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0001
2 IN THE MATTER OF
5 PROCEEDING NO.
6 01-17-0003-2867
10 Claimant/Plaintiff(s),
11 vs.
13 Respondent/Defendant(s).
14
16 DAY THREE
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0002
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Trial Transcript Anonymized to protect identity of the Claimants
1 INDEX
4 MR. GIBSON 3
5 MR. CAMPBELL 31
6 MR. GIBSON 85
7 MR. CAMPBELL 89
8 CERTIFICATE 96
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0003
2 your name?
2
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4 Jeff Curtis.
7 you in.
8 JEFF CURTIS,
10 testified as follows:
11 DIRECT EXAMINATION
22 Florida.
0004
3
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7 that day falls on.
12 as a certified operator?
20 Control Association.
0005
4
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10 damage claims for the gulf region,
22 on.
0006
1 to write it down.
2 A. That's okay.
12 branches.
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13 So all of these regions had one or
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6
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16 to be associated with a branch that is in
0008
2 control.
7 termite areas.
11 Terminix?
13 we had --
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19 level staff in. We had branch changes,
0009
4 down.
14 of the business.
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22 Q. Why is a moisture meter important
0010
1 the state?
0011
9
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1 imaging pulls hot and cold spots off of
23 wall.
0012
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4 those types of assets --
16 would be.
18 with that?
19 A. Scheduling as far as -- so we
0013
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7 Q. Have there been changes to the
8 claims process?
22 ARBITRATOR: Well, as I
0014
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10 MR. COCHRAN: And just one
18 still responsible.
20 ARBITRATOR: Everyone
21 understands that.
0015
6 A. So claims is a piece of a
10 claims.
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13 help push the claims through the system
20 the gulf?
23 before.
0016
2 needed to be addressed?
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16 Industries and Terminix related to baiting
20 correspondence?
21 A. I am.
0017
2 Department of Agriculture?
12 undertaking.
18 to put together.
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19 We had to find a building, remodel
0018
11 areas.
15 provided?
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22 lost track.
0019
0020
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1 currently in the state.
10 like?
0021
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4 Now, here in south Baldwin County,
11 treatment?
12 A. Yes.
15 treatments.
0022
19
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7 about?
14 line?
20 contract.
0023
5 A. Yes.
20
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10 Terry Thompson's name handwritten on the tab
18 contract.
0024
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13 such as in your carrying case there. It's
15 anymore.
23 been tracked on --
0025
1 A. No.
3 produced here?
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16 this particular file jacket, why there's a
0026
12 folders.
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19 time that you're aware of Terminix using
0027
10 systems anymore.
21 entire culture.
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22 Q. And your current title is director
0028
1 A. Correct.
4 that role?
7 kind of two-fold.
13 above me.
19 correct?
20 A. So --
23 lower threshold?
0029
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1 Q. (By Mr. Gibson) Right. Why does
7 termites.
18 do that.
0030
3 of the region?
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4 A. It does.
8 Mobile counties?
13 on complex issues.
19 accommodate.
23 activity?
0031
2 retreatment.
3 Q. In every instance?
6 retreatment.
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7 Q. Bait or liquid?
13 CROSS-EXAMINATION
14 BY MR. CAMPBELL:
19 different direction?
21 director of operations.
22 Q. Director of operations.
0032
1 director of operations.
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10 reported to the actual regional director.
16 A. Incremental, yes.
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10 a transfer.
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13 is the state form which clearly tells them
14 to contact the company in regards to
15 transfer. And then there's the actual
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16 A. I don't know who spit it out. I
0035
8 things.
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19 that it cancels upon the date of sale, and
0036
7 take place?
13 to be made, no.
17 at some point?
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22 understanding that was going to occur?
0037
8 decision on?
9 A. No.
20 before.
23 clearer.
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0038
1 ARBITRATOR: I understood
6 issue.
22 all states.
0039
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3 for and do you today that the state of
6 considers serious?
18 A. Correct.
0040
3 regulations?
4 A. Yes.
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6 that the branch managers that you
9 right?
21 contracts?
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7 control.
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9 Alabama, for example, on our wood
0042
6 of that tab.
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12 you.
17 A. I see it.
0043
4 regulations.
11 form, yes.
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15 the regulations.
0044
5 contract?
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18 that.
0045
15 you?
16 A. No.
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21 to make this request on behalf of, is that
22 sufficient?
23 A. No.
0046
6 Q. Excuse me?
23 of the property.
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0047
6 anymore.
12 A. No.
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2 A. No.
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3 Q. Separate and apart from the
13 Q. Do you realize --
17 legal question.
18 ARBITRATOR: Well, I
0049
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6 date, which is that if the company does a
12 is correct.
21 no, sir.
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9 understanding of what he thinks the law in
13 that.
