 45 PageID 527 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 32 1 Premier Verified"; correct? 2 A. Correct. 3 Q. And then it lists a total amount sent. Do you 4 see that? 5 A. Yes, sir. 6 Q. And it says $146,210.10; correct? 7 A. Correct. 8 Q. You have no knowledge of what that amount 9 represents or what it's for or what it relates to; is 10 that correct? 11 A. That is correct. No knowledge. 12 Q. Now, if we start looking at Column D on here. 13 You see the appearance of Mr. Tennebar's name and 14 Mr. Warren's name many times; correct? 15 A. Correct. 16 Q. As you go across you see certain financial 17 transactions between the two of them; is that correct? 18 A. I assume that's what it means, yeah -- 19 "gross" -- yes. 20 Q. And then you see Column P. It's a note field. 21 A. I see it. 22 Q. And that has a description of items that were 23 being purchased or sold between somebody using your 24 account; correct? 25 A. Correct. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 32 of 45 PageID 528 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 33 1 Q. And then Column S lists the e-mail address of 2 the person either sending or receiving the goods and 3 the money in exchange; correct? 4 A. Yes. It says, "From e-mail"; correct. 5 Q. And your e-mail address is listed there, and 6 Mr. Tennebar's e-mail is listed there many times; 7 correct? 8 A. Correct. 9 Q. And if you flip through this document, there 10 are pages and pages of similar transactions; correct? 11 A. Correct. 12 Q. And again, you have absolutely no knowledge of 13 any of these transactions; is that correct? 14 A. Correct. 15 Q. I'd like you to look at Row 30, please. 16 A. First page? 17 Q. First page. Row 30. 18 A. Okay. 19 Q. Actually, let's look at Row 18, please. If 20 you look at Column S in Row 18, it says it's from the 21 e-mail address that is your e-mail address; correct? 22 A. From "Goadster," yes. 23 Q. And it is being sent to the e-mail address 24 that is am2kidz@AOL.com; correct? 25 A. Correct. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 33 of 45 PageID 529 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 34 1 Q. Do you know whose e-mail address that is? 2 A. That is my brother's e-mail. 3 Q. Mr. Warren's e-mail? 4 A. Yes, sir. 5 Q. Have you ever e-mailed him at that address? 6 A. I have not. 7 Q. But that purports to be an e-mail from you, or 8 at least from your e-mail address to his e-mail 9 address; correct? 10 A. Correct. 11 Q. Now, if you go back to Column P in that same 12 row, the message states, quote, "Please have these 13 payment stopped going to my account. Send them to 14 yours," end quote. Is that yours? 15 A. That's what it says, yes, sir. 16 Q. Would you have written that note in the 17 account there? 18 A. No, I would not. 19 Q. Do you have any idea what that means? 20 A. No, I do not. 21 Q. Let's go down to Row 20, please. It's an 22 e-mail from your e-mail address to Mr. Warren's e-mail 23 address; correct? 24 A. Correct. 25 Q. And the message says, quote, "Tell Ryan to Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 34 of 45 PageID 530 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 35 1 stop sending me the payments, please," end quote. Do 2 you see that? 3 A. Yes, sir. 4 Q. Did you write that? 5 A. No, sir. 6 Q. And you didn't know who Ryan was; correct? 7 A. No, I do not. 8 Q. You have no idea what that message means? -- 9 from your e-mail address to Mr. Warren's e-mail 10 address? 11 A. No, I do not. 12 Q. Let's go down to Row 22, please. Again, it's 13 an e-mail from your e-mail address to your brother 14 Mr. Warren's e-mail address; correct? 15 A. Correct. 16 Q. And it says, quote, "Come on bro. Why does he 17 keep sending me these payments? Please talk to him. 18 I'm not making any money here," end quote. 19 Appears to be a communication between 20 brothers, but you did not send that. Is that your 21 testimony? 22 A. I did not send that. 23 Q. You never saw that before? 24 A. No, sir. 25 Q. Let's go down to Row 24. Again, an e-mail Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 35 of 45 PageID 531 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 36 1 from your e-mail address to Mr. Warren's e-mail 2 address; correct? 3 A. Correct. 4 Q. It says, quote, "Ryan paid my account again. 5 Please let him know to send it to you so I don't have 6 to keep doing this," end quote. Any recollection of 7 that? 8 A. No, sir. 9 Q. And just for the record, all of the quotes 10 we've just looked in those columns were all answered 11 within the last year, according to the date column; 12 correct? Some as recently as a few months ago, if you 13 go all the way to Column A. 14 MS. MARTENY: Which ones were they? 15 BY MR. LANDMAN: 16 Q. Row 18 was dated October 5, 2015? 