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GPSI_00108041 
EXHIBIT BN 
From: Tyler Mortensen [/O=MEX0S/OU=EXCHANGE ADMINISTRATIVE GROUP 

(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=TYLER.MORTENSENF37] 

Sent: 2/13/2015 8:23:46 PM 

To: Jeremy Thacker [jeremy.thacker@gpsinsight.com] 

Subject: FW: Jeremy Promissory Note 

Attachments: Employee_Loan_Jeremy_Thacker_20141231.docx 

Please see the t hread below, our auditors need a copy of the loan agreement for the money allowed on t he personal 

card and what you repaid. Wayne and Elliot put together a p romissory note we need you to sign and ret urn on Monday. 

Jason will need to be a witness. I'm out Monday but please make sure this gets taken care of. The auditors need this 

from Wayne asap. 

Thanks, 

Tyler Mortensen 

{O) 480.663.9465 I (M) 480.285.4326 

From: Wayne Holder 

Sent: Friday, February 13, 2015 1:21 PM 

To: Tyler Mortensen 

Cc: Elliot Batcheller; Jason Walker 

Subject: FW: Jeremy Promissory Note 

Tyler, 

Please have Jeremy sign as soon as possible and Jason witness the signature. I just need a scanned copy back to send to 

the audit ors. Thanks! 

Sincerely, 

Wayne Holder I Controller 

Gi Pl 5 

IN S IGHT 

7201 E. Henkel Way - Suite #400 

Scottsdale, AZ85255 

Direct: 480-663-9464 

Toll 1"866-477-4321 ext. 8045 

Wayne.Holder@gpsinsight.com 

www.gpsinsight.com 

From: Elliot Batcheller 

Sent: Friday, February 13, 2015 1:08 PM 

To: Wayne Holder; Tyler Mortensen 

Subject: Jeremy Promissory Note 

Here you go, Jeremy will need to sign and someone (preferably Wayne) will need to countersign and scan to PDF. 

Wayne, I have the template saved here and it probably makes sense to put the executed doc here as well. 

GPSI_00045276 
EXHIBIT BO 
*Based on "new business" sales data provided by GPS Insight from January 1, 2016 through March 2, 2017. 

THACKER 066329 
EXHIBIT BP 
Revenue vs Income (2016-2017*) 

$3,000,000 

$2,739,554 

$2,500,000 

$2,000,000 

$1,500,000 

$1,085,117 

$1,000,000 

$500,000 

$485,543 

$310,373 

$176,659 

$53,660 $91,189 $122,658 

$0 

Alex Ruiz David Pope Jeremy Thacker John Gaither 

*GPS Insight limited the dates of income to 2016. 

$258,000 

I s21s,620 

Josh Schwartz 

2016 Income for Sales Rep* 

Revenue to GPSI** 

**Revenue is the total contract value of "new business" generated from January 1, 2016 through March 2, 2017. 

THACKER 066328 
EXHIBIT BQ 
$1,600,000.00 

$1,400,000.00 

$1,200,000.00 

$1,000,000.00 

$800,000.00 

$600,000.00 

$400,000.00 

$200,000.00 

$0.00 

(blank) 2014 2015 

Revenue vs Income vs Expenses 

2016 2017 2018 2019 2020 2021 2022 

Revenue to GPSI 

■ Income to Jeremy 

Personal Expenses 

*Rolling revenue generated for GPSI by Jeremy vs Jeremy's personal income and alleged personal expenses. 

**Based on customer retention rate of 85% after 24 month contract expiration. 

THACKER 066327 
EXHIBIT BR 
Direct Messages between Jason Walker and Elliot Batcheller on 2017-03-06

jason.walker (Jason Walker) 2017-03-06 08:07 PM

I am now... thanks.

JW

jason.walker (Jason Walker) 2017-03-06 08:07 PM

Just read James' blog

JW

elliot.batcheller (Elliot Batcheller) 2017-03-06 08:08 PM

I'm hoping it's effective (obviously). I assume you talked to Rob?

EB

jason.walker (Jason Walker) 2017-03-06 08:10 PM

yeah... he is so funny. He totally is on the talk track that he would never had said anything if he knew we were

firing Jeremy. I tried to explain that we did not know until friday morning.

JW

jason.walker (Jason Walker) 2017-03-06 08:14 PM

Gary wanted to know if you got the phone shut down?

JW

elliot.batcheller (Elliot Batcheller) 2017-03-06 08:15 PM

I did

EB

elliot.batcheller (Elliot Batcheller) 2017-03-06 08:16 PM

That's now the story so we'll just have to get used to it.

EB

D 

D 

D 

D 

D 

D 

D 
EXHIBIT BS 
Heoo AT&T 9 9:52 AM -f * 82%.:Jo 

( Settings Touch ID & Passcode 

USE TOUCH ID FOR: 

iPhone Unlock 

Apple Pay 

iTunes & App Store 

• 

C) 

C) 

C) 

Use your fingerprint instead of your Apple ID password 

when buying from the iTunes & App Store. 

FINGERPRINTS 

Finger 1 

Finger 2 

Add a Fingerprint... 

Turn Passcode Off 

Chanae Passcode 

> 

3/7/17, 7:54 AM from Rob Donat 

He would need your pin to do that though so probably not likely. I'm done for the 

day ... have a good one .. DD 

3/7/17, 9:25 AM from Rob Donat 

Talked with Jason and all is good. Told him I didn't tell him about us talking 

starting a month ago because it was meddling with his team but I wanted to try 

to help you out. 

LISSON0377 

GPSI 00108648 
EXHIBIT BT 
LISSON0366 

3/6/17, 11:49 PM from Rob Donat 

Feel like you can trust someone ever? Don't hide your 4 digit code? Easy to 

remember 

3/6/17, 11:49 PM from Rob Donat 

He knew about that call. And that he was getting shit canned Monday. 

3/6/17, 11:50 PM from Rob Donat 

What's ironic is he knew it before any of us did 

3/6/17, 11:51 PM from Rob Donat 

He put together my rage about his Phone call which only you and I knew about 

with his 3 hour argument/conversation with Jason and Tyler which I didn't know 

about. 

3/6/17, 11 :51 PM to Rob Donat 

I have a 6 digit code. I did not know he was getting fired today, I don't know how 

he did, and I am frankly still processing it all. I need to let my brain wind down 

and try to get sleep before the kids get up. 

3/6/17, 11:52 PM from Rob Donat 

Or maybe he just noticed me wanting to punch him in the throat all night at the 

game. That could have given it away. 

3/6/17, 11:53 PM from Rob Donat 

If he didn't tell you then you need to think about that obviously. I've been reeling 

for days over this too and you're not alone and I'm sorry. 

GPSI 00108637 
EXHIBIT BU 
1/ 12/ 2017 07:17 

ii'ii 

r11 let you go now and have fun 

with the morning routine {if you 

even get around to reading this 

beforehand). Thanks for the 

morning text and ,good new s. 

Hope to watch it with you 

someday. D 

1/ 12/ 2017 11 :58 

. ii'ii Ok FIi I.et you go again. Thanks 

for not shutting, me out it would 

ki ll me right now. □ 

1/ 12/ 2017 16:35 

I've thought about this thoughii'ii 

seriously. rm apparently 

obsessed with both you and 

going bankrupt 

1/ 12/ 2017 16 :37 

. ii'ii 

l get that 

1/ 12/ 2017 16:39 

ii'ii Yeah I heard about Jack. .. 

GPSI 00108679 
EXHIBIT BV 
LISSON0436 

Rob Donat;+16026778000;;Biggest dick driving move I've pulled in years.;1/24/2017 12:15:56 

PM;Received 

Rob Donat;+16026778000;;Ok? Stomach still in knots WTF!? ... maybe it was the green onions. ;1/24/2017 

3:39:44 PM;Received 

Rob Donat;+16026778000;;Literally can't text about it ;1/24/2017 4:14:57 PM;Received 

Rob Donat;+16026778000;;Seriously Where would it be ;1/24/2017 4:24:19 PM;Received 

Rob Donat;+16026778000;;Driving ;1/24/2017 4:25:00 PM;Received 

Rob Donat;+16026778000;;Back to one;l/24/2017 4:16:06 PM;Sent 

Rob Donat;+16026778000;;Screw it I'm going 20;1/25/2017 2:48:55 PM;Received 

Rob Donat;+16026778000;;Just remembering details of last all American dinner. Didn't do that on purpose. You 

still coming?;l/25/2017 3:00:05 PM;Received 

Rob Donat;+16026778000;;??;1/25/2017 3:35:01 PM;Received 

Rob Donat;+16026778000;;I'11 be early if you want to hang out ;1/25/2017 5:08:28 

PM;Received 

Rob Donat;+16026778000;;Test ;1/25/2017 7:30:46 PM;Received 

Rob Donat;+16026778000;;"(Did you catch the ""fun"" word" though?) ;)"";1/26/2017 7:14:22 

AM;Sent" 

Rob Donat;+16026778000;;Please be careful!;l/26/2017 8:42:56 AM;Sent 

Rob Donat;+16026778000;;Let me know when you're back in the ground. ;1/26/2017 8:43:12 

AM;Sent 

Rob Donat;+16026778000;;Hilarious ;1/26/2017 8:44:26 AM;Received 

Rob Donat;+16026778000;;Now I will definitely let you know ;1/26/2017 8:44:42 

AM;Received 

Rob Donat;+16026778000;;Just got to airport looking forward to getting up in the air again in this plane. 

(nostalgia sets in);??? 6:38:11 AM;Received 

Rob Donat;+16026778000;;Maybe your new BF will follow suit and we can rebound to each other 

????;1/26/2017 9:10:07 PM;Received 

Rob Donat;+16026778000;;??;9/3/2062 1:40:50 AM;Sent 

Rob Donat;+16026778000;;Enjoy then and stop texting me thanks though and have a nice weekend. I may see 

you on my way to this golf tourney at Wigwam ugh!;l/27 /2017 7:42:42 AM;Received 

Rob Donat;+16026778000;;Hilarious and I have a video of that which is my favorite ;1/27/2017 7:03:52 

PM;Received 

Rob Donat;+16026778000;;So cute. She's a little you. Have fun.;1/27 /2017 7:22:39 

PM;Received 

Rob Donat;+16026778000;;Drive safe ;1/28/2017 3:15:40 PM;Received 

Rob Donat;+16026778000;;Love how that guy is relucant;l/29/2017 4:20:44 PM;Received 

Rob Donat;+16026778000;;How fast were you going?;l/29/2017 6:47:41 PM;Received 

Rob Donat;+16026778000;;Told you I should have gotten you my spare radar detector!;l/29/2017 6:48:43 

PM;Received 

Rob Donat;+16026778000;;?You and jack both ;1/29/2017 6:47:55 PM;Received 

Rob Donat;+16026778000;;Need autopilot ;1/29/2017 6:59:00 PM;Received 

Rob Donat;+16026778000;;Glad you're ok ;1/29/2017 6:58:51 PM;Received 

GPSI 00108707 
EXHIBIT BW 
From: 

Sent: 

To: 

Subject: 

Jason Walker [/O=MEX09/OU=EXCHANGE ADMINISTRATIVE GROUP 

(FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=4B4AAE4ACAEA485EBBC67737301C3Fl3-JASON.WALKER] 

2/23/2017 4:14:45 PM 

Tyler Mortensen [tyler.mortensen@gpsinsight.com] 

per my other email 

Jeremy needs to understand that every time he does something like this it kills my ability to politic for him on Amerisure. 

That is not something that we owe him on as it would just be a nicety at this point to thank him for his efforts. He has to 

be a good corporate citizen regardless of any other issues surrounding him at this time for me to do anything for him on 

this issue and he is simply not doing that right now. I am going to get the details on this from Carrie. 

Jascm.WaJker I VP of Sales 

GPS Insight 

7201 E. Henkel Way, Suite 400 I Scottsdale, AZ 85255 

866.477.4321 x8014 

480.663.9480 (Direct) 

gpstnsight.com. 

GPSI_00008586 
EXHIBIT BX 
Feb 28, 2017, 11 :41 :29 AM Eastern Time: Robert Dennis: I have some notes for your timeline but haven't had a 

chance to write them down yet 

Feb 28, 2017, 11:44:10 AM Eastern Time: Me: Aww, dude. Don't burden yourself with it. I hate having you 

vested in this shit too. 

Feb 28, 2017, 11 :44:58 AM Eastern Time: Robert Dennis: lol it's not a burden in the slightest 

Feb 28, 2017, 11 :45:58 AM Eastern Time: Me: FYI, link and Sig do fine together 

Feb 28, 2017, 11 :46: 12 AM Eastern Time: Me: Hurtie and link are hilarious. 

