1 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 1 of 198 PageID# Volume I Pages 1 to 193 Exhibits 1-21 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division x : MILTON MANUEL SANCHEZ, CARMELO : MEDINA, GERARD EDMOND, : individually and on behalf of : a group of individuals : Civil Action similarly situated, : No. 1:12-cv- Plaintiffs, : GBL-TRJ : vs. : : LASERSHIP, INC., : Defendant. : : x DEPOSITION OF MILTON MANUEL SANCHEZ, a witness called on behalf of the Defendant, taken pursuant to the Federal Rules of Civil Procedure, before Carol H. Kusinitz, Registered Professional Reporter and Notary Public in and for the Commonwealth of Massachusetts, at the Offices of Jackson Lewis LLP, 75 Park Plaza, Boston, Massachusetts, on Tuesday, August 21, 2012, commencing at 10:02 a.m. PRESENT: The Law Offices of James W. Simpson, Jr., PC (by James W. Simpson, Jr., Esq.) 100 Concord Street, Suite 3B, Framingham, MA 01702, , for the Plaintiffs. Jackson Lewis LLP (by Douglas J. Hoffman, Esq.) 75 Park Plaza, Boston, MA 02116, ,
2 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 2 of 198 PageID# 2385 for the Defendant. 2 1 I N D E X 2 WITNESS DIRECT CROSS REDIRECT RECROSS 3 MILTON MANUEL SANCHEZ 4 BY MR. HOFFMAN BY MR. SIMPSON * * * * 7 E X H I B I T S 8 NO. DESCRIPTION PAGE Form 1040, Schedule C, for 118 Milton Sanchez Form 1040, Schedule C, for Milton Sanchez Form 1040, Schedule C, for 133 Milton Sanchez 13 4 Advertising and Marketing Agreement between Laser Courier, Inc., and Milton Sanchez dated January 23, Bates Nos. L Independent Contractor Agreement 142 between Laser Courier, Inc., and 17 Milton Sanchez dated July 14, 2011, with attached Schedule One, Bates 18 Nos. L Document headed "Schedule One" dated 147 7/13/ Two-page document headed "Schedule One - Zone Listings," dated 7/19/ Shipping manifest for Route dated 7/3/12 23
3 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 3 of 198 PageID# E X H I B I T S, Continued 2 NO. DESCRIPTION PAGE 3 9 Shipping manifest for Route dated 7/2/ Documents headed "Driver Statement of On-Duty Hours" relating to Milton Sanchez, Bates Nos. L Equipment lease between Laser Courier, Inc., and Milton Sanchez dated June 23, 2011, Bates Nos. 8 L H.D. Smith truck route manifest for 165 Route S95, Stop 010, dated 8/16/ OneBeacon America Insurance Company enrollment form for Milton Sanchez dated 8/9/10, Bates No. L Certificate of Registration for Chevrolet truck owned by Milton Sanchez dated 1/1/12, Bates No. 14 L Bill of sale for 2006 Chevrolet 171 truck sold to Milton Sanchez dated 16 7/10/ Document headed "Record of Road 172 Test" relating to Milton Sanchez 18 dated 1/17/12, Bates Nos. L Document headed "Driver Security 173 Rules Receipt Acknowledgement" 20 signed by Milton Sanchez on 12/16/11, Bates Nos. L Document headed "Independent Contractor Cargo Application And Enrollment Form" relating to Milton
4 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 4 of 198 PageID# Sanchez dated 4/7/09, Bates No. L E X H I B I T S, Continued 2 NO. DESCRIPTION PAGE 3 19 Certificate of Liability Insurance 177 relating to Milton Sanchez dated 4 11/29/11, Bates Nos. L LaserShip document headed "Agreement 179 and Consent to Drug and/or Alcohol 6 Testing" signed by Milton Sanchez on 5/25/11, Bates No. L Document entitled "Complaint, Compensatory and Injunctive Relief Requested, Proposed Class Action" 9 * * * *
5 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 5 of 198 PageID# P R O C E E D I N G S 2 MILTON MANUEL SANCHEZ 3 a witness called for examination by counsel for the 4 Defendant, having been satisfactorily identified by 5 the production of his driver's license and being 6 first duly sworn by the Notary Public, was examined 7 and testified as follows: 8 DIRECT EXAMINATION 9 BY MR. HOFFMAN: 10 Q. Hello, Mr. Sanchez. We met earlier. My 11 name is Doug Hoffman. I'm one of the attorneys 12 representing LaserShip in this case. 13 Before we get started, I would like to go 14 over a couple of ground rules. 15 MR. HOFFMAN: Actually, first of all on the 16 records, any stipulations? Do we want to reserve 17 all objections other than the form until the time of 18 trial? 19 MR. SIMPSON: Usual stipulations. 20 MR. HOFFMAN: Okay. Usual stips. And then 21 the witness will have 30 days to review and sign his
6 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 6 of 198 PageID# transcript. 23 MR. SIMPSON: (Nods head) 24 Q. Have you ever been deposed before? 6 1 A. No. 2 Q. Well, I'm going to go over some ground 3 rules just so you kind of know how this sort of 4 thing works. As you can see, we have a court 5 reporter with us, and she's going to be writing down 6 everything we say. So because of that, it's very 7 important we don't talk over each other and you let 8 me finish my question before you start answering. 9 I'll do the same for you; I'll let you finish your 10 answer before I start asking you another question. 11 It's also very important that you answer 12 out loud. You can't just nod your head or even say 13 "Uh-huh," because on the transcript it's unclear 14 what that might mean. So I need you to answer "Yes" 15 or "No" and things like that and answer everything 16 verbally. 17 A. Okay. 18 Q. Thank you. Now, if I ask a question that 19 you don't understand, and it will probably happen 20 during the course of the deposition at some point, 21 tell me, and I will be happy to rephrase it, or the
7 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 7 of 198 PageID# court reporter can read it back for you. 23 A. Okay. 24 Q. And if you do answer a question, I'm going 7 1 to understand -- I'm going to -- it's going to mean 2 that you understood the question, okay? 3 A. Okay. 4 Q. All right. Great. Now, if you do need to 5 take breaks, and your attorney probably told you 6 about this already, that's fine, if you need to go 7 to the bathroom, stretch your legs, whatever. The 8 only thing I'm going to ask is, if I'm in the middle 9 of asking a question or I've just asked you a 10 question, I'm going to ask you to answer the 11 question before we take a break, okay? 12 A. Yes. 13 Q. And I take it English is -- you're 14 comfortable with the English language? 15 A. Yes. 16 Q. You can answer all question in that? 17 A. (Nods head) 18 Q. Great. To start out, can you please state 19 your full name for the record. 20 A. Milton Manuel Sanchez.
