VOLUME 1
PAGES 1 - 183
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BEFORE THE HONORABLE YVONNE GONZALEZ ROGERS, JUDGE
CIARA NEWTON,

)
)

PLAINTIFF,

)

)
VS.
)
)
EQUILON ENTERPRISES LLC DBA )
SHELL OIL PRODUCTS US,
)
)
)
)
DEFENDANT.
)
____________________________)

NO. C-17-3961 YGR

MONDAY, DECEMBER 10, 2018
OAKLAND, CALIFORNIA
JURY TRIAL

REPORTER'S TRANSCRIPT OF PROCEEDINGS
APPEARANCES:
FOR PLAINTIFF:
BY:

BY:
FOR DEFENDANT:
BY:
REPORTED BY:

MINNIS & SMALLETS LLP
369 PINE STREET, SUITE 500
SAN FRANCISCO, CALIFORNIA 94104
SONYA L. SMALLETS, ESQUIRE
EVEN R. ETTHINGHOFF, ESQUIRE
DICKSON GEESMAN LLP
1999 HARRISON STREET, SUITE 1945
OAKLAND, CALIFORNIA 94612
EMILY A. NUGENT, ESQUIRE
LAFAYETTE & KUMAGAI LLP
1300 CLAY STREET, SUITE 810
OAKLAND, CALIFORNIA 94612
GARY T. LAFAYETTE, ESQUIRE
BARBARA L. LYONS, ESQUIRE
DIANE E. SKILLMAN, CSR 4909, RPR, FCRR
OFFICIAL COURT REPORTER

TRANSCRIPT PRODUCED BY COMPUTER-AIDED TRANSCRIPTION
DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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OPENING STATEMENT BY MS. NUGENT

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OPENING STATEMENT BY MR. LAFAYETTE

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PEREZ, ERIC

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DIRECT EXAMINATION BY MS. SMALLETS

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CROSS-EXAMINATION BY MR. LAFAYETTE

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REDIRECT EXAMINATION BY MS. SMALLETS

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RECROSS-EXAMINATION BY MR. LAFAYETTE

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WESSELMAN, WILLIAM

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DIRECT EXAMINATION BY MS. NUGENT

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CROSS-EXAMINATION BY MR. LAFAYETTE

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EKELEMU, ODEMENA

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DIRECT EXAMINATION BY MS. NUGENT

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CROSS-EXAMINATION BY MR. LAFAYETTE

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DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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PLAINTIFF'S EXHIBITS:

WITHDRAWN

ID.

EVD.

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137A (PGS. 5721 - 5724)

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DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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MONDAY, DECEMBER 10, 2018

8:00 A.M.

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P R O C E E D I N G S

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(PROCEEDINGS HELD OUTSIDE THE PRESENCE OF THE JURY.)

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THE COURT:

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MR. LAFAYETTE:

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MS. NUGENT:

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THE CLERK:

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VERSUS EQUILON.

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GOOD MORNING, EVERYONE.
GOOD MORNING.

GOOD MORNING, YOUR HONOR.
CALLING CIVIL ACTION 17-3961, NEWTON

COUNSEL, PLEASE STATE YOUR APPEARANCES.
EMILY NUGENT, SONYA SMALLETS, AND EVAN

MS. NUGENT:

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ETTINGHOFF FOR THE PLAINTIFF, AND MS. NEWTON IS ALSO HERE WITH

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US THIS MORNING.

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THE COURT:

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MS. SMALLETS:

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MS. NUGENT:

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THE COURT:

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MS. NUGENT:

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THE COURT:

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MS. NUGENT:

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THE COURT:

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GOOD MORNING, EVERYONE.
GOOD MORNING.
WE ALSO HAVE OUR PARALEGAL DENISE KWAN.
WONG?
KWAN.

K-W-A-N.

DENISE, D-E-N-I-S-E.
YOU GOT IT.
ALL RIGHT.

GOOD MORNING.

MR. LAFAYETTE,

GOOD MORNING.

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MR. LAFAYETTE:

GOOD MORNING. GARY LAFAYETTE,

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LAFAYETTE AND KUMAGAI, APPEARING ON BEHALF OF DEFENDANT,

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EQUILON.

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REPRESENTATIVE, CHRISTINE LAYNE.

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WITH ME IS BARBARA LYONS AND CLIENT IS

THANK YOU, YOUR HONOR.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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THE COURT:

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START, MS. NUGENT, WITH YOU.

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GOOD MORNING.

MS. NUGENT:

OKAY.

YOUR LIST.

WE WILL

PICKING UP THE 2016 CALENDAR, WE ALSO

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HAVE A FLASH DRIVE FOR YOUR HONOR WITH PLAINTIFF'S EXHIBITS.

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WE DID NOT TALK ABOUT DEFENDANT'S FINANCIAL INFORMATION LODGED

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WITH THE COURT AND THEN AN ISSUE ABOUT EXHIBIT 70.

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THE COURT:

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MR. LAFAYETTE:

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THE COURT:

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SO, ALL RIGHT.

AND MR. LAFAYETTE?

I DON'T HAVE ANY ISSUES.

ALL RIGHT.

SO THERE IS A PROBLEM WITH

THE 2016 CALENDAR STILL?
MS. NUGENT:

OH NO, NO, NO.

I WANTED TO TRY TO SEE

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IF THIS IS ONE THAT WOULD BE ACCEPTABLE ON THE ELMO.

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THOUGHT THAT WOULD MAYBE BE THE BEST WAY.

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(DOCUMENT HANDED TO COUNSEL.)
MR. LAFAYETTE:

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I

THAT'S FINE.

(DISPLAYED ON SCREEN.)
THE COURT:

ALL RIGHT.

THAT'S FINE.

YOU ALL SHOULD

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FIGURE OUT HOW TO USE THAT, SO YOU CAN PLAY WITH THAT AND

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FIGURE IT OUT.

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OF THE CALENDAR.

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ME WITH THE EXHIBITS?

22

OKAY.

SO, THERE IS AN AGREEMENT ON THE NATURE

AND THEN YOU SAID YOU HAVE A THUMB DRIVE FOR

MS. NUGENT:

I DON'T KNOW IF DEFENDANT WAS PLANNING

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ON GIVING YOU A THUMB DRIVE WITH DEFENDANT'S EXHIBITS ON IT.

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SO, THIS HAS JUST THE PLAINTIFF'S EXHIBITS.

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MR. LAFAYETTE:

WE WERE MAKING -- WE PRODUCED THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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EXHIBITS.

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A THUMB DRIVE WITH ALL THE EXHIBITS ON IT.

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PROVIDING BINDERS FOR EACH ONE OF THE WITNESSES WHO'S CALLED

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WITH THE EXHIBITS WE INTEND TO USE DURING THE EXAMINATION.

IF THE COURT WOULD LIKE A THUMB DRIVE, WE WILL GIVE
WE WILL ALSO BE

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THE COURT:

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DRIVE, I LOAD THEM.

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DO HAVE THE ONE HERE BUT ALSO I'VE GOT LAW CLERKS WHO LISTEN

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ELECTRONICALLY AND, IF THEY NEED TO TAKE -- YOU KNOW, IF THEY

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NEED TO LOOK AT SOMETHING, IT IS EASIER FOR THEM TO PULL IT UP

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IF YOU CAN GIVE ME THE THUMB

SOMETIMES ISSUES COME UP.

AND I MEAN, I

ELECTRONICALLY.

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ALL RIGHT.

MR. LAFAYETTE:

THANK YOU, YOUR HONOR.

WE WILL DO

THAT.
THE COURT:

AND THEN THE QUESTION ABOUT THE EXHIBITS

THAT WERE LODGED?
MS. NUGENT:

WE DIDN'T TALK ABOUT IT ON FRIDAY.

I

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UNDERSTOOD THAT IS THE DATE FOR DEFENDANT TO LODGE FINANCIAL

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INFORMATION.

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THE COURT:

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MS. NUGENT:

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THE COURT:

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MR. LAFAYETTE:

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THE COURT:

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I BELIEVE IT WAS LODGED.
OKAY.
IS THAT RIGHT, FRANCES?
THAT'S RIGHT, YOUR HONOR.

FRANCES, YOU HAVE THEM?

THE LODGED

EXHIBITS FROM FRIDAY.

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THE CLERK:

THE WHAT EXHIBITS?

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THE COURT:

THE LODGED EXHIBITS WITH THE FINANCIALS.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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DO YOU HAVE THOSE?

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DRAWER ON AT MY DESK.

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I LOCKED IT UP IN MY

SO, I GOT THEM ON FRIDAY.
WE DID GET THEM.

THE COURT:

THEY ARE SEALED.

WE

HAVEN'T SEEN THEM BUT WE HAVE THEM.
OKAY.

SO THAT'S GREAT.

CAN SOMEONE TELL ME WHO WE ARE

EXPECTING TODAY?

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YES, I HAVE IT.

THE CLERK:

MS. NUGENT:

YES.

FIRST, WE WILL BE CALLING ERIC

PEREZ.

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THE CLERK:

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MS. NUGENT:

OKAY.
FOLLOWED BY BILL WESSELMAN.

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W-E-S-S-E-L-M-A-N.

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EKELEMU. E-K-E-L-E-M-U.

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E-K-E-L-E-M-U.

AND THEN ODEMENA.

HIS FIRST NAME IS

HIS LAST NAME IS EKELEMU.

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THE COURT:

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MS. NUGENT:

AND THEN CHRISTINE LAYNE, WHO IS HERE

THE COURT:

AND DO WE HAVE DEPOSITIONS FOR EACH OF

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WITH US.

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OKAY.

THOSE?
MS. NUGENT:

YOU DO.

MR. PEREZ AND MR. (SIC) LAYNE

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BUT NOT FOR MR. WESSELMAN OR MR. EKELEMU.

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WITNESS BINDERS FOR ALL FOUR.

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THE COURT:

OKAY.

TERRIFIC.

BUT WE WILL HAVE

IF THERE IS NOTHING

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ELSE, WE WILL GET STARTED.

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TAKE BUT ABOUT 20 MINUTES OR SO, AND THEN WE WILL MOVE

MY OPENING INSTRUCTIONS SHOULDN'T

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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STRAIGHT INTO OPENINGS.

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MS. NUGENT:

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WANTED TO RAISE NOW.

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THE COURT:

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MS. NUGENT:

THERE WAS ONE OTHER ISSUE EXHIBIT 70 I

OKAY.
THAT IS THE PLAINTIFF'S PERSONNEL FILE.

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AND WE WERE PLANNING ON JUST HAVING IT AUTHENTICATED BY DURING

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MS. LAYNE DURING HER EXAMINATION.

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IT WAS -- THE WAY IT WAS PRESENTED, THOUGH, WAS TO -- ONE

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OF THE UNION GUYS, CHRIS PALACIO, IN THE GRIEVANCE PROCESS.

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IT HAS NOTHING TO DO WITH THE GRIEVANCE BUT THAT'S JUST THE

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COVER LETTER SAYS SOMETHING ABOUT THE GRIEVANCE.

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I JUST WANTED TO TAKE UP THAT ISSUE NOW SINCE THE PARTIES

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HAVE ALREADY AGREED THAT WE ARE NOT GOING TO BE DISCUSSING

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EITHER THE GRIEVANCE OR ANY INVESTIGATIONS.

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PERSONNEL FILE FOR THE AUTHENTICATION.

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MR. LAFAYETTE:

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COVER LETTER?

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COVER LETTER --

ARE YOU PROPOSING TO TAKE OFF THE

I'M LOOKING AT IT, AND IT LOOKS LIKE IT HAS THE

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THE CLERK:

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MR. LAFAYETTE:

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YOU'RE OFF THE MIKE.
I AM SORRY.

IT LOOKS LIKE IT JUST CONTAINS THE COVER LETTER FROM THE

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UNION ON THE FRONT.

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HONOR.

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THEN I DON'T HAVE A PROBLEM WITH IT.

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IT IS JUST THE

SO LET'S TALK -- I'LL TALK WITH HER, YOUR

I THINK WE CAN REMOVE A COUPLE OF PAGES FROM IT, AND

THE COURT:

ALL RIGHT.

WHY DON'T YOU GUYS TALK.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

WE

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WILL STAND IN RECESS UNTIL THE JURY GETS HERE.

(RECESS TAKEN AT 8:08 A.M.; RESUMED AT 8:34 A.M.)

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THE CLERK:

REMAIN SEATED.

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THE COURT:

OKAY.

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THANK YOU.

GOOD MORNING.

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COURT IS IN SESSION.

JURY IS HERE.

LET'S CALL THEM IN.

WELCOME BACK.

(PROCEEDINGS HELD IN THE PRESENCE OF THE JURY.)

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THE CLERK:

YOU CAN GO AHEAD AND BE SEATED.

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THE COURT:

ALL RIGHT.

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REMEMBER HOW TO DO THIS?

SO WE ARE MISSING -- DO WE

MR. LUNA, YOU ARE IN THE FIRST SEAT.

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THEN JOSHUA IS IN THE SECOND SEAT, VERONICA IS IN THE THIRD

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SEAT.

NO.

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UP FRONT, VERONICA.

YOU ARE UP FRONT.

THE CLERK:

THEN YOU SHOULD HAVE THE BINDER THAT

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THE COURT:

VERONICA, YOU COME UP FRONT.

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THE CLERK:

YOU WILL GET -- YOU WILL GET YOUR ORDER

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MATCHES.

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ALL SET.

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MATCHES?

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YOUR BINDER MATCHES.

THE COURT:

EVERYBODY HAS A NUMBER THAT

NOW, WE ARE ALL SET?

YEAH?

OKAY.

YOU MAY ALL BE SEATED, AND WE WILL GO BACK ON THE RECORD.

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THE RECORD WILL REFLECT WE ARE BACK ON THE RECORD.

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JURORS ARE HERE.

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SO, IT WON'T TAKE YOU VERY LONG FOR YOU TO START FILING IN IN

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THE RIGHT ORDER, SO THAT YOU'RE NOT JUMPING ALL OVER EACH

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OTHER.

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WELCOME BACK.

THEY ARE NOW IN THEIR PROPER SEAT.

I HOPE YOU HAD A GREAT WEEKEND.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

ALL THE
OKAY?

I HAVE A

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FEW INSTRUCTIONS FOR YOU THIS MORNING TO GET STARTED.

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HAVE THERE ON YOUR SEATS YOUR BINDERS.

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HAVE PAPER FOR YOU TO TAKE NOTES, IF YOU SO CHOOSE.

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BEGINNING OF EVERY DAY, YOU WILL RECEIVE PICTURES OF THE

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WITNESSES WHO TESTIFIED THE DAY BEFORE TO HELP YOU REMEMBER

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WHO SAID WHAT.

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YOU

SO THOSE BINDERS WILL
AT THE

IN THE POCKET IS -- ARE SOME BLANK NOTES IN CASE YOU --

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AND WE ARE GOING TO TALK ABOUT THOSE DURING MY INSTRUCTIONS IN

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CASE YOU HAVE QUESTIONS.

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THERE IS A VERY IMPORTANT PAGE.

THE VERY FIRST PAGE OF

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YOUR BINDER REMINDS YOU ABOUT ALL MY DO NOTS.

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ACTUALLY PUT THEM ON THE COVER OF THE BINDERS AND REALIZED NO

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ONE EVER LOOKED AT THEM.

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EVERY TIME YOU OPEN UP THAT BOOK, YOU WILL SEE THE REMINDERS

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OF ALL THE DO NOTS, WHICH ARE PARTICULARLY IMPORTANT NOW THAT

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WE LIVE IN AN ELECTRONIC AGE.

I USED TO

I FIGURED I'D TRY THE FIRST PAGE.

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ALL RIGHT.

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SO YOU ARE NOW THE JURY IN THIS CASE, AND IT IS MY DUTY TO

LET'S GET STARTED.

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INSTRUCT YOU ON THE LAW.

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FROM ALL THE EVIDENCE IN THE CASE.

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APPLY THE LAW AS I GIVE IT TO YOU, AND YOU MUST FOLLOW THE LAW

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AS I GIVE IT TO YOU WHETHER YOU LIKE IT OR NOT OR AGREE WITH

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IT OR NOT.

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OR DISLIKES, OPINIONS, PREJUDICES OR SYMPATHY.

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MUST DECIDE THE CASE SOLELY ON THE EVIDENCE BEFORE YOU, AND

IT IS YOUR DUTY TO FIND THE FACTS
TO THOSE FACTS, YOU WILL

YOU MUST NOT BE INFLUENCED BY ANY PERSONAL LIKES
THAT MEANS YOU

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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YOU WILL RECALL THAT YOU TOOK AN OATH TO DO SO.
AT THE END OF THE TRIAL I WILL GIVE YOU FINAL

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INSTRUCTIONS.

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YOUR DUTIES AND DELIBERATIONS.

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IT IS THOSE FINAL INSTRUCTIONS THAT WILL GOVERN

PLEASE DO NOT READ INTO THESE INSTRUCTIONS OR ANYTHING I

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MAY SAY OR DO TO SUGGEST THAT I HAVE AN OPINION REGARDING THE

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EVIDENCE OR WHAT YOUR VERDICT SHOULD BE.

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TO HELP YOU FOLLOW THE EVIDENCE, I'LL GIVE YOU A VERY
BRIEF SUMMARY OF THE POSITIONS OF THE PARTIES.

THE PLAINTIFF

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IS CIARA NEWTON.

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DEFENDANT DOES BUSINESS AS SHELL OIL PRODUCTS U.S.

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THROUGHOUT THE TRIAL YOU MAY HEAR THE DEFENDANT REFERRED TO AS

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SHELL OIL, OR SHELL, OR EQUILON, IT'S ALL THE DEFENDANT.

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OKAY?

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THE DEFENDANT IS EQUILON ENTERPRISES, LLC.
SO

THE PLAINTIFF ASSERTS THAT EMPLOYEES OF THE DEFENDANT

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HARASSED HER BECAUSE OF HER GENDER.

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DISCRIMINATED AGAINST HER BECAUSE OF HER GENDER.

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DEFENDANT RETALIATED AGAINST HER FOR REPORTING HARASSMENT OR

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DISCRIMINATION.

THE DEFENDANT
THE

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THE DEFENDANT FAILED TO TAKE REASONABLE STEPS TO PREVENT

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DISCRIMINATION, HARASSMENT OR RETALIATION, AND THE DEFENDANT

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DISCHARGED HER FOR REPORT REG SAFETY ISSUES.

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HAS THE BURDEN TO PROVE THESE CLAIMS.

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THOSE CLAIMS AND ALSO CONTENDS THAT PLAINTIFFS CLAIM FOR

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GENDER-BASED HARASSMENT IS TIME BARRED.

THE PLAINTIFF

THE DEFENDANT DENIES

THAT SHE FAILED TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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REASONABLY AVAIL HERSELF OF THE DEFENDANTS INTERNAL COMPLAINT

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PROCESS WHILE EMPLOYED, THAT SHE FAILED TO TAKE REASONABLE

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STEPS TO MINIMIZE HER DAMAGES AFTER TERMINATION, AND THAT

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DEFENDANT DISCHARGED HER AND WOULD IN ANY EVENT HAVE

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DISCHARGED HER FOR UNSATISFACTORY JOB PERFORMANCE.

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WHEN A PARTY HAS THE BURDEN OF PROVING A CLAIM OR

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AFFIRMATIVE DEFENSE BY WHAT WE CALL A PREPONDERANCE OF THE

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EVIDENCE, IT MEANS THAT YOU MUST BE PERSUADED BY THE EVIDENCE,

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THAT THE CLAIM OR AFFIRMATIVE DEFENSE IS OR PROBABLY IS MORE

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PROBABLY TRUE THAN NOT.

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WEEK, MORE PROBABLY TRUE THAN NOT.

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DECISION ON ALL OF THE EVIDENCE REGARDLESS OF WHICH PARTY

13

PRESENTED IT.

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THAT IS WHAT WE TALKED ABOUT LAST
YOU SHOULD BASE YOUR

AT THE END OF THE TRIAL, I WILL INSTRUCT YOU IF A PARTY

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HAS THE BURDEN OF PROVING ANY CLAIM OR DEFENSE BY WHAT WE CALL

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CLEAR AND CONVINCING EVIDENCE.

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PRESENT EVIDENCE THAT LEAVES YOU WITH A FIRM BELIEF OR

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CONVICTION THAT IT IS HIGHLY PROBABLE THAT THE FACTUAL

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CONTENTIONS OF THE CLAIM OR DEFENSE ARE TRUE, AND THIS IS

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OBVIOUSLY A HIGHER STANDARD THAN THE BURDEN -- THAN A

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PREPONDERANCE OF THE EVIDENCE BUT IS NOT AS GREAT AS THE

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CRIMINAL BURDEN WHICH IS PROOF BEYOND A REASONABLE DOUBT.

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I'LL EXPLAIN ALL OF THAT TO YOU AT THE END OF THE TRIAL.

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THAT MEANS THAT A PARTY MUST

SO WHAT IS THE EVIDENCE THAT YOU CAN CONSIDER?

THE

EVIDENCE YOU CAN CONSIDER IN DECIDING WHAT THE FACTS ARE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

BUT

 13

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CONSISTS OF THE FOLLOWING:

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WITNESSES; THAT IS, WHOEVER SITS THERE IN THAT CHAIR, RAISE

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THEIR HAND, THEY TAKE AN OATH, THEIR TESTIMONY CAN BE

4

CONSIDERED.

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INTO EVIDENCE FOR YOUR CONSIDERATION.

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PARTIES HAVE AGREED, AND THERE ARE A FEW AND I WILL EXPLAIN

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THOSE TO YOU LATER.

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ACCEPT AS TRUE.

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ONE, THE SWORN TESTIMONY OF THE

THE EXHIBITS THAT I ADMIT INTO EVIDENCE ADMIT
ANY FACTS TO WHICH THE

AND ANY FACTS THAT I INSTRUCT YOU TO

THAT'S THE EVIDENCE.

SO WHAT IS NOT EVIDENCE?

IN REACHING YOUR VERDICT,

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CERTAIN THINGS ARE NOT EVIDENCE AND YOU MAY BE CONSIDER THEM

11

IN DECIDING WHAT THE FACTS ARE.

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I WILL LIST THEM FOR YOU.

ONE, ARGUMENTS AND STATEMENTS OF THE LAWYERS ARE NOT

13

EVIDENCE.

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THEIR OPENING STATEMENTS, CLOSING ARGUMENTS, AND AT OTHER

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TIMES DURING THE TRIAL IS INTENDED TO HELP YOU UNDERSTAND AND

16

INTERPRET THE EVIDENCE, BUT IT IS NOT EVIDENCE.

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ARE NOT TAKING AN OATH.

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AN OATH.

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THE LAWYERS ARE NOT WITNESSES.

WHAT THEY SAY IN

RIGHT?

YOU WILL NEVER SEE THE LAWYERS TAKE

WHAT THEY SAY IS NOT EVIDENCE.

IF THE FACTS ARE AS YOU REMEMBER THEM DIFFER FROM THE WAY

20

IN WHICH THE LAWYERS HAVE STATED THEM, YOUR MEMORY OF THE

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EVIDENCE AND OF THE FACTS CONTROLS.

22

THEY

THE QUESTIONS AND THE OBJECTIONS BY THE LAWYERS ARE NOT

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EVIDENCE.

24

THEY BELIEVE A QUESTION IS IMPROPER UNDER THE RULES OF

25

EVIDENCE AND YOU SHOULD NOT BE INFLUENCED BY THE OBJECTION OR

LAWYERS HAVE A DUTY TO THEIR CLIENTS TO OBJECT WHEN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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MY RULING ON IT.
TESTIMONY THAT IS STRICKEN OR EXCLUDED OR THAT YOU ARE

3

INSTRUCTED TO DISREGARD IS NOT EVIDENCE AND YOU MAY NOT

4

CONSIDER IT.

5

FOR A VERY LIMITED PURPOSE, AND I WILL INSTRUCT YOU HOW AND

6

WHEN TO CONSIDER THAT EVIDENCE FOR THAT LIMITED PURPOSE AND

7

YOU MUST DO SO AND MAY NOT CONSIDER THE EVIDENCE FOR ANY OTHER

8

PURPOSE.

9

STRIKE IT.

IN ADDITION, THERE MAY BE SOME EVIDENCE RECEIVED

SOMETIMES SOMETHING IS SAID AND THEN I HAVE TO
WHAT I DO WHEN I AM TAKING NOTES IS I LITERALLY

10

STRIKE THROUGH IT AS A REMINDER THAT I CAN'T THINK ABOUT THAT.

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ANYTHING YOU HAVE SEEN OR HEARD WHEN COURT IS NOT IN SESSION

12

IS NOT EVIDENCE.

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EVIDENCE RECEIVED.

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YOU ARE TO DECIDE THE CASE SOLELY ON THE

SO EVIDENCE CAN BE WHAT WE CALL DIRECT OR CIRCUMSTANTIAL.

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DIRECT EVIDENCE IS DIRECT PROOF OF A FACT, SUCH AS THE

16

TESTIMONY BY A WITNESS ABOUT WHAT THAT WITNESS PERSONALLY SAW

17

OR HEARD OR DID.

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MORE FACTS FROM WHICH YOU MIGHT FIND ANOTHER FACT.

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YOU SHOULD CONSIDER BOTH KINDS OF EVIDENCE.

CIRCUMSTANTIAL EVIDENCE IS PROOF OF ONE OR

THE LAW MAKES

20

NO DISTINCTION BETWEEN THE WEIGHT TO BE GIVEN TO EITHER

21

DIRECT -- EITHER DIRECT OR CIRCUMSTANTIAL EVIDENCE.

22

YOU TO DECIDE HOW MUCH WEIGHT TO GIVE ANY EVIDENCE.

23

LET ME GIVE YOU AN EXAMPLE.

IT IS FOR

IF YOU WAKE UP IN THE MORNING

24

AND YOU SEE THAT THE SIDEWALK IS WET, YOU MIGHT CONCLUDE FROM

25

THAT FACT THAT YOU SAW THAT IT WAS WET, THAT IT RAINED DURING

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 15

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THE NIGHT.

2

ON GARDEN HOSE.

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FOR WHY THE SIDEWALK WAS WET.

4

HAS BEEN PROVED BY CIRCUMSTANTIAL EVIDENCE, YOU SHOULD

5

CONSIDER ALL THE EVIDENCE IN THE LIGHT OF REASON, EXPERIENCE

6

AND COMMON SENSE.

7

NOW, OTHER EVIDENCE MIGHT EXIST, SUCH AS A TURNED
THAT WOULD PROVIDE A DIFFERENT EXPLANATION
BEFORE YOU DECIDE THAT A FACT

YOU MAY CONSIDER THE ABILITY OF EACH PARTY TO PROVIDE

8

EVIDENCE.

9

HAVE PROVIDED STRONGER EVIDENCE, YOU MAY DISTRUST THE WEAKER

IF A PARTY PROVIDED WEAKER EVIDENCE WHEN IT COULD

10

EVIDENCE.

11

AGAINST HER OR IT WHEN SHE OR IT COULD HAVE REASONABLY BEEN

12

EXPECTED TO HAVE DONE SO BASED UPON WHAT SHE OR IT KNEW, YOU

13

MAY CONSIDER HER OR ITS FAILURE TO EXPLAIN OR DENY IN

14

EVALUATING THAT EVIDENCE.

15

IF A PARTY FAILED TO EXPLAIN OR DENY EVIDENCE

AGAIN, IT IS UP TO YOU TO DECIDE THE MEANING AND

16

IMPORTANCE OF THE FAILURE TO EXPLAIN OR DENY EVIDENCE AGAINST

17

A PARTY.

18

THERE ARE RULES OF EVIDENCE THAT CAN CONTROL WHAT CAN BE

19

RECEIVED INTO EVIDENCE AND, WHEN A LAWYER ASKS A QUESTION OR

20

OFFERS AN EXHIBIT INTO EVIDENCE AND THE OTHER LAWYER THINKS IT

21

IS NOT PERMITTED BY THE RULES OF EVIDENCE, THAT LAWYER MAY

22

OBJECT.

23

ANSWERED AND THE BE EXHIBIT NOT RECEIVED.

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OBJECTION TO A QUESTION, YOU MUST IGNORE THAT QUESTION AND

25

MUST NOT GUESS WHAT YOU THINK THE ANSWER MIGHT HAVE BEEN.

IF I SUSTAIN THE OBJECTION, THE QUESTION CANNOT BE
IF I SUSTAIN AN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 16

1

SOMETIMES I MAY ORDER THAT EVIDENCE BE STRICKEN FROM THE

2

RECORD AND YOU MUST IGNORE THAT.

3

OBVIOUSLY, YOU CANNOT CONSIDER STRICKEN HAD EVIDENCE.

4

DECIDING THE FACTS OF THIS CASE, YOU MAY HAVE TO DECIDE WHAT

5

TESTIMONY TO BELIEVE OR NOT TO BELIEVE.

6

JURORS TO BELIEVE EVERYTHING A WITNESS SAYS OR JUST PART OF IT

7

OR NONE OF IT.

8

I'LL REPEAT IT NOW.

9

MAY TAKE INTO ACCOUNT THE FOLLOWING:

IN DECIDING THE CASE,
IN

YOU HAVE THE RIGHT AS

I RAISED THIS DURING VOIR DIRE LAST WEEK.
IN CONSIDERING A WITNESS'S TESTIMONY, YOU
ONE, THE OPPORTUNITY AND

10

ABILITY OF THE WITNESS TO SEE OR HEAR OR KNOW THE THINGS THAT

11

THEY ARE TESTIFYING TO.

12

THE WITNESS'S MANNER WHILE TESTIFYING.

13

INTEREST IN THE OUTCOME OF THE INDICATION CASE, IF ANY.

14

THE WITNESS'S BIAS OR PREJUDICE, IF ANY.

15

EVIDENCE CONTRADICTED THE WITNESS'S TESTIMONY.

16

TWO, THE WITNESS'S MEMORY.

FOUR, THE WITNESS'S
FIVE,

SIX, WHETHER OTHER

SEVEN, THE REASONABLENESS OF THE WITNESS'S TESTIMONY IN

17

LIGHT OF ALL THE OTHER EVIDENCE.

18

THAT YOU BELIEVE BEARS ON BELIEVABILITY.

19

THREE,

AND EIGHT, ANY OTHER FACTOR

SOMETIMES A WITNESS MAY SAY SOMETHING THAT IS NOT

20

CONSISTENT WITH SOMETHING ELSE HE OR SHE SAID.

21

DIFFERENT WITNESSES HAVE DIFFERENT VERSIONS OF WHAT HAPPENED.

22

PEOPLE OFTEN FORGET THINGS OR MAKE MISTAKES IN WHAT THEY

23

REMEMBER.

24

IT DIFFERENTLY.

25

SOMETIMES

ALSO TWO PEOPLE MAY SEE THE SAME EVENT BUT REMEMBER

YOU MAY CONSIDER THESE DIFFERENCES BUT DO NOT DECIDE THAT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 17

1

TESTIMONY IS UNTRUE JUST BECAUSE IT DIFFERS FROM OTHER

2

TESTIMONY.

3

HOWEVER, IF YOU DECIDE THAT A WITNESS HAS DELIBERATELY

4

TESTIFIED UNTRUTHFULLY ABOUT SOMETHING BEING IMPORTANT, YOU

5

MAY CHOOSE NOT TO BELIEVE ANYTHING THAT WITNESS SAID.

6

ON THE OTHER HAND, IF YOU THINK THE WITNESS TESTIFIED

7

UNTRUTHFULLY ABOUT SOME THINGS BUT TOLD THE TRUTH ABOUT

8

OTHERS, YOU MAY ACCEPT THE PART THAT YOU THINK IS TRUE AND

9

IGNORE THE REST.

10

THE WEIGHT OF THE EVIDENCE AS TO A FACT DOES NOT

11

NECESSARILY DEPEND ON THE NUMBER OF WITNESSES WHO TESTIFY.

12

WHAT IS IMPORTANT IS HOW BELIEVABLE THE WITNESSES WERE AND HOW

13

MUCH WEIGHT YOU THINK THEIR TESTIMONY DESERVES.

14

I URGE YOU TO PAY CLOSE ATTENTION TO THE TRIAL TESTIMONY

15

AS IT IS GIVEN.

16

TRANSCRIPT OF THE TRIAL TESTIMONY.

17

WHO REMEMBERS EVERYTHING I TOLD YOU LAST FRIDAY DURING VOIR

18

DIRE?

19

QUESTIONS, WOULD YOU REALLY REMEMBER ALL THOSE DETAILS?

20

YOU MIGHT THINK ABOUT TAKING SOME NOTES.

DURING DELIBERATIONS YOU WILL NOT HAVE A
SO LET ME ASK YOU THIS:

I'M SURE YOU REMEMBER SOME OF IT.

BUT IF I ASKED YOU
SO

21

NOW, YOU CAN TAKE NOTES TO HELP YOU REMEMBER THE EVIDENCE

22

AND, IF YOU DO TAKE NOTES, KEEP THEM TO YOURSELF UNTIL YOU GO

23

INTO THE JURY ROOM TO DECIDE THE CASE.

24

NOTE-TAKING ULTIMATELY DISTRACT YOU.

25

LOOK AT THE WITNESS AND HEAR THE WITNESS AND THINK ABOUT

BUT DON'T LET
THAT IS, YOU NEED TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 18

1
2

THINGS COLLECTIVELY AS WELL.
WHEN YOU LEAVE AT THE END OF EACH DAY, YOU SHOULD LEAVE

3

YOUR NOTES IN THE JURY ROOM.

4

SECURED SPACE.

5

ON YOUR MEMORY OF THE EVIDENCE.

6

MEMORY AND YOU SHOULD NOT BE OVERLY INFLUENCED BY YOUR NOTES

7

OR THOSE OF OTHER JURORS.

8
9

NO ONE WILL READ THEM.

WHETHER OR NOT YOU TAKE NOTES, YOU SHOULD RELY
NOTES ARE ONLY TO ASSIST YOUR

YOU ARE ALLOWED IN MY COURTROOM.

NOT ALL COURTROOMS BUT

IN MY COURTROOM, YOU ARE ALLOWED TO PROPOSE WRITTEN QUESTIONS

10

TO WITNESSES AFTER THE LAWYERS HAVE COMPLETED THEIR

11

QUESTIONING OF THE WITNESSES.

12

IT IS A

YOU MAY PROPOSE QUESTIONS IN ORDER TO CLARIFY THE

13

TESTIMONY.

14

WITNESS, AND YOU ARE NOT TO ARGUE WITH THE WITNESS IN YOUR

15

QUESTIONS.

BUT YOU ARE NOT TO EXPRESS ANY OPINION ABOUT THE

16

IF YOU PROPOSE A QUESTION, REMEMBER THAT YOUR ROLE IS TO

17

BE THE NEUTRAL FACT FINDER, NOT AN ADVOCATE FOR EITHER SIDE.

18

BEFORE I EXCUSE A WITNESS, I WILL OFFER YOU THE OPPORTUNITY TO

19

WRITE THEM DOWN AND PROVIDE THEM TO ME IN THE FORM THAT'S IN

20

YOUR BOOK.

21

DETERMINE WHETHER IT IS LEGALLY PROPER.

22

QUESTIONS THAT I DO NOT PERMIT AND I WILL NOT ASK.

23

I HAVE CHANGED THE WORDING SUBMITTED BY THE JUROR TO MAKE IT

24

APPROPRIATE.

25

EVIDENCE OR SOME OTHER REASON IT OR IT MAY HAPPEN BECAUSE THE

I WILL REVIEW THE QUESTION WITH THE ATTORNEYS TO
THERE ARE SOME
SOME WHERE

THIS MIGHT HAPPEN EITHER DUE TO THE RULES OF

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 19

1
2

QUESTION IS EXPECTED TO BE ANSWERED LATER IN THE TRIAL.
IF I DO NOT ASK A QUESTION OR IF I REPHRASE IT, DO NOT

3

SPECULATE AS TO THE REASONS.

4

THE QUESTIONS YOU OR OTHER JURORS PROPOSE.

5

AND DO NOT GIVE UNDUE WEIGHT TO

YOU SHOULD EVALUATE THE ANSWERS TO THOSE QUESTIONS IN THE

6

SAME MANNER THAT YOU EVALUATE ALL OTHER EVIDENCE.

7

YOU THE OPPORTUNITY TO PROPOSE QUESTIONS I'M NOT SUGGESTING OR

8

REQUESTING THAT YOU DO SO.

9

IS NOT ASKED A QUESTION BECAUSE IT IS OBJECTIONABLE OR BECAUSE

10
11

BY GIVING

IT IS OFTEN THE CASE THAT A LAWYER

A LATER WITNESS MAY ADDRESS THE TOPIC.
FROM TIME TO TIME, IT MAY BE NECESSARY FOR ME TO TALK WITH

12

THE LAWYERS OUT OF YOUR HEARING OR HAVING A CONFERENCE ON THE

13

SIDE OF THE BENCH OR CALL A RECESS.

14

YOU ARE WAITING, WE ARE WORKING.

15

CONFERENCES IS NOT TO KEEP RELEVANT INFORMATION FROM YOU BUT

16

TO DECIDE HOW CERTAIN ARE EVIDENCE IS TO BE TREATED UNDER THE

17

RULES OF EVIDENCE AND TO AVOID ANY CONFUSION OR ERROR.

18

PLEASE UNDERSTAND WHILE

THE PURPOSE OF THESE

WE WILL DO WHAT WE CAN TO KEEP THESE -- THE NUMBER AND

19

LENGTH OF THESE CONFERENCES TO A MINIMUM.

20

GRANT ATTORNEYS' REQUEST FOR A CONFERENCE.

21

START YOUR DAY WITH US AND WE MEET AFTER, SO I TRY TO TAKE

22

CARE OF THESE THINGS WHEN YOU ARE NOT HERE.

23

THE GRANTING OR DENYING OF A CONFERENCE AS ANY INDICATION OF

24

MY OPINION OF THE CASE OR WHAT YOUR VERDICT SHOULD BE.

25

TRIALS PROCEED IN THE FOLLOWING WAY.

I MAY NOT ALWAYS
WE MEET BEFORE YOU

DO NOT CONSIDER

AFTER I'M DONE HERE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 20

1

EACH SIDE WILL MAKE AN OPENING STATEMENT.

2

OPENING STATEMENT IS NOT EVIDENCE.

3

OUTLINE TO HELP YOU UNDERSTAND WHAT THE PARTY EXPECTS THE

4

EVIDENCE WILL SHOW.

5

REMEMBER, AN

IT'S BEEN SIMPLY AN

A PARTY IS NOT REQUIRED TO MAKE AN OPENING STATEMENT,

6

ALTHOUGH HERE I BELIEVE BOTH WILL.

7

PRESENT EVIDENCE AND COUNSEL FOR THE DEFENSE WILL

8

CROSS-EXAMINE.

9

AND COUNSEL FOR THE PLAINTIFF MAY CROSS-EXAMINE.

THE PLAINTIFF WILL THEN

THEN THE DEFENDANT WILL PRESENT ITS EVIDENCE
AFTER ALL

10

THE EVIDENCE IS PRESENTED, I'LL INSTRUCT YOU AGAIN ON THE LAW

11

THAT APPLIES TO THIS CASE.

12

ARGUMENTS, AND THEN YOU WILL GO TO THE JURY ROOM TO DELIBERATE

13

ON YOUR VERDICT.

14

THE ATTORNEYS WILL MAKE CLOSING

NOW, ONE OF THE THINGS I LIKE TO DO IS EXPLAIN TO

15

JURORS -- I USE THE FOLLOWING ANALOGY AND THAT IS KIND OF LIKE

16

A PUZZLE.

17

PUZZLER.

18

ABSOLUTELY NOTHING IN IT.

THE PUZZLES -- THE PIECES OF THE

19

PUZZLE LIKE THE EVIDENCE.

WHAT IS GOING TO HAPPEN WITH THE

20

OPENINGS IS EACH SIDE IS GOING TO TELL YOU WHAT THEY THINK

21

THAT COVER OF THE PUZZLE BOX LOOKS LIKE.

THEY ARE GOING TO

22

TELL YOU WHAT THEY THINK THAT PICTURE IS.

AS WE GO THROUGH

23

THE TRIAL, EVERYTHING WE PUT INTO THAT BOX ARE LIKE THE PIECES

24

OF THE PUZZLE.

25

ARE GOING TO KEEP THEM IN THAT BOX.

ANY OF YOU LIKE TO DO A PUZZLES?
RIGHT NOW, WE HAVE A PUZZLE BOX.

I'M A BIG
THERE IS

ALL THAT TESTIMONY, ALL THOSE DOCUMENTS, WE
RIGHT NOW MUCH THE BOX IS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 21
OPENING STATEMENT - NUGENT
1

EMPTY.

2

AT THE END OF THE TRIAL, THEY ARE GOING TO GO BACK AND

3

ARGUE AND TELL YOU WHAT ALL THAT EVIDENCE THAT WE PUT IN THAT

4

BOX LOOKS LIKE.

5

GET TO PUT ALL THE PIECES OF THE PUZZLE TOGETHER TO TELL US

6

WHAT YOU THINK THE FACTS ARE.

7

YOU GET TO DECIDE WHAT IT LOOKS LIKE.

YOU

NOW IT'S REALLY IMPORTANT THAT NOTHING GOES INTO THAT BOX

8

THAT NOT IN THIS COURTROOM.

9

HEAR EVERYTHING, ALL THOSE VARIOUS PIECES THAT GO INTO THAT

RIGHT?

BECAUSE EVERYBODY GETS TO

10

BOX.

11

DOING RESEARCH AND ANALYSIS AND YOUR OWN KIND OF INDEPENDENT

12

WORK ON THIS CASE, BUT I'LL REMIND YOU AGAIN ABOUT THAT.

13

AND THAT'S WHY I HAVE INSTRUCTED YOU BEFORE ABOUT NOT

BUT IT IS IMPORTANT FOR EVERYBODY TO HAVE A FAIR TRIAL,

14

THAT WE ALL KNOW WHAT WE ARE ALL LOOKING AT IN TERMS OF

15

PUTTING TOGETHER THE PIECES OF THE PUZZLE IN THIS CASE.

16

ALL RIGHT.

17

OPENING STATEMENT.

SO NOW I'M GOING TO INVITE MS. NUGENT TO GIVE HER

18

MS. NUGENT:

19

THE COURT:

THANK YOU, YOUR HONOR.
YOU'RE WELCOME.

20

OPENING STATEMENT

21

(DISPLAYED ON SCREEN.)

22

OKAY?

MS. NUGENT:

CIARA NEWTON HAD BEEN A PROCESS OPERATOR

23

AT SHELL'S REFINERY IN MARTINEZ FOR ABOUT EIGHT MONTHS WHEN

24

SHE ARRIVED TO WORK FOR WHAT SHE EXPECTED TO BE A REGULAR

25

MONDAY MORNING.

SHE NOTICED THAT THERE WERE A LOT MORE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 22
OPENING STATEMENT - NUGENT
1

COLLEAGUES IN THE AREA THAN THERE USUALLY WERE WHEN SHE GOT TO

2

WORK.

3

BUT IT DIDN'T STRIKE HER AS TOO ODD, AT LEAST NOT YET.

SHE DID WHAT SHE USUALLY DID.

SHE MET WITH THE PERSON WHO

4

WORKED THE SHIFT BEFORE HER AT NIGHT AND GOT A ROUTINE

5

BRIEFING.

6

TO KEEP AN EYE ON, AND THEN SHE RETURNED TO HER DESK.

7

THINGS THAT SHE WOULD HAVE TO LOOK OUT FOR, THINGS

AND ON IT SHE FOUND A STICKER, THE KIND OF STICKER THAT

8

PEOPLE WEAR ON HARD HATS AT THE REFINERY.

9

SHOW IT TO YOU, BUT, BEFORE I DO, I DO WANT TO APOLOGIZE.

AND I'M GOING TO

10

WORDS ON IT ARE OFFENSIVE, BUT IT IS IMPORTANT TO KNOW WHAT

11

MS. NEWTON ENCOUNTERED AT WORK.

12

PUSSY HURTS, JUST STAY HOME.

13

THIS WAS THE STICKER, IF YOUR

SHE LOOKED AROUND TO SEE IF THERE WAS A STICKER ON ANYONE

14

ELSE'S DESK.

15

COLLEAGUES STARING AT HER, WAITING FOR A REACTION.

16

BEEN SINGLED OUT, AGAIN.

17

THE

THERE WASN'T.

SHE COULD FEEL ALL THOSE
SHE HAD

SHE TALKED WITH HER COLLEAGUE BILL WESSELMAN.

YOU WILL

18

HEAR FROM HIM AND THEY DISCUSSED THE STICKER, AND HE TOO WAS

19

OFFENDED WHEN HE SAW IT.

20

IT TO OUR SUPERVISOR.

21

SUPERVISORS.

22

ERIC PEREZ AND YOU WILL HEAR FROM HIM TODAY, AND SHE ALSO

23

SHOWED IT TO HER DIRECT SUPERVISOR AT THAT TIME.

24

RICHARD METCALF.

25

HE SAID COME INTO MY OFFICE.

HE TOLD HER TAKE A PHOTO OF IT, SHOW

AND SO SHE DID.

SHE SHOWED IT TO TWO

ONE WHO WAS TWO LEVELS ABOVE HER.

HIS NAME IS

HIS NAME IS

WHEN MR. METCALF FOUND OUT ABOUT THE STICKER
AND THEN HE ASKED HER, ARE YOU

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 23
OPENING STATEMENT - NUGENT
1

EASILY OFFENDED?

2

TO GET ALONG WITH EVERYBODY AND DO MY JOB.

3

SHE WAS OFFENDED.

SHE TOLD HIM, I JUST WANT

MR. WESSELMAN WHO ENCOURAGED HER TO TAKE A PHOTO OF THE

4

STICKER COMES FROM A LAW ENFORCEMENT BACKGROUND, AND HE

5

EXPECTED THAT SHELL WOULD INVESTIGATE WHO BROUGHT IT IN.

6

SHELL NEVER DID.

7

MS. NEWTON'S DESK.