Feb 28, 2017, 11 :59:58 AM Eastern Time: Robert Dennis: Hehe I figured they would. It's just when link is on 

the leash that he's an asshole. Unless he's already walking with another dog 

Feb 28, 2017, 6:26:48 PM Eastern Time: Robert Dennis: MMS Received 

Feb 28, 2017, 6:58:59 PM Eastern Time: Robert Dennis: They opened an alamo drafthouse theater in Chandler! 

Feb 28, 2017, 7:08:21 PM Eastern Time: Me: I've heard those are sweet 

Feb 28, 2017, 7:08:35 PM Eastern Time: Me: I'm down for Modest Mouse too. I need to make sure that I'm in 

town. 

Mar 1, 2017, 10:04:21 AM Eastern Time: Me: I got a room at Hyatt on Sat so we can leave the festival and chill 

and store our stuff. It's got 2 beds too. We aren't going Sunday. So if you want to go, you're no longer trapped 

at festival. 

Mar 1, 2017, 5:10:34 PM Eastern Time: Me: http://hackaday.com/2017/03/01/create-cheap-philips-huecompatible-devices/ 

Mar 3, 2017, 4:40:29 PM Eastern Time: Me: I may need you to do me a big favor. You're free to say no for sure. 

Mar 3, 2017, 4:40:49 PM Eastern Time: Robert Dennis: Whatever you need man 

Mar 3, 2017, 4:42:07 PM Eastern Time: Me: I'm remotely wiping my desktop at work using TeamViewer. I think 

it should delete everything. It's like 90percent done. I just want to make sure no buttons have to be pressed 

after it reboots or something. Just walk in my office and click OK or whatever. I'll tell you when 

Mar 3, 2017, 4:42:35 PM Eastern Time: Robert Dennis: lol no problem 

Mar 3, 2017, 4:43:08 PM Eastern Time: Robert Dennis: I was kind of hoping for something a little more glorified 

than button pusher. But I'll take it! 

Mar 3, 2017, 4:43: 17 PM Eastern Time: Me: Based on Kristin's Convo with Rob, I think I should be prepared 

Mar 3, 2017, 4:43:28 PM Eastern Time: Robert Dennis: Yes 

Mar 3, 2017, 4:43:47 PM Eastern Time: Robert Dennis: Did you guys talk today? 

Mar 3, 2017, 4:44:16 PM Eastern Time: Me: Yes. I'm at her place. She's sleeping. 

Mar 3, 2017, 4:44:37 PM Eastern Time: Me: I don't know why she thought I'd be upset about what he said. I've 

known that about him for years. 

Mar 3, 2017, 4:45:42 PM Eastern Time: Robert Dennis: Good. I think she was more worried about telling you 

because of what you said about "the next time you cry about it, I'm going to be forced to take action." 

Mar 3, 2017, 4:46:29 PM Eastern Time: Me: I am. I don't know what she expects me to do. 

Mar 3, 2017, 4:47:00 PM Eastern Time: Me: I'm going to hire a lawyer whether she's involved or not. I dont even 

need her as evidence any more. 

Mar 3, 2017, 4:47:47 PM Eastern Time: Me: Anytime you're comfortable. You can run by my desk 

Mar 3, 2017, 4:47:54 PM Eastern Time: Me: No hurry. 

Mar 3, 2017, 4:49:45 PM Eastern Time: Robert Dennis: What do I need to do? 

Mar 3, 2017, 4:51: 10 PM Eastern Time: Me: Potentially nothing. It might just say OK or something like that. 

ldk 

Mar 3, 2017, 4:55:24 PM Eastern Time: Me: I'll do it this weekend d 

Mar 3, 2017, 4:55:29 PM Eastern Time: Me: Don't worry about it 

Mar 3, 2017, 4:55:37 PM Eastern Time: Me: Please don't. I'll take care of it. 

Mar 3, 2017, 4:56:10 PM Eastern Time: Robert Dennis: MMS Received 

Mar 3, 2017, 4:56: 10 PM Eastern Time: Robert Dennis: Didn't do anything. Sent you a pie of what it was doing 

when I walked in 

Mar 3, 2017, 4:56:36 PM Eastern Time: Me: Perfect;) 

Mar 3, 2017, 4:56:40 PM Eastern Time: Me: Thanks homie 

Mar 3, 2017, 4:57:39 PM Eastern Time: Robert Dennis: No problem 

Mar 4, 2017, 1: 11 :25 PM Eastern Time: Me: Yo 

Mar 4, 2017, 1: 11 :45 PM Eastern Time: Me: We've got a ticket today and can find one more. Y'all should come 

down. 

Mar 4, 2017, 1 :45:07 PM Eastern Time: Robert Dennis: Today's edm day right? 

Mar 4, 2017, 1 :45:50 PM Eastern Time: Me: Kinda. Ch romeo and flume. Not electro 

Mar 4, 2017, 1 :52:29 PM Eastern Time: Robert Dennis: Ok let me get a few errands done and then I'll hit you 

up to see where everything's at 

Mar 4, 2017, 1 :52:44 PM Eastern Time: Me: Cool. Whip. 

Mar 4, 2017, 6:23:06 PM Eastern Time: Me: MMS Sent 

Mar 4, 2017, 6:23:14 PM Eastern Time: Me: MMS Sent 

THACKER00929 
Mar 4, 2017, 6:53:59 PM Eastern Time: Robert Dennis: You two ... You guys look great 

Labels: Text, lnbox 

THACKER00930 
EXHIBIT BY 
Confidential 

Sales Policy for Sales Reps 

Sales Policy 

' -:!~" I d -f~=_~I- Know e ge Base 

Link:https://kb.gpsinsight.com/sales-policy-for-sales-reps/ Last Updated:June 6, 2018 

This is the GPS Insight 2018 Sales Policy. This document is designed to outline general sales policies for our 

2017 plan year. Any specific questions, please contact your direct manager. 

Sales Plans and Quota 

Your manager delivered your sales plan for 2018 and had you sign it. This sales plan defines your AMRR quota 

for the year. Should you miss any monthly quota two months in a row, you will be placed on a Performance Plan . 

Terms of your performance evaluation plan will be on a case-by-case basis with your immediate manager. You 

may be terminated from GPS Insight for failing to meet quota three consecutive months in a row. 

Teams and Territories 

Our sales teams are organized into the following teams and territories . 

Team Manager Fleet Attributes Quota 

Small Business Level 1 Phil Eatman 1 to 25 Commercial $132,000 AMRR 

Vehicles 

Small Business Level 2 Phil Eatman 1 to 75 Commercial $200,000 AMRR 

Vehicles 

Commercial Level 3 Phil Eatman 76 to 500 Commercial $350,000 AMRR 

Vehicles 

Commercial Level 4 Phil Eatman 76 to 1000 Commercial $479,000 AMRR 

Vehicles 

Strategic Level 5 Tyler Mortensen 1001 + Commercial $900,000 AMRR 

Vehicles 

Government Level 6 Tyler Mortensen Any Size Government $900,000 AMRR 

Fleet 

Canada and Mexico , or any location outside of the United States, is round-robined and subject to assignment by 

management on a case-by-case basis. Reps cannot self-generate leads in non-US locations that are outside of 

the Fleet Attributes/Sizes as defined by their team. 

Customer Account Assignments and Changes 

From time to time GPS Insight sales management may change a sales territory due to changing circumstances 

that might include customer concentration, vertical alignment or sales staff restructuring. With the objective of 

treating all of the sales staff fairly, the Vice President of Sales may determine and/or allocate commissions on 

sales in previously assigned territories or account groupings from time to time and on a case-by-case basis. 

Unless otherwise agreed in writing by the sales staff involved and their supervisor, the sales representative who 

relinquished an account (whether from territory realignment or otherwise) will be entitled to 100% of the eligible 

and earned commission on any sales opportunity recorded on the relinquished account provided that the sale 

transaction is recorded as revenue from the identified opportunity within 90 days of transfer of that customer 

account. If the sale occurs and revenue is recognized during that initial 90 day period, then the sales 

representative who was assigned the account will not be eligible for any commission on the sale opportunity that 

closes. 

Any sales transaction that is generated by a sales representative from a customer who had not been assigned to 

them or is out of their assigned territory (whether in terms of region , size, or other) will receive 0% of the eligible 

and earned commission. The sales representative who had been assigned the customer account, or should have 

been based on territory, will receive 75% of the eligible and earned commission and quota credit. 

If there are any questions whether a lead/opportunity is considered to be within a sales representative's territory, 

the sales representative will halt the sales process to get clarification from the Vice President of Sales. 

Exceptions 

Copyright ©2016 GPS Insight Page: 1 of 3 

GPSI 00109408 
Confidential 

Sales Policy for Sales Reps 

Sales Policy 

' -:!~" I d -f~=_~I- Know e ge Base 

Link:https://kb.gpsinsight.com/sales-policy-for-sales-reps/ Last Updated:June 6, 2018 

Any exceptions to this sales policy or your individual commission plan will not be binding upon GPS Insight 

unless done in writing and approved by Vice President of Sales. 

Commissions 

Commissions are earned and paid on the 2nd pay cycle each month for the prior month's payable transactions, 

following payment in full of the customer's associated invoice from the device transaction . Commissions are paid 

on AMRR, not on units. Each month you will receive a commission statement outlining each transaction and the 

associated AMRR value on the order. Your commission statement will show you both the AMRR you transacted 

that month, as well as what AMRR is payable in commission, which might not be the same as the AMRR you sold 

in that period . Commissions are only paid out when the customer's associated invoice from the device transaction 

is paid in full. You get paid when GPS Insight gets paid. You will be paid the listed percentage of AMRR sold 

based on your quota-attainment, as set in your Compensation Plan. Any unpaid AMRR will be held in a bank and 

paid out to you in the period in which the customer pays the associated invoice. Purchase Orders do not count as 

payment; only paid-in-full invoices. Commissions earned within 120 days of an employee's termination date will 

be paid and all other commissions are forfeited by employee. 

If you reach a new tier of AMRR payout, as listed in your Sales Plan , we will perform a "true-up" to retroactively 

pay you the difference between the payouts you have already received from your old rate to the new one. Trueups are based on paid orders, not booked orders. 

Commission Eligibility is determined by the number of days between the customer's first purchase and the sales 

transaction. 

Team 

Small Business Sales 

Commercial Sales 

Strategic Sales 

Government Sales 

Order Processing and Discounting 

Days Since Order 

365 

365 

730 

730 

Signed agreements/transactions must be delivered to Sales Operations by 5PM on the final business day of the 

month. 

Reps can discount AMRR independently and cannot exceed 5% discount. Any discount above 5% must be 

approved by your immediate manager. Any discount on device rental fees must be approved by your immediate 

manager. Refer to the published Price List here in the Knowledge Base for approved pricing. Any request for 5/10 

second intervals must be approved by Rob Donat via your immediate manager. 

Leads 

Leads are managed and operated by our Lead Operations Manager. In order to continue receiving sales-qualified 

leads from the marketing team, you must adhere to the Sales Contact Strategy as defined in the KB article. Any 

evidence that the Sales Contact Policy was not followed may result in a reduced assignment of leads until 

compliance is met. Management reserves the right to assign any lead to any rep for any reason at any time. Only 

vehicle counts count towards assigning leads to the proper team. 

Rep Awards 

In order to encourage healthy competition and to facilitate a rewarding work experience, GPS Insight recognizes 

the following recurring sales performance awards: 

Team 

Commercial Sales and Small Business Sales 

Copyright ©2016 GPS Insight 

Month 

$500 

Quarter 

$1500 

Year 

$5000 

Page: 2 of 3 

GPSI 00109409 
Confidential 

Sales Policy for Sales Reps 

Sales Policy 

Link:https://kb.gpsinsight.com/sales-policy-for-sales-reps/ Last Updated:June 6, 2018 

Team 

Strategic and Government Sales 

Month 

$500 

Quarter 

$1500 

' -:!~" I d -f~=_~I- Know e ge Base 

Year 

$5000 

In order to be eligible for a sales award, reps must meet your AMRR quota for that period. In the event more than 

1 sales rep meets quota in a period , the rep highest percentage attainment of monthly quota will win . New 

business is defined by AMRR on transactions where the customer age is less than 365 days. 

Signature and Acknowledgement 

The GPS Insight sales policy, and your individual commission plan, shall not be considered by you as an 

employment agreement and does not in any way modify your employment relationship with GPS Insight, 

establish a term of employment with GPS Insight, or modify your employment status. Notwithstanding the 

foregoing, this sale policy and your individual commission plan is not intended to be a written modification of any 

written employment agreement that you may have with GPS Insight. The GPS Insight sales policy and your 

individual commission plan are subject to modification or termination at any time by GPS Insight. Upon 

modification, GPS Insight will endeavor to provide to you advance notice of any modification. Verbal modifications 

to your individual sales commission plan and the GPS Insight sales policy shall have no force or effect. 

