Free Designation of Deposition Testimony - District Court of Colorado - Colorado

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT

Filed 12/22/2005

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9/2/2004 Page 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-WM-2073 (PAC)

3 ROBERTA PULSE, TONYA HOUSE, 4 Plaintiffs, 5 v. 6 THE LARRY H. MILLER GROUP, 7 8 9 10 11 12 13 14 A P P E A R A N C E S 15 For the Plaintiffs: 16 17 18 19 20 Also Present: 21 22 23 24 25
[email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Defendant. ________________________________________________________ VIDEOCONFERENCE DEPOSITION OF: RICHARD DICKERT September 2, 2004 ________________________________________________________ PURSUANT TO NOTICE, the videoconference deposition of RICHARD DICKERT was taken on behalf of the Plaintiffs at 1900 Grant Street, Suite 800, Denver, Colorado 80203, on September 2, 2004, at 3:38 p.m., before Marchelle Hartwig, Certified Shorthand Reporter and Notary Public within Colorado.

For the Defendant:

KIMBERLIE K. RYAN, ESQ. The Ryan Law Firm 283 Columbine Street, Suite 157 Denver, Colorado 80206 JUDITH HOLMES, ESQ. Judith Holmes & Associates 7887 East Belleview, Suite 1100 Englewood, Colorado 80111 Kellie Ryan

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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Filed 12/22/2005

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9/2/2004
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WHEREUPON, the following proceedings were taken pursuant to the Federal Rules of Civil Procedure. * * * * * RICHARD DICKERT, having been first duly sworn to state the whole truth, testified as follows: EXAMINATION BY MS. RYAN: Q. Please state and spell your name for the record. A. Richard Dickert, R-i-c-h-a-r-d, D-i-c-k-e-r-t. Q. You're employed by the Larry Miller organization currently? A. Yes. Q. What entity employs you? The Larry H. Miller Group of Companies? MS. HOLMES: Object to the form of the question. And just so we are clear through this deposition, that is not an entity. The entity that employed the plaintiffs is Larry H. Miller Toyota-Denver. So I won't make any more reference to that, but I will have a running objection to dealing with Larry H. Miller Group as an entity. Q. (BY MS. RYAN) What entity employs you? A. Larry H. Miller Management.
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will do my best to rephrase it for you if possible; otherwise, I will assume that you understood my question and that you answered honestly, truthfully, and completely. Okay? A. Yes. Q. How did you first meet Roberta Pulse? A. At the Boulder-Toyota store. Q. Did she work at the Boulder-Toyota store as a controller or office manager when you knew her? A. Yes. Q. Can you please -- strike that. She was a good performer at the Boulder-Toyota store, wasn't she? A. Yes. Q. She, in fact, was a good performer at the Boulder-Toyota store for eight years, true? A. Yes. Q. In that position, she was responsible for maintaining the books, records, and schedules, correct? A. Yes. Q. You know of no problems ever with regard to Ms. Pulse's performance during her eight-year tenure at Larry Miller Boulder-Toyota; is that right? A. Yes. Q. At some point in time, then, Ms. Pulse left
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Q. How long have you been employed by Larry H. Miller Management? A. 19 years. Q. What is your current job title? A. Controller. Q. I represent Roberta Pulse and Tonya House in this litigation. Strike that. I represent Roberta Pulse and Tonya House in their lawsuit against the Larry H. Miller Group of Companies and Larry H. Miller -- Larry Miller Toyota-Denver, Inc. This is my opportunity to ask you questions under oath. Have you ever had your deposition taken before? A. Yes. Q. On how many occasions? A. Once. Q. What was that for? A. It was about 30 years ago and I can't remember for sure. Q. If at any time you need a break, please let me know. If there is a question pending, you'll need to answer the question and then we can take a break. Okay? A. Yes. Q. If there is ever a time that I ask a question that you do not understand, please let me know and I

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the employment of Boulder-Toyota, right? A. Yes. Q. Do you have an understanding as to why she left her employment there? A. Yes. Q. What is your understanding? A. In a review of the deposition, she said that she had a difference in opinion on something that the general manager had asked her to do. Q. Were you aware of that before you reviewed her deposition? A. No. Q. Did she ever tell you at that time why she left the employment of Boulder-Toyota? A. Not that I remember. Q. Were you sorry to see her go? A. Yes. Q. She then started working for you again at another point in time? A. Yes. Q. How did that occur? A. We were in need of an office manager/controller at the Toyota store in Denver. Q. So you contacted Ms. Pulse to recruit her for that position?

