Free Motion in Limine - District Court of Arizona - Arizona

EXHIBIT B
-1-
Case 2:03-cv-02262-ROS Document 297-4 Filed O9/O1/2006 Page 1 of 4

EN THE UNITED STATES DISTRECT COURT
DISTRICT OF ARIZONA
KAYE K. HUTTON, as an individual)
and es representative of a class)
consisting of others similarly )
situated, )
)
Plaintiff, )
)
vs. ) No. CV 2003—2262»PHX—ROS
)
BANK OF AMERICA, N.A., )
)
Defendant. )

Mn QE
Phoenix, Arizona
March 28, 2006
}0:ll a,m.
REPORTED BY: _
Kristin A. Woodali, RPR Mifj
Certified Court Reporter Ag? A __ &
Certificate No. 50196 GRIFF]
iaeli ,,,v»—s SSO
PREPARED FOR: mg? —T-
MI l M A CGUF I’E|3Df ETS
4; (COPY) 3030 North Central Avenue
· Suite 2102
, Phoenix. Arizona 85012
T6022642230
seeszeeeeo
F6022642245
Case 2:O3—cv—O2262—ROS Document 297-4 Filed O9/O1/2006 Page)? *’<'iF‘21!“*’°“"'5°°'"

13
l violations; a description of the employer's course of action
2 after learning his practices, or it might be a violation; a
3 list of all contacts between the establishment and wage hour,
4 whereby information on the FLSA or PCA were brought to the
5 empioyer's attention, either by mail, by visits from
6 investigators during the current or previous investigation, or
7 by other means.
B Also, there's an eighth one there about previous
9 investigations. They want to know if we had made —~ if the
10 Department of Labor ~— when I say "we," I mean when I was
ll working for the Department of Labor —— if we had made an
12 investigation of the department and told them that they were in
13 compliance when, in fact, they weren't.
14 Q. And it looks like, up at the top of this page,
15 this was the Field Operations Handbook in effect as of December
16 l5th, l960?
17 A. Yes, sir.
18 Q. Has it been updated since then? Do you know?
19 A. Not to my knowledge.
2G Q. Do you know if this is stiil the Field Operations
2l Handbook in use today?
22 A. This page, I believe, came from Mr. Knuckles'
23 office, and he purchases these handbooks and has them updated
24 periodically, every few years. So I don‘t know the exact date
25 that he got this one, but it's in the fairly recent past.
GRIFFIN AND ASSOCIATES 602.264.223O
Case 2:O3—cv—O2262—ROS Document 297-4 Filed O9/O1/2006 Page 3 of 4

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l Q. So you don*t know if this is the version of the
2 Field Operations Handbook still used by Department of Labor
3 investigators today?
4 A. No, l do not.
5 Q. Looking at the beginning of this section of the
6 Field Operations Handbook about willfulness, it says,
T "Sufficient facts shall be included to enable the JRC to
8 evaluate effectively the willfulness of the violations. The
9 investigator shall not digress widely from the regular
l0 investigation procedure to develop corollary facts as to
ll willfnlness, but all the facts on this point which are revealed
l2 in the normal course of the investigation must be explained in
l3 detail."
14 What does this mean?
15 A. That means they don't want yon to spend a lot of
16 time developing something until they've talked about it first.
17 Q. Talked about ~—
l8 A. That's my interpretation of what that means.
19 They were always cognizant of how much time investigators were
ZG spending on cases.
2l Q. when you say "until they've talked about it
22 first" ——
23 A. Until after the JRC call had been made. That's
24 my interpretation of that. That's, I believe, what you asked
25 me for.
GRIFFIN AND ASSOCIATES 602.264.22BG
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