4848-9947-5530v.1 0088288-000066

Page 1 – EXHIBIT 3, PART 1, TO THE DECLARATION OF LEAH C. LIVELY

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

(503) 241-2300 main  (503) 778-5299 fax

LEAH C. LIVELY, OSB #962414

leahlively@dwt.com

SARAH E. AMES, OSB #132675

sarahames@dwt.com

DAVIS WRIGHT TREMAINE LLP

1300 S.W. Fifth Avenue, Suite 2400

Portland, Oregon 97201-5610

Telephone: (503) 241-2300

Facsimile: (503) 778-5299

Attorneys for Defendant

Wells Fargo Bank, N.A.

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

AT PORTLAND

DUKE TRAN, Plaintiff, v.

WELLS FARGO BANK, N.A.,

Defendant.

Case No. 3:15-cv-00979-BR

EXHIBIT 3, PART 1 TO THE 

DECLARATION OF LEAH C. LIVELY

DAVIS WRIGHT TREMAINE LLP

By S/ Leah C. Lively

Leah C. Lively, OSB # 962414

leahlively@dwt.com

Sarah E. Ames, OSB #132675

sarahames@dwt.com

Attorneys for Defendant Wells Fargo Bank, N.A.

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 1 of 65
·1· · · · Q.· ·Okay.· Has that ever influenced your

·2· ·ability to work as a telephone customer service

·3· ·agent?

·4· · · · A.· ·No.

·5· · · · Q.· ·Has anyone ever told you that they have a

·6· ·hard time understanding you because of your accent?

·7· · · · A.· ·Yes, it's possible.

·8· · · · Q.· ·Okay.· Outside of the workplace, has

·9· ·anyone ever said that to you?

10· · · · A.· ·The customer on the phone.

11· · · · Q.· ·Okay.

12· · · · A.· ·Yes.

13· · · · Q.· ·Is that something that's happened just

14· ·occasionally, or is it -- is that something that

15· ·happens more than five times a year?

16· · · · A.· ·It sometime.· When we talk to the

17· ·customer, sometime you have an accent, but a

18· ·customer make a comment we have an accent.

19· · · · Q.· ·Okay.· And I guess what I'm trying to find

20· ·out is how often does that happen?

21· · · · A.· ·It's not very often.

22· · · · Q.· ·Maybe once a month?

23· · · · A.· ·No, not that.

24· · · · Q.· ·Not even that?· Maybe three or four times

25· ·a year?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 1 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 2 of 65
·1· · · · A.· ·I did not recall.· I'm sorry.

·2· · · · Q.· ·Okay.· Okay.· But it happens from time to

·3· ·time with the customers; is that a fair statement?

·4· · · · A.· ·I didn't recall.· It's once in a little

·5· ·while, yeah.

·6· · · · Q.· ·Okay.

·7· · · · A.· ·I'm not sure.· At the time, I did not

·8· ·know.

·9· · · · Q.· ·Can you -- I'm sorry.· You have a quiet

10· ·voice.· Can you say that again.

11· · · · A.· ·I said I did not recall.

12· · · · Q.· ·When?

13· · · · A.· ·It's once in a little while.· Yeah, I'm

14· ·not sure how long, how many a year.

15· · · · Q.· ·Okay.· Do you know if that ever happened,

16· ·if a customer ever made a comment to you about your

17· ·accent when you were working as a customer service

18· ·agent in Wells Fargo's HEMASS department?

19· · · · A.· ·Yes, it's possible.

20· · · · Q.· ·Okay.· I'm assuming -- you know, these

21· ·were many years ago -- you wouldn't -- you wouldn't

22· ·remember what date that happened on or who the

23· ·customer was or anything like that?

24· · · · A.· ·Yes, that's possible.

25· · · · Q.· ·Okay.· It's possible.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 2 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 3 of 65
·1· ·CMP department selected customer service calls for

·2· ·review?

·3· · · · A.· ·For the QA monitor, yes.

·4· · · · Q.· ·How did they do that?

·5· · · · A.· ·They monitor the call to make sure you are

·6· ·-- I mean, for coaching purposes.

·7· · · · Q.· ·For --

·8· · · · A.· ·For coaching.

·9· · · · Q.· ·-- coaching?

10· · · · A.· ·For coaching purposes, yes.

11· · · · Q.· ·Okay.· So CMP monitored the calls for

12· ·coaching purposes.· Is that what you said?

13· · · · A.· ·Yes.

14· · · · Q.· ·Okay.· Do you know how CMP decided which

15· ·calls to listen to?

16· · · · A.· ·I do not work for the QA department.· I'm

17· ·not sure how they go in there.· They could be pick

18· ·up any call they want, and I don't know what they

19· ·do.

20· · · · Q.· ·Okay.· That's what I -- I'm just trying to

21· ·find out if you -- There's going to be a lot of

22· ·things that we talk about, that you know about

23· ·because those things were your job and you received

24· ·training on them; and there's going to be some

25· ·things that I'm assuming I'm going to ask you about,

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 3 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 4 of 65
·1· ·that weren't part of your job and you may not know

·2· ·about them.· I'm just trying to find that out.

·3· · · · A.· ·Okay.

·4· · · · Q.· ·And so the question is, and I think you

·5· ·answered it:· Do you know how the CMP department

·6· ·selected which calls it was going to review?

·7· · · · A.· ·No, I don't.

·8· · · · Q.· ·Did you ever talk with someone from the

·9· ·CMP department and ask them how they selected calls

10· ·for review?

11· · · · A.· ·No, they not allowed to.

12· · · · Q.· ·Was the CMP department kept pretty

13· ·separate from your department?

14· · · · A.· ·Yes.

15· · · · Q.· ·Do you have any information that, during

16· ·the time you worked for Wells Fargo, Peter LeDonne

17· ·or Kimberly Thrush had the ability to influence

18· ·which calls were selected by the CMP for review?

19· · · · A.· ·I apologize.· Can you explain that one

20· ·more time.

21· · · · Q.· ·Of course.· Do you have any information

22· ·that, during the time you worked for Wells Fargo,

23· ·Peter LeDonne or Kimberly Thrush had the ability to

24· ·influence which calls the CMP reviewed?

25· · · · A.· ·It's possible, yes.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 4 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 5 of 65
·1· ·that every month the CMP would select a certain

·2· ·amount of calls and they would review them and score

·3· ·them; correct?

·4· · · · A.· ·Yes.

·5· · · · Q.· ·Okay.· What I'm trying to find out is if

·6· ·you had -- if Ms. Thrush or any other manager ever

·7· ·told you that the HEMASS manager had the ability to

·8· ·tell CMP, in selecting those calls for the month,

·9· ·which calls they should review.

10· · · · A.· ·Possible, yes.

11· · · · Q.· ·Okay.· Who told you that?

12· · · · A.· ·Kimberly said management communicate each

13· ·other.· They go through all the call and they

14· ·communicate with the QA.· So that what I know.

15· · · · Q.· ·Okay.· Sir, I understand that management

16· ·between CMP and HEMASS communicated.· I'm asking you

17· ·something more specific.

18· · · · A.· ·Okay.

19· · · · Q.· ·Do you have any information, from any

20· ·source, that a HEMASS manager could tell the CMP

21· ·department which calls they were going to review?

22· · · · A.· ·That, I did not recall.

23· · · · Q.· ·Do you have any information that any of

24· ·the CMP evaluators knew that you took family leave

25· ·in June of 2014?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 5 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 6 of 65
·1· · · · A.· ·That, I don't remember.

·2· · · · Q.· ·Did you ever tell anyone from the CMP that

·3· ·you took family leave in June of 2014?

·4· · · · A.· ·That something I did not recall.

·5· · · · Q.· ·Did anyone from CMP ever tell you that

·6· ·they were aware that you had taken family leave in

·7· ·June of 2014?

·8· · · · A.· ·I report to the command center, not the QA

·9· ·department.

10· · · · Q.· ·Right.· So would the answer to that

11· ·question be no, that --

12· · · · A.· ·It's no.

13· · · · Q.· ·Okay.· Do you have any information that

14· ·anyone from the CMP department was aware that you

15· ·had reported what you believed to be unlawful

16· ·conduct with regard to deceiving customers about

17· ·missing loan documents?

18· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

19· ·speculation.

20· · · · Q.· ·BY MS. LIVELY:· Go ahead.

21· · · · A.· ·Can you repeat that one more time.· I'm

22· ·sorry.· Can you explain that.

23· · · · Q.· ·Yes.· I'm asking if -- So one of your

24· ·allegations in this case is that you believed Wells

25· ·Fargo was engaging in unlawful conduct with regard

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 6 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 7 of 65
·1· ·to deceiving customers about missing loan documents;

·2· ·correct?

·3· · · · A.· ·I still do not understand the question.

·4· · · · Q.· ·Okay.· Do you understand that one of your

·5· ·allegations, one of your claims against Wells

·6· ·Fargo --

·7· · · · A.· ·Right.

·8· · · · Q.· ·-- is that they were doing something

·9· ·unlawful by deceiving customers as to missing loan

10· ·documents?

11· · · · A.· ·Yes.

12· · · · Q.· ·Do you have any information that the CMP

13· ·department was aware that you had opposed this

14· ·unlawful -- what you believed to be unlawful

15· ·activity?

16· · · · A.· ·Can you repeat it one more time.

17· · · · Q.· ·Sure.· Did you --

18· · · · A.· ·I'm sorry.

19· · · · Q.· ·Did you ever tell anyone in the CMP

20· ·department that you had opposed what you believed to

21· ·be unlawful conduct with regard to missing customer

22· ·loan department documents?

23· · · · A.· ·We not allowed to talk to the CMP

24· ·department.

25· · · · Q.· ·Okay.· So the answer to that question

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 7 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 8 of 65
·1· ·is --

·2· · · · A.· ·No.

·3· · · · Q.· ·-- no, you never told anyone in the CMP;

·4· ·correct?

·5· · · · A.· ·No.

