EXHIBIT A 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 1 of 247
UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Jeremy Thacker, ) 

 ) 

 Plaintiff, ) 

 ) 

 vs. ) NO. 2:18-cv-00063-PHX-DJH 

 ) 

GPS Insight, LLC; Robert J. ) 

Donat, individually and as ) 

Trustee of the Robert Donat ) 

Living Trust Dated ) 

April 19, 2017, ) 

 ) 

 Defendants. ) 

______________________________) 

REPORTER'S TRANSCRIPTION OF DIGITAL RECORDING

AUDIO FILE NO. 1 

TRANSCRIBED BY: 

KELLY SUE OGLESBY, RPR 

Arizona CR No. 50178 

Registered Reporting Firm R1012 

PREPARED FOR: 

THE COURT 

(ORIGINAL) 

 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 2 of 247
10

how -- 

JEREMY THACKER: I'm not sure I understand.

JASON WALKER: -- how is it different, David

owned it and he closed, personally closed all the

business, so he was earning commissions, just like you are

going to earn a commission on LC, right?

JEREMY THACKER: Yeah, I understand that.

JASON WALKER: But you closed -- what you are --

what you are asking for, and if I -- quite frankly, if I

turned this to Rob, if I sent this paragraph to Rob, based

on what you did, he would be, like, no way in hell.

Because what you are saying is I called -- you closed

nothing. You got paid nothing because you closed nothing.

You --

JEREMY THACKER: That's weird, when someone says

that we are moving forward with you in that email from the

VP and then they move forward and do it.

JASON WALKER: But what did you -- so what did

you -- what David was closing were specific deals.

So what I am trying to show you is you are 

citing here, you are combining things, but I 

was willing -- 

JEREMY THACKER: I was willing to close those

deals. I mean --

JASON WALKER: Okay. So let's stay on point

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 3 of 247
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because you were killing quota or anything else. And it's

been a good thing for you. We are happy for you. That's

worth more than that whole program is ever going to be

worth.

So if you had stayed, that would have been 

hugely detrimental to you. 

JEREMY THACKER: In addition, it's a portion of.

It's not all. It's some of. Like, it doesn't mean that I

wouldn't have done anything else. I don't think I

understand how you are doing the comparison.

JASON WALKER: Well, I am comparing what you

have actually closed --

JEREMY THACKER: And this, some of this number,

is commercial deals.

JASON WALKER: It's all -- that's all

commercial.

JEREMY THACKER: No. The 2587.

JASON WALKER: That's fine, too.

JEREMY THACKER: Okay. Well, those would have

still been there, is what I'm saying.

JASON WALKER: Well, if you want to break it out

here, I'm going to work with real numbers, and you can go

back and forth with whatever crap it is that you are going

to go through right now.

And you are missing -- you know, if you continue 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 4 of 247
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down the path of demanding the payment schedules and some 

other things, you are going to end up getting probably 

nothing. The reason that I haven't gone to Rob with this 

yet -- 

JEREMY THACKER: Uh-huh.

JASON WALKER: -- is because last week when you

weren't even here, I had five different people in my

office complaining about you.

JEREMY THACKER: Okay.

JASON WALKER: If I go down there now, it's

going to be no, and the reason is because you are a bad

citizen in the company and you have caused a lot of issues

over time.

David, Joe, Josh, these guys were all treated 

differently. They have been here for nine years. And the 

reason that they have done -- that they have been 

successful is because they have contributed. 

And here is the bottom line. I have included 

you several times, and I will go through -- if you want to 

talk about being treated unfairly, I think you have been 

treated more than fairly. From your work schedule, Tyler 

and I have allowed you to do things like work from home 

whenever you want. You are not here when we get 

questioned by everybody else, including (inaudible), 

whatever. 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 5 of 247
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misconstrued, I don't -- and, you know, it may end up

being $10. But the whole attitude of your email, you are

now going to pay this on this date. I was like, look,

man, I have got to work this through Rob. I'm not

delaying this. You are causing me more pain and headache

by doing what you are doing around here, because it's

preventing me from even fucking helping you.

JEREMY THACKER: What did I do?

JASON WALKER: You pissed off Carrie. You

pissed off Ray. Rob happened to be in there. I had

Elliot ask me what was going on. James -- I don't -- do I

need to --

JEREMY THACKER: Yeah.

JASON WALKER: You are driving Tyler insane with

stuff. So you need to help us. This is a two-way street.

I feel like we have done -- we have, both of us, stuck our

necks out for you for years.

JEREMY THACKER: Okay.

JASON WALKER: And we have gladly done it,

because for some reason we have a big soft spot for you

that we wanted you to be successful.

You have got to return that by just -- we had a 

discussion at the beginning of the year. You remember 

that? We sat down and we said here is what we need from 

you. We need you to be here. We talked about some things 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 6 of 247
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something, there is a common denominator. 

JEREMY THACKER: Okay.

TYLER MORTENSEN: Our conversations have been,

look, you need to go the extra mile to try and make sure

that you are not misunderstood or that you don't come

across the wrong way.

I have never had anybody else come up as 

frequently in terms of being misunderstood or causing 

problems or complaining or pushing back or saying this 

isn't good enough. It needs to change. We should do 

this. We should do that. That didn't work out. I'm 

treated unfairly. 

Like, over time they have repetitively happen 

with you. And all I have tried to do is help guide you 

and provide ways where you can try and change that. 

Now, again, who is right and who is wrong is 

going to change in every circumstance. We don't always 

have all the information. 

JEREMY THACKER: But when we do --

TYLER MORTENSEN: Okay.

JASON WALKER: It doesn't matter.

TYLER MORTENSEN: But that -- the only thing, I

haven't heard you say "okay" once in this meeting. It's

constantly nitpicking specific things. Oh, that's not

what -- you challenge everything. You question

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 7 of 247
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the thing. These people aren't making this shit up, so -- 

JEREMY THACKER: She is making this shit up.

TYLER MORTENSEN: Let's just say that she is.

Over two -- no. I'm just saying.

JEREMY THACKER: Okay.

TYLER MORTENSEN: Let's say that she is. What I

was just saying is that there are instances where you

probably were not wrong. Nobody has ever said that you

have been wrong every single time, but --

JEREMY THACKER: When was the last instance

before that?

TYLER MORTENSEN: Let me finish.

JEREMY THACKER: Okay.

TYLER MORTENSEN: Let me finish.

What are we expected to do when Rob, Elliot or 

otherwise hear over four times in two weeks that those are 

the things that they are seeing from you. And on top of 

that, every time Rob walks by your office for a month 

straight, you are not there. 

JEREMY THACKER: I don't think Rob was -- okay.

TYLER MORTENSEN: No. I'm just saying.

JASON WALKER: You don't what? What don't you

think?

JEREMY THACKER: Nothing.

TYLER MORTENSEN: What do we say, what do we do

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 8 of 247
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when multiple other people are saying that Jeremy is being

this?

JEREMY THACKER: You look at the instance and

then you need to defend me when they are wrong, because

both of those instances are wrong. I didn't -- I did not

say --

JASON WALKER: We spend -- I spend, the two of

us have been spending almost all of our time defending

you.

JEREMY THACKER: You didn't look at it and you

just didn't defend me to me.

JASON WALKER: If Elliot comes in here and says

Barbara just had an incident with Jeremy, it's just -- I

don't even know what happened. It was this was the kind

of thing I just had to sit down with Elliot for a half an

hour and talk about what's going on with you.

JEREMY THACKER: That's unbelievable to me,

because what if it's not true? Like, that doesn't matter?

JASON WALKER: So did the thing with -- Jeremy,

it's a --

JEREMY THACKER: I understand.

JASON WALKER: It's a perception issue.

JEREMY THACKER: This month -- 

JASON WALKER: The perception issue is very

real.

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 9 of 247
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JEREMY THACKER: Two times this month, I don't

even know of any other incidents, besides James. 

JASON WALKER: James -- 

JEREMY THACKER: So James, if we are going to

talk about perception issue and James is going to be the

benchmark, then that's not a good foundation. James

bitches about everything and cries like a fucking baby all

the time. Like, that's not --

TYLER MORTENSEN: Nobody is putting you in jail

for this or punishing. Nothing has happened to you as a

result of it, other than trying to work the timing out in

a way that this can actually work for you.

JEREMY THACKER: Well -- 

TYLER MORTENSEN: But this came across as very,

like, I'm fed up, I'm not going to deal with this anymore,

you are going to do this for me now. And on the wings of

these things that are happening, it seems very intentional

and very methodical and you appear -- 

JEREMY THACKER: I am very upset about it. I am

very upset that I have been slandered when I didn't do

anything.

Like, did you -- you read the Barbara email. 

Did you think that I was -- 

TYLER MORTENSEN: All -- that -- there is two

parts to this.

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 10 of 247
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this could possibly be retaliation for that?

TYLER MORTENSEN: I never got the impression

that you didn't do that to them.

JEREMY THACKER: That I didn't what?

TYLER MORTENSEN: Ray was actually defending you

when Rob walked in. I think -- and Elliot -- 

JEREMY THACKER: Then why are we using it as

evidence in this matter?

TYLER MORTENSEN: Because it's another example.

JEREMY THACKER: Well, no. 

TYLER MORTENSEN: Elliot walked in and he said,

look, I do not want him to get in trouble. I am trying to

prevent this. I have heard this from multiple sources

over the last couple weeks. I just want to make sure he

doesn't get himself in a bad position. What's happening? 

He never came in and said this guy is causing 

all these problems, like what the hell is wrong with him. 

He was very on your side. 

JEREMY THACKER: But that's what I am being told

now.

TYLER MORTENSEN: No. I'm saying that over a

period of time, these things are happening.

JASON WALKER: You are causing problems for the

two of us constantly so that I can't get my work done or

even do something like this, is what I am trying to

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 11 of 247
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explain to you.

TYLER MORTENSEN: If -- 

JASON WALKER: It's detrimental. Regardless of

whether it's true or not, Jeremy, the truth is Tyler and I

are doing sword fighting with everyone about this.

TYLER MORTENSEN: Ray has never come across as

trying to get back at you or being intentional. In fact,

it was the opposite. He was very defensive of you.

JASON WALKER: It was Carrie who --

TYLER MORTENSEN: Carrie was throwing a bit.

JASON WALKER: Look, this has been an issue, and

he was defending you in some of it, but all I am trying to

get across to you is that the incident happened. Rob

happened, in true form, perfect timing for you, Rob was in

there, so five minutes later he is down here and I am

having to, like --

JEREMY THACKER: But I didn't do anything,

Jason.

JASON WALKER: In Carrie's --

JEREMY THACKER: I understand that. I -- that

doesn't -- okay. So if people --

JASON WALKER: When you are in the middle of --

so I think all Tyler is asking you to do, when you are in

the middle of an interaction with someone, think about

what you are doing, because if it's someone like Carrie,

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 12 of 247
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and she is -- or if she thinks she is trying to help or if

you are busy, there is a way to unhook yourself from that

so she doesn't leave that feeling the way she felt.

Something happened. I don't know if you talked 

to her about it. I talked to her about it. She has an 

impression of what went on. You need to try to change 

that. 

JEREMY THACKER: And so what about when it's an

inaccurate impression, because she is being told by Ray

that I was making a mistake that I wasn't making?

TYLER MORTENSEN: Have you talked to her about

that?

JEREMY THACKER: I did.

TYLER MORTENSEN: And?

JASON WALKER: And?

JEREMY THACKER: She is fine. We can call her

down.

TYLER MORTENSEN: So part of -- there is another

side of this. One of the things that's hard is we have to

fix your problems on a lot of these instances.

If I were in your position, I would have 

immediately gone to Carrie and said: Hey, I'm so sorry 

you misunderstood this. I was not trying to not be 

helpful, blah, blah, blah, blah, blah, and between the two 

of us I probably could have gotten her to, like, take 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 13 of 247
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haven't been fired and Ryan Hill was.

JEREMY THACKER: Okay.

TYLER MORTENSEN: Because I haven't had anybody

complain about -- that I can even recall, these are the

only conversations with individuals that I have had. Mike

Sutton, anything that he caused, like, those are the

double standards. Those are people that caused problems,

did things and repeatedly came up that are no longer here.

JEREMY THACKER: Okay.

TYLER MORTENSEN: I mean, Josh, I -- I have

limited experience --

JASON WALKER: Josh does stuff, when he used to,

but he would call me and kept it to that.

JEREMY THACKER: I have never said a negative

word to anybody, other than Tyler. That's true. 

TYLER MORTENSEN: And I have kept that to us and

I have limited that to us.

JEREMY THACKER: That's my point. I am not

criticizing, and I am not -- and the two instances that

you are bringing up right now, which are the only two that

I can even think of in the last -- since I have been on

the gov team, other than James, is these two.

TYLER MORTENSEN: And nothing would have

happened if you didn't demand this right now.

JEREMY THACKER: No. I asked for this in

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 14 of 247
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December and wasn't even spoken to about it. Just -- and

when I asked you about it in December --

TYLER MORTENSEN: Do you know why? Because it

wasn't until this year that Amerisure told us how many

vehicles they were going to do, because they had to

establish a budget for this year and it's way less than

they told us.

JEREMY THACKER: Okay.

TYLER MORTENSEN: It's only 800 more vehicles,

and they just started doing that. So Amerisure only

actually came to fruition in terms of what they were going

to do this year based on whether or not they were going to

get budget approved. All these things that they told us

have changed dramatically. They told us several thousand

vehicles -- 

JEREMY THACKER: 1100 units.

TYLER MORTENSEN: They used budget that was up

from last year.

JEREMY THACKER: I understand that.

TYLER MORTENSEN: But on this budget -- so we

needed to know, is there two or three more thousand

devices? Is it 800? All that. 

And, again, you are getting distracted and not 

focusing on the point. What I'm saying is that we 

wouldn't have kept repeating or drove this into the 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 15 of 247
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ground. We had a conversation -- 

JEREMY THACKER: You couldn't have told me that

one of the four times that I asked you guys?

TYLER MORTENSEN: Okay. We could have gone to

Rob and he would have said no.

JEREMY THACKER: No, no. You couldn't have told

me your plan?

TYLER MORTENSEN: Me and Jason have had multiple

times that we have tried to connect over it and hadn't.

We didn't have a plan.

JASON WALKER: Other -- believe it or not, there

are --

JEREMY THACKER: I do understand that, but that

was two months.

TYLER MORTENSEN: But that's the thing. Like,

how long do you think it took Josh to get something on

Will? How long -- 

JEREMY THACKER: To get paid?

TYLER MORTENSEN: No. To get a program or

different exceptions. Like, it's --

JEREMY THACKER: It's been a year and four

months then, a year and two months.

TYLER MORTENSEN: Well, Amerisure didn't close a

single deal until the end of Q3/Q4. The entire year was

spent -- that was the very first one for 12 trucks.

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 16 of 247
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JEREMY THACKER: In July.

TYLER MORTENSEN: 12 trucks in September.

JEREMY THACKER: Yeah. 

TYLER MORTENSEN: And the majority of the

several hundred devices came in Q4. I can show you how

many came in Q4.

JEREMY THACKER: I understand that.

TYLER MORTENSEN: But the entire year was

working on doing everything that you would have had to do

and wasted all your time doing to only get 6-, 700, 800

units.

JASON WALKER: And the value -- we are trying to

explain the value of the program is solidified now. It

helps the conversation that I need to have.

The reason -- and literally I wanted to get this 

done probably a week and a half ago, and then all this 

other stuff started happening. I told Tyler, I am not 

going down there telling Rob about this right now. You 

have to trust me just a little bit to know enough of when 

I want to go and talk about something like this, because I 

do believe this does have value, but the timing is just 

not right. 

I ultimately want to get a yes. I can go down 

and have the conversation and come back and say, guess 

what, he said no. I can't do anything about that. I 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 17 of 247
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don't write the check. 

JEREMY THACKER: My only issue with that is that

you didn't even read the conversation with Barbara, and

I'm in here being told that I'm being a distraction.

And --

JASON WALKER: Because I had to have a

conversation, because --

JEREMY THACKER: No. Why doesn't somebody

actually verify it, what happened? Because there is

nobody in this entire building that could read that

conversation and feel like that.

TYLER MORTENSEN: Here is the thing. If you

hadn't sent this email, Jason would have continued to work

this out, tell you what he was going to try to get you

paid on, go to Rob and get it okayed. I don't know how

soon or long that would have taken, but we wouldn't be

continually meeting about this.

We had discussions. We talked about it and I 

said, look, I don't know if you are wrong or right. Let's 

read the email. Yeah, that was probably unjustified on 

Barbara's part. You are being thrown to the wolves a 

little bit. Let's make sure that does not happen. 

The last thing either of us want is for you to 

be inaccurately accused of stuff you are not doing. And I 

will go and sit down with Barbara or call her, or sit down 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 18 of 247
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with Rob and say, look, this is unfair, but at some point 

I start to look stupid if you are not trying. When -- 

JEREMY THACKER: Not trying?

TYLER MORTENSEN: No. I'm saying when it's

accurate, I will do that every single time.

JEREMY THACKER: This is accurate.

TYLER MORTENSEN: Okay.

JASON WALKER: But, again --

TYLER MORTENSEN: But you failed to acknowledge

just the overtime piece of it.

JEREMY THACKER: Oh, okay. And I'm asking for,

in the past year, what are those times? I know when I was

called --

TYLER MORTENSEN: It is not -- you are talking

about omission in commission. What other people do is

build deposits and earn respect and trust by being here,

not causing problems, leaving late. 

Like David has worked here for ten years and he 

is in here at 8:00 o'clock every single morning. There 

are things that people earn just by doing their jobs. 

There are many -- 

JEREMY THACKER: Do you want to know why I

wasn't here at the beginning of this year?

TYLER MORTENSEN: I'm not talking about the

beginning of this year. I am talking about four years.

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JEREMY THACKER: Okay. 

TYLER MORTENSEN: You are here less than

anybody. There is nobody on the sales team that is in the

office less than you are.

JEREMY THACKER: Okay. 

TYLER MORTENSEN: Now, if you had said, hey,

Tyler, I need to be out of the office. Is it okay if I do

that?

JASON WALKER: And by the way, we defend you

daily about that. And I am not joking.

TYLER MORTENSEN: Rob asked why you weren't in

your office and what you do when you are sitting at your

computer, because it looks like you are just logging on to

Home Depot and different things all day.

So I said, no, Rob, don't worry. Like, you are 

so focused on the negative, because you don't see all the 

things that we do to defend you here. Rob, don't worry 

about it. He has got LCRI. He has got CMI. Yeah, he 

might not be here but he is always working on stuff. We 

are keeping him stuff. If Jeremy doesn't produce this 

year, then it affects me. My job is to make sure that he 

sells and that he does his job. Let me take care of that. 

You don't worry about him, and we'll take care of it. 

Like, it's constantly defending you. So these 

things are hard, because at some point -- 

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45

JASON WALKER: It's not just Rob. It's the

small business reps for a long time would say, they kind

of make jokes. It's stuff that we have to manage.

I am not saying it's right or wrong, Jeremy, but 

I don't care that you are not -- I don't give a shit that 

you are not here. If I did, I would tell you you have to 

be here every day. We don't mind, but we have to manage 

that. 

And so the way that -- what we are asking is 

that we don't have to have all this other stuff, verbal 

stuff, so if you -- whatever you could possibly do to 

check yourself, regardless of right or wrong, it doesn't 

matter. 

Like Tyler has pointed out, we are not having 

these conversations about anybody else but you. So why is 

that happening? I don't know. I'm not in your 

conversations. But when it gets to me, it's just one more 

thing that I have to deal with, and that's what we are 

trying to guard against. This is -- again, this is 

like -- 

JEREMY THACKER: I don't know how to change it.

I don't know how to change the past two -- the things that

have gone on, so --

TYLER MORTENSEN: Not the past two. Like --

JEREMY THACKER: I don't know how to deal with

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 21 of 247
47

JEREMY THACKER: When I am falsely accused, I

expect to be defended.

TYLER MORTENSEN: And I will do that.

JEREMY THACKER: Okay.

JASON WALKER: There is -- what we are talking

to you about here is feedback we are getting from

perceptions. If it's false, okay, we will take that.

JEREMY THACKER: What happens when the owner is

trashing you to people? Do you think people might feel

that way?

JASON WALKER: When what?

JEREMY THACKER: When the owner trashes you to

people in your personal life that you never even talked to

him about, do you think that that might affect the way

people see you, or give people permission to try to blame

you and make you the scapegoat?

JASON WALKER: I don't really know how to answer

that. You are talking about a specific situation, or are

you talking about you think Rob is going around telling

other people that you do bad things?

JEREMY THACKER: Yeah. Rob -- I know Rob has

told people my personal information that Rob doesn't

even -- some of it Rob knows about. Some of it, I have

never told him about, so, yeah. Do I think that Elliot

doing the same thing has an effect? Absolutely. And do I

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 22 of 247
51

response to it was like I don't know what else I can do.

Go figure it out. That's how it came across.

JEREMY THACKER: That's not how it came across.

That's not what I said.

TYLER MORTENSEN: You were wrong in that

instance, because what Carrie read is how it came across.

JEREMY THACKER: Okay.

TYLER MORTENSEN: So if that was not your

intent, our conversation was you need to go and fix that.

JEREMY THACKER: And I did.

TYLER MORTENSEN: Okay. So what's your point

then?

JEREMY THACKER: That I'm still in here.

TYLER MORTENSEN: Only because of this email.

We had one conversation about it. Did I keep reiterating

that until that came up? We talked last week and I told

you what I needed.

JEREMY THACKER: I told you I couldn't go

because of the stuff that's going on. That you couldn't

go to Rob because of it, and --

TYLER MORTENSEN: Because it came on the heels

of him wondering what you do and questioning whether or

not you were even invested in this company.

His direct quote is: Jeremy's success might be 

the worst thing, because he could sit back and rest on CMI 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 23 of 247
52

and rest on LCRA and not do anything, when somebody else 

could be here every day. 

You appear to be unhappy or frustrated or not 

excited. You are not here all the time. 

JEREMY THACKER: Why don't you ask about me

going to Chicago?

JASON WALKER: Because --

TYLER MORTENSEN: What --

JASON WALKER: What does it even matter?

TYLER MORTENSEN: This is a circular, like,

completely convoluted conversation.

JEREMY THACKER: I am saying, do you think --

JASON WALKER: Hold on. The only reason you are

here is because Rob didn't really get that upset when you

used the credit. Like, Elliot and Rob do not have --

you -- you think there is a huge B on your forehead that

they are coming after you? They are not.

JEREMY THACKER: I do not. I do not think that.

TYLER MORTENSEN: But then why --

JASON WALKER: Well, how about Jeremy? Is

Jeremy getting moved to Chicago? Because Rob meddles in

everything. He is the fucking owner of the company.

That's what he does. He is not going to stop. He comes

in here and he asks me about Tyler. He asks me about

everybody's business.

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 24 of 247
53

JEREMY THACKER: Okay.

JASON WALKER: Why? I don't know.

TYLER MORTENSEN: All I was saying -- what was I

saying? The -- I want to get back to that, though, the --

what was I even saying? Rob, why did he ask you --

JEREMY THACKER: And that's believable to me, by

the way. Can we talk about that?

TYLER MORTENSEN: But I want to finish my point,

if I can remember what I was saying. 

JEREMY THACKER: You were saying about the

value, that I rest on my laurels. That my success is my

own problem.

TYLER MORTENSEN: No. Okay. He -- there are

two options. We can keep you in this position and you are

not here, you leave early, you are very rarely here.

Somebody else could be here 8:00 to 5:00, 9:00 to 5:00,

constantly working, closing the deals that you are doing,

and/or could probably close more. 

And it appears on the surface, with all things 

that you can judge by walking by, in his view that you are 

kind of half (inaudible) it or just doing the minimum. 

And over time, that's hard to defend over and over, when 

every single day he walks by and you are not there. 

10:00 o'clock in the morning, and you are not there. 

It -- there are only so many times when we can defend you 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 25 of 247
54

and say, oh, Rob, just trust me. 

Until this year, the numbers have been mediocre 

at best. To say, look, it's worth it, Rob. He is killing 

it. He is nailing quota. He is selling like crazy. I 

know he is not here, but he gets stuff done. This is the 

year that you could actually blow things out. We are 

trying to prevent that from happening. 

And all I'm saying is he is looking at that and 

saying, yeah, he has got two deals, but what would 

somebody else in his position do if they're here every 

day? 

Rob has never said that you can stop working 

because you close deals. 

JEREMY THACKER: I haven't stopped working. 

TYLER MORTENSEN: I'm not saying that. You just

keep interjecting and arguing.

Josh is in the office nearly every day and he 

has sold however thousand devices every year. It's 

because he wants to. He gives the impression and the 

appearance that he comes in and he is motivated for all 

the right reasons and he is working every single day. 

David is working every single day. They are in the 

office. You are not. 

All these things factor into it. If we have to 

go to Rob and say, hey, we want to give Jeremy some extra 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 26 of 247
56

JEREMY THACKER: Okay.

JASON WALKER: What I am talking about is the

relationship built on trust is a two-way street where you

have not made -- you are really good at taking

withdrawals.

JEREMY THACKER: I don't know what withdrawals

you are talking about. That's my issue. If we are

talking about the credit card, I don't know what else we

are talking about. If there are other things, then I want

to know.

JASON WALKER: What I am saying is we have given

you -- I will give you -- again, I am going to go over

them, three specific examples. 

One, the fact that we let you basically do 

whatever you want with your schedule. That is a 

concession we make for you that we don't make for anyone 

else here, and it's special treatment and it's a nice 

thing that we do and we are happy to do it. 

JEREMY THACKER: Okay.

JASON WALKER: The concession we are asking for

from you is basically to be here enough so that it's not

an issue, and you are not here.

JEREMY THACKER: Well, last year it was not an

issue, was it?

JASON WALKER: It is now and so we are telling

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 27 of 247
59

schedule. We have to talk to people and defend your 

actions all the time, because we believe that you are 

working and are working in around here, so that would be 

just one example. 

TYLER MORTENSEN: But that becomes hard if you

don't think that this is worth it or that you are getting

screwed. Like if you don't think you can be successful

here and you don't want to see the big picture and you

don't want to stay, then we should probably stop defending

you and trying.

JEREMY THACKER: I think I can. I just don't

understand, while I'm a 1700, or whatever it is, 1600

units for the year, why we are having a conversation about

whether or not I'm at the office.

TYLER MORTENSEN: Because nobody else gets that

exception, and Rob cares. It's his company. Because you

could do 3,000 units.

JASON WALKER: Josh sold 7,000 in the year, and

he is still in the office every fucking day.

JEREMY THACKER: Okay.

JASON WALKER: I'm not saying that you need to

do that. What I am saying is people notice. You are a

high-profile employee here from the standpoint of being on

the sales team. All we are asking for is that you make it

so we don't have to constantly defend you on that issue.

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 28 of 247
60

JEREMY THACKER: Okay. And I would like a

nonhostile workplace from the owner, and to be paid by my

company so I feel comfortable.

JASON WALKER: You think I am hostile to you?

TYLER MORTENSEN: Okay. He is talking about the

owner, VP.

JEREMY THACKER: Is that a fair request?

TYLER MORTENSEN: Absolutely. We -- that -- you

are getting into stuff that we probably need to discuss

separately, which is a totally different issue.

JEREMY THACKER: Well, but that isn't. It's not

a separate issue.

TYLER MORTENSEN: I'm not saying it's not. I'm

just saying right now is probably not the time to start

that conversation. I have go to an on-site presentation.

I am leaving in ten minutes. But, yes, everybody deserves

a workplace that is safe where they can work, but I want

to -- yes, of course, everybody should.

JEREMY THACKER: So if -- I don't think we had

any of this issue last year. This occurred at the end

of -- maybe starting at the end of last year, which also

coincides with other pieces of this. So I don't think

it's a fair representation of -- 

TYLER MORTENSEN: That's not true. Jason and I

had very specific conversations towards before any of the

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 29 of 247
62

BE IT KNOWN that the foregoing is a true and 

accurate transcription of an audio recording done to the 

best of my skill and ability. 

