Appendix - Page 1 3881557_1.docx 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

DAVID SAMBRANO, et al., individually, 

and on behalf of all others similarly 

situated, 

Plaintiffs, 

v. 

UNITED AIRLINES, INC., 

Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Civil Action No. 

4:21-CV-01074-P 

APPENDIX IN SUPPORT OF DEFENDANT’S 

OPPOSITION TO PLAINTIFFS’ MOTION FOR 

RECONSIDERATION OF ORDER PARTIALLY GRANTING MOTION TO DISMISS 

 NOW COMES, Defendant United Airlines, Inc. and files this Appendix in Support of Its 

Opposition to Plaintiffs’ Motion for Reconsideration of Order Partially Granting Motion to 

Dismiss. 

 Ex. A Excerpts from the transcript of the corporate representative ........ App. 1 - 6 

 deposition of Kirk Limacher taken on November 6, 2023 

Ex. B Excerpts from the transcript of the deposition of ....................... App. 7 - 12 

 Jarrad Rains taken on October 10, 2023 

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 1 of 14 PageID 9328
Appendix - Page 2 3881557_1.docx 

Respectfully submitted, 

 /s/ Russell D. Cawyer 

Donald J. Munro 

D.C. Bar No. 453600 

Jones Day 

51 Louisiana Avenue, NW 

Washington, DC 20001 

Telephone: (202) 879-3939 

Facsimile: (202) 626-1700 

Email: dmunro@jonesday.com 

Jordan M. Matthews 

IL Bar No. 6300503 

JONES DAY 

77 W. Wacker Drive, Suite 3500 

Chicago, Illinois 60601 

Telephone: (312) 782-3939 

Facsimile: (312) 782-8585 

Email: jmatthews@jonesday.com 

Russell D. Cawyer 

State Bar No. 00793482 

Taylor J. Winn 

State Bar No. 24115960 

Kelly Hart & Hallman LLP 

201 Main St., Ste. 2500 

Fort Worth, Texas 76102 

(817) 878-3562 (telephone) 

(817) 335-2820 (facsimile) 

Email: russell.cawyer@kellyhart.com 

Email: taylor.winn@kellyhart.com 

Alexander V. Maugeri 

NY Bar No. 5062666 

Jones Day 

250 Vesey Street 

New York, NY 10281-1047 

Telephone: (212) 326-3880 

Facsimile: (212) 755-7306 

Email: amaugeri@jonesday.com

ATTORNEYS FOR DEFENDANT 

UNITED AIRLINES, INC. 

CERTIFICATE OF SERVICE 

On February 6, 2024, I electronically submitted the foregoing document with the clerk of 

the court for the U.S. District Court, Northern District of Texas, using the electronic case filing 

system of the court. I hereby certify that I have served all counsel and/or pro se parties of record 

electronically or by another manner authorized by Federal Rule of Civil Procedure 5 (b)(2). 

 /s/ Russell D. Cawyer 

 Russell D. Cawyer

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 2 of 14 PageID 9329
1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF TEXAS

3 FORT WORTH DIVISION

4

5 DAVID SAMBRANO, individually and on )

 behalf of all others similarly )

6 situated, et al., )

 )

7 Plaintiffs, )

 )

8 vs. ) No. 4:21-01074-P

 )

9 UNITED AIRLINES, INC., )

 )

10 Defendant. )

11

12

13

14

15 VIDEOTAPED DEPOSITION OF WILLIAM KIRK LIMACHER

16 Pursuant to Rule 30(b)(6) - Volume 1

17 Chicago, Illinois

18 Monday, November 6th, 2023

19

20

21

22

23

24 REPORTED BY: GREG S. WEILAND, CSR, RMR, CRR

25 JOB NO.: 6146533

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APP. 1

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 3 of 14 PageID 9330
1

2

3

4 November 6th, 2023

5 9:05 a.m. Central Standard Time

6

7 Videotaped Deposition of WILLIAM KIRK

8 LIMACHER, taken before GREG S. WEILAND, CSR, RMR,

9 CRR, pursuant to Rule 30(b)(6) of the Federal Rules

10 of Civil Procedure for the United States District

11 Court pertaining to the taking of depositions, at

12 Suite 4800, 110 North Wacker Drive, in the City of

13 Chicago, Cook County, Illinois, commencing at

14 9:05 o'clock a.m. Central Standard Time, on the

15 6th day of November, 2023.