·6· · · · Q.· ·Okay.· Did anyone from the CMP department

·7· ·ever indicate to you that they were aware that you

·8· ·had opposed what you believed to be unlawful conduct

·9· ·with regard to missing loan documents?

10· · · · A.· ·Can you explain one more time.

11· · · · Q.· ·Sure.

12· · · · A.· ·Please.

13· · · · Q.· ·Did anyone from the CMP department ever

14· ·indicate to you that they knew you had reported what

15· ·you believed to be unlawful conduct with regard to

16· ·loan documents?

17· · · · A.· ·No.

18· · · · Q.· ·Do you have any information, from any

19· ·source, that the CMP scores that you received were

20· ·influenced by your report of unlawful conduct with

21· ·regard to missing loan documents?

22· · · · A.· ·Can you explain in little more detail.

23· ·I'm sorry.

24· · · · Q.· ·Yes.· Do you have -- Do you -- Do you have

25· ·any information from anyone -- something you read,

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 8 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 9 of 65
·1· ·that part.

·2· · · · Q.· ·What are you not understanding?

·3· · · · A.· ·You asked me the question.· I did not know

·4· ·what meaning on that.

·5· · · · Q.· ·Do you believe that the CMP department

·6· ·knew that you had reported what you believed to be

·7· ·unlawful conduct with regard to missing all the

·8· ·documents?

·9· · · · A.· ·I did not recall at that time.· It's been

10· ·a while.· I don't remember.

11· · · · Q.· ·Do you have any information or evidence

12· ·that the CMP department was aware that you had

13· ·reported what you believed to be unlawful conduct

14· ·with regard to missing loan documents?

15· · · · A.· ·I did not recall that.

16· · · · Q.· ·Is there anything that you could look at

17· ·that would help you recall that?

18· · · · A.· ·It's been what, three year?· I don't

19· ·remember much.

20· · · · Q.· ·Well, that's -- that's what I'm asking.

21· · · · · · ·Is there something that you could look at

22· ·that would help you remember whether you thought the

23· ·CMP department was aware that you'd reported what

24· ·you thought to be unlawful conduct?

25· · · · A.· ·Well, CMP QA is for coaching -- coach and

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 9 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 10 of 65
·1· ·monitor purposes.· You don't report to QA.

·2· · · · Q.· ·I understand that, Mr. Tran.

·3· · · · · · ·What I'm trying to find out is if you

·4· ·believe that the CMP department manipulated their

·5· ·review of your calls as a way of getting back at you

·6· ·for complaining of unlawful activity with regard to

·7· ·missing loan documents.

·8· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·9· ·speculation.

10· · · · · · ·THE WITNESS:· I did not recall what --

11· ·what QA do at that time.· Been a while.

12· · · · Q.· ·BY MS. LIVELY:· I'm asking if you believe

13· ·that.

14· · · · A.· ·I don't know how to answer the question.

15· · · · Q.· ·Well, it seems like a yes or no:· Do you

16· ·believe that your CMP scores from the CMP department

17· ·were influenced in some way by the fact that you had

18· ·made a report of unlawful activity?

19· · · · A.· ·It's possible.

20· · · · Q.· ·Okay.· What do you base that on?

21· · · · A.· ·QA can go in there and pick up any call

22· ·they monitor to.· And you never talk to QA, we're

23· ·not allowed to.· They're the coaching on the

24· ·supervisor, for coaching.

25· · · · Q.· ·Okay.· Do you have any information, from

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 10 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 11 of 65
·1· ·any source, that the QA department was aware that

·2· ·you had made a report of unlawful activity with

·3· ·regard to missing customer documents?

·4· · · · A.· ·I did not recall.

·5· · · · Q.· ·If you had thought that the QA department

·6· ·was giving you scores to retaliate against you,

·7· ·would you have told human resources that?

·8· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·9· ·speculation.

10· · · · · · ·THE WITNESS:· It's been a while.· I did

11· ·not remember.

12· · · · Q.· ·BY MS. LIVELY:· Do you have any

13· ·information, Mr. Tran, that Kimberly Thrush or Peter

14· ·LeDonne had the ability to alter your phone calls

15· ·before they went to the CMP?

16· · · · A.· ·It's possible, yes.

17· · · · Q.· ·Okay.· What do you base that on?

18· · · · A.· ·Kimberly and Peter can access all the QA

19· ·monitoring system, also; that why they give score

20· ·for coaching.

21· · · · Q.· ·I understand that.· But what I'm asking

22· ·you is if, other than a possibility in your mind, do

23· ·you have any actual information that Peter LeDonne

24· ·or Kimberly Thrush had the ability to alter a

25· ·customer call before it went to CMP?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

Page 11 of 125

Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 12 of 65
·1· · · · A.· ·It's possible, yes.

·2· · · · Q.· ·Okay.· And do you have any -- any

·3· ·information to back that up, other than because you

·4· ·think that might be a possibility?

·5· · · · A.· ·It's because they get access to QA, call

·6· ·monitor, with their ability; and then they send to

·7· ·the QA for monitor, for coaching.

·8· · · · Q.· ·So do you know that, by accessing the

·9· ·calls, they have the ability to alter the calls?

10· · · · A.· ·That is something I did not recall.

11· · · · Q.· ·And were you aware that QA selected the

12· ·calls, and not the HEMASS managers, for CMP review?

13· · · · A.· ·Possible, yes.

14· · · · · · · · · · (Exhibit 64 marked.)

15· · · · · · ·THE WITNESS:· Thank you.

16· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, the court

17· ·reporter has handed you what's been marked as

18· ·Exhibit 64 in this case.

19· · · · · · ·Do you have that document in front of you?

20· · · · A.· ·Yes.

21· · · · Q.· ·And Exhibit 64 is the memorandum of

22· ·understanding that Ms. Thrush and Mr. LeDonne

23· ·presented to you on or around July 22nd, 2014; is

24· ·that correct?

25· · · · A.· ·I did not recall what dates, exactly what

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 13 of 65
·1· ·dates.

·2· · · · Q.· ·Do you recall being given the memorandum

·3· ·of understanding in July of 2014?

·4· · · · A.· ·Yes.

·5· · · · Q.· ·And looking at the July memorandum of

·6· ·understanding, the first paragraph states, quote:

·7· ·"This memo confirms that you did not attend the two

·8· ·instances of creating customer loyalty trainings

·9· ·that HEMASS has offered, year to date," end quote.

10· · · · · · ·Did I read that correctly, Mr. Tran?

11· · · · A.· ·Yes.

12· · · · Q.· ·And was that a true statement?· Had you

13· ·not attended the first two offerings of the CCL

14· ·training?

15· · · · A.· ·Possible, yes.· I did not remember

16· ·exactly.

17· · · · Q.· ·Do you have any reason to dispute that you

18· ·did not attend the first two instances of the CCL

19· ·training in 2014?

20· · · · A.· ·It's been for a while.· I did not remember

21· ·exactly what date.

22· · · · Q.· ·Well, I'm not asking about specific dates.

23· ·I'm asking if you have any reason to dispute that

24· ·you missed the first two CCL trainings that were

25· ·offered in 2014.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 14 of 65
·1· · · · A.· ·Well, I remember June.· I'm not sure about

·2· ·July.

·3· · · · Q.· ·No, the other one was in January.

·4· · · · · · ·Do you remember that there was a CCL

·5· ·training in January that you missed because you were

·6· ·sick?

·7· · · · A.· ·Possible, yes.

·8· · · · Q.· ·So do you have any reason to dispute that

·9· ·you missed the first two offerings of the CCL

10· ·training in 2014, as of the time that you were given

11· ·the memorandum of understanding?

12· · · · A.· ·I did not remember when I was missing the

13· ·one in January, but I know the one in June I was

14· ·missing a training class.· I was sick and my son

15· ·also was sick.

16· · · · Q.· ·So is it your testimony that you just

17· ·don't remember one way or another whether you missed

18· ·the first offering of the CCL training in 2014?

19· · · · A.· ·Yes, I did not recall.· Been a while, been

20· ·a long time.

21· · · · Q.· ·Do you have any reason to dispute that you

22· ·missed the January 2014 CCL training?

23· · · · A.· ·I did not remember.

24· · · · Q.· ·Okay.· The second sentence of the MOU

25· ·states, quote:· "Because CCL training is a

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 15 of 65
·1· ·requirement for the customer service representative

·2· ·position, and because the CCL model is required to

·3· ·properly and uniformly service customers in HEMASS,

·4· ·we will provide you an individual review of the

·5· ·model for you and then work to ensure you are in

·6· ·attendance at the next time CCL is offered."

·7· · · · · · ·Do you see that?

·8· · · · A.· ·Yes.

·9· · · · Q.· ·And do you have any information to dispute

10· ·that the CCL training was in fact mandatory for

11· ·customer service agents in HEMASS?

12· · · · A.· ·I'm sorry.· Say it one more time, please.

13· · · · Q.· ·Sure.· Do you have any reason to dispute

14· ·the statement that the CCL training was mandatory

15· ·for customer service agents in HEMASS?

16· · · · A.· ·No.

17· · · · Q.· ·And do you have any information to dispute

18· ·the statement that we just read, that the purpose of

19· ·the CCL training was to properly and uniformly

20· ·service customers in HEMASS?

21· · · · A.· ·Yes.

22· · · · Q.· ·Why do you dispute that?

23· · · · A.· ·Oh, I'm sorry.· I didn't understand the

24· ·question.· I thought --

25· · · · Q.· ·Okay.· Let me -- Let me ask it again.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 16 of 65
·1· · · · · · ·Do you have any reason to dispute the

·2· ·statement that the purpose of the mandatory CCL

·3· ·training was to properly and uniformly service

·4· ·customers in HEMASS?

·5· · · · A.· ·I did not dispute it.

·6· · · · Q.· ·Okay.· Do you have any information that

·7· ·other HEMASS customer service agents were allowed to

·8· ·miss the mandatory CCL training?

·9· · · · A.· ·Not that I recall.

10· · · · Q.· ·Do you have -- Do you -- Strike that.

