uber appeal hearing transcript of 08-17-2015

In The Matter Of:Rasier LLC and Department of Economic Opportunity

0026 2825 90-02, 0026 2834 68-02, 0026 2850 33-02

Protest of Liability Hearing

August 17, 2015

Original File Rasier-DEO_Hearing_8-17-2015.txt

Min-U-Script® with Word Index

Doris O. Wong Associates, Inc.

Protest of Liability Hearing - August 17, 2015

1

Volume I Pages 1 to 342 Exhibits 1 - 3 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY REEMPLOYMENT ASSISTANCE PROGRAM - - - - - - - - - - - - - - - - - - - - -x PROTEST OF LIABILITY HEARING RE: : : MELISSA EWERS 0026 2825 90-02 : DARRIN E. McGILLIS 0026 2834 68-02 : MICHAEL HUTTON 0026 2850 33-02 : : : RASIER LLC : 1455 Market Street, Floor 4 : San Francisco, CA 94103-1355 : Petitioner, : : DEPARTMENT OF ECONOMIC OPPORTUNITY : c/o Department of Revenue : Compliance Enforcement : Respondent. : - - - - - - - - - - - - - - - - - - - - -x BEFORE: Jackson Houser, Hearing Officer APPEARANCES (All Via Speakerphone): Littler, Mendelson P.C. (by Courtney B. Wilson, Esq.) Wells Fargo Center, 333 SE 2nd Avenue, Suite 2700, Miami, FL 33131, 305.400.7565, [email protected], for the Petitioner. Florida Department of Revenue (by Myra M. Taylor, Tax Auditor Supervisor, Compliance Campaigns) PO Box 6417, Tallahassee, FL 32314-6417, 850-717-7385, [email protected] for the Respondent. (Continued on )



2

APPEARANCES (Continued) (All Via Speakerphone): Lichten & Liss-Riordan, P.C. (by Shannon Liss-Riordan, Esq.) 729 Boylston Street, Suite 2000, Boston, MA 02116, 617.994.5800, [email protected] - and - Sugarman & Susskind (by Noah S. Warman, Esq., and Michael Gillman, Esq.) 100 Miracle Mile, Suite 300, Coral Gables, FL 33134, 305.529.2801, nwarman@sugarmansusskindcom, [email protected], for the Joined Party Darrin McGillis. ALSO PRESENT: Melissa Ewers, Joined Party Darrin McGillis, Joined Party Michael Hutton, Joined Party Matthew Gore, Uber Representative Adelaide H. Pagano, Esq., Lichten & Liss-Riordan Anne Kramer, Lichten & Liss-Riordan Craig Thomas, Observer, Department of Revenue Celia Ampel, Observer, Daily Business Review Michael Vasquez, Observer, Miami Herald * * * * Held at: Department of Economic Opportunity Reempoyment Assistance Appeals The Caldwell Building 107 East Madison Street Tallahassee, Florida Monday, August 17, 2015 8:50 a.m. (Transcribed from an audio recording by Carol H. Kusinitz, Registered Professional Reporter) * * *



3

1 I N D E X

2 WITNESS: EXAMINATION DIRECT CROSS REDIRECT

3

4 Matthew Gore (by H.O. Houser) 98

5 (by Mr. Wilson) 144 (by Ms. Liss-Riordan) 148

6 (by Ms. Taylor) 180

7 Darrin McGillis (by H.O. Houser) 200

8 (by Ms. Liss-Riordan) 249 316 (by Mr. Wilson) 288

9 (by Ms. Taylor) 309

10 Myra Taylor (by H.O. Houser) 320

11 (by Mr. Wilson) 329

12 Matthew Gore (by H.O. Houser) 332

13 (by Mr. Wilson) 333 (by Ms. Liss-Riordan) 334

14

15 * * *

16

17 E X H I B I T S

18 NO. ID. EVD.

19 1 Documents offered by the Florida 95 Department of Revenue

20 2 Documents offered by the Petitioner 95

21 3 Documents offered by the Joined 95 287

22 Party McGillis

23

24 * * * *



4

1 P R O C E E D I N G S

2 HEARING OFFICER HOUSER: All right. We

3 should be on the record. This is Docket No.

4 0026 2825 90-02, along with 0026 2834 68-02 and

5 0026 2850 33-02. I'm Jackson Houser. I'm the

6 Hearing Officer for the hearing.

7 We've been asked to contact several

8 observers. So we're going to contact the first of

9 those, Craig Thomas. 850-245-7123. (Phone ringing)

10 RECORDED PHONE VOICE: Your call cannot be

11 completed as dialed. Please consult your directory

12 and call again or ask your operator for assistance.

13 This is a recording.

14 HEARING OFFICER HOUSER: All right. I'll

15 put it on speakerphone, because this is likely to

16 take a while. Let's try again to contact the first

17 observer. (Phone ringing)

18 MR. THOMAS: Hello.

19 HEARING OFFICER HOUSER: Hi. This is

20 Jackson Houser, Florida Reemployment Assistance

21 Appeals. I am recording. I'm calling Craig Thomas.

22 MR. THOMAS: This is Craig.

23 HEARING OFFICER HOUSER: And, Mr. Thomas,

24 you're going to be an observer for the hearing set



5

1 for today involving Rasier LLC; is that correct?

2 MR. THOMAS: Yes.

3 HEARING OFFICER HOUSER: And that's fine

4 for you to be an observer. We've got a couple of

5 other observers I need to contact, and then we'll

6 contact the parties too.

7 We've got a Celia Ampel from the Daily

8 Business Review, and the number there, 305-347-

9 6672, and I'll just make a note here. If you're an

10 observer, you should hear the phone in a moment.

11 (Phone ringing)

12 MS. AMPEL: Daily Business Review. This is

13 Celia.

14 HEARING OFFICER HOUSER: Hi. This is

15 Jackson Houser with Florida Reemployment Assistance

16 Appeals. I am recording. This is Celia Ampel?

17 MS. AMPEL: Yes. That's me.

18 HEARING OFFICER HOUSER: And, Ms. Ampel,

19 I'm calling in connection with a Reemployment

20 Assistance hearing set for today involving Rasier

21 LLC and three different individuals, joined parties

22 as they're called in this hearing. And, Ms. Ampel,

23 I was advised that you were wanting to observe the

24 hearing today; is that correct?



6

1 MS. AMPEL: Yes.

2 HEARING OFFICER HOUSER: Okay. You are

3 being recorded. That's okay with you?

4 MS. AMPEL: Yes.

5 HEARING OFFICER HOUSER: Okay. And we'll

6 go on. We do have another observer that we need to

7 contact, a Mike Vasquez with the Miami Herald, and

8 I'll give him a call as well.

9 MS. AMPEL: Okay.

10 HEARING OFFICER HOUSER: 305-725-3755.

11 We've got a number of folks that I need to contact

12 for the hearing. So we are getting started just a

13 couple of minutes before the actual scheduled time.

14 That's just to make sure everybody is on the line

15 when I call the actual parties. We should hear that

16 phone ringing in a moment. (Phone ringing)

17 MR. VASQUEZ: This is Mike.

18 HEARING OFFICER HOUSER: Yes, hi. This is


20 Appeals. I am recording. I was calling in

21 connection with a Reemployment Assistance hearing

22 involving Rasier LLC and several joined parties.

23 You are Mike Vasquez; is that correct?

24 MR. VASQUEZ: Yes, with the Miami Herald.



7

1 HEARING OFFICER HOUSER: And I was advised

2 that you were wanting to observe the hearing, sit in

3 on the hearing; is that correct?

4 MR. VASQUEZ: That's correct.

5 HEARING OFFICER HOUSER: Okay. Great. You

6 are being recorded as part of this hearing. Is that

7 okay with you?

8 MR. VASQUEZ: That's totally fine.

9 HEARING OFFICER HOUSER: We do have another

10 observer on the line from another paper, Celia Ampel

11 of Daily Business Review. We've got an observer on

12 the line from the Department as well.

13 Just keep in mind that you're observers,

14 and as such, you're welcome to listen in on the

15 hearing, but you can't disrupt the hearing at all,

16 because if you do, I'll just disconnect you. But I

17 don't think that's going to be a problem.

18 If you do have questions afterwards, I'm

19 not going to be able to take them, but you can

20 contact Jessica Sims, the DEO press secretary. That

21 number -- you probably have it already, but that

22 number is 850-245-7131.

23 And so now we'll see if we can get in touch

24 with the various parties in these cases.



8

1 The first party that I need to try to

2 contact is Melissa Ewers. We've got three different

3 hearings that have been -- three different cases

4 that have been consolidated into one hearing. So

5 we've got three different docket numbers to identify

6 each of those cases. In each case the Petitioner is

7 Rasier LLC, the doing business name of Uber.

8 The joined party, the person who was found

9 to be an employee, the person that the Petitioner is

10 petitioning to find that that Determination is

11 incorrect, the joined parties are Melissa Ewers,

12 Darrin McGillis and Michael Hutton.

13 We've had a lot of documents that have been

14 submitted on behalf of Darrin McGillis. He's

15 actually represented. We have no representative

16 listed for Melissa Ewers, and we haven't actually

17 been able to get in touch with Mr. Hutton recently,

18 but hopefully that will change for the hearing.

19 All right. So we need to contact actually

20 the Petitioner first, Rasier LLC, and we're going to

21 be calling Courtney Wilson, of Littler Mendelson

22 P.C., who is representing the Petitioner in the

23 case. And so the number that we've got for her

24 is -- I know the primary number -- 305-400-7565.



9

1 And what I need to do is just make a few notes in

2 our telephone system to identify who it is I'm

3 calling, so there's usually a pause while I do that,

4 enter the phone number and then give them a call.

5 Let's see if Ms. Wilson is available.

6 (Phone ringing).

7 RECORDED PHONE VOICE: Sorry. Courtney

8 Wilson is not available. Record your message at the

9 tone. When are you finished, hang up or press pound

10 for more options. (Tone)

11 HEARING OFFICER HOUSER: This is Jackson

12 Houser, Florida Reemployment Assistance Appeals. It

13 is 9:01 a.m. on August 17, 2015. I'm calling in

14 connection with the Reemployment Assistance hearing

15 set for today at this time involving Rasier LLC and

16 several joined parties.

17 We'll call back in a few minutes if we

18 haven't otherwise been able to get in touch with

19 you. If you get this message in the next few

20 minutes, our number is 800-332-9341, Extension

21 20314. 800-332-9341, Extension 20314. We'll call

22 back again in a few minutes, as I say, if we haven't

23 otherwise gotten in touch. So long for now.

24 I'll disconnect there. We do have another



10

1 number for the Petitioner's representative, a very

2 similar number. I guess it's the main switchboard

3 number. I'll call that. Perhaps there's a

4 different office or something like that that folks

5 are set up in. Let's see what we get this time.

6 (Phone ringing)

7 WOMAN'S VOICE: Good morning. Littler

8 Mendelson. Deirdre speaking.



11 Appeals. I am recording. I was trying to get in

12 touch with Courtney Wilson. This is in connection

13 with a hearing set for today. Hmm. It looks like

14 they disconnected. Let's try calling back. (Phone

15 ringing)

16 WOMAN'S VOICE: Good morning. Littler


18 HEARING OFFICER HOUSER: Yes, hi. I called

19 just a moment ago and got disconnected.

20 WOMAN'S VOICE: Okay. I'm not sure what --

21 okay. What was your name, sir?

22 HEARING OFFICER HOUSER: My name is Jackson

23 Houser, H-o-u-s-e-r. I'm trying to get in touch

24 with Courtney Wilson. I gave her a call at what I



11

1 thought was a direct number and just had to leave a

2 message. I figured I'd call her here in case there

3 was a different number that I should be in touch

4 with.

5 WOMAN'S VOICE: Is this in regards to a

6 hearing, sir?

7 HEARING OFFICER HOUSER: Yes. A hearing

8 set for today over the phone.

9 WOMAN'S VOICE: And you would like to speak

10 with Courtney Wilson. Do you know what matter it's

11 on?

12 HEARING OFFICER HOUSER: Yes. It's called

13 Rasier LLC, or also it might be known as Uber.

14 WOMAN'S VOICE: Good morning. Is this this

15 morning's hearing? This is Cathy, his assistant.

16 HEARING OFFICER HOUSER: Yes, and I was

17 trying to get in touch with Courtney Wilson.

18 WOMAN'S VOICE: Let me transfer you to

19 where he is. One moment, please.

20 HEARING OFFICER HOUSER: Okay. Great.

21 Mr. Wilson, not Ms. I wasn't sure.

22 Courtney could be either one, I guess. Or it could

23 be someone else.

24 MR. WILSON: Good morning. This is



12

1 Courtney Wilson.



4 Appeals. I am recording this call. This is in


6 set for today involving Rasier LLC. Are you ready

7 to go ahead on behalf of the Petitioner in these

8 matters?

9 MR. WILSON: Yes, we are. And I wanted to

10 bring to your attention that we have a court

11 reporter present with myself and my client

12 representative here in Miami. I had already cleared

13 that with Mr. McGillis's counsel, but I wanted to

14 make sure it was okay with Your Honor.

15 HEARING OFFICER HOUSER: Okay. And that's

16 perfectly fine. Keep in mind that the recording for

17 the hearing that I'm making will be the recording of

18 the evidence testimony, the record, basically, that

19 I'll be using in terms of the evidence. But it's

20 certainly perfectly okay, as far as I'm concerned,

21 to have a court reporter taking everything down.

22 And so, Mr. Wilson, you are being recorded

23 as part of this hearing. Is that okay with you?

24 MR. WILSON: Yes.



13

1 HEARING OFFICER HOUSER: And who else, if

2 anyone, do you have there with -- I'm sorry. Who

3 else is going to be proceeding on behalf of the

4 Petitioner?

5 MR. WILSON: I have with me a client

6 representative and witness, Mr. Matthew Gore,

7 G-o-r-e.

8 HEARING OFFICER HOUSER: Okay. And you're

9 on speakerphone right now?

10 MR. WILSON: Yes.

11 HEARING OFFICER HOUSER: I am too, simply

12 because -- normally I would be using a headset, but

13 the battery seems to be acting up a little bit. So

14 it looks like the whole hearing is going to be on

15 speakerphone.

16 Mr. Gore, you are being recorded as part of

17 this hearing. Is that okay with you?

18 MR. GORE: Yes, it is.

19 HEARING OFFICER HOUSER: All right. Mr.

20 Wilson, is there going to be, as far as you know,

21 any other witness for the Petitioner, other than Mr.

22 Gore?

23 MR. WILSON: No.

24 HEARING OFFICER HOUSER: Okay.



14

1 We sent out a Notice of Hearing for today,

2 three notices, actually, and they went to Rasier

3 LLC, 1455 Market Street, Floor 4, San Francisco,

4 California 94103; and to Littler, Mendelson P.C.,

5 333 Southeast 2nd Avenue, Suite 2700, Miami, Florida

6 33131. Is that information all correct for the

7 Petitioner?

8 MR. WILSON: Yes, it is.

9 HEARING OFFICER HOUSER: Okay. All right.

10 So now we need to move on to other parties, if we

11 can.

12 And I have, actually, a last-minute

13 document that I've just been notified. I'll get to

14 that in a moment.

15 Okay. And so what we're going to do is see

16 if we can contact Melissa Ewers -- I guess it's

17 Ewers. I'm having to guess at a lot of the names

18 and sometimes guess at other things as well. So

19 813-335-0013, and we should hear that phone ringing

20 in a moment. We do have a couple of observers on

21 the line, a few observers on the line as well.

22 Let's see here. All right. So we should

23 hear the phone ringing for Ms. Ewers. (Phone

24 ringing)



15

1 RECORDED PHONE VOICE: Your call has been

2 forwarded to an automatic voice message system.

3 813-335-0013 is not available. At the tone, please

4 record your message. When you have finished

5 recording, you may hang up or press 1 for more

6 options. (Tone)


8 Houser, Florida Reemployment Assistance Appeals. It

9 is 9:09 a.m. on August 17, 2015. I'm calling

10 Melissa Ewers. This is in connection with a

11 Reemployment Assistance Appeals hearing set for

12 today at this time. We sent out a notice of that

13 hearing.

14 We'll call back again in a few minutes, if

15 you might be available, if we haven't otherwise been

16 able to get in touch with you.

17 Our number is 800-332-9341, Extension

18 20314. That's 800-332-9341, Extension 20314.

19 Thanks. So long for now.

20 All right. I'm looking to see if maybe we

21 had another phone number listed. Sometimes you do.

22 No. That looks like it's the only one we've got

23 listed. So we'll call Ms. Ewers back shortly.

24 We'll move on to Darrin McGillis and his



16

1 representative. We actually have two

2 representatives. It's going to be a little

3 unwieldy, but we'll see what we can do.

4 So we're going to contact what we might

5 call the local representative first, Michael Gillman

6 of Sugarman & Susskind. And that number is

7 904-465-3193. Again, we should hear that phone

8 ringing shortly. (Phone ringing)

9 RECORDED PHONE VOICE: The number or code

10 you have dialed is incorrect. Please check the

11 number or code and try again.

12 HEARING OFFICER HOUSER: Try again. (Phone

13 ringing)

14 WOMAN'S VOICE: Good morning. Sugarman &

15 Susskind.



18 Appeals. I am recording. I'm calling Michael

19 Gillman, I think. This is in connection with a

20 hearing set for today involving Rasier LLC and

21 Darrin McGillis.

22 WOMAN'S VOICE: Your name, again, sir?

23 HEARING OFFICER HOUSER: Jackson Houser,

24 H-o-u-s-e-r.



17

1 WOMAN'S VOICE: Give me one moment to

2 transfer you.

3 HEARING OFFICER HOUSER: All right.

4 Thanks.

5 WOMAN'S VOICE: You're welcome.

6 MR. WARMAN: Hi. This is Noah Warman.





11 set for today, Rasier LLC and Darrin McGillis, among

12 others. And, Mr. Warman, are you going to be

13 proceeding on behalf of Mr. McGillis?

14 MR. WARMAN: Well, we were told earlier by

15 another person that only one attorney could appear.

16 The primary attorney is Ms. Liss-Riordan up in

17 Boston. If there's only one person to be the

18 advocate speaking and questioning, she'll be it.

19 With me I do have Mr. Gillman, my

20 associate, and I have, of course, Darrin, the

21 Claimant, here.

22 HEARING OFFICER HOUSER: Okay, great.

23 Well, depending on what you mean by "appear," you

24 may or may not have been informed properly. If by



18

1 "appear" you mean be on the line and listen in and

2 consult when witnesses are testifying or consult

3 with other counsel, you can certainly appear in that

4 sense. In terms of questioning --

5 MR. WARMAN: I meant in the sense of

6 questioning witnesses. We were told one attorney

7 could handle all questioning.

8 HEARING OFFICER HOUSER: Yes. Generally

9 that would be the case --

10 MR. WARMAN: In that --

11 HEARING OFFICER HOUSER: -- that we would

12 want to have one primary counsel.

13 MR. WARMAN: I'm sorry. I didn't mean to

14 talk over you. I apologize.

15 In that case, in the interests of

16 efficiency, then it would be Ms. Liss-Riordan.

17 We're local counsel for her.

18 HEARING OFFICER HOUSER: Okay. And we'll

19 give her a call in just a moment. Mr. Warman, you

20 are being recorded as part of this hearing. Is that

21 okay with you?

22 MR. WARMAN: Yes, ma'am.

23 HEARING OFFICER HOUSER: Okay. It's

24 actually sir, but sometimes it's hard to tell over



19

1 the phone.

2 MR. WARMAN: I apologize. I am so sorry.

3 HEARING OFFICER HOUSER: It's quite all

4 right. It's a common mistake. Too common. I

5 guess I should -- never mind.

6 Mr. McGillis, can you hear me okay?

7 MR. McGILLIS: I can hear you perfect.

8 Thank you so much.

9 HEARING OFFICER HOUSER: You are being

10 recorded as far as this hearing. Is that all right

11 with you?

12 MR. McGILLIS: That is fine.

13 HEARING OFFICER HOUSER: Okay. And, Mr.

14 Gillman, just so you'll know, you are being recorded

15 as far as this hearing. So if you say anything, you

16 will be recorded. I hope that's all right with you.

17 MR. GILLMAN: No problem.

18 HEARING OFFICER HOUSER: So let me identify

19 who we have on the line right now. We have some

20 observers on the line, reporters and someone from

21 DEO.

22 We have Mr. Courtney Wilson on the line.

23 We have Matthew Gore, who's going to be a witness

24 for the Petitioner on the line. We attempted to



20

1 contact Melissa Ewers, one of the other joined

2 parties in this consolidated case, and we'll be

3 calling her back in just a moment.

4 Let's call Ms. Riordan or Ms. Liss-Riordan.

5 I've got a number 617-994-5803. Would that be the

6 number, Mr. Warman?

7 MR. WARMAN: I am checking right now. I

8 believe so. I just want to double check.

9 994-5803, Area Code 617?

10 HEARING OFFICER HOUSER: Okay. Great. We

11 are literally on the same page. All right.

12 MR. WILSON: Did we lose you?

13 HEARING OFFICER HOUSER: No, I'm sorry.

14 Our phone system just identifies who these folks

15 are, and then the phone system calls. So sometimes

16 there is a pause. I try not to make it too long,

17 but unfortunately sometimes there are some pauses

18 where there's not much going on.

19 MR. WILSON: But it definitely goes quiet.

20 HEARING OFFICER HOUSER: Well, actually,

21 that's good there's not a lot of noise on the line,

22 but it's not so good if you don't know if you've

23 lost me.

24 So let's see. We should hear that phone



21

1 ring in a moment. (Phone ringing)

2 MS. LISS-RIORDAN: Hello. This is Shannon

3 Liss-Riordan.




7 connection with the Reemployment Assistance hearing

8 Rasier LLC and Darrin McGillis. And, Ms.

9 Liss-Riordan, I was advised by Noah Warman, who is

10 on the line, that you would be the primary counsel

11 for Mr. McGillis in this matter. Is that correct?

12 MS. LISS-RIORDAN: Yes, that is correct.

13 HEARING OFFICER HOUSER: Okay. And you are

14 being recorded as part of this hearing. Is that

15 okay with you?

16 MS. LISS-RIORDAN: Yes.

17 HEARING OFFICER HOUSER: We did receive the

18 Notice of Appearance. Just moments ago I received

19 another document. I may have to run out and get

20 that, just to make sure I know what that is.

21 All right. And so we have several folks on

22 the line as well. Rather than spend a lot of time

23 repeatedly identifying everybody, I'll do that once

24 we've gone through the rest of the contacts, if we



22

1 can.

2 We need to see if we can get in touch with

3 Michael Hutton, another joined party in this matter.

4 We've got actually two numbers for him, an old

5 number that may not be in service at all and then a

6 somewhat newer number. So 904-465-3193. I'm just

7 trying to get the phone system so it contacts

8 everyone. One moment. Ah, come on. I'm trying to

9 type and do two things at once. It doesn't

10 necessarily work as well as I would hope.

11 RECORDED PHONE VOICE: The number or code

12 you have dialed is incorrect. Please check the

13 number or code and try again.

14 HEARING OFFICER HOUSER: Let's try an

15 updated number. I just looked, and we do have an

16 updated number for Mr. Hutton at 904-769-6417. We

17 want to make sure we give each of the parties a

18 reasonable opportunity to be available for the

19 hearing. "Reasonable" doesn't mean unlimited, but

20 we certainly want to give everybody a reasonable

21 opportunity to be here.

22 All right. Let's see what we get for this

23 new number. (Phone ringing)

24 MR. HUTTON: Mike Hutton.



23




4 connection with the Reemployment Assistance Appeals

5 hearing set for today. We sent out a notice of that

6 hearing involving Rasier LLC, or Uber. And, Mr.

7 Hutton, are you ready to go ahead with that hearing?

8 MR. HUTTON: Yeah. I'm ready, whatever

9 needs to be done.

10 HEARING OFFICER HOUSER: Okay. You are

11 being recorded as part of this hearing. Is that

12 okay with you?

13 MR. HUTTON: Yes. It's part of the legal

14 process.

15 HEARING OFFICER HOUSER: And did you

16 receive the Notice of Hearing for today?

17 MR. HUTTON: Yes, ma'am.

18 HEARING OFFICER HOUSER: Okay. The address

19 that we're listing for you, Mr. Hutton, 5431

20 Northwest, CR -- I guess County Road? -- 125 in

21 Lawtey, Florida 32058. Is that a correct address

22 for you?

23 MR. HUTTON: Yes, that's me. Thank you.

24 HEARING OFFICER HOUSER: We had one number



24

1 in the file for you. That didn't work, but

2 fortunately we have a later number that did.

3 So we've got a number of other folks on the

4 line right now, and I'll be identifying them more

5 particularly once we get everybody on the line as

6 far as we can.

7 For right now, I'm going to see who it is

8 that is going to be proceeding on behalf of the

9 Department, the Department of Revenue. We've got a

10 couple of different possibilities.

11 What I'm going to do is contact the

12 attorney or counsel for the Department of Revenue

13 who sent in the most recent document on their

14 behalf, recent formal request for anything, a

15 withdrawal of the Request to Postpone, and hopefully

16 he'll be able to tell me if he's going to be

17 representing them or somebody else. 850-617-8347,

18 and that's Eric Russell Peate. There are a couple

19 of other names that we might need to contact, but --

20 let's see if this one works. (Phone ringing)

21 WOMAN'S VOICE: Office of the General

22 Counsel.





25


2 connection with the Reemployment Assistance hearing,

3 Rasier LLC and several joined parties. I wasn't

4 actually sure who I needed to contact, but Mr.

5 Peate, Eric Russell Peate, had sent in a notice in

6 connection with this case not long ago. I was

7 checking to see if he was going to be representing

8 the Department, or perhaps someone else?

9 WOMAN'S VOICE: That, I do not know. You

10 said you received what from him?

11 HEARING OFFICER HOUSER: This is in a case

12 involving Uber and some joined parties.

13 WOMAN'S VOICE: You said that you received

14 something from Eric?

15 HEARING OFFICER HOUSER: Yes, exactly.

16 There had been a Request for a Continuance, and he

17 sent in a withdrawal of that request, and I wasn't

18 sure if he meant that as a Notice of Appearance or

19 simply just --

20 WOMAN'S VOICE: Did you have a telephonic

21 hearing set up with him this morning?

22 HEARING OFFICER HOUSER: We have a

23 telephonic hearing set up with the Department of

24 Revenue, but I wasn't sure which of the several



26

1 possibilities I needed to contact.

2 WOMAN'S VOICE: What time was it?

3 HEARING OFFICER HOUSER: 9:00.

4 WOMAN'S VOICE: Okay.

5 HEARING OFFICER HOUSER: But it doesn't

6 sound real familiar to you, which is fine.

7 WOMAN'S VOICE: I do not know. The thing

8 is, he's away from the office at this moment. I do

9 believe that he's gone somewhere in reference

10 to -- I don't know if it's your hearing in

11 particular -- in reference to a hearing to do over

12 the phone.

13 HEARING OFFICER HOUSER: Okay. Great. So,

14 yes, I have a good idea of where he might actually

15 be, then. So I'll call that other number. It's one

16 of the other numbers I've got.

17 So if you would, please make a note, in

18 case somebody needs to call our office. They may be

19 worried already; it's is 9:25 already. But our

20 number is 800-332-9341, Extension 20314. That would

21 be the number for Shanedra Barnes over in the

22 Special Deputy Office of DEO.

23 MR. WARMAN: If I may, this Noah Warman.

24 We had an e-mail or a phone exchange with a Maricruz



27

1 Spencer, who is an attorney for the Department, and

2 she indicated that Myra Taylor would be representing

3 the Department.

4 WOMAN'S VOICE: The last name is, just for

5 notation, F-i-n-c-h-e-r.

6 HEARING OFFICER HOUSER: Right. Maricruz

7 Fincher. Well, at any rate, I've got another number

8 to call, at least another number to call, and we'll

9 give a call for that number. Anyway, I just wanted

10 to double-check.

11 WOMAN'S VOICE: Okay. If anyone calls in

12 reference to getting in contact, I'll give them this

13 number, 800-322-9341, Extension 20314.

14 HEARING OFFICER HOUSER: I'm sorry. It's

15 800-332-9341.

16 WOMAN'S VOICE: Right.


18 Well, thanks very much. So long.

19 WOMAN'S VOICE: You're welcome. Bye-bye.

20 HEARING OFFICER HOUSER: All right. So

21 let's see. 850-717-6403 is a common number. That's

22 a conference room, and so it wouldn't be unusual for

23 that to be the case. Let's see what happens when I

24 call that number. (Phone ringing).



28

1 MS. TAYLOR: Florida Department of Revenue.

2 This is Myra Taylor.



5 Appeals. I am recording. I'm calling in connection

6 with a Reemployment Assistance hearing set for today

7 involving Rasier LLC and three different joined

8 parties. And, Ms. Taylor, are you going to be

9 proceeding on behalf of the Department in this

10 matter?

11 MS. TAYLOR: Yes, sir.

12 HEARING OFFICER HOUSER: Okay. We're

13 trying to get a number of folks on the line, and so

14 that is taking a little bit of time. I appreciate

15 your patience.

16 Ms. Taylor, are you going to be testifying

17 in this matter?


19 HEARING OFFICER HOUSER: In case I didn't

20 ask, you are being recorded. Is that okay with you?


22 HEARING OFFICER HOUSER: Okay. And is

23 there going to be any other witness for the

24 Department other than yourself?



29

1 MS. TAYLOR: No, sir.


3 We have a number of folks who are on the line

4 listening in or as participants. I'll identify

5 everybody.

6 We have a message from Melissa Ewers that

7 she is now available. So we'll give her a call.

8 813-335-0013, and we should be hearing the phone

9 ringing in a moment. (Phone ringing)

10 MS. EWERS: Hello.



13 Appeals. I am recording, calling Melissa Ewers.

14 MS. EWERS: Yes. This is she.

15 HEARING OFFICER HOUSER: I was calling in

16 connection with an Employment Assistance appeals

17 hearing set for today. Are you ready to go ahead

18 with that hearing?

19 MS. EWERS: Yes. I can't hear you too

20 well, but I think you said that you want to start

21 the hearing, correct?

22 HEARING OFFICER HOUSER: Yes. We are

23 getting a little bit of background noise from

24 somewhere. We've got a number of folks on the line.



30

1 I just got a message, Ms. Ewers, that there is an

2 alternate number to contact you. Would you prefer

3 that I contact you at that other number?

4 MS. EWERS: No, that's okay. I just didn't

5 hear when you first called. It went right to voice

6 mail. So I was just concerned. But we're okay now.

7 HEARING OFFICER HOUSER: Okay. That's fine.

8 Now, let's see if everybody can hear,

9 because we've got a number of folks on the line.

10 My name is Jackson Houser, as I've

11 identified myself several times, with the Department

12 of Economic Opportunity, Reemployment Assistance

13 Appeals. We have three consolidated hearings for

14 today. Docket No. 0026 2825 90-02, that's Rasier

15 LLC, and the joined party is Melissa Ewers. We have

16 0026 2834 68-02, Rasier LLC, with the joined party

17 Darrin McGillis. And we have 0026 2850 33-02,

18 Rasier LLC. The joined party Michael Hutton.

19 We have all of the parties on the line, the

20 Petitioner, each of the joined parties and the

21 Respondent.

22 Now, there are some observers listening

23 into the hearing, newspaper reporters and the DEO

24 observer. And then we have on the line for the



31

1 Petitioner, representing the Petitioner, is Mr.

2 Courtney Wilson, and there's a witness for the

3 Petitioner, Matthew Gore.

4 Mr. Wilson, are you able to hear all of the

5 parties, the joined parties and Ms. Taylor?

6 MR. WILSON: Yes, I am, Your Honor. The

7 only thing I would note is that occasionally it

8 appears somebody is typing on a keyboard that is

9 causing a lot of interference, and if perhaps

10 whoever it is could move that a little further away

11 from the speakerphone, it would probably help

12 everyone.


14 Occasionally I'm typing or had been typing on the

15 keyboard. I hope that wasn't the problem. I didn't

16 think it was that loud. If there is anybody else,

17 then just take that into account. I think I'm

18 pretty much done with typing now.

19 All right. So we have Ms. Ewers on the

20 line. We have on the line for the joined party

21 Darrin McGillis -- we have Mr. McGillis on the

22 line -- we have Shannon Liss-Riordan on the line.

23 And, Ms. Liss-Riordan, are you able to hear Mr.

24 Wilson and the other folks participating in the



32

1 hearing?

2 MS. LISS-RIORDAN: Yes. I can hear

3 everyone. And I just want to note for everyone,

4 there are two other people in my office listening

5 in, Adelaide Pagano and Anne Kramer.

6 HEARING OFFICER HOUSER: Okay. These are

7 public hearings, and so as long as there's no

8 disruption or interference by any of the observers,

9 then it's not a problem.

10 If there is some interference with any of

11 the observers, then at least on those where we have

12 a separate line, we can just put them on mute or

13 something like that.

14 Okay. And we have Noah Warman on the line,

15 Michael Gillman on the line as part of the overall

16 representation of Mr. McGillis.

17 We have Michael Hutton on the line, a

18 joined party. Mr. Hutton, have you been able to

19 hear everybody so far? Hmm, I hope we haven't lost

20 him. Mr. Hutton?

21 MR. HUTTON: Michael Hutton is here. I'm

22 on the phone with another -- I'm doing other stuff.


24 MR. HUTTON: I'm almost -- give me one



33

1 second. I have it on mute.

2 HEARING OFFICER HOUSER: Okay. So from

3 time to time, you may have to pick up so you can

4 respond to questions or ask questions, that sort of

5 thing.

6 And, Ms. Taylor, have you been able to hear

7 everybody?


9 HEARING OFFICER HOUSER: Okay. So I've

10 identified the docket numbers in this case. It is,

11 as I say, a consolidated hearing, three hearings all

12 together, because it's the same Petitioner and what

13 looks like a very similar fact situation, not

14 exactly identical but very similar.

15 The issue in each case is whether services

16 performed for the Petitioner by the joined party

17 constitute employment pursuant to the sections

18 listed of the Florida statute.

19 So for the hearing today I'm going to place

20 each of the witnesses -- that will be Mr. Gore, Ms.

21 Ewers, Mr. McGillis, Mr. Hutton, Ms. Taylor -- place

22 each of those witnesses under oath. I'll then

23 identify documents that are in the various files.

24 One of the documents, the one involving Mr.



34

1 McGillis, has very, very extensive documentation.

2 So I'll leave that to last right at the moment. The

3 other two of the cases have what I'll -- a fair

4 amount of documentation, but nowhere near as much as

5 in Mr. McGillis's case. But I'll identify the

6 various documents that we've got, and then I'll

7 begin taking testimony.

8 In each case, what I'm going to do is ask

9 questions of whatever witness is going to be

10 testifying. We'll start with Mr. Gore and go on to

11 the various other witnesses, working our way

12 through, basically in docket number order, and wind

13 up with Ms. Taylor. And if there's any other

14 rebuttal evidence that needs to be presented, the

15 parties will have an opportunity to present that.

16 So I'll ask my questions of each of the

17 witnesses. Each of the other parties -- well, each

18 of the parties will have a chance to ask further

19 questions on direct examination. They'll be able to

20 ask questions of their own witness. And then each

21 of the other parties will be able to cross-examine

22 the witness in turn.

23 Once we've finished with all of the

24 testimony, there will be an opportunity for the



35

1 parties to give a brief closing statement in the

2 hearing. Closing statement is not testimony, it's

3 not evidence, but it is a chance to make a brief

4 initial statement as to how you think the ultimate

5 decision should come out.

6 Now, after the hearing, I'll be preparing a

7 recommended order. Technically what I issue after

8 this sort of administrative hearing is a

9 recommendation to the Department Director or

10 Director's designate, setting out findings of fact

11 and conclusions of law and setting out a

12 recommendation as to how I think the evidence and

13 the law should lead the Department to proceed with

14 respect to the Determination, either uphold the

15 Determination, reverse the Determination, or modify

16 it in some way.

17 Before I actually issue the recommended

18 order, there is a period during which, 15 days after

19 the hearing, during which the parties can submit

20 proposed findings of fact and conclusions of law for

21 me to consider, include, if appropriate, in my

22 recommended order. Now, the parties are not

23 required to send in any sort of proposed findings of

24 fact or conclusions, but they do have that



36

1 opportunity.

2 So I'm not going to be issuing any sort of

3 decision or recommendation immediately after the

4 hearing today. That will be at least a couple of

5 weeks. In the meantime, the parties can send in

6 information as to what findings of fact they think I

7 ought to make, given the evidence, and what

8 conclusions I should draw from that.

9 Just keep in mind that, if you do send in

10 any sort of proposed findings or conclusions, that

11 you should send those to all of the other parties in

12 the case as well so that everybody has the same sort

13 of documentation.

14 At the appropriate time, then, I'll issue

15 my recommended order, and if there is any

16 disagreement with my recommended order, the parties

17 can file -- any party that disagrees with the

18 recommended order can file exceptions with the

19 Director. There are certain formalities as to how

20 those exceptions need to be formatted, but they can

21 be submitted to the Director. There's information

22 on the recommended order about that.

23 There are certain time limits there as

24 well, the 15 days for any exceptions. If there are



37

1 exceptions, the other parties can file counter-

2 exceptions. They have 10 days for that. And then

3 there's allowed a brief in opposition to the

4 counter-exception and 10 days each for those things.

5 Again, there are certain format

6 requirements and so on. You can contact our office

7 if necessary if there's a problem with those

8 requirements. But that's getting a little bit

9 further down the road from the hearing today.

10 In any event, once all of the time periods

11 have elapsed, the parties have had their opportunity

12 to send in further statements, the Department will

13 issue a final order. That final order is the -- is

14 in fact the order of the Department, and if a party

15 disagrees with that final order, then the party can

16 file an appeal to the regular Appellate Court

17 system, to the District Court of Appeals in the

18 appropriate location, and then, of course, they'll

19 take it from there.

20 So that's a brief overview of the hearing

21 process.

22 Mr. Wilson, did you have any questions

23 about the procedure for the hearing today?

24 MR. WILSON: No. Thank you.



38

1 HEARING OFFICER HOUSER: Ms. Ewers, did you

2 have any questions about the procedures?

3 MS. EWERS: No, I didn't.

4 HEARING OFFICER HOUSER: And Ms.

5 Liss-Riordan -- by the way, if you prefer the full

6 hyphenated form, that's fine, but if "Riordan" is

7 okay, I'll use that, simply because it's shorter,

8 whichever you would prefer.

9 MS. LISS-RIORDAN: It doesn't matter to me

10 that much, but I do go by Liss-Riordan.

11 HEARING OFFICER HOUSER: Okay. Well,

12 that's the one we'll use.

13 Ms. Liss-Riordan, do you have any questions

14 about the procedures?

15 MS. LISS-RIORDAN: No. No, I don't. Thank

16 you.

17 HEARING OFFICER HOUSER: Mr. Hutton, any

18 questions about the procedures?

19 MR. HUTTON: No.

20 HEARING OFFICER HOUSER: Ms. Taylor, any

21 questions about the procedures?


23 HEARING OFFICER HOUSER: Okay. I think

24 I've gotten everybody.



39

1 All right. So Mr. Wilson has already

2 verified the addresses on the Notice of Hearing for

3 Rasier LLC and for the Petitioner representative,

4 Littler Mendelson, P.C., and the address in Miami

5 for him.

6 Mr. Gore, I'm going to place you under

7 oath. Do you swear or affirm, under penalties of

8 perjury, that the testimony you're about to give in

9 this hearing is the truth, the whole truth and

10 nothing but the truth?

11 MR. GORE: I do.

12 HEARING OFFICER HOUSER: State your name.

13 Spell your name for the record.

14 MR. GORE: Matthew Gore. M-a-t-t-h-e-w

15 G-o-r-e.

16 HEARING OFFICER HOUSER: And, Mr. Gore,

17 what is your connection with the Petitioner in this

18 case, Rasier LLC?

19 MR. GORE: I'm the general manager for Uber

20 Florida.

21 HEARING OFFICER HOUSER: Okay. And are you

22 an employee of Uber Florida?

23 MR. GORE: I am an employee of Uber

24 Technologies, Incorporated, but -- Uber Florida



40

1 isn't its own company. Perhaps for marketing

2 purposes sometimes it's stated that way.


4 And, Ms. Ewers, I'll place you under oath

5 next. Do you swear or affirm, under penalties of

6 perjury, that the testimony you're about to give in

7 this hearing is the truth, the whole truth and


9 MS. EWERS: Yes, as I understand that.

10 Yes.

11 HEARING OFFICER HOUSER: All right. State

12 your name. Spell your name for the record.

13 MS. EWERS: Melissa Ewers, and the last

14 name -- well, M-e-l-i-s-s-a, and the last name is

15 E-w-e-r-s.

16 HEARING OFFICER HOUSER: Okay. And then

17 just because you seemed perhaps a little unsure

18 about the oath, I just want to make sure that you're

19 aware, because this is a legal proceeding. It's

20 considered informal by a lot of legal standards,

21 partly because people are able to appear by phone,

22 partly because some of the other procedures are

23 relaxed related to, you know, having to go down to

24 the courthouse downtown and appear in trial in the



41

1 Circuit Court, something like that. But it is a

2 legal proceeding.

3 And so when I place you under oath, what

4 you're basically saying is that you understand that

5 you're testifying under penalties of perjury that

6 you are in fact going to tell the truth in this case

7 and that you can actually be punished if you don't

8 tell the truth. And so I just want to make sure, is

9 that in fact your understanding of the oath that you

10 just took?

11 MS. EWERS: Yes. Yes. I'm just not sure

12 why I'm on the line for this. But, yes, whatever I

13 say that you ask, it will be what I'm aware of. It

14 will be the truth, yes.

15 HEARING OFFICER HOUSER: Right. Okay. And

16 actually, given what you've just now said, I'll come

17 back to that in a second, because it may be that

18 sometimes there are ways to resolve these cases that

19 don't involve the full formal hearing. And of

20 course I don't want to unduly burden anybody with

21 being on the line in a hearing where there really

22 isn't any dispute. But I'll come back to that in a

23 moment.

24 Mr. McGillis, I'll place you under oath.



42

1 Do you swear or affirm, under penalties of perjury,

2 that the testimony you're about to give in this

3 hearing is the truth, the whole truth and nothing

4 but the truth?

5 MR. McGILLIS: Yes, I do.

6 HEARING OFFICER HOUSER: State your name.

7 Spell your name for the record.

8 MR. McGILLIS: Darrin McGillis.

9 D-a-r-r-i-n. McGillis, M-c-G-i-l-l-i-s.

10 HEARING OFFICER HOUSER: All right. The

11 Notice of Hearing that we sent to you shows an

12 address of 22205 Southwest 103rd Avenue, Cutler Bay,

13 Florida 33190. Is that a correct address for you?

14 MR. McGILLIS: Yes, sir.

15 HEARING OFFICER HOUSER: Mr. Warman, on the

16 Notice of Hearing, we sent out a notice to Sugarman

17 & Susskind -- actually listed attention Michael

18 Gillman simply, I guess, because his name was on

19 some of documents -- 100 Miracle Mile, Suite 300,

20 Coral Gables, Florida 33134. Is that a correct

21 address for the firm?

22 MR. WARMAN: That is correct.

23 HEARING OFFICER HOUSER: All right. And,

24 Ms. Liss-Riordan, it looks like we're showing, from



43

1 your Notice of Appearance, that for notices from

2 here on out, we should also send them to Lichten &

3 Liss-Riordan, P.C., 729 Boylston Street, Suite 2000,

4 Boston, Massachusetts 02116. Is that correct?

5 MS. LISS-RIORDAN: Yes, that's correct.

6 HEARING OFFICER HOUSER: Okay. Great. All

7 right.

8 And let's see. Mr. Hutton, I'll place you

9 under oath. Do you swear or affirm, under penalties

10 of perjury, that the testimony you're about to give

11 in this hearing is the truth, the whole truth and


13 MR. HUTTON: Yes, I agree.

14 HEARING OFFICER HOUSER: State your name

15 and spell your name for the record.

16 MR. HUTTON: It's Michael Hutton.

17 M-i-c-h-a-e-l. Last name is H-u-t-t-o-n.

18 HEARING OFFICER HOUSER: All right. And I

19 think we've confirmed your address already. 5431

20 Northwest CR 125 in Lawtey, Florida 32058? That's

21 a correct address for you?

22 MR. HUTTON: Yes, ma'am.

23 HEARING OFFICER HOUSER: Okay. It's

24 actually sir, but sometimes it doesn't come through



44

1 real clearly over the phone. Others have made that

2 mistake as well.

3 All right. And, Ms. Taylor, I'll place you

4 under oath. Do you swear or affirm, under penalties

5 of perjury, that the testimony you're about to give

6 in this hearing is the truth, the whole truth and


8 MS. TAYLOR: Yes, sir, I do.

9 HEARING OFFICER HOUSER: State your name

10 and spell your name for the record.

11 MS. TAYLOR: My name is Myra Taylor.

12 M-y-r-a T-a-y-l-o-r.

13 HEARING OFFICER HOUSER: And, Ms. Taylor,

14 who is your employer?

15 MS. TAYLOR: The Florida Department of

16 Revenue.

17 HEARING OFFICER HOUSER: And your position?

18 MS. TAYLOR: I'm a tax auditor/supervisor

19 in Campaigns with our Central Service Center.

20 HEARING OFFICER HOUSER: Okay. And we sent

21 out Notices of Hearing to the Respondent. We have

22 an abbreviated notice, abbreviated address to the

23 Department of Economic Opportunity. We have other

24 addresses: one to Drenea York in Marianna, Florida,



45

1 4230 Lafayette Street, Suite D, in Marianna; another

2 to Dianne Ayers, Florida Department of Revenue, PO

3 Box 6417, Tallahassee, Florida 32314. Are those

4 addresses correct?


6 HEARING OFFICER HOUSER: Is there some

7 further address that we should send a notice to so

8 that it gets to you, or is sending it to those

9 addresses sufficient?

10 MS. TAYLOR: Those addresses are

11 sufficient. Dianne Ayers is one of my workers, as

12 well as -- Drenea York is our protest coordinator.

13 She arranges for all the documents to be certified

14 and things of that nature. But I'm at the same

15 address as Ms. Ayers.

16 HEARING OFFICER HOUSER: Okay. Now, I just

17 wanted to clarify, because there are some documents

18 in the file relating to potential other

19 representatives for the Department.

20 We have -- there was a Notice of Appearance

21 by a Maricruz Fincher. She also requested a

22 continuance. And then Eric Russell Peate withdrew

23 the Request for a Continuance for the hearing today.

24 And I just wanted to make sure either one of them --



46

1 should either one of them have been contacted to

2 participate in the hearing for today?

3 MS. TAYLOR: No, sir. They were

4 unavailable to attend or represent the hearing. So

5 I took it.


7 Great. All right. So we'll proceed, then.

8 Now, coming back to you, Ms. Ewers, the

9 Notice of Hearing that we sent to you shows an

10 address 8307 Anglers Pointe Drive, Temple Terrace,

11 Florida 33637. Is that a correct address for you?

12 MS. EWERS: Yes, it is.

13 HEARING OFFICER HOUSER: Now, you said you

14 weren't sure why you were listed as someone who

15 needed to participate in the hearing for today. And

16 so let me just say a few words about that and see if

17 we really need to include you. I presume we do,

18 which is why we sent you the notice, and you're

19 treated as a regular party.

20 But what happened was, presumably -- not

21 presumably, you did file -- you filed a claim for

22 Reemployment Assistance benefit, and as part of that

23 claim, the work that you did with Uber, Rasier LLC,

24 came up. And the Department investigated and issued



47

1 a Determination basically saying that, in your work

2 with Uber, you were an employee and not an

3 independent contractor.

4 Now, as a result, then, the amounts that

5 Uber paid you during the base period would be

6 considered wages and not some other kind of payment,

7 and that would have an effect on your Reemployment

8 Assistance benefits or perhaps whether you could

9 even get any Reemployment Assistance benefit.

10 All of that depends on whether or not you

11 were an independent contractor or an employee. If

12 you were an independent contractor, then the amount

13 that Uber paid you would not be considered wages,

14 and they wouldn't be used in figuring whatever

15 Reemployment Assistance benefit you got. That's in

16 fact its position, that that's what the situation

17 was.

18 But of course you don't have to agree with

19 that. If you think that you were an employee, then

20 we'll go ahead with the hearing, we'll get evidence,

21 and eventually a decision will be made about whether

22 that Determination that you were in fact an employee

23 was the correct Determination or not.

24 That's why you're here, so that you can



48

1 give testimony, so that you can ask questions of

2 other witnesses and give testimony yourself so that

3 a decision can be made about you and others that are

4 more or less similarly situated.

5 Given all of that, are you still wanting to

6 go forward with the hearing and participate?

7 MS. EWERS: Yes. Really I was asked to

8 submit a 1099, so I did. Myra's explanation, I felt

9 that was an independent contractor. And I got all

10 this other stuff in the mail. So I just submitted

11 what I thought was required for -- I wasn't really

12 expecting any payments from Uber. I had another

13 position, and I've been working since June 8 full

14 time.

15 So that's been submitted. So it was

16 probably like two or three weeks of unemployment. I

17 just submitted a 1099 because I thought I had to,

18 but it was never an issue for me whether or not I

19 was an employee or an independent contractor.

20 So I'm actually at work now, and I'm not --

21 I've been working for three months at another

22 position.

23 HEARING OFFICER HOUSER: All right. So

24 we've got a couple of possibilities here, and I just



49

1 need to advise you of those, and you'll need to make

2 a decision as to what you want to do.

3 Now, what we could do is, you know, you can

4 just continue on -- you know, proceed on in the

5 hearing like we've got you set up, but given what

6 you've said about being at work, that may be the

7 least attractive of your options.

8 You could -- if you wanted to, you could

9 request a continuance of the case. What we would do

10 is sever your case from the others and then, you

11 know, come back to you at a later date and get

12 evidence from you. That's another possibility.

13 A third possibility is that you could just

14 say, you know, "Go ahead, make whatever decision

15 you're going to make, but I'm not going to

16 participate in the hearing." And then you'd just go

17 ahead, hang up, and we'll proceed on, and I'll make

18 a decision based on other evidence in the case, but

19 not without -- but without your input as to that.

20 So those are the possibilities.

21 MS. EWERS: I'm just participating because

22 I was asked to, but that would be best, if you could

23 just make a decision and leave it at that.




50

1 So just so that you'll know, the ultimate outcome of

2 the case, based on the other evidence but not from

3 you, the ultimate outcome of the case might be that

4 I would wind up finding or recommending that you be

5 considered an employee of Rasier LLC or Uber, or it

6 might be that I recommend that you be considered an

7 independent contractor, given the evidence, and, you

8 know, the ultimate decision in the case would depend

9 on the overall evidence. As long as you're aware

10 that there are both of those possibilities --

11 MS. EWERS: Uh-huh.

12 HEARING OFFICER HOUSER: -- then that's

13 fine. Do you understand all of that?

14 MS. EWERS: Yes, I do. Whatever you choose

15 is fine.

16 HEARING OFFICER HOUSER: Okay. So just so

17 you'll know, and then we'll let you go -- and good

18 luck with your job, obviously -- we'll go ahead and

19 let you know, and we'll be sending you notices of

20 the various items that are sent out in the case,

21 just so that you'll be aware of what's going on.

22 So, you know, you'll get more paperwork

23 from time to time in the mail. And, you know, you

24 can look it over, handle it basically how you want



51

1 to, and an ultimate decision will be made, okay?

2 MS. EWERS: Okay. I appreciate it. Thank

3 you.

4 HEARING OFFICER HOUSER: All right. So if

5 you go ahead -- I'm not going to disconnect you, but

6 if you go ahead and hang up, I won't call you back.

7 MS. EWERS: Okay. Bye-bye.

8 HEARING OFFICER HOUSER: All right. Bye.

9 Okay. Now, so Ms. Ewers has disconnected,

10 so we're going to be proceeding with fewer

11 individuals, and so I'm not needing to identify the

12 documents in the file in Ms. Ewers' case, because --

13 well, actually, I will identify them anyway, just to

14 make sure for completeness sake, because we will be

15 ultimately issuing a recommended order. But Ms.

16 Ewers isn't going to be giving testimony or

17 cross-examining any witnesses in this matter.

18 One moment.

19 And so then, unless there is some other

20 preliminary issue, then we'll proceed on to

21 identifying the documents in the case.

22 All right. So in the case of the primary

23 case -- primary only because it's the lowest docket

24 number, Ms. Ewers' case, 0026 2825 90-02. So the



52

1 recording of this hearing is actually going to be

2 indexed under that number, and that will be

3 considered the primary case of the three.

4 All right. So in that file you've got

5 certain documents from the Department of Revenue.

6 There is a cover letter dated June 15 of 2015

7 identifying the case. There's a certification that

8 38 pages from the files of the Florida Department of

9 Revenue were submitted.

10 We have a document indicating that the

11 documents are the best photocopies available.

12 There's a memorandum identifying parties. There's a

13 protest acknowledgement letter dated June 9 of 2015,

14 indicating that -- it was directed to Rasier LLC,

15 protest letter dated June 3, 2015, indicating they

16 wished to appeal our Determination effective May 20

17 of 2015 for timely appeal, and a copy of that letter

18 with respect to Ms. Ewers, dated June 3 of 2015.

19 There's an Employee Determination Notice

20 I'll read just a bit from. It says, "The Claimant

21 referenced above," referring to Ms. Ewers, "has

22 filed a claim for Reemployment Assistance benefits.

23 We have reviewed the information submitted and

24 determined that the Claimant performing services as



53

1 a driver was your employee. This Determination is

2 retroactive to January 1, 2014, and affects the

3 quarters between January 1, 2014, and June 30,

4 2015." So they've declared the first through the

5 fourth quarters of 2014, all four quarters of 2014,

6 the first two quarters of 2015.

7 We have an Information Request. There's a

8 document that -- a cover sheet, Exhibit A, which is

9 a letter from the Department of Revenue, directed to

10 the Petitioner, and -- I guess it's a copy of the

11 same letter, the May 20 Determination.

12 We've got a document that's headed

13 "Uber" -- it shows the Uber logo -- "Software

14 License and Online Services Agreement." It starts

15 off, "This agreement constitutes a legal agreement

16 between you, Transportation Company, or you, and

17 Uber Technologies Incorporated, a Delaware

18 corporation, Uber or the vendor," and it goes on for

19 several pages, including some provisions relating to

20 arbitration. They wouldn't apply for this kind of

21 Reemployment Assistance case for a variety of

22 reasons.

23 There is a document that sets out a

24 schedule with various names, for what it's worth.



54

1 And we have a copy of a newspaper article from, I

2 guess, the Sun Sentinel, May 5, 2015, I guess an

3 opinion article by Mark J. Stempler.

4 We have, in addition, a questionnaire,

5 independent contractor questionnaire, basically,

6 that is directed to Ms. Ewers. And then we have a

7 copy of a 2014 Form 1099 Misc., miscellaneous,

8 Income. And then we have some notes of the

9 Department of Revenue.

10 In addition to that, there was a document

11 that was submitted in each of the cases by the

12 Department of Revenue. I had it right here in front

13 of me. And it was, yes, a copy of the -- it's

14 Administrator's Interpretation 2015-1, dated July

15 15, 2015, from U.S. Department of Labor, Wage and

16 Hour Division, and set out certain information about

17 independent contractors and employees in the context

18 of the Fair Labor Standards Act.

19 A copy of that document was also included

20 in some of the documents that Mr. McGillis's

21 representative had sent in at one point or another.

22 But the Department of Revenue sent in that notice as

23 well. I figured I would mention it right now.

24 With respect to Mr. Hutton's case, in



55

1 Docket No. 0026 2850 33-02, we have a very similar

2 collection of documents. There's the cover letter,

3 the certification of documents from the file,

4 certification of the best photocopies available, a

5 memorandum about the parties, the acknowledgement of

6 the protest letter from the Petitioner. It's dated

7 June 1 of 2015.

8 We have the Employment Determination

9 Notice, dated May 15 of 2015, again, a timely

10 appeal, referring to Michael Hutton, "The Claimant

11 referenced above has filed a claim for Reemployment

12 Assistance benefits."

13 It goes on to say, "The Determination below

14 was made based upon the Independent Contractor

15 Analysis RDS 60, 61, recently completed. We

16 reviewed the information submitted and determined

17 that the Claimant performing services as driver was

18 your employee. This Determination is retroactive to

19 July 16, 2014, and affects the quarters between July

20 16, 2014, and November 10, 2014," so basically the

21 third and fourth quarters of 2014.

22 We have a copy of an Information Request,

23 another copy of the Determination, a copy of Uber's

24 Software License and Online Services Agreement.



56

1 And -- I want to mention about this

2 document. There is a difference among the...

3 MR. HUTTON: Excuse me. May I interrupt?

4 HEARING OFFICER HOUSER: Yes, Mr. Hutton?

5 MR. HUTTON: Yes. Listen, I have to go in,

6 like, 25 minutes. So can I give my statement now?

7 What can you do?

8 HEARING OFFICER HOUSER: I understand.

9 Sure. Let me go ahead and finish out your

10 documents. We'll get -- unless there is an

11 objection from the other parties, we'll go ahead and

12 get your testimony quick as we can, and then let you

13 go.

14 Is there any objection, Ms. Liss-Riordan?

15 MS. LISS-RIORDAN: I'm sorry, can I just

16 ask procedurally, I think you explained before what

17 Ms. Ewers' involvement was in this. Can you just

18 explain for us what Mr. Hutton's involvement is. Is

19 it the same as it was for hers?

20 HEARING OFFICER HOUSER: Yes. The same kind

21 of situation. He's also a joined party, a person

22 who filed a claim for benefits, was determined to be

23 an employee, and Uber/Rasier LLC appealed that

24 Determination.



57

1 MS. LISS-RIORDAN: Okay. I see. So

2 like -- Ms. Ewers said that she would be willing

3 to -- I think she said she would be willing to go

4 with whatever determination gets made based on other

5 evidence presented here. Is the same true for Mr.

6 Hutton?

7 HEARING OFFICER HOUSER: It sounds like --

8 well, let's ask.

9 Mr. Hutton, you have, again, three options.

10 You've requested that you give your testimony first

11 so that you can go on to other matters. And I'm

12 willing to take your testimony out of order so you

13 can give your testimony and then leave if you wanted

14 to. Or you can just leave, and then I would be

15 making a decision in your case based on the other

16 evidence in the case. Or you could, you know, try

17 and participate fully. And that's kind of up to

18 you.

19 MR. HUTTON: (Unclear)

20 HEARING OFFICER HOUSER: I couldn't quite

21 hear --

22 MR. HUTTON: I'm on the line with you guys.

23 HEARING OFFICER HOUSER: -- all of what you

24 were saying, Mr. Hutton.



58

1 MR. HUTTON: I'm saying you gave me three

2 options. I can't make a good decision without

3 talking to my lawyer first. My lawyer is on the

4 call.


6 MR. HUTTON: There is no way for me to

7 reach my lawyer except stop the call.


9 tell you what I'm going to do, then. So you wanted

10 to be -- so is it correct to say that you would

11 actually prefer to be represented in this case?

12 MR. HUTTON: I just -- I need counsel. I

13 have (unclear) for the last week. I've talked

14 (unclear) representing me. I'm just doing what I'm

15 asked to do by her, the State of Florida.

16 I have to go in 20 minutes.

17 HEARING OFFICER HOUSER: I'm sorry. So

18 your --

19 MS. LISS-RIORDAN: I believe Mr. Hutton is

20 saying that he wants to be represented by me. If

21 that's the case, my recommendation would be that we

22 continue the matter for him and take it up on

23 another -- at another time, because he needs to

24 leave soon, as I understand it.



59

1 HEARING OFFICER HOUSER: So, Mr. Hutton, is

2 that what you're saying, that you wanted Ms.

3 Liss-Riordan to be your representative in this case?

4 MR. HUTTON: Is there a way to continue

5 this? Because I need to go in 20 minutes. I have a

6 doctor's appointment I cannot miss. (Unclear) So

7 I'm inconvenienced.

8 HEARING OFFICER HOUSER: All right. We've

9 got to take first things first. Yes, there is a way

10 to postpone, in your case, continue the hearing to

11 another day, if necessary. So there is that

12 possibility.

13 It sounds like you in fact are requesting a

14 continuance. But the thing that I wanted to make

15 sure was whether, in your comments, whether you were

16 saying that you wanted Ms. Liss-Riordan to represent

17 you, or perhaps did you want somebody else to

18 represent you?

19 MR. HUTTON: I don't have an answer. Ms.

20 Riordan is my lawyer, is handling this case. I'm

21 working with her with this case against Rasier. I

22 was not talking to her directly. I can't give you a

23 good answer.

24 So basically at this time I would like to



60

1 continue it, talk to Shannon to figure out what the

2 best thing is and -- yeah.

3 HEARING OFFICER HOUSER: All right. So it

4 turns out that we consolidated the three cases, and

5 we're just going to go ahead and wind up

6 deconsolidating the three cases.

7 All right. So, Mr. Hutton, if Ms.

8 Liss-Riordan is going to be your attorney, she's

9 requested a continuance on your behalf, and I'll go

10 ahead and grant that continuance.

11 Ms. Liss-Riordan, what would be best, of

12 course, is, if you are in fact representing Mr.

13 Hutton -- because he's made the request on his own

14 too so it works either way -- but, Ms. Liss-Riordan,

15 if you in fact are going to be representing Mr.

16 Hutton for any further proceedings, then go ahead

17 and send in a Notice of Appearance with respect to

18 Mr. Hutton like you did with Mr. McGillis.

19 MS. LISS-RIORDAN: Okay.

20 MR. McGILLIS: Can I make a recommendation?

21 HEARING OFFICER HOUSER: And this is who

22 that's speaking?

23 MR. WARMAN: That was Mr. McGillis. This

24 is Noah Warman. We're okay. We're fine. We



61

1 understand that this is Mr. Hutton's moment.

2 HEARING OFFICER HOUSER: All right. And I

3 just want to make sure, with respect to the other

4 parties, Mr. Wilson, any comment with respect to Mr.

5 Hutton's request for a continuance?

6 MR. WILSON: I understand that that will be

7 contingent on severing the matters for today's

8 proceeding; is that correct?

9 HEARING OFFICER HOUSER: Yes.

10 MR. WILSON: Okay. So long as the matters

11 are severed, we have no objection to the continuance

12 for Mr. Hutton.


14 comments?

15 MS. TAYLOR: No, sir. That's fine.

16 HEARING OFFICER HOUSER: So, Mr. Hutton,

17 what we're going to do is send you a Notice of

18 Continuance. We'll send that to you in the mail.

19 And assuming that we get a Notice of Appearance from

20 Ms. Liss-Riordan or perhaps from somebody else if

21 you decide to go with somebody else -- you know,

22 that's entirely up to you; it's not my decision one

23 way or the other -- then, you know, any further

24 notices will go to you and whoever is representing



62

1 you for any further proceedings, okay?

2 MR. HUTTON: Okay. I have one question for

3 whoever is sending all the paper. It's very

4 confusing for me. I've got 25 pieces of paper in

5 the last week. I don't know what it all is. I just

6 call the number and ask them what the hell's going

7 on. I've talked to Ms. Riordan -- I'm just

8 confused.

9 So if we can cut down the paper trail. I

10 understand that this is the law and things have to

11 be handled a certain way. But if we can just cut

12 down my paper trail, that's cool. All I need to

13 know is when I need to talk to you guys again. I

14 want one letter that says, "We need to talk to you

15 again on this date," I will go over it with my

16 lawyer, and that's it.

17 HEARING OFFICER HOUSER: I wish I could

18 tell you that the only thing you'll get from us from

19 here on out is the Notice of Continuance, the new

20 Notice of Hearing, and then whatever the recommended

21 order is, the final order and so on. But

22 unfortunately there are certain rules that we have

23 to follow, and in part they're because there

24 sometimes are problems between a party and their



63

1 representatives.

2 So you're entitled to receive all of those

3 documents. And because you are entitled to receive

4 them, generally we're going to feel constrained to

5 have to send them to you.

6 I'll look into whether we can avoid sending

7 some documents, just to cut down on your hassle.

8 But unfortunately, you may just have to figure that

9 you'll have to put up with receiving a lot of

10 documents that you'll have to put in a pile

11 somewhere. But -- yes, there are certain

12 requirements of having to send you notice and so on.

13 So, yes, I know it's tough keeping track of

14 that.

15 MS. LISS-RIORDAN: And assuming that we're

16 representing Mr. Hutton, we'll help explain it to

17 him and try to simplify things.

18 HEARING OFFICER HOUSER: So, Mr. Hutton, if

19 you're wanting to disconnect at this point, got

20 somewhere else you've got to be, I understand. You

21 can go ahead and disconnect. Just like I said to

22 Ms. Ewers, I'm not going to disconnect you, but if

23 you go ahead and disconnect, that will be fine. We

24 won't call you back.



64

1 MR. HUTTON: Okay. Well, thank you. You

2 people have a great day. Thank you for the help,

3 and I'll talk to you later.

4 HEARING OFFICER HOUSER: All right. Thanks

5 very much. So long.

6 Okay. And so Mr. Hutton has disconnected.

7 All right, let me just identify those --

8 well, let's see, since we've postponed that hearing,

9 I don't have to identify the documents directly for

10 Mr. Hutton. I'll just make a note here about those.

11 And we'll move on to, I guess, the case with lots

12 and lots of documents in it.

13 Okay. So we've got a little bit of a

14 difficulty simply because of the mass of documents.

15 But, Ms. Taylor, in the file that we have from the

16 Department of Revenue, there are, if I remember

17 correctly, 161 documents, according to the pdf

18 version of the documents, sent by the Department.

19 Would that be correct?

20 MS. TAYLOR: I show it as 157 pages.


22 MS. TAYLOR: Close.

23 HEARING OFFICER HOUSER: 157 pages from the

24 Department of Revenue files, plus some cover letter



65

1 information. So that seems to match up.

2 There was a document that was sent in, has

3 a date of August 13 of 2015 from the Petitioner, a

4 revised total of 31 pages. And, Ms. Taylor, did you

5 receive those documents?

6 MS. TAYLOR: Yes, sir, I did.

7 HEARING OFFICER HOUSER: Okay. And then

8 there was a series of pages which -- I think we had

9 listed 181 pages, pdf file pages anyway, 181 pages

10 from Ms. Liss-Riordan relating to Mr. McGillis's

11 case. And, Ms. Taylor, did you receive a set of

12 those documents?

13 MS. TAYLOR: I do believe that was dated

14 August 14th, correct?

15 HEARING OFFICER HOUSER: I've got a cover

16 letter dated August 13 of 2015. That was basically

17 the Notice of Appearance and a number of documents,

18 some of which are duplicates.

19 MS. TAYLOR: I show your letter was dated

20 August 13th. It's the same documentation. We have

21 received it.

22 HEARING OFFICER HOUSER: All right. Good.

23 And some of those documents are duplicative of the

24 Department of Revenue's documents.



66

1 Ms. Liss-Riordan, did you receive those 31

2 pages from the Petitioner?

3 MS. LISS-RIORDAN: Yes, we did. That was

4 dated August 13th as well?

5 HEARING OFFICER HOUSER: Right.

6 MS. LISS-RIORDAN: Yes. We have that.

7 HEARING OFFICER HOUSER: Did you receive

8 the initial packet under a cover letter dated June

9 15 of 2015?

10 MS. LISS-RIORDAN: Is that the packet from

11 the Department of Revenue?

12 HEARING OFFICER HOUSER: That's correct,

13 yes.

14 MS. LISS-RIORDAN: Actually, I think we do

15 not have that.

16 HEARING OFFICER HOUSER: All right. Well,

17 I'll be identifying the document, but I think you

18 have most, if not all, of the document there. They

19 were sent out to Mr. McGillis.

20 Mr. McGillis, did you receive a packet of

21 documents from the Florida Department of Revenue?

22 That would have been mid-to-late June of this year.

23 MR. McGILLIS: June 15th, which was the

24 certification of the entire record on appeal?



67

1 HEARING OFFICER HOUSER: Yes. And so you

2 got a set of those documents?

3 MR. McGILLIS: Yes. I got -- that was the

4 only set of documents I got from the Department of

5 Revenue or from the clerk, other than something I

6 got on Friday, which was what you had already

7 mentioned about the Department of Labor, you know,

8 opinion.

9 MS. LISS-RIORDAN: Okay. So our client has

10 them. That one packet we don't actually have, but

11 we'll sort that out.

12 HEARING OFFICER HOUSER: Okay. That's

13 fine. That's good. That's what I wanted to make

14 sure.

15 Mr. Wilson, the documents have been

16 identified from the Department of Revenue. You

17 obviously have the documents you sent in, but then

18 the other documents from Mr. McGillis's attorney, do

19 you have all of those documents?

20 MR. WILSON: I'm not clear on the documents

21 from the Department of Revenue. You mentioned 161

22 pages, and I believe Ms. Taylor said she thought it

23 was 157 pages. I'm not clear that we have received

24 those documents or what those are.



68

1 HEARING OFFICER HOUSER: Okay. Did you

2 receive a packet of documents under a cover letter

3 from the Florida Department of Revenue dated June 15

4 of 2015?

5 MR. WILSON: I have not seen that. Is that

6 the 161 pages?

7 HEARING OFFICER HOUSER: Yes.

8 MR. WILSON: I believe we have some

9 information from them, but I don't think it's

10 anywhere close to that length.

11 HEARING OFFICER HOUSER: It was sent out to

12 Rasier LLC, attention Dalene Bramer, 1455 Market

13 Street, Floor 4, San Francisco, California 94103.

14 That was the name, I guess -- name and address on

15 the Notice of Appeal. And so the documents were

16 sent out there.

