Opinion
1:23-cv-01894
06-16-2023
AMP GLOBAL STRATEGIES, LLC, a Pennsylvania limited liability company, Plaintiff, v. ASK COMMUNICATIONS LLC, a Delaware limited liability company, Defendant.
AFFIDAVIT OF BRENDA PUGH
I, Brenda Pugh, under penalty of perjury, do hereby state and affirm, under oath as follows:
1. I am over the age of eighteen (18) years of age, I have personal knowledge of the facts stated herein and I am prepared to testify thereto.
2. I am the Chief Executive Officer for AMP Global Strategies, LLC (“AMP”), with an office located at located at 90 N. Pioneer Avenue, Shavertown, Pennsylvania 18708.
3. I understand that this Affidavit is being submitted with the Motion of AMP for the entry of a judgment in our favor and against Defendant, ASK Communications LLC (“ASK”).
4. AMP is in the business of systems consulting/design, installation and maintenance relating to RF, Microwave, Tower Sites, Coverage Studies, FCC Licensing, Access Points, Closed Circuit TV, Alarms, Uninterruptible Power Supply, Backup Generators, Digital Phone Systems, IT Services, Cybersecurity Training and Quality Assurance.”
5. On or about June 23, 2022, AMP and ASK entered into a written agreement titled “Master Contractor Agreement.” (“Agreement”) (A true and correct copy of the Agreement is attached to the Complaint and marked as Exhibit “A.”
6. Under the Agreement, AMP agreed to provide certain site services to ASK pursuant to various written purchase orders. ASK issued written purchase orders to AMP totaling $113,800.
7. Those “site services” included: ASK Communications contracted AMP Global Strategies, LLC. to install cellular antennas, coax cables, grounding, antenna mounting components, paint, and miscellaneous components that arise during installations. Work included labor and miscellaneous consumables. AMP provided the site services to ASK as required under the Agreement and the purchase orders.
8. As a result of the site services performed for ASK, AMP issued the following written invoices dated from June 30, 2022, through July 12, 2022, to ASK totaling $113,800 as follows:
Invoice No.
Amount
157455
$26,000
157551
$21,000
157552
$19,000
157553
$1,800
157554
$18,000
157555
$14,000
157556
$14,000
Total
$113,800
9. ASK paid AMP a total of $13,500 due under these invoices identified above.
10. Notwithstanding the performance of the site services and the issuance of the written invoices identified above, ASK has failed and refused to pay AMP $100,300 of the $113,800 it is owed as invoiced.
11. The Agreement, at Paragraph 11.10, contains the following provision: “No Solicitation. During the Term of this Agreement, and for a period of two (2) years thereafter, neither Contractor nor ASK shall solicit or hire, directly or indirectly, the other party's employees.”
12. On July 19, 2022, Michael Mowat, the Chief Operating Officer (“COO”) of ASK, entered the work-site located at 14299 South World Road, Orland Park, Illinois 60462, and solicited the following technicians to work for ASK, which they accepted, causing them to leave the employ of AMP and resulting in lost profits, training costs and an unfinished work order / PO-3301A0XK4Q:
Name of AMP Employee
Position
1. Patrick Nunes
Foreman
2. Luciano Oliveira
Top Hand
3. Roberval Cicarello
Tech 1
4. Caic Macedo
Tech 2
5. Paulo Stochi
Field Supervisor
13. On July 22, 2022, Michael Mowatt, the COO of ASK, again entered AMP's work-site located at 900 Oakmont Lane Westmont, Illinois 60559, and solicited the following technicians to work for ASK, which they accepted, causing them to leave the employ of AMP and resulting in lost profits, training costs and an unfinished work order / PO-10095173:
Name of AMP Employee
Position
1. Mauro Noriega
Top Hand
2. Walter Moura
Foreman
3. Jose Maria Marta
Tech 1
4. Fabricio Pinheiro
Tech 2
14. As a direct result of the above actions of ASK, AMP incurred costs to train and certify nine (9) additional technicians at $4,793.90 per technician, as set forth in detail below, for a total of $43,145.10
Training Costs Per Employee
Amount
Transportation
$ 525.00
OSHA certification
$ 59.00
Hazzard certification
$ 19.95
Summus Recruitment
$ 850.00
Electric
$ 39.95
Summus training climbing / rigging
$ 3,300.00
Total training cost
$ 4,793.90
15. In addition, each crew was completing 2.5 Purchase Orders per month at an average revenue of $25,000 per Purchase Order. In total, AMP lost $125,000 in revenue per month as a direct result of the solicitation of its nine (9) employees.
16. Furthermore, as it takes four (4) months or longer to recruit, train and deploy a crew, and with a twenty-two percent (22%) net profit margin, as a direct and proximate result of the solicitation by ASK of AMP's employees, AMP sustained damages in an amount in excess of $82,500.
17. As a result of these actions on the part of ASK, AMP has incurred $100,300, $43,145.10 and $82,500, for total damages in the amount of $225,945.10.
18. AMP has performed all of the duties and obligations required of it under the Agreement.
Pursuant to 735 ILCS 5/1-109 of the Illinois Code of Civil Procedure, I do hereby swear and affirm, under penalty of perjury, that the statements made in this Affidavit are true and correct to the best of my knowledge and belief.
AFFIANT SAYETH NOT.
Prepared by:
Daniel J. Voelker, Esq. (ARDC #6189578)
Voelker Litigation Group
33 N. Dearborn Street
Suite 1000
Chicago, Illinois 60602 312.870.5430 312.505.4841
dvoelker@voelkerlitigationgroup.com