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

EXHIBIT 4

Case 2:04-cv-00332-JWS

Document 58-5

Filed 03/13/2006

Page 1 of 3

Rick B. Wenban

Pagel October 17, 2005

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

Connie Alms, a single woman,

*

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Plaintiff, *

*
vs.

Case NO. CIV 04-0332 PHX JWS (pending in Arizona)

* *
*

AdvancePCS, a Delaware

corporation, n/k/a CaremarkRX,* Inc., a Delaware corporation, *

*
Defendant. *

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ANSWERS AND DEPOSITION OF RICK B. WENBAN, produced as a witness at the instance of the Plaintiff, taken in the above-styled and -numbered cause on the 17th day of October, 2005, A.D., beginning at 9:46 a.m., before Lisa Smith, a Certified Shorthand Reporter in and for the State of Texas, in the offices of Littler Mendelson, located at 2001 Ross Avenue, Suite 2600, Dallas, Texas, in accordance with the Federal Rules of Civil Procedure and the agreement hereinafter set forth. ORAL DEPOSITION OF RICK B. WENBAN

Esquire Deposition Services Phone (214) 257-1436

Case 2:04-cv-00332-JWS

1700 Pacific Avenue, Suite 4750 (800) 852-9737

Document 58-5

Filed 03/13/2006

Dallas, Texas 75201 Fax (214) 965-9205

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89194f71 -ta33-4c2c-b5e8-3cb1 a819bftx

Rick B. Wenban
Page 10

October 17,2005
Page 12 1 2 3 4 Q. Who was that? A. Znlii Ahmad, Z-U-L-F-I. Q. Okay. Did you file any EEOC charges in reference to that reduction in force?

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A. Yes.
Q. Do you travel around the country in that capacity? A. Not on this Job. Q. Do you consult with anyone else besides Michael's A. Not at this time. Q. And how long have you been self-employed? A. Since June of 2004. Q. And your consultation has been limited since June of
A. No.

5 Stores?

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6 7 8

A. No.
Q. Other than the EEOC-strike that. You filed an EEOC charge when you were laid off or following your layoff from GTE?

10 2004 to Michael's Stores? 12 13 15 16 Q. Where else have you consulted? A. Prior to Michael's, it was UICI, which was an insurance Q. And what did you do for them? A. I did information security again. I did a Sar-Ox audit,

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A. I did, yes. Q. Have you filed any other EEOC charges? A. No.
Q. Have you filed any charges with any state agency other A. I have not Q. Okay. When did you first begin working at AdvancePCS? A. December 31st, 2002. Q. And with whom were you employed before that? A. Before that, I was a consultant with EDS. Q. And what's the nature of EDS's business? A. They do a lot of computer services for large companies, Q. What was your position there? A. Security consultant Q. Did you supervise anyone at EDS?

13 than the EEOC charge that you filed with the federal government?

14 company.

17 a Sarbanes-Odey audit and then remediated the control 18 deficiencies. 19 21 Q. Can you describe in layman's terms what actually you do A. Okay. It's-what I do is in information security, 20 as a consultant? 22 deal with computers, and I come in and work in any of the areas 23 that infonnation security covere as moVmauis, and I consuH with 24 a firm. So I would be a high-end consuhant that would come in 25 and provide expertise that they doa't currently have in their

21 outsource to EDS.

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A. No.

1 2 3

Page 11 company. Q. Okay. Besides Michael's and UIQ, have you consulted with any other businesses since June of 2004?

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Page 13 Q. How long did you work at EDS as a security consultant? A. Tothebestofmy recoUection,Ithinkitwasabout Q. Okay. That would have been in 2002? A. Correct Q. Okay. Before your position at EDS, where did you work? A. With a company - boutique company called Fiderns, F-I-D-E-R-U-S. They were bought by EDS. Q. Okay. And when did you begin working at Fiderus? A. As I recall, it was about October 2001. Q. So roughly in the middle part of 2002, EDS bought A. Correct Q. And then you began working at Rderus in October of A. Correct Q. Were you a security consultant with Rderus as well? A. I was. It was the same job, working out of my house, Q. Okay. Before your position with Fiderus, where did you A. I worked for Baltimore Technology. Q. What's the nature of that business? A. Encryption. Q. In layman's terms, what is that?

3 five months.

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A, No. Q. Is this a full-time job for you? A. Yes.
Q. Prior to June of 2004, where did you work? A. I worked for AdvancePCS. Q. What was your position with AdvancePCS? A. Director of information security. Q. And how long did you have that position? A. From December 31st, 2002 to June of 2004. Q. Why did you leave? Tm sorry. Were you finished?

12 Fiderus; is this right?

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A. Yes, I was.
Q. Okay. Why did you leave AdvancePCS? A. Reduction in force, RIF. Q. Do you recall how many other people were laid off at

15 2001?

19 that time besides yourself? 20 A. Over company wise, I'm not sure. I wasn't privy to 21 that. In my group, there was two others that were laid off at 22 that time. 23 Q. Do you know who made the decision to lay you off in June 24 of 2004?

19 same clients. 21 work?

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A. Yes.

Esquire Deposition Services Phone (214) 257-1436 4 (Pages 10 to 13)

1700 Pacific Avenue, Suite 4750 (800) 852-9737

Dallas, Texas 75201 Fax (214) 965-9205

Case 2:04-cv-00332-JWS

Document 58-5

Filed 03/13/2006

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89194f71 -fa33-4c2c-b5e8-3cb1 a819bfbc