2 (Pages 2 to 5) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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A. Yes, I did. Q. At that time, she was employed by another dealership? A. I don't think it was a dealership. It was some kind of a leasing -- truck leasing company or something. Q. She was working at that time for Master Lease? A. I think that's the name, yes. Q. You contacted Ms. Pulse, then, to ask her to leave Master Lease and come work for another dealership? A. For Larry Miller Toyota in Denver, yes. Q. Did Ms. Pulse express any concerns to you at that time about returning to Larry Miller? A. Not that I remember. Q. You didn't have any concerns about Ms. Pulse's performance or you wouldn't have recruited her; is that right? A. That's correct. Q. Were you responsible for conducting mini audits for the Larry Miller Toyota store in Denver? A. Yes. Q. How many mini audits have you conducted for that store? A. During what period of time? Q. That's a very good question. Did you conduct
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A. No. Q. Who else would be responsible for conducting mini audits? A. Jim Gustafson and Karen Maxwell. Q. Did you review the tax returns for Larry Miller Toyota in Denver for the year 2000? A. No. Q. That's not part of your job as controller? A. That is correct. Q. Did you perform the mini audits that occurred for Larry Miller in Denver-Toyota in the year 2000? A. Myself and, I believe, Jim Gustafson did that. Q. At that time, did you have any problems with Roberta Pulse's performance? MS. HOLMES: Object to the form of the question. A. The first one was really not good. The second one was better, but not up to par. Q. (BY MS. RYAN) Do the number of mini audits that are performed in one year at a dealership indicate anything about the accounting performance at the dealership? A. It could, yes. Q. Are there occasions where more than one mini audit is performed at a dealership if there are not
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mini audits for the Denver-Toyota store in 2000? A. Yes. Q. How many mini audits did you conduct in 2000? A. Two. Q. Did you conduct any mini audits for the Denver-Toyota store in 2001? A. No. Q. Do you know whether anyone else conducted a mini audit for the Denver-Toyota store in 2001? A. Nobody did. Q. So you dispute the allegation that a mini audit was, in fact, conducted in March of 2001 for the Larry Miller Denver-Toyota store? MS. HOLMES: Object to the form of the question. You can answer. A. As I remember, there was a -- there were two mini audits done in 2000 and none in 2001, is my recollection. Q. (BY MS. RYAN) So if someone contended that there was a mini audit that was performed in March of 2001, you would dispute that? A. Yes, unless I saw it. Q. Are you the only member of management who conducts mini audits for Larry Miller?

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problems? A. No. Q. Did you ever notify Roberta Pulse that you had issues with her performance? A. She and the general managers in the store got copies of both mini audits we did. Q. Did you believe that the mini audits from the year 2000 had deficiencies that indicated that Roberta Pulse was performing poorly? A. They indicated that she could do better. Q. Was she solely responsible for all of the information that was contained in the mini audits that you performed? A. Ultimately she and the general manager were responsible for all that information and the deficiencies. Q. Has your title changed between the year 2000 and today? A. No. Q. Did Roberta Pulse ever inform you that Richard Nuendike was instructed to get rid of the troublemakers? A. Not that I can remember. Q. So if she did inform you of that, you don't remember at this time? A. That is correct.

3 (Pages 6 to 9) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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Filed 12/22/2005