8 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 8 of 198 PageID# Q. And could you spell that for the court 22 reporter. 23 A. M-i-l-t-o-n M-a-n-u-e-l S-a-n-c-h-e-z. 24 Q. What is your date of birth? 8 1 A. March 27, Q. And where do you live? 3 A. I live in Revere right now. 4 Q. And what is the address there? 5 A. It's 82 Hichborn Street, Revere, Mass Q. How long have you lived there? 8 A. It's going to be about seven years now. 9 Q. Are you married? 10 A. Yes. 11 Q. What is your wife's name? 12 A. Maria. Maria Medina. 13 Q. And do you have any children living with 14 you? 15 A. Do we have children living Q. Yes. 17 A. Her granddaughter. 18 Q. But no other children other than that? 19 A. No. 20 Q. Does your wife have a job?
9 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 9 of 198 PageID# A. Yes. 22 Q. What does she do? 23 A. She does maintenance. 24 Q. Okay. Who does she work for? 9 1 A. Commercial Cleaning. 2 Q. And how long has she been doing that job? 3 A. For quite a while. I'm not sure how long, 4 though. 5 Q. Five years at least? 6 A. About seven years, eight years. 7 Q. Now, a few questions I do need to get out 8 of the way. Are you taking any medications today 9 that might interfere with your ability to testify? 10 A. No, not at all. 11 Q. Suffering from any illness that would 12 affect your ability to testify? 13 A. No. 14 Q. Anything else you can think of that would 15 affect your ability to testify? 16 A. Nothing at all. 17 Q. Okay. Thanks. Now, to prepare for your 18 deposition today, did you meet with anyone? 19 A. No.
10 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 10 of 198 PageID# Q. Did you talk to anyone over the phone? 21 A. No. 22 MR. SIMPSON: Other than counsel. 23 A. Other than counsel. 24 Q. I'm not going to ask you to tell me what 10 1 you and your counsel talked about. At this point I 2 want to know, yes or no, did you talk to -- 3 A. Yes. 4 Q. Okay. You did talk to your counsel. I'm 5 going to caution you, don't reveal any conversations 6 between you and your counsel. 7 For how long did you talk to your counsel? 8 A. A couple of minutes. 9 Q. Did you review any documents to prepare for 10 your deposition? 11 A. The documents that I'd give to him that he 12 asked for. 13 Q. Which documents are those, do you remember? 14 A. Income tax and, you know, any -- anything 15 relevant to that. 16 Q. Anything relevant to income taxes? 17 A. Yes. 18 Q. Any other documents relative to your work 19 at LaserShip?
11 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 11 of 198 PageID# A. Any paper that I could gather right there, 21 showing, you know -- it's minimal papers, paperwork. 22 Q. So are you saying that you gave all the 23 documents having to do with your work at LaserShip 24 to your attorney? 11 1 A. Yes. 2 Q. Is there anything you didn't give him? 3 A. Not that I can recall, no. 4 Q. Did you talk to anyone else to prepare for 5 your deposition today? 6 A. No. 7 Q. You just said you gave some documents to 8 your attorney in this case. When did you start 9 looking for those documents? 10 A. When you asked for them. 11 Q. Do you remember when that was? 12 A. About a week ago, two weeks ago? 13 Q. Now, other than what you gave to your 14 attorney, do you have any other notes, diaries, 15 calendars, anything at all that relates to your work 16 at LaserShip? 17 A. If I have, I would have to look for them, 18 because it's been so many years and they are
12 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 12 of 198 PageID# probably all over the place. Whatever I can find, I 20 always try to keep. 21 Q. So am I to understand that you haven't 22 necessarily looked everywhere that some documents 23 might be? 24 A. Exactly, yes Q. Okay. All right. We'll talk about that 2 with your attorney after the deposition is over. So 3 it's possible you do have some more. Can you think 4 of what those documents might be? 5 A. Paperwork that they give us, notices. 6 Q. Any notes that you wrote yourself, any 7 diaries or calendars? 8 A. I don't keep diaries of anything like that. 9 Q. Any -- do you keep track of, like, the 10 hours you work? 11 A. I keep a binder of all the paychecks that I 12 get. 13 Q. You haven't given those to your attorney 14 yet, right? 15 A. No, no. He hasn't asked for those, so I 16 hold on to them. 17 MR. HOFFMAN: I'll just put on the record, 18 we are requesting those. I think they're responsive
13 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 13 of 198 PageID# to the request. 20 MR. SIMPSON: The pay statements, correct? 21 MR. HOFFMAN: Yes. 22 MR. SIMPSON: Yes. 23 MR. HOFFMAN: Well, anything he has related 24 to his work for LaserShip should be produced. But 13 1 specifically, yes, his pay statements. That's what 2 he just mentioned. 3 Q. But as far as the hours that you worked, 4 did you ever keep track of that in any written form? 5 A. As far as hours? No, not really. 6 Q. What about logs of the mileage you drove, 7 anything like that? 8 A. What I give to the income tax guy. 9 Q. And do you still have those documents? 10 A. Yes. Those are the ones I gave to him. 11 Q. The mileage logs specifically? Do you 12 remember giving any of those A. Specifically mileage logs, no. Just the for the taxes. 15 Q. Well, I guess I'm maybe not hearing your 16 answer. Did you give your attorney some mileage 17 logs?