11· · · · · · ·Are you aware of whether any other HEMASS

12· ·agents in your department missed the CCL training?

13· · · · A.· ·Possible, yes.

14· · · · Q.· ·Who missed the CCL training?

15· · · · A.· ·I did not recall.· People get sick.

16· · · · Q.· ·Well, I don't want you to guess.· I want

17· ·you to tell me, as you sit here today, if you have a

18· ·specific memory that a co-worker also missed the CCL

19· ·training.

20· · · · A.· ·That, I did not recall.· It possible, yes.

21· · · · Q.· ·Do you know if any HEMASS agents were

22· ·allowed to continue to work in customer service if

23· ·they did not attend the CCL training?

24· · · · A.· ·I'm sorry.· Can you ask that one more

25· ·time, please.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 17 of 65
·1· · · · Q.· ·Sure.· Do you have any information that if

·2· ·a HEMASS customer service agent did not attend CCL

·3· ·training, he or she would have been allowed to

·4· ·continue to work as a customer service agent?

·5· · · · A.· ·I don't recall that.

·6· · · · Q.· ·Was it your understanding that if the CCL

·7· ·training wasn't completed, you may no longer be able

·8· ·to continue to work as a customer service agent?

·9· · · · A.· ·Well, you can retrain it.· We have a

10· ·different class.· I did go to the second training

11· ·class after September.

12· · · · Q.· ·I'm saying if they never completed it.

13· · · · · · ·I'm trying to find out if you understood

14· ·that by saying "mandatory," the CCL class was a

15· ·requirement of being a customer service agent in

16· ·HEMASS.

17· · · · · · ·Did you understand that?

18· · · · A.· ·Yes.

19· · · · Q.· ·Do you know who made the decision to issue

20· ·the July 2014 memorandum of understanding to you?

21· · · · A.· ·It Kimberly.

22· · · · Q.· ·And how do you know she's the one who made

23· ·the decision?

24· · · · A.· ·She call me in office with Peter.

25· · · · Q.· ·And did she tell you that she had made the

Declaration of Leah C. Lively in Support of

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·1· ·decision to issue you the memorandum of

·2· ·understanding?

·3· · · · A.· ·She did that first, before I go into her

·4· ·office.

·5· · · · Q.· ·Okay.· Do you know if she consulted with

·6· ·anyone else in deciding to issue you the memorandum

·7· ·of understanding?

·8· · · · A.· ·Not that I recall.

·9· · · · Q.· ·And do you have any personal knowledge of

10· ·what factors Kimberly considered in deciding to

11· ·issue you the July memorandum of understanding?

12· · · · A.· ·I did not know what Kimberly did in that

13· ·time.

14· · · · Q.· ·You eventually attended the CCL training

15· ·in September of 2014; correct?

16· · · · A.· ·Yes.

17· · · · Q.· ·And after taking it, you agreed that it

18· ·was helpful training for your job as a customer

19· ·service agent in HEMASS; correct?

20· · · · A.· ·Yes.

21· · · · Q.· ·And returning to the second sentence of

22· ·the July memorandum of understanding, it states

23· ·that, essentially, in the interim time between you

24· ·receiving the memo and the next CCL training, Wells

25· ·Fargo would provide you with an individual review of

Declaration of Leah C. Lively in Support of

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·1· ·the CCL model; is that correct?

·2· · · · A.· ·Yes.

·3· · · · Q.· ·And Wells Fargo did that; correct?

·4· · · · A.· ·Yes.

·5· · · · Q.· ·And do you recall that on or around July

·6· ·25th, 2014, Peter LeDonne and Caz Moreland met with

·7· ·you for approximately two hours to provide you a

·8· ·summary of the CCL training?

·9· · · · A.· ·Yes.

10· · · · Q.· ·And during that meeting, you were provided

11· ·with the team member skills handout, call flow

12· ·handout, and CCL training handbook; correct?

13· · · · A.· ·That is correct.

14· · · · Q.· ·And isn't it true that you found this

15· ·individualized training that Mr. LeDonne and

16· ·Ms. Moreland provided to you helpful to you as a

17· ·customer service agent?

18· · · · A.· ·Yes.

19· · · · Q.· ·Would you agree, Mr. Tran, that the

20· ·individual training of the CCL model that you

21· ·received assisted you in succeeding in your job?

22· · · · A.· ·Yes.

23· · · · · · · · · · (Exhibit 65 marked.)

24· · · · · · ·THE WITNESS:· Thank you.

25· · · · · · · · · · (Sotto voce remarks.)

Declaration of Leah C. Lively in Support of

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·1· · · · · · ·MS. LIVELY:· Okay.· Sorry.· What number

·2· ·did you tell us?

·3· · · · · · ·THE REPORTER:· Sixty-five.

·4· · · · · · ·MS. LIVELY:· Sixty-five.

·5· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, the court

·6· ·reporter has handed you what's been marked as

·7· ·Exhibit 65, and I want you to look at the middle

·8· ·part because I realize it's in a format that you may

·9· ·not recognize.

10· · · · · · ·But there appears to be an e-mail from you

11· ·to Peter LeDonne, sent on Friday, July 25th, 2014,

12· ·at 5:30 p.m.· Do you see that?

13· · · · A.· ·Yes.

14· · · · Q.· ·And do you have any reason to dispute that

15· ·that's an e-mail that you sent to Mr. LeDonne on

16· ·July 25th, 2014?

17· · · · A.· ·May I read it?

18· · · · Q.· ·Of course.

19· · · · A.· ·Yes.

20· · · · Q.· ·That's an e-mail that you sent to

21· ·Mr. LeDonne?

22· · · · A.· ·Yes.

23· · · · Q.· ·And were you truthful when you wrote that

24· ·in Exhibit 65?

25· · · · A.· ·Possible, yes.

Declaration of Leah C. Lively in Support of

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·1· · · · Q.· ·Is it possible that you were being

·2· ·untruthful when you wrote that e-mail?

·3· · · · A.· ·I will say yes.

·4· · · · Q.· ·What would -- What would you have been

·5· ·being untruthful about?

·6· · · · A.· ·I mean just -- yes.

·7· · · · Q.· ·I'm not sure what you're saying yes to.

·8· · · · A.· ·Is that what I wrote was help me -- help

·9· ·me to improve the knowledge to communicate with the

10· ·customer, yes.

11· · · · Q.· ·That was truthful?

12· · · · A.· ·Yes.

13· · · · Q.· ·And was it truthful where you said, "I can

14· ·see this training course, that very helpful and that

15· ·make me understand deeply how important to service

16· ·our customer in better way"?

17· · · · A.· ·Yes.

18· · · · Q.· ·And was it truthful that you appreciated

19· ·that Mr. LeDonne and Ms. Moreland had provided you

20· ·with the training?

21· · · · A.· ·Yes.

22· · · · Q.· ·Mr. Tran, are you aware of any other

23· ·HEMASS customer service agents who received

24· ·individualized training like you did on July 25th,

25· ·2014?

Declaration of Leah C. Lively in Support of

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·1· · · · A.· ·Not that I recall.

·2· · · · Q.· ·Mr. Tran, can you think of a reason why,

·3· ·if Mr. LeDonne wanted to get back at you for taking

·4· ·family leave in June, he would take the time to

·5· ·provide you with this individualized training that

·6· ·you found helpful?

·7· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·8· ·speculation.· Compound.

·9· · · · · · ·THE WITNESS:· I didn't understand the

10· ·question.· I'm sorry.

11· · · · Q.· ·BY MS. LIVELY:· Pardon?

12· · · · A.· ·I did not understand the question.· Can

13· ·you explain that for me, please.

14· · · · Q.· ·Sure.· If Mr. LeDonne was hostile to you

15· ·because you took family leave, why would he take the

16· ·time out of his schedule to provide you this

17· ·individualized training?

18· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

19· ·speculation.· Assumes facts not in evidence.

20· · · · · · ·THE WITNESS:· I'm not sure why Peter did

21· ·that.· I'm not sure why he provide it.

22· · · · Q.· ·BY MS. LIVELY:· You don't know why he

23· ·provided it?

24· · · · A.· ·I don't know why he provide it, yes.

25· · · · Q.· ·Wouldn't you agree, Mr. Tran, that if

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· ·Wells Fargo is looking for a way to get rid of you,

·2· ·they would have just had you not take the CCL class

·3· ·and then become ineligible to work in the

·4· ·department?

·5· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·6· ·speculation.· Assumes facts not in evidence.· Calls

·7· ·for a legal conclusion.

·8· · · · · · ·THE WITNESS:· I don't know how to answer

·9· ·that question.

10· · · · Q.· ·BY MS. LIVELY:· Well, in your head, does

11· ·it make sense that, if a company wants to get rid of

12· ·an employee, they would provide training that helps

13· ·that employee succeed?

14· · · · A.· ·That -- Nothing I know of.

15· · · · Q.· ·Okay.· Did it occur to you that

16· ·Mr. LeDonne provided you with the individualized

17· ·training to assist you in doing your job better?

18· · · · · · ·MS. STEPHENSON:· Objection.· Assumes facts

19· ·not in evidence.

20· · · · · · ·THE WITNESS:· I'm sorry.· Can you ask it

21· ·one more time, please.

22· · · · Q.· ·BY MS. LIVELY:· Sure.· Did it occur to you

23· ·that Mr. LeDonne provided you with the

24· ·individualized training to help assist you in doing

25· ·your job better?

Declaration of Leah C. Lively in Support of

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·1· · · · A.· ·Just for coaching purposes.

·2· · · · Q.· ·Right.· To make you --

·3· · · · · · · · · · (Reporter request.)

·4· · · · · · ·THE WITNESS:· For coaching purposes.

·5· · · · Q.· ·BY MS. LIVELY:· Coaching purposes?

·6· · · · A.· ·Yes.

·7· · · · Q.· ·And that would be to help you improve your

·8· ·skills; correct?

·9· · · · A.· ·Possible, yes.