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Q. Did you ever take any notes of conversations with Roberta Pulse? A. No. Q. Did you ever see Bob Cockerham yell at Roberta Pulse? A. No. Q. Did you ever ask Roberta Pulse whether she was instructed not to make reserve adjustments for bad debt? MS. HOLMES: Object to the form of the question. A. Would you repeat the question? Q. (BY MS. RYAN) Yes. Did you ever ask Roberta Pulse whether she had been instructed either to make reserves or not to make reserves for bad debt? A. Bad debts were not being reserved and I did ask her why they weren't being reserved. Q. What did she tell you? A. I think she told me that she was instructed not to make those adjustments. Q. Did she tell that you Tony Schnurr instructed her not to make those adjustments? A. I can't remember who might have told her not to make the adjustments. Q. Did you ever see Bob Cockerham swear in front of Roberta Pulse?
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Q. When was this conversation that you told Roberta Pulse that she had made it on Tony's bad side? A. I can't remember that. Q. Did you and Sandy Shainer help Roberta Pulse reconcile the old data from the Reynolds and Reynolds system with the converted data after the computer conversion? A. I helped with some of that, yes. Q. Did you also witness Roberta making those kinds of adjustments? A. Yes. She was responsible -- ultimately responsible for that information. Q. And Roberta Pulse actually worked to make adjustments after the computer conversion? A. Yes. Q. Were you present for the computer conversion that occurred at Larry Miller Toyota Denver? A. I don't believe I was there when they actually made the conversion. Q. Did you know at the time that a conversion was occurring? A. Yes. Q. When was that computer conversion planned, if you know? A. As far as I know, it was planned to be done in
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A. No. Q. So you deny that -- strike that. Did you ever tell Roberta Pulse that she had somehow made it on to Tony's bad side? A. I might have said that, yes. I can't remember for sure. Q. Did you think that Roberta Pulse had somehow made it on to Tony Schnurr's bad side? A. I would say yes. Q. Did you also tell Roberta Pulse that you were sorry about that and that she was a good person and didn't deserve it? A. I could have made that statement, yes. Q. If you made that statement would it have been true? A. It would have been true in what context? Q. In response to the comment that Roberta had made it on to Tony's bad side? A. Well, yes. I felt sorry for her that she made it on -- I feel sorry for anybody that made it on somebody's bad side. Q. What made you think that Roberta Pulse had made it on to Tony's bad side? A. Probably because of things that were happening in the store.

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March when it was done. Q. So as far as you know, it was -- the plan to convert the system was made in March? A. The plan was made long before March. It was probably made in 2000 and scheduled for March. Q. Did Roberta Pulse ever complain to you about treatment that she was receiving from Bob Cockerham? A. She made a comment to that, yes. Q. What did she tell you? A. That she was -- he was being rude to her and yelling at her. Q. Do you remember when she told you this? A. Not specifically, no. Q. Bob Cockerham started his employment at the Larry Miller Denver store sometime around April of 2001; is that right? A. You are asking me that? Q. Yes. A. I don't remember. I don't remember when he started. Q. Do you know whether Roberta Pulse's employment was terminated by Larry Miller? A. Not him specifically. Q. The company? A. But I know she was -- yes.

4 (Pages 10 to 13) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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Filed 12/22/2005

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Q. When Roberta reported this treatment that she was receiving from Bob Cockerham to you, did you talk to anyone else in the company about it? A. I don't think I did. I told her she probably should get together with human resources and the operations manager, which would be Tony Schnurr. Q. Did you ever report Roberta's complaint to you to HR? A. No. Q. Are you aware of the policies of the company about making reports of complaints to HR? A. Yes. Q. What is your understanding of the policy? A. It's an open-door policy and whoever has a problem should first report it to their supervisor. If they don't get a response from there to go to human resources. Q. Did you have an understanding that you as one of the managers at the company had a duty to report any complaints like this to HR? MS. HOLMES: Object to the form of the question. A. My conversation was with Roberta; that she should contact human resources if she had a problem. Q. (BY MS. RYAN) Sure. My question is a little
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Q. When did Roberta inform you of her complaints to the company regarding Mark Dundun's treatment of her? A. I can't remember the date. Q. I'm not asking for the date. Can you remember generally when that would have occurred. A. It was probably in December of 2000. Q. What makes you think it was in December of 2000 that Roberta had told you about this? A. That's when Mark Dundun was in the store. Q. Was Mark Dundun assigned to that store by Tony Schnurr? A. I would say yes. Q. Did you ever hear Tony Schnurr refer to Mark Dundun as his right-hand man? A. No. Q. Did you ever hear Tony Schnurr refer to Mark Dundun as his mouthpiece? A. No. Q. Did you ever become aware of allegations -strike that. Did you ever become aware of complaints that Mark Dundun had rubbed Tonya House's shoulders? A. Not until I read the deposition. Q. What documents did you look at to prepare for your deposition today?
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bit different. I'm just asking you whether you understood whether you had a duty, independent of Roberta, to report any complaints like that to HR? A. No. MS. HOLMES: Object to the form of the question. Q. (BY MS. RYAN) So you didn't think that you had a duty to report it to HR? A. That's correct. MS. HOLMES: Object to the form of the question. Q. (BY MS. RYAN) Did you ever receive any human resources training from the company? A. Yes. Q. Do you receive annual training from the company? A. Yes. Q. So at the time that you had received this complaint from Roberta you had, in fact, received training from the company? A. Yes. Q. Were you aware that Roberta Pulse had made complaints to the company about her treatment by Mark Dundun? A. Roberta had informed me of that.

