APPENDIX IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT—Page 1 

FP 49332774.1 

IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

JASON WALTERS, 

Plaintiff, 

v. 

EXEL, INC. D/B/A DHL SUPPLY CHAIN, 

Defendant. 

§

§

§

§

§

§

§

§

§ 

 CIVIL ACTION NO. 3:22-cv-01840-K 

APPENDIX IN SUPPORT OF DEFENDANT’S 

MOTION FOR SUMMARY JUDGMENT 

APP 

1. Excerpts from Transcript of Jason Walters Deposition, April 11, 2023 .................. 001-058 

 Exhibit 10 – Screen Shot from Security Video .................................................. 059-061 

 Exhibit 13 – Jason Walters’ Resume ................................................................. 062-063 

2. Excerpts from Transcript of Adam Elliott Deposition, April 13, 2023 ................... 064-081 

 

3. Excerpts from Transcript of Tammy Williams Deposition, April 13, 2023 ............ 082-091 

4. Excerpts from Transcript of John Dobbins Deposition, June 27, 2023 ................... 092-112 

 Exhibit I – Text Messages.................................................................................. 113-116 

 Exhibit K – Note to File 08-20 (EXEL_001591) ..................................................... 117 

5. Excerpts from Transcript of Eartis Shaw Deposition, April 13, 2023 ..................... 118-148 

6. Excerpts from Transcript of DeNeill Hooper, April 13, 2023 ................................. 149-167 

 Exhibit 2 – Statement of DeNeill Hooper (EXEL_00114-00115)..................... 168-169 

7. Excerpts from Transcript of Mickey Moza Deposition, June 27, 2023 ................... 170-184 

8. Declaration of Antonio Juarez, HR Director, Exel, Inc., d/b/a DHL Supply Chain, 

February 15, 2024 .................................................................................................... 185-212 

9. Declaration of Bruce Gillis, Head of Compliance, Businessolver.com, Inc., 

February 15, 2024 .................................................................................................... 213-225 

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 1 of 243 PageID 732
APPENDIX IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY JUDGMENT—Page 2 

FP 49332774.1 

10. Declaration of Andrew Etter, Associate General Counsel, Exel, Inc. d/b/a DHL 

Supply Chain, February 16, 2024 ............................................................................ 226-241 

Respectfully submitted, 

/s/ Annie Lau 

Annie Lau 

Texas Bar No. 24057723 

FISHER & PHILLIPS LLP 

500 N. Akard Street, Suite 3550 

Dallas, Texas 75201 

Telephone: (214) 220-9100 

Facsimile: (214) 220-9122 

alau@fisherphillips.com 

COUNSEL FOR DEFENDANT 

EXEL INC. d/b/a DHL SUPPLY CHAIN 

CERTIFICATE OF SERVICE 

On the 16th day of February, 2024, I filed the foregoing document with the Clerk of Court for the 

United States District Court, Northern District of Texas, using the Court’s Electronic Case Filing 

system. I hereby certify that I have served the document on all counsel of record by a manner 

authorized by FED. R. CIV. P. 5 (b)(2). 

Bob Whitehurst 

5380 Old Bullard Road, Suite 600, #363 

Tyler, TX 75703 

whitehurstlawfirm@yahoo.com 

Donald E. Uloth 

LAW OFFICE OF DONALD E. ULOTH

18208 Preston Road, Suite D-9 #261 

Dallas, TX 75252 

don.uloth@uloth.pro 

/s/ Annie Lau 

Annie Lau 

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 2 of 243 PageID 733
1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS, )

 Plaintiff, )

4 )

 )

5 VS. ) CIVIL ACTION NO:

 ) 3:22-cv-01840-C

6 EXEL,INC D/B/A DHL SUPPLY )

 CHAIN, )

7 Defendant. )

8

9

10

 -----------------------------------

11 ORAL DEPOSITION OF

12 JASON WALTERS

13 APRIL 11, 2023

 -----------------------------------

14

15

16

17 ORAL DEPOSITION OF JASON WALTERS, produced as

18 a witness at the instance of the Defendant, and duly

19 sworn, was taken in the above-styled and -numbered cause

20 on April 11, 2023, from 9:31 a.m. to 3:56 p.m., before

21 Melanie Seifert, CSR in and for the State of Texas,

22 reported by machine shorthand, at the Mineola Civic

23 Center, 1150 North Newsom Street, Mineola, Texas,

24 pursuant to the Federal Rules of Civil Procedure and the

25 provisions stated on the record or attached hereto.

Page 1

Veritext Legal Solutions

800-336-4000

APP 001

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 3 of 243 PageID 734
1 A P P E A R A N C E S

2

 FOR THE PLAINTIFF:

3

 Bob Whitehurst

4 WHITEHURST & WHITEHURST

 5380 Old Bullard Road, Suite 363

5 Tyler, Texas 75703

 Phone: (903) 593-5588

6 E-mail: whitehurstlawfirm@yahoo.com

7

 FOR THE DEFENDANT:

8

 Arthur V. Lambert

9 FISHER & PHILLIPS, LLP

 500 North Akard Street, Suite 3550

10 Dallas, Texas 75201

 Phone: (214) 220-9100

11 E-mail: alambert@fisherphillips.com

1 2

1 3

1 4

1 5

1 6

1 7

1 8

1 9

2 0

2 1

2 2

2 3

2 4

2 5

Page 2

Veritext Legal Solutions

800-336-4000

APP 002

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 4 of 243 PageID 735
1 INDEX

2 PAGE

3 Appearances.....................................2

4 Agreements......................................6

5 Exhibit Index...................................4

6 JASON WALTERS

7 Examination by Mr. Lambert......................6

8 Signature and Changes.........................210

9 Reporter's Certificate........................212

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 3

Veritext Legal Solutions

800-336-4000

APP 003

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 5 of 243 PageID 736
1 EXHIBITS

2 EXHIBIT NAME DESCRIPTION PAGE

3 Exhibit 1 Application For Employment.......11

4 Exhibit 2 Plaintiff's Additional Disclosure

 Pursuant To The Civil Justice

5 Expense And Delay Reduction

 Plan.............................19

6

 Exhibit 3 Exel Letter 6/8/2011

7 Exel 000012......................34

8 Exhibit 4 Charge of Discrimination.........36

9 Exhibit 5 Plaintiff's Second Amended

 Original Complaint...............86

10

 Exhibit 6 Statement By DeNeill Hooper

11 Exel 00114-00115................122

12 Exhibit 7 Complainant/Witness Statement

 Form-Exel 00116.................127

13

 Exhibit 8 Complainant/Witness Statement

14 Form-Exel 00117.................128

15 Exhibit 9 Corrective Action Form Exempt

 Level Associates-Exel 00120.....133

16

 Exhibit 10 Video Photos....................136

17

 Exhibit 11 Plaintiff's Response And Objections

18 To Defendant's First Set Of

 Interrogatories.................140

19

 Exhibit 12 Plaintiff's Response And Objections

20 To Defendant's Second Set Of

 Interrogatories.................152

21

 Exhibit 13 Jason Walters' Resume...........162

22

 Exhibit 14 Corrective Action Notice

23 Exel 00196-00198................182

24 Exhibit 15 Attendance Corrective Action Notice

 Exel 00276-00360................187

25

Page 4

Veritext Legal Solutions

800-336-4000

APP 004

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 6 of 243 PageID 737
1 EXHIBITS CONTINUED

2 EXHIBIT NAME DESCRIPTION PAGE

3 Exhibit 16 Tammy Williams' Text Messages...198

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 5

Veritext Legal Solutions

800-336-4000

APP 005

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 7 of 243 PageID 738
1 P R O C E E D I N G S

2 THE REPORTER: Today is April 11th, 2023.

3 The time is 9:31 a.m. This is the deposition of Jason

4 Walters, in the matter of Jason Walters versus Exel,

5 Inc. d/b/a DHL Supply Chain, Civil Action No.

6 3:22-cv-01840-C. We are located at the Mineola Civic

7 Center, 1150 N. Newsom Street, Mineola, Texas.

8 Would counsel state your appearances and

9 any agreements for the record.

10 MR. WHITEHURST: This is Bob Whitehurst,

11 for the plaintiff, Mr. Jason Walters. I'd like you to

12 send it to read -- to read and sign the deposition.

13 MR. LAMBERT: Okay. Art Lambert, for the

14 defendant.

15 (Witness sworn.)

16 JASON WALTERS,

17 having been first duly sworn, testified as follows:

18 EXAMINATION

19 BY MR. LAMBERT:

20 Q. Mr. Walters, good morning.

21 A. Good morning.

22 Q. How are you doing today?

23 A. Very well, sir.

24 Q. Great. Have you ever had a deposition taken

25 before?

Page 6

Veritext Legal Solutions

800-336-4000

APP 006

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 8 of 243 PageID 739
1 MR. WHITEHURST: I don't have them. I told

2 Theresa --

3 MR. LAMBERT: Deanna.

4 MR. WHITEHURST: Yeah. There's thousands

5 of pages.

6 MR. LAMBERT: Okay.

7 MR. WHITEHURST: I don't have them.

8 How many have you got today?

9 THE WITNESS: All of them.

10 MR. LAMBERT: Okay. We'll see what we have

11 to do with that.

12 MR. WHITEHURST: Okay.

13 THE WITNESS: It's just -- just expenses

14 for my son's insurance payouts. Summaries.

15 Q. (BY MR. LAMBERT) Okay. Where do you currently

16 live?

17 A. I live at 142 County Road 2437, Mineola, Texas.

18 Q. How long have you lived there?

19 A. Oh, we've been there approximately 12 years.

20 Q. Do you live with anyone else?

21 A. I live with my wife of 27 years and my son.

22 Q. Okay. How old is your son?

23 A. He's 16.

24 Q. What's your highest level of education?

25 A. Some college. First year of college.

Page 10

Veritext Legal Solutions

800-336-4000

APP 007

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 9 of 243 PageID 740
1 Q. And operations manager, we're talking about

2 Eartis Shaw?

3 A. Yes.

4 Q. And with you, we're talking about the

5 operation -- you had operations supervisor, right?

6 A. Yes, sir.

7 Q. What do you mean -- what's set up shifts?

8 A. We'd show up; look at the pass-down for

9 information of orders that were to be fulfilled. Any

10 kind of special equipment or prioritization would be set

11 up and ready to go for the associates when they started

12 at 0600.

13 Q. The associates are the people that do the bulk

14 of the work; the manual labor?

15 A. Yes, sir.

16 Q. What's pass-down?

17 A. Pass-down is information from a prior shift to

18 the oncoming shift.

19 Q. Like, what kind of information?

20 A. Attendance, how many units were pulled and

21 loaded, shipped, any kind of special situations that

22 would need to be addressed in order to make things more

23 smooth on the next shift. It was just kind of a

24 heads-up for the next shift.

25 Q. For the next shift. For the next shift?

Page 21

Veritext Legal Solutions

800-336-4000

APP 008

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 10 of 243 PageID 741
1 A. The next shift. Yes, sir.

2 Q. So what would you do in response to receiving

3 that information of pass-down?

4 A. I would prepare whatever it took to get the job

5 done for the next shift.

6 Q. Like, what kind of things would you have to

7 prepare?

8 A. We'd have to get equipment put into the doorway

9 so that they could be loaded, make sure that we had the

10 proper equipment on hand, operational equipment,

11 condition of forklifts, are they charged and ready to go

12 for the shift, any kind of damages that we see that were

13 not reported prior to the -- me getting there, condition

14 of the dock, condition of the aisles where we would be

15 working. All those -- all those things.

16 Q. You had mentioned special equipment. What type

17 of special equipment would you use?

18 A. Forklifts, clamp trucks, 18-wheelers, trailers.

19 Q. So explain to me what happened --

20 A. Golf carts.

21 Q. So you kind of got in at five o'clock and you

22 were setting up shifts, right? What does that entail?

23 Other -- you looked at the pass-down. You checked out

24 what sort of special equipment and you prioritized --

25 prioritized what?

Page 22

Veritext Legal Solutions

800-336-4000

APP 009

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 11 of 243 PageID 742
1 A. The due date or the time that a order was due

2 out by.

3 Q. So would you assign personnel for equipment

4 based on what the priorities were necessary?

5 A. That is correct.

6 Q. I'm just trying to get an idea from your day to

7 day.

8 A. Sure.

9 Q. So you would come in; get this pass-down from

10 the prior supervisor. Hopefully a complete one, right?

11 A. Right.

12 Q. And from that, you're trying to determine,

13 okay, I got this needs to go out. This needs to go out.

14 This needs to go out. This needs to go out. Just

15 approximate, right?

16 A. That's correct.

17 Q. I need this to get this out. I need this to

18 get that out. I need this to get that out. I need this

19 to get that out.

20 A. Right.

21 Q. In order to get this out, maybe I'm going to

22 need -- well, you may -- you know, maybe I need the

23 forklifts here because I need to make sure the loading

24 bay is clear --

25 A. Right.

Page 23

Veritext Legal Solutions

800-336-4000

APP 010

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 12 of 243 PageID 743
1 Q. -- so I can get that or whatever. You're

2 making decisions like that to kind of -- setting up how

3 you're going to --

4 A. That's correct.

5 Q. This -- or sometimes this is the highest

6 priority. Everything's got to go --

7 A. Right.

8 Q. -- to this. All resources go to that, right?

9 A. Right.

10 Q. That would be what you're looking at, as

11 opposed to -- this is kind of what lawyers do. This is

12 my day, as I look at my day, and I say this has to go

13 out at nine o'clock; everybody stop; this is what we're

14 doing versus these have to go out today --

15 A. Right.

16 Q. -- and, you know, my secretary has nothing.

17 I've got to do this, then --

18 A. Stop what you're doing and make it happen.

19 Q. And other times I know I just need to do this

20 earlier because this is more work-intensive, that type

21 of thing; is that fair?

22 A. Yes.

23 MR. LAMBERT: Bob, was that a fair

24 assessment of what you do every day?

25 MR. WHITEHURST: Some. Whatever jumps up

Page 24

Veritext Legal Solutions

800-336-4000

APP 011

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 13 of 243 PageID 744
1 and bites me.

2 MR. LAMBERT: Yeah.

3 Q. (BY MR. LAMBERT) Just like yours. Sometimes

4 you think you have an easy day and all of a sudden you

5 don't.

6 A. It can change very rapidly.

7 Q. Yeah. Okay. So the associates -- and, again,

8 that's what DHL -- that's what Exel calls the workers,

9 right?

10 A. That's correct.

11 Q. That's just the lingo we're talking about,

12 right?

13 A. Right.

14 Q. Ten hours a day.

15 Plaintiff and others in this position. Do

16 you mean other operation supervisors work 12 hours a

17 day?

18 A. Yes.

19 Q. Or more depending on the workload. So

20 sometimes you work more than 12 hours a day?

21 A. That's correct.

22 Q. How many other operation supervisors were

23 there?

24 A. In March, there would have been four day shift

25 and four night shift plus any college recruits that they

Page 25

Veritext Legal Solutions

800-336-4000

APP 012

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 14 of 243 PageID 745
1 measured on productivity.

2 Q. What did the person on the floor do?

3 A. Made sure everything was running properly, that

4 people were working instead of loafing. It wasn't

5 anything unusual, like forklift parked for an hour, you

6 know, why is -- why is this happening?

7 Our main -- our main goal was to maintain

8 safety for the associates so that they were not injured

9 in any way.

10 Q. Had you had safety training anywhere along the

11 line?

12 A. Yes.

13 Q. Where did you get safety training?

14 A. Through -- through DHL. Exel.

15 Q. What type of safety training?

16 A. Forklift safety training, basic -- basic

17 training on what your expectation is, dress code, steel

18 -toed shoes.

19 Q. Appropriate -- yeah.

20 A. Yes. Appropriate personal protective

21 equipment, reflective and high vis colors, steel-toed

22 shoes.

23 Q. Were you certified in any way on safety?

24 A. I don't recall getting a certificate.

25 Q. Do you know if those are certified classes?

Page 29

Veritext Legal Solutions

800-336-4000

APP 013

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 15 of 243 PageID 746
1 Q. Right.

2 A. -- just didn't change their name.

3 Q. Yeah. See, I talked over you. I'm sorry.

4 And is that your signature on the second

5 page?

6 A. Yes.

7 Q. And that was your starting salary was 43 grand?

8 A. Yes, sir.

9 Q. And did you receive raises while you were at

10 the company?

11 A. Yes.

12 Q. The fourth paragraph down, it says your new

13 your position qualifies you as a member of Bonus Group

14 E, with a maximum payout of ten percent.

15 Do you see where reading?

16 A. Yes.

17 Q. Included in this offer packet is a copy of the

18 Management Incentive Plan. What was that?

19 A. It was based on performance for the site and

20 individual performance.

21 Q. Did you ever receive bonus through the

22 Management Incentive Plan?

23 A. I believe that that lasted about two years, and

24 then they did away with it.

25 Q. Okay. During those two years, did you receive

Page 35

Veritext Legal Solutions

800-336-4000

APP 014

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 16 of 243 PageID 747
1 Q. Who is Andres Miranda?

2 A. He is the -- one of the other day shift

3 supervisors.

4 Q. And when -- when did you talk to Mr. Miranda?

5 A. Sometime after -- maybe a month after March.

6 So April, maybe. I couldn't be for sure on that, of

7 course.

8 Q. And he told you John Oloh took -- took over

9 your position?

10 A. Yes.

11 Q. What else did you talk about with Mr. Miranda?

12 A. I think the only other thing we talked about

13 was the passing of my -- I call -- I always called him

14 my mirror. Bill Huhner. He was another supervisor on

15 my shift and -- he and I were on the same shift

16 together, and he died suddenly.

17 Q. When did that happen? After you left?

18 A. Yes.

19 Q. So very shortly after you left?

20 A. Very shortly. Yes, sir.

21 Q. Do you know how old Mr. Huhner was, about?

22 A. Late 50s. 58, maybe.

23 Q. How old is Mr. Miranda?

24 A. Late 30s.

25 Q. You had mentioned B P . Who is

Page 40

Veritext Legal Solutions

800-336-4000

APP 015

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 17 of 243 PageID 748
1 B P ?

2 A. He was a supervisor that was on nights. And

3 then they asked him to come to days, I believe, after I

4 was gone.

5 Q. Come to days as what?

6 A. As operations supervisor still.

7 Q. To work alongside Mr. Oloh?

8 A. Yes. To train him up.

9 Q. Do you know if Mr. P is still there?

10 A. He is.

11 Q. How do you know that?

12 A. I should say the last I checked.

13 Q. When's the last you checked?

14 A. Maybe three or four months ago.

15 Q. How did you check?

16 A. I guess by text message.

17 Q. You texted Mr. P ?

18 A. Yeah.

19 Q. Within the last three or four months?

20 A. Yeah.

21 Q. And what did you text him about?

22 A. I think I was asking about what his -- what

23 Johnny's name was. I didn't know his last name at the

24 time.

25 Q. And do you still have those text messages?

Page 41

Veritext Legal Solutions

800-336-4000

APP 016

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 18 of 243 PageID 749
1 Q. Do you know how old Mr. Phillips is?

2 A. Mid to late 30s.

3 Q. Who is Joel Zamora?

4 A. Joel Zamora was an inventory supervisor. And

5 just prior to that, I believe they started training him

6 for a night shift supervisor, as a backup or something

7 to that effect.

8 Q. Do you know Enrique Lopez?

9 A. Yes. Okay. Enrique was the new guy. I don't

10 know what they were training him for. My understanding

11 was he was a relative of the inventory manager's, Jose

12 Luis Gonzales.

13 Q. What's an inventory manager or inventory

14 supervisor -- or is there a difference between an

15 inventory supervisor and inventory manager?

16 A. The same kind of difference between an

17 operation manager and operations supervisor.

18 Q. Okay.

19 A. One rank above.

20 Q. So is Enrique Lopez a supervisor or a manager?

21 A. I don't know what he is.

22 Q. Okay.

23 A. He was -- he was new. I think he could settle

24 in anywhere.

25 Q. What about Diana Brock. Do you know Diana

Page 43

Veritext Legal Solutions

800-336-4000

APP 017

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 19 of 243 PageID 750
1 A. I did not receive any COBRA --

2 Q. No.

3 A. -- notices.

4 Q. Not COBRA. Your need for COBRA notice?

5 A. I needed to know when my benefits ended so that

6 we could be put on my wife's insurance. They required a

7 letter from the company.

8 Q. Did you ever get that letter from the company?

9 A. I did not.

10 Q. How did you get on your wife's insurance

11 without a letter?

12 A. She had to speak with somebody and -- with her

13 company, and they somehow got it squared away after the

14 fact. I hadn't -- I hadn't heard when the benefits

15 ended. I couldn't get a letter of when the benefits

16 ended, and that's what they wanted.

17 Q. Did your wife pay for you to be on her

18 insurance?

19 A. Yes.

20 Q. Do you know how much?

21 A. No, sir, I do not.

22 Q. You don't know how much additional your wife

23 pays for you to be on the insurance?

24 A. No.

25 Q. How about your son. Does she pay additional

Page 48

Veritext Legal Solutions

800-336-4000

APP 018

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 20 of 243 PageID 751
1 Q. Okay. What do you tell people -- when you

2 worked there, what did you tell people you did? What

3 did you tell people your job was?

4 A. Supervisor of operations.

5 Q. So your job consisted primarily of handling

6 tires for warehousing and transportation of Goodyear

7 products. That's what the company did at that facility,

8 right?

9 A. Yes, sir. At that facility, yes, sir.

10 Q. Okay. "I was misclassified as an exempt

11 employee and was making approximately $26.44 per hour.

12 I was often referred to as Papa by my coworkers."

13 Who referred to you as Papa?

14 A. It was actually Paw Paw. P-a-w P-a-w would be

15 correct. Paw Paw.

16 Q. Okay. Paw Paw by your coworkers. Who referred

17 to you as that?

18 A. Eartis, mainly. He thought that was funny.

19 Q. That -- that was your supervisor?

20 A. That was my manager, yes. Operations manager,

21 Eartis Shaw.

22 Q. How long had he been your -- your operations

23 manager, about?

24 A. Three or four years. He was in inventory

25 before he was operations manager so...

Page 54

Veritext Legal Solutions

800-336-4000

APP 019

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 21 of 243 PageID 752
1 Q. Had you received raises at all during that

2 period of time?

3 A. Yes.

4 Q. Did he give you performance reviews?

5 A. Yes.

6 Q. Did you get good performance reviews?

7 A. Yes.

8 Q. Did he treat you differently than other

9 operation supervisors or other employees?

10 A. Well, I'm the only one he called Paw Paw.

11 Q. Other than that?

12 A. And -- other than that, no.

13 Q. Do you know if you got lower raises than other

14 people?

15 A. No.

16 Q. Did you get assigned different shifts or more

17 shifts than other people?

18 A. Sometimes, yes.

19 Q. And sometimes not, right?

20 A. Sometimes the same; sometimes more. Just

21 depending on what the job required.

22 Q. Do you think that was because of your age?

23 A. I would say age and tenure.

24 Q. Your experience level?

25 A. Yes.

Page 55

Veritext Legal Solutions

800-336-4000

APP 020

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 22 of 243 PageID 753
1 manager, the OM1, which would be Eartis Shaw. The night

2 shift supervisors are generally the least experienced.

3 Q. Okay.

4 A. Sorry, I was distracted. What -- where were --

5 where were we?

6 Q. We were asking -- I was asking why you thought

7 your age had anything to do with termination at the

8 company.

9 A. Well, they didn't bring -- they didn't bring in

10 seasoned supervisors. They brought in a brand-new

11 college recruit to take my place.

12 Q. Okay. Other than that?

13 A. That's all.

14 Q. Are you saying that you believe they terminated

15 you in order to bring in this college recruit?

16 A. I would not presume to know why --

17 Q. Okay. So you don't know.

18 A. -- they did. I don't know.

19 Q. So if you weren't replaced by a college recruit

20 but by somebody else, would that make a difference?

21 A. If only in perception.

22 Q. What's that mean?

23 A. I -- I won't ever know the truth. I wasn't

24 there to find out the details. I was dismissed. So I

25 can only assume.

Page 57

Veritext Legal Solutions

800-336-4000

APP 021

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 23 of 243 PageID 754
1 MR. WHITEHURST: I need to take a

2 five-minute break.

3 MR. LAMBERT: That would be great. I was

4 just -- I was actually going to ask if you wanted to do

5 that.

6 THE REPORTER: Off the record at 10:55.

7 (Recess, 10:55-11:05 a.m.)

8 THE REPORTER: Back on the record at 11:05.

9 Q. (BY MR. LAMBERT) Okay. We are still on

10 Exhibit Number 4. About how many times would Mr. Shaw

11 call you Paw Paw? Daily?

12 A. Daily.

13 Q. About -- it says on this "Old Man." Did he

14 call you Old Man?

15 A. Old Man. Old Man. Paw Paw.

16 Q. And, again, was Mr. Shaw your age? Older than

17 you? Younger than you?

18 A. Slightly younger.

19 Q. How about Mr. Huhner?

20 A. He was a little old than I am, yeah.

21 Q. And did Mr. Shaw call him Paw Paw or Old Man?

22 A. Yes.

23 Q. Did he call anybody else Paw Paw or Old Man?

24 A. No. Not to my knowledge, I should say.

25 Q. That's -- as far as you know, yeah.

Page 58

Veritext Legal Solutions

800-336-4000

APP 022

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 24 of 243 PageID 755
1 A. Yes.

2 Q. So at that point you --

3 A. That was the schedule was 12-hour shifts.

4 Q. That's what I'm saying, yeah. Your normal

5 shift --

6 A. Right.

7 Q. -- was 12 hours?

8 A. Right.

9 Q. Just like before, it was 12 hours times four.

10 Now Thursday, Friday -- now it's 12 times three? So

11 they cut you down a day?

12 A. (Witness nodding head.)

13 Q. Did your pay stay the same?

14 A. They didn't cut the pay.

15 Q. That's what I meant.

16 A. No.

17 Q. They didn't reduce your pay. Your salary

18 stayed the same throughout that period of time and you

19 might have gotten a raise, things like that?

20 A. Right. Everything --

21 Q. They didn't reduce --

22 A. -- everything was across the board with

23 everybody when there was changes. There was never

24 individual changes.

25 Q. Right. They didn't reduce your pay when they

Page 64

Veritext Legal Solutions

800-336-4000

APP 023

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 25 of 243 PageID 756
1 reduced the hours?

2 A. They didn't reduce the hours. They reduced the

3 required shifts.

4 Q. Okay. I can -- I understand that. Believe me.

5 I feel your pain on that. They didn't reduce --

6 A. Yes.

7 Q. -- the pay -- your pay because you were working

8 a different shift schedule. Fair enough?

9 A. Uh-huh.

10 Q. Okay. Yes?

11 A. Yes.

12 Q. I do that to my kids. It drives them crazy.

13 But it's a habit.

14 A. Right.

15 Q. Okay. And you still were -- still had to work

16 Sundays --

17 A. Yes.

18 Q. -- right? When requested?

19 A. Yes, sir. And any other shift that needed to

20 be covered.

21 Q. Okay. And did you feel like you had to work

22 more of those or less of those?

23 We had talked about that before. Because

24 of your tenure, you were relied on more heavily; is that

25 fair?

Page 65

Veritext Legal Solutions

800-336-4000

APP 024

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 26 of 243 PageID 757
1 A. Operations manager.

2 Q. Did you have input into that?

3 A. Yes. If there was some kind of issue that I

4 would report or whatever, I --

5 Q. What kind of issue would you report?

6 A. Like behavioral issues or lack of productivity,

7 blatant lack of proper --

8 Q. Person not cutting the mustard?

9 A. Right. Instead of finding out months later,

10 you alert immediately and hopefully change that to being

11 productive rather than being nonproductive.

12 Q. Did you interview employees or prospective

13 employees?

14 A. Sometimes.

15 Q. Did you provide input on that?

16 A. Yes.

17 Q. Did you write up employees?

18 A. Yes.

19 Q. They had a system, right, of -- I forget what

20 it's called. A number of checks --

21 A. Right.

22 Q. -- that you had to go through, like one, two,

23 three and four?

24 A. Uh-huh.

25 Q. Yes?

Page 93

Veritext Legal Solutions

800-336-4000

APP 025

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 27 of 243 PageID 758
1 A. But yes.

2 Q. I have.

3 "Plaintiff did not represent the company in

4 the handling of complaints or in resolving grievances."

5 What does that mean? Paragraph 38 I'm

6 looking at.

7 A. If there was an issue, it would go to the

8 operations manager and the GM, and then onto corporate

9 HR.

10 Q. What kind of issue?

11 A. Any kind of grievances. If it wasn't handled

12 in-house, then it would escalate up to HR.

13 Q. I mean, you didn't handle anything on the

14 floor?

15 A. Yes. I would call people out for unsafe

16 practices and tell them why.

17 Q. Not interacting appropriately with other --

18 other employees?

19 A. Yes. If there was arguments or something like

20 that.

21 Q. Not uncommon, right?

22 A. Not uncommon when you get people together.

23 Q. And Ms. Hooper, that was a complaint, right?

24 And you handled that on your own? Certainly an issue?

25 A. Well, no, I didn't. She -- she left, went up

Page 99

Veritext Legal Solutions

800-336-4000

APP 026

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 28 of 243 PageID 759
1 terminated?

2 A. Yes.

3 Q. What did Bill have to say?

4 A. In his words?

5 Q. Uh-huh.

6 A. That's bullshit.

7 Q. Okay. Was that a phone call or in person?

8 A. That was a phone call.

9 Q. Did he tell you why you were terminated?

10 A. No.

11 Q. Then what was bullshit?

12 A. That I was terminated, in that -- at all,

13 having to do with anything.

14 Q. I mean, if he didn't know why you were

15 terminated, how did he know it was not appropriate?

16 A. I don't know -- I don't know what he knew.

17 Q. Did he --

18 A. But he -- he -- his opinion was it was

19 bullshit.

20 Q. And he didn't tell you -- or you didn't discuss

21 the reasons for your termination?

22 A. I didn't know them at the time.

23 Q. He didn't discuss what he considered to be the

24 reasons for your termination?

25 A. No.

Page 109

Veritext Legal Solutions

800-336-4000

APP 027

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 29 of 243 PageID 760
1 Q. And didn't tell you why he thought it was not

2 appropriate?

3 A. The fact that I was not told what was going on

4 or kept in the loop at all --

5 Q. Did he --

6 A. -- that's -- that's what he was referring to.

7 Q. Did he send you anything else other than this

8 screenshot?

9 A. That's all that I can recall that he sent.

10 Q. How did he send to you? By e-mail?

11 A. I think so. I'm not certain on that. It was

12 either by text or by e-mail.

13 Q. And if you could -- if I could have a copy of

14 that e-mail or text, please.

15 A. Okay.

16 Q. So that's somebody from DHL or Exel that you

17 talked to after your termination, right?

18 A. Yes.

19 Q. That's somebody we haven't talked about prior

20 to this?

21 A. Bill Huhner?

22 Q. We haven't talked about you talking to Bill

23 Huhner prior to this, right?

24 A. No. Guess not.

25 Q. Okay. So who else did you talk to that we

Page 110

Veritext Legal Solutions

800-336-4000

APP 028

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 30 of 243 PageID 761
1 in an office.

2 Q. So you've seen a video that was produced in

3 this case?

4 A. Yes.

5 Q. You say, "Plaintiff is the only person in the

6 video that can be recognized."

7 So that is you in the video?

8 A. Yes.

9 Q. And Paragraph 55, "The corrective action form

10 dated March 16th, 2022, which was first seen by

11 Plaintiff on January 17th, 2023, states in part, quote,

12 'termination for violating work rule number two class

13 two rules gross conduct,' closed quote."

14 See where I'm reading?

15 A. I do. Yes.

16 Q. What's class two mean?

17 A. I don't have that information in front of me.

18 Q. You don't recall what class two meant? You

19 don't recall if there are two levels of discipline,

20 class one for possible violations, class one and class

21 two?

22 A. It's not something I used every day. That was

23 used by operations management and the general manager.

24 Q. And you worked there for how long?

25 A. Almost 11 years.

Page 115

Veritext Legal Solutions

800-336-4000

APP 029

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 31 of 243 PageID 762
1 Q. You knew the rules of conduct that the company

2 worked by, correct?

3 A. Yes.

4 Q. And 56 is: "Based on the directive of Mr. Adam

5 Elliott on March 4th, 2022, Plaintiff, Eartis Shaw, or

6 Adam Elliott should have terminated, slash, disciplined

7 Ms. Hooper for being late again."

8 That's per that procedure we had talked

9 about earlier, right?

10 A. Yes.

11 Q. Do you know whether Ms. Hooper was disciplined?

12 A. I -- I do not. I was not party to that at all.

13 Q. The e-mail states no grace period, right? And

14 that's Exhibit A were talking about?

15 A. Yes.

16 Q. And Plaintiff did not terminate/discipline

17 Ms. Hooper because did not have the authority to

18 terminate an employee.

19 We talked about that, right?

20 A. Yes.

21 Q. But you did have the ability to discipline

22 Ms. Hooper, right?

23 A. I can call her out for it, yes, and let her

24 know, you know, where -- where she stands, if she has a

25 question on what her points are, attendance bucket,

Page 116

Veritext Legal Solutions

800-336-4000

APP 030

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 32 of 243 PageID 763
1 things like that.

2 Q. Have you written people up in the past for

3 being late, unduly, a number of times?

4 A. Yes, if told by the -- the people that keep the

5 points, the clock-in points, which is the operations

6 manager or the -- and/or the payroll person.

7 Q. So they'd tell you that this person has too

8 many late points and you'd have to write her up, right?

9 A. Yes.

10 Q. But you've written people up other things, too,

11 right? Safety violations?

12 A. Yes, sir.

13 Q. You aren't being told be somebody who's

14 upstairs to write somebody up for a safety violation,

15 correct?

16 A. Right. It goes to them after I write it up for

17 their approval.

18 Q. Right. Because you're the person who would

19 witness safety, right?

20 A. Right.

21 Q. Or procedural issues on the floor?

22 A. Yes.

23 Q. People fighting with each other, right?

24 A. Yes.

25 Q. People not doing their job correctly, right?

Page 117

Veritext Legal Solutions

800-336-4000

APP 031

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 33 of 243 PageID 764
1 did not have an intention to go on COBRA of the company?

2 A. I'm sorry. Could you repeat that?

3 Q. Yeah, that was poorly worded. Strike it.

4 Paragraph 65 says, "Plaintiff has no

5 recollection of receiving notice of the continuation of

6 COBRA rights and has not received notice except by and

7 through his attorney."