10· · · · Q.· ·Did it occur to you that Ms. Thrush issued

11· ·you the memorandum of understanding to convey to you

12· ·the importance of attending the CCL training?

13· · · · · · ·MS. STEPHENSON:· Objection.· Assumes facts

14· ·not in evidence.· Calls for speculation.

15· · · · · · ·THE WITNESS:· I'm not sure what Kimberly

16· ·issued a memo.· I did not know what she did.

17· · · · Q.· ·BY MS. LIVELY:· Well, was it clear to you,

18· ·after you received the memorandum of understanding,

19· ·that attendance at the CCL training was really

20· ·important?

21· · · · A.· ·Possible, yes.

22· · · · Q.· ·And did you understand, after receiving

23· ·the memorandum of understanding, that if you did not

24· ·attend the CCL training, you may become ineligible

25· ·for working as a customer service agent in HEMASS?

Declaration of Leah C. Lively in Support of

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·1· · · · A.· ·I'm sorry.· Can you repeat it one more

·2· ·time.

·3· · · · Q.· ·Sure.· After receiving the memorandum of

·4· ·understanding, did you realize that if you failed to

·5· ·attend the CCL training, you would become ineligible

·6· ·to work as a customer service agent in HEMASS?

·7· · · · A.· ·Yes.

·8· · · · Q.· ·Did Ms. Thrush tell you that?

·9· · · · A.· ·Ms. Thrush was tolding me is, "If you're

10· ·missing a training class again, I will put you on

11· ·the leave of absence.· You have to go look for

12· ·another job."· She was threatening me in that time

13· ·in her office.

14· · · · Q.· ·And do you have any reason to dispute that

15· ·she would not have had any alternative but to find

16· ·another job, if you didn't complete the mandatory

17· ·training?

18· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

19· ·speculation.

20· · · · · · ·THE WITNESS:· That's all I know what she

21· ·told me.

22· · · · Q.· ·BY MS. LIVELY:· But you don't have any

23· ·reason to think she was lying to you about that

24· ·statement, do you?

25· · · · A.· ·I didn't know what she thinking.

Declaration of Leah C. Lively in Support of

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·1· · · · Q.· ·Did the July memorandum of understanding

·2· ·reduce your rate of pay?

·3· · · · A.· ·I'm sorry.· I didn't hear the question.

·4· · · · Q.· ·Did the July memorandum of understanding

·5· ·cause you to have a reduced rate of pay?

·6· · · · A.· ·You mean reduce in my pay rate?

·7· · · · Q.· ·Correct.

·8· · · · A.· ·No.

·9· · · · Q.· ·Did the July memorandum of understanding

10· ·decrease the number of hours that you worked each

11· ·week at Wells Fargo?

12· · · · A.· ·No, ma'am.

13· · · · Q.· ·Did the July memorandum of understanding

14· ·alter the benefits that you were eligible for or

15· ·received at Wells Fargo?

16· · · · A.· ·That, not that I recall.

17· · · · Q.· ·Did the July memorandum of understanding

18· ·significantly alter your job duties as a customer

19· ·service agent?

20· · · · A.· ·Possible, yes.

21· · · · Q.· ·How did it significantly alter your job

22· ·duties as a customer service agent?

23· · · · A.· ·For better improvement to -- for customer

24· ·service.

25· · · · Q.· ·Oh, okay.· I'm asking something a little

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· ·different.

·2· · · · · · ·I'm asking if you had different job duties

·3· ·after the memorandum of understanding than you did

·4· ·before, or did you essentially have the same job

·5· ·duties?

·6· · · · A.· ·The same job duty, yes.

·7· · · · Q.· ·Okay.

·8· · · · A.· ·I'm sorry.· I didn't understand your

·9· ·question.

10· · · · Q.· ·That's all right.· I figured that.

11· · · · · · ·And did the memorandum of understanding

12· ·make you ineligible for transfer to another

13· ·department?

14· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

15· ·speculation.

16· · · · · · ·THE WITNESS:· I did not understand the

17· ·question.· I'm sorry.

18· · · · Q.· ·BY MS. LIVELY:· Sure.· And, again, if you

19· ·don't know, it's okay to say you don't know.

20· · · · · · ·Did receiving the memorandum of

21· ·understanding make you ineligible for transfer to

22· ·another department?

23· · · · · · ·MS. STEPHENSON:· Calls for speculation.

24· · · · · · ·THE WITNESS:· Not that I recall.

25· · · · Q.· ·BY MS. LIVELY:· Did anyone ever tell you

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· ·that the memorandum of understanding was issued to

·2· ·you because you took Oregon family leave?

·3· · · · A.· ·I'm sorry.· Could you say that one more

·4· ·time.

·5· · · · Q.· ·Sure.· Did anyone at Wells Fargo ever tell

·6· ·you that the reason they issued you the memorandum

·7· ·of understanding was because you had taken Oregon

·8· ·family leave?

·9· · · · A.· ·Yes.

10· · · · Q.· ·Who told you that?

11· · · · A.· ·Peter.

12· · · · Q.· ·What did Peter say?

13· · · · A.· ·Peter said, "The next training class in

14· ·September.· If you not attend with the memo we

15· ·issue, you will get terminated."

16· · · · Q.· ·Okay.· That's -- That's different than the

17· ·question I asked.

18· · · · A.· ·Oh, I'm sorry.

19· · · · Q.· ·It's okay.· The question I asked was:· Did

20· ·somebody say, "The reason we are giving you" -- or

21· ·something to this effect -- "The reason we're giving

22· ·you the memorandum of understanding is because you

23· ·took leave under the Oregon Family Leave Act"?

24· · · · A.· ·That something I did not remember.

25· · · · Q.· ·Okay.· Do you have any information,

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· ·Mr. Tran, that Wells Fargo would not have issued you

·2· ·the memorandum of understanding if you had missed

·3· ·the June CCL training but for a non Oregon family

·4· ·leave reason?

·5· · · · A.· ·I still did not understand that question.

·6· ·I'm sorry, Counsel.

·7· · · · Q.· ·It's okay.· So let's say that you had

·8· ·missed the June CCL training because you went on

·9· ·vacation.· Right?

10· · · · A.· ·Yes.

11· · · · Q.· ·But you missed it because it was a

12· ·vacation.

13· · · · · · ·Do you have any information that Wells

14· ·Fargo would have refrained, would have not given you

15· ·the memorandum of understanding in those

16· ·circumstances?

17· · · · A.· ·I did not know.

18· · · · Q.· ·At the time the memorandum of

19· ·understanding was delivered to you by Ms. Thrush,

20· ·was anyone else present?

21· · · · A.· ·Only Kimberly.

22· · · · Q.· ·And where -- where were you when she gave

23· ·it to you?

24· · · · A.· ·In her office.

25· · · · Q.· ·Is that a closed-door office or a cubicle?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · A.· ·It's a big cubicle.

·2· · · · Q.· ·Do you know whether anyone -- did anyone

·3· ·ever tell you that they overheard that conversation?

·4· · · · A.· ·No one tell me.

·5· · · · Q.· ·When Ms. Thrush gave you the July

·6· ·memorandum of understanding, did she say anything

·7· ·negative about you having -- you having taken Oregon

·8· ·family leave?

·9· · · · A.· ·That, I did not remember.

10· · · · Q.· ·When the July memorandum of understanding

11· ·was given to you, did Ms. Thrush say anything

12· ·negative about your child having been sick in June?

13· · · · A.· ·That something I did not recall.

14· · · · Q.· ·When Ms. Thrush gave you the memorandum of

15· ·understanding, did she mention anything about you

16· ·being Asian?

17· · · · A.· ·No.

18· · · · Q.· ·When Ms. Thrush gave you the memorandum of

19· ·understanding, did she say anything about your

20· ·accent?

21· · · · A.· ·No.

22· · · · Q.· ·Did Kimberly Thrush ever try to discourage

23· ·you from taking family leave?

24· · · · A.· ·I did not recall that.

25· · · · Q.· ·Did you ever apply for any family leave

Declaration of Leah C. Lively in Support of

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·1· ·under the Oregon Family Leave Act, that was denied

·2· ·to you?

·3· · · · A.· ·No.

·4· · · · Q.· ·Did anyone in management at Wells Fargo

·5· ·ever tell you that it was inappropriate for you to

·6· ·take Oregon family leave?

·7· · · · A.· ·Not that I recall.· I don't remember.

·8· · · · Q.· ·Were you aware of other agents on

·9· ·Ms. Thrush's team who had taken Oregon family leave?

10· · · · A.· ·That, I do not know of.

11· · · · Q.· ·Do you remember telling Mr. LeDonne that

12· ·Heather Stone was allowed to take leave when her

13· ·child had pink eye?

14· · · · A.· ·No.

15· · · · Q.· ·Did anyone in management at Wells Fargo

16· ·ever tell you that you could be fired for taking --

17· ·taking Oregon family leave?

18· · · · A.· ·That something I did not remember.

19· · · · Q.· ·Do you have any information that

20· ·Ms. Thrush or Mr. LeDonne took a negative action

21· ·against Ms. Stone because she took Oregon family

22· ·leave?

23· · · · A.· ·I did not know Heather Stone took -- take

24· ·medical leave.· I did not know.

25· · · · Q.· ·Do you have any information that

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· ·Ms. Thrush or Mr. LeDonne took any negative action

·2· ·against you because you took Oregon family leave?

·3· · · · A.· ·I did not recall that.

·4· · · · Q.· ·Did you refuse to sign the memorandum of

·5· ·understanding?

·6· · · · A.· ·Yes.

·7· · · · Q.· ·Why did you refuse to sign it?

·8· · · · A.· ·She did not ask me to sign.· She said, "I

·9· ·want you to read it and I want you to put your

10· ·initial on it."· And I said, "No, I don't have to

11· ·sign on this."

12· · · · Q.· ·Why did you not want to put your initial

13· ·on it?

14· · · · A.· ·Because I don't feel comfortable putting

15· ·my initials on it.

