EXHIBIT 1 

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 1 of 225 PageID #:161
-J[B(SBZ1MBJOUJGGBOE'PSNFS)$3FNQMPZFF

In the Matter Of:

LIZA GRAY

-vMANORCARE HEALTH SERVICES, LLC

____________________________________________________

Liza Gray

September 23, 2021

_____________________________________________________

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∑1∑∑∑∑∑∑∑∑UNITED STATES DISTRICT COURT

∑∑∑∑∑∑∑∑∑NORTHERN DISTRICT OF ILLINOIS

∑2∑∑∑∑∑∑∑∑∑∑∑EASTERN DIVISION

∑3

∑4

∑∑LIZA GRAY,∑∑∑∑∑∑∑∑∑∑)

∑5∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑)

∑∑∑∑∑∑∑∑Plaintiff,∑∑∑∑)

∑6∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑)

∑∑∑∑∑∑∑-v-∑∑∑∑∑∑∑∑∑) CAUSE NO.

∑7∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑) 20-CV-02466

∑∑MANORCARE HEALTH SERVICES,∑∑)

∑8∑LLC, DOING BUSINESS AS HCR∑∑)

∑∑MANORCARE HEALTH SERVICES,∑∑)

∑9∑LLC,∑∑∑∑∑∑∑∑∑∑∑∑∑)

∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑)

10∑∑∑∑∑∑∑Defendant.∑∑∑∑)

11

12∑∑∑∑∑The videoconference deposition upon oral

13∑examination of LIZA GRAY, a witness produced and

14∑remotely sworn by me, Grace E. Roh, Notary Public in

15∑and for the County of Marion, State of Indiana, taken

16∑on behalf of the Defendant via Zoom on September 23,

17∑2021, at 11:11 a.m., pursuant to the Federal Rules of

18∑Civil Procedure.

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24∑∑∑∑∑∑∑STEWART RICHARDSON & ASSOCIATES

∑∑∑∑∑∑∑∑Registered Professional Reporters

25∑∑∑∑∑∑∑∑∑∑∑∑(800)869-0873

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∑1∑∑∑∑∑∑∑∑∑∑∑∑APPEARANCES

∑2∑FOR THE PLAINTIFF:

∑3∑∑∑∑Ethan E. White, Esq.

∑∑∑∑∑EMERY LAW, LTD.

∑4∑∑∑∑2021 Midwest Road

∑∑∑∑∑Suite 200

∑5∑∑∑∑Oak Brook, IL 60523

∑6

∑∑FOR THE DEFENDANT:

∑7

∑∑∑∑∑Peter T. Tschanz, Esq.

∑8∑∑∑∑LITTLER MENDELSON, P.C.

∑∑∑∑∑111 Monument Circle

∑9∑∑∑∑Suite 702

∑∑∑∑∑Indianapolis,∑IN∑46204

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∑1∑∑∑∑∑∑∑∑∑∑INDEX OF EXAMINATION

∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑PAGE

∑2∑∑EXAMINATION

∑3∑∑∑∑Questions By Mr. Tschanz:∑∑∑∑∑∑∑∑∑∑4

∑4

∑5

∑6∑∑∑∑∑∑∑∑INDEX OF DEFENDANT'S EXHIBITS

∑7∑NUM.∑∑∑∑∑∑DESCRIPTION∑∑∑∑∑∑∑∑∑∑PAGE

∑8

∑∑Exhibit 1∑∑Plaintiff's Response to∑∑∑∑∑∑∑24

∑9∑∑∑∑∑∑∑∑Defendant's First Set of

∑∑∑∑∑∑∑∑∑Interrogatories

10

∑∑Exhibit 2∑∑Plaintiff's Response to∑∑∑∑∑∑∑24

11∑∑∑∑∑∑∑∑Defendant's First Set of

∑∑∑∑∑∑∑∑∑Requests for Production

12

∑∑Exhibit 3∑∑Policy Handbook∑∑∑∑∑∑∑∑∑∑∑26

13

∑∑Exhibit 4∑∑Plaintiff's E-mail∑∑∑∑∑∑∑∑∑33

14

∑∑Exhibit 5∑∑6/6/18 Doctor's Note∑∑∑∑∑∑∑∑70

15

∑∑Exhibit 6∑∑6/12/18 Doctor's Note∑∑∑∑∑∑∑∑91

16

∑∑Exhibit 7∑∑FMLA Request Paperwork∑∑∑∑∑∑∑101

17

∑∑Exhibit 8∑∑Non-FMLA Leave Request Form∑∑∑∑113

18

∑∑Exhibit 9∑∑Social Security Approval∑∑∑∑∑∑120

19

∑∑Exhibit 10∑∑Charge of Discrimination∑∑∑∑∑∑124

20

∑∑Exhibit 11∑∑Right to Sue Notice∑∑∑∑∑∑∑∑140

21

∑∑Exhibit 12∑∑Complaint∑∑∑∑∑∑∑∑∑∑∑∑∑∑97

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∑1∑∑∑∑∑THE REPORTER:∑My name is Grace Roh, an

∑2∑∑∑associate of Stewart Richardson & Associates, One

∑3∑∑∑Indiana Square, Suite 2425, Indianapolis, Indiana.

∑4∑∑∑Today's date is September 23, 2021.∑The time is

∑5∑∑∑11:11 a.m.∑This deposition is being held remotely

∑6∑∑∑via Zoom videoconference.∑The deponent's name is

∑7∑∑∑Liza Gray.

∑8∑∑∑∑∑Will counsel please identify themselves and

∑9∑∑∑persons present with you for the record.

10∑∑∑∑∑MR. WHITE:∑Ethan White for the plaintiff.

11∑∑∑∑∑MR. TSCHANZ:∑Peter Tschanz, T-S-C-H-A-N-Z for

12∑∑∑the defendant.∑No one is present but myself.

13∑∑∑∑∑MR. WHITE:∑Same here.

14∑∑∑∑∑∑∑∑∑∑∑∑LIZA GRAY,

15∑having been first duly sworn to tell the truth, the

16∑whole truth, and nothing but the truth, was examined

17∑and testified as follows:

18∑EXAMINATION

19∑BY MR. TSCHANZ:

20∑Q∑All right.∑Good morning, Ms. Gray.∑My name is

21∑∑∑Peter Tschanz.∑I'm counsel for the defendant with

22∑∑∑regard to the lawsuit that you filed.∑Will you

23∑∑∑understand I'm referring to ManorCare when I

24∑∑∑reference the defendant or HCR?

25∑A∑Yes.

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∑1∑Q∑And I know you had just done this for the court

∑2∑∑∑reporter, but just so we have it on the record, can

∑3∑∑∑you again please state and spell your name.

∑4∑A∑My -- well, my legal name, first name, is spelled

∑5∑∑∑L-I-S-A on my birth certificate, but I spelled it

∑6∑∑∑L-I-Z-A.∑It's pronounced Liza.∑Last name,

∑7∑∑∑G-R-A-Y.

∑8∑Q∑Thank you.∑Do you go by any other aliases?

∑9∑A∑No.

10∑Q∑Or any aliases other than the Liza with the Z?

11∑A∑No.∑No.

12∑Q∑Have you ever given a deposition before, Ms. Gray?

13∑A∑Yes.

14∑Q∑I'm sorry.∑Can you say that again?

15∑A∑Yes.

16∑Q∑Okay.∑When did you sit for a deposition?

17∑A∑It's been many years ago.

18∑Q∑I guess I should ask, how many times have you sat

19∑∑∑for a deposition?

20∑A∑I believe it was three.

21∑Q∑Three times?∑Okay.∑Were they different cases?

22∑A∑Yes.∑They -- yes.

23∑Q∑Let's just go through each one of them quickly.

24∑∑∑The first deposition that you participated in, what

25∑∑∑was the nature of the case?

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∑1∑A∑They were -- all three of them were lawsuits

∑2∑∑∑regarding patients.∑And they deposed me and wanted

∑3∑∑∑to speak to me regarding my documentation.

∑4∑Q∑And what do you mean by documentation?

∑5∑A∑In the patient's progress note.

∑6∑Q∑Okay.∑So were they in the nature of medical

∑7∑∑∑malpractice lawsuits?

∑8∑A∑Not against me, against some of the facilities that

∑9∑∑∑I worked at.∑They were hospitals.

10∑Q∑Okay.∑So you were not a party to any of those --

11∑∑∑you were not a party in those cases when you sat

12∑∑∑for a deposition?

13∑A∑I was not.

14∑Q∑Okay.∑Okay, Ms. Gray.∑The purpose of today's

15∑∑∑deposition is to discuss the facts and evidence you

16∑∑∑claim support your case with respect to the lawsuit

17∑∑∑that you filed.∑Do you understand you're providing

18∑∑∑testimony under oath today?

19∑A∑I do.

20∑Q∑Okay.∑Do you understand the testimony you're

21∑∑∑providing today is subject to the penalties of

22∑∑∑perjury just as if you were testifying live in a

23∑∑∑courtroom?

24∑A∑I do.

25∑Q∑So ordinarily, I would be sitting in a conference

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∑1∑∑∑room with you and we would -- and Mr. White would

∑2∑∑∑be there as well with the court reporter.∑But

∑3∑∑∑obviously with the circumstances around the

∑4∑∑∑pandemic, we're doing a lot of these depositions

∑5∑∑∑remote, which is what we're doing today.

∑6∑∑∑∑∑So we've made those necessary adjustments.

∑7∑∑∑But do you understand that despite your deposition

∑8∑∑∑being conducted by video, you are still under

∑9∑∑∑penalties of perjury just as if you were taking a

10∑∑∑deposition in person?

11∑A∑Absolutely.∑I absolutely know that.

12∑Q∑Okay.∑And is there anything about providing

13∑∑∑deposition testimony through video that would

14∑∑∑prevent you from testifying truthfully today?

15∑A∑(Inaudible) not.

16∑∑∑∑∑MR. TSCHANZ:∑Okay.∑And your audio is kind of

17∑∑∑cutting in and out.

18∑∑∑∑∑Is that just on my end or is everyone

19∑∑∑experiencing that?

20∑∑∑∑∑MR. WHITE:∑You know, Liza and I -- Liza and I

21∑∑∑did a practice run yesterday and it happened a

22∑∑∑little bit too.

23∑∑∑∑∑I think you just need to keep your voice up

24∑∑∑and kind of stay close to the computer because

25∑∑∑that's where the microphone is.

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∑1∑∑∑∑∑THE WITNESS:∑Yeah.∑Can you hear me clear --

∑2∑∑∑∑∑MR. WHITE:∑Yes.

∑3∑∑∑∑∑THE WITNESS:∑Can you hear me?

∑4∑∑∑∑∑MR. WHITE:∑That's much better.

∑5∑∑∑∑∑MR. TSCHANZ:∑Yes.

∑6∑∑∑∑∑THE WITNESS:∑Okay.

∑7∑∑∑∑∑MR. TSCHANZ:∑Thank you.

∑8∑∑∑∑∑THE WITNESS:∑If you can't, can you just let

∑9∑∑∑me know?

10∑∑∑∑∑MR. WHITE:∑Yes.

11∑∑∑∑∑MR. TSCHANZ:∑Yes.∑We absolutely will.∑And I

12∑∑∑just didn't know if that was something on my end.

13∑∑∑So I'm glad that we can kind of clear that up.

14∑∑∑∑∑And I guess in that same vein, I will let you

15∑∑∑know if there's any sort of technical difficulties

16∑∑∑that I'm experiencing on my end.∑If you cannot

17∑∑∑hear any of my questions due to a technical

18∑∑∑difficulty, please let me know and we'll do our

19∑∑∑best to work through that; do you understand?

20∑∑∑∑∑THE WITNESS:∑I do.

21∑BY MR. TSCHANZ:

22∑Q∑Ms. Gray, are you under the influence of any

23∑∑∑medication or substance that would prevent you from

24∑∑∑providing complete and truthful testimony today?

25∑A∑(Inaudible).

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∑1∑Q∑I'm sorry.∑What was that?

∑2∑A∑No.

∑3∑∑∑∑∑THE REPORTER:∑Sorry.∑Can I interject for a

∑4∑∑∑second?∑I think what's happening is when she

∑5∑∑∑answers too quickly, the audio doesn't come

∑6∑∑∑through.∑So she could give a little pause after

∑7∑∑∑your question and then give an answer.∑I think

∑8∑∑∑that'll help the audio situation a tiny bit.

∑9∑∑∑∑∑MR. TSCHANZ:∑And alternatively, there is a

10∑∑∑dial-in option as well.∑Would that be helpful, do

11∑∑∑you think?

12∑∑∑∑∑THE REPORTER:∑Yes.∑There's no delay with a

13∑∑∑phone dial-in.

14∑∑∑∑∑MR. WHITE:∑So Liza, maybe what makes sense is

15∑∑∑you're going to mute your audio and then we're

16∑∑∑going to give you a phone number to call in to.

17∑∑∑∑∑THE WITNESS:∑Okay.

18∑∑∑∑∑MR. WHITE:∑Because the audio is kind of

19∑∑∑cutting in and out a little bit.∑So that will --

20∑∑∑that will make it better.∑Let me just pull up that

21∑∑∑information.

22∑∑∑∑∑MR. TSCHANZ:∑Do you want to go off the record

23∑∑∑and then --

24∑∑∑∑∑MR. WHITE:∑Yeah.

25∑∑∑∑∑(Discussion was held off the record.)

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∑1∑∑∑∑∑(Witness reconnected telephonically.)

∑2∑BY MR. TSCHANZ:

∑3∑Q∑All right.∑Ms. Gray, it looks like we've worked

∑4∑∑∑through those technical issues so we're back on the

∑5∑∑∑record.

∑6∑∑∑∑∑And do you understand despite taking a break,

∑7∑∑∑you're still subject to penalty of perjury --

∑8∑A∑Yes, I understand that.

∑9∑Q∑-- with regard to your testimony?

10∑∑∑∑∑And I ask asked this before but the audio cut

11∑∑∑out, so I'm just going to ask it again.∑Are you

12∑∑∑under the influence of any medication or substance

13∑∑∑that would prevent you from providing complete and

14∑∑∑truthful testimony today?

15∑A∑I am not.

16∑Q∑Is there anything bothering you today more so than

17∑∑∑any other day that would prevent you from providing

18∑∑∑complete and truthful testimony?

19∑A∑No.

20∑Q∑Okay.∑Is there any medical condition you are

21∑∑∑suffering from that would prevent you from

22∑∑∑understanding my questions or providing truthful

23∑∑∑testimony?

24∑A∑No.

25∑Q∑All right.∑I want to take a few minutes to run

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∑1∑∑∑through some ground rules, make sure things run

∑2∑∑∑smoothly, Ms. Gray.

∑3∑∑∑∑∑So you see we have a court reporter

∑4∑∑∑documenting our conversation.∑Our court reporter

∑5∑∑∑can only document audible responses, and you've

∑6∑∑∑been doing a really great job of this so far.

∑7∑∑∑∑∑So in other words, the court reporter can't

∑8∑∑∑document head nods or inaudible responses.∑So I

∑9∑∑∑ask that you provide audible responses when

10∑∑∑answering my questions.∑Do you agree to do that?

11∑A∑I do.

12∑Q∑Thank you.∑And additionally, the court reporter

13∑∑∑cannot document our discussion if we talk over each

14∑∑∑other.∑So I ask that we -- that you wait until I

15∑∑∑complete my question before providing your answer.

16∑∑∑And I will, of course, provide you with the same

17∑∑∑courtesy when you're answering my question; do you

18∑∑∑understand?

19∑A∑I do.

20∑Q∑Okay.∑And, Ms. Gray, the deposition isn't intended

21∑∑∑to be a marathon by any stretch of the imagination.

22∑∑∑So if you have to take a break at any time, please

23∑∑∑let me know.∑I only ask that we take a break at

24∑∑∑the next logical point in my line of questioning;

25∑∑∑do you understand?

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∑1∑A∑Yes.

∑2∑Q∑Okay.∑And then if we do take a break, do you

∑3∑∑∑understand that you will still be under oath and

∑4∑∑∑obligated to provide truthful testimony when we

∑5∑∑∑resume?

∑6∑A∑I do.

∑7∑Q∑Now, at some points during your deposition,

∑8∑∑∑Ms. Gray, you might hear your lawyer object to some

∑9∑∑∑of the questions I ask.∑Unless your lawyer

10∑∑∑instructs you not to answer, you're required to

11∑∑∑answer the question that I have asked; do you

12∑∑∑understand?

13∑A∑No.∑If I heard what you said -- you said if he

14∑∑∑objects, then I'm still required to answer your

15∑∑∑question?

16∑Q∑Did you -- is it a matter of not hearing the

17∑∑∑question or do you just need clarification to

18∑∑∑understand?

19∑A∑Clarification, please.

20∑Q∑Perfect.∑Mr. White may -- a certain objection on

21∑∑∑the record if he disagrees with a question that I

22∑∑∑may ask.∑But you're nonetheless required to answer

23∑∑∑the question unless Mr. White specifically

24∑∑∑instructs you not to answer.

25∑∑∑∑∑So for example -- and I would never do this,

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∑1∑∑∑and I'm sure Ethan wouldn't as well.∑If I were to

∑2∑∑∑ask you what you had discussed with Mr. White to

∑3∑∑∑prepare for your deposition, I'm very confident

∑4∑∑∑Ethan would object and say that's privileged

∑5∑∑∑attorney-client communication and tell you not to

∑6∑∑∑answer; okay?

∑7∑∑∑∑∑If Mr. White, for example, disagreed with the

∑8∑∑∑way that I phrased a question or thought it might

∑9∑∑∑be confusing, he might object for the record so at

10∑∑∑a later time, it might get raised with a judge.

11∑∑∑But you nonetheless will still have to answer the

12∑∑∑question unless he instructs you not to do so.

13∑∑∑Does that help clarify?

14∑A∑Yes.∑Yes, it does.

15∑Q∑And then, obviously, you know, if you don't

16∑∑∑understand a question -- and we just went through

17∑∑∑this -- just ask me to rephrase it.∑Happy to do

18∑∑∑that.

19∑∑∑∑∑But if you don't tell me that you do not

20∑∑∑understand a question, I'm going to assume that you

21∑∑∑understood it.∑Do you --

22∑A∑Okay.

23∑Q∑Is that fair?∑Okay.

24∑A∑Yes.

25∑Q∑Without getting into anything that you discussed

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∑1∑∑∑with your lawyer because I'm not entitled to that,

∑2∑∑∑nor do I want to hear any of your discussion or the

∑3∑∑∑content of your discussions, what have you done to

∑4∑∑∑prepare for today's deposition?

∑5∑A∑Well, I just talked to my attorney regarding what

∑6∑∑∑the deposition --

∑7∑Q∑I do not want to hear anything about the content of

∑8∑∑∑your discussion.∑So let me -- let me -- let me ask

∑9∑∑∑a follow-up question.∑Did you review any

10∑∑∑documents?

11∑A∑Yes, the interrogatories.

12∑Q∑Any other documents?

13∑A∑No.

14∑Q∑Okay.∑And again, without telling me anything you

15∑∑∑discussed with Mr. White, did you meet with him to

16∑∑∑prepare for today's deposition?

17∑A∑No.

18∑Q∑Okay.∑When did you retain Mr. White as your

19∑∑∑counsel?

20∑A∑I don't know the date.

21∑Q∑Was it prior to -- was it prior to filing a charge

22∑∑∑of discrimination with an administrative agency?

23∑A∑I can't tell you that.∑I don't know.

24∑Q∑And how are you compensating Mr. White for your

25∑∑∑services as your lawyer?

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∑1∑A∑I --

∑2∑∑∑∑∑MR. WHITE:∑I would object.∑That's

∑3∑∑∑attorney-client privilege.

∑4∑∑∑∑∑Don't answer.

∑5∑∑∑∑∑MR. TSCHANZ:∑I'll move on.∑I disagree.∑But,

∑6∑∑∑Ethan, I obviously am not interested in prolonging

∑7∑∑∑the deposition more than it has to be.

∑8∑BY MR. TSCHANZ:

∑9∑Q∑Ms. Gray, what is your marital status?

10∑A∑I'm married.

11∑Q∑Do you have any children?

12∑A∑I do not.

13∑Q∑Where do you currently reside?

14∑A∑I live in Justice, Illinois.

15∑Q∑Okay.∑What is your address?

16∑A∑7998 South 84th Avenue, Justice, Illinois 60458.

17∑Q∑And who resides with you at this address?

18∑A∑My husband, myself, and I have animals.

19∑Q∑Okay.∑So a few minutes ago, we talked about the

20∑∑∑three depositions that you participated in.∑My

21∑∑∑understanding of your testimony is that you were

22∑∑∑not a party to those lawsuits.∑Am I -- am I

23∑∑∑understanding your prior testimony correctly?

24∑A∑That's correct.

25∑Q∑Okay.∑Other than this lawsuit, have you ever been

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∑1∑∑∑a party to any civil matter?

∑2∑A∑No.

∑3∑Q∑Okay.∑Have you ever been a witness -- well, strike

∑4∑∑∑that.∑Other than the three depositions you

∑5∑∑∑participated in, have you ever been a witness in a

∑6∑∑∑civil matter?

∑7∑A∑No.

∑8∑Q∑Okay.∑Have you ever been a party in a criminal

∑9∑∑∑matter?

10∑A∑No.

11∑Q∑Okay.∑Have you ever been a witness in a criminal

12∑∑∑matter?

13∑A∑I understand the question, but I have a question

14∑∑∑and I don't know if that's okay to ask.

15∑Q∑Well, I'm the one asking the questions right now.

16∑∑∑Obviously, if you need to clarify anything, happy

17∑∑∑to do it.∑But you said you understood the

18∑∑∑question, so I'm just going to --

19∑A∑Well --

20∑Q∑I'm going to say it again and then we can just make

21∑∑∑sure we're on the same page. I just asked you if

22∑∑∑you had ever been a witness in a criminal matter.

23∑A∑Can you define the word "witness"?

24∑Q∑Sure.∑Not a party, not a defendant in a criminal

25∑∑∑matter, a criminal action where you were asked to

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∑1∑∑∑provide testimony or your account of something that

∑2∑∑∑was considered relevant to the underlying criminal

∑3∑∑∑action.

∑4∑A∑And would that have been in a court of law?

∑5∑Q∑It could have been in a court of -- we'll leave it

∑6∑∑∑at -- as a court of law, correct.

∑7∑A∑No.

∑8∑Q∑Okay.∑Have you ever been convicted of a crime?

∑9∑A∑No.

10∑Q∑Have you ever filed for bankruptcy, Ms. Gray?

11∑A∑I did, yes.∑I did.

12∑Q∑Okay.∑And when did you file for bankruptcy?

13∑A∑I don't remember the date.

14∑Q∑Was it after your employment with HCR?

15∑∑∑∑∑MR. WHITE:∑Object to form.

16∑A∑No.∑It was at -- no.

17∑Q∑Okay.∑Do you recall what -- was it a Chapter 7

18∑∑∑bankruptcy or was it a Chapter 13?∑Do you remember

19∑∑∑what --

20∑A∑I don't.∑It was so, so many years ago.

21∑Q∑Okay.∑Do you recall the jurisdiction?

22∑A∑You mean the geographic area?

23∑Q∑Sure.

24∑A∑It was downtown in the city of Chicago.

25∑Q∑Okay.∑Are you planning on filing for bankruptcy at

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∑1∑∑∑any point in the future?

∑2∑A∑I hope not to.

∑3∑Q∑Other than the administrative charge you filed

∑4∑∑∑prior to initiating this lawsuit, have you ever

∑5∑∑∑filed any other charges or administrative

∑6∑∑∑complaints against any employer?

∑7∑A∑No.

∑8∑Q∑Okay.∑And did you graduate from high school,

∑9∑∑∑Ms. Gray?

10∑A∑Yes.

11∑Q∑Okay.∑Where did you attend?

12∑A∑Morton West Junior -- High School in Berwyn.

13∑Q∑Okay.∑And did you -- and I'm assuming -- I'm

14∑∑∑familiar with your background and -- some of your

15∑∑∑background and credentials, but I'll ask this

16∑∑∑anyway.∑Did you attend college?

17∑A∑I did.

18∑Q∑And where was that?

19∑A∑That was Morton College.

20∑Q∑And what -- did you obtain any degrees or

21∑∑∑certifications?

22∑A∑Two degrees.∑An associate's in applied science of

23∑∑∑nursing as an RN and an associate's in science

24∑∑∑degree and multiple further education, courses, and

25∑∑∑things like that for CEUs.

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∑1∑Q∑Okay.∑When you say RN, are you referring to

∑2∑∑∑registered nurse?

∑3∑A∑Yes, I am.

∑4∑Q∑And then when you -- I think you said CEU?

∑5∑A∑CEUs.∑Those are required by the State of Illinois.

∑6∑∑∑They're part of your licensure requirement.∑And I

∑7∑∑∑also took online classes and things just to further

∑8∑∑∑my education and expand my knowledge base.

∑9∑Q∑Okay.∑And CEU would be continuing education --

10∑∑∑what does that stand for, CEU?

11∑A∑I believe -- because I don't know what the U stands

12∑∑∑for.∑I think they consider it a unit of measure.

13∑Q∑Okay.

14∑A∑Because it's given a number.

15∑Q∑All right.∑Okay.∑Ms. Gray, what I'm going to

16∑∑∑attempt to do right now is I'm going to share my

17∑∑∑screen so we can talk about some of the exhibits

18∑∑∑that I provided your counsel and the court

19∑∑∑reporter.∑So let me go ahead and get that.

20∑∑∑∑∑THE WITNESS:∑I can't hear you for some

21∑∑∑reason.

22∑∑∑∑∑MR. TSCHANZ:∑No, I stopped talking.∑I'm

23∑∑∑sorry.∑I was trying to make sure I'm sharing the

24∑∑∑correct screen here.

25∑∑∑∑∑THE WITNESS:∑Oh, okay.∑It says some kind of

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∑1∑∑scan is running.∑Is that -- would that come up or

∑2∑∑should I X out of that?∑Is that my virus scan --

∑3∑∑∑∑MR. WHITE:∑Yeah.

∑4∑∑∑∑THE WITNESS:∑-- that's doing that?

∑5∑∑∑∑MR. WHITE:∑No, you should --

∑6∑∑∑∑THE WITNESS:∑Should I go back --

∑7∑∑∑∑MR. WHITE:∑You should just see a document on

∑8∑∑the screen now with a bunch of faces over on the

∑9∑∑side.

10∑∑∑∑THE WITNESS:∑I don't see anything.

11∑∑∑∑MR. TSCHANZ:∑Ethan, do you see what I'm

12∑∑sharing?

13∑∑∑∑MR. WHITE:∑Yeah.∑I see the complaint, yeah.

14∑∑∑∑Liza, are you still there?∑Now it looks like

15∑∑your video froze.

16∑∑∑∑THE WITNESS:∑I'm here.∑I'm here.∑I'm here.

17∑∑Can you hear me?

18∑∑∑∑MR. WHITE:∑We can hear you, but it looks like

19∑∑your video froze.∑So I'm wondering if something's

20∑∑wrong.

21∑∑∑∑THE WITNESS:∑That's because this AVG scan --

22∑∑∑∑MR. WHITE:∑No, that's --

23∑∑∑∑THE WITNESS:∑-- just came up, but I clicked

24∑∑out of it.

25∑∑∑∑MR. WHITE:∑Yeah.∑That's a virus scan.

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∑1∑∑∑∑∑THE WITNESS:∑Yeah.∑I X'd out of it so it

∑2∑∑∑wouldn't run now.

∑3∑∑∑∑∑MR. WHITE:∑Okay.∑Do you see --

∑4∑∑∑∑∑THE WITNESS:∑But I'm not seeing any doc- --

∑5∑∑∑∑∑MR. WHITE:∑Do you still see us on the screen?

∑6∑∑∑∑∑THE WITNESS:∑Yes.∑Uh-huh.

∑7∑∑∑∑∑MR. WHITE:∑And am I --

∑8∑∑∑∑∑THE WITNESS:∑I see Peter --

∑9∑∑∑∑∑MR. WHITE:∑Am I moving or am I frozen?

10∑∑∑∑∑THE WITNESS:∑Oh, now -- now I see the

11∑∑∑document.

12∑∑∑∑∑MR. WHITE:∑Okay.

13∑∑∑∑∑THE WITNESS:∑You all moved to the right of my

14∑∑∑screen.

15∑∑∑∑∑MR. WHITE:∑Yup.

16∑∑∑∑∑THE WITNESS:∑Okay.

17∑∑∑∑∑MR. WHITE:∑We're all back.∑All right.

18∑∑∑Great.

19∑∑∑∑∑MR. TSCHANZ:∑Perfect.

20∑BY MR. TSCHANZ:

21∑Q∑All right.∑So just to confirm, Ms. Gray, you can

22∑∑∑see the document that I have on the screen --

23∑A∑Yes.

24∑Q∑-- titled "Plaintiff's Response to Defendant's

25∑∑∑First Set of Interrogatories"?

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∑1∑A∑Yes.

∑2∑Q∑Okay.∑And these are your responses to defendant's

∑3∑∑∑interrogatories; correct?∑Well, let me back up,

∑4∑∑∑Ms. Gray.∑I apologize.

∑5∑∑∑∑∑Can you please review this document?∑And then

∑6∑∑∑once you've had a chance to take a look at it, just

∑7∑∑∑let me know and then I can ask the questions that I

∑8∑∑∑have around this document.∑I apologize.

∑9∑∑∑∑∑MR. WHITE:∑And Liza, Peter's -- or

10∑∑∑Mr. Tschanz is driving the bus on this document.

11∑∑∑So if you need him to scroll through or zoom in or

12∑∑∑zoom out, please just let us know.

13∑∑∑∑∑MR. TSCHANZ:∑And actually, I think there's a

14∑∑∑way where -- let's just go off the record real

15∑∑∑quick, if we could, because then we could just get

16∑∑∑this handled.

17∑∑∑∑∑(Discussion was held off the record.)

18∑BY MR. TSCHANZ:

19∑Q∑So, Ms. Gray, we're back on the record.∑Can you

20∑∑∑see the document?

21∑A∑Yes.

22∑Q∑Okay.∑And when you see movement here, that's my

23∑∑∑cursor.∑I'm -- this is on my screen.∑I'm sharing

24∑∑∑my screen.∑So I'm going to scroll through this.

25∑∑∑You just let me know when you want me to scroll

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∑1∑∑∑further.

∑2∑A∑Okay.∑Okay, you can scroll.∑Okay.

∑3∑∑∑∑∑MR. TSCHANZ:∑And, Ethan, so we got -- just

∑4∑∑∑for the sake of efficiency, you know, these are

∑5∑∑∑just some generalized questions.∑The witness has

∑6∑∑∑already said she's reviewed these in preparation.

∑7∑∑∑∑∑Do you want to go off the record and have her

∑8∑∑∑review it in its entirety or do you -- you know?

∑9∑∑∑∑∑MR. WHITE:∑I guess if you -- if you just want

10∑∑∑to ask her, you know, if she knows what the

11∑∑∑document is or whatever.∑And she's seen it before,

12∑∑∑so ...

13∑∑∑∑∑MR. TSCHANZ:∑Yeah.

14∑∑∑∑∑MR. WHITE:∑And, Liza, I think he's just going

15∑∑∑to ask specific questions about specific items that

16∑∑∑I'm sure he can direct you to.

17∑∑∑∑∑THE WITNESS:∑Sure.∑Okay.

18∑BY MR. TSCHANZ:

19∑Q∑And, again, Ms. Gray, if you do need to take time

20∑∑∑to review the document, let me know.∑I mean,

21∑∑∑obviously I'll scroll through it.∑But simply, I --

22∑∑∑you know, we mentioned the interrogatory responses

23∑∑∑earlier on in the deposition.

24∑∑∑∑∑I'm just going to page 11 here, and I --

25∑A∑Okay.

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∑1∑Q∑Do you see the verification?

∑2∑A∑Yes.∑Duly sworn on -- uh-huh.

∑3∑Q∑And is that -- did you sign this document?

∑4∑A∑I did.

∑5∑Q∑And you signed it on December 1st, 2020?

∑6∑A∑I did.

∑7∑Q∑And you agree you signed these interrogatory

∑8∑∑∑responses under penality of perjury?

∑9∑A∑I do.

10∑Q∑Is there anything that you wish to change within

11∑∑∑these interrogatory responses you provided?

12∑A∑Well, under some of the names, it has it was my

13∑∑∑supervisor, but it was not my direct supervisor.

14∑∑∑Some of the titles of the people on there were not

15∑∑∑exactly correct.

16∑Q∑Okay.∑And we can talk about that.∑Anything other

17∑∑∑than that?

18∑A∑No.

19∑Q∑Okay.∑I am now going to put up on your screen

20∑∑∑what's been marked -- that was Exhibit 1, for the

21∑∑∑record.∑I want to make sure I get that on the

22∑∑∑record.

23∑∑∑∑∑(Defendant's Exhibit 1 previously marked.)

24∑Q∑This is Exhibit 2.

25∑∑∑∑∑(Defendant's Exhibit 2 previously marked.)

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∑1∑A∑Uh-huh.

∑2∑Q∑Do you see "Plaintiff's Response to Defendant's

∑3∑∑∑First Set of Requests for Production"?

∑4∑A∑Yes.

∑5∑Q∑Okay.

∑6∑A∑I'm sorry.∑I'm reading, so -- okay.

∑7∑Q∑Do you agree these are your responses to

∑8∑∑∑defendant's requests for production of documents?

∑9∑A∑Yes.

10∑Q∑Okay.∑Did you understand the importance of

11∑∑∑providing all documents responsive to the document

12∑∑∑requests?

13∑A∑Yes.

14∑Q∑And if you believe the document was important to

15∑∑∑your case, do you agree you would have provided it

16∑∑∑to your attorney?

17∑A∑I would have if I could have found all of them,

18∑∑∑yes.

19∑Q∑And do you agree if something was significant to

20∑∑∑you, you would have -- you would take the steps to

21∑∑∑document any such event?

22∑∑∑∑∑MR. WHITE:∑Object to form.

23∑∑∑∑∑You can answer.

24∑A∑Peter, could you -- could you explain that a little

25∑∑∑bit to me, your question?

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∑1∑Q∑Yeah.∑You know what, I'm going to -- I'm going to

∑2∑∑∑strike the question.∑I'm going to move on.

∑3∑∑∑∑∑Ms. Gray, did you withhold any documents in

∑4∑∑∑response to these document requests?

∑5∑A∑No.

∑6∑Q∑So, Ms. Gray, do you agree -- is it accurate you

∑7∑∑∑were employed by HCR from on or about May 11th,

∑8∑∑∑1994, to December 31st, 2018?

∑9∑A∑I couldn't hear the -- I heard the last part of the

10∑∑∑question.∑I didn't hear the first part.

11∑Q∑Sure.∑I'll restate it.

12∑∑∑∑∑Do you agree that you were employed by HCR

13∑∑∑from around May 11th, 1994, to December 31st, 2018?

14∑A∑I worked for ManorCare in Sarasota, Florida, for a

15∑∑∑summer after a traveling nurse assignment.∑Then

16∑∑∑there was as space of about a year in my employment

17∑∑∑before I became reemployed with them.∑But I don't

18∑∑∑know -- I believe that was -- August 14th was the

19∑∑∑rehire date in my record.

20∑Q∑Do you remember the year?

21∑A∑Well, it would have been 25 years as of 2018 of

22∑∑∑August.

23∑Q∑Okay.∑I am now going to ask you to take a look at

24∑∑∑what I've marked as Exhibit 3.

25∑∑∑∑∑(Defendant's Exhibit 3 previously marked.)

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∑1∑Q∑I might zoom out a little bit.∑And I'll represent

∑2∑∑∑to you, Ms. Gray, these are policies from the

∑3∑∑∑defendant's handbook that were produced to your

∑4∑∑∑lawyer during discovery.∑I am going to just ask

∑5∑∑∑you some specific questions about your knowledge

∑6∑∑∑related to these policies, but -- okay.

∑7∑∑∑∑∑So do you see the page that is marked "Equal

∑8∑∑∑Employment Opportunity," Ms. Gray?

∑9∑A∑Yes, I do.

10∑Q∑And do you agree that the defendant maintained an

11∑∑∑equal employment opportunity policy during your

12∑∑∑employment?

13∑A∑I do not.

14∑Q∑You do not agree that they maintained a policy or

15∑∑∑you do not agree that they followed it?

16∑A∑I do not agree that they followed it.

17∑Q∑Okay.∑My question is do you agree that they

18∑∑∑maintained a policy, an equal employment

19∑∑∑opportunity policy?

20∑A∑Does your definition of maintain mean that they --

21∑∑∑I guess that's what I'm confused about.

22∑Q∑Sure.∑I'll rephrase it.∑Do you agree that the

23∑∑∑defendant had an equal employment opportunity

24∑∑∑policy in place during your employment?

25∑A∑Yes, they did.

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∑1∑Q∑Okay.∑And do you agree that this policy prohibited

∑2∑∑∑discrimination on the basis of disability?

∑3∑A∑Can you repeat that question, please?

∑4∑Q∑Sure.∑So in your earlier testimony, you had

∑5∑∑∑mentioned that you agree that the defendant had an

∑6∑∑∑equal employment opportunity policy in place during

∑7∑∑∑your employment; is that right?

∑8∑A∑Yeah.

∑9∑Q∑My question is do you agree that this policy

10∑∑∑prohibits discrimination or differential treatment

11∑∑∑based on disability?

12∑A∑I believe the policy does, yes.

13∑Q∑Okay.∑And any reason to dispute that the policy

14∑∑∑also required reasonable accommodations for

15∑∑∑workplace limitations associated with the

16∑∑∑disability?

17∑A∑The policy said that it had that -- I don't know

18∑∑∑how to word it.∑Could you ask me the question

19∑∑∑again, please?

20∑Q∑Sure.∑Do you have any reason to dispute that the

21∑∑∑defendant's equal employment opportunity policy

22∑∑∑provided for a mechanism by which employees could

23∑∑∑seek and maintain reasonable accommodations

24∑∑∑associated with mental and physical limitations?

25∑∑∑∑∑MR. WHITE:∑Object to form.∑The document

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∑1∑∑∑speaks for itself.

∑2∑∑∑∑∑You can answer.

∑3∑A∑So the document says that they do, yes.

∑4∑Q∑Okay.∑And do you agree that the defendant had a

∑5∑∑∑Family and Medical Leave Act policy in place?

∑6∑A∑Yes.

∑7∑Q∑Okay.∑And do you agree that the defendant also had

∑8∑∑∑a personal leave policy in place?

∑9∑A∑Yes.

10∑Q∑And that was during your employment; correct?

11∑A∑Yes.

12∑Q∑Okay.∑And going to the last page of this exhibit,

13∑∑∑do you see where it says at the top "employment

14∑∑∑at-will"?

15∑A∑Yes.

16∑Q∑And do you agree you're classified as an at-will

17∑∑∑employee?

18∑A∑Yes.

19∑Q∑Okay.∑So I want to focus really quick on the 2018

20∑∑∑time frame, Ms. Gray.∑My understanding is that you

21∑∑∑were employed by the defendant at its Oak Lawn East

22∑∑∑facility; is that right?

23∑A∑Yes.

24∑Q∑Okay.∑And what was your job title in 2018?

25∑A∑Well, it changed in 2018.

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∑1∑Q∑Okay.∑What was it and what did it change to?

∑2∑A∑Well, I was a regional nurse for the company for, I

∑3∑∑∑believe, over 20 years.∑And when Diane Lube took

∑4∑∑∑Leslie Ohm's position, she came to the building and

∑5∑∑∑told me that she was eliminating my position as a

∑6∑∑∑regional nurse, as the regional nurse educator, as

∑7∑∑∑a pharmacy consultant, as the preceptor training

∑8∑∑∑manager, and as the medical records consultant.

∑9∑∑∑∑∑And then Kelly Cigar, when that happened,

10∑∑∑asked me who was a temporary -- a new administrator

11∑∑∑in training at Oak Lawn East, to take her -- if I

12∑∑∑would stay there with her and take her nurse

13∑∑∑educator position in the building.∑And I agreed to

14∑∑∑do that.

15∑Q∑And Kelly Cigar asked you to do that?

16∑A∑Yes.∑Yes, she was my direct supervisor.∑She was

17∑∑∑the administrator of the building.

18∑Q∑And is it -- do you pronounce it Diane Lube?

19∑A∑Diane Lube was the new regional director of

20∑∑∑operations.∑She, preceding that, was the

21∑∑∑administrator at the Hinsdale building.∑And Leslie

22∑∑∑Ohm's --

23∑∑∑∑∑MR. WHITE:∑Liza, just -- Liza, just answer

24∑∑∑his question or we're going to be here all day.∑He

25∑∑∑asked you how you pronounce it.

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∑1∑Q∑And, Ms. Gray, so is it accurate that Ms. Lube

∑2∑∑∑started in her regional role over Oak Lawn East in

∑3∑∑∑the December/November 2016 time frame?

∑4∑A∑I believe so.

∑5∑Q∑Okay.

∑6∑A∑I don't know the exact date.

∑7∑Q∑Okay.∑Any reason to dispute that that is not

∑8∑∑∑accurate?

∑9∑A∑I can't give you an exact date.

10∑Q∑Okay.∑So during 2018, Ms. Gray, what were your

11∑∑∑typical hours like?

12∑A∑Generally, I worked three days in a row. I

13∑∑∑normally worked Tuesday, Wednesday, and Thursdays.

14∑∑∑It would be ten-hour days on some days.∑Some days,

15∑∑∑they would be shorter.∑Some days, if they had to

16∑∑∑be, they could be longer.

17∑∑∑∑∑As a nurse, that just comes with the

18∑∑∑territory.∑I often worked other days of the week,

19∑∑∑changed my schedule to accommodate the needs of the

20∑∑∑center.

21∑Q∑And were you able to select the hours that you

22∑∑∑preferred to work?

23∑A∑Yes.

24∑Q∑Okay.

25∑A∑For the most part, yes.

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∑1∑Q∑Okay.∑Are you familiar with the phrase "hanging

∑2∑∑∑one's license" as a nurse?

∑3∑A∑Yes.∑I hear it all the -- I would hear it all the

∑4∑∑∑time.

∑5∑Q∑Okay.∑Can you -- what's your understanding of what

∑6∑∑∑that means?

∑7∑A∑What that means to me and what my -- I -- what that

∑8∑∑∑means to me, I can only base on what I have seen

∑9∑∑∑over the years with my company.∑So is that how you

10∑∑∑want me to answer it?

11∑Q∑I'm just asking for what your understanding is of

12∑∑∑what that means.

13∑A∑It means that somebody puts their license on a wall

14∑∑∑so that there's coverage in that position.

15∑Q∑And is it accurate that this is something that you

16∑∑∑were not willing to do?

17∑∑∑∑∑MR. WHITE:∑Objection to form.

18∑A∑And what -- that I was not willing to do?

19∑Q∑Yeah.

20∑A∑They had a copy of my license in my employee file.

21∑Q∑If someone had -- let me ask it this way.∑Did

22∑∑∑anyone ever -- I just got a little feedback.∑I'll

23∑∑∑rephrase that.

24∑∑∑∑∑Did anyone ever ask you to hang your license?

25∑∑∑∑∑MR. WHITE:∑Objection to form and foundation.

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∑1∑∑∑You can answer.

∑2∑A∑No.

∑3∑Q∑Ms. Gray, I'm going to show you what is marked

∑4∑∑∑Exhibit 4.

∑5∑∑∑∑∑(Defendant's Exhibit 4 previously marked.)

∑6∑A∑Okay.

∑7∑Q∑And I will -- I'll just kind of scroll through

∑8∑∑∑this.∑You take a look at this and then just let me

∑9∑∑∑know when you want me to scroll down; okay?

10∑A∑Uh-huh.∑Okay.∑Okay.∑Go ahead.∑You can scroll

11∑∑∑down.∑Stop, please.∑Okay.∑Okay.∑Okay, you can

12∑∑∑keep going.∑Okay.∑You can scroll up.∑Okay.

13∑∑∑Okay.∑Okay.∑Stop, please.∑Okay.∑Okay.∑Can you

14∑∑∑go up -- or scroll down?∑I'm sorry.∑Okay.∑Okay.

15∑∑∑Okay.

16∑Q∑Have you had a sufficient opportunity -- and I'll

17∑∑∑say this, Ms. Gray.∑That's the end of the -- last

18∑∑∑page of the exhibit.∑So did you have a sufficient

19∑∑∑opportunity to review this exhibit?

20∑A∑Yes.

21∑Q∑Okay.∑And I'll represent to you that this is a

22∑∑∑letter -- appears to be a letter that was provided

23∑∑∑to the defendant during the discovery process.∑Is

24∑∑∑this a letter you authored, Ms. Gray?

25∑A∑It was an e-mail I sent to the CEO.

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∑1∑Q∑Okay.∑And so this is a copy of an e-mail that you

∑2∑∑∑wrote; is that right?

∑3∑A∑It is.

∑4∑Q∑Okay.∑I don't see a date on this.∑Do you recall

∑5∑∑∑the date you authored this e-mail?

∑6∑A∑I don't remember the exact date.∑It was the date

∑7∑∑∑she called me on the phone, and I know that, and

∑8∑∑∑told me that she was eliminating my position.

∑9∑Q∑Okay.∑So you know it was on the date that you were

10∑∑∑advised that your position was going to be

11∑∑∑eliminated, but you don't remember the specific

12∑∑∑date?∑Is that your testimony?

13∑A∑Yes.

14∑Q∑Okay.

15∑A∑I know -- I can say I know it was in the month of

16∑∑∑June, and I believe it was on a Thursday.∑And I

17∑∑∑know for a fact that Kelly Cigar was on vacation.

18∑∑∑She was my boss.

19∑Q∑Okay.∑Now, if we look at the first page -- and

20∑∑∑I'll go to that.∑I have a couple questions around

21∑∑∑some specific things that are referenced in here.

22∑∑∑And you can see my cursor.

