Appendix - Page 1 

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 SUPPLEMENTAL BRIEF 

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

Supplemental Brief. 

 Ex. A Excerpts from Deposition of Kimberly Hamilton ........................ App. 1 - 9 

 taken September 20, 2023 

Ex. B Excerpts from Deposition of David Castillo ............................. App. 10 - 16 

 taken September 19, 2023 

 Respectfully submitted, 

 /s/ Russell D. Cawyer 

Russell D. Cawyer 

Texas State Bar No. 00793482 

Taylor J. Winn 

Texas State Bar No. 24115960 

KELLY HART & HALLMAN LLP 

201 Main Street, Suite 2500 

Fort Worth, TX 76102 

Telephone: +1.817.878.3562 

Facsimile: +1.817.335.2820 

Email: russell.cawyer@kellyhart.com 

Email: taylor.winn@kellyhart.com 

Case 4:21-cv-01074-P Document 261 Filed 05/02/24 Page 1 of 19 PageID 19156
Appendix - Page 2 

Donald J. Munro 

D.C. Bar No. 453600 

JONES DAY 

51 Louisiana Avenue, NW 

Washington, D.C. 20001 

Telephone: +1.202.879.3939 

Facsimile: +1.202.626-1700 

Email: dmunro@jonesday.com 

Jordan M. Matthews 

IL Bar No. 6300503 

JONES DAY 

110 North Wacker Drive, Suite 4800 

Chicago, IL 60606 

Telephone: +1.312.782.3939 

Facsimile: +1.312.782.8585 

Email: jmatthews@jonesday.com 

Alexander V. Maugeri 

NY Bar No. 5062666 

JONES DAY 

250 Vesey Street 

New York, NY 10281 

Telephone: +1.212.326.3939 

Facsimile: +1.212.755.7306 

Email: amaugeri@jonesday.com 

ATTORNEYS FOR DEFENDANT 

UNITED AIRLINES, INC. 

 

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Appendix - Page 3 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing document was served via email to all counsel of record this 2nd day of May, 2024: 

John C. Sullivan 

Austin R. Nimocks 

SL LAW, PLLC 

610 Uptown Blvd., Ste. 2000 

Cedar Hill, Texas 75104 

john.sullivan@the-sl-lawfirm.com 

austin.nimocks@the-sl-lawfirm.com 

Mark R. Paoletta 

Gene C. Schaerr 

Brian J. Field 

Cristina Martinez Squiers 

Kenneth A. Klukowski 

Joshua J. Prince 

Annika M. Barkdull 

SCHAERR JAFFE, LLP 

1717 K Street NW, Ste. 900 

Washington, D.C. 20006 

mpaoletta@schaerr-jaffe.com 

gschaerr@schaerr-jaffe.com 

bfield@schaerr-jaffe.com 

csquiers@schaerr-jaffe.com 

kklukowski@schaerr-jaffe.com 

jprince@schaerr-jaffe.com 

abarkdull@schaerr-jaffe.com 

 /s/ Russell D. Cawyer 

 Russell D. Cawyer

Case 4:21-cv-01074-P Document 261 Filed 05/02/24 Page 3 of 19 PageID 19158
Page 1

 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF TEXAS

 FORT WORTH DIVISION

 DAVID SAMBRANO, et al., )

 individually, and on )

 behalf of all others )

 similarly situated, )

 ) Civil Action No.

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

 )

 v. )

 )

 UNITED AIRLINES, INC., )

 )

 Defendant. )

 ******************************************************

 "CONFIDENTIAL"

 ORAL AND VIDEOTAPED DEPOSITION OF

 KIMBERLY HAMILTON

 SEPTEMBER 20, 2023

 ******************************************************

 ORAL AND VIDEOTAPED DEPOSITION OF KIMBERLY

HAMILTON, produced as a witness at the instance of the

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

and numbered cause on the 20th day of September, 2023,

from 9:32 a.m. to 5:00 p.m., before Julie C. Brandt,

RMR, CRR, and CSR in and for the State of Texas,

reported by machine shorthand at Kelly Hart & Hallman,

LLP, 201 Main Street, Suite 2500, Fort Worth, Texas,

pursuant to the Federal Rules of Civil Procedure and the

provisions stated on the record or attached hereto.

Suppl. App. 1

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Page 6

1 P R O C E E D I N G S

2 THE VIDEOGRAPHER: We are on the record.

3 Today's date is September 20, 2023. The time is 9:32.

4 This is the video deposition of Kimberly

5 Hamilton in the case styled David Sambrano, et al.

6 versus United Airlines, Inc. This case is filed in the

7 United States District Court, Northern District of

8 Texas, Fort Worth Division.

9 Counsel, at this time would you state your

10 appearances for the record, beginning with the taking

11 counsel, and the reporter can then place the witness

12 under oath.

