Free Appendix - District Court of Delaware - Delaware

Case 1:05-cv-00022-IVIPT Document 112-12 Filed 08/28/2006 Page 1 of 3
In The Matter Of:
St. Paul Mercury Insurance C0., et al v.
Maly Yan
Sterling Newsome
June 29, 2006
B&R Services for Professionals, Inc.
235 S. 13th Street
Philadenyhia, PA 19107
(215) 546-7400
FAX (215) 985-0169
Original File 06296mp1.txt, Pages 1-149
4 Word Index included with this Min-U-Script® g

Starring Ncws0m.Case 1 :05-cv-00022-IVIPT Document 112-12 Filed O§{2;S3,(2;QQ§,cu,§’gge,2n9J@0_, et ,,| v_
June 29, 2006 Maly Yan
Page 117 Page 119
{11 Q. Is it possible that Yan Thou had some [11 A. Yes.
rzr arrangement with Pack and Process, that you were rz; Q. The next question that was posed to her was
rar not aware of whereby she was asked to drive these rar and you were working as a quality control employee
rrr employees to and from the factory? ru at the factory. And the answer that she gave was
isi MR. MARCEL: Excuse me, you said Yan isi yes. Do you agree with that'?
rar Thou and you said she. rei A. Yes.
m BY MR. VAN NAARDEN: rn Q. The next question was and as part of your
rar Q. I‘m sorry, Maly Yan? rei duties you would transport workers from their homes
rar A. I understood. No, I don't think so. I would rei in Philadelphia to the factory and back home to
{101 have been aware if something was. rmi Philadelphia, right? And the answer she gave was
mr Q. Are you aware that Maly Yan, like yourself mr correct. Do you agree with that?
(121 today, has given a deposition under oath two times [12; A. No.
nar and has actually testified in a court or law. One usr Q. Do you think that Maly Yan is lying when she
rm time in relation to her employment relationship uri says that? And I'll represent to you that that is
usr with Pack and Process. Did you know that? usr what she said.
{161 A. I heard she had a case, yes. rm A. I think that what she means when she did that
{171 Q. I'm sorry? mr is she was driving for her father, transporting
rm A. I heard she had a case, yes. usr people on that day.
rm Q. But my question was different. I'm sure rm Q. S0 you believe that she meant something
:201 you're aware that she had a case. But were you {201 different than what she said under oath on January
mr aware that she gave testimony under oath? rzri 20, 2005?
mi A. Yes. Ifshe had a case, if she was involved mi A. That would be, yes, 1 feel that her
rz:] in a case, I am sure she did. mr interpretation is different, yes.
mi Q. Did you ever discuss with anybody, other than mi Q. She was also, just like you, sat down for a
Page 118 Page 120 T
ui your attorney, who you said you didn't talk to rrr deposition on September 24, 2003. She was sworn
m anyway -- rzr under oath and I'll go through with you again some
rar A. I have not really talked to him. rar stuff. She was asked on page 69, line 6, the
ru Q. I don't want to know about it. The content of rrr question was posed to her, this was by Mr.
rsi Maly Yan's testimony? rsr Villalobos, who is defense counsel. What
rar A. No. rei supervisor was it that told you to transport people
m Q. I'm going to make some representations to you rn to and from work. Her answer was Sterling. The
isi about the content of portions of Maly Yan's rar question was then posed to her, Sterling Newsome?
rg; testimony. Okay? rg] And her answer was yes. Do you disagree with that?
[101 A. Yes. [101 A. I think that I said to her one time, but not
(111 Q. That she gave under oath. The first of which [11] in a official capacity, I said, she asked how are
uz: I'm going to tell you that on January 20, 2005 in rm we going to get back and forth to work. And said,
mr City Hall she was called to the stand and asked a usr I guess you'll have to drive. But that was not in
rm few questions relating to her employment agency. uri an official capacity of Pack and Process. That was
[15] Okay? rr:.] just as two friends talking.
usr A. Okay. rrr;] Q. That conversation, did that occur at the
rm Q. And I'm going to represent to you, for my plant'?
[18] purposes of this deposition, that when asked on the mr A. Yes.
rm date ofthe accident, on June 18, 2001, you were usr Q. So it occurred, it occurred during the hours
mr working for Pack and Process located in Delaware, rzor in which she was working as a QC operator?
[211 right? {211 A. It was either some time during the day there
mr A. Correct. rzzr one time.
my Q. The answer she gave was correct. Do you agree rzzr Q. She was on the clock at the time that you had
rm with that? rm this conversation, correct?
Page 117 - Page 120 (30) Min-U-Script® B&R Services for Professionals, Inc.