23∑∑∑∑∑You state, "I'm going to be frank.∑When I

24∑∑∑heard Diane Lube was going to take" -- it appears

25∑∑∑Leslie's place -- "I knew my job would be

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∑1∑∑∑eliminated."∑Do you see that?

∑2∑A∑Yes.

∑3∑Q∑Okay.∑And are you talking about the nurse educator

∑4∑∑∑position?

∑5∑A∑I'm talking about all the responsibilities and

∑6∑∑∑positions, entitled, that I had.

∑7∑Q∑Okay.∑So let me ask it another way because I just

∑8∑∑∑want to make sure that I understand.

∑9∑∑∑∑∑Again, you say, "I'm going to be frank.∑When

10∑∑∑I heard Diane Lube was going to take" -- Leslie's

11∑∑∑place -- "I knew my job would be eliminated."

12∑∑∑∑∑Was it the job that you had that you were

13∑∑∑holding at the time you wrote this e-mail?

14∑∑∑∑∑MR. WHITE:∑I'm going to object.∑It misstates

15∑∑∑the document.

16∑∑∑∑∑Go ahead and answer.

17∑A∑I meant any job or jobs that I had in the company

18∑∑∑would be eliminated.

19∑Q∑Okay.∑And then do you see where -- you go on to

20∑∑∑talk about -- you were called to do an

21∑∑∑investigation at the Hinsdale location.∑Do you see

22∑∑∑that?

23∑A∑Yes.

24∑Q∑Tell me about that.∑What did -- who told you --

25∑∑∑what sort of investigation was it?

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∑1∑A∑My boss, Leslie Ohm, who was the regional director

∑2∑∑∑of operations at that point -- and I believe it was

∑3∑∑∑a couple years prior to this -- to her -- to Diane

∑4∑∑∑stepping into Leslie Ohm's position.

∑5∑∑∑∑∑I got a call from Leslie Ohm who asked me to

∑6∑∑∑go into the Hinsdale building.∑She wanted me to go

∑7∑∑∑unannounced.∑In other words, not send an e-mail

∑8∑∑∑letting them know I was coming because she felt

∑9∑∑∑that there was mishandling of controlled

10∑∑∑substances.∑And that's why I was sent there.

11∑Q∑Okay and this was prior to Diane Lube assuming

12∑∑∑authority over the Oak Lawn East facility; right?

13∑A∑Yes.∑I believe it was about two years before that.

14∑∑∑I could be wrong.

15∑Q∑Okay.∑And you state, "After the Hinsdale

16∑∑∑assignment I was given and had completed, much to

17∑∑∑Diane Lube's frustration."

18∑∑∑∑∑What is your understanding as to why Ms. Lube

19∑∑∑would be frustrated in this circumstance?

20∑A∑The position that I held required me to go into

21∑∑∑buildings and report what I saw.∑And when Diane

22∑∑∑Lube got in the building, she was furious,

23∑∑∑absolutely furious that I was even there doing an

24∑∑∑investigation.∑She did not want me there.

25∑∑∑∑∑And I had already started the investigation,

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∑1∑∑∑went into the medication room with the director of

∑2∑∑∑nursing who is no longer with the company -- her

∑3∑∑∑name is Kris -- and found out that they were saving

∑4∑∑∑controlled substances that belonged to other

∑5∑∑∑patients, which is illegal and can't be done

∑6∑∑∑because they weren't getting them from the

∑7∑∑∑pharmacy.∑And they were handing them out to the

∑8∑∑∑patients who needed them.

∑9∑Q∑What specifically did Diane Lube say to you that

10∑∑∑led you to conclude she was frustrated?

11∑A∑It was her actions.∑I mean, she was -- she threw

12∑∑∑her purse down, you know.∑She was -- or not

13∑∑∑yelling, but, you know, you could tell by her

14∑∑∑facial expressions.

15∑∑∑∑∑I don't remember the exact conversation, but

16∑∑∑she didn't appreciate it.∑She didn't think that

17∑∑∑they were doing anything wrong and that she would

18∑∑∑handle it.∑And I said, well, obviously Leslie was

19∑∑∑concerned and that's why she asked me to come in.

20∑∑∑∑∑And that's all I can tell you is, you know,

21∑∑∑she was mad.∑She was angry.∑She was very angry.

22∑∑∑∑∑And then I was told by two other regional

23∑∑∑staff members, after we had a regional quality

24∑∑∑assurance meeting there, that she told them that if

25∑∑∑she ever became the RDO, then I would be one of the

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∑1∑∑∑first people to go.

∑2∑Q∑And you learned this through some regional team

∑3∑∑∑members?

∑4∑A∑Yes.

∑5∑Q∑Okay.∑And obviously you can't speculate about what

∑6∑∑∑was going on in Diane Lube's mind.∑What do you --

∑7∑∑∑why do you think that she was frustrated?∑Because

∑8∑∑∑you go on to say, "Diane Lube never liked when

∑9∑∑∑Leslie sent me into her center."

10∑A∑Well --

11∑Q∑Why do you believe that -- why do you believe she

12∑∑∑didn't like when you were sent to the center?

13∑A∑It wasn't just me.∑It was -- she didn't like when

14∑∑∑any consultant, including the clinical services

15∑∑∑team, came into her building.∑Because there were

16∑∑∑things that were going on, and Hinsdale was doing

17∑∑∑things that were not according to policy and

18∑∑∑procedure and she knew that.∑And she did things

19∑∑∑her way and she directed her staff to do them her

20∑∑∑way.

21∑∑∑∑∑And that's why she was uncomfortable if she

22∑∑∑knew -- or did not know that somebody was coming.

23∑∑∑Or when somebody was coming, she wanted somebody

24∑∑∑glued to their side so she knew what was going on.

25∑∑∑I think she felt very intimidated.

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∑1∑∑∑∑∑And, you know, the joke in the region was that

∑2∑∑∑Hinsdale -- things go Hinsdale's way, not the

∑3∑∑∑ManorCare way.

∑4∑Q∑And you -- were you -- was it your job in this

∑5∑∑∑particular instance to determine whether Hinsdale

∑6∑∑∑was doing it the Hinsdale way or doing it the

∑7∑∑∑ManorCare way?

∑8∑A∑My job was to see that they were following the

∑9∑∑∑laws, policies, and procedures of the company, and

10∑∑∑they are not.∑And that's what I reported to my

11∑∑∑boss.

12∑Q∑Okay.∑Did you tell --

13∑A∑Which is her boss.

14∑Q∑Did you tell Ms. Lube what your conclusions were?

15∑A∑Yes.

16∑Q∑Okay.∑And what was her reaction?

17∑A∑She said she didn't believe it.∑I said -- and I

18∑∑∑told her -- I said, you have narcotics in there for

19∑∑∑patients that were discharged weeks ago, controlled

20∑∑∑substances.

21∑∑∑∑∑And the procedure is on the day of the

22∑∑∑discharge, that those controlled substances are

23∑∑∑counted by two nurses and the destruction is done

24∑∑∑and they are signed off so that they do not remain

25∑∑∑in the building because diversions occur,

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∑1∑∑∑obviously, in situations like that.

∑2∑Q∑Okay.∑And then on the next page of this exhibit,

∑3∑∑∑you write "The week Diane Lube stepped into the RDO

∑4∑∑∑role."

∑5∑A∑Yes.

∑6∑Q∑She came to the Oak Lawn East facility where you

∑7∑∑∑had been helping out as a regional nurse and told

∑8∑∑∑you she was eliminating your regional position and

∑9∑∑∑it was no longer --

10∑A∑Yes.

11∑Q∑-- needed; right?

12∑A∑Yes.

13∑Q∑What did she specifically say to you in that

14∑∑∑instance?

15∑A∑I can't remember exactly verbatim.∑But the gist of

16∑∑∑it was that she no longer needed me to do the

17∑∑∑region, no longer needed me to do the things that I

18∑∑∑was doing, and that that position was going to be

19∑∑∑eliminated, the positions with my responsibilities.

20∑∑∑∑∑And that the only position that was open, as

21∑∑∑far as she was concerned, was a five-day-a-week

22∑∑∑nurse educator position that would include me

23∑∑∑making sure that all nurses and CNAs had all their

24∑∑∑clinical competencies done and up to date and,

25∑∑∑beyond that, any additional other things that would

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∑1∑∑∑be required for education.

∑2∑∑∑∑∑And I replied to her that there's nobody that

∑3∑∑∑would be able to do or perform -- oh, and she said,

∑4∑∑∑and you will be held responsible and accountable if

∑5∑∑∑these competencies and these things are not done.

∑6∑∑∑∑∑And I was honest with her and I said, there is

∑7∑∑∑no feasible way that with the staff size that we

∑8∑∑∑have in this city and the turnover that anybody,

∑9∑∑∑even working five days a week, could be held

10∑∑∑accountable or be able to produce those kind of

11∑∑∑results unless they were going to work seven days a

12∑∑∑week, ten hours a day.

13∑∑∑∑∑And even then, I said, I don't believe it

14∑∑∑would be done -- it could be done.

15∑Q∑So in that -- in that week that she starts -- so

16∑∑∑that would have been in the November of 2016 time

17∑∑∑frame?

18∑A∑That she started, in November?∑Did you say --

19∑Q∑Let me rephrase that.∑The week that Diane Lube

20∑∑∑stepped into the RDO role, you state here that she

21∑∑∑came to Oak Lawn East and had this discussion with

22∑∑∑you.∑And I'm just simply asking, that would have

23∑∑∑been in 2016; right?

24∑A∑No.∑It was in 2018.∑It was not long before she

25∑∑∑eliminated my position at Oak Lawn East when she

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∑1∑∑∑called me.∑I believe she stepped into that role at

∑2∑∑∑the end of May of 2018 and was transitioning and

∑3∑∑∑was making rounds to every building with Alan Hash.

∑4∑∑∑But it was not '16, it was 2018.

∑5∑Q∑Okay.∑So this conversation that you're referencing

∑6∑∑∑here deals with the position that you held

∑7∑∑∑immediately prior to your termination of

∑8∑∑∑employment?

∑9∑A∑No.∑It was the regional nurse position, not the

10∑∑∑nurse educator position at Oak Lawn East.∑I had

11∑∑∑been helping Oak Lawn East at two years -- for

12∑∑∑two years as a regional nurse trying to get into

13∑∑∑compliance, help the new CON and Kelly Cigar as

14∑∑∑well with whatever they needed done to get the

15∑∑∑building, like I said, in compliance, educate the

16∑∑∑staff.

17∑∑∑∑∑And then when I was told Kelly Cigar would be

18∑∑∑coming there as the administrator -- Kelly was

19∑∑∑there one day and she and I were talking and she

20∑∑∑said we had a good working relationship, would you

21∑∑∑stay here and be my nurse educator?∑And this was

22∑∑∑after Diane had spoken to me in the conference room

23∑∑∑at Oak Lawn East.

24∑Q∑Okay.

25∑A∑It was just she and -- it was just she and I in

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∑1∑∑∑there.

∑2∑Q∑And I just want to make sure that I'm

∑3∑∑∑understanding.∑So the conference room at Oak Lawn

∑4∑∑∑East and this conversation that you had with Diane,

∑5∑∑∑are you saying that Diane was going to -- told you

∑6∑∑∑that you're -- you would eventually be terminated

∑7∑∑∑or she was transitioning you to another role?

∑8∑A∑She wasn't transitioning me to anything.∑She said

∑9∑∑∑that she was eliminating my position as the

10∑∑∑regional nurse and all the other responsibilities

11∑∑∑that I had.

12∑∑∑∑∑I was the medical records liaison, the

13∑∑∑pharmacy liaison, the preceptor trainer for nurses

14∑∑∑and CNAs and a multitude of other things.∑She no

15∑∑∑longer "needed me to do those things anymore" and

16∑∑∑that the only position that was open was a -- and

17∑∑∑at that point in time, the north region, which was

18∑∑∑Elk Grove, Arlington Heights, and then the south

19∑∑∑region, which were all the buildings which were

20∑∑∑near my home, became under one umbrella and

21∑∑∑Kelly -- I mean -- and Diane Lube's responsibility.

22∑∑∑∑∑The whole company changed all their zones and

23∑∑∑regions.∑So she was eliminating the position that

24∑∑∑I had held for over 20-some years, and the only

25∑∑∑thing that was available was this nurse educator

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∑1∑∑∑position.

∑2∑∑∑∑∑And, as I said, you know, there were I don't

∑3∑∑∑know how many thousand employees that she expected

∑4∑∑∑to have competencies done on, all their training

∑5∑∑∑done.

∑6∑∑∑∑∑And that would be the responsibility of this

∑7∑∑∑nurse educator for the region, which, now I

∑8∑∑∑think -- I don't know.∑So I'm not even going to

∑9∑∑∑say because I would be -- I would be speculating,

10∑∑∑and I'm not going to speculate.∑But it would be

11∑∑∑for the building's -- and it was an impossibility

12∑∑∑to get done all the things that she was naming

13∑∑∑would be my responsibility if I wanted to take that

14∑∑∑role on.

15∑∑∑∑∑And I said, I don't -- I can't work more than

16∑∑∑30 hours.∑I seldom am able to do that.∑I was in

17∑∑∑physical therapy.∑I was seeing doctors.∑And it

18∑∑∑not only would not be feasible for me or

19∑∑∑achievable, I told her it would be unfair to expect

20∑∑∑that of any nurse to take on that role because it's

21∑∑∑impossible.

22∑Q∑Okay.∑So --

23∑A∑Unless they -- you know.

24∑Q∑So just so I'm understanding correctly, around May

25∑∑∑of 2018, you had a meeting with Diane Lube wherein

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∑1∑∑∑she said she was eliminating your position as a

∑2∑∑∑regional nurse; is that right?

∑3∑A∑Yes.

∑4∑Q∑And during the --

∑5∑A∑And not just the regional nurse but all the other

∑6∑∑∑positions.∑I was the, like, director of nursing of

∑7∑∑∑the regional TRM pool of nurses that we had, which

∑8∑∑∑was, I don't know, 55 nurses.∑And then all the

∑9∑∑∑other jobs that I took care of.

10∑Q∑Okay.∑And --

11∑A∑She didn't --

12∑Q∑And did she offer you this educator position that

13∑∑∑you said couldn't be completed 30 hours a week?∑Or

14∑∑∑was that an option provided to you and you declined

15∑∑∑it?∑Or how did that happen?

16∑A∑Well, she said the only -- not that you could have

17∑∑∑it or I would give it to you but that I could apply

18∑∑∑for this nurse educator position for the region.

19∑∑∑∑∑And I don't know if she was simply talking

20∑∑∑about a set of eight buildings that we still had or

21∑∑∑if she was including her entire region when she

22∑∑∑started going on about the list of all the things

23∑∑∑that her expectation would be that I would be

24∑∑∑responsible, make sure that the RNs, all the CNAs,

25∑∑∑LPNs were competencied [sic], worked with,

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∑1∑∑∑educated, and that they passed their competencies,

∑2∑∑∑in 30 hours a week, you know.

∑3∑∑∑∑∑She said, well, you would have to be able to

∑4∑∑∑do it and accomplish it if you -- if, you know, are

∑5∑∑∑interested in this position.

∑6∑Q∑So did you think you were out of a job at that

∑7∑∑∑point or ...

∑8∑A∑I don't -- I don't think so because I -- and I

∑9∑∑∑don't know for sure.∑Because I believe I talked to

10∑∑∑Kelly before this.∑She and I had phone

11∑∑∑conversations about staying at Oak Lawn East since

12∑∑∑I knew she was coming there.∑And I did not mention

13∑∑∑that to Diane at that point in time.

14∑Q∑Well, you had a conversation with Kelly about

15∑∑∑staying at Oak Lawn East?

16∑A∑Yes.∑Because Kelly Cigar, who was the director of

17∑∑∑nursing at Hinsdale, was coming to be the

18∑∑∑administrator at Oak Lawn East, the building where

19∑∑∑I had been at for a couple years, helping them

20∑∑∑either get into compliance.

21∑∑∑∑∑Now, I wasn't only at Oak Lawn East.∑I went

22∑∑∑to Oak Lawn West, I went to the Paloses,

23∑∑∑South Holland, and Homewood over the years.∑And

24∑∑∑that was part of our region.∑So I didn't just stay

25∑∑∑at Oak Lawn East, you know.∑I would have to help

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∑1∑∑∑as a regional nurse, go to other buildings.

∑2∑Q∑So -- and, again, I'm not in the medical

∑3∑∑∑profession, Ms. Gray.

∑4∑A∑Yeah.

∑5∑Q∑So I don't understand hospital administration. I

∑6∑∑∑have kind of a vague understanding of how things

∑7∑∑∑may work, so -- obviously, depending on your

∑8∑∑∑account here.

∑9∑∑∑∑∑But I'm just trying to figure out -- you said

10∑∑∑you had -- prior to this meeting with Ms. Lube, you

11∑∑∑said that you had a conversation with Ms. Cigar

12∑∑∑about staying at Oak Lawn East.∑Were you -- did

13∑∑∑you think you were going somewhere or -- prior to

14∑∑∑this conversation?

15∑A∑No.∑No, I didn't think I was going anywhere. I

16∑∑∑mean, I didn't -- I knew I couldn't -- or I knew I,

17∑∑∑myself, or no other nurse could take on a position

18∑∑∑that she was sitting there telling me.

19∑∑∑∑∑No uncertain terms about all the plethora of

20∑∑∑things that would need to be accomplished in

21∑∑∑30 hours.∑I wasn't quite sure what I was going to

22∑∑∑do.∑But I do know that Kelly and I had

23∑∑∑conversations about me staying there and being her

24∑∑∑nurse educator, and I had that in the back of my

25∑∑∑mind.

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∑1∑∑∑∑∑I didn't -- I didn't think that -- I knew I

∑2∑∑∑couldn't do what she was asking me to -- or, you

∑3∑∑∑know, was saying was out there.∑She didn't give me

∑4∑∑∑the job.∑She didn't say, it's yours if you want

∑5∑∑∑it.∑It was just this is all -- this list is

∑6∑∑∑everything you're going to have to accomplish.

∑7∑Q∑Okay.

∑8∑A∑And I --

∑9∑Q∑So you --

10∑A∑I'm sorry.∑I couldn't --

11∑Q∑No, that's fine.∑I think I'm starting to follow

12∑∑∑now.∑So you knew that your position -- well, I

13∑∑∑guess you said it in your letter earlier.∑You knew

14∑∑∑your position was going to be eliminated even

15∑∑∑before Diane assumed responsibility over at Oak

16∑∑∑Lawn East.

17∑∑∑∑∑So you knew that this was coming prior to your

18∑∑∑meeting with Diane Lube, and that's why you had

19∑∑∑those discussions with Kelly Cigar; is that right?

20∑∑∑∑∑MR. WHITE:∑Objection.∑Misstates testimony.

21∑∑∑∑∑You can answer.

22∑∑∑∑∑THE WITNESS:∑I just need a minute.

23∑∑∑∑∑MR. TSCHANZ:∑Do you want to take a -- do you

24∑∑∑want to take a short break?

25∑∑∑∑∑Ethan, do you want to take a --

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∑1∑∑∑∑∑MR. WHITE:∑That's fine.

∑2∑∑∑∑∑(A brief recess was taken.)

∑3∑BY MR. TSCHANZ:

∑4∑Q∑Ms. Gray, we are back on the record after a short

∑5∑∑∑recess.∑Do you understand that you're still under

∑6∑∑∑oath?

∑7∑A∑Yes, sir.

∑8∑Q∑Okay.∑And your counsel asked you this off the

∑9∑∑∑record, but I'll ask it on the record.∑Are you

10∑∑∑okay to continue?

11∑A∑Yeah.∑I just got a little emotional.∑I'm sorry.

12∑Q∑No need to apologize, ma'am.

13∑A∑I'm ready.

14∑Q∑Thank you.

15∑∑∑∑∑So, Ms. Gray, I just want to kind of

16∑∑∑unpackage [sic] some of the things that you're

17∑∑∑talking about in this letter -- or e-mail, I guess,

18∑∑∑you clarified.∑And so is it your testimony that

19∑∑∑you had a meeting with Ms. Lube wherein she

20∑∑∑informed you that your regional nurse position and

21∑∑∑all the other functions you already testified

22∑∑∑earlier --

23∑A∑Yes.

24∑Q∑-- was going to be eliminated?

25∑A∑Yes.

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∑1∑Q∑Okay.∑And is it correct that she had described a

∑2∑∑∑potential nurse educator position that you did not

∑3∑∑∑feel could be completed working a 30-hour-a-week

∑4∑∑∑schedule?

∑5∑A∑Correct.

∑6∑Q∑And did you tell her that?∑Did you tell her that

∑7∑∑∑you didn't think it would be possible?

∑8∑A∑Absolutely.

∑9∑Q∑Okay.∑Now, if we look at your letter, you say,

10∑∑∑"The following week, Kelly Cigar started at OLE" --

11∑∑∑and that's Oak Lawn East; right?

12∑A∑Yes, sir.

13∑Q∑-- "as the admin."

14∑∑∑∑∑Now, earlier on, is it accurate that you

15∑∑∑testified that you had conversations with Kelly

16∑∑∑prior to her starting at OLE as an admin about

17∑∑∑being Kelly's nurse educator?

18∑A∑Yes.∑Because there was talk in the region that she

19∑∑∑was going to be coming over to the building.

20∑Q∑Okay.∑And so help me understand.

21∑∑∑∑∑So "the following week, Kelly Cigar started at

22∑∑∑OLE as the admin."∑And then you write, "Kelly and

23∑∑∑I spoke and I explained I could not possibly carry

24∑∑∑that responsibility and complete all that Diane

25∑∑∑required working 30 hours a week."

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∑1∑∑∑∑∑And then a little bit further down, you said,

∑2∑∑∑"Kelly offered me the nurse educator position at

∑3∑∑∑Oak Lawn East working 30 hours a week.∑I gladly

∑4∑∑∑accepted."

∑5∑A∑Yes.

∑6∑Q∑So my question is Kelly Cigar offered you a nurse

∑7∑∑∑educator position at Oak Lawn East working 30 hours

∑8∑∑∑a week; is that right?

∑9∑A∑Yes.

10∑Q∑And just broadly, how long --

11∑A∑Just --

12∑Q∑How long did you work as Kelly's nurse educator at

13∑∑∑Oak Lawn East?∑Was it a year, two years?

14∑A∑You know, I -- I believe it was over a year. I

15∑∑∑can't -- I can't exactly recall the date that she

16∑∑∑stepped into the position.∑I do know it probably

17∑∑∑was over a year, maybe a little longer.∑Because

18∑∑∑she was -- she did my evaluation and that's what

19∑∑∑I'm basing that on.∑I think she was there a little

20∑∑∑over a year.

21∑∑∑∑∑Because in that conversation when she did my

22∑∑∑evaluation, she told me, verbatim, she said that

23∑∑∑she wanted to thank me and told me that if I had

24∑∑∑not been there -- and she said, "I'm not just

25∑∑∑blowing smoke up your A-S-S" -- I'm not even going

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∑1∑∑∑to say the word she said, but "Liza, I could not

∑2∑∑∑have done this without you."

∑3∑∑∑∑∑And I thanked her for that.∑And I was happy

∑4∑∑∑to help her.

∑5∑Q∑Okay.

∑6∑A∑So I believe she was there over a year.

∑7∑Q∑Okay.∑That's helpful, and I appreciate you

∑8∑∑∑clarifying.∑So I just wanted to scroll back up

∑9∑∑∑to -- if I'm understanding your testimony earlier,

10∑∑∑well -- strike that.

11∑∑∑∑∑At the top of this exhibit, we have a

12∑∑∑statement that says, "The week Diane Lube stepped

13∑∑∑into the RDO role, she came to Oak Lawn East."∑And

14∑∑∑that's in reference to the conversation you had in

15∑∑∑a conference room with her that we just talked

16∑∑∑about; correct?

17∑A∑Yeah.

18∑Q∑And, again, let me just -- I'm just asking a pretty

19∑∑∑broad question here.∑And you said that you had

20∑∑∑thought that that was in May of 2018.

21∑A∑Well, I believe it was around the, you know, the

22∑∑∑middle of May.∑You know, it was -- I can't say the

23∑∑∑date for sure.∑I don't know.∑I'm not good with

24∑∑∑dates and I apologize about that.∑I'm not.

25∑Q∑That's -- it's -- a deposition only is asking for

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∑1∑∑∑your personal knowledge, Ms. Gray.∑It's not a pop

∑2∑∑∑quiz.∑So I understand.

∑3∑A∑Okay.

∑4∑Q∑But your employment with the defendant ended,

∑5∑∑∑effective December 31st, 2018; correct?

∑6∑A∑Yeah.∑That was when I had called.∑Yeah.∑Yeah.

∑7∑∑∑That's when I called and found out when they had

∑8∑∑∑terminated me out of the system.

∑9∑Q∑Okay.∑Now, my question is if you -- if this

10∑∑∑conversation -- the conversation referenced in this

11∑∑∑exhibit with Diane Lube, the week she stepped into

12∑∑∑the RDO role, that happened prior to your --

13∑∑∑according to your e-mail, Kelly Cigar starting as

14∑∑∑OLE.

15∑∑∑∑∑And if you began reporting to Kelly Cigar in

16∑∑∑the nurse educator role and you were in that role

17∑∑∑for a year, maybe more, do you agree that this

18∑∑∑conversation that you had with Diane Lube could not

19∑∑∑have happened in May of 2018?∑It had to have

20∑∑∑happened maybe in 2017?

21∑∑∑∑∑MR. WHITE:∑Object to form.

22∑A∑No.

23∑∑∑∑∑MR. WHITE:∑You can answer.

24∑A∑She didn't -- she didn't take the job until -- I

25∑∑∑don't think she was in that job for more than a

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∑1∑∑∑couple months before I left, before she eliminated

∑2∑∑∑my position at Oak Lawn East.

∑3∑Q∑And what position are you talking about, before she

∑4∑∑∑eliminated the position?∑Are you talking about the

∑5∑∑∑regional nurse and the other functions?

∑6∑A∑No.∑No.∑No, the one -- when she called me on the

∑7∑∑∑phone when I was the nurse educator at Oak Lawn

∑8∑∑∑East, she had not been in that position for a year.

∑9∑∑∑There's no way she was in that position.

10∑Q∑Well, let me just clarify because maybe it was a

11∑∑∑poorly worded question on my part.

12∑∑∑∑∑Just trying to figure out when this meeting

13∑∑∑took place with Diane Lube -- Lube -- and

14∑∑∑specifically the meeting in the conference room

15∑∑∑where she informed you that your regional nurse

16∑∑∑role and the functions would be eliminated and let

17∑∑∑you know that the -- there's an educator position

18∑∑∑that you believe couldn't be completed within

19∑∑∑30 hours per week -- strike that.

20∑A∑I --

21∑Q∑Understanding that you might not know specific

22∑∑∑dates, I'm just trying to nail down exactly when

23∑∑∑something -- because you had this -- my

24∑∑∑understanding is you had this conversation with

25∑∑∑Diane Lube when she told you the regional nurse

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∑1∑∑∑position was going to be eliminated.∑The following

∑2∑∑∑week, Ms. Cigar starts, and then you began

∑3∑∑∑reporting to Ms. Cigar as nurse educator.

∑4∑∑∑∑∑Now, you said earlier that you believe that

∑5∑∑∑you were a nurse educator for a year, maybe more.

∑6∑∑∑If your employment ended with Ms. Cigar in December

∑7∑∑∑of 2018, I'm trying to understand how the

∑8∑∑∑conversation with Diane Lube would have happened in

∑9∑∑∑May of 2018.

10∑A∑Because I was under a physician's care for a couple

11∑∑∑of years.∑I was going to therapy, seeing a pain

12∑∑∑doctor, seeing my attending physicians for my back.

13∑∑∑And I had been going for quite some time, and I had

14∑∑∑gone for years prior to that on and off.∑So I --

15∑∑∑and I was in physical therapy at -- in June, and I

16∑∑∑believe I started in April or May of 2018.

17∑∑∑∑∑But I do know that Diane Lube was coming

18∑∑∑around to all the buildings with -- I believe it

19∑∑∑was her new boss, and just to make rounds to

20∑∑∑announce her position.∑And then she came into the

21∑∑∑building again, and that's when she asked to talk

22∑∑∑to me and had that conversation.∑She said that --

23∑∑∑you know, about eliminating that position and what

24∑∑∑kind of position was out there, if I was

25∑∑∑interested.

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∑1∑∑∑∑∑Oh, and then she also told me -- while I was

∑2∑∑∑thinking about it, she was changing me from an

∑3∑∑∑hourly to a salaried employee.∑And I had in the

∑4∑∑∑back of my mind that I knew that I was not going to

∑5∑∑∑be able to complete all the things that she needed

∑6∑∑∑me to do.

∑7∑∑∑∑∑I can't -- I don't believe it was in 2017.∑It

∑8∑∑∑was in 2018.∑But as I said, you know, I can't give

∑9∑∑∑you a specific date.

10∑Q∑Okay.∑If the company records indicated that

11∑∑∑Ms. Lube started as RD- -- in the RDA -- RDO role

12∑∑∑in 2016, would you have any basis to dispute that?

13∑∑∑∑∑MR. WHITE:∑Objection to foundation.

14∑∑∑∑∑You can answer.

15∑∑∑∑∑THE WITNESS:∑In 2000 and -- did you say I

16∑∑∑could answer, Ethan?

17∑∑∑∑∑MR. WHITE:∑Yes.∑Yes, you can answer, if you

18∑∑∑know.

19∑A∑That she started in 2016?∑She may have been. I

20∑∑∑know that she was working some other jobs as she

21∑∑∑was still the license administrator at Hinsdale.

22∑Q∑Well, let me just simplify it and ask it this way.

23∑A∑They were trying to --

24∑∑∑∑∑MR. WHITE:∑Liza.∑Liza.∑Liza, just wait for

25∑∑∑his question; okay?∑You just got to listen to his

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∑1∑∑∑question and answer his question.

∑2∑Q∑Maybe this will simplify it, Ms. Gray.∑You do not

∑3∑∑∑know for certain, sitting here today, the date that

∑4∑∑∑Ms. Lube stepped into the RDO role over Oak Lawn

∑5∑∑∑East.∑Is that a fair statement?

∑6∑A∑That's correct.∑I don't know the date in 2018, but

∑7∑∑∑that's the year, I believe, she stepped into that

∑8∑∑∑role.

∑9∑Q∑So that's your recollection, is that it was 2018?

10∑∑∑Do you know of any evidence to support that belief

11∑∑∑or is that just your -- what your recollection is

12∑∑∑sitting here today?

13∑A∑I just recollect that because of the events that

14∑∑∑occurred.

15∑Q∑Okay.∑So kind of marching through this letter --

16∑∑∑or e-mail.∑So you then begin reporting to Kelly

17∑∑∑Cigar at Oak Lawn East in the nurse educator role;

18∑∑∑right?

19∑A∑Yes.

20∑Q∑Okay.∑And you were working no more than 30 hours a

21∑∑∑week?

22∑A∑On rare occasions if there was, you know,

23∑∑∑catastrophic staffing issues, then I would try to

24∑∑∑help as much as I could.

25∑Q∑But on average, your work schedule was capped at

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∑1∑∑∑30 hours --

∑2∑A∑30 hours.

∑3∑Q∑-- a week?

∑4∑A∑Yes.∑Yes.

∑5∑Q∑Okay.∑And you -- sitting here today, you believe

∑6∑∑∑you had served in that nurse educator role for

∑7∑∑∑Kelly Cigar for a year, maybe more; is that

∑8∑∑∑accurate?

∑9∑A∑I believe so.

10∑Q∑Okay.∑So towards the bottom, is the -- first of

11∑∑∑all, who is -- you said Mr. Cavanaugh is the CEO?

12∑A∑He was the CEO of the company.

13∑Q∑Okay.∑You state at the bottom of this exhibit, "I

14∑∑∑received a call today from Diane Lube telling me

15∑∑∑that, once again, my job was being eliminated and

16∑∑∑she wanted to transfer me to Elk Grove Village.

17∑∑∑Diane said that the DON" -- is that the director of

18∑∑∑nursing?

19∑A∑Yeah.

20∑Q∑Okay.∑"The DON is doing excellent at OLE and is --

21∑∑∑and so is the center.∑So because of the cost of my

22∑∑∑position, the center does not need me anymore."

23∑∑∑∑∑So are you referring to Kelly Cigar when you

24∑∑∑say the DON is doing -- when you're recounting what

25∑∑∑was said to you, the DON is doing excellent?∑Is

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∑1∑∑∑that your --

∑2∑A∑No.∑Diane was saying that Jackie, who was the

∑3∑∑∑director of nursing, was now in place, doing well,

∑4∑∑∑and the other staff didn't need my help anymore,

∑5∑∑∑and that it cost too much for my position and that

∑6∑∑∑the center didn't need me anymore.

∑7∑Q∑And that's the nurse educator role; right?

∑8∑A∑Yes.

∑9∑Q∑Okay.∑So the DON is doing excellent.∑So were you

10∑∑∑essentially just helping people get up to -- I'm

11∑∑∑just trying to understand what you were doing as a

12∑∑∑nurse educator.

13∑∑∑∑∑Were you sort of helping the facility get up

14∑∑∑to speed or were you -- was that a transitional

15∑∑∑period of some kind that you were assisting with?

16∑A∑No.∑I never -- for -- I started with the company

17∑∑∑as an assistant director of nursing and became a

18∑∑∑director of nursing, and then my boss created this

19∑∑∑regional position.

20∑∑∑∑∑I had no job description for over 20 years. I

21∑∑∑had no job description after leaving the DON

22∑∑∑position.∑They wanted me to go into buildings and

23∑∑∑help them get into compliance, do whatever needed

24∑∑∑to be done, and that's what I did.∑And that's what

25∑∑∑I was doing at Oak Lawn East.∑It changed from day

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∑1∑∑∑to day.

∑2∑∑∑∑∑You know, the needs in these type of centers

∑3∑∑∑are vast, and they can be -- care at the bedside --

∑4∑∑∑they can be many things.∑It just depends.∑You

∑5∑∑∑know, there's not just one thing that I did.∑I did

∑6∑∑∑many things.

∑7∑Q∑Is that true in the nurse educator role that you

∑8∑∑∑performed for Ms. Cigar?

∑9∑A∑Oh, yeah.∑Because even when I was hired by Kelly

10∑∑∑as -- when we told Diane Lube in a meeting with

11∑∑∑Kelly and I that I could not -- I told her in front

12∑∑∑of Kelly I could not do the regional nurse educator

13∑∑∑position and complete everything she wanted me to

14∑∑∑do in 30 hours a week, that it was impossible and

15∑∑∑that Kelly and I spoke and Kelly asked if I would

16∑∑∑stay with her and be her nurse educator and give

17∑∑∑her a hand.

18∑∑∑∑∑And the response from Diane was, number one,

19∑∑∑she doesn't need any help.∑Number two, she was

20∑∑∑very upset about it and said, well, you will be

21∑∑∑responsible here as well as you would have been in

22∑∑∑the other position that was out there for the

23∑∑∑region.

24∑∑∑∑∑And Kelly and I just looked at each other and,

25∑∑∑you know, I said, I understand.∑I'll do whatever

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∑1∑∑∑Kelly needs me to do.

∑2∑Q∑So --

∑3∑A∑And that was the end of that conversation.

∑4∑Q∑So Diane, you said she was upset about the nurse

∑5∑∑∑educator role at Oak Lawn East --

∑6∑A∑At Oak Lawn --

∑7∑Q∑But she nonetheless permitted you to transition

∑8∑∑∑into that position under Kelly Cigar; is that

∑9∑∑∑right?

10∑A∑Yes.∑However --

11∑∑∑∑∑MR. WHITE:∑Liza.∑Liza.∑Liza, we're going to

12∑∑∑be here all day if you --

13∑∑∑∑∑THE WITNESS:∑Okay.

14∑∑∑∑∑MR. WHITE:∑Just answer his question.∑You

15∑∑∑said yes.∑Let's move on.

16∑∑∑∑∑THE WITNESS:∑Okay.

17∑Q∑And I want to get into -- I'm going to get into

18∑∑∑this conversation with Ms. Lube, the call that

19∑∑∑we're talking about that's the subject of this

20∑∑∑letter -- one of the subjects, I guess I should

21∑∑∑say.∑But, you know, I just kind of want to know

22∑∑∑what the dynamic is in your mind.

23∑∑∑∑∑And I -- if you scroll down to this -- the

24∑∑∑page that's marked 578.∑And I'll just say this

25∑∑∑because we're going to be talking about a few other

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∑1∑∑∑documents today, Ms. Gray.∑And if your lawyer

∑2∑∑∑already explained this to you, I apologize.∑I'm

∑3∑∑∑going to say it again just so we're on the same

∑4∑∑∑page.∑Do you see where it says "Gray00589"?

∑5∑A∑Yes.

∑6∑Q∑Okay.∑That's a designation that the lawyers are

∑7∑∑∑using when they're exchanging documents.∑So when I

∑8∑∑∑refer -- particularly with a longer document -- I'm

∑9∑∑∑going to refer to these Bate- -- they're called

10∑∑∑Bates ranges.

11∑∑∑∑∑So in Mr. White's case, he has them on the

12∑∑∑left side of the page.∑In my case, I put them on

13∑∑∑the right side.∑So when I refer to a page as a

14∑∑∑Bates range, I'll let you know, that's what I'm

15∑∑∑talking about, just so we can be on the same page;

16∑∑∑okay?

17∑A∑Okay.

18∑Q∑Okay.∑So if we go to page -- Bates range 589,

19∑∑∑beginning 589, let me -- okay.∑Well, first of all,

20∑∑∑who is "Allan" down at the bottom here?

21∑A∑Alan Hash was the divisional vice president.∑He

22∑∑∑was the one that all the RDOs, regional directors,

23∑∑∑reported to.∑But he announced that he was leaving

24∑∑∑the company at that time as well, shortly after

25∑∑∑Diane -- you know, this announcement was made about

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∑1∑∑∑Leslie, my boss, leaving, and Diane taking over.

∑2∑Q∑Okay.∑So you say -- and we'll talk about the phone

∑3∑∑∑conversation with the new position that was

∑4∑∑∑presented.

∑5∑∑∑∑∑But you said, "Once again, Diane has made me

∑6∑∑∑feel insignificant, is once again eliminating my

∑7∑∑∑position."∑And you go on to say, "It is personal

∑8∑∑∑with her, and I can't take this anymore."

∑9∑A∑Uh-huh.

10∑Q∑"I cannot help from feel that she is doing exactly

11∑∑∑what she said she wanted to do, and that was to get

12∑∑∑rid of me."

13∑∑∑∑∑And then if you scroll a little further down,

14∑∑∑you say --

15∑A∑Uh-huh.

16∑Q∑-- "I did speak to Alan about my concerns."∑And

17∑∑∑you go -- you write, "And told him Diane Lube did

18∑∑∑not like me and has -- had an attitude about me

19∑∑∑ever since I did the investigation at her center."

20∑∑∑∑∑And then you told Alan you were worried about

21∑∑∑your job.

22∑A∑Yes.

23∑Q∑And so if you go up to the first page of this

24∑∑∑exhibit, the investigation of the center, that was

25∑∑∑the narcotics issue we talked about; right?

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∑1∑A∑Yes.

∑2∑Q∑And, again, when -- right after -- "I'm going to be

∑3∑∑∑frank.∑When I heard Diane Lube was going to

∑4∑∑∑take" -- I guess, Leslie's place, you knew your job

∑5∑∑∑would be eliminated.

∑6∑∑∑∑∑And then we go down, and you had mentioned

∑7∑∑∑earlier on in your deposition that some regional

∑8∑∑∑folks had told you that Diane conveyed to them that

∑9∑∑∑she -- that once she becomes the RDO, your position

10∑∑∑would be one of the first positions to go.

11∑∑∑∑∑So is it your belief that Diane was

12∑∑∑retaliating against you for this investigation?

13∑∑∑∑∑MR. WHITE:∑Objection to form.

14∑∑∑∑∑You can answer.

15∑A∑That was my feeling.∑I mean, I feel that way --

16∑∑∑you know, part of me felt that way in my heart,

17∑∑∑yes.

18∑Q∑Okay.∑And I'm just asking for what you believe

19∑∑∑sitting here today.∑Do you believe that Diane did

20∑∑∑all this because she was dissatisfied with the

21∑∑∑Hinsdale investigation?

22∑A∑No.∑It doesn't have to do with just Hinsdale, no.

23∑Q∑What did it have to do with?

24∑A∑Well, there were instances where, when I was at Oak

25∑∑∑Lawn East, that I would be asked to review medical

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∑1∑∑records of patients coming in that they wanted to

∑2∑∑admit into the facility.

∑3∑∑∑∑And there were a couple of occasions where I

∑4∑∑looked at the medical records and one of the

∑5∑∑patients was a trach patient.∑We had no

∑6∑∑respiratory therapists in the building, and we did

∑7∑∑not have the proper equipment to safely accommodate

∑8∑∑that patient that day.

∑9∑∑∑∑And we have liaisons that work at the hospital

10∑∑that are ManorCare employees, and we had another

11∑∑patient that was an alcoholic that drank over two

12∑∑pints of alcohol a day, and they brought him into

13∑∑the ER at Christ.∑And they kept him and were going

14∑∑to send him right over to us.

15∑∑∑∑The staffing was such that when you have an

16∑∑alcoholic or somebody that was addicted to drugs,

17∑∑they are an extreme elopement risk.∑And it is

18∑∑important that we have the appropriate staff and

19∑∑equipment to care for a patient.

20∑∑∑∑So I talked to Juan, the liaison for

21∑∑ManorCare, and said, you've got to try to hold this

22∑∑admission off for one more day because he's going

23∑∑to be trying to exit the building.∑They're already

24∑∑challenged with staff, and we don't have the proper

25∑∑trach equipment.

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∑1∑∑∑∑And 15 minutes later, Diane D'Antonio, who all

∑2∑∑the liaisons report to, got this information from

∑3∑∑Juan that I wanted them to hold off, that would be

∑4∑∑my recommendation.∑And Diane Lube got on the phone

∑5∑∑and talked to the admissions director, talked to

∑6∑∑Kelly Cigar, and then I was told that I was no

∑7∑∑longer to review -- nobody was to review any of the

∑8∑∑information that the liaisons were sending over,

∑9∑∑that if we were told that there was an admission

10∑∑coming, we were to take them.∑And Kelly and I had

11∑∑a conversation about that afterwards.

12∑∑∑∑They sent the trach patient.∑They ended up

13∑∑having to cut up tubing and tape it and piecemeal

14∑∑it together, and it was very unsafe for the

15∑∑patient.∑And I made no qualms about that.

16∑∑∑∑I made a call to Diane D'Antonio and told her

17∑∑that your DONs are upset that they are not getting

18∑∑accurate information from Juan, that he is telling

19∑∑them mistruths about these admissions and they

20∑∑don't trust the information they're given.

21∑∑∑∑And once Diane heard that -- because Diane

22∑∑D'Antonio told Lube.∑That's when the phone call

23∑∑was made and they no longer wanted me to review any

24∑∑medical records.∑So it had something to do with

25∑∑that as well, I'm sure.

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∑1∑Q∑Earlier on in --

∑2∑A∑I just --

∑3∑Q∑Well, what I -- you said something earlier on in

∑4∑∑∑the deposition that kind of helped clarify things

∑5∑∑∑for me because I'm not in the industry.

∑6∑∑∑∑∑But you had said that, you know, Diane Lube --

∑7∑∑∑when it comes to Hinsdale, for example, Diane

∑8∑∑∑Lube -- Hinsdale did things the Hinsdale way and

∑9∑∑∑not the ManorCare Way; do you remember?

10∑A∑Yes.

11∑Q∑Okay.∑And that was when Diane was -- had

12∑∑∑responsibility for Hinsdale; right?

13∑A∑Yes.

14∑Q∑And so do you believe that -- and I got pretty

15∑∑∑specific to that -- I mean, because you referenced

16∑∑∑in your letter, you said that she wanted to

17∑∑∑eliminate your -- you knew that your position was

18∑∑∑going to be eliminated, in part, because of this

19∑∑∑Hinsdale investigation.

20∑∑∑∑∑I guess my question is do you believe that

21∑∑∑Diane's decisions were due to you being outspoken

22∑∑∑about following ManorCare policies?

23∑∑∑∑∑MR. WHITE:∑Objection to form.

24∑∑∑Mischaracterizes testimony.

25∑∑∑∑∑You can answer.

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∑1∑A∑I think it has a little bit to do with it, you

∑2∑∑∑know.∑I don't think it has everything.

∑3∑Q∑Okay.∑What else does -- do you believe motivated

∑4∑∑∑Diane Lube to eliminate your position?∑Because you

∑5∑∑∑state here you had the Hinsdale assignment.∑We

∑6∑∑∑talked about the medical records issue.∑What

∑7∑∑∑else -- what else would have frustrated Diane Lube,

∑8∑∑∑in your mind, for her to make the decision --

∑9∑A∑Because -- because I've met so many people who were

10∑∑∑so very intimidated by her, and they wouldn't speak

11∑∑∑up when it came to the patients and patient care.

12∑∑∑And I am outspoken when it comes to patient care.

13∑∑∑We're there to take care of them.∑We need to have

14∑∑∑what we need to take care of them.

15∑∑∑∑∑And oftentimes, it gets about the numbers and

16∑∑∑the number of admissions and, you know, the

17∑∑∑financial side of it.∑And although that's

18∑∑∑important, it's not as important as the patient or

19∑∑∑the staff that's caring for them.

20∑∑∑∑∑And she knew that I felt that way and would

21∑∑∑question whether or not something was appropriate

22∑∑∑or inappropriate when nobody else would do that

23∑∑∑with her.

24∑Q∑And, again, I obviously -- you are not Diane Lube,

25∑∑∑so you can't testify to what exactly her thought

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∑1∑∑∑process is necessarily.

∑2∑A∑I can't.

∑3∑Q∑But I'm asking you what you believe.∑Do you

∑4∑∑∑believe that she was intimidated by your

∑5∑∑∑outspokenness?

∑6∑A∑Yes, I do.

∑7∑Q∑Do you believe that played a part in the decisions

∑8∑∑∑regarding your employment status?

