Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

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Filed 02/23/2007

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Exhibit E
Cadorna v. City and County of Denver Case No.: 04-CV-1067-REB-CBS

Case 1:04-cv-01067-MSK-CBS

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IN THE UNITED STATES DISTRICT COURT l 2: FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-1067-REB-CBS 4. WILLIAM R. CADORNA, Plaintiff, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY TRANSCRIPT PRODUCED BY COMPUTER Proceedings before the HONORABLE ROBERT E. BLACKBURN, Judge, United States District Court for the District of Colorado, commencing at 8:20 a.m., on the 21st day of June, 2006, in Courtroom A701, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. APPEARANCES MARK E. BRENNAN, 7394 South Downing Circle West, Centennial, Colorado, appearing for Plaintiff. Suzanne M. Claar, Official Reporter 901 19th Street Denver, Colorado 80294-3589 (303)825-8874 REPORTER'S TRANSCRIPT TRIAL TO A JURY OF 8 - VOLUME III Defendant. v. THE CITY & COUNTY OF DENVER, COLORADO, a municipal corporation,

Case 1:04-cv-01067-MSK-CBS

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Ida Roberts - Direct TEE COURT: You are welcome. BY MR. BRENNAN: Q Anyway, do you see before you Exhibit 57, Ms. Roberts? A Yes, I do. Q As of the end of 2005, how much in salary would my client

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have earned had he not been terminated at the beginning of 2003? A $174,846. Q If this trial were to end on June 30th, and I certainly hope it ends before then, I am sure the jury do, too, he would have earned six months salary for 2006. Is that correct? A That is correct. Q And those six months salary would be one-half of the amount stated here, or $61,860 divided by two? A Correct. Q And if my brain is not failing me entirely, that would be $30, 930? A Correct. Q Okay. Now, what is the DROP program? A The DROP program is the Deferred Retirement Option Plan. Q Would you please explain how that works. The first time I heard about it it sounded massively complicated but I guess it's fairly simple, isn't it? A It is. Q Please tell us how that works. A Once a member has age and service, they meet both, they can

Case 1:04-cv-01067-MSK-CBS

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Direct Ida Roberts go into the DROP program, which means they can retire but defer
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that retirement. Q And how do you retire but defer your retirement at the same time? A You retire but you are still employed- The funds that you would normally receive, your pension check, would go into an account, and when you leave the employment of the city, then tlose funds are available to you. Q And for how long are you eligible under the DROP program to remain employed after your retirement date? A Five years. Q So if my client had become eligible for the DROP program on October 31st of 2003, or had elected on his 51st birthday, whic] was October 31, 2003, to participate in the DROP program, he could have continued working for five more years? A Correct. Q Would he during that time received his entire salary? A Correct. Q And these figures going up through the ten months or the first ten months of 2008 reflect, do they not, the assumption that he would have remained employed throughout the five-year period had he elected to DROP on Halloween, 2003? A That is correct. Q Now, you say the -- if I understand you correctly, he continues working for five years but he is treated as though he

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