Bubba Hiers (1) Deposition

Case 4:12-cv-00139-WTM-GRS Document 154-3 Filed 04/30/13 Page 1 of 60
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
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FOR THE DEFENDANTS: THOMAS A. WITHERS, Esquire Gillen, Withers & Lake, LLC 8 East Liberty Street Savannah, Georgia 31401 (912) 447-8400
LISA T. JACKSON,
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CIVIL ACTION NO.
Plaintiff,
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vs.
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Also Present: Shawn Screen, Video Technician, Melissa McCurry, Lisa Jackson
PAULA DEEN, PAULA DEEN ENTERPRISES, LLC, THE LADY & SONS, LLC, THE LADY ENTERPRISES, INC., EARL W. "BUBBA" HIERS, and UNCLE BUBBA'S SEAFOOD and OYSTER HOUSE, INC.,
4:12-CV-0139
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Defendants. _________________________________________________
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Videotaped Deposition of EARL "BUBBA" HIERS, taken by counsel for the Plaintiff, pursuant to notice and agreement, before Rachael Miller, Certified Court Reporter, at 218 West State Street, Savannah, Georgia, February 12, 2013, at 9:04 a.m.
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APPEARANCE OF COUNSEL:
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FOR THE PLAINTIFF: MATTHEW C. BILLIPS, Esquire Billips & Benjamin, LLP 3101 Towercreek Parkway Suite 190 Atlanta, Georgia 30339 (770) 859-0753
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OPENING REMARKS AND STIPULATIONS ------- 7
EXAMINATION By Mr. Billips -------------------- 8
S. WESLEY WOOLF, Esquire 408 East Bay Street Savannah, Georgia 31401 (912) 201-3696
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ATTESTATION --------------------------- 235 ERRATA SHEET -------------------------- 236 CERTIFICATE --------------------------- 237
FOR THE DEFENDANTS: WILLIAM FRANKLIN, Esquire GEORGE MAJOR, Esquire Oliver, Maner, LLP 218 West State Street Savannah, Georgia 31401 (912) 236-3311
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DOCUMENTARY EVIDENCE NUMBER DESCRIPTION PAGE
EARL "BUBBA" HIERS, having been first duly sworn, was examined and testified as follows: VIDEO TECHNICIAN: This is the videotaped deposition of Earl W. Bubba Hiers taken by counsel for the plaintiff in the matter of Lisa T. Jackson versus Paula Deen, et al., held in the offices of Oliver, Maner, LLP, located at 218 East State Street, Savannah, Georgia on February 12th, 2013 at the time indicated on the video screen. Rachael Miller from Tom Crites & Associates is the court reporter. My name is Shawn Screen and I am the videotaped specialist also in association with Tom Crites & Associates. If counsel will now please introduce themselves starting with the parties who noticed this deposition. MR. BILLIPS: Matthew C. Billips on behalf of the plaintiff. MR. WOOLF: S. Wesley Woolf on behalf of the plaintiff. MR. WITHERS: Tom Withers on behalf of Bubba Hiers and Uncle Bubba's Seafood. MR. MAJOR: Before we get started, we
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Letter from Melissa McCurry to Lisa Jackson
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DISCLOSURE STATEMENT STATE OF GEORGIA: COUNTY OF CHATHAM:
have Bill Franklin representing Paula Deen and the Paula Deen Companies. EXAMINATION BY MR. BILLIPS: Q. Please state your full legal name. A. Earl Wayne Hiers, Jr. MR. BILLIPS: All right. This will be the deposition of Earl Wayne Hiers, Jr. taken pursuant to notice and agreement of counsel pursuant to the same stipulations as we've had in other depositions. MR. WITHERS: Agreed. BY MR. BILLIPS: Q. Okay. Mr. Hiers, were you born in Savannah? A. No, sir. Q. Okay. Where were you born? A. Albany, Georgia. Q. Who are your parents? A. Earl Hiers, Sr. and Corrie P. Hiers. Q. Corrie, C-o-r -A. Excuse me. Yes. C-o-r-r-i-e. Q. Okay. Are they still living? A. Both deceased. Q. Mr. Hiers, are you presently under the
Pursuant to Article 10.B. of the Rules and Regulations of the Board of Court Reporting of the Judicial Council of Georgia, I make the following disclosure. I am a Georgia Certified Court Reporter. I am not disqualified for a relationship of interest under the provisions of O.C.G.A. 9-11-28(c). Tom Crites & Associates International, Inc. was contacted by S. Wesley Woolf, P.C. to provide court reporting services for this proceeding. Tom Crites & Associates International, Inc. will not be taking this proceeding under any contract that is prohibited by Georgia law. This, the 21st day of February, 2013. _________________________
