Free Proposed Pretrial Order - District Court of Colorado - Colorado

Case 1:04-cv-01160-LTB-CBS

Document 98-2

Filed 05/05/2006

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Attachment A to Final Pretrial Order DerKevorkian v. Lionbridge Civil Action No. 04-cv-01160-LTB-CBS Plaintiff's witnesses: (a) will be present at trial: (i) Isabelle DerKevorkian. The subject matter of her testimony will include her background and education and employment history, her visa history, the events leading to Lionbridge's decision to provide full sponsorship of her green card application, events and communications relating to the effort to obtain a green card, matters relating to her placement on a performance improvement plan, her job performance and job duties, Barbara Peralta's job performance, her efforts to find a solution to the prevailing wage problem, actions taken by Lionbridge and its predecessors to modify job titles and/or duties for employees in order to secure visas and green cards, the circumstances surrounding her separation from the company, economic and non-economic damages resulting from her departure from the United States, and her activities since leaving Lionbridge. In person. (b) may be present at trial: (i) Jenni Tymkovich. The subject matter of her testimony will include the effort to obtain a green card for Plaintiff, the agreement to sponsor Plaintiff, the hiring of Sharryn Ross, communications with Ross, Plaintiff, and others during the process, Lionbridge's decisions with regard to actions it would and would not take in that effort, Lionbridge's concealment from the government of the fact that Plaintiff had been promoted to Translation Manager without amending her visa, Plaintiff's job performance and job duties, the placement of Plaintiff on a performance improvement plan, Lionbridge's response to suggestions of ways around the prevailing wage problem, and actions taken by Lionbridge and its predecessors to modify job titles and/or duties for employees in order to secure visas and green cards. In person. (ii) Barbara Peralta. The subject matter of her testimony will include the effort to obtain a green card for Plaintiff, her employment relationship with Plaintiff, her recommendation of full sponsorship of Plaintiff's green card application, communications during the process, Lionbridge's decisions with regard to actions it would and would not take in that effort, her decision not to pay for the cost of a salary survey, Plaintiff's job performance and job duties, the placement of Plaintiff on a performance improvement plan, Lionbridge's response to suggestions of ways around the prevailing wage problem, and actions taken by Lionbridge and its predecessors to modify job titles and/or duties for employees in order to secure visas and green cards. In person. 1

Case 1:04-cv-01160-LTB-CBS

Document 98-2

Filed 05/05/2006

Page 2 of 3

(iii) Yves Lang, 4584 Maple Court, Boulder, CO 80301; 303-516-9543. He may testify about how Plaintiff has been affected by the loss of her job and her move from the United States and about actions taken by Lionbridge and its predecessors to modify job titles and/or duties for employees in order to secure visas and green cards. In person. (c) by means of a deposition: (i) Sharryn Ross. The subject matter of her testimony will include her hiring by Lionbridge, the effort to obtain a green card for Plaintiff, communications with Lionbridge and others during the process, Lionbridge's concealment from the government of the fact that Plaintiff had been promoted to Translation Manager without amending her visa, her decisions and Lionbridge's decisions with regard to the green card process and options to get around the prevailing wage problem, immigration matters in general, and actions taken by Lionbridge and its predecessors to modify job titles and/or duties for employees in order to secure visas and green cards. Defendant's witnesses: (a) will be present at trial: (i) Margaret Shukur (client representative). c/o counsel for Defendant. She may testify about Plaintiff's demands as set forth in correspondence to and from counsel for Plaintiff. In person. (b) may be present at trial: (i) Jenni Tymkovich. 3500 Center Green Drive, Boulder, CO 80301. She may testify regarding her deposition testimony. Ms. Tymkovich may testify regarding the employment related policies, including the PRP, and how such policies had been administered over time at Defendant. Ms. Tymkovich may testify regarding how such policies were applied to Plaintiff. Ms. Tymkovich may testify regarding her conversations with Plaintiff regarding Plaintiff's desire for a green card. Ms. Tymkovich may testify regarding Plaintiff's job description and job duties. In person. (ii) Barbara Peralta. 1012 Tantra Park Circle, Boulder, CO 80301. She may testify regarding her deposition testimony. Ms. Peralta may testify regarding decisions made about Plaintiff's . Ms. Peralta may testify regarding how such policies were applied to Plaintiff. Ms. Peralta may testify regarding her conversations with Plaintiff regarding Plaintiff's desire for a green card. Ms. Tymkovich may testify regarding Plaintiff's job description and job duties. Ms. Peralta may also testify regarding Defendant's decisions about the Plaintiff's pursuit of a green. In person. 2

Case 1:04-cv-01160-LTB-CBS

Document 98-2

Filed 05/05/2006

Page 3 of 3

(iii) Sharryn Ross, 59 Temple Place, Suite 605, Boston, MA 02111; Ms. Ross may testify regarding her deposition testimony. She may testify about advice she gave regarding Plaintiff's potential green card application. Ms. Ross may testify regarding potential legal consequences to Defendant of various options that were proposed with respect to Plaintiff's application for a green card. Ms. Ross may testify regarding her efforts on Defendant's behalf to obtain a salary survey. Ms. Ross may testify regarding her reasons therefore. In person. (iv) Michele Erwin. c/o counsel for Defendant. As vice president of human resources for Defendant, Ms. Erwin may testify regarding Defendant's human resources policies, including the employee handbook and PRP (green card) policy. Ms. Erwin may also testify regarding the administration of the PRP. Ms. Erwin may also testify regarding Defendant's decisions about the Plaintiff's pursuit of a green card and regarding what, if any duties, Defendant owed to Plaintiff. (v) Impeachment witnesses and witnesses necessary to lay a foundation

(c) by means of a deposition: (i) Plaintiff. She may testify in accordance with her deposition regarding her claims and demands of what she expected from Defendant. She may testify in accordance with her deposition regarding her claims and demands of what she believes Defendant owed her by agreement. Plaintiff may testify regarding mitigation or lack thereof. Plaintiff may testify regarding engagement of legal counsel.

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