Free Statement - District Court of Arizona - Arizona

Case 2:03-cv-01913-IVIHIVI Document 73-8 Filed 05/10/2006 Page1 0f3 j

CONDENSED TRANSCRIPT OF JOHN CLEAVES — 3/O1/O5
IN_THE UNITED STATES DISTRICT COURT 3 ;
I FOR THE DISTRICT OE{ARIZONA 1 10 Personnel Change of Status Notice 99 "
Patrice Jerome, ) 2 11 Exit Interview dated 12/6/03 100
,· 1 No. CV 03-1913 PHX MHM 3
` Plaintiff, ) 4
1 5
‘ vs. ) 5
) 7
Midway Holdings, Inc., et al, 1 8
I 9
Defendants. - ] 10 ‘
1 11 _
DEPOSITION OE JOHN CLEAVES 12
Phoenix, Arizona 13 1 ,
March 1, 2005 14 =
9:00 a.m. 15
(comm 16
PREPARED POR: 17
DONNA DELAVINA REPORTING 18
350 East Virginia 19
Suite 150 20 -
Prepared by: Phoenix, Arizona 85004 21
Donna DeLaVina, RPR, CCR 50468 1602) 230-5454 22
23
24
25 I
`- 2 4 _
1 I N D E X 1 THE DEPOSITION OF JOHN CLEAVES Q
2 WITNESS: PAGE 2 was taken on March 1, 2005, commencing at 9:08 a.m., ,
3 JOHN CLEAVES 3 at the Law Offices of MONTOYA JIMENEZ, P.A., i
4 Examination by Mr. Montoya 5 4 3200 North Central Avenue, Suite 2550, Phoenix,
5 5 Arizona, before Donna DeLaVina, a Certified Court -
6 6 Reporter in the State of Arizona. E
7 j 41 4 + 11 4 A ’
8 8 - Q
9 9 COUNSEL APPEARING: §
10 10 g
11 E X H I B I T S 11 FOR THE PLAINTIEF: 2
12 EXHIBIT DESCRIPTION PAGE 12 MONTOYA JIMENEZ, P.A.
13 1 Charge of Discrimination 24 The Great American Tower
14 2 Letter dated 5/27/03 to Cheryl 28 13 3200 North Central Avenue L
Janes from Brett Burns Suite 2550 3
15 14 Phoenix, Arizona 85012 _ 4
3 Affidavit of Charles Timothy 55 BY: STEPHEN G. MONTOYA 4
16 Schirra 15
17 4 Employee Hot Line Report 65 16 {
18 5 Interoffice Memorandum dated 77 17 FOR THE DEFENDANTS: 2
10/15/02 to Patrice Jerome from 18 ARIN, GUMP, STRAUSS, HAUER & EELD, LLP 5
19 John Cleaves . 1700 Pacific Avenue f
20 6 Memorandum dated 11/4/02 to 85 19 Suite 4100 :
Patrice Jerome from Jack Colson Dallas, Texas 75201 " ?
21 20 BY: STEPHANIE OSTEEN Q
7 Memorandum dated 11/20 to Patrice 86 21 4
22 Jerome from Jack Colson 22 Q
23 8 Memorandum dated 11/20 to Patrice 87 23 niso PRESENT: 5
( Jerome from Jack Colson 24 Patrice Jerome g
24 · 25 E
` 9 Interoffice Memorandum dated 98 Q
25 12/2/02 to Patrice Jerome from g jg
Jack Colson
Donna De La Vina Reporting (602) 230-5454 .
Case 2:03-cv-01913-IVIHIVI Document 73-8 Filed 05/10/2006 Page 2 013 -

