Case Document 85-7 Filed 07/31/18 Page 1 of 108 Exhibit 7 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 2 of 108 Eric Perez Volume I March 08, 2018 THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION • ClARA NEWTON, ) ) Plaintiff, ) ) vs. EQUILON ENTERPRISES, LLC DBA SHELL OIL PRODUCTS, ) ) ) • ) No. 4:17-cv-03961-YGR ) Defendant. ) ) ) ) VOLUME I VIDEOTAPED DEPOSITION OF ERIC PEREZ (Pages 1 - 2 6 0 ) Held at the Offices of U.S. Legal Support 44 Montgomery, San Francisco, California Thursday, March 8, 2018, 9:45 a.m. REPORTED BY: ELAINA BULDA-JONES, CSR #11720 U.S. LEGAL SUPPORT I www.uslegalsupport.com Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 3 of 108 Eric Perez Volume I March 08, 2018 1 Q. 2 application? 3 A. No. 4 Q. Do you recall discussing Ciara at the 5 Do you recall reviewing Ciara•s alignment meeting? 6 A. No. 7 Q. Okay. Do you -- do you recall -- do you 8 know how many of the applications that were received 9 for that hire class were from women? 10 A. No. 11 Q. Do you have a -- an estimate as to what 12 percentage of those applications were from women? MR. LAFAYETTE: 13 14 foundation. 16 Lacking in Requires this witness to speculate. THE WITNESS: 15 Objection. No. BY MS. SMALLETS: Q. 17 Okay. At some point in time Ciara told 18 you that she'd found a sticker on her desk that 19 said, 20 correct? "If your pussy hurts, just stay home," 21 A. Yes. 22 Q. Where were you when you had this 23 conversation with her? 24 A. The shift team leader office. 25 Q. Where•s your office? U.S. LEGAL SUPPORT I www.uslegalsupport.com 40 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 4 of 108 Eric Perez Volume I March 08, 2018 1 A. 2 center . 3 Q. 4 At that time, in the clean fuels control Is that in the same building or a different building? 5 A. Different. 6 Q. Did you approach Ciara or did Ciara 7 approach you to talk about the sticker? 8 9 A. told me. 10 Q. I didn't know about the sticker until she So she must have approached me. Okay. And you -- she told you that she 11 didn't notice it on her desk when she arrived that 12 morning? MR. LAFAYETTE: 13 14 back? 15 16 Can I have the question (Whereupon, the reporter read the record as follows: "Question: 17 And she told you that she 18 didn't notice it on her desk when she arrived that 19 morning?") 20 THE WITNESS : It could have been like 21 that, but I just can't say for sure. 22 BY MS. SMALLETS: 23 24 25 Q. Okay. MR. LAFAYETTE : You don't have to speculate or guess. U.S. LEGAL SUPPORT I www.uslegalsupport.com 41 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 5 of 108 Eric Perez Volume I March 08, 2018 THE WITNESS: 1 2 Yeah. BY MS. SMALLETS: 3 Q. Okay. 4 A. I don't know for sure. 5 Q. Okay. 6 A. I don't recall. 7 Q. Okay. 8 A. She kept it. 9 10 Did she give you the sticker? believe she kept it. Let -- let me go back. I just -- I want to give you 11 Q. Okay. 12 A. I believe she kept it. 13 Q. Did you make a copy of it? 14 A. I don't recall. 15 Q. Okay. 16 A. I believe so. 17 Q. How did you get a copy of it? 18 A. I don't recall. 19 Q. Okay. 20 I Did you ever have a copy of it? What do you recall Ciara telling you about the sticker in that initial conversation? 21 A. Say that again. 22 Q. What do you recall Ciara telling you about 23 the sticker in your initial conversation with her 24 about it? 25 A. She'd found it on her desk. U.S. LEGAL SUPPORT I www.uslegalsupport.com 42 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 6 of 108 Eric Perez Volume I March 08, 2018 MR. LAFAYETTE: 1 2 He's doing what he's doing. THE WITNESS: 3 So I was following up with 4 Ciara about something she had brought up. 5 that's when she gave me the sticker. 6 BY MS. SMALLETS: 7 Q. Okay . And Do you have -- do you have any 8 independent recollection, as you sit here right now, 9 about that conversation -- 10 11 12 MR. LAFAYETTE : Objection . BY MS. SMALLETS: Q. -- in your memory? MR. LAFAYETTE : 13 Objection. The question 14 is vague and ambiguous in the use of the phrase 15 "independent." 16 phrased and in tone, okay? The question is argumentative as 17 You can answer. 18 THE WITNESS: Go ahead . I believe well, Ciara 19 gave me the sticker, asked who it possibly could 20 have came from. 21 I told her I would investigate and put a stop to it. 22 BY MS. SMALLETS: 23 24 25 Q. She at that time didn't say anyone. And what document are you looking at? MR. LAFAYETTE: This -- here, this document has Bates-stamped numbers on it. U. S . LEGAL SUPPORT I www.uslegalsupport.com 45 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 7 of 108 Eric Perez Volume I March 08, 2018 1 questions, which started out with that very phrase. 2 3 4 5 I'm confused, Sonya. BY MS. SMALLETS: Q. treated differently than her male colleagues? MR. LAFAYETTE: 6 7 witness's testimony. Objection. Misstates the Lacking in foundation. THE WITNESS: 8 9 Was one of her concerns that she was being No. BY MS. SMALLETS: 10 Q. No, she didn't? 11 A. The way you said it I just want to 12 clarify, I never heard it said because of a male 13 colleague. 14 Q. Okay. 15 because of her 16 strike that. did she in any way indicate -- Did she ever say she was being treated 17 18 Did she in any way use the phrase differently because she's a woman? 19 A. No. 20 Q. Did she ever say she was being treated 21 differently than her coworkers? 22 A. Yes. 23 Q. Okay. 24 25 Which coworkers did she say she was being treated differently than? MR. LAFAYETTE: Objection. U.S. LEGAL SUPPORT I Assumes a fact www.uslegalsupport.com 55 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 8 of 108 Eric Perez Volume I March 08, 2018 1 not in evidence . Lacking in foundation. 2 You can answer if you can. 3 THE WITNESS: The three other new hires 4 that were training with her. 5 BY MS. SMALLETS: 7 10 Patrik Boyle, Mena -- I forgot Mena's A. last name or that may be his last name. last believe Mena. Hold on. two? I'm at a loss. Who were the other I want to say Mena something. 13 MR. LAFAYETTE: 14 THE WITNESS: 15 You don't have to guess. Okay, yeah . I forgot . BY MS. SMALLETS: 16 Q. Okay. 17 A. Don't recall. 18 Q. All right. Take a look at your -- this 19 first paragraph of your e-mail to Mike and 20 Christine. MR. LAFAYETTE: 21 22 25 Where it starts, "I talked to Ciara today"? MS. SMALLETS: 23 24 I I -- I don't -- I remember Patrik. 11 12 And who were the other three new hires that were training with her? 8 9 Okay. Q. 6 Yeah, "I talked to Ciara today." MR. LAFAYETTE: Okay. U.S. LEGAL SUPPORT J Do you want him to www.uslegalsupport.com 56 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 9 of 108 Eric Perez Volume I March 08, 2018 MS. SMALLETS: 1 2 3 4 I'll ask a different question. Q. Did you do any investigations in -- with respect to the sticker? 5 A. I had the team leaders look into it. 6 Q. Okay. 7 8 9 10 11 you tell them to A. Did you instruct the -- what did what did you tell them to do? Talked to every operator on their team. Told them this is inappropriate material and would not be tolerated in the workplace. Q. Okay. Did you ask them to try to find out 12 who put it there -- who brought it into the 13 workplace? 14 15 16 17 18 A. I don't recall, but I'm not saying that it -- I didn't do it. Q. Okay. I just don't recall. Did you ever personally try to figure out who brought it to the workplace? A. If I told the team leaders to look into 19 it, then yes, I was personally trying to find out 20 who would -- who brought that into the workplace, 21 but I just don't recall if I had the team leaders 22 look to see who brought it into the workplace. 23 Q. Okay. So you don't -- you don't recall 24 telling them to do that? 25 MR. LAFAYETTE: Objection. U.S. LEGAL SUPPORT I Misstates the www.uslegalsupport.com 64 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 10 of 108 Eric Perez Volume I March 08, 2018 THE WITNESS: 1 2 I'd have -- I'd have to see the e-mail. 3 MS. SMALLETS: 4 (Whereupon, Exhibit 3 was marked for 5 identification . ) THE WITNESS: 6 7 Thank you. BY MS. SMALLETS: Q. 8 9 Okay. The court reporter has given you a document that's marked as Exhibit 3. It's 10 Bates-stamped DEF 948 to 949. 11 e-mail that you sent on August 29th at 1:46 p.m. 12 This appears to be an Do you recall sending this e-mail? 13 A. I don't recall, but I'm sure I did. 14 Q. Okay. Let's look at the recipient list. Is Ian Chamberlain a shift team leader? 15 16 A. Yes. 17 Q. And Cameron Curran was a shift team leader 18 or a temporary shift team leader at that point in 19 time? 20 A. I can't recall when he got promoted. 21 Q. But he's one or the other? 22 A. He's either a temporary shift team leader 23 24 25 or a permanent shift team leader at this time. Q. Okay. Let's see, on the recipients list is everyone but you either a shift team leader or a U.S. LEGAL SUPPORT I www . uslegalsupport . com 66 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 11 of 108 Eric Perez Volume I March 08, 2018 1 2 3 4 5 6 7 temporary shift team leader? Eddie King used to be a shift team leader, A. and then he went refinery team leader. Okay . Q. Do you know which he was at the time that you sent this e-mail? I believe he was a refinery team leader at A. that time but was 8 Q. Okay. 9 A. - - still on the distribution list. 10 11 12 And then Mike Beck was the manager of OPCEN. Did -- in this e-mail, did you instruct -- Q. 13 is there anything here that instructs the shift team 14 leads to look into who brought the sticker into the 15 workplace? MR. LAFAYETTE: 16 Objection. The document 17 is its own best evidence of what the document 18 states. 19 or likely to lead to the discovery of admissible 20 evidence. His understanding otherwise is not relevant 21 Go ahead. 22 THE WITNESS: 23 an investigation . 24 put a stop to it. So it doesn't say to conduct The way I read this it says to 25 U.S. LEGAL SUPPORT I www . uslegalsupport . com 67 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 12 of 108 Eric Perez Volume I March 08, 2018 1 2 BY MS. SMALLETS: Q. Okay. Did -- now, you say in here, you 3 tell the shift team leads not to document it in the 4 PD files, right? 5 A. Yes. 6 Q. Okay. You didn't think this was something 7 worth documenting in the PD files? 8 MR. LAFAYETTE: 9 10 11 Objection to the use of the phrase "this" is vague and ambiguous. BY MS. SMALLETS: Q. You didn't think the sticker was 12 something -- in the workplace was something worth 13 documenting in the PD files? 14 15 MR. LAFAYETTE: Incomplete hypothetical . Still vague and ambiguous. THE WITNESS: 16 Lacking in foundation. At the time, I didn't want 17 to do a blanket documentation on folks that had 18 nothing to do with bringing a sticker into this 19 refinery. 20 BY MS. SMALLETS: 21 22 23 • Q. Okay. Did you do anything to figure out who brought it to the refinery? MR. LAFAYETTE: Objection. You previously 24 asked and answered him -- answered that . 25 you what -- I'm not going to recite it, but he's U.S. LEGAL SUPPORT I He's told www.uslegalsupport.com 68 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 13 of 108 Eric Perez Volume I March 08, 2018 1 already told you what he did and how he did it and 2 what he recalls . 3 harassing. 4 5 This is now argumentative and Are you asking other than what he'd already said? 6 MS. SMALLETS: 7 MR . LAFAYETTE: Yeah. Have you done any -- she's 8 asking if you -- without reciting all your old 9 testimony, have you -- did you do anything else to 10 try and figure out what was done, who did this? 11 That ' s what she's asking . 12 13 THE WITNESS: Not that I recall. BY MS. SMALLETS: 14 Q. Did you ask -- do you recall asking any 15 team 16 brought the sticker to the refinery? any employee whether they were the ones who 17 A. Not that I recall. 18 Q. Okay. Did you -- okay. Did you have any 19 conversations with anyone about what this e-mail 20 should say prior to sending it out? 21 A. Not that I recall. 22 Q. Did you - - were you ever informed that 23 there was more than one copy of this sticker at the 24 refinery? 25 , A. i That -- not that I recall, but -- hold on. U.S . LEGAL SUPPORT I www.uslegalsupport.com 69 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 14 of 108 Eric Perez Volume I March 08, 2018 1 Let me think about that one. 2 I want to -- I believe I was told, and I 3 don't recall by whom, that somebody had brought a 4 stack of these stickers in. 5 Q. Okay. So someone you think someone 6 told you that someone else had brought a stack of 7 the stickers? 8 9 A. • Or some, multiple. Maybe not -- a stack may be a bad word, so . . . 10 Q. Okay. 11 A. No, I don't recall. 12 Q. Okay. Do you recall who told you that? Do you recall -- did they tell you 13 who the person who brought the stack of multiple 14 stickers in was? 15 A. No. 16 Q. Did you ask? MR. LAFAYETTE: 17 Objection. It's been 18 asked and answered and the way you asked that 19 question was argumentative. 