FOR THE I] I STR I CT OF ART ZONE
BeLh D'Aguanno and Frankie Tyree, }
) No.CV031408PHXDGC
Piainhitls, }
}
vn. }
}
American Builders & ContraeLors }
Supply Co., Inc., doing business }
_ as ABC Supply Company, Inc., )
}
DeEendant. }
_.... --.--_ F
><; DEPOSIE;QN_QF RRYAN_CNINAVAg§
Phoenix, Arizona
September 1, 2004
9 : OU a . 1TI .
(coPY)
PREPARED FOR:
MR. JASON M. VENDITTI DONNA DELAVINA REPORTING
@*1 350 East Virginia
%_§ Suite 150
{`“ Prepared by; Phoenix, Arizona 85004
`—. Donna DeLaVina, RPR, CCR 50468 {602) 230—5454
Case 2:03-cv-01408-DGC Document 79-4 Filed 08/22/2005 Page 1 0f3
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l minute2' And, you know, that's when l shut the door, l yesterday.
2 walked outside and she cane out and started yelling at 2 Q. And that's the first time yon'd seen
3 me. l said, "lou know what, you're a hitdi.' l said, l it?
·l 'lt‘s bullshit. You don't need to tail to me like l A. Yes, sir.
5 that." lou know, "l just asked you a simple question, 5 Q. Is that the first time you knew about
6 all you need to do is say yes or no or not right now} E it?
'l That’s all she had to do. 3 A. Besides talking to him about three
H Q. And what did she say when yon finished? ll weeks ago on the phone, yeah. I didn’t even know who
Q A. llothing. She talked to Roger. Because 9 he was when l picked up the phone. They said, 'Bryan,
lll I walked off, I walked olf because I was upset. lll ABC's lawyer is on the phone.' I was like, "0h,' I
ll Q. When did you first learn, sir, that ll didn't know what l did wrong. i didrft know.
12 Beth D'Aguanno and Frankie Tyree were suing ABC 12 Q. Okay.
13 Supply, your enployer? il A. l mean, you've got to understand, sir,
ll A. l actually didn'l know that until I got ll this has been -·
t5 my paper in the mail. lh Q. A few years ago?
_ lh Q. What paper was that, sir? IE A. -- years ago, man. I mean, through
ii A. Just whatever that thing is right ll that period of time, I didn‘t know what was going on.
IB there. lll Q. Hell, as you know, because you
19 Q. Notice of Deposition? 19 mentioned this other issue, these things take a long
2G A. There you go. 20 tim.
2l Q. kl`hen's the first time you met Jason 2} A. Yes, sir, they do.
22 'Jendttti? 22 Q. And that's nohody's fault.
23 A. Yesterday afternoon. l talked to him 23 A. No, sir. That's just how the court
24 on the phone once and met with him yesterday. 2·l goes, I guess.
25 Q. When did you speak to him on the phone? 25 Q. And you haven't read a copy of their
TT " ru
l A. About three weeks ago. 1 lawsuit, have you?
2 Q. What did he say? 2 A. Meaning?
3 HR. VENBITTI; Gbjection, privileged. 3 Q. You lrnow a lawsuit is written, it's the
A Q. Bf HH. l·lfJH‘f0fA: Is he your lawyer? 4 paper that's filed with the court. You haven't read
5 Hill. VENBITTI: Privileged. 5 it, have you?
E THE KITHESS: Yes, sir. 6 A. like what does it l.ook like? I mean,
`l Q. BY MH. HTATGYA: Ehy do you need a T I've got several pieces of paper, but l don't know
ll lawyer? Is somebody suing yon, Bryan? H what you‘re --
9 A. I don't know, man. Let me tell you 9 Q. Hell, let just ask you this question.
lll something. lll A. Okay.
ll Q. Go ahead, tell me. I'm here to listen. ll Q. Has anyone shown you any papers that
12 A. You're asking me stuff that doesn't - i2 have. been filed with the oourt in Beth and ¥zankie's
. · I3 pertain to what l’n here for. I‘|1ean, he'; ay lawyer. 1] `oase against ABC Supply? ` .
ll He's representing ABC Supply Company. l mean, my ll ‘ A. Ho, sir; l got the affidavit and then
15 lawyer deals in children, divorce. lf you want to 15 my thing for my deposition. 'l'hat's it.
lh talk to him, I will give you his number. 16 Q. Did you witness Jerry Pearman and
ll Q. I‘m fine. ll Frankie 1'yree work together?
_ lll A. But he's representing ABC Supply lil A. They -— well, ABC Hess was its own
19 Company so, yeah, he's my lawyer. llhy do I need a ii branch.
20 lawyer? Because Beth and Frankie are tripping out ZH Q. Sure. `
2l over some stuff and l‘m brought here today to talk 2l A. ABC Glendale was its own branch.
