McNealy v. Becnel et al

Filing 341

ORDER AND REASONS granting 277 Motion for Summary Judgment; granting 280 Motion for Summary Judgment, all claims against the Local Union and USW International are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that the Local Union's and USW International's requests for attorney's fees is DENIED. Signed by Judge Susie Morgan on 5/26/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (clc)

Page 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

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*
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NEWTON MCNEALY
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*
VERSUS
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*
DARRYL J. BECNEL, ET AL *
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* * * * * * * * *

CIVIL ACTION NO.
2:14-cv-02181-SM-JCW
JUDGE SUSIE MORGAN
MAGISTRATE JUDGE
JOSEPH WILKINSON

VOLUME I
Videotaped Deposition of NEWTON T.
McNEALY, JR., taken on Wednesday, November 16,
2016, commencing at 9:49 a.m., in the offices of
Robein, Urann, Spencer, Picard & Cangemi,
Attorneys at Law, 2540 Severn Avenue, Suite 400,
Metairie, Louisiana, 70002.

Page 2
1

I N D E X

2
3
Page
4
5
6

Caption
Index of Exhibits
Appearances
Agreement of Counsel

1
3
5
8

7
Examination
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

THOMAS J. McGOEY II, ESQ.
JULIE RICHARD-SPENCER, ESQ.
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*

Witness' Certificate
Reporter's Page
Certificate

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*

9
244

*
273
274
275

Page 3
1

INDEX OF EXHIBITS

2
VOLUME I
3
Number

Page

1

February 6, 2014 Certified Return Receipt Requested Letter
from Tammy V. Troxclair, Human
Resources Associate Motiva to
Newton McNealy

145

8

2

4/30/3024 Separation Notice

146

9

3

Excerpt of Deposition of Newton T.
McNealy taken on January 17, 2014
in the matter filed with the
Office of Workers' Compensation
entitled Newton T. McNealy v.
Motiva Enterprises, LLC

147

4

5/5/2015 Letter from Zaida
Monconduit, Program Operations
Specialist, U.S. Equal
Employment Opportunity Commission
to Newton McNealy

168

5

Shell and Motiva Harassment Policy
April 2009

176

6

March 24, 2014 Handwritten letter
of intent by Newton McNealy to
appeal MetLife's decision
concerning claim and
February 6, 2012 Letter from
Mr. McNealy to MetLife
M-0332, M-0658

203

7

Plaintiff's Response to First Set
of Interrogatories

225

8

Plaintiff's Response to Admission

225

4
5
6
7

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 4
1

(Cont.)

INDEX OF EXHIBITS

2
3

Number

Page

9

Order of Approval and Dismissal
of Suit/Claim with Prejudice in
matter of Newton T. McNealy v
Motiva Enterprises, LLC filed
with the Office of Workers'
Compensation

227

10

Notice of Award by the Social
Security Administration,
Retirement, Survivors, and
Disability Insurance to Newton
W. McNealy, Jr.

228

11

Orientation Documents Checklist
for New Hire

238

12

September 4, 2012 Letter from
Randy Cavalier, Human Resources
Account Manager, Maintenance,
Motiva to Newton McNealy

239

4
5
6
7
8
9
10
11
12
13
14
15
16

VOLUME II
13

Plaintiff's Response to United
Steel Workers, Local Union's
First Set of Interrogatories,
Requests For Production of
Document and Request for
Admissions

337

14

April 12, 2011 Written Reminder
from Brandon Dufrene, Hard
Crafts Supervisor and Clay
Threadgill, Maintenance Team
Leader to Newton McNealy

341

15

March 25, 2011 News Article re:
Louisiana man arrested for
stealing cattle, Natchez,
Mississippi

342

17
18
19
20
21
22
23
24
25

Page 5
1

(Cont.)

INDEX OF EXHIBITS

2
3

Number

Page

4
16

Crime Reports: May 23, 2011
Natchez Police Department

344

17

Plaintiff's Fourth Amended and
Supplemental Complaint Request
for Trial by Jury

346

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Page 6
1
2

APPEARANCES:
Representing the Plaintiff, Newton T.
McNealy, Jr.:

3

5

HUNT-CLARK LAW FIRM
Attorneys at Law
5727 St. Claude Avenue
New Orleans, Louisiana

6

BY:

4

70117

QUIANA M. HUNT, ESQ.

7
8

Representing the Defendants, USW Local 750 and
the International:

9
10
11

ROBEIN, URANN, SPENCER,
PICARD & CANGEMI, APLC
Attorneys at Law
2540 Severn Avenue, Suite 400
Metairie, Louisiana 70002

12
BY:
13

JULIE RICHARD-SPENCER, ESQ.
KEVIN R. MASON-SMITH, ESQ.

14
15
16
17

Representing the Defendants, Motiva
Enterprises, Shell Chemical, Shell Oil and
Saudi Refining:

19

LISKOW & LEWIS
Attorneys at Law
One Shell Square, Suite 5000
701 Poydras Street
New Orleans, Louisiana 70139

20

BY:

18

THOMAS J. McGOEY II, ESQ.
PHILIP R. DORE, ESQ.

21
22
23
24
25

Reported by:
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana

Page 7
1

APPEARANCES: (Cont.)

2
ALSO PRESENT:
3
Representing Metropolitan Life:
4
5
6

ELKINS, PLC
Attorneys at Law
One Shell Square, Suite 5000
201 St. Charles Avenue, Suite 4400
New Orleans, Louisiana 70170

7
BY:

VIRGINIA N. RODDY, ESQ.

8
9
10
11
12

James Preston
Industrial Relations Manager
Shell Chemical and Motiva Norco
Stanley Price
Paralegal
Hunt-Clark Law Firm

13
14

Mark Ancalade
Videographer
US Legal Support

15
16
17
18
19
20
21
22
23
24
25

Reported by:
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana

Page 8
1

S T I P U L A T I O N

2
3

It is stipulated and agreed by and among

4

counsel that the videotaped deposition of NEWTON

5

T. McNEALY, JR., is hereby being taken under the

6

Federal Rules of Civil Procedure in accordance

7

with the Rules.

8
9

The formalities of sealing and
certification are hereby waived.

The witness

10

reserves the right to read and sign the

11

deposition.

12

of the discovery material shall retain the

13

original.

14

The party responsible for service

All objections, save those as to the form

15

of the questions, are hereby reserved until such

16

time as this deposition, or any part thereof,

17

may be used or sought to be used in evidence,

18

and are to be made in accordance with the

19

Federal Rules of Civil Procedure.

20

*

*

*

*

*

21

KAY E. DONNELLY, Certified Court Reporter,

22

in and for the State of Louisiana, officiated in

23

administering the oath to the witness.

24
25

Page 9
1

NEWTON T. McNEALY JR., 39392 Highway 74,

2

Gonzales, Louisiana, 70737, after having been

3

first duly sworn, testified on his oath as

4

follows:

5

THE VIDEOGRAPHER:

6

We are now on the Record at 9:49.

7

This is the videotaped deposition of Mr. Newton

8

McNealy, Jr., taken in a matter of Newton

9

McNealy versus Darryl J. Becnel, et al.

10

Cause

Number 14-2181.

11

Today's deposition is being held at

12

2540 Severn Avenue, Suite 400, Metairie,

13

Louisiana, on November the 16, 2016.

14

My name is Mark Ancalade, the

15

videographer.

16

Donnelly.

17

The Court Reporter is Ms. Kay

I would ask that Counsel please

18

state their names for the Record, which

19

thereafter will the Court Reporter please swear

20

in the witness?

21

MR. McGOEY:

22

Thomas McGoey for Motiva

23

Enterprises, Shell Chemical, Shell Oil and Saudi

24

Refining, along with my colleague, Philip Dore.

25

MS. RICHARD-SPENCER:

Page 10
1

Julie Richard-Spencer for USW Local

2

750 and the International.

3

MS. RODDY:

4
5

Virginia Roddy from Metropolitan
Life Insurance Company.

6

MS. MASON:

7
8

Kevin Mason-Smith for USW Local 750
and also USW International.

9

MS. HUNT:

10
11

Quiana Hunt for Newton McNealy,
Plaintiff.

12
13
14

(Witness sworn.)
EXAMINATION BY MR. McGOEY:
Q.

Good morning, Mr. McNealy.

We just met.

15

As I explained, I represent four of the

16

defendants that you have sued in this lawsuit:

17

Motiva Enterprises, Shell Chemical, Shell Oil

18

Company Mand Saudi Refining, Inc.

19

And we are here today to take your

20

deposition.

21

How many depositions have you given

in the past?

22

A.

One.

23

Q.

And what case was that in?

24

A.

A workman comp case.

25

Q.

Was that your workmen's comp case

Page 11
1

against Motiva?

2

A.

Yes.

3

Q.

All right.

4

Do you understand the

meaning of the oath that you have taken?

5

A.

Absolutely.

6

Q.

Do you understand that you have to

7

testify truthfully, just as if we were in court?

8

A.

Yes.

9

Q.

Do you understand that your testimony

10

today could be used at the trial of this case?

11

A.

I hope it does.

12

Q.

And that it could be used in connection

13

with motions in this case?

14

A.

I -- yes.

15

Q.

If you have a problem understanding any

16

of my questions, will you let me know?

17

A.

Absolutely.

18

Q.

So you are doing an excellent job of

19

giving verbal responses.

20

Reporter.

21

That helps the Court

It is much better to give a verbal

22

response than a nod or a shake so please keep

23

doing that.

24

A.

Yes, sir.

25

Q.

And if you want me to rephrase a

Okay?

Page 12
1

question or repeat a question, will you let me

2

know?

3

A.

Absolutely.

4

Q.

Are you on any medication today that you

5

believe will impact your ability to understand

6

my questions?

7

A.

Yes.

8

Q.

So tell me what medication that you are

9

on today?

10

A.

11

I am on Xanax, and one other medicine I

can't pronounce that will have an impact.

12

Q.

Okay.

So let's talk for a minute about

13

the Xanax.

14

A.

Dr. Atluri.

15

Q.

And what do you -- what condition do you

Who prescribed the Xanax for you?

16

believe that that medicine has been prescribed

17

to treat?

18

A.

Anxiety and severe depression disorder.

19

Q.

And what is your normal dosage of Xanax?

20

A.

One milligram twice a day.

21

Q.

And did you take your normal dosage

22

today?

23

A.

On schedule.

24

Q.

Okay.

25

All right.

The other medicine,

you don't -- you are not sure of the name?

Page 13
1
2

A.

It is something like Zoloft.

Something

to keep me calmed down.

3

Q.

And who prescribed that medicine?

4

A.

Dr. Atluri.

5

Q.

And what is the dosage?

6

A.

I think the same.

7

About one milligram

twice a day.

8

Q.

9

today?

10

A.

Yes.

11

Q.

How do you think that -- well, first of

12

all, let's go it one by one.

13
14

And did you take your normal dosage

Do you think the Xanax is going to
affect your ability to understand my questions?

15

A.

16

think.

17

Q.

18

No, not -- it won't affect that, I don't

Do you think the Zoloft is going to

affect your ability to understand my questions?

19

A.

20

animated.

21

-- it mellows me out.

22

Q.

No.

It just won't be, you know,

It won't be -- you know, it is mellow

All right.

Do you feel like you will be

23

able to truthfully respond to my questions today

24

despite whatever medication you have taken?

25

A.

Yes.

Page 14
1

Q.

All right.

All of us want to make sure

2

that you -- we get accurate, truthful testimony

3

from you.

4

can do that today, we need you to tell us.

5

So if you -- if you don't believe you

But I think I am understanding that you

6

are comfortable with that, but I want you to

7

confirm that for us.

8

MS. HUNT:

9
10

Okay?

Objection.

He -- that is

speculation.

11

He doesn't know how this medicine is

12

going to affect him today.

13

to the best of his ability, which he is going to

14

try to do.

15

He can only answer

MR. McGOEY:

16

Well, I think the defendants are

17

entitled to know that we are not going to get a

18

transcript that the plaintiff later says is

19

worthless because he couldn't understand the

20

questions.

21

So, I mean, we need a commitment

22

from the plaintiff's side of this case that you

23

all are ready to proceed with this deposition.

24
25

MS. HUNT:
We are ready to proceed, as we are

Page 15
1

required to.

2

However, the medication and his

3

mental disability may preclude him from being

4

able to adequately recall certain incidents and

5

be able to convey those things to you

6

adequately.

7

He does also have PTSD.

He does

8

have spots of his memory that needs jogging,

9

some things blacked out.

10

So, I mean, we are here in good

11

faith to answer the questions to the best of his

12

ability.

13

We definitely have a letter coming

14

from his doctor also about the deposition.

15

are here in good faith.

16
17
18
19

We

MR. McGOEY:
Well, what -- so what is the letter?
MS. HUNT:
She hasn't given it to us yet, which

20

she is going to reduce it to writing about the

21

videotaped deposition and the deposition in

22

general, her recommendations on the deposition

23

and the videotape deposition.

24

those today.

25

MR. McGOEY:

We should have

Page 16
1

Why didn't we get them before

2

everybody came here and made arrangements and we

3

have court reporters and I mean --

4
5

MS. HUNT:
I am just saying that Mr. McNealy

6

cannot -- he had -- like he said, he does -- he

7

does -- he does think this medicine is going to

8

affect him reflecting.

9

He cannot tell you that he is going

10

to be able to adequately respond to these

11

questions given his mental condition and the

12

medication that he is on, which all of you guys

13

had knowledge of his mental condition and the

14

medication that he is on.

15

MR. McGOEY:

16

I don't -- okay.

17

MS. RICHARD-SPENCER:

18
19
20
21
22

And let me -- can I try it?
MR. McGOEY:
Yeah.
MS. RICHARD-SPENCER:
Do you -- are you saying that -- I

23

just want to be clear, because I think I know

24

what you are saying, but I want to be clear.

25

Are you saying that the medications

Page 17
1

make it so that he can't testify truthfully, or

2

that it may affect his ability to recall?

3

MS. HUNT:

4

The latter.

5

MS. RICHARD-SPENCER:

6
7
8
9
10
11
12
13
14
15

Okay.

So, he is -- we don't have an

issue about his ability to testify truthfully?
THE WITNESS:
Right.
MS. HUNT:
No.
MS. RICHARD-SPENCER:
But he may not be able to recall
things, is what you are saying?
MS. HUNT:

16

Correct.

17

THE WITNESS:

18

Exactly.

19
20

MS. RICHARD-SPENCER:
Can it -- Tommy, you may have to

21

decide if you want to move forward, but can we

22

move forward with an agreement that Mr. McNealy

23

will tell us where he can't recall something, so

24

that we know that there is a recall issue on

25

those questions?

Could we do that?

Page 18
1

MS. HUNT:

2

Yes.

3

MS. RICHARD-SPENCER:

4

And if at some point in time his

5

condition deteriorates to a point that he

6

believes he cannot testify truthfully any longer

7

because of the impact of the medication, you

8

guys will tell us that so we can stop the

9

deposition at that point, so we don't end up

10

with a transcript that we cannot use at a later

11

point in time?

12

MS. HUNT:

13

Yes.

14

MS. RICHARD-SPENCER:

15

Tommy, does that help any or --

16

MR. McGOEY:

17

I -- I think it does.

18

let's -- let's go back.

19

So, let's --

EXAMINATION BY MR. McGOEY:

20
21

Q.

So, Mr. McNealy, you are comfortable

going forward, correct?

22

A.

Yes.

23

Q.

And you are going to -- you are going to

24
25

testify truthfully, to the best of your ability?
A.

Yes.

Page 19
1

Q.

And --

2

A.

If I'm given a little time.

My mind

3

don't work as good as it used it before this

4

happened, but I will do the best I can.

5

Q.

6
7
8
9
10
11

Fair enough.

Okay.

All right.

Did you review any documents in
preparation for this deposition?
A.

No.

Not by -- not until I am here

today, and I was handed that (indicating).
Q.

All right.

When -- can you show me the

folder that you just pointed to?

12

A.

(Indicating.)

13

Q.

So, who handed you this folder?

14

A.

My attorney.

15

Q.

And did you see it when you first got to

16

the building?

17

A.

Yes.

18

Q.

Have you read through it today?

19

A.

No.

20

Q.

Okay.

21
22

All right.

MR. McGOEY:
So the let Record reflect that the

23

folder contains a couple of blank pages of paper

24

and a copy what appears to be the Plaintiff's

25

Fourth Amended and Supplemental Complaint.

It

Page 20
1

doesn't have a file stamp, so it may be a draft.

2

EXAMINATION BY MR. McGOEY:

3
4
5
6
7
8

Q.

But -- all right.

So, you really didn't

review any documents before the deposition?
A.

I didn't know about this deposition

until 8:00 last night.
Q.

Have you talked to anyone other than

your attorney about the deposition?

9

A.

Yes.

10

Q.

Who have you talked to about it?

11

A.

Just close, close relatives,

12

acquaintances.

13

Q.

What are their names?

14

A.

Close friends.

15
16
17

I don't know if I want

to give anybody's name.
Q.

Well, why -- why are you reluctant to

give the names?

18

A.

It is just -- family members.

19

Q.

So, what did you talk about with them?

20

A.

Just -- I got a brother in the hospital.

21

I talked to him about it.

And he was trying to

22

get me to come to Dallas to see him, but I

23

couldn't make it because of the one Thursday,

24

but --

25

Q.

Did you talk to anybody about questions

Page 21
1

you might -- other than your lawyer, about

2

questions you might be asked and how you would

3

respond?

4

A.

No.

5

Q.

Is your current address 39392 Highway

6

74, Gonzales, Louisiana, 70737?

7

A.

Yes.

8

Q.

And have you lived at that address for a

9

good while?

10

A.

Yes.

11

Q.

Since 1995?

12

A.

May have been then.

13

Yeah, that sounds

about right.

14

Q.

So, roughly 20 years at that address?

15

A.

Yes.

16

Q.

Have you lived anywhere else since 1995?

17

A.

No.

18

Q.

Do you get your mail at that address?

19

A.

Yes.

20

Q.

Is that a house or an apartment?

21

A.

A house.

22

Q.

Who owns the house?

23

A.

Me.

24

Q.

Does anyone live with you at that

25

address?

Page 22
1

A.

No.

2

Q.

If we go back in time to when you last

3

worked for Motiva, back in -- I think your last

4

day of work was in 2012.

5

correct?

Does that sound

6

A.

Yes.

7

Q.

When you worked with Motiva, was anyone

8

living at this address with you, or were you

9

there alone?

10

MS. HUNT:

11

Objection.

12

MR. McGOEY:

13
14

Relevance.

The objection is noted.

You can

answer.

15

THE WITNESS:

16

Yeah.

Nobody lived there with me in

17

2012.

18

EXAMINATION BY MR. McGOEY:

19

Q.

How about in 2011?

20

A.

No.

21

Q.

Are you married?

22

A.

No.

23

Q.

Have you been married to anyone other

24
25

than Debra Lee and Catherine Carey?
A.

No.

Page 23
1

Q.

How many children do you have?

2

A.

Four.

3

Q.

Is that Michary McNealy?

4

A.

Yes.

5

Q.

That is a woman, correct?

6

A.

Right.

7

Q.

Does she live in Mississippi?

8

A.

No.

9

Q.

Where does she live?

10

A.

Atlanta.

11

Q.

And what is her age?

12

A.

Thirty-seven, I think.

13

Q.

You have another daughter named Stacy?

14

A.

Yes.

15

Q.

What is Stacy's last name?

16

A.

Stacy McNealy.

17

Q.

How old is she?

18

A.

Twenty-one.

19

Q.

And where does she live?

20

A.

Gonzales.

21

Q.

But not in the house with you?

22

A.

No.

23

Q.

And then you have two sons, as well,

24
25

correct?
A.

Correct.

Page 24
1

Q.

KaShawn Campbell?

2

A.

Yes.

3

Q.

How old is he?

4

A.

Forty-five.

5

Q.

And does he live in Maryland?

6

A.

He used to.

7

Q.

Where does he live now?

8

A.

Virginia.

9

Q.

And then another son named Armon Link?

10

A.

Yes.

11

Q.

How old is he?

12

A.

Twenty-five.

13

Q.

Where does he live?

14

A.

Baton Rouge.

15

Q.

Do you provide financial support for any

16

of your children at this point in time?

17

MS. HUNT:

18

Objection.

19

Relevance.

THE WITNESS:

20

Well, it ain't necessary, but I am

21

going to do everything I can for those kids

22

until they get 80.

23

EXAMINATION BY MR. McGOEY:

24
25

Q.

Is there -- are there any bills that you

currently pay for any of your children?

Page 25
1

A.

Yes.

2

Q.

Who are you paying bills for?

3

the kids?

4

A.

5

Which of

The youngest one that is still in

college.

Stacy, 21.

6

Q.

And where is she in college?

7

A.

Southern.

8

Q.

How far did you go in school?

9

A.

I had high school, plus a couple of

10
11
12

years of trade school.
Q.

What kind of -- did you get a degree

from trade school?

13

A.

14

Technology.

15

Q.

16

Yes.

An Associate's Art in Machine Shop

And you are comfortable reading and

writing, correct?

17

A.

Limited.

18

Q.

What do you mean by that answer?

19

A.

Spelling and stuff and, you know, and

20

just composing something in writing is a little

21

bit more difficult than speaking, than verbal

22

for me.

23

Q.

Okay.

Do you have a computer?

24

A.

Yes.

25

Q.

Do you have an Email address?

Page 26
1

A.

Yes.

2

Q.

What is your Email address?

3

A.

Newtorquue.

4

Q.

Is that N-E-W-T-O-R-Q-U-U-E?

5

A.

Yes.

6

Q.

At Gmail (dot) com?

7

A.

Exactly.

8

Q.

Did you set up the Gmail account?

9

A.

Years ago, yes.

10

Q.

Do you have any other Email addresses?

11

A.

No.

12

Q.

Do you have a home phone?

13

A.

No.

14

Q.

Do you have a cellphone?

15

A.

Yes.

16

Q.

What is your cellphone number?

17

A.

225-337-1893.

18

Q.

And who is your carrier?

19

A.

Verizon.

20

Q.

Did you make the arrangement for the

21

No, no.

AT&T now.

phone with AT&T?

22

A.

Yes.

23

Q.

Do you send text messages from time to

24
25

time?
A.

Yes.

Page 27
1

Q.

Do you belong to any clubs?

2

A.

No.

3

Q.

Have any hobbies?

4

A.

No.

5

Q.

Do you belong to a church?

6

A.

No.

7

Q.

Have you ever declared bankruptcy?

8

A.

No.

9

Q.

Have you ever asked any employees of

10

Motiva to get you any documents?

11

A.

No.

12

Q.

How about any employees of Shell

13

Chemical to get you any documents?

14

A.

No.

15

Q.

Is your birthday March 6th of 1955?

16

A.

Yes.

17

Q.

And where were you raised?

18

A.

Natchez, Mississippi.

19

Q.

Are your parents still alive?

20

A.

No.

21

Q.

Were they alive in 2011?

22

A.

No.

23

Q.

How many siblings do you have?

24

A.

Five.

25

Q.

And where are they located?

Any in

Page 28
1

Louisiana?

2

A.

No.

3

Q.

Is your -- well, what is your Social

4

Security number?

5

A.

587-90-4451.

6

Q.

How about your driver's license number?

7

A.

5044804.

8

Q.

Do you have a vehicle?

9

A.

Yes.

10

Q.

What is it?

11

A.

Dodge Ram pickup.

12

Q.

What year?

13

A.

'06.

14

Q.

Do you have any other vehicles?

15

A.

Yes.

16

Q.

What other vehicles do you have?

17

A.

Toyota Tacoma '05.

18

Q.

Any other vehicles?

19

A.

Not that I own, but I got the use of one

20
21
22

more.

I don't own it.

Q.

Okay.

So what vehicle do you have the

use of?

23

A.

That is my dad's.

24

Roadmaster.

25

Q.

Classic.

My dad's '95 Buick

Page 29
1

A.

It is a lot more than that to me.

2

Q.

I bet.

3
4

Okay.

Did you drive yourself from

Gonzales to Metairie today for the deposition?

5

A.

Yes.

6

Q.

And do you typically drive yourself

7

around?

8

A.

Yes.

9

Q.

Do you buy your own groceries?

10

A.

No.

11

Q.

Okay.

12

A.

I got somebody that cooks for me.

13

Q.

Who cooks for you?

14

A.

A friend of mine.

15

Q.

What is the person's name?

16

A.

Lynn Matthews.

17

Q.

Okay.

18

A.

I provide -- it is like barter, you

19

How do you get groceries?

Do you pay her to cook?

know.

20

Q.

21

woman?

22

A.

Yes.

23

Q.

What do you give Lynn in exchange for

24
25

So, what do you give Lynn?

Lynn is a

her cooking meals for you?
A.

She gets compensated.

She gets, you

Page 30
1

know -- yeah.

2

MS. HUNT:

3
4

Objection.

Relevance.

EXAMINATION BY MR. McGOEY:

5

Q.

Do you have a bank account?

6

A.

Yes.

7

Q.

Do you handle your own banking?

8

A.

Yes.

9

Q.

You have credit cards?

10

A.

No.

11

Q.

You have a checkbook?

12

A.

Yes.

13

Q.

Do you balance the checkbook?

14

A.

No.

15

Q.

Does somebody else balance it for you?

16

A.

I -- well, I just make sure I don't

17

overdo anything.

I don't splurge.

I don't do

18

anything, you know, extravagant or anything like

19

that.

20

necessary.

21

Q.

That only those things that are

But you are the one who watches to make

22

sure that you are not spending more than you

23

have in the bank?

24

A.

Yeah.

25

Q.

Do you ever buy things from the

Page 31
1

Internet?

2

A.

3
4
5

Not -- not too often.

I -- I can't

think of anything I bought.
Q.

Do you go on the Internet to look at

websites and read?

6

A.

Sometimes, yes.

7

Q.

Do you work on your vehicles?

8

A.

Sometimes, depending on what it is.

9

Q.

Do you work on your house?

10

Do repair

work?

11

A.

No.

12

Q.

Do you have any grandchildren that you

13

see?

14

A.

Yes.

15

Q.

Do you play with them?

16

A.

Yes.

17

Q.

Ever take them on trips to museums or

18

parks or anything like that?

19

A.

No.

20

Q.

Are you a fisherman or a hunter?

21

A.

No.

22

Q.

Do you have any friends at Motiva?

23

A.

I don't -- I don't know if I got any or

24

not, you know, because I haven't talked to

25

anybody since -- since I left there.

Page 32
1
2

Q.

When you were there, who were you

friendly with?

3

A.

Practically, everybody.

4

Q.

And do I understand correctly that you

5

have been diagnosed with sleep apnea?

6

A.

Yes.

7

Q.

And when were you first diagnosed with

8
9
10
11
12

that condition?
A.

It is a long time ago.

Maybe a -- that

could be almost 20 years ago.
Q.

That was certainly before any of the

events that this lawsuit is about --

13

A.

Exact --

14

Q.

-- correct?

15

A.

Exactly.

16

Q.

Do you also have -- do you have

17

hypertension?

18

A.

Yes.

19

Q.

Do you have diabetes?

20

A.

Yes.

21

Q.

Asthma?

22

A.

No.

23

Q.

Chronic fatigue?

24

A.

No.

25

Q.

Where do you get your medicine?

Page 33
1

A.

Walgreens.

2

Q.

Where is the Walgreens location?

3

A.

Highway 73 in Gonzales.

4

Q.

And do you deal with Walgreens to pick

5

up the prescriptions and pay for them, et

6

cetera?

7

A.

Yes.

8

Q.

I want to talk about your work history

9
10

before you got to the Shell in the Motiva
facility in Norco.

11
12

Were you fired from any job before you
started working at Shell Chemical in 2006?

13

A.

Yes.

14

Q.

Where?

15

A.

Emerson Process Management.

16

Q.

And why were you terminated by them?

17

A.

I have no idea.

18

Q.

Did they give you anything in writing

19

What company?

with a reason?

20

A.

No.

21

Q.

Did you ask anybody what the reason was?

22

A.

No.

23

Q.

Okay.

24
25

But I knew what it was.
And what did you think the reason

was?
A.

Just standing up for my personal rights.

Page 34
1
2
3
4
5
6

Q.

So, what personal rights did you stand

up for when you were with Emerson?
A.

Discrimination and the right to not be

exposed unnecessarily to hazardous chemical.
Q.

So what hazardous chemical do you think

you were exposed to at Emerson?

7

A.

It may have been cadmium and lead.

8

Q.

And how do you think you were exposed to

9
10
11
12
13

them?
A.

They were putting that in the dumpster

by the 55-gallon drum full like it was paper.
Q.

And what kind of discrimination did you

believe that you suffered at Emerson?

14

A.

Just racial.

15

Q.

So what -- what kinds of things happened

16

to you there that you believe were race

17

discrimination?

18

A.

I worked there for 19 years.

The first

19

10 years were night -- nightshift.

20

was refused the opportunity to go to the day

21

shift.

22

And the -- I

I was refused the opportunity to be -- I

23

was a machinist.

That is the job they wanted me

24

to do, but I -- they had mechanics' jobs also.

25

And they had day shift jobs that were mechanics.

Page 35
1

And that is what I was attempting to do,

2

to try to be a mechanic on days, rather than

3

just a machinist on nights.

4
5
6

Q.

And so -- so how do you think

discrimination came into play?
A.

They hired people right off the street

7

with no experience and gave them the day jobs

8

that I was applying for each time.

9
10

Q.

And you ultimately -- you ultimately

sued Emerson, correct?

11

A.

Correct.

12

Q.

And what happened with the case?

13

A.

That has been a long time ago.

14

before Katrina.

15

Right

me failed to answer a summary judgment.

16
17

Q.

The attorney I had representing

All right.

And so summary judgment was

granted against you dismissing the case?

18

A.

Exactly.

19

Q.

And did you appeal?

20

A.

Yes.

21

Q.

And what happened on appeal?

22

A.

I couldn't find representation.

23

you know.

24

Q.

25

All right.

I --

Is it your understanding

that the appellate court affirmed summary

Page 36
1
2

judgment dismissing the case?
A.

I think so.

If I'm understanding your

3

question correctly, I believe the answer can be

4

yes as far as that.

5

Q.

Have you -- other than Motiva and Shell

6

Chemical in this case, and Emerson that we just

7

talked about, have you ever made a

8

discrimination claim against another employer?

9

A.

No.

10

Q.

Have you filed any other lawsuits for

11

car wrecks or anything like that?

12

A.

No.

13

Q.

Have you had any car wrecks since 2010?

14

A.

No.

15

Q.

Can we agree that you started with Shell

16

Chemical in Norco in 2006?

17

A.

Yes.

18

Q.

Let's talk for a minute about the Norco

19

facility.

20

Chemical plant and a Motiva refinery, correct?

21

A.

So, at one site, there is a Shell

It is all intertwined.

There is no

22

boundaries, or there is no absolute dividing

23

line.

24

are intertwined.

25

Q.

They are all intertwined.

All right.

Both plants

Can we agree that some of

Page 37
1

the people who work at that site are employed by

2

Shell Chemical and some are employed by Motiva?

3

A.

That was all elastic.