20 necessary, okay? 21 22 23 f THE WITNESS: And that's not I just don't recall. BY MS. SMALLETS: Q. Okay. If you had known who brought the 24 stickers into the refinery, is that something that 25 you think should have been documented in that U.S. LEGAL SUPPORT I I www.uslegalsupport . com 70 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 15 of 108 Eric Perez Volume I March 08, 2018 1 person's PD file? 2 MR. LAFAYETTE: 3 incomplete hypothetical . 4 evidence. you can. 8 9 You can answer if I THE WITNESS: 7 It's an Assumes facts not in You don ' t know enough. 5 6 Objection. Yes. , BY MS . SMALLETS: Q. Okay. Were any of the -- do you know 10 whether any stickers were on -- were placed on any 11 employee's hard hats? • 12 A. No . 13 Q. I'm sorry, that was a bad question. You don't know, or you know that they 14 15 there weren't? , 16 A. I don't 17 Q. Okay. 18 I don't know. , Did anyone ever tell you that they had been placed on someone•s hard hat? 19 A. Not that I recall . 20 Q. Okay . If an employee had placed the 21 sticker on his hard 22 you think that should be something that should be 23 documented in that employee's PD file? 24 25 his or her hard hat, would MR. LAFAYETTE: Objection. Incomplete hypothetical . U.S. LEGAL SUPPORT I www . uslegalsupport.com 71 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 16 of 108 Eric Perez Volume I March 08, 2018 1 2 THE WITNESS: BY MS. SMALLETS: Q. 3 4 , Yes. Do you know if anything was -- related to the sticker was documented in anyone's PD file? 5 A. Not that I recall. 6 Q. Did anyone ever tell you that 7 Jonathan Boyle had a copy of the sticker on his hard 8 hat? MR. LAFAYETTE: 9 Objection. Just asked and 10 answered the question with regard to all people. 11 It's argumentative. 12 13 THE WITNESS: Not that I recall. BY MS. SMALLETS: 14 Q. Okay. 15 A. Could I -- could I clarify -- 16 Q. Yeah. 17 A. So I don't know a Jonathan Boyle . 18 I'm getting 19 Jonathan -- I don't -- maybe I'm getting my names 20 mixed up . I thought it was Patrik Boyle. Maybe Maybe 21 Q. Okay. 22 A. I thought Patrik's last name was Boyle. 23 Q. Okay. 24 25 So Ciara's fellow trainee is Patrik Neuman. A. Okay. Maybe I'm thinking of U.S. LEGAL SUPPORT I www.uslegalsupport.com 72 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 17 of 108 Eric Perez Volume I March 08, 2018 1 2 3 just don't know if it was Cameron or Metcalf. Q. Okay. And by "Metcalf," i t ' s - - we're referring to Richard Metcalf? 4 A. Richard Metcalf. 5 Q. And "Cameron" is Cameron Curran? 6 A. Curran, yeah. 7 Q. Okay. 8 9 10 11 12 Cameron? A. I want to say that's when she was on day shifts with Jeff Fischer. Q. Okay . Did you have any conversations with Ciara's supervisor about this sticker? MR. LAFAYETTE: 13 14 And who was her supervisor prior to Say that again . Say that again . MS . SMALLETS: 15 I asked if he had any 16 conversations with Ciara's supervisor regarding the 17 sticker. 18 19 20 21 Or actually, you know what? Let me do it differently since you don't remember her supervisor. Q. Did you have any conversations with Cameron Curran regarding the sticker? 22 A. At this point in time or just ever? 23 Q. Ever . 24 A. I don't recall, but I'm not saying it 25 didn't happen. U.S. LEGAL SUPPORT I www.uslegalsupport.com 74 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 18 of 108 Eric Perez Volume I March 08, 2018 1 2 Do you recall ever asking Cameron whether Q. he brought the sticker into the workplace? 3 A. No. 4 Q. Okay. Would it have been -- would you 5 have thought it would be important to know if 6 Cameron was the one who brought the sticker into the 7 workplace? MR. LAFAYETTE: 8 9 10 Incomplete hypothetical . Assumes facts not in evidence. Lacking in foundation. THE WITNESS: 11 Yeah, I would think it's 12 important if a team leader would bring an 13 inappropriate sticker into the refinery. 14 BY MS . SMALLETS: 15 16 Q. Okay. Did you have any conversations with Richard Metcalf regarding the sticker? 17 A. I believe I did. 18 Q. Okay. 19 20 What can you recall discussing with Richard Metcalf regarding the sticker? A. That's a long time ago, but I thought I 21 told him be sure any stickers out there are -- that 22 we talked to the -- I don't recall the exact 23 conversation I had with him. 24 25 Q. Okay . And look, no one's expecting you to remember word for word. U.S . LEGAL SUPPORT I www.uslegalsupport . com 75 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 19 of 108 Eric Perez Volume I March 08, 2018 1 with Mike Beck regarding the sticker while Ciara was 2 employed? 3 A. I'm sure I did. 4 Q. Okay. 5 (Whereupon, Exhibit 5 was marked for 6 identification.) 7 BY MS. SMALLETS: 8 9 I just don't recall. Q. The court reporter has given you a document that's been marked as Exhibit 5. 10 Bates-stamped DEF 947. 11 from Ciara to you sent on September 17th. 12 It's It appears to be an e-mail Do you recall receiving this e-mail? 13 A. I don't -- I don't recall receiving it. 14 Q. Did you respond to it? 15 A. I don't know if I responded via e-mail or 16 17 in person. Q. 18 I don't Okay. (Whereupon, Exhibit 6 was marked for 19 identification.) 20 BY MS. SMALLETS: 21 I just don't recall. Q. The court reporter has given you a 22 document that's been marked as Exhibit 6. 23 Bates-stamped DEF 1866 and it is a copy of the 24 previous e-mail and -- with -- as part of an e-mail 25 that you sent. u.s. LEGAL SUPPORT I It's www.uslegalsupport.com 82 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 20 of 108 Eric Perez Volume I March 08, 2018 Do you see that? 1 2 A. Yes. , 3 Q. Okay. Does that -- it looks like you -- 4 it looks to me , from this document, you forwarded 5 Ciara's e-mail to Christine and Mike on - - on the 6 17th of September. 7 Do you see that? 8 A. Yes. 9 Q. Does that refresh your recollection that 10 11 12 13 you received this e-mail? A. I just don't recall receiving it, but I mean, I'm sure I did. Q. Yeah. Did you have any -- do you recall 14 having any conversations with Eric -- I'm sorry, 15 with Mike Beck or Christine Layne regarding this 16 e-mail from Ciara? 17 MR. LAFAYETTE: 18 THE WITNESS: 19 MS. SMALLETS: 20 (Whereupon, Exhibit 7 was marked for 21 identification.) 22 BY MS. SMALLETS: 23 Q. Okay. Same objection as before. I just don't recall. Okay. The court reporter has given you a 24 document that's been marked as Exhibit 7 . 25 Bates-stamped DEF 946. It's There's a series of e-mails u.s . LEGAL SUPPORT I www.uslegalsupport.com 83 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 21 of 108 Eric Perez Volume I March 08, 2018 1 during that meeting? 2 A. I don't recall if I did. 3 Q. Do you recall anyone taking notes during 4 the meeting? 5 A. 6 I don't recall if the union guys did or not. Q. 7 8 I believe Christine Layne did. Did anyone -- did Ciara step outside to speak to anyone during the course of that meeting? 9 A. I don't recall. 10 Q. How long did the meeting last? 11 A. I don't recall. 12 Q. Did you give Ciara the document that 13 you're referring to during the meeting? 14 A. I don't recall. 15 Q. Do you recall anything that was discussed 16 during the meeting? A. 17 18 That document was discussed and then she was going to let me know of other concerns she had . 19 Q. Did she say she had other concerns? 20 A. She did, but I don't recall what they 21 were. I'd have -- one minute, please. 22 23 24 25 That she was being treated different and there was traps being set up. Q. Did she say who she was being treated differently than? • U.S. LEGAL SUPPORT I www.uslegalsupport.com 103 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 22 of 108 Eric Perez Volume I March 08, 2018 1 2 3 4 In regards to the tardy, it was the other A. new hires. Q. Okay. said she was being treated differently? MR . LAFAYETTE : 5 6 7 Is there another capacity which she BY MS . SMALLETS: I couldn't hear you. ' Is there some other way in which she said Q. 8 she was being treated differently? 9 MR. LAFAYETTE: 10 ambiguous . THE WITNESS: 11 12 13 The question is vague and Yeah , I don't recall . BY MS. SMALLETS: Q. Okay. And now, her concerns about being 14 treated differently with respect to the tardies were 15 discussed at that meeting, correct? 16 A. Yes. 17 Q. Okay . So if she's saying there were othei 18 new concerns that came up, does that refresh your 19 recollection it had something to do with something 20 other than the tardies? 21 MR. LAFAYETTE: Objection. 22 is vague and ambiguous. 23 Assumes facts not in evidence . 24 speculation. 25 THE WITNESS: The question Lacking in foundation . Requires Can you repeat that? U.S. LEGAL SUPPORT I www.uslegalsupport.com 104 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 23 of 108 Eric Perez Volume I March 08, 2018 1 to -- as to which -- the new hires were assigned to 2 which department? MR. LAFAYETTE: 3 You asked that this 4 morning about the assignments and we've discussed 5 that already. You really did. THE WITNESS: 6 So the training supervisor 7 came out with the recommendations, brought it to the 8 supervisors, plus Erin McDonald, the manager of 9 utilities was there. And his recommendations is 10 I believe we just went with his recommendations on 11 that particular class. 12 BY MS. SMALLETS: 13 Q. Okay. 14 A. E-R-I-N. 15 Q. Is that a man or a woman? 16 A. Woman. 17 Q. And Ciara was terminated from her position 18 at Shell, correct? 19 A. Yes. 20 Q. Okay. 21 22 23 24 25 Is Erin -- how do you spell Erin? Do you know who made the decision to terminate her? A. Who makes the final decision in the refinery, I don't know. Q. Okay. Did you participate in discussions regarding the decision to terminate her? U.S . LEGAL SUPPORT I www.uslegalsupport . com 132 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 24 of 108 Eric Perez Volume I March 08, 2018 1 A. Yes. 2 Q. Okay. 3 discussions with? A. 4 5 And who did you have those Christine Layne, Mike Beck, and then for alignment would -- 6 (Reporter clarification . ) 7 THE WITNESS: 8 other supervisors. 9 BY MS. SMALLETS: For alignment would be the 10 Q. And who would the other supervisors be? 11 A. Dominic LaVora. They were transitioning 12 at that time, so I just want to -- I believe it 13 was Dominic LaVora. 14 was transitioning into that role. Might have been Guy Rozar who 15 Q. What role? 16 A. Production supervisor. 17 Q. Okay . 19 A. Yes. 20 Q. What area? 21 A. He had utilities and logistics. 22 Q. Is he currently still working for the -- 18 23 Was he responsible for a particular area? for Shell? 24 A. Yes. 25 Q. Okay. Is he still production supervisor? U.S . LEGAL SUPPORT I www.uslegalsupport.com 133 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 25 of 108 Eric Perez Volume I March 08, 2018 1 A. No . 2 Q. What's he currently? 3 A. Production specialist. 4 Q. Okay. 5 Do you recall who first suggested that Ciara be terminated? 6 A. No . 7 Q. Was it you? 8 A. I don't recall. 9 Q. Okay. 10 It -- I don't recall . Do you recall the first conversation in which that topic was discussed? 11 A. No. 12 Q. Do you recall the first time you had a 13 conversation with anybody in which the possibility 14 about terminating Ciara was discussed? 15 A. I don't recall . 16 Q. Okay. How many conversations can you 17 recall having with Christine and Mike regarding 18 terminating Ciara? 19 A. I don't recall. 20 Q. Was it more than one? 21 A. Yes . 22 Q. Okay . 23 Did you offer an opinion as to whether Ciara should be terminated? 24 A. Yes. 25 Q. What was your opinion? U.S . LEGAL SUPPORT I .. www.uslegalsupport . com 134 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 26 of 108 Eric Perez Volume I March 08, 2018 1 A. Yes. 2 Q. · That she should be terminated? 3 A. Yes. 4 Q. Did -- did you rely upon information that 5 you received from Jeff Fischer in coming to the 6 conclusion that Ciara should be terminated? MR. LAFAYETTE: 7 8 The question is overbroad. Vague and ambiguous. THE WITNESS: 9 10 tardies? 11 BY MS. SMALLETS: Are you talking about the What I got from Jeff was the tardies. 12 Q. Yeah. Or anything else Jeff told you. 13 A. I don't believe so. 14 Q. Okay. 15 A. But I don't recall. 16 Q. Okay. Did you -- Did you rely on any information you 17 received from Cameron Curran in making the decision 18 that Ciara should be terminated -- or sorry, in -- 19 in coming to the conclusion -- your -- your opinion 20 that Ciara should be terminated? 21 A. Yes. 22 Q. Okay. 23 24 25 Did you rely on information provided by anybody else? A. I don't recall specifically if there was anybody else. U.S. LEGAL SUPPORT I www.uslegalsupport.com 135 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 27 of 108 Eric Perez Volume I March 08, 2018 1 2 3 4 consistent through the refinery. Q. Okay. And what do you do to -- to engage in that kind of alignment? A. Well, if it's performance issues, what 5 kind of performance issues are they seeing? 6 at this level and am I seeing performance levels -- 7 performance issues at this level? 