16

17

18

19

20

21

22

23

24

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Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 4 of 14 PageID 9331
1 PRESENT:

2

3 ON BEHALF OF THE PLAINTIFFS:

4 SCHAERR JAFFE LLP

5 BY: MR. BRIAN J. FIELD

6 MS. CRISTINA M. SQUIERS

7 1717 K Street NW, Suite 900

8 Washington, D.C. 20006

9 (202) 787-1060

10 Email: bfield@schaerr-jaffe.com

11 csquiers@schaerr-jaffe.com

12 - and -

13 S|L LAW PLLC

14 BY: MR. JOHN C. SULLIVAN

15 610 Uptown Boulevard, Suite 2000

16 Cedar Hill, Texas 75104

17 (469) 523-1351

18 Email: john.sullivan@the-sl-lawfirm.com

19

20

21

22

23

24

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Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 5 of 14 PageID 9332
1 PRESENT (CONTINUED):

2

3 ON BEHALF OF THE DEFENDANT:

4 JONES DAY

5 BY: MR. DONALD J. MUNRO

6 51 Louisiana Avenue, N.W.

7 Washington, D.C. 20001-2113

8 (202) 879-3922

9 Email: dmunro@jonesday.com

10 - and -

11 JONES DAY

12 BY: MS. JORDAN M. MATTHEWS

13 110 North Wacker Drive, Suite 4800

14 Chicago, Illinois 60606

15 (312) 269-4169

16 Email: jmatthews@jonesday.com

1 7

18 ALSO PRESENT:

19 MR. SCOT ZIARKO, The Videographer;

20 MS. SHEILA FREDERICK, United Airlines,

21 Assistant General Counsel.

2 2

2 3

2 4

2 5

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1 cannot have conflict, where the safety risk is too

2 great to not be working as a team.

3 Q. And that's because it would identify

4 somebody as somebody who has not received the COVID

5 vaccine, correct?

6 A. A sticker -- no one else would be wearing

7 a sticker, you know, as opposed to something like a

8 mask, where KN95 masks were readily available by

9 this point. You know, they started as something

10 just healthcare professionals wore. And then there

11 was a run on them. You were paying $5 a mask.

12 And by this point, they were pretty

13 standard use in the community.

14 Q. Over on the third -- third page of the

15 document we were just looking at, this is another

16 email from Scott Kirby, beginning with the paragraph

17 that has the Number 4.

18 He asks, "Can we just say termination if

19 there's mask violation instead of up to and

20 including subject to your JCBA?"

21 And then he states, "I'm hoping the policy

22 for group 2 sounds very serious to them. Masks at

23 all times (including outdoors) and automatic

24 termination for violating the policy."

25 Why would United have wanted to make sure

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1 that the mask requirement sounds very serious?

2 A. Well, again, we have to put ourselves in

3 the context of Delta in 2021 and what was going on.

4 One, we wanted to make sure that these

5 unvaccinated individuals were as safe as possible

6 while continuing to work.

7 Two, mask compliance and adherence was a

8 major area of focus because it was legally required

9 in these operating environments to be masked.

10 So meeting the TSA's requirement was

11 something that was very difficult for our HR and

12 leaders to monitor.

13 So from a place of what we were doing in

14 terms of during COVID in airports managing mask

15 policy, and then coupled with now having individuals

16 in a Delta variant environment, to keeping them

17 safe, as part of the RAP, would have gone into this

18 statement.

19 Q. All right. So to boil that down, safety

20 was one of the reasons that United wanted the mask

21 policy to sound very serious?

22 A. Safety would have been a factor, yes.

23 Q. And you'd agree that safety measures

24 should be based on reliable data, correct?

25 A. Reliable data is important, and I think

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APP. 6

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 8 of 14 PageID 9335
1 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF TEXAS

2 FORT WORTH DIVISION

3 DAVID SAMBRANO, et al., )

 individually, and on )

4 behalf of all others )

 similarly situated, )

5 ) Civil Action No.

 Plaintiffs, ) 4:21-cv-01074-P

6 )

 v. )

7 )

 UNITED AIRLINES, INC., )

8 )

 Defendant. )

9

10 ******************************************************

11 ORAL AND VIDEOTAPED DEPOSITION OF

12 JARRAD RAINS

13 OCTOBER 10, 2023

14 ******************************************************

15 ORAL AND VIDEOTAPED DEPOSITION OF JARRAD RAINS,

16 produced as a witness at the instance of the Defendant,

17 and duly sworn, was taken in the above-styled and

18 numbered cause on the 10th day of October, 2023, from

19 9:37 a.m. to 7:01 p.m., before Julie C. Brandt, RMR,

20 CRR, and CSR in and for the State of Texas, reported by

21 machine shorthand at Kelly Hart & Hallman, LLP, 201 Main

22 Street, Suite 2500, Fort Worth, Texas, pursuant to the

23 Federal Rules of Civil Procedure and the provisions

24 stated on the record or attached hereto.

