IN TUE UNITED STATES DISTRICT COURT
FOR THE 1} 1 STRICT O1·‘ Al<`1`2.UNf·.
_`B·ath D*Aguazmc_> and Frankie Tyxtee, )
` ) N0.C,TV0314tI8PliXDG€_T
P]ai11l.jfi:S, )
3
vs . J
}
Ame riczan Bui ] dere; & COFIL L‘a<‘:t101TS )
E`$1.1ppWy Co., Inc., dcing ‘0usi`nes;e; )
as ABC Supply Company, Inc -, }
DeEa11da11LS- ) _
_T_I__;-.H.._{T.......--Â¥ 1
QQOS IT }jO1\{_____QF PIIDRO __SAN'l‘I1’\(_}O l
Phoenix, Arizona
(1'1_1¤€ 23, 2004
]. : O O p . 1Tl . _
(COPY)
PREPARED FOR: -
MR. JASON M. VENDITTI DONNA DELAVINA REPOR‘I'\II$IG .
350 East Virginia
‘____ _ _ Suite 150
Preipamzd by: " Ph0en‘i:·<, Ari zona -8-5004
Dcnnna D&LaVir1a, CCR 50468 (602) 230-5454
` _ ¢ ` . -
:I. -.--` I
Case 2:03-cv-01408-DGC Document 79-8 Filed 08/22/2005 Page 1 of 4
(IONDENSIQI.`} 'l`RANS(`IRII"l` Ol? l’I*.I)i{O S/\N'l`lAGO- (¤.’2.`lf2I)l)¤1
25 El
I Q- You cuss all the time, don't you? l her position to do that. And it was where the
2 A. I cuss a little. 2 paperwork went to.
l Q. `Iou're cussiug right now? 1 Q. But you didn't see her put it io there,
4 A. I‘n cussing because I'n getting my A did yon?
5 story out there. I'n telling you quotes. 5 A. Ho.
6 Q. Anything else you heard anyone say that 6 Q. And you don't really know who did, do
I you want to tell me about? `I you?
A " A. Hell, no, not that I can recall off the 8 A. I would say it was Beth.
9 top of ny head, sir_ 9 Q. But you didn*t see her do it?
IU Q. Is there anything that you saw that you IU A. lio.
ll want to tell me about regarding the issue ot sexual II Q. So you don't know -- you think that,
I2 harassment or sexual talk or sexual behavior at work I2 but you dou‘t know that, correct?
li by anyone? Il A. {guess, yeah. But, you know, I‘li
It A. un. ii raison see ner do ir.
I5 Q. Who's Beth D'Aguanno? I5 Q. 'IIâ€no's Brian Chinavar?
In A. Beth was another one oi Frankie's li A. Brian Cninavar is the material handler,
IT friends that she had hired to work [or us. I2 I guess they call it, at work. He works the yard and
IB Q. nid you ever report Beth for engaging IB root loads.
I9 in inappropriate conduct? 19 Q. He still works there?
24] A. No. 21] A. Yes.
21 Q. Did you ever observe Beth U'Aguanno 21 Q. Have you ever heard him make any sexual
22 engage in any appropriate conduct? 22 comments?
2] A. I guess if you consider her telling 23 A. Hot really. You know, again, not
24 that joke inappropriate, then yes. 2i directed at anybody. -
25 Q. Anything else? 25 Q. hell, I dirln't quality it like that.
26 28
l A. Ho. I Have you ever heard Brian make any
2 Q. You liked Beth, didn't you? 2 sexual comments, whether they were directed at
l A. She WGS okay. 3 somebody or directed at no one in particular?
4 Q. You respected her, didn't you? 4 A. Yes.
5 A. Hot really. 5 Q. l-Iave you ever heard Roger Sole make
6 Q. llhy? 6 sexual remarks whether they were directed at somebody
T A. I sean, I just didn‘t think she was l in particular or no one in particular?
H professional in the workplace with us. Iou know, we B A. has that work? After work?
9 were always shorthanded. lie needed help and we 9 Q. Ho, at work?
lo couldn't get any. lo A. Yeah.- leah.
ll Q. So you thought she was lazy, is that ll Q. Hho’s Rich Toddey?
12 what you’re telling me? 12 A. Rich Toddey used to he a driver for oinr
I3 A. Yes. She was lary. She was late. ll oompany.