8 on -- that we don't -- are we aligned on what would 9 trigger formal discipline up to and including 10 termination? 11 Q. 12 13 14 15 Are we aligned Did Ciara receive any formal discipline? MR. LAFAYETTE: I couldn't hear you. BY MS. SMALLETS: Q. Did Ciara ever receive any formal discipline during her time at the refinery? 16 A. No . 17 Q. Okay. 18 Is it Do you know whether any of the new hires in her class received formal discipline? 19 A. No. 20 Q. No, you don't -- I'm sorry, no, you don't 21 know or no, they did not? 22 A. I don't know. 23 Q. Okay. Did you participate in alignment 24 discussions with respect to each new hire or anybody 25 who was being terminated from that new hire class? U.S. LEGAL SUPPORT I www.uslegalsupport . com 139 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 28 of 108 Eric Perez Volume I March 08, 2018 1 document marked as Exhibit 18. 2 DEF 987 through 989. 3 It's Bates-stamped Have you seen this document before? A. It looks like Richard Metcalf sent it to 6 Q. Okay. 7 A. But I just don't remember -- recall, but 4 5 8 9 10 me. I'm sure I got it. Q. Okay. And so this is -- and you -- you sent an e-mail response to Richard Metcalf, correct? 11 A. Yes. 12 Q. Okay. And is your response here -- the 13 e - mail on September 21st at 6:59a . m., is that an 14 e-mail that you sent? 15 A. Yes. 16 Q. Okay. And you say, "Richard, before you 17 issue let's align on Ciara 240 review. I pasted 18 your response below on our rating. 19 you to change anything, but me and you need to be 20 aligned on her performance and behavior since she's 21 been employed. 22 applies to all new hires coming out of this last 23 class. 24 me, you, and Mike to discuss after the Monday 25 morning meeting." I'm not asking Not just with Ciara, but this I will set up a meeting notice with you U.S. LEGAL SUPPORT I www.uslegalsupport.com 154 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 29 of 108 Eric Perez Volume I March 08, 2018 Do you recall sending an e - mail? 1 2 A. I don•t recall, but I•m sure I did. 3 Q. Okay. What•s a meeting notice? 4 notice, what•s that? 5 notice. 6 A. Just set up a meeting . 7 Q. Okay. 8 You talk about a meeting Is there a particular is that done electronically or done A. 9 10 A meeting Normally it•s done through a calendar in Outlook. 11 Q. Okay. Did you check -- have you looked 12 through your Outlook calendar to see if you have any 13 meetings that relate to Ciara? 14 A. I don•t recall. With it being just me, 15 Mike, and Richard, we may have just sat after the 16 7:00 o•clock meeting that the department goes every 17 day. 18 since it•s just us three. 19 20 So it may have not been in the meeting notice Q. Okay. Do you recall whether that meeting you referred to in this e-mail took place? 21 A. I don•t recall, but I•m assuming it did. 22 Q. Okay. 23 A. 24 Q. 25 Do you recall anything that you discussed with Richard or Mike regarding this 240-day review U.S. LEGAL SUPPORT I www.uslegalsupport.com 155 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 30 of 108 Eric Perez Volume I March 08, 2018 1 A. (Whereupon, Exhibit 20 was marked for 2 3 Yeah, he's -- he's been there for years . identification . ) MR . LAFAYETTE : 4 5 please? 6 BY MS. SMALLETS : 7 Q. Can you give me a moment, The court reporter has given you a 8 document that's been marked as Exhibit 20. 9 Bates-stamped DEF 115 through 119. 10 Is this a document that you prepared? 11 A. Yes. 12 Q. Okay. 13 It's And it's an e-mail you sent to Christine on July 28th, 2016, correct? 14 A. Yes. 15 Q. Okay . And you say here, "Then we will 16 finish up with her allegation of being treated 17 different and unfair/singled out." 18 MR. LAFAYETTE: 19 20 21 22 23 Say that again. BY MS . SMALLETS: Q. Then -- you said -MR. LAFAYETTE: I couldn't just missed what you said . MS . SMALLETS: I'm sorry, I I'm sorry. It says - - you say here, 24 "Then we will finish up with her allegation of being 25 treated different and unfair/singled out." u.s. LEGAL SUPPORT I www.uslegalsupport . com 172 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 31 of 108 Eric Perez Volume I March 08, 2018 1 Q. Do you see where you wrote that? 2 A. Yes . 3 Q. Do you recall, did she tell you that in 4 the conversation? MR. LAFAYETTE: 5 6 Objection. It's been asked and answered over and over again. THE WITNESS: 7 I don't recall if she told 8 me or if I'd heard it from a team leader or if she 9 was talking about the tardies. 10 BY MS. SMALLETS : Q. 11 Okay. Turning your attention to the rest 12 of the pages of these documents, was this something 13 that you prepared in anticipation of a discussion 14 with Ciara or after a discussion with Ciara? A. 15 16 This was prepared for the discussion with Ciara . 17 Q. Okay. I'm turning your attention to the 18 last page of this document . 19 statement from Ciara." It says, "Documented 20 A. Okay. 21 Q. That portion of it on Bates-stamped 22 DEF 119 . 23 24 25 Are these those things that Ciara told you? MR. LAFAYETTE: The question, Counsel, I'm U. S. LEGAL SUPPORT I www.uslegalsupport.com 173 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 32 of 108 Eric Perez Volume I March 08, 2018 1 unclear what concerns she was bringing. 2 August 2nd meeting was when I wrote -- this just 3 came to me July -- this just -- just came to me at 4 the end of July. 5 to start discussing with her. By the August 2nd is when I wanted MR. LAFAYETTE: 6 On that So your question assumes a 7 fact not in evidence. 8 Sonya, so that you'll know, your questions assume 9 that he knows what the incidences are. You're -- you're -- just -- 10 why your questions are incomplete. 11 BY MS. SMALLETS: 12 13 Q. Did you So that's were you able to get gate logs for January of 2016? 14 A. 2000? 15 Q. So her first month of employment. 16 A. I want to say they were training at the 17 clubhouse where there's no gate reader. 18 Q. Okay. Did you get gate logs for February? 19 A. The -- I want to say they were still at 20 the clubhouse. 21 into OPCEN, where they're actually going to have to 22 start going and putting their badge up to the 23 reader. 24 Q. 25 I'm not sure when they actually came Were you able to get gate logs from the first day they -- they started at OPCEN? u.s. LEGAL SUPPORT J www.uslegalsupport.com 192 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 33 of 108 Eric Perez Volume I March 08, 2018 1 A. Unless there was some kind of technical 2 issues, I'm not sure when -- when I ran them, but I 3 should have been able to get it if HR requested it 4 for me. 5 Q. 6 get the the - - it for all the dates that they 7 were in training in OPCEN? Okay. Do you recall that you were able to 8 MR. LAFAYETTE: 9 THE WITNESS: MR . LAFAYETTE: 10 11 Objection. The gate -Incomplete question. It's vague and ambiguous. 12 Go ahead . 13 THE WITNESS: The gate logs that I ran, I 14 forgot the dates. 15 months I got, what actual specific dates I asked 16 for. 17 BY MS. SMALLETS: 18 19 Q. 22 23 24 25 And do you recall, as you sit here, when you got the entire set of relevant dates? 20 21 They are somewhere I read what MR . LAFAYETTE: I couldn't hear you. BY MS. SMALLETS: Q. Do - - as you sit here today, do you recall whether you got all of the relevant dates? MR . LAFAYETTE: Objection. The use of the term "relevant" calls for a legal conclusion. U.S. LEGAL SUPPORT I It's www . uslegalsupport.com 193 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 34 of 108 Eric Perez Volume I March 08, 2018 1 vague and ambiguous. 2 BY MS . SMALLETS: 3 Q. As you sit here today, do you recall that 4 you were able to obtain gate logs for all of the 5 days in which Ciara and her three fellow trainees 6 were training under Jeff Fischer in OPCEN? 7 A. I'm not sure when - - the first day I 8 requested . 9 that first day . I don't know what day I requested for 10 Q. Okay. 11 A. Until -- I don't know the time - - exact 12 time period I requested. 13 period that I requested. 14 15 Q. Okay . I don't recall the time Do you know -- do you know the date on which they started training with Jeff Fischer? 16 A. I don ' t know the exact date she came out. 17 Q. Okay. 18 (Whereupon, Exhibit 21 was marked for 19 identification.) 20 BY MS . SMALLETS: 21 Q. The court reporter has given you a 22 document that's been marked as Exhibit 21. 23 Bates-stamped DEF 112 to 113. 24 MR. LAFAYETTE: 25 MS. SMALLETS: It's No, 111. I'm sorry, 111 to 113. U.S. LEGAL SUPPORT I www.uslegalsupport . com 194 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 35 of 108 Eric Perez Volume I March 08, 2018 MR. LAFAYETTE: 1 2 I'm sorry? BY MS. SMALLETS: 3 Q. What did you do to get the gate logs? 4 A. I put a request in to Christine Layne and 5 6 then she contacts security. Okay. Q. 7 sorry, 8 clear direction. "From 3/1 to 3/3 it looks to me there was no 9 10 And you say here, "From 1/1" -- I did not count those three days." Do you see where you said that, bullet point two? 11 A. Yes . 12 Q. What basis did you conclude there was no 13 14 clear direction from March 1st, 2nd, and 3rd? A. If you look at the other new hire starts, 15 they were all over the place. 16 counting tardies, I wanted to be sure there was 17 clear direction and expectation on start times. 18 Q. Okay. So before I started Did you do -- did you do anything 19 other than look at this document to conclude that 20 there was no clear direction? 21 A. Yes. 22 Q. What did you do? 23 A. I asked Jeff Fischer to give clear 24 25 direction. Q. Okay. And did he tell you when he gave U.S. LEGAL SUPPORT I www.uslegalsupport.com 196 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 36 of 108 Eric Perez Volume I March 08, 2018 1 such directions? 2 A. Yes. 3 Q. What did he tell you about when? 4 A. I'd have to read his response on the exact Q. Okay. 5 6 date. Did you talk to any of the other 7 trainees to see if they felt they had been given 8 clear direction about what the start time was? MR. LAFAYETTE: 9 10 overbroad. 11 BY MS. SMALLETS: 12 Q. 13 e - mail . As of a particular day you mean? As of July 26th when you wrote this MR. LAFAYETTE : 14 As of -- the question is No, it's clear -- that's 15 not my question as to where the ambiguity is. 16 ambiguity is did he ask them when it was they 17 thought they got their direction. 18 just saying your question is ambiguous, Sonya, okay? 19 BY MS . SMALLETS: 20 Q. The That's -- I'm What I'm saying is as of July 26th, had 21 you spoken to any of Ciara's fellow trainees, the 22 other three of them, to ask them if they -- what 23 they thought the start time was? 24 A. I don't recall . 25 Q. Okay. Do you recall having any U. S. LEGAL SUPPORT I www.uslegalsupport . com 197 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 37 of 108 Eric Perez Volume I March 08, 2018 1 conversations at any point prior to Ciara's 2 termination with her fellow trainees regarding the 3 issue of start time? 4 By "fellow trainees," I'm referring to 5 those three people that were in the class under 6 Jeff Fischer . 7 8 A. I don't recall . I personally didn't, so I don't -- I don't recall . 9 Q. Do you know if anyone else did? 10 A. I don't recall. 11 Q. And in your -- in your review determined 12 that, in fact, there we r e male employees who came -- 13 there was a male employee who came through the gate 14 after 6:15, correct? MR. LAFAYETTE: 15 16 17 18 BY MS . SMALLETS: Q. There was a male employee who came through the gate after 6:15, ~ight? 19 MR. LAFAYETTE: 20 THE WITNESS: 21 MR. LAFAYETTE: 22 Where are you reading? 3/24 . I don't see where it says the gender on this document, do you? 23 MS. SMALLETS: 24 MR. LAFAYETTE: 25 Say it again . saying that, then? It does not. Okay. So why are you There's nothing on here that u.s. LEGAL SUPPORT I www.uslegalsupport . com 198 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 38 of 108 Eric Perez Volume I March 08, 2018 1 didn't count anything at -- past 6:15 that was on 2 their day off because if they wanted to come in to 3 train, there wasn't a start time. 4 They were just coming in. I allowed them 5 just to come in for a few hours if they wanted to, 6 but it was just their scheduled days that I wanted 7 to count. 8 BY MS . SMALLETS: Q. 9 10 that bullet number four. What did you determine -- look at to determine which Friday was a Friday off? 11 12 That A. There's a -- a A and a B schedule so I know their Fridays off. 13 Q. Okay. 14 A. Yeah, on the -- on the -- it's on the Q. And Ciara was written as tardy on 4/7, 15 16 17 Is that in writing somewhere? yes. correct? It's got a -- there's a P -- 18 A. Yes. 19 Q. Yep, and that's -- the timecard was docked 20 on 4/7, right? 21 A. Yes. 22 Q. And, in fact -- f 23 A. That's -- oh. 24 Q. -- she wasn't tardy on April 7th, right? 