8

WE STILL DON'T KNOW WHO PUT THAT STICKER ON

YOU'LL HEAR IN THIS CASE THAT, INSTEAD OF CONDUCTING ANY

9

INVESTIGATION, INSTEAD OF ENSURING MS. NEWTON WAS TREATED LIKE

10

HER COLLEAGUES, HELD TO THE SAME STANDARDS, YOU WILL HEAR THAT

11

INSTEAD OF ENSURING THAT HER RIGHTS WERE PROTECTED LIKE ALL OF

12

HER COLLEAGUES, SHELL INSTEAD CHOSE TO ENGAGE IN A CAMPAIGN TO

13

DRIVE HER OUT OF THE JOB AND, IN THE END, THEY SUCCEEDED.

14

WE'RE NOT JUST HERE ABOUT A STICKER THOUGH.

THAT WAS JUST

15

ONE EVENT IN A WHOLE CAMPAIGN OF EVENTS, AND IT IS ALL OF

16

THAT, THAT BRINGS US HERE TODAY.

17

LET'S GO BACK AND TAKE A LOOK AT WHO THE PARTIES ARE.

18

THE INSTRUCTIONS YOU JUST HEARD, THERE WAS SOME OF THIS

19

INFORMATION.

20

ENTERPRISES, DOING BUSINESS AS SHELL.

21

ARE THE SAME.

22

PICTURE OF IT.

23

IN

THE DEFENDANT, AS THE JUDGE TOLD YOU, IS EQUILON
FOR OUR PURPOSES THEY

THE REFINERY IS IN MARTINEZ, AND THIS IS THE

THE EVENTS IN THIS CASE PRIMARILY TOOK PLACE BETWEEN

24

JANUARY AND SEPTEMBER 2016.

25

THE PLAINTIFF, CIARA NEWTON.

NOW, I WANT TO INTRODUCE YOU TO
SHE WAS BORN IN BERKELEY, RAISED

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 24
OPENING STATEMENT - NUGENT
1

IN PINOLE.

2

INCLUDING HER DAD.

3

HER BROTHER-IN-LAW WORKS IN THE REFINERY NOW.

4

DENTAL ASSISTANT FOR SEVERAL YEARS BUT THERE WASN'T A LOT

5

OF -- IT WASN'T A PATH FOR HER REALLY TO MAKE THE BETTER LIFE

6

THAT SHE REALLY WANTED.

SHE KNEW PEOPLE WHO WORKED IN REFINERIES,
HE WAS A PIPE FITTER AND AN IRON WORKER.
SHE WORKED AS A

7

AND SO SHE DECIDED TO JOIN A VOCATIONAL PROGRAM THAT IS

8

RUN OUT OF THE CONTRA COSTA COUNTY, IN CONJUNCTION WITH THE

9

CHEVRON REFINERY.

AND IN THAT PROGRAM YOU'RE GOING TO HEAR

10

FROM HER INSTRUCTOR, MICHAEL JOYCE.

11

FOR SOMEONE LIKE HER WITHOUT A BACKGROUND IN THIS TYPE OF

12

INDUSTRY, SHE LEARNED THE KNOWLEDGE, THE TRAINING, THE

13

FUNDAMENTAL SKILLS NECESSARY TO GET ONE OF THESE ENTRY LEVEL

14

OPERATOR JOBS AT A REFINERY.

15

HARD TO GET A FOOT IN THE DOOR THERE, BUT THE VOCATIONAL

16

PROGRAM GAVE HER THE SKILLS THAT SHE NEEDED.

17

SHE LEARNED -- ESPECIALLY

THEY ARE SOUGHT AFTER.

YOU WILL HEAR FROM HER TRAINER THAT SHE WAS AN EXCEPTIONAL

18

STUDENT.

19

BROTHER-IN-LAW WAS IN THAT CLASS.

20

HIM, AND HE DESCRIBED HER AS EXCEPTIONAL.

21

IT IS

SHE HAD THE HIGHEST GPA IN THE CLASS.

HER

SHE HAD A HIGHER GPA THAN

ONE IMPORTANT PART OF ABOUT THAT CLASS THAT SHE TOOK IS

22

THE CURRICULUM FOCUSED A LOT ON SAFETY BECAUSE THINGS CAN GO

23

WRONG IN REFINERIES AND YOU WILL HEAR THAT.

24

TRAINING THAT MR. JOYCE GAVE THE TRAINEES, HE TOLD THEM WHAT

25

COULD HAPPEN IF THEY WERE THINGS LIKE COMPLACENCY IN THE

AS PART OF THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 25
OPENING STATEMENT - NUGENT
1

REFINERY, AND THAT HAS A SPECIFIC MEANING IN THAT INDUSTRY.

2

COMPLACENCY MEANS IF EQUIPMENT IS BROKEN AND IT DOESN'T GET

3

FIXED, IF SOMETHING HAPPENS AND IT DOESN'T GET REPORTED, THAT

4

TYPE OF COMPLACENCY CAN LEAD TO SERIOUS THINGS DOWN THE LINE,

5

AND SO THINGS NEED TO BE DEALT WITH.

6

THAT.

7

SO SHE LEARNED ABOUT

SHE SAW VIDEOS OF WHAT COULD HAPPEN WHEN THINGS WENT

8

WRONG, WHEN THERE WAS COMPLACENCY, AND SHE TOOK THAT SAFETY

9

MINDSET WITH HER TO THE REFINERY AT SHELL.

10

SHE ACTUALLY GOT

THE JOB AT SHELL BEFORE SHE FINISHED THE VOCATIONAL PROGRAM.

11

SHE INTERVIEWED IN LATE BE 2015.

12

OF THE MEN AT SHELL WHO INTERVIEWED HER.

13

THAT SHE WAS A VERY GOOD CANDIDATE.

14

DRIVEN, INTELLIGENT AND SHE ACTUALLY GOT ONE OF THE HIGHER

15

SCORES ON THE ENTRANCE EXAM THERE AT SHELL.

16

MECHANICAL APTITUDE EXAM.

17

YOU WILL HEAR THERE ONE
HE WILL TELL YOU

HE DESCRIBES HER AS

IT WAS A

MS. NEWTON STARTED AT SHELL AS A NEW HIRE IN JANUARY 2016.

18

THIS IS A PHOTO OF HER NEW HIRE CLASS.

19

THERE ARE MOSTLY MEN IN THE CLASS, 18 MEN AND FOUR WOMEN.

20

ONLY PERSON IN THIS PHOTO WHO IS NOT ONE OF THE NEW HIRES IS

21

THE FELLOW ALL THE WAY TO THE LEFT.

22

HE WAS ONE OF THE TRAINERS, JEFF ANDRE.

23

HIM.

24

FRONT OF HER IN THE LEATHER JACKET.

25

YOU WILL NOTICE THAT
THE

THE BURGUNDY SHIRT ON.
YOU MAY HEAR FROM

MS. NEWTON IS IN THE BACK THERE, AND MR. WESSELMAN IS IN

YOU WILL ALSO HEAR FROM A COUPLE OF THE OTHER MEN IN THIS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 26
OPENING STATEMENT - NUGENT
1

NEW HIRE CLASS.

2

TWO OUT OF THE FOUR WOMEN WERE FIRED.

3

CLASSROOM TRAINING AT SHELL, LASTED SIX WEEKS, ALL OF THE NEW

4

OPERATORS OR NEW HIRES WERE PUT INTO DIFFERENT DEPARTMENTS,

5

AND MS. NEWTON WAS AS ASSIGNED TO OPERATION CENTRAL, AND

6

YOU'LL HEAR IT REFERRED TO OPCEN.

7

YOU WILL HEAR ALL 18 MEN PASSED PROBATION.
AFTER THE PORTION OF

RIGHT?

OPERATION CENTRAL.

AND WHEN SHE FIRST STARTED THERE, SHE TRAINED UNDER

8

SOMEONE NAMED JEFF FISCHER.

9

MR. FISCHER WAS NOT HAPPY THAT MS. NEWTON HAD BEEN ASSIGNED TO

AND YOU'RE GOING TO HEAR THAT

10

HIS DEPARTMENT.

11

MAKE IT IN OPCEN.

12

MAKING IT EVEN THOUGH HE STEREOTYPED HER AS NOT MECHANICALLY

13

INCLINED, EVEN THOUGH HE SAID, SOME OF YOU WOULDN'T BE HERE IF

14

I WAS DOING THE HIRING.

15

HE TOLD HER, WOMEN DON'T LAST.

WOMEN DON'T

BUT MS. NEWTON WAS MAKING IT.

SHE WAS

I SAID THAT YOU'RE GOING TO HEAR FROM A COUPLE OF OTHER

16

MEN IN HER NEW HIRE CLASS AND THEY WILL DESCRIBE WHAT IT WAS

17

LIKE TRAINING UNDER JEFF FISCHER AND WHAT THAT ENVIRONMENT WAS

18

LIKE.

19

IN EARLY MARCH 2016, ABOUT TWO MONTHS INTO MS. FISCHER'S

20

(SIC) JOB AT SHELL, HER DAD UNEXPECTEDLY DIED.

21

CLOSE.

22

BACK, SHE WAS BE STILL TRAINING UNDER MR. FISCHER.

23

TOLD HER, I DON'T HAVE TIME TO CATCH YOU UP.

24

OWN.

25

SHE MISSED ABOUT FIVE DAYS OF WORK.

THEY WERE VERY

AND WHEN SHE CAME
AND HE

SHE WAS ON HER

BUT SHE CAUGHT UP.
BY LATE MAY, SHE HAD PASSED ALL OF SHELL'S TESTS; THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 27
OPENING STATEMENT - NUGENT
1

WRITTEN TEST, THE FIELD TEST, EVERYTHING THAT SHE NEEDED TO

2

QUALIFY AS AN OPERATOR ON HER UNIT.

3

TO HAVE OTHER OPERATORS DIRECTLY OBSERVE HER WORKING WITH THE

4

EQUIPMENT AND SIGNING OFF ON HER ABILITY TO DO THINGS.

5

MEANT PASSING ALL OF THE TESTS.

6

AND YOU ARE GOING TO SEE IT, THAT THE OPERATORS HAVE.

AND

7

ONCE YOU GET ALL OF THE SIGNATURES, YOU'RE QUALIFIED.

SO BY

8

THE END OF MAY, SHE HAD ALL THOSE SIGNATURES.

9

BENEFITS OF BEING QUALIFIED IS THAT YOU COULD SWITCH SHIFTS

10

WITH OTHER QUALIFIED OPERATORS.

11

INDUSTRIES.

12

THAT MEANS THAT SHE HAD

IT

AND THERE IS ONE CHECKLIST,

AND ONE OF THE

HAPPENS IN A LOT OF

IF YOU BOTH AGREE, YOU CAN SWITCH YOUR SHIFTS.

SHE HAD ARRANGED TO DO THAT, SO SHE COULD BE IN A FRIEND'S

13

WEDDING OVER MEMORIAL DAY WEEKEND.

14

ON THE LAST SHIFT THAT SHE HAD BEFORE THAT WEEKEND, BEFORE SHE

15

LEFT THE REFINERY, MR. FISCHER TOOK HER COMPLETED QUALIFIED

16

PAPERWORK AND HE WHITED OUT ONE OF THE SIGNATURES OF ONE OF

17

THE OPERATORS WHO HAD QUALIFIED HER.

18

SAME SIGNATURES ON HER MALE COWORKERS' QUALIFICATION

19

PAPERWORK.

20

YOU ARE GOING TO HEAR THAT

HE DIDN'T WHITE OUT THE

SHE WAS SINGLED OUT.

I TALKED A LITTLE ABOUT SAFETY IN THE VOCATIONAL PROGRAM.

21

YOU'RE GOING TO HEAR ALSO ABOUT SAFETY AT THE REFINERY.

22

THERE'S NO QUESTION; SAFETY IS CRITICAL.

23

OPERATORS TO BE SAFE.

24

EMPLOYEES PROGRESS REPORTS USUALLY EVERY 30 DAYS, AND EVERY

25

PROGRESS REPORT THAT MS. NEWTON GOT SAID SOMETHING ABOUT HER

SHELL TRAINS ITS

DURING PROBATION, SHELL GIVES ITS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 28
OPENING STATEMENT - NUGENT
1

SAFETY CONSCIOUSNESS OR HER HABITS.

2

IT'S ALSO IMPORTANT TO NOTE WHEN YOU LOOK AT THE PROGRESS

3

REPORTS IN THIS CASE THAT EVERYONE HAS A QUESTION AT THE END,

4

AND IT SAYS, BASED ON YOUR RECOMMENDATION -- IN OTHER WORDS,

5

BASED ON WHAT THE SUPERVISOR HAS SEEN OF THIS PERSON -- WOULD

6

YOU RECOMMEND THEY CONTINUE AS AN EQUILON EMPLOYEE?

7

PROGRESS REPORT SHE GOT SAID YES.

8
9
10

AND EVERY

LET'S TAKE A LOOK AT THE PROGRESS REPORTS, SOME EXCERPTS
FROM THE PROGRESS REPORTS WHEN IT CAME TO SAFETY.
THE FIRST ONE SHE GOT IN 30 DAYS, THAT WAS GIVEN BY JEFF

11

ANDRE.

12

THE PHOTO.

13

SAFETY RULES OF THE REFINERY, AND THEY HAVE SAFETY MEETINGS IN

14

THE MORNINGS WHERE SOMEONE PRESENTS A TOPIC.

15

PRESENTED A TOPIC IN THOSE FIRST 30 DAYS WHICH TALKED ABOUT

16

COMPLACENCY AND MAINTAINING AWARENESS.

17

REMEMBERED THAT FROM THE VOCATIONAL PROGRAM.

18

THAT'S THE FELLOW IN THE BURGUNDY SHIRT THAT WE SAW IN

60 DAYS, SAME THING.

19

SAFE.

20

TO LEARN.

21

HE TALKS ABOUT HER BEGINNING TO UNDERSTAND THE

AND SHE HAD

IT'S LIKELY THAT SHE

COMMENTS ABOUT MS. NEWTON BEING

ALTHOUGH NEW TO REFINING, SHE WAS ATTENTIVE AND EAGER

90 DAYS.

THIS WILL BECOME IMPORTANT AS YOU HEAR SOME OF

22

THE EVIDENCE COMING IN IN THE CASE.

23

PUT ON GOGGLES.

24

RECOMMENDED SHE REMAIN AS AN EQUILON EMPLOYEE.

25

150 DAYS.

ALWAYS THE FIRST ONE TO

THAT IS FROM JEFF FISCHER.

VERY SAFETY MINDED.

HE ALSO

RECOMMEND SHE CONTINUE AS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 29
OPENING STATEMENT - NUGENT
1

AN EMPLOYEE.

2

FROM, CAMERON CURRAN.

THAT WAS ALSO FROM SOMEONE ELSE YOU WILL HEAR

3

180 DAYS, THAT WAS THE -- AGAIN FROM CAMERON CURRAN.

4

FOLLOWS PRESCRIBED SAFETY STANDARDS THAT IS THE CATEGORY SHE

5

FELL INTO.

6

PROGRESS REPORT.

7

SHE

THERE WAS AN X MARKED NEXT TO THAT ON THAT

AND THEN THE LAST PROGRESS REPORT SHE GOT, 240 DAYS, FROM

8

RICHARD METCALF.

9

OPERATOR, STARTS HER WORK PROMPTLY AT THE BEGINNING OF HER

HE SAID SHE IS LEARNING TO BE A SAFE

10

SHIFT, AND COMPLETES HER WORK.

11

ALTHOUGH HE RECOMMENDED THAT SHE CONTINUE AS AN EMPLOYEE ON

12

THAT PROGRESS REPORT, SHE WAS FIRED A WEEK AFTER THAT.

13

IT'S IMPORTANT TO NOTE THAT

MS. NEWTON WAS NOT ONLY CONSCIOUS ABOUT SAFETY, SHE WAS

14

PROACTIVE IN MAKING SURE THAT SHE WAS FOLLOWING HER TRAINING.

15

I WILL GIVE YOU ONE EXAMPLE.

16

IN JUNE OF 2016, SHE DISCOVERED THAT THERE WAS A SIGHT

17

GLASS ON A TANK THAT CONTAINED SULFURIC ACID THAT WASN'T

18

WORKING.

19

TANK.

20

THE TANK TO OVERFILL AND THEN HAVE A SPILL OF THIS ACID.

21

THE SIGHT GLASS INDICATES THE LEVEL OF LIQUID IN A

SO IT'S IMPORTANT THAT IT WORKS BECAUSE YOU DON'T WANT

SO WHEN SHE REALIZED THAT IT WASN'T WORKING, SHE NOTED

22

THAT IN HER SHIFT REPORT FOR THE DAY AND WAS HOPING THAT IT

23

GOT FIXED.

24

DIDN'T GET FIXED.

25

SHE SAW IT WASN'T WORKING A FEW TIMES, BUT IT

AND SURE ENOUGH, ON JULY 4TH, SHE FOUND THERE HAD BEEN A

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 30
OPENING STATEMENT - NUGENT
1

SPILL OF SULFURIC ACID ON THAT VERY TANK.

2

HAPPENED ON A SHIFT BEFORE HERS, BUT WHEN SHE FOUND OUT ABOUT

3

IT, IT HADN'T BEEN WRITTEN DOWN ANYWHERE.

4

LOGGED IN ANY OF THE REPORTS THAT SHELL USES FOR THOSE TYPES

5

OF EVENTS.

6

THE SPILL HAD

IT HADN'T BEEN

SO SHE FOUND OUT ABOUT IT, SHE WENT TO INVESTIGATE IT.

7

SHE LOOKED AT THE SHELL MANUAL TO SEE HOW TO DEAL WITH THAT

8

TYPE EVENT.

9

TO GO TALK TO HER SUPERVISOR AT THAT TIME, CAMERON CURRAN.

10

SHE PUT IT IN HER SHIFT REPORT, AND THEN SHE WENT

WHEN CAMERON CURRAN FOUND OUT SHE HAD PUT IT IN HER SHIFT

11

REPORT, HE WAS UPSET.

12

GUYS IN TROUBLE.

13

OPERATOR.

14

A RAT OR A TATTLETALE.

15

HE TOLD HER, YOU'RE GOING TO GET THE

YOU NEED TO HANDLE THIS OPERATOR TO

IF YOU DON'T, YOU'RE GOING TO GET THE REPUTATION OF

MS. NEWTON WAS TRYING TO FOLLOW HER TRAINING.

BUT YOU ARE

16

GOING TO HEAR THAT SHE GOT THE MESSAGE, THAT THE GUYS WATCH

17

OUT FOR EACH OTHER, AND THAT SHE WAS A THREAT TO THAT.

18

SHORTLY AFTER THAT, BOTH MR. CURRAN AND MS. NEWTON HAD A

19

REGULARLY SCHEDULED WEEK OFF.

20

SCHEDULES WORK AT THE REFINERY.

21

WEEK OFF AND IT WAS MID-JULY, AND AT THAT POINT MS. NEWTON HAD

22

REPORTED TO MR. CURRAN FOR ABOUT TWO MONTHS.

23

THAT IS HOW THE ROTATIONAL
THEY CAME BACK AFTER THEIR

I TALKED ABOUT THE PROGRESS LOGS THAT SHELL HAS EVERY 30

24

DAYS OR SO.

25

DISCIPLINE LOG OR PD LOG, OR PD FILE.

THERE IS ALSO SOMETHING CALLED A POSITIVE
YOU ARE GOING TO HEAR

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 31
OPENING STATEMENT - NUGENT
1

THAT TERMINOLOGY IN THE CASE.

2

SHELL CAN DOCUMENT THE PROGRESS OF ITS OPERATORS.

3

IT IS ALSO SOMETHING WHERE

AND IN THE TWO MONTHS THAT MS. NEWTON HAD BEEN REPORTING

4

TO MR. CURRAN BEFORE THE SULFURIC ACID SPILL, HE HAD NEVER

5

MADE ANY ENTRY ON HER PD LOG; NOTHING POSITIVE, NOTHING

6

NEGATIVE, NOTHING NEUTRAL.

7

RETURNED FROM THAT WEEK OFF, HE WROTE HER UP SEVEN TIMES IN

8

THREE DAYS.

9

JUST NOTHING.

BUT AFTER THEY

HE WROTE HER UP FOR THINGS LIKE ADMITTING SHE DIDN'T KNOW

10

HOW TO DO SOMETHING, FOR SHOWING HER HOW TO DO SOMETHING FOR

11

THE FIRST TIME.

12

WORK A CERTAIN DAY THAT SHE DIDN'T KNOW SHE WAS SUPPOSED TO

13

WORK.

14

BEEN GIVEN ACCESS TO THE ONLINE SCHEDULE. SO, HE SET HER UP ON

15

THAT.

16

IN ONE INSTANCE, HE SAID SHE WAS SUPPOSED TO

AND IN THAT CONVERSATION, THEY LEARNED SHE HAD NEVER

MS. NEWTON DID NOT KNOW OVER THOSE THREE DAYS HE WAS

17

PAPERING HER FILE.

18

THINGS IN THERE.

19

TREATED THE SAME AS THE OTHER OPERATORS.

20

TREATED THE SAME AS THE GUYS.

21

HE NEVER TOLD HER HE WAS PUTTING THOSE
WHEN SHE FOUND OUT, SHE SAID, I'M NOT BEING
I'M NOT BEING

MR. CURRAN THEN WROTE TO HIS BOSS, ERIC PEREZ, AND HE SAID

22

IN REFERENCE MS. NEWTON, SHE'S PUSHING HARD ON THE EQUALITY

23

THING.

24

MEETING BETWEEN MR. PEREZ, MS. NEWTON, A REPRESENTATIVE FROM

25

HR, AND A REPRESENTATIVE FROM THE UNION, TWO OF THEM, ONE OF

THAT WAS JULY 29TH.

A FEW DAYS LATER THERE WAS A

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 32
OPENING STATEMENT - NUGENT
1

WHICH YOU ARE GOING TO HEAR FROM.

2

AND DURING THAT MEETING MS. NEWTON TALKED ABOUT ALL OF THE

3

TREATMENT THAT SHE HAD ENDURED.

4

HAPPENED UNDER JEFF FISCHER.

5

ENTRIES IN THE PD LOG.

6

DIDN'T DO ANYTHING IN RESPONSE TO WHAT WAS SAID IN THAT

7

MEETING.

8
9

SHE TALKED ABOUT WHAT

THEY ALSO TALKED ABOUT THESE

AND YOU ARE GOING TO HEAR THAT HR

MR. PEREZ DIDN'T DO ANYTHING.

AS I SAID, THAT MEETING WAS ON AUGUST 2ND.

SHORTLY AFTER

THAT, SHE STARTED REPORTING TO HER LAST SUPERVISOR THERE,

10

RICHARD METCALF.

11

HOSTILITY, SHE WANTED TO WORK THERE, SHE WANTED TO WORK HARD

12

AND SHE WAS LEARNING HER JOB.

13

YOU HAVE A CLEAN SLATE WITH ME.

14

AND EVEN THOUGH SHE HAD BEEN SUBJECTED TO

AND THEN THE STICKER.

AND MR. METCALF TOLD HER, LOOK,

ERIC PEREZ TOLD HER THAT HE WOULD

15

INVESTIGATE.

16

THE SHIFT TEAM LEADERS, PEOPLE LIKE MR. CURRAN, MR. METCALF.

17

AND HE SAID, THE STICKER IS INAPPROPRIATE.

18

BUT DO NOT PUT ANYTHING IN THEIR PD LOGS ABOUT IT.

19

WAS IT.

20

THE ONLY THING HE DID IS SEND OUT AN EMAIL TO

TELL YOUR TEAMS
AND THAT

A FEW WEEKS LATER, MS. NEWTON FOLLOWED UP WITH MR. PEREZ.

21

HE TOLD HER TO EMAIL HIM, FOLLOW UP ON THE INVESTIGATION.

22

DID.

23

YOUR INVESTIGATION ON MY COMPLAINTS ABOUT BEING SINGLED OUT.

24

MR. PEREZ IGNORED HER.

25

THAT WAS IT.

SEPTEMBER 17TH, SHE SAYS, HI, ERIC.

SHE

FOLLOWING UP ON

HE DID FORWARD HER EMAIL TO HR.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

BUT

 33
OPENING STATEMENT - NUGENT
1

A FEW DAYS LATER, MS. NEWTON GOT HER FINAL PROGRESS REPORT

2

FROM MR. METCALF.

3

EXCERPT FROM.

4

SAT DOWN.

5

NEED TO BE.

6

START TRAINING TO QUALIFY IN YOUR SECOND JOB IN THE UNIT.

7

THAT WAS THE 240-DAY REPORT WE SAW AN

AND MR. METCALF MET WITH HER ABOUT IT.

HE EXPLAINED TO HER, AGAIN, YOU'RE RIGHT WHERE YOU
YOU HAD A CLEAN SLATE WITH ME.

MAYBE YOU SHOULD

SHE DIDN'T KNOW IF SHE WAS READY FOR THAT YET, BUT HE WAS

8

VERY ENCOURAGING TO HER.

9

SENT THAT PROGRESS REPORT OFF TO MR. PEREZ.

10

THEY

AFTER THEY HAD THE MEETING, HE THEN

SIX HOURS LATER, MR. PEREZ WROTE TO MR. METCALF AND HE

11

SAID, WE NEED TO ALIGN OUR RATINGS.

12

MR. METCALF, MR. PEREZ, AND ANOTHER SUPERVISOR THAT YOU WILL

13

HEAR FROM.

14

MR. PEREZ WAS ONE OF THE PEOPLE WHO WAS GOING TO BE WEIGHING

15

IN ON THAT PROMOTION.

16

PROMOTION DURING THAT SUMMER.

17

MR. METCALF CHANGED HIS REVIEW.

18

REVIEW TO MS. NEWTON.

19

WILL BE ABLE TO SEE THEM AND COMPARE THEM, BUT THE MOST

20

SIGNIFICANT CHANGE WAS TO THAT LAST QUESTION WE'VE TALKED

21

ABOUT.

SO THEY HAD A MEETING.

MR. METCALF WAS UP FOR A PROMOTION AT THE TIME.

MR. CURRAN WAS UP FOR THE SAME
AND AFTER THAT MEETING
THEY NEVER GAVE THE CHANGED

WE ONLY SAW IT IN THIS LITIGATION.

YOU

22

UNDER MR. METCALF, THE QUESTION, BASED ON YOUR KNOWLEDGE

23

OF THE EMPLOYEE'S PERFORMANCE TO-DATE, SHOULD THE INDIVIDUAL

24

CONTINUE AS AN EQUILON EMPLOYEE?

25

MS. NEWTON, THE REPORT SAID YES AND THEN, AFTER MEETING WITH

METCALF ORIGINALLY MET WITH

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 34
OPENING STATEMENT - NUGENT
1

MR. PEREZ, HE CHECKED YES AND NO.

2
3

(DISPLAYED ON SCREEN.)
SHELL MADE SURE THAT MS. NEWTON DIDN'T MAKE IN OPCEN.

4

THEY PUSHED HER OUT THE DOOR.

5

AND TELL YOU THAT MS. NEW NEVER REPORTED BEING TREATED

6

DIFFERENTLY OR BEING SINGLED OUT, BUT YOU WILL SEE IN THEIR

7

OWN WRITINGS THAT THAT IS NOT TRUE.

8
9

SHELL'S COUNSEL MAY GET UP HERE

THEY MAY TELL YOU THAT THE COMPANY COULDN'T INVESTIGATE
ANYTHING THAT SHE SAID BECAUSE SHE WOULDN'T GIVE THEM NAMES OF

10

PEOPLE SHE THOUGHT WERE BEING TREATED BETTER THAN HER.

11

MR. PEREZ WILL ADMIT THOUGH THEY DIDN'T NEED THAT INFORMATION

12

FROM HER TO INVESTIGATE.

13

GIVE NAMES OF OTHER PEOPLE.

14

ELSE IN TROUBLE.

15

DOESN'T MEAN SHE WANTED TO GET ANYONE ELSE'S CAREER IN

16

JEOPARDY.

17

IT IS TRUE THAT SHE WAS HESITANT TO
SHE DIDN'T WANT TO GET ANYONE

JUST BECAUSE HER CAREER WAS IN JEOPARDY

THAT IS NOT WHO SHE IS.

YOU MAY ALSO HEAR SHE WAS A POOR PERFORMER, SHE WAS A

18

SAFETY RISK, SHE HAD ATTENDANCE PROBLEMS.

19

LOOK AT ALL OF THE EVIDENCE CRITICALLY.

20

ATTENDANCE.

21

MARCH, BUT LOOK AT WHAT HER ATTENDANCE WAS FOR THE OTHER

22

MONTHS AND FOR APRIL AND MA AND JUNE AND JULY AND AUGUST AND

23

SEPTEMBER.

BUT YOUR JOB IS TO

LOOK AT HER

SHE WILL ADMIT SHE WAS LATE AFTER HER DAD DIED IN

24

LOOK AT HOW THINGS THAT SHE REPORTED WHEN IT CAME TO

25

SAFETY WERE TREATED COMPARED TO HOW THEY TREATED THINGS WHEN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 35
OPENING STATEMENT - NUGENT
1
2

THEY SAY SHE WAS A SAFETY RISK ABOUT.
SHELL MADE IT CLEAR TO HER THAT SHE HAD TO DO EVERYTHING

3

PERFECTLY THE FIRST TIME BUT THE GUYS DIDN'T, AND THAT IS THE

4

DOUBLE STANDARD.

5

LET'S TALK A LITTLE BIT ABOUT WHAT HAPPENED AFTER SHE WAS

6

FIRED.

7

REFINERY.

8

IT WAS CHALLENGING.

9

WOULD HAVE BEEN MAKING SIX FIGURES VERY QUICKLY.

10

MS. NEWTON LIVES IN BENECIA VERY CLOSE TO THE
SHE LIKED THE JOB BECAUSE SHE WAS LEARNING THINGS,
IT PROVIDED A BETTER PATH FOR HER.

IT WAS HARD TO FIND A JOB LIKE THAT AFTER SHE WAS FIRED.

11

IT'S HARD TO GET A FOOT IN THE DOOR IN THE FIRST PLACE.

12

YOU'RE GOING TO HEAR THAT.

13

JOB AFTER YOU'VE BEEN FIRED FROM ONE.

14

SHE HAS PICKED HERSELF BACK UP.

15

IT'S VERY HARD TO FIND A REFINERY
SHE'S A WORKER THOUGH.

SHE NOW WORKS FOR ALASKA AIRLINES AT SFO.

16

FROM THE BOTTOM AGAIN.

17

MINIMUM WAGE.

18

ADVANCE IN THAT COMPANY.

19

SHE

SHE'S STARTING

SHE STARTED AT SUB-SAN FRANCISCO

THE COMMUTE IS LONG, BUT SHE DOES HOPE TO

YOU WILL HEAR FROM AN EXPERT ECONOMIST WHO WILL TELL YOU

20

WHAT HER ANALYSIS IS OF MS. NEWTON'S LOST WAGES TO DATE, THAT

21

IS FROM THE DATE OF THE TERMINATION UNTIL TODAY, THE FIRST

22

DATE OF TRIAL MINUS WHAT SHE'S EARNED AT OTHER JOBS.

23

TOTAL IS $213,419.

24
25

AND THAT

AND YOU'RE ALSO GOING TO HEAR FROM THE EXPERT ECONOMIST
THAT IT'S UNLIKELY THAT MS. NEWTON IS EVER GOING TO CATCH UP

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 36
OPENING STATEMENT - NUGENT
1

TO WHAT SHE WOULD HAVE BEEN MAKING AT SHELL WITH WHAT HER

2

TRAJECTORY IS NOW FOR HER JOB.

3

CAREER WORKING LIFE, YOU WILL HEAR THAT THE IMPACT THIS HAS

4

HAD ON HER FINANCIALLY IS VERY SIGNIFICANT.

5

UNTIL 2042, THIS IS THE FIGURE FOR HER FUTURE EARNINGS

6

DIFFERENTIAL FOR HER LIFE.

7

AND SO OVER HER LIFETIME, HER

SO TAKING OUT

BUT THAT IS -- IT'S DAMAGE TO THE WALLET.

THERE IS DAMAGE

8

TO THE PERSON.

9

WAS LIKE TO WORK AT SHELL AND ESPECIALLY WHAT IT WAS LIKE TO

YOU WILL HEAR FROM MS. NEWTON ABOUT WHAT IT

10

BE FIRED FROM THERE.

11

WAS EMBARRASSED.

12

HAVE TO TELL PEOPLE, I DON'T WORK AT SHELL ANYMORE.

13

JOB.

14

DEVASTATING FOR HER SELF-CONFIDENCE AND HER SELF-WORTH.

SHE FELT SHAME, ANXIETY, STRESS.

SHE

SHE AVOIDED SOCIAL SITUATIONS SO SHE DIDN'T

SHE HAD STOMACH PROBLEMS, ACNE, FATIGUE.

I LOST MY

IT WAS

15

AT THE TIME SHE WAS SUPPORTING HER MOM AFTER HER DAD'S

16

DEATH, AND SHE WAS IN LINE TO BUY THE FAMILY HOME THAT HER MOM

17

AND SISTER LIVED IN.

18

SHE LOST HER JOB, SHE LOST THE MORTGAGE AND THEY LOST THE

19

OPPORTUNITY TO BUY THE FAMILY HOME.

20

LITTLE SISTER, BRIANNA NEWTON, ABOUT THE CHANGES SHE SAW IN

21

HER SISTER AFTER THIS.

22

CONFIDENCE BEFORE AND AFTER AND THE IMPACT SHE SAW AND THE

23

OBSERVATIONS SHE MADE WITH HER SISTER.

24
25

SHE HAD PREQUALIFIED FOR A LOAN.

WHEN

YOU WILL HEAR FROM HER

SHE'LL DESCRIBE HER SISTER'S

YOU WILL HEAR AT THE END THAT SHELL IS AS RESPONSIBLE TO
COMPENSATE MS. NEWTON FOR THOSE LOSSES AS WELL AS HER ECONOMIC

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 37
OPENING STATEMENT - NUGENT
1
2

LOSS.
LET'S TALK A LITTLE BIT ABOUT THE CLAIMS.

YOU WILL HEAR

3

MUCH MORE ABOUT THIS AS THE JUDGE INSTRUCTED YOU AT THE END.

4

THERE ARE FIVE CLAIMS IN THIS CASE.

5

DISCRIMINATION, GENDER HARASSMENT, FAILURE TO PREVENT

6

DISCRIMINATION AND HARASSMENT, RETALIATION FOR REPORTING

7

DISCRIMINATION AND HARASSMENT, AND THEN ANOTHER TYPE OF

8

RETALIATION -- IT IS UNDER THE LABOR CODE -- AND IT IS

9

RETALIATION FOR DISCLOSING THAT ACID SPILL AND THEN GETTING

10

WRITTEN UP BY MR. CURRAN AND EVERYTHING THAT HAPPENED AFTER

11

THAT.

12

THERE IS GENDER

I HAVE TO LAUGH AT THE NEXT SLIDE.

I DIDN'T REALIZE WHAT

13

WAS GOING TO BE IN YOUR INSTRUCTIONS BUT IT TRULY IS A

14

SITUATION WHERE WITNESSES ARE GOING TO COME OUT OF ORDER.

15

ARE NOT GOING TO HEAR EVERYTHING CHRONOLOGICALLY.

16

HAS THEIR PIECE.

17

YOU WILL HAVE TO PUT IT TOGETHER OUT OF ORDER AND YOU WILL GET

18

THE WHOLE PICTURE AT THE END.

19

SO HOW CAN THIS BE FIXED?

YOU

EVERYONE

EVERY DOCUMENT HAS ITS PLACE IN THE CASE.

20

(DISPLAYED ON SCREEN.)

21

YOU CAN FIND THAT SHELL VIOLATED THE LAW AND HOLD IT

22

ACCOUNTABLE AND REQUIRE SHELL TO FULLY COMPENSATE MS. NEWTON

23

FOR THE HARM IT CAUSED HER.

24
25

AT THE END OF THE CASE, WE WILL ASK YOU TO RETURN A
VERDICT IN HER FAVOR.

AND I JUST WANT TO THANK YOU.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

I KNOW

 38
OPENING STATEMENT - LAFAYETTE
1

MANY OF YOU ARE COMING FROM FAR AWAY, MIGHT NOT GET MUCH

2

SLEEP.

3

YOUR PATIENCE AND ESPECIALLY YOUR SERVICE TO THIS IMPORTANT

4

CASE.

BUT THANK YOU FOR BEING HERE, FOR YOUR ATTENTION, FOR

5
6

THE COURT:

THANK YOU, MS. NUGENT.

MR. LAFAYETTE.

7

MR. LAFAYETTE:

THANK YOU, YOUR HONOR.

8

(PAUSE IN THE PROCEEDINGS.)

9

OPENING STATEMENT

10

(DISPLAYED ON SCREEN.)

11

MR. LAFAYETTE:

GOOD MORNING.

I'VE LISTENED, AND NOW

12

I'M GOING TO TELL YOU A DIFFERENT SET OF FACTS ABOUT WHAT

13

HAPPENED IN THIS CASE.

14

BIT ABOUT THIS REFINERY.

15

HUNDRED YEARS AGO -- A LITTLE OVER THAN A HUNDRED YEARS AGO.

16

IT HAS BEEN THERE EVER SINCE THEN.

17

REFINERY.

18

IT'S OVER A THOUSAND ACRES LARGE.

19

REFINERY BY DRIVING CARS, BY DRIVING TRUCKS.

20

INDIVIDUALS COME TO THIS REFINERY, THEY ARE NOT WORKING IN ONE

21

BUILDING IN ONE LOCATION DOING ONE THING.

22

DIFFERENT FACILITIES DOING DIFFERENT THINGS.

23

THIS, YOU CAN START SEEING THE SCALE OF THE OPERATION HERE.

24
25

FIRST, I'M GOING TO TELL YOU A LITTLE
THIS REFINERY OPENED APPROXIMATELY A

THIS REFINERY IS A LARGE

THIS IS NOT A REFINERY THAT IS A SMALL FACILITY.
PEOPLE GET AROUND THIS
SO WHEN

THEY ARE WORKING IN
WHEN YOU LOOK AT

IN ADDITION TO THAT, WHEN PEOPLE DON'T WORK SOUNDLY, WHEN
PEOPLE DON'T WORK CAREFULLY, WHEN PEOPLE DON'T PAY ATTENTION

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 39
OPENING STATEMENT - LAFAYETTE
1

TO WHAT THEY ARE DOING, THIS IS A WORKPLACE THAT CAN BE

2

UNFORGIVING BECAUSE PEOPLE CAN DIE IN THIS WORKPLACE WHEN

3

PEOPLE DON'T DO THAT.

4

DOES IT, SOMEONE DIES; MAYBE NOT THE SECOND TIME SOMEONE DOES

5

IT, SOMEONE DIES.

6

SUSTAINED BEHAVIOR OF SAFETY AND ADHERENCE TO SAFETY

7

PROTOCOLS.

8
9

AND MAYBE NOT THE FIRST TIME SOMEBODY

BUT WHAT YOU ARE ULTIMATELY LOOKING FOR IS

NOW, SHELL DOESN'T JUST ACCEPT EVERYBODY WHO WALKS OFF THE
STREET.

HISTORICALLY, IT HAS LOOKED TO PEOPLE WHO HAD CERTAIN

10

TYPES OF SKILL SETS TO WORK HAD IN THESE POSITIONS.

11

THEY WERE PEOPLE WITH MILITARY BACKGROUND, PEOPLE WHO HAD

12

PREVIOUS HEAVY INDUSTRY EXPERIENCE, PEOPLE WHO HAD WHAT IS

13

REFERRED TO AS A PTEC DEGREE.

14

SOPHISTICATED KNOWLEDGE, NOT AN AWARENESS KNOWLEDGE BUT A

15

SOPHISTICATED KNOWLEDGE OF WORKING HANDS ON WITH THE TYPES OF

16

MACHINE TO THE EQUIPMENT THAT THEY HAVE OUT THERE THAT ARE

17

PROCESSING APPROXIMATELY 165 BARRELS OF CRUDE EVERY DAY.

18

PEOPLE WHO CAME IN WITH A

THAT IS NOT THE BACKGROUND THAT MS. NEWTON CAME WITH.

19

THAT'S ALL RIGHT.

20

TALK ABOUT WHAT HAPPENED.

21

OFTEN

THAT'S ALL RIGHT.

BUT

SHE CAME IN AND LET'S

WHAT HAPPENED HERE REALLY STARTS ON THIS DAY, JULY 19.

22

BECAUSE ON THE DAY BEFORE THAT CAMERON CURRAN WROTE AN EMAIL

23

TO HIS BOSS, ERIC PEREZ, AND HE SAID, THERE'S SOME PERFORMANCE

24

ISSUES AND WE NEED TO DEAL WITH THEM.

25

THINGS IN THE EMAIL, AND THESE WERE PERFORMANCE ISSUES THAT

BASICALLY, LAID OUT TWO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 40
OPENING STATEMENT - LAFAYETTE
1
2

WERE NOT INSIGNIFICANT PERFORMANCE ISSUES.
NOW, AT THIS POINT IN TIME, MS. NEWTON HAD BEEN WORKING AT

3

THIS REFINERY FOR OVER SEVEN MONTHS.

4

COMPREHENSIVE PROGRAM THAT SHELL PUTS ON FOR PEOPLE.

5

TWO MONTHS, IN-CLASS TRAINING; ORIENTATION.

AND IN THAT THEY

6

ARE SPECIFICALLY TOLD ABOUT CERTAIN THINGS.

IF YOU HAVE A

7

PROBLEM WITH ANYONE IN THIS REFINERY, YOU HAVE MULTIPLE

8

AVENUES OF COMPLAINING.

9

BOSS, OR ANYBODY IN THE LINE.

SHE HAD GONE THROUGH THE
FIRST

YOU CAN GO TO YOUR BOSS, YOUR BOSS'
GO TO HUMAN RESOURCES OR

10

ANYBODY IN HUMAN RESOURCES.

11

YOU WANT TO COMPLAIN.

12

THAT, WE HAVE ANONYMOUS HELP LINE CALL IN CAN SAY, LOOK, I

13

HAVE A PROBLEM AND I WANT SOMEBODY TO DEAL WITH IT.

14

THIS DAY, JULY 19, 2016, THERE IS NO EVIDENCE AND THERE WILL

15

BE NO EVIDENCE THAT MS. NEWTON EVER COMPLAINED TO ANYONE THAT

16

SHE THOUGHT THAT SHE WAS BEING TREATED DIFFERENTLY IN THIS

17

WORKPLACE BECAUSE SHE WAS A WOMAN OR THAT ANYBODY HAD DONE

18

ANYTHING TO HER THAT SHE FOUND OFFENSIVE BECAUSE SHE WAS A

19

WOMAN.

20

BE NO EVIDENCE IN THIS TRIAL THAT SAYS THAT IT HAPPENED.

21

INSTEAD, LET'S SEE WHAT DOES HAPPEN ON THIS DATE.

22

ON THIS DAY, MR. PEREZ WRITES THIS EMAIL.

24
25

IF YOU ARE UNCOMFORTABLE WITH ANY OF

THAT NEVER HAPPENED.

23

YOU CAN GO -- THE OMBUDSMAN, IF

NEVER HAPPENED.

AS OF

AND THERE WILL

(DISPLAYED ON SCREEN.)
I'M NOT SURE IF YOU CAN SEE IT .THAT'S ALL RIGHT.
HELP YOU.

IT READS AS FOLLOWS.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

I'LL

 41
OPENING STATEMENT - LAFAYETTE
1

NOW -- HE'S NOW THOUGHT ABOUT WHAT MR. CURRAN HAS TOLD HIM

2

AND HE'S NOW LOOKED AT HER PD LOG.

3

WHERE YOU ACTUALLY WRITE THINGS ON IT POSITIVE THINGS IF THERE

4

IS SOMETHING POSITIVE TO SAY ABOUT SOMEONE, NEGATIVE IF THERE

5

IS SOMETHING NEGATIVE TO SAY AND COACHINGS.

6

SOMEONE AND YOU SAID, LOOK, I NEED TO COACH YOU.

7

TO UNDERSTAND BETTER.

8

THE PD LOG.

9

NEED TO TALK ABOUT, YOU NEED TO COUNSEL SOMEONE, YOU PUT IT ON

NOW, THE PD LOG IS A LOG

IF YOU WENT UP TO

I WANT YOU TO IMPROVE.

I WANT YOU

YOU PUT IT ON

IF YOU THINK THERE'S A COUNSELING ISSUE THAT YOU

10

THE PD LOG.

11

THAT JUSTIFIES SOME TYPE OF PUNITIVE ACTION BE TAKEN AGAINST

12

THEM, YOU CAN PUT THOSE AND YOU WON'T SEE THOSE ON HER LOG.

13

YOU'RE NOT GOING TO SEE AN ORAL REMINDER, WRITTEN REMINDER,

14

ANYTHING LIKE THAT.

15

COUNSELINGS ON HER PD LOG.

16

THINK WE HAVE A FEW THINGS GOING ON HERE.

17

AROUND BEING LATE.

18

AND THEN, IF YOU THINK THEY'VE DONE SOMETHING

YOU SEE COACHINGS, AND YOU WILL SEE
WHAT DID HE WRITE?

BEING LATE AT A REFINERY IS IMPORTANT.

HE WRITES, I

HER BEHAVIORS

PEOPLE WHO WORK

19

THERE WORK 12-HOUR SHIFTS.

WHEN THEY WERE READY TO GO HOME,

20

THEY ARE READY TO GO HOME.

THE REFINERY WORKS 24/7.

21

NEVER, EVER STOPS.

22

SOMEONE THERE EVERY MINUTE OF THE DAY, EACH ONE OF THOSE

23

POSITIONS DOING WHAT IS SUPPOSED TO BE DONE FOR THIS TO WORK.

24

IF YOU DON'T SHOW UP, SOMEBODY HAS TO STAY.

25

THAT PERSON HAS TO STAY BECAUSE NO ONE CAN LEAVE THOSE

IT

SO THERE HAS TO BE SOMEONE ONBOARD.

IF YOU'RE LATE,

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 42
OPENING STATEMENT - LAFAYETTE
1

POSITIONS UNATTENDED.

2

HE'S CONCERNED ABOUT THAT.

THEN HE SAYS, FULFILLING HER COMMITMENT OF MAKING UP THE

3

DAYS, WE LET HER SHIFT SWAP.

4

IS JULY.

5

DAY.

6

MADE UP IN THE SAME PAY PERIOD THAT IT WAS TAKEN IN.