8 Is it possible you received your notice of

9 COBRA rights?

10 A. No.

11 Q. How do you know?

12 A. Because I didn't even know what they were.

13 Nobody mentioned them to me. Nobody sent them to me.

14 Q. Okay. Says you have no recollection of

15 receiving notice of the continuation of COBRA rights?

16 A. Right.

17 Q. Is that an accurate statement?

18 A. I did not receive any COBRA rights or any heads

19 up that I needed to be looking for them. Didn't know

20 what they were, what they entailed.

21 Q. Okay. And based on the statement of human

22 resource manager, Mickey Moza, they were not provided on

23 March 16, 2002.

24 What statement is that; do you know?

25 A. Are you on 65?

Page 119

Veritext Legal Solutions

800-336-4000

APP 032

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 34 of 243 PageID 765
1 Q. Yeah. You had said based on the statement of

2 human resource manager, Mickey Moza, they were not

3 provided on March 16th, 2022.

4 What statement is that?

5 A. March 16th is when I was terminated. Yes.

6 Q. Well, what statement did Mickey Moza make?

7 A. He did not make a statement. I did not -- I

8 was not invited to come in. I was terminated over the

9 phone by Eartis Shaw and Adam Elliott.

10 Q. Okay. So as we sit here today, you're not

11 aware of any statement by Mickey Moza regarding whether

12 or not your COBRA benefits were provided to you on March

13 20 -- on March 16th?

14 A. That was what number 64 states. Why could they

15 not be -- my questions be answered when I clearly asked

16 when they would end and I was referred to somebody else

17 and I was bounced back and forth and never given an

18 answer.

19 Q. Okay. Do you know when -- what date or time

20 period the COBRA notice is supposed to be received?

21 A. My understanding is that they would provide it

22 at the exit interview, which did not happen.

23 Q. Okay.

24 A. I did not have an exit interview.

25 Q. Does everyone at the company get an exit

Page 120

Veritext Legal Solutions

800-336-4000

APP 033

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 35 of 243 PageID 766
1 interview?

2 A. It's been my experience that everybody gets an

3 exit interview.

4 Q. Have you ever been present at an exit

5 interview?

6 A. I have not.

7 Q. Do you know whether at the exit interview a

8 COBRA notice is provided to somebody?

9 A. It was -- that was when it was explained to me.

10 Q. When you left your prior employer, did they

11 give you a COBRA notice when you left?

12 A. I do not recollect at that time. That was 11

13 years prior to that or 12 years prior to that.

14 Q. Okay. Have you ever seen somebody provided a

15 COBRA notice at the time they were terminated?

16 A. I've never been there for a termination.

17 Q. Ever in your career?

18 A. No.

19 Q. Paragraph 66, you say, "Due to the lapse in

20 coverage, Plaintiff and his wife could not obtain a very

21 expensive and necessary drug that Gunner needed."

22 Do you see where I'm reading?

23 A. Yes.

24 Q. How did you pay for the drug?

25 A. Are you asking me how did we --

Page 121

Veritext Legal Solutions

800-336-4000

APP 034

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 36 of 243 PageID 767
1 performance regarding class two work rule number two

2 gross misconduct, quote, "threatening associate," closed

3 quote, has been deemed unacceptable and therefore we're

4 terminating your employment effective immediately.

5 And you're saying that Eartis didn't tell

6 you anything about this?

7 A. That's correct.

8 Q. But at some point he told you that there were

9 statements made, right?

10 A. Yes.

11 Q. Did he tell you what the statements were about?

12 A. No.

13 Q. He just said two people made statements about

14 you and didn't say what?

15 A. Right.

16 Q. And you understand that threatening an

17 associate is something that's inappropriate, right?

18 A. Yes.

19 Q. It says, "grabbed associate's clothing and

20 pulled closer to body."

21 Do you see where it says that?

22 A. I do see that.

23 Q. You did grab an associate's clothing, right?

24 A. I did not.

25 Q. You did not grab an associate's clothing?

Page 134

Veritext Legal Solutions

800-336-4000

APP 035

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 37 of 243 PageID 768
1 A. I did not grab anything. I touched her jacket

2 saying that it was not proper PP&E.

3 Q. You didn't pull that jacket away from her body?

4 A. And I did not pull.

5 Q. Okay. Did you pull that clothing away from her

6 body?

7 A. Not that I know of. I mean, all I did was

8 touch the cloth and say that you know that this is not

9 proper PP&E.

10 Q. You did see the video, right?

11 A. Yes. Which you can't see her in the video.

12 Q. But do you have any reason to believe that's

13 not her in the video?

14 A. I don't know why it's off -- off screen like it

15 is. It's turned an odd -- odd manner. But she's the

16 only one I talked to, so I would -- I can only assume

17 that it was her.

18 Q. You don't have any reason to believe it was not

19 her?

20 A. I would just be guessing otherwise.

21 Q. Well, are -- is there anybody else that you may

22 have engaged on that day that way?

23 A. I engage people all day long every day about

24 work rule violations. Safety issues. Concerns.

25 (Exhibit 10 marked.)

Page 135

Veritext Legal Solutions

800-336-4000

APP 036

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 38 of 243 PageID 769
1 have an exempt position, right?

2 You can go back to that. It's Exhibit 3.

3 No, actually it doesn't say. You're being

4 paid a starting annual salary on a bi-weekly basis,

5 right?

6 A. That's what it says. Yes, sir.

7 I don't want to see anything about salary

8 exempt or -- I wouldn't even know what that means.

9 Q. Okay. And you were paid salary every two

10 weeks, right?

11 A. Every two weeks was the salary payroll.

12 Q. You also say in the answer to Interrogatory No.

13 3, "After Plaintiff was terminated, the other employees

14 avoided Plaintiff."

15 What makes you say that?

16 A. Wouldn't answer a call or a message or...

17 Q. And you talked to Eartis more than once, right?

18 A. When he called to let me know that Bill had

19 passed away, yes.

20 Q. And you talked to Bill, right?

21 A. Yes. I talked to him a couple of times that --

22 that I can recall.

23 Q. And so -- okay. We've only talked about one

24 time so far. What was the second time about?

25 A. That's a good question. I don't -- I don't

Page 145

Veritext Legal Solutions

800-336-4000

APP 037

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 39 of 243 PageID 770
1 Q. It says -- if I'm reading -- "operation

2 supervisors are told of issues that have to be addressed

3 as they become an issue."

4 Do you see where I'm reading?

5 A. Are we in the fourth paragraph?

6 Q. The fourth paragraph, yeah.

7 A. Okay. Okay. Yes. Middle ways, "operations

8 supervisors told of issues have to be addressed as they

9 become an issue." Uh-huh.

10 Q. Then they're told -- but there are issues that

11 you actually address on your own, right? On your own

12 recognizances. Safety issues, things like that?

13 A. Yes.

14 Q. People goofing off?

15 A. Yes. Productivity or lack thereof.

16 Q. Machinery that's broken down or not functioning

17 properly, things like that, right?

18 A. Yes.

19 Q. Accidents at the workplace, right?

20 A. Yes.

21 Q. What happens when somebody has an accident at

22 the workplace?

23 A. There is a statement taken from the associate

24 as to what happened. This is assuming no injury. If

25 they were injured, of course, they would be taken

Page 148

Veritext Legal Solutions

800-336-4000

APP 038

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 40 of 243 PageID 771
1 was John Dobbins and Eartis Shaw that was --

2 Q. Okay. That's who did the undermining?

3 A. -- giving -- that was giving her permission to

4 be late.

5 Q. Okay. So who was being undermined?

6 A. That would be me.

7 Q. Ah. So who is the "they" are dismissed or

8 undermined by upper management other than you?

9 A. When I say "they," I'm saying supervisors in

10 general --

11 Q. Okay.

12 A. -- as they, if you're referring to this

13 paragraph here.

14 Q. Okay. And you say, "Often operations

15 supervisors are put in bad situations to enforce rules."

16 That -- did you consider it was the responsibility of

17 operations supervisors to enforce rules?

18 A. To enforce company policies, yes, sir, and

19 rules that are there for safety reasons.

20 Q. Well, and other rules, too, right?

21 A. And other rules, too.

22 Q. Then you've got -- okay. Skipping to the next

23 paragraph down. Almost the last line, it says, "That

24 would be a total of 60 hours, but we're paid for 40

25 hours."

Page 150

Veritext Legal Solutions

800-336-4000

APP 039

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 41 of 243 PageID 772
1 treated more favorable than you under similar

2 circumstances.

3 Do you understand what that question means?

4 A. I'm reading, but I just -- it doesn't make a

5 lot of sense to me.

6 Q. Okay.

7 A. I apologize.

8 Q. Well, let me ask you this. Do you know of

9 anybody else at the company who was accused of touching

10 another employee's clothing -- any other supervisor or

11 manager who was accused of touching somebody else's

12 clothing who -- do you know of anybody else who was

13 accused of that?

14 A. Yes.

15 Q. Who?

16 A. B P .

17 Q. What was B P accused of?

18 A. Well, there were witnesses, too, and he

19 head-butted me and slapped my glasses off in front of

20 subordinates.

21 Q. And what happened to Mr. P ?

22 A. Nothing.

23 Q. What was Mr. P ' position at the time?

24 A. Operations supervisor.

25 Q. Anybody else?

Page 155

Veritext Legal Solutions

800-336-4000

APP 040

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 42 of 243 PageID 773
1 benefits?

2 A. No, sir.

3 Q. How much did you receive when you got them,

4 about?

5 A. I apologize. I don't remember the number.

6 Q. Okay.

7 A. It ended up being about six months' worth.

8 (Exhibit 13 marked.)

9 Q. (BY MR. LAMBERT) I'll show you what is marked

10 as Exhibit 13. Is this the resume we were just talking

11 about in response to Interrogatory No. 18?

12 A. Uh-huh.

13 Q. Yes?

14 A. Yes.

15 Q. Thank you.

16 This -- who prepared this resume?

17 A. I did.

18 Q. Is this a true and correct copy of your resume?

19 A. Yes.

20 Q. It's accurate?

21 A. Yes.

22 Q. And you sent this to the people that you said

23 you sent resumes to, in Interrogatory No. 18, right?

24 You sent this to prospective employers?

25 A. Right.

Page 162

Veritext Legal Solutions

800-336-4000

APP 041

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 43 of 243 PageID 774
1 A. Okay.

2 Q. Doing all the things in helping promote the

3 onboard talent of our team. Is that true? Do you

4 consider that true?

5 A. Absolutely. To me, that means hiring and

6 promoting the people that you have that have done a job.

7 Q. Then, you see where you say, "I was selected to

8 author the procedural manuals currently used at the new

9 warehouse in Forney." Is that true?

10 A. Yes.

11 Q. What warehouse is that?

12 A. The Goodyear warehouse in Forney.

13 Q. Where you worked for DHL?

14 A. Yes.

15 Q. What procedural manuals?

16 A. Operations.

17 Q. And you authored them?

18 A. Yes.

19 Q. How did you get to -- how did they choose

20 you -- or who chose you?

21 A. I don't know how high up it went, but I was

22 chosen by the operations manager to rewrite and

23 modernize the manuals.

24 Q. And who was the operation manager at the time?

25 A. That would be Eartis Shaw.

Page 165

Veritext Legal Solutions

800-336-4000

APP 042

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 44 of 243 PageID 775
1 Q. What did that entail, writing the procedural

2 manuals?

3 A. Making sure that the steps and the information

4 included were accurate as to our specific operation.

5 Q. When you're getting, parens, transition from

6 Terrell, what does that mean?

7 A. That was at the time when we were transitioning

8 from our Terrell warehouse to the new warehouse at

9 Forney.

10 Q. Were there already procedural manuals in place

11 or did you make them from scratch?

12 A. There were ones in place.

13 Q. So you just revised and...

14 A. Yes.

15 Q. Based on your experience and knowledge in the

16 area?

17 A. Yes.

18 Q. When you say you were tasked with settings up

19 the new operation in Forney, that's from the move from

20 Terrell, right?

21 A. Yes, sir.

22 Q. And that's correct?

23 A. Yes.

24 Q. Who gave you that task?

25 A. That would be the GM and the OM.

Page 166

Veritext Legal Solutions

800-336-4000

APP 043

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 45 of 243 PageID 776
1 Q. The GM at the time would have been John

2 Dobbins?

3 A. Yes.

4 Q. And the OM was Eartis?

5 A. Yes, sir.

6 Q. Then, you shut down operations in Terrell.

7 What did that entail?

8 A. That was disposing of items that we weren't

9 going to need in the new warehouse, breaking down and

10 sending over empty rack as we emptied the product. The

11 product that we did have we would load them up on trucks

12 and then take them over and then restock them into the

13 Forney warehouse.

14 Q. Okay. And down in "Experience," it's got

15 operations supervisor. That's while you were at DHL,

16 right?

17 A. Yes.

18 Q. June '11 to March 2022?

19 A. Yes.

20 Q. What do you say when a prospective employer

21 asks why you're no longer at your company?

22 A. Well, they haven't asked me.

23 Q. Okay.

24 A. Haven't had one ask me yet.

25 Q. Oh, okay. First bullet point says, "trained,

Page 167

Veritext Legal Solutions

800-336-4000

APP 044

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 46 of 243 PageID 777
1 mentored and motivated employees to maximize team

2 productivity," right?

3 A. Yes.

4 Q. How do you do that? How do "you" do that?

5 A. Making sure that my trainer or trainers are

6 doing their job properly, teaching them safe practices,

7 encourage them to be safe and get up to the goal of

8 productivity.

9 Q. How do you make sure your trainers do their job

10 properly?

11 A. Go around and check them every once when

12 they're working with the -- their new people, training

13 them, asking how it's going, is there anything I can do

14 to help.

15 Q. If you see they're not doing it properly, do

16 you advise them?

17 A. What was that again?

18 Q. If you see that the trainers aren't doing what

19 you think is the proper method, would you -- do you

20 advise them on how to do that or mentor them?

21 A. Yes.

22 Q. And next bullet point, you disseminate safety

23 information. Do you give safety classes to the

24 associates?

25 A. I do not.

Page 168

Veritext Legal Solutions

800-336-4000

APP 045

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 47 of 243 PageID 778
1 Q. Okay. You just make sure they comply, like we

2 talked about, right?

3 A. Yes.

4 Q. Monitor employee compliance, right, with

5 regulatory and organizational policies.

6 How do you know the regulatory policies?

7 A. By the operations manuals, and the processes

8 are specifically called out to tell how to accomplish it

9 from start to finish.

10 Q. In the training you receive, right?

11 A. Yes.

12 Q. That we talked about before?

13 A. Yes.

14 Q. Then, you say you developed initiates for

15 process improvement and review and assessed ongoing

16 operations. What does that mean?

17 A. That's if we see a better way of doing

18 something, we bring it up and we try to always improve

19 as we go. And if we need to change the process to make

20 it more productive, then that's what we do, as long as

21 doesn't compromise safety.

22 Q. We or you?

23 A. It -- it includes me. Includes everybody.

24 We're a whole team.

25 Q. All the operations supervisors?

Page 169

Veritext Legal Solutions

800-336-4000

APP 046

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 48 of 243 PageID 779
1 the operational folks, right?

2 A. Yes.

3 Q. You built and developed employee talent; is

4 that true?

5 A. It's true.

6 Q. How do you build and develop employee talent?

7 A. Keep building them up, make them better.

8 Q. How do you make them better?

9 A. Make them more efficient, make them -- it's

10 repetitional, a lot of things, as they -- as they go

11 along and there's a natural repetition and you're going

12 to get better at it.

13 Q. You teach them better ways to do things?

14 A. Absolutely.

15 Q. So you correct them if they're not doing it

16 properly?

17 A. Yes.

18 Q. It says resulting in advancement within the

19 company. How so?

20 A. Promote from within instead of hire from

21 without.

22 Q. Who came off of your team that was promoted

23 from within?

24 A. One of my inventory guys is the OM2 at night.

25 Q. Who is that?

Page 171

Veritext Legal Solutions

800-336-4000

APP 047

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 49 of 243 PageID 780
1 A. Jason Smith.

2 Q. He used to work for you?

3 A. Yes.

4 Q. Did you recommend him to be promoted?

5 A. Yes.

6 Q. How does that work?

7 A. Word of mouth. You know, if they make an

8 application, somebody says what do you think -- you

9 know, what do you think about this? You know, encourage

10 that absolutely they'll do a great job.

11 Q. Next bullet point, you met productivity goals

12 by adhering to operating standards and managing labor

13 and expenses. That's true, right?

14 A. Yes.

15 Q. How do you manage labor and expenses?

16 A. Managing the labor is the expense for us, our

17 particular site, making sure that they're performing at

18 their best. That way we get the best return for -- for

19 the money that's being spent.

20 Q. How do you manage labor and what's that mean?

21 A. Making sure they're being productive for the

22 time that they are on the clock. In our particular

23 instance, it's moving tires out.

24 Q. As you flip the page, next bullet point is you

25 execute and optimize operational responsibilities to

Page 172

Veritext Legal Solutions

800-336-4000

APP 048

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 50 of 243 PageID 781
1 they're picked to the drop-off point, that's less travel

2 time, which is less wasted time.

3 Q. Okay. You say -- the next bullet point, you

4 trained team members on best practices and protocols.

5 How did you do that?

6 A. Well, that's making sure everybody's pulling

7 the right direction, making sure that the team is doing

8 what they're supposed to be doing and making sure

9 they're doing what they're supposed to be doing.

10 Q. What do you do to train?

11 A. What do we do to train? Teach them how

12 to drive --

13 Q. What do you do to train?

14 A. Well, the first thing I do is know how to do

15 everything that they do. So I know how to drive the

16 forklifts and operate the forklifts and -- as well as

17 knowing the paperwork part of it and the planning in the

18 areas of the warehouse where -- like I said, where it

19 needs to be dropped, close by that certain area that

20 they're being pulled from.

21 Q. And is that the same when you identify areas of

22 deficiency and perform root cause analysis to solve

23 problems?

24 A. Right.

25 Q. Can you think of any problems that you did do

Page 174

Veritext Legal Solutions

800-336-4000

APP 049

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 51 of 243 PageID 782
1 that to?

2 A. If we have a failure, like a failure of getting

3 a load out on time --

4 Q. Uh-huh.

5 A. -- and we didn't rearrange the labor to make

6 this one happen but we got the one that's not due for

7 another four hours, you know, that one got done four

8 hours ahead of schedule while this one was late. We

9 should have shifted. That's the best practice is to

10 make sure you shift your labor to the one that's going

11 to be late.

12 Q. That's what we had talked about before kind of,

13 right? You sometimes --

14 A. Uh-huh.

15 Q. -- all hands on deck needs to be done, and

16 other times you need to figure out --

17 A. Right. It could slip by you if you're not

18 paying attention.

19 Q. And you're the person who was making those

20 calls at the beginning, right?

21 A. Uh-huh.

22 Q. Based on the handover or whatever it's called?

23 A. Pass-down.

24 Q. Thank you.

25 A. That's what I call it. That's what we've

Page 175

Veritext Legal Solutions

800-336-4000

APP 050

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 52 of 243 PageID 783
1 always called it.

2 Q. Okay.

3 A. The new guys started to call it something

4 different but...

5 Q. That's why I bumped my head.

6 Okay. You say you built strong -- strong

7 operational teams to meet process and production

8 demands. What do you do to build a team?

9 A. The best thing to do is make sure you retain

10 your associates and ensure that they're doing what

11 they're supposed to be doing. They're not getting in

12 trouble. They're not being lazy. They're not being

13 unsafe. They're certainly not getting injured.

14 And the more you retain them, the better

15 your product -- productivity is going to be. They're

16 going to be experienced. They're going to know at the

17 drop of a hat what to do. You give it to them, they run

18 with it instead of having to babysit them.

19 Q. Would it be accurate to say you can't treat all

20 your associates -- you can't handle all your associates

21 the same way?

22 A. No.

23 Q. Different people have to be handled different

24 ways?

25 A. Sure.

Page 176

Veritext Legal Solutions

800-336-4000

APP 051

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 53 of 243 PageID 784
1 Q. And you use your years' experience in dealing

2 with these people to do that, right?

3 A. Yes.

4 Q. Next bullet, you trained, assisted and

5 supervised 45-member team resulting in improved

6 efficiency.

7 You supervised 45 people at DHL?

8 A. The numbers fluctuate, but up to -- up to 45,

9 yeah.

10 Q. And you were responsible for training 45 people

11 or whatever that -- whatever your team was at that time?

12 A. Well, they never -- you never trained all at

13 one time, but --

14 Q. Yeah.

15 A. -- train up.

16 Q. But you were responsible for seeing that they

17 were trained properly?

18 A. Yes.

19 Q. And if not, you would assist them, right?

20 A. That's correct.

21 Q. And you were responsible for making sure that

22 their efficiency was where it should be, right?

23 A. That's correct.

24 Q. Which including the next bullet, you delegated

25 properly, set -- setting priorities and goals for every

Page 177

Veritext Legal Solutions

800-336-4000

APP 052

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 54 of 243 PageID 785
1 shift and your team.

2 A. Yes.

3 Q. Is that fair?

4 A. Yes.

5 Q. I'm trying to -- I'm sorry. I'm trying to --

6 we talked about mentoring, right? That's the same thing

7 we had talked about before. Supplying knowledge of

8 various company programs?

9 A. Uh-huh.

10 Q. And help people fit in and know the right

11 protocols?

12 A. Yes.

13 Q. Okay. And we talked about the next bullet

14 point, where you help figure out how to cover priority

15 tasks, right?

16 A. Yes.

17 Q. That's that pass-down where you then --

18 A. Uh-huh.

19 Q. -- determine how best to handle the problems

20 that you've been given by the night shift?

21 A. Yes.

22 Q. Is that a fair statement?

23 A. Yes, sir.

24 Q. Research and prepared reports required by

25 management for governmental agencies.

Page 178

Veritext Legal Solutions

800-336-4000

APP 053

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 55 of 243 PageID 786
1 their destinations, the loads may have shifted and could

2 possibly fall out and create a dangerous condition. So

3 that's the kind of things that we --

4 Q. And you were --

5 A. -- watched for, tried to resolve.

6 Q. You were the interface between DHL and the

7 trucking company for that type of thing?

8 A. Yes. And we ran it up the flagpole, too, with

9 upper management as well. Kept them abreast of the

10 situations.

11 Q. Because it's important to keep vendors happy,

12 right?

13 A. Absolutely.

14 Q. You reviewed reports on employee attendance,

15 productivity and effectiveness. Those are the reports

16 that you had talked about that get kicked out; is that

17 right? The productivity and attendance reports?

18 A. It's not so much as a report as it is

19 individual -- as it becomes an issue. It's not a report

20 you print out every single day for every single person.

21 It's just the people that have an issue so that you

22 would --

23 Q. So there's, like, a process or a program that

24 shows that somebody's having a productivity issue?

25 A. Right.

Page 180

Veritext Legal Solutions

800-336-4000

APP 054

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 56 of 243 PageID 787
CHANGES AND SIGNATURE 

WITNESS NAME: JASON WALTERS 

DATE: APRIL 11, 2023 

PAGE LINE CHANGE REASON 

4,-2"/

'9 Ve C ilteleL &z 77/L 

41 tija.6 amt S.)n eito LO-4,4 mi ( 

Maas I-S. dVe In MC , lja,4,5 Were, /it'e/ 

40 /7 i€, Li tthe C. 0 nbot/eQ-t_Ase 6? i/etyo 

frilotwe. lose r ccJ yi:p6 4,Pcis )r) 41‘e 

( AMP heritt- la 41 M45 eick( -7--4eis-. eiti, 

bufki2-0 / aos to 4-tore5/ yuwvico 

lL4 'IS C ..)-e g Sal ra . 

r. o 14 c& k lAi LL-g(104 O-12----1-hp ascoce 

...1-aftenil sei.1-49 nil) lc 1 rii--cic 0. 1:: 0c 

411.1inei ‘944 0 a -the ecitift_myvt 4- a clad 1* 

1 )161 lead _I: *aide/ (befirdiZiced 

(roc 4,17M' .7LN:id iy, a.; eq( tri-L7 

40ht@e- )) Or-7 rr". 0 SClelei (_=- . . -7-1v. itigS. 

/ ifr •10 Nk-k h Ol..4 / alerS. . 

Page 210 

Veritext Legal Solutions 

800-336-4000 

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 

APP 055

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 57 of 243 PageID 788
JASON WALTERS 

NABOUR- QUINUWA 

Notary Public, State of Texas MyComminionapims 

SpestamberD1,2024 

NOTARY ID 1209093-4 

1 I, JASON WALTERS, have read the foregoing 

deposition and hereby affix my signature that same is 

2 true and correct, except as noted above. 

3 

4 

5 

6 

7 THE STATE OF iier-in 5' ) 

8 COUNTY OF Li 

9 

10 Before me, t).1111291t4t eat'd on this day 

11 personally appeared JASON WALTERS, known to me (or 

12 proved to me under oath or through 

13 iverl.toc4k4ce ) (description of identity 

14 card or other document) to be the person whose name is 

15 subscribed to the foregoing instrument and acknowledged 

16 to me that they executed the same for the purposes and 

17 consideration therein expressed. 

18 Given under my hand and seal of office this 

19 day of I,/ ;26 9-3 

20 

21 

22 

NOTARY PUBLIC IN AND FOR 

23 THE STATE OF ..;;;Lya..s.... 

COMMISSION EXPIRES: 41— 

24 

25 Job No. TX5787736 

Page 211 

Veritext Legal Solutions 

800-336-4000 

9

179e-LeLiat/Aata,nct, 

APP 056

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 58 of 243 PageID 789
1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS, )

 Plaintiff, )

4 )

 )

5 VS. ) CIVIL ACTION NO:

 ) 3:22-cv-01840-C

6 EXEL,INC D/B/A DHL SUPPLY )

 CHAIN, )

7 Defendant. )

8

 REPORTER'S CERTIFICATION

9 DEPOSITION OF JASON WALTERS

 APRIL 11, 2023

10

11 I, Melanie Seifert, Certified Shorthand Reporter in

 and for the State of Texas, hereby certify to the

12 following:

13 That the witness, JASON WALTERS, was duly sworn by

 the officer and that the transcript of the oral

14 deposition is a true record of the testimony given by

 the witness;

15

16 I further certify that pursuant to FRCP Rule 30(F)

 (1) that the signature of the deponent:

17

18 __X__ was requested by the deponent or a party

 before the completion of the deposition and returned

19 within 30 days from date of receipt of the transcript.

 If returned, the attached Changes and Signature Page

20 contains any changes and the reasons therefor:

21

 ____ was not requested by the deponent or a party

22 before the completion of the deposition.

23

 I further certify that I am neither counsel for,

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

 attorneys in the action in which this proceeding was

25 taken, and further that I am not financially or

Page 212

Veritext Legal Solutions

800-336-4000

APP 057

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 59 of 243 PageID 790
1 otherwise interested in the outcome of the action.

2 Further,I am not a relative or employee of any

 attorney of record in this cause, nor do I have a

3 financial interest in the action.

4 Certified to by me this 25th day of April, 2023.

5

6

 <%26419,Signature%>

7 MELANIE SEIFERT, CSR 7234

 Expires October 31, 2024

8 Script Deposition Services, LLC.

 Firm Registration No. 11972

9 P.O. Box 60

 China Spring, Texas 76633

10 (903) 470-0098

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 213

Veritext Legal Solutions

800-336-4000

APP 058

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 60 of 243 PageID 791
APP 059

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 61 of 243 PageID 792
APP 060

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 62 of 243 PageID 793
APP 061

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 63 of 243 PageID 794
4 

JASON 

WALTERS 

903-283-0404 m249sawgunr@yahoo.com Mineola, TX 75773 

SUMMARY 

Results-focused logistics professional with strength in teamwork. Proactive leader with strengths in 

communication and collaboration. Proficient in leveraging assets and maintaining a positive attitude 

to get the job done, efficiently and safely ... all while maintaining situational awareness so as to 

acknowledge and promote the on board talent of our team. Adept at managing concurrent 

objectives to promote efficiency and influence positive outcomes. I was selected to author the 

procedural manuals currently used at the new warehouse in Forney (transition from Terrell). I was 

tasked with setting up the new operation in Forney before we started moving all product to the new 

warehouse and then also sent back to shut down operations in Terrell and see that all product was 

sent over and correctly notated. I coordinated with our drivers and dispatched them to make that 

happen safely and efficiently. 

SKILLS 

• Friendly, Positive Attitude 

• Good Work Ethic 

• Reliable & Trustworthy 

• People Skills 

• Organizational Skills 

• Critical Thinking 

• Customer Service 

• Active Listening 

• Planning & Organizing 

• Problem Resolution 

• Supervision & Leadership 

• Relationship Building 

• Team Building 

• Team Management 

• Conflict Resolution 

• Training & Development 

• Basic Math 

• Data Management 

• PPE Use 

• First Aid/CPR 

• Maintenance & Repair 

EXPERIENCE 

Operations Supervisor 

DHL Supply Chain I Forney, TX I Jun 2011-Mar 2022 

• Trained, mentored and motivated employees to maximize team productivity. 

• Disseminated safety information and monitored employee compliance with regulatory and 

organizational policies. 

• Developed initiatives for process improvement and reviewed and assessed ongoing operations. 

• Drove standardized best practices and leveraged support functions to optimize operational 

performance while meeting goals. 

• Built and developed employee talent to drive engagement, resulting in advancement within 

company. 

• Met productivity goals by adhering to operating standards and managing labor and expenses. 

APP 062

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 64 of 243 PageID 795
• Executed and optimized operational responsibilities to promote seamless delivery of services. 

• Implemented process innovations to improve overall performance and reduce labor costs. 

• Reduced process lags and trained team members on best practices and protocols. 

• Identified areas of deficiency and performed root-cause analysis to solve problems. 

• Built strong operational teams to meet process and production demands. 

• Trained, assisted and supervised 45-member team, resulting in improved efficiency. 

• Delegated work to staff, setting priorities and goals. 

• Provided leadership, insight and mentoring to newly hired employees to supply knowledge of 

various company programs. 

• Developed work schedules according to budgets and workloads, covering priority tasks. 

• Participated in subordinates' tasks to facilitate productivity or help overcome difficulties. 

• Recruited, interviewed and selected employees to fill vacant roles. 

• Researched and prepared reports required by management or governmental agencies. 

• Guided employees in handling difficult or complex problems. 

• Consulted with managers to resolve problems relating to employee performance, office 

equipment and work schedules. 

• Resolved customer complaints or answered customers' questions. 

• Recommended solutions related to staffing issues and proposed procedural changes to 

managers. 

• Reviewed reports on employee attendance, productivity and effectiveness to evaluate 

performance. 

• Coordinated with other supervisors, combining group efforts to achieve goals. 

• Discussed job performance problems with employees, identifying causes and issues to find 

solutions. 

• Reviewed employees' work to check adherence to quality standards and proper procedures. 

• Trained employees on best practices and protocols while managing teams to maintain optimal 

productivity. 

• Interpreted and explained work procedures and policies to brief staff. 

• Implemented departmental policies and standards in conjunction with management to 

streamline internal processes. 

EDUCATION AND TRAINING 

Texas A&M University I College Station, TX 

*H onor graduate at Mineola High School. 

*R ec ipi en t of the Sul Ross Scholarship to Texas A&M University. 

*Con ti nu ng education through work for specific skills needed to maintain efficiency. 

*U it d States Marine Corps Reserve 1991-1995 

ADDITIONAL INFORMATION 

Having a working knowledge of machinery and equipment, on and off-road has always been 

important. That basic knowledge in order to maintain operational/road worthy equipment has 

proven time and time again to be a worthwhile endeavor. 

APP 063

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 65 of 243 PageID 796
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

1

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7

8

9

 ORAL DEPOSITION OF

10 ADAM ELLIOTT

 THURSDAY, APRIL 13, 2023

11 9:53 A.M. - 11:09 A.M.

12

13

14

15 ORAL DEPOSITION OF ADAM ELLIOTT, produced as a

16 witness at the instance of the Plaintiff, and duly

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

18 cause on the 13th day of April, 2023, from 9:53 a.m.

19 to 11:09 a.m., before Maribel Torres, Certified

20 Shorthand Reporter in and for the State of Texas,

21 reported by computerized stenotype machine at the law

22 offices of Fisher Phillips, LLP, 500 North Akard

23 Street, Suite 3550, Dallas, Texas, pursuant to the

24 Federal Rules of Civil Procedure and the agreements

25 herein after set for, if any. Signature reserved.

APP 064

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 66 of 243 PageID 797
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

2

1 APPEARANCES

2

REPRESENTING THE PLAINTIFF:

3 BOB WHITEHURST, ESQ.

WHITEHURST & WHITEHURST, ESQ.

4 5380 OLD BULLARD ROAD

SUITE 600, #363

5 TYLER, TEXAS 75703

TELEPHONE: (903)593-5588

6 EMAIL: whitehurstlawfirm@yahoo.com

7

REPRESENTING THE PLAINTIFF:

8 THEANNA BEZNEY, ESQ.

FISHER PHILLIPS, LLP

9 500 NORTH AKARD STREET

SUITE 3550

10 DALLAS, TEXAS 75201

TELEPHONE: (214)220-8325

11 EMAIL: tbezney@fisherphillips.com

12

ALSO PRESENT:

13 MR. JASON WALTERS, PLAINTIFF

14

15

16

17

18

19

20

21

22

23

24

25

APP 065

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 67 of 243 PageID 798
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

3

1 I N D E X

2

Appearances.......................... 2

3 WITNESS: ADAM ELLIOTT

Examination by Mr. Whitehurst........ 4, 67

4 Examination by Ms. Bezney............ 63

Acknowledgment....................... 70

5 Court Reporter's Certificate......... 72

6

 PLAINTIFF'S EXHIBITS

7

8 NO. DESCRIPTION PAGE

9

1 3/4/2022 Email from Adam Elliott 15

10 to Forney Supervisors

2 Statement "To whom it may concern," 56

11 Investigation Summary Form,

 Complainant/Witness Statement Form,

12 Complainant/Witness Statement Form,

 Corrective Action Form, Organizational

13 Chart - Goodyear Forney

 EXEL_00114, 00115, 00112, 00113,

14 00116 through 00119, 00111 (in order

 provided to reporter)

15

16 DEFENDANT'S EXHIBIT

17

1 Xerox Photos 65

18

19

20

21

22

23

24

25

APP 066

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 68 of 243 PageID 799
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

4

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

2 THURSDAY, APRIL 13, 2023 - 9:53 A.M.

3 (REPORTER'S NOTE: Names not spelled on

4 the record may be spelled phonetically.

5 Quotation marks may be used with

6 indirect, inexact quotes.)

