Free Appendix - District Court of Delaware - Delaware

1, ` Case 1 :05-cv-00022-IVIPT Document 112-11 Fi|eG@NB£N§E@
_» <41 ` 1 IN THE UNITED STATES DISTRICT COURTV
U 2 FOR THE DISTRICT OF DELAWARE
3
ST. PAUL MERCURY INS. CO. : CASE NO. 05-0022 (KAJ)
4 and :
PACK & PROCESS, INC. :
5 :
VS :
6 {isa,} :
MALY YAN :
7 ________
YAN THOU, et al. : CASE NO. 05-00513 (KAJ)
8 :
VS :
9 :
‘~· PACK & PROCESS, INC., et al:
10
U 11 MONDAY, JUNE 5, 2006
12
13
14 Continuing videotape deposition of
15 MALY YAN, taken at the law offices of DEASEY,
16 MAHONEY & BENDER, LTD., 1800 John F. Kennedy
17 Boulevard, Suite 1300, Philadelphia, Pennsylvania,
18 on the above date, beginning at 10:20 a.m., before
19 Susan Lauer, Court Reporter—Notary Public, there
20 being present.
21 - - —
22 LOVE COURT REPORTING, INC.
V 1500 MARKET STREET
W 23 12TH FLOOR, EAST TOWER
,2 PHILADELPHIA, PENNSYLVANIA 19102
24 (215) 568-5599

Case 1 :05-cv-00022-i\/I PT Document 1 12-1 1 Filed 08/28/2006 Page 2 of 3
. Maly Yan
Page 59 Page 61
V 1 father drive when you first started working for 1 right?
2 Pack & Process? 2 A. His American name is David, and his
3 A. It was Chevrolet Ram. 3 Cambodian name is Sdey.
4 Q. A van? 4 Q. What is his American last name; do
5 A. That's correct. 5 you know?
6 Q. The same van that was involved in 6 A. I don't know exactly.
7 the accident? 7 Q. David Thatch, does that sound
8 A. That's correct. 8 familiar?
9 Q. And how many people did your father 9 A. Maybe, because he's Vietnamese.
10 drive to work? 10 Q. ls it your testimony that David
ll A. Depends. Sometimes 10 people, ll Thatch told you that Pack & Process was paying your
12 sometimes 12 people, sometimes 13 people. It depend 12 father to transport workers?
13 on the company's need. 13 A. That’s correct.
14 Q. Did you pay your father for 14 Q. Do you have any —— do you have any
15 transportation? 15 other knowledge — or let me withdraw the question.
16 A. The company paid for him. 16 Other than David Thatch telling you
17 Q. What company? 17 that Pack & Process paid your father, do you have
18 A. Pack & Process. 18 any other information that would prove that Pack &
19 Q. How do you know that? 19 Process paid your father for transportation?
20 A. Because my father talked to the 20 A. I didn’t know exactly at that time.
21 company. 21 The only thing that I did was just working and get
22 Q. Other than your father —- well, let 22 paid, and I know for sure that he got paid from that
23 me withdraw the question. 23 company.
24 Did your father tell you that 24 Q. I understand. I understand, but
Page 60 Page 62
1 Pack & Process was paying him? 1 that's not my question, ma'am.
2 A. He didn'tte1l me about that, but he 2 My question is other than David
3 say that the company pay for him. So if the company 3 Thatch telling you, do you have any other facts to
4 didn't pay for him, how can he pay for the other 4 support your testimony that your father was paid by
5 worker? 5 Pack & Process to transport workers?
6 Q. I want to know, how do you know that 6 A. I don't have any —- any proof to
7 Pack & Process paid him? 7 support that, but I know for sure that he got the
8 A. Because the other guy's name -— by 8 money from that company and --
9 name Sdey -- (interruption by the court reporter.) 9 Q. And do you -—
I0 THE INTERPRETER: By name Sdey. I0 THE INTERPRETER: Sony. I'm sorry.
