Preview
1 LISA LIN GARCIA, Bar No. 260582 Electronically Filed
llgarcia@littler.com Superior Court of California
2 LITTLER MENDELSON, P.C. County of San Joaquin
333 Bush Street, 34th Floor 2022-02-25 16:47:01
3 San Francisco, CA 94104 Clerk: Irving Jimenez
Telephone: 415.433.1940
4 Fax No. 415.399.8490
5 NICHOLAS W. MCKINNEY, Bar No. 322792
nmckinney@littler.com
6 LITTLER MENDELSON, P.C.
500 Capitol Mall
7 Suite 2000
Sacramento, CA 95814
8 Telephone: 916.830.7200
Fax No.: 916.561.0828
9
Attorneys for Defendant
10 UNITED PARCEL SERVICE, INC.
11
SUPERIOR COURT OF CALIFORNIA
12
COUNTY OF SAN JOAQUIN
13
SHAUN MEDINA, Case No. STK-CV-UWT-2019-0010377
14
Plaintiff, Hon. George J. Abdallah, Dept. 10A
15
v. DEFENDANT’S COMPENDIUM OF
16 EVIDENCE IN SUPPORT OF ITS REPLY
UNITED PARCEL SERVICE, INC. TO PLAINTIFF’S OPPOSITION TO
17 and DOES 1-100, inclusive, DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT OR, IN THE ALTERNATIVE,
18 Defendant. SUMMARY ADJUDICATION
19 DATE: March 3, 2022
TIME: 9:00 AM
20 DEPT: 10A
21
22
23
24
25
26
27
28
DEFENDANT’S COMPENDIUM OF EVIDENCE IN SUPPORT OF ITS REPLY TO PLAINTIFF’S OPPOSITION
LITTLER MEND ELSO N, P.C.
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814 TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION
916.830.7200
1 TO PLAINTIFF SHAUN MEDINA AND HIS ATTORNEYS OF RECORD:
2 Pursuant to California Rule of Court 3.1110(f) and California Rule of Court
3 3.1350(c)(4) and (g), Defendant UNITED PARCEL SERVICE, INC. (“Defendant”) hereby submits
4 the following index of exhibits in support of its Reply to Plaintiff’s Opposition to Defendant’s Motion
5 for Summary Judgment or, in the Alternative, Summary Adjudication.
6
Tab/Exhibit Name/Description Page
7 Tab 1 Declaration of Nicholas W. McKinney
3
8 Exhibit A Relevant excerpts from the multi-
volume transcript of the deposition of 6
9 Plaintiff Shaun Medina, taken on May
12, 2021 and June 22, 2021.
10 Exhibit B Relevant excerpts from the multi-
volume transcript of the deposition of 13
11 Luis Pinedo, taken on December 13,
2021.
12 Tab 2 Declaration of Renee Rea
39
13 Exhibit A Redacted copy of Plaintiff’s March 16,
2017 medical record. 42
14 Exhibit B Redacted copy of Plaintiff’s March 22,
2017 medical record. 44
15
16 Dated: February 25, 2022
17
18 LISA LIN GARCIA
NICHOLAS W. MCKINNEY
19 LITTLER MENDELSON, P.C.
Attorneys for Defendant
20 UNITED PARCEL SERVICE, INC.
21 4857-3129-2945.1 / 101661-1006
22
23
24
25
26
27
28 2.
DEFENDANT’S COMPENDIUM OF EVIDENCE IN SUPPORT OF ITS REPLY TO PLAINTIFF’S OPPOSITION
LITTLER MEND ELSO N, P.C.
500 Capitol Mall
Suite 2000
Sacram ento, CA 95814 TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION
916.830.7200
TAB 1
1 LISA LIN GARCIA, Bar No. 260582
llgarcia@littler.com
2 LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
3 San Francisco, CA 94104
Telephone: 415.433.1940
4 Fax No.: 415.399.8490
5 NICHOLAS W. MCKINNEY, Bar No. 322792
nmckinney@littler.com
6 LITTLER MENDELSON, P.C.
500 Capitol Mall
7 Suite 2000
Sacramento, CA 95814
8 Telephone: 916.830.7200
Fax No.: 916.561.0828
9
Attorneys for Defendant
10 UNITED PARCEL SERVICE, INC.
11
SUPERIOR COURT OF CALIFORNIA
12
COUNTY OF SAN JOAQUIN
13
SHAUN MEDINA, Case No. STK-CV-UWT-2019-0010377
14
Plaintiff, Hon. George J. Abdallah, Dept. 10A
15
v. SUPPLEMENTAL DECLARATION OF
16 NICHOLAS W. MCKINNEY IN SUPPORT
UNITED PARCEL SERVICE, INC. OF DEFENDANT UNITED PARCEL
17 AND DOES 1-100, inclusive, SERVICE, INC.’S MOTION FOR
SUMMARY JUDGMENT OR, IN THE
18 Defendant. ALTERNATIVE, SUMMARY
ADJUDICATION
19
DATE: March 3, 2022
20 TIME: 9:00 AM
DEPT: 10A
21
22
23
24
25
26
27
28
LITTLER MEND ELSO N, P.C.
500 Capitol Mall
Case No. STK-CV-UWT-2019-0010377
SUPPLEMENTAL DECLARATION OF NICHOLAS W. MCKINNEY IN SUPPORT OF DEFENDANT UNITED
Suite 2000
Sacram ento, CA 95814
PARCEL SERVICE, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
916.830.7200
ADJUDICATION
1 I, Nicholas W. McKinney, declare:
2 1. I am an attorney licensed to practice law before all courts in the State of
3 California, and I am employed as an attorney in the Sacramento office of Littler Mendelson, P.C.,
4 attorneys of record for Defendant United Parcel Service, Inc. (“Defendant”). I have personal
5 knowledge of the following facts set forth in this Declaration, and if called to testify, I could and would
6 competently testify thereto.
