EXHIBIT D 

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 1 IN THE UNITED STATES DISTRICT COURT

 2 FOR THE MIDDLE DISTRICT OF ALABAMA

 3 NORTHERN DIVISION

 4

 HAROLD KELLY MURPHY,

 5

 Plaintiff,

 6 CASE NUMBER

 vs. 2:06-cv-618-MEF

 7

 SOUTHERN ENERGY HOMES,

 8 INC., et al.,

 9 Defendants.

 10 * * * * * * * *

 11

 12

 13 DEPOSITION OF BOBBY PARKS, taken

 14 pursuant to stipulation and agreement

 15 before Barbara A. Howell, Certified

 16 Court Reporter and Commissioner for the

 17 State of Alabama at Large, ACCR No. 123,

 18 in the Law Offices of Beasley, Allen,

 19 Crow, Methvin, Portis & Miles, P.C., 272

 20 Commerce Street, Montgomery, Alabama, on

 21 Tuesday, November 27, 2007, commencing

 22 at approximately 11:00 a.m.

 23

 2

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 1 A P P E A R A N C E S

 2

 FOR THE PLAINTIFF:

 3

 Mr. C. Lance Gould

 4 Beasley, Allen, Crow, Methvin,

 Portis & Miles, P.C.

 5 Attorneys at Law

 272 Commerce Street

 6 Montgomery, Alabama 36104

 7

 FOR THE DEFENDANTS:

 8

 Mr. W. Scott Simpson

 9 Mr. Gregory S. Ritchey

 RITCHEY & SIMPSON, P.C.

 10 Attorneys at Law

 3288 Morgan Drive

 11 Suite 100

 Birmingham, Alabama 35216

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 1 I N D E X

 2

 EXAMINATION BY: PAGE

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 MR. SIMPSON....................... 5

 4

 5 EXHIBITS PAGE

 6 DEFENDANTS' EXHIBIT #1............ 5

 7 DEFENDANTS' EXHIBIT #2............ 6

 8 DEFENDANTS' EXHIBIT #3............ 6

 9 DEFENDANTS' EXHIBIT #4............ 7

 10 DEFENDANTS' EXHIBIT #5............ 8

 11 DEFENDANTS' EXHIBIT #6............ 149

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 1 S T I P U L A T I O N S

 2 It is hereby stipulated and agreed

 3 by and between counsel representing the

 4 parties that the deposition of BOBBY

 5 PARKS is taken pursuant to the Federal

 6 Rules of Civil Procedure and that said

 7 deposition may be taken before

 8 Barbara A. Howell, Court Reporter and

 9 Commissioner for the State of Alabama at

 10 Large, without the formality of a

 11 commission; that objections to questions

 12 other than objections as to the form of

 13 the questions need not be made at this

 14 time but may be reserved for a ruling at

 15 such time as the deposition may be

 16 offered in evidence or used for any

 17 other purpose as provided for by the

 18 Federal Rules of Civil Procedure.

 19 It is further stipulated and agreed

 20 by and between counsel representing the

 21 parties in this case that said

 22 deposition may be introduced at the

 23 trial of this case or used in any manner

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 1 by either party hereto provided for by

 2 the Federal Rules of Civil Procedure.

 3

 4 * * * * * * * *

 5

 6 BOBBY PARKS

 7 The witness, having first been duly

 8 sworn or affirmed to speak the truth,

 9 the whole truth, and nothing but the

 10 truth, testified as follows:

 11 THE REPORTER: Usual

 12 stipulations?

 13 MR. SIMPSON: Sure.

 14 EXAMINATION

 15 BY MR. SIMPSON:

 16 Q. Almost good afternoon. Good morning.

 17 A. Yes, sir.

 18 Q. We've met before. Let me start by

 19 marking some exhibits and we'll just

 20 jump right into this. Let me mark

 21 Exhibit #1.

 22 (Defendants' Exhibit #1 was

 23 marked for identification.)

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 1 with you?

 2 A. I'm not aware of -- they've not

 3 actively been to a home with me.

 4 Q. Have you had conversations with them

 5 where discussions were had that they

 6 might start consulting with the Beasley

 7 team on these homes?

 8 A. Yes, sir.

 9 Q. And tell me about those conversations

 10 and what was said.

 11 A. I was recently at a building science --

 12 continuing education building science

 13 fundamentals with Joseph Lstiburek and

 14 John Straube. I've actually known

 15 Joseph Lstiburek for several years,

 16 been to his home and to the Westford

 17 symposium. We've had conversations in

 18 the past. He does -- he doesn't do the

 19 expert work; however, Dr. Straube does.

 20 And there was a conversation of --

 21 actually, Joseph Lstiburek has agreed

 22 to go -- or volunteered to go with me

 23 to the Manufactured Housing Consensus

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 1 Committee, if granted an audience, to

 2 present the presentation and to support

 3 the change in the standard that I have

 4 submitted.

 5 Q. You have submitted a standard to the

 6 consensus committee?