You know, they

4

moved -- everybody -- it was intertwined.

5

I believe everybody there was employed by Shell

6

Oil.

7
8

Q.

It --

Why do you believe -- first of all, when

you say Shell Oil --

9

A.

Shell Chemical, Shell Oil.

10

Q.

Okay.

11

A.

By Shell.

12

Q.

So, those are two different companies.

So the --

13

So, let me ask you:

14

Oil, what company are you talking about?

15

A.

When you refer to Shell

Shell Oil, I am referring to the -- the

16

-- the site, the location.

17

is Shell.

18

Q.

Norco location is --

So when you worked at this facility, you

19

were a member of the Steelworkers Union,

20

correct?

21

A.

Yes.

22

Q.

And there was a time in July of 2008,

23

when you bid on a job with Motiva, correct?

24

A.

Yes.

25

Q.

So, and that was your choice whether to

Page 38
1

make that bid or not, correct?

2

A.

Yes.

3

Q.

And you -- you chose to put in a bid

4

that would switch you from being a machinist for

5

Shell Chemical to being a machinist for Motiva,

6

correct?

7

A.

That put me to a point where Motiva had

8

first dibs, but I still was a machinist for

9

Shell also.

10

There wasn't but one machine shop.

Even

11

Shell's people, that so-called worked for Shell,

12

had to use that one machine shop.

13

Q.

Why did you bid over from Shell Chemical

14

to Motiva?

15

A.

It was getting a little bit slow on --

16

on the Shell side, and the work -- I was

17

following the workload.

18

Q.

So, you thought if you bid over to

19

Motiva, there would be more available work for

20

you?

21

A.

More available overtime work.

22

Q.

All right.

23

And you wanted to get as

much overtime as you could?

24

A.

Exactly.

25

Q.

So, do you recall giving a deposition in

Page 39
1

the workers' compensation case you filed against

2

Motiva?

3

A.

Yes.

4

Q.

And when you -- when you filed a

5

workers' compensation case, you only filed it

6

against Motiva, correct?

7

A.

At that -- at that time, I think so.

8

Q.

All right.

9

So do you remember

testifying in the workers' compensation case,

10

and I am quoting, "I was actually employed"

11

comma "when all of this stuff was happening"

12

comma "by Motiva."

13

A.

Closed quotes.

It was Motiva's turnaround.

It was

14

Motiva's turnaround, that 12-hour shift.

15

to 7:00 nights.

16

on Motiva's equipment.

17

Q.

7:00

7:00 p.m. to 7:00 a.m. nights

And, yet, you are trying to say that you

18

were not only employed by Motiva, but you were

19

employed by some other company, too?

20

A.

Shell, yes.

21

Q.

Okay.

22

The Norco site has a medical

facility on the property, correct?

23

A.

Yes.

24

Q.

And employees who work at the site can

25

go see either a doctor or a nurse, who is right

Page 40
1

there, if there is an injury?

2

A.

Yes.

3

Q.

Did you ever go to the medical site at

4

the Motiva facility in Norco while you were

5

employed there?

6

A.

Yes.

7

Q.

What do you know about Saudi Refining,

8
9

Inc.?
A.

Do you know anything about that company?
The only thing I know about them is that

10

they are in contract with Shell, Motiva, Shell

11

Refinery.

12

really used on the site very much.

13

Q.

Just -- that was a name that wasn't

So, how do you know anything about that

14

company?

15

information you have about Saudi Refining, Inc.?

16
17

A.
part.

Where have you gotten whatever

I am just now hearing it for the most
I am just getting familiar with it.

18

Q.

19

about this?

20

A.

21

procedure.

22

Q.

23

And how -- what -- how are you learning

Through this -- through this legal

Do you -- can you name anybody who is

employed by Saudi Refining, Inc.?

24

A.

No.

25

Q.

Did you ever get a paycheck from Saudi

Page 41
1

Refining, Inc.?

2

A.

No.

3

Q.

Do you have any information that anybody

4

employed by Saudi Refining, Inc. was involved in

5

any of the incidents described in your lawsuit?

6

A.

I don't know where those people were

7

employed or whatever.

8

who paid who.

I don't know who gave --

I can't.

9

Q.

So --

10

A.

I can't verify that.

11

Q.

So, everybody involved in the incidents

12

that you filed this lawsuit about was in the

13

same union as you, correct?

14

A.

No.

15

Q.

All right.

16

in a little while.

17
18

We will talk about that more

Have you ever tape recorded any
conversation with any Motiva employee?

19

A.

No.

20

Q.

How about with any Shell Chemical or

21

Shell Oil employee?

22

A.

No.

23

Q.

How about with any Saudi Refining

24

employee?

25

A.

No.

Page 42
1
2

Q.

Did you ever send any text messages to

Motiva employees?

3

A.

Maybe back then, yes.

4

Q.

But not since you have been gone?

5

A.

No.

6

Q.

Any Emails with Motiva or Shell Chemical

7

or Shell Oil employees since you have been gone?

8

A.

No.

9

Q.

Have you deleted any of the text

10

messages -- have you deleted any text messages

11

with any Motiva or Shell Chemical or Shell Oil

12

employee?

13

A.

14
15
16

That -- that is long gone, man.

You --

the phones don't last that long.
Q.

Did you keep any kind of journal when

you were working for Motiva?

17

A.

No.

18

Q.

Did you keep a calendar that you would

19

make notes on about things that happened at

20

work?

21

A.

No.

22

Q.

Did you keep a notebook about things

23

that were happening at work?

24

A.

No.

25

Q.

All right.

So let's -- let's talk about

Page 43
1

that cattle charge.

2

MS. HUNT:

3
4
5

Objection.

Relevance.

EXAMINATION BY MR. McGOEY:
Q.

Tell me the story of you being jailed in

6

connection with cattle theft.

7

on that?

8
9
10

A.

What is the story

I am originally from Natchez,

Mississippi.

They had a -- my dad left about

150 acres of timberland.

11

And I was trying to raise cattle on it,

12

84 miles, 100 miles from where I lived.

13

worked.

14

And it

It worked for two or three years.
But I noticed that they were having

15

calves, and the calves, by the time they get

16

about six months old, somebody would steal the

17

calves.

18

them every -- every day or every week even.

19

So me not living there, I couldn't see

So I had to make a decision to go up

20

there and sell them all.

21

that I had in there, all of them.

22

just like a family dispute.

23

So I sold the cattle
And it was

They didn't want it to end, so they

24

brought charges on me for cattle theft for

25

selling my own cattle.

Page 44
1
2
3
4

Q.

Who -- so, who was it that brought the

charges?
A.

They was an uncle and his friend and my

brother.

It was three people.

5

Q.

What are their names?

6

A.

William.

William McNealy is my uncle.

7

Carl McNealy is my brother.

8

I can't think of his real name.

9
10

Q.

Just -- I am not sure I

understood it.

11
12

All right.

And the other guy,

William is the uncle and Carl is the
brother?

13

A.

Yeah.

14

Q.

Okay.

15

A.

Yes.

16

Q.

Where?

17

A.

At home in Gonzales.

18

Q.

And what happened after that?

19

A.

Well, it is just -- you got -- you are

And so you got arrested?

20

dealing with two states there.

21

came from Mississippi.

22

The arrest order

I mean, the communication problem -- you

23

know, the -- all three of those guys were

24

working trying to -- because they -- they didn't

25

think it would happen.

Page 45
1

And they were working hard up in

2

Mississippi trying to get the judge to -- and by

3

the time the judge dismissed it, it was Monday.

4

Monday morning, because it happened Friday

5

night.

6

-- I wind up staying there.

7
8

Q.

Nothing is open all weekend.

So I had

You spent the weekend in jail in

Ascension Parish?

9

A.

Yes.

10

Q.

And you missed some work?

11

A.

Yes.

12

Q.

And that was in March of 2011?

13

A.

No.

14

Q.

All right.

15
16

It might have been 2010.
Do you have any paperwork

related to that?
A.

No.

As a result that, they put me on a

17

program, an absenteeism program where I couldn't

18

be late.

19

year.

20

I couldn't miss any more work for one

And that is -- that is where the stress

21

came at.

And -- and see -- and that was a -- a

22

big deal because they found an article in the

23

paper with that arrest on there and blew it up

24

big and put it on the bulletin board for

25

everybody to see it.

Page 46
1

So they knew I was in the program.

2

couldn't be late.

3

or it would have been the next step.

I

I couldn't miss any more time
So --

4

Q.

So, Motiva had an attendance program --

5

A.

An attendance.

6

Q.

-- correct?

7

A.

Yes.

8

Q.

And they -- and -- and if you missed

9

work and didn't have a proper reason, you would

10

be disciplined at some level for that, correct?

11

A.

Correct.

12

Q.

So even before you were arrested, you

13

had some absences that were against your record,

14

right?

15

A.

16
17

Not really.

Nothing to speak of.

Nothing to my -- to my degree significant.
Q.

Okay.

So then -- then the arrest

18

happens and you miss -- how many days did you

19

miss because of the arrest?

20

A.

Two days, Monday and Tuesday.

21

Q.

So you are saying you were put on -- you

22

were given a reminder of some kind?

23

A.

Yeah.

24

Q.

Do you remember was it an oral reminder?

25

A written reminder?

Do you remember what the

Page 47
1

level was?

2

A.

No.

3

Q.

If the paperwork reflects that that was

4
5

in 2011, would you disagree with that?
A.

6

That -- that is part of the condition.
Man, my perception of time is different.

7

As far as I can remember, I would say March of

8

2010.

9

Q.

10

Fair enough.
Do you know who it was that you say put

11

something from the paper about you being

12

arrested up -- up at work?

13

A.

No.

14

Q.

Did you ever ask to find out?

15

A.

No.

16

You -- you -- you are going to

never know what happens, who is doing what.

17

Q.

All right.

18

A.

No.

19

Q.

Did you ask?

20

A.

Well, I kind of knew, but it is best not

21

Did --

Did you try to find out?

to know some of those things.

22

Q.

So, who do you think did that?

23

A.

Might have been David Mendel.

24

Q.

And why do you think that it might have

25

been David Mendel?

Page 48
1

MS. HUNT:

2
3

Objection.

Calls for speculation.

He said he does not know.

4

THE WITNESS:

5

I -- you know, and that is the best

6

I can remember.

7

EXAMINATION BY MR. McGOEY:

8

Q.

Did you ever ask David about it?

9

A.

No.

10

It was corrected.

It was taken down

11

before everybody got a chance to see it, but

12

everybody knew.

13
14

Q.

So, you felt stressed about being given

discipline for attendance?

15

A.

Not really.

16

Q.

Can we agree that a Motiva employee is

17

not supposed to sleep on the job?

18

A.

No employee should sleep on the job.

19

Q.

And can we agree that you were aware

20

that employees who slept on the job at Motiva

21

received discipline?

22

A.

Sometimes.

23

Q.

Isn't it true that you were caught

24

sleeping on the job at Motiva on several

25

occasions?

Page 49
1

A.

No.

2

Q.

Were you ever caught sleeping on the job

3

at Motiva?

4

A.

No.

5

Q.

So, it is your testimony that you were

6

never --

7

MS. HUNT:

8

Objection.

9

MR. McGOEY:

10

-- found --

11

MS. HUNT:

12

Asked him -- asked and answered.

13

MR. McGOEY:

14
15
16
17

And I want to make absolutely sure.
EXAMINATION BY MR. McGOEY:
Q.

Is it your testimony that you never were

found sleeping on the job at Motiva?

18

A.

No.

19

Q.

No, that is not your testimony, or, no,

20

you were never caught?

21

MS. HUNT:

22
23
24
25

Objection.

Asked and answered.

EXAMINATION BY MR. McGOEY:
Q.

I just -- I want to understand your

answer to my question.

Page 50
1

A.

Yeah.

2

Q.

You want me to ask again?

3

A.

No, you don't need to.

4
5

I mean, it is up

to you.
Q.

Isn't it true that your fellow Union

6

members covered for you when you were caught

7

sleeping on several occasions?

8
9
10
11

A.

They couldn't cover for me no more than

they could cover for themselves.
Q.

So, let's talk about the three incidents

that are mentioned in your lawsuit.

12

And I am talking about the control box

13

in the shop, the Saran wrap of the truck, and

14

the goosing incident.

15

them.

16

Okay?

We will go through

We will go through them one at a time.
First of all, can we agree that they all

17

occurred in 2011 during a turnaround that was

18

going on towards the end of the year?

19

A.

Yes.

20

Q.

And -- and the turnaround only lasted,

21

what, a few weeks?

22

A.

It was seven weeks.

23

Q.

Okay.

24
25

And is that because there was a

turnaround and then a -- like a restart?
A.

Yes.

Page 51
1
2

Q.

And was -- was it all in October and

November of 2011?

3

A.

Yes.

4

Q.

Let's step back a minute from the

5

turnaround.

6
7

When you weren't in a turnaround
situation, what was your typical shift?

8

A.

7:00 to 3:30, I think.

9

Q.

Okay.

10

A.

Yes.

11

Q.

And you were a machinist?

12

A.

Yes.

13

Q.

And who was your supervisor?

14

A.

Clay Threadgill.

15

Q.

Okay.

7:00 a.m. to 3:30 p.m.?

And do you know -- going up the

16

chain of command, do you know who was above

17

Clay?

18

A.

Brandon Dufrene.

19

Q.

And how many other Motiva machinists

20

were there, roughly?

21

A.

Thirty.

22

Q.

Okay.

23

How many other African-American

machinists were there?

24

A.

One, I think.

25

Q.

And who was that?

Page 52
1

A.

Ivory Brown.

2

Q.

And the shop, where was the shop?

3

A.

Since the shop is right in the middle of

4

the Shell facility, right in the center, central

5

-- it is centrally located where you can branch

6

out to all the units.

7

Q.

All right.

So the shop you -- the

8

machinists worked in was called the Central

9

Shop?

10

A.

Right.

11

Q.

Did you have any problems with what you

12

believed to be the discrimination before this

13

turnaround in October of 2011?

14

A.

Yes.

15

Q.

All right.

Had you ever reported any

16

problem with something that you believe to be

17

discrimination before this turnaround in October

18

of 2011?

19

A.

No.

20

Q.

Why not?

21

A.

I wanted the job.

22

Q.

So what -- what had you experienced

23

before this turnaround in October 2011, that you

24

considered to be discrimination?

25

A.

The ability to get work.

To move around

Page 53
1

to get work.

The type of jobs that I was given

2

versus the type of jobs the white employees were

3

given.

4

It is, you know, you are there for a

5

specific task to do the things that we don't

6

want to do.

7

difficult jobs.

8

is -- that became your baby.

9

-- that is what you are here to take care of.

The undesirable jobs.

The tough

And that is -- you know, that
That is what you

10

Q.

And you didn't think that was right?

11

A.

Well, it was -- it was right to a

12

certain extent.

It was -- you know, it was

13

right, but it was a lot of other things.

14

Q.

15

report it?

16

A.

You are blackballed.

17

Q.

Did you ever see something that you

18
19
20

Why did you believe that you shouldn't

considered to be blackballing?
A.

Yes.

It gets worse.

Don't get any

better if you report something.

21

Q.

Did you ever try to report anything?

22

A.

I talked to the -- I talked to the --

23

about it to -- to the Union steward.

24

Union people.

25

Q.

To the

Did you ever talk to Motiva's HR

Page 54
1

department prior to this turnaround in October

2

of 2011?

3

A.

4

department.

5

Q.

6

9
10

It was Shell's HR department.

Did you ever talk to the HR department

prior to October of 2011?

7
8

Motiva -- Motiva didn't have an HR

A.

No.

Nothing about it.

But just the --

Q.

You had been doing machinist work going

no.

all the way back to the mid '70s, correct?

11

A.

Yes.

12

Q.

And at various places where you have

13

worked, have the employees played pranks on each

14

other?

15

A.

16
17
18
19

Yes, but not to the extent that I

experienced it out there.
Q.

Okay.

And we can -- we will talk about

that some more.
But you did experience pranks and see

20

employees committing pranks with each other at

21

the other companies you worked with before you

22

came to Norco?

23
24
25

MS. HUNT:
Objection.
MR. McGOEY:

Relevance.

Page 55
1

You can answer.

2

THE WITNESS:

3
4
5

Yeah, I seen it before.
EXAMINATION BY MR. McGOEY:
Q.

When you were with Shell Chemical, and

6

later with Motiva in Norco, didn't you

7

participate in pranks in the Central Shop?

8

A.

No.

9

Q.

Is it your testimony that you never

10

participated in any prank in the Central Shop?

11

MS. HUNT:

12
13

Objection.

Asked and answered.

EXAMINATION BY MR. McGOEY:

14

Q.

Do you understand my question?

15

A.

Yeah.

16

No, I didn't participate in that.

17

Q.

Did you laugh at pranks?

18

A.

No.

19

Q.

Never?

20

A.

No.

21

Q.

Were the pranks against male employees

22

and female employees and white employees and

23

black employees?

24

A.

What pranks are you referencing to?

25

Q.

So, we are talking about the timeframe

Page 56
1

when you were at Norco in the Central Shop.

2

Didn't you see pranks played on male employees,

3

female employees, white employee and black

4

employees?

5

A.

No.

6

Q.

Okay.

7

played on?

8

A.

9
10
11
12

Who?

So, who do you claim pranks were

You -- you -- you mentioned a

whole group of people.

A whole group.

There

wasn't no female employees.
Q.

Okay.

Fair enough.

So let me rephrase

the question.

13

When you were at Norco, did you see

14

pranks in the Central Shop played on both white

15

employees and black employees?

16

A.

Not on -- no black employees.

17

Q.

Just on white employees?

18

A.

Right.

19
20
21

It wasn't -- it was very few

black employees.
Q.

So, most of the pranks were played on

white employees?

22

A.

As far as I know, yes.

23

Q.

So when we talk about a turnaround, what

24
25

is that?
A.

Well, they shut a unit down and repair

Page 57
1

the things that -- that is wrong that they

2

couldn't fix while it was running.

3
4

Q.

And it is a -- it is a temporary thing,

correct?

5

A.

Exactly.

6

Q.

And the work during a turnaround is done

7

24 hours a day, right?

8

A.

Yes.

9

Q.

And there is a lot of repair type stuff

10

going on all over the unit?

11

A.

Yes.

12

Q.

And there is a change to the shifts for

13

machinists who work the turnaround?

14

A.

Yes.

15

Q.

So, a turnaround shift is a 12-hour

16

shift, correct?

17

A.

Yes.

18

Q.

And it is normally from 7:00 a.m. to

19

Yes.

7:00 p.m., or vice versa?

20

A.

Right.

21

Q.

The night shift on a turnaround is 7p to

23

A.

Exactly.

24

Q.

When is lunch, if you are working a

22

25

7a?

turnaround night shift?

Page 58
1

A.

2

12:00.

3

Q.

4

Somewhere around mid shift, 11:30,

So 11:30 p.m. or midnight is when you

normally have lunch?

5

A.

Right.

6

Q.

And is it fair to say that in October of

7

2011, you volunteered to work the night shift

8

during the turnaround?

9

A.

That whole turnaround night shift was

10

volunteers.

11

Q.

We were all volunteers.

Okay.

And -- and you chose to work that

12

shift because it created a lot of opportunity

13

for overtime, correct?

14

A.

Right.

15

Q.

Which would mean extra money?

16

A.

Right.

17

Q.

And does the word "restart" mean

18

anything to you?

19

A.

Huh?

20

Q.

Does the word "restart" mean anything to

21

you?

22

A.

Yes.

23

Q.

What does that mean?

24

A.

That means when they are getting ready

25

to start the unit back up.

Page 59
1

Q.

After the turnaround?

2

A.

Is complete.

3

Q.

Okay.

4

And they do the same two 12-hour

shifts?

5

A.

Yes.

6

Q.

And the night shift is still 7p to 7a?

7

A.

Yes.

8

Q.

And you volunteered for the restart in

9

November of 2011, correct?

10

A.

Yes.

11

Q.

Who was your supervisor during the

12

turnaround and the restart in October and

13

November of 2011?

14

A.

They had David Mendel as a leadman.

15

They had George Kestler, the supervisor.

16

had Matt Louque as the inspector with the --

17

Matt Louque, a/k/a Psycho.

18
19

Q.

They

Let's go ahead and talk about Matt for a

minute while Matt's name is on the table.

20

You had been working -- as of 2011, you

21

had been working with Matt for several years,

22

correct?

23

A.

Well, a couple of years, yeah.

24

Q.

And you all were pretty close, weren't

25

you?

Page 60
1

A.

Yeah, we were.

And when we got a chance

2

to work together, we worked together well.

3

got the job done.

4
5

Q.

We

You never had any problems with Matt

before this turnaround in October of 2011 --

6

A.

No.

7

Q.

-- had you?

8

A.

Him or -- nor his daddy.

9

Q.

All right.

10

A.

His dad, the same age I am, worked in

11

that same Central Shop.

12

Q.

What is his dad's first name?

13

A.

I don't know.

14
15

might have been David.
Q.

I don't remember.

It

I am not sure.

You referred to David Mendel as the

16

leadman.

What was -- what was David's job

17

before the turnaround?

18

A.

He was a machinist.

19

Q.

So, he was a member of the Union

20

Bargaining Unit just like you?

21

A.

Yes.

22

Q.

Did the same job as you?

23

A.

Yes.

I -- I -- I recall he was in

24

Safety at one time, too.

25

position at one time.

He did have a safety

Page 61
1
2

Q.

Okay.

And George Kestler had been a

machinist for many years, right?

3

A.

Yeah.

4

Q.

But he had -- he had become a Staff

5

employee before this turnaround, right?

6

A.

Right.

7

Q.

So Staff employees are not in the Union

8

anymore?

9

A.

I don't know if they are or not.

10

Q.

Fair enough.

11

And who was over Kestler on the

12

turnaround?

13

A.

That might have been --

14

Q.

Was it Perry Munce?

15

A.

Yes.

16

Q.

And what was Perry's job before the

17

turnaround?

18

some sort, right?

19

A.

Yes.

Do you know?

Right.

He was a manager of

He is some -- some cush job in a

20

little cush office in the back.

21

didn't handle nothing.

22

Q.

Yeah.

He

So on this turnaround in October and

23

November of 2011, you were paired with another

24

machinist?

25

A.

Right.

Page 62
1

Q.

His name is Bill LeBoeuf?

2

A.

Exactly.

3

Q.

And you guys worked together every

4

night?

5

A.

For the turnaround.

6

Q.

Correct.

And you, basically, were

7

supposed to stay together and work as a pair

8

throughout the shift, right?

9

A.

Right.

10

Q.

And be in communication with each other

11

throughout the shift?

12

A.

Yes.

13

Q.

Did you get along with Bill LeBoeuf?

14

A.

Yes.

15

Q.

Ever have any problems with Bill

16

LeBoeuf?

17

A.

No.

18

Q.

He is Caucasian?

19

A.

Yes.

20

Q.

Did you carry a radio during the

21

turnaround?

22

A.

Yes.

23

Q.

Isn't it true that on the night shift on

24

October 18 of 2011, during this turnaround you

25

could not be found for six hours?

Page 63
1

A.

That is not true.

2

Q.

Okay.

Do you recall any situation where

3

a supervisor talked to you during the turnaround

4

about being missing and no one being able to

5

find you?

6

A.

Yes.

7

Q.

Tell me about that.

8

A.

Perry Munce.

9
10

And it wasn't about being

missing, nobody could ever find me.
He was covering for George because

11

George had already hit me with that control box

12

to that crane.

13

And they called me into a private

14

meeting, and that is when I got the backlash,

15

the racist slurs, and the F-bomb, and this

16

cussing out.

17

And then no witness, but them two.

And he was trying to divert George

18

hitting me with that crane making an issue out

19

of -- what is that word he used?

20

Accountability.

21

But the accountability was with that

22

crane incident.

And he was covering for George

23

with a -- with them both.

24

the office on the radio saying, "We need to talk

25

to you."

They called me into

Page 64
1

But I got in there, and it was a

2

tongue-lashing with no Union representation.

3

Nobody in there, but him.

4

what was happening, but me, him and George.

5
6

Q.

Nobody to witness

And -- and you are saying that that

occurred after the crane box?

7

A.

Right.

8

Q.

All right.

9
10

So we are going to -- we

will come to that -- we will come back to that
in a couple of minutes.

11

A.

They was covering for George.

12

Q.

Did you use a truck inside the refinery?

13

A.

Yes.

14

Q.

Company truck?

15

A.

Shell's truck.

16

Q.

Not your personal truck?

17

A.

No.

18

Q.

Is it your opinion that if it was

19

Shell's truck, that means you were a Shell

20

employee?

21

A.

Yes.

22

Q.

No matter who sent you your paycheck?

23

A.

No matter who.

24

Q.

Did you have a truck that was assigned

25

to Newton McNealy?

Page 65
1

A.

No.

2

Q.

It was a truck available for --

3

A.

Anybody to use.

4

Q.

And when would you have a need for a

5

truck?

6

A.

To come in and out of the plant, to go

7

pick up materials to bring to the unit, to just

8

use in there to get from one Point A to Point B

9

depending on what was happening.

10
11

Q.

So where are the keys for the truck

kept?

12

A.

Always in the ignition.

13

Q.

And was there one particular truck

14
15

available to machinists?
A.

There was several different trucks,

16

especially on nights.

17

available to everybody.

18
19
20
21
22

Q.

All the trucks were

So where would the trucks normally be

parked in relation to the Central Shop?
A.

In the front of the Central Shop, down

the side of it.
Q.

So let's talk about the crane box.

Are

23

you able to pinpoint a specific day when the

24

crane box incident happened?

25

A.

Time stopped for me at that moment.

It

Page 66
1

-- it -- you know, you go to work on the fourth,

2

you get off on the fifth.

3

days in one shift.

4

You are working two

And I can't -- I really can't pinpoint

5

the exact day, but it was somewhere -- but I

6

know it happened after the first of -- of -- a

7

couple of days after the first, at least.

8

Q.

Of what month?

9

A.

November.

10

Q.

Okay.

11

A.

Of 2011.

12

Q.

Do you know what day of the week it was?

13

A.

Like I said, as far as I can recall, it

14

Of 2011?

was two days encompassed in one shift.

15

I don't -- and then working Saturday and

16

Sunday and all -- all those days were the same.

17

I couldn't tell what day of the week.

18

Q.

19

Fair enough.
Can you tell me what time it was in the

20

shift?

21

A.

Yes.

22

Q.

p.m.?

23

A.

p.m.

24

Q.

What had you been doing earlier in that

25

shift?

It was -- it was around 11:15.

Page 67
1

A.

2

compressor.

3

they probably weigh 40 pounds each.

4

I was loading -- unloading valves for a
Forty valves.

At least 40, and

Getting them out of a crate, putting

5

them on the table.

6

Repetitious.

7

timed the exact moment when I would be coming

8

up.

9

Out of the crate.

Out of the crate.

And -- and they

They watch -- they was standing there

10

watching me unload this.

11

David Mendel -- no, not David Mendel -- Matt

12

Louque, Psycho; and Pat Meche.

13

my movements.

14

The three: George;

And they timed

And when I raise up, you know, after I

15

probably had unloaded half of them or more than

16

half of them -- because it was just like

17

repetitious.

18

Same movement.

19

ready to be put into the equipment.

20

And they timed it.

The same thing over and over.
Stacking them.

Getting them

And only thing I

21

know is that, you know, something just -- I just

22

heard something, boom, it bust me upside the

23

head.

24

Q.

So, you are inside the Central Shop?

25

A.

Yes.

Page 68
1

Q.

And you are saying that George Kestler,

2

Pat Meche, and Matt Louque were also inside the

3

Central Shop with you?

4

A.

Right.

5

Q.

Anybody else?

6

A.

All the Sulzer employees, because they

7

were waiting on what I was doing to install it.

8

Q.

Okay.

9

A.

Sulzer is a contractor, compressor

10

company that was -- that was doing the work.

11

Six to 12 guys was standing up against the wall

12

waiting.

13
14
15

Q.

Do you know the names of any of these

contractors?
A.

I know one of them is named Richard.

16

The first name Richard, but I didn't get to know

17

any others.

18

Q.

So where -- where were you in relation

19

to -- let's talk about the crane box.

20

box hangs down from overhead?

21

A.

Yes.

22

Q.

Is it on a rope?

The crane

23

it on an electrical line?

24

Is it on a cord?

Is

does it hang?

25

A.

What -- what -- how

It is -- it is -- it is -- it is hung --

Page 69
1

it has got a cable -- a small cable.

2

Quarter-inch cable.

3

A five-eight-inch of diameter wire with all the

4

control wires in it.

5

Maybe a three-quarter inch.

And it is a box about -- I don't know.

6

It is 16, 18 inches long by four inches square.

7

It is a big box.

8

Q.

Is it plastic?

9

A.

It may be hard plastic.

10

Q.

And how -- how close to the ground does

11

it hang down?

12

A.

I don't know.

13

Q.

Does it hang down to eye height?

14
15
16
17
18

Maybe a -Does

it hang down to waist height?
A.

Maybe waist height if you just -- if you

are standing up.
Q.

Okay.

I mean, it definitely does not

hang all the way down to the ground?

19

A.

Oh, definitely not.

20

Q.

Okay.

So where -- when you were

21

unloading the valves, where was the box in

22

relation to where you were?

23

A.

Behind me.

24

Q.

And where was Kestler?

25

A.

All of the people was just in the

Page 70
1
2

perimeter in the circumference of me.
Q.

Okay.

I want to figure out where they

3

were in relation to you.

4

front, back, left, right.

5
6
7
8

So I want to know

So let's talk about Kestler.

Where was

Kestler compared to you?
A.

Kestler was probably from me --

to the

videoman from me.

9

Q.

To the end of this table?

10

A.

Yes.

11

Q.

And you think this table -- I mean, what

12

is your best estimate of the length of the

13

table?

14

A.

Twelve feet.

15

Q.

Okay.

16
17
18
19
20
21

Where was the -- Pat Meche in

relation to you?
A.

He was right there (indicating).

All

three of them were standing there together.
Q.

So all three of them were about 12 feet

away and to your -A.

I say it had to be a 90-degree to the

22

right or to the left of me at a straight --

23

straight on.

24

picking up, putting it on the table, so --

25

Q.

Because I was coming over here

And what were they doing?

Page 71
1

A.

2

there.

3

Q.

Were you talking to them?

4

A.

No.

5

Q.

Did you see any of them touching the

6

crane box?

7

A.

No.

8

Q.

Did you have any idea that anybody was

9
10

Nothing.

Lollygagging.

Just standing

using the crane box?
A.

The crane -- the block was by me.

The

11

block is a big piece of metal.

12

standing -- it was right there by me, but it was

13

three or four foot over my head.

14
15

Q.

But it was

So, where does the box hang in relation

to the block?

16

A.

Right along with my -- along with it.

17

Q.

So, are you saying the box was closer to

18

you than it was to Mendel and Meche?

19

A.

No.

20

Q.

Okay.

21

I am saying the block.
So -- so how far away was the box

from you when you were unloading valves?

22

A.

The -- the block may have been --

23

Q.

I'm not talking about the block.

24
25

You

are saying the block was right over your head?
A.