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A. I read a deposition from Moneca and a deposition from Roberta. Q. Did you review any other documents? A. No. Q. Did Roberta tell you in a conversation that Bob Cockerham had taken away responsibilities from her and restricted her from using the computer? A. I can't remember her specifically telling me that. Q. Did Roberta tell you that Bob Cockerham called her a piece of shit? A. I don't have any recollection of that. Q. If Bob Cockerham had called her a piece of shit, based on the training that you received from the company, do you think that that could create a hostile work environment? MS. HOLMES: Object to the form of the question. A. I think he would have a resentment for it. If I was called a piece of shit, I would resent it too. Q. (BY MS. RYAN) Actually, my question is a little bit different. Have you been trained on what a hostile work environment is? A. Yes. Q. What is your understanding of what a hostile

5 (Pages 14 to 17) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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work environment is? A. Having something approached or having given somebody directions that is a hostile or a derogatory thing that might affect what they did. Q. Would you consider a manager calling a subordinate a piece of shit to be hostile or derogatory? A. I would say probably, yes, under the circumstances. It would depend. Q. Were you involved in the decision to terminate Roberta Pulse's employment? A. Probably in the outskirts of it. Q. What was your involvement? A. Probably just being informed that it wasn't going to work and that she would be replaced. Q. At some point in time, did you draw a conclusion that there were accounting irregularities at the Denver-Toyota store? A. Yes. Q. When was that? A. Probably about March or April of 2001. Q. So prior to March or April of 2001, you had not concluded that there were accounting irregularities at the Denver-Toyota store? A. Other than what was commented on in the mini audit.
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A. I can't remember actually making that conversation or making that statement. Q. So you don't remember one way or the other, or you think that you did not? A. I can't remember one way or the other. Q. If you were to make a recommendation that an employee be terminated, is that the kind of thing that you would normally write down? A. No. Q. Do you know whether you have any documentation as to whether you recommended that Roberta Pulse be terminated? MS. HOLMES: Object to the form of the question. A. I don't have anything. Q. (BY MS. RYAN) Do you believe that Tony Schnurr was the person who made the decision to terminate Roberta's employment? A. I would say yes. Q. Do you know whether Tony Schnurr made the decision to terminate Roberta's employment based on information that you were providing him? A. It was probably information that was provided for him from several people. Q. Who would you -- who are you referring to?
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Q. Based on the mini audit, did you think that Roberta Pulse's employment should be terminated? A. On the mini audits that were there. Not at that time in 2000. Q. So in 2000, you didn't think that based on what was included in the mini audits that Roberta Pulse's employment should be terminated; is that right? A. That's correct. Q. You were aware of the computer conversion that occurred in March of 2001? A. Yes. Q. That's the first time that you concluded that there were problems at the Denver-Toyota store? MS. HOLMES: Object to the form of the question. MS. RYAN: I'll strike the question. Q. (BY MS. RYAN) Did you at some point learn that Moneca Alivera had been asked to go to the Denver-Toyota store? A. Yes. Q. How did you learn about that? A. Through conversations probably with Bob Cockerham and Moneca. Q. Did you ever recommend that Roberta Pulse's employment be terminated?