25 A. Yeah, that was, like, my seventh bullet U.S. LEGAL SUPPORT I www.uslegalsupport.com 201 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 39 of 108 Eric Perez Volume I March 08, 2018 1 down where I believe there was a typo. 2 that she was tardy . It was 4/8 3 Q. How do you know she was tardy on 4/8? 4 A. Because of the gate log. 5 Q. Was 4/8 a Friday -- 4/8 was a Friday, 6 right? A. 7 MS. SMALLETS : Yeah, I'm pretty sure it was. 12 MR. LAFAYETTE: 13 MS. SMALLETS : 14 You want me to tell you if 4/8 was a Friday looking at my calendar? 10 11 Oh, 4/8. MR. LAFAYETTE: 8 9 Let me see. It's a Friday. Yeah. 4/B's a Friday, right? THE WITNESS : 15 Yeah, if it was her 16 Friday -- if it was her Friday off, I wouldn't have 17 counted it. 18 BY MS. SMALLETS : 19 Q. Okay, but 20 A. If it was her Friday scheduled then I 21 22 would. Q. Okay, but you've got of the four 23 employees, two of them weren't at work at all on the 24 8th, right? 25 A. So the first one - - U.S. LEGAL SUPPORT I www . uslegalsupport.com 202 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 40 of 108 Eric Perez Volume I March 08, 2018 1 A. Yes. 2 Q. Okay. And what I'm saying is if we look 3 at the 8th, neither employee number one nor employee 4 number three have either a start or end time on that 5 date. 6 A. Yes. 7 Q. Is that correct? 8 A. Yes. 9 Q. Okay. Did you do anything -- looking at 10 that, did you do anything to determine whether they 11 were supposed to be in training that day? A. 12 So there's -- there's a couple different 13 reasons they may not have been at work that day. 14 were flexible with their schedule. 15 been on vacation . I don't know why. 16 We They could have That's why -- I'm 17 assuming that's why I put the question marks for 18 employee, the first one. 19 Q. Okay. 20 A. On the -- on the fourth employee, I don't 21 know. 22 couple different explanations why they didn't - - I 23 didn't see a gate log. 24 I don't know. 25 I Q. -- there -- there there could be a He may have called in sick. Okay. U.S. LEGAL SUPPORT I www.uslegalsupport.com 204 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 41 of 108 Eric Perez Volume I March 08, 2018 1 A. I 2 Q. Okay. 3 6 So so Ciara's was written tardy for the 7th, right? A. 4 5 just don't know. what I Yeah, per the PD file, I thought that's saw, yeah . Q. Okay . And from looking at the gate logs, 7 it doesn't look like that's correct, right? 8 She's - - she goes to the gate at 6 : 01? 9 A. Okay, yes. 10 Q. Right? 11 12 So and she's saying she wasn't tardy on the 7th, right? 13 A. Yes. 14 Q. Okay . And you -- you -- who came to the 15 determination that that was a - - that it was a typo 16 and she was really tardy on the 8th? 17 A. That was me looking at the gate logs . 18 Q. Okay . 19 Did you ask her if she was tardy on the 8th? 20 A. Yes . 21 Q. What did she say? 22 A. I went over that whole -- this whole 23 24 25 document with her. Q. Okay. I don't remember her response. Did you ask anybody what they were doing in class on the 8th? U.S. LEGAL SUPPORT I www.uslegalsupport . com 205 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 42 of 108 Eric Perez Volume I March 08 2018 1 MR. LAFAYETTE: 1 The question is vague and 2 ambiguous. 3 is lacking in foundation. MS. SMALLETS: 4 5 It's uncertain with regard to time. Q. Let me ask a slightly different question. 7 Ciara's father had died? 8 MR. LAFAYETTE: 9 THE WITNESS: Objection -- ' That is correct. 10 MR. LAFAYETTE: 11 THE WITNESS: 12 MR. LAFAYETTE: 14 Okay. During March of 2016 1 you were aware that 6 13 It Go ahead. Sorry. That's fine. BY MS. SMALLETS: Q. Okay. Did you have any conversation with 15 her about -- didn't -- didn't Ciara tell you that 16 the reason she was tardy on March 23rd was because 17 her mom was breaking down following her dad's death? 18 A. No 19 Q. Okay. 20 21 1 I don't recall that/ no. (Whereupon Exhibit 22 was marked for identification.) 22 MR. LAFAYETTE: 23 me catch up. 24 BY MS. SMALLETS: 25 1 Q. Just a second 1 Sonya 1 let Let him read it too/ okay? 1 The court reporter has given me a -- given U.S. LEGAL SUPPORT J www.uslegalsupport.com , 210 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 43 of 108 Eric Perez Volume I March 08, 2018 1 you a document that's been marked as Exhibit 22. 2 It's Bates-stamped DEF 2093. 3 Can you tell me what this is? 4 MR. LAFAYETTE: Well, let's -- let him 5 have enough time to read it first, okay? 6 BY MS. SMALLETS: 7 Q. Whenever you're ready, tell me what it is. 8 A. It looks like an instant message between 9 10 11 me and Cameron. Q. Did that you used at Shell? 12 A. Yes. 13 Q. Okay. 14 was there an instant messaging app Let me make sure I've asked that question properly. Is this a 15 is this a work-related 16 instant messaging app? 17 cell phone. 18 A. No. Yes, work computer. 19 Q. Okay. 20 A. No, no. 21 Q. Okay. 22 Not instant messaging, your Do you know what app it is? Did -- do you know whether your instant messaging app is set to retain the messages? 23 A. No. 24 Q. Okay. 25 A. I don't know that. U.S. LEGAL SUPPORT I www.uslegalsupport.com 211 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 44 of 108 Eric Perez Volume I March 08, 2018 1 any concerns that she had regarding the sign-off on 2 her parallel training checklist? 3 A. I don't recall if she brought it to me. 4 Q. Okay. Did anyone tell you that Ciara had 5 concerns about the sign-off on her parallel training 6 checklist? A. 7 Yes, I heard about it from someone, not 8 sure if it was a shift team leader or not sure if it 9 was Jeff, not sure if it was Ciara. 10 recall how I heard it. 11 Q. 12 13 I just don't What did you hear? MR. LAFAYETTE: I'm sorry. Can we take a quick break? I'm sorry. MS. SMALLETS: No, no, it's fine. 16 MR. LAFAYETTE: I have a filing. 17 THE VIDEOGRAPHER: 18 (Whereupon, a brief recess was taken.) 19 THE VIDEOGRAPHER: 14 15 we can -- 20 5:15. 21 BY MS. SMALLETS: 22 Sure, Q. Okay. Off the record at 5:01. Back on the record at I'm going to -- I'm going to ask 23 you some questions about Exhibit 8, which it should 24 be over there. 25 MR. LAFAYETTE: Exhibit what? U.S. LEGAL SUPPORT [ www.uslegalsupport.com 242 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 45 of 108 Eric Perez Volume I March 08, 2018 1 2 3 4 REPORTER'S CERTIFICATE I, ELAINA BULDA-JONES, CSR NO. 11720, Certified Shorthand Reporter, certify: That the foregoing proceedings were taken 5 before me at the time and place therein set forth, 6 at which time the witness was put under oath by me; 7 That the testimony of the witness, the 8 questions propounded, and all objections and 9 statements made at the time of the examination were 10 recorded stenographically by me and were thereafter 11 transcribed; 12 13 14 15 16 That a review of the transcript by the deponent was requested; That the foregoing is a true and correct transcript of my shorthand notes so taken. I further certify that I am not a relative or 17 employee of any attorney of the parties, nor 18 financially interested in the action. 19 I declare under penalty of perjury under the 20 laws of the State of California that the foregoing 21 is true and correct. 22 Dated this 21st 23 24 25 ELAINA BULDA-JONES, CSR 11270 U.S. LEGAL SUPPORT I www.uslegalsupport.com 260 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 46 of 108 Eric Perez Volume II June 07, 2018 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CIARA NEWTON, Plaintiff, CASE NO. 4:17-cv-03961-YGR vs. EQUILON ENTERPRISES, LLC dba SHELL OIL PRODUCTS US, Defendant. _________________________ ! DEPOSITION OF ERIC PEREZ Volume II Pages 261 - 370 CONFIDENTIAL PORTIONS EXCERPTED Thursday, June 7, 2018 1:00 p.m. 44 Montgomery Street, Suite 550 San Francisco, CA 94104 REPORTED BY: NOEL CARTER DEGNAN CSR No. 6921 u.s. Legal Support I www.uslegalsupport.com Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 47 of 108 Eric Perez Volume II June 07, 2018 1 2 MR. LAFAYETTE: (Record read.) 4 MR. LAFAYETTE: foundation. 8 9 A. 12 Q. Q. You could answer. I guess I'm not understanding the question on Let me ask a slightly different question. that the information in Exhibit 28 was accurate? A. Yes. MS. SMALLETS: Let's go ahead and mark this as Exhibit 30 . 15 (Exhibit 30 was marked . ) 16 MS. SMALLETS: Q. The court reporter has given 17 you a document marked as Exhibit 30. 18 DEF 3166. 19 20 21 Yeah. When you prepared Exhibit 29, did you assume 13 14 Lacking in how I would check if this is accurate or not. 10 11 Objection. Assumes facts not in evidence. MS. SMALLETS: 6 7 Could I have the question back? 3 5 I'm sorry. A. It's bates stamped Have you seen this document before? It came from me, but I just don't recall writing it. Yes. MS. SMALLETS: Counsel, I'd appreciate it if 22 you'd not laugh at the witness's response. 23 something you've done repeatedly over the course of 24 these depositions and I think it's rude. 25 t MR. LAFAYETTE: This is Counsel, please stop. U.S. Legal Support I I'm www.uslegalsupport.com 282 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 48 of 108 Eric Perez Volume II June 07, 2018 1 going to take a break in a second. 2 personal accusations. 3 something wrong in this room is you, repeatedly asking 4 witnesses the same questions over and over again. 5 I am tired of these The only person who's doing You are taking advantage of seven hours as much 6 as you can on every deposition regardless of how much 7 information these people have, staring witnesses down in 8 a deposition. 9 that had been the case, then the video depositions that 10 Counsel, I'm not laughing. Okay? If you've taken would have shown it and they do not. 11 You wait until you come in here when there's no 12 video and you make an accusation like that. I am tired 13 of the accusations you keep leveling at me. Please 14 stop . 15 take the deposition, but I don't need you constantly 16 attacking me. Conduct yourself in a reasonable manner and just 17 MS. SMALLETS: 18 MR. LAFAYETTE: 19 MS . SMALLETS: Are you finished? Let's take a deposition. The video depositions do show 20 you laughing at the responses, and again I'm asking that 21 you do the professional courtesy of not doing that. MR. LAFAYETTE: 22 23 24 25 Just take the deposition, please. MS . SMALLETS : sign up." Q. This e - mail is entitled "SOU What does SOU stand for? U.S. Legal Support I www.uslegalsupport.com 283 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 49 of 108 Eric Perez Volume II June 07, 2018 1 A. Shell Open University. 2 Q. Third paragraph down it says "Congratulations 3 to the four operators from our recent new hire class who 4 completed their initial training." 5 you know what training is being referred to? MR. LAFAYETTE : 6 7 for itself . 9 Do The document speaks Its own best evidence. MS. SMALLETS: 8 Objection. Do you see that? Q. I'm not sure if you're at the same place . 10 A. You're right here? 11 Q. Yeah. 12 A. It was part of the emergency response training. 13 Q. The next paragraph down refers to BCF training. 14 I see it. What does BCF stand for? 15 A, Basic Fire Crew. 16 Q. And that says "Driver/Operator Training." 17 What's that? 18 A. Drivers to drive the truck. Operators to pump 19 water . 20 Q. And is that to drive the fire truck? 21 A. Yes . 22 Q. And so this is referring to some training that 23 Ciara and three other new hires had recently completed 24 as of April 13th? 25 , MR. LAFAYETTE: Objection. U.S. Legal Support I The document is its www.uslegalsupport.com 284 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 50 of 108 Eric Perez Volume II June 07, 2018 1 own best evidence and this has been previously asked and 2 answered. 3 THE WITNESS: They completed their initial 4 emergency response training. MS . SMALLETS: 5 Q. And is that the same as BCF 6 training and driver/operator training or something 7 different? 8 A. It's part of it. 9 Q. I'm sorry . 10 A. To be an emergency responder you gotta do a Which is part of which? 11 live firefight, you gotta train on the engine, gotta 12 know how to pump water depending on which unit you're 13 in, you gotta go off site to fire school. 14 be -- yeah. It's not just one particular thing they 15 have to do. It's part of it . 16 Q. There might Are there any documents that you can look at to 17 determine on which day Ciara did Basic Fire Crew 18 training? MR . LAFAYETTE: 19 20 I Objection . Requires speculation on the part of this witness. 21 MS. SMALLETS: Q. You can answer. 22 A. What part of the training are you referring to? 23 Q. Any of it. 24 25 MR . LAFAYETTE: Objection. Now it's compound, vague and ambiguous. U . S. Legal Support I www.uslegalsupport.com 285 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 51 of 108 Eric Perez Volume II June 07, 2018 1 MS. SMALLETS: Q. I'm just trying to figure 2 out when she completed that training, and I'm assuming 3 you don•t know as you sit here today . 4 is there something we could look at to figure that out? 5 A. Not that I recall. I'm just asking I mean, the training is, 6 like I said, there's multiple things they need to do 7 before they're qualified as an emergency responder. 