Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1:04-cv-00414-SLR Document 135-2 Filed 08/26/2008 Page 1 014
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· = Case 1 :04-cv—OO414-SL ‘ ‘
[ 1] IN THE UNITED STATES 1:I;{SrRIc[i?9:g:uIR;nGnt 13 ?1] Flled 08/26/2008 I—NE?¤@€ 2 of 4
IN AND Fos THE DISTRICT or DELAWARE , ,
_ """ " ` [ 2] [ 2] Witness:
- JOSEPH oARRISoN .
*3 [ 3] WILLIE DAVIS, JR., - ) [ 3] Examination by Mr. Brewer .... . .......... 3
_; , ` NATMANIEL HRIDDELL, ) - ,
f’ ` [ 4] GEORGE w. FEDDIMAN, y . [ 4] Exhibits Marked
` JOSEPH GARRISON, ) V- Garrison Exhibit 1 ................... 4.-. 35
[ 5] Plaintiffs, ) [ 5] Garrison Exhibit 2 ...................... 4B
- ·-vs- I ’ ) C.A. No. 04-0414 Garrison Exhibit 3 ...... . ............... 65
"= [ 6] ` ) [ 6] Garrison Exhibit 4 ............ . .. . ...... 91
MoUN·rAIRE FARMS, INC. , ) Garrison Exhibit 5 ............. . .,...... 109
[ 7] MOUNTAIRE FARMS or _ 3 · [ 7] Garrison Exhibit 6 ........... · .....,..... 121
. ‘ DELMARVA, INC., and ) _ Garrison Exhibit 7 ...................... 124
[ B] Mo0N·1·AzRE FARMS or _ y [ s] · Garrison Exhibit S .................... .. 17a
l Defendants. l Garrison Exhibit 9 .... . ................. 181
[ 9] —----·— [ 9] Garrison Exhibit 10 ...,................. 183
` I Garrison Exhibit ll ....,................ 184
[10] Deposition of JOSEPH GARRISON, taken before [10] Garrison Exhibit 12 ............... , ...... 188
I ‘ Garrison Exhibit 13 ..... . ............... 191
[11] Pamela C. Washington, Registered Professional Reporter [11] Garrison Exhibit 14 ..................... 195
Garrison Exhibit. 15 . .................... `195
[12] and Notary Public, at the law offices of Young, [12] I Garrison Exhibit 16 ..................... 199
_ Garrison Exhibit 17 .......... , .......... 233
[13] Conaway, Stargatt & Taylor, 110 West Pine Street, [13]
[14] Georgetown, Delaware, on January 14, 2005, beginning [14] I
[15] at 10 :00 a.n. ’ `[15] .. ’ I
, _ CERTIFICATE ol? COURT REPORTER .t. ................. 241
[1.6] ------· [16] .
[17] Am¤EARANcEs: [17]
[18] On behalf of the Plaintiffs: _ [18] I ' I
~ Margolis Edelstein _ _ ‘ —
[19] sr: Jarrssr K. MARTIN [19] .
and KERI L. WILLIAMS, ESQ}
[20] 1509 Gilpin Avenue [20] - ‘
Wilmington, Delaware 19806 c
[21] _ [21]
On behalf of the Defendants: .
[22] Shawe Rosenthal ` [22]
BY! ARM-IUR M. BREWER, ESQ. - ‘ `
-,..1.. [23] and LAURA A. PIERSDN sc:-IEINEERG, ESQ. [23] ,
20 South Charles Street 11th Floor -
I L [24] Baltimore, Maryland 21201 ‘ [24]
we is tzsi ` [25]
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[ 1] WHEREUPON: 7 ‘ [ 1] A No, no, no.
I [ 2] K JOSEPH GARRISON, · [ 2] Q Have you ever done this before?
[ 3] having first been duly sworn by the court reporter, [ 3] ` A No, no.
_ [ 4] thereupon testified upon his oath as follows: [ 4] , Q Okay, thank you. You understand that
[ 5] — MR. BREWER: You have noted the [ 5] you are under oath today, and that you have an
[ 6] I appearances for the record, Madame Reporter? [ obligation to tell the truth? V I
. [ 'Z] _ THE COURT REPORTER: Yes. [ 7] A Yes. I
· - [ 8] MR. BREWER: We have the standard _ [ 8] Q All right. This is obviously informal,
[ 9] stipulation with respect to -- [ 9] but it has the same significance and force as if you
[10] I MR. MARTIN: In Deiaware, we don‘t have [10] were with a judge in a courtroom, do you understand
[11] any standard stipulations, but I’ll he glad to [11] that, sir? I _
[12] stipulate - - _ [12] I A Yes. I _ ` _ Q
[13] I MR. BREWER: IAS to the form of the [13] Q Okay. l‘1l be asking you a series of
[14] question, would be the objections. [14] questions; the court reporter, as you can see, will be _
[15] MR. MARTIN: Yes. I [15] taking down your answers. At trial, if it comes to
[16] MR. BREWER: Okay, that’s iine. [16] trial, I will have an opportunity to bring to the
[17] BY MR. BREWER: [17] attention of the judge or jury any changes or
[18] Q All right. Mr. Garrison, have you ever [1 S] conflicts in your testimony here today and any future
[19] been deposed before? [19] proceedings, do you understand that? '
_ [20] A Yes. [20] A Yes.
