Anderson v. Domino's Pizza, Inc. et al

Filing 107

MOTION for Summary Judgment by Cross Claimant Call-Em-All, LLC, Defendant Call-Em-All, LLC. Oral Argument Requested. (Attachments: # 1 Certification of Scott Shaffer, # 2 Exhibit 1-7, # 3 Proposed Order) Noting Date 9/7/2012, (Shaffer, Scott)

EXHIBIT 1

Deposition of Carolyn Anderson

9/21/2011
Page 1

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
____________________________________________________________
CAROLYN ANDERSON,

)
)
Plaintiffs,
)
)
vs.
) No. 2:11-cv-00902 MJP
)
DOMINO'S PIZZA, INC.,
)
DOMINO'S PIZZA, LLC, FOUR OUR
)
FAMILIES, INC., and
)
CALL-EM-ALL, LLC,
)
)
Defendants.
)
____________________________________________________________
DEPOSITION OF CAROLYN ANDERSON
Wednesday, September 21, 2011
____________________________________________________________

Reported by:

253.445.3400

Kylie Hammington, CCR, RPR
License No. 2054
Kylie Hammington, CCR, RPR
James, Sanderson & Lowers

800.507.8273

Deposition of Carolyn Anderson

9/21/2011
Page 2

APPEARANCES

1
2
For Plaintiff:

ROBLIN WILLIAMSON
Williamson & Williams
17253 Agate Street Northeast
Bainbridge Is., Washington 98110

For Defendant Four Our
Families:

NELSON C. FRALEY, II
NICOLE BROWN
Faubion, Reeder, Fraley & Cook
5920 100th Street Southwest
Suite 25
Lakewood, Washington 98499

For Defendant Domino's:

DAVID SODERLAND
Dunlap & Soderland
901 Fifth Avenue
Suite 3003
Seattle, Washington 98164

For Defendant Call-Em-All:

SCOTT SHAFFER (via telephone)
Olshan Grundman Frome
Rosenzweig & Wolosky
Park Avenue Tower
65 East 55th Street
New York, New York 10022

Also Present:

Bryan Anderson

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4
5
6
7
8
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10
11
12
13
14
15
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25

253.445.3400

Kylie Hammington, CCR, RPR
James, Sanderson & Lowers

800.507.8273

Deposition of Carolyn Anderson

9/21/2011
Page 3

1

INDEX

2

PAGE:LINE

3

Examination by Mr. Fraley..............................4:10

4

Examination by Mr. Soderland..........................56:21

5

Examination by Mr. Shaffer............................73:3

6

Further Examination by Mr. Fraley.....................94:1

7

Further Examination by Mr. Soderland..................97:1

8

Further Examination by Mr. Fraley.....................99:18

9
10
11
12

EXHIBITS

13

1 - Defendant Interrogatories.........................17:2

14

2 - Letters drafted by Ms. Anderson...................29:4

15

3 - Complaint for Damages.............................39:25

16

4 - Amended Complaint for Damages.....................51:14

17
18
19
20

REQUESTED INFORMATION

21

Request for Production................................39:16

22

Request for Production................................85:8

23

Request for Production................................87:21

24

Request for Production................................93:17

25

253.445.3400

Kylie Hammington, CCR, RPR
James, Sanderson & Lowers

800.507.8273

Deposition of Carolyn Anderson

9/21/2011
Page 8

1

A

Correct.

Although the first call, there was no

2

message.

My phone has a -- as most phones do where

3

who's calling is lit up there and the phone number.

4

said Domino's Pizza and the phone number, but when I

5

said hello, there was nobody there.

6

within a few minutes, I don't know how many minutes,

7

the phone rang again.

8

Pizza was on my window of my phone, and their phone

9

number, the Parkland number.

It

So I hung up and

And it was the same -- Domino's

I didn't know it was the

10

Parkland number, but it was that number, so I looked it

11

up.

12

And that, the second call, had this message:

13

special, blah, blah, blah, stay on the line if you want

14

to hear more about it or something like that.

15

all about some kind of a pizza special.

16

the phone book and looked up the Domino's Pizza there

17

by me in Parkland, and it was the same phone number

18

that was on my telephone screen.

19

Q

Okay.

The

It was

So then I got

So if I understand your correctly, with respect

20

to the first telephone call that you received, the

21

telephone call came through, you saw the -- the

22

information on your caller ID, correct?

23

A

Correct.

24

Q

And then you picked up the handset to basically answer

25

the call?

253.445.3400

Kylie Hammington, CCR, RPR
James, Sanderson & Lowers

800.507.8273

Deposition of Carolyn Anderson

9/21/2011
Page 23

1

pizzas from Domino's, you've picked those pizzas up

2

each --

3

A

Correct.

