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

EXHIBIT 1

Case 2:04-cv-00332-JWS

Document 58-2

Filed 03/13/2006

Page 1 of 6

Alms v. AdvancePCS '
^

Connie Alms October 20, 2005
Pagel
HI
INDEX Page 2

[t]
H P]
[4]

IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) No. CIV 04-0332 PHXJWS )

ra WITNESS:
[3]

[5] Connie Alms, a single woman, [6] Plaintiff, [7] vs. [8] AdvancePCS, a Delaware corporation, n/k/a CaremarkRx,) [9] Inc., a Delaware corporation, ) [10] Defendant. [11] [12]
[131

Page CONNIE ALMS Examination by Mr. BkJdte 5 w Examination by Mr. PruRt 144 [51 Further Examination by Mr. BkJdte 147 [61

m
[8] [8] Defendant's

EXHIBITS Exhblts: Description Marked

)

[10] [11]

1

[12]

[14] [15]
[16] [17]
[18] [191 p>0] [21]

DEPOSITION OF CONNIE ALMS Phoenix, Arizona Thursday, October 20, 2005
9:08 a.m.

[13]

2

[14] [15]

3

[16]

Letter dated January 6. 2002. Bates Stamp No. CA0095 53 (1page) Plaintiff's Answers to Defendant's First set of Interrogatories 56 (9 pages) AdvancePCS Employee Handbook. Bates Stamp No. EEOC067 through EEOC068 and EEOC070 through EEOC072 87 (5 pages) Open Requisition Report by VP as of 2/4/2002. Bates Stamp No. EEOC053 93 (1 page) AdvancePCS Position Description. Bates Stamp Nos. EEOC050 through EEOC052 93 (3 pages) Resume of Anne Tlfft. Bates Stamp NO.CA0126 123 (ipage)

[17]

4
REPORTED BY: [18]

[22] JERI F. BARBIN, RPR

Certified Reporter [23] Certificate No. 50693 [24] PREPARED FOR: District Court [25] (Original)

[18]

5
[20]

[21]

[221 6
P3] [24] PS)

Min-U-Script 2:04-cv-00332-JWS Case

Min-U-Script® 03/13/2006 Document 58-2 Filed

(3) Page 2 of 6 Page l - Page 2

Connie Alms
October 20, 2005
Page 43

Alms v. AdvancePCS
Page 45

in in ATX and Solaris. Pi A: (To the Reporter) -- Could you repeat the -- 01 what he said when I answered? [4] Q: I will ask it again. Are there (s\ dissimilarities in your understanding between AIX and [6] Solaris? [7] A: There could be, yes. Pi Q: What is HP-UX? [9] A: That is just another UNIX system. [ioj Q: Was that something that was used by [ii] AdvancePCS while you were there, to your knowledge? [12] A: I do not know. [13] Q: And that's not anything you had any dealings [u] with while you were at AdvancePCS? [is] A: No. lie] Q: Remember -- you're being very helpful. [17] Remember to let me ask my question. I know it's hard. [is] It's very unnatural. [19] Okay. When you were hired at AdvancePCS in [2oj May of 2000 what was your title, do you remember? pi] A: Senior Security Analyst. pa] Q: During the two years that you were there did pa] your title change? P4] A: I think I was there longer than two years. [25] But no, my title did not change.
Page 44

[1] Pi [3] [4] [5] [6] [7]
[8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] po] pi] P2] [23] [24] [25]

were in the information security department at AdvancePCS at the time? A: I don't know the exact number, but I'm thinking eight or nine. Q: Okay.Were they all, during that time frame of 2002, were they all in Scottsdale or somewhere else? A: During those three months?
Q: Yes. A: There were people that they hired during that three months that were from Dallas. Q: Okay. A: And I don't know how many of those there were. Q: Were there other people -- again, in that time frame, those three months -- were there other people in your department for information security in Scottsdale who held the same title, Senior Security Information Analyst? A: I do not know for sure except from the documents. Q: What do you mean? A: That you or somebody provided. We didn't talk about our titles. Q: Okay. So there certainly could have been other people with the same title in your department,
Page 46

[1] Q: We previously said that you were hired in May [2] 2000 and were terminated in March 28,2002. So that's a Pi little less than two years, right? W A: That's possible. I thought I was there [sj longer. I'm sorry. [6] Q: Okay. Do you think you were there longer? [7] Should we look at some documentsto refresh your memory, [8] or can you accept that date? I'm not trying to trap you [9] or anything. I want your memory here, so -- [io] A: I just thought I was there a little bit [11] longer than that. But maybe I wasn't. It would have to [12] come off the documents. [13] Q: At this point do you have any reason to think [i4j that March 28,2002 was not your last day of employment? [is] A: That was my last day. [16] Q: Okay. [17] A: So I was mistaken. [is] Q: So during the time that you were there at [19] AdvancePCS you kept the same title, Senior Information po] Security Analyst; is that correct? pi] A: Yes. pa] Q: Tell me about the department while you were [23] there. Let's focus on the last three months of 2002. P4] So January, February, March of 2002.The last three ps] months you worked there were there--how many people

