Free Opening Brief in Support - District Court of Delaware - Delaware


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Case 1 :05-cv—00891-SLR Document 61-2 Filed 05/22/2007 Page1 014

Case 1 :05-cv-00891-SLR Docu ment 61 -2 Fi led 05/22/2007 Page 2 of 4
Blozis v. Mellon Trust of Delaware, et al. ~
Linda J. Blozis, Volume 1 C.A. # 05-891 (SLR) July 26, 2006
~ Page 130 Page 132
1 Q. When you say, "time in,“ you mean years of 1 would be lnduded on the meetings, would there be an *‘
2 service with the company? 2 e-mall coming out from Brendan saying we're going to
3 A. Yes. 3 have a meeting on X dale and A, B and C should be `
4 Q. Why do you feel thats indicative of age 4 there at the meeting?
S discrimination? ' ' 5 A. As I recollect, there could have been over the
6 A. We were all on the same team. 6 time frame that he was the team leader, yes. ( 5
7 Q. So by “more jovial,“ you mean joking around? 7 Q. So you would get some advanced word of a
8 A. Frlendlier, more outgoing. 8 meeting date and who was to attend the meeting?
9 Q. You felt that with the older workers he dldn't 9 A. For the most part, yes, there would he advanced
10 have that same level of being friendly and outgoing? 10 notice.
11 A. No, I did not think that he had that same 11 Q. Then I think you testified that some meetings
12 level. 12 were done on the phone?
13 Q. Was he like nasty to the older workers in the 13 A. Yes.
14 meeting? 14 Q. And some in person?
15 A. I wouldn't use the term "nasty." 15 A. Yes.
16 Q. But wouldn't you say that he wasn‘t as jovial 16 Q. Any other examples of instances where you
17 or outgoing? I'm just trying to get a sense of how he 17 (thought Gilmore was being discriminatory on the basis
18 was appearing with the younger workers as opposed to 18 of age?
19 the older ones. 19 A. At this time I don't recall any.
20 A. If he was friendly and jovial with the younger 20 Q. You also --
21 ones, lt seemed apparent that he was aloof and distant 21 A. That's my phone.
22 and borderline rude to the older workers. 22 MR. l.aROSA: Lets go off l:he record for a
23 Q. And when you say, "borderline rude," what would 23 second.
24 he do? 24 (Discussion off the record.)
Page 131 Page 133 “
- 1 A. Just if they asked qustions he would be abrupt 1 BY MS. WILSON: ‘
2 in his answers or not have time for them then. 2 Q. Now, with respect to your complaint you also
3 Q. You felt with the younger workers he would 3 have a gender dlscrimlnation allegation. And focusing
4 answer their questions and have time to discuss 4 in on Gilmore -
5 whatever they were bringing up? 5 A. Excuse me. I'm going to shut my phone off.
6 A. Yes. 6 Q. Oh, sure.
7 Q. Did you ever approach him on this? 7 A. I'm sorry. would you repeat the question?
8 ‘ A. No. 8 Q. Sure. Ready? ·
9 Q. Did you ever speak with Rosemary or anybody 9 A. Yes.
1D from HR about how you felt the meetings were going? 10 Q. Golng badr to Gilmore. A
11 A. Not that I recall at this time. 11 A. Yes. ,
12 Q. Would lt be at all of the meetings that you 12 Q. And focusing now on your gender discrimination
13 felt that way or some of them? 13 daim. t
14 A. For the most part it would be at the 14 A. Yes.
15 predominance of the meetings. Not all ofthe team 15 Q. Carl you provide me with instances where you
16 members were always included. It would depend on what 16 feel that Gilmore either by word or conduct was
17 the particular situation required, whether it be 17 discriminating against you on the basis of gender?
18 officers or officers and assistants. 18 A. To the best of my recollection, when I might be ·
19 Q. Would you be included on all ofthe meetings? 19 in the Philadelphia offices and working alongside a
20 A. I was an assistant. 20 teammate for whatever purpose on an account I noticed
21 Q. So there would be meetings that you would not 21 that Dan Merllno would not seem to be as busy as we
22 be included on? 22 women might have been.