13 MR. CAWYER: Russell Cawyer for United

14 Airlines.

15 MR. WINN: Taylor Winn for United

16 Airlines.

17 MR. FIELD: Brian Field for the

18 plaintiffs.

19 MS. SQUIERS: Cristina Squiers for the

20 plaintiffs.

21 KIMBERLY HAMILTON,

22 having been first duly sworn, testified as follows:

23 EXAMINATION

24 BY MR. CAWYER:

25 Q. Good morning, Ms. Hamilton.

Suppl. App. 2

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Page 44

1 A. Uh-huh.

2 Q. Yes?

3 A. Yes.

4 Q. And one shredder?

5 A. Yes.

6 Q. So the shredder, the microwave, the copier are

7 all used by the SORs that are in this office where you

8 worked in 2021?

9 A. If they want to.

10 Q. What do you mean if they want to?

11 A. Not everybody brings anything to microwave,

12 but it's there if they want to, yes.

13 Q. So other than the microwave, which you can use

14 or not use, the SORs all share the copiers, the

15 shredders and there are two printers?

16 A. That's right.

17 Q. That's common equipment?

18 A. That's right.

19 Q. And the computer terminals, those are also

20 shared by the SORs that work throughout the course of

21 the day?

22 A. That's correct.

23 Q. That's shared equipment as well?

24 A. That's right.

25 Q. In 2020 and 2021, did you always work the same

Suppl. App. 3

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Page 45

1 shift?

2 A. I don't remember the shift bids that we had,

3 but for most of my years in operations, I worked the

4 night shift.

5 Q. Is that your preferred shift?

6 A. It is.

7 Q. What are the scheduled hours for the night

8 shift? And if they've been different over time, let me

9 know what the differences are.

10 A. They have been different. There have been, I

11 think, 6:30 p.m. starts, 7:30 p.m. starts. There have

12 been ten-hour shifts. That might -- that might have

13 ended before the timeframe you're talking about, though.

14 So during that time, I think they were 6:30 and 7:30,

15 there might have been an 8 o'clock start, but they've

16 been evening starts.

17 Q. So during the time period of August 2021

18 through April 2022, the evening shift started somewhere

19 at 6:30 to 7:30?

20 A. Yes.

21 Q. How long was the shift?

22 A. Until the last flight comes in. So they

23 would -- they would put an end shift time, which could

24 have been 12:00, 12:30, 1:00, depending on the shift.

25 But then your shift really didn't end until the last

Suppl. App. 4

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Page 47

1 A. Yeah.

2 Q. I'm going to bet you don't get Saturday and

3 Sunday off, do you?

4 A. I don't.

5 Q. In August 2021 through April of 2022, what

6 were your days off?

7 A. I don't remember, but actually what you said

8 isn't exactly right because I did have a shift for a

9 long time that was a Sunday/Monday off. So it's --

10 during that timeframe, I think my days off might have

11 been Sunday/Monday.

12 Q. And you worked the other five days?

13 A. Uh-huh. Yes.

14 Q. How many SORs are scheduled on the night shift

15 that you work?

16 A. One. One.

17 Q. So you work in this office that you've

18 described for me. Does your job duties also require you

19 to go to other parts of the airport?

20 A. No.

21 Q. So you show up to work, you punch in, you work

22 in this enclosed office the entire day/evening, and then

23 you leave?

24 A. Uh-huh. Yes.

25 Q. Any other work groups use this office?

Suppl. App. 5

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Page 48

1 MR. FIELD: Object to form.

2 A. The ramp -- some ramp leads may come in, but

3 it really just depends on the lead. So not -- not a

4 given, for sure thing.

5 Q. (BY MR. CAWYER) So most of the times during

6 August of 2021 through April of 2022, you're working the

7 evening shift in this small enclosed office and working

8 alone?

9 A. Yes.

10 Q. But leads may come into the office

11 periodically?

12 A. They may.

13 Q. Who else may come in?

14 A. The cleaning supervisors once in a while will

15 come in once in a while and make copies. No one needs

16 to come in typically, so it's not really a calculated

17 kind of answer I could give. Someone may stop in. No

18 one typically needs to stop in. By the time the night

19 shift gets there, the ramp lead usually has done all of

20 his scheduling. So if it's a lead, that might be

21 inclined to do that in ops. It's probably already been

22 done.

23 Q. But people can come unpredictably to come make

24 copies, use the shredder, use the microwave, correct?