7 THE COURT REPORTER: This is the oral

8 deposition of Adam Elliott, taken at Fisher Phillips

9 in Dallas, Texas, on April 13th, 2023. The time is

10 9:53 a.m. My name is Maribel Torres with Leigh &

11 Associates.

12 Counsel, could you please state your

13 appearances for the record before I swear in the

14 witness.

15 MR. WHITEHURST: Bob Whitehurst for the

16 plaintiff, Jason Walters.

17 MS. BEZNEY: Theanna Bezney from Fisher

18 Phillips for defendant, Exel.

19 ADAM ELLIOTT,

20 having been duly administered the oath, testified as

21 follows:

22 EXAMINATION

23 BY MR. WHITEHURST:

24 Q. Could you state your name for the record,

25 please, sir?

APP 067

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 69 of 243 PageID 800
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

5

1 A. Adam Elliott.

2 Q. Okay. And how are you employed, sir? Who

3 do you work for now?

4 A. I work for DHL Supply Chain.

5 Q. And how long have you worked for them?

6 A. Approximately 15 months --

7 Q. Okay.

8 A. -- with DHL Supply Chain.

9 Q. Okay. Have you worked any other places for

10 DHL?

11 A. I worked with DHL Express.

12 Q. And where is that? Is that in Texas?

13 Somewhere else?

14 A. Mostly in Texas but also Louisiana.

15 Q. Okay.

16 Were you involved in the termination of

17 Jason Walters?

18 A. Yes.

19 Q. How so?

20 A. I am the general manager, so helped compile

21 the evidence for the case.

22 Q. Okay. Anyone else besides yourself work

23 with you doing that?

24 A. Eartis Shaw.

25 Q. Anybody else?

APP 068

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 70 of 243 PageID 801
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

6

1 A. In regards to...?

2 Q. Termination of Mr. Walters.

3 A. In making the decision?

4 Q. Yes.

5 A. Yes.

6 Q. Who was that?

7 A. John Dobbins --

8 Q. Is John Dobbins still with DHL?

9 A. Yes.

10 Q. Okay. And where is he located at?

11 A. He's located in Forney, Texas.

12 Q. Okay. What does he do?

13 A. He's a director.

14 Q. Is he at the same facility that you're at?

15 A. He works from home.

16 Q. Okay. Okay. So you talked to Mr. Dobbins,

17 Mr. Shaw. Anyone else?

18 A. Mickey Moza.

19 Q. And who's Mickey Moza?

20 A. He's our HR manager.

21 Q. Okay. Is he still employed by DHL?

22 A. No, he's not.

23 Q. Did he resign?

24 A. Yes, he did.

25 Q. Why?

APP 069

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 71 of 243 PageID 802
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

7

1 A. I don't know.

2 Q. Okay.

3 All right. Anyone else?

4 A. Antonio Juarez.

5 Q. Who?

6 A. Antonio Juarez.

7 Q. And who is that?

8 A. He's director of HR.

9 Q. And where is he located at?

10 A. I'm not for sure. Somewhere around Dallas.

11 Q. Was he in the office with you when you made

12 the decision to terminate?

13 A. He was -- he was not in the office, but he

14 was involved.

15 Q. Okay. Was Mr. Dobbins in the office?

16 A. No.

17 Q. Mr. Moza and Mr. Shaw were in the office.

18 A. I'm confused by what you mean by "in the

19 office."

20 Q. Where did you make the decision to terminate

21 Mr. Walters?

22 A. So they didn't come to the office.

23 Q. Oh, okay.

24 A. It was over phone calls and emails.

25 Q. Everything's on the phone.

APP 070

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 72 of 243 PageID 803
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

8

1 A. Yeah, it was -- pretty much everything was

2 over the phone.

3 Q. Okay.

4 Okay, have we missed anybody as far as

5 making -- decision-making?

6 A. Meredith Singletary.

7 Q. Who?

8 A. Meredith Singletary.

9 Q. And who is that?

10 A. She's the senior director of HR.

11 Q. And where is she located at?

12 A. Somewhere in the DFW area.

13 Q. Okay. All right. Anyone else?

14 A. That'd be it.

15 Q. Okay.

16 Now, have you ever talked to Jason

17 Walters? Do you know who he is?

18 A. Yes, I know who Jason Walters is.

19 Q. How do you know that?

20 A. He was a supervisor when I was the general

21 manager.

22 Q. Okay. And when did you come to the facility

23 there in Forney?

24 A. January of 2022.

25 Q. Okay. And how many times had you talked to

APP 071

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 73 of 243 PageID 804
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

11

1 A. That was it.

2 Q. That was it?

3 Did you talk to Ms. Hooper?

4 A. I did not speak to her, just had her witness

5 statement.

6 Q. Okay. So as far as sitting eyeball to

7 eyeball, you didn't have anything to do with it. You

8 just got a witness statement.

9 A. Correct.

10 Q. Okay.

11 Did you look at any videos?

12 A. Yes.

13 Q. What video did you look at?

14 A. I looked at a video of when Mr. Walters and

15 Ms. Hooper were out there in the pre-shift area.

16 Q. Right. And that's the only video that you

17 looked at?

18 A. Yes.

19 Q. Okay.

20 Now, we had a deposition the other day

21 of Mr. Walters, and your attorney brought some

22 photographs. Is that what you're referring to?

23 A. Yes.

24 Q. Is there anything else that you looked at in

25 the video?

APP 072

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 74 of 243 PageID 805
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

24

1 Q. Okay.

2 A. E L , J R , and then

3 D N .

4 Q. I'm sorry. Who?

5 A. D N .

6 Q. Recent hire?

7 A. Yes.

8 Q. Okay.

9 Do you know a J O ?

10 A. Yes.

11 Q. And who is that?

12 A. He was an operations supervisor.

13 Q. Okay. And he took over for Mr. Walters. Is

14 that correct?

15 A. That is incorrect.

16 Q. Okay. Who did?

17 A. B P .

18 Q. Okay. And J O is no longer employed.

19 Is that right?

20 A. That is correct.

21 Q. Okay.

22 Now, you're saying when Mr. Walters --

23 the next day, Mr. P took over the operations

24 supervisor for Mr. Walters. Is that right?

25 MS. BEZNEY: Object to form.

APP 073

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 75 of 243 PageID 806
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

25

1 A. Can you restate the question?

2 Q. (BY MR. WHITEHURST) Sure.

3 All right. We know that Mr. Walters

4 was terminated on March 16, 2022.

5 A. Yes.

6 Q. Okay. And my question is simply,

7 Mr. P , Br P , took over March 16 to

8 March 17, 2022.

9 A. No.

10 Q. Okay. When did he take over?

11 A. I am not sure. It was probably April or

12 May.

13 Q. Of...?

14 A. Of 2022.

15 Q. Okay.

16 In the interim, who was the operations

17 supervisor?

18 A. We were just short-staffed.

19 Q. Short-staffed? Okay.

20 Is J O still employed out there?

21 A. No.

22 Q. What happened to him?

23 A. He quit.

24 Q. Okay. Do you know why he quit?

25 A. For a higher-paying job.

APP 074

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 76 of 243 PageID 807
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

31

1 Q. (BY MR. WHITEHURST) Is that right?

2 A. That is incorrect.

3 Q. Okay. What else did you make the decision

4 on?

5 A. So we had the three documents --

6 Q. Right.

7 A. -- as well as Mr. Walters' statement, as

8 well as video.

9 Q. Okay. There's four things.

10 MS. BEZNEY: Object to form.

11 A. I --

12 Q. (BY MR. WHITEHURST) Mr. Walters' statement,

13 two statements, and the video.

14 A. So -- so the things that we used were the

15 statements that were involved in this --

16 Q. For the three ladies.

17 A. For the three ladies. -- Mr. Walters'

18 statement --

19 Q. Okay.

20 A. -- as well as the video evidence.

21 Q. Had you had any problems with Mr. Walters

22 before?

23 A. Not in my time there.

24 Q. Okay. Did you see any disciplinary action

25 against Mr. Walters prior to March 16 of 2022?

APP 075

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 77 of 243 PageID 808
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

33

1 understanding, right around 5:00 o'clock.

2 Q. Okay. But you can't testify what happened

3 before you got there, correct?

4 A. I cannot.

5 Q. Okay.

6 Are you aware of Mr. Walters

7 terminating anybody at that facility?

8 A. Not during my time there.

9 Q. Okay. Are you aware of Mr. Walters hiring

10 anyone at that facility?

11 A. The only thing is, the supervisors do

12 interviews for everyone that's hired, and then they

13 recommend hire or not.

14 Q. Okay. But they don't make any decisions.

15 A. They do make the decision --

16 Q. They just give an interview first.

17 A. -- but -- and then they hand the paper to

18 the office supervisor, who then sends the offer

19 letter, based on their recommendation.

20 Q. And who's the office supervisor?

21 A. Currently, Sarah Nicklas.

22 Q. Okay. Is she the one that hires or not

23 hires? Does she make the decision or Mr. Shaw or

24 yourself? Who makes the decision to hire?

25 A. The supervisor.

APP 076

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 78 of 243 PageID 809
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

34

1 Q. Okay. So Mr. -- and my understanding, sir,

2 is Mr. Walters makes a -- he interviews the person,

3 says okay, yeah, maybe not. But who makes the actual

4 final decision to hire that person?

5 A. It's completely based on their

6 recommendation. So the process is, they do the

7 interview, fill out the interview form, and at the

8 top, it has a box; says "Hire: yes or no." If they

9 mark yes, then the office supervisor then processes it

10 for hiring.

11 Q. And that's Ms. Nicklas we talked about.

12 A. Currently, yes.

13 Q. Okay.

14 Now, just make a decision to terminate

15 someone, same process?

16 A. For the supervisor?

17 Q. Yes.

18 A. They have to follow the process that we had

19 in place, per policy.

20 Q. Okay. And is that the same process --

21 you've got a process in place for hiring, a process

22 for firing.

23 A. Correct.

24 Q. Okay.

25 Did Mr. Walters have an office?

APP 077

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 79 of 243 PageID 810
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

46

1 Q. Okay. Does he ever come to the facility?

2 A. Occasionally.

3 Q. Okay.

4 And I think you talked about a B

5 P ?

6 A. Yes.

7 Q. Okay. Are you aware of the headbutting

8 incident with Mr. P and Mr. Walters?

9 MS. BEZNEY: Object to form.

10 A. I am not aware.

11 Q. (BY MR. WHITEHURST) Okay. Have you heard

12 about it?

13 A. I have never heard of a headbutting

14 incident.

15 Q. Okay.

16 Was Mr. Dobbins -- when was Mr. Dobbins

17 at the facility, before Mr. Shaw?

18 A. You're going to need to clarify.

19 Q. Okay. Sure.

20 You came in January of 2022, correct?

21 A. Correct.

22 Q. And who was the person in your position at

23 that time?

24 A. Before me --

25 Q. Yes.

APP 078

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 80 of 243 PageID 811
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

ADAM ELLIOTT - 4/13/2023

71

ACKNOWLEDGMENT OF DEPONENT

I, ADAM ELLIOTT, do hereby certify that I have

read my oral deposition transcript taken on April 13,

2023, in Case 3:22-cv-01840-C, and that the same is a

correct transcription of the answers given by me to

the questions therein propounded, except for the

corrections or changes in form or substance, if any,

noted above.

[DEPONENT SIGNATURE] [DATE]

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

(877) 790-3376 FAX (877) 790-3377

APP 079

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 81 of 243 PageID 812
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

72

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7 REPORTER'S CERTIFICATE

 ORAL DEPOSITION OF ADAM ELLIOTT

8 THURSDAY, APRIL 13, 2023

9 I, MARIBEL TORRES, a Certified Shorthand Reporter

10 of the State of Texas, do hereby certify that the

11 foregoing proceedings were taken before me at the time

12 and place herein set forth; that any witness in the

13 foregoing proceedings, prior to testifying, was

14 administered an oath; that a record of the proceedings

15 was made by me using machine shorthand, which was

16 thereafter transcribed by me or under my direction;

17 that the foregoing transcript is a true record of the

18 testimony given.

19 I further certify that if the foregoing pertains

20 to the original transcript, that before the completion

21 of the proceedings, review of the transcript [ ] was

22 waived [ ] was not requested, [X] was requested.

23 I further certify I am neither financially

24 interested in the action nor a relative or employee of

25 any attorney or any party to this action.

APP 080

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 82 of 243 PageID 813
ADAM ELLIOTT - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

73

1 IN WITNESS WHEREOF, I have this date, May 8,

2 2023, subscribed my name.

3

4

 _________________________________

5 Maribel Torres

 Texas Certified Stenographer #8597

6 Expiration Date: 10/31/2023

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 081

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 83 of 243 PageID 814
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

1

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7

8

9

 ORAL DEPOSITION OF

10 TAMMY WILLIAMS

 THURSDAY, APRIL 13, 2023

11 2:31 P.M. - 3:15 P.M.

12

13

14

15 ORAL DEPOSITION OF TAMMY WILLIAMS, produced as a

16 witness at the instance of the Plaintiff, and duly

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

18 cause on the 13th day of April, 2023, from 2:31 p.m.

19 to 3:15 p.m., before Maribel Torres, Certified

20 Shorthand Reporter in and for the State of Texas,

21 reported by computerized stenotype machine at the law

22 offices of Fisher Phillips, LLP, 500 North Akard

23 Street, Suite 3550, Dallas, Texas, pursuant to the

24 Federal Rules of Civil Procedure and the agreements

25 herein after set for, if any. Signature reserved.

APP 082

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 84 of 243 PageID 815
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

2

1 APPEARANCES

2

REPRESENTING THE PLAINTIFF:

3 BOB WHITEHURST, ESQ.

WHITEHURST & WHITEHURST, ESQ.

4 5380 OLD BULLARD ROAD

SUITE 600, #363

5 TYLER, TEXAS 75703

TELEPHONE: (903)593-5588

6 EMAIL: whitehurstlawfirm@yahoo.com

7

REPRESENTING THE PLAINTIFF:

8 THEANNA BEZNEY, ESQ.

FISHER PHILLIPS, LLP

9 500 NORTH AKARD STREET

SUITE 3550

10 DALLAS, TEXAS 75201

TELEPHONE: (214)220-8325

11 EMAIL: tbezney@fisherphillips.com

12

ALSO PRESENT:

13 MR. JASON WALTERS, PLAINTIFF

14

15

16

17

18

19

20

21

22

23

24

25

APP 083

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 85 of 243 PageID 816
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

3

1 I N D E X

2

Appearances.......................... 2

3 WITNESS: TAMMY WILLIAMS

Examination by Mr. Whitehurst........ 4, 38

4 Examination by Ms. Bezney............ 29

Acknowledgment....................... 44

5 Court Reporter's Certificate......... 46

6

 PLAINTIFF'S EXHIBITS

7

8 NO. DESCRIPTION PAGE

9

5 Text Messages 7

10

11 DEFENDANT'S EXHIBIT

12

2 DHL Supply Chain Employee 29

13 Handbook

14

15

16

17

18

19

20

21

22

23

24

25

APP 084

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 86 of 243 PageID 817
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

4

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

2 THURSDAY, APRIL 13, 2023 - 2:31 P.M.

3 (REPORTER'S NOTE: Names not spelled on

4 the record may be spelled phonetically.

5 Quotation marks may be used with

6 indirect, inexact quotes.)

7 THE COURT REPORTER: This is the oral

8 deposition of Tammy Williams, taken at Fisher Phillips

9 in Dallas, Texas, on April 13, 2023. The time is

10 2:31 p.m. My name is Maribel Torres with Leigh &

11 Associates.

12 Counsel, could you please state your

13 appearance for the record before I swear her in.

14 MR. WHITEHURST: Bob Whitehurst for

15 plaintiff.

16 MS. BEZNEY: Theanna Bezney from Fisher

17 Phillips, for defendant, Exel.

18 TAMMY WILLIAMS,

19 having been duly administered the oath, testified as

20 follows:

21 EXAMINATION

22 BY MR. WHITEHURST:

23 Q. Would you state your name for the record,

24 please, ma'am?

25 A. Tammy Williams.

APP 085

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 87 of 243 PageID 818
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

31

1 co-worker." Is that right?

2 A. Yes, ma'am.

3 Q. So is it your understanding that threatening

4 to inflict bodily harm on a coworker is a class 2 rule

5 violation?

6 A. Yes, ma'am.

7 Q. So would that be -- just a threat of

8 physical harm is a basis for termination? Could be --

9 A. Yes, ma'am. Yes, ma'am.

10 Q. Do you see any exceptions in this policy for

11 jokes about threatening bodily harm?

12 A. No, ma'am.

13 Q. To your understanding, is -- is there an

14 exception in the workplace at the facility for jokes

15 of threats of violence?

16 A. I am not aware that there are.

17 Q. Okay. Are you aware of any instances where

18 someone has put their hands on another person and

19 threatened bodily harm against them and they were not

20 terminated?

21 A. I was not present for any of those.

22 Q. Okay.

23 Are you aware of any instances, other

24 than Ms. Hooper, where Walters -- Mr. Walters put his

25 hands on another associate?

APP 086

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 88 of 243 PageID 819
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

32

1 A. Yes, ma'am.

2 Q. And who was -- who did he put his hand on?

3 A. He was a third-party logistics employee.

4 His name is Lorenzo, I believe.

5 Q. Okay. And what did Mr. Walters do to

6 Lorenzo on that occasion?

7 A. He pushed Mr. Walt -- or pushed Lorenzo to a

8 position in pre-shift that he wanted him to be at.

9 Q. And how do you know that?

10 A. I saw a video of it.

11 Q. So you personally saw this.

12 A. Yes.

13 Q. And in your opinion, was it just a gentle

14 nudge? How would you describe the way he --

15 A. It was an aggressive push.

16 Q. You -- you believed it was aggressive.

17 A. Yes.

18 Q. Okay.

19 Did the company investigate that?

20 A. Yes.

21 Q. Okay. Who investigated it?

22 A. Eartis Shaw and John Dobbins.

23 Q. To your knowledge?

24 A. Yes, ma'am.

25 Q. What was the outcome of that investigation?

APP 087

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 89 of 243 PageID 820
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

34

1 A. Yes.

2 Q. Did you make any of those decisions just by

3 yourself, or did that have to be approved by somebody?

4 A. HR had to approve it.

5 Q. Can anyone at the facility level terminate

6 anybody, without HR's input or approval?

7 A. No.

8 Q. Even Mr. Elliott? Still has to go through

9 HR?

10 A. Yes, ma'am.

11 Q. What about hiring? Who does the hiring of

12 all the associates at that facility?

13 A. The supervisors do the interviews.

14 Q. Uh-huh.

15 A. And then, once they determine they want to

16 hire someone, then they give it to the office

17 supervisor to start the hiring process.

18 Q. Has Mr. Walters ever given you some

19 paperwork about somebody he wanted to hire?

20 A. Yes.

21 Q. Okay. If he ever -- and do you recall any

22 instance where he recommended someone for hire to you

23 and you didn't give them an offer letter?

24 A. No.

25 Q. What about write-ups? Did Mr. Walters ever

APP 088

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 90 of 243 PageID 821
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

35

1 give anybody written counseling, to your knowledge?

2 A. Yes.

3 Q. Did he have to run that by you?

4 A. No.

5 Q. To your knowledge, do you have to run those

6 by anybody before issuing them?

7 A. No. Not a supervisor.

8 Q. Okay.

9 An hourly associate that's going to be

10 terminated for whatever reason -- if, for example,

11 Mr. Walters -- are you aware of Mr. Walters

12 recommending termination for anybody?

13 A. I am not aware.

14 Q. Okay. Are you aware of any operations

15 supervisors recommending that an hourly associate be

16 terminated?

17 A. The way the process works, they have to go

18 through the steps. So they have to have so-many

19 write-ups prior to discussions, unless it's a gross

20 misconduct, when they can go straight to a final order

21 termination.

22 Q. Okay. So the operations supervisors

23 participate along the way in issuing the write-ups.

24 A. Yes, ma'am.

25 Q. And then if an associate gets enough

APP 089

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 91 of 243 PageID 822
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

46

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7 REPORTER'S CERTIFICATE

 ORAL DEPOSITION OF TAMMY WILLIAMS

8 THURSDAY, APRIL 13, 2023

9 I, MARIBEL TORRES, a Certified Shorthand Reporter

10 of the State of Texas, do hereby certify that the

11 foregoing proceedings were taken before me at the time

12 and place herein set forth; that any witness in the

13 foregoing proceedings, prior to testifying, was

14 administered an oath; that a record of the proceedings

15 was made by me using machine shorthand, which was

16 thereafter transcribed by me or under my direction;

17 that the foregoing transcript is a true record of the

18 testimony given.

19 I further certify that if the foregoing pertains

20 to the original transcript, that before the completion

21 of the proceedings, review of the transcript [ ] was

22 waived [ ] was not requested, [X] was requested.

23 I further certify I am neither financially

24 interested in the action nor a relative or employee of

25 any attorney or any party to this action.

APP 090

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 92 of 243 PageID 823
TAMMY WILLIAMS - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

47

1 IN WITNESS WHEREOF, I have this date, May 8,

2 2023, subscribed my name.

3

4

 _________________________________

5 Maribel Torres

 Texas Certified Stenographer #8597

6 Expiration Date: 10/31/2023

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 091

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 93 of 243 PageID 824
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

1

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7

8

9

10 ORAL/VIDEOCONFERENCED DEPOSITION OF

 JOHN DOBBINS

11 TUESDAY, JUNE 27, 2023

 9:51 A.M. - 12:43 P.M.

12

13

14

15

16 ORAL DEPOSITION OF JOHN DOBBINS, produced as a

17 witness at the instance of the Plaintiff, and duly

18 sworn, was taken in the above-styled and -numbered

19 cause on the 27th day of June, 2023, from 9:51 a.m. to

20 12:43 p.m., before Maribel Torres, Certified Shorthand

21 Reporter in and for the State of Texas, reported by

22 computerized stenotype machine, held remotely,

23 pursuant to the Federal Rules of Civil Procedure and

24 the agreements herein after set forth, if any.

25 Signature reserved.

APP 092

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 94 of 243 PageID 825
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

2

1 APPEARANCES

2

REPRESENTING THE PLAINTIFF:

3 BOB WHITEHURST, ESQ.

WHITEHURST & WHITEHURST, ESQ.

4 5380 OLD BULLARD ROAD

SUITE 600, #363

5 TYLER, TEXAS 75703

TELEPHONE: (903) 593-5588

6 EMAIL: whitehurstlawfirm@yahoo.com

7

REPRESENTING THE DEFENDANT:

8 THEANNA BEZNEY, ESQ.

FISHER PHILLIPS, LLP

9 500 NORTH AKARD STREET

SUITE 3550

10 DALLAS, TEXAS 75201

TELEPHONE: (214) 220-8325

11 EMAIL: tbezney@fisherphillips.com

12

ALSO PRESENT:

13 MR. JASON WALTERS, PLAINTIFF

14

15

16

17

18

19

20

21

22

23

24

25

APP 093

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 95 of 243 PageID 826
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

3

1 I N D E X

2

Appearances.......................... 2

3 WITNESS: JOHN DOBBINS

Examination by Mr. Whitehurst........ 5, 90, 117

4 Examination by Ms. Bezney............ 59, 109

Acknowledgment....................... 121

5 Court Reporter's Certificate......... 123

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 094

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 96 of 243 PageID 827
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

4

1 PLAINTIFF'S EXHIBITS

2

NO. DESCRIPTION PAGE

3

4 A Photographs 16

B Emails, Exel_000368-369 19

5 C 3/4/2022 Email from Adam Elliott 23

 to Forney Supervisors

6 D Pass-down emails, Exel_00201, 203, 27

 205, 207, 209, 211, 213, 215, 217

7 E Corrective Action Notice, 30

 Exel_00196-198

8 F Text Message 37

G Investigation Summary Form, 38

9 Exel_00112-113

H Corrective Action Form, 45

10 Exel_00119

I Text Messages 48

11

12 DEFENDANT'S EXHIBITS

13

J Role Profile, Exel_000020-22 61

14 K Note To File 08-20, Exel_001591 70

L Staff Statements, Exel_001590 and 1589 72

15 M Statement from Omar Flores, 72

 Exel_001584

16 N Jason Walters' Statement, 73

 Exel_001582

17 O Statement by Jason Walters, 74

 Exel_001583

18 P Complainant/Witness Statement Form, 80

 Exel_001575-1578

19 Q March 11, 2022 Emails, 81

 Exel_001579-1580

20

21

22

23

24

25

APP 095

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 97 of 243 PageID 828
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

5

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

2 TUESDAY, JUNE 27, 2023 - 9:51 A.M.

3 (REPORTER'S NOTE: Names not spelled on

4 the record may be spelled phonetically.

5 Quotation marks may be used with

6 indirect, inexact quotes.)

7 (Prior to commencement, Plaintiff's

8 Exhibits A through I marked.)

9 THE COURT REPORTER: We are on the

10 record. This is June 27th, 2023, and this is the

11 remote oral deposition of John Dobbins, taken by Zoom.

12 JOHN DOBBINS,

13 having been administered the oath, testifies as

14 follows:

15 EXAMINATION

16 BY MR. WHITEHURST:

17 Q. State your name for the record, please, sir.

18 A. What was that?

19 Q. Would you state your name for the record,

20 please, sir?

21 A. It's John Dobbins.

22 Q. And how are you employed, sir?

23 A. Full-time employed with DHL Supply Chain.

24 Q. And how long have you been so employed?

25 A. Ten-plus years.

APP 096

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 98 of 243 PageID 829
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

8

1 Have you reviewed any documents prior

2 to your deposition here today?

3 A. No.

4 Q. Okay.

5 Now, from October of 2021 to present,

6 you were director of operations at DHL?

7 A. That's correct.

8 Q. Okay. And what do you do in that position?

9 A. So I have -- I have oversight from, like, a

10 contractual and just high-level overview of about five

11 different locations, with our Goodyear customer across

12 the United States.

13 Q. So it's my understanding you work from home,

14 sir?

15 A. I actually -- I'm based out of DFW Airport.

16 I travel quite a bit.

17 Q. Okay. And before October 2021, what was

18 your position at DHL?

19 A. I was the -- did I hear something there?

20 Okay.

21 I was the general manager of the

22 Goodyear Forney facility --

23 Q. Okay.

24 A. -- with DHL.

25 Q. Now, during that position, did you know most

APP 097

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 99 of 243 PageID 830
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

17

1 slightly for me?

2 Sorry, I hit a button on my speaker.

3 It's not supposed to be ringing.

4 MR. WHITEHURST: Mr. Dobbins, that's

5 all right. I'm a newbie at this, too, so just kind of

6 bear with me.

7 THE WITNESS: All right. Keep going,

8 please.

9 A. All right. There is one photo in there that

10 I do remember asking Mr. Walters to take. I bel --

11 it's either 3 or 4. And that was in relation to

12 making sure forklifts had been delivered. It was the

13 image where it was the back of all the forklifts.

14 Q. (BY MR. WHITEHURST) Is that --

15 A. That is the --

16 Q. Go ahead, sir.

17 A. Say that -- that's the only one I recall

18 asking for.

19 Q. Okay. All right.

20 A. And -- yeah, go ahead.

21 Q. Is that the location that Mr. Walters

22 usually worked, was out on the floor?

23 A. That's correct. He was a floor supervisor.

24 Q. Okay.

25 Were you involved in the termination of

APP 098

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 100 of 243 PageID 831
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

18

1 Jason Walters from DHL?

2 A. I was involved in the approval process.

3 Q. Did you look at any documents prior to the

4 approval?

5 A. I -- I reviewed the video and the -- some of

6 the statements -- or the statements. And then there

7 was a call reviewing the findings of the

8 investigation.

9 Q. Okay. And you say "the findings of the

10 investigation." What are you talking about?

11 A. So when the incident involving Jason Walters

12 and Evaite Hooper was brought up, there was an

13 investigation conducted at the facility between the

14 site general manager, Adam Elliott, and Mickey Moza,

15 the HR representative at that time. They conducted an

16 investigation. At the end of that investigation,

17 they, basically, summarized their findings and

18 their -- what do you call it, their -- the resolution

19 that they had come to for Mr. Walters.

20 Q. Okay. So you didn't make any decisions, or

21 did you make a decision?

22 A. I agreed with the decision that was brought

23 to me by Adam and Mickey Moza.

24 Q. Okay.

25 Sir, I'm going to show you --

APP 099

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 101 of 243 PageID 832
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

61

1 (Defendant's Exhibit J marked.)

2 Q. (BY MS. BEZNEY) And I'll scroll through

3 this so you can see the whole thing.

4 Mr. Dobbins, do you recognize what this

5 Exhibit J is?

6 A. I do. That is a supervisor role profile

7 within DHL.

8 Q. Is that, like, a job description?

9 A. Correct. So as we bring in prospective

10 new-hires and different things, this is the document

11 we try to model our supervisors' time around.

12 Q. Was this the job description that was in

13 place when Mr. Walters served as an operations

14 supervisor?

15 A. It was.

16 Q. Now, according to this job description, the

17 key accountabilities for this role is 70 percent

18 associate interaction. Examples include associate

19 development, one-on-one coaching, conflict resolution,

20 training, directing daily activities, delivering

21 associate orientation, training, performance reviews,

22 and/or development as appropriate, participating in

23 the management of turnover, and making sure associates

24 have the proper tools.

25 Is this a fair and accurate

APP 100

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 102 of 243 PageID 833
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

62

1 representation of 70 percent of Mr. Walters' job

2 duties as an operations supervisor?

3 A. I believe so. I think Jason did those

4 activities very well.

5 Q. It continues to say, 10 percent of the time

6 he was in charge of process improvement, including

7 action planning, project planning, space planning, and

8 the like.

9 To your knowledge, did Mr. Walters

10 engage in those activities as an operations

11 supervisor?

12 A. I would say yes, he's engaged. Ten percent

13 of the time, that may not be entirely accurate, just

14 because some of the attention floats in between these

15 different items. You know, I would probably say that

16 was more 5 percent there, but planning took another

17 10 percent. So kind of just switched back and forth.

18 Q. So the percentages might not be a hundred

19 percent accurate; but as far as the activities go, he

20 still did all those things, to your knowledge.

21 A. Yes, he still took place in that. And like

22 I said, I think, based on the week and the workload,

23 the priorities of these different things would switch.

24 Q. All right. So it also includes planning --

25 A. Yep.

APP 101

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 103 of 243 PageID 834
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

70

1 appropriate. Call it out and, you know, address it,

2 yes, but the grabbing, no.

3 Q. Okay. I'm going to show you what I will

4 mark as Exhibit K.

5 (Defendant's Exhibit K marked.)

6 Q. (BY MS. BEZNEY) And let me just scroll down

7 to the bottom here.

8 Do you recognize this document?

9 A. I do.

10 Q. And what is this document?

11 A. So on August 27th, there was an issue that

12 was brought to our attention, that there was an issue

13 that happened between Jason Walters and an Action

14 supervisor. We -- it started off as anonymous, and

15 I -- I can't remember exactly who it was. I apologize

16 on that. But they just, hey, something we needed to

17 look into; so we did.

18 We started off, we looked at the camera

19 footage, and we saw -- like I said, I -- I think I

20 explained that earlier in the -- in the deposition,

21 where it looked like Mr. Walters had kind of directed

22 or -- kind of aggressively directed an individual in a

23 direction.

24 We did an investigation on it. We got

25 Jason Walters' statements, the associate's statements,

APP 102

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 104 of 243 PageID 835
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

71

1 and different things. And, really, through that,

2 we -- through talking to the different people involved

3 and through the witness statements, we -- we found

4 that, really, there was -- there was no ill intent and

5 it was really that the supervisor, the Action

6 supervisor, got tripped up, when Jason was kind of

7 guiding him in the direction.

8 So this was really to recap the

9 instance; what we looked on it; and, really, some

10 reminders for Jason Walters, going forward, about the

11 perception of that incident.

12 Q. Are these your personal notes? Did you

13 write this up?

14 A. Yes, I did.

15 Q. And here at the top, it says, "We spoke to

16 the associates that were present, both Action and DHL,

17 and the Action Supervisor involved."

18 Did you speak with those folks, or did

19 someone else assist with those conversations?

20 A. Yes, I was a part of that.

21 So with it being -- with it being our

22 third party there, with Action, we had to have their

23 team involved, as well. And then this individual,

24 English wasn't his first language, so we made sure we

25 had people that could accurately translate on both

APP 103

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 105 of 243 PageID 836
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

76

1 pre-shift; and then, a couple of days later, there was

2 an argument about an associate not being where he was

3 supposed to be or getting to work, so.

4 Q. All right. So going back here to

5 Exhibit K --

6 A. Uh-huh.

7 Q. -- your note to file.

8 So after taking the statements and

9 speaking with the witnesses, including the supervisor

10 who was pushed, you say here that the Action

11 supervisor "felt no ill intent, just thought it was

12 unprofessional." Is that correct?

13 A. Correct. Correct.

14 Q. And, then, you said Mr. Walters didn't deny

15 that he had put his -- you know, directed or pushed --

16 A. Yeah. And the --

17 Q. -- the supervisor.

18 A. -- big -- the big thing there is that the

19 supervi -- the -- and -- like I said, this is just

20 kind of in reflection here, but the supervisor was

21 more embarrassed that Jason had kind of called him out

22 to actually go be a supervisor. He was more

23 embarrassed that Jason had called him out in front of

24 his peers.

25 Q. Now, after the investigation, you and Eartis

APP 104

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 106 of 243 PageID 837
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

77

1 Shaw spoke with Mr. Walters. Is that correct?

2 A. I -- I do not recall if Eartis was in the

3 room. I know, for sure, I spoke to Jason. I cannot

4 remember if Eartis was in the room, because I typed

5 this up prior to walking into the meeting with Jason.

6 So my goal would have been to have Eartis in the room,

7 so -- but I cannot remember if he was actually in the

8 room.

9 Q. Do you know if Mr. Shaw spoke with

10 Mr. Walters in connection with the investigation but,

11 maybe, before it was finalized and you -- and you met

12 with him?

13 A. Yeah. Yeah, because typically what I'll do

14 is I'll write up my note to file so that I have it in

15 front of me and provide a copy, just to say, "Hey,

16 this is what we're going to cover."

17 Q. When you met with Mr. Walters at the

18 conclusion of your investigation -- I see two numbered

19 items here below. Did you discuss these items with

20 Mr. Walters?

21 A. Yes. In the conference room and at our

22 Forney location, we discussed it.

23 Q. So it was in person.

24 A. Correct.

25 Q. And during that meeting, did you, in fact,

APP 105

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 107 of 243 PageID 838
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

78

1 tell him that his behavior was ill advised and under

2 zero circumstances should happen again?

3 A. Yes. So we -- we discussed the

4 professionalism of the incident. I was like, "Hey,

5 you know, as a supervisor, everything, we always have

6 to be cognizant of the perception of our actions," and

7 then we addressed the placing of the hands on the

8 individual, because, you know, it -- you know, it's

9 just one of the no-noes that we don't do.