14 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 14 of 198 PageID# THE WITNESS: Would you call the mileage 19 log the income tax papers that I MR. SIMPSON: I can't answer. 21 Q. If you remember. 22 A. Well, whatever is on the W forms that we 23 give them, whatever is asked right there. 24 MR. HOFFMAN: And, Jim, I understand part 14 1 of the response was you would produce additional 2 documents if we could get a confidentiality 3 agreement. 4 MR. SIMPSON: Yes. 5 MR. HOFFMAN: So that may be why you're 6 holding some back, I'm not sure. But in any event, 7 we'll take care of that after the deposition. 8 MR. SIMPSON: Off the record. 9 (Discussion off the record) 10 Q. What about receipts for gas? Do you have 11 anything like that? 12 A. Just -- well, what I do is I keep them, and 13 then I give them to the tax guy, and then I 14 disappear them, because it's already in the tax, 15 once it's prepared. 16 Q. So you throw them away? 17 A. Yes.
15 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 15 of 198 PageID# Q. All right. Is this something you do on an 19 annual basis? 20 A. Yes. 21 Q. After you give the documents to your tax 22 guy? 23 A. Yes. 24 Q. Is that something you did this year as 15 1 well? 2 A. Yes. I would assume that that's going to 3 be all done with, and that's it. So we leave it 4 as... 5 Q. Does your tax guy still have copies of 6 those documents? 7 A. He should, yes. H&R Block, they should 8 have. 9 Q. So in addition to, I guess, mileage logs or 10 gas receipts, any other documents you give to your 11 tax guy? 12 A. No. Just that. 13 Q. Any other receipts or anything that you 14 give him having to do with your work at LaserShip? 15 A. No. 16 Q. Have you ever sent s in connection
16 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 16 of 198 PageID# with your work at LaserShip? 18 A. No. 19 Q. I saw in the documents we were provided 20 that you produced some of the manifests from 21 LaserShip; is that right? 22 A. Yes. 23 Q. Did you produce, give to your attorney, all 24 the manifests you have or just some? 16 1 A. No. Just whatever is left, whatever I 2 have. 3 Q. Is it possible there are more somewhere 4 that you haven't found yet, since you haven't looked 5 for them? 6 A. No. 7 Q. And just so I'm clear, what other types of 8 documents do you think you might have that you 9 haven't really gone to look for? 10 A. Like I say, memos, just stuff that they 11 give us. 12 Q. From things you're provided by LaserShip? 13 A. Yes. 14 Q. Or A. Let's say, you know, "Cardinal's got new 16 rules." Here you go, I have one over here. "This
17 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 17 of 198 PageID# is what you're supposed to be doing: Can't stop, 18 can't talk to anybody." There you go. That's a 19 memo right there. That type of work, that type of 20 paperwork. 21 Q. Okay. Do you have a mobile phone? 22 A. Yes. 23 Q. How many mobile phones do you have? 24 A. One. Used to have two, but now we have 17 1 one. 2 Q. So when you used to have two, how long ago 3 was that that you used to have two? 4 A. Every time LaserShip changes their way of 5 communicating, we try to change. What we try to do 6 is try to get our own machines so we don't have to 7 pay the extra money for the machines that they 8 charge, except for this last time, when they didn't 9 want to. So Q. Okay. We'll talk about that in a few 11 minutes. So the cell phone you have now, how long 12 have you just had one cell phone? 13 A. That's going to be for the past two years 14 now, since they changed to the new machine. 15 Q. Which machine is that?
18 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 18 of 198 PageID# A. New scanner. I don't know what number it 17 is, but it's a scanner. 18 Q. What is the number of the cell phone you 19 have now? 20 A. It's Q. And do you just use that for work at 22 LaserShip, or do you use it for other things too? 23 A. For everything. 24 Q. And then two years ago and before that you 18 1 said there was another cell phone that you had? 2 A. Yes. 3 Q. Was that issued by LaserShip? 4 A. No. It was used for LaserShip, but it 5 wasn't -- that's when they had the, what do you call 6 that, like, the walkie-talkie. 7 Q. Do you remember what the number was for 8 that cell phone? 9 A. I think it was Q. And did you have the same cell phone 11 provider for both of those phones? 12 A. Yes. 13 Q. Who is it? 14 A. Verizon. 15 Q. So the cell phone --
19 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 19 of 198 PageID# A. No, I'm sorry. It's not Verizon. Sprint. 17 Q. So the cell phone you used to have, you 18 used only for LaserShip business, right? 19 A. Yes. 20 Q. And at that time were you using your other 21 cell phone for LaserShip business at all? 22 A. The other one? No. Just one. 23 Q. And now you use the one cell phone for 24 everything? 19 1 A. Just one, yes. It doesn't make sense. But 2 I didn't pay that much, so... 3 MR. HOFFMAN: Make sure -- are you having 4 trouble with us talking over each other at all? 5 THE STENOGRAPHER: Borderline. 6 MR. HOFFMAN: Okay. 7 Q. All right. Let's just be a little more 8 careful about that. 9 A. All right. 10 Q. Great. 11 What do you use the cell phone for now? 12 What do you use it for during the day? 13 A. Just personal use. 14 Q. But nothing to do with LaserShip anymore?
20 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 20 of 198 PageID# A. No. LaserShip during the day. Any time 16 they call me, you know, I accept their calls, 17 obviously. 18 Q. Have you ever been a plaintiff in a lawsuit 19 before? 20 A. Yes. 21 Q. Could you describe to me the details of 22 that. 23 A. FedEx. 24 Q. What about FedEx? 20 1 A. FedEx. There was a lawsuit with FedEx. 2 They contacted me if I wanted to be part of it. I 3 said yes. 4 Q. Do you remember who contacted you? 5 A. I don't remember -- I probably have the 6 paperwork someplace. I just don't recall who it was 7 directly. 8 Q. When did you work for FedEx? 9 A. About eight years ago, nine years ago. 10 Q. And when were you contacted about being 11 involved in the FedEx lawsuit? 12 A. About five years ago, something like that, 13 six years ago. 14 Q. What was that lawsuit about?
