Free Declaration in Support - District Court of California - California

Case 3:07-cv-03114-SI

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00001 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ---oOo--4 5 FERNANDO DAROSA, 6 Plaintiff, 7 vs. No. 3:07-CV-03114-SI 8 KAISER FOUNDATION HEALTH PLAN, INC., 9 Defendant. 10 _______________________________/ 11 12 13 DEPOSITION OF ANASTACIA FREITAS 14 Tuesday, June 10, 2008 15 16 17 18 19 20 21 REPORTED BY: CYNTHIA LEW, RPR, CSR No. 11999 22 23 TOOKER & ANTZ COURT REPORTING & VIDEO SERVICES 24 350 SANSOME STREET, SUITE 700 SAN FRANCISCO, CALIFORNIA 94104 25 (415) 392-0650

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00002 1 INDEX 2 3 DEPOSITION OF ANASTACIA FREITAS 4 5 EXAMINATION BY: PAGE 6 MR. MARTIN 5 7 ---oOo--8 9 EXHIBITS 10 (For Defendant) 11 IDENTIFICATION DESCRIPTION PAGE 12 1 Two-page subpoena, dated June 6, 2006 8 13 2 Three-page notice of deposition, 9 dated June 5, 2008 14 3 "Visit Verification/Family Leave," 64 15 dated January 24, 2006 16 17 ---oOo--18 19 20 21 22 23 24 25

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00003 1 BE IT REMEMBERED that, pursuant to Notice 2 of Taking Deposition, on Tuesday, June 10, 2008, 3 commencing at the hour of 10:11 o'clock a.m. thereof, 4 at the Law Offices of Seyfarth Shaw, 560 Mission 5 Street, 31st Floor, San Francisco, California 94105 6 before me, CYNTHIA LEW, duly authorized to administer 7 oaths pursuant to Section 2093(b) of the California 8 Code of Civil Procedure, personally appeared 9 ANASTACIA FREITAS, 10 called as a witness on behalf of the Defendant, and 11 the said witness, having first been placed under 12 oath, was thereupon examined and testified as 13 hereinafter set forth. 14 15 APPEARANCES 16 The Offices of Jeremy L. Friedman, 2801 17 Sylhowe Road, Oakland, California 94602, represented 18 by JEREMY L. FRIEDMAN, Attorney at Law, appeared as 19 counsel on behalf of the Plaintiff. 20 The Law Offices of Seyfarth Shaw, 560 21 Mission Street, Suite 3100, San Francisco, California 22 94105, represented by JONATHAN D. MARTIN, Attorney at 23 Law, appeared as counsel on behalf of the Defendant. 24 Also present: Michael Santy, videographer. 25

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00051 1 Q. Member services was the department where 2 Mr. daRosa worked at Kaiser? 3 A. Yes. 4 Q. To your knowledge, did Mr. daRosa ever miss 5 work while Ms. Roper was his supervisor? 6 A. Yes. 7 Q. How often did he miss work when 8 Mr. daRosa -- I'm sorry -- when Ms. Roper was his 9 supervisor? 10 A. I don't -- I don't recall. 11 Q. Do you remember any occasion when 12 Mr. daRosa missed work when Ms. Roper was his 13 supervisor? 14 A. I remember one occasion at lunchtime, and I 15 was going back to work. And we'd walk back to work 16 together, but that day, just so happened I went to 17 lunch earlier, so I had to go back to work a little 18 bit earlier. So I left him in the car, and I went in 19 to work. And then when I got off work, he was out, 20 in the car. He was -- yeah. 21 Q. That was a day on which Mr. daRosa was 22 supposed to be working? 23 A. Right. He was supposed to go back after 24 lunch. 25 Q. Do you know why he was waiting in the car

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00052 1 on this occasion? 2 MR. FRIEDMAN: Objection. Misstates the 3 testimony. 4 MR. MARTIN: Q. What was he doing in the 5 car on this occasion? 6 A. He was sleeping. 7 Q. Were you in the course of going to work 8 together on this occasion? In other words, what 9 caused you to be in the car together on this 10 occasion? 11 A. We were going to drive home together. We 12 went to work together that morning. 13 Q. I see. What time of day was it when you 14 found him sleeping in the car? 15 A. It was 5:00 o'clock. I'd get off at 5:00. 16 Q. So was he waiting in the car for you after 17 his workday? Was that -18 MR. FRIEDMAN: Objection. Assumes -19 MR. MARTIN: Q. Was that what caused this 20 to happen? 21 MR. FRIEDMAN: Objection. Assumes facts 22 not in evidence; misstates testimony. 23 MR. MARTIN: Q. Okay. What time of day 24 did this occur, when you found him sleeping in the 25 car?

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00074 1 MR. FRIEDMAN: Objection. Asked and 2 answered. 3 Go ahead. You can answer it again, though. 4 THE WITNESS: No. 5 MR. MARTIN: Q. Ultimately, you did fax 6 the document to member services. Correct? 7 A. Yes. 8 Q. Do you remember the date and time that you 9 faxed it? 10 A. Well, I started work at 8:00 in the 11 morning. And I faxed it about two or three times, 12 and it came back failed. It wasn't going through. 13 And I wanted to make sure it got there before they 14 opened the office -- opened member services. So then 15 finally it was transmitted, and I got a copy showing 16 that it had been transmitted. 17 Q. How did you know that the fax had initially 18 failed? 19 A. Because we get confirmation after we fax 20 something. 21 Q. So there was some kind of printed 22 confirmation that the fax had failed a couple of 23 times? 24 A. Correct. 25 Q. Do you remember what you did with those

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00078 1 Q. Was that at the same time when you told him 2 you had faxed it? 3 A. Yes. 4 Q. What did he say when you told him that you 5 had walked over the document? 6 A. He asked if she had received it. 7 Q. And how did you respond to that? 8 A. I explained to him how I dropped it off. 9 Q. Okay. So let's talk about that. So you 10 walked across the street and hand-delivered the 11 document to some place in member services. Correct? 12 A. I went into member services, and I said 13 that I needed to see Marjorie Roper. And one of the 14 girls there said, "She's right down the hall. Her 15 office is to the left." 16 So I went down the hall. And Marjorie 17 Roper was on the phone, but her door was cracked open 18 a little bit. So I knocked on her door, and I said, 19 "I have Fernando's work slip here." And she just 20 pointed to her box by the door, for me to drop it off 21 (indicating). So I left it in the box, and then I 22 left. 23 Q. Okay. Let's back up for a second and take 24 that step by step. So you walk to member services. 25 Who do you first speak to there?

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00168 1 CERTIFICATE OF DEPOSITION OFFICER 2 I, CYNTHIA LEW, CSR 11999, duly authorized 3 to administer oaths, hereby certify that at the 4 commencement of the foregoing deposition, the witness 5 stated, under penalty of perjury, that he or she 6 would testify the truth, the whole truth, and nothing 7 but the truth in the within-entitled cause; that said 8 deposition was taken at the time and place therein 9 stated; that the testimony of said witness was 10 reported by me by me and was thereafter transcribed 11 by me or under my direction into typewriting by 12 computer; that the foregoing is a full, complete, and 13 true record of such testimony; and that the deponent 14 or a party requested review of the deposition prior 15 to the completion of the deposition; and that the 16 deponent was given an opportunity to review the 17 deposition. 18 I further certify that I am not of counsel 19 nor attorney for either or any of the parties in the 20 foregoing deposition and caption named, nor in any 21 way interested in the outcome of the cause named in 22 said caption. 23 DEPOSITION OFFICER 24 I hereby certify this copy is a true and exact copy of the original. 25