8 Q. It says that the BCF training is on Friday. MR . LAFAYETTE: 9 Where are you looking at? 10 MS. SMALLETS: 11 "BCF training is on Friday." 12 typically conducted on Fridays? Q. The last paragraph. It says Are the BCF training 13 A. What year is this? 14 Q. 2016. 15 A. W.e changed it up to twice a week. Not sure if 16 we done it before this or after this, but Friday is one 17 of the days that they're offered. 18 19 20 Q. offered? A. And what days were the driver/operator training 1 I believe that's Saturday and also they could 21 sometimes accommodate to do it while they're on shift, 22 which could be anytime here at work. 23 24 25 Q. Got it. Let•s go ahead and look at the document that was previously marked as Exhibit 16. MR. LAFAYETTE: Say it again. U.S. Legal Support I www.uslegalsupport.com 286 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 52 of 108 Eric Perez Volume II June 07, 2018 1 2 MS. SMALLETS: Q. Did you ever talk to Ciara about this coaching? 3 A. I don't recall . 4 Q. This is a coaching, not a counseling; correct? 5 6 MR. LAFAYETTE: THE WITNESS: 8 MS. SMALLETS: 10 The document is its own best evidence. 7 9 Objection. Yes. Q. Do you have any understanding as to why it was a coaching? MR. LAFAYETTE: Objection . 11 witness to speculate. 12 testimony that you received from Cameron Curran earlier 13 in the week. 14 15 THE WITNESS: MS. SMALLETS: 17 MR. LAFAYETTE: 19 20 21 MS. SMALLETS: Q. What do you counsel for? Objection. He just answered. I asked what he counseled for. Those are different things. MR. LAFAYETTE: ambiguous. 23 you asking 25 We coach for performance He said we coach for performance enhancement. 22 24 It's cumulative to the enhancement. 16 18 Hearsay. May require this I don't know what you're asking him. MS. SMALLETS: objection. Then your question is vague and Are Do not make a speaking You're coaching the witness. U. S . Legal Support J If you want to www.uslegalsupport.com 291 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 53 of 108 Eric Perez Volume II June 07, 2018 1 yell at me and I would request that you not pound your 2 fist on the table. MR. LAFAYETTE: 3 4 And I request that you not yell at me . 5 MS. SMALLETS: I have not yelled at you. 6 MR. LAFAYETTE: Ma'am, you do not understand . 7 I wish the video were going. 8 voice. MS. SMALLETS: 9 I have not . MR. LAFAYETTE: 10 You have raised your Will you stop talking over me? 11 Will you stop that? 12 doing that either, do you? 13 something that you do that's wrong. 14 objections, but I don't want you throwing hands up at 15 me. 16 all open in the air. 17 you making personal attacks on me . 18 you're not doing it, then you don't understand what 19 you're doing. 20 have this wi.t h anybody else in depositions. 21 don't . 22 23 24 25 I guess you don't think you're Listen to me. There is I'm making code I don't want you giving me faces with your mouth I don't want that. I don't want And if you think That's all I'm gonna tell you. I don't No, I So let's move on. MS. SMALLETS: Q. My question for you is what do you counsel for? MR . LAFAYETTE : Objection . It's vague and ambiguous and was otherwise asked and answered. u.s . Legal Support I www.uslegalsupport.com 293 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 54 of 108 Eric Perez Volume II June 07, 2018 THE WITNESS: 1 Counseling is still informal. 2 Normally it's a little bit more serious, a little more 3 serious than coaching, but it's still to improve 4 performance, behavior or conduct or attendance. MS. SMALLETS: 5 Q. So I'm still looking at the 6 PD log and we're on page DEF 195. 7 to an oil mist reclassifier. 8 MR. LAFAYETTE: 9 previously asked and answered. MS. SMALLETS: 10 Objection. Q. The next entry refers This has all been Do you see that entry? 11 A. Yes. 12 Q. Did you discuss that entry with Cameron Curran 13 14 15 16 17 18 19 at any point in time? A. I don't recall, but I'm not saying I didn't. just don't recall it. Q. Did you discuss that entry with Ciara at any point in time? MR. LAFAYETTE: THE WITNESS: 21 MS. SMALLETS: 22 that incident at all? 23 the document. 25 Objection. It's previously asked and answered. 20 24 I I don't recall. Q. Do you recall anything about Again, I understand you can read I'm asking if you can recall anything. MR. LAFAYETTE: vague and ambiguous. Objection. Your question is It's overbroad. U.S. Legal Support I www.uslegalsupport.com 294 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 55 of 108 Eric Perez Volume II June 07, 2018 MS. SMALLETS: 1 Q. And my question is, I 2 understand that that's sort of what's going on from 3 Shell's perspective at this point in time. 4 is, as of say the date of Ciara's termination, did you 5 believe that she paid all those hours back? 6 A. I don't believe so. 7 Q. Let's take a look at the next page . My question There's a 8 reference to -- I'm sorry. 9 flare sample, there's a reference to an FXG flare 10 sample. 11 MR. LAFAYETTE: 12 MS. SMALLETS: 13 MR. LAFAYETTE: 14 MS. SMALLETS: 15 THE WITNESS: 16 MS. SMALLETS: 17 18 Did you ever talk -- the FX Which page are you on? The next page. 197? Correct. Yes. Q. Do you have a memory of anything related to this entry? MR . LAFAYETTE: Objection. 19 vague and ambiguous, memory. 20 THE WITNESS: 21 MS. SMALLETS: 22 23 The question is Say that again . Q. Sure. I'm asking if you have any memory of anything relating to this PD entry. MR. LAFAYETTE: Objection . 24 vague and ambiguous, memory . 25 THE WITNESS: The question is I want to -- yes. U.S. Legal Support I I'd like to I www.uslegalsupport.com 298 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 56 of 108 Eric Perez Volume II June 07, 2018 1 say something about the prior ones though because I did 2 sit down with Ciara, with me and Christine and went over 3 some of the stuff that was on the PD file, but I'm not 4 specifically sure if it was one of the ones that you had 5 asked me about earlier. 6 your prior questions. 7 MS. SMALLETS: 8 9 A. I think I misunderstood one of I'd just like to clarify. Q. Okay. Which question? You asked if I remembered talking to Ciara about it. The way I assumed the question was were me 10 and Ciara talking about these incidents. 11 a report of some of the stuff that we saw on Ciara that 12 we sat down with me, Christine Layne, the union steward 13 and Ciara, and some of that was included, but I'm not 14 sure what specific items on her PD file that we 15 addressed during that conversation. MR. LAFAYETTE: 16 17 hour, over an hour. 18 MS. SMALLETS: 19 clarify a few things. 20 Q. I did prepare We've been going for about an Can we take a break? Give me a couple minutes to You said prepared a summary of the report of 21 things or something, but you used the words we saw. 22 is we? ' MR. LAFAYETTE: 23 , Who I don't know what you're asking 24 him now. Can I have the answer back so we can share the 25 context of what she's referring to in we saw? U.S. Legal Support J www.uslegalsupport.com 299 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 57 of 108 Eric Perez Volume II June 07, 2018 1 (Record read . ) 2 MR . LAFAYETTE: 3 ambiguous. 5 Can you clarify, please? MS. SMALLETS: 4 things we saw . Q. You said something about the I'm asking who saw the things. MR. LAFAYETTE: 6 So your question is vague and Objection. You 7 mischaracterized the witness's testimony and you took 8 what he said completely out of context. THE WITNESS: 9 Going off the PD log , Jeff Andre 10 saw stuff, Jeff Fischer saw stuff, going off what the 11 document here. 12 her a lot at all. 13 on straight days. Me and Ciara -- I wasn't -- I didn't see They're on a rotating shift and I'm 14 MR. LAFAYETTE: 15 MS. SMALLETS: 16 17 Can we take a break now? Let me finish clarifying his last answer and then we can take a break. Q. I want to make sure I understood your 18 correction . 19 me previously that you didn't talk about the entries 20 with Ciara, you were referring to you and Ciara didn't 21 have any one-on-one conversations; is that right? 22 A. No. So you're saying that when you were telling That's not what -- I wanted to I 23 misunderstood your question -- I'm assuming I 24 misunderstood one of your prior questions where you 25 asked if me and Ciara would talk about this and I told U.S. Legal Support I www.uslegalsupport.com 300 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 58 of 108 Eric Perez Volume II June 07, 2018 1 supposed to be aligning on the 10 new hires? A. 2 Like what their second job would be. 3 10. 4 what would their third job be. 5 6 There•s So if some of them might have had a second job, Q. Were you discussing the new hires• job performance in that meeting? 7 A. I don•t recall that, no. 8 Q. You were discussing training on their second 9 10 and third job? A. Yeah. Yeah. I want to say they were already 11 placed on teams by this time. 12 their teams. 13 can we make this department more flexible. 14 15 Q. They were already on It was like looking down the future how Do you recall what was discussed about what Ciara•s second or third job should be? 16 A. No, 17 Q. Do you recall if you did discuss what her 18 19 I don•t recall. second job should be? A. I just -- I don•t recall. I just don•t recall. 20 It was probably around every new hire we had what their 21 second and third job. 22 Q. I just don•t recall the details. Did you ever tell Cameron Curran that you 23 thought he should do anything different in the way he 24 was supervising Ciara? 25 MR. LAFAYETTE: Objection. U.S. Legal Support I It•s been , www.uslegalsupport.com 315 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 59 of 108 Eric Perez Volume II June 07, 2018 1 previously asked and answered. MS . SMALLETS : 2 Q. Did you ever tell Cameron 3 Curran that you thought there was anything different he 4 should do in the way he was supervising Ciara? MR. LAFAYETTE: 5 6 and answered . Objection . Overbroad. Vague and ambiguous. 7 THE WITNESS: 8 (Exhibit 33 was marked.) MS. SMALLETS : 9 Previously asked No . Q. The court reporter has given 10 you a document marked as Exhibit 33. 11 DEF 124 through 129. 12 Christine Layne cc•ing yourself and Mike Beck on 13 September 21st . 14 15 16 A. It ' s bates stamped It's an e-mail that you sent to , Do you recall sending that e-mail? I don ' t recall sending it, but if my name is on it I'm sure I did. Q. And it refers to -- the first two pages it 17 says -- it starts by saying "9/20/16 interview Jeff 18 Fischer, Attendees Guy Rozar and Eric Perez." 19 see that? 20 A. Yes. 21 Q. Does that refresh your recollection that you Do you 22 and Guy Rozar interviewed Jeff Fischer on September 23 20th? 24 A. Yes. 25 Q. Was Guy Rozar the refinery team lead at that U.S. Legal Support I www.uslegalsupport.com 316 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 60 of 108 Eric Perez Volume II June 07, 2018 1 Christine, Ray Jones, Nick, at the end of that meeting 2 we asked her to give us some details about what she's -- 3 is there anything going on. 4 wouldn't give us any kind of details. 5 on her days off, she came back, I asked her again. 6 that time she didn't give us no details. 7 point we said we gotta start investigating without her 8 input and that's why we started this investigation with 9 Jeff Fischer and Cameron. 10 Q. At that time she said she So when she went At So at that And on the page that's bates stamped DEF 125, 11 the first full bullet point at the top, last couple of 12 lines, it says 13 wake her up. Jeff still has the text and will send it 14 to Eric Perez. 11 11 0ne time Jeff said he had to text her to Do you see that? 15 A. Yes. 16 Q. Did Jeff ever send you that text? 17 A. I don't recall, but if he did you guys would 18 have -- I don't recall. 19 MR. LAFAYETTE: 20 MS. SMALLETS: 21 MR. LAFAYETTE: I think it's been produced. I don't think it exists. I think it's been produced. 22 You just don't know what you're looking at. 23 it's been produced. 24 25 MS. SMALLETS: I'm certain I've seen it. Q. Did you and Guy Rozar interview Cameron Curran? U.S. Legal Support I www.uslegalsupport.com 318 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 61 of 108 Eric Perez Volume II June 07, 2018 1 A. Yes. 2 Q. Do you recall what day that interview took 3 place? 4 A. I don't recall . 5 Q. I'm looking at page DEF 926. 6 A. 926? 7 Q. I'm sorry. 8 "Question: 9 spill." 126. I'm sorry. It says here Tell me about the incident with the acid Do you see that? 10 A. Yes. 11 Q. How did you know to ask him about the incident 12 13 with the acid spill? A. I want to say that was part of the discussion 14 we had with Ciara, Ray Jones, Nick Backens, Christine 15 Layne, and it was on her PD file. 16 17 18 19 Q. The incident with the acid spill was on her PD file? A. I thought it was. I'd have to look at her PD file. 20 Q. Okay. 21 A. Is this the whole PD file here? 22 Q. To the best of my knowledge. 