7 2. On May 12, 2021 and June 22, 2021, I attended and took the deposition of
8 Plaintiff Shaun Medina in the above-captioned matter. In response to allegations made by Plaintiff in
9 his opposition to Defendant’s Motion for Summary Judgment additional excerpts of the deposition
10 testimony are necessary to include in evidence in this matter. A true and correct copy of the relevant
11 testimony excerpts from Plaintiff’s multi-volume deposition transcript are attached hereto as Exhibit
12 A and are incorporated herein by reference.
13 3. On December 13, 2021, I attended and took the deposition of Luis Pinedo in
14 the above-captioned matter. In response to allegations made by Plaintiff in his opposition to
15 Defendant’s Motion for Summary Judgment excerpts of the deposition testimony are necessary to
16 include in evidence in this matter. A true and correct copy of the relevant testimony excerpts from
17 Luis Pinedo’s deposition transcript are attached hereto as Exhibit B and are incorporated herein by
18 reference.
19 I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct. Executed this 25th day of February 2022 at Sacramento, California.
21
22
23 NICHOLAS W. MCKINNEY
24
25 4856-9098-2417.1 / 101661-1006
26
27
28
LITTLER MEND ELSO N, P.C.
500 Capitol Mall
Case No. STK-CV-UWT-2019-0010377
SUPPLEMENTAL DECLARATION OF NICHOLAS W. MCKINNEY IN SUPPORT OF DEFENDANT UNITED
Suite 2000
Sacram ento, CA 95814
PARCEL SERVICE, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
916.830.7200
ADJUDICATION
EXHIBIT A
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 COUNTY OF SAN JOAQUIN
3
___________________________
4 )
)
5 SHAUN MEDINA, )
)
6 Plaintiff, )
)
7 vs. ) Case No.
) STK-CV-UWT-2019-0010377
8 UNITED PARCEL SERVICE, )
INC., VIVIAN DOE, and DOES )
9 1 to 100, inclusive, )
)
10 Defendants. )
)
11 ___________________________)
12
13
14 REMOTE VIDEOTAPED DEPOSITION OF SHAUN MEDINA
15 Manteca, California
16 Wednesday, May 12, 2021
17 Volume I
18
19
20
21 Reported by:
CHRIS TE SELLE
22 CSR No. 10836
23 Job No. 4560296
24
25 PAGES 1 - 188
Page 1
Veritext Legal Solutions
866 299-5127
1 EXHIBITS (Cont'd)
2 EXHIBIT NUMBER PAGE
3 Exhibit 9 work status recommendations for 121
encounter date 3/2/2017, Shaun Medina,
4 Bates UPS (S. Medina) - 0000148, 1 p.
5 Exhibit 10 work status recommendations for 122
encounter date 3/9/2017, Shaun Medina,
6 Bates UPS (S. Medina) - 0000180, 1 p.
7 Exhibit 11 work status recommendations for
encounter date 3/16/2017, Shaun Medina,
8 Bates UPS (S. Medina) - 0000178, 1 p.
marked, not referenced by number
9
Exhibit 12 Shaun Medina text messages, Bates 131
10 SM000085 to 103, 20 pp.
11 Exhibit 13 Shaun Medina text messages, Bates
SM000112, 2 pp.
12 marked, not referenced by number
13 Exhibit 14 Shaun Medina text messages, 2 pp. 170
14 Exhibit 15 Shaun Medina text messages, Bates 172
UPS (S. Medina) - 0000731 to 736, 6 pp.
15
Exhibit 16 letter from Dave Goshen to Shaun 180
16 Medina, 3/13/2017, Bates SM000069, 1 p.
17
18 DOCUMENTS/INFORMATION REQUESTED
19 PAGE LINE
20 139 13
21
22 INSTRUCTION NOT TO ANSWER
23 PAGE LINE
24 29 8
25
Page 5
Veritext Legal Solutions
866 299-5127
1 A. Yes. 01:42:49
2 Q. Okay. Okay. While you were employed at
3 UPS, who were your supervisors?
4 A. Oh, God. In no, in particular order?
5 Q. I mean, so, did you have multiple direct 01:43:18
6 supervisors?
7 A. I had multiple direct supervisors,
8 correct.
9 Q. Okay, then, yeah, so, you can just give me
10 the list of your direct supervisors. 01:43:30
11 A. Okay. Vivian, Chris, Vivian, Chris,
12 Kevin, JT, Luis, Denise, Yvette, I'm pretty sure I
13 said Chauncy, and then there's just faces. I can't
14 recall the names.
15 Q. Were these all direct supervisors, or did 01:44:12
16 you have like a shift manager that you were always
17 working with?
18 A. The shift manager was Vivian, and I never
19 worked side by side with her.
20 Q. Okay. What is the, what's the title of 01:44:33
21 the position of the person that's right above you,
22 as a loader/unloader?