21 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 21 of 198 PageID# A. Misclassification, treating us like 16 employees when they felt like it or treating us like 17 independent contractors when it suited them. 18 Q. Do you know where that case was pending? 19 A. What do you mean, "pending"? 20 Q. Where was it filed, do you know? 21 A. Here in Massachusetts. 22 Q. Were you a named plaintiff in that lawsuit, 23 or were you one of the class members? 24 A. I don't understand that, but I would 21 1 imagine, one of the class members. I was just 2 contacted afterwards. I wasn't one of the prime 3 members, no. 4 Q. Did you receive any money out of that 5 lawsuit? 6 A. Yes. 7 Q. You said you stopped working for FedEx 8 about eight to nine years ago? 9 A. Yes. 10 Q. And, again, you were not deposed as part of 11 that lawsuit; is that right? 12 A. No. 13 Q. Did you produce any documents in connection
22 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 22 of 198 PageID# with that lawsuit? 15 A. No, didn't need to. 16 Q. So basically you got something in the mail 17 or a phone call 18 A. Yes, mail. 19 Q. Something in the mail, okay. And then 20 maybe you returned the form and you received a 21 check? 22 A. Exactly, Yes. 23 Q. Have you ever been convicted of a crime? 24 A. No Q. Now, the FedEx lawsuit, is that the only 2 time you've been a plaintiff in a lawsuit? 3 A. Yes. 4 Q. Ever been a defendant in a lawsuit? 5 A. No -- well, depends. Yes. Something 6 personal, money matters or something like that. 7 Q. How long ago was that? 8 A. Two years, three years ago. 9 Q. What was the nature of that dispute? 10 A. Just a computer, something like that. 11 Computer, I think it is, payment. 12 Q. You were late on a payment? 13 A. The computer had problems. They didn't
23 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 23 of 198 PageID# want to give the warranty. So that's how the whole 15 thing started, and it just evolved from there on. 16 Q. I'm not following you. Could you explain a 17 little more. 18 A. All right. It was a bad product that was 19 given to me, so I didn't want to pay for that. I 20 returned it. They didn't want to take it back. 21 They just wanted to get paid. I said, "No." 22 Q. Okay. And this was a retailer that was 23 coming after you? 24 A. Yes Q. Do you know who was the retailer? 2 A. No, I don't know now. This was just so 3 many years ago. 4 Q. And this was two to three years ago? 5 A. That they went to court, yes. But it 6 wasn't them. It was somebody who bought it 7 afterwards. 8 Q. Who bought the loan or bought the debt? 9 A. Whatever. 10 Q. It was like a debt collector? 11 A. Yes, exactly. 12 Q. What was the outcome of that?
24 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 24 of 198 PageID# A. Well, obviously I took a loss. It's just 14 kind of like difficult to prove certain things. I 15 don't know much about laws. I couldn't defend 16 myself that well. That's what happened. 17 Q. So you ended up paying for the computer? 18 A. Yes. 19 Q. Any other times you've been sued? 20 A. No. 21 Q. Other than the case we're in now, have you 22 ever filed any sort of complaint with any state or 23 federal agency against an employer? 24 A. No, never had to Q. And have you testified under oath at any 2 time other than today? 3 A. Well, for -- actually, no. 4 Q. Were you in Small Claims Court for the 5 thing with the computer? 6 A. Yes. 7 Q. Now, is your wife provided health insurance 8 with her job? 9 A. No. I provide for her. 10 Q. And what's your monthly premium? 11 A. I don't know. It's taken out of the 12 insurance in my check. I work for AutoZone in the
25 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 25 of 198 PageID# evening. That's where I get my benefits. 14 Q. I was going to ask about that. 15 A. I don't get anything in the day. 16 Q. You say you work there in the evenings? 17 A. Yes. 18 Q. What time do you start working there? 19 A. I start work at three or four, depending. 20 Q. Depending on A. The manager's need or the store need. 22 Q. Is that every day? 23 A. Every day. 24 Q. And how many hours do you work there? 25 1 A. About 38, 39, depending. As needed. 2 Q. What's your position there? 3 A. Part sales manager. 4 Q. And you get your health insurance through 5 AutoZone? 6 A. Yes. 7 Q. We'll get into that maybe a little bit 8 later. 9 Now, when did you first consult with an 10 attorney about this case? And again, I don't want 11 you to tell me anything that was said between you
26 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 26 of 198 PageID# and your attorneys. 13 A. I don't know, like about two years ago, 14 something like that, maybe three years ago. I'm not 15 too sure when it was. It's just when they made a 16 big change and they really cut us. And I went in 17 and I spoke to the guy and said, "Listen. We've got 18 this problem" MR. SIMPSON: Don't say what you said to 20 the attorney. No discussions about what you said. 21 Q. Well, what was the big change? 22 A. There was a cut. I guess they lost an 23 account. I don't remember exactly what it was. All 24 I can remember is we took a big hit Q. In what way did you take a big hit? 2 A. Financial. 3 Q. Well, how so? Did they lower the amount 4 you were getting paid? 5 A. They've been lowering since they first 6 started. They've been looking for excuses to lower 7 it since we first started. If we did the job or if 8 we did the route too fast or the job was too easy, 9 we're cut in pay, you know, things like that. 10 Q. And this started when? A couple of years 11 ago?
27 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 27 of 198 PageID# A. No. This started from the beginning. 13 Q. You mentioned the big hit that you took a 14 couple of years ago. I'm just trying to understand 15 exactly what the big hit you're talking about was. 16 A. I'm trying to remember what exactly 17 happened. 18 Q. Take your time. 19 A. I remember I just walked in there, and I 20 said, you know -- I said, "We've been here for the 21 longest time. What are you going to do for us, you 22 know, to take care of us?" 23 See, I'm not -- I think it was that 24 Cardinal lost some hospitals or some accounts. So 27 1 that meant that everybody came down and took a loss. 2 Q. Everyone who was doing deliveries for 3 Cardinal? 4 A. Yes. 5 Q. So Cardinal didn't have -- 6 A. Cardinal, they're not that great when they 7 do their thing. So we have to take the hit from 8 them. Any mistake or anything, we have to take 9 responsibility for it. That's what we were told. 10 Q. Any mistake by Cardinal, you mean?