17 Well, I'll tell you what. I think, with

18 just a very few exceptions perhaps, the documents

19 that have been sent in more recently contain most,

20 if not all, of the documents that were contained in

21 the Florida Department of Revenue packet. And then

22 if there are any other documents, then they can be,

23 I guess, suitably described.

24 Let me ask this, though. Ms. Taylor, would



69

1 you be able to send Mr. Wilson a copy of that file

2 electronically or fax him a set of documents?

3 MS. TAYLOR: Yes, sir. I could send them

4 through -- it would have to go through ShareFile,

5 because it's got confidential information. But,

6 yes, we could e-mail it to them.


8 MS. TAYLOR: I would have to have it -- may

9 I ask whose attention and what e-mail address to

10 send them? I can get Drenea York to do that for us.

11 We can get -- they're certified documents we can

12 have sent to them, yes, sir.

13 HEARING OFFICER HOUSER: Mr. Wilson, would

14 you be able to have an e-mail address where you

15 could receive the documents, just to make sure that

16 you have them?

17 MR. WILSON: Yes. Thank you. My e-mail

18 address is c, as in Courtney, cwilson@littler --

19 l-i-t-t-l-e-r -- .com.

20 MS. LISS-RIORDAN: Mr. Houser -- I'm sorry

21 to interrupt. Go ahead.

22 MS. TAYLOR: Thank you. Attention Mr.

23 Wilson at [email protected]?

24 MR. WILSON: Correct.



70

1 MS. TAYLOR: I'll make sure that's sent

2 right to you, sir.

3 MR. WILSON: Thank you.

4 MS. LISS-RIORDAN: Mr. Houser, this is

5 Shannon Liss-Riordan. I just wanted to correct the

6 record. We do have that packet from the Department

7 of Revenue. It was just a little unclear which you

8 were referring to as compared to our documents. But

9 we have it.

10 HEARING OFFICER HOUSER: All right. Great.

11 MS. TAYLOR: Mr. Houser, this is Myra. Do

12 you prefer just the Darrin McGillis case be sent to

13 Mr. Wilson or all three portions? Your call.

14 HEARING OFFICER HOUSER: Well, we

15 definitely need the Darrin McGillis documents, but

16 it's probably best to go ahead and send the others

17 as well.

18 MS. TAYLOR: They're on their way, then.

19 I'm putting them on the Share list.

20 HEARING OFFICER HOUSER: Okay. Perfect.

21 MS. LISS-RIORDAN: Actually, in that case,

22 I think we only have the documents regarding Mr.

23 McGillis. So could we receive the other ones as

24 well, then?



71

1 MS. TAYLOR: Yes, ma'am. Could you please

2 let me know, Ms. Liss-Riordan, where you want them

3 to go as well.

4 MS. LISS-RIORDAN: Yes. My e-mail address

5 is sliss -- s-l-i-s-s -- @l-l-r-law.com.

6 MS. TAYLOR: Let me call that back, okay?

7 I have s, as in snake, lis, as in l-i-s --

8 MS. LISS-RIORDAN: Two s's.

9 MS. TAYLOR: I have sliss, llrlaw.com.

10 MS. LISS-RIORDAN: Yes, that's correct.

11 MS. TAYLOR: And you need Hutton and Ewers,

12 correct?


14 MS. TAYLOR: Thank you.

15 MS. LISS-RIORDAN: Okay. Thank you.

16 HEARING OFFICER HOUSER: I'll give that

17 just a few moments, and then, Ms. Taylor, when those

18 things are, I guess, on their way...

19 Of the various documents, I will say that

20 many of the documents are more in the way of legal

21 argumentation as opposed to actual evidence, but we

22 might as well have everybody know what documents

23 were submitted to me that I have.

24 Okay. So, Ms. Taylor, are those, the



72

1 various sets of documents, on their way to Ms.

2 Liss-Riordan as well?

3 MS. TAYLOR: I have -- actually, Drenea

4 York, I'm e-mailing her to let her know to send them

5 to both parties at this moment, sir.

6 HEARING OFFICER HOUSER: Okay. Terrific.

7 MR. WILSON: Your Honor, this is Courtney

8 Wilson. Can I just make an observation, perhaps?


10 MR. WILSON: We had initially, along with a

11 continuance, requested to schedule an in-person

12 hearing for this matter in part because of the

13 complexity and, as you've seen now, the number of

14 documents that may have to be handled. Your Honor

15 denied that, I think primarily because two of the

16 Claimants were located elsewhere, at some distance,

17 in Florida.

18 I wonder, now that Ms. Ewers and Mr. Hutton

19 are not participating in this hearing, if it makes

20 sense to reconsider that.

21 HEARING OFFICER HOUSER: Well, we still

22 have representatives in other distant locations, in

23 fact a representative in a more distant location

24 than at the time when I denied the request in the



73

1 first place, because Ms. Liss-Riordan is up in

2 Boston, and Ms. Taylor, I presume, is up in

3 Tallahassee. That would be a Tallahassee number

4 that I called.

5 So if you're requesting a continuance in

6 order to then set up an in-person hearing, I'm

7 denying you that request for a continuance.

8 Now, if the parties are all agreeable, but

9 only if the parties are all agreeable -- let's see,

10 Mr. Hutton -- well, actually Mr. Hutton is actually

11 some distance away. He's up in the Jacksonville

12 area, I guess. So it would not be really grounds

13 for an in-person hearing for future hearings either.

14 If the parties -- if we do have to continue

15 this matter involving Mr. McGillis to another day,

16 and if the parties are all agreeable that they want

17 to have an in-person hearing at the location that

18 would be closest, which would be -- our Fort

19 Lauderdale office is actually the closest appeals

20 office -- we can accommodate that. It's not the

21 preferred way of proceeding, because it's an extra

22 burden on the parties.

23 But we could accommodate that, as long as

24 there's no requirement that any of the distant



74

1 parties or representatives, say, Ms. Taylor and Ms.

2 Liss-Riordan, as long as there's no requirement that

3 they attend in person. Because if their presence

4 would be necessary in person along with everybody

5 else, then there's no point in having an in-person

6 hearing. It's just too burdensome on the parties.

7 So we'll proceed on. Hopefully, Mr.

8 Wilson, you received the e-mail from the Department

9 of Revenue?

10 MR. WILSON: I have not yet.

11 HEARING OFFICER HOUSER: We'll give it

12 another few seconds, and then I'll identify

13 documents. I think you should be able to follow

14 along pretty easily. I think you will be familiar,

15 actually, with most of the documents. There are a

16 few documents related to Mr. McGillis individually

17 that you would be able to review very quickly.

18 I'm going to give it another minute, and

19 then we'll see what's what. I just mention that so

20 I'll have some kind of sound on the line so

21 everybody knows they haven't gotten disconnected.

22 (Pause)

23 MS. TAYLOR: Mr. Houser, I want to verify

24 that e-mail. We got a Microsoft error message when



75

1 we tried to send to sl, as in Lisa, i, as in

2 intelligent, s as in source, s another source, ll,

3 as in two libras, r, as in rhino, law.com.

4 MS. LISS-RIORDAN: Yes, that's correct, but

5 I don't think you have the "at." It's

6 [email protected].

7 MS. TAYLOR: sliss@.

8 MS. LISS-RIORDAN: [email protected].

9 MS. TAYLOR: I got you. So there's an @

10 after sliss and before the llr?

11 MS. LISS-RIORDAN: That's correct.

12 MS. TAYLOR: Okay. We just sent it again.

13 MS. LISS-RIORDAN: Thank you.

14 MS. TAYLOR: And I do apologize for the --

15 MR. WILSON: Did you send it separately to

16 Courtney Wilson, or is it part of the same e-mail?

17 HEARING OFFICER HOUSER: Ms. Taylor or Ms.

18 York, the message that was sent out, was it sent out

19 to two addresses, one to Mr. Wilson at littler.com

20 and one to llrlaw.com, or were they two separate

21 e-mail messages?

22 MS. TAYLOR: Two separate e-mail messages

23 have been sent. They're being sent from Drenea

24 York. Mr. Wilson or Courtney Wilson was to get all



76

1 three cases, certified documents all three cases,

2 and sliss@ll, they were getting Hutton and Ewers,

3 the other two, because she already has McGillis.

4 Is that correct, Mr. Houser? Are all

5 parties happy with that information?

6 HEARING OFFICER HOUSER: That's what should

7 have been sent. I think Mr. Wilson was just making

8 sure, because that could make a difference in terms

9 of transmission time, if you had a bunch of

10 documents with two parties as opposed to a bunch of

11 documents with one.

12 MS. TAYLOR: Mr. Wilson's just came

13 through, "Delivery Complete." So I think we should

14 be good momentarily. Just give it a couple of

15 minutes.

16 MR. WILSON: Okay. So I have the e-mail,

17 but it's encrypted, so I'm going to have to go

18 through that brief process to open it.

19 MS. TAYLOR: Mr. Houser?

20 HEARING OFFICER HOUSER: Yes?

21 MS. TAYLOR: Can I take a five-minute

22 courtesy break?

23 HEARING OFFICER HOUSER: I'm showing it's

24 10:38 a.m. So five minutes, that's, what, 10:43?



77

1 If worse comes to worst, we have can give you to

2 10:45.

3 MS. TAYLOR: (Laughter) I'll be right

4 back. Thank you.


6 Thanks. And if anybody else needs to take a quick

7 break, you'll have a chance to do so. I'll stay on

8 the line, leave the lines open. But of course I

9 can't talk to the parties about the facts of the

10 case.

11 MS. LISS-RIORDAN: Okay. Thank you. I'm

12 going to take a quick break. I did receive the

13 e-mails, so I have the documents now.

14 HEARING OFFICER HOUSER: Terrific.

15 (Pause)

16 HEARING OFFICER HOUSER: I'm going to do

17 sound from time to time just to make sure it's clear

18 from the recording that we're still all connected.

19 I'll do that from time to time until everybody is

20 back and ready to go.

21 MR. McGILLIS: So once you make your

22 decision, it goes to the Director for final review?

23 This is Darrin McGillis in Miami.

24 HEARING OFFICER HOUSER: Right.



78

1 MR. WILSON: Darrin, just --

2 MR. McGILLIS: How long does he usually

3 take to make those decisions?

4 HEARING OFFICER HOUSER: All I can tell you

5 at this point is it depends. It would depend on a

6 variety of factors, the complexity of the case, the

7 intricacy of the evidence and argument, and those

8 would be the primary factors.

9 MR. McGILLIS: Thank you.

10 HEARING OFFICER HOUSER: I'm showing that

11 it's 10:40 a.m. -- 10:41, in fact, a.m., according

12 to my clock.

13 MS. TAYLOR: I'm back, Mr. Houser.

14 HEARING OFFICER HOUSER: All right. We'll

15 see when Ms. Liss-Riordan --

16 MS. LISS-RIORDAN: I'm back as well.

17 HEARING OFFICER HOUSER: Okay. Terrific.

18 Mr. Wilson, has the encryption --

19 decryption been able to be completed? Mr. Wilson?

20 I hope I haven't lost him. It looks like we're

21 still connected, at least according to the

22 information I've got.

23 MR. WILSON: Hi. This is Courtney Wilson.

24 I'm back. I'm sorry.



79

1 HEARING OFFICER HOUSER: Okay. Great. Is

2 the decryption of the documents completed?

3 MR. WILSON: Bear with me. My

4 technological skills are limited.

5 (Pause)

6 HEARING OFFICER HOUSER: At this point what

7 we're waiting on is just to make sure that everybody

8 has all of the documents, as opposed to one party

9 having just some and then having to -- we would

10 either have to proceed without using those

11 documents. Or perhaps the party is willing to waive

12 the right to view the document, wanting to avoid an

13 overall continuance of the case, but also to make

14 sure that everybody has all of the same documents.

15 MR. WILSON: Sorry.

16 (Pause)

17 HEARING OFFICER HOUSER: I'm looking at

18 various pages of the packets in the file, and I'm

19 trying to do that very quietly. But if my flipping

20 through the pages is causing some interference on

21 the line, then let me know so I can stop and turn

22 pages even more quietly and delicately.

23 Mr. Wilson, any luck?

24 MR. WILSON: I'll say some luck. It seems



80

1 to be opening. I guess it's a very large file, so

2 it's moving very slowly.


4 tell you what I'm going to do. Why don't we kind of

5 do these things at least a little bit backwards.

6 We'll identify the documents from the Florida

7 Department of Revenue in just a moment.

8 Let me identify other documents that we've

9 got. As I say, some of them, you know, there would

10 be some duplication.

11 Of the 31 pages that the Petitioner sent in

12 to revise the total of 31 pages, we have a cover

13 letter; and then what they've marked as Exhibit No.

14 1, a Rasier Software Sublicense and Online Services

15 Agreement, which runs to, let's see, 14, 15, 16, 17

16 pages. And this one -- just to make mention, in the

17 other files there was a reference to -- in the

18 agreement there is a reference to a transportation

19 company as part of the recital of "agreement between

20 you, Transportation Company, or you."

21 In this particular document, in Mr.

22 McGillis's case, the initial identification --

23 "Terms and conditions stated herein, agreement

24 constitute a legal agreement between you, an



81

1 independent provider of ride share or P-to-P

2 transportation services, the transportation

3 provider," identifying the party as a transportation

4 provider, as opposed to a transportation company.

5 The rest of the agreement, very similar to the

6 agreement in the other cases.

7 So we've got that agreement, running

8 through a Page 17. These are the documents,

9 remember, from the Petitioner, the additional

10 documents.

11 We've got what they have headed as Exhibit

12 2, a Service Fee Schedule, one page; an Exhibit 3, a

13 letter from Darrin McGillis to Julia Hines; an

14 Exhibit 4, an Independent Contractor Analysis,

15 indicating that -- it's a document filled out by Mr.

16 McGillis. Those are those additional documents

17 dated August 13, 2015, from the Petitioner, from

18 DeJoyne and Decordy, from Ms. Liss-Riordan.

19 We have the cover letter dated August 13 of

20 2015, basically a prehearing brief document. It

21 runs up to a Page No. 9. We've got a copy of a

22 California Labor Commission decision in a recent

23 case, Barbara Ann Berwick versus Uber Technologies.

24 And there the pages run up to a Page No. 12, 1 to



82

1 12.

2 We've got an order on denying a summary

3 judgment from the United States District Court,

4 Northern District of California, Douglas O'Connor

5 and others versus Uber Technologies. And that

6 document runs up through a Page No. 27.

7 Keep in mind that a denial of a summary

8 judgment motion simply says that there are facts

9 that need to be determined at trial. It isn't a

10 ruling really on the merits of the case at all.

11 So then we've got the U.S. Department of

12 Labor, Wage and Hour Division, administrative

13 interpretation, that document that I already

14 mentioned earlier, relating to Fair Labor Standards

15 Act interpretations of whether a worker is an

16 independent contractor or an employee.

17 And it says repeatedly, repeatedly in there

18 that the definition of employee for Fair Labor

19 Standards Act purposes is broader than the common

20 law definition of employee. So somebody might be

21 considered an employee for certain purposes --

22 overtime, time and a half perhaps even -- that

23 wouldn't be considered an employee at common law.

24 All right. And so then we've got a series



83

1 of documents with the Uber logo and the slogan,

2 "Everyone's Private Driver." And we've got a series

3 of pages there, six pages, or pages up to Page 6 of

4 6.

5 We've got what looks like a press release

6 from the Florida Public Utilities Commission. We've

7 got various documents that have the Uber logo.

8 These would be presumably messages of some kind that

9 were sent out at various times. We've got several

10 pages of those.

11 We've got a copy of the Rasier Software

12 Sublicense and Online Services Agreement, and,

13 again, those are the pages -- it looks like the same

14 document as what's been mentioned earlier.

15 And then we've got, I guess, presumably

16 information from a website, question and answers.

17 "Can I request a specific driver? How does the

18 rating system work?", et cetera. We have a series

19 of pages. There's a sort of speed schedule.

20 There's various advertisements or, I guess, e-mail,

21 promotional e-mails relating to "Earn," for example,

22 "$18 an hour," and "Fares guaranteed," "Make $700

23 this weekend" and so forth. So we have a number of

24 pages of those sorts of messages.



84

1 We have a document, "South Florida Data

2 Update, More Affordable Rides, Higher Driver

3 Earnings." And this looks like it's an Uber

4 newsletter, is basically what it appears to be. So

5 up to a Page No. 5. Several more pages of messages,

6 and a copy of -- it looks like either a newspaper

7 article or press release about "First Rider in

8 Miami."

9 We have some statistical messages. We've

10 got a document, July 27, 2015, pay statements; a

11 completed incident report; a document from

12 Professional Collision Specialists Incorporated. We

13 have a post office receipt. And we've got a series

14 of e-mail messages back and forth between the joined

15 party Mr. McGillis and Uber, Kai, and Uber, et

16 cetera.

17 We've got a Determination, which was issued

18 to Mr. McGillis, indicating that it was mailed out

19 May 14 of 2015. "An investigation into your

20 unemployment status with the above-named employer

21 has been conducted. It has been determined that you

22 are an employee of that company," referring to

23 Rasier LLC. Then we have some various documents,

24 more questions and answers and other one-page



85

1 information.

2 We've got, I guess, a Craig's List posting,

3 "Make $600 per week driving for Uber," runs over to

4 a second page.

5 Those are the documents that we've received

6 from the joined party's representative.

7 Then the documents from the Department of

8 Revenue.

9 MS. LISS-RIORDAN: Excuse me, Mr. Houser.

10 I'm sorry to interrupt. This is Shannon

11 Liss-Riordan. We did submit one additional exhibit

12 this morning. Did you receive that? It's a

13 Determination from the California Employment

14 Development Department finding Uber earnings to be

15 employment earnings for a driver there. Did you

16 receive that?

17 HEARING OFFICER HOUSER: I'm pretty sure I

18 did. Let me see. Yes, there was a cover letter,

19 and then an Exhibit 36, and then the document. I

20 thought I had it printed out and here in the file,

21 but it came in just as I was beginning this hearing.

22 So -- let me just go and check and see if it's there

23 so I'll have it easily available in front of me.

24 One moment. It should only be a few seconds.



86

1 (Pause)

2 Okay. So we have that document as well,

3 the one that Ms. Liss-Riordan was just now

4 mentioning.

5 And -- okay. The Department of Revenue

6 document has the cover letter dated June 15 of 2015

7 with certification of 157 pages from the Florida

8 Department of Revenue file, a certification that

9 they are the best photocopies available; the

10 memorandum about the parties; and an acknowledgement

11 of the protest, June 1, 2015, of the protest and

12 appeal, a timely appeal.

13 We have a letter -- the June 1st letter

14 itself. We have an Employee Determination Notice

15 which says, "Correction," dated May 13 of 2015. The

16 original Employee Determination Notice was May 5,

17 but the May 13 Notice would sort of supersede that.

18 An information request. We've got another copy of

19 the Determination.

20 And then we have an April 29, 2015, letter

21 from Uber -- it runs for several pages -- over the

22 signature of, it looks like, Justin Duhr, Legal

23 Counsel, Employment. I'm sorry. Suhr. S-u-h-r,

24 evidently.



87

1 Let's see what else. Some duplicate

2 documents, information requests. There's a phone

3 statement of someone's work and earnings. There's

4 an Independent Contractor Analysis form from the

5 Petitioner, from the employee's unit, several pages

6 there. There's the agreement that runs, again,

7 several pages, including the arbitration agreement.

8 There's a copy of the newspaper article or

9 op ed from Mr. Stempler, already mentioned. There's

10 some e-mails between the auditor, Mr. Hall, and the

11 Petitioner.

12 We have a series of documents that are

13 actually duplicates, it appears, from a Page 55 of

14 161 up to Page 82 of 161. So I don't need to

15 identify those further.

16 Then we have, let's see, a 2014 Form

17 1099-K, Payment Card and Third-Party Network

18 Transactions, directed from Rasier LLC to Darrin

19 McGillis, and -- let me double-check here.

20 (Reviewing document) Summary -- yes. Okay. So

21 that's the 1099-K.

22 And then we've got a further document

23 that's headed, "Not an Official 1099 form" from

24 Uber, a 2014 tax summary. We've got a brief summary



88

1 of the initial claim for benefits, at least part of

2 it. It's got the letter from Mr. McGillis to Ms.

3 Hines. That was dated April 17 of 2015.

4 We've got an independent contract analysis

5 form for Mr. McGillis. We've got a copy of that

6 summary judgment order in Douglas O'Connor versus

7 Uber Technology. That's out in California. That

8 runs to a number of pages. That's already been

9 mentioned as well.

10 I have a copy of an Uber message, South

11 Florida Airport. "Important Message" is how it's

12 headed. And then various other documents, a

13 message -- yes, a message about financing for cars,

14 other promotional messages from Uber, from what it

15 appears to be.

16 Then we've got further documents related to

17 vehicle financing, the 2014 tax summary. Frequently

18 asked questions. We've got a document relating to

19 the company Rasier LLC from the Secretary of State

20 and a letter relating to that particular name.

21 Let's see. An application for application

22 to transact business in Florida, a certification

23 from Delaware that the company is in good standing

24 there.



89

1 There is a Second District Court of Appeals

2 case docket with respect to Uber Technologies versus

3 Coastal County Public Transportation; more messages

4 from Uber, promotional messages; and a copy of a

5 letter from the Department of Economic Opportunity

6 indicating that an investigation is taking place;

7 and this e-mail from the auditor of the Florida


9 So that's that packet from the Florida


11 All right. So what I propose to do, unless

12 there is an objection, is take all of those

13 documents, the ones from the Department of Revenue,

14 the ones submitted by the Petitioner and those

15 documents submitted by the joined party as well, and

16 take all of those documents as exhibits in the case,

17 and then we'll go ahead and take further testimony.

18 So unless there is some objection, I'll be

19 marking those or noting those documents from the

20 Florida Department of Revenue as Exhibit No. 1; the

21 31 pages from the Petitioner as Exhibit No. 2; the

22 documents, including the most recently received

23 document from the joined party, as an Exhibit No. 3.

24 And so, hearing no objection, they are --



90

1 MR. WILSON: Your Honor, this is Courtney

2 Wilson on behalf of the Petitioner. You know, I'm

3 not sure procedurally, but we certainly object to

4 some of these submissions within Exhibit 3. There

5 are a couple hundred pages' worth.

6 Some of those documents are clearly

7 irrelevant, haven't been authenticated, and we don't

8 believe that they will be authenticated. They

9 pertain to some time before Mr. McGillis's

10 relationship with Uber. Some pertain to matters

11 outside the State of Florida. Some of them pertain

12 to business units other than the one that had a

13 relationship with Mr. McGillis in Florida. So they

14 are irrelevant.

15 HEARING OFFICER HOUSER: All right. Your

16 objection is solely to some of those documents

17 submitted by the joined party; is that correct, Mr.

18 Wilson?

19 MR. WILSON: Yes.

20 HEARING OFFICER HOUSER: So with respect to

21 any of those other documents -- and I'll come back

22 to those in a moment -- but with respect to the

23 other documents, unless there is an objection, then,

24 as I said, they'll be Exhibits No. 1 and 2



91

1 respectively.

2 MR. WARMAN: Mr. Houser, this is Noah. I

3 think my co-counsel got disconnected. Is that what

4 you're showing, whether she's there?

5 HEARING OFFICER HOUSER: I'll take a look

6 and see. Hopefully not.

7 Yes. Let me redial. (Phone ringing)

8 MS. LISS-RIORDAN: Hello, this is Shannon

9 Liss-Riordan.

10 HEARING OFFICER HOUSER: Ms. Liss-Riordan,

11 your co-counsel down here in South Florida advised

12 me that you had gotten disconnected at some point.

13 I looked, and lo and behold, you weren't on my

14 screen anymore.

15 At what point did you last hear something

16 in this case?

17 MS. LISS-RIORDAN: It was about five to ten

18 minutes ago. I think you were still going through

19 the documents in the record.

20 HEARING OFFICER HOUSER: Okay. So what I

21 said was this, that unless there is an objection, I

22 would accept the three packets of documents, the one

23 from the Florida Department of Revenue as an Exhibit

24 No. 1, the 31 pages from the Petitioner as an



92

1 Exhibit No. 2, the packet from the joined party as

2 Exhibit No. 3, accept them for what they're worth.

3 Mr. Wilson has objected to at least some of

4 the documents in the packet from the joined party,

5 what would be Exhibit No. 3, as being either --

6 well, basically being irrelevant, but also some of

7 the documents not being properly authenticated. But

8 he's not raised any objection to what I would be

9 proposing as Exhibit No. 1 or No. 2, for what they

10 may be worth. So that's basically what's going on

11 so far.

12 Now we've lost somebody else. One moment.

13 We'll go ahead and call back and find out. One of

14 the observers. Actually, it looks like we lost

15 another observer as well -- no, we haven't.

16 Well, I'll try again. Let's see. What was

17 that number? 305-347-6672. (Phone ringing)

18 MS. AMPEL: Hi, this is Celia.

19 HEARING OFFICER HOUSER: Celia Ampel?

20 MS. AMPEL: Yes.

21 HEARING OFFICER HOUSER: I was just seeing

22 on the screen that we had gotten disconnected from

23 you. I wasn't sure if that was just our system that

24 disconnected you or if you had decided you had other



93

1 matters. But I didn't want to just leave you

2 hanging.

3 MS. AMPEL: I think it was on your end. So

4 thank you very much for calling back.

5 HEARING OFFICER HOUSER: I don't think

6 anything of significance has happened. We're still

7 going over documents and so on. But, yes, happy to

8 have you back.

9 Let's see. Mr. Wilson, you're still there?

10 MR. WILSON: Yes, I am.


12 Liss-Riordan, you're still there?

13 MS. LISS-RIORDAN: Yes, I am.

14 HEARING OFFICER HOUSER: And Mr. Warman?

15 MR. WARMAN: Yes, we are.

16 HEARING OFFICER HOUSER: And Ms. Taylor,

17 you're still on the line? Ms. Taylor? Well, I may

18 have gotten disconnected from her. Well, try that.

19 (Phone ringing)

20 MS. TAYLOR: Good morning. This is Myra

21 Taylor.

22 HEARING OFFICER HOUSER: Ms. Taylor, it

23 looks like we got disconnected from you at some

24 point. I'm not sure exactly when. How long have



94

1 you been off the line?

2 MS. TAYLOR: Probably about 15 minutes or

3 more.

4 HEARING OFFICER HOUSER: Oh, dear.

5 Basically what's happened is I was going through the

6 various documents, indicating that I would take

7 those documents as exhibits.

8 Mr. Wilson has raised an objection to the

9 packet that was sent in by the joined party, though

10 he has no objections to the packet sent in by the

11 Department of Revenue and of course the packet that

12 he sent in. We've made those documents as exhibits

13 for what they're worth, and so that's basically

14 where we stand at the moment.

15 Do you have any objection, Ms. Taylor, to

16 taking those documents, all three packets, as

17 exhibits in the case for what they're worth?

18 MS. TAYLOR: I'm sorry, repeat that, Mr.

19 Houser?

20 HEARING OFFICER HOUSER: Do you have any

21 objection to my taking the documents as exhibits in

22 the case?

23 MS. TAYLOR: No, sir. I have no problem

24 with it.



95


2 (Documents marked as Exhibits 1 and 2

3 in evidence)

4 (Documents marked as Exhibit 3

5 for identification)

6 HEARING OFFICER HOUSER: And, Ms.

7 Liss-Riordan, I just want to make sure, what I'm

8 doing at this point is just holding off on a ruling

9 about any of the documents that have been sent in by

10 the joined party. I'm not saying that they won't be

11 taken as exhibits, but I'm just holding off

12 accepting them right at the outset.

13 Is there any other objection, Ms.

14 Liss-Riordan, that you have?

15 MS. LISS-RIORDAN: No. But just to

16 clarify, you know, obviously I understand that

17 Rasier/Uber is objecting on relevance grounds to

18 some of them. As to authenticity, a number of them

19 were taken from Uber's website.

20 Are you saying that you will take them for

21 what they're worth or that we need to somehow

22 formally authenticate them in order to put them into

23 the record?

24 HEARING OFFICER HOUSER: Well, at this



96

1 point, I'm saying that I will take them for what

2 they're worth. Then in terms of the weight given to

3 the various documents, that would be a matter of the

4 particular evidence that's actually presented during

5 the hearing.


7 HEARING OFFICER HOUSER: All right. And

8 so -- was there something further?

9 MS. LISS-RIORDAN: No. Nothing right now.

10 HEARING OFFICER HOUSER: So with respect to

11 any of those documents, if there's reference made to

12 them during the course of the testimony, then we can

13 accept them or not as necessary to make them a fully

14 competent part of the evidence.

15 So if there is testimony that relates to

16 them, then if I don't come back to that point, Ms.

17 Liss-Riordan, you can formally request that the

18 documents or at least some of them be made an

19 exhibit or part of the evidence in the case.

20 MS. LISS-RIORDAN: Okay. Well, I just have

21 a point of -- sorry. Go ahead.

22 HEARING OFFICER HOUSER: Go ahead.

23 MS. LISS-RIORDAN: I just want to ask for

24 clarification. As you pointed out, some of our



97

1 documents, particularly some of the ones at the

2 beginning, are really more in there for legal

3 argument. So we would just request that you take

4 notice of them. So do I need to formally move them

5 into the record or --

6 HEARING OFFICER HOUSER: Obviously I can

7 take administrative notice of any legal authority.

8 And if it's from outside the state, then I can, you

9 know, give it whatever persuasive authority is

10 appropriate. And so I guess, having said that, we

11 can move on from that point.


13 HEARING OFFICER HOUSER: Keep in mind too

14 that, in a hearing such as this, an administrative

15 hearing, I can receive hearsay to supplementally

16 explain other competent evidence. I can't use

17 hearsay standing alone as the basis for a finding of

18 fact, unless it would be admissible in a civil trial

19 over objection.

20 There are a few instances where hearsay

21 would be used in this sort of administrative hearing

22 over and above hearsay that would be considered

23 competent evidence or admissible in a regular civil

24 trial.



98

1 But for the most part, if there is a

2 hearsay that is submitted, the parties do not need

3 to make any sort of contemporaneous objection to

4 that. You can raise the objection in the closing

5 statement or even in the proposed findings of fact

6 and conclusions of law, if you believe there is some

7 hearsay that is offered that should not be

8 considered as competent evidence under the

9 appropriate standards for this sort of

10 administrative hearing.

11 I say that -- so in effect, the parties

12 have a standing objection to hearsay, if you want to

13 think about it that way. That's just to move the

14 hearing along so we don't get bogged down in more

15 unnecessary technicalities than we have to.

16 All right. So at this point, I think we're

17 ready to begin taking actual testimony.

18 MATTHEW GORE, Previously sworn

19 EXAMINATION

20 BY HEARING OFFICER HOUSER:

21 Q. So, Mr. Gore, you said that you're general

22 manager for Uber Florida. How long have you held

23 that position?

24 A. For approximately a year.



99

1 Q. Okay. And you said that you're an employee

2 of Uber Technologies. That would be Uber

3 Technologies, Incorporated? LLC? Or what?

4 A. Uber Technologies, Incorporated.

5 Q. And have you been their employee for the

6 same length of time, about a year?

7 A. I have worked at Uber for about a year and

8 a half. Since March of 2014.

9 Q. All right. And are you actually located

10 here in Florida?

11 A. I'm physically in Florida today. I'm based

12 out of Washington, D.C.

13 Q. And is that where you've been -- basically

14 where you've been since you began with Uber

15 Technologies?

16 A. Yes.

17 Q. Okay. All right. And so then there are a

18 number of different names that arise in the

19 documents, and maybe it's appropriate at this point

20 to try to sort through some of them.

21 We have reference to Uber, and we have

22 reference to Rasier -- I'm saying Rasier, but the

23 preferred pronunciation might be different. We have

24 Uber. We have Rasier LLC. What's the connection or



100

1 what's the difference in those entities?

2 A. Uber Technologies, Incorporated, is the

3 entity that develops the software that is then

4 licensed to Rasier LLC, which is a wholly owned

5 subsidiary, and Rasier contracts with the driver

6 partners.

7 Q. Okay. All right. Now, there are

8 references in the documents to various different,

9 you might call them, flavors of Uber. There's an

10 uberX, and there's various other kinds of things.

11 So how many choices of Uber are there?

12 A. There are quite a few. I guess we would

13 call those various products. uberX, uberSELECT are

14 both what we call peer-to-peer or P-to-P products,

15 and those are the ones that are currently here in

16 Miami.

17 Elsewhere in the state it's mostly those,

18 with the exception of Jacksonville, where we have

19 uberBLACK, which is a bit different of a product.

20 uberBLACK is actually a delivery product, you might

21 say, where we contract -- I believe in the case of

22 uberBLACK, it is Uber Technologies itself

23 contracting with limousine companies to provide that

24 service.



101

1 From a consumer's standpoint, they're

2 different -- the consumer is not going to be aware

3 of these different structures. What the consumer

4 sees is kind of, like, cheapest, nicer, nicest.

5 Q. And would it go in that order, that uberX

6 would be the cheapest, and uberSELECT next more

7 expensive, and uberBLACK the most expensive?

8 A. Exactly. So we call uberX our low-cost

9 product, uberSELECT a nicer ride, and uberBLACK is

10 more of a luxury product.

11 There are other ones as well: uberXL,

12 which refers to uberX, but a larger vehicle that can

13 seat up to six passengers; and uberSUV, which is the

14 same thing, but for uberBLACK.

15 Q. Okay. And with respect to Mr. McGillis, we

16 have these documents, these agreements in the

17 various styles that refer to an agreement, the

18 Rasier Software Sublicense and Online Services

19 Agreement. Is that the agreement between Rasier LLC

20 and Mr. McGillis?

21 A. I believe you're referring to the terms and

22 conditions for an Uber partner agreement. So, yes,

23 that would have been the terms and conditions that

24 Mr. McGillis agreed to to partner with Rasier.



102

1 Q. Okay. So there is another agreement

2 relating to the other joined parties that is similar

3 but slightly different, because it refers to the

4 other party as a transportation company as opposed

5 to a transportation provider. Why the difference?

6 A. My understanding is that the agreement, the

7 standard agreement, has changed over time from time

8 to time. I couldn't speak to why various changes

9 were made.

10 Q. Okay. And so then what we've got in the

11 file are what appear to be, like, form agreements,

12 you know, like standard agreements, but I don't see

13 any sort of agreement where there are any actual

14 signatures showing that the parties have executed

15 the agreement. Is there a reason for why we don't

16 have a document like that?

17 A. These agreements were all signed

18 electronically.

19 Q. In the case of Mr. McGillis, when did he

20 sign his agreement?

21 A. I don't have that in front of me. It would

22 have been whenever he first signed on to the

23 platform after being activated. Before you're able

24 to receive your first trip request -- and we can



103

1 talk about exactly what that is -- you're presented

2 with the terms and conditions to either agree or not

3 agree to.

4 Q. Okay. So how is it that somebody gets into

5 a position where they're even considered for being

6 able to sign the terms and conditions?

7 A. So a potential driver partner would go onto

8 our website, or there might be a mobile channel as

9 well, but effectively the same thing, fill out a

10 form to sign up. This would include, you know,

11 information about themselves. They would have to

12 upload various documents that are required, such as

13 driver's license, registration, insurance; again,

14 fill out information about themselves and their

15 vehicle; agree to a background check. And then a

16 background check would be conducted on the person.

17 Assuming that all the information and the

18 documents and the background check are satisfactory,

19 then the person can be activated to have access to

20 the platform. That can be -- in most cases it's on

21 an app that they download onto their own phone.

22 They can also lease a phone from us, which has the

23 same application on it. And then they sign into

24 that application, using a user name and password



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1 that they establish earlier in the process.

2 Q. So I was going to ask about that at some

3 point. The agreement indicates that -- the terms

4 and conditions indicate that Uber will send the

5 driver a phone to use to, I guess, access the app.

6 So you're saying that that isn't always the case?

7 A. That is not always the case. The driver

8 partner may request a phone to be sent to them, and

9 then they'll pay a security deposit effectively on

10 that and a weekly fee, or they can use their own

11 phone, and then there's no cost associated with

12 that.

13 Q. Okay. Is there some sort of cost with

14 being able to download the app in the first place?

15 A. No. The app is available free of charge.

16 Q. And how does -- now, somebody has to go

17 through the application process, get approved and so

18 on. So how is, I guess, access to the app limited

19 to just those people that are approved?

20 A. So during the process, when the person

21 creates a user name and password, that will create

22 an associated account on our platform. That account

23 has a status associated with it. I think for this

24 purpose, you could basically say either active or



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1 inactive.

2 If the account status is inactive, the

3 person can log in and see information about their

4 account, such as what type of additional

5 documentation is required, where they are in the

6 process, but they won't be able to, quote-unquote,

7 go on-line or log on and make themselves available,

8 which, when we say those terms, we mean make

9 themselves available to receive trip requests. It

10 simply won't be possible.

11 Once the person has met all the

12 requirements including having valid documents,

13 background check, et cetera, then internally their

14 account will be activated. They will be an active

15 partner on the platform. And then when they sign

16 in, they will have that opportunity to click a

17 button and make themselves available to receive trip

18 requests.

19 Q. And so what does that background check

20 consist of?

21 A. The background check is conducted by a

22 third-party provider that is accredited by the

23 National Association of Professional Background

24 Screeners. They will check federal, state and local



106

1 records. They run a Social Security trace. They

2 check the motor vehicle record and check the

3 National Sex Offender Registry. There may be some

4 other databases that they check as well.

5 Q. And so if the background check comes back

6 negative in some way, what does Rasier LLC

7 communicate to the applicant, if anything?

8 A. If there is information in the background

9 check that prevents us from partnering with this

10 person, then we'll send an adverse action letter,

11 effectively, under the FCRA stating that information

12 in their background check has led us to decide not

13 to contract with them.

14 Q. FCRA referring to?

15 A. Federal Credit Reporting Act? Fair Credit

16 Reporting Act.

17 Q. All right. And so then if somebody has

18 been approved, to log on they have to, what,

19 navigate to the Uber website and log in?

20 A. So once they have passed all the steps

21 necessary to be eligible to receive requests, then

22 they'll download the app onto their phone or log in

23 on the Uber phone and use the application on the

24 phone to make themselves available for trip



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1 requests.

2 Q. And so what sort of information -- other

3 than perhaps pressing a button saying "I'm

4 available," what other information, if any, does the

5 driver have to provide at that point?

6 A. Once they have an active account, then at

7 that point there is no other information to provide,

8 other than using their user name and password to log

9 on and make themselves available.

10 They may never do that. There may be

11 partners in the system who have activated accounts

12 but have never logged on, because they chose not to

13 or just moved on. Or they can wait any amount of

14 time that they want to. But at that point, the

15 phone's GPS will, I guess, tell the system where

16 they are and tell our platforms that they're

17 available for requests.

18 Q. So you need a particular kind of phone in

19 order to access the app; is that right?

20 A. That's right. You need a GPS-enabled smart

21 phone, an iPhone, or, my understanding is, basically

22 any Android phone would be able to do that.

23 Q. And you said some people might wait or

24 might not ever log on. But doesn't the agreement



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1 say that, if you haven't had any activity for 180

2 days, then you'll be sort of deactivated?

3 A. I believe that may be correct. I can't

4 remember the time frame exactly, but if the person

5 writes back in and says, "I'd like to be

6 reactivated," then we'll just kind of turn it back

7 on.

8 Q. So it's not that they're just removed from

9 the system; it's just they go from active status to

10 inactive?

11 A. Exactly. There's effectively no difference

12 from their perspective, other than -- I believe the

13 original goal of that is to encourage people to send

14 phones back that they're leasing if they're not

15 planning on using the service any longer.

16 Q. Okay. Now, what percentage of drivers use

17 an Uber phone and what percentage use their own?

18 A. I don't know those numbers, but I can say

19 that the vast majority use their own phone.

20 Q. Okay. All right. Does the technology

21 change from time to time such that somebody who has

22 been using a particular phone suddenly finds that

23 it's now obsolete, they can't access the app anymore

24 with their phone?



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1 A. I'm not aware of that having happened, but

2 the technology does change from time to time, in

3 that a newer version of the app needs to be

4 downloaded.

5 Q. So then somebody logs on. The GPS function

6 on the phone tells Uber that the driver is available

7 and where. And so then what happens?

8 A. So when a customer or a rider uses a

9 separate app called the Rider App and they log on

10 and make the trip request, our system will send that

11 or forward that trip request on to the nearest

12 driver partner who has made themselves available at

13 that time.

14 And so then on the driver partner's phone,

15 they'll see that the trip request is being made.

16 They'll see the location of the trip request and the

17 first name of the person requesting the trip, and

18 they'll have a certain period of time to accept the

19 trip or not accept the trip. And if they don't

20 accept the trip, it will be forwarded on to the next

21 nearest partner.

22 Q. Okay. So, what, there's like a message

23 that comes up and says, "You've got a potential

24 rider at such and such a location," "a bill at such



110

1 and such a location. Accept? Yes or no," or is it

2 more elaborate than that?

3 A. It's even a little less elaborate than

4 that. It says that, and then there's maybe a

5 countdown on the screen, and you simply touch

6 anywhere on the screen to accept, or you let the

7 countdown expire to not accept.

8 Q. Okay. Is there some rule about how often,

9 if you get notification that there's somebody

10 available, how often you have to accept?

11 A. Partners are encouraged to accept the

12 majority of trips. I believe that there might be

13 various literature that suggests 80 percent or 90

14 percent as a good threshold, as it maintains the

15 reliability of the platform.

16 Q. Okay. So what if somebody winds up

17 accepting only, you know, two-thirds of the trip

18 requests that are sent to them?

19 A. It's possible that, over a period of time,

20 if it's consistently like that, they might be sent

21 an e-mail encouraging them to increase their

22 acceptance rate while they're online or reminding

23 them that if they're not truly available for trip

24 requests or not interested in trip requests at that



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1 time, then it would be best to log off the system

2 and not make it appear that they're available for

3 requests when they're not actually available for

4 requests.

5 Q. The documentation refers to basically

6 competitors or similar companies to Uber. They

7 mention, what, Lyft and Sidecar. What, if anything,

8 do you know about how those companies operate?

9 A. To the best of my knowledge, their

10 operations are fairly similar to what I've just

11 described.

12 Q. Well, could somebody have, you know, three

13 different transportation network apps on his iPhone,

14 where, you know, where he logs on to Uber for a bit

15 and doesn't seem to be getting any trip requests,

16 logs off, and then goes on to Lyft, and so on?

17 A. Absolutely. And in fact a partner could

18 even be logged on to both apps simultaneously and

19 then see which one sends them a request first, or

20 wait for a request that is closer than the other

21 one. The Uber partner that picked me up yesterday

22 to take me to the airport actually had a Lyft sign

23 in his window. So it's relatively common.

24 Q. But the agreement says that when you're



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1 working for Uber, you can't be working for anybody

2 else?

3 A. So my understanding is that refers to the

4 time period when you're actually on a trip. And so

5 a partner would be expected, if they have accepted

6 an Uber trip request, to then not make themselves

7 available on other platforms for that period of

8 time. My understanding is not that it precludes

9 them from making themselves available for trip

10 requests simultaneously on other platforms.

11 Q. Okay. So if I'm hearing you correctly,

12 you're saying, as far as Rasier LLC or a Uber is

13 concerned, somebody could log on when they're, I

14 don't know, ten miles from the airport and get a

15 trip request for somebody going to the airport, and

16 then get a trip request from somebody at the airport

17 under Lyft or Sidecar and take them back home?

18 A. So I'm not sure I understood your scenario

19 completely. Once they've accepted a trip request

20 from the Uber platform, at that point in time and

21 until that trip is complete, then they would be

22 expected not to be on another platform and, for

23 example, you know, use that other platform to

24 decide, "Oh, I'm going to cancel this trip that I'm



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1 in the middle of and go do that other one."

2 But I guess if what you're saying is they

3 use the Uber platform to drop a passenger off at the

4 airport, and then when they're at the airport, after

5 the passenger is dropped off, then they can turn the

6 Lyft back on and see which one hits first, that

7 would be acceptable.

8 Q. And so I'm still not entirely clear. So a

9 driver gets this message that somebody wants a ride.

10 The driver, if I'm hearing you correctly, has no

11 idea of where the person is exactly, only that he's

12 somewhere nearby, and no idea of where the person

13 wants to go?

14 A. No. The screen will display where the

15 requester is. It will show their location. It will

16 not show where the requester wants to go until the

17 requester is in the car, and only in the case that

18 the requester has actually entered the destination

19 into the app. They have that option, or they can

20 verbally direct the partner where they want to go.

21 Q. Okay. So then what happens if the driver

22 accepts the request, the person gets in the car and

23 says, "Okay, take me to Boston," and he's down in

24 Miami. Can the Uber driver at that point -- I mean,



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1 he's accepted the trip. Can he then say, "That's

2 too far"?

3 A. At that point, the partner is free to say,

4 "I don't want to go to Boston. You should request

5 another -- get someone else," and at that point

6 cancel the trip after accepting it.

7 Q. Okay.

8 A. That can also happen earlier, before the

9 passenger even gets in the car, because they can

10 contact one another via phone or text.

11 Q. Okay. But I thought you said that, you

12 know, when I was asking about, like, you know,

13 competitors, that once a driver accepts the request

14 from Uber, they're expected to complete that trip at

15 least before going on and doing something else. So

16 what --

17 A. They can cancel that trip -- I'm sorry for

18 talking over you. Please continue.

19 Q. So what happens in a case like that, where

20 the driver has accepted a trip and then it turns

21 out, for whatever reason, the driver decides, "I

22 don't want to do this," before he's actually started

23 out, I guess, but still -- or it turns out that the

24 trip is longer or to a dangerous location or, for



115

1 whatever reason, the driver says, "Nah, I don't want

2 to do that anymore"? What happens -- what does the

3 driver have to do? What happens then?

4 A. So in that case, the driver is free to turn

5 down that trip after accepting it, and they can do

6 that through the app, and then it's over. And

7 that's clear from our terms and conditions.

8 The scenario that I was describing before

9 was, for example, if they're taking a passenger from

10 Point A to Point B, and they were to leave their

11 Lyft app on and the Lyft app says, "Hey, you've got

12 a request halfway in between," that they, with the

13 first passenger in the car, take a detour and pick

14 up another passenger that was requested through

15 another platform and commingle those two trips.

16 Q. Okay. All right. And so in the case of

17 that second scenario, the trip to Boston from Miami

18 that I was talking about -- the trip has been

19 accepted, but the driver doesn't actually take the

20 person to Boston -- does he get any sort of payment

21 at all for having shown up and having found out

22 where the customer wants to go?

23 A. It can depend on the circumstance. If it's

24 been over -- I can't remember the exact sort of



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1 logic that our system uses, but if it's been longer

2 than five minutes, and that's when the passenger

3 decides -- or that's when the trip is cancelled,

4 then the passenger will be charged $5.

5 Generally that circumstance doesn't usually

6 occur in this scenario, because if I am a rider and

7 I know I want to go hundreds of miles, I'll

8 generally request the trip, the driver accepts, and

9 I'll immediately call that driver and see if they're

10 willing to go that distance. And if they say no,

11 then one of us will just cancel the trip.

12 Q. So when the passenger through the rider app

13 requests a trip, what information are they given?

14 A. When the passenger requests a trip, they

15 see -- once the trip has been accepted, they'll see

16 the location of the vehicle. They'll be able to

17 watch that vehicle make its way toward them on the

18 map. They'll see the first name of the partner.

19 They'll see a photo of the partner. They'll see the

20 make and model and license plate of the vehicle.

21 And they'll see an estimated time for arrival. They

22 are also given the option to contact the driver, as

23 I mentioned, via phone or text.

24 Q. So then if the passenger, you know,



117

1 requests a ride and then they take a look at the

2 photo of the driver or get some information about

3 the car and for whatever reason they want to say,

4 "Well, I don't want to ride in a German car" -- I'm

5 just making something up -- can the passenger cancel

6 the trip at that point?

7 A. Yes, they can.

8 Q. Are they on the hook for some, you know,

9 fee, if they do that?

10 A. Again, only if it's been more than five

11 minutes. And, again, maybe there's a little more

12 logic in there, but only -- that's at least one of

13 their requirements for a cancellation fee, that it's

14 been more than five minutes.

15 Q. If the passenger cancels, does the driver,

16 who is sort of on his way but then gets notified, I

17 guess, that the passenger has cancelled, does the

18 driver get anything in that case?

19 A. Yes. When a cancellation fee is charged,

20 the driver gets that cancellation fee.

21 Q. The documents indicate that whether a

22 cancellation fee is charged or not is essentially up

23 to Uber. Is that correct?

24 A. The system automatically charges a



118

1 cancellation fee after the five minutes, in that

2 scenario that I've described.

3 Q. And what about in other circumstances?

4 A. I'm sorry. I'm not sure I understand.

5 Q. Well, if a passenger, a requester, I guess

6 is the term you're using, if the requester requests

7 a ride, and four minutes and 30 seconds later, you

8 know, less than five minutes, cancels it, but the

9 Uber driver has already started, he's driven a few

10 blocks and suddenly gets this message that the trip

11 is cancelled, what happens in terms of the

12 cancellation fee then?

13 A. In that case, the cancellation fee wouldn't

14 be charged.

15 Q. And what information about that is given to

16 the driver?

17 A. Ahead of time, you mean?

18 Q. Yes.

19 A. I believe that the service fee schedule

20 includes the cancellation fee, which is provided

21 along with the terms and conditions.

22 Q. Okay. So then once the driver has accepted

23 the trip, shows up where the passenger is, what does

24 the driver have to say or do at that point, if



119

1 anything?

2 A. Once the driver accepts the request, the

3 driver will then make their way towards the location

4 of the passenger. Again, they may choose to call or

5 text if they find the location to be confusing or

6 want additional clarification or want to ask the

7 destination, things like that.

8 They arrive at the location. The passenger

9 will get into the car, either enter their

10 destination into the app or verbally direct the

11 driver where they want to go. They'll make their

12 way to the destination. The passenger will exit the

13 vehicle. The driver will press the button on their

14 app that says the trip has been completed, and then

15 the passenger's credit card will be automatically

16 charged.

17 Q. And so getting from where the passenger is

18 picked up to where the passenger wants to go, who

19 decides about how, you know, what route the driver

20 is going to take?

21 A. That would be between the passenger and the

22 driver. Some passengers may choose to direct the

23 route. The driver may choose to use their GPS, or

24 they may choose to use their personal knowledge.



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1 Q. So there were some documents in the file

2 basically saying that Uber will advise drivers that

3 "It looks like your route on such-and-such a trip

4 was not the most efficient route" or something like

5 that. Is there some sort of communication from Uber

6 to the driver where they've gone on an apparently

7 roundabout trip?

8 A. That will only happen if a passenger feels

9 that they were taken on a roundabout route and then

10 the passenger writes into Uber, and then Uber will

11 look at the situation. But it's only at the request

12 of the rider.

13 Q. How does the driver get -- well, what

14 payment does the driver get for a standard,

15 straightforward sort of trip? How is that

16 determined?

17 A. So there's a rate schedule set forth in the

18 service fee schedule which includes a per-minute, a

19 per-mile and a base fare component. That can vary,

20 based on the exact geographical location, but

21 effectively there's the fixed portion, the time

22 portion and the distance portion.

23 And when the trip is completed, the smart

24 phone that the driver is using will send that



121

1 information to the servers. They calculate what

2 that route and total fare would be. They charge the

3 customer's credit card on behalf of the driver and

4 then transfer that payment, minus our fee, to the

5 driver's account, paid on a weekly basis.

6 Q. And why weekly? If the driver is driving,

7 you know, a couple of days a week, why wait for a

8 while before sending the payment to the driver?

9 A. I'm not part -- my guess is there's just a

10 high fixed cost with doing a hundred or so

11 transactions per person per week. And so if we send

12 it over weekly, then it, you know, eliminates some

13 of that fixed cost.

14 Q. In the documents that we've got in the

15 file, it looks like sometimes Rasier LLC will send

16 out a 1099 Misc. to the driver, sometimes a 1099-K,

17 which relates to basically credit card payments.

18 What makes the difference between what sort of 1099

19 form Rasier LLC sends out?

20 A. I'm sorry, I have no idea the answer to

21 that question. I am aware that we send partners a

22 1099 at the end of the year. I wasn't aware that

23 there were different types.

24 Q. Okay. Do you know if Rasier sends out more



122

1 than one kind of 1099?

2 A. I don't. I don't know.

3 Q. All right. So now, in the application

4 process, at least the agreement says that there are

5 certain restrictions on what sort of vehicle will be

6 acceptable to the company. Is that correct?

7 A. Our products are marketed as, again, as I

8 kind of described, different tiers of quality. So

9 customers are expecting, for the uberX, they're

10 expecting a vehicle ten years or newer with four

11 doors. For a uberSELECT vehicle, they're expecting

12 something that is more than that and of a nicer

13 quality, as I described. Likewise, for uberBLACK,

14 different expectations there.

15 Q. So if somebody is a collector of vintage

16 cars and, you know, wants to stand out from other

17 drivers by showing up in a '57 Chevy or, I don't

18 know, a 1965 Ford Fairlane or something, they

19 couldn't drive for Uber is what it sounds like

20 you're saying?

21 A. No, they wouldn't be able to put that

22 vehicle on the platform.

23 Q. All right. Now, in the document, there is

24 reference to an Uber driver having employees. What



123

1 provisions, if any, are there relating to whether a

2 driver can have employees of his own or her own?

3 A. To the best of my understanding, there are

4 two ways that this might happen. With our uberBLACK

5 product, the system is kind of explicitly set up for

6 this. And so the partner may be an owner of a

7 limousine company and that partner does or does not

8 drive, and then they have, you know, separate

9 drivers for their vehicles. So that partner may own

10 five vehicles but have ten drivers. There are all

11 sorts of arrangements that can be like that.

12 But uberX, it would kind of be -- you know,

13 our system would be agnostic to it. It's always the

14 driver that contracts with Rasier. But I could

15 imagine a scenario where, you know, outside of that

16 contract, a driver has a contract -- a personal

17 contract with the owner of a vehicle and uses that

18 vehicle for use on the Uber platform.

19 Q. So there are provisions that basically say

20 you can't, you know, lend or substitute, I guess,

21 the app -- maybe I misunderstood this, but it sounds

22 like one of the provisions is that you can't, you

23 know, lend or substitute your access as a driver to

24 somebody else. Is that correct?



124

1 A. That's right. With uberX and -- all those

2 scenarios, each driver needs their own account. In

3 uberX or other P-to-P products, each driver must

4 sign an agreement with Rasier.

5 Q. Okay. And --

6 A. But that doesn't mean they need to

7 necessarily own the vehicle. For example, you know,

8 as long as they're covered on the insurance for a

9 particular vehicle and the owner of that vehicle has

10 approved their use of the vehicle, that's okay. But

11 the driver must have signed that contract.

12 Q. So I just want to make sure that I'm clear

13 here. Let's say somebody who has been approved, who

14 is an Uber driver, has access to the Uber app but

15 for whatever reason decides that he himself doesn't

16 want to drive but is willing to, like, be a

17 passenger in the car and let his brother drive. So

18 the actual phone is being handled by the approved

19 guy, but the actual driving is being done by

20 somebody else. Under the terms of the agreement,

21 would that be acceptable?

22 A. His brother would have to contract with us

23 directly.

24 Q. Okay. All right.



125

1 A. For uberX, that is. Sorry. For uberBLACK,

2 as I described, the system is set up specifically

3 for that.

4 Q. Yes, I understand. Okay. So then at the

5 end of the ride, the documents seem to indicate that

6 the driver gets to rate the passenger and the

7 passenger gets to rate the driver. Is that correct?

8 A. That's correct.

9 Q. And how do they do that?

10 A. On each of their apps it will display five

11 stars to select from, and they can click on the star

12 rating that they feel was appropriate for that trip.

13 Q. Okay. And if a driver is consistently

14 getting, like, five stars, does he get a higher fee?

15 A. No.

16 Q. If he gets, like, three stars all the time,

17 does he get a lower fee?

18 A. No.

19 Q. Is a driver who gets less than -- I was

20 going to say stellar, but that maybe isn't the best

21 word. If a driver gets below-average ratings, is he

22 just kicked off the system?

23 A. There is a certain point after a number of

24 rides -- and the threshold goes up for different



126

1 numbers of trips completed -- a partner would

2 receive a warning that their ratings are

3 consistently lower than expected; and they have a

4 certain time period -- or not time period, but

5 number of trips over which to show that they can

6 increase their ratings or at some point might be

7 removed from access to the platform.

8 Q. Okay. And so if a driver does get a

9 warning that the ratings are low, are there certain

10 steps that a driver then has to take?

11 A. There's no specific steps the driver needs

12 to take, other than get higher ratings, I guess. If

13 at some point they're deactivated because their

14 ratings are too low, we do allow them to come back

15 on the platform under some cases if they've

16 completed an independent driver quality course. And

17 if they show a certificate that they've kind of

18 completed that course, then we'll allow them back on

19 the platform for a certain number of trips to see if

20 their rating has improved.

21 Q. And is it just a matter of the number of

22 stars -- what I'm thinking is this: Suppose riders

23 in a particular area expect to have, you know, hot

24 hors d'oeuvres served to them while they're riding



127

1 and a particular driver decides that, you know, he

2 doesn't want to mess his car up like that, so he

3 doesn't serve hot hors d'oeuvres, so he gets 3s

4 instead of 5s. Is the reason for low rating taken

5 into account?

6 A. No.

7 Q. Okay. Is there any particular uniform or

8 dress that a driver has to wear?

9 A. No.

10 Q. Is there any kind of sign or marking that

11 has to be displayed on the vehicle?

12 A. Only as required by law in certain

13 locations.

14 Q. You said that you were on a trip through

15 Uber and somebody had a Lyft sign in the window. So

16 other competitors with Uber, do they require some

17 sort of distinctive marking?

18 A. I think that likely depends on the

19 jurisdiction as well and the local laws. But I'm

20 not familiar with their requirements, if any.

21 Q. All right. So the driver for Uber has to

22 designate that he's going to use one -- well, can he

23 designate -- he might use one of three or four

24 different kind of vehicles?



128

1 A. Yes. A driver can do that.

2 Q. As long as the vehicles are up to the

3 standards that Uber approves?

4 A. Correct.

5 Q. And is there any requirement, in a

6 situation like that, that, you know, the driver use

7 a particular vehicle when he's driving for Uber?

8 A. No. As long as they are vehicles that are

9 eligible and have been properly added to the

10 platform.

11 Q. A driver's license is part of the

12 application process. What sort of driver's license

13 is required?

14 A. That, again, depends on the jurisdiction.

15 Some jurisdictions require a Florida driver's

16 license specifically, such as Palm Beach County or

17 Tallahassee. Other than that, any driver's license

18 would be acceptable.

19 Q. So a driver for Uber, for Rasier LLC,

20 wouldn't have to have, like, a chauffeur's license

21 or anything like that?

22 A. No.

23 Q. And so the driver also submits insurance

24 information; is that right?



129

1 A. Yes. A driver submits a copy of their

2 personal insurance.

3 Q. And so what sort of insurance coverage

4 requirements are necessary?

5 A. That, again, can depend on the

6 jurisdiction. In the State of Florida, various

7 levels of coverage are required, whether a vehicle

8 is being used for commercial activity or

9 noncommercial activity.

10 In the case of Rasier here, what we have is

11 the driver's personal coverage is verified that it

12 exists and is in operation, and then we have a

13 commercial insurance policy that applies for the

14 periods of time in which most personal insurance

15 policies are exempted from coverage.

16 Q. And how is that paid for, that coverage?

17 A. Our commercial insurance policy is -- it's

18 bought and purchased by Uber, or by Rasier,

19 actually. It is partially funded by a safety fee

20 that is charged to the drivers. So that's a $1 fee

21 per trip. That fee also partially funds our

22 background check processes.

23 Q. And so if a driver loses his license or

24 loses insurance for whatever reason, how does Rasier



130

1 find out about that, if it does?

2 A. We run annual background checks to include

3 the motor vehicle report. And so that would be how

4 we would see that they lost their license.

5 Otherwise we might be informed by a police

6 department or other means.

7 In terms of insurance expiring, we have the

8 insurance expiration date in our system, and so

9 we'll require that they upload new insurance when

10 that is renewed.

11 Q. So what if they don't?

12 A. If they don't upload it?

13 Q. Yes.

14 A. Then, in that scenario, an account would be

15 wait-listed until the person uploads a new document

16 showing that they have personal insurance.

17 Q. What other circumstances would there be

18 when somebody would be on a wait list where they

19 couldn't actually drive for Uber until, you know,

20 something else happens?

21 A. If any of the required documents were

22 expired, driver's license, registration, et cetera,

23 that might be a reason they're placed on the wait

24 list until they upload a new document. If there was



131

1 a particular incident, you know, between a passenger

2 and a driver or a driver and police that was, you

3 know, being investigated, that might be a reason why

4 they're removed from access to the platform for the

5 duration of that investigation.

6 Q. In the case of Mr. McGillis, the indication

7 in documents is that he was removed from access to

8 the app not long after there was an accident where

9 somebody ran into the door of his car. Is that

10 correct?

11 A. He was removed from access to the platform

12 after he went to the home of the rider involved in

13 that incident.

14 Q. That's according to what source of

15 information?

16 A. I believe, but I would have to verify this,

17 that the rider wrote in to say that. But it might

18 have also been that Mr. McGillis told us that he did

19 that. I'm not sure which.

20 Q. When you say "rider," the person who ran

21 into the door or the passenger --

22 A. Sorry. The passenger who had exited the

23 vehicle when the third party ran into the door.

24 Q. And so, then, was Mr. McGillis's access to



132

1 the application just put on hold, on a wait list, or

2 was he excluded from access to getting rides from

3 Uber at all, or what?

4 A. Once we had determined that it was likely

5 that he had gone to the rider's home, then we

6 decided to permanently remove his access to

7 receiving trips. He separately made a new account

8 after that without our knowledge and did have access

9 to the platform for a period of time.

10 Q. And what happened then?

11 A. At some point a customer service

12 representative noticed that the two accounts were

13 the same person and removed access to that account

14 as well.

15 Q. Okay. So the documents include information

16 where Uber says to drivers, you know, "When you

17 arrive at a passenger's location, you need to do it

18 in a certain way." Is that correct, that there are

19 statements like that from Uber?

20 A. Are we talking about the documents in the

21 very beginning of the exhibit?

22 Q. Well, for example, in the summary judgment

23 denial opinion, the judge reprints a little diagram

24 that seems to indicate that drivers are told they



133

1 should, you know, approach in this manner and so

2 forth. Are there actually communications from Uber

3 to drivers like that?

4 A. So, to the best of my knowledge, those

5 documents and similar documents have not been used

6 in the State of Florida.

7 Q. There's a document that's been submitted

8 that looks like it's a message from Uber about ways

9 to avoid getting in trouble if an Uber driver picks

10 up a passenger at the Miami airport. Are there

11 messages like that from Uber?

12 A. There have been messages such as that one

13 in cases where we believe that we're -- that the

14 platform is not in violation of local laws and, you

15 know, any citation officer might be interpreting it

16 incorrectly. And that, of course, significantly

17 disrupts the rider experience and the driver

18 experience, and so we'll send out information on

19 those happenings.

20 Q. Okay. Well, now, if Uber thinks of

21 itself -- some of the documents seem to say this:

22 Uber thinks of itself simply as a software company.

23 It makes connections or facilitates connections

24 between people who want to ride and people who are



134

1 willing to give a ride.

2 If there is something like that that's

3 going on -- but perhaps I misunderstand what Rasier

4 LLC's position is on that. Is that Rasier's

5 position as to what Uber is really doing?

6 A. Yes. That's essentially how we operate.

7 Q. But if that's the case, you see lots of

8 news stories about, you know, regulatory issues,

9 say, with Broward County or you've perhaps indicated

10 that there might be some regulatory issues with the

11 Miami airport. If all that Uber is doing is

12 facilitating some sort of communication between

13 customer and driver, why is Uber getting involved

14 with what's actually happening on the ground?

15 A. As I mentioned before -- and I think your

16 characterization is correct, that in most of the

17 cases, the regulations kind of don't speak to our

18 position in this industry or our place in the role

19 that we're playing; but nevertheless, they intend to

20 sometimes change laws in order to encompass that.

21 So you've seen various cities or counties

22 pass regulations referring to transportation network

23 companies and the actual transportation network,

24 which is exactly what you describe, the network that



135

1 connects the riders and the drivers.

2 If you take the case of the Miami airport,

3 it's because, again, when people are -- if an

4 officer feels, in my opinion incorrectly, that

5 something is occurring in violation of local

6 ordinances and they issue tickets, that disrupts our

7 network. And so that's why we would involve

8 ourselves in that case.

9 Q. By the way, is there some particular

10 frequency or band at which information is sent

11 between drivers and Uber?

12 A. I'm not 100 percent sure what you're

13 asking. I think you may be asking in terms of

14 e-mails that we send to driver partners?

15 Q. Well, actually I'm asking something --

16 maybe I'm asking a little different. Maybe I'm just

17 out of my depth scientifically here.

18 When I'm buying a book from Amazon on my

19 Kindle, they have a connection which they call

20 Whispernet, whatever that connection is. So if I

21 tell Amazon, you know, I want to buy such and such a

22 book, it will be delivered. And sometimes they'll

23 say, "Delivering the book by Whispernet," which

24 suggests that Amazon has set up its own sort of



136

1 private communication network throughout the

2 country.

3 Now, I may be misunderstanding what they've

4 actually done, but that's what, you know, it seems

5 to imply. So what I was asking is, is there some

6 sort of special, you know, private communication

7 network between, you know, Uber that might exist

8 throughout the country or most of the country and

9 the drivers when they're active and are on the

10 system?

11 A. I don't think in the exact manner you're

12 describing. Both the rider app and the driver app

13 connect to our servers and interact with our systems

14 to log on and log off and, you know, exchange GPS

15 information, for example, or exchange rider

16 requests, for example.

17 I am certainly not an expert in what Amazon

18 does. My assumption is that Whispernet is just how

19 they talk about using cellular technology to

20 transfer books. And I would imagine that they are

21 the same AT&T and Verizon networks that we use.

22 Q. Okay. And I don't know either, but I

23 wanted to ask just in case there was some special

24 connection.



137

1 Okay. So drivers are expected or at least

2 it's hoped that they will accept most of the

3 instances that Uber informs them that they're the

4 closest available to a customer who wants a ride,

5 correct?

6 A. That's right. They're certainly not

7 expected to make themselves available, but we're

8 asking them, when they do make themselves available,

9 that they're accepting the majority of those trips

10 for reliability.

11 Q. And are drivers required to log on, like,

12 any particular number of days per week?

13 A. No, they're not. I think, as you made

14 reference to before, there may be a time period in

15 the contract, but there's effectively nothing behind

16 that. Their account might be temporarily changed to

17 inactive and then could just be reactivated at their

18 request.

19 Q. If there a two drivers that are essentially

20 equally close to a customer, a requester, how does

21 the system decide which one gets the call first?

22 A. I don't actually think that scenario is

23 possible. When we're talking about distance, we're

24 using GPS out to some degree of decimal point that I



138

1 think it's highly unlikely that two cars that are

2 available are exactly the same distance.

3 Q. Okay. So within a few inches could make a

4 difference?

5 A. I'm certainly not a software nor GPS

6 engineer, but to the extent that the GPS reports

7 accuracy to that amount, then, yes.

8 Q. Okay. And so I just want to make sure. So

9 when a driver doesn't accept the request -- the time

10 period expires and you haven't accepted the

11 request -- is the driver charged anything?

12 A. No.

13 Q. Now, the documents refer to -- and in fact

14 it's sort of a well-known feature, I guess, of Uber

15 and maybe the others as well, that they engage in

16 surge pricing. And if I understand the concept

17 properly, in times when there's lots of demand for

18 the services, the price goes up over what it would

19 otherwise be if, you know, demand wasn't so high.

20 So maybe I'm misunderstanding the whole concept of

21 surge pricing, but is that basically something Uber

22 does?

23 A. That is correct. Just to clarify, it's not

24 simply tied to demand; it's tied to the balance



139

1 between demand and supply in the form of partners

2 who have made themselves available. So it's more

3 about when demand exceeds supply.

4 Q. Okay. And there's some sort of algorithm

5 that the Uber server, somewhere in San Francisco,

6 applies to determine that?


8 Q. So when there is surge pricing in effect,

9 the passenger is being charged more, correct?

10 A. Yes.

11 Q. Is the driver receiving more?

12 A. Yes.

13 Q. And the documents, some of them that I've

14 seen, look like they're saying to drivers, you know,

15 "You'll be guaranteed X number of dollars per hour

16 under these circumstances." Are there messages that

17 Uber sends out to drivers of that sort?

18 A. From time to time we'll tell driver

19 partners that a certain period of time or certain

20 location we'll guarantee that they'll receive a

21 certain amount of fares. And this is used to

22 correct the information asymmetry that exists when

23 we're reasonably confident that demand will be very

24 high and drivers may not know that. And so this is



140

1 kind of where how we put our money where our mouth

2 is to improve that and encourage them to do that.

3 Q. So why state it in terms of an hourly rate?

4 A. It's often the decision of terms simply

5 because that's the easiest to communicate. You

6 know, when you think about how busy it will be or

7 how much money you could make, I think those are

8 terms that people will often use.

9 There are times when I've seen experiments

10 with other messaging saying, you know, "We'll

11 guarantee that you'll make this much per trip," or

12 "We'll guarantee that you'll receive this many

13 trips," and other ways to communicate that as well.

14 Q. So when you speak in terms of a guarantee

15 per hour, what, it's just to make it easy for the

16 driver to understand, or is there something else

17 going on?

18 A. I think that's the easiest way to explain

19 statistically. Again, you know, we're not -- if

20 we're doing this correctly, then we predicted that

21 demand will be high enough that the drivers will

22 make that much or make more money, and we actually

23 end up not needing to pay anything out.

