Free Witness List - District Court of Colorado - Colorado

Case 1:01-cv-01690-WDM-MJW

Document 144

Filed 11/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-1690-WDM-MJW CONAIL CROSS, Plaintiff, v. THE HOME DEPOT, Defendant ________________________________________________________________________ DEFENDANT'S TRIAL WITNESS LIST ________________________________________________________________________

Case 1:01-cv-01690-WDM-MJW

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Walker D. Miller Case No. ___01-WM-1690____________ Case Title: Conail Cross v. The Home Depot PLAINTIFF/DEFENDANT WITNESS LIST Will Call Witnesses
Name and Summary of Testimony

Date

December 5, 2005

Estimated Time for Examination
Direct Cross

Plaintiff=s witnesses: Conail Cross ____________ ___4.5 Hr.____

Conail Cross: Discrimination at Home Depot since date of employment; Promises and representations of Home Depot employees, including Chuck Lempereur; Performance since date of employment; Comparative qualifications of assistant store managers who were promoted over Plaintiff; Defendant's promotion practices and policies; Damages-pecuniary, mental, emotional and physical. Jacqueline Cross ____________ ___15 Min._ Damages-pecuniary, mental, emotional and physical, including loss of consortium. Hector Hernandez (in person or by deposition) ____________ ___1.5 Hr._ Employment history, discriminatory and retaliatory practices of Home Depot and its employees, including Chuck Lempereur; Defendant's promotion practices and policies. ____________ ___30 Min._ Daniel E. Friesen How and when Defendant and its agents obtained Montgomery Ward and other materials and information regarding Plaintiff's prior employment history and prior discrimination claims and whether releases were obtained from Plaintiff. Chuck Lempereur (by deposition) ____________ ______0____ Performance/employment history with Defendant, including discrimination and retaliation charges made as a result of his conduct; Promotion practices in Colorado and other areas where he worked; Succession planning: practice and procedure in Colorado; Persons promoted while he worked in Colorado; Review 9-Box Grids and performance evaluations and management tracking applications prepared while he was district manager; Comments showing racial bias; Promises and representations to Plaintiff re: Store Manager position; Defendant's employment

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Case 1:01-cv-01690-WDM-MJW

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practices and procedures; Problems at Store 1510 with employees, management and maintenance; District managers and store configuration; Employment history generally. ____________ ______0____ Tim Pfieffer (by deposition) Company organization; Company rules contained in SOP's and handbooks; Promotion policies and practices; Succession planning: practice and procedure in Colorado and western states; Conduct toward Plaintiff; Supervision of Lempereur; Involvement in succession planning and promotions as Regional Vice President; Polices re: bonuses, options and salary; Employment history. Ron Whited (by deposition) ____________ ___30 Min._ Company organization; Company rules contained in SOP's and handbooks; Promotion policies and practices and Succession planning: practice and procedure in Western States, Colorado and New-England area; Employment; History; Plaintiff's performance; Promotions in Colorado while he was District Manger. ____________ ___1 Hr.___ Sherri McCune (by deposition) Discriminatory and retaliatory practices of Home Depot and its employees, including Chuck Lempereur; Comparative qualifications of assistant store managers who were promoted over Plaintiff; Promotion practices and succession planning. Dr. Patricia Pacey Economic damages. Defendant=s witnesses: Dave Ash ___3 Hr.____ ___________ Dave Ash will testify in person concerning the 9-box grid meeting on July 30, 1999, Mr. Cross= performance, promotions in Colorado and other subjects identified in Defendant=s Disclosures. ___2.5 Hr.__ ___________ Mike Carter Mike Carter will testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Disclosures. Lynn Jacobs ___1.5 Hr. _ ___________ Lynn Jacobs may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures. ____________ ___1.5 Hr._

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Case 1:01-cv-01690-WDM-MJW

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Cheryl Leconey ___1 Hr. ___ ___________ Cheryl LeConey may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. Chuck Lempereur (in person or by deposition) ___1 Hr.____ ___________ Chuck Lempereur will testify concerning the Plaintiff's performance, capabilities and reputation, the Home Depot's policies, procedures, practice, promotions and all other matters identified in Disclosures and testified to in his July 10, 2002 deposition. Penny Allen (by Affidavit) ___20 Min.__ ___________ Penny Allen will testify by Affidavit concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures and in Ms. Allen's Affidavit attached to Defendant's Motion for Summary Judgment. ___1 Hr. ___ ___________ Chris Springer Chris Springer may testify concerning the Plaintiff's performance, capabilities and reputation, Home Depot's policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. William Thornton ___1 Hr. ___ ___________ William Thornton may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures. ___1 Hr. ___ ___________ Jennifer Thrower Jennifer Thrower may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. May Call Witnesses
Name and Summary of Testimony

Estimated Time for Examination
Direct Cross

Plaintiff's Witnesses Sherri McCune (in person or by deposition) ____________ ___3 Hr.___ Discriminatory and retaliatory practices of Home Depot and its employees, including Chuck Lempereur; Comparative qualifications of assistant store managers who were promoted over Plaintiff; Promotion practices and succession planning. ____________ ___45 Min._ Thomas Bartlett, M.D. (in person or by deposition) Damages: Physical, mental, emotional (treating physician).