23 A. Truck driver, perhaps? I'm not too sure.
24 I don't know. I don't know.
25 Q. But, in the warehouse, don't you have a, 01:44:55
Page 104
Veritext Legal Solutions
866 299-5127
1 Q. Okay, and, the next one. 02:12:59
2 A. Is March 11?
3 Q. It's loading.
4 A. Oh, okay.
5 Q. Okay, it should be up there. 02:13:41
6 A. March 16?
7 Q. Yes. And, again, the work status on this
8 one says, I recommended to modified work duties. No
9 lifting greater than 20-pounds, and no overhead
10 work. 02:14:09
11 Is that accurate?
12 A. That's accurate.
13 Q. That's all I need from those documents.
14 So, are you familiar with small sort
15 position? 02:14:29
16 A. Oh, yes.
17 Q. So, at some point, did you get placed in
18 the small sort position?
19 A. Yes.
20 Q. Do you know about when that was? 02:14:40
21 A. I don't know the date. I don't know the
22 dates. I'm like, at this point, dates are too,
23 coming too in and out. Without me seeing a
24 timeline, I'm kind of, I don't want to start
25 answering incorrect. 02:15:07
Page 123
Veritext Legal Solutions
866 299-5127
athena 3/18/2017 6:24:01 PM PAGE 2/002
Dame ron OccuoationatMedicine .420 We stAcacia Street, STOCKTON CA 95203-2441
MEDINA, SHAWN E (Id #31769, dob: Redacted
ers
Dame ron Occu patio nat Medic ine
420 West Acacia Street, 5TOCKON CA 95203-2441
MEDINA, SHAWN E (Id #31769, dob: Redacted i
WORK STATUS RECOMMENDATIONS FOR ENCOUNTER
DATE:03116/2017
Provfrjer_
UPS-LATHROP i,BRAD DONALD TOURTLOTTE, MD.
11800 HARLAN RD OccupationaI Medicine
LATH ROP, CA i420 West Acacia Street
95330 STOCKTON, CA, 95203-2441
Phone: (209) 547-2340 iPhone: (209) 461-3196
Fax: Fax: (209) 461-3123
atent Name Medina, Shawn E
D tc' of Injury 01/10/2017
• RIGHT SHOULDER: Iwas loading a truck and picked up a box weighing
over 7OLBS, and felt a sharp pain to my shoulder, that forced me to drop
the box.
Sex DOB ML Redacted
H: (209) 691-9175
M: (209) 691-9175
LIBERTY MUTUAL
Policy Holder: IJPS-LATHROP
1. Sprain of shoulder -Right
543.91XD: Sprain of unspecified parts of right shoulder girdle,
subsequent encounter
• SHOULDER SPRAIN: CARE INSTRUCTIONS
Work Status
Discussion Notes
Patient is recommended to modified work duties. No lifting greater
than 20 pounds and no overhead work.
App oint rnn Follow up Appointment scheduled:
• Dan Stringari, PAC for WC FOLLOW UP at Occupational Medicine on
03/22/2017 at 02:40 PM
Time Trackin CHECK IN: [2:25 pm I CHECK OUT: [3:14pm]
Electronically Sicined by:DAN STRINGARI, PAC, PA
UPS (S. Medina) -0000178
1 I, the undersigned, a Certified Shorthand
2 Reporter of the State of California, do hereby
3 certify:
4 That the foregoing proceedings were taken
5 before me, via videoconference, at the time and
6 place herein set forth; that any witnesses in the
7 foregoing proceedings, prior to testifying, were
8 duly sworn; that a record of the proceedings was
9 made by me using machine shorthand which was
10 thereafter transcribed under my direction; that the
11 foregoing transcript is a true record of the
12 testimony given.
13 Further, that if the foregoing pertains to the
14 original transcript of a deposition in a Federal
15 Case, before completion of the proceedings, review
16 of the transcript [ ] was [ ] was not requested.
17 I further certify I am neither financially
18 interested in the action nor a relative or employee
19 of any attorney or party to this action.
20 IN WITNESS WHEREOF, I have this date subscribed
21 my name.