I was not present at the audio recording of 

these proceedings, and I make no representation as to the 

accuracy or completeness of the audio recording itself. 

I FURTHER CERTIFY that I am in no way related to 

any of the parties hereto nor am I in any way interested 

in the outcome hereof. 

DATED at Phoenix, Arizona, this 29th day of 

August, 2018. 

 _________________________________ 

 Kelly Sue Oglesby, RPR 

 Arizona Certified Reporter 50178 

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 Kelly Sue Oglesby

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 30 of 247
EXHIBIT B 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 31 of 247
UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Jeremy Thacker, ) 

 ) 

 Plaintiff, ) No. 2:18-cv-00063-PHX-DJH 

v. ) 

 ) 

GPS Insight, LLC; Robert J. ) 

Donat, individually and as ) 

Trustee of the Robert Donat ) 

Living Trust Dated ) 

April 19, 2017, ) 

 ) 

 Defendants. ) 

_____________________________) 

REPORTER'S TRANSCRIPT OF AUDIO RECORDING

AUDIO FILE NO. 2

Transcribed from audio recording by: 

Annette Satterlee, RPR, CRR, CRC 

Arizona CR No. 50179 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 32 of 247
2

JASON WALKER: (inaudible) -- he starts

adding things up. Jeremy, you know what I mean? And

he's like what, and he starts why is this, why is he not

there? And it's like, fuck. And, and so it, it starts

to become really hard work to just constantly defend

that. So I get that maybe that was a bad week and you

got -- you had a bunch of bad luck. But the reason

we're, we're talking about this is because I have to,

I --

JEREMY THACKER: I had the best week

ever. That's the thing about it. It wasn't a bad week.

It was a phenomenal week. And I haven't been called in

to talk about that at all. I've been called in to talk

about the admin getting upset with me.

JASON WALKER: Well, it -- believe me,

Jeremy, no one would rather have conversations with you

about your great week than me and Tyler.

JEREMY THACKER: Shit.

JASON WALKER: So now I wanted to address

this with you --

JEREMY THACKER: Yeah. 

JASON WALKER: -- because I don't want

this to bubble up. I don't want you to be frustrated.

I'm --

JEREMY THACKER: Has anyone talked to

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 33 of 247
3

Carrie and said, "you were wrong"?

JASON WALKER: I haven't circled back. I

was in fucking Vistage yesterday. I, I haven't had time.

And I'm going -- I will talk to her, and I will talk to

James, and I will talk to other people.

And, you know, James mentioned to me that you

came and did something very nice for him the other day,

and I was like, well, good. But, he was also, you know,

fucking, super bummer. And I, I get James is sensitive.

But you know that.

JEREMY THACKER: I --

JASON WALKER: So, but he's mad at you -- 

JEREMY THACKER: He's mad at you more

than he is me.

JASON WALKER: He's always mad at me.

JEREMY THACKER: Okay. So does that make

it, so is that your, like -- of course not. It didn't

make you in the wrong. And it doesn't mean that you

should get called in by Rod because James is fucking mad.

JASON WALKER: Well, no. But -- 

JEREMY THACKER: Does James rule?

JASON WALKER: -- half the time I call

James in here and I told him to fucking take his pacifier

out of his mouth.

JEREMY THACKER: Okay. So she ran to

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 34 of 247
4

somebody else that she shouldn't have fucking talked to.

I, I don't -- like if somebody is going to get in

trouble --

JASON WALKER: You didn't get in trouble.

JEREMY THACKER: I certainly did. 

JASON WALKER: We're trying to prevent,

we're trying to get you --

JEREMY THACKER: It, it's trouble,

it's -- accused of rape, you fuck one goat? You know the

old saying? And you're a goat fucker? Like every time

somebody says it and it's allowed to stand is why we're

here. Because Elliot's been able to say complete

bullshit to me. One hundred percent bullshit. And it --

in public. And it's never publicly refuted. And I don't

even know if it's refuted at all.

And, and then I'm called in and told to be the

higher standard. And that's hard to accept when you're

not making any money and the people that are doing shitty

things to you are making a lot of money.

JASON WALKER: So, the stuff you're

talking about with Elliot, I don't, I don't know about.

JEREMY THACKER: You were involved in it

last year. You know, it was right before we went to

Texas and the stuff where he, you know --

JASON WALKER: Which specific stuff?

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 35 of 247
10

it. 

JASON WALKER: I know. And that's why I

didn't do it.

JEREMY THACKER: But that's the heart --

like, so, here we are again like --

JASON WALKER: I can --

JEREMY THACKER: The company is -- 

JASON WALKER: So I can ask -- 

JEREMY THACKER: -- making tremendous

value because we do the right things. And on the

opposite side of it --

JASON WALKER: I didn't tell you I'm not

doing this for you. I am telling you I have to get it

done at the right time.

JEREMY THACKER: I understand that. But

my -- when you take that into consideration with the fact

that I'm getting in trouble for this other shit, that --

JASON WALKER: We're talking about so you

don't get -- I, I don't want this --

JEREMY THACKER: If it's made to Elli and

Rob, I'm already in -- like, who else is going to get me

in trouble? Like I'm being told I have to step things up

because of it. I mean, I -- that -- we can call it --

I'm not in big trouble, but --

JASON WALKER: What we're asking you to

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 36 of 247
11

do is be here a little bit more. That's not stepping it

up. That's just be noticeable --

JEREMY THACKER: Okay.

JASON WALKER: -- in the office. It's --

it cures a lot of shit. Okay? It's, it's -- and the --

here's -- Rob's not going to be here next week. So if

you're going to fucking not be here, next week would be a

good week.

The problem is the one fucking hour that he's

in here, you are not. And that's, that's the only basis

that he has --

JEREMY THACKER: (Inaudible) 

JASON WALKER: -- whether you're fucking

here or not.

JEREMY THACKER: I know. 

JASON WALKER: But it's, it's an

incredible amount of bad luck, but that's just how the

world works. In case you haven't figured that out yet.

Like the one time he's in fuck -- when do you think the

last time he was in fucking Ray's office? Seriously.

Probably a year ago. And he was down there just on a

whim. I mean, you got to fucking -- when he was here

telling me this -- and I am just sitting here, you got to

be fucking kidding me. 

Like when's the -- and I even said, I'm like,

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 37 of 247
12

Rob, really? Why were you even in Ray's office? He

goes, I don't know, I just stopped. I'm like Jesus

Christ. Like of all days. And I was half as mad at

Carrie about just doing -- I'm like can you not -- if

you've got a problem, can you come down to me so that it

just fucking -- that doesn't happen? I -- you know --

and it's just like fuck.

And -- so I get put into issues where we're

trying to -- it starts sounding like we're making excuses

for you, even though we're not. It just sounds fucking

stupid. And that's when Tyler and I get frustrated.

JEREMY THACKER: I get it. But no

excuses need to be made. If he's got issues, tell him to

come talk with me. Or tell him to let me go.

But I don't want to have favors done that, that

shouldn't be happening. Like I don't, I don't feel like

that running interference with Carrie or Rob about shit

that I didn't do is a favor. And then I'm owed -- then I

owe a debt for something that -- I don't -- tell him to

come talk to me. I'll deal with it. And if the end

result -- then fine. If trying to keep Rob happy is part

of my job, then fuck it. I'm out. Like, I don't care. 

I don't --

JASON WALKER: Well --

JEREMY THACKER: I don't like the man,

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and I don't want anything to do with him.

JASON WALKER: I understand that. The

problem is, is he owns the company.

JEREMY THACKER: That's fine.

JASON WALKER: That's the reality, and I

can't -- and no one is going to change that.

JEREMY THACKER: I understand that.

JASON WALKER: Uh-huh.

JEREMY THACKER: But then if he's causing

a problem -- if I'm causing a problem to him and he's

causing one to you, then so be it. But if it's based on

bullshit like --

JASON WALKER: So what we're saying is --

again, if you could be here more, that goes away. We

can, we can do --

JEREMY THACKER: I'm not here because I

don't want to see him, Jason. I don't want him coming

into my office and high-five'ing me. Like I, I -- fuck

him.

JASON WALKER: Yeah. 

JEREMY THACKER: I don't want that. And

I don't --

JASON WALKER: So -- 

JEREMY THACKER: And if that means

something, then okay.

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JASON WALKER: And that's, that's more of

just -- but to me, for you -- just put all this -- forget

everything else for a second.

That's a personal health thing, in all honesty.

And I look at it for you because that's not good for you.

JEREMY THACKER: I'm not mad. I just

don't want to lie. That's my, that's my personal health.

I don't want to look somebody in the eye and say, cool,

man. Which is what I -- and so I avoid the fuck out of

him. Because if I have to talk to him, it's not going to

end well.

JASON WALKER: Okay. It's just not a

good way to have to go to work. And, and so --

JEREMY THACKER: I agree.

JASON WALKER: -- I -- if you can, if you

can figure out a way around it, fine. I -- that's the --

the problem, the problem with that is that I can't tell

him that as a reason for you not being here. So, I have

to have others.

And you have to understand that I -- that's

just because other people are expected to be here. So if

you're not going to be here, we have to have a legitimate

reason for that. I can't use that as one of them, even

though it might be legitimate. It's not something I can

say. Because that will just be not good for (inaudible)

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JEREMY THACKER: In December?

JASON WALKER: Whenever you and I sat

here, you asked me --

JEREMY THACKER: That was December.

JASON WALKER: -- about it. 

Well, yeah. And it's just (inaudible) lot of

shit going on.

JEREMY THACKER: I know. But that --

like it's -- but -- so when it's important to the

company, it's urgent and time matters. When it's my

finances --

JASON WALKER: So you -- but I was saying

like when you -- you -- this became -- you asked about it

because you didn't get paid, I didn't, like --

JEREMY THACKER: Do you know what my

profit-sharing bonus was?

JASON WALKER: No. I don't know any -- I

don't get any information on any of that.

JEREMY THACKER: I know I can't share it

with you. But it went up by two hundred dollars. Two

hundred.

JASON WALKER: I don't even know how to

compare that --

JEREMY THACKER: Ask Evan.

JASON WALKER: Well, he's --

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 41 of 247
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shit. And I'll give -- and I gave without getting back

last year, and trusting. And I felt like I got fucked at

the end of this year. And that's, that -- and you can

say what you want, but I, I don't feel like it was given

back to me. I feel like I did give last year. Like you

gave me the opportunity and I took it, and I appreciate

it and I ran with it.

JASON WALKER: And I thought you did

great.

JEREMY THACKER: And I did, too. And

then when I needed a couple of things, I didn't get them.

Like I get -- my appreciation was a $200 profit-sharing

bonus -- 

JASON WALKER: I don't -- 

JEREMY THACKER: -- and --

JASON WALKER: That's not something that

I can -- that's not something I control. I don't do -- I

don't have anything to do with that.

JEREMY THACKER: I, I get that.

JASON WALKER: I mean that's not, that's

not -- I don't -- I don't know what Kristen gets paid; I

don't know -- it's very unusual. I've always been in

control of my own budget. I don't, I don't -- I, I --

JEREMY THACKER: I understand --

JASON WALKER: (Inaudible) 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 42 of 247
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think, literally, it would have been -- to get a check

cut --

JEREMY THACKER: It would have been

difficult.

JASON WALKER: Was -- 

JEREMY THACKER: But it was somebody

here's fault. It was their fault. Not mine. I get --

and, and nobody stood up for it. Like that's -- I

understand it would have been difficult. It was fucking

really hard for me, instead. I paid.

And that's -- like that's the part that nobody

seems to really dive into, is what we pay when, when the

company makes a mistake. When I lose a hundred units

because Chris Plosky and Elliot fuck off Cal Cartage --

or Pasadena.

It -- there's another side to it. And there's

life going on and -- like -- and it's always put off and

put off. And it's acted like it's not a big deal. Like

just wait and trust us.

And I get emails from Elliot saying it's going

to be a win-win, and we all win together. And then I get

a $200 profit-sharing bonus. U.S. Two hundred U.S.

dollars. Like -- does that not -- I just want to know

if -- like -- and I want to be here. I've tried to be

here. I'm -- and I know it's not you. I know you don't

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have control over it all.

JASON WALKER: It's -- you know, all, all

I can say is there, there are, are -- you've just listed

off more shit than I, I can even, I can -- look, almost

all the reps combined that have had, like, issues, like

all of it, and it's all happened to you.

JEREMY THACKER: Then --

JASON WALKER: And, and I, and I know

it --

JEREMY THACKER: Yeah. 

JASON WALKER: -- all happened.

JEREMY THACKER: I agree.

JASON WALKER: I don't know how that's

fucking possible.

JEREMY THACKER: I agree.

JASON WALKER: And the world is not out

to get you. Certainly, we're not. But --

JEREMY THACKER: It, it's not that I

think it's out to get me. It's that when it happens --

JASON WALKER: Well, I --

JEREMY THACKER: -- it just -- like

acknowledgment of it. And --

JASON WALKER: But, but -- so -- I mean,

like, I couldn't -- I can't acknowledge what I don't

know, for one thing. And, so, like for an example, with

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 44 of 247
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that pay thing. And Tyler -- I mean he -- I know for a

fact if he had come down here and talked to me about it,

we would have figured out something. Worst case

scenario, saying, all right, Jeremy, actually if you want

to do something, we know you're getting paid, go charge

something on the credit card and pay us back. I'm just

using that as an example as the fucking worst case

scenario if we couldn't get you a check (inaudible) fuck,

I would have written you a check.

I -- but I didn't know. And so, you know -- I

feel terrible that that happened, but I, honest to God,

didn't know. I knew, I knew that you didn't get paid,

and then you were then going to get paid on the 20th.

And based on the fact that we broke the order up -- and

then, technically, we shouldn't even have done that -- I

was like, okay, well, that's fucking better than nothing

and that's good; at least he's going to get paid on that.

And that was the way I kind of left it.

JEREMY THACKER: Yeah. And that's -- 

JASON WALKER: But I didn't know the

background.

JEREMY THACKER: I, I get that. And

that's because I'm trying -- like I don't want -- it --

that's the ironic part of it, is that I'm trying not to

be in here --

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JASON WALKER: But you could -- so here's

how you could -- let me just tell you how you could have

done something. Okay?

JEREMY THACKER: Okay.

JASON WALKER: If you had come down and

said can I talk to you, I really need to talk to you

about something's that's going on, and provided the

scenario about -- you know, the background and what was

going on, et cetera, et cetera, et cetera -- I mean, I

don't think (inaudible) important to try and get

something done for you.

JEREMY THACKER: I did tell Tyler all of

that.

JASON WALKER: I, I know you did. And

so --

JEREMY THACKER: And so --

(Indiscernible) 

JEREMY THACKER: -- when I went to you

with this --

JASON WALKER: So, but -- (inaudible) 

JEREMY THACKER: -- he got mad at me

about going around him.

JASON WALKER: But, but something that

you did -- somehow he didn't get it. Because Tyler looks

out for you as much as anybody.

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JEREMY THACKER: I know that.

JASON WALKER: Maybe more. And, so,

something didn't get communicated there effectively. And

I, I don't -- I'm not saying it's your fault. Either he

didn't hear it or you didn't say it right. Or maybe

clear. And I'm not blaming; I'm just saying something

happened. And, and there's -- there's something that's

routinely happening here that we need to clean up because

there's -- I don't want any -- no one should have that

much stuff happen to them.

JEREMY THACKER: Yeah.

JASON WALKER: And, and that's why --

JEREMY THACKER: And I will tell you, I

agree about what you said earlier that I'm doing new

shit. And I'm paving new paths.

JASON WALKER: It's just fucking painful.

JEREMY THACKER: Yeah. It is. And --

but -- when it works, I feel like there should be some

celebration of it instead of a penalty for it while

everybody else celebrates it. Like it --

JASON WALKER: Well, we are --

JEREMY THACKER: There's been --

JASON WALKER: What I was planning --

JEREMY THACKER: -- actual celebrations.

JASON WALKER: What I was planning on

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 47 of 247
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doing in the fucking sales meeting was just that for you,

next month.

JEREMY THACKER: I don't -- 

JASON WALKER: But -- 

JEREMY THACKER: Yeah.

JASON WALKER: But, you, you don't -- you

know, I know you won't like that. But that's the only --

you know, there are things in, in -- you know -- the

way --

JEREMY THACKER: No, the way -- all I

care about is just the fair comparisons. That's really

all I give a fuck about, is if I'm going to be

criticized, do it across the board and do it fairly. If

I'm asked to stand next to David, then do it fairly. I

don't want to --

JASON WALKER: I'm not comparing you to

Josh or David.

JEREMY THACKER: I know you may not be.

JASON WALKER: Well --

JEREMY THACKER: The other people with

the perception issues --

JASON WALKER: But -- 

JEREMY THACKER: -- do.

JASON WALKER: But this year, you might

beat both of them. Or -- put it this way. You're going

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 48 of 247
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to have a great year. And, and by the way, nobody

thought you had a bad year last year. I certainly

didn't, and I don't think Rob did. I really doubt --

JEREMY THACKER: Well, I don't think

that, either. But they thought the government had a --

like -- 

JASON WALKER: Well, we did. We -- but

that's not your fault.

JEREMY THACKER: I know that.

JASON WALKER: That was more my fault.

And it was, it was, it was -- and I don't really even

know it was my fault. But -- the reason it was my fault

is because the expectations were set poorly. But that

was based on shit that Mike told me. And I believed him,

and that was my mistake.

JEREMY THACKER: Agreed.

JASON WALKER: I fucked up. And that's

why I owned it up in the, in the sales meeting. It's

not -- we were putting the numbers up, and I wasn't going

to sit there and make a bunch of excuses (inaudible) now

we're going to kill it.

JEREMY THACKER: And I don't care about

the numbers. I care about the overall perception. Like

all I give a shit about is I don't want to be bothered.

I'm going to do the fucking work. If you're going to be

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 49 of 247
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fair to me, I'll do the work. I'll get it done. I'll

get it done a weird way. You probably don't -- like, I

get all that.

But at this -- like, I still feel like my

intentions are being questioned. And I've been good to

people. I've been nice to people. I've gone out of my

way to be fucking nice to people and let shit go. I've

got 37 emails in my drafts right now to send to you that

I never sent last year, ripping (indiscernible name) ass

open for (indiscernible) and Mike, and all fucking

hundred other things that happened. And I'm Abraham

Lincoln and that shit.

But, like, it's -- so I do feel like I'm giving

a -- and I feel like I'm being nitpicked on the other

side in a lot of cases. And that's hard, and that's all

I'm saying. And I'm going to do it. I'll go shut up and

I'll go do my work and I'll be here. But --

JASON WALKER: Well --

JEREMY THACKER: I just want to be

listened to when I -- and --

JASON WALKER: So, I would rather -- see,

here's the thing. You -- would you write an email --

JEREMY THACKER: I don't want it to come

to that.

JASON WALKER: What?

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 50 of 247
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JEREMY THACKER: I don't want it to come

to that.

JASON WALKER: No. But it's like, again,

in, in -- when I'm in Vist -- it's just -- the -- this

conversation is much more productive than emails.

JEREMY THACKER: It -- you know, I -- but

I -- all right. So --

JASON WALKER: I, I -- 

JEREMY THACKER: -- can you please say

that I had four conversations with you and Tyler --

JASON WALKER: I understand that. I

understand that.

JEREMY THACKER: -- and no communication

back?

JASON WALKER: But I also don't -- but

here's -- so, part of it's because I'm like, look --

well, first of all, you weren't here when I started to

deal with this. But the other thing, too, if you -- if I

tell you I'm going to do something, I'm going to do it.

It may take -- and I should -- maybe I should have told

you an update.

But the other thing, too, is like I don't, I

don't have the background that -- how urgent this was

because of your finances. Because in my head, I'm like,

well, Jeremy sold a lot of shit --

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 51 of 247
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JEREMY THACKER: It shouldn't have to be

due to my finances, though. Like when it's --

JASON WALKER: But the timing makes it

more (inaudible) I -- again, I do this in accordance to

how I think I can get the biggest win.

JEREMY THACKER: Oh, no. That, that, I'm

fine with. But like if, if just the regular payroll

stuff, when it happened --

JASON WALKER: Well, that's what I mean.

I didn't know that. So I, I -- and I'm sorry that I

didn't know that. But I, I -- and so if Tyler knew that

and Tyler didn't tell me, I need to talk to Tyler.

But it shouldn't --

JEREMY THACKER: What I'm saying is it

shouldn't have to do with my finances, though. Just the

fact that we weren't communicated with as a -- like not

me, individually. The sales team has not been

communicated with that we're not going to get paid on

something for six months. We're not making enough

Goddamn money to have leeway. And yet the leeway -- like

if you asked James, James, are you okay waiting six

months for your fucking bonus? He would shit on the

floor and you'd never see him again.

JASON WALKER: So --

JEREMY THACKER: Yet he does it --

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 52 of 247
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things. The things I asked for I think were very

reasonable. They didn't happen, and I think some

unreasonable things that did happen to me. 

And I'm saying if I'm coming to Tyler or you --

I think Tyler missed out on last year, to be honest with

you. When I wasn't a pain in the ass. He had me as a

pain in the ass and then when I wasn't. Because you and

I haven't had issues. But -- and I think he still has

that perception, maybe, too, that I'm --

JASON WALKER: No. I --

JEREMY THACKER: He walked right back

into it. 

JASON WALKER: Well, no. I, I think what

he -- he was like, fuck, you didn't have any issues. And

I'm like, no, I didn't. And, and he was like, well, now

he's slipping back.

And so we wanted to talk to you. Again, I

don't want to rehash this (inaudible) conversation. But

that was the impetus, and I -- when I, I'm, look, we need

to talk to him, we've got to get this in order.

JEREMY THACKER: Just under -- I've been

found guilty for shit I didn't do. I know I'm guilty of

some shit. But I've been found guilty of things that I

didn't -- I don't mean here, I just mean life. And I'm

fucking sensitive to it. And when people --

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JASON WALKER: I get it. 

JEREMY THACKER: -- say shit that's not

true about me --

JASON WALKER: Look. I -- and I'm going

to say one more thing here. And I don't want to go down

this path. I don't -- and I'm, I'm happy I don't know

anything. Because I don't.

JEREMY THACKER: Yeah.

JASON WALKER: Okay? And I mean it.

Only from the standpoint is because --

JEREMY THACKER: You don't want to know.

I know.

JASON WALKER: It, it is -- that's the

issue. But I don't condone anything like that. I

don't -- I think that you should be able to come here and

do your job and go home and, and leave it at that.

Everybody should. And -- you know. I will do everything

that I can to continue to try and make sure that that is

possible, up to and including letting you not be here all

the time. But to the extent that we can coordinate when

you are here, it's better. Because that helps with other

things more than you know. And it allows me to push for

things that are right. And I'll leave it at that.

JEREMY THACKER: Okay. All right.

JASON WALKER: And it's -- you know,

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 54 of 247
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unfortunately, that is discussed (inaudible) Vistage

yesterday. We were having a different discussion when

something came up about HR and, you know (inaudible) I

was like, yeah, yeah, that'd be nice. They were like you

guys (inaudible) HR and everyone has been collecting

speculate as to what that (inaudible). But I won't.

But, it's also a conversation that I am going to have

because it's necessary.

JEREMY THACKER: All right. I'm not

being a dick (inaudible) anybody. I've, I've vented to

Tyler. That's all -- that's it. I didn't -- shot back

on the fact that I went out of my way to be nice to

everybody else. And I will not bring anything that's not

valid. All I ask is that if it's valid that it's

listened to. And that's it. That's that's all I

request.

JASON WALKER: So the open items from

this conversation, the two words, what are the, what

are --

JEREMY THACKER: I'm not even worried

about that. I got money now.

JASON WALKER: Well, I, I don't want you

to not have money. So, so what I'd like to do is put

something in place. So -- like I don't want to wait

until it becomes an emergency.

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(inaudible.) 

UNIDENTIFIED MALE: I think I did. Think

I did.

(Multiple voices - indiscernible) 

(END OF RECORDING) 

* * * 

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58

BE IT KNOWN that the foregoing is a true and

accurate transcription of an audio recording done to the

best of my skill and ability. 

I was not involved in, nor was I present for

these proceedings, and I make no representation as to the

accuracy or completeness of the audio recording itself.

 I FURTHER CERTIFY that I am in no way related 

to any of the parties hereto nor am I in any way 

interested in the outcome thereof. 

 

______________________________ ______________ 

Annette Satterlee DATE 

Arizona Certified Reporter #50179 

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EXHIBIT C 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 58 of 247
UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Jeremy Thacker, ) 

 ) 

 Plaintiff, ) No. 2:18-cv-00063-PHX-DJH 

v. ) 

 ) 

GPS Insight, LLC; Robert J. ) 

Donat, individually and as ) 

Trustee of the Robert Donat ) 

Living Trust Dated ) 

April 19, 2017, ) 

 ) 

 Defendants. ) 

_____________________________) 

REPORTER'S TRANSCRIPTS OF AUDIO RECORDING

AUDIO FILE NO. 3

Transcribed from audio recording by: 

Annette Satterlee, RPR, CRR, CRC 

Arizona CR No. 50179 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 59 of 247
7

way was (inaudible) posting my (inaudible) how do we do

something in a way that allows you to get compensated for

that but also allows us to move forward, too. 

And I don't know that all the factors being

involved in the conversation Jason and I had we feel that

there's a path forward that really allows us to go down a

future together. So --

JASON WALKER: Where you would be coming

in here happy. I don't want -- and we talked about that,

and I was saying for mental health --

JEREMY THACKER: Yeah.

JASON WALKER: -- for you, for us, and

for the company. So that was kind of --

UNIDENTIFIED SPEAKER: That was kind of

where Jason and I were. We talked probably half an hour

that night, and then we talked for quite a while on

Friday and kind of came to the conclusion that we

probably need to part ways, but to figure out a way that

we could get you paid for the stuff that you talked

about. How do we get you taken care of with LCI; how do

(inaudible) CMI; what do we do about Amerisure.

On the heels of that, we had a conversation

with Rob where he brought some things to our attention

(indiscernible) looking into calls and the activities for

last week that he just said, look, I want you guys to be

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8

aware of these things.

And over time, and as you remember our

conversation last week, one of the things that became

more and more difficult was defending you and trying to

say to Rob, look, he's working, trust us. He's doing

this, trust us.

So, we took the opportunity, with those two

things being brought up, to have a conversation with him

and say, look, we feel like we might be better off moving

in a different direction and letting Jeremy go, but

here's how we'd like to do it.

JEREMY THACKER: What two things?

JASON WALKER: Well, we can talk about

that.

JEREMY THACKER: Oh.

JASON WALKER: But, we talked to him

about a way that we can do that that would take care of

you. So that -- going back to the conversation you and I

had, you know, how do you move on with the least amount

of damage, I think that we figured out a way to do that.

We also don't have much of an option because of

the things that he discussed, that's really not something

that we can get into. So, we --

UNIDENTIFIED SPEAKER: Sorry. 

JASON WALKER: -- basically came up with

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basically a severance agreement that will get you paid

out on stuff and take care of things. 

We are terminating your employment today. But,

we want to go over the things (inaudible) few things,

also go over the severance agreement. 

And then the reason Gary's joined us is due to

the new data security requirements that we have, in his

role, he just has to walk you through a few things in

terms of systems and access that you have -- or systems

that you have access to in order to walk through that.

So, I'm sure you're going to have questions.

But we can talk about the things (indiscernible) brought

to our attention if you want to.

JEREMY THACKER: Okay.

JASON WALKER: We'll walk through the

severance agreement. We want you to look at that. And

we'll explain what it includes, how it will work --

JEREMY THACKER: Okay.

JASON WALKER: -- and what the

(indiscernible) are behind that.

JEREMY THACKER: Okay.

JASON WALKER: So, the first thing when

he came in was he walked by your office last week and

noticed you were on the phone. And you were kind of

leaning back. It was -- I think he thought you were

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 62 of 247
10

staring at the ceiling or something. And he was like,

oh, I've never heard Jeremy on a call. So he

(indiscernible) listen.