28 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 28 of 198 PageID# A. If they're late, it's because our truck 12 broke down, even if they didn't. Because they're a 13 multimillion company, they cannot make mistakes. We 14 can make mistakes, not them. That's what we were 15 told. 16 Q. When you say "If they're late," what do you 17 mean, "If they're late"? 18 A. Shipping. They bring the truckload to the 19 dock, and then from there on, we take it on. 20 Q. Okay. So if the Cardinal truck is late 21 getting to where you pick up the materials, that's 22 what you're talking about? 23 A. Yes. 24 Q. And you're saying Cardinal blames you for 28 1 that, if the deliveries -- 2 A. Well, Cardinal wanted us to take the blame. 3 The company, actually LaserShip were the people who 4 told us, "You have to take the blame." 5 And they actually went to the point where 6 they actually called the pharmacies and said, "He's 7 late because his truck broke down." When I showed 8 up before, like, maybe 10 or 15 minutes later, they 9 said, "What happened? They just called us telling 10 us that you guys screwed up or your truck was bad.
29 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 29 of 198 PageID# What happened." 12 Q. Is that something that just happened once? 13 A. No. It happened many times. 14 Q. You're saying somebody from LaserShip 15 called the pharmacy and said your truck broke down? 16 A. Yes. 17 Q. When did that happen? 18 A. That happened at the beginning, like I 19 said. Everything is, like -- well, exactly when? I 20 don't know, because it's been many years, and 21 it's -- the thing goes on back and forth. 22 Q. So you can't tell me exactly when that 23 happened, that thing A. No, but I can try to find out the 29 1 pharmacists, because they're still around, to see 2 who of them remembers that, because I know a lot of 3 them remember that. 4 Q. Do you know made that phone call from 5 LaserShip? 6 A. No. 7 Q. Do you remember the name of the pharmacy? 8 A. They get transferred from place to place. 9 So I wouldn't name the pharmacy; it will be the
30 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 30 of 198 PageID# pharmacist. But then I would have to ask them, see 11 who remembers. 12 Q. So as you sit here today, you can't 13 remember the name of the pharmacy? 14 A. Exactly. It just didn't happen at one 15 pharmacy. It happened, you know, every other Q. Can you remember any of the pharmacies this 17 happened at? 18 A. Mostly like CVS. Exactly which one it 19 is -- I remember the person, not so much the place. 20 Q. Do you remember any of the names of the 21 people? 22 A. No. Like I say, I got to see it visually, 23 because they get transferred constantly. 24 Q. Do you know who made these phone calls from 30 1 LaserShip that you're talking about? 2 A. No. 3 Q. So when we started this part of the 4 conversation, you were mentioning a big hit that you 5 took maybe a couple of years ago. Can you remember 6 exactly when or not? 7 A. It's been more than a couple. I mean, we 8 just took one not too long ago. They cut us pay. 9 What was the excuse this time? They said that, "Oh,
31 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 31 of 198 PageID# well, everybody should make money. So just to make 11 it fair, we're going to cut the price that we pay 12 you for delivery of the pharmaceuticals, and then 13 we're going to stick in there Amazon.com, and then 14 we'll stick in there Office Max," which obviously 15 that doesn't pay anything. 16 Q. What do you mean, "stick in there"? Having 17 you take deliveries A. What they want to do is restructure the 19 route. They haven't done it. First they said, 20 "We're going to cut your pay first, and then we'll 21 see how we're going to do this." So now we're 22 waiting to see what's the outcome going to be as to 23 what we're going to get. We used to get paid by 24 stop. The other ones are paid by package Q. So Cardinal pays you by the stop? 2 A. Not Cardinal. LaserShip pays by the stop. 3 I don't deal directly with Cardinal. 4 Q. I'm just trying to understand what you mean 5 by -- so LaserShip pays by the stop, and you said 6 the other ones pay by the package? Who are the 7 other ones? 8 A. Package. Well, Amazon.com. The same
32 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 32 of 198 PageID# company, LaserShip, but they pay those by package. 10 Q. So you're used to, when you do deliveries 11 for Cardinal, being paid by the stop, but with 12 Amazon it will be by the package, is what you're A. Yes, Amazon.com will be paid by the 14 package. 15 Q. Do you currently carry packages, make 16 deliveries for Amazon? 17 A. No. I did before, on Saturdays, but I 18 stopped, because they had a secret meeting, I guess, 19 and they cut the pay. 20 Q. Let's back up just a little bit. So there 21 was a time when you delivered some Amazon packages, 22 right? 23 A. Yes. 24 Q. For how long? 32 1 A. It was like about a month. The problem 2 with that is, it's too unstable; you never know 3 what's going to happen the next day. So when they 4 did that cut, they didn't tell me about it, I 5 decided to stop. I said, "No more. That's it. I'm 6 tired of it." 7 Q. Now, with Amazon, you said you don't know 8 what's going to happen the next day. What do you
33 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 33 of 198 PageID# mean by that? 10 A. Means one day they can cut the packages or 11 they can cut the pay or they can send you to one 12 place or send you another. They're not consistent. 13 It's too inconsistent. 14 Q. So it's a little unpredictable, the Amazon 15 deliveries? 16 A. Exactly. 17 Q. And do you know -- when you were doing 18 Amazon deliveries, did you know how many deliveries 19 you would have to make on a day, or did that change 20 a lot too? 21 A. That depended on what they had. It could 22 be 100, like it could be 50. That changed from day 23 to day. But that was on Saturday. I only did it on 24 Saturdays Q. I'm sorry. I didn't -- 2 A. I only did that on Saturdays. 3 Q. So you stopped -- when was this going on? 4 When were you delivering? How long ago was it for 5 Amazon? 6 A. About a year ago, two years maybe. What I 7 did notice is that they changed the pay for the
34 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 34 of 198 PageID# stops for LaserShip. So I went and I spoke to them 9 about it, and they said, "Oh, it's a mistake," and 10 they put it back to what it was. 11 Q. And the rate that you get paid per stop, is 12 that in your contract? 13 A. It should be in the contract. That's 14 precisely what I hit them with. "This is the 15 contract that I have. Why do you pay me this?" 16 Q. Oh, okay. Did they change it back after 17 you pointed that out? 18 A. They had to. 19 Q. Sure. It makes sense. 20 A. That's when MR. SIMPSON: Let him ask the question, 22 okay? 23 Q. At the end, if there is anything I missed, 24 you can obviously fill me in on that too. That's 34 1 fine. 2 All right. So Amazon you weren't too happy 3 about doing, because it was too unpredictable; is 4 that fair to say? 5 A. (Nods head) 6 Q. And you didn't like the way you were being 7 paid for Amazon packages?