10 Q. And according to this investigation note to

11 file, it says, "This could have been easily addressed

12 with corrective action or even termination if the

13 result of the investigation had been different.

14 Jason, this serves as your one and only warning that

15 issues similar to this will be met with the above

16 mentioned outcomes should it happen again."

17 Did you advise Mr. Walters that, if he

18 placed his hands on another individual again, he could

19 be issued a corrective action or even terminated?

20 A. Yeah, and I really focused in on, like, had

21 the results of it been -- of the investigation been

22 different. You know, this one, you know -- DHL and

23 Action associates had said that there -- I -- that

24 there was a joke said, everything, that it -- there

25 was no ill intent, that there really wasn't the

APP 106

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 108 of 243 PageID 839
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

79

1 proverbial push, that, you know, the associate -- or

2 the supervisor stumbled over himself. You know, there

3 was a lot of things that went into this one that said,

4 hey, there's no ill intent here, there was no

5 threatening or anything like that, that this was just

6 kind of a -- this was an occurrence that the image

7 looked -- you know, the image looked terminable; the

8 outcome was not.

9 Q. Okay. And I'm going to direct you back to

10 Exhibit G. And in here it says there were three

11 witnesses: Tenisha Thomas, Shaquel Thomas, and Jason

12 Walters?

13 A. Uh-huh.

14 Q. Did you review statements by each of those

15 when reviewing the decision on whether to not --

16 whether or not to approve termination of Mr. Walters?

17 A. For me, with how I was involved in the -- in

18 this process, I got just kind of high-level summaries

19 of each of them. I did not physically read the -- the

20 handwritten statement of them.

21 So by the -- you know, other than being

22 notified that the incident happened, you know, hey,

23 that this happened, we're going to look into it, as

24 Mickey and Adam started to get through their findings,

25 this is kind of the format at which I was involved in

APP 107

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 109 of 243 PageID 840
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

87

1 Yeah, anytime we terminate a exempt --

2 or -- we call it exempt, but, like, a salaried

3 associate, the approval process steps it up a notch.

4 So it -- it has to go through, you know, a couple of

5 different approver levels on our side. It doesn't

6 just -- doesn't just stick with local HR. It has to

7 go up the chain a little bit.

8 Q. But even you, as the director of operations,

9 can't terminate a salaried employee without HR

10 approval?

11 A. Correct. So if at any point in the -- in

12 the chain of it that somebody blocks it, we either

13 have to pause and make -- we have to explain whatever

14 it is that they're questioning. But in this case,

15 there were no pauses.

16 Q. Are you aware of any other employees being

17 terminated from employment for violence or threatening

18 violence in the workplace?

19 A. was a sexual harassment claim,

20 and then we had an associate in mid-20- -- or early

21 2020. His name, I am drawing a blank on. But he

22 pushed another individual. He was on our inventory

23 team. He pushed another individual. He was suspended

24 immediately, and then through the -- suspended

25 immediately, and then terminated in the following

APP 108

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 110 of 243 PageID 841
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

88

1 days, for gross misconduct.

2 Q. Who's J A ?

3 A. J A is the name.

4 Q. He was terminated --

5 A. Yep.

6 Q. He was the one terminated for workplace

7 violence?

8 A. Correct.

9 Q. Are you aware of anyone engaging in threats

10 of workplace violence or actual workplace violence who

11 was not terminated from employment?

12 A. In my time, no. I know we've had shouting

13 matches and different things, you know, where people

14 had disagreements, but it never turned physical. And,

15 then, any -- if -- any claims of threats were usually

16 found, through investigation, to be either false or

17 embellishment, so there were no terminations related

18 to it. There were some that we documented, where both

19 parties got into it and we documented both of them,

20 like, "Hey, we don't know exactly what happened

21 because it happened between you and it happened

22 between this person." There were no witness

23 statements. So we -- we did note to files or

24 correctives on both. Like, "Hey, y'all both admitted

25 you argued, but you're saying you threatened him.

APP 109

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 111 of 243 PageID 842
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

98

1 Q. (BY MR. WHITEHURST) Sure.

2 Are you aware of the headbutt incident

3 that Mr. Walters was involved in?

4 MS. BEZNEY: Object to form.

5 A. Headbutt incident. Not specifically, no.

6 Q. (BY MR. WHITEHURST) What do you know

7 generally?

8 A. I'm not aware of him being headbutted.

9 Q. Okay.

10 If there was an agreement between

11 Ms. Hooper and yourself, would it have gone -- to show

12 up late, would that have been in her file?

13 MS. BEZNEY: Object to form.

14 A. No. It would -- it would have been

15 reflected on the timekeeping side, so the admin and

16 Eartis would have been aware of it. I'm unaware if it

17 made it down -- like I said, I do not know if it made

18 it down to Jason.

19 Q. (BY MR. WHITEHURST) Well, I mean, my

20 understanding, he was her supervisor, was he not?

21 A. He was.

22 Q. So why in the world wouldn't you tell him?

23 A. I -- I am -- I cannot -- I cannot remember

24 if I told him specifically, is -- I may have; I -- I

25 may not have. I do not know.

APP 110

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 112 of 243 PageID 843
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

123

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7 REPORTER'S CERTIFICATE

 ORAL DEPOSITION OF JOHN DOBBINS

8 TUESDAY, JUNE 27, 2023

9 I, MARIBEL TORRES, a Certified Shorthand Reporter

10 of the State of Texas, do hereby certify that the

11 foregoing proceedings were taken before me at the time

12 and place herein set forth; that any witness in the

13 foregoing proceedings, prior to testifying, was

14 administered an oath; that a record of the proceedings

15 was made by me using machine shorthand, which was

16 thereafter transcribed by me or under my direction;

17 that the foregoing transcript is a true record of the

18 testimony given.

19 I further certify that if the foregoing pertains

20 to the original transcript, that before the completion

21 of the proceedings, review of the transcript [ ] was

22 waived [ ] was not requested, [X] was requested.

23 I further certify I am neither financially

24 interested in the action nor a relative or employee of

25 any attorney or any party to this action.

APP 111

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 113 of 243 PageID 844
JOHN DOBBINS - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

124

1 IN WITNESS WHEREOF, I have this date, July 17,

2 2023, subscribed my name.

3

4

 _________________________________

5 Maribel Torres

 Texas Certified Stenographer #8597

6 Expiration Date: 10/31/2023

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 112

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 114 of 243 PageID 845
9:49@ (;J 

< 

Mickey HR-DHL 

+1 817-269-47949 

View contact details 

History 

\: 

" 

Mar 16 10:55 AM 

Incoming call, 17 mins 51 sec 

Mar 1610:54 AM 

Outgoing call, 0 mins 2 sec 

Mar 16 10:52 AM 

Missed call 

Mar 1610:51 AM 

Missed call 

Mar 16 9:53 AM 

Outgoing call, O mins 3 sec 

Mar 16 9:47 AM 

Outgoing call, 0 mins 37 sec 

~ < 

Edit Share 

111 0 

14% 

• • • 

* 

~ 

Block 

< 

APP 113

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 115 of 243 PageID 846
9:27 ~ 

( Mickey HR-OHL 

8172694794 

11:32 AM 

11:44AM 

Monday, March 21, 2022 

Mickey I'm trying to figure 

out when my health and 

dental insurance expire 

on my family ... l called the 

benefits number, they referred 

my back to HR. I need this 

information for the state ... due 

to my special needs child. 

Tuesday, March 22, 2022 

Is there another person I need 

to contact about this? 

• • • 

• The site management team 

must process the separation 

first, which they told me they 

just did yesterday. Then it 

typically takes 1-2 weeks for 

the benefits team to receive 

the separation notification, 

so you can follow up with 

them then. 12:33 PM 

Of course the site sent me 

hone numbers that all 

a + 

111 0 < 

APP 114

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 116 of 243 PageID 847
9:28 tJ 

< Mickey HR-DHL 

8172694794 

~u yuu \,;di I I UIIUVV UJJ VVlll I 

• • • 

them then. 12:33 PM 

12:40 PM 

2:39 PM 

2:58 PM 

Of course the site sent me 

phone numbers that all 

referred me back to HR. 

Monday, March 28, 2022 

I really am taken by 

suprisectgst my direct 

questions could not be 

answered when I clearly 

asked when my benefits 

would end being that i have a 

special needs child that has 

24/7 nursing and medicine 

needed so that he does not 

have a stroke and die ... l am 

more than aggravated at this 

point with how t 

l;ii View all > 

You told me the 21 st. .. now 

the info sent to my pharmacy 

says the benefits termed on 

the 16th ... 

a + 

111 0 < 

APP 115

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 117 of 243 PageID 848
< Me 

2:39 PM, Mar 28 

I really am taken by suprisectgst my direct 

questions could not be answered when I cl

asked when my benefits would end being th

have a special needs child that has 24/7 nu

and medicine needed so that he does not h

stroke and die. I am more than aggravated 

point with how this was mishandled. 

APP 116
Note to File 08‐20

Note to File

On August 27th 2020, I received notice of a incident during pre‐shift.  The issues was that DHL Supervisor

Jason Walter pushed the Action Supervisor as a response of lack of action.  Upon investigation and

viewing the cameras, we found that Jason did indeed push the Action Supervisor in an associates

direction.  At this time I, John Dobbins –GM, began to gather statements.

We spoke to associates that were present, both action and DHL, and the Action Supervisor involved.

From the associate conversations, we were informed that the incident did occur (the push) but from

most accounts, all stated that there was no ill intent.   

In speaking with the Action Supervisor, he felt no ill intent, just thought it to be unprofessional.   

Once through those conversations, Eartis Shaw (OM) and I spoke with Jason on the issue.

Jason did not deny the incident occurred.  He stated that he asked the Action supervisor to translate an

important issue and that he shied away from it.  Jason’s intent was to ensure the message was received

correctly prior to the beginning of the shift so he guided the supervisor in the associates direction.  From

there, he thought nothing of the incident.

Based on the above investigation and speaking to both parties, we feel that the incident needed to be

documented to show that the behavior displayed needed to be addressed and that the following items

will be addressed with Jason:

1. Professionalism.  You are to conduct yourself in a professional manor at all times.  The behavior

displayed was ill advised and under zero circumstances should happen again.

2. Placing hands on another individual.  This could have been easily addressed with corrective

action or even termination if the results of the investigation been different.  Jason, this serves as

your one and only warning that issues similar to this will be met with the above mentioned

outcomes should it happen again.

EXEL_001591 APP 117

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 119 of 243 PageID 850
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

1

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7

8

9

 ORAL DEPOSITION OF

10 EARTIS SHAW

 THURSDAY, APRIL 13, 2023

11 11:25 A.M. - 2:23 P.M.

12

13

14

15 ORAL DEPOSITION OF EARTIS SHAW, produced as a

16 witness at the instance of the Plaintiff, and duly

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

18 cause on the 13th day of April, 2023, from 11:25 a.m.

19 to 2:23 p.m., before Maribel Torres, Certified

20 Shorthand Reporter in and for the State of Texas,

21 reported by computerized stenotype machine at the law

22 offices of Fisher Phillips, LLP, 500 North Akard

23 Street, Suite 3550, Dallas, Texas, pursuant to the

24 Federal Rules of Civil Procedure and the agreements

25 herein after set for, if any. Signature reserved.

APP 118

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 120 of 243 PageID 851
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

2

1 APPEARANCES

2

REPRESENTING THE PLAINTIFF:

3 BOB WHITEHURST, ESQ.

WHITEHURST & WHITEHURST, ESQ.

4 5380 OLD BULLARD ROAD

SUITE 600, #363

5 TYLER, TEXAS 75703

TELEPHONE: (903)593-5588

6 EMAIL: whitehurstlawfirm@yahoo.com

7

REPRESENTING THE PLAINTIFF:

8 THEANNA BEZNEY, ESQ.

FISHER PHILLIPS, LLP

9 500 NORTH AKARD STREET

SUITE 3550

10 DALLAS, TEXAS 75201

TELEPHONE: (214)220-8325

11 EMAIL: tbezney@fisherphillips.com

12

ALSO PRESENT:

13 MR. JASON WALTERS, PLAINTIFF

14

15

16

17

18

19

20

21

22

23

24

25

APP 119

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 121 of 243 PageID 852
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

3

1 I N D E X

2

Appearances.......................... 2

3 WITNESS: EARTIS SHAW

Examination by Mr. Whitehurst........ 4, 113

4 Examination by Ms. Bezney............ 100

Acknowledgment....................... 142

5 Court Reporter's Certificate......... 144

6

 PLAINTIFF'S EXHIBITS

7

8 NO. DESCRIPTION PAGE

9

3 Text Messages 37

10 4 Text Messages 50

11

 REQUEST TO PROVIDE INFORMATION

12

13 Email....................................... 83

14

15

16

17

18

19

20

21

22

23

24

25

APP 120

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 122 of 243 PageID 853
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

4

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

2 THURSDAY, APRIL 13, 2023 - 11:25 A.M.

3 (REPORTER'S NOTE: Names not spelled on

4 the record may be spelled phonetically.

5 Quotation marks may be used with

6 indirect, inexact quotes.)

7 THE COURT REPORTER: We're on the

8 record. This is the oral deposition of Eartis Shaw,

9 taken at Fisher Phillips in Dallas, Texas, on

10 April 13, 2023. The time is 11:25 a.m. My name is

11 Maribel Torres with Leigh & Associates.

12 Counsel, if you could please state your

13 appearances for the record before I swear him in.

14 MR. WHITEHURST: Bob Whitehurst for

15 plaintiff.

16 MS. BEZNEY: Theanna Bezney, Fisher

17 Phillips, for defendant, Exel.

18 EARTIS SHAW,

19 having been duly administered the oath, testified as

20 follows:

21 EXAMINATION

22 BY MR. WHITEHURST:

23 Q. State your name for the record, please, sir.

24 A. Eartis Ray Shaw.

25 Q. And, sir, how are you employed?

APP 121

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 123 of 243 PageID 854
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

13

1 If you'll look at the next document,

2 which is 113. Have you seen this document?

3 A. No, sir.

4 Q. Mr. Shaw, I'm trying to -- well, let me just

5 back up.

6 Who was involved in the termination of

7 Mr. Jason Walters, to your knowledge?

8 A. As far as who told him?

9 Q. Just --

10 A. I'm trying to understand the question.

11 Q. Who made the decision to terminate

12 Mr. Walters?

13 A. The decision came down from HR, director

14 level, all the way down.

15 Q. Okay. Tell me who we're talking about.

16 A. Mickey Moza, Antonio Juarez, Meredith

17 Singletary, John Dobbins.

18 Q. Okay. And John Dobbins is here in the area?

19 A. Yes, sir. He's the director.

20 Q. Mickey Moza was or is in the area?

21 A. Was. I --

22 Q. Right.

23 A. -- don't know if he still is.

24 Q. Right.

25 And the other two -- did you say two or

APP 122

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 124 of 243 PageID 855
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

14

1 three other names?

2 A. Antonio Juarez and Meredith Singletary.

3 Q. Where?

4 A. I'm not sure where they're based out of.

5 They're both HR. That would have been Mickey Moza's

6 boss and Mickey Moza's boss's boss.

7 Q. Okay. They're off somewhere else -- they

8 don't work in this area, in Texas, right?

9 A. Oh, I'm not sure where they're based out of.

10 Q. Okay. But they're not at your facility.

11 A. No, sir.

12 Q. Okay. All right.

13 So if you didn't prepare the document,

14 is there anybody else in charge that would do this?

15 A. That would prepare this document?

16 Q. Yes, sir.

17 A. This document, I've never seen.

18 Q. Okay. But you know you didn't do it.

19 A. Yes, sir. I didn't do it, no.

20 Q. Okay.

21 If you will look at the next page,

22 please, sir. It should be Bates stamp --

23 A. Fourteen.

24 Q. -- 114. Sir, in the right-hand corner is a

25 114 --

APP 123

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 125 of 243 PageID 856
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

15

1 A. Okay, yes, sir.

2 Q. All right. Is that -- have you seen that

3 document?

4 A. Yes, sir -- yeah, this is a statement.

5 Q. Right.

6 A. Yes, sir.

7 Q. Okay. You have seen that document.

8 A. Yes, sir.

9 Q. Okay.

10 A. This has handed to me by Miss Evaite.

11 Q. By who?

12 A. Miss Evaite, DeNeill.

13 Q. Okay. Now, does she type?

14 A. I don't know.

15 Q. Did she type this up?

16 A. Yes, sir.

17 Q. She typed it up?

18 A. She brought it to me typed up, yes, sir.

19 Q. Okay.

20 Where did -- did she -- is there an

21 office that she can go type it up in?

22 A. There's multiple offices.

23 Q. Okay. So this thing is dated 9:30 a.m., at

24 the bottom. Next page. It's signed by her.

25 A. Okay.

APP 124

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 126 of 243 PageID 857
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

16

1 Q. All right.

2 Now, did you use this document in

3 terminating Mr. -- making the decision to terminate

4 Mr. Walters?

5 MS. BEZNEY: Object to form.

6 A. I used this document as part of the evidence

7 gathered --

8 Q. (BY MR. WHITEHURST) Okay.

9 A. -- in the investigation.

10 Q. Now, Mr. Shaw, I understand these other

11 individuals, that we've talked about, are out of the

12 area. They don't -- they don't have any information

13 on any of this. Is that right?

14 MS. BEZNEY: Object to form.

15 Q. (BY MR. WHITEHURST) Well, besides what

16 you're telling me.

17 A. The investigation paperwork, what we've

18 sent, all the statements.

19 Q. Right. You're sending them documents -- did

20 you send them a copy of the video?

21 A. I personally did not, no. I gave it to

22 Adam.

23 Q. You did what?

24 A. I gave the video to Adam.

25 Q. Okay. But looking at what we've seen, we --

APP 125

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 127 of 243 PageID 858
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

32

1 was sometime in 2021 -- 2022? Excuse me.

2 A. Yes, sir, when we turned in the

3 investigation.

4 Q. Okay.

5 And who took over for Mr. Walters?

6 A. B P .

7 Q. Okay. And when did Mr. P take over?

8 A. Do not know the exact date off the top of my

9 head.

10 Q. Okay.

11 Are you aware of an altercation between

12 Mr. P and Mr. Walters?

13 A. I heard rumors.

14 Q. Okay. About a headbutting incident?

15 A. I -- there was a rumor of multiple different

16 ways told.

17 Q. Would that be grounds for termination?

18 A. Well, yes, sir.

19 Q. After you heard the rumors, did you

20 investigate?

21 A. It was already being investigated, from my

22 understanding. It was reported to the general

23 manager.

24 Q. And who was that?

25 A. Greg Mahoney.

APP 126

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 128 of 243 PageID 859
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

62

1 longer than that.

2 Q. Okay. When all this was going on, did

3 Mr. -- was Mr. Moza there, or was he at home, or

4 wherever he is? Was he at the facility when all this

5 was going on with Mr. Walters?

6 A. No, sir.

7 Q. So all this stuff is coming from these three

8 documents and the video, Mr. Walters' termination. Is

9 that right?

10 MS. BEZNEY: Object to form.

11 A. No, sir.

12 Q. (BY MR. WHITEHURST) Okay. What else?

13 A. Mr. Walters' statements.

14 Q. Right. And what did Mr. Walters say?

15 A. I don't know what the statement is. It had

16 to be written twice. The first one did not refer to

17 any of the incident, and the second one had to be

18 written about the incident.

19 Q. Okay. So did Mr. Walters say, "Yeah, hey, I

20 did it"?

21 A. I can't say -- we had a discussion, a heart

22 to heart, a lot of talking. I cannot tell you

23 everything that was involved in it, because I don't

24 know. I don't remember. I can't recall.

25 Q. Isn't it true that Mr. Walters denied saying

APP 127

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 129 of 243 PageID 860
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

64

1 MS. BEZNEY: Thank you.

2 MR. WHITEHURST: I think it's 2. Two.

3 Q. (BY MR. WHITEHURST) Let me just show -- I

4 think your attorney's just handed you Exhibit No. --

5 all right, lower right-hand --

6 A. 119?

7 Q. Sir?

8 A. 119?

9 Q. Yes.

10 That is your signature?

11 A. Yes, sir.

12 Q. Okay. And it says, "Eartis Shaw met with

13 you on 3/16/2022 to discuss the following."

14 So you met with Mr. --

15 A. This was a phone conversation.

16 Q. So you didn't meet with him.

17 A. Just on the phone.

18 Q. Okay.

19 "Termination for violating work rule #2

20 class 2 Gross Misconduct.

21 "Grabbing associates clothing and

22 pulling closer to body."

23 Did you see that?

24 A. In the video, and he did admit that he had

25 grabbed right here --

APP 128

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 130 of 243 PageID 861
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

66

1 becomes an issue, they'll write you up for infraction.

2 Q. And did Mr. Walters say, "She didn't have on

3 the right equipment"?

4 A. No.

5 Q. That never came up.

6 A. During the statements, they talked about

7 PPE, but wasn't talking about PPE.

8 Q. Right. Did -- to your knowledge, on

9 March 10, 2022, did Ms. Hooper have on the proper

10 equipment?

11 A. To my knowledge, yes.

12 Q. Yes or no or don't know? Don't remember?

13 A. Well, from what I see in the video, I see

14 the proper PPE on.

15 Q. Okay. If she did not, would it be the

16 responsibility of Mr. Walters to correct her and say,

17 "You need to put on the proper equipment"?

18 A. Yes, it would be the supervisor's

19 responsibility --

20 Q. Okay.

21 A. -- to verify they're wearing their PPE.

22 Q. Okay. Then it says, "Telling the associate

23 to calm down before he put her in a choke hold."

24 Did Mr. Walters say that?

25 A. To her?

APP 129

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 131 of 243 PageID 862
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

67

1 Q. Yes.

2 A. I don't know. I was not privy to the

3 conversation; I do not know.

4 Q. But that's the reason for the termination.

5 A. The statements.

6 Q. That's coming from --

7 A. Multiple people.

8 Q. Multiple people. And we've talked about

9 Ms. Hooper and the two ladies.

10 A. Uh-huh.

11 Q. Anybody else?

12 A. No, sir.

13 Q. But there's also people out there that

14 didn't see anything. They were right in the area and

15 didn't see anything happen. You didn't talk to them,

16 right?

17 A. I asked them if they seen or witnessed

18 anything with the alleged, and they told me no.

19 Q. But you didn't get that --

20 A. As you just stated, it's loud.

21 Q. But you didn't put that in writing.

22 A. No, sir. There was no --

23 Q. Did you ask these two people to make the

24 statements, Ms. Thomas --

25 A. Did I ask them?

APP 130

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 132 of 243 PageID 863
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

68

1 Q. Yes.

2 A. I went to them and asked them were they

3 privy to it. They told me what they knew. And I

4 asked them, "Okay, do you mind putting that in a

5 statement?"

6 Q. Okay.

7 A. They said yes.

8 Q. Now, both of these ladies say, "We thought

9 he was just joking. He didn't mean it." Right? "But

10 I think he was playing with us." Even if it's true,

11 she says, "I think he was playing with us."

12 A. No -- I'm sorry, the question again?

13 Q. Sure.

14 Okay. 117, there's a Bates stamp, the

15 right-hand corner.

16 A. Uh-huh.

17 Q. You see that?

18 A. Uh-huh.

19 Q. "Choke hold" -- "I think he was playing...us

20 when he said it," okay.

21 I didn't see that in the report -- this

22 final report. It didn't say anything about "playing

23 with us."

24 A. So are you saying the statement is referring

25 to Evaite saying that?

APP 131

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 133 of 243 PageID 864
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

72

1 A. Meredith.

2 Q. I'm sorry?

3 A. Meredith Singletary.

4 Q. And Mr. ...?

5 A. Antonio Juarez.

6 Q. Juarez.

7 And how do we spell Singletary?

8 A. S-i-n-g-l-e-t-a-r-y?

9 Q. Pretty close?

10 A. I think -- I think that's it.

11 Q. Okay. All right.

12 So the other two individuals that we're

13 dealing with are Antonio and Meredith, right?

14 A. Correct.

15 Q. Anybody else?

16 A. Not that I'm aware of.

17 Q. Okay. Why would you not be aware of it?

18 A. The investigation, I started it off; I sent

19 everything that was requested, to HR.

20 Q. Mickey Moza.

21 A. Yes, sir.

22 And then informed my general manager.

23 Q. Adam Elliott.

24 A. And then I had nothing else to do with it,

25 unless I was requested for any other information.

APP 132

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 134 of 243 PageID 865
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

78

1 Q. (BY MR. WHITEHURST) Okay.

2 A. That's when he was contacted.

3 Q. Are you aware of the fact the Texas

4 Unemployment Commission found no reason for discharge?

5 A. No, sir.

6 Q. You didn't know that?

7 A. No, sir.

8 Q. Do you think that's kind of important, the

9 fact that you got a government agency coming in and

10 finds that "We don't find any reason for discharge"?

11 MS. BEZNEY: Object to form.

12 A. No, sir. I don't know I've ever been told

13 that.

14 Q. (BY MR. WHITEHURST) Okay. All right. If

15 that's the case, would you say, "Hey, maybe we made a

16 mistake"?

17 MS. BEZNEY: Object to form.

18 A. Again, opinion-based, it would have been a

19 biased decision, because Mr. Walters was a friend.

20 Q. (BY MR. WHITEHURST) But it's my

21 understanding from what you're telling me, sir,

22 Mr. Walters has no idea what he's accused of, and DHL

23 never submitted --

24 A. When he was suspended, he was called in my

25 office. We discussed what Miss Evaite had talked

APP 133

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 135 of 243 PageID 866
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

81

1 What I'm trying to ascertain is --

2 there's got to be something I'm missing; I just don't

3 see it. Mr. Shaw, I'm looking at the statements, and

4 then I'm looking at the video. There's got to be

5 something else that you've looked at at that time.

6 A. I got statements; I got a video. Sent it to

7 HR.

8 Q. Okay. So you didn't make the decision. HR

9 made the decision.

10 A. I sent it up to HR; it went through them.

11 The decision -- it went down how they would proceed.

12 Adam and possibly myself would have had to agree with

13 it to administer it.

14 Q. So Mr. Elliott and yourself agreed to it.

15 A. I would have had to agree to it to

16 administer it.

17 Q. All right. But could HR make -- overrule

18 it?

19 A. Could they force us?

20 Q. Yes.

21 A. No, sir.

22 Q. Okay. So it basically came down to you and

23 Mr. Elliott made the decision to terminate

24 Mr. Walters.

25 A. Based --

APP 134

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 136 of 243 PageID 867
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

85

1 A. Well, the first statement had absolutely

2 nothing to do with any of it. That's why HR had me

3 reach out to have a second statement.

4 Q. Okay.

5 This is a correction action form. Is

6 that correct?

7 MS. BEZNEY: You're looking at document

8 119.

9 Q. (BY MR. WHITEHURST) That you signed.

10 A. Yes, I -- I -- this is what I administered.

11 Q. Okay. And -- so you're saying that

12 Mr. Walters -- yeah.

13 I assume this is -- it is Bates stamped

14 113.

15 (Pause in proceedings.)

16 A. Okay.

17 Q. (BY MR. WHITEHURST) Okay.

18 So looking at that, sir, he didn't --

19 he denies it. Right?

20 A. Correct.

21 Q. Okay.

22 All right. So there is -- Mr. Shaw,

23 there's nothing else that I'm missing other than the

24 documents that I've showed you here today. Is that

25 right?

APP 135

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 137 of 243 PageID 868
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

96

1 Besides the incident with Ms. Hooper,

2 if that had not occurred, would you rehire

3 Mr. Walters?

4 A. DHL?

5 Q. Yes.

6 A. I cannot answer for them.

7 Q. Okay. All right. For you?

8 A. For me, personally? We were friends.

9 Q. I know, but would you rehire him?

10 A. Possibly.

11 Q. Well, Mr. Shaw, all I got is documents.

12 That's all I got. I don't see him goofing off,

13 messing around, drunk, drugs, fights, anything like

14 that. And he showed up on time. Apparently --

15 A. No, sir.

16 Q. -- he did a pretty good job.

17 A. No, sir. Many times he was late.

18 Q. Mr. Walters was?

19 A. Yes, sir.

20 Q. Okay. How do you know that?

21 A. I would receive a text.

22 Q. From...?

23 A. Or I would be notified by the night shift

24 sup that he was still not there, or Mr. Walters would

25 text me. I'd get texts that, "My stomach hurts. I

APP 136

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 138 of 243 PageID 869
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

100

1 not looked at the video in over a year.

2 Q. Right. But would you terminate an

3 individual that you couldn't see for sure?

4 A. Would I terminate?

5 Q. Mr. Walters, based on this -- you don't know

6 who he's talking to.

7 A. No, sir.

8 Q. You would not?

9 A. The termination didn't come just from the

10 video, sir.

11 Q. Oh, it came from the statements.

12 A. Statements, videos, evidence, I assume. I

13 gathered it; I sent it to HR.

14 Q. Mr. Moza.

15 A. Yes, sir.

16 Q. Okay.

17 MR. WHITEHURST: Pass the witness.

18 MS. BEZNEY: Thank you.

19 EXAMINATION

20 BY MS. BEZNEY:

21 Q. Mr. Shaw, in kind of a summary, how would

22 you explain the duties of an operations supervisor?

23 A. It's multiple. It's anything from coming in

24 to assigning your associates to where they need to be,

25 watching performance, interviews, monthly/yearly

APP 137

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 139 of 243 PageID 870
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

101

1 reviews, reviews for new associates, 30/60/90s,

2 mentoring, training, corrective actions, employee

3 relations, summing it up or keeping the production

4 going, cost of movement. So you got to know multiple

5 areas, multiple functions, multiple job duties,

6 multiple expectations.

7 Q. And to your knowledge, did Mr. Walters do

8 all of those things?

9 A. Yes, ma'am.

10 Q. He did training?

11 A. Yes, ma'am.

12 Q. He conducted interviews?

13 A. Yes, ma'am.

14 Q. And as a result of those interviews, would

15 he, you know, fill out forms?

16 A. Yes, ma'am.

17 Q. And on those -- on the top of those forms,

18 did he indicate to, you know, hire or not hire?

19 A. Yes.

20 Q. And then what would he do with those forms?

21 A. He would turn them in to the office

22 supervisor.

23 Q. Okay.

24 A. And at the time, that would have been Tammy

25 Williams.

APP 138

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 140 of 243 PageID 871
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

102

1 Q. And if he had marked at the top "yes" for

2 hire, to your knowledge, were those individuals

3 offered employment?

4 A. Yes, employment would proceed.

5 Q. Was there anyone that had a secondary review

6 over Mr. Walters' hire recommendations?

7 A. No.

8 Q. Okay. So if he said hire them, you would

9 hire them.

10 A. As long as they passed the background check

11 and went through all the stuff to be able to be

12 eligible for hire.

13 Q. Okay.

14 You said employee discipline,

15 corrective actions. Did Mr. Walters have to get

16 approval from anyone before issuing a corrective

17 action to someone, an hourly associate?

18 A. No.

19 Q. And you're familiar with the employee

20 handbook you mentioned earlier?

21 A. Yes.

22 Q. Okay.

23 A. I mean, I'm familiar with bits and pieces

24 and parts of it. I still have to refer back to it.

25 It's a lot of pages.

APP 139

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 141 of 243 PageID 872
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

108

1 A. Of running both shifts all weekend, yes.

2 Q. Okay.

3 A. Most cases, more sporadic. End of month,

4 end of quarter is a real busy time because there's a

5 lot of business trying to be shoved into either a

6 month or a quarter.

7 Q. Okay.

8 Now, on the morning of March 10, 2022,

9 you mentioned earlier that Evaite Hooper texted you

10 that she needed to talk to you?

11 A. Correct.

12 Q. And so did you meet with her when you came

13 in?

14 A. As soon as I got to work, I called her; told

15 her I was there. She came up to the front. She was

16 very emotional.

17 Q. Explain to me what you mean by that.

18 A. She was crying. She was hard to understand

19 at first, hard to talk. She was very worked up.

20 Q. Okay.

21 A. She -- she was not what an associate would

22 be if they were just having a bad day.

23 Q. Is that typical of Ms. Hooper?

24 A. To me, no. She may come up and gripe about

25 something every once in a while, but she was not a

APP 140

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 142 of 243 PageID 873
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

110

1 colors. She was all over the board. And I cannot

2 remember the entire conversation. Like I said, it

3 was -- it was very erratic and not something I

4 expected at 7:00, 7:30 in the morning when I first

5 walked in the door. So kind of just, kind of, hit.

6 Q. Uh-huh.

7 Do you recall her mentioning him saying

8 anything about choking her?

9 A. I don't recall that in the conversation.

10 She could have. I was more into trying to diffuse the

11 situation, see what I needed to do, where I needed to

12 go, what needed to be done, and make sure everything

13 was okay.

14 Q. And at the end of that meeting, where did

15 Ms. Hooper go? Did she go back to work?

16 A. I do think she went back to -- back to work.

17 I called Mr. Walters up. We had a discussion about

18 why she'd came in there and what all she had told me

19 and what all was going on. I decided to talk to

20 Mickey, HR, let Adam know, because I was the only

21 person on site.

22 Q. Okay. So after Ms. Hooper left your office,

23 you then called Mr. Walters in?

24 A. Me and Mr. Walters had a discussion, yeah.

25 I can't remember if I called HR before or after that

APP 141

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 143 of 243 PageID 874
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

111

1 point.

2 Q. Okay. And when you were talking to

3 Mr. Walters, you explained to him what Ms. Hooper --

4 A. Correct.

5 Q. -- had reported to you?

6 A. Yes.

7 Q. Did he say at that time that he did touch

8 her jacket?

9 A. Yes.

10 Q. And what did he say about that?

11 A. He talked about holding it to -- when he was

12 referring to safety colors.

13 Q. So he admitted to you that he pulled on her

14 jacket.

15 A. Uh-huh.

16 Q. And did he demonstrate it, like you are now?

17 A. Uh-huh.

18 Q. Did he say anything about the choking

19 comment?

20 A. I cannot recall from the conversations on

21 that, whether he said he did or if he denied it.

22 Q. Okay.

23 And from there, did Mr. Walters go back

24 to work?

25 A. I got his statement. I sent everything in,

APP 142

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 144 of 243 PageID 875
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

112

1 and I think they requested that I suspend him. One of

2 our natural deals, if there's aggression between two

3 associates, is we would separate and suspend.

4 Q. When did he write the handwritten statement

5 that you got from him?

6 A. The handwritten -- Mr. Walters?

7 Q. Yes.

8 A. He wrote one statement when he was there at

9 work.

