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Home My WebLink AboutCourt documents 10/7/22- ElectricalAO 11A ffty. [2ao) Sob;*=fo Terjj) et a Mpoelloa in a CiVH AetkM UNITED STATES DISTRICT COURT for the District of Massachusetts United Property 8 Casualty lnu noe Company(v Ptatxtlp v } Civil Action No, 1� Broan-NuTone LLC Weudaw SUBPOENA TO TESIM AT A DEPOSITION IN A CIVIL ACdION� A. To: Ken E1Gatt Yarmouth Electrical Inspector, Yarmouth Town Nall, 1146 Route 28, South Yarmouth, Massachusetts (Name efperrm to wham this scbpmma 4r s0rict ap 9'TestimOny: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a deposition to be taken in this civil action, tf you am an orgaruzation, you must promptly confer in good faith with the party serving this subpoena about the following matters, or those set forth in an attachment, and you must designate one or more officers, directors, or rnanagtng agents, or designato other parsons who consent to testify on your behalf about these matters: Place: 3rnM Duggan W05 HM LLPData and Tfmo: 55 Old Bedford Road 10l07&M 1:00 pm Lkwoln. Massachusetts The deposition will be rtoorded by this method: Stonographbcafiy e Producrion.- You, or your representatives, most also bring with you to the deposition the fo l lowing documents, electronically stored irtfbtrnation, or objects, and must permit inspection, copying, testing, or sampling of the material: an documents (ftx* ling reports, notes, photographs, and videos) retated to (1) the %"mbar 28, 2018 fire at 601 Routh eA, Yarmouth Port, Massechusette and (2) ali electrical permits and docrunerts rotated to work performed at 601 Routh 6A, Yarmouth Port, Massachusetts pater to September 28, 2018 The following provisions of Fed. R Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance; Rule 45(4 relating to your protection as a person subject to a subpoena; and Rule 45(c) and (g), relating to your duty to respond to this subpoena and the pole TtW consequences of not doing so. Date: =26r,= CLEM OF COURT S4rxahnv olCtent or Deputy MA OR data try'e,d�mtun The name, address, email address, sad telephone number of the attorney representing (Kam, of party) Broan-NuTone LLC_ f ` who issues or requests this Sub poena, bpoena, are: Msdren D. Black, SmM Duggan Buell 8 Rulo LLP, 55 Old Bedford Road, Lincoln, MA oir,8, (617) 228.4458 Notice to the person who [=as or requests this subpoe" If this subpoena commands the production of documents, electronically stored iitfarttlaiian, or tangible th ings before tria], a notice and a copy of the subpoena must be served on each party in this can before it is served on the person to whom it is directed. Fed. R. CN. R 45(ax4). AO UA (tom'. 'V20) SWVC ae to T"'t* at. DePDsWw is a Civi Atriem (Psge 3) FedeM Rafe of Civil Procedure 45 (e), (d), (e), and (g) (Stfedin 17.nM) (e) Pleee of Ceenpii.nce. (1) for a T PK 9eviat or 11wo byas. A subpoem may oommmd . P— to Mod a trill. bewio& at depvdt M oaf As Fallow: (A) vvidtta 100 Mika of where the perms resides, is .mployed, ar sty traAsaw kuloess to yemon; or (8) wift the stsis whM dw paeanMsides, b smpiaycd, or rtgtdMy ftntacts htah m In permn, if the prune, 0) is a Pam or a Pat ty's ofsom or 00 Is COMUMMIM to ett- a trill and would not incur nibftantiai (2) Per OrbaDfsoaswy. A Utroau may votumtC (AJ P of doatmems, alectivnic tly timed Information, or is wlk temp at a plats within 100 Mies of where the person Mddes, h TMY4� �r*�Fy transacts husm= is pwaoA; and preselect at the premises to be 6gpected (d) ProOet<h 2 a Pries Sat(M to a Srrl}poeaa; Baft>a+ttruasst. ) &q UMig dafdaa Or EJWCMr .S MVwM A party or M" and sr-V4 a n6poens on tam rm�mnsbie �r UkJW oo the step or TU cow lbr the 4fsn wb oa a person oomplimce is required muse this duty and b�polp art appWim swdjm—� raq butode lost essafaga sod reftwAble amxwy's abet --sae s puq or s¢vmey who $Rs to tntrtply. (2) CaauasaAho pm sros Awalats or p0Mft rxwewsa. (A)+fit Na Hagtrtred A passe ow nst,ded to produce do or to pmmtya t�tbo Wspevdon OftY in�PCs soo� at the Place of wars also �atto apices fat a deposhka. (B) { 4*01orm A pavan cm=&,4ded to pan&= doamxatt or tcUlb ddQJP or W p a mit inspecLan may s ms on The parq of guorspy dedpared m tha tubpoerrs a writOra objeruon to lads m r=any M in arthe vast rids or the vM h=—or m ekmoefcaRy sorted frr�rtnstion Ibe of teed. 91==*tbeftrvtdbefixe use arlia of the time Qed or 14 dos altar Ors subpouu Issmut, If art is made, (4 Ern At my e, rubes Ito rho ceded puson, the tsrvita parq may move an Court &r tbo distriu whoa compliance is ,trial cd Arm order w or Jrdped6w Mens �iegnlmd a* a dh � in the ardor, sad the ardor trout VOW a Pwsna Who Is neither a part)' am a psrty'e ofCar fivm "gr"S"M oxyeate rmaitlag Rum OOM0ianoe. (j) Quam& t orlfet(&W a subpoem (A) IiA,rrr )Qegatred: N timely 10090A, dw coat tot the dhtria where Ootrrpiimoe is rog=sd :rant quash or :noddy a tubptxaa tut: Ws to c0ow a ramoeble lima to comply rPt in Rde 1 W =y bMd n pambiad limits (110 QXIOmte Of Fiviloged or other pad antler if r o exception or twinx applies; or UT) VAJ" a pecan to undue burden. (H) ±Myna Pw To peat -A a person subjat to or wvxt d by . sDpoena, the court for the d at" wbem carttpuence is mquir d tney, oa tnetle4 push Or —MY tea subpoena if it requhec ( mg a trade seaet oc nibs aon46entld nsaarrh Qmlopcumt, or cornmarial n; or P &rJwtg arachtxd oxpert's opinion of iakmatiun that don , not 4, 4ba6PeC11U Q=Wtrxu in dispose cad tesaits &= the aapert'a study MU was Aal. req-99d by a Party. d (C3 �Cumf m alas Ahtn%W .. oir�s ec� m 45(d)(3 19M cqut ors)'. 6uim6 of q Or sr,Ddlty>rig s sa x order VPrsr.000 of prodvuion tatter speciftd qw tiwn if the serwinparty (1) shorn a aobatatttfd a ud fOr the U*Lk orry at material Ihat cla wt be otherwise suet withont undue headship; sad R assures that the VAVCeased pawn will be rasstasbfy toa,pen ell. (a) Datta ba Ltapoading to a Subpoena. (l] Prodaefnr Oormmerrtr err 6Jarn oalad(y Blend 4rV-M sa d,, These silo o � 7" to P stE or eaeetroc ice PDMd s (A) Doawaeafr. A permsrespor1�rI� W a subpoena to produce ammow men product them in that' arc"ID t)te ordinary oomu of b a most v and label them to cwTapond 10 duo cascgmks in the domend (B) Fam far Prodwd W 8kcovakal ftrtdbIlfr wtkx Ake WCO*d if a subpoem :tom tat apes* a term for praduein j etaavalcWy sacred tafbuuatim the Person rerpoodwg rams pr"" it Loa farm of toast in rttddt i< 6 orttiatrity msbsgrirsed w rn a ressosrsbly ua,bl. form or tams (C) ElatroorA-It P Sts d INU-YmXfcve PrgdfrcadOw Foss. The peace responding need not produce the samegoctmrkay siostd utlbtmatloa to torte than cue form. (D) Lcaoesslble i1llecaDwboally Stored! The a rwed rsMOM ot widmuff" so & ftmvM of��PumstandhLbwatioa pecan a t re aextssible becane of undue burdq of non. on Moron to txttgtaS disenwy or Cut a proict: f" ofdm, drC piston -sptmding mast show that tbo is mnflce is not raSMANY -=a bem= of wwbu banden or host, lftbat showf� is made. O,e coot nw aonedtdess order ducovm km Each was t the teques�ary shows good once w" mistiest an ule 26(b Th. s:owt may spoof} amdltittm tAa dtsrnvcry (3) L7sladrlg PrlN &V orPrwvW&a (A)14bP wlow WAUmld A person withboldiaf sobpoeosed iafbrrosiim andw a claim dot it is prinked or suJSfect to protsctim err vwvrparad" traawisi must. (9 rpres ly Mew the claim; and (if) describe the —ra of The wkbbefd dc*moots, osiiom, err Irtgihk thbw m a attotter that, withow tapealfng iniilxv a imdf Plivil,eitCd or ptnaeated, will vubk the putkt to mass eta W:e, (8) l>;{ —&ion Proriucmd If iol mtioa produced In terpone to ■ c b tu4jec�t to a claim ofpdrp� orofpmwctioo as Mosul, the Pelson Mdang the halm may twL'!y any Pasty that received me iuMnnadm of the deem and the basis fbr it, Aft beL� hailfled, a wq mun promptly moan, can, mqueSW, or dcrWoy tea inAWMathm and it tux mw not use or disclose at t in on until the mwhed, � calm etasaaable steps to retrieve the if the paq &wjooed it bepma cotI64, and rosy pmmptty IN the iafixmatioa mtder sad to the toot (or The district where eampi inane is reelttitad Iht a tat-bAtioo Of tiro C1" The Puaoa who :cool-. Ore iaiamutlon meat preserve the h,ibmution Lga the datm is QCOAtUopt tatul 1br the diitria whm OomplimCa tt elm aRer a motion h fr Marne, dse &mial Ootas-..Y,b dI fn � �Pl a Ptnoo *'lie, hariag been s'et1 od. Ails WhIma adequate cw= Do obey dye rxibpoeto or to ordn reisted to It. For atlas tD subpcm rmftkl% tee Fed_ k Civ, P. 45(a) Cmmitice Nota (Ml n 42� 9126/22, 6:23 AM 31 Longfellow Dr, Yarmouth Port, MA 02675 to 55 Old Bedford Rd, Lincoln, MA 01773 - Google Maps Go gle Maps 31 Longfellow Dr, Yarmouth Port, MA 02675 tc 55 Old Bedford Rd, Lincoln, MA 01773 a Harr.,, r w • ara.a --!'•, � . Rncaw SS tw 0ls� Rob .'.t+r. a+i Q fir>Y Mra O'C' •, SI: �� Iww 0.1 =1 C 6rcaaas Fawpai Mr''` n.a ya„ )VMf•/Ga epvvk tarta/'� � Vww -" � Ora ,•n►a'n Leva/R �M mN a)nrr+ I tv r+rontr Sla'a f':r" Cl Nypn/paa[t ra � � Y/ac _ �wwM AtlaOdo ♦, Ms �;Ta.� � —i ♦wai..�,� � p1N e�...n �t Cra li ..l ♦ IRait �r t�• uN 1 H ID E 1'I via MA-3 N Fastest route now due to traffic conditions a via 1-495 N a via MA-3 N and 1-93 N Some traffic, as usual Explore 55 Old Bedford Rd 1 hr 47 min 95.3 miles 1 hr 55 min ,I 108 miles 2 hr 3 min 99.5 miles Restaurants Hotels Gas stations Parking Lots More Drive 95.3 miles, " hr 47 min I gr1y. Jr� Go gle w- _r Map data C2022 Google 5mi- https://www.google.com/maps/d it/31 +Longfellow+Dr,+Yarmouth+ Port, +MA+02675/55+Old+Bedford+Rd, +Lincoln,+MA+01773/@42.094250 8,-71.0272. 1 ! 1 SUPPLEMENTAL EXPENSE DOCUMENTATION FORM Use this form to document additional information needed for certain expenses and to document needed approvals Please document one event per form or for non-event mileage covering a specific period. For expenditures requiring prior administration approval, type ESTIMATE, in the box to the right and use this form to provide an estimate of event costs. The estimate form must be pre -approved and attached to the request for payment. Employee/vendor Name: Ken Elliott I Department: 241 Period: Employee Sign Dept. Head Approval Administration Approval, If needed Mileage Reimbursment Attach: Google Map & Event documentation for out of town travel Date Start Point Destination Miles Notes 10/7/2022 10/7/2022 31 Longfellow Drive YP 55 Old Bedford Road, Lincoln 108 108 Court Subpoena S5 Old Bedford Road, Lincoln 31 Longfellow Drive YP Court Subpoena Mileage Rate: 0.555 ITotal Miles: 216.00 Mileage Amount: 119.88 Miscelleneous Employee Reimbursement Describe Amount Total Expenses/Reimbursment per this submission 1 119.88 Commonwealth of Official Use Only Massachusetts Permit No. BLDE-17-004838 BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked [Rev.]AM APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the MessachuscM Electrical Code (MEC). 527 CMR 12.00 (PLEASE PRWININK OR 1YPEALL INFt7RMAT1O19 Date:3123=17 City or Town of: YARMOUTH Tothe /napectorofWrrrs: By this application the undersigned gives :ce 01 hLs or W inten1wn to perlorin ffic cicrtical work described below. Location (Street & Number) 601 ROUTE 6A Owner or Tenant YASHINA EI(ATERINA Y Telephone No. Owner's Address CRUZ MARLON, 601 ROUTE 6A, YARMOUTH PORT, MA 02675 Is this permit In conjunction with a building permit' Yes ❑ No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps Volts Overhead ❑ Undgrd ❑ New Service Amps Volts Overhead ❑ Undgrd ❑ Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Replacement HVAC and install 12 recessed lights. No. of Meters No. of Meters Completion of the followlnAtable may be waived by the Inspector of Wires. No. of Recessed Luminalra 12 No. of Cell.-Susp4Paddle) Fans No. of Total Transformers No. of Luminalre Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool rbn°d`.e ❑ Iernd ❑ No. of Emergency Lighting No. of Receptacle Outlets No. of Oil Burner$ FIRE ALARMS No. of Zones No. of Switches No. of Gas Burnen 1 No. of Detection and Initiating No. of flanges No. of Air Cond. 1 Total No. of Alerting Devices Na of waste Disposers IleatlPump rnber Ion d No. of Self-Containt No. of Dishwashers Space/Arta heating KW Local ❑ ManiciW,tjo ❑ Other. No. of Dryers Heating Appliances KW SecurityS tems:ets or • oulvalent No. of Water KW Heaters No. of No. of ll Data Wiring: No. Ilydromastage Bathtubs No. of Motors Total HP Telecommunications Wiring: OTHER: Arlach addutonol detail 1fdesired or as required by the Inspector of Wars. Estimated Value of Electrical Work: (When required by municipal policy.) Work to start: Inspection to be requested in accordance with MEC Rule 10, and upon completion INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including 'completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify;) I certdfy, cinder the pains and penoltlei of ptrjary, that the Information on this application Is true and complete. FIRM NAME: WEWNGTON R SOARES Licensee: Wellington R Soarer Signature LIC. NO.: (ttapplleable, enter exrmpr" m the license number lint.) Bus. Tel. No.: 21075 Address:110 BREEDS HILL RD,UNIT 5,HYANNIS MA 026011SU AIL Tel. No.: *Per M.G.L c. 147, s. 57-61, security work requires Department of Public Safety "S" License: OWNER'S INSURANCE WAIVER: I am aware that the License does not have the liability insurance coverage normally required by law. But signature below, I hereby waive this requirement I am the (check one) ❑ owner ❑ owners agent. Owner/Ageat Signature Telephone No. PERMIi'EEE• 200.00 o Ylgi QAlr) 3/ 27Jr7 e - o / o 0 � • J:�k a` M�am.'Aueeile Official Use Only '�' ..f.JePar�runl o�_tiw �iwFus Permit No. �7 e -3s andBOARD OF FIRE PREVENTION REGULATIONS Rc�v.v1//07) l ( Fee Checked mauve blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code ( C}, 327 MR 12.00 (PLEASE PRINT IN INK OR TYP ALL INFOLRAM77ON) Date:R � i a.g (- City or Town of: Y�'1RA To the Inspector of Wires: By this application the undersigned g ves notice of h}}''��jjo��r her intention to perform the electrical work descnbed below. Location (Street& Number) 661 K(J(Lk �O+ Owner or Tenant Owner's Address Telephone No. Is this permit in conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Vohs Overhead ❑ Undgrd ❑ No. of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No. of Meters Number of Fetden and Ampacity Location and Nature of Proposed Electrical Work: VJ 12& i le'r t U.)j" At PH71, J*Ytstaltecyl .f.)- hQtQSStei 415k�-S Comnittlon ofrhe followine table maybe waived by the lnsDector of wtres. No. of Recessed Luminaires No. of Ceil.-Susp. (PFans o ota Tr Tansformtn KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Lnminalres Swimming Pool ove ❑ a- ❑ g rnd. grad. o. o rnmeacy Lighting Battery Units No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners nd o. o test n In Itial Ing Devices No. of Ranges No. of Air Cond. oon •�s No. of Alerting Devices No. of Waste Dis secs p° cat amp Totals: r r ons o. o e - onta o Detection/Alerting Devices ._ ._ No. of Dishwashers Space/Area Heating KW Local ❑ municipal[]OtherConnection No. of Dryersg Heating Appliances ppances KW unty ems: No. of Devices or Equivalent o. ofWster Heaters KW o. o o. o Signs Ballasb Data Wiring; No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP a ecommuamcatrons mr ngg: No. of Devices or E trivalent OTHER: Attach addlllonal detail tfdeslrrd or as requlmd by the lwpector of Winer, Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, d u cGm::&tihrV E D INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of el n 1 work may issue unle s the licensee provides proof of liability insurance including "completed operation" coverage or its bs an w+Aletd,� jhe undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit n 6YfiF�: G TNT` CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) , 4 1 certify, under the pains and penalties of perjury, that the Information on this application Is t pp emp`?