· " [.21] Q You have? Can you tell me when? [21] Q Okay. I would bastcally ask you this,
" [22] A No, not proposed, no, I haven’t, [22] and that is not to answerpany question that I ask that
_ [23] not - [23] you do not understand. lf you d0n't understand a
[24] I Q _Deposed like having a deposition like [24] question, please ask me to rephrase it or to restate __ `
[25] we’rc doing today. ` [25] it,‘okay? _ _ . .
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n [ 1] BY MR. BREWER: [ 1] about, we’re talking about a Mr. Willie Davis?
_ [ 2] Q Let me ask you this question, - [2] A Larry Gibbs.
[ 3] Mr. Garrison: Was anybody else present when you and [ 3] Q Pm sorry, was Mr. Davis present at
[ 4] AMr. Martin discussed keeping time records? [ 4] this meeting?
I [ 5] A No. l [ 5] A Yes, yes.
_ [ 6] Q It was just you and him? [ 6] Q And was Mr. Briddell present at this
I [ 7] A Yes. _ . [7] meeting?
[ 8] . Q Was it done over the telephone? [ 8] A Briddell? ‘
- [ 9] A Let’s see. No. [ 9] Q A Nathaniel Briddeil?
[10] Q It was done in person? [10] _ A Yes. .
[11] A Yes. [11] Q How about George Feddiman?
[12] Q 'Where? Where was it done? l [12]- A Yes.
[13] A At a meeting. ` [13] Q And yourself, of course? ·
[14] ` Q At a meeting where? [14] A Yes.
[15] A To a restaurant. [15] Q Mr. Larry Gibbs? U
‘ [16] Q In a restaurant? [16] A Yes. I
[17] A Yes. [17] n Q Mr. Roy Walters?
[18] Q Was anybody else present? [-18] A Yes.
[19] A- Yes. [19] Q And anybody else?
[20] Q Who was present? - [20] A No.
. [21] A The rest ofthe defendants. _ [21] Q Okay, thank you. Let me ask you this,
-_ [22] Q The rest of the plaintiffs, do you I [22] sir: Did you attempt to attain any statements in
[23] mean? [23] support of your claims from anybody?
[24] A - I meant the plaintiffs, yes. [24] l A_ No. Say that again. __
[25] Q Iustto be sure who we’re talking [25] Q -You have made certain claims, as you
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[ 1]- know, for unpaid overtime. I [ 1] perspective, sometime after June 18th of 2004,
[ 2] A Yes. I [ 2] Mr. Lynch came out to see you on a farm where you were
[ 3] Q And you have made those claims because [ 3] catching chickens? _
_ [ 4] you feel you’re entitled to that money? [ 4] A Yes.
[ 5] A Yes. [ 5] Q Can- you tell me approximately when that n
[ 6] 7 _ Q My question is did you try to get [ 6] was?
[ 7] anybody to give you a statement to that effect, that [ 7] A I don’t know the month that it - no.
[ S] you are entitled to that overtime? [ 8] It was cold, it was in the wintertime.
[ 9] A Yes. [ 9] Q Winter of 2004, would that be a fair ·- ‘
[10] Q Who? [10] , A Yes.
[`I 1] A My lawyer, Mr. Martin. - [11] Q — approximation?
[12] Q Okay, outside of Mr. Martin? _ [12] A Uh-huii.
[13] · A Oh, yes, Mr. Martin and Doug Lynch. [13] Q And tell me when that occurred, what
[14] Q And Doug Lynch? You asked Doug Lynch [14] Mr. Lynch said and what you said.