 7 A. I have.

 8 Q. Where is that? Do you know?

 9 A. That's the removing the barriers, and

 10 the form is with it. It's already been

 11 given to Robert Solomon at NFPA.

 12 Q. So Mr. Lstiburek has agreed to travel

 13 with you to any kind of consensus

 14 committee presentation?

 15 A. He -- he asked to go. He wanted to go

 16 to that. He volunteered on his own.

 17 Q. Is he playing any part or receiving any

 18 income in expert advice in the Beasley

 19 homes?

 20 A. No, sir, he's not.

 21 Q. The other fellow, Dr. Straube?

 22 A. Yes, sir.

 23 Q. What is his full name?

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 1 A. Dr. John Straube. He is the partner

 2 with Joe in the Building Science

 3 Corporation.

 4 Q. Is Neil Moyer a part of that group as

 5 well?

 6 A. No, sir.

 7 Q. And John Straube is -- what is his

 8 background and credentials?

 9 A. He is a -- I don't know. You'll have

 10 to get that information from him. I'm

 11 not fully familiar.

 12 Q. Well, is he actively participating in

 13 any level of expertise in these cases

 14 that you're aware of?

 15 A. I'm not aware of the status of that.

 16 Q. Were you privy to conversations where

 17 discussions were had about his possible

 18 involvement?

 19 A. I talked to him about his possible

 20 involvement.

 21 Q. What did you say to him?

 22 A. In the conversation of the

 23 removing-the-barriers issue, and he

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 1 offered to write a letter of review and

 2 opinion and also help to support that

 3 change being made in the standard. We

 4 spoke about he was very aware of the

 5 litigation that was going on down here.

 6 I simply mentioned that I would love to

 7 have him as -- as part of the team, and

 8 he agreed to speak to counsel. So --

 9 and I don't know where it's went from

 10 there.

 11 Q. Anybody else that you've had

 12 conversations with -- other design

 13 professionals, engineers, architects --

 14 anyone else that you've been privy to

 15 conversations or know about

 16 conversations where people might be

 17 added as experts in these cases?

 18 A. I can't really recall -- yeah. There

 19 was another gentleman a while back, but

 20 I don't know -- that was a Mr. Bud

 21 Offerman, but I don't know if anything

 22 ever -- I don't know, you know, what

 23 conversations or anything ever had.

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 1 this many times.

 2 A. Yeah.

 3 Q. You think there's interplay between 303

 4 and 504. I disagree. But I think we

 5 agreed in the last case -- and I want

 6 to see if you've changed your mind --

 7 that even though 504 is not technically

 8 violated, you think 303 may be.

 9 A. I think the improper use of 504 -- I

 10 can't -- you can't say that 504 has

 11 been technically violated, no, you

 12 can't. But --

 13 Q. Now, 504(b)(4), the new code section,

 14 has a geographic restriction; right?

 15 A. Yes, sir, it does.

 16 Q. And (b)(1) has no geographic

 17 restriction.

 18 A. Not at this time.

 19 Q. And you're lobbying for one.

 20 A. Yes, sir, I am.

 21 Q. And that's that whole discussion you

 22 were talking about where Joe Lstiburek

 23 is going to go with you to the

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 1 consensus committee; right?

 2 A. If afforded the opportunity, yes, sir.

 3 Q. And the intent of your presentation to

 4 the consensus committee, if you're

 5 given that opportunity, is to create a

 6 geographical restriction to the

 7 application of (b)(1) walls.

 8 A. Simply -- simply as an exemption that

 9 (b)(1) should not be utilized in areas

 10 identified as (b)(4). (B)(4) was

 11 offered as an alternative to (b)(1);

 12 therefore, it doesn't make sense that

 13 both options would be proper.

 14 Q. So you want the code to change so that

 15 you can't build a (b)(1) wall in the

 16 humid and fringe-zone climate.

 17 A. I believe that would be the proper

 18 thing to do, yes, sir.

 19 Q. And until that change happens, it's

 20 still okay to build one there, by code.

 21 A. By code. If they're silly enough to

 22 keep doing it, then I guess so.

 23 Q. Now, page 1 of your report, this is

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 1 REPORTER'S CERTIFICATE

 2

 3 STATE OF ALABAMA )

 )

 4 ELMORE COUNTY )

 5

 6 I do hereby certify that the above

 7 and foregoing transcript was taken down

 8 by me in stenotype, and the questions

 9 and answers thereto were transcribed by

 10 means of computer-aided transcription,

 11 and that the foregoing represents a true

 12 and correct transcript of the testimony

 13 given by said witness.

 14 I further certify that I am neither

 15 of counsel, nor of any relation to the

 16 parties to the action, nor am I anywise

 17 interested in the result of said cause.

 18

 19

 20 Barbara A. Howell, Certified

 Court Reporter and Commissioner

 21 for the State of Alabama at Large

 ACCR NO. 123 - Expires 9/30/08

 22 MY COMMISSION EXPIRES: 12/27/08

 23

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