� 1 TA It , 4 FIRM NAME: Wellington R Soares, Inc. W 107SA Licensee; Wellington R Soares Signature LIC. NO.: 11376B (If applicable, enter "exempt" in the license number line.) Btrs. TeL No.:_508 77FI 5936 Address: 110 Breeds Nil Rd, unit 5, Hyannis. MA Alt. Tel. No.: *Per M.G.L. c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one)(D owner owner's a ent. Owner/Agent Signature Telephone No. PERMIT FEE. 3 FIRMWOU IRKPOMKO 9/22/22, 3:07 PM Accela Automation EAccela Civic Platform > YARMOUTH BLDE-... C.) STATUS LOCATION CONTACT WORKFLOW > Issued > 601 RO... > Welling... > 5 total Ta Replacem... 03/23/2... YARMO... • 2 comp BLDE-17-004838 Menu Manage Inspection Delete Search Select Record To Copy From Edit Flo - Boo ❑oo 0 0 0 "Record Inspections" 0 Related Records Inspections Q Sched Date Inspection Type Status Insp Date Department Inspector Result Comment 03/28/2017 Residential Electrical R... Scheduled 03/27/2017 Electrical Final Rejected 03/27/2017 Building Kent Elliott 03/23/2017 Electrical Final N/A 03/23/2017 Building Kent Elliott License 0 Rough Pending Professionals PA BLDE-23 -001113 BIDE-23 -001114 FIA BLDE-23 -001115 000 More https://yannouth-prod-av,accela.r-omlportlels/web/en-us/#/core/spacev360/yarmouth.blde i 7004838 1+2 al� Commonwealth of Massachusetts • BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Pe —it No. BLDE•19-00r101 Occupancy and Fee Checked Rev.l ✓0 APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MEC), 527 CMR 12.00 (PLEASE PRINT ININK OR TYPE ALL INFORMA770Nt9 Date: 611 MO19 City or Town of: YARMOUTH To the laspector of Wow: By this application the undersigned gives notice ot his or bcz sn omr c e ce work described below, Location (Street & Number) 601 ROUTE 6A Owner or Tenant YASHINA EKATERWA Y Telephone No. Owner's Address iCRUZ MARLON. 601 ROUTE 6A, YARMOUTH PORT, MA 02675 Is this permit In conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Box) Purpose of Building Utility Authortzatlon No. Existing Service Amps Volta Overhead O Undgrd ❑ jiew Service Amps Volts Overhead ❑ Undgrd El Number of Feeders and Ampacity No. of Meters No. of Meters Location and Nature of Proposed Electrical Work: Remodel kitchen & bath room. Completion ofthe followin¢ table may be waived by the Inspector of Wires. No. of Recessed Luminalres No. of Ceil.-Susp.(Paddle) Fans No. of Total No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Abodve ❑ I ;� ❑ No. of Emergency Lighting No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No, of Detection and Inithatme OrAcel No. of Ranges No. of Air Cond. Total No. of Alerting Devices No. of Waste Disposers Heat Pump NumbeZ 1 ToZ211 No. of Self-Contsined Detection/Alerting No. of Disbwasbers Space/Area Heating KW Local IO Munidpsl ❑ Other: Connection No of Dryers Heating Appliances KW Security Sys lems-* No. of DeActi or Lo0valent No. of Water Kr at No. of No. of Data Wiring: No. Hydromasu=e Bathtubs No. of Motors Total HP Teleeommuoicattoos Wlring: INo. of DcACC2 or OTHER: Attach additional detail (fdesbed. or at required by the Inspector of Wires. Estimated Value of Electrical Work: (When required by municipal policy.) Work to start: Inspection to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licence provides proofof liability insurance including `completed operation" coverage or its substantial equivalent The undersigned certifies that such coverage is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) I certify, under the pacts and penalties of perfury, that the info►madon on thlr application Is true and complete. FIRM NAME: WELLINGTON R SOARES Licensee: Wellington R Soares Signature LIG NO.: (If applicable. truer "eirmpt" in she license number line.) Bus. Tel. No.: 21075 Address: 110 BREEDS HILL RD,UNIT S,HYANNIS MA 026011864 AIL Tel, No. - *Per M.G.L. c. 147, it. 57-61, security work requites Department of Public Safety "S" License: OWNER'S INSURANCE WAIVER: I am aware that the License does not have the liability insurance coverage normally required by law. But signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent OwuerlAgent Signature Telephone No. PERMIT FEE. $7S.00 gj�l91112f C.osvnoswealth al t/laimcJra Hi l ccllal Use Only fn ee'77 Permit No. �l-`` ito� . • eParLKes1 o/,.tin swice6 Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS Rev. I/07] Ieaveblank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code (MECI 527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: area. 01 1 I _ City or Town of: YA-IC-M 0 U TH To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work descnbcd below. Location (Street & Number) 601 /2.oU I T; 6 A Owner or Tenant M k]L t..0 N C-",-r _ Telephone No. fjr( 3(,O q 23? Owner's Address Is this permit In conjunction with a building permit? Yes ❑ No ❑ (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts jYew Servicc Amps / Volts Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Overhead ❑ Undgrd ❑ No. of Meters Overhead ❑ Undgrd ❑ No. of Meters K 1 T c+►G ,J - 7tf7?Ot3 h te" ODc-t_ ramrlerlar nrow rallawine table may be waived by flu larpecror orWires. No. of Recessed Luminaires No. of Cei1-Susp. (Paddle) Fans r o ota Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool end. Above [In -end. ❑ ey ng o tte Units Bea No. of Receptacle Outlets No. of Oil Burners FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners a and o. o ena D Initiatin Devices No. of Ranges Tl No. of Air Cond. Tons No of Alerting Devices No. of Waste Disposers eat Pump Totals: um r ons o. o Self-contained Detec(lon/Aterting Devices No. of Dishwashers Space/Area Ileating KW Local ❑ an c pa ❑ Other Connection No. of Dryers Heating Appliances KW Security yy:111el : nivatent No. of Devlcrs orEquivalent o. of Water KW Heaters o o. o SI s Ballasts Signs Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications nag: No. of Devices or uiva ent OTHER: Estimated Value of Electrical Work: Arrach additional detail ifdesind or as required by the Inspector of Wires. (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCE COVERAGE: Unless waived by the owner, no permit for the performance of electrical work may issue unless the licensee provides proof of Bab insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such cov a is in force, and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE BOND ❑ OTHER ❑ (Specify:) I certify, under the pains and penalties ofper/ury, that the Inforn ation on this application is true and complete. FIRM NAME: Wellinegon R Spares it r LIC. NO.: 71n7SA Licensee: Wellington liSpares Signature LIC. NO.: 113756 (If applicable, entg2 I-nr @d 5 tIu c e b r!(ne.) Bus. Tel. No., Address: `I �. utt i , Hyannis, MA All. Tel. No.: *Per M.O.L. c. 147, s. 57-61, security work requires Department of Public Safety "S" License: Lic. No. ° OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, I hereby waive this requirement. I am the (check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE: a S SignaturetoreTelephone No. 9/22/22. 3:09 PM Accela Automation OAccela Civic Platform > YARMOUTH BLDE-... (,-, STATUS LOCATION CONTACT WORKFLOW Remodel k... i Comple... > 601 RO... > Welling... > 5 total Ta: ., 09/20/2... YARMO... • 4 comp BLDE-19-007101 Menu Manage Inspection Delete Search Select Record To Copy From Edit Fla aac aaG aaa "Record Inspections" O Related Records Inspections 0 Sched Date Inspection Type Status Lp Date Department Inspector Result Comment Reques D 09/20/2019 Electrical Final Passed 09/20/2019 Building Kent Elliott 06/18/2( 0 jjfl�j Rougb 06/18/2( A5 �ll License Professionals A 9A Record PA BLDE-23 -001113 91 BI-D E-23 -001114 FIA BLDE-23 -001115 000 M ore 4 l ► https://yarmouth-prod-ay.aGcela.com/portlets/web/en-us/#/core/spacev360/yarmouth.blde19007101 1i2 NFIRS-1 Basic A 01351 M4 09 28 2018 Yarmouth 18-0005526 0 Fire Department (HQ) CIJ Male Month Day Year Station N, `�r Expo un B Location Type Census tract: 17Street Address 1-Intersection r In Front OF rRear Of 601 1 I I ROUTE6A J I rAdjacent To Number P•4-fix Street or Highway Street Type Suffix rDirections rUS National Grid II I Yarmouth Port I I W I1 02675 Apt./Suite/Room City State Zip Code I I Cross Street C Incident Type 111-Building fire D Aid Given Or Received i7 1 Mutual Aid Received r 2 Auto. Aid Received r 3 Mutual Aid Given r 4 Auto. Aid Given r S Other Aid Given r None Brewster Fire Department LD 1041), ennis Fire escue (01075) Their FDID Their State I I Their Incident Number E1 Dates and Times Alarm 09 28 2018 1435 Arrival 28E 2018 1439 ControllerJJ09 28 2018 14:39 Last Unit IJ 28 2018 16:13 Cleared E2 Shifts and Alarms uuu Shift or Alarms District Platoon E3 Special studies I II I 011 Value F Actions Taken G1 Resources G2 (7 Apparatus or Personnel Module is used Estimated Dollar Losses and Values 11-Extinguishment by fire service I Losses: Required for all fires if None personnel (Apparatus I (Personnel I SuppU 18 I PP u known. Optional for all non -fires. Primary Action Taken I ' EMS �� 13 ' Property: $10� E� 51-Ventilate I u Other l q 1� Contents: $1 0 R Additional Action Taken I —Resource counts include aid received Pre -Incident Values: Optional None 8b-Investigate I resources. Property: $ 300,000.00 r Additional Action Taken Contents: $1 0 R Completed Modules H1 Casualties 17None H3 I Mixed Use Property r 2 - Fire Deaths Injuries Hazardous Materials Release P Not Mixed r 3 - Structure Fire Fire U U r 1 - Natural Gas r 2 - Propane Gas F 10 - Assembly Use r 20 - Education Use r 4 - Civilian Fire Cas. r 5 - Fire Service Cas. Service r 3 - Gasoline r 33 - Medical Use r 6- EMS Civilian U U r 4 - Kerosene r 5 - Diesel Fuel / Fuel Oil F 40 - Residential Use r 51 - Row Of Stores r 7 - HazMat r 8 - Wildland Fire r 6 - Household Solvents r 53 - Enclosed Mall r 9 - Apparatus r 7 - Motor Oil r 58 -Business and r 10 -Personnel r 8 -Paint Residential r 11-Arson H2 Detector r 0 - Other r 59 - Office Use Required for Confined Fires FJ None r 60 - Industrial Use r 1 - Detector Alerted Occupants r 63 - Military Use R 2 - Detector Did Not Alert Them r 65 -Farm Use r 3 - Unknown r 00 - Other Mixed Use Property Use rNone Structures 131 r Church, Place of Worship 161 r Restaurant or Cafeteria 162r Bar/Tavern or Nightclub 213r Elementary School, Kindegarten 215r High School, Junior High 241 r College, Adult Education 311 r Nursing Home 331 r Hospital Outside 124r Playground or Park 655 r Crops or Orchard 669r Forest (Timberland) 807r Outdoor Storage Area 919r Dump or Sanitary Landfill 931 r Open Land or Field 936r Vacant Lot 341 r Clinic, Clinic -Type Infirmary 342r Doctor/Dentist Office 361 r Prison or Jail, Not Juvenile 41917 1- or 2-Family Dwelling 429r MultiFamily Dwelling 439r Rooming/Boarding House 449r Commerical Hotel or Motel 459r Residential, Board and Care 464r Dormitory/Barracks 519r Food and Beverage Sales 938r Graded/Cared for Plot of Land 946r Lake, River, Stream 951 r Railroad Right -of -Way 96or Other Street 961 r Highway/Divided Highway 962r Residential Street/Driveway 981 r Construction Site 984 r Industrial Plant Yard 539r Household Goods, Sales, Repairs 571 r Gas or Service Station S79r Motor Vehicle/Boat Sales/Repairs 599 r Business Office 615r Electric -Generating Plant 629r Laboratory/Science Laboratory 70or Manufacturing Plant 819r Livestock/Poultry Storage (Barn) 8821— Non -Residential Parking Garage 891 r Warehouse Property Use: Description Look up and enter a Property Use code and description only if you have NOT checked a Property Use box. K2 Owner Local Option Person/Entity Type Business Name (if applicable) Phone Number l II I II I Mr., Ms., Mrs. F irst Name MI Last Name SUF°fx Number Prefix Street or Highway Street Typr Surr:x I I II I Post Office Box Apt./Suite/Room C ty I II I State Zip Code L Remarks: Called to 1 1/2 story wood frame type 5 building with brown smoke showing from the attic area. Upon arrival E-42 investigated found fire in 2nd floor bathroom exhaust Fan. Attempted to extinguish with pressurized water container. Fire extended to attic area. 1 3/4 hose line was put in place along with an attic ladder to access scuttle hole. C-58 took command calling for working fire assignment due to limited resources because of multiple calls. C-58 confirmed all residents out of house. Dennis 111, E-45, E-42 dispatched on initial call. Outside companies from Hyannis, Brewster, Barnstable called in to cover stations. E-45 on scene secured water supply for E-42 and helped with roof operations. E-111 Assigned RIT team and assisted with setting up PPV at front door. DFD Car 3 assigned side C. Fire knocked down extensive overhaul due to blown in insulation. Car 51 on location. E-45 ventilated roof by using vent pipes and exhaust covers. Utilities secured both electrical and gas. Wiring inspector called and on location. Command terminated OPS channel released. Investigation done and written in additional narrative space. M Authorization 1 170 1 Smith, Scott I I I.T I 158 I 109/28/2018 Officer In Charge ID Signature Position or Rank Assignment Date 1170 I I Smith, Scott I I IT I 158 I 109/28/2018 Member Making Report Sgnature Position or Rank Assignment Date ID ' NFIRS-2 Fire A 01351 MA 09 28 2018 Yarmouth 18 0005526 0 Fire Department (HQ) FDID State Month Day Year Station Number Exposure B C Property Details On -Site Materials On -Site Materials 61 1 1 r Not Residential Or Products Storage Use Estimated number of residential living units in the building of origin whether or not all units became involved B2 11 r Buildings Not Involved Number of buildings involved B3 1 F7 None r Less than 1 acre Acres burned (outside fires) D E1 E3 Ignition Cause of Ignition Human Factors Contributing to r 1 -Intentional Ignition 25-bathroom, checkroom, D 1 lavatory, locker room r 2 -Unintentional p 3 - Failure of Equipment or Heat Check all applicable boxes F7 None Area of Fire Origin Source r 4 -Act of Nature r 1 - Asleep r 2 - Possibly impaired by alcohol or 12-Radiated or conducted r 5 - Cause Under Investigation drugs heat from operating r U - Cause Undetermined After r 3 - Unattended person D2 equipment Investigation r 4 - Possibly Mentally Disabled r 5 - Physically Disabled Heat Source r 6 - Multiple Persons Involved D3 100-Item first ignited, other I E2 r 7 - Age Was A Factor Item First Ignited Factors Contributing to Ignition Estimated Age of D4 199-Multiple types of material I 20 Mechanical failure, malfunction, other I Person Involved r Male r Female Type of Material First Ignited Factor Contributing to Ignition F1 F2 G Equipment Involved In Ignition Equipment Power Source Fire Suppression Factors r r 113-Fan 1 11-Electrical tine voltage (> 50 volts)] Equipment Involved Equipment Power Source Brand Nutone F3 Model 668RP Equipment Portability 1 U r 1 - Portable Serial # I3 2-Stationary ' Year I� Portable equipment normally can be moved by one or two persons. H1 H2 Local Use Mobile Property Involved Mobile Property Type and Make r 1 - Not involved in ignition, but burned U r Pre -Fire Plan Available r 2 - Involved in ignition, but did not burn Mobile Property Type r Arson Report Attached r 3 - Involved in ignition and burned r Police Report Attached P None I r Coroner Report Attached Mobile Property Make r Other Reports Attached ! II I Mobile Property Model Year Massachuse�� State icense Plate Number VIN NFIRS-3 Structure Fire 11 12 13 14 Structure Type Building Status Building Height Main Floor Size 17 1 - Enclosed Building r 1 - Under Construction 2 2000 r 2 - Portable/Mobile Structure 1+7. 