10 Q. So it was that morning?

11 A. Yes.

12 Q. Okay.

13 The two witness statements that you got

14 from Tenisha and Shaquel Thomas, why didn't they sign

15 them?

16 A. They said they would fill out the statement,

17 but they did not want to be part of anything.

18 Q. They just didn't want to be involved?

19 A. Yes.

20 Q. Did you tell them what to write?

21 A. No.

22 Q. Did you tell Ms. Hooper what to write?

23 A. Huh?

24 Q. Did you tell Ms. Hooper what to write in her

25 typed statement?

APP 143

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 145 of 243 PageID 876
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

114

1 A. The text requesting it? No. HR was the one

2 that told me to text him and ask him for -- to get the

3 personal email to get a statement.

4 Q. Okay. So my question, I guess, is: did

5 Mr. Walters ever see the statements of Ms. Hooper

6 and/or the other two ladies?

7 A. Personally, I did not give it to him, so.

8 Q. So no --

9 A. I did -- I did not give it to him, no.

10 Q. Do you -- that would have come from

11 Mr. Moza.

12 A. I assume. I don't know exactly how much

13 Mr. Walters and Mr. Moza even spoke afterwards. I was

14 not previewed or discussed to that in any way.

15 Q. Okay.

16 Ms. Hooper was outside. Did you see

17 her?

18 A. Yes, sir.

19 Q. Okay. There was a gentleman with her. Is

20 that right?

21 A. Her son?

22 Q. Yes.

23 A. Quincy?

24 Q. Quincy?

25 A. Yes.

APP 144

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 146 of 243 PageID 877
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

140

1 A. Well, I -- that, I couldn't answer for them.

2 Q. If the choke had not been in there, would

3 they have terminated Mr. Walters?

4 MS. BEZNEY: Object to form.

5 A. That's still an assumption, so -- I really

6 don't know because it all depends -- I don't know what

7 all was discussed, what all wasn't. I turned in the

8 evidence, so everything that went from there never

9 came back to me.

10 Q. (BY MR. WHITEHURST) Okay. So if an

11 employee touches another employee, that is a violation

12 for termination -- good cause for termination.

13 A. Could cause, yes, sir, especially if the

14 other person's taking it as aggressive.

15 Q. Okay. All right. So who makes the decision

16 to terminate him or not?

17 A. Every termination has to be fed through HR.

18 Q. Okay. So there was a headbutt incident with

19 Mr. Walters and somebody else. Do you know about

20 that?

21 MS. BEZNEY: Object to form.

22 A. There -- just the rumors, I heard about it.

23 Q. (BY MR. WHITEHURST) Okay.

24 A. I was not involved in it. It was not

25 reported to me. I was directly -- nothing involved in

APP 145

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 147 of 243 PageID 878
EARTIS SHAW - 4/13/2023

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

143

ACKNOWLEDGMENT OF DEPONENT

I, EARTIS SHAW, do hereby certify that I have

read my oral deposition transcript taken on April 13,

2023, in Case 3:22-cv-01840-C, and that the same is a 

correct transcription of the answers given by me to

the questions therein propounded, except for the

corrections or changes in form or substance, if any,

noted above.

[DEPONENT SIGNATURE] [DATE]

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

(877) 790-3376 FAX (877) 790-3377

APP 146

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 148 of 243 PageID 879
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

144

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7 REPORTER'S CERTIFICATE

 ORAL DEPOSITION OF EARTIS SHAW

8 THURSDAY, APRIL 13, 2023

9 I, MARIBEL TORRES, a Certified Shorthand Reporter

10 of the State of Texas, do hereby certify that the

11 foregoing proceedings were taken before me at the time

12 and place herein set forth; that any witness in the

13 foregoing proceedings, prior to testifying, was

14 administered an oath; that a record of the proceedings

15 was made by me using machine shorthand, which was

16 thereafter transcribed by me or under my direction;

17 that the foregoing transcript is a true record of the

18 testimony given.

19 I further certify that if the foregoing pertains

20 to the original transcript, that before the completion

21 of the proceedings, review of the transcript [ ] was

22 waived [ ] was not requested, [X] was requested.

23 I further certify I am neither financially

24 interested in the action nor a relative or employee of

25 any attorney or any party to this action.

APP 147

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 149 of 243 PageID 880
EARTIS SHAW - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

145

1 IN WITNESS WHEREOF, I have this date, May 8,

2 2023, subscribed my name.

3

4

 _________________________________

5 Maribel Torres

 Texas Certified Stenographer #8597

6 Expiration Date: 10/31/2023

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 148

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 150 of 243 PageID 881
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

1

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7

8

9

 ORAL DEPOSITION OF

10 DENEILL HOOPER

 THURSDAY, APRIL 13, 2023

11 3:24 P.M. - 4:19 P.M.

12

13

14

15 ORAL DEPOSITION OF DENEILL HOOPER, produced as a

16 witness at the instance of the Plaintiff, and duly

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

18 cause on the 13th day of April, 2023, from 3:24 p.m.

19 to 4:19 p.m., before Maribel Torres, Certified

20 Shorthand Reporter in and for the State of Texas,

21 reported by computerized stenotype machine at the law

22 offices of Fisher Phillips, LLP, 500 North Akard

23 Street, Suite 3550, Dallas, Texas, pursuant to the

24 Federal Rules of Civil Procedure and the agreements

25 herein after set for, if any. Signature reserved.

APP 149

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 151 of 243 PageID 882
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

2

1 APPEARANCES

2

REPRESENTING THE PLAINTIFF:

3 BOB WHITEHURST, ESQ.

WHITEHURST & WHITEHURST, ESQ.

4 5380 OLD BULLARD ROAD

SUITE 600, #363

5 TYLER, TEXAS 75703

TELEPHONE: (903)593-5588

6 EMAIL: whitehurstlawfirm@yahoo.com

7

REPRESENTING THE PLAINTIFF:

8 THEANNA BEZNEY, ESQ.

FISHER PHILLIPS, LLP

9 500 NORTH AKARD STREET

SUITE 3550

10 DALLAS, TEXAS 75201

TELEPHONE: (214)220-8325

11 EMAIL: tbezney@fisherphillips.com

12

ALSO PRESENT:

13 MR. JASON WALTERS, PLAINTIFF

14

15

16

17

18

19

20

21

22

23

24

25

APP 150

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 152 of 243 PageID 883
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

3

1 I N D E X

2

Appearances.......................... 2

3 WITNESS: DENEILL HOOPER

Examination by Mr. Whitehurst........ 4, 60

4 Examination by Ms. Bezney............ 56

Acknowledgment....................... 60

5 Court Reporter's Certificate......... 62

6

 PLAINTIFF'S EXHIBITS

7

8 NO. DESCRIPTION PAGE

9

6 Facebook Posts 37

10 7 Text Messages 37

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 151

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 153 of 243 PageID 884
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

4

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

2 THURSDAY, APRIL 13, 2023 - 3:24 P.M.

3 (REPORTER'S NOTE: Names not spelled on

4 the record may be spelled phonetically.

5 Quotation marks may be used with

6 indirect, inexact quotes.)

7 THE COURT REPORTER: We're on the

8 record for the oral deposition of DeNeill Hooper,

9 taken at Fisher Phillips in Dallas, Texas, on

10 April 13, 2023. The time is 3:24 p.m. My name is

11 Maribel Torres with Leigh & Associates.

12 Counsel, could you please state your

13 appearance for the record before I swear her in.

14 MR. WHITEHURST: Bob Whitehurst for

15 plaintiff.

16 MS. BEZNEY: Theanna Bezney from Fisher

17 Phillips for defendant, Exel.

18 DENEILL HOOPER,

19 having been duly administered the oath, testified as

20 follows:

21 EXAMINATION

22 BY MR. WHITEHURST:

23 Q. Would you state your name for the record,

24 please, ma'am.

25 A. DeNeill Evaite Hooper.

APP 152

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 154 of 243 PageID 885
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

11

1 A. Last year.

2 Q. In 2021? 2022?

3 A. 2022.

4 Q. Okay. January, February, March, the best

5 you remember?

6 A. Maybe October.

7 Q. Of 2022.

8 A. Yes.

9 Q. After Mr. Walters was gone.

10 A. Yes.

11 Q. Okay.

12 Do you know who Adam Elliott is?

13 A. He's the GM.

14 Q. Okay. Have you ever talked to him?

15 A. When I need to, yes.

16 Q. What have you talked to Mr. Elliott about?

17 What about?

18 A. Just -- if he comes and talk to me, I'll

19 talk about whatever he had -- whatever he needs to

20 talk about.

21 Q. Okay.

22 Now, you prepared a statement on

23 March 10, 2022; and I'm handing you what's been marked

24 as Exhibit, first of all, 2.

25 Have you ever seen that statement?

APP 153

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 155 of 243 PageID 886
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

12

1 A. Yes.

2 Q. Okay. Did you prepare that statement?

3 A. Yes.

4 Q. Did you type that statement?

5 A. Yes.

6 Q. Where did you type that statement?

7 A. Where?

8 Q. Yes.

9 A. I typed it on my computer at home.

10 Q. On that day?

11 A. Yes.

12 Q. Okay.

13 So you show up at 6:00 o'clock. Is

14 that right?

15 A. About 6:04.

16 Q. 6:04.

17 And was the agreement between you and

18 Mr. Shaw that she could be late?

19 A. Yes.

20 Q. Okay. That was because of your child --

21 grandchild.

22 A. Yes.

23 Q. Okay. Did any other employees have an

24 agreement?

25 A. I don't know about any other employees.

APP 154

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 156 of 243 PageID 887
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

17

1 else?

2 A. No.

3 Q. Okay. You know he had a meeting with you.

4 We know there's seven or eight other people. There's

5 Ms. Tenisha and Shaquel Thomas --

6 A. Uh-huh.

7 Q. -- right? Is that right?

8 A. Yes.

9 Q. Okay. But you're the only one he had a

10 meeting with.

11 A. After the -- after the -- after the meeting

12 with the six or seven or eight other people, yes.

13 Q. Okay. So where did y'all have that meeting

14 at?

15 A. Right in the area where we have pre-shift.

16 Q. Okay.

17 A. After everyone left.

18 Q. So there was no one else around?

19 A. No.

20 Q. Okay. Did -- okay. So these eight other

21 people -- seven or eight other people had already

22 left.

23 A. Yes.

24 Q. Okay. And during that meeting, what was

25 discussed between you and Mr. Walters?

APP 155

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 157 of 243 PageID 888
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

18

1 A. Oh, mis -- we were still talking about me

2 being late, and then he wanted to say -- he wanted to

3 say -- he want to tell me to calm down, which I wasn't

4 upset.

5 Q. Okay.

6 A. And then he tells me -- he walks in to me

7 and he leans in, tells me to calm down, before he puts

8 me in a chokehold.

9 Q. Okay.

10 A. And he grabs my jacket.

11 Q. Okay. Now, does he grab the heck out of you

12 (demonstrating), just like that?

13 A. No, he does not.

14 Q. Ma'am?

15 A. No.

16 Q. How does he grab you?

17 A. He just tugged on my jacket.

18 Q. Okay. Did you have a correct uniform on?

19 A. Yes, I do, every day.

20 Q. Okay. And what is -- what am I talking?

21 What's a correct uniform?

22 A. I have to have on my safety colors, have on

23 my safety boots.

24 Q. Okay. So you had on your safety boots and

25 safety colors.

APP 156

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 158 of 243 PageID 889
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

19

1 A. Yes.

2 Q. When he said, "Hey, you don't have on your

3 correct uniform" --

4 A. We didn't even talk about me being in my

5 safety uniform. We had -- that was not even part of

6 the conversation.

7 Q. Okay. What -- okay, he's grabbed you. And

8 why did he grabbed you?

9 A. Repeat that.

10 Q. Okay. You said he grabbed you.

11 A. Yes.

12 Q. I'm asking why did he grab you.

13 A. I don't know. That might be a question you

14 have to ask him.

15 Q. Okay. Well, you thought it was offensive.

16 A. Yes, I did.

17 Q. Okay. And how long was that conversation?

18 A. Oh, after he grabbed -- after he tugged on

19 my jacket, the conversation ended.

20 Q. So you walked off? He walked off?

21 A. Yes, I did.

22 Q. Okay.

23 All right. Where did you go after you

24 walk off?

25 A. I went to work.

APP 157

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 159 of 243 PageID 890
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

20

1 Q. Okay.

2 A. And waited on my super -- my immediate

3 supervisor to get there.

4 Q. Who was Mr. Shaw.

5 A. Yes.

6 Q. Okay. And so you go up and talk to

7 Mr. Shaw. Is that in the same building, different

8 building, or what?

9 A. Same building.

10 Q. Okay. How far is that?

11 A. Not far.

12 Q. Okay.

13 All right. Were you upset at anything

14 about that day?

15 A. After the fact, yes. I --

16 Q. Okay.

17 A. -- was very --

18 Q. Before you got --

19 A. -- upset.

20 Q. -- to work, were you upset about anything?

21 A. No, I wasn't.

22 Q. Okay. Okay.

23 Now, my understanding is -- Mr. Shaw is

24 your immediate supervisor?

25 A. He is.

APP 158

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 160 of 243 PageID 891
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

23

1 A. Shaquel may be using that last name, Thomas.

2 I don't know. But her mother's name is -- her last

3 name is Wells, so I put Shaquel Wells. I don't know

4 if she use "Thomas" or not; I don't know.

5 Q. Okay. Well, what I'm trying to figure out,

6 there's a statement from Tenisha Thomas and a Shaquel

7 Thomas. Are they two different people?

8 A. Yes. Those are two different people.

9 Q. Okay.

10 Okay. Have you seen the statements

11 from these Thomases?

12 A. No, I haven't.

13 Q. Okay.

14 May I see that, please, ma'am? Thank

15 you. The first -- last page. All right.

16 So you leave and go home at 7:00. Is

17 that right?

18 A. Yes.

19 Q. Then what happens? Do you check out, clock

20 out?

21 A. Yes. I left for the day.

22 Q. Okay, clock out for the day.

23 A. Yes.

24 Q. Okay. Then what happens?

25 A. I go to work the next day.

APP 159

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 161 of 243 PageID 892
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

28

1 Q. (BY MR. WHITEHURST) Was he supposed to do

2 what the office -- or general manager and everybody

3 else told him to do?

4 A. Supposed to.

5 Q. Okay. And if he didn't do that, he wouldn't

6 be doing his job. Is that right?

7 A. Right.

8 Q. Is that right, yes or no?

9 A. Yes.

10 Q. Okay.

11 Did you ask either of these two ladies

12 to write a statement for you?

13 A. No.

14 Q. You didn't, okay.

15 Did anyone else, after this incident

16 happened, come to you and ask you anything?

17 A. No.

18 Q. Okay. I'm going to show you what I think is

19 marked as No. 10 here. Is that the incident you're

20 talking about?

21 A. Yes. This is the incident.

22 Q. Okay.

23 All right. Have you seen the video?

24 A. No.

25 Q. Okay. Is -- there's a second page, I

APP 160

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 162 of 243 PageID 893
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

49

1 there, around. They didn't see the incident, right?

2 A. No, they didn't.

3 Q. So all of this is based on your word.

4 MS. BEZNEY: Object to form.

5 A. All this is based on this video.

6 Q. (BY MR. WHITEHURST) Oh, okay. But you've

7 not seen the video.

8 A. No, I haven't.

9 Q. Okay. And looking at that document right

10 there, that could be anybody in the world.

11 MS. BEZNEY: Object to form.

12 A. No, that can't be.

13 Q. (BY MR. WHITEHURST) Can you recognize

14 yourself?

15 A. Yeah.

16 Q. How do you --

17 A. I know that's me.

18 Q. -- recognize?

19 A. Because that's my uniform. I wear that

20 uniform almost every day.

21 Q. Okay.

22 A. Unless it's hot outside.

23 Q. So are there other people that wore the same

24 uniform?

25 A. They have the same jacket, but I know my

APP 161

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 163 of 243 PageID 894
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

50

1 pants and I know my shoes.

2 Q. Okay.

3 A. I got that uniform on now.

4 Q. Did you ask -- tell Mr. Shaw this?

5 A. Tell Mr. Shaw what?

6 Q. That this was you.

7 A. Yeah, I told him it was me.

8 Q. Okay.

9 A. I let him know where we were standing when

10 this happened.

11 Q. Had you looked at the video when you talked

12 to Mr. Shaw?

13 A. I have not seen the video right until this

14 day. This is the only thing I have ever seen. I have

15 not seen the video.

16 Q. So you've never seen the video?

17 A. No.

18 Q. Okay. I assume you haven't seen the entire

19 video.

20 A. I haven't seen the video at all, period.

21 Q. You've not seen it at all.

22 A. I have not seen the video.

23 Q. Okay. And this is the only thing you've

24 seen --

25 A. This is the only thing I have ever seen. I

APP 162

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 164 of 243 PageID 895
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

58

1 A. Yes.

2 Q. Okay.

3 After you talked to Mr. Shaw on the day

4 of the incident, but before you left, did anyone come

5 talk to you?

6 A. No.

7 Q. Okay. How did you know about Mr. Walters

8 telling Shaquel and Tenisha Thomas that he had choked

9 them out?

10 A. They told me.

11 Q. When did they tell you?

12 A. When did they tell -- they told me when I

13 came back to work on -- I don't -- I don't remember

14 exactly what day of the week this was, but when -- I

15 think it's, like, on a Wednesday or Thursday. So they

16 didn't see me until the following week.

17 Q. But you knew about them when you wrote this

18 statement out.

19 A. Oh, she called me. They called me. Because

20 they didn't know I had left for the day. They called

21 me and told me.

22 Q. What did they tell you?

23 A. They told me that he came and told them

24 about this meeting.

25 Q. And what did he tell --

APP 163

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 165 of 243 PageID 896
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

59

1 A. About --

2 Q. -- them about it?

3 A. -- about him saying that he told me to calm

4 down before he puts me in a chokehold, and that he was

5 just playing.

6 Q. Did you take it as a joke?

7 A. No.

8 Q. Was he laughing when he said it to you?

9 A. No.

10 Q. Do you often joke around with Mr. Walters?

11 A. No.

12 Q. Are you friends?

13 A. No.

14 Q. He hasn't joked with you before about

15 choking?

16 A. No.

17 Q. And you didn't take it this time as a joke.

18 A. No.

19 Q. And you didn't think it was a joke when he

20 grabbed you.

21 A. No.

22 Q. And you know it's against company policy for

23 anyone to put their hands on another employee.

24 A. Yes.

25 Q. In any kind of way.

APP 164

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 166 of 243 PageID 897
APP 165

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 167 of 243 PageID 898
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

65

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7 REPORTER'S CERTIFICATE

 ORAL DEPOSITION OF DENEILL HOOPER

8 THURSDAY, APRIL 13, 2023

9 I, MARIBEL TORRES, a Certified Shorthand Reporter

10 of the State of Texas, do hereby certify that the

11 foregoing proceedings were taken before me at the time

12 and place herein set forth; that any witness in the

13 foregoing proceedings, prior to testifying, was

14 administered an oath; that a record of the proceedings

15 was made by me using machine shorthand, which was

16 thereafter transcribed by me or under my direction;

17 that the foregoing transcript is a true record of the

18 testimony given.

19 I further certify that if the foregoing pertains

20 to the original transcript, that before the completion

21 of the proceedings, review of the transcript [ ] was

22 waived [ ] was not requested, [X] was requested.

23 I further certify I am neither financially

24 interested in the action nor a relative or employee of

25 any attorney or any party to this action.

APP 166

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 168 of 243 PageID 899
DENEILL HOOPER - 4/13/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

66

1 IN WITNESS WHEREOF, I have this date, May 8,

2 2023, subscribed my name.

3

4

 _________________________________

5 Maribel Torres

 Texas Certified Stenographer #8597

6 Expiration Date: 10/31/2023

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 167

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 169 of 243 PageID 900
To whom it may concern: 

On March 10, 2022 after our pre-shift meeting Jason 

Walters called another meeting with the associates (DHL) 

that was late. During that meeting, he told us that we are 

to be there on time at 6 am. I ,Evaite, told Jason why I was 

late. Jason felt like I disrespected him and told me that we 

would have a meeting when he let us out that meeting. He 

told me "that I called him out in front of the other 

associates." If we need to have a meeting about us being 

late, shouldn't that meeting be held with all the associates 

in a corporate setting? I repeated my reason for being late, 

he pulled my coat and told me "to calm down before he 

puts me in a choke hold." I have the right as an associate 

to voice my opinion and a right to defend myself in a 

respectful manner. I wasn't irate, trying to cause a scene 

or using foul language. If a supervisor is trying to make an 

example out of someone, take the problem up with that 

associate. After everything is said and done, Jason goes 

and tells Shaquel Wells and Tenisha Thomas what he said 

to me. I feel threatened and violated. I feel like I need to 

go and get a lawyer, so that I can be protected being in the 

same workspace with him. This man has been on trial for 

murder, though he was found not guilty. Jason has been 

heard saying "that you can get off if you have money." This 

is common knowledge to the associates. 

EXEL_00114 

APP 168

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 170 of 243 PageID 901
I take all these things to heart because I have been in an 

abusive relationship. This is not a joking matter to me and 

if he thinks it is, it's not. You can't say things like that or put 

your hand on someone's person. I don't feel comfortable 

working under him anymore. He has pulled his last straw 

with me. I try my best to get to work on time after I drop 

my grandson off at daycare. Daycare doesn't open until 

6am. I can't leave him on the sidewalk and tell him to stay 

there until someone shows up. I had taken my situation up 

with Eartis and John last year. 

DeNeill Hooper (\ "· t _ · f\O r\l li\r-'1(\J,..) 

3/10/2022 )UC~ ~~--

9:30 am 

EXEL_00115 

APP 169

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 171 of 243 PageID 902
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

1

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7

8

9

10 ORAL/VIDEOCONFERENCED DEPOSITION OF

 MICKEY MOZA

11 TUESDAY, JUNE 27, 2023

 1:15 P.M. - 3:06 P.M.

12

13

14

15

16 ORAL DEPOSITION OF MICKEY MOZA, produced as a

17 witness at the instance of the Plaintiff, and duly

18 sworn, was taken in the above-styled and -numbered

19 cause on the 27th day of June, 2023, from 1:15 p.m. to

20 3:06 p.m., before Maribel Torres, Certified Shorthand

21 Reporter in and for the State of Texas, reported by

22 computerized stenotype machine, held remotely,

23 pursuant to the Federal Rules of Civil Procedure and

24 the agreements herein after set forth, if any.

25 Signature reserved.

APP 170

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 172 of 243 PageID 903
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

2

1 APPEARANCES

2

REPRESENTING THE PLAINTIFF:

3 BOB WHITEHURST, ESQ.

WHITEHURST & WHITEHURST, ESQ.

4 5380 OLD BULLARD ROAD

SUITE 600, #363

5 TYLER, TEXAS 75703

TELEPHONE: (903) 593-5588

6 EMAIL: whitehurstlawfirm@yahoo.com

7

REPRESENTING THE DEFENDANT:

8 THEANNA BEZNEY, ESQ.

FISHER PHILLIPS, LLP

9 500 NORTH AKARD STREET

SUITE 3550

10 DALLAS, TEXAS 75201

TELEPHONE: (214) 220-8325

11 EMAIL: tbezney@fisherphillips.com

12

ALSO PRESENT:

13 MR. JASON WALTERS, PLAINTIFF

14

15

16

17

18

19

20

21

22

23

24

25

APP 171

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 173 of 243 PageID 904
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

3

1 I N D E X

2

Appearances.......................... 2

3 WITNESS: MICKEY MOZA

Examination by Mr. Whitehurst........ 4, 75

4 Examination by Ms. Bezney............ 73

Acknowledgment....................... 97

5 Court Reporter's Certificate......... 99

6

 PREVIOUSLY MARKED PLAINTIFF'S EXHIBITS

7

8 NO. DESCRIPTION PAGE

9

E Corrective Action Notice, 51

10 Exel_00196-198

F Text Message 12

11 G Investigation Summary Form, 19

 Exel_00112-113

12 H Corrective Action Form, 26

 Exel_00119

13 I Text Messages 28

14

 PREVIOUSLY MARKED DEFENDANT'S EXHIBITS

15

16 P Complainant/Witness Statement Form, 73

 Exel_001575-1578

17 Q March 11, 2022 Emails, 76

 Exel_001579-1580

18

19

20

21

22

23

24

25

APP 172

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 174 of 243 PageID 905
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

4

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

2 TUESDAY, JUNE 27, 2023 - 1:15 P.M.

3 (REPORTER'S NOTE: Names not spelled on

4 the record may be spelled phonetically.

5 Quotation marks may be used with

6 indirect, inexact quotes.)

7 THE COURT REPORTER: We are on the

8 record. Today's date is June 27, 2023, and the time

9 is 1:15 p.m. This is the remote oral deposition of

10 Mickey Moza, taken by Zoom.

11 MICKEY MOZA,

12 having been administered the oath, testifies as

13 follows:

14 EXAMINATION

15 BY MR. WHITEHURST:

16 Q. Would you state your name for the record,

17 please, sir?

18 A. Mickey Moza.

19 Q. And how are you currently employed?

20 A. I'm not sure -- what do you mean by that?

21 Q. Who do you work for right now?

22 A. I work for JPMorgan Chase.

23 Q. And what do they do?

24 A. They're a bank.

25 Q. I'm sorry, what?

APP 173

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 175 of 243 PageID 906
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

10

1 A. That sounds right.

2 Q. Okay. All right.

3 What part did you play in the

4 termination of Mr. Walters?

5 A. I helped to -- I helped with the

6 investigation process; and I put together a summary

7 document, as is the normal practice at DHL. And I

8 gave a recommendation, which, again, would be the

9 normal practice.

10 Q. Who else, besides yourself, was involved?

11 A. Many people were involved. What specific

12 part are you asking about, who else is involved?

13 Q. Who's all involved? I didn't know there

14 were many. Who else is involved?

15 A. So the investigation, I believe the

16 operations manager, is who, I believe, was Jason

17 Walters' manager at the time, Eartis Shaw, was

18 involved.

19 Q. Okay.

20 A. I believe that -- and, then, from the HR

21 department, there -- the summary form for the

22 investigation -- or the summary for the investigation

23 that I put together, I provided that to the HR

24 leadership at DHL, the ones that I report to.

25 Q. Okay. Well, you were the person in charge

APP 174

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 176 of 243 PageID 907
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

29

1 Q. Well, first of all, in general, yeah.

2 A. Yes. We had conversations when I worked at

3 DHL, but not regarding this matter.

4 Q. She would know you well enough to call you

5 Mickey. Is that right?

6 A. Back then -- when I was at DHL, yes.

7 Q. Okay. All right.

8 MR. WHITEHURST: Then if you'd go to

9 the second page, please, ma'am.

10 Q. (BY MR. WHITEHURST) Okay. And it's got

11 "Mickey HR-DHL" at the top, and it's got

12 "817-269-4794." Is that your phone number?

13 A. When I was at DHL, that was the phone

14 number, yes, that I had.

15 Q. Yes.

16 And, then, it looks like a history of

17 calls, March 16th, one, two, three, four, five -- six

18 calls. Did Mr. Walters try to contact you at that

19 time?

20 A. I believe so, yes.

21 Q. Okay. All right. And do you know why?

22 A. Regarding his termination, yes, I believe

23 so.

24 Q. Okay. Did you ever tell Mr. Walters why he

25 was terminated?

APP 175

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 177 of 243 PageID 908
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

37

1 A. I don't recall if there was a policy or not

2 that stated that we had to tell you you were fired or

3 not. What I do know is that we do provide the

4 information, and I believe it's related to that

5 corrective action form that you showed earlier. I

6 would, basically, relay that information to the

7 individual. So whatever was communicated with regards

8 to his termination would have been communicated --

9 should -- I would have expected it probably would have

10 been communicated based on that form.

11 However, with that said, I don't know

12 what was or wasn't communicated to him regarding why

13 he was being terminated, because, one, I don't recall

14 he and I's -- he and I's conversation that we had that

15 one time, specifically whether -- what that

16 conversation entailed, but also because HR is not --

17 not the -- not the -- HR does not provide termination

18 notification. That's something that management does.

19 And I don't believe -- I don't recall whether I

20 notified him he was terminated or not.

21 Q. (BY MR. WHITEHURST) Okay.

22 MR. WHITEHURST: Go to the next page,

23 please, ma'am.

24 Q. (BY MR. WHITEHURST) Okay. Now, this is

25 dated March 21st, 2022. It says, "Mickey I'm trying

APP 176

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 178 of 243 PageID 909
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

38

1 to figure out when my health and dental insurance

2 expire on my family...I called the benefits number,

3 they referred me back to HR." HR is you, is that not?

4 A. Not necessarily. I don't know who -- who

5 is -- who they're referring to when -- or who he's --

6 who they told him, you know, that HR is.

7 Q. Okay. "I need this information for the

8 state...due to my special needs child."

9 Do you remember this?

10 A. I don't recall this specifically, no.

11 Q. You don't recall this, either?

12 A. I -- I recall something about him needing to

13 get the COBRA information, I believe it was. This

14 specific message, with all this information, no, I

15 don't recall all this information, no. I just -- but

16 I do remember something about him needing to get the

17 COBRA information.

18 Q. For his child.

19 A. That, I don't know. I don't recall that.

20 Q. Okay.

21 "Is there another person that I need to

22 contact about this." Your response --

23 MR. WHITEHURST: If you'll scroll down,

24 please.

25 Q. (BY MR. WHITEHURST) -- says, "The site

APP 177

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 179 of 243 PageID 910
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

40

1 Q. Yes.

2 A. At that location, it should be the general

3 manager, I'm pretty sure.

4 Q. And that would have been Adam Elliott?

5 A. I believe so.

6 Q. Okay.

7 Did you talk to Adam Elliott about

8 this?

9 A. I don't recall.

10 Q. Okay. Did you talk to John Dobbins about

11 this?

12 A. I don't recall.

13 Q. Okay.

14 Then it says, "Then it typically takes

15 1 to 2 weeks for the benefits team to receive" -- "the

16 benefits team to receive the separation notification,

17 so you can follow up with them." So is that correct?

18 A. Yes. And I can explain what that means, if

19 that's helpful.

20 Q. Okay. Yeah.

21 A. So I -- this is, I believe, the process when

22 I was at DHL for all employees who terminate, is that

23 once you're terminated, your management team submits

24 the termination in a system that DHL has; and then,

25 from there, once it's processed in the system, it --

APP 178

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 180 of 243 PageID 911
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

41

1 the third-party administrator that DHL used, I

2 believe, receives that information. This part, I

3 don't know, because I'm not directly involved in it --

4 or was not directly involved in it at that time. But

5 I believe that, after the separation is processed,

6 then the benefits team, I believe I'm referring to

7 there, is that third-party team or company, who then

8 provides or processes the COBRA information to be --

9 or letter, I would say, I believe it is, to be

10 emailed -- or, sorry, mailed, I believe, to the

11 employee.

12 So what I'm notifying him there is

13 that -- I believe what I'm notifying him there is that

14 it typically takes about one to two weeks after a

15 termination is processed for the benefits team, which

16 is that third-party administrator, to receive the

17 separation notification; and at that time, you can

18 follow up with them to find out, "Hey, where's my

19 COBRA information? Where is my COBRA letter?"

20 Because the COBRA information is not

21 something that HR -- local HR, like myself, have any

22 involvement in. I don't have access to anyone's

23 benefits information, when I was there. I can't -- I

24 have no access to any benefits system, where I can

25 provide that information. It's basically just based

APP 179

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 181 of 243 PageID 912
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

44

1 again. And I would just have to state that this is a

2 common thing that came up at DHL, which is that, you

3 know, a lot of employees thought that -- well, let

4 me -- let me rephrase that. This was -- this was a

5 thing that happened sometimes at DHL where employees

6 think that HR, myself as local HR, can process their

7 benefits for them, their enrollment, make changes,

8 et cetera, when I have zero connection with any of

9 that. That's all done by that third-party

10 administrator. And so that's what I'm trying to make

11 clear to him there.

12 And, of course, when -- when we do

13 annual enrollment, which is a process that happens

14 every year--at least once a year, everybody has to go

15 through annual enrollment--everybody has to go to that

16 website or call the number of that same third-party

17 administrator, which, likely, I'm guessing Mr. Walters

18 had done before, to make changes to his benefits, like

19 I've had to do when I was there, like any employee

20 would have to do. That's what I'm referring to "them"

21 in that text message, I believe, because that's the

22 number you should -- you should contact, because I

23 have no connection to it.

24 So, no, I don't agree that -- or -- you

25 know, that I would understand him being aggravated

APP 180

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 182 of 243 PageID 913
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

46

1 MS. BEZNEY: Object to form.

2 A. I don't know if that's true.

3 Q. (BY MR. WHITEHURST) Okay. Whose job would

4 it be to explain that to them?

5 A. To explain what to --

6 MS. BEZNEY: Object to form.

7 Q. (BY MR. WHITEHURST) Go ahead, Mr. Moza.

8 A. I said to explain what to them.

9 Q. I'm sorry?

10 A. I don't understand the question. To explain

11 what --

12 Q. Who would explain -- who would explain to an

13 employee the COBRA benefits at DHL?

14 A. The benefits number, who you contact for all

15 benefits questions, which is the same third-party

16 administrator company, the "benefits team," that I'm

17 referring to there.

18 Q. Okay.

19 All right. Do you understand the

20 frustration Mr. Walters was going through, in looking

21 at these emails and texts?

22 MS. BEZNEY: Object to form.

23 A. Do I understand that maybe he was

24 frustrated? Is that the --

25 Q. (BY MR. WHITEHURST) Yes. Yes.

APP 181

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 183 of 243 PageID 914
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

78

1 A. Yes.

2 Q. And that recommendation was based on

3 Ms. Hooper's complaint, Mr. Walters' statements, the

4 statements of those two other individuals. You said

5 you watched the video. Was there anything else that

6 you took into account when making that termination

7 recommendation?

8 A. No. Just the -- the video and the

9 statements, that's all I took into account to make my

10 recommendation.

11 Q. And I know it's been a while since you've

12 seen the video, but what do you remember it showing?

13 A. I recall that Mr. Walters walked in front of

14 or almost got -- you know, got close to -- you know,

15 almost face-to-face, with Ms. Hooper. And I believe I

16 recall him wagging his finger at her, Ms. Hooper. And

17 I do recall him, you know, grabbing her by the jacket,

18 grabbing Ms. Hooper by the jacket.

19 Q. And you couldn't hear anything that was

20 said.

21 A. No. There's no audio, so.

22 Q. Based on what you saw in that video, did it

23 appear to you to be a friendly or joking conversation?