Any exceptions to this sales policy or your individual commission plan will not be binding upon GPS Insight 

unless done in writing and approved by the Vice President of Sales. 

By your signature below, you acknowledge that you have received and read a copy of this sales policy and your 

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Copyright ©2016 GPS Insight Page: 3 of 3 

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sole purpose of entertaining married women, seems awfully concerned with—perhaps 

even threatened by—Mr. Thacker’s personal sex life. 

C. DONAT'S PATTERN OF RETALIATION BY DISCLOSING 

EMPLOYEE’S CONFIDENTIAL INFORMATION 

Mr. Donat has a pattern of being careless with the personal information of his 

employees, often times disclosing it is a means of retaliation and control. 

In October 2016, Mr. Donat divulged to Ms. Lisson that George Daminov 

(employee) had health issues due to Hepatitis A. 

In December 2016, Mr. Donat divulged to Ms. Lisson that Evelyn Lawson/St. 

Louis (employee) required hospitalization and alcohol-induced rehab. 

In March 2017, Mr. Donat divulged to Ms. Lisson that James Pattie (employee) 

requires shots due to his post-coital headaches. 

Mr. Donat held even less restraint when it came to influencing Ms. Lisson’s 

perception of her new love interest: 

“One quick thing and I’m not trying to be a dick but please be very careful with 

that. Pretty sure that’s herpes he’s constantly got going on lip-wise and he’s no stranger 

to strippers” (1/10/2017 - GPSI_00108146). Mr. Donat was referring to Mr. Thacker. 

It is no wonder why Mr. Thacker took special precautions prior to his termination 

and later provided Mr. Donat with explanation: “When I became aware of your actions 

regarding my personal phone call, I took the final step in my preparation of wiping my 

machine. The reason for that was not to protect my commissions or to destroy property 

but to try and keep any personal information from being used as a weapon against me, 

Kristin, or our relationship since there were plenty of examples of that happening prior” 

(3/10/2017 - THACKER00665-THACKER00669). 

Even Mr. Donat himself acknowledges this point in his response that same day: 

“I also understand you may not have wanted personal data in our possession, which 

seems to be why you wiped your PC but provided us with a Google Drive backup” 

(3/10/2017 - THACKER00665-THACKER00669). 

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Yet now Mr. Donat claims Mr. Thacker’s actions regarding his computer to be 

malicious, despite the company retaining all pertinent emails relating to GPS Insight 

clients within their CRM system as well as Exchange Server. 

Furthermore, shortly after Mr. Thacker’s unlawful termination, Mr. Donat pulled 

a background report on Mr. Thacker with the sole intent of finding information he could 

use as a pretext to justify Mr. Thacker’s termination. With blatant disregard for Mr. 

Thacker’s privacy (and the law), Mr. Donat shared the report itself with Mr. Walker 

(and possibly others) in an attempt to negatively influence his perception of Mr. 

Thacker. 

Mr. Donat also invited Mr. Dennis, Mr. Thacker’s best friend, to an offsite 

meeting in May 2017 to discuss information on the report with him. During that 

meeting, Mr. Donat even speculated about Mr. Thacker being a danger to Ms. Lisson’s 

children. Unsolicited, Mr. Donat again referenced information on the report to Ms. 

Lisson in an email in June 2017 (GPSI_00108383 - GPSI_00108389). 

D. DONAT'S OBSESSION WITH MS. LISSON 

Mr. Donat refused to produce any of his text messages with Ms. Lisson that are 

relevant to Mr. Thacker’s claims. It was not until May 25, 2018 that Mr. Thacker was 

able to obtain a copy of those text messages—but only because they were produced by 

Ms. Lisson. It is not surprising that Mr. Donat did not want to produce these text 

messages—as well as hundreds of others still unproduced by Mr. Donat that had already 

been deleted by Ms. Lisson prior to Mr. Thacker’s termination—because they show 

how truly jealous he was of Mr. Thacker's relationship with Ms. Lisson. 

From the moment Ms. Lisson told Mr. Donat about her new relationship with 

Mr. Thacker (1/10/2017) until her termination (3/19/2017), Mr. Donat worked 

obsessively at winning her back through whatever means necessary. Of the messages 

between Mr. Donat and Ms. Lisson that have been produced to-date, Ms. Lisson sent 

198 messages in comparison with Mr. Donat’s 726. A snapshot of these messages that 

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Mr. Donat sent to Ms. Lisson during this period is provided in the following pages. 

(Only 6 of 60+ messages in this section were produced by Mr. Donat himself.) 

“[...] I love you. And miss you. [...] And I hope the 2 lost months don't damn 

any long term possibility together. Worst case I will have to go through what you did; 

which is my of own doing. And I'll be ok. Best case we can restart starting with friends 

and I promise not to [...] Anything you need please ask” (1/10/2017 - GPSI_00108141). 

“I get it and as long as it's equal opportunity distancing from all parties I will be a 

much much happier and more optimistic camper” (1/10/2017 - GPSI_00108141). 

“Also; not to pile on JT but I just realized you live over there with him too 

now!!! What could go wrong? Please be deliberate and know I'm willing and able to get 

to the next level with you (either up OR down...” (1/10/2017 - GPSI_00108143). 

“I know I'm just trying to reconcile the long wait for you to actually be ‘on the 

market’ with ‘I've lost my long term chance possibly to JT’. ‘I've made a huge 

mistake’” (1/10/2017 - GPSI_00108143). 

“[...] This week has made me understand how much you mean to me and I just 

want to do what I can to preserve that and maybe move forward slowly some day even 

though I would move today [...]. And you told me you are considering JT because it 

didn’t mean anything and wouldn’t go anywhere (my interpretation) [...]” (1/11/2017 – 

GPSI_00108676). 

“[...] Sorry, just venting and jonesing for you so I’m blowing you up with IM” 

(1/11/2017 - GPSI_00108675) 

“It was me thinking you spent your first night alone not alone and I'm sorry to 

speculate and have paranoia but I can see how having Jeremy romantically would [...]” 

(1/11/2017 - GPSI_00108683). 

“I'll let you go now and have fun with the morning routine (if you even get 

around to reading this beforehand). Thanks for the morning text and good news. Hope 

to watch it with you someday” (1/12/2017 - GPSI_00108679). 

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“Ok I'll let you go again. Thanks for not shutting me out it would kill me right 

now” (1/12/2017 - GPSI_00108679). 

“I've thought about this though seriously. I'm apparently obsessed with both you 

and going bankrupt” (1/12/2017 - GPSI_00108679). 

“[...] I'm excited / scared / hopeful for your future starting tomorrow whether I'm 

a part or watching from somewhere I'll be able to see it and be happy for you; I hope. 

[...] The best housewarming gift I can think to give you is to promise not to text you 

tomorrow unless you ask. I might not make it past Saturday though” (1/13/2017 - 

GPSI_00108680). 

“[...] I only have 10 months coming at me and 3 1/2 years of knowing how 

amazing you are to have to come to grips with losing it. You have more than that and 

I'm sorry for losing it at the worst time possible for you. Know no matter what I am 

thinking constantly of you; not hurting nearly as much (long motorcycle ride helped 

along with seeing my doggie); and will do anything for you at any time; even if you 

insist it's let go; which I will now; hoping maybe we can reconnect. Know that everyone 

needs you because you are a precious resource. You are such an amazing [...]” 

(1/13/2017 - GPSI_00108685). 

“And I forgot amazing employee too” (1/13/2017 - GPSI_00108686). 

“I wasn't going to grovel for a hug again so I'm happy you sent me one. Needed 

that and thank you and [] too” (1/13/2017 - GPSI_00108682). 

“Also I will say when you're in love and hurting every flipping song on the radio 

punctuates it. I need books on tape (been listening mostly to classical guitar which by 

the way I want (in my hypothetical future perfect world) to learn with you assuming that 

might be interesting)” (1/16/2017 - GPSI_00108704). 

“Love how you run from this subject... makes me so much less obsessed about 

it. [...]” (1/17/2017 - GPSI_00108704) 

“Love you. I hope you get better soon. ??(ANYTHING you need me to do for 

you please let me know.)” (1/19/2017 - GPSI_00108705). 

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“Hope you're asleep. Thinking of you tonight” (1/20/2017 - GPSI_00108705). 

“[...] I’m trying really hard to choose my words and their unintended effects, and 

not create and more bullet list items for a future ‘I’m not ok’ text. [...]” (1/21/2017 - 

GPSI_00108693) 

“Kristi just told me she couldn't have hand picked anyone better [...]” (1/21/2017 

- GPSI_00108699). 

“Btw not trying to pry and it's fine if you were out with employees... I'm much 

better about that trust me” (1/21/2017 - GPSI_00108705). 

“Re reading our texts as I’m prone to do. [...] Working from home today and 

will see you later I hope and I’ll keep it professional. [...]” (1/25/2017 - 

GPSI_00108698). 

“Just got to airport looking forward to getting up in the air again in this plane. 

(nostalgia sets in)” (1/26/2017). 

“Maybe your new BF will follow suit and we can rebound to each other” 

(1/26/2017 - GPSI_00108707). 

“[...] is it wrong you’re who I want to say good night to every night...” 

(2/8/2017 – GPSI_00108148). 

“(Don’t answer that question unless it’s in the negative)” (2/8/2017 – 

GPSI_00108148). 

Given that Ms. Lisson had already pleaded with Mr. Donat to let her go 

(1/17/2017 - GPSI_00108692), Mr. Donat eventually switched tactics. This time, he 

attempted to manipulate her into ending her relationship with Mr. Thacker by telling her 

that it was damaging her career, despite producing no evidence to support such concern. 

Ms. Lisson had a stellar performance record (Employee of the Year 2014) and was 

extremely well-liked within the company. Mr. Donat knew that she would be 

particularly vulnerable to this ploy, as Ms. Lisson was finalizing her divorce, and her 

ability to support herself and her children was highly dependent upon her job stability. 

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Additionally, several of Ms. Lisson’s work-related friendships went back 10+ years, and 

she had built her entire social life and support system around her office-mates. 

“Business hat on. Been debating. Trying to keep the Chinese wall in place and 

also trying not to control/guide you. Worried you may (or already have) damage/d your 

credibility and frankly your acceptance by others within the company. Further than is 

already the case. Not just Jeremy, but that getting out isn't painting you in a good light. 

And I think you need to avoid confusing personal empowerment with business 

empowerment. You're not making friends lately” (2/13/2017 - GPSI_00108534). 

“Very sorry to drop that ambiguously on you. Trust me it is me caring for 

BOTH you and the company that caused me to do it that way and there was no other 

choice other than to say nothing. I think it is better for you long term if I told you as 

well as for the company. I'm sorry if it hurts. I promise you it's the last thing I wanted 

to do” (2/13/2017 - GPSI_00108536). 

“I hope you can understand I'm trying to help you avoid it worsening and it's a 

real concern for me both personally and professionally (for both our sakes)” (2/13/2017 

- GPSI_00108536). 

“[...] You have been very focused on a SHIT TON of personal bullshit lately 

and have come through it as well as you could but I felt I needed (with much 

deliberation) to be the bearer of bad news and bad impressions which to be fair are not 

company-wide but could become so. And I hope you can adjust in order to fix that (if 

you want -- your call). You know that. I've told you many times. I care deeply for you 

and wouldn't have said anything otherwise. You deserve to have someone shout from 

the rooftops about you and vice versa. I didn't want you to forget you have a 

professional and personal reputation though and colleagues who may not feel the same 

as you do about it. Again, sorry” (2/16/2017 - GPSI_00108544). 

“[...] Miss you. Last night weirdly I woke around 2 and couldn't get back to 

sleep and it reminded me of the night I was going insane thinking about you 2. Was 

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thinking about it again last night but it was the byproduct not the cause. [...]” 3/1/2017 - 

GPSI_00108620). 

“I really truly think the world of you (love you most of the time) and promise 

you this is hard for me to do -- I just think it's necessary for you to know the damage 

which I think you're doing / have done / will do. I'm sorry. I really am” (3/1/2017 - 

GPSI_00108621). 

“I hate being in this position more than you can imagine. That song from earlier 

makes me wish I could go back 5 months and see where we are at. I wanted to weather 

a storm no one knew was hitting us and emerge after the debris was hauled away. Life 

not so easy I guess” (3/1/2017 - GPSI_00108621). 

“(Oh, and also change everything when I could have)” (3/1/2017 - 

GPSI_00108621). 

“I hate to break it to you but I took 10 minutes went back 1 day and have 

confirmed my opinion of Jeremy as a person. He hides how much of a complete 

arrogant condescending and unkind piece of shit (in my humble opinion) he is very well 

but he was nice enough to record it for me to listen to. [...]” (3/2/2017 - 

GPSI_00108624). 