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influence of any prescription medication? Have you taken any prescription medication today? A. No, sir. Q. Okay. Have you taken any over-the-counter medication today? A. Yes, sir. Q. What have you taken? A. Vitamins and a Bayer Aspirin. Q. Okay. Have you had anything to drink today? A. No, sir. Q. When was the last time you had something to drink? A. Last night. Q. Okay. And by something to drink, I'm referring to something alcoholic. A. Correct. Q. What and how much did you have to drink last night? A. What, Jack Daniel's and water. Q. Okay. A. Three cocktails. Q. Okay. Approximately what time? A. 7:00 p.m. Q. Is that a typical amount for you to
A. 1986. Q. For how long? A. 30 days. Q. Was this a court-ordered treatment? A. No, sir. Q. Was this something you did voluntarily? A. Me and my wife voluntarily went. Q. Okay. Was your wife also in treatment? A. Yes, sir. Q. Okay. Was this inpatient treatment? A. It was at Turning Point Hospital, Moultrie, Georgia. Q. Okay. And you were admitted as an inpatient? In other words, you stayed there overnight? A. Yes, sir. Q. Okay. And you stayed there for 30 days? A. Yes, sir. Q. Okay. Which wife was this? A. Number one, Jill Hiers. Q. When you were in treatment for -- were you in treatment for alcohol dependency or alcoholism? Was that what you understood you were being treated for? A. Drug recovery system.
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drink? A. Yes, sir. Q. Okay. The cocktails, did you pour them yourself or were they poured at the bar? A. Poured them myself at my home. Q. Okay. Did you measure the amount of alcohol going in those cocktails? A. No, sir. Q. Do you usually measure the amount going into your drink? A. No, sir. Q. Okay. You pour straight from the bottle? A. Yes, sir. Q. Do you -- have you ever felt that you drink to excess? A. No, sir. Q. Okay. Have you ever gone to work or remained at work when you were under the influence of alcohol? A. No, sir. Q. Okay. Have you ever been in treatment for alcohol abuse? A. Yes, sir. Q. When was that?
Q. Oh. A. Alcohol and drug. Q. Oh. What was the drug? A. It was a cocaine. Q. Okay. Do you still use cocaine? A. No, sir. Q. When was the last time you used cocaine? A. 1986. Q. Okay. Have you used any other prescription medication that was not a prescription written for you? A. No, sir. Q. Did you ever steal prescription drugs from my client? A. No, sir. Q. Did you ever take prescription drugs belonging to her? A. Not that I recall. Q. Well, were you ever so drunk at her house that you might not remember taking her drugs? A. No, sir. Q. Okay. All right. When you were in treatment for alcoholism or for alcohol dependency and for cocaine dependency, did you consider
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yourself to have an alcohol problem? A. No, sir. Q. Okay. How long after the treatment was over did you wait before you had your first drink? A. Ten years. Q. Why did you wait so long? A. It was after my divorce. Q. Okay. So you waited until after your divorce was final? Was that from Ms. Hiers, Jill Hiers? Sorry. A. That's correct. Q. Okay. And as soon as you got divorced from Jill Hiers, you went back to drinking? A. I did. Q. Okay. Was that because she insisted that you remain sober? A. It was for the benefit of my marriage, yes. Q. Okay. So if someone insisted that you remain sober, you were capable of doing it? A. Yes, sir. Q. Okay. But you have been drinking since 1996. And has your alcohol intake remained about what it is now, three self-poured cocktails per day?
gallons per month? Is that fair? A. I don't actually count. Q. But you -- whenever you go there, you get a half gallon of Jack? A. Yes. Q. And you go two to three times a month, so if you went twice, you would be buying a gallon that month. If you went three times, you would be buying a gallon and a half. A. Okay. Q. And that's the alcohol that you take home? A. Correct. Q. And that's the alcohol you drink at home? A. Correct. Q. Okay. Do you also drink at Uncle Bubba's? A. I have. Q. Okay. As a matter of fact, you drink there fairly frequently? A. No, sir. Q. No. Have you ever gone to work, poured yourself a Styrofoam cup full of Jack Daniel's and written your initials on it?
