Free Response in Opposition to Motion - District Court of Arizona - Arizona

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I Case 2:04—cv—00701-SI\/II\/I Document 31-8 Filed 06/29/2006 Page1 of 3

1 ARBETMAN LAW OFFICE, P.C.
JEFFREY F. ARBETMAN
2 State Bar No. 005380
349 North 4"‘ Avenue
3 Phoenix, Arizona 85003
(602) 265-1770
4 ieffrey.arbetmangaQ.azbar.org
5 Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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9 Thomas D. McCaffrey, No. Civ-04-070l—PIlX—SMM
l O Plaintiftl,
l l vs. AFFIDAVIT OF THOMAS
MCCAFFREY
. ., John Snow, Secretary of the Treasury,
” and, Michael Chertoff, Director of the
,3 Department of Homeland Security,
M Defendants.
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16 _ _ _ _
l. l am the Plaintiff in the above captioned case.
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2. I was present at the deposition ot`l 1 B
on January 30, 2006. At no time did Ms. Sinclair state that she felt
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J intimidated or harassed.
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3. I have reviewed Defendant’s Motion for Protective Order. Page 6,
é lines 4 through I3, Ido not recall ifl was wearing the T-shirt
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described by Ms. Sinclair, I deny that I had notes trom deposition in
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my hand or that I in anyway harassed or intimidated Ms. Sinclair,
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either verbally or by physical intimidation.
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4. The tirst time I tbund out that Ms. Sinclair believed she had been
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harassed or intimidated was when I received the letter dated February
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6, 2006, attached as Exhibit 2 to the Defendant’s Motion of Protective
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I Case 2:04-cv-00701-SIVIIVI Document 31-8 Filed 06/29/2006 Page 2 of 3

1 Order. Subsequent t0 receipt of the letter, Defendant has prohibited me
2 from contacting Ms. Sinclair in any way, has referred the matter to the
3 Office of Professional Responsibility and has conducted an internal
4 managerial inquiry.
5 5. Based on the incidents described above, l filed a Complaint of
6 Retaliation HS—06-ICE-001029 with the Defendant’s EEO office.
7 6. l believe that ICE management was involved in causing Ms. Sinclair to
a claim that she was harassed and intimidated by mc.
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ho as D. Mc Ya rey
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13 SUBSCRIBED AND SWORN to before nie this 28‘l‘ day oflune, 2006, by
14 Thomas McCaffrey. --
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lg My Comm‘f€8nmmiNV¤Y}`ifes: September 19, 2008
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Case 2:04-cv-00701-SMM

Document 31-8

Filed 06/29/2006

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Case 2:04-cv-00701-SMM

Document 31-8

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Case 2:04-cv-00701-SMM

Document 31-8

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