23 A. I read it somewhere . 24 25 Let's look at the PD file, Exhibit 16. been in the PD file. Q. Okay. I thought it would have I stand corrected . What do you recall knowing about the U.S. Legal Support I www.uslegalsupport.com 319 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 62 of 108 Eric Perez Volume II June 07, 2018 1 incident with the acid spill prior to talking to Cameron 2 Curran? MR. LAFAYETTE: 3 4 Objection. been asked and answered. 5 THE WITNESS: 6 MS . SMALLETS: 7 THE WITNESS: This has previously It's cumulative . Prior to talking to Cameron? Yes. I don't recall anything that I 8 knew about it prior to talking to Cameron . 9 recall. 10 11 MS. SMALLETS : Q. I don't Do you recall what Ciara said about it in the meeting with the union rep? 12 MR. LAFAYETTE: 13 (Record read.) 14 THE WITNESS: Can I have the question back? • Now you got me questioning if it 15 was part of that meeting. 16 notes and summary, I don't know if it was part of the 17 meeting with Christine Layne, Ray Jones and Nick 18 Backens . MR . LAFAYETTE: 19 20 Unless I look at my meeting Have those been marked, Counsel? 21 MS. SMALLETS: Q. Did you take handwritten 22 notes at the meeting with Christine and Nick and Ray 23 Jones? 24 A. I don't recall. 25 Q. Did you take any handwritten notes of the • U.S. Legal Support J www.uslegalsupport.com 320 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 63 of 108 Eric Perez Volume II June 07, 2018 1 interview with Cameron Curran? 2 A. I believe these are it and I retyped it. 3 Q. Did you type when you were talking to him? 4 A. No. If I took handwritten notes, then I typed 5 it up afterwards is what I'm I guess -- I don't recall 6 if I took handwritten or -- knowing me, I probably took 7 handwritten and then typed it. 8 9 10 Q. And when you're talking about notes of the August 2nd meeting, are you talking about something that's handwritten or typed? 11 A. The August 2nd meeting? 12 Q. I'm sorry. 13 The meeting with Christine and Ciara and the union rep. 14 A. Say the question again, please. 15 Q. Sorry. 16 Did you take handwritten notes during the meeting with Christine and Ciara and the union rep? 17 MR. LAFAYETTE: 18 THE WITNESS: 19 Previously asked and answered. I just don't recall if I did or I didn't on that particular meeting. 20 MS. SMALLETS: Q. You were talking about -- 21 you said something about you wanted to look at your 22 summary of the meeting. 23 it is. 24 25 , MR. LAFAYETTE: I'm trying to figure out what The talking points. Do you know what I'm talking about? U.S. Legal Support I www.uslegalsupport.com 321 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 64 of 108 Eric Perez Volume II June 07, 2018 1 2 MS. SMALLETS: I know what you're talking about, but those are not notes of the meeting. 3 MR. LAFAYETTE: 4 help refresh his recollection. 5 suggesting . That's all I'm , MS. SMALLETS: 6 I know, but that would probably Q. So what we were just 7 discussing is I've seen handwritten notes that Christine 8 Layne took and she testified about. 9 notes that you took . 10 MR. LAFAYETTE: 11 literal. 12 the talking points. I think we're being a bit too That's why I'm saying maybe we should look at 13 MS . SMALLETS: 14 written prior to the meeting. I think the talking points were MR . LAFAYETTE: 15 I haven't seen any That's what I'm talking about 16 too. 17 refresh his recollection, that may be what you want to 18 use. 19 What I'm basically suggesting, if you're trying to That's all I'm saying . MS . SMALLETS: And just so we're clear, you're 20 referring to talking points that were written prior to 21 that meeting? 22 MR. LAFAYETTE: Exactly. That's what I'm 23 talking about, and what I'm saying to you is we may be 24 being a bit too literal . 25 MS. SMALLETS: That's all I was saying. I just want to make sure we're U.S. Legal Support I www.uslegalsupport.com 322 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 65 of 108 Eric Perez Volume II June 07, 2018 1 on the same page. 2 anything that Mr. Perez wrote after that meeting writing 3 down what he said. MR. LAFAYETTE: 4 5 that I have. Okay . I'm just trying to make sure you're not saying that you think there is. MR. LAFAYETTE: 8 9 I have given you everything Okay? MS . SMALLETS: 6 7 As far as I'm aware, there's not The only thing I'm telling you is I've given you everything that I have and I think 10 that you might want to try and refresh his recollection 11 with those notes, those notes that I told you about. 12 MS. SMALLETS : Q. Do you recall preparing any 13 talking points for the meeting with Ciara prior to the 14 meeting? 15 A. Yes. 16 Q. Do you recall preparing -- as you sit here 17 today, do you recall preparing anything after the 18 meeting in which you wrote down either by hand or typing 19 what happened at that meeting? 20 A. I believe the way that meeting went I went over 21 my talking points and Christine did the notes. 22 couldn't do my talking points and notes. 23 that's the way it went. 24 25 Q. I I believe Did Ciara say anything in that meeting? MR. LAFAYETTE: We've covered this before. U.S. Legal Support I www . uslegalsupport.com 323 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 66 of 108 Eric Perez Volume II June 07, 2018 1 THE WITNESS: 2 MS. SMALLETS: 3 THE WITNESS: 4 recall what she said. 5 MS. SMALLETS: Did she talk at all? Yeah. I believe she talked, but I don't Q. Just so I'm clear, what she 6 said wouldn't be in your talking points because you 7 prepared the talking points before the meeting; right? 8 A. My talking points -- yes. 9 Q. So my question is, do you remember -- did you 10 remember anything that Ciara said about the acid spill 11 in that meeting? 12 MR. LAFAYETTE: 13 THE WITNESS: You just asked him that. So I don't know if the acid 14 spill -- that's what I was saying. 15 acid spill was part of that meeting unless I see my 16 summary or my talking points or Christine's notes is how 17 I would know if the acid spill was part of that meeting 18 or not. 19 MS. SMALLETS: Q. I don't know if the And at the time you 20 interviewed Cameron, do you have any recollection as to 21 how you knew to ask him about the acid spill? 22 MR. LAFAYETTE: Objection. It's argumentative. 23 It's been asked and answered, and he's been begging for 24 something from you. 25 THE WITNESS: How I knew about the acid spil1 U.S. Legal Support I www.uslegalsupport.com 324 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 67 of 108 Eric Perez Volume II June 07, 2018 1 is what you're asking? 2 MS . SMALLETS: 3 THE WITNESS: Yeah. I'm sure me and Cameron -- me and 4 Cameron talked or e-mailed , but I just don't recall the 5 e-mails that were sent back and forth for me and Cameron 6 unless we have something . MR . LAFAYETTE: 7 8 2 (} . MS . SMALLETS: 9 10 I can't tell if this is Exhibit You're welcome to look at Exhibit 20 if you want. 11 MR . LAFAYETTE: Do you have Christine's notes? 12 I'm just saying -- I'm just trying to make sure that we 13 do something soon that can refresh his recollection. 14 That's all . THE WITNESS : 15 16 I'm not trying to do anything else. So I don't see in Exhibit 20 the acid spill. MS. SMALLETS: 17 Q. Just so we're clear, Exhibit 18 20 says "Christine, here's my draft of the discussion 19 with Ciara" and so this was all prepared in preparation 20 for that meeting; right? 21 A. Yes . 22 Q. You ask Cameron about the acid spill. 23 What do you recall Cameron telling you? 24 A. I don't recall asking him. 25 Q. It says "Tell me about the incident with the U.S. Legal Support I www.uslegalsupport.com 325 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 68 of 108 Eric Perez Volume II June 07, 2018 1 acid spill. 2 response?" 3 question Guy asked? 4 5 6 7 8 9 A. How did that go? Is that a question you asked? Is that a Did no one ask that question? It was asked if it was here, but I don't recall if I or Guy did it. Q. What was your and Ciara's It was asked. Do you recall anything about what Cameron said in response? A. Let me see. recall Cameron Just what's written. I don't I mean -- I don't recall the 10 conversation, but if it's here I'm sure I took the notes 11 or Guy and we typed it up. 12 Q. So looking at this first bullet point, it 13 says -- I might skip ahead a little bit "At the end 14 of the day Cameron was reviewing the shift reports and 15 saw that Ciara reported there was an acid spill." 16 where I'm at? See 17 A. Yeah. 18 Q. "Cameron asked her how she knew about it and 19 she said she overheard the conversation with Cameron and 20 the vendor. 21 shift team lead the shift it happened on." 22 "I told her if she left it in her shift report the 23 operator might get in trouble and he wanted to talk to 24 the shift team leader about the incident . " 25 Cameron explained he's going to talk to the And it says Is the "I" in that sentence referring to U.S. Legal Support I www.uslegalsupport.com 326 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 69 of 108 Eric Perez Volume II June 07, 2018 1 2 3 Cameron or is that something you said? A. No. The statement -- the I told her if she -- that ain't nothing I said about her in the shift report. 4 Q. Is this something Cameron said? 5 A. I'm assuming Cameron were -- the shift team 6 lead were asking Cameron the question. 7 I, it's what Cameron said. 8 9 10 Q. If it's with an Take a look at that entire first bullet point and let me know if you believe that that was an accurate statement of what Cameron told you. 11 A. Say your question again. 12 Q. Do you believe that that was an accurate -- 13 that that first bullet point is an accurate summary of 14 what Cameron told you? 15 A. I don't remember what Cameron told me, but if 16 it's here -- I just can't compare the conversation we 17 had and what's written here. 18 If it's in here, it's probably accurate with the notes 19 that were taken. 20 21 22 Q. • It's just too long ago. And you wrote this within how long? Do you know how long after the interview you wrote this? A. I don't know if it was me or Guy that wrote 23 this. If one of us was asking the questions, the other 24 one was taking the notes. 25 process worked . I just don't recall how that U.S. Legal Support I www.uslegalsupport.com 327 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 70 of 108 Eric Perez Volume II June 07, 2018 1 Q. And when you sent this to Christine and Mike 2 Beck, did you believe you were sending them an accurate 3 summary of what happened in that meeting? 4 A. Yes. 5 Q. Let's take a look at the second bullet point 6 that's now on page DEF 127. 7 A. Okay. 8 Q. Do. you believe that this is an accurate summary 9 of what Cameron told you in that meeting? 10 11 MR . LAFAYETTE : Cumulative. Same objection as before. It requires the witness to speculate . 12 THE WITNESS: 13 MS . SMALLETS: Yes . Q. The next question is -- I'm 14 still reading the same document 15 issues on how it was handled?" "Did she bring up any Do you see that? 16 A. M-hm. 17 Q. And then take a look at the 18 19 point below that question Cameron's response? A. Yes . 20 MR. LAFAYETTE: 21 MS. SMALLETS: 22 is the bullet Q. Are you at the bottom of 127? Yes. And do you believe that what was in this bullet 23 point is an accurate description of Cameron's response 24 to that question? 25 MR. LAFAYETTE: Objection. U.S. Legal Support I Requires the www.uslegalsupport.com 328 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 71 of 108 Eric Perez Volume II June 07, 2018 1 witness to speculate . Lacking in foundation. 2 THE WITNESS: Yes. 3 MS. SMALLETS: Q. After you had this interview 4 with Cameron , did you do anything to follow up on any of 5 the things that Cameron said other than sending this 6 summary to Christine and Mike Beck? MR. LAFAYETTE: 7 8 in evidence. 9 foundation. Assumes a fact not Requires the witness to -- it's lacking in 10 THE WITNESS: 11 MS . SMALLETS: 12 Objection . I don ' t recall. Q. Did anything that Cameron said to you during that interview cause you any concern? MR . LAFAYETTE : 13 Objection. 14 It's vague and ambiguous . 15 unspecific. 16 THE WITNESS : 17 MS . SMALLETS: 18 THE WITNESS: 19 MS . SMALLETS: It's overbroad. It requires a summary . I t's Let me take a look at it . Sure . No. Q. Cameron said that -- if you 20 look at the bottom of the second bullet point, Cameron 21 said that he didn't want Ciara to get a reputation of a 22 tattletale. Do you see that? 23 A. What page? 24 Q. DEF 127. 25 1 MR. LAFAYETTE: Where? U . S. Legal Support I www.uslegalsupport.com 329 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 72 of 108 Eric Perez Volume II June 07, 2018 MS . SMALLETS : 1 2 Q. The bottom of the -- the first bullet point on that page . MR . LAFAYETTE: 3 You misread the statement. The 4 statement was more expansive. It said the reason that 5 Cameron talked to her about quote, "The reason 6 Cameron talked to her about putting it in her shift 7 report was he wanted to handle it with the team leader 8 and didn't want Ciara to get a reputation of 9 tattletale," close quote. 