“You suggested I look at call records” (3/2/17 - GPSI_00108624). 

“Maybe I should have waited until after the game to share that. Sorry. Just want 

you to know what I think about him personally and I'm glad to let you listen. Doesn't 

affect anything just my opinion and I want you to know both of those things. He treats 

people like shit if he doesn't have to be nice to them for his own purposes. That's how I 

would sum it up. [...] He is the infant I always felt he was. And I'm glad he can sell. 

Sorry if I come off mad at you. In a way I am for you not seeing through it. Sorry but 

true” (3/2/2017 - GPSI_00108625). 

“Something good will come from all of this I hope. For all of us. And I'm sorry 

to pile on unmercifully JT but I'm not kidding first thing I uncovered was...” (3/3/2017 

- GPSI_00108626). 

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“I'm sorry yesterday was horrible for me and I'm sure much worse for you. I 

hope you're ok. I promise I've made the last point I ever will on that topic. It's your life 

and my opinion is what it is and we are both entitled to our own on him. I am more than 

willing to share the backup for this with you if you want to hear it, and I hope you never 

experience this side of him first-hand” (3/3/2017 - GPSI_00108626). 

Seizing his opportunity to further fan the flame among his executive leadership 

team, Mr. Donat expressed to Mr. Batcheller his reasons for wanting to terminate Mr. 

Thacker. Within this very justification, he knowingly lied to Mr. Batcheller by 

indicating that he serendipitously “stumbled” on Mr. Thacker’s phone recording, despite 

later admitting that he purposely reviewed Mr. Thacker’s phone activity due to a private 

conversation he had with Ms. Lisson. 

“I want the fundamental reason for Termination to be categorized as his culture 

killing nature [...] combined with the fact that I stumbled on his self-I recorded abusive 

dialogue [...]” (3/6/2017 - GPSI_00108196). 

With Mr. Thacker finally out of the way, Mr. Donat assumed he would get his 

chance with Ms. Lisson again. What Mr. Donat did not expect, however, was that Ms. 

Lisson had already told Mr. Thacker about Mr. Donat’s secret messages to her, many of 

which highlighted Mr. Donat’s repeated attempts to undermine Mr. Thacker’s good 

standing at work. 

When Mr. Thacker referenced such unlawful actions in his termination meeting 

on March 6, 2017, Mr. Donat sent himself into a tailspin. He was desperate to learn 

what information Ms. Lisson shared and to further conceal his self-serving actions from 

his executive staff. 

“He's a sociopath. I upgraded him today” (3/7/2017 - GPSI_00108635). 

“I'm sorry but I care for you and want you to know you can trust me on this.” 

(3/7/2017 - GPSI_00108635) 

“Sorry I'm not texting you for this tonight. I wanted to know you're being 

misrepresented by him. And I suggest you ask Jason to play the recording for you. It's 

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not like he's telling people he's going to murder them. It's just a truthful unchecked cross 

section of who he is when no one is looking. And I am afraid for you” (3/7/2017 - 

GPSI_00108636). 

“He put together my rage about his Phone call which only you and I knew about 

with his 3 hour argument/conversation with Jason and Tyler which I didn't know about” 

(3/7/2017 - GPSI_00108637). 

“Or maybe he just noticed me wanting to punch him in the throat all night at the 

game. That could have given it away” (3/7/2017 - GPSI_00108637). 

“I like having history saved with you” (3/7/2017 - GPSI_00108641). 

“Wrong time to get sentimental but I am” (3/7/2017 - GPSI_00108641). 

“I'm glad you replied. You can trust me Kristin I promise” (3/7/2017 - 

GPSI_00108641). 

“[...] Jeremy told jason I called him a piece of garbage in the text I sent you 

which you supposedly showed him. A) he saw it somehow. B) he can't stand the truth so 

he glossed over what I actually called him.” (3/7/2017 - GPSI_00108646) 

“Please don't tell Jason I told you the part about trust. That was between us but 

please believe me it was said.” (3/7/2017 - GPSI_00108651) 

“Can you call me assp? Figuring some of this out and need to talk not text - 90% 

sure he just opened your phone at some point Thursday or Friday but I want to get 

timelines figured out and do some damage control with jason and Tyler and Elliot as 

they think you deliberately and maliciously what I sent you (which I had not told them I 

sent you and I had expected/trusted to remain between us)” (3/7/2017 - 

GPSI_00108646). 

“I know you are incommunicado” (3/8/2017 - GPSI_00108652). 

“It would be a great idea to call me tonight though” (3/8/2017 - 

GPSI_00108653). 

“Guess not. MDMAybe later” (3/8/2017 - GPSI_00108653). 

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“[...] I need you to pull it together because I can’t hear you when you’re sobbing. 

I’m sorry, but I’m going to be tough here. I’m trying to help you and want to help you. 

What do you mean he has everything? What did he get and how did he get it? I need 

you to get tough here. Obviously you can’t talk. We’ll see if tomorrow goes well for 

you. I’m sorry you’re in the position you are. I’m not there. I’m not pulling the strings. 

Do you know that you’ve thrown your life and your family’s and your career over a guy 

who’s fed you ecstasy over the last couple months and just mind-fucked you? And he’s 

threatening our company, which you love, and he’s throwing you to the wolves because 

he has a vendetta for me because he’s a fuck-tard, and I don’t put up with that. Do you 

realize you’re going to lose your job over this because nobody trusts you and you 

haven’t had the strength to just distance yourself—at least on paper? And I’m sorry that 

you’re in love with him but [...]” (3/8/2017- GPSI_00108723). 

Even after Ms. Lisson voluntarily disclosed her past affair with Mr. Donat to all 

parties involved in Mr. Thacker’s termination, Mr. Donat continued to operate under the 

delusion that his romantic relationship with Ms. Lisson would one day be viable. 

“[...] I understand your request and will honor it but need you to know I want to 

help you here Kristin. I don't know what you were doing last night but it is very 

frightening and I hope you are ok. I will not let you down and don't want to lose you as 

a part of our company” (3/9/2017 - GPSI_00108656). 

“I want to let you know I'm glad you sent that email. I hope it has lifted the same 

incredible weight off your shoulders as it did mine. I hope you are better and regardless 

of how you want to move forward I will do what I can and really whatever you need. 

We all hope it's still as part of GPSI. I'm sorry” (3/9/2017 - GPSI_00108656). 

When Ms. Lisson still did not return Mr. Donat’s messages, he attempted to 

reach her through an email to Mr. Thacker, which he hoped Mr. Thacker would share 

with her (as admitted in a later message):

“[...] I don't want people in the company who damage others. I never damaged 

Kristin other than emotionally by distancing myself [...] In fact the 2 times I upset her 

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the most, she ran pretty much [...] into Robert's and your arms. I am glad she had 

someone to help her through that time. I couldn't be the reason she definitively left a 

good guy and shouldn't have gotten involved to begin with, but as you know, she is a 

wonderful person. [...] She is talented and valued and deserves to grow and succeed 

with GPS Insight and I am committed (quite obviously I think you should see) to doing 

everything possible to ensure her continued success and security. [...] anything further 

will go through my lawyers should you or she choose to go that route. It will be costly 

and fruitless, and we are certain of that. I expect you to and that's your prerogative, but 

I hope she doesn't go that route as this situation can easily be forgotten [...] Please don't 

jack her life up any further Jeremy” (3/10/2017 - THACKER00665-THACKER00669). 

How quickly Mr. Donat’s praise of Ms. Lisson turned into condemnation when 

she finally reported to Mr. Walker and Mr. Batcheller that Mr. Donat had been secretly 

communicating with her and sexually harassing her, despite Mr. Donat having earlier 

promised them that he would not contact her anymore (3/9/2017 – GPSI_00108305, 

3/13/2017 - GSPI_00108312). Several days later while drinking heavily in a Nashville 

bar, and without advanced discussion with her supervisor, Mr. Donat terminated Ms. 

Lisson’s employment via text message: 

 “Drama stops now. Period. Stop” (3/19/2017 - GPSI_00108657). 

Even after Ms. Lisson had settled her legal issues after her termination, Mr. 

Donat continued to call her (4/5/2017 - GPSI_00108943), send her texts and brood over 

their history by feverishly liking/unliking past text messages—even pleading for her to 

block him when he couldn’t stop himself (4/17/2017 - GPSI_00108660, 4/20/2017 - 

GPSI_00108661), and follow her on social media where he frequently favorited her

posts, such as: “Quick reminder after a long week: you’re going to die” (5/6/2017 - 

GPSI_00108453). 

Perhaps the most disturbing message he sent to Ms. Lisson since his daily 

obsession with her started, came a full three months after he had terminated her. To 

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avoid an electronic record appearing on the company’s mail server, Mr. Donat even 

created a covert email account (alias “YYZ Man”) from which to send the message: 

“3 months today. Jeremy talking to Jen telling him about what I had told you 

trying to help you was the final straw, FYI. Too much drama. Figured I would give 

you that nagging little piece of the puzzle if it wasn’t clear. Last words I heard from 

you after hearing you ad [sic] nauseam pretending he had hacked your stuff (Oh my god 

he put my network together!) when you were beyond wasted were ‘He knows 

evveerrryytthing...’ (then long scary silence) [I frantically called Lance and Jeremy to 

go help you that night but I’m sure that and other correspondences and details went 

missing] Ironically 2 Manhattans and Country Music in Nashville were probably the 

catalyst that Sunday night #yaymanhattans. And also Kristi suggested I fire your ass and 

she has vastly better judgment than I. #yaykristi It wasn’t your feeble cowardly 

assertion (although I’m guessing Jeremy suggested both ridiculous emails). I was the 

only one battling (not bullying) to keep you employed and stupid to be doing so – and 

then you lied, baited, and extorted me. And I still let it go and you would have been 

fine except for that call and your inability to take solid caring advice and not feed 

Jeremy with it. We are all vastly better off this way I’m sure you will agree. We do. 

#GPSIvsGypsyBothRuleClearly. I’m mostly over it – I just ran into this thread 

randomly and noticed the date being 3 months. We have both spent a lot of time in both 

CA and Chicago! I would be remiss on my last ever text to you (hopefully) if I didn’t 

tell you to ask Jeremy about the SD card full of naked pictures of his former conquests 

he shared with employees and also about his jail time for a domestic altercation. And 

how he bragged about banging Jen in Justin’s office. And the $15k in unauthorized 

credit card charges... Buying presents for loved ones... He will have plausible 

explanations thankfully so you can sleep well knowing you are in good hands. Again, 

good luck! Also, you’re welcome for the free money. Keith still hasn’t billed me – 

obviously he enjoyed so much spending time speaking with you. Jeremy will burn 

through it in no time and move on to his 24th residence, another bankruptcy, another 

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failed furniture/mortgage business and likely leave you with the summary judgment for 

a change. #disgusted #sosad 

#yourinstagrampostsareridiculousthankyouformakingthemgoawayit’slikeabadaccidenth

ardnottowatchbutappreciatethepseudointellectualpandering 

#doingbackgroundchecksfromnowon #bye” (6/19/2017 - GPSI_00108383 - 

GPSI_00108389). 

Mr. Donat’s efforts to mislead his executive team about his obsessive behavior 

toward Ms. Lisson extend all the way to the court. Less than 48 hours after sending that 

message to Ms. Lisson, specifically with regard to his reason for terminating her (i.e., 

his intoxication coupled with her “inability to take solid caring advice” about Mr. 

Thacker), Mr. Donat testified to a judge in Ms. Lisson’s unemployment hearing that 

“the manner in which she was terminated was quick and abrupt because of hacking 

issues we had with associates of Kristin’s” (6/21/2017 - GPSI_00108944). Mr. Donat 

well knew by the time of her termination (3/19/2017) that there were no such hacking 

issues as evidenced by his own admission in his email to Mr. Thacker nine days earlier: 

“[...] I understand the rock and a hard place she was in and the reason for the 

leaks to you and the lies about them. We are all willing to forget everything happened 

and start work Monday moving forward. [...] You telling (lying to) us you had seen her 

texts from me and ‘she didn't know that’ painted you as a stalker/hacker and led to the 

ugly part of this week. And anguished me that she was duped and hacked vs. complicit. 

[...] I understand the weight of the world she's been bearing and I'm sorry she has been 

as understandably stressed as she has been” (3/10/2017 - THACKER00665-

THACKER00669). 

Lastly, four months after Mr. Thacker’s termination and two months after 

attempting and failing to prosecute Mr. Thacker for trumped up theft charges, Mr. 

Donat sent Mr. Thacker a birthday card as yet another bizarre instance of his obsessive 

nature (7/7/2017 - THACKER00813). He bragged to one of his executive staff (Gary 

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Fitzgerald) that it was “[...] weird that I remember his birthday. There are only four 

birthdays I remember and one of them is my own.” Mr. Donat has three children. 

