Free Appendix - District Court of Delaware - Delaware

Case 1 :04-cv—00414-SLR Document 50-7 Filed 05/23/2005 Page1 0f4

Case 1 :04-ov—00414-SLR Document 50-7 Filed 05/23/2005 Page 2 of 4
[ . . ` •§ $_ E: ... gi : 1
[ 1 IN THE UNITED STATES DISTRICT COURT ‘
“ ’" IN AND FOR DISTRICT OF DELAWARE
2
I 3 WILLIE DAVIS, JR., )
_ NATHANIEL BRIDDELL, , )
K 4 GEORGE W. FEDDEMAN, )
l JOSEPH GARRISON, )
5 LARRY E. GIBBS, }
ROY H. WALTERS, }
6 }
E ALL SIMILARLY SETUATED CURRENT ]
7 AND FORMER EMPLOYEES OF )
MOUNTAIRE FARMS, INC., )
H 8 MOUNTAIRE FARMS OF DELMARVA, )
INC., and MOUNTAIRE FARMS OF )
9 DELAWARE, INC., }
Plaintiffs, )
n 10 —va- F C.A. No. 04~04l4
)
_ 11 MOUNTAIRE FARMS, INC., )
I] MOUNTAIRE FARMS OF ) _
. 12 DELMARVA, INC., and ) _
MOUNTAERE FARMS OF )
y*_ 13 DELAWARE, INC., all Delaware }
U { ) corporations, . )
` I4 Defendants. }
@1 15 Deposition of PHELLIP OWEN, taken before
{ Pamela C. Washington, Registered Professional Reporter
16 and Notary Public, at che law oificee of Young,
, Conaway, Stargate & Taylor, 110 West Pine Sarees,
fl 17 Georgerown, DE, on February 1, 2005, beginning at 1:00
· p.m.
18
’ APPEARANCES:
E 19 On behalf of the Plaintiffs:
Margolis Edeletein
20 BY: JEFFREY K. MARTIN, ESQ.
) . and KSRI L. WTLLIAMS, ESQ.
1 21 1509 Gilpin Avenue
wilmingeon, Delaware 19806 -
‘ 2 2
On behalf of the Defendants:
23 Shawe & Rosenthal
BY: ARTHUR M. BREWER, ESQ.
24 20 Souch Charles Street
Baltimore, Maryland 21201
··) 25
FIRST STATE REPORTING SERVICE (302} *
J Pamela C. Washington, RPI
P.O. Box 99 Milford, Delawa;
B047

Case1:04-cv—00414-SLR Document 50-7 Filed 05/23/2005 Page30f4
?
l ~ - .. 55
Owen — Martin
[ 1 it?
2 A Of the document, prior to its being
l 3 issued, so it must have been rh$H;ab0ut the start of
I 4 March or the end of February.
1 5 Q Did you have anything to do with the
g 6 issuance of that document?
H 7 A Yes, I did.
u ` 8 Q And what did you do? what did you have
9 to do with it?
IB 10 A Discussed the need for this
i 11 circumstance with A1 Z., Doug and Dave.
ll 12 Q All right, what do you mean by the need
¥§ (__ 13 for the circumstance?
t 1 14 A Prior to my coming on board, there had
E] 15 been a number of requests made to the crew leaders to
lk 16 assure that the catchers were taking scheduled lunch,
EI 17 30-minute lunch. And that derived in part due to a
_ 18 previous lawsuit from catchers having to do with
_1 19 taking lunch.
- 20 So in A1 Z.’s visits and discussions
I 21 with Dave Nuse, there was no consistency in taking
‘ 22 lunch. And it had been talked about, there had been
23 documents issued, requesting each crew take 30—minute
h 24 lunch. And after a while, you get to the point where
4) 25 you have talked and taiked and talked and talked, and
FIRST STATE REPORTING SERVICE {30
Pamela C. Washington,
P.O. Box 99 Milford, Del. _.-
B048

Case1:04-cv—00414-SLR Document 50-7 Filed 05/23/2005 Page40f4
I .
[V _4 70
Owen » Martin “
[ 1 Q And you're not sure whether that’s a
2 threat?
I 3 MR. BREWER: I’m going to object, the
I 4 document speaks for itself; his interpretation of it
I 5 is not relevant.
. 6 BY MR. MARTIN:
E 7 Q You may answer.
u 8 A The intent of the document is to make
9 very serious the requirement to have the lunches. And
U 10 loss ot one*s employment is a serious situation.
I 11 Q It*s probable to believe that the crew
I] 12 leaders receiving that would have felt that it was a
13 very serious situation? *_.·
H (—¥ 14 A If they weren't having lunches, they
E] 15 might be concerned. But those who were doing the
i 16 lunches, if there were crew leaders who did the lunch
El 17 situation, they didn't have a thing to worry about.
i 18 Q So in other words, they could just tear
il 19 it up as if it never happened?
3 20 A I don’t know that I'd want to tear it
Q} 21 up per se. But if I am, in my -— I'm the crew leader,
.` g 22 and I know that I'm having a daily scheduled 30—minute
23 lunch, this doesn't ~— this is not a concern for me;
I 24 it's someone else’s concern and it*s not necessarily
— 25 mine because I'm already doing what I have been
I.)
FIRST STATE REPORTING SERVICE (30
Pamela C. Washington,
P.G. Box 99 Milford, Del
B049

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