And you were on a customer call. And then he

was in the phone system, and there was a large file that

was a recorded call, and he listened to that as well.

And the call was you speaking to the Hyatt --

JEREMY THACKER: Uh-huh. 

JASON WALKER: A call center. And the

call was being recorded. And it was a call that -- it

was -- it didn't come across very well. It was a -- you

were -- I would, I would just call it bullying the call

center, it was pretty good, about something. It was --

it put you in a -- not a good light.

JEREMY THACKER: Okay.

JASON WALKER: And it was something that

Tyler and I kind of listened to, and we were like, okay.

He -- there was nothing that (inaudible) and I hope for

God's sakes we never talk to our customers that way.

But it was a -- based on kind of some of the

stuff we had been talking about before, something that

neither Tyler or I could defend in any way because of the

nature of the call. For one, it put you -- just the way

that you were talking to people (inaudible) very

professional.

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11

The second thing was that he just said, you

know, what else did he do that weekend? There was really

less than 56 minutes, I think, in total phone time over

the four days. So, again, it was just something -- when

Tyler and I kind of had that put in our lap (inaudible)

I, I don't have a way to defend that. It was difficult.

And that's when we started having the

conversation of let's figure out a way to give Jeremy the

recognition from a payout perspective of all the things

that he's done, put together a plan that will help him

transition smoothly. And that's what we want to go over,

because we think we've been able to do that. And I think

it will be better for you ultimately, just given the

stuff that's gone on here, in your mind; better for us

because we won't have to be kind of in the middle of

this; and then also just better for the company overall.

So, that's what Tyler's got a copy of. We'll,

we'll give it to you so you can look it over. And I want

to walk you through it and just kind of explain to you --

it's very clear, but I want to explain to you what it --

if you have questions, I'll take you through it

step-by-step.

JEREMY THACKER: Okay.

JASON WALKER: So, will you read it, and

then I'll answer any questions (inaudible) if you have

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 64 of 247
20

know that I've seen them. So -- 

UNIDENTIFIED SPEAKER: Well, he came to

us with that information (inaudible) not to do anything

cause of action or direction when he came and talked to

us.

What Jason and I have told you is exactly how

things happened. We had a discussion trying to figure

out what's going on. So, whether he's done that, they

were recorded on his server. They're his property. They

were done on his phone system. He can probably do what

he wants with them. So --

JEREMY THACKER: I don't think he can

call me a complete piece of shit to the girl that I'm

dating that's not involved in it.

JASON WALKER: Well, we're not going to

get into a legal discussion of it. But --

JEREMY THACKER: Well, we are. I mean,

this is a legal discussion. I don't know how to --

UNIDENTIFIED SPEAKER: (Inaudible)

actions in this discussion.

JEREMY THACKER: Yeah. Well, I know.

But it's, it -- that's why we're here.

UNIDENTIFIED SPEAKER: I understand.

JEREMY THACKER: Yeah. I mean, I

wouldn't have set up 1500 (inaudible) and we didn't have

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 65 of 247
21

any problems until I started dating Kristen. So the

coincidence of being asked about going to Chicago, about

him going through my recordings, about all of it, is not

coincidence.

But, at the same time, I don't, I don't want to

be involved in a lawsuit. I don't want any -- I don't

think -- I do appreciate what you two have done, and I

care about other people here and I don't want to go down

that road of trying everything in the mud and getting

(inaudible) and people having to take the stand. It's

bullshit. But I don't necessarily think that this is

fair compensation based on knowing that as well.

JASON WALKER: So, you don't have to

decide right now.

JEREMY THACKER: Okay.

JASON WALKER: That is your option.

Obviously, we tried to put this together to give you, you

know -- we, we do think it's fair. That's why we put it

together. We're very pleased with it. But --

JEREMY THACKER: You think it's fair

based on discrimination, or no? (Inaudible) just fair

based on purely if we take that out of consideration, but

that, that can't be -- like I saw the text message saying

that he had proved what he'd known all along, that I was

a complete piece of shit. So.

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 66 of 247
37

 BE IT KNOWN that the foregoing is a true and 

accurate transcription of an audio recording done to the 

best of my skill and ability. 

I was not involved in, nor was I present for

these proceedings, and I make no representation as to the

accuracy or completeness of the audio recording itself.

 I FURTHER CERTIFY that I am in no way related 

to any of the parties hereto nor am I in any way 

interested in the outcome thereof. 

 

______________________________ ______________ 

Annette Satterlee DATE 

Arizona Certified Reporter #50179 

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 67 of 247
EXHIBIT D 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 68 of 247
OTTMAR & ASSOCIATES 602-485-1488

ottmarassoc.com

 UNITED STATE DISTRICT COURT

 FOR THE

 DISTRICT OF ARIZONA

 Jeremy Thacker ) Civil Action No.

 ) 2:18-cv-00063-DJH

 Plaintiff, )

 v. )

 )

 GPS Insight, LLC; Robert )

 Donat, individually )

 )

 Defendants. )

 ____________________________ )

 DEPOSITION OF ROBERT DONAT

 August 22, 2018

 Phoenix, Arizona

 10:00 a.m.

 PREPARED FOR:

 ATTORNEY AT LAW

 (COPY)

 REPORTED BY:

 Mary Davis, RPR

 Arizona CCR No. 50271

 AZ Registered Reporting Firm No. R1008

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 1 foundation.

 2 A. Among other things, yes.

 3 BY MR. SILENCE:

 4 Q. What other reasons?

 5 A. Reasons that I don't personally know because I

 6 don't directly supervise Jeremy Thacker.

 7 Q. So as you sit here today, all you know is that

 8 Jason terminated Jeremy because of a difficult and

 9 antagonistic conversation that they had on March 2nd,

 10 2017?

 11 MS. FRANCIS: Object to form.

 12 A. No.

 13 BY MR. SILENCE:

 14 Q. Well, I'm not understanding what -- why you

 15 believe Jeremy was terminated by Jason, other than

 16 Jason coming to you and telling you that he had a

 17 difficult and antagonistic conversation with Jeremy?

 18 A. I presume there were many things leading up to

 19 that meeting which required the meeting. And after the

 20 meeting, it became clear to Jason that Jeremy needed to

 21 be let go.

 22 Q. What involvement, if any, did you have in the

 23 termination of Mr. Thacker?

 24 A. None.

 25 Q. Did you make statements to Jason that were

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 1 disparaging about Jeremy that he -- you believe he may

 2 have relied on in terminating Jeremy?

 3 A. No.

 4 MS. FRANCIS: Object to form and

 5 foundation.

 6 A. No.

 7 BY MR. SILENCE:

 8 Q. So is it your testimony that Jason made the

 9 decision to terminate Jeremy on his own without any

 10 input or involvement from you?

 11 A. That's two different questions. Can you break

 12 it up for me so I can answer them accurately?

 13 Q. Is it your testimony that Jason terminated

 14 Jeremy without any input from you?

 15 A. No. Hold on, let me -- let me hear that

 16 question one more time, please.

 17 Q. Is it your testimony that Jason terminated

 18 Jeremy without any input from you?

 19 MS. FRANCIS: Object to form.

 20 A. No. It is my understanding that he made the

 21 decision to terminate Jeremy with no input from me.

 22 He then terminated Jeremy after we discussed something,

 23 so I don't know if any input of mine became relevant.

 24 BY MR. SILENCE:

 25 Q. What input did you provide to Jason about

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 1 Mr. Thacker's performance?

 2 MS. FRANCIS: Object to form.

 3 A. None.

 4 BY MR. SILENCE:

 5 Q. You didn't make any disparaging comments about

 6 Jeremy to Jason prior to Jeremy's termination?

 7 A. No.

 8 Q. Did you make any disparaging comments about

 9 Jeremy to Tyler Mortensen prior to Jeremy's

 10 termination?

 11 A. No.

 12 MS. FRANCIS: Object to form.

 13 He answered.

 14 BY MR. SILENCE:

 15 Q. Oh, I'm sorry. What did you say?

 16 MS. FRANCIS: Can you read the answer

 17 back --

 18 THE WITNESS: To make sure -- I don't

 19 recall -- yeah, can you --

 20 THE COURT REPORTER: I have -- "No" was

 21 your answer.

 22 THE WITNESS: No was my answer. No.

 23 BY MR. SILENCE:

 24 Q. Who made the decision to fire Kristin Lisson?

 25 A. I did.

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 1 Jason Walker?

 2 A. I wanted -- if that was the case, which I

 3 think I would have, he was aware of the fact that we

 4 were dealing with Jeremy's malicious acts, and I wanted

 5 him to have an understanding of what we were dealing

 6 with.

 7 Q. Do you know how you sent this to Jason?

 8 A. If I sent it to him, it would have been via

 9 email.

 10 Q. Well, I thought you said you did sent it to

 11 him?

 12 A. I said likely. I believe I said likely.

 13 I don't recall exactly sending it via email to

 14 Jason. I just presume that he was the one person

 15 working with me on Jeremy's difficult nature subsequent

 16 to his termination. And had I sent it to Mr. Walker,

 17 it would have been via email.

 18 Q. Have you ever asked for or been provided a

 19 copy of a LexisNexis report like this for any other

 20 GPSI employee?

 21 MS. FRANCIS: Object to form.

 22 A. Yes.

 23 BY MR. SILENCE:

 24 Q. Which employees?

 25 A. One employee. And it was right at the same

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 1 time, I believe, by Mr. Galbut, or his firm, and it was

 2 for Ms. (Indiscernible).

 3 (Clarification by the Court Reporter.)

 4 A. Ms. Lisson.

 5 BY MR. SILENCE:

 6 Q. Did your attorney provide you a copy of the

 7 LexisNexis report for Ms. Lisson prior to her

 8 termination?

 9 A. Can you remind me what date her termination

 10 was? I believe it was March...

 11 Q. March 19, I believe.

 12 A. I don't recall.

 13 Q. Do you recall why you asked your attorney to

 14 provide you a copy of the LexisNexis report for Kristin

 15 Lisson?

 16 MS. FRANCIS: Object to form and

 17 foundation.

 18 A. I don't recall having asked him for one.

 19 MS. FRANCIS: And, again, Counsel, you're

 20 getting into privileged communications.

 21 BY MR. SILENCE:

 22 Q. Did you say you didn't ask your lawyer to

 23 provide it?

 24 A. I don't recall asking him to provide it, no.

 25 Q. So you believe --

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 1 BY MR. SILENCE:

 2 Q. What involvement, if any, did you have in the

 3 termination of Mr. Thacker?

 4 A. Here I --

 5 MS. FRANCIS: Objection; asked and

 6 answered.

 7 A. After it was decided that Mr. Walker was going

 8 to terminate Mr. Thacker, I became involved as the

 9 owner of a company with a potentially difficult

 10 employee, based on previous conversations with

 11 Mr. Walker, as to how to communicate his being

 12 terminated, as well as how to present a severance

 13 package. Because I was in Florida, I was unable to do

 14 so myself, if I had chosen to.

 15 BY MR. SILENCE:

 16 Q. If Mr. Walker made the decision to terminate

 17 Jeremy before this text, why did you need to dictate

 18 the reason for his termination?

 19 MS. FRANCIS: Object to form.

 20 A. I didn't dictate. I just simply was

 21 explaining why I thought -- how I thought Jason should

 22 frame his termination.

 23 BY MR. SILENCE:

 24 Q. But I thought you said you left these kinds of

 25 decisions to the manager.

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 1 MS. FRANCIS: Object to foundation.

 2 A. Without my authorization and without the

 3 authorization to give to Mr. Thacker, Mr. Thacker's

 4 friend and supervisor, perhaps at the time,

 5 Mr. Mortensen, advised Mr. Thacker that he could use

 6 the company credit card for necessities because he

 7 could not pay his bills. I don't know what those

 8 necessities meant. Nothing was in writing.

 9 It became clear months later that Mr. Thacker

 10 had -- I had been told at one point racked on up on the

 11 order of $10,000 of nonbusiness related charges. This

 12 was brought to Jason's attention by Mr. Holder, my

 13 controller, at which point Jason was prepared to

 14 terminate Mr. Thacker for fraudulently using GPS

 15 dollars for personal use.

 16 BY MR. SILENCE:

 17 Q. To the best of your knowledge, did Jason ever

 18 give permission to Jeremy to use the card for personal

 19 expenses because he was struggling financially?

 20 MS. FRANCIS: Object to form and

 21 foundation.

 22 A. I don't believe that he did, no.

 23 BY MR. SILENCE:

 24 Q. So your testimony is that if Jeremy used the

 25 card to purchase any personal expense during his time

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 1 wanted to have her as your queen, or words to that

 2 effect?

 3 MS. FRANCIS: Object to form.

 4 A. I do not recall the details of my text to her.

 5 BY MR. SILENCE:

 6 Q. Does it sound like -- does the comment that I

 7 want to have you as my queen sound like something you

 8 might say to her at that time?

 9 A. No. Roughly, I recall her telling me that she

 10 could never have a relationship with me because she

 11 could never work for -- excuse me. She could never

 12 have a relationship with somebody whom she worked for.

 13 And I may have said something like, Well, if I'm -- but

 14 I don't know what I said. Something to the effect of

 15 if I'm king, you can be queen, perhaps.

 16 She seems to have taken offense to that,

 17 because she says, quote: I am not okay with being your

 18 "Queen." That's all I recall.

 19 Q. Did you provide your response to this text

 20 message where you told Kristin Lisson that Elliot

 21 Batcheller told you that Kristin -- that he always

 22 thought Kristin Lisson was a bitch?

 23 MS. FRANCIS: Object to form.

 24 A. Yeah. If you can show me the text message, I

 25 can --

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 1 BY MR. SILENCE:

 2 Q. I'm wondering, did you provide the responsive

 3 text message where those words were used?

 4 A. I provided --

 5 MS. FRANCIS: Object to form.

 6 A. I provided a complete backup of my phone to

 7 counsel, and I don't know what they provided you.

 8 BY MR. SILENCE:

 9 Q. But you don't know whether that response to

 10 that specific text was provided in this lawsuit?

 11 MS. FRANCIS: Object to form.

 12 A. Yeah. I don't -- I don't provide things to

 13 you; my attorneys do. I don't have any idea what they

 14 do or don't give to you.

 15 I know that I've given them everything I've

 16 got. And rather than document dump it to you, they put

 17 what's relevant in whatever form you've got to share.

 18 So I don't know if they provided it to you.

 19 BY MR. SILENCE:

 20 Q. My question, though, is did you give the

 21 response to that text to your attorneys?

 22 A. Yes.

 23 MS. FRANCIS: Object to form.

 24 BY MR. SILENCE:

 25 Q. So the only reason we wouldn't have it is

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 1 MR. SILENCE: Camper.

 2 A. You didn't read it right. Do you want to read

 3 it right?

 4 Q. Yes. Please do.

 5 A. Do you want me to read it right?

 6 Q. Can you just -- my real question is, can you

 7 confirm that the text message in row 217 is a text

 8 message you sent to Kristin on that day?

 9 A. Sure. That looks right.

 10 Q. What did you mean when you told Kristin that

 11 you wanted equal opportunity distancing from all

 12 parties?

 13 A. She stated about 10 minutes prior to my

 14 response, quote: I may purposely distance myself from

 15 everyone temporarily until I can get my bearings and

 16 figure out what I'm doing. I have your number...and

 17 know where you live and work, for that matter. Smiley

 18 face.

 19 I was saying to her, I'm glad to hear that she

 20 is distancing everyone and not just me.

 21 Q. Who else do you believe Kristin was distancing

 22 herself from?

 23 MS. FRANCIS: Object to foundation.

 24 A. She doesn't reference anyone else, so I don't

 25 know if that meant people at work, people outside of

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 1 work. She does reference Jeremy, so we'll go with it

 2 might have meant Jeremy. It might have meant Robert,

 3 her good friend Robert Dennis.

 4 But I don't know who specifically

 5 two-and-a-half years ago -- year and a half ago I wrote

 6 that text regarding.

 7 BY MR. SILENCE:

 8 Q. Sir, isn't it pretty clear that you're telling

 9 Kristin that you wanted her to stay away from Jeremy if

 10 she wasn't going to date you?

 11 A. No.

 12 MS. FRANCIS: Object to form and

 13 foundation.

 14 A. I never say anything about her staying away

 15 from Jeremy.

 16 BY MR. SILENCE:

 17 Q. You don't use his name, but isn't that what

 18 you're intending to say in the text message on row 217

 19 of this document?

 20 MS. FRANCIS: Object to --

 21 A. No.

 22 MS. FRANCIS: -- form and foundation.

 23 A. No. I am telling her that I will be a, quote,

 24 unquote, happy camper -- or I am a happy camper because

 25 she is distancing herself from everywhere (verbatim)

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 1 temporarily until she can get her bearings and figure

 2 out what she's doing. She has my number, and she knows

 3 where I live and work, for that matter. Smiley face.

 4 She is the one telling me that she is

 5 distancing herself from everyone, to include myself.

 6 And I was saying, as long as it's not just me, I'm a

 7 happy camper.

 8 BY MR. SILENCE:

 9 Q. Sir, the text message 10 minutes before this

 10 says, quote: Then everything with Jeremy happened so

 11 quickly and unexpectedly, in parenthesis, sharing of

 12 feelings, end parentheses, and I am more overwhelmed

 13 than ever about where I am, where I'm headed, and where

 14 I even live. I don't want to let you or anyone down,

 15 so I may purposely distance myself from everyone

 16 temporarily until I can get my bearings.

 17 Isn't it pretty clear that your response to

 18 that text message was about Jeremy?

 19 MS. FRANCIS: Object to form and

 20 foundation.

 21 A. So, again, no. It doesn't have anything to do

 22 with Jeremy.

 23 It has to do with the fact that she is, quote,

 24 purposely distancing herself. I say that equal

 25 opportunity distancing, meaning distancing herself from

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 1 everyone, makes me a happy camper. Not just myself.

 2 Not just Jeremy. Not just Robert Dennis. Not just

 3 Elliot Batcheller, people she works with.

 4 She is, quote, purposely distancing herself

 5 from everyone.

 6 BY MR. SILENCE:

 7 Q. So you --

 8 A. What I'm trying to say is, as long as I'm not

 9 the only one you're distancing yourself from, I'm a

 10 happy camper.

 11 Does that not make sense?

 12 Q. It sounds like you're saying to me, the only

 13 way you'd be a happy camper is if she distances herself

 14 from all GPSI employees.

 15 A. Sounds --

 16 MS. FRANCIS: Object to form and

 17 foundation.

 18 A. It sounds to me like you don't like my answer,

 19 so I'm going to give it again.

 20 She says that she is purposely distancing

 21 herself from everyone temporarily. I said: I get it

 22 and as long as it's equal opportunity distancing from

 23 all parties, I am a happier camper. Paraphrasing.

 24 Because I did not want to hear that I'm the

 25 only person being distanced from.

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 1 BY MR. SILENCE:

 2 Q. So if she wasn't distancing herself from

 3 everyone equally, you wouldn't be happy?

 4 MS. FRANCIS: Object to form.

 5 A. If she told me that she was only distancing

 6 herself from me, I would not have been happy.

 7 BY MR. SILENCE:

 8 Q. Why?

 9 A. Because I had long-standing relationship with

 10 Kristin Lisson, and I would not want her to distance

 11 herself from me.

 12 Q. And you wouldn't be happy if she did?

 13 A. Correct.

 14 Q. So the owner of the company and the person

 15 responsible for determining her bonus wouldn't be happy

 16 unless she distances herself -- if she distances

 17 herself from you?

 18 MS. FRANCIS: Object to form and

 19 foundation.

 20 BY MR. SILENCE:

 21 Q. That's your testimony?

 22 A. That's not my testimony. I am, in fact, the

 23 owner of the company. To some extent I do, in fact,

 24 determine her bonus. But correct, I would not be happy

 25 should she distance herself from me.

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 1 MS. FRANCIS: Object to form.

 2 A. I don't know. I don't have a copy of my NDA

 3 in front of me, so I don't know.

 4 BY MR. SILENCE:

 5 Q. Tell me about the terms of the deal between

 6 GPSI and Sagemount.

 7 (Clarification by the Court Reporter.)

 8 MR. SILENCE: Sagemount.

 9 S-A-G-E-M-O-U-N-T.

 10 MS. FRANCIS: Object to form.

 11 A. Sagemount is a private equity firm owned by

 12 Bregal. They are in New York City, and we agreed that

 13 they would purchase a percentage -- and this is all

 14 public record -- a minority percentage of GPS Insight

 15 from me in exchange for monetary compensation, as well

 16 as their advice, their expertise, their people to come

 17 along.

 18 BY MR. SILENCE:

 19 Q. Let me interrupt you.

 20 A. That's a part of it, but that is a part of the

 21 deal.

 22 Q. How much money did Sagemount pay for their

 23 equity stake in GPSI?

 24 A. That is under nondisclosure, and I cannot

 25 divulge the dollar amount without being told it's

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 1 the week to let me process the news in peace. Later

 2 that evening, I received 104 messages and 5 missed

 3 calls.

 4 A. Right. Yes. Mr. Walker was unaware of the

 5 fact that I was trying to help Kristin, not only save

 6 the confidentiality for her husband's sake, as well as

 7 her career sake, of our relationship. I shouldn't say

 8 that.

 9 The confidentiality for her husband's sake as

 10 well as helping -- trying to help her keep her job,

 11 because it was evident to Mr. Walker that Ms. Lisson

 12 had to be fired because she shared confidential

 13 communications that were detrimental to GPS Insight

 14 with Mr. Thacker.

 15 Q. Let me stop you there.

 16 My question is, Do you admit that Jason Walker

 17 told you before or on March 9th not to have further

 18 communications with Kristin?

 19 MS. FRANCIS: Object --

 20 BY MR. SILENCE:

 21 Q. Do you deny that?

 22 MS. FRANCIS: -- to form.

 23 A. I don't know what day or time he asked me to

 24 do that.

 25 ///

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 1 BY MR. SILENCE:

 2 Q. And do you deny that whenever it is that he

 3 told you, that you violated his instructions and sent

 4 104 text messages to Kristin Lisson?

 5 A. So I'm going to be --

 6 MS. FRANCIS: Object to form and

 7 foundation.

 8 A. I'm going to be real clear. Mr. Walker does

 9 not tell me what to do.

 10 Okay. He told me that Ms. Lisson requested,

 11 and he requested as a result, that I not contact

 12 Ms. Lisson. However, Ms. Lisson and I had a 10-month

 13 relationship that Mr. Walker was not privy to. And as

 14 such, it was not something that I took his advisement

 15 for.

 16 I wanted to help Ms. Lisson, and she

 17 acknowledged that she might need my help because she

 18 was telling me things like: She had been hacked by

 19 Mr. Thacker. He has everything. I'm so paranoid. I

 20 don't know who to trust.

 21 She then turned around and took my helpful

 22 messages and turned them into this message that she

 23 sent regarding the bullying and harassing.

 24 (Exhibit No. 81 was marked for

 25 identification.)

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 1 STATE OF ARIZONA )

 ) ss.

 2 COUNTY OF MARICOPA )

 3 BE IT KNOWN that the foregoing proceedings were

 taken before me; that the witness before testifying was

 4 duly sworn by me to testify to the whole truth; that

 the foregoing pages are a full, true and accurate

 5 record of the proceedings, all done to the best of my

 skill and ability; that the proceedings were taken down

 6 by me in shorthand and thereafter reduced to print

 under my direction.

 7

 I CERTIFY that I am in no way related to any of

 8 the parties hereto nor am I in any way interested in

 the outcome hereof.

 9

 {X} Review and signature was requested.

 10 { } Review and signature was waived.

 ( } Review and signature was not required/requested.

 11

 I CERTIFY that I have complied with the ethical

 12 obligations set forth in ACJA 7-206(F)(3) and ACJA

 7-206 (J)(1)(g)(1) and (2), Dated at Phoenix, Arizona,

 13 this 6th day of September, 2018.

 14

 15

 16

 17 ____________________________________

 MARY DAVIS, RPR - Digital Signature

 18 AZ Certified Court Reporter No. 50271

 19

 I CERTIFY that OTTMAR & ASSOCIATES, INC., has

 20 Complied with the ethical obligations set forth in ACJA

 7-206 (J)(1)(g)(1) through (6).

 21

 22

 23

 24 _________________________________________

 OTTMAR & ASSOCIATES, INC.

 25 AZ Registered Reporting Firm No. R1008

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EXHIBIT E 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 88 of 247
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 UNITED STATES DISTRICT COURT

 FOR THE

 DISTRICT OF ARIZONA

 Jeremy Thacker )

 )

 Plaintiff, ) Civil Action No.

 v. ) 2:18-cv-00063-DJH

 )

 GPS Insight, LLC; Robert )

 Donat, individually )

 )

 Defendants. )

 _____________________________ )

 DEPOSITION OF JASON WALKER

 September 5, 2018

 Phoenix, Arizona

 10:00 a.m.

 PREPARED FOR:

 ATTORNEY AT LAW

 (COPY)

 REPORTED BY:

 Mary Davis, RPR

 Arizona CCR No. 50271

 AZ Registered Reporting Firm No. R1008

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 1 A. The last one, I did send that to Kristin, but

 2 it's not related to the previous chain of texts. It's

 3 just almost a month later.

 4 Yes, this appears to be.

 5 BY MR. SILENCE:

 6 Q. Do you recall whether you had a meeting with

 7 Kristin Lisson to discuss this issue?

 8 MS. FRANCIS: Object to form.

 9 A. I don't recall, no.

 10 MS. FRANCIS: Can we be clear of what

 11 text you're talking about, since there are two

 12 different issues?

 13 BY MR. SILENCE:

 14 Q. I'm talking about Kristin's text to you on the

 15 first page, the second one down from the top. It says:

 16 I'll explain tomorrow, but can you tell me if you know

 17 anything I should be aware of in terms of my

 18 professional relationship at work being in jeopardy? I

 19 got a very confusing and upsetting message just now.

 20 I'm trying to reconcile what it could be without

 21 overreacting.

 22 A. I don't recall having a meeting specifically

 23 about that, but Kristin and I met (Indiscernible) a lot

 24 of things.

 25 (Clarification by the Court Reporter.)

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 1 A. Met about a lot of things.

 2 I'm sorry.

 3 BY MR. SILENCE:

 4 Q. Kristin had a meeting with you where she told

 5 you that Rob Donat caused her to have a panic attack,

 6 correct?

 7 A. Yes. At one point, but it was far after this

 8 string because I clearly had no understanding of

 9 anything that was going on.

 10 Q. It seems like from this text message exchange

 11 that you would have met with Kristin on or around

 12 February 13th or 14th. Does that sound about right?

 13 MS. FRANCIS: Object to form and

 14 foundation.

 15 A. I told you I don't know. It's possible, but

 16 we certainly didn't meet on the 13th. I believe this

 17 was a weekend.

 18 BY MR. SILENCE:

 19 Q. But you admit that you had a meeting with

 20 Kristin after this text message exchange ended on

 21 February 13, 2017, and in that meeting she told you

 22 that Rob Donat caused her to have a panic attack?

 23 MS. FRANCIS: Object to --

 24 A. No.

 25 MS. FRANCIS: -- form and foundation.

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 1 BY MR. SILENCE:

 2 Q. When did Kristin tell you that Rob Donat

 3 caused her to have a panic attack?

 4 A. I don't recall, but it wasn't right after this

 5 text string.

 6 Q. Was it a few days after this text string?

 7 A. I do not remember.

 8 Q. And in that meeting, Kristin told you that Rob

 9 told her that her reputation was being damaged because

 10 of her association with Jeremy Thacker, correct?

 11 MS. FRANCIS: Object to form and

 12 foundation.

 13 A. At one point that conversation took place. I

 14 don't believe it was after this.

 15 Q. When do you believe it occurred?

 16 A. Much closer to the time when I happened to

 17 terminate Jeremy. Kristin and I had several meetings.

 18 We met all the time because we worked together.

 19 BY MR. SILENCE:

 20 Q. And in those meetings, Kristin also told you

 21 that Rob Donat told her not to talk to you about him,

 22 correct?

 23 MS. FRANCIS: Object to form and

 24 foundation.