4

Q

-- two or three times that you've purchased from

5

Domino's?

6

A

That's correct.

7

Q

How about with Pizza Hut?

8

A

Yes, I would say with them too.

9

delivery.

I've never had

We have a very hard house to find and it's

10

terrible to have these people -- can't find it.

So

11

I've just always called ahead.

12

ordered pizza, I'll say I need to pick up something by

13

6:00 or 6:30 or 7:00 or whatever the occasion.

14

just go in, pick it up, and pay for it and leave, and

15

it's finished.

The few times I've ever

And I

It's done.

16

Q

Why do you say your house is hard to find?

17

A

You have to know how to get there is why I say that.

18

Q

Okay.

19

A

It's -- how could I say this?

Well...
Yeah, you could Google

20

and it will give you some type of a path to follow, but

21

it's down a road and then you turn and go down another

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little area and turn in and then it's a long driveway

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in.

24

have to kind of know where you're going.

25

Q

It's extremely -- not on any given path.

So you

In that instance, if you were to have a pizza

253.445.3400

Kylie Hammington, CCR, RPR
James, Sanderson & Lowers

800.507.8273

Deposition of Carolyn Anderson

9/21/2011
Page 87

1

with your attorneys on this?

2

A

My attorneys sent to me a letter.

3

Q

What was -- a letter asking -- I'm sorry.

Did you make

4

the first contact to your attorneys, or did the

5

attorneys -- were you responding to an ad or some kind

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of solicitation?

7

A

There was no solicitation and no ad.

8

Q

So how did you come to retain Williams and Williamson?

9

A

I received a letter in the mail.

10

Q

Okay.

11

A

Stating facts and figures of my problem.

12

Q

You received a letter from them?

13

A

Correct.

14

Q

And did -- was it -- was it addressed Dear Sir or

15
16

What did the letter say?

Madam, or was it Dear Mrs. Anderson?
A

17

I'm not sure who it came to.

I believe it came to my

name.

18

Q

Okay.

19

A

I don't know.

20

Q

Okay.

21
22

25

I would ask that it be produced.
(Request for production.)

Q

23
24

Do you have a copy of that letter still?

I mean, did the letter say -- well, what's your best
recollection of what was in the letter?

A

My best recollection would be that it was just general
information about my problem and something about

253.445.3400

Kylie Hammington, CCR, RPR
James, Sanderson & Lowers

800.507.8273

EXHIBIT 2

EXHIBIT 3

CONFIDENTIAL

CEA000043

CONFIDENTIAL

CEA000044

CONFIDENTIAL

CEA000045

CONFIDENTIAL

CEA000046

CONFIDENTIAL

CEA000047

CONFIDENTIAL

CEA000048

EXHIBIT 4

EXHIBIT 5

EXHIBIT 6

From: Nelson Fraley [mailto:[e-mail]]
Sent: Tuesday, June 12, 2012 1:40 PM
To: Dave Soderland; Rob Williamson; Lustigman, Andrew B.; Brant Godwin; Nicole Brown; Shaffer, Scott
A.
Cc: Brant Godwin
Subject: RE: Trial date, etc.

Forgive me for throwing some obvious facts out there.  As I under the case, FOFI has admitted to
making calls, in particular to the Plaintiff.  FOFI has admitted that CEA was merely a conduit for the
calls, and therefore an agent of FOFI.  Hasn’t liability already been established against FOFI?  Thus,
the only matter to be determined at this point is damages.

I agree that we are down to a single day of testimony.  I can agree to an earlier trial date.  The
current trial date of September 24, 2012, can’t come soon enough for FOFI.

From: Dave Soderland [mailto:[e-mail]]
Sent: Tuesday, June 12, 2012 9:08 AM
To: Rob Williamson; Andrew Lustigman; Brant Godwin; Nelson Fraley; Nicole Brown; Shaffer, Scott A.
Cc: Brant Godwin
Subject: RE: Trial date, etc.

Rob: How about certifying the summary judgment order  under 54(b). Dave  

From: Rob Williamson [mailto:[e-mail]]
Sent: Tuesday, June 12, 2012 7:26 AM
To: Andrew Lustigman; Brant Godwin; Dave Soderland; Nelson C. Fraley II; Nicole Brown; Shaffer, Scott
A.
Subject: Trial date, etc.

We cannot appeal the SJ ruling as to Domino’s until the case is over, and we should not delay
further work on the case while the recon motion is pending, so perhaps we should consider
proposing to the court, subject to possible reconsideration of the class cert denial, f a new case
schedule with a trial date, etc.  Seems like we are down to a single day of testimony?  Please let me
know. 

Rob Williamson
17253 Agate Street NE
Bainbridge Island, WA  98110

Direct Line:  206-780-4457
Cell: 206-321-1917

EXHIBIT 7