Yeah.

Page 72
1

Q.

Correct?

2

A.

Right.

3

Q.

The box.

4

Where was the box in relation

to you?

5

A.

Maybe three feet away.

6

Q.

The box was closer to you than it was to

7

the three guys?

8

A.

Exactly.

9

Q.

Okay.

Did you see any of the three guys

10

make a move toward the box before you say the

11

box hit you?

12

A.

No.

13

Q.

So until the -- until the time when you

14

say the box hit you, you have no idea that

15

anybody is touching the box or that it is

16

moving?

17

A.

Exactly.

18

Q.

Okay.

19
20
21
22

So, to this day, you don't know

which of them touched the box, do you?
A.

I didn't see.

I didn't see who -- who

touched -- who -- who -- who let it go.
Q.

So, how can you say that somebody was

23

timing up the movements that you were making, if

24

you didn't even see somebody touch the box?

25

A.

It is simple.

It don't -- it -- it

Page 73
1

ain't going -- it -- it -- that had to be timed

2

exactly for it to happen that way.

3

knew exactly when to let it go after they grab

4

-- you know, moved it.

5

Q.

Who is "they?"

6

A.

One of the three guys.

7

Q.

Okay.

And they

So, you think it was one of the

8

three, but you can't say which one it was,

9

right?

10

A.

No.

Sulzer will be able to tell you.

11

They -- they saw it from a distance.

12

exactly who did it.

13
14

Q.

They know

So, did you ever talk to any of those

contractors about it?

15

A.

Yes.

16

Q.

Who did you talk to?

17

A.

One of them.

18

Q.

What did he tell you?

19

I don't remember his name.
Was it a he or a

she?

20

A.

It was a he.

21

Q.

What did he tell you?

22

A.

He said, "I saw what happened.

23

I saw

exactly what happened, and it was intentional."

24

Q.

That is what the contractor told you?

25

A.

Yes.

Page 74
1

Q.

Did he tell you who it was?

2

A.

No.

3

Q.

Did he tell you why he thought it was

4
5

intentional, assuming that is what he thought?
A.

No.

He couldn't -- that was -- that was

6

from a distance I talked to him.

7

him.

8

you know, in passing.

9
10
11
12
13
14

I didn't meet

I don't remember who he was.

Q.

I didn't --

So, what part of your body came into

contact with the control box?
A.

When I was bending over, that thing bust

me in the top of my head.
Q.

So, will you -- will you point to the

spot on your head where it hit you?

15

A.

Right on the top (indicating).

16

Q.

Right on the top.

17

of the top?

18

A.

Exactly.

19

Q.

Do you think it was swinging at you from

20

Right in the middle

in front of you or from behind you?

21

A.

It had to be from in front.

22

Q.

What happened after it came into contact

23
24
25

with your head?
A.

I just grabbed my head and tried to get

out of harm's way.

I couldn't believe that they

Page 75
1

let it go.

I couldn't believe, you know -- I

2

just couldn't -- I was in disbelief.

3

Q.

Did it knock you off your feet?

4

A.

It knocked me back.

5

I didn't fall, but

it knocked me back.

6

Q.

Were you cut?

7

A.

No.

8

Q.

Did you have a bump?

9

A.

Yes.

10

Q.

Did you say anything to anybody when

11
12

this happened?
A.

All I could do was think about just get

13

out of harm's way.

14

happened.

15

Q.

16

I couldn't believe that it

I -- I was in disbelief.

Did you look at any -- did you look at

Meche, Kestler, and Louque after it happened?

17

A.

No.

18

Q.

Did you talk to any of those three guys?

19

A.

No.

20

Q.

Did you ask anybody, "Hey, who did

21

that?"

22

A.

When that thing hit me, all I could hear

23

is one of the Sulzer contractor's saying, "Man,

24

if you need a -- I will be your witness, if you

25

need one."

Page 76
1

He hollered that from a distance.

And

2

all I wanted to do is just get out of harm's

3

way.

4
5

Q.

Did -- did Pat Meche say anything about

what happened with the control box?

6

A.

No.

No.

No.

7

Q.

Did George -- did George Kestler say

8

anything about what happened with the control

9

box?

10

A.

No.

11

Q.

Did Matt Louque say anything about what

12
13

happened with the control box?
A.

Matt Louque said, "Thank God it wasn't a

14

block."

Because it was a direct hit.

And they

15

could have very easily pulled the block back,

16

but it was three feet above my head.

17

Q.

Did Matt Louque say anything else?

18

A.

No.

19

Q.

Did anybody -- did any of the three guys

20

indicate to you who it was that might have moved

21

the box?

22

A.

No.

23

Q.

Did any of the three guys tell you that

24
25

the box was moved intentionally to hit you?
A.

No.

Page 77
1
2

Q.

Isn't it true that you laughed about the

incident when it happened?

3

A.

No.

4

Q.

Did you take any pictures of the box?

5

A.

No.

6

Q.

Did you take any pictures of the bump on

7

your head?

8

A.

No.

9

Q.

Did you report the bump to your

10

supervisor?

11

A.

12

crane go.

13

Q.

Okay.

14

A.

George Kestler.

15

Q.

So, you are claiming it was George

16

Kestler --

17

A.

That is who I heard that it was.

18

Q.

So, who told you that?

19

A.

I -- you know, I don't -- I don't

20

The supervisor was the one that let the

So, who are you talking about?

recall.

21

Q.

Did Kestler tell you that?

22

A.

No.

23

Q.

Did Meche tell you that?

24

A.

No.

25

Q.

Did Louque tell you that?

Page 78
1

A.

No.

2

Q.

There weren't any other Motiva employees

3

there?

4

A.

Yeah.

5

Q.

Were there?

6
7

Were there any other Motiva

or Shell employees that were there?
A.

I don't -- I am not -- I don't recall.

8

It could have been, but I don't recall anybody

9

else.

10

Q.

11

incident?

12

A.

No.

13

Q.

And how do you know that?

14

A.

Because of the way he reacted in that

15

Did you tell Perry Munce about this

But George and them did.

little spring -- that meeting he sprung on me.

16

Q.

Did you go to the medical office at the

17

refinery?

18

A.

The medical office shuts down at 4:00 in

19

the evening and don't open up until 8:00 the

20

next morning.

21

Q.

Did you reach out to the site

22

supervisor?

23

A.

No.

24

Q.

Why not?

25

A.

Listen.

Look, I had got hit upside the

Page 79
1

head.

2

four or five hours.

3

Q.

I was in and out of consciousness for
I didn't know what to do.

Can we agree that you were not knocked

4

unconscious when it happened, when the box came

5

into contact with your head?

6
7
8
9
10
11

A.

Yeah.

But it wasn't but about five

minutes after that, that I was out.
Q.

So, you are claiming that you weren't

knocked unconscious when you were hit, but you
became unconscious later?
A.

Well, I am just saying I was in and out.

12

I could -- I mean, it -- it was throbbing.

13

was hurting.

It

I don't know.

14

Q.

Did you put any ice on it?

15

A.

No.

16

Q.

Why not?

17

Isn't there a kitchen in

Central Shop?

18

A.

Yes, there is a kitchen in there.

19

Q.

And there is ice in there, right?

20

A.

Yeah.

21

Q.

Did you ask anybody to go get you ice?

22

A.

No.

23

Q.

Did you sit down in the shop to collect

24
25

your thoughts?
A.

No.

I sat down in that truck.

The only

Page 80
1

safe spot I had at that whole facility.

And if

2

I wasn't in that truck, I was going to be

3

harassed, humiliated, embarrassed, ashamed in

4

some way.

5

Q.

So, you had been working at this

6

refinery for five years.

And it is your

7

position that the only safe spot you had in the

8

refinery --

9

A.

Absolutely.

10

Q.

-- was inside the truck?

11

A.

Inside that truck.

12

Q.

Did you talk to anybody before you

Absolutely.

13

walked out of the building and went and got in

14

the truck?

15

A.

No.

16

Q.

Why not?

17

A.

There was nobody to talk to.

The people

18

that prep -- that did this were the people that

19

I would have to talk to about this.

20

MS. HUNT:

21
22

Objection.

Asked and answered.

EXAMINATION BY MR. McGOEY:

23

Q.

Did you not want to know what happened?

24

A.

Want to know?

25

Q.

Did you not want to know who did what

I knew what happened.

Page 81
1

you say they did?

2
3

A.

I already knew who did it.

You know, I

would suspect -- it had to be one of the three.

4

Matter of fact, all three of them did it

5

because all one of them had to do was say, "Hey,

6

watch out."

7

three of them were guilty of doing it because

8

they were standing there all three together.

9

I know if I had been one of the guys

And it wouldn't have happened.

All

10

standing there, I would have said, "Man, look

11

out.

12

out," you know.

13

from me and get it over there to a spot and just

14

-- and time it.

15

Watch out."

Q.

One little warning, "Watch

And they had to pull it away

And it was -- the box is only three feet

16

away from you and you didn't see anybody come up

17

and get it and -- and --

18

A.

No, I didn't see them move the box.

19

Q.

So, how did you decide which truck to go

A.

That is the truck that is right outside

20
21
22

to?

of the Central Shop door.

23

Q.

Did you eat lunch?

24

A.

No.

25

Q.

Did you ever eat at any time the rest of

Page 82
1

that shift?

2

A.

No.

3

Q.

What did you do when you got to the

4

truck?

5

A.

I sat down in there.

I thought I was

6

okay.

7

It is going to be lunch in a little bit.

8

going to go in there.

9

then for lunch.

10

I'm going to sit here for five minutes.
I'm

I'm going to deal with it

But it never came.

Five hours was just

11

like five minutes in and out of -- in and out of

12

awareness.

13

Q.

14

Okay.
MR. McGOEY:

15

We are about to run out of

16

videotape, so let me just try to wrap this part

17

up real quick.

18

EXAMINATION BY MR. McGOEY:

19
20

Q.

When you got to the truck, did you drive

it anywhere?

21

A.

No.

22

Q.

Okay.

23
24
25

All right.

MR. McGOEY:
Let's take a restroom break.
MS. HUNT:

Page 83
1

Yeah.

2

THE VIDEOGRAPHER:

3

This is the end of Tape 1.

4

We are now off the Record.

5

(Off the Record.)

6

11:09.

THE VIDEOGRAPHER:

7

This is the beginning of Tape 2.

8

We are now back on the Record.

9
10
11

And

the time is 11:27.
EXAMINATION BY MR. McGOEY:
Q.

So, Mr. McNealy, before the break, we

12

were talking about the crane control box

13

incident.

14

Do you recall having a meeting with

15

Brandon Dufrene, David Naquin, yourself, and

16

Wilton Ledet on the -- November the 10th of

17

2011?

18

A.

I kind of recall that, yes.

19

Q.

Okay.

20
21

So I want to go back for a

minute.
Can -- can you we agree that you did not

22

report the control box incident to either HR or

23

any manager prior to that meeting with Brandon

24

and David Naquin and Wilton on November the 10th

25

of 2011?

Page 84
1

A.

I will agree to that.

2

Q.

All right.

3

connected with the control box was a crime?

4

A.

5

timed.

6

Q.

7

Do you claim that anything

Yeah.

It was intentional.

It was

It was premeditated.
All right.

Do you think it was a

criminal act?

8

A.

Yes.

9

Q.

Did you report that to the police?

10

A.

I -- I -- no.

11
12

I didn't know.

I didn't

know it at that time.
Q.

Okay.

Well, what has changed that --

13

since that time, that makes you think it was a

14

crime?

15

A.

16

since then.

17

and all that.

18

pay off, cut all of that.

19

without medical insurance.

20

Q.

The way I have been treated by Shell
They are in control of the benefits
They cut the medical off, cut the
I was two years

Well, at whatever point that you decided

21

that something connected with the crane box was

22

criminal, did you go to the police then?

23
24
25

A.

No.

The one-year statute of limitation

was up.
Q.

Did you go to the medical facility

Page 85
1

onsite after the crane box incident, like the

2

next day?

3

A.

4
5

No.

They are not open during the hours

that I was there.
Q.

Did you seek medical attention for

6

anything associated with the crane box that

7

night, the next day from anywhere?

8

A.

Yes.

9

Q.

Where?

10

A.

The first place I stopped was at Dr.

11

Ravengi Reddy, because I was feeling some kind

12

of way about everything.

13

Q.

Dr. Reddy?

14

A.

Yes.

15

Q.

When do you think you went to see Dr.

16

Reddy?

17

A.

It might have been on the 10th or 11th.

18

Q.

Is that after the meeting with Brandon

19

Is that R-E-D-D-Y?

and David Naquin?

20

A.

Yes.

21

Q.

All right.

So between -- between the

22

control box incident and the meeting on November

23

10th, did you get any medical attention for your

24

head?

25

A.

Say that again.

Page 86
1

Q.

Between the control box incident,

2

whenever it was, and the day of November 10th,

3

2011, when you met with Brandon Dufrene and

4

David Naquin and Wilton Ledet, did you get any

5

medical attention for your head?

6
7

A.
bump.

I treated it myself.

I had a little

A little bo-bo on there.

8

Q.

What treatment did you -- did you do for

9

yourself?

10

A.

Well, just some Neosporin and -- and

11

just to treat it.

12

some liniment myself.

13

Q.

You know, treat it.

Rubbed

So, let's talk now about the Saran wrap

14

and the truck incident.

15

Okay?

You know what

I'm talking about?

16

A.

Yes.

17

Q.

What date do you believe that happened?

18

A.

Look, when I got -- when I walked to

19

that truck after being hit with that crane, it

20

was shortly after that that they wrapped up the

21

truck.

22

simultaneously with the lick with the crane.

23

Q.

So, the Saran wrap happened

So it -- it is your testimony that the

24

crane box and the Saran wrap happened on the

25

same shift?

Page 87
1

A.

Exactly.

2

Q.

Okay.

3

A.

I was in -- I was in and out.

In and

4

out of consciousness.

5

something, but I couldn't -- I couldn't -- I

6

didn't have the motor skills to respond.

7

Q.

I kind of heard

If -- if other -- if other witnesses

8

testified that the Saran wrap happened on a

9

completely different day, completely different

10

shift, are you saying that they are wrong?

11

MS. HUNT:

12

Objecting.

13

THE WITNESS:

14
15

Asked and answered.

Absolutely.

It happened immediately

after that.

16

That is the treatment that they gave

17

me.

They wrapped me up instead of saying,

18

"Look, are you all right?

19

don't pass out."

20

Don't go -- don't --

If somebody been hit upside the

21

head, you don't let them go to sleep.

22

if --

23

EXAMINATION BY MR. McGOEY:

24
25

Q.

If --

So, you remember getting in the truck

and cutting on the radio?

Page 88
1

A.

No.

2

Q.

Okay.

3
4

No, I didn't cut on nothing.
So tell me again what you did

when you got to the truck.
A.

I just sat down.

I said I'm going to

5

sit here for five minutes.

6

lunch.

7

to deal with this.

8
9

Q.

It is right before

I'm going to lunch, and then I'm going

So, you expected to go back into the

Control Shop within five minutes?

10

A.

Right.

11

Q.

And what is the next time that you were

12

aware?

13

A.

Completely aware, my phone was in my top

14

pocket and it -- it vibrated on my chest.

15

it was Steve Hernandez, and he was panicking.

16

"Man, you all right?

And

Man, Marty just

17

came -- Marty said clean that stuff up before

18

somebody sees -- sees that mess and all that."

19
20

He -- he didn't -- Marty didn't call
himself, but he got Steve to call.

21

Q.

So, Steve Hernandez was a member of the

22

Union?

23

A.

He is the Union Steward.

24

Q.

Okay.

25

A.

They both had cush jobs in the morning.

Page 89
1
2
3

Q.

You were familiar with him prior to this

day?
A.

Exactly.

He worked with me on -- on --

4

you know, for -- directly for about five years.

5

For the whole five years.

6

Q.

So, the phone vibrating is the first

7

thing you can remember after you got in the

8

truck immediately after the control box

9

incident?

10

A.

11

noise.

12

pulling.

13

No.

I -- I heard laughter.

I heard

I heard that two-foot shrink wrap

I didn't know what I was listening to,

14

and I couldn't respond.

15

It sounded like Pat Meche and George.

16

I heard the laughter.

And then -- and then somebody sprayed it

17

with shaving cream.

18

cream all over all the windows.

19

Q.

The same truck with shaving

So, you are saying that while you were

20

inside the truck, you were hearing the wrapping

21

going on?

22

A.

23

I was hearing laughter and all of that.

The wrapping.

I just couldn't respond.

24

Q.

Why couldn't you respond?

25

A.

I don't know.

I just -- my -- I was in

Page 90
1

and out of consciousness.

2

Q.

And who do you think you heard laughing?

3

A.

I think it was Pat Meche and George

4

Kestler.

5

Q.

And why do you think it was them?

6

A.

It just -- it is just from -- it was a

7

foggy night, and vaguely that is what I

8

remembers.

9

Pat Meche just kind of had a ball, and I

10

saw a white ball going round and round the

11

truck.

12

Q.

13
14
15
16
17

It looked like this ball.
So, you are actually telling us that you

saw people doing this?
A.

It is -- I didn't know if it was people

or aliens or whatever, because I was in and out.
Q.

So, how was -- do you have any pictures

of the truck?

18

A.

No.

19

Q.

You didn't take any pictures that night?

20

A.

I couldn't take pictures -- well, if I

21
22
23

did, it would be from inside the truck.
Q.

Okay.

Just from wherever, did you take

any pictures of the truck that night?

24

A.

No, I didn't.

25

Q.

Explain to us what part of the truck the

Page 91
1
2
3
4
5

Saran wrap was on.
A.

The part from the bumper, from the

bumper up to the door, up to the window.
Q.

Okay.

So, the Saran wrap was around the

truck front to back?

6

A.

All the way around.

7

Q.

And around the doors?

8

A.

And all the way around both doors.

9

Q.

But not over the top of the truck?

10

A.

No.

11

Q.

And not covering the windows?

12

A.

No.

13
14
15
16

The shaving cream covered the

windows.
Q.

Okay.

And how do you know it was

shaving cream?
A.

Because I had to clean it up.

I

17

couldn't -- I couldn't drive it.

18

couldn't go through -- the car wash is all

19

broken.

20

I mean, it

All kind of stuff, just trying to, you

21

know -- and I know it is on film.

22

got cameras everywhere.

23

got -- they got pictures of it.

24

them, but they do.

25

Q.

Shell, they

It is on film.

They

I don't have

Has anyone ever told you that they have

Page 92
1
2

pictures of the truck?
A.

I suspect that Sulzer had it because

3

they made them parade around it.

4

They made

Sulzer contractors.

5

Q.

Who is "they?"

6

A.

George.

7

Q.

How do you know that George supposedly

8
9
10

George Kestler.

made the contractors parade around the truck?
A.

Because he went back out there and told

them what he did -- what they did.

11

Q.

How do you know that?

12

A.

Because one of the -- from a distance,

13

one of the Sulzer contractors asked me, "Was you

14

in that truck?"

He saw the truck.

15

Q.

What is his name?

16

A.

I don't know.

17

Q.

Okay.

18

And you told him that you were

not in the truck, correct?

19

A.

To save face, yes, I did.

20

Q.

Okay.

So, when -- when you say that the

21

contractor asked you if you were in the truck,

22

you lied to him, right?

23
24
25

A.

No, I didn't lie to him.

tell him what he wanted to hear.
Q.

Did you --

I just didn't

Page 93
1
2

A.

He knew I was in that truck.

He knew I

was in there.

3

Q.

What you told him was false, correct?

4

A.

Yes.

To the question that he asked to

5

see that -- you know, I am just trying to save

6

face, end it, and end the confusion.

7
8
9
10
11

Q.

Why wouldn't you just admit that you

were in the truck?
A.

Why was that a big deal?

It wasn't none of them -- it wasn't

their concern at that time.
Q.

Isn't it true that you were sleeping in

12

the truck at the time that the truck was

13

wrapped?

14

MS. HUNT:

15
16

Objection as to the form of the
question.

17
18

He had been asked and answered.
MR. McGOEY:

19

Okay.

20

THE WITNESS:

21
22
23

You can call it -- you can call it
sleeping.

You can call it knocked out.
You can -- but I know where I was.

24

I was struggling in that truck.

25

suffocated in that truck.

I could have

Page 94
1

With that stuff around there, it was

2

the equivalent of a noose around my neck.

3

didn't know if I was breathing dead or alive in

4

there.

5

come back to find out.

6

EXAMINATION BY MR. McGOEY:

7
8
9

Q.

They

And they don't -- they wasn't going to

How long do you think the truck was

wrapped before you got out?
A.

The truck was wrapped from -- from 11:30

10

to 5:00.

11

Hernandez came in.

12
13

Q.

Whatever time Marty and Steve

How can you possibly know that if you

were unconscious?

14

A.

15

truck.

16

Q.

So --

17

A.

I didn't go anywhere else once I sat in

18

there.

19

it, unwrap it and wrap it back up.

20

Q.

Because I knew what time I sat in the

I can't get out of it and get back in

I'm -- I am asking you:

Do you think

21

you know how long you were in the truck after it

22

was wrapped?

23

A.

It was -- I was in and out of

24

consciousness.

I don't know exactly how long.

25

I know exactly -- from -- from my watch, I knew

Page 95
1
2
3

what time -- how long I had been in there.
Q.

Yeah.

I am not asking you how long you

were in the truck.

4

I am asking you:

5

the truck after it was wrapped?

6

I'm asking you:

7
8

A.

How long were you in
In other words,

When was the truck wrapped?

Oh, okay.

The truck had to be wrapped

up right after lunch.

A little bit after 12:00.

9

Q.

Why do you say that?

10

A.

Because that is kind of what time I -- I

11

saw them -- you know, I saw the movement.

12

heard the laughter.

13

I guess it was around that time.

It

14

wasn't long.

15

that five hours seemed like five minutes to me.

16

Q.

Okay.

I don't know.

I

It just -- it --

Can we agree that you don't know

17

how long you were in the truck while it was

18

wrapped?

19

A.

I know how long I was in the truck.

20

Q.

Okay.

21

Can we agree that you don't know

when the truck was wrapped?

22

A.

The truck was wrapped up around 12:30.

23

Q.

And what are you basing that on?

24

A.

I'm basing it on the movement that I

25

saw.

The movement that I saw.

Page 96
1

Q.

So, you are unconscious?

2

A.

I am in and out of consciousness.

3

Q.

Okay.

4

So when you saw movement, how did

you know what time it was?

5

A.

Because I had -- I knew I hadn't been in

6

there -- seemed like I had been in there maybe

7

10 minutes.

8

It was shortly after that.

9
10

Q.

But it was -- it was after lunch.

Are you telling us you checked your

watch when you saw the movement?

11

A.

12

awareness.

13

four or five hours after they -- it was wrapped

14

up.

15

Q.

No.

I just -- I had that much of an
But I know that nothing moved for

How can you possibly know that?

How do

16

you know whether it was wrapped at 12:15 a.m.

17

or 4:15 a.m.?

18
19

A.

I know it was wrapped -- it was wrapped

a long time.

I know that.

20

Q.

Who told you that?

21

A.

I know.

I can just tell.

I can just --

22

I know.

23

It was just -- it -- the air was thin.

24

it just -- it was sealed.

25

Q.

It was a lack of oxygen in that truck.

Well, you had the wind --

I mean,

Page 97
1

A.

The Saran wrap didn't have anything to

2

do with the windows.

3

up, though.

4

windows were up.

5
6

Q.

I know.

The windows were

It was -- it was chilly.

The

I mean, you could have put the windows

down at any time, if you wanted, right?

7

A.

Right.

8

Q.

Are you telling us you were conscious

9

enough to have a sense of when this was

10

happening, but not conscious enough to tell

11

people, "Hey, what are you all doing?" --

12

MS. HUNT:

13
14
15
16

Objection.
EXAMINATION BY MR. McGOEY:
Q.

--"Stop"?
MS. HUNT:

17
18

Asked and answered.
MR. McGOEY:

19
20

I absolutely have not asked that
question.

21

THE WITNESS:

22

Yeah.

23

MS. HUNT:

24
25

You did.

He said he was in and out

of consciousness, but depending on what time,

Page 98
1

when he was in, when he was out.

2

MS. RICHARD-SPENCER:

3
4

It is just a form objection.

He can

still answer it.

5

MS. HUNT:

6

Right.

7

THE WITNESS:

8

Yeah.

9

MS. RICHARD-SPENCER:

10

All right.

11

MS. HUNT:

12

I mean --

13

MS. RICHARD-SPENCER:

14

Her objection is noted.

15

MR. McGOEY:

16

All right.

17

THE WITNESS:

18

Yeah.

I sensed it was earlier right

19

around 12:00.

20

EXAMINATION BY MR. McGOEY:

21
22

Q.

You were able to get out of the truck by

yourself, correct?

23

A.

Yes.

24

Q.

You had a knife with you?

25

A.

Uh-huh.

Page 99
1
2

Q.

And you were able to push the door open

and then cut through the Saran wrap?

3

A.

Right.

4

Q.

And you cleaned the truck by yourself?

5

A.

Yeah.

6
7
8

I went there.
Q.

I had some help at the unit when
Somebody took out a fire hose.

Who -- who -- who was it that helped

you?

9

A.

One of the contractors.

10

Q.

What is their name?

11

A.

I don't remember.

12

Q.

Why did you clean the truck, if you

13

didn't think this was something that should have

14

happened?

15

A.

The same reason why I didn't go complain

16

and -- I am trying to stay gainfully employed at

17

all costs, even if it is to me.

18

cleaned it.

19

That is why I

To keep down confusion, to deal with it

20

as best as I could because I knew once I

21

reported these things, it was over with.

22

then they threatened me and told me, "If you

23

report it, don't use anybody's name."

24

Q.

Who told you that?

25

A.

Matt Louque.

And

Don't use names.

And that

Page 100
1

-- that -- the idea that no names were used made

2

them investigate even more.

3

Q.

Did you think at any time, "I'm going to

4

clean this truck and I am not going to report it

5

because if I do, they will know I was sleeping

6

in the truck"?

7

A.

I didn't never think that.

And I did

8

immediately go into that machine shop and report

9

it to Marty Poche, the Union president.

10

Q.

But he is a member of the Bargaining

11

Unit.

12

supervisor, is he?

13

A.

He is not a Company manager or

No.

But the Company manager or

14

supervisors are the ones that wrapped it up.

15

So, I definitely couldn't go to them.

16

Q.

So, who do you claim wrapped it up?

17

A.

George Kestler.

18

Q.

Okay.

19

A.

Right.

20

Q.

Did you go to the -- did you go to his

21
22
23
24
25

He has got a boss, right?

boss?
A.

His boss wasn't available.

His boss

wasn't there that -- then during those hours.
Q.

Did you make any effort to go see

George's boss?

Page 101
1
2

A.

Dufrene and David Naquin.

3
4

I went to -- that is -- that is Brandon

Q.

Perry Munce was there that night,

correct?

5

A.

6

with them.

7

Q.

8

Well, yeah.

Okay.

And Perry Munce was along

So, you think Perry was involved

in wrapping the truck?

9

A.

Perry -- Perry Munce was involved in the

10

stalking and the following me around and

11

creating a problem.

12

Q.

So, who stalked you?

13

A.

Perry Munce.

14

Q.

Anybody else?

15

A.

They all did.

16

to know where I was.

17

he?

18

Where is he?

George.

They all wanted

But Matt Louque, "Where is

Where?"

You know, and, see, the reason why, they

19

was all volunteers on that job, because there

20

was nothing to do.

21

the contractors.

22

It was all taken care of by

So if unless they needed something

23

delivered to them or brought to them or

24

something that came in, they didn't have to --

25

you know, the -- the Shell employees didn't have

Page 102
1
2

to touch anything.
Q.

So, was your mind set during this

3

turnaround, "Hey, there is not really going to

4

be much for me to have to do.

5

for a little while and nobody will know"?

6

A.

No.

No.

I can slip away

Slipping away was the only

7

safe option I had.

8

computer room.

9

hall.

I couldn't sit in that

I couldn't be in the dining

It was going to be something.

10

going to be something derogatory.

11

said.

It was

Something

Something done.

12

So I -- the -- the truck was the only

13

safe place I had at night over there.

14

different in the daytime because you had more

15

people.

16
17

Q.

It was

Can we agree that in connection with the

truck being wrapped, nobody touched you?

18

A.

When?

19

Q.

When the truck was being wrapped, did

20

anybody, who you think was involved in that,

21

touch you?

22

A.

23

truck.

24

Q.

25

No.

They didn't open the door to the

Okay.

Did you talk to Kestler about

whether he wrapped the truck?

Page 103
1

A.

Kestler looked at me with hatred in his

2

eyes.

3

of hatred.

4

to him about anything.

5
6
7
8
9
10

Q.

It was a special kind of -- special kind
There was no way I could have talked

And what was it in his eyes that you

interpreted to be hatred?
A.

You can see it.

look at them.
Q.

You can see it when you

When they look at you.

Did you talk to Pat Meche about whether

he wrapped the truck?

11

A.

No.

12

Q.

Did you seek any medical treatment in

13

connection with being wrapped in the truck

14

before the meeting with Brandon Dufrene and

15

David Naquin on November the 10th of 2011?

16

MS. HUNT:

17

Objection.

Asked and answered.

18

THE WITNESS:

19

No.

20

EXAMINATION BY MR. McGOEY:

21

Q.

Did you go into the shop after the Saran

22

wrap incident and tell the guys, "Your playing

23

days are over"?

24

A.

No.

25

Q.

Wasn't there an occasion after the shift

Page 104
1

where the truck was wrapped that you were caught

2

sleeping on the job?

3

A.

No.

4

Q.

Have you ever seen trucks wrapped

5

before?

6

A.

Never.

7

Q.

Why do you think the truck was wrapped?

8

MS. HUNT:

9

Objection.

10

Calls for speculation.

THE WITNESS:

11

You want to know the -- the real

12

reason is because of hatred.

13

EXAMINATION BY MR. McGOEY:

14

Q.

You don't think it is because they were

15

trying to send you a message that you couldn't

16

sleep at work anymore?

17

A.

I am coherent.

I can understand.

18

can talk to me.

19

-- just like everybody else.

20

I'm grown.

You

I'm a man just like

You want to send me a message, just tell

21

me.

22

that he -- that is humiliation and embarrass --

23

they was after basic human dignity.

24
25

That is hatred.

Q.

That is one -- that is one

Hadn't they told you before this

occasion that you were disappearing and they

Page 105
1

needed to know where you were and you needed to

2

stay in touch?

3

A.

I --

4

Q.

Hadn't that already been communicated to

5

you?

6

A.

7

that truck.

8

would be.

9

knew to wrap it up.

10

That -- that -- they knew where I was in
If they needed me, that is where I

They knew that.

That is why they

I wasn't hard to find.

I wasn't

11

elusive.

12

That is the label they wanted to put on me,

13

appear and disappear at will.

14

magical powers.

15
16

Q.

I am not Houdini that I can disappear.

I ain't got no

Did you report the Saran wrap incident

to the police?

17

A.

No.

18

Q.

All right.

19

incident.

20

A.

Oh, my goodness.

21

Q.