E. DONAT'S PATTERN OF RETALIATION 

Unfortunately, Mr. Thacker and Ms. Lisson were not the first, nor the last, 

employees to experience Mr. Donat’s retaliatory behavior whenever his reckless 

leadership style comes into question. Mr. Donat is widely known at the company for 

obsessing over his Glassdoor reviews. He frequently solicits raved reviews from 

employees and responds with vengeance when he receives a negative anonymous rating, 

not resting until he finds out who submitted it. 

“[...] This is unquestionably written in anger by a disgruntled former employee 

who no longer works for the company, let go 7 days ago.” (Glassdoor, 5/27/2016) 

“[...] the employee who recently resigned from the company who this seems to 

be from specifically and vehemently denies having written it, and is upset that it looks 

like it is theirs.” (Glassdoor, 1/3/2018) 

In a particular instance, what was internally referred to as, “Glassdoorgate,” Mr. 

Donat sent an all-company email referencing a negative employee review (100 words) 

and his public response to it (1,000+ words), which has since been deleted. In the email, 

Mr. Donat offered a reward for the anonymous reviewer to come forward: 

“[...] We owe this company’s success to great employees who have been able to 

remain nimble, productive, and loyal. GPS Insight has been and will continue to be 

loyal to them. [...] We try to recruit and retain only these types of employees. [...] I will 

now offer a 1 month severance payment to any employee who at this time does not feel 

that GPS Insight is the right place for them. [...] If you choose to reveal and somehow 

prove yourself as the reviewer as well, I will add 1 additional month severance and wish 

you well. [...] I don’t want unhappy, disgruntled, and frankly, toxic and backstabbing 

employees here [...]” (6/12/2016 - THACKER00112-THACKER00116). 

In his follow-up all-company meeting to address the review, Mr. Donat shared a 

slide entitled, “Anecdotes: Few ‘bad’ ex-employees.” (THACKER00846). The slide 

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contained names and pictures of past employees (Josh Pacheco, Patrick Gray, others) 

with highlighted pictures of their subsequent employment and “bad luck” since leaving 

GPS Insight, which Mr. Donat offered as proof that every person should consider their 

employment with him to be special and irreplaceable. 

When Mr. Dennis, Mr. Thacker’s friend, resigned from GPS Insight, Mr. Donat’s 

retaliatory behavior became even more malicious, as he attempted to not only tarnish 

Mr. Dennis’ reputation internally among his peers but also among Mr. Dennis’ new 

coworkers and managers at his next place of employment. 

For context, Mr. Dennis sent the following resignation letter to Mr. Donat, Ryan 

Driscoll (Mr. Dennis’ manager), Mr. Walker, and Mr. Batcheller on August 4, 2017:

“[...] I do not want my career to be measured by my perceived loyalties or my 

continued friendships with past employees. [...] especially when I do not agree with, 

and have voiced my opinion on, how things were ultimately handled with regard to 

Kristin and Jeremy. [...] Since Jeremy and Kristin were terminated, there has been 

tremendous effort among the leadership of the company to justify their illegal 

termination, despite their previous contributions continuing to pay dividends to the 

current bottom line. [...] It's even more difficult to hear the justification that it was a 

business decision when there are much easier business decisions to make about more 

obvious sub-standard employees. But since those employees are perceived to be loyal, 

they'll get a pass. [...] I simply cannot be a part of that culture any longer. As I was 

imparted with some advice about appearances, allow me to provide my own: The 

emperor has no clothes” (8/4/2017 - THACKER00821-THACKER00829). 

In response, Mr. Donat sent the following message directly to Mr. Dennis: 

“[...] I am fairly certain you may have literally no idea what actually caused their 

downfall and it's not really my place to let you know. If it's not 100% clear and 

unambiguous to you, then you don't know what has been going on. [...] If I want to buy 

a boat and a third plane and a fifth residence, guess what, it's my prerogative. I grew up 

in vastly worse economic conditions than probably every employee did. The last time I 

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saw my abusive and unsupportive Dad was when I was 6. I'm not sorry for myself. It 

was a blessing. I built everything I've got and I try to ensure employees do better and 

make more money than they would elsewhere. [...] Was there anything illegal about 

firing Jeremy? No. Immoral? No. He stopped working. Period. And was toxic. And 

a Dick (Jason's words but mine as well). And it's an at-will work state. And he turned 

down a generous severance package because he's an idiot. [...] The emperor wears no 

clothes is not advice as you stated. It's an adage. Many don't understand where that 

saying comes from or what it means. I do. I am very aware of myself and what people 

think of me. I welcome dialogue. I live my life openly and am happy to hear others' 

concerns, criticism, and comments (typically upper managers, but also Al Dababneh and 

others willing to dare). If I'm not wearing any clothes in your eyes, it's just because you 

weren't willing or brave enough to tell me as such. Or because you've let others make 

up your mind for you. [...] This email is between us. I hope you have the individuality 

to keep it that way. [...] I hoped for a tie in this one. Mostly for your sake. First and 

only time they will win. [...]” (8/4/2017 - THACKER00816). 

When Mr. Dennis did not respond to him, Mr. Donat invited Mr. Dennis via text 

message to meet with him (GPSI_00108110). Mr. Dennis again did not respond. Not 

having gotten the reaction he wanted, Mr. Donat resorted to sending another punishing 

email to Mr. Dennis, this time also copying Mr. Dennis’ new employers on the 

message: 

“[...] In [your resignation letter], you twisted my words and cited an inaccurate 

and biased understanding of your friends’ justifiable (and perfectly legal) termination 

(leading to the ongoing prosecution of one of them for felony theft), and attempted to 

disparage me personally. You criticized our culture as well, which, as you know, has 

won us the number 2, 3, and 2 spot in the Phoenix Business Journal’s Best Places to 

Work for the past 3 years. [...] When employees abandon their job, purport to give 

notice via a disingenuous and combative email after being afforded a last minute week 

and a half vacation, and then resign on the day their bonus is paid out, I draw a line. 

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Instead I am disappointed but not surprised that you would do something so blatantly 

wrong for what might amount to a couple thousand dollars in your pocket and to make 

some final statement. This tarnishes your professional reputation and is petty. It truly 

amazes me that you are indignant about this and that you believe that we are in the 

wrong here. [...]” (8/18/2017 - THACKER00821-THACKER00829). 

In line with his already-established pattern of obsessive and self-indulgent 

behavior, Mr. Donat still could not stop himself from contacting Mr. Dennis, despite no 

efforts from Mr. Dennis to return any of his messages since resigning three weeks 

earlier. 

On August 21, 2017 Mr. Donat texted Mr. Dennis with a group selfie with his 

former coworkers and included the taunting message, “Miss you” (GPSI_00108110). 

A day after that, Mr. Donat sent Mr. Dennis another email with three separate 

pictures: Ms. Lisson in Mr. Donat’s bed, Ms. Lisson’s favorite drink (a Manhattan), and 

Mr. Donat laying in the same position on his bed to recreate the first photo. The subject 

line: “So clueless...” (8/22/2017 - GPSI_00108104). 

Finally, a week later, Mr. Donat sent his last message to Mr. Dennis, which sums 

up his flippant attitude toward people who no longer serve his personal or financial 

interests: 

“[...] You are the recent antagonist and dredger, not me. [...] I don’t like being 

blindsided or disparaged. You are a new member of #cultjeremy. Literally. [...] 

Someday you’ll wake up, hopefully. [...] If you hadn’t quit after you started a new job. 

#mybossismorallycorruptbutitriedtodefraudhimoutoutofptoandvacationifiwasluckyandh

ewasdumbenoughtopayit.imthesuperiormoralentitylolnot. I defend myself vigorously. 

Always. [...] I’m sure you’ve got your version of that which helps you get to sleep 

nightly. I respect that but also frankly don’t give a shit” (8/29/2017 - GPSI_00108105). 

And that’s the crux of the issues at hand: Mr. Donat uses the ego defense of 

displacement in which “uncomfortable feelings such as anger, frustration, envy, and 

guilt are displaced and projected onto another, often more vulnerable, person or group. 

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The scapegoated target is then persecuted, providing the person doing the scapegoating 

not only with a conduit for his uncomfortable feelings, but also with pleasurable 

feelings of piety and self-righteous indignation.” (Neel Burton M.D., 2013). 

In summary, all of Mr. Donat’s attacks on Mr. Thacker’s character (his alleged 

child abandonment, his alleged conflict with his former roommate, his alleged drug use, 

his alleged STDs and past sexual conquests, his alleged “trail of bodies in his wake,” his 

alleged theft, and his alleged poor sales performance) is just another example of Mr. 

Donat throwing smokescreens to hide his own underlying motive for impeding Mr. 

Thacker’s success. He continues to search for reasons to justify Mr. Thacker’s 

termination (after the fact) and openly admitted Mr. Thacker’s sales performance was 

never the issue: 

“[...] There are 20 non negotiable iron-clad reasons we finally after 3 years 

pulled your plug before it got worse and worse and worse. And we are looking 

for/finding:docuMenting more. Just go out and work your magic for soMe other 

company and succeed like you clearly can. [...] I love the money you bring in. But not 

the constant bitching about you I hear and morale issues. Money isn't worth it. Sorry. 

It's done. Move on. Good luck with the suit. I suggest you keep your money as I will 

defend it trivially; using LCRA residuals. Nothing we have let you go over is a 

protected category. Stop being a baby and just go out and get a job. [...]” (3/9/2017 - 

THACKER00924). 

And when all else fails, Mr. Donat relies on his endless supply of financial 

resources and complicit inner circle to ensure that his transgressions are continually 

overlooked and kept hidden from his next unsuspecting target: 

“I think we are done finally and KL will go away quietly. Sorry for the problems 

gents. I will make it up to you and all those affected (minus JT). Keep this utterly 

confidential” (3/24/2017 - GPSI_00108133). 

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F. GPSI’S SALES POLICY 

GPSI, like any company, seeks new business. For that reason, GPSI includes 

language in its sales polices defining “new business as AMRR (revenue) on transactions 

where the customer age is less than 365 days.” GPSI’s sales awards are all predicated on 

“new business.” To “encourage healthy competition and to facilitate a rewarding work 

experience,” GPSI pays bonuses for Salesperson of the Month, Quarter, and Year for 

each division. In each salesperson’s annual Commission Plan, GPSI offers incentives of 

$17,000 per year. GPSI’s Sales Policy states that its objective is “treating all of the sales 

staff fairly.” 

Unfortunately, an analysis of sales data recently disclosed by Defendants has 

revealed inconsistencies between the written Sales Policy and how success was actually 

measured. While the Sales Policy clearly states that only “new business” is counted 

toward quota and sales awards, GPSI has been giving a select few salespeople quota 

credit and commissions for customers who are over 5 years old, while the remainder of 

the non-select salespeople are held to a different standard, based on new business only 

for the prior year. 

A review of sales records shows the company’s top salesperson’s business from 

2016 to March 2017 is almost entirely made up of “old” business, while Plaintiff closed 

all new business. When the Sales Policy is applied to the sales data provided by 

Defendants, it is evident that Jeremy is not a “substandard” performer. Instead, he 

doubled the production of his next closest comparator in 2016 and 2017. 

The damage to Jeremy is real. If only new business were considered, as the 

policy requires, Jeremy would have received $5,000 for Salesperson of the Year in 

2016, plus additional bonuses during 2016. In 2017, Jeremy would have won 

Salesperson of the Quarter in Q1 based on the revenue he generated prior to his 

termination. In addition to the $1,500 for that award, Jeremy’s production shows he 

would have won several additional awards, including Salesperson of the Year. In total 

for 2016 and 2017, Jeremy likely lost over $15,000 in these types of bonuses alone. 

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In terms of soft costs with real costs impact, he would have received the respect 

and recognition that goes with being the top sales agent. He would have been paid 

consistent with the $300,000+ salary and commissions that he knows the “top” sales 

agents were paid. 

Due to the delayed production of the sales data by Defendants, Plaintiff has not 

been able to fully analyze the data to determine all damages. Plaintiff, however, has put 

together some preliminary graphs and charts to demonstrate his success and damages. 

These charts represent the most accurate observations that Plaintiff could make based on 

the limited amount of time between the Defendants’ delayed production and the 

deadline for final supplementation of disclosures. 

2. Legal Theory 

As Mr. Thacker’s employer, GPSI is liable for illegal discrimination and/or 

retaliation under Title VII of the Civil Rights Act of 1964 because GPSI’s adverse 

employment actions were motivated by Mr. Thacker’s association with Ms. Lisson—the 

subject of Mr. Donat’s sexual obsession and harassment including quid pro quo 

behavior—and/or by Ms. Lisson’s and Mr. Thacker’s objections and Ms. Lisson’s 

refusal to be subjected to the ongoing sexual harassment by Mr. Donat. See 42 U.S.C. § 

2000e-3(a) (prohibiting retaliation for opposing illegal discrimination under Title VII); 

Thompson v. N. Am. Stainless, LP, 562 U.S. 170, 178 (2011) (approving retaliation 

claim based on harming person closely connected to employee engaging in protected 

activity); Holcomb v. Iona College, 521 F.3d 130, 139 (2nd Cir. 2008) (approving of 

associational discrimination claim under Title VII). 