25 MR. FIELD: Mischaracterization.

Suppl. App. 6

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Page 274

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 REPORTER'S CERTIFICATION

12 VIDEOTAPED DEPOSITION OF KIMBERLY HAMILTON

13 SEPTEMBER 20, 2023

14

15 I, Julie C. Brandt, Certified Shorthand Reporter in

16 and for the State of Texas, hereby certify to the

17 following:

18 That the witness, KIMBERLY HAMILTON, was duly sworn

19 by the officer and that the transcript of the oral

20 deposition is a true record of the testimony given by

21 the witness;

22 Before completion of the deposition, review of the

23 transcript [ ] was [X] was not requested. If requested,

24 any changes made by the deponent (and provided to the

25 reporter) during the period allowed are appended hereto;

Suppl. App. 7

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Page 275

1 That the amount of time used by each party at the

2 deposition is as follows:

3 Russell D. Cawyer.....05 HOUR(S):30 MINUTE(S)

4 Brian Field.....00 HOUR(S):00 MINUTE(S)

5 That pursuant to information given to the

6 deposition officer at the time said testimony was taken,

7 the following includes counsel for all parties of

8 record:

9 FOR THE PLAINTIFFS:

10 Brian J. Field

11 Cristina Squiers

12 SCHAERR JAFFE, LLP

13 1717 K Street NW

14 Suite 900

15 Washington, DC 20006

16 202-787-1060

17 bfield@schaerr-jaffe.com

18 csquiers@schaerr-jaffe.com

19 FOR THE DEFENDANT:

20 Russell D. Cawyer

21 Taylor Winn

22 KELLY HART & HALLMAN LLP

23 201 Main Street, Suite 2500

24 Fort Worth, Texas 76102

25 817-878-3562

Suppl. App. 8

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Page 276

1 russell.cawyer@kellyhart.com

2 taylor.winn@kellyhart.com

3 -and4 Alexander V. Maugeri (remote via Zoom)

5 JONES DAY

6 250 Vesey Street

7 New York, New York 10281-1047

8 212-326-3880

9 amaugeri@jonesday.com

10 I further certify that I am neither counsel for,

11 related to, nor employed by any of the parties or

12 attorneys in the action in which this proceeding was

13 taken, and further that I am not financially or

14 otherwise interested in the outcome of the action.

15 Certified to by me September 29, 2023

16

17

18 <%12865,Signature%>

 Julie C. Brandt, CSR, RMR, CRR

19 Texas CSR No. 4018

 Expiration Date: 10/31/23

20

 Veritext Legal Solutions

21 Firm Registration No. 571

 300 Throckmorton Street, Suite 1600

22 Fort Worth, Texas 76102

 817-336-3042

23

24

25

Suppl. App. 9

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Page 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

 DAVID SAMBRANO, et al., )

 individually, and on )

 behalf of all others )

 similarly situated, )

) Civil Action No.

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

)

 v. )

)

 UNITED AIRLINES, INC., )

)

 Defendant. )

 ******************************************************

ORAL AND VIDEOTAPED DEPOSITION OF

DAVID CASTILLO

SEPTEMBER 19, 2023

 ******************************************************

 ORAL AND VIDEOTAPED DEPOSITION OF DAVID CASTILLO,

produced as a witness at the instance of the Defendant,

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

numbered cause on the 19th day of September, 2023, from

9:27 a.m. to 3:27 p.m., before Julie C. Brandt, RMR,

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

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

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

Federal Rules of Civil Procedure and the provisions

stated on the record or attached hereto.

Suppl. App. 10

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Page 6

1 P R O C E E D I N G S

2 THE VIDEOGRAPHER: We're on the record.

3 Today's date is September 19, 2023. The time is 9:27.

4 This is the video deposition of David Castillo

5 relative to a case styled David Sambrano, et al. versus

6 United Airlines, Inc. This case is filed in the United

7 States District Court, Northern District of Texas, Fort

8 Worth Division.

9 Counsel, at this time would you state your

10 appearances for the record, beginning with taking

11 counsel, and the reporter can then place the witness

12 under oath.

13 MS. MATTHEWS: Good morning, Jordan

14 Matthews from Jones Day on behalf of United.

15 MS. BROWN: Lauren Brown from Jones Day

16 on behalf of United.

17 MR. SULLIVAN: John Sullivan for the

18 plaintiffs.

19 (Witness sworn.)

