Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :06-cv—OOO27-SLR Document 51-7 Filed 05/O2/2007 Page1 014

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Case 1 :06-cv—OOO27-SLR Document 51 -7 Filed 05/02/2007 Page 2 of 4
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?_‘- IN THE UNITED STATES DISTRICT COURT
Q FOR THE DISTRICT OF DELAWARE _
PAULA PAGONAKIS, )
)
Plaintiff, )
) Civil Action
v. ) No. 06-027
)
EXPRESS LLC, a/k/a )
LIMITED BRANDS, INC., )
>
Defendant. )
, _ Deposition of ELISE ZAPP taken pursuant ,’
to notice at the law offices of Aber, Goldlust, Baker
g , _n__ & Over, 702 King Street, Wilmington, Delaware,
“ beginning at 2:00 p.m. on Monday, February 26, 2007,
before Kurt A. Fetzer, Registered Diplomate Reporter
and Notary Public.
APPEARANCES: _
JASON H. EHRENBERG, ESQ. (Via teleconference)
BAILEY & EHRENBERG PLLC
1155 Connecticut Avenue NW - Suite 1100
Washington, D.C. 20036
For the Plaintiff .
DAVID A. CAMPBELL, ESQ.
VORYS SATER SEYMOUR AND PEASE LLP
2100 One Cleveland Center
1375 East Ninth Street _
Cleveland, Ohio 44114-1724
For the Defendant
WILCOX & FETZER .
1330 King Street — Wilmington, Delaware 19801
.»· (302) 655-0477
www.wilfet.com j
_ Q
WILCOX & FETZER LTD;
Registered Professional Reporters W _ y E

Case 1 :06-cv—00O27—SLFi Docugileinggiégpp Filed 05/02/2007 Page 310; 4
1 Q. So you don't know whether anybody might have ‘ T
2 complained about Ana Klancik treating them differently
3 because they were disabled?
4 A. I have never heard of anyone saying that. ,
5 Q. Have you heard of anyone saying that she
6 treated them differently or unfairly for any reason?
7 A. No.
8 Q. Are you aware whether or not —- one moment,
9 please. U L
10 ‘ Do you know whether any employee has ever -
11 filed a lawsuit against Express, anyone that worked in `
12 the Christiana store other than Paula Pagonakis?
13 A. Not to my_knowledge.
14 Q. Do you know whether any employee of Express in
15 any of the other stores that Ana Klancik would have _ I
16 been responsible for have ever filed a complaint e
17 against Express? .
18 A. Not to my knowledge. h
19 Q. Okay. I believe you said at some point Paula
20 was promoted from part—time sales manager to brand
21 sales lead? Q
22 A. She was a part—time sales associate and she was ‘_
23. promoted to a part-time brand sales lead. I 6
24 Q. Do you know whether she was ever promoted from
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WILCOX & FETZER LTD: _
Registered Professional Reporters

{ Case 1 :06-ov—OOO27-SLR Document 51 -7 Filed 05/O2/2007 Page 4 of 4 if
Elise Zapp 36 1
‘ l · 1 making such comments. I'm just asking if while Paula 1
2 was employed do you recall making any such comment?
3 A. No, I do not recall.
4 Q. So if Paula has alleged that she overheard you
5 making such comments, would that be incorrect?
6 A. Yes. p
7 MR. EHRENBERG: Dave, I think I'm about Y
8 ready to wrap up, if you can just give me about two
9 minutes so I can see if I have any further questions.
10 ` MR. CAMPBELL: Okay. We're going to step
11 out for about two or so and then we will let you know
12 once we come back in.
13 MR. EHRENBERG: All right. Thank you.
14 (A brief recess was taken.)
15 MR. EHRENBERG: I do have just a few more
16 questions. L
17 MR. CAMPBELL: Okay.
18 BY MR. EHRENBERG: t
19 Q. Ms. Zapp, Paula has alleged in this lawsuit
20 that in or around November, late November of 2003
21 Express stopped providing accommodations to her and I 1
22 guess my question is: Do you have any knowledge about E
23 whether Express provided Paula with any accommodations W
24 after she was promoted to a comanager? W
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W|LCOX&FETZER LTD; 1
Registered Professional Reporters _