23 A. There were al: times, yes. 23 Q. And Dan Merlino was a portfolio administrator? .
24 Q. In tems of when the meetings were and who 24 A. To the best of my recollection, tl1at's how he
34 (Pages 130 to 133)
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Case 1 :05-cv-00891-SLR Docu ment 61 -2 Filed 05/22/2007 Page 3 of 4
Blozis v. Mellon Trust of Delaware, et al.
Linda J. Blozis, Volume 1 C.A. # 05-891 (SLR) July 26, 2006
V Page 134 Page 136
1 started on the team. 1 to do, do you know that?
2 Q. When you say that Dan wasn‘t as busy as the 2 A. As I recollect, lf he was given the tide of
3 women, what women? 3 portfolio administrator he would be given similar-
4 A. It would_have been while she was still under 4 duties as we women would be given.
5 the employ Kathleen Agne, Marlon whose name I don't 5 Q. And you took that something was amiss when you
6 recall. A 6 would call and ask for infomralion and he wouldnt
7 Q. I think I might have her name. 7 know the answer?
8 Is it Marion -- 8 A. Yes.
9 A. Marano. 9 Q. Did that lead you to believe that either - I
10 Q. -- Marano? 10 mean, whatl took from your answer is you would ask
11 A. It just came to me. Marano, Marion Marano. 11 him a question, he didn't know the answer and you
12 Q. M-a-r-a-n-o. 12 thought he should have known the answer?
13 A. Even Brendan's personal assistant, Cindy 13 A. On some occasions, yes. On other times if I
14 Chambliss. 14 asked could you check on something for me, he would
· 15 Q. Was Cindy a portfolio administrator? 15 defer to I'll have Marlon call you back or I'll have
16 A. I don't know what her correct title was at this 16 Cindy call you back.
17 time since she was Brendan's personal assistant. 17 Q. And did you think there was something wrong
18 Q. And Marion, she was a portfolio administrator? 18 with him -
19 A. Yes, as I recall. 19 A. I thought that —
20 Q. So when you say that you visited the 20 Q. - doing that?
21 Philadelphia oltice and Dan dldn't seem to be as busy 21 A. Yeah. I thought that he was very capable of
22 as the rest of the women, why did you lake that to be 22 getting the answers or being able to work as a team
23 gender related? 23 player and not defer to the women.
24 A. Be ·~ use I recollect there were instances in 24 Q. So it sounds like you were thinking that he
Page 135 Page 137
1 which Marlon and Cindy would intimate to me that we 1 wasn‘t pulling his weight?
2 have these tasks to complete and Dan did not have 2 A. Yes.
3 comparable tasks. He was not giving comparable tasks 3 Q. And instead of saying I'll have so-and·so get
4 in a comparable work position. . 4 you the answer that he should have gotten the answer
5 Q. And who would be the person in charge of giving 5 himself and given it to you?
6 Dan tasks? 6 A. Yes.
_ 7 A. It would he Brendan Gilmore. 7 Q. Did you ever have any conversations with
8 Q. And did you ever do sort of your own 8 Brendan Gilmore or Becker that Dan wasn‘t pulling his
9 investigation as to what task Dan was being given? 9 weight?
10 A. I don't understand your question. 10 A. You asked about the two of them.
11 Q. Did you know what task that Dan was being given 11 Q. Well, with either one of them did you ever have
12 to do? 12 any conversations that Dan wasn‘t pulling his weight?
13 A. There were specific job duties listed that the 13 A. I don't recall specllically at this time, no.
14 pordollo administrators were responsible for and 14 Q. Do you know whether l 15 sometimes we might have to work ln conjunction with 15 ever complained to Brendan or, and I'l| use his last
16 one another or ask questions. It seems sometimes when 16 name, Becker, Bill Becker that Dan wasn‘t pulling his
17 I would call Dan he wouldn't have the answers. He 17 weight?
18 would defer me to Marion or Cindy or- one of the women. 18 A. I have no way of knowing that at this time.
19 Q. And you took from there, from his deferment to 19 Q. Do you know whether Brendan or Bill had any
20 the females that he didrrthave the same work, the 20 knowledge that Dan wasn‘t pulling his weight? 4
21 comparable work that you had to do? 21 A. Do I have any knowledge? I don't know for sure
22 A. I took from there that he should have that 22 that they would at this time.
23 answer as part of his job and he didn't have it. 23 Q. Are there other examples of gender
24 Q. So in terms of whether he had comparable work 24 discrimination in connection with Gilmore?
35 (Pages 134 to 137)
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Case 1 :05-cv-00891-SLR Docu ment 61 -2 Filed 05/22/2007 Page 4 of 4
Blozis v. Mellon Trust of Delaware, et al.