22 Dated: May 26, 2021
23 <%7040,Signature%>
24 CHRIS TE SELLE
25 CSR No. 10836
Page 188
Veritext Legal Solutions
866 299-5127
EXHIBIT B
1 SUPERIOR COURT OF CALIFORNIA
2 COUNTY OF SAN JOAQUIN
3
4 SHAUN MEDINA,
Plaintiff
5
VS. No. STK-CV-UWT-2019-0010377
6
UNITED PARCEL SERVICE,
7 INC., and DOES 1-100,
inclusive,
8 Defendant.
_______________________/
9
10
11
12 VIDEOTAPED DEPOSITION OF LUIS PINEDO
MONDAY, DECEMBER 13, 2021
13 VIA ZOOM
14
15
16
17
18
19
20
21
22 JOB NO. 4970172
23 REPORTED BY: DEBRA L. ACEVEDO-RAMIREZ, CSR. 7692
24 Arizona 50807
25 PAGES 1 - 114
Page 1
Veritext Legal Solutions
866 299-5127
1 load like, you know, boxes into trailers. This 09:22:25
2 was after -- this was what should have been 09:22:30
3 after the sort. It was really late about, I 09:22:32
4 want to say, 10:00 or 11:00. I don't really 09:22:35
5 remember -- 10:00 or 11:00. It was definitely 09:22:38
6 dark and I remember I was supposed to send him 09:22:41
7 home, and so I sent him over there and he told 09:22:43
8 me after he was done loading those big boxes, 09:22:45
9 you know, a lot of boxes, you know, his 09:22:49
10 shoulder is bothering him, and I said, you know 09:22:53
11 what, you know, go home and rest, don't worry 09:22:56
12 about it, text me if it's bothering you still, 09:23:01
13 so I can see what happens. 09:23:04
14 And that's when he said "If it's 09:23:05
15 still bothering me I want to get checked out 09:23:08
16 tomorrow. Who should I talk to?" 09:23:08
17 And, obviously, you know, I don't 09:23:11
18 handle injuries. I'm a part-time supervisor, 09:23:11
19 or operations supervisor, so I told him, you 09:23:13
20 know, I have to tell my full timers. So I said 09:23:16
21 I can tell TJ, but they told us to always tell 09:23:19
22 them when someone is injured, so they can go 09:23:22
23 see a -- whatever doctor is approved through 09:23:25
24 UPS. 09:23:30
25 Q. Okay. So, did -- on the fourth did 09:23:31
Page 49
Veritext Legal Solutions
866 299-5127
1 he tell you that he had injured his shoulder 09:23:37
2 doing something or that it was just -- or was 09:23:43
3 it like it's generally bothering me? 09:23:45
4 A. If I remember, I just remember 09:23:48
5 saying -- I just remember him saying, like, you 09:23:51
6 know, his shoulder feels sore. I don't 09:23:53
7 remember if he said anything else, but I 09:23:56
8 remember him saying it was sore, and I told 09:23:58
9 him, you know, go home and rest and message me, 09:24:01
10 you know, end of the sort. 09:24:07
11 Q. Okay. Did you end up telling TJ 09:24:08
12 that same day? 09:24:12
13 A. Yeah, I told TJ or Vivian -- it was 09:24:13
14 one of them. 09:24:16
15 Q. Okay. Did you have -- I mean, I 09:24:17
16 guess, let me clarify a little bit further. 09:24:27
17 A. Sure. 09:24:29
18 Q. It sounds like you were saying he 09:24:30
19 went to a different area on this day or at 09:24:33
20 least part of his shift he was working in a 09:24:37
21 different area. Would you have been his 09:24:40
22 part-time supervisor in that area as well? 09:24:42
23 A. No. Actually, I do -- the only 09:24:45
24 reason I remember this is because I remember 09:24:48
25 going over there, and I was watching and, um, 09:24:52
Page 50
Veritext Legal Solutions
866 299-5127
1 know what was the purpose behind this 09:28:29
2 discussion or what was the reasoning for this 09:28:31
3 text? 09:28:33
4 A. Um, I actually don't remember what 09:28:34
5 the reasoning. I want to say it was probably 09:28:39
6 because, you know, I already had a metro 09:28:41
7 unloader and they probably wanted me to send 09:28:44
8 him home. That's as far as I can remember. 09:28:47
9 Q. Okay. Did you ever tell him around 09:28:51
10 this time that he was laid off? 09:28:53
11 A. No. No. 09:28:54
12 Q. And what was your understanding of 09:28:57
13 the term "laid off" be? 09:28:59
14 A. I would say that, you know, for how 09:29:00
15 it was there, I would say laid off means fired. 09:29:04
16 Yeah. 09:29:08
17 Q. So it's not like a temporary, like, 09:29:08
18 you are taking a couple days off, it's like you 09:29:10
19 are done working for UPS? 09:29:13
20 A. Yeah, laid off is done, terminated, 09:29:15
21 exactly. 09:29:18
22 Q. Were you involved in any decisions 09:29:18
23 regarding making any accommodations for Mr. 09:29:21
24 Medina? 09:29:24
25 A. In regards to when? 09:29:25
Page 54
Veritext Legal Solutions
866 299-5127
1 Q. So, sometime in January of 2017 did 09:29:27
2 you assist in making any accommodations for any 09:29:35
3 injuries that he had? 09:29:38
4 A. No. 09:29:39
5 Q. Okay. If an employee had an injury 09:29:43
6 that needed an accommodation, would you have 09:29:45
7 ever been a part of the process for, you know, 09:29:47
8 reassigning job duties or anything like that? 09:29:50
9 A. No. That's a full time 09:29:52
10 supervisor's -- or Vivian. Yeah. That's not 09:29:54
11 me. 09:29:58
12 Q. Okay. Did you ever have any 09:29:58
13 discussions with supervisors or input in where 09:30:00