7

PROBLEM.

8
9

OKAY.

WHAT'S THIS DATE?

THIS

I JUST HEARD THE SWIFT SWAP WAS OVER THE MEMORIAL

THAT'S ALMOST A MONTH AND A HALF AGO.

LET'S LOOK FURTHER INTO THIS.

NOT SOMETHING
THAT'S A

HER BEING HERE THIS AMOUNT

OF TIME, AS A COMPANY WE EXPECT CONTINUOUS IMPROVEMENT ON HER

10

UNIT KNOWLEDGE.

11

SHE OPENED A VALVE THAT WAS CONNECTED TO NOTHING HAS RAISED

12

SOME BIG RED FLAGS.

13

HER SAYING SHE USES DRAEGERS AND HER STATING

WHAT DOES THAT MEAN?

THAT MEANS SOMEONE WENT OVER TO A

14

BIG THING THAT HAS A LOT OF STUFF IN IT AND OPENED IT UP AND

15

SOMETHING CAME POURING OUT OF IT.

16

THEY WERE DOING.

17

AND THEY DIDN'T KNOW WHAT

THEY DIDN'T KNOW WHAT THEY WERE DOING.

YOU DO THAT TYPE OF STUFF IN A REFINERY, YOU CAN GET

18

INJURED, OTHER PEOPLE COULD GET INJURED.

19

HAPPEN.

20

WHO WORK THERE BECOME CONCERNED THAT YOU ARE NOT PROTECTING

21

THEM.

22

MORE THINGS CAN

AND THE MORE YOU DO STUFF LIKE THIS, THE MORE PEOPLE

THAT'S AN ISSUE IN THIS CASE.

WHAT DOES HE GO ON TO SAY?

HE TALKS ABOUT HOW THEY

23

RECENTLY DEALT WITH SOMEONE ELSE.

24

YOU TO SIT DOWN WITH HER.

25

BE A FORMAL, SO YOU GET A UNION PERSON TO COME IN WITH HER, SO

AND THEN HE SAID, I NEED

AND I NEED YOU -- THIS IS GOING TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 43
OPENING STATEMENT - LAFAYETTE
1

THAT THE UNION PERSON CAN HELP HER UNDERSTAND AND APPRECIATE

2

WHAT IS GOING ON HERE.

3

THEN HE SAID, AS ALWAYS WE ARE JUST TRYING AT THIS POINT

4

TO GET THE FACTS AS SHE SEES IT AND ALSO SEND ME HOW YOU SEE

5

IT.

6

STARTING TO PAINT A PICTURE AROUND PERFORMANCE AND BEHAVIOR

7

ISSUES.

8
9

HER PD FILE IS COPIED BELOW, AND IT LOOKS LIKE IT'S

SEND ME YOUR FINDINGS.

BUT IS HE TRYING TO PUSH HER OUT THE DOOR?
GOING TO TELL YOU THAT.

NO.

AND HE'S

BECAUSE LOOK AT THE PS, THE

10

POSTSCRIPT.

11

PROBABLY THINK ABOUT -- ABOUT CIARA'S PERFORMANCE AS IF WE

12

HAVE ANY RESOURCES TO CLOSE PERFORMANCE GAP.

13

FIGURE OUT IF THERE'S A WAY TO HELP HER IMPROVE HER KNOWLEDGE.

14

THAT'S WHAT ERIC PEREZ IS DOING IN THIS DOCUMENT.

15

THE PD LOG?

16

I TALKED BOB MULLER -- NOT THE ONE THAT YOU

WHAT WAS IT?

TAKE A LOOK.

(DISPLAYED ON SCREEN.)
MARCH 23, CIARA WAS ONE HOUR LATE AND WAS GIVEN A TARDY.

19

NOT FIVE MINUTES, NOT TEN MINUTES.

20

-- YOU WILL SEE SOMETHING.

21

POLICY, THE ATTENDANCE POLICY.

22

A PROBLEM.

23

FIRST THING HE IS TALKING ABOUT.

24

EVERYTHING IN THE PD LOG.

25

WHAT WAS IN

HERE.

17
18

HE IS TRYING TO

NOW UNDER

WE WILL TALK ABOUT THE DISCIPLINE

YOU WILL HEAR IT.

SECOND THING.

AN HOUR LATE.

YOU GET THREE TARDIES, THAT IS
THAT IS A PROBLEM.

THAT IS THE

I'M NOT GOING TO SHOW YOU

YOU'LL SEE IT IN THE TRIAL.

HERE, APRIL 7, CIARA WAS 45 MINUTES LATE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 44
OPENING STATEMENT - LAFAYETTE
1

AND WAS GIVEN A TARDY.

2

DOWN WITH CIARA AND EXPLAINED THE ATTENDANCE POLICY AND MADE

3

SURE THAT WAS NOT AN ISSUE.

4

MINUTES LATE.

5

NOW JEFF FISCHER AND ERIC PEREZ SAT

SO THEN WHAT HAPPENS?

THAT'S APRIL.

NOW SHE IS 45

HE NOTES TWO OTHER ISSUES HERE.

6

MAY 9, 2018.

7

CIARA AS THE PD-2 (SIC) UNIT OPERATOR LEFT HER RADIO ON THE

8

DESK, WAS IN THE UNIT WITHOUT HER RADIO AND MISSING GOGGLES.

9

WHY IS THAT IMPORTANT?

A PERSON IAN CHAMBERLAIN WRITES IN HER PD LOG,

THIS IS A BIG FACILITY.

YOU HAVE THAT

10

RADIO WITH YOU BECAUSE, IF YOU ENCOUNTER A PROBLEM, YOU NEED

11

TO BE ABLE TO SAY, HELP.

12

IN THE REFINERY, YOU NEED TO HEAR IT SO SOMEONE CAN CALL YOU

13

AND SAY YOU NEED TO GET OUT OF THERE IF THERE IS PROBLEM.

14

DIDN'T HAVE HER RADIO WITH HER.

15

IS A PLACE I -- I'VE SAID IS DANGEROUS.

16

THOSE GOGGLES WITH YOU AT ALL TIMES.

17

HAPPEN.

18

KEEPS YOU ALIVE.

19

I NEED HELP.

IF THERE'S A PROBLEM

GOGGLES, WHY GOGGLES?

SHE

THIS

YOU HAVE TO HAVE

YOU DON'T KNOW WHAT MAY

AND THAT IS A PROTECTIVE MECHANISM.

THAT IS WHAT

SHE IS OUT THERE, DOESN'T HAVE IT.

SHE IS CRITICIZING THIS MAN BECAUSE HE WROTE HER UP, NOT

20

IN DISCIPLINE, IN A COACHING.

21

NEEDS TO HAVE HER GOGGLES AND RADIO.

22

SEEING.

23

SAFETY ISSUES THAT SHE IS NOT ADHERING TO THAT WE EXPECT IN A

24

REFINERY LIKE THIS.

25

I COACHED HER, TOLD HER SHE
THAT IS WHAT HE'S

NOW HE'S SEEING, IN ADDITION TO ATTENDANCE, THERE IS

WHAT IS THE NEXT ONE?

CIARA DID NOT CALL INTO THE BOARD

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 45
OPENING STATEMENT - LAFAYETTE
1

OPERATOR ABOUT BUMPING THE PUMP.

2

PUMPS.

3

NOT.

4

PUMP.

5

AND THEY DO THIS ON A DAILY BASIS TO MAKE SURE THESE THINGS

6

ARE OPERATIONAL.

7

NOW, YOU WILL HEAR THERE'S

SOMETIMES PUMPS ARE IN CONSTANT USE, SOMETIMES THEY'RE
BUT WHEN YOU NEED IT, YOU NEED IT.

SO THEY BUMP THE

BUMPING, IT'S LIKE TESTING IT, MAKE SURE IT IS WORKING.

WHAT THEY'RE SAYING HERE IS SHE IS USING A HAND-HELD

8

MACHINE.

9

SHE HASN'T DONE IT.

SHE'S NOTING THAT THIS PUMP HAS BEEN CHECKED, BUT
SHE HASN'T DONE IT.

SHE IS NOW AT THIS

10

POINT FALSIFYING THE FINDINGS, AND PEOPLE RELY UPON THESE

11

FINDINGS FOR PURPOSES OF DOING THINGS.

12

SO WHAT'S HAPPENING?

13

IS WHAT ERIC PEREZ IS SEEING.

14
15
16

THEN, THE 17TH.

SHE'S GETTING COACHED ON THAT.

WHAT HAPPENS ON THE 17TH?

HERE

(INDICATING).
CIARA CAME INTO THE STL SHIFT TEAM LEADER'S OFFICE,

17

INFORMED ME SHE HAD OPENED THE WRONG VALVE.

18

ONE AND SHE TOLD ME IT WAS POTASSIUM TANK IN THE BAFFLE

19

(PHONETIC).

20

YOU OKAY?

21

SOMETHING.

22

I ASKED HER IF SHE WAS OKAY.
AND SHE SAID, YES.

I ASKED HER WHICH

FIRST THING IS, ARE

I ASKED HER HOW BIG.

SHE SAID

THEN HE GOES ON AND SHE TELLS HIM IT WAS SMALL.

YOU WILL

23

SEE THIS.

24

NOT SMALL AT ALL.

25

THIS

HE GOES OUT AND HE LOOKS AT IT.

HE REALIZED IT'S

IT'S QUITE BIG.

AND HE GOES BACK TO HER.

HE SAYS, IT'S BIGGER.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

SHE SAID,

 46
OPENING STATEMENT - LAFAYETTE
1

WELL, OKAY.

2

IT, HE CAME BEHIND ME AND I HADN'T CLOSED IT ALL THE WAY.

3

IT WAS STILL OUT THERE LEAKING AND HE CLOSED IT.

4

IT, NOT HER.

5

THIS OTHER GUY TOLD ME, DONNIE, THAT AFTER I DID
SO

HE CLOSED

THAT'S BAD.

AND NO ONE IS GOING TO DENY THAT THESE THINGS HAPPENED.

6

EACH AND EVERY ONE OF THESE THINGS THAT I'M TALKING ABOUT

7

HAPPENED.

8

COACHING.

9

CIARA WAS SCHEDULED TO WORK ON FRIDAY, THE 7TH, JULY 8TH

NOW, TAKE A LOOK AT THIS.

10

AND JULY 14.

11

WHY?

12

SHE WENT TO BACK ON MEMORIAL DAY.

13

JULY 17, 2016.

TWO DAYS SHE'S SCHEDULED TO WORK, TWO DAYS.

BECAUSE SHE'S MAKING UP THE TIME FOR THE WEDDING THAT

AND SO NOW WHEN HER BOSS SAYS TO HER, WELL, HOW WAS IT?

14

SHE SAID SHE WORKED ONE DAY BUT NOT THE OTHER.

15

WHY DIDN'T YOU WORK THE OTHER?

16

I WAS SUPPOSED TO WORK THAT DAY.

17

WHERE IS THE EMAIL?

AND HE'S LIKE,

SHE SAYS, WELL, I DIDN'T KNOW

WHERE IS THE TEXT MESSAGE?

18

BIT PUT OFF.

19

MESSAGES TO EACH OTHER.

20

WE HAVE MEETINGS EVERY DAY, EVERY SHIFT THAT WE WORK.

21

UNDERSTAND THIS.

22

UNDERSTAND.

23

HE'S A

HE'S LIKE, WE DON'T SEND EMAILS AND TEXT
WE SIT DOWN AND TALK TO EACH OTHER.
I DON'T

HE'S NOT -- THIS IS SOMETHING HE DOESN'T

THIS IS SOMETHING OUT OF HIS NORMAL.

SO HE WRITES THIS UP AS A COACHING.

24

WRITES IT UP AND HE TALKS ABOUT IT.

25

PROCESS.

YOU SEE IT.

HE

HE DESCRIBES THE ENTIRE

AND, YES, AT THE END OF IT, DOES HE SAY, IF YOU

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 47
OPENING STATEMENT - LAFAYETTE
1

DON'T KNOW HOW TO USE SCHEDULE PRO, LET ME SHOW YOU.

2

WERE SUPPOSED TO WORK THAT DAY.

3

BUT YOU

NOW, SHE'S SUPPOSED TO MAKE UP AT LEAST ONE MORE 12-HOUR

4

SHIFT.

5

CAME IN ON ANOTHER DAY BUT SHE DIDN'T WORK THE FULL 12 HOURS.

6

SHE GOT PAID FOR HAVING WORKED TWO 12-HOUR SHIFTS BACK ON

7

MEMORIAL DAY WEEKEND AND, AS OF THIS DAY, TODAY, SHE HAS NEVER

8

EVER MADE IT UP.

9

DID SHE EVER DO IT?

NO.

YOU'RE GOING TO FIND OUT SHE

THAT'S THE TESTIMONY IN THIS CASE.

SO ONCE HE DOES THIS, ONCE MR. CURRAN SEES THIS, WHAT DOES

10

MR. CURRAN DO?

11

MR. PEREZ GOES TO HER SHIFT TEAM LEADER AND HE SAYS, LOOK.

12

SIT DOWN WITH HER.

13

CAMERON CURRAN AND GUY ROZAR, WHO'S ANOTHER SHIFT TEAM LEADER,

14

CIARA NEWTON AND NICK BACKENS.

15

WHO'S A UNION GUY.

16

TALK ABOUT THIS WITH HER.

17

MR. CURRAN GOES TO HER SHIFT TEAM LEADER AND

HE DOES.

HE SITS DOWN WITH HER.

COMES IN WITH NICK BACKENS,

THEY SIT DOWN AND TALK ABOUT HER.

NOW, INSTEAD OF HER SAYING, YOU KNOW WHAT?

18

THESE ATTENDANCE ISSUES ARE BAD.

19

I'VE GOT THIS OTHER THING, THAT'S BAD.

20

UH-HUH.

21

YOU SEE

THEY

YOU'RE RIGHT.

I'VE GOT THESE TWO TARDIES.
I NEED TO FIX IT.

THAT'S NOT WHAT HAPPENS AT ALL.

YOU SEE WHAT HAPPENS NOW, SHE COMES INTO THE MEETING AND

22

SHE SAYS, WELL, I MAY HAVE BEEN TARDY WHEN I WAS WITH JEFF

23

FISCHER BACK IN APRIL AND MARCH BUT OTHER PEOPLE WERE TARDY

24

AND THEY DIDN'T GET WRITTEN UP.

25

ANYTHING ABOUT THAT.

HE SAID, OKAY.

I WILL LOOK INTO THAT.

I DON'T KNOW

THEN SHE SAYS --

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 48
OPENING STATEMENT - LAFAYETTE
1

HE SAYS, BUT, YOU KNOW, TODAY, THE 22ND, YOU'RE SUPPOSED TO BE

2

HERE.

3

WELL, I TALKED TO THE PERSON I WAS SUPPOSED TO RELIEVE,

4

PATRICK NEUMAN.

5

WOULD BE LATE.

6

SHIFT TEAM LEADER, NOT ANOTHER PROBATIONARY EMPLOYEE AND TELL

7

THEM YOU ARE GOING TO BE LATE.

8

TELL HER THAT.

9

YOU WERE LATE.

YOU WERE LATE TODAY.

AND SHE SAYS,

I TEXTED AND I TOLD PATRICK NEUMAN THAT I
AND THEY SAY, YOU ARE SUPPOSED TO CONTACT THE

YOU WERE LATE TODAY.

SO THEY

AND THEN THEY GO ON AND THEY TALK ABOUT THESE OTHER ITEMS

10

WITH HER.

11

THEY TALKED ABOUT.

12

CALL IT THE BAKER TANK AND THE VALVE.

13

SOMETHING CALLED DRAEGER TUBES.

14

TUBE IS A GLASS TUBE THAT COMES IN A BOX.

15

THE DRAEGER TUBE YOU ARE SUPPOSED TO TAKE IT OUT OF THE BOX,

16

TAKE IT OUT OF THE SLEEVE, BREAK EACH END OF IT OFF, STICK IT

17

INTO A PIECE OF EQUIPMENT AND MEASURE GAS DAILY.

18

BECAUSE SHELL NEEDS TO MEASURE STUFF TO MAKE SURE THAT THINGS

19

ARE WORKING PROPERLY.

20

TALK ABOUT EACH AND EVERY ONE OF THESE THINGS THAT
THEY ASKED HER ABOUT THIS TANK.

THEY'LL TALK ABOUT

YOU'LL SEE THEM.

DRAEGER

AND THE BOX WITH

WHY?

IT'S IMPORTANT.

IN THIS CASE YOU'RE GOING TO HEAR VARIOUSLY, VARIOUSLY PD

21

TESTIMONY.

22

PREVIOUSLY USED.

23

ALREADY BROKEN OFF.

24

NEW DRAEGER TUBE.

25

WE'LL

SHE PICKED ONE OFF THE FLOOR THAT HAD BEEN
SHE PICKED ONE UP THAT HAD ONE END OF IT
AND SHE USED THAT AS OPPOSED TO A FRESH

AND WHEN SHE WAS ASKED WHY, SHE SAID SHE DIDN'T KNOWN --

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 49
OPENING STATEMENT - LAFAYETTE
1

IF SHE DIDN'T GET A RESULT, SHE DIDN'T KNOW SHE HAD A BAD

2

TUBE.

3

BECAUSE YOU CAN'T TELL IF IT'S BEEN COMPROMISED AND YOU CAN'T

4

RELY UPON THE RESULTS THAT YOU GET.

5

DONE.

6

THING TO DO IN A REFINERY.

YOU HAVE A BAD TUBE WHEN YOU DON'T HAVE A NEW TUBE

BUT THAT'S WHAT SHE HAD

AND THEY TALKED TO HER ABOUT THAT, BECAUSE THAT'S A BAD

7

SO, AFTER HE GETS HIS INFORMATION, WHAT HAPPENS NEXT?

8

GOES AND TALKS TO MR. CURRAN, GOES AND TALKS TO HIS BOSS, ERIC

9

PEREZ.

ERIC, THIS IS WHAT SHE'S SAYING.

HE

DOES ERIC DROP IT?

10

NO.

11

SAYS, LOOK, LET ME FIGURE OUT ABOUT THE TARDY ISSUE IN MARCH

12

AND APRIL.

13

ERIC PEREZ DOESN'T DROP THAT.

ERIC PEREZ GOES AND HE

LET ME SEE IF I CAN FIND SOMETHING.

SO HE GETS SOMETHING CALLED THE GATE LOG REPORT.

THE GATE

14

LOG REPORT IS A REPORT THAT SHOWS WHEN YOU SWIPED IN TO THE

15

REFINERY.

16

BECAUSE YOU NEED TO KNOW WHO IS IN THERE AND WHO HAS LEFT.

17

THIS GATE THAT YOU SWIPE IS NOT AT THE DOOR OF THE FACILITY

18

THAT SHE WORKS IN.

19

TUNNEL AT A PARKING GARAGE.

20

YOU ARE NOT GOING TO GO IN THERE WITHOUT SWIPING IN

IT'S OUTSIDE ACROSS THE STREET, THROUGH A
AND THAT'S WHERE SHE SWIPED IN.

SO HE LOOKED AT ALL OF THE GATE LOG REPORTS FOR ALL OF THE

21

PEOPLE, THE FOUR OF THEM WHO WERE IN HER TRAINING CLASS WITH

22

JEFF FISCHER.

23

WHATSOEVER TO HER CLAIM THAT CERTAIN PEOPLE WERE NOT BEING

24

DOCKED FOR THEIR TIME BECAUSE THEY HAD STOPPED TO GET DONUTS.

25

ALL OF THEM.

AND WHAT DID HE FIND?

TO SEE IF THERE WAS ANY VALIDITY

CIARA WAS ACTUALLY TARDY SIX TIMES

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 50
OPENING STATEMENT - LAFAYETTE
1

LOOKING AT THE GATE REPORT, MEANING SHE WASN'T THERE AT 6:00,

2

SHE WASN'T THERE AT 6:15.

3

SHE WAS SOMEPLACE ELSE.

THEN YOU LOOK TO SEE ABOUT HER CONTEMPORARIES.

ONE PERSON

4

WAS TARDY AND THE OTHER TWO HAD ZERO TARDIES IN THEIR RECORD,

5

MEANING HE LOOKED AT THE GATE LOG REPORTS AND THEY HAD PASSED

6

THROUGH THAT GATE LONG BEFORE THE TIME FOR THEM TO BE IN THEIR

7

SEATS.

8
9

THERE WAS NO TRUTH TO THAT STATEMENT WHATSOEVER.

THEN DID HE LOOK TO SEE IF THERE HAD BEEN ANYTHING THAT IS
REFLECTED THAT SHE HAD BEEN TREATED DIFFERENTLY THAN ANYBODY

10

ELSE?

11

HAD COMMITTED ERRORS AND HADN'T BEEN LOOKED AT?

12

FIND ANYTHING?

13

DID HE TRY TO FIND OUT IF THERE WERE OTHER PEOPLE WHO

NO.

DID HE LEAVE IT AT THAT?

YES.

DID HE

NO.

HE WORKED IT OUT THROUGH HUMAN RESOURCES, AND THEY SAID

14

LET'S SIT BACK DOWN WITH HER AGAIN AND LET'S TALK TO HER AGAIN

15

ABOUT WHAT WE FOUND.

16

AUGUST 2.

17

AND THAT'S WHEN THEY HAD THE MEETING ON

SO, BETWEEN SEPTEMBER 25, WHEN HE FINDS OUT, AND AUGUST 1,

18

HE'S BEEN RESEARCHING TO SEE WHAT HE COULD FIND, AND THEN ON

19

AUGUST 2, HE SETS A MEETING.

20

GOING TO BE A MEETING.

21

SIT DOWN.

22

SAYS, LOOK, SHE SAYS SHE HAS SOME NOTES THAT SHE'S GOING TO

23

BRING AND THESE NOTES ARE GOING TO SHOW HOW SHE WAS TREATED

24

DIFFERENTLY.

25

HE LETS MS. NEWTON KNOW THERE IS

AND WHEN THEY HAVE THAT MEETING, THEY

BUT BEFORE THAT, HE SENDS AN EMAIL OUT TO HR.

FINE.

SO THEY SIT DOWN WITH HER AND HE'S PREPARED WRITTEN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

HE

 51
OPENING STATEMENT - LAFAYETTE
1

TALKING POINTS, WHICH YOU WILL SEE, WHERE HE LAYS OUT THE

2

SUBJECTS HE IS GOING TO COVER AND HOW HE IS GOING TO COULD GO

3

ABOUT DOING THIS.

4

GOING TO TELL -- AND THEN YOU ARE GOING TO SEE NOTES THAT WERE

5

TAKEN CONTEMPORANEOUSLY DURING THAT MEETING ON AUGUST 2 BY

6

MS. CHRISTINE LAYNE BECAUSE SHE WAS THERE, TOO.

7

AND WHAT YOU ARE GOING TO SEE IS THIS.

AND HE'S GOING TO TELL YOU WHAT HE WAS

FIRST OF ALL,

8

MS. NEWTON DID NOT BRING IN ANY NOTES.

9

SHE PREPARED SOME NOTES ON AUGUST 1, AND WE ARE GOING TO TALK

10

ABOUT THOSE WHEN THEY COME IN, BUT YOU ARE NOT GOING TO SEE IN

11

THOSE NOTES WHERE SHE SHOWS THE THINGS THAT THEY'RE ASKING

12

ABOUT, EVIDENCE OF PEOPLE WHO WERE TREATED DIFFERENTLY THAN

13

YOU.

14

YES, YOU'LL SEE THAT

THEY COVER EACH ONE OF THESE ITEMS THAT'S LISTED ON THAT

15

PD LOG.

16

HER, IS THERE SOMETHING YOU CAN TELL US?

17

IDENTIFY?

18

LOOK AT WHERE WE CAN INVESTIGATE THAT AND SAY, OKAY.

19

LOOKED AT THAT, TOO, JUST LIKE WE LOOKED AT THOSE TARDIES. SHE

20

SAYS, NO.

21

THEY COVER THE TARDIES AND ATTENDANCE, AND THEY ASK
SOME PEOPLE YOU CAN

SOME DATES, SOME EVENTS, SOME SOMETHING THAT WE CAN
WE

SHE SAID, LET ME THINK ABOUT IT.

AND HER, AND HER TWO UNION PEOPLE WHO WERE THERE AT THE

22

TIME, RAY JONES AND NICK BACKENS, THEY SAY, LET'S LET HER LOOK

23

AT IT.

24

CHANGE.

25

WE'LL GET BACK TO YOU AFTER SOMETHING CALLED THE LONG

YOU SEE, WHEN YOU WORK THESE 12-HOUR SHIFTS, YOU GET TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 52
OPENING STATEMENT - LAFAYETTE
1

TAKE A WEEK OFF EACH MONTH.

2

THEY GET A LONG CHANGE.

3

LONG CHANGE.

4

THAT'S CALLED A LONG CHANGE.

SO SHE'S GOING TO DO THIS AFTER THE

WELL, THE LONG CHANGE COMES AND GOES, NOTHING TO REPORT.

5

DIDN'T GET ANYTHING.

6

AT THIS POINT, WE NEED YOU TO HELP US.

7

IDENTIFY SOME PEOPLE.

8

DATES.

9

HAYSTACK.

10
11

THEY TELL HER, IN ORDER FOR US DO THIS
WE NEED YOU TO

WE NEED YOU TO IDENTIFY SOME EVENTS AND

OTHERWISE, YOU KNOW, IT IS LIKE A NEEDLE IN A
HELP US.

DRIVE US.

GUIDE US.

WE'LL LOOK AT THIS.

WE'LL DO THIS.
SO WHAT HAPPENS NEXT?

AUGUST 29.

PLAINTIFF'S COUNSEL

12

STARTED OUT BY TALKING ABOUT AUGUST 29.

13

SO WHEN WE GET TO AUGUST 29, WHAT HAPPENS NOW?

14

SO

NOW I'M AT AUGUST 29.

FIRST THING IS ERIC PEREZ BACK -- HE LEAVES HIS OFFICE,

15

WHICH IS ON ANOTHER PART OF THE CAMPUS, AND HE DRIVES OVER TO

16

WHERE SHE IS, AND HE'S THERE FOR HER MORNING MEETING.

17

HE THERE?

18

SOMETHING THAT IS PASSED ALONG?

19

SOMETHING, GIVE IT TO ME.

HE IS GOING TO ASK HER THE QUESTIONS.
IT IS NOW TIME.

I DON'T HAVE IT YET.

21

OKAY.

22

SEND ME AN EMAIL.

23

HE SAYS, YOU CAN USE MY OFFICE.
OFFICE.

25

YOU CAN BE SAFE.

DO YOU HAVE
YOU'VE GOT

HELP ME.

20

24

WHY IS

SHE SAYS THAT.

YOU CAN USE MY COMPUTER.

I'LL TAKE YOU TO MY
YOU CAN BE COMFORTABLE.

YOU CAN BE SECURE.

YOU CAN WRITE ME

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 53
OPENING STATEMENT - LAFAYETTE
1

SOMETHING SO THAT I'LL HAVE SOMETHING TO GO BY.

2

SHE DECLINES.

3

THEN SHE COMES IN AND SHE SAYS, I FOUND THIS (INDICATING).

4

THIS IS THE STICKER.

5

NOT GOING TO -- NO ONE WILL TELL YOU THAT THIS IS APPROPRIATE

6

FOR A WORKPLACE.

7

THIS IS WHAT SHE SAYS. OKAY -- AND I'M

THEY ARE NOT GOING TO.

BUT THEY DON'T KNOW WHO DID THIS.

IT'S NOT.

THEY WENT AND TOLD

8

EVERYONE TO MAKE SURE THERE WAS NO MATERIAL LIKE THIS IN THE

9

WORKPLACE, AND THEY DID.

AND FROM THAT POINT ON, THERE WAS

10

NOTHING LIKE THIS IN THE WORKPLACE AGAIN.

11

THERE, NOTHING LIKE THIS CAME UP AGAIN.

12

THAT THEY THOUGHT WAS APPROPRIATE ACTION.

13

WHILE SHE WAS

THEY TOOK THE ACTION

THERE'S A COMMENT ABOUT DON'T PUT IT IN THE PD LOGS.

14

MR. PEREZ WILL TELL YOU WHAT THAT MEANT.

15

THERE AND TELL EVERYBODY IN THE ROOM THIS IS BAD AND THEN PUT

16

SOMETHING IN EVERYBODY'S PD LOG THAT YOU TOLD THEM THAT,

17

BECAUSE IT SEEMS TO SUGGEST THAT YOU HAVE DONE SOMETHING BAD

18

TO SOMEONE THAT DIDN'T DO ANYTHING BAD.

19

ABOUT.

20

HE MEANT DON'T GO IN

THAT WAS ALL THAT WAS

NOTHING MORE.

BUT MR. PEREZ IS STILL WAITING FOR MS. NEWTON TO GIVE HIM

21

SOMETHING.

22

NOW AND WHAT EVERYBODY KNOWS, NINE MONTHS PROBATION IS NINE

23

MONTHS, NINE MONTHS FOR YOU TO ESTABLISH THAT YOU ARE SAFE,

24

THAT YOU CAN DO THIS JOB, THAT THERE ARE NO ISSUES, THAT

25

PEOPLE AROUND YOU ARE SAFE.

THAT SOMETHING NEVER COMES.

BUT WHAT'S HAPPENING

NINE MONTHS, AND THAT'S

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 54
OPENING STATEMENT - LAFAYETTE
1
2

SEPTEMBER.

SO NOW WHAT HAPPENS, NINE MONTHS.

THE 17TH AND 20TH WITHOUT GETTING INFORMATION FROM HER,

3

MR. PEREZ AND MS. LAYNE STARTED REDOING EVERYTHING.

4

AT ALL OF THE EMAILS RELATED TO HER.

5

MR. CURRAN.

6

IS ALL THEY HAVE GOT TO RELY UPON.

7

IF THERE'S ANY VALIDITY TO ANY OF THE THINGS THAT SHE SAYS

8

VAGUELY HAPPENED TO HER.

9

THEY LOOK

THEY GO AND INTERVIEW

THEY GO AND INTERVIEW MR. FISCHER.

BECAUSE THAT

AND THEY TRY TO FIND OUT

BUT AT THE SAME TIME, MR. CURRAN -- MR. PEREZ HAS TO DO

10

SOMETHING.

11

MAKE A DECISION AT THE NINE-MONTH LEVEL IF SHE AND THE OTHER

12

22 PEOPLE WHO CAME IN WITH HER ARE ABOUT TO PASS PROBATION.

13

HE HAS TO MAKE A DECISION AND THE REFINERY HAS TO

AND SO HE SENDS OUT AN ASSESSMENT LETTER AND HE SAYS,

14

LOOK.

15

TO ANSWER SOME QUESTIONS RATING ONE TO FIVE.

16

UNACCEPTABLE, FIVE OBVIOUSLY REALLY GOOD.

17

I NEED EACH ONE OF YOU WHO, IN HER INSTANCE IS HER STL,
ONE BEING

CAMERON CURRAN WRITES BACK, PERMITTING, 2.

18

ATTITUDE/BEHAVIOR/ENERGIZED, 1.

19

TALK ABOUT WHAT THAT IS -- 2.

20

KNOW TODAY, HOW LIKELY WOULD YOU BE, 1 -- TO KEEP HER.

21

ISOLATING -- AND THEY WILL

WORK ETHIC, 1.

THAT'S WHAT CAMERON CURRAN WROTE.

EVERYTHING YOU

AND THIS IS IN ADDITION

22

TO THE ASSESSMENTS THAT PEOPLE WILL TELL YOU ABOUT THE

23

ASSESSMENT AND WHAT THE PURPOSE IS.

24

NOT SOMEBODY GETS TO STAY.

25

THIS NOW IS WHETHER OR

AND HE WROTE THE FOLLOWING:

NO, I DON'T THINK CIARA IS A GOOD MATCH OF OPERATIONS.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

I

 55
OPENING STATEMENT - LAFAYETTE
1

AM VERY AFRAID THAT SHE WILL HURT HERSELF OR SOMEONE ELSE OR

2

POSSIBLY CAUSE A PROCESS INCIDENT.

3

FROM CONCERNS AS HER STL FEARING THAT SOMETHING BAD WILL

4

HAPPEN.

5

I HAVE LOST SLEEP AT NIGHT

NOW AT THIS POINT IN TIME HER STL IS MR. METCALF.

6

DID HE DO?

7

HER OTHER THAN WHAT HE HAS SEEN.

HE WRITES:

8

ATTITUDE/BEHAVIOR/ENERGIZED, 4.

ISOLATING, 2.

9

THAT LAST QUESTION.

10
11

MR. METCALF DID THIS.

WHAT

DIDN'T KNOW ANYTHING ABOUT
PERMITTING, 2.
BUT LOOK AT

EVERYTHING YOU KNOW TODAY, HOW LIKELY

WOULD YOU BE TO HIRE THEM, 2.
SO NOW SHELL TAKES INTO CONSIDERATION, THESE ASSESSMENTS,

12

THE PD LOGS.

13

AUGUST 2, MEETING, THERE WERE AT LEAST TWO MORE INCIDENTS OF

14

UNSAFETY THAT TOOK PLACE.

15

WITNESSES COME AND TESTIFY ABOUT IT.

16

AND YOU ARE GOING TO HEAR THAT AFTER THAT

SO, WHAT HAPPENS NEXT?

YOU WILL HEAR IT.

YOU WILL HEAR

MS. LAYNE HERE IS RESPONSIBLE FOR

17

PREPARING THE EMAIL AND PREPARING A RECOMMENDATION TO

18

MANAGEMENT AS TO WHAT SHOULD HAPPEN.

19

CORRESPONDENCE AND WHAT SHE PREPARES IS AN EMAIL THAT LAYS OUT

20

THE REASONS AS TO WHY THEY HAVE COME TO THE CONCLUSION THAT

21

SHE SHOULDN'T REMAIN, AND THAT IS A RECOMMENDATION THAT SHE

22

SENDS TO HER BOSS IN HUMAN RESOURCES.

23

OVER TO TWO OTHER PEOPLE AT THE REFINERY WHO ARE MORE SENIOR

24

THAN MR. PEREZ.

25

COME TO THE CONCLUSION THAT THE RECOMMENDATION SHOULD BE TO

AND YOU WILL SEE HER

AND HER BOSS TAKES IT

AND THOSE TWO PEOPLE WEIGH IN AND THEY ALL

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 56
OPENING STATEMENT - LAFAYETTE
1
2

TERMINATE HER.
NOW, HOW DETAILED WAS THIS COMMUNICATION?

VERY.

SHE,

3

MS. LAYNE, ALSO SENT ALONG THE WORK SHE HAD DONE, WITH

4

MR. PEREZ'S ASSISTANCE, TO DETERMINE IF THERE WAS ANY VALIDITY

5

TO ANY OF THESE CLAIMS.

6

MS. NEWTON.

7

DID THAT WITHOUT THE ASSISTANCE OF

AND WHAT DOES SHE WRITE?

CIARA IS VIEWED AS BEING SCARED TO BE IN THE UNIT.

SHE IS

8

ALWAYS WORRIED ABOUT WHAT SHE IS SMELLING OR WHERE SHE IS

9

WALKING.

WHEN THERE WAS A UNIT UPSET, ALL NEW HIRES WENT TO

10

SEE HOW IT WAS RESPONDED TO EXCEPT CIARA.

11

CONFERENCE ROOM.

12

TO WALK THE LINE AND DO ADDITIONAL TRAINING TO IMPROVE AS SOME

13

OF THE OTHER OPERATORS ARE.

14

THAT SHE COULD GET SOMEONE HURT, SINCE SHE DOESN'T SEEM TO PAY

15

ATTENTION TO WHAT SHE IS DOING, AND ISN'T WILLING TO ASK

16

QUESTIONS.

17
18
19

SHE REMAINED IN THE

SHE DOESN'T SHOW THE SAME DRIVE AND TRYING

THERE ARE LOT OF SAFETY CONCERNS

THAT'S WHY SHE GETS TERMINATED.

AND YOU WILL SEE THAT AND

YOU WILL HEAR THE WITNESSES TALK ABOUT THAT.
SO, YOU NOTICED THAT I DIDN'T TALK ABOUT MR. FISCHER.

20

MR. FISHER WAS NOT A SUPERVISOR.

21

AND WHAT HAPPENED HERE IS THIS:

22

TERMINATED, SHE STARTS TALKING ABOUT THINGS THAT SHE NEVER

23

TALKED ABOUT WHILE SHE WAS THERE AND SOME OF THESE THINGS

24

RELATE TO MR. FISHER.

25

HAD MADE SOME COMMENTS.

MR. FISHER IS A TRAINER.
AFTER -- AFTER SHE GETS

THAT HE USED COARSE LANGUAGE, THAT HE
YOU WILL HEAR TESTIMONY ON THAT AS TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 57
OPENING STATEMENT - LAFAYETTE
1

WHETHER OR NOT ANY OF THOSE THINGS ACTUALLY HAPPENED OR IF

2

THEY HAPPENED IN THE WAY THAT SHE DESCRIBES OR IF THEY

3

HAPPENED BECAUSE SHE WAS A WOMAN AS OPPOSED TO IF THEY

4

HAPPENED BECAUSE HE TALKS THE WAY HE TALKS TO EVERYBODY.

5

YOU WILL HEAR THAT TESTIMONY IN THIS COURTROOM.

6

THEN YOU GET TO THIS ISSUE OF THE ACID SPILL.

SO LET'S

7

TALK ABOUT THE ACID SPILL.

8

OKAY?

9

WHERE PERIODICALLY SOMEBODY HAS TO COME AND DELIVER ACID TO

WAY UP HIGH.

THE ACID TANK SITS WAY UP HIGH.

IT'S TALL.

10

THE REFINERY ACID.

11

ACID TANK.

12

SOMETHING OF THIS ACID TANK.

13

GAUGE.

14

REDUNDANCIES IN HERE.

15

THAT IS WHAT IS HAPPENING HERE.

16

FINE.

AND THE ACID TANK IS ONE

EVERYBODY IS TRAINED ABOUT SAFETY ON THE
THERE ARE TWO WAYS TO MEASURE THE DEPTH OF
ONE IS A SIGHT GLASS AND ONE A

YOU USE BOTH OF THESE THINGS, NOT ONE.

THERE IS

ONE ISN'T WORKING, USE THE OTHER ONE.

YES, MS. NEWTON PUTS THAT THE SIGHT GLASS ISN'T WORKING

17

PROPERLY.

18

ALSO NOTED THAT THE SIGHT GLASS ISN'T WORKING PROPERLY.

19

THE ISSUE BECOMES ON THE DAY IN QUESTION, WAS SHE THERE?

20

DID SHE SEE ANYTHING HAPPEN?

21

HAPPENED?

22

GUESS WHAT?

SHE'S NOT THE ONLY ONE.

NO.

OTHER PEOPLE
BUT
NO.

DOES SHE KNOW WHAT

NO.

SO WHAT IS IT THAT MS. NEWTON DID?

MS. NEWTON HEARD

23

CAMERON CURRAN TALKING TO THE TRUCK DRIVER A DAY, TWO DAYS

24

AFTER THE EVENT HAD HAPPENED, AND THE TRUCK DRIVER SAID, I'M

25

NOT SURE YOU KNOW THIS BUT THERE WAS A SPILL THAT TOOK PLACE.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 58
OPENING STATEMENT - LAFAYETTE
1

AND CAMERON CURRAN SAID, OKAY, AND THAT'S IT.

2

NOW, WHAT HAD HAPPENED ON THE NIGHT OF THE SPILL?

3

TOOK ACTION AND COURSE OF ACTION TO REMEDIATE THE SPILL.

4

THERE IS A CERTAIN -- THERE ARE CERTAIN TYPES OF SUBSTANCES

5

THAT THEY PUT DOWN IF THERE'S AN ACID SPILL, AND THEY DID IT.

6

THIS WAS NOT A BIG ACID SPILL.

7

ANALOGIZE IT, IF YOU GO TO THE GAS STATION AND YOU'RE PUMPING

8

GAS IN YOUR CAR AND IT OVERSPILLS AND YOU GET SOME GAS AND IT

9

RUNS DOWN THE SIDE OF YOUR CAR, YOU ARE NOT HAPPY.

THEY

THIS IS LIKE -- THE WAY I CAN

WELL, ACID

10

IS A LITTLE MORE DANGEROUS THAN GAS, BUT THAT IS WHAT IT IS.

11

SO YOU HAD TWO PEOPLE THERE, ONE AT THE TOP WATCHING ONE

12

GAUGE, ONE AT THE OTHER WATCHING ANOTHER GAUGE.

13

TRYING TO MAKE SURE IT DOESN'T OVERSPILL, BUT IT DOES.

14

IT COME RUNNING OVER THE TOP?

NO.

15

PIPE AND DROPS INTO A TROUGH.

AND AROUND THIS TANK ITSELF IS

16

A CONCRETE BARRIER AROUND IT.

SO, IF ANYTHING HAPPENS TO THIS

17

ACID, IT'S IN THE TROUGH, NOT ALL OVER THE GROUND AND STUFF.

18

AND THIS PIPE ITSELF RUNS INTO A SEPARATE TROUGH WHERE ANY

19

ACID WHICH COLLECTED WOULD HAVE BEEN COLLECTED.

20

WHERE THEY PUT WHAT THEY CALL OYSTER SHELL AND OTHER THINGS TO

21

MAKE SURE THAT IT WAS REMEDIATED.

22

THEY'RE
DOES

IT COMES RUNNING DOWN A

AND THAT IS

AND BY THE TIME MS. NEWTON ARRIVED, THERE WAS NO RISK

23

THERE.

24

WANTS TO PUT IT ON HER PD LOG BUT SHE DIDN'T WITNESS IT.

25

WANTS TO PUT IT ON HER SHIFT LOG BUT SHE DIDN'T WITNESS THIS.

IT HAD BEEN REMEDIATED PROPERLY.

SO NOW SHE SAYS SHE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

SHE

 59
OPENING STATEMENT - LAFAYETTE
1

WHAT YOU WILL HEAR -- AND I WILL LET HIM COME AND TESTIFY

2

AND HE WILL TELL YOU -- MR. CURRAN WILL TELL YOU EXACTLY WHAT

3

HAPPENED AND HE WILL TELL YOU THAT THERE WAS NO NOTHING DONE

4

TO RETALIATE AGAINST HER.

5

BUT TALKING ABOUT THE ACID SPILL THAT HAD TAKEN PLACE SOME

6

OTHER TIME AND ON SOME OTHER SHIFT, AND HE WILL TELL YOU THAT

7

THEY DOCUMENTED THAT ACID SPILL BY PREPARING A ZERO SIXTY

8

REPORT.

9

DOCUMENTED IT BY PREPARING A REPORT, A ZERO SIXTY REPORT.

10

NOT HIM THE SHIFT TEAM LEADER WHO WAS ON AT THE TIME

SO AT THE END OF THE DAY, I'M GOING TO COME BACK TO YOU

11

AND TELL YOU WHAT ALL THIS MEANS.

12

A PUZZLE.

13

LINE.

14

UNDERSTAND IT, IS WHETHER OR NOT SHE WAS FIRED BECAUSE SHE IS

15

A WOMAN.

16

OF THESE PEOPLE WHO MADE THIS DECISION HAVE DONE ANYTHING THAT

17

MAKES YOU SUGGEST, NO COMMENTS, NO DEPICTIONS, NO LITERATURE,

18

NOTHING THAT SAYS THAT THEY HAVE A BIAS AGAINST WOMEN.

19

I'M NOT GOING TO TALK ABOUT

I'M GOING TO TALK ABOUT A STRAIGHT LINE, A STRAIGHT

BECAUSE AT THE END OF THE DAY THE CENTRAL ISSUE, AS I

NO ONE IS GOING TO COME IN HERE AND TESTIFY THAT ANY

PLAINTIFF WON'T EITHER.

I'LL ASK HER.

DID YOU SEE

20

ANYTHING THAT ERIC PEREZ DID THAT MADE YOU THINK HE HAD A BIAS

21

AGAINST WOMEN?

22

MICHAEL BECK, WHO YOU'VE NOT HEARD ABOUT.

23

SAME QUESTION.

24

ANYBODY WHO COMES IN THIS COURTROOM WHO SAYS OTHERWISE.

25

AND SHE WILL SAY NO.

NONE OF THEM.

I WILL ASK HER ABOUT
I WILL ASK HER THE

NONE OF THEM.

THERE WON'T BE

I WILL ASK THESE QUESTIONS ABOUT RETALIATION AS WELL, AND

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 60
OPENING STATEMENT - LAFAYETTE
1

NONE OF THEM ARE GOING TO SAY THAT THEY DID ANYTHING TO HER

2

BECAUSE SHE IS A WOMAN OR THEY DID ANYTHING TO HER BECAUSE SHE

3

RAISED THIS ISSUE ABOUT ACID.

4

I WILL ASK THEM, OKAY, SINCE YOU HAVE PURE OF HEART, DID

5

ANYONE COME TO YOU AND BIAS YOU?

6

THAT AND THEY ARE GOING TO SAY NO.

7

INFORMATION THAT'S PROVIDED TO US WITH REGARD TO ATTENDANCE

8

ABSENCE.

9

AND THEY ARE NOT GOING TO LOOK LIKE HERS.

AND THEY ARE GOING TO ANSWER
WE RELY UPON THE

I'M GOING TO SHOW YOU PD LOGS FROM HER COWORKERS,
I'M GOING TO SHOW

10

YOU -- ASK THEM ABOUT THEIR TARDIES, AND THEY ARE NOT GOING TO

11

LOOK LIKE HERS.

12

WORKPLACE.

13

THAT'S WHAT HAPPENED.

14

SHE WAS NOT TREATED DIFFERENTLY IN THIS

SHE WAS HELD ACCOUNTABLE IN THIS WORKPLACE.

AND AT THE END OF THE DAY, I'LL COME BACK AND TELL YOU

15

THAT THIS IS NOT A CASE OF DISCRIMINATION.

16

THAT SHELL IS NOT RESPONSIBLE FOR A MILLION-AND-SOME-ODD

17

DOLLARS TO PAY HER FOR THE REST OF HER LIFE.

18

THAT.

19

DID ANYTHING WRONG.

20

I WILL TELL YOU

I'LL TELL YOU

I'M GOING TO TELL YOU THAT THIS IS NOT A CASE WHERE WE

NOW, THIS (INDICATING) HAPPENED.

