Free Memorandum in Opposition - District Court of Delaware - Delaware

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Case1:06-cv-00027-SLR Document 56-10 Filed 05/23/2007 Page1 0f3

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` Case 1:06-cv-00027-SLR Document 56-10 Filed 05/23/2007 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF DELAWARE
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Plaintiff, g Case No. 06-027
v. g JURY TRIAL DEMANDED
EXPRESS, LLC, afkfaf g
LIMITED BRANDS, 1`NC. )
Defendant. i
__ L.)
DECLA RATION OF OTIS NELSON III
I, Otis Nelson III, do he eby affirm and solemnly declare pursuant to 28 U.S.C. §
1746:
1. I am over IS years of age and if called to testify at trial would be
competent to testify as to the mt .tters set forth below.
2. I began working for Express in November 2003. I left Express in July
2004.
3. Paula Pagonakis, the Plaintiff in the captioned matter, interviewed me for,
and hired me into, my position vith Express. Paula and I worked together for Express at
the Christiana Mall from the tin e I started working for Express until Paula’s employment
was terminated in March 2004.
4. During this time, the Christiana store’s Manager, Kristyn Bosley
frequently reprimanded me for conversing with Paula. Ms. Bosley would scold me for
speaking with Paula — cvcn vshen it was clear that our communications were in the
employee/manger role. These punishments were not always verbal; sometimes Ms.
Bosley would assign me tasks in another section of the Christiana store, or would make

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' Case 1:06-cv-00027-SLR Document 56-10 Filed 05/23/2007 Page 3 of 3
sure I was not scheduled on the same shift as Paula. As a result, I began to avoid talking
to Paula, in any capacity, in an attempt to avert the assured verbal or busy—work
GDDSEQIJBHGGS.
5. It was clear to me that the Christiana store’s management made efforts to
ostracize Paula and create an unwelcome environment for Paula. Based upon my
observations, Ms. Bosley anc other Co-Managers were successful in creating an
undesirable and unfriendly worl environment for Paula.
6. It was also clear to me that Paula did not possess the same level of
authority or training as other C 1-Managers at the Christiana store. For example, unlike
the other Co—l\rIanagers, Pauli was not provided with a full set of store keys.
Additionally, there were several instances in which Ms. Bosley or other Co-Managers
overrode Paula’s directions to sales associates, causing Paula to be humiliated.
Executed this 27th day of Febru ary 2007 at Washington, D.C.