14 someone that was injured could be working? 09:30:05
15 A. I wouldn't have input, but I would 09:30:08
16 always ask because, you know, they were my 09:30:10
17 workers, so, you know, I'm concerned, so I 09:30:12
18 would ask them what's going on, but I wouldn't 09:30:14
19 actually say we should do this, we should do 09:30:17
20 that. I just say "okay." 09:30:19
21 Q. Okay. At any time while you were 09:30:21
22 working with Mr. Medina, did you tell him that 09:30:38
23 he needed to lift a package over the maximum 09:30:40
24 weight that an individual can lift? 09:30:45
25 A. Do you mean like did I say lift 09:30:46
Page 55
Veritext Legal Solutions
866 299-5127
1 context of this 3/10 conversation? 09:39:05
2 A. Yeah, I don't remember that 09:39:08
3 picture. 09:39:10
4 Q. And then on 3/13/2017 you said 09:39:13
5 "Hey, where are you?" 09:39:20
6 A. Yes. 09:39:20
7 Q. Why did you send the text? 09:39:21
8 A. Looking at time I imagine because 09:39:23
9 he probably called me and said he was going to 09:39:25
10 be late and he didn't arrive on time is what I 09:39:28
11 imagine. 09:39:31
12 Q. Okay. Did anyone instruct you to 09:39:32
13 text him or did you make that decision? 09:39:34
14 A. You know, it could have been me or 09:39:36
15 it could have been, you know, someone else 09:39:39
16 asking me: Where is Shaun? 09:39:40
17 So, I don't remember. 09:39:42
18 Q. Okay. Did you tell anybody -- 09:39:44
19 well, I guess, do you recall if he showed up on 09:39:47
20 this day? 09:39:49
21 A. I don't recall, no. 09:39:50
22 Q. Okay.
Preview
1 LISA LIN GARCIA, Bar No. 260582 Electronically Filed llgarcia@littler.com Superior Court of California 2 LITTLER MENDELSON, P.C. County of San Joaquin 333 Bush Street, 34th Floor 2022-02-25 16:47:01 3 San Francisco, CA 94104 Clerk: Irving Jimenez Telephone: 415.433.1940 4 Fax No. 415.399.8490 5 NICHOLAS W. MCKINNEY, Bar No. 322792 nmckinney@littler.com 6 LITTLER MENDELSON, P.C. 500 Capitol Mall 7 Suite 2000 Sacramento, CA 95814 8 Telephone: 916.830.7200 Fax No.: 916.561.0828 9 Attorneys for Defendant 10 UNITED PARCEL SERVICE, INC. 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SAN JOAQUIN 13 SHAUN MEDINA, Case No. STK-CV-UWT-2019-0010377 14 Plaintiff, Hon. George J. Abdallah, Dept. 10A 15 v. DEFENDANT’S COMPENDIUM OF 16 EVIDENCE IN SUPPORT OF ITS REPLY UNITED PARCEL SERVICE, INC. TO PLAINTIFF’S OPPOSITION TO 17 and DOES 1-100, inclusive, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, 18 Defendant. SUMMARY ADJUDICATION 19 DATE: March 3, 2022 TIME: 9:00 AM 20 DEPT: 10A 21 22 23 24 25 26 27 28 DEFENDANT’S COMPENDIUM OF EVIDENCE IN SUPPORT OF ITS REPLY TO PLAINTIFF’S OPPOSITION LITTLER MEND ELSO N, P.C. 500 Capitol Mall Suite 2000 Sacram ento, CA 95814 TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 916.830.7200 1 TO PLAINTIFF SHAUN MEDINA AND HIS ATTORNEYS OF RECORD: 2 Pursuant to California Rule of Court 3.1110(f) and California Rule of Court 3 3.1350(c)(4) and (g), Defendant UNITED PARCEL SERVICE, INC. (“Defendant”) hereby submits 4 the following index of exhibits in support of its Reply to Plaintiff’s Opposition to Defendant’s Motion 5 for Summary Judgment or, in the Alternative, Summary Adjudication. 6 Tab/Exhibit Name/Description Page 7 Tab 1 Declaration of Nicholas W. McKinney 3 8 Exhibit A Relevant excerpts from the multi- volume transcript of the deposition of 6 9 Plaintiff Shaun Medina, taken on May 12, 2021 and June 22, 2021. 10 Exhibit B Relevant excerpts from the multi- volume transcript of the deposition of 13 11 Luis Pinedo, taken on December 13, 2021. 12 Tab 2 Declaration of Renee Rea 39 13 Exhibit A Redacted copy of Plaintiff’s March 16, 2017 medical record. 42 14 Exhibit B Redacted copy of Plaintiff’s March 22, 2017 medical record. 44 15 16 Dated: February 25, 2022 17 18 LISA LIN GARCIA NICHOLAS W. MCKINNEY 19 LITTLER MENDELSON, P.C. Attorneys for Defendant 20 UNITED PARCEL SERVICE, INC. 21 4857-3129-2945.1 / 101661-1006 22 23 24 25 26 27 28 2. DEFENDANT’S COMPENDIUM OF EVIDENCE IN SUPPORT OF ITS REPLY TO PLAINTIFF’S OPPOSITION LITTLER MEND ELSO N, P.C. 500 Capitol Mall Suite 2000 Sacram ento, CA 95814 TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 916.830.7200 TAB 1 1 LISA LIN GARCIA, Bar No. 260582 llgarcia@littler.com 2 LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor 3 San Francisco, CA 94104 Telephone: 415.433.1940 4 Fax No.: 415.399.8490 5 NICHOLAS W. MCKINNEY, Bar No. 322792 nmckinney@littler.com 6 LITTLER MENDELSON, P.C. 500 Capitol Mall 7 Suite 2000 Sacramento, CA 95814 8 Telephone: 916.830.7200 Fax No.: 916.561.0828 9 Attorneys for Defendant 10 UNITED PARCEL SERVICE, INC. 