16· · · · Q.· ·Looking at Exhibit 64, today, is there

17· ·anything contained within Exhibit 64 that you

18· ·believe is untrue or inaccurate?· And you can take

19· ·your time to read it again.

20· · · · A.· ·No, I don't believe that the training

21· ·class is in July; it is in June.

22· · · · · · ·Well, she wrote the date July 11, but

23· ·she's stating on the written of July 21st.· We don't

24· ·have no training class in July; it was in June.· So

25· ·this is not correct.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·Well, which sentence are you looking at?

·2· · · · A.· ·She says the date is July 11th, she wrote;

·3· ·but here she said:· "Your team leadership during

·4· ·week of July 21st, 2014."

·5· · · · Q.· ·Oh.· See, that sentence says:· "An

·6· ·individual review of the CCL model will take place

·7· ·with your team leadership during the week of July

·8· ·21st, 2014."· Correct?

·9· · · · A.· ·Yes, what she wrote; but I did not know

10· ·what she mean by that.

11· · · · Q.· ·Okay.· But we already discussed that you

12· ·did have an individual review with Mr. LeDonne and

13· ·Ms. Moreland on July 25th; correct?

14· · · · A.· ·Yes.

15· · · · Q.· ·Okay.· So, aside from that that we just

16· ·talked about, is there anything that you believe is

17· ·incorrect or inaccurate in Exhibit 64, the

18· ·memorandum of understanding?

19· · · · A.· ·Yes.

20· · · · Q.· ·What else is inaccurate?

21· · · · A.· ·No, I agree with it.· Yes.

22· · · · Q.· ·Okay.· Maybe I should ask it a better way.

23· ·I'll go ahead and ask it.· How do I not ask it as a

24· ·negative?

25· · · · · · ·Do you agree that the statements contained

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· ·within Exhibit 64, the memorandum of understanding,

·2· ·are accurate?

·3· · · · A.· ·Yes, I agree.

·4· · · · Q.· ·Okay.· Do you have any information that

·5· ·Wells Fargo considered your report of unlawful

·6· ·activity with regard to concealing lost loan

·7· ·documents as a factor in its decision to issue the

·8· ·July memorandum of understanding?

·9· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

10· ·legal conclusion.· Calls for speculation.

11· · · · · · ·THE WITNESS:· I'm sorry.· I -- Can you

12· ·explain the question.

13· · · · · · ·MS. LIVELY:· Sure.

14· · · · · · ·THE WITNESS:· It's a long question.

15· · · · Q.· ·BY MS. LIVELY:· Sure.· Do you believe that

16· ·you were issued that memorandum of understanding

17· ·because you reported what you believed to be

18· ·unlawful activity with regard to concealing lost

19· ·loan documents?

20· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

21· ·legal conclusion.

22· · · · Q.· ·BY MS. LIVELY:· Go ahead.

23· · · · A.· ·I'm confused a lot with what you're

24· ·saying, the question.

25· · · · Q.· ·Well, in this lawsuit, you have a claim

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· ·that Wells Fargo retaliated against you because you

·2· ·reported what you believed to be unlawful conduct

·3· ·with regard to lost loan documents.

·4· · · · · · ·Do you understand that?· Do you understand

·5· ·that you have that claim?

·6· · · · A.· ·My lawyer write that claim.· I did not

·7· ·remember.· I'm sorry.

·8· · · · Q.· ·Well, do you understand that that's one of

·9· ·your claims?

10· · · · A.· ·Yes.

11· · · · Q.· ·Okay.· So I'm entitled to find out what

12· ·you think, what negative things, in what ways you

13· ·think Wells Fargo retaliated against you for making

14· ·that report.· Okay?· I get to find out what you

15· ·think Wells Fargo did in retaliation "to get back at

16· ·you," in regular English, for making that report.

17· ·And what I'm trying to find out is whether you think

18· ·that the memorandum of understanding was one of the

19· ·things that Wells Fargo did to get back at you for

20· ·making that report.

21· · · · A.· ·That was a possible, yes.

22· · · · Q.· ·Okay.· What do you base that on?

23· · · · A.· ·Based on the e-mail in April 29, and I

24· ·would talk to Peter.· I do not agree with that

25· ·e-mail tell me to deceive the customer and lying.

Declaration of Leah C. Lively in Support of

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·1· ·We discussed with Peter about that and I asked him,

·2· ·"Why did you talk at to send that e-mail?"· He said

·3· ·-- He told me it came from up management.

·4· · · · Q.· ·What I'm trying to find out is if you have

·5· ·any information that ties your receiving the

·6· ·memorandum of understanding to that report.

·7· · · · · · ·Did somebody tell you that you were being

·8· ·issued the memorandum of understanding because you

·9· ·made the report of unlawful activity?

10· · · · · · ·MS. STEPHENSON:· Objection.· Compound.

11· · · · · · ·THE WITNESS:· I still did not understand

12· ·that question.· I'm sorry.

13· · · · Q.· ·BY MS. LIVELY:· Did -- Mr. Tran, did

14· ·anyone ever tell you that the reason that you were

15· ·receiving the memorandum of understanding was

16· ·because you'd made a report of unlawful activity?

17· · · · A.· ·No, did not.

18· · · · Q.· ·Do you have any evidence to support the

19· ·fact that you received the memorandum of

20· ·understanding because you reported unlawful

21· ·activity?

22· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

23· ·legal conclusion.

24· · · · · · ·THE WITNESS:· I still did not understand

25· ·the question.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 37 of 65
·1· ·that question.

·2· · · · Q.· ·BY MS. LIVELY:· Well, do you have any

·3· ·other information, other than the fact that you made

·4· ·a report of unlawful activity, that ties the

·5· ·memorandum of understanding to that report?

·6· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

·7· ·legal conclusion.

·8· · · · · · ·THE WITNESS:· I still do not understand

·9· ·the question.· I'm sorry.

10· · · · Q.· ·BY MS. LIVELY:· Other than the fact that

11· ·you made a report of what you believed to be

12· ·unlawful activity, do you have any information that

13· ·the memorandum of understanding was related to that

14· ·report of unlawful activity?

15· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

16· ·legal conclusion.

17· · · · · · ·THE WITNESS:· I still don't know how to

18· ·answer that question.

19· · · · Q.· ·BY MS. LIVELY:· Well, nobody told you that

20· ·the memorandum was based on your report of unlawful

21· ·activity; correct?

22· · · · A.· ·Yes.

23· · · · Q.· ·Did you ever see any documents that

24· ·suggested that the memorandum of understanding was

25· ·based on your report of unlawful activity?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 38 of 65
·1· · · · A.· ·No.

·2· · · · Q.· ·Did you ever hear any colleagues or

·3· ·co-workers saying that they knew that the memorandum

·4· ·of understanding had been issued to you because

·5· ·you'd made a report of illegal activity?

·6· · · · A.· ·Not that I recall.

·7· · · · · · ·MS. LIVELY:· All right.· Why don't we go

·8· ·ahead and go off the record.

·9· · · · · · ·THE VIDEOGRAPHER:· Going off the record.

10· ·This marks the end of disk 1.· The time is 11:16

11· ·a.m.

12· · · · · · · · · · (Recess.)

13· · · · · · ·THE VIDEOGRAPHER:· Going back on the

14· ·record.· This marks the beginning of media 2.· The

15· ·time is 11:26 a.m.

16· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, we are back on

17· ·the record in your deposition.

18· · · · · · ·Do you realize that you are still under

19· ·oath?

20· · · · A.· ·Yes, ma'am.

21· · · · Q.· ·And, following the break, do you have any

22· ·testimony that you would like to add to or modify?

23· · · · A.· ·No, ma'am.

24· · · · Q.· ·During the time that you worked for Wells

25· ·Fargo, did you understand that the company had a

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 39 of 65
·1· ·team member handbook that applied to you?

·2· · · · A.· ·Yes.

·3· · · · · · ·MS. LIVELY:· All right.

·4· · · · · · · · · · (Exhibit 66 marked.)

·5· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, the court

·6· ·reporter has handed you what's been marked as

·7· ·Exhibit 66, which is a document entitled "Wells

·8· ·Fargo team member handbook," with a date of January

·9· ·2014.

10· · · · · · ·Do you see that?

11· · · · A.· ·Yes.

12· · · · Q.· ·And do you recognize this as the handbook

13· ·that Wells Fargo had in place as of January 2014?

14· · · · A.· ·Yes.

15· · · · · · · · · · (Exhibit 67 marked.)

16· · · · · · ·THE WITNESS:· Thank you.

17· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, the court

18· ·reporter has handed you what's been marked as

19· ·Exhibit 67, which is a document entitled "team

20· ·member acknowledgment" and appears to be signed by

21· ·you on February 16th, 2004.

22· · · · A.· ·Yes.· May I read it?

23· · · · Q.· ·Yes.

24· · · · A.· ·Yes.

25· · · · Q.· ·Do you recognize Exhibit 67, Mr. Tran?

Declaration of Leah C. Lively in Support of

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·1· · · · A.· ·Yes.

·2· · · · Q.· ·And is that your signature above where it

·3· ·states "team member signature"?

·4· · · · A.· ·Yes, ma'am.

·5· · · · Q.· ·And did you sign Exhibit 67 on February

·6· ·16th, 2004?

·7· · · · A.· ·Yes, ma'am.

·8· · · · Q.· ·And did you read Exhibit 67 before you

·9· ·signed it?

10· · · · A.· ·Yes, I did.

11· · · · Q.· ·And the first bullet point towards the top

12· ·of Exhibit 66, there's a paragraph that states:· "I

13· ·have received or understand I will be provided the

14· ·handbook for Wells Fargo team members in hard copy

15· ·and/or be shown how to find it online," period.· "I

16· ·understand that the policies it contains do not

17· ·constitute an expressed or implied contract of

18· ·employment and that employment is at-will," period.

19· ·"I further understand that this" -- "that it is my

20· ·responsibility to read the handbook thoroughly and

21· ·become familiar with its content," period.

22· · · · · · ·Did I read that correctly, Mr. Tran?