24 Q. Now, if I'm driving home -- usually home, I



141

1 don't see it in the morning -- but I'm driving home

2 on I-95, the Interstate down to South Florida, from

3 time to time I'll look over, I'll see a van passing

4 me by that will have -- you know, be all decorated

5 with things that say, you know, "Call so-and-so," or

6 "Download our app," like My Florida Car,

7 Incorporated, or there may be some others, that are

8 displaying some sort of a website. Are they doing

9 the same sort of thing as Uber, or are they doing

10 something else?

11 A. When you say "they," you mean the driver

12 partners?

13 Q. They -- those other companies that are, you

14 know, painting their vehicles with advertising and

15 saying, you know, "Give us a call for rides," or

16 "Download our app.' Do you know anything about

17 those?

18 A. You're asking if those vehicles that you're

19 describing are in the same business that we're in?

20 Q. Yes.

21 A. I mean, it would really depend on the

22 particular business. You may be describing a taxi

23 company that has simply painted things on the side

24 of the cars that they own. In that case I would say



142

1 that's not exactly the same as what we're doing.

2 But for all I know, Lyft or Sidecar, I guess -- I've

3 never seen that, so -- you've got have to give me a

4 more specific circumstance.

5 Q. Okay. Now, when you read in economics from

6 time to time -- not that I'm an expert in economics,

7 but I've read my share of, you know, essays and

8 books and so on -- one of the things they often say

9 about taxis is that, perhaps surprisingly, it's very

10 often the case that taxi drivers will drive until

11 they reach some, in effect, predetermined amount of

12 earnings for the day, enough to pay the fee to the

13 taxi company plus something, and then they'll stop.

14 Do you know if Uber drivers do the same?

15 A. There are so many driver partners, you

16 know, over 10,000 in Florida alone. I would imagine

17 any -- you could find a partner that does anything.

18 Q. Okay. Could a taxi company just sign up

19 for the Uber app?

20 A. There are cities, not in Florida, where we

21 do partner with taxi companies. And so, you know,

22 say, Washington, D.C., New York City, Chicago, for

23 example, you can request a taxi through the Uber

24 app.



143

1 Q. Why not in Florida?

2 A. We've just never made the business decision

3 in any particular market that that was a product

4 that we wanted at a particular time.

5 Q. And would that be a different sort of

6 product, like uberBLACK as opposed to uberX?

7 A. Exactly. So when you open up the app in a

8 situation where there's more than one product

9 available, which is the case in almost every market,

10 you see a slider at the bottom where you select the

11 product that you want to request, uberX, uberSELECT,

12 uberBLACK, et cetera. In the cases that we have

13 uberTAXI, it would be another slider next to

14 those -- or another selection on that same slider,

15 is what I mean.

16 Q. All right. Does Uber reimburse drivers for

17 any of their gas, oil, maintenance, anything like

18 that?

19 A. No.

20 Q. Does Uber reimburse drivers for any of

21 their insurance costs?

22 A. No.

23 Q. Is there anything further that you wanted

24 to tell me about the issue as to whether drivers for



144

1 Uber are employees or independent contractors?

2 MR. WILSON: I have some follow-up

3 questions -- this is Courtney Wilson -- if now is

4 good time.

5 HEARING OFFICER HOUSER: That's fine. If

6 you want to jump in and begin your direct, that's

7 okay with me.

8 DIRECT EXAMINATION

9 BY MR. WILSON:

10 Q. Mr. Gore, do Uber drivers have any

11 regularly set hours?

12 A. No.

13 Q. Are they at any time required to be logged

14 on to the Uber application?

15 A. No.

16 Q. And when they make the choice to be logged

17 on to the Uber application, are they free to accept

18 or reject any ride requests?

19 A. Yes.

20 Q. And even after they accept a ride request,

21 are they free to cancel that ride before picking up

22 the passenger?

23 A. Yes.

24 Q. And are Uber drivers required to display



145

1 any Uber logos, trademarks, or wear Uber uniforms

2 when they are using the Uber app?

3 A. Only where required by law.

4 Q. Does Uber own any cars in Florida?

5 A. No.

6 Q. Does it repair or maintain any cars in

7 Florida?

8 A. No.

9 Q. Does it have any facilities to store

10 maintain, repair, refuel or park cars in Florida?

11 A. No.

12 Q. Can Uber give anyone a ride in Florida?

13 A. No.

14 Q. Does Uber provide any tools or equipment to

15 drivers, except in the case where the driver chooses

16 to lease a smart phone from Uber?

17 A. Except in that case. We'll also at times

18 supply a phone mount for that phone.

19 Q. What does a phone mount do?

20 A. It's just a suction cup holder for that

21 phone.

22 Q. When Uber adds a driver --

23 A. Which they don't have to use. It's

24 optional.



146

1 Q. When a driver is added to the Uber

2 platform, is there any cost, marginal cost, to Uber?

3 A. No. I guess the background check.

4 Q. And that is paid for in part through the --

5 A. Funded through the safe ride fee.

6 Q. When the driver joins the Uber app, is the

7 driver required to provide their automobile?

8 A. Yes.

9 Q. And the driver is required to maintain the

10 automobile?

11 A. Yes.

12 Q. And the driver is required to fuel the

13 automobile?

14 A. Yes.

15 Q. And the driver is required to maintain

16 insurance on the automobile?

17 A. Yes.

18 Q. Does that Uber driver have a supervisor at

19 Uber?

20 A. No.

21 Q. Does anyone at Uber monitor their

22 performance when they're driving from Point A to

23 Point B?

24 A. No.



147

1 Q. Does Uber provide evaluations to drivers

2 other than the five-star system?

3 A. We don't provide evaluations. We'll send a

4 weekly e-mail that tells them about their stars.

5 Q. That's just the five-star rating?

6 A. Yes.

7 Q. And the only input Uber gets of the

8 five-star rating is from customers who choose to

9 participate in that program?

10 A. Yes.

11 Q. And Uber doesn't provide any information to

12 the customers about --

13 HEARING OFFICER HOUSER: Sir, I tend to be

14 fairly lenient about these things, because, as I

15 said, way back when, these are relatively informal

16 legal proceedings.

17 Nevertheless, if you're asking what amounts

18 to leading questions to your own witness, keep in

19 mind it will tend to diminish the witness's

20 credibility, because I'm not hearing necessarily

21 what the witness knows; it's simply an agreement

22 with what question you're asking.

23 And so you may want to just make sure that

24 you're not asking a question that is so suggestive



148

1 or leading that it runs into that column.

2 MR. WILSON: Okay. I appreciate that.

3 HEARING OFFICER HOUSER: It's just a

4 caution about the form of the question. Obviously

5 on cross-examination you can lead as much as you

6 want, but, you know, just be careful about your own

7 witness.

8 BY MR. WILSON:

9 Q. What information, if any, does Uber provide

10 to customers to assist them in providing opinions

11 through the five-star system?

12 A. None that I'm aware of.

13 MR. WILSON: Bear with me just a moment.


15 MR. WILSON: I think I'm done soon.

16 Okay. I don't have any further questions.

17 Thank you.


19 Liss-Riordan, do you have questions for Mr. Gore?

20 MS. LISS-RIORDAN: Yes, I do.

21 CROSS EXAMINATION

22 BY MS. LISS-RIORDAN:

23 Q. So, Mr. Gore, am I correct that Uber

24 markets itself as "Your Own Private Driver"?



149

1 A. I believe the slogan is "Everyone's Private

2 Driver," but that is a slogan that's used.

3 Q. And Uber advertises to customers who are in

4 need of car service that they can use Uber in order

5 to obtain transportation to get them from one place

6 to another, correct?

7 A. I'm not aware that we have used the phrase

8 "car service," but I think generally what you're

9 referring to -- yes, we advertise that our platform

10 is available for people who want to get from Point A

11 to Point B.

12 Q. Okay. And, Mr. Gore, how many Uber drivers

13 are there in Florida?

14 A. I don't know the exact number, but, as I

15 stated before, it's over 10,000.

16 Q. Okay. And none of these 10,000 drivers are

17 currently in the Florida unemployment system because

18 of Uber's classification that they're independent

19 contractors; is that correct?

20 A. Not as far as I know.

21 Q. Okay. Now, let me ask you a little bit

22 about when a driver wants to get started with Uber.

23 You answered some questions before about what a

24 driver has to do.



150

1 There are no special educational

2 requirements to become an Uber driver, correct?

3 A. By "educational requirements," you mean

4 certification or something like that?

5 Q. No. Do you have to have had any academic

6 educational background to become an Uber driver?

7 A. No.

8 Q. Do you need to have any previous experience

9 in car service to be an Uber driver?

10 A. You have to have at least one year of

11 having had a driver's license.

12 Q. Okay. But do you need to have had

13 experience as a limo driver?

14 A. No.

15 Q. Do you need to have had experience as a cab

16 driver?

17 A. No.

18 Q. Do you need to have any particular prior

19 work experience at all?

20 A. No.

21 Q. Basically you just need a driver's license,

22 correct?

23 A. Among other requirements, as I described.

24 Q. Okay. And Uber advertises for drivers



151

1 under the "Jobs" section of Craig's List, correct?

2 A. I know we advertise on Craig's List. I

3 don't know specifically what sections.

4 Q. I think you said before that, when a driver

5 starts driving for Uber, they have to pass a

6 background check, right?


8 Q. And you conduct these background checks,

9 you said, annually on the drivers?

10 A. They're conducted annually by a third-party

11 background check provider.

12 Q. Uber hires that third-party background

13 check provider to conduct the background checks,

14 correct?

15 A. Yes.

16 Q. And I think in your answer to your

17 questions before you were describing forms -- a

18 document that you would send a driver if something

19 came up in their background check that might

20 disqualify them from being an Uber driver; is that

21 right?

22 A. Yes. If we choose not to contract with

23 them, we'll send them a letter explaining that.

24 Q. And you do that in order to comply with, I



152

1 think you referred to, the FCRA, Federal -- is it

2 Fair Credit Reporting Act?

3 A. Yes. It's my understanding that any use of

4 a third-party background check requires -- if you

5 take any adverse action based on information

6 provided in that background check.

7 Q. Okay. And you do that because the FCRA

8 requires that employees who are disqualified from

9 employment due to something that comes up in their

10 background check have to get certain notices,

11 correct?

12 A. I'm not a lawyer, and I'm certainly not

13 familiar with the FCRA to that extent of detail,

14 what in it requires us to do it or not.

15 Q. Okay. But Uber does it -- I think you had

16 testified before that, under the FCRA, you send

17 these notices out. And so you do that because the

18 FCRA requires that employees who are disqualified or

19 potentially disqualified based on a background check

20 have to get certain notices; isn't that right?

21 A. You're asking me what in the FCRA requires

22 that, and I don't know is the answer. To the best

23 of my knowledge, it is simply that the FCRA requires

24 them.



153

1 Q. Okay. And, Mr. Gore, would you agree Uber

2 has invested heavily in creating this platform to

3 provide transportation services to riders?

4 A. We've invested heavily in our platform, but

5 it provides transportation network services,

6 provides connection from the rider to the driver.

7 Q. Okay. And I have read in the press that

8 Uber has raised something on the order of $5 billion

9 in funding. So am I correct that Uber has raised

10 something in that region to finance its operation?

11 A. That sounds about right to me. I also only

12 know what I read in the news.

13 Q. Okay. All right. And so would you agree,

14 then, that Uber has invested quite heavily, spending

15 billions of dollars setting up this system by which

16 rides can be provided by drivers to customers?

17 A. I don't know if the actual investment in

18 our platform has been in the billions, and, again,

19 I'm not necessarily agreeing with your

20 characterization of what the platform does, but we

21 have invested heavily in this platform.

22 Q. Okay. Potentially on the order of billions

23 of dollars, correct?

24 A. Potential.



154

1 Q. Okay. Now, you talked a little bit about a

2 rating system that Uber uses whereby customers, at

3 the end of their ride, can rate drivers?

4 A. Yes. At the end of the ride, riders can

5 rate drivers and drivers can rate riders.

6 Q. Okay. And then the drivers get their

7 ratings -- their average ratings on a weekly basis;

8 is that right?

9 A. In most cases. There may be certain areas

10 where that e-mail isn't sent out. A driver can log

11 in at any time to see their average rating, though.

12 Q. They can log in at any time, and they also

13 get them sent it them periodically so they know what

14 number Uber has for them as their rating, right?

15 A. I believe it's sent periodically, but I

16 don't think it's sent periodically in all cases is

17 what I am saying. There may be some markets where

18 it's not sent.

19 Q. And the drivers have to keep up a certain

20 minimum rating in order to continue driving for

21 Uber, correct?

22 A. Yes.

23 Q. And they could be subject to being

24 terminated, or I understand Uber's word is



155

1 deactivated, if they don't keep up that minimum

2 rating, correct?

3 A. Yes.

4 Q. Okay. And in Florida, in southern Florida,

5 has that minimum rating been somewhere around 4.6 on

6 a 5-point scale?

7 A. That sounds correct to me. It may have

8 changed at various points in times.

9 Q. Who decides what the minimum rating is?

10 A. I guess the general manager of a market.

11 So the general manager of South Florida.

12 Q. So the general manager in South Florida

13 could change that up or down as he saw fit?

14 A. Yes. I don't know if in practice that he

15 would, but he could.

16 Q. Okay. Well, if you ever came to the point

17 where you had too many drivers on the system and you

18 wanted essentially to drop some of the drivers, you

19 could raise the minimum rating, right?

20 A. I think you could do that to do what you're

21 describing. I don't think that we would, but...

22 Q. And if you ever needed additional drivers,

23 you could drop the minimum rating in or order to

24 keep people driving for Uber, right?



156

1 A. I agree that would have that effect.

2 Again, I don't think that that would be how we would

3 accomplish it.

4 Q. Okay. Do you know whether that's happened

5 in Florida?

6 A. I don't believe that it's happened in

7 Florida.

8 Q. Now, when the drivers get these e-mails

9 that have their ratings, do they also include

10 comments that they've gotten from customers or

11 feedback on what customers have been saying about

12 them?

13 A. It can include verbatim feedback that

14 customers have left for them.

15 Q. So Uber drivers will get these e-mails

16 telling them what their ratings are and basically

17 telling them how they've been performing over that

18 week, right?

19 A. It will tell them what feedback customers

20 have left. It could have been about any time.

21 Q. And so if customers make particular

22 complaints about drivers, do those get passed on to

23 the drivers so that they can fix those complaints --

24 can fix whatever issue led to those complaints?



157

1 A. It would depend on the nature of the

2 complaint.

3 Q. So that does happen from time to time?

4 A. It could happen, yes.

5 Q. Okay. Now, when I asked you about drivers

6 being deactivated because of low ratings, is there a

7 system by which drivers who fall under the minimum

8 rating, say it's 4.6, get automatically deactivated?

9 A. As I described before, there's a different

10 threshold, and I'm not exactly familiar with each

11 number, but after different amounts of trips. So,

12 for example, say you have an average of 4.6 after

13 five trips. Nothing is going to happen, right?

14 There's one threshold where they'll be sent

15 an e-mail telling them that their rating is falling

16 below, you know, some threshold. And then I believe

17 that would precede a follow-up e-mail at a different

18 time that they've fallen below the 4.6 threshold

19 that you're referring to and are being deactivated

20 and offering them the opportunity, in most cases, to

21 do a third-party driver quality course.

22 Q. Who makes the decision about whether

23 someone will be deactivated if their rating has

24 fallen to a certain point?



158

1 A. As I mentioned before, the general manager

2 will make the decision to set up the system, and

3 then once that decision is made, then it's

4 automated.

5 Q. Okay. But I thought you just said that if

6 the minimum is 4.6 and they fall to 4.5, they won't

7 automatically get deactivated, right?

8 A. No. What I was describing is that there

9 are a different number of trips that trigger these

10 thresholds. So, again, I don't know the number off

11 the top of my head, but I'm explaining that it's

12 probably after 25 or 50 trips, right, that they'll

13 look at the rating, send an e-mail about that

14 rating. It won't happen after five trips, for

15 example.

16 Q. Okay. So you're saying they'll look at the

17 rating and they'll send an e-mail. So the general

18 manager or someone in the office is looking at it

19 and deciding, Okay, it's time we'd better send this

20 driver an e-mail. It's not automatically cut off?

21 A. It is automated.

22 Q. It is automated?

23 A. Yes.

24 Q. Okay. But I thought you just said that they



159

1 look at the rating and they decide --

2 A. It's a system -- the system, this automated

3 system I'm describing will look at the number of

4 trips and process those thresholds. That's what I

5 meant by "look at."

6 Q. Okay. So is there a system by which drivers

7 get e-mail warnings if their ratings are at risk of

8 being too low and getting them deactivated?

9 A. Yes. There would be that same system I was

10 describing.

11 Q. Okay. So they get warnings and then a

12 certain amount of time to bring the rating back up?

13 A. Certain number of trips, generally.

14 Q. Okay. And now you said that if the driver

15 does get deactivated based on a low rating, they

16 can -- they have an option of taking a training

17 class, which would make them eligible to be

18 considered for reactivation; is that correct?

19 A. There's a third-party course that's offered

20 by various companies on driver quality.

21 Q. Okay. So does Uber put the driver in touch

22 with these potential courses they can take?

23 A. I believe in some cases, in some markets.

24 We may first tell them about one or more courses



160

1 that are available in the area.

2 Q. Okay. And so if the driver has been

3 deactivated for low ratings, takes a training class,

4 does that then make them eligible to be considered

5 to be reactivated?

6 A. In that circumstance, if they send us a

7 completion certificate from that third-party

8 training course, then they'll be reactivated for

9 some number of trips to evaluate whether their

10 ratings have improved or not.

11 Q. Okay. And are they automatically

12 reactivated, or does the manager or someone in the

13 office make a decision about whether to let them be

14 reactivated?

15 A. I don't believe anyone is making a

16 decision. If they send in their certificate of

17 completion, then they will be reactivated.

18 Q. Okay. And then who decides what

19 opportunity they get to try to bring their rating up

20 to a sufficient standard after they've been

21 reactivated?

22 A. Then that would be part of the parameters

23 of this kind of automated program that I set forth.

24 So, again, the general manager might set the



161

1 parameters for this automated program, the various

2 thresholds and rating thresholds, and then it would

3 be automated from that point on.

4 Q. Is every driver who is deactivated for low

5 ratings given an opportunity to get reactivated by

6 taking a training class or only some drivers?

7 A. Yes. Every driver, if that's the reason

8 they were deactivated.

9 Q. What if a driver gets deactivated, takes a

10 training class, and then still has low ratings?

11 They get deactivated again?

12 A. After some threshold.

13 Q. And then can they take a training class

14 again to get reactivated again?

15 A. No.

16 Q. Okay. So they only get one opportunity to

17 do that?

18 A. Yes.

19 Q. Do you know whether any drivers have ever

20 been given yet another chance?

21 A. I don't know.

22 Q. We talked a little bit earlier about some

23 of the things that Uber measures for its drivers,

24 and one of them is acceptance rate. Does Uber keep



162

1 track of what each driver's acceptance rate is?

2 A. Yes.

3 Q. Okay. And you agreed that drivers are

4 generally expected to accept at least 80 or 90

5 percent of the ride requests that they get while

6 they're logged in?

7 A. Yes.

8 Q. Okay. And Uber discourages drivers from

9 cancelling ride requests; isn't that right?

10 A. I don't think that that's really true.

11 Q. Well, that doesn't lead to a good customer

12 experience, does it, if they request a driver, the

13 driver shows up and then decides they don't want to

14 take them or cancels them? That's not good for

15 Uber, right?

16 A. Generally cancellations would have kind of

17 one of the reasons we talked about behind them. So

18 I think it's more of an individualized decision on a

19 driver's behalf.

20 Q. But Uber would prefer that drivers are not

21 cancelling customers, right?

22 A. It depends -- it would depend on the

23 circumstance. If I'm a customer and a driver is

24 stuck in traffic and isn't going to reach me,



163

1 sometimes they'll cancel out of courtesy. They'll

2 call me and let me know they're cancelling. I don't

3 think it's really possible to characterize a

4 generalized cancellation preference.

5 Q. Okay. Well, what if a driver shows up and

6 finds out that the customer is going somewhere, like

7 the Hearing Officer -- the driver thinks it's a bad

8 neighborhood and would prefer not to take the

9 passenger there? Does --

10 A. That's the driver's prerogative. I'm sorry

11 for speaking over you. Your question?

12 Q. Does Uber discourage drivers from

13 cancelling rides because they don't want to take a

14 rider to a specific neighborhood?

15 A. Not that I'm aware of.

16 Q. So it's possible, then, that Uber drivers

17 may not service certain neighborhoods if the drivers

18 don't feel comfortable going into them?

19 A. That's possible.

20 Q. And also there was --

21 A. But then there will be another driver who

22 will do it.

23 Q. Okay. But there may be neighborhoods where

24 it's hard to get a driver who wants to go into them,



164

1 right?

2 A. I've never encountered that hypothetical

3 that you're describing, but it's certainly possible.

4 Q. Okay. And it's not good for Uber if there

5 are neighborhoods that drivers are refusing to go

6 into, right, because doesn't that restrict the

7 service area able to provide transportation services

8 to passengers for?

9 A. I agree it wouldn't be good. In practice,

10 the situation you're describing doesn't occur. Part

11 of the safety features that are inherent to our

12 platform that makes it attractive for our drivers to

13 partner with us is that they're not carrying cash;

14 the credit card is automatically charged. And so in

15 general, you know, the idiosyncrasies of the Uber

16 platform make partners feel comfortable going places

17 that they might not otherwise feel comfortable.

18 Q. Okay. You talked a little before -- or you

19 were asked some questions about the airport. I

20 understand Uber has had some issues with the

21 authorities with drivers going to Miami Airport?

22 A. Can you describe what you mean by "issues

23 with the authorities."

24 Q. Yes. Well, Uber drivers have not been



165

1 particularly welcome at the Miami Airport; is that

2 right?

3 A. I mean, we have had conversations with the

4 airport that I think have been quite cordial. There

5 are officers who have felt that Uber partners are in

6 violation of ordinances and have issued citations,

7 as I'm sure you're alluding to. So it depends on

8 the circumstance.

9 Q. Okay. And when Uber drivers have been

10 issued citations at Miami Airport, Uber has paid for

11 those tickets; is that right?

12 A. In many cases we've offered to reimburse

13 them as a courtesy, or appeal them as a courtesy.

14 Q. Okay. And you've given -- Uber has given

15 drivers advice about how to handle the airport and

16 how to stay off the radar screen at the airport,

17 right?

18 A. Yes. You could say that.

19 Q. And you've instructed drivers, for

20 instance, not to have your -- not to have their

21 phone and mounts up on their windshield when they're

22 at the airport, right?

23 A. I don't think we've instructed them to do

24 that, but in the e-mail, we've suggested that that



166

1 might lead to a smoother experience.

2 Q. And you've also suggested that they ask the

3 passenger to ride in the front seat with them so

4 they don't look like it's an Uber ride, right?

5 A. That's been a past suggestion.

6 Q. Okay. And then going back to my question

7 before, I mean, Uber would prefer that drivers not

8 cancel trips to the airport, right, because that

9 would reduce Uber's services in providing

10 transportation for passengers to the airport, right?

11 A. Again, if a driver prefers not to go to the

12 airport, that's certainly their prerogative, and a

13 passenger could simply request another driver.

14 Q. But if a passenger has to request another

15 driver because a driver has accepted the ride but

16 then cancelled, then that passenger is going to

17 experience a delay in getting a car, right?

18 A. They would, yes.

19 Q. And that's not good for the Uber

20 experience, right?

21 A. It's not ideal, but it's allowable.

22 Q. So would you agree that Uber would prefer

23 that drivers don't do that, they don't cancel trips

24 that customers request to the airport?



167

1 A. Again, you know, we'd prefer that all

2 parties involved have the smoothest experience

3 possible, but it's within their right to do so.

4 Q. Okay. Now, as you described before, in

5 order to become an Uber driver, a driver has to go

6 through an application process whereby they go

7 through a background check, show their driver's

8 license, et cetera, correct?

9 A. I referred to it more as a sign-up process,

10 but, yes, they upload various partner information

11 and consent to us performing a background check.

12 Q. Okay. And once a driver goes through that

13 process, they get their own unique ID number or

14 login credentials, correct?

15 A. Yes.

16 Q. Can a driver have somebody else drive under

17 their ID or login credentials?

18 A. Again, as we talked about earlier, with

19 uberBLACK, a partner can have various drivers on

20 their account. With the peer-to-peer products of

21 uberX, each driver must have their own credentials.

22 Q. Okay. And even with uberBLACK, where a

23 driver could have other drivers under their account,

24 every driver under the account still has to go



168

1 through the process of showing their license and

2 submitting to the background check, right?

3 A. Yes, that's correct.

4 Q. And every driver who drives for Uber has to

5 sign a contract with Uber or agree to a contract

6 electronically with Uber, correct?

7 A. I don't know that the drivers who drive

8 under a specific partner for uberBLACK have their

9 own contract with Uber, but in the case of uberX,

10 yes.

11 Q. Okay. So in the case of uberX at least,

12 you're saying that every driver has to have their

13 own contract, has to have their own ID number,

14 right?

15 A. Yes.

16 Q. Okay. And it would be against Uber's rules

17 for somebody to let somebody else drive under their

18 password and login information, correct?


20 Q. Okay. And that's to ensure that everyone

21 who is driving for Uber is aware of their

22 obligations and requirements, correct?

23 A. That's to ensure that the person who the

24 passenger expects is coming to pick them up is the



169

1 person that they say they are and that they've had

2 the background checks that we've told them have been

3 conducted.

4 Q. Okay. So if, let's just say, an uberX

5 driver wanted to hire another uberX driver as an

6 employee, the other driver would still have to go

7 through this process of submitting to the background

8 check, showing their license, and agreeing to the

9 agreement, correct?

10 A. That's correct, under our current set-up.

11 Q. Okay. Now, Uber sets the rates that

12 passengers pay for the car service, correct?

13 A. Yes.

14 Q. And it's a formula based on both time and

15 distance, right?

16 A. Correct. Generally speaking. There could

17 be cases where it's a flat fee per one location to

18 another.

19 Q. Okay. But usually it's a formula based on

20 time and distance?

21 A. Usually, yes.

22 Q. And you talked before about surge pricing.

23 From time to time, Uber multiplies the rate by some

24 factor when demand is high, and that's called surge



170

1 pricing, right?

2 A. That's right.

3 Q. And it's Uber who sets the surge price,

4 right?

5 A. Yes. Our algorithm.

6 Q. The drivers don't set the rates; it's Uber

7 who sets the rates, right?

8 A. Yes.

9 Q. And it's Uber that sets the percentage

10 commission that Uber takes from the fares, right?

11 A. Well, that's in the contract between Uber

12 and the driver. So, I mean, it's between them. They

13 could negotiate a different one.

14 Q. Okay. Well, Uber generally takes 20

15 percent from uberX, from every uberX fare; is that

16 right?

17 A. That's our current standard service fee in

18 most areas.

19 Q. Okay. But then for some Uber services Uber

20 takes a higher amount, like 28 percent; is that

21 right?

22 A. There are other fees for different

23 products, yes.

24 Q. Okay. But drivers can't negotiate those



171

1 commissions; those are decided by Uber, right?

2 A. They can. There's nothing that I know of

3 that would prevent a driver from negotiating with us

4 to sign a different contract.

5 Q. Are you aware of any Uber drivers that have

6 negotiated and obtained Uber taking a different

7 percent from those default percentages?

8 A. No, I'm not. But it's possible.

9 Q. And the drivers, I think as you said

10 before, they get paid weekly, right?

11 A. In most cases, payment is direct deposited,

12 accumulating all their fares, minus service fees,

13 weekly. I believe there are some products in other

14 cities, not in Florida, where there might be a

15 different frequency.

16 Q. Okay. And as we talked about also, from

17 time to time, Uber also offers hourly guaranteed

18 rates to drivers, right?

19 A. From time to time we'll offer guarantees of

20 fares, but they characterize it as we're

21 guaranteeing that they'll receive that many fares

22 during that time period.

23 Q. But the way you express it is that they'll

24 get a certain hourly rate, like $16 per hour or $20



172

1 per hour, right?

2 A. A minimum gross -- it actually could be

3 either. It could be at times expressed as a gross

4 fare received, and so that would be -- less our fee.

5 At times it could be expressed as a net fare

6 received after our fee.

7 Q. But the way it's advertised to drivers is

8 generally as a guaranteed hourly rate, right?

9 A. I think it's advertised generally as a

10 guaranteed hourly minimum fare.

11 Q. Now, if a customer has an issue with a

12 driver or a driver's performance, they'll contact

13 Uber to let Uber know, right?

14 A. Yes. They can write into our customer

15 score team.

16 Q. And one of the things a customer can do is

17 ask for a refund if they're not satisfied with a

18 ride, right?

19 A. They can.

20 Q. And I believe there was some question

21 regarding Mr. McGillis. That includes -- if a

22 customer thinks that the driver didn't take the most

23 efficient route, the customer can complain, and then

24 Uber can decide to refund the customer because the



173

1 driver didn't take the most efficient route, right?

2 A. Yes.

3 Q. Can a customer request a particular Uber

4 driver?

5 A. No.

6 Q. Okay. And drivers are not allowed to

7 solicit Uber customers to drive them personally on

8 their own time without Uber getting a cut, right?

9 A. Not during the trip.

10 Q. Okay. And Uber drivers are also prohibited

11 from soliciting customers to take rides through a

12 competitor, right?

13 A. Again, not while the customer is on a trip.

14 Q. Okay. And while an Uber driver is driving

15 for Uber, they're not supposed to display any

16 insignia or paraphernalia for another company, for a

17 competitor company; isn't that right?

18 A. Again, they could have insignia of other

19 companies when they're online and available on the

20 platform. I would imagine when they're actually

21 conducting an Uber trip, then they should take that

22 down.

23 Q. But that would be in violation of the

24 contract if they did, because -- and I can pull it



174

1 out, but it says, in Mr. McGillis's contract, that

2 while a driver is signed into Uber, "You shall not

3 display on your vehicle any removable insignia

4 provided by third-party transportation service

5 providers, lead generation providers or similar."

6 Are you aware of that?

7 A. I'm not aware of that specific phrase that

8 you read, but, again, my understanding would be that

9 it would refer to the time when they're on a trip.

10 Q. Okay. Well, the contract speaks for itself

11 on that point.

12 So Uber drivers are -- once a driver has

13 signed up, gone through the background check, you

14 know, shown their license and gotten their

15 credentials to drive, they're free to drive for Uber

16 as long as they want, unless they get deactivated,

17 right?

18 A. Yes.

19 Q. So they're not signed up for a particular

20 discrete amount of time; it's open ended until one

21 side or the other decides to end the relationship,

22 right?

23 A. That's right.

24 Q. Okay. And I think you said before, the



175

1 reason why -- so Mr. McGillis was deactivated by

2 Uber, correct?

3 A. Yes.

4 Q. And the reason for that, you said, was

5 because he had gone to a passenger home; is that

6 right?


8 Q. Had he been told that he's not allowed to

9 go to a passenger home?

10 A. I don't know.

11 Q. Okay. Do you know whether he got any

12 warning that he was not supposed to go to a

13 passenger home?

14 A. No, I don't know.

15 Q. Okay. And after he was deactivated, he was

16 reactivated for some period of time, but then once

17 someone at Uber figured out that it was the same

18 person who had been deactivated, he got deactivated

19 again, right?


21 Q. Okay. If you'll just give me a moment, I

22 may be just about done. (Pause)

23 Okay. So, Mr. Gore, do you have the

24 exhibits in front of you that we submitted for this



176

1 hearing for Mr. McGillis?

2 A. Yes, I do.

3 Q. Okay. Could you turn to Exhibit 4.

4 A. I apologize, my documents here aren't

5 broken out by number. Is this the one that says at

6 the top, "Page 3:13-CV," et cetera?

7 Q. Yes. It says "Uber" with a big "U" on the

8 left, and it has a line, and over the line it says,

9 "Everyone's Private Driver."

10 A. Yes.

11 Q. Okay. So do you recognize this as some

12 marketing materials for Uber, this document, Exhibit

13 No. 4?

14 A. I recognize this logo as one that was used

15 by Uber until 2011, approximately. So I don't

16 recognize this document in particular in any way,

17 but that is an old logo of our company.

18 Q. Okay. The document -- I mean, it

19 describes -- well, it describes Uber, under

20 "Request" on the first page, as an "on-demand car

21 service." Do you see that?

22 A. I do see that.

23 Q. So Uber has described itself as an

24 "on-demand car service," right?



177

1 A. It would appear that way. Again, I don't

2 recognize this as anything that's ever been used in

3 the state of Florida or in recent years.

4 Q. Okay. Well, if you just look through the

5 document, it goes through and describes certain

6 qualities that Uber expects of its drivers and

7 advertises to the public they can expect from Uber

8 drivers, including professionalism, efficient trip

9 and vehicle quality. Do you see that generally,

10 those categories?

11 A. I do see that.

12 Q. Would you agree that those are -- that is

13 how Uber advertises to the public what it can expect

14 from Uber drivers and what it expects of Uber

15 drivers?

16 A. Not exactly. I think this document refers

17 to a time when Uber was only uberBLACK. And so it's

18 probably referring more to uberBLACK experience and,

19 again, at a particular time in California, I would

20 imagine.

21 Q. Okay. Well, even now in Florida, though,

22 Uber expects its drivers to behave professionally,

23 right?

24 A. To the extent that the customer is



178

1 expecting a professional experience. But that's

2 really the customer's definition, the rider's

3 definition of professional.

4 I'm not aware of any instructions or any

5 documents like this in Florida that tell drivers,

6 you know, that they must do this and that and the

7 other thing that are described in this document.

8 Q. Okay. Okay. But you agree generally the

9 reason for the rating system is to ensure a certain

10 level of professionalism among drivers, right?

11 A. No. I think the reason for the rating

12 system is to know if customers are getting the

13 experience that they have expected. And that is a

14 subjective experience, which is why customers may

15 rate differently based on their subjective

16 experience.

17 Q. Okay. I think I'm done for now, Mr. Gore.

18 MS. LISS-RIORDAN: Mr. Hearing officer,

19 we're probably going to need a lunch break at some

20 point. What are your thoughts about how we should

21 proceed?

22 HEARING OFFICER HOUSER: We still have

23 cross-examination from the Department of Revenue.

24 What I was thinking was that if we can conclude Mr.



179

1 Gore's testimony, then we could take a break before

2 we get to Mr. McGillis's testimony. But, you know,

3 if that's not practical for some reason, then, you

4 know, we could perhaps take a break now.

5 Ms. Taylor, let me ask you, do you have

6 some idea of how long your cross-examination of Mr.

7 Gore is likely to take?

8 MS. TAYLOR: I have a minimum of about --

9 I'd say about ten questions, if that.


11 MS. TAYLOR: I'm fine with a break, if

12 y'all want one. It's strictly up to you guys.


14 Well -- all right. So unless there's some

15 particular urgency -- I mean, if somebody is

16 diabetic or something like that, you need to eat

17 right away, then fine. We've stopped; we could take

18 a break.

19 If you can hold out for a little while

20 longer, then let's finish up Mr. Gore's testimony,

21 and then we'll take a break. How is that?

22 MR. WILSON: That's fine.

23 MS. LISS-RIORDAN: I think that's good on

24 our end.



180

1 MS. TAYLOR: I'm fine with that.


3 So, Ms. Taylor, do you have questions for

4 Mr. Gore?

5 MS. TAYLOR: Yes. Just a couple.

6 CROSS EXAMINATION

7 BY MS. TAYLOR:

8 Q. Mr. Gore, would you consider the fact that

9 customers are picked up and drove around Florida an

10 integral part of the business for Uber?

11 A. Are you saying if customers were not picked

12 up and driven around Florida, would we have a

13 business?

14 Q. Yes.

15 A. Our business model is predicated on

16 receiving license fees from partners who complete

17 trips. If they don't complete trips, we won't

18 receive those fees, that's correct.

19 Q. So therefore the integral part is that Uber

20 receives funding due to completed trips by drivers?

21 A. I'm sorry. Could you say that again. It

22 was a little muffled.

23 Q. As an integral part of Uber's experience,

24 they obtain money due to persons being delivered



181

1 from one point to another?

2 A. Generally speaking, yes. There may be

3 other scenarios in which we receive revenue, such as

4 a cancellation fee, a service fee associated with

5 that. But generally, yes.

6 Q. If a driver is hired and it is cancelled,

7 if the drive is cancelled, or the trip, does the

8 driver still receive a minimum or a flat rate if

9 they did not cancel the trip themselves?

10 A. It would depend on the particular

11 circumstance that you're describing. Again, if the

12 trip is cancelled prior to pick-up and it's been

13 less than five minutes, or whatever other

14 requirements are for that algorithm, then a

15 cancellation fee won't be charged.

16 Now, in the rate structure that I described

17 before, I did forget to mention there is a minimum.

18 So if a trip is shorter than an amount that would

19 occur of that minimum fare, then a minimum fare

20 would be charged.

21 Q. Therefore the Uber driver would receive

22 some type of remuneration for the service, even if

23 he doesn't drive the party?

24 A. Again, they receive the cancellation fee if



182

1 they don't drive the rider. The minimum fare is

2 only charged just to -- for short trips, to make

3 sure that there's a minimum fare, so that drivers

4 know, for example, that a trip won't be a dollar.

5 Q. So he would get that minimum fee?

6 A. Right. Part of the --

7 Q. Minimum fare.

8 A. Part of the rate is that any trip less than

9 a certain amount will be charged that minimum fare

10 to the passenger.

11 Q. And it's my understanding that the driver

12 was supposed to wait a minimum of about 10 minutes

13 for their rider; is that correct?

14 A. I believe that's correct.

15 Q. Who sets that minimum? Uber?

16 A. I believe that's in the contract between

17 the driver and the rider -- I'm sorry, the driver

18 and Uber.

19 Q. I was noticing in some of the information

20 provided by Ms. -- what's her name -- by Ms.

21 Riordan, it's stated that if the driver did not

22 meet, you know -- they were talking about the

23 guaranteed $18 an hour and things of that nature

24 during peak times -- or I think they called them



183

1 surge times.

2 They do talk about -- I was reading here it

3 says, "As a reminder, when guarantees are currently

4 in effect, this means that you will be guaranteed

5 minimum fares of $20 an hour during peak times,

6 Friday and Saturday, 5:00 p.m. to 3:00 a.m.," and it

7 says "$16 an hour all other times." How can that

8 amount be guaranteed or put in writing if it's not

9 specifically guaranteed?

10 A. Okay. So you mentioned something at the

11 beginning that I just want to clarify. Surge pricing

12 or times when surge is in effect is a separate

13 concept from a minimum fare guarantee.

14 Now, sometimes we might say, when we're

15 putting out information about a minimum fare

16 guarantee, that it is expected that surge will occur

17 during these times. And, again, we're trying to

18 share the information that we have, the data that we

19 have, with partners so that they know what is likely

20 to occur.

21 The Winter Warm-Up guarantee specifically

22 refers to a time period. I believe that we offered

23 minimum fare guarantees after cutting prices, so

24 that -- because obviously a natural conclusion for a



184

1 partner would be that if prices go down, then their

2 earnings would go down, and we believe that not to

3 be the case. We thought there would be a lot more

4 demand after cutting prices and offered these

5 guarantees as a result, basically to express to

6 drivers, Hey, we know or we believe that demand will

7 be high enough that you will make this much money.

8 Q. Based on this e-mail from Uber Miami, if

9 I'm guaranteed $20 between those peak hours or $16

10 at other times, if I follow the statement made that

11 I have to accept at least 90 percent of my trips, I

12 average at least one trip an hour, and I'm online 50

13 minutes of every hour, if for some reason I don't

14 make that kind of money, how can Uber guarantee it

15 if it's not in the actual fare?

16 A. If for some reason you do those things and

17 your fares don't add up to that much money, then in

18 that circumstance we would make up the difference.

19 Q. I also understood that the drivers are

20 required to rate the customers. Do the drivers have

21 to rate the customer prior to them receiving their

22 amount of the fare?

23 A. The way that the app works, and this is

24 both on the driver app and the rider app, is that



185

1 after a trip is completed, the screen will show this

2 rating screen for them to rate the other party.

3 They won't be able to advance past that screen --

4 neither the rider nor the driver can do another trip

5 before they advance past the screen. But the driver

6 could, for example, if they're never going to do a

7 trip again, not rate that last driver, and they

8 would still get paid.

9 Q. (Unclear) consideration, are you aware that

10 some of your drivers are offered bonuses or

11 additional pay? Do you mind explaining your bonus

12 program to me.

13 A. I'm not -- I don't understand what you're

14 referring to.

15 Q. It states, in "Frequently Asked Questions"

16 with Uber, that "You will receive a 1099

17 Miscellaneous Report Compensation." That's a

18 federal guideline; if you've earned $600 or more,

19 you're required to get a 1099 or a W-2, whichever

20 the case may be. And it states specifically,

21 "Between Uber drivers or their partners, including

22 referrals, inventive payments, prizes and awards or

23 any other income payment."

24 A. Can you refer me to the exhibit that you're



186

1 talking about.

2 Q. It is -- bear with me one moment. It's in

3 the original package as "Filing Taxes As a Partner,"

4 and --

5 A. So maybe in the document you sent over

6 today, if you could refer me to the page number.

7 Q. It's not labeled as a page number. It's 3

8 of 4 when it comes to 2014 tax information.

9 A. Okay. So it looks like that's Page 138 of

10 the packet?

11 Q. The first -- the page states, "Driver

12 Partner/Uber," and then it's "Frequently Asked

13 Questions" is the title. And --

14 A. Are you talking a date of 4/9/2015 --

15 Q. Yes.

16 A. -- in the upper left corner?

17 Q. Yes.

18 A. Okay. So I'm on the same page now.

19 HEARING OFFICER HOUSER: Just to make sure,

20 which page, Mr. Gore?

21 THE WITNESS: So I'm looking at Page 139 of

22 the actual file that was sent over. It says at the

23 top, "Driver Partner/Uber." The upper left corner

24 says "4/9/2015," and the main title of the page is



187

1 "Frequently Asked Questions. How do taxes work as

2 an Uber partner," et cetera.

3 HEARING OFFICER HOUSER: Sorry. Go ahead,

4 Ms. Taylor. Your question was what, again?

5 Q. I was asking Mr. Gore to please explain to

6 me this incentive payment, prizes, awards and other

7 income that can be received on behalf of these

8 drivers from Uber.

9 A. Okay. So you're asking what other types of

10 income there might be?

11 Q. Yes, sir, based on the data provided by

12 Uber to their partners.

13 A. So there are -- for example, an incentive

14 payment would be exactly what we just talked about.

15 If we offered a guarantee and for some reason you

16 didn't make the amount of fares during that

17 guarantee period, then we would make up the

18 difference. I believe that's what is qualified as

19 the incentive payment there.

20 For referrals, for example, both riders and

21 drivers have a referral code that they can give to

22 potential new riders. And if that new rider takes a

23 trip on the system, then the rider or the driver

24 that referred them will get some sort of payment,



188

1 either in trip credit for riders or monetary payment

2 for drivers. And so that's what would be referred

3 to by the referrals there.

4 Prizes and awards, I guess you could

5 imagine a scenario where, like on New Year's Eve we

6 say, "Whoever does the most trips" -- "We're giving

7 out $100 to whoever gives the most trips." I'm just

8 making that up. But that might be a type of prize

9 or award. And, you know, obviously this captures a

10 broader circumstance than I can imagine right now,

11 where it says "Other income payment."

12 Q. Are they also provided by Uber?

13 A. All the things that I just described?

14 Q. Yes, sir.

15 A. Yes.

16 Q. What about --

17 A. And of course you would not be required

18 ever to participate in any of those programs.

19 Q. What about tips? As a driver, it's my

20 understanding they can't accept any tips.

21 A. That's not quite correct. There is no

22 method for accepting tips through the Uber platform

23 to be automatically charged the rider's credit card.

24 But if the rider insists on tipping in cash, the



189

1 driver, of course, could accept that cash.

2 Q. I understand the terms or agreements to be

3 different there. In the terms and agreements it

4 was -- 20 percent of the tip is said to go back to

5 the driver, but they were not supposed to take tips,

6 I do believe. Would you like me to look that up?

7 A. Yes, what you're describing.

8 Q. On June 21, 2014 -- it's under the terms,

9 the third -- it's called "Terms for the Service

10 Agreement," Page 4, and it says, "You acknowledge

11 that there is no tipping for any transportation

12 services that you provide pursuant to the receipt of

13 a request. You understand and agree that, for

14 mutual benefit of the parties, the Company may

15 endeavor to attract new users, fee for service, of

16 the software and to increase existing users' use of

17 the service of the software through advertising and

18 marketing to the effect that tipping is voluntary,

19 not required, and/or included in a service fee."

20 Do you understand? So that's how the

21 marketing -- "to the effect that there is no need to

22 leave a tip. It is ultimately to increase the

23 number of requests you receive through the service

24 software."



190

1 A. That's right. So this paragraph says no

2 tip is required and that we'll advertise as such.

3 But I don't understand this paragraph to prevent a

4 driver from accepting a tip at all. I understand

5 this first sentence that there is no tipping means

6 there is no tipping through our application.

7 MS. TAYLOR: Could I have one moment,

8 please?


10 (Pause)

11 BY MS. TAYLOR:

12 Q. If Uber refunds the customer, is there any

13 loss to the driver?

14 A. That would depend on the circumstance.

15 Q. And Uber would control the circumstances?

16 A. Well, by circumstance, it would depend on

17 the external circumstances. So, no.

18 Q. Could you be more specific with that,

19 please.

20 A. Well, for example, if a customer -- if a

21 rider says, "I never took this trip," then that's

22 one circumstance. We didn't control that

23 circumstance. The refund will be given and also

24 applied to the driver's account.



191

1 You know, there may be a situation where we

2 would like to appease a rider and refund money

3 without applying that to the driver's account. In

4 that case, you know, we'll just kind of refund it to

5 the rider as a courtesy, and the driver wouldn't

6 receive less.

7 But generally, I think in a situation where

8 there's been an actual cause for a refund, then the

9 driver will not receive -- will receive zero or

10 whatever the refunded amount is less from their

11 income.

12 Q. Could you tell me what type of training the

13 drivers receive.

14 A. There is no required training.

15 Q. How can they ensure the comfort of the

16 riders?

17 A. Who is "they"?

18 Q. The drivers and Uber. How can you ensure

19 the comfort to the riders?

20 A. I mean, Uber can't ensure the comfort of

21 the rider. The driver can ensure the comfort of the

22 rider by taking whatever steps a driver can take or

23 decide to take, feels necessary to take.

24 Q. Are they given suggestions on what to say



192

1 to the client? For example, "Do you want air

2 conditioning or not?" or "Do you prefer country

3 music or rock and roll or heavy metal?" things of

4 that nature, to make the customer more at peace in

5 riding in a stranger's automobile?

6 A. I don't think all drivers are given such

7 suggestions. If they ask for such suggestions or --

8 they may look through our Frequently Asked Questions

9 on our website. There may be suggestions like that.

10 Q. Is anyone to provide something to drink

11 and/or a snack if they want it?

12 A. Again, there are places -- there may be a

13 website or if a driver asks, we might provide

14 answers to the effect that "We have heard from

15 customers that these are the kinds of things that

16 create a good experience." So, you know, these are

17 suggestions. You can take them or leave them.

18 Q. In going online to decide if an individual

19 wants to be a driver or obtain the software from

20 Uber, it talks about procedures and policies by

21 Uber. Could you explain those to us a little more

22 specifically, and/or the code of conduct, which is

23 also referenced on the website.

24 A. I'm not familiar with these in their



193

1 entirety or verbatim, but there are various

2 policies, for example, that our partners must comply

3 with, applicable portions of law; for example, that

4 they must accept service animals, that they can't

5 carry a weapon, or a gun specifically. There are a

6 few overarching policies like that.

7 Q. The driver may not be required to carry a

8 firearm?

9 A. That particular policy is in place for the

10 safety and comfort of riders who expect an

11 environment without firearms. And likewise, riders

12 are prohibited from carrying firearms. We have a

13 no-firearm policy for all parties.

14 MS. TAYLOR: Thank you for your testimony,

15 sir.


17 then just to make sure, Mr. Wilson, any other

18 questions for Mr. Gore?



21 Liss-Riordan, any other questions for Mr. Gore?

22 MS. LISS-RIORDAN: No. No further

23 questions. Thank you.

24 HEARING OFFICER HOUSER: All right. So at



194

1 this point, I guess, we can take a break. I'm

2 showing the time as 1:34, 1:35, something like that.

3 So depending on what others' constraints are, I

4 would be ready to get back starting at 2:00, but

5 maybe some of the rest of you would need just a

6 little bit longer than that.

7 So let's find out. Mr. Wilson, any

8 suggestion as to how long a break might be

9 necessary?

10 MR. WILSON: How about 2:15?


12 Liss-Riordan, any suggestions?

13 MS. LISS-RIORDAN: That's fine on our end,

14 but I also want to ask Mr. McGillis if that's okay

15 with him.

16 HEARING OFFICER HOUSER: Mr. Warman, Mr.

17 McGillis -- I guess, Mr. Warman, Mr. McGillis is

18 there with you. Any comments?

19 MR. WARMAN: 2:15 works. That would be

20 fine. Thank you.

21 HEARING OFFICER HOUSER: Ms. Taylor?

22 MS. TAYLOR: I'm fine with that.

23 HEARING OFFICER HOUSER: Okay. So we'll say

24 2:15. I'm showing 1:35 p.m. right now. What I'm



195

1 going to do is -- well, it will take a few minutes

2 to get everybody back on the line. I think that's

3 going to be better. I'll just go ahead and

4 disconnect with all of you, including the observers.

5 MS. LISS-RIORDAN: Can I just -- I'm just

6 suggesting, just because it did take a little while

7 to get everyone on the line this morning, should we

8 all just mute our sounds and take the break, and

9 then we'll just be --

10 HEARING OFFICER HOUSER: I don't have any

11 particular problem with that, and if nobody else

12 does, then that's fine with me.

13 What I can do is this: I've got a little

14 screen that shows me who I'm connected with. So if,

15 for example, we lose connection with one of the

16 observers -- who have been extremely cooperative and

17 not disruptive at all -- so if we, for example, lose

18 connection with an observer, lose connection with

19 one of the parties, I'll just call back and then

20 we'll go forward. So I'll just put it on mute and

21 we'll do it that way. So that's what we'll do.

22 We'll come back on the record at 2:15.

23 (Luncheon recess)

24



196

1 AFTERNOON SESSION

2 HEARING OFFICER HOUSER: All right. So I've

3 taken the microphone off of mute just before 2:15

4 p.m. Let's see who, if anyone, is back.

5 We've got a couple of observers who've been

6 listening in. Mr. Vasquez and Ms. Ampel, hopefully

7 both of you are back. If you have your phones on

8 mute but you want to say that you're back, you can

9 certainly do that.

10 MR. AMPEL: I'm back. This is Celia Ampel.

11 HEARING OFFICER HOUSER: And, Mr. Vasquez,

12 are you there? (No response) We will wait for a few

13 minutes anyway to make sure everybody gets back.

14 Okay. So let's see who else we've got.

15 Mr. Wilson, are you on the line?

16 MR. WILSON: Yes, I am. Mr. Gore is still

17 here with me.

18 HEARING OFFICER HOUSER: Great. That's

19 perfect.

20 Ms. Liss-Riordan, are you there?

21 MS. LISS-RIORDAN: Yes, I am.

22 HEARING OFFICER HOUSER: Terrific.

23 Mr. Warman, are you on the line?

24 MR. WARMAN: We are. We were just awaiting



197

1 Mr. McGillis. So maybe just a couple more moments.

2 HEARING OFFICER HOUSER: We'll wait a few

3 more moments certainly, because he's going to be the

4 one we're going to get testimony next from. So we

5 certainly want to wait for him.

6 MR. WARMAN: Thank you.

7 HEARING OFFICER HOUSER: Ms. Taylor, are

8 you on the line?


10 HEARING OFFICER HOUSER: Let's just wait

11 for a few moments. And, Mr. Warman, can you tell me

12 when Mr. McGillis shows up.

13 MR. WARMAN: Will do. Thank you.

14 (Pause)

15 HEARING OFFICER HOUSER: And we've been on

16 a break for a little bit. It is now 2:16, p.m., and

17 we're waiting on a couple of folks to get back on

18 the line before we can get started with taking

19 further testimony. Hopefully we've got the

20 observer, Mr. Vasquez, on the line from the Miami

21 Herald. Mr. Vasquez, are you there? (No response)

22 Of course sometimes when people are

23 listening in to a hearing like this, they put their

24 phones on mute, they forget about it. So I'm not



198

1 hearing anything at all.

2 Okay. 2:18 by my clock. A couple of

3 minutes went by awfully fast. I'm just waiting for

4 a couple of folks to get back on the line, and then

5 we'll go ahead.

6 MR. WARMAN: All right. This is Noah and

7 Michael, and with us we have Mr. McGillis.

8 HEARING OFFICER HOUSER: All right. That's

9 great.

10 Mr. McGillis, keep in mind you are still

11 under oath.

12 I just want to double check on one of the

13 observers. Mr. Vasquez, are you there? (No

14 response)

15 What I'm going to do is wait just a little

16 bit longer, just another minute or so, just in case

17 there was some traffic or something like that that

18 might just delay things. I gave him the number, I

19 think, for how to contact our office. So that

20 shouldn't be a problem.

21 We are showing him still connected, so if

22 Mr. Vasquez is listening in and (unclear), that's

23 perfectly okay too. But we'll give it a few more

24 seconds before we go forward with anything further.



199

1 MS. LISS-RIORDAN: Mr. Houser, excuse me.

2 Who is Mr. Vasquez?

3 HEARING OFFICER HOUSER: He is an observer.

4 He is a reporter, I guess, a reporter with the Miami

5 Herald.

6 MR. WILSON: And who is Ms. Ampel with?

7 HEARING OFFICER HOUSER: With the Daily

8 Business Review, is the information I've got.

9 MR. WILSON: Thank you.

10 HEARING OFFICER HOUSER: All right. Well,

11 let's see. I'm showing it's 2:20 p.m., almost --

12 about 30 seconds after 2:20. So, Mr. Vasquez? (No

13 response)

14 It doesn't look like we're getting any

15 response. I'm wondering -- it does show we're still

16 connected. When we've gotten disconnected, normally

17 the little window shows disconnected.

18 Well, all right. We're going to go forward

19 with this hearing. Hopefully it's not going to be a

20 big problem. All right. So 2:21 p.m.

21 Mr. McGillis, we'll be getting your

22 testimony now. Keep in mind, as I said, you're

23 still under oath.

24



200

1 DARRIN McGILLIS, Previously Sworn

2 EXAMINATION


4 Q. So, Mr. McGillis, you were associated with

5 this company, Rasier LLC, from when to when?

6 A. I made the application online for the

7 background check in the middle of October, and I was

8 approved, I want to say, maybe a week later. So

9 probably -- I started working, though, on November

10 1st, exactly on November 1st.

11 Q. November 1st of what year?

12 A. Of 2014.

13 Q. And what was your last day in association

14 with this company?

15 A. I left, it was, I believe, either March

16 30th or 31st.

17 Q. Okay.

18 A. I think it was March 30th, to be exact.

19 Q. Okay. That's 2015, correct?

20 A. And that would have been 2015, yes, sir.

21 Q. I just wanted to make sure. Sometimes you

22 ask a silly question like that and you get an answer

23 that you don't expect. So I do need to ask.

24 Okay. And, Mr. McGillis, the document that



201

1 we've got in the file, that contract or terms of

2 service, terms of agreement that is among the

3 documents more than one place, did you sign an

4 agreement like that with Rasier LLC?

5 A. I recall not signing any agreement with

6 Uber other than doing the background check that I

7 agreed to and gave them information for that.

8 Q. Okay. Were you sent a document like the one

9 we've been talking about, the agreement, sent a

10 document to review?

11 A. Was I sent a document, like, via e-mail or

12 something?

13 Q. Yes. Either in the mail or by e-mail or

14 some other means?

15 A. I never got a document communication with

16 terms and conditions.

17 Q. And specifically, just to make sure, the

18 document that I'm talking about is called "Rasier

19 Software Sublicense and Online Services Agreement."

20 Were you sent that document by the company at some

21 point?

22 A. I never received that document.

23 Q. And so then what sort of services were you

24 providing between November 1, 2014, and March 30,



202

1 2015?

2 A. Well, from November, when I started, I had

3 a car I had already previously purchased that had

4 nothing to do with Uber, and I signed up with that

5 car. That was a four-door vehicle, 2014 Mitsubishi

6 Mirage. And that put me on the uberX network that

7 they have.

8 I drove on that network until they cut the

9 rate of pay for the drivers, I believe around

10 January 9th, by 20 percent across the board, they

11 said because of all the snow and everything that was

12 happening and the wintertime -- this was an e-mail.

13 And so I went looking to upgrade to the XL model to

14 get double money instead of complaining about the

15 cut pay.

16 Q. Did you in fact do that?

17 A. I did do that. At the end of January, I

18 purchased an SUV, which brought me into the

19 seven-seater model of the uberXL and started driving

20 on the XL platform, which gave me double pay.

21 Q. And how did you learn about being able to

22 drive for Uber in the first place?

23 A. My first recollection was something on the

24 news, where they were talking about how Uber is --



203

1 Uber and Lyft, both of them, were around and how it

2 worked and that people could sign up.

3 There was and there still is a lot of media

4 surrounding the fact that it's illegal and that

5 they're operating outside the regulations of the

6 county government.

7 Q. So you decided to find out about somebody

8 that you thought was illegal?

9 A. Well, that's why -- I learned about the

10 name, and then I went on their website and read

11 about it, and the wording and everything was that it

12 wasn't illegal.

13 Q. So you went to the website, and then what

14 did you do to apply?

15 A. On the main page they have "Sign up to be a

16 driver." And I got that and filled out all the

17 information that they required.

18 Q. What sort of information were they

19 requiring from you?

20 A. Pretty much everything you put on a credit

21 report: your name, Social Security number, your

22 date of birth, where you live, and if you have any

23 convictions for criminal activity or record. They

24 also had a box you could click to request a copy of



204

1 the background check, if you wanted it after it was

2 completed. I did that, and then they sent you a

3 copy when everything was done.

4 Q. Okay.

5 A. And then at some point after you were

6 approved, they sent you a welcome e-mail with links

7 to videos that you had to watch before you could get

8 the app, if I remember correctly.

9 I remember that unless you watched the

10 video training -- which taught you how to pick up

11 passengers, how to get higher ratings by having

12 water and bubble gum, kind of how to dress -- all

13 the things that they wanted you to know you had to

14 watch on the website prior to moving on to the next

15 step of then getting the app texted to you where you

16 could actually work for Uber.

17 Q. Okay. And so is that what you did?

18 A. I did do that.

19 Q. Okay. And then getting the app, what does

20 that consist of?

21 A. It was a download that was -- it was a link

22 sent to you that went -- I have an Apple phone. So

23 I went into the iTunes store, and then you would

24 just load it like any other app, your bank or



205

1 anything like that. And it would present itself on

2 your phone as an app -- as an option to choose on

3 your phone if you chose to.

4 Q. So in order to bring up the Uber app, you

5 just touch the icon on the screen?

6 A. Yes. Just like any other app.

7 Q. And when you do that, what comes up?

8 A. Initially, when I first started, what

9 popped up was a place to put your user name that you

10 had created previously and a password that you had

11 created previously. You have to input that.

12 And then the app or the full app would open

13 up, which is basically a map of where you are,

14 showed where you are, pinpointed where you are in

15 the surrounding area, which you could enlarge or

16 decrease if you wanted to see more of South Florida

17 or less. And pretty much that's what you see at

18 first.

19 Q. And would it show where other Uber drivers

20 are?

21 A. On this particular app, no. If you had a

22 passenger app, which is separate -- they separate

23 their apps for passengers. It's a different app

24 than for drivers. It's a different app. So if you



206

1 had a passenger app, you could see where other Uber

2 drivers are.

3 But you would have to have that, which

4 anybody can get. Not anybody can get the driver

5 app. That driver app has to be specifically sent by

6 Uber after you've been approved and after you've

7 gone through the training with the videos.

8 Q. And did you get that passenger app as well?

9 A. Yes -- no, I didn't, because I never wanted

10 to be a passenger, so I never sought out being a

11 passenger. I never was a passenger. But you could

12 get it, if you wanted to, through iTunes. Anybody

13 could today or yesterday, and it's free.

14 Q. And at what point, at what stage did you

15 create a user name and a password?

16 A. That would have been after you watched the

17 videos that they sent you, after you were approved.

18 You had to watch the videos and, I believe, after

19 that click to the next step. In order to get to the

20 next step, you had to mandatory watch the videos,

21 and then they would create your information and an

22 account, per se.

23 Q. And how long were these videos?

24 A. I believe there were three or four videos,



207

1 maybe, about -- if I remember correctly, maybe about

2 ten minutes apiece.

3 Q. Okay. Was there any sort of test or

4 anything like that that you had to take after you

5 watched the videos?

6 A. No.

7 Q. Okay. And did you have to, you know, input

8 some sort of, like, certification that you had

9 watched the videos?

10 A. No. It would know -- if the video didn't

11 complete, you could not click the Next button.

12 Q. All right.

13 A. So if you were half through and tried to

14 click the Next button, it wasn't available to click.

15 The video actually had to complete all the way to

16 the end. Now, whether you sat there and watched it

17 or walked away is a different story.

18 Q. Well, so did you try to hurry up the

19 process and click to say you completed before it

20 actually ran through?

21 A. Out of curiosity I did, yes.

22 Q. Okay. And so you had to wait until the

23 whole video played through. Did you actually watch

24 the videos, or did you in fact walk away and get



208

1 coffee and just wait until it was done?

2 A. Well, I was very nervous about the whole

3 process because of picking up strangers on the

4 street. So I watched to kind of learn what to do

5 and what not to do. It took me about a week before

6 I decided to get on the road, and the first day was

7 pretty nerve-racking.

8 Q. So after you watched the videos, did that

9 calm some of your fears?

10 A. It did, because then I had an understanding

11 of what was transpiring, that it was cashless, the

12 whole procedure of how Uber operates. I knew that

13 it was to feel safe. I would be dealing with people

14 with credit cards, not some random person on the

15 street who could, you know, rob me or they'll not

16 know who I am. I would know who they are.

17 Q. Okay. So those were two significant factors

18 in your decision to go ahead, that you weren't going

19 to be carrying a large amount of cash from fares and

20 people who, I guess, got fares at least had some

21 sort of means, because they needed to have a credit

22 card. At least if I've understood you correctly,

23 those were factors in your decision to go ahead; is

24 that right?



209

1 A. Yes. Also I learned that they don't accept

2 prepaid credit cards. So everybody that they do

3 have on the network, they know who it is. These are

4 real people who have bank accounts.

5 Q. Okay. Great. Any other aspects of the

6 videos that helped you decide, Well, I'll give it a

7 try?

8 A. They were very professionally well done.

9 But it was still nerve-racking, because it's Miami,

10 and Miami's a dangerous place. So I just didn't

11 know.

12 But I knew they had been around for about

13 probably eight months earlier, prior to me getting

14 on the road here in Miami. So it was the unknown

15 factor, because I didn't know anybody who was

16 driving for those type of services. So I didn't

17 really know the facts until I got behind the wheel.

18 Q. Okay. Now, when they sent you the app to

19 download, was it just a pure link that you would

20 download or was it something else?

21 A. They would send you a text message to the

22 phone number that you signed up with -- you had to

23 have a cell phone number to sign with -- and the

24 text message would then link you to the Apple Store



210

1 to then begin the install of the app, the driver

2 app.

3 Q. Okay. And so how many messages back and

4 forth, including the videos, including, you know,

5 the text message with the referral to the iTunes

6 store and so on -- from the time that you first

7 decided to apply with Uber to the time that you

8 actually were able to download the app, how many

9 messages back and forth were there between you and

10 Uber or Rasier?

11 A. There were about over a dozen. I got

12 probably more than usual, because I didn't

13 immediately -- after I was approved, I didn't

14 immediately click on the link. I didn't immediately

15 go driving. I probably spent a week or two sitting

16 on it. And there were a lot of text messages and

17 e-mails saying, "Hey, you're approved. Get started.

18 Get the app." So there was a lot of marketing to

19 get me on the road.

20 Q. Okay.

21 A. I think Halloween really was the kicker.

22 Q. Ah, okay. And so you just missed out on

23 Halloween, but at least you were up and running for,

24 like, Thanksgiving, Christmas, et cetera, correct?



211

1 A. Yes. And it was amazing the amount of

2 money that was made. It was pretty substantial, if

3 you look at the records.

4 Q. In fact, it looks like -- let's see. I was

5 looking at the documents. So in 2014, in just those

6 couple of months, November, December, you earned

7 almost $9500; is that right?

8 A. Yes. I...

9 Q. Sorry, you were about to say?

10 A. That's what I took home.

11 Q. Okay. By the way, would you be able to say

12 how many, you know, rides that represented, how many

13 times or instances you drove somebody?

14 A. Well, up until the time that I left, I had

15 about 3,000 rides, 3,100 rides, approximately. So I

16 was pretty much doing the same amount of hours every

17 month, and I was -- March 30th was when I left. So

18 if you divide that by the months, you could -- but a

19 lot of it was also surge pricing. So, for example,

20 I could pick up somebody in downtown Miami, take

21 them across the bridge when it's surging, and it

22 would be a $100 ride, when normally it would be a

23 $20 ride.

24 Q. And did that make a difference in terms of



212

1 when you'd make yourself available to give rides?

2 A. Oh, absolutely. And Uber made sure they

3 let you know where the surging was and when it was

4 happening and "Get out there and work."

5 Q. Okay. And how would they let you know when

6 the surge pricing was going to be in effect?

7 A. Text messages, e-mails, all of those. And

8 also, when you turn on a driver's app, unlike the

9 customer, the driver can see where it's surging and

10 how much it's surging.

11 So Brickell, for example, could be surging

12 three times the normal rate, but downtown Miami

13 might be one times the normal rate. So it would be

14 in red and it would tell you. So their map would

15 lead drivers to certain parts of Miami, based on the

16 surging.

17 Q. All right. And is that something that you

18 yourself followed, then? You went where the surge

19 was the highest?

20 A. Yes. But a lot of it, I believe, was

21 unethically put up there, you know. They would put

22 surge, surge, surge just to get drivers there, but

23 the minute you got there, it was like there was no

24 surge.



213

1 Q. Okay. Did you ever complain to Uber or

2 Rasier about that?

3 A. Oh, yes. Absolutely.

4 Q. What was their response?

5 A. They -- usually, whenever you contacted

6 with them about something that was negative, against

7 the company, such as this would have been, I never

8 got a response. They always -- you would get a

9 generic response, with a link to "Frequently Asked

10 Questions," a form response.

11 They really had a knack of not responding

12 to anything that had to do with their way of

13 operating that was negative. They would just stay

14 silent. I had a number of issues over the time that

15 I worked there.

16 Q. All right. And was there anybody who,

17 like, rode along or otherwise supervised to see that

18 you were following the training set out in the

19 video?

20 A. No. But I did have a customer, one or two

21 customers who told me -- they were called Uber Gold

22 passengers or something, and I don't know if this

23 was true, somebody that reported back to Uber

24 directly or something -- that they have what might



214

1 be called secret shoppers or something like that.

2 Q. Okay. So when you said you don't know if

3 that's so or not, are you saying you never got any,

4 like, report from Uber that there were -- you know,

5 that there was somebody who had taken a ride and

6 made such and such and such a report on you?

7 A. No. I never got a report from Uber like

8 that.

9 Q. Now, the indication from Mr. Gore was that

10 your rating on -- from the 1 to 5 rating, that your

11 rating was always well above 4, in fact well above

12 4 1/2, as I remember correctly. Is that correct?

13 A. My rating was usually always a 4.8. The

14 only time that it dropped below 4.8 was the last

15 week that I worked for them. So my current rating,

16 if I were to sign on and look at this particular

17 account -- even though I don't work for them, they

18 allow you access to the account -- says that I have

19 a 4.74. My rating has always been high.

20 Q. Okay. And were you told what would happen

21 if your rating, you know, went down substantially?

22 A. Yes. It was pretty much posted all over the

23 place that if you got under a 4.6, you would be

24 deactivated. In fact, I've spoken to Uber drivers



215

1 who got below 4.6 who were deactivated. So I

2 actually have confirmed that with actual other Uber

3 drivers.

4 Q. How many Uber drivers -- when you were

5 driving with Rasier or Uber, how many other Uber

6 drivers did you, you know, associate with, talk to,

7 hang around with or whatever?

8 A. I never hung around with. It would be

9 random conversations. This particular gentleman was

10 actually a passenger of mine, and he had told me he

11 was an Uber driver and was let go because his rating

12 got below 4.6. So a random conversation.

13 Q. Hopefully you got a good rating from him?

14 A. Yeah.

15 Q. Would you be able to tell what rating an

16 individual passenger gave you?

17 A. Well, it's interesting. You can't nail it

18 down to a particular person. But when I go out to

19 the online account -- and you're welcome to go into

20 my account and browse through it; if you want, I'll

21 give you password -- you can actually sort it by

22 day, week, month or year, your star rating.

23 So if I did drive for 24 hours, I could

24 sort it by the last 24 hours. And if I knew I did



216

1 five rides, I could see what my star rating is just

2 for the day. You can see what it is for the week,

3 if you sort it by the week, the past week, or the

4 past month. And then it goes up to the whole year;

5 so the overall rating.

6 So you can narrow it down, see how you're

7 doing. You can go on and see, Oh, wow, the star is

8 not as high as I normally like, maybe one star down.

9 So I would know that I needed to do something

10 better.

11 Q. And would you get, like, individual

12 comments from passengers?

13 A. Yes. In the e-mail they would send you a

14 weekly e-mail that would have -- they would send

15 some of the comments from the passengers, which were

16 pretty cool to get, because you kind of hear from

17 the people.