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SAN JOAQUIN 13 SHAUN MEDINA, Case No. STK-CV-UWT-2019-0010377 14 Plaintiff, Hon. George J. Abdallah, Dept. 10A 15 v. SUPPLEMENTAL DECLARATION OF 16 NICHOLAS W. MCKINNEY IN SUPPORT UNITED PARCEL SERVICE, INC. OF DEFENDANT UNITED PARCEL 17 AND DOES 1-100, inclusive, SERVICE, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE 18 Defendant. ALTERNATIVE, SUMMARY ADJUDICATION 19 DATE: March 3, 2022 20 TIME: 9:00 AM DEPT: 10A 21 22 23 24 25 26 27 28 LITTLER MEND ELSO N, P.C. 500 Capitol Mall Case No. STK-CV-UWT-2019-0010377 SUPPLEMENTAL DECLARATION OF NICHOLAS W. MCKINNEY IN SUPPORT OF DEFENDANT UNITED Suite 2000 Sacram ento, CA 95814 PARCEL SERVICE, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY 916.830.7200 ADJUDICATION 1 I, Nicholas W. McKinney, declare: 2 1. I am an attorney licensed to practice law before all courts in the State of 3 California, and I am employed as an attorney in the Sacramento office of Littler Mendelson, P.C., 4 attorneys of record for Defendant United Parcel Service, Inc. (“Defendant”). I have personal 5 knowledge of the following facts set forth in this Declaration, and if called to testify, I could and would 6 competently testify thereto. 7 2. On May 12, 2021 and June 22, 2021, I attended and took the deposition of 8 Plaintiff Shaun Medina in the above-captioned matter. In response to allegations made by Plaintiff in 9 his opposition to Defendant’s Motion for Summary Judgment additional excerpts of the deposition 10 testimony are necessary to include in evidence in this matter. A true and correct copy of the relevant 11 testimony excerpts from Plaintiff’s multi-volume deposition transcript are attached hereto as Exhibit 12 A and are incorporated herein by reference. 13 3. On December 13, 2021, I attended and took the deposition of Luis Pinedo in 14 the above-captioned matter. In response to allegations made by Plaintiff in his opposition to 15 Defendant’s Motion for Summary Judgment excerpts of the deposition testimony are necessary to 16 include in evidence in this matter. A true and correct copy of the relevant testimony excerpts from 17 Luis Pinedo’s deposition transcript are attached hereto as Exhibit B and are incorporated herein by 18 reference. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. Executed this 25th day of February 2022 at Sacramento, California. 21 22 23 NICHOLAS W. MCKINNEY 24 25 4856-9098-2417.1 / 101661-1006 26 27 28 LITTLER MEND ELSO N, P.C. 500 Capitol Mall Case No. STK-CV-UWT-2019-0010377 SUPPLEMENTAL DECLARATION OF NICHOLAS W. MCKINNEY IN SUPPORT OF DEFENDANT UNITED Suite 2000 Sacram ento, CA 95814 PARCEL SERVICE, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY 916.830.7200 ADJUDICATION EXHIBIT A 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF SAN JOAQUIN 3 ___________________________ 4 ) ) 5 SHAUN MEDINA, ) ) 6 Plaintiff, ) ) 7 vs. ) Case No. ) STK-CV-UWT-2019-0010377 8 UNITED PARCEL SERVICE, ) INC., VIVIAN DOE, and DOES ) 9 1 to 100, inclusive, ) ) 10 Defendants. ) ) 11 ___________________________) 12 13 14 REMOTE VIDEOTAPED DEPOSITION OF SHAUN MEDINA 15 Manteca, California 16 Wednesday, May 12, 2021 17 Volume I 18 19 20 21 Reported by: CHRIS TE SELLE 22 CSR No. 10836 23 Job No. 4560296 24 25 PAGES 1 - 188 Page 1 Veritext Legal Solutions 866 299-5127 1 EXHIBITS (Cont'd) 2 EXHIBIT NUMBER PAGE 3 Exhibit 9 work status recommendations for 121 encounter date 3/2/2017, Shaun Medina, 4 Bates UPS (S. Medina) - 0000148, 1 p. 5 Exhibit 10 work status recommendations for 122 encounter date 3/9/2017, Shaun Medina, 6 Bates UPS (S. Medina) - 0000180, 1 p. 7 Exhibit 11 work status recommendations for encounter date 3/16/2017, Shaun Medina, 8 Bates UPS (S. Medina) - 0000178, 1 p. marked, not referenced by number 9 Exhibit 12 Shaun Medina text messages, Bates 131 10 SM000085 to 103, 20 pp. 11 Exhibit 13 Shaun Medina text messages, Bates SM000112, 2 pp. 12 marked, not referenced by number 13 Exhibit 14 Shaun Medina text messages, 2 pp. 170 14 Exhibit 15 Shaun Medina text messages, Bates 172 UPS (S. Medina) - 0000731 to 736, 6 pp. 15 Exhibit 16 letter from Dave Goshen to Shaun 180 16 Medina, 3/13/2017, Bates SM000069, 1 p. 17 18 DOCUMENTS/INFORMATION REQUESTED 19 PAGE LINE 20 139 13 21 22 INSTRUCTION NOT TO ANSWER 23 PAGE LINE 24 29 8 25 Page 5 Veritext Legal Solutions 866 299-5127 1 A. Yes. 01:42:49 2 Q. Okay. Okay. While you were employed at 3 UPS, who were your supervisors? 4 A. Oh, God. In no, in particular order? 5 Q. I mean, so, did you have multiple direct 01:43:18 6 supervisors? 7 A. I had multiple direct supervisors, 8 correct. 9 Q. Okay, then, yeah, so, you can just give me 10 the list of your direct supervisors. 01:43:30 11 A. Okay. Vivian, Chris, Vivian, Chris, 12 Kevin, JT, Luis, Denise, Yvette, I'm pretty sure I 13 said Chauncy, and then there's just faces. I can't 14 recall the names. 15 Q. Were these all direct supervisors, or did 01:44:12 16 you have like a shift manager that you were always 17 working with? 18 A. The shift manager was Vivian, and I never 19 worked side by side with her. 20 Q. Okay. What is the, what's the title of 01:44:33 21 the position of the person that's right above you, 22 as a loader/unloader? 