I'LL TALK TO YOU ABOUT

21

HOW YOU ARE SUPPOSED TO LOOK AT THIS (INDICATING) IN THIS

22

CASE.

23
24
25

THANK YOU.
THE COURT:

OKAY.

LADIES AND GENTLEMEN, WHY DON'T WE

GO AHEAD AND TAKE OUR FIRST BREAK AND THEN WE WILL START WITH

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 61

1
2

THE EVIDENTIARY PORTION.
I DO HAVE A -- THE INSTRUCTION I GAVE YOU ON FRIDAY THAT I

3

WILL REPEAT AGAIN TOWARDS THE END OF THE DAY, BUT THE ONE

4

PIECE THAT I WANT TO REMIND YOU ABOUT IS THAT YOU CANNOT

5

DISCUSS THESE MATTERS WITH EACH OTHER UNTIL YOU GO IN FOR

6

DELIBERATIONS.

7

REMIND YOU AT THIS POINT.

8

OTHERS LATER.

9
10

OKAY?

SO THAT'S THE ONE PIECE I WANT TO
I WILL REMIND YOU ABOUT ALL THE

WE WILL STAND IN RECESS FOR 15 MINUTES FOR OUR FIRST
MORNING BREAK.

DO WE HAVE SOMETHING FOR THEM?

11

THE CLERK:

YES.

12

THE COURT:

OKAY.

13

JUROR:

15

THE COURT:

16

HERE IN 15 MINUTES.

THANK YOU.
ENJOY YOUR BREAK AND WE WILL SEE YOU BACK

(PROCEEDINGS HELD OUTSIDE THE PRESENCE OF THE JURY.

18

THE COURT:

19

MINUTES.

20

THAT'S FINE WITH ME.

OKAY.

MR. LAFAYETTE:

22

THE COURT:

24
25

WE WILL STAND IN RECESS FOR 15

IF YOU WANT TO HAVE MR. PEREZ IN THE COURTROOM,

21

23

I ALWAYS START YOU OUT WITH A

PLATE OF BAGELS AND FRUIT TO GET YOU STARTED.

14

17

THEY'VE HAD IT SINCE THIS MORNING.

THAT'S FINE, YOUR HONOR.

ALL RIGHT.

THANK YOU.

(RECESS TAKEN AT 10:08 A.M.; RESUMED AT 10:24 A.M.)
THE CLERK:

REMAIN SEATED.

COURT IS IN SESSION.

COURT IS IN ORDER.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 62

1

THE COURT:

2

LET'S CALL THEM IN.

(PROCEEDINGS HELD IN THE PRESENCE OF THE JURY.)

3
4

ALL RIGHT.

THE COURT:

YOU MAY ALL BE SEATED.

THE RECORD WILL

REFLECT THAT WE ARE BACK ON THE RECORD.

5

OKAY.

WE WILL BEGIN THE EVIDENTIARY PORTION WITH A FEW

6

STIPULATIONS OF FACT.

7

PARTICULAR FACTS SO YOU MUST TREAT THEM AS HAVING BEEN PROVED.

8

THEY ARE PRIMARILY DATES.

9

SO, THE PARTIES HAVE AGREED TO THESE

SO, ONE, PLAINTIFF CIARA NEWTON WAS EMPLOYED AT

10

DEFENDANT'S REFINERY IN MARTINEZ FROM JANUARY 4TH, 2016 TO

11

SEPTEMBER 29TH, 2016.

12
13

TWO.

OPERATIONS CENTRAL DEPARTMENT.

14
15

IN FEBRUARY 2016, NEWTON WAS ASSIGNED TO THE

THREE.

DEFENDANT TERMINATED NEWTON'S EMPLOYMENT ON

SEPTEMBER 29TH, 2016.

16

SO, THOSE ARE ESTABLISHED FACTS.

17

THE OTHER THING, I JUST WANTED TO MENTION TWO THINGS TO

18

YOU.

19

HER PERMISSION TO LEAVE THE COURTROOM IF SHE HAPPENS TO NEED

20

TO USE THE FACILITIES AND THAT'S NOT ON OUR REGULAR SCHEDULE,

21

SO DON'T HOLD THAT AGAINST HER.

ONE, THE PLAINTIFF IS CURRENTLY PREGNANT.

SO I'VE GIVEN

22

AND THEN, SECOND, IN THIS CASE WHERE YOU HAVE WITNESSES

23

WHO ARE BEING CALLED BY BOTH PARTIES, WHAT WILL HAPPEN IS A

24

WITNESS WILL BE CALLED BY THE PLAINTIFF AND DEFENSE MAY CHOOSE

25

NOT TO DO ANY EXAMINATION AFTERWARDS BECAUSE THEY ARE GOING TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 63
PEREZ - DIRECT / SMALLETS
1

CALL THAT WITNESS BACK IN THEIR OWN CASE.

2

THE WAY IT WILL WORK.

4

MS. SMALLETS:

5

TO CALL ERIC PEREZ.

6

THE COURT:

7

YOUR HONOR, THE PLAINTIFF WOULD LIKE

ALL RIGHT.

(ERIC PEREZ, CALLED AS A WITNESS FOR THE PLAINTIFF, HAVING
BEEN DULY SWORN, TESTIFIED AS FOLLOWS:)

9

I DO.

THE WITNESS:

10

THE CLERK:

11

THE WITNESS:

12

THE CLERK:

PLEASE BE SEATED.
THANK YOU.
SCOOT UP TO THE MICROPHONE.

13

YOUR FULL NAME AND SPELL YOUR LAST NAME.

14

SURE YOUR MIC IS ON.

PLEASE STATE

LET ME CHECK TO MAKE

GO AHEAD.

15

THE WITNESS:

16

THE COURT:

17

MS. SMALLETS:

18

SO THAT'S

WE WILL CALL OUR FIRST WITNESS.

3

8

OKAY?

MY NAME IS ERIC PEREZ, P-E-R-E-Z.
YOU MAY PROCEED.
MAY I APPROACH MR. PEREZ TO PROVIDE

HIM WITH A WITNESS BINDER?

19

THE COURT:

YOU MAY.

20

(BINDER HANDED TO WITNESS.)

21

DIRECT EXAMINATION

22

BY MS. SMALLETS:

23

Q.

GOOD MORNING, MR. PEREZ?

24

A.

GOOD MORNING.

25

Q.

YOU WORK FOR SHELL OIL AT THE MARTINEZ REFINERY, CORRECT?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 64
PEREZ - DIRECT / SMALLETS
1

A.

CORRECT.

2

Q.

YOU'VE WORKED THERE SINCE JULY 1994, RIGHT?

3

A.

YES.

4

Q.

THAT IS MORE THAN 24 YEARS, RIGHT?

5

A.

YES.

6

Q.

AND YOU WERE AT THE REFINERY WHEN MS. NEWTON WORKED THERE,

7

WEREN'T YOU?

8

A.

I WAS.

9

Q.

DURING THE TIME THAT MS. NEWTON WORKED FOR SHELL YOU WERE

10

A PRODUCTION SUPERVISOR, CORRECT?

11

A.

THAT'S CORRECT.

12

Q.

AND YOU WORKED IN THE OPERATION CENTRAL DEPARTMENT?

13

A.

THAT WAS PART OF THE DEPARTMENT.

14

BUT OPCEN WAS ONE OF THEM.

15

Q.

YOU DID WORK IN THE OPERATION CENTRAL DEPARTMENT, CORRECT?

16

A.

YES.

17

Q.

AND OPERATION CENTRAL IS ALSO KNOWN AS OPCEN?

18

A.

YES.

19

Q.

LET'S TALK A BIT MORE ABOUT THE ORGANIZATION OF THE OPCEN

20

DEPARTMENT.

21

WAS MIKE BECK, RIGHT?

22

A.

HE WAS DEPARTMENT MANAGER FOR OPCEN.

23

Q.

HE WAS ONE OF YOUR SUPERVISORS?

24

A.

YES.

25

Q.

AND THERE ARE FOUR TEAMS IN OPCEN?

I HAD TWO DEPARTMENTS,

ONE OF YOUR SUPERVISORS DURING THIS TIME PERIOD

I REPORTED DIRECTLY TO MIKE BECK.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 65
PEREZ - DIRECT / SMALLETS
1

A.

THAT'S CORRECT.

2

Q.

EACH TEAM WORKS A DIFFERENT SHIFT?

3

A.

YES.

4

Q.

AND EACH TEAM HAS A DIFFERENT SHIFT TEAM LEAD; IS THAT

5

RIGHT?

6

A.

THAT'S CORRECT.

7

Q.

AND THOSE FOUR SHIFT TEAM LEADS IN OPCEN REPORTED TO YOU

8

DURING THAT TIME PERIOD; IS THAT RIGHT?

9

A.

THAT'S CORRECT.

10

Q.

AND THE OPERATORS IN THE OPCEN DEPARTMENT REPORTED

11

DIRECTLY TO THOSE FOUR SHIFT TEAM LEADS; IS THAT RIGHT?

12

A.

THAT'S CORRECT.

13

Q.

WHILE MS. NEWTON WAS WORKING FOR OPCEN, CAMERON CURRAN WAS

14

A TEMPORARY SHIFT TEAM LEAD IN OPCEN; IS THAT RIGHT?

15

A.

I AM NOT A HUNDRED PERCENT SURE WHEN CAMERON GOT PROMOTED.

16

Q.

OKAY.

17

A.

HE WAS A TEMPORARY AND THEN HE WENT TO PERMANENT SHIFT

18

TEAM LEADER.

19

Q.

20

TEAM LEADER IN OPCEN DURING THAT TIME PERIOD?

21

A.

YES, I BELIEVE THAT TO BE CORRECT.

22

Q.

CAMERON CURRAN WANTED TO BE APPOINTED TO A PERMANENT SHIFT

23

TEAM LEAD DURING THE 2016 TIME PERIOD; ISN'T THAT RIGHT?

OKAY.

AND MR. RICHARD METCALF WAS ALSO A TEMPORARY SHIFT

24

MR. LAFAYETTE:

25

THE COURT:

OBJECTION.

RELEVANCE, YOUR HONOR.

I'LL GIVE HER A LITTLE BIT OF LEEWAY.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 66
PEREZ - DIRECT / SMALLETS
1

BY MS. SMALLETS:

2

Q.

3

PERMANENT SHIFT TEAM LEAD DURING THE 2016 TIME PERIOD?

4

A.

I BELIEVE THAT TO BE CORRECT, YES.

5

Q.

YOU DECIDED WITH INPUT FROM OTHERS TO PROMOTE CAMERON

6

CURRAN TO THAT POSITION IN 2016, CORRECT?

7

A.

I'M NOT SURE WHAT YEAR CAMERON GOT PROMOTED.

8

Q.

RICHARD METCALF ALSO WANTED TO BE PROMOTED TO THE POSITION

9

OF PERMANENT SHIFT TEAM LEAD; IS THAT RIGHT?

CAMERON CURRAN WANTED TO BE PROMOTED TO THE POSITION OF

10

A.

YES, THAT IS CORRECT.

11

Q.

AND YOU PARTICIPATED IN THE DECISION NOT TO PROMOTE HIM

12

DURING THE TIME THAT YOU WERE PRODUCTION SUPERVISOR; IS THAT

13

CORRECT?

14

A.

THAT IS CORRECT.

15

Q.

AND RICHARD METCALF WAS EVENTUALLY PROMOTED TO PERMANENT

16

SHIFT TEAM LEAD BUT NOT UNTIL AFTER YOU LEFT THE PRODUCTION

17

SUPERVISOR POSITION?

18

MR. LAFAYETTE:

19

THE COURT:

OBJECTION, HEARSAY.

OVERRULED.

20

A.

21

BY MS. SMALLETS:

22

Q.

23

TO THE POSITION OF PERMANENT SHIFT TEAM LEAD DURING THE TIME

24

YOU WERE PRODUCTION SUPERVISOR?

25

A.

YEAH, THAT IS CORRECT.

IF YOU DON'T -- DO YOU RECALL, WAS CAMERON CURRAN PROMOTED

YES, I BELIEVE THAT IS CORRECT.

THERE WERE TWO OPENINGS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 67
PEREZ - DIRECT / SMALLETS
1

AND CAMERON WAS ONE OF THEM.

2

Q.

3

NOVEMBER OF 2016; IS THAT RIGHT?

4

A.

YEAH.

RIGHT AROUND THAT TIME.

5

Q.

OKAY.

NOW, I WOULD LIKE TO TALK TO YOU ABOUT MS. NEWTON'S

6

WORK ENVIRONMENT.

7

AND YOU STOPPED BEING THE PRODUCTION SUPERVISOR IN ABOUT

MS. NEWTON TOLD YOU THAT SHE FOUND A STICKER ON HER DESK

8

THAT SAYS, IF YOUR BE PUSSY HURTS, JUST STAY HOME?

9

A.

AUGUST 29TH, WHEN SHE TOLD ME ABOUT THAT.

10

Q.

THE STICKER -- THAT STICKER IS OFFENSIVE, ISN'T IT?

11

A.

YES.

12

Q.

MS. NEWTON WAS UPSET WHEN SHE TOLD YOU ABOUT THE STICKER,

13

WASN'T SHE?

14
15

MR. LAFAYETTE:

OBJECTION.

REQUIRES SPECULATION ON

HIS PART.

16

THE COURT:

LAY SOME FOUNDATION.

17

BY MS. SMALLETS:

18

Q.

19

THE STICKER?

20

A.

YES.

21

Q.

AND YOU HAD AN OPPORTUNITY TO OBSERVE HER DEMEANOR WHEN

22

SHE PROVIDED IT TO YOU?

23

A.

I DID.

24

Q.

WAS SHE UPSET?

25

A.

I DON'T RECALL.

YOU SPOKE TO MS. NEW IN PERSON WHEN SHE PROVIDED YOU WITH

THAT WAS -- I DON'T RECALL.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 68
PEREZ - DIRECT / SMALLETS
1

Q.

2

WOULD FIND OUT WHERE THE STICKER CAME FROM; IS THAT RIGHT?

3

A.

THAT IS INCORRECT.

4

Q.

YOU PROMISED HER YOU WOULD INVESTIGATE?

5

A.

I DON'T REMEMBER EVER SAYING PROMISE, BUT I WOULD LOOK

6

INTO IT.

7

Q.

AND YOU DID TELL HER YOU WOULD INVESTIGATE; IS THAT RIGHT?

8

A.

I TOLD HER I WOULD LOOK INTO IT.

9

SAW THE STICKER AND I TOLD HER I WOULD LOOK INTO IT.

AND YOU -- IN THAT MEETING, YOU PROMISED MS. NEWTON YOU

I APOLOGIZED THAT SHE

10

Q.

11

CHRISTINE LAYNE IN HUMAN RESOURCES ABOUT THE STICKER, DIDN'T

12

YOU?

13

A.

14

STICKER WAS FOUND THAT WAS INAPPROPRIATE.

15

Q.

MIKE BECK IS YOUR BOSS AT THE TIME?

16

A.

HE WAS.

17

Q.

CHRISTINE LAYNE IS IN HUMAN RESOURCES?

18

A.

SHE IS.

19

Q.

AND YOU SENT THEM A COPY OF THE STICKER AT THAT TIME?

20

A.

I BELIEVE I DID, BUT I JUST DON'T RECALL.

21

Q.

LATER THAT DAY, YOU EMAILED THE SHIFT TEAM LEADS ABOUT THE

22

STICKER; IS THAT RIGHT?

23

A.

I BELIEVE I DID.

24

Q.

PLEASE TURN TO EXHIBIT 46 IN THE WITNESS BINDER I'VE GIVEN

25

YOU.

AFTER YOUR CONVERSATION WITH MS. NEWTON, YOU TOLD

I BELIEVE I SENT HER AND MIKE BECK AN EMAIL SAYING THAT A

IS THAT AN EMAIL YOU SENT TO THE SHIFT TEAM LEADS?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 69
PEREZ - DIRECT / SMALLETS
1

A.

YES, IT WAS.

2
3

MS. SMALLETS:

YOUR HONOR, I WOULD LIKE TO OFFER

EXHIBIT 46 INTO EVIDENCE.

4

THE COURT:

5

MR. LAFAYETTE:

6

THE COURT:

7

ANY OBJECTION?
NO, YOUR HONOR.

ADMITTED.

(PLAINTIFF'S EXHIBIT 46 RECEIVED IN EVIDENCE)

8

BY MS. SMALLETS:

9

Q.

CAN YOU PLEASE TAKE A LOOK AT PAGE 2 OF THAT EMAIL?

10

A.

OKAY.

11

(DISPLAYED ON SCREEN.)

12

Q.

13

LEFT ON HER DESK?

14

A.

IT WAS.

15

Q.

NOW, LET'S GO BACK AND LOOK AT WHAT YOU WROTE ON YOUR

16

EMAIL.

17

IS THAT A COPY OF THE STICKER THAT MS. NEWTON TOLD YOU WAS

YOU WROTE THIS TO THE SHIFT TEAM LEADS?

18

A.

I DID.

19

Q.

YOU REFERRED TO THEM AS THE STL'S; IS THAT RIGHT?

20

A.

THAT'S CORRECT.

21

Q.

ARE THEY FREQUENTLY REFERRED TO THAT WAY AT THE REFINERY?

22

A.

YES.

23

Q.

TAKE A LOOK AT THE SECOND TO LAST SENTENCE.

24

REFERENCE TO THE PD FILE.

25

A.

THERE IS A

WHAT DOES THAT MEAN?

POSITIVE DISCIPLINE FILE WHERE -- GOOD AND BAD GOES IN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 70
PEREZ - DIRECT / SMALLETS
1

THERE.

2

Q.

3

PERFORMANCE?

4

A.

THAT'S ONE OF THE SPOTS.

5

Q.

IS THAT HOW SHELL COMMUNICATES WITH THE OPERATORS ABOUT

6

THEIR PERFORMANCE?

7

A.

IT IS A WAY OF DOCUMENTING CONVERSATIONS.

8

Q.

NOW, YOU SPECIFICALLY TOLD THE SHIFT TEAM LEADS NOT TO PUT

9

ANYTHING ABOUT THE STICKER IN THE PD FILE; ISN'T THAT TRUE?

IS THAT WHERE SHELL KEEPS TRACK OF THE OPERATOR'S

IS THAT ONE OF THE WAYS SHELL --

10

A.

NO, THAT'S NOT TRUE.

11

Q.

MR. PEREZ, I WOULD LIKE YOU TO -- TO TAKE A LOOK AT THE

12

SECOND TO LAST SENTENCE OF YOUR EMAIL?

13

TOLD SHIFT TEAM LEADS THERE IS NO NEED TO DOCUMENT ANYTHING

14

ABOUT THE STICKER IN ANYONE'S PD FILE?

15

A.

THAT IS NOT THE WAY THAT I READ THAT.

16

Q.

MR. PEREZ, ISN'T IT TRUE THAT YOU SAID TO THE STL'S IN

17

THIS EMAIL -- AND I'M QUOTING -- THERE IS NO NEED TO DOCUMENT

18

IN THE PD FILES --

19
20

MR. LAFAYETTE:

OBJECTION.

ISN'T IT TRUE THAT YOU

PREVIOUSLY ASKED AND

ANSWERED.

21

THE COURT:

OVERRULED.

22

A.

23

THE TEAMS AND PUT A STOP TO -- TO THAT STICKER.

24

BE TOLERATED IN THE REFINERY.

25

TALKED TO THE TEAM.

WHAT I MEANT ABOUT THAT IS TO HAVE THE CONVERSATIONS WITH
IT WILL NOT

THERE WAS NO REASON THAT THEY

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 71
PEREZ - DIRECT / SMALLETS
1

BY MS. SMALLETS:

2

Q.

3

FROM MS. NEWTON, YOU SENT AN EMAIL TO THE SHIFT TEAM LEADS AND

4

YOU TOLD THEM THAT THERE'S NO NEED TO DOCUMENT THAT STICKER IN

5

THE PD FILES; IS THAT RIGHT?

6

A.

7

DOCUMENT THE CONVERSATION THEY HAD WITH THE TEAM.

8

Q.

WAS THE STICKER DOCUMENTED IN ANYONE'S PD FILE?

9

A.

NOT THAT I RECALL.

10

Q.

AND NO ONE WAS EVER DISCIPLINED FOR BRINGING THAT STICKER

11

INTO THE REFINERY, WERE THEY?

12

A.

13

IN THE REFINERY.

14

Q.

15

WHO BROUGHT THE STICKER INTO THE REFINERY, DID YOU?

16

A.

17

LEADER AT THE TIME.

18

HIM IF HE HAD ANY -- IF HE KNEW WHO BROUGHT IT IN, AND I DON'T

19

BELIEVE HE KNEW AT THE TIME.

20

PUT A STOP TO IT.

21

TALK TO YOUR TEAMS, TO MAKE SURE THEY ARE NOT BRINGING ANY OF

22

THIS STUFF INTO THE REFINERY.

23

Q.

24

LEADERS TO FIND OUT WHO BROUGHT THE STICKER IN, DO YOU?

25

A.

MR. PEREZ, ON THE VERY DAY THAT YOU RECEIVED THAT STICKER

THAT IS NOT THE WAY THAT I READ THAT.

THERE IS NO NEED TO

IT WAS -- IT WAS NEVER FOUND OUT WHO BROUGHT THAT STICKER

YOU NEVER TOLD THE SHIFT TEAM LEADS TO TRY TO FIGURE OUT

I BELIEVE I TALKED TO METCALF THAT DAY.

HE WAS A SHIFT

I ASKED HIM -- I THINK I RECALL I ASKED

BUT MY WHOLE INTENT THERE WAS TO

IT WON'T BE TOLERATED IN THE REFINERY, TO

YOU DON'T RECALL TELLING ANYONE, ANY OF THE SHIFT TEAM

I BELIEVE I TALKED TO METCALF THAT DAY.

HE WAS THE SHIFT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 72
PEREZ - DIRECT / SMALLETS
1

TEAM LEADER ON -- AT -- AT THAT TIME.

2

CONVERSATION WITH HIM.

3

Q.

BUT YOU --

4

A.

BUT YOU --

5

Q.

I AM SORRY?

6

A.

I DON'T RECALL IF I TOLD HIM TO LOOK, IF HE KNEW WHO

7

BROUGHT IT IN.

8

Q.

9

YOU?

I JUST DON'T RECALL MY

YEAH, I DON'T KNOW.

YOU DON'T RECALL TELLING HIM TO LOOK WHO BROUGHT IT IN, DO

10

A.

11

BROUGHT IT IN.

12

Q.

13

STICKER IN TO THE REFINERY, DO YOU?

14

A.

I DON'T KNOW.

15

Q.

SOMEONE DID TELL YOU THAT THERE IS A STACK OF STICKERS

16

THAT HAD BEEN BROUGHT INTO THE WORKPLACE; ISN'T THAT RIGHT?

17

A.

I DON'T RECALL THAT CONVERSATION OR WHO HAD TOLD ME THAT.

18

Q.

MR. PEREZ, I TOOK YOUR DEPOSITION ON MARCH 8TH OF THIS

19

YEAR; IS THAT RIGHT?

20

A.

THAT'S CORRECT.

21

Q.

YOU TOOK AN OATH TO TELL THE TRUTH?

22

A.

I DID.

23

Q.

AND YOUR LAWYER WAS WITH YOU?

24

A.

YES.

25

Q.

AND THAT DEPOSITION WAS CLOSER IN TIME TO THE EVENTS THAN

I DON'T RECALL, BUT I THINK I ASKED HIM IF HE KNEW WHO

AS YOU SIT HERE TODAY, YOU DON'T KNOW WHO BROUGHT THAT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 73
PEREZ - DIRECT / SMALLETS
1

TODAY?

2

A.

3
4

YES.
Q

(By Ms. Smallets) YOUR HONOR, I WOULD LIKE TO READ

FROM THE WITNESS'S DEPOSITION PAGE 69, 22 TO 74.

5

MR. LAFAYETTE:

6

THE COURT:

7

MS. SMALLETS:

I COULDN'T HEAR --

70-74.

OKAY.

QUESTION:

GO AHEAD.
DID YOU -- WERE YOU EVER

8

INFORMED THAT THERE WAS MORE THAN ONE COPY OF THE STICKER AT

9

THE REFINERY?

ANSWER:

THAT -- NOT THAT I CAN RECALL BUT HOLD

10

ON.

11

WAS TOLD, AND I DON'T RECALL BY WHOM, THAT SOMEBODY HAD

12

BROUGHT A STACK OF THOSE -- OF THESE STICKERS IN.

13

BY MS. SMALLETS:

14

Q.

DO YOU RECALL THAT?

15

A.

IF IT'S ON THERE, BUT I JUST DON'T RECALL.

16

Q.

YOU DIDN'T ASK THE PERSON WHO TOLD YOU THAT WHO HAD

17

BROUGHT THE STICKERS IN, DID YOU?

18

A.

I DON'T EVER REMEMBER HAVING THAT CONVERSATION.

19

Q.

IT WOULD BE IMPORTANT TO YOU TO KNOW IF A SHIFT TEAM

20

LEADER HAD BROUGHT THE STICKER INTO THE REFINERY, WOULDN'T IT?

21

A.

YES.

22

Q.

BECAUSE IT WOULD BE IMPORTANT TO KNOW IF A SUPERVISOR HAD

23

BROUGHT A STICKER INTO THE REFINERY?

24

A.

YES.

25

Q.

BUT YOU DON'T RECALL EVER ASKING CAMERON CURRAN IF HE

LET ME THINK ABOUT THAT ONE.

I WANT TO -- I BELIEVE I

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 74
PEREZ - DIRECT / SMALLETS
1

BROUGHT THE STICKER INTO THE REFINERY, DO YOU?

2

A.

I CAN'T SAY I DID.

3

Q.

AND AS YOU SIT HERE TODAY, YOU DON'T RECALL ASKING

4

MR. CURRAN THAT, DO YOU?

5

A.

I DON'T RECALL.

6

Q.

AND AS YOU SIT HERE TODAY, YOU DON'T RECALL ASKING JEFF

7

FISCHER IF HE BROUGHT THAT STICKER INTO THE REFINERY, DO YOU?

8

A.

NO, I DON'T RECALL.

9

Q.

WHEN MS. NEWTON BROUGHT THAT STICKER -- WHEN MS. NEWTON

I JUST DON'T RECALL.

IT WAS JUST TOO LONG AGO.

10

TOLD YOU ABOUT THAT STICKER, THAT WASN'T THE FIRST TIME SHE

11

HAD RAISED CONCERNS ABOUT HOW SHE WAS BEING TREATED AT WORK,

12

WAS IT?

13

A.

THIS WAS ON THE 29TH?

14

Q.

YES.

15

A.

YEAH.

16

AND SHE BROUGHT UP STUFF AT THAT TIME.

17

Q.

18

WAY HER SUPERVISORS WERE TREATING HER?

19
20

I HEARD ABOUT GUY ROZAR AND CAMERON INTERVIEWED HER

AND YOU WERE AWARE THAT MS. NEWTON HAD CONCERNS ABOUT THE

MR. LAFAYETTE:

OBJECTION.

QUESTION'S OVERBROAD AND

VAGUE, YOUR HONOR.

21

THE COURT:

SUSTAINED.

22

BY MS. SMALLETS:

23

Q.

24

JULY 26, THAT MS. NEWTON FEELS LIKE SHE IS NOT BEING TREATED

25

BY EVERYONE -- LIKE EVERYONE ELSE; ISN'T THAT TRUE?

YOU TOLD MS. NEWTON'S SUPERVISOR, CAMERON CURRAN, ON

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 75
PEREZ - DIRECT / SMALLETS
1

A.

WHAT DAY WAS THAT?

2

Q.

JULY 26TH.

3

A.

YOU WOULD HAVE TO SHOW ME.

4

Q.

TAKE A LOOK AT EXHIBIT 31 IN YOUR WITNESS BINDER.

5

A.

OKAY.

6

Q.

DOES THAT REFRESH YOUR RECOLLECTION --

7

A.

IT DOES.

8

Q.

-- THAT YOU TOLD MR. CURRAN ON JULY 26 THAT MS. NEWTON

9

FEELS SHE IS NOT BEING TREATED LIKE EVERYONE ELSE?

10

A.

11

CAMERON AT THE TIME.

12

Q.

13

THAT TO MR. CURRAN?

I DON'T....

THAT IS FROM THE INTERVIEW NOTES I GOT FROM GUY ROZAR AND

THAT -- DOES THAT REFRESH YOUR RECOLLECTION THAT YOU TOLD

14

MR. LAFAYETTE:

15

THE COURT:

16

THE WITNESS:

OBJECTION.

ASKED AND ANSWERED.

OVERRULED.
CAN YOU REPEAT THAT, PLEASE?

17

BY MS. SMALLETS:

18

Q.

19

RECOLLECTION THAT YOU TOLD MR. CURRAN ON JULY 26, THAT

20

MS. NEWTON FEELS LIKE SHE'S NOT BEING TREATED LIKE EVERYONE

21

ELSE?

22

A.

23

ME WHEN THEY INTERVIEWED HER AT THE TIME.

24

Q.

YOU TOLD MR. CURRAN THAT?

25

A.

YEAH.

MY QUESTION TO YOU IS:

YES.

DOES THAT REFRESH YOUR

BUT THAT IS JUST IN REFERENCE TO WHAT THEY HAD GAVE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 76
PEREZ - DIRECT / SMALLETS
1

Q.

2

BEING SINGLED OUT?

3

A.

4

GUY ROZAR AND CAMERON.

5

Q.

YOU TOLD MR. CURRAN THAT?

6

A.

I GET -- LET ME JUST READ IT.

7

Q.

AND A FEW DAYS LATER, ON JULY 29TH, YOU EXCHANGED INSTANT

8

MESSAGES WITH CAMERON CURRAN, RIGHT?

9

A.

CAN YOU SHOW ME IT?

10

Q.

IT IS EXHIBIT 37.

11

A.

OKAY.

12

Q.

ARE THESE INSTANT MESSAGES THAT YOU EXCHANGED WITH

13

MR. CURRAN ON JULY 29TH?

14

A.

YES.

15

Q.

THESE ARE INSTANT MESSAGES THAT YOU EXCHANGED WITH MR.

16

CURRAN ON A SHELL INSTANT MESSAGING APP; IS THAT RIGHT?

17

A.

IT'S LINCOLN, YEAH.

18

Q.

YOU WERE WRITING THEM FROM YOUR WORK COMPUTER?

19

A.

YEAH.

20
21

YOU ALSO TOLD MR. CURRAN, MS. NEWTON FEELS THAT SHE IS

THAT WAS IN REFERENCE OF THE INTERVIEW NOTES I GOT FROM

MS. SMALLETS:

OR SKYPE.

(PAUSE.)

YES.

I'M NOT SURE.

YOUR HONOR, I WOULD LIKE TO OFFER

EXHIBIT 37 INTO EVIDENCE.

22

MR. LAFAYETTE:

23

THE COURT:

NO OBJECTION, YOUR HONOR.

ADMITTED.

24

(PLAINTIFF'S EXHIBIT 37 RECEIVED IN EVIDENCE)

25

(DISPLAYED ON SCREEN.)

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 77
PEREZ - DIRECT / SMALLETS
1

BY MS. SMALLETS:

2

Q.

3

MR. CURRAN, MR. CURRAN HAD JUST GIVEN MS. NEWTON HER MONTHLY

4

REVIEW, RIGHT?

5

A.

YES.

6

Q.

AND HE TOLD YOU MS. NEWTON WAS ASKING IF SHE WAS BEING

7

TREATED THE SAME AS ANOTHER OPERATOR?

8

A.

YES, THAT'S CORRECT.

9

Q.

AND THAT OPERATOR THAT SHE WAS ASKING ABOUT WAS A MAN,

AT THE TIME THAT YOU EXCHANGED THESE MESSAGES WITH

10

CORRECT?

11

A.

YES.

12

Q.

AND MR. CURRAN TOLD YOU THAT MS. NEWTON IS PUSHING HARD ON

13

THE EQUALITY THING.

14

A.

YES.

15

Q.

YOU DIDN'T TELL MR. CURRAN THAT THAT WAS AN INAPPROPRIATE

16

THING TO SAY, DID YOU?

17

A.

THIS WAS ABOUT THE TARDIES.

18

Q.

MR. PEREZ, MY QUESTION TO YOU WAS:

19

MR. CURRAN THAT THAT WAS AN INAPPROPRIATE THING TO SAY, DID

20

YOU?

21

A.

22

AROUND TARDIES AND BEING CONSISTENT HOW WE APPLY TARDIES.

23

THAT IS WHAT THIS MESSAGE IS ABOUT HERE.

24

THAT CLEAR.

25

Q.

YOU DIDN'T TELL

THIS HERE, THIS INTERCHANGE WITH ME AND CAMERON WERE

I JUST WANT TO MAKE

THAT IS WHAT THIS MESSAGE IS ABOUT HERE.

MR. PEREZ, MY QUESTION TO YOU WAS:

WHEN MR. CURRAN SAID

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 78
PEREZ - DIRECT / SMALLETS
1

THAT TO YOU, YOU DIDN'T TELL HIM THAT THAT WAS AN

2

INAPPROPRIATE THING FOR HIM TO HAVE SAID, DID YOU?

3

A.

I DON'T RECALL THAT.

4

Q.

OKAY.

5

TARDIES, IS THERE?

6

A.

7

I WAS SPEAKING, INSTANT MESSAGING BACK AND FORTH HERE, IT WAS

8

AROUND TARDIES BECAUSE I KNEW CIARA AT THE TIME SAID WE

9

WEREN'T CONSISTENT WITH HOW WE APPLIED TARDIES.

AND NOWHERE IN THIS MESSAGE IS THERE A REFERENCE TO

THE REFERENCE -- I GUESS THE REFERENCE WAS IN MY MIND WHEN

10

Q.

11

TO TARDIES, IS THERE?

12

A.

NO.

13

Q.

AND MS. NEWTON HAD NEVER SAID YOU WERE INCONSISTENT IN HOW

14

YOU APPLIED TARDIES WITH RESPECT TO MR. WESSELMAN, HAD SHE?

15

A.

IT WAS WITH THE OTHER NEW HIRES THAT SHE WAS REFERENCING.

16

Q.

JUST SO I'M CLEAR.

17

BILL WESSELMAN, CORRECT?

18

A.

THAT IS CORRECT.

19

Q.

AND THAT IS THE PERSON THAT -- THAT'S THE OTHER NEW HIRE

20

THAT'S REPORTING TO CAMERON CURRAN IN JULY OF 2016, CORRECT?

21

A.

22

CIARA.

23

Q.

24

FISCHER WERE ON CAMERON CURRAN'S TEAM, RIGHT?

25

A.

MR. PEREZ, NOWHERE IN THIS MESSAGE IS THERE ANY REFERENCE

I BELIEVE -- YEAH.

THE REFERENCE HERE TO BILL, THAT IS TO

I BELIEVE BILL WAS ON THE SAME TEAM AS

AND NONE OF THE OTHER NEW HIRES WHO TRAINED UNDER JEFF

NOT THAT I BELIEVE.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 79
PEREZ - DIRECT / SMALLETS
1

Q.

2

TARDIES WITH RESPECT TO THE PEOPLE, THE THREE NEW HIRES THAT

3

SHE TRAINED WITH UNDER JEFF FISCHER, CORRECT?

4

A.

I BELIEVE THAT TO BE CORRECT.

5

Q.

AFTER THIS SKYPE EXCHANGE WITH MR. CURRAN, YOU TOLD

6

CHRISTINE LAYNE IN HR THAT MS. NEWTON WAS REPORTING THAT SHE

7

WAS BEING TREATED DIFFERENTLY; IS THAT RIGHT?

8

A.

CAN YOU SHOW ME, PLEASE?

9

Q.

PLEASE LOOK AT EXHIBIT 34, THE LAST PAGE.

OKAY.

AND MS. NEWTON HAD ONLY RAISED A CONCERN ABOUT

10

MR. LAFAYETTE:

11

THE COURT:

12

MR. LAFAYETTE:

I COULDN'T HEAR THE EXHIBIT NUMBER.

34.
THANK YOU.

13

Q.

14

REPORTING THAT SHE WAS BEING TREATED DIFFERENTLY.

15

A.

16

CORRECT?

17

THING.

18

Q.

YES.

19

A.

THE STATEMENTS FROM CIARA ARE DOCUMENTED AND I WANTED TO

20

GET MORE INFORMATION FROM HER ABOUT THAT AT THIS TIME.

21

CHRISTINE DID KNOW.

22

Q.

23

ISN'T FAIR TO GET IN TROUBLE FOR REPORTING WHEN OTHER PEOPLE

24

HAVE INCIDENTS THAT DON'T GET REPORTED.

25

A.

YOU TOLD CHRISTINE LAYNE IN HR THAT MS. NEWTON WAS

YOU'RE TALKING ABOUT THE DOCUMENT, THE TALKING POINTS,

OKAY.

I WANT TO BE SURE WE ARE TALKING ABOUT THE SAME

AND

SHE HAD READ THIS DOCUMENT.

SO YOU TOLD CHRISTINE LAYNE THAT CIARA SAID IT

WHERE ARE YOU SEEING THAT -- THE LAST STATEMENT?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 80
PEREZ - DIRECT / SMALLETS
1

Q.

THE FIRST BULLET POINT.

2

A.

THIS IS WHAT CIARA HAD SAID DURING THE INVESTIGATION.

3

THAT I NEEDED TO FOLLOW UP ON.

4

Q.

AND YOU SENT THIS ON JULY 28TH, RIGHT?

5

A.

YES, THAT'S CORRECT.

6

Q.

SO YOU WERE AWARE THAT MS. NEWTON REPORTED THAT CONCERN

7

PRIOR TO JULY 28, CORRECT?

8

A.

9

HER AND THEN CIARA BROUGHT THIS UP.

THAT'S CORRECT.

IT FIRST CAME TO ME WHEN GUY ROZAR AND CAMERON INTERVIEWED
MY INTENT WAS TO GET MORE

10

INFORMATION, SO I COULD LOOK INTO THIS.

11

Q.

12

THAN JULY 28TH?

13

A.

YES.

14

Q.

YOU ALSO TOLD MS. LAYNE THAT MS. NEWTON WAS RAISING A

15

CONCERN THAT THE STL'S PICK AND CHOOSE WHICH INCIDENTS TO

16

REPORT.

17

A.

18

AND CAMERON AND THE UNION REPRESENTATION.

19

Q.

AND YOU WEREN'T PRESENT IN THAT MEETING?

20

A.

NO.

21

Q.

YOU TOLD MS. LAYNE THAT CIARA HAD -- AT SOME POINT PRIOR

22

TO JULY 28, MS. NEWTON HAD REPORTED THAT SHE'S NOT BEING

23

TREATED THE SAME AS THE OTHER GUYS.

24

A.

25

CAMERON'S NOTES AND I BECAME AWARE OF WHAT CIARA HAD SAID IN

SO YOU KNEW THIS, THAT SHE HAD THESE CONCERNS BY NO LATER

THAT IS WHAT CIARA HAD SAID DURING THAT MEETING WITH GUY

I BELIEVE IT WAS JULY 25TH, IS WHEN I SAW GUY ROZAR AND

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 81
PEREZ - DIRECT / SMALLETS
1

THAT MEETING.

2

REPRESENTATION OR UNION STEWARDS.

3

TWO UNION STEWARDS; I'M NOT A HUNDRED PERCENT SURE.

4

AWARE OF THAT ON JULY 25TH.

5

Q.

6

LATER THAN JULY 28TH, YOU WERE AWARE THAT MS. NEWTON WAS

7

CLAIMING THAT SHE'S NOT BEING TREATED THE SAME AS THE OTHER

8

GUYS.

9

A.

THAT IS WITH CAMERON, GUY, TWO UNION
IT MIGHT HAVE BEEN ONE OR
BUT I WAS

MR. PEREZ, MY QUESTION TO YOU WAS THAT ON JULY 28TH, BY NO

YEAH.

THAT -- THAT IS CORRECT.

THAT IS WHAT CIARA SAID

10

DURING THAT INTERVIEW.

11

Q.

YOU TOLD THAT TO CHRISTINE LAYNE?

12

A.

I DID.

13

Q.

YOU TALKED TO MS. NEWTON BEFORE JULY 28TH, CORRECT?

14

A.

JUST IN GENERAL OR....

15

Q.

YOU HAD CONVERSATIONS WITH HER?

16

A.

YES.

17

Q.

BUT YOU DON'T RECALL ANYTHING THAT WAS SAID IN THOSE

18

CONVERSATIONS, DO YOU?

19

A.

20

JUST A FRIENDLY CONVERSATION.

21

HIRES WERE.

22

Q.

23

HAD WITH MS. NEWTON, DO YOU?

I MEAN, WHEN I WOULD SEE HER THE CONTROL CENTER, IT WAS

YOU DON'T RECALL THE SPECIFICS OF THE CONVERSATIONS YOU

24
25

JUST LIKE THE REST OF THE NEW

MR. LAFAYETTE:

OBJECTION.

PREVIOUSLY ASKED AND

ANSWERED.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 82
PEREZ - DIRECT / SMALLETS
1
2

THE COURT:

OVERRULED.

SHE'S ON THE CLOCK.

YOU CAN

ANSWER.

3

THE WITNESS:

I MEAN, JUST LIKE -- I MEAN, THE

4

CORDIAL CONVERSATIONS, HI AND HOW IS IT GOING.

5

THAT....

6

BY MS. SMALLETS:

7

Q.

8

FISCHER, DIDN'T SHE?

9

A.

NO.

10

Q.

MS. NEWTON -- YOU AND MS. NEWTON HAD A CONVERSATION ABOUT

11

TARDIES DURING THE TIME SHE REPORTED TO JEFF FISCHER, DIDN'T

12

YOU?

13

A.

WE DID.

14

Q.

AND DURING THAT CONVERSATION SHE TALKED TO YOU ABOUT

15

CONCERNS SHE HAD?

16

A.

NO, SHE DIDN'T.

17

Q.

DO YOU RECALL ANYTHING THAT WAS SAID DURING THAT

18

CONVERSATION?

19

A.

20

SHELL'S TARDY POLICY AT THAT TIME.

21

Q.

22

DISCUSS THE ISSUES THAT YOU RAISED IN YOUR JULY 28TH, EMAIL.

23

A.

YES.

24

Q.

AND YOU WERE PRESENT AT THAT MEETING?

25

A.

I WAS.

BESIDES

MS. NEWTON TALKED TO YOU ABOUT CONCERNS SHE HAD WITH JEFF

I WANTED -- I DON'T.

I BELIEVE WE JUST WENT OVER OUR THE

THERE WAS A MEETING ON AUGUST 2ND TO DISCUSS THE -- TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 83
PEREZ - DIRECT / SMALLETS
1

Q.

MS. LAYNE WAS ALSO AT THAT MEETING?

2

A.

SHE WAS.

3

Q.

AND RAY JONES AND NICK BACKENS FROM THE UNION WERE THERE

4

AS WELL?

5

A.

THAT IS CORRECT.

6

Q.

AND DURING THAT MEETING MS. NEWTON SAID THAT SHE WAS BEING

7

TREATED DIFFERENT?

8

A.

9

THAT MEETING.

NO...

10
11

I DON'T RECALL IF SHE SAID ANYTHING LIKE THAT IN

MS. SMALLETS:

YOUR HONOR, I WOULD LIKE TO READ FROM

THE WITNESS'S DEPOSITION PAGE 103, 19 TO 23.

12

THE COURT:

13

MS. SMALLETS:

GO AHEAD.
QUESTION:

DID SHE SAY SHE HAD OTHER

14

CONCERNS?

15

I WOULD HAVE TO -- ONE MINUTE, PLEASE.

16

TREATED DIFFERENT AND THERE WERE TRAPS BEING SET UP.

17

BY MS. SMALLETS:

18

Q.

19

DIFFERENTLY, DIDN'T SHE?

20

A.

21

FROM THE INTERVIEW NOTES FROM CAMERON AND GUY ROZAR.

22

AUGUST 2ND, MEETING WAS TO GO AND FIND OUT MORE ABOUT WHAT SHE

23

WAS SAYING COMING OUT OF THE GUY ROZAR, CAMERON MEETING.

24
25

ANSWER:

SHE DID BUT I DON'T RECALL WHAT THEY WERE.
THAT SHE WAS BEING

SO MS. NEWTON AT THAT MEETING SAID SHE WAS BEING TREATED

I DON'T -- I DON'T BELIEVE SHE DID.

MS. SMALLETS:

I BELIEVE THAT WAS
THAT

YOUR HONOR, I WOULD LIKE TO READ FROM

THE WITNESS'S DEPOSITION AT PAGE 110 THROUGH 12.

I AM SORRY.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 84
PEREZ - DIRECT / SMALLETS
1

STARTING AT 101:24 THROUGH 102:4.

2

103:23.

3

THE COURT:

4

MS. SMALLETS:

5

YOU DON'T HAVE THE ANSWER ON 102.
I'M GOING TO START AT 103 -- SORRY.

103:10.

6

THE COURT:

7

MS. SMALLETS:

8

THE COURT:

9

MS. SMALLETS:

10

AND THEN 103, 10 THROUGH

ALL RIGHT.

CAN YOU GIVE ME THOSE AGAIN?

SURE.

101:24 -WELL, ACTUALLY 110:12 THEN 103, 10

THROUGH 23.

11

MR. LAFAYETTE:

12

MS. SMALLETS:

13

THE COURT:

I COULDN'T HEAR THE LAST ONE.
103, 10 THROUGH 23.

ALL RIGHT.

GUY ROZAR.

GO AHEAD.

14

BY MS. SMALLETS: QUESTION:

15

DOCUMENT YOU WENT OVER WITH THEM ON 8/2?

16

QUESTION:

17

RECALL.

18

DURING THE MEETING?

19

THAT WE DISCUSSED DURING THE MEETING?

20

DISCUSSED AND THEN SHE WAS GOING TO LET ME KNOW OF WHAT OTHER

21

CONCERNS SHE HAD.

22

CONCERNS?

23

WERE.

24

TREATED CAN DIFFERENT AND THAT TRAPS WERE BEING SET UP.

YOU PREPARED -- HAVING PREPARED A
ANSWER:

HOW LONG DID THE MEETING LAST ANSWER:

YES.
I DON'T

DID YOU GIVE CIARA THE DOCUMENT YOU REFERRED TO

ANSWER:

I DON'T RECALL.