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A. It could have been myself, Bob Cockerham, Moneca, Jim Gustafson. Q. Did you give Tony Schnurr daily reports regarding alleged inaccuracies and inconsistencies that you were finding in schedules and journals at the Denver-Toyota store? A. No. Q. Did you ever provide any documentation to Tony Schnurr that alleged that there were inaccuracies or inconsistencies in the schedules and journals at the Denver-Toyota store? MS. HOLMES: Object to the form of the question. Q. (BY MS. RYAN) You can answer. A. That information was, I think, given to him by Moneca. Q. So you don't believe that you provided any written documentation to Mr. Schnurr regarding alleged problems at the Denver-Toyota store? A. I did not over and above what she had already given him. Q. Did you participate in preparing the documents that Moneca Alivera provided to Tony Schnurr? A. I reviewed the information that was there. Q. Did you review any backup documentation that

6 (Pages 18 to 21) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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Moneca may have used to reach the conclusions in her documentation that she provided to Tony Schnurr? A. I can't remember for sure, but the reliance that I have on Moneca and her accuracy in doing things, I really wouldn't have had any reason to review what she was putting down on there. Q. So you rely on Moneca Alivera's accuracy in making recommendations? A. Yes, I do. Q. Do you know what Moneca Alivera's qualifications are? A. I know she is an excellent controller. Q. Beyond that, do you know what her qualifications are to be a controller? A. As far as what? Q. Do you know whether she has any educational background? A. I don't think that is pertinent. If she is an excellent controller, it doesn't make any difference whether she's got the education on it or not. She has got the ability to be a good controller and that's what we rely on. Q. Did you ever make reports to Tony Schnurr that you believed that Roberta was having performance problems?
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Q. Do you know who made the decision to send Moneca Alivera to the Denver-Toyota store? A. Ultimately it was probably Tony Schnurr. Q. So you didn't make the decision, then, to send Moneca Alivera to the Denver-Toyota store? A. No. Q. Did Bob Cockerham ever express to you that he was having problems getting along with Roberta Pulse? A. He expressed a concern that he wasn't getting accurate information, yes. Q. On how many occasions did he express that concern to you? A. I can't remember. Q. When did he tell you that? A. I can't remember that either. Q. But he -- do you know whether -- strike that. Do you know whether Bob Cockerham started at the Denver-Toyota store after the computer conversion? A. I think he was -- I can't remember. I think it was after. Q. Were you involved in the decision as to the timing of the computer conversion at the Denver-Toyota store? A. No. I was just informed as to when it was going to happen.
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A. I can't remember that. Q. So you don't remember making any reports of that nature to Tony Schnurr? A. I wasn't writing anything down. If we had a conversation, it might have been a conversation, and it would have been after the conversion when we were starting to find some problems. Q. You don't know whether the conversion itself created problems? MS. HOLMES: Object to the form of the question. A. I think whenever you have a conversion you are going to have a certain amount of problems, but ultimately it's the responsibility of the office manager to correct those problems and get the thing running the way it should be on the new system. Q. (BY MS. RYAN) Did you ever speak with Bob Cockerham about alleged irregularities in the books at the Denver-Toyota store? A. If I did, it was probably just in reference to the things that Moneca had found. Q. So you were relying on Moneca, then, and you did not perform your own individual review of the documents? A. That's correct.

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Q. When were you informed about that? A. I would say it would have probably been in the latter part of 2000 that they were going to convert it. Q. At that time, did they tell you when they were going to convert it? A. I can't remember whether they did specifically or not, but they usually have enough lead time in front of it that they do know that it's going to happen. Q. Did Roberta Pulse ever tell you that the computer conversion occurred with absolutely no notice to her? A. I can't believe that could happen. Q. That's a little different from my question. I'm just asking you whether she told you that. A. No, not that I can remember. Q. Knowing Roberta Pulse's work product as you did, having had the experience of working with her with a clean record for eight years in Boulder and then coming back to Denver-Toyota, were you surprised by Bob Cockerham's reports to you that he was having problems with her? A. Yes. Q. Did you talk to Roberta about it? A. As a result of what we were finding, I talked to Roberta about it.