18 Q. What sort of comments would you get?

19 A. Oh, they were always good. Mainly that I'm

20 a funny guy. I tell jokes. So -- that I knew where

21 I was going, very informative. You know, people

22 generally liked me. I never heard anything negative

23 from anybody.

24 Q. And when you were driving folks around, was



217

1 it mostly -- I mean, you were down in Miami, so I

2 could imagine maybe it was mostly locals or maybe it

3 was mostly tourists or maybe it was a mix of

4 everybody. What was it for you?

5 A. From the first two months, it was a lot of

6 tourists and a lot of locals, Brickell, Miami Beach

7 people. The last month, last two months, I saw

8 pickups in West Kendall, Cutler Bay, expanding

9 outside of the tourist areas as people were getting

10 to know the product.

11 Q. Okay. But in those last two months, you

12 were actually, what, driving a fairly upscale SUV;

13 is that right?

14 A. Yes, that is correct.

15 Q. Okay. So were the trips longer when you

16 were with the uberXL as opposed to just regular

17 uberX?

18 A. You would get groups of people going to the

19 beach, groups of people going out to the clubs.

20 It's 95 cents per mile on the uberX and $1.95 a mile

21 under uberXL. So it was double the money.

22 When I upgraded, I made a conscious

23 decision, based on the type of money I was making,

24 because in January Uber cut the fares by 20 percent



218

1 on the X. So it used to be, I think, $1.20. They

2 dropped it down to 95 cents a mile.

3 So I had to figure something out, because I

4 invested in this company, per se, with my time and

5 my money.

6 Q. Now, some of the documents that we were

7 sent were documents that indicated that, you know,

8 Uber would at least refer you, you know, to some

9 place where you can find a vehicle, maybe get

10 financing on good terms. So when you upgraded your

11 vehicle to the SUV, did you take advantage of any of

12 those offers?

13 A. No, I didn't.

14 Q. Oh, okay. All right. So you arranged for

15 the purchase of the vehicle on your own; is that it?

16 A. Yes, I did.

17 Q. I don't want to inquire too much about

18 stuff that isn't really related to this case. So

19 that's why I was asking the question that way.

20 Okay. Let's see. So then when you --

21 well, did you ever get -- not that you've ever got,

22 like, really bad ratings, but did you ever get

23 graded down specifically because you didn't follow

24 one of those things that was set out on the video?



219

1 A. If I did, I didn't know it. But obviously

2 everybody starts with five stars. So -- I was

3 driving a lot. So if one person gave me a one star,

4 they couldn't affect my ratings, because I was

5 doing, you know, hundreds and hundreds of

6 passengers.

7 So if I -- I would have to have a lot of

8 people rating me badly. If I was just doing ten

9 rides a day, one person could affect me, you know.

10 But because I was working a lot of hours, you know,

11 really putting my all into this for personal

12 reasons, you know, things were working out well.

13 So, you know, they cut the fare. I

14 invested into this bigger vehicle hoping to, you

15 know, be able to continue down the road with this

16 income that was coming in. I was quite happy.

17 Q. Okay. By the way, is that the vehicle that

18 the guy ran into?

19 A. Yes.

20 Q. Okay. All right. We'll come back to that

21 a little bit later, but I was just curious.

22 Okay. You said you were working a lot of

23 hours. How did you determine what hours you were

24 and weren't working?



220

1 A. A lot of it, when I first started out, was

2 circling Miami-Dade County, kind of feeling out

3 where the beeps were coming in, knowing where the

4 beeps weren't coming, the hours of the day. Uber

5 was helping out by giving you hot spot maps, letting

6 you know, These are the hot spots.

7 There were a lot of events going on, New

8 Year's. You had -- I mean, the University of Miami,

9 these kids take Uber religiously. So there are a

10 lot of places that I learned -- I had to spend a lot

11 of time not making money to learn where to make the

12 money.

13 Q. Okay. And so --

14 A. You went out driving, and everything was

15 happening, you know? You had to take the time

16 driving around and learning.

17 Q. And that was just sort of trial and error?

18 A. Trial and error. Lots of hours of nothing.

19 Q. Okay. When you first started out, then,

20 were you working more hours than when you were on

21 after you had some experience? Or was it just the

22 case that you were working the same amount; you just

23 were getting paid for more of those hours?

24 A. When I first started, I don't believe they



221

1 had an actual -- they didn't have as many drivers,

2 but they had a demand. I mean, I would literally

3 drop off somebody, pick up another customer, drop

4 off somebody, pick up a customer. This was the

5 first week. When I drove, I literally drove until I

6 couldn't stay awake no more. I literally had to

7 turn the app off and go home, you know? It was

8 really amazing.

9 As time went by and as Uber kept marketing

10 themselves and people started learning what I had

11 learned -- you know, Christmas was over, more

12 drivers, it became a problem. And that's where I

13 had to figure something out, and that's why I went

14 with the SUV.

15 Once January ran out -- I think also,

16 today, it's not as lucrative for the drivers now

17 either, because they're saturated with so many

18 drivers. I don't think a driver today could make

19 what I made in November or December. I don't think

20 that would happen today. There were just too many

21 drivers.

22 Q. Fine. And so when you started out back in,

23 like, November into December, about how many hours a

24 day or week were you working?



222

1 A. I was doing sometimes 12-hour shifts,

2 sometimes just 8-hour shifts. If it was surging, I

3 would work an 8-hour shift. But I was working well

4 over 40, 50 hours a week.

5 Q. Okay. And how about after November on to

6 after the first of the year? You said there was

7 more competition, there was a change in the rates

8 and so on. About how many hours a week were you

9 working then?

10 A. I was working more hours, because I was

11 making less. So I had to make up for the

12 difference, you know, by being on more. But it

13 wasn't working. The math wasn't working with the

14 gas, the price you were getting paid, the fact that

15 I had to get brakes.

16 And all these things started to add up,

17 because I had put, in November and December, on this

18 car 15,000 miles just for Uber in two months. So now

19 I needed brakes. So all these other things started

20 adding up that weren't going to get covered when

21 they cut the pay.

22 Q. Okay. So you got the new vehicle when? In

23 January?

24 A. About January 20th, around there.



223

1 Q. Did it turn out to be, at least for a

2 time -- I mean, you couldn't necessarily perceive

3 the end of the association at that point, but for

4 that period, you know, end of January through

5 February and through March, most of March, did it

6 seem like it was a good deal, that because you were

7 getting the higher rates, that you were actually,

8 you know, making money off of investing in the new

9 vehicle?

10 A. At first, no.

11 Q. Okay.

12 A. Let me explain why. At first, Uber, when I

13 turned on the app, had me as an X and an XL, which

14 means I would have to take the X rides, which were

15 still the 95 cents per mile, if they needed it, and

16 the XL passengers if they needed it. I was forced

17 to take the Xs, which of course, with a bigger

18 vehicle, I was paying all that gas.

19 I think a few weeks into with the XL, Uber

20 sent an e-mail to everybody saying, "We're going to

21 give you the choice. You can go out just as an XL

22 and take XL requests, or you can go out as an X and

23 an XL."

24 So now I had to create a new strategy to



224

1 determine when it was best to do both and when it

2 was best just to do the XL, if you kind of get my

3 drift.

4 Q. Yes. And did you decide just to do the XL

5 or stay on with the X and XL?

6 A. What I did was I did some more trial and

7 error now with the new program, driving around,

8 seeing what -- spent the week doing that. And what

9 I learned is that the slow days, Monday, Wednesdays,

10 you know, go on as both, because those are slow

11 days.

12 The areas, University of Miami, the XL was

13 very popular for night shift. People were going to

14 the clubs. So I would just go out as an XL. If it

15 was a weekend, I would just do all XLs.

16 So it was working out, once I figured out a

17 plan. And then I got to where the money was back to

18 where it was, and I was quite happy.

19 Q. Okay. And so it took about how long in

20 terms of the trial and error to figure out the new

21 strategy?

22 A. Well, I tried to do that as quickly as

23 possible, because money was at stake here. So I

24 figure about a week, a week and a half.



225

1 Q. All right. And --

2 A. Typically -- that size vehicle for Uber,

3 I'm a single man, I have no kids. I don't need a

4 seven-seater vehicle.

5 Q. Okay. And, by the way, did you look into

6 signing up -- I guess you've seen in the documents,

7 heard the testimony, there are other companies out

8 there that do something similar. Specifically they

9 mentioned Lyft and Sidecar. There may be others.

10 Did you look into seeing if there was some other

11 company that you could also provide services with?

12 A. I knew of Lyft, but not at the time that I

13 signed up for Uber. I just knew it existed. And I

14 never had a slow period with Uber, so there was

15 never a need for me to seek other employment.

16 Just so you know, before Uber, I'm a

17 licensed armed security guard. That type of work

18 pays good money, and there's a lot of work out there

19 in Miami. I'm also a certified court process

20 server, and I'm a notary.

21 So those things I didn't even do any more

22 because Uber full time, it was good money. I mean,

23 at some point you're making $30, $40, $50 an hour.

24 I mean --



226

1 Q. Okay.

2 A. I couldn't make that anywhere else.

3 Q. Now, in some places being a notary is

4 nothing special, but down in Miami, so I'm told, you

5 know, you're actually kind of a personage, as it

6 were. You're more than an ordinary person if you're

7 a notary. Is that correct, or is that just, you

8 know, rumor?

9 A. I do the notary signing agent, which is

10 banks call me and I go to people's homes to do the

11 refinancing. They'll pay me $100, and I'll sit

12 there and make sure everybody signs all their

13 documents, and I send them back to the bank. Much

14 as a regular notary, but just doing, you know -- a

15 signing agent for banks.

16 Q. Okay. And you decided not to do that any

17 longer after you started up with Uber?

18 A. Uber was -- I have some health problems, so

19 Uber is a job that allows me to not stress myself

20 out, you know, with some of the issues I have

21 health-wise.

22 It was good money. It was paying my health

23 insurance, and it was keeping me from not having to

24 exert myself in a way that would destroy my health



227

1 further. So for the situation I had, Uber was

2 great.

3 Q. Does that mean while you were driving under

4 the Uber app, you were mostly just sitting in your

5 vehicle, whichever vehicle it was?

6 A. Right. It was sitting, driving people

7 around. The people you were picking up were really,

8 really nice people. I don't think I've ever had a

9 bad ride, except for somebody who threw up once or

10 twice in the vehicle.

11 Q. After visiting some of those clubs or

12 something?

13 A. Yes. The young girls cannot handle the

14 liquor.

15 Q. And -- well, gosh. That would be kind

16 of -- would you be able to clean it up yourself, or

17 did you need to go to some professional to clean

18 that up?

19 A. Well, Uber requires that if damage happens

20 in the vehicle, that you must send the pictures

21 right away. If you clean it up, you can't send them

22 pictures.

23 In the cases where I had the vomit, I sent

24 the pictures. And then Uber somehow, through some



228

1 magical calculation, comes up with the dollar amount

2 you're going to get to calculate your loss of time,

3 the damage to clean it up. And then they give you a

4 number, and they give it to the driver right away,

5 no deductions. And supposedly they -- the passenger

6 will get the car cleaning fee.

7 Q. Okay.

8 A. But Uber decides that amount and decides

9 when they're going to make the decision and when

10 they're going to pay you, if at all.

11 Q. So then the actual cleaning, would you do

12 that yourself or have somebody else do it, or what?

13 A. Well, I would -- since I had a promise, I

14 would clean up the initial mess and get as much as I

15 could. And then I would have to take it to a

16 shampooer to deep clean the seats and stuff, because

17 you've got to get that professionally cleaned. I'm

18 not going to leave the vomit in there, so I had to

19 get that out. I did what I could, you know?

20 Q. Sure. Yes. Okay. And did anybody check

21 up on you, anybody from Uber anyway, check up on you

22 to see what you had done with whatever cleaning fee

23 they sent you?

24 A. No. They would just simply get the



229

1 pictures, and then -- at first I had damage to my

2 vehicle in November, the smaller car. A lady rider

3 spilt some meatball sauce all over the back seat,

4 and within 30 minutes of e-mailing Uber, they sent

5 me, I think it was, a $150 cleaning fee. I went to

6 a deep cleaner and paid them whatever they wanted.

7 They were quick.

8 As time went by, they became very slow in

9 deciding to address the damages. It kind of felt

10 like they switched over their base to another place

11 in the U.S., because the first two months, they were

12 very responsive. The last two months, they were,

13 like, nowhere to be found when you had a problem.

14 Q. So, gosh, with the meatballs, were you able

15 to, you know, immediately or almost immediately take

16 the car in and get it cleaned and get back out on

17 the road?

18 A. Unfortunately, both the throw-up and the

19 meatball incidents were on a Saturday night, and I

20 lost the whole night on both of those.

21 Q. I see. Was there any compensation that

22 they gave you for not being able to get on the road

23 because of that?

24 A. So that's where they say, Uber does, that



230

1 they calculate what they believe is the average loss

2 of time and the cleaning. In this particular case,

3 the meatballs, I was driving with uberX at the time.

4 They gave me $150, as I remember.

5 It cost me about $61. I got the receipt

6 for the shampooing. Because of the deep clean,

7 there's the foam in the back seat, so you couldn't

8 sit on it because of the, whatever, shampoo. So

9 then the rest I would assume was my money to keep

10 for the loss of time.

11 There was no calculation. There was no,

12 "Hey, Darrin, how much do you think you lost last

13 night?"

14 Q. And they sent you --

15 A. There was a lot more money to be made than

16 what I -- the 75 bucks I got there. I was not happy.

17 Plus it was a brand-new car.

18 Q. Well, you know, is there any rule that says

19 you can't cover all the seats in plastic and avoid,

20 you know, many of those problems?

21 A. Well, this was, if you can picture,

22 probably a good gallon -- what felt like a good

23 gallon of barbecue sauce and meat grease all over

24 the back set. I don't think there was much I could



231

1 do.

2 When I've had soda spilled, I have covered

3 it up. In the soda spill, they gave me, I think, a

4 $50 cleaning fee. So it's based on what type of

5 situation it is. Throw-up is supposed to be the

6 most money they give you for a cleaning fee, and

7 then they move down from there. I think the maximum

8 is $200, if I'm not mistaken.

9 Q. All right. So over the time that you were

10 associated with Uber, with Rasier, how many times

11 did you have to send in some sort of request for a

12 cleaning fee?

13 A. I had two throw-ups, a soda spill, the

14 meatball grease. I'm going to say maybe six.

15 Q. Okay.

16 A. Six or less. Definitely no more than six.

17 Q. All right. And just to make sure I've

18 understood you, because I'm not sure I saw it in any

19 of the documents about how they would figure it, but

20 they would do whatever their calculations were and

21 send you the money even before you had the clean-up

22 done; is that right?

23 A. That is correct.

24 Q. Okay. Did any of those instances, those



232

1 half dozen times, any of those instances cost you

2 more to do the clean-up -- the clean-up, not the

3 lost ride time -- but did it cost you more for the

4 clean-up than they sent you?

5 A. No.

6 Q. Okay. All right.

7 A. I also want to point out that the scooter

8 accident to the door, they charged the passenger a

9 $250 cleaning fee to cover my deductible through one

10 of their two insurances that they used. So they

11 were going to charge me a $250 deductible, but since

12 the passenger was the one that opened the door, they

13 charged -- they called it a cleaning fee. They gave

14 it to me.

15 Q. Okay. There was a dent in the door,

16 correct?

17 A. Yes. A dime-size dent. The door does not

18 close correctly where there was stress.

19 Q. How much did -- I assume you got that

20 repaired, right?

21 A. Yes. I got an estimate. It was 500 and

22 some dollars. Uber gave me the $250 from the

23 passenger for the cleaning fee for the deductible.

24 I knew the insurance coverage had nothing



233

1 to do with what they advertise as their insurance,

2 that I can go through them and they'd send me a

3 check for the balance.

4 A couple of things with the insurance.

5 They claim they have a million dollar policy every

6 time I have a passenger. In this case, they said

7 that it would be a $1000 deductible if I went

8 through them. So they magically came up with this

9 other insurance company that they said was a $250

10 deductible. So they were arbitrarily doing nine

11 thousand things with insurance companies.

12 Q. Okay. Speaking of insurance, what sort of

13 insurance did you have that you paid for, if any?

14 A. I had GEICO.

15 Q. I'm sorry, you had what?

16 A. GEICO.

17 Q. Oh, okay.

18 A. They wanted me to put it through my

19 insurance.

20 Q. The GEICO insurance, was it just like

21 standard car insurance, with the PIP and maybe some

22 liability or something like that, or was there some

23 special provision in the policy for carrying

24 passengers?



234

1 A. There was regular full-coverage insurance

2 that the bank requires. Uber is aware that -- Uber

3 is aware that if GEICO or Progressive finds out that

4 you're an Uber driver, they will cut your plan.

5 Uber is aware of that, but they fool drivers into

6 thinking differently.

7 Q. Okay.

8 A. That is actually one of the questions when

9 you sign up for insurance with Progressive or GEICO.

10 They ask you that question, "Are you an Uber or Lyft

11 driver?" And if you answer "Yes," they will not give

12 you insurance.

13 Q. Okay. Was it the case when you got your

14 vehicle, though?

15 A. No. It was not the case. If they had

16 gotten a call that said, you know, I've made a claim

17 for this, they would not have covered it, and they

18 would have dropped me.

19 Q. While you were driving with Uber, could you

20 have gotten some of those other kinds of work, the

21 signing agent, the process server?

22 A. I have not to this day done one process

23 server. I am certified to do it for the Court, for

24 the 11th Circuit, but I have not done one yet.



235

1 As far as notary, everything that I was

2 doing was full-time at Uber. There was no time to

3 do anything else.

4 Q. Okay. Could you have, if you wanted to --

5 I mean, I understand that you were making good money

6 with Uber, so you wouldn't want to. But if you had

7 decided, for whatever reason, that you wanted to

8 sign off the app from Uber and go and do a couple of

9 rounds of overseeing the signing of documents and

10 then sign back on with Uber, could you have done

11 that, if you wanted to?

12 A. In order to do a notary, I would have to

13 get a phone call. But when I have the app on, I

14 turn the phone service off. For example, I would

15 have my mother trying to reach me. Whenever I'm

16 driving, she can't, because I don't have the phone

17 on because I don't want to mess with the -- when I'm

18 driving for Uber, I don't want to mess with the

19 directions that I'm getting from Uber. When you

20 accept a passenger, they give you what direction to

21 go, okay, where they want you to go with the

22 passenger.

23 Q. Okay.

24 A. The phone was there. I didn't want to get



236

1 interrupted with that.

2 Q. When Mr. Gore was testifying, he kind of

3 indicated that you would get the, I guess, signal to

4 indicate that somebody wanted you to drive; there

5 was a passenger, potential passenger, you know,

6 nearby which you could accept. And then you would

7 go and the passenger would tell you where they

8 wanted to go. It sounds like you're saying that's

9 not the way it worked.

10 A. That's true and it's not true. Here's why:

11 You get in the car, you turn on the app, you're

12 ready to go. You get -- a big bing comes up on the

13 phone, a circle with this loud noise.

14 You tap it. It now goes into a map of

15 where -- of this person, okay? It's just like your

16 GPS would talk to you. So it talks to you and tells

17 you, "Make a right here. Make a left there." You

18 end up at the passenger's location.

19 The passenger gets into the vehicle. But

20 sometimes you don't end up at the passenger's house.

21 Sometimes you end up across town at a different

22 place, because the passenger doesn't know how to use

23 the bid play. Then you just wasted 30 minutes of

24 your time driving to nowhere, okay?



237

1 But in this case, let's say I got a

2 passenger. The passenger sometimes has three stored

3 addresses: sometimes their home address, their work

4 address, sometimes they're going somewhere else and

5 they've input, prior to them getting into the

6 vehicle, their destination.

7 So literally I can get the passenger in the

8 car -- I click on the ride. They get a beep that

9 I'm there and they come outside. They get in the

10 car, and I start the ride. I literally do not have

11 to talk to this passenger, because they could have

12 put the address where they're going. I just file

13 the GPS, get them where they're going. Have a nice

14 day.

15 Now, some people don't do that. Some

16 people enter their code and they don't input an

17 address. In that case, I ask, "Do you know where

18 you're going?" They'll say, "Yes. I'm going to

19 Toys R Us." I'll look for Toys R Us on the screen.

20 It pops up an address, and then I'll put it in.

21 Sometimes they just want to give you their

22 own directions. Sometimes they want to go the way

23 they want to go, and that's what you do. You take

24 them the way they want to go, whether the GPS says



238

1 this way or that way. And that's what I would do.

2 But most of the time people have the

3 address in. Especially on my calendar, because I

4 had people at the club, when they're kind of drunk,

5 they don't want to be on Google Maps; they just want

6 to get home. I already have their home address.

7 They get in, you take them home, and that's the end

8 of the ride.

9 Q. Okay. So in those cases, perhaps few

10 cases, where the passenger gets in and they want to

11 tell you how to get to wherever it is, would you

12 ever say, you know, "They're going to charge you

13 more because it's a longer way around. Why don't we

14 go this way. It's shorter" or "cheaper"?

15 A. Well, if they're going somewhere that I've

16 already come from and I know there's traffic, I'll

17 mention -- okay. A lot of people in Miami, a lot of

18 people like to take U.S. 1. I like to cut through

19 CocoWalk, because U.S. 1 usually has a lot of

20 traffic. If they're from out of town, they don't

21 know about a shortcut through CocoWalk.

22 So I mention to them, "I can save you 20

23 minutes if I go this way," which the GPS is not

24 telling me to go that way.



239

1 I actually had a situation where I forgot

2 to ask the passenger, and I went that way, and the

3 passenger actually complained to Uber. I saw, four

4 days later, that Uber took some money from me. I

5 complained to Uber, and I said, "Why did you take

6 the $7 from me?" And they're, like, "Oh, because

7 you went an inefficient route."

8 But I said, "No, I didn't go an inefficient

9 route. I saved that passenger 30 minutes because of

10 the construction I knew on U.S. 1, and I went

11 through CocoWalk." And they put the money back.

12 But had I not been checking my money, as I do, I

13 would have never caught that they had taken money

14 from me after it had already been put there.

15 Q. So when they took the money out and then

16 they put it back in, was that based solely on what

17 you had told them or the reason you gave them for

18 why you took a different route than the one they

19 thought was best?

20 A. Right. It took a couple e-mails back and

21 forth that weren't exactly cordial.

22 And they have done that a couple of times

23 to me. One time I was actually going a straight

24 line. It went from one point on U.S. 1 to another



240

1 point on U.S. 1. The only way to get there quicker

2 would have been by helicopter.

3 And they took, like, $2 or $3 out. But it

4 was the principle. I said, "Why did you" -- mind

5 you, they don't send you an e-mail saying, "Hey, we

6 got a complaint. This person says you went an

7 inefficient route. What's the story?" You know,

8 they just do it. And then if you don't catch it,

9 you're just -- it's just going to be, you know,

10 something that -- they're basically stealing from

11 you. And I told them that.

12 So it was from Point A to Point B on U.S.

13 1, a straight line. And I, in not so many nice

14 words, told them, "Well, what are you doing? It's a

15 straight line. I can't get there any faster."

16 Q. Did they restore the money?

17 A. They did.

18 Q. Okay. All right. Now, when they paid you,

19 was it once a week?

20 A. Yes.

21 Q. Did they say why they were paying you once

22 a week rather than, you know, each day or for each

23 ride?

24 A. No. They had no explanation.



241

1 Q. And would they pay you by direct deposit?

2 A. Yes.

3 Q. And at the end of the year, then, in 2014,

4 you got a 1099 form; is that right?

5 A. Yes. That's correct.

6 Q. Okay. And in your case -- sorry, I'm trying

7 to remember -- was it a 1099-K or a 1099-MISC?

8 A. I don't remember. I could look it up if

9 you want.

10 Q. I've got a copy here. It's showing a form

11 1099-K. It says, "Payment Card and Third Party

12 Network Transactions." Anybody explain to you why

13 they sent you that form rather than some other kind

14 of 1099?

15 A. No.

16 Q. Okay. And were you able to use that form

17 when -- I'm assuming you filed income taxes for

18 2014?

19 A. Correct.

20 Q. And were you able to use that form for your

21 income taxes okay?

22 A. I was, since I got the TurboTax.

23 Q. Ah. Okay. Did they have some, like,

24 special, like, subroutine that you had to go through



242

1 because you had a 1099-K?

2 A. Yes. Because of the 1099, it wasn't like

3 your regular standard W-2, use a 1040 form, you

4 know, one-page document. Because of the 1099, there

5 were much more documents needed to be filled out. I

6 tried to go to H&R Block, but they wanted a whole

7 bunch of money.

8 MS. LISS-RIORDAN: I'm sorry to interrupt.

9 This is Shannon Liss-Riordan. On the phone, I just

10 want to instruct my client just to answer the

11 question so we can move it along.

12 HEARING OFFICER HOUSER: That's legitimate.

13 Q. But just to follow up on that, when you

14 were doing your income taxes from TurboTax, were

15 they pestering you to give lots of information so

16 that you could get all the deductions you were

17 entitled to?

18 A. They take you step by step. It gives you

19 options. Whether I did them correctly or not, the

20 IRS will probably tell me in two years.

21 Q. Well, okay. Were you taking deductions

22 for, like, certain expenses, for your gas, for

23 repairs to the car, et cetera?

24 A. Yes. Whatever was allowed under the law, I



243

1 took.

2 Q. Okay.

3 A. I thought.

4 Q. Were you essentially relying on TurboTax to

5 let you know what was and wasn't allowed?

6 A. Right. Whether that was right, I don't

7 know.

8 Q. Okay. Well, that's fine. A lot of people

9 do that.

10 You had mentioned something a little

11 earlier about medical insurance. How would you get

12 medical insurance?

13 A. I'm a self-payer.

14 Q. All right. And there is no need to go into

15 that any further, I don't think.

16 Did Uber give you any sort of, you know,

17 other kinds of benefits beyond, you know, paying you

18 for the services? In other words, I'm asking, did

19 you get, like, paid vacations or some sort of

20 contribution to a retirement account or anything

21 like that?

22 A. Not that I know of, no.

23 Q. Okay. All right. So, in all of the

24 interactions that you had with Uber, were you ever



244

1 directed towards a set of statements that set out,

2 you know, what exactly Uber expected of you and what

3 you were entitled to expect of Uber?

4 A. I didn't understand the question. Can you

5 say it again.

6 Q. Okay. Well, you know, I had asked about

7 the document, basically the agreement that has been

8 mentioned a couple of times, the Software Sublicense

9 and Online Services Agreement, which, you know, your

10 testimony is you didn't get it.

11 Were you directed towards any kind of, you

12 know, online information that set out, you know,

13 "Here's what Uber is going to do for you. Here are

14 the rules, basically, of how Uber is going to treat

15 you, and here's the rules about how you need to

16 treat Uber"?

17 A. Well, whenever I would have these numerous

18 back-and-forth e-mails, which they are numerous,

19 between me and Uber, a majority of them were form

20 e-mails, meaning they weren't directed to me. They

21 were just form letters that would give links to, you

22 know, "Frequently Asked Questions."

23 And if you responded to that one, that one,

24 then you might get somebody who was actually reading



245

1 that you're complaining. So your initial responses

2 from Uber seemed to always be just form letters.

3 Q. Was there anything further, Mr. McGillis --

4 I'm sorry, in any of the discussions that you had

5 with Uber, was there ever any discussion about, when

6 you were driving for them, whether you were an

7 employee or an independent contractor?

8 A. When I was filing for unemployment and I

9 told them that, they said I can't file for

10 unemployment because I'm an independent contractor.

11 Q. That was when?

12 A. That was the first week of April.

13 Q. Okay. That wasn't when you were driving

14 with Uber; that was after the last, I guess, trip,

15 right?

16 A. Right.

17 Q. Okay. Was there any discussion like that

18 prior, you know, from October 2014 to end of March

19 2015?

20 A. I'm sorry. Could you repeat that.

21 Q. Yes. Between October of 2014, when you

22 first signed up or first applied with Uber, up to

23 the end of March 2015, was there any discussion that

24 you had with somebody from Uber about whether you



246

1 were an employee or an independent contractor?

2 A. No.

3 Q. Okay. And when you got the 1099 -- do you

4 remember when you got that?

5 A. I don't remember the exact date, no.

6 Q. Do you remember if it was by, you know,

7 January, February, some other time?

8 A. You know, that is something that came in

9 the mail one day, and I added it to my W-2s. And I

10 know I was waiting for some W-2s that came pretty

11 much down towards the deadline of April 15th. So

12 honestly, if I told you, I'd be lying.

13 Q. Okay. All right. So then during 2014, you

14 know, what other places did you work that you got

15 the W-2s from?

16 A. They were positions of armed security.

17 Q. Oh, okay. And you worked with more than

18 one security company?

19 A. Yes. Some of them were temporary. Some

20 were -- but they were all full-time.

21 Q. Were you able to go back to that kind of

22 work after Uber, I guess, deactivated you?

23 A. I did attempt to, and I did go to a couple

24 interviews, but nothing came through. Obviously,



247

1 you know...

2 Q. All right. Let's see here. So when you

3 got the W-2s from the security companies and the

4 1099 from Uber, did you get -- from Rasier -- did

5 you get any other 1099s for 2014?

6 A. I believe I've got -- I don't know if they

7 were 1099s, or whatever they were, for notary work

8 that I did in 2014 that were given to me from the

9 banks that pay me.

10 Q. Okay. So did you ask anybody -- you know,

11 once you got the 1099 from Uber/Rasier, did you ask

12 anybody with the company about why you were getting

13 that instead of the W-2?

14 A. No, because I think -- I was fired by them.

15 It was very confusing, just to say the least.

16 Everything I did as far a filing taxes was done

17 right towards the last minute of the deadline for

18 filing the taxes.

19 Q. Okay. Was there anything further, Mr.

20 McGillis, that you wanted to tell me on the issue of

21 when you were working, when you were working with

22 Uber driving, whether you were working as an

23 employee or an independent contractor?

24 MS. LISS-RIORDAN: Yes, Mr. Houser, I'm



248

1 going to be asking him some questions on direct.

2 HEARING OFFICER HOUSER: All right. Go

3 ahead.

4 MS. LISS-RIORDAN: Can we just take a brief

5 break for a moment before I begin, just a brief

6 bathroom break?

7 HEARING OFFICER HOUSER: Okay. So it's 3:31

8 p.m. right now. Five minutes?

9 MS. LISS-RIORDAN: Five minutes is perfect,

10 yes, thank you.

11 HEARING OFFICER HOUSER: Okay. Go ahead and

12 we'll wait.


14 (Recess)

15 MS. LISS-RIORDAN: I'm back, just so you

16 know.

17 HEARING OFFICER HOUSER: Okay, great. All

18 right. Let's just make sure, Mr. Wilson, are you

19 still there?

20 MR. WILSON: Yes, I am.


22 still there? Let's hope we haven't lost Ms. Taylor.

23 It shows it's still connected.

24 Ms. Taylor? Ms. Taylor?



249

1 MS. TAYLOR: I'm here.

2 HEARING OFFICER HOUSER: Oh, okay. Great.

3 You may have been saying something and I couldn't

4 hear.

5 All right. So we'll proceed, and -- all

6 right. So, Ms. Liss-Riordan, go ahead with your

7 questions for Mr. McGillis.




11 Q. Hello, Mr. McGillis.

12 A. How are you?

13 Q. Good. How are you?

14 A. I'm doing good.

15 Q. Good. Good. Okay, I know it's been a long

16 day, so I'll try to keep it a little more brief.

17 So my first question for you, Mr. McGillis,

18 is, prior to your work for Uber, had you ever worked

19 before as a driver?

20 A. No.

21 Q. So had you ever been a limo driver before?

22 A. No.

23 Q. Had you ever been a taxi driver?

24 A. No.



250

1 Q. You had never provided any kind of car

2 service at all prior to working for Uber?

3 A. Never.

4 Q. And so I understand that your previous work

5 experience was working as an employee at various

6 security companies; is that right?

7 A. In 2014, yes.

8 Q. Okay. All right. And so were you running

9 your own business when you were working for Uber?

10 A. No.

11 Q. Okay. When you applied to work for Uber,

12 did you have to show that you had any particular

13 work experience?

14 A. No.

15 Q. Did you have to show that you had any

16 particular educational background?

17 A. No.

18 Q. Now, you talked a little bit about some of

19 the training that you had which you viewed on the

20 videos in order to start driving for Uber. Do you

21 remember that?

22 A. Yes.

23 Q. Can you tell the Hearing Officer a little

24 more about what was on those training videos. What



251

1 information did Uber give you before you started

2 doing the work driving?

3 A. Well, each video was geared towards a

4 different topic. One of them would have been

5 showing you how to operate the phone, the app, when

6 you got the phone from them or used your own. It

7 would show you how to use the software, per se, how

8 it operated, picking up passengers, accepting a

9 ride, you know, closing out the ride.

10 It was talking about greeting the people.

11 It showed a very well-dressed man, more like a limo

12 style dress-up. So it gives you the indication that

13 you should dress very nicely.

14 It gave you --

15 Q. You say --

16 A. What?

17 Q. I'm sorry. Say that again. I didn't mean

18 to interrupt. What was that?

19 A. It gave you info on how to increase your

20 star rating by providing water or bubble gum or

21 things of that nature.

22 Q. I'm sorry. I'm going to interrupt

23 occasionally. So did you understand that they were

24 suggesting that you provide water for passengers?



252

1 A. Yes.

2 Q. And providing gum?

3 A. Yes. And they specifically told you, "Do

4 not take tips."

5 Q. You also mentioned that the video talked

6 about greeting people. What did they tell you about

7 how you should greet people?

8 A. You know, "Hello. How are you?" You know,

9 the standard greeting. I guess one of the videos

10 might have shown the driver getting out and

11 demonstrating to open up the car door for the

12 passengers.

13 Q. Okay. So did you understand that they were

14 suggesting that you should open doors for

15 passengers?

16 A. Yes.

17 Q. Did they give you any other instructions

18 that you remember about your interactions with

19 passengers, like how to pick them up or what part of

20 the street to go to, things like that?

21 A. Yes. To, you know, whatever side of the

22 street they're on, be there. To wait a minimum of

23 ten minutes before you call the passenger. You

24 know, that calling the passenger too soon could be



253

1 annoying to the passenger; it would not be a

2 customer-friendly atmosphere. You should wait, be

3 patient.

4 Keep your car clean, vacuumed, car washed.

5 You know, the things that make a presentable

6 appearance for the Uber name, basically, is what

7 they were concerned about, the Uber name.

8 Q. Was there a rule they gave you about how

9 long you should wait for a passenger?

10 A. Yes. Ten minutes.

11 Q. And then what did they tell you --

12 A. Call the passenger. Call or text, I

13 believe it may have been. But I know call was

14 there.

15 Q. Okay. But you weren't supposed to call or

16 text the passenger until ten minutes had gone by?

17 A. Right. That's what I recall.

18 Q. And then what happened if you still

19 couldn't reach the passenger after you did that?

20 HEARING OFFICER HOUSER: Hang on just a

21 second, Ms. Liss-Riordan. We've lost somebody and I

22 need to contact them back. I think it's actually --

23 sorry. The Tallahassee.

24 No. It's shown as connected. So hopefully



254

1 we are connected. Okay. We've done about all we

2 can do.

3 Go ahead, Ms. Liss-Riordan. You were

4 asking?


6 Q. I think my question was, so if you waited

7 the requisite amount of time and then tried calling

8 the passenger and the passenger still wasn't there,

9 what did Uber instruct that you were supposed to do

10 at that point?

11 A. Call them. If you couldn't reach them,

12 then you could cancel the ride. Make sure that you

13 have the correct location, of course, wait the

14 minimum of ten minutes and then call. And if you

15 are unable -- if there is no communication, then

16 cancel the ride, which is what I would do.

17 Q. Okay. And would you get any compensation

18 for having shown up for a ride like that, where the

19 passenger didn't show up and didn't respond?

20 A. If five minutes have passed, you're

21 supposed to get a cancellation fee of $5.

22 Q. Okay. And did you typically get those fees

23 when that happened?

24 A. Sometimes I would see those fees not



255

1 appearing, and sometimes I would see them.

2 Q. Did you know on what occasions you got them

3 and what occasions you didn't get them?

4 A. Yes, because I would look for them. But I

5 kind of brushed them off because I was doing so much

6 work anyways that I just was, like, whatever.

7 Q. Right, but --

8 HEARING OFFICER HOUSER: I apologize for

9 interrupting again. It looks like we're getting the

10 phone line a little unstable, given the amount of

11 time. Let's see if we can get them back on the

12 line. (Phone ringing) Now it looks like we're

13 reconnected.

14 So I'm sorry, Ms. Liss-Riordan. Go ahead.

15 You were asking about cancellation fees.



18 Q. So my question is, do you know whether Uber

19 played some role in determining when you got the

20 cancellation fees and when you didn't get the

21 cancellation fees when a passenger didn't show up?

22 A. Yes. Everything was at their discretion.

23 Q. It was at Uber's discretion whether you got

24 the fees?



256

1 A. They had full control. I had no control

2 over any of that.

3 Q. Okay. Now, when you were driving for Uber,

4 there's been some testimony that you got e-mails

5 from them, for instance, showing your ratings; is

6 that right?

7 A. Yes.

8 Q. Besides -- well, we'll come back. Besides

9 those e-mails showing your ratings, did you get

10 communications from Uber from time to time while you

11 were driving for them?

12 A. Yes.

13 Q. How often did you get communications from

14 Uber while you were driving for them?

15 A. Almost daily.

16 Q. And what kinds of things were in these

17 communications?

18 A. Oh, they were trying to get me to buy a car

19 through their car system; letting me know about

20 events coming up in Miami; cutting the fares for

21 certain -- why we were cutting fares in Miami.

22 Everything that you could think about.

23 When it's going to be surging, hot spots.

24 Rewards. They are trying to offer you rewards,



257

1 discounts through AT&T and Sprint or through stores,

2 stuff like that.

3 You know, you could go in -- they will let

4 you know about your stars, the stars you got. They

5 send you your money that you made for the week.

6 They will let you know before payday how much it's

7 adding up to. A lot of things.

8 Q. And did they send you, in these e-mails,

9 pointers about, you know, how to act, how to be a

10 good Uber driver?

11 A. Yes. There was always a little how --

12 pointers of, you know, what's best to do and not do.

13 One of them was telling me how to pick up people at

14 the airport and avoid getting a $2000 ticket,

15 because, you know, they're still working with the

16 Miami-Dade County. And "While we're working out

17 this problem, here's what you need to do to avoid

18 law enforcement."

19 They would have issues in West Palm Beach,

20 telling us that you need to have your car inspected

21 if you're going to work there. Various things that

22 were going on.

23 Q. Okay. Do you remember other pointers that

24 they would e-mail you about about how to do a better



258

1 job as an Uber driver? Like interactions with

2 customers, things like that?

3 A. Yes, customers. You know, make sure you

4 get them to the correct destination. You know, dial

5 up with the customers when you arrive. Be polite.

6 Your standard, basic customer service.

7 Q. Okay. Now, I think you had mentioned before

8 that you were working quite a few hours. How many

9 hours per week would you say you were working for

10 Uber during the time you worked for them?

11 A. Well over 40 hours.

12 Q. And was that consistently throughout the

13 entire time you were with Uber?

14 A. With the exception of, I think, one week

15 where I was a little under the weather, where I

16 might have worked maybe 30 hours. It was just one

17 week somewhere in the middle of that time.

18 Q. And what would you say was the most number

19 of hours that you worked in a week?

20 A. I would probably -- the week I was sick.

21 Q. Not the least.

22 A. Oh, the most?

23 Q. Yes.

24 A. The most I probably worked, I would



259

1 probably put it at, my God, almost close to 80 or

2 70. 80. I was putting in a lot of hours for them.

3 Q. So you said you usually worked more than

4 40. You sometimes worked as much as 70 or 80. What

5 would you say is the typical number of hours per

6 week you worked?

7 A. If I were to guess, it would be anywhere

8 from 45 to 55.

9 Q. And was your work for Uber your main source

10 of income during that period that you worked for

11 Uber?

12 A. Yes, it was.

13 Q. Okay. Now, the rate that was charged to

14 passengers, who decided on those rates, you or Uber?

15 A. Uber dictated the rates when I began, and

16 they dictated the current fares in January in the

17 middle of my employment with them.

18 Q. Okay. Did you have any ability to negotiate

19 with customers the rates that they would pay for the

20 car service?

21 A. None whatsoever.

22 Q. And what percentage commission did Uber

23 take from the fares?

24 A. Uber, no matter what the fare was, a $5



260

1 fare or $100 fare, they took a dollar off the top of

2 every fare. Once they took that dollar, then it

3 became a percentage. If you were on the X, uberX,

4 it would be 20 percent Uber, 80 percent the driver.

5 If you're on the XL, 28 percent Uber, 72 percent the

6 driver.

7 Q. And were those the rates that Uber charged

8 you?

9 A. I'm sorry?

10 Q. Were those the rates that Uber took from

11 the rides that you did?

12 A. Yes.

13 Q. Did you have any opportunity to negotiate

14 those percentages?

15 A. No.

16 Q. Okay. And how were you actually paid for

17 your work driving?

18 A. Direct deposit into my bank account.

19 Q. Okay. So it would pay, like -- the

20 passenger paid by credit card to Uber, and then Uber

21 paid you?

22 A. Yes. They would collect all the monies,

23 and then -- the monies would come in and, you know,

24 at the end of the week -- the work week began Monday



261

1 at 4 a.m. and ended at Sunday at 4 a.m. And then on

2 Thursday, sometime on Thursday, there would be a

3 direct deposit coming through to my account for that

4 week.

5 Q. So if you had wanted to, instead of getting

6 paid through this method by credit card and direct

7 deposit, could you have just taken cash directly

8 from the customers or checks from the customers?

9 A. That's prohibited.

10 Q. Okay. So you didn't have any -- did you

11 have any opportunity to negotiate or change the

12 system of how you got your pay?

13 A. No. None whatsoever.

14 Q. Okay. Now, the customers who you drove,

15 were customers able to request you in particular?

16 A. No.

17 Q. So were you able to develop any kind of

18 special relationship with any of your customers to

19 make them repeat customers?

20 A. No.

21 Q. Okay. I think I saw on some of your

22 documents that you had a suggestion at one point to

23 Uber that you could dress up as Santa at

24 Christmastime? Do you remember that?



262

1 A. Yes. Thank you for bringing that up.

2 Q. So if you had wanted to try to increase

3 your business by dressing up as Santa to try to

4 attract more customers to you, could you do that?

5 A. It wouldn't attract customers to me. It

6 would just kind of make my star rating higher. So,

7 no, I couldn't do it to attract customers, but the

8 passengers that I had would make my star rating much

9 higher. So I could not do that, no.

10 Q. Okay. Okay. Were you allowed to dress up as

11 Santa?

12 A. There was no opposition to it, but there

13 was no -- so I think -- I guess if I wanted to, yes.

14 Q. Okay. Uber didn't tell you you couldn't

15 dress up as Santa? I thought they told you you

16 couldn't do that.

17 A. You know, I can't remember. It's such a

18 long time ago. Honestly -- I would be lying if I

19 told you the answer, because it was a long time ago.

20 I remember inquiring. I can't remember the

21 response.

22 Q. Okay. Did you ever dress up as Santa?

23 A. No, I did not.

24 Q. Okay. There has been some talk in this



263

1 hearing about guaranteed hourly rate. Were there

2 times that you received guaranteed hourly rates from

3 Uber?

4 A. Yes, that is correct. Under certain

5 circumstances.

6 Q. Okay. And did you feel that -- through

7 using these hourly rates or through the surge

8 pricing, did you feel that Uber was encouraging you

9 and other drivers to work at certain times?

10 A. Well, not only were they encouraging, in

11 order to get that hourly rate, you had to stay

12 online working for Uber at least 50 minutes, and you

13 had to have at least gotten one passenger ride in

14 that hour.

15 So this was a very creative way for them to

16 lock you into Uber exclusively, preventing you, if

17 you did have other work, from doing other work, when

18 you were forced to work for Uber to get that hourly

19 rate.

20 Q. So my question -- Mr. McGillis, my question

21 is, at certain times were you -- I think you

22 mentioned this a bit in your answers before. Were

23 there times that Uber, from what you could tell, was

24 trying to get you and other drivers to go to



264

1 particular locations at particular times?

2 A. Yes.

3 Q. And how did they do that?

4 A. They would give certain areas guaranteed

5 hourly rates. They would give incentives to

6 drivers, such as "It's surging in this area. You're

7 going to make a minimum of $30 an hour if you work

8 this area." They used the word "guaranteed" in

9 these communications, in these texts and e-mail.

10 Q. So did you sometimes go to the places where

11 they said that rates were surging because they had

12 told you -- they had given you these messages?

13 A. Yes.

14 Q. Now, I know there was a lot of discussion

15 in your questioning before, but just I want to

16 summarize here. When a customer messed up your

17 vehicle -- you mentioned the meatballs being spilled

18 and some vomiting episodes -- generally, Uber had a

19 policy to reimburse for cleaning when there were

20 such messes, right?

21 A. Right. They called it a cleaning fee.

22 Q. It sounds like it was not always so easy to

23 get the reimbursement for the cleaning fee?

24 A. At the beginning it was easy, and at the



265

1 end, the last few months, it was very difficult.

2 Q. Okay. And when you say it was difficult,

3 did you feel like Uber was using its discretion in

4 determining whether or not to pay the cleaning fee?

5 A. You know, not only to pay, but also

6 determining the amount. I had vomit in the SUV in

7 the last two months of working for them, and they

8 took a few days even to respond to my pictures and

9 everything.

10 Then when they did respond -- the maximum

11 you can get is $200, from what I understand. They

12 responded with, I think, $150. And I said, "Well, I

13 lost the whole night. I said the last time I had to

14 clean up something, it cost me this amount of

15 money." So they eventually went ahead and gave me

16 another $50, but it took a lot of teeth pulling.

17 In one instance, with the soda --

18 Q. Wait, wait, wait. I'm sorry. I just want

19 to keep it moving here. So I'm going to move on

20 from the cleaning fees. That's okay.

21 A. They gave me less than what it cost me to

22 clean up on one incident. That's what I was going

23 to mention.

24 Q. But the point is, did you feel like it was



266

1 within Uber's discretion to decide how much they

2 were going to reimburse you?

3 A. It absolutely was. And it changed from

4 time to time, and I have --

5 Q. Okay. I'm sorry. Just so we can move

6 along, I'm not going to ask you for the examples. I

7 think we talked about that at fair length before.

8 Now, we talked about the rating from the

9 client. Did you have an understanding about what

10 the purpose of these passenger ratings was or what

11 the potential repercussions were from these ratings?

12 A. Yes.

13 Q. And can you explain that.

14 A. If you dropped below 4.6, you would be

15 deactivated, fired, terminated from Uber.

16 Q. Okay. And then did that affect -- so you

17 were aware of that while you were driving for Uber,

18 that if your ratings went too low, you could be

19 deactivated?

20 A. Yes. So regardless --

21 Q. Did that affect what you did or how you

22 performed your job?

23 A. Well, yes. It had an impact.

24 Q. Can you explain that.



267

1 A. Yes. Because no matter how you were being

2 treated by the customer, you needed to always be on

3 your game, because if your rating was below this

4 percentage, you're gone, with no recourse.

5 Q. So did you understand, Mr. McGillis, that

6 Uber had the discretion to fire you if they wanted

7 to?

8 A. Yes. That was made clear.

9 Q. And did that have an impact on what you did

10 as a driver?

11 A. It has an impact, and it has a ripple

12 effect across the United States, because many

13 drivers won't talk to anybody or put their name out,

14 because -- in fear of it happening to them, because

15 they're afraid of being deactivated.

16 Q. Okay. So my question for you, knowing that

17 you could be deactivated at any time, did that have

18 any kind of effect on you and what you did while you

19 were working for Uber?


21 Q. Can you explain that.

22 A. Well, it kept me very nervous and very

23 cautious of everything that I was doing, because my

24 employer was looking over my back constantly and



268

1 checking up on me, based on the rating system.

2 And I had to always, you know, be on my

3 game. It was a stressful situation, knowing that

4 you could be fired at any moment and not know why.

5 Q. Did it make you feel like you needed to do

6 what you understood Uber wanted you to do?

7 A. Yes. I always had the water, always

8 stocking up the water. Even though it was costing

9 me money, these were the things they were saying to

10 do to keep your rating high, always having candy and

11 other things. And this was costing me money. But

12 that's what Uber demanded with their videos.

13 Q. So, now, when you were doing the work, did

14 you accept all the rides that were offered to you?

15 A. Almost all of them. Almost all.

16 Q. Did you understand that you were supposed

17 to pretty much accept all the rides that were

18 offered?

19 A. Yes. It was very nerve-racking when you got

20 a beep. Then if you didn't accept it, the

21 consequences of being terminated. So when you push

22 the button, you'd better be sure you're going to go

23 get that passenger, because you were on pins and

24 needles.



269

1 Q. Mr. McGillis, while you were working for

2 Uber, did you ever have any employees yourself?

3 A. No. That was prohibited, even to bring a

4 passenger with you.

5 Q. I know there was some talk a little earlier

6 about your deactivation. Can you describe for us

7 briefly what led to your deactivation, as you

8 understand it.

9 A. Yes. I was told -- well, really I wasn't

10 given any reasoning. But somebody had called me and

11 told me that, because I requested information --

12 requested -- for Uber's insurance form -- Uber

13 required the name of the witnesses and passengers in

14 the car. I didn't have that. So I --

15 Q. Wait, wait, wait. I'm sorry. I'm going to

16 interrupt just to back up for a moment, just to

17 describe the context of the insurance form. So I

18 understand that there was an accident of some sort

19 involving your vehicle?

20 A. Yes.

21 Q. Can you just tell us briefly what happened.

22 A. There was seven people in the vehicle.

23 They were going to the Ultra Music Festival, young

24 people. I pulled over to the side of the road. The



270

1 young man in the back opened the door to exit, and a

2 scooter illegally came onto the sidewalk to bypass

3 me and hit the door and crashed into the door, and

4 that caused some damage to the door.

5 Q. Okay. And then what happened after that

6 incident occurred?

7 A. Obviously the police were called, and an

8 ambulance came for the scooter rider. I contacted

9 Uber immediately.

10 Q. Let me just ask you, was there a rule that

11 you were supposed to contact Uber if there was an

12 accident involving your car?

13 A. Yes.

14 Q. Okay.

15 A. Inside the app it gives you a drop-down box

16 for that purpose.

17 Q. Okay.

18 A. I took pictures and sent them to Uber.

19 They told me they would be basically in touch with

20 me. They sent me a link to what was called Uber's

21 Incident Report, a two-page document, which is their

22 internal report. They want you to draw a diagram

23 and answer some questions pertaining to the

24 accident. It's kind of like a police report, but



271

1 Uber's version.

2 Q. Okay. And so you submitted a report to

3 Uber?

4 A. Right. But I couldn't completely fill it

5 out because of the information I needed.

6 Q. What information was that?

7 A. I needed the name of the passengers and the

8 witnesses. Those were the people that were in the

9 vehicle with me.

10 I e-mailed Uber requesting that

11 information, and they refused to provide it, at

12 which point I said, "If you can't provide me the

13 info, I have to go to the passenger's home to get

14 the info that your document -- you won't reimburse

15 me unless you have the document completed."

16 So I needed the info from the customer. I

17 can't fill out the form. If I can't fill out the

18 form, I can't get my car fixed.

19 Q. Mr. McGillis, did you go to that

20 passenger's home?

21 A. Never. I never went.

22 MS. LISS-RIORDAN: Okay. Wait. I just got

23 a message that Uber's attorney got cut off from the

24 call.



272

1 HEARING OFFICER HOUSER: All right. I will

2 call him back. (Phone ringing)

3 WOMAN'S VOICE: Good afternoon. Littler


5 HEARING OFFICER HOUSER: Hi. We were on

6 the line with Mr. Wilson, with Courtney Wilson. We

7 got cut off. Can we get reestablished?

8 WOMAN'S VOICE: Okay. Sure. What's your

9 first name, sir?

10 HEARING OFFICER HOUSER: My name is Jackson

11 Houser.

12 WOMAN'S VOICE: Give me just one second,

13 sir.

14 MR. WILSON: Hi. This is Courtney.

15 HEARING OFFICER HOUSER: Mr. Wilson, we got

16 cut off. Evidently you sent a message to Ms.

17 Liss-Riordan. I didn't see it shown on my screen

18 that you had gotten cut off.

19 When did you last -- what was it that you

20 last heard?

21 MR. WILSON: The last question was whether

22 Mr. McGillis had any employees while he worked for

23 Uber.

24 HEARING OFFICER HOUSER: Okay. So we need



273

1 to go back just a little bit and -- hmm, maybe a

2 lot.

3 MS. LISS-RIORDAN: Okay. I can pick it up

4 from that point.

5 HEARING OFFICER HOUSER: What led to the

6 deactivation, basically, was the line of

7 questioning.

8 MR. WILSON: We got off before we even got

9 an answer about whether he had any employees.

10 MS. LISS-RIORDAN: Let's go back to that

11 one then.


13 Q. Mr. McGillis, did you have any employees?

14 A. No.

15 Q. Okay. Now, after that I started to ask you

16 about the events that led to your deactivation. So

17 can we run through those again.

18 HEARING OFFICER HOUSER: Before you get

19 into that, Ms. Liss-Riordan, let me just say, I

20 think that -- you know, yes, that was the answer.

21 But I believe that the answer that Mr. McGillis had

22 originally given to the question about having any

23 employees is that, no, that it was prohibited even

24 to have a passenger. So -- for what that's worth.



274

1 To the extent it's different, I just wanted to make

2 sure that Mr. Wilson was aware of the full answer.

3 But that's basically what Mr. McGillis

4 said. Is that right?

5 MS. LISS-RIORDAN: Yes. That is what I

6 believe he said.


8 Okay. So I'll let you go back and reiterate from

9 there.



12 Q. So, Mr. McGillis, we're going to run

13 through again what we had just covered when Uber's

14 counsel was off the call, talking about the events

15 that led to your deactivation.

16 So I understand that there was an accident

17 involving your vehicle at some point; is that

18 correct?


20 Q. And can you describe for us briefly what

21 happened.

22 A. I was dropping off seven college students

23 who were going to the Ultra Music Festival in

24 downtown Miami. I pulled the vehicle over to the



275

1 sidewalk where they requested to be dropped off. As

2 I stopped the vehicle completely, the back

3 passenger, a young man, opened his door, and a

4 scooter who was impatient, obviously, came up on the

5 sidewalk, and he hit the door of the car and caused

6 some minor damage. And that's what happened.

7 Q. Okay. And was there any protocol or

8 requirement of what you were supposed to do if your

9 car is in an accident while you're driving for Uber?

10 A. Yes. Uber has a drop-down box in the app

11 verifying the incident, which I did. I communicated

12 with them back and forth that whole day.

13 They sent me a two-page Uber incident

14 report, which is similar to a police report or an

15 accident report. They requested numerous

16 information, including making me make a diagram of

17 what happened in a box.

18 One of the information that they wanted on

19 there was, in order to be reimbursed for damages

20 through the insurance company, I needed to provide

21 the witnesses' and the passengers' names that were

22 with me.

23 I e-mailed Uber, telling them I need this

24 information for their form. And they refused to



276

1 provide it. They didn't even respond to me. And I

2 told them, by follow-up e-mails, that I would have

3 to go to the passenger's home to get that

4 information, because you won't reimburse me until

5 you have this completed form, and I need -- you

6 won't give me the information.

7 So they --

8 Q. Okay. So, Mr. McGillis, I think my next

9 question for you was, did you go to the passenger's

10 home?

11 A. No, I did not. Never did.

12 Q. And then what happened next?

13 A. I completed the form with the address

14 unknown -- the names unknown of the passengers on

15 the form. I submitted it to their insurance

16 company. And then another insurance company --

17 there were several insurance issues, because they

18 wanted a $1000 deductible.

19 So they found another insurance company

20 that was only $250 deductible. Uber called me and

21 said they were going to charge the passenger the

22 $250 deductible as a cleaning fee, and they

23 contacted the passenger for that. I had no contact

24 with the passenger at all, nor did I go to their



277

1 house.

2 Q. Okay. And then did you -- were you able to

3 continue driving for Uber after that?

4 A. The day of the accident, after waiting a

5 few hours for the police to do their investigation,

6 I did do probably six or seven more rides that day

7 or that evening, and then I went home.

8 Q. Then did you -- were you able to continue

9 driving for Uber after that?

10 A. No. Then I was told that they were

11 deactivating me for threatening to go to the

12 passenger's home, which is a violation of their

13 privacy terms.

14 Q. Had they ever told you before that you

15 weren't allowed to do something like that if they

16 asked for it on one of their forms?

17 A. No.

18 Q. Okay. And so you were deactivated?

19 A. Yes. Well, I was initially deactivated the

20 following day because of the accident. They didn't

21 know about further damages. They reactivated it

22 when they realized I didn't have further damages,

23 but then a few hours or a day later, and I had not

24 taken any further rides, they deactivated me again



278

1 permanently for the passenger's information for

2 their insurance form.

3 Q. Okay. And then as a result of being

4 deactivated, I take it that that affected your

5 income?

6 A. Drastically. And my health.

7 Q. Okay. Mr. McGillis, the hour is getting

8 late, so I do want to wrap up soon, but I just want

9 to run through with you quickly some of the exhibits

10 that we submitted. Do you have those there?

11 A. The ones that you submitted?

12 Q. Yes. The big stack of the ones we

13 submitted.

14 A. Yes.

15 Q. Okay. All right. I'm going to identify

16 certain ones. If you could just turn to them as I

17 identify them. If you turn to No. 7?

18 A. Okay. No. 7.

19 Q. I believe you had testified before about

20 various e-mails you would get from Uber giving you

21 instructions on various things. Is this an example

22 of one of those e-mails that you would get from Uber

23 while you were working for them?

24 A. Yes. And this is just one of several that I



279

1 got that stated their information over a period of

2 time.

3 Q. And this is the one about how to act at the

4 airport, right?

5 A. That's correct. South Florida airport.

6 Q. Now, if you flip to No. 8, I understand

7 that you would get e-mails from time to time

8 encouraging you to drive at different times and

9 letting you know that you would get -- can expect to

10 get certain hourly rates. Is that right?


12 Q. So is No. 8 an example of one of those

13 e-mails you would get?

14 A. Yes. That is correct.

15 Q. Where it says, "Partners can earn as much

16 as $35 per hour or more in fares"?


18 Q. Now, if you flip to No. 9, we've got some

19 excerpts from Uber's website on here. The second

20 page of Exhibit 9 talks about how acceptance rates

21 are calculated, and it says, "You should accept at

22 least 80 percent of the trip requests to retain your

23 account status." Do you see that?

24 A. Yes, I do.



280

1 Q. Okay. All right. So you understood that

2 they were tracking your acceptance rate?

3 A. Yes. And I actually accepted

4 90 percent.

5 Q. So that's why you did accept every trip; is

6 that right?


8 Q. Okay. And then flip to Exhibit 11, which

9 is also from Uber's website. It has the question,

10 "Can I request a specific driver?" The answer is,

11 "We automatically connect you with the closest

12 driver to get you picked up as quickly as possible.

13 As such, it isn't possible to request a specific

14 driver." Do you see that?

15 A. Yes, I do.

16 Q. So you understood that customers couldn't

17 request you particularly?

18 A. Yes. It was not possible.

19 Q. Okay. Now, flip to 12.

20 HEARING OFFICER HOUSER: Before we go on,

21 Mr. McGillis, the documents that Ms. Liss-Riordan

22 has been asking you about, where she's indicated

23 they are from Uber's website, are they in fact from

24 Uber's website?



281

1 THE WITNESS: Yes. I have seen their

2 website numerous times, and those are renditions of

3 information that I have personally read on their

4 website.


6 Ms. Liss-Riordan, you can proceed.



9 Q. If you could flip now to Exhibit 12. Is

10 this another page from Uber's website, this one

11 regarding how the rating system works?

12 A. Yes. And I'm very familiar with the page.

13 Q. Okay. And you understand that Uber -- as

14 we talked about before, Uber had a rating system and

15 a minimum rating. You could be at risk of being

16 deactivated if you fell below the minimum rating.

17 Was that your understanding?

18 A. Yes.

19 Q. Okay. And just looking under the bullet

20 points here, about the middle of the first page of

21 Exhibit 12, it says, "In the event your account is

22 deactivated, we can recommend a driver improvement

23 course to help you learn from other highly rated

24 drivers. If we see that you complete this class, we



282

1 will consider your account for reactivation." Do

2 you see that?

3 A. Yes, I do.

4 Q. Was it your understanding that, if you got

5 deactivated, Uber had the discretion to reactivate

6 you?

7 A. Yes.

8 Q. Now, if you flip to Exhibit 14, is this

9 another example of an e-mail that was sent to you,

10 promising a guaranteed hourly rate?


12 Q. Okay. If you go to Exhibit 15, is this

13 another e-mail you received encouraging you to work

14 on weekends, because it says, "Make $700-plus this

15 weekend"?

16 A. Yes. I've seen this. That was an e-mail I

17 would get.

18 Q. Now, flip on to Exhibit 22.

19 A. Okay.

20 Q. And now, this document says, "Your weekly

21 summary." Is this an e-mail that you received from

22 Uber?

23 A. Yes, it is.

24 Q. And is this a sample of the types of weekly



283

1 e-mails that you would get, like we talked about

2 today, showing your driver rating and customer

3 feedback?

4 A. Yes, it is.

5 Q. And if you look on the last page, it shows

6 that -- well, if you look at the second page, it

7 shows that they're tracking your trip, your hours,

8 your fares per hour, and on the next page your

9 acceptance rate and your driver rating. Do you see

10 that?

11 A. Yes.

12 Q. So you knew that all of these things were

13 being tracked by Uber while you were working for

14 them?

15 A. Actually, it has a comment up at the top.

16 It says, "Amazing. (Unclear) Uber driver ever. And

17 he speaks English."

18 Q. So you got a good one then. Were there

19 ever times you got comments that got you concerned

20 to do something better?

21 A. Never got a bad comment.

22 Q. Because you kept on your toes, as you said,

23 right?




284

1 Q. Now, if you could flip to Exhibit 23. This

2 document says at the top right, "Pay Statement,

3 July" -- "July 27th"? Hmm. Oh, I see. I guess

4 that's just when it was printed.

5 Is this a sample of what a pay statement

6 would look like for you? This was from the end of

7 March?

8 A. It is. And if you notice at the top, where

9 it has, like, a little drop-down box -- so it's Day

10 7 with a drop-down arrow -- you could actually

11 change that to be a day, a week, a month or a year.

12 So this would be -- I printed that for the seven

13 days.

14 Q. All right. But this is an example of

15 what the pay statements would look like that you

16 would get periodically from Uber?

17 A. Yes. This would let me know the pay in my

18 pay statement. Exactly, yes.

19 Q. Now, if you go to Exhibit 26 --

20 A. One moment. Okay.

21 Q. Okay. This looks like an e-mail

22 correspondence between you and someone at Uber

23 regarding your request for a cleaning fee. Is this

24 an e-mail you received?



285


2 Q. And if you look under -- about halfway down

3 the first page, under 1 and 2, it says, "Please know

4 that we will look into this thoroughly once we

5 receive this information from you, and you may be

6 reimbursed if deemed appropriate." Do you see that?

7 A. Yes, I do.

8 Q. So you understood that Uber made the

9 decision about whether or not to reimburse you for

10 cleaning fees?

11 A. Right. But this was actually for the --

12 they were thinking of giving me damage money.

13 Q. Let's look at Exhibit 33. Is this also an

14 e-mail exchange between you and someone at Uber?


16 Q. And you asked, "Why is this ride showing on

17 my current invoice as adjusted fare?" And the person

18 from Uber responds, "Hi, Darrin, Thanks for reaching

19 out. It looks like the route on the trip was not

20 the most efficient, according to our estimate. This

21 fare has been adjusted to reflect the best route."

22 Do you see that?

23 A. Yes, I do.

24 Q. So Uber decided that you hadn't gone the



286

1 shortest route and then basically gave the customer

2 a discount and deducted money from you for your not

3 having taken the most efficient route in Uber's

4 view?

5 A. That is correct, and without notifying me

6 they gave the money. And if I had not noticed it, I

7 would never have known they took money from me.

8 Q. Okay. I ask you to flip to Exhibit 35.

9 This is an example of an Uber ad on Craig's List

10 online. Have you ever seen Uber ads -- Uber

11 advertising for drivers on Craig's List?

12 A. Yes. I saw numerous -- you can go there

13 now, and they'd be there.

14 Q. And are you aware that they list on Craig's

15 List under "Jobs, General Labor"?

16 A. Yes. You can go to Craig's List right now,

17 and it would be there under "Jobs" and "Labor."

18 Q. Okay. All right. Thank you.

19 MS. LISS-RIORDAN: Mr. Houser, those are

20 all my questions for Mr. McGillis. I would ask that

21 you accept the exhibits, specifically the ones that

22 I pointed out, into evidence in this hearing.

23 HEARING OFFICER HOUSER: And, Mr. Wilson,

24 any objection?



287

1 MR. WILSON: The same objection I expressed

2 before. They haven't been authenticated. Someone

3 saying it looks like what was on the website doesn't

4 establish anything about it.

5 The e-mails that Mr. McGillis said he

6 received or sent, I don't have any objection to

7 those. But anything else in this stack of 200

8 pages, I would object to.

9 HEARING OFFICER HOUSER: And Ms. Taylor?

10 MS. TAYLOR: I don't have any objections.

11 Most of the e-mails and stuff that she mentioned are

12 addressed to Mr. McGillis personally.

13 HEARING OFFICER HOUSER: I'm going to

14 overrule the objection and take these documents as

15 Exhibit No. 3. Again, that's not an indication of

16 what weight they'll have, but I will accept the

17 documents, given the testimony that Mr. McGillis has

18 given.

19 (Document marked as Exhibit 3

20 in evidence)

21 HEARING OFFICER HOUSER: So then, Mr.

22 Wilson, did you have questions for Mr. McGillis?

23 MR. WILSON: Yes.

24 HEARING OFFICER HOUSER: Go ahead.



288

1 CROSS EXAMINATION

2 BY MR. WILSON:

3 Q. Mr. McGillis, you testified that you were

4 deactivated at the end of March 2015, correct?

5 A. I was deactivated at the end of March, yes.

6 Q. Did you ever attempt to use the Uber app

7 after March 31, 2015?

8 A. Yes, I did.

9 Q. When was that?

10 A. I believe April 3rd. A couple of days

11 later, a few days later.

12 Q. And is that the only time after March 31st

13 that you attempted to use the Uber application?

14 A. As regards to the account that was

15 deactivated, that was -- I believe that's the only

16 time I attempted. I had tried other times, but it

17 did not -- didn't deactivate at all.

18 Q. I'm not limiting my question to the account

19 that was deactivated. I'm asking you, Darrin

20 McGillis, did you access the Uber application after

21 April 5, 2015?

22 A. With this account? No.

23 Q. I didn't -- I'm not limiting myself to this

24 account. I'm asking you, Darrin McGillis, whether



289

1 you accessed the Uber application after April 5,

2 2015.

3 A. I reapplied for Uber about a month and a

4 half or two -- two months after I was terminated on

5 this app, reapplied with Uber through a background

6 check and was reactivated.

7 Q. And did you tell Uber that you had been

8 deactivated for a prior account?

9 A. There was no place to put that.

10 Q. Did you tell them that?

11 A. They didn't ask.

12 Q. Did you tell them that?

13 HEARING OFFICER HOUSER: I'll take Mr.

14 McGillis's response as a no, and you can move on,

15 Mr. Wilson.

16 Q. So after you created this alternative

17 account, you used the Uber app to generate rides in

18 July, correct?

19 A. I believe it was July. I would have to

20 check the records.

21 Q. And you were the person who used the app,

22 correct?

23 A. I used the app. Yes, I did.

24 Q. Okay. And you got ride requests through the



290

1 app?


3 Q. And you accepted those ride requests?


5 Q. And you received compensation for those

6 rides?

7 A. Yes, that is correct.

8 Q. And did you report that compensation to the

9 Department of Economic Opportunity, the Unemployment

10 Division of the State?

11 A. No. I had no reason to, because I was not

12 accepting unemployment at the time that I reapplied

13 with Uber.

14 Q. My question was, did you report that income

15 to the Department of Economic Opportunity --

16 HEARING OFFICER HOUSER: I'm going to --

17 Q. -- in connection with a claim for

18 unemployment?

19 HEARING OFFICER HOUSER: I'm going to find

20 the question -- stop. I'm going to find the

21 question has been asked and answered. Mr. McGillis

22 did say no. He did give an explanation, but he did

23 say no, he did not report that income. So you can

24 move along to the next question.



291

1 MR. WILSON: Okay. Thank you.

2 Q. Why was it that you didn't report that

3 income?

4 A. It wasn't required.

5 Q. And approximately how much did you earn,

6 using this second account on the Uber app?

7 A. I would have to look it up, but if I

8 remember correctly, maybe about $2,000.

9 Q. Since you were originally deactivated from

10 the Uber app in March of 2015, have you attempted to

11 gain access to any other similar services, like Lyft

12 or Sidecar?

13 A. Repeat your question.

14 Q. Sure. Since your access was terminated in

15 March of 2015 with Uber, have you attempted to gain

16 access to Lyft or Sidecar or any similar

17 applications?

18 A. In July, I believe it was, I gained access

19 to Lyft.

20 Q. Are you currently using Lyft?

21 A. Currently, yes.

22 Q. Were you using Lyft at the same time that

23 you were using the Uber account in July of 2015?

24 A. When you say "the same time," define that.



292

1 I don't understand what you mean.

2 Q. The same time period in terms of days. In

3 other words, during the same period of July that you

4 were using the Uber app, were you also accessing the

5 Lyft app?

6 A. There were days I would use the Lyft app

7 and days I would use the Uber app.