[1] you're just not aware of that, is that what you're PI saying? p] A: Correct. [4] Q: In terms of your duties and responsibilities [5] while you were at AdvancePCS, did they change from the [6] time you were hired until the time you were terminated? [7] A: There were things that were added from when I [8] started. PI Q: When you started in your position with [io] AdvancePCS.as you described it before you audited ACF2, [11] you created role-based access, you worked with [12] programmers. Is that what you did when you started [13] generally? [14] A: Correct. [is] Q: And that's what you did generally when you lie] left? [i7j A: I also did disaster recovery. [18] Q: That's what I was going to ask next.What [19] else did you do? You did those general tasks plus po] disaster recovery by the time you left? pi] A: Correct. [22] Q: What does that mean? [23] A: Disaster recovery is when you prepare for a [24] disaster. And so I represented the security department, ps] and when they would do a disaster recovery test you

Page 43 - Page Case 2:04-cv-00332-JWS 46 (14)

Min-U-Script® Document 58-2

Filed 03/13/2006

Min-U-Script Page 3 of 6

Connie Alms
October 20, 2005
Page 99 Ml Alms."

Alms v. AdvancePCS
Page 101 [1] company since it came from HR. PI Q: Do you remember that there were other pages Pl to this that listed all the positions in the information [4] security department as being replaced? [5] A: I don't know. I know that there were more [6] pages, and if it came from HR it would have had all the m jobs on it. I mean, I think. [8] Q: Are you -- so at this point your memory is [9] that at least in your understanding of ·what was going 10] on, the decision had not been made to leave a position 11] in Scottsdale. Is that your memory? 12] A: I'm not sure. I don't know the dates, that's 13] why I'm confused about the dates. HI Q: If there was another position -- strike that. is] If there was another page to this that listed 16] all the other people in the information security IT] department in Scottsdale, would that surprise you? 18] A: No. 19] Q: Because everybody's position was being po] eliminated, correct? pi] A: Correct. P2j Q: And at that point, to the best of your P3] memory, everybody's position in Scottsdale in the [24] information security department was being eliminated, psj correct? Page 102 [I] A: The positions were not being eliminated per PI se, because other people were -- PI Q: They were going to be relocated to Dallas; is [4] that correct? [sj A: Yes. [6] Q: That was your understanding at the time? [7] A: Yes. [8] Q: I misstated it.You're right. At some point Pi you were offered the opportunity to relocate to Dallas [10] and remain with the company in your position in [II] information security? [12] A: Correct. [13] Q: When was that? [u] A: May I -- can you repeat that again? [is] Q: At some point the company came to you and [16] said, "Connie, your position is being relocated to [17] Dallas, you can relocate to Dallas and keep your [is] position." Is that correct? [19] A: I don't remember it that way. po] Q: I'm paraphrasing.Tell me what happened in [21] that regard, because there's no reason for me to ask [22] something that you only know. ps] A: What I remember was that the security [24] department was going to be relocated to Dallas and each [25] of us had the opportunity to go to Dallas, but at that

PI
pj

Q: So did you create this document?
A: No.

[4] Q: Who created this document? & A: As far as I know HR creates these documents. [6] Q: Did you ever have any involvement in creating [7] these documents? p] A: No. [9] Q: So I'm trying to get to how do you know that [ioi your name on here meant that you were being replaced [11] when it doesn't say that? [121 MR. PRUITT: Objection, form. MSI BY MR. BIDDLE: [u] Q: How do you know to be able to make this [is] statement that this document shows you were being lie) replaced? How are you able to make that statement when [17] you didn't create the document and it doesn't MB] specifically say you're being replaced? It doesn't say [19] Connie Alms is being replaced on here, does it? po] MR. PRUITT: Objection, form. [21] BY MR. BIDDLE: [22] Q: That's the question. [23] A: Okay. [24] Q: If he objects, unless he instructs you not to psj answer, you're supposed to answer at the deposition.
Page 100