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Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
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Q. When you say as result of what you were finding -A. Let me correct that. When we started finding this stuff, Roberta had already left. Q. So you are saying that you found problems with her work product after her termination? A. That's correct. Q. Not prior to her termination? A. I hadn't been in the store prior to her termination. Q. Do you know whether Roberta Pulse had been informed that Moneca Alivera was coming into the store? A. I don't know that, but I would say probably not. Q. You don't think she was informed of that? A. No. Q. Why do you think that? A. Because any time somebody comes in that would be an equal to you and looking over your books and records, I think you would have some resentment for that. Q. Did Moneca Alivera report directly to you for 14 years at Larry Miller Dodge and Lexus? A. Yes. Q. Did you ever provide Moneca Alivera with
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Q. What is your understanding of what the condition of the records was? A. They were poor. Q. On what do you base that conclusion? A. On the information that was provided by Moneca and the schedules that were there. Q. Did you review the schedules? A. Some of them. Q. You reviewed the schedules that were produced after the conversion from Reynolds and Reynolds to ADP? A. Some of them. Q. Do you know where the storage space is in Denver where archived documents are held for the Larry Miller Denver store? A. Not specifically. Q. But you're aware that there is a storage place in Denver for the archived documents for the Larry Miller Denver store? A. Yes, there is. Q. Did you ever see documents that Roberta had that she had made handwritten notes that there were some corrupted information on schedules? A. No. Q. Did you ever find copies of documents with Roberta's handwritten notes indicating that she had
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copies of the mini audits that you had prepared in 2000? A. I can't remember that. Q. If she said that you had not given that information to her, would that be accurate? A. I would say yes. Q. Do you think it would be important to give Moneca Alivera the mini audits when she was doing a financial analysis of the same issues that you had conducted the mini audits of? MS. HOLMES: Object to the form of the question. A. Not necessarily. I figured -- I would figure that she would go in there with a clean slate and not necessarily be influenced by what somebody had looked at a year ago. Q. (BY MS. RYAN) Did you ever suggest that Moneca Alivera speak with Roberta Pulse about the issues that you say were being found at the Larry Miller Toyota store? A. Roberta had already left when all these things were uncovered. Q. What is your understanding as to why Roberta Pulse's employment was terminated? A. Majorly probably because of the condition of the records that were there.

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found corrupt data on the schedules? A. No. Q. Did you ever access Roberta's Pulse's computer? A. No. Q. Did you ever tell anyone that Roberta Pulse had failed to do bank reconciliations? A. I can't remember that. Q. You can't remember ever telling anyone that Roberta Pulse had failed to make bank reconciliations? A. No, but I know they weren't done properly for 2001. Q. The bank reconciliations were done properly in the year 2000? A. As far as we know, yes. Q. You say that the bank reconciliations were not done properly in the year 2001? A. Yes. Q. What makes you say that? A. Because we had to reconstruct them from December on after she had left because we couldn't find the ones that were supposedly done. Q. Isn't it true that the bank reconciliations were actually in a box in one of the offices? A. As far as I know they were never found.

8 (Pages 26 to 29) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
Page 30

Filed 12/22/2005

Page 9 of 10
9/2/2004
Page 32

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Q. So if they were found that would be news to you? A. Yes. Q. Do you know whether there was ever any investigation by the company into Roberta Pulse's complaints about her treatment by Bob Cockerham? A. I can't tell you that. I just don't know. It would have been with Tony Schnurr if it was. Q. Do you know whether Tony Schnurr is the person who placed Bob Cockerham in the position of general manager at the Denver-Toyota store? A. I would say yes. Q. Do you know what happened to Mark Dundun after he left the Denver-Toyota store? A. Other than he went back to Idaho. Q. Do you know whether Mark Dundun maintained his employment with the company after he went back to Idaho? A. I think he did, but I can't remember for sure. Q. Do you remember that Mark Dundun received an additional dealership so that he was then running two dealerships in Idaho after he went back? A. I don't remember that. Q. If he was running one dealership in Idaho and then was given another dealership, would you consider that to be a promotion?
Page 31

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Q. Did you ever learn that Roberta Pulse had discussed transferring from the Denver-Toyota location to the Used Car Superstore with management? A. I don't remember that specifically, but that probably could have happened. Q. Did Roberta Pulse ever tell you that she didn't feel like she could work with Bob Cockerham because he yelled and screamed at her so much? A. I don't remember her saying that to me specifically. Q. But you do remember her telling you that Bob Cockerham yelled and screamed at her? A. I don't remember specifically, but I think that probably could have happened, yes. Q. I'm not sure I understand when you say you don't remember specifically but you think it could have happened. What do you mean by that? A. I don't remember specifically having her saying that, but I would say that it probably could have happened under what was happening in the store. Q. Did you ever observe Bob Cockerham yell at her? A. No. Q. Did you ever hear from anyone else that Bob Cockerham yelled and screamed at Roberta or anyone else
Page 33