23· · · · A.· ·Yes, ma'am.

24· · · · Q.· ·After being hired by Wells Fargo, did you

25· ·read the handbook thoroughly and become familiar

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 41 of 65
·1· · · · · · ·THE VIDEOGRAPHER:· Counselor.

·2· · · · · · ·MS. LIVELY:· Christina.

·3· · · · · · ·THE VIDEOGRAPHER:· Do you have your mike

·4· ·on?· Oh.

·5· · · · Q.· ·BY MS. LIVELY:· This page is entitled

·6· ·"serve Wells Fargo's best interests"; correct?

·7· · · · A.· ·Yes.

·8· · · · Q.· ·And the very last sentence on that page

·9· ·states:· "If you become aware of any violations or

10· ·potential violations of this code of applicable

11· ·laws, rules, or regulations, or of accounting

12· ·standards or controls, you must promptly report such

13· ·activity as described in the ethics line section of

14· ·this code."

15· · · · · · ·Did I read that correctly?

16· · · · A.· ·Yes, ma'am.

17· · · · Q.· ·Mr. Tran, did you ever report any concerns

18· ·regarding lost loan documents to Wells Fargo's

19· ·ethics line?

20· · · · A.· ·No, ma'am.

21· · · · Q.· ·Why not?

22· · · · A.· ·I did not read the handbook.· I did not

23· ·know where to go.

24· · · · Q.· ·In fact, you never reported a possible

25· ·violation of law, rule, or regulation with regard to

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 42 of 65
·1· ·missing customer loan documents to anyone outside of

·2· ·Peter LeDonne, did you?

·3· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

·4· ·legal conclusion.

·5· · · · · · ·THE WITNESS:· I'm sorry.· Say it one more

·6· ·time, please.

·7· · · · Q.· ·BY MS. LIVELY:· Yeah.· You never reported

·8· ·a possible violation of law, rule, or regulation

·9· ·with regard to missing customer loan documents to

10· ·anyone other than Peter LeDonne, did you?

11· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

12· ·legal conclusion.· Assumes facts not in evidence.

13· · · · · · ·THE WITNESS:· This I did not remember.

14· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, I will represent

15· ·to you for purposes of this deposition that we have

16· ·records of 28 separate e-mails that you sent to

17· ·human resources representatives and at least six

18· ·telephone meetings from the last six months of your

19· ·employment with Wells Fargo, and in not one of them

20· ·do you raise the issue of concealing customer loan

21· ·documents.

22· · · · · · ·MS. STEPHENSON:· Objection.· Assumes facts

23· ·not in evidence.· Calls for speculation.· Calls for

24· ·a legal conclusion.

25· · · · Q.· ·BY MS. LIVELY:· Do you have any

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 43 of 65
·1· ·information to dispute that?

·2· · · · A.· ·I did not remember.· It's been for a

·3· ·while, for a long time.

·4· · · · Q.· ·Can you tell me why, Mr. Tran, if you

·5· ·thought Wells Fargo was retaliating against you or

·6· ·reporting unlawful conduct with regard to missing

·7· ·loan documents, you did not raise that issue once in

·8· ·those 34 interactions with human resources that you

·9· ·had?

10· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

11· ·legal conclusion.· Calls -- or assumes facts not in

12· ·evidence.

13· · · · · · ·THE WITNESS:· It's been for a long time.

14· ·I did not remember.

15· · · · Q.· ·BY MS. LIVELY:· Isn't the reason that you

16· ·did not raise the issue of missing customer loan

17· ·documents as a basis for retaliation because you did

18· ·not believe that to be the case when you worked for

19· ·Wells Fargo?

20· · · · · · ·MS. STEPHENSON:· Objection.· Calls for a

21· ·legal conclusion.· Assumes facts not in evidence.

22· · · · Q.· ·BY MS. LIVELY:· Go ahead.

23· · · · A.· ·Yeah, I did not recall it at the time.

24· · · · Q.· ·What do you mean, you didn't recall at the

25· ·time?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· · · · A.· ·I did not remember.· It's been for a

·2· ·while.

·3· · · · Q.· ·Wouldn't you agree, Mr. Tran, that if you

·4· ·thought Wells Fargo were retaliating against you for

·5· ·reporting unlawful conduct with regard to the

·6· ·missing customer loan documents, you would have told

·7· ·somebody at HR about that?

·8· · · · · · ·MS. STEPHENSON:· Objection calls for

·9· ·speculation.· Calls for a legal conclusion.· Assumes

10· ·facts not in evidence.

11· · · · Q.· ·BY MS. LIVELY:· Go ahead.

12· · · · A.· ·Yeah, I did not remember.· I would discuss

13· ·with Peter in the management.

14· · · · Q.· ·Well, I understand that, Mr. Tran.

15· · · · · · ·But wouldn't you agree that you talked to

16· ·human resources several times in 2014 about

17· ·complaints that you were having with your

18· ·management?· Would you agree with that?

19· · · · A.· ·Yeah, Peter and Kim told me and Alan Rose,

20· ·I would discuss about the issue in the e-mail, and

21· ·they told me, "This is handled by the senior

22· ·management.· It's not your concerns."· So he told me

23· ·to do what?· "Follow your management direction."

24· · · · Q.· ·Okay.· And I need you to listen to my

25· ·question and not answer the question that you want

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 45 of 65
·1· · · · · · ·MS. LIVELY:· Yes.

·2· · · · · · ·THE WITNESS:· Thank you.

·3· · · · Q.· ·BY MS. LIVELY:· As you sit here today, do

·4· ·you have any recollection of telling anyone in human

·5· ·resources that you thought you were being retaliated

·6· ·against because you had reported unlawful activity

·7· ·with regard to missing loan documents?

·8· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·9· ·legal conclusion.

10· · · · · · ·THE WITNESS:· I did not remember.· I'm

11· ·sorry.

12· · · · Q.· ·BY MS. LIVELY:· That's okay.

13· · · · · · ·So you're saying you don't remember

14· ·whether you reported something to human resources

15· ·about unlawful activity with regard to missing loan

16· ·documents.· Is that your testimony?

17· · · · A.· ·I did not remember, yes.

18· · · · Q.· ·Do you have any information -- Strike

19· ·that.

20· · · · · · ·As you sit here today, do you have a

21· ·recollection of complaining to Alan Rose about the

22· ·issue related to missing customer loan documents?

23· · · · A.· ·Yes.

24· · · · Q.· ·What do you recall about that?

25· · · · A.· ·I was e-mail Alan, got the permission to

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 46 of 65
·1· ·talk to Alan.· And his secretary e-mail me back, set

·2· ·up the time.· I don't remember exactly what time. I

·3· ·talked to Alan for a few time.· I brought my concern

·4· ·what happened, how Peter treated me.· I would

·5· ·mention about CMP and I would mention about e-mail

·6· ·and I said, "I do not agree, the company tell me to

·7· ·deceive the customer and lie to the customer."· And

·8· ·Alan said, "This is something, it not your concern.

·9· ·So we handle it."

10· · · · Q.· ·So it's your testimony that you complained

11· ·to Alan Rose that the company was deceiving

12· ·customers and lying to the customers?

13· · · · A.· ·Based on the e-mail that was sent out,

14· ·yes.

15· · · · Q.· ·That's on an e-mail that he sent out?

16· · · · A.· ·I think Carl or Peter sent it out. I

17· ·asked Peter, and Peter said it came from the senior

18· ·management.

19· · · · Q.· ·Okay.· I'm trying to get this straight.

20· · · · · · ·Are you testifying that you told Alan Rose

21· ·that Wells Fargo was deceiving and lying to its

22· ·customers?

23· · · · A.· ·Yes, in his office.

24· · · · Q.· ·Okay.· When did you tell him that?

25· · · · A.· ·I don't remember, but in his office.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 47 of 65
·1· · · · Q.· ·Was anyone else present?

·2· · · · A.· ·Only me and Alan.

·3· · · · Q.· ·And was Alan angry with you when you told

·4· ·him that?

·5· · · · A.· ·No.

·6· · · · Q.· ·Did you get along with Alan?

·7· · · · A.· ·We don't talk much, because he's a senior

·8· ·management.

·9· · · · Q.· ·Do you have any reason to believe that

10· ·Alan is not a truthful person?

11· · · · A.· ·It's possible, yes.

12· · · · Q.· ·Based on what?

13· · · · A.· ·Based on what he told me.· I was brought

14· ·my concern to Alan about the e-mail, the phone call

15· ·I took from the customer.· I would mention about a

16· ·document, and he told me this is something I should

17· ·not concern.· He said, "Put that on the side," yes,

18· ·and he said, "Focus on your job."

19· · · · · · ·I would mention where Peter was harassing

20· ·me, he threatened me, yelling; and he said he would

21· ·talk to Peter in his office at that time.

22· · · · Q.· ·How does that make Alan not a truthful

23· ·person?

24· · · · A.· ·He said, when he come back from vacation,

25· ·because he took a vacation, then he will discuss

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 48 of 65
·1· · · · A.· ·Yes.

·2· · · · Q.· ·That's your handwriting; correct?

·3· · · · A.· ·Yes.

·4· · · · Q.· ·Why were you dating this note?

·5· · · · A.· ·I'm not sure.· I don't remember.· This is

·6· ·2014.· Yeah, I did not remember.

·7· · · · Q.· ·Did you white out the date that the doctor

·8· ·had originally put on the note?

·9· · · · A.· ·No date on this -- on this document.

10· · · · Q.· ·You're saying that there was never a date

11· ·on this document?

12· · · · A.· ·Yeah, I don't see any date.

13· · · · Q.· ·Did the doctor give you this document on

14· ·06/26/2014?

15· · · · A.· ·I do not remember.· This has been for a

16· ·while.

17· · · · Q.· ·Is there anything that would help you

18· ·recall what day the doctor gave you this document?

19· · · · A.· ·I did not remember.· Yeah, I don't

20· ·remember what days are.

21· · · · · · · · · · (Exhibit 71 marked.)