Linda J. Blozis, Volume 1 C.A. # 05-891 (SLR) July 26, 2006
U Page 138 Page 140
1 A. None that I can recall at this time. 1 A. No. Ray Masucci was an officer. Dan Merlino ~
2 Q. If you would look at your complaint, paragraphs 2 was the portfolio administrator that I've been
3 56a through d. 3 referring to. `
4 A. Yes. 4 Q. And he was in the Philadelphia oflice?
5 Q. Just look at that because my question is 5 A. Yes.
6 earlier when we were talking about Brendan Gilmore you 6 Q. And did he replace an older worker?
7 had slated that he wanted to eliminate older workers 7 A. Yes, I believe he did. And I can't remember
8 off the team and replace them with younger people. 8 her name at this time.
9 Thats probably not a direct quotre, but that was the 9 Q. In your complaint you have him as an investment
10 gist ofthe testimony. 10 assistant?
11 Are these the younger people that you were 11 A. Yes.
12 refening, to 56a through d? 12 Q. Is that the same thing as portfolio
13 A. Yes. A 13 administrator?
14 Q. Now, with respect to looking at S6a, we have 14 A. To the best of my understanding, it's
15 got Investment Oflicer Bill Becker. Is it your 15 synonymous with portfolio.
16 testimony that Bill replaced an older worker? _ 16 Q. Do you know whether other individuals applied
17 A. Bill Becker was ultimately put in place as the 17 _ for the portfolio administrator/investment assistant
18 senior bust ofticer in Delaware. At the time of my 18 position that Dan got?
19 first employment, that position was held by Mr. Robert 19 A. I have no way of knowing at this time.
20 Bell. 20 Q. You have Assistant Maria Dunlop. Thats the
21 Q. So is it your testimony that Blll replaced 21 Maria that we have been talking about in the Delaware
22 Robert? 22 office?
23 A. Considering the succession, Martha Fetters had 23 A. Yes.
24 served as senior officer of Delaware in the interim 24 Q. And she came, in as the portfolio administrator,
Page 139 · Page 141
1 between Mr. Bell and Bill Becker. 1 correct? ’ ‘
2 Q. So Bill replaced Martha? 2 A. Yes.
3 A. Yes. 3 Q. And dld she replace anybody?
4 Q. Do you know whether there were any jobs, do you 4 A. I don't know if it's correct to say she
5 know whether there were any advertisements for the 5 replaced, but Kathleen Agne was fired. There was the
6 senior trust oflicer position? 6 time lapse between March and then Maria was hired in
7 A. At this time I don't recall if there were 7 July.
8 ‘ adverdsements. 8 Q. Do you know whether others applied for the ·
9 Q. Do you know whether there were any individuals 9 position that Marla ultimately got?
10 who applied for the senior trust officer position? 10 A. To my recollection, I think others slid. There
11 A. To the best of my recollection - when are you 11 were other interviews conducted. r
12 referring to? What time frame? I'm son·y. 12 Q. Do you know who was being interviewed?
13 Q. I was just following up on your testimony that 13 A. The names, I was not bold who they were. (
14 Bill replaced Martha Fetters as the senior trust 14 Q. Who was doing the interviewing for Maria's
15 officer. 15 position?
16 So my question was whether you knew 16 A. Initially it would have been Greg Landis and
17 whether there were people who applied for the position 17 then I'm under the understanding that Brendan Gilmore
18 of senior trust oflicer around the period that Martha 18 made the ultimate decision. ·
19 Fetbers lelt. 19 Q. And do you know whether any advertisements were
20 A. To the best of my recollection, I believe Bill 20 placed for the position?
21 said he was in competition with two other people, but 21 A. I'm not sure at this time.
22 I don't recall who they were. 22 Q. The next one, Investment Officer Kristy Hunt.
23 Q. Looking at b, Dan Merlino, is that l:he same 23 A. Yes. X
24 person we have been talking about, Masucci? 24 Q. Was she in the Philadelphia oflice? "
36 (Pages 138 to 141)
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