∑9∑A∑Yes, I do.

10∑Q∑Okay.∑Is there anything else that you think played

11∑∑∑a part in her decisions regarding your employment

12∑∑∑status?

13∑A∑Well, I think the fact that I had to have an

14∑∑∑accommodation that, basically, I was able to do and

15∑∑∑had been doing.∑I was able to sit and stand like I

16∑∑∑do now, as I'm sitting here, because of my back

17∑∑∑issues and the tumor that was in my sacrum that I

18∑∑∑needed to reposition.∑And I couldn't sit for

19∑∑∑longer than, you know, 15 or 20 minutes without

20∑∑∑having to move around at that point in time.∑And

21∑∑∑it was not a problem.

22∑∑∑∑∑I was able to do my job there, you know. I

23∑∑∑just got my computer and stood up and started

24∑∑∑working and -- or would go to the nurses' station

25∑∑∑and work.∑And I could have went to any other

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∑1∑∑∑buildings that were in the driving distance that I

∑2∑∑∑could have gotten.∑But, you know, she didn't want

∑3∑∑∑to accommodate me.

∑4∑Q∑And on that note --

∑5∑A∑And --

∑6∑∑∑∑∑MR. WHITE:∑Wait for a question.∑Wait for a

∑7∑∑∑question.

∑8∑Q∑We can talk a little more about the letter.∑But

∑9∑∑∑since you brought it up, I want to talk to you

10∑∑∑about what's been marked as Exhibit 5.

11∑∑∑∑∑(Defendant's Exhibit 5 previously marked.)

12∑A∑5 ...

13∑Q∑Do you see what I'm scrolling down?

14∑A∑Lori -- yes.∑Uh-huh.

15∑Q∑Okay.∑Is this a doctor's note?∑This appears to be

16∑∑∑a doctor's note dated June 6th, 2018.

17∑A∑Yes.

18∑Q∑Okay.

19∑A∑Yes.∑That was after my MRI.∑Uh-huh.

20∑Q∑Okay.

21∑∑∑∑∑MR. WHITE:∑Peter, you said this is Exhibit 5?

22∑∑∑∑∑MR. TSCHANZ:∑Yeah, this is Exhibit 5.

23∑∑∑∑∑MR. WHITE:∑Okay.

24∑∑∑∑∑MR. TSCHANZ:∑And if I go out of order, I'm

25∑∑∑still going to stick with how I numbered them

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∑1∑∑∑because I just don't want to confuse the court

∑2∑∑∑reporter.∑So, Ethan, for your reference, I have

∑3∑∑∑the exhibits labeled in the actual PDF.

∑4∑∑∑∑∑MR. WHITE:∑Yeah.

∑5∑∑∑∑∑MR. TSCHANZ:∑I'm sure you got that.

∑6∑∑∑∑∑MR. WHITE:∑I got it now.∑Thank you.

∑7∑BY MR. TSCHANZ:

∑8∑Q∑Okay.∑Ms. Gray, this is a doctor's note dated

∑9∑∑∑June 6, 2018.∑And it says, "Please note that Liza

10∑∑∑Gray was seen on June 6, 2018.∑At this time, she

11∑∑∑should not sit for long intervals and should stand

12∑∑∑and reposition herself after 15 minutes.∑She

13∑∑∑should also not stand for longer than 15 minutes at

14∑∑∑one time.∑Please consider these --

15∑A∑Yeah.

16∑Q∑-- "restrictions until further notice."

17∑A∑Yeah.

18∑Q∑So you went to the doctor on 6/6/2018?

19∑A∑Oh, I went to the doctor months before that and

20∑∑∑then I continued to see different doctors.

21∑Q∑Sure.∑I'm just asking, is it accurate that this

22∑∑∑note says you were seen on 6/6 of 2018?∑Is that,

23∑∑∑to your recollection, accurate?

24∑A∑I would assume so.∑I mean, if it says that, that's

25∑∑∑when I was there.

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∑1∑Q∑Okay.

∑2∑A∑I can only go by what they say.

∑3∑Q∑Tell me about -- tell me about what gave rise to

∑4∑∑∑this note and what -- you know, you provided it

∑5∑∑∑to -- you provided it to the defendant.∑You said

∑6∑∑∑it was after an MRI?

∑7∑A∑Yeah.∑I -- I had been having pain in my back.

∑8∑∑∑I've had issues with my back my whole life since I

∑9∑∑∑was 16, on and off, and gone for treatments.∑I've

10∑∑∑gone for osteopathic treatments, all different

11∑∑∑types, and it was come and go.∑And it started

12∑∑∑getting worse in the early spring and, you know, in

13∑∑∑the winter in 2018.

14∑∑∑∑∑And I didn't know, you know, what it was. I

15∑∑∑could tell -- I kind of felt I had a pinched nerve.

16∑∑∑And when you've had them, you know.∑And then I saw

17∑∑∑my attending.∑She wanted me to see and get X-rays

18∑∑∑and things like that.

19∑∑∑∑∑I've seen so many doctors and -- multiple

20∑∑∑doctors in, I believe, '17 and '18.∑But '18, it

21∑∑∑was getting to the point where it was pretty

22∑∑∑unbearable.∑And I know I was going for physical

23∑∑∑therapy.∑I was seeing a pain doctor and getting

24∑∑∑injections, and I was told to see

25∑∑∑Dr. DiGianfilippo -- who is a neurosurgeon -- by my

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∑1∑∑∑attending doctor.∑I believe maybe recommendation

∑2∑∑∑or gave me the form.∑I don't know.

∑3∑∑∑∑∑And he wanted an MRI done.∑And, basically,

∑4∑∑∑when I met with him, he had told me that I had

∑5∑∑∑multiple issues with my entire spine and that

∑6∑∑∑that's what causes me pain sitting and getting

∑7∑∑∑searing pain down my leg when I sit for longer

∑8∑∑∑than, you know, 10 or 15 minutes.

∑9∑∑∑∑∑And I kept telling him, I have to -- even now,

10∑∑∑I'm shifting back and forth in my chair and I have

11∑∑∑to stand up.

12∑∑∑∑∑So he said, you have to take that pressure off

13∑∑∑those nerves and this is how you do it, and he said

14∑∑∑to continue to go to therapy.∑But then he told me

15∑∑∑that there was a tumor in my sacral bone, and that

16∑∑∑is at the end of your tailbone.∑And they did not

17∑∑∑know at that time if it was malignant or benign.

18∑∑∑So they were all consulting with each other, and he

19∑∑∑was going to see his partners and show them the

20∑∑∑films and so on and so forth.

21∑Q∑Okay.

22∑A∑He's -- he's -- I'm sorry.

23∑Q∑I just want to make sure I understand.∑So you said

24∑∑∑that you had -- you kind of discussed -- and,

25∑∑∑again, I'll let you do the testifying here,

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∑1∑∑∑Ms. Gray, obviously.

∑2∑∑∑∑∑But to me, you discussed that you didn't have

∑3∑∑∑any problems of, like, getting up and going to the

∑4∑∑∑nurses' station.∑Do you -- and, you know, if you

∑5∑∑∑had to or -- do you remember testifying to that?

∑6∑A∑Yeah.∑If my back was sore, I would stand up and

∑7∑∑∑take my computer and put it up so I could stand for

∑8∑∑∑15 minutes and then go sit back down.

∑9∑Q∑And was that ever an issue at all in your mind?

10∑A∑Never.

11∑Q∑Okay.

12∑A∑No.

13∑Q∑My question is what did you -- if that wasn't an

14∑∑∑issue, why did we provide this note to defendant

15∑∑∑then?∑Was there a reason why that was --

16∑A∑Because --

17∑Q∑-- necessary?

18∑A∑I'm sorry.∑I couldn't hear you.

19∑Q∑I'm sorry.∑And I violated my own rule.∑I cut you

20∑∑∑off.

21∑∑∑∑∑I was just asking -- you had mentioned that

22∑∑∑you had no issues with -- you know, if you needed

23∑∑∑to -- your back was sore, you could stand up for

24∑∑∑15 minutes and then, you know, go back to what you

25∑∑∑were doing before.

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∑1∑∑∑∑∑And then we started talking about this

∑2∑∑∑exhibit, and this is memorializing sort of, like,

∑3∑∑∑this standing and repositioning 15-minute --

∑4∑A∑Right.

∑5∑Q∑-- accommodation.

∑6∑∑∑∑∑So I guess my question is why did you need to

∑7∑∑∑submit a note if you were already able to do that

∑8∑∑∑without any issues?

∑9∑A∑Well, I -- because I had this tumor now in my

10∑∑∑sacral bone, and I did not know if it was going to

11∑∑∑have to be surgically removed.

12∑∑∑∑∑But over the years of my employment, I have

13∑∑∑given them multiple doctors' notes and, you know,

14∑∑∑leave papers when I've had surgeries.∑So, you

15∑∑∑know, we require that from our employees.∑And I'm

16∑∑∑no different than any other employee.

17∑Q∑And so what was -- in what context do you believe

18∑∑∑this sitting and standing and repositioning

19∑∑∑yourself -- well, strike that.

20∑∑∑∑∑Did this have anything -- was this also to do

21∑∑∑with sitting in a car?

22∑A∑Well, I didn't even think about sitting in a car

23∑∑∑because it took me 12, 13 minutes to get to Oak

24∑∑∑Lawn East.∑I mean, you know, I -- so that wasn't

25∑∑∑an issue.

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∑1∑∑∑∑∑He wanted to make sure that, you know, that I

∑2∑∑∑knew about this tumor and that it was important

∑3∑∑∑because -- not only it's a tumor but because of the

∑4∑∑∑pressure on the spinal nerve, that you have to take

∑5∑∑∑the pressure off.∑And sitting or standing for any,

∑6∑∑∑you know, length of time is going to cause pain

∑7∑∑∑regardless.

∑8∑∑∑∑∑And the medication they treat you for was pain

∑9∑∑∑medication, Lyrica and things like that.∑I would

10∑∑∑not be able to take it and even drive.∑They're

11∑∑∑extremely sedating.

12∑Q∑Uh-huh.∑Okay.∑And so you -- is it accurate that

13∑∑∑you've never had any issues with being able to sit

14∑∑∑or reposition yourself at work after 15 minutes?

15∑∑∑∑∑MR. WHITE:∑Objection.∑Misstates testimony.

16∑∑∑∑∑You can answer.

17∑A∑I'm sorry.∑Could you -- Peter, could you repeat

18∑∑∑that for me?

19∑Q∑Oh, sure.∑Yeah.∑I guess my question simply is you

20∑∑∑said you had gotten this note just like you had

21∑∑∑gotten any other doctor note prior if you had a

22∑∑∑surgery or something like that.∑And I asked, you

23∑∑∑know, whether you experienced any issues with

24∑∑∑someone letting you stand or reposition yourself

25∑∑∑after 15 minutes.

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∑1∑∑∑∑∑My question is, is it accurate that you never

∑2∑∑∑experienced any issues with someone allowing you to

∑3∑∑∑reposition yourself after 15 minutes?

∑4∑∑∑∑∑MR. WHITE:∑Objection to form.

∑5∑A∑Um ...

∑6∑Q∑I can restate that.∑Did anyone ever tell you that

∑7∑∑∑you would not be permitted to stand or reposition

∑8∑∑∑yourself?

∑9∑∑∑∑∑MR. WHITE:∑Objection to form and foundation.

10∑∑∑∑∑You can answer.

11∑A∑Well, I explained to Diane when she called me to

12∑∑∑eliminate my position and she offered me Elk Grove

13∑∑∑Village.∑I said the mileage is not an issue, it's

14∑∑∑the commute.

15∑∑∑∑∑I lived in Berwyn, and it took me -- when I

16∑∑∑was the DON in Rolling Meadow [sic],∑45 minutes to

17∑∑∑get there.∑I said -- and then I told her, there's

18∑∑∑no way I could drive to Elk Grove Village going

19∑∑∑northbound, you know, at that time of the day. I

20∑∑∑couldn't do it.∑I'd have to get out on the

21∑∑∑interstate and stand on the side of the road and

22∑∑∑move around, you know, I don't know how many times.

23∑Q∑Did you tell her about this -- did you discuss this

24∑∑∑doctor's note?

25∑A∑Yeah, I told her.∑And I said to her -- and I told

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∑1∑∑∑her, I said, I just found out that I have a tumor

∑2∑∑∑in my sacral bone.∑I said, Diane, I don't know if

∑3∑∑∑it's benign or if it's malignant.

∑4∑∑∑∑∑And I made a mistake in the letter I sent to

∑5∑∑∑the CEO where it said -- she said, oh, I'm sorry.

∑6∑∑∑No, she didn't.∑What I meant to say in there is

∑7∑∑∑she didn't even say I'm sorry to hear that, I hope

∑8∑∑∑everything's okay.∑Her comment was, well, I'm

∑9∑∑∑offering you this position in Elk Grove Village,

10∑∑∑you know, you can sleep on it overnight and let me

11∑∑∑know tomorrow.∑And that was her response.

12∑∑∑∑∑And I'm thinking, you're kidding me.∑I don't

13∑∑∑know if I have cancer or don't, and that's the

14∑∑∑response you're giving me?

15∑Q∑Do you -- let me pull up Exhibit 4 again really

16∑∑∑quick.∑And if I just go to the top of the first

17∑∑∑page, which is 587 -- again, we talked about this

18∑∑∑before, but I'm just trying to -- making sure we're

19∑∑∑understanding context.

20∑∑∑∑∑Again, when you heard Diane Lube was going to

21∑∑∑take the job over at Oak Lawn East, you knew your

22∑∑∑job was going to be eliminated.

23∑∑∑∑∑So when you -- my question to you is when you

24∑∑∑accepted the nurse educator position with -- under

25∑∑∑Kelly Cigar, were you worried that at some point --

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∑1∑∑∑you know, you testified you were in it for a year

∑2∑∑∑or more.∑Were you worried throughout that year or

∑3∑∑∑more when you were a nurse educator that Diane Lube

∑4∑∑∑was going to come in and eliminate your position?

∑5∑A∑I can't say that I was or wasn't.∑I really don't

∑6∑∑∑know.

∑7∑Q∑Okay.

∑8∑A∑I was just thrilled to work with Kelly.

∑9∑Q∑So it never -- so you don't -- you can't recall if

10∑∑∑you -- it ever crossed your mind that that position

11∑∑∑might be eliminated by Diane Lube?

12∑A∑No.∑I can't say.∑I just knew that I wanted to

13∑∑∑work with Kelly and I got the job.∑I was thrilled.

14∑Q∑Oh, I want to make sure I'm getting -- I'm phrasing

15∑∑∑it correctly.

16∑∑∑∑∑I guess my question is when you accepted the

17∑∑∑job, and I understand that you were thrilled about

18∑∑∑it, was there ever any worry that Diane Lube was

19∑∑∑going to step in and eliminate this position as

20∑∑∑well?

21∑A∑I honestly don't know.∑I mean, I'm sure it crossed

22∑∑∑my mind, you know.∑How long is she going to let me

23∑∑∑do this?∑Because that was her MO.∑That's what she

24∑∑∑kept doing.∑But I thought if I was with Kelly, it

25∑∑∑wouldn't be an issue.

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∑1∑Q∑And why would that be an issue if you were with

∑2∑∑∑Kelly -- would not be an issue if you were with

∑3∑∑∑Kelly?

∑4∑A∑Because I didn't report to Diane Lube anymore.

∑5∑Q∑Okay.∑And did Kelly, did she discuss with you how

∑6∑∑∑long she anticipated you would be in the nurse

∑7∑∑∑education position?

∑8∑∑∑∑∑MR. WHITE:∑Objection to foundation.

∑9∑A∑Well --

10∑∑∑∑∑MR. WHITE:∑You can answer.

11∑A∑Oh, no. We never had that discussion, and it

12∑∑∑wasn't -- I didn't just do nurse education there.

13∑∑∑I was asked -- even though my position was

14∑∑∑eliminated as a regional nurse, Kelly kept getting

15∑∑∑e-mails or calls from Diane still requesting that I

16∑∑∑go to the buildings in the surrounding area to help

17∑∑∑them out with different duties.

18∑Q∑And that was -- it was your understanding that

19∑∑∑Diane was asking you to go do that?

20∑A∑Oh, I know she was.∑She was telling Kelly, I need

21∑∑∑Liza to go to Palos West and do a drug diversion

22∑∑∑investigation.∑I need her to go to Oak Lawn East

23∑∑∑and help them with their Joint Commission.

24∑∑∑∑∑So even though she eliminated my position, she

25∑∑∑still told my supervisor that she wanted me to do

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∑1∑∑∑these things.

∑2∑∑∑∑∑And Kelly said she didn't -- you know, she was

∑3∑∑∑intimidated by her.∑She didn't, you know, feel

∑4∑∑∑comfortable questioning her or telling her that she

∑5∑∑∑still needed me at the building, and I had to go.

∑6∑Q∑Did you ever tell Diane that you disagreed with you

∑7∑∑∑still having to leave the building?

∑8∑A∑I -- I sent her e-mails regarding questions I had

∑9∑∑∑on that, and she would never answer them.

10∑Q∑What facilities did she have -- well, so would this

11∑∑∑have been in 2018 you were still traveling to

12∑∑∑different facilities?

13∑A∑Oh, yeah.∑Yeah.∑I went to Palos West -- which

14∑∑∑took me about, I don't know, 15 minutes to get

15∑∑∑to -- Palos East, and Oak Lawn West.

16∑∑∑∑∑And I could get to Homewood in 20 minutes

17∑∑∑because I lived right at the intersection of

18∑∑∑La Grange Road and 294, and you go against traffic

19∑∑∑there.∑So you can fly down 294 with no problem.

20∑Q∑And so did you ever go to Elk Grove during this

21∑∑∑time frame?

22∑A∑No.∑No, because that was not in my region.

23∑Q∑Oh, okay.∑I understand.∑I understand.∑So during

24∑∑∑the time frame where Diane Lube was directing Kelly

25∑∑∑Cigar to have you visit other facilities, were you

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∑1∑∑∑still limited by the 15 minutes of sitting and

∑2∑∑∑repositioning yourself or were you limited -- like,

∑3∑∑∑did you have that same sort of restriction as

∑4∑∑∑described in the doctor's note during this time?

∑5∑∑∑∑∑MR. WHITE:∑Object to form.

∑6∑∑∑∑∑You can answer.

∑7∑A∑Yeah.∑But yeah, I mean, I could sit or stand, but

∑8∑∑∑I don't remember if I had gone anywhere during that

∑9∑∑∑time.∑I know I had gone to Palos West.

10∑∑∑∑∑But I could sit and stand doing some of the

11∑∑∑things that I needed to do and -- you know,

12∑∑∑standing now.∑And I just did it when it was

13∑∑∑hurting me.∑But I don't recall if or when that

14∑∑∑was.∑I can't tell you when I went to help them

15∑∑∑with Joint Commission, when I went to Pa- -- Oak

16∑∑∑Lawn East.∑I was going back and forth to these

17∑∑∑buildings all the time.

18∑Q∑Did you ever raise with Diane during this time

19∑∑∑frame issues that -- anything related to a commute?

20∑∑∑And let me strike that.

21∑∑∑∑∑I am not talking about what you had talked to

22∑∑∑about in your letter.∑Prior to this telephone

23∑∑∑conversation, did you ever discuss limitations

24∑∑∑traveling in a car with Diane or express concerns

25∑∑∑in that regard?

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∑1∑∑∑∑∑MR. WHITE:∑Objection to form.

∑2∑∑∑∑∑You can answer.

∑3∑A∑It really had never come up until my back started

∑4∑∑∑getting worse, you know, in that spring and I

∑5∑∑∑started going for physical therapy.∑And then I had

∑6∑∑∑to seek, you know, more medical help.

∑7∑∑∑∑∑So it was on the phone the day she -- we had

∑8∑∑∑the conversation about my job being eliminated

∑9∑∑∑again.

10∑Q∑Was that the first time you talked about the

11∑∑∑commute issue?

12∑A∑Yeah.

13∑Q∑Okay.∑And so when she called you on the phone,

14∑∑∑like, the -- is it your under- -- the purpose of

15∑∑∑her calling you, your understanding is to tell you

16∑∑∑that your position as a nurse educator was being

17∑∑∑eliminated?

18∑A∑Yes.

19∑Q∑So, I mean, is it safe -- do you agree that the

20∑∑∑decision was made prior to that conversation?

21∑∑∑∑∑MR. WHITE:∑Objection.∑Calls for speculation.

22∑A∑Oh, absolute- --

23∑∑∑∑∑MR. WHITE:∑Lacks foundation.

24∑∑∑∑∑You can answer.

25∑A∑Can you ask me that question again?

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∑1∑Q∑Sure.∑I just wanted -- you had stated that the

∑2∑∑∑purpose of the phone call was to inform you that

∑3∑∑∑your position was being eliminated.

∑4∑A∑Yeah.

∑5∑Q∑And my question was, you know, do you believe it's

∑6∑∑∑safe to assume or do you believe it's reasonable to

∑7∑∑∑assume that the decision wasn't made right then and

∑8∑∑∑there on the telephone?

∑9∑∑∑∑∑Ms. Lube had -- based on your belief, Ms. Lube

10∑∑∑had made the decision prior to picking up the phone

11∑∑∑and calling you; right?

12∑∑∑∑∑MR. WHITE:∑Objection to form.∑Foundation.

13∑∑∑Calls for speculation.

14∑∑∑∑∑You can answer.

15∑A∑I don't -- my understanding was that that was the

16∑∑∑purpose of the call, was that she called me and

17∑∑∑that was the conversation.

18∑Q∑Okay.∑And I guess my question is -- and, again,

19∑∑∑your counsel is going to raise objections.

20∑∑∑∑∑And, you know, I'm not asking you to speculate

21∑∑∑what was actually happening in her mind, but is it

22∑∑∑your understanding that the decision to -- that

23∑∑∑your understanding and belief that the decision to

24∑∑∑eliminate your position was made prior to that

25∑∑∑telephone call?

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∑1∑∑∑∑∑MR. WHITE:∑Objection to foundation.∑Calls

∑2∑∑∑for speculation.

∑3∑A∑I don't know.∑I can't answer that.∑I just know

∑4∑∑∑that was her conversation.

∑5∑Q∑You just know what from the conversation?∑Did she

∑6∑∑∑tell you that she had made the decision?∑You

∑7∑∑∑know --

∑8∑A∑Yes.∑Yes, she did.

∑9∑Q∑Let's do it this way.∑What did -- you referenced

10∑∑∑the telephone call in your letter.∑Tell me

11∑∑∑everything that was discussed during that telephone

12∑∑∑call.

13∑A∑She said, Liza, Diane -- and she made some comments

14∑∑∑about I was difficult to get ahold of.∑I don't

15∑∑∑know why she said that.

16∑∑∑∑∑I said, why would you say that?∑Because I was

17∑∑∑just in the building on Friday or, you know, the

18∑∑∑day before.∑And I said, well, I must not have been

19∑∑∑there that day.

20∑∑∑∑∑And she said, well, I just wanted to let you

21∑∑∑know that I've made the decision and we're going

22∑∑∑to -- we're going to eliminate your position at Oak

23∑∑∑Lawn East.∑That Jackie, the director of nursing,

24∑∑∑is doing a phenomenal job and I don't think the

25∑∑∑building needs your help anymore.∑And because of

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∑1∑∑the amount of money that you make, you know, I'm

∑2∑∑going to eliminate the position.

∑3∑∑∑∑And I said to her, this building is the only

∑4∑∑building that made budget.∑We made over a million

∑5∑∑dollars, and you're telling me that you can't

∑6∑∑afford to keep me here?∑And I don't recall what

∑7∑∑her response was.

∑8∑∑∑∑And she said, the only position that's open is

∑9∑∑in Elk Grove Village.

10∑∑∑∑And that's when I told her, I said, I have

11∑∑been to see multiple doctors.∑I said, I just found

12∑∑out from my MRI that I have a tumor in my pubic --

13∑∑I mean in my sacral bone.∑I said, I don't know if

14∑∑it's benign or if it's cancerous.∑And I said,

15∑∑you're telling me that the only position open is in

16∑∑Elk Grove Village?

17∑∑∑∑I said, Diane, when you were an administrator

18∑∑and we were all discussing the location -- the

19∑∑regional team, because we all went to the regional

20∑∑Q and A meetings.∑I said, we were discussing

21∑∑location, and when somebody wanted it to be up

22∑∑north at Elk Grove Village, all the administrators

23∑∑started -- you know, and I'm being facetious, you

24∑∑know, crying and whining and begging Leslie to not

25∑∑make them drive there because the commute was

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∑1∑∑∑absolutely insane.

∑2∑∑∑∑∑And she said, well, you know, I don't -- I

∑3∑∑∑don't -- I don't think it's going to take all that

∑4∑∑∑long.

∑5∑∑∑∑∑And I said, well, I lived 14 miles closer to

∑6∑∑∑it than that and it took me 45 minutes just to get

∑7∑∑∑to Rolling Meadows, which isn't far at all from

∑8∑∑∑there.∑And that was on a good day.

∑9∑∑∑∑∑And she just said -- and she didn't -- when I

10∑∑∑told her about the tumor, she didn't say, oh, I'm

11∑∑∑sorry.∑What I meant is she didn't even give

12∑∑∑credence to it.∑You know, like, I'm sorry to hear

13∑∑∑that.∑Let me know if everything's okay.∑Do you

14∑∑∑need anything?∑Nothing.∑It's just, you know,

15∑∑∑well, why don't you sleep on it and let me know

16∑∑∑tomorrow?

17∑∑∑∑∑And I just -- I was just flabbergasted.∑And

18∑∑∑then I immediately got on the phone and made some

19∑∑∑other calls.

20∑Q∑And we can talk about those other calls.∑When did

21∑∑∑this conversation with Diane occur?

22∑A∑It was -- I believe it was on a Thursday and Kelly

23∑∑∑Cigar, my boss, was on vacation.∑And so that much

24∑∑∑I know for fact.

25∑Q∑So you don't know the -- you can't recall?

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∑1∑A∑Date -- the exact date?∑No.∑I -- I don't. I

∑2∑∑∑don't remember the exact date.∑And I would be

∑3∑∑∑speculating, and I don't want to do that.

∑4∑Q∑And that's fine.∑If you don't recall, you don't

∑5∑∑∑recall.∑Would it -- is it possible that it was at

∑6∑∑∑the end of May 2018?

∑7∑A∑Oh, no, no, no, no.∑It was in June, when Kelly was

∑8∑∑∑on vacation.

∑9∑Q∑Okay.∑And do you remember what part of June that

10∑∑∑would have been?

11∑A∑I believe it was the week around the 18th of June.

12∑∑∑You know, it was -- it was preceding the 18th. I

13∑∑∑don't know why the 18th sticks in my head.

14∑Q∑Okay.∑So if we take a look at ...

15∑A∑Are you there?

16∑Q∑Yeah.∑I'm sorry.∑I'm just trying to get my screen

17∑∑∑back up.∑Okay.∑So we had talked about Exhibit 5.

18∑∑∑Are you seeing that?

19∑A∑Yes.

20∑Q∑And if we go up to the top of this exhibit, "Work

21∑∑∑note for Liza" --

22∑A∑Liza Gray.

23∑Q∑Liza.∑Sorry, Ms. Gray.∑I stopped myself because I

24∑∑∑realized I mispronounced it.

25∑∑∑∑∑Did you -- did you send this doctor note or

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∑1∑∑∑provide it to anyone or was this sent by your

∑2∑∑∑doctor's office, to your knowledge?

∑3∑A∑It was sent by my doctor's office.∑And I know -- I

∑4∑∑∑remember seeing it because my desk is right next to

∑5∑∑∑the fax machine.∑And anytime we printed on the fax

∑6∑∑∑machine or there were e-mails that came over,

∑7∑∑∑everybody sorted through them and put them in

∑8∑∑∑people's appropriate box.

∑9∑∑∑∑∑And I think -- I believe Carol, the

10∑∑∑receptionist, was there because I was going to hand

11∑∑∑it to Sharon and I think her door might have been

12∑∑∑closed.∑And I said, would you give this to Carol?

13∑∑∑This just came over from the doctor's office.

14∑∑∑∑∑And they said they would send something, and

15∑∑∑then they were going to send another notice if I

16∑∑∑needed to have surgery.∑But anyway, that's all I

17∑∑∑remember about that.

18∑Q∑Okay.∑Do you know --

19∑A∑But that's --

20∑Q∑Did you give this to Diane Lube at any point?

21∑A∑Did I give it to her?

22∑Q∑Correct.∑Did you give it to her?

23∑A∑No.∑Because I told -- no.

24∑Q∑So do you know if she knew anything about this

25∑∑∑doctor's note prior to you telling her that on what

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∑1∑∑∑you believe to be the 18th of June of 2018?

∑2∑∑∑∑∑MR. WHITE:∑Objection.∑Calls for speculation.

∑3∑∑∑∑∑You can answer.

∑4∑A∑I know that I told her that.

∑5∑Q∑During the telephone call --

∑6∑A∑Yeah.

∑7∑Q∑-- that we discussed?

∑8∑A∑Yes.

∑9∑Q∑And that was the first time you told her about it?

10∑A∑Yes.∑Because I would have no sense to tell her.

11∑∑∑She wasn't my boss.∑It was, you know, Kelly -- for

12∑∑∑Kelly and for my files.

13∑Q∑So based on your knowledge of company policy, Diane

14∑∑∑wouldn't even have been -- well, strike that.

15∑∑∑∑∑Did you -- did you -- at any point, did you

16∑∑∑assume that this doctor's note that was sent in

17∑∑∑would be given to Diane?

18∑∑∑∑∑MR. WHITE:∑Objection to form and foundation.

19∑∑∑∑∑You can answer.

20∑A∑I don't know.∑I don't know.∑I don't think so. I

21∑∑∑don't know.

22∑Q∑So you don't know either way.∑So sitting here

23∑∑∑today, you can't say -- you have no evidence to

24∑∑∑suggest that she knew anything about this note

25∑∑∑prior to you telling her during that telephone

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∑1∑∑∑call?

∑2∑∑∑∑∑MR. WHITE:∑Objection.∑Misstates facts.

∑3∑∑∑Calls for speculation.

∑4∑∑∑∑∑You can answer.

∑5∑A∑I don't know.∑I don't know that she knew or did

∑6∑∑∑not know.

∑7∑Q∑Okay.∑I'm going to put up another exhibit.

∑8∑∑∑∑∑MR. TSCHANZ:∑This is Exhibit 6, Ethan.

∑9∑∑∑∑∑MR. WHITE:∑Okay.∑Thanks.

10∑∑∑∑∑(Defendant's Exhibit 6 previously marked.)

11∑Q∑Okay.∑This looks to be -- it's a one-page

12∑∑∑document.∑It looks to be another doctor's note

13∑∑∑dated 6/12/2018.∑Do you see that exhibit?

14∑A∑Yeah.∑Yes.

15∑Q∑And it says, "To whom it may concern: I have

16∑∑∑advised that above-named patient to take a medical

17∑∑∑leave due to her severe medical condition.∑If you

18∑∑∑require more information, please feel free to

19∑∑∑inform me."

20∑∑∑∑∑So this was after the doctor's note that we

21∑∑∑just discussed; right?

22∑A∑Yes.

23∑Q∑Okay.

24∑A∑And -- yeah.

25∑Q∑So what changed between June 6th and June 12th?

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∑1∑A∑Well, after I wrote the e-mail to the CEO, I got an

∑2∑∑∑immediate response.∑And Steve Cavanaugh told me

∑3∑∑∑that this gentleman, Jeff, would be calling me and

∑4∑∑∑he would be sending him out to Chicago to look into

∑5∑∑∑all this.

∑6∑∑∑∑∑And I had called Deb Durham, who is the

∑7∑∑∑regional HRD.∑I called -- well, I tried calling

∑8∑∑∑Kelly first after I got off the phone with Diane.

∑9∑∑∑Then I called Deb Durham to find out if she had any

10∑∑∑knowledge of this, and --

11∑Q∑Knowledge of what?

12∑A∑Of her terminating my position.∑Because the

13∑∑∑company policy is that you cannot eliminate a

14∑∑∑position of employment for any employee that's been

15∑∑∑with the company longer than five years without the

16∑∑∑CEO's permission.∑And Deb Durham had no knowledge

17∑∑∑of Diane Lube doing this, so it was not done

18∑∑∑according to the company policy.

19∑∑∑∑∑So then Jeff called me on the phone after I

20∑∑∑talked to Deb Durham, and the letter -- the letter

21∑∑∑went over to the CEO, the e-mail.∑And Jeff called

22∑∑∑me and told me he would be there in the morning.

23∑∑∑And then when he called me, he said -- you know, I

24∑∑∑talked to him.

25∑∑∑∑∑And he said, well, you've had, you know, these

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∑1∑∑∑issues, you've been going for therapy.∑And he

∑2∑∑∑said, did anybody even offer you an FMLA?

∑3∑∑∑∑∑I said, no.∑I said, I've just been going to

∑4∑∑∑my appointments and going to my therapy.

∑5∑∑∑∑∑He said, well, you are entitled by law to have

∑6∑∑∑an FMLA.∑And he said -- I'm just letting you know

∑7∑∑∑that he said, I will call you tomorrow.∑Just give

∑8∑∑∑me a chance to get into the building and, you know,

∑9∑∑∑see what's happening and going on.

10∑∑∑∑∑And then I believe he was with Deb Durham.

11∑∑∑She came into Oak Lawn East the next day.∑And then

12∑∑∑at -- at some point -- I can't remember if I went

13∑∑∑to work the next day or Diane came in that

14∑∑∑afternoon.∑But she came in and had me sign a piece

15∑∑∑of paper that she was eliminating my position and

16∑∑∑that there was a position opened in Elk Grove

17∑∑∑Village if I wanted it.

18∑Q∑After the conversation on the telephone?

19∑A∑Yes.∑Yes.∑And she made me sign it.∑I did not get

20∑∑∑a copy.

21∑∑∑∑∑And anyway, the next -- I believe it was the

22∑∑∑next day, I think I actually went to work.∑But I

23∑∑∑was so upset and despondent, I couldn't even

24∑∑∑concentrate.

25∑∑∑∑∑So Jeff told me he was on his way and he said

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∑1∑∑∑it was fine just to go home and that they would pay

∑2∑∑∑me for that workweek, Tuesday and Wednesday and

∑3∑∑∑Thursday.∑I think it was that Monday I went in and

∑4∑∑∑met with Diane and she gave me this piece of paper

∑5∑∑∑to sign, and --

∑6∑Q∑And I just want to be efficient as possible,

∑7∑∑∑Ms. Gray.∑I'm just trying to figure out -- because

∑8∑∑∑we have a restriction that -- of sitting and

∑9∑∑∑standing and repositioning yourselves in the

10∑∑∑June 6th note, but --

11∑A∑Right.

12∑Q∑-- now we have this continuous recommendation for a

13∑∑∑continuous leave of absence.∑It looks like --

14∑A∑Because --

15∑∑∑∑∑MR. WHITE:∑Liza.

16∑A∑Because --

17∑∑∑∑∑MR. WHITE:∑Liza.∑Liza, you need to wait for

18∑∑∑him to ask a question; okay?∑Don't cut him off.

19∑∑∑Let him ask a question.

20∑Q∑I'm just trying to -- I'm just trying to get a

21∑∑∑sense of what had changed, you know.∑Because you

22∑∑∑had testified earlier that despite memorializing

23∑∑∑these restrictions in this doctor's note dated

24∑∑∑June 6, 2018, you had not experienced pushback

25∑∑∑regarding, you know, sitting and standing at your

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∑1∑∑∑desk, that sort of thing.∑And now, six days later,

∑2∑∑∑we have a recommendation for a -- take a medical

∑3∑∑∑leave due to severe medical condition.

∑4∑∑∑∑∑So, you know, what changed?∑Because this

∑5∑∑∑reads to me -- and you tell me what you're

∑6∑∑∑understanding -- that this is a continuous leave of

∑7∑∑∑absence.

∑8∑A∑Because that's different -- oh, I'm sorry. I

∑9∑∑∑thought you were done.

10∑Q∑No, no, no.∑Go ahead and answer.

11∑A∑Oh, okay.∑Because Deb Durham and Jeff had gone

12∑∑∑into the building and, Sunday, called me.

13∑∑∑∑∑And that's when he had told me, he said, Liza,

14∑∑∑has anybody offered you a medical leave?

15∑∑∑∑∑And I said, no.

16∑∑∑∑∑And he said, well, you're entitled to that and

17∑∑∑you should have been offered that and you were not.

18∑∑∑And he said, we want you -- you know, see your

19∑∑∑doctor.

20∑∑∑∑∑And I was going to have to see her anyway and

21∑∑∑talk to her about what Dr. DiGianfilippo said about

22∑∑∑my sacral -- this mass there.∑And I said, well,

23∑∑∑I'll see her and I'll get the paperwork.

24∑∑∑∑∑And that's what changed, is they told me to

25∑∑∑get the note from the doctor for the FMLA.∑And I

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∑1∑∑∑got it and went to see her, and they told me to do

∑2∑∑∑that.∑And they said, make sure you get the FMLA

∑3∑∑∑paperwork filled out because you're entitled to it

∑4∑∑∑and you should have been given it, and then, you

∑5∑∑∑know, that they would be in touch.∑And that's what

∑6∑∑∑I remember about that.

∑7∑∑∑∑∑And so I went and saw Dr. Nasreen Hamidani,

∑8∑∑∑and -- I believe that's who that's from.∑I can't

∑9∑∑∑see.∑She was my -- yeah, she was my attending and

10∑∑∑she filled out the paperwork.∑And she said, just

11∑∑∑don't work until, you know, they do -- they did

12∑∑∑some other tests.∑They did a CAT scan.∑They did

13∑∑∑the MRI and an EMG, and she said not to work and go

14∑∑∑on the FMLA.∑And that's what I did.

15∑∑∑∑∑And not only was it due to the -- my back, I

16∑∑∑was in such a severe mental state --

17∑∑∑∑∑MR. TSCHANZ:∑Ethan, do you think we need to

18∑∑∑take another five-minute break?

19∑∑∑∑∑MR. WHITE:∑Yeah, that's fine.∑We've been

20∑∑∑going a while too.∑Why don't we take another

21∑∑∑five-minute break.

22∑∑∑∑∑(A brief recess was taken.)

23∑BY MR. TSCHANZ:

24∑Q∑Ms. Gray, we're back on the record.∑Do you

25∑∑∑understand that you're still under oath?

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∑1∑A∑Yes.

∑2∑Q∑Okay.∑Are you able to continue on?

∑3∑A∑Uh-huh.∑Yes.

∑4∑Q∑Yes?∑Okay.∑I'm going to share my screen again.

∑5∑∑∑All right.∑Can you see the document, page 3 of 4?

∑6∑∑∑It says it at the top.

∑7∑A∑Yes.

∑8∑Q∑Okay.∑So then this is Exhibit 4, and we had been

∑9∑∑∑discussing Exhibit 12.

10∑∑∑∑∑(Defendant's Exhibit 12 previously marked.)

11∑Q∑And I just kind of want to the unpackage some of

12∑∑∑your testimony to see if I can -- because I know we

13∑∑∑have been uncertain about dates, but I think that

14∑∑∑we might be able to kind of nail down some of these

15∑∑∑time lines.

16∑∑∑∑∑So in Exhibit 4 in your letter -- e-mail, as I

17∑∑∑scroll through here -- okay.∑Do you see towards

18∑∑∑the bottom of this page, says, "Mr. Cavanaugh, I

19∑∑∑received a call today from Diane Lube telling" you

20∑∑∑"once again, my job was being eliminated."

21∑∑∑∑∑Do you see that?

22∑A∑Yes.

23∑Q∑So did you send this e-mail the day you learned

24∑∑∑that your nurse educator position would be

25∑∑∑eliminated?

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∑1∑A∑Yes.∑As soon as I got off the phone --

∑2∑Q∑Okay.

∑3∑A∑-- with her.

∑4∑Q∑Okay.∑And then if I'm understanding your

∑5∑∑∑testimony, this doctor's note followed that e-mail;

∑6∑∑∑is that right?

∑7∑A∑From Dr. Hamidani?∑Yes.

∑8∑Q∑And so your telephone call with Ms. Lube would have

∑9∑∑∑to have occurred, at the earliest, on 6/12.∑Would

10∑∑∑you agree with that statement?

11∑A∑Yeah.∑It had to be before that, I guess.

12∑Q∑Okay.∑And how long do you estimate -- after you

13∑∑∑sent your e-mail, when did you receive a response;

14∑∑∑do you remember?

15∑∑∑∑∑MR. WHITE:∑Objection.∑Foundation.

16∑∑∑∑∑You can answer.

17∑A∑I -- it wasn't very long after I sent it, you know,

18∑∑∑within maybe an hour.

19∑Q∑Okay.∑And did you have to go to the -- your

20∑∑∑doctor's office or did you call --

21∑A∑No, no.∑I -- oh, I'm sorry.∑I thought you were

22∑∑∑done.

23∑Q∑No, you go ahead.∑Go ahead.

24∑A∑No.∑I had to see Dr. Hamidani anyway to follow up

25∑∑∑with her about the MRI and the other scan that the

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∑1∑∑∑surgeon had ordered.

∑2∑Q∑And do you remember when that appointment was?∑Was

∑3∑∑∑it on the 12th or was it before the 12th?

∑4∑A∑I don't know.∑I saw her -- I had many visits with

∑5∑∑∑her.

∑6∑Q∑Okay.∑But you would have had to have seen this

∑7∑∑∑doctor on or before June 12th?∑Is that -- do you

∑8∑∑∑agree with that?

∑9∑A∑On or before June 12th, yes.

10∑Q∑Okay.

11∑A∑And I --

12∑Q∑And I recognize that -- well, let me just ask you

13∑∑∑the question.∑In Exhibit 5, do you see where it

14∑∑∑says "Confidential Facsimile Transmittal Sheet"?

15∑∑∑Do you see --

16∑A∑Yes.

17∑Q∑-- that?∑Okay.∑Did you write any of this?

18∑A∑No.∑That's not my writing.

19∑Q∑Okay.∑And do you see it says June 7, 2018?

20∑A∑Yes.

21∑Q∑Okay.∑And you didn't write that date; did you?

22∑A∑No.

23∑Q∑Okay.

24∑A∑That's none of my writing.∑That's Lori's writing

25∑∑∑from DiGianfilippo.

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∑1∑Q∑So do you have any basis to dispute that this fax

∑2∑∑∑was sent on June 7th, 2018?

∑3∑A∑Wait.∑I'm sorry.∑Could you repeat that?

∑4∑Q∑Sure.∑Do you have any basis to suggest that this

∑5∑∑∑doctor's note was sent on any date other than

∑6∑∑∑June 7th, 2018?

∑7∑A∑I don't think so.∑Doesn't it say on the top of it

∑8∑∑∑when it was received via the fax?

∑9∑∑∑∑∑"Resend 06-07-18:03:11 p.m."

10∑∑∑∑∑I don't know what that means.

11∑Q∑So if someone were to tell you that this doctor's

12∑∑∑note was sent or received by ManorCare on June 7th,

13∑∑∑2018, would you have any evidence to say that's not

14∑∑∑true?

15∑A∑No.

16∑Q∑Okay.∑So is it possible that your meeting,

17∑∑∑telephone call with Ms. Lube occurred prior to 6/7

18∑∑∑of 2018?

19∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

20∑A∑No.∑It was towards the week of the 18th.∑And I --

21∑∑∑that sticks in my mind because I think the 18th,

22∑∑∑they put down as my last day that I physically

23∑∑∑either worked or -- I'd have to have a calendar in

24∑∑∑front of me.

25∑∑∑∑∑But that may have been a Tuesday that they

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∑1∑∑∑paid me for, Tuesday, Wednesday, and Thursday.

∑2∑∑∑Even though they told Jeff, the corporate HR, told

∑3∑∑∑me not to worry about coming into work that week,

∑4∑∑∑that I could stay home and they would pay me.

∑5∑Q∑Okay.∑Well, let's take a look at what's marked

∑6∑∑∑Exhibit 7.

∑7∑∑∑∑∑(Defendant's Exhibit 7 marked.)

∑8∑A∑Uh-huh.

∑9∑Q∑And I'm just going to ask some just generalized

10∑∑∑questions about these -- this document.∑Does -- at

11∑∑∑least this first page.∑Does this look familiar to

12∑∑∑you?

13∑A∑Yes.

14∑Q∑Okay.∑"On June 16th, 2018, we became aware of your

15∑∑∑need to take a leave of absence."∑Did you write

16∑∑∑that?

17∑A∑No.∑Uh-uh.

18∑Q∑Okay.∑Are these your initials, one or more of

19∑∑∑these your initials?

20∑A∑No.∑The -- the dates were struck out.∑The dates

21∑∑∑where it says 6/18/18 and 9/10/18, I think, were

22∑∑∑mine because those -- she told me to fill out the

23∑∑∑dates that, I think, we counted on the calendar,

24∑∑∑like, the FMLA weeks.∑Because they said it could

25∑∑∑end sooner than that if I was okay or, you know,

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∑1∑∑∑not.∑If I needed more time, I could take a

∑2∑∑∑personal leave.

∑3∑∑∑∑∑But Sharon, for some reason, I guess, didn't

∑4∑∑∑put it in the system.∑So that's why we both

∑5∑∑∑initialed.∑She initialed -- she wrote the 7/13/18

∑6∑∑∑and initialed -- that's Sharon Jones.∑And then I

∑7∑∑∑initialed by -- like, just below that sentence,

∑8∑∑∑that's my initial and hers, under 10/11/18.∑And

∑9∑∑∑that's --

10∑Q∑Did --

11∑A∑-- the June 18th is Sharon Jones's writing.

12∑Q∑Okay.∑So do you agree that on June 18th, you were

13∑∑∑given paperwork to complete?

14∑A∑Yeah.

15∑Q∑Okay.∑And so were you given a leave of absence

16∑∑∑paperwork to complete on the day that you had your

17∑∑∑telephone conference with Diane Lube?

18∑A∑No.∑It was never even brought up with Diane, no.