QUESTION:

DO YOU RECALL ANYTHING
THE DOCUMENT WAS

DID SHE SAY SHE HAD OTHER

SHE DID, BUT I DON'T RECALL WHAT THEY

I HAVE -- ONE MINUTE, PLEASE -- THAT SHE WAS BEING

25

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 85
PEREZ - DIRECT / SMALLETS
1

BY MS. SMALLETS:

2

Q.

3

COULD CONFIRM YOUR CONCERNS, RIGHT?

4

CONCERNS?

5

A.

6

AND I NEEDED SOME MORE SPECIFICS AND WHO WAS AROUND, ANYBODY

7

WHO WITNESSED THIS AND AT THAT TIME I WAS GIVEN NONE.

8

Q.

9

COWORKERS WHO COULD CONFIRM HER CONCERNS?

YOU ASKED MS. NEWTON TO PROVIDE NAMES OF COWORKERS THAT
COULD CONFIRM HER

I WANTED TO DO A THOROUGH INVESTIGATION ON ANY CONCERNS

SO YOU ASKED MS. NEWTON TO PROVIDE YOU WITH NAMES OF

10

A.

I DID.

11

Q.

SHE TOLD YOU SHE WAS WORRIED HER WORKERS WOULD BE

12

RETALIATED AGAINST?

13

A.

14

TALK TO THEM BEFORE WE ASKED ANY COWORKERS QUESTIONS IS THE

15

WAY I REMEMBER IT.

16

RETALIATED.

17

Q.

TAKE A LOOK AT EXHIBIT 45 IN YOUR WITNESS BINDER.

18

A.

OKAY.

19

Q.

TOWARD THE END OF THE FIRST PARAGRAPH?

20

A.

OKAY.

21

Q.

YOU TOLD CHRISTINE LAYNE AND MIKE BECK THAT CIARA WAS

22

CONCERNED THERE WOULD BE RETALIATION FROM JEFF FISCHER TO THE

23

OTHER NEW HIRES; ISN'T THAT TRUE?

24

A.

I DID WRITE THAT.

25

Q.

MS. NEWTON WASN'T THE ONLY PERSON WHO HAD CONCERNS ABOUT

I DON'T KNOW IF RETALIATED AGAINST.

SHE JUST WANTED TO

I DON'T -- I DON'T REMEMBER THE WORD

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 86
PEREZ - DIRECT / SMALLETS
1

BRINGING INFORMATION TO HR, WAS SHE?

2
3

MR. LAFAYETTE:

OBJECTION.

IT CALLS FOR SPECULATION.

LACK OF FOUNDATION WITH THIS WITNESS.

4

THE COURT:

YOU NEED TO SET SOME FOUNDATION.

5

BY MS. SMALLETS:

6

Q.

7

HAD CONCERNS ABOUT GOING TO HR?

8

A.

I DON'T RECALL ANYBODY ELSE.

9

Q.

DIDN'T ONE OF MS. NEWTON'S COWORKERS, PATRICK NEUMAN, TELL

10

MS. NEWTON WASN'T THE ONLY PERSON WHO TOLD YOU THAT THEY

YOU THAT?

11
12

MR. LAFAYETTE:

THE COURT:

14

A.

15

TO HR.

16

BY MS. SMALLETS:

17

Q.

18

HR?

19

A.

21

OVERRULED.

BEING CONCERNED ABOUT GOING TO HR.

PATRICK NEUMAN SAID HE DIDN'T FEEL COMFORTABLE GOING TO

I DON'T EVER REMEMBER ANY OF THAT.
MS. SMALLETS:

I WOULD LIKE TO READ FROM HIS

DEPOSITION PAGE 251, LINES 20 TO 23.
MR. LAFAYETTE:

23

THE COURT:

25

SAY YES OR NO.

I DON'T BELIEVE PATRICK NEUMAN SAID ANYTHING ABOUT GOING

22

24

FOUNDATION, HEARSAY,

RELEVANCE.

13

20

OBJECTION.

CAN I HEAR THE LAST --

251, 20 TO 23. I DON'T KNOW WHAT THIS

REFERS TO.
MS. SMALLETS:

TO MR. NEUMAN NOT BEING

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 87
PEREZ - DIRECT / SMALLETS
1

COMFORTABLE GOING TO HR.

2

THE COURT:

3

SOMETHING.

4

HERE.

5
6

I DON'T KNOW WHAT DOCUMENT YOU ARE TALKING ABOUT

WHAT DOCUMENT IS REFERENCED IN THIS -MS. SMALLETS:

IT'S A CONVERSATION THAT MR. PEREZ AND

CHRIS PALACIO WITH PATRICK NEUMAN.

7
8

YOU ARE ASKING HIM TO READ FROM

THE COURT:

LINE 20 SAID CAN YOU READ?

WHAT DOCUMENT

ARE YOU ASKING HIM TO READ FROM IN THIS SECTION?

9

MR. LAFAYETTE:

10

MS. SMALLETS:

IT IS PART OF THE MOTION IN LIMINE.
IT'S FROM NOTES THAT WERE TAKEN.

11

WE'RE NOT -- SUBSEQUENT TO HER TERMINATION.

12

ASKING ABOUT ANY OF THE....

13

THE COURT:

NO, YOU CAN'T.

WE ARE NOT

MOVE ON.

14

BY MS. SMALLETS:

15

Q.

16

DIDN'T WANT YOU TO LOOK FURTHER INTO HER CONCERN THAT SHE

17

WAS -- WAS NOT BEING TREATED FAIRLY, RIGHT?

18

A.

19

COULD LOOK INTO IT.

20

Q.

21

IT?

22

A.

23

SPECIFICS SO WE CAN LOOK INTO --

24

Q.

25

SHE WHY DIDN'T WANT YOU TO LOOK INTO IT?

MS. NEWTON NEVER TOLD YOU THAT SHE DIDN'T WANT YOU -- SHE

I WENT LOOKING FOR CIARA TO GET MORE INFORMATION SO I

MS. NEWTON NEVER TOLD YOU SHE DIDN'T WANT YOU TO LOOK INTO

CIARA TOLD ME SHE WAS GOING TO EMAIL ME AND HR SOME OF THE

MY QUESTION FOR YOU IS:

MS. NEWTON NEVER TOLD YOU WITH

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 88
PEREZ - DIRECT / SMALLETS
1

A.

2

ANY KIND MUCH SPECIFICS THAT I NEEDED.

3

Q.

4

COWORKERS, DID YOU?

5

A.

I DIDN'T.

6

Q.

YOU DIDN'T NEED HER PERMISSION?

7

A.

I DIDN'T NEED HER PERMISSION, THAT'S CORRECT.

8

Q.

BUT YOU KNEW WHO WERE COWORKERS WERE, DIDN'T YOU?

9

A.

I KNEW ALL HER COWORKERS, YES.

10

Q.

DURING THE TIME SHE TRAINED UNDER JEFF FISCHER, SHE HAD

11

THREE COWORKERS; ISN'T THAT CORRECT.

12

A.

THAT'S CORRECT.

13

Q.

YOU KNEW ALL OF THEIR NAMES?

14

A.

I DID.

15

Q.

YOU DIDN'T TALK TO ANY OF THEM, DURING HER EMPLOYMENT,

16

ABOUT THE CONCERNS SHE WAS RAISING?

SHE WANTED TO TALK TO HER WORKERS FIRST BEFORE SHE GAVE ME

YOU DIDN'T NEED MS. NEWTON'S PERMISSION TO TALK TO HER

17
18

I JUST DIDN'T KNOW WHO TO TALK TO.

MR. LAFAYETTE:

OBJECTION.

THAT'S CORRECT.

OVERBROAD, VAGUE, AND

AMBIGUOUS.

19

THE COURT:

OVERRULED.

20

A.

21

CONCERNS?

22

BY MS. SMALLETS:

23

Q.

24

ANY OF THE THREE PEOPLE WHO REPORTED TO JEFF FISCHER ALONG

25

WITH MS. NEWTON ABOUT THE CONCERNS THAT -- ANY CONCERNS SHE

THESE -- AT WHAT DAY ARE YOU TALKING ABOUT LOOKING INTO
I GUESS THAT WOULD HELP ME OUT.

AT ANY POINT PRIOR TO HER TERMINATION, YOU DIDN'T TALK TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 89
PEREZ - DIRECT / SMALLETS
1

HAD?

2

A.

3
4

WE INTERVIEWED PATRICK, CAMERON -MS. SMALLETS:

YOUR HONOR?

THAT'S GOVERNED BY THE

MOTION IN LIMINE.

5

THE COURT:

I'LL STRIKE THAT ANSWER.

CAN YOU ANSWER

6

HER QUESTION?

7

BY MS. SMALLETS:

8

Q.

9

TALK TO JOSE NAVARRO ABOUT ANY CONCERNS MS. NEWTON MAY HAVE

DURING MS. NEWTON'S EMPLOYMENT, YOU PERSONALLY DID NOT

10

HAD?

11

A.

12

ALL FOUR NEW HIRES THAT WERE --

13

Q.

I -- I -- WITH REGARD TO THE TARDIES, I DID INVESTIGATE

MR. FISCHER (SIC),

14

MR. LAFAYETTE:

15

THE COURT:

16

MS. SMALLETS:

MY QUESTION TO YOU WAS -OBJECTION.

SUSTAINED.

HIS NAME IS MR. PEREZ.

I AM SORRY.

17

BY MS. SMALLETS:

18

Q.

19

YOU DIDN'T -- DURING CIARA'S EMPLOYMENT, YOU DIDN'T TALK TO

20

JOSE NAVARRO ABOUT ANY OF THE CONCERNS MS. NEWTON HAD RAISED?

21

A.

I DON'T RECALL THAT.

22

Q.

AND YOU DIDN'T TALK TO PATRICK NEUMAN ABOUT ANY CONCERNS

23

MS. NEWTON HAD RAISED DURING MS. NEWTON'S EMPLOYMENT BEFORE

24

SHE WAS TERMINATED?

25

A.

MR. PEREZ, MY QUESTION TO YOU IS DURING YOUR EMPLOYMENT

I DIDN'T.

I DON'T BELIEVE I DID.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 90
PEREZ - DIRECT / SMALLETS
1

Q.

AND YOU DIDN'T TALK TO MENA EITHER, DID YOU?

2

A.

I DON'T BELIEVE I DID.

3

Q.

DURING THE TIME THAT MS. NEWTON WAS ON THE SHIFT REPORTING

4

TO CAMERON CURRAN, SHE HAD SIX COWORKERS, RIGHT?

5

A.

CAN YOU PLEASE REPEAT THAT?

6

Q.

SURE.

7

AND REPORTING TO CAMERON CURRAN, SHE HAD SIX COWORKERS IN

8

OPCEN NORTH TEAM 4, DIDN'T SHE?

9

A.

YES, APPROXIMATELY SIX IN THE OPCEN NORTH.

10

Q.

YOU KNOW WHO THEY WERE AT THE TIME?

11

A.

YES.

12

Q.

AND YOU DIDN'T TALK TO ANY OF THEM EITHER, DID YOU, DURING

13

HER EMPLOYMENT ABOUT THE CONCERNS SHE HAD RAISED?

14

A.

15

CONCERNS THAT CIARA BROUGHT TO ME.

16

Q.

17

DIFFERENTLY THAN THE OTHER GUYS, CORRECT?

18

CHRISTINE LAYNE THAT, RIGHT?

19

A.

YES.

20

Q.

AND YOU DIDN'T TALK TO ANY OF HER COWORKERS IN OPCEN NORTH

21

TEAM 4 ABOUT THAT ISSUE DURING HER EMPLOYMENT?

22

A.

I DON'T RECALL.

23

Q.

ON SEPTEMBER 17TH, MS. NEWTON SENT YOU A FOLLOW-UP EMAIL,

24

CORRECT?

25

A.

DURING THE TIME THAT MS. NEWTON WAS ON HER SHIFT

THERE WAS NEVER -- I JUST -- THERE WAS NEVER SPECIFIC

YOU KNEW THAT SHE HAD SAID SHE HAD BEEN TREATED
BECAUSE YOU TOLD

I DON'T BELIEVE I DID.

CAN I LOOK AT IT?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 91
PEREZ - DIRECT / SMALLETS
1

Q.

EXHIBIT 51.

2

A.

THANK YOU.

3

Q.

THIS IS AN EMAIL MS. NEWTON SENT YOU?

4

A.

YES.

5
6

Q

OKAY.

(By Ms. Smallets) YOUR HONOR, I WOULD LIKE TO OFFER

EXHIBIT 51 INTO EVIDENCE

7

MR. LAFAYETTE:

8

THE COURT:

NO OBJECTION, YOUR HONOR.

51 IS ADMITTED.

9

(PLAINTIFF'S EXHIBIT 51 RECEIVED IN EVIDENCE)

10

(DISPLAYED ON SCREEN.)

11

BY MS. SMALLETS:

12

Q.

13

STICKER THAT HAD BEEN LEFT ON HER DESK, DIDN'T SHE?

14

A.

YES.

15

Q.

AND SHE REMINDED YOU THAT YOU HAD PREVIOUS -- YOU HAD

16

DISCUSSED PREVIOUS INCIDENTS WHERE SHE FELT SINGLED OUT.

17
18

MS. NEWTON REMINDED YOU THAT THE STICKER, ABOUT THE

MR. LAFAYETTE:

OBJECTION, YOUR HONOR.

THE DOCUMENT

IS THE BEST EVIDENCE OF WHAT IT SAYS.

19

THE COURT:

20

THE WITNESS:

OVERRULED.
YES.

THIS WAS ABOUT THE TARDIES.

21

BY MS. SMALLETS:

22

Q.

23

THAT EMAIL, DOES IT?

24

A.

THIS IS THE WAY I TOOK IT, THE TARDIES.

25

Q.

IT DOESN'T SAY TARDIES ANYWHERE IN THAT EMAIL, DOES IT?

DOES IT -- MR. PEREZ, IT DOESN'T SAY TARDIES ANYWHERE IN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 92
PEREZ - DIRECT / SMALLETS
1

MR. LAFAYETTE:

2

BEST EVIDENCE RULE.

3

THE COURT:

4

THE WITNESS:

OBJECTION, ASKED AND ANSWERED.

OVERRULED.

THE

ANSWER THE QUESTION.

IT DOESN'T.

5

BY MS. SMALLETS:

6

Q.

IT REFERS TO THE STICKER?

7

A.

YES.

8

Q.

AND IT REFERS TO OTHER PREVIOUS INCIDENTS, PLURAL,

9

CORRECT?

10

A.

YES.

11

Q.

AND YOU KNEW FROM THIS EMAIL THAT SHE EXPECTED YOU TO

12

INVESTIGATE?

13

A.

14

PUT A STOP TO YOU.

15

Q.

16

SITUATION?

17

A.

YES, THAT IS WHAT SHE SAID.

18

Q.

SO YOU KNEW SHE WAS EXPECTING YOU TO INVESTIGATE?

19

A.

AT THE TIME WHEN I GOT THAT STICKER, MY WHOLE THING WAS TO

20

PUT A STOP TO IT.

21

Q.

I TOLD CIARA THAT I WAS GOING TO LOOK INTO IT AND WE WOULD

SHE SAYS YOU MENTIONED YOU WOULD INVESTIGATE THE

MR. PEREZ, MY QUESTION --

22
23

MR. LAFAYETTE:

SHE CUT THE

WITNESS OFF.

24
25

OBJECTION, YOUR HONOR.

THE COURT:

WELL, HE WASN'T ANSWERING HER QUESTION.

GO AHEAD.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 93
PEREZ - DIRECT / SMALLETS
1

BY MS. SMALLETS:

2

Q.

3

RECEIVED THAT EMAIL ON SEPTEMBER 17TH, YOU KNEW THAT MS.

4

NEWTON WAS EXPECTING YOU TO INVESTIGATE?

5

A.

I DID NOT KNOW THAT FROM CIARA.

6

Q.

SHE TOLD YOU THAT YOU SAID YOU WOULD INVESTIGATE THE

7

SITUATION?

8

A.

9

INVESTIGATE IT.

MR. PEREZ, MY QUESTION TO YOU WAS, AT THE TIME THAT YOU

I JUST DON'T RECALL EVER TELLING CIARA I WAS GOING TO
I DO RECALL THAT I SAID I WOULD LOOK INTO IT.

10

Q.

IS LOOKING INTO IT DIFFERENT THAN INVESTIGATING?

11

A.

YEAH.

12

Q.

YOU FORWARDED THIS EMAIL TO MIKE BECK AND CHRISTINE LATER

13

THAT MORNING, CORRECT?

14

A.

ON THE 29TH?

15

Q.

YES.

16

A.

YES, I BELIEVE I DID.

17

Q.

YOU DIDN'T RESPOND TO MS. NEWTON, DID YOU?

18

A.

SEPTEMBER 17TH ONE?

19

Q.

RIGHT.

20

A.

I BELIEVE I DID RESPOND TO HER.

21

DID.

22

Q.

YOU SENT HER AN EMAIL?

23

A.

I BELIEVE SO.

24

Q.

HAVE YOU SEEN A COPY OF THAT EMAIL?

25

A.

I THOUGHT YOU GUYS HAD ONE.

AUGUST 29TH?

AND I TOLD -- I BELIEVE I

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 94
PEREZ - DIRECT / SMALLETS
1

Q.

2

LET'S TAKE A LOOK AT EXHIBIT 50.
MS. NEWTON SENT YOU AN EMAIL ON SEPTEMBER 20TH SAYING, I'M

3

JUST FOLLOWING UP, CORRECT?

4

A.

THAT IS CORRECT.

5

Q.

EXHIBIT 50 IS AN EMAIL EXCHANGE THAT YOU PARTICIPATED IN?

6

A.

YES.

7
8

MS. SMALLETS:

I WOULD LIKE EXHIBIT 50 TO BE ADMITTED

INTO EVIDENCE.

9

MR. LAFAYETTE:

10

THE COURT:

NO OBJECTION, YOUR HONOR.

50 IS ADMITTED.

11

(PLAINTIFF'S EXHIBIT 50 RECEIVED IN EVIDENCE)

12

(DISPLAYED ON SCREEN.)

13

BY MS. SMALLETS:

14

Q.

15

YOUR RECOLLECTION THAT YOU DID NOT RESPOND TO MS. NEWTON ON

16

MS. NEWTON'S SEPTEMBER 17TH EMAIL?

17

A.

18

RESPOND TO CIARA.

19

Q.

YOU DIDN'T RESPOND TO HER SEPTEMBER 17TH, EMAIL, DID YOU?

20

A.

I AM SORRY.

21

Q.

THE ONE ON BOTTOM OF THE PAGE.

22

A.

I THINK THAT WAS MY RESPONSE ON SEPTEMBER 21ST.

23

Q.

SHE EMAILS YOU ON SEPTEMBER 17TH, AND THEN SHE EMAILS YOU

24

ON SEPTEMBER 20TH.

25

A.

AFTER REVIEWING THAT EMAIL, MR. PEREZ, DOES THAT REFRESH

MAYBE I AM MISUNDERSTANDING.

ON SEPTEMBER 21ST, I DID

SEPTEMBER 17TH.

YEAH, SO... SO I'M NOT SURE IF THAT WAS MY DATE.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 95
PEREZ - DIRECT / SMALLETS
1

Q.

MY QUESTION WAS SHE EMAILED YOU ON SEPTEMBER 17TH?

2

MR. LAFAYETTE:

3

THE COURT:

OBJECTION.

HE IS TRYING TO ANSWER.

AND THERE WASN'T A QUESTION.

SO LET'S

4

TRY TO DO THIS CIVILLY.

5

BY MS. SMALLETS:

6

Q.

7

CORRECT?

8

A.

THAT IS CORRECT.

9

Q.

THEN SHE EMAILS YOU AGAIN ON SEPTEMBER 20TH, CORRECT?

10

A.

YES.

11

Q.

AND THEN YOU RESPOND ON SEPTEMBER 21ST, CORRECT?

12

A.

YES, THAT'S CORRECT.

13

Q.

AND YOU FORWARDED THIS EMAIL STRING TO CHRISTINE LAYNE IN

14

HR, CORRECT?

15

A.

I DID.

16

Q.

AND YOU DID RESPOND TO THIS EMAIL?

17

A.

YOU'RE TALKING ABOUT HER SEPTEMBER 20TH?

18

Q.

YES.

19

A.

YES, I DID RESPOND TO IT.

20

Q.

YOU DIDN'T TELL MS. NEWTON THAT YOU NEEDED ANY ADDITIONAL

21

INFORMATION TO INVESTIGATE, DID YOU?

22

A.

ON SEPTEMBER 21ST, I DON'T BELIEVE I DID.

23

Q.

YOU NEVER SAID THAT TO HER AT ANY POINT AFTER AUGUST 29TH,

24

DID YOU?

25

A.

MR. PEREZ, MS. NEWTON EMAILS YOU ON SEPTEMBER 17TH,

THE STICKER WAS GONE AT THIS TIME.

I DIDN'T -- THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 96
PEREZ - DIRECT / SMALLETS
1

STICKERS CAME TO A STOP QUICKLY WHEN I FIRST FOUND OUT ABOUT

2

IT.

3

Q.

4

AUGUST 29TH, YOU DID NOT TELL MS. NEWTON THAT YOU NEEDED ANY

5

ADDITIONAL INFORMATION TO INVESTIGATE?

6

A.

I DON'T BELIEVE I DID.

7

Q.

THE NEXT DAY, SEPTEMBER 21ST, RICHARD METCALF SENT YOU HIS

8

240-DAY PROGRESS REPORT, CORRECT?

9

A.

CAN YOU SHOW ME, PLEASE?

10

Q.

EXHIBIT 60 IN YOUR WITNESS BINDER.

MY QUESTION, MR. PEREZ IS:

11

THE CLERK:

12

MS. SMALLETS:

13

THE CLERK:

14

MS. SMALLETS:

15

THE CLERK:

16

THE WITNESS:

17

BY MS. SMALLETS:

18

Q.

19

SEPTEMBER 21ST?

20

A.

21
22

AT ANY POINT IN TIME AFTER

SIX?
ZERO.

SAY IT AGAIN, PLEASE?
SIX ZERO.

OKAY.
YES.

IS THAT AN EMAIL THAT MR. METCALF SENT TO YOU ON

YES.
MS. SMALLETS:

YOUR HONOR, I WOULD LIKE TO ADMIT

EXHIBIT 60 INTO EVIDENCE.

23

MR. LAFAYETTE:

24

THE COURT:

NO OBJECTION, YOUR HONOR.

60 IS ADMITTED.

25

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 97
PEREZ - DIRECT / SMALLETS
1

(PLAINTIFF'S EXHIBIT 60 RECEIVED IN EVIDENCE)

2

(DISPLAYED ON SCREEN.)

3

BY MS. SMALLETS:

4

Q.

5

MR. METCALF SENT YOU THIS EMAIL, HE HAD BEEN SUPERVISING

6

MS. NEWTON FOR APPROXIMATELY TWO MONTHS, CORRECT?

7

A.

I'M NOT A HUNDRED PERCENT SURE ON THAT.

8

Q.

TAKE A LOOK AT PAGE 2 OF THIS EXHIBIT.

9

SAYS, TIME UNDER YOUR SUPERVISION.

10

AT THE TIME YOU SENT THIS EMAIL -- I'M SORRY --

TOWARD THE TOP IT

DO YOU SEE THAT?

11

A.

OKAY.

12

Q.

DOES THAT REFRESH YOUR RECOLLECTION THAT AT THAT TIME

13

MR. METCALF HAD BEEN SUPERVISING MS. NEWTON FOR APPROXIMATELY

14

TWO MONTHS?

15

A.

YES.

16

Q.

AND YOU REVIEWED THE PROGRESS REVIEW THAT MR. METCALF HAD

17

SENT TO YOU, CORRECT?

18

A.

I DID.

19

Q.

AND YOU KNEW WHEN YOU REVIEWED THE REVIEW THAT MR. METCALF

20

WAS RECOMMENDING THAT MS. NEWTON'S -- MS. NEWTON CONTINUE AS

21

AN EQUILON EMPLOYEE.

22

A.

NO.

23

Q.

MR. METCALF (SIC), YOU REVIEWED THIS REVIEW, CORRECT?

24

A.

I DID, YES.

25

Q.

AND THIS REVIEW SAYS ON THIS REVIEW THERE'S A QUESTION

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 98
PEREZ - DIRECT / SMALLETS
1

THAT SAYS:

2

PERFORMANCE TO DATE, SHOULD THE INDIVIDUAL CONTINUE AS AN

3

EQUILON EMPLOYEE, CORRECT?

4

A.

IT DOES.

5

Q.

THERE IS AN X NEXT TO THE BOX THAT SAYS YES, CORRECT?

6

A.

THAT IS CORRECT.

7

Q.

AND AFTER YOU RECEIVED THIS REVIEW FROM MR. METCALF, YOU

8

EMAILED HIM A RESPONSE THAT VERY MORNING, CORRECT?

9

A.

YES.

10

Q.

YOU TOLD MR. METCALF THAT THE TWO OF YOU NEEDED TO ALIGN

11

ON THE PROGRESS REVIEW, CORRECT?

12

A.

13

HIS RATING AND THAT PROGRESS REPORT.

14

Q.

15

CIARA'S 240 REVIEW, CORRECT?

16

A.

YES.

17

Q.

AND AT THAT TIME THAT YOU SENT THAT EMAIL TO MR. METCALF,

18

YOU KNEW SHELL HAD ALREADY DECIDED TO TERMINATE MS. NEWTON,

19

CORRECT?

20

A.

I DON'T KNOW THE EXACT DAY THAT THEY DECIDED THAT.

21

Q.

YOU PARTICIPATED IN THE DECISION?

22

A.

THE RECOMMENDATION, YES.

23

Q.

AND YOU MADE A RECOMMENDATION TO FIRE HER?

24

A.

YES.

25

Q.

AND AT THE TIME OF THAT EMAIL, YOU ALREADY MADE THAT

BASED ON YOUR KNOWLEDGE OF THE EMPLOYEE'S

NOT THAT ME AND HIM HAD TO ALIGN BUT HE HAD TO ALIGN WITH

YOU TOLD MR. METCALF BEFORE YOU ISSUE, LET'S ALIGN ON

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 99
PEREZ - DIRECT / SMALLETS
1

RECOMMENDATION?

2

A.

3

SO.

4

Q.

YOU MADE THAT RECOMMENDATION TO MIKE BECK?

5

A.

MIKE BECK AND HR, YES.

6

Q.

CHRISTINE LAYNE?

7

A.

YES.

8

Q.

AND YOU MADE THAT RECOMMENDATION EVEN THOUGH YOU ARE NOT

9

IN A POSITION TO DIRECTLY OBSERVE MS. NEWTON'S PERFORMANCE,

I BELIEVE -- I'M NOT A HUNDRED PERCENT SURE BUT I BELIEVE

10

CORRECT?

11

A.

12

THAT I LOOKED INTO.

13

Q.

14

DIRECTLY OBSERVE HER PERFORMANCE?

15

A.

16

SEE WITH MY OWN EYES, I GUESS.

17

Q.

18

TO DECIDE SHE SHOULD BE TERMINATED?

19

A.

20

SEEN OR THAT WAS LOOKED INTO.

21

Q.

22

DECIDING THAT SHE SHOULD BE TERMINATED?

23

A.

WITH REGARD TO THE TARDIES, YES, I DID.

24

Q.

YOU DID NOT PERSONALLY OBSERVE MS. NEWTON BEING TARDY,

25

CORRECT?

THERE WAS A LOT OF RED FLAGS ABOUT CIARA'S PERFORMANCE

MY QUESTION TO YOU IS, WHETHER YOU WERE IN A POSITION TO

I WASN'T ON SHIFT ROTATING WITH THEM, BUT I DIDN'T, YEAH,

YOU DIDN'T RELY ON YOUR OWN INTERACTIONS WITH MS. NEWTON

I RELIED ON ALL THE RED FLAGS FROM THE PERFORMANCE THAT I

YOU DIDN'T RELY ON YOUR OWN INTERACTIONS WITH HER IN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 100
PEREZ - CROSS / LAFAYETTE
1

A.

2

THE TURNSTILE AFTER 6:15.

3

Q.

SO YOU DID NOT PERSONALLY OBSERVE THAT; IS THAT CORRECT?

4

A.

THAT'S CORRECT.

5

Q.

YOU DIDN'T PERSONALLY OBSERVE ANY OF THE INCIDENTS THAT

6

YOU ARE CLAIMING -- THAT YOU WERE CLAIMING WHICH SHE HAD POOR

7

PERFORMANCE?

8

A.

9
10

I OBSERVED THE GATE LOGS BUT I DIDN'T SEE HER COMING INTO

THAT'S CORRECT.
I HAVE NOTHING FURTHER, YOUR HONOR, AT

MS. SMALLETS:
THIS TIME.

ANY EXAMINATION NOW OR DO YOU WAIT?

11

THE COURT:

12

MR. LAFAYETTE:

13

I WILL HAVE SOME, YOUR HONOR.

CROSS-EXAMINATION

14

BY MR. LAFAYETTE:

15

Q.

GOOD MORNING.

16

A.

GOOD MORNING.

17

Q.

YOU'VE BEEN AT THE REFINERY FOR HOW LONG?

18

A.

SINCE JULY OF '94.

19

Q.

SINCE JULY OF '94.

20

REFINERY, YOU'VE HAD TO MAKE RECOMMENDATIONS ON WHETHER OR NOT

21

PEOPLE WOULD REMAIN OR LEAVE THE REFINERY BEFORE?

22

A.

I HAVE.

23

Q.

AND IN THE PAST WHEN YOU'VE DONE THAT, DID YOU MAKE

24

RECOMMENDATIONS RELATING TO MEN, WHETHER OR NOT THEY WOULD

25

REMAIN OR STAY AT THE REFINERY BEFORE?

DURING THE TIME YOU'VE BEEN AT THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 101
PEREZ - CROSS / LAFAYETTE
1

A.

I HAVE.

2

Q.

WHEN YOU DID THAT DID YOU MAKE YOUR RECOMMENDATION SOLELY

3

ON WHAT YOU SAW WITH THEM?

4

A.

NO.

5

Q.

WHAT DID YOU BASE YOUR RECOMMENDATION ON?

6

A.

ONE WAS STEALING FROM THE COMPANY, REPORTING TIME HE WAS

7

COMING IN THE GATES.

8

Q.

9

I DON'T WANT THE CONTENT.
DID YOU BASE YOUR RECOMMENDATIONS ON YOUR OBSERVATIONS

10

ONLY?

11

A.

NO.

12

Q.

DID YOU BASE YOUR RECOMMENDATIONS ON INFORMATION PROVIDED

13

TO YOU BY OTHER PEOPLE?

14

A.

YES.

15

Q.

WITH REGARD TO MAKING A RECOMMENDATION WITH REGARD TO

16

MS. NEWTON, DID YOU USE THAT SAME PROCESS BEFORE DECIDING WHAT

17

RECOMMENDATION YOU WOULD MAKE FOR HER?

18

A.

YES.

19

Q.

NOW, YOU'VE BEEN SHOWN EXHIBIT 60, PLAINTIFF'S EXHIBIT 60,

20

DO YOU HAVE IT THERE IN FRONT OF YOU?

21

A.

YES.

22

Q.

I WOULD LIKE TO PULL IT UP FOR A SECOND.

23

MR. LAFAYETTE:

24

SCREEN, YOUR HONOR.

25

THE COURT:

IN THE BINDER?

I WILL -- WOULD LIKE TO PUT IT ON THE

YOU MAY.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 102
PEREZ - CROSS / LAFAYETTE
1

(DISPLAYED ON SCREEN.)

2

BY MR. LAFAYETTE:

3

Q.

RECOGNIZE EXHIBIT 60 THERE?

4

A.

YES.

5

Q.

OKAY.

6

IN PLAINTIFF'S EXHIBIT 60.

7

A.

YES.

8

Q.

TELL ME WHAT THAT IS.

9

A.

IT WAS SCALE OF PERFORMANCE AND SOME BEHAVIORS ON A ONE TO

NOW, I WANT TO DIRECT YOUR ATTENTION TO SOMETHING
YOU SEE THAT?

10

FIVE SCALE WITH ONE BEING THE LOWEST.

11

Q.

12

ASSESSMENTS PREVIOUSLY PROVIDED TO YOU BY MR. METCALF?

13

A.

YES.

14

Q.

OKAY.

15

FOR HER WITH REGARD TO PERMITTING?

16

A.

A 2.

17

Q.

A 2.

18

OR NOT SHE SHOULD REMAIN IN THE REFINERY?

19

A.

A 2.

20

Q.

AND WHAT WAS HIS RATING FOR HER WITH REGARD TO ISOLATING?

21

A.

A 2.

22

Q.

NOW, WHAT IS PERMITTING?

23

A.

PERMITTING IS THE OPERATORS WILL GIVE A PERMIT TO THE

24

MAINTENANCE FOLKS THAT THE EQUIPMENT IS SAFE TO WORK ON, THAT

25

IT HAS BEEN DEPRESSURED, PURGED OUT, AND IT IS SAFE TO OPEN UP

DO YOU UNDERSTAND WHETHER OR NOT THOSE WERE THE

SO CAN YOU TELL ME WHAT MR. METCALF'S RATING WAS

WHAT WAS HIS RATING FOR HER WITH REGARD TO WHETHER

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 103
PEREZ - CROSS / LAFAYETTE
1

IF NEEDED.

2

Q.

3

HARM TO ANYONE?

4

A.

YEAH.

5

Q.

SO NOW LET'S LOOK AT THIS ISSUE OF ISOLATING.

6

THAT ABOUT?

7

A.

8

A PIECE OF A PUMP OR A PUMP -- THAT THE PUMP IS BLOCKED IN,

9

DEPRESSURED BEFORE MAINTENANCE CAN DO SOME INTRUSIVE WORK,

ALL RIGHT.

AND IF THEY CAN'T DO THAT, IS THERE A RISK OF

SOMEBODY COULD GET KILLED.
WHAT IS

ISOLATING IS MAKING SURE THAT -- FOR AN EXAMPLE, WOULD BE

10

WHICH IS OPENING UP A PIECE OF PIPE.

11

Q.

IF YOU DON'T DO THIS PROPERLY, IS THERE A RISK OF HARM?

12

A.

SOMEBODY COULD GET KILLED.

13

Q.

AND THEN YOUR LAST QUESTION HERE IS, QUESTION -- LAST

14

QUESTION ABOUT WHETHER OR NOT THE PERSON SHOULD REMAIN, AND

15

YOU GOT ANSWERS TO THAT AS WELL, RIGHT?

16

A.

METCALF GAVE HER A 2.

17

Q.

METCALF GAVE HER A 2.

18

YOU SEND A SIMILAR TYPE OF REQUEST TO MR. CURRAN?

19

A.

I DID.

20

Q.

AND DID MR. CURRAN ALSO PROVIDE YOU A RESPONSE TO THAT

21

QUESTION?

22

A.

HE DID.

23

Q.

AND DID YOU SEND THIS QUESTION TO MORE PEOPLE THAN TO

24

MR. CURRAN AND TO MR. METCALF?

25

A.

NOW, THIS SYSTEM THAT YOU USED, DID

I SENT IT TO ALL MY TEAM LEADERS IN THE TWO DEPARTMENTS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 104
PEREZ - CROSS / LAFAYETTE
1

AND THE OTHER PRODUCTION SUPERVISORS SENT IT OUT TO THEIR TEAM

2

LEADERS.

3

Q.

4

QUESTIONS OF ALL OF YOUR SHIFT TEAM LEADERS FOR ALL OF THE

5

PEOPLE WHO HAD PROBATIONARY EMPLOYEES?

6

A.

YES.

7

Q.

AND DID YOU USE THESE RESULTS BACK FOR PURPOSES OF MAKING

8

A RECOMMENDATION TO HIRE OR NOT KEEP SOMEONE?

9

A.

YES.

10

Q.

NOW, DO YOU RECALL WHEN IT WAS THAT YOU FIRST SENT OUT

11

THAT REQUEST THAT PEOPLE TELL YOU -- ADVISE YOU OF HOW THEY

12

WANTED TO RATE SOMEONE?

13

A.

I DON'T RECALL WHEN I SENT THE EMAIL OUT.

14

Q.

YOU DON'T RECALL.

THIS QUESTION THAT YOU ARE ASKING, DID YOU ASK THOSE

OKAY.

15

WAS IT EARLIER IN SEPTEMBER?

16

YOU HAVE A BINDER UP THERE, NEW BINDER -- DID HE GET A

17

BINDER?

18

THE COURT:

HE DID.

19

BY MR. LAFAYETTE:

20

Q.

21

YOU ARE LOOKING AT, RIGHT?

22

A.

OKAY.

23

Q.

YOU HAVE IT?

24
25

TAKE A LOOK IF YOU COULD AT EXHIBIT 48.

THAT IS THE ONE

I GOT IT.

I WOULD LIKE FOR YOU TO TAKE A LOOK AND SEE IF THAT IS AN
EMAIL AT THE BOTTOM THAT YOU SENT ON SEPTEMBER 8, 2016?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 105
PEREZ - CROSS / LAFAYETTE
1

A.

IT IS.

2

MR. LAFAYETTE:

3

DOCUMENT INTO EVIDENCE.

4

THE COURT:

5

MS. SMALLETS:

6

THE COURT:

7

YOUR HONOR, I WOULD LIKE TO MOVE THIS

ANY OBJECTION?
NO.

IT'S ADMITTED.

(PLAINTIFF'S EXHIBIT 48 RECEIVED IN EVIDENCE)

8

BY MR. LAFAYETTE:

9

Q.

SO EXHIBIT 48 IS A LETTER -- EMAIL THAT YOU WROTE.

AND IS

10

THIS AN EMAIL WHERE YOU INVITED YOUR STL'S TO PROVIDE A RESULT

11

BACK WITH REGARD TO THE ISSUES YOU IDENTIFIED, PERMITTING

12

ATTITUDE, ISOLATING, WORK ETHIC AND EVERYTHING YOU KNOW TODAY

13

HOW LIKELY WOULD YOU BE TO HIRE?

14

A.

YES.

15

Q.

WHY DID YOU DO THIS?

16

A.

I WANTED A LINE IN HOW WE SAW OUR NEW HIRES AS THEY ARE

17

COMING TO THE END OF THEIR PROBATION.

18

Q.

19

DOCUMENT, DOES THIS IDENTIFY EVERYBODY YOU SENT IT TO?

20

A.

21

SUPERVISING.

22

Q.

23

RESPONSE BACK FROM MR. CURRAN?

24

A.

I DID.

25

Q.

AND IS MR. CURRAN'S RESPONSE ON THE SECOND PAGE?

AND THE TOP OF THIS PAGE, DOES IT IDENTIFY -- AND IN THIS

THOSE ARE THE TWO DEPARTMENT SHIFT TEAM LEADERS THAT I WAS

AND IN THIS EMAIL, WE ARE LOOKING AT, DID YOU GET A

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

THE NEXT

 106
PEREZ - CROSS / LAFAYETTE
1

TWO PAGES?

2

A.

IT IS.

3

Q.

AND THESE ARE THE COMMENTS THAT MR. CURRAN WROTE ABOUT

4

MS. NEWTON.

5

A.

YES, THAT'S CORRECT.

6

Q.

I WOULD LIKE TO TAKE YOU TO THE LAST PAGE OF THE EXHIBIT.

7

ARE YOU THERE WITH ME?

8

A.

YES.

9

Q.

I WOULD LIKE FOR YOU TO TAKE A LOOK AT THIS PASSAGE HERE

10

WOULD THAT BE ACCURATE?

(INDICATING).

11

DO YOU SEE?

12

A.

YES.

13

Q.

THE HIGHLIGHTED LANGUAGE.

14

DID HE SAY, NO, I DON'T THINK CIARA IS A GOOD MATCH FOR

15

OPERATIONS.

16

SOMEONE ELSE OR POSSIBLY CAUSE A PROCESS INCIDENT.

17

LOST SLEEP AT NIGHT FROM THE CONCERNS AS HER TSTL FEARING THAT

18

SOMETHING BAD WILL HAPPEN?

19

A.

YES.

20

Q.

DID YOU TAKE THAT INTO CONSIDERATION FOR PURPOSES OF

21

MAKING A DECISION AS TO WHETHER OR NOT YOU WANTED TO KEEP

22

MS. NEWTON?

23

A.

YES.

24

Q.

DID YOU TAKE THE OTHER COMMENTS THAT HE MADE HERE INTO

25

CONSIDERATION FOR PURPOSES OF MAKING A RECOMMENDATION TO KEEP

I AM VERY AFRAID THAT SHE WILL HURT HERSELF OR

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

I HAVE

 107
PEREZ - CROSS / LAFAYETTE
1

MS. NEWTON?

2

A.

YES.

3

Q.

NOW, WITH REGARD TO THE DECISION TO KEEP HER, DO YOU HAVE

4

THE AUTHORITY ON YOUR OWN TO FIRE SOMEONE?

5

A.

NO.

6

Q.

DO YOU HAVE THE AUTHORITY ON YOUR OWN TO PUSH SOMEONE OUT

7

OF PROBATION?

8

A.

NO.

9

Q.

SO WHEN YOU DO THIS RECOMMENDATION, DO YOU JUST SIT IN A

10

ROOM BY YOURSELF AND DO IT OR IS THERE A MEETING THAT TAKES

11

PLACE?

12

I'LL ASK YOU THIS:

13

CHRISTINE LAYNE?

14

A.

YES.

15

Q.

YOU DID?

16

DID YOU CONSULT WITH MIKE BECK AND

OKAY.

NOW, IN ADDITION TO THIS, BETWEEN -- I'M TALKING ABOUT NOW

17

THE SEPTEMBER 8TH DATE.

18

WITH MS. LAYNE -- MS. NEWTON ON THE 29TH OF SEPTEMBER,

19

CORRECT?

20

A.

YES.

21

Q.

YOU WERE ASKED SOME QUESTIONS ABOUT WHAT YOU DID AFTER

22

MEETING WITH HER, CORRECT?

23

A.

OKAY?

YOU HAD INDICATED THAT YOU MET

THAT IS CORRECT.

24

MS. SMALLETS:

25

THE COURT:

OBJECTION, LEADING, YOUR HONOR.

SUSTAINED.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 108
PEREZ - CROSS / LAFAYETTE
1

BY MR. LAFAYETTE:

2

Q.

3

EXHIBIT 45.

4

MS. LAYNE THE DAY THE STICKER WAS FOUND.

5

I WOULD LIKE FOR YOU, SIR, TO TAKE A LOOK AT A DOCUMENT,
YOU WERE ASKED IF YOU HAD COMMUNICATED WITH

REMEMBER THAT?

6

A.

YES.

7

Q.

DOES EXHIBIT 45 -- 45 AN EMAIL THAT YOU PREPARED ON

8

AUGUST 29, 2016, AT 9:11 A.M.?

9

A.

YES.

10

Q.

YOU SEND THAT TO MIKE BECK AND CHRISTINE LAYNE?

11

A.

YES.

12
13

MR. LAFAYETTE:

I WOULD LIKE TO MOVE THIS INTO

EVIDENCE, YOUR HONOR.

14

THE COURT:

15

MS. SMALLETS:

16

THE COURT:

17

ANY OBJECTION?
NO.

45 IS ADMITTED.

(PLAINTIFF'S EXHIBIT 45 RECEIVED IN EVIDENCE)

18

THE COURT:

BE CAREFUL WITH THE LEADING QUESTIONS OR

19

I'LL START SUSTAINING OBJECTIONS.

20

MR. LAFAYETTE:

21

THANK YOU, YOUR HONOR.

(DISPLAYED ON SCREEN.)

22

BY MR. LAFAYETTE:

23

Q.

IS THIS AN EMAIL THAT YOU WROTE?

24

A.

YES.

25

Q.

ON THE FIRST PAGE, FIRST PARAGRAPH.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 109
PEREZ - CROSS / LAFAYETTE
1

DID YOU WRITE THIS?

2

A.

YES.

3

Q.

CAN YOU READ IT, PLEASE?

4

A.

(READING)

5

I TALKED TO CIARA TODAY ABOUT THE ACCUSATIONS OF NOT BEING

6

TREATED FAIRLY.

7

HIRES TO GET THEIR OKAY TO BE INTERVIEWED.

8

TO INVESTIGATE IN A TIMELY MANNER IF SHE IS ACCUSING OTHERS OF

9

NOT TREATING HER FAIRLY.

10

IN AN EMAIL TO ME AND HR.

11

WANTS TO TYPE THAT EMAIL IN PRIVATE.

12

GET THIS, WE CAN'T HAVE A THOROUGH INVESTIGATION.

13

CONCERNED THERE WILL BE RETALIATION FROM JEFF FISCHER TO THE

14

OTHER NEW HIRES.

15

CASE.

16

Q.

ALL RIGHT.

17

A.

SO THIS IS A NOTE TO CHRISTINE -- AFTER THE AUGUST 2ND

18

MEETING I WENT TO GET WHAT -- AFTER THE AUGUST 2ND MEETING

19

CIARA TOLD ME SHE WAS GOING TO TALK TO THE NEW HIRES AND GET

20

ME MORE SPECIFICS ABOUT HOW TO INVESTIGATE CERTAIN THINGS.

21

THAT TIME I WAS GOING TO GO ON VACATION AND SHE WAS GOING TO

22

GO ON DAYS OFF.

23

Q.

24

DIFFERENTLY, DID SHE EVER GIVE YOU SOME SPECIFIC DETAILS ABOUT

25

HOW SHE WAS TREATED DIFFERENTLY?

SHE SAID SHE HAS NOT TALKED TO THE OTHER NEW
I TOLD HER WE NEED

SHE SAID SHE WILL SEND WHAT SHE HAS
I ALSO OFFERED HER MY OFFICE IF SHE
I TOLD HER IF WE DON'T
SHE WAS

I HAD REASSURED HER THAT WOULD NOT BE THE

NOW, WHY DID YOU WRITE THAT?

AT

ASIDE FROM SAYING THAT SHE THOUGHT SHE WAS TREATED

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 110
PEREZ - CROSS / LAFAYETTE
1

A.

NO.

2

Q.

