Free Proposed Pretrial Order - District Court of Colorado - Colorado

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge John L. Kane Civil Action No. 01-cv-2324-JLK-MEH CHARLES T. GREEN, PHILLIP R. WENTLAND and MARILYN BREITHAUPT, Plaintiffs, vs. SEARS, ROEBUCK & CO., a New York corporation, Defendant. PLAINTIFFS' PROPOSED WITNESS LIST (1) a. Witnesses who will be present at trial: Charles T. Green 2677 S. Pagosa Street Aurora, CO 80013 (303) 873-0721

Mr. Green is one of the plaintiffs in this action and will testify to information related to matters set forth in the Complaint, including his claims, Sears' discriminatory treatment of older employees, his economic losses and Sears' defenses. He will also testify concerning his knowledge of the other applicants and coworkers and Sears' discriminatory treatment of him and others as well as the composition of the Sears' workforce during his employment by unit, department and shop, and information related to her deposition testimony.

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b.

Phillip R. Wentland 3150 Saulsbury Street, Apt. B Wheat Ridge, CO 80033 (720) 275-3486

Mr. Wentland is one of the plaintiffs in this action and will testify to information related to matters set forth in the Complaint, including his claims, Sears' discriminatory treatment of older employees, his economic losses and Sears' defenses. He will also testify concerning his knowledge of the other applicants and coworkers and Sears' discriminatory treatment of him and others as well as the composition of the Sears' workforce during his employment by unit, department and shop and information related to his deposition testimony.

c.

Marilyn Breithaupt 4720 S. Dudley Street, Unit 3 Littleton, CO 80123 (303) 932-9096

Ms. Breithaupt is one of the plaintiffs in this action and will testify to information related to matters set forth in the Complaint, including her claims, Sears' discriminatory treatment of older employees, her economic losses and Sears' defenses. She will also testify concerning her knowledge of the other applicants and coworkers and Sears' discriminatory treatment of her and others as well as the composition of the Sears' workforce during her employment by unit, department and shop and information related to his deposition testimony.

d.

Stephanie Brooks Sears, Roebuck & Company

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12601 E. 33rd Avenue Aurora, CO 80011 (720) 858-8661 Ms. Brooks was a Unit Manager for the Defendant in February 2000. Brooks will testify regarding her duties as the Unit Manager of the Aurora Repair Center and her supervision of the technical team and the support team. Brooks will testify as to her knowledge of and role in hiring/application process as well as regarding her written and oral testimony in this case. She will also testify as to Defendant's decision to hire younger, less-experienced individuals to staff its new repair facility; Defendant's decision not to offer Plaintiffs a position at its new repair facility; the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; as well as the composition of the Sears' workforce during her employment by unit, department and shop; all matters referenced in her Rule 30(b)(6) designation/deposition and her second deposition; her knowledge of Sears' discovery responses; and information related to Plaintiffs' claims and Sears' defenses.

e.

Nancy Savard (also known as Nancy Satchell) 1403 Deer Creek Lane Lake-in-the-Hills, Illinois.

Ms. Savard will testify to her activities as a member of the Redesign Team.

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Savard will also testify as to the her communications with other Sears' personnel regarding the Colorado reorganization; Defendant's actions in closing prior repair facilities and consolidating repair services into a new centralized repair facility in 2000; the design and implementation of the reduction in force pursuant to which the plaintiffs in this consolidated action were terminated from employment; Defendant's decision to hire younger, less-experienced individuals to staff its new repair facility; Defendant's decision not to offer Plaintiffs a position at its new repair facility; the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; as well as the composition of the Sears' workforce during her employment by unit, department and shop and information related to Plaintiffs' claims, Sears' defenses and information related to her deposition testimony.

f.

Jason Cobb King & Greisen LLP 1670 York Street Denver, CO 80206

Jason Cobb will testify regarding the preparation of Plaintiff's summary exhibits. (2) Witnesses who may be present at trial: a. Virginia Ballou Current address and phone number unknown

Ms. Ballou may testify regarding the experience and expertise possessed by

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various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; her application for a position in the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; her knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; as well as the composition of the Sears' workforce during her employment by unit, department and shop and information related to Plaintiffs' claims and Sears' defenses.

b.

Gunther Beckman Current address and phone number unknown

Mr. Beckman may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for a position in the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills

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and experience; Defendant's personnel policies; his knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; as well as the composition of the Sears' workforce during her employment by unit, department and shop and information related to Plaintiffs' claims and Sears' defenses.

c.