19∑Q∑So you're -- so you would agree that your meeting

20∑∑∑with Diane Lube would have had to occurred before

21∑∑∑June 18, 2018?

22∑A∑Yes.∑I think it was that Thursday before that,

23∑∑∑what I thought I recalled.

24∑Q∑Okay.∑And you agree that your meeting with Diane

25∑∑∑Lube would've had to occurred on or before

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∑1∑∑∑June 12th; right?

∑2∑A∑The day of the meeting would have been the date --

∑3∑∑∑we would know for sure if they checked the e-mail

∑4∑∑∑that I sent to Steve Cavanaugh.

∑5∑Q∑That's fine.∑And the exhibit that I have in front

∑6∑∑∑of me at this point doesn't have a date, so I'm

∑7∑∑∑trying to --

∑8∑A∑I know.

∑9∑Q∑-- get at that, and, you know, it is what it is.

10∑∑∑But, you know, that's the purpose of our

11∑∑∑deposition.∑And plus, I want to get -- the idea is

12∑∑∑to get your personal knowledge, you know?

13∑A∑Yes.

14∑Q∑So you had testified earlier that this doctor's

15∑∑∑note followed your meeting with Ms. Lube.∑So the

16∑∑∑meeting with Ms. Lube would have been -- would have

17∑∑∑had to occurred prior to June 18th, and it would

18∑∑∑have had to occur at least as early -- or at least

19∑∑∑as late as June 12.∑So do you agree with that

20∑∑∑statement?

21∑A∑Yeah.

22∑Q∑Okay.

23∑A∑I know I can say that, for certainty, the facts

24∑∑∑that came from the surgeon, I thought was about

25∑∑∑two -- a week and a half to two weeks or so before

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∑1∑∑∑I got the call from Diane Lube, and then I saw

∑2∑∑∑Dr. Hamidani.∑That, I can say for certain.∑The

∑3∑∑∑exact date, I can't.

∑4∑Q∑You're saying that -- I just want to make sure I

∑5∑∑∑understand.∑You're saying that the fax -- did you

∑6∑∑∑say that the meeting occurred two weeks before

∑7∑∑∑this --

∑8∑A∑Yeah -- no.∑It occurred after the 6 -- this note

∑9∑∑∑dated 6/7 from the surgeon.

10∑Q∑How do you know that for a fact?

11∑A∑Because I remember that I had given -- you know,

12∑∑∑that Sharon -- Carol had given it to Sharon to put

13∑∑∑in my file.∑I didn't think it was any big deal.

14∑∑∑And then a week and a half or two weeks later, I

15∑∑∑get this call from Diane Lube telling me that she's

16∑∑∑eliminating my position.

17∑Q∑Okay.∑Quickly going back to your letter -- or

18∑∑∑e-mail.

19∑A∑Uh-huh.

20∑Q∑During this -- you explained to Mr. Cavanaugh --

21∑∑∑you say, "I cannot help from feel that she is doing

22∑∑∑exactly what she said she wanted to do, and that

23∑∑∑was to get rid of me.∑I feel singled out and now

24∑∑∑intimidated by someone."

25∑∑∑∑∑Why did you feel -- why did you believe, at

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∑1∑∑∑this point, she wanted to get rid of you while you

∑2∑∑∑were working as a nurse educator?

∑3∑A∑Because of the time that I had to go into her

∑4∑∑∑building and she told a couple of people that I was

∑5∑∑∑friends with that if she ever became the RDO, that

∑6∑∑∑I would be the first one that she would get rid of.

∑7∑∑∑And I just felt that this was all part of her plan.

∑8∑Q∑So do you feel she made good on that promise?

∑9∑A∑I think she got what I think she wanted.

10∑Q∑And what did she want?

11∑A∑Well, when I told her I couldn't make that drive

12∑∑∑because of my back -- I said, there's no way I can

13∑∑∑do that.∑And I said, I can go to any other

14∑∑∑building around here you need me to and I know they

15∑∑∑all need help.∑You know, they would love for me to

16∑∑∑come there.

17∑∑∑∑∑And she's like, well, there's not much work

18∑∑∑out there.∑That was her response.

19∑Q∑And what did you say in response to that?

20∑A∑I said, I'm sure if you called any administrator or

21∑∑∑DON and said Liza can come, give you a hand, they

22∑∑∑would have jumped at the opportunity to have me

23∑∑∑come to their building and help them.

24∑Q∑Is that just your belief or do you have any

25∑∑∑specific documents or evidence to suggest that

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∑1∑∑∑there was a need that you could have filled?

∑2∑A∑No.∑I just know that anytime I said I'm available

∑3∑∑∑if you need me, they're like, oh, please, come.

∑4∑∑∑You know, they're -- they need all the help they

∑5∑∑∑can get.

∑6∑Q∑What else did you propose as a solution, short of

∑7∑∑∑transferring to Elk Grove?

∑8∑A∑I just told her, I said, there's no reason why I

∑9∑∑∑can't go to the Paloses or Oak Lawn East or even to

10∑∑∑Homewood, and South Holland takes 22 minutes to get

11∑∑∑to if there's no traffic.∑If there's traffic, then

12∑∑∑I -- you know, which I've had to do before if

13∑∑∑there's an accident or something because I go

14∑∑∑against the flow of traffic because of where I'm

15∑∑∑located and where my building is, so I was very

16∑∑∑blessed.∑I had to get off the interstate and, you

17∑∑∑know, just get out of the car and move around.

18∑∑∑∑∑But when you go to Elk Grove Village, you

19∑∑∑can't just get off on the interstate.∑And there's

20∑∑∑no easy way to get off and then get back on and

21∑∑∑then get off and then get back on.∑I'd have to do

22∑∑∑that, you know, three or four times to get to Elk

23∑∑∑Grove.∑And I told her that.∑And I told her again.

24∑∑∑And --

25∑Q∑When you say you "told her again," when did you

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∑1∑∑∑tell her again?

∑2∑A∑Well, I repeated it --

∑3∑Q∑Okay.

∑4∑A∑-- to her.

∑5∑Q∑I got you.

∑6∑A∑Sorry.

∑7∑Q∑So at the end of your letter, you say, "Please help

∑8∑∑∑me stay where I am, at OLE, three days a week as

∑9∑∑∑the educator reporting to Kelly Cigar"; is that

10∑∑∑right?

11∑A∑Right.

12∑Q∑Is that what you wanted?

13∑A∑I wanted to stay and continue working with Kelly in

14∑∑∑whatever capacity I could.∑Technically, I was

15∑∑∑hoping -- I was hoping to maybe be her assistant.

16∑Q∑Okay.∑And why didn't you reference in your e-mail

17∑∑∑to him your belief that there were other

18∑∑∑opportunities at different locations?

19∑A∑Well, I did that with Jeff, the gentleman he sent

20∑∑∑to talk to me, because I knew Jeff would be

21∑∑∑communicating with him.∑And when I wrote this, I

22∑∑∑was in such a bad state of mind.∑I just was just

23∑∑∑beside myself.∑And ...

24∑Q∑And what did you discuss with Jeff?

25∑A∑I believe he drove in that following day after this

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∑1∑∑∑went to Mr. Cavanaugh.∑Because he replied to me by

∑2∑∑∑e-mail that -- by -- and I think I got a call from

∑3∑∑∑Jeff saying that Steve had asked him to come into

∑4∑∑∑Chicago, and the first thing they're going to do is

∑5∑∑∑look at your employee file, you know.∑And he and

∑6∑∑∑Deb met at Oak Lawn East.

∑7∑∑∑∑∑And I don't know if they called me that day

∑8∑∑∑or -- but he told me, don't worry about coming to

∑9∑∑∑work.∑He said, we'll pay you for your three days

10∑∑∑off, you know, your three days that you normally

11∑∑∑work.∑And he told me, he said, has anybody offered

12∑∑∑you an FMLA?∑Did Diane offer you anything?

13∑∑∑∑∑And I said, no.

14∑∑∑∑∑And he said, you are absolutely entitled to

15∑∑∑that.∑And he said -- not only that, he said they

16∑∑∑were in the process of selling South Holland.

17∑∑∑So -- or Homewood, one of the two.∑So those

18∑∑∑buildings -- oh, it was South Holland -- that

19∑∑∑wouldn't have been an option.∑Which would have

20∑∑∑been fine anyway because I couldn't have gone

21∑∑∑there.

22∑∑∑∑∑But I told him, I said, I could go to the

23∑∑∑other buildings, you know.∑And ...

24∑Q∑And what did he say to that?

25∑A∑And he said, okay.∑You know, because I said the

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∑1∑∑∑ride's not far.∑You know, they're all within 15,

∑2∑∑∑20 minutes of me and I said I can do that.

∑3∑∑∑∑∑And he took my information and, you know, they

∑4∑∑∑all spoke, and I also called Diane Lube's boss.

∑5∑∑∑And I think I called him the day she called me to

∑6∑∑∑terminate -- you know, terminate my position.

∑7∑∑∑∑∑And he said, you know, well, she's now stepped

∑8∑∑∑into the RDO role and they're making cuts and

∑9∑∑∑basically it was what it was.

10∑Q∑What do you mean they were "making cuts"?

11∑A∑They were making cuts, cutting staff.

12∑∑∑∑∑And so I said --

13∑Q∑So wait.∑Were you a part of that reduction in

14∑∑∑staff?

15∑∑∑∑∑MR. WHITE:∑Objection.∑Calls for speculation.

16∑A∑Yeah.

17∑Q∑Is it your understanding that you were part of that

18∑∑∑reduction in staff?

19∑A∑Well, I could have been.

20∑∑∑∑∑But as I said to him, I said, our policy in

21∑∑∑the company has always been when you do a reduction

22∑∑∑in staff, it's done by seniority and I've been with

23∑∑∑this company for 25 years.

24∑∑∑∑∑And, you know, I don't recall what his

25∑∑∑response was.

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∑1∑Q∑Okay.∑And then if you look back to -- quick back

∑2∑∑∑to Exhibit 7, we were just talking about your

∑3∑∑∑request for leave.∑And at the bottom of the page

∑4∑∑∑marked 718, is that your signature?

∑5∑A∑Yup.∑Mine and Sharon's.

∑6∑Q∑And then -- and my apologies.∑It's a little bit

∑7∑∑∑out of order.∑It happens with certain documents.

∑8∑∑∑Because you can see page 3, page -- and then it

∑9∑∑∑goes to page 2.

10∑∑∑∑∑So beginning on 723 at the bottom, that Bates

11∑∑∑range, we see the amount of leave needed.∑I take

12∑∑∑it you didn't complete this; correct?

13∑A∑No.∑That's Noelle Wocasick's writing.∑And on one

14∑∑∑of those, I did put the date that they gave me the

15∑∑∑paper because they said -- whatever they told me

16∑∑∑the portion I fill out, I filled out.

17∑∑∑∑∑And then the doctor's assistants filled out

18∑∑∑the other portion of it, where it says, "patient is

19∑∑∑unable to work" due to "lesion in sacrum surgery to

20∑∑∑follow once determination" -- da da da.

21∑Q∑Okay.∑So here it says, "Will the employee be

22∑∑∑incapacitated for a single continuous period of

23∑∑∑time?"∑And do you see where it's marked "yes"?

24∑A∑Yeah.

25∑Q∑And then it says the estimated beginning and ending

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∑1∑∑∑dates of the capacity [sic], 6/18 of 2018.∑And I

∑2∑∑∑don't see a second date, but do you see that?

∑3∑A∑Yes.

∑4∑Q∑Okay.∑And then --

∑5∑A∑They don't -- they don't know.

∑6∑Q∑I know.∑And then they ask -- the form asks if

∑7∑∑∑there's going to be follow-up treatment.∑Do you

∑8∑∑∑see it says "yes"?

∑9∑A∑Uh-huh.

10∑Q∑If so, reduce number of hours medically necessary.

11∑∑∑Again, it says "yes."∑And then right under here,

12∑∑∑it says "unable to work at this time."

13∑A∑Right.

14∑Q∑Do you agree with that?

15∑A∑Well, at that point in time, I was so emotionally

16∑∑∑distraught I couldn't hold it together.∑I almost

17∑∑∑had a nervous breakdown from this.

18∑Q∑Okay.∑So --

19∑A∑And the doctor -- the doctor did not want me in

20∑∑∑that environment, around her.

21∑Q∑Where in this document -- do you know anywhere in

22∑∑∑this document that talks about your emotional

23∑∑∑condition?

24∑A∑No.∑But I'm sure it's in the doctor's progress

25∑∑∑notes.

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∑1∑Q∑Well, do you agree there's nothing of the sort in

∑2∑∑∑this document?∑And I'm happy to scroll through it

∑3∑∑∑as much as ...

∑4∑A∑No.∑Because the severe pain that was causing, you

∑5∑∑∑know, the need to sit and stand was -- the primary

∑6∑∑∑diagnosis was this mass.

∑7∑Q∑So had you never had a conversation about the

∑8∑∑∑elimination of your nurse educator position, do you

∑9∑∑∑believe you'd still have to have gone on a leave of

10∑∑∑absence?

11∑A∑Peter, could you repeat that?

12∑Q∑Sure.∑Had your -- and, again, I understand that

13∑∑∑this is not what happened, but I'm asking you for

14∑∑∑your belief.

15∑∑∑∑∑Do you believe, even if your nurse educator

16∑∑∑position had not been eliminated, you would have

17∑∑∑still had to have gone out on a leave of absence?

18∑A∑Well, I really can't say that.∑I mean, because of

19∑∑∑the mass, until they determined what it was, I

20∑∑∑can't answer that, you know, because I don't

21∑∑∑remember at that point in time.

22∑∑∑∑∑I just know that I probably would have had to

23∑∑∑take some time off to get it back together because

24∑∑∑I absolutely was psychologically and emotionally

25∑∑∑distraught over this, and I don't know when I could

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∑1∑∑∑have returned.∑In spite of the physical issues

∑2∑∑∑that I was having, it was the emotional, that

∑3∑∑∑was -- that, to me, was worse.

∑4∑Q∑Okay.∑Do you see what's been marked as -- this has

∑5∑∑∑been marked as Exhibit 8.

∑6∑∑∑∑∑(Defendant's Exhibit 8 previously marked.)

∑7∑Q∑Do you see this document?

∑8∑A∑Yeah.

∑9∑Q∑Okay.∑And the first page, is this -- are you

10∑∑∑familiar with this first page of this form,

11∑∑∑"Non-FMLA Request for Leave of Absence"?

12∑A∑I seen that, yeah, for -- for personal leave, I

13∑∑∑think.∑I believe.∑I don't know.∑It's been a

14∑∑∑while since I seen this.

15∑Q∑Okay.∑Do you see "On 10/1/18, the company became

16∑∑∑aware of your need to take a leave of absence"?∑Do

17∑∑∑you see that?

18∑A∑Yeah.

19∑Q∑You didn't write that date; did you?

20∑A∑No.

21∑Q∑Okay.

22∑A∑I don't know whose writing --

23∑Q∑And these dates --

24∑A∑I don't know whose writing that is.∑It looks like

25∑∑∑it might be Sharon's.∑Mine's not that --

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∑1∑∑∑∑∑MR. WHITE:∑Liza.∑Liza, nobody wants you to

∑2∑∑∑guess; okay?∑Just answer his questions.

∑3∑Q∑Did you write your name there, "Employee"?

∑4∑A∑No.

∑5∑Q∑Okay.∑Is that your signature?

∑6∑A∑Yes.

∑7∑Q∑Okay.∑So do you agree that you received an FMLA

∑8∑∑∑leave of absence after June 18th, 2018, up until

∑9∑∑∑this request for a personal leave on October 1st,

10∑∑∑2018?

11∑A∑Yes.

12∑Q∑Okay.∑So you didn't work at all between June 18th

13∑∑∑of 2018 and the date of this designation form; is

14∑∑∑that right?

15∑A∑No, right.

16∑Q∑Okay.∑And you signed this on 10/16?

17∑A∑Yes.

18∑Q∑And same sort of question again.∑Is this your

19∑∑∑signature?

20∑A∑Yes.

21∑Q∑Okay.∑Now, again, you didn't write any of this,

22∑∑∑begin date, end date; right?

23∑A∑It's hard for me to see it.∑Hang on.

24∑Q∑Sure.∑And I'll make it bigger.

25∑A∑Oh.∑Oh, okay.

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∑1∑Q∑Do you see my cursor?

∑2∑A∑Yes.

∑3∑Q∑Okay.∑So, like, 3/18 and then end date, you didn't

∑4∑∑∑write that; did you?

∑5∑A∑No.

∑6∑Q∑Okay.

∑7∑A∑That's -- okay.∑Nevermind.

∑8∑Q∑Well, go ahead.∑Do you know who wrote that?

∑9∑A∑Yeah.∑That was Noelle Wocasick, the doctor's

10∑∑∑assistant.∑I know her writing.

11∑Q∑Okay.∑And do you agree that in your request for

12∑∑∑this personal leave, it was noted that your return

13∑∑∑to work was undetermined at that time?∑Do you

14∑∑∑agree with that statement?

15∑A∑Could you repeat that question again?

16∑Q∑Sure.∑So based on -- it says based on the medical

17∑∑∑history and knowledge of medical condition, you

18∑∑∑know, what's the frequency of flare-ups in related

19∑∑∑incapacity?∑And then also up in that section A, it

20∑∑∑does not give an end date.

21∑A∑Right.

22∑Q∑And then under -- in section F, it says

23∑∑∑"undetermined at this time."∑So do you agree that

24∑∑∑your request for personal leave did not provide a

25∑∑∑definitive return to work date?

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∑1∑A∑Correct.∑For ManorCare, yes.

∑2∑Q∑And when you submitted this request for personal

∑3∑∑∑leave in October, did you -- at the time you filled

∑4∑∑∑out the forms that we just talked about here where

∑5∑∑∑you signed, did you have any idea of when you would

∑6∑∑∑be able to return?

∑7∑A∑Well, I believe it was Deb that I was talking to,

∑8∑∑∑or they said --

∑9∑Q∑I just want to make sure you understand my

10∑∑∑question.∑I'm just saying when you submitted a

11∑∑∑request for personal leave, did you have any idea

12∑∑∑when you would be able to return to work or did you

13∑∑∑just -- could you not predict when you would return

14∑∑∑to work?

15∑A∑It's a hard question for me to answer because I

16∑∑∑don't know.

17∑Q∑Well, that's actually -- that's what I'm asking.

18∑∑∑Did you know whether -- did you know a date or time

19∑∑∑frame you would be able to return to work or did

20∑∑∑you -- could you not have predicted that?∑That's

21∑∑∑just all I'm asking.

22∑A∑I couldn't predict that.

23∑Q∑Okay.∑And do you see under "Ability to Work"?

24∑A∑Yeah.

25∑Q∑And it asks for disability dates, and it says

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∑1∑∑∑June 16th of 2018 to undetermined.

∑2∑A∑Right.

∑3∑Q∑Do you agree or disagree with that?

∑4∑A∑I think at that time that was correct because we

∑5∑∑∑didn't know.

∑6∑Q∑Okay.∑And up towards the top of this exhibit, the

∑7∑∑∑first page -- I said -- I apologize.∑I said first

∑8∑∑∑page and I just kept scrolling.∑I'm actually

∑9∑∑∑referring to personal leave.∑Do you see up here,

10∑∑∑it's checked, personal leave?

11∑A∑Yes.

12∑Q∑And do you see that it says "does not guarantee

13∑∑∑reinstatement"?

14∑A∑Yeah.

15∑Q∑Is it your understanding of the HCR ManorCare

16∑∑∑policy that personal leave -- merely a pending of a

17∑∑∑personal leave of absence doesn't guarantee the

18∑∑∑right to reinstatement after that leave is over?

19∑A∑Well, based on the history of the company, they did

20∑∑∑not follow that policy.

21∑Q∑What policy?

22∑A∑We've had people on personal leave for years if you

23∑∑∑look at the six pack reports.

24∑Q∑So what policy says that the company will keep

25∑∑∑somebody on personal leave for years?

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∑1∑A∑Well, it doesn't.∑But that's what they've done.

∑2∑Q∑But the policy itself, based on your recollection,

∑3∑∑∑is that a personal leave does not guarantee

∑4∑∑∑reinstatement?∑Is that a safe --

∑5∑∑∑∑∑MR. WHITE:∑Objection.

∑6∑A∑Yeah.

∑7∑∑∑∑∑MR. WHITE:∑Misstates prior testimony.

∑8∑Q∑You can answer.

∑9∑A∑Oh, I thought I did.∑Yes, that's what's on their

10∑∑∑form.

11∑Q∑Okay.∑So based on these two exhibits, the FMLA

12∑∑∑request and the personal leave request, do you

13∑∑∑agree that you represented to HCR ManorCare that

14∑∑∑you had been unable to work, return to work, since

15∑∑∑June 16th, 2018?∑Strike that question.

16∑∑∑∑∑The question that I'm asking is do you agree

17∑∑∑that in submitting Exhibit 8 and Exhibit 7, which

18∑∑∑is the personal leave and the FMLA leave, you had

19∑∑∑represented to the company that you could not work

20∑∑∑in any capacity?

21∑∑∑∑∑MR. WHITE:∑Object to form.

22∑∑∑∑∑You can answer.

23∑A∑I believe I filled out the personal leave because

24∑∑∑Jeff and Deb told me I could do that and it would

25∑∑∑continue my benefits.

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∑1∑Q∑My question simply is by completing exhibits -- by

∑2∑∑∑submitting a request for FMLA leave and submitting

∑3∑∑∑a subsequent personal leave, do you agree that you

∑4∑∑∑represented to HCR ManorCare that you were unable

∑5∑∑∑to return -- well, first of all, in requesting the

∑6∑∑∑FMLA leave, my question is do you agree that you

∑7∑∑∑had represented that you needed FMLA because you

∑8∑∑∑could not work?

∑9∑∑∑∑∑MR. WHITE:∑Object to form.

10∑A∑The FMLA is when I could not work.∑The personal

11∑∑∑leave is a different matter.

12∑Q∑Okay.∑Well, then, let's talk about that real quick

13∑∑∑because ...

14∑A∑Okay.

15∑Q∑Do you see where it's marked "reason for the

16∑∑∑employee's own non-work-related serious health

17∑∑∑condition that makes the employee unable to perform

18∑∑∑the functions of the employee's position"?∑Should

19∑∑∑that not have been --

20∑A∑Well, is that for the FMLA or the personal leave?

21∑∑∑I'm confused as to which form.

22∑Q∑This is "Non-FMLA Leave of Absence Request Form."

23∑A∑Oh, okay.∑And when was this one dated?

24∑Q∑October of -- this is Exhibit 8.∑Your signature

25∑∑∑appears here --

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∑1∑A∑Okay.

∑2∑Q∑-- October 16th, 2018.

∑3∑A∑So I probably was not able to work.

∑4∑Q∑Okay.∑So, Ms. Gray, at some point, you applied for

∑5∑∑∑Social Security Disability benefits; is that right?

∑6∑A∑That was in 2019 of July.

∑7∑Q∑Okay.∑Do you see what I've marked as Exhibit 9?

∑8∑∑∑∑∑(Defendant's Exhibit 9 previously marked.)

∑9∑Q∑Do you see it says "Social Security

10∑∑∑Administration"?

11∑A∑Yes.

12∑Q∑Okay.∑And your lawyer produced this to us, hence

13∑∑∑Gray000601.

14∑A∑Uh-huh.

15∑Q∑And are you currently receiving Social Security

16∑∑∑Disability benefits?

17∑A∑I am.

18∑Q∑Okay.∑And it says here -- and I recognize you

19∑∑∑didn't author this document.∑It says, "We found

20∑∑∑that you became disabled under our rules on

21∑∑∑February 1st, 2019."

22∑A∑Uh-huh.

23∑Q∑Now, do you see that, Ms. Gray?

24∑A∑I see it.

25∑Q∑Okay.∑And so it's accurate -- and I believe you

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∑1∑∑∑testified to this earlier, but I'll ask it again.

∑2∑∑∑Your employment ended with the defendant on

∑3∑∑∑December 31st, 2018; is that right?

∑4∑A∑Yes.∑Because they said they could not continue my

∑5∑∑∑leave.

∑6∑Q∑Okay.∑Do you -- do you have any understanding or

∑7∑∑∑idea of what the significance of this February 1st,

∑8∑∑∑2019, date is?

∑9∑A∑Well, I was in -- I guess, could you rephrase the

10∑∑∑question?

11∑Q∑Sure.∑So it says in this paperwork, "We found that

12∑∑∑you became disabled under our rules on

13∑∑∑February 1st, 2019."∑Do you see that?

14∑A∑Uh-huh.∑Yes.

15∑Q∑And to receive Social Security Disability benefits,

16∑∑∑you would have had to apply for them; right?

17∑A∑Yes.∑But I did not do that until July of 2019.

18∑Q∑Okay.∑And to apply for benefits, do you agree you

19∑∑∑would have had to provide the Social Security

20∑∑∑Administration with information about why you need

21∑∑∑the benefits?

22∑A∑Yes.

23∑Q∑And in the document you produced, the Social

24∑∑∑Security Disability Administration determined that,

25∑∑∑based on your application, you became disabled

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∑1∑∑∑under the administrative rules on February 1, 2019,

∑2∑∑∑roughly a month after your termination.

∑3∑∑∑∑∑Do you know what the significance of

∑4∑∑∑February 1st, 2019, is?∑Was there some change in

∑5∑∑∑your condition or was there -- your interrogatory

∑6∑∑∑responses reference a car accident.∑Is there some

∑7∑∑∑reason why the -- in your mind, that the Social

∑8∑∑∑Security Disability Administration found you

∑9∑∑∑disabled effective February 1st, 2019?

10∑A∑Yes.∑I was rear-ended in an automobile accident

11∑∑∑and required extensive surgery on my neck, and then

12∑∑∑they had to wait until that healed.∑And then in

13∑∑∑August, they had to do surgery to correct my lower

14∑∑∑back from the accident.

15∑∑∑∑∑So I was actively looking for employment,

16∑∑∑something I could do at home, and was getting

17∑∑∑Social Security -- I mean, unemployment, see if

18∑∑∑there was something I could do like I was doing at

19∑∑∑ManorCare where I could sit and stand and -- but --

20∑Q∑My question is, was the car accident -- did the car

21∑∑∑accident happen on February 1st, 2019?

22∑A∑Yes.∑Uh-huh.

23∑Q∑Okay.∑All right.∑Because I think your

24∑∑∑interrogatory responses mentioned it happening in

25∑∑∑July, but I think that might just be a

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∑1∑∑∑misunderstanding.

∑2∑A∑Yeah, no.∑Uh-huh.

∑3∑Q∑And you are currently receiving total Social

∑4∑∑∑Security Disability payments; correct?

∑5∑A∑Yes.∑And that amount has -- it's not any longer

∑6∑∑∑2,400.∑It's 2,200 and something.

∑7∑Q∑So you would agree that you have been totally

∑8∑∑∑unable to work in any capacity after February 1st,

∑9∑∑∑2019?

10∑A∑I would have to say, I think, yes because I can't

11∑∑∑work right now.

12∑Q∑I guess I'm curious, how were you receiving

13∑∑∑employment benefits when you had not been

14∑∑∑terminated?∑Because you applied for unemployment

15∑∑∑benefits, but you were still employed by HCR until

16∑∑∑December 31st --

17∑A∑Yes.

18∑Q∑-- 2018.

19∑A∑Yes.

20∑Q∑Did the unemployment office know that?

21∑A∑Yes, they did.∑As a matter of fact, it was Jeff,

22∑∑∑the corporate -- the corporate human resource

23∑∑∑director, and Deb Durham, the regional HCR

24∑∑∑director, who both told me when they told me that I

25∑∑∑should have been given an FMLA or offered one, that

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∑1∑∑∑they wanted me to also apply for unemployment and

∑2∑∑∑that they would not dispute it so that I was

∑3∑∑∑receiving some pay, and I started getting it.∑And

∑4∑∑∑then I got a letter in the mail that then there was

∑5∑∑∑a dispute.

∑6∑∑∑∑∑So I called Sharon Jones, the human resource

∑7∑∑∑director at the building, and she said when Diane

∑8∑∑∑Lube found out about it, she told them no way.∑And

∑9∑∑∑she sent an e-mail to her and Kelly and said that

10∑∑∑they were to fight it.

11∑∑∑∑∑So I called Jeff and I let him know and I let

12∑∑∑Deb know, and I had a hearing with unemployment and

13∑∑∑I was -- told them exactly what happened with her

14∑∑∑and the circumstances and that I had to take the

15∑∑∑FMLA and -- because I was able to take that due to

16∑∑∑my physical condition, and they said that they

17∑∑∑agreed with me and they paid my unemployment.∑And

18∑∑∑I filed the claim with EEOC too.

19∑Q∑Okay.∑So you did receive unemployment benefits and

20∑∑∑that continued despite going to the hearing?

21∑A∑Yes.∑Yup.

22∑Q∑All right.

23∑A∑That's when I was entitled to it.

24∑Q∑All right.∑Let's take a look at Exhibit 10.

25∑∑∑∑∑(Defendant's Exhibit 10 previously marked.)

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∑1∑∑∑∑∑MR. TSCHANZ:∑Ethan, I'm trying to move along

∑2∑∑∑as quickly and efficiently as I can here.

∑3∑∑∑∑∑MR. WHITE:∑Sure.∑Sounds good.

∑4∑Q∑All right.∑This document familiar to you,

∑5∑∑∑Ms. Gray?

∑6∑A∑I don't -- I don't know if I've seen it or not seen

∑7∑∑∑it.∑I don't remember.

∑8∑Q∑Okay.∑Well, let's look down here, "charging party

∑9∑∑∑signature."∑Is that your signature?

10∑A∑Yes.

11∑Q∑And dated 3/6/2019?

12∑A∑Uh-huh.

13∑Q∑All right.∑Is this the charge of discrimination

14∑∑∑you filed?

15∑A∑Yes.

16∑Q∑With the EEOC?

17∑A∑Yes.

18∑Q∑Okay.∑And did you -- did you -- do you see in this

19∑∑∑field, it says "The Particulars Are" -- and then 1,

20∑∑∑2, 3, 4, 5, 6, 7, 8, 9 are paragraphs, 10

21∑∑∑paragraphs.∑Do you see that?

22∑A∑Yes, sir.

23∑Q∑Did you type that information in?

24∑A∑Did I?∑No.∑I had nothing to do with that.

25∑Q∑Oh.∑Who did?

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∑1∑A∑It had to be the person from EEOC.

∑2∑Q∑Okay.∑And you had not retained Mr. White at the

∑3∑∑∑time that you filed this; right?

∑4∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

∑5∑∑∑∑∑MR. TSCHANZ:∑Did I?

∑6∑∑∑∑∑You can still answer.

∑7∑A∑I don't remember.∑I just know I filled this out

∑8∑∑∑and they called me about it.∑EEOC called me and

∑9∑∑∑told me I had a case, and that's when I decided to

10∑∑∑seek my attorney.

11∑Q∑So in paragraph 3, you say, "On or about June 6,

12∑∑∑2018, I notified Respondent about my disability via

13∑∑∑a note from my physician noting that I could not

14∑∑∑sit for long intervals and should stand regularly,

15∑∑∑but not for extended periods of time."

16∑∑∑∑∑Do you see that?

17∑A∑Yes.

18∑Q∑Okay.∑Were you referring to the ...

19∑A∑To the doctor's note that they had sent.

20∑Q∑This June 6th doctor's note?

21∑A∑Yeah, that they had sent.

22∑Q∑Okay.∑And despite your disability, you say, "at

23∑∑∑all relevant times, I could perform the essential

24∑∑∑functions of my job with or without reasonable

25∑∑∑accommodations.∑On or about June 18, 2018, my

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∑1∑∑∑direct supervisor told me that my position was

∑2∑∑∑being eliminated and proposed a transfer to a new

∑3∑∑∑position."

∑4∑∑∑∑∑Now, we've already determined that that's not

∑5∑∑∑accurate; right?∑June 18, 2018, is when you

∑6∑∑∑submitted your leave paperwork.

∑7∑A∑Well, that, I believe, was the Tuesday when -- or

∑8∑∑∑the following week after I had the conversation

∑9∑∑∑with Diane, and Jeff told me and Deb told me to

10∑∑∑fill out the paperwork with Sharon.

11∑Q∑So this doctor's note followed that conversation

12∑∑∑with Ms. Lube and it's dated 6/12/2018.∑Is that

13∑∑∑inaccurate, in your opinion?

14∑A∑After my conver- -- what do you mean?∑You mean

15∑∑∑Dr. Hamidani's note?

16∑Q∑Earlier in your deposition, I asked you about what

17∑∑∑had changed from this doctor's note that talked

18∑∑∑about your restrictions on the 6th, and then this

19∑∑∑doctor's note on the 12th talked about your need to

20∑∑∑take FMLA leave.∑And you said that you had a

21∑∑∑discussion with Jeff and he told you that you could

22∑∑∑take FMLA.

23∑A∑Yeah.

24∑Q∑And so this doctor's note -- earlier in your

25∑∑∑deposition, you testified that this doctor's note

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∑1∑∑∑followed your conversation with Deb [sic] Lube;

∑2∑∑∑right?

∑3∑A∑Yes, I believe it did.

∑4∑Q∑Okay.∑So then your conversation with Deb Lube

∑5∑∑∑could not have happened on June 18, 2018; right?

∑6∑A∑You mean with Diane Lube?

∑7∑Q∑Oh, yes, Diane Lube.∑Sorry.

∑8∑A∑No.∑It happened -- that's why I said before --

∑9∑∑∑earlier, I believe I said it was sometime preceding

10∑∑∑that.∑I don't remember if it was the Thursday

11∑∑∑before -- I believe the 18th of June, and 18 was on

12∑∑∑a Tuesday.

13∑Q∑Okay.

14∑A∑But I don't know.

15∑Q∑That's fine.∑And then you say, "At that time, my

16∑∑∑supervisor was aware of my disability and knew my

17∑∑∑disability would impact my ability to perform in

18∑∑∑the new position."

19∑A∑Right.

20∑Q∑And your telephone conversation -- well, what

21∑∑∑disability are you referring to here?

22∑A∑Well, it's talking about the inability to sit for

23∑∑∑45 minutes or an hour or an hour and a half to get

24∑∑∑to a location on an interstate.

25∑Q∑That's what you are talking about when you say your

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∑1∑∑∑disability?

∑2∑A∑Yes.∑Yes.∑Yes.

∑3∑Q∑And the first time you discussed your inability to

∑4∑∑∑sit for 45 minutes at a time or otherwise unable to

∑5∑∑∑make the commute to Elk Grove was on the day she

∑6∑∑∑informed you -- called you to inform you that your

∑7∑∑∑position was being eliminated; right?

∑8∑A∑Yeah.∑Well, I might have had some conversation

∑9∑∑∑with Sharon Jones about -- you know, because I

10∑∑∑was -- we all were friends, talked about --

11∑Q∑I'm talking about -- you specifically state that

12∑∑∑your supervisor was aware.∑And earlier in your

13∑∑∑deposition, you say that the first time you

14∑∑∑discussed this 45-minute restriction --

15∑A∑Yeah.

16∑Q∑-- inability to commute was on -- during the

17∑∑∑conversation where she called you to tell you that

18∑∑∑your position was being eliminated?

19∑A∑Yeah.

20∑Q∑Okay.∑Irrespective of who else you talked about,

21∑∑∑do you have any evidence or documents to suggest

22∑∑∑that she was aware of this

23∑∑∑45-minute-inability-to-sit issue prior to calling

24∑∑∑you?

25∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

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∑1∑A∑Yeah.∑You asked me that earlier.

∑2∑Q∑And --

∑3∑A∑I'm not --

∑4∑Q∑Just to clarify, Ms. Gray, your lawyer is just

∑5∑∑∑building a record.∑So you still have to answer the

∑6∑∑∑question unless he specifically instructs you not

∑7∑∑∑to answer.

∑8∑A∑Oh, okay.

∑9∑∑∑∑∑MR. WHITE:∑I think she's trying to do so.

10∑A∑Okay.∑So, Peter --

11∑Q∑Do you need me to ask it again?

12∑A∑No.∑I don't know if she knew that or not.∑I don't

13∑∑∑know if anybody said anything to her.∑I have no

14∑∑∑way of knowing that.

15∑∑∑∑∑I just know I told her the day of the

16∑∑∑conversation, and that I had gotten -- you know,

17∑∑∑seen the surgeon, gotten a letter so they could put

18∑∑∑it in my file, and was going to be seeing, you

19∑∑∑know, the other -- the pain doctor and blah, blah,

20∑∑∑blah, whatever my plan was.

21∑Q∑Okay.∑That answered my question.

22∑A∑Okay.

23∑Q∑Next up is, "At the time, my supervisor" -- sorry.

24∑∑∑We just talked about that.

25∑∑∑∑∑Paragraph 7, "However despite my attempt to

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∑1∑∑∑engage in the interactive process at that time,

∑2∑∑∑Respondent, through my supervisor, refused to do so

∑3∑∑∑and refused to even discuss a reasonable

∑4∑∑∑accommodation."

∑5∑∑∑∑∑Are you referring to Ms. Lube there?

∑6∑A∑Yeah.

∑7∑Q∑How did she refuse to discuss reasonable

∑8∑∑∑accommodation with you?

∑9∑A∑Because I said to her, I cannot sit longer than 10

10∑∑∑or 15 minutes without being in excruciating pain

11∑∑∑and I need to stand up.∑I cannot make that kind of

12∑∑∑a drive.∑I said it's impossible.

13∑Q∑Okay.∑And --

14∑A∑And her response -- her response was that -- well,

15∑∑∑you've got -- you know, think about it.∑Sleep on

16∑∑∑it tonight and let me know tomorrow.

17∑∑∑∑∑That was the response.

18∑Q∑Didn't you also ask her about other employment

19∑∑∑opportunities?

20∑A∑I did.

21∑Q∑Other than the location --

22∑A∑Yes, I did.∑I'm sorry.∑I did.

23∑Q∑No, that's fine.∑And anything -- any other

24∑∑∑solution that you proposed to Ms. Lube?

25∑A∑Yes.∑I said I could go right down the street to

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∑1∑∑∑Oak Lawn East and help them or go to the Paloses.

∑2∑∑∑That takes --

∑3∑Q∑We already talked about that.∑Yeah, we talked

∑4∑∑∑about that.∑And I just want to be efficient as

∑5∑∑∑possible, Ms. Gray.∑I didn't want to cut you off,

∑6∑∑∑but we talked about that.∑I'm asking if there's

∑7∑∑∑anything else.∑Did, you know --

∑8∑A∑Oh, besides that.∑No.∑I mean, not that I'm aware

∑9∑∑∑of.∑That's all I can honestly remember.

10∑Q∑And then you also asked in your letter to

11∑∑∑Mr. Cavanaugh that you remain working with Kelly

12∑∑∑Cigar; is that right?

13∑A∑Yeah.∑That was my hope, that I could stay with

14∑∑∑her.

15∑Q∑Any other discussions with anyone about what you

16∑∑∑felt would be an appropriate accommodation?

17∑A∑Yes, with Deb and with Jeff.

18∑Q∑Okay.∑And --

19∑A∑The corporate agent.

20∑Q∑Let's talk about both of them.∑And we may have

21∑∑∑already discussed this a little bit, but Jeff --

22∑∑∑well, I'll give you the floor again.∑What

23∑∑∑specifically did you discuss with Deb and Jeff

24∑∑∑about accommodations?

25∑A∑Okay.∑I'm sorry.∑I've got to stand up --

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∑1∑Q∑No, that's fine.

∑2∑A∑-- and move around.

∑3∑Q∑Absolutely.

∑4∑A∑What I talked to him about was that when -- you

∑5∑∑∑know, my discussion with Diane Lube and that it

∑6∑∑∑would be -- I would be able to go to four of the

∑7∑∑∑other buildings to help them and continue to work

∑8∑∑∑like I had been working as I was going to therapy

∑9∑∑∑and seeing these doctors until I found out if

10∑∑∑anything -- I had to have any surgery or, you know,

11∑∑∑what this tumor actually was.∑And I talked to both

12∑∑∑of them about that.

13∑∑∑∑∑And I know Jeff did respond that they were

14∑∑∑selling two of the buildings.∑One was Naperville,

15∑∑∑which was not in my region anyway, and the other

16∑∑∑was South Holland.∑And he said under the sales

17∑∑∑agreement, they can't hire anybody.∑And then I

18∑∑∑just said, no, I mean, just go to help them out,

19∑∑∑you know, not to hire me or be on my payroll

20∑∑∑because I could be on anybody's payroll, you know.

21∑∑∑∑∑But it's the -- they reallocate hours and

22∑∑∑money.∑And that was -- he said he would look into

23∑∑∑it and let me know if anything came up.

24∑Q∑So he explained to you that -- I mean, was it a

25∑∑∑budgetary thing?∑Like, I'm trying to understand

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∑1∑∑∑what he was trying to convey to you that it was

∑2∑∑∑just not in the budget to ...

∑3∑A∑No.∑He just said that South Holland was not in the

∑4∑∑∑cards, so to speak, not a building that they would

∑5∑∑∑be able to send me to because they were in the

∑6∑∑∑midst of a sale.

∑7∑Q∑Okay.

∑8∑A∑And Homewood -- I said I can go to Homewood.∑That

∑9∑∑∑only takes me, you know -- I don't know.∑It takes

10∑∑∑me under 20 minutes to get there.∑And Oak Lawn

11∑∑∑West, it takes me about 12 minutes.∑Oak Lawn East

12∑∑∑takes me about 13 minutes, and the two Palos

13∑∑∑buildings I could have went to.

14∑Q∑And you're -- and that's -- what evidence do you

15∑∑∑have to support your belief that you could've --

16∑∑∑that your help was needed?∑That's what, I guess,

17∑∑∑I'm asking.∑Is that your assumption or ...

18∑∑∑∑∑MR. WHITE:∑Objection.

19∑A∑Yeah.

20∑∑∑∑∑MR. WHITE:∑Asked and answered.

21∑A∑I just know that he was going to try to look to see

22∑∑∑if there was something else out there.∑I think he

23∑∑∑was looking for something more permanent and my

24∑∑∑concern was financial.∑And I'm like, I can go to

25∑∑∑any of these buildings and help them out right now.

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∑1∑Q∑Okay.∑So did he ever follow back up with you to

∑2∑∑∑say there was or wasn't opportunities available?

∑3∑A∑I think I talked to him once and he said that

∑4∑∑∑nothing had opened up.∑So once again, I think he

∑5∑∑∑was talking about something permanent.

∑6∑Q∑Did you ask to clarify that, what he meant by that?

∑7∑A∑I don't recall.

∑8∑Q∑Okay.∑What about anything else that you discussed

∑9∑∑∑with Jeff in terms of accommodations?

10∑A∑Just that I was able to do the job that I was doing

11∑∑∑because it allowed me the freedom to sit and stand

12∑∑∑whenever I needed to.

13∑Q∑And --

14∑A∑All the jobs that I did allowed me to do that.

15∑Q∑So was your concern solely to do with the commute?

16∑A∑Yeah.∑Because I knew I was in too much pain to sit

17∑∑∑that long.∑I couldn't to it.

18∑Q∑So I guess my question is did you think that you

19∑∑∑would not have been able to sit or stand while

20∑∑∑stationed at the Elk Grove facility or was it --

21∑∑∑and I think you just answered this -- or was it

22∑∑∑simply, it was the commute, that was the problem?

23∑A∑It was the commute.

24∑Q∑Okay.∑How about Debra Durham?

25∑A∑What about her?∑Did I talk to her?

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∑1∑Q∑Well, you had mentioned that -- I asked who else

∑2∑∑∑you talked about the accommodation -- the request

∑3∑∑∑for accommodation with, and I think you mentioned

∑4∑∑∑Jeff and, I believe, Debra Durham.

∑5∑A∑Yes.∑Well, I think Deb -- I think Deb wanted to

∑6∑∑∑help me as much as she could.∑But I think -- I

∑7∑∑∑think in all honesty, that she didn't have any

∑8∑∑∑recourse at all.

∑9∑Q∑What did you discuss with her specifically?

10∑A∑I talked to Deb quite a bit.

11∑Q∑And I'm asking you what did you discuss with her

12∑∑∑specifically about the accommodation process?

13∑A∑Oh.∑Just -- I talked about how, you know, that I

14∑∑∑would not be able to sit in my car and about -- you

15∑∑∑know, she was upset for me.∑She was worried about

16∑∑∑me because of this tumor and she just -- she was

17∑∑∑just flabbergasted by the way the whole process

18∑∑∑went.∑And, you know, she knew that I could go to

19∑∑∑the other buildings and to help out.∑So it wasn't

20∑∑∑her decision to make.

21∑Q∑Anybody else you reached out to in -- as a means of

22∑∑∑trying to get an accommodation for your disability?

23∑A∑I spoke to just the people that we talked about.

24∑∑∑Steve Cavanaugh with the letter.∑I talked to Rami,

25∑∑∑Diane Lube's boss.∑I texted Kelly Cigar back and

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∑1∑∑∑forth when she was on vacation when I found out

∑2∑∑∑about my job being eliminated.∑She said she knew

∑3∑∑∑nothing about it and she was my boss.∑I told her

∑4∑∑∑about the tumor, you know.∑I don't know.∑And --

∑5∑∑∑∑∑MR. TSCHANZ:∑Okay.

∑6∑∑∑∑∑How about we do this, Ethan?

∑7∑∑∑∑∑MR. WHITE:∑Yeah?

∑8∑∑∑∑∑MR. TSCHANZ:∑I think -- and I think that --

∑9∑∑∑correct me if I'm wrong, Ms. Gray, maybe you want

10∑∑∑to take a short break.

11∑∑∑∑∑I can tell you right now, Ethan, I'm going to

12∑∑∑kind of finish up with the charge.∑I want to talk

13∑∑∑about the complaint a little bit, and I don't know

14∑∑∑if I'm going to have too, too much after that.

15∑∑∑∑∑I'm not sure what you have in store here, but

16∑∑∑I think maybe it makes sense to take a, you know, a

17∑∑∑ten-minute break, maybe, and kind of reconvene.