23 A. Truck driver, perhaps? I'm not too sure. 24 I don't know. I don't know. 25 Q. But, in the warehouse, don't you have a, 01:44:55 Page 104 Veritext Legal Solutions 866 299-5127 1 Q. Okay, and, the next one. 02:12:59 2 A. Is March 11? 3 Q. It's loading. 4 A. Oh, okay. 5 Q. Okay, it should be up there. 02:13:41 6 A. March 16? 7 Q. Yes. And, again, the work status on this 8 one says, I recommended to modified work duties. No 9 lifting greater than 20-pounds, and no overhead 10 work. 02:14:09 11 Is that accurate? 12 A. That's accurate. 13 Q. That's all I need from those documents. 14 So, are you familiar with small sort 15 position? 02:14:29 16 A. Oh, yes. 17 Q. So, at some point, did you get placed in 18 the small sort position? 19 A. Yes. 20 Q. Do you know about when that was? 02:14:40 21 A. I don't know the date. I don't know the 22 dates. I'm like, at this point, dates are too, 23 coming too in and out. Without me seeing a 24 timeline, I'm kind of, I don't want to start 25 answering incorrect. 02:15:07 Page 123 Veritext Legal Solutions 866 299-5127 athena 3/18/2017 6:24:01 PM PAGE 2/002 Dame ron OccuoationatMedicine .420 We stAcacia Street, STOCKTON CA 95203-2441 MEDINA, SHAWN E (Id #31769, dob: Redacted ers Dame ron Occu patio nat Medic ine 420 West Acacia Street, 5TOCKON CA 95203-2441 MEDINA, SHAWN E (Id #31769, dob: Redacted i WORK STATUS RECOMMENDATIONS FOR ENCOUNTER DATE:03116/2017 Provfrjer_ UPS-LATHROP i,BRAD DONALD TOURTLOTTE, MD. 11800 HARLAN RD OccupationaI Medicine LATH ROP, CA i420 West Acacia Street 95330 STOCKTON, CA, 95203-2441 Phone: (209) 547-2340 iPhone: (209) 461-3196 Fax: Fax: (209) 461-3123 atent Name Medina, Shawn E D tc' of Injury 01/10/2017 • RIGHT SHOULDER: Iwas loading a truck and picked up a box weighing over 7OLBS, and felt a sharp pain to my shoulder, that forced me to drop the box. Sex DOB ML Redacted H: (209) 691-9175 M: (209) 691-9175 LIBERTY MUTUAL Policy Holder: IJPS-LATHROP 1. Sprain of shoulder -Right 543.91XD: Sprain of unspecified parts of right shoulder girdle, subsequent encounter • SHOULDER SPRAIN: CARE INSTRUCTIONS Work Status Discussion Notes Patient is recommended to modified work duties. No lifting greater than 20 pounds and no overhead work. App oint rnn Follow up Appointment scheduled: • Dan Stringari, PAC for WC FOLLOW UP at Occupational Medicine on 03/22/2017 at 02:40 PM Time Trackin CHECK IN: [2:25 pm I CHECK OUT: [3:14pm] Electronically Sicined by:DAN STRINGARI, PAC, PA UPS (S. Medina) -0000178 1 I, the undersigned, a Certified Shorthand 2 Reporter of the State of California, do hereby 3 certify: 4 That the foregoing proceedings were taken 5 before me, via videoconference, at the time and 6 place herein set forth; that any witnesses in the 7 foregoing proceedings, prior to testifying, were 8 duly sworn; that a record of the proceedings was 9 made by me using machine shorthand which was 10 thereafter transcribed under my direction; that the 11 foregoing transcript is a true record of the 12 testimony given. 13 Further, that if the foregoing pertains to the 14 original transcript of a deposition in a Federal 15 Case, before completion of the proceedings, review 16 of the transcript [ ] was [ ] was not requested. 17 I further certify I am neither financially 18 interested in the action nor a relative or employee 19 of any attorney or party to this action. 20 IN WITNESS WHEREOF, I have this date subscribed 21 my name. 22 Dated: May 26, 2021 23 <%7040,Signature%> 24 CHRIS TE SELLE 25 CSR No. 10836 Page 188 Veritext Legal Solutions 866 299-5127 EXHIBIT B 1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN JOAQUIN 3 4 SHAUN MEDINA, Plaintiff 5 VS. No. STK-CV-UWT-2019-0010377 6 UNITED PARCEL SERVICE, 7 INC., and DOES 1-100, inclusive, 8 Defendant. _______________________/ 9 10 11 12 VIDEOTAPED DEPOSITION OF LUIS PINEDO MONDAY, DECEMBER 13, 2021 13 VIA ZOOM 14 15 16 17 18 19 20 21 22 JOB NO. 4970172 23 REPORTED BY: DEBRA L. ACEVEDO-RAMIREZ, CSR. 7692 24 Arizona 50807 25 PAGES 1 - 114 Page 1 Veritext Legal Solutions 866 299-5127 1 load like, you know, boxes into trailers. This 09:22:25 2 was after -- this was what should have been 09:22:30 3 after the sort. It was really late about, I 09:22:32 4 want to say, 10:00 or 11:00. I don't really 09:22:35 5 remember -- 10:00 or 11:00. It was definitely 09:22:38 6 dark and I remember I was supposed to send him 09:22:41 7 home, and so I sent him over there and he told 09:22:43 8 me after he was done loading those big boxes, 09:22:45 9 you know, a lot of boxes, you know, his 09:22:49 10 shoulder is bothering him, and I said, you know 09:22:53 11 what, you know, go home and rest, don't worry 09:22:56 12 about it, text me if it's bothering you still, 09:23:01 13 so I can see what happens. 