24 A. No, it did not.

25 Q. What was your impression of the tone of that

APP 182

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 184 of 243 PageID 915
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

99

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE NORTHERN DISTRICT OF TEXAS

2 DALLAS DIVISION

3 JASON WALTERS )

 )

4 vs. ) CIVIL ACTION

 ) 3:22-cv-01840-C

5 ) JURY REQUESTED

EXEL, INC. D/B/A )

6 DHL SUPPLY CHAIN )

7 REPORTER'S CERTIFICATE

 ORAL DEPOSITION OF MICKEY MOZA

8 TUESDAY, JUNE 27, 2023

9 I, MARIBEL TORRES, a Certified Shorthand Reporter

10 of the State of Texas, do hereby certify that the

11 foregoing proceedings were taken before me at the time

12 and place herein set forth; that any witness in the

13 foregoing proceedings, prior to testifying, was

14 administered an oath; that a record of the proceedings

15 was made by me using machine shorthand, which was

16 thereafter transcribed by me or under my direction;

17 that the foregoing transcript is a true record of the

18 testimony given.

19 I further certify that if the foregoing pertains

20 to the original transcript, that before the completion

21 of the proceedings, review of the transcript [ ] was

22 waived [ ] was not requested, [X] was requested.

23 I further certify I am neither financially

24 interested in the action nor a relative or employee of

25 any attorney or any party to this action.

APP 183

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 185 of 243 PageID 916
MICKEY MOZA - 6/27/2023

(877) 790-3376 FAX (877) 790-3377

LEIGH & ASSOCIATES COURT REPORTING AND VIDEO

100

1 IN WITNESS WHEREOF, I have this date, July 18,

2 2023, subscribed my name.

3

4

 _________________________________

5 Maribel Torres

 Texas Certified Stenographer #8597

6 Expiration Date: 10/31/2023

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

APP 184

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 186 of 243 PageID 917
DECLARATION OF ANTONIO JUAREZ PAGE 1 

FP 49622926.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

JASON WALTERS, 

Plaintiff, 

v. 

EXEL, INC. D/B/A DHL SUPPLY CHAIN, 

Defendant. 

§

§

§

§

§

§

§

§

§ 

 CIVIL ACTION NO. 3:22-cv-01840-K 

DECLARATION OF ANTONIO JUAREZ 

STATE OF TEXAS § 

 § 

COUNTY OF TARRANT § 

I, Antonio Juarez , declare under the penalty of perjury the following: 

1. My name is Antonio Juarez I am over the age of eighteen years, of sound mind, 

and am capable of making this declaration. I have personal knowledge of the facts stated herein 

and know them to be true and correct. 

2. Defendant in this lawsuit, Exel, Inc. d/b/a DHL Supply Chain Exel , is a global 

leader in supply chain management, providing customer-focused solutions to a wide range of 

manufacturing and retail industries. 

3. I have been employed by Exel since August 2009. My current position is HR 

Director. 

4. In my role as HR Director, as part of my responsibilities, I have gained familiarity 

with general Exel operations as well as the policies and procedures that Exel implements as part 

of its business, especially as they relate to Exel employees. As part of my job duties, I have also 

APP 185

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 187 of 243 PageID 918
DECLARATION OF ANTONIO JUAREZ PAGE 2 

FP 49622926.1 

duties, I have access to and reviewed personnel records and data maintained by Exel in the regular 

course of business. 

5. Through my position, I know that all of the attached 23 pages of documents are true 

conducted activity. It was the regular course of that business for an employee or representative of 

the business with knowledge of the act, event, condition, or opinion recorded to make the records 

or to transmit information thereof to be included in such records. The records were made at or 

near the time of the act, event, condition, or opinion recorded, or reasonably soon thereafter. 

6. Through my position, I know that the attached video (Bates EXEL_00118) is a true 

conducted activity. It was the regular course of that business for an employee or representative of 

the business with knowledge of the act, event, condition, or opinion recorded to make the record 

or to transmit information thereof to be included in such record. The record was made at or near 

the time of the act, event, condition, or opinion recorded, or reasonably soon thereafter. 

7. Employee JA1, Employee No. 185446 was 44 years old at the time of termination 

on or about May 27, 2020. 

8. ate of birth is December 22, 1972. At the time 

of his termination on March 16, 2022, Plaintiff was 49 years old. 

9. December 3, 1980. He was 

41 022. His hire date with Exel was 

November 26, 2012. 

1

 Initials of non-party employees are used for privacy. 

APP 186

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 188 of 243 PageID 919
DECLARATION OF ANTONIO JUAREZ PAGE 3 

FP 49622926.1

10.

Operations Supervisors (including Plaintiff) over the age of 40, six of whom were age 50 or older. 

I declare under penalty of perjury that the foregoing is true and correct. 

EXECUTED on February 1 , 2024 

Antonio Juarez

APP 187

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 189 of 243 PageID 920
APP 188

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 190 of 243 PageID 921
The above statements are intended to describe the general nature and level of work being performed by people assigned to 

this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so 

classified. Management maintains the right to assign or reassign duties and responsibilities to this job at any time. 

Rev. 06/08

 Role Profile 

Role Title: SUPERVISORS.Operations Supervisor Job Code: 7005

Location: Varies FLSA Status: Exempt 

Created By/Date: Human Resources – September 2011 Job Family: GENOPS 

Revised By/Date: Compensation – May 2020 Job Function: Logistics 

Reports to (Title): Supervises (Titles):

OM/GM Hourly Associates 

Role Purpose / Position Summary

Supervises the daily and weekly activities that occur within assigned area of the location/operation; 

provides leadership, motivation, training, and development of workforce; executes against customer/site 

requirements; participates in continuous improvement activities as part of the site management team and 

ensures company policies are followed and site develops positive work culture 

Key Accountabilities / Primary Duties & Responsibilities

Associate Interaction (70% time) – Example activities include Associate Development, one on one 

coaching, walking throughout work area during assigned shift, conflict resolution among associates, 

associate group meetings and training. Specifically: 

- Direct the necessary daily activity to ensure a safe, secure, clean and fair work environment for 

associates. 

- Deliver associate orientation, training, performance reviews, and/or development as appropriate 

- Participate in the management of turnover among hourly staff consistent with the site turnover 

objectives. 

- Ensure the associates have proper access to the necessary tools to perform their assigned duties and 

that the tools are routinely inspected and maintained. 

First Choice / Process Improvement (10% time) – Example activities include action planning with client, 

project planning follow-up, space planning, turnover review and workshop participation. Specifically: 

- Organize and lead the focus on improved productivity levels in a manner that first stresses effectiveness 

by improving processes and secondly stresses the efficiency of associate work. 

- Collaborate with the regional sites to share in safety, labor sharing, and best practice initiatives. 

- Participate in the completion of workshop action plans, projects and best practice 

sharing/implementation.

Planning (5% time) - Example activities include manpower planning, equipment maintenance, work flow 

prioritization and daily scheduling. Specifically: 

- Plan, manage, and adjust the daily workload and staffing to minimize the unplanned overtime. 

- Ensure shift/daily/weekly workload planning and volume forecasting routines are accomplished (i.e., 

staffing, equipment, space). 

Human Resources (5% time) - Example activities include identifying labor needs, interviews and 

recruiting activities, implementing training, and coaching / counseling for improved performance. 

Specifically: 

- Ensure company policies are communicated, applied, and enforced (i.e., safety, accounting, operational, 

regulatory, and administrative). 

- Maximizes quality and productivity by understanding job standards for each function, and evaluating 

performance variances in order to identify root cause and corrective action. 

Communications (5% time) - Example activities include staff meetings, customer interactions, 

vendor/service provider interactions, and internal communications with peers, staff and internal business 

unit departments. Specifically: 

- Effectively communicate work task Standard Operating Procedures, convey key information during preshift meetings and ensure appropriate shift hand-offs. 

- Provide a professional environment with relation to external customers and vendors such as drivers, 

dispatchers, and customer representatives. 

EXEL_000020APP 189

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 191 of 243 PageID 922
The above statements are intended to describe the general nature and level of work being performed by people assigned to 

this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so 

classified. Management maintains the right to assign or reassign duties and responsibilities to this job at any time. 

Rev. 06/08

Reporting (5% time) - Example activities include Key Performance Indicator tracking, quality reports, 

audits, financial reporting, material handling equipment reports, site or individual performance tracking and 

customer required reports. Specifically: 

- Execute daily customer / vendor contract requirements and identify accessorial activity (work outside 

commercial contracts) and ensure necessary documentation. 

- Ensure inventory integrity by timely and accurate receiving, picking, shipping, and inventory 

management. 

- Participate in the collection of performance measurements consistent with customer, vendor, and site 

requirements. 

People Management Responsibilities 

[Refer to DSC Experience NA for additional information]

Recruitment and Selection: determine labor needs; understand and use the Company’s interviewing 

process and tools; implement on boarding (Passport orientation, etc.). 

Managing & Rewarding Performance: set clear performance expectations (Passport, Performance 

Management Process); provide regular feedback and reviews; resolve team conflicts; encourage a positive 

and safe environment, use coaching and corrective action for underperformance; understand and use 

voluntary/involuntary termination processes. 

Training & Development: understand and coach others on processes, tools and standards (SOP’s); ensure 

training requirements are met; identify and address skill gaps; discuss career interests. 

Communicate & Engagement: communicate site, company, and other pertinent information to team (pre 

shift, one on one, etc.); share customer and Exel information on regular basis. 

Scope of Responsibility

Resources (e.g., budget, staff, etc.): Manager completes this section.

Decision Making Authority:

- In accordance with the approved level of authority as assigned by company policy (i.e., procurement, 

staffing adjustments, deployment). 

- Customer / vendor requests are limited to the contract restrictions and agreed budget. 

- To approve overtime and staffing specifically related to the completion of the daily workload. 

Key Relationships (External & Internal) Focus (Nature of interaction)

Internal Applies to all Internal 

General Manager Development and execution of the shift/daily/weekly 

plans. 

Operations Manager Workload planning, staffing, volume 

Supervisors Shift hand-offs, status updates, work priorities 

Group Leader Resource deployment to complete required tasks 

Direct Reports See People Management Responsibilities above 

Customer Services Assist in addressing customer inquires, investigate / 

resolve issues, order status, etc. 

Administrative assistant Approve payroll hours and address payroll / 

attendance issues 

External Applies to all External 

Customer representatives Service Performance 

Vendors Customer/vendor visits 

Auditors (regulatory / governmental) Regulatory / governmental compliance 

Carriers Orders released timely 

EXEL_000021APP 190

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 192 of 243 PageID 923
The above statements are intended to describe the general nature and level of work being performed by people assigned to 

this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so 

classified. Management maintains the right to assign or reassign duties and responsibilities to this job at any time. 

Rev. 06/08

Performance Indicators (What criteria will be used to assess performance)

- Operational performance metrics such as: on-time shipping, on-time receipt, order accuracy, inventory 

accuracy, % overtime, safety incident rate and other items as identified by the site / customer 

scorecard – (to be defined in detail by the operations performance team) 

- Compliance of objectives established with Performance Management Process (PMP) 

Qualifications / Capability Profile

Minimum Education Essential? Desirable? 

- Bachelor’s degree or equivalent experience X 

Minimum Experience Essential? Desirable?

- Operations background X 

- 1-2 years logistics industry experience X 

- 0-3 years experience in lead/supervisor/management role X 

Minimum Knowledge/Skills / Abilities Essential? Desirable? 

- Meets corporate competency model requirements X 

- Objective setting X 

- Organizational skills X 

- Staff management X 

- Workload planning X 

- Preventative maintenance routines X 

- Facility management (i.e., maintenance, sanitation, etc.) X 

- Interviewing skills X 

- Communication skills X 

- People skills X 

- Fluency in English X 

Travel Requirements None (0%) Minimal (0-10%) Occasional (10-25%) Frequent (> 25%)

National Travel X 

International Travel X 

Approvals

Name Title Signature Date 

Appointing Manager 

Name 

 

Designated HR 

Representative Name 

 

Manager of Appointing 

Manager Name 

 

 

EXEL_000022APP 191

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 193 of 243 PageID 924
To whom it may concern: 

On March 10, 2022 after our pre-shift meeting Jason 

Walters called another meeting with the associates (DHL) 

that was late. During that meeting, he told us that we are 

to be there on time at 6 am. | ,Evaite, told Jason why | was 

late. Jason felt like | disrespected him and told me that we 

would have a meeting when he let us out that meeting. He 

told me “that | called him out in front of the other 

associates.” If we need to have a meeting about us being 

late, shouldn't that meeting be held with all the associates 

in a corporate setting? | repeated my reason for being late, 

he pulled my coat and told me “to calm down before he 

puts me in a choke hold.” | have the right as an associate 

to voice my opinion and a right to defend myself in a 

respectful manner. | wasn't irate, trying to cause a scene 

or using foul language. If a supervisor is trying to make an 

example out of someone, take the problem up with that 

associate. After everything is said and done, Jason goes 

and tells Shaquel Wells and Tenisha Thomas what he said 

to me. | feel threatened and violated. | feel like | need to 

go and get a lawyer, so that | can be protected being in the 

same workspace with him. This man has been on trial for 

murder, though he was found not guilty. Jason has been 

heard saying “that you can get off if you have money.” This 

is common knowledge to the associates.

EXEL_00114 APP 192

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 194 of 243 PageID 925
| take all these things to heart because | have been in an 

abusive relationship. This is not a joking matter to me and 

if he thinks it is, it's not. You can't say things like that or put 

your hand on someone's person. | don't feel comfortable 

working under him anymore. He has pulled his last straw 

with me. | try my best to get to work on time after | drop 

my grandson off at daycare. Daycare doesn't open until 

6am. | can't leave him on the sidewalk and tell him to stay 

there until someone shows up. | had taken my situation up 

with Eartis and John last year. 

DeNeill Hooper 

3/10/2022 

9:30 am 

 

EXEL_00115 APP 193

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 195 of 243 PageID 926
 

COMPLAINANT /WITNESS STATEMENT FORM 

Site Name: |: 

Investigation Topic: 

|] Complainant [1 witness [1] Alleged Violator 

 

Explain specifically what happened. Provide as much detailed information as possible, 

and attach a separate sheet if necessary. 

Include the following information in your statement, to the best of your ability: 

+ Date and time of occurrence(s) 

Parties involved 

Where the occurrence(s) took place 

Possible witnesses 

Frequency of occurrence(s) 

Add the specific details 

 

of the statement here 

< : 4 boned 

 

 

 

EXEL_00116 APP 194

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 196 of 243 PageID 927
 

COMPLAINANT/WITNESS STATEMENT FORM 

Site Name: Date: 3/ 0lz2 

Investigation Topic: 

[[] Complainant [] Witness [] Alleged Violator 

Explain specifically what happened. Provide as much detailed information as possible, 

and attach a separate sheet if necessary. 

Include the following information in your statement, to the best of your ability: 

Date and time of occurrence(s) 

Parties involved 

Where the occurrence(s) took place 

Possible witnesses. 

® & Frequency of occurrence(s) oo oo 

Add the specific details of the statement here 

Neound ly 30 SaSon pa On Wes ney to Lront 

A Shop Wom 4 to 1d hi Vv noude ne ede dK NEE AN (L Yonge 

Sond he was Sav NG os CH rng LTR oo 

Lov ney Moun 8 ne = I hen A NOY ao Ly SN ott 

Ww Ve fue WIAD he 50 4 he Bk \¢ Fea he “2 

 

 wi Uo S b ogo "ey oN RS WS "dh én he SE 3 

bur I Aon eo wo hows he send iF A Q —- 

ou ¢ Cua A COTS Xe AR Ce wh £n h e 4 on |e dd | 

Ae her pudside of Pre Shot 

 

 

 

EXEL_00117 APP 195

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 197 of 243 PageID 928
EXEL_00120 APP 196

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 198 of 243 PageID 929
POLICIES & PROCEDURES

510.3A GENERAL WORK

AND SAFETY RULES

FOR INTERNAL USE ONLY | POLICY DATE: 04-2019

PURPOSE

DHL Supply Chain will not tolerate associate behavior that is offensive or harmful to the health,

safety or morale of other associates, or to the interests of the organization or its customers.

DHL Supply Chain communicates its stand in this area by developing policies to describe the

kinds of behavior that are unacceptable and the rights and responsibilities of all parties.

SCOPE

This policy applies to all DHL Supply Chain associates and sites in the United States and

Canada, as well as visitors and others performing work at a DHL Supply Chain location. It

includes expectations for behavior, as well as the consequences for when those expectations

are not met. It also includes references to key related policies.

POLICY AND PROCEDURE

1. RESPONSIBILITIES

1.1

1.2

1.3

1.4

It is management’s responsibility to establish and enforce the General Work Rules

and Safety Rules to maintain a safe and positive workplace.

It is management’s responsibility to perform a complete and thorough investigation

of a situation prior to enforcing disciplinary action.

It is the associate’s responsibility to adhere to the guidelines, procedures and rules

established by management. Associates are encouraged to speak with their manager

or supervisor when clarification is needed.

Any associate who believes they have been unjustly accused of violating company

policy may appeal, either orally or in writing, at any stage in the proceedings.

Associates should referto the Associate Concern Resolution Process for guidelines

on addressing such issues.

2. ACKNOWLEDGEMENTS AND DOCUMENTATION OF GENERAL WORK AND SAFETY RULES

AND VIOLATIONS

2.1

2.2

2.3

A copy of the General Work and Safety Rules is available at each DHL Supply Chain

operation and a copy will be given to each associate during their new hire orientation.

The Work and Safety Rules supplement this policy as Policies 510.3B and 510.3C.

Associates are asked to sign an Associate Acknowledgement Form to ensure

receipt and understanding of both the General Work Rules and Safety Rules during

orientation. Signed acknowledgements are filed in associates’ personnel files at the

operation.

General Work and Safety Rules violations are categorized as Class One and Class Two

violations;

2.3.1 Class One rule violations are subject to the 4-step progressive corrective

action processes defined in Policy 210.5 Corrective Action.

2.3.1.1 Review of First and Second Written Notifications must be

done by first-level supervision and next-level management.

Signatures on Firstand Second Written Notifications

are required from first-level supervision and next-level

management.

EXEL_00142 APP 197

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 199 of 243 PageID 930
■W

IS POLICIES & PROCEDURES

510.3A GENERAL WORK AND SAFETY RULES (CONTINUED) I

I

I

2.3.1.2 Review of Final Written Notifications and Terminations must

be done by first-level supervision, next-level management,

senior site/department manager, director and local HR

representative. Signatures on Final Written Notifications and

Terminations are required from first-level supervision, nextlevel management, senior site/department managerand

local HR representative.

2.3.2 A Class Two rule violation is considered gross misconduct and is grounds for

termination of employment.

2.4 The Work and Safety Rules are provided in the attached documents and are intended to

3.

show the types of conduct and performance problems for which the progressive corrective

action system is normally applied. In addition to the published rules, supplemental

regulations and customer requirements may be added at different DHL Supply Chain

operations as deemed necessary by site management.

ADMINISTRATION OF RULES VIOLATIONS

3.1 Progressive corrective action is administered within three types of violations:

3.1.1

3.1.2

3.1.3

Work and Safety Rules as listed in the attached documents (Policies

510.3B and 510.3C).

Performance and Productivity rules as listed in the attached document

(Policy 510.3B).

Attendance requirements as outlined in S20.1 Attendance and

Punctuality (US) and Attendance Policy (CAN).

|i

I

I.'

'J1l

'I

!

!'1 !

3.2 Corrective Action levels reached will remain in place for 12 months from date

assessed and determine the next step in the progressive corrective action process.

Final Written Notifications will remain relevant for 12 months from the date of issue

unless otherwise indicated on the corrective action document.

iT

1,11

ii'

I

fi:

I,!

T

'f

'J

I

I,"

I

If;

St;

EXEL_00143 APP 198

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 200 of 243 PageID 931
POLICIES & PROCEDURES

510.3B GENERAL WORK RULES (CONTINUED) w

I

I

(

I

PERFORMANCE AND PRODUCTIVITY RULE VIOLATIONS

B.

1) Poor work performance and/or failure to follow proper procedures.

a. Failure to meet productivity standards.

b. Failure to meet established quality standards.

Class Two rule violations are extremely important. Due to the serious nature of these rules,

violation is considered gross misconduct and is grounds for termination of employment on

I

(

the first occurrence.

WORK RULE VIOLATIONS

(

i

I

I

I 1) I

2)

3)

4)

5)

6)

7)

Dishonesty of any kind, including, but not limited to, falsifying employment data,

reports, timecards, or time records. This includes knowingly punching another’s

timecard.

Threatening or inflicting bodily harm on a co-worker, supervisor, manager or customer.

Theft of another associate’s property, company property, customer property, or

government property; or contributing to the theft of any property. Offenders may be

prosecuted.

Sabotage, tampering with, or deliberate destruction of any associate, company,

customer or vendor property. Offenders may be prosecuted.

Conviction of a serious felony that closely relates to the nature of the position held.

The company reserves the right to inquire about additional circumstances to make an

individualized assessment.

Possession of firearms, explosives or other weapons on company premises, unless

specifically authorized pursuant to law.

Possession of, unauthorized use of, sale or distribution of, or being under the

influence of intoxicating beverages, unauthorized prescriptions or illegal drugs

I,

I'

1

I

I

(

i

I

B

while on company property or in company vehicles; testing positive for illegal

drugs, or being under the influence of intoxicating beverages during working

time. See Policy 220.9 Drug- and Alcohol-Free Workplace (US) for specific

information regarding these restrictions.

8)

9)

10)

Failure to report and adhere to any work restrictions that may limit one’s ability to

perform expected duties. This is inclusive of the use of prescription drugs or over-thecounter medications that could impact job performance. See Policy 220.9 Drug- and

Alcohol-Free Workplace (US) for additional information.

Misuse of Leave of Absence, using for purposes or reasons other than designated in

application for Leave ofAbsence, illness or disability per Leave of Absence Policies.

Unauthorized communication of confidential information.

I

11) Sleeping on the job during working hours.

12) Failure to report for a scheduled company physical examination or drug screen, or the

submission of an altered specimen during a drug test.

13) The malicious use of obscene, profane or abusive language and/or hand or body

gestures toward fellow associates, vendors, customers or managers,

14) Acts of insubordination or refusal to perform work assignments or follow direct

instructions as directed by management,

15) Off-duty misconduct that impairs the essential basis for trust in the associate’s honesty

and safety.

I;

J

I

I

!■

il il

EXEL_00145 APP 199

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 201 of 243 PageID 932
POLICIES & PROCEDURES

510.3B GENERAL WORK RULES (CONTINUED)

tea

16)

17)

18)

19)

20)

21)

Workplace harassment as defined by Policy 220.10 and Policy 230.1 Workplace

Harassment.

Unauthorized entering or leaving company premises.

Endangering others by recklessness or horseplay.

Intentionally neglecting job duties or responsibilities.

Intentional restriction or delay of production or inciting others to do the same.

The use of a camera, video recorder, or audio recorder by an associate, (inclusive

of those hidden/undisclosed photographic, video or voice recording capabilities on

phones or similar devices) on Company property without the consent and approval

from Human Resources Director and Legal.

EXEL_00146 APP 200

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 202 of 243 PageID 933
POLICIES & PROCEDURES

520.5 WORKPLACE

VIOLENCE PREVENTION

FOR INTERNAL USE ONLY | POLICY DATE: 04-2015

PURPOSE

DHL Supply Chain is committed to maintaining a workplace that is free from violence or threat

of violence. Threats, threatening behavior, or acts of violence against associates, visitors,

guests, or other individuals by anyone on Company property, customer’s property or other

locations associated with the workplace will not be tolerated. Violations of this policy will lead to

disciplinary action up to and including termination of employment.

POLICY AND PROCEDURE

Examples of behaviors and situations deemed workplace violence include, but are not limited

to, the following;

• Actual or threatened physical contact (e.g. fights, pushing, intimidation)

• Direct, indirect or veiled threats

• Verbal threats, including, abusive, intimidating or harassing behavior

• Possession of a weapon on Company property or a job site, unless specifically authorized

pursuant to law. (A weapon is defined as any firearm, explosive device, knife or other

weapon specifically designed or intended to be used to inflict physical harm)

• Malicious acts of destruction or sabotage against Company property, customer property

or another’s personal property

• Stalking

• Violation of a restraining order, temporary protection order or permanent protection order

• Threats of suicide

i!

ii

i

Any person who makes threats, exhibits physically threatening behavior or engages in violent

acts on Company property will be removed from the premises as quickly as safety permits

and shall remain off Company premises pending the outcome of an investigation. No existing

Company policy, practice or procedure should be construed to prohibit decisions or actions

designed to prevent a threat from being carried out, a violent act from occurring ora life

threatening situation from developing.

i!

I

All Company associates are responsible for immediately notifying management of any threats,

threatening behavior or acts of violence, which they have witnessed, received or have been told

that another person has witnessed or received. Even without an actual threat, associates should

also report any behavior they have witnessed that they regard as threatening, intimidating

or violent. Associates are responsible for making this report regardless of the relationship

between the individual who initiated the threat or threatening behavior and the person or

persons who were threatened or were the focus of the threatening behavior. There will be

no retaliation against an associate who, in good faith, reports or complains about a threat,

intimidation or violence. Reports will be investigated promptly and, if warranted, actions taken.

J

Please reference the documents outlining procedures on handling a bomb threat as well as a

situation involving an active shooter. These documents are posted on Experience North America

as supplements to this policy.

IMPORTANT NOTICE: Reporting incidents of workplace violence to the company is not a

replacement for calling 911 for emergencies. For emergencies and/or incidents presenting

perceived imminent danger you should immediately call 911 orthe local authorities.

EXEL_00183 APP 201

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 203 of 243 PageID 934
POLICIES & PROCEDURES

520.5 WORKPLACE VIOLENCE PREVENTION (CONTINUED)

Site managers are responsible for ensuring that a copy of this policy is available in the site’s

Policies & Procedures binder, and that the related CEO Letter Workplace Violence Prevention is

posted in an area accessible by all associates.

For those situations where you may want to report threats, threatening behavior or acts of

violence separate from your chain of command or Associate Concern Resolution Process, you

should use the NEAR hotline at 1-866-678-6327.

Any associate obtaining a protective or restraining order from a court or other governmental

authority listing the Company as a location that is protected, must provide to the responsible site

management representative, a copy of the temporary protective or restraining order that was

granted ora copy of any protective or restraining order that is made permanent.

EXEL_00184 APP 202

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 204 of 243 PageID 935
EXEL_00361 APP 203

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 205 of 243 PageID 936
EXEL_00362 APP 204

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 206 of 243 PageID 937
EXEL_00363 APP 205

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 207 of 243 PageID 938
EXEL_001575 APP 206

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 208 of 243 PageID 939
EXEL_001576 APP 207

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 209 of 243 PageID 940
EXEL_001577 APP 208

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 210 of 243 PageID 941
EXEL_001578 APP 209

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 211 of 243 PageID 942
EXEL_001579 APP 210

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 212 of 243 PageID 943
2

  

Couple things needed for the statement.

  

 Telling the associate to calm down before you put them in a choke hold

 Pulling this associates jacket.

  

Need to know if this happened or not and if so why.

  

Eartis Shaw

Operations Manager

DHL Supply Chain c/o The Goodyear Tire & Rubber Company

1500 Akron Way

Forney, TX 75126

Mobile: 972‐877‐9732

Office: 972‐703‐6052

  

EXEL_001580 APP 211

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 213 of 243 PageID 944
DECLARATION OF ANTONIO JUAREZ 

—ATTACHMENT— 

VIDEO 

EXEL_00118 

(Flash Drive) 

APP 212

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 214 of 243 PageID 945
FP 49631490.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

JASON WALTERS, 

Plaintiff, 

v. 

EXEL, INC. D/B/A DHL SUPPLY CHAIN, 

Defendant. 

§

§

§

§

§

§

§

§

§ 

 CIVIL ACTION NO. 3:22-cv-01840-K 

DECLARATION OF BRUCE GILLIS 

STATE OF KENTUCKY § 

 § 

COUNTY OF JEFFERSON § 

I, Bruce Gillis, declare under the penalty of perjury the following: 

1. My name is Bruce Gillis. I am over the age of eighteen years, of sound mind, and 

am capable of making this declaration. I have personal knowledge of the facts stated herein and 

know them to be true and correct. 

2. I have been employed by Businessolver.com, Inc. (“Businessolver”) since 

December 11, 2017. My current position is Head of Compliance. 

3. In my role as Head of Compliance, as part of my responsibilities, I have gained 

familiarity with general Businessolver’s COBRA operations as well as the policies and procedures 

that Businessolver implements as part of its business. As part of my job duties, I have access to 

and reviewed records and data maintained by Businessolver in the regular course of business, and 

specifically on behalf of Defendant and its member, Plaintiff Jason Walters. 

APP 213

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 215 of 243 PageID 946
FP 49631490.1 

4. Businessolver is the COBRA Administrator and Benefits Administration software 

provider for Defendant Exel, Inc. d/b/a DHL Supply Chain (“Exel”). Businessolver administers 

the employee benefits, including COBRA, on behalf of and at the direction of Exel. 

5. Through my position, I know that all of the attached documents are true and correct 

copies of Businessolver’s business records made and kept in the course of Businessolver’s 

regularly conducted activity regarding its COBRA administration. It was the regular course of that 

business for an employee or representative of the business with knowledge of the act, event, 

condition, or opinion recorded to make the record or to transmit information thereof to be included 

in such record. The record was made at or near the time of the act, event, condition, or opinion 

recorded, or reasonably soon thereafter. 

6. On or about March 22, 2022, Exel notified Businessolver regarding Plaintiff’s 

termination of employment. 

7. On or about March 22, 2022, Businessolver sent Plaintiff the required COBRA 

information on behalf of Defendant regarding the continuation of Plaintiff’s health care coverage 

and other health care options at his last known address, 142 County Road 2437, Mineola, Texas 

75773. Exhibit A attached is a true and correct copy of the COBRA Qualifying Event Notice / 

Election Form sent to Plaintiff. 

8. On or about March 21, 2022, Plaintiff contacted Businessolver regarding his 

benefits. The matter was resolved on the same day. 

9. Exhibit B attached is a screenshot of the Businessolver Benefits Administration 

system, showing the COBRA Qualifying Event Notice/Election Notice printed and sent to the 

participant on or about March 22, 2022. 

// 

APP 214

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 216 of 243 PageID 947
FP 49631490.1 

I declare under penalty of perjury that the foregoing is true and correct. 

EXECUTED on February 15, 2024. 

 

 Bruce Gillis 

APP 215

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 217 of 243 PageID 948
Be Secure (c/o Businessolver, Inc.)

1025 Ashworth Road

West Des Moines, IA 50265

Jason Walters and Family

142 COUNTY ROAD 2437

MINEOLA, TX,75773

Notice Date: March 22, 2022

IMPORTANT – COBRA CONTINUATION COVERAGE & OTHER HEALTH COVERAGE ALTERNATIVES

You’re getting this notice because you recently lost coverage under Be Secure group health plan (“the Plan”). This notice has important

information about your right to COBRA continuation coverage, which is a temporary extension of coverage under the Plan. Please read

the information in this notice very carefully before you make your decision.

This notice has important information about your right to continue your health care coverage under the Plan, as well as other health

coverage options that may be available to you, including coverage through Medicaid or the Health Insurance Marketplace. To sign up

for Marketplace coverage, visit www.HealthCare.gov or call 1-800-318-2596 (TTY: 1-855-889-4325). People in most states use

www.HealthCare.gov to apply for and enroll in health coverage; if your state has its own Marketplace platform, you can find contact

information here: www.HealthCare.gov/marketplace-in-your-state/.

Please read the information in this notice very carefully before you make your decision. If you choose to elect COBRA continuation

coverage, you should enroll online atxwww.YourBenefitLink.comxor use the Election Form provided later in this notice.

IT TAKES JUST THREE EASY STEPS TO REVIEW AND ENROLL IN YOUR COBRA COVERAGE OPTIONS ONLINE:

1. Go to www.YourBenefitLink.com and log in with your username and password. If you don’t know them, select Register

then provide your company key (besecure), your Social Security Number and your Date of Birth.

2. Review and make your COBRA elections. The online enrollment process makes it easy to select the coverage you’re

eligible for.

3. Choose the payment method you want.

a. Pay Online – Provide your preferred payment method and account information. You can set up automatic monthly

payments and avoid the usual $2.00 monthly convenience fee.

b. Pay by Check – Make your check payable to Be Secure.

Please note, if you are electing COBRA as a dependent of a former employee who is not also electing COBRA or due to dependent

qualifying event (such as a divorce or child reaching maximum age), you cannot enroll online. You will need to return the paper election

form found in this package. Once enrolled, you will be able to login to www.YourBenefitLink.com and create your online account.

Coverage provided by Be Secure to you and/or your covered dependent(s) ends on 03/16/2022 due to the qualifying event marked

below:

QUALIFYING EVENT

Employment Termination

COBRA EFFECTIVE DATE

03/17/2022

DURATION OF COVERAGE

18 months

Only members covered at the time of Qualifying Event are eligible for continuation. The following Qualified Beneficiaries are eligible to

continue coverage under COBRA:

JASON WALTERS

WALTERS

WALTERS

WALTERS

Para ver el texto de este aviso en español, visite:

https://www.dol.gov/sites/dolgov/files/EBSA/laws-and-regulations/laws/cobra/model-election-notice-spanish.docx.

Si tiene preguntas sobre esta información por favor contacte Businessolver, Inc. at 877-411-4455. Los representantes están

disponibles de lunes a viernes durante el horario comercial normal.

GENERAL COBRA INFORMATION

Federal Law requires that most group health plans (including this Plan) give employees and their families the opportunity to continue

221338116

EXHIBIT A APP 216

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 218 of 243 PageID 949
their health care coverage through COBRA continuation coverage when there is a “qualifying event” that would result in a loss of

coverage under the Plan. Depending on the type of qualifying event, “qualified beneficiaries” can include the employee covered under

the group health plan, the covered employee’s spouse, and/or dependent children of the covered employee. COBRA continuation

coverage is the same coverage the Plan gives to active employees. Each qualified beneficiary who elects continuation coverage will

have the same rights under the Plan as other participants or beneficiaries covered under the Plan.

WHAT’S COBRA CONTINUATION COVERAGE?

COBRA continuation coverage is the same coverage that the Plan gives to other participants or beneficiaries who aren’t getting

continuation coverage. Each “qualified beneficiary” (described below) who elects COBRA continuation coverage will have the same

rights under the Plan as other participants or beneficiaries covered under the Plan.

WHO ARE THE QUALIFIED BENEFICIARIES?

Each person (“qualified beneficiary”) listed on the Election Form below can independently elect COBRA continuation coverage. COBRA

continuation coverage is available to all qualified beneficiaries from 03/17/2022 to 09/16/2023 (the end of the maximum period).