22· · · · Q.· ·BY MS. LIVELY:· Mr. Tran, the court

23· ·reporter has handed you what's been marked as

24· ·Exhibit 71, which appears to be a series of e-mails

25· ·between you and Glenda Longren on September 12th,

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 49 of 65
·1· ·2014.

·2· · · · A.· ·Yes.

·3· · · · Q.· ·Do you recognize these e-mails?

·4· · · · A.· ·Yes, I did.

·5· · · · Q.· ·Okay.· And if you look at the e-mail on

·6· ·the top, the most recent one from Ms. Longren to

·7· ·you, dated September 12th, 2014, in the large

·8· ·paragraph there, Ms. Longren states:· "Your

·9· ·attendance was not impacted by your missed days."

10· · · · · · ·Do you see that?

11· · · · A.· ·Yes.· That in the e-mail.

12· · · · Q.· ·Does that refresh your recollection that

13· ·Ms. Longren told you that missing June 26th and 27th

14· ·was not counted against you?

15· · · · A.· ·She has (indiscernible) to show it to me.

16· · · · Q.· ·And then in the second sentence, she says:

17· ·"This memo is also not part of the corrective action

18· ·process."

19· · · · · · ·Do you see that?

20· · · · A.· ·Yes.

21· · · · Q.· ·And do you understand that Ms. Longren was

22· ·telling you that the memorandum of understanding was

23· ·not part of the corrective action process?

24· · · · A.· ·I read e-mail, but I'm not sure I

25· ·understand at that time.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· · · · Q.· ·Did you ask her for clarification?

·2· · · · A.· ·No, I did not.

·3· · · · Q.· ·Do you have any basis to dispute

·4· ·Ms. Longren's statement that the memorandum of

·5· ·understanding was not part of the correction --

·6· ·corrective action process?

·7· · · · A.· ·That what she wrote in e-mail.

·8· · · · Q.· ·Right.· Do you have any basis to dispute

·9· ·that?

10· · · · A.· ·I'm sorry.· Say one more time.

11· · · · Q.· ·Do you have any basis to dispute that

12· ·Ms. Longren is telling you the truth here?

13· · · · A.· ·No, I did not dispute it.

14· · · · Q.· ·And go ahead and read through the e-mail

15· ·that you sent -- not out loud; to yourself -- the

16· ·e-mail that you sent to Ms. Longren on September

17· ·12th, 2014, at 11:45 a.m.

18· · · · A.· ·At 11:45?

19· · · · Q.· ·Uh-huh.· The middle one.

20· · · · A.· ·"Good morning."

21· · · · Q.· ·No, you don't need to read it out loud --

22· · · · A.· ·Oh, I'm sorry.

23· · · · Q.· ·-- Mr. Tran.· I'm just saying to review it

24· ·because I want to ask you a question about it.

25· · · · A.· ·Oh, just review it?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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Case 3:15-cv-00979-BR Document 81 Filed 06/16/17 Page 51 of 65
·1· ·Ms. Longren on August 27th, 2014, at 1:56 p.m.· Do

·2· ·you see that?

·3· · · · A.· ·Yes.

·4· · · · Q.· ·And did you attempt to be honest and

·5· ·accurate in sending this e-mail to Ms. Longren?

·6· · · · A.· ·May I have to read it?

·7· · · · Q.· ·Yes.

·8· · · · A.· ·Yes.· That exactly Peter said in the

·9· ·conference room.

10· · · · Q.· ·What you're -- What you're telling Glenda

11· ·is what Peter said in the conference room?

12· · · · A.· ·That what Peter told me, yes.

13· · · · Q.· ·Okay.· But you -- And would you agree that

14· ·the e-mail that you sent to Glenda on August 27th

15· ·was sent when these events were fresh in your mind?

16· · · · A.· ·I'm sorry.· Are you talking about this

17· ·e-mail or...

18· · · · Q.· ·Yeah.· I'm just saying, did you make the

19· ·e-mail when the events you're discussing are fresh

20· ·in your mind?

21· · · · A.· ·Yes.

22· · · · Q.· ·Okay.· In the second paragraph, you write:

23· ·"I explain to Peter that the FTO checklist from the

24· ·CMP monitor, it change every month.· That make is

25· ·very difficulties to remember everything."

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· · · · · · ·Was that a true statement?

·2· · · · A.· ·It is.

·3· · · · Q.· ·Did you feel like it was difficult to

·4· ·remember everything?

·5· · · · A.· ·Yeah, this has been for a while.· I did

·6· ·not recall this.

·7· · · · Q.· ·Well, do you recall having difficulty,

·8· ·when you were a HEMASS agent, keeping up with

·9· ·remembering everything because the checklist changed

10· ·regularly?

11· · · · A.· ·The checklist, it changing regularly, yes.

12· · · · Q.· ·And do you recall having difficulty

13· ·keeping up with those changes, like you said here in

14· ·Exhibit 75?

15· · · · A.· ·It's possible, yes.

16· · · · Q.· ·And then the next sentence says:· "I bring

17· ·my concern to Peter every month when I have call

18· ·coaching."

19· · · · · · ·Was that an accurate statement?· Did you

20· ·have call coaching with Peter every month?

21· · · · A.· ·Yes.

22· · · · Q.· ·And then if you go down to the next

23· ·paragraph, the next big paragraph, the second

24· ·sentence says:· "Peter also ask me that you have an

25· ·Asian accent that is very difficult for you to talk

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·1· ·time I didn't tell her.

·2· · · · Q.· ·BY MS. LIVELY:· Is the reason that you

·3· ·didn't tell her is because it didn't happen?

·4· · · · · · ·MS. STEPHENSON:· Objection.

·5· ·Argumentative.

·6· · · · · · ·THE WITNESS:· It is happen.

·7· · · · Q.· ·BY MS. LIVELY:· But you just chose not to

·8· ·tell human resources.· Is that your testimony?

·9· · · · A.· ·Possible, yes.

10· · · · · · ·MS. STEPHENSON:· Objection.· Assumes facts

11· ·not in evidence.

12· · · · Q.· ·BY MS. LIVELY:· All right.· If you go on

13· ·to the next sentence, it says:· "Peter ask me, do

14· ·you want to look for another job without being on

15· ·the phone?· I told Peter that I love my job here in

16· ·this department and I enjoyed to help our customer

17· ·with our home equity service.· I am sure this is

18· ·discrimination and retaliation I got from Peter and

19· ·possible from the up manager because I misses two

20· ·days of training class for customer loyalty course

21· ·to stay home and take care of my illness child."

22· · · · · · ·So you're telling -- In that sentence,

23· ·you're telling Ms. Longren that you are sure Peter

24· ·is retaliating against you because you missed the

25· ·CCL training; correct?

Declaration of Leah C. Lively in Support of

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·1· · · · A.· ·Yes.

·2· · · · Q.· ·Not because you reported concealing lost

·3· ·documents from customers; correct?

·4· · · · A.· ·For this point in time, yes.

·5· · · · Q.· ·If you thought Peter was retaliating

·6· ·against you for concealing lost documents, why

·7· ·didn't you say that to Ms. Longren on August 27th

·8· ·when you were making your other complaints?

·9· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

10· ·speculation.

11· · · · · · ·THE WITNESS:· Alan instructed me I

12· ·shouldn't say anything to the human resources

13· ·because wasting time and money for the company.

14· · · · Q.· ·BY MS. LIVELY:· But you hadn't met

15· ·Mr. Rose at the time that you prepared Exhibit 75.

16· ·That was the next day.

17· · · · A.· ·Yeah.· This e-mail is a different issue,

18· ·though.

19· · · · Q.· ·Well, so would it be fair, then, to say

20· ·that you didn't think that what's being addressed

21· ·here, the CMP result, was a result of you reporting

22· ·unlawful conduct with regard to concealed customer

23· ·documents?

24· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

25· ·legal conclusion.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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·1· ·Vietnamese?· Do you not know whether your race is

·2· ·Vietnamese?

·3· · · · A.· ·I am Vietnamese.

·4· · · · Q.· ·Are you aware that Peter LeDonne is half

·5· ·Asian?

·6· · · · A.· ·I did not know.

·7· · · · Q.· ·Knowing that Mr. LeDonne is half Asian,

·8· ·can you think of any reason why he would want to

·9· ·discriminate against other people who are Asian?

10· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

11· ·speculation.

12· · · · · · ·THE WITNESS:· I did not know.

13· · · · Q.· ·BY MS. LIVELY:· Who at Wells Fargo do you

14· ·claim discriminated against you because of your race

15· ·or national origin?

16· · · · A.· ·Can you repeat that question one more

17· ·time, please.

18· · · · Q.· ·Who at Wells Fargo do you claim

19· ·discriminated -- discriminated against you because

20· ·of your race or national origin?

21· · · · A.· ·I'm not sure about that, but I know I was

22· ·complain Peter would tell me I have an Asian accent.

23· · · · Q.· ·Okay.· Did anyone other than Peter LeDonne

24· ·make any comments to you, that you felt were

25· ·negative with regard to being Asian or Vietnamese?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · A.· ·It not that I know of.

·2· · · · Q.· ·I would like you to tell me each comment

·3· ·that Mr. LeDonne made, that you think was negative

·4· ·with regard to your race or national origin; and,

·5· ·like a shopping list, I want to go through each one

·6· ·that you remember him making.

·7· · · · · · ·I don't care if it's in order, but what do

·8· ·you remember Mr. LeDonne saying, that you thought

·9· ·was negative based on your race or national origin?

10· · · · A.· ·Mr. LeDonne always say I'm Asian -- "You

11· ·have a damn Asian accent."· That the only thing I

12· ·know of.

13· · · · Q.· ·"A damn Asian accent"?

14· · · · A.· ·Yes.

15· · · · Q.· ·And how many times did he say it?

16· · · · A.· ·Only one.

17· · · · Q.· ·And do you remember what -- what the

18· ·situation was that he said that, like what was going

19· ·on?

20· · · · A.· ·I didn't remember at this point.