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A. It depends on what the dealerships were. Q. Why wouldn't you have done a mini audit in the year 2001? A. If I remember right, it was towards the end of 2000 when we did the one, and it's usually once a year that we do them, so we would have probably scheduled one again for the latter part of 2001. Because of the problems we were encountering, we did not do one. Q. If you were encountering problems, wouldn't you do another mini audit to see how things were going? A. No. MS. HOLMES: Object to the form of the question. A. We would be in the store trying to get the problems fixed, the major ones, before we spent the time trying to do a mini audit and wasting the time because we knew the problems were there. Q. (BY MS. RYAN) But you didn't know whether there were any problems until March of 2001? A. That's right. Q. Were you ever familiar with Tonya House's work product? A. I don't know how to answer that question. I know Tonya House was the FNI manager. That's about all I know.

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in the store? A. No. Q. Would it surprise you if Bob Cockerham was yelling and screaming at the store? A. Yes. Q. What was your understanding of why Mark Dundun left the Denver-Toyota store? A. There was a complaint against him for sexual harassment. Q. Did you know about that at the time that he transferred? A. No. Q. When did you first learn about that? A. I can't remember. Q. Was it within the last year? A. I can't remember. Q. Had Mark Dundun been transferred to the Denver-Toyota store to become the new GM there? A. I don't know whether he was transferred there to become the permanent GM there or just an interim GM. Q. Do you know whether the Denver-Toyota store was adequately capitalized in 2000? MS. HOLMES: Object to the form of the question. A. Yes.

9 (Pages 30 to 33) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490

Case 1:03-cv-02073-WDM-KLM
Pulse v. The Larry H. Miller Group

Document 205
RICHARD DICKERT
Page 34

Filed 12/22/2005

Page 10 of 10
9/2/2004
Page 36

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Q. (BY MS. RYAN) Do you know whether the Denver-Toyota store was adequately capitalized in 2001? MS. HOLMES: Object to the form of the question. A. Yes. Q. (BY MS. RYAN) Do you know whether or not the income tax returns were ever changed to reflect different numbers? A. I don't understand your question. Q. It was a bad question. I'm going to strike it. MS. RYAN: I think we are getting close to being finished. I would like to take a ten-minute break and then we'll wrap up. Okay? (Recess taken.) MS. RYAN: I have no further questions at this time. MS. HOLMES: Thank you. I have none. MS. RYAN: Thank you, sir. I appreciate your time. WHEREUPON, the within proceedings were concluded at the approximate hour of 4:43 p.m. on the 2nd day of September, 2004. * * * * *

REPORTER'S CERTIFICATE STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) I, MARCHELLE HARTWIG, Certified Shorthand Reporter and Notary Public, State of Colorado, do hereby certify that previous to the commencement of the examination, the said RICHARD DICKERT was duly sworn by me to testify to the truth in relation to the matters in controversy between the parties hereto; that the said deposition was taken in machine shorthand by me at the time and place aforesaid and was thereafter reduced to typewritten form, consisting of 36 pages herein; that the foregoing is a true transcript of the questions asked, testimony given, and proceedings had. I further certify that I am not employed by, related to, nor of counsel for any of the parties herein, nor otherwise interested in the outcome of this litigation. IN WITNESS WHEREOF, I have affixed my signature this 15th day of September, 2004. My commission expires April 19, 2005.

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I, RICHARD DICKERT, do hereby certify that I have read the above and foregoing deposition and that the same is a true and accurate transcription of my testimony, except for attached amendments, if any. Amendments attached ( ) Yes ( ) No ______________________________ RICHARD DICKERT

The signature above of RICHARD DICKERT was subscribed and sworn to before me in the county of ______________, state of Colorado, this ______ day of ________________, 2004. ______________________________ Notary Public My commission expires Roberta Pulse 9/2/04 (mh)

10 (Pages 34 to 36) [email protected] HUNTER + GEIST, INC. 303.832.5966 / 800.525.8490