James Blankenship Current address and phone unknown

Mr. Blankenship may testify regarding the experience and expertise possessed by various repair technicians (including and himself) prior to the opening of the new centralized repair facility; his application for a position at the new repair facility; his knowledge of the process surrounding Sears' interview and hiring of him into a position at the new repair facility and regarding his employment at the new repair facility.

d.

Dave Bunton Current address unknown (303) 935-5335

Mr. Bunton may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for a position in the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously

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employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Sears' discriminatory treatment of older employees and favoritism of younger employees; as well as the composition of the Sears' workforce during her employment by unit, department and shop and information related to Plaintiffs' claims and Sears' defenses.

e.

Starry Carter Current address unknown

Ms. Carter may testify regarding her employment duties with Sears; her role in the Colorado reorganization; her knowledge of Sears' policies and procedures; her communications with Sears' personnel about the Colorado reorganization; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Sears' discriminatory treatment of older employees and favoritism of younger employees; as well as the composition of the Sears' workforce during her employment by unit, department and shop, information related to Plaintiffs' claims and Sears' defenses and information related to her deposition testimony.

f.

Steve Courier Current address unknown

Mr. Courier may testify regarding his experience on the redesign team; his communications with other Sears' personnel regarding the Colorado reorganization; the experience and expertise possessed by various repair technicians (including Plaintiffs and

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himself) prior to the opening of the new centralized repair facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Sears' discriminatory treatment of older employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

g.

Carol Dobbins Current address unknown (303) 427-2710

Ms. Dobbins may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; her application for a position in the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; her knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Sears'

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discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses. h. David Eisenbeisz 9990 W. 74th Avenue Arvada, CO 80005 (303) 422-4624

Mr. Eisenbeisz may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for a position in the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; and information related to Plaintiffs' claims and Sears' defenses.

i.

Ray Figuroa 8710 Essex Street Denver, CO 80229

Mr. Figueroa worked for Sears as a Technical Manager in Thornton from 1997 through the redesign. Mr. Figueroa may testify to his experiences in managing the Lawn and Garden Field Technicians and as the technical manager for the Mechanical Repair Shop; his knowledge of the skills, experience and performance of repair technicians employed by Sears; his communications with Plaintiff Wentland; his involvement in the reorganization; his knowledge of Sears' policy and procedures in his role as supervisor;

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Defendant's personnel policies generally; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

j.

Greg Fliesher 9080 Fontaine Street Denver, CO 80221 (303) 430-7159

Mr. Fliesher may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for a position at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; personal knowledge of their own conversations with Sears representatives regarding the reorganization and selection of particular employees for retention; and information related to Plaintiffs' claims and Sears' defenses.

k.

Greg Flock Sears, Roebuck & Company 727 East Algonquin Road Schaumburg, IL 60173 (847) 39705609

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Mr. Flock may testify regarding Defendant's actions in closing prior repair facilities and consolidating repair services into a new centralized repair facility in 2000; the design and implementation of the reduction in force pursuant to which the plaintiffs in this consolidated action were terminated from employment; Defendant's decision to hire younger, less-experienced individuals to staff its new repair facility; Defendant's decision not to offer Plaintiffs a position at its new repair facility; the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; related matters referenced in both the complaints and answers filed in these consolidated actions; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees, and information related to Plaintiffs' claims and Sears' defenses.

l.

Jo French P.O. Box 29145 Thornton, CO 80229 (303) 657-1165

Ms. French may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; her application for a position in the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who

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applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; personal knowledge of conversations with Sears representatives regarding the reorganization and selection of particular employees for retention; and information related to Plaintiffs' claims and Sears' defenses.

m.

Robert Michael Garcia (Listed in disclosures as Bob Garcia) 7585 Pinery Circle, Black Forest, Colorado

Mr. Garcia worked for the Defendant as a Road Technician, Technical Supervisor and Technical Instructor. Mr. Garcia may testify regarding his duties as Technical Instructor, the position he held until the reorganization in 2001. He may also testify regarding the Defendants' actions in closing prior repair facilities and consolidating repair services into a new centralized repair facility in 2000; the design and implementation of the reduction in force pursuant to which the plaintiffs in this consolidated action were terminated from employment; Defendant's decision to hire younger, less-experienced individuals to staff its new repair facility; Defendant's decision not to offer Plaintiffs a position at its new repair facility; the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; his interaction with Ms. Brooks and other Sears' employees, including Plaintiffs, during the reorganization; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older

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employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

n.

Greg Kollenborn 2274 North Coronado Parkway, Unit C Denver, CO 80229 (303) 287-2215

Mr. Kollenborn may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for a position at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; personal knowledge of their own conversations with Sears representatives regarding the reorganization and selection of particular employees for retention; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

o.