[15] to give you a statement? [15] n A Well, he asked me, said, ”.Toe, I heard
[16] A Not a statement, but he said that I’m [16] about the lawsuit that’s going on.? He said, "I’m ;
[17] entitled to it. ` [17] asking you to not to sign any papers} he said, "we
[18] Q Mr. Lynch told you that? [18] can talk about it.“ I-Ie said, "I do know that we owe
[19] A Yes. [19] you atl some money but," he said, "`[ don‘t know how
[20] Q When did he tell you that? [20] much.“
[21] A Weil, at the chicken farm, he came out [21] Then he said that, "Willie Davis is
[22] there and seen me, and asked me about the lawsuit. [22] doing this but," he said, "he‘s a nobody and he’s not
[23] And he said that he did owe us some money of the [23] getting any money, he's not getting anything. But he
[24] lawsuit but he didn’t_ know how much. [24] said, "We know we owe y’al1 some but," he said, "we =
l [25] Q Okay. So let me, if I can put this in [25] don’t know how much." l ‘
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[ 1] Q Okay. Was anybody else present? _ [ 1] A No.
[2] A Just me and him talking. n [2] Q Ali right. Do you have any criminal -
[ 3] Q Okay. Did you try to obtain -- so in [3] convictions at all?
[4] answer to that question, did you ask Mr. Lynch to give [4] A No.
i [ 5] you a statement to that effect? n [ 5] Q Have you ever appeared as a witness in
_ [ 6] A No._ [ 6] behalf of anybody in any litigation?
[7] Q All right. Did youlask anybody to give [7] A No.
[ 8] you sort of a statement to help you in this case? [ 8] Q We have your full legal name, you have
[ 9] n A No. [9] given that to the court reporter, I believe, has he
[10] Q All right. - Sir, have you been involved [10] ‘ not?`
[11] in any other lawsuits as either a plaintiff or a _ [11] A Yes.
[12] defendant? [12] Q Have you ever gone by any other name?
[13] A Yes, I have, one time beforel [13] A No.
[14] Q Okay, can you tell me a little about [14] Q What’s your present address, please? _ I K
[15] that, please? [15] A Route 4, Box 4E, Frankford, Delaware, _
[16] A Just_the' one that they have with [16] 19945.
[17] Clarence Heath. [T7] Q And how long have you been at that
K [18] Q All right, that was an arbitration [18] address, sir? n _
[19] case? _ [19] A Approximately six years.
[20] A 'l`hat’s the only thing. [20] Q And prior addresses? Where did you
[21] Q '1"hat’s the only thing? So you have [21] live prior. to that?
[22] never sued anybody in court? [22] A I stayed at Selbyville; on Route 2, Box
[23] A Oh, no. [23] 386, Selbyvilie.
[24] Q Nor have you been sued by anybody in [24] Q Okay, and how long were you there? —
[25] court? ` [25] A Roughly 15 years. _ i
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[ 1] Q Okay, that’s iine. What is your birth [ 1] Q Joseph?
‘ . [2] date? [2] A Yeah, he’s deceased.
[ 3] A 7—l 6-59. [ 3] Q Okay. And what was your mother’s
[ 4] Q _And you are how old then? [ 4] maiden name, if you don’t mind my asking?
[5] n A 45. [5] A Violet Garrison.
[ 6] Q 45 years old, okay. Are you married, [ 6] Q Her maiden name before she got married?
[ 7] _ sir? [ 7] A Um-hmm.
[ 8] A Yes. ’ [ 8] Q Oh, she was Garrison before she got
Y [ 9] Q And what's your wife’s name? [ 9] married? .
° .4 [10] A Vanzalle, V-a—n-z-a-l-l—e. [10] A Well, she’s a - well, she was a
[11] Q And is your wife employed? [11] Garrison, but now she's a Poole, Yvonne Poole.
[12] A Yes. . [12] Q Ts your mother still alive? "
A [13] Q Where is she employed, sir? _ [13] A Yes. 7 l
_ [14] A Oeean Club Village 2 on 120th Street of [14] Q _ Okay, and does she have an occupation?
_ [15] Ocean City, Maryland. [15] - A No, she don't work. A
. [16] Q Tm not farniliar, what kind of an [16] ` Q Do you have any brothers or sisters? `
[17] establishment is that? [17] A Yes.
[18] A It’s an Ocean View Club 2, it‘s a [18] Q Can you tell me how many of each?
[19] condominium. [19] A I have three brothers and five sisters. _
[20] "Q Oh, I see, okay. And what does she do [20] Q Do you have any dependents, sir?
_ [21] _ there? [21] A Five.
_ [22] A She’s a maid supervisor. [22] Q And can you give me their names and
[23] Q Okay. What was your —— what is your [23] ages, please, and the relationship?
[24]- father’s name, Pm sorry? [24] A Okay. Javon Garrison, he’s 11, that‘s -
[25] A Well, his name was Joseph but -- [25] my son.
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