10 MS. SMALLETS : Q. Do you see that? 11 A. Yes. 12 Q. Do you believe that if Ciara had put that 13 information in her shift report that would have given 14 her a reputation as a tattletale? MR . LAFAYETTE: 15 Objection . Requires this 16 witness to speculate. 17 deposition. 18 to the discovery of admissible evidence . 20 It's not relevant nor is it likely to lead THE WITNESS: 19 It's an improper opinion in the It would be all speculation . I couldn't tell you what other people would think. 21 MS . SMALLETS: Q. Do you think that if Ciara 22 had put that in her shift report in your opinion would 23 that make her a tattletale? MR. LAFAYETTE: 24 25 that. Objection. Objection. He just answered It requires an improper opinion. U.S. Legal Support / www.uslegalsupport.com 330 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 73 of 108 Eric Perez Vol ume II June 07 , 2018 1 Objection . 2 hypothetical . 3 evidence . An incomplete Requires him to assume facts not in THE WITNESS: 4 5 It requires speculation . Can you repeat the question? If I thought she was a tattletale if she did that? 6 MS . SMALLETS: 7 THE WITNESS: Yeah. Honestly, I wouldn't have an 8 opinion one way or the other . 9 reports all the time that are about previous shifts that 10 I never think that they're not tattletales or - - I don't 11 know . 12 13 I don't know . MR . LAFAYETTE: On this particular scenario -Go ahead . You're done. MS. SMALLETS: 15 MR. LAFAYETTE: 16 MS. SMALLETS : 17 about to say . 18 testimony. Q. What were you about to say? What? I was asking him what he was I want to make sure I got his full MR. LAFAYETTE: You did get his full testimony. 20 If you have a question, ask a question . 21 question? 22 23 24 25 You've answered. 14 19 Stuff goes in shift MS. SMALLETS: Q. Do you have a The question was what were you about to say? MR . LAFAYETTE : for a deposition. That's not a proper question Are you done? U.S. Legal Support I www.uslegalsupport.com 331 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 74 of 108 Eric Perez Volume II June 07, 2018 1 THE WITNESS : 2 MS. SMALLETS: Yeah. Q. I'm done. Okay . As the production 3 supervisor, did it cause you - - does it cause you any 4 concern to learn that a shift team leader instructed an 5 operator to take information out of a shift report? MR . LAFAYETTE: 6 Objection. That's an 7 incomplete hypothetical. 8 Misstates the witness and it's argumentative . THE WITNESS : 9 Misstates the testimony. I don't believe that -- I don't 10 know what Cameron's intent was here. 11 trying to protect her . 12 speculating what Cameron -- I don't know. MR . LAFAYETTE: 13 He might have been I'm just You don't have to speculate. 14 Don't speculate. The one thing you don't have to do is 15 speculate in this room. 16 speculation and saying instead it was your sworn 17 testimony and then she'll say you've lied. 18 speculate in this room. 19 THE WITNESS: 20 MS. SMALLETS: 21 22 23 She will wind up taking that I don't know what his intent was. Q. trying to protect her. A. Don't You said he might have been From what? I don't know . MR . LAFAYETTE: 24 objection . 25 Incomplete hypothetical. You see, that's where the -- It's argumentative. Requires speculation . .• U.S. Legal Support I www.uslegalsupport.com 332 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 75 of 108 Eric Perez Volume II June 07, 2018 1 2 MS. SMALLETS: Can you read my previous question back? 3 (Record read . ) 4 MR. LAFAYETTE: What I'm trying to do, Counsel, 5 there's something I need to get done . 6 break shortly to get it done. 7 MS. SMALLETS: 8 MR . LAFAYETTE : 10 12 MS. SMALLETS: Okay . Q. Do you need to have the question reread again? A. Yes. 13 (Record read.) 14 MR. LAFAYETTE: 15 Let's finish this line of questioning. • 9 11 I need to take a And can you read what he said after that? 16 (Record read.) 17 MR. LAFAYETTE : He answered you and he said 18 he'd be speculating and now you're trying to get him to 19 speculate. That's argumentative . MS . SMALLETS : 20 Q. That's harassment. So my question to you -- I 21 wasn't asking you about Cameron's motivation. 22 want you to speculate about Cameron's motivation . 23 not concerned at the moment about Cameron's motivation. 24 I'm saying you're Cameron's boss; right? 25 A. I don't I'm M-hm. U.S. Legal Support I www.uslegalsupport.com 333 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 76 of 108 Eric Perez Volume II June 07, 2018 1 Q. I'm saying as Cameron's boss, did learning that 2 Cameron says to Ciara take this information out of her 3 shift report, does that concern you in any way? MR. LAFAYETTE: 4 It's an incomplete 5 hypothetical . It's an incomplete statement. 6 entirety of the statement because now she's taking it 7 out of context. 8 to speculate. It's not what happened and requires him It's argumentative. THE WITNESS: 9 Read the I just -- I feel I just don't 10 know enough of the details on how this conversation with 11 Cameron and Ciara went. 12 MR. LAFAYETTE: Okay. That's fine. Do you 13 have a comment because you're staring at me and mocking 14 me and everything else. , 15 MS. SMALLETS: 16 That is coaching the witness. 17 that. 18 Did you just say that's fine? MR. LAFAYETTE: You need to stop doing Let's move on. 19 to do anything -- just move on. 20 questions. 21 22 23 24 25 MS. SMALLETS: witness's testimony. MR. LAFAYETTE: your comments. You just want Just ask your Please do not comment on the ' I'm not going to respond to Just take a deposition, please. MS. SMALLETS: Q. You said you needed to know U.S. Legal Support I www.uslegalsupport.com 334 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 77 of 108 Eric Perez Volume II June 07, 2018 1 more information essentially. Did you ask Cameron for 2 more information after you conducted this interview? 3 A. After I conducted this with Cameron? 4 Q. Yes. 5 A. I don't recall. 6 Q. Did you ask Ciara for any more information? 7 A. In September? 8 Q. What additional information would you need to 9 know? 10 I don't recall. " MR . LAFAYETTE: Objection. It's vague, 11 ambiguous, uncertain and unintelligible with regard to 12 time . It is -- go ahead. 13 THE WITNESS: 14 what are you asking? MS . SMALLETS: 15 Information on the acid spill or • Q. I said to you as Cameron's 16 boss did Cameron saying to Ciara, based on what he says 17 himself, that he told her if she left it in the shift 18 report the operator might get in trouble, that she can 19 leave it in but the operator may get in trouble . 20 see that? 21 A. 22 Do you Yes . MR. LAFAYETTE: Counsel, when you can I really 23 do -- Counsel, stop putting your hand in front of my 24 face like that . 25 Okay? MS . SMALLETS: ' My hand is many feet from your U.S. Legal Support I www.uslegalsupport.com 335 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 78 of 108 Eric Perez Volume II June 07, 2018 1 face. MR. LAFAYETTE: 2 I know they are now. They're 3 on your side like they didn't come up around the table. 4 Just listen to me. 5 need to get something done, I am looking at the clock 6 and I really do. 7 than my job . I'm not trying to do anything other So just let me take -- MS. SMALLETS: 8 9 When I ask you for a break because I We can take a break as soon as we finish this line of questioning. 10 MR . LAFAYETTE: You keep saying that and it 11 keeps going on and on and on . 12 MS . SMALLETS: 13 question . 14 witness's testimony . You're interrupting my ability to get the MR . LAFAYETTE: 15 We're still asking the same I need to let somebody know 16 something and so tell me when you think that's going to 17 be. 18 MS . SMALLETS: 19 MR . LAFAYETTE: 20 21 need to resolve. Five minutes . I have a serious issue that I , MS . SMALLETS: Five minutes . 22 deposition. 23 expect you to take that seriously . 24 25 We're in a That is a serious court proceeding and I MR. LAFAYETTE : tired of the insults. I'm going to take a break. Okay? U.S. Legal Support I'm I'm really tired of the I www.uslegalsupport.com 336 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 79 of 108 Eric Perez Volume II June 07, 2018 1 insult. I•m taking a break. 2 asked you carefully. 3 you time. 4 ignore me. I need to do something. I asked you graciously. I give (Recess taken.) 6 MS. SMALLETS: Q. So I had asked you before we 7 took a break, you know, if you had any concerns about 8 this as Cameron•s boss and you said you•d need some 9 additional information. 11 12 I •m asking you what additional information would you need? A. In particular about having it in the shift report? 13 Q. Yes. 14 A. How she wrote it, what she wrote, how was it 15 worded, was there names involved. 16 Q. 17 involved? 18 A. 19 Why would it matter if there were names I guess it would be in the content that she was writing it. 20 Q. And did you ask anyone any of those things? 21 A. I don•t recall . 22 Q. Did you give Cameron Curran any feedback 23 regarding his statement to Ciara that if she left this 24 in the shift report the operator might get in trouble? 25 f I tell you I need to do it and you just 5 10 I MR. LAFAYETTE: Objection. U.S. Legal Support I It misstates the www.uslegalsupport.com 337 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 80 of 108 Eric Perez Volume II June 07, 2018 1 document. 2 it says . The document is its own best evidence of what 3 THE WITNESS: 4 MS . SMALLETS: 5 Yeah. Q. I don't recall. f Did you tell him that you thought he had done anything inappropriate? MR. LAFAYETTE: 6 Objection . 7 based upon the prior answer . 8 the witness . 9 speculation. 10 It's argumentative Lacking in foundation with Assumes facts not in evidence . THE WITNESS: Requires I don't recall a conversation 11 about any of this unless we had -- unless there's 12 something that I had written, but I don't recall. MS. SMALLETS: 13 Q. Is there a period of time 14 that an employee can be late for their shift before 15 their pay gets docked, an operator? MR. LAFAYETTE : 16 Objection. This is cumulative. 17 May require this witness to speculate. 18 foundation. 19 THE WITNESS: Yes . 20 MS. SMALLETS: Q. 21 22 23 Lacking in How long is that period of time? A. Before their pay gets docked? I want to say they're officially late -- which schedule? 24 Q. I'm talking about the OPCEN operators . 25 A. The rotating shift operators? U.S. Legal Support I www.uslegalsupport.com 338 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 81 of 108 Eric Perez Volume II June 07, 2018 1 testimony of Christine Layne, Cameron Curran, Mike Beck. 2 THE WITNESS: 3 MS. SMALLETS: Can you repeat the question? Q. If an operator who is coming 4 in starting a shift and going to be late, are they 5 allowed to ask the outgoing operator to stay to cover 6 for them? • MR. LAFAYETTE: 7 Objection. Assumes a fact not 8 in evidence. 9 testimony and all the other things I just said. THE WITNESS: 10 11 Incomplete hypothetical. Cumulative If they're going to be late, they should be involving the shift team leader. MR. LAFAYETTE: 12 Look at me again when I 13 sniffle, okay, and I'm going to walk out of here. 14 can't do a thing in this room without -- I have sinus 15 issues. 16 doctor recently and had to do procedures. 17 don't want to have to sit in a room where if I sniffle, 18 if I do anything, you start looking at me like that. 19 It's inappropriate. 20 I You know it because you knew that I went to the Okay? I So let's move on. MS. SMALLETS: Counsel, you just literally said 21 that it was inappropriate for me to look at you because 22 you sniffled. 23 MR. LAFAYETTE: 24 MS. SMALLETS: 25 Like that. Like that. Is that the position you're taking? u.s. Legal Support I www.uslegalsupport.com 340 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 82 of 108 Eric Perez Volume II June 07 , 2018 MR. LAFAYETTE: 1 2 accusatory thing. MS. SMALLETS: 3 4 you. 5 you're making noises. MR . LAFAYETTE : please. Let's move the deposition on, I would love to move the deposition on. 10 MR. LAFAYETTE: 11 MS. SMALLETS: 12 I looked at Okay? MS. SMALLETS: 8 9 You made a noise. You have accused me of not looking at you when 6 7 I'm taking like that, this Then do it. However, you are the one who is stopping it. 13 MR . LAFAYETTE: 14 MS . SMALLETS : Then do it. Q. You said -- I'm sorry . 15 got distracted. 16 the shift team leader, something like that? 17 18 Your previous answer was they involved MR . LAFAYETTE: Ask the court reporter to read it back. 19 (Record read.) 20 MS. SMALLETS: 21 I Q. Involving the shift team leader to do what? 22 A. To let him know they're going to be late . 23 Q. Then what happens? 24 A. If they call the shift team leader, notify them 25 they're going to be late U.S. Legal Support I www.uslegalsupport.com 341 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 83 of 108 Eric Perez Volume II June 07, 2018 MR. LAFAYETTE: 1 2 he answers. 