21· · · · Q.· ·Is there anything that you could look at

22· ·that would help you remember what was going on when

23· ·he said that?

24· · · · A.· ·And he would get angry, but I did not

25· ·recall what exactly what it is.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·When -- When Mr. LeDonne would get angry,

·2· ·how did you know he was angry?

·3· · · · A.· ·His eye -- His eye getting really big.

·4· · · · Q.· ·His eyes?

·5· · · · A.· ·His eyeball, yeah.

·6· · · · Q.· ·Okay.

·7· · · · A.· ·And face.

·8· · · · Q.· ·Did you tell Mr. LeDonne he looked like

·9· ·Lionel Richie?

10· · · · A.· ·I don't remember.

11· · · · Q.· ·Other than the one time where Mr. LeDonne

12· ·referenced "your damn Asian accent," were there any

13· ·other comments that he made, that you thought were

14· ·negative with regard to your race or national

15· ·origin?

16· · · · A.· ·That's only one time he would -- he was

17· ·saying, only that one time.

18· · · · Q.· ·Okay.· This is my only chance to get to

19· ·ask you questions.

20· · · · A.· ·Okay.

21· · · · Q.· ·So I just want to make sure that I have

22· ·everything -- everything that Mr. LeDonne said, that

23· ·you believed was improper or negative that he said

24· ·to you about your national origin.

25· · · · · · ·I have the "damn Asian accent" that he

Declaration of Leah C. Lively in Support of

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·1· ·said one time.· Is there anything else that he said?

·2· · · · A.· ·No.

·3· · · · Q.· ·Do you know whether there were any other

·4· ·HEMASS customer service agents who were Asian?

·5· · · · A.· ·I did not recall.

·6· · · · Q.· ·And do you claim that Wells Fargo took any

·7· ·negative actions against you because of your race or

·8· ·national origin?

·9· · · · A.· ·Possible, yes.

10· · · · Q.· ·Okay.· What negative actions do you think

11· ·Wells Fargo took against you because of your race or

12· ·national origin?

13· · · · A.· ·Peter told me that I have "the damn Asian

14· ·accent," just mean, "You are" -- he mean like -- and

15· ·he's the management, he's leadership; and he would

16· ·get angry, yelling, and he make his point really

17· ·clear:· "You have a damn Asian accent."· That mean

18· ·my original nationality is Vietnamese.· That meant

19· ·he make me feel that is a discrimination against my

20· ·origin or where I came from.

21· · · · Q.· ·Okay.· Other than Mr. LeDonne getting

22· ·angry and yelling and referring to "your damn Asian

23· ·accent," did Mr. LeDonne or anyone at Wells Fargo

24· ·take any actions against you as an employee that you

25· ·thought were based on your race or national origin?

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · A.· ·I don't understand the question.· Can you

·2· ·explain it.

·3· · · · Q.· ·Well, do you think Wells Fargo -- anyone

·4· ·at Wells Fargo did something bad to you, took some

·5· ·action, some negative action against you, because of

·6· ·your race or national origin?

·7· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·8· ·speculation.

·9· · · · · · ·THE WITNESS:· That something I do not know

10· ·what people thinking.· I'm sorry.

11· · · · Q.· ·BY MS. LIVELY:· Well, you're the one who

12· ·has a claim in this lawsuit for race discrimination,

13· ·so I'm entitled to find out from you how you think

14· ·you were discriminated against because of your race.

15· ·So that's what I'm trying to find out.· Okay?

16· · · · · · ·What -- What things did Wells Fargo do to

17· ·you, what negative things did Wells Fargo do to you,

18· ·that you think happened because of your race or

19· ·national origin, other than Peter getting angry at

20· ·you and saying you have a "damn Asian accent"?

21· ·Anything else?

22· · · · A.· ·Anything else, I do not recall.

23· · · · Q.· ·Is there anything that you could look at

24· ·that would help you recall?

25· · · · A.· ·That something I do not know.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·So if, at trial, you get asked to testify,

·2· ·"Mr. Tran, how did Wells Fargo discriminate against

·3· ·you based upon your race?" what are you going to

·4· ·say?

·5· · · · · · ·MS. STEPHENSON:· Objection.· Calls for

·6· ·speculation.

·7· · · · Q.· ·BY MS. LIVELY:· Go ahead.

·8· · · · A.· ·I will say, based on what Peter told me,

·9· ·"You have a damn Asian accent," that is meaning I

10· ·came from -- "You are Vietnamese.· You have your

11· ·damn accent.· I couldn't understand you."

12· · · · Q.· ·Anything else?

13· · · · A.· ·(Indiscernible.)

14· · · · Q.· ·Did you ever hear Mr. LeDonne make any

15· ·negative comments about Asians or people from

16· ·Vietnam, that were directed at somebody other than

17· ·you?

18· · · · A.· ·Not that I recall.

19· · · · Q.· ·Did anyone, maybe one of your co-workers,

20· ·tell you that they heard Mr. LeDonne make negative

21· ·comments about Asians or Vietnamese people?

22· · · · A.· ·I did not recall that.

23· · · · Q.· ·Is there anything that you could look at

24· ·that would help you recall that?

25· · · · A.· ·Yeah, I do not know.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·Did anyone at Wells Fargo mention your

·2· ·national origin or being Vietnamese, in connection

·3· ·with issuing you the July memorandum of

·4· ·understanding?

·5· · · · A.· ·That, I did not remember.

·6· · · · Q.· ·Is there anything that would help you

·7· ·remember?

·8· · · · A.· ·I did not remember, not at the time.

·9· · · · Q.· ·Was your Asian accent discussed at all in

10· ·connection with the memorandum of understanding?

11· · · · A.· ·That something I did not recall.

12· · · · Q.· ·Did anyone ever tell you that your

13· ·national origin or race was a factor that Wells

14· ·Fargo considered in deciding to issue you the

15· ·memorandum of understanding?

16· · · · A.· ·Can you repeat the question again,

17· ·Counsel.

18· · · · Q.· ·Sure.· Did anyone ever tell you that your

19· ·race or national origin was a factor that Wells

20· ·Fargo considered in issuing you the memorandum of

21· ·understanding?

22· · · · A.· ·That's -- I did not recall that.

23· · · · Q.· ·And is there anything that you could look

24· ·at that would help you recall?

25· · · · A.· ·I don't remember.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·Do you have any information, from any

·2· ·source, that your national origin or race was a

·3· ·factor that Wells Fargo considered in issuing your

·4· ·memorandum of understanding?

·5· · · · A.· ·Can you repeat it one more time.· I'm

·6· ·sorry.

·7· · · · Q.· ·It's okay.· Do you have any information,

·8· ·from any source, that your national origin or race

·9· ·was a factor that Wells Fargo considered in issuing

10· ·you the memorandum of understanding?

11· · · · A.· ·That, I did not know.

12· · · · Q.· ·I'm sorry.· What did you say?

13· · · · A.· ·I did not know.

14· · · · Q.· ·Okay.· You're very soft-spoken.· Sometimes

15· ·it's hard to hear.

16· · · · A.· ·I'm sorry.

17· · · · Q.· ·It's okay.· Did anyone at Wells Fargo

18· ·mention your race or national origin when you were

19· ·issued the August 26th informal warning for CMP

20· ·results?

21· · · · A.· ·Not that I know of.

22· · · · Q.· ·Did anyone mention your Asian accent in

23· ·connection with the August 26th, 2014, informal

24· ·warning for CMP results?

25· · · · A.· ·That something I did not remember.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·Is there anything that you could look at

·2· ·that would help you remember?

·3· · · · A.· ·It's been for a while, so I'm sorry.

·4· · · · Q.· ·Is there anything you can think of, as you

·5· ·sit here today, that would help you remember?

·6· · · · A.· ·Not at this point.

·7· · · · Q.· ·Did anyone ever tell you that your

·8· ·national origin or race was a factor that Wells

·9· ·Fargo considered in issuing you the August 26th

10· ·informal warning?

11· · · · A.· ·I'm not sure about that.

12· · · · Q.· ·Do you have any information, from any

13· ·source, that your national origin or race was a

14· ·factor that Wells Fargo considered in issuing you

15· ·the August 26th, 2014, informal warning?

16· · · · A.· ·That something I did not remember.· It

17· ·been for a long time.

18· · · · Q.· ·Okay.· And is there anything that you

19· ·could look at that would help you remember?

20· · · · A.· ·I don't remember at the time.

21· · · · Q.· ·And what about the September 23rd, 2014,

22· ·informal warning?· Did anyone mention your race or

23· ·national origin when they delivered that warning to

24· ·you?

25· · · · A.· ·I did not remember.

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

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·1· · · · Q.· ·And is there anything that you could look

·2· ·at that would help you remember?

·3· · · · A.· ·It been for a long time, so...

·4· · · · Q.· ·Nothing you can think of?

·5· · · · A.· ·Yeah, nothing I can think of at the time.

·6· ·I'm sorry.

·7· · · · Q.· ·It's okay.· Did anyone mention your Asian

·8· ·action in connection with the September 23rd, 2014,

·9· ·informal warning?

10· · · · A.· ·That something I did not recall it.

11· · · · Q.· ·Did anyone tell you that your race or

12· ·national origin was a factor in Wells Fargo's

13· ·decision to issue you the September 23rd, 2014,

14· ·informal warning?

15· · · · A.· ·That's -- Not that I know of.· I do not

16· ·recall that.

17· · · · Q.· ·Do you have any information, from any

18· ·source, that your race or national origin was a

19· ·factor that Wells Fargo considered in issuing the

20· ·September 23rd, 2014, informal warning?

21· · · · A.· ·I did not recall.

22· · · · Q.· ·Do you have any personal knowledge of what

23· ·factors Wells Fargo considered in deciding to issue

24· ·you the September 23rd, 2014, informal warning?

25· · · · A.· ·It's been for a while now, so it's hard

Declaration of Leah C. Lively in Support of

Defendant's Motion for Summary Judgment

EXHIBIT 3

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