Joint Appendix - LawMemo

More documents

Recommendations

Info

TENTH DEFENSE Plaintiff is not entitled to an award of punitive damages as she has not pled and cannot prove facts sufficient to support an award under applicable law. ELEVENTH DEFENSE An award of punitive damages against Goodyear would violate the constitutions of the United States and the State of Alabama. TWELFTH DEFENSE Plaintiff cannot recover punitive damages against defendant because such an award, which is penal in nature, would violate defendant’s constitutional rights protected under the Alabama Constitution of 1901, as amended (the “Alabama Constitution”), and the Constitution of the United States (the “United States Constitution”), unless defendant is afforded the same procedural safeguards as are criminal defendants, including, but not limited to, the right to avoid self-incrimination, the right to forego production and 25
disclosure of incriminating documents, and the right to the requirement of a level of proof beyond a reasonable doubt. THIRTEENTH DEFENSE Based upon Alabama procedures relative to punitive damages, which provide no objective, logical, or reasonable standards or criteria which govern the award, and the amount of the award, of punitive damages, Goodyear is denied equal protection of the laws as guaranteed by the Fourteenth Amendment to the United States Constitution, and Article 1, ‘‘ 1, 6, and 22 of the Alabama Constitution, separately and severally. FOURTEENTH DEFENSE Goodyear adopts all defenses made available to it under the decision rendered by the United States Supreme Court in BMW of North America, Inc. v. Gore, 116 S. Ct. 1589 (1996). 26
Page 1 and 2: No. 05-1074 IN THE Supreme Court of
Page 3 and 4: Defendant’s Exhibit 65 ..........
Page 5 and 6: filed (Vols I & II) [see separate f
Page 7 and 8: cause - jury selected and sworn - o
Page 9 and 10: as a matter of law w/attachments fi
Page 11 and 12: 10/15/2003) 10/24/2003 NOTIFICATION
Page 13 and 14: 02/26/2004 E-Brief Tendered: Appell
Page 15 and 16: 07/03/2006 Certiorari Granted: SC#
Page 17 and 18: 2. The plaintiff timely filed her c
Page 19 and 20: 15. The defendant had a practice of
Page 21 and 22: VI. Count III - Age Discrimination
Page 23 and 24: 41. The defendant created an enviro
Page 25 and 26: IN THE UNITED STATES DISTRICT COURT
Page 27: SIXTH DEFENSE To the extent that Pl
Page 31 and 32: citizen of the United States and th
Page 33 and 34: 18) Goodyear admits that plaintiff
Page 35 and 36: 35) Except to the extent expressly
Page 37 and 38: Q. WHERE DO YOU GO TO COLLEGE? A. J
Page 39 and 40: A. WITH THE MECHANICAL, I FINISHED
Page 41 and 42: WORK WITH YOU, UP UNTIL THE END OF
Page 43 and 44: A. OKAY. Q. DID MR. MAUDSLEY - WHAT
Page 45 and 46: CAREERS [*38] AT GOODYEAR AND THEY
Page 47 and 48: ABOUT EIGHT DIFFERENT THINGS THAT H
Page 49 and 50: THE COURT: RESPONSE? MR. GOLDFARB:
Page 51 and 52: * * * * * [*74] Q. WHEN YOU WENT OV
Page 53 and 54: Cross-Examination of Lilly Ledbette
Page 55 and 56: [*208] Q. YOU WERE SUPERVISED BY ME
Page 57 and 58: IT STUNK. I REALLY DIDN’T AGREE W
Page 59 and 60: WAY BELOW THE LEVEL THAT I [*211] W
Page 61 and 62: Q. AND YOU’RE AT 2728 A MONTH; RI
Page 63 and 64: BY MR. GOLDFARB: Q. WHAT WAS YOUR U
Page 65 and 66: Q. DID YOU HAVE ANY - SO YOU HAD TO
Page 67 and 68: Q. AT THAT PERIOD OF TIME, IT WAS C
Page 69 and 70: WOULD GIVE ME RAISES TO GET ME UP T
Page 71 and 72: A. NO. I STAYED DOWN THERE, WHICH W
Page 73 and 74: ENTER INTO THE MERIT PLAN FOR THAT
Page 75 and 76: Q. BUT YOU DESTROYED THOSE DOCUMENT
Page 77 and 78: A. AT THE TIME I EVALUATED MRS. LED
Page 79 and 80:
A. I HAVEN’T THROWN AWAY ANYTHING
Page 81 and 82:
Q. AND HE IS THE AUDITOR WHO DID TH
Page 83 and 84:
HAPPENED WITH THE TIRES - YOU KEEP
Page 85 and 86:
A. I GUESS - WHAT ARE YOU ASKING ME
Page 87 and 88:
EVER WORKED UNDER YOU, OTHER THAN M
Page 89 and 90:
A. I DON’T REMEMBER WHEN THAT WAS
Page 91 and 92:
