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

Case1:O6-cv—OOO27-SLR D0cument51-5 Filed 05/O2/2007 Page10f4 _

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Case 1 :06-cv—OOO27-SLR Document 51 -5 Filed 05/O2/2007 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE I
PAULA PAGONAKIS, ) CASE N O. 06-027 SLR
Plaintiff, 3
v v. )
)
EXPRESS, LLC, a/k/a )
LIMITED BRANDS, INC., )
Defendant )
DECLARATION OF ROSIE ROCK PURSUANT TO 28 U.S.C. § 1746
Declarant, having been tirst duly cautioned and swom, having personal knowledge ofthe
facts stated herein, and being of legal age and of sound mind and memory, does hereby declare C
as follows:
l. My name is Rosie Rock. I am the Human Resources Manager for Defendant
Express, LLC ("Defendant”). A
2. In my capacity as the HR Manager, I have access to information conccrnin g prior I
complaints made by employees through the ethics hotline. "
3. After Plaintiff Paula Pagonakis ("PlaintifF’) commenced legal action against I
Defendant, a search of the ethics calls was completed.
4. Other than one complaint made by Plaintiff in 2004 concerning the reporting of A
associate hours, to my knowledge, there were no other complaints made by Plaintiff. A true and
accurate copy of that complaintis attached as Exhibit A,
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed on h g
OSIE ROCK

T l y

Case 1 :06-cv—00027-SLR Document 51 -5 Filed 05/02/2007 Page 3 of 4 »
Report# 404212206 LIMITED BRANDS, INC. Page 1 of 2 Q
Ethics and Compliance Hotline
_iI· ; »v'; =» i__ ‘ ,; —I:_, y [ I ·V`"`e_t: -· tI—-» t A » -··4 y J _‘ie Q;E__ _“i_ ‘? -“.»_ ze * _I_Is ,7 General A I n » it ‘ A g ’_ A t l
Caller Name: PAULA PAGONAKIS Client Name: Limited Brands, Inc. Report #: 404212206
Type: Former Employee Location #: 340 Priority: 2
Title: CO MANAGER DBA: Express Trans #: 1 .
Phone: (302)376-9858 Address: DB-CHRISTIANA NIALL - 715 CH Rpt Date: 04/21/2004
Best Time to Call: ANYTIME City,State,Zip: NEWARK - DE 19702 Time: 02:49PM
Phone: Origin: Phone Call
Email:
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< . #:»:i ‘‘°r: t xi =$;§lmlm 8`FY |—¤f¤Fm§QtlQ¤· · ‘:‘: if 1-fi a—i0‘ *#r/ 2 —`;- ?[Pi’f‘ * “ I i :.“— ? ‘
Caller, PAULA PAeoNAkis, reponedr
WHAT: Theft of Time ‘
oncomc FOR ri-IE PAST YEAR ora Mom;
STORE
rrr: P ¤ ` ’ t·7 :‘tt I . t»eIt— rtllrrl 11, » ,:*, . {Si?. ltly aiz:: i,· tt‘ :":’: i { 2 i:`:» 1 $¥..t%—f`i;i“i1l';;.:V— I if tr I
4/21/2004 2:49:00 PM - Original Call 3
Caller, PAGONAKIS, reported: _ comes to work excessivelv late on a regular basis. She then E
instructs the co managers, IL .-. . . -, __ _ _ .. . ...- 1, to edit her time sheet to reflect g
her arriving hours earlier than she actually does. g
On one occasion, (unsure of exact date), asked PAGONAKIS to change her time, since she cannot do it for herself,
and PAGONAKIS refused. »ever asked ner again. Instead, she'd ask another co manager to edit it for her.
PAGONAKIS said that ” .- violating the company's policy by having her time changed. BOSLEY doesn't stay after her l
scheduled time to leave. inerefore, she cannot make up the excuse that she's late because she stays later the previous §
evening. She works less hours than she is scheduled. I
PAGONAKIS feels Y is steeling company time. PAGONAKIS hopes that this is investigated, and corrective action is
taken if the company sees tit. I
How does the caller know about the incident?: Witnessed
What documentation is available?: Review time sheets that show the hours being edited. PAGONAKIS said that about 50%
of her time has been changed.
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Reported Individuals: i
Name:
Title: ;
I
Management Notified: NO
I nvolved/Aware Parties : YES
Name: I
Title: CO MANAGER ` i
Role: i
Name: E g .
Name: I · .
Name: F .-..-..
·, :.:· I A I A I Supplemental Inform:ationQ Y I ‘ · ‘ S Z
How does caller know about hotline: Poster i
Interviewer Observations:
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.-.:£ ¢*¤ .-”:· ' i
,

Case 1 :06-cv—OOO27-SLR Document 51 -5 Filed 05/02/2007 Page 4 of 4
Report# 404212206 LIMITED BRANDS, INC. ‘ Page 2 of 2
Division information
What division do you work for? Express _
, . =» cl I A A I * »r1s or P i 1u T r J L < tCll i¤nf 2 r vi ‘ sirii 2si` : Ai i i t t i
No callback arrangements have been made for this individual. The caller has provided his/her name and number indicating an
interest in discussing this matter with a company representative. To ensure program integrity, please contact the caller as soon
as possible. _
Conditions:
The information contained in this report was provided by a third party source. The Network, Inc. does not verify the accuracy or the correctness of the
information contained in this report. Accordingly, Limited Brands, Inc. will hold harmless and indemnify The Network, Inc. from any claims or demands
resulting from action Limited Brands, Inc. takes based on information contained in incident report #404212206, or Limited Brands, lnc.'s failure to secure
information contained in this report after receipt. ·
lf you have questions, concerns or updates such as escalation and/or dissemination instructions relative to our service or this
incident report please contact us at "[email protected]".
l.