 25 A. No.

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 1 BY MR. SILENCE:

 2 Q. Did GPSI have an HR department in 2016 and

 3 '17?

 4 MS. FRANCIS: Object to form.

 5 A. No.

 6 Q. Prior to Jeremy's termination, what was the

 7 protocol with respect to what you, as a manager, should

 8 do when one of your employees is complaining about

 9 harassment by Rob Donat?

 10 MS. FRANCIS: Object to form and

 11 foundation.

 12 A. There wasn't a specific policy for what you

 13 just asked me.

 14 BY MR. SILENCE:

 15 Q. Well, how should that situation be handled?

 16 MS. FRANCIS: Object to form and

 17 foundation.

 18 A. I believe it should be handled exactly the way

 19 I handled it, which was as soon as I had anything

 20 concrete, in an official complaint, I went right to him

 21 and told him to stop. And I documented it.

 22 BY MR. SILENCE:

 23 Q. What should the employee who is the victim of

 24 harassment do in that situation?

 25 MS. FRANCIS: Object to foundation and

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 1 BY MR. SILENCE:

 2 Q. I just want to be very clear. I understand

 3 your testimony is you didn't know they had an affair

 4 March 9th, 2017, right?

 5 MS. FRANCIS: Objection; form, asked and

 6 answered.

 7 A. I answered --

 8 BY MR. SILENCE:

 9 Q. My question is --

 10 (Clarification by the Court Reporter.)

 11 A. I answered it. That's what I said.

 12 BY MR. SILENCE:

 13 Q. My question is, you also were not aware that

 14 Rob Donat had any kind of romantic interest in Kristin

 15 Lisson until March 9th?

 16 MS. FRANCIS: Objection; form, asked and

 17 answered.

 18 A. It is impossible for me to know what Rob's

 19 interests were. I did not know.

 20 BY MR. SILENCE:

 21 Q. Did you ever tell Kristin Lisson that you

 22 believed Rob had a crush on her?

 23 A. Yes.

 24 Q. When did you tell Kristin Lisson that?

 25 A. I don't remember.

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 1 Q. It was prior to Jeremy's termination, right?

 2 A. Yes.

 3 Q. Isn't that a romantic interest?

 4 MS. FRANCIS: Objection; form.

 5 A. Not to me, no. That's not what I was alluding

 6 to.

 7 BY MR. SILENCE:

 8 Q. So you admit that Kristin told you prior to

 9 Jeremy's termination that Rob had a crush on her, but

 10 you deny that that constitutes having a romantic

 11 interest?

 12 MS. FRANCIS: Objection; form and

 13 foundation.

 14 A. He was married. People have crushes on

 15 people. He liked her as an employee. That's all I can

 16 say.

 17 BY MR. SILENCE:

 18 Q. But, sir, you said he had a crush on her.

 19 A. Yes.

 20 Q. Can you look at Exhibit 112, please.

 21 A. Uh-huh.

 22 Q. Have you seen this document before?

 23 A. I believe it was brought up in a prior

 24 deposition.

 25 Q. It was produced to us in this lawsuit as text

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 1 you refer to his moving to the Government sales team as

 2 a promotion, did you not?

 3 A. If that's what the recording says. I don't

 4 remember. That was a very long meeting.

 5 Q. But if you said it was a promotion, you now

 6 say it wasn't a promotion?

 7 MS. FRANCIS: Objection; form.

 8 A. In terms of it being a salary increase, it was

 9 not a promotion. You can constitute it any way you

 10 want.

 11 Is there a point that you're trying to make?

 12 We gave him an opportunity even though he had done some

 13 things in the past that we didn't approve. I mean --

 14 BY MR. SILENCE:

 15 Q. The point I'm trying to make is that --

 16 MS. FRANCIS: Go ahead. Finish.

 17 A. I'm trying to understand the rationale for

 18 your questioning.

 19 MS. FRANCIS: He doesn't have to answer

 20 it.

 21 BY MR. SILENCE:

 22 Q. The point that I'm trying to make is that this

 23 issue about his use of the credit card occurred in 2015

 24 and yet, Jeremy was given the opportunity to work in

 25 the Government sales team where he could sell more

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 1 units and make more money, correct?

 2 A. Yes.

 3 Q. Why was Jeremy given the opportunity to work

 4 on the Government sales team, to sell more units and

 5 make more money, if there were, quote, issues

 6 surrounding him?

 7 MS. FRANCIS: Object to form.

 8 A. Because Tyler and I both believed that if we

 9 could keep Jeremy focused, he could be successful. We

 10 wanted him to turn the corner, and we thought if he

 11 could make more money, it would help him get out of

 12 some of his financial issues, which would help him

 13 improve his life. That's why we did it.

 14 BY MR. SILENCE:

 15 Q. You felt bad for him?

 16 A. I wanted to help Jeremy.

 17 Q. Wasn't Jeremy an effective sales agent?

 18 A. He could be.

 19 Q. Well, when he was given the opportunity to

 20 work on the Government sales team, did you feel he was

 21 an effective sales agent?

 22 A. He could be.

 23 Q. Well, my question was, was he at that time?

 24 A. At times.

 25 Q. If he wasn't a consistently good -- an

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 1 A. Tyler and I had talked about this program. He

 2 was continuing to work on it. He thought he was

 3 developing it into something really good.

 4 Again, I wanted to wait until we had better

 5 information to propose a better business case. I don't

 6 like having conversations about hypotheticals. I like

 7 having conversations with data so that I could prove a

 8 case. It's reckless for me to go do it otherwise.

 9 That's it.

 10 BY MR. SILENCE:

 11 Q. Do you value Josh Schwartz's opinion?

 12 MS. FRANCIS: Object to form.

 13 A. Yes.

 14 BY MR. SILENCE:

 15 Q. Are you aware that Josh Schwartz believes

 16 Jeremy should have been paid for Amerisure?

 17 MS. FRANCIS: Object to form and

 18 foundation.

 19 A. No. I think I agreed too.

 20 BY MR. SILENCE:

 21 Q. You what?

 22 A. I agreed too; I just didn't know the amount.

 23 Q. Why has GPSI not paid Jeremy any compensation

 24 for Amerisure?

 25 A. Because Jeremy was terminated before we could.

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 1 to Kristin as well.

 2 BY MR. SILENCE:

 3 Q. So you don't handle -- excuse me. You don't

 4 trust Rob to handle things fairly?

 5 MS. FRANCIS: Object to form and

 6 foundation.

 7 A. That's not at all what I said.

 8 BY MR. SILENCE:

 9 Q. Did you tell Jeremy in the termination meeting

 10 that he was insubordinate?

 11 A. I don't remember.

 12 Q. How was Jeremy's sales performance -- strike

 13 that.

 14 How did Jeremy's sales performance in 2017

 15 compare to others?

 16 MS. FRANCIS: Object to form and

 17 foundation.

 18 A. Well, for the first few months it was

 19 fantastic.

 20 BY MR. SILENCE:

 21 Q. Of 2017?

 22 A. 2017. True.

 23 Q. Why do you say it was fantastic?

 24 A. Because he closed LCRA in February, which was

 25 a large transaction.

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 1 Q. How was Jeremy's sales performance in

 2 comparison to others in 2016?

 3 MS. FRANCIS: Object to form and

 4 foundation.

 5 A. I believe it was middle of the pack on the

 6 Government team.

 7 BY MR. SILENCE:

 8 Q. When was the last time you looked at any sales

 9 data to see exactly how Jeremy compared to others in

 10 2016?

 11 MS. FRANCIS: Object to foundation.

 12 A. I prepared it for counsel because I was

 13 requested. I don't know how long ago that was. Maybe

 14 a month or two. Maybe longer.

 15 BY MR. SILENCE:

 16 Q. How did you learn about Kristin's termination?

 17 A. From Rob.

 18 Q. Did he -- was it an in-person conversation?

 19 A. No.

 20 Q. Was it an email, a text message?

 21 A. It was a text message.

 22 Q. Do you recall what the text said?

 23 A. No. I was made aware of it because Kristin

 24 texted me, asking if she had been terminated. I was

 25 unaware, and I texted Rob. He said, yes, I terminated

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 1 MS. FRANCIS: Then tell him you don't

 2 know.

 3 A. I don't know.

 4 BY MR. SILENCE:

 5 Q. Well, if at trial that's the testimony,

 6 doesn't that sure seem coincidental to you?

 7 MS. FRANCIS: Object to form and

 8 foundation.

 9 A. Like I said, Rob asked lots of questions. It

 10 doesn't seem coincidental to me because it's not

 11 outside of his normal behavior.

 12 Q. Had Rob Donat ever talked to you about Jeremy

 13 transferring to Chicago prior to 2017?

 14 MS. FRANCIS: Object to form.

 15 A. No.

 16 BY MR. SILENCE:

 17 Q. Could you go to page 22 of the last exhibit?

 18 Do you see the paragraph towards the bottom

 19 where, according to the transcription, it says --

 20 starts with, it's a messy issue?

 21 A. Uh-huh.

 22 Q. And you say, according to the transcript, "It

 23 is a messy issue. But I don't condone anything like

 24 that. I think that you should be able to come here and

 25 do your job and go home and leave it at that.

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 1 STATE OF ARIZONA )

 ) ss.

 2 COUNTY OF MARICOPA )

 3 BE IT KNOWN that the foregoing proceedings were

 taken before me; that the witness before testifying was

 4 duly sworn by me to testify to the whole truth; that

 the foregoing pages are a full, true and accurate

 5 record of the proceedings, all done to the best of my

 skill and ability; that the proceedings were taken down

 6 by me in shorthand and thereafter reduced to print

 under my direction.

 7

 I CERTIFY that I am in no way related to any of

 8 the parties hereto nor am I in any way interested in

 the outcome hereof.

 9

 { } Review and signature was requested.

 10 { } Review and signature was waived.

 (x} Review and signature was not required/requested.

 11

 I CERTIFY that I have complied with the ethical

 12 obligations set forth in ACJA 7-206(F)(3) and ACJA

 7-206 (J)(1)(g)(1) and (2), Dated at Phoenix, Arizona,

 13 this 18th day of September, 2018.

 14

 15

 16

 17 ____________________________________

 MARY DAVIS, RPR - Digital Signature

 18 AZ Certified Court Reporter No. 50271

 19

 I CERTIFY that OTTMAR & ASSOCIATES, INC., has

 20 Complied with the ethical obligations set forth in ACJA

 7-206 (J)(1)(g)(1) through (6).

 21

 22

 23

 24 _________________________________________

 OTTMAR & ASSOCIATES, INC.

 25 AZ Registered Reporting Firm No. R1008

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 102 of 247
EXHIBIT F 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 103 of 247
 IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF ARIZONA

Jeremy Thacker, )

 )

 Plaintiff, ) Case No.

vs. ) 18-CIV-0063-PHX-DJH

 )

GPS Insight, LLC; et al., )

 )

 Defendants. )

____________________________________)

 DEPOSITION OF JASON WALKER

 Phoenix, Arizona

 May 15, 2018

 1:54 o'clock p.m.

 Walker Court Reporting

 Registered Firm No. R1046

 1900 W. Carla Vista, Suite 6284

 Chandler, Arizona 85246

 (480) 620-4472

PREPARED BY: Laura D. Walker, RPR

 Certified Reporter

 No. 50195

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 104 of 247
Page 8

1 Q. And you were Tyler's direct supervisor? 

2 A. That is correct.

3 Q. And you report to Rob Donat?

4 A. That is correct. Yes.

5 Q. Who made the decision to terminate 

6 Mr. Thacker's employment?

7 A. I did.

8 Q. And what was the reason for the termination of 

9 his employment?

10 A. The reason that I decided that I wanted to 

11 terminate Jeremy was there had been an ongoing issue 

12 with behavioral attitude that was not conducive within 

13 the organization to building a teamwork. It caused a 

14 lot of conflict. 

15 It had been going on for some period of time, 

16 years. I don't know when it was first documented. And 

17 involved him doing things like not being in the office 

18 enough, which caused issues for me managing other 

19 employees, because it was different than what we were 

20 allowing other employees to do. 

21 That behavior from time to time would improve, 

22 would not. There were other also issues with just, 

23 again, attitude. I think you can probably glean from 

24 some of the recordings that were made what I'm talking 

25 about that led to what I felt there being a very 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 105 of 247
Page 9

1 poisonous environment not only for the organization, but 

2 also for Jeremy. 

3 And it was after a very long conversation that 

4 was actually recorded -- I believe that conversation 

5 took place on March 2nd -- that I determined on my way 

6 home that I thought the best thing for the organization 

7 and Jeremy was to terminate employment.

8 Q. So if I understood the timing there, after the 

9 March 2nd meeting is when you made the decision to 

10 terminate?

11 A. Yes.

12 Q. Okay. When was the first time that you 

13 considered termination of his employment?

14 A. Probably the first time that I considered it 

15 was in 2013, when I first documented the performance 

16 issue with not coming into the office and being 

17 untruthful. 

18 Q. Okay. And so in 2013 when you first considered 

19 it, what steps did you take instead of terminating him?

20 A. I documented it, the specific behavior I was 

21 talking about. I spoke to Jeremy about it. We mutually 

22 agreed that this was something that he would work on. 

23 And we moved forward and left it as, you know, 

24 this needs to improve; otherwise, it could lead up to 

25 another write-up and/or termination.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 106 of 247
Page 13

1 thought process and why I had come to the conclusion I 

2 had. 

3 I wanted to discuss it some with him and get 

4 his input as well. And then we mutually agreed that 

5 that was the right decision; but, again, it was a 

6 decision that I had made.

7 Q. And so what did you tell him was your thought 

8 process?

9 A. I told him that my thought process was I don't 

10 see any possible way that Jeremy can continue to work 

11 here in a constructive manner, based on the conversation 

12 we had yesterday. This has been going on and on and on 

13 for years. And I'm done. Personally, I can't invest 

14 any more time in this. I think we have given him every 

15 opportunity to be successful. 

16 And there are two parts to that: There are 

17 what you do and how you do it. And it's the how you do 

18 it that I can't take anymore. And that was the basis 

19 for my decision.

20 Q. Okay. And in response, did Tyler provide any 

21 input other than, "I agree"?

22 A. Not that I can remember.

23 Q. But he expressed that he agreed?

24 A. Yes.

25 Q. So what were the next steps that you took in 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 107 of 247
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1 terms of the termination process?

2 A. So what happened next was we were in the 

3 office, in his office together.

4 Q. His?

5 A. Tyler Mortensen's office.

6 Q. Okay. 

7 A. And Rob Donat entered his office. He did not 

8 ask us what we were speaking about. He merely came in 

9 and said, "I have something I'd like you guys to listen 

10 to. I want to get your input on it." 

11 We said okay. And what he had sent to Tyler 

12 was a recording of Mr. Thacker. And I can't remember 

13 the date of the phone call, but it was a recording of 

14 Mr. Thacker treating a Hyatt employee not well on a 

15 phone call. And he was upset by it because it was done 

16 on a company phone. 

17 He looked to us as far as what we thought about 

18 it. And we listened to it, and Tyler and I literally 

19 looked at each other, and I said, "Well, I would like to 

20 talk to you about what we were talking about before you 

21 came in here. And this is a perfect example of exactly 

22 why we are making the decision that we think we need to 

23 terminate Tyler and want -- or Jeremy." 

24 And that started the discussion that would have 

25 happened anyway, which I would have gone to Rob to let 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 108 of 247
Page 15

1 him know what I had decided to do. And it happened kind 

2 of serendipitously only in that he entered the office 

3 with that recording.

4 Q. Okay. I want to clarify something. 

5 So you mentioned that he came in to Tyler's 

6 office and said, "I want you guys to listen to this." 

7 But in that you said he sent the recording to Tyler. 

8 Had he previously sent that recording to Tyler, 

9 or what did you mean by that? 

10 A. What I meant is I think he listened to a 

11 recording and then I think it was on our phone server. 

12 I think he forwarded that recording to Tyler and then 

13 came down to Tyler's office. I happened to be in there 

14 having this discussion. 

15 And when he came in he said, "Oh, you're both 

16 here. I'd like you to listen to this." 

17 Q. So when he says, "I'd like you to listen to 

18 this," then it gets pulled up on Tyler's computer where 

19 it's been forwarded?

20 A. I believe so, yes.

21 Q. Okay.

22 A. And I don't remember. He may have actually had 

23 Tyler log into the phone system. I don't recall exactly 

24 how we listened to the communication, but it was a 

25 recording off the computer nonetheless. 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 109 of 247
Page 29

1 Q. BY MR. KRESIN: Sure. You've said you produced 

2 everything you had, but were there specific parameters 

3 that you were asked to collect date-wise?

4 MS. FRANCIS: Same instruction.

5 THE WITNESS: No.

6 Q. BY MR. KRESIN: Okay. During Mr. Thacker's 

7 employment, was there any policy regarding dating 

8 amongst employees or management?

9 A. No.

10 Q. I'll have you look at Exhibit 16. 

11 Exhibit 16 is an employee handbook that's been 

12 produced in this case, which on the front indicates an 

13 effective date of February 2018. It's kind of hard to 

14 see because it's printed in black and white. 

15 But I want to ask you about the substance of 

16 some of what's in here and how that related to the 

17 practice of the company at the time of Mr. Thacker's 

18 employment. 

19 A. Okay.

20 Q. On page 7, there's an Equal Employment heading. 

21 And underneath the bullet points there's a paragraph 

22 that states, "The company takes allegations of 

23 discrimination, intimidation, harassment, and 

24 retaliation very seriously and will promptly conduct an 

25 investigation when warranted." 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 110 of 247
Page 30

1 Was that the company's practice at the time of 

2 Mr. Thacker's employment?

3 A. So there was nothing -- this was written first 

4 when this came out, to be clear. And I think even in 

5 the recording that was provided from our conversation I 

6 made it clear that it was my policy that this was never 

7 something that I would condone. 

8 So as a general practice, I think we took these 

9 things very seriously if they were ever brought up.

10 Q. Okay. Clarify a few things. You started out 

11 by saying -- I want to make sure I understood what you 

12 said. 

13 Did you say that there hadn't been a written 

14 policy prior to this handbook? 

15 A. Correct.

16 Q. Okay. But you also said that your practice was 

17 to take those types of allegations very seriously; is 

18 that what I understand?

19 A. I'll clarify.

20 Q. Yes, please. 

21 A. So what -- the way that HR was handled before 

22 we had a more formal process documented was that Wayne 

23 handled benefits and administrative, payroll, things 

24 such as that. The managers were left to administer 

25 human resources from a disciplinary action/performance 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 111 of 247
Page 31

1 management standpoint. 

2 And under that, I would have been the one to 

3 handle such a thing as this if it had been brought to my 

4 attention. And that is how I would have handled it. So 

5 I would have been consistent with this policy.

6 Q. Okay. And so was it -- it says "will promptly 

7 conduct an investigation when warranted." 

8 Is it your understanding that at the time of 

9 Mr. Thacker's employment, it was up to the manager to 

10 determine if it was warranted?

11 A. If it was brought to a manager's attention, I 

12 would have to assume that that would be the case, yes.

13 Q. And so did Mr. Thacker ever bring up that he 

14 felt like Mr. Donat was harassing Ms. Lisson, to you? 

15 Did he ever bring that up to you? 

16 A. No.

17 Q. Did he ever bring up to you that he felt like 

18 he was being retaliated by Mr. Donat?

19 A. For what?

20 Q. Did he ever bring up that he felt like he was 

21 being retaliated in any manner?

22 A. He brought up in the recording that he felt 

23 like he was unfairly judged by Elliot and Rob. And I 

24 disagreed.

25 Q. Did he say what motive he thought led to that 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 112 of 247
Page 32

1 unfair judgment?

2 A. His behaviors.

3 Q. Anything more specific than that, to your 

4 recollection?

5 A. Not that I recall, no.

6 Q. Okay. Did Mr. Thacker ever communicate to you 

7 that he thought he was being retaliated against by 

8 anyone at GPSI because he was standing up for Ms. Lisson 

9 with respect to Mr. Donat?

10 A. No.

11 Q. Did Mr. Thacker bring up to you or anyone else 

12 at GPSI, to your knowledge, that he felt like he was 

13 being retaliated against by anyone at GPSI because he 

14 was involved with Ms. Lisson romantically?

15 A. No.

16 Q. And I don't mean just those specific words. 

17 Anything of that nature that you recall him 

18 bringing up?

19 A. Not prior to his termination.

20 Q. Okay.

21 A. After his termination or during the 

22 termination, he mentioned something of which I had no 

23 knowledge. And I believe I stated that.

24 Q. When you say "during his termination," you mean 

25 during the meeting?

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 113 of 247
Page 33

1 A. Uh-huh. Yes.

2 Q. What did he say during the termination meeting?

3 A. I can't recall exactly. It's on the recording.

4 Q. If you could look at page 10. 

5 A. (Witness complies.)

6 Q. Under the heading Employee References, if you 

7 could review that paragraph and let me know.

8 A. Okay.

9 Q. Is that policy consistent with what the 

10 practice of GPSI was at the time of Mr. Thacker's 

11 termination?

12 A. I believe so, yes.

13 Q. Well, was there -- to your knowledge, was there 

14 a specific Employee Reference Policy prior to this 

15 handbook?

16 A. No.

17 Q. Okay. In terms of how you handled inquiries 

18 prior to this policy or this handbook being issued, was 

19 your practice consistent with this paragraph?

20 A. In general, yes.

21 Q. Do you know whether others in management had 

22 the same practice?

23 A. I do not.

24 Q. At any time since Mr. Thacker's termination, 

25 have you received inquiries from other companies or 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 114 of 247
Page 34

1 other people related to Mr. Thacker, as far as a 

2 reference check? 

3 MS. FRANCIS: Object to form. 

4 THE WITNESS: No.

5 Q. BY MR. KRESIN: Have you heard of anyone at the 

6 company receiving requests for reference checks on 

7 Mr. Thacker since his termination?

8 A. No.

9 MS. FRANCIS: Can we take a break? 

10 MR. KRESIN: Sure.

11 (Short recess from 247 to 2:53 p.m.) 

12 Q. BY MR. KRESIN: Okay. We're back on the 

13 record. 

14 Mr. Walker, could you turn to page 19 of 

15 Exhibit 16?

16 A. (Witness complies.)

17 Q. Under the heading Performance Evaluation it 

18 says, "Employees will generally receive an appraisal of 

19 their job performance annually." 

20 Was that a practice that occurred during 

21 Mr. Thacker's employment?

22 A. Officially, no.

23 Q. What does that mean?

24 A. That means that it wasn't a published like in 

25 this document. There wasn't a formal company review 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 115 of 247
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1 process. 

2 In the sales department, we did start setting 

3 goals and objectives and whatnot for the sales team 

4 based on quotas, territory, plans, things of that 

5 nature, and gave feedback based on that. But it wasn't 

6 official. It wasn't tied to a bonus or a raise or 

7 anything like that. It was more of: Here's what we 

8 think you're doing well. 

9 And we also did that on a weekly basis in 

10 one-to-ones and things of that nature. But it was 

11 really more of an effort to help people improve, whether 

12 it was on skill sets we thought they needed to work on, 

13 things to build their territory better, help them make 

14 more commission. 

15 So it was more of a performance-based thing on 

16 our part to help the company grow more and people 

17 succeed.

18 Q. So there aren't annual performance evaluations 

19 for Mr. Thacker?

20 A. No. Not that I'm aware of.

21 Q. And if they existed, you probably would be 

22 aware of them; isn't that right?

23 A. Yes. With the caveat that if Tyler maybe gave 

24 him one orally or written that I didn't see, but I don't 

25 think so.

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1 Q. Okay. If you could turn to page 51.

2 A. (Witness complies.)

3 Q. Under the heading Telecommuting, is this policy 

4 consistent with the practice during Mr. Thacker's 

5 employment?

6 A. So we didn't have a formal policy on 

7 telecommuting. In general, this follows fairly closely 

8 with what I would have had as a written policy for my 

9 department. 

10 And the way we practiced it, it was something 

11 that was approved on a case-by-case basis and, in 

12 general, again, wouldn't be allowed out of the gate for 

13 an employee because we wanted them to be in the office. 

14 So it generally lines up with what's written here, but 

15 there was nothing official.

16 Q. You said something along the lines of you would 

17 have had that as a policy in your department. 

18 Did you have a written policy for your 

19 department related to this, or you're just saying that's 

20 what the practice was?

21 A. I'm saying that was what the practice was. If 

22 I had had a written policy, it would have probably read 

23 very close to this. But what we did practice was very 

24 close to this description. Not exact, but....

25 Q. Okay. How many people in sales telecommute?

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 117 of 247
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1 thing for Jeremy, which was get him a fair amount for 

2 what this would ultimately be worth. 

3 And that was the basis of that whole 

4 conversation that I was trying to have with Jeremy. 

5 That sometimes I felt waiting a little bit was going to 

6 actually benefit him because I would be able to have a 

7 better business case to present. 

8 Not having that information prohibited me from 

9 doing that, which is why I was not in a rush to do it.

10 Q. In January of 2017, did Mr. Thacker come to you 

11 and express concerns about Rob Donat telling Kristin 

12 Lisson certain things about Mr. Thacker's credit card 

13 use?

14 A. I don't remember.

15 Q. Do you recall Mr. Donat in January 2017 

16 bringing up to you the possibility of transferring 

17 Mr. Thacker -- or Mr. Thacker transferring to Chicago?

18 A. Yes.

19 Q. Okay. How did that come up?

20 A. He came into my office and asked me that exact 

21 question. He actually -- not that exact question. He 

22 asked me, "Have you heard about Jeremy wanting to move 

23 to Chicago?" 

24 And I had, because I think it had been a 

25 discussion that had happened a while back. And I said, 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 118 of 247
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1 And then he had sent me an email talking about 

2 Amerisure and what he wanted done. So that's why the 

3 meeting happened.

4 Q. The meeting was for the purpose of talking 

5 about Amerisure? 

6 A. Among other things, yes.

7 Q. What were the other things that were sort of 

8 the purpose going into the meeting? 

9 MS. FRANCIS: Object to foundation. 

10 THE WITNESS: The purpose was to set 

11 expectations about Amerisure, get us all on the same 

12 page, and have a good understanding of how that was 

13 going to go going forward and what we needed from him so 

14 that I could be successful in what he was asking for.

15 Q. BY MR. KRESIN: In January 2017, do you recall 

16 meeting with Mr. Thacker about his goals for 2017?

17 A. Yes.

18 Q. Did he show you a list of two goals?

19 A. I remember him holding up a piece of paper, and 

20 it had -- I remember one goal. I don't remember two, 

21 but....

22 Q. Well, was one of the goals his relationship 

23 with Kristin Lisson? Was that on that piece of paper?

24 A. Yes.

25 Q. Is that the one you remember?

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1 A. Yes.

2 Q. Would LCRA possibly be the other goal? Does 

3 that -- do you recall that?

4 A. I don't remember.

5 Q. Okay. And in response to seeing the reference 

6 to Kristin Lisson, do you recall what you said to him?

7 A. No.

8 Q. Did you say something about not showing Rob 

9 that?

10 A. I don't remember.

11 Q. Is it possible you said that?

12 A. Yes.

13 Q. How is working remotely different from 

14 telecommuting, in your mind?

15 A. Well, first of all, we hire people locally for 

16 the purpose of having them in the office. And the 

17 reason that we have them in the office is because they 

18 can learn more faster and get up to speed, better 

19 communication, et cetera. 

20 Telecommuting, by definition, to me, are the 

21 people that are local but they work from home every once 

22 in a while. Remote reps are hired with that 

23 specifically in mind. 

24 Some -- we do have an office in Chicago. One 

25 guy works out of that office, but we do have others that 

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1 STATE OF ARIZONA )

 ) ss.

2 COUNTY OF MARICOPA )

3

 BE IT KNOWN that the foregoing testimony 

4

was taken before me, LAURA D. WALKER, RPR, a Certified 

5

Court Reporter, No. 50195; that the witness before 

6

testifying was duly sworn to testify to the whole 

7

truth; that the questions propounded to the witness 

8

and the answers of the witness thereto were taken down 

9

by me in shorthand and thereafter reduced to 

10

typewriting by me or under my direction; that the 

11

foregoing pages are a true and accurate transcript of 

12

all proceedings had upon the taking of said testimony, 

13

all done to the best of my skill and ability.