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A. Yes, sir. Q. Okay. Where do you buy your Jack Daniel's? A. The liquor store. Q. Which liquor store? A. It's on Wilmington Island. Q. What's the name of it? A. I don't recall the name of it. Q. What street's it on? A. Johnny Mercer Boulevard. Q. Do you pay cash or do you use a credit card? A. Personal cash. Q. Okay. And how many times in a month would you say you go by Johnny Mercer? A. Two or three times. Q. Okay. And what do you buy when you go there? A. Jack Daniel's. Q. What quantity bottle? A. A half gallon. Q. So you buy a half gallon two to three times a month; is that right? A. Correct. Correct. Q. So that would be one to one and a half
A. No, sir. Q. Have you ever written your initials on a Styrofoam cup? A. Yes, sir. Q. Okay. What was in the cup? A. Daily. Q. What was in the cup? A. Coffee, water. Q. Okay. Never Jack Daniel's? A. Never? Q. Yeah. A. Maybe at night -Q. Okay. A. -- when I was there having dinner. Q. Okay. The Styrofoam cup we're talking about, we're talking like a, what, a 16-ounce Styrofoam cup, regular sized white Styrofoam cup like you'd get at a to-go cup at a restaurant? A. It's Styrofoam cups that I purchase for my guests at my restaurant. Q. Okay. A. Approximately 16 ounces. Q. Okay. And do you drink Jack Daniel's straight or on the rocks or mixed? A. Mixed.
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Q. What do you mix it with? A. Water, Coke. Q. Okay. Have you ever poured yourself a drink when you're working? A. After work. Q. Okay. While the restaurant's still open? A. After I finish my work, it's possible the restaurant could have been open. Q. Okay. And your schedule is pretty much set by yourself, correct? A. Correct. Q. Do you still do that? A. Rarely. Q. Did you used to do it more frequently? A. No, sir. Q. Was it ever reported to you that the employees in the restaurant were complaining that you were impaired at work? A. Not to my recollection. Q. Did anyone ever ask you not to come to work impaired? A. No, sir. Q. Okay. Anyone ever tell you that there was anything wrong with you getting impaired at
Schumacher? A. Yes, sir. My sister. Q. Does your sister have the authority to fire pretty much anybody working at Uncle Bubba's? A. Yes, sir. Q. Now -- all right. So in addition to the gallon or gallon and a half of Jack Daniel's that you drink at home, you also drink at Uncle Bubba's? A. When I have dinner there, I may have a cocktail. Q. Or when it's after -- when you've finished your work you may have a cocktail? A. I have in the past. Q. Okay. When did that stop? A. I'm not sure. Q. Okay. What is the longest period you've gone without having a drink in the past six months? A. I've gone a week. Q. Okay. When was that? A. Recently. Q. How recently? A. Within the past month. Q. Okay. Why did you do that?
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work? A. Yes, sir. My sister asked me that -not to do it at work because it was not -- while I was working. It was not appropriate. I said -- I said okay. Q. All right. So somebody did ask you not to come to work impaired? A. My sister. Q. Okay. Did Karl Schumacher? A. No, sir. Q. Okay. What is Karl Schumacher's relationship to you in the employment structure at Uncle Bubba's? A. He is our corporate CFO. Q. Okay. And you are a 50 percent owner of Uncle Bubba's? A. Yes, sir. Q. You're also an employee of Uncle Bubba's; is that right? You draw a salary? A. I draw a salary, yes. Q. Okay. Do you have the authority to fire Karl Schumacher? A. I never thought of that. I'm not sure. Q. Okay. Do you know who would definitively have the authority to fire Karl
A. To lose weight. Q. But you started back drinking? A. Yes. Q. Okay. Did you lose much weight? A. I don't think I have. Q. Now, you said you were born in Albany? A. Yes, sir. Q. How long did you live in Albany? A. Till 2000. Q. Okay. A. Born and raised there. Q. Okay. Where did you go to school? A. All schools? Q. Uh-huh. A. Elementary school was Magnolia Elementary School, Albany, Georgia. Junior high school was Merry Acres Junior High, Albany, Georgia. Westover High School, Albany, Georgia. One year. A rezoning occurred, got transferred to Albany High School for junior year. And I graduated from Columbus High School. We moved there shortly for three years. I was living with my sister and brother-in-law. Q. Which -- do you have more than one sister?