DID SHE EVER GIVE YOU SOME DATES ON WHEN IT WAS SHE

3

THOUGHT SHE WAS TREATED DIFFERENTLY?

4

A.

NO.

5

Q.

DID SHE EVER TELL YOU WHO IT WAS THAT SHE SAID HAD

6

ACTUALLY TREATED HER DIFFERENTLY?

7

MS. SMALLETS:

8

THE COURT:

9

OBJECTION, YOUR HONOR.

SUSTAINED.

BY MR. LAFAYETTE:

10

Q.

11

TREATED HER DIFFERENTLY?

12

A.

13

I WAS LOOKING FOR.

14

Q.

15

AT ANY POINT IN TIME DID SHE EVER TELL YOU WHO IT WAS THAT

THERE WAS NEVER ANY SPECIFICS ON DETAILS AND THAT IS WHAT

ALL RIGHT.
DID YOU GET IT AFTER -- THE SPECIFICS THAT YOU'RE TALKING

16

ABOUT, DID YOU EVER GET THEM AFTER SEPTEMBER 29?

17

A.

NO, I NEVER GOT ANY.

18

Q.

OKAY.

19

ACTUALLY LOOK INTO?

20

A.

YES.

21

Q.

WHAT WAS THAT?

22

A.

I RAN GATE LOGS ON ALL FOUR NEW HIRES.

23

Q.

WAS THAT IN CONNECTION WITH THE TARDIES?

24

A.

YES.

25

Q.

OKAY.

DID YOU EVER GET ANYTHING SPECIFIC THAT YOU COULD

NOW, THERE IS MORE IN THIS DOCUMENT THAN THAT.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

SO

 111
PEREZ - CROSS / LAFAYETTE
1

LET'S TALK ABOUT THE 29TH.

2

WHERE DID THIS MEETING TAKE PLACE?

3

A.

4

OPCEN CONTROL CENTER.

5

Q.

IS THAT YOUR NORMAL OFFICE?

6

A.

NO.

7

Q.

SO WHY WERE YOU THERE THAT MORNING?

8

A.

I SPECIFICALLY CAME TO SEE CIARA, TALK ABOUT THE DETAILS,

9

SPECIFICS THAT SHE SAID SHE WAS GOING TO GIVE ME AFTER SHE

ME AND CIARA WERE IN THE SHIFT TEAM LEADER'S OFFICE IN THE

IT IS ACROSS THE REFINERY.

10

CAME BACK FROM HER DAYS OFF.

11

Q.

12

OKAY.
AND SO AFTER THAT MEETING WHERE YOU TALKED ABOUT THE

13

SUBJECT THAT WE JUST BEEN LOOKING AT, DID YOU HAVE ANOTHER

14

INTERACTION WITH HER THAT DAY?

15

A.

16

AND SHE HANDED ME A STICKER AND THAT WAS THE STICKER THAT WAS

17

SHOWN.

18

Q.

19

SENT THAT DAY?

20

A.

YES.

21

Q.

CALLED OUT SOMETHING ON THE DOCUMENT.

22

YOU TELL ME WHAT THIS IS?

23

A.

24

A STICKER.

25

AN EMAIL OUT TO THE SHIFT TEAM LEADERS TO PUT A STOP IT, TALK

YES.

SO SHE LEFT THE OFFICE, AND THEN SHE CAME BACK IN

AND DID YOU INCLUDE THAT ENCOUNTER IN THE EMAIL THAT YOU

IS THIS A -- CAN

IT WAS JUST LETTING CHRISTINE KNOW THAT SHE HAD BROUGHT ME
AND I ALSO ASKED FOR -- IF -- I WAS GOING TO SEND

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 112
PEREZ - CROSS / LAFAYETTE
1

TO THEIR TEAMS, AND SAID THAT AN EMAIL SHOULD BE SENT FROM

2

MIKE BECK.

3

Q.

DO YOU SEE THIS PHRASE HERE THAT I'M UNDERSCORING....

4

A.

YES.

5

Q.

TELL ME WHAT THAT'S ABOUT.

6

A.

SHE SAID SHE DIDN'T NOTICE IT WHEN SHE CAME INTO WORK BUT

7

HAD NOTICED IT AFTER SHE CAME BACK TO HER DESK.

8

Q.

OKAY.

9

A.

NO.

10

Q.

THE STICKER?

11

A.

NO SPECIFICS, NO.

12

Q.

DID SHE TELL YOU PEOPLE WERE LOOKING AT HER STRANGELY?

13

A.

I DON'T RECALL THAT, NO.

I WAS OKAY WITH THAT.

DOES SHE SAY ANYTHING ELSE ABOUT IT?

14

MS. SMALLETS:

15

THE COURT:

OBJECTION --

SUSTAINED.

16

BY MR. LAFAYETTE:

17

Q.

18

OF -- DID SHE TELL YOU HOW PEOPLE WERE TREATING HER WHEN SHE

19

SAW IT?

20

A.

WHEN SHE SAW THE STICKER?

21

Q.

YEAH.

22

A.

I DON'T RECALL THAT.

23

Q.

AT ANY POINT IN TIME -- SO WHAT DID YOU TELL HER WITH

24

REGARD TO THE STICKER?

25

A.

AT ANY POINT IN TIME DID SHE EVER SAY WORDS TO THE EFFECT

I APOLOGIZED TO HER.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 113
PEREZ - CROSS / LAFAYETTE
1

Q.

2
3

OKAY.

READ THE REST OF WHAT YOU WROTE.

IS THAT ACCURATE?
DID THEREAFTER?

4

MS. SMALLETS:

5

THE COURT:

6

MS. SMALLETS:

7

THE COURT:

8

THE WITNESS:

9

DOES THAT ACCURATELY DESCRIBE WHAT YOU

OBJECTION.

WHAT IS THE OBJECTION?
THAT SENTENCE.

IT'S OVERRULED.
YOU'RE TALKING ABOUT THE SECOND

PARAGRAPH?

10

BY MR. LAFAYETTE:

11

Q.

YES.

12

A.

WHAT WAS YOUR QUESTION, GARY?

13

Q.

DOES THE REST OF THIS ACCURATELY DESCRIBE WHAT YOU SAID

14

HAPPEN THERE?

15

A.

YES.

16

Q.

OKAY.

17

OUT TO SOMEONE?

18

A.

I EMAILED HR AND MY MANAGER, MIKE BECK.

19

Q.

OKAY.

20

EXHIBIT 46.

21
22
23
24

WHAT HAPPENED IN THAT SECOND ENCOUNTER?

NOW, AFTER YOU DID THAT, DID YOU SEND ANOTHER EMAIL

AFTER YOU EMAILED THEM -- TAKE A LOOK AT

MR. LAFAYETTE:

I BELIEVE 46 IS IN EVIDENCE, YOUR

HONOR?
THE COURT:

IT IS.
(DISPLAYED ON SCREEN.)

25

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 114
PEREZ - CROSS / LAFAYETTE
1

BY MR. LAFAYETTE:

2

Q.

3

WROTE HERE AND I WANT TO ASK YOU SOMETHING ABOUT IT.

4

YOU WERE ASKED SOME QUESTIONS ABOUT THE PASSAGE THAT YOU

YOU SEE WHERE IT SAYS, NO NEED TO DOCUMENT IN THE PD FILES

5

BUT HAVE THE CONVERSATION WITH YOUR TEAMS?

6

A.

YES.

7

Q.

WHAT DID YOU MEAN BY THAT?

8

A.

NO NEED TO DOCUMENT THEM TALKING TO THEIR TEAMS.

9

BLANKET PD'S WHERE IT ACTUALLY BECOMES INEFFECTIVE AND YOU CAN

I SEEN

10

GET SOME WORKERS THAT ARE MORE DISGRUNTLED THAT THEY HAD

11

NOTHING TO DO WITH NOTHING AND THEY ARE GETTING SOMETHING IN

12

THEIR PD FILE.

13

DOCUMENT THE CONVERSATION THEY HAD WITH THEIR TEAMS.

14

Q.

15

YOU WERE ASKED ABOUT SOMETHING THAT HAPPENED ON AUGUST 2.

16

DID YOU ATTEND A MEETING WITH MS. NEWTON ON AUGUST 2?

SO I CHOSE TO HAVE THE TEAM LEADERS NOT

NOW, AN ISSUE WITH OTHER DOCUMENTS THAT WERE SHOWN TO YOU.

17

A.

YES.

18

Q.

AT THE AUGUST 2 MEETING, WHO ELSE WAS PRESENT?

19

A.

HR CHRISTINE LAYNE, UNION STEWARD NICK BACKENS, UNION

20

STEWARD RAY JONES, AND CIARA NEWTON.

21

Q.

22

AUGUST 2?

23

A.

YES.

24

Q.

PRIOR TO THAT MEETING, DID YOU TALK TO MS. NEWTON TO LET

25

HER KNOW THE MEETING WAS GOING TO TAKE PLACE?

AND DID YOU PREPARE TALKING POINTS FOR THAT MEETING ON

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 115
PEREZ - CROSS / LAFAYETTE
1

A.

I BELIEVE I DID.

2

Q.

AND DID YOU ASK MS. NEWTON ABOUT WHETHER OR NOT SHE HAD

3

ANY INFORMATION THAT ABOUT BEING TREATED ARE DIFFERENTLY?

4

A.

YES.

5

Q.

YOU DID?

6

A.

ON AUGUST 2ND, YES.

7

Q.

AND DID SHE TELL YOU WHAT SHE INTENDED TO DO?

8

A.

SHE DID.

9

Q.

WHAT DID SHE SAY?

10

A.

AT THE AUGUST 2ND MEETING, SHE WANTED TO TALK TO HER

11

COWORKERS TO LET THEM KNOW THAT THEY MAY BE INTERVIEWED.

12

Q.

13

I WOULD LIKE FOR YOU TO TAKE A LOOK AT EXHIBIT 41, PLEASE.
IS EXHIBIT 41 AN EMAIL THAT YOU WROTE ON AUGUST 1?

14

A.

YES.

15

Q.

WHO DID YOU SEND IT TO?

16

A.

CHRISTINE LAYNE AND I CC'D MIKE BECK, MY MANAGER.

17
18

MR. LAFAYETTE:

I WOULD LIKE TO MOVE THIS INTO

EVIDENCE, YOUR HONOR.

19

THE COURT:

20

MS. SMALLETS:

21

THE COURT:

ANY OBJECTION?
NO.

ADMITTED.

22

(PLAINTIFF'S EXHIBIT 41 RECEIVED IN EVIDENCE)

23

(DISPLAYED ON SCREEN.)

24
25

THE COURT:

YOU HAVE THREE MINUTES AND THEN WE WILL

TAKE A BREAK.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 116
PEREZ - CROSS / LAFAYETTE
1

MR. LAFAYETTE:

THANK YOU, YOUR HONOR.

2

BY MR. LAFAYETTE:

3

Q.

4

TOMORROW AT 9:00 A.M. TO DISCUSS THE FINDINGS OF THE

5

INVESTIGATION.

6
7

CAN YOU READ WHAT YOU WROTE AFTER THAT?
A.

8
9

IN THIS EMAIL I DISCUSS WITH CIARA THAT WE WILL BE OUT

YEAH.

(READING.)

WE'LL BE LOOKING INTO ALLEGATIONS OF SINGLING HER OUT AND
TREATING HER DIFFERENT.

SHE HAS NOTES SHE HAS BEEN TAKING OF

10

THE INEQUALITY THAT SHE WILL BRING IN.

11

Q.

12

WHATSOEVER SHOWING THESE INEQUALITIES?

13

A.

NO.

14

Q.

ON THE NEXT DAY, DOES SHE IDENTIFY WITH ANY DEGREE OF

15

SPECIFICITY ANY EVENTS OF INEQUALITY?

16

A.

OKAY.

ON THE NEXT DAY DOES SHE BRING IN ANY NOTES

NO.

17

MS. SMALLETS:

18

THE COURT:

19

LEADING.

HE ALREADY SAID NO.

SORRY.

AGAIN, YOU ARE

WARNED ON THE LEADING.

20

MR. LAFAYETTE:

21

THE COURT:

22

OBJECTION.

I DON'T....

YOU CAN ASK HIM WHAT HAPPENED.

THAT

WOULD BE DIFFERENT THAN LEADING.

23

KEEP GOING.

24

BY MR. LAFAYETTE:

25

Q.

DID SHE DO ANYTHING RELATING TO HER PRESENTATION OF FACTS

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 117
PEREZ - CROSS / LAFAYETTE
1

DURING THAT MEETING ABOUT ANY SPECIFIC INCIDENCES OF

2

INEQUALITIES?

3

A.

SHE DIDN'T, BEING HR HAD ASKED HER ABOUT IT.

4

MR. LAFAYETTE:

5

IS UNDER THREE MINUTES.

6

THE COURT:

YOUR HONOR, I COULD BREAK HERE.

THAT'S FINE.

OKAY.

LADIES AND

7

GENTLEMEN, WE WILL TAKE OUR SECOND BREAK OF THE DAY AND WE

8

WILL BE BACK IN 15 MINUTES.

9

THE COURT:
THE COURTROOM.

12
13

THE RECORD WILL REFLECT THE JURY HAS LEFT

15 MINUTES.

MR. LAFAYETTE:

THE CLERK:

15

MS. SMALLETS:

16

THE COURT:

WE WORKED IT OUT.

THANK YOU.

YOU'VE WORKED IT OUT?

(PAUSE IN THE PROCEEDINGS.)

19

THE COURT:

FRANCES, BRING THE JURY BACK IN.

(PROCEEDINGS HELD IN THE PRESENCE OF THE JURY.)

21
22

REMAIN SEATED.

OKAY.

18

20

THANK YOU, YOUR HONOR.

(RECESS TAKEN AT 11:45 A.M.; RESUMED AT 11:57 A.M.)

14

17

STAND IN RECESS.

(PROCEEDINGS HELD OUTSIDE THE PRESENCE OF THE JURY.)

10
11

IT

THE COURT:

OKAY.

WE ARE BACK ON THE RECORD.

THE RECORD WILL REFLECT THE JURY IS BACK AND THEY NOW ARE

23

FILING IN IN ORDER.

24

YOU TO GET IT.

25

OKAY.

SEE, IT DIDN'T TAKE BUT TWO BREAKS FOR

SMART LEARNERS.

YOU MAY PROCEED.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 118
PEREZ - CROSS / LAFAYETTE
1

MR. LAFAYETTE:

2

BY MR. LAFAYETTE:

3

Q.

4

OKAY?

5

THANK YOU, YOUR HONOR.

MR. PEREZ, I'M ASKING YOU A QUESTION NOW ABOUT AUGUST 29,

ON AUGUST 29, WHEN THE STICKER INCIDENT AROSE, WHERE WAS

6

MR. CURRAN WORKING?

7

A.

I DON'T KNOW WHAT SHIFT HE WAS ON AT THAT TIME.

8

Q.

WAS HE THERE THAT DAY?

9

A.

I DON'T BELIEVE SO.

10

Q.

OKAY.

11

A.

I BELIEVE HE WAS ON STRAIGHT DAYS IN ANOTHER BUILDING.

12

Q.

ON STRAIGHT DAYS IN ANOTHER BUILDING.

AND MR. FISCHER, WHAT WAS HIS ROLE AT THE TIME?

13

MS. SMALLETS:

14

THE COURT:

SO WAS HE --

OBJECTION.

OVERRULED.

15

BY MR. LAFAYETTE:

16

Q.

WAS HE IN OPCEN AT THAT TIME IN THE BUILDING?

17

A.

I DON'T BELIEVE SO.

18

Q.

NOW YOU WERE ASKED SOME QUESTIONS ABOUT A DOCUMENT, I

19

THINK WAS REFERRED TO AS EXHIBIT 30.

20

DO YOU HAVE EXHIBIT 30 UP THERE?

21
22
23

DO YOU RECOGNIZE WHAT

EXHIBIT 30 IS?
THE COURT:

I DON'T HAVE EXHIBIT 30 AS BEING

REFERENCED.

24

WAS IT REFERENCED?

25

MS. SMALLETS:

NO, YOUR HONOR.

BEYOND THE SCOPE.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 119
PEREZ - CROSS / LAFAYETTE
1

THE COURT:

2

MR. LAFAYETTE:

3

SORRY.

5

(PAUSE IN THE PROCEEDINGS.)

6

BY MR. LAFAYETTE:

7

Q.

EXHIBIT 31.

8

A.

YES.

9

Q.

OKAY.

10

A.

YES.

11

CAN YOU LOOK AT EXHIBIT 31?

IS THAT AN EMAIL THAT YOU WROTE?

MR. LAFAYETTE:

I WOULD LIKE TO MOVE EXHIBIT 31 INTO

EVIDENCE, YOUR HONOR.

13

THE COURT:

14

MS. SMALLETS:

15

THE COURT:

16

ANY OBJECTION?
NO, YOUR HONOR.

31 IS ADMITTED.

(PLAINTIFF'S EXHIBIT 31 RECEIVED IN EVIDENCE)

17

BY MR. LAFAYETTE:

18

Q.

19
20

I JUST MADE A MISTAKE, YOUR HONOR.

I'M NOT TRYING TO PULL SOMETHING THAT IT'S NOT.

4

12

IT IS BEYOND THE SCOPE.

(READING)
THANKS -- FIRST, THANKS FOR INVESTIGATING THE TANK

SAMPLING AND TARDY OF CIARA.

21

DO YOU KNOW WHAT THAT IS IN REFERENCE TO, THAT SENTENCE?

22

A.

23

THESE -- ABOUT THE TANK, THE SAMPLING, AND THE TARDIES.

24

Q.

ALL RIGHT.

25

A.

I BELIEVE IT WAS ON THE 22ND OF JULY.

SO I HAD GUY ROZAR AND CAMERON CURRAN TALK TO CIARA ABOUT

DO YOU RECALL WHEN THEY DID THAT?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 120
PEREZ - CROSS / LAFAYETTE
1

Q.

2

YOU AND SAID SHE THOUGHT SHE WAS BEING TREATED DIFFERENTLY IN

3

THE WORKPLACE?

4

A.

NO.

5

Q.

WHAT WAS THE SOURCE OF YOUR... WHATEVER KNOWLEDGE YOU HAD

6

ABOUT THAT, WHERE DID YOU GET IT FROM?

7

A.

8

WHEN THEY TALKED TO CIARA.

9

Q.

SO PRIOR TO THE 22ND OF JULY, HAD MS. NEWTON EVER COME TO

IT WAS FROM THE INVESTIGATION THAT CAMERON AND GUY ROZAR

PRIOR TO THIS EMAIL OF JULY 26 AT 6:21 A.M., HAD YOU EVER

10

HAD ANY DIRECT COMMUNICATION WITH MS. NEWTON ABOUT THE ISSUES

11

WHICH ARE RAISED IN THIS EMAIL?

12

A.

NO.

13

Q.

WHAT WAS THE SOURCE OF YOUR INFORMATION WITH REGARD TO THE

14

ISSUES RAISED IN THIS EMAIL?

15

A.

16

CIARA.

17

Q.

18

FROM THE INVESTIGATION THAT GUY ROZAR AND CAMERON HAD WITH

RIGHT HERE, "I AM LOOKING MORE INTO THE TARDIES".
DO YOU SEE THAT?

19

A.

YES.

20

Q.

DID YOU DO THAT?

21

A.

I DID.

22

Q.

DID YOU DO THAT PRIOR TO AUGUST 2?

23

A.

YES, I DID.

24

Q.

AND WHAT DID YOU DO TO LOOK INTO THAT ISSUE?

25

MS. SMALLETS:

OBJECTION.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 121
PEREZ - CROSS / LAFAYETTE
1

THE COURT:

2

MS. SMALLETS:

3

WHAT IS THE OBJECTION?

(DISPLAYED ON SCREEN.)

4

THE COURT:

5

MR. LAFAYETTE:

6

THE COURT:

7

MR. LAFAYETTE:

8

BEYOND THE SCOPE.

IT IS BEYOND THE SCOPE.
I'LL LEAVE IT, YOUR HONOR --

ARE YOU BRINGING HIM BACK?
I'M BRINGING HIM BACK.

I'LL COVER IT

THEN, YOUR HONOR.

9

THE COURT:

YOU CAN TAKE THAT OFF.

10

BY MR. LAFAYETTE:

11

Q.

12

COVER THE TARDIES IN THE MEETING ON AUGUST 2?

13

A.

YES.

14

Q.

DID YOU -- WHAT DID YOU EXPLAIN TO MS. NEWTON RELATIVE TO

15

WHAT YOU FOUND RELATING TO THE TARDIES IN THAT MEETING ON

16

AUGUST 2?

SO NOW GOING BACK TO THE MEETING ON AUGUST 2, DID YOU

17
18

MS. SMALLETS:

OBJECTION, ASSUMES FACTS NOT IN

EVIDENCE.

19

THE COURT:

20

I SAID OVERRULED.

21

THE WITNESS:

OVERRULED.
YOU CAN ANSWER.
CAN YOU PLEASE REPEAT THAT?

22

BY MR. LAFAYETTE:

23

Q.

24

YOUR INQUIRY WITH REGARD TO THE TARDIES?

25

A.

WHAT DID YOU EXPLAIN TO HER YOU FOUND RELATIVE TO THE --

I EXPLAINED TO CIARA I WASN'T GOING TO COUNT NO TARDIES

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 122
PEREZ - CROSS / LAFAYETTE
1

PAST 6:15 -- I WAS GOING TO COUNT TARDIES ANYTHING THAT WAS IN

2

THE GATE LOG AT 6:15 OR GREATER.

3

I WENT FROM MARCH 7TH, I BELIEVE, TO APRIL 15TH OR

4

SOMEWHERE AROUND THERE, AND FOUND CIARA WAS TARDY SIX TIMES.

5

Q.

6

HAD ACTUALLY BEEN NOTED AS TARDY IN HER PD LOG?

7

A.

8

HER PD FILE THAT SHE WAS TARDY OUT OF THE SIX.

9

Q.

DID YOU TELL HER ANYTHING ABOUT HOW MANY TIMES THAT SHE

I BELIEVE WE DID, AND IT WAS TWO TIMES SHE WAS NOTED IN

DID YOU HAVE A CONVERSATION WITH HER ABOUT WHAT YOUR

10

INQUIRY FOUND RELATIVE TO HER THREE PROBATIONARY COWORKERS?

11

A.

I DON'T BELIEVE I SHARED THAT WITH HER.

12

Q.

ALL RIGHT.

13

SOMETHING ABOUT THEM AS WELL, RIGHT?

14

A.

I'M NOT GOING TO ASK YOU NOW, BUT YOU DID FIND

YES, I DID.

15

MS. SMALLETS:

OBJECTION.

16

BY MR. LAFAYETTE:

17

Q.

18

ON AUGUST 2ND?

19

A.

YES.

20

Q.

DID YOU HAVE A CONVERSATION WITH HER ABOUT THE DRAEGER

21

TUBES ON AUGUST 2ND?

22

A.

YES.

23

Q.

DID YOU HAVE A CONVERSATION WITH HER ABOUT SOMETHING

24

CALLED BUMPING THE PUMP ON AUGUST 2ND?

25

A.

DID YOU HAVE A CONVERSATION WITH HER ABOUT THE BAKER TANK

YES.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 123
PEREZ - REDIRECT / SMALLETS
1

Q.

AND DID YOU OFFER HER AN OPPORTUNITY TO EXPLAIN HER SIDE

2

OF WHATEVER IT IS THAT HAD HAPPENED WITH REGARD TO THE BAKER

3

TANK, THE BUMPING OF THE PUMP, AND THE DRAEGER TUBES?

4

A.

YES.

5

Q.

DID YOU TAKE NOTES DURING THAT MEETING?

6

A.

I BELIEVE I READ STRAIGHT OFF THE DOCUMENT AND CHRISTINE

7

LAYNE FROM HR WAS TAKING THE NOTES.

8
9

THE REST OF MY QUESTIONS FOR THIS WITNESS IN MY CASE-IN-CHIEF.

10
11

I THINK, YOUR HONOR, I WILL RESERVE

MR. LAFAYETTE:

THE COURT:

OKAY.

ANY RE-EXAMINATION FROM THE

PLAINTIFF?

12

MS. SMALLETS:

13

YES, YOUR HONOR.

REDIRECT EXAMINATION

14

BY MS. SMALLETS:

15

Q.

16

YOU DID INTO THE TARDIES.

MR. PEREZ, MR. LAFAYETTE ASKED YOU ABOUT THE INVESTIGATION

MS. NEWTON'S PD LOG SHOWED THAT SHE WAS TARDY ON

17
18

APRIL 7TH, CORRECT?

19

A.

I BELIEVE SO.

20

Q.

YOUR INVESTIGATION SHOWED THAT SHE WAS NOT TARDY ON

21

APRIL 7TH, CORRECT?

22

A.

I BELIEVE THAT WOULD BE A TYPO.

23

Q.

BUT SHE WASN'T TARDY ON APRIL 7TH, CORRECT?

24

A.

YES.

25

Q.

MR. LAFAYETTE ALSO ASKED YOU ABOUT THE OTHER EMPLOYEES

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 124
PEREZ - REDIRECT / SMALLETS
1

THAT YOU RECOMMENDED BE TERMINATED.

2

DO YOU RECALL THAT?

3

A.

YES.

4

Q.

YOU RECOMMENDED THAT ONE EMPLOYEE BE TERMINATED FOR

5

STEALING FROM THE COMPANY, CORRECT?

6

A.

YES.

7

Q.

AND THAT PERSON WAS USING THE COMPANY CREDIT CARD FOR

8

PERSONAL EXPENSES, CORRECT?

9

A.

YES.

10

Q.

AND YOU RECOMMENDED THAT ANOTHER PERSON BE TERMINATED FROM

11

THE COMPANY, CORRECT?

12

MR. LAFAYETTE:

13

THE COURT:

14

MR. LAFAYETTE:

OBJECTION, YOUR HONOR.

WHAT IS THE OBJECTION?
OUTSIDE THE SCOPE.

AND I ALSO HAVE

15

AN OBJECTION THAT I'M NOT -- I THINK IT'S A RELEVANCY

16

OBJECTION THAT I THINK IS MORE SPECIFICALLY TALKED ABOUT

17

ELSEWHERE.

18

AND I --

19

AND I SPOKE ABOUT THIS WITH COUNSEL EARLIER TODAY.

THE COURT:

20

ENOUGH.

I'VE HEARD ENOUGH.

CAN YOU ANSWER THAT QUESTION "YES" OR "NO"?

21

THE WITNESS:

SAY IT AGAIN PLEASE?

22

BY MS. SMALLETS:

23

Q.

YOU RECOMMENDED ANOTHER PERSON BE TERMINATED?

24

A.

YES.

25

Q.

AND YOU RECOMMENDED THAT THAT PERSON BE TERMINATED BECAUSE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 125
PEREZ - REDIRECT / SMALLETS
1

THEY WERE BEING PAID FOR HOURS THEY DIDN'T WORK, CORRECT?

2

A.

YES.

3

Q.

AND MS. NEWTON WAS NEVER PAID FOR HOURS SHE DIDN'T WORK,

4

CORRECT?

5

MR. LAFAYETTE:

6

THE COURT:

7

MR. LAFAYETTE:

8

OVERRULED.
I ALSO HAVE A CONTINUING RELEVANCY

OBJECTION --

9
10

OBJECTION, THIS IS OUTSIDE THE SCOPE.

THE COURT:

ALL RIGHT.

I HEARD IT.

OVERRULED ON

THAT ONE QUESTION.

11

GO AHEAD, ANSWER.

12

THE WITNESS:

CAN YOU PLEASE REPEAT?

13

BY MS. SMALLETS:

14

Q.

15

CORRECT?

16

A.

SHE WAS.

17

Q.

PLEASE TAKE A LOOK AT EXHIBIT 26 IN YOUR EXHIBIT BINDER.

MS. NEWTON WASN'T EVER PAID FOR HOURS SHE DIDN'T WORK,

18

MR. LAFAYETTE:

19

THE COURT:

20

MS. SMALLETS:

21

THE COURT:

22
23
24

OUTSIDE THE SCOPE.

HOLD ON.
I'M SORRY, YOUR HONOR?

I SAID, "HOLD ON."

(PAUSE IN THE PROCEEDINGS.)
THE COURT:

THE OBJECTION IS OVERRULED.

GO AHEAD,

ASK A QUESTION.

25

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 126
PEREZ - REDIRECT / SMALLETS
1

BY MS. SMALLETS:

2

Q.

3

ON JULY 25TH.

4

A.

5
6

MR. PEREZ, ON -- YOU RECEIVED AN EMAIL FROM CAMERON CURRAN
DO YOU RECALL THAT?

YES.
MS. SMALLETS:

ADMITTED INTO EVIDENCE.

7

THE COURT:

8

MR. LAFAYETTE:

9

YOUR HONOR, I WOULD MOVE EXHIBIT 26 BE

OBJECTIONS?
NO, YOUR HONOR.

MY CONTINUING

OBJECTION IS IT'S OUTSIDE THE SCOPE.

10

THE COURT:

11

MS. SMALLETS:

12

THE COURT:

13

MS. SMALLETS:

14

THE COURT:

15

OKAY.
ON JULY 25TH --

ARE YOU GOING TO LET ME RESPOND?
I'M SORRY.

IT'S ADMITTED.

I APOLOGIZE.
GO AHEAD.

(PLAINTIFF'S EXHIBIT 26 RECEIVED IN EVIDENCE)

16

BY MS. SMALLETS:

17

Q.

18

ON THURSDAY TO MAKE UP THE REST OF THE TIME SHE SWAPPED WITH

19

HERSELF, CORRECT?

ON JULY 25TH, MR. CURRAN TOLD YOU THAT MS. NEWTON CAME IN

20

(DISPLAYED ON SCREEN.)

21
22
23
24
25

YOU LOOK AT THE EMAIL THAT HE SENT YOU?
A.

YES, THAT'S CORRECT.
MS. SMALLETS:

I HAVE NOTHING FURTHER AT THIS TIME,

YOUR HONOR.
THE COURT:

ANY OTHER QUESTIONS FROM THE DEFENSE?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 127
PEREZ - RECROSS / LAFAYETTE
1

MR. LAFAYETTE:

2

YES, YOUR HONOR.

RECROSS-EXAMINATION

3

BY MR. LAFAYETTE:

4

Q.

HOW LONG IS A SHIFT?

5

A.

A SHIFT IS 12 HOURS.

6

Q.

12 HOURS.

7

DID -- WAS THERE SUPPOSED TO BE A SWAP, SHIFT SWAP FOR

8

MS. NEWTON?

9

A.

WE LET CIARA SHIFT SWAP WITH HERSELF, 12 HOURS FOR 12

10

HOURS.

11

Q.

12

CAN YOU EXPLAIN THAT?

13

A.

14

WEDDING, AND SHE WAS ON HER WAY AND SHE WASN'T GOING TO COME

15

IN TO WORK.

16

Q.

17

YOU SAID "SWAP SHIFT HERSELF".

I DON'T UNDERSTAND THAT.

CIARA HAD A WEDDING, BRIDAL, OR SOMETHING TO GO TO, OR

ALL RIGHT.

AND SHE WASN'T GOING TO COME IN TO WORK.

WHEN YOU NORMALLY DO A SWAP, DO YOU SWAP WITH YOURSELF OR

18

DO YOU SWAP WITH SOMEONE ELSE?

19

A.

NORMALLY IT IS WITH SOMEONE ELSE.

20

Q.

CAN YOU TELL US HOW A SWAP WITH SOMEONE ELSE WORKS?

21

A.

WE'LL GIVE YOU THE DAY OFF -- OR YOU WOULD WORK A DAY FOR

22

THE OTHER OPERATOR AND THE OPERATOR WORKS A DAY FOR YOU.

23

Q.

OKAY.

AND DO YOU HAVE TO GET ANY APPROVALS TO DO THAT?

24

A.

YES.

NORMALLY THE SHIFT TEAM LEADERS CAN APPROVE THIS.

25

Q.

NOW, WAS THERE A -- WITH REGARD TO THE DAYS THAT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

MS. NEWTON WAS GOING TO SWAP WITH HERSELF, DID SHE MAKE UP

2

BOTH OF THE TWO-HOUR SHIFTS?

3

A.

SHE DID NOT.

4

Q.

SHE DID NOT.

5

A.

SHE WAS SHORT ON ONE OF THE DAYS.

6

Q.

OKAY.

7

DAYS?

8

A.

9

PAID HER FOR 12.

AND HOW MANY HOURS WAS SHE SHORT ON ONE OF THE

SHE SHOWED THAT SHE WORKED TEN AND A HALF HOURS AND WE

10

MR. LAFAYETTE:

11

THE COURT:

12

MS. SMALLETS:

13

THE COURT:

14

WE WILL BE SEEING YOU LATER.

15

THE WITNESS:

16

THE COURT:

17

MS. NUGENT:

18
19
20
21

NO FURTHER QUESTIONS, YOUR HONOR.

ANYTHING ON THOSE QUESTIONS?
NO, YOUR HONOR.

MR. PEREZ, YOU MAY STEP DOWN.

I BELIEVE

THANK YOU.
NEXT WITNESS.
YOUR HONOR, THE PLAINTIFF CALLS BILL

WESSELMAN.
THE CLERK:

SORRY.

IF YOU WILL STAND.

(WILLIAM WESSELMAN, CALLED AS A WITNESS FOR THE PLAINTIFF,
HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:)

22

THE WITNESS:

23

THE CLERK:

24

THE MIC UP.

25

LAST NAME.

YES.
PLEASE BE SEATED.

MOVE THE CHAIR UP AND

THEN PLEASE STATE YOUR FULL NAME AND SPELL YOUR

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 129
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1

THE WITNESS:

2

THE COURT:

3

THE WITNESS:

4

THE COURT:

5

WILLIAM WESSELMAN, W-E-S-S-E-L-M-A-N.
GOOD MORNING -- GOOD AFTERNOON.
GOOD AFTERNOON.
YOU MAY PROCEED.
DIRECT EXAMINATION

6

BY MS. NUGENT:

7

Q.

8

OPPOSITE PROBLEM; I'VE BEEN GETTING TOO CLOSE.

9

WORK IT OUT.

10

GOOD AFTERNOON, MR. WESSELMAN.

I'VE BEEN HAVING THE
SO WE WILL

DID YOU RECEIVE A SUBPOENA TO TESTIFY TODAY?

11

A.

I DID.

12

Q.

WHERE DO YOU WORK?

13

A.

AT SHELL REFINERY IN MARTINEZ.

14

Q.

HOW LONG HAVE YOU WORKED AT THAT SHELL REFINERY IN

15

MARTINEZ?

16

A.

ALMOST THREE YEARS.

17

Q.

WHEN DID YOU START?

18

A.

IN JANUARY OF '06 -- '16.

19

Q.

JANUARY 2016?

20

A.

YES.

21

Q.

WERE YOU IN CIARA NEWTON'S NEW HIRE CLASS?

22

A.

YES.

23

Q.

THAT'S HOW YOU KNOW HER?

24

A.

YES.

25

Q.

WHAT DID YOU DO BEFORE YOU WORKED AT THE REFINERY IN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

MARTINEZ.

2

A.

I WORKED AS A HIGHWAY PATROL OFFICER.

3

Q.

IS IT FAIR TO SAY YOU'VE TESTIFIED BEFORE?

4

A.

SEVERAL TIMES.

5

Q.

DID YOU TRAIN WITH MS. NEWTON DURING THE SIX -- FIRST SIX

6

WEEKS THAT YOU WERE IN THE NEW HIRE CLASS?

7

A.

YES.

8

Q.

WHO WAS THAT UNDER?

9

A.

JEFF ANDRE.

10

Q.

AFTER YOUR TRAINING WITH JEFF ANDRE, WHAT DEPARTMENT WERE

11

YOU ASSIGNED TO?

12

A.

OPERATIONS CENTRAL, OPCEN.

13

Q.

WAS THERE A SPECIFIC LOCATION IN OPCEN WHERE YOU WERE

14

ASSIGNED?

15

A.

I WAS ASSIGNED IN THE SOUTH SIDE.

16

Q.

HOW MANY SIDES ARE THERE?

17

A.

THERE'S NORTH AND SOUTH, AND I WAS ON THE SOUTH SIDE.

18

Q.

DO YOU KNOW WHERE CIARA NEWTON WAS ASSIGNED IN OPERATION

19

CENTRAL?

20

A.

ON THE NORTH SIDE.

21

Q.

CAN YOU DESCRIBE BRIEFLY WHAT THE DIFFERENCE BETWEEN THE

22

NORTH AND THE SOUTH SIDE IS, IF THERE IS ANY?

23

A.

24

OTHER EVERY DAY.

25

PHYSICALLY WE ARE IN THE SAME BUILDING AND WE SEE EACH

THEY HAVE THREE DESKS THAT ARE ON ONE SIDE OF THE ROOM AND

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

THEN WE HAVE THREE DESKS FOR THE SOUTH SIDE ON THE OTHER SIDE

2

OF THE ROOM.

3

Q.

4

NORTH SIDE TO THE SOUTH SIDE?

5

A.

I THINK THERE IS.

6

Q.

OKAY.

7

A.

I THINK IT'S A LOT HARDER ON THE SOUTH SIDE.

8

Q.

WHY IS THAT?

9

A.

IT IS DIRTIER.

IN TERMS OF THE WORK, IS THERE ANY DIFFERENCE FROM THE

WHAT IS THE DIFFERENCE?

IT'S A DIFFERENT TYPE OF WORK.

DIFFERENT

10

TYPE OF THE REFINING PROCESS.

11

Q.

12

THIS YET, BUT WE'VE HEARD THE PHRASE "PROCESS OPERATOR".

13

SINCE YOU BROUGHT THAT UP, WE HAVEN'T TALKED MUCH ABOUT

WHAT DOES THAT MEAN?

14

A.

15

THE GROUND AND WE HAVE ONE OF SEVEN STRUCTURES IN THE WORLD

16

WHICH IS WITH THE FLEXICOKER, AND WE ARE ABLE TO HEAT IT UP

17

AND BREAK IT DOWN INTO SMALLER CARBON STRANDS.

18

SO AT THE REFINERY, WE BASICALLY TAKE A CRUDE OIL OUT OF

AND FROM THERE WE ARE ABLE TO MAKE GASOLINE DIESEL, JET

19

FUEL.

20

BECAUSE THERE'S A LOT OF SULFUR IN IT.

21

SULFUR PLANTS OUT THERE THAT'S USED FOR -- DIFFERENT COMPANIES

22

WILL BUY THE SULFUR FOR USING IN THEIR LAWN, OTHER DIFFERENT

23

TYPES OF PRODUCTS.

24

SOLD.

25

Q.

AND WE ALSO SELL SOME OF THE BYPRODUCTS OUT OF THAT
SO THEY HAVE A LOT OF

THERE'S A LOT OF BYPRODUCTS THAT ARE ALSO

WHAT ABOUT THE WORK ITSELF?

HAVE YOU WORKED ON THE NORTH

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

SIDE AS WELL?

2

A.

NO.

3

Q.

BUT THE WORK AS A PROCESS OPERATOR ITSELF, HOW WOULD YOU

4

DESCRIBE THAT JUST BRIEFLY?

5

WHAT DO YOU DO DURING THESE SHIFTS THAT WE'VE HEARD ABOUT?

6

A.

7

NIGHTS.

8

SO EITHER 6:00 IN THE MORNING OR 6:00 AT NIGHT FOR 12 HOURS.

9

SO WE HAVE 12-HOUR SHIFTS.

WE ARE EITHER WORKING DAY OR

WE START -- THE OFFICIAL START TIME IS 6:00 O'CLOCK.

WE ARE RESPONSIBLE FOR A SPECIFIC UNIT.

THERE'S THREE ON

10

THE NORTH, THERE'S THREE ON THE SOUTH.

11

START WITH TAKING READINGS, SAMPLES OF THE UNIT THAT WE ARE

12

ASSIGNED TO, AND BASICALLY MONITORING THAT UNIT, WORKING

13

CLOSELY WITH A BOARD OPERATOR WHO WILL HAVE US OPEN/CLOSE

14

VALVES OR MAKE CHANGES ON TEMPERATURES OR VOLUMES OF DIFFERENT

15

VESSELS.

16

Q.

17

ANY EXPERIENCE IN THE INDUSTRY, DID YOU?

18

A.

NOTHING.

19

Q.

SO YOU LEARNED EVERYTHING FROM SHELL THERE, RIGHT?

20

A.

YES.

21

Q.

OKAY.

22

AND IN THAT UNIT, WE

BEFORE YOU GOT THE JOB AT THE REFINERY, YOU DIDN'T HAVE

DID YOU EVER WORK DIRECTLY WITH CIARA NEWTON AFTER THAT

23

FIRST SIX WEEKS OF TRAINING WITH MR. ANDRE?

24

A.

25

THE SAME UNIT THAT SHE WORKED.

I WORKED WITH HER ON SHIFT BUT NOT DIRECTLY AS FAR AS IN
WE WORKED TWO DIFFERENT UNITS.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

Q.

CAN YOU EXPLAIN THAT?

2

A.

THERE'S THREE UNITS ON THE SOUTH SIDE, THREE UNITS ON THE

3

NORTH SIDE.

4

WHICH WAS HP-2.

5

UNITS.

6

SAME DAYS OFF AND WE WORKED THE SAME NIGHTS OR DAYS TOGETHER.

7

Q.

8
9

SHE WAS ASSIGNED TO ONE OF THE NORTH SIDE UNITS,
I WAS ASSIGNED TO ONE OF THE SOUTH SIDE

AND WE WORKED THE EXACT SAME SCHEDULE SO WE HAD THE

OKAY.
AT SOME POINT DID YOU HAVE RICHARD METCALF AS A

SUPERVISOR?

10

A.

YES.

11

Q.

AT THAT TIME YOU HAD MR. METCALF AS A SUPERVISOR, DO YOU

12

KNOW WHETHER CIARA ALSO HAD HIM AS HER SUPERVISOR?

13

A.

I BELIEVE SHE DID.

14

Q.

DID MR. METCALF -- WHEN DID YOU JOIN MR. METCALF'S TEAM?

15

A.

HE BECAME OUR FOREMAN PROBABLY IN AUGUST, SEPTEMBER TIME

16

FRAME.

17

Q.

OF 2016?

18

A.

OF '16, YES.

19

Q.

WHEN HE BECAME YOUR FOREMAN, DID HE SAY ANYTHING TO YOUR

20

TEAM ABOUT YOU GUYS ALL HAVING A BLANK SLATE OR A CLEAN SLATE,

21

ANYTHING LIKE THAT?

22

A.

I RECALL THAT, YES.

23

Q.

DO YOU RECALL SPECIFICALLY WHAT HE SAID?

24

A.

I BELIEVE HE USED THOSE WORDS, A CLEAN SLATE.

25

HE WAS A NEW FOREMAN, AND MOST OF THE PEOPLE HAD BEEN WORKING

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

BASICALLY

 134
WESSELMAN - DIRECT / NUGENT
1

THERE FOR SEVERAL YEARS.

2

CIARA AND I HAD ONLY BEEN THERE FOR, AT THAT POINT, NOT

3

EVEN A YEAR.

4

SEVERAL YEARS.

5

WAS -- I'VE HEARD RUMORS OR WHATEVER ABOUT HOW PEOPLE WORK OR

6

WHATEVER, BUT EVERYTHING IS A CLEAN SLATE.

7

EFFECT.

8

Q.

AT THAT TIME HAD YOU QUALIFIED AS AN OPERATOR YET?

9

A.

I HAD.

10

Q.

DO YOU KNOW WHEN YOU QUALIFIED FOR YOUR FIRST JOB?

11

A.

THE -- IT'S A LITTLE COMPLICATED.

12

AND MOST EVERYBODY ELSE HAD BEEN THERE FOR
AND FOR HIM TO COME IN AND ALMOST AS IF IT

IT WAS TO THAT

THE UNIT I WORKED HAS TWO SMALLER JOBS INSIDE OF IT.

SO

13

THE FIRST JOB, WHICH WAS DSU, WHICH MAKES DIESEL AND JET FUEL,

14

THAT I QUALIFIED IN MAY.

15

SCHEDULE BECAUSE THEY WERE DOING -- WHICH IS JUST MAINTENANCE

16

FOR TWO MONTHS.

17

AFTERWARDS.

18

THAT MAYBE AUGUST OR SEPTEMBER.

19

Q.

20

"TURNAROUND".

21

A.

22

AND IT IS A MASSIVE MAINTENANCE SCHEDULE WHERE I THINK WE HAVE

23

ABOUT 1500 TO 2,000 CONTRACTORS COMES OUT AND WE FIX VALVES,

24

EXCHANGERS.

25

EVERYTHING HAS TO BE SHUT DOWN FOR THAT TIME FRAME.

OKAY.

AND THEN WE HAD A TURNAROUND

SO THE SECOND PART HAD TO WAIT UNTIL

AND I THINK I FINISHED WITH THE SECOND PART OF

THAT'S THE FIRST TIME WE'VE HEARD THE WORD
CAN YOU BRIEFLY DESCRIBE WHAT THAT IS?

FOR US IT'S A MASSIVE -- EVERYTHING PRETTY MUCH SHUTS DOWN

THEY DO A LOT OF MAINTENANCE WORK.

AND

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

AND DURING THAT TIME FRAME, OUR SCHEDULE CHANGES TO WHERE

2

WE ARE NOT ON THE ROTATING SCHEDULE OF NIGHTS AND DAYS.

3

EITHER WORK NIGHTS OR YOU WORK DAYS, AND IT'S USUALLY SIX DAYS

4

ON, ONE DAY OFF DURING THAT TWO-MONTH PERIOD.

5

Q.

HOW OFTEN DOES TURNAROUND HAPPEN?

6

A.

FOR OUR UNIT IT'S EVERY THREE TO FOUR YEARS.

7

Q.

IT JUST SO HAPPENED IT WAS IN 2016 THE SAME YEAR THAT YOU

8

STARTED?

9

A.

RIGHT.

10

Q.

YOU SEEM HAPPY ABOUT THAT.

11

OKAY.

YOU

IT WAS GREAT.

DID YOU EVER HAVE CAMERON CURRAN AS A SUPERVISOR?

12

A.

YES.

13

Q.

DID YOU EVER FEEL LIKE HE MICROMANAGED YOU?

14

A.

NO.

15

Q.