35 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 35 of 198 PageID# A. Well, not so much -- the inconsistency. If 9 I make a deal with you, let's keep it. Not halfway 10 around the corner, "Oh, you know what? We changed 11 our minds." 12 Q. Now, I take it there are other drivers at 13 LaserShip that still deliver for Amazon? 14 A. Yes. 15 Q. That's just something you didn't want to 16 do? 17 A. Yes, exactly. 18 Q. Who did you tell at LaserShip, "I don't 19 want to deliver Amazon packages"? 20 A. To the person who I spoke to, to everybody. 21 Anybody who is willing to listen to me, I will tell 22 them. "I don't like it. This is the reason why." 23 Q. When you were doing Amazon, were you still 24 doing Cardinal packages at the same time? 35 1 A. Yes. 2 Q. And when you said you didn't want to do 3 Amazon deliveries anymore, did they take you off 4 Amazon deliveries? 5 A. Yes, because it is not my primary thing. 6 Cardinal was primary.
36 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 36 of 198 PageID# Q. Cardinal is your primary thing? 8 A. Yes. That's what I got hired for. The 9 other one is just to make extra. 10 Q. Let's back up a little. How long have you 11 been delivering packages for LaserShip? 12 A. It's going to be about seven years now, I 13 think. Seven, eight years. 14 Q. How did you find out about LaserShip? 15 A. Because there was a job, it came out in the 16 newspaper, saying about delivering paychecks. 17 That's what I started with, paychecks. Then it came 18 to a point where we had -- we were delivering, and 19 then my paycheck was inconsistent. 20 So I went and I looked it up, and I saw 21 that they were taking one stop -- let's say if one 22 stop had two different companies, they wanted to pay 23 the one stop, not the two, not for two different 24 companies. But when I first started working there, 36 1 they were paying me per company, per check. 2 Q. When did you first notice this problem, 3 that they weren't paying you for -- 4 A. Well, when I saw the check. The exact 5 dates, I don't know. But when I saw it, I went and 6 I spoke to -- what was his name then? I don't
37 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 37 of 198 PageID# remember his name. He doesn't work there anymore. 8 And I told him, I said, "You know, this is no good 9 for me." 10 He goes, "Well, why am I going to pay you 11 for two packages when you're going to the same 12 place?" That's when they started with their, you 13 know, pay per stop. I said, "All right." 14 Q. Was it, I don't know, three years ago, five 15 years ago? Any idea? 16 A. About seven years ago, six years ago. 17 Q. That's when this happened? 18 A. Yes -- or, no. That was at the beginning. 19 Then I quit. I said, "I'm leaving." And he said to 20 me, "Do you know anybody who has a truck?" I said, 21 "Why?" He goes, "Because we just got an account. 22 It's with Cardinal," which obviously I didn't know 23 who it was for. 24 And I looked it up, and I said, you know, I 37 1 remember -- because they had the list of routes you 2 had to pick, but I couldn't pick it until I finished 3 work, which was ridiculous, because I said, "Then 4 everybody is going to come and pick if I can't pick 5 before that." So I had to wait until the end, and
38 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 38 of 198 PageID# what was left is what I took, and that's the route 7 that I had before. 8 Q. All right. So describe this process to me 9 again about, you know, picking the route. 10 A. Well, they had a list, different towns, you 11 know, and that this is Route 928, per se, and this 12 is 361. You put your name right next to it, and 13 then you get the route if your vehicle is big 14 enough. 15 Q. So assuming you fulfilled the expectations 16 from the customer, I guess, your truck was big 17 enough, being one example, you would pick which 18 route you wanted to do, right? 19 A. Well, you pick one route. They decided if 20 you're going to have it or not. 21 Q. So you could express, I guess, a preference 22 for which route you wanted to do? 23 A. You could say something, but, you know, it 24 was like whoever -- first come, first served That's what it was, first come, first served. 2 Q. So if somebody got there ahead of you, they 3 might get the one you wanted? 4 A. Exactly. 5 Q. So how long ago was it that they mentioned
39 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 39 of 198 PageID# Cardinal to you for the first time? 7 A. About seven years ago, seven, eight years 8 ago. 9 Q. And then did you get -- at that time did 10 you get the route you wanted? 11 A. I got what got left. To me it was -- it is 12 just a job, so I said, "I'll take it." 13 Q. You didn't care which one? 14 A. No. We had no choice. 15 Q. And did you already have a truck at that 16 time? 17 A. Yes. I had one from FedEx. 18 Q. What kind of truck was it? 19 A. FedEx. It was a 2003 Express 3500, dual 20 axle. 21 Q. Is that a Chevy or a Ford? 22 A. Chevrolet, yes. 23 Q. And that's the same one you were using at 24 FedEx, right? 39 1 A. Yes. 2 Q. And how long did you use that truck for? 3 A. Until, I don't know, about, like, last 4 month, I guess. I got a new truck. The truck fell
40 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 40 of 198 PageID# apart. 6 Q. I was going to ask why you got a new one. 7 A. It fell apart. That thing was too many 8 problems. 200 something miles on it. 9 Q. What kind of truck do you have now? 10 A. It's a 2006 Express 3500, but it's a ten- 11 footer. 12 Q. So smaller than the other one? 13 A. Yes. Way smaller. It's considered a van, 14 actually. 15 Q. Is that also a Chevy A. Yes, Chevy. 17 Q. Now, the larger truck you used to have, for 18 the Cardinal route, you needed to have a larger 19 truck; is that right? 20 A. Yes. 21 Q. But you no longer need a large truck for 22 the Cardinal route? 23 A. No, because it's less load. 24 Q. Less load now than you used to have? 40 1 A. Yes. 2 Q. Do you have any idea how much your current 3 truck weighs? 4 A. My guess is under 10,000, something to that