Here, it is apparent that even if Mr. Mortenson and/or Mr. Walker made the 

adverse employment decisions free from any illegal motive, the illegal discriminatory or 

retaliatory interference of Mr. Donat caused them and GPSI to engage in the material, 

adverse employment actions including: refusing to compensate Mr. Thacker for the 

Amerisure deal in the same manner that others have been compensated under similar 

circumstances; giving Mr. Thacker a significantly smaller profit-sharing bonus than 

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Under common law, GPSI and Mr. Donat will likewise be liable for the same 

conduct under a claim of invasion of privacy. See Hart v. Seven Resorts Inc., 190 Ariz. 

272, 279, 947 P.2d 846, 853 (App. 1997) (“One who intentionally intrudes, physically 

or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, 

is subject to liability to the other for invasion of his privacy, if the intrusion would be 

highly offensive to a reasonable person”, quoting Restatement (2d) of Torts § 652B). 

Such claim may be based on any form of improper investigation or examination into 

another’s private concerns “as by opening his private and personal mail, searching his 

safe or his wallet, [or] examining his private bank account.” Id. (quoting Restatement § 

652B, cmt. b). Under this common law invasion of privacy claim, GPSI and/or Mr. 

Donat will be liable for all damages caused by the invasion and subsequent disclosure 

and misuse of the personal information obtained, as well as punitive damages. 

V. COMPUTATION OF EACH CATEGORY OF DAMAGES CLAIMED BY 

PLAINTIFF WITH A DESCRIPTION OF THE DOCUMENTS OR 

OTHER EVIDENCE ON WHICH THE COMPUTATIONS ARE BASED 

Mr. Thacker discloses the following computation of damages claimed. The 

computations are based on the limited information currently available to Mr. Thacker 

and may be supplemented or amended upon receipt of further information: 

A. Counts One/Two (Title VII Violations/Intentional Interference) 

1. Economic Loss:

Mr. Thacker has disclosed an Excel spreadsheet containing a formula and 

methodology for calculating his lost wages and future lost wages. He has also disclosed 

four printouts of that spreadsheet (Scenario # 1, 2, 3, and 4) showing what he contends 

are four reasonable estimates of his lost wages and future lost wages. 1 These four

Scenarios are conservative because they do not take into account Mr. Thacker’s 

opportunities for winning monthly, quarterly, and annual sales bonuses. The Scenarios 

 

1 These lost wage calculations are estimates based on the information that is currently 

available to Mr. Thacker. 

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also do not take into account any award of stocks or other form of compensation paid to 

any GPSI employees as a result of the recent acquisition by Sagemount. 

2. Compensatory Damages including but not limited to emotional 

distress, pain and suffering, and harm to reputation: an amount to 

be determined by the jury; 

3. Punitive Damages: amount to be determined by a jury. 

Counts Three (Defamation/Defamation Per Se) 

1. Economic loss: Mr. Thacker seeks lost wages and future lost 

wages, as outlined above. 

2. Compensatory Damages including but not limited to harm to 

reputation: amount to be determined by the jury; 

3. Punitive Damages: amount to be determined by the jury; 

Count Four (False Light Invasion of Privacy) 

4. Economic loss: Mr. Thacker seeks lost wages and future lost 

wages, as outlined above. 

5. Compensatory Damages including but not limited to emotional 

distress, and pain and suffering: amount to be determined by the 

jury; 

6. Punitive Damages: amount to be determined by the jury;

Count Five (Violation of Fair Credit Reporting Act) 

7. Compensatory Damages including but not limited to emotional 

distress, and pain and suffering: amount to be determined by the jury; 

8. Punitive Damages: amount to be determined by the jury; 

B. Count Six (Intrusion Upon Seclusion Invasion of Privacy) 

1. Compensatory Damages including but not limited to emotional 

distress, pain and suffering: amount to be determined by the jury; 

2. Punitive Damages: amount to be determined by the jury; 

C. Other Remedies 

1. Prejudgment and Post-judgment Interest: amount to be determined by the Court after trial; 

2. Attorneys’ Fees: amount to be determined by the Court after trial; 

3. Costs: amount to be determined by the Court after trial. 

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Although Mr. Thacker has not determined all evidence he intends to rely on at 

this early stage of the case, he will rely on his own testimony, the testimony of others 

identified above as having information related to compensation or bonuses, 

documentation related to the Amerisure deal and compensation paid to others 

under similar circumstances, documentation related to the profit-sharing bonus 

received by Mr. Thacker and others as well as documentation of Mr. Thacker and others 

relative seniority and productivity, and documentation related to Mr. Thacker’s base 

salary, profit-sharing bonus, commissions, and benefits. 

Any Insurance or Other Agreement Under Which an Insurance Business or Other 

Person or Entity May be Liable to Satisfy a Possible Judgment or Indemnify or 

Reimburse a Party for Payments Made to Satisfy a Judgment 

Mr. Thacker is unaware of any such agreements. 

DATED this 15th day of October, 2018. 

Jaburg & Wilk, P.C. 

/s/ Jeffrey A. Silence 

Kraig J. Marton 

Jeffrey A. Silence 

Laura Rogal 

3200 N. Central Avenue, 20th Floor 

Phoenix, AZ 85012 

Attorneys for Plaintiff Thacker

Certificate of Service 

ORIGINAL of the foregoing emailed

this 15th day of October, 2018 to: 

Carrie M. Francis 

Stefan M. Palys 

Michael A. Vincent 

Stinson Leonard Street, LLP 

1850 North Central Avenue, Suite 2100 

Phoenix, Arizona 85004-4584 

Carrie.francis@stinson.com

Stefan.palys@stinson.com

Michael.vincent@stinson.com Attorneys for Defendants GPS Insight, LLC 

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Timothy B. O’Connor 

Schneider & Onofry, PC 

365 East Coronado Road 

Phoenix, Arizona 85004 

toconnor@soarizonalaw.com Attorneys for Defendant Donat 

/s/ Kim Rogers 

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A. VERIFICATION 

I, Jeremy Thacker, declare: 

1. I am the Plaintiff in the matter of Jeremy Thacker v. GPS Insight, LLC and 

Robert Donat United States District Court Case No. 2:18-cv-00063-DJH. 

2 I have read the foregoing Plaintiff's Seventh Supplemental Disclosure Statement 

and know the contents thereof, and the same is true to the best of my knowledge, 

except as to those matters therein stated upon information and belief, and as to 

those matters I believe them to be true. 

I declare under penalty of perjury that the foregoing is true and correct. 

DATED thisl.5._ day of October 

20071-20071-00001\IXS\KM R\3278716.1 
EXHIBIT CA 
CORE/3505308.0002/142243378.1 

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Carrie M. Francis (020453)

Stefan M. Palys (024752) 

Michael Vincent (029864)

STINSON LEONARD STREET LLP

1850 North Central Avenue, Suite 2100 

Phoenix, Arizona 85004-4584 

Tel: (602) 279-1600 

Fax: (602) 240-6925 

Email: carrie.francis@stinson.com

stefan.palys@stinson.com

michael.vincent@stinson.com

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Jeremy Thacker, No. 2:18-cv-00063-PHX-DJH

DEFENDANTS’ TWELFTH 

SUPPLEMENTAL DISCLOSURE 

STATEMENT 

Plaintiff,

v.

GPS Insight, LLC; Robert J. Donat, 

Individually and as Trustee of The 

Robert Donat Living Trust Dated April 

19, 2017; 

Defendants.

Defendants hereby make their twelfth supplemental disclosures under Federal 

Rule of Civil Procedure 26(e) and the Court’s General Order 17-08. Additions are in 

bold and italicized.

I. State the names and, if known, the addresses and telephone number of all 

persons who you believe are likely to have discoverable information relevant 

to any party’s claims or defenses, and provide a fair description of the 

nature of the information each such person is believed to possess. The 

following witnesses may also be called at trial:

1. Jeremy Thacker 

c/o Plaintiff’s counsel 

Mr. Thacker has knowledge of his job responsibilities, duties, and performance at 

GPS Insight, LLC (“GPSI”), including his sales performance and work on the 

Amerisure deal. He also has knowledge of his relationships, both personal and 
2 

CORE/3505308.0002/142243378.1 

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professional, with other GPSI employees including Kristin Lisson, Robert Donat, Tyler 

Mortensen, and Jason Walker, among others. Mr. Thacker has knowledge of his postGPSI employment history and also of other facts that allegedly support his claims 

against Defendants. Mr. Thacker also has recordings of various meetings with GPSI 

employees, and that he has knowledge of his intentional destruction of evidence 

relevant to this case. 

Mr. Thacker has knowledge of various issues bearing on his character. For 

example, that he had dated or tried to date numerous women at GPSI; and that he had a 

disk containing nude images of his prior girlfriends that he would share with others. 

Mr. Thacker has knowledge of his prior theft of funds from GPSI through misuse of a 

company credit card as well as his running up of another $4,500-$5,000 in improper 

company credit card expenses just prior to his termination. Mr. Thacker has knowledge 

of an instance in which he sought to have GPSI adjust the timing of his compensation so 

that he could report a lower salary amount to a court handling a request to modify his 

child support payment, upon the request of his parents who had adopted his children and 

were taking care of them. In other words, Mr. Thacker has knowledge of an incident in 

which he wanted GPSI to help him mislead a court so that he would not have to provide 

more support to his parents and children. Mr. Thacker also has knowledge of how he 

got Ms. Lisson to start using ecstasy, when she is a single mother of two small children, 

who had not previously used drugs. Mr. Thacker also has knowledge of charges to 

GPSI for fraudulent business expenses for times when he stayed at a fake AirBnB he 

created with a friend, from which he received income personally. Mr. Thacker also 

has knowledge of using the GPSI company credit card to pay for a plane ticket for a 

work friend to take him on a personal trip for his birthday. Mr. Thacker also has 

knowledge of falsification of his application and resume when hired by GPSI as to his 

college attendance. Mr. Thacker also has knowledge of issues discussed in his 

deposition taken on August 21, 2018, the deposition of Ms. Lisson taken on 
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August 14, 2018, and the depositions of GPSI management/employees taken on 

August 22-24, 29, and to be taken on September 5, 2018. 

2. Robert Donat 

c/o Defense counsel 

Mr. Donat is the founder of GPSI. He has knowledge of the general operations of 

GPSI and its structure and clients. He has knowledge of his relationships both personal 

and professional with Ms. Lisson, his limited role in overseeing Mr. Thacker, GPSI’s 

sales and compensation for its sales employees (including Mr. Thacker), and of facts 

relating to the specific statements and actions that he is alleged in the Complaint to have 

made, and the bases for them. He also has some knowledge regarding the employment 

and termination and resignation of some GPSI employees, including but not limited to 

Mr. Dennis, Mr. Thacker, and Ms. Lisson. Mr. Donat also has knowledge of issues 

discussed in Mr. Thacker's deposition taken on August 21, 2018, the deposition of 

Ms. Lisson taken on August 14, 2018, and the depositions of GPSI 

management/employees taken on August 22-24, 29, and to be taken on September 5, 

2018. 

3. Kristin Lisson

4520 North 2nd Avenue 

Phoenix, AZ 85013 

(602) 315-3843 

Ms. Lisson has information regarding her personal and professional relationships 

with both Mr. Donat and Mr. Thacker, her employment with GPSI, communications 

between herself, her supervisor Jason Walker, Mr. Donat, and Mr. Thacker on topics 

relating to her and Mr. Thacker’s job performance, and personal communications 

between herself and Mr. Donat or Mr. Thacker concerning their relationships, roles in 

GPSI, and the alleged defamatory statements. Ms. Lisson has knowledge of the fact that 

she did not disclose her consensual relationship with Mr. Donat to anyone at GPSI until 

after Mr. Thacker was terminated. She also has information regarding communications 
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amongst herself, Mr. Thacker, and Mr. Dennis concerning Mr. Donat. Defendants 

believe that Ms. Lisson has knowledge of Mr. Thacker’s surreptitious recording of 

meetings with GPSI employees, and his intentional destruction of evidence relating to 

this case. Ms. Lisson also has knowledge of her production of texts and emails to Mr. 

Thacker to help him prepare this lawsuit, in violation of her severance agreement with 

GPSI. Ms. Lisson also has knowledge surrounding the conspiracy between her, Mr. 