HAD YOU EVER HEAR (SIC) ANY FEEDBACK THAT THAT WAS THE

16

TYPE OF MANAGER THAT HE WAS?

17

MR. LAFAYETTE:

18

THE COURT:

OBJECTION, HEARSAY.

SUSTAINED.

19

BY MS. NUGENT:

20

Q.

HOW WOULD YOU DESCRIBE HIS SUPERVISORY STYLE?

21

A.

VERY POLICY ORIENTED.

22

Q.

DID YOU EXPERIENCE THAT FROM HIM YOURSELF?

23

A.

EXPERIENCE IN WHAT WAY?

24

Q.

DID YOU THINK THAT HE WAS VERY POLICY ORIENTED WHEN YOU

25

WORKED UNDER HIM?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 136
WESSELMAN - DIRECT / NUGENT
1

A.

YES.

2

Q.

DID HE EVER WRITE ANYTHING IN YOUR PD LOG?

3

A.

NOT THAT I RECALL.

4

Q.

LET'S SWITCH TOPICS AND TALK ABOUT THE STICKER.

5

HEARD A LOT ABOUT IT TODAY.

WE HAVE

6

AT SOME POINT DID YOU FIND OUT THAT THERE HAD BEEN A

7

STICKER LEFT IN THE OFFICE THAT YOU DESCRIBED FOR US EARLIER

8

AND SPECIFICALLY ON MS. NEWTON'S DESK?

9

A.

YES.

10

Q.

HOW DID YOU FIND OUT ABOUT THAT?

11

A.

SO EVERY SHIFT, WHETHER IT'S 7:00 P.M. OR 7:00 A.M., WE

12

HAVE A SAFETY MEETING.

13

RECALL IF IT WAS MORNING OR NIGHT, BUT AFTER THAT 7:00 O'CLOCK

14

SAFETY MEETING, CIARA APPROACHED ME AND ASKED ME IF I HAD LEFT

15

A STICKER ON HER DESK.

16

SHE SHOWED ME THE STICKER WHICH --

17

Q.

WHAT WAS YOUR REACTION WHEN YOU SAW IT?

18

A.

I WAS SURPRISED.

19

Q.

WAS THERE ANY OTHER REASON THAT YOU WERE SURPRISED OTHER

20

THAN IT BEING INAPPROPRIATE?

21

A.

YOU ALREADY KNOW WHAT WAS ON THE STICKER?

22

Q.

YES.

23

A.

OKAY.

24

Q.

DID YOU FIND IT OFFENSIVE?

25

A.

YEAH, IT WAS OFFENSIVE.

AND I DON'T RECALL, I THINK -- I DON'T

I TOLD HER, NO, I DIDN'T.

AND THEN

IT WAS VERY INAPPROPRIATE.

WE'VE SEEN IT.
OKAY.

I THOUGHT OF IT -- OF COURSE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 137
WESSELMAN - DIRECT / NUGENT
1

COMING FROM CIARA, I THOUGHT OF IT AS BEING SEXUAL HARASSMENT.

2

Q.

DID YOU TELL HER THAT YOU FOUND IT OFFENSIVE?

3

A.

OH, YEAH.

4

Q.

DID YOU GIVE HER ANY ADVICE ABOUT WHAT TO DO WITH IT?

5

A.

I TOLD HER TO TAKE A PICTURE OF IT, AND THEN, YOU KNOW, TO

6

CONTACT THE SUPERVISORS, LET THEM KNOW ABOUT IT.

7

Q.

DID YOU --

8

A.

LIKE IF SHE WANTED TO.

9

WHAT TO DO, BUT IT WAS KIND OF UP TO HER AS FAR AS A

IT WASN'T LIKE I WAS TELLING HER

10

SUGGESTION.

11

Q.

12

ENFORCEMENT BACKGROUND ABOUT WHAT SHELL MAY DO ABOUT THAT?

DID YOU HAVE ANY EXPECTATION BECAUSE OF YOUR LAW

13
14

OBJECTION, IMPROPER OPINION,

MR. LAFAYETTE:
RELEVANCY.

15

THE COURT:

IT LACKS FOUNDATION.

16

BY MS. NUGENT:

17

Q.

18

IT AND TALK TO HER SUPERVISOR, RIGHT?

19

A.

YES.

20

Q.

WHY DID YOU TELL HER TO DO THAT?

21

A.

TO TAKE A PICTURE --

DID YOU HAVE -- YOU SAID THAT YOU SAID TAKE A PICTURE OF

22

MR. LAFAYETTE:

23

THE COURT:

24

THE WITNESS:

25

SUSTAINED.

OBJECTION, RELEVANCE, YOUR HONOR.

OVERRULED.
TO TAKE A PICTURE SO THAT SHE WOULD

ALWAYS HAVE THAT IN CASE SOMETHING HAPPENED TO IT, IT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 138
WESSELMAN - DIRECT / NUGENT
1

DISAPPEARED, OR SOMETHING LIKE THAT.

2

FORWARD AND GIVE THAT TO SOMEBODY AS FAR AS A SUPERVISOR AND

3

SAY THAT SHE HAS A PROBLEM WITH THIS, IT'S POSSIBLE THINGS GET

4

LOST.

5

DISAPPEAR.

6

BY MS. NUGENT:

7

Q.

8

WORK?

9

A.

THEY DID NOT.

10

Q.

WAS -- MR. METCALF WAS YOUR TEAM -- YOUR SHIFT LEADER AT

11

THE TIME, RIGHT?

12

A.

13

WAS UNDER -- WHAT TIME FRAME IT WAS.

14

Q.

15

YOUR SHIFT LEADER WAS AT THAT TIME ADDRESSING YOU INDIVIDUALLY

16

OR YOUR TEAM AS A GROUP ABOUT THE STICKER?

17

A.

18

STL OR WHICH PERSON, WHICH AUTHORITATIVE PERSON IT WAS THAT

19

TOLD US TO NOT PUT OUR THOSE STICKERS ON OUR HARD HAT.

20

Q.

DID YOU SEE THE STICKER ON ANYONE'S HARD HAT?

21

A.

NO.

22

Q.

DID YOU -- YOU EVER SAW IT ON JONATHAN BOYLE'S HARD HAT?

23

A.

NO.

24

Q.

WHEN THE SHIFT TEAM LEADER TOLD YOU NOT TO PUT IT ON THE

25

HARD HAT, DID YOU GET THE IMPRESSION THAT SOME OF THE

IF SHE WAS GOING TO GO

SO AS LONG AS SHE HAD THE PICTURE OF IT IT WOULDN'T

DID ANYBODY ASK YOU WHETHER YOU HAD BROUGHT THE STICKER TO

THAT I'M NOT POSITIVE.

I DON'T KNOW -- I'M NOT SURE IF IT

NO MATTER WHAT TIME FRAME IT WAS, DO YOU RECALL WHOEVER

SO I RECALL AS A GROUP, AND I DON'T REMEMBER IF IT WAS THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 139
WESSELMAN - DIRECT / NUGENT
1

OPERATORS HAD HAD IT ON THEIR HARD HATS?

2

A.

OR HAD POSSESSION OF IT.

3

Q.

IT WAS A HARD HAT STICKER, RIGHT?

4

A.

YES.

5

SO WITH SHELL, THERE'S A LOT OF STICKERS THAT PEOPLE PUT

6

ON THEIR HARD HATS, WHETHER IT'S LIKE A MONSTER ENERGY DRINK

7

STICKER -- I HAVE A VANS STICKER ON MY HARD HAT.

8

OTHER STICKERS THAT COME OUT DURING TURNAROUNDS, SAFETY

9

STICKERS PRODUCED BY THE COMPANY, THINGS TO, YOU KNOW, FOCUS

10

THERE'S ALSO

ON SAFETY-TYPE STICKERS.

11

SO THERE'S PEOPLE THAT HAVE A LOT OF DIFFERENT STICKERS,

12

INCLUDING MYSELF, ON THEIR HARD HATS.

13

Q.

14

WITH THE STICKER ON HIS HARD HAT?

15

A.

NO, I DON'T RECALL THAT.

16

Q.

AND IT DOESN'T SOUND LIKE YOU WERE EVER ASKED BY YOUR

17

SHIFT TEAM LEADER IF YOU KNEW WHO BROUGHT WHERE THE STICKER

18

IN; IS THAT TRUE?

19

A.

THAT'S TRUE.

20

Q.

HOW DID YOU LEARN THAT MS. NEWTON HAD BEEN FIRED?

DID YOU EVER TELL MS. NEWTON THAT YOU SAW JONATHAN BOYLE

21

MR. LAFAYETTE:

22

THE COURT:

23

BY MS. NUGENT:

24

Q.

25

FIRED?

OBJECTION, RELEVANCE, YOUR HONOR.

SUSTAINED.

AT SOME POINT DID YOU LEARN THAT MS. NEWTON HAD BEEN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 140
WESSELMAN - DIRECT / NUGENT
1

A.

YES.

2

Q.

WHAT WAS YOUR REACTION WHEN YOU HEARD THAT?

3

MR. LAFAYETTE:

4

THE COURT:

OBJECTION, RELEVANCE, YOUR HONOR.

SUSTAINED.

5

BY MS. NUGENT:

6

Q.

DID MR. METCALF ADDRESS YOUR TEAM ABOUT THAT?

7

A.

YES.

8

Q.

ABOUT HER FIRING?

9

WHAT DID HE TELL YOU?

10

A.

11

LITTLE RESPONSIBLE FOR IT AS IF IT WAS -- HE WISHED HE HAD

12

MORE TIME TO HELP HER IS WHAT I RECALL HIM MENTIONING IN THE

13

MEETING.

14

Q.

WHAT DID HE SAY THAT LED YOU TO THINK THAT?

15

A.

EXACTLY, I DON'T RECALL EXACTLY.

16

HE FELT PARTIALLY RESPONSIBLE.

17

Q.

18

MS. NEWTON WHEN MR. METCALF ADDRESSED YOU ABOUT HER FIRING?

IT WAS DURING OUR 7:00 O'CLOCK MEETING, AND HE FELT A

DID ANY OF THE OPERATORS ON YOUR TEAM SAY ANYTHING ABOUT

19

MR. LAFAYETTE:

20

THE COURT:

OBJECTION, RELEVANCY AND HEARSAY.

SUSTAINED.

21

BY MS. NUGENT:

22

Q.

23

OWN JOB SECURITY THERE?

24

MR. LAFAYETTE:

25

BUT TO THAT EFFECT THAT

DID MS. NEWTON'S FIRING CAUSE YOU ANY CONCERN ABOUT YOUR

OBJECTION, RELEVANCE, AND HEARSAY,

AND CHARACTER.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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WESSELMAN - DIRECT / NUGENT
1

THE COURT:

SUSTAINED.

2

BY MS. NUGENT:

3

Q.

4

DOING THE SAME THING SHE WAS --

5

MR. LAFAYETTE:

6

THE COURT:

YOU WERE CONCERNED AFTER SHE WAS FIRED THAT MAYBE YOU WERE

7

SUSTAINED.

8

BY MS. NUGENT:

9

Q.

10

OBJECTION --

HOW IS THIS RELEVANT?

FROM WHAT YOU OBSERVED OF MS. NEWTON'S WORK, WERE YOU

SURPRISED THAT SHE WAS FIRED?

11

MR. LAFAYETTE:

12

THE COURT:

OBJECTION, RELEVANCY, FOUNDATION.

LACKS FOUNDATION.

HE'S NOT IN THE SAME

13

GROUP HE SAID.

14

BY MS. NUGENT:

15

Q.

DID YOU EVER OBSERVE MS. NEWTON'S WORK?

16

A.

NO.

17

Q.

DID YOU EVER OBSERVE HER ASKING QUESTIONS TO THE SHIFT

18

TEAM LEADERS OR OTHER OPERATORS?

19

A.

NO.

20

Q.

THERE'S A -- THERE SHOULD BE A WITNESS BINDER IN FRONT OF

21

YOU.

22

A.

THERE'S ONLY ONE EXHIBIT IN IT.
I DON'T HAVE IT.

23

MS. NUGENT:

24

THE COURT:

25

MS. NUGENT:

MS. STONE?
THEY GAVE ME -I THINK I HANDED YOU TWO.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 142
WESSELMAN - DIRECT / NUGENT
1

THE CLERK:

2

MS. NUGENT:

3

WHICH ONE IS HIS?
OH.

IT DOESN'T MATTER.

THERE'S ONLY

ONE EXHIBIT IN THERE.

4

(BINDER HANDED TO WITNESS.)

5

THE WITNESS:

6

MS. NUGENT:

7

IN THERE.

8

BY MS. NUGENT:

9

Q.

THANK YOU.
THIS IS EXHIBIT 92.

IT IS THE ONLY ONE

IF YOU LOOK AT THE PAGE THAT HAS BEEN MARKED AT THE BOTTOM

10

WITH A NUMBER, IT'S 1391.

11

A.

WITH THE WORD "SOMETHING" AT THE TOP?

12

Q.

YES.

13

A.

YES.

14

Q.

IS THAT A PART OF A TEXT EXCHANGE THAT YOU EXCHANGED WITH

15

MS. NEWTON ON THE DAY SHE WAS FIRED, SEPTEMBER 28TH?

16

A.

YES.

17

Q.

DOES THAT REFRESH YOUR RECOLLECTION THAT YOU --

18

MR. LAFAYETTE:

19

THE COURT:

20

MR. LAFAYETTE:

21
22
23
24
25

DATE ABOVE.

OBJECTION, YOUR HONOR.

WHAT'S THE OBJECTION?
IT'S ONE, NOT RELEVANT BASED ON THE

IT'S IMPROPER OPINION.

THE COURT:

WELL, I THOUGHT THE STIPULATION WAS THAT

THE FIRING DATE WAS SEPTEMBER 29TH.
MS. NUGENT:

IT'S LACKING FOUNDATION.

THAT'S RIGHT.

THIS SAYS SEPTEMBER 28TH.
I ACTUALLY THINK THE

FIRING DATE WAS THE 28TH AND THE STIPULATION WAS ANYTHING

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 143
WESSELMAN - DIRECT / NUGENT
1

AFTER THE TERMINATION DATE.

2
3

THE COURT:

THIS WAS ON THE TERMINATION DATE.

LAY SOME FOUNDATION.

I DON'T KNOW WHAT

THIS IS.

4

MS. NUGENT:

OKAY.

5

BY MS. NUGENT:

6

Q.

7

CONTACT HER?

8

A.

EITHER I CONTACTED HER OR SHE CONTACTED ME.

9

Q.

WHAT WAS THE METHOD OF COMMUNICATION?

10

A.

TEXTING.

11

Q.

IS WHAT HAS BEEN CAPTURED IN EXHIBIT 92 BEGINNING ON

12

PAGE 1388 AT THE BOTTOM, THE TEXTS THAT YOU EXCHANGED WITH

13

MS. NEWTON ON SEPTEMBER 28TH GOING UP TO PAGE 1393?

14

A.

YES, IT APPEARS SO.

15

Q.

HAVE YOU HAD A CHANCE TO READ WHAT IS ON PAGE 1391, THE

16

ONE THAT BEGINS WITH THE "SOMETHING" AT THE TOP?

17

A.

YES.

18

Q.

YOU ASKED RICHARD METCALF WHEN HE ADDRESSED YOUR TEAM --

19

THAT WAS THE TEAM SHE WAS ON WHEN SHE WAS FIRED, RIGHT?

20

A.

CORRECT.

21

Q.

MR. METCALF TOLD EVERYBODY ON THE TEAM SHE HAD BEEN FIRED,

22

RIGHT?

23

A.

YES.

24

Q.

DID HE GIVE A REASON?

25

A.

MAY I REVIEW THESE REAL QUICK?

WHEN YOU FOUND OUT THAT MS. NEWTON HAD BEEN FIRED, DID YOU

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 144
WESSELMAN - DIRECT / NUGENT
1

Q.

OF COURSE YOU CAN.

2

A.

OKAY.

3

Q.

DID MR. METCALF GIVE A REASON FOR HER TERMINATION?

4

A.

IT WAS JUST SIMPLE, FROM WHAT I HAD HERE, THAT SHE DID NOT

5

MAKE IT OFF PROBATION.

6

Q.

7

YOUR RECOLLECTION THAT YOU -- YOU WANTED TO KNOW --

YES.

WHEN MR. METCALF TOLD THE TEAM THAT, DOES THIS REFRESH

8

MR. LAFAYETTE:

9

MS. NUGENT:

10

-- IN CASE YOU WERE DOING THE SAME

THING.

11

MR. LAFAYETTE:

12

MS. NUGENT:

13

MR. LAFAYETTE:

14

OBJECTION, YOUR HONOR.

-- THAT SHE WAS?
IT IS AN ATTEMPT TO GET INFORMATION

THAT --

15
16

OBJECTION, YOUR HONOR --

THE COURT:

WHAT'S THE LEGAL OBJECTION,

MR. LAFAYETTE?

17

MR. LAFAYETTE:

LEGAL OBJECTION IS IT CALLS FOR

18

HEARSAY TESTIMONY, IMPROPER OPINION ABOUT WHAT HIS BELIEF

19

WAS --

20

THE COURT:

21

MR. LAFAYETTE:

SUSTAINED.
-- AS TO HIM.

22

BY MS. NUGENT:

23

Q.

24

SAME TEAM AS MS. NEWTON, WEREN'T YOU?

25

A.

YOU WERE ONE OF THE MALE OPERATORS WHO WAS WORKING ON THE

YES.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 145
WESSELMAN - DIRECT / NUGENT
1

Q.

2

DOING THE SAME THING SHE WAS --

3

MR. LAFAYETTE:

4

THE COURT:

AFTER SHE WAS FIRED, YOU HAD CONCERNS THAT MAYBE YOU WERE

5

BY MS. NUGENT:

6

Q.

7

BOTTOM IS 1389.

8
9

OBJECTION, YOUR HONOR.

SUSTAINED.

IF YOU WILL LOOK BACK TO WHAT'S -- THE NUMBER ON THE

THIS IS STILL PART OF THAT SAME TEXT EXCHANGE WITH HER,
RIGHT?

10

A.

YES.

11

Q.

AND I ASKED YOU EARLIER ABOUT YOUR OBSERVATIONS OF

12

MS. NEWTON'S WORK.

13

AND IF YOU WILL READ TO YOURSELF THE BOTTOM TEXT HERE

14

BEGINNING WITH "JOHN HESS", AND THEN I WILL ASK YOU A

15

QUESTION.

16

A.

YES.

17

Q.

AT THE TIME THAT MS. NEWTON WAS FIRED, WAS IT YOUR OPINION

18

BASED ON YOUR PERCEPTION THAT SHE WAS ASKING QUESTIONS IN THE

19

WORKPLACE AND DOING JUST FINE?

20
21

MR. LAFAYETTE:

OBJECTION, YOUR HONOR.

LACKING

FOUNDATION, CONSTITUTES INADMISSIBLE HEARSAY.

22

THE COURT:

23

BY MS. NUGENT:

24

Q.

25

FIRING?

SUSTAINED.

WAS IT YOUR PERCEPTION THAT THERE WAS NO REASON FOR HER

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 146
WESSELMAN - CROSS / LAFAYETTE
1

MR. LAFAYETTE:

OBJECTION, RELEVANCY, IMPROPER

2

OPINION, LACKING FOUNDATION.

3

THE COURT:

4

MS. NUGENT:

5

SUSTAINED.
OKAY.

THANK YOU, MR. WESSELMAN.

6

THE WITNESS:

7

THE COURT:

YES, MA'AM.
CROSS.

8
9

I HAVE NOTHING FURTHER.

CROSS-EXAMINATION
BY MR. LAFAYETTE:

10

Q.

GOOD MORNING (SIC).

11

A.

GOOD AFTERNOON.

12

Q.

I KEEP DOING THAT.

13

OKAY.

WHEN YOU WERE ON PROBATION FROM JANUARY UNTIL SEPTEMBER,

14

WERE YOU TARDY?

15

A.

NOT THAT I RECALL.

16

Q.

DID YOU GO ADVISE YOUR -- AFTER THAT STICKER WAS FOUND ON

17

AUGUST 29, DID YOU SEE ANY MORE OF THEM IN THE WORKPLACE?

18

A.

I DID NOT.

19

Q.

PRIOR TO AUGUST 29, HAD YOU SEEN A STICKER LIKE THAT

20

BEFORE?

21

A.

22
23

NO, SIR.
MR. LAFAYETTE:

YOUR HONOR, I WILL RESERVE EVERYTHING

ELSE FOR THIS WITNESS UNTIL I CALL MY CASE-IN-CHIEF.

24

THE COURT:

IS HE ON YOUR --

25

MR. LAFAYETTE:

YES.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 147
WESSELMAN - CROSS / LAFAYETTE
1

THE COURT:

2

MR. LAFAYETTE:

3

THE COURT:

4

MR. LAFAYETTE:

5

THE COURT:

6

MS. NUGENT:

7

THE COURT:

8

THE WITNESS:

9

THE COURT:

10

THE WITNESS:

11

THE COURT:

12

MS. NUGENT:

13
14
15

HAS HE BEEN SUBPOENAED?
YES.

ALL RIGHT THEN.
THANK YOU, YOUR HONOR.

ANYTHING ON THOSE TWO QUESTIONS?
NO.

THANK YOU.

ALL RIGHT.

WE WILL SEE YOU LATER.

YES, MA'AM.
YOU MAY STEP DOWN.
THANK YOU.
NEXT WITNESS.
THE PLAINTIFF CALLS ODEMENA EKELEMU.

(PAUSE IN THE PROCEEDINGS.)
(ODEMENA EKELEMU, CALLED AS A WITNESS FOR THE PLAINTIFF,
HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:)

16

THE WITNESS:

17

THE CLERK:

I DO.
OKAY.

PLEASE BE SEATED.

THEN I'LL HAVE

18

YOU SCOOT UP AND YOU CAN ADJUST THAT MIC.

19

HAVE YOU STATE YOUR FULL NAME AND SPELL YOUR FIRST AND LAST

20

NAME.

21
22

AND WE ARE GOING TO

SO FIRST STATE YOUR FULL NAME.
THE WITNESS:

O-D-E-M-E-N-A.

NAME IS ODEMENA EKELEMU.

SPELLED

LAST NAME IS E-K-E-L-E-M-U.

23

THE COURT:

24

THE WITNESS:

25

THE COURT:

GOOD AFTERNOON, SIR.
THANK YOU.
YOU MAY PROCEED.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 148
EKELEMU - DIRECT / NUGENT
1

DIRECT EXAMINATION

2

BY MS. NUGENT:

3

Q.

THANK YOU.

4

A.

GOOD AFTERNOON.

5

Q.

MR. EKELEMU, DID YOU RECEIVE A SUBPOENA TO TESTIFY IN THIS

6

CASE?

7

A.

YES, I DID.

8

Q.

WHERE DO YOU WORK NOW?

9

A.

I WORK AT SHELL.

10

Q.

WHERE DO YOU WORK AT SHELL?

11

A.

OPCEN DEPARTMENT AT SHELL.

12

Q.

IS THAT AT THE REFINERY IN MARTINEZ?

13

A.

YES.

14

Q.

WHEN DID YOU START THERE?

15

A.

SO ORIGINALLY I STARTED AT SHELL IN JANUARY 2016.

16

TOOK SOME TIME OFF IN APRIL OF THIS YEAR.

17

A FEW WEEKS AGO.

18

Q.

19

YOUR NEW HIRE CLASS?

20

A.

YES, SHE WAS.

21

Q.

DID YOU KNOW HER BEFORE THAT?

22

A.

NO.

23

Q.

LET'S TAKE A LOOK AT THAT NEW HIRE CLASS.

24
25

GOOD AFTERNOON.

THEN I

AND I JUST RETURNED

WHEN YOU STARTED IN JANUARY OF 2016 WAS CIARA NEWTON IN

YOU HAVE A BINDER IN FRONT OF YOU.

AND THERE IS AN

EXHIBIT NO. 145.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 149
EKELEMU - DIRECT / NUGENT
1

A.

OKAY.

2

Q.

ARE YOU THERE?

3

A.

YES.

4

Q.

WHAT IS THAT?

5

A.

THAT'S A PICTURE OF EVERYONE IN THE CLASS PLUS THE

6

TRAINER.

7

Q.

WHO WAS THE TRAINER?

8

A.

THAT WOULD BE JEFF ANDRE ON THE LEFT.

9

Q.

YOU SAID IT'S EVERYBODY IN THE CLASS?

10

A.

I BELIEVE IT WAS, YES.

11
12

THERE SHOULD BE MAYBE 21 OR 22.

YOUR HONOR, I WOULD LIKE TO OFFER

MS. NUGENT:

EXHIBIT 145 INTO EVIDENCE.

13

THE COURT:

14

MR. LAFAYETTE:

15

THE COURT:

16

ANY OBJECTION?
NO, YOUR HONOR.

IT IS ADMITTED.

(PLAINTIFF'S EXHIBIT 145 RECEIVED IN EVIDENCE)

17

BY MS. NUGENT:

18

Q.

19

SCREEN.

LET'S TAKE A LOOK AT IT.

20

THE CLERK:

21

IT WILL POP UP HERE ON THE

IT WILL TAKE A SECOND.
(DISPLAYED ON SCREEN.)

22

BY MS. NUGENT:

23

Q.

24

BLUE SWEATER?

25

A.

OKAY.

IN THIS PHOTO, ARE YOU IN THE BACK THERE IN THE

YEAH, THAT WAS ME.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 150
EKELEMU - DIRECT / NUGENT
1

Q.

2

(INDICATING)?

3

A.

YES.

4

Q.

AND HOW ABOUT CIARA NEWTON, RIGHT THERE (INDICATING)?

5

A.

YES.

6

Q.

IS THIS PATRICK NEUMAN (INDICATING)?

7

A.

YES.

8

Q.

AND IS THIS JOSE NAVARRO (INDICATING)?

9

A.

CORRECT.

10

Q.

AND YOU MENTIONED THE TRAINER.

11

(INDICATING)?

12

A.

YES.

13

Q.

YOU SAID THERE ARE ABOUT 22 PEOPLE IN THE PROBATIONARY

14

CLASS; IS THAT CORRECT?

15

A.

21, 22, I DON'T REMEMBER EXACTLY.

16

Q.

DO YOU KNOW WHEN IN THE TRAINING THIS PHOTO WAS TAKEN,

17

WHEN IN THE NINE MONTHS THAT YOU WERE ALL THE NEW HIRE CLASS?

18

A.

19

THIS WAS TAKEN AT THE END OF THE CLASS, I THINK.

20

IF IT WAS AFTER EVERYBODY PASSED BUT I KNOW IT WAS AT THE END

21

OF THE CLASS.

22

Q.

23

CERTAIN PORTION OF THE TRAINING OR ARE YOU TALKING ABOUT

24

PROBATION AS A WHOLE?

25

A.

AND WE JUST SAW MR. WESSELMAN, IS THAT HIM RIGHT THERE

THAT'S JEFF ANDRE, RIGHT

I THINK THAT CLASS WAS MAYBE TWO OR THREE MONTHS, I THINK.
I'M NOT SURE

AND WHEN YOU SAY EVERYBODY PASSED, ARE YOU TALKING ABOUT A

NOT PROBATION.

SO THIS WOULD BE, PASSING WOULD BE IF YOU

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 151
EKELEMU - DIRECT / NUGENT
1

QUALIFIED TO GO JOIN A UNIT.

2

Q.

OKAY.

3

A.

THERE WAS A CHANCE THAT YOU MAY NOT PASS THE INITIAL

4

TRAINING, IN WHICH CASE YOU ARE NOT ALLOWED TO JOIN A UNIT.

5

Q.

BUT EVERYBODY PASSED THE INITIAL TRAINING, RIGHT?

6

A.

YES.

7

Q.

DO YOU KNOW IF ANYONE OTHER THAN CIARA NEWTON IN THIS

8

PICTURE DID NOT PASS PROBATION?

9

A.

10

I THINK EVERYBODY PASSED AND SENT TO A UNIT.
ARE YOU TALKING ABOUT PROBATION?

11

Q.

PROBATION, YES.

12

A.

SO THE PROBATION PERIOD EXTENDED BEYOND THE INITIAL

13

TRAINING AND IT COUNTED AFTER WE GOT ON SHIFT.

14

ABOUT NINE MONTHS.

15

I BELIEVE EVERYBODY PASSED.

I THINK IT'S

I WASN'T AWARE OF ANYBODY NOT

16

MAKING PROBATION.

17

Q.

WELL, YOU KNOW THAT CIARA NEWTON WAS FIRED, RIGHT?

18

A.

YES.

19

Q.

DO YOU KNOW WHEN SHE WAS FIRED?

20

A.

IT WAS RIGHT AT THE END -- I THINK IT WAS RIGHT BEFORE THE

21

END OF THE PROBATION PERIOD.

22

Q.

23

DID -- I THINK THAT YOU CAN USE THE SCREEN, TOO.
CAN YOU IDENTIFY SHEILA BABOT?

24

A.

SHE IS THE ONE IN THE BLACK JACKET.

25

Q.

DO YOU KNOW WHETHER SHE STILL WORKS AT SHELL?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 152
EKELEMU - DIRECT / NUGENT
1

A.

I BELIEVE SHE WAS ALSO FIRED.

2

Q.

DO YOU KNOW WHEN?

3

A.

I THINK IT HAPPENED AFTER CIARA'S CASE.

4

EXACTLY.

5

MS. NUGENT:

I'M NOT SURE

WE CAN TAKE THAT DOWN.

6

BY MS. NUGENT:

7

Q.

IS SHELL THE FIRST PETROLEUM COMPANY YOU'VE WORKED FOR?

8

A.

NO.

9

Q.

WHAT OTHER OIL PRODUCTS COMPANIES HAVE YOU WORKED FOR?

10

A.

I'VE WORKED FOR BP.

11

Q.

WHERE DID YOU WORK FOR BP?

12

A.

THAT WOULD BE A TOWN CALLED WHITING, INDIANA.

13

Q.

WHEN WAS THAT?

14

A.

BETWEEN 2007 AND 2015.

15

Q.

WHAT DID YOU DO FOR BP?

16

A.

SAME JOB THAT I'M DOING NOW, OPERATOR.

17

Q.

OTHER THAN BP AND SHELL, HAVE YOU WORKED FOR ANY OTHER

18

PETROLEUM COMPANIES?

19

A.

20

MOBILE.

21

Q.

DID YOU WORK FOR EXXON?

22

A.

YEAH, BUT I DIDN'T GO THROUGH THE TRAINING.

23

TO BP FOR PERSONAL REASONS.

24

Q.

25

ALREADY ABOUT EIGHT YEARS OF EXPERIENCE --

IN BETWEEN TIME I TRIED TO SWITCH JOBS FROM BP TO EXXON

I WENT BACK

SO WHEN YOU JOINED SHELL IN 2016, IT SOUNDS LIKE YOU HAD

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 153
EKELEMU - DIRECT / NUGENT
1

A.

YES.

2

Q.

-- OR SO IN THE INDUSTRY?

3

A.

YES.

4

Q.

EVEN THOUGH YOU HAD THAT EXPERIENCE, WE JUST SAW FROM THE

5

PICTURE YOU STILL WENT THROUGH THE CLASSROOM TRAINING PORTION,

6

RIGHT?

7

A.

YES.

8

Q.

YOU STILL HAD TO QUALIFY AS AN OPERATOR --

9

A.

YES.

10

Q.

-- ON THE UNIT?

11

AFTER THE CLASSROOM TRAINING YOU TALKED ABOUT YOU WERE

12

ASSIGNED TO OPERATION CENTRAL, RIGHT?

13

A.

CORRECT.

14

Q.

AND THAT'S STILL THE DEPARTMENT YOU'RE IN TODAY?

15

A.

YES.

16

Q.

DID YOU GET TO CHOOSE YOUR ASSIGNMENT TO OPERATION

17

CENTRAL?

18

A.

19

SUPPOSED TO HAVE THREE CHOICES OF WHERE YOU WOULD LIKE TO GO.

20

BUT THEN IT DIDN'T TRULY MATTER.

21

PUT YOU WHERE THEY WANTED TO PUT YOU.

22

Q.

23

RANK DIFFERENT DEPARTMENTS?

24

A.

25

WOULD YOU LIKE TO GO.

SO THEY MADE US CHOOSE -- MAKE THREE CHOICES.

YOU'RE

IT WAS UP TO THE DECIDERS TO

WHEN YOU SAY THAT YOU HAD THREE CHOICES, DID YOU GET TO

YES.

YOU ARE SUPPOSED TO PICK ONE THROUGH THREE WHERE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 154
EKELEMU - DIRECT / NUGENT
1

Q.

2

RANK THEM?

3

A.

4

SUPERVISORS, SOME DIFFERENT DEPARTMENTS COME TALK TO US ABOUT

5

DEPARTMENTS, AND WE WERE ALLOWED TO ASK QUESTIONS.

6

FEW TOURS OF SOME UNITS.

7

THINGS FROM PEOPLE THAT'S WHERE THEY WORKED IN THE UNITS TO

8

DECIDE WHERE TO GO TO.

9

Q.

HOW DID YOU KNOW WHAT THE DEPARTMENTS WERE IN ORDER TO

SO THEY HAD, I THINK, SOME OPERATION SPECIALISTS, SOME

WE TOOK A

AND THEN PEOPLE ALSO HAD LEARNED

DO YOU RECALL ANYTHING THAT ANYBODY FROM OPERATION CENTRAL

10

SAID TO THE NEW OPERATORS BEFORE THE RANKING BEGAN?

11

A.

12

THE TRAINING HAD A PRECONCEIVED NOTION OF WHAT TO EXPECT.

13

THERE'S TWO EXTREMES.

14

DEPARTMENT TO WORK IN; ON THE OTHER HAND YOU HAVE THE WORST

15

DEPARTMENT TO WORK IN.

16

YEAH.

SO THE -- WE HAVE, I THINK, EVERYBODY WENT THROUGH

ON THE ONE HAND YOU HAVE THE BEST

AND I THINK WHAT WE ALL GOT FROM PEOPLE THAT WORK IN THE

17

UNITS THAT LOGISTICS WAS THE BEST PLACE TO BE AND OPCEN ON THE

18

OTHER HAND....

19

Q.

ON THE OTHER HAND THE WORST PLACE TO BE?

20

A.

YEAH.

21

AT OPCEN AND NOW WORK IN LOGISTICS TELL US WHATEVER YOU DO

22

DON'T GO TO OPCEN.

23

Q.

DID THEY TELL YOU WHY?

24

A.

I THINK IT'S MOSTLY... SO OPCEN HAS A UNIT THAT'S VERY

25

LABOR INTENSIVE, FOR LACK OF A BETTER TERM.

WE HAD A TOUR WHERE WE MET GUYS THAT USED TO WORK

SO IT IS MORE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 155
EKELEMU - DIRECT / NUGENT
1

DEMANDING PHYSICALLY, I THINK, WAS WHAT PEOPLE SAID BECAUSE IT

2

WAS AN OLDER UNIT, AND PROCESSING THAT UNIT IS VERY... IS VERY

3

HAZARDOUS, SO TO SPEAK.

4

THINK THAT UNIT IS VERY HEAVILY -- IT WASN'T REALLY FRIENDLY,

5

I GUESS.

6

Q.

7

EQUIPMENT --

8

A.

YES.

9

Q.

OKAY.

THERE'S HAZARDS EVERYWHERE, BUT I

WHEN YOU SAID AN OLDER UNIT, WERE YOU REFERRING TO THE

OKAY.

10

IS THERE ANY OTHER REASON THAT YOU GOT THE IMPRESSION FROM

11

THESE PRESENTATIONS THAT OPCEN WAS NOT A DESIRABLE ASSIGNMENT?

12

MR. LAFAYETTE:

13

THE COURT:

14

THE WITNESS:

OBJECTION, RELEVANCE, YOUR HONOR.

OVERRULED.
IT WASN'T FROM THE PRESENTATION.

SO

15

EVERYBODY THAT CAME TO TALK ABOUT THE UNITS WERE VERY HAPPY TO

16

WORK AT THE UNIT THEY WORKED IN.

17

WE HAD THE OPERATION SPECIALIST FROM OPCEN COME TALK WITH

18

US ABOUT OPCEN.

19

WAS NICE.

20

WELL.

21

PRESENT TO US IN CLASS AND THEY WERE ALL VERY PROFESSIONAL

22

ABOUT OPCEN BEING, YOU KNOW, A GOOD UNIT TO WORK IN.

23

GRAYSON CAME TO SPEAK TO US ABOUT OPCEN.

HE

I THINK JEFF FISCHER CAME TO SPEAK ABOUT OPCEN AS

HE WAS NICE.

WE HAVE GUYS FROM OPCEN THAT CAME TO

BUT I THINK THAT THE WHOLE NOTION OF OPCEN BE THE PLACE

24

YOU SHOULDN'T WANT TO BE WAS FROM GUYS THAT HAD WORKED IN

25

OPCEN AND THAT TRANSFERRED OUT OF OPCEN, AND THEY SAY, WELL,

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 156
EKELEMU - DIRECT / NUGENT
1

THAT'S... YOU DON'T WANT TO BE THERE.

2

Q.

YOU MENTIONED SOMEONE NAMED GRAYSON; IS THAT RIGHT?

3

A.

YES.

4

Q.

WHAT'S HIS LAST NAME?

5

A.

HILDERBRAND.

6

Q.

GRAYSON HILDERBRAND?

7

A.

YES.

8

Q.

AND HE CAME AND GAVE A PRESENTATION ABOUT OPCEN; IS THAT

9

RIGHT?

10

A.

YES.

11

Q.

IS IT FAIR TO SAY THAT YOU DIDN'T KNOW TOO MUCH ABOUT EACH

12

DEPARTMENT WHEN YOU WERE BEING ASKED TO RANK WHERE YOU WANTED

13

TO GO?

14

A.

15

WHAT EACH UNIT DOES, BUT I DIDN'T THINK IT WAS FAIR TO ASK

16

ANYONE TO PICK WHERE THEY WANT TO GO TO BECAUSE THERE IS NO

17

WAY YOU CAN KNOW WHAT TO EXPECT.

18

PICKED BASED ON WHAT THEY HEARD FROM THE GUYS THAT HAVE WORKED

19

IN THE UNITS.

20

Q.

WHAT DID YOU PICK FIRST?

21

A.

I DON'T REMEMBER EXACTLY.

22

Q.

DID YOU PICK --

23

A.

I DON'T THINK I PICKED OPCEN.

24

UNIT I'VE ALWAYS WANTED TO WORK IN THROUGHOUT MY YEARS IN THE

25

INDUSTRY.

SO I'VE WORKED IN THE INDUSTRY AND I HAVE LIKE AN IDEA OF

SO I THINK MOST PEOPLE

I HAD A PREFERENCE FOR A

THAT'S WHAT I PICKED, BUT I DIDN'T GET IT.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 157
EKELEMU - DIRECT / NUGENT
1

Q.

2

OPCEN.

3

A.

YES.

4

Q.

WHO WAS THE PERSON TRAINING YOU?

5

A.

THAT WOULD BE JEFF FISCHER.

6

Q.

WHO ELSE WAS TRAINING WITH YOU?

7

A.

WE HAD CIARA, JOSE, AND PATRICK NEUMAN.

8

Q.

THOSE ARE PEOPLE THAT WE LOOKED AT IN THE PHOTOGRAPH,

9

RIGHT?

10

LET'S TALK ABOUT WHAT HAPPENED AFTER YOU WERE ASSIGNED TO
YOU STARTED TRAINING IN THAT UNIT, RIGHT?

PATRICK NEUMAN WAS ALL THE WAY ON THE RIGHT AND JOSE WAS

11

CROUCHING DOWN IN FRONT?

12

A.

UH-HUH.

13

Q.

AND THEN, OF COURSE, MS. NEWTON?

14

JUST THE FOUR OF YOU?

15

A.

YES.

16

Q.

WHEN YOU JOINED OPCEN, WHERE DID THE TRAINING TAKE PLACE?

17

SO WAS IT CLASSROOM TRAINING, WERE YOU IN A UNIT?

18

A.

19

FIELD CONFERENCE ROOM.

20

Q.

SO FIELD AND IN THE CONFERENCE ROOM?

21

A.

SO THE -- EVERY DEPARTMENT HAS LIKE AN OFFICE SPACE, LIKE

22

A CONTROL ROOM WHERE -- A PLACE WE STAY IN.

23

THOSE THAT WE WILL STAY IN.

24

ASSIGNED TO OPCEN IN THE CONTROL ROOM, THERE'S A CONFERENCE

25

ROOM IN THERE THAT'S USED FOR MEETINGS.

OPCEN HAS A CONFERENCE -- CONFERENCE ROOM IN THE FIELD, SO

OPCEN HAS ONE OF

WITHIN THAT, OUTSIDE OF THE DESK

THAT'S WHERE WE WERE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 158
EKELEMU - DIRECT / NUGENT
1

TRAINED THERE.

2

Q.

3

TRAININGS IN THAT CONFERENCE AREA?

4

A.

MAYBE A COUPLE OF TIMES, I THINK.

5

Q.

DO YOU REMEMBER BEING LATE ANY MORE THAN A COUPLE OF

6

TIMES?

7

A.

NO.

8

Q.

DID SHE EVER GIVE YOU ANY RIDES EITHER TO WORK OR FROM

9

WORK?

DO YOU REMEMBER CIARA EVER BEING LATE FOR ANY OF THE

10

A.

YES.

11

Q.

WAS IT ALWAYS FROM WORK OR ALWAYS TO WORK?

12

A.

MOSTLY FROM WORK.

13

WENT TO OPCEN.

14

OF TOWN.

15

BUT SHE WAS GOING MY DIRECTION AND SHE OFFERED TO GIVE ME A

16

RIDE.

17

Q.

18

WHAT TIME DURING THAT PORTION OF IT DID YOU GENERALLY ARRIVE

19

AT WORK?

20

A.

21

THEN AFTER WE GO TO OUR UNITS, I THINK THE FIRST WEEK, WE HAVE

22

THE SAME SCHEDULE.

23

GREEN WAS INITIALLY I THINK THE FIRST WEEK, IF I'M NOT

24

MISTAKEN, HE WAS WITH US FOR THE FIRST WEEK.

25

SCHEDULES.

SO I WAS DOING -- THIS WAS BEFORE WE

THIS IS WHEN WE FIRST GOT HIRED AND I WAS OUT

I WAS CLOSE ENOUGH TO TAKE AN UBER TO AND FROM WORK,

OKAY.

DURING -- GOING BACK TO THE CLASSROOM TRAINING,

SO THEY -- THE INITIAL TRAINING WAS FROM 7:00 TO 3:00.

BUT WE HAD A -- WE HAD ANDY GREEN.

ANDY

WE KEPT OUR SAME

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 159
EKELEMU - DIRECT / NUGENT
1

AND THEN JEFF FISCHER TOOK OVER.

HE WAS GOING TO BE THE

2

OFFICIAL TRAINER.

3

THAT TIME.

4

2:00 OR 2:30.

5

Q.

6

THAT WAS ALL THE CLASSROOM TRAINING WITH JEFF FISCHER?

7

A.

RIGHT.

8

Q.

HOW WOULD YOU DESCRIBE MR. FISCHER'S TRAINING STYLE WITH

9

THE FOUR OF YOU?

OKAY.

HE TOOK OVER.

THEN WE MADE ADJUSTMENTS AT

AND I THINK IT WAS EITHER 6:00 OR 6:30 TO ABOUT

AND WHETHER IT WAS 6:00 OR 6:30 TO 2:00 OR 2:30,

10

A.

TRAINING STYLE?

11

Q.

YEAH.

12

A.

SO JEFF, WHEN HE FIRST CAME TO SPEAK WITH US, YOU KNOW,

13

WHILE WE WERE -- BEFORE WE CAME TO OPCEN, I THOUGHT HE WAS

14

NICE.

15

WHAT WAS HE LIKE?

HE SEEMED VERY PROFESSIONAL.

BUT DURING THE TRAINING PERIOD, I COULD TELL THAT HE

16

WASN'T PATIENT.

17

JOB.

18

PEOPLE THAT GOT SENT TO OPCEN FROM THE TRAINING CLASS.

19

Q.

20

EXPRESSED SOME DISAPPOINTMENT INITIALLY ABOUT THE PEOPLE BEING

21

ASSIGNED TO OPCEN?

22

A.

23

INFORMATION, BUT THERE WAS A TIME HE HAD A LITTLE SHEET OF

24

PAPER WHO INTERVIEWED FOR THE JOB THAT DIDN'T GET IT.

25

GUESS HE SAW THE NAME OF SOMEONE, SOMEONE'S SON, I THINK,

IT SEEMED LIKE HE DIDN'T WANT TO BE DOING THE

HE EXPRESSED SOME DISAPPOINTMENTS INITIALLY ABOUT THE

WHAT DID YOU HEAR HIM SAY THAT LED YOU TO SAY THAT HE

SO I DON'T -- RIGHT NOW I DON'T REMEMBER ANY SPECIFIC

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

AND I

 160
EKELEMU - DIRECT / NUGENT
1

MAYBE THAT HE RECOGNIZED.

2

ALREADY WHO'S SON INTERVIEWED FOR THE JOB AT SHELL AND DIDN'T

3

GET IT.

4

THE JOB BUT PATRICK NEUMAN GETS THE JOB.

5

SOMEONE THAT WORKED AT SHELL

HE EXPRESSED SURPRISE AS, WOW, THAT PERSON DIDN'T GET

SO THAT WAS SAYING, WELL, HOW COULD PATRICK GET THE JOB

6

WHEN THIS GUY'S SON DIDN'T GET THE JOB.

7

Q.

8

DISAPPOINTED WITH THE PEOPLE THAT ENDED UP IN HIS DEPARTMENT?

9

A.

DID HE SAY ANYTHING ELSE THAT LED YOU TO THINK HE WAS

I DON'T KNOW IF HE SAID ANY -- I CAN'T REMEMBER ANY

10

SPECIFIC WORDS THAT HE SAID.

11

HAD PEOPLE IN MIND HE WAS HOPING WOULD BE SENT TO OPCEN THAT

12

DIDN'T GET SENT TO OPCEN.

13

Q.

14

DID YOU OBSERVE THAT LED YOU TO DESCRIBE HIM AS IMPATIENT?

15

A.

16

PEOPLE.

