Free Declaration in Opposition - District Court of California - California

Case 3:08-cv-02108-JL

Document 25

Filed 06/11/2008

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DILLINGHAM & MURPHY, LLP CARLA J. HARTLEY (STATE BAR NO. 1 172 1 3) WILLIAM P. WILSON (STATE BAR NO.230444) 225 Bush Street, 6th Floor San Francisco, California 94 104-4207 Telephone: (4 15) 397-2700 Facsimile: (415) 397-3300

Attorneys for Defendant DOMINION ENTERPRISES

UNITED STATES DISTRICT COURT

9W

NORTtiERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

RITA SIGLAIN, an individual,

Case No. CV-08-2 108 JL

1I

Plaintiff,

TRADER PUBLISHING COMPANY, a Virginia General Partnership; DOMINION ENTERPRISES, TNC., a Virginia corporation; LANDMARK COMMUNICATIONS, INC., a Virginia corporation; BEST IMAGE MARKETING,JNC., a California corporation,

DECLARATION OF SUNNY SONNER IN OPPOSITION TO PLAINTIFF'S MOTION FOR DECLARATORY AND INJUNCTIVE RELIEF ENJOWING ENFORCEMENT OF ARBITRATION AGREEMENT AND IN SUPPORT OF DEFENDANT'S MOTION TO STAY

1
1.

Defendants.

Date: July 2,2008 Time: 9:30 a.m. Dept.: Courtroom F Judge: The Honorable James Larson
Magistrate Judge

1, Sunny R. Sonner, do declare:

I have personal knowledge of the matters set forth in this Declaration, except as to those
I am the Executive Vice President of Human Resources for defendant Dominion

stated on information and belief, and if called to testify thereto could do so competently.
2.

Enterprises, a Virginia General Partnership. Prior to September 10,2006, Dominion was known
as Trader Publishing Company.
3.

In 2005, Trader Publishing acquired the assets of Best Image Marketing. As part of the

acquisition, Trader offered employment to all of Best Image's employees. En~ployrnentwith

Trader Publishing was conditioned on Best Image employees agreeing to various terms and
conditions of employment with Trader Publishing, including signing Trader Publishing's Mutual Agreement to Arbitrate.
Page 1 Case No.CV-08-2 108 JL Sonner Decl. Opp. Plaintiffs MOF Dec. and Inj. Relief and Support or Dcf. Motion for Stay

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Case 3:08-cv-02108-JL
4.

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I traveled to Lake County, California with Constance Johnson, Director of Benefits and

Safety, Tarnmy Josephson, Health and Welfare Manager, Norman Hoffmann. Chief Financial
Officer, and Rick Murchake, Vice President of Vehicle Web Services, to conduct orientation for the Best lmage employees.
5.

The orientation took place on May 17,2005. Best Image employees were split into two

groups with approximately 30 employees in each group. One orientation session was conducted in
the morning and one in the afternoon. Each orientation session took about four hours.
6.
At the beginning of the orientation, I welcomed the employees to Trader Publishing,

provided an overview of the company and an introduction to Human Resources. I then turned the
orientation over to Constance Johnson, who presented an extensive review of Trader's policies,

procedures and benefits. As part of this review, Ms. Johnson discussed the company's Open Door
Policy followed by a discussion of the Arbitration Agreement. After the Best Image employees received their new hire packets, she also reviewed all of the documents contained in the packet, including our Mutual Agteement to Arbitrate. I was with Ms. Johnson during her presentation in
case employees had additional questions about the paperwork.

7.

We encouraged Best lmage employees to ask questions during orientation. I cannot recall

if there were any questions concerning the Arbitration Agreement. We explained to the employees that in order to ensure a timely and uninterrupted transition to our payroll and benefits, there was a

short deadline for returning the signed papenvork. We told the employees that since their first
payroll period with Trader ended Friday May 20.2005, we needed to get the signed papenvork

back and get everyone keyed into Trader's system by May 20 in order to issue paychecks to them on the first pay day, May 27. We encouraged the employees to read and sign the paperwork at that
time. Due to the payroll deadline, we asked the employees to return the signed paperwork to us

before we left the following day, May 18. We also told the employees that they had the right to take the documents home and could have an attorney, counselor, or anyone take a look at the

documents before they signed them. We also informed the employees that Tammy Josephson
would be available on May 18 to answer any additional questions that they had.
8.

Tarnmy Josephson, Constance Johnson, and I were available May I 8 until approximately

3:00 or 4:00 in the afternoon to answer additional questions.

9.

I did not at any time during the orientation process state that arbitration was just the first

step in resolving any disputes. To the best of my knowledge, nobody else with Trader made this

statement.
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Sonncr Decl. Opp. Plaintiffs MOF Dee. and Inj. Relief and Support or Def. Motion for Stay

Case 3:08-cv-02108-JL

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10.

As part of my responsibilities, I am aware of employment claims made against the

company. To the best of my knowledge, Dominion Enterprises has not arbitrated any other employment case with the American Arbitration Association in California.

I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct and that this Declaration was executed on June \ 1 2008 in Norfolk,
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Virginia.

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