18 inspection --
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12 believe is Mrs. Anonymous's estimation of
14 ceiling.
19 inspections.
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15 tell you what's there and it also gives
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2 professional.
5 your answer.
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18 standard tools used in the industry.
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12 we do not deface.
19 opinion.
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21 unreasonable to expect a Terminix employee
0055
20 a regular vehicle.
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2 A. Yes.
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3 one and go out to that customer's house
12 whatnot.
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1 ladder.
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6 company in the right direction as a result
13 turned around?
0059
1 requiring us to do now.
6 April of 2018.
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9 soil contract?
20 no.
0060
2 haven't they?
8 ever; correct?
11 pressure markets.
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12 Q. And while we're on that topic
15 taking.
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1 correct?
2 A. Incorrect.
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15 contracts were submitted to all the states
22 hybrid contract?
23 A. So it is -- it is a repair and
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2 hybrid.
9 months; correct?
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18 named Nick Vardy, and it was described in
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3 did it.
20 right?
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21 A. I don't think it's as high as
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15 termite infestations?
17 statement.
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0065
11 is disturbed; correct?
20 statement.
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3 corporation Nick Vardy in a recent SEC
7 area?
13 Counties?
17 in this market.
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6 prevention service?
12 in the gulf, so --
19 regulations --
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9 Terminix to be reinfested; correct?
10 A. No, sir.
14 for?
21 concerns.
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11 these assets.
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12 Q. Now, if Terminix was -- even with
19 correct?
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4 right?
6 yeah --
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15 branch manager of the Mobile branch, Matt
19 claims process?
23 idea --
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3 that document?
10 It's there.
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18 service protocol is that termite customers
23 correct?
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1 A. Yes.
11 protocol for --
12 A. There is an acknowledgement
13 required.
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21 had never seen any of the termite service
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21 you added.
22 Q. Okay.
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23 A. It's the appraised value.
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4 structure.
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0075
1 $2.8 million even if the appraised value
2 of the structure itself is only worth
3 400,000?
4 A. Right. It's a like for like
5 repair and the contract says it will pay
6 the cost of labor and materials to repair
7 the termite damage.
8 Q. And so if that's an unusual house
18 floodplain; right?
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0076
1 pre-April 2018.
2 Q. And the company has decided to
17 other markets.
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3 Q. These new dual defend contracts
7 contracts?
23 it?
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5 another phrase.
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6 A. I don't remember. She can read it
7 back maybe.
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8 read it?
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9 ARBITRATOR: Let's not
21 Beth.
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12 Q. Now, getting back to the state
21 regulations?
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3 treatment.
9 it doesn't. I'm not aware of it. [Let’s show the Regulatory Liaison another provision of the
regulations for which he is supposed to be Terminix’s expert.]
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15 considered a comprehensive
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9 A. Or a foam product.
11 --
17 baiting system.
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18 Section 20 is talking about
20 treatment; correct?
21 A. Right. [The upshot of this is that the Treatments Terminix had to perform for the Defined”
treatment that Terminix skipped altogether for up to six years is that it owed all of those customers
the better “comprehensive” treatment that is required by the regulations when they failed to give the
customer what they paid for in the first place.]
23 short break.
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8 talking about.
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CASH SETTLEMENTS
16 Q. One of the other things that is a
0084
9 correct?
13 contract.
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18 A. From my understanding, both
0085
2 and non-disparaging?
3 A. Right.
6 REDIRECT-EXAMINATION
7 BY MR. GIBSON:
8 Q. Very briefly.
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21 visible evidence of active or previous
0086
7 in the property?
23 contract?
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0087
2 the renewal.
10 agreements?
15 the company.
20 or is that a contract-by-contract
21 analysis?
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3 liability to damage that occurs while a
10 industry?
11 A. Yes.
20 entered into.
0089
1 industry?
5 have those.
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6 Q. So states where Formosan pressure
11 them.
14 RECROSS-EXAMINATION
15 BY MR. CAMPBELL:
0090
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9 states that makes logical sense to pull
12 one unit.
14 termite map --
15 A. Yes.
18 A. Yes.
21 problem?
23 identified.
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6 eight counties --
9 clear.
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12 and Baldwin County? I'm confused.
0092
3 questioning?
8 questioning?
9 A. Yes.
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15 MR. GIBSON: Tom, just to
0093
7 read it.
11 visible evidence?
17 document.
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18 ARBITRATOR: Well, I'll tell
0094
4 different.
6 --
8 point.
11 didn't say.
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21 Mr. Curtis. You're free to leave.
0095
3 stuff.
17 to get it fixed.
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1 CERTIFICATE
3 STATE OF ALABAMA )
4 TUSCALOOSA COUNTY )
14 at said time.
20
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