18∑∑∑Does that work?

19∑∑∑∑∑MR. WHITE:∑That's fine for me.

20∑∑∑∑∑(A brief recess was taken.)

21∑BY MR. TSCHANZ:

22∑Q∑All right.∑Ms. Gray, we're back on the record.∑Do

23∑∑∑you still understand that you're under oath and

24∑∑∑obligated to provide truthful testimony?

25∑A∑Yes.

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∑1∑Q∑Okay.∑Prior to going on the record, you had

∑2∑∑∑mentioned that you wanted to offer some

∑3∑∑∑clarification around when you retained Mr. White as

∑4∑∑∑your counsel.∑Again, I don't want to know anything

∑5∑∑∑about conversations, but if you -- go ahead and

∑6∑∑∑offer that clarification, and then we can move on.

∑7∑A∑Yes.∑You asked me about when I had retained him.

∑8∑∑∑I think if it was before or after the EEOC paper,

∑9∑∑∑then it was before that.

10∑Q∑Okay.

11∑A∑That's all.

12∑Q∑Thank you.

13∑∑∑∑∑So prior to our break, Ms. Gray, we had been

14∑∑∑talking about other individuals that you had

15∑∑∑conversations with about reasonable accommodations.

16∑∑∑And there's a specific interrogatory that sheds

17∑∑∑some additional light, that response that I'm going

18∑∑∑to ask you about.∑So we can come back to that.

19∑∑∑∑∑If we can go back to this exhibit, I'm going

20∑∑∑to share my screen again.∑Okay.∑Do you see

21∑∑∑paragraph 8?∑It says, "Thereafter, on or about

22∑∑∑June 21, 2018, Respondent terminated my

23∑∑∑employment"?

24∑A∑Yes.

25∑Q∑Earlier on in the deposition, you agreed that your

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∑1∑∑∑termination actually occurred on or about

∑2∑∑∑December 31st, 2018, or January 1st, 2019.∑I'm

∑3∑∑∑curious where -- what is the significance of that

∑4∑∑∑June 21st, 2018, date?

∑5∑A∑Because that was the last date that I was employed

∑6∑∑∑in that position.∑They eliminated my position.

∑7∑Q∑Oh, okay.∑So --

∑8∑A∑I was no longer employed as far as I knew.

∑9∑Q∑Okay.∑And then paragraph 9, you say, "The reasons

10∑∑∑given to me were pretext for Respondent's true

11∑∑∑reasons for my termination -- namely my disability

12∑∑∑and in retaliation for my seeking to engage in the

13∑∑∑interactive process"; is that right?

14∑∑∑∑∑Well, let me strike that question and I'll

15∑∑∑make it a little more streamlined and simple.

16∑∑∑∑∑So in the "Discrimination Based On" fields of

17∑∑∑your charge, you had clicked the "Retaliation"

18∑∑∑field; right?

19∑A∑Yes.

20∑Q∑Okay.∑And then you also clicked or authorized on

21∑∑∑your behalf to be clicked the "Disability"

22∑∑∑discrimination field; right?

23∑A∑Yes.

24∑Q∑And you didn't identify any other basis for the

25∑∑∑claims that you're bringing in this charge; is that

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∑1∑∑∑right?

∑2∑A∑Correct.

∑3∑Q∑Okay.∑And, again -- and you signed this, is it

∑4∑∑∑accurate, 3/6/2019?

∑5∑A∑Yeah.

∑6∑Q∑Okay.∑And this is a right to sue notice as issued

∑7∑∑∑from the United States Equal Employment Opportunity

∑8∑∑∑Division.∑Have you seen this document?

∑9∑A∑You know, I don't know if I saw it or not.

10∑Q∑Okay.∑And --

11∑A∑Oh, I believe I did.∑Because it said "Right to

12∑∑∑Sue," and I got a phone call from the EEOC person

13∑∑∑telling me that I had a right to sue the company.

14∑Q∑Do you know when you would have received this

15∑∑∑document?

16∑A∑I don't.∑I don't remember.

17∑Q∑Would it have been around March 4th, 2020?

18∑A∑I don't know.

19∑Q∑Okay.∑All right.∑I'm showing you what's been --

20∑∑∑and that was -- Right to Sue Notice that we just

21∑∑∑discussed is Exhibit 11, marked as Exhibit 11.

22∑∑∑∑∑(Defendant's Exhibit 11 previously marked.)

23∑Q∑And now I'm showing you what's been marked as

24∑∑∑Exhibit 12.∑And I'll represent to you this is the

25∑∑∑judicial complaint that you filed in the United

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∑1∑∑∑States District Court for the Northern District of

∑2∑∑∑Illinois Eastern Division underlying this lawsuit.

∑3∑∑∑∑∑Have you seen this document before, ma'am?

∑4∑A∑Yes.

∑5∑Q∑Okay.∑Do you see where it says "Legal Claims,

∑6∑∑∑Count I"?

∑7∑A∑Yes.

∑8∑Q∑Do you agree that you're bringing a claim for

∑9∑∑∑discrimination in violation of the Americans with

10∑∑∑Disabilities Act?

11∑A∑Yes.

12∑Q∑I apologize.∑Give me one second.∑I lost my place.

13∑∑∑Okay.∑All right.∑I think we discussed this in

14∑∑∑broad terms, but I'm -- I want to make sure that

15∑∑∑it's clear on the record.

16∑∑∑∑∑You're bringing a claim for disability

17∑∑∑discrimination.∑What is the nature of your

18∑∑∑disability that you allege is at issue in this

19∑∑∑case?

20∑A∑That I was unable to sit or stand for any length of

21∑∑∑time and that Diane Lube wasn't willing to

22∑∑∑accommodate that.

23∑Q∑And I'm actually asking for the nature of your

24∑∑∑disability, so -- and we talked about -- was it a

25∑∑∑back injury?

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∑1∑A∑It was just -- I had a tumor in my sacral bone. I

∑2∑∑∑had bulging and herniated disk in my lumbar,

∑3∑∑∑thoracic, and cervical spine.

∑4∑Q∑Okay.∑And that's the disability you're identifying

∑5∑∑∑for purposes of your Americans with Disabilities

∑6∑∑∑Act claim?

∑7∑A∑Yeah.

∑8∑∑∑∑∑MR. WHITE:∑I'll just object to the extent it

∑9∑∑∑calls for a legal conclusion.

10∑Q∑Okay.∑When did that condition manifest?

11∑∑∑∑∑MR. WHITE:∑Object to form.

12∑∑∑∑∑MR. TSCHANZ:∑I'll restate that.

13∑Q∑When did -- when did this disability -- when did

14∑∑∑you start to experience difficulties; do you

15∑∑∑recall?

16∑A∑This -- this was a chronic condition that I've had

17∑∑∑on and off my whole life.

18∑Q∑Okay.

19∑A∑It would get exacerbated and then go away.∑It

20∑∑∑started to exacerbate in the spring of 2018 again,

21∑∑∑and then that's when the pain got pretty unbearable

22∑∑∑and I needed to see the doctor.∑And that's what I

23∑∑∑did.

24∑Q∑And prior to the spring of 2018, were you

25∑∑∑experiencing difficulties with this condition or

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∑1∑∑∑was it in a period of remission?

∑2∑A∑It was come and go.∑It was come and go.

∑3∑Q∑Okay.

∑4∑A∑But I didn't -- and I would get treatment for it.

∑5∑Q∑Okay.∑And when you say it was come and go, would

∑6∑∑∑it be -- would -- you know, was it a weekly

∑7∑∑∑occurrence or could you go months without

∑8∑∑∑experiencing difficulty only for it to come back?

∑9∑∑∑I'm just trying to ascertain how it impacted your

10∑∑∑life.

11∑A∑It could go -- it could happen, you know, weekly,

12∑∑∑daily.∑It could go away for months at a time and

13∑∑∑then come back.∑It seems as I got older, you know,

14∑∑∑it got worse and was happening more repeatedly.

15∑∑∑And that's why I decided to see the doctor and go

16∑∑∑for therapy and see a pain doctor and see a

17∑∑∑surgeon.

18∑Q∑And then based on your decision to get that

19∑∑∑treatment, you received the June 6th doctor's note

20∑∑∑about this 15 minutes of standing and ...

21∑A∑Yes.

22∑Q∑Okay.∑And, you know -- and I think we discussed

23∑∑∑this a little bit, but, you know, I just -- I want

24∑∑∑to get an idea of how that -- your impairment

25∑∑∑impacted your life.

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∑1∑∑∑∑∑Was it just your inability to sit or stand for

∑2∑∑∑15 minutes at a time or was there anything -- and

∑3∑∑∑I'm talking about -- let's actually make it more

∑4∑∑∑simple, Ms. Gray, because I understand you had the

∑5∑∑∑car accident and things got significantly worse.

∑6∑∑∑And I'm sorry to hear that, I really am.

∑7∑∑∑∑∑What I would really be talking about is in

∑8∑∑∑the, you know, the spring of 2018 time frame

∑9∑∑∑through the end of your employment at the end of

10∑∑∑2018 or January 1st, 2019.∑What were the effects

11∑∑∑of your disability?∑Was it just the inability to

12∑∑∑sit for 15 minutes -- more than 15 minutes?∑Or is

13∑∑∑there anything else?

14∑A∑Yeah.∑My inability to stand for, you know, longer

15∑∑∑than 20 minutes or sometimes more.∑I'd have to

16∑∑∑shift my weight sometimes with my leg up, you know.

17∑∑∑I mean, nothing significant, but those were things

18∑∑∑that would take pressure off the nerve root in my

19∑∑∑back.

20∑Q∑Okay.∑And you were always able to do that in the

21∑∑∑workplace?

22∑A∑Always.

23∑Q∑Okay.∑So, Ms. Gray, recognizing that a corporation

24∑∑∑only acts through its individuals, who do you claim

25∑∑∑at HCR subjected you to discrimination based on

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∑1∑∑∑your disability?

∑2∑∑∑∑∑MR. WHITE:∑Objection.∑Calls for a legal

∑3∑∑∑conclusion.

∑4∑∑∑∑∑You can answer.

∑5∑A∑Well, the foremost is Diane Lube.

∑6∑Q∑Okay.

∑7∑A∑Because when I --

∑8∑Q∑Let's just -- my question simply is who at HCR do

∑9∑∑∑you claim subjected you to discrimination based on

10∑∑∑your disability?

11∑∑∑∑∑And then we can discuss each individual in

12∑∑∑turn just to keep it simple.

13∑A∑Okay.∑So Diane Lube.∑This gentleman, Jeff, was

14∑∑∑unable to accommodate my needs.∑I don't know if

15∑∑∑Steve Cavanaugh had anything to do with this.

16∑∑∑Rami, Diane Lube's boss.

17∑Q∑So --

18∑A∑And that's all I can think of now.

19∑Q∑So we have Diane Lube, Jeff -- you mentioned you're

20∑∑∑not sure whether Mr. Cavanaugh had anything to do

21∑∑∑with it?

22∑A∑I can't say that.∑I don't know what he was told by

23∑∑∑them and what he was not told.∑I only know what I

24∑∑∑sent him in an e-mail, so I can't speak to that.

25∑Q∑Okay.∑And then, finally, Ms. Lube's boss.∑What

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∑1∑∑∑was her name?

∑2∑A∑His name is Rami.∑R-A-M-I, Rami.∑Rami something.

∑3∑∑∑I don't know.

∑4∑Q∑Okay.∑Diane Lube, what did she -- to the extent

∑5∑∑∑that we've now already discussed -- well, let's

∑6∑∑∑just, for the sake of completeness, what facts or

∑7∑∑∑evidence do you have to support your claim that

∑8∑∑∑Diane Lube discriminated against you based on your

∑9∑∑∑disability?

10∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered,

11∑∑∑and to the extent it calls for a legal conclusion.

12∑∑∑∑∑Go ahead.

13∑A∑Based on my conversation with her when I told her

14∑∑∑about what was going on with me physically and

15∑∑∑that -- the pain I was in, and that I had an

16∑∑∑inability to sit for longer than 10 or 15 minutes

17∑∑∑without having to stand up and move around, and

18∑∑∑that I had a tumor, and until we knew whether or

19∑∑∑not that was the cause of it as well as the issues

20∑∑∑of my lower back, you know, I would need to be able

21∑∑∑to do that, and that I'm able to do it, was my

22∑∑∑conversation with her.

23∑∑∑∑∑I can do that now, and I've been doing it

24∑∑∑since I've been in therapy.∑But I cannot sit in a

25∑∑∑car for longer than 15 or 20 minutes without having

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∑1∑∑∑to get up or get out unless I'm laying down.∑And

∑2∑∑∑it went in one ear and right out the other.∑And

∑3∑∑∑that's when she said we'll think about it and call

∑4∑∑∑me tomorrow.

∑5∑Q∑How else do you claim Diane Lube discriminated

∑6∑∑∑against you based on your disability?

∑7∑A∑I couldn't hear you, Peter.∑I'm sorry.

∑8∑Q∑I'm sorry.∑Let me get this microphone closer.

∑9∑∑∑∑∑How else do you claim that Ms. Lube

10∑∑∑discriminated against you based on your disability?

11∑A∑Well, I think that she could -- I could have stayed

12∑∑∑where I was or I could have went to other buildings

13∑∑∑and helped and been able to continue to work with

14∑∑∑reasonable accommodation.∑It was very reasonable

15∑∑∑because we've accommodated people with much more

16∑∑∑significant limitations than mine and let them

17∑∑∑continue to work.

18∑Q∑And let me just -- because there's some overlap, so

19∑∑∑let me just ask you this question.

20∑∑∑∑∑Is it your claim that Ms. Lube failed to

21∑∑∑reasonably accommodate your disability?

22∑A∑Yeah.

23∑∑∑∑∑MR. WHITE:∑Object to the extent that it calls

24∑∑∑for a legal conclusion.

25∑∑∑∑∑Go ahead.

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∑1∑Q∑And what should she have done to accommodate your

∑2∑∑∑disability, in your opinion?

∑3∑A∑She should have allowed me to continue working.∑If

∑4∑∑∑she didn't need me at Oak Lawn East, she could have

∑5∑∑∑called the other centers and found out who needed

∑6∑∑∑me to come and give them a hand, whether it be the

∑7∑∑∑administrator or DON, doing whatever it was that

∑8∑∑∑they needed.∑And I would have gone and been able

∑9∑∑∑to do it.

10∑Q∑How do you know that she did not call?

11∑A∑Because I never got any phone calls.∑And her

12∑∑∑comment to me was, well, there isn't a whole lot

13∑∑∑out there when I mentioned the other buildings.∑So

14∑∑∑to me, she wasn't even going to make an attempt.

15∑∑∑Her response was "There isn't a lot out there."

16∑∑∑And that was it.

17∑Q∑So that's your -- is that just your assumption?

18∑A∑That's what she said to me.∑She never --

19∑Q∑Well, I'm asking you -- I'm asking you specifically

20∑∑∑what evidence, facts, or documents you have to

21∑∑∑support your claim that Ms. Lube did not look into

22∑∑∑other opportunities for you.

23∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

24∑A∑Well, I never got a phone call that she looked,

25∑∑∑asked, sent e-mails out, or made phone calls.∑And

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∑1∑∑∑she never got back to me saying I called everybody

∑2∑∑∑and none of the buildings can use you, except way

∑3∑∑∑up north in Elk Grove Village.

∑4∑Q∑What facts or evidence --

∑5∑A∑And I even told --

∑6∑Q∑Well, what facts or evidence or documents do you

∑7∑∑∑have to support your claim that other buildings

∑8∑∑∑other than -- buildings other than Elk Grove could

∑9∑∑∑use your help?

10∑A∑Facts or evidence?∑I don't know.∑I think I might

11∑∑∑have spoken to one of the directors of nursing at

12∑∑∑Palos East -- it was Elaina Terrell at the time --

13∑∑∑and told her what was going on, and she said I

14∑∑∑could always use your help.∑But that's all I have.

15∑Q∑Okay.∑And what did you do with that information?

16∑A∑What could I do?∑I couldn't do anything.∑I was

17∑∑∑waiting for them to call me back.

18∑Q∑And did she give you a specific opportunity that

19∑∑∑you could have presented to Ms. Lube?

20∑A∑Oh, as a matter of fact, I did tell her that I knew

21∑∑∑that there were buildings that could use me.∑And

22∑∑∑her comment to me was, you need to quit calling the

23∑∑∑centers and talking to people.

24∑∑∑∑∑And I said, well, first of all, I have, after

25∑∑∑25 years in this company, many friends in this

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∑1∑∑∑company.∑And there should be no reason why --

∑2∑∑∑unless it's on work time, I could understand

∑3∑∑∑that -- that I can't continue my friendships with

∑4∑∑∑people that I've made.∑But she made that

∑5∑∑∑absolutely clear the day that I met with her and

∑6∑∑∑she had me sign that paper.

∑7∑Q∑Any other facts, evidence, documents to support

∑8∑∑∑your claim that Diane Lube discriminated against

∑9∑∑∑you based on your disability?

10∑∑∑∑∑MR. WHITE:∑Object to the extent --

11∑A∑Not that I have --

12∑∑∑∑∑MR. WHITE:∑-- that it calls for a legal

13∑∑∑conclusion.

14∑∑∑∑∑Go ahead.

15∑A∑Not that I -- I don't have anything else, no.

16∑Q∑Any other facts, evidence, documents or support --

17∑∑∑are there any other facts, evidence, documents or

18∑∑∑support for your claim that, other than what we've

19∑∑∑discussed today, that Diane Lube either failed to

20∑∑∑engage in the interactive process or reasonably

21∑∑∑accommodate your disability?

22∑∑∑∑∑MR. WHITE:∑Object to form.

23∑A∑None other than what I mentioned.

24∑Q∑Okay.∑We talked about Jeff.∑And just to -- you

25∑∑∑know, I'll ask the questions sort of similar to how

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∑1∑∑∑I phrased it with Diane Lube.∑What -- how did --

∑2∑∑∑well, I'll say this.∑How did Jeff -- and do you

∑3∑∑∑recall his last name?

∑4∑A∑I don't.

∑5∑Q∑Okay.∑We had that in the records somewhere.∑But

∑6∑∑∑how it did Jeff discriminate against you based on

∑7∑∑∑your disability?

∑8∑∑∑∑∑MR. WHITE:∑Objection to the extent it calls

∑9∑∑∑for a legal conclusion.

10∑∑∑∑∑Go ahead.

11∑A∑Well, I think he was like Rami in the -- or Rami,

12∑∑∑whatever his name -- I'm sorry.∑I don't know how

13∑∑∑to pronounce it.

14∑∑∑∑∑I think there could have been calls made to

15∑∑∑other buildings.∑I don't know if he did or didn't,

16∑∑∑but I know that I did call him and talk to him

17∑∑∑sometime after I left the building -- I don't know

18∑∑∑if it was two weeks, three weeks -- saying, have

19∑∑∑you heard anything?∑You know, is there any -- can

20∑∑∑I go to any other buildings?

21∑∑∑∑∑And his response was that, you know, they

22∑∑∑didn't have anything at that point.

23∑Q∑And that was Jeff who said this?

24∑A∑Yeah.

25∑Q∑And that's -- and you believe that constitutes

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∑1∑∑∑discrimination based on your disability?

∑2∑A∑Absolutely.

∑3∑Q∑Okay.∑Any facts, evidence, or documents to support

∑4∑∑∑Jeff was being untruthful when he represented that

∑5∑∑∑to you?

∑6∑∑∑∑∑MR. WHITE:∑Objection to the form.

∑7∑∑∑Foundation.

∑8∑A∑Are you -- I guess I don't -- could you rephrase

∑9∑∑∑that?

10∑Q∑Sure.∑Sure.∑So far you testified that Jeff

11∑∑∑discriminated against you based on your disability.

12∑∑∑∑∑A few seconds ago you mentioned that Jeff

13∑∑∑had -- you had a conversation with Jeff and he told

14∑∑∑you that there weren't any other opportunities

15∑∑∑available, which is consistent with what Ms. Lube

16∑∑∑had conveyed to you.

17∑∑∑∑∑My question simply is what evidence do you

18∑∑∑have to support -- do you have any evidence to

19∑∑∑support a claim that isn't true, that he wasn't

20∑∑∑being truthful with you?

21∑∑∑∑∑MR. WHITE:∑Object to form.

22∑A∑No.∑But I don't have any evidence that they did

23∑∑∑call around and see if anybody needed me because

24∑∑∑that was never communicated to me.

25∑Q∑Okay.∑So you don't know either way?

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∑1∑A∑No.

∑2∑Q∑Okay.∑Any other way you believe Jeff discriminated

∑3∑∑∑against you based on your disability?

∑4∑A∑No.

∑5∑Q∑Okay.∑Mr. Cavanaugh, I believe you mentioned you

∑6∑∑∑don't know what he was told other than what was

∑7∑∑∑conveyed to him in your letter.∑So do you believe

∑8∑∑∑Mr. Cavanaugh discriminated against you based on

∑9∑∑∑your disability?

10∑A∑Yeah.∑I think he could have told them, find her

11∑∑∑somewhere.∑This is a 25-year employee with an

12∑∑∑exemplary record and we've accommodated people with

13∑∑∑more severe limitations and to find her something.

14∑Q∑Do you have any evidence to suggest that he didn't

15∑∑∑try?

16∑A∑No.

17∑Q∑Okay.∑Any other way you believe Mr. Cavanaugh

18∑∑∑discriminated against you based on your disability?

19∑A∑No.

20∑Q∑Okay.∑You also had mentioned Mr. Rami?

21∑A∑That was Diane Lube's supervisor.

22∑Q∑Okay.∑Was --

23∑A∑I called him --

24∑Q∑Well, my question is, is it your claim that

25∑∑∑Mr. Rami discriminated against you based on your

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∑1∑∑∑disability?

∑2∑A∑Yes.

∑3∑Q∑And how did Mr. Rami discriminate against you based

∑4∑∑∑on your disability?

∑5∑A∑Because I have no proof or any communication -- no,

∑6∑∑∑he did not communicate to me that he would try or

∑7∑∑∑look and see who needed help and to send me to

∑8∑∑∑those specific buildings.∑Nothing.

∑9∑∑∑∑∑He just said to me -- his response was Diane

10∑∑∑Lube is the director of regional operations, and

11∑∑∑it's her decision to make the cuts for budgetary

12∑∑∑reasons, you know, according to how she sees fit.

13∑∑∑∑∑So it was nothing about my physical

14∑∑∑limitations.∑It was that, you know, my job at Oak

15∑∑∑Lawn East was over.∑And I told him I could not

16∑∑∑make the drive to Elk Grove Village, and I told him

17∑∑∑about what was happening.

18∑Q∑Okay.∑And --

19∑A∑And I was -- I'm sorry.

20∑Q∑Sorry.∑No, that was my fault.∑I cut you off. I

21∑∑∑apologize.

22∑A∑That's okay.∑I don't remember what I was going to

23∑∑∑say.

24∑Q∑Any other way you claim Mr. Rami discriminated

25∑∑∑against you based on your disability?

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∑1∑A∑No.

∑2∑Q∑We talked about Diane Lube and your claim that she

∑3∑∑∑failed to engage in an interactive process and

∑4∑∑∑failed to reasonably accommodate your disability;

∑5∑∑∑right?

∑6∑A∑Yes.

∑7∑Q∑Is there anything else that you want to add to that

∑8∑∑∑claim that we haven't discussed today?

∑9∑A∑Not that I can think of.

10∑Q∑Okay.∑Is there anyone else at HCR that you claim

11∑∑∑failed to engage in the interactive process or --

12∑∑∑and/or failed to accommodate your disability?

13∑∑∑∑∑MR. WHITE:∑Object to form to the extent it

14∑∑∑calls for legal conclusion also.

15∑A∑No.

16∑Q∑So Diane Lube is the only individual that you

17∑∑∑believe failed to accommodate your disability?

18∑∑∑∑∑MR. WHITE:∑Objection.∑Misstates testimony.

19∑A∑No.∑No.∑I think I believe I said that she, Rami,

20∑∑∑and Steve Cavanaugh, and Jeff -- I don't have any

21∑∑∑proof that they did anything to see -- to find me

22∑∑∑work and that they could have reasonably

23∑∑∑accommodated my limitations, but they did not as

24∑∑∑far as I know.

25∑Q∑Thank you.∑And so let me just ask it this way

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∑1∑∑∑because, again, there's some overlap.

∑2∑∑∑∑∑Have we now discussed all the individuals that

∑3∑∑∑you believe discriminated against you based on your

∑4∑∑∑disability, failed to engage in the interactive

∑5∑∑∑process, and failed to accommodate your disability?

∑6∑∑∑∑∑MR. WHITE:∑Object to form --

∑7∑A∑Yeah.

∑8∑∑∑∑∑MR. WHITE:∑-- to the extent it calls for a

∑9∑∑∑legal conclusion.

10∑A∑Yeah.

11∑Q∑Was that a yes?

12∑A∑Yeah.

13∑Q∑Have we also --

14∑A∑Sorry.

15∑Q∑-- discussed all the facts, evidence, and documents

16∑∑∑or support that you may have to support your claim

17∑∑∑that these individuals either discriminated against

18∑∑∑you based on your disability, failed to engage in

19∑∑∑the interactive process, or failed to accommodate

20∑∑∑your disability?

21∑∑∑∑∑MR. WHITE:∑Same objections.

22∑A∑Yeah.∑I named them all.

23∑Q∑Okay.∑And if you go down to Count II of your

24∑∑∑complaint, do you agree that you're alleging

25∑∑∑retaliation in violation of the Americans with

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∑1∑∑∑Disabilities Act?

∑2∑A∑Yes.

∑3∑Q∑Okay.∑So, again, recognizing that corporations

∑4∑∑∑only act through its individuals, who at HCR do you

∑5∑∑∑claim retaliated against you in violation of the

∑6∑∑∑Americans with Disabilities Act?

∑7∑∑∑∑∑MR. WHITE:∑Object to the extent it calls for

∑8∑∑∑a legal conclusion.

∑9∑∑∑∑∑You can answer.

10∑A∑Diane Lube, Rami, Jeff, and Steve Cavanaugh.

11∑Q∑Diane Lube, Rami, Jeff, and Steve Cavanaugh?

12∑A∑Yes.

13∑Q∑Okay.∑Nobody else?

14∑A∑No.

15∑Q∑Okay.∑How did --

16∑A∑Wait.∑Let me change that.∑Kelly Cigar was my

17∑∑∑direct supervisor.∑I don't know if or there was

18∑∑∑anything that she could have done about it.∑When

19∑∑∑Diane Lube makes up her mind, nobody questions her,

20∑∑∑so -- but I think Kelly could have tried to do

21∑∑∑something to help me, and I don't know that she did

22∑∑∑either.

23∑Q∑So do you believe that she -- are you saying that

24∑∑∑Kelly also discriminated against you based on your

25∑∑∑disability?

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∑1∑A∑I'm not saying she did or didn't.∑I'm saying I'm

∑2∑∑∑not sure.

∑3∑Q∑Okay.∑Are you claiming that Kelly failed to

∑4∑∑∑accommodate your disability or failed to engage in

∑5∑∑∑an interactive process?

∑6∑A∑No.∑Because she knew I was in therapy and my

∑7∑∑∑getting up and down was not an issue with Kelly.

∑8∑∑∑It was with Diane Lube.

∑9∑Q∑And what do you mean it was an issue with Diane

10∑∑∑Lube?

11∑A∑Because she didn't care that I could not sit for a

12∑∑∑long period of time and had to stand and move

13∑∑∑around.∑It didn't matter to her.∑When I told her

14∑∑∑and repeated it, she just said that -- think about

15∑∑∑it, sleep on it, and call me tomorrow.

16∑Q∑Okay.

17∑A∑And I --

18∑Q∑And --

19∑A∑Yeah.

20∑Q∑Okay.

21∑A∑Because that isn't accommodating my disability. I

22∑∑∑couldn't do it.

23∑Q∑What is accommodating your disability though?∑Are

24∑∑∑you saying just to stay the --

25∑A∑Sitting in a car --

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∑1∑Q∑-- sitting position --

∑2∑A∑Yeah, sitting in a car for 45 minutes or an hour

∑3∑∑∑and a half and trying to drive and not being able

∑4∑∑∑to get up.

∑5∑Q∑Well, I guess what I'm asking you, Ms. Gray, is are

∑6∑∑∑you suggesting -- is it your claim that the company

∑7∑∑∑should have -- given your inability to make the

∑8∑∑∑commute to Elk Grove, the company should have

∑9∑∑∑accommodated your disability just by leaving you in

10∑∑∑the nursing educator position?

11∑A∑No.∑I think I could have stayed there.∑I could

12∑∑∑have went to other buildings that were close by and

13∑∑∑done things and helped them in ways that I've

14∑∑∑always done, which allowed me and would allow me to

15∑∑∑be able to sit and stand as needed.

16∑Q∑Okay.∑I just want to make sure I understand.

17∑A∑Yeah.

18∑Q∑So you're not suggesting that the company was

19∑∑∑obligated to keep you in your nurse educator role;

20∑∑∑is that right?

21∑A∑No.∑Just to keep me in some capacity, regardless

22∑∑∑of where it was, expect 45 minutes or an hour and a

23∑∑∑half away.

24∑Q∑Okay.∑So you didn't dispute that there was a

25∑∑∑business reason for the elimination of your

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∑1∑∑∑position?∑Is that what you're saying?

∑2∑∑∑∑∑MR. WHITE:∑Object to foundation.

∑3∑A∑No, I'm not saying that.∑She said there was.

∑4∑Q∑Okay.

∑5∑A∑She said that she couldn't afford me anymore.

∑6∑Q∑And did you think that was untrue?

∑7∑A∑Yes.

∑8∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

∑9∑∑∑∑∑THE WITNESS:∑That -- did you say not to

10∑∑∑answer, Ethan?

11∑∑∑∑∑MR. WHITE:∑No, no, no.∑I said asked and

12∑∑∑answered.∑You can answer it again.

13∑∑∑∑∑MR. TSCHANZ:∑I will be having a discussion

14∑∑∑with Ethan before ever letting a witness answer --

15∑∑∑continue to answer if he instructs them not to

16∑∑∑answer a question, so don't worry.∑He and I will

17∑∑∑have a sidebar.

18∑A∑My conversation with her was when she said that I

19∑∑∑make too much money.∑I said, the building I'm in

20∑∑∑is the only building in the region that made over a

21∑∑∑million dollars in profit.∑Why would you cut a

22∑∑∑position from here?∑I said it makes no sense to

23∑∑∑me.

24∑Q∑Were you involved in personnel decisions and who to

25∑∑∑cut?

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∑1∑A∑Yeah.∑Yes.∑In many of the buildings over my years

∑2∑∑∑of employment, yes.

∑3∑Q∑Okay.∑But you weren't involved in any decision or

∑4∑∑∑discussion about your position prior to its

∑5∑∑∑elimination; right?

∑6∑A∑No.∑No, I was not.

∑7∑Q∑So safe to say you do not -- you don't have any

∑8∑∑∑personal knowledge regarding what was considered in

∑9∑∑∑arriving at the decision to eliminate your

10∑∑∑position; right?

11∑A∑No, I don't.

12∑Q∑Okay.∑And so do you think Diane Lube was lying or

13∑∑∑she just made a mistake when she decided to

14∑∑∑eliminate your position due to budgetary reasons?

15∑A∑Oh, I think she was doing it -- and I'm a long-term

16∑∑∑employee.∑I made a lot of money.∑And she said she

17∑∑∑was going to get rid of me, so that's how she did

18∑∑∑it.

19∑Q∑And when she said she was going to get rid of you,

20∑∑∑that was because of the frustration you caused her

21∑∑∑starting with the Hinsdale investigation?

22∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

23∑∑∑Calls for speculation.

24∑A∑Yeah.∑I just think for many reasons.∑As I said

25∑∑∑before, the woman --

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∑1∑Q∑Well, Ms. Gray, here's the thing.∑This is my one

∑2∑∑∑opportunity to talk to you.

∑3∑A∑Right.

∑4∑Q∑These are your claims.

∑5∑A∑Right.

∑6∑Q∑You're alleging that my client discriminated

∑7∑∑∑against you based on your disability, failed to

∑8∑∑∑accommodate your disability.

∑9∑A∑Yeah.

10∑Q∑And so if there are reasons that you have to

11∑∑∑support why -- and part of that is Diane Lube had

12∑∑∑eliminated your position.∑It's right in your

13∑∑∑complaint.∑So if there are specific reasons why

14∑∑∑you believe she acted the way she did and what

15∑∑∑motivated her, then I'm entitled to know that.∑And

16∑∑∑so I am simply asking --

17∑A∑Yeah.

18∑Q∑-- to the extent you believe that she eliminated

19∑∑∑your position, why do you think that?∑And I know

20∑∑∑there could be many other reasons.∑And if there

21∑∑∑are many other reasons, we're going to be here

22∑∑∑longer that -- you know, than I anticipated.

23∑A∑Yeah.

24∑Q∑I need to know all those reasons.

25∑A∑Uh-huh.

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∑1∑∑∑∑∑MR. WHITE:∑Objection.∑Asked and answered.

∑2∑∑∑Calls for speculation.

∑3∑A∑I have to plug my computer back in.∑I'm sorry.

∑4∑Q∑That's fine.

∑5∑A∑Give me one minute, please.∑Okay.∑Can you hear me

∑6∑∑∑all right?

∑7∑Q∑Yup.

∑8∑A∑Okay.∑All right.∑All right.∑So can you ask me

∑9∑∑∑the question one more time about Diane Lube?

10∑Q∑Sure.∑You mentioned Diane Lube wanted to get rid

11∑∑∑of you.

12∑A∑Yes.

13∑Q∑And we talked about in the context of the letter

14∑∑∑that was -- your letter had stated that she was

15∑∑∑upset about the investigation at the Hinsdale

16∑∑∑location.∑You had also mentioned --

17∑A∑Yes.

18∑Q∑-- you protesting a patient's safety issue with --

19∑∑∑I believe it was an alcoholic patient who came in.

20∑A∑Two patients.

21∑Q∑Okay.∑And I simply asked you, okay, you know, is

22∑∑∑there anything else that would, in your mind --

23∑∑∑that you claim was the reason that Diane Lube

24∑∑∑wanted to eliminate your position?

25∑∑∑∑∑And you said, many other reasons.

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∑1∑∑∑∑∑And I said, well, I can't just leave it at

∑2∑∑∑many other reasons.∑I need to know exactly why you

∑3∑∑∑believe she eliminated your position and by

∑4∑∑∑extension discriminated against you.

∑5∑∑∑∑∑MR. WHITE:∑Same objection.

∑6∑A∑I just -- I don't know.∑There are many things that

∑7∑∑∑have happened over the years that I've worked for

∑8∑∑∑that company.∑And she's been there where I've

∑9∑∑∑intervened on behalf of employees and -- for the

10∑∑∑way of her treating them.∑And I just -- I don't

11∑∑∑know.∑There's many reasons.

12∑∑∑∑∑But the most important to me is that a week or

13∑∑∑two before I get this phone call from her, that I

14∑∑∑have this need for an accommodation -- and I'm

15∑∑∑thinking I'm going to have surgery -- that I tell

16∑∑∑her this, that I'm not able to sit, I have to move

17∑∑∑and get up.

18∑∑∑∑∑I said, I can't drive to Elk Grove Village. I

19∑∑∑can't do that right now.

20∑∑∑∑∑She didn't even respond to that.

21∑∑∑∑∑And I said it again when I told her, you know

22∑∑∑how long that commute is, you, as an administrator,

23∑∑∑with the rest of them, you would all put up a fit

24∑∑∑if there was going to be a meeting there.∑You

25∑∑∑didn't want to do the drive.

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∑1∑∑∑∑∑And she said, just think about it.∑Sleep on

∑2∑∑∑it and call me tomorrow.

∑3∑∑∑∑∑She didn't care, like I said, about the tumor

∑4∑∑∑and my need for accommodation.∑And I guess that's

∑5∑∑∑what I have to say about that.∑I don't have any

∑6∑∑∑more, other than -- like I said, I don't have proof

∑7∑∑∑that she didn't call other places.

∑8∑∑∑∑∑I just know what she said when I asked her

∑9∑∑∑about going to other buildings, and that was,

10∑∑∑Peter, that she said there's not much out there,

11∑∑∑Liza.

12∑∑∑∑∑Not that she would call, not that she would

13∑∑∑see what she could do.∑And that was kind of what I

14∑∑∑expected because that's what I would do.∑And

15∑∑∑that's what I would counsel supervisors in doing,

16∑∑∑is you always try to help the employee.

17∑Q∑Okay.∑So we kind of got sidetracked.∑So let me

18∑∑∑button that up because I thought we were sort of

19∑∑∑done with the discrimination, failure to

20∑∑∑accommodate, interactive piece of it.

21∑∑∑∑∑Other than everything that we've discussed

22∑∑∑today, which was a lot, is there anything else,

23∑∑∑allegations, support, documents, facts that support

24∑∑∑your claim that Diane Lube discriminated against

25∑∑∑you based on your disability?

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∑1∑A∑No.

∑2∑Q∑Okay.∑Same question for any other facts, evidence,

∑3∑∑∑documents, support for your claim that she failed

∑4∑∑∑to engage in the interactive process with you or

∑5∑∑∑failed to accommodate your disability?∑Other than

∑6∑∑∑what we've discussed today, is there anything else?

∑7∑A∑No.

∑8∑Q∑Okay.∑We have just started on -- it's Count II.

∑9∑∑∑We talked about retaliation, and I believe you said

10∑∑∑that you believe Diane Lube -- you're claiming

11∑∑∑Diane Lube, Rami, Jeff, and Steve Cavanaugh you're

12∑∑∑claiming subjected you to retaliation violation of

13∑∑∑the ADA; is that right?

14∑A∑Yes.

15∑Q∑And when I say ADA, do you understand that I'm

16∑∑∑referring to the Americans with Disabilities Act?

17∑A∑Americans with Disabilities Act, yes.∑Uh-huh.

18∑Q∑Okay.∑Diane Lube, how did she retaliate against

19∑∑∑you in violation of the ADA?

20∑∑∑∑∑MR. WHITE:∑Objection to the extent it calls

21∑∑∑for a legal conclusion.

22∑A∑She did not provide reasonable accommodation for me

23∑∑∑to do or perform my job.

24∑Q∑Okay.∑And retaliation, what is your -- what is

25∑∑∑your understanding of what it means?∑I'm asking

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∑1∑∑∑for your understanding, not a legal definition,

∑2∑∑∑your understanding of what it means to retaliate

∑3∑∑∑against someone.

∑4∑A∑Yes, I know what retaliate means.∑You're doing --

∑5∑∑∑it's if someone is reacting in a negative way

∑6∑∑∑because of something that has transpired or

∑7∑∑∑occurred, you know, in an earlier time.

∑8∑Q∑Okay.

∑9∑A∑So they do something negative.

10∑Q∑Okay.∑So my question to you based on your

11∑∑∑definition, because these are your claims, what is

12∑∑∑it that transpired in an earlier time that you

13∑∑∑claim would cause Ms. Lube to retaliate against

14∑∑∑you?

15∑A∑Well, nothing that I've done, just her actions

16∑∑∑towards me.

17∑Q∑Okay.

18∑A∑Not answering -- not answering e-mails.∑When I

19∑∑∑walk past the office, when she sees me, slams the

20∑∑∑door in my face.∑I mean, there's all kinds of

21∑∑∑things.

22∑Q∑And did she do that because you requested an

23∑∑∑accommodation or did she do that because of the

24∑∑∑investigation in Hinsdale?∑Why?∑Why did she do

25∑∑∑that?

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∑1∑∑∑∑∑MR. WHITE:∑Objection.∑Calls for speculation.

∑2∑A∑Yeah.∑She did it because she was just trying to

∑3∑∑∑send a message to me, I think, that, you know, I

∑4∑∑∑didn't matter.∑She didn't like me and she was

∑5∑∑∑going to let me know any way she could.

∑6∑Q∑Okay.∑Any other facts, evidence, documents or

∑7∑∑∑support you have for your claim that Diane Lube

∑8∑∑∑retaliated against you in violation of the ADA?

∑9∑A∑No.

10∑Q∑Okay.∑Same question for Rami -- Rami.∑What did

11∑∑∑Mr. Rami do that you believe amounts to retaliation

12∑∑∑and violation of the ADA?

13∑A∑I don't have proof.∑I just don't know because I

14∑∑∑was never informed that he told her to call other

15∑∑∑buildings and look around and see who needed help

16∑∑∑and get me in those buildings because that's what

17∑∑∑the expectation would have been from my previous

18∑∑∑boss.

19∑∑∑∑∑That's what I would have recommended.∑And I

20∑∑∑would have -- and I worked with the HRs a lot as

21∑∑∑well, the HRDs.∑And that's what we try to do, we

22∑∑∑try to accommodate our employees.

23∑Q∑Okay.∑Same line of questioning as we talked about

24∑∑∑Ms. Lube.∑Why -- what was the -- in your mind, why

25∑∑∑did he engage in that behavior?∑What would have

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∑1∑∑∑transpired in the past, using your words, to cause

∑2∑∑∑him to do that?

∑3∑A∑I have no idea.∑None, whatsoever.∑I just think

∑4∑∑∑that the company was making financial cuts.∑And

∑5∑∑∑they had made a few and they were starting with the

∑6∑∑∑oldest and -- older employees that were making the

∑7∑∑∑most money and that had been there the longest

∑8∑∑∑time.

∑9∑Q∑Anything else about Mr. Rami we haven't discussed

10∑∑∑today as it relates to your retaliation claim?

11∑A∑No.

12∑Q∑Okay.∑Jeff, how do you claim Jeff retaliated

13∑∑∑against you in violation of the ADA?

14∑A∑By not communicating to me whether or not there

15∑∑∑were calls made to buildings, administrators, CONs,

16∑∑∑to see if there was anything else or anyone else

17∑∑∑that needed my help or to send me to another

18∑∑∑building that I could continue to help them do what

19∑∑∑they needed done and -- with my accommodation,

20∑∑∑which was very reasonable.

21∑Q∑Okay.∑Anything else related to how you believe

22∑∑∑Jeff retaliated against you in violation of the

23∑∑∑ADA?

24∑A∑No.∑No.

25∑Q∑Same question using your words, something had

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∑1∑∑∑transpired in the past to cause someone to -- these

∑2∑∑∑aren't your words -- but to seek retribution, so to

∑3∑∑∑speak.∑What happened in the past that would have

∑4∑∑∑caused Jeff to retaliate against you?

∑5∑A∑Nothing.

∑6∑Q∑Okay.∑Anything further to add about Jeff?

∑7∑A∑No.

∑8∑Q∑Okay.∑Steve Cavanaugh.∑How did is Steve Cavanaugh

∑9∑∑∑retaliate against you in violation of the ADA?

10∑A∑Well, first of all, in other instances where --

11∑∑∑over the many years I've worked with the company,

12∑∑∑there have been frontline employees that have

13∑∑∑needed accommodation.∑And we have gone above and

14∑∑∑beyond what we needed to do, even extending those

15∑∑∑accommodations and -- past their medical date

16∑∑∑because it's the appropriate thing to do as far as

17∑∑∑employee relations.∑Well, that didn't happen with

18∑∑∑me.

19∑Q∑So are you claiming that part of your allegation is

20∑∑∑that you should have been able to continue on a

21∑∑∑leave of absence instead of being terminated around

22∑∑∑the end of --

23∑A∑Oh.

24∑Q∑I'm sorry.∑Say that again?

25∑A∑Yes.∑Yes, Peter.∑That's one of the reasons.

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∑1∑∑∑There are hundreds and hundreds, if not thousands,

∑2∑∑∑of employees that have been on the payroll

∑3∑∑∑for years that have not been terminated out of the

∑4∑∑∑system and are still considered employees, and it

∑5∑∑∑it's all in the six pack report.∑I've seen them.

∑6∑∑∑I know.∑I help with scheduling.

∑7∑Q∑You are intimately familiar with the hundreds and

∑8∑∑∑thousands of employees' situations and you were

∑9∑∑∑tasked on making the call as to whether or not they

10∑∑∑should be terminated or continued on a leave of

11∑∑∑absence in every case?

12∑∑∑∑∑MR. WHITE:∑Objection.∑Argumentative.

13∑A∑I believe --

14∑Q∑Well, that taken, I didn't mean that, Ms. Gray.

15∑∑∑I'm just trying to get a sense of your personal

16∑∑∑knowledge.∑I apologize.

17∑A∑Well, part -- part of what I did was help the

18∑∑∑schedulers who master schedules, set them up in

19∑∑∑their buildings -- that was another thing I did.

20∑∑∑We would look at the six pack report on how many

21∑∑∑employees we had.

22∑∑∑∑∑We had employees that were still active

23∑∑∑employees that had been on there for years and were

24∑∑∑active and never terminated out of the system.

25∑∑∑∑∑So, number one, their tenure never changed.

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∑1∑∑∑Their expiration --

∑2∑Q∑Let me just ask it this way.∑I just want to make

∑3∑∑∑sure --

∑4∑∑∑∑∑MR. WHITE:∑Hold on.∑Hold on.∑She's in the

∑5∑∑∑middle of her answer.∑Let her answer.

∑6∑Q∑Go ahead.

∑7∑A∑They -- they -- you know, and then I would say to

∑8∑∑∑them, if this employee has not been here, you know,

∑9∑∑∑they're considered an active employee.∑Their start

10∑∑∑and end date isn't going to be until they're

11∑∑∑terminated out of the system.∑And some people with

12∑∑∑medical reasons, we let far exceed -- go sometimes

13∑∑∑over a year on a leave because of the medical

14∑∑∑necessity and their years of service with the

15∑∑∑company.

16∑∑∑∑∑And the -- you know, my education, way of

17∑∑∑thinking is it's fair and consistent.∑You always

18∑∑∑be fair and consistent and you never go wrong

19∑∑∑because no one can ever charge you with anything

20∑∑∑then.∑And we were not fair and we were not

21∑∑∑consistent with all employees, and that includes

22∑∑∑myself.