Stan Kossman Sears, Roebuck & Company 12601 E. 33rd Avenue Aurora, CO 80011 (720) 858-8661

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Mr. Kossman may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for a position at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; his knowledge of other employees' work performance and their applications for positions at the new facility; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

p.

Curtis McReynolds 5446 Green Court Parker, CO 80134 (720) 851-8787

Mr. McReynolds was one of the plaintiffs in this action and will testify to information related matters set forth in his Complaint, including his claims, his economic losses and Sears' defenses. He will also testify concerning his knowledge of the other applicants and coworkers and Sears' discriminatory treatment of him and others; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and

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employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

q.

Ron Medford 5707 Willow Oak

Mr. Medford was the National Carry-in Operations Manager for Sears and considered himself part of the redesign initiative nationally. Mr. Medford may testify regarding his supervision of the interviewing process; his interaction with local management regarding the redesign process; Sears' policies and procedures related to the redesign in Colorado; the hiring decisions made by Sears in the redesign process; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

r.

Frank Mufic Sears, Roebuck & Company 12601 E. 33rd Avenue Aurora, CO 80011 (720) 858-8661

Mr. Mufic is the District Service General Manager for the Defendant. Mr. Mufic may testify regarding his announcement about the redesign and his involvement in the redesign process; Defendant's actions in closing prior repair facilities and consolidating

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repair services into a new centralized repair facility in 2000; the design and implementation of the reduction in force pursuant to which the plaintiffs in this consolidated action were terminated from employment; Defendant's decision to hire younger, less-experienced individuals to staff its new repair facility; Defendant's decision not to offer Plaintiffs a position at its new repair facility; the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; Defendant's policies and procedures related to the redesign in Colorado; testimony he and other Sears employees have provided in this case; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

s.

Charles Nash 142 Lakeside Drive, Apartment 826 St. Charles, Illinois 60174

Mr. Nash managed the redesign team at the time of the Denver reorganization. Mr. Nash may testify regarding his supervision of the redesign team; the redesign process; Sears' policies and procedures; his communications with the redesign team members and local Sears' management; Defendant's personnel policies; his knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger

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employees; Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

t.

Josie Padilla 501 South Quivas Street Denver, CO 80223

Ms. Padilla may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; her application for a position at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; her testimony and the testimony of others in this matter; her offer of employment by Sears for the new facility; her employment with Sears, and the employment of others at the new facility; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to her deposition testimony.

u.

Ray Patch Sears, Roebuck & Company 12601 E. 33rd Avenue Aurora, CO 80011

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(720) 858-8661 Mr. Patch may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; personal knowledge of their own conversations with Sears representatives regarding the reorganization and selection of particular employees for retention; and information related to Plaintiffs' claims and Sears' defenses.

v.

Daniel Perry Current Address Unknown

Mr. Perry worked for the Defendant as on the redesign team. Mr. Perry may testify regarding his activities on the redesign team; his communications with other Sears' personnel regarding the Colorado reorganization; Defendant's actions in closing prior repair facilities and consolidating repair services into a new centralized repair facility in 2000; the design and implementation of the reduction in force pursuant to which the plaintiffs in this consolidated action were terminated from employment; Defendant's decision to hire younger, less-experienced individuals to staff its new repair facility; Defendant's decision not to offer Plaintiffs a position at its new repair facility;

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the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; information related to Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

w.

Craig Peterson Sears, Roebuck & Company 630 W. 84th Avenue Thornton, CO 80229 Home address 11358 Birch Drive, Thornton, CO 80233

Mr. Peterson may testify regarding his duties as Technical Supervisor and managing in-home technicians, a position he held through the redesign. As Green's supervisor, Mr. Peterson may testify to his knowledge of all the factual matters in connection with the complaint and answer filed in this action, including without limitation Mr. Green's experience and expertise in the field of repair of lawn and garden equipment and the experience of other Sears' repair technicians; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; Plaintiffs' claims and Sears' defenses and information related to his deposition testimony.

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x.

Wanda Reavis Sears, Roebuck & Company 12601 E. 33rd Avenue Aurora, CO 80011 (720) 858-8661

Ms. Reavis may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; her application for employment at the new facility; her offer of employment from Sears for the new facility; her employment with Sears and her knowledge of other employees' applications, rejections/offers of hire and employment with Sears at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

y.

Rich Schley Current address and phone number unknown

Mr. Schley may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the

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new centralized repair facility; his application for employment at the new facility; his offer of employment from Sears for the new facility; his employment with Sears and her knowledge of other employees' applications, rejections/offers of hire and employment with Sears at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

z.