2 - In Normal Use LJ r 3 - Open Structure r 3 - Idle, Not Routinely Used Number of Stories Total Square Feet r 4 - Air -Supported Structure r 4 - Under Major Renovation At/Above Grade OR r 5- Tent r 5- Vacant and Secured U r 6 - Open Platform r 6 - Vacant and Unsecured Number of stories u BY U r 7 - Underground Structure r 8 - Connective Structure r 7 - Being Demolished r 0 - Other 8eiow Grade Length (ft) X Width (ft) r 0 - other r U - Undetermined J1 Fire Origin 1 2 r Below Grade Story of Fire Origin J2 Fire Spread r Confined to object of Origin r 2 - Confined to Room of Origin r 3 - Confined to Floor of Origin 17 4 - Confined to Building of Origin r 5 - Beyond Building of Origin J3 IINumber of Stories Damaged By Flame IIIJINumber of Stories w/Minor Damage (1-24%) IUI ' Number of Stories w/Significant Damage (25-44%) IUINumber of Stories w/Heavy Damage (50-74%) U Number of Stories w/Extreme Damage (75.100%) 'Count the roof as part of the highest story L1 L3 Presence of Detectors Detector Power Supply r N - None Present r 1 - Battery Only 17 1 - Present 17 2 - Hardwire Only r U - Undetermined r 3 - Plug -In r 4 - Hardwire With Battery r 5 - Plug -In With Battery r 6 - Mechanical r 7 - Multiple Detectors & Power Supplies L2 r 0- Other Detector Type r U -Undetermined 17. 1 -Smoke r 2 - Heat r 3 - Combination of Smoke and Heat L4 r 4 - Sprinkler, Water Flow Detection Detector Operation r 5 - More Than One Type Present r 1 - Fire Too Small To r 0 - Other r U - Undetermined Activate r 2 - Operated r 3 - Failed To Operate 17 U - Undetermined L5 Type of Material Contributing Most to Flame Spread K1 U Item Contributing Most to Flame Spread K2 U Type of Material Contributing Most To Flame Spread Detector Effectiveness r 1 - Alerted Occupants, Occupants Responded r 2 -Alerted Occupants, Occupants Failed to Respond r 3 - There Were No Occupants r 4 - Failed to Alert Occupants r U - Undetermined L6 Detector Failure Reason r 1 - Power Failure, Shutoff, or Disconnect r 2 - Improper Installation or Placement r 3 - Defective r 4 - Lack of Maintenance, Dirty r 5 - Battery Missing or Disconnected r 6 - Battery Discharged or Dead r 0 - Other r U - Undetermined M1 ISAM Presence of Automatic Extinguishing Operation of Automatic System I Extinguishing System R N - None Present r 1 - Present r 2 - Partial System Present r U - Undetermined M2 Type of Automatic Extinguishing System r 1 - Wet -Pipe Sprinkler r 2 - Dry -Pipe Sprinkler r 3 - Other Sprinkler System r 4 - Dry Chemical System r S -Foam System r 6 - Halogen -Type System r 7 - Carbon Dioxide System r 0 - Other r U - Undetermined Required if fire was within designed range of AES r 1 - Operated/Effective r 2 - Operated/Not Effective r 3 - Fire Too Small To Activate r 4 - Failed To Operate r 0-Other r U - Undetermined Required if fire was within designed range M4 Number of Sprinkler Heads Operating U Required if system operated M5 Reason for Automatic Extinguishing System Failure )— 1 -System Shut Off r 2 - Not Enough Agent Discharged r 3 - Agent Discharged But Did Not Reach Fire r 4 - Wrong Type of System r S - Fire Not In Area Protected r 6 - System Components Damaged r 7 - Lack of Maintenance r 8 - Manual intervention r 0 - Other r U - Undetermined Required if system failed or not effective NFIR5-9 Apparatus Or Resources 01351 MA 09 28 2018 Yarmouth 18 0005526 Fire Department ckQ> 1alU Moat^ iay Year Station Numbe' 0 Fxposwe B Apparatus/Resource Dates/Times Number Sent of People Apparatus Use Actions Taken ID: 41 Type: 1DO-Other apparatus/resource I Dispatch: Arnvak I 09/28/2018 14:35 I I I UI U F7 Sent L i r Suppression r EMS P Other U Clear: U U ID: 42 1 Type: 110-Ground fire suppression, other I Dispatch: Arrival: 1 09/28/2018 14:35 09/29/2018 14:39 Fl Sent U Suppression r EMS r Other U Clear: 09/28/2018 16:13 ID: 43 1 Type: 110-Ground fire suppression, other 1 Dispatch: Arrival 09/28/2018 14:35 09/28/2018 14:56 FJ Sent U F7 Suppression r EMS r Other U Clear 09/28/2018 14:56 ID: 45 1 Type: 11-Engine Dispatch: Arrn+a1: I 09/28/2018 14:35 09/28/2018 14:43 17 Sent LJ F? Suppression r EMS r Other U Clear: 09/28/2018 226 ID: 51 Type: 92-Chief officer car Dispatch: Arrival 09/28/2018 14:35 09/28/2018 14:55 F! Sent U r Suppression r EMS 17 Other U Clear: 09/28/2018 15:49 ID: 55 Type: 76-ALS unit Dispatch: Arrival 1 09/28/2018 14:35 U U 17 Sent U EMS Suppression r Other U Clear: U U ID: 11 SB Type: 00.Other apparatus/resource I Dispatch: Arrival: 09/28/2018 14:35 09/ZB/2018 14:49 17 Sent U r Suppression r EMS r✓ Other U Clear: 09/28/2018 16:09 ID: DE 111 Type: 100-Other apparatus/resource I Dispatch: Arrival 09/28/2018 14:42 09/28/2018 14:45 F% Sent U r Suppression r EMS R Other U Clear: 09/28/2018 15:04 NFIRS-10 Personnel A 07351 M4 09 28 2018 Yarmouth 18 0005526 0 Fire Department (HQ) FDID ;:atC Month Day Year Station Number Expos,,re B Number Apparatus/Resource Dates/Times Se-t of People Apparatus Use Actions Taken ID: 41 Dispatch: 09/28/2018 14:35 W Sent U r Suppression U r EMS Type: 100-other apparatus/resource I Arrival U U R Other Clear U U Personnel ID Name Rank Role Attend Actions Taken ID: 42 1 Dispatch: 1 09/28/2018 14:35 R Sent 13 I 1_ R Suppression U r EMS Type: 110-Ground fire suppression, other I Arrival: 09/28/2018 1 14:39 r Other Clear: 09/28/2018 16:13 Personnel ID Name Ran-. Role Attend Actions Taken 182 Olson, Johnathan FF/P 5588001-Driver r U 165 McCarthy, Michael LT/EMT 5588002-Officer r U 254 Foy, Patrick FFOP 5588003-Crew 3 r U ID: 43 Dispatch. 09/28/2018 14:35 V Sent Id17 Suppression U r EMS Type: 110-Ground fire suppression, other I Arrival: 09/28/2018 14:56 r Other Clear 09/28/2018 14:56 Personnel11' Name Rank Role Attend Actions Taken 238 Regan, Matt FF/P 5588001-Driver r U 149 Abboud, Marc LT/P 5588002-Officer r U ID: 45 1 Dispatch: 09/28/2018 14:35 R Sent 17 Suppression U l__I r EMS Type: 11-Engine Arrival: 09/28/2018 14:43 r Other Clear 09/28/2018 15:26 Personnel II) Name Kent Role Attend Actions Taken 146 Foss, Jeffrey FFE r U 175 Harbour, John LT/EMT r U 207 Napolitan, Nicholas FF/P r U ID: 51 Dispatch: 09/28/2018 14:35 R Sent Ur- Suppression U r EMS Type: 92-Chief officer car Arrival 1 09/28/2018 14:55 17 Other Clear 09/28/2018 15:49 Personnel ID Name Rack Role Attend Actions Taken 124 Simonian, Philip CHIEF 5588002-Officer r U ID: ss C spatch: 09/28/2018 14:35 W Sent U r Suppression U i7 EMS Type: 76-ALS unit Arrival U Li r Other U U Clear: Personnel ID Name Rank Role Attend Actions Taken 182 Olson, Johnathan FF/P 5588001-Driver r U 165 McCarthy, Michael LT/EMT 5588002-Officer r U 254 Foy, Patrick FFOP 5588003-Crew 3 r U ID: 58 Dispatch: 09/28/2016 tars i7 Sent U Ur- r Suppression U EMS Type: I00-Other apparatus/resource I Arrival 09/28/2018 14:a9 17 Other Clear: 09/28/2018 !09 Personnel ID Name Rank Role Attend Actions Taken 170 Smith, Scott LT r U ID: OE 111 Dispatch: 09/28/2018 14:42 17 Sent LJ r Suppression U r EMS Type: 100-Other apparatus/resource I Arrival: 09/28/2018 14:45 17 Other Clear: 09/28/2018 15:04 Personnel ID Name Rank Role Attend Actions Taken nriKb-l5 Suppiemencat A 01351 MA 09 28 2018 L mouth 1"005526 Ll artment ) F"D Yea, Station Number Exposure Additional Narrative (t1 of 2): Caller Name: VZW CALL 800-4S1-S242 Caller Phone: (508) 685-4070 COID=VZW 911 ; 2018/09/28 14:34:12 Time of Call: 14:34 09/28 Phone Number: (508) 685-4070 COID=VZW Caller Name: VZW CALL 800-451-5242 Street Number: 480 Street Name: BUCK ISLAND ROAD Service Municipality: YARMOUTH ESN : ESN= MTN: - - Longitude :-70.2189231 Latitude : +41.7048848 Position Distance : 57 Position Confidence: 95 cad; 2018/09/2814:50:06 BREWSTER 239 COVER STAT 2 cad; 2018/09/28 14:50:46 STRUCTURE FIRE ATTIC KNOCKED DOWN cad; 2018/09/28 14:52:03 DENNIS 114 IN ROUTE TO HQ COVERAGE cad; 2018/09/2814:52:25 HYANNIS 826 ON TO STATION 3 cad; 2018/09/2814:S2:48 HARWICH 75 HQ FOR COVERAGE cad; 2018/09/2815:41:10 ELECTRICAL INSPECTOR ON LOCATION cad; 2018/09/28 15:43:38 75 RETURNING cad; 2018/09/28 1 S:43:46 239 RETURNING cad; 2018/09/28 15:43:51 826 RETURNING Additional Narrative (i2 of 2): Called for fire in the bathroom extension to the attic. Investigation verified this information. Talking with homeowner he stated he had vent fan in bathroom running for approximately 10 min before hearing a screeching noise when he went to investigate he found fire and melting plastic dripping from fan. He took his child and left. Investigation shows Nutone Fan Model # 668RP with heavy fire damage and v pattern in the area of the motor and plastic fan assembly. Wiring inspector on location confirms he believes fire started not initially in the wiring but the mechanical motor of the fan. No fuses tripped in the fuse box FD shut of main breaker on fuse box upon arrival. Homeowner advised they cant stay in house due to water, smoke and fire damage. They were collecting belonging s and making arrangements to leave. Pictures were taken of the motor, fire origin and electrical panel. Homeowner advised to call insurance company and a restoration company to close the roof and help with water evacuation. Owner information: Marion Cruz 508-685-4070 UPC insurance. Elliott, Ken From: Matt Provencher <matt@ mtclawyers.com > Sent: Thursday, September 22, 2022 5:20 PM To: Maslowski, Mary; Jay Talerman; Grylls, Mark; Elliott, Ken Cc: Whritenour, Robert Subject: RE: US District Court Subpoena Attention I: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Good aftemoon, Jay asked me to reach out to the attorney who issued the subpoena on his behalf. Please see the exchange below: Matt Provencher Matthew D. Provencher Mead, Talerman & Costa, LLC 227 Union Street - New Bedford, Massachusetts - 02740 IJl Phone (774) 206-6857 mattnmtclawyers.com - www.mtclawvers.com PLEASE NOTE: IF YOU RECEIVE AN EMAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE, CONTAINING NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT, AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS VERY SELDOM CHANGE. The information contained herein is confidential and may be protected by the attorney -client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use, dissemination, distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e- J T"k before ru FrU4. mail system and notify us immediately. Please consider the environment before printing this email. ----x---- Good afternoon. Yes, I am seeking Mr. Elliott's appearance for a deposition. We, of course, can reschedule the deposition to fit your client's schedule. Andrew Andrew D. Black Smith Duggan Buell & Rufo LLP 55 Old Bedford Road I Suite 300 1 Lincoln, MA 01773-1125 Tel: (617) 228-4458 1 Fax: (781) 259-1112 1 www.smithduggan.com Andrew. Black@SmithDugclan.com This transmission including any attachments may contain confidential attorney -client privileged information or attorney work product. If you are not the intended recipient, please contact the sender immediately and kindly destroy the original transmission. From: Matt Provencher <matt@mtclawvers.com> Date: Thursday, September 22, 2022 at 3:11 PM To: Andrew Black <andrew.blackC@smithduggan.com> Cc: Jay Talerman <iaY@mtc_lawyers.com> Subject: Subpoena: Ken Elliott - USDC MA C.A. No. 1:21-cv-11739 Good afternoon Mr. Black, I'm writing about a subpoena you served seeking testimony and documents from Ken Elliott, the Electrical Inspector from the Town. My office is counsel for Yarmouth. I wanted to confirm whether you were seeking Mr. Elliott's appearance and testimony, or whether the production of documents would be sufficient. I left a voicemail on your answering service, and I can be reached at the number below as well as by cell at 508-441-7233 if you'd like to discuss. Thank you for your time and consideration, Matt Provencher Matthew D. Provencher Mead, Talerman & Costa, LLC 227 Union Street New Bedford, Massachusetts - 02740 I■ Phone (774) 206-6857 matt(@mtclawve��s.com - www.mtclawyers.com PLEASE NOTE: IF YOU RECEIVE AN EMAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE, CONTAINING NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT, AND CALL OUR OFFICE AT A NUMBER YOU TRUST. OUR BANK WIRE INSTRUCTIONS VERY SELDOM CHANGE. 'ne information contained herein is confidential and may be protected by the attorney -client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use, dissemination, distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. Please consider the environment before printing this email. " Tkttik before you prixE. From: Maslowski, Mary <MMaslowski@yarmouth.ma.us> Sent: Thursday, September 22, 2022 5:07 PM To: Jay Talerman <jay@mtclawyers.com>; Grylls, Mark <mgrylls@yarmouth.ma.us>; Elliott, Ken <KElliott@ya rmouth.ma.us> Cc: Matt Provencher <matt@mtclawyers.com>; Whritenour, Robert <RWhritenour@yarmouth.ma.us> Subject: RE: US District Court Subpoena IYou don't often get email from mmaslowski@yarmouth.ma.us. Learn why this is important Hi, Jay - Just an FYI- the email exchange with counsel wasn't included in the below email chain. Best, -Mary Mary A. Maslowski, CIVIC Town Clerk Town Hall 1146 Route 28 South Yarmouth, MA 02664 (508)398-2231 x1212 YARMOUTH VOTES! 2022 State Primary- September 6, 2022 2022 State Election- November 8, 2022 VERIFY YOUR VOTER STATUS HERE: https://www.sec.state.ma.us/wheredoivotema/ ONLINE VOTER REGISTRATION: https://www.sec.state.ma.us/ovr/ VOTE BY MAIL/ABSENTEE VOTING: 2022 Vote by Mail Application (state.ma.us) From: Jay Talerman <jay@mtclawyers.com> Sent: Thursday, September 22, 2022 4:26 PM To: Grylls, Mark <mervlls@varmouth.ma.us>; Maslowski, Mary <MMaslowski@yarmouth.ma.us>; Elliott, Ken <KElliott@yarmouth.ma.us> Cc: Matt Provencher <matt@mtclawyers.com>; Whritenour, Robert <RWhritenour@yarmouth.ma.us> Subject: RE: US District Court Subpoena Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Mark, Ken, see below exchange. I assume you can make the date of the deposition. Also, please advise if you require counsel. Bob would have to approve it but we could attend and ensure that the questioning remains within standard protocols. Jason R. Talerman Mead, Talerman & Costa, LLC I 730 Main Street - Suite 1F - Millis, Massachusetts 02054 Phone 774.993.5000 jaayna.mtclajvyers.com - w%v%v.mtclawyers.com 'l7te information contained herein is confidential and may be protected by the attorney -client and/or other applicable privdcge(s;. It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use, dissemination, distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachments) hereto from your a -mail system and notify us immediately, * ?kLKk before you prank. From: Grylls, Mark <msrylis@yarmouth.ma.us> Sent: Thursday, September 22, 2022 2:46 PM To: Jay Talerman <javC@mtclawyers.com>; Maslowski, Mary <MMaslowski@yarmouth.ma.us>; Elliott, Ken <KElliott@varmouth.ma.us> Cc: Matt Provencher <matt@mtclawyers.com> Subject: RE: US District Court Subpoena That would be perfect. From: Jay Talerman <jay@mtclawyers.com> Sent: Thursday, September 22, 2022 2:41 PM To: Maslowski, Mary <MMaslowski@yarmouth.ma.us>; Elliott, Ken <KElliott@yarmouth.ma.us>; Grylls, Mark <merylls@yarmouth.ma.us> Cc: Matt Provencher <matt@mtclawyers.com> Subject: RE: US District Court Subpoena Attentionl: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Mary, Mark, Ken: Would you like us to check with the attorney that served the subpoena to see if merely supplying the documents will be sufficient? Jason R. Talerman Mead, Talerman & Costa, LLC 1 730 Main Street - Suite 1 F - Millis, Massachusetts 02054 N I Phone 774.993.5000 jay(a@mtcla=ers.com - www.mtcla=ers.com The information contained herein is confidential and may be protected by the attorney -client and/or other applicable privi egc(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use, dissemination, distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. * Tktmk bare pu FrLKL From: Maslowski, Mary <MMaslowski@yarmouth.ma.us> Sent: Thursday, September 22, 2022 9:39 AM To: Elliott, Ken <KElliott@yarmouth.ma.us>; Grylls, Mark <mgrylls@varmouth.ma.us> Cc: Jay Talerman <lav@mtclawvers.com> Subject: US District Court Subpoena Hi, Ken and Mark - We received this subpoena for Ken to produce records and to testify. I thought we had sent it over to you, but I can't seem to find the email. I am copying Jay, as well, as an FYI. Best, -Mary Mary A. Maslowski, CIVIC Town Clerk Town Hall 1146 Route 28 South Yarmouth, MA 02664 (508)398-2231 x1212 YARMOUTH VOTES! 