23∑Q∑Okay.∑And I guess my question that I was starting

24∑∑∑to ask is were you involved in all of the decisions

25∑∑∑to either keep or discharge these employees or were

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∑1∑∑∑you just aware of the circumstance that they were

∑2∑∑∑out or --

∑3∑A∑Well --

∑4∑Q∑Were you the decision-maker?∑Were you making the

∑5∑∑∑decision as to whether these employees should stay

∑6∑∑∑or be transitioned out?

∑7∑A∑Yes.∑When I would go through a master schedule

∑8∑∑∑with myself and my assistant, Carrie, we would

∑9∑∑∑look.∑If they hadn't worked in so long, we'd send

10∑∑∑an e-mail, we'd let the administrator know that we

11∑∑∑were going to have them terminated out of the

12∑∑∑system.

13∑∑∑∑∑And that -- yes.∑That -- that decision was

14∑∑∑based on what I have researched and what I had seen

15∑∑∑and my assistant, Carrie, doing these master

16∑∑∑schedules and letting people know we needed to get

17∑∑∑them out of the system.∑Because they're still an

18∑∑∑active employee and they haven't been here in over

19∑∑∑a year or two.∑It's crazy.

20∑Q∑And so that decision -- you said that decision was

21∑∑∑based on the research that you did.∑So you weren't

22∑∑∑the one that made that decision, you were just

23∑∑∑providing the information; right?

24∑A∑Well, it -- it was my decision to say the following

25∑∑∑people have not worked since such and such a date,

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∑1∑∑∑they need to be turned out of the system and

∑2∑∑∑communicate that to the administrator, payroll, and

∑3∑∑∑HR.∑And then the payroll person would put the code

∑4∑∑∑in whether they were eligible for rehire or not

∑5∑∑∑rehire.∑So I was involved in that whole process.

∑6∑Q∑Okay.∑Well, let me ask it this way.∑Were you in

∑7∑∑∑any way -- do you have personal knowledge regarding

∑8∑∑∑the decision to terminate your employment?

∑9∑A∑Ask me that again.

10∑Q∑Sure.∑Absolutely.∑Do you have personal knowledge

11∑∑∑regarding the decision to terminate your

12∑∑∑employment?

13∑A∑Well, all I know is I called Sharon Jones in

14∑∑∑December and said -- because I wanted to continue

15∑∑∑my health care benefits -- I said, can you guys

16∑∑∑please, can you please just keep -- keep me on as

17∑∑∑an active employee for another quarter so I can

18∑∑∑continue my insurance because I was having these

19∑∑∑issues.

20∑∑∑∑∑And she told me no, that Deb Durham said that

21∑∑∑we can't do that.

22∑∑∑∑∑And I said, but we've done that with hundreds

23∑∑∑of employees.∑And now you're telling me, for me,

24∑∑∑we cannot do this?

25∑Q∑And who told you this?

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∑1∑A∑Sharon Jones.

∑2∑Q∑Okay.∑And Sharon Jones is in human resources?

∑3∑A∑Yeah.∑She was my human resource director at Oak

∑4∑∑∑Lawn East.

∑5∑Q∑Okay.∑What was her response to you stating that?

∑6∑A∑Well, I mean, she felt bad, you know.∑She felt

∑7∑∑∑really bad, and she knew I was right.∑I mean --

∑8∑Q∑I just want to know what she said to you.∑I mean,

∑9∑∑∑what did she --

10∑A∑She said, Liza, I'm sorry.∑You know, I asked and

11∑∑∑they won't let me do it.

12∑Q∑Okay.∑So -- and safe to say you weren't involved

13∑∑∑in the discussions surrounding whether to keep you

14∑∑∑on or not; right?

15∑A∑No.∑No, no.

16∑Q∑Okay.∑Again, we got a little sidetracked there,

17∑∑∑but I think it's important to make sure we drill

18∑∑∑down on all these details.

19∑∑∑∑∑We were talking -- we talked -- we were

20∑∑∑talking about retaliation.∑We talked about Rami,

21∑∑∑and I believe you said you had provided me with all

22∑∑∑evidence, support, facts or documents that support

23∑∑∑your claims that Rami retaliated against you in

24∑∑∑violation of the ADA.∑Do you recall that question?

25∑A∑Yeah.

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∑1∑Q∑And is it true, sitting here today, you provided me

∑2∑∑∑with all the information, documents, and facts you

∑3∑∑∑have to support your retaliation claim against

∑4∑∑∑Rami?

∑5∑A∑Yes.

∑6∑Q∑Same question for Jeff.∑How did Jeff retaliate

∑7∑∑∑against you in violation of the ADA, and why do you

∑8∑∑∑believe he did that?

∑9∑∑∑∑∑MR. WHITE:∑Objection to form.

10∑A∑I guess I'm going to just be repeating myself, that

11∑∑∑as a corporate HR person, your personnel is your

12∑∑∑most important asset.∑And he could have gone above

13∑∑∑and beyond and tried to find something for me

14∑∑∑somewhere close.∑And I guarantee you that any

15∑∑∑building that was called in my vicinity would have

16∑∑∑taken me in a heartbeat.

17∑Q∑Okay.∑Anything else regarding Jeff as it relates

18∑∑∑to your retaliation claim?

19∑A∑No.

20∑Q∑Okay.∑And then, lastly, Steve Cavanaugh.

21∑A∑Yeah.

22∑Q∑Same question.∑How do you -- why do you believe

23∑∑∑Steve Cavanaugh -- or what did Steve Cavanaugh do

24∑∑∑that you believe amounts to retaliation in

25∑∑∑violation of the ADA, and why do you believe he

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∑1∑∑∑engaged in that conduct?

∑2∑∑∑∑∑MR. WHITE:∑Objection to form.

∑3∑A∑Because he was the CEO of the company.∑And not

∑4∑∑∑only was he the CEO, but they were also -- part of

∑5∑∑∑the company was going bankrupt and they were

∑6∑∑∑selling off buildings, and I think that it didn't

∑7∑∑∑matter to him if I had a disability or not.

∑8∑∑∑∑∑The thing was I was a 25-year employee with an

∑9∑∑∑exceptional record and I made a decent amount of

10∑∑∑money.∑And like the other older employees, I was

11∑∑∑going to be gone.

12∑Q∑Do you think there was some sort of age component?

13∑∑∑You said the older employees.∑Do you think there

14∑∑∑was some sort of motivation based on age? I

15∑∑∑guess --

16∑A∑Oh, I know -- yes.∑I know of some things that have

17∑∑∑occurred with people that were older and were kind

18∑∑∑of pushed out, so -- but I don't even want to get

19∑∑∑into that.

20∑Q∑Well, anything else related to Mr. Cavanaugh and

21∑∑∑your retaliation -- and your claim that he

22∑∑∑retaliated against you?

23∑A∑No.

24∑∑∑∑∑MR. TSCHANZ:∑Okay.∑Ethan, we're on the

25∑∑∑homestretch here.∑Just wanted to let you know.

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∑1∑∑∑There's a couple things that I wanted to talk about

∑2∑∑∑really quick.

∑3∑BY MR. TSCHANZ:

∑4∑Q∑Ms. Gray, earlier on, you testified that you

∑5∑∑∑received monthly Social Security Disability

∑6∑∑∑benefits.∑Is that your only source of income?

∑7∑A∑Yes.

∑8∑Q∑Okay.∑And how much do you earn per month in Social

∑9∑∑∑Security Disability?

10∑A∑It's 2,200-some dollars.

11∑Q∑Okay.∑And you -- and you have not worked in any

12∑∑∑capacity since you were employed by HCR; right?

13∑A∑No.∑I did apply for jobs, but nobody hired me.

14∑Q∑Okay.∑And that was prior to February 1st, 2019;

15∑∑∑right?

16∑A∑Yeah.

17∑Q∑And February 1st, 2019, is the date of the car

18∑∑∑accident?

19∑A∑Yup.∑Uh-huh.

20∑Q∑Are you involved in any litigation over that car

21∑∑∑accident?

22∑A∑I was.∑That's all over.∑The person -- yes.∑It's

23∑∑∑all over.

24∑Q∑Okay.∑Were you -- so you were a party to a civil

25∑∑∑matter, and that was the car accident lawsuit or

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∑1∑∑∑was there a lawsuit not filed or was it --

∑2∑A∑No.∑The person that hit me was only insured for

∑3∑∑∑$25,000 and I had 300 and -- over $300,000 in

∑4∑∑∑medical bills.∑So I had a good insurance policy

∑5∑∑∑that took care of my -- most of my medical bills.

∑6∑∑∑I'm still paying some.

∑7∑Q∑Okay.∑Have you sought any treatment for emotional

∑8∑∑∑distress damages associated with your employment

∑9∑∑∑with HCR?

10∑A∑I did.∑I'm very close with my attending physician,

11∑∑∑and she was my rock through all of this.∑I had to

12∑∑∑get some antianxiety medication.

13∑Q∑And when did that start and is it still continuing?

14∑A∑Yeah.

15∑Q∑Okay.

16∑A∑It started about a week after this whole incident

17∑∑∑happened with my job.∑And I was doing really well

18∑∑∑until we had to do the deposition and then all came

19∑∑∑back again.∑I'm fine.

20∑Q∑I'm sorry.∑If we need to take a break, I'm happy

21∑∑∑to do it.∑I just have just a little bit more.

22∑A∑I'm good.∑I'm good.

23∑Q∑But that is out there for you if you need to take

24∑∑∑advantage of it.∑I know that your lawyer might

25∑∑∑have a few questions for you as well after.∑And to

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∑1∑∑∑kind of move away from that particular topic, let's

∑2∑∑∑take a look at what's on my screen right now.∑It's

∑3∑∑∑the interrogatory -- it's Exhibit 1.

∑4∑A∑Okay.

∑5∑Q∑This asks you to identify all persons you

∑6∑∑∑communicated with, either orally or in writing,

∑7∑∑∑concerning the claims and allegations in this case.

∑8∑∑∑And so you responded with communications with

∑9∑∑∑defendant's regional director.∑Was that -- that

10∑∑∑would be Ms. Lube; right?

11∑A∑Right.

12∑Q∑Okay.∑About your position elimination, you say

13∑∑∑either one or more phone calls with Deb Durham

14∑∑∑regarding her supervisor and her supervisor's

15∑∑∑refusal to engage in the interactive process.

16∑∑∑∑∑Deb Durham, when you say regarding her

17∑∑∑supervisor, Dub Durham's supervisor or are you

18∑∑∑saying Deb --

19∑A∑No.∑No.∑Let's see.∑Says, "her position was being

20∑∑∑eliminated and proposed a transfer ... Plaintiff

21∑∑∑had one or more telephone calls with Deb Durham

22∑∑∑regarding" the fact that I had tried to get ahold

23∑∑∑of Kelly, my boss, who was on vacation.

24∑∑∑∑∑I kept calling her, and I went outside and I

25∑∑∑was calling her and she wasn't answering.∑And then

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∑1∑∑∑I texted her about the phone call.∑I said, well, I

∑2∑∑∑just got a phone call from Diane Lube, and she just

∑3∑∑∑told me she was eliminating my position here.∑Did

∑4∑∑∑you have any knowledge of this?

∑5∑∑∑∑∑And she said, no.∑She said, I didn't know

∑6∑∑∑anything about that.∑She said, she told me before

∑7∑∑∑I went on vacation, she was going to farm you out

∑8∑∑∑again.

∑9∑Q∑Okay.∑Anything else discussed in that

10∑∑∑conversation?

11∑A∑No.

12∑Q∑And so you also referenced a telephone call with

13∑∑∑Kelly Cigar, telephone call with Rami --

14∑A∑Yeah.∑I tried calling her but she didn't answer.

15∑∑∑She texted me and I texted her.

16∑Q∑Okay.∑Rami -- I guess what I'm getting at --

17∑∑∑because we've covered a lot of ground today,

18∑∑∑Ms. Gray, and I really appreciate your patience.

19∑∑∑And you take this very seriously, and I really

20∑∑∑appreciate that because this can be a long process.

21∑∑∑∑∑My question to you is have we already

22∑∑∑discussed all the conversations and communications

23∑∑∑that are referenced in this interrogatory response

24∑∑∑today?

25∑A∑Yeah.∑I mean, to the degree that you've asked me

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∑1∑∑∑about it, I don't know if --

∑2∑Q∑Well, we talked about, you know, is there anything

∑3∑∑∑regarding -- is there any other discussions that

∑4∑∑∑you had with Kelly Cigar, Rami, Jeff, Diane Lube,

∑5∑∑∑or even Steve Cavanaugh regarding your leave,

∑6∑∑∑regarding your request for accommodation, regarding

∑7∑∑∑your disability?

∑8∑∑∑∑∑Is there anything else regarding these topics

∑9∑∑∑or your claims against the company that -- is there

10∑∑∑anything else out there that we need to talk about

11∑∑∑that was not already talked about today?∑Is there

12∑∑∑anything else you have to add?

13∑∑∑∑∑MR. WHITE:∑Object to form.

14∑A∑No, Peter.∑No.

15∑Q∑Okay.∑The commute to Elk Grove, was it a traffic

16∑∑∑issue or what was the issue?∑Because I know --

17∑∑∑just purely by way of background, I am from the

18∑∑∑area originally.∑I'm in Indiana now, but I

19∑∑∑actually went to Loyola University of Chicago.∑So

20∑∑∑I've lived in Chicago proper.∑I know that it's not

21∑∑∑so much the distance in Chicago --

22∑A∑It's the commute.

23∑Q∑-- it's the traffic; right?

24∑A∑Yeah.∑It's horrid.∑Horrid.

25∑Q∑Yeah.

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∑1∑A∑Especially going from south to north the way you

∑2∑∑∑have to get there.

∑3∑Q∑Because you have to go on 294, right, to get to ...

∑4∑A∑Yeah.∑And I would get on La Grange Road to 55 to

∑5∑∑∑294 to 290, take that up towards 355.∑I mean, it

∑6∑∑∑is an absolute nightmare.∑And traffic -- there's

∑7∑∑∑always construction.∑And when it's not

∑8∑∑∑construction, it's the weather.∑There's no way you

∑9∑∑∑can get there from where I lived in under

10∑∑∑40 minutes.∑It's not possible, unless you fly.

11∑Q∑Okay.∑Now, that's going to be dependent on the

12∑∑∑time of day though; right?∑I mean, it's going

13∑∑∑to -- because you had mentioned earlier there

14∑∑∑was --

15∑A∑No.

16∑Q∑So it's your position, no matter what, across the

17∑∑∑board, it is --

18∑A∑It's a minimum of 40 minutes in good -- you know,

19∑∑∑in good flowing traffic.

20∑Q∑Okay.∑And what do you base that on, I guess,

21∑∑∑because that's, you know --

22∑A∑Because I used to work up there.∑I used to work in

23∑∑∑Rolling Meadows.∑And I lived --

24∑Q∑Okay.∑And --

25∑A∑I lived 15 miles closer, and it would take me

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∑1∑∑∑45 minutes to get to Rolling Meadows.∑And because

∑2∑∑∑of the area that I live on, 55 backs up.∑It takes

∑3∑∑∑20 minutes just to get to the on-ramp to 294 in the

∑4∑∑∑morning.

∑5∑Q∑Okay.∑You mention Donna Bellocchio.

∑6∑A∑Bellocchio.

∑7∑Q∑Bellocchio.

∑8∑A∑Bellocchio.

∑9∑Q∑What evidence do you have to support that she

10∑∑∑replaced you after your position was eliminated?

11∑A∑Well, it happened, I think, by an accident.∑But I

12∑∑∑was in the office with Kelly and she got a call

13∑∑∑from Diane Lube, who -- and Kelly didn't ask me to

14∑∑∑leave.∑I mean, she just didn't, you know.

15∑∑∑∑∑We were -- worked together and the

16∑∑∑conversation, apparently, she was having -- I could

17∑∑∑hear some of it -- but was repeating some of it.

18∑∑∑And that was that Diane Lube was trying to contact

19∑∑∑Donna Bellocchio to take a mobile regional, like,

20∑∑∑DON position and basically do the same things that

21∑∑∑she told me she didn't need me to do anymore.

22∑Q∑How do you --

23∑A∑So I was --

24∑Q∑How do you know it was the same things?∑I mean,

25∑∑∑did they list --

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∑1∑A∑Because Kelly and I talked about it.∑She wanted

∑2∑∑∑education to be done.∑She wanted her to, you know,

∑3∑∑∑to work on starting and precepting, you know, new

∑4∑∑∑DONs and ADONs, and many of the things that I did.

∑5∑∑∑∑∑And I'm just sitting there with my mouth

∑6∑∑∑agape.∑And I told Kelly, I said, what am I? I

∑7∑∑∑mean, these are the things that I do.∑Why would

∑8∑∑∑she need her to do those?

∑9∑Q∑That was after you went on leave and were

10∑∑∑terminated?

11∑A∑No.∑This was before, well before, when Diane just

12∑∑∑started in her position.

13∑Q∑What evidence do you have to support that she

14∑∑∑replaced you though?

15∑A∑Well, I use the words "replaced me" because she was

16∑∑∑doing the things that I had been doing.∑She was

17∑∑∑asking --

18∑Q∑At what point in time?

19∑A∑-- you know --

20∑Q∑At what point in time, I guess, I'm asking?

21∑A∑I just -- it started when Diane first took the

22∑∑∑position.∑She was trying to get ahold of her and

23∑∑∑she finally made contact and told Kelly what she

24∑∑∑was going to offer her, and Kelly told me.

25∑Q∑Okay.∑I guess what I'm asking is if you

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∑1∑∑∑specifically allege that she -- that your position

∑2∑∑∑was eliminated and essentially Donna was brought in

∑3∑∑∑and replaced the position that was eliminated.

∑4∑∑∑∑∑And my question to you is what evidence do you

∑5∑∑∑have to support that?∑I mean, do you have any

∑6∑∑∑reason to dispute that Ms. Donna was hired --

∑7∑∑∑rehired by the company on February 27, 2017, and

∑8∑∑∑resigned in November of 2018?∑Do you have any --

∑9∑A∑She had --

10∑Q∑-- reason to dispute that?

11∑∑∑∑∑MR. WHITE:∑Objection --

12∑A∑No.

13∑∑∑∑∑MR. WHITE:∑-- to form and foundation.

14∑A∑No.∑And Donna Bellocchio has been -- she has been

15∑∑∑hired and is quit the company, I don't know, four

16∑∑∑or five times.∑And they've rehired her.

17∑Q∑Okay.∑And it's just, again, going back to the

18∑∑∑letter in Exhibit 4.

19∑A∑Uh-huh.

20∑Q∑You do reference her.∑Let me find that quickly.

21∑A∑Yeah.

22∑Q∑"Diane also hired Donna Bellocchio as the mobile

23∑∑∑DON after she eliminated my regional nurse job and

24∑∑∑that position was never offered to me."

25∑A∑Right.

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∑1∑Q∑So she wasn't -- you're saying she wasn't -- she

∑2∑∑∑didn't replace you after your education nursing

∑3∑∑∑position was eliminated in 2018.∑You're talking

∑4∑∑∑about prior to?

∑5∑A∑Yes.∑When she eliminated my regional position and

∑6∑∑∑all the jobs that I had done, she hired Donna on to

∑7∑∑∑do some of the responsibilities that I was doing

∑8∑∑∑and had done prior.

∑9∑Q∑And were you involved in any way in the

10∑∑∑decision-making process?

11∑A∑No.∑No.

12∑Q∑Okay.

13∑A∑And I don't -- and Diane Lube doesn't even know

14∑∑∑that I know that conversation occurred between her

15∑∑∑and Kelly Cigar.

16∑∑∑∑∑MR. TSCHANZ:∑Okay.∑All right.

17∑∑∑∑∑Ethan, if we could take like a four-minute

18∑∑∑break, I just want to look at a couple notes and

19∑∑∑then ask just a handful of wrap-up questions and

20∑∑∑then I'm going to be finished.∑Is that all right

21∑∑∑with you?

22∑∑∑∑∑MR. WHITE:∑Okay.∑Sounds good.

23∑∑∑∑∑(A brief recess was taken.)

24∑BY MR. TSCHANZ:

25∑Q∑All right.∑Ms. Gray, we're back from a brief

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∑1∑∑∑recess.∑You understand that you're still under

∑2∑∑∑oath and obligated to provide truthful testimony?

∑3∑A∑Yes.

∑4∑Q∑Okay.∑Couple quick questions and then we can wrap

∑5∑∑∑up.∑The position that was offered to you at the

∑6∑∑∑Elk Grove facility, what was -- what were the

∑7∑∑∑particulars of that position?∑Was that ever

∑8∑∑∑communicated to you?

∑9∑A∑No.∑Basically it was told to me -- she said, I

10∑∑∑need you just to -- apparently they were in a

11∑∑∑substandard care situation with the State.∑And she

12∑∑∑said, I need you to go there and help the DON get

13∑∑∑it cleaned up.

14∑Q∑Is that a pretty serious issue?

15∑A∑Yeah.∑I mean, nobody wants to be considered

16∑∑∑substandard.

17∑Q∑Okay.∑And she was -- she wanted you to be the one

18∑∑∑to correct it?

19∑A∑Yup.

20∑Q∑So do you believe she had trust in your abilities

21∑∑∑to do that?

22∑A∑Well, I think she knew that I had done it in so

23∑∑∑many other buildings and helped that she wanted me

24∑∑∑to do it, but Donna Bellocchio was around.

25∑∑∑∑∑And I even said to her, I said, with this

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∑1∑∑∑issue with my back, I can't do that.∑Why don't you

∑2∑∑∑send Donna?∑That's what you hired her for, you

∑3∑∑∑know.

∑4∑Q∑What was her response to that?

∑5∑A∑I don't -- Donna was helping at Westmont or

∑6∑∑∑something.∑I don't know.∑I don't know.

∑7∑Q∑Okay.∑Earlier on, you testified that you had that

∑8∑∑∑restriction in the June 6th note about not sitting

∑9∑∑∑or standing for 15 minutes, you needed to get up

10∑∑∑and stretch.∑I think you described it as the

11∑∑∑little things you could do to sort of relieve the

12∑∑∑pain.

13∑∑∑∑∑Did you ever ask -- have to ask anyone for

14∑∑∑permission to do that?

15∑∑∑∑∑MR. WHITE:∑Objection to form.

16∑A∑No.

17∑∑∑∑∑MR. WHITE:∑Foundation.

18∑Q∑Okay.∑And that doctor's note had nothing to do

19∑∑∑with sitting in a car; right?∑That was purely in

20∑∑∑the workplace?

21∑A∑That was just a fluke that I happened to get the

22∑∑∑doctor's note after I found out about my back and

23∑∑∑they gave it to me.∑And I always got doctors'

24∑∑∑notes and things like that to keep in my personnel

25∑∑∑file.

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∑1∑Q∑Okay.∑But you didn't think you needed it to be

∑2∑∑∑able to --

∑3∑A∑No.

∑4∑Q∑Okay.

∑5∑∑∑∑∑THE REPOTER:∑I'm sorry.∑Mr. White, I didn't

∑6∑∑∑catch your objection.∑Was it objection to form and

∑7∑∑∑then what else?

∑8∑∑∑∑∑MR. WHITE:∑Probably foundation.

∑9∑∑∑∑∑THE REPOTER:∑Okay.∑Thank you.

10∑∑∑∑∑MR. WHITE:∑Yeah.

11∑Q∑Do you know what happened -- so your job duties as

12∑∑∑a nurse educator in 2018, what happened with that,

13∑∑∑those functions after you went on leave and then

14∑∑∑eventually were terminated?∑Do you know who

15∑∑∑performed them or were they performed anymore

16∑∑∑or ...

17∑∑∑∑∑MR. WHITE:∑Objection.∑Calls for speculation.

18∑∑∑Form.∑Foundation.

19∑Q∑I'm just asking you if you know.

20∑A∑I don't.∑I don't.

21∑Q∑Okay.

22∑A∑I was also the --

23∑∑∑∑∑MR. WHITE:∑Liza.∑Liza, there's not a

24∑∑∑question pending.∑There's not a question pending.

25∑A∑Okay.

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∑1∑Q∑Okay.∑All right, Ms. Gray.∑Have you now provided

∑2∑∑∑all witnesses, facts and evidence you have to

∑3∑∑∑support your claim for disability discrimination in

∑4∑∑∑violation with the American Disabilities Act as

∑5∑∑∑alleged in Count I of your complaint?

∑6∑∑∑∑∑MR. WHITE:∑Object to form.∑Calls for a legal

∑7∑∑∑conclusion.

∑8∑A∑I guess I don't understand the question.∑I mean,

∑9∑∑∑there are other people that I worked with that knew

10∑∑∑about my back and my issues.∑I don't -- are you

11∑∑∑talking about them too?

12∑Q∑Well, let me -- let me phrase it this way.∑Do you

13∑∑∑remember us discussing your claim for disability

14∑∑∑discrimination in violation of the ADA?

15∑A∑Yes.

16∑Q∑Okay.∑Sitting here today, I'm simply asking you

17∑∑∑have we now discussed all the facts and evidence

18∑∑∑you have to support your claim for disability

19∑∑∑discrimination in violation of the ADA?

20∑∑∑∑∑MR. WHITE:∑Same objections.

21∑A∑Yeah.

22∑Q∑Okay.∑And do you remember discussing your claim

23∑∑∑that my client failed to engage in the interactive

24∑∑∑process in violation of the ADA?

25∑A∑Yeah.

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∑1∑Q∑Okay.∑Sitting here today, have we now discussed

∑2∑∑∑all the facts and evidence you have to support your

∑3∑∑∑claim that HCR failed to engage in the interactive

∑4∑∑∑process in violation to the ADA?

∑5∑∑∑∑∑MR. WHITE:∑Same objections.

∑6∑A∑As far as I know, yes.

∑7∑Q∑Do you remember discussing your claim that the

∑8∑∑∑defendant in this case failed to reasonably

∑9∑∑∑accommodate your employment in violation of the

10∑∑∑ADA?

11∑A∑Yes.

12∑Q∑I mean, failed to reasonably accommodate your

13∑∑∑disability in violation of the ADA?

14∑A∑I'm sorry.∑My phone's ringing.∑Can you repeat the

15∑∑∑question?

16∑Q∑Sure.∑Earlier on in your deposition, I asked you

17∑∑∑to provide all facts and evidence you have to

18∑∑∑support your claim that my client failed to

19∑∑∑reasonably accommodate your disability.∑Do you

20∑∑∑remember that?

21∑A∑Yeah.

22∑Q∑Okay.∑My question simply is have we discussed all

23∑∑∑the facts and evidence you have to support your

24∑∑∑claim that the defendant in this matter has failed

25∑∑∑to reasonably accommodate your employment -- or

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∑1∑∑∑your disability?

∑2∑A∑Yeah.

∑3∑∑∑∑∑MR. WHITE:∑Objection to form.

∑4∑A∑Oh, I'm sorry.

∑5∑∑∑∑∑MR. WHITE:∑Calls for a legal conclusion.

∑6∑∑∑∑∑Go ahead.

∑7∑A∑Yes.

∑8∑Q∑Okay.∑Earlier on in your deposition, we discussed

∑9∑∑∑the claim -- your claim that my client retaliated

10∑∑∑against you in violation with the Americans with

11∑∑∑Disabilities Act.∑Do you remember that?

12∑A∑Yeah.

13∑Q∑Okay.∑Sitting here today, have you now provided me

14∑∑∑with all the facts and evidence you have to support

15∑∑∑your claim for disability retaliation in violation

16∑∑∑of the Americans with Disabilities Act?

17∑∑∑∑∑MR. WHITE:∑Same objections.

18∑A∑Yes, as far as I know.

19∑Q∑With respect to the claims brought in this lawsuit,

20∑∑∑Ms. Gray, have you now provided me with all facts

21∑∑∑and evidence you have to support your claims?

22∑∑∑∑∑MR. WHITE:∑Object to form.∑Foundation.

23∑∑∑Calls for legal conclusion.

24∑A∑As far as I know.

25∑Q∑Okay.∑Sitting here today, Ms. Gray, have we

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∑1∑∑∑Discussed all the claims and allegations you have

∑2∑∑∑against the defendant that you are bringing in this

∑3∑∑∑lawsuit?

∑4∑A∑Yes, as far as I know.

∑5∑Q∑Do you have -- okay.∑Have you provided me with

∑6∑∑∑truthful testimony today?

∑7∑A∑Absolutely.

∑8∑Q∑Have you understood each of the questions I have

∑9∑∑∑asked of you today where you did not specifically

10∑∑∑ask for clarification?

11∑A∑Yes.

12∑∑∑∑∑MR. TSCHANZ:∑I have nothing further.

13∑∑∑∑∑MR. WHITE:∑All right.∑We're all done.

14∑∑∑Thanks, everybody.

15∑∑∑∑∑THE REPORTER:∑Before we get off, can I get

16∑∑∑transcript orders on the record if anybody's

17∑∑∑ordering today?

18∑∑∑∑∑MR. TSCHANZ:∑We are just your standard, I

19∑∑∑think, is to get the PDF, condensed.∑And you can

20∑∑∑probably do this as a matter, of course, Grace, but

21∑∑∑just the -- I can click on the link and it has the

22∑∑∑exhibits in there?

23∑∑∑∑∑THE REPORTER:∑Yes.

∑∑∑∑∑∑MR. TSCHANZ:∑Okay.

24∑∑∑∑∑MR. WHITE:∑And I'll hold off for now, thanks.

∑∑∑∑∑∑(The deposition concluded at 5:02 p.m.)

25

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∑1∑∑∑∑∑∑∑∑UNITED STATES DISTRICT COURT

∑∑∑∑∑∑∑∑∑NORTHERN DISTRICT OF ILLINOIS

∑2∑∑∑∑∑∑∑∑∑∑∑EASTERN DIVISION

∑3

∑4

∑∑LIZA GRAY,∑∑∑∑∑∑∑∑∑∑)

∑5∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑)

∑∑∑∑∑∑∑∑Plaintiff,∑∑∑∑)

∑6∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑)

∑∑∑∑∑∑∑-v-∑∑∑∑∑∑∑∑∑) CASE NO.

∑7∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑) 20-CV-02466

∑∑MANORCARE HEALTH SERVICES,∑∑)

∑8∑LLC, DOING BUSINESS AS HCR∑∑)

∑∑MANORCARE HEALTH SERVICES,∑∑)

∑9∑LLC,∑∑∑∑∑∑∑∑∑∑∑∑∑)

∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑)

10∑∑∑∑∑∑∑Defendant.∑∑∑∑)

11

12∑∑∑∑∑∑∑∑∑∑Job No. 165909

13

14

15∑∑∑∑∑The deposition of LIZA GRAY, taken in the

∑∑above-captioned matter, on September 23, 2021, and at

16∑the time and place set out on the title page hereof.

∑∑∑∑∑∑It was requested that the deposition be

17∑transcribed by the reporter and that same be reduced

∑∑to typewritten form.

18∑∑∑∑∑It was agreed that the reading and signature

∑∑by the deponent to the deposition were waived on

19∑behalf of the parties plaintiff and defendant by their

∑∑respective counsel, the witness being present and

20∑consenting thereto, the deposition to be read with the

∑∑same force and effect as if signed by said deponent.

21

22

23∑∑∑∑∑∑∑STEWART RICHARDSON & ASSOCIATES

∑∑∑∑∑∑∑∑Registered Professional Reporters

24∑∑∑∑∑∑∑One Indiana Square, Suite 2425

∑∑∑∑∑∑∑∑∑∑Indianapolis, IN∑46204

25∑∑∑∑∑∑∑∑∑∑∑∑(800)869-0873

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∑1∑STATE OF INDIANA

∑2∑COUNTY OF MARION

∑3∑∑∑∑∑I, Grace E. Roh, a Notary Public in and for

∑4∑said county and state, do hereby certify that the

∑5∑deponent herein was by me first duly sworn to tell the

∑6∑truth, the whole truth, and nothing but the truth in

∑7∑the aforementioned matter;

∑8∑∑∑∑∑That the foregoing deposition was taken on

∑9∑behalf of the Defendant; that said deposition was

10∑taken at the time and place heretofore mentioned

11∑between 11:11 a.m. and 5:02 p.m.;

12∑∑∑∑∑That said deposition was taken down in

13∑stenograph notes and afterwards reduced to typewriting

14∑under my direction; and that the typewritten

15∑transcript is a true record of the testimony given by

16∑said deponent to the best of my abilities;

17∑∑∑∑∑And that the reading and signature by the

18∑deponent to the deposition were waived on behalf of

19∑the parties plaintiff and defendant by their

20∑respective counsel, the witness being present and

21∑consenting thereto, the deposition to be read with the

22∑same force and effect as if signed by said deponent.

23∑∑∑∑∑I do further certify that I am a disinterested

24∑person in this cause of action; that I am not a

25∑relative of the attorneys for any of the parties.

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∑1∑∑∑∑∑IN WITNESS WHEREOF, I have hereunto set my

∑2∑hand and affixed my notarial seal this 8th day of

∑3∑October, 2021.

∑4

∑5

∑6

∑7

∑8

∑9

10

11

12

13

∑∑My Commission expires:

14∑September 20, 2028

15

16∑Job No. 165909

17

18

19

20

21

22

23

24

25

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Exhibits

Liza Gray Ex 01 3:8 24:20,23

 180:3

Liza Gray Ex 02 3:10 24:24,25

Liza Gray Ex 03 3:12 26:24,25

Liza Gray Ex 04 3:13 33:4,5

 78:15 97:8,16 186:18

Liza Gray Ex 05 3:14 70:10,11,

 21,22 88:17 99:13

Liza Gray Ex 06 3:15 91:8,10

Liza Gray Ex 07 3:16 101:6,7

 110:2 118:17

Liza Gray Ex 08 3:17 113:5,6

 118:17 119:24

Liza Gray Ex 09 3:18 120:7,8

Liza Gray Ex 10 3:19 124:24,

 25

Liza Gray Ex 11 3:20 140:21,

 22

Liza Gray Ex 12 3:21 97:9,10

 140:24

$

$25,000 179:3

$300,000 179:3

0

06-07-18:03:11 100:9

1

1 24:20,23 122:1 125:19 180:3

10 73:8 124:24,25 125:20 131:9

 146:16

10/1/18 113:15

10/11/18 102:8

10/16 114:16

11 23:24 140:21,22

11:11 4:5

11th 26:7,13

12 75:23 97:9,10 103:19 134:11

 140:24

12th 91:25 99:3,7,9 103:1

 127:19

13 17:18 75:23 134:12

14 87:5

14th 26:18

15 66:1 69:19 71:12,13 73:8

 74:8,24 76:14,25 77:3 81:14

 82:1 109:1 131:10 143:20 144:2,

 12 146:16,25 183:25 189:9

15-minute 75:3

16 42:4 72:9

16th 101:14 117:1 118:15 120:2

17 72:20

18 72:20 102:21 126:25 127:5

 128:5,11

18th 88:11,12,13 90:1 100:20,21

 102:11,12 103:17 114:8,12

 128:11

1994 26:8,13

1st 24:5 114:9 120:21 121:7,13

 122:4,9,21 123:8 139:2 144:10

 178:14,17

2

2 24:24,25 110:9 125:20

2,200 123:6

2,200-some 178:10

2,400 123:6

20 30:3 59:20 69:19 81:16 109:2

 134:10 144:15 146:25 184:3

20-some 43:24

2000 56:15

2016 31:3 41:16,23 56:12,19

2017 53:20 56:7 186:7

2018 26:8,13,21 29:19,24,25

 31:10 41:24 42:2,4 44:25 52:20

 53:5,19 55:7,9,16 56:8 57:6,9

 70:16 71:9,10,22 72:13 81:11

 88:6 90:1 94:24 99:19 100:2,6,

 13,18 101:14 102:21 111:1

 114:8,10,13 117:1 118:15 120:2

 121:3 123:18 126:12,25 127:5

 128:5 138:22 139:2,4 142:20,24

 144:8,10 186:8 187:3 190:12

2019 120:6,21 121:8,13,17

 122:1,4,9,21 123:9 139:2 144:10

 178:14,17

2020 24:5 140:17

2021 4:4

21 138:22

21st 139:4

22 106:10

23 4:4

2425 4:3

25 26:21 109:23 149:25

25-year 153:11 177:8

27 186:7

290 183:5

294 81:18,19 183:3,5 184:3

3

3 26:24,25 97:5 110:8 125:20

 126:11

3/18 115:3

3/6/2019 125:11 140:4

30 44:16 45:13 46:2 47:21 50:25

 51:3,7 54:19 57:20 58:1,2 60:14

30-hour-a-week 50:3

300 179:3

31st 26:8,13 53:5 121:3 123:16

 139:2

355 183:5

4

4 33:4,5 78:15 97:5,8,16 125:20

 186:18

40 183:10,18

45 77:16 87:6 128:23 129:4

 159:2,22 184:1

·

Index: $25,000..45

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 200 of 225 PageID #:360
45-minute 129:14

45-minute-inability-to-sit

 129:23

4th 140:17

5

5 70:10,11,12,21,22 88:17 99:13

 125:20

55 45:8 183:4 184:2

578 61:24

587 78:17

589 62:18,19

5:02 194:24

6

6 71:9,10 91:8,10 94:24 104:8

 125:20 126:11

6/12 98:9

6/12/2018 91:13 127:12

6/18 111:1

6/18/18 101:21

6/6 71:22

6/6/2018 71:18

6/7 100:17 104:9

60458 15:16

6th 70:16 91:25 94:10 126:20

 127:18 143:19 189:8

7

7 17:17 99:19 101:6,7 110:2

 118:17 125:20 130:25

7/13/18 102:5

718 110:4

723 110:10

7998 15:16

7th 100:2,6,12

8

8 113:5,6 118:17 119:24 125:20

 138:21

84th 15:16

9

9 120:7,8 125:20 139:9

9/10/18 101:21

A

A-S-S 51:25

a.m. 4:5

abilities 188:20

ability 116:23 128:17

above-named 91:16

absence 94:13 95:7 101:15

 102:15 112:10,17 113:11,16

 114:8 117:17 119:22 170:21

 171:11

absolute 183:6

absolute- 83:22

absolutely 7:11 8:11 36:23

 50:8 87:1 108:14 112:24 133:3

 150:5 152:2 174:10 194:7

accepted 51:4 78:24 79:16

accident 106:13 122:6,10,14,

 20,21 144:5 178:18,21,25

 184:11

accommodate 31:19 65:7 70:3

 141:22 145:14 147:21 148:1

 150:21 155:4,12,17 156:5,19

 158:4 162:8 165:20 166:5

 168:22 192:9,12,19,25

accommodated 147:15 153:12

 155:23 159:9

accommodating 158:21,23

accommodation 69:14 75:5

 131:4,8 132:16 136:2,3,12,22

 147:14 164:14 165:4 166:22

 167:23 169:19 170:13 182:6

accommodations 28:14,23

 126:25 132:24 135:9 138:15

 170:15

accomplish 46:4 48:6

accomplished 47:20

account 17:1 47:8

accountable 41:4,10

accurate 26:6 31:1,8 32:15

 50:14 58:8 66:18 71:21,23 76:12

 77:1 120:25 127:5 140:4

achievable 44:19

act 29:5 141:10 142:6 157:1,4,6

 166:16,17 191:4 193:11,16

acted 162:14

action 16:25 17:3

actions 37:11 167:15

active 171:22,24 172:9 173:18

 174:17

actively 122:15

acts 144:24

actual 71:3

ADA 166:13,15,19 168:8,12

 169:13,23 170:9 175:24 176:7,

 25 191:14,19,24 192:4,10,13

add 155:7 170:6 182:12

addicted 65:16

additional 40:25 138:17

additionally 11:12

address 15:15,17

adjustments 7:6

admin 50:13,16,22

administration 47:5 120:10

 121:20,24 122:8

administrative 14:22 18:3,5

 122:1

administrator 30:10,17,21

 42:18 46:18 56:21 86:17 105:20

 148:7 164:22 173:10 174:2

administrators 86:22 169:15

admission 65:22 66:9

admissions 66:5,19 68:16

·

Index: 45-minute..admissions

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 201 of 225 PageID #:361
admit 65:2

ADONS 185:4

advantage 179:24

advised 34:10 91:16

afford 86:6 160:5

afternoon 93:14

agape 185:6

age 177:12,14

agency 14:22

agent 132:19

agree 11:10 24:7 25:7,15,19

 26:6,12 27:10,14,15,16,17,22

 28:1,5,9 29:4,7,16 53:17 83:19

 98:10 99:8 102:12,19,24 103:19

 111:14 112:1 114:7 115:11,14,

 23 117:3 118:13,16 119:3,6

 121:18 123:7 141:8 156:24

agreed 30:13 124:17 138:25

agreement 133:17

ahead 19:19 33:10 35:16 95:10

 98:23 115:8 138:5 146:12

 147:25 150:14 151:10 172:6

 193:6

ahold 85:14 180:22 185:22

Alan 42:3 62:21 63:16,20

alcohol 65:12

alcoholic 65:11,16 163:19

aliases 5:8,10

Allan 62:20

allegation 170:19

allegations 165:23 180:7 194:1

allege 141:18 186:1

alleged 191:5

alleging 156:24 162:6

allowed 135:11,14 148:3

 159:14

allowing 77:2

alternatively 9:9

American 191:4

Americans 141:9 142:5 156:25

 157:6 166:16,17 193:10,16

amount 86:1 110:11 123:5

 177:9

amounts 168:11 176:24

and/or 155:12

angry 37:21

animals 15:18

announce 55:20

announced 62:23

announcement 62:25

answering 11:10,17 167:18

 180:25

answers 9:5

antianxiety 179:12

anticipated 80:6 162:22

anybody's 133:20 194:16

anymore 43:15 58:22 59:4,6

 63:8 80:4 85:25 160:5 184:21

 190:15

anytime 89:5 106:2

apologies 110:6

apologize 22:4,8 49:12 52:24

 62:2 117:7 141:12 154:21

 171:16

apparently 184:16 188:10

appears 33:22 34:24 70:15

 119:25

application 121:25

applied 18:22 120:4 123:14

apply 45:17 121:16,18 124:1

 178:13

appointment 99:2

appointments 93:4

April 55:16

area 17:22 80:16 182:18 184:2

Argumentative 171:12

Arlington 43:18

arriving 161:9

ascertain 143:9

asks 111:6 116:25 180:5

asset 176:12

assignment 26:15 36:16 68:5

assistant 59:17 107:15 115:10

 173:8,15

assistants 110:17

assisting 59:15

associate 4:2

associate's 18:22,23

Associates 4:2

assume 13:20 71:24 84:6,7

 90:16

assumed 48:15

assuming 18:13 36:11

assumption 134:17 148:17

assurance 37:24

at-will 29:14,16

attempt 19:16 130:25 148:14

attend 18:11,16

attending 55:12 72:17 73:1

 96:9 179:10

attitude 63:18

attorney 14:5 25:16 126:10

attorney-client 13:5 15:3

audible 11:5,9

audio 7:16 9:5,8,15,18 10:10

August 26:18,22 122:13

author 120:19

authored 33:24 34:5

authority 36:12

authorized 139:20

automobile 122:10

Avenue 15:16

average 57:25

AVG 20:21

aware 101:14 113:16 128:16

 129:12,22 132:8 173:1

·

Index: admit..aware

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 202 of 225 PageID #:362
B

back 10:4 20:6 21:17 22:3,19

 47:24 49:4 52:8 55:12 56:4

 69:16 72:7,8 73:10 74:6,8,23,24

 82:16 83:3 88:17 96:15,24

 104:17 105:12 106:20,21 110:1

 112:23 122:14 135:1 136:25

 137:22 138:18,19 141:25 143:8,

 13 144:19 146:20 149:1,17

 163:3 179:19 186:17 187:25

 189:1,22 191:10

background 18:14,15 182:17

backs 184:2

bad 107:22 175:6,7

bankrupt 177:5

bankruptcy 17:10,12,18,25

base 19:8 32:8 183:20

based 28:11 84:9 90:13 115:16

 117:19 118:2,11 121:25 139:16

 143:18 144:25 145:9 146:8,13

 147:6,10 150:9 151:6 152:1,11

 153:3,8,18,25 154:3,25 156:3,18

 157:24 162:7 165:25 167:10

 173:14,21 177:14

basically 69:14 73:3 109:9

 184:20 188:9

basing 51:19

basis 28:2 56:12 100:1,4 139:24

Bate- 62:9

Bates 62:10,14,18 110:10

bedside 60:3

began 53:15 55:2

begging 86:24

begin 57:16 114:22

beginning 62:19 110:10,25

behalf 139:21 164:9

behavior 168:25

belief 57:10 64:11 84:9,23

 105:24 107:17 112:14 134:15

Bellocchio 184:5,6,7,8,19

 186:14,22 188:24

belonged 37:4

benefits 118:25 120:5,16

 121:15,18,21 123:13,15 124:19

 174:15 178:6

benign 73:17 78:3 86:14

Berwyn 18:12 77:15

big 104:13

bigger 114:24

bills 179:4,5

birth 5:5

bit 7:22 9:8,19 25:25 27:1 51:1

 68:1 110:6 132:21 136:10

 137:13 143:23 179:21

blah 130:19,20

blessed 106:16

blowing 51:25

board 183:17

bone 73:15 75:10 78:2 86:13

 142:1

boss 34:18 36:1 39:11,13 55:19

 59:18 63:1 87:23 90:11 109:4

 136:25 137:3 145:16,25 168:18

 180:23

bothering 10:16

bottom 58:10,13 62:20 97:18

 110:3,10

box 89:8

break 10:6 11:22,23 12:2 48:24

 96:18,21 137:10,17 138:13

 179:20 187:18

breakdown 111:17

bringing 139:25 141:8,16 194:2

broad 52:19 141:14

broadly 51:10

brought 65:12 70:9 102:18

 186:2 193:19

budget 86:4 134:2

budgetary 133:25 154:11

 161:14

building 30:4,13,17,21 36:6,22

 38:15 39:25 42:3,15 46:18 50:19

 55:21 65:6,23 81:5,7 85:17,25

 86:3,4 93:8 95:12 105:4,14,23

 106:15 124:7 130:5 134:4

 151:17 160:19,20 169:18 176:15

building's 44:11

buildings 36:21 43:19 45:20

 47:1 55:18 59:22 70:1 80:16

 82:17 108:18,23 133:7,14

 134:13,25 136:19 147:12 148:13

 149:2,7,8,21 151:15,20 154:8

 159:12 161:1 165:9 168:15,16

 169:15 171:19 177:6 188:23

bulging 142:2

bunch 20:8

bus 22:10

business 159:25

button 165:18

C

calendar 100:23 101:23

call 9:16 36:5 58:14 61:18

 66:16,22 84:2,16,25 85:10,12

 90:5 91:1 93:7 97:19 98:8,20

 100:17 104:1,15 108:2 140:12

 147:3 148:10,24 149:17 151:16

 152:23 158:15 164:13 165:2,7,

 12 168:14 171:9 181:1,2,12,13

 184:12

called 34:7 35:20 42:1 53:6,7

 54:6 62:9 77:11 83:13 84:16

 92:6,7,9,19,21,23 95:12 105:20

 108:7 109:4,5 124:6,11 126:8

 129:6,17 148:5 149:1 153:23

 174:13 176:15

calling 83:15 84:11 92:3,7

 129:23 149:22 180:24,25 181:14

calls 80:15 83:21 84:13 85:1

 87:19,20 90:2 91:3 109:15 142:9

 145:2 146:11 147:23 148:11,25

 150:12 151:8,14 155:14 156:8

 157:7 161:23 163:2 166:20

 168:1 169:15 180:13,21 190:17

 191:6 193:5,23

cancer 78:13

cancerous 86:14

capacity 107:14 111:1 118:20

 123:8 159:21 178:12

capped 57:25

·

Index: back..capped

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 203 of 225 PageID #:363
car 75:21,22 82:24 106:17