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A. No, sir. Q. Okay. So this was Paula Deen? A. Yes, sir. Q. Has she been married more than once? A. Yes, sir. Q. Okay. Was it her current husband that you were living with? A. No, sir. Q. Okay. So did you finish your junior year at Albany High School? A. I did. Q. And when did you move to Columbus? A. That would have been the summer of 1971. Q. And why did you move to Columbus? A. I was living with my sister and brother-in-law. My brother-in-law took a job in Columbus, Georgia. Q. Okay. A. Excuse me. Q. Now, when did you start living with your sister and your brother-in-law? A. At the age of 16. Q. How much older than you is your sister? A. There's seven years difference between us.
to Albany, Georgia. Q. There is a college in Albany; is that right? A. Yes, sir. It was called Albany Junior College at the time, and I entered that college. Q. Okay. Is there also a four-year college? Wasn't there also a four-year college in Columbus -- or in Albany? A. In Albany. Yes, sir. Q. Okay. What was that? A. I never attended it. I believe it was called Albany State University. Q. Okay. Any reason why you didn't go to Albany State University? A. I never completed college. Q. Okay. Well, you were in a four-year -was Columbus College a four-year college? A. It was. Q. Why didn't you transfer to another four-year college in Albany -- at Albany State University? A. All my friends were going to the junior college and I was still in junior college. Q. Okay. Albany State University is a historically black institution; is that correct?
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Q. Why did you begin living with them? A. I had no parents. Q. Okay. When did your mother die? A. My mother died in 1970. Q. Okay. And when did your father die? A. 1966. Q. Were either of your parents alcoholics? A. No, sir. Q. Did either of them get drunk and abusive towards you? A. No, sir. They did drink, but they were not abusive. Q. Okay. Did they hit you? A. No, sir. Did I ever get a spanking as a little boy, yes, sir. Q. Did you ever get whipped with anything? A. No, sir. Q. Okay. What did you do after you graduated high school? A. After I graduated from high school, I went to Columbus College. I entered college at Columbus High School -- I mean Columbus College. Excuse me. Q. Uh-huh. And how long were you there? A. Approximately a year and we moved back
A. I believe that's correct. Q. So almost all of the students attending Albany State were black; is that right? A. I guess you would say almost. My first wife also attended it. Q. So you went to Columbus Junior College for how long? Or excuse me, Albany Junior College. A. I would say approximately a year. Q. And did you graduate? A. No, sir. Q. Okay. Did you receive any certificates or degrees of any kind? A. A high school diploma. Q. Okay. So you had not graduated from Columbus High School? A. I graduated from Columbus High School. Q. Oh, I see. All right. Did you receive any certificates or degrees of any kind from Albany Junior College? A. No, sir. Q. Okay. Have you attended any institution of education since Albany Junior College in or around 1972? A. No, sir.
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Q. Okay. What did you do after you left Albany Junior College? A. Just went out into the workforce, workplace. Q. Where did you work? A. I had numerous jobs. Q. Start from the beginning. A. I have worked for my aunt and uncle in a toy business in Albany, Georgia. I've even worked as a sales clerk in a convenience store. I have worked as a clothing salesperson in Albany, Georgia. I have worked as a pipe fitter welder from the Albany Local 368. I have also -- I was also employed as a car salesman at several dealerships. I also was a sales rep at a used car lot. I've even sold life insurance through A.L. Williams Company. And after leaving the car dealership, I started my own business. It was a landscaping and groundskeeping company that I owned until I moved to Savannah in 2000. Q. How long did that business -- how long did you own and operate that business? A. Approximately from 1987 to 2000. Q. Okay. And you moved to Savannah in 2 --
A. We purchased a restaurant. Q. Uh-huh. What was the restaurant when you purchased it or before you purchased it? A. The name of it was Snapper Jacks. Q. What was your -- strike. Was the restaurant purchased with a -through a loan or bought with cash? A. A loan. Q. Okay. And who was the loan from? A. SunTrust Bank, Savannah, Georgia. Q. Okay. Has that loan been paid off? A. No, sir. Q. Did you have to pay any money in as capital into the business? A. No, sir. Q. Okay. Did your sister pay any money in as capital, capital contribution? A. No, sir. Q. Okay. Have you ever paid any capital contribution into the business? In other words, paid money to the business that is not a loan? A. Only the -- my income tax return is always put back into the company -Q. Uh-huh. A. -- if I receive any.