2022 State Primary- September 6, 2022 2022 State Election- November 8, 2022 VERIFY YOUR VOTER STATUS HERE: https://www.sec.state.ma.us/wheredoivotema/ ONLINE VOTER REGISTRATION: https://www,sec.state.ma.us/ovr/ VOTE BY MAIL/ABSENTEE VOTING: 2022 Vote by Mail Application (state.ma.us) /0/l, -btu 11 '210r-z- N ) <zo()5's }'�N bi 4-d ) 0 :'9 g4� -2-SD-2P,�) E. O Y .3leVJ /09 �n�j ��Z, dV� 7fv/ Elliott, Ken From: Matt Provencher <matt@mtclawyers.com> Sent: Thursday, October 20, 2022 11:26 AM To: Elliott, Ken Cc: Jay Talerman Subject: Your Deposition Transcript - Read and Sign Attachments: Ken Elliott, 10-07-2022 full.pdf Attentionl: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Good morning Mr. Elliott, Attached please find a copy of your deposition transcript. Please read it carefully and let me know if there are any errors or items you want to change. We can discuss them before making any; in general, minor or typographical changes, such as to correct a spelling or the wrong name, are fine. More major changes, like changing a yes to a no, or vice versa, are allowed, but will likely expose you to be re -deposed on the basis of any changes. Therefore if you have any significant changes, please let me know, and we can discuss if it is necessary. When are you finished, page 63 of your deposition (page 64 of the PDF) includes an errata sheet; please fill it out as listed with the page and line of the transcript where the error occurs and list your reason (e.g., misspelled, or wrong word), or note that you have no changes, and then sign it, and return a scan or copy to me, which I will forward to the attorneys. We have 45 days to do this, to wit, I need a returned and signed sheet by Friday, December 2, 2022. If you have any questions please feel free to call me. Thank you, Matt Provencher Matthew D. Provencher Mead, Talerman & Costa, LLC 227 Union Street � New Bedford, Massachusetts • 02740 Phone (774) 206-6857 matt(2tritclawvers.com - w-,vw.mtclaw; ers.com PLEASE NOTE: IF YOU RECEIVE AN EMAIL OR ANY OTHER COMMUNICATION THAT APPEARS TO BE GENERATED FROM OUR OFFICE, CONTAINING NEW, REVISED, OR ALTERED BANK WIRE INSTRUCTIONS, CONSIDER IT SUSPECT, AND CALL OUR OFFICE AT A NUMBER YOU TRUST, OUR BANK WIRE INSTRUCTIONS VERY SELDOM CHANGE. The information contained herein is confidential and may be protected by the attorney -client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use, dissemination, distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. Please consider the environment before printing this email. A * TkLKk before you prU-,L In the Matter of: United Property, et. al. v. Broan-Nu Tone LLC Ken Elliott October 07, 2022 68 Commercial Wharf* Boston, MA 02110 888.825.3376 - 617.399.0130 Global Coverage court -reporting. com 4XIM(YBRIEN VINE COURT REPORTING SOLUTIONS A MAGNA LEGAL SERVICES COMPANYQ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ------------------------------------------x UNITED PROPERTY & CASUALTY INSURANCE COMPANY, AS SUBROGEE OF EKATERINA YASHINA, Plaintiff, V. No. 1:21-cv-11739 BROAN-NUTONE, LLC, Defendant. ------------------------------------------x DEPOSITION OF KEN ELLIOTT, a witness called on behalf of the Defendant, taken pursuant to the provisions of the Massachusetts Rules of Civil Procedure, before Linda Bernis, a Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at the offices of Smith, Duggan, Buell & Rufo, 55 old Bedford Road, Lincoln, Massachusetts, on Friday, October 7, 2022, commencing at 12:05 p.m. O'Brien & Levine, A Magna Legal Services Company 888.825.3376 - production@court-reporting.com Ken Elliott October 07, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC APPEARANCES: SMITH DUGGAN BUELL & RUFO By Andrew Black, Esq. 55 old Bedford Road Lincoln, Massachusetts 01773 Counsel for Broan-NuTone MEAD, TALERMAN & COSTA By Matthew D. Provencher, Esq. 227 Union Street New Bedford, Massachusetts 02740 Counsel for the Deponents COZEN O'CONNOR By Erick J. Kirker, Esq. one Liberty Place 1650 Market Street, Suite 2800 Philadelphia, Pennsylvania 19103 Counsel for the Plaintiff (Present via telephone) O'Brien & Levine, A Magna Legal Services Company 888.825.3376 - production@court-reporting.com Ken Elliott October 07, 2022 2 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC I N D E X Deposition of: KEN ELLIOTT By Mr. Black By Mr. Kirker Direct Redirect 4 59 Cross Recross 50 E X H I B I T S Exhibit NO. Exhibit 5 Subpoena Exhibit 6 Notes Exhibit 7 Permit Exhibit 8 Permit Exhibit 9 Document Exhibit 10 Permit Exhibit 11 Permit Exhibit 12 Permit Exhibit 13 Permit Exhibit 14 Report Exhibit 15 Permit Page 8 9 9 9 9 9 9 9 9 40 42 O'Brien & Levine, A Magna Legal Services Company 888.825.3376 - production@court-reporting.com Ken Elliott October 07, 2022 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 4 STIPULATIONS It is stipulated by and between counsel for the respective parties that the deponent will read and sign the deposition transcript within 45 days and the sealing and filing thereof are waived; and that all objections, except as to the form of the question and motions to strike will be reserved until the time of trial. KEN ELLIOTT a witness called for examination by counsel for the Defendant, being first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. BLACK: Q. Sir, have you been to a deposition before? A. I have. Q. Home times? A. Once, possibly twice. I can't recall. Q. How long was the last time? A. 12 years ago, maybe more. Q. was it related to your work? O'Brien & Levine, A Magna Legal Services Company Page 4 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 S A. it was. Q. what was the case about that you went to a deposition? A. Again, I don't recall what the particulars were. I didn't look for notes on that prior to coming today. Q. can you please state your name. A. B -middle name Kent - K E N T - E L L I 0 T T. Q. That's K E N T, correct? A. Correct. Q. Do you go by Ken? A. I do. Q. A moment ago you were talking about the prior deposition. was that related to your work as a wiring inspector? A. It was. Q. The other deposition, do you recall anything about that if there was another one? A. I really don't. Q. Have you ever testified at trial? A. I have not. Q. Today I'm going to ask you some questions. Everything that we say is going to be taken O'Brien & Levine, A Magna Legal Services Company Page 5 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 6 down by the court reporter sitting next to us. If I prompt you for a verbal response, I want to make sure the record is clear. Does that make sense to you? A. Yes, it does. Q. If you don't understand any of my questions, let me know, and I will be happy to rephrase the question. Does that work for you? A. Yes, it does. Q. If you need to take a break at any time, let me know, and I will be happy to accommodate you. A. Thank you. Q. Are you currently employed? A. I am. Q. By whom? A. Town of Yarmouth. Q. How long have you been employed by the Town of Yarmouth? A. Since 1999. Q. what do you do for the Town of Yarmouth? A. Electrical inspector. Q. Is that sometimes also called the wiring inspector? O'Brien & Levine, A Magna Legal Services Company Page 6 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property , et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 7 A. Yes. Q. Is that the same job? A. Correct. Q. Are you the electrical inspector or are there others? A. I have alternate inspectors if I'm away or unavailable. Q. Currently who are the other at alternate inspectors? A. John Brewer, AJ Pulley and will St. Claire. Q. You said AJ. what was the last name? A. Pulley — P U L L S Y. Q. Is Mr. Brewer still employed by the Town of Yarmouth? A. He's not. Q. when did he leave? A. when he moved to Florida. Q. when did he move to Florida? A. He wasn't re -appointed when his intention to move to Florida so it was probably around the first of this year. Q. what do you mean by he wasn't re -appointed? A. Alternate inspectors have to be re -appointed each year. O'Brien & Levine, A Magna Legal Services Company Page 7 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 M Q. By whom? A. By the Town. on the recommendation of the building commissioner and by the Town. Q. In essence, was Mr. Brewer let go? A. No, not let go. He just moved to Florida so he would no longer be available. Q. Do you know where in Florida he is? A. Delray Beach. Q. Do you have his telephone number? A. 508-367-0167. Q. Do you know his address in Delray Beach? A. I don't. Q. You are here today pursuant to a subpoena, correct? A. I am. Q. You actually brought with you copy of that subpoena; is that right? A. I did. MR. BLACK: Could I get that marked. Let's keep going with the exhibit numbers. (Exhibit 5 marked for identification.) Q. You understand that Captain Scott Smith was O'Brien & Levine, A Magna Legal Services Company Page 8 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 0 deposed earlier today; is that correct? A. Yes. Q. In his deposition we marked exhibits and we are continuing the numbering for today. The first exhibit to your deposition is Exhibit 5. Do you see Exhibit 5? A. I am. Q. Did you bring that with you today? A. I did. Q. That's a copy of the subpoena that brings you here today, correct? A. Correct. Q. And the subpoena also asks you to bring certain documents; is that correct? A. Correct. Q. You have brought documents with you; is that right? A. That is correct. MR. BLACK: Mark these as the next ones. (Exhibits 6-13 marked for identification.) Q. I'm putting before you what has now been marked Exhibits 6 through 13. Are those the O'Brien & Levine, A Magna Legal Services Company Page 9 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 10 documents that you brought with you that were responsive to the subpoena? A. These are copies of the documents z brought with me, yes. Q. Please take a look at Exhibit 6. Those are handwritten notes, correct? A. correct. Q. whose handwritten notes are those? A. Those are mine. Q. when did you make those notes? A. when z received the subpoena and started researching the information. Q. At the top you wrote 601 Route 6A, correct? A. That is the subject property. Q. over on the left-hand side it says, Marion Cruz. Do you see that? A. Yes, that's correct. Q. And who is Marion Cruz? A. That is the customer's name based on the electrical contractor that took out the application for a permit. Q. And that was in March of 2017? A. First one that z had, yes. Q. Did you look for permits, electrical permits O'Brien & Levine, A Magna Legal Services Company Page 10 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 11 from prior to 2017? A. I did. Q. were there any? A. As noted on that same sheet, I went back to 20129 '13, 114, '15, '16, '17, '18 there were two permits, and nothing since then. Q. Down at the bottom notations related t 2012, correct? A. Correct. Q. And you had written �} A. Right. Q. Then other than the of 2017 there was a T�t 11�CL of 2019, correct? A. Correct. Q. other than that, the wiring department didn't have any other records related to this property, correct? A. No. Q. when you searched the wiring department's records, were those physical files or electronic or both? A. Electronic. O'Brien & Levine, A Magna Legal Services Company Page 11 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 12 Q. How long have the files been recorded electronically? A. Years. i had my own system of recording information before the town building department had the system of recording the information. Q. You started working as the electrical inspection for Yarmouth in 1999, correct? A. Right. Q. At that time were you recording information electronically? A. I was recording probably some files in 2008 and other files since then. we had no system in place in the building department. I kept my own records. Q. Did you keep them in paper or electronically?,, A. Electrically. Q. You say that was starting in 2008? A. 2008. Q. Prior to that, did you keep the records in paper form? A. Paper form prior to that. But that information was scanned into the electronic O'Brien & Levine, A Magna Legal Services Company Page 12 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 13 forms - Q. You started in 1999, was it as the electrical inspector? A. As a deputy for several years. Q. How long were you the deputy? A. Six years. Q. Then after that you inspector, right? -T A. Right. Q. Now, the deputy, i Mr. Brewer or Mr. A. Right. Q. who was the elect time when you st A. well, I had the job, then period and then went back to it. Mark Currier was the inspector. Q. when did you leave? A. Again, I can't give you a date, an accurate date. Q. About how long did you leave? A. For about a year and a half. Q. Other than that year and a half, since 1999 you've been in the wiring department at O'Brien & Levine, A Magna Legal Services Company Page 13 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 14 Yarmouth, correct? A. Yes. Q. what does the wiring inspector do generally? A. He observes work that was done, processes permits at the office, make sure the work is compliant with code requirements. we have to attend ongoing education to keep abreast of all the code changes, and enforce the Massachusetts version of the Natural Electrical code. Q. what did you do prior to 1999? A. worked at a company, a security business. Q. what does a security business mean? A. Pardon me? Q. what do you mean by security business; what type of security? A. Electronic alarms, security equipment, fire alarms. Q. How long did you do that? A. 26 years. Q. what was your role at that company? A. z was vice president of the company. Q. vice president? A. Yes. Also, licensed owner for the company. O'Brien & Levine, A Magna Legal Services Company Page 14 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 15 Q. I'm sorry? A. And a licensed holder of the company. Q. A licensed holder? A. Yes. Q. what does that mean? A. You have to be licensed by the commonwealth to be in the business. Q. what was the license that you held? A. I had four licenses. Master electrician, journeyman electrician, system technician, system contractor in Massachusetts. I also had a system contractor in the state of Rhode Island. Q. when did you get your master electrician's license? A. 1972. Q. Do you still hold it? A. I do. Q. when did you get your journeyman's license? A. Year before that. Q. Did you work as an electrician? A. Yes. Q. How long did you work as an electrician? A. You have to work three years in the trade O'Brien & Levine, A Magna Legal Services Company Page 15 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 16 prior to applying for your license. Three years prior to obtaining my journeyman's license. Q. Did you work as an electrician when you held your journeyman's and master electrician license? A. I did. Q. what type of work did you do? A. Electrical work. Q. Did you work for a contractor, did you have your own business? A. A couple of different contractors and then worked for myself. Q. How long did you work as an electrician? A. Prior to that. Q. In total before? A. since probably off and on for a few years prior to getting my license and/or starting to get my license. so probably since 1964, '65. Q. Did you graduate from high school? A. I did not. Q. Did you get any sort of high