Free Statement - District Court of Arizona - Arizona

1 IN THE UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF ARIZONA
3 Patrice Jerome, CV03 -1913-PHX-MHM
4
5 Plaintiff,
' 6 v. DECLARATION OF DR. THOMAS M., ‘
MITCHELL
; Midway Holdings, Inc. et al.
9 Defendants.
1 0
11 l. My name is Thomas M. Mitchell. I am over the age of twenty-one (21)
I 12 years, have never been convicted of a felony, am competent to make this declaration, and
13 have personal knowledge of the facts stated herein.
1; 2. I have been retained as an expert by Defendants Midway Holdings, Inc. and
16 Midway Chevrolet in connection with the above—captioned lawsuit.
I 17 3. On August 25, 2005, I issued my Expert Report, the contents of which
18 constitute my expert opinions regarding Plaintift`s vocational damages following her
gg termination from Midway that occurred on December 6, 2002. A true and correct copy of
21 my report is attached hereto as Exhibit 1.
22 4. To prepare my report and this declaration, I reviewed Plaintiff s Complaint,
23 Plaintiff s Initial Disclosures, Plaintiff Patrice Jerome’s Responses to Defendant’s First
2; Set of Interrogatories, the deposition transcript of Patrice Jerome, Patrice Jerome’s Prior
26 Employment History, Patrice Jerome’s Subsequent Employment/Earnings History, W-2
EXHIBIT
Case 2:O3—cv—O1913-IVIHIVI Document 66-13 Filed O3/31 /20 ·i

1 statements fiom 2001 and 2002 from Bill Heard Chevrolet, Plaintiffs supplemental
2 disclosures, Plaintiffs supplemental documents produced on March 1, 2006, Plaintiff s
3
bank records, and earnings information for Patrice Jerome received from the Social
4
5 Security Administration.
6 5. According to the Occupational Employment Statistics, published by the U.S.
7 Bureau of Labor Statistics, the mean wages in 2003 for a person in the greater Phoenix
8 Metropolitan area in sales in the auto industry was $42,370 and for a Recruiter was
9
$46,056.
1 0
1 1 6. At the time of Ms. Jerome’s termination in December 2002, there were
12 several jobs at car dealerships in the Phoenix area that were "substantially equivalent" to
13 the positions she held at Midway. My research of classified job advertisements from the
14 Arizona Republic newspaper for jobs in the auto sales industry revealed numerous job
1 5
listings in December 2002 with car dealerships. Some of the positions advertised in the
1 6
17 local Arizona newspaper listed annual salaries ranging from $35,000 to $80,000.
18 7. Following her termination from Midway in December of 2002, Ms. Jerome
19 did not make a good faith effort to apply for jobs in the auto industry. Instead, she
20 reportedly worked as an independent contractor for three months with Western Pacific and
21
earned $1,035. She worked for Westem Pacific approximately three months and quit.
22
Ms. Jerome then spent six months reportedly working for a pharmaceutical research
23
24 company, where she eamed $2,700. Contrary to her employment claims in 2003, the
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ase 2:O3—cv—O1913-I\/IHI\/I Document 66-1%- Filed O3/31/2006 Page 2 of 3

1 8. ln 2004, Ms. Jerome entered the mortgage industry. First, she worked for
2 Prime Mortgage, where she earned $15,719. Following Prime Mortgage, she worked for
3
4 Concord Mortgage, where she earned $1,500. After Prime Mortgage, she reportedly
5 worked for Homeowners Mortgage, where she earned between $3,000 and $4,000, but we
6 have no earnings records for this employer. i
7 9. ln 2005, Ms. Jerome earned $800 working for United Financial, another
8
9 mortgage company. After United Financial, Ms. Jerome worked for her sister’s interior
10 design company, Ambience Interiors, and reportedly earned $3,000 in a two-month
1 1 period.
l2 1 declare under penalty of perjury under the laws of the United States of America
l3 that the foregoing is true and correct and that this Declaration was executed this 30th day
14 or March, 2006.
1 5
16 540:
— 17 Thomas M. Mitchell .
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20 #5894638
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