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why did you move in 2000 to live in Savannah? A. To go to work in my sister's restaurant business. Q. Okay. Other than your aunt and uncle and the toy business -- first of all, what did you do for them? A. I worked at their warehouse and I also worked at one of their retail stores. Q. Was this the aunt Aunt Peggy? A. Correct. Q. Okay. When you first started working for Paula, what were you doing? A. Office work. Q. What kind of office work? A. Creating an office from the ground up. They -- when I moved here, they had no office. Helping them organize their business. Q. Uh-huh. During that time were you working in the same physical facility as your sister? A. Yes, sir. Q. Okay. And for how long did you serve in that capacity? A. From 2000 until 2004. Q. Okay. And what happened in 2004?
Q. Okay. How much of the company -- first of all, what is the name of the company that runs the -- is assigned to that restaurant? A. The name of the restaurant is Uncle Bubba's Seafood & Oyster House, Inc. Q. Okay. And what is its relationship to Paula Deen Enterprises? A. She owns two restaurants in Savannah and it's shared with my nephews, and this one is shared with me. Q. Okay. So the other restaurant is Lady & Sons? A. Correct. Q. Okay. Have you ever been arrested or otherwise charged with a crime? A. No, sir. Q. Have you ever been stopped by the police when you have been drinking? A. No, sir. Q. Have you ever been interrogated by the police regarding an incident alleged to have occurred -- to have occurred when you were drinking and driving? A. No, sir. Q. Police ever come to the restaurant after
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an incident that had occurred outside of the restaurant after you returned to the restaurant having to do with running into somebody's car in your driveway? A. Yes. Q. Okay. Tell me about that incident. A. I remember being at home one evening and I went -- I was leaving my home going back to my restaurant to check on its running and a stepson had a friend over at my house and he was parked at the end of my driveway. The driveway was dark. And as I was backing out of my driveway, I hit his truck accidentally -Q. Okay. A. -- because it was dark. I could not see it. Q. Had you been drinking? A. I don't recall. Q. Okay. Were you drunk? A. No, sir. Q. Do you know if you would have -- if you had blowed a Breathalyzer that you would have blowed under the legal limit? A. I would think so. Yes, sir. Q. But you would not consider yourself
A. When I went to my restaurant, yes, sir. Q. And you will acknowledge that you probably were driving -- you were probably over the legal limit in terms of your alcohol content? A. No, sir. I do not recall that. Q. Okay. Did you tell me that you probably would have blown over the legal limit? A. No, sir. I thought I told you that I would not have blown over the legal limit. Q. That's why I was clarifying. Now, do you currently have in your possession or control any unused prescription medication? A. No, sir. Q. Okay. Do you have any prescription med -- prescriptions that you have not yet filled or refilled? A. Just only medicine my doctor has prescribed for me that I refill as they empty. Q. Okay. What medication is that? A. It is a Lipitor. Q. Uh-huh. A. Lexapro. Q. Uh-huh. A. A sleeping pill. Q. What is that? What sleeping pill?
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drunk? A. No, sir. Q. Okay. So did you leave the scene? A. I asked him could he move his truck, I had to go check on my restaurant. I went up there for a short period of time to make sure everything was okay. Then I returned home. And when I returned home, his parents were there. They called the police. Q. And did you leave your home again? A. I did not. Q. Okay. Did the police come to the restaurant? A. No, sir. Q. Have the police ever come to the restaurant regarding an event where you ran into somebody's car? A. No, sir. Q. Did the police give you a Breathalyzer? A. No, sir. No one was ever even charged for the accident. Q. Okay. A. It happened on private property. Q. Uh-huh. But you were driving on the public roads after the accident, correct?
A. I don't know. It's just a generic brand that he prescribes. Q. Ambien? A. I don't think it's called Ambien. Q. Zolpidem Tartrate? A. I don't know, sir. Q. Okay. Go ahead. A. That's it. That's all. And he's asked me to take a baby aspirin. Q. Okay. All right. So you started working for Paula in 2004 -- or excuse me, in 2000, and then purchased the restaurant in 2004 and started Uncle Bubba's Seafood & Oyster House, Incorporated? A. Yes, sir. Q. Okay. Do you have a formal title? A. President. Q. Okay. Are you also CEO? A. Just president. Q. Okay. Who is -- is there a CEO, chief executive officer? A. I think it's just president and vice president. Q. Okay. So you are president and vice president?
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A. My sister shares a title. I'm president and I think she is actually on the paperwork as vice president. Q. Okay. Was there a period of time when you were taken off the corporate documents as an officer of Uncle Bubba's Seafood & Oyster House? A. No, sir. No, sir. Q. Okay. Was there a period of time when Karl Schumacher replaced you on the corporate documents at Uncle Bubba's as an officer? A. Not that I'm aware of. Q. Okay. A. Only my sister could have done that. Q. Uh-huh. Well, do you know whether your sister did that after Ms. Jackson resigned her employment and filed her EEOC charge? A. No, sir. Q. Is there anyone who would have the authority to fire you as an employee of Uncle Bubba's? A. Just my sister. Q. Okay. And why does she have that authority? A. Because she's my sister. Q. You're her brother. Can you fire her?
A. I have been told by the CFO that she has contributed money. Q. Okay. And she has contributed both capital contributions and made loans to Uncle Bubba's? A. Correct. Q. Okay. Do you know anything about the terms of any of those loans? A. I do not. Q. Okay. Now, since 2004, what have been your day-to-day duties at Uncle Bubba's? A. Over -- finished? Q. Yeah. A. Overseeing the day-to-day operations of my business. Q. Okay. And in -- when did you first hire someone to serve as general manager for the restaurant? A. The first year we were open. Q. Okay. And who did you hire? A. The gentleman's name was John Pate, P-a-t-e. Q. John. Okay. And how long did John Pate work there? A. I don't recall how long.
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A. No, sir. Q. Okay. So why does her being your sister give her that authority or is there some other reason she has the authority? A. All I know is that she's the only one that could fire me. Q. Okay. Is it because she is the -- she's actually the person who has the money and is kind of the true power in all the restaurants? MR. WITHERS: Objection. Asked and answered. MR. BILLIPS: You can answer. MR. WITHERS: You can go ahead and answer. MR. BILLIPS: You can answer. THE WITNESS: Repeat your question, please. BY MR. BILLIPS: Q. Is it because she's the one who actually has the money that keeps these businesses afloat? A. She has more money than I do. Q. Okay. And does she contribute money over and above what you put into the company to keep Uncle Bubba's Seafood & Oyster House operating?
Q. Do you recall who replaced him? A. No. I don't recall who was the next general manager. Q. Okay. How many general managers were there before Lisa Jackson was hired? A. I recall John Pate. Then it could have been Ms. Jackson. Q. Okay. Was Ms. -- Mr. Pate fired? A. He was relieved of nonperformance. Q. Okay. Was his -- one of the reasons he was fired because he was accused of sexually harassing employees? A. I have no knowledge of that. Q. Okay. Who fired him? A. Me and my sister. Q. Okay. Was he sexually harassing the female employees? A. Like I said, I have no knowledge of that. Q. Well, had anybody told you he was making inappropriate sexual remarks or inappropriate statements or having inappropriate relationships with employees? A. No, sir. Q. Okay. Was he having an affair with an
10 (Pages 37 to 40)
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employee? A. I do not know that. Q. Okay. Did anybody ever tell you he was? A. No, sir. They did not. Q. Okay. He was relieved for nonperformance. Was that because he -- the restaurant was losing money? A. I don't know if we were losing money at that time. It was just that his performance level was not satisfactory. Q. Okay. Now, how were you paid? What was your manner and amount of compensation that you received from the restaurant as an employee? A. It came in the form of a check on Fridays. Q. Okay. And how much were you paid in your paycheck? A. I believe in the beginning my bring-home pay was 1,600 per week. Q. Was there a general manager named Fred Plantadis? A. Plantadis. Q. Plantadis. A. I'm not sure if he became general manager, but I do know that he was a manager.
A. I have. Q. And is that the money that you are supposed to be and are entitled to be paid on a regular ongoing basis? A. Yes, sir. Q. And at the -- are you also entitled to receive distributions if there is -- Uncle Bubba's shows a profit at the end of the calendar year? A. Yes, sir. Q. Okay. Was there a time period when Ms. Jackson was employed in which you were taking the deposits to the bank yourself? A. Yes, sir. That was one of my daily duties. Q. Okay. And did you begin to take money out of the -- what was to be deposited -MR. WITHERS: Objection. BY MR. BILLIPS: Q. -- and keep it for your own use? MR. WITHERS: Objection. We're not going to get into that in this deposition. MR. BILLIPS: You can answer. MR. WITHERS: No. He can't answer that. MR. BILLIPS: On what basis? MR. WITHERS: We are going to limit the
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Q. Okay. And was he fired? A. He resigned. Q. Was he asked to resign? A. Not by me. Q. By whom? A. I don't know if anyone asked him to resign. Q. Okay. Was he accused of having sex with staff members? A. I have no knowledge of that. Q. Okay. Have you ever heard that from any source? A. I don't recall. Q. Okay. Was he accused of gambling? A. I did hear that. Q. Okay. Was there some concern that he was using Uncle Bubba's money? A. No concern by me. Q. Okay. Was there concern by someone else to your knowledge? A. Not that I'm aware of. Q. Okay. All right. Throughout the period that you have worked at -- as an employee of Uncle Bubba's have you received your paycheck on every Friday?
scope of this deposition so that that is not an avenue for exploration at this deposition. It's not reasonably calculated to lead to the discovery of admissible evidence, and it doesn't have anything to do with your client. BY MR. BILLIPS: Q. Was Ms. Jackson the general manager at a point in time during which you began to take money out of the deposits that were going to the bank? MR. WITHERS: Objection. And he is instructed not to answer that question. BY MR. BILLIPS: Q. Did you also take money out of the petty cash to use for your own purposes? A. No, sir. Q. Okay. You just took money out of the deposits? MR. WITHERS: Objection. You're instructed not to answer that question. MR. BILLIPS: Can you articulate a privilege? MR. WITHERS: No. But it is not reasonably calculated to lead to the discovery of admissible evidence. Again, I'm instructing him not to answer pursuant to Rule 30.
11 (Pages 41 to 44)
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MR. BILLIPS: Are you suspending to seek a protective order? MR. WITHERS: With respect to that avenue of questioning, we will limit the scope of this examination. MR. BILLIPS: Under what authority, what rule? MR. WITHERS: You know, I've just told you. Under Rule 30. MR. BILLIPS: Okay. Under Rule 30, the only time you're entitled to instruct a witness not to answer a question is, A, if you are protecting a privilege; B, if you are enforcing a previously entered order of the court; or C, if you are suspending the deposition for the purpose of seeking a protective order. Are you doing any of those? MR. WITHERS: He is not going to answer the question. You can proceed in whatever fashion you would like, sir. MR. BILLIPS: Do you intend to file a motion for protective order? MR. WITHERS: We will file an appropriate motion. BY MR. BILLIPS:
Q. Okay. And were you ever made aware that the amount that was being deposited and the amount that was showing in the report as needing to be deposited did not jive, they were not the same amounts? A. Mr. Schumacher did say something to that effect to me one time. Q. Okay. Did you have any explanation to provide to Mr. Schumacher as to why that might occur? MR. WITHERS: Objection. We're not going to -- I've told you we're not going to get into this. Don't answer that question. We'll seek an appropriate order. BY MR. BILLIPS: Q. Mr. Hiers, you have brought a claim against Ms. Jackson, haven't you, alleging that she took money from Uncle Bubba's, took other things belonging to Uncle Bubba's? A. Yes. I've heard that in this lawsuit. Q. Okay. Why did you bring that claim? Why did you essentially sue her? A. Because my company paid for items that were in her possession and never got returned to my business.
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Q. Okay. Mr. Hiers, was Ms. Jackson's performance judged in part based on the restaurant's profitability? A. No, sir. Q. Was she held accountable for the restaurant bringing in money and keeping the costs down? A. Part of her duties, yes, sir, as a general manner. Q. Okay. And part of her duties were to ensure that the -- that the money that came into the restaurant actually went to the bank and stayed in the restaurant; is that correct? A. I made the daily deposits. Q. Okay. Who filled out the deposit slips showing the amounts? A. I did. Q. Okay. Did Ms. Jackson fill out deposit slips and give them to you? A. No, sir. Q. Okay. Did Ms. Jackson also -- did Ms. Jackson have reports that showed how much money had been made that day and in the sales reports? A. There is a report that's printed off via computer.