Randy Shioshita Current address unknown (303) 940-0425

Mr. Shioshita may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for employment at the new facility; his offer of employment from Sears for the new facility; his employment with Sears and her knowledge of other employees' applications, rejections/offers of hire and employment with Sears at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties

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performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

aa.

Royce Shurtleff Sears, Roebuck & Company 12601 E. 33rd Avenue Aurora, CO 80011 (720) 858-8661

Mr. Shurtleff may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; and information related to Plaintiffs' claims and Sears' defenses.

bb.

Craig Slabodnik 1475 S. Chase Street Lakewood, CO 80232 (303) 922-0855

Mr. Slabodnik may testify regarding the experience and expertise possessed by

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various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for employment at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

cc.

Dena Smith Current address unknown (303) 451-6610

Ms. Smith may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees

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and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

dd.

Jack Stear 4664 Routt Street Wheat Ridge, CO 80033 (303) 403-4959

Mr. Stear may testify regarding Defendant's decision to hire younger, lessexperienced individuals to staff its new repair facility; his knowledge of the skills, experience and performance of other repair technicians; Defendant's decision not to offer him and the plaintiffs positions at its new repair facility; his communications with Sears' personnel during the reorganization; the information Defendant chose to disclose and the information it chose to withhold from terminated employees when it offered them a severance agreement; Defendant's personnel policies; his knowledge of Sears' antidiscrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

ee.

Lynn Suazo Current address and phone number unknown

Ms. Suazo may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and herself) prior to the opening of the new centralized repair facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears

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management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; her knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

ff.

Martin Templin Current address and phone number unknown

As Mr. Wentland's and Ms. Breithaupt's supervisor, Mr. Templin may testify regarding all the factual matters in connection with the complaint and answer filed in this action, including without limitation Mr. Wentland's and Ms. Breithaupt's experience and expertise in the field of repair of electronic devices; their applications and other repair technicians applications for employment at the new facility; the experience and skills of other applicants; Sears' policies and procedures in Colorado; his communications with Sears' personnel about the reorganization and its process; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

gg.

John Trujillo

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Sears, Roebuck & Company 12601 E. 33rd Avenue Aurora, CO 80011 (720) 858-8661 Mr. Trujillo may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for employment at the new facility; his offer of employment from Sears for the new facility; his employment with Sears and her knowledge of other employees' applications, rejections/offers of hire and employment with Sears at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

hh.

Frank Weingzpfel (address unknown, formerly Sears' address)

Mr. Weingzpfel may testify regarding the experience and expertise possessed by various repair technicians (including Plaintiffs and himself) prior to the opening of the new centralized repair facility; his application for employment at the new facility; his offer of employment from Sears for the new facility; his employment with Sears and her

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knowledge of other employees' applications, rejections/offers of hire and employment with Sears at the new facility; the meetings held by Sears management wherein the repair consolidation process was discussed; the interviews conducted by Sears management of current technicians who applied for positions at the new repair facility; the duties performed by previously employed and newly hired technicians at the new repair facility; those technicians' skills and experience; Defendant's personnel policies; his knowledge of Sears' anti-discrimination policies and employee termination policies and procedures; Plaintiffs' claims of Sears' discriminatory treatment of older employees and favoritism of younger employees; and information related to Plaintiffs' claims and Sears' defenses.

ii.

Dan Friesen Hale Friesen, LLP 1430 Wyncoop Street, Suite 300 Denver, CO 80202

Mr. Friesen may be called to testify concerning his correspondence to Plaintiffs regarding Sears' discovery responses and written representations to Plaintiffs regarding composition of Sears' workforce and its organizational structure. jj. kk. ll. Custodian of Records for Plaintiff Charlie Green's medical records Custodian of Records for Sears (business records) Any witness necessary for impeachment.

mm. Any witness necessary for rebuttal.

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(3)

Witnesses where testimony is expected to be presented at trial by

means of a deposition and, if not taken stenographically, a transcript of the pertinent portions of the deposition testimony. To the extent individuals are not available to appear in person at trial, the following witnesses may testify by deposition and/or videotape. Stephanie Brooks Starry Carter Curtis McReynolds Kelli Fanning Ray Figuroa Robert Michael Garcia Jane Lillydahl Ron Medford Frank Mufic Charles Nash Josie Padilla Daniel Perry Craig Peterson Nancy Savard

PLAINTIFF'S EXPERT WITNESS

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1)

Jane Lillydahl