Ml I'm sorry, we didn't go over that rule. PI A: I'm sorry.All I'm going by is that it says Pi "budgeted" and "replacing." And if you go down here it [4] will say, even in other places, this person here is -- [5] is replacement or unbudgeted. All I'm going by is what [6] this column says. That's all I know. [7] Q: So you're guessing what this means is that IB] you were being replaced. It doesn't say that, does it? Pl MR. PRUITT: Objection, form. [10] THE WITNESS: In my mind it says I'm being [11] replaced because of this column.
[12] BY MR. BIDDLE:

[is] Q: Tell me the word that you're looking at that [H] tells you that you're being replaced here? [is] A: "Budgeted, replacing" at the top.And then [16] my name, and this -- I do not remember for sure, but I [17] think this came out before we applied for the jobs, but [is] I do not know that for sure. [19] Q: Now, this was a company-wide -- as far as you po] understand this document, this is a company-wide pi] document in terms of what jobs were open company-wide, [22] correct? [23] A: Correct. [24] Q: Not just in Scottsdale, right? [25] A: I don't know. I'm assuming it's the whole

Page 99 - Page 102 2:04-cv-00332-JWS (28) Case

Min-U-Script® Document 58-2

Filed 03/13/2006

Page 4 of 6

Min-U-Script

Alms v.
AdvancePCS'
Page 103

Connie Alms
October 20, 2005
Page 105

Ml time I do not remember if they said we had to reapply H for our position or if we could just automatically take PI our position and go. I don't remember exactly how this [4] was stated. Pi Q: When you say at that time, was that at that [6] very first meeting in early January 2002? When you were [7j first told we are moving this department to Dallas did [8] they also tell you at that time, but you can move to p] Dallas -- and you're not sure whether you had to reapply [10] for a job or not -- but you remember that part? Was Mi] that in that same meeting? [12] A: Correct. [13] Q: Okay. [14] A: Actually, I don't know that they ever said [is] you all can go to Dallas if you want to. [16] Q: You don't remember anybody ever saying that [17] to you? [is] A: I don't remember them ever in that meeting [19] saying -- po] Q: Oh, in that meeting? pi] A: You know, they just -- it was an overall pzj meeting, and this is what's going to happen, and we're [23] going to Dallas. P4] Q: Do you remember -- I mean, at some point you ps] understood that you had the opportunity to move to
Page 104

ID

A: No.

H Q: What's been marked as Exhibits 5 is something PI called "AdvancePCS Position Description." Could you [4] take a look at that? Do you recognize this document? [5] A: Yes. [6] Q: Is this the document that you were talking IT] about earlier that was created for this position that [8] was remaining in Scottsdale? [9] A: Yes. [io] Q: Do you know when you were given this? [11] A: I don't remember exactly. It was after they [12] told us that the position was going to stay, and I think [is] it was provided by Gina. [14] Q: Did Gina hand it out to everybody in a [is] meeting, or how did you get it? [is] A: I don't remember if she handed it out or if [17] she sent it to us. I really don't remember how we got MS] this. [19] Q: I'm sorry, go ahead. po] A: But if we wanted to apply, they gave us this pi) one way or another. [22] Q: Now I'm trying to understand some timing [23] here, and I know it's hard to remember something that [24] happened three and a half years ago, but if you could ps) try to remember for me to the best of your memory
Page 106

[i] Dallas and relocate and stay with the company, though, H correct? pj A: Yes. [4] Q: You don't remember when you first had that PI knowledge? [6] A: I don't remember. Like I said, I don't [7j remember if they -- at the time if they said you're just PI automatically getting to go if you want to. I don't PJ remember it ever being stated like that. MO] Q: Did they ever tell you that you would be [H] given some sort of relocation benefit if you chose to go [12] to Dallas? [13] A: That I do not remember. [14] Q: You didn't want to go to Dallas, did you?
[is]

A: No.

[ie] Q: And so you didn't ever tell the company, [17] "Yes, I want to stay with the company and move to [is] Dallas," did you? [19] A: I never said that. po] Q: Isn't it true you were also given the [21] opportunity to post for other open positions in [22] Scottsdale and remain with the company? ps] A: Yes. P4] Q: Did you ever post for any other positions to ps] stay with the company? Min-U-Script

[1] whether it's by looking at the date you first found out [2] about it, about the situation with the relocation, or p] your termination date, whatever. When do you think you [4] got this in that three-month period? Was it early in [5] that three-month period, later, middle? [6] A: After they told us that the position was [7] going to stay in Scottsdale, and I do not have the date [a] for that. p] Q: But it was -- you remember it was well before [io] you were -- you actually stopped working there, right? [11] A: I don't know what you mean by "well before." [12] But I'm thinking it was within a month because we wenta [13] long time without knowing that this position was going [H] to be there. [is] Q: Is this also something you provided to the [16] EEOC? [17] A: I don't remember. I think I did. [is] Q: How did you first find out that there was [19] going to be a position remaining in Scottsdale? [20] A: I think that there was a staff meeting. I [21] don't remember for sure, but I think that there was a [22] staff meeting with Gina and Rick, and they told us about [23] it. But, you know, I can't say that for a fact. P4) Q: Okay.That's fine. [25j A: I vaguely remember that.

