Tagore v. UNITED STATES OF AMERICA

Filing 39

MOTION for Mental Examination of Kawaljeet K. Tagore by Michael Chertoff, US Department of Homeland Security, Henry M. Paulson, Jr, David Hiebert, Federal Protective Service, William A. Carmody, III, filed. Motion Docket Date 7/29/2010. (Attachments: # 1 Proposed Order, # 2 List of Exhibits, # 3 Exhibit Exhibit A, # 4 Exhibit Exhibit B, # 5 Exhibit Exhibit C, # 6 Exhibit Exhibit D, # 7 Exhibit Exhibit E, # 8 Exhibit Exhibit F, # 9 Exhibit Exhibit G-1, # 10 Exhibit Exhibit G-2, # 11 Exhibit Exhibit G-3, # 12 Exhibit Exhibit G-4, # 13 Exhibit Exhibit G-5)(Grauman, Jesse)

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Tagore v. UNITED STATES OF AMERICA Doc. 39 Att. 4 Exhibit B Excerpts from Deposition of Kawaljeet Tagore Dockets.Justia.com Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KAWALJEET K. TAGORE, Plaintiff, VS. THE UNITED STATES OF AMERICA, ET AL., Defendants. ) ) ) ) ) CIVIL CASE NO. 4:09CV27 ) ) ) ) ) ) JURY TRIAL DEMANDED **************** ORAL DEPOSITION OF KAWALJEET TAGORE MAY 18, 2010 HOUSTON, TEXAS **************** ORAL DEPOSITION OF KAWALJEET TAGORE, produced as a witness duly sworn by me at the instance of the Defendants, taken in the above styled and numbered cause on the 18th day of May, 2010, from 9:05 a.m., to 4:52 p.m., before REBECCA ERHARDT, CSR 8384, in and for the State of Texas, reported by machine shorthand at 700 Louisiana, Suite 2550, Houston, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached therein. Page 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Q. last? A. A. It lasted until -- I would say it even lasts How long did what you call mental anguish How to today because I still don't understand why was I stopped from doing what I wanted to do, serve my country, and do so by doing what I'm good at doing, which is taxes, you know. It still continuous because even at work, It for example, coming to this deposition, I'm talking to my employer. It's just that people look at you differently, knowing there is something wrong with you maybe. Q. A. Not necessarily that it's my fault. What do you consider to be wrong with you? I mean, I don't think anything is wrong with me, but knowing that there is a lawsuit going on with the government, it doesn't make you look good. Q. is about? A. Q. To whom? Well, if it's your employer that you're Have you described to them what the lawsuit concerned about, for example. A. Q. Yeah, they know. I've told them. But you still feel like they look at you different? Page 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anguish. Q. MS. MEI: No, we talked about mental Now we will talk about emotional distress. (BY MS. MEI) What did you mean by "emotional distress"? A. Emotionally being down. Not happy for most of the time. Q. Q. begin? A. A. Feeling the stress emotionally. How long -- when did your emotional distress Same as before. Same as the mental anguish. The day I was sent home. Q. Q. A. A. And how long did it last? I mean, going through it today again, because of some of the questions you would ask, it still reminds me of it. Q. So today, I would say. So now we are going to break it down into the categories as you list them in your interrogatory. First, after the IRS placed you on Flexiplace, so between April of 2005 and January of 2006. A. Q. After they placed -During the Flexiplace time. How frequently did you experience emotional distress? A. Q. Very frequently. Daily? Page 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on. Q. process? A. I would have to take calls. After calls, How did it affect your work during the EEOC that point? A. Once I started working for Sirius, it had gotten a little bit better, because now I'm occupying myself with something else. Q. Q. A. A. Q. Q. A. A. Q. Did you still experience it daily? Probably not daily. Weekly? Perhaps. What did you do about it during that period of time, or after your termination from the IRS? A. Q. A. Q. A. Q. A. Q. A. I would seek guidance from God. Medication? Similar. Notes? No. Did it affect your work at Sirius? May have. How? Especially when the EEOC process was going you know, with the attorney, you're still thinking about it until you can get back, but you're still Page 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thinking about what you talked to the attorney. Q. A. Q. Q. Did you take leave as a result of it? No. Did you -- did it affect your work at T.R. Moore at all? A. A. Q. A. I would say it's affecting it, yes. How? Again, in the same respect, you know. These depositions were going to happen during the busy season and I was really panicking around that time because we were working long, long hours. Having to deal with that and making time for this, it just wasn't going to happen for me. Q. Did you ever talk to any Sikh religious leaders about your emotional stress or your mental anguish? A. None that I can think of. I did in the sense that my leader is God. So I did in that sense, yeah. Q. Had you ever experienced emotional distress before