Free Reply to Response to Motion - District Court of Arizona - Arizona

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CENTRAL OFFICE FARMWORKER PROGRAM 305 South Second Avenue P.O. Box 21538 Phoenix, Arizona 85036-1538 (602) 258-3434 FAX (602) 258-4628 TDD (602) 254-9852

Pamela M. Bridge, AZ Bar No. 018252, [email protected] Kristina M. Campbell, AZ Bar No. 023139, [email protected] George H. McKay, AZ Bar No. 015910, [email protected] COMMUNITY LEGAL SERVICES 305 South Second Avenue P.O. Box 21538 Phoenix, Arizona 85036-1538 (602) 258-3434, ext. 2650 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) Eagle Produce Limited Partnership, ) Phoenix Agro-Invest, Inc., ) SAM Management, Inc. ) ) Defendants. ) ________________________________) Abel Ruiz Diaz, Ubaldo Moreno, Piedad H. Renteria, Alejandro D. Mancilla, ________________________________

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Case No. CIV 03-2127 PHX-MHM

COMMUNITY LEGAL SERVICES

PLAINTIFFS' STATEMENT OF FACTS IN SUPPORT OF THEIR REPLY

Plaintiffs Abel Ruiz Diaz, Ubaldo Moreno, Piedad H. Renteria and Alejandro D. Mancilla (collectively "Plaintiffs"), by and through counsel, hereby submit their Statement of Facts in Support of Their Reply. Plaintiffs incorporate their Statement of Facts #1-#38 filed previously. #27 should cite Exhibit D, p. 82, ll. 21-24. Copies of these excerpts from Jimmy Byrd's transcript are attached as Exhibit H. 39. Plaintiffs' crew had more than 20 employees in 2002. Deposition of Gilberto Vigueria at pg 31, ll. 2-7 and ll.11-14. Copies of relevant excerpts from the transcript of Mr. Vigueria's Deposition are attached as Exhibit I. 40. It is the alleged policy of Defendants that terminated employees can appeal the decision to Jimmy Byrd and then Steven Martori. Exhibit H, 78, ll. 14-25- pg. 79, ll. 1-5.
Case 2:03-cv-02127-MHM Document 88-2 Filed 09/19/2005 Page 1 of 3

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CENTRAL OFFICE FARMWORKER PROGRAM 305 South Second Avenue P.O. Box 21538 Phoenix, Arizona 85036-1538 (602) 258-3434 FAX (602) 258-4628 TDD (602) 254-9852

41. It is the alleged policy of Defendants that employees may dispute a written warning to Jimmy Byrd and then Steven Martori. Deposition of Beatrice Lizarraga at pg. 64, ll. 3-13. Copies of the relevant excerpts from the transcript of Ms. Lizarraga are attached as Exhibit J. 42. Steven Martori has communicated with numerous employees that did not directly report to him and employees have appealed written warnings to Steven Martori in the past. Deposition of Steven Martori, at pg. 103, ll. 11-24- pg. 104, ll. 1-10. Copies of relevant excerpts from the transcript of Mr. Martori are attached as Exhibit K; Exhibit J, ll. 18-19. 43. Mr. Martori closely supervised Mr. Byrd by meeting with him at least five times per week. Exhibit H, pg. 24, ll. 24-25- pg. 25, l. 1. 44. Mr. Martori told Mr. Byrd what he wanted done on the farm. Exhibit H, pg. 33, ll. 2425; pg. 34, ll. 1-2. 45. Mr. Martori gave Mr. Byrd instructions and guidance about how to perform duties. Exhibit H, pg. 34, ll. 21-24. 46. Mr. Martori discussed planting and proper schedules with Mr. Byrd. Exhibit H, pg. 35, ll. 3-4. 47. Mr. Martori discussed the duties and procedures of the farm with Mr. Byrd. Exhibit H, pg. 35, ll. 17-18. 48. Mr. Martori discussed efficiency of production with Mr. Byrd. Exhibit H, pg. 27, ll. 19-21. 49. Mr. Martori discussed which crops were profitable with Mr. Byrd. Exhibit H, pg. 27, ll. 13-15. 50. Mr. Martori discussed the need to cut costs with Mr. Byrd. Exhibit H, pg. 26, ll. 23-25pg. 27, l. 1. 51. Mr. Byrd supervised Owen Brandt, the immediate supervisor of Plaintiffs. Exhibit H, pg. 17, ll. 7-13. 52. Jimmy Byrd testified that he would have ordered any lay offs. Exhibit H, pg. 43, ll. 68.
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COMMUNITY LEGAL SERVICES

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CENTRAL OFFICE FARMWORKER PROGRAM 305 South Second Avenue P.O. Box 21538 Phoenix, Arizona 85036-1538 (602) 258-3434 FAX (602) 258-4628 TDD (602) 254-9852

53. John Redmond testified that Plaintiffs worked on land owned or leased by Defendant Phoenix Agro. Deposition of John Redmond, pg. 22, ll. 21-22. Copies of relevant excerpts from the transcript of Redmond's Deposition are attached as Exhibit L. 54. Steve Martori and his family were founded the Eagle Produce Partnership. Exhibit K, pg. 12, ll. 2-10. . Respectfully submitted this 19th day of September, 2005 By: s/Pamela M. Bridge Pamela M. Bridge COMMUNITY LEGAL SERVICES Attorney for Plaintiffs

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COMMUNITY LEGAL SERVICES

I hereby certify that on September 19, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a notice of a Notice of Electronic Filing to the following CM/ECF registrants: J.Mark Ogden J. Greg Coulter Brandon A. Newton Littler Mendelson 2425 East Camelback Road, Suite 900 Phoenix, Arizona 85016 s/Laura E. Smith

Case 2:03-cv-02127-MHM

Document 88-2 Filed 09/19/2005 -3-

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