14

15

 I FURTHER CERTIFY that I have complied with 

16

the ethical obligations set forth in the Arizona Code 

17

of Judicial Administration 7-206(F)(3) and Arizona 

18

Code of Judicial Administration 7-206 J(1)(g)(1) and 

19

(2).

20

21

 I FURTHER CERTIFY that I am in no way related 

22

to any of the parties hereto nor am I in any way 

23

interested in the outcome hereof.

24

25

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 121 of 247
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1 

2 DATED at Chandler, Arizona, this 28th day of 

3 May, 2018.

4

 Laura D. Walker, RPR 

5 Certified Reporter No. 50195 

6

 * * * * * * *

7

8

 I CERTIFY that WALKER COURT REPORTING, a 

9

Registered Reporting Firm in the State of Arizona, has 

10

complied with the ethical obligations set forth in the 

11

Arizona Code of Judicial Administration 

12

7-206(J)(1)(g)(1) and (2).

13

14

15

 ________________________

16

 Walker Court Reporting

17

 Registered Reporting Firm

18

 No. R1046

19

20 

21 

22

23

24

25

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 122 of 247
EXHIBIT G 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 123 of 247
Fijitsu America, Inc. - Dominic Lanaway - September 10, 2018

Job No. 2976215

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF ARIZONA

3

JEREMY THACKER, )

4 )

 Plaintiff, )

5 )

VS. ) No. 2:18-cv-00063-PHX-DJH

6 )

GPS INSIGHT, LLC; ROBERT )

7 J. DONAT, Individually and )

as Trustee of the Robert )

8 Donat Living Trust Dated )

April 19, 2017, )

9 )

 Defendants. )

10

11 ORAL AND VIDEOTAPED 30(b)(6) DEPOSITION OF

12 FUJITSU AMERICA, INC.

13 DOMINIC LANAWAY

14 SEPTEMBER 10, 2018

15 VOLUME 1 of 1

16 -----------------------------------

17 ORAL AND VIDEOTAPED DEPOSITION OF DOMINIC LANAWAY,

18 produced as a witness at the instance of the DEFENDANT,

19 and duly sworn, was taken in the above-styled and

20 numbered cause on September 10, 2018, from 10:13 a.m. to

21 4:37 p.m., before Wendy S. Schreiber, CSR No. 9383, in

22 and for the State of Texas, reported by machine

23 shorthand, at the law offices of STINSON LEONARD STREET,

24 LLP, 3102 Oak Lawn Avenue, Suite 777, Dallas, Texas,

25 pursuant to the Texas Rules of Civil Procedure and the

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Job No. 2976215

1 provisions stated on the record or attached hereto.

2 Job No. 2976215

3

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Job No. 2976215

1 But, again, of course, I'll go back to the

2 belief that if you felt that it was an unachievable or

3 unrealistic environment, then as a high-class

4 salesperson you would go do something else for another

5 organization.

6 So it's not -- it's not a fair reflection

7 to look at Air New Zealand and the context behind how we

8 engage with them and why and then try to extrapolate

9 that out into saying it's, therefore, a three-year sales

10 cycle. How on earth can I sell it in this year. That

11 would be an untrue reflection of Air New Zealand as a

12 stand-alone engagement.

13 MR. WILLIS: Counsel, how much --

14 Q. (BY MR. SILENCE) Have you ever provided a

15 written warning to be terminated?

16 A. I beg your pardon?

17 Q. Do you know whether Jeremy was ever provided a

18 written warning notifying him that he'd be terminated if

19 he didn't correct his behavior or attitude?

20 A. No, I don't believe so. A written warning

21 specifically? No, I don't believe that we did or that

22 we were required to.

23 Q. When did Jeremy allegedly call you an idiot?

24 A. In one of the QBRs in Dallas. And, as I said,

25 it -- it didn't really bother me that much so -- I mean,

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1 perfect, that's a matter for personal opinion. We did

2 the very best. If I had my time again knowing today

3 what -- knowing then what I know today, of course we

4 would have done some things differently. But was it

5 what we expected? No. It was what we had to react to

6 in a small startup and we just tried to be honest and we

7 tried to be open and we tried to have the best endeavors

8 and if individuals didn't agree or didn't feel that it

9 was the right thing to do, then they could always

10 decide, as some did, to leave and go do something else.

11 Q. So to sum up then, GlobeRanger's top sales reps

12 made about $1,000 -- strike that.

13 So to sum up, GlobeRanger's top sales reps

14 made about $1,000 per month in commissions in 2017,

15 correct?

16 MR. PALYS: Object to form.

17 THE WITNESS: That's my rough estimation

18 based on recollection.

19 Q. (BY MR. SILENCE) And as of June 2018,

20 GlobeRanger did not employ any salespeople in the United

21 States, correct?

22 A. We -- we -- sorry, let me just be sure I'm

23 clear. We didn't employ any salespeople in 2018? No,

24 we didn't.

25 Q. Well, as of June 2018, that's when GlobeRanger

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1 no longer employed any salespeople in the United States,

2 correct?

3 MR. PALYS: Object to form.

4 THE WITNESS: That's correct. But, again,

5 my personal feeling there is you are over simplifying

6 that statement to reflect as positively as you can for

7 the benefit of this conversation and your client. So if

8 I need to repeat that, I will, okay? We had a decision

9 as a company, at Fujitsu Corporate level, as to whether

10 we would put $10 million into GlobeRanger to redevelop

11 or continue to develop the product and because we

12 decided -- or it's out of our hands in Japan -- they

13 decided it was more cost effective and would be more

14 strategically advantageous is that they are looking at

15 bringing in -- or as we speak moving GlobeRanger

16 customers to an alternative platform.

17 So with that in mind it would have been

18 insane to hire new salespeople. So as long as we can

19 just be clear that there is a matter of context and

20 events that lead up to June rather than simply saying in

21 June 2018 we just stopped hiring any salespeople. That

22 doesn't necessarily reflect the -- the situation in its

23 truth.

24 Q. Right. But as of -- it's a yes-or-no answer.

25 As of June 2018, GlobeRanger employed no salespeople in

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1 the United States, correct?

2 MR. PALYS: Object to form.

3 THE WITNESS: Not directly but that is

4 correct.

5 Q. (BY MR. SILENCE) And Fujitsu retained one of

6 the 12 salespeople that GlobeRanger hired in May 2017,

7 correct?

8 A. Correct.

9 Q. And in total -- strike that. And the total

10 revenue for 2017 the company did less than the quota for

11 one salesperson, correct?

12 MR. PALYS: Object to form.

13 THE WITNESS: Yeah, that's correct.

14 MR. SILENCE: Okay. I have no further

15 questions.

16 MR. PALYS: Before we're off, Ray, do you

17 have any questions? I think Ray is not on the line

18 anymore. I have one follow-up.

19 FURTHER EXAMINATION

20 Q. (BY MR. PALYS) If you have Exhibit 128 in

21 front of you still, it's the November 1st, 2017, comp

22 plan.

23 A. Yes, I do.

24 Q. Does Exhibit 128 tell you what commission

25 Mr. Thacker would have earned on a closed sale?

Page 203

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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 130 of 247
EXHIBIT H 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 131 of 247
OTTMAR & ASSOCIATES 602-485-1488

ottmarassoc.com

 UNITED STATES DISTRICT COURT

 for the

 District of Arizona

 Jeremy Thacker, )

 )

 Plaintiff, )

 )

 v. ) Civil Action No.

 ) 2:18-cv-00063-DJH

 GPS Insight, LLC; Robert Donat, )

 individually, )

 )

 Defendant. )

 ________________________________ )

 DEPOSITION OF ELLIOT BATCHELLER

 Phoenix, Arizona

 August 23, 2018

 10:00 a.m.

 PREPARED FOR:

 ATTORNEY AT LAW

 (COPY)

 Reported by:

 Lauren Kuhnhenn, RPR

 Arizona CCR 50916

 AZ Registered Reporting Firm No. R1008

 Lauren Kuhnhenn

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 1 Q. Has Mr. Donat ever expressed his sentiment to

 2 you about Mr. Thacker in this lawsuit?

 3 A. He believes that Mr. Thacker, you know, is --

 4 once again, this is an unfounded claim. That's the

 5 extent of it. I -- and that is my -- my approach to

 6 the whole thing. I honestly -- we have a business to

 7 run. I have not -- you know, I've been -- you know,

 8 you're having me be deposed, but beyond that my

 9 involvement in this is nil.

 10 Q. Has Mr. Donat ever expressed to you that he

 11 hates Mr. Thacker?

 12 A. No.

 13 Q. Has Mr. Donat ever told you that he wants to

 14 outspend Mr. Thacker in this lawsuit in the hopes that

 15 he'll drop his claims?

 16 A. No.

 17 Q. Has Mr. Donat ever said anything disparaging

 18 about Mr. Thacker to you?

 19 A. Yes.

 20 Q. I'll break it up into pieces. What

 21 disparaging things has Mr. Donat said about Mr. Thacker

 22 after this lawsuit was filed?

 23 A. I think they align with his sentiments that he

 24 communicates to Kristin; they're along the same lines.

 25 That's -- you know, he -- he -- we have the background

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 1 information, and it mirrors that information. That's

 2 his basis is my understanding, is what -- it seems to

 3 align.

 4 Q. What seems to align?

 5 A. That the findings from the -- what we have

 6 from organizationally, the antidote information we have

 7 from complaints internally, as well as the information

 8 that was uncovered as a result of, you know, him

 9 looking into Mr. Thacker's background.

 10 Q. Right. But what were the specific words or

 11 comments that Mr. Donat made about Mr. Thacker after

 12 the lawsuit was filed?

 13 MS. FRANCIS: Object to form.

 14 THE WITNESS: I think we have --

 15 Mr. Donat has alluded to the fact it took place of --

 16 of company property or the purchase was made with

 17 company funds. About Mr. Thacker's financial

 18 background. He has made allusions to Mr. Thacker's

 19 previous relationships. And I think that pretty well

 20 covers it.

 21 BY MR. SILENCE:

 22 Q. To the best of your knowledge, who has

 23 Mr. Donat talked to after this lawsuit was filed about

 24 those three issues?

 25 MS. FRANCIS: Object to foundation and

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 1 the litigation or the lawsuit. That was a component of

 2 the termination; one component that we -- you know, we

 3 cross that bridge a few times. So I know that was

 4 discussed. I know -- and then, you know, the

 5 conversations I've been privy to, you know, would be

 6 back to my prior answer, you know, where basically

 7 following in line with what was discovered in the

 8 background and what Mr. Donat had uncovered with the

 9 recordings and Mr. Thacker's tone, that he takes with

 10 individuals when it doesn't serve his own purposes.

 11 BY MR. SILENCE:

 12 Q. I thought I heard you say that he talked to

 13 you about three issues: Theft of the company cards,

 14 your words were his financial background, and his

 15 previous relationships. Help me understand what is --

 16 what did he tell you about Jeremy's financial

 17 background?

 18 A. He -- he just alluded to what was in the

 19 credit record. And I -- again, without -- I don't

 20 recall specifics just that there was, you know,

 21 financial history that was not -- you know, it was not

 22 good. I guess that's -- but, again, without going into

 23 great specifics. And I can state unequivocally,

 24 I've -- outside of my role in this, it's not something

 25 that I go out of my way -- I actually go out of my way

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 1 to avoid discussing this lawsuit, as it's simply a

 2 distraction for me, quite frankly.

 3 Q. Why did Mr. Donat tell you that he didn't

 4 believe --

 5 MR. SILENCE: Do you mind reading back

 6 what he said about the -- his previous answer.

 7 (Requested portion of record read.)

 8 BY MR. SILENCE:

 9 Q. So what did Mr. Donat tell you what the reason

 10 that he thought Jeremy's financial history was not

 11 good?

 12 A. I believe it was based on reviewing the credit

 13 report. I believe there was a credit report obtained

 14 by Mr. Donat's attorneys.

 15 Q. Do you know how Mr. Donat obtained -- did he

 16 request a copy of the credit record from his attorneys,

 17 do you know?

 18 A. I don't --

 19 MS. FRANCIS: Object to foundation.

 20 THE WITNESS: I do not know.

 21 BY MR. SILENCE:

 22 Q. Has Mr. Donat ever talked to you about the

 23 information in any other employees' credit report?

 24 A. No.

 25 Q. And the third thing you said he talked to you

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 1 believe I put a charge one time and -- and repaid it,

 2 and -- and might have brought it to Rob's attention,

 3 but not reprimanded.

 4 BY MR. SILENCE:

 5 Q. Have you ever gone to a strip club with GPSI

 6 employees and used the GPSI company card to pay for it?

 7 MS. FRANCIS: Objection asked and

 8 answered.

 9 MR. SILENCE: I don't --

 10 MS. FRANCIS: He answered that exact

 11 question already.

 12 MR. SILENCE: I don't think it was GPSI

 13 employees. I think I said friends and customers.

 14 MS. FRANCIS: No. But go ahead. He can

 15 answer it again.

 16 THE WITNESS: Yes.

 17 BY MR. SILENCE:

 18 Q. Which GPSI employees?

 19 A. I don't recall. It would have been -- I don't

 20 recall. Rob was with -- at one time. And members of

 21 the sales team would be ...

 22 So ...

 23 Q. Was it more than once that you went to the

 24 strip club with the GPSI employee and used the company

 25 card to pay for it?

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 1 the recent complaint.

 2 Q. Do you know what, if anything, GPSI did to

 3 address those complaints?

 4 A. We reached out to that employee's CEO, and

 5 named the employee.

 6 Q. And told them what?

 7 A. What happened and gave them the -- the content

 8 and from there, we've done our reporting. It's not our

 9 employee. It's -- I -- we notified our employees what

 10 we had done to let them know that we take that

 11 seriously, that we had followed up with his -- his --

 12 well, CEO had been made aware of his actions and that

 13 was where we left it.

 14 Q. Has GPSI ever provided formal sexual

 15 harassment or discrimination training to its management

 16 team?

 17 A. We have not done any sort of formal training

 18 onsite. We have -- throughout time, we have used PEOs,

 19 which are professional employment organizations, all of

 20 which have significant content in their respective

 21 portals whether that be -- today it's called Insperity,

 22 our company called Co-Advantage, a company called SOI

 23 which is now trying -- so we have -- we have posters.

 24 We have all the labor law posters posted, but no

 25 formal -- we have not brought in a -- an expert from

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 1 the field to provide that training. Although many of

 2 us have had that training in previous positions.

 3 Q. Has any informal sexual harassment training

 4 been provided to GPSI management?

 5 MS. FRANCIS: Object to form. Asked and

 6 answered.

 7 THE WITNESS: The same holds true. The

 8 same -- that -- I would define that almost as somewhat

 9 informal in that it's documented. It's there. It's

 10 available for us as a resource. We have the posters.

 11 We have the content online and have a handbook, of

 12 course.

 13 BY MR. SILENCE:

 14 Q. What specific documents were you provided that

 15 discuss --

 16 A. I --

 17 Q. -- claims of harassment or discrimination?

 18 A. I don't know. It would have been a component

 19 of their respective handbooks because we were leased

 20 employees for those firms.

 21 Q. Does GPSI have an employee handbook in place

 22 now?

 23 A. We do.

 24 Q. Do you know when that went into affect?

 25 A. Sometime over the last 12 months as a part of

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 1 our compliance process with the federal government

 2 guideline.

 3 Q. When Jeremy was employed at GPSI, did -- to

 4 the best of your knowledge, did GPSI have any employee

 5 handbook?

 6 MS. FRANCIS: Object to foundation.

 7 THE WITNESS: Not that it was required

 8 for review for employment by GPSI employees.

 9 BY MR. SILENCE:

 10 Q. Where was the handbook kept during that time?

 11 A. The content would have been online.

 12 Q. On what --

 13 A. I -- I -- I do not know. Whether that's in

 14 our knowledge base, which is primarily where most of

 15 that documentation lives, or in, you know, a box file

 16 or simply in the hands of our controller and who serves

 17 at the time as the HR arm of the organization.

 18 Q. Do you know who drafted that handbook?

 19 A. It would have been a collaboration between all

 20 our HR resource that we have, and all our -- I

 21 mentioned Human Capital Management and our benefits

 22 broker offers an HR liaison, if you will. We -- we

 23 have, you know, Wayne Holder [phonetic], the controller

 24 who works with them in drafting the handbook. Gary

 25 Fitzgerald who worked very close with them in drafting

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 1 the handbook because the handbook includes a lot of IT.

 2 As a software company, you would expect a lot of IT

 3 security components. So there were a number of

 4 individuals involved.

 5 Q. Do you believe that the handbook that was --

 6 existed at that time contained harassment or

 7 discrimination policy?

 8 A. I don't know. I don't.

 9 Q. As a core value, how important is loyalty to

 10 Mr. Donat?

 11 MS. FRANCIS: Object to foundation.

 12 THE WITNESS: That's a subjective

 13 measure. I -- I think loyalty is important to all of

 14 us.

 15 BY MR. SILENCE:

 16 Q. Do you know whether Mr. Donat values loyalty

 17 more than others?

 18 MS. FRANCIS: Object to form and

 19 foundation.

 20 THE WITNESS: I don't. I could not say.

 21

 22 BY MR. SILENCE:

 23 Q. Are you aware of anyone at GPSI selling drugs

 24 at any time on GPSI company property?

 25 A. No.

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 1 our disclosures, knowing you what you know about

 2 Mr. Donat, are you really going to look the jury in the

 3 eye and say that you have no clue whether Mr. Donat's

 4 decision to terminate Kristin was motivated by her

 5 refusing to get back with him?

 6 MS. FRANCIS: Objection. Asked and

 7 answered now three times. He's not going to answer it

 8 again.

 9 BY MR. SILENCE:

 10 Q. If you don't want to -- do you want to change

 11 your answer?

 12 A. No.

 13 Q. Other than telling Mr. Donat to stop

 14 communicating with Kristin, did you make any efforts to

 15 ensure that he followed your instructions?

 16 A. I did what I could do. I took every

 17 precaution I could. I don't have access to Mr. Donat's

 18 phone. I can't block Mr. Donat's number for Kristin.

 19 I can't block Ms. Lisson's number from Rob. I did what

 20 I can do. I cannot physically restrain somebody.

 21 So if something took place, I -- I did

 22 what I could do and what I committed to doing, what I

 23 told Kristin I would do. I followed through with all

 24 of that. And that that's what I can do, and that's --

 25 I think that's reasonable for anybody.

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 1 Q. But my question was: Did you -- I understand

 2 you're in a difficult spot and you can't tackle him,

 3 but is there anything else you did other than tell

 4 Mr. Donat stop communicating with her?

 5 MS. FRANCIS: Object to form and

 6 foundation.

 7 THE WITNESS: I used big bold letters.

 8 BY MR. SILENCE:

 9 Q. In an e-mail or text?

 10 A. I don't -- whatever I sent. It was all -- it

 11 was in all caps, I know that.

 12 Q. Does Mr. Donat typically listen to you when

 13 you give him instructions like that?

 14 A. He takes it under consideration.

 15 Q. Have you ever referred -- well ...

 16 How did you first learn of Kristin's

 17 termination?

 18 A. I don't recall. I -- I don't recall. I would

 19 guess it was Jason.

 20 Q. Do you know how Jason communicated that to

 21 you?

 22 MS. FRANCIS: Object to foundation.

 23 THE WITNESS: I don't recall.

 24 BY MR. SILENCE:

 25 Q. What was your reaction when you learned that

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 1 STATE OF ARIZONA )

 ) ss.

 2 COUNTY OF MARICOPA )

 3 BE IT KNOWN that the foregoing proceedings were

 taken before me; that the witness before testifying was

 4 duly sworn by me to testify to the whole truth; that

 the foregoing pages are a full, true and accurate

 5 record of the proceedings, all done to the best of my

 skill and ability; that the proceedings were taken down

 6 by me in shorthand and thereafter reduced to print

 under my direction.

 7

 I CERTIFY that I am in no way related to any of

 8 the parties hereto nor am I in any way interested in

 the outcome hereof.

 9

 [ ] Review and signature was requested.

 10 [X] Review and signature was waived.

 [ ] Review and signature not required.

 11

 I CERTIFY that I have complied with the ethical

 12 obligations set forth in ACJA 7-206(F)(3) and ACJA

 7-206( J)(1)(g)(1) and (2). Dated at Phoenix, Arizona,

 13 this 7th day of September, 2018.

 14

 15

 16

 17 _______________________________________

 Lauren Kuhnhenn, RPR

 18 Arizona Certified Reporter No. 50916

 19 I CERTIFY that OTTMAR & ASSOCIATES, INC., has

 complied with the ethical obligations set forth in ACJA

 20 7-206 (J)(1)(g)(1) through (6).

 21

 22

 23

 24 _______________________________________

 OTTMAR & ASSOCIATES, INC.

 25 AZ Registered Reporting Firm No. R1008

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 144 of 247
EXHIBIT I 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 145 of 247
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 UNITED STATES DISTRICT COURT

 FOR THE DISTRICT OF ARIZONA

 JEREMY THACKER, )

 )

 Plaintiff, )

 ) Civil Action No.

 vs. ) 2:18-cv-000630-DJH

 )

 GPS INSIGHT, LLC; ROBERT DONAT, )

 individually, )

 )

 Defendants. )

 _________________________________ )

 DEPOSITION OF TYLER MORTENSEN

 Phoenix, Arizona

 August 24, 2018

 10:00 a.m.

 PREPARED FOR:

 ATTORNEY AT LAW

 (COPY)

 Reported by:

 Robin Jasper, RPR

 CCR No. 50286

 AZ Registered Reporting Firm No. R1008

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 1 him to be involved with somebody when there was an affair

 2 going on, and that she was currently married.

 3 I said if they wanted to have a relationship

 4 or if they were going to do that, keep it outside of

 5 public, let her go through a divorce, and if you guys want

 6 to have a relationship after that's happened, that's what

 7 I would suggest that you do.

 8 Q. Do you recall Jeremy discussing having a

 9 relationship with Kristin in his annual review with you

 10 and Jason Walker on January 11, 2017?

 11 A. No, not that I recall.

 12 Q. Do you recall Jeremy showing you his goals for

 13 the year, one of them was LCRA and another was Kristin,

 14 and Kristin was crossed out?

 15 MS. FRANCIS: Object to form.

 16 THE WITNESS: I do remember him holding the

 17 paper, vaguely, I do remember that. I think it did have

 18 those two things on it.

 19 BY MR. SILENCE:

 20 Q. To the best of your recollection, it had LCRA and

 21 Kristin and the word "Kristin" was crossed out?

 22 MS. FRANCIS: Object to form, asked and

 23 answered.

 24 THE WITNESS: I do recall.

 25 BY MR. SILENCE:

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 1 A. Nothing that was not approved outside of

 2 business, no.

 3 Q. Are you aware of the amount of the expense report

 4 that Mike Mac submitted for 2016?

 5 A. I remember rough numbers.

 6 Q. What do you remember the numbers to be?

 7 A. Well, I may not remember it correctly. That was

 8 either his budget -- I know it was a lot, more than

 9 $50,000.

 10 Q. Do you recall whether it was more than $100,000?

 11 A. I don't recall specifically. He didn't report to

 12 me that year. I think it might have been over $100-. I

 13 do recall $110- or $120-, maybe. But I don't know for

 14 sure that that's right.

 15 Q. Are you aware of a background check being pulled

 16 on Jeremy Thacker?

 17 MS. FRANCIS: I'm going to instruct you not

 18 to disclose anything that you have learned through

 19 privileged communications or through management talking

 20 about the defense of this action.

 21 THE WITNESS: Okay. I can't respond to

 22 that, then.

 23 BY MR. SILENCE:

 24 Q. Have you seen a copy of the background report?

 25 MS. FRANCIS: Object to form.

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 1 STATE OF ARIZONA )

 ) ss.

 2 COUNTY OF MARICOPA )

 3 BE IT KNOWN that the foregoing transcript was taken

 before me; that the witness before testifying was duly

 4 sworn by me to testify to the whole truth; that the

 foregoing pages are a full, true and accurate record of

 5 the proceedings, all done to the best of my skill and

 ability; that the proceedings were taken down by me in

 6 shorthand and thereafter reduced to print under my

 direction.

 7

 I CERTIFY that I am in no way related to any of the

 8 parties hereto nor am I in any way interested in the

 outcome hereof.

 9

 [X] Review and signature was requested.

 10 [ ] Review and signature was waived.

 [ ] Review and signature not requested/required.

 11

 I CERTIFY that I have complied with the ethical

 12 obligations set forth in ACJA 7-206(F)(3) and ACJA 7-206

 (J)(1)(g)(1) and (2). Dated at Phoenix, Arizona, this 7th

 13 day of September, 2018.

 14

 15

 16

 ______________________________________

 17 Robin Jasper, RPR

 Arizona Certified Reporter No. 50286

 18

 19 I CERTIFY that OTTMAR & ASSOCIATES, INC., has

 complied with the ethical obligations set forth in ACJA

 20 7-206(J)(1)(g)(1) through (6).

 21

 22

 23

 24 ______________________________________

 OTTMAR & ASSOCIATES, INC.

 25 AZ Registered Reporting Firm No. R1008

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 149 of 247
EXHIBIT J 

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DEPOSITION OF JEREMY NOEL THACKER, 08/21/2018

CARRIE REPORTING, LLC - Certified Reporters

(480) 429-7573

1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Jeremy Thacker,

Plaintiff,

v.

GPS Insight, LLC; Robert

J. Donat, individually

and as Trustee of The

Robert Donat Living Trust

Dated April 19, 2017,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

No. 2:18-cv-00063-PHX-DJH

VIDEOTAPED DEPOSITION OF JEREMY NOEL THACKER

Phoenix, Arizona

August 21, 2018

9:05 a.m.

CERTIFIED COPY

Reported by: CARRIE REPORTING, LLC

CARRIE A. CARIATI Certified Reporters

Registered Professional Reporter 2415 East Camelback Road

Certified Realtime Reporter Suite 700

Certified LiveNote Reporter Phoenix, AZ 85016

Arizona CR No. 50355 (480)429-7573

carrie@carriereporting.com

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 151 of 247
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DEPOSITION OF JEREMY NOEL THACKER, 08/21/2018

CARRIE REPORTING, LLC - Certified Reporters

(480) 429-7573

15

information off any work computers at GPSI?

MR. SILENCE: Objection. Form.

THE WITNESS: Repeat the question.

MS. FRANCIS: Carrie, can you read it back

to him?

(The following requested portion of the

record was read back by the reporter.)

"QUESTION: Prior to your termination, did

you delete information off any work computers at GPSI?"

THE WITNESS: Yes.

BY MS. FRANCIS:

Q. Why?

A. Because I deleted things in the regular workday

that were no longer needed, meeting invites that were

expired or didn't happen, things along those lines. I

mean, it is just the normal course of business. There is

no requirement for keeping everything.

Q. Did you wipe your computer clean?

MR. SILENCE: Objection. Form.

THE WITNESS: Yes.

BY MS. FRANCIS:

Q. Why?

A. To prevent my personal information from being

obtained by a jealous owner and used against me in -- more

importantly against others as a weapon like he had

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DEPOSITION OF JEREMY NOEL THACKER, 08/21/2018

CARRIE REPORTING, LLC - Certified Reporters

(480) 429-7573

16

previously.

Q. What type of personal information did you have

on your computer that you were concerned about Mr. Donat

seeing?

A. Other employees talking about him or situations

that -- my personal relationship, just personal

conversations for the most part, and I didn't want him

having access to that.

Q. And that information was maintained on your

laptop hard drive?

A. No.

Q. Where was that information maintained?

A. Well, depends on which information you are

talking about.

Q. I am talking about the information you just

testified to.

MR. SILENCE: Objection. Form.

THE WITNESS: The information -- the

information that was wiped from the PC, some of it was

maintained in the cloud. Some of it was -- I mean, the

operating system was on the hard drive.