Case 2:04-cv-00332-JWS

Min-U-Script® Document 58-2 Filed 03/13/2006

(29) of 6 Page 5 Page 103 - Page 106

Connie Alms
October 20, 2005
Page 107

Alms v. ' AdvancePCS
Page 109

[1] Q: 'And at that time is that when you were p] given -- did you already have this position description pj at that time? [4] A: I don't think so. I don't know why we would [5] have. [6] Q: Do you remember how long after -- either in m general or specifically, general terms or [8] specifically -- the initial meeting which happened in pi the beginning of January 2002, that that meeting [10] happened where you were informed that there would be a [11] position remaining in Scottsdale? [12] A: Do you want to repeat that? [13] Q: I'm trying to give you an idea to help you [H] refresh your recollection of dates. How far after the [is] initial meeting in January that you had with Rick where [16] you had the Powerpoint, and that sort of thing, did you [17] have this subsequent meeting when you were told there's [is] going to be a position remaining in Scottsdale? [19] A: I just can't answer that. [20] Q: Was it the next week? pi) A: Oh, no. [22] Q: Was it the next month? [23] A: I'm going to guess that it was the next [24] month. Maybe towards the middle or end of February, but [25] I do not know.
Page 108

Ml document, Exhibit 5? PI A: Yes. [3] Q: At some point did you also send a lengthy [4] email to Rick Wenban about your interest in the [5] position? [6] A: Yes. [7] Q: And your qualifications, and training, and et [8] cetera? Pi A: Yes. 10] Q: At that point when you sent that email you 11] already knew that there was going to be a position 12] remaining in Scottsdale, correct? 13] A: Correct. u] Q: And did you already have a copy of this is] position description also? 16] A: I don't remember. IT] Q: You don't remember either way, whether you IB] had it or not? ;i9] A: I don't. po] Q: That's fine. I just want to be clear for the pi] record. When you say "I don't remember," it could be P2] interpreted several ways. So that's fine. P3] How did you decide to write the email to Rick P4] that you wrote to Rick about your qualifications and [25] interest in the position?
Page 110

HI Q: That's all I'm asking you to do is just use H your best memory. Were you also instructed how to apply p] for that position that was going to be remaining in [4] Scottsdale? [5] A: I'm sure we were. [ej Q: What were you told in that regard? [7] A: I really don't remember exactly except that is] we had to get the -- I think we had to get applications PI from HR, or maybe Gina provided them. I don't remember. [io] But we had to, just like we were a new employee, we [11] would have had to fill out all the documents that [12] were -- that HR provided for a position. [13] Q: You don't remember it being, you know, a real [U] application for employment, though, right? Was it [is] something like a modified kind of application that [16] didn't have as much required information on it? [17] A: I don't remember. [is] Q: And you eventually applied for that position, [i?i correct? po] A: Correct. [21] Q: And again, you don't remember when you [22] applied for that position?
pa]

A: No.

[24] Q: When you applied for that position did you [25] have -- had you already been given a copy of this

[I] A: We were told that if we wanted to apply we [2] could apply and then he would do an interview. And so Pi before the interview I felt it was -- because he had [4] never really talked to me since he had come on board, I [5] felt it important that he knew what my history was, and [6] what my qualifications were for that position, and my [7] accomplishments. And that's what made me decide to send P] it. PI Q: So you're saying up until that time that you [io] sent that email you had had no individual conversations [II] with Rick? [12] A: I had maybe ten minutes in my cubicle. [13] Q: At some point Rick sat down with you for [u] several hours in your cubicle, though, and talked to [is] you, watched what you did, and that sort of thing. Do [16] you remember when that was? [17] A: He did not do that. [18] Q: You're saying Rick did not sit down with you [19] in your cubicle for more than ten minutes? po] A: Correct. The day that he came to my cubicle pi] he was in a hurry because he was flying home. He spent [22] no more than ten minutes in my cube. He never came back [23] ever and talked to me. [24] Q: After you applied for this position you were ps] interviewed for the position by Rick, right?

Page 107 - Page 110 2:04-cv-00332-JWS Case (30)

Min-U-Script® Document 58-2

Filed 03/13/2006

Min-U-Script Page 6 of 6