Free Motion in Limine - District Court of Arizona - Arizona

Transcript of the Testimony of:
CIN DY CONN
I Date: October 14, 2004
Case: D'AGUANNO v. AMERICAN BIJILDERS C
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Case 2:03-cv-01408-DGC Document 74-2 Filed 08/19/2005 Pagei of3

D'AGUANNO vs. AMERICAN BUILDERS -- CINDY CONN -— October 14, 2004
10 (Pages 37 to 40)
‘ Page 37 Page 39
1 Q Did he have your address? 1 know. You and I have not had a chance to speak
I 2 A Yes. 2 before, but we did meet at the last time that we
3 Q Did you have a cell phone back then? 3 were here for your deposition, you recall that?
4 A Yes, he -- 4 A Correct.
5 Q Was your cell phone a secret to 5 Q Okay. And, at that time, you were
6 Mr. Pearman? 6 deposed by Mr. Montoya and then we concluded the
7 A N0. 7 deposition at that point, correct?
8 Q Did he have your cell phone number? 8 A Correct.
9 A Yes. 9 Q Okay. Ms. Conn, you worked for ABC
10 Q Did Mr. Pearman ever call you on your 10 Supply from May 17th through July 24th, correct?
11 cell phone to ask you to do something work—related, 11 A About that time, yeah.
12 if you remember? 12 Q Okay.
13 A I don‘t -- I don‘t believe so. 13 A I gave my notice a little bit later, I
14 Q Did Mr. Simonelli ever call you to 14 think.
15 discuss your complaint in any way? 15 Q Right. But July 24th was your last
16 A Not at all, no. 16 day on the job?
17 Q No one from ABC Supply ever called 17 A I believe so.
18 you? 18 Q Okay. so that's two months and one
19 A Nope, not after -- not after my 19 week of employment?
20 conversation with Lisa Indgjer. 20 A Correct.
21 Q Did anyone ever inform you what the 21 Q Okay. About nine weeks, right?
22 results -- did anyone at ABC Supply ever inform you 22 A Correct.
23 what the results of their investigation of your 23 Q Okay. You've never met John
24 complaint was -— were? 24 Simonelli, correct?
25 A My -- I had contacted an attorney and 25 A No.
A Page 38 Page 40
1 they said that they -- 1 Q You've never met Frankie Tyree, right?
2 Q Okay. I don‘t want to know what your 2 A Correct.
3 attorney told you. 3 Q Beth D'Aguanno?
4 A All right. 4 A Correct.
5 Q I only want to know what ABC Supply 5 Q Never met Pedro Santiago?
6 directly told you regarding what the results of 6 A N0.
7 their investigation of your complaint was. 7 Q How about Roger Sole?
8 A ABC didn't tell me anything. 8 A No.
9 Q When you worked at ABC Supply, did you 9 Q How about Brian Chinevar?
10 ever meet a lady named Beth Ann D'Anguanno? 10 A No.
11 A No. 11 Q All right. How about Man/in Teerink?
12 Q When you worked at ABC Supply, did you 12 A No.
13 ever meet a lady named Frankie Tyree? 13 Q Okay. How about Dan Williams?
14 A N0. 14 A No.
15 Q Are you friends with Frankie Tyree? 15 Q Okay. You don‘t know who any of those
16 A No. 16 individuals are, correct?
17 Q You've only met Frankie Tyree in the 17 A I've never -- no, I don‘t even -- the
18 context of this deposition, correct? 18 names I don‘t even -- they don‘t ring a bell.
19 A Correct. 19 Q And you never visited ABC's Mesa
20 MR. MONTOYA: I don‘t have any further 20 branch, correct?
21 questions at this time. Thank you. 21 A No, I didn't.
22 CROSS-EXAMINATION 22 Q Now, you ultimately brought a claim
23 BY MR. VENDITTI: 23 against ABC; isn't that right?
24 Q Good evening, Ms. Conn, my name is 24 A Yes.
25 Jason Venditti and I represent ABC Supply, as you 25 Q And the claim was based on what you
UNITED COURT REPORTERS
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Case 2:03-cv-01408-DGC Document 74-2 Filed 08/19/2005 Page 2 of 3