41 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 41 of 198 PageID# effect. That's what they say. Don't even have to 6 deal with the DOT or anything like that. 7 Q. I understand. With the old one you did? 8 A. Yes. 9 Q. It was over 10,000? 10 A. Yes. 11 Q. So I was going to ask you how you first 12 started working at LaserShip, but I guess you told 13 me you saw an ad in the paper; is that right? 14 A. Yes. 15 Q. And initially you were delivering 16 paychecks? 17 A. Paychecks. 18 Q. And after how long did you start delivering 19 for Cardinal? 20 A. About a year after, maybe less than that. 21 It didn't last that long. 22 Q. I forgot to ask you, do you have a resume? 23 A. Do I have a resume? Not one made, no. 24 Q. Did you ever have one? 41 1 A. Yes. A long time ago, yes. 2 Q. Now, I guess, as of right now, are you an 3 employee of LaserShip or an independent contractor?
42 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 42 of 198 PageID# MR. SIMPSON: Objection to the form. You 5 can answer. 6 A. I don't know. 7 Q. Okay. 8 A. The situation is, they tell me I'm 9 independent, but I'm treated like an employee. So 10 it's confusing. You know, I mean, if you get -- if 11 there's a problem, you're supposed to have 12 litigation, they just say, "You're fired. See you." 13 I've seen that happen, which is, like, I don't 14 understand. You see what I mean? 15 Q. Well, I guess, are you saying that if 16 you're an independent contractor, they shouldn't be 17 able to fire you? 18 MR. SIMPSON: Objection to the form. You 19 can answer. 20 A. They should follow what the contract says. 21 I go by the contract. This is what we did. We made 22 a deal. We made a contract. So when you step over 23 it or you don't do what you're supposed to, then 24 there's a problem there Q. * So are you saying that the contract 2 doesn't allow LaserShip to fire you? 3 A. They can dismiss me. We've got to talk
43 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 43 of 198 PageID# about it and give me time, just like the contract 5 says, not just from one day to the other, "See you." 6 That's not what's in the contract. Then if not, why 7 do you have a contract for? ** 8 Q. Do you know of people who have been just -- 9 A. Yes. 10 Q. -- fired? 11 A. Yes. 12 MR. SIMPSON: Let him finish asking the 13 question so your answer for the record is clear. 14 Q. I know you know where I'm going, but it's 15 important for the court reporter. 16 MR. HOFFMAN: And you can speak up, by the 17 way. 18 MR. SIMPSON: Slow it down too, for her 19 sake. 20 MR. HOFFMAN: I'll do the same. I have a 21 tendency to talk quickly. 22 Can you read back the last exchange now. 23 (Record read from * to **) 24 MR. HOFFMAN: Okay Q. And you mentioned you are aware of people 2 who have been just let go?
44 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 44 of 198 PageID# A. Yes. 4 Q. With no notice? 5 A. Yes. 6 Q. Do you remember any of the names of those 7 folks? 8 A. No. 9 Q. Do you remember when this happened? 10 A. It's happened throughout the years. 11 Q. Do you know why these guys were let go? 12 A. Some cases they -- there's breach of the 13 regulations, and other cases I don't know why. 14 Q. What kind of regulations were breached? 15 A. Could be, like -- well, signature. We have 16 to have all papers signed, and either the guy signed 17 or he didn't sign or signed it himself. Some of the 18 pharmacists tell you, "Go ahead, you can sign for 19 me." Obviously -- I say no. I don't know what 20 other people do. I say I can't. 21 Q. So is that the sort of situation where you 22 believe someone was just let go with no notice? 23 A. Yes. 24 Q. But you don't remember, as you sit here 44 1 today, who that -- 2 A. Exactly, no.
45 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 45 of 198 PageID# Q. Now, how did you come to understand why 4 that individual was terminated? 5 A. You ask. You hear it through the 6 grapevine, let's say, what happened. I never go to 7 the source. I mean, it's none of my business. 8 They're not going to tell me anyhow. 9 Q. So these are things you heard through the 10 grapevine. 11 A. Yes. 12 Q. And you never actually asked either the 13 person who was terminated THE WITNESS: Can I ask a question, one 15 second? 16 MR. HOFFMAN: I have a question pending. 17 MR. SIMPSON: There's a question pending. 18 You have to answer the question. 19 A. What's the question again? 20 MR. HOFFMAN: Can you read it back. 21 (Question read) 22 Q. I'll rephrase that one. No, actually, I 23 think it's clear enough. You can go ahead and 24 answer that one A. Yes.
46 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 46 of 198 PageID# Q. You did ask the person who was terminated 3 or you didn't? 4 A. Yes, one person. 5 Q. Do you remember who that was? 6 MR. SIMPSON: You can say his name. 7 A. Gerard. 8 Q. Is that Gerard Edmond? 9 A. Yes. 10 Q. So A. See, there's a lot of others, but I don't 12 see them there anymore. So it's like I can't have 13 actually contact with them. I've spoke to them and 14 everything, but it's not like I keep contact with 15 them. 16 Q. The conversation with Mr. Edmond, what did 17 you say to him and what did he say to you? 18 MR. SIMPSON: Just for clarity, this 19 conversation occurred outside the presence of an 20 attorney? It was just you and him? 21 THE WITNESS: Uh-huh. 22 MR. SIMPSON: Okay. 23 A. I just asked him -- he just called me up 24 and he said, "They just let me go." I said, "Why? 46 1 What happened?"
