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

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[ 1] IN THE UNITED STATES DISTRICT COURT [ 1] I—·N-D——E-X
IN AND FOR DISTRICT OF DELAWARE
[ 2] [ 2] Witness:
ROY 1-1. WALTERS
[ 3] WILLIE DAVIS, JR,, 1 A; q[ 3] Examination by Mr. Brewer ....,...,,. E
NATHANIEL BRIDDELL, 1 ,` YY` Y. A g~ Examination by Mr. Martin ..,.....,.. 132
`U- [ 4] GEORGE w_ EEDDIMAN, 1 ` _ { A]aé ",' Further examination by Mr. Brewer ..., 186
" JOSEPH GARRISON, 1 = ·` - __ I ' .
[ S1 ROY 11. WALTERS, 1 ` .[ 5]
ALL 5IMILARLY—SITUATED CURRENT 1
1 6] AND FORMER EMPLOYEES OF 1 [ 6]
MOUNTAIRE FARMS, INC., 1
[ 7] MOUNTAIRE FARMS OF DELMARVA, 1 [ 7]
INC., and MOUNTAIRE FARMS 1
{ s] OF DELAWARE, INC., 1 [ B1
Plaintiffs, )
[ 91 -ve- 1 C.A. No. 04—0414-KAJ [ 91
l
[I0] MOUNTAIRE FARMS, INC, , 1 [ilu] CERTIFICATE OF COURT REPORTER ..,..........,... 189
MOUNTAIHE FARMS OF 1
[111 DELMARVA, INC., ana 1 [111
MOUNTAIRE FARMS OF 1
[12] DELAWARE, INC., all Delaware 1 [12]
Corporations, 1
[13] Defendants. 1 [13]
[14] Deposition of ROY H. WALTERS, taken before [14]
Pamela C. Washington, Registered Professional Reporter
[15] and Notary Public, at the law offices of Young, [15]
Conaway, Stargatt & Taylor, 110 West Pine Street,
[15] Georgetown, Delaware, on February 15, 2005, beginning [1E]
at 10:00 a.m.
[17] - -~-——- I1?]
[Is] ARREARANCES: [ts] 1
[19] On behalf of the Plaintiffs: [19]
Margolis Edelstein . -
[20] DY: JEFFREY K. MARTIN, ESQ. [20]
and KERI WILLIAMS, ESQ.
[21] 1509 Gilpin Avenue [21]
Wilmington, Delaware 19805
1221 {Z2]
On behalf of the Defendant: .
[23] Shawe Rosenthal [23]
EY: ARTHUR M. BREWER, ESQ.
, [24] and LAURA A. RIERSON SCIIEINBERG, ESQ. [24]
20 South Charles Street, 11th Floor
gyig [25] Baltimore, Maryland 21201 [25]
·‘.` ;¥"
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[ 1] WHEREUPON: [ 1] taking down your answers to my questions, as you can
[ 2] ROY WALTERS, [ 2] see. I'd like you to understand that at trial, I’ll
. [ 3] having first been duly sworn by the court reporter, [ 3] have an opportunity to bring to the attention of the
[ 4] thereupon testified upon his oath as follows: [4] judge or jury any conflicts in your testimony today
5 BY MR. BREWER: 5 from an testimony you ma ive later on.
Y Y E
[ 6] Q Hi, Mr. Walters, we`ve known each other [ 6] A Yes.
7 for a lon time, but for the record I‘ll introduce 7 Q Okay. Il` there is an uestion that I
B » Y (I
[ 8] myself, I'm Art Brewer. [ 8] ask you that you don‘t understand, please don’t answer
[ El] We have a standard stipulation with the [ 9] it; just ask me to explain it so that you do
[10] only caveat to that is if you wish to read your [10] understand the question, okay?
[11] deposition before you sign it, that will be your call. [11] A I‘ll agree.
[12] I’m going to ask you a number of [12] Q Okay. Because if you answer a
[13] questions here; have you ever been deposed before, [13] question, we're all going to assume that you
[14] sir'? [14] understood what I asked you, okay?
[15] A No. [15] A I understand that.
16 Q Oka . You understand that ou‘re under 16 Q All ri ht, ood. Sir, do ou have an
Y Y B B Y Y
[17] oath today, and that you have an obligation to tell ` [17] physical or mental problems which would interfere with ~
[18] the truth? [18] your ability to answer my questions today?
[19] A Yes. [19] A No.
[ [20] Q Okay. This is informal, as you can [20] Q Are you on any medication at all today? `
.` [21] see, but it’s important that you understand that this [21] A Blood pressure. _ _
‘¤ . [ [22] has the same force and effect as testimony in a [22] Q Okay. And that' .
[23] courtroom for a judge or jury. [23] you’re on, is for your blood p
[24] A Yes. ` [24] A Yes. ii L l
[25] Q The court reporter is going to be U [25] Q Do you feel that ._