AND “TOTAL EXPENDITURES.” WHAT
Page 93 and 94:
Cross-Examination of Michael Tucker
Page 95 and 96:
Q. WELL, WHAT DID YOU TELL HER? IF
Page 97 and 98:
A. ON THIS DOCUMENT, NO, SIR. Q. IN
Page 99 and 100:
Q. BUT YOU COULDN’T TELL HER THAT
Page 101 and 102:
Q. DO YOU KNOW WHERE IT IS? A. NO,
Page 103 and 104:
DISCRIMINATE ON THE BASIS OF SEX IN
Page 105 and 106:
Delivery of Jury Verdict [*476] THE
Page 107 and 108:
III. IV. I could not stay in proces
Page 109 and 110:
STATE OF ALABAMA ) ) COUNTY OF CALH
Page 111 and 112:
work load, Mr. Yarbrough told me th
Page 113 and 114:
THE GOODYEAR TIRE & RUBBER COMPANY
Page 115 and 116:
* * * * * TO: A056756 GADSDEN6 Ledb
Page 117 and 118:
PAY FOR PERFORMANCE GOODYEAR Salary
Page 119 and 120:
similar positions. We want to be su
Page 121 and 122:
established by the Act help determi
Page 123 and 124:
We make sure Goodyear salary ranges
Page 125 and 126:
NON EXEMPT ASSOCIATES: the new posi
Page 127 and 128:
The Goodyear Tire & Rubber Company
Page 129 and 130:
THE GOODYEAR TIRE & RUBBER COMPANY
Page 131 and 132:
I. DEVELOPMENTAL PROGRAM PROVISIONS
Page 133 and 134:
IPAs are intended to be granted onl
Page 135 and 136:
B. Top Performance Award Policy In
Page 137 and 138:
of an equal amount. A minimum inter
Page 139 and 140:
The plan is structured to provide a
Page 141 and 142:
there must be at least a two grade
Page 143 and 144:
IV. Associate Performance Plan - Lu
Page 145 and 146:
* High to Low Prepared By: Total IP
Page 147 and 148:
GOODYEAR TIRE & RUBBER CO. 922 E. M
Page 149 and 150:
SIGNATURE /s/ Lilly M. Ledbetter DA
Page 151 and 152:
CAUSE OF DISCRIMINATION BASED ON (C
Page 153 and 154:
Jul 21 11:30 1998 CP Initials _____
Page 155 and 156:
AREA MANAGER BASE SALARY COMPARISON
Page 157 and 158:
Backpay for Ledbetter from 3/25/96
Page 159 and 160:
A This Backpay Chart covers the tim
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
= = = JOB/SALARY = = = AS OF BASE R
Page 175 and 176:
10/01/81 1,960.0200 GTR GADSDE 5500
Page 177 and 178:
02/19/93 MFG001 ADVANCED LEADERSHIP
Page 179 and 180:
MOBILITY-CODES WD110 WILLING TO REL
Page 181 and 182:
SALARIED EMPLOYEES MERIT INCREASE P
Page 183 and 184:
PLANT LOCATION/DEPT: MERIT BUDGET #
Page 185 and 186:
Associate Name: Lilly Ledbetter Per
Page 187 and 188:
PS#4 - Holds associates accountable
Page 189 and 190:
PS#1 - Performs housekeeping tours.
Page 191 and 192:
PS#3 - Provides feedback on perform
Page 193 and 194:
TRAINING AND DEVELOPMENTAL EXPERIEN
Page 195 and 196:
1997 Reviews Name 1 Safety 2 Q&W 3
Page 197 and 198:
TIRE ASSEMBLY SALARIED MERIT PLAN Y
Page 199 and 200:
RANK NAME LEVEL 1 LEVEL 2 % AMT % A
Page 201 and 202:
RAISES GIVEN BY MIKE TUCKER TO RLT
Page 203 and 204:
02/01/97 4,769.6100 GTR GADSDE 5510
Page 205 and 206:
11/16/79 1,552.7500 GT131 144 SUPER
Page 207 and 208:
06/02/00 GOODYEAR EMPLOYEE MANAGEME
Page 209 and 210:
07/01/97 4,460.9300 GTR GADSDE 5500
Page 211 and 212:
04/16/79 1,452.2100 GT131 5500 SUPE
Page 213 and 214:
Page 215 and 216:
09/01/97 4,371.0000 GTR GADSDE 5500
Page 217 and 218:
07/01/79 1,518.0800 GT131 5500 SUPE
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
??/01/81 2.012.5200 GT131 5500 SUPE
Page 225 and 226:
04/27/99 UC6005 AREA MANAGER OJT 04
Page 227 and 228:
Page 229 and 230:
??/01/81 2,018.0200 GT131 352A SUPE
Page 231 and 232:
08/15/97 GD1055 MILL RESCUE—MISCE
Page 233 and 234:
IN THE UNITED STATES DISTRICT COURT
Page 235 and 236:
OF COUNSEL: Gordon, Silberman, Wigg
Page 237 and 238:
in passenger tires, but I am not su
Page 239 and 240:
A. he said the evaluation. You know
Page 241 and 242:
A. Different people that I worked f
Page 243 and 244:
A. No, sir, not exactly. No. the on
Page 245 and 246:
een -- and should (begin pl 146) be
Page 247 and 248:
DEPOSITION OF LILLY LEDBETTER pp. 2
Page 249:
name on the list. And she did tell
show all

Joint Appendix - LawMemo

Create successful ePaper yourself

Delete template?

Save as template?