47 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 47 of 198 PageID# And so he explained to me, "I went over 3 here to the pharmacy, and I left -- I dropped off 4 the stuff like I usually do, but they had somebody 5 new. And because it was a new person, that new 6 person called," and he had been doing everything the 7 same way. So he goes in there, they let him sign 8 for it, and he just leaves. 9 Q. So Gerard Edmond signed something he 10 shouldn't have signed; is that right? 11 A. Well, I think he should have let the people 12 sign that. Well, see, like, the pharmacist will 13 say, "Go ahead and you sign it," but you never know 14 who's going to be there. Like I say, they switch 15 them. 16 Q. So some pharmacists will have you sign for 17 that, and others will A. -- will let you do it. Some won't. 19 Q. And he signed for something A. He took that option, yes. 21 Q. So he signed for something he shouldn't 22 have signed for? 23 A. Well, he should or not, that depends, 24 because the pharmacist is the one who says, "Go 47
48 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 48 of 198 PageID# ahead and do it." So he's the one who's making the 2 decision right there. 3 Q. Well, on that date, did the pharmacist tell 4 him, "You can go ahead and sign for me"? 5 A. That, I don't know. I wasn't there. I 6 didn't ask him that. 7 Q. And Mr. Edmond told you he was just let go? 8 A. Yes. 9 Q. So other than Mr. Edmond, can you remember 10 anybody else who was let go with no notice? 11 A. There was another guy we called Tyson, but 12 I don't remember his name, and he got into an 13 argument. The next thing, he was gone. 14 The guy who I took over the route, the 15 guy's name was Jimmy. I don't know what the 16 situation was also. I know he went to the office, 17 and he came out, blowing, just left. Never saw him 18 again. 19 Q. But you're not really sure why he was let 20 go? 21 A. From what I understood from what he said 22 before he left is that, you know, they wanted to 23 switch him to another route, but he didn't want to. 24 Q. Is that something he told you, or is that 48
49 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 49 of 198 PageID# something you heard through the grapevine? 2 A. No, that's something he said before he 3 left. 4 Q. And what was his name? 5 A. Jimmy. I don't know the last name. That's 6 the problem. 7 Q. And as far as Tyson, do you know why he was 8 let go, or do you just base it on -- 9 A. I don't know, but I would assume Q. -- what you heard through the grapevine? 11 You have to let me finish. 12 A. Sorry. 13 Q. I understand why you're doing it, but we do 14 need to separate our questions and answers. 15 Do you know for a fact why he was let go? 16 A. No, but I would assume it was because he 17 got into an argument with the warehouse manager 18 then. 19 Q. But you never talked to him about that, 20 Tyson? 21 A. No. No, because he -- that day that he 22 took off, that was it. I saw him a couple of days 23 after -- not a couple of days, actually about a year 24 after. And what he said was, you know, he wanted to 49
50 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 50 of 198 PageID# kick this guy's butt. That's it, no more. I just 2 left it at that, because he's like -- he looked like 3 Tyson too. That's why we called him Tyson. 4 Q. He liked like Mike Tyson? 5 A. Yes. 6 Q. So Tyson wasn't his real name? 7 A. No. 8 Q. I probably wouldn't want to fight him 9 either. 10 Okay. So you have an idea why this Tyson 11 character was let go, but you don't have any direct 12 knowledge; is that fair? 13 A. Well, from what I understand, from what I 14 understood, it's just the argument between them. 15 Q. And the other gentleman, Jimmy, you did 16 speak to him, and he said that they were going to 17 change his route? 18 A. (Nods head) 19 Q. Okay. Did he quit or was he fired? 20 A. I just saw him walk out, and I -- what I 21 heard was, "We got rid of him, so you got his 22 route." 23 Q. Who did you hear that from? 24 A. That was Brandon. He's still there. 50
51 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 51 of 198 PageID# Q. And then you took over that route? 2 A. Yes. 3 Q. So this is -- 4 A. Which is the one I got -- 5 Q. -- six years ago, roughly? 6 A. About. 7 Q. So we've gone over Gerard Edmond, the 8 gentleman who looked like Mike Tyson, and Jimmy. 9 Can you think of any other drivers who were let go 10 with no notice? 11 A. No, because everything else is through the 12 grapevine. So it's not really Q. Now, when you first took your position with 14 LaserShip, was your understanding that you were 15 going to be an independent contractor? 16 A. Yes. 17 Q. Is that what you wanted? 18 A. That's what I looked for MR. SIMPSON: Objection to the form. You 20 can answer. 21 Q. He's just objecting to the form. You can 22 still answer the question. If he doesn't want you 23 to answer something, I'm sure he will tell you very 24 explicitly. 51
52 Case 1:12-cv GBL-TRJ Document Filed 11/21/12 Page 52 of 198 PageID# So you did want to be an independent 2 contractor when you started with LaserShip? 3 MR. SIMPSON: Objection. 4 A. Yes. 5 Q. Why did you want to be an independent 6 contractor? 7 A. Because I'm on my own. I don't have 8 anybody bugging me all day long. Just like FedEx. 9 I do my own. I got my route. I go do it. As long 10 as it gets done, regardless of the time, it's done. 11 Q. And you already had your own truck, right? 12 A. Yes. 13 Q. And you already knew how to drive and make 14 deliveries, right? 15 A. Yes. 16 Q. Did you require any training when you got 17 to LaserShip? 18 A. No. 19 Q. So I just want to make sure we cover all of 20 your history of working. Before you were with 21 LaserShip, you were with FedEx, right? 22 A. Yes. 23 Q. FedEx Ground? 24 A. FedEx Home Delivery.