 122:6,20 136:14 144:5 146:25

 158:25 159:2 178:17,20,25

 189:19

cards 134:4

care 45:9 55:10 60:3 65:19

 68:11,12,13,14 158:11 165:3

 174:15 179:5 188:11

caring 68:19

Carol 89:9,12 104:12

Carrie 173:8,15

carry 50:23

case 5:25 6:16 25:15 62:11,12

 126:9 141:19 171:11 180:7

 192:8

cases 5:21 6:11

CAT 96:12

catastrophic 57:23

catch 190:6

caused 161:20 170:4

causing 112:4

Cavanaugh 58:11 92:2 97:18

 103:4 104:20 108:1 132:11

 136:24 145:15,20 153:5,8,17

 155:20 157:10,11 166:11 170:8

 176:20,23 177:20 182:5

center 31:20 38:9,12 58:21,22

 59:6 63:19,24

centers 60:2 148:5 149:23

CEO 33:25 58:11,12 78:5 92:1,

 21 177:3,4

CEO's 92:16

certainty 103:23

certificate 5:5

certifications 18:21

cervical 142:3

CEU 19:4,9,10

CEUS 18:25 19:5

chair 73:10

challenged 65:24

chance 22:6 93:8

change 24:10 30:1 122:4

 157:16

changed 29:25 31:19 43:22

 59:25 91:25 94:21 95:4,24

 127:17 171:25

changing 56:2

Chapter 17:17,18

charge 14:21 18:3 125:13

 137:12 139:17,25 172:19

charges 18:5

charging 125:8

checked 103:3 117:10

Chicago 17:24 92:4 108:4

 182:19,20,21

children 15:11

Christ 65:13

chronic 142:16

Cigar 30:9,15 34:17 42:13,17

 46:16 47:11 48:19 50:10,21 51:6

 53:13,15 55:2,3,6 57:17 58:7,23

 60:8 61:8 66:6 78:25 81:25

 87:23 107:9 132:12 136:25

 157:16 181:13 182:4 187:15

circumstance 36:19 173:1

circumstances 7:3 124:14

city 17:24 41:8

civil 16:1,6 178:24

claim 6:16 124:18 141:8,16

 142:6 144:24 145:9 146:7 147:5,

 9,20 148:21 149:7 150:8,18

 152:19 153:24 154:24 155:2,8,

 10 156:16 157:5 159:6 163:23

 165:24 166:3 167:13 168:7

 169:10,12 176:3,18 177:21

 191:3,13,18,22 192:3,7,18,24

 193:9,15

claiming 158:3 166:10,12

 170:19

claims 139:25 141:5 162:4

 167:11 175:23 180:7 182:9

 193:19,21 194:1

clarification 12:17,19 138:3,6

 194:10

clarified 49:18

clarify 13:13 16:16 54:10 67:4

 130:4 135:6

clarifying 52:8

classes 19:7

classified 29:16

cleaned 188:13

clear 8:1,13 141:15 150:5

click 194:21

clicked 20:23 139:17,20,21

client 162:6 191:23 192:18

 193:9

clinical 38:14 40:24

close 7:24 159:12 176:14

 179:10

closed 89:12

closer 87:5 147:8 183:25

CNAS 40:23 43:14 45:24

code 174:3

college 18:16,19

comfortable 81:4

comment 78:8 148:12 149:22

comments 85:13

Commission 80:23 82:15

communicate 154:6 174:2

communicated 152:24 180:6

 188:8

communicating 107:21 169:14

communication 13:5 154:5

communications 180:8

 181:22

commute 77:14 82:19 83:11

 86:25 129:5,16 135:15,22,23

 159:8 164:22 182:15,22

company 30:2 32:9 35:17 37:2

 39:9 43:22 56:10 58:12 59:16

 62:24 90:13 92:13,15,18 109:21,

 23 113:15 117:19,24 118:19

 140:13 149:25 150:1 159:6,8,18

 164:8 169:4 170:11 172:15

 177:3,5 182:9 186:7,15

compensating 14:24

·

Index: car..compensating

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 204 of 225 PageID #:364
competencied 45:25

competencies 40:24 41:5 44:4

 46:1

complaint 20:13 137:13 140:25

 156:24 162:13 191:5

complaints 18:6

complete 8:24 10:13,18 11:15

 50:24 56:5 60:13 102:13,16

 110:12

completed 36:16 45:13 50:3

 54:18

completeness 146:6

completing 119:1

compliance 42:13,15 46:20

 59:23

component 177:12

computer 7:24 69:23 74:7

 163:3

CON 42:13

concentrate 93:24

concern 91:15 134:24 135:15

concerned 37:19 40:21

concerns 63:16 82:24

conclude 37:10

concluded 194:24

conclusion 142:9 145:3 146:11

 147:24 150:13 151:9 155:14

 156:9 157:8 166:21 191:7 193:5,

 23

conclusions 39:14

condensed 194:19

condition 10:20 91:17 95:3

 111:23 115:17 119:17 122:5

 124:16 142:10,16,25

conduct 177:1

conducted 7:8

conference 6:25 42:22 43:3

 52:15 54:14 102:17

confident 13:3

Confidential 99:14

confirm 21:21

confuse 71:1

confused 27:21 119:21

confusing 13:9

CONS 169:15

considered 17:2 161:8 171:4

 172:9 188:15

consistent 152:15 172:17,18,

 21

constitutes 151:25

construction 183:7,8

consultant 30:7,8 38:14

consulting 73:18

contact 184:18 185:23

content 14:3,7

context 75:17 78:19 163:13

continue 49:10 73:14 97:2

 107:13 118:25 121:4 133:7

 147:13,17 148:3 150:3 160:15

 169:18 170:20 174:14,18

continued 71:20 124:20 171:10

continuing 19:9 179:13

continuous 94:12,13 95:6

 110:22

controlled 36:9 37:4 39:19,22

conver- 127:14

conversation 11:4 37:15 42:5

 43:4 46:14 47:11,14 51:21 52:14

 53:10,18 54:24 55:8,22 61:3,18

 63:3 66:11 82:23 83:8,20 84:17

 85:4,5 87:21 93:18 112:7 127:8,

 11 128:1,4,20 129:8,17 130:16

 146:13,22 152:13 160:18 181:10

 184:16 187:14

conversations 46:11 47:23

 50:15 138:5,15 181:22

convey 134:1

conveyed 64:8 152:16 153:7

convicted 17:8

copy 32:20 34:1 93:20

corporate 101:2 123:22 132:19

 176:11

corporation 144:23

corporations 157:3

correct 15:24 17:6 19:24 22:3

 24:15 29:10 50:1,5 52:16 53:5

 57:6 89:22 110:12 116:1 117:4

 122:13 123:4 137:9 140:2

 188:18

correctly 15:23 44:24 79:15

cost 58:21 59:5

could've 134:15

counsel 4:8,21 14:19 19:18

 49:8 84:19 138:4 165:15

Count 141:6 156:23 166:8 191:5

counted 39:23 101:23

couple 34:20 36:3 46:19 54:1

 55:10 65:3 105:4 178:1 187:18

 188:4

courses 18:24

court 5:1 7:2 11:3,4,7,12 17:4,5,

 6 19:18 71:1 141:1

courtesy 11:17

courtroom 6:23

coverage 32:14

covered 181:17

crazy 173:19

created 59:18

credence 87:12

credentials 18:15

crime 17:8

criminal 16:8,11,22,24,25 17:2

crossed 79:10,21

crying 86:24

curious 123:12 139:3

cursor 22:23 34:22 115:1

cut 10:10 66:13 74:19 94:18

 132:5 154:20 160:21,25

cuts 109:8,10,11 154:11 169:4

cutting 7:17 9:19 109:11

D

D'ANTONIO 66:1,16,22

·

Index: competencied..D'ANTONIO

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 205 of 225 PageID #:365
da 110:20

daily 143:12

damages 179:8

date 4:4 14:20 17:13 26:19 31:6,

 9 34:4,5,6,9,12 40:24 51:15

 52:23 56:9 57:3,6 88:1,2 99:21

 100:5 103:2,6 104:3 110:14

 111:2 113:19 114:13,22 115:3,

 20,25 116:18 121:8 139:4,5

 170:15 172:10 173:25 178:17

dated 70:16 71:8 91:13 94:23

 104:9 119:23 125:11 127:12

dates 52:24 54:22 97:13 101:20,

 23 111:1 113:23 116:25

day 10:17 30:24 39:21 41:12

 42:19 59:25 60:1 61:12 65:8,12,

 22 77:19 83:7 85:18,19 87:8

 93:11,13,22 97:23 100:22

 102:16 103:2 107:25 108:7

 109:5 129:5 130:15 150:5

 183:12

days 31:12,14,15,18 41:9,11

 95:1 107:8 108:9,10

deal 104:13

deals 42:6

Deb 92:6,9,16,20 93:10 95:11

 108:6 116:7 118:24 123:23

 124:12 127:9 128:1,4 132:17,23

 136:5,10 174:20 180:13,16,18,

 21

Debra 135:24 136:4

December 24:5 26:8,13 53:5

 55:6 121:3 123:16 139:2 174:14

December/november 31:3

decent 177:9

decided 126:9 143:15 161:13

decision 68:8 83:20 84:7,10,22,

 23 85:6,21 136:20 143:18

 154:11 161:3,9 173:5,13,20,22,

 24 174:8,11

decision-maker 173:4

decision-making 187:10

decisions 67:21 69:7,11 160:24

 172:24

declined 45:14

defendant 4:12,21,24 16:24

 27:10,23 28:5 29:4,7,21 33:23

 53:4 72:5 74:14 121:2 192:8,24

 194:2

defendant's 21:24 22:2 24:23,

 25 25:2,8 26:25 27:3 28:21 33:5

 70:11 91:10 97:10 101:7 113:6

 120:8 124:25 140:22 180:9

define 16:23

definition 27:20 167:1,11

definitive 115:25

degree 18:24 181:25

degrees 18:20,22

delay 9:12

dependent 183:11

depending 47:7

depends 60:4

deponent's 4:6

deposed 6:2

deposition 4:5 5:12,16,19,24

 6:12,15 7:7,10,13 11:20 12:7

 13:3 14:4,6,16 15:7 23:23 52:25

 64:7 67:4 103:11 127:16,25

 129:13 138:25 179:18 192:16

 193:8 194:24

depositions 7:4 15:20 16:4

description 59:20,21

designation 62:6 114:13

desk 89:4 95:1

despondent 93:23

destruction 39:23

details 175:18

determination 110:20

determine 39:5

determined 112:19 121:24

 127:4

diagnosis 112:6

dial-in 9:10,13

Diane 30:3,18,19 34:24 35:10

 36:3,11,17,21 37:9 38:6,8 40:3

 41:19 42:22 43:4,5,21 44:25

 46:13 48:15,18 50:24 52:12

 53:11,18 54:13,25 55:8,17

 58:14,17 59:2 60:10,18 61:4

 62:25 63:1,5,17 64:3,8,11,19

 66:1,4,16,21 67:6,7,11 68:4,7,24

 77:11 78:2,20 79:3,11,18 80:4,

 15,19 81:6,24 82:18,24 85:13

 86:17 87:21 89:20 90:13,17

 92:8,17 93:13 94:4 97:19

 102:17,18,20,24 104:1,15

 108:12 109:4 124:7 127:9 128:6,

 7 133:5 136:25 141:21 145:5,13,

 16,19 146:4,8 147:5 150:8,19

 151:1 153:21 154:9 155:2,16

 157:10,11,19 158:8,9 161:12

 162:11 163:9,10,23 165:24

 166:10,11,18 168:7 181:2 182:4

 184:13,18 185:11,21 186:22

 187:13

Diane's 67:21

differential 28:10

difficult 85:14

difficulties 8:15 142:14,25

difficulty 8:18 143:8

Digianfilippo 72:25 95:21

 99:25

direct 23:16 24:13 30:16 127:1

 157:17

directed 38:19

directing 81:24

director 30:19 36:1 37:1 45:6

 46:16 58:17 59:3,17,18 66:5

 85:23 123:23,24 124:7 154:10

 175:3 180:9

directors 62:22 149:11

Disabilities 141:10 142:5

 157:1,6 166:16,17 191:4 193:11,

 16

disability 28:2,11,16 116:25

 120:5,16 121:15,24 122:8 123:4

 126:12,22 128:16,17,21 129:1

 136:22 139:11,21 141:16,18,24

 142:4,13 144:11 145:1,10 146:9

 147:6,10,21 148:2 150:9,21

 151:7 152:1,11 153:3,9,18

 154:1,4,25 155:4,12,17 156:4,5,

 18,20 157:25 158:4,21,23 159:9

 162:7,8 165:25 166:5 177:7

 178:5,9 182:7 191:3,13,18

 192:13,19 193:1,15

·

Index: da..disability

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 206 of 225 PageID #:366
disabled 120:20 121:12,25

 122:9

disagree 15:5 117:3

disagreed 13:7 81:6

disagrees 12:21

discharge 39:22 172:25

discharged 39:19

discovery 27:4 33:23

discriminate 151:6 154:3

discriminated 146:8 147:5,10

 150:8 152:11 153:2,8,18,25

 154:24 156:3,17 157:24 162:6

 164:4 165:24

discrimination 14:22 28:2,10

 125:13 139:16,22 141:9,17

 144:25 145:9 152:1 165:19

 191:3,14,19

discuss 6:15 77:23 80:5 82:23

 107:24 131:3,7 132:23 136:9,11

 145:11

discussed 13:2,25 14:15 73:24

 74:2 85:11 90:7 91:21 129:3,14

 132:21 135:8 140:21 141:13

 143:22 146:5 150:19 155:8

 156:2,15 165:21 166:6 169:9

 181:9,22 191:17 192:1,22 193:8

 194:1

discussing 86:18,20 97:9

 191:13,22 192:7

discussion 9:25 11:13 14:2,8

 22:17 41:21 80:11 127:21 133:5

 160:13 161:4

discussions 14:3 48:19 132:15

 175:13 182:3

disk 142:2

dispute 28:13,20 31:7 56:12

 100:1 124:2,5 159:24 186:6,10

dissatisfied 64:20

distance 70:1 182:21

distraught 111:16 112:25

distress 179:8

District 141:1

diversion 80:21

diversions 39:25

Division 140:8 141:2

divisional 62:21

doc- 21:4

doctor 55:12 71:18,19 72:23

 73:1 76:21 88:25 95:19,25 99:7

 111:19 130:19 142:22 143:15,16

doctor's 70:15,16 71:8 77:24

 82:4 89:2,3,13,25 90:16 91:12,

 20 94:23 98:5,20 100:5,11

 103:14 110:17 111:24 115:9

 126:19,20 127:11,17,19,24,25

 143:19 189:18,22

doctors 44:17 71:20 72:19,20

 86:11 133:9

doctors' 75:13 189:23

document 11:5,8,13 20:7

 21:11,22 22:5,8,10,20 23:11,20

 24:3 25:11,14,21 26:4 28:25

 29:3 35:15 62:8 91:12 97:5

 101:10 111:21,22 112:2 113:7

 120:19 121:23 125:4 140:8,15

 141:3

documentation 6:3,4

documenting 11:4

documents 14:10,12 25:8,11

 26:3 62:1,7 105:25 110:7 129:21

 148:20 149:6 150:7,16,17 152:3

 156:15 165:23 166:3 168:6

 175:22 176:2

dollars 86:5 160:21 178:10

DON 58:17,20,24,25 59:9,21

 77:16 105:21 148:7 184:20

 186:23 188:12

Donna 184:5,19 186:2,6,14,22

 187:6 188:24 189:2,5

DONS 66:17 185:4

door 89:11 167:20

downtown 17:24

drank 65:11

drill 175:17

drive 76:10 77:18 86:25 105:11

 131:12 154:16 159:3 164:18,25

driving 22:10 70:1

drove 107:25

drug 80:21

drugs 65:16

Dub 180:17

due 8:17 67:21 91:17 95:3 96:15

 110:19 124:15 161:14

duly 4:15 24:2

Durham 92:6,9,16,20 93:10

 95:11 123:23 135:24 136:4

 174:20 180:13,16,21

Durham's 180:17

duties 80:17 190:11

dynamic 61:22

E

e-mail 33:25 34:1,5 35:13 36:7

 49:17 53:13 57:16 92:1,21

 97:16,23 98:5,13 103:3 104:18

 107:16 108:2 124:9 145:24

 173:10

e-mails 80:15 81:8 89:6 148:25

 167:18

ear 147:2

earlier 23:23 28:4 48:13 49:22

 50:14 52:9 55:4 64:7 67:1,3

 94:22 103:14 121:1 127:16,24

 128:9 129:12 130:1 138:25

 167:7,12 178:4 183:13 189:7

 192:16 193:8

earliest 98:9

early 72:12 103:18

earn 178:8

East 29:21 30:11 31:2 36:12

 40:6 41:21,25 42:10,11,23 43:4

 46:11,15,18,21,25 47:12 48:16

 50:11 51:3,7,13 52:13 54:2,8

 57:5,17 59:25 61:5 64:25 75:24

 78:21 80:22 81:15 82:16 85:23

 93:11 106:9 108:6 132:1 134:11

 148:4 149:12 154:15 175:4

Eastern 141:2

easy 106:20

educate 42:15

·

Index: disabled..educate

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 207 of 225 PageID #:367
educated 46:1

education 18:24 19:8,9 41:1

 80:7,12 172:16 185:2 187:2

educator 30:6,13 35:3 40:22

 42:10,21 43:25 44:7 45:12,18

 47:24 50:2,17 51:2,7,12 53:16

 54:7,17 55:3,5 57:17 58:6 59:7,

 12 60:7,12,16 61:5 78:24 79:3

 83:16 97:24 105:2 107:9 112:8,

 15 159:10,19 190:12

EEOC 124:18 125:16 126:1,8

 138:8 140:12

effective 53:5 122:9

effects 144:10

efficiency 23:4

efficient 94:6 132:4

efficiently 125:2

Elaina 149:12

eligible 174:4

eliminate 67:17 68:4 77:12

 79:4,19 84:24 85:22 86:2 92:13

 161:9,14 163:24

eliminated 34:11 35:1,11,18

 40:19 41:25 48:14 49:24 54:1,4,

 16 55:1 58:15 64:5 67:18 78:22

 79:11 80:14,24 83:8,17 84:3

 97:20,25 112:16 127:2 129:7,18

 137:2 139:6 162:12,18 164:3

 180:20 184:10 186:2,3,23 187:3,

 5

eliminating 30:5 34:8 40:8

 43:9,23 45:1 55:23 63:6 93:15

 104:16 181:3

elimination 112:8 159:25 161:5

 180:12

Elk 43:18 58:16 77:12,18 78:9

 81:20 86:9,16,22 93:16 106:7,

 18,22 129:5 135:20 149:3,8

 154:16 159:8 164:18 182:15

 188:6

elopement 65:17

EMG 96:13

emotional 49:11 111:22 113:2

 179:7

emotionally 111:15 112:24

employed 26:7,12 29:21

 123:15 139:5,8 178:12

employee 29:17 32:20 56:3

 75:16 92:14 108:5 110:21 114:3

 119:17 153:11 161:16 165:16

 170:17 172:8,9 173:18 174:17

 177:8

employee's 119:16,18

employees 28:22 44:3 65:10

 75:15 164:9 168:22 169:6

 170:12 171:2,4,21,22,23 172:21,

 25 173:5 174:23 177:10,13

employees' 171:8

employer 18:6

employment 17:14 26:16 27:8,

 11,12,18,23,24 28:6,7,21 29:10,

 13 42:8 53:4 55:6 69:8,11 75:12

 92:14 121:2 122:15 123:13

 131:18 138:23 140:7 144:9

 161:2 174:8,12 179:8 192:9,25

end 7:18 8:12,16 33:17 42:2

 61:3 73:16 88:6 101:25 107:7

 114:22 115:3,20 144:9 170:22

 172:10

ended 53:4 55:6 66:12 121:2

ending 110:25

engage 131:1 139:12 150:20

 155:3,11 156:4,18 158:4 166:4

 168:25 180:15 191:23 192:3

engaged 177:1

entire 45:21 73:5

entirety 23:8

entitled 14:1 35:6 93:5 95:16

 96:3 108:14 124:23 162:15

environment 111:20

equal 27:7,11,18,23 28:6,21

 140:7

equipment 65:7,19,25

ER 65:13

essential 126:23

essentially 59:10 186:2

estimate 98:12

estimated 110:25

Ethan 4:10 13:1,4 15:6 20:11

 23:3 48:25 56:16 71:2 91:8

 96:17 125:1 137:6,11 160:10,14

 177:24 187:17

evaluation 51:18,22

event 25:21

events 57:13

eventually 43:6 190:14

everything's 78:8 87:13

evidence 6:15 57:10 90:23

 100:13 105:25 129:21 134:14

 146:7 148:20 149:4,6,10 150:7,

 16,17 152:3,17,18,22 153:14

 156:15 166:2 168:6 175:22

 184:9 185:13 186:4 191:2,17

 192:2,17,23 193:14,21

exacerbate 142:20

exacerbated 142:19

exact 31:6,9 34:6 37:15 88:1,2

 104:3

EXAMINATION 4:18

examined 4:16

exceed 172:12

excellent 58:20,25 59:9

exceptional 177:9

exchanging 62:7

excruciating 131:10

exemplary 153:12

exhibit 24:20,23,24,25 26:24,25

 29:12 33:4,5,18,19 40:2 52:11

 53:11 58:13 63:24 70:10,11,21,

 22 75:2 78:15 88:17,20 91:7,8,

 10,13 97:8,9,10,16 99:13 101:6,

 7 103:5 110:2 113:5,6 117:6

 118:17 119:24 120:7,8 124:24,

 25 138:19 140:21,22,24 180:3

 186:18

exhibits 19:17 71:3 118:11

 119:1 194:22

exit 65:23

expand 19:8

expect 44:19 159:22

expectation 45:23 168:17

·

Index: educated..expectation

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 208 of 225 PageID #:368
expected 44:3 165:14

experience 142:14

experienced 76:23 77:2 94:24

experiencing 7:19 8:16 142:25

 143:8

expiration 172:1

explain 25:24

explained 50:23 62:2 77:11

 104:20 133:24

express 82:24

expressions 37:14

extended 126:15

extending 170:14

extension 164:4

extensive 122:11

extent 142:8 146:4,11 147:23

 150:10 151:8 155:13 156:8

 157:7 162:18 166:20

extreme 65:17

extremely 76:11

F

face 167:20

faces 20:8

facetious 86:23

facial 37:14

facilities 6:8 81:10,12,25

facility 29:22 36:12 40:6 59:13

 65:2 135:20 188:6

Facsimile 99:14

fact 34:17 69:13 87:24 104:10

 123:21 149:20 180:22

facts 6:15 91:2 103:23 146:6

 148:20 149:4,6,10 150:7,16,17

 152:3 156:15 165:23 166:2

 168:6 175:22 176:2 191:2,17

 192:2,17,23 193:14,20

failed 147:20 150:19 155:3,4,11,

 12,17 156:4,5,18,19 158:3,4

 162:7 166:3,5 191:23 192:3,8,

 12,18,24

failure 165:19

fair 13:23 57:5 172:17,18,20

familiar 18:14 32:1 101:11

 113:10 125:4 171:7

Family 29:5

farm 181:7

fault 154:20

fax 89:5 100:1,8 104:5

feasible 41:7 44:18

February 120:21 121:7,13

 122:1,4,9,21 123:8 178:14,17

 186:7

feedback 32:22

feel 50:3 63:6,10 64:15 81:3

 91:18 104:21,23,25 105:8

feeling 64:15

felt 36:8 38:25 64:16 68:20

 72:15 105:7 132:16 175:6

field 125:19 139:18,22

fields 139:16

fight 124:10

figure 47:9 54:12 94:7

file 17:12 32:20 104:13 108:5

 130:18 189:25

filed 4:22 6:17 17:10 18:3,5

 124:18 125:14 126:3 140:25

 179:1

files 90:12

filing 14:21 17:25

fill 101:22 110:16 127:10

filled 96:3,10 106:1 110:16,17

 116:3 118:23 126:7

films 73:20

finally 145:25 185:23

financial 68:17 134:24 169:4

find 92:9 153:10,13 155:21

 176:13 186:20

fine 48:11 49:1 88:4 94:1 96:19

 103:5 108:20 128:15 131:23

 133:1 137:19 163:4 179:19

finish 137:12

finished 187:20

fit 154:12 164:23

five-day-a-week 40:21

five-minute 96:18,21

flabbergasted 87:17 136:17

flare-ups 115:18

floor 132:22

Florida 26:14

flow 106:14

flowing 183:19

fluke 189:21

fly 81:19 183:10

FMLA 93:2,6 95:25 96:2,14

 101:24 108:12 114:7 118:11,18

 119:2,6,7,10,20 123:25 124:15

 127:20,22

focus 29:19

folks 64:8

follow 48:11 98:24 110:20

 117:20 135:1

follow-up 14:9 111:7

foremost 145:5

form 17:15 25:22 28:25 32:17,

 25 53:21 64:13 67:23 73:2 77:4,

 9 82:5 83:1 84:12 90:18 111:6

 113:10 114:13 118:10,21 119:9,

 21,22 142:11 150:22 152:6,21

 155:13 156:6 176:9 177:2

 182:13 186:13 189:15 190:6,18

 191:6 193:3,22

forms 116:4

found 25:17 37:3 53:7 78:1

 86:11 120:19 121:11 122:8

 124:8 133:9 137:1 148:5 189:22

foundation 32:25 56:13 77:9

 80:8 83:23 84:12 85:1 90:18

 98:15 152:7 160:2 186:13

 189:17 190:8,18 193:22

four-minute 187:17

frame 29:20 31:3 41:17 81:21,

 24 82:19 116:19 144:8

frank 34:23 35:9 64:3

·

Index: expected..frank

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 209 of 225 PageID #:369
free 91:18

freedom 135:11

frequency 115:18

Friday 85:17

friends 105:5 129:10 149:25

friendships 150:3

front 60:11 100:24 103:5

frontline 170:12

froze 20:15,19

frozen 21:9

frustrated 36:19 37:10 38:7

 68:7

frustration 36:17 161:20

functions 49:21 54:5,16 119:18

 126:24 190:13

furious 36:22,23

future 18:1

G

G-R-A-Y 5:7

gave 72:3 73:2 94:4 110:14

 189:23

generalized 23:5 101:9

Generally 31:12

gentleman 92:3 107:19 145:13

geographic 17:22

gist 40:15

give 9:6,7,16 31:9 45:17 48:3

 56:8 60:16 87:11 89:12,20,21,22

 93:7 105:21 115:20 132:22

 141:12 148:6 149:18 163:5

giving 78:14

glad 8:13

gladly 51:3

glued 38:24

good 4:20 42:20 52:23 87:8

 105:8 125:3 179:4,22 183:18,19

 187:22

Grace 4:1 194:20

graduate 18:8

Grange 81:18 183:4

Gray 4:7,14,20 5:12 6:14 8:22

 10:3 11:2,20 12:8 15:9 17:10

 18:9 19:15 21:21 22:4,19 23:19

 26:3,6 27:2,8 29:20 31:1,10

 33:3,17,24 47:3 49:4,15 53:1

 57:2 62:1 71:8,10 74:1 88:22,23

 94:7 96:24 120:4,23 125:5 130:4

 132:5 137:9,22 138:13 144:4,23

 159:5 162:1 171:14 178:4

 181:18 187:25 191:1 193:20,25

Gray000601 120:13

Gray00589 62:4

great 11:6 21:18

ground 11:1 181:17

Grove 43:18 58:16 77:12,18

 78:9 81:20 86:9,16,22 93:16

 106:7,18,23 129:5 135:20 149:3,

 8 154:16 159:8 164:18 182:15

 188:6

guarantee 117:12,17 118:3

 176:14

guess 5:18 8:14 23:9 27:21

 48:13 49:17 61:20 64:4 67:20

 75:6 76:19 79:16 84:18 98:11

 102:3 114:2 121:9 123:12

 134:16 135:18 152:8 159:5

 165:4 172:23 176:10 177:15

 181:16 183:20 185:20,25 191:8

guys 174:15

H

half 103:25 104:14 128:23

 159:3,23

Hamidani 96:7 98:7,24 104:2

Hamidani's 127:15

hand 60:17 89:10 105:21 148:6

handbook 27:3

handful 187:19

handing 37:7

handle 37:18

handled 22:16

hang 32:24 114:23

hanging 32:1

happen 45:15 122:21 143:11

 170:17

happened 7:21 30:9 53:12,19,

 20 55:8 112:13 124:13 128:5,8

 164:7 170:3 179:17 184:11

 189:21 190:11,12

happening 9:4 84:21 93:9

 122:24 143:14 154:17

happy 13:17 16:16 52:3 112:2

 179:20

hard 114:23 116:15

Hash 42:3 62:21

HCR 4:24 17:14 26:7,12 117:15

 118:13 119:4 123:15,23 144:25

 145:8 155:10 157:4 178:12

 179:9 192:3

head 11:8 88:13

healed 122:12

health 119:16 174:15

hear 8:1,3,17 12:8 14:2,7 19:20

 20:17,18 26:9,10 32:3 74:18

 78:7 87:12 144:6 147:7 163:5

 184:17

heard 12:13 26:9 34:24 35:10

 64:3 66:21 78:20 151:19

hearing 12:16 124:12,20

heart 64:16

heartbeat 176:16

Heights 43:18

held 4:5 9:25 22:17 36:20 41:4,9

 42:6 43:24

helped 67:4 147:13 159:13

 188:23

helpful 9:10 52:7

helping 40:7 42:11 46:19 59:10,

 13 189:5

herniated 142:2

high 18:8,12

Hinsdale 30:21 35:21 36:6,15

 38:16 39:2,5,6 46:17 56:21

 64:21,22 67:7,8,12,19 68:5

 161:21 163:15 167:24

·

Index: free..Hinsdale

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 210 of 225 PageID #:370
Hinsdale's 39:2

hire 133:17,19

hired 60:9 178:13 186:6,15,22

 187:6 189:2

history 115:17 117:19

hit 179:2

hold 65:21 66:3 111:16 172:4

 194:24

holding 35:13

Holland 46:23 106:10 108:16,

 18 133:16 134:3

home 43:20 94:1 101:4 122:16

homestretch 177:25

Homewood 46:23 81:16 106:10

 108:17 134:8

honest 41:6

honestly 79:21 132:9

honesty 136:7

hope 18:2 78:7 132:13

hoping 107:15

horrid 182:24

hospital 47:5 65:9

hospitals 6:9

hour 98:18 128:23 159:2,22

hourly 56:3

hours 31:11,21 41:12 44:16

 45:13 46:2 47:21 50:25 51:3,7

 54:19 57:20 58:1,2 60:14 111:10

 133:21

HR 101:2 174:3 176:11

HRD 92:7

HRDS 168:21

HRS 168:20

human 123:22 124:6 175:2,3

hundreds 171:1,7 174:22

hurting 82:13

husband 15:18

I

idea 103:11 116:5,11 121:7

 143:24 169:3

identify 4:8 139:24 180:5

identifying 142:4

II 156:23 166:8

illegal 37:5

Illinois 15:14,16 19:5 141:2

imagination 11:21

immediately 42:7 87:18

impact 128:17

impacted 143:9,25

impairment 143:24

importance 25:10

important 25:14 65:18 68:18

 76:2 164:12 175:17 176:12

impossibility 44:11

impossible 44:21 60:14 131:12

inability 128:22 129:3,16 144:1,

 11,14 146:16 159:7

inaccurate 127:13

inappropriate 68:22

inaudible 7:15 8:25 11:8

incapacitated 110:22

incapacity 115:19

incident 179:16

include 40:22

includes 172:21

including 38:14 45:21

income 178:6

Indiana 4:3 182:18

Indianapolis 4:3

individual 145:11 155:16

individuals 138:14 144:24

 156:2,17 157:4

industry 67:5

influence 8:22 10:12

inform 84:2 91:19 129:6

information 9:21 66:2,8,18,20

 91:18 109:3 121:20 125:23

 149:15 173:23 176:2

informed 49:20 54:15 129:6

 168:14

initial 102:8

initialed 102:5,6,7

initials 101:18,19

initiating 18:4

injections 72:24

injury 141:25

insane 87:1

insignificant 63:6

instance 39:5 40:14

instances 64:24 170:10

instructs 12:10,24 13:12 130:6

 160:15

insurance 174:18 179:4

insured 179:2

intended 11:20

interactive 131:1 139:13

 150:20 155:3,11 156:4,19 158:5

 165:20 166:4 180:15 191:23

 192:3

interested 15:6 46:5 55:25

interject 9:3

interrogatories 14:11 21:25

 22:3

interrogatory 23:22 24:7,11

 122:5,24 138:16 180:3 181:23

intersection 81:17

interstate 77:21 106:16,19

 128:24

intervals 71:11 126:14

intervened 164:9

intimately 171:7

intimidated 38:25 68:10 69:4

 81:3 104:24

investigation 35:21,25 36:24,

 25 63:19,24 64:12,21 67:19

·

Index: Hinsdale's..investigation

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 211 of 225 PageID #:371
 80:22 161:21 163:15 167:24

involved 160:24 161:3 172:24

 174:5 175:12 178:20 187:9

Irrespective 129:20

issue 63:25 68:6 74:9,14 75:25

 77:13 79:25 80:1,2 83:11 129:23

 141:18 158:7,9 163:18 182:16

 188:14 189:1

issued 140:6

issues 10:4 57:23 69:17 72:8

 73:5 74:22 75:8 76:13,23 77:2

 82:19 93:1 113:1 146:19 174:19

 191:10

items 23:15

J

Jackie 59:2 85:23

January 139:2 144:10

Jeff 92:3,19,21 93:25 95:11

 101:2 107:19,20,24 108:3

 118:24 123:21 124:11 127:9,21

 132:17,21,23 133:13 135:9

 136:4 145:13,19 150:24 151:2,6,

 23 152:4,10,12,13 153:2 155:20

 157:10,11 166:11 169:12,22

 170:4,6 176:6,17 182:4

job 11:6 29:24 34:25 35:11,12,

 17 39:4,8 46:6 48:4 53:24,25

 58:15 59:20,21 63:21 64:4 69:22

 78:21,22 79:13,17 83:8 85:24

 97:20 126:24 135:10 137:2

 154:14 166:23 179:17 186:23

 190:11

jobs 35:17 45:9 56:20 135:14

 178:13 187:6

Joint 80:23 82:15

joke 39:1

Jones 102:6 124:6 129:9 174:13

 175:1,2

Jones's 102:11

Juan 65:20 66:3,18

judge 13:10

judicial 140:25

July 120:6 121:17 122:25

jumped 105:22

June 34:16 55:15 70:16 71:9,10

 88:7,9,11 90:1 91:25 94:10,24

 99:7,9,19 100:2,6,12 101:14

 102:11,12,21 103:1,17,19 114:8,

 12 117:1 118:15 126:11,20,25

 127:5 128:5,11 138:22 139:4

 143:19 189:8

Junior 18:12

jurisdiction 17:21

Justice 15:14,16

K

Kelly 30:9,15 34:17 42:13,17,18

 43:21 46:10,14,16 47:22 48:19

 50:10,15,21,22 51:2,6 53:13,15

 57:16 58:7,23 60:9,11,12,15,24

 61:1,8 66:6,10 78:25 79:8,13,24

 80:2,3,5,14,20 81:2,24 87:22

 88:7 90:11,12 92:8 107:9,13

 124:9 132:11 136:25 157:16,20,

 24 158:3,7 180:23 181:13 182:4

 184:12,13 185:1,6,23,24 187:15

Kelly's 50:17 51:12

kidding 78:12

kind 7:16,24 8:13 9:18 19:25

 33:7 41:10 47:6 49:15 55:24

 57:15 59:15 61:21 67:4 72:15

 73:24 97:11,14 131:11 137:12,

 17 165:13,17 177:17 180:1

kinds 167:20

knew 34:25 35:11 38:18,22,24

 46:12 47:16 48:1,12,13,17 56:4

 64:4 67:17 68:20 76:2 78:21

 79:12 89:24 90:24 91:5 107:20

 128:16 130:12 135:16 136:18

 137:2 139:8 146:18 149:20

 158:6 175:7 188:22 191:9

know 5:1 7:11,20 8:9,12,15,18

 11:23 13:15 14:20,23 16:14

 19:11 22:7,12,25 23:4,8,10,20,

 22 26:1,18 28:17 31:6 33:9 34:7,

 9,15,17 36:8 37:12,13,20 38:22

 39:1 44:2,3,8,23 45:8,19 46:2,4,

 9,25 47:22 48:3 51:14,16 52:21,

 22,23 54:17,21 55:17,23 56:8,

 18,20 57:3,6,10,22 60:2,5,25

 61:21 62:14,25 64:16 67:6 68:2,

 16 69:19,22 70:2 72:4,12,14,16,

 22 73:2,8,17 74:4,22,24 75:10,

 13,15,24 76:1,6,23 77:19,22

 78:2,10,11,13 79:1,6,21,22

 80:20 81:2,3,14 82:9,11 83:4,6

 84:5,20 85:3,5,7,15,17,21 86:1,

 13,23,24 87:2,12,13,14,15,24,25

 88:12,13 89:3,18,24 90:4,11,20,

 21,22 91:5,6 92:23,25 93:6,8

 94:21,25 95:4,18 96:5,11 97:12

 98:17 99:4 100:10 101:25 103:3,

 8,9,10,12,23 104:10,11 105:14,

 15 106:2,4,12,17,22 108:5,7,10,

 23,25 109:1,3,6,7,24 111:5,6,21

 112:5,20,22,25 113:13,22,24

 115:8,10,18 116:16,18 117:5

 122:3 123:20 124:11,12 125:6

 126:7 128:14 129:9 130:12,13,

 15,16,19 131:15,16 132:7 133:5,

 10,13,19,20,23 134:9,21 136:13,

 15,18 137:4,13,16 138:4 140:9,

 14,18 143:6,11,13,22,23 144:8,

 14,16 145:14,22,23 146:3,20

 148:10 149:10 150:25 151:12,

 15,16,17,19,21 152:25 153:6

 154:12,14 155:24 157:17,21

 162:15,19,22,24 163:21 164:2,6,

 11,21 165:8 167:4,7 168:3,5,13

 171:6 172:7,8,16 173:10,16

 174:13 175:6,8,10 177:16,25

 179:24 181:5 182:1,2,16,20

 183:18,21 184:14,24 185:2,3,19

 186:15 187:13,14 189:3,6

 190:11,14,19 192:6 193:18,24

 194:4

knowing 130:14

knowledge 19:8 27:5 53:1 89:2

 90:13 92:10,11,16 103:12

 115:17 161:8 171:16 174:7,10

 181:4

Kris 37:3

L

L-I-S-A 5:5

L-I-Z-A 5:6

La 81:18 183:4

labeled 71:3

Lacks 83:23

lastly 176:20

late 103:19

·

Index: involved..late

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 212 of 225 PageID #:372
law 17:4,6 93:5

Lawn 29:21 30:11 31:2 36:12

 40:6 41:21,25 42:10,11,23 43:3

 46:11,15,18,21,22,25 47:12

 48:16 50:11 51:3,7,13 52:13

 54:2,7 57:4,17 59:25 61:5,6

 64:25 75:24 78:21 80:22 81:15

 82:16 85:23 93:11 106:9 108:6

 132:1 134:10,11 148:4 154:15

 175:4

laws 39:9

lawsuit 4:22 6:16 15:25 18:4

 141:2 178:25 179:1 193:19

 194:3

lawsuits 6:1,7 15:22

lawyer 12:8,9 14:1,25 27:4 62:1

 120:12 130:4 179:24

lawyers 62:6

laying 147:1

learned 38:2 97:23

leave 17:5 29:5,8 75:14 81:7

 91:17 94:13 95:3,6,14 101:15

 102:2,15 110:3,11 112:9,17

 113:11,12,16 114:8,9 115:12,24

 116:3,11 117:9,10,16,17,18,22,

 25 118:3,12,18,23 119:2,3,6,11,

 20,22 121:5 127:6,20 164:1

 170:21 171:10 172:13 182:5

 184:14 185:9 190:13

leaving 59:21 62:23 63:1 159:9

led 37:10

left 54:1 62:12 151:17

leg 73:7 144:16

legal 5:4 141:5 142:9 145:2

 146:11 147:24 150:12 151:9

 155:14 156:9 157:8 166:21

 167:1 191:6 193:5,23

length 76:6 141:20

lesion 110:19

Leslie 30:4,21 36:1,4,5 37:18

 38:9 63:1 86:24

Leslie's 34:25 35:10 64:4

letter 33:22,24 48:13 49:17 50:9

 57:15 61:20 67:16 70:8 78:4

 82:22 85:10 92:20 97:16 104:17

 107:7 124:4 130:17 132:10

 136:24 153:7 163:13,14 186:18

letting 36:8 76:24 93:6 160:14

 173:16

liaison 43:12,13 65:20

liaisons 65:9 66:2,8

license 32:2,13,20,24 56:21

licensure 19:6

life 72:8 142:17 143:10,25

light 138:17

limitations 28:15,24 82:23

 147:16 153:13 154:14 155:23

limited 82:1,2

lines 97:15

link 194:21

list 45:22 48:5 184:25

listen 56:25

litigation 178:20

live 6:22 15:14 184:2

lived 77:15 81:17 87:5 182:20

 183:9,23,25

Liza 4:7,14 5:6,10 7:20 9:14

 20:14 22:9 23:14 30:23 52:1

 56:24 61:11 71:9 80:21 85:13

 88:21,22,23 94:15,17 95:13

 105:21 114:1 165:11 175:10

 190:23

located 106:15

location 35:21 86:18,21 128:24

 131:21 163:16

locations 107:18

logical 11:24

long 41:24 51:10,12 71:11 79:22

 80:6 87:4 98:12,17 126:14

 135:17 158:12 164:22 173:9

 181:20

long-term 161:15

longer 31:16 37:2 40:9,16,17

 43:15 51:17 62:8 66:7,23 69:19

 71:13 73:7 92:15 123:5 131:9

 139:8 144:14 146:16,25 162:22

longest 169:7

looked 60:24 65:4 148:24

Lori 70:14

Lori's 99:24

lost 141:12

lot 7:4 148:12,15 161:16 165:22

 168:20 181:17

love 105:15

lower 122:13 146:20

Loyola 182:19

LPNS 45:25

Lube 30:3,18,19 31:1 34:24

 35:10 36:11,18,22 37:9 38:8

 39:14 40:3 41:19 44:25 47:10

 48:18 49:19 52:12 53:11,18

 54:13,25 55:8,17 56:11 57:4

 58:14 60:10 61:18 63:17 64:3

 66:4,22 67:6,8 68:4,7,24 78:20

 79:3,11,18 80:4 81:24 84:9

 89:20 92:17 97:19 98:8 100:17

 102:17,20,25 103:15,16 104:1,

 15 124:8 127:12 128:1,4,6,7

 131:5,24 133:5 141:21 145:5,13,

 19 146:4,8 147:5,9,20 148:21

 149:19 150:8,19 151:1 152:15

 154:10 155:2,16 157:10,11,19

 158:8,10 161:12 162:11 163:9,

 10,23 165:24 166:10,11,18

 167:13 168:7,24 180:10 181:2

 182:4 184:13,18 187:13

Lube's 36:17 38:6 43:21 109:4

 136:25 145:16,25 153:21

lumbar 142:2

lying 161:12

Lyrica 76:9

M

machine 89:5,6

mad 37:21

made 7:6 62:25 63:5 66:15,16,

 23 78:4 83:20 84:7,10,24 85:6,

 13,21 86:4 87:18 93:19 105:8

 148:25 150:4 151:14 160:20

 161:13,16 169:5,15 173:22

 177:9 185:23

mail 124:4

maintain 27:20 28:23

·

Index: law..maintain

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 213 of 225 PageID #:373
maintained 27:10,14,18

make 9:20 11:1 16:20 19:23

 24:21 35:8 43:2 45:24 55:19

 68:8 73:23 76:1 79:14 86:1,25

 96:2 104:4 105:11 114:24 116:9

 129:5 131:11 136:20 139:15

 141:14 144:3 148:14 154:11,16

 159:7,16 160:19 172:2 175:17

makes 9:14 119:17 137:16

 157:19 160:22

making 40:23 42:3 78:18 109:8,

 10,11 169:4,6 171:9 173:4

malignant 73:17 78:3

malpractice 6:7

manager 30:8

manifest 142:10

Manorcare 4:23 26:14 39:3,7

 65:10,21 67:9,22 100:12 116:1

 117:15 118:13 119:4 122:19

marathon 11:21

March 140:17

marching 57:15

marital 15:9

marked 24:20,23,25 26:24,25

 27:7 33:3,5 61:24 70:10,11

 91:10 97:10 101:5,7 110:4,23

 113:4,5,6 119:15 120:7,8 124:25

 140:21,22,23

married 15:10

mass 95:22 112:6,19

master 171:18 173:7,15

matter 12:16 16:1,6,9,12,22,25

 119:11 123:21 149:20 158:13

 168:4 177:7 178:25 183:16

 192:24 194:20

Meadow 77:16

Meadows 87:7 183:23 184:1

means 32:6,7,8,12,13 100:10

 136:21 166:25 167:2,4

meant 35:17 78:6 87:11 135:6

measure 19:12

mechanism 28:22

medical 6:6 10:20 29:5 30:8

 43:12 47:2 64:25 65:4 66:24

 68:6 83:6 91:16,17 95:2,3,14

 115:16,17 170:15 172:12,13

 179:4,5

medically 111:10

medication 8:23 10:12 37:1

 76:8,9 179:12

meet 14:15

meeting 37:24 44:25 47:10

 48:18 49:19 54:12,14 60:10

 100:16 102:19,24 103:2,15,16

 104:6 164:24

meetings 86:20

members 37:23 38:3

memorializing 75:2 94:22

mental 28:24 96:16

mention 46:12 184:5

mentioned 23:22 28:5 64:6

 74:21 122:24 136:1,3 138:2

 145:19 148:13 150:23 152:12

 153:5,20 163:10,16 183:13

message 168:3

met 68:9 73:4 94:4 108:6 150:5

microphone 7:25 147:8

middle 52:22 172:5

midst 134:6

mileage 77:13

miles 87:5 183:25

million 86:4 160:21

mind 38:6 47:25 56:4 61:22 68:8

 74:9 79:10,22 84:21 100:21

 107:22 122:7 157:19 163:22

 168:24

mine 101:22 110:5 147:16

Mine's 113:25

minimum 183:18

minute 48:22 163:5

minutes 10:25 15:19 66:1 69:19

 71:12,13 73:8 74:8,24 75:23

 76:14,25 77:3,16 81:14,16 82:1

 87:6 106:10 109:2 128:23 129:4

 131:10 134:10,11,12 143:20

 144:2,12,15 146:16,25 159:2,22

 183:10,18 184:1,3 189:9

Mischaracterizes 67:24

mishandling 36:9

mispronounced 88:24

misstates 35:14 48:20 76:15

 91:2 118:7 155:18

mistake 78:4 161:13

mistruths 66:19

misunderstanding 123:1

MO 79:23

mobile 184:19 186:22

Monday 94:3

money 86:1 133:22 160:19

 161:16 169:7 177:10

month 34:15 122:2 178:8

monthly 178:5

months 54:1 71:19 143:7,12

morning 4:20 92:22 184:4

Morton 18:12,19

motivated 68:3 162:15

motivation 177:14

mouth 185:5

move 15:5 26:2 61:15 69:20

 77:22 106:17 125:1 133:2 138:6

 146:17 158:12 164:16 180:1

moved 21:13

movement 22:22

moving 21:9

MRI 70:19 72:6 73:3 86:12 96:13

 98:25

multiple 18:24 72:19 73:5 75:13

 86:11

multitude 43:14

mute 9:15

N

nail 54:22 97:14

named 156:22

names 24:12

·

Index: maintained..names

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 214 of 225 PageID #:374
naming 44:12