BY MS. FRANCIS:

Q. And you wiped the hard drive clean?

A. I wiped the hard drive clean, correct.

Q. And there is no -- to your knowledge, is there

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any copy of that information maintained anywhere?

MR. SILENCE: Objection. Form.

THE WITNESS: There is.

BY MS. FRANCIS:

Q. Of the personal information that was on your

hard drive?

A. Yes.

Q. Where is that maintained, to your knowledge?

A. In the cloud. It was all Google --

MR. SILENCE: Objection. Form to that

previous question.

BY MS. FRANCIS:

Q. Whose Google account is it maintained on?

A. It was mine.

Q. Have you provided that information in this

litigation?

A. I have, and before.

Q. You provided a complete copy of everything that

was on your hard drive before you wiped it clean?

A. I provided a copy of all work-related

information.

Q. Did you provide a copy of the information that

you testified about that was personal in nature but

related to coworkers and your relationship?

A. I have, yes.

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Q. When did you provide that?

A. At discovery whenever I had -- whenever we

turned over production.

Q. You testified previously that you provided all

work-related information. I want to be --

A. I provided that earlier --

Q. Let me finish my question.

A. Okay.

Q. I want to be specific as to the personal

information you said that you didn't want Mr. Donat to

have access to.

A. Um-hum, okay.

Q. When did you disclose that information?

A. Exchange of ESI in -- March 27th, was it?

Q. Did you delete any Slack messages off of any

work computers?

A. Yes.

Q. When did you do that?

A. Prior February.

Q. I am looking for a specific date.

A. I don't have a specific date. It would have

been February.

Q. What could you look at that would remind you as

to when you deleted that information?

A. I could look at security logs if you provide

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them.

Q. Security logs for what?

A. Slack.

Q. How did you delete Slack messages?

A. I don't remember how I deleted them.

Q. Did you log into a specific account that you are

associated with in Slack?

A. Yeah, I have just my account. I don't have

anything else.

Q. That was a work-based account?

A. Yes.

Q. Why did you delete Slack messages?

A. Same reason I gave for the other, which is the

-- I -- just sometimes we would talk about personal

information on Slack, and I didn't think that was

anybody's business.

Q. Did you delete only personal information, or did

you delete your entire Slack account?

A. I did not delete my entire Slack account.

Q. Did you delete all the messages in your Slack

account?

A. No.

Q. What did you do in Slack when you deleted

messages? Describe it for me.

A. I deleted certain threads, I believe.

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Q. Which threads?

A. I don't know.

Q. To your knowledge, are copies of those messages

maintained anywhere?

A. I don't know. I don't have that information.

Q. Did you keep copies of any of the messages

before you deleted them?

A. I did not.

Q. Did you delete anything else off of your work

computer or network?

A. Anything else in addition to -- I don't know

what you are -- in addition to what?

Q. In addition to what we already talked about. We

talked about you wiping --

A. Wiping the computer clean, so, no, I think that

would pretty much cover it.

Q. Well, then you went in and deleted Slack

messages, true?

A. No, I had already gone in and deleted Slack

messages. Not true.

Q. Okay. Sometime in February you deleted Slack

messages?

A. Correct.

Q. Did you delete anything else off of the GPSI

network prior to your termination --

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A. "Okay."

Q. When did this happen?

A. Between '14, '15. I don't -- I don't recall the

exact day.

Q. Did you enter into an agreement to repay those

amounts?

A. I entered into an agreement after that when the

auditors came in and needed documentation.

Q. What did you agree to repay?

A. The amount I had used in personal expenses.

Q. How much was it?

A. I don't recall. Something around $6,000. I

don't -- I don't know the exact amount.

Q. Did Rob tell you that you couldn't charge

personal expenses on the account?

A. I don't recall.

Q. You recall that he was upset with you, though?

A. I recall that he was upset, yes.

Q. You don't recall whether or not you should stop

charging personal expenses?

A. No, I don't recall.

Q. After your conversation with Rob, did you

believe that it -- you were authorized to continue to

charge personal expenses on the company credit card?

A. To Rob or to my direct supervisors? It is a

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A. I told Tyler there is certain things I didn't --

I didn't like the way that certainly people interacted

with customers of mine.

Q. Who -- who were you speaking of?

A. Brent Eynon or Mike Mac (sic) would be the two

that I can think of.

Q. Do you know if either of those people ever

complained about you?

A. Not that I have ever been told.

Q. When did your relationship with Kristin Lisson

start?

A. We started work in 2013.

Q. What was her position in relation to yours?

A. She was -- at the time, I don't know. I don't

know what her position was when she started.

Q. How often did you interact with her when she

started?

A. Not much.

Q. Did that change?

A. Yes.

Q. When?

A. Mostly when I moved to -- probably starting in

2015, somewhere in the middle of 2015, but definitely in

2016 when I was given a promotion.

Q. When were you given a promotion?

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I also went from working for Tyler

Mortensen to working directly for Jason Walker, the VP of

sales.

Q. Didn't Tyler assume your supervision in January

of 2016?

A. Nope. He did in January 2017 when he got

promoted.

Q. So in January of 2016, you reported to Jason

Walker, correct?

A. Correct.

Q. And then in January of 2017, you began reporting

to Tyler Mortensen?

A. Again, yes.

Q. What was Tyler's change in title in January of

2017, if you know?

A. I believe he went to the national director of

sales or something along those -- I -- I don't really

know.

Q. Do you know what his title was prior to that?

A. Maybe director of sales.

Q. Are you guessing or do you know?

A. I am guessing -- yeah, I am guessing.

Q. When did your romantic relationship with

Ms. Lisson begin?

A. The very end of -- after Christmas or something

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A. I don't believe so.

Q. When did you move in together?

A. Officially or unofficially?

Q. Both.

A. She moved into the condo complex where I lived

in January.

Q. January of what year?

A. 2017.

She had her own place but it was probably

500 yards from mine, so for all intents and purposes, I

stayed with her most of the time, but I maintained my own

residence and my stuff was there.

Q. And you had a roommate at the time?

A. I did.

Q. To your knowledge, when did Mr. Donat first know

of your romantic relationship with Ms. Lisson?

A. First knew about it -- first time that he knew

for certain about it was January 10th, but I believe he

probably knew something about it prior to that.

Q. January 10th is the date that Ms. Lisson told

him about your relationship?

A. That was the date, but December 25th he told her

not to marry Robert or I, so it seems like there would be

some indication that he knew something was going on.

Q. Well, he had observed her interacting with you

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Q. Tell me specifically what you told your managers

about the sexual harassment of Ms. Lisson by Mr. Donat.

A. So it was an annual review meeting. Jokingly,

because I had a good relationship with Tyler and Jason, I

took in my annual goals. And on a piece of paper, I

had -- No. 1 was Kristin Lisson. No. 2 was Lower Colorado

River Authority.

And No. 1, I had put a line through as my

goals for 2017. And I handed it to Jason and Tyler and we

all laughed. And Jason said to me, "Do not let Rob see

this," which I thought was little strange at the time.

And we had the meeting.

At the end of the meeting, I told Jason and

Tyler that the day before Kristin had met with Rob and

told him about our relationship for the first time, and

Rob's response to that, that I owed the company money.

When I said it, Jason immediately responded

and said: Completely makes sense why he came by my office

earlier and asked about moving -- about you --

transferring you to Chicago.

And then Tyler and Jason looked at each

other, like, oh, shit, and they -- then we had a

conversation about, hey -- Tyler said: Rob knows he

cannot fire you for dating Kristin because it is illegal,

but he is going to have his eye out on you. So you have

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Q. March 2nd and what date?

A. March 6th.

Q. And you produced both of those recordings?

A. I did.

Q. Did you alter the recordings in any way?

A. In no way.

Q. Did they -- strike that.

Did the recording capture the entire

conversations you had with GPSI management on those dates?

A. Not in the March 2nd meeting.

Q. What happened?

A. It stopped after an hour.

Q. Why?

A. It was the limitation of the recording software

I was using.

Q. How much longer did the conversation last after

the recording stopped?

A. I don't know the answer to that. It stopped

after an hour, and then when I realized that it had

stopped, I turned it back on and recorded the rest of the

conversation.

Q. How much time had lapsed that wasn't recorded?

A. Couldn't tell you. Maybe -- I think it was

probably close to 30 or 45 minutes.

Q. How did you turn it back on in the presence of

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DEPOSITION OF JEREMY NOEL THACKER, 08/21/2018

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CERTIFICATE

I HEREBY CERTIFY that the foregoing deposition

was taken by me pursuant to notice; that I was then and

there a Certified Court Reporter for the State of Arizona,

and by virtue thereof authorized to administer an oath;

that the witness before testifying was duly sworn by me to

testify to the whole truth and nothing but the truth;

pursuant to request, notification was provided that the

deposition is available for review and signature; that the

questions propounded by counsel and the answers of the

witness thereto were taken down by me in shorthand and

thereafter transcribed through computer-aided

transcription under my direction, and that the foregoing

typewritten pages contain a full, true, and accurate

transcript of all proceedings had upon the taking of said

deposition, all done to the best of my skill and ability.

I FURTHER CERTIFY that I am in no way related to

nor employed by any of the parties hereto, nor am I in any

way interested in the outcome hereof.

I FURTHER CERTIFY that I have complied with the

ethical obligations set forth in ACJA Sections

(J)(1)(g)(1) and (2).

DATED at Phoenix, Arizona, this 1st day of

September, 2018.

CARRIE A. CARIATI

Registered Professional Reporter

Certified Realtime Reporter

Certified LiveNote Reporter

Certificate No. 50355

I CERTIFY that this Registered Reporting Firm

has complied with the ethical obligations set forth in

ACJA Sections (J)(1)(g)(1) and (2).

DATED at Phoenix, Arizona, this 1st day of

September, 2018.

_____________________________________

Registered Reporting Firm R1064

CARRIE A. CARIATI, Owner

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EXHIBIT K 

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1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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

 )

 Plaintiff, )

 )

v. )

 )

GPS Insight, LLC; Robert J. )

Donat, Individually and as )

Trustee of The Robert Donat )

Living Trust Dated April 19, )

2017; )

 )

 Defendants. )

)

DEPOSITION OF KRISTIN LISSON

Phoenix, Arizona

August 14, 2018

9:06 a.m.

Reported by: CARRIE REPORTING, LLC

DOREEN SUTTON, RPR, CSR, FAPR Certified Reporters

Arizona CR No. 50076 2415 East Camelback Road 

 Suite 700

Prepared for: Phoenix, AZ 85016

 (480)429-7573

 carrie@carriereporting.com

(COPY)

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 41

that a lawsuit could come about. What kind of lawsuit? 

You said a lawsuit relating to me. 

A. Right. So one of the messages that I recall

deleting after I had told Rob about me dating Jeremy, and

Jeremy knew that I had met with Rob and what he'd said

about Jeremy, and that Rob -- I was on my phone constantly

and didn't want to lie to Jeremy. It was difficult for me

to keep those conversations private from Jeremy without

lying. So Jeremy knew I was discussing with Rob, he asked

me -- I got a really late text from him, he asked me who

was that and it was Rob, and it was his response to a 

letter I had sent him where I asked him to let me go. And

his response was something with regard to -- and that's -- 

he said he didn't deserve to be lionized for caring about

me and that he understood now why Elliot had always called

me a bitch. 

Jeremy asked me who is that and what was it, I 

read that message to Jeremy and Jeremy asked why he would

say that, and I told him it was because I was telling Rob

to kind of stay out of my personal life, because Jeremy

knew I was having conversations with Rob. And at that

point I deleted it without thinking about litigation, only

much later when things kept escalating was when Jeremy had

asked me if I had saved all those types of messages, 

and -- in case of litigation, and I wished I had, but in

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 49

A. He attempted to -- he made his request known to

have a physical relationship with me. 

Q. After December 26th? 

A. Uh-huh. 

MR. CARDEN: Yes? 

Q. BY MS. FRANCIS: That's yes?

A. Yes. 

Q. What did he do? 

A. When I met with Rob, I believe on January 10th to

tell him that I was now dating Jeremy or just started

dating Jeremy, Rob was upset that Jeremy was somebody I 

would consider and cautioned me about Jeremy's possible

STDs and about the fact that Rob said that Jeremy owed the

company money and that he was a serial dater of women at

the company, and that it wouldn't look good for me. 

And during that conversation, we talked a lot

about our past relationship and how upsetting it had been

for me when he'd push and pull and push me away and pull

me in and it was confusing, and he was very remorseful for

that. And when he left, he mouthed the words I love you

to me. We texted a little bit afterward, and I said I 

need to distance myself and he said something to the

effect of as long as it's distancing from all other

parties, I'll be a happy camper. That was when he first

learned of my relationship with Jeremy. 

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 50

And so from that point on and even I'm now

remembering, because a lot of these messages were deleted

and recovered, so they're kind of sporadic. He mentioned

he was jealous of my relationship with Robert Dennis, he

wished that it was him that I was spending my time with. 

He asked me to go on events, to different events with him.

Q. Work events? 

A. No, I think there was, like, a Sundance event, so

a social event. And that he would be okay with us being

in public now and that he would -- he wanted me back. He

texted me constantly, saying he was having a really hard

time with it, that he was sad and upset and not eating and

stressed. He said he was apparently obsessed with me and

going bankrupt, because he was also stressed about a lot

of his financial happenings at that time. He said he was

constantly Jonesing for me. 

He called after I had met with him to tell him

about the relationship with Jeremy. I told Jeremy I met

with Rob to tell him I was dating you. When Jeremy

mentioned that I had met up with Rob to Jason and Tyler, 

Jason said oh, that must have been why Rob inquired about

your transfer to Chicago. Jeremy relayed that back to me, 

and the next time Rob and I were on the phone January 12th

I asked Rob to make sure he wasn't going to now target

Jeremy in any way. He wanted to know why I was saying

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 51

that and I didn't tell him what I had heard, but that I 

just asked him to not target Jeremy. 

And Rob's response was now that there's -- that

he's on his radar, he can't help that the spotlight's on

him, doesn't matter how it got on him, but he's going to

be checking on Jeremy. He asked me in ten years would you

rather be with a Jeremy Thacker or Rob Donat, so it was a 

lot of that back-and-forth for several weeks, until he

sent me a very long letter via text, but I believe he had

mentioned that he had typed it in a different program

first about how he wanted me to be his queen and something

about rose petals from his previous relationship and he

wanted to take my son fishing and all sorts of things

about wanting a future with me. 

When I responded to him how nice those things

were, you deserve to be happy, I take responsibility for, 

you know, where we're at but going forward, I made a list

of things that I asked of him, one of them to not unfairly

discredit Jeremy. There were several things I asked of

him and the last one was, like, respecting my choices and

I asked him to let me go, and that's when he responded

with the bitch text. So from that point on, I was careful

about how I expressed my wishes to him, because it was

clear that me just saying what I wanted, he was not going

to accept. 

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 52

So there were continued messages after that, he

apologized a lot. He brought me into his office, told me

I was the one thing that -- he has all the money in the

world and I was the one thing he wanted and couldn't have. 

So there were many times where he expressed wanting a 

relationship with me again.

Q. Are you done answering? 

A. Yes. 

Q. My question was focused on your physical

interactions with him after December 26th; do you

understand the distinction? 

A. Yes. 

Q. After December 26th, did you have any sexual

relationships -- strike that. 

After December 26th, did you have any sexual

interaction with Mr. Donat? 

A. No. 

Q. Did he touch you, kiss you, anything of that

nature after December 26th? 

A. He tried to hold my hand at -- when we met for

coffee, but no. I mean, he hugged me after the meeting. 

Q. Did that make you uncomfortable? 

A. I pulled my hand away and told him I did not want

that. 

Q. Did he pursue touching you after you said that

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 72

also reported directly to Jason, and we would often meet

occasionally and talk about how Jason told James one thing

and Jason would tell me another thing. 

Q. On matters of significance? 

A. They were significant to us. 

Q. Did you ever confront Mr. Walker? 

A. Occasionally; he would laugh it off and blame

James for being dramatic or blame me for, you know, making

a big deal out of it. 

Q. But generally, you had a good working

relationship? 

A. Yeah, we had a great working relationship. 

Q. Do you think if you complained to him he would

take your complaint seriously? 

A. I did complain to him and he didn't take them

seriously, but I hoped he would. 

Q. You complained to him when? 

A. With matter -- many, many times about matters of

just day-to-day, I think he would try to do his best to

mitigate, but on more serious matters such as harassment, 

the first time was in July of 2015. 

Q. What did you say to Mr. Walker? 

A. It was the day after the sales conference event, 

I told Jason that -- this was prior to Rob's and my

relationship, consentual relationship, I had told Jason

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 73

that Rob had kissed me that night.

Q. What specifically did you say to him? 

A. I said Rob kissed me last night.

Q. What did you want him to do? 

A. He -- I asked him -- I don't know that I asked

him anything. He put his hands on his face and said oh, 

my god, are you serious. We discussed the rest of the

night, there were a lot of things that happened that

night, and ten minutes later Rob was in my office. 

Q. What did he say? 

A. He said remind me what happened last night, Jason

told me I kissed you. I said yes. He apologized. 

Q. So Jason took action on your complaint; correct?

MR. CARDEN: Objection; form. 

THE WITNESS: Jason told Rob what I had told him. 

Q. BY MS. FRANCIS: And Rob apologized to you? 

A. Correct. 

Q. And you accepted his apology? 

A. Yes. 

Q. Did you expect anything more to happen? 

A. No, my -- no. This was very in line with the

culture at GPS Insight. 

Q. And Rob didn't kiss you again until you began

your consentual relationship; correct? 

A. The next time he kissed me was when we were

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 75

Q. Did he respond? 

A. So in July of 2016, sales conference again, he

and I were talking and he asked me what had happened that

night that I had referenced to you, because Jason -- Rob

and I had earlier attended an SVP event. Jason dropped

Rob and I off at Mellow Mushroom and knew that we were

very drunk. 

The next day after that event I had left my

sunglasses in Jason's car and he came to give them to me, 

asked if everything was okay, and I had tears in my eyes

and I said yes and he walked away. 

So when we were at the sales conference in 2016, 

Jason said I want to know what happened that night, I've

always wondered what happened that night. So I at that

time had engaged in a consentual relationship with Rob, 

didn't really want Jason to know about it, but Jason had

asked me questions about what happened that night, he

asked if anything happened. I told him what happened and

he said I knew it, I knew he would do that, and he got

very upset. We kept getting interrupted a lot, so I 

didn't get to finish or figure out how he felt about it or

what he was going to say about it. 

Q. What specifically did you tell him had happened? 

A. That in the back seat that Rob had -- was holding

my hand while Jason was driving; Jason was really annoyed

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 76

by that, that it was in his own car. I told him that Rob

had kissed me and I was so drunk I fell off my barstool, 

so we were escorted out of the restaurant, and then I told

him that Rob -- that something happened afterward. 

Q. Did you tell him specifically what happened

afterward? 

A. I may have mentioned Rob's apartment, but I don't 

remember specifics.

Q. But you know you told him Rob held your hand? 

A. Uh-huh. 

Q. Correct? 

A. Correct. 

Q. And you know that you told him that Rob kissed

you and you fell off the barstool because you were drunk? 

A. Correct. 

Q. But you don't remember what you told him besides

that? 

A. Correct.

Q. What did Jason do in response? If you know.

A. He got really upset, but as I mentioned, we were

interrupted a lot, so we talked about it via e-mail a 

little bit that weekend.

Q. Have you produced those e-mails?

A. I did. 

Q. What else did he do in response?

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 77

A. I didn't ask him to do anything in response, 

there was nothing else. 

Q. He was asking you to confirm what happened that

night, you weren't actually filing a complaint or making a 

complaint that you wanted him to act on; is that correct? 

A. That is correct at that time. 

Q. I was originally asking you for information about

what you complained to Jason about matters that you said

you considered to be serious, not day-to-day operations --

A. Uh-huh. 

Q. -- to confirm whether or not Jason responded and

took action. 

A. So there's one more time. 

Q. But we're on the same page, we're talking about

complaints that you made to him where you wanted him to do

something in response? 

A. Okay. I see what you're saying. 

So I -- on February 14th, I had -- 

Q. What year? 

A. Of 2017. I had told him the day before in a text

message that I had received some really upsetting

information, and we talked and he said he was unsure what

it would be about and we could talk the next day. So on

February 14th, he stopped in my office and said that he

and Loray, his wife, had discussed things and said he

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 78

wasn't sure what was happening, but that if I needed to

take legal action I should, but that I should leave him

out of it. And he said he was upset because this probably

meant that he might lose me as an employee, so -- 

Q. Did you -- 

A. When I actually made my complaint on March 9th, 

it was only after I was told by my direct supervisor that

he wanted to be left out of it and, essentially, I was on

my own. 

Q. Did you produce a text with Jason where you told

him you had something important? 

A. I did. 

Q. And your conversation where Jason told you he

wanted to be left out of it, if you needed to take legal

action do it, that was a verbal conversation that you had

in the office? 

A. Yes.

Q. You didn't give him any specifics about what was

going on? 

A. I told him that the -- I told him about the

message the day before, I kind of told him the substance

of the message but didn't say who it was from, but on the

February 14th in-person meeting I told him that it was

from Rob. 

Q. I want to be clear. So on February 13th you

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 79

e-mail Jason and say what? 

A. I texted Jason. 

Q. You texted him? 

A. And said are you aware of any -- anyone at the

company or any performance issues or anyone complaining

about me that I should be aware of.

Q. What was his response? 

A. Said not that I'm aware of, but it appears to be

that I'm not aware of much these days, something to that

regard; not verbatim, I can't quote. 

Q. What did you say in response? 

A. I said if it's not you, Tyler, Phil, James, or

Jeremy, then it's not urgent, and we can talk about it

tomorrow.

Q. What did he say? 

A. He said okay. 

Q. You said something about upsetting information? 

A. Uh-huh. 

Q. Correct? 

A. Correct. Sorry, I'm going to get that down. 

Q. Did you text Mr. Walker that you had some

upsetting information? 

A. The text was that I had heard that -- I 

characterized the message that I had received from Rob

which was prompting me to inquire with Jason, I 

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 80

characterized that as upsetting.

Q. That's not what the text actually said? 

A. I'd have to look at the text. I can't recall. 

Q. You recall the text being that you were asking if

there were performance concerns about yourself? 

A. I think I said I received an upsetting message, 

are there any performance concerns; however, I'd need to

see the message to confirm. 

Q. And he responded not that he was aware of, but

then we could talk about it later? 

A. He responded no, I'm -- there seems to be very

little, what was it about, and I said if it's not

regarding these people, who meant a lot to me, then it's 

not urgent and we can talk about it the next day. 

Q. And your conversation, the text conversation

ended -- 

A. The text conversation ended, yes. 

Q. The following day was February 14th of 2017; 

correct? 

A. Correct. 

Q. He approached you? You approached him? 

A. He came into his office in the morning, he had a 

golfing event, he wasn't going to be there all day so he

wanted to make sure and stop and check in. 

Q. And tell me to the best of your -- did you record

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 81

this conversation? 

A. No. 

Q. Tell me to the best of your recollection what was

said. 

A. He said -- he asked what the message was about, I 

told him. 

Q. What did you tell him specifically? 

A. I told him the substance of the message. I'm not

sure that I read it to him. 

Q. Tell me what you recall saying. 

A. I said Rob sent me a message that -- he said my

professional reputation is at risk and that I need to fix

it, something to that effect. 

Q. That's the best you can recall of what you said

to Jason? 

A. Yeah, how the conversation started. 

Q. What did he say in response? 

A. He said look, Loray and I have actually been

talking about this, about everything that's been going on, 

and Loray has some affiliation with some legal -- her

profession is something regarding legal. 

Q. Jason said this? 

A. I'm saying the reason why he was telling me that

he and Loray talked about it, he said if I need to take

legal action I should and we think you should if you need

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 82

to, but that I need to be left out of it completely.

Q. Did he say why? 

A. No.

Q. What did you say in response? 

A. I don't recall specifically how much longer

the -- it was a quick conversation. I'm sure I was upset

and started crying or something. 

Q. Is that in his presence or after he left? 

A. In his presence. 

Q. What did he say when you started crying? 

A. I'm not sure if -- I probably had tears in my

eyes, and the conversation -- he gets uncomfortable when I 

get emotional or when anyone gets emotional around him, 

it's a running joke, so I'm assuming he left shortly

afterward. 

Q. If you had problems with Jason as your

supervisor, who would you complain to within the company? 

A. It would have to be Rob or Elliot. 

Q. What was Elliot's role? 

A. Vice president of operations. 

Q. Did you ever feel that -- strike that. 

So did you ever have an occasion that you had a 

complaint about Jason that you took to another manager? 

A. No. 

Q. But if you did, you would have contacted Elliot

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 130

knowledge. 

Q. Are you aware of Mr. Thacker charging purely

personal expenses on his company credit card? 

A. I am not privy to knowing what he charged. I 

haven't seen charges. 

Q. Did you discuss it with him? 

A. I knew that there was a dispute over it after his

termination. 

Q. Did you know that there was a dispute about it

before he was terminated? 

A. I did know about that when Rob in the

January 10th meeting brought up the fact that Jeremy owed

the company money. I mentioned that to Jeremy and he -- 

and he said that's not true, I paid back the loan in full, 

and he confirmed that that was indeed true, that he had

paid back his loan, so that was my understanding of that. 

Q. Why are you characterizing it as a loan? 

A. That's how Jeremy characterized it. 

Q. But you understood that these were things that

were charged on the company credit card? 

MR. CARDEN: Objection; form and foundation. 

THE WITNESS: I didn't know what, all I knew is

that Rob told me Jeremy owed the company money; Jeremy

explained that it was more of a loan and that he had paid

it back.

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 137

A. That is correct.

Q. Did you attend that meeting?

A. No, I did not.

Q. Do you know who attended the meeting?

A. No, I do not.

Q. Who was the lawyer?

A. Mr. Kresin.

Q. On what date did you retain the services of

Mr. Kresin for your legal issues?

A. I met with him for advice on -- it was after I

filed my complaint or sent my e-mail complaint to Rob,

Elliot, Tyler, and Jason in which I said I would be

seeking -- I would be discussing it with an attorney.

MS. FRANCIS: I believe we're on No. 36. Is that

correct?

MR. SILENCE: I believe that is correct.

MS. FRANCIS: The court reporter will mark it for

you.

(Deposition Exhibit No. 36 was marked for

identification.)

Q. BY MS. FRANCIS: The court reporter's marked

Exhibit No. 36 to your deposition. Do you recognize this

document?

A. Yes, I do.

Q. Did you write this document?

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 138

A. Yes, I did.

Q. Is this the document or the e-mail that you --

strike that.

What is Exhibit No. 36?

A. I don't know how to answer that. What is it in

general?

Q. Yes.

A. It's an e-mail that I sent to Rob, Elliot, Jason,

Tyler, Jeremy, and Rob's lawyer to disclose my affair with

Rob.

Q. Is this the e-mail that you were referencing in

your prior testimony where you said that you met with an

attorney after you sent the e-mail to Rob, Elliot, Tyler,

and Jason?

A. Yes, this is it.

Q. Where in this e-mail does it say that you will be

seeking guidance from an attorney?

A. The fourth paragraph, first sentence.

Q. "I will not speak of this to anyone except an

attorney and Jesse, with whom I ask that you do not share

this information until I am able to tell him myself."

Did I read that correctly?

A. Yes.

Q. So it was after you sent this e-mail that you

first met with legal counsel?

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 139

A. Yes.

Q. Was it the same day?

A. Possibly.

Q. You don't recall?

A. I don't recall.

Q. Who did you meet with?

A. I met with Dave Kresin.

Q. Did you arrange that meeting directly or did

someone arrange that for you?

A. I -- I'm not sure if I arranged that or not.

Jeremy -- let me think about that.

I don't think I arranged that.

Q. Who arranged it?

A. I believe Jeremy.

Q. Prior to your sending Exhibit No. 36, did any of

the people that received the e-mail have knowledge of your

affair with Rob?