17 A. 10/5/15. 18 Q. Row 20 was dated September 19, 2015; correct? 19 A. Correct. 20 Q. Row 22 was dated September 7th, 2015; correct? 21 A. Correct. 22 Q. And Row 24 was dated August 25th, 2015; 23 correct? 24 A. Correct. 25 Q. So these are all within the last year, but you Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 36 of 45 PageID 532 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 37 1 have no recollection of any of these; correct? 2 A. Correct. 3 Q. Let's look at Row 26, please. It's dated 4 August 12th, 2015. Again, an e-mail from your address 5 to Mr. Warren's e-mail address; correct? 6 A. Correct. 7 Q. This says, quote, "Please tell Matt to stop 8 sending the payments to this account. I have to keep 9 forwarding everything to you. Here is his latest 10 payment, minus any fees I might have taken on." Did I 11 read that correctly? 12 A. Correct. 13 Q. Is the Matt there referring to Mr. Azeltine? 14 MS. MARTENY: Object to form. 15 A. I don't know. 16 Q. You didn't write that? 17 A. No, sir. 18 Q. You have no idea what that's talking about? 19 A. No, sir. 20 Q. Row 28, dated July 30th, 2015. Again, from 21 your e-mail address to Mr. Warren's, quote, "Why is 22 Ryan sending me the money? Tell him to get it right," 23 end quote. You didn't write that? 24 A. No, sir. 25 Q. Row 30, July 20th, 2015. Again, from your Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 37 of 45 PageID 533 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 38 1 e-mail address to Mr. Warren's e-mail address; correct? 2 A. Correct. 3 Q. Quote, "Here is the money for the medical 4 supplies. For some reason Ryan keeps sending the funds 5 to my PayPal account. Please let me him know that he 6 needs to send the funds to your account. You are the 7 one buying all the product. You need to keep track of 8 everything for your taxes," end quote. 9 Do you have any idea what's going on here, 10 Mr. Goad? 11 A. Not a clue. No, sir. 12 Q. I will not go through every page with you, but 13 suffice it to say you've never seen a single entry on 14 this entire document before I handed you the document 15 today? 16 A. No, I have not. 17 Q. Before you were sitting here today with me, 18 did you have any idea of the extent of Mr. Warren's use 19 of your e-mail address, your PayPal account or your 20 eBay account? 21 MS. MARTENY: Object to form. 22 A. I didn't know. 23 Q. Do you have any children? 24 A. Yes, I do. 25 Q. How many? Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 38 of 45 PageID 534 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 39 1 A. I have one and my girlfriend has two. They're 2 all grown. 3 Q. And what about Mr. Warren? Does he have 4 children? 5 A. He has a son and a daughter, my niece and 6 nephew, yes. 7 Q. How old are they? 8 A. 22 and 26, roughly. Same age as mine. They 9 grew up together. 10 Q. Any of your kids or Mr. Warren's kids fans of 11 baseball cards, to your knowledge? 12 A. Not mine, for sure. 13 Q. Can you take a look. It's a few pages in at 14 line 725, Row 725 on the spreadsheet, please. 15 A. Got it. 16 Q. There's an entry dated August 3rd, 2013, with 17 a message in Column P that is sent from your e-mail 18 address. And it says, quote, "Thanks for all the 19 baseball cards, bro. The kids will love them. Take 20 care my friend." 21 Did you ever purchase any baseball cards using 22 your PayPal account? 23 A. No, sir. 24 Q. Did you ever sell any baseball cards? 25 A. No, sir. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 39 of 45 PageID 535 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 40 1 Q. Do you have any knowledge of any kids who were 2 fans of baseball cards either in your family or 3 Mr. Warren's family? 4 A. No, sir. 5 Q. Do you file personal tax returns each year? 6 A. Yes, sir. 7 Q. And you said you've never received any income 8 from any transactions on your PayPal account; correct? 9 A. Not to my knowledge, no. I've got none. 10 Q. You never received any income from any sales 11 of KCI products; correct? 12 A. No income outside of work. 13 Q. You said that your brother has helped you out 14 from time to time? 15 A. Yes, if I need something. 16 Q. Can you roughly approximate the amount of 17 money that he sent to you over the years? 18 MS. MARTENY: Object to form. How many years? 19 Q. I'd say ever. 20 A. Ever? I couldn't. 21 Q. You are talking tens of thousands of dollars? 22 A. Oh, no. 23 Q. Less than that? 24 A. You know, tires for trucks, stuff like that. 25 Whatever I needed. Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 40 of 45 PageID 536 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 41 1 MR. LANDMAN: I have no further questions. 2 Thank you for your time today. 3 STIPULATION 4 It was stated by counsel that the exercise of 5 reading and signing the transcript would not be waived. 6 7 8 (WHEREUPON, the taking of the deposition was 9 concluded at 10:11 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 41 of 45 PageID 537 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 42 1 CERTIFICATE OF OATH 2 3 4 STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) 5 ************************* 6 7 8 I, Elsa Hernandez, the undersigned Notary 9 Public, State of Florida, certify that GEORGE GOAD, who produced a driver's license for identification, in the 10 aforesaid proceedings appeared before me on and was duly sworn. 11 12 Signed this date: 25th day of August, 2016. 13 14 ------------------------------- ELSA HERNANDEZ, FPR 15 Notary Public, State of Florida Commission No. DD897203 16 Expires 9/30/2019 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 42 of 45 PageID 538 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 43 1 CERTIFICATE OF REPORTER 2 3 STATE OF FLORIDA ) COUNTY OF HILLSBOROUGH ) 4 5 I, ELSA HERNANDEZ, Court Reporter, do hereby certify that I was authorized to and did stenographically 6 report the deposition of GEORGE GOAD; that a review of the transcript was requested; and that the foregoing 7 transcript, pages 1 through 40, is a true record of my stenographic notes. 8 I FURTHER CERTIFY that I am not a relative, employee, 9 or attorney, or counsel of any of the parties, nor am I a relative or employee of any of the parties attorney 10 or counsel connected with the action, nor am I financially interested in the action. 11 12 DATED this 5th day of September, 2016. 13 14 15 ------------------------ ELSA HERNANDEZ, FPR 16 17 18 19 20 21 22 23 24 25 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 43 of 45 PageID 539 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 44 1 ERRATA SHEET 2 STYLE: KCI USA, INC., et al, v. GEORGE GOAD, et all, 3 CASE NO: 8:16-cv-01561-EAK-TBM DATE TAKEN: August 25, 2016 4 DEPOSITION OF: GEORGE GOAD 5 PAGE LINE CHANGE REASON 6 _______________________________________________________ 7 _______________________________________________________ 8 _______________________________________________________ 9 _______________________________________________________ 10 _______________________________________________________ 11 _______________________________________________________ 12 _______________________________________________________ 13 _______________________________________________________ 14 _______________________________________________________ 15 _______________________________________________________ 16 _______________________________________________________ 17 _______________________________________________________ 18 _______________________________________________________ 19 _______________________________________________________ 20 _______________________________________________________ 21 _______________________________________________________ 22 _______________________________________________________ 23 Under penalties of perjury, I declare that I have read the foregoing document and that the facts 24 stated in it are true. ______________ ________________________ 25 Date GEORGE GOAD Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 44 of 45 PageID 540 a93b16a2-1e97-405d-8365-602e81e0616e www.anthemreporting.com | 888.909.2720 | anthem@anthemreporting.com ANTHEM REPORTING, LLC Page 45 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA 2 TAMPA DIVISION 3 8:16-cv-01561-EAK-TBM 4 KCI USA, INC., et al, 5 Plaintiff, 6 vs. 7 GEORGE GOAD, et all, 8 Defendants. 9 10 IN RE: DEPOSITION OF GEORGE GOAD TAKEN: 8/25/16 11 TO: SUZETTE MARTENY, ESQUIRE Shumaker, Loop & Kendrick, LLP 12 101 East Kennedy Boulevard Suite 2800 13 Tampa, Florida 33602 14 At the conclusion of the deposition in the above-styled case you indicated that Mr. Goad would read and sign 15 his testimony. 16 Arrangements can be made to accommodate him at a reporting office of your convenience. Please call 17 Anthem Reporting at 813-272-2720 to set up an appointment. 18 I would suggest you facilitate this within the next 30 19 days so counsel will have the benefit of any corrections or amendments you may wish to make. 20 If you have any questions, please do not hesitate to 21 call. Thank you in advance for your assistance in this regard. 22 Respectfully submitted, 23 24 Elsa Hernandez 25 Case 8:16-cv-01561-EAK-TBM Document 58-2 Filed 04/07/17 Page 45 of 45 PageID 541