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Case 1:01-cv-01690-WDM-MJW

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Richard Marciniak, M.D. Damages: Mental, emotional (treating physician). Victor Neufeld, M.D. Damages: Mental, emotional (treating physician). Dr. Gerald Stein (in person or by deposition) Dr. Stein may testify concerning damages. Defendant's Witnesses

____________ ___1 Hr.___ ____________ ___45 Min._ __________ _ ___45 Min.

Dana Chango ___30 Min.__ ___________ Dana Chango may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. Anthony Clayton ___30 Min. _ ___________ Anthony Clayton may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. John AMike@ Hill ___1 Hr. ___ ___________ John AMike@ Hill may testify in person concerning the 9-box grid meeting on July 30, 1999 promotions in Colorado, his own qualifications, Mr. Cross= performance, and relative qualifications, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. ___1.5 Hr. _ ___________ Charlie Stroud Charlie Stroud may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures. ___1 Hr. ___ ___________ Becky Gutierrez Becky Gutierrez may testify in person concerning her knowledge, as Human Resources Manager in Plaintiff's district, of Plaintiff=s performance, capabilities and reputation, various promotions to Store Manager in Colorado in 1999 and 2000, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures. Ron Whited (in person or by deposition) ___45 Min. _ ___________ Ron Whited may testify in person or by deposition concerning the Plaintiff's performance, capabilities and reputation, the Home Depot's policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures and testified to in his March 25, 2002 deposition.

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Case 1:01-cv-01690-WDM-MJW

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___45 Min. _ ___________ Phillip Plush Phillip Plush may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. Frank McManus ___30 Min.__ ___________ Frank McManus may testify in person concerning Plaintiff=s performance, capabilities and reputation, the Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures. ___2.5 Hr. _ ___________ Tim Pfieffer Tim Pfieffer may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant's Disclosures and testified to in his March 6, 2002 deposition. Harry Alfred ___1 Hr. ___ ___________ Harry Alfred may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures. ___2.5 Hr. _ ___________ Marc Brown Marc Brown may testify in person concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures. Matt Story ___1 Hr. ___ ___________ Matt Story may testify in person concerning the 9-box grid meeting on July 30, 1999 promotions in Colorado, his own qualifications, Mr. Cross= performance and relative qualifications. ___45 Min. _ ___________ Scott Greske Scott Greske may testify in person concerning the 9-box grid meeting on July 30, 1999 promotions in Colorado, his own qualifications and employment history, and relative qualifications of others promoted. Jason Britain ___30 Min. _ ___________ Jason Britain may testify in person concerning Home Depot=s policies, procedures, practice and Mr. Cross= performance and relative qualifications. ___1.5 Hr. _ ___________ Hector Hernandez Hector Hernandez may testify in person or by deposition concerning the Plaintiff=s performance, capabilities and reputation, Home Depot=s policies, procedures, practice, promotions and all other matters identified in Defendant=s Disclosures and testified to in his May 8, 2002 deposition.

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Case 1:01-cv-01690-WDM-MJW

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____0_______ ___________ Gerald Stein, M.D. Gerald Stein, M.D. may testify in person concerning Plaintiff=s claim for alleged emotional distress and matters set forth in his expert report. Steven J. Shulman, Ph.D. ____0________________ Steven J. Shulman, Ph.D. may testify in person regarding Plaintiff=s claim for alleged damages and in rebuttal to the report provided by Plaintiff=s expert economist, Patricia Pacey, Ph.D. Thomas Bartlett, M.D. (in person or by deposition) ____________ ___45 Min._ Dr. Thomas Bartlett may testify in person or by deposition concerning Plaintiff=s health and leaves of absence from Home Depot and the Plaintiff=s claim for alleged emotional distress. Richard Marciniak, M.D. (in person, by deposition and/or trial transcript) ____________ ___1 Hr. _ Dr. Richard Marciniak may testify concerning his contacts with Plaintiff and emotional distress emotional distress damages. Victor Neufeld, M.D. (by deposition) ____________ ___1 Hr. __ Dr. Victor Neufeld may testify concerning his contacts with Plaintiff and Plaintiff's alleged damages. Any witness necessary for impeachment or rebuttal.

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Case 1:01-cv-01690-WDM-MJW

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Dated: November 28, 2005.

By s/Daniel E. Friesen Daniel E. Friesen HALE FRIESEN LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Facsimile: (720) 904-6006 Email:[email protected] Attorneys for Defendant The Home Depot

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Case 1:01-cv-01690-WDM-MJW

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CERTIFICATE OF SERVICE I hereby certify that on November 28, 2005, I electronically filed the foregoing DEFENDANT'S TRIAL WITNESS LIST with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email address: William R. Hess, Esq. Email: [email protected]

By s/Patricia Foos Patricia Foos HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Facsimile: (720) 904-6006 Email: [email protected]

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