8 Q. And those days overlapped?

9 A. I would have to check my records. I don't

10 recall.

11 Q. And you earned income from Lyft?

12 A. Yes, I did.

13 Q. And you didn't report that income to the

14 Department of Economic Opportunity, correct?

15 A. There was no reason to.

16 Q. But you didn't, correct?

17 A. I did not.

18 Q. Have you had other sources of income since

19 March of 2015?

20 A. I believe I might have done a notary or

21 two.

22 Q. I'm sorry. I didn't hear your response.

23 A. I believe in July I maybe did a notary or

24 two, yes.



293

1 Q. And when you perform services as a notary,

2 are you acting as an employee or an independent

3 contractor?

4 A. I'm acting as self-employed.

5 Q. And that's how you reported to the federal

6 government on your tax return?

7 A. That's how I did it for the ending of last

8 year, yes, it is.

9 Q. And that's the same way you reported your

10 income from Uber, correct?

11 A. I believe it was different, because you had

12 sent me a 1099 and I didn't get a 1099 from anybody.

13 Q. But did you report it as self-employed

14 income or something else?

15 A. I reported it as self-employed income.

16 Q. And that's your income from Uber, correct?

17 A. No. That's the income from notary services

18 that I did last year.

19 Q. How did you report the income from Uber in

20 2014?

21 A. Through your 1099 form that you gave me.

22 Q. But did you identify it on your tax return

23 as self-employed income or wages?

24 A. It was 1099 income, I believe. I can't



294

1 remember. I don't have it in front of me. It was

2 through a computer software that was very

3 complicated. So I just followed the step-by-step

4 instructions.

5 But I remember that there were questions

6 that asked me, "Do you have a 1099?" and I said

7 "Yes," which was yours.

8 Q. But you don't know how you reported the

9 Uber income?

10 A. I would have to look at my tax return to

11 know exactly what the legal term would be. I mean,

12 it could possibly have been declared on a 1099, I

13 don't know. I don't have it in front of me.

14 Q. But you do recall deducting some expenses,

15 such as your fuel and repair of your vehicle?

16 A. Yes. I chose that option for deductions

17 through the step-by-step thing --

18 Q. The question is, do you remember?

19 A. Do I remember? I don't recall specifically

20 that there were --

21 Q. The question is, do you remember, yes or

22 no?

23 A. I don't remember specifically.

24 Q. Did you claim depreciation on your



295

1 automobile on your 2014 tax return?

2 A. It's possible. I don't remember.

3 Q. Do you have other applications on your

4 iPhone other than the Uber app?

5 A. Say that again.

6 Q. Have you installed other applications on

7 your iPhone?

8 A. Other apps? Yes, of course.

9 Q. You've downloaded them from the Internet;

10 in other words?


12 Q. When you download those other apps, don't

13 you have to accept the terms and conditions that

14 come along with those apps before you can install

15 them on your iPhone?

16 A. I don't recall those terms and conditions,

17 no.

18 Q. I'm not asking you to recall the precise

19 terms and conditions. But when you download an app,

20 there are terms and conditions you must accept

21 before you can install it on your phone; are you

22 aware of that?

23 A. I don't recall seeing that. Maybe I'm just

24 too fast at what I do, but I don't recall.



296

1 Q. So you may have accepted terms and

2 conditions without reading them?

3 A. I don't recall accepting any terms and

4 conditions on my phone.

5 Q. Do you recall rejecting any?

6 A. No, I don't recall rejecting any.

7 Q. Okay. Do you recall reading any?

8 A. I do not recall reading any.

9 Q. And with respect to the Uber app

10 specifically, do you recall whether there were terms

11 and conditions when you installed that application?

12 A. I do not recall.

13 Q. One way or the other?

14 A. One way or the other. I know there were

15 updates periodically, but that was all I remember.

16 Q. When you initially installed it, you don't

17 recall whether there were terms and conditions you

18 had to accept or not, correct?

19 A. No, because when you install it --

20 depending on -- no.

21 Q. No, you don't know? Is that right?

22 A. I don't recall accepting nor do I recall

23 ever signing anything about terms and conditions.

24 Q. I'm not ask asking if you signed anything.



297

1 I'm asking you if hit the "Accept" button on the

2 terms and conditions in order to install the Uber

3 application and use it.

4 A. I think you've asked and I've answered that

5 question. I said I don't recall.

6 Q. And you purchased your sport utility

7 vehicle solely for the purpose of switching to

8 Uber's XL platform, correct?


10 Q. And how much did you pay for that SUV?

11 A. You mean the full purchase price or the

12 interest?

13 Q. You can give me either or both.

14 A. I believe it was -- I don't know the exact

15 number. We're looking at about 50K.

16 Q. 50,000 with interest?

17 A. Yes. Interest. I have a high interest

18 rate. I didn't look at that number. It's scary.

19 But, yes, it's pretty high.

20 Q. Okay. So at a minimum, you invested $50,000

21 in this operation, correct?

22 A. I have invested into that vehicle for the

23 XL program.

24 Q. Now, you said that you watched Uber videos



298

1 where they talked about where to pick up passengers,

2 correct?


4 Q. And you took from that, because the man in

5 the video was wearing -- was well dressed, you took

6 that to be a suggestion that drivers should be well

7 dressed, right?


9 Q. And there were suggestions in the video

10 that passengers would appreciate being offered

11 chewing gum or water during their ride, correct?

12 A. Water for sure. I don't know the idea of

13 chewing gum, but there was something of that sort.

14 Probably gum.

15 Q. Are you aware of any action that Uber ever

16 took to determine how you were picking up

17 passengers?

18 A. Repeat the question.

19 Q. Sure. You said that the video explained

20 how to pick up passengers; in other words, pulling

21 off to the curb with the passenger door on their

22 side. Did Uber ever take any action to determine

23 whether you were doing that or not doing that?

24 A. Uber does not disclose what actions they're



299

1 taking or not taking. They're very selective.

2 Q. So you're not aware of any?

3 A. No idea.

4 Q. And the same question with respect to the

5 clothing that you wore. Did Uber take any action to

6 determine what kind of clothing you were wearing

7 when you were transporting riders?

8 A. I don't know.

9 Q. Did Uber take any action to determine

10 whether you were offering water to riders?

11 A. I don't know.

12 Q. Did Uber take any action to determine

13 whether you were offering gum or candy to riders?

14 A. I don't know.

15 Q. Do you know of any action Uber ever took to

16 determine anything that you were doing in connection

17 with driving a passenger from Point A to Point B?

18 A. They put everything into the rating system.

19 The rating system is their -- they know if you're

20 not doing these things, because the rating system is

21 going to reflect that.

22 Q. But the rating system reflects feedback

23 from customers, correct?

24 A. Yes.



300

1 Q. Not feedback from Uber, correct?

2 A. The rating system is from feedback from

3 customers to Uber.

4 Q. And whether a customer rates you as five

5 stars or one star, you don't know why they do that,

6 correct?

7 A. No, that's correct.

8 Q. And Uber doesn't know why they do that,

9 correct?

10 A. I don't know.

11 Q. And when you were driving for -- through

12 the Uber app, you made your own decisions about when

13 it would be most profitable for you to work and

14 where it would be most profitable for you to work,

15 correct?

16 A. With Uber's guidance, yes.

17 Q. You said you didn't always trust Uber's

18 guidance; you made your own decisions, correct?

19 A. Well, if everybody is using Uber's

20 guidance, it could get saturated. So I winged it,

21 as you might say. But Uber had the bullet points

22 and a map highlighted that would show you where to

23 go, down to the city block.

24 Q. And you said you invested a substantial



301

1 amount of your own time testing out what areas and

2 what times were most profitable, correct?

3 A. Not a substantial amount of time, but I

4 winged it for a week to try to fill out where the

5 things were coming from, is it worth coming out here

6 or going over here. But, no, not that substantial.

7 Just, like, a week. That's it.

8 Q. But you used that information that you

9 developed to make your own decisions about what was

10 most profitable, correct?

11 A. With Uber's guidance, I did that, using

12 their guidance and their training and their videos

13 showing me what to do.

14 There was an article I read from Uber that

15 told its drivers that you need to do this. So what

16 I did was not my own imagination. This was an Uber

17 article that I read that actually had us go out and

18 tour the streets, learning different places. So

19 while I did it, it was through the guidance of Uber.

20 Q. And then based upon your experience doing

21 that, you made decisions about when and where to

22 work that would be most profitable; is that right?

23 MS. LISS-RIORDAN: This has been asked and

24 answered. I would ask that we move on.



302

1 HEARING OFFICER HOUSER: I'm going to allow

2 the question this time.

3 A. Would you repeat the question, sir.

4 Q. Yes. Based upon your experience during

5 that week, you made your own decisions about where

6 and when it would be most profitable for you to

7 work?

8 A. In conjunction with Uber's weekly e-mail,

9 we were -- in conjunction with all the information

10 that Uber was providing me, as well as information I

11 had independently, I would then make the best

12 decision for that week.

13 Q. And that decision would be where and when

14 it is most profitable for you to work, correct?

15 A. Taking everything Uber has provided me for

16 that week in account with my own knowledge as a

17 smart human being, I would go ahead and make some

18 decisions, you know.

19 Q. I'm just asking, was the decision that you

20 made where and when it would be possible --

21 HEARING OFFICER HOUSER: I'm sorry, Mr.

22 Wilson, to interrupt.

23 Mr. McGillis, keep in mind that, yes, you

24 know, you may be taking this into account when



303

1 you're giving your answers. But when Mr. Wilson is

2 asking a question that basically, in its form, calls

3 for a "Yes" or "No" answer, if you don't go ahead

4 and answer "Yes" or "No," that might sound like

5 you're really trying to evade an answer to the

6 question. That would not be a good thing.

7 Now, you may be trying to explain your

8 answer, but I would suggest to you this, that you go

9 ahead and just give a short, brief, to-the-point

10 answer. If you need to explain, I can give you an

11 opportunity. But in most cases, you won't have to

12 explain, because it will be clear, based on your

13 other testimony, what the explanation would be.

14 So, you know, if you're worried that you

15 might be misunderstood, I would suggest it's

16 actually better to just, you know, give a brief

17 answer to the question, if it sounds like it's one

18 that can be answered "Yes" or "No," okay?

19 THE WITNESS: Okay.

20 HEARING OFFICER HOUSER: Go ahead, Mr.

21 Wilson. Other questions?

22 MR. WILSON: Yes.

23 BY MR. WILSON:

24 Q. That being said, then the decision you made



304

1 about where and when to go was ultimately what you

2 thought was most profitable, correct?

3 A. Yes.

4 Q. Okay. By the way, you said that you

5 thought that you had a good sense of humor and if

6 you told jokes to passengers, it would increase your

7 rating; is that correct?

8 A. I'm naturally, by birth, the person that

9 people like to be around. That's just my advantage.

10 Q. So your perception is that being humorous

11 would help increase your ratings on the Uber star

12 rating system; is that right?

13 A. Yes.

14 Q. Did Uber ever tell you to tell jokes?

15 A. Not specifically, no.

16 Q. Okay. That's something you came up with on

17 your own?

18 A. Yes.

19 Q. And you believe it was successful in

20 increasing your ratings?

21 A. Yes.

22 Q. Okay. Bear with me as I go through my

23 notes. I'm trying to conclude.

24 Mr. McGillis, you talked briefly about



305

1 times when Uber would offer guaranteed hourly

2 minimum rates or guaranteed minimum rates. Do you

3 recall that?

4 A. Yes, I do.

5 Q. Did you have the discretion to accept the

6 offer to work during those periods of time or not to

7 work during those periods of time?

8 A. Yes.

9 Q. Okay. Did you ever decide not to work

10 during one of those periods of time?

11 A. Not that I recall.

12 Q. And when you decided to work during those

13 periods of time, was there ever a time when you did

14 not exceed the minimum level promised by Uber?

15 A. When I didn't work those, did I not exceed

16 the minimum -- say that again. I'm sorry. Repeat

17 the question.

18 Q. Sure. If Uber, for example, said, "We

19 guarantee you will make a minimum of $30 per hour,"

20 and you worked that period of time, did you ever

21 make less from your trips than Uber had guaranteed

22 you?

23 A. I'm confused, because I want to know if

24 you're asking me if -- if Uber never paid me the



306

1 guarantee?

2 HEARING OFFICER HOUSER: No. What he's

3 asking, Mr. McGillis, is this: On those times when

4 Uber said, "If you do this, this and this, you'll

5 make at least," let's say, "$30 an hour," and when

6 you did work on those occasions and you did those

7 things, did you always make at least $30 an hour?

8 THE WITNESS: Yes. If I didn't, they would

9 make up the difference.

10 HEARING OFFICER HOUSER: Do you remember if

11 there was any time when you worked, you did

12 everything that Uber said you should do, and they

13 wound up having to pay you the minimum instead of

14 you making more than that, based on the fares of the

15 people that you drove?

16 THE WITNESS: There were numerous times

17 that they did have to make up the fare.


19 Other questions, Mr. Wilson?

20 BY MR. WILSON:

21 Q. With respect to the incident that led to

22 your first deactivation in March of 2015, do you

23 recall testifying about that?

24 A. Yes, I do.



307

1 Q. And I take it, from your testimony, it was

2 your understanding that the scooter driver was at

3 fault?

4 A. The scooter driver -- well, the passenger

5 was -- as far as the police were concerned, the

6 scooter driver was at fault. As far as Uber was

7 concerned, the passenger was at fault for opening

8 the door.

9 Q. I asked you who you considered to be at

10 fault.

11 A. You know, it's a tough one, because I would

12 like the kid to actually look before opening the

13 door. But then the scooter driver was driving

14 illegally on the sidewalk. So to me, I could say

15 shared fault, or -- I don't know.

16 Q. Okay. And these were students that you were

17 dropping off?

18 A. Yes. They were college students going to

19 the Ultra Music Festival. Very nice.

20 Q. And for whatever reason, there came a time

21 when you informed Uber that you were going to go to

22 one of those passengers' homes, correct?

23 A. No. That's not correct how that happened.

24 I was trying to gather the information for the



308

1 insurance form, and Uber was not responding. And

2 then I said, "If you're not going to give me that,

3 because I can't get the -- I can't get the insurance

4 money from the guys without this information. If

5 you're not going to give it to me, then I have to go

6 to their home to get this information." Did I ever

7 go to the home? No.

8 Q. And I'm not asking if you went to the home.

9 I'm asking if you told Uber that you were going to

10 go to the passenger's home.

11 A. I have an e-mail that I would go to the

12 home -- yes, that I said I would.

13 Q. And your understanding is that's why they

14 deactivated your access?

15 A. That is what I was told. I was never given

16 any written explanation.

17 MR. WILSON: I don't have any further

18 questions. Thank you.


20 Ms. Taylor, did you have further questions

21 for Mr. McGillis?

22 MS. TAYLOR: I only have a couple, Mr.

23 Houser.

24 HEARING OFFICER HOUSER: Okay. Let me just



309

1 say, in case people are getting a little antsy, that

2 when it comes to your testimony, Ms. Taylor, I don't

3 have a lot of questions, because I think the

4 documents are fairly clear. And so I think we're

5 actually getting fairly close to the end of the

6 hearing. Of course, that will depend on what sort

7 of cross-examination you have for Mr. McGillis and

8 the others have for you.

9 But I just wanted to, you know, ease the

10 minds of some of the folks in case they were getting

11 a little worried.

12 Go ahead, Ms. Taylor. Your questions for

13 Mr. McGillis.

14 CROSS EXAMINATION

15 BY MS. TAYLOR:

16 Q. I will try to keep it brief. I was just

17 curious, Mr. McGillis, do you mind referring to your

18 Independent Contractor Analysis inside of the

19 documents provided by the Department of Revenue.

20 It's probably about three-quarters of the way in.

21 It's a three-page document with a lot of "Yes" and

22 "No" little boxes on there.

23 A. Talking about my Independent Contractor

24 Analysis form?



310

1 Q. Yes, Mr. McGillis. The one that you

2 completed.

3 A. I have it.

4 Q. I was noticing on Line Item 1, you stated

5 that you had an identification badge and business

6 cards.

7 A. You mean in the answers?

8 Q. It's in Section 2, No. 11.

9 A. Got it. Okay. Yes, I see that.

10 Q. No. 11 states, "Did the employee unit

11 provide a uniform, identification badge, business

12 cards? Circle all that apply." And identification

13 badge and business cards were indicated. Were they

14 provided by Uber, or is that something that you made

15 up yourself and paid for?

16 A. My identification badge was provided by

17 Uber, which is a sticker that has the logo on it --

18 not a sticker. It's a thing that has the logo on

19 it. And then they provide a sleeve, like you would

20 for an identification badge, that the logo goes

21 into. And the sleeve, one side is sticky where you

22 can place it on your windshield so that people know

23 that you are an official Uber driver. That's the

24 identification badge that I referred to.



311

1 Q. So it was just identifying that you drove

2 for Uber so they would know the vehicle was an Uber

3 representative?

4 A. That's exactly right.

5 Q. What about the business cards?

6 A. The business cards were provided by Uber

7 through a link to a company called Vista Card, where

8 you would click on it, and they would send you

9 business cards with your personal code on it that

10 identified you as the driver. And that card you

11 would give to people who -- around town. So they

12 provided that. They provided the payment for the

13 cards.

14 Q. So Uber paid for the business cards?

15 A. Yes, through a special link they have

16 through Vista Card.

17 Q. And furthermore you stated that, on Line

18 Item 15, I understood you got paid on a weekly

19 basis, based on the amount of jobs you had or

20 guarantees or surges and different instances of this

21 nature.

22 What about commissions? Was there any --

23 or the bonuses and the holiday pay which would be

24 additional type of money or rate or fares, can you



312

1 explain that a little more.

2 A. I'm sorry. You're referring to

3 commissions. You want me to explain that, correct?

4 Q. Yes.

5 A. The commissions referred to what I would

6 refer to as the surging and the percentage that they

7 would take in those surges.

8 Q. Kind of like a guaranteed rate of pay?

9 A. Yes. Because we were on a commission,

10 80/20 if you were on X, 28/72 if you're on XL. So

11 they're taking their part of the commission. But

12 then when it surges, it's a different amount.

13 The hourly refers to those e-mails we spoke

14 about earlier that gives you the hourly. And then

15 the rates are obviously paid weekly. And by the job

16 means every job that you have a passenger.

17 Q. What about the holiday pay? Was it an

18 additional amount when you drove on a holiday or --

19 you know, a federal holiday or a religious holiday

20 or something of that nature, a higher rate?

21 A. Holiday pay, that to me, on holidays, you

22 know, there's a lot of supply and demand, which to

23 me meant holiday pay, because it's a holiday and

24 there's going to be a lot of people, a lot of money.



313

1 I took that to mean holiday pay.

2 Q. What about bonuses? I was noticing in the

3 guidelines that there were some type of incentives

4 like, I want to say, coupons and things of that

5 nature that could be provided. Is that what you

6 consider a bonus? Or what do you consider a bonus?

7 A. Bonuses for AT&T, you get 11 percent off

8 because you're an Uber driver. If you did so many

9 rides, they unlock different bonuses. So if you do

10 200 rides in that month, it unlocks other, better

11 bonuses. It's on their website. You can go into

12 your account. You would have to be at certain

13 levels of ride to unlock those things.

14 Q. Are you saying that it's like a point

15 system? Like, if you are committed and fulfill so

16 many rides, you're granted points, and those bonus

17 points can be used for other companies or something

18 of that nature for discounts?

19 A. Yes. If I set up using bonuses, I think

20 they're more or less -- each ride counts as -- a

21 certain level of rides unlock certain things.

22 I know that right now they've got something

23 going on that unlocks a gas card. They send you a

24 MasterCard that allows you to get gas at 10 cents



314

1 off a gallon if you have 200 or more rides, for

2 example.

3 Q. Does Uber have a signing bonus? Sometimes

4 they offer that online, signing bonuses.

5 A. They were offering $500 to an Uber driver

6 who signed a new Uber driver, plus paying the new

7 Uber driver a $500 bonus. Specifically, if that

8 driver was somebody who was already working for a

9 competitor, like Lyft, you would get more money.

10 Q. Did you ever advertise to the general

11 public or carry any additional liability insurance

12 for this type of occupation?

13 A. No.

14 Q. Did you have any type of occupational

15 license or any type of documentations or permits to

16 pick people up at certain locations or pay any fees

17 to the city or the county for this type of work?

18 A. No.

19 Q. You stated that you were a driver, you were

20 deactivated and then you were reinstated or had a

21 secondary account, excuse me. In that secondary

22 account, were you required to go for a full

23 background check again?

24 A. Yes. I completed -- I went online and did a



315

1 full background check.

2 Q. So you had an entire background check on

3 both occasions when you drove for Uber?


5 Q. And did you feel like you were in business

6 for yourself, or did you feel that you were

7 providing services for another business while

8 performing those services?

9 A. I felt all the time that I was an employee

10 of Uber, because they had to approve me, approve my

11 car, before I could begin doing anything. And after

12 they chose me, they sent me the app to install on my

13 phone, if they chose to do so, after going through

14 the process.

15 Q. And you had your own cell phone rather than

16 renting or leasing one?


18 MS. TAYLOR: Thank you for your testimony,

19 Mr. McGillis.

20 THE WITNESS: Thank you.


22 then just to make sure, Ms. Liss-Riordan, do you

23 have any other questions for Mr. McGillis?

24 MS. LISS-RIORDAN: Yes. I just have a few



316

1 brief follow-up questions.

2 REDIRECT EXAMINATION


4 Q. Mr. McGillis, in response to Uber's

5 counsel's question, I believe you said that the car

6 that you bought in order to do the work for Uber was

7 about $50,000; is that right?

8 A. I guess he was trying to calculate

9 interest. The car that I bought, cash up front,

10 would have cost about 30,000.

11 Q. Oh, okay. Did you pay for it in cash or

12 did you finance it?

13 A. No, I financed it. But I don't know what

14 the dollar amount is.

15 Q. Did you pay an entire $30,000 for that car?

16 A. No. It was financed.

17 Q. Do you have any idea how much you paid for

18 it?

19 A. $30,000, 72-month loan, 15 percent

20 interest. I don't know.

21 Q. Do you know what your monthly payments were

22 on it?

23 A. My monthly payments are $638 a month.

24 Q. And how many months -- do you know how many



317

1 months you were making those payments while you were

2 driving for Uber?

3 A. Well, you have January, February and March.

4 Q. Okay. So you paid a little under $2,000

5 for the car while you were driving for Uber?

6 A. In payments, yes. I had to put a down

7 payment for the vehicle also.

8 Q. How much was the down payment?

9 A. I put, I believe, $3,500, which was money I

10 made from Uber, as the down payment.

11 Q. Okay. So you put a down payment of about

12 $3,500, and then while working for Uber, you made

13 payments of a little under $2000 on the car; is that

14 right?

15 A. Yes.

16 Q. Okay. Now, you testified a bit about --

17 well, we talked about the circumstances leading to

18 your deactivation, and you had described before that

19 you told Uber that you may have to go to the

20 customer's house to get the information to fill out

21 their form. Do you remember testifying about that?

22 A. Yes.

23 Q. But then you said you did not in fact go to

24 the customer's house; is that right?



318


2 Q. Did you ever tell Uber that you did in fact

3 go to the customer's house?

4 A. No. Never.

5 Q. So is it your understanding that they

6 deactivated you simply because you said you may need

7 to go to the customer's house in order to get this

8 information?

9 A. Yes. But then they told me just the threat

10 alone was sufficient for deactivation.

11 Q. But they never put in writing to you what

12 the reason was for your deactivation?

13 A. No.

14 Q. Then you testified that, after that, a

15 couple months later, you reapplied under a new

16 account number, went through a background check, and

17 started driving for Uber again; is that right?


19 Q. How long did you drive for Uber again that

20 next time that you applied?

21 A. I mean, I know -- I have it available, but

22 I'm going to guess about four weeks

23 Q. And then you were deactivated again?

24 A. Yes.



319

1 Q. And did Uber notify you as to why they

2 deactivated you that second time?

3 A. No.

4 Q. Did you understand you were being

5 deactivated because you had been deactivated before?

6 A. No.

7 Q. Okay. So you just knew that they -- you

8 signed up again, but then after about a month, you

9 got deactivated and you couldn't drive any more?

10 A. Could not drive any more, and no more

11 passengers.

12 Q. Do you know anything about what your

13 ratings were like that second time that you drove?

14 A. Yes. I still had access to that account,

15 and my ratings were higher than my ratings with the

16 other account. It was up over 4.8.

17 Q. Okay. Thank you, Mr. McGillis. Those are

18 all my questions.

19 HEARING OFFICER HOUSER: Mr. Wilson, any

20 other questions for Mr. McGillis?



23 any other questions?




320

1 HEARING OFFICER HOUSER: All right. And so

2 we move on to Ms. Taylor's testimony.

3 MYRA TAYLOR, Previously Sworn

4 EXAMINATION


6 Q. Ms. Taylor, were you involved in the

7 issuance of the Determinations in the case of Ewers

8 and the case of Mr. McGillis?

9 A. Yes. I was involved as far as the lead

10 worker and the manager over that process, yes, sir.

11 Q. Okay. And so did your involvement extend

12 to actually making a decision as to whether those

13 two workers -- we're putting Mr. Hutton to one side

14 because we've postponed that hearing. But with

15 respect to Ms. Ewers and Mr. McGillis, were you

16 actively involved in making the decision as to

17 whether they should be considered employees or

18 independent contractors?

19 A. Yes. An initial Determination was made on

20 Mr. McGillis, and the Determination was made by

21 Leonard Hall. He had asked me to review the

22 account, as well as one of our lead workers, who is

23 currently retired.

24 And I had looked it over after the lead



321

1 worker -- I think he was kind of wondering if he --

2 I think he was a little nervous when he first made

3 them. He had been making Determinations for a

4 while, but I think sometimes people just like

5 someone else to agree or disagree with their

6 findings.

7 And he had asked the lead worker, and she

8 is, like I said, now retired. But I also reviewed

9 the account and agreed with his Determination.

10 Mr. McGillis was the first Determination,

11 and then we received, I think it was, maybe Mr.

12 Hutton next, just off the top of my head. I'm not

13 sure. We received another one and affirmed the

14 prior Determination, because they were doing the

15 same type of work.

16 Q. And then with respect to Ms. Ewers, was

17 she -- was her Determination basically because you

18 had already made two others and figured she would be

19 the same kind of Determination?

20 A. Yes, sir. If you notice in the findings,

21 Uber or Rasier usually did not mention having any

22 other workers to be considered an employee or

23 independent contractor. So when this initial

24 Determination was made, it was based on the findings



322

1 of what Mr. Hall got from Mr. McGillis and from

2 Rasier.

3 So based on his original findings from

4 those two, it appeared it was one person that was

5 treated this way. The Determination was issued, and

6 then other claims started coming in.

7 Q. And then from your review of the files, is

8 there any significant difference, as far as you

9 know, between the situation that Mr. McGillis was in

10 and the situation that Ms. Ewers was in with respect

11 to Rasier?

12 A. They answered whether they were in business

13 for themselves differently, and it did appear that

14 they talked about, I want to say, training. Bear

15 with me a second. Let me grab the other one.

16 Normally we would rule on an entire class,

17 if there had been several people indicated on there,

18 but like I said, they only indicated they had that

19 one worker here in Florida.

20 Let's see. This particular one I'm looking

21 at is for Melissa. And Melissa did indicate she was

22 independent. But she was also saying that she

23 carried business liability insurance, which, based

24 on the testimony, these parties were not carrying



323

1 any type of separate business liability.

2 She did say that she had no occupational

3 license. She even claimed she had workers'

4 compensation or bonuses. She got paid commissions.

5 She got paid bonuses. She did not bill. He did not

6 bill. She indicated that they told her when and

7 where and how, the sequence to do the work. She had

8 an identification badge as well. And she received

9 training. So she did have similar answers to Mr.

10 McGillis.

11 Q. Okay.

12 A. Training and those type things are

13 considered to be various means of control.

14 Q. So you've identified certain aspects of the

15 information available that led to the conclusion

16 that these workers were employees and not

17 independent contractors. Were there some other

18 significant aspects of the information that lead you

19 to conclude that?

20 A. Yes, sir. Upon further research, this has

21 become pretty big as far as additional things. Like

22 just listening to your radio station, if you have an

23 iPhone or listen to Pandora, they advertise for

24 drivers. They advertise signing bonuses for



324

1 drivers.

2 They call themselves "Uber." And this

3 particular company was not registered to do

4 business -- they were not registered for tax, excuse

5 me, in the state of Florida.

6 And there were various things that lead of

7 course the tax auditor to question certain things,

8 when you have a business here in Florida that's not

9 paying any taxes. And it still concerns me to this

10 day, because, based on what I've heard from

11 testimony, they could be subject to additional taxes

12 if they were to call the Department Tax Information

13 Center.

14 As far as just this particular case goes,

15 we were only dealing with reemployment tax. And

16 normally we look at if there's control or any

17 incidents which would indicate that. And when we

18 looked at this particular case, there were various

19 areas, such as they had to maintain certain ratings;

20 the drivers had to have approved cars; they had the

21 right to terminate without a breach of contract,

22 either party could. Without a breach of contract

23 they could terminate the relationship.

24 The drivers couldn't or were not supposed



325

1 to collect tips. The rates were set by the business

2 rather than the driver.

3 They had to wait ten minutes to pick

4 someone up rather than making their own

5 determination. They were prohibited from

6 transporting additional people. And even like

7 myself, maybe you can call me frugal, but sometimes

8 I've rode in the cab to the same motel with someone

9 else and they split the fare. Those type things

10 were the beginning of all of this coming out in the

11 work.

12 The company mandated the passengers be

13 transported directly to their destination; they

14 couldn't stop and pick someone up on the way. They

15 couldn't have other riders in there, things of that

16 nature.

17 The fact that there was no distinct

18 business occupations or license required by these

19 drivers. It's like anybody who could have a license

20 could drive.

21 It's almost like they're not accountable

22 for their own actions, due to the fact their

23 insurance companies don't even carry them for

24 picking up additional passengers. They're not



326

1 carrying liability insurance that would secure or

2 protect those individuals if they were in an

3 accident. They don't provide any commercial

4 liability; those drivers don't.

5 Let's see. Other things that... It

6 appeared, reading on the website, I want to say it

7 was like $50,000 or $100,000 liability, commercial

8 liability policy that Uber carried for them. It was

9 pretty much based on all the terms that Uber gave

10 that these individuals would work.

11 It was an unskilled job, meaning there is

12 no particular requirement or education or anything

13 of that nature to get this certain position, other

14 than just a background check. And it appears that

15 that was taken by the business.

16 Whether the workers applied instruments or

17 anything of that nature, it didn't appear that they

18 supplied anything except the vehicle, and that had

19 to be prior approved by the company.

20 It appears that the length of time period,

21 there seemed to be a continuing relationship between

22 the two individuals.

23 The method of payment. Due to the fact

24 that the drivers themselves didn't set the rate, the



327

1 drivers themselves didn't bill or anything of that

2 nature. That was all predetermined by the

3 third-party company, as they called it.

4 It doesn't appear that the business itself,

5 Uber, would be making this kind of income if they

6 didn't have drivers, that it is providing a service

7 which is an integral part of that business.

8 Based on a lot of that information, there

9 appears to be controlling factors in the

10 relationship, and that's why the Department ruled

11 the way they did --

12 Q. All right.

13 A. -- and then supported his information.

14 Q. You heard testimony today. Is there

15 anything in that testimony that makes you change

16 your mind or feel that the Determinations were

17 incorrect or might need to be modified?

18 A. No, sir. I'll be honest with you, if I

19 owned my own business, I would say and do and

20 represent myself to the public as I please.

21 Normally people that are true independent

22 contractors, we consider them to be self-employed.

23 And if they are self-employed, they would set their

24 own rates and control their own destiny, in other



328

1 words.

2 If someone guaranteed money and they

3 couldn't make it, I wouldn't be getting income from

4 somewhere else, such as that guarantee. The fact

5 that Uber guarantees these people will make $30 an

6 hour during certain time periods, bonuses, anything

7 of that nature in a normal position would be

8 considered wages. It would be considered subject to

9 taxation.

10 Q. All right. And was there anything further,

11 Ms. Taylor, that you needed to tell me with respect

12 to the issue for the hearing today?

13 A. No, sir.

14 HEARING OFFICER HOUSER: All right. Ms.

15 Liss-Riordan, did you have further questions for Ms.

16 Taylor?

17 MS. LISS-RIORDAN: I don't at this time,

18 no.

19 HEARING OFFICER HOUSER: Okay. And, Mr.

20 Wilson, did you have questions for Ms. Taylor?

21 MR. WILSON: Yes. I just have a couple of

22 questions.

23

24



329

1 CROSS EXAMINATION

2 BY MR. WILSON:

3 Q. Ms. Taylor, did the Department make any

4 inquiry to determine whether Ms. Ewers and Mr.

5 Hutton had had their access to the Uber app

6 deactivated when they claimed unemployment benefits?

7 A. No, sir. We do not normally deal directly

8 with claimants. That would have been done at the

9 Department of Economic Opportunity.

10 We, meaning here at DOR, we receive a claim

11 to investigate based on information provided from

12 the Department of Economic Opportunity.

13 Would you like me to explain how that

14 process works?

15 Q. Well, let me see if I can do it, and you

16 tell me if I'm right. Maybe we'll get through it

17 quicker.

18 HEARING OFFICER HOUSER: Wait, wait, wait.

19 Hold on just a second. We've lost somebody. Let's

20 call back. (Phone ringing)

21 RECORDED PHONE VOICE: Celia Ampel is not

22 available to take your call. Please leave a message

23 after the tone. Press the pound key to end the

24 recording. (Tone)



330

1 HEARING OFFICER HOUSER: Ms. Ampel, this is

2 Jackson Houser for Reemployment Assistance Appeals.

3 It's August 17, 2015, at 5:24 p.m. I will give you

4 our phone number. It's 800-332-9341, extension

5 20314.

6 You may well have heard plenty, or we may

7 have gotten disconnected inadvertently. We'll try

8 back again in a minute or two to see if you might be

9 available. Bye for now.

10 We can try to go forward. We do want a

11 call back to just make sure that we give Ms. Ampel

12 an opportunity to finish out listening to this

13 hearing, but I don't want to unduly prolong matters

14 either.

15 So what I'm going to do is allow a minute,

16 a full minute from here, and then we'll call back

17 just to make sure.

18 (Pause)

19 HEARING OFFICER HOUSER: Let's try again.

20 It shows it dialing on my screen, and it shows it

21 connecting now, actually.

22 Ms. Ampel? Let me try it again. Sometimes

23 it happens like that; somebody can hear me, or I

24 can't hear them or vice versa. One last time.



331

1 (Phone ringing)

2 RECORDED PHONE VOICE: Celia Ampel is not

3 available to take your call. Please leave a message

4 after the tone. Press the pound key to end

5 recording. (Tone)


7 Houser for the Reemployment Assistance Appeals

8 calling back 5:28 p.m., August 17, 2015. Sorry that

9 we missed you, but hopefully you've heard sufficient

10 information, and we'll go ahead and disconnect now.

11 We'll proceed on. Mr. Wilson, did you have

12 further questions for Ms. Taylor?

13 MR. WILSON: I'll withdraw the last

14 question. That's fine. I don't have any questions.


16 Unfortunately, I've got one or two other

17 questions. I don't want to prolong this, but it's

18 kind of important. I've got a question for Mr.

19 Gore. Mr. Gore, are you still with us?

20 MR. GORE: I am still here.

21 HEARING OFFICER HOUSER: Okay, great.

22

23

24



332

1 MATTHEW GORE, Recalled

2 EXAMINATION


4 Q. You heard Mr. McGillis's testimony that he

5 never signed an agreement, never signed a contract,

6 never saw the terms and conditions, the licensing

7 agreement, whatever you want to call it. He was

8 saying that he didn't get any of that stuff. Could

9 that be correct?

10 A. No. To the best of my knowledge, that's

11 not possible. In order to access the application,

12 make yourself available for the first time after

13 having your account activated, you will be presented

14 with the terms and conditions and must accept them

15 in order to continue using the application.

16 Q. All right. And then when Mr. Wilson was

17 questioning Mr. McGillis, he was asking Mr. McGillis

18 about, you know, one of those things, like, a ULA,

19 where you download software or put the disk in. I

20 don't know if you still use disks.

21 But anyway, when you're loading in the

22 software for the first time, you get a screen that

23 you can scroll down, read a long, long, long

24 explanation of all the stuff that you're giving up



333

1 in order to get hopefully the services of the

2 software, and then you then you check a box, and

3 that's your agreement. Sometimes they called it a

4 shrink-wrap agreement.

5 Is that the sort of situation for Uber, or

6 was it more extensive than that?

7 A. I think it's more or less similar to what

8 you're describing. I don't know if you have to

9 check a box or press "I accept" or specifically how

10 you indicate your electronic signature to that

11 document. But, yes, it will be -- in the app, you

12 have it all there in your hand, and then you would

13 agree to it there.


15 Mr. Wilson, any other questions for Mr.

16 Gore?

17 MR. WILSON: Yes. One.


19 BY MR. WILSON:

20 Q. Mr. Gore, have you had the opportunity to

21 research whether or not our records reflect an

22 electronic signature for Mr. McGillis agreeing to

23 the terms and conditions?

24 A. Yes, I have, and they do.



334

1 MR. WILSON: Thank you. No further

2 questions. Thank you, Your Honor.


4 would you have further questions for Mr. Gore about

5 what we just now have been questioning him on?

6 MS. LISS-RIORDAN: Yes. Just briefly.

7 CROSS EXAMINATION


9 Q. So, Mr. Gore, what you were just

10 describing, the terms and conditions showing up

11 before a driver can -- let me just ask you this:

12 The terms and conditions that you just described,

13 would the driver see that on the smart phone --

14 A. Yes.

15 Q. -- before logging in?

16 A. Upon logging in for the first time.

17 Q. Okay. And so before logging in for the

18 first time, it would be on something like an

19 iPhone -- would it actually appear or would you have

20 to click on a link in order for the terms and

21 conditions to show up?

22 A. To the best of my understanding, it will

23 actually appear.

24 Q. Okay. Do you know how -- well, I mean,



335

1 obviously we have it in evidence. The terms and

2 conditions are -- let me see -- 17 pages long. Do

3 you have this exhibit? I think it's Exhibit 1 to

4 Uber's exhibits. Is that right?

5 A. Yes. I think they're probably similar to

6 most terms and conditions that I've accepted using

7 all sorts of different services.

8 Q. And it looks to me, looking at this on

9 8 1/2 by 11 paper, it's pretty tiny. I'm having a

10 little trouble reading it. It would be even smaller

11 on an iPhone; is that right?

12 A. I mean, I don't know that that's true. I

13 think it probably displays the text at a size that

14 makes sense on an iPhone.

15 Q. Okay. But one would have to scroll through

16 17 pages on an iPhone in order to view all of this

17 that's Exhibit 1 to Uber's exhibits; is that right?

18 A. Yes.

19 Q. And this would be -- the time that a driver

20 would be asked to accept this agreement would be --

21 in order to start working one day, they would have

22 to somehow open this up and access this on their

23 phone in order for them to start working that day?

24 A. It would appear prior to be accepted, prior



336

1 to going online for the first time and making

2 themselves available for the first time.

3 Q. Okay. So that would likely happen while

4 they're sitting in the car, about to start working?

5 A. I couldn't say. I imagine it happens in

6 all sorts of locations, from their couch to their

7 car.

8 Q. Okay. But if they want to start working,

9 they have to accept it one day. So assuming they're

10 starting work and haven't accepted it yet, they

11 would see it in their car, on the phone, in order to

12 log in; is that right?

13 A. If that's where they are the first time

14 they log in.

15 HEARING OFFICER HOUSER: Let me just jump

16 in and ask it a slightly different way.

17 So, Mr. Gore, it sounds like what Ms.

18 Liss-Riordan is wanting to know is, is there any

19 sort of waiting period from the time that somebody,

20 you know, accepts the agreement to the time when

21 they can actually start working?

22 THE WITNESS: There's not a waiting period.

23 I believe that after they click "I accept," they'll

24 still have to click "Make myself available," just



337

1 the way that they have the ability to make

2 themselves available or unavailable at any given

3 time.

4 HEARING OFFICER HOUSER: Okay. And is

5 there anything in any of the information before they

6 click on the "I accept" to accept the terms and

7 conditions, anything that advises the potential

8 driver that, you know, they're about to be presented

9 with, you know, 17 or I guess on an iPhone it might

10 be dozens and dozens of screens full of information

11 constituting the agreement?

12 THE WITNESS: I think it may say something

13 like, "You must read these terms and conditions

14 carefully and accept them prior to proceeding," but

15 I don't know exactly what it says on the screen.

16 HEARING OFFICER HOUSER: That's the first

17 sentence of the agreement that we've got here, but I

18 just wasn't sure.

19 THE WITNESS: I'm sorry. I would have to

20 walk through the process myself to tell you in more

21 detail.


23 Ms. Liss-Riordan, hopefully I was trying to

24 get at the thing you were trying to get at. If I



338

1 was off base, of course you have a chance to ask

2 further questions.


4 Q. My only point was that the time that the

5 driver would be prompted to accept this agreement,

6 when they're starting to drive, would be likely when

7 they're in their car, because if they're sitting on

8 the couch at home, for instance, they're not going

9 to be ready to drive and start accepting passengers,

10 correct?

11 A. No, I don't think that's correct. I think

12 the first time that a driver logs into their app,

13 they may very well likely be in their home. I know

14 that drivers, depending on their physical set-up,

15 may sit online on their couch or in a cafe, in

16 Starbucks, or in their cars. It's up to them, as

17 long as they feel they're able to accept a request

18 and complete that trip in a manner that a customer

19 is going to be satisfied.



22 other questions for Mr. Gore?

23 I hope we haven't lost her. Ms. Taylor?

24 MS. TAYLOR: No, sir. I have no questions.



339

1 HEARING OFFICER HOUSER: Mr. Wilson, any

2 other evidence from the Petitioner?

3 MR. WILSON: No, Your Honor. Thank you.


5 any other evidence from the joined parties?

6 MS. LISS-RIORDAN: No.


8 other evidence from the Respondent?


10 HEARING OFFICER HOUSER: Okay. So at this

11 time, we can get a closing statement if the parties

12 wish to give one. They don't have to, obviously,

13 but they certainly may. And we go sort of in

14 reverse order: Ms. Taylor, then Ms. Liss-Riordan

15 and then the Petitioner, Mr. Wilson.

16 Ms. Taylor, any closing statement on behalf

17 of the Department?

18 MS. LISS-RIORDAN: Mr. Houser, before we

19 start with those, I would like to suggest -- I don't

20 know about Ms. Taylor, but as far as Mr. Wilson and

21 myself, I would suggest, given the hour, that we

22 submit post-hearing briefs, which you indicated

23 earlier we could do following this hearing, rather

24 than giving closing statements right now. That



340

1 would just be my suggestion.

2 HEARING OFFICER HOUSER: I've indicated

3 that they are optional, but let's find out if

4 anybody objects to that.

5 Ms. Taylor, would that be okay with you?


7 HEARING OFFICER HOUSER: And, Mr. Wilson,

8 would that be okay with you?

9 MR. WILSON: Sure.


11 Then, you know, this regular provision

12 applies, 15 days in which to present proposed

13 findings of fact and conclusions of law. That, of

14 course, would also give you an opportunity to

15 present a closing statement or brief, if you want to

16 think of it that way, after the hearing.

17 I won't be issuing my decision until, you

18 know, after that 15-day period has closed.

19 Hopefully I'll be able to issue a recommended order

20 very shortly after that, but we'll have to see what

21 the complexity of matters is and if there is some

22 other thing that might require a little -- you know,

23 some sort of delay. Hopefully not.

24 So at this point, then, we'll go ahead and



341

1 conclude the hearing and thank you all for being

2 available. So long.

3 MR. WILSON: Thank you, Your Honor.

4 MS. LISS-RIORDAN: Thank you very much.

5 (Whereupon the hearing was

6 adjourned at 5:42 p.m.)

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342

1 C E R T I F I C A T E

2 I, Carol H. Kusinitz, Registered

3 Professional Reporter, do hereby certify that the

4 foregoing transcript, Volume I, is a true and

5 accurate transcription, to the best of my abilities,

6 of a recording made on August 17, 2015.

7

8

9

10 Carol H. Kusinitz

11 Registered Professional Reporter

12

13

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Rasier LLC and Department of Economic Opportunity 0026 2825 90-02, 0026 2834 68-02, 0026 2850 33-02

Protest of Liability HearingAugust 17, 2015

$

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$638 (1) 316:23$7 (1) 239:6$700 (1) 83:22$700-plus (1) 282:14$9500 (1) 211:7

@

@l-l-r-lawcom (1) 71:5

A

abbreviated (2) 44:22,22ability (2) 259:18;337:1able (43) 7:19;8:17;9:18; 15:16;24:16;31:4,23; 32:18;33:6;34:19,21; 40:21;69:1,14;74:13, 17;78:19;102:23; 103:6;104:14;105:6; 107:22;116:16; 122:21;164:7;185:3; 202:21;210:8;211:11; 215:15;219:15; 227:16;229:14,22; 241:16,20;246:21; 261:15,17;277:2,8; 338:17;340:19above (5) 52:21;55:11;97:22; 214:11,11above-named (1) 84:20Absolutely (6) 111:17;212:2; 213:3;266:3;267:20; 283:24academic (1) 150:5accept (45) 91:22;92:2;96:13; 109:18,19,20;110:1,6, 7,10,11;137:2;138:9; 144:17,20;162:4; 184:11;188:20;189:1; 193:4;209:1;235:20; 236:6;268:14,17,20; 279:21;280:5;286:21; 287:16;295:13,20; 296:18;297:1;305:5; 332:14;333:9;335:20; 336:9,23;337:6,6,14; 338:5,17acceptable (4)

113:7;122:6; 124:21;128:18acceptance (6) 110:22;161:24; 162:1;279:20;280:2; 283:9accepted (15) 112:5,19;114:1,20; 115:19;116:15; 118:22;138:10; 166:15;280:3;290:3; 296:1;335:6,24; 336:10accepting (12) 95:12;110:17; 114:6;115:5;137:9; 188:22;190:4;251:8; 290:12;296:3,22; 338:9accepts (5) 113:22;114:13; 116:8;119:2;336:20access (27) 103:19;104:5,18; 107:19;108:23; 123:23;124:14;126:7; 131:4,7,11,24;132:2, 6,8,13;214:18; 288:20;291:11,14,16, 18;308:14;319:14; 329:5;332:11;335:22accessed (1) 289:1accessing (1) 292:4accident (11) 131:8;232:8; 269:18;270:12,24; 274:16;275:9,15; 277:4,20;326:3accommodate (2) 73:20,23accomplish (1) 156:3according (5) 64:17;78:11,21; 131:14;285:20account (49) 31:17;104:22,22; 105:2,4,14;107:6; 121:5;124:2;127:5; 130:14;132:7,13; 137:16;167:20,23,24; 190:24;191:3;206:22; 214:17,18;215:19,20; 243:20;260:18;261:3; 279:23;281:21;282:1; 288:14,18,22,24; 289:8,17;291:6,23; 302:16,24;313:12; 314:21,22;318:16; 319:14,16;320:22; 321:9;332:13

accountable (1) 325:21accounts (3) 107:11;132:12; 209:4accredited (1) 105:22accumulating (1) 171:12accuracy (1) 138:7acknowledge (1) 189:10acknowledgement (3) 52:13;55:5;86:10across (4) 202:10;211:21; 236:21;267:12Act (8) 54:18;82:15,19; 106:15,16;152:2; 257:9;279:3acting (3) 13:13;293:2,4action (8) 106:10;152:5; 298:15,22;299:5,9,12, 15actions (2) 298:24;325:22activated (5) 102:23;103:19; 105:14;107:11; 332:13active (5) 104:24;105:14; 107:6;108:9;136:9actively (1) 320:16activity (4) 108:1;129:8,9; 203:23actual (15) 6:13,15;71:21; 98:17;102:13;124:18, 19;134:23;153:17; 184:15;186:22;191:8; 215:2;221:1;228:11actually (80) 8:15,16,19;14:2,12; 16:1;18:24;20:20; 22:4;25:4;26:14; 35:17;41:7,16;42:17; 43:24;48:20;51:13; 52:1;58:11;66:14; 67:10;70:21;72:3; 73:10,10,19;74:15; 87:13;92:14;96:4; 99:9;100:20;111:3, 22;112:4;113:18; 114:22;115:19; 129:19;130:19;133:2; 134:14;135:15;136:4;

137:22;140:22;172:2; 173:20;204:16; 207:15,20,23;210:8; 215:2,10,21;217:12; 223:7;226:5;234:8; 239:1,3,23;244:24; 253:22;260:16;280:3; 283:15;284:10; 285:11;301:17; 303:16;307:12;309:5; 320:12;330:21; 334:19,23;336:21ad (1) 286:9add (2) 184:17;222:16added (3) 128:9;146:1;246:9adding (2) 222:20;257:7addition (2) 54:4,10additional (14) 81:9,16;85:11; 105:4;119:6;155:22; 185:11;311:24; 312:18;314:11; 323:21;324:11;325:6, 24address (27) 23:18,21;39:4; 42:12,13,21;43:19,21; 44:22;45:7,15;46:10, 11;68:14;69:9,14,18; 71:4;229:9;237:3,4, 12,17,20;238:3,6; 276:13addressed (1) 287:12addresses (7) 39:2;44:24;45:4,9, 10;75:19;237:3adds (1) 145:22Adelaide (1) 32:5adjourned (1) 341:6adjusted (2) 285:17,21administrative (6) 35:8;82:12;97:7,14, 21;98:10Administrator's (1) 54:14admissible (2) 97:18,23ads (1) 286:10advance (2) 185:3,5advantage (2) 218:11;304:9

Min-U-Script® Doris O. Wong Associates, Inc. (1) $1 - advantage



adverse (2) 106:10;152:5advertise (7) 149:9;151:2;190:2; 233:1;314:10;323:23, 24advertised (2) 172:7,9advertisements (1) 83:20advertises (4) 149:3;150:24; 177:7,13advertising (3) 141:14;189:17; 286:11advice (1) 165:15advise (2) 49:1;120:2advised (4) 5:23;7:1;21:9; 91:11advises (1) 337:7advocate (1) 17:18affect (4) 219:4,9;266:16,21affected (1) 278:4affects (2) 53:2;55:19affirm (5) 39:7;40:5;42:1; 43:9;44:4affirmed (1) 321:13Affordable (1) 84:2afraid (1) 267:15AFTERNOON (2) 196:1;272:3afterwards (1) 7:18again (67) 4:12,16;9:22;15:14; 16:7,11,12,22;22:13; 37:5;55:9;57:9;62:13, 15;75:12;83:13;87:6; 92:16;103:13;117:10, 11;119:4;122:7; 128:14;129:5;135:3; 140:19;153:18;156:2; 158:10;160:24; 161:11,14,14;166:11; 167:1,18;173:13,18; 174:8;175:19;177:1, 19;180:21;181:11,24; 183:17;185:7;187:4; 192:12;244:5;251:17; 255:9;273:17;274:13;

277:24;287:15;295:5; 305:16;314:23; 318:17,19,23;319:8; 330:8,19,22against (3) 59:21;168:16;213:6agent (3) 226:9,15;234:21agnostic (1) 123:13ago (6) 10:19;21:18;25:6; 91:18;262:18,19agree (16) 43:13;47:18;103:2, 3,15;153:1,13;156:1; 164:9;166:22;168:5; 177:12;178:8;189:13; 321:5;333:13agreeable (3) 73:8,9,16agreed (4) 101:24;162:3; 201:7;321:9agreeing (3) 153:19;169:8; 333:22Agreement (50) 53:14,15,15;55:24; 80:15,18,19,23,24; 81:5,6,7;83:12;87:6, 7;101:17,19,19,22; 102:1,6,7,13,15,20; 104:3;107:24;111:24; 122:4;124:4,20; 147:21;169:9;189:10; 201:2,4,5,9,19;244:7, 9;332:5,7;333:3,4; 335:20;336:20; 337:11,17;338:5agreements (6) 101:16;102:11,12, 17;189:2,3Ah (3) 22:8;210:22;241:23ahead (42) 12:7;23:7;29:17; 47:20;49:14,17; 50:18;51:5,6;56:9,11; 60:5,10,16;63:21,23; 69:21;70:16;89:17; 92:13;96:21,22; 118:17;187:3;195:3; 198:5;208:18,23; 248:3,11;249:6; 254:3;255:14;265:15; 287:24;302:17;303:3, 9,20;309:12;331:10; 340:24air (1) 192:1Airport (25) 88:11;111:22;

112:14,15,16;113:4,4; 133:10;134:11;135:2; 164:19,21;165:1,4,10, 15,16,22;166:8,10,12, 24;257:14;279:4,5algorithm (3) 139:4;170:5;181:14allow (5) 126:14,18;214:18; 302:1;330:15allowable (1) 166:21allowed (7) 37:3;173:6;175:8; 242:24;243:5;262:10; 277:15allows (2) 226:19;313:24alluding (1) 165:7almost (10) 32:24;143:9; 199:11;211:7;229:15; 256:15;259:1;268:15, 15;325:21alone (3) 97:17;142:16; 318:10along (11) 4:4;72:10;74:4,14; 98:14;118:21;213:17; 242:11;266:6;290:24; 295:14alternate (1) 30:2alternative (1) 289:16always (18) 104:6,7;123:13; 213:8;214:11,13,19; 216:19;245:2;257:11; 264:22;267:2;268:2, 7,7,10;300:17;306:7amazing (3) 211:1;221:8;283:16Amazon (4) 135:18,21,24; 136:17ambulance (1) 270:8among (5) 17:11;56:2;150:23; 178:10;201:2amount (31) 34:4;47:12;107:13; 138:7;139:21;142:11; 159:12;170:20; 174:20;181:18;182:9; 183:8;184:22;187:16; 191:10;208:19;211:1, 16;220:22;228:1,8; 254:7;255:10;265:6, 14;301:1,3;311:19;

312:12,18;316:14amounts (3) 47:4;147:17;157:11Ampel (23) 5:7,12,16,17,18,22; 6:1,4,9;7:10;92:18,19, 20;93:3;196:6,10,10; 199:6;329:21;330:1, 11,22;331:2Analysis (6) 55:15;81:14;87:4; 88:4;309:18,24and/or (3) 189:19;192:11,22Android (1) 107:22Anglers (1) 46:10animals (1) 193:4Ann (1) 81:23Anne (1) 32:5annoying (1) 253:1annual (1) 130:2annually (2) 151:9,10answered (6) 149:23;290:21; 297:4;301:24;303:18; 322:12antsy (1) 309:1anymore (3) 91:14;108:23;115:2anyways (1) 255:6apiece (1) 207:2apologize (5) 18:14;19:2;75:14; 176:4;255:8app (84) 103:21;104:5,14, 15,18;106:22;107:19; 108:23;109:3,9,9; 113:19;115:6,11,11; 116:12;119:10,14; 123:21;124:14;131:8; 136:12,12;141:6; 142:19,24;143:7; 145:2;146:6;184:23, 24,24;204:8,15,19,24; 205:2,4,6,12,12,21,22, 23,24;206:1,5,5,8; 209:18;210:1,2,8,18; 212:8;221:7;223:13; 227:4;235:8,13; 236:11;251:5;270:15; 275:10;288:6;289:5,

17,21,23;290:1;291:6, 10;292:4,5,6,7;295:4, 19;296:9;300:12; 315:12;329:5;333:11; 338:12app' (1) 141:16apparently (1) 120:6appeal (9) 37:16;52:16,17; 55:10;66:24;68:15; 86:12,12;165:13appealed (1) 56:23Appeals (23) 4:21;5:16;6:20; 9:12;10:11;12:4;15:8, 11;16:18;17:9;21:6; 23:3,4;25:1;28:5; 29:13,16;30:13; 37:17;73:19;89:1; 330:2;331:7appear (15) 17:15,23;18:1,3; 40:21,24;102:11; 111:2;177:1;322:13; 326:17;327:4;334:19, 23;335:24Appearance (8) 21:18;25:18;43:1; 45:20;60:17;61:19; 65:17;253:6appeared (2) 322:4;326:6appearing (1) 255:1appears (7) 31:8;84:4;87:13; 88:15;326:14,20; 327:9appease (1) 191:2Appellate (1) 37:16Apple (2) 204:22;209:24applicable (1) 193:3applicant (1) 106:7application (21) 88:21,21;103:23, 24;104:17;106:23; 122:3;128:12;132:1; 144:14,17;167:6; 190:6;200:6;288:13, 20;289:1;296:11; 297:3;332:11,15applications (3) 291:17;295:3,6applied (5) 190:24;245:22;

Min-U-Script® Doris O. Wong Associates, Inc. (2) adverse - applied



250:11;318:20; 326:16applies (3) 129:13;139:6; 340:12apply (4) 53:20;203:14; 210:7;310:12applying (1) 191:3appointment (1) 59:6appreciate (4) 28:14;51:2;148:2; 298:10approach (1) 133:1appropriate (8) 35:21;36:14;37:18; 97:10;98:9;99:19; 125:12;285:6approve (2) 315:10,10approved (14) 104:17,19;106:18; 124:10,13,18;200:8; 204:6;206:6,17; 210:13,17;324:20; 326:19approves (1) 128:3approximately (4) 98:24;176:15; 211:15;291:5apps (7) 111:13,18;125:10; 205:23;295:8,12,14April (7) 86:20;88:3;245:12; 246:11;288:10,21; 289:1arbitrarily (1) 233:10arbitration (2) 53:20;87:7Area (8) 20:9;73:12;126:23; 160:1;164:7;205:15; 264:6,8areas (7) 154:9;170:18; 217:9;224:12;264:4; 301:1;324:19argument (2) 78:7;97:3argumentation (1) 71:21arise (1) 99:18armed (2) 225:17;246:16around (16) 155:5;180:9,12;

202:9;203:1;209:12; 215:7,8;216:24; 220:16;222:24;224:7; 227:7;238:13;304:9; 311:11arranged (1) 218:14arrangements (1) 123:11arranges (1) 45:13arrival (1) 116:21arrive (3) 119:8;132:17;258:5arrow (1) 284:10article (6) 54:1,3;84:7;87:8; 301:14,17aspects (3) 209:5;323:14,18assist (1) 148:10assistance (36) 4:12,20;5:15,20; 6:19,21;9:12,14; 10:10;12:3,5;15:8,11; 16:17;17:8,10;21:5,7; 23:2,4;24:24;25:2; 28:4,6;29:12,16; 30:12;46:22;47:8,9, 15;52:22;53:21; 55:12;330:2;331:7assistant (1) 11:15associate (2) 17:20;215:6associated (6) 104:11,22,23; 181:4;200:4;231:10Association (3) 105:23;200:13; 223:3assume (2) 230:9;232:19assuming (5) 61:19;63:15; 103:17;241:17;336:9assumption (1) 136:18asymmetry (1) 139:22AT&T (3) 136:21;257:1;313:7atmosphere (1) 253:2attempt (2) 246:23;288:6attempted (5) 19:24;288:13,16; 291:10,15attend (2)

46:4;74:3attention (5) 12:10;42:17;68:12; 69:9,22attorney (8) 17:15,16;18:6; 24:12;27:1;60:8; 67:18;271:23attract (4) 189:15;262:4,5,7attractive (2) 49:7;164:12auditor (3) 87:10;89:7;324:7auditor/supervisor (1) 44:18August (11) 9:13;15:9;65:3,14, 16,20;66:4;81:17,19; 330:3;331:8authenticate (1) 95:22authenticated (4) 90:7,8;92:7;287:2authenticity (1) 95:18authorities (2) 164:21,23authority (2) 97:7,9automated (7) 158:4,21,22;159:2; 160:23;161:1,3automatic (1) 15:2automatically (9) 117:24;119:15; 157:8;158:7,20; 160:11;164:14; 188:23;280:11automobile (6) 146:7,10,13,16; 192:5;295:1available (47) 9:5,8;15:3,15; 22:18;29:7;52:11; 55:4;85:23;86:9; 104:15;105:7,9,17; 106:24;107:4,9,17; 109:6,12;110:10,23; 111:2,3;112:7,9; 137:4,7,8;138:2; 139:2;143:9;149:10; 160:1;173:19;207:14; 212:1;318:21;323:15; 329:22;330:9;331:3; 332:12;336:2,24; 337:2;341:2Avenue (2) 14:5;42:12average (5) 154:7,11;157:12; 184:12;230:1

avoid (6) 63:6;79:12;133:9; 230:19;257:14,17awaiting (1) 196:24awake (1) 221:6award (1) 188:9awards (3) 185:22;187:6;188:4aware (26) 40:19;41:13;50:9, 21;101:2;109:1; 121:21,22;148:12; 149:7;163:15;168:21; 171:5;174:6,7;178:4; 185:9;234:2,3,5; 266:17;274:2;286:14; 295:22;298:15;299:2away (8) 26:8;31:10;73:11; 179:17;207:17,24; 227:21;228:4awfully (1) 198:3Ayers (3) 45:2,11,15

B

back (81) 9:17,22;10:14; 15:14,23;20:3;41:17, 22;46:8;49:11;51:6; 63:24;71:6;77:4,20; 78:13,16,24;84:14; 90:21;92:13;93:4,8; 96:16;106:5;108:5,6, 14;112:17;113:6; 126:14,18;147:15; 159:12;166:6;189:4; 194:4;195:2,19,22; 196:4,7,8,10,13; 197:17;198:4;210:3, 9;213:23;219:20; 221:22;224:17; 226:13;229:3,16; 230:7,24;235:10; 239:11,16,20;246:21; 248:15;253:22; 255:11;256:8;267:24; 269:16;270:1;272:2; 273:1,10;274:8; 275:2,12;329:20; 330:8,11,16;331:8back-and-forth (1) 244:18background (41) 29:23;103:15,16, 18;105:13,19,21,23; 106:5,8,12;129:22; 130:2;146:3;150:6;

151:6,8,11,12,13,19; 152:4,6,10,19;167:7, 11;168:2;169:2,7; 174:13;200:7;201:6; 204:1;250:16;289:5; 314:23;315:1,2; 318:16;326:14backwards (1) 80:5bad (4) 163:7;218:22; 227:9;283:21badge (7) 310:5,11,13,16,20, 24;323:8badly (1) 219:8balance (2) 138:24;233:3band (1) 135:10bank (5) 204:24;209:4; 226:13;234:2;260:18banks (3) 226:10,15;247:9Barbara (1) 81:23barbecue (1) 230:23Barnes (1) 26:21base (4) 47:5;120:19; 229:10;338:1based (32) 49:18;50:2;55:14; 57:4,15;99:11; 120:20;152:5,19; 159:15;169:14,19; 178:15;184:8;187:11; 212:15;217:23;231:4; 239:16;268:1;301:20; 302:4;303:12;306:14; 311:19;321:24;322:3, 23;324:10;326:9; 327:8;329:11basic (1) 258:6basically (37) 12:18;34:12;41:4; 47:1;50:24;54:5; 55:20;59:24;65:16; 81:20;84:4;92:6,10; 94:5,13;99:13; 104:24;107:21;111:5; 120:2;121:17;123:19; 138:21;150:21; 156:16;184:5;205:13; 240:10;244:7,14; 253:6;270:19;273:6; 274:3;286:1;303:2; 321:17

Min-U-Script® Doris O. Wong Associates, Inc. (3) applies - basically



basis (4) 97:17;121:5;154:7; 311:19bathroom (1) 248:6battery (1) 13:13Bay (2) 42:12;217:8Beach (4) 128:16;217:6,19; 257:19Bear (5) 79:3;148:13;186:2; 304:22;322:14became (3) 221:12;229:8;260:3become (4) 150:2,6;167:5; 323:21beep (2) 237:8;268:20beeps (2) 220:3,4began (3) 99:14;259:15; 260:24begin (6) 34:7;98:17;144:6; 210:1;248:5;315:11beginning (6) 85:21;97:2;132:21; 183:11;264:24; 325:10behalf (13) 8:14;12:7;13:3; 17:13;24:8,14;28:9; 60:9;90:2;121:3; 162:19;187:7;339:16behave (1) 177:22behind (3) 137:15;162:17; 209:17behold (1) 91:13below (9) 55:13;157:16,18; 214:14;215:1,12; 266:14;267:3;281:16below-average (1) 125:21benefit (4) 46:22;47:9,15; 189:14benefits (7) 47:8;52:22;55:12; 56:22;88:1;243:17; 329:6Berwick (1) 81:23Besides (2) 256:8,8

best (21) 49:22;52:11;55:4; 60:2,11;70:16;86:9; 111:1,9;123:3; 125:20;133:4;152:22; 224:1,2;239:19; 257:12;285:21; 302:11;332:10; 334:22better (8) 158:19;195:3; 216:10;257:24; 268:22;283:20; 303:16;313:10beyond (1) 243:17bid (1) 236:23big (5) 176:7;199:20; 236:12;278:12; 323:21bigger (2) 219:14;223:17bill (4) 109:24;323:5,6; 327:1billion (1) 153:8billions (3) 153:15,18,22bing (1) 236:12birth (2) 203:22;304:8bit (20) 13:13;28:14;29:23; 37:8;52:20;64:13; 80:5;100:19;111:14; 149:21;154:1;161:22; 194:6;197:16;198:16; 219:21;250:18; 263:22;273:1;317:16Block (2) 242:6;300:23blocks (1) 118:10board (1) 202:10bogged (1) 98:14bonus (6) 185:11;313:6,6,16; 314:3,7bonuses (12) 185:10;311:23; 313:2,7,9,11,19; 314:4;323:4,5,24; 328:6book (3) 135:18,22,23books (2) 136:20;142:8

Boston (7) 17:17;43:4;73:2; 113:23;114:4;115:17, 20both (16) 50:10;72:5;100:14; 111:18;136:12; 169:14;184:24; 187:20;196:7;203:1; 224:1,10;229:18,20; 297:13;315:3bottom (1) 143:10bought (3) 129:18;316:6,9Box (8) 45:3;203:24; 270:15;275:10,17; 284:9;333:2,9boxes (1) 309:22Boylston (1) 43:3brakes (2) 222:15,19Bramer (1) 68:12brand-new (1) 230:17breach (2) 324:21,22break (15) 76:22;77:7,12; 178:19;179:1,4,11,18, 21;194:1,8;195:8; 197:16;248:5,6Brickell (2) 212:11;217:6bridge (1) 211:21brief (15) 35:1,3;37:3,20; 76:18;81:20;87:24; 248:4,5;249:16; 303:9,16;309:16; 316:1;340:15briefly (5) 269:7,21;274:20; 304:24;334:6briefs (1) 339:22bring (5) 12:10;159:12; 160:19;205:4;269:3bringing (1) 262:1broader (2) 82:19;188:10broken (1) 176:5brother (2) 124:17,22brought (1)

202:18Broward (1) 134:9browse (1) 215:20brushed (1) 255:5bubble (2) 204:12;251:20bucks (1) 230:16bullet (2) 281:19;300:21bunch (3) 76:9,10;242:7burden (2) 41:20;73:22burdensome (1) 74:6Business (35) 5:8,12;7:11;8:7; 88:22;90:12;141:19, 22;143:2;180:10,13, 15;199:8;250:9; 262:3;310:5,11,13; 311:5,6,9,14;315:5,7; 322:12,23;323:1; 324:4,8;325:1,18; 326:15;327:4,7,19busy (1) 140:6button (7) 105:17;107:3; 119:13;207:11,14; 268:22;297:1buy (2) 135:21;256:18buying (1) 135:18Bye (2) 51:8;330:9Bye-bye (2) 27:19;51:7bypass (1) 270:2

C

cab (2) 150:15;325:8cafe (1) 338:15calculate (4) 121:1;228:2;230:1; 316:8calculated (1) 279:21calculation (2) 228:1;230:11calculations (1) 231:20calendar (1) 238:3

California (7) 14:4;68:13;81:22; 82:4;85:13;88:7; 177:19call (66) 4:10,12;6:8,15;9:4, 17,21;10:3,24;11:2; 12:4;15:1,14,23;16:5; 18:19;20:4;26:15,18; 27:8,8,9,24;29:7; 51:6;58:4,7;62:6; 63:24;70:13;71:6; 92:13;100:9,13,14; 101:8;116:9;119:4; 135:19;137:21;141:5, 15;163:2;195:19; 226:10;234:16; 235:13;252:23; 253:12,12,13,15; 254:11,14;271:24; 272:2;274:14;324:2, 12;325:7;329:20,22; 330:11,16;331:3; 332:7called (21) 5:22;10:18;11:12; 30:5;73:4;109:9; 169:24;182:24;189:9; 201:18;213:21;214:1; 232:13;264:21; 269:10;270:7,20; 276:20;311:7;327:3; 333:3calling (21) 4:21;5:19;6:20; 8:21;9:3,13;10:14; 15:9;16:18;17:9;20:3; 21:6;23:3;25:1;28:5; 29:13,15;93:4; 252:24;254:7;331:8calls (3) 20:15;27:11;303:2calm (1) 208:9came (14) 46:24;76:12;85:21; 151:19;155:16;233:8; 246:8,10,24;270:2,8; 275:4;304:16;307:20Campaigns (1) 44:19can (194) 7:19,23;14:11,16; 16:3;18:3;19:6,7; 22:1,2;24:6;30:8; 32:2,12;33:3;35:19; 36:5,17,18,20;37:1,6, 15;41:7;47:24;48:1,3; 49:3;50:24;56:6,7,12, 15,17;57:11,13,14; 60:20;62:9,11;63:6, 21;68:22;69:10,11, 11;72:8;73:20;76:21;