Naperville 133:14

narcotics 39:18 63:25

Nasreen 96:7

nature 5:25 6:6 141:17,23

necessarily 69:1

necessity 172:14

neck 122:11

needed 37:8 40:11,16,17 42:14

 43:15 56:5 59:23 69:18 74:22

 81:5 82:11 89:16 102:1 110:11

 119:7 134:16 135:12 142:22

 148:5,8 152:23 154:7 159:15

 168:15 169:17,19 170:13,14

 173:16 189:9 190:1

negative 167:5,9

nerve 72:15 76:4 144:18

nerves 73:13

nervous 111:17

neurosurgeon 72:25

Nevermind 115:7

nightmare 183:6

nods 11:8

Noelle 110:13 115:9

Non-fmla 113:11 119:22

non-work-related 119:16

nonetheless 12:22 13:11 61:7

north 43:17 86:22 149:3 183:1

northbound 77:19

Northern 141:1

note 6:5 70:4,15,16 71:8,9,22

 72:4 74:14 75:7 76:20,21 77:24

 82:4 88:21,25 89:25 90:16,24

 91:12,20 94:10,23 95:25 98:5

 100:5,12 103:15 104:8 126:13,

 19,20 127:11,15,17,19,24,25

 143:19 189:8,18,22

noted 115:12

notes 75:13 111:25 187:18

 189:24

notice 71:16 89:15 140:6,20

notified 126:12

noting 126:13

November 41:16,18 186:8

number 9:16 19:14 60:18,19

 68:16 111:10 171:25

numbered 70:25

numbers 68:15

nurse 19:2 26:15 30:2,6,12

 31:17 32:2 35:3 40:7,22 42:9,10,

 12,21 43:10,25 44:7,20 45:2,5,

 18 47:1,17,24 49:20 50:2,17

 51:2,6,12 53:16 54:5,7,15,25

 55:3,5 57:17 58:6 59:7,12 60:7,

 12,16 61:4 78:24 79:3 80:6,12,

 14 83:16 97:24 105:2 112:8,15

 159:19 186:23 190:12

nurses 39:23 40:23 43:13 45:7,

 8

nurses' 69:24 74:4

nursing 18:23 37:2 45:6 46:17

 58:18 59:3,17,18 85:23 149:11

 159:10 187:2

O

Oak 29:21 30:11 31:2 36:12 40:6

 41:21,25 42:10,11,23 43:3

 46:11,15,18,21,22,25 47:12

 48:15 50:11 51:3,7,13 52:13

 54:2,7 57:4,17 59:25 61:5,6

 64:24 75:23 78:21 80:22 81:15

 82:15 85:22 93:11 106:9 108:6

 132:1 134:10,11 148:4 154:14

 175:3

oath 6:18 12:3 49:6 96:25

 137:23 188:2

object 12:8 13:4,9 15:2 17:15

 25:22 28:25 35:14 53:21 82:5

 118:21 119:9 142:8,11 147:23

 150:10,22 152:21 155:13 156:6

 157:7 160:2 182:13 191:6

 193:22

objection 12:20 32:17,25 48:20

 56:13 64:13 67:23 76:15 77:4,9

 80:8 83:1,21 84:12 85:1 90:2,18

 91:2 98:15 100:19 109:15 118:5

 126:4 129:25 134:18 145:2

 146:10 148:23 151:8 152:6

 155:18 160:8 161:22 163:1

 164:5 166:20 168:1 171:12

 176:9 177:2 186:11 189:15

 190:6,17 193:3

objections 84:19 156:21

 191:20 192:5 193:17

objects 12:14

obligated 12:4 137:24 159:19

 188:2

obtain 18:20

occasions 57:22 65:3

occur 39:25 87:21 103:18

occurred 57:14 98:9 100:17

 102:20,25 103:17 104:6,8 139:1

 167:7 177:17 187:14

occurrence 143:7

October 114:9 116:3 119:24

 120:2

offer 45:12 93:2 108:12 138:2,6

 185:24

offered 51:2,6 77:12 95:14,17

 108:11 123:25 186:24 188:5

offering 78:9

office 89:2,3,13 98:20 123:20

 167:19 184:12

oftentimes 68:15

Ohm 36:1,5

Ohm's 30:4,22 36:4

older 143:13 169:6 177:10,13,

 17

oldest 169:6

OLE 50:10,16,22 53:14 58:20

 107:8

on-ramp 184:3

one's 32:2

one-page 91:11

online 19:7

open 40:20 43:16 86:8,15

opened 93:16 135:4

operations 30:20 36:2 154:10

opinion 127:13 148:2

opportunities 107:18 131:19

·

Index: naming..opportunities

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 215 of 225 PageID #:375
 135:2 148:22 152:14

opportunity 27:8,11,19,23

 28:6,21 33:16,19 105:22 140:7

 149:18 162:2

option 9:10 45:14 108:19

orally 180:6

order 70:24 110:7

ordered 99:1

ordering 194:17

orders 194:16

ordinarily 6:25

originally 182:18

osteopathic 72:10

outspoken 67:21 68:12

outspokenness 69:5

overlap 147:18 156:1

overnight 78:10

P

p.m. 100:9 194:24

Pa- 82:15

pack 117:23 171:5,20

paid 101:1 124:17

pain 55:11 72:7,23 73:6,7 76:6,8

 112:4 130:19 131:10 135:16

 142:21 143:16 146:15 189:12

Palos 80:21 81:13,15 82:9

 134:12 149:12

Paloses 46:22 106:9 132:1

pandemic 7:4

paper 93:15 94:4 110:15 138:8

 150:6

papers 75:14

paperwork 95:23 96:3,10

 102:13,16 121:11 127:6,10

paragraph 126:11 130:25

 138:21 139:9

paragraphs 125:20,21

part 19:6 26:9,10 31:25 46:24

 54:11 64:16 67:18 69:7,11 88:9

 105:7 109:13,17 162:11 170:19

 171:17 177:4

participated 5:24 15:20 16:5

particulars 125:19 188:7

partners 73:19

party 6:10,11 15:22 16:1,8,24

 125:8 178:24

passed 46:1

past 167:19 169:1 170:1,3,15

patience 181:18

patient 65:5,8,11,19 66:12,15

 68:11,12,18 91:16 110:18

 163:19

patient's 6:5 163:18

patients 6:2 37:5,8 39:19 65:1,5

 68:11 163:20

pause 9:6

pay 94:1 101:4 108:9 124:3

paying 179:6

payments 123:4

payroll 133:19,20 171:2 174:2,3

PDF 71:3 194:19

penality 24:8

penalties 6:21 7:9

penalty 10:7

pending 117:16 190:24

people 24:14 38:1 59:10 68:9

 105:4 117:22 136:23 147:15

 149:23 150:4 153:12 172:11

 173:16,25 177:17 191:9

people's 89:8

Perfect 12:20 21:19

perform 41:3 119:17 126:23

 128:17 166:23

performed 60:8 190:15

period 59:15 110:22 143:1

 158:12

periods 126:15

perjury 6:22 7:9 10:7 24:8

permanent 134:23 135:5

permission 92:16 189:14

permitted 61:7 77:7

person 7:10 126:1 140:12 174:3

 176:11 178:22 179:2

personal 29:8 53:1 63:7 102:2

 103:12 113:12 114:9 115:12,24

 116:2,11 117:9,10,16,17,22,25

 118:3,12,18,23 119:3,10,20

 161:8 171:15 174:7,10

personnel 160:24 176:11

 189:24

persons 4:9 180:5

Peter 4:11,21 21:8 25:24 70:21

 76:17 112:11 130:10 147:7

 165:10 170:25 182:14

Peter's 22:9

pharmacy 30:7 37:7 43:13

phenomenal 85:24

phone 9:13,16 34:7 46:10 54:7

 63:2 66:4,22 83:7,13 84:2,10

 87:18 92:8,19 98:1 140:12

 148:11,24,25 164:13 180:13

 181:1,2

phone's 192:14

phrase 32:1 191:12

phrased 13:8 151:1

phrasing 79:14

physical 28:24 44:17 55:15

 72:22 83:5 113:1 124:16 154:13

physically 100:22 146:14

physician 126:13 179:10

physician's 55:10

physicians 55:12

picking 84:10

piece 93:14 94:4 165:20

piecemeal 66:13

pinched 72:15

pints 65:12

place 27:24 28:6 29:5,8 34:25

 35:11 54:13 59:3 64:4 141:12

places 165:7

·

Index: opportunity..places

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 216 of 225 PageID #:376
plaintiff 4:10 180:20

Plaintiff's 21:24 25:2

plan 105:7 130:20

planning 17:25

played 69:7,10

plethora 47:19

plug 163:3

point 11:24 18:1 36:2 43:17

 46:7,13 69:20 72:21 78:25 89:20

 90:15 93:12 103:6 105:1 111:15

 112:21 120:4 151:22 185:18,20

points 12:7

policies 27:2,6 39:9 67:22

policy 27:11,14,18,19,24 28:1,6,

 9,12,13,17,21 29:5,8 38:17

 90:13 92:13,18 109:20 117:16,

 20,21,24 118:2 179:4

pool 45:7

poorly 54:11

pop 53:1

portion 110:16,18

position 30:4,5,13 32:14 34:8,

 10 35:4 36:4,20 40:8,18,20,22

 41:25 42:6,9,10 43:9,16,23 44:1

 45:1,12,18 46:5 47:17 48:12,14

 49:20 50:2 51:2,7,16 54:2,3,4,8,

 9,17 55:1,20,23,24 58:22 59:5,

 19,22 60:13,22 61:8 63:3,7 64:9

 67:17 68:4 77:12 78:9,24 79:4,

 10,19 80:7,13,24 83:16 84:3,24

 85:22 86:2,8,15 92:12,14 93:15,

 16 97:24 104:16 109:6 112:8,16

 119:18 127:1,3 128:18 129:7,18

 139:6 159:1,10 160:1,22 161:4,

 10,14 162:12,19 163:24 164:3

 180:12,19 181:3 183:16 184:10,

 20 185:12,22 186:1,3,24 187:3,5

 188:5,7

positions 35:6 40:19 45:6

 64:10

possibly 50:23

potential 50:2

practice 7:21

preceding 30:20 88:12 128:9

precepting 185:3

preceptor 30:7 43:13

predict 116:13,22

predicted 116:20

preferred 31:22

preparation 23:6

prepare 13:3 14:4,16

present 4:9,12

presented 63:4 149:19

president 62:21

pressure 73:12 76:4,5 144:18

pretext 139:10

pretty 52:18 67:14 72:21 142:21

 188:14

prevent 7:14 8:23 10:13,17,21

previous 168:17

previously 24:23,25 26:25 33:5

 70:11 91:10 97:10 113:6 120:8

 124:25 140:22

primary 112:5

printed 89:5

prior 14:21 15:23 18:4 36:3,11

 42:7 47:10,13 48:17 50:16 53:12

 55:14 76:21 82:22 83:20 84:10,

 24 89:25 90:25 100:17 103:17

 118:7 129:23 138:1,13 142:24

 161:4 178:14 187:4,8

privilege 15:3

privileged 13:4

problem 69:21 81:19 135:22

problems 74:3

procedure 38:18 39:21

procedures 39:9

process 33:23 69:1 108:16

 131:1 136:12,17 139:13 150:20

 155:3,11 156:5,19 158:5 166:4

 174:5 180:15 181:20 187:10

 191:24 192:4

produce 41:10

produced 27:3 120:12 121:23

production 25:3,8

profession 47:3

profit 160:21

progress 6:5 111:24

prohibited 28:1

prohibits 28:10

prolonging 15:6

promise 105:8

pronounce 30:18,25 151:13

pronounced 5:6

proof 154:5 155:21 165:6

 168:13

proper 65:7,24 182:20

propose 106:6

proposed 127:2 131:24 180:20

protesting 163:18

provide 11:9,16 12:4 17:1 74:14

 89:1 115:24 121:19 137:24

 166:22 188:2 192:17

provided 19:18 24:11 25:15

 28:22 33:22 45:14 72:4,5 175:21

 176:1 191:1 193:13,20 194:5

providing 6:17,21 7:12 8:24

 10:13,17,22 11:15 25:11 173:23

psychologically 112:24

pubic 86:12

pull 9:20 78:15

purely 182:17 189:19

purpose 6:14 83:14 84:2,16

 103:10

purposes 142:5

purse 37:12

pushback 94:24

pushed 177:18

put 24:19 62:12 74:7 89:7 91:7

 100:22 102:4 104:12 110:14

 130:17 164:23 174:3

puts 32:13

Q

quality 37:23

qualms 66:15

·

Index: plaintiff..qualms

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 217 of 225 PageID #:377
quarter 174:17

question 9:7 11:15,17 12:11,

 15,17,21,23 13:8,12,16,20 14:9

 16:13,18 25:25 26:2,10 27:17

 28:3,9,18 30:24 51:6 52:19 53:9

 54:11 56:25 57:1 61:14 67:20

 68:21 70:6,7 74:13 75:6 76:19

 77:1 78:23 79:16 83:25 84:5,18

 94:18,19 99:13 114:18 115:15

 116:10,15 118:15,16 119:1,6

 121:10 122:20 130:6,21 135:18

 139:14 145:8 147:19 152:17

 153:24 160:16 163:9 166:2

 167:10 168:10 169:25 172:23

 175:24 176:6,22 181:21 186:4

 190:24 191:8 192:15,22

questioning 11:24 81:4 168:23

questions 8:17 10:22 11:10

 12:9 16:15 22:7 23:5,15 27:5

 34:20 81:8 101:10 114:2 150:25

 157:19 179:25 187:19 188:4

 194:8

quick 22:15 29:19 78:16 110:1

 119:12 178:2 188:4

quickly 5:23 9:5 104:17 125:2

 186:20

quit 149:22 186:15

quiz 53:2

R

R-A-M-I 146:2

raise 82:18 84:19

raised 13:10

Rami 136:24 145:16 146:2

 151:11 153:20,25 154:3,24

 155:19 157:10,11 166:11

 168:10,11 169:9 175:20,23

 176:4 181:13,16 182:4

range 62:14,18 110:11

ranges 62:10

rare 57:22

RD- 56:11

RDA 56:11

RDO 37:25 40:3 41:20 52:13

 53:12 56:11 57:4 64:9 105:5

 109:8

RDOS 62:22

reached 136:21

reacting 167:5

reaction 39:16

reading 25:6

reads 95:5

ready 49:13

real 22:14 119:12

realized 88:24

reallocate 133:21

rear-ended 122:10

reason 19:21 28:13,20 31:7

 74:15 102:3 106:8 119:15 122:7

 150:1 159:25 163:23 186:6,10

reasonable 28:14,23 84:6

 126:24 131:3,7 138:15 147:14

 166:22 169:20

reasons 139:9,11 154:12

 161:14,24 162:10,13,20,21,24

 163:25 164:2,11 170:25 172:12

recall 17:17,21 34:4 51:15 79:9

 82:13 86:6 87:25 88:4,5 109:24

 135:7 142:15 151:3 175:24

recalled 102:23

receive 98:13 121:15 124:19

received 58:14 97:19 100:8,12

 114:7 140:14 143:19 178:5

receiving 120:15 123:3,12

 124:3

receptionist 89:10

recess 49:2,5 96:22 137:20

 187:23 188:1

recognize 99:12 120:18

recognizing 144:23 157:3

recollect 57:13

recollection 57:9,11 71:23

 118:2

recommendation 66:4 73:1

 94:12 95:2

recommended 168:19

reconnected 10:1

reconvene 137:17

record 4:9 5:2 9:22,25 10:5

 12:21 13:9 22:14,17,19 23:7

 24:21,22 26:19 49:4,9 96:24

 130:5 137:22 138:1 141:15

 153:12 177:9 194:16

records 30:8 43:12 56:10 65:1,

 4 66:24 68:6 151:5

recounting 58:24

recourse 136:8

reduce 111:10

reduction 109:13,18,21

reemployed 26:17

refer 62:8,9,13

reference 4:24 52:14 71:2

 107:16 122:6 186:20

referenced 34:21 53:10 67:15

 85:9 181:12,23

referencing 42:5

referring 4:23 19:1 58:23 117:9

 126:18 128:21 131:5 166:16

refusal 180:15

refuse 131:7

refused 131:2,3

regard 4:22 10:9 82:25

region 39:1 40:17 43:17,19 44:7

 45:18,21 46:24 50:18 60:23

 81:22 133:15 160:20

regional 30:2,6,19 31:2 36:1

 37:22,23 38:2 40:7,8 42:9,12

 43:10 45:2,5,7 47:1 49:20 54:5,

 15,25 59:19 60:12 62:22 64:7

 80:14 86:19 92:7 123:23 154:10

 180:9 184:19 186:23 187:5

regions 43:23

registered 19:2

regularly 126:14

rehire 26:19 174:4,5

rehired 186:7,16

reinstatement 117:13,18 118:4

related 27:6 82:19 115:18

 169:21 177:20

·

Index: quarter..related

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 218 of 225 PageID #:378
relates 169:10 176:17

relations 170:17

relationship 42:20

relevant 17:2 126:23

relieve 189:11

remain 39:24 132:11

remember 17:13,18 26:20 34:6,

 11 37:15 40:15 67:9 74:5 82:8

 88:2,9 89:4,17 93:12 96:6 98:14

 99:2 104:11 112:21 125:7 126:7

 128:10 132:9 140:16 154:22

 191:13,22 192:7,20 193:11

remission 143:1

remote 7:5

remotely 4:5

removed 75:11

repeat 28:3 76:17 100:3 112:11

 115:15 192:14

repeated 107:2 158:14

repeatedly 143:14

repeating 176:10 184:17

rephrase 13:17 27:22 32:23

 41:19 121:9 152:8

replace 187:2

replaced 184:10 185:14,15

 186:3

replied 41:2 108:1

report 36:21 66:2 80:4 171:5,20

reported 39:10 62:23

reporter 4:1 5:2 7:2 9:3,12 11:3,

 4,7,12 19:19 71:2 194:15,23

reporting 53:15 55:3 57:16

 107:9

reports 117:23

reposition 69:18 71:12 76:14,

 24 77:3,7

repositioning 75:3,18 82:2

 94:9

REPOTER 190:5,9

represent 27:1 33:21 140:24

represented 118:13,19 119:4,7

 152:4

request 110:3 113:11 114:9

 115:11,24 116:2,11 118:12

 119:2,22 136:2 182:6

requested 167:22

requesting 80:15 119:5

requests 25:3,8,12 26:4

require 75:15 91:18

required 12:10,14,22 19:5

 28:14 36:20 41:1 50:25 122:11

requirement 19:6

research 173:21

researched 173:14

Resend 100:9

reside 15:13

resides 15:17

resigned 186:8

resource 123:22 124:6 175:3

resources 175:2

respect 6:16 193:19

respiratory 65:6

respond 133:13 164:20

responded 180:8

Respondent 126:12 131:2

 138:22

Respondent's 139:10

response 21:24 25:2 26:4

 60:18 78:11,14 86:7 92:2 98:13

 105:18,19 109:25 131:14,17

 138:17 148:15 151:21 154:9

 175:5 181:23 189:4

responses 11:5,8,9 22:2 23:22

 24:8,11 25:7 122:6,24

responsibilities 35:5 40:19

 43:10 187:7

responsibility 43:21 44:6,13

 48:15 50:24 67:12

responsible 41:4 45:24 60:21

responsive 25:11

rest 164:23

restate 26:11 77:6 142:12

restriction 82:3 94:8 129:14

 189:8

restrictions 71:16 94:23

 127:18

results 41:11

resume 12:5

retain 14:18

retained 126:2 138:3,7

retaliate 166:18 167:2,4,13

 170:4,9 176:6

retaliated 157:5 168:8 169:12,

 22 175:23 177:22 193:9

retaliating 64:12

retaliation 139:12,17 156:25

 166:9,12,24 168:11 169:10

 175:20 176:3,18,24 177:21

 193:15

retribution 170:2

return 115:12,25 116:6,12,13,19

 118:14 119:5

returned 113:1

review 14:9 22:5 23:8,20 33:19

 64:25 66:7,23

reviewed 23:6

Richardson 4:2

rid 63:12 104:23 105:1,6 161:17,

 19 163:10

ride's 109:1

ringing 192:14

rise 72:3

risk 65:17

RN 18:23 19:1

RNS 45:24

road 77:21 81:18 183:4

rock 179:11

Roh 4:1

role 31:2 40:4 41:20 42:1 43:7

 44:14,20 52:13 53:12,16 54:16

 56:11 57:4,8,17 58:6 59:7 60:7

 61:5 109:8 159:19

·

Index: relates..role

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 219 of 225 PageID #:379
Rolling 77:16 87:7 183:23 184:1

room 7:1 37:1 42:22 43:3 52:15

 54:14

root 144:18

roughly 122:2

rounds 42:3 55:19

row 31:12

rule 74:19

rules 11:1 120:20 121:12 122:1

run 7:21 10:25 11:1 21:2

running 20:1

S

sacral 73:15 75:10 78:2 86:13

 95:22 142:1

sacrum 69:17 110:19

safe 83:19 84:6 118:4 161:7

 175:12

safely 65:7

safety 163:18

sake 23:4 146:6

salaried 56:3

sale 134:6

sales 133:16

Sarasota 26:14

sat 5:18 6:11

saving 37:3

scan 20:1,2,21,25 96:12 98:25

schedule 31:19 50:4 57:25

 173:7

schedulers 171:18

schedules 171:18 173:16

scheduling 171:6

school 18:8,12

science 18:22,23

screen 19:17,24 20:8 21:5,14,

 22 22:23,24 24:19 88:16 97:4

 138:20 180:2

scroll 22:11,24,25 23:2,21 33:7,

 9,10,12,14 52:8 61:23 63:13

 97:17 112:2

scrolling 70:13 117:8

searing 73:7

seconds 152:12

section 115:19,22

Security 120:5,9,15 121:15,19,

 24 122:8,17 123:4 178:5,9

sedating 76:11

seek 28:23 83:6 126:10 170:2

seeking 139:12

sees 154:12 167:19

seldom 44:16

select 31:21

selling 108:16 133:14 177:6

send 36:7 65:14 88:25 89:14,15

 97:23 134:5 154:7 168:3 169:17

 173:9 189:2

sending 66:8 92:4

seniority 109:22

sense 9:14 90:10 94:21 137:16

 160:22 171:15

sentence 102:7

September 4:4

served 58:6

service 172:14

services 14:25 38:14

set 21:25 25:3 45:20 171:18

severe 91:17 95:3 96:16 112:4

 153:13

share 19:16 97:4 138:20

sharing 19:23 20:12 22:23

Sharon 89:11 102:3,6,11

 104:12 124:6 127:10 129:9

 174:13 175:1,2

Sharon's 110:5 113:25

sheds 138:16

Sheet 99:14

shift 144:16

shifting 73:10

short 48:24 49:4 106:6 137:10

shorter 31:15

shortly 62:24

show 33:3 73:19

showing 140:19,23

sic 45:25 49:16 77:16 111:1

 128:1

side 20:9 38:24 62:12,13 68:17

 77:21

sidebar 160:17

sidetracked 165:17 175:16

sign 24:3 93:14,19 94:5 150:6

signature 110:4 114:5,19

 119:24 125:9

signed 24:5,7 39:24 114:16

 116:5 140:3

significance 121:7 122:3 139:3

significant 25:19 144:17

 147:16

significantly 144:5

similar 150:25

simple 139:15 144:4 145:12

simplify 56:22 57:2

simply 23:21 41:22 45:19 76:19

 119:1 135:22 145:8 152:17

 162:16 163:21 191:16 192:22

single 110:22

singled 104:23

sir 49:7 50:12 125:22

sit 5:16 69:15,18 71:11 73:7

 74:8 76:13 82:7,10 112:5 122:19

 126:14 128:22 129:4 131:9

 135:11,16,19 136:14 141:20

 144:1,12 146:16,24 158:11

 159:15 164:16

sitting 6:25 47:18 57:3,12 58:5

 64:19 69:16 73:6 75:18,21,22

 76:5 82:1 90:22 94:8,25 158:25

 159:1,2 176:1 185:5 189:8,19

 191:16 192:1 193:13,25

situation 9:8 188:11

·

Index: Rolling..situation

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 220 of 225 PageID #:380
situations 40:1 171:8

size 41:7

slams 167:19

sleep 78:10 87:15 131:15

 158:15 165:1

smoke 51:25

smoothly 11:2

Social 120:5,9,15 121:15,19,23

 122:7,17 123:3 178:5,8

solely 135:15

solution 106:6 131:24

something's 20:19

sooner 101:25

sore 74:6,23

sort 8:15 35:25 59:13 75:2 82:3

 95:1 112:1 114:18 150:25

 165:18 177:12,14 189:11

sorted 89:7

sought 179:7

Sounds 125:3 187:22

source 178:6

south 15:16 43:18 46:23 106:10

 108:16,18 133:16 134:3 183:1

space 26:16

speak 6:3 63:16 68:10 134:4

 145:24 170:3

speaks 29:1

specific 23:15 27:5 34:11,21

 54:21 56:9 67:15 105:25 138:16

 149:18 154:8 162:13

specifically 12:23 37:9 40:13

 54:14 129:11 130:6 132:23

 136:9,12 148:19 186:1 194:9

speculate 38:5 44:10 84:20

speculating 44:9 88:3

speculation 83:21 84:13 85:2

 90:2 91:3 109:15 161:23 163:2

 168:1 190:17

speed 59:14

spell 5:3

spelled 5:4,5

spinal 76:4

spine 73:5 142:3

spite 113:1

spoke 50:23 60:15 109:4 136:23

spoken 42:22 149:11

spring 72:12 83:4 142:20,24

 144:8

Square 4:3

staff 37:23 38:19 41:7 42:16

 59:4 65:18,24 68:19 109:11,14,

 18,22

staffing 57:23 65:15

stand 19:10 69:15 71:11,13

 73:11 74:6,7,23 76:24 77:7,21

 82:7,10 112:5 122:19 126:14

 131:11 132:25 135:11,19 141:20

 144:1,14 146:17 158:12 159:15

standard 194:18

standing 75:3,18 76:5 82:12

 94:9,25 143:20 189:9

stands 19:11

start 142:14 172:9 179:13

started 31:2 36:25 41:18 45:22

 50:10,21 55:16 56:11,19 59:16

 69:23 72:11 75:1 83:3,5 86:23

 124:3 142:20 166:8 179:16

 185:12,21

starting 48:11 50:16 53:13

 161:21 169:5 172:23 185:3

starts 41:15 55:2

state 5:3 19:5 34:23 36:15 41:20

 58:13 68:5 96:16 107:22 129:11

 188:11

stated 84:1 163:14

statement 52:12 57:5 98:10

 103:20 115:14

States 140:7 141:1

stating 175:5

station 69:24 74:4

stationed 135:20

status 15:9 69:8,12

stay 7:24 30:12 42:21 46:24

 60:16 101:4 107:8,13 132:13

 158:24 173:5

stayed 147:11 159:11

staying 46:11,15 47:12,23

step 79:19

stepped 40:3 41:20 42:1 51:16

 52:12 53:11 57:4,7 109:7

stepping 36:4

steps 25:20

Steve 92:2 103:4 108:3 136:24

 145:15 155:20 157:10,11 166:11

 170:8 176:20,23 182:5

Stewart 4:2

stick 70:25

sticks 88:13 100:21

stood 69:23

Stop 33:11,13

stopped 19:22 88:23

store 137:15

streamlined 139:15

street 131:25

stretch 11:21 189:10

strike 16:3 26:2 52:10 54:19

 75:19 82:20 90:14 118:15

 139:14

struck 101:20

subject 6:21 10:7 61:19

subjected 144:25 145:9 166:12

subjects 61:20

submit 75:7

submitted 116:2,10 127:6

submitting 118:17 119:2

subsequent 119:3

substance 8:23 10:12

substances 36:10 37:4 39:20,

 22

substandard 188:11,16

sue 140:6,12,13,20

suffering 10:21

sufficient 33:16,18

·

Index: situations..sufficient

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 221 of 225 PageID #:381
suggest 90:24 100:4 105:25

 129:21 153:14

suggesting 159:6,18

Suite 4:3

summer 26:15

Sunday 95:12

supervisor 24:13 30:16 80:25

 127:1 128:16 129:12 130:23

 131:2 153:21 157:17 180:14,17

supervisor's 180:14

supervisors 165:15

support 6:16 57:10 134:15

 146:7 148:21 149:7 150:7,16,18

 152:3,18,19 156:16 162:11

 165:23 166:3 168:7 175:22

 176:3 184:9 185:13 186:5 191:3,

 18 192:2,18,23 193:14,21

surgeon 99:1 103:24 104:9

 130:17 143:17

surgeries 75:14

surgery 76:22 89:16 110:19

 122:11,13 133:10 164:15

surgically 75:11

surrounding 80:16 175:13

sworn 4:15 24:2

system 53:8 102:4 171:4,24

 172:11 173:12,17 174:1

T

T-S-C-H-A-N-Z 4:11

tailbone 73:16

takes 106:10 132:2 134:9,11,12

 184:2

taking 7:9 10:6 63:1

talk 11:13 19:17 24:16 35:20

 50:18 55:21 63:2 70:8,9 87:20

 95:21 107:20 119:12 132:20

 135:25 137:12 151:16 162:2

 178:1 182:10

talked 14:5 15:19 46:9 52:15

 63:25 65:20 66:5 68:6 78:17

 82:21 83:10 88:17 92:20,24

 116:4 127:17,19 129:10,20

 130:24 132:3,6 133:4,11 135:3

 136:2,10,13,23,24 141:24

 150:24 155:2 163:13 166:9

 168:23 175:19,20 182:2,11

 185:1

talking 19:22 35:3,5 42:19

 45:19 49:17 54:3,4 61:19,25

 62:15 75:1 82:21 110:2 116:7

 128:22,25 129:11 135:5 138:14

 144:3,7 149:23 175:19,20 187:3

 191:11

talks 111:22

tape 66:13

tasked 171:9

team 38:2,15 86:19

technical 8:15,17 10:4

Technically 107:14

telephone 82:22 84:8,25 85:10,

 11 90:5,25 93:18 98:8 100:17

 102:17 128:20 180:21 181:12,13

telephonically 10:1

telling 14:14 47:18 58:14 66:18

 73:9 80:20 81:4 86:5,15 89:25

 90:25 97:19 104:15 140:13

 174:23

temporary 30:10

ten 41:12

ten-hour 31:14

ten-minute 137:17

tenure 171:25

terminate 109:6 174:8,11

terminated 43:6 53:8 123:14

 138:22 170:21 171:3,10,24

 172:11 173:11 185:10 190:14

terminating 92:12

termination 42:7 122:2 139:1,

 11

terms 47:19 135:9 141:14

Terrell 149:12

territory 31:18

testified 4:17 49:21 50:15 79:1

 94:22 103:14 121:1 127:25

 152:10 178:4 189:7

testify 68:25

testifying 6:22 7:14 73:25 74:5

testimony 6:18,20 7:13 8:24

 10:9,14,18,23 12:4 15:21,23

 17:1 28:4 34:12 48:20 49:18

 52:9 67:24 76:15 97:12 98:5

 118:7 137:24 155:18 188:2

 194:6

tests 96:12

texted 136:25 181:1,15

thanked 52:3

that'll 9:8

therapists 65:6

therapy 44:17 55:11,15 72:23

 73:14 83:5 93:1,4 133:8 143:16

 146:24 158:6

thing 43:25 60:5 95:1 108:4

 133:25 162:1 170:16 171:19

 177:8

things 11:1 18:25 19:7 34:21

 38:16,17,18 39:2 40:17,25 41:5

 43:14,15 44:12 45:22 47:6,20

 49:16 56:5 60:4,6 67:4,8 72:18

 76:9 81:1 82:11 144:5,17 159:13

 164:6 167:21 177:16 178:1

 184:20,24 185:4,7,16 189:11,24

thinking 56:2 78:12 164:15

 172:17

thoracic 142:3

thought 13:8 52:20 68:25 79:24

 95:9 98:21 102:23 103:24 118:9

 165:18

thousand 44:3

thousands 171:1,8

threw 37:11

thrilled 79:8,13,17

Thursday 34:16 87:22 94:3

 101:1 102:22 128:10

Thursdays 31:13

time 4:4 11:22 13:10 23:19

 29:20 31:3 32:4 35:13 41:16

 43:17 46:13 55:13 62:24 69:20

 71:10,14 73:17 76:6 77:19

 81:21,24 82:4,9,17,18 83:10

 90:9 97:15 102:1 105:3 110:23

 111:12,15 112:21,23 115:13,23

 116:3,18 117:4 126:3,15 128:15

·

Index: suggest..time

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 222 of 225 PageID #:382
 129:3,4,13 130:23 131:1 141:21

 143:12 144:2,8 149:12 150:2

 158:12 163:9 167:7,12 169:8

 183:12 185:18,20

times 5:18,21 77:22 106:22

 126:23 186:16

tiny 9:8

title 29:24

titled 21:24

titles 24:14

today 6:18,21 7:5,14 8:24

 10:14,16 57:3,12 58:5,14 62:1

 64:19 90:23 97:19 150:19 155:8

 165:22 166:6 169:10 176:1

 181:17,24 182:11 191:16 192:1

 193:13,25 194:6,9,17

today's 4:4 6:14 14:4,16

told 30:5 34:8 35:24 37:22,24

 39:18 40:7 42:17 43:5 44:19

 51:22,23 54:25 56:1 60:10,11

 63:17,20 64:8 66:6,9,16,22

 72:24 73:4,14 77:17,25 80:25

 86:10 87:10 89:23 90:4,9 92:2,

 22 93:25 95:13,24 96:1 101:2,22

 105:4,11 106:8,23,25 108:8,11,

 22 110:15 118:24 123:24 124:8,

 13 126:9 127:1,9,21 130:15

 137:3 145:22,23 146:13 149:5,

 13 152:13 153:6,10 154:15,16

 158:13 164:21 168:14 174:20,25

 181:3,6 184:21 185:6,23,24

 188:9

tomorrow 78:11 87:16 93:7

 131:16 147:4 158:15 165:2

tonight 131:16

top 29:13 52:11 78:16 88:20

 97:6 100:7 117:6

topic 180:1

topics 182:8

total 123:3

totally 123:7

touch 96:5

trach 65:5,25 66:12

traffic 81:18 106:11,14 182:15,

 23 183:6,19

trainer 43:13

training 30:7,11 44:4

transcript 194:16

transfer 58:16 127:2 180:20

transferring 106:7

transition 61:7

transitional 59:14

transitioned 173:6

transitioning 42:2 43:7,8

Transmittal 99:14

transpired 167:6,12 169:1

 170:1

traveling 26:15 81:11 82:24

treat 76:8

treating 164:10

treatment 28:10 111:7 143:4,19

 179:7

treatments 72:9,10

TRM 45:7

true 60:7 100:14 139:10 152:19

 176:1

trust 66:20 188:20

truth 4:15,16

truthful 8:24 10:14,18,22 12:4

 137:24 152:20 188:2 194:6

truthfully 7:14

Tschanz 4:11,19,21 7:16 8:5,7,

 11,21 9:9,22 10:2 15:5,8 19:22

 20:11 21:19,20 22:10,13,18

 23:3,13,18 48:23 49:3 70:22,24

 71:5,7 91:8 96:17,23 125:1

 126:5 137:5,8,21 142:12 160:13

 177:24 178:3 187:16,24 194:12,

 18,23

tubing 66:13

Tuesday 31:13 94:2 100:25

 101:1 127:7 128:12

tumor 69:17 73:15 75:9 76:2,3

 78:1 86:12 87:10 133:11 136:16

 137:4 142:1 146:18 165:3

turn 145:12

turned 174:1

turnover 41:8

type 60:2 125:23

types 72:11

typical 31:11

U

uh-huh 21:6 24:2 25:1 33:10

 63:9,15 70:14,19 76:12 97:3

 101:8 104:19 111:9 120:14,22

 121:14 122:22 123:2 125:12

 162:25 166:17 178:19 186:19

Uh-uh 101:17

umbrella 43:20

unable 110:19 111:12 118:14

 119:4,17 123:8 129:4 141:20

 145:14

unannounced 36:7

unbearable 72:22 142:21

uncertain 47:19 97:13

uncomfortable 38:21

under- 83:14

underlying 17:2 141:2

understand 4:23 6:17,20 7:7

 8:19 10:6,8 11:18,25 12:3,12,18

 13:16,20 16:13 25:10 35:8 47:5

 49:5 50:20 53:2 55:7 59:11

 60:25 73:23 79:17 81:23 96:25

 104:5 112:12 116:9 133:25

 137:23 144:4 150:2 159:16

 166:15 188:1 191:8

understanding 10:22 15:21,23

 29:20 32:5,11 36:18 43:3 44:24

 47:6 52:9 54:21,24 78:19 80:18

 83:15 84:15,22,23 95:6 98:4

 109:17 117:15 121:6 166:25

 167:1,2

understood 13:21 16:17 194:8

undetermined 115:13,23 117:1

unemployment 122:17 123:14,

 20 124:1,12,17,19

unfair 44:19

unit 19:12

United 140:7,25

·

Index: times..United

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 223 of 225 PageID #:383
University 182:19

unpackage 49:16 97:11

unsafe 66:14

untrue 160:6

untruthful 152:4

upset 60:20 61:4 66:17 93:23

 136:15 163:15

V

vacation 34:17 87:23 88:8

 137:1 180:23 181:7

vague 47:6

vast 60:3

vein 8:14

verbatim 40:15 51:22

verification 24:1

vice 62:21

vicinity 176:15

video 7:8,13 20:15,19

videoconference 4:6

Village 58:16 77:13,18 78:9

 86:9,16,22 93:17 106:18 149:3

 154:16 164:18

violated 74:19

violation 141:9 156:25 157:5

 166:12,19 168:8,12 169:13,22

 170:9 175:24 176:7,25 191:4,14,

 19,24 192:4,9,13 193:10,15

virus 20:2,25

visit 81:25

visits 99:4

voice 7:23

W

wait 11:14 56:24 70:6 94:17

 100:3 109:13 122:12 157:16

waiting 149:17

walk 167:19

wall 32:13

wanted 6:2 36:6 38:23 44:13

 51:23 52:8 58:16 59:22 60:13

 63:11 65:1 66:3,23 67:16 72:17

 73:3 76:1 79:12 80:25 84:1

 85:20 86:21 93:17 104:22 105:1,

 9 107:12,13 124:1 136:5 138:2

 163:10,24 174:14 177:25 178:1

 185:1,2 188:17,23

ways 159:13

weather 183:8

Wednesday 31:13 94:2 101:1

week 31:18 40:3 41:9,12,15,19

 45:13 46:2 50:10,21,25 51:3,8

 52:12 53:11 54:19 55:2 57:21

 58:3 60:14 88:11 100:20 101:3

 103:25 104:14 107:8 127:8

 164:12 179:16

weekly 143:6,11

weeks 39:19 101:24 103:25

 104:6,14 151:18

weight 144:16

West 18:12 46:22 80:21 81:13,

 15 82:9 134:11

Westmont 189:5

whatsoever 169:3

whining 86:24

White 4:10,13 7:1,20 8:2,4,10

 9:14,18,24 12:20,23 13:2,7

 14:15,18,24 15:2 17:15 20:3,5,7,

 13,18,22,25 21:3,5,7,9,12,15,17

 22:9 23:9,14 25:22 28:25 30:23

 32:17,25 35:14 48:20 49:1

 53:21,23 56:13,17,24 61:11,14

 64:13 67:23 70:6,21,23 71:4,6

 76:15 77:4,9 80:8,10 82:5 83:1,

 21,23 84:12 85:1 90:2,18 91:2,9

 94:15,17 96:19 98:15 100:19

 109:15 114:1 118:5,7,21 119:9

 125:3 126:2,4 129:25 130:9

 134:18,20 137:7,19 138:3 142:8,

 11 145:2 146:10 147:23 148:23

 150:10,12,22 151:8 152:6,21

 155:13,18 156:6,8,21 157:7

 160:2,8,11 161:22 163:1 164:5

 166:20 168:1 171:12 172:4

 176:9 177:2 182:13 186:11,13

 187:22 189:15,17 190:5,8,10,17,

 23 191:6,20 192:5 193:3,5,17,22

 194:13,24

White's 62:11

winter 72:13

withhold 26:3

witnesses 191:2

Wocasick 115:9

Wocasick's 110:13

woman 161:25

wondering 20:19

word 16:23 28:18 52:1

worded 54:11

words 11:7 36:7 169:1,25 170:2

 185:15

work 8:19 31:22 41:11 44:15

 47:7 51:12 57:25 65:9 69:25

 76:14 79:8,13 88:20 93:13,22

 96:11,13 101:3 105:17 108:9,11

 110:19 111:12 114:12 115:13,25

 116:12,14,19,23 118:14,19

 119:8,10 120:3 123:8,11 133:7

 137:18 147:13,17 150:2 155:22

 183:22 185:3

worked 6:9 10:3 26:14 31:12,

 13,18 45:25 100:23 164:7

 168:20 170:11 173:9,25 178:11

 184:15 191:9

working 41:9 42:20 50:3,25

 51:3,7 56:20 57:20 69:24 105:2

 107:13 132:11 133:8 148:3

workplace 28:15 144:21 189:20

workweek 94:2

worried 63:20 78:25 79:2

 136:15

worry 79:18 101:3 108:8 160:16

worse 72:12 83:4 113:3 143:14

 144:5

would've 102:25

wrap 188:4

wrap-up 187:19

write 40:3 50:22 63:17 99:17,21

 101:15 113:19 114:3,21 115:4

writing 99:18,24 102:11 110:13

 113:22,24 115:10 180:6

wrong 20:20 36:14 37:17 137:9

·

Index: University..wrong

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 224 of 225 PageID #:384
 172:18

wrote 34:2 35:13 92:1 102:5

 107:21 115:8

X

X'D 21:1

X-RAYS 72:17

Y

year 26:16,20 51:13,14,17,20

 52:6 53:17 54:8 55:5 57:7 58:7

 79:1,2 172:13 173:19

years 5:17 17:20 26:21 30:3

 32:9 36:3,13 42:11,12 43:24

 46:19,23 51:13 55:11,14 59:20

 75:12 92:15 109:23 117:22,25

 149:25 161:1 164:7 170:11

 171:3,23 172:14

yelling 37:13

yesterday 7:21

Yup 21:15 110:5 124:21 163:7

 178:19 188:19

Z

zones 43:22

zoom 4:6 22:11,12 27:1

·

Index: wrote..zoom

Case: 1:20-cv-02466 Document #: 50-2 Filed: 04/15/22 Page 225 of 225 PageID #:385