Dependents not covered at the time of the qualifying event may be added only during Open Enrollment, if HIPAA special enrollment

applies, or a status change event occurs to establish a right to enroll.

Only one of you needs to elect COBRA continuation coverage for your spouse and dependent child(ren), if any, who wish to continue

coverage. (Please note, a parent or legal guardian (regardless of whether they are a qualified beneficiary) may elect COBRA

continuation coverage on behalf of a minor child, as applicable.) Furthermore, because COBRA gives you the right to elect coverage

independently, you, your spouse or dependent child(ren), if any, may elect single coverage and not include those individuals who do not

wish to continue coverage. However, you may not decline coverage on behalf of your spouse or non-minor child.

Continuation coverage for a qualified beneficiary will be terminated before the end of the maximum period, if:

1. the required premium is not paid in full, on time;

2. after electing continuation coverage, the qualifying beneficiary becomes covered under another group health plan;

3. after electing continuation coverage, the qualified beneficiary becomes entitled to Medicare (under Plan A, Plan B, or both); or

4. the employer ceases to provide any group health plan for its employees.

Continuation coverage may also be terminated for any reason the Plan would terminate coverage of a participant or beneficiary not

receiving continuation coverage (such as fraud).

ARE THERE OTHER COVERAGE OPTIONS BESIDES COBRA CONTINUATION COVERAGE?

Yes. Instead of enrolling in COBRA continuation coverage, there may be other coverage options for you and your family through the

Health Insurance Marketplace, Medicare, or other group health plan coverage options (such as a spouse’s plan) through what is called

a “special enrollment period.” Additionally, you may apply for and, if eligible, enroll in Medicaid at any time. Some of these options may

cost less than COBRA continuation coverage.

You should compare your other coverage options with COBRA continuation coverage and choose the coverage that is best for you. For

example, if you move to other coverage you may pay more out of pocket than you would under COBRA because the new coverage

may impose a new deductible.

When you lose job-based health coverage, it’s important that you choose carefully between COBRA continuation coverage and other

coverage options, because once you’ve made your choice, it can be difficult or impossible to switch to another coverage option until the

next available open enrollment period.

IF I ELECT COBRA CONTINUATION COVERAGE, WHEN WILL MY COVERAGE BEGIN AND HOW LONG WILL COVERAGE

LAST?

If elected, COBRA continuation coverage will begin on 03/17/2022 and can last until 09/16/2023. You may elect any of the options for

COBRA continuation coverage listed within the Election Form below.

Continuation coverage may end before the date noted above in certain circumstances, like failure to pay premiums, fraud, or if you

become covered under another group health plan or entitled to Medicare.

Note, due to the COVID-19 National Emergency, the Department of Labor, the Department of the Treasury, and the Internal Revenue

Service issued a Notice of Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the

COVID–19 Outbreak (“Joint Notice”). This notice provided relief for certain actions related to employee benefit plans required or

permitted under Title I of ERISA and the Code, including the 60-day initial election period for COBRA continuation coverage. The

Department of Labor’s Employee Benefits Security Administration (EBSA) provided further guidance on this relief in EBSA Disaster

Relief Notice 2021-01.

CAN I EXTEND THE LENGTH OF COBRA CONTINUATION COVERAGE?

If you elect continuation coverage, you may be able to extend the length of continuation coverage if a qualified beneficiary is disabled,

or if a second qualifying event occurs. You must notify Businessolver, Inc. of a disability or a second qualifying event within a certain

time period to extend the period of continuation coverage. If you don’t provide notice of a disability or second qualifying event within the

required time period, you will lose your right to extend the period of continuation coverage.

For more information about extending the length of COBRA Continuation coverage visit

https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/publications/an-employees-guide-to221338116

APP 217

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 219 of 243 PageID 950
health-benefits-under-cobra.pdf.

Disability

An 11-month extension of coverage may be available if any of the qualifying beneficiaries are determined by the Social Security

Administration (SSA) to be disabled. The disability has to have started at some time before the 60th day of COBRA continuation

coverage and must last at least until the end of the 18-month period of continuation coverage.

This notice must be mailed to the COBRA Administrator at the address provided in this notice. The notice must be received within 60

days after the latest of:

1. the date of the SSA disability determination;

2. the date on which the qualifying event occurred;

3. the date on which the qualified beneficiary loses (or would lose) coverage under the terms of the Plan as a result of the

covered employee’s termination or reduction of work hours; or

4. the date on which the qualified beneficiary is informed of the obligation to provide the disability notice.

Regardless of the 60-day deadline described above, your notice must be provided no later than 18 months after your COBRA coverage

began or you will not be eligible for a disability extension.

Each qualified beneficiary who has elected continuation coverage will be entitled to the 11-month disability extension. If the qualified

beneficiary is determined by SSA to no longer be disabled, you must notify Businessolver, Inc. of that fact at the address below within

30 days after SSA’s determination. COBRA coverage will terminate (retroactively, if applicable) on the first day of the first month that

begins at least 30 days after the date of the SSA determination that the qualified beneficiary is no longer disabled or the end of the

maximum coverage period that applies to the qualified beneficiary without regard to the disability extension.

Second Qualifying Event

An 18-month extension of coverage may be available to spouses and dependent children who maintain continuation coverage if a

second qualifying event occurs within the first 18-months of continuation coverage. The maximum amount of continuation coverage

available when a second qualifying event occurs is 36 months. Second qualifying events may include the death of a covered employee,

divorce or separation from the covered employee, the covered employee’s becoming entitled to Medicare benefits under Part A, Part B,

or both, or a dependent child’s ceasing to be eligible for coverage as a dependent under the Plan. These events may be second

qualifying events only if they would have caused the qualified beneficiary to lose coverage under the Plan if the first qualifying event

had not occurred. If you want to extend your continuation coverage you must notify Businessolver, Inc. at the address below of the

event within 60 days starting from the latest of: (1) the date on which the qualifying event occurs; (2) the date on which the qualified

beneficiary loses (or would lose) coverage under the Plan as a result of the second qualifying event; or (3) the date on which the

qualified beneficiary is informed, through the furnishing of the SPD or the COBRA general notice, of the responsibility to notify the Plan

of the second qualifying event and the procedures for doing so.

Second Qualifying Event documentation must be mailed to the Businessolver, Inc. at the address provided in this notice.

HOW MUCH DOES COBRA CONTINUATION COVERAGE COST?

Please review the Election Form for details of COBRA continuation cost.

Other coverage options may cost less. If you choose to elect continuation coverage, you don’t have to send any payment with the

Election Form. Additional information about payment will be provided to you after the Election Form is received by the Plan. Important

information about paying your premium can be found in this notice. Please note, premiums are subject to change.

You may be able to get coverage through Medicaid or the Health Insurance Marketplace®. You can learn more about the Marketplace

below.

WHAT IS THE HEALTH INSURANCE MARKETPLACE?

The Marketplace offers “one-stop shopping” to find and compare private individual health insurance options. In the Marketplace, you

could be eligible for a subsidy that lowers your monthly premiums and for cost-sharing reductions (that lower your out-of-pocket costs

for deductibles, coinsurance, and copayments) right away, and you can see what your subsidized premium, deductibles, and

out-of-pocket costs will be before you make a decision to enroll. Through the Marketplace you’ll also learn if you qualify for free or

low-cost coverage from Medicaid or the Children’s Health Insurance Program (CHIP). People in most states use HealthCare.gov to

apply for and enroll in Marketplace coverage; if your state has its own Marketplace platform you can find contact information for your

State Marketplace at the web address below.

Health Insurance Marketplace: https://www.healthcare.gov

State-based Marketplace: https://www.healthcare.gov/marketplace-in-your-state/

Medicaid: https://www.healthcare.gov/do-i-qualify-for-medicaid

Children’s Health Insurance Program (CHIP): https://www.healthcare.gov/are-my-children-eligible-for-chip

Being offered COBRA continuation coverage won’t limit your eligibility for Medicaid. It also won’t limit your eligibility for Marketplace

coverage or for a subsidy through the Marketplace, if you are a former employee of the employer offering the coverage. But you won’t

be eligible for a subsidy or a tax credit during any month that you’re enrolled in COBRA continuation coverage. Therefore, if you want to

use a special enrollment period to enroll in Marketplace coverage with a subsidy or a tax credit, you must end your COBRA

continuation coverage before your Marketplace coverage starts. Coverage through the Health Insurance Marketplace may cost less

than COBRA continuation coverage.

221338116

APP 218

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 220 of 243 PageID 951
If you are currently employed by the employer offering the COBRA continuation coverage with premium assistance, you may enroll in

Marketplace coverage but you may be ineligible for a subsidy or a premium tax credit for the Marketplace coverage for the period you

are offered the COBRA continuation coverage with premium assistance.

WHEN CAN I ENROLL IN MARKETPLACE COVERAGE?

Marketplace-eligible consumers can enroll in Marketplace coverage if they qualify for a special enrollment period. For example,

Marketplace-eligible consumers always have 60 days from the time they lose your job-based coverage to enroll in the Marketplace, or

they can apply up to 60 days beforehand if they know they’ll lose coverage ahead of time. After 60 days your special enrollment

period will end and you may not be able to enroll unless you qualify for another special enrollment period, so you should take

action right away if you want to enroll in Marketplace coverage. In addition, during what is called an “open enrollment” period,

Marketplace-eligible consumers can enroll from November 1 – December 15 in Marketplace coverage that starts on January 1. Finally,

they may apply for and, if eligible, enroll in Medicaid coverage at any time.

To find out more about enrolling in the Marketplace, such as when the next open enrollment period will be and what you need to know

about qualifying events and special enrollment periods, visit www.HealthCare.gov/coverage-outside-open-enrollment/specialenrollment-period/. If your state has its own Marketplace platform, you can find contact information for your State Marketplace here:

https://www.HealthCare.gov/marketplace-in-your-state/. Note, you may apply for and, if eligible, enroll in Medicaid coverage at any

time.

IF I SIGN UP FOR COBRA CONTINUATION COVERAGE, CAN I SWITCH TO COVERAGE IN THE MARKETPLACE? WHAT

ABOUT IF I CHOOSE MARKETPLACE COVERAGE AND WANT TO SWITCH BACK TO COBRA CONTINUATION COVERAGE?

If you sign up for COBRA continuation coverage, you can switch to a Marketplace plan during the annual Marketplace open enrollment

period. You can also choose to end your COBRA continuation coverage early and switch to a Marketplace plan if you have another

qualifying event such as marriage or birth of a child through something called a “special enrollment period.” But be careful though - if

you terminate your COBRA continuation coverage early without another event that qualifies you for special enrollment, you may have to

wait to enroll in Marketplace coverage until the next available open enrollment period, and could end up without any health coverage in

the interim.

Alternatively, once you’ve exhausted your COBRA continuation coverage and the coverage expires, you may be eligible for a special

enrollment period to enroll in Marketplace coverage, even if Marketplace open enrollment has endedand no other qualifying events

apply. For more information on COBRA continuation coverage and the Marketplace, see

www.HealthCare.gov/unemployed/cobra-coverage/.

If you sign up for Marketplace coverage instead of COBRA continuation coverage, you cannot switch to COBRA continuation coverage

under any circumstances once your COBRA election period ends.

CAN I ENROLL IN ANOTHER GROUP HEALTH PLAN?

You may be eligible to enroll in coverage under another group health plan (like a spouse’s plan), if you request enrollment within 30

days of the loss of coverage.

If you or your dependent chooses to elect COBRA continuation coverage instead of enrolling in another group health plan for which

you’re eligible, you’ll have another opportunity to enroll in the other group health plan within 30 days of losing your COBRA continuation

coverage.

CAN I ENROLL IN MEDICARE INSTEAD OF COBRA CONTINUATION COVERAGE AFTER MY GROUP HEALTH PLAN

COVERAGE ENDS?

In general, if you don’t enroll in Medicare Part A or B when you are first eligible because you are still employed, after the Medicare initial

enrollment period, you have an 8-month special enrollment period to sign up for Medicare Part A or B, beginning on the earlier of:

1. The month after your employment ends; or

2. The month after group health plan coverage based on current employment ends.

These rules are different for people with End Stage Renal Disease (ESRD). See

https://www.medicare.gov/sign-up-change-plans/how-do-i-get-parts-a-b/part-a-part-b-sign-up-periods for more information.

If you don’t enroll in Medicare Part B and elect COBRA continuation coverage instead, you may have to pay a Part B lifetime late

enrollment penalty and you may have a gap in coverage if you decide you want Part B later. If you elect COBRA continuation coverage

and later enroll in Medicare Part A or B before the COBRA continuation coverage ends, the Plan may terminate your continuation

coverage. However, if Medicare Part A or B is effective on or before the date of the COBRA election, COBRA coverage may not be

discontinued on account of Medicare entitlement, even if you enroll in the other part of Medicare after the date of the election of COBRA

coverage.

You must notify Businessolver, Inc. in writing within 30 days if, after electing COBRA, a qualified beneficiary becomes entitled to

Medicare (Part A, Part B, or both) or becomes covered under other group health plan coverage. Correspondence can be mailed to your

COBRA Administrator at the address noted in this notice.

COBRA coverage is subject to termination retroactive to the date (after your COBRA election date) when the qualified beneficiary

becomes entitled to Medicare or becomes covered under other group health coverage, regardless of when notice of other coverage is

provided.

221338116

APP 219

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 221 of 243 PageID 952
If you are enrolled in both COBRA continuation coverage and Medicare, Medicare will generally pay first (primary payer) and COBRA

continuation coverage will pay second. Certain plans may pay as if secondary to Medicare, even if you are not enrolled in Medicare. For

more information visit https://www.medicare.gov/medicare-and-you, or, for more specific information regarding the Plan, contact

your Plan Administrator.

WHAT FACTORS SHOULD I CONSIDER WHEN CHOOSING COVERAGE OPTIONS?

When considering your options for health coverage, you may want to think about:

• Premiums: Your previous plan can charge up to 102% of total plan premiums for COBRA coverage (or up to 150% of total

plan premiums after 18 months if you choose to extend the COBRA continuation coverage period beyond 18 months due to

the disability of a qualified beneficiary) Other options, like coverage on a spouse’s plan, Medicaid, or through the Marketplace,

may be less expensive at that point.

• Provider Networks: If you’re currently getting care or treatment for a condition, a change in your health coverage may affect

your access to a particular health care provider. You may want to check to see if your current health care providers participate

in a network and whether you will have access to that network through any other option as you consider options for health

coverage.

• Drug Formularies: If you’re currently taking medication, a change in your health coverage may affect your costs for medication

– and in some cases, your medication may not be covered by another plan. You may want to check to see if your current

medications are listed in drug formularies for other health coverage.

• Severance payments: If you lost your job and got a severance package from your former employer, your former employer may

have offered to pay some or all of your COBRA payments for a period of time. In this scenario, you may want to contact the

Department of Labor at 1-866-444-3272 to discuss your options.

• Service Areas: Some plans limit their benefits to specific service or coverage areas – so if you move to another area of the

country, you may not be able to use your benefits. You may want to see if your plan has a service or coverage area, or other

similar limitations.

• Other Cost-Sharing: In addition to premiums or contributions for health coverage, you probably pay copayments, deductibles,

coinsurance, or other amounts as you use your benefits. You may want to check to see what the cost-sharing requirements

are for other health coverage options. For example, one option may have much lower monthly premiums, but a much higher

deductible and higher copayments. You may also want to consider whether you have met your deductible or maximum

out-of-pocket limit under your COBRA continuation coverage.

FOR MORE INFORMATION

This notice does not fully describe continuation coverage or other rights under the Plan. More information about continuation coverage

and your rights under the Plan is available in the summary plan description or from Benefits Committee c/o DHL Supply Chain (the

“Plan Administrator”).

If you have any questions about the information in this notice or your rights to COBRA continuation coverage, you should contact the

COBRA Administrator:

Be Secure (c/o Businessolver, Inc.)

PO BOX 850512

MINNEAPOLIS, MN 55485-0512

877-411-4455

If you have questions about the Plan or would like to request a copy of the Plan’s summary plan description, you should contact your

Plan Administrator:

Benefits Committee c/o DHL Supply Chain

360 Westar Blvd

Westerville, Ohio 43082

614-865-8500

For more information about your rights under the Employee Retirement Income Security Act (ERISA), including COBRA, the Health

Insurance Portability and Accountability Act (HIPAA), the Patient Protection and Affordable Care Act, and other laws affecting group

health plans, visit the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) website at

https://www.dol.gov/agencies/ebsa, contact them electronically at askebsa.dol.gov, or call their toll-free number at 1-866-444-3272

For more information about health insurance options available through the Health Insurance Marketplace, and to locate an assistor in

your area who you can talk to about the different options, visit www.healthcare.gov.

KEEP YOUR PLAN INFORMED OF ADDRESS CHANGES

In order to protect you and your family’s rights, you should keep the COBRA Administrator informed of any changes in your address

and the addresses of family members. You should also keep a copy, for your records, of any notices you send to the COBRA

Administrator or Plan Administrator.

IMPORTANT INFORMATION ABOUT PAYMENT

First Payment for Continuation Coverage

If you elect COBRA you should pay the total premium due at the time you send in the Election Form in order to complete your

enrollment and continue your coverage. Although you are not required to send any payment with the Election Form, you must make

your first payment for continuation coverage no later than 45 days after the date of your election (this is the date the Election Notice is

postmarked if sent by mail or the date you complete your online enrollment). If you do not make your first payment in full within 45

221338116

APP 220

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 222 of 243 PageID 953
days after the date of your election, you will lose all continuation coverage rights under the Plan. You’re responsible for making

sure that the amount of your first payment is correct. You may contact the COBRA Administrator to confirm the correct amount of your

first payment using the contact information provided within this notice.

IMPORTANT: Your first payment must cover the cost of COBRA coverage from the time your coverage under the Plan would

have otherwise terminated up through the end of the month before the month in which you make your first payment.

For example, Employee A’s employment terminates on September 30th, and they lose coverage on September 30th. Employee A then

elects COBRA coverage on November 15th. The initial premium payment Employee A sends in must include the premium amount for

October and November and is due on or before December 30th, (the 45th day after the postmarked date on the COBRA Election Form.)

Also, please note that Employee A’s December premium is due December 1st and that premium must be postmarked by December 31st

for it to be considered timely.

Due to the COVID-19 National Emergency, the Department of Labor, the Department of the Treasury, and the Internal Revenue

Service issued guidance extending timeframes for certain actions related to health coverage under group health plans sponsored by

private employers. This guidance may give you more time to make COBRA premium payments. For additional information about this

guidance visit: https://www.dol.gov/agencies/ebsa/employers-and-advisers/plan-administration-and-compliance/disaster-relief.

Periodic Payments for Continuation Coverage

After your first payment for COBRA continuation coverage, subsequent payments for continuation coverage are due on the first day of

each month of coverage. The date your payment is made is determined by the postmark on the envelope (e.g. May premiums must be

postmarked on or before May 31, see grace period described below). The amount due is listed on the enclosed Election Form. Please

make a copy of this for your records. The COBRA administrator provides billing periodic notices of payments due, but, as a COBRA

participant, it is your responsibility to remit payments on a timely basis. If you make a periodic payment on or before the first day

of the coverage period to which it applies, your coverage under the Plan will continue for that coverage period without any break.

Checks returned for insufficient funds or checks that otherwise cannot be cashed are considered non-payment of premium

and a replacement premium payment must be received by the end of the 30-day grace period (see the next paragraph) or

coverage will terminate back to the end of the last fully paid period and you will lose all rights to COBRA coverage under the Plan.

You may not be notified that a payment was returned due to insufficient funds until after the end of your grace period and after your

COBRA coverage terminates. Once your COBRA coverage terminates, it will not be reinstated. Therefore, it is your responsibility to

ensure funds are available to cover the required premium and, if a check is returned by the bank, to ensure a replacement check is

submitted within the appropriate timeframe.

Grace Periods for Periodic Payments

Although periodic payments are due on the first of the month, you will be given a grace period of 30 days from the payment due date,

except as previously described regarding your initial payment. You’ll get continuation coverage for each coverage period as long as

payment for that coverage period is made before the end of the grace period. If you pay a period payment later than the first day of

the coverage period to which it applies, but before the end of the grace period for the coverage period, your coverage will be

suspended as of the first day of the coverage period and then retroactively reinstated (going back to the first day of the

coverage period) when the periodic payment is received. This means that any claim you submit for benefits while your

coverage is suspended may be denied and may have to be resubmitted once your coverage is reinstated.

If you fail to make a periodic payment before the end of the grace period for the coverage period, you will lose all rights to continuation

coverage under the Plan.

Your first payment and all periodic payments for continuation coverage should be made payable to Be Secure.

Please mail payments to:

Be Secure (c/o Businessolver, Inc.)

ATTN: COBRA Administration

PO BOX 850512

MINNEAPOLIS, MN 55485-0512

TO CHECK ON PAYMENT AND ACCOUNT STATUS

Go to www.YourBenefitLink.com using your previous log in information. If you previously used a company intranet to log in; please

register using the company key of: besecure. If you have questions, please contact your COBRA Administrator at 877-411-4455.

221338116

APP 221

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 223 of 243 PageID 954
COBRA CONTINUATION COVERAGE ELECTION INSTRUCTIONS

Under federal law, you have 60 days from the date of original notice or the coverage termination date, whichever is later, to elect

COBRA continuation coverage under the Plan, unless you are entitled to additional time under a federal policy or program. For

example, you may be entitled to more time because of a national emergency.

IT TAKES JUST THREE EASY STEPS TO REVIEW AND ENROLL IN YOUR COBRA COVERAGE OPTIONS ONLINE:

1. Go to www.YourBenefitLink.com and log in with your username and password. If you don’t know them, select Register

then provide your company key (besecure), your Social Security Number and your Date of Birth.

2. Review and make your COBRA elections. The online enrollment process makes it easy to select the coverage you’re

eligible for.

3. Choose the payment method you want.

a. Pay Online – Provide your preferred payment method and account information. You can set up automatic monthly

payments and avoid the usual $2.00 monthly convenience fee.

b. Pay by Check – Make your check payable to Be Secure.

Please note, if you are electing COBRA as a dependent of a former employee who is not also electing COBRA or due to dependent

qualifying event (such as a divorce or child reaching maximum age), you cannot enroll online. You will need to return the paper election

form found in this package. Once enrolled, you will be able to login to www.YourBenefitLink.com and create your online account.

If you choose to submit your completed Election Form by mail, it must be postmarked no later than 05/22/2022.

Completing your enrollment online at www.YourBenefitLink.com is the fastest and most secure way to ensure continuation coverage

for you and your family. Requests received by mail can take up to 7-10 days from receipt to complete processing.For elections

submitted by mail, send the completed form to:

Be Secure (c/o Businessolver, Inc.)

ATTN: COBRA Administration

PO BOX 850512

MINNEAPOLIS, MN 55485-0512

If you do not submit a completed Election Form or complete your online enrollment by the due date shown above, you will lose your

right to elect COBRA continuation coverage. If you reject/waive COBRA continuation coverage before the due date, you may change

your mind and revoke your rejection/waiver as long as you complete your enrollment online at www.YourBenefitLink.com or submit a

completed Election Form before the due date. However, if you change your mind after first rejecting COBRA continuation coverage,

your COBRA continuation coverage will begin on the date you submit the completed Election Form.

Your decision whether to elect COBRA continuation coverage will affect your future right to portability of group health coverage,

guaranteed access to individual health coverage and special enrollment. Additional information about such rights is included in your

Plan’s summary plan description.

If you elect to continue coverage, and if you meet all other requirements explained on the enclosed document, your COBRA

continuation coverage will begin on03/17/2022.

You must make your first payment for COBRA coverage no later than 45 days after the postmark date of your election (this is the date

your Election Form is mailed) or completion of your online enrollment. If you do not make your first payment for COBRA coverage in

full within 45 days after the date of your election, you will lose all COBRA rights under the Plan.

IMPORTANT: Your first payment must cover the cost of COBRA coverage from the time your coverage under the Plan would

have otherwise terminated up through the end of the month before the month in which you make your first payment.

Subsequent payments are due on the 1st of the month. If you do not remit the full premium on a timely basis, your coverage may be

terminated. Refer to the PREMIUM PAYMENT INFORMATION section for more information.

221338116

APP 222

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 224 of 243 PageID 955
COBRA CONTINUATION COVERAGE ELECTION FORM

(FOR BSC USE ONLY: Be Secure – mm_num:27031376)

Read the important information about your rights included in this packet before completing your Election Form below.

Your COBRA Continuation elections must be completed and/or postmarked no later than 05/22/2022.

Completing your enrollment online at www.YourBenefitLink.com is the fastest and most secure way to ensure continuation coverage

for you and your family. Elections received by mail can take up to 7-10 days from receipt to complete processing. To enroll by

mail, complete this form and return to the COBRA Administrator at the address provided in the COBRA Continuation Coverage Election

Instructions.

Please note, if you are electing COBRA as a dependent of a former employee who is not also electing COBRA or due to dependent

qualifying event (such as a divorce or child reaching maximum age), you cannot enroll online. You will need to return the paper election

form found in this package. Once enrolled, you will be able to login to www.YourBenefitLink.com and create your online account.

Only members covered at the time of Qualifying Event are eligible for continuation. The following Qualified Beneficiaries are eligible to

continue coverage under COBRA:

PLACE AN “X” BY QUALIFIED

BENEFICIARY TO BE COVERED: QUALIFIED BENEFICIARY SOCIAL SECURITY NUMBER

[ ] JASON WALTERS XXX-XX

[ ] WALTERS XXX-XX

[ ] WALTERS XXX-XX

[ ] WALTERS XXX-XX

I/We elect COBRA continuation coverage as indicated below:

PLACE AN “X” BY COVERAGE SELECTION: MONTHLY COST

Anthem Basic

[ ] Employee Only $ 544.40 /Monthly

[ ] Employee and One Child plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Two Children plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Three Children plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Four Children plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Spouse $ 1,224.89 /Monthly

[ ] Employee and Children $ 1,007.14 /Monthly

[ ] Family $ 2,014.28 /Monthly

Standard Dental

[ ] Employee Only $ 27.45 /Monthly

[ ] Employee and One Child plus Spouse $ 96.09 /Monthly

[ ] Employee and Two Children plus Spouse $ 96.09 /Monthly

[ ] Employee and Three Children plus Spouse $ 96.09 /Monthly

[ ] Employee and Four Children plus Spouse $ 96.09 /Monthly

[ ] Employee and Spouse $ 57.65 /Monthly

[ ] Employee and Children $ 68.62 /Monthly

[ ] Family $ 96.09 /Monthly

VSP-Vision

[ ] Employee Only $ 11.42 /Monthly

[ ] Employee and One Child plus Spouse $ 39.07 /Monthly

[ ] Employee and Two Children plus Spouse $ 39.07 /Monthly

[ ] Employee and Three Children plus Spouse $ 39.07 /Monthly

[ ] Employee and Four Children plus Spouse $ 39.07 /Monthly

[ ] Employee and Spouse $ 22.85 /Monthly

[ ] Employee and Children $ 24.46 /Monthly

[ ] Family $ 39.07 /Monthly

NOTE: If you were enrolled in a Health Care Flexible Spending Account benefit on the day prior to your COBRA Qualifying Event and

you do not see the FSA plan election option above, you may still be eligible to continue your Health Care Flexible Spending Account

through COBRA. This continuation will last through the end of the plan year in which your COBRA Qualifying Event occurred, and your

monthly premium for Health Care FSA continuation will be equal to your annual election minus your year-to-date contributions, divided

over the remaining months of the plan year.

To enroll in Health Care FSA, please contact your COBRA Administrator at 877-411-4455 .

221338116

APP 223

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 225 of 243 PageID 956
As a COBRA Qualified Beneficiary you are being given the opportunity to continue the EAP program through COBRA. If you elect to

take this coverage, your coverage will extend to your COBRA end date or until you explicitly terminate the coverage, whichever is

earlier. The cost for this coverage will be the employer contribution, plus the employee contribution amount of the benefit, multiplied by

102%

[ ] Yes, I wish to elect the EAP program.

[ ] No, I do not wish to elect this plan.

COBRA PREMIUMS ARE SUBJECT TO CHANGE.

Signature Date

Print Name Email Address

(Recommended to receive future reminders and notifications

regarding your account and payments due)

Telephone Number Mailing Address

Questions? For faster service, we recommend first reviewing the information provided within your account via

www.YourBenefitLink.com. This information is available at your convenience, with no wait times.

221338116

APP 224

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 226 of 243 PageID 957
APP 225
DECLARATION OF ANDREW ETTER PAGE 1 

FP 49642621.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

JASON WALTERS, 

Plaintiff, 

v. 

EXEL, INC. D/B/A DHL SUPPLY CHAIN, 

Defendant. 

§

§

§

§

§

§

§

§

§ 

 CIVIL ACTION NO. 3:22-cv-01840-K 

DECLARATION OF ANDREW ETTER 

STATE OF OHIO § 

 § 

COUNTY OF FRANKLIN § 

I, Andrew Etter, declare under the penalty of perjury the following: 

1. My name is Andrew Etter. I am over the age of eighteen years, of sound mind, and 

am capable of making this declaration. I have personal knowledge of the facts stated herein and 

know them to be true and correct. 

2. My current position is Associate General Counsel with Defendant Exel, Inc. d/b/a 

DHL Supply Chain. 

3.

Whitehurst, an email with a copy of the COBRA Qualifying Event Notice dated March 22, 2022, 

that was sent to Plaintiff. Attached as Exhibit A is a true and correct copy of the email and 

attachments I sent to Bob Whitehurst on August 26, 2022. 

4. On August 30, 2022, despite receiving a copy of the COBRA Qualifying Event 

Notice, Mr. Whitehurst emailed me and informed me that Plaintiff still intended to pursue his 

APP 226

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 228 of 243 PageID 959
DECLARATION OF ANDREW ETTER PAGE 2 

FP 49642621.1 

claim. Attached as Exhibit B is a true and correct copy of the email I received from Bob Whitehurst 

on August 30, 2022. 

I declare under penalty of perjury that the foregoing is true and correct. 

EXECUTED on February 16, 2024. 

 

 ANDREW ETTER 

APP 227

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 229 of 243 PageID 960
APP 228

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 230 of 243 PageID 961
1

From: Andrew Etter (DHL Group, Legal) <andrew.etter@dhl.com>

Sent: Friday, August 26, 2022 7:23 AM

To: 'whitehurstlawfirm@yahoo.com'

Subject: Walters. v. DHL, 3:22-cv-01840-C (N.D. Tx)

Attachments: 123021_Walters, Jason.pdf; Jason Walters - COBRA Qualifying Event Notice.pdf

Mr. Whitehurst—

Thank you for your time this morning. Per our discussion, please see the attached evidencing Mr. Walters’ status as an

exempt, salaried employee making $55K+ per year as well as the COBRA notice he received subsequent to his

employment. If any questions, please let me know.

In light of this information, please let me know if Mr. Walters intends to further pursue the above‐referenced litigation

when you get a chance.

Best regards,

‐Andrew

Andrew Etter

Associate General Counsel

Global Business Services

DHL Supply Chain  

360 Westar Blvd.  

Westerville, Ohio 43082 USA

Office: 614.865.5978

Fax: 614.865.8879

Mobile: 740.953.9270

andrew.etter@dhl.com

www.dhl‐usa.com/supplychain

DHL Supply Chain – Excellence. Simply delivered.

EXHIBIT A APP 229

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 231 of 243 PageID 962
NON-NEGOTIABLE

Deposited to the account of account number transit ABA amount

2000 A DP, LLC

Earnings Statement 

CO. FILE DIV DEPT. VCHR NO

Period Beginning: 12/20/2021

109314 3517 003060 0000522981 1

Period Ending: 01/02/2022

7LU

Pay Date: 12/30/2021

EXEL, INC.

JASON R WALTERS

18026700

DBA DHL SUPPLY CHAIN

142 COUNTY ROAD 2437

360 WESTAR BVLD.

MINEOLA TX 75773

$1 503 46

WESTERVILLE, OH 43082

55 559 12

Other Benefits and

this period total to date

Taxable Marital Status: Married

Exemptions/Allowances:

HRID 015448

Group Term Life 0 28 7 28

Federal: 0,$25 Additional Tax

Totl Hrs Worked 80 00

TX: No State Income Tax

YOUR COMPANY PHONE NUMBER IS 866-504-6943

rate units this period year to date

VERIFY YOUR ADDRESS ON YOUR EARNINGS STATEMENT

Regular 26 44 80 00 2 115 38 54 618 45

CONTACT YOUR HR MANAGER ASAP IF A CHANGE IS

Refer Bonus 600 00

NEEDED

0 00 0 00

For customer service assistance, contact askPAYROLL via

Gross Pay $2 115 38

Email at askPAYROLL@dhl.com or telephone 1-866-504-6943

For easy access to your pay information, logon to MyADP at

Statutory

-172 94 4 651 57

https://My.ADP.com

0 00 0 00

Federal Income Tax

-122 63 3 223 14

Kronos PTO YTD Taken Balance

Social Security Tax

-28 68 753 80

___________________________________________________

Medicare Tax

-1 89 49 14

General Purpose

0 00 0 00

Personal

0 00 0 00

Dependent Life

-17 10* 444 60

Sick

00000522981

Pretax Dental

-102 92* 2 675 92

Vacation

12/30/2021

Pretax Medical

Pretax Vision -17 68* 459 68

401K Sav Pretax -148 08* 3 865 35

$1 503 46

Vantage ID

xxxx

Advice number:

xxxx

Net Pay

-1 503 46

Pay date:

Checking

$0 00

xxx

Net Check

HRID 015448

Excluded from federal taxable wages

Your federal taxable wages this period are

$1 829 60

DHL SUPPLY CHAIN

360 WESTAR BLVD

WESTERVILLE OH 43082

JASON R WALTERS

APP 230

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 232 of 243 PageID 963
Be Secure (c/o Businessolver, Inc.)

1025 Ashworth Road

West Des Moines, IA 50265

Jason Walters and Family

142 COUNTY ROAD 2437

MINEOLA, TX,75773

Notice Date: March 22, 2022

IMPORTANT – COBRA CONTINUATION COVERAGE & OTHER HEALTH COVERAGE ALTERNATIVES

You’re getting this notice because you recently lost coverage under Be Secure group health plan (“the Plan”). This notice has important

information about your right to COBRA continuation coverage, which is a temporary extension of coverage under the Plan. Please read

the information in this notice very carefully before you make your decision.