school equivalency? O'Brien & Levine, A Magna Legal Services Company Page 16 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 17 A. I got a GED and I have been attending college since then off and on. Q. Do you have any degrees? A. Not yet. still working on it. Q. Have you had -- did you go to school to become an electrician? A. Prior to taking the test, I took some courses in codes. Q. Did you get any certificates for that work? A. Certificates to license for the school work, I probably have something somewhere. Q. I'm putting before you Exhibit 7. what is this document? A. Copy of the permit, last four digits 4838 on the top right-hand corner. That's the printed copy. If I can go to the next document, which is Exhibit 8, that's the document that the electrician turns in at our office. I have to transpose any information he puts on that into the hard copy, which is Exhibit 7, and run it through the computer. Q. Taking a look at Exhibit 8, the date is January 28, 2017. Do you see that? O'Brien & Levine, A Magna Legal Services Company Page 17 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 18 A. I do. Q. But there's a stamp towards the bottom that says received March 22, 2017, correct? A. correct. Q. Does that mean that's when the wiring department received this document? A. That's correct. Q. The work that's being done on Exhibit 8 says wire boiler, wire AC installed 12 recessed lights, correct? A. Yes. Q. Had the work already C� permit was submitted' A. It had. Q. is that common? A. NO. Electricians ci ans are su Q • pp permit before doing t A. Not prior to, but witl starting the work you naa to apply for a permit. Q. who is the electrician here? A. Wally Ensores. Q. Do you know him? O'Brien & Levine, A Magna Legal Services Company Page 18 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 19 A. I know him just for applying at our office. Q. But do you know him personally? A. Personally, just again from not socially but as an electrician doing business for the Town of Yarmouth. Q. He walked into your office you would recognize him, correct? A. I would. Q. up towards the top it says owner or tenant. It says Cruz. Do you see t' A. I do. Q. If we look at Exhibit 7, w� March 23, 2017, the owner Ekaterina Yashina, correct A. Yes. And on the next line Cruz. Q. where did you get that in - A. That's from the town comp Q. You took the information that was on the permit reflected in Exhibit 8 and you typed it up into what is Exhibit 7; is that correct? A. when I put in the address 601 Route 6A it backfilled the information the Town had on O'Brien & Levine, A Magna Legal Services Company Page 19 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 20 record which is what's in the typewritten version of the permit. Q. Do you know at the bottom there's handwritten notations. Do you see that? A. I do. Q. Is that your handwriting? A. It is. Q. At the end of each line it says KE; is that correct? A. Correct. Q. Is that your initials? A. It is. Q. The first of the handwritten lines in Exhibit 7 says NA 3/23/17, correct? A. Correct. Q. what does that mean? A. No access. Q. what does no access mean? A. went to the location was unable to get in. Q. what was the purpose of going to 601 Route 6A on March 23, 2017? A. Perform an inspection. Q. Is that of the work that had already been completed? O'Brien & Levine, A Magna Legal Services Company Page 20 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 21 A. Yes. Q. where it says, going up closer to the top it says location and nature of proposed electrical work. Do you see that? A. Yes. Q. Here it's typed in replacement HVAC and install 12 recessed lights; is that correct? A. Yes. Q. why is that description different than what is reflected in Exhibit 8? A. on 8 they point out wire boiler, wire AC, and install 12 recessed lights. The wiring of the boiler and the wiring of the AC consists of HVAC. Q. Going back down to the handwritten notation at the bottom of the page of Exhibit 7, the second notation says, reject, arc fault C/B. Maybe you could read it. A. C/B. Q. It says, reject arc fault C/B-102 hanging. A. Hanging. Q. That notation was made on March 27, 2017, correct? A. Correct. O'Brien & Levine, A Magna Legal Services Company Page 21 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 22 Q. what does that notation mean? A. It means that I went to the location on the 27th to do the inspection, I rejected the inspection, the approval of the inspection, based on the missing arc fault circuit breaker and a hanging wire. Q. what is a hanging wire? A. unsecured wire that was running from point A to point B wasn't properly secured. Q. How is a wire properly secured? A. Staple, tie wraps. Q. And what did the C/B mean? A. Arc fault circuit breaker. Q. Is that the arc fault circuit breaker, was that supposed to be in the electrical circuit breaker panel? A. Yes. Q. And there wasn't one; is that right? A. That's correct. Q. The next notation, the last handwritten notation, what does that say? A. Permit cancelled due to age. Good for one year's time. And it was cancelled on April 5, 2018. O'Brien & Levine, A Magna Legal Services Company Page 22 888.825,3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 23 Q. And there's a stamp on this Exhibit 7 that says permit expired, correct? A. Correct. Q. Is that a stamp that you put on the document? A. Yes, it is. Q. what does that mean for the permit to have expired due to age? A. There's limited filing space in our office after a year's time permits expire. In order to continue on with any more work or corrections you have to take a new permit. Q. The second handwritten notation here says that the electrical work was rejected, correct? A. Correct. Q. was it ever accepted? A. Not based on my notes. Q. what does that mean to have rejected electrical work that was not fixed, what happens in those situations? A. The electrician is notified of the rejection and it's his responsibility to go back and correct i t . O'Brien & Levine, A Magna Legal Services Company Page 23 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 24 Q. According to the documents on file at the electrical department in Yarmouth, that never happened, correct? MR. KIRKER: Objection. You can answer the question, sir. A. Correct. Q. Please take a look at Exhibit 9 to your deposition. what is this document? A. This is a computer generated document based on input from our tablet. Q. is this something that you printed out after receiving the subpoena? A. Yes, it is. Q. what was the purpose of printing out this document? A. I wanted to print out any relative documentation for any of the permits that I had on file. Q. And this is permits related to 601 Route 6A, correct? A. Correct. Q. And there are four entries here, correct? A. There are three entries. Q. There's one at the bottom it just says, O'Brien & Levine, A Magna Legal Services Company Page 24 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 25 rough pending. Do you see that? A. That's an automatic entry by the computer system. Q. It's not related to any application to perform electrical work; is that correct? A. Not that was addressed. The work was done prior to receiving the permit. so normally it would be a rough inspection and then a final. Q. I see. So there are three dates here, March 23, 2017, there's an entry for March 27, 2017, and an entry for March 28, 2017. Are those all related to the work that's reflected in Exhibit 7 and 8? A. It is. Q. There's an entry for March 23, 2017, it's electrical final, and the status is N/A; is that right? A. Correct. Q. The inspector there was Ken Elliott. That's you, correct? A. Correct. Q. That one is N/A because you went to the inspect the site and you didn't have access O'Brien & Levine, A Magna Legal Services Company Page 25 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 26 to the site, correct? A. Correct. Q. And that's the same notation that you made at the bottom of Exhibit 7, correct? A. The top handwritten entry at the bottom of Exhibit 7. Q. The top entry at the bottom of Exhibit 7, correct? A. Correct. Q. Then the next entry is March 2, 2017. That status is rejected, we're looking at Exhibit 9, it's rejected and that corresponds with Exhibit 7 the rejection on March 27, 2017, correct? A. Correct. Q. And then there's another entry on March 28, 2017, and the inspection type says what, looking at Exhibit 9? A. it says, residential electrical, it cut it off but it's re -inspection scheduled. Q. where it says inspection type, it says, residential electrical and then there's an R. And you're saying that that R stands for re -inspection, correct? O'Brien & Levine, A Magna Legal Services Company Page 26 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 24 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 27 A. Correct. And that is automatically -- when I reject something, as I did on the 27th, it automatically schedules it for the next day whether it's been scheduled or not the computer system schedules it for the next day. Q. But that re --inspection never took place? A. That's right. Q. Now, as the wiring inspector it was your job to make sure that if the re -inspection had taken place you would have entered it into the system, correct? A. Correct. Q. Because it's not in the system you know that the re -inspection did not take place, correct? A. Correct. Q. Do you recall where the recessed lights were installed? A. In the living room area. Q. Is that from memory or do you have a document that reflects that? A. Memory thinking back over the application and location. O'Brien & Levine, A Magna Legal Services Company Page 27 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 28 Q. Do you know if all 12 were in that area? A. I don't know. Q. As is you sit here today, you remember at least some of recessed lights were in the living room area, correct? A. correct. Q. But you're not sure where all of them were; is that right? A. That's correct. Q. what is the purpose of having arc fault circuit breakers? A. It's a code requirement. Q. Do you know why the code requires it? A. Safety. Q. what kind of safety? A. The arcing of conductors trip the circuit in an earlier stage. Q. Is that because conductors could arc and start a fire? A. Possible. MR. KIRKER: Objection. Q. is it also true that conductors could arc and also cause a personal safety hazard? A. Correct. O'Brien & Levine, A Magna Legal Services Company Page 28 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 Q. Such as shocks or electrocutions? A. Yes. Q. what is the purpose of making sure that wires aren't hanging? A. Again, safety. Q. Is that due to fire safety? A. It could be, yes. Q. Do you know where the hanging wire was located? A. I don't recall. It could be unrelated to installation of the lights or the HVAC system because of the size of the wire. Q. The size of the wire i s , if we're taking a look at Exhibit 7, recorded in your handwritten notation; is that right? A. Right. 10-2. Q. 10-2 is the gauge of the wire, correct? A. Correct. Q. what does 10-2 mean? A. 10 gauge 2 conductor. Q. How do you know that that is unrelated to the work that was being done? A. Because it's the 10 gauge wire is good for 30 amp load and there's nothing here that O'Brien & Levine, A Magna Legal Services Company Page 29 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 30 required 30 amp load. Q. so the hanging wire would have been related to something that had preexisted the work that was done in March of 2017, correct? A. I believe so. Q. You're aware that there was a fire at 601 Route 6A in Yarmouthport on September 28, 2018, correct? A. Correct. Q. Please take a look at Exhibit 10. The date of this permit is from June of 2019, correct? A. Correct. Q. That's after the fire, correct? A. Correct. Q. Do you know if this was related to work that was done to make repairs following the fire? A. It was. Q. Please take a look at Exhibit 11. Is Exhibit 11 related to that same work as Exhibit 10? A. It is. Q. Please take a look at Exhibit 12. This is a printout from the electronic system that's O'Brien & Levine, A Magna Legal Services Company Page 30 888.825,3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 31 related to the June 2019 work that we saw in Exhibits 10 and 11, correct? A. Right. Q. In this one there is a handwritten notation. Do you see that? A. I do. Q. whose handwriting is that? A. That's mine. Q. why is there a handwritten notation? A. Because the computer system didn't show the date of the rough inspection. I transpose the information from the rough on Exhibit 10 to this when I printed to reflect the date that I was there to do the rough. Q. Taking a look at Exhibit 10 there are two handwritten notations at the bottom, correct? A. Correct. Q. They both have your initials at the end of each line, correct? A. They do. Q. There is a notation that says rough 7/3/19, correct? A. Correct. O'Brien & Levine, A Magna Legal Services Company Page 31 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 32 Q. And a notation that says final 9/20/19, correct? A. Correct. Q. So the final inspection was put into the electronic system, correct? A. It was. Q. Do you personally enter the information into the electronic system? A. I do. Q. In this particular case you entered the final electrical information into the electronic system, correct? A. Correct. Q. But you did not enter the information regarding the rough inspection, correct? A. That is correct. Q. Do you know why that was? A. Because we were in the process of updating the computer system, that was probably one of the many times the system wasn't fully functional. Q. But regardless, you kept a paper copy or at least a scan of a paper copy in your system that recorded both the rough and the final, O'Brien & Levine, A Magna Legal Services Company Page 32 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 33 correct? A. Correct. Q. was it a scan of the paper copy that you kept or was it the paper copy that you kept? A. The paper copy gets scanned and where did it go from there storage -wise, I don't know. Q. You brought with you Exhibit 10 to your deposition today. was this retrieved from the electronic system? A. Yes. Q. You know that it was scanned after you made the handwritten notations and saved in the electronic system, correct? A. Correct. Q. Exhibit 13 is a fire report, correct? A. Yes, it is. Q. where did you get this from? A. I got this from the Yarmouth Fire Department. Q. were you able to query the system electronically or did you request it either by telephone or some other way? A. They printed it for me. I obtained it from them. O'Brien & Levine, A Magna Legal Services Company Page 33 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 34 Q. Is the wiring department near the fire department? A. Not far away. About a mile or so. Q. Did you physically go to the fire department? A. I did. Q. And you asked for the fire report; is that right? A. Correct. Q. And they gave you what is Exhibit 13, correct? A. Yes. Q. Do you know who you talked with at the fire department? A. I believe, Matt Bearse was the fire inspector, but Scott was the officer on scene at the incident. Q. Is the fire inspector with the fire prevention department? A. Correct. Q. They do inspections to make sure that buildings are safe and have smoke detectors and things like that? A. Right. O'Brien & Levine, A Magna Legal Services Company Page 34 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 35 Q. who was the fire inspector that you might have spoken with? A. Matt Bearse. Q. How do you spell that? A. B E A R S C E— I believe. Q. B E A R C E. A. He's lieutenant. The captain is Captain Huck. He's acting deputy right now because