MR. CARDEN: Objection; form.

THE WITNESS: I can't speak to anyone else's

knowledge.

Q. BY MS. FRANCIS: Had you told any of these people

that you were having an affair with Rob?

A. I had told Jeremy.

Q. When did you tell Jeremy?

A. I told him portions of it on the 13th, I told him

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 195

in an e-mail that he's seen, you're saying you want to

stay?

A. That wasn't the primary reason. I think he was

questioning everything, based on the typo.

Q. Why was he upset that you were e-mailing Jason

alone? If you know.

A. No, the e-mail -- the alone is in reference to he

thought that I was just keeping -- I have to look at the

text or the message. He thought that I was not holding

Rob accountable to some respect by an omission of the word

that he misread. That's my understanding.

(Deposition Exhibit No. 40 was marked for

identification.)

Q. BY MS. FRANCIS: The court reporter's marked

Exhibit No. 40 to your deposition. Tell me when you're

done reading it.

A. I'm done.

Q. If you look at the second page of Exhibit No. 40,

it's an e-mail chain, so you have to read it backwards.

The first e-mail is an e-mail sent from you on GPS

Insight's e-mail account to Jason. Do you see that?

A. I do.

Q. That's sent on March 9th at 4:55 p.m.?

A. Uh-huh.

Q. Correct?

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 196

A. Correct.

Q. And that e-mail you sent to Jason alone?

A. Just Jason.

Q. Right. And this is the e-mail that Mr. Thacker

is referencing in his text message on March 9th at

9:39 p.m., which is in Exhibit No. 39; correct?

A. Correct. Yes.

Q. And he's upset that you're e-mailing Jason alone;

correct?

A. He's upset by that because he thought I said I

asked that you not share my feelings about that with Rob.

So in him thinking that that's what I said, he was even

further exacerbated that it was just to Jason, like, that

I was trying to keep it private and not tell Rob how I

really felt.

Q. Who did you blind copy on this e-mail on

March 9th to Jason that you sent on GPS Insight?

A. Is it listed here?

Q. No.

A. I don't -- I'm -- why are you assuming I blind

copied someone?

Q. Because Mr. Thacker is saying in Exhibit No. 39

that he just read it.

A. I don't know that I blind copied Jeremy.

Q. How did you send it to him?

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 202

Q. Did someone help you write that e-mail?

A. Someone did not help me write that e-mail.

Q. Why did you need to make clear that the

harassment was sexual in nature?

A. Because in -- I wanted to make sure that it

wasn't -- that Jason didn't misinterpret it that it was

just regular bullying or harassment, I wanted to make sure

that he knew my complaint was sexual harassment, because I

did not include that in my first complaint.

Q. What prompted you to write this e-mail on

March 13th?

A. I omitted that from my first complaint and I

wanted to clarify in my second complaint.

Q. Why?

A. I didn't want further misunderstanding.

Q. Did someone tell you that you needed to clarify?

A. No, not that I needed to clarify.

Q. That you should clarify?

A. Not that I should clarify.

Q. Did anyone prompt you to send this e-mail on

March 13th?

A. I sent -- I chose to send this e-mail on

March 13th.

Q. But did anybody tell you you should clarify,

rectify, make clear, anything that caused you to send this

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DEPOSITION OF KRISTIN LISSON, 8/14/2018 221

STATE OF ARIZONA )

) ss.

COUNTY OF MARICOPA )

BE IT KNOWN that the foregoing proceedings were

taken before me; that the witness before testifying was

duly sworn by me to testify to the whole truth; that the

foregoing pages are a full, true, and accurate record of

the proceedings, all done to the best of my skill and

ability; that the proceedings were taken down by me in

shorthand and thereafter reduced to print under my

direction.

I CERTIFY that I am in no way related to, nor

employed by any of the parties hereto, and have no

interest in the outcome thereof.

[X] Review and signature was requested.

Review and signature was waived.

Review and signature not requested.

I CERTIFY that I have complied with the ethical

obligations set forth in ACJA 7-206(F)(3) and ACJA 7-206

J(1)(g)(1) and (2). Dated at Scottsdale, Arizona, this

24th day of August, 2018.

_____________________________________

DOREEN SUTTON, FAPR, CSR

Certified Reporter #50076

Registered Professional Reporter

* * * * * *

I CERTIFY that CARRIE REPORTING, LLC, has complied

with the ethical obligations set forth in ACJA

7-206(J)(1)(g)(1) through (6).

_____________________________________

CARRIE REPORTING, LLC

Registered Reporting Firm

Arizona RRF No. R1064

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 189 of 247
EXHIBIT L 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 190 of 247
8/29/2018 Carrie Race 40

OTTMAR & ASSOCIATES 602-485-1488

ottmarassoc.com

 1 MS. FRANCIS: Object to form and foundation.

 2 THE WITNESS: I don't recall that, no.

 3 BY MR. SILENCE:

 4 Q. And is this conversation that we are having about

 5 Container Freight, is this the customer that's the subject

 6 of the e-mails that you sent to Jason Walker?

 7 MS. FRANCIS: Object to form and foundation.

 8 THE WITNESS: I don't recall. I know it

 9 was -- I recognize the name Container Freight. I don't

 10 remember who the customer was.

 11 BY MR. SILENCE:

 12 Q. Do you remember when you had this discussion with

 13 Jeremy that we have been talking about?

 14 A. I believe it was towards the end of his

 15 employment, possibly. I'm not sure.

 16 Q. Do you remember ever talking to Rob Donat about

 17 this Container Freight issue?

 18 A. I do know that when I was speaking to Ray in his

 19 office about trying to get information, Rob either was

 20 already in Ray's office or came in at the same time as me.

 21 I can't recall. I don't recall how Rob got there, but Rob

 22 was in the office when Ray and I were having this

 23 discussion about this order.

 24 Q. But you are not sure whether -- Well, let me back

 25 up.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 191 of 247
OTTMAR & ASSOCIATES 602-485-1488

ottmarassoc.com

 UNITED STATES DISTRICT COURT

 FOR THE DISTRICT OF ARIZONA

 JEREMY THACKER, )

 )

 Plaintiff, )

 ) Civil Action No.

 vs. ) 2:18-cv-000630-DJH

 )

 GPS INSIGHT, LLC; ROBERT DONAT, )

 individually, )

 )

 Defendants. )

 _________________________________ )

 DEPOSITION OF CARRIE RACE

 Phoenix, Arizona

 August 29, 2018

 10:00 a.m.

 PREPARED FOR:

 ATTORNEY AT LAW

 (COPY)

 Reported by:

 Robin Jasper, RPR

 CCR No. 50286

 AZ Registered Reporting Firm No. R1008

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 192 of 247
8/29/2018 Carrie Race 69

OTTMAR & ASSOCIATES 602-485-1488

ottmarassoc.com

 1 STATE OF ARIZONA )

 ) ss.

 2 COUNTY OF MARICOPA )

 3 BE IT KNOWN that the foregoing transcript was taken

 before me; that the witness before testifying was duly

 4 sworn by me to testify to the whole truth; that the

 foregoing pages are a full, true and accurate record of

 5 the proceedings, all done to the best of my skill and

 ability; that the proceedings were taken down by me in

 6 shorthand and thereafter reduced to print under my

 direction.

 7

 I CERTIFY that I am in no way related to any of the

 8 parties hereto nor am I in any way interested in the

 outcome hereof.

 9

 [X] Review and signature was requested.

 10 [ ] Review and signature was waived.

 [ ] Review and signature not requested/required.

 11

 I CERTIFY that I have complied with the ethical

 12 obligations set forth in ACJA 7-206(F)(3) and ACJA 7-206

 (J)(1)(g)(1) and (2). Dated at Phoenix, Arizona, this

 13 12th day of September, 2018.

 14

 15

 16

 ______________________________________

 17 Robin Jasper, RPR

 Arizona Certified Reporter No. 50286

 18

 19 I CERTIFY that OTTMAR & ASSOCIATES, INC., has

 complied with the ethical obligations set forth in ACJA

 20 7-206(J)(1)(g)(1) through (6).

 21

 22

 23

 24 ______________________________________

 OTTMAR & ASSOCIATES, INC.

 25 AZ Registered Reporting Firm No. R1008

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 193 of 247
EXHIBIT M 

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Jaburg & Wilk, P.C. 

3200 N. Central Avenue, 20th Floor

Phoenix, AZ 85012 

602.248.1000 

Kraig J. Marton (003816) 

kjm@jaburgwilk.com 

Jeffrey A. Silence (029143) 

jxs@jaburgwilk.com

Laura Rogal (025159) 

lar@jaburgwilk.com 

Attorneys for Plaintiff Jeremy Thacker 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Jeremy Thacker, 

Plaintiff, 

v. 

GPS Insight, LLC; Robert Donat, 

individually, 

Defendants. 

Case No. 2:18-cv-00063-DJH 

Declaration of Kristin Lisson in Support of Response to Defendants’ Motion for 

Summary Judgment 

(Assigned to Honorable Diane J. 

Humetewa) 

I, Kristin Lisson, declare as follows under penalty of perjury: 

1. I am an adult and am competent to testify. If called to testify at trial, I would 

testify consistently with this declaration. 

2. I make this declaration based upon my personal knowledge. 

3. In the fall of 2016, Jeremy Thacker gave Rob Donat a ride from the 

Brunswick Zone Via Linda Lanes bowling alley to High Street 

(Mr. Donat’s apartment). 

4. Mr. Donat, Jeremy, and I participated in a bowling league with other GPS

Insight (“GPSI”) employees in 2016. 

5. I saw Mr. Donat get into Jeremy’s vehicle. 

JABURG IWILK 

Attorneys at Law 

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6. I had given Mr. Donat a ride from High Street to the bowling alley that 

same day. 

7. Mr. Donat and Jeremy were friendly whenever I saw them interact with 

each other during 2016. 

8. On January 12, 2017, I called Mr. Donat twice. 

9. Our first call lasted 29:15 minutes, and our second call lasted 7:50 minutes.

10. Two days prior to these calls, I had informed Mr. Donat of my relationship 

with Jeremy. 

11. One day prior to these calls, Jeremy had informed me that Mr. Donat

inquired with Jason Walker about a transfer for Jeremy to the GPSI Chicago 

office. 

12. On these calls, Mr. Donat and I discussed Jeremy at length. Mr. Donat told 

me that he would be paying attention to Jeremy now that he was on his 

radar. 

13. On these calls, I asked Mr. Donat not to scrutinize Jeremy due to Jeremy’s 

romantic relationship with me.

14. Between January 16, 2017 and January 23, 2017, Mr. Donat and I 

spoke on the phone with each other five times for a total of 48:15 

minutes. 

15. On one of those calls, Mr. Donat discussed Jeremy’s personal life; namely, 

that Jeremy had once sent a former GPSI coworker (Jen Gillham) 

unsolicited and inappropriate text messages. 

16. I understood that Mr. Donat had been golfing earlier that day with Allison 

McIlroy, a friend of Mrs. Gillham, who relayed to Mr. Donat the gossip

about Jeremy. 

17. On the same call, I told Mr. Donat the information he had was false. 

JABURG IWILK 

Attorneys at Law 

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18. I told Mr. Donat that Jeremy and Mrs. Gillham had a previous consensual 

sexual relationship. 

19. Later that evening, I told Jeremy the gossip Mr. Donat had relayed to me. 

20. On February 13, 2017, Mr. Donat called me. 

21. Our call lasted for 20:38 minutes. 

22. On the call, Mr. Donat informed me that he learned that I was being 

“bitchy” from unnamed sources at the office. 

23. Mr. Donat would not tell me who made the comments and asked me not to 

ask anyone about them, including my supervisor, Mr. Walker. 

24. On the call, Mr. Donat also told me that my relationship with Jeremy was 

painting me in a negative light among my coworkers. 

25. On the call, Mr. Donat also informed me that if I continued to pursue a 

relationship with Jeremy, that it would be the “nail in the coffin” for any 

relationship that Mr. Donat and I could ever have again. 

26. In the same statement, Mr. Donat also acknowledged that I had already told 

him that I did not want a relationship with him again. 

27. I ended the call because I experienced a panic attack and could not breathe. 

28. On March 1, 2017, Mr. Donat called me.

29. Our call lasted for 45:49 minutes. 

30. On the call, Mr. Donat told me that whenever he walked by my office and 

noticed that I was gone, he made sure to also walk by Jeremy’s office 

because he was paranoid that Jeremy and I were together. 

31. On the call, we also discussed at length Mr. Donat’s perception of Jeremy’s 

work performance and character. 

32. On March 9, 2017, I sent an email to members of GPSI management at 

4:59 am with the subject: “A clearer picture for all involved.” 

33. I had not met with an attorney prior to sending that email. 

JABURG IWILK 

Attorneys at Law 

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34. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the 

laws of the United States of America that the foregoing is true and correct. 

EXECUTED this 12th day of November, 2018. 

Kristin Lisson 

JABURG IWILK 

Attorneys at Law 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 198 of 247
EXHIBIT N 

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Jaburg & Wilk, P.C.

3200 N. Central Avenue, 20th Floor

Phoenix, AZ 85012

602.248.1000

Kraig J. Marton (003816)

kjm@jaburgwilk.com

Jeffrey A. Silence (029143)

jxs@jaburgwilk.com

Laura Rogal (025159)

lar@jaburgwilk.com

Attorneys for Plaintiff Jeremy Thacker

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Jeremy Thacker,

Plaintiff,

v.

GPS Insight, LLC; Robert Donat, 

individually,

Defendants.

Case No. 2:18-cv-00063-DJH

Declaration of Jeremy Thacker in 

Support of Response to Defendants’ 

Motion for Summary Judgment 

(Assigned to Honorable Diane J. 

Humetewa)

I, Jeremy, Thacker, declare as follows under penalty of perjury:

I am the Plaintiff in this lawsuit, and I am providing this sworn declaration based 

upon my personal knowledge. 

I. Audio Recordings of Meetings (Ex. 8; Ex. 9; Ex. C)

1. Defendants’ Exhibit 9 to their MSJ (Doc. 112) is a transcript of part 1 of 2 

of an audio recording of a meeting on March 2, 2017 between myself, 

Jason Walker, and Tyler Mortensen.

2. Defendants’ Exhibit 18 to their MSJ is a transcript of part 2 of 2 of an 

audio recording of a meeting on March 2, 2017 between myself and Jason 

Walker.

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3. I personally recorded the audio using an app on my phone and certify the 

authenticity of the audio.

4. Unbeknownst to me at the time, the app used to make the cut off after

about an hour of recording. 

5. I estimate that 30 to 45 minutes between part 1 and part 2 of the meetings 

went unrecorded.

6. During this unrecorded time, Mortensen left the meeting leaving myself 

and Walker alone.

II. Dispute of the Accuracy of Transcripts of Audio Recordings

7. Defendants did not disclose the transcripts (Ex. 9 and 18) before including 

them in their MSJ (Doc. 112).

8. The transcripts (Ex. 9; Ex. 18) are marked as certified transcripts.

9. After noticing multiple errors in Ex. 8 and Ex. 9, I ordered the transcripts 

used by Defendants from Jane Doyle at JD Reporting.

10. I dispute the accuracy of the transcripts of the audio recordings (Def Ex. 9 

and 18) as well as the transcript of a third audio recording of a meeting on 

March 6, 2017 between myself, Tyler Mortensen, Jason Walker, and Gary 

Fitzgerald that was not used in Defendants’ MSJ.

11. Exhibits A and B contain accurate transcriptions of those recordings, 

including changes that I heard from listening to the recordings. 

III. ¶ Numbers 12 through 27 were purposely omitted

IV. § Numbers III and IV were purposely omitted

V. Foundation and Authentication of Documents

28. All of the emails that are attached to the Response to Defendants’ 

Summary Judgment to which I am a party were either sent or received by 

me on the dates indicated.

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29. Exhibit R was a recording of a phone call between Lisson and Donat on 

March 8, 2017 which I removed based on Court’s order. I certify that 

Donat refers to me as a “fucktard” in that recording.

30. Exhibit S is my W2 from GlobeRanger.

31. Exhibit T is a text between me and Mortensen.

32. Exhibit U is an email between me and Mortensen.

33. Exhibit V is an email between me and Walker.

34. Exhibit W is Defendant’s Responses to our discovery requests.

35. Exhibit X is a text from Donat to Batcheller, Mortensen, and Walker on 9 

March 5, 2017. Donat confirmed in his deposition that he sent this text.

36. Donat testified in deposition that Exhibit Z is his call logs on the dates 

indicated.

37. Exhibit AA through AD are texts between Lisson and Donat that Donat 

produced in this lawsuit and verified in deposition that they appear to be 

his texts.

38. Exhibit AD is a text between Donat and Lisson that Donat produced.

39. Exhibit AE through AG are texts between me and Mortensen that I 

produced.

40. Exhibit AH is my email exchange with Donat.

41. Exhibit AI is the response that GPSI filed to my claim for unemployment.

42. Exhibit AJ is a text between Donat and Lisson that Donat produced and 

verified in deposition that he produced.

43. Exhibit AK through AL are email exchange between Walker and Lisson 

and Walker and Mortensen that GPSI produced.

44. Exhibit AM is an email between me and Mortensen.

45. Exhibit AN is a text between Lisson and Walker that Lisson produced.

46. Exhibit AO is a draft of a text message that Lisson then copied and pasted 

into a text that she sent to Donat on January 17, 2017. Lisson does not 

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have the text, and Donat will not produce it. Lisson produced this draft 

message.

47. Exhibit AP is an email between me and a GPSI employee, 

Chelsea Rosenthal.

48. Exhibit AQ is an email between Mortensen and Walker that GPSI 

produced.

49. Exhibit AR through AT are texts between Donat and Lisson.

50. Exhibit AU is a text between me and Lisson.

51. Exhibit AV is my W2 for GPSI.

52. Exhibit AW are texts between Walker and Mortensen produced by GPSI.

53. Walker and Mortensen confirmed in deposition these appear to be their 

texts.

54. Exhibit AX is an email from Walker to GPSI that GPSI produced.

55. Exhibit AY is a screenshot of Netsuite that I took in February 2017 

showing my sales results.

56. Exhibit AZ is a text between me and Walker.

57. Exhibit BB is an email from me and Donat.

58. Exhibit BC is an email between me and Walker.

59. Exhibit BD is an email between me and Donat.

60. Exhibit BE and BF are texts between Donat and Lisson that Lisson 

produced.

61. Exhibit BG is a text between Lisson and Walker that Lisson produced.

62. Exhibit BH and BL are emails between Donat and Robert Dennis.

63. Exhibit BI through BK are text between Lisson and Donat that Lisson 

produced.

64. Exhibit BM is a police report that Donat filed against me.

65. Exhibit BN is an email between me and Mortensen.

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66. Exhibit BO through BQ are chart I created using data supplied by GPSI to 

show the number of units I had sold, revenue I generated, and my revenue 

vs. expenses in 2016 through 2017.

67. Exhibit BR is a Slack message between Walker and Batcheller produced 

by Defendants.

68. Exhibit BS through BV are texts between Lisson and Donat.

69. Exhibit BW is an email between Walker and Mortensen.

70. Exhibit BX is a text between me and Robert Dennis.

71. Exhibit BY is the one and only sales policy that GPSI provided.

72. Exhibit BZ are the relevant portions of Plaintiff’s Seventh Disclosure.

73. Exhibit CA is Defendants’ Thirteenth Supplemental Disclosure.

VI. The Airbnb Allegation was Never Disclosed

74. Despite Walker’s knowledge of the allegation in June 2017 (Ex. 25 ¶ 15), 

I certify that prior to August 31, 2018 in Defendants’ 12th Supplemental 

Disclosure Statement, Defendants’ had never mentioned the Airbnb 

scheme.

75. By August 31, 2018, the deadline for taking depositions and propounding 

discovery had passed.

76. Even when providing me with some notice of the Airbnb issue on August 

31, 2018, Defendants had still never disclosed Chelsea Cassis as a witness 

name in a single document or proceeding in this case until their MSJ 

where they included her declaration. (Def Ex. 28; CA – Defendants’ 13th

Supplemental Disclosure).

VII. The Airbnb Allegation is Provably False 

77. While surprised by the declaration of Ms. Cassis, I will not accuse her of 

lying. (Ex. 28).

78. Instead, I believe she has either incorrectly remembered the events or 

taken something I said in jest as literal.

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79. I have never received a payment, reward, or kickback of any kind as a 

result of a transaction through or involving Airbnb.

80. According to my account history and recollection, I have stayed in a total 

of four Airbnb properties. (Ex. N-1).

81. In Cassis’ Declaration, she states that I had set up this arrangement with a 

friend in Dallas. (Ex. 28 at ¶ 6).

82. While I lived in Dallas for many years and maintain many relationships

there, I have never rented an Airbnb or anything similar in the DFW 

Metroplex. (N-1).

83. In Mr. Walker’s declaration, he states that I rented an Airbnb for $192 in 

November 2016 as part of an Airbnb scheme. (Ex. 25, at 2:23-25).

84. This is not the first time that Mr. Walker has, with little to no investigation 

into the accuracy or truth of the matter, falsely accused me. (Ex. A at 

27:16-21, 29:18-23, 31:7-11).

85. With a few minutes of research, Mr. Walker could have easily determined 

that the Airbnb I rented in November 2016 was located in Austin, TX. 

(Ex. N-2).

86. Austin is over 200 miles south of Dallas. (Map – Dallas to Austin).

87. Walker was aware that the trip to Austin was made with a co-worker (still 

at GPSI), Josh Danke, to visit a prospect, which became my biggest client, 

Lower Colorado River Authority (LCRA). (Ex. N-3).

88. As seen on Google Maps, the Airbnb was located less than a mile away 

from LCRA’s headquarters in Austin; LCRA’s address is 3700 Lake 

Austin Blvd, Austin, TX 78703. (Ex. N-4). 

89. I ask the Court to take judicial notice of the maps showing the distance 

between Austin and Dallas and the Airbnb rental and LCRA’s 

headquarters. 

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90. Danke and I decided to share a two-bedroom Airbnb due to convenience 

of location and as a cost-saving measure for the company, as hotel rooms 

were over $250 per night for each of us at that time.

91. According to the Airbnb receipt submitted to GPSI in 2016, the property 

belonged to Nat Nealeigh. (Ex. N-2).

92. I have never met nor spoken to Nat before or after our stay and do not 

know of any mutual connections that exist between the two of us.

VIII. I had Permission to Use the Company Credit Card for Personal Expenses

93. I had permission to use my company credit card for personal expenses, so 

long as I repaid the money when I earned commissions.

94. In 2014, I approached Mortensen, my supervisor, to see if the company 

could help me with personal financial difficulties. 

95. I specifically asked if the company could extend a draw against 

commissions.

96. After speaking with Walker and Batcheller, Mortensen offered an 

alternative solution of using my company credit card as opposed to a 

draw, as that would require Donat’s approval.

97. Walker and Mortensen were aware that I was using the card for legal 

expenses surrounding child support.

98. I was also told that I could use the card for personal expenses, so long as I 

repaid the money.

IX. Promissory Note

99. In February 2015, I was asked to sign a promissory note.

100. The reason for the promissory note had nothing to do with me being in 

“trouble” for charging personal expenses. 

101. As stated in the email, the external auditors needed the promissory note 

for tax and accounting purposes. (Ex. BN).

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102. Despite being February 13, 2015, GPSI requested that I backdate the 

document to December 31, 2014 in an effort to deceive the IRS.

103. A GPSI employee notarized the document and dated it 2014. (Ex. BN).

104. Walker acted as the witness for the notary.

X. Meeting with Donat, Walker, Mortensen, Batcheller, and Eatman

105. In October 2015, I was called into Elliot Batcheller’s office with Donat, 

Walker, Mortensen, Elliot, and Phil Eatman. 

106. Other than me, Donat was the only person to speak during the meeting.

107. Donat had just learned of the expenses and wanted to discuss this with me.

108. It became clear very quickly that Donat was unaware that I had been given 

permission by Walker and Mortensen.

109. After the meeting my supervisors were not upset, nor was I issued a 

written warning.

110. Two months later, I was promoted to the Government Sales Team.

111. I continued to use the card through my termination in March 2017 for 

occasional personal expenses, with the permission and the expectation that 

I would repay the money.

XI. Post-Termination Deduction of Expenses

112. In the recording of March 2, 2017 meeting, Walker told me that if I had 

come to him that he would have said “...if you want to do something, we 

know you’re getting paid, go charge something on the credit card and pay 

us back.” (Ex. B, at 35:4-6).

113. In May 2017, I did not object to personal expenses being deducted from 

my paycheck because our agreement was that I would pay pack any 

personal expenses when I received large commission checks.

114. Also, I was only provided with documentation for a small percentage of 

the expenses that were deducted from my paycheck. (Ex. 26).

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115. I did object in writing to specific charges that I believe were legitimate 

reimbursable business expenses. (Ex. 26)

116. I never received any documentation or notification supporting the 

additional charges prior to the deduction from my paycheck until the 

Defendants Motion for Summary Judgement, which was after the deadline 

for discovery had passed.

117. While I agreed to repay personal expenses, I never agreed to have the 

funds deducted from my paycheck without my authorization or reviewing 

the charges.

118. At the time, my Counsel suggested that I not get involved in arguments 

with Donat since we were preparing for litigation.

119. After now reviewing the charges deemed personal by GPSI for the first 

time in their MSJ, I dispute many of the charges deducted from my 

paycheck.

120. Over $1,000 of the charges were legitimate business expenses that should 

not have been deducted from my paycheck without my authorization.

XII. Expense Reports for other GPSI Employees

121. I requested the expense reports for all GPSI employees (and later limited 

my request to just a handful of employees) to show that other employees 

frequently used the card for personal expenses and that GPSI knowingly 

approved those expenses.

122. I requested the reports because I know that Batcheller used the card to go 

to the strip club with other GPSI employees.

123. I also know that other GPSI employees used their card for extravagant 

personal expenses. 

124. These employees were never terminated.

125. Defendants refused to produce any of these expense reports. (W).

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XIII. Top Sales Performance

126. I achieved exceptional sales results in 2016 to 2017, including having the 

greatest single month in the history of the company in February 2017.

120. That month, I alone sold over 1,500 units.

127. If I were also paid for Amerisure, I would have accounted for roughly 

50% of the overall sales among the 17 sales representatives.

XIV. Job Search Efforts

128. After Donat began harassing Lisson and me, I had one conversation with 

one company about possibly working for them.

129. The only reason I did so was because I was because I feared I would be 

terminated, and even if not, I knew that Donat would not stop harassing 

me and Lisson until he got what he wanted – Lisson.

130. I told Walker and Mortensen in the March 2, 2017 Meeting and prior to 

that meeting that I was excited about the opportunity to work on the 

Government Sales Team because I knew I could (and did) make a lot of 

money.

131. I also had lots of friends at GPSI, including Lisson, so I did not want to 

leave.

132. In the transcripts of The Meeting, Walker used the word “fuck” 26 times. 

(Ex. A; Ex. B).

XV. GlobeRanger 

133. GlobeRanger was not a substantially equivalent job compared to my job at 

GPSI in terms of job satisfaction, seniority/status, income, or opportunity 

for growth and advancement.

134. I worked at GlobeRanger from May 2017 through December 2017.

135. It shut down all US operations in June 2018; all twelve salespeople were 

terminated.

136. At GlobeRanger, I had a base salary of $90,000 annually.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 209 of 247
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137. I received a draw of $3,750 per month for the first 3 months equaling 

$11,250.

XVI. GlobeRanger’s Commission Plan

138. Prior to October 27, 2017, I did not have the ability to earn additional 

income because we never received a commission plan. 

139. When I received my offer letter in May of 2017, I was told that I should 

expect a commission plan by the end of June 2017.

140. Immediately upon receiving the commission plan on October 27, 2017, I 

shared my skepticism regarding whether the numbers were realistic based 

on the status of the company and products. 

141. I was skeptical because GlobeRanger had just decided to pursue new 

markets that GlobeRanger had no experience in. 

142. In addition to the lack of experience in the market to which I was assigned

(aviation), this market had notoriously long sales cycles that are typically 

measured in years.

