Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

, /4 . @agiaca——/0<¤2%·#0
__ 1N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OP ARIZONA
Beth D'Aguann0 and Frankie Tyree, )
) NO.CV03140HPHXDGC
Plaintiffs, )
} 2
vs. ]
}
American Builders & (;`OIlL1L`E1.CCOI’S }
Supply CO-, Inc., dcing business }
as ABC Supply Company, Inc., }
Defendants. )
} _
Q DEPOSITION OF CHQQTER {JERRY} Ey&§§_E§ggM&N, JR.
Phoenix, Arizena
June 23, 2004
9:00 3.111.
(COPY}
l . PREPARED FOR;
_ MR. JASON M- VENDITTI DONNA DELAVINA REPORTING
_ E 350 East Virginia
if suite 150
Â¥e~ . Prepared by: Phoenix, ArizOna 85004
Denna DeLaVina, CCR 50468 (602) 230-5454
Case 2:03-cv-01408-DGC Document 79-5 Filed 08/22/2005 Page10f2
\

CONDIHNSIEI) 'l`l{ANSCR.lP"l` OF CIIESTER (JERRY) EVANS PEARMAN, JR.— 6/23/2004
65 B?
1 Frankie does IIE. She treats re like a miller and l'n I opinion, and you're entitled to your opinion and your
2 tired ot doing all this work and I'n going to leave} 2 opinion night even he right -- hut ian't it true that
I And Frankie and I net with Patty after I you also tlirted with Frankie in good ton aonetines?
4 work over there to try to get Patty to stay. Patty 4 A. Yes.
5 was crying. Frankie was crying. And she said, 'Qh, 5 Q. And you didn’t mean anything hy it, did
l l 6 se*re tryin; to get her to stay.' She said, 'lIo.‘ 6 you?
` T She says, 'I'n leaving. Hy uind is mde up, I don't 'J A. Absolutely not.
H nant to do this anymore. I don't want to work for 8 Q. After you got back from Beloit,
9 Frankie ariyui1re.' So we said okay. 9 Wisconsin and you net with Boh Barrels, John Sinoneili
IU So I gave her money to go hone that ld and Lisa indgjer about this Frankie Tyree and sexual
ll night and buy her kids pizza because she didn‘t have ll harassment incident -·
I? any roney. I qawe her money to go buy their pizza. l2 A. ies.
li Q. Fatty or Frankie? li Q. ·- did your job duties change?
I4 A. Patty. ‘I`hat's how good friends we I4 A. het me think about that for a minute,
I5 were. I5 please.
lh Q. And you were good friends with Frankie IE Q. Sure.
I'! too, weren't you? U A. l w’aS [old not to go to Mesa and have
IH A. Yes. la anything to do with Mesa any longer as far as with
19 Q. And you attended Frankie'u wedding, IQ Frankie.
2Q right? 20 Q. Anything else?
2i A. Yes. il A. No.
22 Q. And she asked you to attend, didn‘t 22 l still worked with the salesmen.
21 she? Zi Q. What was Frankie'n job over at Hess?
24 A. les. 24 A. She was branch manager.
25 Q. And she actually asked you to give her 25 Q. Did a branch manager have sales
66 63
l away at her marriage, didn‘t she? 1 responsibilities?
2 A. That is right. 2 A. les.
3 Q. And were you honored to do that? 3 Q. You were Frankie*s bona. weren't you?
4 A. les. 4 A. Ho.
E Q. And did you do it? 5 Q. Here you ever Frankie's hoes?
6 A. ies. 6 A. Ho.
'l Q. Did you behave yourself at the wedding? 1 Q. 'Kho was Frankie'e boss?
S A. les. 5 A. John Simuelli was Frankie's boss.
9 Q. Did you have a little too auch to drink 9 Q. So it‘s your testinony, sir, that when
ID at the wedding, sir? ‘ lu you were sales manager, you were newer in charge ot
ll A. Ho, because I drove home. ll Frankie?
`‘.' 12 ` 2 Did you drinkatthe wedding? ‘ 11 A. 1 was not in rharge of her, uo.
· . li A. Yes. . . ‘ · li Q.. Did you have supervisory authority over
I4 Q. Did you flirt with Patty Seeber at the 14 her area you wereaalen manager? l ‘
15 Feilms? _ L5 A. Until she became sales manager.
16 A. Ho. IE Q. So she heme equal to you?
IT Q. okay, now, sir, I want to ask you -- l li A. Yes.
IB A. In that connotation, yes. _ - lll . Q. When did -- so it': your --
IS Q. Did you flirt with Frankie at the 19 A. let ne go hack. When you say she
2u wedding: ‘ 2G become egial to ne, she was branch nanager to mirage
21 A. bio. 21 the operations of the hraneh.
22 Q. How, sir, you know you're under oath. 22 Q. In Mesa?
2] right? 23 A. In Mesa.
‘ 24 A. les. 24 Q. Yea, sir.
25 Q. It‘¤ true that in good fun -- in your 25 A. Hy job was to work with the
DONNA DELAVINA REPORTING
Case 2:03-cv-01408-DGC Document 79-5 Filed 08/22/2005 Page 2 of 2

Case 2:03-cv-01408-DGC

Document 79-5

Filed 08/22/2005

Page 1 of 2

Case 2:03-cv-01408-DGC

Document 79-5

Filed 08/22/2005

Page 2 of 2