3 facts. I'll make an objection before It's an incomplete hypothetical. May require him to speculate. 4 THE WITNESS: 5 happens after they call him? 6 MS. SMALLETS: 7 THE WITNESS: 8 MS. SMALLETS: 20 minutes. 9 MR. LAFAYETTE: Objection. -10 Assumes The shift team leader -- what Yes. How late are they? It's still an incomplete hypothetical. THE WITNESS: 11 Per Shell policy, three tardies 12 is an incident toward an attendance program. 13 gotta document that. 14 files and tracking tardies. 15 the timekeeping card that they were tardy. 16 be - - OPCEN has a spreadsheet where they track tardies, 17 track absences, track incidents towards the attendance 18 policy. 19 there's a tardy or anytime there's an absence. 20 21 So they They should be logging it in PD They should document it in They should So the team leader needs to be involved anytime MS. SMALLETS: Q. You said OPCEN has a spreadsheet where they track tardies? 22 A. Yeah. 23 Q. What's that called? 24 A. Some of them -- they either have a spreadsheet 25 , Does it have a name? or a book that just tracks tardies and absences. U.S. Legal Support I www.uslegalsupport.com 342 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 84 of 108 Eric Perez Volume II June 07, 2018 1 Q. And are tardies tracked -- how many minutes 2 does the person have to be tardy before it gets tracked 3 on that spreadsheet? MR. LAFAYETTE: 4 Objection . May require this 5 witness to speculate. 6 person most knowledgeable on this subject . THE WITNESS: 7 8 He's not been designated as the I believe it's 15 minutes after their start time they're tardy. MS. SMALLETS: 9 Q. And are you aware of any 10 instance in which an operator has been allowed to have 11 another operator stay to cover for them because they're 12 going to be, say, 20 minutes late? MR . LAFAYETTE: 13 14 Objection . 15 foundation. Relevancy . May require him to speculate. Lacking in Incomplete hypothetical. THE WITNESS: 16 Objection. It's happened before . I haven't 17 been a shift team leader in many years, so I don't know 18 if it's a lot of that going on or not currently today. 19 I couldn't give you an accurate answer since I've been 20 out of that rotating shift team leader role for many 21 years . 22 23 MS . SMALLETS: Is that something that went on during the time you were the shift team lead? 24 25 Q. A. the It would occasionally happen, but the way that the shift team leaders were always told if an U. S. Legal Support I www.uslegalsupport.com 343 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 85 of 108 Eric Perez Volume II June 07, 2018 1 operator is going to be tardy that they should be 2 involved . 3 operators are walking through the gate. 4 to be made known of it, of a tardy, for them to get 5 involved. 6 guess. 7 Q. The shift team leaders aren't there as They would have They would have to be made known of it I Did that answer your question? I think so. Let me ask a clarifying question . 8 You said the shift team leaders aren't there when the 9 operators are walking through the gate . 10 11 Is there somewhere else they're sort of scheduled to be? A. OPCEN is a little different. Their shift team 12 leader office is in the same building as the operators. 13 Not all departments are like that. 14 leaders are giving their turnover to their relief . 15 Q. I think I got this. But the shift team Let me make sure. So at 16 the scheduled time for the operators to arrive, that's 17 the point in time when the shift team leaders are giving 18 their turnover to their relief? 19 A. Yes. 20 Q. How long does that typically take if you know? 21 A. It varies. Probably about 15 minutes. 22 (Exhibit 34 was marked . ) 23 MS. SMALLETS: Q. The court reporter has given 24 you a document that's marked as Exhibit 34. 25 stamped DEF 2009 through 2011. U. S. Legal Support It's bates There's an e-mail from I www.uslegalsupport.com 344 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 86 of 108 Eric Perez Volume II June 07, 2018 1 regarding? 2 A. Looks like Ciara for sure. 3 Q. Anybody else? 4 A. I don't recall. 5 Q. Did Richard Metcalf provide feedback regarding 6 7 any of the new hires? A. I don't recall. Yeah. I don't know if this is 8 Cameron's, Richard's or whose, this right here. 9 don't know whose this is. 10 I just I'm assuming it's Cameron because it got forwarded from Cameron. Okay. Sorry. 11 Q. Take a look at Exhibit 22 for a second. 12 A. From today? 13 Q. It's from the original set. 14 A. Okay. 15 Q. We talked about this that this is a screenshot 16 of a Lync/Skype communication. It's a one-page 17 document. 18 appears that you e-mailed it to yourself on July 29th. 19 Is that the case? I'm actually looking at the top part and it Did you e-mail this to yourself? 20 A. I'm sure I did if it's like that, yes. 21 Q. Do you know why did you e-mail this to 22 yourself? 23 looking at Exhibit 1. Let the record reflect that the witness is 24 A. So on the 29th -- no, I don't recall. 25 Q. During the time that you were production U.S. Legal Support I www.uslegalsupport.com 349 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 87 of 108 Eric Perez Volume II June 07, 2018 1 supervisor, were any other employees other than Ciara 2 terminated from the OPCEN department? 3 A. 4 class? 5 Q. 6 No. Hold on. Sorry. To clarify, during her , No. Just during the time you were production supervisor. 7 A. New hires or anybody? 8 Q. Anybody. 9 A. Yes. 10 Q. How many that you can recall? 11 A. Just OPCEN? 12 Q. Yes. 13 A. One. 14 Q. And was that person a man or a woman? 15 A. Man. 16 Q. And what did that person -- what were the 17 18 circumstances that led to that termination? A. He was on a -- a couple different things. Let 19 me think. Putting hours in that he said he wasn•t 20 saying he was here when he wasn•t here the total amount 21 of hours and also using a Pro card outside of Shell 22 business. 23 Q. By Pro card, using a Shell credit card? 24 A. M-hm. 25 Q. For personal use? u.s. Legal Support I www . uslegalsupport.com 350 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 88 of 108 Eric Perez Volume II June 07, 2018 1 A. Yes. 2 Q. Do you recall how much money he spent on the 3 Shell credit card for his personal use? 4 A. I don't recall . 5 Q. And do you recall roughly how many hours he 6 7 8 claimed to be at work when he wasn't? A. , The hours got him up to a certain level of discipline. The credit card is what pushed him over. 9 Q. Do you recall -- 10 A. You asked about termination, but the hours put 11 him up to a high level of discipline, but eventually 12 everything got him terminated, the hours he wasn't 13 working and the credit card. 14 hours or the amount of charges. 15 Q. I don't know the amount of I just don't recall it. Anyone terminated from the delayed coking 16 department during the time that you were the production 17 supervisor there? 18 MR. LAFAYETTE: 19 MS. SMALLETS: 20 MR. LAFAYETTE: 21 I Objection. Relevancy. He's the decision-maker. I'm not arguing with you. I'm just making my objections. 22 THE WITNESS: 23 MS. SMALLETS: Yes. Q. How many people? 24 A. One. 25 Q. Was that person a man or a woman? U.S. Legal Support I www.uslegalsupport.com 351 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 89 of 108 Eric Perez Volume II June 07, 2018 1 REPORTER'S CERTIFICATE I, NOEL CARTER DEGNAN, CSR 6921, a Certified 2 3 Shorthand Reporter, do hereby certify: 4 That the foregoing proceedings were taken 5 before me at the time and place therein set forth, at 6 which time the witness was put under oath by me; 7 That the testimony of the witness, the 8 questions propounded, and all objections and statements 9 made at the time of the examination were recorded 10 stenographically by me and were thereafter transcribed; 11 12 That a review of the transcript by the deponent was requested; 13 14 That the foregoing is a true and correct transcript of my shorthand notes so taken. 15 I further certify that I am not a relative or 16 employee of any attorney of the parties, nor financially 17 interested in the action. 18 I declare under penalty of perjury under the 19 laws of California that the foregoing is true and 20 correct. 21 Dated this 15th of June, 2018. 22 23 24 25 U.S. Legal Support / www.uslegalsupport.com 369 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 90 of 108 . I From: Perez, Eric.· G SOPUS-DMW/310 Sent: Mo11day; Augttst 2~, 2ol61Aq PM to: Chamberl~in, lan i3 SOPUS~DMW/312; Clll:tan, Ca:rheron W ~SOPUS-DMW/312; Ftegoso, Fonzo SOPUS-PMW/312; Ga~kin~?; Michael R SOP,US-DMW/312; Ooff, ·o01mie JSOPUSDMW/312; Green; Andrew JSOPUS-DMW/312; King;EdwardJSOPUS-DMW/31; Lett; Philip K SOPUS-DMW/312; Metcalf, Richard L.SOPUS-DMW/312; Miller, Paul T SOPUSbMWi3I1; Myers, Richard L SOPUS-DMW/3l2;Perez,Ei·ic G.SOPUS-D:rviW/3iO CG.: Bed~, Miihael A SOPl)S~l)MW/312 . S~bject: li1appropriate Material ,STL's; It was brought to my a.ttentioh that an appropriate sticRer was brought into the .g ates and was c;fiscp:vered py ahdther per':sqn. As a rernihd~r inappropriate materiai[s not OK to.bring iri~o work and this conduct will notbe tolerated .Can you please discuss .with your teams'this is against Shell's code of conduct policy: ·No need to document in the PO files but have the conversation with your teams. Thank yot,J g EXHIBIT l _} " f{u~ DEF 000948 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 91 of 108 ·- --------------------------. ··-,_ " I ' I DEF 000949 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 92 of 108 From: Perez, Eric G SOPUS-DMW/312 Sent: Saturday, September 17, 201610:39 AM To: Layne, Christine R SOPUS-HRN/AM CC: Beck, Michael A SOPUS-DMW/312 Subject: Fwd: 8-29-2016 Fyi Eric Begin forwarded message: From: "Newton, Ciara SOPUS-DMW/312" Date: September 17, 2016 at 8:26:04 AM PDT To: "Perez, Eric G SOPUS-DMW/312" Subject: 8-29-2016 HI Eric, I would like to follow up on our meeting August 29th 2016. We discussed previous incidents, where I felt I was being singled out and I gave you a sticker that was left on my desk that morning, reading " If your pussy hurts, just go home." You mentioned you would investigate the situation and for me to follow up via email, Sorry I'm just now getting around to it. I know it's a little late . Thanks Ciara DEF 001866 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 93 of 108 From: Perez, Erie GSOPUS-DMW/310 Sent: W¢dJH~sday, Sep~emb¢r 21, 2.016 6:59 AJvf' To: Metcalf; 'Richatdl,SOPUS-l)MW/312 Cc: Beck, Michi:tel A SQPUS-DMW/312 Subject: RE: Emailiilg: Progress Report 240 Days ." Newton, Copy Attaclililent.s: Progress · Ri~p6rt 240 Days - NeW1:6ii - Copy.dopx GONFI:OENTIAL Richard before youissue·lets ali'gn on Ciara 240 .review. I pasted you response below on her rating. I ain.notaskiiig you to chruige ruiythilig hut nl.e and.yot:nteed be aligned .on her ped'oil.na.ttce and behaviO(S since. s.h e'has been empioyed: Not just With ¢iru:a hl,lt thi~ applies to aii .o'LJt nev/hii"es C01!liilg out ofthis i~t class. I wii1 set 'up a 1heetihg notice for me·yqu and Mike to discuss after the M0nday :moming meeting, Thank .you. See ya i1ext week. ....... Thank you P.¢nnittiilg·1-5 (2) Atl.Hude./ behayiots / :energized 1-5 (4) Isolating 1~5 (2) Wotkethic Hi (4}Eveiy thipg you kno'o/ today .how likely w<>uld' you IIii:e.them today l~:S· (1 I10 an~ 5 ~s ye_s ) ~2}- · -·--- Origlnai Message----• · From; 1v!et9alf, Richlitd L SOPUS~bMWI;312, Sent: Wedf1esd!lY; Septe!llPI:lr 21, :2016' 12:2'1 AM To: Perez, E1·ic G SOPUS~DMW/312 Subject: Emailing: Progress·Report 240 Days- Newton- Copy Your message isready to be sent with the following file or link, attachments: Progress Report240 Days.- Newton- Copy Note: To protectagainst'cotnputerviruses, e-mail prq~amsmay prevent sending or receiving cerlain types of file attaclunents. Check your e-mail -security settings to detennine how attachments are·handled. DEF 000987 Case 4:17-cv-03961-YGR Document 85-7 Filed 07/31/18 Page 94 of 108 ·Consistently Worl{s Accur"nteiy·and Thoroughly at a -NormnL · .Rate; E.rror:s ,Seldom Foilitd_ln Work. Works nt an Acc~ptnble . Rnte; . .> . partjeS. must,compt~-with:theJriformatlon: M.an1iJgement standards· ):tri~f·M'~r~~Lr,~~ta'r.\( ~. e~ja:glr9 ml!~ n~_t_ q·e ;.us,e:t(~o: ~*~h(!nge_.co:rltio~nt·r~i ,inf.otm~~t6n, ·~;r tq create :.· . R~_ t()rds· · od6tir]kl':a9reen1eints with 3rd.parties.'· . . . . . .. · . . . . . . . C~lrr~n, c~~le~~ITW SQP~· ~-ti·r-.·1~~1/3l2 ' . . . . . . .. 4;20 Ni·l ;:~' just:gave•,Gfara her morithfy review: She.asked me .if lf:jave the same·comments to Bill .on hrs. review. ·I ·wrote them ~oth Elt t~e same tl[n¢ pc;i}iing_dose attention,to qe eqiJal: an~· f.air;;, . . ._ ·. • -~ · - . . . ·. • . · .. J ·T!er.:z, Erk G.SOPUscm;wv,'31i 1 ' ,, . . . . . ., . .. . . . ' . . ·. . 4:22 AJ.·1 ~ttY. iS.·sh~ .a:~~~~t~-~out;Si!I!:.Jh~ye ·ai~:elrpg (f