the deputy is acting chief. Q. Did you review the fire report in advance of this deposition? A. I read it, yes. Q. I believe you told us earlier that you recall there was a fire at 601 Route 61, correct? A. Correct. Q. Had you ever been inside that building prior to the fire? A. Prior to the fire I was there in 2017. Q. oh, right. when you were first couldn't get in and then rejected the work that was done, correct? A. Right. Q. other than that, had you been inside the O'Brien & Levine, A Magna Legal Services Company Page 35 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 36 building? A. Not to my knowledge. Q. on the day of the fire were you working? A. I was not. Q. Do you know where you were? A. NO. Q. How do you know you weren't working that day? A. well, I know I wasn't at the fire. Q. Do you know if you were called to the fire scene? A. I don't believe so. usually if one of my deputies goes it's because I was unavailable. Q. Either you were working unavailable or you were off that day? A. (witness nods head.) Q. Are you aware that one of your deputies went to the fire scene? A. My understanding is John Brewer was there. I cannot confirm or verify that. Q. How did you get that understanding? A. From Scott Smith. Q. when did you talk with Scott smith about the O'Brien & Levine, A Magna Legal Services Company Page 36 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 37 fi re? A. A week ago. Q. That was in preparation for coming here today, correct? A. Right. Q. Did you ever talk with Mr. Brewer about what he did or saw when he visited the scene on September 28, 2018? A. I did talk to him at the time Scott spoke to me and asked him whether he had been there. He said he wasn't entirely sure but he thought he may have been. Q. You spoke to him about a week ago; is that correct? A. Correct. Q. Other than speaking to him about a week ago, did you ever speak to him about what he did or saw when he went to the scene? A. z did not. Q. when you spoke to him about a week ago; that is, when you spoke to Mr. Brewer about a week ago, how would you describe his memory of going to the scene? MR. PROVENCHER: Objection. O'Brien & Levine, A Magna Legal Services Company Page 37 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 38 A. He and I are about the same age so I would say it's about the same condition. He didn't recall specifics. Q. when you spoke to him he didn't recall the specifics of the fire, correct? A. No. Q. Is that correct? A. That's correct. Q. when you said he's about the same age, how old are you? A. 81. I'll be 82 in two weeks. (off the record.) (Court Reporter read back last question and answer.) Q. Before we went off the record we were talking about what you did in advance of this deposition, and you had told us that you had gone to the fire department and picked up a copy of the fire report and you also spoke with Scott Smith from the Yarmouth Fire Department and you also talked with about Brewer; is that correct? A. Yes. Q. other than that and reviewing the records O'Brien & Levine, A Magna Legal Services Company Page 38 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 39 from the wiring department, did you do anything else to prepare? A. 1 did not. Q. How is the wiring department -- strike that. Is the wiring department part of the building department? A. Yes. Q. Does the wiring inspector work for the building inspector? A. works for the building commissioner. Q. So the way it's set up is, there's a building commissioner and underneath that there's the building department and there's the wiring department, correct? A. Correct. Q. Are there other departments? A. Plumbing and gas. Q. As the wiring inspector you report to the commissioner, correct? A. Correct. Q. who is that? A. Mark G ryl 1 s . Q. How do you spell the last name? A. G R Y L L S. O'Brien & Levine, A Magna Legal Services Company Page 39 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 40 Q. How long has Mr. Grylls been the building commissioner? A. I believe, six years. Q. Do you do inspections related to building permits separate from wiring permits? A. when the building permit is obtained if there's any wiring involved, I do the inspection. MR. BLACK: Mark this. (Exhibit 14 marked for identification.) Q. Sir, do you know what a Bates number is? Lawyers put numbers on pages usually sequentially just for identification purposes. Please take a look at Exhibit 14. Down at the bottom of the page there's a number 1613 that was put on by the lawyers. Do you see that? A. I do. Q. other than that Bates number, is this a record from the Town of Yarmouth? A. It is. Q. what is this record? A. It's a receipt for the financial transaction O'Brien & Levine, A Magna Legal Services Company Page 40 888.825,3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 regarding the permit from 2017. Q. And that's the permit that's reflected in Exhibits 7 and 8, correct? A. Yes. Q. And there's a reference there to K. Elliott. Do you see that? A. Right. Q. That's you? A. Correct. Q. Down at the bottom there is a section titled fee description. Do you see that? A. I do. Q. It says, electrical mi sc fee, correct? A. Electrical miscellaneous fee. Q. And below that it says late filing fee, correct? A. Correct. Q. what is a late filing fee? A. when a permit is not obtained or requested within the five day grace period there is a late filing fee attached. (Pause) MR. BLACK: Mark this. O'Brien & Levine, A Magna Legal Services Company 888.825.3376 - production@court-reporting.com 41 Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property , et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 42 (Exhibit 15 marked for identification.) Q. Putting before you Exhibit 15 to your deposition. This is a building permit from the building department, correct? A. Correct. Q. And the number, Bates number down at the bottom right is 1586, correct? A. Correct. Q. Have you seen this document before? A. I have not. Q. As the electrical inspector for the Town of Yarmouth are you involved when insulation is added to a building? A. I am not. Q. In addition to the documents that are reflected in the exhibits to your deposition, did you also have photographs related to the fire? A. I have photographs that were provided to me yesterday afternoon by the fire department. Q. who provided those photographs to you? A. Matt Bearse from the fire department. Not the actual photographs but he put them on a O'Brien & Levine, A Magna Legal Services Company Page 42 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 43 thumb drive. Q. so you got electronic images, correct, from the fire? A. Correct. Q. You didn't have any photographs prior to yesterday, correct? A. I had photographs that were provided to me on a thumb drive and yesterday I was informed that those were the incorrect photos, and brought the thumb drive back to them to clear those photos and put on the proper photos. Q. when you went to the fire department about a week ago in addition to getting the fire report you also got photographs on a thumb drive, correct? A. Correct. Q. You realized at some point either, you were told at some point that those were the incorrect photographs? A. Yes. Q. who told you that? A. Matt Bearse. Q. Then you received the correct photographs? O'Brien & Levine, A Magna Legal Services Company Page 43 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 44 A. Correct. Q. Please take a look at Exhibit 2 that was marked at Scott Smith's deposition. Those are 10 photographs. Are those the photographs that you received yesterday? A. I believe that's correct. Q. Do you know if Mr. Brewer took any photographs while he was on scene? A. I do not know that for a fact. I don't believe so. Q. As wiring inspector or deputy wiring inspector is it part of the duties of that position to go to a fire scene when called by the fire department? A. Yes. Q. How often have you gone to a fire scene? A. Multiple times. whenever there's a question that is electrically -related I get called. Q. Since 1999, how many times per year would you say that you got called to a scene? A. 10 to 15. Q. 10 to 15 times per year or in total? A. Per year. Q. Is that you personally or is that you plus O'Brien & Levine, A Magna Legal Services Company Page 44 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 45 all of the deputies? A. That's all of us. Q. Maybe about once a month someone from the wiring department wi l l get called to a scene. Does that sound right? A. Fair statement. Q. what's the purpose -- strike that. what's the role of the wiring department personnel at a fire scene? A. Try and make a determination if the cause of origin was electrically -related. Q. Do you have any information about the cause or origin of the fire at 601 Route 6A other than what you received from the fire department in the past week or so? A. I do not. Q. As you sit her today, did you make any determination whatsoever as to cause or origin of the fire at 601 Route 6A? A. I have not. Q. Did you ask Mr. Brewer whether he had an opinion as to what the cause or origin of the fire was? A. He did say that the general census at the O'Brien & Levine, A Magna Legal Services Company Page 45 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 46 scene was that it started from the fan. Q. Do you know whether he had a copy of the fire report when you were asking him that question? A. No. Q. Did he have a memory of the scene? A. I asked him about the fan and asked him about the fire scene and the trim, that that's where it started he said. That's what he recalls. Q. So the question that you asked him was specifically related to the fan; is that correct? A. Correct. Q. He didn't come up with that unprompted? MR. PROVENCHER: Objection. Q. Is that correct? A. That's correct. Q. Have you had training in fire investigation? A. I've taken same on-line courses. Q. what were those courses? A. Through the international Association of Arson Investigators. Q. oo you know what the course was called? O'Brien & Levine, A Magna Legal Services Company Page 46 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 47 A. Multiple courses. I didn't bring a transcript with me. Q. Do you hold any certifications or acc redi tati ons related to fire investigation? A. FIT, fire investigation technician. Q. who is that through? A. IAAI. Q. IAAI you hold a certification that's called FIT? A. FIT. Q. How long have you held that? A. Three year cycle and it's probably two or three cycles. Q. Other than that do you hold any certifications or accredi tati ons in fire investigation? A. No. Q. Do you have any training or experience in product design? A. NO. Q. Do you have any training or experience in product manufacture? A. No. O'Brien & Levine, A Magna Legal Services Company Page 47 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 19 Q. Have you ever been to any other fire scenes where a bathroom ventilatic involved in the fire? PAL& Lpg) A. Not to my knowledge. Q. Are you familiar with NFP 9 A. I am. Q. what is NFP 921?t� A. standard fire investigation Q. when you go to a fire scene photographs? A. I do not have Town provided photographic equipment. Q. so you don't, correct? A. I do not. Q. Do you know if any of the other wiring inspector department personnel take photographs when they go to a scene? A. Possibly with a tablet, but I don't know that for a fact. Q. Is there a place where those photographs would get stored at the wiring department? A. Not the wiring department but the Town records if there were photographs they would be stored. O'Brien & Levine, A Magna Legal Services Company Page 48 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 49 Q. what do you mean by not at the wiring department but at the town records? A. The building inspector's records on their tablet. Q. Do the wiring inspectors have a tablet? A. we do. we have one. Q. How long have you had the tablet? A. A number of years. I don't carry it in the field with me. Q. Do other inspectors? A. They carry theirs, yes. Q. If a wiring inspector takes a photograph with the tablet does it get stored in the building department file? A. I can't answer the question because I don't know. I have not used the tablet to take photographs. Q. Did you talk with Mr. Brewer about what he remembers doing while he was at the fire scene? A. I have not. Q. what was the -- what do you remember about your conversation with Mr. Brewer regarding the fire scene? O'Brien & Levine, A Magna Legal Services Company Page 49 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 so A. Basically he was at the location. Q. Anything else? A. That's about it. MR. BLACK: Those are the questions I have for you. Mr. Kirker may have some. CROSS EXAMINATION BY MR. KIRKER: Q. My name is Erick Kirker. Can you hear me? A. I can. Q. Before we start my questioning, I'm going to make sure to check with you to see if you need a break at any time. A. Not yet. Q. If you need a break let us know. A. Thank you. Q. I don't expect to be very long, but I'm going second so I will try not to ask questions that have already been asked. I'll did my best at that. There was a time period where I wasn't on the line so I may go over some ground that was already covered. By I ask you to follow the same instructions you were given by Attorney O'Brien & Levine, A Magna Legal Services Company Page 50 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 51 Black initially. .lust so you understand, sir, I'm the attorney that represents the insurance company for the homeowners for the house that was involved in the fire that occurred on September 28, 2018 at 601 Route 6A in Yarmouthport. just to be clear, this deposition is part of a deposition process that is related to a litigation involving that fire. Do you understand that? A. Understood. Q. with respect to electrical inspections done at the house at 601 Route 6A prior to the fire in September of 2018, is it correct that you only have record of there being one inspection done? A. Yes. Q. That was back in the 2017 time frame; is that correct? A. Correct. Q. And it related to some work for HVAC system and some recessed lights; is that right? A. That's correct. Q. That prior inspection did not relate in any O'Brien & Levine, A Magna Legal Services Company Page 51 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 52 way to the fan up on the second floor of this house; is that right? A. My recollection, that's correct. Q. with respect to that set of inspections, forgive me, I don't have the exact document in front of me and the numbers, but I believe it would be Exhibit Number 7 in front of you? A. Okay. I have that. Q. with respect to that exhibit, it is for the permit that ends with 4838; is that right? A. Correct. Q. That's the electrical work related to the HVAC system and recessed lights that we have been discussing, correct? A. Correct. Q. with respect to that work, was it your understanding that that work was being done by a licensed contractor? A. Yes. Q. with respect to that work, you have a reference in your handwriting about arc fault CB circuit breaker. Do you see that on that exhibit? O'Brien & Levine, A Magna Legal Services Company Page 52 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 53 A. I do. Q. And in terms of the arc fault circuit breaker, what circuit breaker are you referring to? A. Arc fault circuit breaker feeding the recessed lights. Q. so the circuit breaker for the recessed lights? A. Yes. Q. At the time you saw that circuit breaker, what type of circuit breaker was it? A. It was not an arc fault circuit breaker. Q. were you indicating in your rejection that the circuit breaker for the recessed lights needed to be changed to an arc fault circuit