Case 1 :05-cv-00022-IVIPT Document 112-12 Filed 08/28/2006 Page 3 of 3
St. Paul Mercury Insurance C0., et aI v. Sterling Newsome
Maly Yan June 29, 2006
Page 121 Page 123
rrr A. Correct. But I didn't make it in the ru drive the van in May and June of 2001. Another
rz] official capacity of being plant supervisor. rzr attorney chimed in, you mean directly or
rar Q. Did you express that to her, and say listen, rar indirectly. Mr. Villalobos said directly and the
ru we're having this conversation just as two friends rn witness says, yes, Pack and Process paid me.
rs.; and this is in no way, I'm in no way talking to you rst A. If they did I wasn't aware of it.
ret as your supervisor? ret Q. Okay.
m A. I guess I assumed. in A. Because she was offthe clock. And I had to
rei Q. But you didn't explicitly say that to her. rar review the hours every week. So, if she was being
[gr A. I didn't say, Maly, you‘re going to have to do rat paid it was by somebody else.
rm it, no. rmi Q. Okay. I'm going to go through another
rm Q. The next question was and when it was, and rm transcript with you but before I do that, were you
{121 when was it that Sterling Newsome told you to drive rm aware of a document that Maly Yan was asked to sign
rm the van to transport workers. And her answer was rm after the accident after she came back to work? Do
rm after my father got his license suspended. As far rm you understand that question?
usr as the time frame is concerned, do you agree with usr A. I think Cheryl had her sign something, yes.
usr that? rm Q. Were you aware of the fact that actually
rm A. It was after that, yes. rm Steven Ames asked her to sign something?
nar Q. Okay. And then the next question was under rm A. I don't recall.
rmi what circumstances was it that Mr. Sterling Newsome rm Q. Were you, did you believe you were present -—
mt first came to you and spoke to you about driving mi first of all, how did you know that she was asked
mr the vehicle. And the answer was because he did not mr to sign something, were you there?
rzzi want my father to leave the place, and he does not 1221 A. It was mentioned by either Cheryl or Maly. I
[zz; want to lose us from the company. Would you agree rz:] wasn't present I don't think.
mi with that? mr Q. What was your understanding of what she was
Page 122 Page 124
ui A. Yes, I'lI agree with that. ur asked to sign?
rzr Q. And then it says, so what did Sterling Newsome rzr A. I really don't know. I think it may have been
rar say to you. Answer, told me to bring people to rar something releasing them from obligation about her
in work into the company and also work at the company rrr hip.
rsr as employee. Do you remember having that rsr Q. About her hip?
ret conversation with her? rei A. Yes.
rn A. I would say that's sort of chopped up there m Q. Explain that to me, do you have an
rar but it's, probably discussed. But, once again, rar understanding that she injured her hip in the
isi that was as two friends talking, not as me being -- rar accident?
{101 I wasn't her supervisor. Cheryl was her rm A. In the accident, yes.
rm supervisor. She worked for Cheryl. I made two rm Q. Okay. Did you have any discussions with
{121 separate, even though I was responsible for both of rm Steven Ames, or anybody from Pack and Process about
rm them, I maintained deferitian (ph.) between the rm this document that Maly Yan was asked to sign? I'm
rm two. Cheryl ran her department, I ran mine. rm going to get it for you so you can see it.
usr Q. But like you said, I understand that. But you ust A. I don't recall, to be honest with you I don't
[161 were responsible for Cheryl and for Maly, correct? [161 recall. I'm not trying to avoid your question, I .
rm A. Theoretically, yes. rm just don't recall. There was so much going on at
rm Q. The next question was did Sterling Newsome rm that time.
rm provide you with a vehicle to drive or would you rm Q. I understand that. Off the record.
1201 just drive your van. Answer drive my own vehicle. mi VIDEO OPERATOR: Off the record 1:04.
r211 Any reason to disagree with that? rzu (Whereupon there was a short
[221 A. True. mi off—the-record discussion.)
rm Q. Okay. Then the next question posed to her was mt VIDEO OPERATOR: Standby. On the record
mi did Sterling Newsome or Pack and Process pay you to mi 1:06.
B&R Services for Professionals, Inc. Min-U—Script® (31) Page 121 - Page 124