I4 Just her work ethic, I mean, it m just laughable. it Q. Have you ever heard Rich Toddey make ‘
15 Q. And that's what -· this is what I want I5 any sexual remarks at work in general or in particular
In you to -- if you believe this, this is what I want to 16 to someone? _
17 took- I? A. Ab, not really.
ld A. I sean, won she left we found IB Q. lIho's liarviu.'I‘emik? ‘
I9 paperwork that was just stuffed in drawers that, you I9 A. Marvin is like our fleet manager.
2u know, that she was hiding. orders that cam: {ron 2o Q. Does he still work there?
2l customers that she wouldn‘t process for whatever 21 A. les.
__ 22 reason and we don‘t know anything. 22 Q. Have you ever Marvin Ternik make any
2} Q. How do you know it was her who put then 2} sexual remarks to no one in particular or to someone
24 in there? 21 specific?
- 25 A. I don‘t know. It was her desk. It was 25 IIA. 'JEIIDITII; ohject to the torn. ‘
DONNA IJFELAVLNA REPORTING _
Case 2:03-cv-01408-DGC Document 79-8 Filed 08/22/2005 Page 2 of 4
CONDENSED TRANSCRTPT OF PEDRO SANTIAGO- 6f23f2U{J4
22 is
I Q· B`! ini. HQNTOYA: No? 1 place the orders in our system for that custoner and
2 h. Ho. 2 then turn around and buy that material through a
3 Q. You were once branch manager, were.n't 3 purchase order from one of the manufacturers and, you
4 you? 4 know —— you know, fair that stuff over to nate sure
5 A. Yes. 5 that the tile was coundtted to us. and that‘s how the
E Q. and yon‘re no longer branch manager, E paperwork went to our dispatcher. You know, the
7 are you? 7 customer releases and then you would have it sent out.
3 li. That's Correct. 3 Q. are you talking about purchase orders?
9 Q. if yon‘re so competent, why aren’t you 9 4. Yes.
lu branch manager anymore, Hr. Santiago? 1Q Q. Did you ever do purchase orders?
11 h. hs 1 stated earlier, sir, it depends on 11 4. Yes.
12 the circumstances yon‘re left with. if you have to 12 Q. Did Frankie ever do purchase orders?
13 dig out of a $2Eu,uuQ hole. 13 4. Yes.
14 Q. oh, so it's somebody e1se's fault? 14 Q. So could you have trained Beth to do
15 Fr. Yes, it is. 15 purchase orders?
1E Q. khose? 16 h. Yes.
. l? .4. Frankie, I would say. 1? Q. Could Frankie have trained Beth to do
_ IE Q. So it‘s Frankie fault that yon‘re not 1B purchase orders?
19 branch manager not your fault? 19 li. 1 believe so.
2u h. iio. 2U Q. Did Frankie ever ask you to train Beth
E1 Q. is that what you’re saying? 21 to do purchase orders?
22 14. No. 22 .4. Ho, sir.
23 Q. It's your fault you're not branch 23 Q. If you had to show somebody how to do a
24 manager, right? 24 purchase order -- or withdraw.
25 4. I guess ultimately, yes. 25 How long does it take to do one
23 to
l Q. had it's your fault that you're just an 1 purchase order?
2 inside salesperson instead of a supervisor, right? 2 HR. HQN'1i}Yh: Objection, foundation.
3 .4. That's what Ivant to he, sir. ? THE FHTQISS; hell, you know, a purchase
4 Q. So you have no desire to advance in 4 order can be kicked out and printed in probably a
5 your career, do you? 5 ntiuute or minute and a half.
6 .4. No, sit. 6 Q. BY HR. \"ENTiI’i"TI: How many purchase `
1 Q. and you're happy with where you are, 2 orders do`you think you've done on your own in the
B right? H past two years?
9 .4. 1'n happy, sir. 9 4. 1,0QU, I don't know, a couple few
in Q. So you're not very ambitious, are you? lu hundred.
ll .4. Yes, 1 an when it cones to other 11 Q. So yon‘re very familiar with the
. 12 things, . - 12 procedure?
· ll Q. Like what? _ ll 14. Yes, sir.
14 li. 1t's personal. 14 Q. You said you could complete a purchase
15 HR. HUii'1llYi4: Qkay. I don't have any further 15 order in one to two minutes?
in questions for you. 16 HH. HQNTQYL4: objection, foundation.