25

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APP. 7

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1 APPEARANCES

2

3 FOR THE PLAINTIFFS:

4 John C. Sullivan

5 SL LAW, PLLC

6 610 Uptown Blvd., Suite 2000

7 Cedar Hill, Texas 75104

8 john.sullivan@the-sl-lawfirm.com

9

10 FOR THE DEFENDANT:

11 Alexander V. Maugeri

12 Lauren N. Brown

13 JONES DAY

14 250 Vesey Street

15 New York, New York 10281-1047

16 212-326-3880

17 amaugeri@jonesday.com

18 laurenbrown@jonesday.com

19 -and20 Russell D. Cawyer

21 KELLY HART & HALLMAN LLP

22 201 Main Street, Suite 2500

23 Fort Worth, Texas 76102

24 817-878-3562

25 russell.cawyer@kellyhart.com

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APP. 8

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 10 of 14 PageID 9337
1 ALSO PRESENT:

2 Mary O'Neil - United (remote via Zoom)

3

4 VIDEOGRAPHER:

5 David Crenshaw - Veritext Legal Solutions

6

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APP. 9

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 11 of 14 PageID 9338
1 So you understood that United would give

2 people medical RAPs even if they weren't necessarily

3 disabled?

4 A. Correct.

5 Q. Okay. Are you claiming any history of

6 allergic reaction as a basis for your medical RAP?

7 A. No, sir.

8 Q. Okay. So in the -- what's called the second

9 amended complaint, the first complaint that you appear

10 in in this case, paragraph 163 states that Mr. Rains

11 updated his accommodation request on September 8, 2021,

12 with a form completed by his doctor noting a history of

13 allergic reactions, including anaphylaxis, and stating

14 that he could not take the vaccine.

15 That's incorrect, isn't it?

16 A. Yeah. Where -- is that --

17 THE WITNESS: Any recollection?

18 A. I'm like -- I know he can't answer.

19 Q. (BY MR. MAUGERI) My best assumption, sir, is

20 that there was a confusion between you and Ms. --

21 Ms. Jonas.

22 A. Okay. Yeah.

23 Q. So -- but I wanted to confirm.

24 A. No.

25 Q. I thought that was going to be your answer.

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APP. 10

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 12 of 14 PageID 9339
1 You're not claiming any allergies --

2 A. No previous medical history of that, no, sir.

3 Q. Okay. So just so we have a clear record and

4 aren't talking over each other, no part of your medical

5 RAP is based on anything to do with allergic reactions,

6 including anaphylaxis?

7 A. Correct.

8 Q. And no part of your Americans with

9 Disabilities Act claim in this case is based on any type

10 of allergic reaction history?

11 A. Correct.

12 Q. Okay. And so then by definition, you're not

13 claiming, are you, that any history of allergies makes

14 your heart condition, you know, any worse when it comes

15 to taking the COVID vaccine, right?

16 A. I'm confused now because I thought we were

17 talking about two different things, but it seems like to

18 me you're trying to associate allergic reaction with

19 part of my medical claim. I didn't think there was any

20 distinction between either question, so I'm like what

21 are we doing?

22 Q. Yeah, so I just want to be clear about what

23 you're claiming or not. So because you said you're not

24 claiming allergies, you're not claiming that there's any

25 kind of interaction between your heart issues and any

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APP. 11

Case 4:21-cv-01074-P Document 245 Filed 02/06/24 Page 13 of 14 PageID 9340
1 allergies as part of this case, are you?

2 A. I'm trying to find relevance in the question,

3 man, I mean, because there's nothing that associates me

4 with anaphylaxis allergies or this whatever. That's not

5 even relevant to my particular case or part.

6 Q. Okay. That's what I wanted to confirm.

7 I'll represent to you that your attorneys have

8 represented in a motion to the Court --

9 A. Okay.

10 Q. --- that you have both a heart condition and

11 allergies and, when you put them together, it creates

12 even more of a problem.

13 A. Okay.

14 Q. That's not correct, is it?

15 A. To my knowledge, no, sir.

16 Q. Okay. So your -- your sole medical basis for

17 a RAP is your heart condition, correct?

18 A. Well --

19 Q. Okay.

20 A. -- I do have one other medical condition that

21 I didn't even realize at the time. So I'm blind in my

22 left eye, and it's a Coats disease. So it's a blood

23 coagulant problem issue, too, but it's not something at

24 the time that I realized. My sole focus was my heart

25 condition.

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APP. 12

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