breaker? A. Yes. Q. were you indicating that any other circuit breakers needed to be changed to arc fault circuit breakers? A. No. Q. with respect to the other circuit breakers in that panel where the recessed lights were being attached to, do you know what type of O'Brien & Levine, A Magna Legal Services Company Page 53 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 54 circuit breakers were there, whether they be arc fault or something else? A. Just the only requirement would have been for the new work. Q. So with respect to the circuit breaker requirement that they be arc fault, that was only for the new work for the recessed lights; is that right? A. That's correct. Q. For the HVAC system, did that require an arc fault circuit breaker? A. It did not. Q. For the existing electrical in the house for items like the fan, that did not require a new arc fault circuit breaker to be installed in 2017; is that right? A. That's correct. Q. with respect to the visit that you did in March of 2017, was that the only visit that you did to the house? A. It is. Q. Did you ever go up into the attic of that house? A. I did not. O'Brien & Levine, A Magna Legal Services Company Page 54 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 55 Q. with respect to the 10-2 wire that was hanging in some way that wire was not in the attic? A. I don't believe so. Q. so that wire that was hanging was somewhere other than in the attic? A. Yes. Q. And you said hanging could be anything related to it not being strapped or connected in some way; is that right? A. Not being properly secured. Q. Do you know if that ever became properly secured after your visit in March of 2017? A. i do not. Q. You didn't go back for a re -inspection so the work could have been done you just don't know if it was? A. That's correct. Q. Same for the arc fault circuit breaker. Do you know if an arc fault circuit breaker was put in for the recessed lights? A. I do not. Q. could have been you just don't know? A. The contractor is notified of the rejection O'Brien & Levine, A Magna Legal Services Company Page 55 888.825.3376 - production@court-reporting.com 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 56 and never followed up with me to do a re -inspection. Q. Do you know why the contractor never followed up to do a re -inspection? A. I do not. Q. So nothing with respect to your inspection in March of 2017 related to the fan light combination that was upstairs in the master bathroom of this house, correct? A. It did not. Q. Sir, with respect to the fire that occurred at the house. My understanding from some of the questions that you had a conversation with Mr. John Brewer about that fire? A. Yes. Q. when did you have that conversation with him? A. when I received the subpoena and talked to Scott Smith from the fire department, Scott indicated that John Brewer had been at the scene. I called John and asked him. Q. Is that when he told you that the general consensus was that the fire was started in the fan? O'Brien & Levine, A Magna Legal Services Company Page 56 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 57 MR. BLACK: objection. A. Yes. Q. After receiving the subpoena, how many times did you call and speak to John Brewer? A. one possibly two. Q. Do you know if Brewer took any photographs while he was on scene with respect to this fire investigation? A. I do not believe he did. Q. with respect to Mr. Brewer's educational background, do you know what his educational background is with respect to electrical inspections or electricity? A. 1 don't know specifically what his education is, but he's been an electrical contractor for many years. Q. Do you know when he first acted in any capacity as an adjunct wiring inspector? A. Approximately 15 to 17 years ago. Q. with respect to Mr. Brewer, do you know what his background is with respect to fire origin and cause investigation? A. Limited. Q. Your knowledge is limited or his experience O'Brien & Levine, A Magna Legal Services Company Page 57 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property , et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 58 is limited? A. Both. Q. Can you explain to me what you know about Mr. Brewer's background regarding fire origin and cause investigation? A. just the few times that he's been called out by the Yarmouth Fire Department in the capacity of deputy wiring inspector. There's no formal education that I know of. Q. so he could have some formal education you just don't know? A. Correct. Q. Do you know if Mr. Brewer was ever on the fire department? A. I don't believe so. Q. Do you know if Mr. Brewer has any certifications regarding fire investigation like an FIT? A. I don't believe he does. Q. But you don't know for sure? A. I don't. Q. Do you have any knowledge about when the fan at issue in this case was initially installed? O'Brien & Levine, A Magna Legal Services Company Page 58 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property , et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 59 A. I do not. Q. Do you know why Mr. Brewer was asked to go to this fire scene as a wiring inspector as opposed to yourself? A. He's only called when I'm not available. Q. Must have been as a result of some unavailability of yours that Mr. Brewer was asked to go to this fire scene by the fire department; is that fair to say? A. Correct. MR. KIRKER: Those are the questions I have for you. Thank you for your time. MR. BLACK: follow-up here. I just have a quick REDIRECT EXAMINATION BY MR. BLACK: Q. It's the duty of the contractor to ask for a re -inspection, correct? A. It is. Q. You also mentioned that Mr. Brewer had only gone to a fire scene a few times. Do you know how many is a few times? O'Brien & Levine, A Magna Legal Services Company Page 59 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 60 A. I don't. MR. BLACK: Those are the questions I have. Thank you. Erick, any follow-up? MR. KIRKER: I'm going to reserve my follow-up. I'm going to place on the record that unfortunately due to a technical error on the conference call, I was off the conference call for roughly 15 minutes. During one of the breaks, as we returned, I came back on so there was some questioning that I missed. Until I see the transcript, I am going to refrain from closing my portion of the questioning. I doubt I'll have follow-up but I don't know because I don't know what was asked. And there's no way to obviously repeat it right now. I'm just going to hold my questioning open for now. MR. PROVENCHER: Matt Provencher for the witness. I am just going to object for the record. I understand your position why you need to, may need reconvene. I am just going to formally object for the record at this time. O'Brien & Levine, A Magna Legal Services Company Page 60 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property , et. al.v. Broan-NuTone LLC THE COURT REPORTER: who is getting a copy of the transcript. MR. BLACK: Yes. MR. KIRKER: I would like a copy. MR. PROVENCHER: I don't need a copy. (whereupon the deposition was concluded at 1:32 p.m.) O'Brien & Levine, A Magna Legal Services Company 888.825.3376 - production@court-reporting.com Ken Elliott October 07, 2022 61 Page 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property , et. al.v, Broan-NuTone LLC ERRATA SHEET DISTRIBUTION INFORMATION DEPONENT'S ERRATA & SIGNATURE INSTRUCTIONS ERRATA SHEET DISTRIBUTION INFORMATION The original of the Errata Sheet has been delivered to Andrew Black, Esquire. when the Errata Sheet has been completed by the deponent and signed, a copy thereof should be delivered to each party of record and the ORIGINAL forwarded to Andrew Black, Esquire, to whom the original deposition transcript was delivered. INSTRUCTIONS TO DEPONENT After reading this volume of your deposition, please indicate any corrections or changes to your testimony and the reasons therefor on the Errata Sheet suppled to you and sign it. DO NOT make marks or notations on the transcript volume itself. Add additional sheets if necessary. Please refer to the above instructions for errata sheet distribution information. O'Brien & Levine, A Magna Legal Services Company 888.825.3376 - production@court-reporting.com Ken Elliott October 07, 2022 71 Page 62 United Property, et. al.v. Broan-NuTone LLC 1 PLEASE ATTACH TO THE DEPOSITION OF: 2 Ken Elliott 3 CASE: united Property Insurance 4 DATE TAKEN: October 7, 2022 5 ERRATA SHEET 6 Please refer to page 63 for errata sheet 7 instructions and distribution instructions. 8 9 PAGE LINE 10 11 12 13 ell 14 15 CHANGE REASON 16 I have read the foregoing transcript 17 of my deposition and except for any 18 corrections or changes noted above, I hereby 19 subscribe to the transcript as an accurate 20 record of the statements made by me. 21 Executed this " day of 0Lrv&0/.L 2022. 15, 22 24 4;; . a'e-;4 KEN ELLIOTT o -�r9�Y Pv0\' Pc,�.; O'Brien & Levine, A Magna Legal Services Company .55,,. 888.825.3376 - production@court-reporting.com rH OF Ken Elliott October 07, 2022 63 Page 63 00, TOWN OF YARMOUTH Z 'pro BUILDING DEPARTMENT 0. _ y 1146 Route 28, South Yarmouth, MA 02664 MlknA [� d 508-398-2231 ext. 1263 Fax 508-398-0836 tpbM1UA9 i� K. Elliott, Inspector of Wires kelliott ,varmouth.ma.us Chan es noted from de osition of 10-7-2022 Page 7, Line 10: Page 11, Line 11: Page 13, Line 11: Page 18, Line 23: Page 19, Line 4: Page 48, Line 8: Respectfully submitted, B. Kent "Ken" Elliott Name should read Will Sinclair. I did write the word "nothing". Correct spelling should be Mr. Sinclair Correct spelling should be Wellington Soares Correction should be "doing business with the...." Correction: Should read "Guide for Fire & Explosion Investigations" TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1263 Fax 508-398-0836 K. Elliott, Inspector of Wires kelliottnvarmouth.ma.us Changes noted from deposition of 10-7-2022 Page 7, Line 10: Page 11, Line 11: Page 13, Line 11: Page 18, Line 23: Page 19, Line 4: Page 48, Line 8: Respectfully submitted, B. Kent "Ken" Elliott Name should read Will Sinclair. I did write the word "nothing". Correct spelling should be Mr. Sinclair Correct spelling should be Wellington Soares Correction should be "doing business with the...." Correction: Should read "Guide for Fire & Explosion Investigations" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC PLEASE ATTACH TO THE DEPOSITION OF: Ken Elliott CASE: United Property Insurance DATE TAKEN: October 7, 2022 ERRATA SHEET Please refer to page 63 for errata sheet instructions and distribution instructions. PAGE LINE CHANGE REASON I have read the foregoing transcript of my deposition and except for any corrections or changes noted above, I hereby subscribe to the transcript as an accurate record of the statements made by me. Executed this ' day of OtrV&LY-, 2022. C (/- -, - - M7& w KEN ELLIOTT Ken Elliott October 07, 2022 63 O'Brien & Levine, A Magna Legal Services Company Page 63 888.825.3376 - production@court-reporting.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 United Property, et. al.v. Broan-NuTone LLC COMMONWEALTH OF MASSACHUSETTS) SUFFOLK, SS. ) I, Linda Bernis, a Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, do hereby certify that KEN ELLIOTT, the witness who remotely appeared, was duly sworn by me and that such deposition is a true record of the testimony given by the witness. I further certify that I am neither related to or employed by any of the parties in or counsel to this action, nor am I financially interested in the outcome of this action. In witness whereof, I have hereunto set my hand and seal this llth day of October, 2022. Notary Public My Commission expires: July 25, 2025 Ken Elliott October 07, 2022 64 O'Brien & Levine, A Magna Legal Services Company Page 64 888.825.3376 - production@court-reporting.com United Property , et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 2017 601 accreditations 1 10:22 11:1,14 17:24 10: l 3 19:23 20:20 47:4,16 18:3 19:13 20:21 24:19 30:6 35:14 accurate 10 21:22 25:11,12,13, 45:13,19 51:6,13 13:19 29:20,23 30:10,21 16 26:10,14,17 30:4 61 acted 31:2,12,15 33:7 35:19 41:1 51: I8 35:14 57:17 44:4,21,22 54:16,19 55:13 56:7 65 acting 10-2 2018 16:20 35: 8,9 29:16,17,19 55:1 22:24 30:8 37:8 6A actual 11 51:6,14 10:13 19:23 20:21 42:24 30:19,20 31:2 2019 24:19 30:7 45:13,19 added 12 11:15 30:11 31:1 51:6,13 42:14 4:23 18:9 21:7,12 22 addition 28:1 30:23 18:3 7 42:16 43:14 13 23 address 9:24 11:5 33:15 19:13 20:21 25:11, 7 8:11 19:23 34:10 16 17:12,21 19:12,21 14 20:14 21:16 23:1 addressed 11:5 40:10,15 26 14:20 25:14 26:4,6,7,13 25:6 15 29:1441:3 52:7 adjunct 11:5 42:1,3 44:21,22 27 21:22 25:12 26:14 7/3/19 57:18 advance 57:19 60:8 27th 31:22 35:10 38:16 1586 22:3 27:2 afternoon 42:8 28 8 42:21 16 17:24 25:12 26:16 8 age 11:5 30:7 37:8 51.6 17:17,23 18:8 19:20 22:22 23:8 38:1,9 1613 21:10,11 25:14 41:3 AJ 40:17 3 81 7:10,11 17 11:5 57:19 3/23/17 38:1 1 alarms 18 20:14 82 14:17,18 11:5 30 38:11 alternate 1964 29:24 30:1 7:6,8,23 16:19 9 amp 29:24 30:1 1972 4 9 15:16 24:7 26:12,18 and/or 44:5 1999 9/20/19 application 6:20 12:8 13:2,23 32:1 14: ] 1 44:19 4838 921 10:21 25:4 27:23 17: 14 52:11 apply 1:32 48:5,7 61:8 18:20 5 applying A 16:1 19:1 2 5 8:22 9:6 22:24 abreast approval 2 14:7 22:4 508-367-0167 26:10 29:20 44:2 8.10 AC Approximately 2008 18:9 21:11,13 57:19 12:12,19,20 accepted April 2012 6 23:17 22:24 11:5,9 6 access arc 2016 9:24 10:5 1 1:7 20:17,18 25:24 21:17,20 22:5,13,14 11:8 6-13 accommodate 28:10,18,22 52:22 9:21 6:11 53:2,5,12,15,19 O'Brien & Levine, A Magna Legal Services Company Index: 10-arc 888.825.3376 - productionpcourt-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 54:2,6,10,15 55:19, 34:15 35:3 42:23 closing 20 43:23 C 60:12 arcing Black code 28:16 4:17 8:19 9:19 40:9 14:6,8,10 28:12,13 area 41:23 50:4 51:1 57:1 21l22.12 codes 27:20 28:1,5 59:14,18 60:2 61:3 /b 02 17:8 Arson boiler 21: 1.20 college 46:23 18:9 21:11,13 call 17:2 asks bottom 57:4 60:7,8 combination 9:13 11:7 18:2 20:3 21:16 called 56:8 Association 24:24 26:4,5,7 31:16 36:10 4 :1 commissioner 46:22 40:16 41:10 42: 8 44:13,18,20 45:4 ,18, 8:3 39:10,12,19 40:2 attached break :24 56:21 common 41:21 53:24 6:10 50:13,15 :5 58:6 59:5 18:15 attend breaker cancelled Commonwealth 14:7 22:6,13,14,16 52:23 22:22,23 15:6 attending 53:3,5,7,10,11,12, capacity company 17:1 14,16 54:5, l 1,15 57:18 58:8 14:12,21,22,24 15:2 attic 55:19,20 captain 51:4 54:22 55:3,6 breakers 8: 35:7 completed attorney 28:1153:19,20,22 carrryy 20:24 50:24 51:3 54;1 49:8,11 compliant automatic breaks case 14:6 25:2 60:9 32:10 58:23 computer automatically Brewer CB2 17:22 19:18 24:9 27:1,3 7:10,13 8:4 13:11 52:23 25:2 27:5 31:10 aware 36:20 37:6,21 38:22 census 32:19 30:6 36: l8 44:7 45:21 49:18,23 45:24 concluded 56:14,20 57:4,6,20 certificates 61:8 B 58:13,16 59:2,7,22 17:9,10 condition Brewers certification 38:2 back 57:10 58:4 47:9 conductor 11:4 13:16 21:15 bring certifications 29:20 23:23 27:23 38:13 9:8,13 47:1 47:3,16 58:17 conductors 43:10 51:18 55:15 brings g changed 28:16,18,22 60:10 9:10 53:15,19 conference backtilled brought check 60:7,8 19:24 8:16 9:16 10:1,3 50:12 confirm background 33:7 43:10 chief 36:21 57:11,12,21 58:4 building 35:9 connected based 8:3 12:4,14 35:17 circuit 55:10 10:19 22:5 23:18 36: l 39:6,9,10,12,13 22:5,13,14,16 28:11, 24:9 40:1,4,6 42;4,5,14 16 52:23 53:2,3,5,7, consensus 56:23 Basically 49:3,14 10,11,12,14,15,18, 50:1 buildings 20,22 54:1,5,11,15 consists Bates 34:22 55:19,20 21:14 40:12,20 42:7 business Claire continue bathroom 14:12,13,15 15:7 7:10 13:11 23:11 48:2 56:9 16:11 19:4 clear continuing Beach 6:3 43:11 51:7 9:4 8:8,11 closer contractor Bearse 21:2 10:20 15:11,12 16:10 52:19 55:24 O'Brien & Levine, A Magna Legal Services Company