Min-U-Script® Doris O. Wong Associates, Inc. (4) basis - can



77:1;78:4;79:21; 83:17;96:12,17;97:6, 8,11,15;98:4;101:12; 102:24;103:19,20,22; 104:10;105:3;107:13; 108:18;113:5,19,24; 114:1,8,9,17;115:5, 23;117:5,7;120:19; 123:2,11;125:11; 126:5;127:22;128:1; 129:5;142:23;145:12; 148:5;149:4;153:16; 154:3,4,5,10,12; 156:13,23,24;159:16, 22;161:13;164:22; 167:16,19;171:2; 172:14,16,19,23,24; 173:3,24;177:7,13; 178:24;179:19;183:7; 184:14;185:4,24; 187:7,21;188:10; 191:15,18,21,22; 192:17;194:1;195:5, 13;196:8;197:11,18; 206:4,4;212:9; 215:21;216:2,6,7; 218:9;223:21,22; 230:21;233:2;237:7; 238:22;242:11;244:4; 248:4;250:23;254:2; 255:11;265:11;266:5, 13,24;267:21;269:6, 21;272:7;273:3,17; 274:20;279:9,15; 280:10;281:6,22; 286:12,16;289:14; 290:23;295:14,21; 297:13;303:10,18; 310:22;311:24; 313:11,17;325:7; 329:15;330:10,23; 332:23;334:11; 336:21;339:11cancel (12) 112:24;114:6,17; 116:11;117:5;144:21; 163:1;166:8,23; 181:9;254:12,16cancellation (16) 117:13,19,20,22; 118:1,12,13,20;163:4; 181:4,15,24;254:21; 255:15,20,21cancellations (1) 162:16cancelled (7) 116:3;117:17; 118:11;166:16;181:6, 7,12cancelling (4) 162:9,21;163:2,13cancels (3) 117:15;118:8;

162:14candy (2) 268:10;299:13captures (1) 188:9car (53) 113:17,22;114:9; 115:13;117:3,4; 119:9;124:17;127:2; 131:9;141:6;149:4,8; 150:9;166:17;169:12; 176:20,24;202:3,5; 222:18;228:6;229:2, 16;230:17;233:21; 236:11;237:8,10; 242:23;250:1;252:11; 253:4,4;256:18,19; 257:20;259:20; 269:14;270:12; 271:18;275:5,9; 315:11;316:5,9,15; 317:5,13;336:4,7,11; 338:7Card (14) 87:17;119:15; 121:3,17;164:14; 188:23;208:22; 241:11;260:20;261:6; 311:7,10,16;313:23cards (10) 208:14;209:2; 310:6,12,13;311:5,6, 9,13,14careful (1) 148:6carefully (1) 337:14carried (2) 322:23;326:8carry (4) 193:5,7;314:11; 325:23carrying (6) 164:13;193:12; 208:19;233:23; 322:24;326:1cars (9) 88:13;122:16; 138:1;141:24;145:4, 6,10;324:20;338:16case (100) 8:6,23;11:2;18:9, 15;20:2;25:6,11; 26:18;27:23;28:19; 33:10,15;34:5,8; 36:12;39:18;41:6; 49:9,10,18;50:2,3,8, 20;51:12,21,22,23,24; 52:3,7;53:21;54:24; 57:15,16;58:11,21; 59:3,10,20,21;64:11; 65:11;70:12,21; 77:10;78:6;79:13;

80:22;81:23;82:10; 89:2,16;91:16;94:17, 22;96:19;100:21; 102:19;104:6,7; 113:17;114:19;115:4, 16;117:18;118:13; 129:10;131:6;134:7; 135:2,8;136:23; 141:24;142:10;143:9; 145:15,17;168:9,11; 184:3;185:20;191:4; 198:16;218:18; 220:22;230:2;233:6; 234:13,15;237:1,17; 241:6;309:1,10; 320:7,8;324:14,18cases (27) 7:24;8:3,6;34:3; 41:18;54:11;60:4,6; 76:1,1;81:6;103:20; 126:15;133:13; 134:17;143:12;154:9, 16;157:20;159:23; 165:12;169:17; 171:11;227:23;238:9, 10;303:11cash (7) 164:13;188:24; 189:1;208:19;261:7; 316:9,11cashless (1) 208:11catch (1) 240:8categories (1) 177:10Cathy (1) 11:15caught (1) 239:13cause (1) 191:8caused (2) 270:4;275:5causing (2) 31:9;79:20caution (1) 148:4cautious (1) 267:23Celia (9) 5:7,13,16;7:10; 92:18,19;196:10; 329:21;331:2cell (2) 209:23;315:15cellular (1) 136:19Center (2) 44:19;324:13Central (1) 44:19cents (4)

217:20;218:2; 223:15;313:24certain (50) 36:19,23;37:5;52:5; 54:16;62:11,22; 63:11;82:21;109:18; 122:5;125:23;126:4, 9,19;127:12;132:18; 139:19,19,21;152:10, 20;154:9,19;157:24; 159:12,13;163:17; 171:24;177:5;178:9; 182:9;212:15;242:22; 256:21;263:4,9,21; 264:4;278:16;279:10; 313:12,21,21;314:16; 323:14;324:7,19; 326:13;328:6certainly (14) 12:20;18:3;22:20; 90:3;136:17;137:6; 138:5;152:12;164:3; 166:12;196:9;197:3, 5;339:13certificate (3) 126:17;160:7,16certification (9) 52:7;55:3,4;66:24; 86:7,8;88:22;150:4; 207:8certified (5) 45:13;69:11;76:1; 225:19;234:23cetera (10) 83:18;84:16; 105:13;130:22; 143:12;167:8;176:6; 187:2;210:24;242:23chance (5) 34:18;35:3;77:7; 161:20;338:1change (9) 8:18;108:21;109:2; 134:20;155:13;222:7; 261:11;284:11; 327:15changed (4) 102:7;137:16; 155:8;266:3changes (1) 102:8channel (1) 103:8characterization (2) 134:16;153:20characterize (2) 163:3;171:20charge (5) 104:15;121:2; 232:11;238:12; 276:21charged (18) 116:4;117:19,22;

118:14;119:16; 129:20;138:11;139:9; 164:14;181:15,20; 182:2,9;188:23; 232:8,13;259:13; 260:7charges (1) 117:24chauffeur's (1) 128:20cheaper (1) 238:14cheapest (2) 101:4,6check (49) 16:10;20:8;22:12; 85:22;103:15,16,18; 105:13,19,21,24; 106:2,2,4,5,9,12; 129:22;146:3;151:6, 11,13,19;152:4,6,10, 19;167:7,11;168:2; 169:8;174:13;198:12; 200:7;201:6;204:1; 228:20,21;233:3; 289:6,20;292:9; 314:23;315:1,2; 318:16;326:14;333:2, 9checking (4) 20:7;25:7;239:12; 268:1checks (5) 130:2;151:8,13; 169:2;261:8Chevy (1) 122:17chewing (2) 298:11,13Chicago (1) 142:22choice (2) 144:16;223:21choices (1) 100:11choose (8) 50:14;119:4,22,23, 24;147:8;151:22; 205:2chooses (1) 145:15chose (5) 107:12;205:3; 294:16;315:12,13Christmas (2) 210:24;221:11Christmastime (1) 261:24circle (2) 236:13;310:12circling (1) 220:2Circuit (2)

Min-U-Script® Doris O. Wong Associates, Inc. (5) cancel - Circuit



41:1;234:24circumstance (13) 115:23;116:5; 142:4;160:6;162:23; 165:8;181:11;184:18; 188:10;190:14,16,22, 23circumstances (7) 118:3;130:17; 139:16;190:15,17; 263:5;317:17citation (1) 133:15citations (2) 165:6,10cities (3) 134:21;142:20; 171:14City (3) 142:22;300:23; 314:17civil (2) 97:18,23claim (11) 46:21,23;52:22; 55:11;56:22;88:1; 233:5;234:16;290:17; 294:24;329:10Claimant (5) 17:21;52:20,24; 55:10,17Claimants (2) 72:16;329:8claimed (2) 323:3;329:6claims (1) 322:6clarification (2) 96:24;119:6clarify (4) 45:17;95:16; 138:23;183:11class (7) 159:17;160:3; 161:6,10,13;281:24; 322:16classification (1) 149:18clean (10) 227:16,17,21; 228:3,14,16;230:6; 253:4;265:14,22cleaned (2) 228:17;229:16cleaner (1) 229:6cleaning (19) 228:6,11,22;229:5; 230:2;231:4,6,12; 232:9,13,23;264:19, 21,23;265:4,20; 276:22;284:23; 285:10

clean-up (4) 231:21;232:2,2,4clear (9) 67:20,23;77:17; 113:8;115:7;124:12; 267:8;303:12;309:4cleared (1) 12:12clearly (2) 44:1;90:6clerk (1) 67:5click (15) 105:16;125:11; 203:24;206:19; 207:11,14,14,19; 210:14;237:8;311:8; 334:20;336:23,24; 337:6client (6) 12:11;13:5;67:9; 192:1;242:10;266:9clock (2) 78:12;198:2Close (6) 64:22;68:10; 137:20;232:18;259:1; 309:5closed (1) 340:18closer (1) 111:20closest (4) 73:18,19;137:4; 280:11closing (8) 35:1,2;98:4;251:9; 339:11,16,24;340:15clothing (2) 299:5,6club (1) 238:4clubs (3) 217:19;224:14; 227:11Coastal (1) 89:3co-counsel (2) 91:3,11CocoWalk (3) 238:19,21;239:11code (9) 16:9,11;20:9;22:11, 13;187:21;192:22; 237:16;311:9coffee (1) 208:1collect (2) 260:22;325:1collection (1) 55:2collector (1) 122:15

college (2) 274:22;307:18Collision (1) 84:12column (1) 148:1com (1) 69:19comfort (5) 191:15,19,20,21; 193:10comfortable (3) 163:18;164:16,17coming (11) 46:8;168:24; 219:16;220:3,4; 256:20;261:3;301:5, 5;322:6;325:10comment (3) 61:4;283:15,21comments (8) 59:15;61:14; 156:10;194:18; 216:12,15,18;283:19commercial (5) 129:8,13,17;326:3, 7commingle (1) 115:15Commission (6) 81:22;83:6;170:10; 259:22;312:9,11commissions (5) 171:1;311:22; 312:3,5;323:4committed (1) 313:15common (6) 19:4,4;27:21;82:19, 23;111:23communicate (3) 106:7;140:5,13communicated (1) 275:11communication (6) 120:5;134:12; 136:1,6;201:15; 254:15communications (5) 133:2;256:10,13, 17;264:9companies (14) 100:23;111:6,8; 134:23;141:13; 142:21;159:20; 173:19;225:7;233:11; 247:3;250:6;313:17; 325:23company (37) 40:1;53:16;80:19, 20;81:4;84:22;88:19, 23;102:4;122:6; 123:7;133:22;141:23;

142:13,18;173:16,17; 176:17;189:14;200:5, 14;201:20;213:7; 218:4;225:11;233:9; 246:18;247:12; 275:20;276:16,16,19; 311:7;324:3;325:12; 326:19;327:3compared (1) 70:8Compensation (6) 185:17;229:21; 254:17;290:5,8;323:4competent (4) 96:14;97:16,23; 98:8competition (1) 222:7competitor (3) 173:12,17;314:9competitors (3) 111:6;114:13; 127:16complain (2) 172:23;213:1complained (2) 239:3,5complaining (2) 202:14;245:1complaint (2) 157:2;240:6complaints (3) 156:22,23,24Complete (9) 76:13;112:21; 114:14;180:16,17; 207:11,15;281:24; 338:18completed (19) 4:11;55:15;78:19; 79:2;84:11;119:14; 120:23;126:1,16,18; 180:20;185:1;204:2; 207:19;271:15;276:5, 13;310:2;314:24completely (3) 112:19;271:4;275:2completeness (1) 51:14completion (2) 160:7,17complexity (3) 72:13;78:6;340:21complicated (1) 294:3comply (2) 151:24;193:2component (1) 120:19computer (1) 294:2concept (3) 138:16,20;183:13

concerned (7) 12:20;30:6;112:13; 253:7;283:19;307:5,7concerns (1) 324:9conclude (4) 178:24;304:23; 323:19;341:1conclusion (2) 183:24;323:15conclusions (7) 35:11,20,24;36:8, 10;98:6;340:13conditioning (1) 192:2conditions (29) 80:23;101:22,23; 103:2,6;104:4;115:7; 118:21;201:16; 295:13,16,19,20; 296:2,4,11,17,23; 297:2;332:6,14; 333:23;334:10,12,21; 335:2,6;337:7,13conduct (3) 151:8,13;192:22conducted (5) 84:21;103:16; 105:21;151:10;169:3conducting (1) 173:21conference (1) 27:22confident (1) 139:23confidential (1) 69:5confirmed (2) 43:19;215:2confused (2) 62:8;305:23confusing (3) 62:4;119:5;247:15conjunction (2) 302:8,9connect (2) 136:13;280:11connected (8) 77:18;78:21; 195:14;198:21; 199:16;248:23; 253:24;254:1connecting (1) 330:21connection (25) 5:19;6:21;9:14; 10:12;12:5;15:10; 16:19;17:10;21:7; 23:4;25:2,6;28:5; 29:16;39:17;99:24; 135:19,20;136:24; 153:6;195:15,18,18; 290:17;299:16

Min-U-Script® Doris O. Wong Associates, Inc. (6) circumstance - connection



connections (2) 133:23,23connects (1) 135:1conscious (1) 217:22consent (1) 167:11consequences (1) 268:21consider (6) 35:21;180:8;282:1; 313:6,6;327:22consideration (1) 185:9considered (19) 40:20;47:6,13;50:5, 6;52:3;82:21,23; 97:22;98:8;103:5; 159:18;160:4;307:9; 320:17;321:22; 323:13;328:8,8consist (2) 105:20;204:20consistently (4) 110:20;125:13; 126:3;258:12consolidated (5) 8:4;20:2;30:13; 33:11;60:4constantly (1) 267:24constitute (2) 33:17;80:24constitutes (1) 53:15constituting (1) 337:11constrained (1) 63:4constraints (1) 194:3construction (1) 239:10consult (3) 4:11;18:2,2consumer (2) 101:2,3consumer's (1) 101:1contact (28) 4:7,8,16;5:5,6;6:7, 11;7:20;8:2,19;14:16; 16:4;20:1;24:11,19; 25:4;26:1;27:12;30:2, 3;37:6;114:10; 116:22;172:12; 198:19;253:22; 270:11;276:23contacted (4) 46:1;213:5;270:8; 276:23contacts (2)

21:24;22:7contain (1) 68:19contained (1) 68:20contemporaneous (1) 98:3context (2) 54:17;269:17contingent (1) 61:7Continuance (15) 25:16;45:22,23; 49:9;59:14;60:9,10; 61:5,11,18;62:19; 72:11;73:5,7;79:13continue (12) 49:4;58:22;59:4,10; 60:1;73:14;114:18; 154:20;219:15;277:3, 8;332:15continuing (1) 326:21contract (24) 88:4;100:21; 106:13;123:16,16,17; 124:11,22;137:15; 151:22;168:5,5,9,13; 170:11;171:4;173:24; 174:1,10;182:16; 201:1;324:21,22; 332:5contracting (1) 100:23contractor (19) 47:3,11,12;48:9,19; 50:7;54:5;55:14; 81:14;82:16;87:4; 245:7,10;246:1; 247:23;293:3;309:18, 23;321:23contractors (6) 54:17;144:1; 149:19;320:18; 323:17;327:22contracts (2) 100:5;123:14contribution (1) 243:20control (7) 190:15,22;256:1,1; 323:13;324:16; 327:24controlling (1) 327:9conversation (1) 215:12conversations (2) 165:3;215:9convictions (1) 203:23cool (2) 62:12;216:16

cooperative (1) 195:16coordinator (1) 45:12copy (22) 52:17;53:10;54:1,7, 13,19;55:22,23,23; 69:1;81:21;83:11; 84:6;86:18;87:8;88:5, 10;89:4;129:1; 203:24;204:3;241:10Coral (1) 42:20cordial (2) 165:4;239:21corner (2) 186:16,23corporation (1) 53:18Correction (1) 86:15correctly (11) 64:17;112:11; 113:10;140:20;204:8; 207:1;208:22;214:12; 232:18;242:19;291:8correspondence (1) 284:22cost (12) 104:11,13;121:10, 13;146:2,2;230:5; 232:1,3;265:14,21; 316:10costing (2) 268:8,11costs (1) 143:21couch (3) 336:6;338:8,15counsel (10) 12:13;18:3,12,17; 21:10;24:12,22; 58:12;86:23;274:14counsel's (1) 316:5countdown (2) 110:5,7counter- (1) 37:1counter-exception (1) 37:4counties (1) 134:21country (4) 136:2,8,8;192:2counts (1) 313:20County (8) 23:20;89:3;128:16; 134:9;203:6;220:2; 257:16;314:17couple (27) 5:4;6:13;14:20;

24:10,18;36:4;48:24; 76:14;90:5;121:7; 180:5;196:5;197:1, 17;198:2,4;211:6; 233:4;235:8;239:20, 22;244:8;246:23; 288:10;308:22; 318:15;328:21coupons (1) 313:4course (25) 17:20;37:18;41:20; 47:18;60:12;77:8; 94:11;96:12;126:16, 18;133:16;157:21; 159:19;160:8;188:17; 189:1;197:22;223:17; 254:13;281:23;295:8; 309:6;324:7;338:1; 340:14courses (2) 159:22,24court (9) 12:10,21;37:16,17; 41:1;82:3;89:1; 225:19;234:23courtesy (5) 76:22;163:1; 165:13,13;191:5courthouse (1) 40:24Courtney (19) 8:21;9:7;10:12,24; 11:10,17,22;12:1; 19:22;31:2;69:18; 72:7;75:16,24;78:23; 90:1;144:3;272:6,14cover (13) 52:6;53:8;55:2; 64:24;65:15;66:8; 68:2;80:12;81:19; 85:18;86:6;230:19; 232:9coverage (6) 129:3,7,11,15,16; 232:24covered (5) 124:8;222:20; 231:2;234:17;274:13CR (2) 23:20;43:20Craig (3) 4:9,21,22Craig's (7) 85:2;151:1,2;286:9, 11,14,16crashed (1) 270:3create (5) 104:21;192:16; 206:15,21;223:24created (3) 205:10,11;289:16

creates (1) 104:21creating (1) 153:2creative (1) 263:15credentials (4) 167:14,17,21; 174:15credibility (1) 147:20Credit (15) 106:15,15;119:15; 121:3,17;152:2; 164:14;188:1,23; 203:20;208:14,21; 209:2;260:20;261:6criminal (1) 203:23CROSS (6) 148:21;180:6; 288:1;309:14;329:1; 334:7cross-examination (4) 148:5;178:23; 179:6;309:7cross-examine (1) 34:21cross-examining (1) 51:17cup (1) 145:20curb (1) 298:21curiosity (1) 207:21curious (2) 219:21;309:17current (5) 169:10;170:17; 214:15;259:16; 285:17currently (6) 100:15;149:17; 183:3;291:20,21; 320:23customer (34) 109:8;115:22; 132:11;134:13;137:4, 20;162:11,23;163:6; 172:11,14,16,22,23, 24;173:3,13;177:24; 184:21;190:12,20; 192:4;212:9;213:20; 221:3,4;258:6; 264:16;267:2;271:16; 283:2;286:1;300:4; 338:18customer-friendly (1) 253:2customers (39) 122:9;147:8,12; 148:10;149:3;153:16;

Min-U-Script® Doris O. Wong Associates, Inc. (7) connections - customers



154:2;156:10,11,14, 19,21;162:21;166:24; 173:7,11;178:12,14; 180:9,11;184:20; 192:15;213:21;258:2, 3,5;259:19;261:8,8, 14,15,18,19;262:4,5, 7;280:16;299:23; 300:3customer's (6) 121:3;178:2; 317:20,24;318:3,7cut (16) 62:9,11;63:7; 158:20;173:8;202:8, 15;217:24;219:13; 222:21;234:4;238:18; 271:23;272:7,16,18Cutler (2) 42:12;217:8cutting (4) 183:23;184:4; 256:20,21cwilson@littler (1) 69:18cwilson@littlercom (1) 69:23

D

Daily (5) 5:7,12;7:11;199:7; 256:15Dalene (1) 68:12damage (6) 227:19;228:3; 229:1;270:4;275:6; 285:12damages (4) 229:9;275:19; 277:21,22dangerous (2) 114:24;209:10Darrin (21) 8:12,14;15:24; 16:21;17:11,20;21:8; 30:17;31:21;42:8; 70:12,15;77:23;78:1; 81:13;87:18;200:1; 230:12;285:18; 288:19,24D-a-r-r-i-n (1) 42:9Data (3) 84:1;183:18;187:11databases (1) 106:4date (7) 49:11;62:15;65:3; 130:8;186:14;203:22; 246:5dated (18)

52:6,13,15,18; 54:14;55:6,9;65:13, 16,19;66:4,8;68:3; 81:17,19;86:6,15; 88:3day (27) 59:11;64:2;73:15; 142:12;200:13;208:6; 215:22;216:2;219:9; 220:4;221:24;234:22; 237:14;240:22;246:9; 249:16;275:12;277:4, 6,20,23;284:9,11; 324:10;335:21,23; 336:9days (19) 35:18;36:24;37:2,4; 108:2;121:7;137:12; 224:9,11;239:4; 265:8;284:13;288:10, 11;292:2,6,7,8;340:12DC (2) 99:12;142:22deactivate (1) 288:17deactivated (49) 108:2;126:13; 155:1;157:6,8,19,23; 158:7;159:8,15; 160:3;161:4,8,9,11; 174:16;175:1,15,18, 18;214:24;215:1; 246:22;266:15,19; 267:15,17;277:18,19, 24;278:4;281:16,22; 282:5;288:4,5,15,19; 289:8;291:9;308:14; 314:20;318:6,23; 319:2,5,5,9;329:6deactivating (1) 277:11deactivation (9) 269:6,7;273:6,16; 274:15;306:22; 317:18;318:10,12deadline (2) 246:11;247:17deal (2) 223:6;329:7dealing (2) 208:13;324:15dear (1) 94:4December (4) 211:6;221:19,23; 222:17decide (12) 61:21;106:12; 112:24;137:21;159:1; 172:24;191:23; 192:18;209:6;224:4; 266:1;305:9decided (11)

92:24;132:6;171:1; 203:7;208:6;210:7; 226:16;235:7;259:14; 285:24;305:12decides (11) 114:21;116:3; 119:19;124:15;127:1; 155:9;160:18;162:13; 174:21;228:8,8deciding (2) 158:19;229:9decimal (1) 137:24decision (35) 35:5;36:3;47:21; 48:3;49:2,14,18,23; 50:8;51:1;57:15;58:2; 61:22;77:22;81:22; 140:4;143:2;157:22; 158:2,3;160:13,16; 162:18;208:18,23; 217:23;228:9;285:9; 302:12,13,19;303:24; 320:12,16;340:17decisions (7) 78:3;300:12,18; 301:9,21;302:5,18declared (2) 53:4;294:12deconsolidating (1) 60:6decorated (1) 141:4Decordy (1) 81:18decrease (1) 205:16decryption (2) 78:19;79:2deducted (1) 286:2deductible (8) 232:9,11,23;233:7, 10;276:18,20,22deducting (1) 294:14deductions (4) 228:5;242:16,21; 294:16deemed (1) 285:6deep (3) 228:16;229:6;230:6default (1) 171:7define (1) 291:24definitely (3) 20:19;70:15;231:16definition (4) 82:18,20;178:2,3degree (1) 137:24

Deirdre (3) 10:8,17;272:4DeJoyne (1) 81:18Delaware (2) 53:17;88:23delay (3) 166:17;198:18; 340:23delicately (1) 79:22delivered (2) 135:22;180:24Delivering (1) 135:23Delivery (2) 76:13;100:20demand (12) 138:17,19,24; 139:1,3,23;140:21; 169:24;184:4,6; 221:2;312:22demanded (1) 268:12demonstrating (1) 252:11denial (2) 82:7;132:23denied (2) 72:15,24dent (2) 232:15,17denying (2) 73:7;82:2DEO (4) 7:20;19:21;26:22; 30:23Department (67) 7:12;24:9,9,12; 25:8,23;27:1,3;28:1,9, 24;30:11;35:9,13; 37:12,14;44:15,23; 45:2,19;46:24;52:5,8; 53:9;54:9,12,15,22; 64:16,18,24;65:24; 66:11,21;67:4,7,16, 21;68:3,21;70:6;74:8; 80:7;82:11;85:7,14; 86:5,8;89:5,8,10,13, 20;91:23;94:11; 130:6;178:23;290:9, 15;292:14;309:19; 324:12;327:10;329:3, 9,12;339:17depend (11) 50:8;78:5;115:23; 129:5;141:21;157:1; 162:22;181:10; 190:14,16;309:6depending (4) 17:23;194:3; 296:20;338:14depends (6)

47:10;78:5;127:18; 128:14;162:22;165:7deposit (5) 104:9;241:1; 260:18;261:3,7deposited (1) 171:11depreciation (1) 294:24depth (1) 135:17Deputy (1) 26:22describe (5) 134:24;164:22; 269:6,17;274:20described (15) 68:23;111:11; 118:2;122:8,13; 125:2;150:23;157:9; 167:4;176:23;178:7; 181:16;188:13; 317:18;334:12describes (3) 176:19,19;177:5describing (15) 115:8;136:12; 141:19,22;151:17; 155:21;158:8;159:3, 10;164:3,10;181:11; 189:7;333:8;334:10designate (3) 35:10;127:22,23destination (7) 113:18;119:7,10, 12;237:6;258:4; 325:13destiny (1) 327:24destroy (1) 226:24detail (2) 152:13;337:21Determination (32) 8:10;35:14,15,15; 47:1,22,23;52:16,19; 53:1,11;55:8,13,18, 23;56:24;57:4;84:17; 85:13;86:14,16,19; 320:19,20;321:9,10, 14,17,19,24;322:5; 325:5Determinations (3) 320:7;321:3;327:16determine (10) 139:6;219:23; 224:1;298:16,22; 299:6,9,12,16;329:4determined (7) 52:24;55:16;56:22; 82:9;84:21;120:16; 132:4determining (3)

Min-U-Script® Doris O. Wong Associates, Inc. (8) customer's - determining



255:19;265:4,6detour (1) 115:13develop (1) 261:17developed (1) 301:9Development (1) 85:14develops (1) 100:3diabetic (1) 179:16diagram (3) 132:23;270:22; 275:16dial (1) 258:4dialed (3) 4:11;16:10;22:12dialing (1) 330:20Dianne (2) 45:2,11dictated (2) 259:15,16difference (13) 56:2;76:8;100:1; 102:5;108:11;121:18; 138:4;184:18;187:18; 211:24;222:12;306:9; 322:8different (48) 5:21;8:2,3,5;10:4; 11:3;24:10;28:7; 99:18,23;100:8,19; 101:2,3;102:3; 111:13;121:23;122:8, 14;125:24;127:24; 135:16;143:5;157:9, 11,17;158:9;170:13, 22;171:4,6,15;189:3; 205:23,24;207:17; 236:21;239:18;251:4; 274:1;279:8;293:11; 301:18;311:20; 312:12;313:9;335:7; 336:16differently (3) 178:15;234:6; 322:13difficult (2) 265:1,2difficulty (1) 64:14dime-size (1) 232:17diminish (1) 147:19direct (15) 11:1;34:19;113:20; 119:10,22;144:6,8; 171:11;241:1;248:1;

249:9;260:18;261:3, 6;333:18directed (7) 52:14;53:9;54:6; 87:18;244:1,11,20direction (1) 235:20directions (2) 235:19;237:22directly (7) 59:22;64:9;124:23; 213:24;261:7;325:13; 329:7Director (4) 35:9;36:19,21; 77:22Director's (1) 35:10directory (1) 4:11disagree (1) 321:5disagreement (1) 36:16disagrees (2) 36:17;37:15disclose (1) 298:24disconnect (9) 7:16;9:24;51:5; 63:19,21,22,23;195:4; 331:10disconnected (14) 10:14,19;51:9;64:6; 74:21;91:3,12;92:22, 24;93:18,23;199:16, 17;330:7discount (1) 286:2discounts (2) 257:1;313:18discourage (1) 163:12discourages (1) 162:8discrete (1) 174:20discretion (7) 255:22,23;265:3; 266:1;267:6;282:5; 305:5discussion (4) 245:5,17,23;264:14discussions (1) 245:4disk (1) 332:19disks (1) 332:20display (5) 113:14;125:10; 144:24;173:15;174:3displayed (1)

127:11displaying (1) 141:8displays (1) 335:13dispute (1) 41:22disqualified (3) 152:8,18,19disqualify (1) 151:20disrupt (1) 7:15disruption (1) 32:8disruptive (1) 195:17disrupts (2) 133:17;135:6distance (8) 72:16;73:11; 116:10;120:22; 137:23;138:2;169:15, 20distant (3) 72:22,23;73:24distinct (1) 325:17distinctive (1) 127:17District (4) 37:17;82:3,4;89:1divide (1) 211:18Division (3) 54:16;82:12;290:10Docket (8) 4:3;8:5;30:14; 33:10;34:12;51:23; 55:1;89:2doctor's (1) 59:6document (61) 14:13;21:19;24:13; 52:10;53:8,12,23; 54:10,19;56:2;65:2; 66:17,18;79:12; 80:21;81:15,20;82:6, 13;83:14;84:1,10,11; 85:19;86:2,6;87:20, 22;88:18;89:23; 102:16;122:23; 130:15,24;133:7; 151:18;176:12,16,18; 177:5,16;178:7; 186:5;200:24;201:8, 10,11,15,18,20,22; 242:4;244:7;270:21; 271:14,15;282:20; 284:2;287:19;309:21; 333:11documentation (6) 34:1,4;36:13;65:20;

105:5;111:5documentations (1) 314:15documents (140) 8:13;33:23,24;34:6; 42:19;45:13,17; 51:12,21;52:5,11; 54:20;55:2,3;56:10; 63:3,7,10;64:9,12,14, 17,18;65:5,12,17,23, 24;66:21;67:2,4,15, 17,18,19,20,24;68:2, 15,18,20,22;69:2,11, 15;70:8,15,22;71:19, 20,22;72:1,14;74:13, 15,16;76:1,10,11; 77:13;79:2,8,11,14; 80:6,8;81:8,10,16; 83:1,7;84:23;85:5,7; 87:2,12;88:12,16; 89:13,15,16,19,22; 90:6,16,21,23;91:19, 22;92:4,7;93:7;94:6, 7,12,16,21;95:2,4,9; 96:3,11,18;97:1; 99:19;100:8;101:16; 103:12,18;105:12; 117:21;120:1;121:14; 125:5;130:21;131:7; 132:15,20;133:5,5,21; 138:13;139:13;176:4; 178:5;201:3;211:5; 218:6,7;225:6; 226:13;231:19;235:9; 242:5;261:22;280:21; 287:14,17;309:4,19d'oeuvres (2) 126:24;127:3dollar (6) 182:4;228:1;233:5; 260:1,2;316:14dollars (4) 139:15;153:15,23; 232:22done (20) 23:9;31:18;124:19; 136:4;148:15;175:22; 178:17;204:3;208:1; 209:8;228:22;231:22; 234:22,24;235:10; 239:22;247:16;254:1; 292:20;329:8door (17) 131:9,21,23;232:8, 12,15,17;252:11; 270:1,3,3,4;275:3,5; 298:21;307:8,13doors (2) 122:11;252:14DOR (1) 329:10double (5) 20:8;198:12;

202:14,20;217:21double-check (2) 27:10;87:19Douglas (2) 82:4;88:6down (33) 12:21;37:9;40:23; 62:9,12;63:7;91:11; 98:14;113:23;115:5; 141:2;155:13;173:22; 184:1,2;214:21; 215:18;216:6,8; 217:1;218:2,23; 219:15;226:4;231:7; 246:11;285:2;300:23; 317:6,8,10,11;332:23download (12) 103:21;104:14; 106:22;141:6,16; 204:21;209:19,20; 210:8;295:12,19; 332:19downloaded (2) 109:4;295:9downtown (4) 40:24;211:20; 212:12;274:24dozen (2) 210:11;232:1dozens (2) 337:10,10Drastically (1) 278:6draw (2) 36:8;270:22Drenea (5) 44:24;45:12;69:10; 72:3;75:23dress (7) 127:8;204:12; 251:13;261:23; 262:10,15,22dressed (2) 298:5,7dressing (1) 262:3dress-up (1) 251:12drift (1) 224:3drink (1) 192:10Drive (26) 46:10;122:19; 123:8;124:16,17; 130:19;142:10; 167:16;168:7,17; 173:7;174:15,15; 181:7,23;182:1; 202:22;215:23;236:4; 279:8;318:19;319:9, 10;325:20;338:6,9driven (2)

Min-U-Script® Doris O. Wong Associates, Inc. (9) detour - driven



118:9;180:12driver (228) 53:1;55:17;83:2,17; 84:2;85:15;100:5; 103:7;104:5,7;107:5; 109:6,12,14;113:9,10, 21,24;114:13,20,21; 115:1,3,4,19;116:8,9, 22;117:2,15,18,20; 118:9,16,22,24;119:2, 3,11,13,19,22,23; 120:6,13,14,24;121:3, 6,8,16;122:24;123:2, 14,16,23;124:2,3,11, 14;125:6,7,13,19,21; 126:8,10,11,16;127:1, 8,21;128:1,6,19,23; 129:1,23;131:2,2; 133:9,17;134:13; 135:14;136:12;138:9, 11;139:11,18;140:16; 141:11;142:15; 145:15,22;146:1,6,7, 9,12,15,18;148:24; 149:2,22,24;150:2,6, 9,13,16;151:4,18,20; 153:6;154:10;157:21; 158:20;159:14,20,21; 160:2;161:4,7,9; 162:12,13,23;163:5,7, 21,24;166:11,13,15, 15;167:5,5,12,16,21, 23,24;168:4,12;169:5, 5,6;170:12;171:3; 172:12,22;173:1,4,14; 174:2,12;176:9; 181:6,8,21;182:11,17, 17,21;184:24;185:4,5, 7;186:11,23;187:23; 188:19;189:1,5; 190:4,13;191:5,9,21, 22;192:13,19;193:7; 203:16;206:4,5; 210:1;212:9;215:11; 221:18;228:4;234:4, 11;249:19,21,23; 252:10;257:10;258:1; 260:4,6;267:10; 280:10,12,14;281:22; 283:2,9,16;307:2,4,6, 13;310:23;311:10; 313:8;314:5,6,7,8,19; 325:2;334:11,13; 335:19;337:8;338:5, 12drivers (132) 108:16;120:2; 122:17;123:9,10; 129:20;132:16,24; 133:3;135:1,11; 136:9;137:1,11,19; 139:14,17,24;140:21; 142:10,14;143:16,20,

24;144:10,24;145:15; 147:1;149:12,16; 150:24;151:9;153:16; 154:3,5,5,6,19; 155:17,18,22;156:8, 15,22,23;157:5,7; 159:6;161:6,19,23; 162:3,8,20;163:12,16, 17;164:5,12,21,24; 165:9,15,19;166:7,23; 167:19,23;168:7; 170:6,24;171:5,9,18; 172:7;173:6,10; 174:12;177:6,8,14,15, 22;178:5,10;180:20; 182:3;184:6,19,20; 185:10,21;187:8,21; 188:2;191:13,18; 192:6;202:9;205:19, 24;206:2;212:15,22; 214:24;215:3,4,6; 221:1,12,16,18,21; 234:5;263:9,24; 264:6;267:13;281:24; 286:11;298:6;301:15; 323:24;324:1,20,24; 325:19;326:4,24; 327:1,6;338:14driver's (18) 103:13;121:5; 128:11,12,15,17; 129:11;130:22; 150:11,21;162:1,19; 163:10;167:7;172:12; 190:24;191:3;212:8drives (1) 168:4driving (48) 85:3;121:6;124:19; 128:7;140:24;141:1; 146:22;151:5;154:20; 155:24;168:21; 173:14;202:19; 209:16;210:15;215:5; 216:24;217:12;219:3; 220:14,16;224:7; 227:3,6;230:3; 234:19;235:16,18; 236:24;245:6,13; 247:22;250:20;251:2; 256:3,11,14;260:17; 266:17;275:9;277:3, 9;299:17;300:11; 307:13;317:2,5; 318:17drop (5) 113:3;155:18,23; 221:3,3drop-down (4) 270:15;275:10; 284:9,10dropped (6) 113:5;214:14;

218:2;234:18;266:14; 275:1dropping (2) 274:22;307:17drove (11) 180:9;202:8; 211:13;221:5,5; 261:14;306:15;311:1; 312:18;315:3;319:13drunk (1) 238:4due (5) 152:9;180:20,24; 325:22;326:23Duhr (1) 86:22duplicate (1) 87:1duplicates (2) 65:18;87:13duplication (1) 80:10duplicative (1) 65:23duration (1) 131:5during (23) 35:18,19;47:5;96:4, 12;104:20;171:22; 173:9;182:24;183:5, 17;187:16;246:13; 258:10;259:10;292:3; 298:11;302:4;305:6, 7,10,12;328:6

E

earlier (12) 17:14;82:14;83:14; 104:1;114:8;161:22; 167:18;209:13; 243:11;269:5;312:14; 339:23Earn (3) 83:21;279:15;291:5earned (3) 185:18;211:6; 292:11Earnings (6) 84:3;85:14,15;87:3; 142:12;184:2ease (1) 309:9easiest (2) 140:5,18easily (2) 74:14;85:23easy (3) 140:15;264:22,24eat (1) 179:16Economic (8) 30:12;44:23;89:5;

290:9,15;292:14; 329:9,12economics (2) 142:5,6ed (1) 87:9education (1) 326:12educational (4) 150:1,3,6;250:16effect (13) 47:7;98:11;139:8; 142:11;156:1;183:4, 12;189:18,21;192:14; 212:6;267:12,18effective (1) 52:16effectively (6) 103:9;104:9; 106:11;108:11; 120:21;137:15efficiency (1) 18:16efficient (6) 120:4;172:23; 173:1;177:8;285:20; 286:3eight (1) 209:13either (21) 11:22;35:14;45:24; 46:1;60:14;73:13; 79:10;84:6;92:5; 103:2;104:24;119:9; 136:22;172:3;188:1; 200:15;201:13; 221:17;297:13; 324:22;330:14elaborate (2) 110:2,3elapsed (1) 37:11electronic (2) 333:10,22electronically (3) 69:2;102:18;168:6eligible (4) 106:21;128:9; 159:17;160:4eliminates (1) 121:12else (36) 11:23;13:1,3;24:17; 25:8;31:16;59:17; 61:20,21;63:20;74:5; 77:6;87:1;92:12; 112:2;114:5,15; 123:24;124:20; 130:20;140:16; 141:10;167:16; 168:17;195:11; 196:14;209:20;226:2; 228:12;235:3;237:4;

287:7;293:14;321:5; 325:9;328:4elsewhere (2) 72:16;100:17e-mail (45) 26:24;69:6,9,14,17; 71:4;74:8,24;75:16, 21,22;76:16;83:20; 84:14;89:7;110:21; 147:4;154:10;157:15, 17;158:13,17,20; 159:7;165:24;184:8; 201:11,13;202:12; 204:6;216:13,14; 223:20;240:5;257:24; 264:9;282:9,13,16,21; 284:21,24;285:14; 302:8;308:11e-mailed (2) 271:10;275:23e-mailing (2) 72:4;229:4e-mails (23) 77:13;83:21;87:10; 135:14;156:8,15; 210:17;212:7;239:20; 244:18,20;256:4,9; 257:8;276:2;278:20, 22;279:7,13;283:1; 287:5,11;312:13employee (32) 8:9;39:22,23;47:2, 11,19,22;48:19;50:5; 52:19;53:1;55:18; 56:23;82:16,18,20,21, 23;84:22;86:14,16; 99:1,5;169:6;245:7; 246:1;247:23;250:5; 293:2;310:10;315:9; 321:22employees (13) 54:17;122:24; 123:2;144:1;152:8, 18;269:2;272:22; 273:9,13,23;320:17; 323:16employee's (1) 87:5employer (3) 44:14;84:20;267:24Employment (9) 29:16;33:17;55:8; 85:13,15;86:23; 152:9;225:15;259:17encompass (1) 134:20encountered (1) 164:2encourage (2) 108:13;140:2encouraged (1) 110:11encouraging (5)

Min-U-Script® Doris O. Wong Associates, Inc. (10) driver - encouraging



110:21;263:8,10; 279:8;282:13encrypted (1) 76:17encryption (1) 78:18end (28) 93:3;121:22;125:5; 140:23;154:3,4; 174:21;179:24; 194:13;202:17; 207:16;223:3,4; 236:18,20,21;238:7; 241:3;245:18,23; 260:24;265:1;284:6; 288:4,5;309:5; 329:23;331:4endeavor (1) 189:15ended (2) 174:20;261:1ending (1) 293:7enforcement (1) 257:18engage (1) 138:15engineer (1) 138:6English (1) 283:17enlarge (1) 205:15enough (3) 140:21;142:12; 184:7ensure (7) 168:20,23;178:9; 191:15,18,20,21enter (3) 9:4;119:9;237:16entered (1) 113:18entire (5) 66:24;258:13; 315:2;316:15;322:16entirely (2) 61:22;113:8entirety (1) 193:1entities (1) 100:1entitled (4) 63:2,3;242:17; 244:3entity (1) 100:3environment (1) 193:11episodes (1) 264:18equally (1) 137:20

equipment (1) 145:14Eric (4) 24:18;25:5,14; 45:22error (5) 74:24;220:17,18; 224:7,20Especially (1) 238:3essays (1) 142:7essentially (5) 117:22;134:6; 137:19;155:18;243:4establish (2) 104:1;287:4estimate (2) 232:21;285:20estimated (1) 116:21et (10) 83:18;84:15; 105:13;130:22; 143:12;167:8;176:6; 187:2;210:24;242:23evade (1) 303:5evaluate (1) 160:9evaluations (2) 147:1,3Eve (1) 188:5even (25) 47:9;79:22;82:22; 98:5;103:5;110:3; 111:18;114:9;144:20; 167:22;177:21; 181:22;214:17; 225:21;231:21;265:8; 268:8;269:3;273:8, 23;276:1;323:3; 325:6,23;335:10evening (1) 277:7event (2) 37:10;281:21events (4) 220:7;256:20; 273:16;274:14eventually (2) 47:21;265:15everybody (24) 6:14;21:23;22:20; 24:5;29:5;30:8;32:19; 33:7;36:12;38:24; 71:22;74:4,21;77:19; 79:7,14;195:2; 196:13;209:2;217:4; 219:2;223:20;226:12; 300:19everyone (6)

22:8;31:12;32:3,3; 168:20;195:7Everyone's (3) 83:2;149:1;176:9evidence (29) 12:18,19;34:14; 35:3,12;36:7;47:20; 49:12,18;50:2,7,9; 57:5,16;71:21;78:7; 95:3;96:4,14,19; 97:16,23;98:8; 286:22;287:20;335:1; 339:2,5,8evidently (2) 86:24;272:16Ewers (49) 8:2,11,16;14:16,17, 23;15:10,23;20:1; 29:6,10,13,14,19; 30:1,4,15;31:19; 33:21;38:1,3;40:4,9, 13,13;41:11;46:8,12; 48:7;49:21;50:11,14; 51:2,7,9,16;52:18,21; 54:6;57:2;63:22; 71:11;72:18;76:2; 320:7,15;321:16; 322:10;329:4Ewers' (3) 51:12,24;56:17E-w-e-r-s (1) 40:15exact (7) 115:24;120:20; 136:11;149:14; 200:18;246:5;297:14exactly (22) 25:15;33:14;93:24; 101:8;103:1;108:4, 11;113:11;134:24; 138:2;142:1;143:7; 157:10;177:16; 187:14;200:10; 239:21;244:2;284:18; 294:11;311:4;337:15examination (15) 34:19;98:19;144:8; 148:21;180:6;200:2; 249:9;288:1;309:14; 316:2;320:4;329:1; 332:2;333:18;334:7example (30) 83:21;112:23; 115:9;124:7;132:22; 136:15,16;142:23; 157:12;158:15;182:4; 185:6;187:13,20; 190:20;192:1;193:2, 3;195:15,17;211:19; 212:11;235:14; 278:21;279:12;282:9; 284:14;286:9;305:18; 314:2

examples (1) 266:6exceed (2) 305:14,15exceeds (1) 139:3except (5) 58:7;145:15,17; 227:9;326:18exception (2) 100:18;258:14exceptions (6) 36:18,20,24;37:1,2; 68:18excerpts (1) 279:19exchange (4) 26:24;136:14,15; 285:14excluded (1) 132:2exclusively (1) 263:16Excuse (5) 56:3;85:9;199:1; 314:21;324:4executed (1) 102:14exempted (1) 129:15exert (1) 226:24Exhibit (38) 53:8;80:13;81:11, 12,14;85:11,19;89:20, 21,23;90:4;91:23; 92:1,2,5,9;95:4; 96:19;132:21;176:3, 12;185:24;279:20; 280:8;281:9,21; 282:8,12,18;284:1,19; 285:13;286:8;287:15, 19;335:3,3,17exhibits (13) 89:16;90:24;94:7, 12,17,21;95:2,11; 175:24;278:9;286:21; 335:4,17exist (1) 136:7existed (1) 225:13existing (1) 189:16exists (2) 129:12;139:22exit (2) 119:12;270:1exited (1) 131:22expanding (1) 217:8expect (7)

126:23;177:7,13; 193:10;200:23;244:3; 279:9expectations (1) 122:14expected (10) 112:5,22;114:14; 126:3;137:1,7;162:4; 178:13;183:16;244:2expecting (5) 48:12;122:9,10,11; 178:1expects (4) 168:24;177:6,14,22expenses (2) 242:22;294:14expensive (2) 101:7,7experience (23) 133:17,18;150:8, 13,15,19;162:12; 166:1,17,20;167:2; 177:18;178:1,13,14, 16;180:23;192:16; 220:21;250:5,13; 301:20;302:4experiments (1) 140:9expert (2) 136:17;142:6expiration (1) 130:8expire (1) 110:7expired (1) 130:22expires (1) 138:10expiring (1) 130:7explain (17) 56:18;63:16;97:16; 140:18;187:5;192:21; 223:12;241:12; 266:13,24;267:21; 303:7,10,12;312:1,3; 329:13explained (2) 56:16;298:19explaining (3) 151:23;158:11; 185:11explanation (6) 48:8;240:24; 290:22;303:13; 308:16;332:24explicitly (1) 123:5express (2) 171:23;184:5expressed (3) 172:3,5;287:1extend (1)

Min-U-Script® Doris O. Wong Associates, Inc. (11) encrypted - extend



320:11Extension (7) 9:20,21;15:17,18; 26:20;27:13;330:4extensive (2) 34:1;333:6extent (4) 138:6;152:13; 177:24;274:1external (1) 190:17extra (1) 73:21extremely (1) 195:16

F

facilitates (1) 133:23facilitating (1) 134:12facilities (1) 145:9fact (35) 33:13;35:10,20,24; 36:6;37:14;41:6,9; 47:16,22;59:13; 60:12,15;72:23; 78:11;97:18;98:5; 111:17;138:13;180:8; 202:16;203:4;207:24; 211:4;214:11,24; 222:14;280:23; 317:23;318:2;325:17, 22;326:23;328:4; 340:13factor (2) 169:24;209:15factors (5) 78:6,8;208:17,23; 327:9facts (3) 77:9;82:8;209:17fair (7) 34:3;54:18;82:14, 18;106:15;152:2; 266:7Fairlane (1) 122:18fairly (5) 111:10;147:14; 217:12;309:4,5fall (2) 157:7;158:6fallen (2) 157:18,24falling (1) 157:15familiar (7) 26:6;74:14;127:20; 152:13;157:10; 192:24;281:12

far (19) 12:20;13:20;19:10, 15;24:6;32:19;92:11; 112:12;114:2;149:20; 235:1;247:16;307:5, 6;320:9;322:8; 323:21;324:14; 339:20fare (26) 120:19;121:2; 170:15;172:4,5,10; 181:19,19;182:1,3,7, 9;183:13,15,23; 184:15,22;219:13; 259:24;260:1,1,2; 285:17,21;306:17; 325:9Fares (20) 83:22;139:21; 170:10;171:12,20,21; 183:5;184:17;187:16; 208:19,20;217:24; 256:20,21;259:16,23; 279:16;283:8;306:14; 311:24fast (2) 198:3;295:24faster (1) 240:15fault (5) 307:3,6,7,10,15fax (1) 69:2FCRA (9) 106:11,14;152:1,7, 13,16,18,21,23fear (1) 267:14fears (1) 208:9feature (1) 138:14features (1) 164:11February (3) 223:5;246:7;317:3federal (6) 105:24;106:15; 152:1;185:18;293:5; 312:19Fee (47) 81:12;104:10; 117:9,13,19,20,22; 118:1,12,13,19,20; 120:18;121:4;125:14, 17;129:19,20,21; 142:12;146:5;169:17; 170:17;172:4,6; 181:4,4,15,24;182:5; 189:15,19;228:6,22; 229:5;231:4,6,12; 232:9,13,23;254:21; 264:21,23;265:4;

276:22;284:23feedback (7) 156:11,13,19; 283:3;299:22;300:1,2feel (15) 63:4;125:12; 163:18;164:16,17; 208:13;263:6,8; 265:3,24;268:5; 315:5,6;327:16; 338:17feeling (1) 220:2feels (3) 120:8;135:4;191:23fees (13) 170:22;171:12; 180:16,18;254:22,24; 255:15,20,21,24; 265:20;285:10; 314:16fell (1) 281:16felt (5) 48:8;165:5;229:9; 230:22;315:9Festival (3) 269:23;274:23; 307:19few (31) 9:1,17,19,22;14:21; 15:14;46:16;68:18; 71:17;74:12,16; 85:24;97:20;100:12; 118:9;138:3;193:6; 195:1;196:12;197:2, 11;198:23;223:19; 238:9;258:8;265:1,8; 277:5,23;288:11; 315:24fewer (1) 51:10figure (7) 60:1;63:8;218:3; 221:13;224:20,24; 231:19figured (5) 11:2;54:23;175:17; 224:16;321:18figuring (1) 47:14file (24) 24:1;36:17,18;37:1, 16;45:18;46:21; 51:12;52:4;55:3; 64:15;65:9;69:1; 79:18;80:1;85:20; 86:8;102:11;120:1; 121:15;186:22;201:1; 237:12;245:9filed (5) 46:21;52:22;55:11; 56:22;241:17

files (5) 33:23;52:8;64:24; 80:17;322:7Filing (4) 186:3;245:8; 247:16,18fill (7) 103:9,14;271:4,17, 17;301:4;317:20filled (3) 81:15;203:16;242:5final (5) 37:13,13,15;62:21; 77:22finance (2) 153:10;316:12financed (2) 316:13,16financing (3) 88:13,17;218:10Fincher (2) 27:7;45:21F-i-n-c-h-e-r (1) 27:5find (11) 8:10;92:13;119:5; 130:1;142:17;194:7; 203:7;218:9;290:19, 20;340:3finding (3) 50:4;85:14;97:17findings (11) 35:10,20,23;36:6, 10;98:5;321:6,20,24; 322:3;340:13finds (3) 108:22;163:6;234:3fine (25) 5:3;7:8;12:16; 19:12;26:6;30:7;38:6; 50:13,15;60:24; 61:15;63:23;67:13; 144:5;179:11,17,22; 180:1;194:13,20,22; 195:12;221:22;243:8; 331:14finish (3) 56:9;179:20;330:12finished (3) 9:9;15:4;34:23fire (1) 267:6firearm (1) 193:8firearms (2) 193:11,12fired (3) 247:14;266:15; 268:4firm (1) 42:21first (62) 4:8,16;8:1,20;16:5;

30:5;53:4,6;57:10; 58:3;59:9,9;73:1; 84:7;102:22,24; 104:14;109:17; 111:19;113:6;115:13; 116:18;137:21; 159:24;176:20; 186:11;190:5;202:22, 23;205:8,18;208:6; 210:6;217:5;220:1, 19,24;221:5;222:6; 223:10,12;229:1,11; 245:12,22,22;249:17; 272:9;281:20;285:3; 306:22;321:2,10; 332:12,22;334:16,18; 336:1,2,13;337:16; 338:12fit (1) 155:13five (19) 76:24;91:17;116:2; 117:10,14;118:1,8; 123:10;125:10,14; 157:13;158:14; 181:13;216:1;219:2; 248:8,9;254:20;300:4five-minute (1) 76:21five-star (4) 147:2,5,8;148:11fix (2) 156:23,24fixed (4) 120:21;121:10,13; 271:18flat (2) 169:17;181:8flavors (1) 100:9flip (9) 279:6,18;280:8,19; 281:9;282:8,18; 284:1;286:8flipping (1) 79:19Floor (2) 14:3;68:13Florida (82) 4:20;5:15;6:19; 9:12;10:10;12:3;14:5; 15:8;16:17;17:8;21:5; 23:2,21;24:24;28:1,4; 29:12;33:18;39:20, 22,24;42:13,20; 43:20;44:15,24;45:2, 3;46:11;52:8;58:15; 66:21;68:3,21;72:17; 80:6;83:6;84:1;86:7; 88:11,22;89:7,9,20; 90:11,13;91:11,23; 98:22;99:10,11; 128:15;129:6;133:6;

Min-U-Script® Doris O. Wong Associates, Inc. (12) Extension - Florida



141:2,6;142:16,20; 143:1;145:4,7,10,12; 149:13,17;155:4,4,11, 12;156:5,7;171:14; 177:3,21;178:5; 180:9,12;205:16; 279:5;322:19;324:5,8foam (1) 230:7folks (14) 6:11;10:4;20:14; 21:21;24:3;28:13; 29:3,24;30:9;31:24; 197:17;198:4;216:24; 309:10follow (5) 62:23;74:13; 184:10;218:23; 242:13followed (2) 212:18;294:3following (3) 213:18;277:20; 339:23follow-up (4) 144:2;157:17; 276:2;316:1fool (1) 234:5forced (2) 223:16;263:18Ford (1) 122:18forget (2) 181:17;197:24forgot (1) 239:1form (35) 38:6;54:7;87:4,16, 23;88:5;102:11; 103:10;121:19;139:1; 148:4;213:10;241:4, 10,13,16,20;242:3; 244:19,21;245:2; 269:12,17;271:17,18; 275:24;276:5,13,15; 278:2;293:21;303:2; 308:1;309:24;317:21formal (2) 24:14;41:19formalities (1) 36:19formally (3) 95:22;96:17;97:4format (1) 37:5formatted (1) 36:20forms (2) 151:17;277:16formula (2) 169:14,19Fort (1)

73:18forth (9) 83:23;84:14; 120:17;133:2;160:23; 210:4,9;239:21; 275:12fortunately (1) 24:2forward (6) 48:6;109:11; 195:20;198:24; 199:18;330:10forwarded (2) 15:2;109:20found (4) 8:8;115:21;229:13; 276:19four (7) 53:5;118:7;122:10; 127:23;206:24;239:3; 318:22four-door (1) 202:5fourth (2) 53:5;55:21frame (1) 108:4Francisco (3) 14:3;68:13;139:5free (7) 104:15;114:3; 115:4;144:17,21; 174:15;206:13frequency (2) 135:10;171:15Frequently (7) 88:17;185:15; 186:12;187:1;192:8; 213:9;244:22Friday (2) 67:6;183:6front (8) 54:12;85:23; 102:21;166:3;175:24; 294:1,13;316:9frugal (1) 325:7fuel (2) 146:12;294:15fulfill (1) 313:15full (12) 38:5;41:19;48:13; 205:12;225:22;256:1; 274:2;297:11;314:22; 315:1;330:16;337:10full-coverage (1) 234:1full-time (2) 235:2;246:20fully (2) 57:17;96:13function (1)

109:5funded (2) 129:19;146:5funding (2) 153:9;180:20funds (1) 129:21funny (1) 216:20further (34) 31:10;34:18;37:9, 12;45:7;60:16;61:23; 62:1;87:15,22;88:16; 89:17;96:8;143:23; 148:16;193:22; 197:19;198:24;227:1; 243:15;245:3;247:19; 277:21,22,24;308:17, 20;323:20;328:10,15; 331:12;334:1,4;338:2furthermore (1) 311:17future (1) 73:13

G

Gables (1) 42:20gain (2) 291:11,15gained (1) 291:18gallon (3) 230:22,23;314:1game (2) 267:3;268:3gas (6) 143:17;222:14; 223:18;242:22; 313:23,24gather (1) 307:24gave (22) 10:24;58:1;198:18; 201:7;202:20;215:16; 219:3;229:22;230:4; 231:3;232:13,22; 239:17;251:14,19; 253:8;265:15,21; 286:1,6;293:21;326:9geared (1) 251:3GEICO (5) 233:14,16,20; 234:3,9General (12) 24:21;39:19;98:21; 155:10,11,12;158:1, 17;160:24;164:15; 286:15;314:10generalized (1) 163:4

Generally (19) 18:8;63:4;116:5,8; 149:8;159:13;162:4, 16;169:16;170:14; 172:8,9;177:9;178:8; 181:2,5;191:7; 216:22;264:18generate (1) 289:17generation (1) 174:5generic (1) 213:9gentleman (1) 215:9geographical (1) 120:20German (1) 117:4gets (21) 45:8;57:4;103:4; 113:9,22;114:9; 117:16,20;118:10; 125:6,7,16,19,21; 127:3;137:21;147:7; 161:9;196:13;236:19; 238:10Gillman (7) 16:5,19;17:19; 19:14,17;32:15;42:18girls (1) 227:13given (26) 36:7;41:16;48:5; 49:5;50:7;96:2; 116:13,22;118:15; 161:5,20;165:14,14; 190:23;191:24;192:6; 247:8;255:10;264:12; 269:10;273:22; 287:17,18;308:15; 337:2;339:21gives (5) 188:7;242:18; 251:12;270:15; 312:14giving (8) 51:16;188:6;220:5; 278:20;285:12;303:1; 332:24;339:24goal (1) 108:13God (1) 259:1goes (13) 20:19;53:18;55:13; 77:22;111:16;125:24; 138:18;167:12;177:5; 216:4;236:14;310:20; 324:14Gold (1) 213:21Good (44)

10:7,16;11:14,24; 16:14;20:21,22; 26:14;50:17;58:2; 59:23;65:22;67:13; 76:14;88:23;93:20; 110:14;144:4;162:11, 14;164:4,9;166:19; 179:23;192:16; 215:13;216:19; 218:10;223:6;225:18, 22;226:22;230:22,22; 235:5;249:13,14,15, 15;257:10;272:3; 283:18;303:6;304:5Google (1) 238:5Gore (44) 13:6,16,18,22; 19:23;31:3;33:20; 34:10;39:6,11,14,14, 16,19,23;98:18,21; 144:10;148:19,23; 149:12;153:1;175:23; 178:17;179:7;180:4, 8;186:20;187:5; 193:18,21;196:16; 214:9;236:2;331:19, 19,20;332:1;333:16, 20;334:4,9;336:17; 338:22G-o-r-e (2) 13:7;39:15Gore's (2) 179:1,20gosh (2) 227:15;229:14government (2) 203:6;293:6GPS (11) 107:15;109:5; 119:23;136:14; 137:24;138:5,6; 236:16;237:13,24; 238:23GPS-enabled (1) 107:20grab (1) 322:15graded (1) 218:23grant (1) 60:10granted (1) 313:16grease (2) 230:23;231:14Great (20) 7:5;11:20;17:22; 20:10;26:13;27:17; 43:6;46:6,7;64:2; 70:10;79:1;196:18; 198:9;209:5;227:2; 248:17;249:2;274:7;

Min-U-Script® Doris O. Wong Associates, Inc. (13) foam - Great



331:21greet (1) 252:7greeting (3) 251:10;252:6,9gross (2) 172:2,3ground (1) 134:14grounds (2) 73:12;95:17groups (2) 217:18,19guarantee (13) 139:20;140:11,12, 14;183:13,16,21; 184:14;187:15,17; 305:19;306:1;328:4guaranteed (20) 83:22;139:15; 171:17;172:8,10; 182:23;183:4,8,9; 184:9;263:1,2;264:4, 8;282:10;305:1,2,21; 312:8;328:2guaranteeing (1) 171:21guarantees (6) 171:19;183:3,23; 184:5;311:20;328:5guard (1) 225:17guess (52) 10:2;11:22;14:16, 17,18;19:5;23:20; 42:18;53:10;54:2,2; 64:11;68:14,23; 71:18;73:12;80:1; 83:15,20;85:2;97:10; 100:12;104:5,18; 107:15;113:2;114:23; 117:17;118:5;121:9; 123:20;126:12; 138:14;142:2;146:3; 155:10;188:4;194:1, 17;199:4;208:20; 225:6;236:3;245:14; 246:22;252:9;259:7; 262:13;284:3;316:8; 318:22;337:9guidance (6) 300:16,18,20; 301:11,12,19guideline (1) 185:18guidelines (1) 313:3gum (7) 204:12;251:20; 252:2;298:11,13,14; 299:13gun (1) 193:5

guy (3) 124:19;216:20; 219:18guys (4) 57:22;62:13; 179:12;308:4

H

H&R (1) 242:6half (6) 82:22;99:8;207:13; 224:24;232:1;289:4halfway (2) 115:12;285:2Hall (3) 87:10;320:21;322:1Halloween (2) 210:21,23hand (1) 333:12handle (4) 18:7;50:24;165:15; 227:13handled (3) 62:11;72:14;124:18handling (1) 59:20hang (6) 9:9;15:5;49:17; 51:6;215:7;253:20hanging (1) 93:2happen (10) 114:8;120:8;123:4; 157:3,4,13;158:14; 214:20;221:20;336:3happened (16) 46:20;93:6;94:5; 109:1;132:10;156:4, 6;253:18;254:23; 269:21;270:5;274:21; 275:6,17;276:12; 307:23happening (5) 134:14;202:12; 212:4;220:15;267:14happenings (1) 133:19happens (11) 27:23;109:7; 113:21;114:19;115:2, 3;118:11;130:20; 227:19;330:23;336:5happy (5) 76:5;93:7;219:16; 224:18;230:16hard (2) 18:24;163:24hassle (1) 63:7head (2)

158:11;321:12headed (4) 53:12;81:11;87:23; 88:12headset (1) 13:12health (4) 226:18,22,24;278:6health-wise (1) 226:21hear (23) 5:10;6:15;14:19,23; 16:7;19:6,7;20:24; 29:19;30:5,8;31:4,23; 32:2,19;33:6;57:21; 91:15;216:16;249:4; 292:22;330:23,24heard (9) 192:14;216:22; 225:7;272:20;324:10; 327:14;330:6;331:9; 332:4HEARING (418) 4:2,6,6,14,19,23,24; 5:3,14,18,20,22,24; 6:2,5,10,12,18,21;7:1, 2,3,5,6,9,15,15;8:4, 18;9:11,14;10:9,13, 18,22;11:6,7,7,12,15, 16,20;12:2,5,15,17, 23;13:1,8,11,14,17, 19,24;14:1,9;15:7,11, 13;16:12,16,20,23; 17:3,7,10,22;18:8,11, 18,20,23;19:3,9,10, 13,15,18;20:10,13,20; 21:4,7,13,14,17; 22:14,19;23:1,5,6,7, 10,11,15,16,18,24; 24:23;25:2,11,15,21, 22,23;26:3,5,10,11, 13;27:6,14,17,20; 28:3,6,12,19,22;29:2, 8,11,15,17,18,21,22; 30:7,23;31:13;32:1,6, 23;33:2,9,11,19;35:2, 6,8,19;36:4;37:9,20, 23;38:1,4,11,17,20, 23;39:2,9,12,16,21; 40:3,7,11,16;41:15, 19,21;42:3,6,10,11, 15,16,23;43:6,11,14, 18,23;44:6,9,13,17, 20,21;45:6,16,23; 46:2,4,6,9,13,15; 47:20;48:6,23;49:5, 16,24;50:12,16;51:4, 8;52:1;56:4,8,20; 57:7,20,23;58:5,8,17; 59:1,8,10;60:3,21; 61:2,9,13,16;62:17, 20;63:18;64:4,8,21, 23;65:7,15,22;66:5,7,

12,16;67:1,12;68:1,7, 11;69:7,13;70:10,14, 20;71:16;72:6,9,12, 19,21;73:6,13,17; 74:6,11;75:17;76:6, 20,23;77:5,14,16,24; 78:4,10,14,17;79:1,6, 17;80:3;85:17,21; 89:24;90:15,20;91:5, 10,20;92:19,21;93:5, 11,14,16,22;94:4,20; 95:1,6,24;96:5,7,10, 22;97:6,13,14,15,21; 98:10,14,20;112:11; 113:10;144:5;147:13, 20;148:3,14,18; 163:7;176:1;178:18, 22;179:10,13;180:2; 186:19;187:3;190:9; 193:16,20,24;194:11, 16,21,23;195:10; 196:2,11,18,22;197:2, 7,10,15,23;198:1,8; 199:3,7,10,19;200:3; 242:12;248:2,7,11,17, 21;249:2;250:23; 253:20;255:8;263:1; 272:1,5,10,15,24; 273:5,18;274:7; 280:20;281:5;286:22, 23;287:9,13,21,24; 289:13;290:16,19; 302:1,21;303:20; 306:2,10,18;308:19, 24;309:6;315:21; 319:19,22;320:1,5,14; 328:12,14,19;329:18; 330:1,13,19;331:6,15, 21;332:3;333:14; 334:3;336:15;337:4, 16,22;338:21;339:1,4, 7,10,23;340:2,7,10, 16;341:1,5hearings (5) 8:3;30:13;32:7; 33:11;73:13hearsay (7) 97:15,17,20,22; 98:2,7,12heavily (4) 153:2,4,14,21heavy (1) 192:3held (1) 98:22helicopter (1) 240:2Hello (6) 4:18;21:2;29:10; 91:8;249:11;252:8hell's (1) 62:6help (5)

31:11;63:16;64:2; 281:23;304:11helped (1) 209:6helping (1) 220:5Herald (4) 6:7,24;197:21; 199:5herein (1) 80:23Here's (4) 236:10;244:13,15; 257:17Hey (5) 115:11;184:6; 210:17;230:12;240:5Hi (19) 4:19;5:14;6:18; 10:9,18;12:2;16:16; 17:6,7;21:4;23:1; 24:23;28:3;29:11; 78:23;92:18;272:5, 14;285:18high (11) 121:10;138:19; 139:24;140:21; 169:24;184:7;214:19; 216:8;268:10;297:17, 19Higher (10) 84:2;125:14; 126:12;170:20; 204:11;223:7;262:6, 9;312:20;319:15highest (1) 212:19highlighted (1) 300:22highly (2) 138:1;281:23himself (1) 124:15Hines (2) 81:13;88:3hire (1) 169:5hired (1) 181:6hires (1) 151:12hit (3) 270:3;275:5;297:1hits (1) 113:6Hmm (4) 10:13;32:19;273:1; 284:3hold (3) 132:1;179:19; 329:19holder (1) 145:20

Min-U-Script® Doris O. Wong Associates, Inc. (14) greet - holder



holding (2) 95:8,11holiday (9) 311:23;312:17,18, 19,19,21,23,23;313:1holidays (1) 312:21home (28) 112:17;131:12; 132:5;140:24,24; 141:1;175:5,9,13; 211:10;221:7;237:3; 238:6,6,7;271:13,20; 276:3,10;277:7,12; 308:6,7,8,10,12; 338:8,13homes (2) 226:10;307:22honest (1) 327:18honestly (2) 246:12;262:18Honor (8) 12:14;31:6;72:7,14; 90:1;334:2;339:3; 341:3hook (1) 117:8hope (7) 19:16;22:10;31:15; 32:19;78:20;248:22; 338:23hoped (1) 137:2hopefully (14) 8:18;24:15;74:7; 91:6;196:6;197:19; 199:19;215:13; 253:24;331:9;333:1; 337:23;340:19,23hoping (1) 219:14hors (2) 126:24;127:3hot (5) 126:23;127:3; 220:5,6;256:23Hour (23) 54:16;82:12;83:22; 139:15;140:15; 171:24;172:1;182:23; 183:5,7;184:12,13; 225:23;263:14;264:7; 278:7;279:16;283:8; 305:19;306:5,7; 328:6;339:21hourly (16) 140:3;171:17,24; 172:8,10;263:1,2,7, 11,18;264:5;279:10; 282:10;305:1;312:13, 14hours (26)

144:11;184:9; 211:16;215:23,24; 219:10,23,23;220:4, 18,20,23;221:23; 222:4,8,10;258:8,9, 11,16,19;259:2,5; 277:5,23;283:7house (6) 236:20;277:1; 317:20,24;318:3,7HOUSER (333) 4:2,5,14,19,20,23; 5:3,14,15,18;6:2,5,10, 18,19;7:1,5,9;9:11,12; 10:9,10,18,22,23; 11:7,12,16,20;12:2,3, 15;13:1,8,11,19,24; 14:9;15:7,8;16:12,16, 17,23,23;17:3,7,8,22; 18:8,11,18,23;19:3,9, 13,18;20:10,13,20; 21:4,5,13,17;22:14; 23:1,2,10,15,18,24; 24:23,24;25:11,15,22; 26:3,5,13;27:6,14,17, 20;28:3,4,12,19,22; 29:2,11,12,15,22; 30:7,10;31:13;32:6, 23;33:2,9;38:1,4,11, 17,20,23;39:12,16,21; 40:3,11,16;41:15; 42:6,10,15,23;43:6, 14,18,23;44:9,13,17, 20;45:6,16;46:6,13; 48:23;49:24;50:12, 16;51:4,8;56:4,8,20; 57:7,20,23;58:5,8,17; 59:1,8;60:3,21;61:2,9, 13,16;62:17;63:18; 64:4,21,23;65:7,15, 22;66:5,7,12,16;67:1, 12;68:1,7,11;69:7,13, 20;70:4,10,11,14,20; 71:16;72:6,9,21; 74:11,23;75:17;76:4, 6,19,20,23;77:5,14, 16,24;78:4,10,13,14, 17;79:1,6,17;80:3; 85:9,17;90:15,20; 91:2,5,10,20;92:19, 21;93:5,11,14,16,22; 94:4,19,20;95:1,6,24; 96:7,10,22;97:6,13; 98:20;144:5;147:13; 148:3,14,18;178:22; 179:10,13;180:2; 186:19;187:3;190:9; 193:16,20,24;194:11, 16,21,23;195:10; 196:2,11,18,22;197:2, 7,10,15;198:8;199:1, 3,7,10;200:3;242:12; 247:24;248:2,7,11,17,