This notice has important information about your right to continue your health care coverage under the Plan, as well as other health

coverage options that may be available to you, including coverage through Medicaid or the Health Insurance Marketplace. To sign up

for Marketplace coverage, visit www.HealthCare.gov or call 1-800-318-2596 (TTY: 1-855-889-4325). People in most states use

www.HealthCare.gov to apply for and enroll in health coverage; if your state has its own Marketplace platform, you can find contact

information here: www.HealthCare.gov/marketplace-in-your-state/.

Please read the information in this notice very carefully before you make your decision. If you choose to elect COBRA continuation

coverage, you should enroll online atxwww.YourBenefitLink.comxor use the Election Form provided later in this notice.

IT TAKES JUST THREE EASY STEPS TO REVIEW AND ENROLL IN YOUR COBRA COVERAGE OPTIONS ONLINE:

1. Go to www.YourBenefitLink.com and log in with your username and password. If you don’t know them, select Register

then provide your company key (besecure), your Social Security Number and your Date of Birth.

2. Review and make your COBRA elections. The online enrollment process makes it easy to select the coverage you’re

eligible for.

3. Choose the payment method you want.

a. Pay Online – Provide your preferred payment method and account information. You can set up automatic monthly

payments and avoid the usual $2.00 monthly convenience fee.

b. Pay by Check – Make your check payable to Be Secure.

Please note, if you are electing COBRA as a dependent of a former employee who is not also electing COBRA or due to dependent

qualifying event (such as a divorce or child reaching maximum age), you cannot enroll online. You will need to return the paper election

form found in this package. Once enrolled, you will be able to login to www.YourBenefitLink.com and create your online account.

Coverage provided by Be Secure to you and/or your covered dependent(s) ends on 03/16/2022 due to the qualifying event marked

below:

QUALIFYING EVENT

Employment Termination

COBRA EFFECTIVE DATE

03/17/2022

DURATION OF COVERAGE

18 months

Only members covered at the time of Qualifying Event are eligible for continuation. The following Qualified Beneficiaries are eligible to

continue coverage under COBRA:

JASON WALTERS

WALTERS

WALTERS

WALTERS

Para ver el texto de este aviso en español, visite:

https://www.dol.gov/sites/dolgov/files/EBSA/laws-and-regulations/laws/cobra/model-election-notice-spanish.docx.

Si tiene preguntas sobre esta información por favor contacte Businessolver, Inc. at 877-411-4455. Los representantes están

disponibles de lunes a viernes durante el horario comercial normal.

GENERAL COBRA INFORMATION

Federal Law requires that most group health plans (including this Plan) give employees and their families the opportunity to continue

221338116

APP 231

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 233 of 243 PageID 964
their health care coverage through COBRA continuation coverage when there is a “qualifying event” that would result in a loss of

coverage under the Plan. Depending on the type of qualifying event, “qualified beneficiaries” can include the employee covered under

the group health plan, the covered employee’s spouse, and/or dependent children of the covered employee. COBRA continuation

coverage is the same coverage the Plan gives to active employees. Each qualified beneficiary who elects continuation coverage will

have the same rights under the Plan as other participants or beneficiaries covered under the Plan.

WHAT’S COBRA CONTINUATION COVERAGE?

COBRA continuation coverage is the same coverage that the Plan gives to other participants or beneficiaries who aren’t getting

continuation coverage. Each “qualified beneficiary” (described below) who elects COBRA continuation coverage will have the same

rights under the Plan as other participants or beneficiaries covered under the Plan.

WHO ARE THE QUALIFIED BENEFICIARIES?

Each person (“qualified beneficiary”) listed on the Election Form below can independently elect COBRA continuation coverage. COBRA

continuation coverage is available to all qualified beneficiaries from 03/17/2022 to 09/16/2023 (the end of the maximum period).

Dependents not covered at the time of the qualifying event may be added only during Open Enrollment, if HIPAA special enrollment

applies, or a status change event occurs to establish a right to enroll.

Only one of you needs to elect COBRA continuation coverage for your spouse and dependent child(ren), if any, who wish to continue

coverage. (Please note, a parent or legal guardian (regardless of whether they are a qualified beneficiary) may elect COBRA

continuation coverage on behalf of a minor child, as applicable.) Furthermore, because COBRA gives you the right to elect coverage

independently, you, your spouse or dependent child(ren), if any, may elect single coverage and not include those individuals who do not

wish to continue coverage. However, you may not decline coverage on behalf of your spouse or non-minor child.

Continuation coverage for a qualified beneficiary will be terminated before the end of the maximum period, if:

1. the required premium is not paid in full, on time;

2. after electing continuation coverage, the qualifying beneficiary becomes covered under another group health plan;

3. after electing continuation coverage, the qualified beneficiary becomes entitled to Medicare (under Plan A, Plan B, or both); or

4. the employer ceases to provide any group health plan for its employees.

Continuation coverage may also be terminated for any reason the Plan would terminate coverage of a participant or beneficiary not

receiving continuation coverage (such as fraud).

ARE THERE OTHER COVERAGE OPTIONS BESIDES COBRA CONTINUATION COVERAGE?

Yes. Instead of enrolling in COBRA continuation coverage, there may be other coverage options for you and your family through the

Health Insurance Marketplace, Medicare, or other group health plan coverage options (such as a spouse’s plan) through what is called

a “special enrollment period.” Additionally, you may apply for and, if eligible, enroll in Medicaid at any time. Some of these options may

cost less than COBRA continuation coverage.

You should compare your other coverage options with COBRA continuation coverage and choose the coverage that is best for you. For

example, if you move to other coverage you may pay more out of pocket than you would under COBRA because the new coverage

may impose a new deductible.

When you lose job-based health coverage, it’s important that you choose carefully between COBRA continuation coverage and other

coverage options, because once you’ve made your choice, it can be difficult or impossible to switch to another coverage option until the

next available open enrollment period.

IF I ELECT COBRA CONTINUATION COVERAGE, WHEN WILL MY COVERAGE BEGIN AND HOW LONG WILL COVERAGE

LAST?

If elected, COBRA continuation coverage will begin on 03/17/2022 and can last until 09/16/2023. You may elect any of the options for

COBRA continuation coverage listed within the Election Form below.

Continuation coverage may end before the date noted above in certain circumstances, like failure to pay premiums, fraud, or if you

become covered under another group health plan or entitled to Medicare.

Note, due to the COVID-19 National Emergency, the Department of Labor, the Department of the Treasury, and the Internal Revenue

Service issued a Notice of Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the

COVID–19 Outbreak (“Joint Notice”). This notice provided relief for certain actions related to employee benefit plans required or

permitted under Title I of ERISA and the Code, including the 60-day initial election period for COBRA continuation coverage. The

Department of Labor’s Employee Benefits Security Administration (EBSA) provided further guidance on this relief in EBSA Disaster

Relief Notice 2021-01.

CAN I EXTEND THE LENGTH OF COBRA CONTINUATION COVERAGE?

If you elect continuation coverage, you may be able to extend the length of continuation coverage if a qualified beneficiary is disabled,

or if a second qualifying event occurs. You must notify Businessolver, Inc. of a disability or a second qualifying event within a certain

time period to extend the period of continuation coverage. If you don’t provide notice of a disability or second qualifying event within the

required time period, you will lose your right to extend the period of continuation coverage.

For more information about extending the length of COBRA Continuation coverage visit

https://www.dol.gov/sites/dolgov/files/EBSA/about-ebsa/our-activities/resource-center/publications/an-employees-guide-to221338116

APP 232

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 234 of 243 PageID 965
health-benefits-under-cobra.pdf.

Disability

An 11-month extension of coverage may be available if any of the qualifying beneficiaries are determined by the Social Security

Administration (SSA) to be disabled. The disability has to have started at some time before the 60th day of COBRA continuation

coverage and must last at least until the end of the 18-month period of continuation coverage.

This notice must be mailed to the COBRA Administrator at the address provided in this notice. The notice must be received within 60

days after the latest of:

1. the date of the SSA disability determination;

2. the date on which the qualifying event occurred;

3. the date on which the qualified beneficiary loses (or would lose) coverage under the terms of the Plan as a result of the

covered employee’s termination or reduction of work hours; or

4. the date on which the qualified beneficiary is informed of the obligation to provide the disability notice.

Regardless of the 60-day deadline described above, your notice must be provided no later than 18 months after your COBRA coverage

began or you will not be eligible for a disability extension.

Each qualified beneficiary who has elected continuation coverage will be entitled to the 11-month disability extension. If the qualified

beneficiary is determined by SSA to no longer be disabled, you must notify Businessolver, Inc. of that fact at the address below within

30 days after SSA’s determination. COBRA coverage will terminate (retroactively, if applicable) on the first day of the first month that

begins at least 30 days after the date of the SSA determination that the qualified beneficiary is no longer disabled or the end of the

maximum coverage period that applies to the qualified beneficiary without regard to the disability extension.

Second Qualifying Event

An 18-month extension of coverage may be available to spouses and dependent children who maintain continuation coverage if a

second qualifying event occurs within the first 18-months of continuation coverage. The maximum amount of continuation coverage

available when a second qualifying event occurs is 36 months. Second qualifying events may include the death of a covered employee,

divorce or separation from the covered employee, the covered employee’s becoming entitled to Medicare benefits under Part A, Part B,

or both, or a dependent child’s ceasing to be eligible for coverage as a dependent under the Plan. These events may be second

qualifying events only if they would have caused the qualified beneficiary to lose coverage under the Plan if the first qualifying event

had not occurred. If you want to extend your continuation coverage you must notify Businessolver, Inc. at the address below of the

event within 60 days starting from the latest of: (1) the date on which the qualifying event occurs; (2) the date on which the qualified

beneficiary loses (or would lose) coverage under the Plan as a result of the second qualifying event; or (3) the date on which the

qualified beneficiary is informed, through the furnishing of the SPD or the COBRA general notice, of the responsibility to notify the Plan

of the second qualifying event and the procedures for doing so.

Second Qualifying Event documentation must be mailed to the Businessolver, Inc. at the address provided in this notice.

HOW MUCH DOES COBRA CONTINUATION COVERAGE COST?

Please review the Election Form for details of COBRA continuation cost.

Other coverage options may cost less. If you choose to elect continuation coverage, you don’t have to send any payment with the

Election Form. Additional information about payment will be provided to you after the Election Form is received by the Plan. Important

information about paying your premium can be found in this notice. Please note, premiums are subject to change.

You may be able to get coverage through Medicaid or the Health Insurance Marketplace®. You can learn more about the Marketplace

below.

WHAT IS THE HEALTH INSURANCE MARKETPLACE?

The Marketplace offers “one-stop shopping” to find and compare private individual health insurance options. In the Marketplace, you

could be eligible for a subsidy that lowers your monthly premiums and for cost-sharing reductions (that lower your out-of-pocket costs

for deductibles, coinsurance, and copayments) right away, and you can see what your subsidized premium, deductibles, and

out-of-pocket costs will be before you make a decision to enroll. Through the Marketplace you’ll also learn if you qualify for free or

low-cost coverage from Medicaid or the Children’s Health Insurance Program (CHIP). People in most states use HealthCare.gov to

apply for and enroll in Marketplace coverage; if your state has its own Marketplace platform you can find contact information for your

State Marketplace at the web address below.

Health Insurance Marketplace: https://www.healthcare.gov

State-based Marketplace: https://www.healthcare.gov/marketplace-in-your-state/

Medicaid: https://www.healthcare.gov/do-i-qualify-for-medicaid

Children’s Health Insurance Program (CHIP): https://www.healthcare.gov/are-my-children-eligible-for-chip

Being offered COBRA continuation coverage won’t limit your eligibility for Medicaid. It also won’t limit your eligibility for Marketplace

coverage or for a subsidy through the Marketplace, if you are a former employee of the employer offering the coverage. But you won’t

be eligible for a subsidy or a tax credit during any month that you’re enrolled in COBRA continuation coverage. Therefore, if you want to

use a special enrollment period to enroll in Marketplace coverage with a subsidy or a tax credit, you must end your COBRA

continuation coverage before your Marketplace coverage starts. Coverage through the Health Insurance Marketplace may cost less

than COBRA continuation coverage.

221338116

APP 233

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 235 of 243 PageID 966
If you are currently employed by the employer offering the COBRA continuation coverage with premium assistance, you may enroll in

Marketplace coverage but you may be ineligible for a subsidy or a premium tax credit for the Marketplace coverage for the period you

are offered the COBRA continuation coverage with premium assistance.

WHEN CAN I ENROLL IN MARKETPLACE COVERAGE?

Marketplace-eligible consumers can enroll in Marketplace coverage if they qualify for a special enrollment period. For example,

Marketplace-eligible consumers always have 60 days from the time they lose your job-based coverage to enroll in the Marketplace, or

they can apply up to 60 days beforehand if they know they’ll lose coverage ahead of time. After 60 days your special enrollment

period will end and you may not be able to enroll unless you qualify for another special enrollment period, so you should take

action right away if you want to enroll in Marketplace coverage. In addition, during what is called an “open enrollment” period,

Marketplace-eligible consumers can enroll from November 1 – December 15 in Marketplace coverage that starts on January 1. Finally,

they may apply for and, if eligible, enroll in Medicaid coverage at any time.

To find out more about enrolling in the Marketplace, such as when the next open enrollment period will be and what you need to know

about qualifying events and special enrollment periods, visit www.HealthCare.gov/coverage-outside-open-enrollment/specialenrollment-period/. If your state has its own Marketplace platform, you can find contact information for your State Marketplace here:

https://www.HealthCare.gov/marketplace-in-your-state/. Note, you may apply for and, if eligible, enroll in Medicaid coverage at any

time.

IF I SIGN UP FOR COBRA CONTINUATION COVERAGE, CAN I SWITCH TO COVERAGE IN THE MARKETPLACE? WHAT

ABOUT IF I CHOOSE MARKETPLACE COVERAGE AND WANT TO SWITCH BACK TO COBRA CONTINUATION COVERAGE?

If you sign up for COBRA continuation coverage, you can switch to a Marketplace plan during the annual Marketplace open enrollment

period. You can also choose to end your COBRA continuation coverage early and switch to a Marketplace plan if you have another

qualifying event such as marriage or birth of a child through something called a “special enrollment period.” But be careful though - if

you terminate your COBRA continuation coverage early without another event that qualifies you for special enrollment, you may have to

wait to enroll in Marketplace coverage until the next available open enrollment period, and could end up without any health coverage in

the interim.

Alternatively, once you’ve exhausted your COBRA continuation coverage and the coverage expires, you may be eligible for a special

enrollment period to enroll in Marketplace coverage, even if Marketplace open enrollment has endedand no other qualifying events

apply. For more information on COBRA continuation coverage and the Marketplace, see

www.HealthCare.gov/unemployed/cobra-coverage/.

If you sign up for Marketplace coverage instead of COBRA continuation coverage, you cannot switch to COBRA continuation coverage

under any circumstances once your COBRA election period ends.

CAN I ENROLL IN ANOTHER GROUP HEALTH PLAN?

You may be eligible to enroll in coverage under another group health plan (like a spouse’s plan), if you request enrollment within 30

days of the loss of coverage.

If you or your dependent chooses to elect COBRA continuation coverage instead of enrolling in another group health plan for which

you’re eligible, you’ll have another opportunity to enroll in the other group health plan within 30 days of losing your COBRA continuation

coverage.

CAN I ENROLL IN MEDICARE INSTEAD OF COBRA CONTINUATION COVERAGE AFTER MY GROUP HEALTH PLAN

COVERAGE ENDS?

In general, if you don’t enroll in Medicare Part A or B when you are first eligible because you are still employed, after the Medicare initial

enrollment period, you have an 8-month special enrollment period to sign up for Medicare Part A or B, beginning on the earlier of:

1. The month after your employment ends; or

2. The month after group health plan coverage based on current employment ends.

These rules are different for people with End Stage Renal Disease (ESRD). See

https://www.medicare.gov/sign-up-change-plans/how-do-i-get-parts-a-b/part-a-part-b-sign-up-periods for more information.

If you don’t enroll in Medicare Part B and elect COBRA continuation coverage instead, you may have to pay a Part B lifetime late

enrollment penalty and you may have a gap in coverage if you decide you want Part B later. If you elect COBRA continuation coverage

and later enroll in Medicare Part A or B before the COBRA continuation coverage ends, the Plan may terminate your continuation

coverage. However, if Medicare Part A or B is effective on or before the date of the COBRA election, COBRA coverage may not be

discontinued on account of Medicare entitlement, even if you enroll in the other part of Medicare after the date of the election of COBRA

coverage.

You must notify Businessolver, Inc. in writing within 30 days if, after electing COBRA, a qualified beneficiary becomes entitled to

Medicare (Part A, Part B, or both) or becomes covered under other group health plan coverage. Correspondence can be mailed to your

COBRA Administrator at the address noted in this notice.

COBRA coverage is subject to termination retroactive to the date (after your COBRA election date) when the qualified beneficiary

becomes entitled to Medicare or becomes covered under other group health coverage, regardless of when notice of other coverage is

provided.

221338116

APP 234

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 236 of 243 PageID 967
If you are enrolled in both COBRA continuation coverage and Medicare, Medicare will generally pay first (primary payer) and COBRA

continuation coverage will pay second. Certain plans may pay as if secondary to Medicare, even if you are not enrolled in Medicare. For

more information visit https://www.medicare.gov/medicare-and-you, or, for more specific information regarding the Plan, contact

your Plan Administrator.

WHAT FACTORS SHOULD I CONSIDER WHEN CHOOSING COVERAGE OPTIONS?

When considering your options for health coverage, you may want to think about:

• Premiums: Your previous plan can charge up to 102% of total plan premiums for COBRA coverage (or up to 150% of total

plan premiums after 18 months if you choose to extend the COBRA continuation coverage period beyond 18 months due to

the disability of a qualified beneficiary) Other options, like coverage on a spouse’s plan, Medicaid, or through the Marketplace,

may be less expensive at that point.

• Provider Networks: If you’re currently getting care or treatment for a condition, a change in your health coverage may affect

your access to a particular health care provider. You may want to check to see if your current health care providers participate

in a network and whether you will have access to that network through any other option as you consider options for health

coverage.

• Drug Formularies: If you’re currently taking medication, a change in your health coverage may affect your costs for medication

– and in some cases, your medication may not be covered by another plan. You may want to check to see if your current

medications are listed in drug formularies for other health coverage.

• Severance payments: If you lost your job and got a severance package from your former employer, your former employer may

have offered to pay some or all of your COBRA payments for a period of time. In this scenario, you may want to contact the

Department of Labor at 1-866-444-3272 to discuss your options.

• Service Areas: Some plans limit their benefits to specific service or coverage areas – so if you move to another area of the

country, you may not be able to use your benefits. You may want to see if your plan has a service or coverage area, or other

similar limitations.

• Other Cost-Sharing: In addition to premiums or contributions for health coverage, you probably pay copayments, deductibles,

coinsurance, or other amounts as you use your benefits. You may want to check to see what the cost-sharing requirements

are for other health coverage options. For example, one option may have much lower monthly premiums, but a much higher

deductible and higher copayments. You may also want to consider whether you have met your deductible or maximum

out-of-pocket limit under your COBRA continuation coverage.

FOR MORE INFORMATION

This notice does not fully describe continuation coverage or other rights under the Plan. More information about continuation coverage

and your rights under the Plan is available in the summary plan description or from Benefits Committee c/o DHL Supply Chain (the

“Plan Administrator”).

If you have any questions about the information in this notice or your rights to COBRA continuation coverage, you should contact the

COBRA Administrator:

Be Secure (c/o Businessolver, Inc.)

PO BOX 850512

MINNEAPOLIS, MN 55485-0512

877-411-4455

If you have questions about the Plan or would like to request a copy of the Plan’s summary plan description, you should contact your

Plan Administrator:

Benefits Committee c/o DHL Supply Chain

360 Westar Blvd

Westerville, Ohio 43082

614-865-8500

For more information about your rights under the Employee Retirement Income Security Act (ERISA), including COBRA, the Health

Insurance Portability and Accountability Act (HIPAA), the Patient Protection and Affordable Care Act, and other laws affecting group

health plans, visit the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) website at

https://www.dol.gov/agencies/ebsa, contact them electronically at askebsa.dol.gov, or call their toll-free number at 1-866-444-3272

For more information about health insurance options available through the Health Insurance Marketplace, and to locate an assistor in

your area who you can talk to about the different options, visit www.healthcare.gov.

KEEP YOUR PLAN INFORMED OF ADDRESS CHANGES

In order to protect you and your family’s rights, you should keep the COBRA Administrator informed of any changes in your address

and the addresses of family members. You should also keep a copy, for your records, of any notices you send to the COBRA

Administrator or Plan Administrator.

IMPORTANT INFORMATION ABOUT PAYMENT

First Payment for Continuation Coverage

If you elect COBRA you should pay the total premium due at the time you send in the Election Form in order to complete your

enrollment and continue your coverage. Although you are not required to send any payment with the Election Form, you must make

your first payment for continuation coverage no later than 45 days after the date of your election (this is the date the Election Notice is

postmarked if sent by mail or the date you complete your online enrollment). If you do not make your first payment in full within 45

221338116

APP 235

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 237 of 243 PageID 968
days after the date of your election, you will lose all continuation coverage rights under the Plan. You’re responsible for making

sure that the amount of your first payment is correct. You may contact the COBRA Administrator to confirm the correct amount of your

first payment using the contact information provided within this notice.

IMPORTANT: Your first payment must cover the cost of COBRA coverage from the time your coverage under the Plan would

have otherwise terminated up through the end of the month before the month in which you make your first payment.

For example, Employee A’s employment terminates on September 30th, and they lose coverage on September 30th. Employee A then

elects COBRA coverage on November 15th. The initial premium payment Employee A sends in must include the premium amount for

October and November and is due on or before December 30th, (the 45th day after the postmarked date on the COBRA Election Form.)

Also, please note that Employee A’s December premium is due December 1st and that premium must be postmarked by December 31st

for it to be considered timely.

Due to the COVID-19 National Emergency, the Department of Labor, the Department of the Treasury, and the Internal Revenue

Service issued guidance extending timeframes for certain actions related to health coverage under group health plans sponsored by

private employers. This guidance may give you more time to make COBRA premium payments. For additional information about this

guidance visit: https://www.dol.gov/agencies/ebsa/employers-and-advisers/plan-administration-and-compliance/disaster-relief.

Periodic Payments for Continuation Coverage

After your first payment for COBRA continuation coverage, subsequent payments for continuation coverage are due on the first day of

each month of coverage. The date your payment is made is determined by the postmark on the envelope (e.g. May premiums must be

postmarked on or before May 31, see grace period described below). The amount due is listed on the enclosed Election Form. Please

make a copy of this for your records. The COBRA administrator provides billing periodic notices of payments due, but, as a COBRA

participant, it is your responsibility to remit payments on a timely basis. If you make a periodic payment on or before the first day

of the coverage period to which it applies, your coverage under the Plan will continue for that coverage period without any break.

Checks returned for insufficient funds or checks that otherwise cannot be cashed are considered non-payment of premium

and a replacement premium payment must be received by the end of the 30-day grace period (see the next paragraph) or

coverage will terminate back to the end of the last fully paid period and you will lose all rights to COBRA coverage under the Plan.

You may not be notified that a payment was returned due to insufficient funds until after the end of your grace period and after your

COBRA coverage terminates. Once your COBRA coverage terminates, it will not be reinstated. Therefore, it is your responsibility to

ensure funds are available to cover the required premium and, if a check is returned by the bank, to ensure a replacement check is

submitted within the appropriate timeframe.

Grace Periods for Periodic Payments

Although periodic payments are due on the first of the month, you will be given a grace period of 30 days from the payment due date,

except as previously described regarding your initial payment. You’ll get continuation coverage for each coverage period as long as

payment for that coverage period is made before the end of the grace period. If you pay a period payment later than the first day of

the coverage period to which it applies, but before the end of the grace period for the coverage period, your coverage will be

suspended as of the first day of the coverage period and then retroactively reinstated (going back to the first day of the

coverage period) when the periodic payment is received. This means that any claim you submit for benefits while your

coverage is suspended may be denied and may have to be resubmitted once your coverage is reinstated.

If you fail to make a periodic payment before the end of the grace period for the coverage period, you will lose all rights to continuation

coverage under the Plan.

Your first payment and all periodic payments for continuation coverage should be made payable to Be Secure.

Please mail payments to:

Be Secure (c/o Businessolver, Inc.)

ATTN: COBRA Administration

PO BOX 850512

MINNEAPOLIS, MN 55485-0512

TO CHECK ON PAYMENT AND ACCOUNT STATUS

Go to www.YourBenefitLink.com using your previous log in information. If you previously used a company intranet to log in; please

register using the company key of: besecure. If you have questions, please contact your COBRA Administrator at 877-411-4455.

221338116

APP 236

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 238 of 243 PageID 969
COBRA CONTINUATION COVERAGE ELECTION INSTRUCTIONS

Under federal law, you have 60 days from the date of original notice or the coverage termination date, whichever is later, to elect

COBRA continuation coverage under the Plan, unless you are entitled to additional time under a federal policy or program. For

example, you may be entitled to more time because of a national emergency.

IT TAKES JUST THREE EASY STEPS TO REVIEW AND ENROLL IN YOUR COBRA COVERAGE OPTIONS ONLINE:

1. Go to www.YourBenefitLink.com and log in with your username and password. If you don’t know them, select Register

then provide your company key (besecure), your Social Security Number and your Date of Birth.

2. Review and make your COBRA elections. The online enrollment process makes it easy to select the coverage you’re

eligible for.

3. Choose the payment method you want.

a. Pay Online – Provide your preferred payment method and account information. You can set up automatic monthly

payments and avoid the usual $2.00 monthly convenience fee.

b. Pay by Check – Make your check payable to Be Secure.

Please note, if you are electing COBRA as a dependent of a former employee who is not also electing COBRA or due to dependent

qualifying event (such as a divorce or child reaching maximum age), you cannot enroll online. You will need to return the paper election

form found in this package. Once enrolled, you will be able to login to www.YourBenefitLink.com and create your online account.

If you choose to submit your completed Election Form by mail, it must be postmarked no later than 05/22/2022.

Completing your enrollment online at www.YourBenefitLink.com is the fastest and most secure way to ensure continuation coverage

for you and your family. Requests received by mail can take up to 7-10 days from receipt to complete processing.For elections

submitted by mail, send the completed form to:

Be Secure (c/o Businessolver, Inc.)

ATTN: COBRA Administration

PO BOX 850512

MINNEAPOLIS, MN 55485-0512

If you do not submit a completed Election Form or complete your online enrollment by the due date shown above, you will lose your

right to elect COBRA continuation coverage. If you reject/waive COBRA continuation coverage before the due date, you may change

your mind and revoke your rejection/waiver as long as you complete your enrollment online at www.YourBenefitLink.com or submit a

completed Election Form before the due date. However, if you change your mind after first rejecting COBRA continuation coverage,

your COBRA continuation coverage will begin on the date you submit the completed Election Form.

Your decision whether to elect COBRA continuation coverage will affect your future right to portability of group health coverage,

guaranteed access to individual health coverage and special enrollment. Additional information about such rights is included in your

Plan’s summary plan description.

If you elect to continue coverage, and if you meet all other requirements explained on the enclosed document, your COBRA

continuation coverage will begin on03/17/2022.

You must make your first payment for COBRA coverage no later than 45 days after the postmark date of your election (this is the date

your Election Form is mailed) or completion of your online enrollment. If you do not make your first payment for COBRA coverage in

full within 45 days after the date of your election, you will lose all COBRA rights under the Plan.

IMPORTANT: Your first payment must cover the cost of COBRA coverage from the time your coverage under the Plan would

have otherwise terminated up through the end of the month before the month in which you make your first payment.

Subsequent payments are due on the 1st of the month. If you do not remit the full premium on a timely basis, your coverage may be

terminated. Refer to the PREMIUM PAYMENT INFORMATION section for more information.

221338116

APP 237

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 239 of 243 PageID 970
COBRA CONTINUATION COVERAGE ELECTION FORM

(FOR BSC USE ONLY: Be Secure – mm_num:27031376)

Read the important information about your rights included in this packet before completing your Election Form below.

Your COBRA Continuation elections must be completed and/or postmarked no later than 05/22/2022.

Completing your enrollment online at www.YourBenefitLink.com is the fastest and most secure way to ensure continuation coverage

for you and your family. Elections received by mail can take up to 7-10 days from receipt to complete processing. To enroll by

mail, complete this form and return to the COBRA Administrator at the address provided in the COBRA Continuation Coverage Election

Instructions.

Please note, if you are electing COBRA as a dependent of a former employee who is not also electing COBRA or due to dependent

qualifying event (such as a divorce or child reaching maximum age), you cannot enroll online. You will need to return the paper election

form found in this package. Once enrolled, you will be able to login to www.YourBenefitLink.com and create your online account.

Only members covered at the time of Qualifying Event are eligible for continuation. The following Qualified Beneficiaries are eligible to

continue coverage under COBRA:

PLACE AN “X” BY QUALIFIED

BENEFICIARY TO BE COVERED: QUALIFIED BENEFICIARY SOCIAL SECURITY NUMBER

[ ] JASON WALTERS XXX-XX-

[ ] WALTERS XXX-XX-

[ ] WALTERS XXX-XX-

[ ] WALTERS XXX-XXI/We elect COBRA continuation coverage as indicated below:

PLACE AN “X” BY COVERAGE SELECTION: MONTHLY COST

Anthem Basic

[ ] Employee Only $ 544.40 /Monthly

[ ] Employee and One Child plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Two Children plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Three Children plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Four Children plus Spouse $ 1,677.78 /Monthly

[ ] Employee and Spouse $ 1,224.89 /Monthly

[ ] Employee and Children $ 1,007.14 /Monthly

[ ] Family $ 2,014.28 /Monthly

Standard Dental

[ ] Employee Only $ 27.45 /Monthly

[ ] Employee and One Child plus Spouse $ 96.09 /Monthly

[ ] Employee and Two Children plus Spouse $ 96.09 /Monthly

[ ] Employee and Three Children plus Spouse $ 96.09 /Monthly

[ ] Employee and Four Children plus Spouse $ 96.09 /Monthly

[ ] Employee and Spouse $ 57.65 /Monthly

[ ] Employee and Children $ 68.62 /Monthly

[ ] Family $ 96.09 /Monthly

VSP-Vision

[ ] Employee Only $ 11.42 /Monthly

[ ] Employee and One Child plus Spouse $ 39.07 /Monthly

[ ] Employee and Two Children plus Spouse $ 39.07 /Monthly

[ ] Employee and Three Children plus Spouse $ 39.07 /Monthly

[ ] Employee and Four Children plus Spouse $ 39.07 /Monthly

[ ] Employee and Spouse $ 22.85 /Monthly

[ ] Employee and Children $ 24.46 /Monthly

[ ] Family $ 39.07 /Monthly

NOTE: If you were enrolled in a Health Care Flexible Spending Account benefit on the day prior to your COBRA Qualifying Event and

you do not see the FSA plan election option above, you may still be eligible to continue your Health Care Flexible Spending Account

through COBRA. This continuation will last through the end of the plan year in which your COBRA Qualifying Event occurred, and your

monthly premium for Health Care FSA continuation will be equal to your annual election minus your year-to-date contributions, divided

over the remaining months of the plan year.

To enroll in Health Care FSA, please contact your COBRA Administrator at 877-411-4455 .

221338116

APP 238

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 240 of 243 PageID 971
As a COBRA Qualified Beneficiary you are being given the opportunity to continue the EAP program through COBRA. If you elect to

take this coverage, your coverage will extend to your COBRA end date or until you explicitly terminate the coverage, whichever is

earlier. The cost for this coverage will be the employer contribution, plus the employee contribution amount of the benefit, multiplied by

102%

[ ] Yes, I wish to elect the EAP program.

[ ] No, I do not wish to elect this plan.

COBRA PREMIUMS ARE SUBJECT TO CHANGE.

Signature Date

Print Name Email Address

(Recommended to receive future reminders and notifications

regarding your account and payments due)

Telephone Number Mailing Address

Questions? For faster service, we recommend first reviewing the information provided within your account via

www.YourBenefitLink.com. This information is available at your convenience, with no wait times.

221338116

APP 239

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 241 of 243 PageID 972
1

From: Bob Whitehurst <whitehurstlawfirm@yahoo.com>

Sent: Tuesday, August 30, 2022 4:07 PM

To: Andrew Etter (DHL Group, Legal)

Subject: Re: Walters. v. DHL, 3:22-cv-01840-C (N.D. Tx)

Yes he does intend to pursue his claims, since we have yet to receive the documents that were 

requested. 

thanks 

On Tuesday, August 30, 2022 at 02:02:58 PM CDT, Andrew Etter (DHL US) <andrew.etter@dhl.com> wrote: 

Mr. Whitehurst—

I have provided you with documentation relevant to Mr. Walters’ alleged claims, which DHL believes are without merit. If 

you have any questions in that regard, please do not hesitate to let me know. However, and as I am sure you can 

appreciate given that this is filed litigation, any additional discovery would need to be coordinated through DHL’s external 

litigation counsel as per the applicable civil rules. 

Having had a chance to review the documentation provided, please advise if Mr. Walters intends to pursue these claims.

Best regards,

-Andrew

Andrew Etter

Associate General Counsel

Global Business Services

Office: 614.865.5978

Fax: 614.865.8879

Mobile: 740.953.9270

andrew.etter@dhl.com

From: Bob Whitehurst <whitehurstlawfirm@yahoo.com> 

Sent: Friday, August 26, 2022 10:41 AM 

To: Andrew Etter (DHL US) <andrew.etter@dhl.com> 

Subject: Re: Walters. v. DHL, 3:22-cv-01840-C (N.D. Tx) 

appreciate the information, could you also send me his personnel file

thanks

EXHIBIT B APP 240

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 242 of 243 PageID 973
2

On Friday, August 26, 2022 at 09:22:42 AM CDT, Andrew Etter (DHL US) <andrew.etter@dhl.com> wrote: 

Mr. Whitehurst— 

Thank you for your time this morning. Per our discussion, please see the attached evidencing Mr. Walters’ status as an 

exempt, salaried employee making $55K+ per year as well as the COBRA notice he received subsequent to his 

employment. If any questions, please let me know. 

In light of this information, please let me know if Mr. Walters intends to further pursue the above-referenced litigation when 

you get a chance. 

Best regards, 

-Andrew 

Andrew Etter

Associate General Counsel 

Global Business Services 

DHL Supply Chain 

360 Westar Blvd. 

Westerville, Ohio 43082 USA 

Office: 614.865.5978 

Fax: 614.865.8879 

Mobile: 740.953.9270 

andrew.etter@dhl.com

www.dhl-usa.com/supplychain

DHL Supply Chain – Excellence. Simply delivered.

APP 241

Case 3:22-cv-01840-K Document 57 Filed 02/16/24 Page 243 of 243 PageID 974