April of 2005? A. I'm sure I have, but again, not for that long period of time where I can't thinking clearly. Q. Have you ever had any emotional distress before 2005 except your work? Page 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. At the IRS? Sure, yes. Before 2005? Yes. April of 2005? Yes. Not that I can remember. What about at Pricewaterhouse? I know it was a lot of hours there, but I don't remember any particular case of a long period of emotional distress. Q. Have you ever seen a doctor for any emotional distress? A. Q. A. Q. Q. No. Any other medications that you can think of? No. Are you experiencing emotional distress now currently? A. A. Q. Q. A. A. Q. Right now, yes. Not right now. Yes, I would say yes. Are there other aspects of your life that could cause emotional distress? A. I'm sure. Lie the sheriff incident was also another one. Page 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Embarrassment. What do you mean by "embarrassment"? A. Embarrassment means not being -- viewed differently by others, at least in my mind. Q. A. Q. Not being viewed differently or? Being viewed differently. How can you tell people are viewing you differently? A. The body language. Even though they're not saying it, but certain gestures, you know. Q. A. Can you give an example. They're uncomfortableness in even saying, Deep down you can read their How are you doing? signs that they're kind of wondering what's going on, where are you at these days. Q. Why do you think it has to do with these instances, with these events? A. Because from not going to the office, for example, the person who always was around, the key members, all of a sudden the team member is not there. People wonder what happened to you maybe because of that. Q. Q. A. A. Q. Q. When did your embarrassment begin? April of 2005. How long did it last? Page 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. I mean, even today I would say -- telling T.R. Moore that I'm going through this, it kind of brings embarrassment on me. Q. A. Q. A. Q. A. Who did you tell at T.R. Moore about this? My partner. Your partner? Uh-huh. What was your partner's response? I don't remember any response. I told him that I have to take time off because of my -- because of the depositions. Q. A. Q. What's his name? Richard Beutshies. Okay, so now we are going to break it down during the time periods again. We are talking now about after the IRS placed you on Flexiplace between April of 2005 and January of 2006. A. Q. A. Q. A. Q. A. Okay. How often did you experience embarrassment? Quite often. Daily? Yes, pretty much. What did you do about it? Again, seeked guidance from God. Page 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Talked to people about it? Talked to people at home, yes. See any doctors about it? No. Did it affect your work? Yes. How? I mean, me being on Flexiplace, going to their offices and not being able to go to the taxpayer's office brought embarrassment to me. Here's somebody else that started at the same time I did and having to do -- they're able to do things that this job requires you to do, and I'm not. Q. I'm prohibited from going to places. Did you take any medication for your embarrassment? A. Q. A. Q. No. Notes? No. Did you take any leave as a result of your embarrassment? A. Q. A. Q. Q. No. Did it affect your relationships? As mentioned before. Did it resolve itself? Page 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. AWOL? A. Q. I mean, on and off, still going on. Did it change at all when you were placed on So now we are talking January to July of 2006. Did it change? How frequently were you experiencing embarrassment during that period of time? A. It was even worse, because now you're placed on -- you're an employee, but you're not considered an employee. Q. A. Q. A. Q. I'm not serving. I'm not even working. Then what did you do about it at that point? I'd seek guidance from God. Doctors. No. Medications other than what you've Have you seen any doctors? described? A. Q. A. Q. No. Notes? No. Did you discuss it with anybody other than the people you've already talked about? A. Q. A. Q. A. No. Did it affect your relationships? Yes. How? Same as mentioned before. Page 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. No, not that I can think of. Humiliation we will go into next. What do you mean when you say that you What suffered from humiliation? A. A. To me, it's having a guilt that I'm doing something wrong, you know. Q. Q. A. A. Q. Q. A. A. Q. When did that feeling begin? Again, in April. And how long did it last? Still to today. Okay. Now to the period of time between April of 2005 and January of 2006. How frequently did you experience humiliation? A. Q. A. Q. A. mean. Q. A. Q. Hourly? I can't think that back now. What did you do about it? I don't know. Quite frequently. Daily? Pretty much. More than daily? I don't know what "more than daily" would Anything other than what you've told us already? A. No.

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