12 lin. VENDIYTI: h few quick ones. I? '1‘HEHI'i'HESS: Yes.
18 1B Q. BY MR. vEHDI'i'i'I: How long would it
19 FURT1-IER E1i.4i41Hh‘i‘Ill1i 19 take you to train somebody on bow to do purchase
2U EY HR. Y'END1'i'1`i: 2Q orders at the Hesa branch?
2i Q. Hr. Santiago, what was Beth‘s job when 21 HR. HONTQYA; objection, foundation.
22 she was at the Mesa branch? 22 THE HITNESS; Probably take then a day, you
23 1. She was kind of a data entry to place 23 know, to nonnally explain and have then printing out a
24 orders with —— see, she was supposed to take orders 24 purchase order by the end of the day.
25 from our custorers that were faxed in or called in and 25 Q· BY nn. VENDITTI: Que dai'?
DONNA DELAVTNA REPORTING
Case 2:03-cv-01408-DGC Document 79-8 Filed 08/22/2005 Page 3 of 4
('IONI)1€NS1il) "1`RA N$CRI1"I` Ol? }’l€1)RO SANT1A(}O 0223/2004
l I E·iT}‘1TFZ UF ARIZONA F
2 U Now, how long would it take soneiiody in NWT? (IF MHMM g ee-
1 that position to get comfortable enough with the l
l position to he left ou their own to perform the je-L? 4 M IT mm um. me im_mOm_? www mn wi
5 be more A WHL H rxntt-n-ix-fnu· me ivmrui 11et1.m.rmi=r 4
E not he mre than a week. 1 HEMI, there‘s only, you _ _ _ " _ _ ` _ __
1 know, tour or tive people that you buy from when it b Repgl-LH Ulm? Sim uf Mmm'. than the www
S cohes to root tiles, which they did. There was only T Mm° t°`mf"1""° was dm W (`'I1 hl M m www W
9 four vendors that you had to deal with and, you know, 9 ew `mle mth; um` uw `MMGM pticmmm by
lh they were all roof tile. ll was pretty sioele. S °"`"`S`" eee °°“` `°'l""" "[ ""’ """°°° `°`°°°[`°
11 Q. Did Beth make mistakes on purchase N mm" dw" by "`° L" Sl"`°°l“°° ‘"`° °h°`â€`"fL°Y
12 orders? :1 ritinzacxitzeeti Lott. l.‘{'|Jr.¢\-'fl|ZIl.f\Q by me.- fh-rr the r·>:·e—3··.¤1··.·;;
U YES- Several. mis']-kas __ 12 H? pages: .11+- A i·ult_ true; amd au;-cucrur: L1’.a!1+¢:‘ri]>L of
14 you know, she would tak our pricing -- you know, she U ‘“' "“°'"“‘“""S ""’ "`*" i"“""" ""°’ """ “""""`“` "°"" U"`
15 would do a purchase order to a vendor with our costs ‘* """*"‘* "' â€""’ ""* ’‘’‘‘ “"°"· "“ °° ““* ""“ "l “" °"“‘
16 on it, what we were huyinq it for and she would fax it ‘“ ~‘"° °"““*-
11 LO thc mstmm because She was doinq an Order for 3 1.6 1 moraine cenrrev that 1 arr: in no uayr relenzrl to
gg mstumm our mst tu [hg WSLWEL H nm enpmyeri by any at me part; tee harem, our am 1 in
19 She would do a purchase order to, 1et‘s 1** env ver i¤¤e=r¤=¤*=¤· ie me ¤¤t¤·*··e '·***·=°*-
El] Sag! picyyam and eaqle pallgtg gn thgyg g[ 151 UATET1 ae Pnrmnix, Arizona, ehis arti my of July
21 something like that. You loiow, pallets are ae ¤¤¤·=-
22 refundable, you have to sell then and inventory them 21 [_ml_ m_I__VmI CCR wm
21 and everything else and inventory gets used and stuff aa
2·l like that. Things along that line. 2a ‘
25 MR. lfEllD1'lT1: 1 have nothiog further. za
B2
1 Mil. 1·lOl1'l‘U`1h: 1 don‘t have anything further.
2 HR. VENDITFI: He will read and sign. `
3 (whereupon, the deposition was concluded at
l 2:15 pan.] -
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PEDRO SLHTULGU
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DONNA DELAVINA REPORTING ‘ --
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