D'AGUANNO vs. AMERICAN BUILDERS -- CINDY CONN -— October 14, 2004
11 (Pages 41 to 44)
‘ Page 41 Page 43
· 1 perceived to be a sexually hostile environment, 1 BY MR. VENDI`l'l`I:
` 2 right? 2 Q Ms. Conn, let me correct that. The
3 A Correct. 3 first complaint you brought against ABC was with
4 Q Okay. You never made any claims based 4 the Arizona Civil Rights Division, correct?
5 on any direct sexual harassment toward you, in 5 A Right, correct.
6 other words, someone touching you or grabbing you, 6 Q And that claim was based on the
7 right? 7 presence of a sexually hostile environment,
8 A No. 8 correct?
9 Q Okay. And, in fact, the hostile 9 A Correct.
10 environment, the jokes and the filthy talk that you 10 Q Okay. And there was no claim of
11 overheard, none of that was about you, right? 11 retaliation, in other words, that anyone at ABC
12 A No, not that I know of. 12 retaliated against you for complaining about that
13 Q Okay. It was -— they were jokes, 13 environment, right?
14 sexual jokes, but they weren't directed at you or 14 A Correct.
15 about your body parts, for example? 15 Q Okay. And there was no claim that you
16 A No, but they were about women. 16 were treated any differently because you were a
17 Q Right. 17 woman, right?
18 A And I am one, yes. 18 A There was no claim?
19 Q Right, I understand, right, but not 19 Q Right. You weren't claiming that you
20 you? 20 were paid less than men or you were treated
21 A Right. 21 differently because you were a woman, you weren't
22 Q Okay. Okay. And so your claim was 22 claiming --
23 based on your overhearing jokes and things of that 23 A I didn't -- I didn't claim that but --
24 nature in the workplace, correct? 24 Q Right, you didn't claim that ——
25 A Correct. 25 A -- no.
Page 42 Page 44
1 Q Okay. You never brought a claim 1 Q —— you were discriminated against
2 against ABC for what‘s called retaliation, correct? 2 based on your sex as a female, right?
3 A Correct. 3 A I didn't claim that, but I felt that.
4 Q And you never brought a claim against 4 Q You did?
5 ABC for what‘s called gender discrimination, 5 A Yes.
6 correct? 6 Q Okay. Well, we'll talk about that in
7 MR. MONTOYA: Objection, form and 7 a few minutes, but let me keep going with —- with
8 foundation. 8 my questioning if you don't mind. And you resigned
9 THE WITNESS: I'm not sure what-- I 9 your employment from ABC, right?
10 can't recall what was written on the lawsuit 10 A Correct.
11 documents, exactly what the attorney wrote. 11 Q You never brought a claim based on
12 BY MR. VENDI`l'l`I: 12 wrongful termination, right?
13 Q Okay. The -- you brought a claim with 13 A No.
14 the EEOC first, correct? 14 Q Because you resigned?
15 A Correct. 15 MR. MONTOYA: Objection, foundation.
16 Q And then ultimately you brought a 16 BY MR. VEND1'l`|'I:
17 lawsuit? 17 Q Right? Right? You never brought a
18 A Correct. 18 claim based on wrongful termination because you, in
19 Q Okay. 19 fact, resigned, right?
20 MR. MONTOYA: Okay. I need to object, 20 MR. MONTOYA: Objection, foundation.
21 Jason. She brought her claim, for the record, not 21 THE WITNESS: I don't remember what
22 with the EEOC but with the Civil Rights Division. 22 was in the documents 'cause I felt I was forced to
23 MR. VENDIT'l'I: You're correct. Thank 23 resign.
24 you. Thank you. 24 BY MR. VENDI'lTI:
25 MR. MONTOYA: Sure. 25 Q Okay. Did you ever bring a claim
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