21;249:2;253:20; 255:8;272:1,5,10,11, 15,24;273:5,18; 274:7;280:20;281:5; 286:19,23;287:9,13, 21,24;289:13;290:16, 19;302:1,21;303:20; 306:2,10,18;308:19, 23,24;315:21;319:19, 22;320:1,5;328:14, 19;329:18;330:1,2, 19;331:6,7,15,21; 332:3;333:14;334:3; 336:15;337:4,16,22; 338:21;339:1,4,7,10, 18;340:2,7,10H-o-u-s-e-r (2) 10:23;16:24human (1) 302:17humor (1) 304:5humorous (1) 304:10hundred (2) 90:5;121:10hundreds (3) 116:7;219:5,5hung (1) 215:8hurry (1) 207:18Hutton (63) 8:12,17;22:3,16,24, 24;23:7,8,13,17,19, 23;30:18;32:17,18,20, 21,21,24;33:21;38:17, 19;43:8,13,16,16,22; 55:10;56:3,4,5;57:6,9, 19,22,24;58:1,6,12, 19;59:1,4,19;60:7,13, 16,18;61:12,16;62:2; 63:16,18;64:1,6,10; 71:11;72:18;73:10, 10;76:2;320:13; 321:12;329:5H-u-t-t-o-n (1) 43:17Hutton's (4) 54:24;56:18;61:1,5hyphenated (1) 38:6hypothetical (1) 164:2

I

I-95 (1) 141:2icon (1) 205:5ID (3) 167:13,17;168:13

idea (8) 26:14;113:11,12; 121:20;179:6;298:12; 299:3;316:17ideal (1) 166:21identical (1) 33:14identification (9) 80:22;95:5;310:5, 11,12,16,20,24;323:8identified (5) 30:11;33:10;67:16; 311:10;323:14identifies (1) 20:14identify (17) 8:5;9:2;19:18;29:4; 33:23;34:5;51:11,13; 64:7,9;74:12;80:6,8; 87:15;278:15,17; 293:22identifying (8) 21:23;24:4;51:21; 52:7,12;66:17;81:3; 311:1idiosyncrasies (1) 164:15illegal (3) 203:4,8,12illegally (2) 270:2;307:14imagination (1) 301:16imagine (9) 123:15;136:20; 142:16;173:20; 177:20;188:5,10; 217:2;336:5immediately (8) 36:3;116:9;210:13, 14,14;229:15,15; 270:9impact (3) 266:23;267:9,11impatient (1) 275:4imply (1) 136:5Important (2) 88:11;331:18improve (1) 140:2improved (2) 126:20;160:10improvement (1) 281:22inactive (4) 105:1,2;108:10; 137:17inadvertently (1) 330:7incentive (3)

187:6,13,19incentives (2) 264:5;313:3inches (1) 138:3incident (9) 84:11;131:1,13; 265:22;270:6,21; 275:11,13;306:21incidents (2) 229:19;324:17include (7) 35:21;46:17; 103:10;130:2;132:15; 156:9,13included (2) 54:19;189:19includes (3) 118:20;120:18; 172:21including (10) 53:19;87:7;89:22; 105:12;177:8;185:21; 195:4;210:4,4;275:16Income (29) 54:8;185:23;187:7, 10;188:11;191:11; 219:16;241:17,21; 242:14;259:10;278:5; 290:14,23;291:3; 292:11,13,18;293:10, 14,15,16,17,19,23,24; 294:9;327:5;328:3inconvenienced (1) 59:7Incorporated (7) 39:24;53:17;84:12; 99:3,4;100:2;141:7incorrect (4) 8:11;16:10;22:12; 327:17incorrectly (2) 133:16;135:4increase (8) 110:21;126:6; 189:16,22;251:19; 262:2;304:6,11increasing (1) 304:20independent (29) 47:3,11,12;48:9,19; 50:7;54:5,17;55:14; 81:1,14;82:16;87:4; 88:4;126:16;144:1; 149:18;245:7,10; 246:1;247:23;293:2; 309:18,23;320:18; 321:23;322:22; 323:17;327:21independently (1) 302:11indexed (1) 52:2

Min-U-Script® Doris O. Wong Associates, Inc. (15) holding - indexed



indicate (8) 104:4;117:21; 125:5;132:24;236:4; 322:21;324:17; 333:10indicated (11) 27:2;134:9;218:7; 236:3;280:22;310:13; 322:17,18;323:6; 339:22;340:2indicates (1) 104:3indicating (7) 52:10,14,15;81:15; 84:18;89:6;94:6indication (4) 131:6;214:9; 251:12;287:15individual (3) 192:18;215:16; 216:11individualized (1) 162:18individually (1) 74:16individuals (5) 5:21;51:11;326:2, 10,22industry (1) 134:18inefficient (3) 239:7,8;240:7info (4) 251:19;271:13,14, 16informal (2) 40:20;147:15information (84) 14:6;36:6,21;52:23; 53:7;54:16;55:16,22; 65:1;68:9;69:5;76:5; 78:22;83:16;85:1; 86:18;87:2;103:11, 14,17;105:3;106:8, 11;107:2,4,7;116:13; 117:2;118:15;121:1; 128:24;131:15; 132:15;133:18; 135:10;136:15; 139:22;147:11;148:9; 152:5;167:10;168:18; 182:19;183:15,18; 186:8;199:8;201:7; 203:17,18;206:21; 242:15;244:12;251:1; 269:11;271:5,6,11; 275:16,18,24;276:4,6; 278:1;279:1;281:3; 285:5;301:8;302:9, 10;307:24;308:4,6; 317:20;318:8;323:15, 18;324:12;327:8,13; 329:11;331:10;337:5,

10informative (1) 216:21informed (3) 17:24;130:5;307:21informs (1) 137:3inherent (1) 164:11initial (8) 35:4;66:8;80:22; 88:1;228:14;245:1; 320:19;321:23initially (4) 72:10;205:8; 277:19;296:16in-person (5) 72:11;73:6,13,17; 74:5input (6) 49:19;147:7; 205:11;207:7;237:5, 16inquire (1) 218:17inquiring (1) 262:20inquiry (1) 329:4Inside (2) 270:15;309:18insignia (3) 173:16,18;174:3insists (1) 188:24inspected (1) 257:20install (6) 210:1;295:14,21; 296:19;297:2;315:12installed (3) 295:6;296:11,16instance (4) 165:20;256:5; 265:17;338:8instances (6) 97:20;137:3; 211:13;231:24;232:1; 311:20instead (5) 127:4;202:14; 247:13;261:5;306:13instruct (2) 242:10;254:9instructed (2) 165:19,23instructions (4) 178:4;252:17; 278:21;294:4instruments (1) 326:16insurance (45) 103:13;124:8;

128:23;129:2,3,13,14, 17,24;130:7,8,9,16; 143:21;146:16; 226:23;232:24;233:1, 4,9,11,12,13,19,20,21; 234:1,9,12;243:11,12; 269:12,17;275:20; 276:15,16,17,19; 278:2;308:1,3; 314:11;322:23; 325:23;326:1insurances (1) 232:10integral (4) 180:10,19,23;327:7intelligent (1) 75:2intend (1) 134:19interact (1) 136:13interactions (3) 243:24;252:18; 258:1interest (6) 297:12,16,17,17; 316:9,20interested (1) 110:24interesting (1) 215:17interests (1) 18:15interference (4) 31:9;32:8,10;79:20internal (1) 270:22internally (1) 105:13Internet (1) 295:9Interpretation (2) 54:14;82:13interpretations (1) 82:15interpreting (1) 133:15interrupt (8) 56:3;69:21;85:10; 242:8;251:18,22; 269:16;302:22interrupted (1) 236:1interrupting (1) 255:9Interstate (1) 141:2interviews (1) 246:24into (50) 8:4;30:23;31:17; 63:6;84:19;95:22; 97:5;103:4,23;

113:19;119:9,10; 120:10;127:5;131:9, 21,23;148:1;163:18, 24;164:6;172:14; 174:2;202:18;204:23; 215:19;219:11,14,18; 221:23;223:19;225:5, 10;234:5;236:14,19; 237:5;243:14;260:18; 263:16;270:3;273:19; 285:4;286:22;297:22; 299:18;302:24; 310:21;313:11; 338:12intricacy (1) 78:7inventive (1) 185:22invested (9) 153:2,4,14,21; 218:4;219:14;297:20, 22;300:24investigate (1) 329:11investigated (2) 46:24;131:3investigation (4) 84:19;89:6;131:5; 277:5investing (1) 223:8investment (1) 153:17invoice (1) 285:17involve (2) 41:19;135:7involved (6) 131:12;134:13; 167:2;320:6,9,16involvement (3) 56:17,18;320:11involving (14) 5:1,20;6:22;9:15; 12:6;16:20;23:6; 25:12;28:7;33:24; 73:15;269:19;270:12; 274:17iPhone (11) 107:21;111:13; 295:4,7,15;323:23; 334:19;335:11,14,16; 337:9irrelevant (3) 90:7,14;92:6IRS (1) 242:20issuance (1) 320:7issue (14) 33:15;35:7,17; 36:14;37:13;48:18; 51:20;135:6;143:24;

156:24;172:11; 247:20;328:12; 340:19issued (5) 46:24;84:17;165:6, 10;322:5issues (8) 134:8,10;164:20, 22;213:14;226:20; 257:19;276:17issuing (3) 36:2;51:15;340:17Item (2) 310:4;311:18items (1) 50:20iTunes (3) 204:23;206:12; 210:5

J

Jackson (21) 4:5,20;5:15;6:19; 9:11;10:10,22;12:3; 15:7;16:17,23;17:8; 21:5;23:2;24:24;28:4; 29:12;30:10;272:10; 330:2;331:6Jacksonville (2) 73:11;100:18January (12) 53:2,3;202:10,17; 217:24;221:15; 222:23,24;223:4; 246:7;259:16;317:3Jessica (1) 7:20job (7) 50:18;226:19; 258:1;266:22;312:15, 16;326:11Jobs (4) 151:1;286:15,17; 311:19joined (30) 5:21;6:22;8:8,11; 9:16;20:1;22:3;25:3, 12;28:7;30:15,16,18, 20;31:5,20;32:18; 33:16;56:21;84:14; 85:6;89:15,23;90:17; 92:1,4;94:9;95:10; 102:2;339:5joins (1) 146:6jokes (3) 216:20;304:6,14judge (1) 132:23judgment (4) 82:3,8;88:6;132:22Julia (1)

Min-U-Script® Doris O. Wong Associates, Inc. (16) indicate - Julia



81:13July (12) 54:14;55:19,19; 84:10;284:3,3; 289:18,19;291:18,23; 292:3,23jump (2) 144:6;336:15June (15) 48:13;52:6,13,15, 18;53:3;55:7;66:8,22, 23;68:3;86:6,11,13; 189:8jurisdiction (3) 127:19;128:14; 129:6jurisdictions (1) 128:15Justin (1) 86:22

K

Kai (1) 84:15keep (19) 7:13;12:16;36:9; 82:7;97:13;147:18; 154:19;155:1,24; 161:24;198:10; 199:22;230:9;249:16; 253:4;265:19;268:10; 302:23;309:16keeping (2) 63:13;226:23Kendall (1) 217:8kept (3) 221:9;267:22; 283:22key (2) 329:23;331:4keyboard (2) 31:8,15kicked (1) 125:22kicker (1) 210:21kid (1) 307:12kids (2) 220:9;225:3kind (48) 47:6;53:20;56:20; 57:17;74:20;80:4; 83:8;101:4;107:18; 108:6;122:1,8;123:5, 12;126:17;127:10,24; 134:17;140:1;160:23; 162:16;184:14;191:4; 204:12;208:4;216:16; 220:2;224:2;226:5; 227:15;229:9;236:2;

238:4;241:13;244:11; 246:21;250:1;255:5; 261:17;262:6;267:18; 270:24;299:6;312:8; 321:1,19;327:5; 331:18Kindle (1) 135:19kinds (5) 100:10;192:15; 234:20;243:17; 256:16knack (1) 213:11knew (10) 208:12;209:12; 215:24;216:20; 225:12,13;232:24; 239:10;283:12;319:7knowing (3) 220:3;267:16;268:3knowledge (7) 111:9;119:24; 132:8;133:4;152:23; 302:16;332:10known (2) 11:13;286:7knows (2) 74:21;147:21Kramer (1) 32:5

L

labeled (1) 186:7Labor (9) 54:15,18;67:7; 81:22;82:12,14,18; 286:15,17lady (1) 229:2Lafayette (1) 45:1large (2) 80:1;208:19larger (1) 101:12last (30) 27:4;34:2;40:13,14; 43:17;58:13;62:5; 91:15;185:7;200:13; 214:14;215:24;217:7, 7,11;229:12;230:12; 245:14;247:17;265:1, 7,13;272:19,20,21; 283:5;293:7,18; 330:24;331:13last-minute (1) 14:12late (1) 278:8later (11)

24:2;49:11;64:3; 118:7;200:8;219:21; 239:4;277:23;288:11, 11;318:15Lauderdale (1) 73:19Laughter (1) 77:3law (13) 35:11,13,20;62:10; 82:20,23;98:6; 127:12;145:3;193:3; 242:24;257:18; 340:13lawcom (1) 75:3laws (3) 127:19;133:14; 134:20Lawtey (2) 23:21;43:20lawyer (6) 58:3,3,7;59:20; 62:16;152:12lead (12) 35:13;148:5; 162:11;166:1;174:5; 212:15;320:9,22,24; 321:7;323:18;324:6leading (3) 147:18;148:1; 317:17learn (4) 202:21;208:4; 220:11;281:23learned (5) 203:9;209:1; 220:10;221:11;224:9learning (3) 220:16;221:10; 301:18lease (2) 103:22;145:16leasing (2) 108:14;315:16least (30) 27:8;32:11;36:4; 49:7;78:21;80:5;88:1; 92:3;96:18;114:15; 117:12;122:4;137:1; 150:10;162:4;168:11; 184:11,12;208:20,22; 210:23;218:8;223:1; 247:15;258:21; 263:12,13;279:22; 306:5,7leave (14) 11:1;34:2;49:23; 57:13,14;58:24;77:8; 93:1;115:10;189:22; 192:17;228:18; 329:22;331:3led (8)

106:12;156:24; 269:7;273:5,16; 274:15;306:21; 323:15left (9) 156:14,20;176:8; 186:16,23;200:15; 211:14,17;236:17legal (12) 23:13;40:19,20; 41:2;53:15;71:20; 80:24;86:22;97:2,7; 147:16;294:11legitimate (1) 242:12lend (2) 123:20,23length (4) 68:10;99:6;266:7; 326:20lenient (1) 147:14Leonard (1) 320:21less (16) 48:4;110:3;118:8; 125:19;172:4;181:13; 182:8;191:6,10; 205:17;222:11; 231:16;265:21; 305:21;313:20;333:7letter (27) 52:6,13,15,17;53:9, 11;55:2,6;62:14; 64:24;65:16,19;66:8; 68:2;80:13;81:13,19; 85:18;86:6,13,13,20; 88:2,20;89:5;106:10; 151:23letters (2) 244:21;245:2letting (3) 220:5;256:19;279:9level (3) 178:10;305:14; 313:21levels (2) 129:7;313:13liability (8) 233:22;314:11; 322:23;323:1;326:1, 4,7,8libras (1) 75:3License (23) 53:14;55:24; 103:13;116:20; 128:11,12,16,17,20; 129:23;130:4,22; 150:11,21;167:8; 168:1;169:8;174:14; 180:16;314:15;323:3; 325:18,19

licensed (2) 100:4;225:17licensing (1) 332:6Lichten (1) 43:2liked (1) 216:22likely (8) 4:15;127:18;132:4; 179:7;183:19;336:3; 338:6,13Likewise (2) 122:13;193:11limited (2) 79:4;104:18limiting (2) 288:18,23limits (1) 36:23limo (3) 150:13;249:21; 251:11limousine (2) 100:23;123:7line (56) 6:14;7:10,12;14:21, 21;18:1;19:19,20,22, 24;20:21;21:10,22; 24:4,5;28:13;29:3,24; 30:9,19,24;31:20,20, 22,22;32:12,14,15,17; 41:12,21;57:22; 74:20;77:8;79:21; 93:17;94:1;176:8,8; 195:2,7;196:15,23; 197:8,18,20;198:4; 239:24;240:13,15; 255:10,12;272:6; 273:6;310:4;311:17lines (1) 77:8link (9) 204:21;209:19,24; 210:14;213:9;270:20; 311:7,15;334:20links (2) 204:6;244:21liquor (1) 227:14lis (1) 71:7l-i-s (1) 71:7Lisa (1) 75:1Liss-Riordan (138) 17:16;18:16;20:4; 21:2,3,9,12,16;31:22, 23;32:2;38:5,9,10,13, 15;42:24;43:3,5; 56:14,15;57:1;58:19; 59:3,16;60:8,11,14,

Min-U-Script® Doris O. Wong Associates, Inc. (17) July - Liss-Riordan



19;61:20;63:15; 65:10;66:1,3,6,10,14; 67:9;69:20;70:4,5,21; 71:2,4,8,10,13,15; 72:2;73:1;74:2;75:4, 8,11,13;77:11;78:15, 16;81:18;85:9,11; 86:3;91:8,9,10,17; 93:12,13;95:7,14,15; 96:6,9,17,20,23; 97:12;148:19,20,22; 178:18;179:23; 193:21,22;194:12,13; 195:5;196:20,21; 199:1;242:8,9; 247:24;248:4,9,13,15; 249:6,8,10;253:21; 254:3,5;255:14,16,17; 271:22;272:17;273:3, 10,12,19;274:5,10,11; 280:21;281:6,7,8; 286:19;301:23; 315:22,24;316:3; 328:15,17;334:3,6,8; 336:18;337:23;338:3, 20;339:4,6,14,18; 341:4list (12) 70:19;85:2;130:18, 24;132:1;151:1,2; 286:9,11,14,15,16listed (7) 8:16;15:21,23; 33:18;42:17;46:14; 65:9listen (4) 7:14;18:1;56:5; 323:23listening (8) 29:4;30:22;32:4; 196:6;197:23;198:22; 323:22;330:12listing (1) 23:19literally (6) 20:11;221:2,5,6; 237:7,10literature (1) 110:13little (47) 13:13;16:2;28:14; 29:23;31:10;37:8; 40:17;64:13;70:7; 80:5;110:3;117:11; 132:23;135:16; 149:21;154:1;161:22; 164:18;179:19; 180:22;192:21;194:6; 195:6,13;197:16; 198:15;199:17; 219:21;243:10; 249:16;250:18,23; 255:10;257:11;

258:15;269:5;273:1; 284:9;309:1,11,22; 312:1;317:4,13; 321:2;335:10;340:22Littler (6) 8:21;10:7,16;14:4; 39:4;272:3l-i-t-t-l-e-r (1) 69:19littlercom (1) 75:19live (1) 203:22ll (1) 75:2LLC (39) 5:1,21;6:22;8:7,20; 9:15;11:13;12:6;14:3; 16:20;17:11;21:8; 23:6;25:3;28:7;30:15, 16,18;39:3,18;46:23; 50:5;52:14;56:23; 68:12;84:23;87:18; 88:19;99:3,24;100:4; 101:19;106:6;112:12; 121:15,19;128:19; 200:5;201:4LLC's (1) 134:4llr (1) 75:10llrlawcom (2) 71:9;75:20lo (1) 91:13load (1) 204:24loading (1) 332:21loan (1) 316:19local (6) 16:5;18:17;105:24; 127:19;133:14;135:5locals (2) 217:2,6located (2) 72:16;99:9location (18) 37:18;72:23;73:17; 109:16,24;110:1; 113:15;114:24; 116:16;119:3,5,8; 120:20;132:17; 139:20;169:17; 236:18;254:13locations (5) 72:22;127:13; 264:1;314:16;336:6lock (1) 263:16log (17) 105:3,7;106:18,19,

22;107:8,24;109:9; 111:1;112:13;136:14, 14;137:11;154:10,12; 336:12,14logged (5) 107:12;111:18; 144:13,16;162:6logging (3) 334:15,16,17logic (2) 116:1;117:12login (3) 167:14,17;168:18logo (8) 53:13;83:1,7; 176:14,17;310:17,18, 20logos (1) 145:1logs (4) 109:5;111:14,16; 338:12long (34) 9:23;15:19;20:16; 25:6;27:18;32:7;50:9; 61:10;64:5;73:23; 74:2;78:2;93:24; 98:22;124:8;128:2,8; 131:8;174:16;179:6; 194:8;206:23;224:19; 249:15;253:9;262:18, 19;318:19;332:23,23, 23;335:2;338:17; 341:2longer (9) 108:15;114:24; 116:1;179:20;194:6; 198:16;217:15; 226:17;238:13look (36) 50:24;63:6;91:5; 117:1;120:11;139:14; 141:3;158:13,16; 159:1,3,5;166:4; 177:4;189:6;192:8; 199:14;211:3;214:16; 225:5,10;237:19; 241:8;255:4;283:5,6; 284:6,15;285:2,4,13; 291:7;294:10;297:18; 307:12;324:16looked (4) 22:15;91:13; 320:24;324:18looking (11) 15:20;79:17; 158:18;186:21; 202:13;211:5;267:24; 281:19;297:15; 322:20;335:8looks (24) 10:13;13:14;15:22; 33:13;42:24;78:20;

83:5,13;84:3,6;86:22; 92:14;93:23;120:3; 121:15;133:8;186:9; 211:4;255:9,12; 284:21;285:19;287:3; 335:8lose (4) 20:12;195:15,17,18loses (2) 129:23,24loss (4) 190:13;228:2; 230:1,10lost (14) 20:23;32:19;78:20; 92:12,14;130:4; 229:20;230:12;232:3; 248:22;253:21; 265:13;329:19; 338:23lot (40) 8:13;14:17;20:21; 21:22;31:9;40:20; 63:9;184:3;203:3; 210:16,18;211:19; 212:20;217:5,6; 219:3,7,10,22;220:1, 7,10,10;225:18; 230:15;238:17,17,19; 243:8;257:7;259:2; 264:14;265:16;273:2; 309:3,21;312:22,24, 24;327:8lots (6) 64:11,12;134:7; 138:17;220:18; 242:15loud (2) 31:16;236:13low (10) 126:9,14;127:4; 157:6;159:8,15; 160:3;161:4,10; 266:18low-cost (1) 101:8lower (2) 125:17;126:3lowest (1) 51:23luck (3) 50:18;79:23,24lucrative (1) 221:16lunch (1) 178:19Luncheon (1) 195:23luxury (1) 101:10Lyft (22) 111:7,16,22; 112:17;113:6;115:11,

11;127:15;142:2; 203:1;225:9,12; 234:10;291:11,16,19, 20,22;292:5,6,11; 314:9lying (2) 246:12;262:18

M

ma'am (4) 18:22;23:17;43:22; 71:1magical (1) 228:1magically (1) 233:8mail (6) 30:6;48:10;50:23; 61:18;201:13;246:9mailed (1) 84:18main (4) 10:2;186:24; 203:15;259:9Mainly (1) 216:19maintain (5) 145:6,10;146:9,15; 324:19maintains (1) 110:14maintenance (1) 143:17majority (4) 108:19;110:12; 137:9;244:19makes (7) 72:19;121:18; 133:23;157:22; 164:12;327:15; 335:14making (22) 12:17;57:15;76:7; 112:9;117:5;160:15; 188:8;217:23;220:11; 222:11;223:8;225:23; 235:5;275:16;306:14; 317:1;320:12,16; 321:3;325:4;327:5; 336:1man (5) 225:3;251:11; 270:1;275:3;298:4manager (10) 39:19;98:22; 155:10,11,12;158:1, 18;160:12,24;320:10mandated (1) 325:12mandatory (1) 206:20manner (3)

Min-U-Script® Doris O. Wong Associates, Inc. (18) list - manner



133:1;136:11; 338:18many (28) 71:20;100:11; 140:12;142:15; 149:12;155:17; 165:12;171:21;210:3, 8;211:12,12;215:4,5; 221:1,17,20,23;222:8; 230:20;231:10; 240:13;258:8;267:12; 313:8,16;316:24,24map (5) 116:18;205:13; 212:14;236:14; 300:22maps (2) 220:5;238:5March (19) 99:8;200:15,18; 201:24;211:17;223:5, 5;245:18,23;284:7; 288:4,5,7,12;291:10, 15;292:19;306:22; 317:3marginal (1) 146:2Marianna (2) 44:24;45:1Maricruz (3) 26:24;27:6;45:21Mark (1) 54:3marked (4) 80:13;95:2,4; 287:19Market (5) 14:3;68:12;143:3,9; 155:10marketed (1) 122:7marketing (6) 40:1;176:12; 189:18,21;210:18; 221:9markets (3) 148:24;154:17; 159:23marking (3) 89:19;127:10,17mass (1) 64:14Massachusetts (1) 43:4MasterCard (1) 313:24match (1) 65:1materials (1) 176:12math (1) 222:13matter (14)

11:10;21:11;22:3; 28:10,17;38:9;51:17; 58:22;72:12;73:15; 96:3;126:21;259:24; 267:1matters (8) 12:8;57:11;61:7,10; 90:10;93:1;330:13; 340:21Matthew (6) 13:6;19:23;31:3; 39:14;98:18;332:1M-a-t-t-h-e-w (1) 39:14maximum (2) 231:7;265:10may (73) 15:5;17:24,24; 21:19;22:5;26:18,23; 33:3;41:17;49:6; 52:16;53:11;54:2; 55:9;56:3;63:8;69:8; 72:14;84:19;86:15, 16,17;92:10;93:17; 104:8;106:3;107:10, 10;108:3;119:4,22,23, 24;123:6,9;135:13; 136:3;137:14;139:24; 141:7,22;147:23; 154:9,17;155:7; 159:24;163:17,23; 175:22;178:14;181:2; 185:20;189:14;191:1; 192:8,9,12;193:7; 225:9;249:3;253:13; 285:5;296:1;302:24; 303:7;317:19;318:6; 330:6,6;337:12; 338:13,15;339:13maybe (31) 15:20;99:19;110:4; 117:11;123:21; 125:20;135:16,16; 138:15,20;186:5; 194:5;197:1;200:8; 207:1,1;216:8;217:2, 2,3;218:9;231:14; 233:21;258:16;273:1; 291:8;292:23;295:23; 321:11;325:7;329:16McGillis (117) 8:12,14;15:24; 16:21;17:11,13;19:6, 7,12;21:8,11;30:17; 31:21,21;32:16; 33:21;34:1;41:24; 42:5,8,8,9,14;60:18, 20,23;66:19,20,23; 67:3;70:12,15,23; 73:15;74:16;76:3; 77:21,23;78:2,9; 81:13,16;84:15,18; 87:19;88:2,5;90:13;

101:15,20,24;102:19; 131:6,18;172:21; 175:1;176:1;194:14, 17,17;197:1,12;198:7, 10;199:21;200:1,4, 24;245:3;247:20; 249:7,11,17;263:20; 267:5;269:1;271:19; 272:22;273:13,21; 274:3,12;276:8; 278:7;280:21;286:20; 287:5,12,17,22;288:3, 20,24;290:21;302:23; 304:24;306:3;308:21; 309:7,13,17;310:1; 315:19,23;316:4; 319:17,20;320:8,15, 20;321:10;322:1,9; 323:10;332:17,17; 333:22M-c-G-i-l-l-i-s (1) 42:9McGillis's (12) 12:13;34:5;54:20; 65:10;67:18;80:22; 90:9;131:24;174:1; 179:2;289:14;332:4mean (36) 17:23;18:1,13; 22:19;105:8;113:24; 118:17;124:6;141:11, 21;143:15;150:3; 164:22;165:3;166:7; 170:12;176:18; 179:15;191:20;217:1; 220:8;221:2;223:2; 225:22,24;227:3; 235:5;251:17;292:1; 294:11;297:11;310:7; 313:1;318:21;334:24; 335:12meaning (3) 244:20;326:11; 329:10means (8) 130:6;183:4;190:5; 201:14;208:21; 223:14;312:16; 323:13meant (4) 18:5;25:18;159:5; 312:23meantime (1) 36:5measures (1) 161:23meat (1) 230:23meatball (3) 229:3,19;231:14meatballs (3) 229:14;230:3; 264:17

media (1) 203:3medical (2) 243:11,12meet (1) 182:22Melissa (12) 8:2,11,16;14:16; 15:10;20:1;29:6,13; 30:15;40:13;322:21, 21M-e-l-i-s-s-a (1) 40:14memorandum (3) 52:12;55:5;86:10Mendelson (6) 8:21;10:8,17;14:4; 39:4;272:4mention (10) 54:23;56:1;74:19; 80:16;111:7;181:17; 238:17,22;265:23; 321:21mentioned (18) 67:7,21;82:14; 83:14;87:9;88:9; 116:23;134:15;158:1; 183:10;225:9;243:10; 244:8;252:5;258:7; 263:22;264:17; 287:11mentioning (1) 86:4merits (1) 82:10mess (4) 127:2;228:14; 235:17,18message (24) 9:8,19;11:2;15:2,4; 29:6;30:1;74:24; 75:18;88:10,11,13,13; 109:22;113:9;118:10; 133:8;209:21,24; 210:5;271:23;272:16; 329:22;331:3messages (18) 75:21,22;83:8,24; 84:5,9,14;88:14;89:3, 4;133:11,12;139:16; 210:3,9,16;212:7; 264:12messaging (1) 140:10messed (1) 264:16messes (1) 264:20met (1) 105:11metal (1) 192:3method (3)

188:22;261:6; 326:23Miami (34) 6:7,24;12:12;14:5; 39:4;77:23;84:8; 100:16;113:24; 115:17;133:10; 134:11;135:2;164:21; 165:1,10;184:8; 197:20;199:4;209:9, 14;211:20;212:12,15; 217:1,6;220:8; 224:12;225:19;226:4; 238:17;256:20,21; 274:24Miami-Dade (2) 220:2;257:16Miami's (1) 209:10Michael (12) 8:12;16:5,18;22:3; 30:18;32:15,17,21; 42:17;43:16;55:10; 198:7M-i-c-h-a-e-l (1) 43:17microphone (1) 196:3Microsoft (1) 74:24middle (5) 113:1;200:7; 258:17;259:17; 281:20mid-to-late (1) 66:22might (52) 11:13;15:15;16:4; 24:19;26:14;50:3,6; 71:22;82:20;99:23; 100:9,20;103:8; 107:23,24;110:12,20; 123:4;126:6;127:23; 130:5,23;131:3,17; 133:15;134:10;136:7; 137:16;151:19; 160:24;164:17;166:1; 171:14;183:14; 187:10;188:8;192:13; 194:8;198:18;212:13; 213:24;244:24; 252:10;258:16; 292:20;300:21;303:4, 15;327:17;330:8; 337:9;340:22Mike (4) 6:7,17,23;22:24Mile (5) 42:19;217:20,20; 218:2;223:15miles (3) 112:14;116:7; 222:18

Min-U-Script® Doris O. Wong Associates, Inc. (19) many - miles



million (1) 233:5mind (14) 7:13;12:16;19:5; 36:9;82:7;97:13; 147:19;185:11; 198:10;199:22;240:4; 302:23;309:17; 327:16minds (1) 309:10mine (1) 215:10minimum (38) 154:20;155:1,5,9, 19,23;157:7;158:6; 172:2,10;179:8; 181:8,17,19,19;182:1, 3,5,7,9,12,15;183:5, 13,15,23;252:22; 254:14;264:7;281:15, 16;297:20;305:2,2,14, 16,19;306:13minor (1) 275:6minus (2) 121:4;171:12minute (7) 74:18;198:16; 212:23;247:17;330:8, 15,16minutes (38) 6:13;9:17,20,22; 15:14;56:6;58:16; 59:5;76:15,24;91:18; 94:2;116:2;117:11, 14;118:1,7,8;181:13; 182:12;184:13;195:1; 196:13;198:3;207:2; 229:4;236:23;238:23; 239:9;248:8,9; 252:23;253:10,16; 254:14,20;263:12; 325:3Miracle (1) 42:19Mirage (1) 202:6Misc (2) 54:7;121:16miscellaneous (2) 54:7;185:17miss (1) 59:6missed (2) 210:22;331:9mistake (2) 19:4;44:2mistaken (1) 231:8misunderstand (1) 134:3misunderstanding (2)

136:3;138:20misunderstood (2) 123:21;303:15Mitsubishi (1) 202:5mix (1) 217:3mobile (1) 103:8model (4) 116:20;180:15; 202:13,19modified (1) 327:17modify (1) 35:15moment (31) 5:10;6:16;10:19; 11:19;14:14,20;17:1; 18:19;20:3;21:1;22:8; 26:8;29:9;34:2;41:23; 51:18;61:1;72:5;80:7; 85:24;90:22;92:12; 94:14;148:13;175:21; 186:2;190:7;248:5; 268:4;269:16;284:20momentarily (1) 76:14moments (5) 21:18;71:17;197:1, 3,11Monday (2) 224:9;260:24monetary (1) 188:1money (47) 140:1,7,22;180:24; 184:7,14,17;191:2; 202:14;211:2;217:21, 23;218:5;220:11,12; 223:8;224:17,23; 225:18,22;226:22; 230:9,15;231:6,21; 235:5;239:4,11,12,13, 15;240:16;242:7; 257:5;265:15;268:9, 11;285:12;286:2,6,7; 308:4;311:24;312:24; 314:9;317:9;328:2monies (2) 260:22,23monitor (1) 146:21month (9) 211:17;215:22; 216:4;217:7;284:11; 289:3;313:10;316:23; 319:8monthly (2) 316:21,23months (16) 48:21;209:13; 211:6,18;217:5,7,11;

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mouth (1) 140:1move (15) 14:10;15:24;31:10; 64:11;97:4,11;98:13; 231:7;242:11;265:19; 266:5;289:14;290:24; 301:24;320:2moved (1) 107:13moving (3) 80:2;204:14;265:19much (40) 19:8;20:18;27:18; 31:18;34:4;38:10; 64:5;93:4;140:7,11, 22;148:5;184:7,17; 203:20;205:17; 211:16;212:10; 214:22;218:17; 226:13;228:14; 230:12,24;232:19; 242:5;246:11;255:5; 257:6;259:4;262:8; 266:1;268:17;279:15; 291:5;297:10;316:17; 317:8;326:9;341:4muffled (1) 180:22multiplies (1) 169:23music (4) 192:3;269:23; 274:23;307:19must (10) 124:3,11;167:21; 178:6;193:2,4; 227:20;295:20; 332:14;337:13mute (7) 32:12;33:1;195:8, 20;196:3,8;197:24mutual (1) 189:14Myra (6) 27:2;28:2;44:11; 70:11;93:20;320:3M-y-r-a (1) 44:12Myra's (1) 48:8myself (10) 12:11;30:11; 226:19,24;288:23; 325:7;327:20;336:24; 337:20;339:21

N

Nah (1) 115:1nail (1) 215:17

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Min-U-Script® Doris O. Wong Associates, Inc. (20) million - needed



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O

oath (11) 33:22;39:7;40:4,18; 41:3,9,24;43:9;44:4; 198:11;199:23object (2) 90:3;287:8objected (1) 92:3objecting (1) 95:17objection (22) 56:11,14;61:11; 89:12,18,24;90:16,23; 91:21;92:8;94:8,15, 21;95:13;97:19;98:3, 4,12;286:24;287:1,6, 14objections (2) 94:10;287:10objects (1) 340:4obligations (1) 168:22observation (1) 72:8observe (2) 5:23;7:2observer (12) 4:17,24;5:4,10;6:6; 7:10,11;30:24;92:15; 195:18;197:20;199:3observers (14) 4:8;5:5;7:13;14:20, 21;19:20;30:22;32:8, 11;92:14;195:4,16; 196:5;198:13obsolete (1) 108:23obtain (3) 149:5;180:24; 192:19obtained (1) 171:6obviously (14) 50:18;67:17;95:16; 97:6;148:4;183:24; 188:9;219:1;246:24; 270:7;275:4;312:15; 335:1;339:12occasionally (3) 31:7,14;251:23occasions (4) 255:2,3;306:6; 315:3occupation (1) 314:12occupational (2) 314:14;323:2occupations (1) 325:18

occur (5) 116:6;164:10; 181:19;183:16,20occurred (1) 270:6occurring (1) 135:5O'Connor (2) 82:4;88:6October (3) 200:7;245:18,21off (36) 53:15;94:1;95:8,11; 111:1,16;113:3,5; 125:22;136:14; 158:10,20;165:16; 196:3;221:3,4,7; 223:8;235:8,14; 255:5;260:1;271:23; 272:7,16,18;273:8; 274:14,22;275:1; 298:21;307:17;313:7; 314:1;321:12;338:1Offender (1) 106:3offer (5) 171:19;256:24; 305:1,6;314:4offered (10) 98:7;159:19; 165:12;183:22;184:4; 185:10;187:15; 268:14,18;298:10offering (4) 157:20;299:10,13; 314:5offers (2) 171:17;218:12office (13) 10:4;24:21;26:8,18, 22;32:4;37:6;73:19, 20;84:13;158:18; 160:13;198:19OFFICER (303) 4:2,6,14,19,23;5:3, 14,18;6:2,5,10,18;7:1, 5,9;9:11;10:9,18,22; 11:7,12,16,20;12:2, 15;13:1,8,11,19,24; 14:9;15:7;16:12,16, 23;17:3,7,22;18:8,11, 18,23;19:3,9,13,18; 20:10,13,20;21:4,13, 17;22:14;23:1,10,15, 18,24;24:23;25:11,15, 22;26:3,5,13;27:6,14, 17,20;28:3,12,19,22; 29:2,11,15,22;30:7; 31:13;32:6,23;33:2,9; 38:1,4,11,17,20,23; 39:12,16,21;40:3,11, 16;41:15;42:6,10,15, 23;43:6,14,18,23;

Min-U-Script® Doris O. Wong Associates, Inc. (21) needing - OFFICER



44:9,13,17,20;45:6, 16;46:6,13;48:23; 49:24;50:12,16;51:4, 8;56:4,8,20;57:7,20, 23;58:5,8,17;59:1,8; 60:3,21;61:2,9,13,16; 62:17;63:18;64:4,21, 23;65:7,15,22;66:5,7, 12,16;67:1,12;68:1,7, 11;69:7,13;70:10,14, 20;71:16;72:6,9,21; 74:11;75:17;76:6,20, 23;77:5,14,16,24; 78:4,10,14,17;79:1,6, 17;80:3;85:17;90:15, 20;91:5,10,20;92:19, 21;93:5,11,14,16,22; 94:4,20;95:1,6,24; 96:7,10,22;97:6,13; 98:20;133:15;135:4; 144:5;147:13;148:3, 14,18;163:7;178:18, 22;179:10,13;180:2; 186:19;187:3;190:9; 193:16,20,24;194:11, 16,21,23;195:10; 196:2,11,18,22;197:2, 7,10,15;198:8;199:3, 7,10;200:3;242:12; 248:2,7,11,17,21; 249:2;250:23;253:20; 255:8;272:1,5,10,15, 24;273:5,18;274:7; 280:20;281:5;286:23; 287:9,13,21,24; 289:13;290:16,19; 302:1,21;303:20; 306:2,10,18;308:19, 24;315:21;319:19,22; 320:1,5;328:14,19; 329:18;330:1,19; 331:6,15,21;332:3; 333:14;334:3;336:15; 337:4,16,22;338:21; 339:1,4,7,10;340:2,7, 10officers (1) 165:5Official (2) 87:23;310:23often (7) 110:8,10;140:4,8; 142:8,10;256:13oil (1) 143:17old (2) 22:4;176:17once (27) 21:23;22:9;24:5; 34:23;37:10;77:21; 105:11;106:20;107:6; 112:19;114:13; 116:15;118:22;119:2;

132:4;158:3;167:12; 174:12;175:16; 221:15;224:16;227:9; 240:19,21;247:11; 260:2;285:4on-demand (2) 176:20,24one (145) 8:4;11:19,22;15:22; 17:1,15,17;18:6,12; 20:1;22:8;23:24; 24:20;26:15;32:24; 33:24,24;38:12; 44:24;45:11,24;46:1; 51:18;54:21;61:22; 62:2,14;67:10;75:19, 20;76:11;79:8;80:16; 81:12;85:11,24;86:3; 90:12;91:22;92:12, 13;111:19,21;113:1, 6;114:10;116:11; 117:12;122:1;123:22; 127:22,23;133:12; 137:21;142:8;143:8; 149:5;150:10;157:14; 159:24;161:16,24; 162:17;169:17; 170:13;172:16; 174:20;176:5,14; 179:12;181:1;184:12; 186:2;190:7,22; 195:15,19;197:4; 198:12;201:3,8; 212:13;213:20;216:8; 218:24;219:3,3,9; 232:9,12;234:8,22,24; 239:18,23,24;244:23, 23;246:9,18;251:4; 252:9;257:13;258:14, 16;261:22;263:13; 265:17,22;272:12; 273:11;275:18; 277:16;278:22,24; 279:3,12;281:10; 283:18;284:20; 296:13,14;300:5; 303:17;305:10; 307:11,22;310:1,21; 315:16;320:13,22; 321:13;322:4,15,19, 20;330:24;331:16; 332:18;333:17; 335:15,21;336:9; 339:12one-page (2) 84:24;242:4ones (10) 70:23;89:13,14; 97:1;100:15;101:11; 278:11,12,16;286:21Online (20) 53:14;55:24;80:14; 83:12;101:18;110:22;

173:19;184:12; 192:18;200:6;201:19; 215:19;244:9,12; 263:12;286:10;314:4, 24;336:1;338:15on-line (1) 105:7only (36) 15:22;17:15,17; 31:7;51:23;62:18; 67:4;70:22;73:9; 85:24;110:17;113:11, 17;117:10,12;120:8, 11;127:12;145:3; 147:7;153:11;161:6, 16;177:17;182:2; 214:14;240:1;263:10; 265:5;276:20;288:12, 15;308:22;322:18; 324:15;338:4onto (4) 103:7,21;106:22; 270:2op (1) 87:9open (8) 76:18;77:8;143:7; 174:20;205:12; 252:11,14;335:22opened (3) 232:12;270:1;275:3opening (3) 80:1;307:7,12operate (3) 111:8;134:6;251:5operated (1) 251:8operates (1) 208:12operating (2) 203:5;213:13operation (3) 129:12;153:10; 297:21operations (1) 111:10operator (1) 4:12opinion (4) 54:3;67:8;132:23; 135:4opinions (1) 148:10opportunity (25) 22:18,21;30:12; 34:15,24;36:1;37:11; 44:23;89:5;105:16; 157:20;160:19;161:5, 16;260:13;261:11; 290:9,15;292:14; 303:11;329:9,12; 330:12;333:20; 340:14

opposed (7) 71:21;76:10;79:8; 81:4;102:4;143:6; 217:16opposition (2) 37:3;262:12option (5) 113:19;116:22; 159:16;205:2;294:16optional (2) 145:24;340:3options (6) 9:10;15:6;49:7; 57:9;58:2;242:19order (49) 34:12;35:7,18,22; 36:15,16,18,22;37:13, 13,14,15;51:15; 57:12;62:21,21;73:6; 82:2;88:6;95:22; 101:5;107:19;134:20; 149:4;151:24;153:8, 22;154:20;155:23; 167:5;205:4;206:19; 235:12;250:20; 263:11;275:19;297:2; 316:6;318:7;332:11, 15;333:1;334:20; 335:16,21,23;336:11; 339:14;340:19ordinances (2) 135:6;165:6ordinary (1) 226:6original (4) 86:16;108:13; 186:3;322:3originally (2) 273:22;291:9others (11) 17:12;44:1;48:3; 49:10;70:16;82:5; 138:15;141:7;225:9; 309:8;321:18others' (1) 194:3otherwise (7) 9:18,23;15:15; 130:5;138:19;164:17; 213:17ought (1) 36:7ourselves (1) 135:8out (116) 14:1;15:12;21:19; 23:5;35:5,10,11; 42:16;43:2;44:21; 50:20;53:23;54:16; 56:9;57:12;60:1,4; 62:19;66:19;67:11; 68:11,16;75:18,18; 81:15;83:9;84:18;

85:20;88:7;92:13; 96:24;99:12;103:9, 14;114:21,23,23; 115:21;121:16,19,24; 122:16;130:1;133:18; 135:17;137:24; 139:17;140:23; 152:17;154:10;163:1, 6;174:1;175:17; 176:5;179:19;183:15; 188:7;194:7;203:7, 16;206:10;207:21; 210:22;212:4;213:18; 215:18;217:19;218:3, 24;219:12;220:1,2,5, 14,19;221:13,15,22; 223:1,21,22;224:14, 16,16,20;225:7,18; 226:20;228:19; 229:16;232:7;234:3; 238:20;239:15;240:3; 242:5;244:1,12; 251:9;252:10;257:16; 267:13;271:5,17,17; 285:19;286:22;301:1, 4,5,17;317:20; 325:10;330:12;340:3outcome (2) 50:1,3outset (1) 95:12outside (6) 90:11;97:8;123:15; 203:5;217:9;237:9over (48) 11:8;18:14,24; 26:11,21;44:1;50:24; 62:15;85:3;86:21; 93:7;97:19,22;102:7; 110:19;114:18;115:6, 24;121:12;126:5; 138:18;141:3;142:16; 149:15;156:17; 163:11;176:8;186:5, 22;210:11;213:14; 214:22;221:11;222:4; 229:3,10;230:23; 231:9;256:2;258:11; 267:24;269:24; 274:24;279:1;301:6; 319:16;320:10,24overall (4) 32:15;50:9;79:13; 216:5overarching (1) 193:6overlapped (1) 292:8overrule (1) 287:14overseeing (1) 235:9overtime (1)

Min-U-Script® Doris O. Wong Associates, Inc. (22) officers - overtime



82:22overview (1) 37:20own (42) 34:20;40:1;60:13; 103:21;104:10; 108:17,19;123:2,2,9; 124:2,7;135:24; 141:24;145:4;147:18; 148:6,24;167:13,21; 168:9,13,13;173:8; 218:15;237:22;250:9; 251:6;300:12,18; 301:1,9,16;302:5,16; 304:17;315:15;325:4, 22;327:19,24,24owned (2) 100:4;327:19owner (3) 123:6,17;124:9

P

package (1) 186:3packet (14) 66:8,10,20;67:10; 68:2,21;70:6;89:9; 92:1,4;94:9,10,11; 186:10packets (3) 79:18;91:22;94:16Pagano (1) 32:5page (31) 20:11;81:8,12,21, 24;82:6;83:3;84:5; 85:4;87:13,14;176:6, 20;186:6,7,9,11,18, 20,21,24;189:10; 203:15;279:20; 281:10,12,20;283:5,6, 8;285:3pages (38) 52:8;53:19;64:20, 23;65:4,8,9,9,9;66:2; 67:22,23;68:6;79:18, 20,22;80:11,12,16; 81:24;83:3,3,3,10,13, 19,24;84:5;86:7,21; 87:5,7;88:8;89:21; 91:24;287:8;335:2,16pages' (1) 90:5paid (27) 47:5,13;121:5; 129:16;146:4;165:10; 171:10;185:8;220:23; 222:14;229:6;233:13; 240:18;243:19; 260:16,20,21;261:6; 305:24;310:15; 311:14,18;312:15;

316:17;317:4;323:4,5painted (1) 141:23painting (1) 141:14Palm (2) 128:16;257:19Pandora (1) 323:23paper (6) 7:10;62:3,4,9,12; 335:9paperwork (1) 50:22paragraph (2) 190:1,3parameters (2) 160:22;161:1paraphernalia (1) 173:16park (1) 145:10part (30) 7:6;12:23;13:16; 18:20;21:14;23:11, 13;32:15;46:22; 62:23;72:12;75:16; 80:19;88:1;96:14,19; 98:1;121:9;128:11; 146:4;160:22;164:10; 180:10,19,23;182:6,8; 252:19;312:11;327:7partially (2) 129:19,21participants (1) 29:4participate (7) 46:2,15;48:6;49:16; 57:17;147:9;188:18participating (3) 31:24;49:21;72:19particular (42) 26:11;80:21;88:20; 96:4;107:18;108:22; 124:9;126:23;127:1, 7;128:7;131:1;135:9; 137:12;141:22;143:3, 4;150:18;156:21; 173:3;174:19;176:16; 177:19;179:15; 181:10;193:9;195:11; 205:21;214:16;215:9, 18;230:2;250:12,16; 261:15;264:1,1; 322:20;324:3,14,18; 326:12particularly (4) 24:5;97:1;165:1; 280:17parties (56) 5:6,21;6:15,22; 7:24;8:11;9:16;14:10; 20:2;22:17;25:3,12;

28:8;30:19,20;31:5,5; 34:15,17,18,21;35:1, 19,22;36:5,11,16; 37:1,11;52:12;55:5; 56:11;61:4;72:5;73:8, 9,14,16,22;74:1,6; 76:5,10;77:9;86:10; 98:2,11;102:2,14; 167:2;189:14;193:13; 195:19;322:24;339:5, 11partly (2) 40:21,22partner (27) 101:22,24;103:7; 104:8;105:15;109:12, 21;111:17,21;112:5; 113:20;114:3;116:18, 19;123:6,7,9;126:1; 142:17,21;164:13; 167:10,19;168:8; 184:1;186:3;187:2Partner/Uber (2) 186:12,23partnering (1) 106:9partners (17) 100:6;107:11; 110:11;121:21; 135:14;139:1,19; 141:12;142:15; 164:16;165:5;180:16; 183:19;185:21; 187:12;193:2;279:15partner's (1) 109:14parts (1) 212:15party (32) 8:1,8;22:3;30:15, 16,18;31:20;32:18; 33:16;36:17;37:14, 15;46:19;56:21; 62:24;79:8,11;81:3; 84:15;89:15,23; 90:17;92:1,4;94:9; 95:10;102:4;131:23; 181:23;185:2;241:11; 324:22party's (1) 85:6pass (2) 134:22;151:5passed (3) 106:20;156:22; 254:20passenger (97) 113:3,5;114:9; 115:9,13,14;116:2,4, 12,14,24;117:5,15,17; 118:5,23;119:4,8,12, 17,18,21;120:8,10; 124:17;125:6,7;

131:1,21,22;133:10; 139:9;144:22;163:9; 166:3,13,14,16; 168:24;175:5,9,13; 182:10;205:22;206:1, 8,10,11,11;215:10,16; 228:5;232:8,12,23; 233:6;235:20,22; 236:5,5,7,19,22; 237:2,2,7,11;238:10; 239:2,3,9;252:23,24; 253:1,9,12,16,19; 254:8,8,19;255:21; 260:20;263:13; 266:10;268:23;269:4; 273:24;275:3;276:21, 23,24;298:21;299:17; 307:4,7;312:16passengers (32) 101:13;119:22; 164:8;166:10;169:12; 204:11;205:23; 213:22;216:12,15; 219:6;223:16;233:24; 251:8,24;252:12,15, 19;259:14;262:8; 269:13;271:7;276:14; 298:1,10,17,20;304:6; 319:11;325:12,24; 338:9passengers' (2) 275:21;307:22passenger's (11) 119:15;132:17; 236:18,20;271:13,20; 276:3,9;277:12; 278:1;308:10passing (1) 141:3password (7) 103:24;104:21; 107:8;168:18;205:10; 206:15;215:21past (5) 166:5;185:3,5; 216:3,4patience (1) 28:15patient (1) 253:3pause (11) 9:3;20:16;74:22; 77:15;79:5,16;86:1; 175:22;190:10; 197:14;330:18pauses (1) 20:17pay (35) 84:10;104:9; 140:23;142:12; 169:12;185:11;202:9, 15,20;222:21;226:11; 228:10;241:1;247:9;

259:19;260:19; 261:12;265:4,5; 284:2,5,15,17,18; 297:10;306:13; 311:23;312:8,17,21, 23;313:1;314:16; 316:11,15payday (1) 257:6paying (6) 223:18;226:22; 240:21;243:17;314:6; 324:9payment (21) 47:6;87:17;115:20; 120:14;121:4,8; 171:11;185:23;187:6, 14,19,24;188:1,11; 241:11;311:12;317:7, 8,10,11;326:23payments (8) 48:12;121:17; 185:22;316:21,23; 317:1,6,13pays (1) 225:18PC (4) 8:22;14:4;39:4; 43:3pdf (2) 64:17;65:9peace (1) 192:4peak (3) 182:24;183:5;184:9Peate (4) 24:18;25:5,5;45:22peer-to-peer (2) 100:14;167:20penalties (6) 39:7;40:5;41:5; 42:1;43:9;44:4people (55) 32:4;40:21;64:2; 104:19;107:23; 108:13;133:24,24; 135:3;140:8;149:10; 155:24;197:22;203:2; 208:13,20;209:4; 216:17,21;217:7,9,18, 19;219:8;221:10; 224:13;227:6,7,8; 237:15,16;238:2,4,17, 18;243:8;251:10; 252:6,7;257:13; 269:22,24;271:8; 304:9;306:15;309:1; 310:22;311:11; 312:24;314:16;321:4; 322:17;325:6;327:21; 328:5people's (1) 226:10

Min-U-Script® Doris O. Wong Associates, Inc. (23) overview - people's



per (21) 85:3;121:11,11; 129:21;137:12; 139:15;140:11,15; 169:17;171:24;172:1; 206:22;217:20;218:4; 223:15;251:7;258:9; 259:5;279:16;283:8; 305:19perceive (1) 223:2percent (19) 110:13,14;135:12; 162:5;170:15,20; 171:7;184:11;189:4; 202:10;217:24;260:4, 4,5,5;279:22;280:4; 313:7;316:19percentage (7) 108:16,17;170:9; 259:22;260:3;267:4; 312:6percentages (2) 171:7;260:14perception (1) 304:10perfect (4) 19:7;70:20;196:19; 248:9perfectly (3) 12:16,20;198:23perform (1) 293:1performance (2) 146:22;172:12performed (2) 33:16;266:22performing (5) 52:24;55:17; 156:17;167:11;315:8Perhaps (18) 10:3;25:8;31:9; 40:1,17;47:8;59:17; 61:20;68:18;72:8; 79:11;82:22;107:3; 134:3,9;142:9;179:4; 238:9period (27) 35:18;47:5;109:18; 110:19;112:4,7; 126:4,4;132:9; 137:14;138:10; 139:19;171:22; 175:16;183:22; 187:17;223:4;225:14; 259:10;279:1;292:2, 3;305:20;326:20; 336:19,22;340:18periodically (5) 154:13,15,16; 284:16;296:15periods (7) 37:10;129:14;

305:6,7,10,13;328:6perjury (6) 39:8;40:6;41:5; 42:1;43:10;44:5permanently (2) 132:6;278:1per-mile (1) 120:19per-minute (1) 120:18permits (1) 314:15person (37) 8:8,9;17:15,17; 56:21;74:3,4;103:16, 19;104:20;105:3,11; 106:10;108:4;109:17; 113:11,12,22;115:20; 121:11;130:15; 131:20;132:13; 168:23;169:1;175:18; 208:14;215:18;219:3, 9;226:6;236:15; 240:6;285:17;289:21; 304:8;322:4personage (1) 226:5personal (8) 119:24;123:16; 129:2,11,14;130:16; 219:11;311:9personally (3) 173:7;281:3;287:12persons (1) 180:24perspective (1) 108:12persuasive (1) 97:9pertain (3) 90:9,10,11pertaining (1) 270:23pestering (1) 242:15Petitioner (32) 8:6,9,20,22;12:7; 13:4,21;14:7;19:24; 30:20;31:1,1,3;33:12, 16;39:3,17;53:10; 55:6;65:3;66:2;80:11; 81:9,17;87:5,11; 89:14,21;90:2;91:24; 339:2,15Petitioner's (1) 10:1petitioning (1) 8:10Phone (98) 4:9,10,17;5:10,11; 6:16,16;9:4,6,7;10:6, 14;11:8;14:19,23,23; 15:1,21;16:7,8,9,12;

19:1;20:14,15,24; 21:1;22:7,11,23; 24:20;26:12,24; 27:24;29:8,9;32:22; 40:21;44:1;87:2;91:7; 92:17;93:19;103:21, 22;104:5,8,11;106:22, 23,24;107:18,21,22; 108:17,19,22,24; 109:6,14;114:10; 116:23;120:24; 124:18;145:16,18,18, 19,21;165:21;204:22; 205:2,3;209:22,23; 235:13,14,16,24; 236:13;242:9;251:5, 6;255:10,12;272:2; 295:21;296:4;315:13, 15;329:20,21;330:4; 331:1,2;334:13; 335:23;336:11phones (3) 108:14;196:7; 197:24phone's (1) 107:15photo (2) 116:19;117:2photocopies (3) 52:11;55:4;86:9phrase (2) 149:7;174:7physical (1) 338:14physically (1) 99:11pick (15) 33:3;115:13; 168:24;204:10; 211:20;221:3,4; 252:19;257:13;273:3; 298:1,20;314:16; 325:3,14picked (5) 111:21;119:18; 180:9,11;280:12picking (6) 144:21;208:3; 227:7;251:8;298:16; 325:24picks (1) 133:9pick-up (1) 181:12pickups (1) 217:8picture (1) 230:21pictures (6) 227:20,22,24; 229:1;265:8;270:18pieces (1) 62:4

pile (1) 63:10pinpointed (1) 205:14pins (1) 268:23PIP (1) 233:21place (24) 33:19,21;39:6;40:4; 41:3,24;43:8;44:3; 73:1;89:6;104:14; 134:18;149:5;193:9; 201:3;202:22;205:9; 209:10;214:23;218:9; 229:10;236:22;289:9; 310:22placed (1) 130:23places (7) 164:16;192:12; 220:10;226:3;246:14; 264:10;301:18plan (2) 224:17;234:4planning (1) 108:15plastic (1) 230:19plate (1) 116:20platform (33) 102:23;103:20; 104:22;105:15; 110:15;112:20,22,23; 113:3;115:15;122:22; 123:18;126:7,15,19; 128:10;131:4,11; 132:9;133:14;146:2; 149:9;153:2,4,18,20, 21;164:12,16;173:20; 188:22;202:20;297:8platforms (3) 107:16;112:7,10play (1) 236:23played (2) 207:23;255:19playing (1) 134:19Please (15) 4:11;11:19;15:3; 16:10;22:12;26:17; 71:1;114:18;187:5; 190:8,19;285:3; 327:20;329:22;331:3plenty (1) 330:6plus (4) 64:24;142:13; 230:17;314:6pm (10) 183:6;194:24;

196:4;197:16;199:11, 20;248:8;330:3; 331:8;341:6PO (1) 45:2point (64) 54:21;63:19;74:5; 78:5;79:6;91:12,15; 93:24;95:8;96:1,16, 21;97:11;98:16; 99:19;104:3;107:5,7, 14;112:20;113:24; 114:3,5;115:10,10; 117:6;118:24;125:23; 126:6,13;132:11; 137:24;146:22,23; 149:10,11;155:16; 157:24;161:3;174:11; 178:20;181:1;194:1; 201:21;204:5;206:14; 223:3;225:23;232:7; 239:24;240:1,12,12; 254:10;261:22; 265:24;271:12;273:4; 274:17;299:17,17; 313:14;338:4;340:24Pointe (1) 46:10pointed (2) 96:24;286:22pointers (3) 257:9,12,23points (5) 155:8;281:20; 300:21;313:16,17police (7) 130:5;131:2;270:7, 24;275:14;277:5; 307:5policies (4) 129:15;192:20; 193:2,6policy (8) 129:13,17;193:9, 13;233:5,23;264:19; 326:8polite (1) 258:5popped (1) 205:9pops (1) 237:20popular (1) 224:13portion (3) 120:21,22,22portions (2) 70:13;193:3position (11) 44:17;47:16;48:13, 22;98:23;103:5; 134:4,5,18;326:13; 328:7

Min-U-Script® Doris O. Wong Associates, Inc. (24) per - position



positions (1) 246:16possibilities (5) 24:10;26:1;48:24; 49:20;50:10possibility (3) 49:12,13;59:12possible (16) 105:10;110:19; 137:23;163:3,16,19; 164:3;167:3;171:8; 224:23;280:12,13,18; 295:2;302:20;332:11possibly (1) 294:12post (1) 84:13posted (1) 214:22post-hearing (1) 339:22posting (1) 85:2Postpone (2) 24:15;59:10postponed (2) 64:8;320:14potential (9) 45:18;103:7; 109:23;153:24; 159:22;187:22;236:5; 266:11;337:7potentially (2) 152:19;153:22pound (3) 9:9;329:23;331:4practical (1) 179:3practice (2) 155:14;164:9precede (1) 157:17precise (1) 295:18precludes (1) 112:8predetermined (2) 142:11;327:2predicated (1) 180:15predicted (1) 140:20prefer (11) 30:2;38:5,8;58:11; 70:12;162:20;163:8; 166:7,22;167:1;192:2preference (1) 163:4preferred (2) 73:21;99:23prefers (1) 166:11prehearing (1)

81:20preliminary (1) 51:20prepaid (1) 209:2preparing (1) 35:6prerogative (2) 163:10;166:12presence (1) 74:3present (5) 12:11;34:15;205:1; 340:12,15presentable (1) 253:5presented (6) 34:14;57:5;96:4; 103:1;332:13;337:8press (10) 7:20;9:9;15:5;83:5; 84:7;119:13;153:7; 329:23;331:4;333:9pressing (1) 107:3presumably (4) 46:20,21;83:8,15presume (2) 46:17;73:2pretty (16) 31:18;74:14;85:17; 203:20;205:17;208:7; 211:2,16;214:22; 216:16;246:10; 268:17;297:19; 323:21;326:9;335:9prevent (2) 171:3;190:3preventing (1) 263:16prevents (1) 106:9previous (2) 150:8;250:4Previously (6) 98:18;200:1;202:3; 205:10,11;320:3price (4) 138:18;170:3; 222:14;297:11prices (3) 183:23;184:1,4pricing (9) 138:16,21;139:8; 169:22;170:1;183:11; 211:19;212:6;263:8primarily (1) 72:15primary (8) 8:24;17:16;18:12; 21:10;51:22,23;52:3; 78:8principle (1)

240:4printed (3) 85:20;284:4,12prior (15) 150:18;181:12; 184:21;204:14; 209:13;237:5;245:18; 249:18;250:2;289:8; 321:14;326:19; 335:24,24;337:14privacy (1) 277:13Private (6) 83:2;136:1,6; 148:24;149:1;176:9prize (1) 188:8prizes (3) 185:22;187:6;188:4probably (22) 7:21;31:11;48:16; 70:16;94:2;158:12; 177:18;178:19;200:9; 209:13;210:12,15; 230:22;242:20; 258:20,24;259:1; 277:6;298:14;309:20; 335:5,13problem (12) 7:17;19:17;31:15; 32:9;37:7;94:23; 195:11;198:20; 199:20;221:12; 229:13;257:17problems (3) 62:24;226:18; 230:20procedurally (2) 56:16;90:3procedure (2) 37:23;208:12procedures (6) 38:2,14,18,21; 40:22;192:20proceed (11) 35:13;46:7;49:4,17; 51:20;74:7;79:10; 178:21;249:5;281:6; 331:11proceeding (10) 13:3;17:13;24:8; 28:9;40:19;41:2; 51:10;61:8;73:21; 337:14proceedings (3) 60:16;62:1;147:16process (24) 23:14;37:21;76:18; 104:1,17,20;105:6; 122:4;128:12;159:4; 167:6,9,13;168:1; 169:7;207:19;208:3; 225:19;234:21,22;

315:14;320:10; 329:14;337:20processes (1) 129:22product (10) 100:19,20;101:9, 10;123:5;143:3,6,8, 11;217:10products (7) 100:13,14;122:7; 124:3;167:20;170:23; 171:13Professional (5) 84:12;105:23; 178:1,3;227:17professionalism (2) 177:8;178:10professionally (3) 177:22;209:8; 228:17profitable (8) 300:13,14;301:2, 10,22;302:6,14;304:2program (6) 147:9;160:23; 161:1;185:12;224:7; 297:23programs (1) 188:18Progressive (2) 234:3,9prohibited (6) 173:10;193:12; 261:9;269:3;273:23; 325:5prolong (2) 330:13;331:17promise (1) 228:13promised (1) 305:14promising (1) 282:10promotional (3) 83:21;88:14;89:4prompted (1) 338:5pronunciation (1) 99:23properly (4) 17:24;92:7;128:9; 138:17propose (1) 89:11proposed (5) 35:20,23;36:10; 98:5;340:12proposing (1) 92:9protect (1) 326:2protest (6) 45:12;52:13,15;

55:6;86:11,11protocol (1) 275:7provide (23) 100:23;107:5,7; 145:14;146:7;147:1, 3,11;148:9;153:3; 164:7;189:12;192:10, 13;225:11;251:24; 271:11,12;275:20; 276:1;310:11,19; 326:3provided (17) 118:20;152:6; 153:16;174:4;182:20; 187:11;188:12;250:1; 302:15;309:19; 310:14,16;311:6,12, 12;313:5;329:11provider (7) 81:1,3,4;102:5; 105:22;151:11,13providers (2) 174:5,5provides (2) 153:5,6providing (8) 148:10;166:9; 201:24;251:20;252:2; 302:10;315:7;327:6provision (2) 233:23;340:11provisions (4) 53:19;123:1,19,22P-to-P (3) 81:1;100:14;124:3public (7) 32:7;83:6;89:3; 177:7,13;314:11; 327:20pull (1) 173:24pulled (2) 269:24;274:24pulling (2) 265:16;298:20punished (1) 41:7purchase (2) 218:15;297:11purchased (4) 129:18;202:3,18; 297:6pure (1) 209:19purpose (4) 104:24;266:10; 270:16;297:7purposes (3) 40:2;82:19,21pursuant (2) 33:17;189:12push (1)

Min-U-Script® Doris O. Wong Associates, Inc. (25) positions - push



268:21put (33) 4:15;32:12;63:9,10; 95:22;122:21;132:1; 140:1;159:21;183:8; 195:20;197:23;202:6; 203:20;205:9;212:21, 21;222:17;233:18; 237:12,20;239:11,14, 16;259:1;267:13; 289:9;299:18;317:6, 9,11;318:11;332:19putting (5) 70:19;183:15; 219:11;259:2;320:13

Q

qualified (1) 187:18qualities (1) 177:6quality (6) 122:8,13;126:16; 157:21;159:20;177:9quarters (6) 53:3,5,5,6;55:19,21questionnaire (2) 54:4,5quick (4) 56:12;77:6,12; 229:7quicker (2) 240:1;329:17quickly (4) 74:17;224:22; 278:9;280:12quiet (1) 20:19quietly (2) 79:19,22quite (9) 19:3;57:20;100:12; 153:14;165:4;188:21; 219:16;224:18;258:8quote-unquote (1) 105:6

R

radar (1) 165:16radio (1) 323:22raise (2) 98:4;155:19raised (4) 92:8;94:8;153:8,9ran (6) 131:9,20,23; 207:20;219:18; 221:15random (3)

208:14;215:9,12Rasier (61) 5:1,20;6:22;8:7,20; 9:15;11:13;12:6;14:2; 16:20;17:11;21:8; 23:6;25:3;28:7;30:14, 16,18;39:3,18;46:23; 50:5;52:14;59:21; 68:12;80:14;83:11; 84:23;87:18;88:19; 99:22,22,24;100:4,5; 101:18,19,24;106:6; 112:12;121:15,19,24; 123:14;124:4;128:19; 129:10,18,24;134:3; 200:5;201:4,18; 210:10;213:2;215:5; 231:10;247:4;321:21; 322:2,11Rasier/Uber (1) 95:17Rasier's (1) 134:4rate (37) 27:7;110:22; 120:17;125:6,7; 140:3;154:3,5,5; 161:24;162:1;169:23; 171:24;172:8;178:15; 181:8,16;182:8; 184:20,21;185:2,7; 202:9;212:12,13; 259:13;263:1,11,19; 280:2;282:10;283:9; 297:18;311:24;312:8, 20;326:24rated (1) 281:23rates (23) 169:11;170:6,7; 171:18;222:7;223:7; 259:14,15,19;260:7, 10;263:2,7;264:5,11; 279:10,20;300:4; 305:2,2;312:15; 325:1;327:24Rather (7) 21:22;240:22; 241:13;315:15;325:2, 4;339:23rating (63) 83:18;125:12; 126:20;127:4;147:5, 8;154:2,11,14,20; 155:2,5,9,19,23; 157:8,15,23;158:13, 14,17;159:1,12,15; 160:19;161:2;178:9, 11;185:2;214:10,10, 11,13,15,19,21; 215:11,13,15,22; 216:1,5;219:8; 251:20;262:6,8;

266:8;267:3;268:1, 10;281:11,14,15,16; 283:2,9;299:18,19,20, 22;300:2;304:7,12ratings (30) 125:21;126:2,6,9, 12,14;154:7,7;156:9, 16;157:6;159:7; 160:3,10;161:5,10; 204:11;218:22;219:4; 256:5,9;266:10,11,18; 304:11,20;319:13,15, 15;324:19RDS (1) 55:15reach (6) 58:7;142:11; 162:24;235:15; 253:19;254:11reaching (1) 285:18reactivate (1) 282:5reactivated (13) 108:6;137:17; 160:5,8,12,14,17,21; 161:5,14;175:16; 277:21;289:6reactivation (2) 159:18;282:1read (12) 52:20;142:5,7; 153:7,12;174:8; 203:10;281:3;301:14, 17;332:23;337:13reading (7) 183:2;244:24; 296:2,7,8;326:6; 335:10ready (9) 12:6;23:7,8;29:17; 77:20;98:17;194:4; 236:12;338:9real (3) 26:6;44:1;209:4realized (1) 277:22really (23) 41:21;46:17;48:7, 11;73:12;82:10;97:2; 134:5;141:21;162:10; 163:3;178:2;209:17; 210:21;213:11; 218:18,22;219:11; 221:8;227:7,8;269:9; 303:5reapplied (4) 289:3,5;290:12; 318:15reason (24) 102:15;114:21; 115:1;117:3;124:15; 127:4;129:24;130:23;