09:23:04 14 And that's when he said "If it's 09:23:05 15 still bothering me I want to get checked out 09:23:08 16 tomorrow. Who should I talk to?" 09:23:08 17 And, obviously, you know, I don't 09:23:11 18 handle injuries. I'm a part-time supervisor, 09:23:11 19 or operations supervisor, so I told him, you 09:23:13 20 know, I have to tell my full timers. So I said 09:23:16 21 I can tell TJ, but they told us to always tell 09:23:19 22 them when someone is injured, so they can go 09:23:22 23 see a -- whatever doctor is approved through 09:23:25 24 UPS. 09:23:30 25 Q. Okay. So, did -- on the fourth did 09:23:31 Page 49 Veritext Legal Solutions 866 299-5127 1 he tell you that he had injured his shoulder 09:23:37 2 doing something or that it was just -- or was 09:23:43 3 it like it's generally bothering me? 09:23:45 4 A. If I remember, I just remember 09:23:48 5 saying -- I just remember him saying, like, you 09:23:51 6 know, his shoulder feels sore. I don't 09:23:53 7 remember if he said anything else, but I 09:23:56 8 remember him saying it was sore, and I told 09:23:58 9 him, you know, go home and rest and message me, 09:24:01 10 you know, end of the sort. 09:24:07 11 Q. Okay. Did you end up telling TJ 09:24:08 12 that same day? 09:24:12 13 A. Yeah, I told TJ or Vivian -- it was 09:24:13 14 one of them. 09:24:16 15 Q. Okay. Did you have -- I mean, I 09:24:17 16 guess, let me clarify a little bit further. 09:24:27 17 A. Sure. 09:24:29 18 Q. It sounds like you were saying he 09:24:30 19 went to a different area on this day or at 09:24:33 20 least part of his shift he was working in a 09:24:37 21 different area. Would you have been his 09:24:40 22 part-time supervisor in that area as well? 09:24:42 23 A. No. Actually, I do -- the only 09:24:45 24 reason I remember this is because I remember 09:24:48 25 going over there, and I was watching and, um, 09:24:52 Page 50 Veritext Legal Solutions 866 299-5127 1 know what was the purpose behind this 09:28:29 2 discussion or what was the reasoning for this 09:28:31 3 text? 09:28:33 4 A. Um, I actually don't remember what 09:28:34 5 the reasoning. I want to say it was probably 09:28:39 6 because, you know, I already had a metro 09:28:41 7 unloader and they probably wanted me to send 09:28:44 8 him home. That's as far as I can remember. 09:28:47 9 Q. Okay. Did you ever tell him around 09:28:51 10 this time that he was laid off? 09:28:53 11 A. No. No. 09:28:54 12 Q. And what was your understanding of 09:28:57 13 the term "laid off" be? 09:28:59 14 A. I would say that, you know, for how 09:29:00 15 it was there, I would say laid off means fired. 09:29:04 16 Yeah. 09:29:08 17 Q. So it's not like a temporary, like, 09:29:08 18 you are taking a couple days off, it's like you 09:29:10 19 are done working for UPS? 09:29:13 20 A. Yeah, laid off is done, terminated, 09:29:15 21 exactly. 09:29:18 22 Q. Were you involved in any decisions 09:29:18 23 regarding making any accommodations for Mr. 09:29:21 24 Medina? 09:29:24 25 A. In regards to when? 09:29:25 Page 54 Veritext Legal Solutions 866 299-5127 1 Q. So, sometime in January of 2017 did 09:29:27 2 you assist in making any accommodations for any 09:29:35 3 injuries that he had? 09:29:38 4 A. No. 09:29:39 5 Q. Okay. If an employee had an injury 09:29:43 6 that needed an accommodation, would you have 09:29:45 7 ever been a part of the process for, you know, 09:29:47 8 reassigning job duties or anything like that? 09:29:50 9 A. No. That's a full time 09:29:52 10 supervisor's -- or Vivian. Yeah. That's not 09:29:54 11 me. 09:29:58 12 Q. Okay. Did you ever have any 09:29:58 13 discussions with supervisors or input in where 09:30:00 14 someone that was injured could be working? 09:30:05 15 A. I wouldn't have input, but I would 09:30:08 16 always ask because, you know, they were my 09:30:10 17 workers, so, you know, I'm concerned, so I 09:30:12 18 would ask them what's going on, but I wouldn't 09:30:14 19 actually say we should do this, we should do 09:30:17 20 that. I just say "okay." 09:30:19 21 Q. Okay. At any time while you were 09:30:21 22 working with Mr. Medina, did you tell him that 09:30:38 23 he needed to lift a package over the maximum 09:30:40 24 weight that an individual can lift? 09:30:45 25 A. Do you mean like did I say lift 09:30:46 Page 55 Veritext Legal Solutions 866 299-5127 1 context of this 3/10 conversation? 09:39:05 2 A. Yeah, I don't remember that 09:39:08 3 picture. 09:39:10 4 Q. And then on 3/13/2017 you said 09:39:13 5 "Hey, where are you?" 09:39:20 6 A. Yes. 09:39:20 7 Q. Why did you send the text? 09:39:21 8 A. Looking at time I imagine because 09:39:23 9 he probably called me and said he was going to 09:39:25 10 be late and he didn't arrive on time is what I 09:39:28 11 imagine. 09:39:31 12 Q. Okay. Did anyone instruct you to 09:39:32 13 text him or did you make that decision? 09:39:34 14 A. You know, it could have been me or 09:39:36 15 it could have been, you know, someone else 09:39:39 16 asking me: Where is Shaun? 09:39:40 17 So, I don't remember. 09:39:42 18 Q. Okay. Did you tell anybody -- 09:39:44 19 well, I guess, do you recall if he showed up on 09:39:47 20 this day? 09:39:49 21 A. I don't recall, no. 09:39:50 22 Q. Okay.