So, the lawsuit calls it sodomy.

Let's talk about the goosing

22

does -- what does sodomy mean to you?

23

What

that word mean?

24
25

A.
act.

What does

That is some kind of same-sex sexual

Page 106
1

Q.

Okay.

All right.

Are you able to

2

pinpoint the date when the goosing incident

3

happened?

4

A.

5

All of that was to try to erase the

crane and the truck.

It had to be the next day.

6

Q.

What time was it in the shift?

7

A.

Early.

8

Q.

Were you in the shop?

9

A.

Absolutely not.

10

Q.

Where were you at that point in time?

11

A.

It is -- I was on a pump.

12

Like 9:30 or 10:00.

will never forget it.

The number, I

1940.

13

Q.

Where is -- what unit is that in?

14

A.

Hydro, I believe.

15

Q.

What were you doing in that area?

16

A.

Repairing a -- re -- re -- reconnecting

17

a pump and motor.

The pump is about as long as

18

this room, and the motor is also.

19

between them two coupling them together.

20

Putting them together.

And I was in

21

Q.

Who were you working with?

22

A.

At that time, I was working with a --

23

man, it is --

24

Q.

Was it Bill LeBoeuf?

25

A.

No indeed.

It was a -- golly.

I will

Page 107
1

come back.

I will remember his name.

2

Q.

All right.

3

A.

Yes.

4

Q.

Can you describe how he looks?

5

A.

Slender guy.

6

White.

7

Q.

8

this guy?

9

A.

Was it a machinist?

Maybe 50 years old.

Anybody else in the area besides you and

Yeah.

At the time of the incident, he

10

had just went to the truck.

11

follow right after him, but I had to just push

12

the motor back on max center.

13

And I was going to

And it took everything prying and

14

pushing and -- to move it back so we could put

15

the spool piece in between there to couple them

16

together.

17

But there was a -- Bud Becnel right down

18

there.

Bill LeBoeuf was right there.

19

they didn't see it, but they saw it.

20

Q.
A.

They are all machinists.

22

Q.

Okay.

It --

What is Bud Becnel's job?

21

They said

23
24
25

So Bud Becnel, Bill LeBoeuf.

Anybody else?
A.

David Mendel was right with Matt Louque.

There was another occasion where either one of

Page 108
1

them could have said, "Watch out."

2

"Watch your back.

3

And I would have known they were behind me or

4

they were approaching me.

5
6
7
8
9
10
11

Q.

You know,

Newton, watch your back."

Did you even -- so, you were not working

with Matt Louque or David Mendel?
A.

No.

Matt Louque was the inspector.

David Mendel was the lead person.
Q.

Did you even know they were in the area

before this incident happened?
A.

No.

I didn't even know they were in the

12

area.

They came up on the south side.

13

facing north.

14

Q.

15

behind you?

16

A.

Exactly.

17

Q.

You are -- it is in November.

18
19

Okay.

I am

So, you are saying they came up

You are

wearing -- you are wearing pants, right?
A.

Well, yeah.

A jumpsuit.

Yeah.

The

20

same kind -- well, he got on pants and a shirt.

21

That is a jumpsuit.

22
23

MR. PRESTON:
Jumpsuit.

24

THE WITNESS:

25

Yeah.

That same jumpsuit.

Page 109
1

EXAMINATION BY MR. McGOEY:

2

Q.

Blues?

3

A.

Yeah.

4

Q.

Okay.

5

the blues?

6

A.

Yeah.

7

Q.

Did you have pants on underneath the

8

blues?

9

A.

No, I didn't have pants on.

10

Q.

Okay.

11

You had underwear on underneath

Did Matt Louque or David Mendel

puts their hands on you?

12

A.

No.

13

Q.

Was anybody holding you down?

14

A.

No.

15

Q.

What was -- what were you doing when

16

something made contact with you?

17

A.

18

Back away.

19

between it.

20

Q.

Were you standing up?

21

A.

Yes.

22

Q.

Okay.

23

A.

Bending over.

24

Q.

Well, those are two different things.

25

Pushing that motor back on max center.
So the spool piece will go in

So what -- when -- what do you think you

Page 110
1

were doing?

2

A.

I was bending over.

I was bent over

3

with -- using my legs and my hands to push it.

4

Thighs and all the strength I had to push that

5

thing back.

6

Q.

And --

7

A.

Rotate it and push it back at the same

8

time.

9

Q.

And what happened?

10

A.

Came up behind me with that radio

11

antenna and rammed it and then wiggled it like

12

he -- I didn't know it was a radio antenna.

13

felt like somebody's finger or somebody's hand

14

or a piece of pipe or something.

15

and drug it up the crack of my behind.

16
17
18

Q.

It

And wiggled it

So, why do you say it was a radio

antenna?
A.

Because he told me later.

I say, "Man,

19

why you messing around with your -- your

20

finger?"

21

That was this radio antenna."

He said, "That wasn't my finger, man.

22

Q.

Who told you that?

23

A.

Matt Louque.

24

Q.

And where were you when he told you

25

that?

Page 111
1

A.

Central Shop.

2

Q.

Okay.

Did he show it to you?

3

A.

Yeah.

He -- we all carried a radio.

4

The same radio.

5

Q.

So, it was actually attached to a radio?

6

A.

Exactly.

It is the little rubber part

7

that is three or four inches above the radio.

8

Above the -- the radio.

9
10

Q.

Okay.

So, a rubber antenna about three

or four inches long?

11

A.

Exactly.

12

Q.

It didn't go through the blues, did it?

13

It didn't make a hole in your coveralls, did it?

14

A.

Thank God it didn't.

15

Q.

It didn't make a hole in your underwear?

16

A.

No.

17

Q.

Are you saying there was penetration of

18

your anus?

19

A.

No.

20

Q.

Did you -- so -- so what did -- what did

21

you do?

How did you react at the time?

22

A.

Other than I -- un -- in utterly

23

unbelief.

24

earlier, we work together.

25

that.

You know, he -- like you said
He know I don't play

Page 112
1

But it is something that had happened

2

to -- to be done to cover for George and the

3

rest of all of the other stuff that happened.

4

It had to be done.

5

diversion.

6

Q.

Why do you believe that?

7

A.

Because it did -- they work in unison.

8
9
10

It is a distraction.

A

All of them work together.
Q.

Do you have any reason to believe that

Matt Louque talked to George Kestler about --

11

A.

Well, they talk --

12

Q.

-- goosing you?

13

A.

-- all the time.

14
15

They -- that is the

good ol' boy network.
Q.

But -- but listen to me.

I mean, do you

16

-- do you have any reason to believe they talked

17

about this specific incident and -- and planning

18

for Matt to do this to you?

19

Do you follow my question?

20

A.

It was all premeditated.

21

Q.

Why do you say it was premeditated?

22

A.

Because of the way -- the way he

23

reacted.

24

Q.

25

happened?

Yes.

He never -- it never went that way.

So -- so what did you do after it

Page 113
1
2

A.

Jonas Bourgeois is the guy that I was

working with.

3

Q.

So, he --

4

A.

I went to that truck and -- and -- and

5

-- and -- and tried to explain to him what just

6

took place and tried to get some directions,

7

"Man, I can't believe these people just did that

8

to me."

9

Q.

And he -- he was in disbelief, too.
When it -- when it happened did you

10

reach around behind you to figure out what was

11

going on?

12

A.

13

behind me.

14

there.

15

in any kind of way, it could have been a murder.

16

It could have been a killing.

17

I just jumped up and he -- and he was
There are all kind of pipes back

If I would have pushed him, touched him

I didn't -- I didn't lay my hands, but I

18

did get in his face.

19

be out of your mind to try that."

20

Q.

21

that with?

22

A.

I said, "Man, you got to

And that was Matt Louque that you did

Right.

And David Mendel is standing

23

right there beside him.

And they -- and David

24

Mendel is just as guilty because all he had to

25

do is say, "Newton, watch out."

The same thing

Page 114
1
2
3
4

with the crane.
Q.

So, they planned all of this.

So, how did you get from there to the

shop when you say you talked to Matt?
A.

Jonas Bourgeois was driving the truck.

5

He was waiting on me to come on back.

6

had to push that thing back just a little bit

7

before we left.

8
9

I just

And he had already went to the truck.
It is just a few seconds -- a few seconds

10

longer, and I wouldn't have even been there.

11

And there is no way you can come up on the south

12

side of 1940.

13

pipe to get to me.

14

He had to come through a maze of
A whole maze.

And then that boy Becnel -- Bud Becnel

15

and Bill LeBoeuf was working down that low.

16

They could have warned me.

17

what happened.

It is all premeditated, planned

18

and executed.

They knew he -- knew what he was

19

going to do.

20

They was -- they saw

It was premeditated.

And then -- and then -- and then bending

21

over the -- in the position it ain't -- it

22

wasn't necessarily my anus, but the ball is

23

right there where he jabbed that thing in there.

24

That is the way the probe came at.

25

some issues I got with that.

And there is

Page 115
1
2

Q.

So, did you report that incident to the

police?

3

A.

Man, just like everything else, you

4

don't know your rights.

5

saw it, you don't know -- I don't know what to

6

do.

7

keep a job.

8

employed.

9

Q.

Did you go to the doctor that night?

10

A.

No.

11

Q.

Did you go to the doctor the next day?

12

A.

It may have been the day after.

13

Q.

Which doctor?

14

A.

Dr. Caro or maybe Dr. Rich -- Ravengi

15

Reddy.

16

Q.

17

And the way the police

You don't know what to do.

I'm trying to

I am trying to keep peace and stay

I told Dr. Caro what happened.
Okay.

Reddy is -- Reddy is a

psychologist or psychiatrist?

18

A.

It affects you psychological more so.

19

Q.

Okay.

Did you -- did you get any

20

medical attention for any physical injuries

21

related to this incident?

22

A.

No.

23

Q.

So, let's get back to where we were.

24

The -- the conversation you had with Matt

25

Louque, you said it was in the shop, correct?

Page 116
1

A.

It was in the shop or in that -- in the

2

-- on the smoke slab in between the shop -- the

3

shop and the carpenter shop -- machine shop and

4

the carpenter shop.

5

things took place, in the smoke slab right

6

between there.

That is where a lot of

7

Q.

So which -- which ones --

8

A.

It may have been in the smoke slab, as

9

far as I can recall.

10

Q.

The same shift?

11

A.

Same shift.

Well, it was the shift

12

before the meeting because that is when he

13

warned me don't tell no -- don't give nobody no

14

name.

15

happened, but don't give them no names.

Go to the meeting.

Tell them what

16

Q.

So, walk me through that discussion.

17

A.

That -- that -- that is it.

It is just,

18

you know, he -- "You know, it wasn't my finger.

19

It was the handheld radio."

20

them no names when you go in that meeting."

21

"And don't give

And I didn't call the meeting.

David

22

Mendel called the meeting.

But David Mendel was

23

just as guilty because he was right there with

24

Matt Louque.

25

made me aware of them being behind me.

He -- he could have spoke out and

Page 117
1
2

Q.

Did you seek Matt Louque out to talk to

him before you went into this meeting --

3

A.

No, I --

4

Q.

-- or did he seek you out?

5

A.

-- did not.

6

remember.

7

Q.

No, I did not.

I don't

It just happened.

Is it accurate to say that you worked

8

for several days after the goosing incident

9

before you had that meeting with Brandon

10
11

Dufrene?
A.

The -- the goosing incident was after

12

the -- the blow with the crane control box.

And

13

after that, I -- I had -- my perception of time

14

was distorted.

15

Q.

Okay.

16

A.

I -- you know, and my thinking wasn't

17

even right after that.

And the goosing happened

18

after the -- being the blow with the crane.

19

Q.

Right.

20

A.

And the wrapping of the truck the same

21

night.

22

Q.

23

So, it was a couple of days after that.
So the sequence is crane box first,

Saran wrap second --

24

A.

And then goose --

25

Q.

-- goosing third?

Page 118
1

A.

And that is right.

2

Q.

Okay.

3

A.

That is what -- that is the way I see

Q.

Were you notified in advance of the

4
5
6

it.

meeting on November 10th with Dufrene, Naquin --

7

A.

Exactly.

8

Q.

-- that there was going to be a meeting?

9

A.

They -- David Mendel -- David Mendel was

10

-- you know, now he -- now his role in it was,

11

"Okay, we got to make him look -- look bad on

12

his work ethic."

13

So his complaint was I didn't go out

14

there -- I didn't go in the rain to put a guard

15

back on a pump.

16

didn't like going in the rain.

17

I wouldn't -- you know, I

And that wasn't -- that wasn't even the

18

issue, but they had to create issues as

19

distraction to try to cover up all this stuff.

20

And it just -- that just made it worse.

21

And they were warned two days before it

22

happened by Armond Thomatis because I told him.

23

I said, "Man, these people are messing with me

24

real bad."

25

other black dude that was -- came out on the

He was the -- happen to be the only

Page 119
1

four-hour callout.

2

I said, "I'm catching pure -- the hell"

3

because it was the pranks.

It was messing -- it

4

was messing with that truck, messing with my

5

glasses, the heel on my boot, all my safety

6

equipment.

7

Nothing would be in place.

8

out there and I try to put on goggles and

9

something was wrong with them.

10

We would go

They were

setting it up.

11

And that is only the tip of the iceberg.

12

They got so many tricks and games that they will

13

play.

14

threatened.

It is -- I felt my life would be

15

So I don't know what day -- what

16

happened after the crane incident.

17

and you got this sequence right on there.

18

it is -- it was just a bit much.

19

Q.

And what -But

You -- you asked for Union

20

representation when you went to the meeting with

21

Dufrene and Naquin, right?

22

A.

I didn't know what kind of meeting it

23

was.

Just a meeting.

And they -- you know, if

24

-- if I needed a Union representation, they

25

should have asked for it.

Page 120
1

But it wasn't no Union.

It was just me,

2

David Naquin, and Brandon Dufrene.

3

should have been a Union representation in

4

there.

5

Q.

6
7

And it

Wasn't Wilton Ledet with you at that

meeting?
A.

I don't think so.

No.

8

meeting on February the 29th.

9

meeting only.

He was at the
He was at that

I didn't have Union -- they

10

didn't represent me.

11

protect my rights.

12

Q.

Okay.

They didn't -- they didn't

So you go into the meeting.

13

are saying it is with Dufrene and Naquin.

14

You

is the meeting?

15

A.

In the Central Shop.

16

Q.

Is it in an office?

17

A.

Yes.

18

Q.

Whose office?

19

A.

Right.

20

Q.

What happens?

Where

21
22

Brandon's?

Did they start talking to

you about sleeping on the job?
A.

No.

They are talking about -- they

23

talked to me about not being willing to go in

24

the rain and put a guard on.

25

-- that is when the meeting started, about not

That is where the

Page 121
1

wanting to go in the rain.

And that was

2

absolutely -- because they -- they got a saying

3

it don't rain in Norco.

4

on your rainsuit, whatever you need to go out

5

there and do what you got to do and come on

6

back.

And it don't.

You put

7

That is how it started off.

But then

8

they said, "Why -- why is it that they are

9

saying this?"

And I'm going to tell you why.

10

Because they hit me with this crane.

11

this -- and I -- I remember the sequence and all

12

the details of that.

13

then.

14

They did

And I told them right

And David Naquin was in disbelief.

He

15

couldn't believe it.

16

clearer than I am doing here today what happened

17

with that radio antenna and the purpose of it.

18

That was sodomy.

19

-- that is homosexual -- that is a homosexual

20

act.

21

Q.

And I described a lot

That is -- that is -- that is

Is it your testimony that there was no

22

discussion about you sleeping on the job in this

23

meeting with Dufrene and Naquin?

24

A.

No.

25

Q.

You are saying that subject did not come

Page 122
1

up?

2

A.

That subject didn't come up.

3

Q.

Okay.

4

So what did Dufrene and Naquin

tell you after you told them about these things?

5

A.

They -- what did they tell me?

6

Q.

Yes.

7

A.

I told them.

I said, "Listen.

Because

8

I reported this, it ain't safe for me to be here

9

anymore."

And I said, "I am going to get to the

10

doctor and get an excuse and make sure that" --

11

because I reported that it ain't -- it wasn't

12

safe.

13

It would -- something would happen to me

14

and it look like a freak accident.

15

tricks.

16

with.

17

dealing with.

18

across there and fall 200 feet out the air.

19

Just anything could happen.

20

I know the

I know -- I know what I was dealing

I know the type of personalities I'm
A grate will be loose and I walk

And -- and -- and -- and I told them I'm

21

going -- I'm -- I'm -- I got to go see -- I got

22

to go get some help from outside of this place.

23

That is what I told him.

24
25

Q.

Because you concluded that somebody was

going to try to do you physical harm?

Page 123
1
2
3

A.

Yes.

I know that.

I know they were,

especially after I reported what happened.
Q.

Are you aware of anybody at the refinery

4

causing physical harm to someone who reported a

5

problem?

6

A.

Man, you -- you won't be able to put

7

your finger on it, but you -- you'll see the

8

results of it.

9

noose.

10

And there might be a hangman's

Hanging -- left somewhere.
It is going to be something.

11

has to come there.

12

The food

you don't know what -- who did what.

13

Q.

It could be -- it -- you --

I'm asking you can you give me any

14

example of somebody who reported a problem

15

experiencing physical harm because they reported

16

the problem?

17

A.

18

happened.

19

Q.

20

I can't give you that, but I know it has
It -- it, you know.

Dufrene and Naquin said you don't have

to come in tonight, correct?

21

A.

I think they did.

22

Q.

Okay.

And is it accurate to say that

23

you didn't work at all from November the 10th of

24

2011 until February the 29th of 2012?

25

A.

That is accurate.

Page 124
1

Q.

So, you were home all throughout the

2

holidays, and you are not working at all in that

3

period of time?

4

A.

Right.

5

Q.

Are you hospitalized for any of that

6

period of time, from November 10th of 2011 to

7

February 29th of 2012.

8

A.

No.

But I was going through some

9

extensive counseling sessions with my counselor

10

while I -- while I still had health insurance.

11

Q.

And who was that?

12

A.

I think it is Justin Schleis.

13

Q.

Okay.

14

And is that somebody you had

already been seeing before?

15

A.

No.

16

Q.

So, how did you get hooked up with

17
18
19

Justin Schleis?
A.

That was at a doctor's office that I had

went to.

One of the doctor's office I went to.

20

Q.

Do you know which doctor?

21

A.

No.

22

Q.

Did you --

23

A.

I --

24

Q.

I'm sorry.

25

A.

Go ahead.

You can go ahead.

Page 125
1
2

Q.

Did you come in -- did you come in for a

meeting with HR on November the 14th of 2011?

3

A.

No, indeed.

4

Q.

Okay.

5
6

Do you ever remember having any

meeting with a lady named Mary Snyder?
A.

No.

Not with her personally.

7

her directly.

8

that I had.

9

Q.

Not with

Okay.

She was in on the other meetings

So tell me what meetings you had,

10

other than the one that you told us about where

11

you said it was just you and Brandon Dufrene and

12

David Naquin.

Was there another meeting?

13

A.

No.

14

Q.

Well, was Mary at that meeting?

15

A.

No.

16

Q.

So when were you at a meeting that Mary

17

was involved in?

18

A.

The 29th.

19

Q.

Okay.

20

Did you talk to Mary on the

telephone on November the 14th of 2011?

21

A.

No.

22

Q.

So, do you think you only had one time

23

that you were in the same -- well, strike that.

24

Do you think there was only one time

25

that you talked to Mary, and it was February

Page 126
1
2

29th of 2012?
A.

Yes.

She was in the room when that

3

meeting happened.

4

say anything.

5

she still there?

6
7

Q.

She didn't talk.

She didn't

She witnessed it all, though.

Is

She still works for the Company, but she

is not in Norco anymore.

8

A.

Okay.

9

Q.

So, what else were you doing in that

10

three-and-a-half-month window from November 10th

11

to February 29th?

12

else?

13

A.

Were you working anywhere

No, indeed.

What -- what -- the main

14

thing I did was try to process what happened,

15

what and why did that happen and how did it

16

happen.

17

To process the events of what happened

18

and why and trying to understand what -- oh,

19

Lord.

20

Try to understand what happened.
They are going to come fix it.

21

Q.

It is okay.

22

A.

Uh --

23

Q.

Did you -- did you -- we got a little

24
25

Okay.

microphone adjustment here.
A.

And it won't be on -- in that line of

Page 127
1

fire, huh?

2

Q.

3

It is not easy having to wear these

things connected to you, is it?

4

A.

You can't -- you can't fold your hands

5

in prayer.

6

Q.

All right.

Did you talk to any lawyers

7

between November the 10th of 2011 and February

8

the 29th of 2012?

9

A.

No.

10

Q.

All right.

So, how did you -- how did

11

you come to return to the refinery on February

12

29th of 2012?

13

A.

The doctor that had the -- prescribed

14

the medicine that I was taking and -- there was

15

some strange stuff then that was causing

16

different side effects.

17

ringing and stuff like that.

18

My -- my ears were

Ravengi Reddy, he said, "Well, why don't

19

you just give it a try?

Try to go back and we

20

will write you a slip so you can go and try."

21

And I went back.

22

back on the 29th, that is when the blow

23

happened.

24

Q.

Okay.

25

A.

That is -- that is the straw that broke

And that is -- when I went

Page 128
1

the camel's back, that meeting.

2

with HR, Shell's HR up at -- that is what broke

3

the camel's back in a room full of nothing but

4

people that happened to be of Caucasian

5

persuasion.

6

That meeting

And it was like a public lynching.

The

7

way I was handled about the things that

8

happened, the way I was -- no, not even about

9

the things that happened.

"We are not going to

10

even discuss that.

11

about your attendance only."

12

We -- we are here to talk

And I felt like -- and the -- and the,

13

"We are not here to discuss that."

14

bring up anything until the last question.

15

question you asked me about, "Why you didn't

16

tell him you was wrapped in the truck?"

17

They didn't
That

Brandon Dufrene asked me, "Were you

18

really wrapped in that truck?" at the end of

19

that attendance meeting.

20

wasn't wrapped up in that truck," to save face.

21

Because I believe if I would have told him

22

"yes," I would have been terminated on the spot.

23

Q.

Okay.

I said, "You know, I

Let me make sure I understand.

24

Are you saying that when you met with

25

Brandon and David Naquin back on November the

Page 129
1

10th, you told Brandon you had not been inside

2

the truck?

3

A.

4

truck.

5

Q.

I told -- I told him I was inside the

Okay.

All right.

So, now, let's come

6

-- come back to February 29th.

7

You come back to

work on the day shift?

8

A.

Right.

9

Q.

Correct?

10

A.

Right.

11

Q.

So, you come in at 7:00?

12

A.

Yes.

13

Q.

And you start working for some period of

14

time?

15

A.

Uh-huh.

16

Q.

And at what point during the shift do

17
18

you end up going for a meeting in HR?
A.

Well, just out of the blue, I hear --

19

hear Brandon Dufrene walk on the -- walk on the

20

machine shop floor and say, "Hey, come take a

21

ride with me."

22

on?"

I said, "Okay.

What is going

23

He said, "We are going up front."

So I

24

jump in the truck with him to go up there and --

25

and that is when the meeting was about

Page 130
1

attendance.

2

Q.

3

All right.

So the meeting is you,

Brandon Dufrene, Mary Snyder, Wilton Ledet?

4

A.

Yeah.

5

Q.

Anybody else?

6

A.

Steve France and another HR -- Shell's

7

HR manager.

8

Cavalier, I believe.

9
10

Q.

Steve France and -- I mean, Randy

Okay.

And Wilton Ledet is your Union

rep?

11

A.

Right.

12

Q.

And they are talking to you about

13
14

sleeping on the job and your timecard, right?
A.

Ain't nobody mention no sleeping on the

15

job.

It was mentioned that all it was about is

16

attendance.

17

months -- for three months of medical leave.

And I had just came back on three

18

Q.

So what did --

19

A.

FMLA.

20

Q.

So what did they tell you about

21

attendance?

22

A.

They -- they pull up gate logs for the

23

last -- I was harassed with gate logs for the

24

past -- prior three years, the time I logged in.

25

And I made sure that I had logged in as

Page 131
1

close as I could to the time that I had to be to

2

work because I didn't want to hear the -- the

3

locker room mess, the garbage being talked in

4

the locker room.

5

And so all the gate logs -- if I got to

6

be there for 7:00, it might be -- it might say

7

seven minutes before 7:00, or they showed me how

8

I was coming to work at the -- at the latest

9

possible moment.

10

And I had to do that to try to get

11

through that -- that locker room talk and all

12

the stuff in the mornings, first off.

13

-- all the -- all the gibberish in the mornings,

14

first off, and -- and, you know, you don't --

15

ain't no telling what you might hear.

16

All the

You think they were bad with what Trump

17

was saying.

18

hear in those locker rooms.

19

at all costs.

20
21
22

Q.

Ain't no telling what you might

So what did you tell them during the

meeting?
A.

Wilton Ledet said, "Don't say nothing.

23

Don't -- don't say nothing.

24

they got to say.

25

And I avoided that

Let them say what

Now is not the time to fight."

And I was instructed before I went in by

Page 132
1

my Union representation.

2

couldn't bring up -- I didn't bring up anything.

3

Q.

I didn't bring up -- I

So, wasn't there a day during the

4

turnaround when you were two hours late to work,

5

but you got -- you had a time -- you asked

6

someone else to do a timecard for you?

7
8

A.

I ain't have -- I ain't have nobody do

nothing for me.

9

Q.

Okay.

10

A.

I filled out the time on the time that I

11

came there, when I've been there, what I did.

12
13

Q.

So, is it your position that you always

reported your time --

14

A.

Correctly.

15

Q.

-- 100% accurate?

16

A.

Right.

17

Q.

So when this meeting ended on February

18

the 29th, you weren't given any kind of

19

discipline document, right?

20

A.

Nothing.

No.

They was shocked that I

21

didn't fill out that timecard that 12 hours on

22

it.

23

another conspiracy.

24
25

That was a setup.

That was -- that is

And then they -- you know, to get it
from the guys on the floor, the supervisors, the

Page 133
1

manager, and then to go to Shell's HR and then

2

you get the same kind of treatment.

3

ain't got a leg to stand on.

4

that is the straw that broke the camel's back.

5

I -- I don't have -- I don't stand a chance.

6
fight.

8

your rights."

9

human dignity.

11
12

That is -- that --

And then the Union telling me, "Don't

7

10

Man, I

Don't say nothing.

Don't stand up for

Them people were after basic
And that is what they took from

me.
Q.

So, who do you claim was after your

human --

13

A.

All --

14

Q.

-- dignity?

15

A.

All of them, from the top all the way

16

down.

You see the examples.

And then they even

17

confessed.

18

Q.

Who confessed?

19

A.

You -- didn't you read that report?

20

Motiva's investigating -- internal

21

investigation.

22

that and Matt Louque confessed to his part.

23

They all confessed.

24
25

George and them confessed to

And then -- and Human Resources attacked
me about attendance.

Well, quite naturally, I

Page 134
1

don't want to show up on time at a place where

2

I'm being treated like that daily.

3

miserable there.

4

Q.

I was

So, is that why you could never come

5

back to work?

Is that why you didn't come back

6

to work between --

7

A.

Well, the doctor --

8

Q.

-- 2011 and --

9

A.

The doctor --

10

Q.

-- 2014?

11

A.

-- that did the evaluations say, "Man,

12

this" -- if -- you know, and -- and -- and all

13

of that say, "Hey, it is better off if you don't

14

go.

It is volatile."

15

Q.

What --

16

A.

They took me off work.

17

Q.

Which doctors did that?

18

A.

I can't remember all of them names.

19

hospital at -- in Baton Rouge.

20

General.

21

The

Baton Rouge

And I can't remember the names.

I can -- I can get them for you.

It

22

might come at -- come back in a few minutes if

23

we keep talking, but --

24
25

Q.

All right.

So I'm going to ask this

question, again, because you didn't give me any

Page 135
1

names.

2
3

Who do you claim was out to take your
human dignity?

4

A.

Matt Louque, George Kestler.

5

Q.

Anybody else?

6

A.

Pat Meche.

Basic human dignity.

"You

7

can't -- you don't hold your head up and think

8

you can walk in here and be a man like us."

9
10
11

Q.

Do you think anybody else was out to

take your human dignity?
A.

All of Human Resources.

Steve France

12

and -- and a -- a -- Randy Cavalier.

Them

13

people up in front, in the front office.

14

caught it all.

I

I caught it from them.

15

Q.

Anybody else?

16

A.

The whole good ol' boy network.

17

Q.

Who is that?

18

A.

You name them.

19

Q.

I'm asking you.

20

A.

It is pre -- it is predominantly white

21

out there.

22

charge were a part of the good ol' boy network.

23

Human Resources even -- even changed --

Predominant.

And the people in

24

started doing musical chairs.

The people that

25

were there when I was working weren't the same

Page 136
1

people that I went to for the meeting on the

2

29th.

3

They left.

They just abandoned ship.

4

It is like you say Mary Snyder is now gone.

5

is gone.

6

the good ol' boy network.

7
8

Q.

She

It -- it is musical chairs played by

Do you think anybody in HR left because

of you?

9

A.

Because of the situation.

10

Q.

What situation?

11

A.

The racism.

12

The discrimination.

The --

the -- and not wanting to be a part of that.

13

Q.

Who do you think left because of racism?

14

A.

The whole thing.

They was -- I don't

15

know.

16

-- you know, there was a young fellow.

17

-- he went to the Hague.

18
19

Q.

I don't remember their names.

But they
He -- he

Did he tell you that he had left to go

to the Hague --

20

A.

He couldn't --

21

Q.

-- because of racism?

22

A.

-- tell me anything.

I wasn't in the

23

meeting with them.

He couldn't tell me.

24

you can just see him disappear.

25

It is too messy.

But

It is too much.

Page 137
1
2

Q.

I mean, you -- you are guessing about

the reasons --

3

A.

Well, to the --

4

Q.

-- people left.

5

A.

-- to the best of my knowledge, that is

6

what I believe.

7

Q.

It is your -- it is your opinion?

8

A.

Well, and knowledge --

9

Q.

Right?

10

A.

-- too, because I was there.

11

Q.

Well, what facts -- what facts do you

12

have about reasons why anybody in HR left the

13

facility?

14

A.

15
16
17

I don't have any, but you can see them.

They vacate the premises when something happens.
Q.

After February the 29th of 2012, did you

make any attempt to come back to work at Motiva?

18

A.

No.

19

Q.

Do you know Ivory Brown?

20

A.

Yes.

21

Q.

He is African-American, correct?

22

A.

Correct.

23

Q.

Motiva made him a supervisor, right?

24

A.

Exactly.

25

Q.

And when you went to the meeting on

Page 138
1

February the 29th of 2012, the people in the

2

meeting, including HR and Brandon Dufrene, told

3

you that the Company was going to make Ivory

4

your supervisor from that point forward,

5

correct?

6

A.

I think -- yeah, I think so.

7

Q.

So you were going to have an

8

African-American supervisor from that point

9

forward, right?

10

A.

Right.

11

Q.

Did you consider that to be racism?

12

A.

Absolutely.

13

Q.

Why?

14

A.