131:3;161:7;175:1,4; 178:9,11;179:3; 184:13,16;187:15; 235:7;239:17;290:11; 292:15;307:20; 318:12reasonable (3) 22:18,19,20reasonably (1) 139:23reasoning (1) 269:10reasons (3) 53:22;162:17; 219:12rebuttal (1) 34:14recall (23) 201:5;253:17; 292:10;294:14,19; 295:16,18,23,24; 296:3,5,6,7,8,10,12, 17,22,22;297:5;305:3, 11;306:23Recalled (1) 332:1receipt (3) 84:13;189:12;230:5receive (37) 21:17;23:16;63:2,3; 65:5,11;66:1,7,20; 68:2;69:15;70:23; 77:12;85:12,16; 97:15;102:24;105:9, 17;106:21;126:2; 139:20;140:12; 171:21;180:18;181:3, 8,21,24;185:16; 189:23;191:6,9,9,13; 285:5;329:10received (21) 21:18;25:10,13; 65:21;67:23;74:8; 85:5;89:22;172:4,6; 187:7;201:22;263:2; 282:13,21;284:24; 287:6;290:5;321:11, 13;323:8receives (1) 180:20receiving (5) 63:9;132:7;139:11; 180:16;184:21recent (4) 24:13,14;81:22; 177:3recently (4) 8:17;55:15;68:19; 89:22recess (2) 195:23;248:14recital (1) 80:19

recognize (4) 176:11,14,16;177:2recollection (1) 202:23recommend (2) 50:6;281:22recommendation (5) 35:9,12;36:3;58:21; 60:20recommended (10) 35:7,17,22;36:15, 16,18,22;51:15; 62:20;340:19recommending (1) 50:4reconnected (1) 255:13reconsider (1) 72:20record (17) 4:3;9:8;12:18;15:4; 39:13;40:12;42:7; 43:15;44:10;66:24; 70:6;91:19;95:23; 97:5;106:2;195:22; 203:23RECORDED (18) 4:10;6:3;7:6;9:7; 12:22;13:16;15:1; 16:9;18:20;19:10,14, 16;21:14;22:11; 23:11;28:20;329:21; 331:2recording (20) 4:13,21;5:16;6:20; 10:11;12:4,16,17; 15:5;16:18;17:9;21:6; 23:3;25:1;28:5;29:13; 52:1;77:18;329:24; 331:5records (5) 106:1;211:3; 289:20;292:9;333:21recourse (1) 267:4red (1) 212:14redial (1) 91:7REDIRECT (1) 316:2reduce (1) 166:9Reemployment (35) 4:20;5:15,19;6:19, 21;9:12,14;10:10; 12:3,5;15:8,11;16:17; 17:8,10;21:5,7;23:2, 4;24:24;25:2;28:4,6; 29:12;30:12;46:22; 47:7,9,15;52:22; 53:21;55:11;324:15; 330:2;331:7

Min-U-Script® Doris O. Wong Associates, Inc. (26) put - Reemployment



reestablished (1) 272:7refer (7) 101:17;138:13; 174:9;185:24;186:6; 218:8;312:6reference (10) 26:9,11;27:12; 80:17,18;96:11; 99:21,22;122:24; 137:14referenced (3) 52:21;55:11;192:23references (1) 100:8referral (2) 187:21;210:5referrals (3) 185:22;187:20; 188:3referred (6) 152:1;167:9; 187:24;188:2;310:24; 312:5referring (13) 52:21;55:10;70:8; 84:22;101:21;106:14; 134:22;149:9;157:19; 177:18;185:14; 309:17;312:2refers (7) 101:12;102:3; 111:5;112:3;177:16; 183:22;312:13refinancing (1) 226:11reflect (3) 285:21;299:21; 333:21reflects (1) 299:22refuel (1) 145:10refund (6) 172:17,24;190:23; 191:2,4,8refunded (1) 191:10refunds (1) 190:12refused (2) 271:11;275:24refusing (1) 164:5regarding (4) 70:22;172:21; 281:11;284:23regardless (1) 266:20regards (2) 11:5;288:14region (1) 153:10

registered (2) 324:3,4registration (2) 103:13;130:22Registry (1) 106:3regular (8) 37:16;46:19;97:23; 217:16;226:14;234:1; 242:3;340:11regularly (1) 144:11regulations (3) 134:17,22;203:5regulatory (2) 134:8,10reimburse (8) 143:16,20;165:12; 264:19;266:2;271:14; 276:4;285:9reimbursed (2) 275:19;285:6reimbursement (1) 264:23reinstated (1) 314:20reiterate (1) 274:8reject (1) 144:18rejecting (2) 296:5,6related (4) 40:23;74:16;88:16; 218:18relates (2) 96:15;121:17relating (9) 45:18;53:19;65:10; 82:14;83:21;88:18, 20;102:2;123:1relationship (7) 90:10,13;174:21; 261:18;324:23; 326:21;327:10relatively (2) 111:23;147:15relaxed (1) 40:23release (2) 83:5;84:7relevance (1) 95:17reliability (2) 110:15;137:10religious (1) 312:19religiously (1) 220:9relying (1) 243:4remember (32) 64:16;81:9;108:4;

115:24;204:8,9; 207:1;214:12;230:4; 241:7,8;246:4,5,6; 250:21;252:18; 257:23;261:24; 262:17,20,20;291:8; 294:1,5,18,19,21,23; 295:2;296:15;306:10; 317:21reminder (1) 183:3reminding (1) 110:22removable (1) 174:3remove (1) 132:6removed (6) 108:8;126:7;131:4, 7,11;132:13remuneration (1) 181:22renditions (1) 281:2renewed (1) 130:10renting (1) 315:16repair (3) 145:6,10;294:15repaired (1) 232:20repairs (1) 242:23repeat (7) 94:18;245:20; 261:19;291:13; 298:18;302:3;305:16repeatedly (3) 21:23;82:17,17repercussions (1) 266:11report (21) 84:11;130:3; 185:17;203:21;214:4, 6,7;270:21,22,24; 271:2;275:14,14,15; 290:8,14,23;291:2; 292:13;293:13,19reported (5) 213:23;293:5,9,15; 294:8reporter (4) 12:11,21;199:4,4reporters (2) 19:20;30:23Reporting (3) 106:15,16;152:2reports (1) 138:6represent (4) 46:4;59:16,18; 327:20

representation (1) 32:16representative (13) 8:15;10:1;12:12; 13:6;16:1,5;39:3; 54:21;59:3;72:23; 85:6;132:12;311:3representatives (5) 16:2;45:19;63:1; 72:22;74:1represented (4) 8:15;58:11,20; 211:12representing (10) 8:22;24:17;25:7; 27:2;31:1;58:14; 60:12,15;61:24;63:16reprints (1) 132:23request (56) 24:14,15;25:16,17; 45:23;49:9;53:7; 55:22;60:13;61:5; 72:24;73:7;83:17; 86:18;96:17;97:3; 102:24;104:8;109:10, 11,15,16;111:19,20; 112:6,15,16,19; 113:22;114:4,13; 115:12;116:8;119:2; 120:11;137:18;138:9, 11;142:23;143:11; 144:20;162:12; 166:13,14,24;173:3; 176:20;189:13; 203:24;231:11; 261:15;280:10,13,17; 284:23;338:17requested (9) 45:21;57:10;60:9; 72:11;115:14;269:11, 12;275:1,15requester (7) 113:15,16,17,18; 118:5,6;137:20requesting (4) 59:13;73:5;109:17; 271:10requests (26) 87:2;105:9,18; 106:21;107:1,17; 110:18,24,24;111:3,4, 15;112:10;116:13,14; 117:1;118:6;136:16; 144:18;162:5,9; 189:23;223:22; 279:22;289:24;290:3require (4) 127:16;128:15; 130:9;340:22required (28) 35:23;48:11; 103:12;105:5;127:12;

128:13;129:7;130:21; 137:11;144:13,24; 145:3;146:7,9,12,15; 184:20;185:19; 188:17;189:19;190:2; 191:14;193:7;203:17; 269:13;291:4;314:22; 325:18requirement (5) 73:24;74:2;128:5; 275:8;326:12requirements (12) 37:6,8;63:12; 105:12;117:13; 127:20;129:4;150:2, 3,23;168:22;181:14requires (8) 152:4,8,14,18,21, 23;227:19;234:2requiring (1) 203:19requisite (1) 254:7research (2) 323:20;333:21resolve (1) 41:18respect (18) 35:14;52:18;54:24; 60:17;61:3,4;89:2; 90:20,22;96:10; 101:15;296:9;299:4; 306:21;320:15; 321:16;322:10; 328:11respectively (1) 91:1respond (5) 33:4;254:19;265:8, 10;276:1responded (2) 244:23;265:12Respondent (3) 30:21;44:21;339:8responding (2) 213:11;308:1responds (1) 285:18response (13) 196:12;197:21; 198:14;199:13,15; 213:4,8,9,10;262:21; 289:14;292:22;316:4responses (1) 245:1responsive (1) 229:12rest (4) 21:24;81:5;194:5; 230:9restore (1) 240:16restrict (1)

Min-U-Script® Doris O. Wong Associates, Inc. (27) reestablished - restrict



164:6restrictions (1) 122:5result (3) 47:4;184:5;278:3retain (1) 279:22retired (2) 320:23;321:8retirement (1) 243:20retroactive (2) 53:2;55:18return (4) 293:6,22;294:10; 295:1Revenue (36) 24:9,12;25:24;28:1; 44:16;45:2;52:5,9; 53:9;54:9,12,22; 64:16,24;66:11,21; 67:5,16,21;68:3,21; 70:7;74:9;80:7;85:8; 86:5,8;89:8,10,13,20; 91:23;94:11;178:23; 181:3;309:19Revenue's (1) 65:24reverse (2) 35:15;339:14Review (9) 5:8,12;7:11;74:17; 77:22;199:8;201:10; 320:21;322:7reviewed (3) 52:23;55:16;321:8Reviewing (1) 87:20revise (1) 80:12revised (1) 65:4Rewards (2) 256:24,24rhino (1) 75:3ride (44) 81:1;101:9;113:9; 117:1,4;118:7;125:5; 133:24;134:1;137:4; 144:18,20,21;145:12; 146:5;154:3,4;162:5, 9;166:3,4,15;172:18; 211:22,23;214:5; 227:9;232:3;237:8, 10;238:8;240:23; 251:9,9;254:12,16,18; 263:13;285:16; 289:24;290:3;298:11; 313:13,20Rider (30) 84:7;109:8,9,24; 116:6,12;120:12;

131:12,17,20;133:17; 136:12,15;153:6; 163:14;182:1,13,17; 184:24;185:4;187:22, 23;188:24;190:21; 191:2,5,21,22;229:2; 270:8riders (16) 126:22;135:1; 153:3;154:4,5; 187:20,22;188:1; 191:16,19;193:10,11; 299:7,10,13;325:15rider's (3) 132:5;178:2;188:23Rides (26) 84:2;125:24;132:2; 141:15;153:16; 163:13;173:11; 211:12,15,15;212:1; 216:1;219:9;223:14; 260:11;268:14,17; 277:6,24;289:17; 290:6;313:9,10,16,21; 314:1riding (2) 126:24;192:5right (244) 4:2,14;8:19;13:9, 19;14:9,22;15:20; 17:3;19:4,10,16,19; 20:7,11;21:21;22:22; 24:4,7;27:6,16,20; 29:2;30:5;31:13,19; 34:2;39:1;40:3,11; 41:15;42:10,23;43:7, 18;44:3;46:7;48:23; 49:24;51:4,8,22;52:4; 54:12,23;58:8;59:8; 60:3,7;61:2;64:4,7; 65:22;66:5,16;70:2, 10;77:3,5,24;78:14; 79:12;80:3;82:24; 89:11;90:15;95:1,12; 96:7,9;98:16;99:9,17; 100:7;106:17;107:19, 20;108:20;115:16; 122:3,23;124:1,24; 127:21;128:24;137:6; 143:16;148:14;151:6, 21;152:20;153:11,13; 154:8,14;155:19,24; 156:18;157:13;158:7, 12;162:9,15,21;164:1, 6;165:2,11,17,22; 166:4,8,10,17,20; 167:3;168:2,14; 169:15;170:1,2,4,7, 10,16,21;171:1,10,18; 172:1,8,13,18;173:1, 8,12,17;174:17,22,23; 175:6,19;176:24; 177:23;178:10;

179:13,14,17;182:6; 188:10;190:1,9; 193:16,24;194:24; 196:2;198:6,8; 199:10,18,20;207:12; 208:24;211:7;212:17; 213:16;217:13; 218:14;219:20;225:1; 227:6,21;228:4; 231:9,17,22;232:6,20; 236:17;239:20; 240:18;241:4;243:6, 6,14,23;245:15,16; 246:13;247:2,17; 248:2,8,18;249:5,6; 250:6,8;253:17; 255:7;256:6;264:20, 21;271:4;272:1; 274:4;278:15;279:4, 10;280:1,6;283:23; 284:2,14;285:11; 286:16,18;296:21; 298:7;301:22;304:12; 308:19;311:4;313:22; 315:21;316:7;317:14, 24;318:17;320:1; 324:21;327:12; 328:10,14;329:16; 332:16;333:14;335:4, 11,17;336:12;337:22; 339:24;340:10ring (1) 21:1ringing (27) 4:9,17;5:11;6:16, 16;9:6;10:6,15;14:19, 23,24;16:8,8,13;21:1; 22:23;24:20;27:24; 29:9,9;91:7;92:17; 93:19;255:12;272:2; 329:20;331:1Riordan (5) 20:4;38:6;59:20; 62:7;182:21ripple (1) 267:11risk (2) 159:7;281:15Road (9) 23:20;37:9;208:6; 209:14;210:19; 219:15;229:17,22; 269:24rob (1) 208:15rock (1) 192:3rode (2) 213:17;325:8role (2) 134:18;255:19roll (1) 192:3

room (1) 27:22roundabout (2) 120:7,9rounds (1) 235:9route (16) 119:19,23;120:3,4, 9;121:2;172:23; 173:1;239:7,9,18; 240:7;285:19,21; 286:1,3rule (5) 110:8;230:18; 253:8;270:10;322:16ruled (1) 327:10rules (4) 62:22;168:16; 244:14,15ruling (2) 82:10;95:8rumor (1) 226:8run (7) 21:19;81:24;106:1; 130:2;273:17;274:12; 278:9running (3) 81:7;210:23;250:8runs (8) 80:15;81:21;82:6; 85:3;86:21;87:6;88:8; 148:1Russell (3) 24:18;25:5;45:22

S

safe (2) 146:5;208:13safety (3) 129:19;164:11; 193:10sake (1) 51:14same (39) 20:11;33:12;36:12; 45:14;53:11;56:19, 20;57:5;65:20;75:16; 79:14;83:13;99:6; 101:14;103:9,23; 132:13;136:21;138:2; 141:9,19;142:1,14; 143:14;159:9;175:17; 186:18;211:16; 220:22;287:1;291:22, 24;292:2,3;293:9; 299:4;321:15,19; 325:8sample (2) 282:24;284:5San (3)

14:3;68:13;139:5Santa (5) 261:23;262:3,11, 15,22sat (1) 207:16satisfactory (1) 103:18satisfied (2) 172:17;338:19saturated (2) 221:17;300:20Saturday (2) 183:6;229:19sauce (2) 229:3;230:23save (1) 238:22saved (1) 239:9saw (7) 155:13;217:7; 231:18;239:3;261:21; 286:12;332:6saying (36) 41:4;47:1;57:24; 58:1,20;59:2,16; 95:10,20;96:1;99:22; 104:6;107:3;112:12; 113:2;120:2;122:20; 139:14;140:10; 141:15;154:17; 156:11;158:16; 168:12;180:11; 210:17;214:3;223:20; 236:8;240:5;249:3; 268:9;287:3;313:14; 322:22;332:8scale (1) 155:6scary (1) 297:18scenario (9) 112:18;115:8,17; 116:6;118:2;123:15; 130:14;137:22;188:5scenarios (2) 124:2;181:3schedule (7) 53:24;72:11;81:12; 83:19;118:19;120:17, 18scheduled (1) 6:13scientifically (1) 135:17scooter (8) 232:7;270:2,8; 275:4;307:2,4,6,13score (1) 172:15screen (17) 91:14;92:22;110:5,

Min-U-Script® Doris O. Wong Associates, Inc. (28) restrictions - screen



6;113:14;165:16; 185:1,2,3,5;195:14; 205:5;237:19;272:17; 330:20;332:22; 337:15Screeners (1) 105:24screens (1) 337:10scroll (2) 332:23;335:15se (3) 206:22;218:4;251:7seat (4) 101:13;166:3; 229:3;230:7seats (2) 228:16;230:19second (14) 33:1;41:17;85:4; 89:1;115:17;253:21; 272:12;279:19;283:6; 291:6;319:2,13; 322:15;329:19secondary (2) 314:21,21seconds (5) 74:12;85:24;118:7; 198:24;199:12secret (1) 214:1secretary (2) 7:20;88:19section (2) 151:1;310:8sections (2) 33:17;151:3secure (1) 326:1security (8) 104:9;106:1; 203:21;225:17; 246:16,18;247:3; 250:6seeing (4) 92:21;224:8; 225:10;295:23seek (1) 225:15seem (4) 111:15;125:5; 133:21;223:6seemed (3) 40:17;245:2;326:21seems (5) 13:13;65:1;79:24; 132:24;136:4sees (1) 101:4select (2) 125:11;143:10selection (1) 143:14

selective (1) 299:1self-employed (6) 293:4,13,15,23; 327:22,23self-payer (1) 243:13send (52) 35:23;36:5,9,11; 37:12;43:2;45:7; 60:17;61:17,18;63:5, 12;69:1,3,10;70:16; 72:4;75:1,15;104:4; 106:10;108:13; 109:10;120:24; 121:11,15,21;133:18; 135:14;147:3;151:18, 23;152:16;158:13,17, 19;160:6,16;209:21; 216:13,14;226:13; 227:20,21;231:11,21; 233:2;240:5;257:5,8; 311:8;313:23sending (5) 45:8;50:19;62:3; 63:6;121:8sends (4) 111:19;121:19,24; 139:17sense (5) 18:4,5;72:20;304:5; 335:14sent (74) 14:1;15:12;23:5; 24:13;25:5,17;42:11, 16;44:20;46:9,18; 50:20;54:21,22; 64:18;65:2;66:19; 67:17;68:11,16,19; 69:12;70:1,12;75:12, 18,18,23,23;76:7; 80:11;83:9;94:9,10, 12;95:9;104:8; 110:18,20;135:10; 154:10,13,15,16,18; 157:14;186:5,22; 201:8,9,11,20;204:2, 6,22;206:5,17; 209:18;218:7;223:20; 227:23;228:23;229:4; 230:14;232:4;241:13; 270:18,20;272:16; 275:13;282:9;287:6; 293:12;315:12sentence (2) 190:5;337:17Sentinel (1) 54:2separate (9) 32:12;75:20,22; 109:9;123:8;183:12; 205:22,22;323:1separately (2)

75:15;132:7sequence (1) 323:7series (6) 65:8;82:24;83:2,18; 84:13;87:12serve (1) 127:3served (1) 126:24server (4) 139:5;225:20; 234:21,23servers (2) 121:1;136:13service (33) 22:5;44:19;81:12; 100:24;108:15; 118:19;120:18; 132:11;149:4,8; 150:9;163:17;164:7; 169:12;170:17; 171:12;174:4;176:21, 24;181:4,22;189:9,15, 17,19,23;193:4; 201:2;235:14;250:2; 258:6;259:20;327:6services (29) 33:15;52:24;53:14; 55:17,24;80:14;81:2; 83:12;101:18;138:18; 153:3,5;164:7;166:9; 170:19;189:12; 201:19,23;209:16; 225:11;243:18;244:9; 291:11;293:1,17; 315:7,8;333:1;335:7SESSION (1) 196:1set (41) 4:24;5:20;9:15; 10:5,13;11:8;12:6; 15:11;16:20;17:11; 23:5;25:21,23;28:6; 29:17;49:5;54:16; 65:11;67:2,4;69:2; 73:6;120:17;123:5; 125:2;135:24;144:11; 158:2;160:23,24; 170:6;213:18;218:24; 230:24;244:1,1,12; 313:19;325:1;326:24; 327:23sets (7) 53:23;72:1;169:11; 170:3,7,9;182:15setting (3) 35:10,11;153:15set-up (2) 169:10;338:14seven (4) 269:22;274:22; 277:6;284:12

seven-seater (2) 202:19;225:4sever (1) 49:10several (16) 4:7;6:22;9:16; 21:21;25:3,24;30:11; 53:19;83:9;84:5; 86:21;87:5,7;276:17; 278:24;322:17severed (1) 61:11severing (1) 61:7Sex (1) 106:3shall (1) 174:2shampoo (1) 230:8shampooer (1) 228:16shampooing (1) 230:6Shanedra (1) 26:21Shannon (7) 21:2;31:22;60:1; 70:5;85:10;91:8; 242:9Share (4) 70:19;81:1;142:7; 183:18shared (1) 307:15ShareFile (1) 69:4sheet (1) 53:8shift (2) 222:3;224:13shifts (2) 222:1,2shoppers (1) 214:1short (2) 182:2;303:9shortcut (1) 238:21shorter (3) 38:7;181:18;238:14shortest (1) 286:1shortly (3) 15:23;16:8;340:20show (17) 64:20;65:19; 113:15,16;126:5,17; 167:7;185:1;199:15; 205:19;250:12,15; 251:7;254:19;255:21; 300:22;334:21showed (2)

205:14;251:11showing (21) 42:24;76:23;78:10; 91:4;102:14;122:17; 130:16;168:1;169:8; 194:2,24;198:21; 199:11;241:10;251:5; 256:5,9;283:2; 285:16;301:13; 334:10shown (6) 115:21;174:14; 252:10;253:24; 254:18;272:17shows (14) 42:11;46:9;53:13; 118:23;162:13;163:5; 195:14;197:12; 199:17;248:23;283:5, 7;330:20,20shrink-wrap (1) 333:4sick (1) 258:20side (7) 141:23;174:21; 252:21;269:24; 298:22;310:21; 320:13Sidecar (6) 111:7;112:17; 142:2;225:9;291:12, 16sidewalk (4) 270:2;275:1,5; 307:14sign (20) 102:20;103:6,10, 23;105:15;111:22; 124:4;127:10,15; 142:18;168:5;171:4; 201:3;203:2,15; 209:23;214:16;234:9; 235:8,10signal (1) 236:3signature (3) 86:22;333:10,22signatures (1) 102:14signed (15) 102:17,22;124:11; 174:2,13,19;202:4; 209:22;225:13; 245:22;296:24;314:6; 319:8;332:5,5significance (1) 93:6significant (3) 208:17;322:8; 323:18significantly (1) 133:16

Min-U-Script® Doris O. Wong Associates, Inc. (29) Screeners - significantly



signing (10) 201:5;225:6;226:9, 15;234:21;235:9; 296:23;314:3,4; 323:24signs (1) 226:12sign-up (1) 167:9silent (1) 213:14silly (1) 200:22similar (17) 10:2;33:13,14;55:1; 81:5;102:2;111:6,10; 133:5;174:5;225:8; 275:14;291:11,16; 323:9;333:7;335:5similarly (1) 48:4simplify (1) 63:17simply (17) 13:11;25:19;38:7; 42:18;64:14;82:8; 105:10;110:5;133:22; 138:24;140:4;141:23; 147:21;152:23; 166:13;228:24;318:6Sims (1) 7:20simultaneously (2) 111:18;112:10single (1) 225:3sit (4) 7:2;226:11;230:8; 338:15sitting (5) 210:15;227:4,6; 336:4;338:7situated (1) 48:4situation (16) 33:13;47:16;56:21; 120:11;128:6;143:8; 164:10;191:1,7; 227:1;231:5;239:1; 268:3;322:9,10;333:5six (6) 83:3;101:13; 231:14,16,16;277:6size (2) 225:2;335:13skills (1) 79:4sl (1) 75:1sleeve (2) 310:19,21slider (3) 143:10,13,14

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127:15;130:18;131:9; 167:16;168:17,17; 179:15;203:7;211:13, 20;213:23;214:5; 221:3,4;227:9; 228:12;236:4;244:24; 245:24;253:21; 269:10;314:8;329:19; 330:23;336:19somehow (3) 95:21;227:24; 335:22someone (17) 11:23;19:20;25:8; 46:14;114:5;157:23; 158:18;160:12; 175:17;284:22; 285:14;287:2;321:5; 325:4,8,14;328:2someone's (1) 87:3sometime (1) 261:2sometimes (35) 14:18;15:21;18:24; 20:15,17;40:2;41:18; 43:24;62:24;121:15, 16;134:20;135:22; 163:1;183:14;197:22; 200:21;222:1,2; 236:20,21;237:2,3,4, 21,22;254:24;255:1; 259:4;264:10;314:3; 321:4;325:7;330:22; 333:3somewhat (1) 22:6somewhere (12) 26:9;29:24;63:11, 20;113:12;139:5; 155:5;163:6;237:4; 238:15;258:17;328:4soon (4) 58:24;148:15; 252:24;278:8Sorry (44) 9:7;13:2;18:13; 19:2;20:13;27:14; 56:15;58:17;69:20; 78:24;79:15;85:10; 86:23;94:18;96:21; 114:17;118:4;121:20; 125:1;131:22;163:10; 180:21;182:17;187:3; 211:9;233:15;241:6; 242:8;245:4,20; 251:17,22;253:23; 255:14;260:9;265:18; 266:5;269:15;292:22; 302:21;305:16;312:2; 331:8;337:19sort (58) 33:4;35:8,23;36:2,

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84:12specific (9) 83:17;126:11; 142:4;163:14;168:8; 174:7;190:18;280:10, 13specifically (20) 125:2;128:16; 151:3;183:9,21; 185:20;192:22;193:5; 201:17;206:5;218:23; 225:8;252:3;286:21; 294:19,23;296:10; 304:15;314:7;333:9speed (1) 83:19Spell (5) 39:13;40:12;42:7; 43:15;44:10Spencer (1) 27:1spend (2) 21:22;220:10spending (1) 153:14spent (2) 210:15;224:8spill (2) 231:3,13spilled (2) 231:2;264:17spilt (1) 229:3split (1) 325:9spoke (1) 312:13spoken (1) 214:24sport (1) 297:6spot (1) 220:5spots (2) 220:6;256:23Sprint (1) 257:1s's (1) 71:8stack (2) 278:12;287:7stage (1) 206:14stake (1) 224:23stand (2) 94:14;122:16standard (9) 102:7,12;120:14; 160:20;170:17; 233:21;242:3;252:9; 258:6standards (6)

Min-U-Script® Doris O. Wong Associates, Inc. (30) signing - standards



40:20;54:18;82:14, 19;98:9;128:3standing (3) 88:23;97:17;98:12standpoint (1) 101:1star (11) 125:11;215:22; 216:1,7,8;219:3; 251:20;262:6,8; 300:5;304:11Starbucks (1) 338:16stars (9) 125:11,14,16; 126:22;147:4;219:2; 257:4,4;300:5start (11) 29:20;34:10; 237:10;250:20; 335:21,23;336:4,8,21; 338:9;339:19started (22) 6:12;114:22;118:9; 149:22;197:18;200:9; 202:2,19;205:8; 210:17;220:1,19,24; 221:10,22;222:16,19; 226:17;251:1;273:15; 318:17;322:6starting (3) 194:4;336:10;338:6starts (3) 53:14;151:5;219:2State (17) 39:12;40:11;42:6; 43:14;44:9;58:15; 88:19;90:11;97:8; 100:17;105:24;129:6; 133:6;140:3;177:3; 290:10;324:5stated (8) 40:2;80:23;149:15; 182:21;279:1;310:4; 311:17;314:19statement (13) 35:1,2,4;56:6;87:3; 98:5;184:10;284:2,5, 18;339:11,16;340:15statements (6) 37:12;84:10; 132:19;244:1;284:15; 339:24States (6) 82:3;185:15,20; 186:11;267:12; 310:10stating (1) 106:11station (1) 323:22statistical (1) 84:9

statistically (1) 140:19status (5) 84:20;104:23; 105:2;108:9;279:23statute (1) 33:18stay (6) 77:7;165:16; 213:13;221:6;224:5; 263:11stealing (1) 240:10stellar (1) 125:20Stempler (2) 54:3;87:9step (5) 204:15;206:19,20; 242:18,18step-by-step (2) 294:3,17steps (4) 106:20;126:10,11; 191:22sticker (2) 310:17,18sticky (1) 310:21still (37) 48:5;72:21;77:18; 78:21;91:18;93:6,9, 12,17;113:8;114:23; 161:10;167:24;169:6; 178:22;181:8;185:8; 196:16;198:10,21; 199:15,23;203:3; 209:9;223:15;248:19, 22,23;253:18;254:8; 257:15;319:14;324:9; 331:19,20;332:20; 336:24stocking (1) 268:8stop (5) 58:7;79:21;142:13; 290:20;325:14stopped (2) 179:17;275:2store (4) 145:9;204:23; 209:24;210:6stored (1) 237:2stores (1) 257:1stories (1) 134:8story (2) 207:17;240:7straight (3) 239:23;240:13,15straightforward (1)

120:15strangers (1) 208:3stranger's (1) 192:5strategy (2) 223:24;224:21Street (8) 14:3;43:3;45:1; 68:13;208:4,15; 252:20,22streets (1) 301:18stress (2) 226:19;232:18stressful (1) 268:3strictly (1) 179:12structure (1) 181:16structures (1) 101:3stuck (1) 162:24students (3) 274:22;307:16,18stuff (8) 32:22;48:10; 218:18;228:16;257:2; 287:11;332:8,24style (1) 251:12styles (1) 101:17subject (3) 154:23;324:11; 328:8subjective (2) 178:14,15Sublicense (5) 80:14;83:12; 101:18;201:19;244:8submissions (1) 90:4submit (4) 35:19;48:8;85:11; 339:22submits (2) 128:23;129:1submitted (21) 8:14;36:21;48:10, 15,17;52:9,23;54:11; 55:16;71:23;89:14, 15;90:17;98:2;133:7; 175:24;271:2;276:15; 278:10,11,13submitting (2) 168:2;169:7subroutine (1) 241:24subsidiary (1) 100:5

substantial (4) 211:2;300:24; 301:3,6substantially (1) 214:21substitute (2) 123:20,23successful (1) 304:19such-and-such (1) 120:3suction (1) 145:20suddenly (2) 108:22;118:10sufficient (5) 45:9,11;160:20; 318:10;331:9Sugarman (3) 16:6,14;42:16suggest (4) 303:8,15;339:19,21suggested (2) 165:24;166:2suggesting (3) 195:6;251:24; 252:14suggestion (5) 166:5;194:8; 261:22;298:6;340:1suggestions (7) 191:24;192:7,7,9, 17;194:12;298:9suggestive (1) 147:24suggests (2) 110:13;135:24Suhr (1) 86:23S-u-h-r (1) 86:23suitably (1) 68:23Suite (4) 14:5;42:19;43:3; 45:1summarize (1) 264:16summary (9) 82:2,7;87:20,24,24; 88:6,17;132:22; 282:21Sun (1) 54:2Sunday (1) 261:1supersede (1) 86:17supervised (1) 213:17supervisor (1) 146:18supplementally (1)

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Min-U-Script® Doris O. Wong Associates, Inc. (31) standing - SUV



swear (5) 39:7;40:5;42:1; 43:9;44:4switchboard (1) 10:2switched (1) 229:10switching (1) 297:7sworn (3) 98:18;200:1;320:3system (50) 9:2;15:2;20:14,15; 22:7;37:17;83:18; 92:23;107:11,15; 108:9;109:10;111:1; 116:1;117:24;123:5, 13;125:2,22;130:8; 136:10;137:21;147:2; 148:11;149:17; 153:15;154:2;155:17; 157:7;158:2;159:2,2, 3,6,9;178:9,12; 187:23;256:19; 261:12;268:1;281:11, 14;299:18,19,20,22; 300:2;304:12;313:15systems (1) 136:13

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204:10tax (12) 44:18;87:24;88:17; 186:8;293:6,22; 294:10;295:1;324:4, 7,12,15taxation (1) 328:9Taxes (9) 186:3;187:1; 241:17,21;242:14; 247:16,18;324:9,11taxi (7) 141:22;142:10,13, 18,21,23;249:23taxis (1) 142:9Taylor (122) 27:2;28:1,2,8,11,16, 18,21;29:1;31:5;33:6, 8,21;34:13;38:20,22; 44:3,8,11,11,13,15, 18;45:5,10;46:3; 61:13,15;64:15,20,22; 65:4,6,11,13,19; 67:22;68:24;69:3,8, 22;70:1,11,18;71:1,6, 9,11,14,17,24;72:3; 73:2;74:1,23;75:7,9, 12,14,17,22;76:12,19, 21;77:3;78:13;93:16, 17,20,21,22;94:2,15, 18,23;179:5,8,11; 180:1,3,5,7;187:4; 190:7,11;193:14; 194:21,22;197:7,9; 248:21,22,24,24; 249:1;287:9,10; 308:20,22;309:2,12, 15;315:18;319:22,24; 320:3,6;328:11,16,20; 329:3;331:12;338:21, 23,24;339:7,9,14,16, 20;340:5,6T-a-y-l-o-r (1) 44:12Taylor's (1) 320:2team (1) 172:15technicalities (1) 98:15Technically (1) 35:7technological (1) 79:4Technologies (11) 39:24;53:17;81:23; 82:5;89:2;99:2,3,4, 15;100:2,22Technology (4) 88:7;108:20;109:2; 136:19

teeth (1) 265:16telephone (1) 9:2telephonic (2) 25:20,23telling (7) 156:16,17;157:15; 238:24;257:13,20; 275:23tells (3) 109:6;147:4;236:16Temple (1) 46:10temporarily (1) 137:16temporary (1) 246:19ten (12) 91:17;112:14; 122:10;123:10;179:9; 207:2;219:8;252:23; 253:10,16;254:14; 325:3tend (2) 147:13,19term (2) 118:6;294:11terminate (2) 324:21,23terminated (5) 154:24;266:15; 268:21;289:4;291:14terms (54) 12:19;18:4;76:8; 80:23;96:2;101:21, 23;103:2,6;104:3; 105:8;115:7;118:11, 21;124:20;130:7; 135:13;140:3,4,8,14; 189:2,3,8,9;201:1,2, 16;211:24;218:10; 224:20;277:13;292:2; 295:13,16,19,20; 296:1,3,10,17,23; 297:2;326:9;332:6, 14;333:23;334:10,12, 20;335:1,6;337:6,13Terrace (1) 46:10Terrific (4) 72:6;77:14;78:17; 196:22test (1) 207:3testified (5) 152:16;278:19; 288:3;317:16;318:14testifying (7) 18:2;28:16;34:10; 41:5;236:2;306:23; 317:21testimony (41)

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three (26) 5:21;8:2,3,5;14:2; 28:7;30:13;33:11; 48:16,21;52:3;57:9; 58:1;60:4,6;70:13; 76:1,1;91:22;94:16; 111:12;125:16; 127:23;206:24; 212:12;237:2three-page (1) 309:21three-quarters (1) 309:20threshold (7) 110:14;125:24; 157:10,14,16,18; 161:12thresholds (4) 158:10;159:4; 161:2,2threw (1) 227:9throughout (3) 136:1,8;258:12throw-up (2) 229:18;231:5throw-ups (1) 231:13Thursday (2) 261:2,2ticket (1) 257:14tickets (2) 135:6;165:11tied (2) 138:24,24tiers (1) 122:8timely (3) 52:17;55:9;86:12times (35) 30:11;83:9;138:17; 140:9;145:17;155:8; 172:3,5;182:24; 183:1,5,7,12,17; 184:10;211:13; 212:12,13;231:10; 232:1;239:22;244:8; 263:2,9,21,23;264:1; 279:8;281:2;283:19; 288:16;301:2;305:1; 306:3,16tiny (1) 335:9tip (4) 189:4,22;190:2,4tipping (5) 188:24;189:11,18; 190:5,6tips (6) 188:19,20,22; 189:5;252:4;325:1title (2)

Min-U-Script® Doris O. Wong Associates, Inc. (32) swear - title



186:13,24today (32) 5:1,20,24;9:15; 10:13;11:8;12:6;14:1; 15:12;16:20;17:11; 23:5,16;28:6;29:17; 30:14;33:19;36:4; 37:9,23;45:23;46:2, 15;99:11;186:6; 206:13;221:16,18,20; 283:2;327:14;328:12today's (1) 61:7toes (1) 283:22together (1) 33:12told (32) 17:14;18:6;131:18; 132:24;169:2;175:8; 213:21;214:20; 215:10;226:4;239:17; 240:11,14;245:9; 246:12;252:3;262:15, 19;264:12;269:9,11; 270:19;276:2;277:10, 14;301:15;304:6; 308:9,15;317:19; 318:9;323:6tone (8) 9:9,10;15:3,6; 329:23,24;331:4,5took (24) 41:10;46:5;190:21; 208:5;211:10;224:19; 239:4,15,18,20;240:3; 243:1;260:1,2,10; 265:8,16;270:18; 286:7;298:4,5,16; 299:15;313:1tools (1) 145:14top (8) 158:11;176:6; 186:23;260:1;283:15; 284:2,8;321:12topic (1) 251:4total (3) 65:4;80:12;121:2totally (1) 7:8to-the-point (1) 303:9touch (14) 7:23;8:17;9:18,23; 10:12,23;11:3,17; 15:16;22:2;110:5; 159:21;205:5;270:19tough (2) 63:13;307:11tour (1) 301:18

tourist (1) 217:9tourists (2) 217:3,6toward (1) 116:17towards (6) 119:3;244:1,11; 246:11;247:17;251:3town (3) 236:21;238:20; 311:11Toys (2) 237:19,19trace (1) 106:1track (2) 63:13;162:1tracked (1) 283:13tracking (2) 280:2;283:7trademarks (1) 145:1traffic (4) 162:24;198:17; 238:16,20trail (2) 62:9,12training (17) 159:16;160:3,8; 161:6,10,13;191:12, 14;204:10;206:7; 213:18;250:19,24; 301:12;322:14;323:9, 12transact (1) 88:22Transactions (3) 87:18;121:11; 241:12transfer (4) 11:18;17:2;121:4; 136:20transmission (1) 76:9transpiring (1) 208:11Transportation (20) 53:16;80:18,20; 81:2,2,3,4;89:3;102:4, 5;111:13;134:22,23; 149:5;153:3,5;164:7; 166:10;174:4;189:11transported (1) 325:13transporting (2) 299:7;325:6treat (2) 244:14,16treated (3) 46:19;267:2;322:5trial (8)

40:24;82:9;97:18, 24;220:17,18;224:6, 20tried (6) 75:1;207:13; 224:22;242:6;254:7; 288:16trigger (1) 158:9trip (75) 102:24;105:9,17; 106:24;109:10,11,15, 16,17,19,19,20; 110:17,23,24;111:15; 112:4,6,9,15,16,19,21, 24;114:1,6,14,17,20, 24;115:5,17,18;116:3, 8,11,13,14,15;117:6; 118:10,23;119:14; 120:3,7,15,23;125:12; 127:14;129:21; 140:11;173:9,13,21; 174:9;177:8;181:7,9, 12,18;182:4,8; 184:12;185:1,4,7; 187:23;188:1;190:21; 245:14;279:22;280:5; 283:7;285:19;338:18trips (27) 110:12;115:15; 126:1,5,19;132:7; 137:9;140:13;157:11, 13;158:9,12,14;159:4, 13;160:9;166:8,23; 180:17,17,20;182:2; 184:11;188:6,7; 217:15;305:21trouble (2) 133:9;335:10true (7) 57:5;162:10; 213:23;236:10,10; 327:21;335:12truly (1) 110:23trust (1) 300:17truth (18) 39:9,9,10;40:7,7,8; 41:6,8,14;42:3,3,4; 43:11,11,12;44:6,6,7try (25) 4:16;8:1;10:14; 16:11,12;20:16; 22:13,14;57:16; 63:17;92:16;93:18; 99:20;160:19;207:18; 209:7;249:16;262:2, 3;301:4;309:16; 330:7,10,19,22trying (20) 10:11,23;11:17; 22:7,8;28:13;79:19;

183:17;235:15;241:6; 256:18,24;263:24; 303:5,7;304:23; 307:24;316:8;337:23, 24TurboTax (3) 241:22;242:14; 243:4turn (13) 34:22;79:21;108:6; 113:5;115:4;176:3; 212:8;221:7;223:1; 235:14;236:11; 278:16,17turned (1) 223:13turns (3) 60:4;114:20,23twice (1) 227:10two (43) 16:1;22:4,9;32:4; 34:3;48:16;53:6;71:8; 72:15;75:3,19,20,22; 76:3,10;115:15; 123:4;132:12;137:19; 138:1;208:17;210:15; 213:20;217:5,7,11; 222:18;229:11,12; 231:13;232:10; 242:20;265:7;289:4, 4;292:21,24;320:13; 321:18;322:4;326:22; 330:8;331:16two-page (2) 270:21;275:13two-thirds (1) 110:17type (19) 22:9;105:4;181:22; 188:8;191:12;209:16; 217:23;225:17;231:4; 311:24;313:3;314:12, 14,15,17;321:15; 323:1,12;325:9types (3) 121:23;187:9; 282:24typical (1) 259:5Typically (2) 225:2;254:22typing (4) 31:8,14,14,18

U

Uber (483) 8:7;11:13;23:6; 25:12;39:19,22,23,24; 46:23;47:2,5,13; 48:12;50:5;53:13,13, 17,18;81:23;82:5;

83:1,7;84:3,15,15; 85:3,14;86:21;87:24; 88:7,10,14;89:2,4; 90:10;98:22;99:2,2,4, 7,14,21,24;100:2,9, 11,22;101:22;104:4; 106:19,23;108:17; 109:6;111:6,14,21; 112:1,6,12,20;113:3, 24;114:14;117:23; 118:9;120:2,5,10,10; 122:19,24;123:18; 124:14,14;127:15,16, 21;128:3,7,19; 129:18;130:19;132:3, 16,19;133:2,8,9,11, 20,22;134:5,11,13; 135:11;136:7;137:3; 138:14,21;139:5,17; 141:9;142:14,19,23; 143:16,20;144:1,10, 14,17,24;145:1,1,2,4, 12,14,16,22;146:1,2, 6,18,19,21;147:1,7, 11;148:9,23;149:3,4, 12,22;150:2,6,9,24; 151:5,12,20;152:15; 153:1,8,9,14;154:2, 14,21;155:24;156:15; 159:21;161:23,24; 162:8,15,20;163:12, 16;164:4,15,20,24; 165:5,9,10,14;166:4, 7,19,22;167:5;168:4, 5,6,9,21;169:11,23; 170:3,6,9,10,11,14,19, 19;171:1,5,6,17; 172:13,13,24;173:3,7, 8,10,14,15,21;174:2, 12,15;175:2,17;176:7, 12,15,19,23;177:6,7, 13,14,14,17,22; 180:10,19;181:21; 182:15,18;184:8,14; 185:16,21;187:2,8,12; 188:12,22;190:12,15; 191:18,20;192:20,21; 201:6;202:4,22,24; 203:1;204:16;205:4, 19;206:1,6;208:12; 210:7,10;212:2; 213:1,21,23;214:4,7, 24;215:2,4,5,5,11; 217:24;218:8;220:4, 9;221:9;222:18; 223:12,19;225:2,13, 14,16,22;226:17,18, 19;227:1,4,19,24; 228:8,21;229:4,24; 231:10;232:22;234:2, 2,4,5,10,19;235:2,6,8, 10,18,19;239:3,4,5; 243:16,24;244:2,3,13,

Min-U-Script® Doris O. Wong Associates, Inc. (33) today - Uber



14,16,19;245:2,5,14, 22,24;246:22;247:4, 22;249:18;250:2,9,11, 20;251:1;253:6,7; 254:9;255:18;256:3, 10,14;257:10;258:1, 10,13;259:9,11,14,15, 22,24;260:4,5,7,10, 20,20;261:23;262:14; 263:3,8,12,16,18,23; 264:18;265:3;266:15, 17;267:6,19;268:6, 12;269:2,12;270:9,11, 18;271:3,10;272:23; 275:9,10,13,23; 276:20;277:3,9; 278:20,22;281:13,14; 282:5,22;283:13,16; 284:16,22;285:8,14, 18,24;286:9,10,10; 288:6,13,20;289:1,3, 5,7,17;290:13;291:6, 10,15,23;292:4,7; 293:10,16,19;294:9; 295:4;296:9;297:2, 24;298:15,22,24; 299:5,9,12,15;300:1, 3,8,12,21;301:14,16, 19;302:10,15;304:11, 14;305:1,14,18,21,24; 306:4,12;307:6,21; 308:1,9;310:14,17,23; 311:2,2,6,14;313:8; 314:3,5,6,7;315:3,10; 316:6;317:2,5,10,12, 19;318:2,17,19; 319:1;321:21;324:2; 326:8,9;327:5;328:5; 329:5;333:5Uber/Rasier (2) 56:23;247:11uberBLACK (16) 100:19,20,22; 101:7,9,14;122:13; 123:4;125:1;143:6, 12;167:19,22;168:8; 177:17,18Uber's (29) 55:23;95:19; 149:18;154:24;166:9; 168:16;180:23; 255:23;266:1;269:12; 270:20;271:1,23; 274:13;279:19;280:9, 23,24;281:10;286:3; 297:8;300:16,17,19; 301:11;302:8;316:4; 335:4,17uberSELECT (5) 100:13;101:6,9; 122:11;143:11uberSUV (1) 101:13

uberTAXI (1) 143:13uberX (24) 100:10,13;101:5,8, 12;122:9;123:12; 124:1,3;125:1;143:6, 11;167:21;168:9,11; 169:4,5;170:15,15; 202:6;217:17,20; 230:3;260:3uberXL (4) 101:11;202:19; 217:16,21ULA (1) 332:18ultimate (5) 35:4;50:1,3,8;51:1ultimately (3) 51:15;189:22;304:1Ultra (3) 269:23;274:23; 307:19unable (1) 254:15unavailable (2) 46:4;337:2Unclear (8) 57:19;58:13,14; 59:6;70:7;185:9; 198:22;283:16under (49) 33:22;39:6,7;40:4, 5;41:3,5,24;42:1; 43:9,9;44:4,4;52:2; 66:8;68:2;98:8; 106:11;112:17; 124:20;126:15; 139:16;151:1;152:16; 157:7;167:16,23,24; 168:8,17;169:10; 176:19;189:8;198:11; 199:23;214:23; 217:21;227:3;242:24; 258:15;263:4;281:19; 285:2,3;286:15,17; 317:4,13;318:15understood (9) 112:18;184:19; 208:22;231:18;268:6; 280:1,16;285:8; 311:18unduly (2) 41:20;330:13unemployment (9) 48:16;84:20; 149:17;245:8,10; 290:9,12,18;329:6unethically (1) 212:21unfortunately (5) 20:17;62:22;63:8; 229:18;331:16uniform (2)

127:7;310:11uniforms (1) 145:1unique (1) 167:13unit (2) 87:5;310:10United (2) 82:3;267:12units (1) 90:12University (2) 220:8;224:12unknown (3) 209:14;276:14,14unless (11) 51:19;56:10;89:11, 18;90:23;91:21; 97:18;174:16;179:14; 204:9;271:15unlike (1) 212:8unlikely (1) 138:1unlimited (1) 22:19unlock (3) 313:9,13,21unlocks (2) 313:10,23unnecessary (1) 98:15unskilled (1) 326:11unstable (1) 255:10unsure (1) 40:17unusual (1) 27:22unwieldy (1) 16:3up (174) 9:9;10:5;13:13; 15:5;17:16;25:21,23; 33:3;34:13;46:24; 49:5,17;50:4;51:6; 57:17;58:22;60:5; 61:22;63:9;65:1;73:1, 2,6,11;81:21,24;82:6; 83:3;84:5;87:14; 101:13;103:10; 109:23;110:16; 111:21;115:14,21; 117:5,22;118:23; 119:18;122:17;123:5; 125:2,24;127:2; 128:2;133:10;135:24; 138:18;140:23; 142:18;143:7;144:21; 151:19;152:9;153:15; 154:19;155:1,13; 158:2;159:12;160:19;

162:13;163:5;165:21; 168:24;174:13,19; 179:12,20;180:9,12; 184:17,18;187:17; 188:8;189:6;197:12; 202:4;203:2,15; 204:10;205:4,7,9,13; 207:18;208:3;209:22; 210:23;211:14,20; 212:21;216:4;221:3, 4;222:11,16,20;225:6, 13;226:17;227:7,9,16, 18,21;228:1,3,14,21, 21;231:3;233:8; 234:9;236:12,18,20, 21;237:20;241:8; 242:13;245:22,22; 251:8;252:11,19; 254:18,19;255:21; 256:20;257:7,13; 258:5;261:23;262:1, 3,10,15,22;264:16; 265:14,22;268:1,8; 269:16;273:3;275:4; 278:8;280:12;283:15; 291:7;298:1,16,20; 304:16;306:9,13,17; 310:15;313:19; 314:16;316:9;319:8, 16;325:4,14,24; 332:24;334:10,21; 335:22;338:16Update (1) 84:2updated (2) 22:15,16updates (1) 296:15upgrade (1) 202:13upgraded (2) 217:22;218:10uphold (1) 35:14upload (5) 103:12;130:9,12, 24;167:10uploads (1) 130:15upon (5) 55:14;301:20; 302:4;323:20;334:16upper (2) 186:16,23upscale (1) 217:12urgency (1) 179:15use (35) 38:7,12;97:16; 104:5,10;106:23; 108:16,17,19;112:23; 113:3;119:23,24;

123:18;124:10; 127:22,23;128:6; 136:21;140:8;145:23; 149:4;152:3;189:16; 236:22;241:16,20; 242:3;251:7;288:6, 13;292:6,7;297:3; 332:20used (18) 47:14;97:21;129:8; 133:5;139:21;149:2, 7;176:14;177:2; 218:1;232:10;251:6; 264:8;289:17,21,23; 301:8;313:17user (5) 103:24;104:21; 107:8;205:9;206:15users (1) 189:15users' (1) 189:16uses (4) 109:8;116:1; 123:17;154:2using (24) 12:19;13:12;79:10; 103:24;107:8;108:15, 22;118:6;120:24; 136:19;137:24;145:2; 263:7;265:3;291:6, 20,22,23;292:4; 300:19;301:11; 313:19;332:15;335:6usual (1) 210:12usually (11) 9:3;78:2;116:5; 140:24;169:19,21; 213:5;214:13;238:19; 259:3;321:21Utilities (1) 83:6utility (1) 297:6

V

vacations (1) 243:19vacuumed (1) 253:4valid (1) 105:12van (1) 141:3variety (2) 53:21;78:6various (38) 7:24;33:23;34:6,11; 50:20;53:24;71:19; 72:1;79:18;83:7,9,20; 84:23;88:12;94:6;

Min-U-Script® Doris O. Wong Associates, Inc. (34) Uber/Rasier - various



96:3;100:8,10,13; 101:17;102:8;103:12; 110:13;129:6;134:21; 155:8;159:20;161:1; 167:10,19;193:1; 250:5;257:21;278:20, 21;323:13;324:6,18vary (1) 120:19Vasquez (14) 6:7,17,23,24;7:4,8; 196:6,11;197:20,21; 198:13,22;199:2,12vast (1) 108:19vehicle (57) 88:17;101:12; 103:15;106:2;116:16, 17,20;119:13;122:5, 10,11,22;123:17,18; 124:7,9,9,10;127:11; 128:7;129:7;130:3; 131:23;174:3;177:9; 202:5;218:9,11,15; 219:14,17;222:22; 223:9,18;225:2,4; 227:5,5,10,20;229:2; 234:14;236:19;237:6; 264:17;269:19,22; 271:9;274:17,24; 275:2;294:15;297:7, 22;311:2;317:7; 326:18vehicles (7) 123:9,10;127:24; 128:2,8;141:14,18vendor (1) 53:18verbally (2) 113:20;119:10verbatim (2) 156:13;193:1verified (2) 39:2;129:11verify (2) 74:23;131:16verifying (1) 275:11Verizon (1) 136:21versa (1) 330:24version (3) 64:18;109:3;271:1versus (4) 81:23;82:5;88:6; 89:2via (3) 114:10;116:23; 201:11vice (1) 330:24video (11)

204:10;207:10,15, 23;213:19;218:24; 251:3;252:5;298:5,9, 19videos (19) 204:7;206:7,17,18, 20,23,24;207:5,9,24; 208:8;209:6;210:4; 250:20,24;252:9; 268:12;297:24; 301:12view (3) 79:12;286:4;335:16viewed (1) 250:19vintage (1) 122:15violation (5) 133:14;135:5; 165:6;173:23;277:12visiting (1) 227:11Vista (2) 311:7,16VOICE (34) 4:10;9:7;10:7,16, 20;11:5,9,14,18;15:1, 2;16:9,14,22;17:1,5; 22:11;24:21;25:9,13, 20;26:2,4,7;27:4,11, 16,19;30:5;272:3,8, 12;329:21;331:2voluntary (1) 189:18vomit (3) 227:23;228:18; 265:6vomiting (1) 264:18

W

W-2 (3) 185:19;242:3; 247:13W-2s (4) 246:9,10,15;247:3Wage (2) 54:15;82:12wages (4) 47:6,13;293:23; 328:8wait (31) 107:13,23;111:20; 121:7;130:18,23; 132:1;182:12;196:12; 197:2,5,10;198:15; 207:22;208:1;248:12; 252:22;253:2,9; 254:13;265:18,18,18; 269:15,15,15;271:22; 325:3;329:18,18,18waited (1)

254:6waiting (7) 79:7;197:17;198:3; 246:10;277:4;336:19, 22wait-listed (1) 130:15waive (1) 79:11walk (2) 207:24;337:20walked (1) 207:17wants (11) 58:20;113:9,13,16; 115:22;119:18; 122:16;137:4;149:22; 163:24;192:19WARMAN (32) 17:6,6,12,14;18:5, 10,13,19,22;19:2; 20:6,7;21:9;26:23,23; 32:14;42:15,22; 60:23,24;91:2;93:14, 15;194:16,17,19; 196:23,24;197:6,11, 13;198:6Warm-Up (1) 183:21warning (3) 126:2,9;175:12warnings (2) 159:7,11washed (1) 253:4Washington (2) 99:12;142:22wasted (1) 236:23watch (6) 116:17;204:7,14; 206:18,20;207:23watched (8) 204:9;206:16; 207:5,9,16;208:4,8; 297:24water (8) 204:12;251:20,24; 268:7,8;298:11,12; 299:10way (61) 34:11;35:16;38:5; 40:2;58:6;59:4,9; 60:14;61:23;62:11; 70:18;71:18,20;72:1; 73:21;98:13;106:6; 116:17;117:16;119:3, 12;132:18;135:9; 140:18;147:15; 171:23;172:7;176:16; 177:1;184:23;195:21; 207:15;211:11; 213:12;218:19;

219:17;225:5;226:24; 236:9;237:22,24; 238:1,1,13,14,23,24; 239:2;240:1;263:15; 293:9;296:13,14; 304:4;309:20;322:5; 325:14;327:11; 336:16;337:1;340:16ways (4) 41:18;123:4;133:8; 140:13weapon (1) 193:5wear (2) 127:8;145:1wearing (2) 298:5;299:6weather (1) 258:15website (21) 83:16;95:19;103:8; 106:19;141:8;192:9, 13,23;203:10,13; 204:14;279:19;280:9, 23,24;281:2,4,10; 287:3;313:11;326:6Wednesdays (1) 224:9week (41) 58:13;62:5;85:3; 121:7,11;137:12; 156:18;200:8;208:5; 210:15;214:15; 215:22;216:2,3,3; 221:5,24;222:4,8; 224:8,24,24;240:19, 22;245:12;257:5; 258:9,14,17,19,20; 259:6;260:24,24; 261:4;284:11;301:4, 7;302:5,12,16weekend (3) 83:23;224:15; 282:15weekends (1) 282:14weekly (14) 104:10;121:5,6,12; 147:4;154:7;171:10, 13;216:14;282:20,24; 302:8;311:18;312:15weeks (4) 36:5;48:16;223:19; 318:22weight (2) 96:2;287:16welcome (6) 7:14;17:5;27:19; 165:1;204:6;215:19well-dressed (1) 251:11well-known (1) 138:14

weren't (10) 46:14;91:13; 208:18;219:24;220:4; 222:20;239:21; 244:20;253:15; 277:15West (2) 217:8;257:19what's (12) 50:21;74:19;83:14; 92:10;94:5;99:24; 100:1;134:14;182:20; 240:7;257:12;272:8whatsoever (2) 259:21;261:13wheel (1) 209:17whenever (4) 102:22;213:5; 235:15;244:17whereby (2) 154:2;167:6Whereupon (1) 341:5wherever (1) 238:11whichever (3) 38:8;185:19;227:5Whispernet (3) 135:20,23;136:18whole (15) 13:14;39:9;40:7; 42:3;43:11;44:6; 138:20;207:23;208:2, 12;216:4;229:20; 242:6;265:13;275:12wholly (1) 100:4who's (1) 19:23whose (1) 69:9who've (1) 196:5willing (7) 57:2,3,12;79:11; 116:10;124:16;134:1Wilson (130) 8:21;9:5,8;10:12, 24;11:10,17,21,24; 12:1,9,22,24;13:5,10, 20,23;14:8;19:22; 20:12,19;31:2,4,6,24; 37:22,24;39:1;61:4,6, 10;67:15,20;68:5,8; 69:1,13,17,23,24; 70:3,13;72:7,8,10; 74:8,10;75:15,16,19, 24,24;76:7,16;78:1, 18,19,23,23;79:3,15, 23,24;90:1,2,18,19; 92:3;93:9,10;94:8; 144:2,3,9;148:2,8,13,

Min-U-Script® Doris O. Wong Associates, Inc. (35) vary - Wilson



15;179:22;193:17,19; 194:7,10;196:15,16; 199:6,9;248:18,20; 272:6,6,14,15,21; 273:8;274:2;286:23; 287:1,22,23;288:2; 289:15;291:1;302:22; 303:1,21,22,23; 306:19,20;308:17; 319:19,21;328:20,21; 329:2;331:11,13; 332:16;333:15,17,19; 334:1;339:1,3,15,20; 340:7,9;341:3Wilson's (1) 76:12wind (3) 34:12;50:4;60:5window (3) 111:23;127:15; 199:17winds (1) 110:16windshield (2) 165:21;310:22winged (2) 300:20;301:4Winter (1) 183:21wintertime (1) 202:12wish (2) 62:17;339:12wished (1) 52:16withdraw (1) 331:13withdrawal (2) 24:15;25:17withdrew (1) 45:22within (5) 90:4;138:3;167:3; 229:4;266:1without (13) 49:19,19;58:2; 79:10;132:8;173:8; 191:3;193:11;286:5; 296:2;308:4;324:21, 22witness (20) 13:6,21;19:23; 28:23;31:2;34:9,20, 22;147:18,21;148:7; 186:21;281:1;303:19; 306:8,16;315:20; 336:22;337:12,19witnesses (10) 18:2,6;33:20,22; 34:11,17;48:2;51:17; 269:13;271:8witnesses' (1) 275:21

witness's (1) 147:19WOMAN'S (25) 10:7,16,20;11:5,9, 14,18;16:14,22;17:1, 5;24:21;25:9,13,20; 26:2,4,7;27:4,11,16, 19;272:3,8,12wonder (1) 72:18wondering (2) 199:15;321:1word (3) 125:21;154:24; 264:8wording (1) 203:11words (7) 46:16;240:14; 243:18;292:3;295:10; 298:20;328:1wore (1) 299:5work (56) 22:10;24:1;46:23; 47:1;48:20;49:6; 83:18;87:3;150:19; 187:1;204:16;212:4; 214:17;222:3;225:17, 18;234:20;237:3; 246:14,22;247:7; 249:18;250:4,11,13; 251:2;255:6;257:21; 259:9;260:17,24; 263:9,17,17,18;264:7; 268:13;282:13; 300:13,14;301:22; 302:7,14;305:6,7,9, 12,15;306:6;314:17; 316:6;321:15;323:7; 325:11;326:10; 336:10worked (18) 99:7;203:2;213:15; 214:15;236:9;246:17; 249:18;258:10,16,19, 24;259:3,4,6,10; 272:22;305:20; 306:11worker (5) 82:15;320:10; 321:1,7;322:19workers (6) 45:11;320:13,22; 321:22;323:16; 326:16workers' (1) 323:3working (43) 34:11;48:13,21; 59:21;112:1,1;200:9; 219:10,12,22,24; 220:20,22;221:24;

222:3,9,10,13,13; 224:16;247:21,21,22; 250:2,5,9;257:15,16; 258:8,9;263:12; 265:7;267:19;269:1; 278:23;283:13;314:8; 317:12;335:21,23; 336:4,8,21works (6) 24:20;60:14; 184:23;194:19; 281:11;329:14worried (3) 26:19;303:14; 309:11worse (1) 77:1worst (1) 77:1worth (10) 53:24;90:5;92:2,10; 94:13,17;95:21;96:2; 273:24;301:5wound (1) 306:13wow (1) 216:7wrap (1) 278:8write (1) 172:14writes (2) 108:5;120:10writing (2) 183:8;318:11written (1) 308:16wrote (1) 131:17

X

XL (17) 202:13,20;223:13, 16,19,21,22,23;224:2, 4,5,12,14;260:5; 297:8,23;312:10XLs (1) 224:15Xs (1) 223:17

Y

y'all (1) 179:12year (14) 66:22;98:24;99:6,7; 121:22;150:10; 200:11;215:22;216:4; 222:6;241:3;284:11; 293:8,18years (3)

122:10;177:3; 242:20Year's (2) 188:5;220:8yesterday (2) 111:21;206:13York (7) 44:24;45:12;69:10; 72:4;75:18,24;142:22young (4) 227:13;269:23; 270:1;275:3

Z

zero (1) 191:9

0

0026 (8) 4:4,4,5;30:14,16, 17;51:24;55:102116 (1) 43:4

1

1 (24) 15:5;53:2,3;55:7; 80:14;81:24;86:11; 89:20;90:24;91:24; 92:9;95:2;201:24; 214:10;238:18,19; 239:10,24;240:1,13; 285:3;310:4;335:3,171/2 (2) 214:12;335:91:34 (1) 194:21:35 (2) 194:2,2410 (5) 37:2,4;55:20; 182:12;313:2410,000 (3) 142:16;149:15,1610:38 (1) 76:2410:40 (1) 78:1110:41 (1) 78:1110:43 (1) 76:2410:45 (1) 77:2100 (2) 42:19;135:12103rd (1) 42:121040 (1) 242:3

1099 (23) 48:8,17;54:7;87:23; 121:16,18,22;122:1; 185:16,19;241:4,14; 242:2,4;246:3;247:4, 11;293:12,12,21,24; 294:6,121099-K (6) 87:17,21;121:16; 241:7,11;242:11099-MISC (1) 241:71099s (2) 247:5,711 (5) 280:8;310:8,10; 313:7;335:911th (1) 234:2412 (5) 81:24;82:1;280:19; 281:9,21125 (2) 23:20;43:2012-hour (1) 222:113 (6) 65:3,16;81:17,19; 86:15,17138 (1) 186:9139 (1) 186:2113th (2) 65:20;66:414 (3) 80:15;84:19;282:81455 (2) 14:3;68:1214th (1) 65:1415 (14) 35:18;36:24;52:6; 54:15;55:9;66:9;68:3; 80:15;86:6;94:2; 282:12;311:18; 316:19;340:1215,000 (1) 222:18157 (4) 64:20,23;67:23; 86:715-day (1) 340:1815th (2) 66:23;246:1116 (3) 55:19,20;80:15161 (5) 64:17;67:21;68:6; 87:14,1417 (10) 9:13;15:9;80:15;

Min-U-Script® Doris O. Wong Associates, Inc. (36) Wilson's - 17



81:8;88:3;330:3; 331:8;335:2,16;337:9180 (1) 108:1181 (2) 65:9,91965 (1) 122:181st (4) 86:13;200:10,10,11

2

2 (8) 81:12;89:21;90:24; 92:1,9;95:2;285:3; 310:82:00 (1) 194:42:15 (5) 194:10,19,24; 195:22;196:32:16 (1) 197:162:18 (1) 198:22:20 (2) 199:11,122:21 (1) 199:2020 (10) 52:16;53:11;58:16; 59:5;170:14;189:4; 202:10;217:24; 238:22;260:4200 (3) 287:7;313:10;314:12000 (1) 43:32011 (1) 176:152014 (29) 53:2,3,5,5;54:7; 55:19,20,20,21;87:16, 24;88:17;99:8;186:8; 189:8;200:12;201:24; 202:5;211:5;241:3, 18;245:18,21;246:13; 247:5,8;250:7; 293:20;295:12015 (42) 9:13;15:9;52:6,13, 15,17,18;53:4,6;54:2, 15;55:7,9;65:3,16; 66:9;68:4;81:17,20; 84:10,19;86:6,11,15, 20;88:3;200:19,20; 202:1;245:19,23; 288:4,7,21;289:2; 291:10,15,23;292:19; 306:22;330:3;331:82015-1 (1) 54:14

20314 (7) 9:21,21;15:18,18; 26:20;27:13;330:520th (1) 222:2421 (1) 189:822 (1) 282:1822205 (1) 42:1223 (1) 284:124 (2) 215:23,2425 (3) 56:6;62:4;158:1226 (1) 284:1927 (2) 82:6;84:102700 (1) 14:527th (1) 284:328 (2) 170:20;260:528/72 (1) 312:102825 (3) 4:4;30:14;51:242834 (2) 4:4;30:162850 (3) 4:5;30:17;55:129 (1) 86:202nd (1) 14:5

3

3 (11) 52:15,18;81:12; 89:23;90:4;92:2,5; 95:4;186:7;287:15,193,000 (1) 211:153,100 (1) 211:153:00 (1) 183:63:13-CV (1) 176:63:31 (1) 248:730 (8) 53:3;118:7;199:12; 201:24;229:4;236:23; 239:9;258:1630,000 (1) 316:10300 (1)

42:19305-347- (1) 5:8305-347-6672 (1) 92:17305-400-7565 (1) 8:24305-725-3755 (1) 6:1030th (3) 200:16,18;211:1731 (7) 65:4;66:1;80:11,12; 89:21;91:24;288:731st (2) 200:16;288:1232058 (2) 23:21;43:2032314 (1) 45:333 (1) 285:1333-02 (3) 4:5;30:17;55:133131 (1) 14:633134 (1) 42:2033190 (1) 42:13333 (1) 14:533637 (1) 46:1135 (1) 286:836 (1) 85:1938 (1) 52:83rd (1) 288:103s (1) 127:3

4

4 (11) 14:3;68:13;81:14; 176:3,13;186:8; 189:10;214:11,12; 261:1,14.5 (1) 158:64.6 (9) 155:5;157:8,12,18; 158:6;214:23;215:1, 12;266:144.74 (1) 214:194.8 (3) 214:13,14;319:164/9/2015 (2)

186:14,2440 (3) 222:4;258:11;259:44230 (1) 45:145 (1) 259:8

5

5 (6) 54:2;84:5;86:16; 214:10;288:21;289:15:00 (1) 183:65:24 (1) 330:35:28 (1) 331:85:42 (1) 341:650 (4) 158:12;184:12; 222:4;263:1250,000 (1) 297:16500 (1) 232:2150K (1) 297:155431 (2) 23:19;43:1955 (2) 87:13;259:857 (1) 122:175-point (1) 155:65s (1) 127:4

6

6 (2) 83:3,460 (1) 55:1561 (1) 55:15617 (1) 20:9617-994-5803 (1) 20:56417 (1) 45:36672 (1) 5:968-02 (2) 4:4;30:16

7

7 (3)

278:17,18;284:1070 (2) 259:2,472 (1) 260:5729 (1) 43:372-month (1) 316:1975 (1) 230:16

8

8 (4) 48:13;279:6,12; 335:980 (7) 110:13;162:4; 259:1,2,4;260:4; 279:2280/20 (1) 312:10800-322-9341 (1) 27:13800-332-9341 (7) 9:20,21;15:17,18; 26:20;27:15;330:4813-335-0013 (3) 14:19;15:3;29:882 (1) 87:148307 (1) 46:10850-245-7123 (1) 4:9850-245-7131 (1) 7:22850-617-8347 (1) 24:17850-717-6403 (1) 27:218-hour (2) 222:2,3

9

9 (4) 52:13;81:21; 279:18,209:00 (1) 26:39:01 (1) 9:139:09 (1) 15:99:25 (1) 26:1990 (4) 110:13;162:4; 184:11;280:490-02 (3) 4:4;30:14;51:24

Min-U-Script® Doris O. Wong Associates, Inc. (37) 180 - 90-02



904-465-3193 (2) 16:7;22:6904-769-6417 (1) 22:1694103 (2) 14:4;68:1395 (3) 217:20;218:2; 223:15994-5803 (1) 20:99th (1) 202:10

Min-U-Script® Doris O. Wong Associates, Inc. (38) 904-465-3193 - 9th

uber appeal hearing transcript of 08-17-2015

Documents

x protest of liability

florida department of

shannon lissriordan

party mcgillis

joined party darrin

department of revenue20

wong associates

party matthew gore