11 MR. DEASEY: The other guy's what'? 11 Ask her to repeat that question again ·- the
12 May'? 12 answer again.
13 THE WITNESS: His American name is 13 T1-IE WITNESS; I don't have any
14 David. 14 evidence other than that to support the
15 MR. DEASEY: Oh, okay. The other 15 payment that my father got from the company,
16 guy's name —- 16 but I know for sure that he got the payment
17 THE INTERPRETER: Sdey. 17 from that company, and at that time I just
18 MR. DEASEY: Sdey? 18 working and get paid from my father, and 1
19 THE INTERPRETER: Yeah. 19 don‘t want to interfere with his business.
20 THE WITNESS: Say that the company 20 BY MR. DEASEY:
21 pay my father. 21 Q. ls the reason you are sure that your
22 BY MR. DEASEY: 22 father got paid by Pack & Process is because David
23 Q. Okay. You're talking about David 23 Thatch told you?
24 who's — who's real-- one of his names is Sdey, 24 A. David Thatch never say anything
5 (Pages 59to 62)
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Case 1 :05-cv-00022-i\/I PT Document 1 12-1 1 Filed 08/28/2006 Page 3 of 3
. Maly Yan
Page 95 Page 97
l 1 court reporter.) 1 withdraw the question.
2 THE INTERPRETER: Six hundred 2 Did you go down to the Snyder
3 something. (Interruption by the court 3 office?
4 reporter.) 4 A. Yes, I did.
5 MR. DEASEY: Ask her to repeat the 5 Q. On Buttonwood Street?
6 answer. 6 A. I went to the office between 10
7 THE INTERPRETER: Let me ask her 7 Street and Spring Garden.
8 to repeat-- 8 Q. Do you recognize a doctor by the
9 BY MR. DEASEY: 9 name of - I'll give it to the interpreter.
10 Q. Let me withdraw the question. 10 A. He's my family doctor and my
11 Did you go with your father to the 1 1 father's family doctor.
12 office when he applied for Social Security benefits? 12 Q. Okay. At ·— at the time your father
13 A. N0. 13 sold the van to you, did he own any other cars?
14 Q. So you never translated for your 14 A. You're asking about —— you’re asking
15 father when he was attempting to get any type of 15 me or are you asking my father?
16 benefits? 16 Q. First your father.
17 A. No, because my English is not good. 17 A. He own another car, but that car was
18 Q. Did you ever go with your father 18 sold long time ago.
19 when he attempted to get welfare? 19 Q. Did you own any cars at the time
20 A. N0. 20 your father sold you the van?
21 Q. So you — did you ever translate for 21 A. No, did not.
22 your father when he was attempting to obtain any 22 Q. Okay. Have you ever received any
23 type of welfare benefits? 23 money directly from Pack & Process for transporting
24 A. No. 24 people to and from Pack & Process?
V Page 96 Page 98
1 Q. So if there's a note in the welfare 1 A. I have received payment from David,
2 records for your father that says you translated for 2 and David say that he received the money from the
3 him, that would be wrong? 3 company.
4 A. Because I never been with him. I 4 Q. So the answer to my question would
5 think they have their own interpreter at that 5 be no, that you have not received money directly
6 place. (Interruption by the court reporter.) 6 from Pack & Process for transporting passengers; is
7 THE INTERPRETER: Their own -- they 7 that correct?
8 have their own interpreter at that place. 8 A. Yes.
9 BY MR. DEASEY: 9 Q. Now, did any employee of Pack &
10 Q. S0 the answer is they'd be wrong, 10 Process ever tell you that it was part of your job
11 the note would be wrong? 11 to transport workers to and from Pack & Process?
12 A. Yes. 12 A. David and Steve who told me to do
13 Q. Did you ever apply for public 13 that.
14 assistance or welfare? 14 Q. Well, David who?
15 A. Yes. 15 A. David, Sdey.
16 Q. Did you receive it? 16 Q. David Thatch?
17 A. Yes, I did. I received the food 17 A. Yes.
18 stamp -- 18 Q. And Steve who?
19 Q. Are you still - I'm sorry. 19 A. The boss in the company.
20 A. -- and the medical assistance. 20 Q. Did they tell you that together or
21 Q. Are you still receiving food stamps 21 in separate discussions?
22 and medical assistance? 22 A. Steve told David and asked David to
23 A. Yes. 23 tell me.
24 Q. And what do you receive — let me 24 Q. Did Steven -- does Steven, the boss,
14 (Pages 95 to 98)
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