CONDENSED TRANSCRIPT OF JOHN CLEAVES — 3/01/05 I I
Il I9
l Q. It could have been before that? I Q. Did he do a good job at Pinnacle? .
_ · 2 A. I don‘t recall. It could have been. I 2 A. I thought so.
I , 3 don‘t recall. 3 Q. Who hired Patrick Beaman to go to work Z
4 Q. I understand. 4 at Midway?
5 dow many dealerships have you worked at 5 A. l did.
6 that are associated with Mr. Larry Van Tuyl? 6 Q. Where was he working when you hired him
I MS. OSTEEN: Objection, vague. 3 at Midway? Was he still at Pinnacle?
0 You can answer. 8 A. I don‘t remember. I don‘t remember if
9 Q. BY MR. MQNTOYA: Do you understand the 9 he left there or he was still at Pinnacle and he —- I ·
I0 question? I0 can‘t remember. I
ll A. Well, sort of. - ll Q. Have you ever seen a little form in ‘
I2 Q. Mr. Van Tuyl has a proprietary interest I2 Mr. Beaman’s personnel file indicating that he ·
I3 in a few dealerships, doesn't he? I3 transferred from Pinnacle to Midway? And it’s not all
I4 A. Yes. I4 that relevant these days.
I5 Q. How many of those dealerships have you I5 A. I haven't looked at Mr. Beaman's
I6 worked at or been affiliated with? I6 personnel file. . Y`
ll A. The ones I'm affiliated with now, which Il Q. Did you ever investigate Mr. Bealnan for
I0 is sir and Camelback Toyota. I0 any allegations of misconduct when Mr. Beaman was
I9 Q. Did you meet Mr. Beaman at Camelback I9 enployed at Pinnacle? i
20 Toyota? 20 A. l’m trying to remember if there was l
_2I A. I don‘t believe so. 2I anything specific. I don‘t recall. _
22 Q. To the best of your recollection, is 22 Q. Do you remember allegations at Pinnacle Q
23 the first time that you worked with Mr. Beaman in the 23 Nissan by a female subordinate of Mr. Beaman's that
24 car business at Pinnacle Nissan? 24 Mr. Beaman had stuck his hands in her pants? ‘
25 A. I believe so, yes. 25 A. I don‘t. .
IB 20 I
I Q. Did you hire him at Pinnacle Nissan? I Q. So you don‘t remember any allegations Q
2 A. I don‘t remember. I mean, it was a 2 of misconduct, whether they were valid or invalid or t {
3 long time ago. I don‘t remember if I hired him or· 3 partially valid or completely invalid at Pinnacle? -
4 someone else did. I don‘t remember. 4 A. I‘m sorry, I just donlt recall. I just
5 Q. Were you Mr. Beaman's boss or 5 don‘t recall.
6 supervisor at Pinnacle Nissan? 6 Q. Why did you hire Patrick Beaman to come
I A. At some point, yeah. I was general 3 to work under you at Midway?
8 manager of the store, directly or indirectly. 8 A. I thought he did an effective job of
9 Q. I nnderstand. 9 helping me with the sales managers. When we bought %
I0 A. Yeah. · I0 the Midway stores, they were willfully understaffed so j
Il Q. Do you remember what Patrick Beaman's II he seemed like a logical choice. P D
I2 job title at Pinnacle Nissan was? 4 I2 Q. When was the Midway Group purchased?
I3 A. I don‘t remember. He was a recruiter. I3 A. It was in December of 2000. I think
I4 Q. Did he recrnit only managerial I4 December of 2000. P
I5 personnel or did he also recruit nonmanagerial I5 Q. Were you involved in the purchase?
I6 personnel, Mr. Cleaves, to the best of your lb A. N0.
ll recollection? _ ll Q. And when you say the Midway Group was
I0 P A. ‘ I imagine he started off recruiting I8 “willfully understaffed" when it was purchased, was it
I9 salespeople I think is how it started. I9 willfully understaffed in reference to supervisory
20 Q. Did he do a good job? 20 personnel and nonsupervisory personnel or both?
2I A. As I recall. 2l A. Both.
22 Q. Did you subsequently change 22 Q. Initially did k. Beaman help in both
iv 23 Mr. Beaman's job duties to include the recruitment of 23 areas, supervisory personnel and nonsupervisory ‘
*4 .. 24 supervisory personnel, managers? 24 personnel?
25 A. It evolved to that at some appointment. 25 A. I don‘t recall. I don‘t think so. I
Donna De La Vina Reporting (602) 230-5454
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