20 THE VIDEOGRAPHER: You may proceed.

21 DAVID CASTILLO,

22 having been first duly sworn, testified as follows:

23 EXAMINATION

24 BY MS. MATTHEWS:

25 Q. All right. Good morning, Mr. Castillo.

Suppl. App. 11

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Page 32

1 wait in the ready room for the early morning departures

2 in case any of the pilots had to call us for any work

3 that needed to be done.

4 Q. In the employee van, how many people would you

5 typically ride with?

6 A. Oh, there -- let me see. About at least five

7 of us. And it's an employee truck actually.

8 Q. And then in the ready room, you all were just

9 waiting to see if you would be needed to do something?

10 A. Yeah. Towards the end of the shift, we would

11 wait for the pilots to come in and get ready for their

12 flights. If they were to find anything, they would call

13 us out to take care of it before they left.

14 Q. Approximately how many people would be in the

15 ready room on any given day?

16 A. It would be around five.

17 Q. And were you working primarily inside or

18 outside?

19 A. Primarily outside.

20 And this is DFW you're talking about?

21 Q. Yes, sir.

22 Did you ever work inside?

23 A. There's nothing inside to work.

24 Q. Okay. So you were working outside

25 exclusively?

Suppl. App. 12

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Page 33

1 A. Yeah.

2 Q. How many people would you say you interacted

3 with on an average day?

4 A. Well, the five employees and some cleaners.

5 So five, six, seven, eight -- maybe ten, around that.

6 Q. And that's the job you had during the COVID-19

7 pandemic?

8 A. Yeah.

9 Q. Are you currently a member of a union?

10 A. Yeah.

11 Q. What union?

12 A. It's a Teamsters union.

13 Q. Were you a member of a union back when you

14 worked at DFW?

15 A. I was. Same union.

16 Q. Are the terms of your employment governed by a

17 collective bargaining agreement between your union and

18 United?

19 A. They are.

20 Q. And so under the collective bargaining

21 agreement, there are certain conditions of your

22 employment --

23 A. Uh-huh.

24 Q. -- that United can't alter, correct?

25 A. Yeah, I would imagine so.

Suppl. App. 13

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Page 176

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 REPORTER'S CERTIFICATION

12 VIDEOTAPED DEPOSITION OF DAVID CASTILLO

13 SEPTEMBER 19, 2023

14

15 I, Julie C. Brandt, Certified Shorthand Reporter in

16 and for the State of Texas, hereby certify to the

17 following:

18 That the witness, DAVID CASTILLO, was duly sworn by

19 the officer and that the transcript of the oral

20 deposition is a true record of the testimony given by

21 the witness;

22 Before completion of the deposition, review of the

23 transcript [ ] was [X] was not requested. If requested,

24 any changes made by the deponent (and provided to the

25 reporter) during the period allowed are appended hereto;

Suppl. App. 14

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Page 177

1 That the amount of time used by each party at the

2 deposition is as follows:

3 Jordan M. Matthews.....04 HOUR(S):15 MINUTE(S)

4 John C. Sullivan.....00 HOUR(S):00 MINUTE(S)

5 That pursuant to information given to the

6 deposition officer at the time said testimony was taken,

7 the following includes counsel for all parties of

8 record:

9 FOR THE PLAINTIFFS:

10 John C. Sullivan

11 SL LAW, PLLC

12 610 Uptown Blvd., Suite 2000

13 Cedar Hill, Texas 75104

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

15 FOR THE DEFENDANT:

16 Jordan M. Matthews

17 JONES DAY

18 110 N. Wacker Drive, Suite 4800

19 Chicago, Illinois 60606

20 312-269-4169

21 jmatthews@jonesday.com

22 -and23 Lauren N. Brown

24 JONES DAY

25 250 Vesey Street

Suppl. App. 15

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Page 178

1 New York, New York 10281-1047

2 212-326-3426

3 laurenbrown@jonesday.com

4 -and5 Russell D. Cawyer

6 KELLY HART & HALLMAN LLP

7 201 Main Street, Suite 2500

8 Fort Worth, Texas 76102

9 817-878-3562

10 russell.cawyer@kellyhart.com

11 I further certify that I am neither counsel for,

12 related to, nor employed by any of the parties or

13 attorneys in the action in which this proceeding was

14 taken, and further that I am not financially or

15 otherwise interested in the outcome of the action.

16 Certified to by me September 28th, 2023.

17

18

 <%12865,Signature%>

19 ___________________________________

 Julie C. Brandt, CSR, RMR, CRR

20 Texas CSR No. 4018

 Expiration Date: 10/31/23

21

 Veritext Legal Solutions

22 Firm Registration No. 571

 300 Throckmorton Street, Suite 1600

23 Fort Worth, Texas 76102

 817-336-3042

24

25

Suppl. App. 16

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