Thacker and Mr. Dennis to fabricate legal claims surrounding their separations from 

employment with GPSI, including but not limited to her "perpetuating of the lie," to 

upset Mr. Donat into thinking she had been hacked or injured so that he would react 

in a way she could claim was harassing, and that Mr. Thacker was dangerous. Ms. 

Lisson also has knowledge of issues discussed in Mr. Thacker's deposition taken on 

August 21, 2018, the deposition of herself taken on August 14, 2018, and the 

depositions of GPSI management/employees taken on August 22-24, 29, and to be 

taken on September 5, 2018. 

4. Elliot Batcheller

c/o Defense counsel

Mr. Batcheller is GPSI’s vice president of operations, and has information 

regarding GPSI’s operations, the circumstances surrounding Mr. Thacker’s theft from 

the company and the resolution of that issue, Mr. Thacker’s character and performance, 

the circumstances surrounding the hiring of Ms. Lisson, and the termination of Mr. 

Thacker. Mr. Batcheller also has knowledge of issues discussed in Mr. Thacker's 

deposition taken on August 21, 2018, the deposition of Ms. Lisson taken on 

August 14, 2018, and the depositions of GPSI management/employees taken on 

August 22-24, 29, and to be taken on September 5, 2018.

5. Jason Walker

c/o Defense counsel

Mr. Walker was Ms. Lisson’s direct supervisor and was, at times, Mr. Thacker’s 
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supervisor. He has knowledge regarding Ms. Lisson’s work history, various comments 

made by Ms. Lisson and others concerning Ms. Lisson’s personal relationships with Mr. 

Thacker and Mr. Donat, the circumstances of the meeting between Mr. Thacker, Mr. 

Mortenson, and Mr. Walker discussing various employment issues and the calculation 

of compensation on the Amerisure deal, including how that compensation compared to 

others’ compensation; and Mr. Thacker’s attendance problems. Mr. Walker has 

knowledge of a meeting around the time of Mr. Thacker’s transfer to the government 

sales team in which Mr. Thacker was told that it was his last chance before being 

terminated. Mr. Walker also has knowledge of the meeting in which Mr. Walker and 

Mr. Mortenson terminated Mr. Thacker’s employment, and the reasons for his 

termination. Mr. Walker was also the original supervisor who hired Mr. Thacker, and 

has knowledge of Mr. Thacker’s work ethic and absenteeism, and a prior instance in 

which Mr. Walker had wanted to terminate Mr. Thacker over Mr. Thacker’s theft from 

the company through misuse of a company credit card. Mr. Walker also has knowledge 

of Mr. Thacker’s attempt to get the company’s help to adjust his income to mislead a 

court so that it would award less child support to Mr. Thacker’s parents, who had 

adopted Mr. Thacker’s children. Mr. Walker also has information about the timing of 

his learning of a prior relationship between Mr. Donat and Ms. Lisson – specifically that 

he learned this after Mr. Thacker’s termination. Mr. Walker has knowledge of a phone 

call Mr. Thacker recorded to a Hyatt support line made during business hours. Mr. 

Walker has knowledge and will testify that had GPSI known of the after acquired 

evidence described below that it would have terminated Mr. Thacker's employment. 

Mr. Walker also has knowledge of issues discussed in Mr. Thacker's deposition taken 

on August 21, 2018, the deposition of Ms. Lisson taken on August 14, 2018, and the 

depositions of GPSI management/employees taken on August 22-24, 29, and to be 

taken on September 5, 2018.
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6. Tyler Mortenson

c/o Defense counsel

Mr. Mortenson was, at times, Mr. Thacker’s direct supervisor. He has knowledge 

regarding Mr. Thacker’s work and performance history, the details of and the challenges 

with calculation of compensation for the Amerisure deal, and how that compensation 

related to that given to others. Mr. Mortenson has knowledge of the reason he did not 

more quickly approach Mr. Donat concerning Mr. Thacker’s compensation request 

regarding Amerisure – namely, Mr. Thacker was asking for special treatment/a favor in 

terms of his compensation request, and it did not seem appropriate to broach that issue 

at the same time there were concerns about his performance at work. Mr. Mortenson 

also has knowledge about the meetings between himself, Mr. Walker, and Mr. Thacker 

regarding performance issues and issues relating to Mr. Donat and Ms. Lisson, the 

reasons for and events leading up to Mr. Thacker’s termination, and the termination 

meeting with Mr. Thacker. He also has knowledge of Mr. Thacker’s financial problems 

and misuse of the GPSI corporate credit card for personal expenses. Mr. Mortenson 

also has knowledge of Mr. Thacker’s attempt to get the company’s help to adjust his 

income to mislead a court so that it would award less child support to Mr. Thacker’s 

parents, who had adopted Mr. Thacker’s children. Mr. Mortenson has knowledge of a 

meeting around the time of Mr. Thacker’s transfer to the government sales team in 

which he was told it was his last chance at the company. Mr. Mortenson also has 

information about the timing of his learning of a prior relationship between Mr. Donat 

and Ms. Lisson – specifically that he learned this after Mr. Thacker’s termination. Mr. 

Mortenson also has knowledge of the Hyatt call referenced above. Mr. Mortenson also 

has knowledge of issues discussed in Mr. Thacker's deposition taken on August 21, 

2018, the deposition of Ms. Lisson taken on August 14, 2018, and the depositions of 

GPSI management/employees taken on August 22-24, 29, and to be taken on 

September 5, 2018.
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7. James Adamthwaite 

c/o Defense Counsel 

Mr. Adamthwaite was a coworker of Mr. Walker and may have copies of e-mails 

between Ms. Lisson and Mr. Thacker that are relevant to this case. He may also have 

knowledge regarding the character of Mr. Thacker. He has knowledge of a round-trip 

airline ticket purchased for him by Mr. Thacker as a gift, which Mr. Thacker paid for 

using the GPS Insight company credit card. 

8. Robert Dennis 

Robert Dennis 

18220 North 68th Street, Apt. 169 

Phoenix, AZ 85054 

Mr. Dennis worked at GPSI in digital marketing and was a friend of Ms. Lisson 

and Mr. Thacker. Ms. Lisson confided in Mr. Dennis about her work at GPSI and 

eventually limited details about her personal relationships with Mr. Donat and Mr. 

Thacker. Mr. Dennis quit GPSI shortly after Ms. Lisson and Mr. Thacker were 

terminated. Mr. Dennis may have information, including e-mails and text messages, 

concerning the personal relationships between Ms. Lisson, Mr. Thacker, and Mr. Donat. 

Mr. Dennis may also have dated Ms. Lisson and may have information about how Ms. 

Lisson felt concerning certain events involving Mr. Thacker and Mr. Donat, and of Mr. 

Thacker’s animosity towards Mr. Donat. Mr. Dennis also has knowledge about the 

circumstances of his departure from GPSI and of his animosity toward Mr. Donat/GPSI. 

9. Lance Holt 

c/o Defense counsel 

Mr. Holt is Mr. Thacker’s former roommate and coworker at GPSI. He has 

knowledge of Mr. Thacker’s character, including Mr. Thacker’s actions taken regarding 

their joint lease. 

10. Carrie (Sims) Race 

c/o Defense Counsel 
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Ms. Race is an employee at GPSI. She has knowledge of Mr. Thacker’s character 

and behavior towards GPSI employees while at work, including his abusiveness towards 

her. Ms. Race also has knowledge of issues discussed in her deposition on August 29, 

2018.

11. Mike MacComiskey 

c/o Defense Counsel 

Mr. MacComiskey is an employee at GPSI. He has knowledge of an instance in 

January or February 2017 where Mr. Thacker told him that Mr. Thacker knew he (Mr. 

Thacker) was going to get fired. 

12. Wayne Holder 

c/o Defense counsel 

Mr. Holder is the controller at GPSI. He has knowledge of Mr. Thacker’s misuse 

of the company credit card and a conversation between himself and Mr. Mortenson 

discussing Mr. Thacker’s credit card embezzlement. 

13. Phil Eatman 

c/o Defense counsel 

Mr. Eatman was Mr. Thacker’s former manager and has knowledge of Mr. 

Thacker’s personality, job performance issues, and the facts surrounding Mr. Thacker’s 

misuse of the company credit card. 

14. Elizabeth Hajec 

Address unknown 

Ms. Hajec is Mr. Thacker's ex-girlfriend and will testify at trial regarding the 

timing and nature of her relationship with Mr. Thacker, to provide impeachment 

evidence to counter false statements Mr. Thacker made in his deposition. 

15. Danielle Russell 

Address unknown 

Ms. Russell had a sexual relationship with Mr. Thacker in December 2016 and 
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will testify at trial regarding the timing and nature of that relationship, to provide 

impeachment evidence to counter false statements Mr. Thacker made in his deposition. 

16. Alissa Hogan 

Address unknown 

Ms. Hogan was a GPSI employee who Mr. Thacker inappropriately touched 

while working at GPSI; she denies ever being touched on the "butt" by Mr. Donat as 

alleged by Plaintiff. She will testify at trial to provide impeachment evidence to counter 

false statements Mr. Thacker made in his deposition. 

II. State the names and, if known, the addresses and telephone numbers of all 

persons who you believe have given written or recorded statements relevant 

to any party’s claims or defenses. Unless you assert a privilege or work 

product protection against disclosure under applicable law, attach a copy of 

each such statement if it is in your possession, custody, or control. If not in 

your possession, custody, or control, state the name and, if known, the 

address and telephone number of each person who you believe has custody 

of a copy.

Defendants believe that Ms. Lisson and Mr. Thacker both gave written and/or 

recorded statements in conjunction with their applications for unemployment benefits; 

and both have produced various surreptitious recordings made of other GPSI 

employees.

III. List the documents, electronically stored information (“ESI”), tangible 

things, land, or other property known by you to exist, expected to be used as 

Trial Exhibits, whether or not in your possession, custody or control, that 

you believe may be relevant to any party’s claims or defenses. To the extent 

the volume of any such materials makes listing them individually 

impracticable, you may group similar documents or ESI into categories and 

describe the specific categories with particularity. Include in your response 

the names and, if known, the addresses and telephone numbers of the 

custodians of the documents, ESI, or tangible things, land, or other property 

that are not in your possession, custody, or control. 

Defendants possess the following categories of documents believed to be 

relevant to the claims and defenses: 

- Communications stored on GPSI computer systems. 

- Documents that reference or are otherwise about Mr. Thacker. 
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- Documents that reference the Amerisure deal. 

In conjunction with the text messages already produced in this case, Defendants 

identify the following phone numbers referenced in those texts so that Plaintiff can 

more readily read those messages: 

Kristin Lisson: 602-315-3843 

Robert Donat – 602-677-8000 

Jeremy Thacker – 480-745-4063 and 469-855-3464 

Elliot Batcheller – 602-790-7680 

Jason Walker – 480-236-2434 

Tyler Mortensen – 480-285-4326 

Robert Dennis – 480-444-8192 

Defendants are producing documents bearing Bates numbers GPSI_00109633 

- GPSI_00109673. 

IV. For each of your claims or defenses, state the facts relevant to it and the 

legal theories upon which it is based.

1. Title VII retaliation claim. 

Mr. Thacker’s termination was not for a protected reason, i.e. it was not because 

of any reporting of sexual harassment of Ms. Lisson. Mr. Thacker was simply a 

substandard and disruptive employee, and the witnesses disclosed above will testify to 

the following facts: 

Mr. Thacker had previously embezzled money from GPSI through misuse of the 

corporate credit card. In December 2015, Mr. Walker and Mr. Mortenson wanted to 

terminate Mr. Thacker because of this fraud but were stopped by Messrs. Batcheller and 

Donat, who wanted to give Mr. Thacker another chance. However, Mr. Thacker soon 

blew his second chance. 

Mr. Thacker had frequent behavioral issues at work, including being caustic and 

abrasive with employees. He was difficult to deal with and was notorious for leaving a 
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“trail of bodies” in his wake. Other coworkers did not like him and he made their jobs 

harder. Mr. Thacker was also frequently absent while having substandard sales 

performance. He was caught lying to GPSI about his whereabouts because of the GPS 

tracker in his car, which showed he was not at work as claimed. 

GPSI attempted to help Mr. Thacker be a successful employee by moving him to 

government sales. In the process of moving Mr. Thacker to that team, GPSI and Mr. 

Thacker agreed that they would try to reach an agreement on compensation for the 

Amerisure deal in the future, when it had progressed to a point that it could be evaluated 

and calculated. 

Ultimately, Mr. Thacker was simply too abrasive and disruptive to be kept as an 

employee, despite having some sales results in 2017. Messrs. Walker and Mortenson 

reached this conclusion over the course of several meetings with Mr. Thacker in late 

February and early March 2017. On the basis of his conduct and statements before and 

during those meetings, Messrs. Walker and Mortenson made the decision to terminate 

Mr. Thacker. At the time they made that decision, Messrs. Walker and Mortenson had 

no knowledge that Ms. Lisson had ever been in a relationship with Mr. Donat. Mr. 