`. · _ - v G$¢ =· ' =a‘»"·· ‘ 7 - ·:$··$ Q! '-:· e
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[ I] Q Okay. And did you have any [ 1] plant and get signed up, and go through the company’s
[ 2] responsibility with respect to making sure they knew [ 2] procedure.
[ 3] how to go about catching chickens? [ 3] Q Right. So you told Mr. Drummond —- how
[ 4] A I don't understand that one. [ 4] did you come to get to Mr. Drummond?
[ 5] Q Okay. When a new catcher comes in to [ 5] A Mr. Drummond asked me as a crew leader
[ 6] your crew, okay, do you have any responsibility to [ 6] how he could get a job with Mountaire, and I informed
[ 7] make sure he knows what he‘s doing? [ 7] him of the position that he had to go through in order
[ 8] A No, [ S] to get a job, that‘s all.
[9] O No? [9] Q So you told him, "Gosh, sure. Go to
[I0] A No. I [10] there and get --"
[I I] Q He just comes onto your crew and you [11] A I didn’t say sure.
[12] just turn him loose? [12] Q What did you say to Mr. Drummond?
[13] A He's ordered by the company. [13] A I said, "Mr. Drummond, you have to go
[I 4] Q He's ordered by the company? [14] through company policy to work for Mountaire."
[15] A He's -- he’s hired by Mountaire, he`s [I5] Q Okay. And do you know what that policy
[16] placed by Mountaire. I have no control over the [16] is?
[17] placement in the crew; they evaluate the man, they [17] A You have to go through the channels, go
[18] hire the man, they place the man. [I8] through personnel, drug tests -- what's the other U
[19] Q You have some input into who gets _ [19] part'? TB test. I’m not fully familiar with all of
[20] hired, though, don’t you? ` _ U [20] the stuff that a man --
[21] A No. [21] Q So you don’t know what goes on in human
[22] Q How about Mr. George Drummond, are you [22] resources?
[23] telling me you had no input into him getting hired at [23] A No.
[24] all? [24] Q But you told him if he wanted a job, he
[25] A No. Only to tell him to go to the [25] could go to human resources?
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[ 1] A Like anyone else. [ 1] anything to do with his training?
[2] Q And he did? [2] A No.
[ 3] A I assume, yes. [ 3] Q If he does something wrong, you can
[ 4] Q Well, and he's working for you, isn‘t [ 4] write him up, can’t you?
[ 5] he? [ 5] A Yes.
[ 6] A Yes. [ 6] Q Okay. How does he know not to do
[ 7] Q And how about Leon Tucker, didn't [ 7] something wrong?
[ 8] Isaiah Daniels refer him to you? [ 8] A I consider the experience that he piace
[ 9] A No, he referred him to Mountaire. [ 9] toward the company when they consider him. That’s,
[10] Q I-Ie referred him to Mountaire? [10] you know, that’s entirely up to the company; the man
[11] A Yes. [11] goes in the company and said, ”I‘m a chicken catcher,"
[12] Q Okay. So then you don't have any [12] then how do they know that he’s a chicken catcher?
[13] impact at all then as to who gets hired at all? [13] They hire him and --
[14] A No. [14] Q How do you know he’s a chicken catcher?
[15] Q Okay. You can discipline people, [I5] A I don’t. ·
[16] though? [I6] Q You don‘t?
[17] A Yes. [17] A I don’t.
[18] Q And you have, haven't you? [18] Q And, yet, when you don’t know, {]1CTC`S
[19] A To a point, according to the work. [19] nothing you do to make sure that he —-
[20] 'l`hat’s company policy that they allow me to follow. [20] A I inform my supervisor.
[21] Q So now this new catcher who comes to [21] Q Let me just ask the question, rephrasc
[22] your crew, who you don’t do anything with, right? He [22] t11e question. When a new person comes to your crew
[23] just walks into your crew and introduces himself and [23] as a catcher, you don‘t know whether he's a catcher,
[24] says, "`Hi, I’m John." And you say, "Fine, John. I’m [24] if I understood your answer, correct? U
[25] Roy," and he just goes to work, you don’t have [25] A Yes.

Case 1:04-cv-00414-SLR

Document 42-7

Filed 05/02/2005

Page 1 of 2

Case 1:04-cv-00414-SLR

Document 42-7

Filed 05/02/2005

Page 2 of 2