Index: arcing -contractor 888.825,3376 - production(a,court-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 56:3 57:15 59:19 court deponent contractors 6:1 38:13 61:1 4:4 E 16:12 covered deposed conversation 50:23 9:1 earlier 49:2356:13,16 CROSS deposition 9:t 35:13 copies 50:7 4:4,18 5:3,15, l8 9:3, education ion 10:3 Cruz 5 24:8 33:8 35: l 1 14:7 57:14 58:9, l0 copy 10:16,18 19:10,16 38:17 42:4,18 44:3 educational 8:16 9:10 17:14,16, Currier 51:8 61:7 57:10,11 21 32:22,23 33:3,4,5 13:17 deputies Ekaterina 38:19 46:2 61:2,4,6 customer's 36:13, l8 45:1 19:14 corner 10:19 deputy electrical 17:15 cut 13:4,5,10 35:8,9 6:22 7:4 10:20,2412:7 correct 26:19 44:11 58:8 13:3,7,13 14:10 5:10,11 7:3 8:14 9:1, cycle describe 16:9 21:4 22:1523:14,20 11, 12,14,15,18 10:6, 47: 13 37:22 24:2 25:5, 7,13,17 11:9,10,15, cycles description 17 2b:19,22 32:11 16,19 12:8 14:1 47:14 21:9 41:1 1 41: l 3,14 42:12 18:3,4,7,10, l 8 19:7, design 51:12 52:13 54:1357:12, 14,22 20:9,10,14,15 D 47:20 I S 21:7,23,24 22:19 detectors Electrically 23:2,3,15,16,24 date 34:22 12:18electrical) 24:3,6,20,21,22 13:19,20 17:23 determination electricallyrelated -related 26:1, 30:10 31:11,13 45:10,18 44:18 45:1 1 2,4,8,9,14,15,24 dated digits electrician 27:1,12,13,16,17 19:12 17:14 15:9,10,2 l ,23 16:4, 28:5,6,9,24 29:17,18 dates DIRECT 5,14 17:6,18 18:22 30:4,8,9,12,13,14,15 25:10 4:16 19:4 23:22 31:2,17,18,20,23,24 day discussing electrician's 32:2,3,5,12, l 3,15, l6 27:3,6 36:3,8, l6 52: l 5 15: l4 33:1,2,13,14, l5 41:20 document Electricians 34:9,11,20 35:15,16, days 17:13,17, l8 18:6 18:17 22 37:4,14,15 38:5, 4:5 18:19 23:5 24:8,9, t 5 27:22 electricity 7,8,22 39:14,15,19, Defendant 42:10 52:5 57:13 20 41:3,9,13,16,17 4:13 documentation electrocutions 42:5,6,8,9 43:2,4,6, degrees 24:17 29:1 16,17,24 44:1,6 17:3 electronic 46,13,14,17, l 8 Delray documents 11:23,24 12:24 48:13 51:14,19,20, 8:8,11 6 10:1,3 24:1 14:17 30:24 32:5,8, 23 52:3,12,15,16 department 42:16 42:16 12 33:9,13 43:2 54:9,17 55:18 56:9 11:17 12:5,14 13:24 doubt l3 electronically 58:12 59:10,20 18:6 24:2 33:19 12:2,11,17 33:21 corrections 34:1,2,5,14,19 riv e drive Elliott 23:12 38:18,21 39:1,4,5,6, 43:1, 8,10,16 4:11 25:20 41:5 corresponds 13,14 42:5,21,23 due employed 26:13 43:13 44:14 45:4,9, 22:22 23:8 29:6 60:6 6:14, l 8 7: E 3 counsel 15 48:16,21,22 49:2, duly 4:3,12 14 56:19 58:7,14 4:13end 20:8 31:19 couple 59:9 duties ends 16:12 department's 44:duties 52: l l courses 1 1:21 duty duty enforce 17:8 46:20,21 47:1 departments 59:19 14:8 39:16 O'Brien & Levine, A Magna Legal Services Company Index: contractor -enforce 888.825.3376 - production(?a,court-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 Ensores explain fixed 16:21 18:23 58:3 23:20 ground enter floor 50:22 32:7,14 F 52:1 Grylls entered Florida 39:22 40:1 27:11 32:10 fact 7:17,18,20 8:5,7 entries 44:9 48:19 follow H 24:22,23 fair 50:23 entry 45:6 59:9 follow-up half 25:2,11,12, l6 26:5, familiar 59: 15 60:3,5,14 13:22,23 7,10,16 48:5 forgive handwriting equipment fan 52:$ 20:6 31:7 52:22 14:17 48:12 46:1 7 12 48:2 52:1 ' ' form handwritten equivalency 54:14 56:7,24 58:22 4:7 12:2223 , 10:6,8 20:4,13 21:15 16:24 fault formal 22:20 23:13 26:5 2 l :17,20 22:5,13, { 4 29: t 5 31:4,9,16 Erick 58:910 , 50:9 60:3 28:10 52:23 53:2,5, formally 33:12 12,15 19 54:2 6,11, hanging error 15 55: 19,20 60:23 21:20,21 22:6,7 60:7 fee forms 29:4,8 30:2 55:2,5,8 essence 41:11,13,14,15,18, 13:1 happened 8:4 21 frame 24:3 exact feeding 51:18 happy 52:5 53:5 front 6:7,1 1 examination field 52:6'8 hard 4:12,16 50:7 59:17 49:9 fully 17:20 examined rite 32:20 hazard 4:14 24: l ,18 49:14 functional 28:23 exhibit tiles 32:21 head 8:20,22 9:5,6 10:5 1 1:22 12:1,12,13 36:17 11:717:12,17,21,23 G 18:8 19:12,20,21 filing hear 20:14 2 I : l 0,16 23: i 4:6 23:9 41:15,18,2 l gas 50:9 4 26: 24:7 25: l4 26:4,6,7, final 39:17 held 12,13, l8 12,13,18 25:9,17 32:1,4,11,24 gauge 15:8 16:4 47:12 29:14 3 30:31:12,15 financial 29:17,20,23 high 33:7,15 40:24 gave 16:21,23 34:10 40:10,15 42:1, fire 34:10 hold 3 44:2 52:7,10,24 14:17 28:19 29:6 GED 15:17 47:3,9,15 exhibits 30:6,14,17 33:15,18 17:1 60:17 9:3,21,24 31:2 41:3 34:1,4,7,13,15,18 general holder 42:17 35:1,10,14,18,19 45:24 56:22 15:2,3 existing36:3,9,10,19 37:1 generally Home 54:13 3 8:5,18,19,21 42:19, 14:3 4:20 expect P 21,23 43:3,13,14 generated homeowners 50:17 44:13,14,16 45:9,13, 24:9 51:4 experience 14,19,23 46:3,8,19 give house 47:1,2257:24 47:4,6,16 48:1,3,8,9 13:19 51:4,13 52:2 54:13, 49:19,24 51:5,10,14 good 20,23 56:9,12 expire 23:10 56: l 1,14,19,23 57:8, ,23 22:22 29:23 Huck 21 58,14,1 2158:,23 35:8 expired 59:3,8FIT grace 23:2,8 41:20 HVAC graduate 21:6,14 29:1 1 51:21 47:6,10,1 1 58:18 52:14 54:10 O'Brien & Levine, A Magna Legal Services Company Index: Ensores-HVAC 888.825.3376 - production(7a,court-)court United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 install Ken location I 21:7,12 4:11 5: l2 25:20 20:19 21:3 22:2 installation Kent 27:24 50:1 IAAI 29: l l 5:8 long 47:8 installed kind 4:22 6:18 12:1 13:5, identification 18:9 27:19 54:16 28:15 21 14:19 15:23 8:23 9:22 40:11,14 58:24 Kirker 16:14 40:1 47:12 4 instructions 24:4 28:21 50:5,8,9 49:7 50:17 images 50:24 59:11 60:4 61:4 longer 43:2 insulation knowledge 8:6 incident 42:13 36:2 48:4 57:24 34: 17 insurance 58:22 M incorrect 51:3 43:9,20 made intention intention 21:22 26:3 33: l 1 T 53:13,18 late make information International 41:15,18,2 l 6:3,4 l 0: 10 l 4:5 46:22 10: l2 12:4,6,10,24 lawyers 27: l0 30: l 7 34:21 17:20 19:17,19,24 investigation 40:13,17 45:10,17 50:12 46:19 47:5,6,17 48:8 3 l : l2 32:7,1 1, l4 leave making 45:12 57:8,22 58:5,17 7:16 13:18,21 29:3 informed Investigators left manufacture 46:23 43:9 13:15 47:23 initially involved left-hand March 51:1 58.23 40:42:13 48:3 51:5 10:15 10:22 11:13 18:3 initials involving license 19:13 20:21 21:22 20:11 31:19 S 1:9 15:8,15,19 16:1,3,6, 25: l 1,12, l6 26:10, input Island 18,19 17:10 14,16 30:4 54:19 24:10 15:13 licensed 55: l3 56:7 inside issue 14:24 15:2,3,6 52:19 Marion 35:17,24 58:23 licenses 10:15,18 19:15 inspect items l5:9 Mark 25:24 54:14 lieutenant 9:19 13:16 39:22 inspection 35:7 40:9 41:23 12:8 20:22 22:3,4 J light marked 25:8 26:17,21 31:11 January 56:7 8:20,22 9:3,21,24 32:4, l5 40:8 51:16, 17:24 lights 40:10 42: l 44:3 24 56:6 job 18:10 21:7, l2 27:18 Massachusetts inspections 7:2 13:15 27:9 28:4 29:1 1 51:22 14:9 15: l 1 34:21 40:4 5 l ;12 John 52:14 53:6,8,14,23 master 52:4 57:13 7: l0 36:20 56:14,20, 54:8 55:21 15:9,14 16:5 56:8 inspector 21 57:4 limited Matt 5:16 6:22,24 7:4 journeyman 23:9 57:23,24 58:1 34:15 35:3 42:23 13:3,8,13,17 14:3 15:10 lines 43:23 60:19 25:20 27:9 34:16,18 journeyman's 20:13 means 35:1 39:8,9, l8 42: l2 15:19 16:3,5 litigation 22:2 44:11,12 48:16 June 51:9 memory 49:12 57: l8 58:8 11:14 30:11 31:1 living 27:21,23 37:22 46:6 59:3 27:20 28:5 mentioned inspector's K load 59:22 49:3 29:24 30:1 middle inspectors KE located 5:8 7:6,9,23 49:5,10 20:8 29:9 O'Brien & Levine, A Magna Legal Services Company Index: IAAI-middle 888.825.3376 - productionAcourt-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 mile notes 49:17 57:6 34:3 5:5 10:6,8,10 23:18 P photos mine notified 43:10,11,12 10:9 31:8 23:22 55:24 p.m. physical minutes number 61:8 11:22 60:8 8:9 40:12,17,20 42:7 pages physically misc 49:8 52:7 40: l 3 34:4 41:13 numbering panel picked miscellaneous 9:4 22:16 53:23 38:19 41:14 numbers paper place missed 8:21 40:13 52:6 t 2:16,22,23 32:22,23 12;14 27:7,11, l5 60:11 33:345 ,, 48:20 60:5 missingPardon O 14:14 Plumbing 22:5 39:17 object part moment 60:20 23 39:5 44:12 51:8 point 5:14 21:11 22:8,9 43: l 8, month Objection particulars 19 24:4 28:21 37:24 5:4 45:3 46:16 57: l parties portion motions 60:13 4:8 objections 4:3 position move 4:7 past 44:13 60:21 7:18,20 observes 45:15 possibly moved Pause 4:21 48:18 57:5 7.17 8.5 obtained 41 22 preexisted Multiple 33:23 40:6 41:19 pending 30:3 44.17 47.1 obtaining 25:1 preparation 16:2 perform 37:3 occurred 20:22 25:5 N 51:5 56: l 1 period prepare 39:2 N/a office 13:16 41:20 50:21 25:17,23 14:5 17:19 19:1,6 permit president NA 23:9 10:21 17:14 18:13) 14:ident 22,23 20:14 officer 18,21 19:20 20:2 prevention Natural 34:16 22:22 23:2,7,12 25:7 19 14:9 on-line 30:1140:641:1,2,19 print ant nature 46:20 42:4 52:1 ! 16 21:3 ongoing permits rime printed needed 14:7 10:24 1 1:6 14:5 17:16 24:1 ! 31:13 53:15,19 open 23:10 24:17,19 40:5 23 NFP 60:17 personal prrinting printing 48:5,7 opinion 28:23 14 nods 45:22 personally into printout 36:17 opposed 19:2,3 32:7 44:24 24 notation 59:4 personnel prior prrior 2 l :15,17,22 22:1,20, order 45:9 48:16 5:5,15 11:1 12:21,23 14:11 16:1,2,15,18 21 23:13 26:3 29:15 23: l ! photograph 17:7 18:19 25:7 31:4,9,22 32:1 origin 49:12 35:17,19 43:5 51:13, notations 45:11,13,19,22 photographic 24 11:8 20:4 31:16 57:22 58:5 48:11 33:12 owner photographs s process 32:1851:8 noted 14:24 19:9,13 42:18,20,22,24 43:5, 11:4 7,15,20,24 44:4,5,8 processes 48:10,17,20,23 14:4 O'Brien & Levine, A Magna Legal Services Company Index: mile —processes 888.825.3376 - productionpcourt-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 product referring requested 47:20,23 }2 53:4 41:19 prompt re -appointed reflect require 6:2 31:13 54:10,14 7:19,22,23 reflected required 43:12 re -inspection nspection 19:20 21:10 25:14 30:1 properly 26:20,24 27:7,10,15 41:2 42:17 requirement 22:9,10 55:11,12 55: l5 56:2,4 59:20 reflects 28:12 54:3,6 property read 27:22 requirements 10:14 11:19 4:4 21:18 35:12 refrain 14:6 38zed realized 60: l2 requires 21:3 43:18 reject 28:13 Provencher 21:17,20 27:2 researching 37:24 46:16 60:19 recall rejected 10:12 4:21 5:4,18 27:18 61:5 29:10 35:14 38:3,4 22:3 23:14,19 26:1 1, reserve provided 12 35:21 60:4 42:20,22 43:7 48:1 1 recalls rejection reserved 46:10 Pulley 23:22 26:13 53:13 4:9 7:10,12 13:11 receipt 55:24 residential 40:24 purpose received relate 26:19,22 20:20 24:14 28:10 10:11 18:3,6 43:24 51:24 respect 29:3 45:7 44:5 45:14 56:18 related 51:12 52:4,10,17,21 purposes 4:24 5:15 11:8,18 53:22 54:5,18 55:1 40:15 receiving 24:19 25:4,13 30:2, 56:6,1 1 57:7,10,12, pursuant 24:12 25:7 57:3 16,20 31:1 40:4 20,21 8:13 recessed 42:19 46: l2 47:4 respective put 18:9 21:7,12 27:18 51:9,21 52:13 55:9 4:3 19:23 23:4 32:4 28:4 5 E:22 52: l4 56:7 response 40:13,17 42:24 53:6,7,14,23 54:7 relative 6:2 43 :11 55:21 21 24:16 responsibility puts recognize remember 23:23 17:20 19:7 recollection 28:3 49:22 responsive putting 52:3 remembers 10:2 9:23 17:12 42:3 49:19 result recommendation 8.2 repairs 59:6 Q 30: l 7 retrieved reconvene repeat 33:8 query 60:22 60:16 returned 33:20 record rephrase 60:96:7 question 6:3 l l : l3 20:1 4:8 6:8 24:5 38:14 38:12,15 40:21,23 review 44:17 46:4,1 1 49:15 51:15 60:6,21,23 replacement 35:10 questioning recorded 21:6 reviewing 50:1 1 60:10,13,17 12:1 29:14 32:24 repo 38:24 33:15 34:7 35:10 Rhode questions recording 38:19 39:18 43:15 l 5:13 5:23 6:6 50:4,19 12:3,5,10,12 46:3 56:13 59:12 60:2 records right-hand quick 11:18,2212:15,21 reporter 17:15 59: ] 4 38:24 48:23 49:2,3 6:1 38:13 61:1 role REDIRECT resents represents 13:10 14:21 45:8 59:17 51:3 room reference request 27:20 28:5 18:17 33:21 41:5 52:22 O'Brien & Levine, A Magna Legal Services Company Index: product -room 888.825.3376 - production(-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 rough security speaking submitted 25:1,831:11,12,14, 14:12,13,15,16,17 37:16 18:13 22 32:15,24 sense specifically subpoena roughly 6:4 46:12 57:14 8:13,17 9:10,13 60:8 separate specifics 10:2,11 24:12 56:18 Route 40:5 38:3,5 57:3 10:13 19:23 20:20 September spell supposed 24:19 30:7 35:14 30:7 37:8 51:6,14 35:4 39:23 18:17 22:15 45:13,19 51:6,13 sequentially spoke sworn run 40:14 37:9,13,20,21 38:4, 4:13 17:21 set 20 system running 39:1 1 52:4 spoken 12:3,5,14 15:10,11, 22:8 sheet 35:2 12 19:18 25:3 27:5, 11:4 St 12,14 29:12 30:24 S shocks 7:10 13:11 3 l :10 32:5,8,12,19, 29:1 stage 20,23 33:9,13,20 safe show 28:17 51:21 52:14 54:10 34:22 safety 31:10 stamp 28:14,15,23 29:5,6 side 18:2 23:1,4 T saved 10:15 Standard tablet 33: l2 Sign :8 24:10 48: l 8 49:4,5, scan 4:47,13,16 st 32:23 33:3 sir 26:23 takes scanned 4: l8 24:5 40:12 51:2 Staple 49:12 12:24 33:5,1 1 56:1 l 22:1 l taking scene sit start 17:7,23 29: l3 3 1: 15 34:17 36:1 I , l9 37:7, 28:3 45: l7 28:19 50:11 talk 18,23 44:8,13,16,20 site started 36:24 37:6,9 49: l 8 45:5,9 46:1,6,8 48:9, 25:24 26: l 10:11 12:7 13:2,14 talked 17 49:20,24 56:21 sitting 46:1,9 56:23 34:13 38:21 56:18 57:7 59:3,8,23 6:1 starting talking scenes situations 12:19 16: l8 18:20 5:14 38:16 48:1 23:21 state technical scheduled size 5:7 15: l2 60:6 26:20 27:4 29:12,13 statement technician schedules Smith 45:6 15:10 47:6 27:3,5 8:24 36:23,24 38:20 status telephone school 56:19 25:17 26:1 1 8:9 33:22 16:21,23 17:5,10 Smith's stipulated tenant Scott 44:3 42 19:9,13 8:24 34:16 36:23,24 smoke STIPULATIONS terms 37:9 38:20 44:3 34:22 4:1 53:2 56:19 socially storage -wise test sealing 19:3 33:6 17:7 4:5 sort stored testified searched 16:23 48:21,24 49:13 4:14 5:21 11:21 sound strapped thereof section 45:5 55:9 4:6 41:10 space strike things secured 23:9 4:8 39:4 45:7 34:23 22:9,10 55:11,13 speak subject thinking 37:17 57A 10:14 27:23 O'Brien & Levine, A Magna Legal Services Company Index: rough. -thinking 888.825.3376 - production(a-,court-reporting.com United Property, et. al.v. Broan-NuTone LLC Ken Elliott October 07, 2022 thought turns visited written 37:12 17:18 37:7 11:11 thumb type wrote 43:1,8,10,15 14:16 16:8 26:17,21 W 10:13 tie 53:11,24 22:1 1 typed waived Y time 19:20 21:6 4:6 4:9,22 6:10 12:10 typewritten walked Yarmouth 13:14 22:23 23:10 20:1 19:6 6:17,19,21 7:14 12:8 37:9 50:13,20 51:18 Wally 14:1 19:5 24:2 33:18 53:10 59:13 60:24 U 18:23 38:21 40:21 42:13 times wanted 58:7 4:20 32:20 44:17,19, unable 24:16 Yarmouthport 22 57:3 58:6 59:23, 20:19 week 30:7 51:7 24 unavailability 37:2,13,16,20,22 Yashina titled 59:7 43:14 45:15 19:14 41:10 unavailable weeks year today 7:7 36:14,15 38:11 7:21,24 13:22,23 5:6,23 8:13 9:1,4,8, underneath whatsoever 15:2044:19,22,23 11 28:3 33:8 37:4 39:12 45:18 47:13 45:17 understand wire year's told 6:6 8:24 51:2,10 18:9 21:11 22:6,7,8, 22:23 23:10 35:13 38:17 43:19, 60:21 10 29:8,12,13,17,23 years 22 56:22 understanding 30:2 55:1,2,5 4:23 11:8 12:3 13:4, top 36:20,22 52:18 wires 6 14:20 15:24 16:2, 10:13 17:15 19:9 56:12 29:4 17 40:3 49:8 57:16, 21:2 26:5,7 Understood wiring 19 total 51:1 1 5:16 6:23 11:17,21 yesterday 16:16 44:22 unprompted 13:24 14:3 18:5 42:21 43:6,8 44:5 town 46:15 21:12,13 27:9 34:1 6:17,18,21 7:13 8:2, unrelated 39:1,4,5,8,14,18 3 12:4 19:5,18,24 29:10,21 40:5,7 44:11 45:4,8 40:21 42:12 48:11, Unsecured 48:15,21,22 49:1,5, 22 49:2 22:8 12 57:18 58:8 59:3 trade updating work 15:24 32:18 4:24 5:16 6:8 14:4,5 training upstairs p 15:21,23,24 16:4,8, 46:19 47:19,22 56:8 9,10,14 17:9,10 transaction 18:8,12,18,20 20:23 40:24 V 21:4 23:11,14,20 25:5,6,13 29:22 transcript ventilation 30:3,16,20 31:1 4:5 47:2 60: l l 61:2 48:2 35:21 39:8 51:21 transpose verbal 52:13,17,18,21 54:4, 17:1931:11 6:2 755:16 trial verify worked 4:9 5:21 36:21 14:12 16:13 trim version working 46:8 14:9 20:2 12:7 17:4 36:3,7,15 trip vice Works 28:16 14:22,23 39:10 true visit wraps 28:22 54:18,19 55:13 22:11 O'Brien & Levine, A Magna Legal Services Company Index: thought -yesterday 888.825.3376 - productionAcourt-reporting.com Andrew D. Black Attorng at Lair I Mead, Talertnan & Costa, LLC Attomeys at Law Matthew D. Provencher 227 Union Street, Suite 606 New Bedford, MA 02740 office: T.4.206.6857 mobile: 508.441.7233 Matt@mtclawyers.com www.mtclawyem.com SMITH )UGGA N' SMITH DUCCAN BUELL & RUFO LLP SS Old Bedford Road Lincoln, MA 01773 1 125 Andt-e%v.Black a SniithDu.qan.cotrt 617.228.44S8 Direct