Because it just showed that somebody is

15

getting caught with their hand in the cookie

16

jar.

17

Clay Threadgill was my supervisor.

And

18

then that is not a move away from taking out

19

that environment.

20

changing the supervisor in the same environment,

21

in the same location.

22

That is changing the man --

See, say, for instance, they have 15

23

machinists, 15 -- I mean, 30 machinists.

24

went to Ivory; 15 was going to go to Clay

25

Threadgill.

15

Page 139
1

That the -- the fact that they moved me

2

to Ivory Brown showed me the prejudice and the

3

racism.

4

were -- there was.

5
6
7

Q.

They -- they were admitting that they

Didn't you prefer to be reporting to

Ivory Brown?
A.

I -- I -- I had no preference because I

8

had never worked for Ivory Brown as a

9

supervisor.

The damage was done before Ivory

10

gave that -- was given that job.

11

preference -- no preference.

12

Q.

I had no

It didn't matter.

It didn't matter who was going to be

13

your supervisor because you weren't going to

14

come back to work?

15

MS. HUNT:

16
17
18
19
20
21
22
23
24
25

Objection.
EXAMINATION BY MR. McGOEY:
Q.

Right?
MS. HUNT:
He already answered that.
MR. McGOEY:
No, he didn't.
THE WITNESS:
Well, I was at work.
MS. HUNT:

Page 140
1
2

He said the hostile environment is
still existing.

3

MR. McGOEY:

4
5
6

So, you can't testify, Counsel.
EXAMINATION BY MR. McGOEY:
Q.

I mean, Mr. McNealy, did you decide at

7

some point during this meeting on February 29th

8

of 2012, that you were never going to work at

9

Motiva again?

10

A.

I cracked.

I cracked.

Yes.

The --

11

under that pressure, yes, I cracked.

12

is the -- that is partially where the decision

13

was made at.

14

Q.

And that

I couldn't.

After February the 29th, didn't Ivory

15

Brown call you on a regular basis to see how you

16

were doing?

17

A.

Yeah.

18

Q.

Were you offended that he would call you

19

He was instructed to do that.

and check on you?

20

A.

Somewhat, yes.

21

Q.

Why?

22

A.

He didn't offer any help, if I needed

23

anything or any -- you know, he couldn't -- he

24

couldn't help you.

25

position.

He was in a helpless

He couldn't help me.

Page 141
1

Q.

Didn't he call you once and tell you,

2

"Hey, there is a hurricane headed this way.

3

Do

you need any help" --

4

A.

No.

5

Q.

-- "getting ready for the hurricane?"

6

A.

No, he didn't.

7

else did.

8

Safety-related people did.

9

Brown.

10

Q.

Were you offended by getting that call?

11

A.

No.

12

Q.

So you went -- you went on a disability

13

He didn't.

But somebody

Some -- one of the other
It wasn't Ivory

leave after February 29th of 2012, correct?

14

A.

That is the leave they put me on, yeah.

15

Q.

Actually, let's step back for a minute.

16
17

Did you -- did you finish out the shift
on February 29th of 2012?

18

A.

Yes.

19

Q.

And did you go home that night?

20

A.

Yes.

21

Q.

And then you went to the hospital at

22

some point after that?

23

A.

Yes.

24

Q.

When?

25

A.

I didn't sleep.

I couldn't sleep at

Page 142
1

all.

Just -- you know, just anxiety,

2

overwhelmed with the anxious.

3

Just -- I went to -- after I couldn't sleep all

4

night, I know I couldn't do a whole shift the

5

next day.

6

Nerves shaking.

So I said, "Uh-huh, I am going to --

7

going to the emergency room."

8

sleep pattern off.

Awake; asleep.

9

sleep for nothing.

And just staring at the

10

wall.

11

It threw the
I couldn't

I needed something to calm me down after

that meeting.

12

That meeting was the real blow.

13

where the damage really -- it sealed the deal on

14

all the other stuff that happened.

15

the people at the very top, you see that the

16

problem is trickled down.

17

That is

Because now

It -- it -- and there is no help.

No

18

way up and down this, even from the Union.

They

19

never called me, say, "Look, how are you doing?

20

What are you going -- what your plans are?

21

-- did you make it?

22

doctor?"

What

When you been to the

They never gave me not one phone call.

23

Q.

So, you got yourself to the hospital?

24

A.

Yes.

25

Q.

Okay.

With the help of a friend.
Who took you to the hospital?

Page 143
1

A.

It is a friend that I know that, you

2

know, that -- that is a -- and my little

3

stepdaughter helped me.

She was a big help.

4

Q.

Who is -- what is her name?

5

A.

Wanda Carey.

6

Q.

While you were out on leave, you got

7

full pay for a certain period of time, correct?

8

A.

No.

9

Q.

So the records I have seen show you got

10

$6,932 in full pay, even though you were not

11

working.

Are you disputing that?

12

A.

Yes.

13

Q.

Okay.

14

And then after the full pay was

exhausted, you got half pay, correct?

15

A.

That is all I received all the time.

16

All along.

17

Q.

So the records I see say that you got

18

$17,154.20 in half pay, even though you were not

19

working.

Is that correct?

20

A.

That is possible.

21

Q.

And then after you exhausted all the

22

full pay and the half pay, you were on unpaid

23

leave for two years, correct?

24

A.

The best -- as best I can recollect.

25

Q.

And you had health insurance on the

Page 144
1

Humana plan --

2

A.

Yeah.

3

Q.

-- throughout that whole time you were

4

on leave?

5

A.

For two years.

6

Q.

Correct.

7

A.

We are talking about 2011 now to 2013.

8
9

And after that, I mean, nothing.
Q.

10

Okay.

Let me show you a document.

So, Mr. McNealy, I've shown you a letter

11

dated February the 6th, 2014 from Tammy

12

Troxclair, Human Resources at Motiva, addressed

13

to you.

14

you let me know when you are ready to answer

15

questions about it.

Take a minute and -- and look at it and

16

A.

I am ready now.

17

Q.

Okay.

I remember that letter.

So the letter explains in the

18

very first paragraph that your -- that your

19

leaves started on February 29th of 2012.

20

see that?

21

A.

Yes.

22

Q.

And it describes the fact that you got

Do you

23

full pay for some period of time, and then half

24

pay up until April 30th of 2012.

25

that?

Do you see

Page 145
1

A.

(Reviewing document.)

Yeah.

2

Q.

And then you went on leave and the

3

Company's policy is that you can remain on leave

4

for a period not to exceed two years, correct?

5

A.

Okay.

6

Q.

And the -- the second and third pages of

7

this Exhibit 1 show that you received this

8

letter, right?

9

last page of Exhibit 1?

I think you signed for it on the

10

A.

Yeah.

11

Q.

When you received it, you read it,

12

correct?

13

A.

To the best of my ability.

14

Q.

And did you understand that if you

15

weren't able to return to work by April 30th of

16

2014, you were going to be terminated in

17

accordance with the Company policy?

18

A.

Yes.

19

Q.

And can we agree that you did not return

20

to work?

21

A.

Oh, absolutely not.

22

Q.

Okay.

23

question in a bad way.

24
25

That was a bad -- I asked that

Did you return to work by April 30 of
2014?

Page 146
1
2
3

A.

I couldn't because I was still on doc --

on the doctor's care.
Q.

He hadn't released me.

So, then, did you then receive what I'm

4

going to mark as Exhibit 2.

5

It is labeled

Separation Notice.

6

A.

(Reviewing document.)

7

Q.

Did you see Exhibit 2?

8

A.

Yes.

9

Q.

Okay.

So the Separation Notice, which

10

is Exhibit 2, states, "Employee was on

11

nonoccupational disability since 2-29-2012."

12

And above it, there is a box Reason For

13

Separation, Number 2.

14

There is a box that is checked.

15

says, "Not physically able to work."

16

It

Do you see

that?

17

A.

(Reviewing document.)

Yeah.

18

Q.

Do you have any reason to dispute that

19

that is, in fact, the reason why the Company

20

terminated your employment?

21
22
23
24
25

A.

Not physically able to go to work.

I

think that is why, the reason why.
Q.

Okay.

Let's talk about the EEOC.

Have you ever received a Right to Sue
letter from the EEOC authorizing you to file

Page 147
1

suit against Motiva, Shell Chemical, Shell Oil

2

or Saudi Refining?

3

A.

No, I didn't.

4

Q.

Can we agree that you never filed a

5

Charge of Discrimination against Motiva or Shell

6

Chemical or Shell Oil or Saudi Refining?

7

A.

File it where?

8

Q.

The EEOC.

9

A.

No, I filed it.

10
11

I filed twice with

them.
Q.

So, I'm going to show you an excerpt

12

from your deposition in your workers' comp case,

13

which we are going to mark as Exhibit 3.

14

A.

(Reviewing document.)

15

Q.

There is -- a lot of it is sort of cover

16

pages, but if you -- if you would, turn to Page

17

142.

18

A.

19

(Complying.)
MS. HUNT:

20

Where are the page numbers?

21

MR. McGOEY:

22

The page numbers are in the top

23

right.

24

EXAMINATION BY MR. McGOEY:

25

Q.

So do you see the -- the line numbers

Page 148
1

down the left side?

2

A.

Yes, sir.

3

Q.

If you go to Line 21, do you see you

4

were asked, "Have you filed an EEOC claim in

5

connection with your employment at Motiva, Mr.

6

McNealy?"

7

A.

I said "No" and "Why not?"

8

Q.

And what was your answer to the question

9

"Why not?"

10

A.

11
12
13

What was your answer?

(Reviewing document.)

"I had been down

that road before with Emerson."
Q.

So you testified under oath on January

the 17th of 2014 --

14

A.

Uh-huh.

15

Q.

-- that you had not filed an EEOC charge

16

against Motiva, right?

17

A.

Yeah.

18

Q.

So, there is a recording -- there is a

19

recording that you -- your attorney has produced

20

to us of a conversation with somebody from the

21

EEOC.

22
23
24
25

Let me see if I can find it.

Bear with

me for just a minute.
So I'm going to play this recording that
was produced to us by your Counsel.

Hopefully,

Page 149
1

we will be able to hear it, but if not let me

2

know.

3

(START OF EEOC RECORDING)

4

EEOC REPRESENTATIVE:

5
6

You say discriminated against
because of your --

7

MR. McNEALY:

8
9

I never said I was going to go back
to work.

I never said that.

10

pay.

11

And there is no

And they said long as they paying, you

don't worry about it.

12

EEOC REPRESENTATIVE:

13

I don't know who said that.

14

MR. McNEALY:

15

Demetrius.

16

EEOC REPRESENTATIVE:

17

Uh-huh.

18

MR. McNEALY:

19

And then the other little heavyset

20

lady, she just walked in the back.

I saw her

21

again.

She took the

22

second intake.

23

I can't remember her name.

You know, I can't remember her name,

24

but I remember Demetrius.

And as long as they

25

keep paying, you don't worry about it.

Page 150
1

EEOC REPRESENTATIVE:

2

Don't worry about what?

3

MR. McNEALY:

4
5

End of this paperwork that I filled
out here.

6

EEOC REPRESENTATIVE:

7
8

Okay.

what was said to you at --

9

MR. McNEALY:

10
11

Like I said, I don't know

Yeah, but they dropped the ball
completely.

12

EEOC REPRESENTATIVE:

13

And if they have, I really don't

14

know.

15

know -- only thing I know is I -- I -- I don't

16

know anything --

17

The only thing I know -- the only thing I

MR. McNEALY:

18

Why -- why would they withhold the

19

claims that I filled out?

20

would they withhold that?

21

The paperwork, why

EEOC REPRESENTATIVE:

22

It is not that -- that -- I don't

23

think it is that they withheld it.

You know,

24

and so I know this is the second time you came

25

in.

Page 151
1

The first time you came in whatever,

2

you were going to claim -- now what were you

3

claiming?

Discrimination based on a disability?

4

MR. McNEALY:

5

No.

I'm -- I -- I'm claiming on

6

being injured, harassed, hazed, bullied, and all

7

that on the job.

8
9

That is all I always claimed.

My supervisor, the manager and
inspector is the one that hit me.

I gave them a

10

copy of their investigation where they admitted

11

doing those things to me.

12
13

EEOC REPRESENTATIVE:
Okay.

But how -- but how did that

14

affect your job?

15

discrimination, how were you discriminated?

16

I mean, in terms of

MR. McNEALY:

17

It is race.

18

EEOC REPRESENTATIVE:

19
20
21
22
23
24
25

How -- how is it race?

How were you

discriminated?
MR. McNEALY:
Because I was the only black on that
crew that night.
EEOC REPRESENTATIVE:
Okay.

Well, just because you were

Page 152
1

the only black --

2

MR. McNEALY:

3

I know.

4

I know that.

EEOC REPRESENTATIVE:

5

-- does that mean -- does that mean

6

that you were -- just because you are the only

7

black by yourself doesn't mean that you were

8

discriminated.

9

if --

If you were injured, if they --

10

(END OF EEOC RECORDING)

11

MR. McGOEY:

12
13

Okay.

We have some kind of

technical issue.

14

(RESUME EEOC RECORDING)

15

EEOC REPRESENTATIVE:

16
17
18
19
20

-- hit you because somebody was -MR. McNEALY:
Intentionally.
EEOC REPRESENTATIVE:
-- operating -- okay.

21

(END OF EEOC RECORDING)

22

MR. McGOEY:

23
24
25

Counsel, do you want me to play the
whole thing?
MS. HUNT:

Page 153
1
2

I would so it is not taken out of
context.

3

(RESUME EEOC RECORDING)

4

EEOC REPRESENTATIVE:

5

-- you go to -- you sue them for --

6

for court.

7

compensation and stuff like that.

8
9

You sue them for workers'

You know, I mean if -- if you felt
that -- you know, say like you were -- you were

10

injured on the job, anytime anything dealing

11

with an injury on the job deals with, you know,

12

workers' compensation or you file a civil suit

13

saying somebody injured you.

14

MR. McNEALY:

15

Okay.

16
17
18

Okay.

You know, and --

I follow what you are

saying.
EEOC REPRESENTATIVE:
And I think that is what they were

19

trying to tell you.

20

don't know if --

21
22

You know, and stop -- and I

MR. McNEALY:
And I did that, but I'm exhausted.

23

See, they used the EEOC.

Shell's, Motiva's

24

attorney is using EEOC that I did not exhaust

25

all my administrative remedies.

I never went to

Page 154
1
2

the EEOC.
EEOC REPRESENTATIVE:

3
4

Well, that proves that you did.
MR. McNEALY:

5
6

Right.
EEOC REPRESENTATIVE:

7
8

I Email the letter to you.
MR. McNEALY:

9
10

I waited.

EEOC REPRESENTATIVE:

11
12

Yeah, I -- I talked to -MR. McNEALY:

13
14

Oh, okay.
EEOC REPRESENTATIVE:

15
16

I didn't get a -- I did not get a -MR. McNEALY:

17
18

Yeah, I mean, if I -- I -EEOC REPRESENTATIVE:

19
20

I know you called me.
MR. McNEALY:

21
22
23
24
25

I waited.

And I gave you the right Email
address.
EEOC REPRESENTATIVE:
And I gave you the -- a thing saying
that it failed.

Page 155
1

(END OF EEOC RECORDING)

2

MR. McGOEY:

3

Anytime it touches anything, it --

4

MS. RICHARD-SPENCER:

5

No.

6

trying to call.

7

MR. McGOEY:

8
9

All right.

MS. HUNT:

11

13
14
15

Do you want to play the

whole thing?

10

12

It is because somebody is

Yes, i would like to play the whole
thing.
MR. McGOEY:
Okay.
MS. RICHARD-SPENCER:

16

While we are -- well, before you

17

start it again, Tommy, we have three minutes

18

left on video.

19
20
21
22
23
24
25

How much longer is the tape?

MR. McGOEY:
I don't know.

It is like an

eight-minute -- it is like an eight-minute tape.
MS. RICHARD-SPENCER:
All right.
MR. McGOEY:
I mean, where it looks like we are

Page 156
1

halfway through.

2

MS. RICHARD-SPENCER:

3

Keep going.

4

(RESUME EEOC RECORDING)

5

MR. McNEALY:

6
7

The phone that I used it is on
there.

8

EEOC REPRESENTATIVE:

9

Well, I don't --

10

MR. McNEALY:

11

Okay.

12

EEOC REPRESENTATIVE:

13

I know I sent it because it is like

14

you called me.

You know, that last time you

15

called me, you said you had gotten it and I told

16

you I didn't --

17

MR. McNEALY:

18

Yeah.

19

EEOC REPRESENTATIVE:

20
21

You know, unfortunately -MR. McNEALY:

22

But it is -- it is hot and heated in

23

a federal courthouse.

It is a -- a lawsuit has

24

been filed with Shell Motiva and all the

25

other --

Page 157
1

EEOC REPRESENTATIVE:

2

Based upon what?

3
4

What?

You filed

based upon what?
MR. McNEALY:

5

Hate crime.

6

EEOC REPRESENTATIVE:

7
8
9
10
11
12
13
14
15

Okay.

Well, that -- like I said,

that -- that is on you.
MR. McNEALY:
That is what it is.

That is --

EEOC REPRESENTATIVE:
But we don't deal with hate crimes.
MR. McNEALY:
Well, I mean, that is what the
racism and discrimination is.

16

EEOC REPRESENTATIVE:

17

Yeah, but --

18
19
20
21

MR. McNEALY:
Civil rights violation.
EEOC REPRESENTATIVE:
Okay.

But we deal with -- with

22

civil rights filed -- we deal with

23

discrimination in a -- it is kind of when -- let

24

me see if I can explain this to you.

25

were injured on the job, right?

Okay.

You

Page 158
1

MR. McNEALY:

2
3

Right.
EEOC REPRESENTATIVE:

4
5

Okay.

And you were collecting

workers' compensation?

6

MR. McNEALY:

7

No.

8

Never.

EEOC REPRESENTATIVE:

9

Okay.

10

MR. McNEALY:

11
12

You know --

I gave them -- the paper would be -they were paying --

13

(END OF EEOC RECORDING)

14

MS. RICHARD-SPENCER:

15
16

You got to keep pressing it.
MR. McGOEY:

17
18

Pressing what?

Oh, it is the -- it

is the lock.

19

(RESUME EEOC RECORDING)

20

MR. McNEALY:

21

-- through my own personal insurance

22

that I elected to buy.

23

Insurance.

24

showed it to me.

25

Half paid by MetLife

That paperwork was attached.

EEOC REPRESENTATIVE:

He

Page 159
1

Okay.

But that has nothing to do

2

with EEOC, is what I'm trying to say.

3

insurance -- so did you claim workers' comp?

4

MR. McNEALY:

5
6

If an

Yes, I claimed that, and never
received it.

7

EEOC REPRESENTATIVE:

8

And why not?

9

Did you follow up on

that?

10

MR. McNEALY:

11

Oh, yes.

12
13

in the process.

And it is -- and that is

They are withholding that, too.

EEOC REPRESENTATIVE:

14

Okay.

15

MR. McNEALY:

16
17

That is happening now, too.
EEOC REPRESENTATIVE:

18
19
20

Uh-huh.
don't know.

I'm not an investigator.

MR. McNEALY:

21
22

Well, like I said, I -- I

Right.
EEOC REPRESENTATIVE:

23

So, I can't really -- I can't sit

24

here and tell you this was done wrong.

25

done right.

This was

Because I really don't know.

I

Page 160
1
2
3
4
5
6

don't know what the conversation was and I -MR. McNEALY:
Yeah, you are just over -EEOC REPRESENTATIVE:
-- am trying to get -MR. McNEALY:

7

-- records.

8

EEOC REPRESENTATIVE:

9

I'm -- yeah.

10

MR. McNEALY:

11

Records.

12
13

EEOC REPRESENTATIVE:
I try not to get involved.

14

MR. McNEALY:

15

Yeah.

16
17

I understand.

I understand.

EEOC REPRESENTATIVE:
Because I don't know.

18

want to tell you something --

19

And I don't

MR. McNEALY:

20
21
22

That is not -EEOC REPRESENTATIVE:
-- wrong or tell you something and

23

then you say, "Oh, Ms. Zaida said -- Ms.

24

Monconduit said this," you know, because I -- I

25

don't -- I honestly don't know.

Page 161
1

MR. McNEALY:

2

Yeah.

3

I trust.

4

I believe you.

dropped.

5

I know.

I understood.

It is just the ball got

I never received a letter or a phone

6

call from any of these inquiries.

7

-- I came down here trying to get a follow up on

8

it and got nothing.

9

I never been

"Well, you didn't check this.

Oh,

10

well, we can't do anything now.

11

more than 300 days since you had the injury."

12

EEOC REPRESENTATIVE:

13
14

It has been

Uh-huh.
MR. McNEALY:

15

That was -- that is what I was told

16

one day.

17

anything with it.

18

you, then we can do something."

19

"And after 300 days, we can't do
Okay.

Unless they terminate

They terminated me last year.

See,

20

this happened in 2011, in November.

21

terminated me last year in April, and I was here

22

right before I went to the courthouse, the

23

federal courthouse.

24

-- we can't do anything for you."

25

They

And they said, "Well, you

EEOC REPRESENTATIVE:

Page 162
1
2
3

I don't -- I don't know anything
about -MR. McNEALY:

4
5
6
7
8
9

That is why the -- the -- the
history -EEOC REPRESENTATIVE:
Uh-huh.
MR. McNEALY:
-- the timeline and the paper trail

10

associated with when I came and filed these

11

complaints, but their defense attorneys say I

12

never went to EEOC.

13
14
15
16
17
18
19
20

EEOC REPRESENTATIVE:
Okay.

Well, at least they know that

you did come to the EEOC.
MR. McNEALY:
And the judge may order this.

The

federal judge may order those records.
EEOC REPRESENTATIVE:
Okay.

The only thing I -- the only

21

thing I have, like I said, that is your in --

22

your request for --

23
24
25

MR. McNEALY:
And this -- this -- all this will
make it appear like this is my first time

Page 163
1
2

coming.

But this is the third time.
EEOC REPRESENTATIVE:

3

No.

What it says in there is that I

4

can't release those documents because it is over

5

a year old.

6

MR. McNEALY:

7

Okay.

8
9
10
11
12
13

EEOC REPRESENTATIVE:
But the -- you have the charge
numbers, you know, here.
MR. McNEALY:
Uh-huh.
EEOC REPRESENTATIVE:

14

They should have --

15

(END OF EEOC RECORDING)

16

MR. McGOEY:

17
18
19
20
21
22
23
24
25

Okay.

We stopped the recording for

a minute because the tape is about to run out.
THE VIDEOGRAPHER:
This is the end of Tape 2.

We are

now off the Record at 12:50.
MS. HUNT:
Yeah, we need to take lunch.
MR. McGOEY:
Well, let me -- let me finish this

Page 164
1
2

recording issue.
I -- I don't need to play any more,

3

but if you want me to play it, I will play it.

4

But I want to finish the recording issue, and

5

then we can do that.

6
7
8
9
10

And I will give you a copy.
THE VIDEOGRAPHER:
It is going to take three minutes.
MR. McGOEY:
Okay.

11

(Off the Record.)

12

THE VIDEOGRAPHER:

13

This is the beginning of Tape 3.

14

We are now back on the Record.

15
16
17

And

the time is 12:53.
MR. McGOEY:
Okay.

We are going to resume with

18

the completion of the recording that was playing

19

at the end of the last tape.

20

(RESUME EEOC RECORDING)

21

EEOC REPRESENTATIVE:

22
23
24
25

I mean -MR. McNEALY:
They show the date on it?
EEOC REPRESENTATIVE:

Page 165
1

No.

2

MR. McNEALY:

3

Okay.

4

EEOC REPRESENTATIVE:

5
6

In 2013 and 2012.

It is -- that -- that it had to have
occurred in 2012 and 2013.

7

MR. McNEALY:

8

Okay.

9

EEOC REPRESENTATIVE:

10
11

You know, so -MR. McNEALY:

12
13

Well -EEOC REPRESENTATIVE:

14

Yeah.

It says your visit to our

15

office on May 23rd, 2012.

16

visit --

17
18
19
20

And during your

MR. McNEALY:
Request for -- that may be enough.
That may be enough.
EEOC REPRESENTATIVE:

21

Okay.

22

MR. McNEALY:

23

That may be enough.

And they could

24

-- in the report, even when I fill out the

25

questionnaire, I put my supervisor's name, the

Page 166
1

one that hit me, George Kestler, on there.

2

I put Matt Louque, the inspector.

I

3

put Pat Meche, because they Saran wrapped me in

4

a full-sized company truck.

5

shrinkwrapped the truck.

6

with shaving cream.

7

for five hours.

8

in --

9
10
11
12
13
14
15
16
17
18
19
20

So they

Sprayed the windows

And left me there for dead

The equivalent of putting me

EEOC REPRESENTATIVE:
Well, why didn't you file -- why
didn't you file criminal charges?
MR. McNEALY:
I didn't know.

I had a lawyer that

was -- was already employed by Shell Motiva.
EEOC REPRESENTATIVE:
But I don't understand.

Why didn't

you go to the police department?
MR. McNEALY:
I did not know.
EEOC REPRESENTATIVE:

21

I mean, if somebody does that to me,

22

somebody is going to -- if you stood in here and

23

punched me, I'm calling the cops.

24
25

MR. McNEALY:
That is right.

Page 167
1

EEOC REPRESENTATIVE:

2
3

You know?

So I'm saying somebody --

MR. McNEALY:

4

But then these were people of

5

authority over me.

6

report stuff to like that.

7

EEOC REPRESENTATIVE:

8
9
10
11

Yeah.

MR. McNEALY:
That is what -EEOC REPRESENTATIVE:
Now, see, that is -- that is -MR. McNEALY:

16
17

That is -EEOC REPRESENTATIVE:

18
19

That is when you need to -MR. McNEALY:

20
21

If my

in the face, I will call the cops on him.

14
15

But I don't care.

director came in here right now and punched me

12
13

These are people I should

And it is horseplay playing.
like you.

"We

That is why we did it."

22

EEOC REPRESENTATIVE:

23

Yeah, well.

24
25

Then they have to

explain that to the cops.
MR. McNEALY:

Page 168
1

Okay.

2

EEOC REPRESENTATIVE:

3

All right.

4

MR. McNEALY:

5

Thanks.

6
7
8
9
10

(END OF EEOC RECORDING)
EXAMINATION BY MR. McGOEY:
Q.

Okay.

Mr. McNealy, the recording that

we just listened to, you made that recording,
correct?

11

A.

Yes.

12

Q.

The male voice is your voice, correct?

13

A.

Yes.

14

Q.

And the female voice, do you know what

15

that lady's name is?

16

A.

Zaida something.

I saw an Email.

17

Q.

So if you will look at the letter that

18

I've just marked as Exhibit 4, and put in front

19

of you, there is a name under the "Sincerely"

20

line.

It says Zaida or Zaida Monconduit?

21

A.

Right.

22

Q.

Do you believe that that is the person

23

that is the female voice on the recording?

24

A.

I -- I think so.

25

Q.

Okay.

Do you see that this letter has a

Page 169
1

date on it of May 5th of 2015?

2

A.

(Reviewing document.)

3

Q.

See that?

4

A.

Yeah.

5

Q.

Is -- is this letter the piece of paper

6

that was being discussed on that recording?

7

A.

No.

8

Q.

Okay.

9
10

Yes.

No.
So what paper was being discussed

on that recording?
A.

The -- the paperwork that I was

11

discussing and she had them in her hand.

12

is why I was irate in there.

13

the papers.

14

That

She was holding

I wanted copies of my complaint that I

15

filed.

And she wouldn't give me the copies of

16

those complaints, those attempts to file an EEOC

17

charge.

18

Q.

19

recording?

20

A.

21

Okay.

Was it your idea to make the

Yes, because I had attempted to get the

papers three or four times prior to that.

22

Q.

When did you make the recording?

23

A.

On that same date that this -- this --

24
25

it is on there.
Q.

This -- it was around the 15th.

You made this recording on May the 5th

Page 170
1

of 2015?

2

A.

2015.

3

Q.

Right?

4

A.

Something like that, yeah.

5

Q.

After the lawsuit was already underway?

6

A.

Exactly.

7

Q.

And you planned to make the recording

8
9

before you got to the EEOC office?
A.

No.

Because I -- I planned because I

10

sat there they made me -- they wouldn't let me

11

see anybody.

12

there with the papers --

And, finally, they sent her out

13

Q.

So, you --

14

A.

-- that I was trying to get copies of to

15

prove that I had been there.

16

Q.

17

recording?

18

A.

Yes.

19

Q.

Did you tell her that you were recording

20

So, did you use your phone to make the

her?

21

A.

No.

22

Q.

Why not?

23

A.

Because I didn't know if it would even

24
25

work.
Q.

That is the first recording I ever made.
Wouldn't you want to know if somebody

Page 171
1

was recording a conversation with you?

2

A.

Yes.

3

Q.

But you didn't tell her that you were

4

recording the conversation --

5

A.

No.

6

Q.

-- with her?

7
8
9
10

Did you edit it at all?
A.

Not that I know of.

I didn't know if I

would have even remembered to keep it.

I never

listened to it.

11

I never did anything, but I knew I was

12

-- I felt like I was now being discriminated

13

against by EEOC.

14

Q.

You still --

15

A.

That is the reason why I feel -- that is

16
17
18

the reason I made that recording.
Q.

Do you still have the phone that that

recording is on?

19

A.

Yes.

20

Q.

Okay.

21

A.

It is an Android.

22

Q.

All right.

23
24
25

What kind of phone is it?

Hang on to that phone and

that recording, please.
A.

I ain't --

getting back to this -- this

deposition, I want -- I want to straighten up

Page 172
1

something where you said you -- they want to try

2

to catch me in a lie.

3

road with Emerson.

4

And I have been down that

I was at Brad Price -- Brad Price's

5

office, esquire attorney for workers' comp

6

representing me and quit.

7

didn't advise me any way possible on this, a

8

deposition.

9

Dropped the ball.

He

And I took it very lightly.

You know, I didn't -- and then -- and he

10

didn't help me with that.

He -- he got bought

11

out by somebody also.

12

person that turned against me.

13

attorney doing that -- doing this deposition for

14

the workman comp.

So that was another
He was my

15

Q.

Who do you claim bought Brad Price out?

16

A.

People with money.

17

Q.

Who?

18

A.

People who got money that would like to

19
20
21

see this be -- not be successful.
Q.

So I want to look, again, at a copy of

this --

22

A.

And then --

23

Q.

-- brief deposition.

24

A.

-- I don't know -- I don't know when did

25

that come about.

You got it there.

I said it.

Page 173
1

But I -- you know, it might have been something

2

out of context.

3

Q.

So, let's look at Exhibit 3.

The very

4

first page tells you the date of the deposition,

5

January the 17th of 2014.

Do you see that?

6

A.

(Reviewing document.)

7

Q.

All right.

8

A.

And at that time, I was still being paid

9

You were asked --

by Shell -- by -- by MetLife.

10

thing.

11

Q.

Right.

Half pay on the

On the disability.
So you were asked a very simple

12

question, "Have you filed an EEOC claim in

13

connection with your employment at Motiva, Mr.

14

McNealy?"

15

A.

And at that time, I don't know if I had

16

or not or if it didn't even stick.

17

know.

18
19

Q.

I don't know.

Okay.

I don't

And that --

Did you need help from your lawyer to be

able to answer that question?

20

A.

Well, it -- I needed help just knowing

21

what question -- what -- how to even conduct

22

myself during a deposition.

23

file a claim with EEOC, and they wouldn't accept

24

it.

25

Q.

But I had tried to

So look at Exhibit 4, if you would.

It

Page 174
1

-- it says, "Attached is a copy of the EEOC

2

Intake Questionnaire, which you completed on

3

March 19th of 2015..."

4

A.

Where is that document?

It never was on there.

5

never seen -- seen it again.

6

intake.

And it -- I

I never saw the

She never sent that out.

7

This is the only thing I saw that came

8

to me in the Email showing these dates where I

9

did go there, but the intake information was not

10

attached to it.

11
12

Q.

So you have an -- you have an Email from

the EEOC with Exhibit 4 attached to it?

13

A.

Yes.

14

Q.

But you were there in person?

15

A.

Because they -- it -- it wasn't mailed

16

to me.

17

about the Email and all of that.

18

Q.

I didn't -- something was confusing

So, it is your position that you don't

19

have the intake questionnaire and that you have

20

never seen it?

21
22

A.

I saw it when I filled it out, but I

didn't receive a copy of it afterwards.

23

Q.

And EEOC has not given it to you?

24

A.

Provided.

25

it.

No, they would not provide

Can we take a quick bathroom --

Page 175
1

Q.

Yes.

2

MS. HUNT:

3

Yeah.

4

Let's take --

MR. McGOEY:

5

Let's take a lunch break.

6

MS. HUNT:

7

You are finished with the EEOC?

8

MR. McGOEY:

9

Yes, I am.

10

MS. HUNT:

11

All right.

12

MR. McGOEY:

13

Let's take a lunch break.

14

THE VIDEOGRAPHER:

15

We are now off the Record at 1:01.

16

(Off the Record.)

17

THE VIDEOGRAPHER:

18

We are now back on the Record.

19

time is 2:06.

20

The

EXAMINATION BY MR. McGOEY:

21
22
23

Q.

Okay.

Good afternoon, Mr. McNealy.

We

are back after a lunch break.
Recently, a fourth amended complaint was

24

filed in your lawsuit.

25

it was filed?

Did you review it before

Page 176
1

A.

No.

2

Q.

When you were employed by Motiva, are

3

you aware that the Company had a policy against

4

discrimination and harassment?

5

A.

Somewhat, yeah.

6

Q.

Did you receive a copy of that policy in

7

the mail every year from -- from the Management?

8

A.

No.

9

Q.

All right.

Let me show you a document,

10

which I'm going to mark as Exhibit 5.

11

if you are familiar with this --

12

A.

(Reviewing document.)

13

Q.

-- Exhibit 5.

Let's see

14

Let me know when you are

ready to talk about it.

15

A.

(Reviewing document.)

Okay.

16

Q.

Have you ever -- do you recall having

17

ever seen those two pages that comprise Exhibit

18

5?

19

A.

Not at all.

20

Q.

Okay.

21

Did you have access to a computer

at the worksite with Motiva?

22

A.

Yes.

23

Q.

And could you look up Company policies

24
25

and procedures on that computer?
A.

Yes.

Page 177
1

Q.

Did you do that from time to time?

2

A.

No.

The computer room was a target area

3

for the harassing and bullying practices.

4

room.

5

Small

Half the size of this.
Eighteen, 20 computers right there, and

6

anybody will be there.

7

spot.

That is -- that is a hot

I -- I didn't frequent that often.

8

Q.

Okay.

9

A.

I didn't go in there often, if I could

10

avoid it, because that is where -- where

11

everybody hung out and the trouble would start

12

right there.

13

at that facility.

14
15
16

Q.

That is almost like a locker room

Okay.

So, what trouble did you

experience in the computer room?
A.

It is just close quarters and you hear

17

everybody's conversation.

18

say something to you, they could say something

19

derogatory.

20

somebody else.

21

And if they wanted to

They could appear to be talking to

And if -- you couldn't focus.

You

22

couldn't get anything done when a lot of people

23

was in there.

24
25

Q.

It was too crowded.

So, let's go back briefly to the crane

box incident.

What evidence -- first of all,

Page 178
1

let me ask you this:

2
3

Do you believe that the crane box
incident happened because of your race?

4

A.

Absolutely.

5

Q.

What evidence do you have to support

6
7

that opinion?
A.

Because they wouldn't have touched that

8

crane if somebody else had been there.

9

-- that is not a prank or a gag.

10

that is intent to harm somebody.

11

Q.

That is

That is --

Is there anything else that you -- that

12

leads you to the conclusion that that incident

13

happened because of your race?

14

A.

Yes.

Because most people come by and

15

see that crane -- if they see the block at a --

16

a level not high enough above your head, they

17

push the button and make it go up, out of the --

18

a safe way.

19

you can move it out of the way.

20

Safe.

And then you can pull it --

You know, and that was a play.

You

21

don't -- you make sure you don't get hit by that

22

block or that control box.

23
24
25

Q.

Why are you connecting the location of

the box with race?
A.

It is not just the location of the box.

Page 179
1

That box won't move if don't nobody move it.

2

You have three white guys pull that thing back,

3

and they all were silent while it hit me.

4

Q.

So, is it -- is it your opinion that

5

because there were three white guys present and

6

you, as an African-American, were hit with the

7

box, that it happened because of your race?

8
9
10
11

A.

It was intentionally directed toward me.

It couldn't -- that thing don't move by itself.
Q.

Okay.

But do you -- is it your opinion

that it happened to you because of your race?

12

A.

Yes.

13

Q.

Why -- where is the race component for

14
15
16
17

you?
A.

Because I was the only African-American

on that shift at night.
Q.

So, now, the Saran wrap with the truck,

18

is it your opinion that the truck was wrapped

19

because of your race?

20

A.

Yes.

21

Q.

What evidence do you have that --

22

A.

Same as with the crane.

There is nobody

23

there for my protection.

Nobody in there to

24

mean me any -- any good.

It was to -- to

25

humiliate and embarrass me.

Page 180
1

They might have played pranks, but that

2

-- and they said they have wrapped other people

3

in the truck.

They have never wrapped anybody

4

in the truck.

I was the first that I know of

5

out there.

6

And it is because of my race.

It just -- and they -- and they bragged

7

about it to Sulzer.

8

bragged about it.

9

look at it.

10

Q.

11
12
13
14
15

They went out there and

They paraded them around to

And -- and why do you say that somebody

bragged to Sulzer?
A.

Because they knew about it.

They asked

-- they asked me, "Were you in that truck?"
Q.

Okay.

But you can't name any of the

contractors who asked you that?

16

A.

No.

17

them again.

18

Q.

But I know them all if I ever see
I know Richard.

So, is it your opinion that the fact

19

that you are an African-American means that the

20

wrapping of the truck was done to you because of

21

your race?

22

A.

Absolutely.

And because I was there,

23

singled out with no other African-Americans

24

there on that shift.

25

Q.

All right.

So, then the goosing

Page 181
1

incident, is it your opinion that the goosing

2

incident happened because of your race?

3

A.

Yes.

4

Q.

What evidence do you have to support

5
6

that opinion?
A.

I told you, I was on 1940 facing north.

7

They approached from the south behind me where I

8

couldn't see them.

9

behind -- a whole maze of pipe to get to me.

10

And, quietly, snuck up

They had a clear walkway in front on the

11

north side of 1940.

That is the only way to

12

approach that pump.

They went to extreme

13

measures to come from behind a maze of pipe to

14

get to me on the backside, on the south side.

15

Q.

All right.

So, is it your opinion that

16

you are African-American and this incident

17

happened to you, therefore, it had to have

18

happened because of your race?

19
20
21
22

MS. HUNT:
Asked and answered.
MR. McGOEY:
You can answer --

23

THE WITNESS:

24

Yeah.

25

MR. McGOEY:

Objection.

Page 182
1

-- the question.

2

THE WITNESS:

3

It was -- it was an ongoing process.

4

And it was continuous.

5

race and a special kind of hatred.

6

EXAMINATION BY MR. McGOEY:

7

Q.

And it was because of

And I'm -- and I'm asking you to tell me

8

what is the evidence of this special kind of

9

hatred that you are talking about.

10

A.

Just -- just racial slurs and the -- the

11

use of the N-word in a -- in a roundabout way.

12

"How we had a sign in our community."

13

That was David Mendel saying, "We had a

14

sign in our community saying N-word, 'Don't you

15

let the sun catch your black ass still in town.

16

Don't let the sun go down with your'" -- you

17

know, with -- and still be in town.

18

Q.

All right.

19

A.

And the sign read just like that.

20

And

he -- and he stressed that.

21

And, see, that is what was happening to

22

me.

The sun had caught me down -- down at

23

nighttime at Motiva.

24

sure that I never volunteered for a nightshift

25

schedule change.

And they wanted to make

They make it that much

Page 183
1
2
3
4

miserable to -- for me.
Q.

Who do you claim wanted to make sure

that you never -A.

All of them involved: Matt Louque, David

5

Mendel, Perry Munce.

6

problem no matter what.

7

trying to do work.

8
9
10
11

Q.

Okay.

That is why I was always a
And I was the only one

Is there anybody else that you

claim wanted to keep you from ever volunteering
for a nightshift again?
A.

That whole good ol' boy network.

That

12

is a cush job that they wanted to keep for

13

themselves.

14

Q.

So, who are we talking about?

15

A.

I called the names:

16
17

Matt Louque, David

Mendel, George Kestler, Pat Meche.
Pat Meche had the -- the ultimate

18

because he was a heavy equipment operator.

19

wasn't even a machinist.

20

sleep all night, unless they wanted to lift

21

something up.

22

He

Just go upstairs and

A cush job.

And they wanted to make sure I never

23

experienced that there.

They had a lot of work

24

still going on, on dayshift, but it was grunt

25

work, hard work.

And to avoid all the hard work

Page 184
1

all the time, I volunteered for that schedule

2

change and got it.

3

never volunteer again for a schedule change.

4

Q.

They want to make sure you

Did anybody ever tell you that there was

5

an effort to prevent -- to make sure that you

6

wouldn't ever volunteer again?

7

A.

Their actions spoke -- screamed it at

9

Q.

Okay.

10

A.

And then I -- with no comfort nowhere in

8

me.
So it --

11

that -- during that period unless I was sitting

12

in that truck.

13

spot I had.

14

Q.

15

That is the only spot -- safe

All right.

I understand your opinion

about their actions.

16

Is there anyone who ever told you that

17

there was an effort to prevent you from ever

18

volunteering for nightshift work again?

19

A.

Their actions spoke it all the time.

20

"We don't want you here with us on this

21

nightshift."

22

way things operated.

23

things went.

24

Q.

25

slurs.

They said it all the times and the

All right.

The way things -- the way

So, you brought up racial

So, let's go back.

At the time of the

Page 185
1

crane box incident, did anybody say anything

2

that you considered to be a racial slur?

3

A.

At that time, no.

4

Q.

At the time of the Saran wrap of the

5

truck, did anybody say anything that you

6

considered to be a --

7
8

A.

The Saran wrap and the crane happened

simultaneously.

9

Q.

Okay.

10

A.

The same night.

11

So -No.

I didn't talk to

anybody then.

12

Q.

All right.

13

A.

But then a few nights prior to that, I

14

-- I hear how -- they wasn't allowed out there

15

at night.

16

that David Mendel led in at night on the street.

17

Q.

They wasn't allowed in that community

And so at the time of the goosing

18

incident, did anybody say anything that you

19

considered to be a racial slur?

20

A.

I didn't communicate with -- you know, I

21

just said my piece, and it was over with.

22

didn't give them a chance to tell me anything.

23

Q.

All right.

I

So, any racial slurs that

24

you heard in the workplace happened before the

25

control box incident?

Page 186
1

A.

Exactly.

2

Q.

And when -- and did you, personally,

3

hear whatever David Mendel --

4

A.

Yes.

5

Q.

-- said?

6

A.

And he said it -- he said it again.

7

He

repeated himself to me.

8

Q.

Where -- where was --

9

A.

He was the -- in the machine shop.

10

In

-- in the Central Shop.

11

Q.

Were you offended by what he said?

12

A.

Yes.

13

Q.

Did you report it to anybody?

14

A.

No.

15

Q.

Why not?

16

A.

At 7:00 at night?

Who can you report it

17

to unless you report it to the people that is

18

doing it.

19

it.

20
21
22
23
24
25

Q.

It is the people that is involved in

I mean, you knew Brandon Dufrene.

He

had been your manager for a long period of time.
A.

That is right.

But he worked from 7:00

to 4:00 -- 7:00 to 3:00.
Q.

Isn't his cellphone posted in the

machine shop?

Page 187
1
2
3
4

A.

I don't know.

I don't -- I don't

remember it being there.
Q.

Couldn't you have gotten a hold of

Brandon Dufrene, if you wanted to?

5

A.

6

possible.

7

Q.

8
9

It may be possible.

It may have been

Are you claiming that Motiva failed to

promote you because of your race?
A.

Motiva didn't even give me a chance to

10

apply for any kind of promotions.

11

promotions available that I could even put in

12

for.

13

There was no

Those people that were promoted were

14

promoted, "Hey, come over here.

15

something.

16

an inspector?

17

be a -- a foreman?"

18

was -- those jobs are offered by word of mouth

19

to each other's buddies, good ol' boys.

20

Let me tell you

You want to be an -- you want to be
You want to be a -- you want to
What -- you know, and they

I never even knew -- we didn't know.

I

21

didn't know there was even a promotion available

22

until they come out of a meeting or something

23

and say, "Yeah, now I'm an inspector now."

24
25

So, okay, that -- that is cool.
not to question it.

And try

Try not to rock -- rock the

Page 188
1

boat.

2

Keep a job.

Stay employed.

That is all.

And there -- and it is -- and a

3

promotion or anything available to me, they

4

wouldn't come to me like he went to the other

5

people and offered it to them.

6
7

Q.

So, who are you claiming went to other

people and offered --

8

A.

Brandon Dufrene was running the shop at

9

that time.

10

Q.

Did you ever say to Brandon, "Brandon, I

11

would like -- I would like to be considered for

12

a position"?

13

A.

No.

And nobody -- as far as I'm

14

concerned, I didn't know -- nobody else did.

15

just picked who he wanted.

16
17

Q.

He

And do you know what his reason for

picking certain people was?

18

A.

I have no idea.

19

Q.

Do you claim that you have a disability?

20

A.

I got a diagnosis.

21

Q.

What is your diagnosis?

22

A.

Anxiety and major depressive disorder.

23

Q.

Okay.

Is it your opinion that Motiva

24

discriminated against you because of any

25

disability?

Page 189
1

A.

You know, I don't know how to answer

2

that question.

3

I didn't have a disability or a diagnosis,

4

either one, before '11.

5

Q.

Okay.

I don't know how to answer it.

2011, late.

And as of November the 10th of

6

2011, when you met with Brandon and David

7

Naquin, you hadn't been diagnosed --

8

A.

No.

9

Q.

-- with anything at that point?

10

A.

No.

11

Q.

Okay.

So, there are allegations in this

12

lawsuit about a conspiracy.

13

to you?

14

A.

What does that mean

What does conspiracy mean to you?
A connection.

A conspiracy to cover up

15

the facts that happened.

16

and make it seem like a -- a gag, a prank, a

17

horseplay when it was actually a hate crime.

18

Q.

19

conspiracy?

20

A.

To cover up the intent

And who do you think participated in the

All the people involved.

Just -- just

21

like the report said.

I don't want to throw

22

nobody under the bus, but -- and the I don't

23

want to do this, but -- you know -- you know, I

24

might have wrapped him in the truck, but I

25

didn't hit him with the crane.

You know, that

Page 190
1

kind of -- and, you know, that kind of

2

conspiracy.

3

Q.

But who are you talking about?

What --

4

what persons were involved in what you are

5

alleging to be a conspiracy against you?

6
7

A.

Meche, and then the Union.

8
9
10

Everybody from the -- Matt, George, Pat

The Union president saw me wrapped up in
that truck and didn't offer anything, any kind
of help, suggestions or anything.

11

It is just that, "Hurry up and clean it

12

up before somebody takes a picture of it."

13

was more worried about somebody seeing what

14

happened than the effects of what had happened

15

to me.

16

He

And the -- and the Human Resources were

17

the final straw.

18

want to talk about it in that attendance

19

meeting.

20

me, "Were you really wrapped in that truck?"

21

Almost forcing me to lie.

22

Q.

They covered it up and didn't

But then at the end, they want to ask

And who is it that you say asked you at

23

that meeting, "Were you really wrapped up in the

24

truck?"

25

A.

Brandon Dufrene.

Page 191
1

Q.

He is not Human Resources, is he?

2

A.

No.

But he is a Maintenance manager.

3

He was at that time.

4

or what he is or who is the Maintenance manager

5

now.

6

Q.

I don't know who he is now

Do you know whether Matt Louque was

7

disciplined for any of the incidents that you

8

have testified --

9

A.

How could I -- how could I know anything

10

if I'm not there?

11

have heard rumors of it, but I don't know what

12

actually happened.

13
14
15

Q.

I have heard it.

You know, I

If he was disciplined, would you change

your opinion about this conspiracy?
A.

No indeed because they -- they -- they

16

sealed the deal in that meeting on the 29th.

17

February the 29th, they sealed it -- their --

18

their intent, their purpose.

19

your mouth, and go back to work and don't ever

20

mention none of this again.

21
22

Q.

Stick to it, shut

Did anybody in that room on February

29th say, "Shut your mouth."

23

A.

I was told by the Union president.

24

I mean now.

25

Wilton Ledet, "Don't say nothing."

And

He wasn't the Union president then.

Page 192
1

Q.

Okay.

2

A.

"Now is not the time to -- to fight."

3

Q.

Is there anybody else that you claim

4
5
6
7
8
9

Is the --

said something about "don't say anything"?
A.

No.

But I was treated harshly by Steve

France.
Q.

What did Steve France do that you

considered to be harsh treatment?
A.

When he pulled out timecards and gate

10

logs for the -- for the past three years.

Gate

11

logs where I logged in at the gate every day.

12

didn't have no problem going to work and being

13

at work.

I

14

Q.

Who pulled out gate logs?

15

A.

Steve France or a -- a -- I hope I'm not

16

calling the names wrong because I didn't meet

17

him but once or twice.

18

Q.

What did this guy look like?

19

A.

Kind of -- kind of big boned.

20

heavy-set.

21

were all white.

22

Kind of

Kind of heavy-set white guy.

They

So he -- he just -- you know, he -- he

23

wanted to take the attention away from what

24

happened to me in November, and consider my

25

attendance the fore -- in the forefront.

Page 193
1

And every gate log, every time I clocked

2

in, and the time and the date and everything all

3

for three years, they had that in front of me,

4

which wasn't even an issue.

5

when I was arrested for selling my own cattle.

6

And that is it.

7

I had one problem

Them two days.

I couldn't bring up anything after I was

8

instructed by the Union rep not to bring up

9

anything.

10

Q.

Did any of the Company's managers ever

11

tell you, "Don't bring anything up?

12

want to hear it.

13

A.

No.

We don't

Don't talk to us"?

But at the end of the meeting,

14

Brandon Dufrene said, "Well, were you really

15

wrapped up in that truck?"

16

me don't mention it, that let me know you better

17

lie right now, or you are going to get

18

terminated.

19

Q.

20

terminated?

21

A.

After they done told

Why did you conclude that you would be

Because at -- they didn't want to hear

22

anything from the beginning of the meeting about

23

that.

24
25

They told me don't -- you know, "We are
not here to discuss the results of our

Page 194
1

investigation in November.

2

discuss your attendance only."

3

I knew I couldn't bring anything up.

4

Q.

We are here to
And that is why

Did they say that, "We can't tell you

5

about confidential discipline we have issued to

6

other employees"?

7
8
9

A.

That -- that wasn't even -- that never

was an issue.
Q.

But -- but you have heard from somewhere

10

or another that Louque was disciplined and

11

Kestler was disciplined, correct?

12

A.

I think they -- I think what I heard was

13

they just took away their bonuses for one year.

14

That is what I heard.

15

Q.

So, what was a typical bonus?

16

A.

I don't know.

17

Q.

What was your bonus, typically?

18

A.

It was one -- it was only one bonus for

19

may -- it may be anywhere from two to five grand

20

a year at the end of the year.

One time.

21

But if you are Staff and Management, if

22

you have been promoted to those positions, that

23

is top secret.

24

and they can't be talked about, discussed, and

25

nobody knows what -- who is -- who -- what do --

It is -- it is written in blood,

Page 195
1
2

you know, that is not for the hourly people.
Q.

Okay.

So, let's assume what you heard

3

is true.

Well, had you read the investigation

4

summaries and seen that there was discipline

5

for --

6

A.

I read that summary.

7

Q.

Okay.

I read it.

So, let's assume that -- that

8

Kestler and Louque lost bonuses somewhere

9

between $2,000 and $5,000 each.

10

MS. HUNT:

11
12

An objection.

This is calling for

speculation, and it is hearsay.

13

THE WITNESS:

14

I assume.

15

MR. McGOEY:

16

It is what Mister -- I'm just asking

17

Mr. McNealy about what he told me.

18

EXAMINATION BY MR. McGOEY:

19

Q.

So assuming that that is true, that they

20

lost a bonus somewhere between $2,000 and

21

$5,000, wouldn't you --

22

A.

It was a lot more than that.

It was a

23

lot more than that, if you are Management and

24

Staff.

25

Q.

Okay.

And -- and --

Page 196
1
2
3
4

A.

Ask Jamie.

He might have a better --

better understanding of that.
Q.

And George Kestler was not a manager,

was he?

5

A.

He was being promoted.

6

Q.

Listen to my question.

7

At the time that you were dealing with

8

him in November of 2011, he was not a manager,

9

was he?

10
11
12
13

A.

I don't know because all that stuff is

done in secret.
Q.

Okay.

Louque was not a manager.

Can

we --

14

A.

He was --

15

Q.

-- agree on that?

16

A.

-- an inspector.

17
18

He was act -- acting

or working as an inspector.
Q.

But your suspicion is that the bonus --

19

the bonus lost would have been even more than

20

$5,000 for those guys, correct?

21
22

A.

And it is -- and it may be even every

quarter versus annually.

23

Q.

So, let's just assume it was 5,000.

24

A.

Quarterly.

25

Q.

Okay.

Let's assume it was a 5,000

Page 197
1

quarterly --

2

MS. HUNT:

3

I'm objecting to all of --

4

MR. McGOEY:

5

-- bonus.

6

MS. HUNT:

7
8

-- this.

It is calling for

speculation.

9

THE WITNESS:

10

Yeah, speculate.

11

MS. HUNT:

12

Mr. McNealy already said he has no

13

knowledge of it.

14

And there is no evidence of this that we have

15

been --

16

MR. McGOEY:

17
18

He heard this from somewhere.

Your objection is noted.
can't --

19

MS. HUNT:

20

Okay.

21
22
23
24
25

I'm sorry.

MR. McGOEY:
-- testify for him.
MS. HUNT:
My bad.
EXAMINATION BY MR. McGOEY:

You

Page 198
1
2

Q.

Assume that each guy, Kestler and

Louque, lost a bonus of at least $5,000.

3

Don't you consider that to be a pretty

4

significant penalty for their involvement in

5

these three incidents?

6

A.

No.

Because, man, I lost -- I lost that

7

every month because I wasn't able to work.

And

8

I was -- and I was -- what -- you know, that --

9

that hostile work environment, it was just

10

deteriorated once I reported those in -- those

11

things that happened for me.

12
13
14
15

Q.

So, why haven't you ever gone to work

somewhere else?
A.

Why -- why -- why I hadn't gone to work

somewhere else?

16

Q.

Right.

17

A.

That is what -- that was Brad Price

18

because it was -- it was -- it would bring about

19

a fraud charge on me on a lot of different

20

things.

21

And I don't believe I can.

I can't

22

focus long enough to -- to maintain a job and to

23

do it properly since that happened.

24
25

Q.

So, is it -- is it your opinion that

ever since the end of 2011, you have been unable

Page 199
1
2

to do any kind of work?
A.

Well, I -- it is certain things and

3

certain situations.

4

things.

5

Yes, I can do -- I can do

I can do things, but it may take longer.

6

It may take a little bit more concentration.

7

And I -- and it depends on what it is and where

8

it is.

9

Q.

10
11

So, why haven't you tried to find a job

that you think you could do?
A.

I couldn't do that.

That -- it'll --

12

it'll go against all -- it -- it just -- it just

13

-- it would go against the doctor's orders.

14
15
16
17
18

Q.

So, what doctor has told you that you

should not try to get any kind of job?
A.

I got two doctors, Atluri is one and

Caro is the other one.
Q.

And -- and is it your testimony that

19

both of those doctors have told you, "Do not try

20

to get any form of work"?

21

A.

No, they hadn't told me that.

But you

22

just -- and that -- but it just -- in my

23

opinion, you -- you know, you can't focus.

24

-- you are disabled.

25

work and function like you did.

You

You won't be able to go to

Page 200
1

Q.

Do you receive any kind of government

2

assistance, other than your Social Security

3

Disability money?

4

A.

Medicare.

I was on -- I had to have --

5

Obamacare saved my life because when they

6

dropped the insurance and quit paying me, it was

7

two years that I had nothing and no medical,

8

dental or anything.

9

So that Affordable Care Act saved my

10

life, along with the doctors just giving me

11

samples of the medicine that I was taking.

12

couldn't afford the medicine with no income.

13
14

Q.

I

So, you are now receiving Social

Security benefits, correct?

15

A.

Yes.

16

Q.

Do you know what they have classified as

17

your disability?

18

A.

No, I don't know that to be certain.

19

Q.

Did you fill out the applications for

20

Social Security benefits?

21

A.

Yes, a long time ago.

22

Q.

Do you have copies of those documents?

23

A.

No.

24

Q.

What did you tell them your disability

25

was?

Page 201
1

A.

The same thing the doctor said.

2

Q.

And what is that?

3

A.

Anxiety and severe depressive disorder.

4

Q.

What damages do you think Motiva owes

5

you?

6

Well, first of all, let's deal with the

7

question that is on the table right now before

8

-- before we start with this.

9

repeat it?

10

A.

Yeah.

11

Q.

What -- what damages do you think Motiva

12

owes you?

13

A.

14
15
16
17

Do you need me to

Please.

Well, it is not just Motiva.

I worked

for Shell, also.
Q.

Okay.

So, what damages do you think

Motiva and Shell owe you?
A.

Well, I -- you know, I've heard things

18

like punitive damage.

19

wages, time, lost benefits.

20

I -- you know, but lost

The -- it'll -- the -- I had to

21

deteriorate my 401(k).

22

insurance, loss of dental coverage, which the

23

Union covered that.

24
25

Loss of medical

I had major dental work done that I
couldn't afford to pay cash for.

I had no

Page 202
1

insurance.

So, it caused a lot of pain and

2

suffering.

Just -- just dental work.

3

just on and on.

4

And it is

Things could have been a whole lot worse

5

if I wasn't given the samples of the medicine.

6

Could have blowed my kidneys out without high

7

blood pressure.

8

here and get this medicine.

9

to control that blood pressure."

10

The doctor said, "Man, come in
You at least need

And they had gave me samples to keep me

11

alive.

Keep me going until a certain day.

12

pain and suffering, medical treatment.

13

different things.

14

Q.

15

A.

Now.

17

Q.

Correct.

A lot of

Medicare?

16

But

You have medical insurance through

So there was some period of

18

time from part of 2014 into the beginning of

19

2016, where you say you didn't have medical

20

insurance?

21

A.

Right.

22

Q.

But you used Obamacare.

23

the --

24

A.

Exactly.

25

Q.

-- exchange and you --

You went to

Page 203
1

A.

And they --

2

Q.

-- bought a policy?

3

A.

-- didn't pay -- they -- they -- yes.

4

And they -- and the -- they didn't pay for

5

anything.

6

couldn't afford it.

7

The medicine was sky high.

I

It just -- it didn't pay what this --

8

and the -- even now the things that they thought

9

-- that I thought they were paying for, I am

10

being -- receiving medical bills for even with

11

Obamacare, even with the Affordable Care Act.

12

But at least I got the medicine to keep me

13

alive.

14

Q.

All right.

So if you would take a look

15

at the two letters that I've put in front of you

16

that are marked as Exhibit 6, one is handwritten

17

and one is typed.

18

A.

Give the --

19

Q.

I'm sorry.

20

I'm sorry.

I'm looking at

the one that I'm supposed to be giving you.

21

A.

(Reviewing document.)

22

Q.

So, let me first ask you about --

23

A.

This is -- (reviewing document.)

24

Q.

So the first page of Exhibit 6 has a --

25

has a number on the bottom.

Do you see that; M,

Page 204
1

dash, 0332?

2

A.

Uh-huh.

3

Q.

Okay.

4

Is all of the handwriting on the

first page of Exhibit 6 your handwriting?

5

A.

Yeah.

6

Q.

The notation on the bottom, had you

7

talked to this lady whose name is at the bottom,

8

Vicky Grenier?

9

A.

Continuously.

10

Q.

Okay.

11

So -- and does she work with

MetLife?

12

A.

Right.

13

Q.

So, you handled your own disability

14

benefit claim with --

15

A.

I did.

16

Q.

-- MetLife?

17

A.

I followed her instructions.

18

Q.

Okay.

19

But you -- you made the calls to

MetLife?

20

A.

Yeah.

And I followed her instructions.

21

Q.

Okay.

All right.

Let's look at the

22

second page of Exhibit 6, which has the number

23

M, dash, 0658.

That is your signature, correct?

24

A.

(Reviewing document.)

Uh-huh.

25

Q.

Did you type this letter?

Page 205
1

A.

No.

2

Q.

Who did?

3

A.

I don't know.

4
5
6
7

It must have been

somebody at Shell.
Q.

Well, why -- why do you believe that it

was somebody at Shell?
A.

I don't know.

And it look like my

8

signature has been superimposed on.

9

remember this -- this letter.

10

Q.

12

sorry.

13

I don't remember

it at all.

11

I don't

Shell letterhead, right?

14

A.

I mean, there is no reference -- I'm
There is -- there is -- this is not on

Well, if I typed it.

I mean, where is

15

this Shell number -- employee of Shell number,

16

claim number and all that?

17

have access -- I didn't have access to all of

18

that.

19
20
21
22
23
24
25

Q.

I didn't -- I don't

Well, let's talk about that.

the first page of Exhibit 6.
MS. HUNT:
(Indicating.)
THE WITNESS:
Oh, Anna Dow.
MR. McGOEY:

Look at

Page 206
1
2

You -- you really can't -- you
really can't do that.

3

MS. HUNT:

4
5

Well, I was just bringing it to his
attention on the top of the paper.

6

THE WITNESS:

7

Yeah.

8

MR. McGOEY:

9
10
11
12

Okay.
EXAMINATION BY MR. McGOEY:
Q.

So if we look at the claim number on

Page 1 of Exhibit 6 at the top --

13

A.

Yeah.

14

Q.

-- it matches the claim number on Page 2

15

Yeah.

of Exhibit 6, correct?

16

A.

(Reviewing document.)

17

Q.

So, you were in possession of the claim

18

Okay.

number, right?

19

A.

Oh, yeah.

Most evidently.

20

Q.

So, there is a name at the top of the

21

second page of Exhibit 6, Anna Dow, D-O-W.

22

you know who that person is?

23

A.

Yes.

24

Q.

Who is that?

25

A.

That is an attorney in Gonzales.

Do

Page 207
1

Q.

Did she represent you at some time?

2

A.

No.

She just -- she said she would

3

request some -- some information for me.

4

did tell me that because I -- I was speaking to

5

her about it.

6
7

Q.

She

So you -- you were able to tell Ms. Dow

about your claim for benefits with MetLife?

8

A.

9

attorney.

She just was trying to advise me

10

about it.

I didn't -- she never represented me

11

in a -- in a -- in a workmen's comp claim.

12

Q.

13

A.

See, I didn't retain her as an

claim?

14

Yes.

Did she represent you on the disability

No.

This is an elderly lady, and said

15

it would be way too much work for her and she

16

wouldn't touch it.

17
18

Q.

Do you have any medical condition that

you claim was caused by Motiva?

19

A.

Yes.

20

Q.

What condition?

21

A.

Anxiety, major depressive disorder.

22

Q.

Are you currently being treated by any

23

doctor for those conditions?

24

A.

Yes.

25

Q.

Who?

Page 208
1

A.

Dr. Atluri.

2

Q.

Any other doctor?

3

A.

Dr. Caro.

4

Q.

Any other doctor than those two?

5

A.

No.

6

Q.

How frequently do you see Dr. Caro?

7

A.

As needed, and definitely every six

8

months.

9

Q.

Is he -- is it a he or a she?

10

A.

He.

11

Q.

Is he a family medicine doctor?

12

A.

Yes.

13

Q.

Okay.

14

A.

Primary care doctor.

15

Q.

How often do you see Dr. Atluri?

16

A.

At least every six months, or even in

17

between if I need to.

If the medicine ain't --

18

is not doing what they should, she'll -- she'll

19

adjust it.

20

Q.

Do you go to any therapy?

21

A.

No.

I didn't have insurance to afford

22

that.

23

they'll afford it.

24
25

Q.

I just got Medicare.

I'm going to see if

When is the last time you had any

therapy with Mr. Schleis?

Page 209
1

A.

I -- I saw him the other day.

It wasn't

2

official, but we sat and talked for a few

3

minutes the other -- just the other day.

4

But I let him know I got Medicare now.

5

I may be able to start coming back to see him.

6

But Obamacare wouldn't pay for that.

7

Q.

Okay.

So the question is:

When did you

8

-- when -- when did you stop going to him for

9

therapy sessions?

10

A.

Those dates and times are distorted in

11

my head.

I would have to look back at some

12

records to be able to tell you definitely.

13

Q.

Do you have those records at -- at home?

14

A.

No.

15

them.

I had it -- and then he might have

But I -- I don't.

16

Q.

So --

17

A.

If I could have saw him and continued to

18

see him, if I would have had insurance, I would

19

have continued to see him.

20

Q.

Did you see him at all in 2015?

21

A.

No, I don't think so.

22

I didn't have --

I didn't have medical coverage.

23

Q.

Okay.

Have you seen him at all in 2016?

24

A.

No.

25

Q.

So, how did you come to run into him the

Page 210
1

other day?

2

A.

3
4

Because I was at Dr. Atluri's office.

And he is in that office.
Q.

Okay.

And you just -- you saw him or

5

did you like go -- does he have a -- did you go

6

knock on his door?

7

the hallway?

8
9
10
11
12

A.

Did you just run into him in

How did -- what happened?

I saw him in the hallway, and I asked

could I go see him for just a minute, just a
second.
Q.

Okay.

All right.

Have you set up any

appointment with -- with him?

13

A.

Yes.

14

Q.

When?

15

A.

I don't -- that is coming up in the next

16
17
18

month or so.
Q.

I don't know exactly when.

Do you have any scheduled visits with

either Atluri or Caro?

19

A.

Yes.

20

Q.

When?

21

A.

Every six months.

22

month.

23

either one of them.

24
25

I just saw her last

And so it is every six months I see
Either/or.

And Dr. Caro handles all the -- all the
physical medicine that has got to be renewed

Page 211
1

every six months: cholesterol, metformin and

2

stuff like that, high blood pressure.

3
4
5
6

Q.

How did -- who referred you to Dr.

Atluri?
A.

St. James Behavior Health.

Three months

I spent in the outpatient care at the hospital.

7

Q.

And who referred you to Dr. Reddy?

8

A.

I don't remember.

9

Q.

Did you start seeing Dr. Reddy at the

10

I don't recall.

time that you were arrested for cattle theft?

11

A.

No.

12

Q.

What did you first start seeing him for?

13

A.

The stuff going on at work.

14

Q.

What stuff?

15

A.

The -- the trouble that was happening in

16

the -- in the shop with the -- between the

17

Management and the employees causing stress and

18

anxiety.

19

seeing him.

20

Q.

What trouble was that?

21

A.

The big issue about newspaper.

22

stuff.

23

battle for dominance and -- it was a battle for

24

control and -- and a -- it was a big battle

25

about one guy saved newspapers.

And that is when I went and started

Simple

Simple stuff that is con -- it was a

Page 212
1

Q.

Was that Warren Madere?

2

A.

Yeah.

3

Q.

He is a white guy, right?

4

A.

Yeah.

5

Q.

He saved like -- he saved newspapers and

6

-- and Management told him they didn't want him

7

saving newspapers.

8
9

A.

And that was a big old mess with

everybody in there.

And that -- that -- I mean,

10

and then -- and then Clay Threadgill liked big

11

deer racks in his office.

12

See, but this dining hall is for the --

13

for the machinists.

14

here and tell us -- I mean, and us -- nobody

15

talks about machinery repair standards.

16

safety is going out the window.

17

But you want to come in

We fighting over control.

18

simple control.

19

The

Just -- just

important things were left undone.

20

Q.

The -- the main thing -- the

You -- you felt like Management was --

21

was unfair in the way they treated Madere with

22

these newspapers, right?

23

A.

No, not -- not necessarily that.

It is

24

just that they were unfair in the way they

25

handled it.

It -- it -- it came first and

Page 213
1

foremost.

2

ain't -- that ain't going -- that ain't going to

3

stop this place from blowing up, or that ain't

4

going to cause it to blow up.

5

It is simple newspaper, man.

That

You -- machine repair standards is what

6

should be, you know, concentrating on.

And they

7

worried about some doggone newspaper on top of a

8

refrigerator.

9

Q.

So, you weren't the guy saving the

10

newspapers?

11

A.

No.

12

Q.

But that situation caused you to go see

13

Dr. Reddy?

14

A.

My -- I feel like all -- I feel like all

15

safety was thrown out the window, and we worried

16

about newspaper on top of the refrigerator.

17

This happened in the safety meeting, in

18

a safety setting.

19

talking about nothing like that.

20
21

Q.

We wasn't even supposed to be

Did you experience any flooding this

year in Gonzales?

22

A.

No.

23

Q.

You had any close family members pass

24
25

away in the last five years?
A.

Yes.

Page 214
1

Q.

Who?

2

A.

A lot of people that -- that were close.

3

Maybe not have been necessarily a family member.

4

My cousin died.

5

last five years.

6

passed away.

7
8

Q.

It is a lot of people in the
There is a lot of people

Did that impact your -- your mental

health?

9

A.

No.

10

Q.

Have you been hospitalized at all since

11

2011?

12

A.

Yes.

13

Q.

2012.

14

I'm sorry.

That is my mistake.

Have you been hospitalized since 2012?

15

A.

No.

16

Q.

Have you ever had anybody foreclose on

17

you?

18

A.

No.

19

Q.

Ever filed bankruptcy?

20

A.

No.

21

Q.

Have you been able to pay whatever bills

22

you had?

23

A.

Yes.

24

Q.

How much did you take out of your

25

401(k)?

Page 215
1
2

A.

All of it, just practically, except for

about $2,000.

3

Q.

So, how much do you think you took out?

4

A.

Over a -- over 120 grand.

And, look,

5

the main stress factor, I had a house standing

6

loan for 40 grand when -- when -- when I was

7

dropped my MetLife that caused that loan to

8

forfeit.

9

And -- so it matured that year, and it

10

came back on my taxes for 2012.

11

the IRS way over $20,000.

12

Still got to pay them.

13

I wind up owing

factor.

I'm still owing them.

A -- a big stress

14

Q.

What was that -- what was that loan for?

15

A.

That loan was to take care of some bills

16

and stuff like that that I had that I wanted to

17

consolidate, and I was going to pay myself

18

back --

19

Q.

When --

20

A.

-- the money.

21

Q.

When did you take out that -- you took

22

out a loan from your 401(k)?

23

A.

Yes.

24

Q.

Okay.

25

A.

Yes.

Have you ever been sued?

Page 216
1

Q.

When?

2

A.

It has been -- might have been way back

3

in the -- I don't know.

4

remember.

5

Q.

For what?

6

A.

It was a paternity suit.

7

Q.

Okay.

8

A.

That is -- that is my -- that is my

9
10

'98.

youngest son.

Maybe -- I can't

About probably '92.

What happened?

That was his mama that sued me.

Paternity suit.

11

Q.

Armond Link?

12

A.

Yes.

13

Q.

Were you denying that you were the

14
15
16
17
18

father?
A.

Well, I -- I just needed to know

legally.
Q.

So -- so she sued you, and it was

determined that you were the father?

19

A.

Right.

20

Q.

Okay.

21

Have you ever been in a 12-step

program?

22

A.

No.

23

Q.

Do you recall seeing a doctor named

24
25

Richard Fredrick?
A.

If I did, it was -- it may have been the

Page 217
1

-- it may have been a Social Security doctor.

I

2

don't -- I don't remember their names and all of

3

that.

I saw a bunch of doctors with them.

4

Q.

Do you have back issues and feet issues?

5

A.

Now I got back issues.

6

Q.

Is that something that developed since

7
8
9

after the last day you worked at Motiva?
A.

I think so.

It is sciatic nerve because

of not having the medicine for diabetes.

Being

10

out of that medicine for a year and a half

11

affected me.

12

Q.

When is the first time you spoke to an

13

attorney about suing Motiva or Shell Chemical or

14

Shell Oil or anybody else?

15

A.

It was probably three or four months

16

after it happened.

17

-- I know.

18

February the 29th, when I knew I hadn't a leg to

19

stand on -- no leg to stand on.

20

practically every attorney I could find in the

21

phone book.

22

It was at -- probably after

It was after that incident on

And I called

And that -- and I was referred to an

23

attorney named Jill Craft.

They said whatever

24

you do, get her to represent you.

25

-- and I called her, had a nice conversation

And come to

Page 218
1

with her.

2

She said, "Listen, I already know all

3

about your case.

4

Oil.

I am already employed by Shell

And I can't represent you."

5

She was -- she was elegant enough to --

6

to not go like Becnel did and represent -- say

7

he would represent me and wouldn't.

8

employed by Shell Oil also.

9

interest.

10

Q.

Why do you say Becnel was employed by

11

Shell?

What reason do you have to believe --

12

A.

Well, there is family ties and his --

And he was

Conflict of

13

his mother was a secretary and a filer for

14

people for Shell Oil.

15

And they had close family ties because

16

of the Shell in -- the Shell in the Gonzales

17

area up there.

18

had close ties because they handled an explosion

19

that happened in 2001.

Shell Chemical up there.

They

20

With that explosion, him and a -- that

21

Edward Stauss, I think that is the guy's name,

22

they worked together on a settlement, a final

23

settlement agreement.

24

cahoots.

25

complaints.

And they both were in

And Shell was one of the 250
It was -- it was the Vulcan next

Page 219
1
2
3
4

door that exploded.
Q.

Who -- who told you that Becnel and Ed

Stauss were in cahoots?
A.

Well, they was all right there together

5

on the list of the attorneys.

6

myself.

7
8

Q.

I saw it for

How did you get any information about

the Vulcan suit?

Were you involved in that --

9

A.

No.

10

Q.

-- suit?

11

A.

But I got friends who were involved and

12

affected, and didn't get a dime from it.

13

Q.

So, they showed you the paperwork and --

14

A.

They showed me all the paperwork.

15

Q.

And -- and that led you to believe that

16

Ed Stauss and Becnel were in cahoots working

17

together?

18

A.

Well, they worked -- they worked

19

together on a final settlement agreement for

20

Shell versus -- versus Vulcan.

21
22
23

Q.

Do you know what side the two of them

were on?
A.

I don't know.

I don't know.

I just saw

24

the -- the list of the attorneys.

It is -- and

25

it is Daniel Becnel and the Becnel Law Firm and

Page 220
1

Ed Stauss' name right up under it.

2

list.

3
4

Q.

The same

So, there had to be some connection.
Well, if one was on the plaintiff side

and one was on the defense side --

5

A.

Well, all that paperwork was pertaining

6

to the -- the 250 claimants that got injured

7

from the -- the -- you know.

8
9

Q.

I mean, can we agree that you are

guessing about whether they were in cahoots?

10

A.

Listen, I -- I know the way I -- I --

11

you know the hatred, that special kind of hatred

12

I told you about?

13

of it from Darryl Becnel after he decided he

14

wasn't going to do anything to represent me.

15
16

Q.

I got that -- a double dose

So, what did that have to do with him

being in cahoots with Ed Stauss?

17

A.

Well, he -- he was.

I mean, they -- and

18

he stopped the proceedings and he -- and he made

19

sure that I let that one year go so they

20

couldn't bring criminal charges.

21

He worked in Shell's behalf with -- to

22

me.

23

had my paperwork for six months before that

24

statute of limitation would have been up.

25

He worked against me in Shell's behalf.

Q.

You are not saying you needed an

He

Page 221
1

attorney for you to be able to pick up the

2

telephone and call the police, if you thought

3

that --

4

A.

If I had been --

5

Q.

-- you --

6

A.

-- instructed that within that one year,

7
8
9

I would have definitely done it.
Q.

Well, did you think you were the victim

of a crime or not?

10

A.

Yes, I was a victim of a crime.

11

Q.

Then don't most victims of crimes call

12

the police?

13

A.

It -- look, if -- if -- you see the

14

police record and what is happening with police

15

shootings and all that stuff these days?

16

Q.

So, let me know this:

Did you make a

17

decision not to call the police because you

18

didn't --

19

A.

I didn't --

20

Q.

-- think that they would help?

21

A.

-- even consider the police.

22

That

wasn't even considered.

23

Q.

Do you know who --

24

A.

The Union was supposed to protect me.

25

Q.

Do you know --

Page 222
1

A.

Human Resources was supposed to protect

3

Q.

Do you know who Patricia TaKang is?

4

A.

Yeah.

5

Q.

Who is that?

6

A.

That is a friend of mine.

7

Q.

So, what is your relationship with

8

Patricia --

9

A.

She is just --

10

Q.

-- TaKang?

11

A.

-- a good friend.

12

Q.

Where does she live?

13

A.

In New Orleans.

14

Q.

How do you know her?

15

A.

I just -- I know her from coming to New

2

16
17
18
19

me.

Orleans.
Q.

Well, how often do you come to New

Orleans?
A.

It depends.

If -- if I need to come to

20

New Orleans, I will come.

21

on -- it is not on a regular basis.

22

come weekly or daily or monthly.

23
24
25

Q.

I mean, it -- I'm not

Is this a lady that you dated or had an

intimate relationship with?
A.

I don't

No.

She is a friend.

Page 223
1

Q.

So, what is her connection to this

2

lawsuit because she was named in -- in your

3

discovery responses, and I am trying to figure

4

out why.

5

A.

She was named in my discovery responses?

6

Q.

Yes.

7

A.

She is just a friend.

8
9

-- who named her.
Q.

I don't know who

I don't know.

So, the question was, Interrogatory

10

Number 7, "Please identify each person with whom

11

you have communicated concerning the allegations

12

in this lawsuit or any facts relevant to this

13

lawsuit."

14

And the first name in the answer that

15

you provided is Patricia TaKang.

16

you talked to Patricia TaKang about regarding

17

this lawsuit?

18

A.

So what have

Yeah, I -- you know, sometimes I am

19

better at other times.

20

didn't write that.

21

I didn't -- it -- it may be done in my behalf,

22

but I don't remember.

23

That paperwork there, I

I don't know if -- you know,

I know Patricia TaKang.

24

good friend.

25

what she would play into this.

And she is a

But I don't know -- I don't know

Page 224
1
2
3

Q.

Bridget Barkley.

Who is Bridget

Barkley?
A.

Bridget Barkley is the timekeeper.

She

4

was the timekeeper at Shell when I was working

5

there.

6

Q.

She was the secretary in the office.
And is she the person who submitted the

7

timecard on the day during the turnaround when

8

you were late?

9

A.

Yes.

10

Q.

Okay.

11

Had you called her and asked her

to submit your timecard?

12

A.

No.

13

Q.

Okay.

14
15

So, how did she come to submit a

timecard for you?
A.

I don't know.

I -- I mean -- you know,

16

I submitted my own timecard, and it was 10 hours

17

on that card.

18

hours.

19

She submitted a card with 12

It messes up their recording -- their

20

paperwork if it is less than 12 hours.

21

less than 12 throws them off.

22

lot of special work and stuff like that.

23

Anything

They got to do a

So she just -- she just may have wanted

24

to see a card with 12 hours on it.

25

-- less work for her.

It was less

Page 225
1

Q.

All right.

I'm going to show you what

2

I'm marking as Exhibit 7.

It is Plaintiff's

3

Response to the First Set of Interrogatories.

4

A.

(Reviewing document.)

5

Q.

The only question I'm going to ask you,

6

and take your time before you answer it, is:

7

Did you see these answers before they were sent

8

to the defendants in this lawsuit?

9

A.

No.

First time seeing it.

10

Q.

All right.

I am going to show you

11

Plaintiff's Response to Admission, which I'm

12

going to mark as Exhibit 8.

13

A.

(Reviewing document.)

14

Q.

Same question.

Did you see these before

15

they were sent to the defendants in this

16

lawsuit?

17

A.

You know, I am going to say this right

18

here at this point.

19

communicating is verbally.

20

for me to read it and comprehend it and all

21

that.

22

My main way of
It is kind of hard

It is the first time seeing this.

These

23

things were answered verbally if -- if I had

24

anything to do with it, in a conversation, a

25

phone conversation or whatever.

Page 226
1

Q.

So, what I'm trying to find out is once

2

these were prepared, did you review them before

3

they were furnished to the defense -- the

4

defendants in this case?

5

A.

This is my first time seeing this.

6

Q.

Okay.

7
8

Thank you.

Do you claim that any of the people
involved in this lawsuit have committed perjury?

9

A.

Yes, indeed.

10

Q.

Who do you claim has committed perjury?

11

A.

Anybody who said -- who denied that

12

those things happened to me.

13

The -- the defendants' attorneys, that

14

they said, at any point, it didn't happen on

15

Shell's facility, they committed perjury.

16

Q.

Okay.

17

A.

Because it didn't happen, that is --

18

that is what I heard that their response was.

19

That is what I heard the Union's response was,

20

it didn't happen.

21

admitted to.

But -- but it is -- it was

22

Q.

So, you are talking about lawyers?

23

A.

Whoever answered their --

24

Q.

Whoever filed pleadings on behalf of --

25

A.

Exactly.

Page 227
1

Q.

-- the defendants?

2

A.

They -- they perjured, and it is fraud.

3

Q.

Okay.

4

All right.

I'm going to mark this next document

5

Exhibit 9.

It is titled Order and Approval and

6

Dismissal of Suits/Claim With Prejudice?

7

A.

(Reviewing document.)

8

Q.

Have you seen this document before

9

today?

10

A.

No, I haven't.

11

Q.

Do you know who put that handwriting on

12

the lower left-hand side of Exhibit 9?

13

A.

No.

14

Q.

And I take it, you have never talked to

15

anyone about who wrote the information on the

16

lower --

17

A.

You know what?

I take this back.

18

have to look at it.

19

I

workmen's comp situation.

20

This is a -- this is a

And I remember -- what jogged my memory

21

was that attorney, Elizabeth Lanier.

22

she -- you know, and August the 25th.

23

I'm familiar with it now.

24
25

Q.

Okay.

All right.

Lanier,
I -- I --

So, is it correct to

say that Elizabeth Lanier was the judge in your

Page 228
1

workers' comp case?

2

A.

Right.

3

Q.

And --

4

A.

I never met her, but that -- that is who

5

I'm -- you know.

6

Q.

Okay.

So, have you ever talked to Judge

7

Lanier or anybody else about that handwritten

8

language on the lower left-hand side of Exhibit

9

9?

10
11

A.

No, I didn't -- I haven't even had a

copy of this.

12

Q.

Okay.

13

A.

But I -- the name jogged my memory.

14

Q.

Okay.

There is a reference in your

15

discovery responses to you having out of pocket

16

expenses totaling $38,000.

17

that refers to?

18

A.

No, but it -- it -- it could be a whole

19

lot more than that.

20

running.

21

trying to keep going.

22

Q.

Do you know what

A lot of ripping and

A lot of doctor visits.

A lot of just

Just trying to maintain.

Let me show you what I'm going to mark

23

as Exhibit 10.

24

know when you are ready to talk about it.

25

A.

Take a look at that, and let me

(Reviewing document.)

Okay.

That

Page 229
1

sounds -- that -- that is that award letter from

2

Social Security, right?

3

MS. HUNT:

4

Uh-huh.

5

MR. McGOEY:

6

Yeah.

7

THE WITNESS:

8

Okay.

9

EXAMINATION BY MR. McGOEY:

10

Q.

That -- that is what it appears to be to

12

A.

Okay.

13

Q.

Is that what it appears to be to you?

14

A.

Yeah.

11

15
16
17

me.
Yeah.

I can't comprehend all that, but

I -- I can glance over and try to -Q.

Do you see the address on the top left

side of Page 1 of Exhibit 10?

18

A.

Yeah.

19

Q.

That is your home address, correct?

20

A.

Yes.

21

Q.

And this letter was sent to your home?

22

A.

Yes.

23

Q.

You received it there?

24

A.

Yes.

25

Q.

And it is dated, if you look at the top

Page 230
1

right, May 24th of 2016, correct?

2

A.

Top right?

3

Q.

Okay.

(Reviewing document.)

Yes.

Can -- is it fair to say that you

4

received this letter sometime the week of May

5

24th of 2016?

6
7

A.

Yes.
THE WITNESS:

8
9

Is it any way possible that I can
get a quick -- quick break right now?

I don't

10

need but about two minutes to go to the

11

bathroom.

12
13
14

MR. McGOEY:
Absolutely.

Absolutely.

THE VIDEOGRAPHER:

15

This is the end of Tape 3.

16

We are now --

17

THE WITNESS:

18

No.

19
20
21
22
23
24
25

THE VIDEOGRAPHER:
-- off the Record -THE WITNESS:
I'm -THE VIDEOGRAPHER:
-- at 3:06.
THE WITNESS:

Page 231
1
2

I'll be right back.

It don't take

but two minutes.

3

MR. McGOEY:

4

Okay.

5

(Brief recess held.)

6

THE VIDEOGRAPHER:

7

This is the beginning of Tape 4.

8

We are now back on the Record.

9
10
11

The

time is 3:10.
EXAMINATION BY MR. McGOEY:
Q.

Mr. McNealy, you filed this lawsuit on

12

September 22nd of 2014.

13

the original lawsuit yourself, correct?

14
15

A.

And you -- you prepared

Yeah, with -- with extensive -- a lot of

help.

16

Q.

Who did you get help from?

17

A.

Friends.

18

Q.

Who?

19

A.

Just people I know.

People that I know.

I mean, they ain't

20

got no law degree or nothing like that.

21

They

just friends that I know.

22

Q.

Well, who is it?

23

A.

Is that necessary for me to tell you who

24
25

my friends are?
Q.

I think I'm entitled to that, that

Page 232
1

information.

2

A.

Uh-huh.

3

Q.

I mean, get the -- I'm asking about

4

people involved in drafting this lawsuit.

5

is --

6

A.

Well, I --

7

Q.

-- very relevant.

8

A.

Mainly, I did it myself.

That

9
10
11
12

Mainly, I did

it myself completely.
Q.

Well, you just said other people helped

you.
A.

Well, I do -- and I did have help,

13

suggestions.

14

don't want them involved in this.

15

Q.

Family members, friends.

And I

Did they -- did they continue to help

16

you as you filed additional pleadings in the

17

lawsuit before you brought an attorney in?

18

A.

Yes.

19

Q.

Was there any attorney involved in

20

helping you before you hired Ms. Hunt in this

21

case?

22

A.

No.

23

Q.

Was there a paralegal involved in

24

helping you before you brought Ms. Hunt in, in

25

this case?

Page 233
1
2

A.

Not that I know of.
MR. McGOEY:

3

Counsel, Mr. McNealy signed some

4

medical releases for us, but he did not date

5

them right above his name.

6

So while I'm looking at things

7

trying to streamline, can you ask -- have him

8

date those for us, please.

9

MS. HUNT:

10

Yes, I will.

And the only issue I

11

have with these were they were not made out to

12

any particular person.

13

will be the people that was on the list?

14
15

So just to confirm, it

MR. McGOEY:
The people that are listed in -- it

16

will be -- it will be the Shell -- it will be

17

the Shell Medical Department, Shell Motiva

18

Medical Department, and it will be the doctors

19

that are listed in your initial disclosures or

20

your discovery responses.

21

MS. HUNT:

22

Okay.

23

THE WITNESS:

24
25

Sign here (indicating).

(Complying.)
MS. HUNT:

Page 234
1
2
3
4
5
6

Sign here and date here
(indicating).
THE WITNESS:
(Complying.)
MS. HUNT:
So as far as this -- this one right

7

here was his legal representative, or is that

8

the patient?

9

the one that is signing it?

10
11
12

Is that part necessary if he is

MS. RICHARD-SPENCER:
The doctors are saying it is.
are not releasing the records.

13

We --

MS. HUNT:

14

They

Okay.

15
16

MS. RICHARD-SPENCER:
We submitted them, and we got back a

17

response that said, "Without that other

18

signature, we won't respond."

19

MS. HUNT:

20

No problem.

21

MS. RICHARD-SPENCER:

22

"We won't release."

23

MS. HUNT:

24

Okay.

25

THE WITNESS:

Page 235
1

And I got --

2

MS. RICHARD-SPENCER:

3

Actually, one doctor sent it to us

4

without it, and we weren't sure he should have,

5

but he did so.

6

THE WITNESS:

7

Who is a --

8

MS. RICHARD-SPENCER:

9
10
11
12
13
14
15
16
17
18
19

Doctor -- do you remember who sent
the Records?
MS. HUNT:
It doesn't matter.
THE WITNESS:
Patient's legal representative -MS. HUNT:
Yeah, baby.

Just --

THE WITNESS:
I got to sign this?
MS. RICHARD-SPENCER:

20

Yes.

21

THE WITNESS:

22
23
24
25

I'm -- am I a legal representative?
MS. MASON-SMITH:
You are the patient.
MS. RICHARD-SPENCER:

Page 236
1
2

It says Patient/legal
representative.

3

THE WITNESS:

4

Okay.

5

MS. RICHARD-SPENCER:

6
7

So, it is either -THE WITNESS:

8
9
10
11
12
13
14
15
16
17

Patient signature right there
already.
MS. HUNT:
I know.
MS. RICHARD-SPENCER:
I know.
MS. HUNT:
Just sign.

You just got to sign it.

MS. RICHARD-SPENCER:
We -- we agree with you, but the

18

doctors don't agree with us.

19

concerned about HIPAA.

20
21

Doctors are very

MS. HUNT:
And they should be.

22

MS. RICHARD-SPENCER:

23

Absolutely.

24
25

THE WITNESS:
Today is the 16th?

It is the 11th

Page 237
1

month 16?

2

MS. HUNT:

3

So, you have this one in here.

4

MR. McGOEY:

5

Bear with me, and we will see.

6

(Reviewing document.)

7

think that is one -- okay.

8

MS. HUNT:

9

Sorry about that.

Yeah, if you don't mind.

That would

be great.

13

MS. HUNT:

14

16

I

MR. McGOEY:

11

15

Okay.

You want me to put it back in here?

10

12

This is dated.

All right.

(Complying.)

What is

this?
MR. McGOEY:

17

That is something that I had already

18

sent you.

19

I'm just giving you exhibits beforehand so that

20

when he finishes signing, we can move to the

21

next thing.

22
23

That is going to be an exhibit.

And

Those documents I had -- I had
Emailed you those a while back.

24

MS. HUNT:

25

Yeah.

I -- I got these after the --

Page 238
1

MS. RICHARD-SPENCER:

2

Guys, this is on the Record, and you

3

don't have a mic on.

4

are saying.

5

MS. HUNT:

6

So we can't hear what you

Okay.

7

MR. McGOEY:

8
9
10

Okay.

If there is -- if there is a

whole bunch of these to sign, let's -- I didn't
realize there were that many.

11

MS. HUNT:

12

He can finish later.

13

MR. McGOEY:

14

Yeah, let's finish after.

15

finish at the end of the questioning.

16

sorry.

17

good expediting the process, but that may not

18

have been the smartest idea.

19

All right.

MR. McGOEY:

22

25

I -- I thought I was doing something

Don't mix them with his.

21

24

I'm

MS. MASON-SMITH:

20

23

Let's

All right.

Okay.

Sorry.

Okay.

EXAMINATION BY MR. McGOEY:
Q.

Mr. McNealy, I'm going to show you what

I've marked as Exhibit 11.

Page 239
1

A.

(Reviewing document.)

2

Q.

Take a look at that, and let me know

3

when you are ready to talk about it.

4

A.

(Reviewing document.)

5

Q.

Okay.

6

Okay.

Mr. McNealy, is that your

signature on Page 2 of Exhibit 11?

7

A.

Yes.

8

Q.

Okay.

9

And is that your hired date

reflected on Page 2?

10

A.

Yes.

11

Q.

And do you see that this shows that you

12

were hired by Shell Chemical?

13

A.

Yes.

14

Q.

Is that consistent with your

15

recollection?

16

A.

Right.

17

Q.

And then is the rest of Exhibit 11

18

documents reflecting your bid in July of 2008 to

19

move from a machinist position with Shell

20

Chemical to a machinist position with Motiva?

21

A.

Yes.

22

Q.

All right.

I am going to show you

23

another document which I'm marking as

24

Exhibit 12.

25

4th of 2012, from Randy Cavalier at Motiva to

It is the letter dated September

Page 240
1

you.

2

A.

(Reviewing document.)

3

Q.

Did you have a chance to read Exhibit

5

A.

This is 12 here?

6

Q.

Do you recall seeing this before today?

7

A.

Absolutely.

8

Q.

Okay.

4

9

12?
Yeah.

Were you released to return to

work on September 3rd of 2012?

10

A.

No.

11

Q.

Okay.

12

What did you do when you got this

letter?

13

A.

I didn't do anything.

14

Q.

Did you call Mr. Cavalier about it?

15

A.

No.

16

Q.

Okay.

17

A.

No.

18

Q.

Did you -- what was your reaction when

19
20

I didn't have his number.
Did you call the refinery?

you read it?
A.

I was still under doctor's care on the

21

medication and still being treated tentatively

22

right then.

23

And this didn't -- this didn't even --

24

this wasn't even a blip on the radar.

25

sent it certified mail.

And they

I had to sign for it.

Page 241
1

It ain't on here, but I remember it.

2

wish I would have had it because I would have

3

used it as proof of intimidation and

4

threatening.

5

I

knew that.

6
7

I was under doctor's care.

They

I was under medical -- under doctor's
care at that time.

8

Q.

Okay.

9

A.

And this was just another form of

10

harassment.

11

Q.

12

Don't you think they got a medical

release from a doctor before they sent --

13

A.

They didn't have --

14

Q.

-- this out?

15

A.

They didn't have no medical release.

16

They ain't have no -- if they did, they didn't

17

have it from the right doctor.

18

Q.

19

a doctor?

20

A.

21

anything.

22

far as I am concerned.

23

harassment.

24
25

So, it is possible that they had it from

It is possible.

You can get them to do

But this was a form of harassment, as
Another form of

MR. McGOEY:
I think I'm going to tender the

Page 242
1

witness to Counsel for the Union.

2
3

I appreciate your patience.

Thank

you.

4

MS. HUNT:

5

You know what?

Ms. Spencer, do you

6

want to move forward or -- because I don't think

7

I'm going to have time to go after you.

8

MS. RICHARD-SPENCER:

9

Yeah.

I mean, I would -- I would

10

say let's -- Tommy has got a noon deadline

11

tomorrow, so I would say let's try to go.

12

are thinking that you are going to have to leave

13

at 4:30?

14

MS. HUNT:

15

You

Yeah.

16

MS. RICHARD-SPENCER:

17
18

Yeah.

I think let's get some of it

done.

19

MS. HUNT:

20

Okay.

21

MS. RICHARD-SPENCER:

22

Unless you don't want to -- you

23

know, unless you can't continue.

24

McNealy --

25

MS. HUNT:

But if Mr.

Page 243
1

How do you feel?

2

MS. RICHARD-SPENCER:

3
4

-- can continue -THE WITNESS:

5

I'm not -- this is about six and a

6

half hours.

7

hour and cut it off at 4:30.

8

MS. RICHARD-SPENCER:

9
10

Well, I can do that, but I'm not
going to be completed.

11
12
13

Look, I -- let's just go one more

You do realize we will have to come
back tomorrow?
THE WITNESS:

14

Absolutely.

15

MS. RICHARD-SPENCER:

16

Okay.

17

THE WITNESS:

18
19
20
21

Come to the same place, same
location?
MS. RICHARD-SPENCER:
Same place, same location.

22

THE WITNESS:

23

Okay.

24
25

Good.

MS. RICHARD-SPENCER:
Okay.

Page 244
1
2

EXAMINATION BY MS. RICHARD-SPENCER:
Q.

So, Mr. McNealy, I introduced myself to

3

you earlier.

4

I represent Local 750, and I represent the USW

5

International in this case.

6

My name is Julie Richard-Spencer.

And I am going to have some questions

7

for you about the allegations you made against

8

the Union and -- and some of what you have

9

already testified to.

10

I'm going to try very hard not to cover

11

the same ground and make you repeat things.

12

Because of that, it is going to mean that I may

13

skip around a little bit more than Mr. McGoey

14

did.

15

And so I want you to be sure you are

16

comfortable with my question.

17

sure where I am, or if you get confused and you

18

need me to go back and get you caught up with

19

me, please tell me that.

20

If you are not

Or if you do not understand a question

21

or -- or I've lost you, please make sure you let

22

me know because I want to be sure that you

23

understand the questions I ask?

24
25

Is that fair, sir?
A.

Oh, yeah.

Yes.

Page 245
1

Q.

Okay.

So, I know you have talked some

2

about your ability to operate, that you handle

3

your own bills, you handle your own banking; is

4

that correct?

5

A.

Yes.

6

Q.

Have you ever been in a situation where

7

you have had to transfer Power of Attorney to

8

anyone for the operation of your business

9

affairs?

10

A.

No.

11

Q.

So, that has never happened.

12

Not even

in 2012, when you were hospitalized?

13

A.

No.

14

Q.

What about, have you ever been Power of

15

Attorney for anyone?

16

A.

No.

17

Q.

All right.

Now, I want to go back and

18

talk a little bit about the time that you worked

19

for Emerson.

20

was a lawsuit filed against Emerson.

21

correct, sir?

And that you -- I know that there

22

A.

Yes.

23

Q.

And that lawsuit was for a

24
25

discrimination based on race?
A.

Right.

Is that

Page 246
1

Q.

So I want to make sure I understand.

2

Your testimony is that you retained Counsel in

3

that case.

4

A.

Yeah.

5

Q.

Do you remember who that was?

6

A.

It is a Jewish guy in Baton Rouge.

7

Q.

Was his name Dan Scheuermann?

8

A.

Yes.

9

Q.

Okay.

10

So, Mr. Scheuermann represented

you.

11

A.

Yeah.

12

Q.

And did I understand you to say

13

correctly that the company filed a Motion For

14

Summary Judgment and Mr. Scheuermann didn't

15

respond to it?

16
17
18

A.

They didn't -- he didn't respond.

They

didn't answer.
Q.

All right.

And so based upon the fact

19

that he did not respond, your understanding is

20

the judge granted that motion?

21

A.

Exactly.

22

Q.

And so you -- I assume --

23

A.

I didn't know what that meant at that

24
25

time.
Q.

So, did you end your relationship with

Page 247
1

Mr. Scheuermann and represent yourself from that

2

point on?

3

A.

I tried to with the help of a paralegal.

4

Q.

Which paralegal?

5

A.

It is a paralegal in Baton Rouge.

6
7
8
9

I

mean -- in Baton Rouge.
Q.

Do you have -- what is that person's

name?
A.

That -- that was in 2004 or 2006.

10

can't remember that far back.

11

I

remember his name.

12
13
14

Q.

I don't even

Was that person a -- just a friend or a

family member?
A.

He was just a friend of a friend of a

15

friend.

16

connections.

17
18

Q.

You know, how people talk and you make

So, that individual never entered any

type of appearance in the case?

19

A.

No.

20

Q.

Just helped you?

21

A.

Yes.

22

Q.

All right.

Now, as part of that

23

litigation, some of the things that came out are

24

that on several occasions, that company, Fisher,

25

sent you to be evaluated.

Page 248
1

Do you remember that, being sent to be

2

evaluated?

3

A.

Sent to be evaluated by who?

4

Q.

By the company.

5

A.

I don't -- I don't remember that.

It is

6

so far back, I don't remember the details of it.

7

And if -- if -- I'm not saying it didn't happen

8

or it did, but I just don't remember.

9

Q.

Do you remember that when -- during the

10

time you were employed by Fisher you were

11

written up because you allegedly threatened your

12

supervisor with violence?

13

A.

No.

14

Q.

Now, I'm not saying you did that.

15

But

just that they claimed you did it.

16

A.

That is -- that is all lies.

17

Q.

Okay.

18

So, do you remember that the

company said you did that?

19

A.

I don't remember them saying I did it.

20

Q.

Okay.

21

And I understand this is a long

time ago, so --

22

A.

Yeah.

23

Q.

-- if you don't remember, that is all I

24
25

need you to tell me.
Do you know a man named Henderson Clark?

Page 249
1

A.

Yes.

2

Q.

Do you remember that there was an

3

incident at your former employer, Fisher, where

4

you and Mr. Clark had an altercation?

5

A.

Not seriously, no.

6

Q.

So, there was some disagreement, but

7

you --

8

A.

9
10
11
12

It -- it may have been, but nothing

serious.
Q.

So you -- can you tell me what the

disagreement was?
A.

I don't know nothing.

13

that far back.

14

can't remember.

15

I can't remember

do with this case here now.

16
17
18
19
20
21
22
23
24
25

Q.

It is so far back.

I mean, I

And that ain't got nothing to

So, you don't have any specific

recollection about a disagreement?
A.

I have nothing.

No recollection of a

dis -- specific.
Q.

Do you recall ever threatening Mr. Clark

with violence?
A.

Absolutely not.

Violence is not a part

of my vocabulary in any case.
Q.

Do you know -- did Mr. Henderson ever

report you to Management and accuse you of

Page 250
1

harassing him?

2

A.

No.

3

Q.

No, that did not happen?

4

A.

No, I am -- and I am not familiar with

5

it there.

6

about that?

That is so far back.

7

irritating.

You -- you cut -- you are digging

8

in deep -- in deep, old wounds.

What -- what -- why are we talking
It is kind of

9

Q.

I'm so sorry, but --

10

A.

You re -- you are reopening old scabs.

11

Q.

I understand that --

12

A.

Yeah.

13

Q.

-- you might not prefer to answer these

14

question, but I am allowed to ask them.

15

A.

And I'll -- I'll --

16

Q.

I'll be plain.

17

A.

And I'll answer to them, but I'm letting

18

you know -- I'm just letting you know that it

19

has been a minute on all of that.

20

forgotten about it.

21

sea of forgetfulness.

22

the best I could.

23

Q.

And I have

It has been buried in the
I will try to answer them

That is certainly fair, sir, because all

24

you can do is answer to the best of your

25

knowledge.

And I understand that.

Page 251
1

A.

Uh-huh.

2

Q.

And to the best of your recollection.

3

And I think I asked you this, but you

4

don't have any specific recollection of -- on

5

either one or two occasions being sent to be

6

evaluated by a medical doctor?

7

A.

Absolutely not.

8

Q.

In the case that you filed against that

9
10

company, did you file an EEOC charge before you
went and filed the lawsuit, sir?

11

A.

Yes.

12

Q.

Okay.

And did Mr. Scheuermann assist

13

you with that, or did you do that charge on your

14

own?

15
16
17

A.

I think he may have assisted me with

that.
Q.

In that case, you -- you did allege that

18

you suffered emotional distress because of your

19

time at Emerson and the discrimination you

20

suffered?

21

A.

No.

22

Q.

You -- you are saying you did not allege

23
24
25

that as part of your lawsuit?
A.

I -- I -- no, not that I know of.

don't -- I don't know.

I

I don't -- it has been

Page 252
1
2

so long ago.
Q.

I don't know.

Do you -- did you see during the time

3

you worked for Fisher, or after your employment

4

with Fisher ended, did you see any healthcare

5

providers for stress or anxiety?

6

A.

No.

7

Q.

Did you see any psychologist or

8

psychiatrist following your employment with

9

Fisher?

10

A.

No.

11

Q.

All right.

So I am going to move

12

forward to your employment with Motiva.

13

am not going to ask any questions about any of

14

the other background employment.

15

And I

You came to Motiva and Shell, and you

16

initially were hired as a Shell Chemical

17

employee; is that correct?

18

A.

Yes.

19

Q.

And you were hired to be a machinist?

20

A.

Yes.

21

Q.

Did you work both in the shop and

22

outside the shop?

23

A.

Yes.

24

Q.

So when you were in the shop, did you

25

perform traditional machinist functions?

Page 253
1

A.

Yes.

2

Q.

And when you were out of the shop, did

3

you perform more just mechanical functions?

4

A.

Yeah.

5

Q.

When you came to the Company, did you

6

More millwright.

join the Union?

7

A.

Yes.

8

Q.

Do you remember when you joined the

9

Union?

10

A.

11
12
13

That was -- that was mandatory

immediately.
Q.

And I didn't mind.

Had you ever been a member of a Union

before?

14

A.

No.

15

Q.

Did you remain a member of the Union

16

until you were separated by the Company?

17

A.

As far as I know, yes.

18

Q.

Did you ever hold any position in the

19

Union?

20

A.

No.

21

Q.

Did you ever run for any position?

22

A.

No.

23

Q.

Did you attend any Union meetings?

24

A.

I -- I did a couple of them.

25

Q.

Do you remember when you attended

Page 254
1

meetings?

2

A.

No.

It was sometime, you know,

3

periodically.

4

basis.

5

Q.

6

month?

7

A.

First Tuesday or something like that.

8

Q.

And so what would cause you -- do you

9
10
11

It -- it wasn't on a regular

They had one on Tuesday, I remember.
Did they hold a monthly meeting every

remember specifically why you attended the
meetings you did?
A.

It -- it just -- it -- I think the

12

meeting started around 6:30 or 7:00, or

13

something like that.

14

in Gonzales, they had a meeting in -- in Norco.

15

If it was convenient and I happened to be

16

working overtime and I got off in time when the

17

meeting was starting and it would -- it would

18

work out and I -- those are the ones I attended

19

when it was convenient.

20

Q.

Later.

And being living

So, there wasn't any time that you went

21

because you wanted to talk about a particular

22

issue?

23

A.

No.

24

Q.

Did you ever speak at any of the Union

25

meetings?

Page 255
1

A.

No.

2

Q.

Did you ever raise any of the issues

3

that you raised in this lawsuit in any Union

4

meeting?

5

A.

No.

6

Q.

Do you -- when you went to the Union

7

meetings, there is usually a meal; is that

8

correct?

9

A.

Yes.

10

Q.

Did you eat the meals when you went?

11

A.

Sometimes.

12

After.

Depending on what it was.

Some of it, yes.

13

Q.

Some of it is better than others?

14

A.

Yes.

15

Q.

Did you talk to people who were in the

16

Union hall at -- attending the meetings?

17

A.

Yeah.

18

Q.

Were the people -- did people speak to

19

Lightheartedly afterwards.

you?

20

A.

Yes.

21

Q.

Did anyone ever indicate that you

22

weren't welcome at a Union meeting?

23

A.

No.

24

Q.

Do you remember the last time you

25

attended a Union meeting?

Yes.

Page 256
1

A.

No.

2

Q.

Do you understand that -- and did you

3

understand that the Union and the Company come

4

together to negotiate the terms and conditions

5

that go into what is called a Collective

6

Bargaining Agreement?

7

A.

Yes.

8

Q.

Have you ever seen the Collective

9

Bargaining Agreement?

10

A.

No.

11

Q.

Did you ever ask to see the Collective

12

Bargaining Agreement?

13

A.

No.

14

Q.

And did you understand that they

15
16
17

bargained about employees and not management?
A.

Well, yeah.

They -- the managers wasn't

a part of the Union.

18

Q.

So, managers couldn't be in the Union?

19

A.

That is the way I understood it.

20

Q.

And supervisors couldn't be in the

21

Union?

22

A.

Right.

23

Q.

Now, I've heard a couple of times the

24
25

term "Staff" being used.
A.

Yeah.

Page 257
1
2

Q.

At -- at Motiva and Shell, is the term

"Staff" equivalent to Management?

3

A.

Yes.

4

Q.

So Staff couldn't be in the Union?

5

A.

Right.

6

like that.

7

Q.

8

That is inspectors and stuff

So, you could be a Staff person and not

be a supervisor?

9

A.

Yes.

10

Q.

All right.

11

If you are a supervisor, it

meant people were under you?

12

A.

Right.

13

Q.

If you are Staff, you might or might not

14

have people under you?

15

A.

Right.

16

Q.

All right.

And you understood that the

17

Union could -- doesn't get to select who becomes

18

Staff?

19

A.

Exactly.

20

Q.

And the Union doesn't get to determine

21

who becomes a manager?

22

A.

Right.

23

Q.

So, the Company has the right to pick

24
25

who they want to pick?
A.

They pick who they want.

Page 258
1

Q.

And whether we agree or disagree, the

2

Union is, and you, as an employee, are stuck

3

with that?

4

A.

Right.

5

Q.

Now, at some point, I think you said it

That is the way it was set up.

6

was in March -- your recollection is about March

7

of 2010, this issue occurs related to the

8

cattle.

9

work?

And as a result, you missed two days of

10

A.

Yes.

11

Q.

Did -- did someone contact you and

12

indicate that Human Resources wanted to speak to

13

you about that?

14

A.

Down the line, maybe later on that week.

15

Q.

So, it didn't happen immediately?

16

A.

Yeah.

17

Q.

So several days later, someone said

18

Management is -- you need to go to HR?

19

A.

Right.

20

Q.

Do you remember who told you that?

21

A.

That was Brandon Dufrene.

22

Q.

And did you understand that you were

23

coded as AWOL for that Monday and Tuesday?

24

A.

Absent without leave?

25

Q.

Yes.

Page 259
1

A.

Failure to call, yes.

2

Q.

So were -- and I understand why it

3
4
5

happened, but were you absent without leave?
A.

I guess so.

Yes.

For that day in 2010,

yeah.

6

Q.

7

Management?

8

A.

Yes.

9

Q.

And Miss -- and there was a Union

10

And so you ultimately had a meeting with

representative there with you; is that correct?

11

A.

It may have been, yeah.

12

Q.

Do you recall that it was Mr. Thomatis?

13

A.

Yes.

14

Q.

Did you have a good relationship with

15
16

Armond Thomatis.

Mr. Thomatis?
A.

Somewhat, yes.

But I didn't work with

17

him.

18

was, you know, in a different department.

19
20

He didn't -- he was an electrician and I

Q.

So did -- that means the two of you

didn't work together?

21

A.

Just in passing.

22

Q.

Passing.

23

Mr. Thomatis is an

African-American?

24

A.

Yes.

25

Q.

And were you aware that he was -- did

Page 260
1

you understand that he was the president of the

2

Motiva group?

3

A.

The Union?

4

Q.

Yes.

5

A.

Not at all.

6
7
8

Not at that time.

Not --

nowhere near.
Q.

Okay.

What did you understand in 2010

his position to be?

9

A.

A -- a Union steward.

10

Q.

Okay.

11

A.

He wasn't president of nothing.

12

Q.

Did you understand that he was the

13

chairman of the Motiva group?

14

A.

No.

15

Q.

Did you vote in the Union elections?

16

A.

I can't recall.

17

Q.

So, you were there and Mr. Thomatis was

18

there.

19

happened in this situation and how you believe

20

you had been falsely arrested?

And you explained to Management what had

21

A.

Oh, yeah.

Yes.

22

Q.

And do you recall that at the end of

23

that discussion, HR indicated that if you

24

brought them some paperwork back that

25

demonstrated that, that it would clear up the

Page 261
1

matter?

2

A.

No.

3

Q.

How do you remember the meeting ending?

4

A.

The only thing I remember that -- is

5

that -- about that meeting was, since you was

6

two days off work without calling in, I think it

7

was one year or two years you will be in the

8

absenteeism program.

9

miss any more time, it is going to go to the

10

next stair.

11

Q.

12

incident?

13

A.

And if you go -- if you

14
15

Were you disciplined as a result of this

I considered that discipline, to be put

in that program.
Q.

So, did they tell you that you were

16

being put in the program and if it happened

17

again, you would be disciplined?

18

A.

Well, if anything happened to -- you

19

know, that was a -- that was a part that.

20

know, it would be part of the discipline.

21
22

Q.

All right.

You

Do you know that the Company

has steps of discipline that they follow?

23

A.

Yes.

24

Q.

And do you know the first step of

25

discipline?

Page 262
1

A.

Yeah.

2

Q.

What is it?

3

A.

An oral warning or something.

4

Q.

Do you know what the next step is?

5

A.

Written warning.

6

Q.

Okay.

7

And do you know what the next

step is?

8

A.

DML.

9

Q.

And then?

10

A.

Termination.

11

Q.

All right.

So, to your knowledge, there

12

are at least four -- three steps before you get

13

terminated?

14

A.

Right.

15

Q.

Were you placed on any of those steps as

16
17
18
19

a result of this AWOL incident?
A.

All I remember was:

program.
Q.

You are in the

You can't miss anymore work.

All right.

And you don't recall that

20

there was discussion about you bringing

21

paperwork in and it would be removed from your

22

record?

23

A.

No, I don't recall that.

24

Q.

Did -- were you -- were you satisfied

25

with Mr. Thomatis' representation of you in that

Page 263
1

meeting?

2

A.

I -- I had no complaints at that time --

3

Q.

All right.

4

A.

-- with him.

5

Q.

Did you ever have complaints with Mr.

6

Thomatis, or did you and he continue to maintain

7

a good relationship?

8

A.

9

Thomatis.

10

Q.

11

I never had any problems with Mr.

You aren't alleging that Mr. Thomatis

acted in a way that discriminated against you?

12

A.

No.

13

Q.

All right.

So after that incident

14

occurred, is it correct, other than that

15

incident where you were told you were being put

16

in that program, you were never disciplined by

17

the Company?

18

A.

As far as I know, no.

19

Q.

All right.

Do you know you -- you

20

testified early in your testimony that -- some

21

time ago -- that one of the reasons you bid to

22

move to Motiva was that there would be more

23

available overtime work?

24

A.

Yes.

25

Q.

And how does overtime work at the

Page 264
1

facility?

2

how is that determined?

3

A.

Who decides who gets overtime?

Or,

They had different ways at that time of

4

determining.

5

job that was going to go into overtime, he could

6

refuse to work the overtime.

7

Sometimes if a senior guy had a

And then a junior guy, somebody who is

8

-- don't have as much time in the facility,

9

would be forced to take that job.

10

Q.

So, did you understand that some of the

11

decisions about how overtime would be awarded

12

were in the contract?

13

A.

I think so, yes.

14

Q.

All right.

Did you understand that for

15

something like a turnaround that that would be

16

Management's decision of who would work a

17

turnaround?

18

A.

For a turnaround?

19

Q.

Yes.

20

A.

No.

21

You bid on that, too.

You bid

on --

22

Q.

So --

23

A.

Yeah.

24

Q.

So, you could bid on that, as well?

25

A.

Yes.

Page 265
1

Q.

All right.

So overtime, you understand,

2

is contractually determined in some cases, like

3

what you just described, where a junior guy

4

might get forced?

5

A.

Uh-huh.

6

Q.

And you could bid for a turnaround where

7

there might be a substantial amount of overtime?

8

A.

Right.

9

Q.

Turnarounds, I think what you said, are

10

desirable because --

11

A.

Sometimes.

12

Q.

Okay.

13

A.

Some turnarounds are.

14

Others you want

to run from.

15
16

Depends on what it is.

Q.

Who decides if a turnaround is desirable

or undesirable?

17

A.

It depends on the location.

Where the

18

-- what areas is the turnaround going to be in.

19

If you don't want -- if they are having

20

one in the coker plant, you don't want to go to

21

that unit.

22

Q.

Okay.

23

A.

-- certain units you don't want to go

Q.

So, is that just employees sort of

24
25

It is --

to.

Page 266
1

general knowledge?

2

A.

Huh?

3

Q.

Is that sort of employee general

4

knowledge?

5

the places that you don't want to go and you do

6

want to go?

7

A.

Yes.

8

Q.

Okay.

9

A.

Everybody knows.

10

experience.

11

Q.

12

The employees are in the know about

You learn from

Had you worked any turnarounds before

the one in question?

13

A.

Often.

14

Q.

Had you ever worked a turnaround at

15

All the time.

night before the one in question?

16

A.

Yes.

17

Q.

And in any of those occasions, did you

18

experience racial discrimination before the --

19

the one in question?

20

A.

No.

21

Q.

So, in all of those turnarounds where

22

you worked at night, you worked the same 7p to

23

7a schedule?

24

A.

Yes.

25

Q.

And that resulted in a substantial

Page 267
1

amount of overtime?

2

A.

Yes.

3

Q.

Do you know how many turnarounds you

4

might have worked in your whole career?

5

A.

No.

6

Q.

All right.

7

A.

Absolutely.

8

Q.

More than 10?

9

A.

Maybe thereabout.

10

Q.

Okay.

11

A.

I don't -- I just -- I don't want to

12
13

More than five?

overexaggerate.
Q.

Mr. McGoey asked you if you kept any

14

kind of calendar or journal, and I heard your

15

answers to those questions.

16

Did you have anyone else keep a journal

17

or notebook of what was -- what you were

18

experiencing at the worksite?

19
20

A.

No.

But I -- I had -- I talked to my

stepdaughter about it often, and she may have.

21

Q.

And that is Wanda?

22

A.

Yeah.

23

Q.

All right.

24
25

Wanda kept -A.

No.

So, you don't know whether

Page 268
1
2

Q.

-- notes about what you were telling

her?

3

A.

No.

4

Q.

Is -- I am sorry.

5

But she remembers everything.
What is her last

name?

6

A.

Carey.

7

Q.

Carey.

Is Ms. Wanda Carey -- is she the

8

person that you would say you spoke to the most

9

about what you were experiencing?

10
11

A.
yes.

At that time when I was experiencing it,

But -- but we are not as close now.

12

MS. HUNT:

13
14

Can we take a quick -- my son is
calling.

15

MS. RICHARD-SPENCER:

16

Yeah.

17

THE VIDEOGRAPHER:

18

We are now off the Record at 3:46.

19

(Off the Record.)

20

THE VIDEOGRAPHER:

21

Now back on the Record.

22

3:47.

23

The time is

EXAMINATION BY MS. RICHARD-SPENCER:

24
25

Q.

So, I wanted to go back to the incident

involving the cattle matter.

Did that -- were

Page 269
1
2

the charges ultimately dismissed?
A.

I don't even think they brought charges.

3

It was just an arrest, and then they set up a

4

court date.

5

you hear?

6

you talking about?

7

Q.

I went there.

I said -- What did

Man, we didn't arrest you.

What are

It was kangaroo.

Did -- did they -- did they set up a

8

date for it to go to a grand jury?

9

you appeared for?

10
11

A.

No.

Is that what

It was just a -- it was a little

justice court.

A little nothing.

12

Q.

Did you have to give testimony?

13

A.

No.

14

Q.

So, you just showed up?

15

A.

And then nobody else showed up.

16

Q.

And so then the judge dismissed the

17

charges?

18

A.

It was -- yeah.

19

Q.

Okay.

20

It was -- yeah.

And you have no paperwork about

that?

21

A.

No.

22

Q.

All right.

23

paperwork?

24

A.

They didn't even give me any paperwork.

25

Q.

Did you --

Did they give you any

Page 270
1

A.

I --

2

Q.

Did -- go ahead.

3

A.

I gave them paperwork showing that I

4
5

bought and purchased those cattle.
Q.

Did you think to ask them to give you

6

something so that you could get out of that

7

absentee program that you were in?

8
9

A.

I -- yeah.

But they -- this -- they

didn't want to -- they didn't want to touch it.

10

It is like, We didn't do that.

11

talking about?

What are you

It never happened.

12

Q.

Okay.

13

A.

That is the State of Mississippi there

14
15
16

now.

It is not the State of Louisiana.

Q.

All right.

So your -- did -- and so

none of your family appeared at that matter?

17

A.

My brother did.

18

Q.

Did your brother tell them you did own

19

the cattle?

20

A.

He was telling them the whole time no.

21

Q.

No, you --

22

A.

That, no, I didn't do that.

23

Q.

Okay.

24
25

away.
A.

My uncle didn't.

So, to your knowledge, it went

You are not really sure how it went away?
Yeah.

Page 271
1

Q.

And you never heard anything again?

2

A.

Never heard anything again.

3

Q.

But they didn't give you anything that

4

you could bring back to your employer?

5

A.

No.

6

Q.

And so you stayed in the absentee

7
8
9
10
11

program?
A.

As far as I know.

I don't know if I was

or not.
Q.

Now, you moved -- you, obviously,

weren't disciplined further for absenteeism?

12

A.

Right.

13

Q.

So, whatever the time period was, you

14

got through that time period without any

15

discipline.

16

A.

Yes.

17

Q.

All right.

18

MS. RICHARD-SPENCER:

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21
22
23

Thank you.

I think this is where you want to
stop?
MS. HUNT:
Please.

And I --

MS. RICHARD-SPENCER:

24

What?

25

MS. HUNT:

Page 272
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Not on the Record.

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THE VIDEOGRAPHER:

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Today's deposition consists of four
tapes.

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This is the end of Tape 4.
And we are now off the Record at

3:50.
*

*

*

*

Page 273
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2

WITNESS' ATTESTATION
I have read or have had the foregoing

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testimony read to me, pursuant to Rule 30(e) of

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the Federal Rules of Civil Procedure and/or

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Article 1445 of the Louisiana Code Civil

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Procedure, and hereby attest that, to the best

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of my ability and understanding, it is a true

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and correct transcription of my testimony, with

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the exception of any attached corrections or

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changes, complete with reasons for changes, on

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the Witness' Amendment Pages;

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I have in no way altered the printed

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transcript pages containing testimony herein,

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tampered with the seal on the last numbered page

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herein, or tampered with the security strip on

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the binder hereof.

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certified transcript has been maintained in the

18

identical form as it was received by me, with

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the exception of any changes on the Witness'

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Amendment Pages.

The integrity of this

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------------Date

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_____________________________
NEWTON T. McNEALY JR.
(Signature)

Page 274
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2

REPORTER'S PAGE
I, KAY E. DONNELLY, Certified Court

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Reporter in and for the State of Louisiana, the

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officer, as defined in Rule 28 of the Federal

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Rules of Civil Procedure and/or Article 1434(B)

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of the Louisiana Code of Civil Procedure, before

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whom this proceeding was taken, do hereby state

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on the Record:

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That due to the interaction in the

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spontaneous discourse of this proceeding, dashes

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(--) have been used to indicate pauses, changes

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in thought, and/or talkovers; that same is the

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proper method for a Court Reporter's

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transcription of proceeding, and that the dashes

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(--) do not indicate that words or phrases have

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been left out of this transcript;

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That any words and/or names which could

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not be verified through reference material have

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been denoted with the phrased "(spelled

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phonetically)."

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_____________________________
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Certificate No. 87008

Page 275
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C E R T I F I C A T E

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This certification is valid only for a
transcript accompanied by my original signature
and original required seal on this page.
I, KAY E. DONNELLY, Certified Court
Reporter in and for the State of Louisiana, as
the officer before whom this testimony was
taken, do hereby certify that NEWTON T. McNEALY,
JR., to whom oath was administered, after having
been duly sworn by me upon authority of R.S.
37:2554, did testify as hereinbefore set forth
in the foregoing two hundred seventy-four (274)
pages; that this testimony was reported by me in
the stenotype reporting method, was prepared and
transcribed by me or under my personal direction
and supervision, and is a true and correct
transcript to the best of my ability and
understanding; that the transcript has been
prepared in compliance with transcript format
guidelines required by statute or by rules of
the board; and that I am informed about the
complete arrangement, financial or otherwise,
with the person or entity making arrangements
for deposition services; that I have acted in
compliance with the prohibition on contractual
relationships, as defined by Louisiana Code of
Civil Procedure Article 1434 and in rules and
advisory opinions of the board; that I have no
actual acknowledge of any prohibited employment
or contractual relationship, direct or indirect,
between a court reporting firm and any party
litigant in this matter nor is there any such
relationship between myself and a party litigant
in this matter. I am not related to counsel or
to the parties herein, nor am I otherwise
interested in the outcome of this matter.

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_____________________________
KAY E. DONNELLY
Certified Court Reporter
State of Louisiana
Certificate No. 87008
December 2, 2016