143. The commission plan only offered additional income for “closed” sales,

which would be at least a year out.

144. On October 31, 2017 had a call with my managers where acknowledged 

the long sales cycles and how it was unlikely that I would close any sales 

in the near future. 

145. On that call, I was promised an additional compensation plan that awarded 

payouts for sales activities (in addition to results).

146. I never received any activity-based compensation plan or activity-based 

pay, despite my asking on several occasions.

147. During the entire time I worked at GR, I only knew of one sale closed by 

any salesperson.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 210 of 247
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XVII. GlobeRanger Income VS. GPSI Income

148. During the deposition of GR, they testified that the top performing 

salesperson had, in addition to her base salary, earned on average $1,000 

per month.

149. The salesperson, Emerald Webster, started with the company about a year 

prior to me.

150. If I had performed at the same level as the more experienced, top 

performer at GR, I would have earned an additional $6,000 in total 

income, or $1,000 monthly, before the company terminated all 

salespeople in June 2018.

151. If I was the top performer from December 2017 to June 2018, my monthly 

income would have been $8,000 monthly.

152. My 2017 W-2 at GR was $63,894 for 6 months or $10,649 per month.

153. My 2017 W-2 at GPSI was $72,285 for 2 months or $36,142 per month.

154. In Walker’s declaration, he states that my 2017 income is skewed because 

of an atypical sales month.

155. Assuming Walker was correct, my average monthly earnings for my final 

12 months at GPSI was still over $13,000 per month on average,

compared to $8,000 per month at GlobeRanger.

XVIII. GlobeRanger Requirements to Change Industries 

156. After four months at GlobeRanger, I was required to switch markets and 

begin selling to aviation. 

157. I had no experience or interest in aviation but was also given no choice.

158. I was also required to pitch a product that I describe as “half-baked.”

159. I was not comfortable with this type of “sales” or “prospecting,” and I 

expressed my concerns to my supervisors.

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XIX. GlobeRanger Did Not Have Good Cause to Terminate Me 

160. I never received a warning regarding my actions or behavior while at 

GlobeRanger, and I was not terminated for cause.

161. I was terminated after raising concerns about not receiving a commission 

plan until five months after I started, the commission plan being 

unrealistic, and a lack of a product to sell or market in which to sell.

162. I did not make a recording of the dinner Defendants refer to in their MSJ.

163. I never told my co-workers that I recorded the meeting. 

164. I was never asked not to record phone calls by the CEO or anyone else 

at GR.

165. I was never told that I would be terminated if I did not start prospecting.

166. I never refused to visit a prospect.

167. I never refused to do anything asked of me by GR.

168. In September 2017, I did travel to meet Zodiac, the prospect mentioned 

during GR’s deposition.

169. I also travelled to see prospects in Michigan (Magna) and California 

(Unical, Northrop Grumman, Meggitt Polymers) and to visit GlobeRanger 

headquarters in Dallas on multiple occasions.

XX. GlobeRanger Executive Sponsorship Calls

170. The Executive Sponsorship calls with Dennis Badman, CEO, were never 

positioned to me as disciplinary in nature nor treated as such. 

171. Dennis was looking to me for insights into what was actually taking place 

in the field. 

172. Those calls ended in October 2017 after GR’s realignment.

XXI. Usage of the Report for Employment Purposes

173. The attorney who requested the Report was engaged to handle the 

negotiation of my severance; the parties were actively engaged in 

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negotiating a severance package at the time the Report was obtained. 

(AH 47).

174. VP of Operations, Elliot Batcheller, testified that Donat justified my 

termination by using information in the Report. (H 15-16, 18-19).

175. Donat admitted to me in a text dated March 9, 2018, that he was 

“lookingfor/ finding: documenting more” reasons for “pulling the plug” 

on me a few days before the Report was generated. (BF).

176. Donat also used the Report in an attempt to retain Robert Dennis as an 

employee by showing that he should choose GPSI over me because I had 

filed bankruptcy and lived in multiple homes.

177. Donat’s lawyer also requested and obtained a copy of Lisson’s consumer 

report from LexisNexis when requesting the Report. Ironically, Donat 

refuses to produce this report, citing privacy concerns. (Id.).

XXII. Usage of the Report for Credit Purposes

178. Donat has made the claim that, as of March 13, 2017, when the Report

was generated, I owed GPSI money based on a promissory note dated 

December 31, 2014, in the amount of $5,741.55. (Doc. 112 at 9; 24).

179. In other words, when requesting and reviewing the Report, Donat believed

I owed money to GPSI based on that promissory note. (K 49, 130).

XXIII. Usage of the Report for Insurance Purposes

180. On March 27, 2017, two weeks after the Report was obtained, Defendants 

protested my unemployment insurance claim. (AI 98).

XXIV. Dismissal of Claim for Intentional Interference with Business Relations

181. I believe that Defendants interfered with my ability to find other 

employment and that such evidence would be contained in the documents 

withheld by Defendants.

182. I, however, do not wish to delay these proceedings any further and will 

reluctantly agree to dismiss this claim.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 213 of 247
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183. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the 

laws of the United States of America that the foregoing is true and correct. 

EXECUTED this 15th day of November 2018.

Jeremy Thacker

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 214 of 247
EXHIBIT N1 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 215 of 247
f- ➔ C O i Airbnb. Inc. !US] https:/ twww.airbnb.com ltrips 

lAN 

https;1,-.,airbnb.com/rt10m~12324TT9 

Tech Soo,I Shop St? ■ Travel 

Past Trips 

Austin 

Nov 8 - 9, 2016 • 2 guests 

Stylish, Central 2BD/ 2BA in Tarrytown 

***** Read Your Review 

Get Receipt 

Send or request money 

Boise 

Dec 9 - 10, 2014 • 1 guest 

It's all about the city. 

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""°"'' Projects 

Seattle 

May 22 - 23, 2015 • 1 guest 

Immaculate Downtown Bellevue 

Condo 

Get Receipt 

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Home Aut~tJOn r.: Google News C Drive G E~ forw.wd,ng 

Seattle 

May 19 - 22, 2015 • 2 guests 

Sky Cabin Apartment with Views 

***** Read Your Review 

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Send or request money 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 216 of 247
EXHIBIT N2 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 217 of 247
£airbnb 

Confirmed: 1 night in Austin, TX 

Booked by Jeremy Thacker 

Monday, Oct 31, 2016 

Check In 

NovS,2016 

Entire home/apt 

> 

Check Out 

Nov9,2016 

Stylish, Central 2BD/2BA in Tarrytown 

1306 Norwalk Lane 305 

Austin, TX 78703 

United States 

Hosted by Nat Nealeigh 

Phone:.±l(512)332-9780 

2 Travelers on this trip 

Jeremy Thacker 

Josh Danke 

Business trip notes 

[None added] 

Cost per traveler 

This trip was $96.00 per person, per night, 

including taxes and other fees. 

Security Deposit 

A Host requires a Security Deposit of $450 to 

book this listing. The Guest is responsible for the 

amount of the Security Deposit, but it will not be 

charged unless the host makes a claim. 

Charges 

$86.00 x 1 night 

Cleaning fees 8 

Service fee 8 

Total 

Payment 

Paid with AMEX .. ,.1083 

Mon, October 31, 2016@ 2:04 PM MST 

Total Paid 

Average nightly charges 

Average nightly price 

Average cleaning fee 

Average guest fee 

Total per night 

Airbnb, Inc. 

888 Brannan Street 

San Francisco, CA 94103 

Accepted 

QJ5QAF 

$86.00 

$85.00 

$21.00 

$192.00 

$192.00 

$192.00 

Add billing details 

$86.00 

$85.00 

$21.00 

$192.00 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 218 of 247
Need help? 

Visit the Help Center for any questions. 

QJ5QAF 

Booked by Jeremy Thacker 

Monday, Oct 31, 2016 

Cancellation policy: Strict. Certain fees and taxes may be non-refundable. See here for more details. 

Airbnb Payments, Inc. ("Airbnb Payments") is a limited payment collection agent of your Host. This means that upon your 

payment of the Total Fees to Airbnb Payments, your payment obligation to your Host is satisfied. Refund requests will be 

processed in accordance with: (i) the Host's cancellation policy (available on the Listing); or (ii) Airbnb Payment's Guest 

Refund Policy Terms, available at https://www.airbnb.com/terms. Questions or complaints: contact Airbnb Payments at 

855-4-AIRBNB (855-424-7262) 

Explanation of Security Deposit 

Hosts can make a claim on their deposit within 14 days of your checkout date or before the next guest checks in, whichever 

is earlier. If a claim is initiated, Airbnb Customer Service will be in contact with both you and your Host to make sure both 

parties are represented fairly. Additional details regarding the Security Deposit are available at 

https://www.airbnb.com/help/article/352. 

Payment processed by: 

Airbnb Payments, Inc. 

888 Brannan Street 

San Francisco, CA 94103 

Airbnb, Inc. 

888 Brannan Street 

San Francisco, CA 94103 

Need help? Visit the Help Center, email us or call (800) 024 7626. 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 219 of 247
EXHIBIT N3 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 220 of 247
From: 

on behalf of 

Sent: 

To: 

Jeremy Thacker [/o=MEX09/ou=Exchange Administrative Group 

(FYDI BO H F23SPDL T)/ cn=Recipients/ en =542e 77fa 7 eea495 ladbe 7 e2c97 e2fd54-jeremy .thacker) 

Jeremy Thacker [/o=mex09/ou=exchange administrative group 

(fydi bohf23spdlt)/ cn=recipi ents/ cn=542e 77fa 7 eea495 lad be 7 e2c97 e2fd54-jeremy. thacker) 

11/7/2016 4:00:13 PM 

Harold Leitner [harold.leitner@gpsinsight.com); Elliot Batcheller [elliotb@gpsinsight.com); Josh Danke 

Liosh.danke@gpsinsight.com); Jason Walker Liason.walker@gpsinsight.com) 

Subject: FW: LCRA Visit Agenda 

Attachments: GPS Insight Agenda.docx 

We just received the Agenda from LCRA for the next 2 days on-site. Josh and I are meeting to discuss shortly. Just 

keeping you in the loop. 

Jeremy Thacker I Government Sales Manager - Southwest 

GPS Insight 

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

480.663.9472 

gpsinsight.com 

h~ "'..♦.~ .. , 

·~ Gi?5 

I NS I H 

From: AshleyErickson[mailto:Ashley.Erickson@LCRA.ORG] 

Sent: Monday, November 7, 2016 8:48 AM 

To: Josh Danke <josh.danke@gpsinsight.com>; Jeremy Thacker <jeremy.thacker@gpsinsight.com> 

Cc: Jeannine Vater <Jeannine.Vater@LCRA.ORG>; Daniel McKinnis <Daniel.McKinnis@LCRA.ORG>; Miguel Nunez 

<Miguel.Nunez@LCRA.ORG> 

Subject: LCRA Visit Agenda 

Josh and Jeremy, 

Here is a high-level agenda for tomorrow and Wednesday. Let me know if anything is missing or needs to be adjusted. 

Thanks, 

Ashley 

THACKER53315 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 221 of 247
EXHIBIT N4 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 222 of 247
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Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 223 of 247
EXHIBIT O 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 224 of 247
To: Jeffrey A. Silence; Palys, Stefan M.; Francis, Carrie M.

Cc: "Timothy B. O"Connor" (toconnor@soarizonalaw.com); Kraig J. Marton

Date: Tuesday, November 6, 2018 4:09:28 PM

Jeff,

We’ve already discussed this both on the phone and now in the e-mails below. We believe what we

submitted to the court is accurate. If you disagree, you can proceed as I outlined below. We’re not

responding to further e-mails on this topic.

Michael Vincent | Attorney | Stinson Leonard Street LLP

1850 N. Central Avenue, Suite 2100 | Phoenix, AZ 85004-4584

T: 602.212.8544 | F: 602.586.5295

michael.vincent@stinson.com | www.stinson.com

Legal Administrative Assistant: Christina Roundtree | 602.212.8553 |

christina.roundtree@stinson.com

From: Jeffrey A. Silence <jxs@jaburgwilk.com>

Sent: Tuesday, November 06, 2018 16:03

To: Vincent, Michael <michael.vincent@stinson.com>; Palys, Stefan M. <stefan.palys@stinson.com>;

Francis, Carrie M. <carrie.francis@stinson.com>

Cc: 'Timothy B. O'Connor' (toconnor@soarizonalaw.com) <toconnor@soarizonalaw.com>; Kraig J.

Marton <kjm@jaburgwilk.com>

Subject: RE: Transcripts of 4 audio recordings

Michael,

Are you refusing to answer whether you or your clients made changes? 

JEFFREY A. SILENCE | Partner | D 602.248.1079

This communication is intended only for the individual or entity to whom it is directed. It may contain information that is privileged, confidential,

or otherwise exempt from disclosure under applicable law. Dissemination, distribution, or copying of this communication by anyone other than the

intended recipient, or a duly designated employee or agent of such recipient, is prohibited. If you have received this communication in error,

please notify us immediately by telephone at (602)248-1000, or via e-mail, and delete this message and all attachments thereto.

From: Vincent, Michael [mailto:michael.vincent@stinson.com] 

Sent: Tuesday, November 6, 2018 3:55 PM

To: Jeffrey A. Silence; Palys, Stefan M.; Francis, Carrie M.

Cc: 'Timothy B. O'Connor' (toconnor@soarizonalaw.com); Kraig J. Marton

Subject: RE: Transcripts of 4 audio recordings

Jeff,

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 225 of 247
We’ve already discussed this. Your comparison to edited emails or text messages doesn’t make

sense. The original is the recording, not the transcript. You have the original recording. You can

check yourself if something is inaccurate in the transcript.

If you believe there’s something materially incorrect in the portions of the transcripts that we cited

to the court in our summary judgment briefing, you should submit the recording itself to the court

and point out the errors.

Michael Vincent | Attorney | Stinson Leonard Street LLP

1850 N. Central Avenue, Suite 2100 | Phoenix, AZ 85004-4584

T: 602.212.8544 | F: 602.586.5295

michael.vincent@stinson.com | www.stinson.com

Legal Administrative Assistant: Christina Roundtree | 602.212.8553 |

christina.roundtree@stinson.com

From: Jeffrey A. Silence <jxs@jaburgwilk.com>

Sent: Tuesday, November 06, 2018 15:43

To: Vincent, Michael <michael.vincent@stinson.com>; Palys, Stefan M.

<stefan.palys@stinson.com>; Francis, Carrie M. <carrie.francis@stinson.com>

Cc: 'Timothy B. O'Connor' (toconnor@soarizonalaw.com) <toconnor@soarizonalaw.com>; Kraig J.

Marton <kjm@jaburgwilk.com>

Subject: RE: Transcripts of 4 audio recordings

Michael,

The court reporter certified the transcript in preparation for the Court and you cited the transcripts

numerous times as evidence supporting material facts in your MSJ.  We care for the same reason

that we would care if you edited emails or text messages and submitted them as originals.

JEFFREY A. SILENCE | Partner | D 602.248.1079

This communication is intended only for the individual or entity to whom it is directed. It may contain information that is privileged, confidential,

or otherwise exempt from disclosure under applicable law. Dissemination, distribution, or copying of this communication by anyone other than the

intended recipient, or a duly designated employee or agent of such recipient, is prohibited. If you have received this communication in error,

please notify us immediately by telephone at (602)248-1000, or via e-mail, and delete this message and all attachments thereto.

From: Vincent, Michael [mailto:michael.vincent@stinson.com] 

Sent: Tuesday, November 6, 2018 3:18 PM

To: Jeffrey A. Silence; Palys, Stefan M.; Francis, Carrie M.

Cc: 'Timothy B. O'Connor' (toconnor@soarizonalaw.com); Kraig J. Marton

Subject: RE: Transcripts of 4 audio recordings

Jeff, why is this important? We’ve already discussed that at trial, the recording is what will come into

evidence.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 226 of 247
Michael Vincent | Attorney | Stinson Leonard Street LLP

1850 N. Central Avenue, Suite 2100 | Phoenix, AZ 85004-4584

T: 602.212.8544 | F: 602.586.5295

michael.vincent@stinson.com | www.stinson.com

Legal Administrative Assistant: Christina Roundtree | 602.212.8553 |

christina.roundtree@stinson.com

This communication (including any attachments) is from a law firm and may contain confidential and/or privileged

information.  If it has been sent to you in error, please contact the sender for instructions concerning return or

destruction, and do not use or disclose the contents to others.

From: Jeffrey A. Silence <jxs@jaburgwilk.com>

Sent: Tuesday, November 06, 2018 15:07

To: Vincent, Michael <michael.vincent@stinson.com>; Palys, Stefan M.

<stefan.palys@stinson.com>; Francis, Carrie M. <carrie.francis@stinson.com>

Cc: 'Timothy B. O'Connor' (toconnor@soarizonalaw.com) <toconnor@soarizonalaw.com>; Kraig J.

Marton <kjm@jaburgwilk.com>

Subject: Transcripts of 4 audio recordings

Michael,

Can you tell us whether you or your clients made any changes to the transcripts for the 4 audio

recordings? If so, what changes were made?

JEFFREY A. SILENCE | Partner | D 602.248.1079

This communication is intended only for the individual or entity to whom it is directed. It may contain information that is privileged, confidential,

or otherwise exempt from disclosure under applicable law. Dissemination, distribution, or copying of this communication by anyone other than the

intended recipient, or a duly designated employee or agent of such recipient, is prohibited. If you have received this communication in error,

please notify us immediately by telephone at (602)248-1000, or via e-mail, and delete this message and all attachments thereto.

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 227 of 247
EXHIBIT P 

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G?S 

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EXHIBIT Q 

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M Gmail Kristin Lisson <kristin.lisson@gmail.com> 

Tyler 

1 message 

Kristin Lisson <kristin.lisson@gmail.com> 

To: jeremy@thackerfamily.com 

Tue, Mar 7, 2017 at 10:33 AM 

Tyler just came into my office and asked how I was doing. I told him I could do my job and work with him fine but that I 

wasn't going to lie to him and tell him it didn't hurt my feelings how he approached me on Thursday night at the game 

under the guise of friendship and care only to use what I said later in discussions with Jason. He said he was really sorry 

and that he didn't even consider that I would've thought that because .. . 

"Jason and I didn't know what were going to do until Friday morning after we talked to Rob." 

He openly admitted that they had not made their mind up about how to proceed with you until Friday and that part of the 

reason for their decision with you was that they didn't want me to leave the company, which I had mentioned to Tyler as 

one of my options on Thursday. 

There's more, but I wanted to get that quote down before I forgot it. Wish I had recorded it. 

LISSON000624 

GPSI 00109117 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 240 of 247
EXHIBIT R 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 241 of 247
EXHIBIT S 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 242 of 247
CONFIDENTIAL 

W-2 

re<lernl Filing Copy 

Wage and Ta, 

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Employee Reference Copy 

W-2 Wage and Tax 2017 Statement 

Copy C for Employee Rec-eords 

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Form W•2 Wau- & Tax Stat•m•rmt D•pt of tho Tr~aaury-11{$ ◊--IB ··No. 15,MJ,OOM form W•2 Wl'lQG & Tn Sl.t1arnMt (Mpt, ,of the lt•H.Ury•IRS 0MB: No i!S;45-0ot 

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2017 W-2 and EARNINGS SUMMARY 

You can file your U.S. federal and state taxes with TurboTax directly from your 

company's employee self-service system. To take advantage of this convenient 

feature you can log in to your UltiPro portal, view your Form W-2, and click on the 

Export to Turbo Tax link. You can also get started with Turbo Tax directly by 

scanning the QR code or by typing this into your web browser: 

https ://tu rbotax.intu it.com/ affiliate/ultipape r 

Ulttmate SOFTWAH 

l'Mflt free 

This Earning Summary section Is included with your W•2 to help describe portions In more detail. 

1. The following information reflects your final pay statement plus employer adjustments that comprise your W-2 statemen 

Earnings Description 

Gross Wages 

Less Exempt Wages 

Less Deferred Comp 

Less Housingrrransportation 

Less Dependent Care 

Less Sec 125 

Less Excess Wages 

Taxable Wages 

(Reported on Form W-2) 

Wages, Tips, Other Comp. 

63894.09 

4675.81 

795.00 

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Box 1 otW-2 

Social Security Wages 

63894.09 

795.00 

63099 09 

Box3of W-2 

Medicare Wage! 

63894,09 

795 00 

6309909 

Box5 orw.; 

2. flmo!me W:-4 Profile To cha0ge your emplQY!lll W:4 profile Information. file a new W-4 with the payroll department 

FIT: S 3 SIT Res: AZSIT C 0 SITWorkc AZSIT C 0 

Page 1 of 1 

THACKER64220 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 243 of 247
EXHIBIT T 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 244 of 247
Mar 30, 2016, 8:22:17 PM Eastern Time: Me: "How's life? We are both so busy, we never get to chat. I miss getting to 

talk with you." 

Mar 30, 2016, 8:48:21 PM Eastern Time: Tyler Mortensen: "I know it's crazy, you're turning into a road warrior." 

Mar 30, 2016, 8:49:14 PM Eastern Time: Tyler Mortensen: "Life is good just busy. Trying to keep up with everything at 

work and keep everyone happy. Clint just put in his two weeks 

Notice" 

Mar 30, 2016, 8:49:16 PM Eastern Time: Me: "I've never been part of any opportunity like this before. I can barely sleep 

because I feel like I'm in the gold rush." 

Mar 30, 2016, 8:50:09 PM Eastern Time: Me: "BTW, working directly with Jason has changed our relationship 

COMPLETELY around. You were right that I would see him differently." 

Mar 30, 2016, 8:50:54 PM Eastern Time: Tyler Mortensen: "Yea you are in a great position, I'm looking forward to seeing 

it all come in" 

Mar 30, 2016, 8:51 :16 PM Eastern Time: Tyler Mortensen: "And I'm glad it's working out, I think it's changing his 

perspective too, which is good" 

Mar 30, 2016, 8:51 :41 PM Eastern Time: Tyler Mortensen: "Jason's a direct path to Rob" 

Mar 30, 2016, 8:51 :59 PM Eastern Time: Me: "So is my 23 year old gf ~ " 

Mar 30, 2016, 8:52:48 PM Eastern Time: Me: "It looks like Evan and Ross are picking up steam. I haven't even looked 

at SMB numbers this month" 

Mar 30, 2016, 8:56:55 PM Eastern Time: Tyler Mortensen: "That's funny and sounds about right" 

Mar 30, 2016, 8:57:17 PM Eastern Time: Tyler Mortensen: "Yea they are doing well. I haves feeling Miles looking for 

another job" 

Mar 30, 2016, 8:57:37 PM Eastern Time: Tyler Mortensen: "SB will do 200 again th is month which is good. Alex has 

done about 65" 

Mar 30, 2016, 8:57:44 PM Eastern Time: Me: "Mike?" 

Mar 30, 2016, 8:58:06 PM Eastern Time: Tyler Mortensen: "Oops, yes Mike S" 

Mar 30, 2016, 8:58:14 PM Eastern Time: Tyler Mortensen: "He wants more money" 

Mar 30, 2016, 8:59:14 PM Eastern Time: Me: "I haven't talked to him since that falling out a couple of weeks ago. It 

wouldn't surprise me. He's really entitled and impatient. He's talented and hustles but those other traits make it tough." 

Mar 30, 2016, 9:00:21 PM Eastern Time: Me: "Don't repeat this but he lives with his mom. He is desperate to move out. 

So I wouldn't be surprised at all." 

Mar 30, 2016, 9:01 :09 PM Eastern Time: Me: "Ryan Hill quit his new job. I bet he'd have a change of attitude if we'd hire 

him back. Hard to get people up to speed" 

Mar 30, 2016, 9:03:13 PM Eastern Time: Tyler Mortensen: "I didn't realize that. I know he's not making what he wants to 

and seeing Clint leave for s better base and upside will probably make him think even more about it" 

Mar 30, 2016, 9:03:37 PM Eastern Time: Me: "I didn't know Clint was leaving." 

Mar 30, 2016, 9:03:49 PM Eastern Time: Tyler Mortensen: "Ryan was good, it's frustrating that didn't work out because 

he knew what he was doing" 

Mar 30, 2016, 9:03:59 PM Eastern Time: Tyler Mortensen: "Yes Clint put his notice in today" 

Mar 30, 2016, 9:04:20 PM Eastern Time: Me: "Maybe the time apart would change things. Sometimes dramatic events 

make people see things differently." 

Mar 30, 2016, 9:06:20 PM Eastern Time: Tyler Mortensen: "I think it's possible for sure. Not sure other people would be 

wi lling to try it again though. Just a guess, I haven't talked to anyone about it" 

Mar 30, 2016, 9:07:54 PM Eastern Time: Me: "I don't know either. It's tough to do though. I do think he realizes what a 

special place and opportunity GPSI is. I don't know if he knows how to not be so disruptive though." 

Mar 30, 2016, 9:09:52 PM Eastern Time: Tyler Mortensen: "Yea it's hard to change someone and would be risky to take 

that chance again. And he would have to go to the gov team which would mean Jason would definitely have to be ok 

with it" 

Mar 30, 2016, 9:10:10 PM Eastern Time: Tyler Mortensen: "There aren't any positions open on the commercial side" 

Mar 30, 2016, 9:14:12 PM Eastern Time: Me: "That's a tough sell. Where is Clint going?" 

Mar 30, 2016, 9: 19:47 PM Eastern Time: Tyler Mortensen: "Heat software" 

Mar 30, 2016, 9:20:10 PM Eastern Time: Tyler Mortensen: "I think in just going to apply for the gov Midwest position and 

let" 

Mar 30, 2016, 9:20:10 PM Eastern Time: Tyler Mortensen:" someone else manage~" 

Mar 30, 2016, 9:20:57 PM Eastern Time: Me: "Dude, not to be discouraging but I don't know why you don't do that. Get 

rid of SMB and let Phil manage everyone else." 

Mar 30, 2016, 9:21 :21 PM Eastern Time: Me: "I think $250 to $500K per year is realistic for the next 3 years" 

Mar 30, 2016, 9:21 :45 PM Eastern Time: Tyler Mortensen: "It would be fun but probably not likely" 

Mar 30, 2016, 9:22:22 PM Eastern Time: Tyler Mortensen: "It would be crazy though" 

Mar 30, 2016, 9:24:39 PM Eastern Time: Me: "VZW owns(ed) government and they shit the bed . All the early adopters 

are ready to leave them and all the late adopters are ready to do it now. It's a good spot" 

Mar 30, 2016, 9:25:41 PM Eastern Time: Tyler Mortensen: "Yea it is. It's pretty crazy" 

Mar 30, 2016, 10:09:05 PM Eastern Time: Tyler Mortensen: "When you make $500k in a year I'll expect a steak dinner 

THACKER6591 3 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 245 of 247
Mar 30, 2016, 1 0: 11 : 11 PM Eastern Time: Me: "You'll get more than that. I owe you a lot. I know you were joking but I'm 

not." 

Mar 30, 2016, 10: 11 :38 PM Eastern Time: Tyler Mortensen: "I think you can make it happen" 

Mar 30, 2016, 10:11 :56 PM Eastern Time: Tyler Mortensen: "This year alone could be awesome" 

Mar 30, 2016, 10: 12:07 PM Eastern Time: Tyler Mortensen: "For you specifically" 

Mar 30, 2016, 10:12:26 PM Eastern Time: Me: "Yeah, that part is really surprising. I thought this year was going to really 

suck" 

Mar 30, 2016, 10:15:27 PM Eastern Time: Me: "Dude, I just saw that JP Pest ordered 27 Units and Easter Seals 

ordered 12. That's like Christmas" 

Mar 30, 2016, 10: 18: 18 PM Eastern Time: Tyler Mortensen: "Loi good stuff' 

Mar 30, 2016, 10:18:21 PM Eastern Time: Tyler Mortensen: "That's sweet" 

Labels: Text, lnbox 

THACKER65914 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 246 of 247
EXHIBIT U 

Case 2:18-cv-00063-DGC Document 129-1 Filed 11/15/18 Page 247 of 247