17

WAY TO KILL, YOU KNOW -- THE BEST WAY TO -- TO -- TO HINDER

18

THE TRAINING PROCESS IS TO... WHEN YOU DON'T ALLOW THE STUDENT

19

TO ASK WHATEVER QUESTION THEY WANT TO ASK, YOU KIND OF HINDER

20

THEIR LEARNING.

21

BUT I KNOW HE HAD, I THINK HE

YOU DESCRIBED HIM AS IMPATIENT.

WHAT DID HE DO OR WHAT

WELL, I HAVE HAD NUMEROUS TRAINING WITH A LOT OF DIFFERENT
I'VE BEEN A TRAINER MYSELF OVER THE YEARS.

THE BEST

AND I THOUGHT MAYBE HE TAUGHT US SOME THINGS, HE'S GONE

22

THROUGH SOME THINGS, THERE'S A CHANCE THAT SOMEONE MIGHT STILL

23

NEEDS TO ASK QUESTIONS.

24

NOT BE OBVIOUS TO THE STUDENT.

25

QUESTIONS AND ANSWER FREELY.

EVEN IF IT'S OBVIOUS TO YOU, IT MAY
YOU SHOULD ALLOW THEM TO ASK

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 161
EKELEMU - DIRECT / NUGENT
1

HE WAS EMPLOYEES HANDS OFF.

IF QUESTIONS GET ASKED AND HE

2

FEELS LIKE YOU SHOULD KNOW THEM ALREADY, HE LIKE THROW HIS

3

HANDS UP AND EXPRESS SOME KIND OF, YOU KNOW, I CAN'T BELIEVE

4

YOU'RE ASKING THAT KIND OF THING.

5

Q.

6

THAT MS. NEWTON ASKED?

7

A.

YES.

8

Q.

AND BEFORE YOU SAID THAT HE DID SOME THINGS THAT HINDERED

9

THE LEARNING; IS THAT THE PHRASE YOU USED?

DID YOU EVER SEE HIM DO THAT IN RESPONSE TO A QUESTION

10

A.

11

THAT'S STUPID.

12

THEM SCARED TO ASK QUESTIONS FREELY AND OPENLY.

13

I THINK -- YOU CAN'T -- THERE SHOULD BE NO QUESTIONS ASKED
I THINK IF YOU ASK THAT AS A TRAINER, YOU MAKE

AND I THOUGHT HE EXPRESSED THAT AT DIFFERENT POINTS WITH

14

CIARA AND PATRICK.

15

Q.

16

OF YOU WOULDN'T BE HERE IF I DID THE HIRING?

17

A.

I CAN'T SAY FOR A FACT I REMEMBER.

18

Q.

DID YOU EVER OBSERVE MR. FISCHER TRY TO EMBARRASS

19

MS. NEWTON?

20

A.

DID YOU EVER HEAR HIM SAY SOMETHING TO THE EFFECT OF, SOME

NOT THAT I CAN RECALL, NO.

21

THE COURT:

22

THE WITNESS:

23

THE COURT:

24

BY MS. NUGENT:

25

Q.

I COULD NOT HEAR YOU.
NOT -- I CAN'T RECALL THAT HAPPENING.
THANK YOU.

DID YOU EVER OBSERVE HIM TRY TO INTIMIDATE HER IN ANY WAY

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 162
EKELEMU - DIRECT / NUGENT
1

OTHER THAN WHAT YOU'VE ALREADY DESCRIBED WITH --

2

MR. LAFAYETTE:

3

THE COURT:

4

THE WITNESS:

OBJECTION, ARGUMENTATIVE.

OVERRULED.
SO I TRIED TO BE -- TO PUT MYSELF IN

5

CIARA'S AND PATRICK'S SHOES, AND I THOUGHT IT WAS VERY HIGH

6

TENSION ENVIRONMENT.

7

COMING TO CLASS TO LEARN BECAUSE OF THE ENVIRONMENT, BUT

8

DIRECTLY INTIMIDATE, NO, I CAN'T SAY I OBSERVED HIM DO THAT.

9

I COULD SEE HOW THEY MAY NOT BE AT PEACE

I JUST THOUGHT IT WAS THE ENVIRONMENT THAT IT DIDN'T SEEM

10

TO BE A VERY FRIENDLY ENVIRONMENT FOR SOMEONE THAT HAS NEVER

11

DONE THIS BEFORE.

12
13

THE COURT:

MS. NUGENT:

15

THE COURT:

16

MS. NUGENT:

NO, I DON'T.
HOW MUCH MORE DO YOU HAVE?
WELL, I PROBABLY HAVE ANOTHER TEN

MINUTES.

18

THE COURT:

19

MR. LAFAYETTE:

20

THE COURT:

21
22
23
24
25

DO YOU HAVE MUCH

MORE?

14

17

SO IT'S 1:00 O'CLOCK.

HOW MUCH DO YOU HAVE?
MAYBE FIVE, YOUR HONOR.

CAN YOU ALL WAIT ANOTHER 15 MINUTES?

DOES ANYONE HAVE TO BE SOMEWHERE?
IS THAT OKAY?
MS. NUGENT:

I AM SORRY.

I WON'T DO THIS AGAIN.

I

AM VERY SORRY AND I WILL SPEED IT UP.
THE COURT:

DON'T SPEED IT UP SO THE COURT REPORTER

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 163
EKELEMU - DIRECT / NUGENT
1

CAN'T TAKE IT DOWN.

2

MS. NUGENT:

NOT MY SPEAKING, I WILL SPEED UP THE

3

QUESTIONS.

4

BY MS. NUGENT:

5

Q.

6

SOMEONE TO THE GATE"?

7

A.

8

USED EXAMPLES OF HOW PEOPLE HAVE BEEN WALKED TO THE GATE FOR

9

NOT MEETING UP, NOT LEARNING, WHO HAVE BEEN INCOMPETENT.

DID YOU HEAR MR. FISCHER SAY HE WAS GOING TO QUOTE "WALK

SO PART OF WHAT I THOUGHT WASN'T VERY PROFESSIONAL IS HE

10

Q.

11

THAT HE WOULD WALK HER TO THE GATE?

12

A.

I CAN'T REMEMBER ANY OF THAT, NO.

13

Q.

AS PART OF YOUR TRAINING, DID YOU HAVE TO DRAW A MAP OF

14

THE PROCESS OF HP-2?

15

A.

YES.

16

Q.

THOSE DRAWINGS ARE PRETTY DETAILED, AREN'T THEY?

17

A.

YES.

18

Q.

THEY TAKE A LONG TIME?

19

A.

YEAH.

20

Q.

DO YOU RECALL THAT MS. NEWTON'S DRAWING OF THE HP-2

21

PROCESS AT SOME POINT WAS WHITED OFF THE BOARD?

22

A.

23

SPECIFICALLY.

24
25

DID YOU EVER HEAR HIM SAY THAT DIRECTLY ABOUT MS. NEWTON,

I MIGHT HAVE HEARD ABOUT THAT, BUT I CAN'T SAY I REMEMBER
IT MAY HAVE HAPPENED.

SO, JOSE AND I WERE -- THE CLASS WAS KIND OF SEPARATED
INTO TWO AFTER A POINT IN TIME BECAUSE HE SAID HE WANTED TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 164
EKELEMU - DIRECT / NUGENT
1

FOCUS ON CIARA AND PATRICK.

2

HAPPENED WHILE WE WERE SEPARATED.

3

Q.

WHAT DID YOU HEAR?

4

MR. LAFAYETTE:

5

THE COURT:

6

SO MY GUESS THAT MAY HAVE

OBJECTION, HEARSAY.

RESPONSE?

A RESPONSE?

7

MS. NUGENT:

HE WAS IN THE SAME TRAINING CLASS AS

8

THESE FOUR PEOPLE.

9

CERTAINTY OF HIS MEMORY ABOUT THAT AND WHAT HE HEARD ABOUT IT.

AND HE SAYS -- I'M TRYING TO TEST THE

10

MR. LAFAYETTE:

11

THE COURT:

HEARSAY.

SUSTAINED.

12

BY MS. NUGENT:

13

Q.

14

WITH MS. NEWTON AND YOUR EXPERIENCE IN THE INDUSTRY, DID YOU

15

SEE ANY REASON THAT SHE WASN'T CAPABLE OF BEING A GOOD

16

OPERATOR?

DID YOU -- WELL, BASED ON WHAT YOU OBSERVED WHILE TRAINING

17

MR. LAFAYETTE:

18

THE COURT:

19

MR. LAFAYETTE:

20

THE COURT:

21

THE WITNESS:

OBJECTION, LACKING IN FOUNDATION.

OVERRULED.

HE WAS IN THE SAME CLASS.

MY --

OVERRULED.
YOU KNOW, I THOUGHT SHE PASSED THE

22

INITIAL TRAINING AND SHE CAME TO CLASS.

23

BECAUSE I THINK SHE WAS GONE FOR MAYBE NINE DAYS TO MAYBE TWO

24

WEEKS.

25

THE SAME TIME AS PATRICK WHO HAD BEEN WITH US THROUGH THE

SHE HAD SOME SETBACKS

AND SHE CAME BACK, AND SHE STILL MANAGED TO QUALIFY BY

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 165
EKELEMU - DIRECT / NUGENT
1

WHOLE PERIOD.

2

BY MS. NUGENT:

3

Q.

4

FATHER DYING --

5

A.

YES.

6

Q.

-- AS ONE OF THEM?

7

SO I THOUGHT SHE WAS CAPABLE OF DOING THE JOB.

WHEN YOU TALK ABOUT A SETBACK, ARE YOU REFERRING TO HER

DID YOU EVER COME IN ON A DAY OFF THAT YOU HAD TO HELP

8

MS. NEWTON TRY TO CATCH UP?

9

A.

DID I WHAT?

10

Q.

DID YOU EVER COME IN ON A DAY OFF THAT YOU HAD TO TRY AND

11

HELP MS. NEWTON CATCH UP?

12

A.

NO, I DON'T REMEMBER THAT HAPPENING.

13

Q.

DO YOU REMEMBER TRYING TO HELP HER THOUGH --

14

A.

YES.

15

Q.

-- TO TRY AND CATCH UP?

16

OKAY.

NO.

AS PART OF YOUR TRAINING, YOU'VE ALREADY MENTIONED

17

YOU HAVE TO PASS SOME TESTS, RIGHT?

18

A.

RIGHT.

19

Q.

IS THERE SOMETHING CALLED A QUALIFICATION CHECKLIST?

20

A.

YES.

21

Q.

IF YOU WILL TURN IN YOUR BINDER TO THE OTHER EXHIBIT

22

THAT'S IN THERE, IT'S NO. 137.

23

A.

24
25

OKAY.
THE COURT:

BY THE WAY, IT WAS MY MISTAKE THAT I

THOUGHT WE WERE ENDING AT 1:00 INSTEAD OF 1:30.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 166
EKELEMU - DIRECT / NUGENT
1
2

MS. NUGENT:
HONOR?

3
4

WE ARE ENDING AT 1:30, RIGHT, YOUR

THE COURT:

YES.

I AM SORRY.

MY MISTAKE.

MY DAY

STARTED VERY EARLY TODAY.

5

GO AHEAD.

6

BY MS. NUGENT:

7

Q.

8

AT THE BOTTOM.

9

STARTS WITH 5721 AND IT GOES UNTIL 5724.

EXHIBIT 137, I WANT TO CALL YOUR ATTENTION TO THE NUMBERS
AND THERE'S A NUMBER AT THE BOTTOM RIGHT THAT

10

A.

57?

11

Q.

5721 IS THE FIRST PAGE THAT I WOULD LIKE YOU TO LOOK AT.

12

A.

I SEE 5682.

13
14

THE COURT:

IT'S NOT CHRONOLOGICAL.

KEEP GOING

TOWARDS THE BACK.

15

THE WITNESS:

5721.

16

BY MS. NUGENT:

17

Q.

IF YOU WILL LOOK AT THAT PAGE THROUGH 5724?

18

A.

OKAY.

19

Q.

DO YOU RECOGNIZE THAT DOCUMENT?

20

A.

YES.

21

CALL IT.

22

Q.

IS THAT YOUR PARALLEL TRAINING CHECKLIST?

23

A.

IT DOESN'T HAVE MY NAME ON IT, BUT I RECOGNIZE MY WRITING

24

AND DATES.

25

Q.

THIS IS THE PARALLEL TRAINING CHECKLIST IS WHAT WE

IT'S MY WRITING.

YOU SAID YOU RECOGNIZE THE WRITING OF THE DATES ON THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 167
EKELEMU - DIRECT / NUGENT
1

TOP?

2

A.

YES.

3

Q.

SO, FOR EXAMPLE, ON PAGE 5722?

4

A.

YES.

5

Q.

AT THE TOP THERE'S NUMBERS 04/25/16.

6

A.

YES.

7

Q.

DO YOU HAVE ANY REASON TO BELIEVE THIS IS NOT YOUR

8

PARALLEL TRAINING CHECKLIST?

9

THAT'S YOUR WRITING?

I'LL WITHDRAW THAT QUESTION.

10

THIS IS YOURS, RIGHT?

11

A.

12

BEFORE THE FOUR.

13

DIGITS, 04.

14

Q.

15

INITIALS, DO YOU SEE THAT?

16

A.

YES.

17

Q.

BEFORE WE DO THAT, WHAT IS A PARALLEL TRAINING CHECKLIST?

18

A.

SO THIS IS SUPPOSED TO BE AFTER -- I THINK WE DID THIS

19

BEFORE -- AFTER WE DO THE WALK THROUGH.

20
21
22

I BELIEVE IT IS.

THERE'S NOT MANY PEOPLE PUT A ZERO

SINGLE DATES, I WRITE THEM WITH DOUBLE

IF YOU WILL LOOK ON THE RIGHT-HAND COLUMN UNDER TRAINER'S

THIS IS WHAT YOU ARE SUPPOSED TO DO BEFORE YOU ACTUALLY
CAN OPERATE BY YOURSELF.
SO AT THIS POINT YOU HAVE SOMEONE ASSISTING YOU, AND THEY

23

SHOW YOU HOW TO DO THESE TASKS.

24

SIGN OFF THAT YOU'VE LEARNED IT, SHOWN YOU HOW TO DO IT AND

25

YOU'VE SHOWN COMPETENCE DOING IT, AND THEY SIGN OFF ON IT.

ONCE YOU'VE DONE IT, THEY CAN

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 168
EKELEMU - DIRECT / NUGENT
1

Q.

THAT'S THE SAME AS BEING QUALIFIED, RIGHT, AS AN OPERATOR?

2

A.

THIS IS PART OF WHAT YOU HAVE TO DO TO GET QUALIFIED, YES.

3
4

MS. NUGENT:

YOUR HONOR, I WOULD LIKE TO OFFER 137

INTO EVIDENCE.

5

THE COURT:

6

MS. NUGENT:

THAT'S RIGHT.

7

THE COURT:

ANY OBJECTION?

8

MR. LAFAYETTE:

9

THE COURT:

10

NO, YOUR HONOR.

IT'S ADMITTED.

(PLAINTIFF'S EXHIBIT 137A RECEIVED IN EVIDENCE)

11
12

ONLY PAGES 5721 THROUGH 24?

IT WILL BE DESIGNATED 137A.

WE WILL DEAL WITH THAT

SEPARATELY.

13

GO AHEAD.

14

MS. NUGENT:

SO LET'S PUBLISH IT AND TAKE A LOOK AT

15

UNDER TRAINERS INITIALS RIGHT-HAND COLUMN.

16

(DISPLAYED ON SCREEN.)

17

BY MS. NUGENT:

18

Q.

19

WE ARE ON PAGE 2 NOW.
SO WHILE MR. ETTINGHOFF GETS THERE FOR 5722, I WANT YOU TO

20

LOOK AT THE FIRST BOX UNDER UNIT SPECIFIC TASKS.

21

SOME INITIALS NEXT TO IT.

22

THERE ARE

(DISPLAYED ON SCREEN.)

23

DO YOU RECOGNIZE THOSE INITIALS?

24

A.

YES, FOR THE MOST PART.

25

Q.

HOW ABOUT CS?

JG WOULD BE JASON GONZALEZ.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 169
EKELEMU - DIRECT / NUGENT
1

A.

CS IS CHRIS SALAS.

2

THE COURT:

3

THE WITNESS:

CS IS WHO?
CHRIS SALAS.

4

BY MS. NUGENT:

5

Q.

CHRIS?

6

A.

YES.

7

Q.

AND MR. SALAS SIGNED OFF ON SEVERAL OF THE TASKS IN YOUR

8

PARALLEL TRAINING CHECKLIST; IS THAT RIGHT?

9

A.

YES.

10

Q.

IF YOU LOOK AT THE NEXT BOX DOWN THERE ARE ALSO HIS

11

INITIALS THERE UNDER SHOW HOW TO ENTER SAMPLE RESULTS IN LIMS?

12

AND THEN SALAS, S-A-L-A-S?

DO YOU SEE THAT?

13

A.

YEAH.

14

Q.

OKAY.

15

AND ON THE NEXT PAGE HE SIGNED OFF ON APRIL 27, 2016 ON

16

THREE DIFFERENT AREAS THAT YOU NEEDED TO QUALIFY ON; IS THAT

17

RIGHT?

18

A.

YES.

19

Q.

AND, AGAIN, ON THE NEXT DAY HIS INITIALS ARE THERE TWICE

20

ON APRIL 28TH; IS THAT RIGHT?

21

A.

YES.

22

Q.

AND THEN AGAIN ON APRIL 30TH, CHRIS SALAS'S INITIALS

23

APPEAR, CORRECT?

24

A.

CORRECT.

25

Q.

FROM YOUR EXPERIENCE --

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 170
EKELEMU - DIRECT / NUGENT
1

MS. NUGENT:

YOU CAN TAKE THAT DOWN.

2

BY MS. NUGENT:

3

Q.

4

COMPANIES AND SPECIFICALLY SHELL REFINERY, DO YOU HAVE AN

5

OPINION ON WHETHER IT'S A WELCOMING ATMOSPHERE FOR WOMEN?

6
7

MR. LAFAYETTE:

10

OBJECTION, IMPROPER OPINION, LACKING

FOUNDATION.

8
9

FROM YOUR EXPERIENCE WORKING AT THE THREE DIFFERENT OIL

THE COURT:

SUSTAINED.

BY MS. NUGENT:
Q.

HOW ABOUT AT OPCEN SINCE YOU'VE BEEN THERE?

11

MR. LAFAYETTE:

12

THE COURT:

13

THE WITNESS:

SAME OBJECTION.

OVERRULED.
THE QUESTION IS DO I THINK IT'S A

14

WELCOMING ENVIRONMENT FOR WOMEN.

15

BY MS. NUGENT:

16

Q.

IN OPCEN.

17

A.

SO WE'VE HAD WOMEN -- WHEN I FIRST JOINED, WHEN I JOINED

18

OPCEN, THERE WERE WOMEN THAT WORKED IN OPCEN THAT'S BEEN THERE

19

FOR DECADES.

20

Q.

CAN YOU REPEAT THE LAST PART OF YOUR ANSWER?

21

A.

IT IS A HARD QUESTION FOR ME TO ANSWER.

22

Q.

WELL, BASED ON YOUR PERCEPTION AND WHAT YOU SAW THERE.

SO THAT'S A HARD QUESTION TO ANSWER, I THINK.

23

MR. LAFAYETTE:

24

THE COURT:

25

THE WITNESS:

OBJECTION, LACKING IN FOUNDATION.

OVERRULED.
YES, SO I'LL SAY SPECIFIC TO OPCEN AT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 171
EKELEMU - DIRECT / NUGENT
1

SHELL, I THINK THE INDUSTRY IS VERY MALE DOMINATED.

2

MALE-DOMINATED INDUSTRY.

3

DIVERSITY BY BRINGING IN, YOU KNOW, MANY RACES AND WOMEN.

4

THIS IS JUST MY OPINION.

5

HAVE TO WANT TO BRING IN DIVERSITY MEN AND WOMEN, OFTENTIMES

6

IT SEEMS THEY DON'T PREPARE THE PEOPLE WORKING IN THE FIELD

7

FOR THAT CHANGE.

8

GOING TO GET VERY GOOD RESULTS IF THAT HAPPENS.

9

Q.

10

IT'S A

AND THE INDUSTRY TRIES TO HAVE SOME
AND

I THINK IT'S A GOOD INITIATIVE TO

AND I FEEL THAT MAYBE THAT'S -- YOU ARE NOT

I HAVE ONE LAST QUESTION.
DO YOU EVER REMEMBER A SITUATION WHERE SOMETHING HAPPENED

11

IN THE FIELD, AND YOU AND MR. NAVARRO AND MR. NEUMAN WENT TO

12

GO LOOK AT WHAT WAS HAPPENING IN THE FIELD AND MS. NEWTON

13

STAYED BACK IN THE CONFERENCE ROOM?

14

DO YOU REMEMBER A SITUATION LIKE THAT?

15

A.

YES.

16

Q.

TELL US ABOUT THAT.

17

A.

SO THIS WASN'T PART OF OUR TRAINING, IT WASN'T CONSIDERED

18

PART OF OUR TRAINING.

19

ONE OF THE UNITS, AND PART OF THE UPSET LED TO RELEASE OF

20

STEAM, REALLY HIGH PRESSURE, IT WAS VERY LOUD, VERY NOISY,

21

VERY SCARY IF YOU DON'T KNOW WHAT'S GOING ON.

22

IT WAS -- I THINK THERE WAS AN UPSET IN

AND SOME OF US WENT OUT THERE TO SEE WHAT WAS GOING ON

23

JUST TO SEE WHAT'S GOING ON AND HELP OUT IF WE CAN.

24

MAYBE SHE DIDN'T.

25

BECAUSE --

I THINK

I PERSONALLY WOULDN'T FAULT HER FOR THAT

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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EKELEMU - CROSS / LAFAYETTE
1
2

MR. LAFAYETTE:

OBJECTION, YOUR HONOR, IMPROPER

OPINION.

3

THE COURT:

4

THE WITNESS:

OVERRULED.
I WAS THINKING THAT WASN'T PART OF --

5

GOING OUT THERE WASN'T PART OF OUR TRAINING.

6

NOT QUALIFIED ON THE UNIT YET, WE REALLY SHOULDN'T BE OUT

7

THERE, BUT....

8

BY MS. NUGENT:

9

Q.

OKAY.

10

A.

JUST MY OPINION.

11
12

MS. NUGENT:

THANK YOU, MR. EKELEMU.

AND SINCE WE ARE

NOTHING

FURTHER.
ALL RIGHT.

13

THE COURT:

14

MR. LAFAYETTE:

15

CROSS?

YES, YOUR HONOR.

CROSS-EXAMINATION

16

BY MR. LAFAYETTE:

17

Q.

HELLO.

18

A.

HI.

19

Q.

WERE YOU TARDY WHEN YOU WERE WORKING WITH JEFF FISCHER?

20

A.

I WOULD SAY NO.

21

Q.

ASIDE FROM MS. NEWTON, DID YOU OBSERVE ANYBODY ELSE IN

22

YOUR CREW BEING TARDY WHEN YOU WERE WORKING WITH JEFF FISCHER?

23

A.

NO.

24

Q.

NOW, DID YOU EVER SEE JEFF FISCHER DO ANYTHING WHICH MADE

25

YOU THINK HE HAD A BIAS AGAINST WOMEN?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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EKELEMU - CROSS / LAFAYETTE
1

A.

I'LL HAVE TO SAY NO TO THAT.

2

Q.

DID YOU EVER HEAR JEFF FISCHER MAKE ANY COMMENTS THAT YOU

3

THOUGHT WERE DISPARAGING OF WOMEN?

4

A.

NOT THAT I CAN RECALL, NO.

5

Q.

YOU INDICATED THAT THERE WAS A POINT IN TIME IN WHICH

6

MS. NEWTON HAD LEFT BECAUSE SHE HAD A FAMILY TRAGEDY.

7

REMEMBER THAT?

8

A.

YES.

9

Q.

WHEN SHE RETURNED, DID JEFF FISCHER MAKE ANY COMMENTS

10

ABOUT WHAT THE REST OF YOU SHOULD DO, IF ANYTHING, TO ASSIST

11

HER?

12

A.

I CAN'T REMEMBER IF HE SAID ANYTHING SPECIFICALLY, NO.

13

Q.

SO THERE'S A POINT IN TIME IN WHICH HE SEPARATED PATRICK

14

NEUMAN AND MS. NEWTON FROM THE OTHER TWO OF YOU?

15

A.

16

THOUGHT THEY NEEDED MORE HELP.

17

IF HE -- JUST TO KEEP THINGS GOING, WE SHOULD ALLOW HIM TO

18

SPEND MORE TIME WITH THEM AND WE SHOULD GO ON WITH THE

19

TRAINING OURSELVES.

20

Q.

DID HE SPEND MORE TIME WITH MS. NEWTON AND MR. NEUMAN?

21

A.

I BELIEVE HE DID, YES.

22

Q.

SO FROM YOUR OBSERVATIONS OF MR. FISCHER, DID HE TREAT

23

PATRICK NEUMAN AND MS. NEUMAN -- BUTCHERED THAT.

24
25

YES.

SO IT WAS AN AGREEMENT HE MADE WITH US BECAUSE HE
AND JOSE AND I WERE AHEAD, SO

DID HE TREAT PATRICK NEUMAN AND MS. NEWTON THE SAME?
A.

YES, AS FAR AS I CAN REMEMBER.

YES.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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EKELEMU - CROSS / LAFAYETTE
1

Q.

2

MS. NEWTON?

3

A.

NOT ANYTHING SPECIFIC I CAN RECALL.

4

Q.

DID HE EVER SAY ANYTHING TO YOU THAT MADE YOU THINK HE

5

DIDN'T THINK WOMEN SHOULD BE IN THE REFINERY?

6

A.

NOTHING SPECIFICALLY.

7

Q.

AS A TRAINER, DID YOU FIND HIM LAID BACK?

8

A.

LAID BACK AS IN?

9

Q.

CASUAL.

10

A.

YEAH, I THOUGHT HE WAS TO SOME EXTENT.

11

ALWAYS -- WE DIDN'T SPEND A HUNDRED PERCENT OF THE TIME

12

TRAINING.

13

LUNCH MOSTLY.

14

Q.

WAS EVERYBODY INVOLVED IN THESE CASUAL CONVERSATIONS?

15

A.

SOMETIMES, YEAH.

16

Q.

DO YOU KNOW WHAT AN SME IS?

17

A.

YES.

18

Q.

OKAY.

19

A.

SUBJECT MATTER EXPERT.

20

Q.

SUBJECT MATTER EXPERT?

21

A.

YES.

22

Q.

SO WHEN YOU FINISHED DOING YOUR PARALLEL TRAINING, WAS IT

23

YOUR UNDERSTANDING THAT YOU HAD TO HAVE AN SME SIGN YOUR

24

PARALLEL TRAINING CHECKLIST?

25

A.

DID HE EVER DO ANYTHING THAT MADE YOU THINK HE DIDN'T LIKE

I CAN'T REMEMBER.

WE DIDN'T

WE CHATTED AND TALKED ABOUT DIFFERENT THINGS AT

TELL US WHAT THAT IS?

YES.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

Q.

IS A SME SOMEONE WHO'S DIFFERENT THAN JUST AN OPERATOR?

2

A.

WELL, IT COULDN'T JUST BE ANY OPERATOR.

3

SOMEONE THAT HAS SOME EXPERIENCE DOING THE JOB THEY'RE

4

TRAINING YOU ON.

5

Q.

6

SOMEONE AS A SUBJECT MATTER EXPERT?

7

A.

I HAVE NO IDEA.

8

Q.

AT THE TIME THAT YOU TOOK YOUR PARALLEL TRAINING SHEET TO

9

MR. SALAS, DID YOU KNOW IF HE WAS A SME?

IT HAS TO BE

AND DO YOU KNOW WHO IT IS IN THE REFINERY THAT DESIGNATES

10

A.

YES, BECAUSE MY STL WAS AWARE THAT SALAS WAS DOING THIS.

11

Q.

WHO WAS YOUR STL?

12

A.

IAN CHAMBERLAIN.

13

Q.

IAN CHAMBERLAIN?

14

A.

YES.

15

Q.

SO YOU HAD IAN CHAMBERLAIN AS YOUR SHIFT TEAM LEADER?

16

A.

YES.

17

Q.

WHEN DID HE START BECOMING YOUR SHIFT TEAM LEADER?

18

A.

WHEN DID HE START?

19

Q.

YES.

20

A.

FROM THE START AFTER I LEFT THE TRAINING WITH JEFF.

21

Q.

YES.

22

A.

I GOT ON SHIFT WITH TEAM 2, AND IAN WAS TEAM 2'S STL.

23

Q.

SO DID YOU GO ON SHIFT BEFORE CIARA NEWTON AND PATRICK

24

NEUMAN?

25

A.

I DON'T REMEMBER.

I THINK MAYBE ABOUT A WEEK OR TWO OF

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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1

THAT BEFORE THEY JOINED, BUT I KNOW THERE WAS FOUR OF US.

2

ALL FOUR OF US WERE SUPPOSED TO ROTATE ON THE SAME UNIT WHILE

3

THE TURNAROUND WAS GOING ON IN OTHER UNITS.

4

Q.

5

SHIFT IN LIKE APRIL, EARLY MAY?

6

A.

SOMETIME AROUND THAT PERIOD, YES.

7

Q.

FROM THAT POINT ON, DID YOU EVER WORK ON SHIFT WITH

8

MS. NEWTON?

9

A.

NO.

10

Q.

DID YOU EVER WORK WITH HER AGAIN AFTER YOU LEFT THE

11

TRAINING COURSE?

12

A.

13

WORKING THE SAME SHIFT.

14

Q.

15

WELL SHE PERFORMED WHEN SHE WENT ON SHIFT AFTER SHE LEFT THE

16

TRAINING COURSE?

17

A.

NOT DIRECTLY, NO.

18

Q.

DO YOU KNOW ANYTHING ABOUT WHAT MAY HAVE HAPPENED TO HER

19

AFTER SHE WENT TO THE TRAINING COURSE AND SHE WENT ON SHIFT?

20

A.

NOT DIRECTLY.

21

Q.

SO MAY, JUNE, JULY, AUGUST, SEPTEMBER, DID YOU WORK WITH

22

HER AT ALL?

23

A.

I -- NO.

24

Q.

AND FOR MAY, JUNE, JULY, AUGUST, SEPTEMBER, DID YOU EVER

25

SEE HER WORKING, ACTUALLY DOING HER JOB?

AND

SO NOW AFTER YOU WENT ON SHIFT, DO YOU THINK YOU WENT ON

SHE WAS ON A DIFFERENT TEAM, SO I DON'T REMEMBER US

DO YOU HAVE ANY KNOWLEDGE WHATSOEVER OF HOW WELL OR NOT

IT WAS ALL JUST THINGS I HEARD.

I DON'T THINK WE WORKED ON THE SAME SHIFT.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

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EKELEMU - CROSS / LAFAYETTE
1

A.

NO.

2

Q.

FOR THOSE SAME MONTHS, DID YOU EVER COME TO HAVE AN

3

UNDERSTANDING AS TO WHETHER OR NOT HER STL'S HAD CONCERNS

4

ABOUT HER PERFORMANCE?

5

A.

6

HEARD.

7

Q.

STUFF THAT YOU HEARD?

8

A.

YEAH.

9

Q.

DID THERE COME A POINT IN TIME WHEN MS. NEWTON TRIED TO DO

WELL, THEY DIDN'T TELL ME DIRECTLY.

IT WAS JUST STUFF I

10

A SHIFT SWAP WITH YOU?

11

A.

YES.

12

Q.

WHEN SHE DID THAT, DID YOU SAY OKAY?

13

A.

I THINK ULTIMATELY I TOLD HER I COULDN'T DO IT BECAUSE I

14

HAD SOME CONFLICTS.

15

Q.

SO YOU NEVER DID A SHIFT SWAP WITH HER, RIGHT?

16

A.

NO.

17

Q.

SO YOU SAID SOMETHING ABOUT WHEN YOU GUYS WENT TO

18

TRAINING; ORIGINALLY IT WASN'T JEFF FISCHER, RIGHT?

19

A.

NO.

20

Q.

FOR HOW MANY DAYS WAS IT THAT MR. GREEN WAS YOUR TRAINER?

21

A.

I DON'T REMEMBER EXACTLY.

22

FOUR DAYS, MAYBE A WEEK.

23

JEFF UNTIL JEFF CAME BACK.

24

VACATION OR NOT AT THE PLANT.

25

Q.

IT MIGHT HAVE BEEN THREE TO

I KNOW HE WAS JUST FILLING IN FOR
I'M NOT SURE IF JEFF WAS ON
I DON'T KNOW.

THANK YOU.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 178
EKELEMU - CROSS / LAFAYETTE
1

BETWEEN THE TIME THAT JEFF -- BETWEEN MR. GREEN AND

2

MR. FISCHER, DID THEY HAVE THE SAME SCHEDULE TIME FOR YOU TO

3

REPORT?

4

A.

NO.

5

Q.

IT WAS DIFFERENT?

6

A.

YES.

7

Q.

HOW MANY DAYS WAS IT AFTER JEFF FISCHER SHOWED UP THAT YOU

8

BELIEVE THAT YOU BECAME CLEAR ABOUT THE TIME THAT YOU WERE

9

SUPPOSED TO REPORT TO WORK WITH MR. FISCHER?

10

A.

11

CAME TO WORK.

12

WE HAVE A NUMBER OF CHANGES TO THE RESUMPTION -- TIME WE
THAT CHANGED QUITE A BIT.

WE STARTED OUT 7:00 TO 3:00, AND THEN JEFF CAME AND I

13

THINK IT WAS 6:00 OR 6:30, BUT THEN IT WAS FLEXIBLE.

14

HE -- I THINK HE SAID -- WE HAVE USUALLY OPCEN AT THE START OF

15

SHIFT, MIDNIGHT TO 7:00.

16

WANTED US TO BE PART OF THAT SHIFT THAT STARTS AT 7:00.

17

TO DO THAT, YOU HAVE TO COME IN EARLIER THAN 7:00.

18

Q.

19

GUYS START, AND 6:15 YOU'RE LATE?

20

A.

SO GENERALLY -- I DON'T REMEMBER HIM SAYING THAT.

21

Q.

OKAY.

22

A.

BUT FOR THE SHIFT WORKERS IN OPCEN, I THINK IT IS

23

GENERALLY 6:05 OR SO OR LATER YOU'RE LATE I THINK IS WHAT THE

24

RULE IS.

25

Q.

AND I THINK JEFF SAID ERIC PEREZ

YOU HAVE TO COME IN EARLIER.

OKAY.

BUT THEN

AND

DID HE SAY 6:00 O'CLOCK YOU

BUT YOU WERE NEVER LATE, RIGHT?

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 179

1

A.

NOT THAT I REMEMBER, NO.

2

Q.

AND DID YOU EVER SEE MR. FISCHER TREAT CIARA DIFFERENTLY

3

BECAUSE SHE WAS A WOMAN?

4

A.

I CAN'T SAY I DID, NO.

5

MR. LAFAYETTE:

6

THE COURT:

7

MS. NUGENT:

8

THE COURT:

9

RE-EXAMINATION LIMITED TO THE CROSS?
NOTHING FURTHER.
ALL RIGHT, SIR, YOU MAY STEP DOWN.

MS. NUGENT:

11

THE COURT:

YOU CAN LEAVE IT THERE.
ALL RIGHT.

WE HAVE SEVEN MINUTES.

MS. NUGENT:

14

THE COURT:

15

MS. NUGENT:

16

THE COURT:

17

MS. NUGENT:

18

CHRISTINE LAYNE TO THE STAND.

19

THE COURT:

20

MS. NUGENT:

YES.

MIGHT AS WELL.

IS SHE GOING TO CONTINUE TOMORROW?
YES, SHE IS.
ALL RIGHT.
START NOW.

LET'S GO.
THE PLAINTIFF CALLS

AT LEAST GET THE PRELIMINARIES IN.
YOU KNOW, ACTUALLY, WE WERE PLANNING TO

21

HAVE ANOTHER WITNESS BEFORE HER IN THE MORNING AND THEN

22

PUTTING HER ON.

24
25

DO

YOU WANT TO GET STARTED?

13

23

THANK

YOU.

10

12

NO FURTHER QUESTIONS, YOUR HONOR.

SO MAYBE WE SHOULD JUST DO THAT.

IF YOU WANT TO DOCK US FOR THE SEVEN MINUTES, YOU CAN.
THE COURT:

OKAY.

ALL RIGHT, LADIES AND GENTLEMEN,

WE ARE GOING TO THEN STOP FOR THE DAY.

SO HERE'S MY LONG

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 180

1

INSTRUCTION TO YOU.

2

NOW THAT YOU ARE JURORS AND YOU'VE NOW FINALLY HEARD SOME

3

EVIDENCE, RIGHT, IT IS IMPORTANT TO KEEP AN OPEN MIND

4

THROUGHOUT THE TRIAL.

5

SHOULD BE UNTIL YOU AND YOUR JURORS FELLOW JURORS HAVE

6

COMPLETED YOUR DELIBERATIONS AT THE END OF THE CASE.

7

AND DO NOT DECIDE WHAT THE VERDICT

BECAUSE YOU MUST DECIDE THIS CASE BASED ONLY ON THE

8

EVIDENCE RECEIVED IN THE CASE AND ON MY INSTRUCTIONS AS TO THE

9

LAW THAT APPLIES, YOU MUST NOT BE EXPOSED TO ANY OTHER

10

INFORMATION ABOUT THE CASE OR TO THE ISSUES IT INVOLVES DURING

11

THE COURSE OF YOUR JURY DUTY.

12

OR UNLESS I TELL YOU OTHERWISE, DO NOT COMMUNICATE WITH ANYONE

13

IN ANY WAY AND DO NOT LET ANYONE ELSE COMMUNICATE WITH YOU IN

14

ANY WAY ABOUT THE MERITS OF THE CASE OR ANYTHING TO DO WITH

15

IT.

THUS, UNTIL THE END OF THE CASE

16

THIS INCLUDES DISCUSSING THE CASE IN PERSON, IN WRITING,

17

BY PHONE, ELECTRONIC MEANS, VIA EMAIL TEXT MESSAGING, OR ANY

18

INTERNET CHAT ROOM, BLOG, WEBSITE, OR APPLICATION, INCLUDING

19

BUT NOT BE LIMITED TO FACEBOOK, YOUTUBE, TWITTER, INSTAGRAM,

20

LINKEDIN, SNAP CHAT, OR ANY OTHER FORMS OF SOCIAL MEDIA.

21

APPLIES TO COMMUNICATING WITH YOUR FELLOW JURORS UNTIL I GIVE

22

YOU THE CASE FOR YOUR DELIBERATION.

23

COMMUNICATING WITH EVERYONE ELSE INCLUDING YOUR FAMILY

24

MEMBERS, THE EMPLOYER, THE PRESS, THE MEDIA, THE PEOPLE

25

INVOLVED IN THIS TRIAL, ALTHOUGH AS I'VE MENTIONED BEFORE, YOU

THIS

AND IT APPLIES TO

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 181

1

CAN TELL YOUR FAMILY AND EMPLOYER THAT YOU HAVE BEEN SEATED AS

2

A JUROR.

3

IF YOU ARE APPROACHED IN ANY WAY OR ASKED ABOUT YOUR JURY

4

SERVICE OR ANYTHING TO DO WITH THIS CASE, YOU MUST RESPOND

5

THAT YOU HAVE BEEN ORDERED NOT TO DISCUSS THE CASE AND REPORT

6

THE CONTACT TO THE COURT.

7

BECAUSE YOU WILL RECEIVE ALL THE EVIDENCE AND LEGAL

8

INSTRUCTION BEFORE YOU MAY PROPERLY CONSIDER TO RETURN A

9

VERDICT, DO NOT READ, WATCH, OR LISTEN TO ANY NEWS OR MEDIA

10

ACCOUNTS OR COMMENTARY ABOUT THE CASE OR ANYTHING TO DO WITH

11

IT.

12

REPORTS IN THIS MATTER -- DO I HAVE ANY PRESS IN THIS

13

AUDIENCE?

14

HAPPEN TO SEE SOMETHING, JUST TURN AWAY FROM IT.

ALTHOUGH I HAVE NO INFORMATION THAT THERE WILL BE NEWS

OH, WELL, THEN MAYBE THERE WILL BE.

SO IF YOU

15

DO NOT DO ANY RESEARCH SUCH AS CONSULTING DICTIONARIES,

16

SEARCHING THE INTERNET, OR USING OTHER REFERENCE MATERIALS.

17

DO NOT MAKE ANY INVESTIGATION OR ANY WAY TRY TO LEARN ABOUT

18

THE CASE ON YOUR OWN.

19

DISCUSSED IN THE CASE.

20

DEVICES TO SEARCH FOR OR VIEW ANY PLACES INVOLVED IN THE

21

TRIAL.

22

DO NOT VISIT OR VIEW ANY PLACE
DO NOT USE INTERNET PROGRAMS OR ANY

WE'VE TALKED ABOUT THE REFINERY.

DON'T GO LOOKING IT UP

23

ON THE INTERNET.

24

RESEARCHING WHAT A PROCESS OPERATOR IS.

25

DON'T GO LOOKING AT PICTURES.

DON'T GO

NONE OF THAT.

OKAY?

DO NOT DO ANY RESEARCH ABOUT THE CASE, THE LAW, OR THE

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 182

1

PEOPLE INVOLVED, INCLUDING THE PARTIES, THE WITNESSES, OR THE

2

LAWYERS UNTIL YOU'VE BEEN EXCUSED AS JURORS.

3

THESE RULES ARE HERE TO PROTECT EACH PARTIES' RIGHT TO

4

HAVE THE CASE DECIDED ONLY ON THE EVIDENCE THAT HAS BEEN

5

PRESENTED HERE IN COURT.

6

TRUTH.

7

TRIAL PROCESS.

WITNESSES TAKE AN OATH TO TELL THE

THE ACCURACY OF THEIR TESTIMONY IS TESTED THROUGH THE

8

IF YOU DO RESEARCH OR INVESTIGATION OUTSIDE THE COURTROOM

9

OR GAIN ANY INFORMATION THROUGH IMPROPER COMMUNICATIONS, THEN

10

YOUR VERDICT COULD BE INFLUENCED BY INACCURATE, INCOMPLETE, OR

11

MISLEADING INFORMATION THAT WAS NOT TESTED BY THE TRIAL

12

PROCESS.

13

EACH OF THE PARTIES IS ENTITLED TO A FAIR TRIAL AND BY AN

14

IMPARTIAL JURY.

15

INFORMATION NOT PRESENTED IN THE COURT, YOU WILL HAVE DENIED

16

THE PARTIES A FAIR TRIAL.

17

FOLLOW THESE RULES AND IT IS VERY IMPORTANT THAT YOU DO SO.

18

A JUROR WHO VIOLATES THESE RESTRICTIONS JEOPARDIZES THE

AND IF YOU DECIDE THE CASE BASED ON

REMEMBER YOU'VE TAKEN AN OATH TO

19

FAIRNESS OF THESE PROCEEDINGS.

20

SOMETIMES IT HAPPENS ACCIDENTALLY, JUST NOTIFY ME SO WE CAN

21

TALK ABOUT IT.

22

SO IF YOU ARE EXPOSED, AND

OKAY?

SO ENJOY YOUR EVENING.

SOME OF YOU MAY HAVE WORK TO DO.

23

SOME OF YOU MAY HAVE HOLIDAY SHOPPING TO DO.

24

THAT STUFF AND ENJOY -- AND ENJOY THE EVENING.

25

GO OFF AND DO

ONE OTHER QUICK REMINDER OR ONE PIECE OF ADVICE.

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

IT IS

 183

1

HARD WORK BEING A JUROR.

2

CONSCIENTIOUSLY.

3

LITTLE CRANKY, IT'S BECAUSE YOU'RE TIRED.

4

SOME SLACK, DON'T TAKE IT OUT ON ANYONE, JUST RECOGNIZE IT'S

5

BECAUSE YOU'VE BEEN WORKING REALLY HARD.

6

SO IF YOU GET HOME AND YOU FIND YOURSELF A

ENJOY YOUR EVENING.

7

JUROR:

8

THE COURT:

9

YOU WERE LISTENING INTENTLY AND

SO CUT YOUR FAMILY

ALL RIGHT?

WE'LL SEE YOU TOMORROW.

LEAVE THE BINDERS ON THE CHAIR?
TAKE THEM AND LEAVE THEM IN THE JURY

ROOM.

10

SEE YOU TOMORROW.

11

(PROCEEDINGS HELD OUTSIDE THE PRESENCE OF THE JURY.)

12
13
14

THE COURT:

START RIGHT AT 8:30.

OKAY.

THANK YOU.

THE RECORD WILL REFLECT THAT THE

JURY IS GONE.
I'LL TAKE THAT TIME.

I SHORTENED THE INSTRUCTIONS THIS

15

MORNING BECAUSE I WANTED TO GET TO THE EVIDENCE.

16

ARE ON TIME.

17

SO NOW WE

1:30 EXACTLY.

ANYTHING THAT ANYONE WANTS TO DISCUSS?

18

MS. NUGENT:

19

MR. LAFAYETTE:

20

THE COURT:

ALL RIGHT.

21

8:00 A.M. TOMORROW.

THANK YOU.

NOT FOR THE PLAINTIFF.

22

MS. NUGENT:

23

MR. LAFAYETTE:

NO, YOUR HONOR.
WE WILL STAND IN RECESS UNTIL

THANK YOU, YOUR HONOR.
THANK YOU.

24
25

(PROCEEDINGS ADJOURNED AT 1:30 P.M.)

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC

 1
2
3
4

CERTIFICATE OF REPORTER
I, DIANE E. SKILLMAN, OFFICIAL REPORTER FOR THE

5

UNITED STATES COURT, NORTHERN DISTRICT OF CALIFORNIA, HEREBY

6

CERTIFY THAT THE FOREGOING IS A CORRECT TRANSCRIPT FROM THE

7

RECORD OF PROCEEDINGS IN THE ABOVE-ENTITLED MATTER.

8
9

_____________________________

10

DIANE E. SKILLMAN, CSR 4909, RPR, FCRR

11

MONDAY, DECEMBER 10, 2018

12
13
14
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16
17
18
19
20
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25

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC