EEOC v. Blockbuster Inc.

Filing 105

RESPONSE in Opposition re 100 MOTION for Summary Judgment and Brief in Support of Summary Judgment filed by EEOC. Replies due by 4/19/2010. (Attachments: # 1 Exhibit Exb. 1, # 2 Exhibit Exb. 2, # 3 Exhibit Exb. 3, # 4 Exhibit Exb. 4, # 5 Exhibit Exb. 5, # 6 Exhibit Exb. 6, # 7 Exhibit Exb. 7, # 8 Exhibit Exb. 8, # 9 Exhibit Exb. 9, # 10 Exhibit Exb. 10, # 11 Exhibit Exb. 11, # 12 Exhibit Exb. 12, # 13 Exhibit Exb. 13, # 14 Exhibit Exb. 14, # 15 Exhibit Exb. 15, # 16 Exhibit Exb. 16, # 17 Exhibit Exb. 17, # 18 Exhibit Exb. 18, # 19 Exhibit Exb. 19, # 20 Exhibit Exb. 20, # 21 Exhibit Exb. 21, # 22 Exhibit Exb. 22, # 23 Exhibit Exb. 23, # 24 Exhibit Exb. 24, # 25 Exhibit Exb. 25, # 26 Exhibit Exb. 27, # 27 Exhibit Exb. 28, # 28 Exhibit Exb. 29)(Phillips, Ronald)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

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EQUAL EMPLOYMENT OPPORTUNITY
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COMMISSION,
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Plaintiff,
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| Case No.
vs.
| 8:07-CV-02612
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BLOCKBUSTER, INC.,
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Defendant.
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12

Deposition of ELIZABETH LEDESMA

13

(CONFIDENTIAL PORTIONS REDACTED)

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Bethesda, Maryland

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June 18, 2008

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9:30 a.m.

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Job No. 1-129327

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Pages 1 - 137

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Reported by:

Michele E. Eddy

BLOCKBUSTER.transcript.ledesma -e

Page 17

Page 19

1

A

Yes.

1

A

From Peru.

2

Q

And then why did you move to the address in

2

Q

What's the name of the school?

3 Silver Spring?

3

A

I don't remember.

4

4

Q

What city is it in?

5 lease was up.

5

A

In Lima.

6

Q

And who did you move there with?

6

Q

Did you attend college?

7

A

Dolores Gonzalez, Lolita Gonzalez, Felipe

7

A

No.

8 Gonzalez, Dessire Gonzalez, myself and my daughter

8

Q

Have you taken any courses after high

9 Venus Ledesma.

9 school?

A

Because the lease was up. The apartment

Then you moved to Henderson Avenue. Why did 10

A

No.

11 you move there?

11

Q

How would you describe your ability to speak

12

A

Because I moved there with my sister.

12 English?

13

Q

Did you move with your sister to Jetson

10

Q

13

A

I get my ideas across, I believe.

14 Road?

14

Q

Do you understand English?

15

THE WITNESS: Yes.

15

A

Yes, but not perfectly.

Q

Are you able to understand -- answer my

16

A

Yes.

16

17

Q

Why did you move there?

17 questions today in English?

18

A

Because the lady who is renting out the

18

A

I would prefer to have an interpreter,

19 house was going to sell it.

19 translator.

20

20

Q

And then you recently moved to Randolph

Q

But do you understand what I'm saying in

21 Road. Why did you move there?

21 English?

22

22

A

Because the lady there also was going to

A

Some things.

Page 18

1 sell her house.
1
2
Q Were you born in Peru?
2
3
A Yes.
3
4
Q Have you ever been married?
4
5
A No.
5
6
Q Do you have any other children besides
6
7 Venus?
7
8
A No.
8
9
Q Does -- does Venus currently live with you? 9
10
A Yes.
10
11
Q And who else lives with you?
11
12
A My sister Milagros Ledesma, Venus, myself, 12
13 and the landlords, the owners of the house.
13
14
Q Do you pay rent to the landlords?
14
15
A Yes.
15
16
Q How much do you pay?
16
17
A $1,200.
17
18
Q How often do you pay $1,200?
18
19
A On a monthly basis.
19
20
Q Do you have a high school diploma?
20
21
A Yes.
21
22
Q Where is your high school diploma from?
22
BLOCKBUSTER.transcript.ledesma -e

Page 20

MS. QUAMIE: I'm going to ask the court
reporter to mark that as Elizabeth Ledesma Exhibit 1.
(Exhibit 1 was marked for identification and
attached to the deposition transcript.)
BY MS. QUAMIE:
Q

Miss Ledesma, have you seen this document

before?
A

Yes.

Q

Do you -- what is that document?

A

It's Notice of Deposition, but the

appointment for today was at 9:30.
Q

I'll represent to you that this is, in fact,

a Notice of Deposition which we sent to your lawyer
and we agreed to change the time to 9:30.
MR. PHILLIPS: Because EEOC counsel is a
little slow to get here, although I was early today.
A

Okay.

Q

So what did you do to prepare for this

deposition today?
A

What do you -- what are you referring to?

Q

Who did you talk to besides your lawyer?

A

With no one.
Pages 17 - 20

Page 33

Page 35

1

A

Yes.

1 working at Blockbuster?

2

Q

Did you respond to her in English?

2

A

3

A

Yes.

3

Q

Yes, yes.

MS. QUAMIE: Just for the record,

4

A

It was from Monday to Saturday and the times

4

Days and now -- and times?

5 Blockbuster reserves the right to object to the -- the

5 I would -- I would go in sometimes at 7, sometimes at

6 witness answering her questions in Spanish and

6 9. There wasn't -- and there wasn't an exact time I'd

7 receiving the benefit of a translator. She has

7 get off.

8 testified that she understands English and

8

9 communicated in English.

9 at 7 or go in at 9?

10

MR. PHILLIPS: And EEOC doesn't agree with

10

Q

How would you determine that you would go in

A

Because Linc would tell us what time we were

11 your characterization of the witness' testimony.

11 supposed to go in.

12 Nevertheless, the record does speak for itself. And

12

Q

Who is Linc?

13 for the reasons previously stated on the record during

13

A

He was the general manager of the warehouse.

14 the Lolita Gonzalez deposition, we believe that an

14

Q

And how did you know it was time to leave?

15 interpreter is necessary.

15

A

When -- when it was all done.

16 BY MS. QUAMIE:

16

Q

Why did your employment end with the Express

17

17 Personnel?

Q

What position did she say that you were

18 hired for when she called you?

18

19

A

Stock.

19 characterization. Misleading. Assumes facts. You

20

Q

Did she say anything else about your

20 can answer.

MR. PHILLIPS: Objection. Object to the

21 position?

21

22

22 aunt, Dolores Gonzalez, were fired.

A

That it was for Blockbuster and she briefly

A

Because my cousin, Lolita Gonzalez, and my

Page 34

Page 36

1 explained to me what we were supposed to do in the

1

Q

Did you choose to leave?

2 warehouse.

2

A

Yes.

3

Q

What did she say you were supposed to do?

3

Q

Did you make that decision on the same day

4

A

Check DVDs and send them to customers when

4 that they were fired?

5 they are ordered.

5

A

Yes.

6

6

Q

How did you know that they were fired?

7 Express Personnel?

7

A

Because Miss -- Mrs. Cinnie Brown called on

8

A

Yes.

8 the phone and told my aunt and cousin, my Aunt Dolores

9

Q

Did she tell you how much you would be paid?

9 Gonzalez and Lolita Gonzalez.

10

A

$10.

10

11

Q

Did you ever receive a pay increase while

11

Q

Was Blockbuster your first assignment with

Q

Called which phone?
THE INTERPRETER: Excuse me?

12 you were working?

12

Q

Called which phone?

13

A

No.

13

A

If I'm not mistaken, Lolita's cell phone.

14

Q

When did your employment end?

14

Q

And where were you when Miss Cinnie Brown

15

A

I don't remember the exact date, but it was

15 called Lolita's cell phone?

16 the same -- but it was the same day that Lolita and

16

A

At -- at the entrance to my house.

17 Dolores Gonzalez were ended.

17

Q

And who did you tell that you were not

18

18 returning to work?

Q

And what were your work hours while you were

19 working at your assignment at Blockbuster?

19

A

Miss Cinnie Brown.

20

20

Q

Did you tell her at that time that she

THE INTERPRETER: I'm sorry, what was your

21 question?

21 called?

22

22

Q

What hours did you work while you were

BLOCKBUSTER.transcript.ledesma -e

A

Yes.
Pages 33 - 36

Page 37

Page 39

1

Q

What did she tell you?

1

A

Because there was a problem with Mr. --

2

A

That I wasn't fired and that I could

2 Kurt, who was the manager.

3 continue to work there.

3

4

Q

And what did you say?

4

Q

What was the problem?

5

A

I wasn't going -- that I wasn't going to

5 repeat.

THE INTERPRETER: I'm going to ask her to

6 return because there was a lot of abuse against us and

6

(Interpreter speaking with witness.)

7 a lot of pressure and stress on us because of the

7

8 harassment of us from Taj, Lincoln, Kofi, Tutu and Taj

8 using a computer. I was standing in front of it near

9 Thomas.

9 Victor Ruiz, another co-worker. Kurt called me in and

A

Michael, another manager, accused me of

10

Q

What did she tell you?

10 Victor Ruiz and asked why we were at the computer. He

11

A

That that was fine, that it had been a

11 gave him a warning but he told me to go home. He

12 pleasure to work with me and that if I ever needed

12 shouted at me, "Don't come back to the warehouse."

13 references, that I could give her phone number out.

13 And the way he did it, he shouted at me in front of

14

Q

Did you ever contact her again?

14 all my co-workers and it made me cry.

15

A

I don't recall.

15

16

Q

Did Miss Cinnie Brown ever contact you again

16

Q

And what did you do, Miss Ledesma?
MR. PHILLIPS: Objection, vague. Please

17 about working again?

17 answer.

18

A

Yes.

18

A

I left the warehouse crying.

19

Q

When did she contact you?

19

Q

And what did you say happened to Mr. Ruiz?

20

A

When Lincoln, Taj were fired from

20

A

They gave him like a warning.

21 Blockbuster.

21

Q

And how do you know that?

22

22

A

Because he was told in front of me when the

Q

Do you recall when that was?
Page 38

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A No, but a bit of time had gone by by then.
1
Q And what did she say when she called?
2
A Whether I wanted to work at the warehouse 3
again.
4
MR. PHILLIPS: Just for the benefit of the
5
reporter, when the witness was referring to Taj, it's 6
spelled T-A-J.
7
Q So when did you return to work?
8
A After she called me a few days later, if I'm
9
not mistaken.
10
Q Did you return to your assignment at
11
Blockbuster?
12
A Yes.
13
Q How long were you working there?
14
MR. PHILLIPS: The second time?
15
MS. QUAMIE: Yes.
16
A Not even a month.
17
Q What were you doing while you were
18
working -- what were your -- what were your duties?19
A The same things that -- the same ones that I 20
had when I worked there the first time.
21
Q Why did you stop working after one month? 22

BLOCKBUSTER.transcript.ledesma -e

Page 40

three of us were in the office.
Q

What is Mr. Ruiz' -- strike that.
Do you know Mr. Ruiz' ethnicity?

A

Race?

Q

Do you know his race?

A

Yes.

Q

What is it?

A

Latino.

Q

Do you know if he's still working at the

facility?
A

I have no idea.

Q

Did you try to contact anyone to return to

Blockbuster after you left?
A

I didn't try to go back, but, rather, I

called up the person from Spherion, S-P-H-E-R-I-O-N,
the new -Q

N or M?

A

M, she said.
THE WITNESS: N.
MR. PHILLIPS: N, yes. Spherion.
THE INTERPRETER: Spherion.

A

The new agency that they used.
Pages 37 - 40

Page 41

Page 43

1

Q

And who did you call at Spherion?

1

MR. PHILLIPS: Objection. Assumes facts.

2

A

I don't remember the first name, but the

2 Please answer.

3 last name I believe was Latoya.

3

4

Q

And what did she tell you?

4 send a letter recounting the events that took place at

A

5

A

That she was going to investigate or look

5 the warehouse.

6 into what had happened.

6

7

7 sending her a letter?

Q

Did you contact Spherion to seek other

Q

Miss Judy Navarro called me and asked me to

Did you communicate with her again before

8 employment?

8

A

Before?

9

When I speak to Miss Latoya, she said she

9

Q

Yes.

10 was going to try to find another job for me, but she

10

A

I don't recall.

11 never -- she never called back.

11

12

12 to mark this as Ledesma Exhibit number 2.

A

Q

And you also said she was going to

MS. QUAMIE: I'm going to ask the reporter

13 investigate? What was -- do you know what she was

13

14 referring to?

14 attached to the deposition transcript.)

(Exhibit 2 was marked for identification and

15

A

To find out what had happened to me.

15 BY MS. QUAMIE:

16

Q

When you left the facility crying, who were

16

Q

Miss Ledesma, do you recognize this

17 you receiving your paychecks from at the time? Was it

17 document?

18 Spherion?

18

A

Yes.

19

A

I believe it was.

19

Q

At the bottom of the first page, EEOC 00519,

20

Q

Do you recall when you started to receive

20 is that your signature?

21 paychecks from Spherion and not Express Personnel?

21

A

Yes.

22

22

Q

Did you type this document?

A

No.
Page 42

1

Q

How did you find out that you would be

2 receiving your paychecks from Spherion? Did anyone
3 call you? Did anyone write you a letter?
4

MR. PHILLIPS: Objection. Assumes facts.

5 Please answer.
6

A

There was a meeting in court and Cinnie

7 Brown were there, and if I'm not mistaken, the lady
8 from Spherion was also there, and they said that they
9 were going to be changing companies, that it would no
10 longer be Express, and that there would no longer be
11 any contracts, is that how you can call it? And that
12 the new company was going to be Spherion.
13

Q

Do you recall when this meeting took place?

14

A

No.

15

MS. QUAMIE: Might be a good time to take a

16 break.
17

MR. PHILLIPS: Yes, please. Thank you.

18

(A brief recess was taken.)

19 BY MS. QUAMIE:
20

Q

Miss Ledesma, when did the EEOC first

21 contact you or when did you first contact the EEOC
22 regarding your termination?
BLOCKBUSTER.transcript.ledesma -e

Page 44

1
A Yes.
2
Q Are these your words in the document?
3
A Yes.
4
Q Did anyone help you with it?
5
A No.
6
Q Is this the letter you sent to Miss Navarro?
7
A Yes.
8
Q And what does it allege?
9
A The things that took place at the warehouse.
10
Q Can you read the first sentence on the first
11 page? On the next page, it's EEOC 00520.
12
A Up to here, right here?
13
Q Just -14
MR. PHILLIPS: Starting with "Todo"?
15
Q Starting with "Todo," the first sentence.
16
A Is that first line up to there, or continue?
17
Q Can you please continue to the end,
18 "sentarme"?
19
THE WITNESS: Okay.
20
MS. QUAMIE: Thank you.
21
A Everything started when Mr. Taj said to me
22 that he wanted to marry me -- he wanted -- when
Pages 41 - 44

Page 45

Page 47

1 Mr. Taj asked me whether I wanted to marry him.

1

Q

Did you tell anyone else?

2

2

A

He would say it in front of everybody.

3 correction. I'm going to start over.

3

Q

When you say "everybody," who are you

4

4 referring to?

THE INTERPRETER: That was an interpreter's
A

Everything started when Mr. Taj asked me

5 whether I wanted to get married to him and whether I

5

A

All the people that worked at the warehouse.

6 wanted to be his girlfriend. One day he asked me

6

Q

How often did he shout at you?

7 whether I would go out with him and I answered I -- I

7

A

Every day.

8 wouldn't, and he got mad. His attitude towards me

8

Q

And how often did he tell you you did bad

9 changed. He would scream -- he would shout at me. He 9 work?
10 would say that I didn't do a good job. He wouldn't

10

11 let me sit down on the chairs. When the other black

11

12 persons would do so, there were extra seats at the

12

A

13 warehouse, and he would not let me sit down.

13

Q

How often was that?

14

14

A

Whenever there were a lot of orders at the

Q

When you referred to Senor Taj, is that

A

When he was very mad.
(Interpreter speaking with witness.)
When he was very upset.

15 Thomas Johnson?

15 warehouse.

16

A

Yes.

16

17

Q

Did you also call him Taj?

17 at you?

18

A

He told us to call him that.

18

A

Yes.

19

Q

What did you call him?

19

Q

Who did you complain to?

20

A

Taj.

20

A

To Linc.

21

Q

How many times did he ask you to marry him

21

Q

Did you tell anyone else?

22

A

I told Miss Brown.

22 and be his girlfriend?
Page 46

1

A

I don't remember exactly how many times, but

2 he did ask me several times.
3

Q

Do you remember the first time?

4

A

He asked me if I wanted to marry him once

5 when I was working at the computer and whether I
6 wanted to go out with him on a different occasion.
7

Q

Do you remember the next time he asked you

8 to marry him?
9

A

As I said before, I don't remember exactly,

10 but he would do so frequently.
11

Q

What did you say to him the first time he

12 asked you to marry him?
13

A

No.

14

Q

Did you complain to anyone that he had asked

15 you to marry him?
16

A

Yes.

17

Q

Who did you complain to?

18

A

To Linc.

19

Q

What did Linc tell you?

20

A

He was surprised. He said to me, "He said

21 that to you?" And I told him, "He did." He laughed.
22 And he told me he was going to speak to him.
BLOCKBUSTER.transcript.ledesma -e

Q

Did you complain to anyone when he shouted

Page 48

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Q What did Linc say when you told him?
A He laughed and said I'll speak to him.
Q Do you know what happened after that?
A What do you mean?
Q After he said he would speak with him, do
you know if he spoke with him?
A I don't know because he kept on shouting.
Q What did you tell Miss Brown?
A That he shouted at me and he was -- he was
on top of everything I did.
Q Do you remember what she said to you?
A That he was going to talk -THE INTERPRETER: I'm sorry, interpreter's
mistake.
A That she was going to talk to him.
(Interpreter speaking with witness.)
A That she was going to talk to Linc.
Q Do you know if she spoke to Linc or if she
did talk to Linc?
A I assume. I don't know. I assume she did.
Q When was the first time that you told
Miss Brown that Taj was shouting at you?
Pages 45 - 48

Page 49

1

A

I don't remember the exact date, but I

Page 51

1

(Record read.)

2 remember that we made a letter -- she told us to put

2 BY MS. QUAMIE:

3 down everything that happened to us in the letter and

3

4 for us to give it to her.

4 something else in there.

5

Q

Who is "us"? When did she tell you --

5

6

A

Lolita, Milagros, me, my Aunt Dolores.

6 in the letter?

7

Q

When did she tell you to put everything in

7

Q

Thank you. I apologize. I thought I heard
What things that Taj said to you did you put
MR. PHILLIPS: If you remember. Don't

8 the letter?

8 guess.

9

A

I don't remember the exact date.

9

10

Q

Did you put everything in a letter?

10 with him and that I didn't do a good job.

11

A

What had happened up to that point I did.

11

Q

Do you remember if there was anything else?

MR. PHILLIPS: And objection, vague.

12

A

No, that was a long time ago.

13 BY MS. QUAMIE:

13

Q

In the first sentence that you read earlier,

14

Q

Did you give Cinnie Brown a letter?

14 you referred to Personas De Color Negro. Who are you

15

A

Yes.

15 referring to?

16

Q

Did you keep a copy of the letter?

16

A

Name?

17

A

No.

17

Q

Yes.

18

Q

Do you recall when you gave a copy of the

18

A

Blyth, B-L-Y-T-H, Mo, Shon, Fernando, Tara,

12

A

Whether I did -- whether I wanted to go out

19 letter to Cinnie Brown?

19 Michelle, Tamaro or Takara, I don't remember, Reggie,

20

A

No.

20 and several other people whose faces I remember but I

21

Q

What did you put in the letter?

21 don't remember their names.

22

A

What did I tell you? The shouting that we

22

Q

Could you read the following sentence

Page 50

Page 52

1 received --

1 beginning, "Un dia me tomo"?

2

2

A

Shall I go on?

3

Q

Yes, just to the end of the sentence.

4 to tell her back what she said. Should I do that?

4

A

"One day he took me by the hand and he

5

5 said -- he asked me whether I wanted to go out with

(Interpreter speaking with witness.)

3

THE INTERPRETER: The witness is asking me
(Interpreter speaking with witness.)

6

THE INTERPRETER: The shouts that we

6 him. Once when some DVDs appeared or -- or turned up

7 received, the things that Taj said to me.

7 in the wrong place, he blamed me. He said it had been

8

8 me.

A

And the things -- oh, and the things that I

9 saw.
10

Q

11
12

9

What threats did you refer to in the letter?
THE INTERPRETER: Excuse me?

Q

What threats did you refer to in the letter?

"I answered him saying whether he had seen

10 me putting those DVDs there, and he told me that if he
11 said that I had put them there, then that was -- that
12 was so.

13 Did you -- did you --

13

14

14 the people that were in the warehouse and he made me

MR. PHILLIPS: I'll let the interpreter

"He started to shout at me in front of all

15 interpret the question and then I'll pose my

15 cry. I went to Linc's office to tell him what had

16 objection.

16 happened and he told me to calm down and to stop

17

17 crying and I said to Linc, 'Why do you let yourself be

THE INTERPRETER: What threats did you

18 receive in the letter, is that -- is that what you

18 bossed around by Taj if -- if he was the general

19 say?

19 manager of the warehouse?' And he started to laugh."

20

MS. QUAMIE: Can we just read back the

20

Q

Do you remember when it was that he took

21 record, please, of her response to what she put in the

21 your hand and asked if you wanted to go out with him?

22 letter?

22

BLOCKBUSTER.transcript.ledesma -e

A

Not the exact day.

Pages 49 - 52

Page 53

1

Q

When did the DVDs turn up in the wrong place

Page 55

1

A

"Mr. Kofi Tutu also asked me intimate

2 that you learned about?

2 questions like whether my period was heavy or light,

3

I'd like to say something further. Can I?

3 whether I shaved my legs and armpits. Once Mr. Taj

MR. PHILLIPS: Answer -- answer only the

4 asked me how long it had been since I had had sex.

A

4

5 question you've been asked.

5

"I respond that it was none of his business.

6

A

What was the question?

6 Once he started to say that his penis was so large

7

Q

What were -- when did the DVDs turn up in

7 that if he put it on top of the table it would fall

8 the wrong place?

8 off and continue rolling."

9

A

I don't remember -- recall the exact date.

9

10

Q

Do you know why Taj thought you were

Q

How often did Kofi ask you about your

10 period?

11 responsible?

11

12

12 was a few.

A

Because those DVDs had just come in, I

A

13 guess, from the other warehouse and I had been the

13

14 person who received them.

14 shaved your legs and armpits?

15

Do you remember exactly what he said to you?

15

A

Yes, like two or three times.

THE INTERPRETER: What he said to you? I'm

16

Q

Did he ask you more than once about how long

Q

16
17 sorry.

Q

Like I don't remember how many times, but it
Did he ask you more than once whether you

17 it had been since you had sex?

18

Q

Do you remember what Taj said to you?

18

A

Who?

19

A

Where the DVDs were, that he was fed up with

19

Q

Who asked you how long it had been since you

20 all this S-H-I-T, that the DVDs had to appear and that

20 had had sex?

21 I should go and look for them throughout the entire

21

A

Taj.

22 warehouse and that I was no good for anything.

22

Q

Did he ask you more than once how long it

Page 54

1

Q

2
3

Did he ask anyone else about the DVDs?
MR. PHILLIPS: Objection, foundation.

Q
A

Yes, the whole warehouse, all the people

6 there.
7

Q

1 had been since you had sex?
2

A

Yes.

3

Q

Do you know how many times he asked you?

4

Do you know if he asked anyone about the

4 DVDs?
5

Page 56

A

Several times.

5

Q

Do you know if anyone else heard him ask you

6 this question?
7

A

What, what do you say?

8 around by Taj?

8

Q

Do you know if anyone else heard him ask you

9

9 that question?

A

Why did you say that Linc was being ordered
Because you could see how he would order him

10 around at the warehouse.

10

11

11 with DVDs, he was always checking me out. The other

Q

Did you complain to anyone else after this

A

Once when I was alone, I was in the back

12 incident?

12 time was, I believe it was in front of my cousin

13

MR. PHILLIPS: Objection. Vague.

13 Lolita.

14

THE INTERPRETER: Excuse me. Objection,

14

Q

How did you know he was checking you out?

15

A

Because he would -- because he would stand

15 what?
16

MR. PHILLIPS: Objection, vague. You can

16 at the corner of the section where I was working, he

17 answer.

17 would -- where I would work and he would -- he would

18

A

Aside from Linc?

18 watch me.

19

Q

Yes.

19

Q

And what do you mean by "checking you out"?

20

A

I don't remember.

20

A

At times he would -- he would watch me

21

Q

Can you read the next paragraph beginning,

21 like -- like his face was -- how do I explain it. He

22 "El Senor Coffee Tutu"?
BLOCKBUSTER.transcript.ledesma -e

22 would look at me from head to -- up and down and he
Pages 53 - 56

Page 57

Page 59

1 would -- he would lick his lips and he would -- he

1 heard him ask you about how long you had -- how long

2 would watch me when I was putting away the DVDs.

2 it had been since you had sex?

3

3

Q

Did you say anything to him when he would do

THE INTERPRETER: Excuse me. Could the

4 these things?

4 question be repeated?

5

A

Yes.

5

6

Q

What would you say?

6

7

A

Yes, to not watch me like that -- to not

7 you -- ask you how long it had been since you had had

Q

I'll repeat the question.
Do you know if anyone else heard Taj ask

8 look at me like that because it made me feel

8 sex?

9 uncomfortable.

9

A

My cousin Lolita. I don't know if anybody

10

Q

Did he respond to you?

10 else.

11

A

Yes.

11

12

Q

What did he say in response?

12 you this?

13

A

He would laugh. He would stay there a

Q

Did you say anything to him when he asked

13

A

That it was not his business.

14 little longer and then he would leave.

14

Q

I'm looking at the sentence that begins,

15

15 "Una vez Q aparecieron," which you read. Who was it

Q

Did you complain to anyone about his

16 checking you out?

16 that referred to his penis?

17

A

Yes.

17

18

Q

Who did you complain to?

18 referred? I'm sorry.

19

A

To Linc.

19

Q

Who was it that referred to his penis?

20

Q

Did you complain to anyone else?

20

A

Taj.

21

A

I don't remember.

21

Q

And did you tell anyone about this comment?

22

Q

Do you know if anyone heard Kofi Tutu ask

22

A

He said it so loud that everybody laughed.

THE INTERPRETER: Who was it that you

Page 58

Page 60

1 you about your period?

1

Q

Who's everybody?

2

A

Yes.

2

A

The people who worked at the warehouse.

3

Q

Who else heard him?

3

Q

Can you read the next paragraph beginning,

4

A

My sister Milagros Ledesma and my cousin

4 "Yo vi varias veces"?

5 Lolita Gonzalez and my aunt Dolores Gonzalez were

5

6 present.

6 paragraph?

7

Q

Did he ask anyone else?

7

Q

To the bottom of the paragraph.

8

A

Yes.

8

A

"Several times I saw how Mr. Taj would touch

9

Q

Who else did he ask?

9 Blyth and Sara. He would touch Sara's breast and

10

A

Lolita and Milagros.

10 vagina and she didn't say anything. He would stand

11

Q

Did you say anything to him when he asked

11 behind Blyth and would brush up against her with his

A

Up to certain or to the bottom of the

12 you this?

12 penis against her butt and she would laugh.

13

A

Yes.

13

14

Q

What did you say?

14 had an affair with her and it seems that she was --

15

A

Why was he asking things like that? Those

15 became pregnant and didn't know whether it was Taj's

"When Takara came to the warehouse, Mr. Taj

16 were intimate things about -- private things about

16 or her husband's.

17 one's self.

17

18

Q

Did you complain to anyone?

18 that Takara arrived at the warehouse, I asked Linc

19

A

Yes.

19 whether I could leave early -- leave work early to

20

Q

Who did you complain to?

20 pick up my daughter from day care because the day care

21

A

To Linc.

21 center closed at 6:30 p.m. and he told me I couldn't

22

Q

Did anyone -- do you know if anyone else

22 and that if I couldn't stay late, that I should go

BLOCKBUSTER.transcript.ledesma -e

"During the time that Takara -- at the time

Pages 57 - 60

Page 61

Page 63

1 look for another job. But when Takara asked whether

1

A

Because Taj would say so.

2 she could leave early to take -- to attend to her

2

Q

What did he say?

3 husband, he accepted without any objection."

3

A

Taj would -- would mention to his friend

4

4 that he -- he was with her and that he would go out

MS. QUAMIE: May I ask the interpreter,

5 please, to translate the phrase in the fourth line of

5 with her.

6 that paragraph, "Rosaba las naglas."

6

7

7 Taj or by Taj?

THE INTERPRETER: The fourth line, yes.

Q

Why do you think she became pregnant with

8 Brush up against her buttocks, her butt. Buttocks,

8

9 probably, is more correct.

9 testimony. Assumes facts. You can answer.

MR. PHILLIPS: Objection. Misstates prior

10

MS. QUAMIE: Thank you.

10

11

THE INTERPRETER: Because the interpreter

11 ask?

12 comments that it's -- we would like to add that that's

12

13 actually a more formal way than butt.

13

14

14

THE INTERPRETER: I just want to -- may I

MS. QUAMIE: The entire phrase, "Rosaba las

MS. QUAMIE: Uh-hmm.
(Interpreter speaking with witness.)
A

The second time I came to the warehouse, a

15 nalgas."

15 friend of Takara's, and I don't remember her name,

16

16 said in front of everybody that Takara had become

THE INTERPRETER: Brushed up against --

17 starting with "Rosaba las nalgas" or from the

17 pregnant and she didn't know whether it was from Taj

18 beginning of the line?

18 or from her husband and that she was going to have an

19

MS. QUAMIE: "Rosaba las nalgas."

19 abortion or something like that.

20

MR. PHILLIPS: Brushed up against her

20

Q

How did you know -- how do you know that

21 buttocks.

21 Takara asked to leave early to help her husband?

22

22

MS. QUAMIE: Okay, thank you.
Page 62

1 BY MS. QUAMIE:
2

Q

Do you recall when you saw Taj touch Sara?

3

A

When it started? I don't understand.

4

Q

When was the first time that you saw Taj

5 touch Sara?
6

A

I don't remember the exact date.

7

Q

Do you recall it happened about how many

8 times?
9

A

Just about every day.

10

Q

What did you say? Did you say anything when

11 he touched her?
12

A

No.

13

Q

Did you see Sara do anything or say anything

14 in response?
15

A

No, he -- she would just laugh.

16

Q

Did you say anything when you saw her -- Taj

17 touch Blyth?
18

A

No.

19

Q

Was it on more than one occasion?

20

A

Yes.

21

Q

How do you know that Taj and Takara had a

22 romance?
BLOCKBUSTER.transcript.ledesma -e

A

Because she did it before I did.
Page 64

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Q Did she ask him in front of you?
A I was standing near the door of the office
and it was open, I was standing there by it, yes, I
heard.
Q Do you know why she asked to leave early?
A She said that she had to cook for her
husband.
Q Did you hear her say anything else?
A No.
Q Did you ask Linc to leave early more than
once?
A Yes.
Q How many times did you ask to leave early?
A I don't recall.
Q Do you recall what time you were scheduled
to work the day that you asked to leave early?
A As I said before, we didn't have an exact
time we got off, but it was later than 6:30.
Q Do you recall what time you asked to leave?
A I don't understand.
Q Do you recall what time you wanted to leave
the facility to pick up your daughter?
Pages 61 - 64

Page 65

1

A

At 6:00.

2

Q

Can you turn to the following page. Would

3 you read the paragraph beginning "Cuando" and ending
4 at "con ellos"?
5

A

"When Michelle arrived, a black girl who's a

6 friend of Mo's, Michelle had a relationship with
7 Mr. Tutu and also they would favor her just like with
8 all Mr. Taj's friends who were Fernando, Aaron, Shon,
9 Reggie and Michelle. All of them made mistakes when
10 they put back the DVDs, but they wouldn't say anything
11 to them. They would comment in front of Taj that they
12 would take and use marijuana and he would laugh with
13 them."
14

Q

Who is Mo?

15

A

A girl who works at the warehouse.

16

Q

How do you know that Michelle had a

17 relationship with Mr. Tutu?
18

A

Once they kissed each other in front of me.

19 They would leave together and they would arrive
20 together. And she would say stuff.
21

Q

Would she tell you?

22

A

She would mention it in front of me.

Page 67

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

A Who?
Q Did anyone tell you to stand?
A Yes.
Q Who told you to stand?
A Taj and Tutu.
Q Did you ask to sit down?
A Yes, because sometimes I would be working
longer than eight hours.
Q And who did you ask to sit down?
A Taj and Tutu.
Q What did Taj and Tutu say?
A No.
Q Did they say anything else?
A That they didn't want me to, to sit down.
Q Do you know if anyone else asked to sit
down?
A Several people did.
Q How do you know that Michelle would make
mistakes?
A Because the movies had to be -- the movies
that we would look for that the clients would be
ordering, the movies were supposed to be in their

Page 66

1

Q

Did you ever speak with Michelle about a

Page 68

1 place, and in her section they wouldn't -- they were

2 relationship with Mr. Tutu?

2 either not in their place or, if they were in their

3

A

No, no, I don't remember.

3 place, they were not under the right letter. They

4

Q

How would he make favors for Michelle?

4 would be under a different letter.

5

A

He would let her sit down and Dolores and

5

Q

What type of favors did he -- did Taj do for

6 Lolita and I would have to be standing.

6 Aaron? Excuse me, strike that.

7

7

Q

Was there any other way that he provided

Yeah, what kind of favors did Taj do for

8 favors to Michelle?

8 Fernando?

9

9

A

When she would make mistakes, he wouldn't

A

He wouldn't mention any of the mistakes that

10 say anything.

10 he would make. He would allow him to come in late.

11

Q

Is there anything else?

11 When we would be -- when there was a break, he would

12

A

I can't recall at this time.

12 take whatever length of time he wanted.

13

Q

Did anyone else have to stand besides you,

13

Q

What kind of favors did he do for Aaron?

14 Dolores and Lolita?

14

A

The same ones.

15

15

Q

What kind of favors did he do for Shon?

16 I'm not mistaken another guy whose name was Sergio,

16

A

He didn't say anything -- anything about the

17 Chad, Kevin and another guy, a Latino, Jimmy. That --

17 mistakes he would make, when he would count the number

18 his name is Jimmy. And Dolores, Lolita -- Lita --

18 of DVDs to figure out the rate of -- that we would

19 Dolores, Lita, L-I-T-A. That's all I can remember at

19 process per day, he would -- he would pad his count.

20 this time. I can't remember anybody else at any

20 And the same thing, he would come in late and he would

21 other -- anyone else at this time.

21 come back from breaks late and he wouldn't say

22

22 anything to him.

A

Q

No, it was Milagros, Lolita and me, and if

Did he tell you to stand?

BLOCKBUSTER.transcript.ledesma -e

Pages 65 - 68

Page 89

Page 91

1 You can answer if you can.

1 not read in context. The preceding sentence was not

2

A

No, could you explain it to me?

2 read, but you can answer the question.

3

Q

I'm going to reread the phrase, "Such as

3 BY MS. QUAMIE:

4 assignment of additional duties." Were you assigned

4

Q

You can answer.

5 additional duties?

5

A

When we would get off, they would -- they

6

6 would check our purse. Sometimes they would check our

MR. PHILLIPS: Objection. Vague. Answer if

7 you can.

7 lockers. They even check our food when we would eat

8

A

At the warehouse?

8 it, sometimes.

9

Q

Yes.

9

Q

And who is "they"?

10

A

I received DVDs. I would check to see

10

A

Taj. It depended on who was at the door.

11 whether the DVDs were damaged. I would put them -- I

11 Taj, Linc, Tutu.

12 would take them out of their envelope and put them

12

Q

Did anyone else check your property?

13 back in the label -- in the envelopes with the labels.

13

A

I don't remember.

14

14

Q

When did they check your property?

15 anyone else?

15

A

When we would get off. The locker, when

16

16 the -- the lockers were in the place where you eat,

Q

Were you ever asked to do more duties than
MR. PHILLIPS: Same objection. You can

17 answer.

17 and sometimes they would be there opening up the

18

18 lockers.

A

At times when DVDs were lost, we were made

19 to stay to look for them until they were found until

19

20 whatever hour it was, every one of us.

20 property they had not searched?

21

21

Q

I'm going to jump to the next paragraph,

22 number 20. The sentence begins, "Such harassment" and

Q
A

Do you know if there were individuals whose
When, the first time I worked at the

22 warehouse or the second time?

Page 90

Page 92

1 it reads, it states, "Such harassment and other

1

Q

The second time.

2 discriminatory terms and conditions of employment

2

A

They didn't check anybody's -- Taj's

3 included but are not limited to."

3 friend's jackets, the oversized jackets, nor Blyth or

4

4 Sara. I don't remember who else.

THE INTERPRETER: Do you want to continue or

5 are you going to continue?

5

Q

What about the second time?

6

6

A

I don't remember.

7 translate it or not.

7

Q

After personal property, on the next line,

8

8 the phrase begins "subjecting them to discriminatory

MS. QUAMIE: I don't know if you want to
THE INTERPRETER: Since I'm reading, it's

9 okay, you can finish whatever it is you're going to

9 work standards, hours of work and training

10 refer to.

10 opportunities." It's on the bottom of page 6.

11

11

Q

"Making threats and using physical gestures

THE INTERPRETER: Do you want to ask a

12 to intimidate them, yelling at them, insulting them

12 question --

13 and leveling unwarranted criticisms of their work,

13 BY MS. QUAMIE:

14 making searches of their personal property,

14

15 excessively monitoring their activities, making false

15 "subjecting them to discriminatory work hours"?

16 accusations about them, subjecting them to

16

17 discriminatory work standards, hours of work and

17 Answer if you can.

18 training opportunities, racial comments and other

18

A

No, I don't.

19 discriminatory terms and conditions of employment."

19

Q

Were you given different training

20

Did anyone search your personal property?

20 opportunities than other workers at the facility?

21

MR. PHILLIPS: And I'll object to the

21

22 question to the extent the sentence that was read is
BLOCKBUSTER.transcript.ledesma -e

Q

Do you know what the phrase means,
MR. PHILLIPS: Objection. Lacks foundation.

A

They only let us do the DVDs, check DVDs,

22 pick them up when a lot of DVDs came in, Linc let me
Pages 89 - 92

Page 93

Page 95

1 receive them.

1

2

2 BY MS. QUAMIE:

Q

Were you trained or taught to do your work

(A brief recess was taken.)

3 at the facility by anyone?

3

4

A

What do you mean?

4 what's been marked as Elizabeth Ledesma number 4. If

5

Q

Did anyone show you how to do your job?

5 would, please, turn to page 16. The last line reads,

6

A

Yes.

6 "Ledesma also learned from co-worker Fernando Holquin

7

Q

Who did?

7 that Johnson told him he was having fantasies about

8

A

Lolita taught me when I arrived because Linc

8 having sex with her in the warehouse."

9 told her to teach me.

Q

9

Miss Ledesma, so you have in front of you

Were you able to hear the translation?

10

Q

Did anyone else show you how to do your job?

10

11

A

No.

11

12

Q

When Lolita showed you how to do your job,

12 think she may have been distracted.

A

A little bit.
MS. QUAMIE: Would you please repeat? I

13 did she communicate with you in English or Spanish?

13

MR. PHILLIPS: I apologize.

14

A

Spanish.

14

MS. QUAMIE: That's okay.

15

Q

I don't have any other questions on this

15

Q

And who is Fernando Holquin?

16 document.

16

A

A worker in the warehouse.

17

17

Q

What is his race?

18 (indicating), did anyone talk to you about your

18

A

Black.

19 allegations?

19

Q

Did you tell anyone about your conversation

20

20 with Fernando about what Johnson told him?

After you submitted your letter to the EEOC,

MR. PHILLIPS: May I ask for clarification?

21 Anyone from the EEOC, is that what you're asking, or

21

A

No, I don't remember.

22 anybody?

22

Q

The sentence beginning Ledesma, about three

Page 94

1
2

MS. QUAMIE: Sure.
Q

Did anyone from the EEOC interview you about

Page 96

1 lines down, "Ledesma also was present when Johnson
2 made statements about his penis, described more fully

3 your allegations?

3 below, and on one occasion when Johnson pointed to

4

A

What are allegations?

4 scratches on his hands and boasted that they were a

5

Q

Did -- I'll ask the question differently.

5 result of having sex on a carpet."

6 Did anyone from the EEOC ask you about the statements

6

7 you made in your letter?

7 here.

8

A

Yes.

8 BY MS. QUAMIE:

9

Q

Who did?

9

10

A

Him and Miss -- Miss Marisol.

10 Johnson pointed to the scratches on his hands?

11

Q

By "him" are you referring to your lawyer?

11

12

A

Yes.

12 the warehouse.

13

MR. PHILLIPS: Yes, the record will reflect

13

THE INTERPRETER: I lost it. Oh, it's up

Q
A
Q

Do you remember who else was present when
He said it out loud. Everybody was there at
Did you complain to anyone when you heard

14 she was gesturing to me.

14 him make that statement about the scratches?

15

MS. QUAMIE: Thank you.

15

A

To Linc.

16

I'm going to ask the reporter to mark this

16

Q

Did anyone else go with you when you went to

17 document as Elizabeth Ledesma Exhibit 4.

17 complain to Linc?

18

18

A

I don't remember at this time.

19 attached to the deposition transcript.)

19

Q

Two sentences down, "Ledesma also witnessed

20

THE WITNESS: Can I use the restroom?

20 Johnson fondling Emetem Nkewett and Yasmina Assoumanou

21

MS. QUAMIE: Sure, we can take a break.

21 on their breasts, buttocks and genitalia through their

(Exhibit 4 was marked for identification and

22 This is a good time.

BLOCKBUSTER.transcript.ledesma -e

22 clothes, which she found very offensive."

Pages 93 - 96

Page 97

1

Do you know who Emetem Nkwetta is?

2

A

3

Q

Is Yasmina Assoumanou known by another name?

4

A

If I'm not mistaken, it's Sara.

5

Q

I have no other questions on this document.

6

I think it's Blyth.

Other than the complaints that we spoke

7 about, did you talk to Cinnie Brown about any other
8 complaints against Blockbuster employees?
9

THE INTERPRETER: I'm sorry, did you talk to

10 Cinnie Brown about what other what?
11

MS. QUAMIE: Complaints about any other

12 Blockbuster employees.
13

A

Who are you referring to?

14

Q

Did you complain to Cinnie Brown on any

15 other occasions than the ones we discussed?
16

A

17

At this time I can't remember.
MS. QUAMIE: If you would mark this, please,

18 as Elizabeth Ledesma number 5.
19

(Exhibit 5 was marked for identification and

20 attached to the deposition transcript.)
21 BY MS. QUAMIE:
22

Q

Miss Ledesma, you've been handed what's been

Page 99

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2
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

A The same days?
Q Yes.
A Yes.
Q Did you always work the same days?
A Yes.
Q Did you ever see anyone touch her?
A No.
Q Did you ever hear anyone make any sexual
comments toward her?
A Once Taj said to her that she had a nice
body and that her body was fine for her age, that it
was well put together. Not -- not to her. To me.
Q Did you ever hear anyone say to your Aunt
Dolores or make any sexual comments to your Aunt
Dolores?
MR. PHILLIPS: You mean said directly to
Dolores?
MS. QUAMIE: Correct.
BY MS. QUAMIE:
Q Said directly to your aunt.
A I don't remember at this time.
Q Did you ever hear anyone make any racial

Page 98

Page 100

1 marked as Exhibit number 5. Do you recognize this

1 comments directly to your Aunt Dolores?

2 document at all? I'll give you a moment to look

2

A

What do you mean "racial"?

3 through it.

3

Q

Did you ever hear anyone make any comments

4

4 to your aunt that made you uncomfortable because it

A

If I'm not mistaken, this is that handbook

5 given by Express when they hire people.

5 referred to her race or nationality?

6

Q

Do you remember receiving the handbook?

6

A

I don't remember at this time.

7

A

I don't recall.

7

Q

How often do you speak with your cousin

8

Q

I don't have any other questions about that.

8 Lolita?

9

And you said Dolores Gonzalez is your aunt?

9

A

Just about every day.

Q

Did you speak with her about this

10

A

Yes.

10

11

Q

How often do you speak with her?

11 deposition?

12

A

You mean weekly or monthly? How often?

12

A

No.

13

Q

How many times in a week do you speak with

13

Q

Have you spoken with her about this lawsuit

14 her?

14 outside of the presence of Mr. Phillips?

15

A

One, two or three times.

15

A

No.

16

Q

Did you speak with her about the deposition?

16

Q

Did you ever see anyone touch Lolita in a

17

A

No.

17 sexually offensive manner?

18

Q

Have you spoken with her about this lawsuit

18

A

I can't remember at this time.

19 outside of the presence of your attorney?

19

Q

Did you work the same days as Lolita at the

20

A

No.

20 warehouse?

21

Q

Did you work with her at the warehouse; did

21

A

Yes.

22

Q

Did Lolita ever complain to you about any

22 you work at the same time?
BLOCKBUSTER.transcript.ledesma -e

Pages 97 - 100

Page 101

Page 103

1 sexual comments made towards her that you had not

1 you," I'm sorry, what do you mean by that, for the

2 heard -- that you were not present for?

2 interpretation?

3

3

THE INTERPRETER: Could you repeat that,

Q

Did Cinnie Brown call you while you were

4 please?

4 working at the warehouse to ask you how things were

5

5 going at the warehouse?

Q

Did Lolita ever complain to you about any

6 sexual comments that you were not present for?

6

7

A

Yes.

7 times.

8

Q

What did she tell you?

8

9

A

Could you repeat the question?

9 facility to ask how you were doing at work?

10

Q

What did she tell you?

10

11

A

The earlier question.

11 people came by. They were from Blockbuster, but I

12

Q

Did Lolita ever complain to you about sexual

12 don't know their name.

A
Q
A

Yes, she did call me once. Once or a couple
Did anyone else call you or come by the
Once Cinnie Brown came by and then two other

13 comments that you were not present for?

13

Q

Do you remember what they asked you?

14

A

Yes.

14

A

About how -- what the atmosphere was like at

15

Q

What did she tell you?

15 the warehouse, whether I was -- whether there was

16

A

That Taj -- Taj spoke about her body.

16 mistreatment and whether I saw non professional things

17

Q

Did she tell you what he said?

17 take -- going on at the -- there.

18

A

I can't remember at this time, but she did

18

Q

Do you remember what you told him?

19

A

What Taj had done, how he shouted at us, how

19 tell me.
20

Q

Did you ever hear anyone make any racially

20 he mistreated us, how he would always be checking up

21 offensive comments to Lolita?

21 on us, how he would insult us and he would use cuss

22

22 words, swear at us, how he would ask me out, he was

A

Yes.
Page 102

Page 104

1

Q

Who did you hear?

1 always staring at me and checking me out, and how I

2

A

Taj and Linc.

2 had seen what he had done to Emetem, to Blyth and

3

Q

What did Taj say?

3 Sara, and that's all. And when they went there, that

4

A

That she was a good for nothing. And he

4 was -- that was what had happened up to that point.

5 would make fun of her.

5

Q

Do you remember when that was?

6

Q

How would he make fun of her?

6

A

No.

7

A

He would say -- sometimes he would say she

7

Q

Do you know or remember who Niema Fields is?

8 was slow, slow.

8

A

No.

9

Q

What would Linc say?

9

Q

Fayana Charlton, do you remember -- do you

10

A

That she was also slow, she was

10 remember who she is?

11 thick-skulled and several other things, but I can't

11

12 remember at this time.

12

13

13

Q

Did you complain about those comments to

THE INTERPRETER: I'm sorry?
MS. QUAMIE: Fayana Charlton.
A

As I said before, I don't remember names,

14 anyone?

14 but I do remember faces.

15

A

Yes, to Linc.

15

Q

Do you remember who Fayana Charlton is?

16

Q

And when Linc would make those comments, did

16

A

No.

17 you complain to anyone about the comments Linc made?

17

Q

Who is LaQuanta Brinson?

18

18

A

A girl who worked at the warehouse.

19 would speak with her.

19

Q

Do you think that she received more

20

20 favorable treatment than you at the warehouse?

A
Q

To Cinnie Brown on the occasions that I
While you were working at the warehouse, did

21 Cinnie Brown call to check up on you?

21

22

22 answer.

THE INTERPRETER: When you said "check up on

BLOCKBUSTER.transcript.ledesma -e

MR. PHILLIPS: Objection, vague. You can

Pages 101 - 104

Page 105

1

A

LaQuanta, if I'm not mistaken, she wasn't

Page 107

1 Michelle touched in a sexually offensive manner?

2 treated well either. Taj would insult her also.

2

3

Q

Do you remember what Taj would say to her?

3 that I'm talking about?

4

A

That he was going to hit her and that she

4

Q

Is there another Michelle?

5 was -- I believe she was a lesbian and he would make

5

A

The one that she talked about.

6 that comment and he would call her a damn lesbian.

6

Q

Speaking of a Michelle that you were talking

7

7 about earlier, can you recall if anyone else -- if

Q

Who would he call her a damn lesbian in

A

What Michelle are you talking about, the one

8 front of?

8 anyone touched her in a sexually offensive manner?

9

A

In front of all the people at the warehouse.

9

10

Q

What -- do you know what race LaQuanta

THE INTERPRETER: Do you remember if you saw

10 or did anybody --

11 Brinson is?

11

12

A

If I'm not mistaken, she was black.

12 sexually offensive manner?

13

Q

Did you hear anyone else make any other

13

A

Yes, I did see her get touched by someone.

14

Q

By whom?

THE INTERPRETER: About LaQuanta Brinson or 15

A

Kofi Tutu.

16

Q

Did you ever tell anyone that you saw

14 sexual comments towards LaQuanta Brinson?
15
16 to?
17

MS. QUAMIE: To LaQuanta Brinson.

Q

Do you remember seeing anyone touch her in a

17 Michelle being touched by Kofi Tutu?

18

A

I can't remember at this time.

18

A

Yes, Linc.

19

Q

Did you ever hear anyone making any racial

19

Q

Did you tell anyone else?

20 comments to LaQuanta Brinson?

20

A

I can't recall at this time.

21

A

What do you mean "racial"?

21

Q

Did you hear anyone making any sexual

22

Q

Did you ever hear anyone making any comments 22 comments to her?
Page 106

Page 108

1 towards her referring to her race?

1

A

What do you mean by sexual comments?

2

A

I can't -- I can't remember at this time.

2

Q

Did you ever hear anyone make any comments

3

Q

Do you keep in touch with Michelle Despertt?

3 to her that you found sexually offensive?

4

THE INTERPRETER: Michelle Despertt?

4

A

That were offensive to me?

5

MS. QUAMIE: Uh-hmm.

5

Q

Yes.

6

A

Who is she?

6

A

I don't understand the question.

7

Q

Did you work with someone named Michelle at

7

Q

Did you ever hear anyone make comments to

8 the warehouse?

8 Michelle that made you uncomfortable or that made you

9

9 feel offended because they were sexual in nature?

A

Yes, but I don't know if that's the same

10 Michelle.

10

A

Yes.

11

11

Q

Who did you hear make those comments?

12 the warehouse that you know of?

12

A

Tutu.

13

A

I can't remember at this time.

13

Q

Do you remember what he said?

14

Q

The Michelle you're thinking of, is she --

14

A

Something about -- about, how can I explain

Q

Did you work with more than one Michelle at

15 do you know what race she is?

15 it -- the way in which he had sex.

16

A

Yes, black.

16

17

Q

And did you ever see anyone touch Michelle

17 with Michelle?

Q

Do you remember if he was referring to sex

18 in a sexually offensive manner?

18

A

I don't remember at this time.

19

19

Q

Do you remember why you were offended?

20 talking about?

20

A

Because these things were being said in

21

21 front of people.

A
Q

It's -- it's the same Michelle that we were
Were there any other -- were there any other

22 occasions that we have not discussed in which you saw 22
BLOCKBUSTER.transcript.ledesma -e

Q

Did you complain to anyone about those
Pages 105 - 108

Page 109

Page 111

1 comments?

1 comments to Milagros?

2

A

To Linc.

2

A

Sexual comments, what do you mean?

3

Q

And do you recall what he said?

3

Q

Did you ever hear anyone make any comments

4

A

Who?

4 that you found offensive because they were sexual in

5

Q

Linc.

5 nature?

6

A

He laughed.

6

A

Yes.

7

Q

Did he say anything?

7

Q

Who did you hear?

8

A

No.

8

A

Tutu.

9

Q

Did you talk to anyone else about those

9

Q

Have we already discussed those comments?

10 comments?

10

A

It was the same things about whether she

11

A

I can't recall at this time.

11 shaved her legs or armpits, how long it had been since

12

Q

Did you ever hear anyone make sexual

12 she had sex, whether her periods were light or heavy.

13 comments towards Blyth?

13

Q

Were there any other comments?

14

A

Taj.

14

A

At this time I can't recall.

15

Q

Do you recall what Taj said to her?

15

Q

Did you ever hear anyone make any comments

16

A

That she should bathe because her, you know

16 towards her that referred to her race?

17 what I mean, stunk.

17

A

18

Q

Do you know what he was referring to?

18

Q

And what did Taj say?

19

A

To her vagina.

19

A

That she was stupid and that she was an

20

Q

Did he use that word?

20 S-H-I-T.

21

A

I can't remember -- I can't remember at this

21

Q

Do you know who Grisel Nunez is?

22

A

Yes.

22 time, but he was referring to that.

Taj.

Page 110

Page 112

1

Q

How do you know?

1

Q

Who is she?

2

A

Because he said so. He said she should

2

A

A girl who works at the warehouse.

3 bathe because it's hot in the warehouse and -- and

3

Q

Do you keep in touch with Grisel Nunez?

4 odors come out from down there.

4

A

No.

5

Q

Do you remember if he said "down there"?

5

Q

Do you know if she still works at the

6

A

I can't recall at this time.

6 warehouse?

7

Q

Do you recall if he made any other comments

7

A

No, I don't.

8 that you thought were sexually offensive towards

8

Q

Did you work with her at the warehouse?

9 Blyth?

9

A

Yes.

Q

Did you ever see anyone touch Grisel in a

10

A

No, I can't recall.

10

11

Q

Did you ever hear anyone make any comments

11 sexually offensive manner?

12 towards Blyth that you found offensive because they

12

A

No.

13 referred to her race?

13

Q

Did you ever hear anyone make any comments

14

A

No.

14 to Grisel that you found offensive because they were

15

Q

Did you ever see anyone touch your sister

15 sexual in nature?

16 Milagros in a sexually offensive manner at the

16

A

No.

17 warehouse?

17

Q

Did you ever hear anyone make any comments

18

A

No.

18 to Grisel that you found offensive because they

19

Q

Did Milagros ever tell you that someone

19 referred to her race or her nationality?

20 touched her in a sexually offensive manner?

20

A

I can't recall at this time.

21

A

I can't recall at this time.

21

Q

What's your relationship -- relationship to

22

Q

Did you ever hear anyone make any sexual

22 Lolita Zubiate?

BLOCKBUSTER.transcript.ledesma -e

Pages 109 - 112

Page 113

Page 115

1

A

She's my aunt. She's my mother's sister.

1

2

Q

What's your mother's name?

2 make any comments towards your Aunt Lita that you

3

A

Ava.

3 thought was offensive because it was sexual?

4

Q

And what's her last name?

4

A

No.

5

A

Zubiate.

5

Q

Did you ever hear anyone make any comments

6

Q

Thank you.

6 towards your aunt that you thought was offensive

7

And how often do you speak with your Aunt

8 Lita?
A

More or less two or three times a month.

10

Q

Do you remember the last time you spoke with

Did you ever hear anyone at the warehouse

7 because they referred to her race or they were racist?
8

9

Q

A

Taj said she was real slow, that he had

9 never seen anybody so slow at working.
10

Q

Were there any other comments?

11

A

Not -- not that I can recall at this time.

Yesterday.

12

Q

Do you know who Gilda Arevalo is?

11 her?
12

A

13

Q

Have you spoken with her about this lawsuit?

13

A

Yes.

14

A

No, sir.

14

Q

Who is she?

15

Q

Have you spoken with her about this

15

A

My aunt.

16 deposition?

16

Q

Do you keep in touch with her?

17

A

No.

17

A

Sometimes.

18

Q

Do you know if she -- where she currently

18

Q

When was the last time you spoke with her?

19

A

Mother's Day.

19 works?
20

A

At a school.

20

Q

Did you speak with her about this lawsuit?

21

Q

Do you know when she stopped working at the

21

A

No.

22

Q

Did you work with her at the warehouse?

22 warehouse?
Page 114

Page 116

1

A

I can't recall at this time.

1

A

2

Q

Do you remember if it was before you stopped

Yes.

2

Q

Do you know where she works now?

3 working at the warehouse or after you stopped working

3

A

No.

4 at the warehouse?

4

Q

Did you ever see anyone touch her in a

5

A

Before.

5 manner that was offensive because it was sexual in

6

Q

Do you remember why she stopped working

6 nature?

7 there?
8

A

7
He would bother her a lot. He would -- he

9 would be always hovering over her and looking at how

A

No.

8

Q

Did you ever hear anyone make any comments

9 to her that you thought was offensive -- that you

10 many DVDs she'd do and how well she did it. It would

10 thought were offensive because they were sexual in

11 cause a lot of stress. He was always checking out

11 nature?

12 what she was doing. He would pick up a piece of paper 12

A

No.

13 and hit it down on the -- in front of her and bother

13

Q

Did you ever hear anyone make any comments

14 her a lot.

14 to her that you thought were offensive because they

15

Q

How do you know that he bothered her?

15 were racial -- racist in nature or referred to her

16

A

Because I was at a table right across and

16 race?

17 she was at one table and he would stand up right by

17

A

No.

18 her and beat down on the table.

18

Q

What is her race or nationality?

19

Did you ever see anyone touch your Aunt Lita

19

A

She's a Peruvian Latino.

20 in a manner that you thought was sexually offensive --

20

Q

Did you ever observe her being treated

21 that you thought was offensive because it was sexual?

21 differently because of her race?

22

22

Q

A

No.

BLOCKBUSTER.transcript.ledesma -e

A

No.
Pages 113 - 116

Page 117

1

Q

2
3

1

Q

Did he say anything?

2

A

"How nice."

Yes.

3

Q

What race -- do you know what race Sara is?

A

Black.

Q

Did you ever hear anyone make any comments

Did you ever -- strike that.
Do you know someone by the name of Say Wing?

A

Page 119

4

Q

Who is she?

4

5

A

A warehouse person.

5

6

Q

When is the last time that you spoke with

6 towards Sara that you thought was offensive because it
7 was -- it referred to her race?

7 her?

8

A

No.

9

Q

Who is Victor Ruiz?

10

A

A warehouse worker.

11 manner that you thought was offensive because it was

11

Q

Are you related to Victor Ruiz?

12 sexual in nature?

12

A

No.

13

13

Q

Do you recall when the last time was you

8

A

I can't remember. It was the last time that

9 I left -- that I left the warehouse.
10

Q

A

14

Did you ever see anyone touch Say Wing in a

No.

14 spoke with Mr. Ruiz?

(Discussion off the record.)

15 BY MS. QUAMIE:

15

A

A couple of months ago.

16

We were talking about Say Wing. Do you

16

Q

Did you speak with him about this lawsuit?

17 remember whether anyone made any comments towards Say

17

A

No.

18 Wing that you thought were offensive because they were

18

Q

Did you ever hear Mr. Ruiz making sexual

19 sexual in nature?

19 comments at the warehouse?

20

A

No.

20

A

No.

21

Q

Do you know if anyone ever made any comments

21

Q

Did you ever hear anyone make any comments

Q

22 to Mr. Ruiz that you thought were offensive because

22 toward her that you thought were offensive because
Page 118

1
2
referred to her race?
3
A No.
4
Q Are you aware of whether she ever complained
5
about sexual harassment at the workplace?
6
A No, I don't know. I'm not aware.
7
Q Do you keep in touch with Sara?
8
A No.
9
Q When was the last time that you saw her?
10
A I can't recall at this time.
11
Q Have you seen her or spoken with her since
12
you left the warehouse?
13
A No.
Q Did you ever hear anyone make any comments 14
towards Sara that you thought were offensive because 15
16
they were sexual in nature?
17
A Comment?
18
Q Did you ever hear anyone at the warehouse
19
say anything to Sara that you thought was offensive
20
because it was sexual in nature?
21
A When Taj would grab her breasts and her
22
buttocks.

1 they were -- because they were racist in nature or
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

BLOCKBUSTER.transcript.ledesma -e

Page 120

they referred to his race?
A No.
Q Do you know who Takara Martin is?
A A warehouse worker.
Q Do you remember her race?
A Black.
Q What are you seeking from this lawsuit,
Miss Ledesma?
MR. PHILLIPS: Objection, foundation.
Answer the question, please.
A What are you talking about?
Q Are you seeking to receive any money from
this lawsuit?
A I don't know.
Q Do you feel that you suffered emotionally
from your experience working at the warehouse?
A Yes.
Q How have you suffered emotionally?
A Humiliation, depression.
Q What do you mean by humiliation?
A The way I was treated isn't the way that a
human being should be treated.
Pages 117 - 120

Page 121

Page 123

1

Q

And what do you mean by depression?

1

A

Yes.

2

A

Sometimes I didn't even want to get out of

2

Q

Do you remember where you were looking?

3 bed to go to work because I knew what was waiting for

3

A

Different -- different websites.

4 me at the warehouse.

4

Q

Do you remember any other websites?

5

5

A

No.

6 depression?

6

Q

And do you remember how you found out about

7

A

From the time that Taj began to shout at me.

7 the job at Limited Too?

8

Q

Have you seen any healthcare professionals

8

Q

When did you first start feeling the

9 for your depression?

A

Because I went to the mall and I applied

9 there.

10

A

No.

10

Q

11

Q

Why not?

11 Limited Too?

12

A

Because I didn't have time because I was

12

A

And why did you leave your position at
Because I had a kidney operation and I had

13 working at the warehouse. If I wasn't working at the

13 to leave.

14 warehouse, I had to -- I couldn't because I had to

14

15 look for work.

15 Limited Too was there between when you started at

16

Q

Are you currently working?

16 Claire's?

17

A

Yes.

17

18

Q

Where are you working now?

18 went back to Limited Too, they had -- after the

19

A

Claire's.

19 operation, they had hired someone else, and so I

20

Q

And how long have you been working there?

20 applied at Claire's.

21

A

A year and three or four months.

21

22

Q

Where were you working before Claire's?

22 Claire's?

Q

A

Q

And how much time in between when you left

A month. The same month. Because when I

And how much are you currently earning at

Page 122

1

A

2
3
4

At Limited Too.

1

Q

How long were you working there?

2

A

Two years.

3

Q

And where were you working before Limited

4

5 Too?
6

Page 124

A

(THE FOLLOWING PORTION WAS DESIGNATED AS
CONFIDENTIAL AND IS BOUND SEPARATELY.)
(THIS CONCLUDES THE CONFIDENTIAL PORTION.)

5

Let me recall. I believe it was Spherion.

MR. PHILLIPS: For the record, we'll renew

6 our objection as to examination on mitigation and

7 It was at the time I left the warehouse.

7 earnings. Any earnings information we'll designate as

8

8 confidential pursuant to a protective order. But,

Q

How much time was it between when you left

9 the warehouse and when you began working at Limited
10 Too?

9 again, I'll -- again, I'll let the witness answer the
10 question.

11

A

I can't recall at this time.

11

12

Q

When did you begin looking for work after

12 Claire's?

Q

Were you ever asked to work overtime at

13 you left the warehouse?

13

A

Yes.

14

A

The next day.

14

Q

And how much do you earn when you work

15

Q

And how did you start looking for work?

15 overtime?

16

A

Filling out applications at different

16

17 places.

17

(THE FOLLOWING PORTION WAS DESIGNATED AS
CONFIDENTIAL AND IS BOUND SEPARATELY.)

18

Q

Did you do anything else?

18

19

A

On the computer.

19

(THIS CONCLUDES THE CONFIDENTIAL PORTION.)

20

Q

What do you mean by on the computer?

20

Q

21

A

Online.

21 at Blockbuster where you felt that you were harassed

22

Q

Were you looking for jobs online?

22 because of your race that we have not already

BLOCKBUSTER.transcript.ledesma -e

Were there any other instances while working

Pages 121 - 124

Page 125

Page 127

1 discussed?

1

A

I can't recall at this time.

2

A

Yes.

2

Q

Did you complain to anyone or tell anyone

3

Q

What were those instances?

3 that Taj said you could not go to the bathroom?

4

A

They wouldn't allow me to speak Spanish.

4

A

Yes, to Lincoln, Cinnie Brown.

5

Q

They would not -- who's "they"?

5

Q

Did you complain to anyone when Tutu -- when

6

A

Taj, Tutu and Linc.

6 Mr. Tutu told you you could not go to the bathroom?

7

Q

How do you know they would not allow you to

7

A

8 speak Spanish?

8

Q

Who did you complain to?

9

A

Because they told me.

9

A

To Lincoln and her, the lady.

10

Q

What did they tell you?

10

Q

Were there any other instances that you --

11

A

Don't speak Spanish.

11 any other examples that we have not discussed where

12

Q

Did they say -- did they tell you who you

12 you thought you were harassed because of your race?

Yes.

13 could not speak Spanish to?

13

A

I can't think of any at this time.

14

A

With whom?

14

Q

Are there any other comments that we've not

15

Q

Yes. Did they tell you with whom you could

15 discussed that you thought were offensive because they

16 not speak Spanish?

16 referred to your race?

17

17

A

Not that I can recall at this time.

18 Sergio, Jimmy, Lita.

18

Q

Are there any other instances that we have

19

Q

Anyone else?

19 not discussed that you found offensive because of your

20

A

Those who were Spanish speaking.

20 sex or gender?

21

Q

They say those were Spanish speaking or did

21

A

To Lolita, Milagros, Dolores, Hilda, Victor,

22 they say their names?

A

Not that I -- not that I can recall at this

22 time.
Page 126

1

A

They said the names of the people that I

Q

1

Q

Are there any other comments that we have

2 not discussed that you found offensive because they

2 said.
3

Page 128

Did you tell anyone that Taj, Tutu and Linc

3 were sexual in nature?

4 would not allow you to speak Spanish?

4

A

Once Taj invited me to go to his apartment.

5

A

I can't remember at this time.

5

Q

And what did you say?

6

Q

Were there any other instances that you

6

A

No.

7 thought you were harassed because of your race while

7

Q

Did anyone else hear Taj invite you to his

8 working at the warehouse?

8 apartment?

9

9

A

I couldn't go to the bathroom because they

MR. PHILLIPS: Objection, speculation.

10 would be asking where I was, that I wasn't doing my

10 Answer, please.

11 work if I weren't there.

11

A

Lolita and Fernando.

12

Q

Who is "they"?

12

Q

Did you tell anyone else or complain to

13

A

Taj, Lincoln, Tutu.

13 anyone else when Taj invited you to go to his

14

Q

Did you have to ask them to go to the

14 apartment?

15 bathroom?

15

A

Yes.

16

A

Yes.

16

Q

Who did you complain to?

17

Q

Did they tell you you could not go to the

17

A

To Lincoln and Miss Cinnie Brown.

18 bathroom?

18

Q

Do you remember when that was?

19

A

Sometimes.

19

A

I don't remember the exact date.

20

Q

Did they tell anyone else they could not go

20

Q

Were there any other comments that we have

21 to the bathroom or did you see them tell anyone else

21 not discussed that you found offensive because they

22 they could not go to the bathroom?

22 were sexual in nature?

BLOCKBUSTER.transcript.ledesma -e

Pages 125 - 128

Page 129

1

A

2

Not that I can recall at this time.

Page 131
1

MS. QUAMIE: I don't have any other

FURTHER EXAMINATION BY COUNSEL FOR DEFENDANT

2 BY MS. QUAMIE:

3 questions of the witness. Your lawyer may have some

3

4 questions for you and then I may follow up with

4 Taj wear his Black Power T-shirt?

5 additional questions.

5

6

MR. PHILLIPS: I have a few, but just a few.

6 it meant.

7

EXAMINATION BY COUNSEL FOR PLAINTIFF

8 BY MR. PHILLIPS:
9

Q

7

Q

A

Q

Did you ever complain to anyone when you saw

No, because I didn't know up until now what

Did you ever complain to anyone when you

8 heard Taj refer to Jesus being black?

Miss Ledesma, you referenced earlier in your

9

A

What? Excuse me?

10 testimony that you heard Taj make comments about his

10

Q

Did you ever refer to anyone -- excuse me,

11 penis. Do you recall how many times he made such

11 strike that.

12 comments?

12

13

A

Yes.

13 heard Taj say Jesus is black?

14

Q

How many times that you heard?

14

15

A

About three times that I can recall at this

15 complain.

Did you ever complain to anyone when you

A

I don't understand what you mean by

16 moment.

16

17

17 that Jesus is black?

Q

Did you ever see Taj wear a Black Power

Q

Did you tell anyone that you heard Taj say

18 T-shirt at work?

18

19

A

What's Black Power?

19 asked me what Taj had said about -- about religion

20

Q

T-shirt with a fist symbol.

20 because somebody had mentioned -- made a comment to

21

MR. PHILLIPS: The record will reflect

22 was black and that in the bible it said Jesus Christ
Page 130

1
2
the witness.
3
A Yes, he did have one. He had several of
4
them.
5
Q Did you ever hear Taj make a comment that
6
Jesus is black?
7
A Yes.
8
Q Earlier you testified that he commented on
9
Blyth having an odor. Do you recall that testimony?
10
A Yes.
11
Q And I wasn't clear exactly on what was being
12
said, so I want to ask you a few questions about that.
13
A Okay.
14
Q Sitting here today, do you remember the
exact words? Can you quote him exactly about what he 15
16
said about Blyth's supposed odor?
17
A I can't remember the exact words right now.
18
Q But was it your understanding at the time
19
from what he said that he was referring to an odor
20
from her vagina?
21
A Yes.
22
MR. PHILLIPS: That's all I've got.

1 showing, a thumb folded across the index finger toward
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

BLOCKBUSTER.transcript.ledesma -e

Not as a complaint, but Cinnie Brown had

21 her about that, that Christ was -- that Jesus Christ

22 counsel is holding up his fist with four knuckles

2

A

Page 132

was black.
Q What did you tell Miss Cinnie Brown?
A That -- that Taj had said that Jesus Christ
was black because in the bible it said that he was
black.
Q And did you tell Miss Brown anything else
about that comment?
A What?
Q After you repeated the comment to
Miss Brown, did you say anything else about it?
A No, I didn't say it.
MS. QUAMIE: Thank you, Miss Ledesma. I
don't have any other questions.
MR. PHILLIPS: For the record, we'll read
and sign.
(Signature having not been waived, the
deposition of Elizabeth Ledesma was concluded at
3:42 p.m.)

Pages 129 - 132