Walker made the decision to terminate Mr. Thacker after a heated meeting with Mr. 

Thacker on Thursday March 2, 2017, wherein Mr. Thacker indicated he would no 

longer be a productive employee (i.e., that he would only give 30% among other issues 

discussed). This meeting was surreptitiously recorded by Mr. Thacker. That evening 

and the following morning, on Friday March 3, 2017, Mr. Mortenson spoke with Mr. 

Walker and he then concurred in Mr. Walker's termination decision. Thereafter, Mr. 

Donat was asked to determine/approve the amount of severance to be offered to Mr. 

Thacker and he provided input as to how the termination decision should be 

communicated to Mr. Thacker. 

Ms. Lisson made no complaint of sexual harassment until March 13, 2017, 

after being pushed to do so by an angry Mr. Thacker and their legal counsel. 
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Moreover, the complaint lodged only concerned text messages sent to Ms. Lisson after 

she lied to Mr. Donat about being harmed and/or hacked by Mr. Thacker. She 

concedes that all other aspects of her relationship with Mr. Donat were consensual 

and that she was a "willing participant." 

Nor is the fact that Mr. Thacker was dating Ms. Lisson sufficient to state a claim 

for retaliation under Title VII, which requires that Mr. Thacker prove that his protected 

conduct was the but-for cause of his termination. Univ. of Texas Sw. Med. Ctr. v. 

Nassar, 570 U.S. 338, 133 S. Ct. 2517, 2525 (2013). 

With respect to Mr. Thacker’s claimed damages for economic loss on his Title 

VII and intentional interference with contract claims relating to Amerisure 

compensation, the Amerisure deal was never intended to be a commissionable program 

for Mr. Thacker and Defendants never agreed to such. Instead, as was discussed prior to 

Mr. Thacker’s termination, Mr. Thacker was going to receive an earn out paid at either a 

small percentage of the total sales, or a small per unit spiff of $5-$10 per unit. Even 

assuming Mr. Thacker was entitled to $10 per unit, the current sales to date for 

Amerisure have been 1,519 units, or $15,190 in commissions. 

Mr. Thacker also failed to mitigate his damages because he unreasonably lost his 

subsequent job with Fujitsu America because of his own actions. 

Mr. Thacker’s Title VII claims and any other claim asserting that his termination 

were “wrongful” are in fact the product of Mr. Thacker’s intentional effort to get 

himself terminated in order to manufacture a claim to bring against GPSI. By 

December 2016, Mr. Thacker was already unhappy as an employee at GPSI based on 

his belief that he was not paid appropriately, among other issues. At that time, he was 

already considering leaving the company. Mr. Thacker eventually decided that, rather 

than simply leave, he would endeavor to get fired as a way to claim that his termination 

was “wrongful” and bring a claim through which he hoped to extract money he did not 

deserve from GPSI. He plotted with Kristin Lisson and Robert Dennis to accomplish 
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this goal, and they helped him both throughout 2017 and in this lawsuit in furtherance of 

his goal. By the end of February 2017, Mr. Thacker had sought advice from Mr. Kresin 

concerning a pay dispute. When Mr. Thacker succeeded in getting himself fired over 

that pay dispute, as he planned to do, Ms. Lisson then revealed to him that she had dated 

Mr. Donat. Mr. Thacker and his lawyer, David Kresin, encouraged Ms. Lisson to reveal 

her relationship with Mr. Donat to GPSI management after Mr. Thacker was terminated 

so that Mr. Thacker could take what would have been a complaint concerning his pay, 

and turn it into this “retaliation” claim. In sum, this claim is fabricated. 

2. Intentional interference with contractual relations.

Factually, this claim fails. The premise is that Mr. Donat caused Mr. Thacker’s 

termination. In fact, Messrs. Walker and Mortenson made the decision to terminate Mr. 

Thacker, based on a series of long-standing issues and meetings with Mr. Thacker in the 

days leading up to his termination. 

This claim also fails as a matter of law, even accepting the faulty factual premise. 

Intentional interference with contractual relations requires “a contract between the 

plaintiff and a third party.” Pasco Indus., Inc. v. Talco Recycling, Inc., 195 Ariz. 50, 62, 

¶ 54, 985 P.2d 535, 547 (App. 1998). There is no third party identified or alleged to 

exist in the Complaint. Any actions that Mr. Donat allegedly took to cause Mr. Thacker 

to be fired from GPSI were necessarily in Mr. Donat’s capacity as an owner and 

manager of GPSI, even if those actions served Mr. Donat’s personal interests rather than 

those of GPSI. When an interfering actor is an agent of the supposed third-party, there 

is no interference claim even if the actor is acting independently. See id. at 63, ¶ 58, 985 

P.2d at 548; see also Payne v. Pennzoil Corp., 138 Ariz. 52, 57, 672 P.2d 1322, 1327 

(App. 1983) (employees acting for company could not be interfering with contract of 

the company); Campbell v. Westdahl, 148 Ariz. 432, 438, 715 P.2d 288, 294 (App. 

1985) (party cannot intentionally interfere with its own contract). The only reason why 

Mr. Donat could have influenced Mr. Mortensen and Mr. Walker to terminate Mr. 
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Thacker was because Mr. Mortensen and Mr. Walker followed Mr. Donat’s instructions 

as the head of GPSI—not because Mr. Donat was some third party. 

3. Defamation.

Most of the statements identified in Mr. Thacker’s complaint are opinion, not 

fact, and thus cannot support a defamation claim. Statements of pure opinion are not 

actionable defamation. Glaze v. Marcus, 151 Ariz. 538, 540, 729 P.2d 342, 344 (App. 

1986). 

The other alleged statements, such as Mr. Thacker being a felon, having 

purchased toys illegally with the company credit card, having stolen, having stopped 

working prior to his termination, being the subject of an ongoing prosecution for 

felony theft and having STDs, were either never made, taken out of context, or are 

actually true. For example, Mr. Donat knew at the time of Mr. Thacker’s termination 

that Mr. Thacker had been making fewer calls at work, and that Mr. Thacker had 

previously been forced to repay GPSI for personal expenses improperly charged to the 

company credit card. 

Finally, any statements Mr. Donat made to Ms. Lisson were made for her benefit 

and are thus privileged under Restatement (Second) of Torts § 595. Mr. Thacker will be 

unable to sustain his burden to overcome this privilege. 

4. False light invasion of privacy.

Mr. Thacker cannot maintain a claim for false light invasion of privacy because a 

necessary element is that the statements be public. Reynolds v. Reynolds, 231 Ariz. 313, 

318, ¶ 13, 294 P.3d 151, 156 (App. 2013). The statements alleged in Mr. Thacker’s 

complaint were never disseminated to the public. Mere “publication” to coworkers, 

friends, or lovers is not the same as giving publicity for purposes of this tort: 

“Publicity,” as it is used in this Section, differs from “publication,” as that 

term is used in § 577 in connection with liability for defamation. 

“Publication,” in that sense, is a word of art, which includes any 

communication by the defendant to a third person. “Publicity,” on the 

other hand, means that the matter is made public, by communicating it 

to the public at large, or to so many persons that the matter must be 
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regarded as substantially certain to become one of public knowledge. 

Restatement (Second) of Torts § 652D cmt. a (emphasis added) (cited in 

Restatement (Second) of Torts § 652E, which is followed in Arizona). False light 

invasion of privacy is concerned with newspaper articles and other truly public 

publications, not limited private distribution. 

Finally, as above, the representations that Mr. Thacker claims are false are 

actually true. 

5. Fair Credit Reporting Act (“FCRA”).

Neither Mr. Donat or GPSI ever pulled a “credit report,” as that term is meant 

within the FCRA, on Mr. Thacker. 

6. Intrusion upon seclusion. 

The common-law tort of intrusion upon seclusion is concerned with intrusion 

into one’s private affairs in an improper manner. Restatement (Second) of Torts § 652B 

(1977). As above, no credit report of Mr. Thacker’s was ever obtained. Had it been, 

however, credit reports do not contain private facts—they are all either public facts or 

facts obtained from third parties with whom Mr. Thacker voluntarily chose to do 

business (such as credit card companies). Similarly, the background report at issue here 

only contained public facts. Mr. Thacker had no expectation of privacy in such facts. 

See Trundle v. Homeside Lending, Inc., 162 F. Supp. 2d 396, 401 (D. Md. 2001); Daniel 

v. W. Asset Mgmt., 14-13573, 2015 WL 2405708, at *3 (E.D. Mich. May 20, 2015).

7. Intentional Interference with Prospective Business Relations. 

Neither Mr. Donat nor GPSI interfered with any prospective business relation of 

Mr. Thacker’s, so this claim factually fails. 

8. After acquired evidence. 

The “after-acquired-evidence” doctrine permits an employer to avoid some 

liability by showing that it would have terminated an employee for wrongdoing 

discovered after a wrongful termination had the employer known of the wrongdoing 
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prior to the wrongful termination. McKennon v. Nashville Banner Publishing Co., 

513 U.S. 352, 360–62, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995); Shnidrig v. Columbia 

Mach., Inc., 80 F.3d 1406, 1412 (9th Cir.1996), cert denied, 519 U.S. 927, 117 S.Ct. 

295, 136 L.Ed.2d 214 (1996); O'Day v. McDonnel Douglas Helicopter Company, 79 

F.3d 756, 759 (9th Cir.1996). To establish this defense, GPSI must: (1) present afteracquired evidence of Plaintiff's misconduct; and (2) prove by a preponderance of the 

evidence that it would have fired Plaintiff for that misconduct. O'Day, 79 F.3d at 759.

The employer has the burden of showing that, if it had such evidence, it would have 

discharged the employee. Id. at 1072 (citing O'Day, 79 F.3d at 758–759) (9th 

Cir.1995)). If Defendants prevail on the after-acquired—evidence defense, Plaintiff's 

remedies may be limited. Rivera v. NIBCO, Inc., 364 F.3d 1057, 1070 (9th Cir.2004)

(citing McKennon at 879). After acquired evidence includes information and 

discovery in this case learned by GPSI after Plaintiff's termination that revealed 

additional wrongdoing, including but not limited to: Plaintiff's continued improper 

use of the GPSI company credit card to charge personal expenses and 

mischaracterize of business expense to defraud GPSI and for his personal gain (i.e., 

Air BnB arrangement with kickback from friend, buying airline tickets for other 

employee's birthday trip, etc.); his destruction of GPSI property; and Plaintiff's 

fabrication of his college education on his application and resume submitted to GPSI 

as part of his hiring. These facts will be established and testified to by the witnesses 

as detailed above. 

V. Provide a computation of each category of damages claimed by you, and a 

description of the documents or other evidentiary material on which it is 

based, including materials bearing on the nature and extent of the injuries 

suffered. 

When deemed the successful party, Defendants will seek to recoup their 

attorney fees and costs expended as to all eligible claims. Defendants are not 

affirmatively seeking damages. 
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VI. Specifically identify and describe any insurance or other agreement under 

which an insurance business or other person or entity may be liable to 

satisfy all or part of a possible judgment in the action or to indemnify or 

reimburse a party for payments made by the party to satisfy the judgment.

GPSI as well as Mr. Donat may have coverage under a Hartford Commercial 

General Liability Policy (Primary and Umbrella). The Hartford has indicated it will 

defend subject to a reservation of rights. Mr. Donat may have insurance coverage under 

his Allstate Indemnity Company Personal Umbrella Policy, a copy of which is being 

produced. Allstate has indicated that it will defend subject to a reservation of rights. 

Mr. Donat may also have insurance coverage under his Chubb policy. Chubb has 

indicated that it will participate in the defense subject to a reservation of rights.

RESPECTFULLY SUBMITTED this 31st day of August, 2018. 

STINSON LEONARD STREET LLP 

By: /s/ Carrie M. Francis 

Carrie M. Francis

Stefan M. Palys 

Michael Vincent

1850 North Central Avenue, Suite 2100

Phoenix, Arizona 85004-4584 

Attorneys for Defendants

Copy of the foregoing emailed 

this 31st day of August, 2018, to: 

Kraig J. Marton 

Jeffrey A. Silence 

Jaburg & Wilk, P.C. 

3200 N. Central Avenue, 20th Fl. 

Phoenix, AZ 85012 

kjm@jaburgwilk.com

jxs@jaburgwilk.com

Attorneys for Plaintiff 

Timothy B. O’Connor 

Schneider & Onofry, PC 

365 East Coronado Road 

Phoenix, Arizona 85004 

toconnor@soarizonalaw.com

Attorney for Defendant Donat 

/s/ C. Roundtree