22 with you. 22 Q. okay. ·
23 Q. Have you read any documents in this 23 ` A. So Frankie was manager of llesa ABC and
24 ease? 2l Jerry was manager of Glendale AEC. I mean, they
25 A. I looked over BetIi's affidavit 25 worked together. But I mean other than that, they
DONNA DELAVINA REPORTING - 602 . 230 . 5454
Case 2:03-cv-01408-DGC Document 79-4 Filed 08/22/2005 Page 2 of 3
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I weren't over each other. hike Frankie wasn't Jerry's l was going on. and the nent day when I came into work
2 boss and Jerry wasn't Frankie's boss. Ile were two 2 that's when I was told that Frankie was no longer
I separate branches. I manager.
·i Q. But let me get specific with you. I Q. I want you to tel]. me about, you know,
5 A. okay 5 there was a meeting, tell me everything you remenber
E Q. Bid you ever like witness with your own 6 about that meeting, Bryan.
I two eyes Jerry Pearman and Frankie Tyree work I Ir. I believe -· I think it was a meeting
H together? ` B to update us on how we were doing as a branch. I can
9 It. On occasion Jerry would come down. I 9 remember vaguely I think thal.’s the day Richard Toddey
lt] moan they would go over paperwork or Jerry would come lil asked Frankie if he could step down as dispatcher
II down to, you know, to do something for cash customer Il because he wasn't spending enough time with his
I2 or a ticket or somebody that was coming to ABC, buying l2 Ianily. Ind I'm trying to think, but I want to say I
li out ot Glendale but wanted to pick it up in Hess. He I3 think that's it, Richard Toddey stepped down as
li would cone down, but l‘d never seen them -- I don't ll dispatcher and John Simonelli was present. had it was
I5 know. Like meaning work together, what do you mean? I5 just like a group meeting. It was after work. all
IB Everybody works together. IS the semi guys were involved and I know a lot of semi
II HR. IEHDITII: Object to the [orm of that II guys had a lot of problems with Frankie.
IH too. IH I‘m trying to think back. hll I
li Q. BY Int. Homoill: Here's what I’m IS remember is it was a meeting on how the branch was
2O getting at: If Frankie claims that Jerry Pearman 2O doing.
21 grabbed her on the hott., you wou1dn't know that, would 2i Q. Ion were there, right?
22 yon? 22 n. I was present, everybody was present.
2} li. I wouldn*t know that, no. 23 Q- Was Frankie t-here?
24 Q. So you wooldn't know whether that was Zi Pr. Yes, she was there.
‘ 25 true or false, would yon? 25 It was like kind of mandatory. John
I- in I2
1 II. I wouldn‘t know. I Simonelli was there. lie talked with us about things.
2 Q. Do you know whether or not Frankie 2 Frankie talked to us about a [ew things. Ilnd all I
I eonplained that Jerry Pearman was grabbing her on the 3 can remember is all the semi guys were outside and
4 butt at work? I they were having their discrepancies about something
5 HR. VEIIDITTI; Object to the form. 5 as drivers, they were going back and forth to each
6 Q. BY Hi. lloutoinz Do you know anything E other. hud then John Simonelli came outside and then
I about that? I the semi drivers approached John Simonelli.
H Ir. I don‘t, sir. Hot to myself I dom't. II Q. What did they say?
9 I mean, higher up might know. 'l'm a penn. She's not 9 Ir. I don't know.
lt} going to come to me with her problems. lll Q. were you there?
_ _ ll Q. I just want to find out what you know ll A. I was there.
I l2 about this lawsuit. ` - _ ‘ I2 - Q. But you don't remember? -
- · I3- ` ll. ‘ But to answer your question, no. - 1] h. " I don't remember. I want to say Doug. .
Ii Q. And you don't know whether or not ll ` Q. Doug Williams? ‘ ·
15 ABC':. Jerry's bosses retaliated against Frankie when 15 Pr. Ho, Doug Ilansgaard or —- he was a semi
IE she complained that Jerry was grabbing her on the IE driver, I think had the biggest problem with Frankie.
II butt, you don't know that either, do you? II Q. Do you know what it was?
III HR. IEHDITTI: Object to the form. IB Pr. I don't know what it was.
lg THE IIITIIESS: Ho, sir, I don'I;, 19 Q. Hot at all'? Hot even vague?
20 Q. BI IIE. HZIHTOII: Do you know why 2iI Ir. I don't know. I don't know if it was
21 Frankie no longer works at ABC? 21 about pay. I don't know what it was about. But I
22 lr. I don't. The way I kind of think it 22 remember Doug ~- I remember seeing Doug going to John
· ` 23 was handled was kind of like wrongful dismissal, but I 23 Simonelli, talking to John Simonelli and then I
‘ 2l don't know. All I know is it happened. Ile had a 2i remember John Simoneili taking Frankie off. And then
25 meeting. John Simonelli was there and a lot of drama 25 I remember Frankie freaking out and then that was it.
DONNA DELAVINA REPORTING — 602 . 230 . 5454
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