Q. Okay. Did you ever make a demand to her that she return them before you filed suit? A. My managers did. Q. How do you know? A. I was told that. Q. When were you told that? A. Shortly after she left. Q. Which items? A. I'm sorry? Q. Which items did they ask for? A. I recall there were chef coats, a computer, a camera and restaurant items that were used to display food. Q. And who told you they had made that demand for return of those items? A. I don't recall exactly who it was. I would be guessing if I named a name today. Q. Is there any documentation showing that any such demand was made? A. I'm not sure. Q. Okay. Has anyone ever sued you for taking money from Uncle Bubba's to which you were not entitled? A. No, sir. Q. Okay. If Ms. Jackson had not filed suit
12 (Pages 45 to 48)
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against Uncle Bubba's, would you have sued her? A. I was not aware that my company actually paid for these items until she left Uncle Bubba's. Q. Okay. Sure. And it was two years or almost two years between the date she left and the date the lawsuit was filed. During that time, did you do anything to institute legal proceedings against Ms. Jackson? A. I don't think I did. Q. Okay. And would you have done so but for the fact that she filed the lawsuit against y'all? A. Oh, no, sir. That would have no difference. I would have. Q. You would have sued her anyway? A. For my property, yes, sir. Q. Okay. Why hadn't you sued her before she filed suit? A. I don't know. Q. Okay. Did you ever give any money back that -- to the company that you had taken from the deposits? A. No, sir. Q. Okay. Did anybody sue you for taking money from the deposits?
are back on the record. BY MR. BILLIPS: Q. Mr. Hiers, prior to Mr. -- what did you say, Plantadis? A. Plantadis. Q. Plantadis. Mr. Plantadis' termination, did Ms. Jackson inform you that he had been taking money from the safe and putting it in his own bank account? A. I don't remember that. Q. Okay. Did Ms. Jackson inform Ms. Deen that Mr. Plantadis was taking money from the restaurant for his own use? A. I have no knowledge of that. Q. Okay. Were you present when Ms. Deen terminated Mr. Plantadis? A. He was not terminated. I recall him resigning. Q. Okay. Did Ms. Deen speak to him prior to his resignation about his conduct? A. I'm not sure. Q. Okay. Did anyone ask you contemporaneously with or after his termination, around that time period, if you and Mr. Plantadis had been using cocaine together?
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A. No, sir. Q. Okay. Were you ever informed that the company was aware that you had taken money from the deposits? A. Like I told you earlier, one time Mr. Schumacher said something to me in that effect. Q. Okay. And did he tell you that he was aware that you had taken money from the deposits before the cash was put in the bank? Is that what he told you? A. No. Q. What did he tell you? MR. WITHERS: Objection. Same objection. We're going to seek an appropriate order on this. Don't answer the question. VIDEO TECHNICIAN: Excuse me, Counsel. I hate to interrupt. We have about three minutes and we'll need to do a tape change. MR. BILLIPS: Okay. Let's go ahead and take a break. VIDEO TECHNICIAN: The time is 10:04 a.m. We're off the record. (Recess from 10:04 a.m. to 10:18 a.m.) VIDEO TECHNICIAN: The time is 10:18 a.m. It's the beginning of DV tape two. We
A. No, sir. Q. Had you been? A. No, sir. Q. All right. So in any event, Ms. Jackson was hired to work or she was already working for the restaurant at the time Mr. Plantadis was terminated, correct? A. Yes, sir. She was employed with Uncle Bubba's. Q. She was working as the office manager, correct? A. She held three positions in my company. I don't know which one she was holding at the time he resigned. Q. Okay. And upon his resignation, she was promoted to be general manager; is that correct? A. I recall that she started out as a hostess. Q. Uh-huh. A. My office manager resigned, moved to Atlanta, Georgia. And she told me that she had office experience with her husband's business, and I offered her the job as office manager. She accepted. Q. Uh-huh.
13 (Pages 49 to 52)
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A. And I recall offering her the general manager -- general manager's position when we needed a general manager. Q. Was that when Mr. Plantadis resigned? A. I don't recall if he had resigned or what. Q. Okay. He was the general manager immediately prior to her, right? A. He may have been. Q. Do you know why the office manager resigned? A. To move to Atlanta, Georgia to go to work for someone else. Q. Okay. What was her name? A. I don't remember her name. Q. How long did she work there? A. Six months, maybe, or less. Q. Okay. A. I don't recall exactly how long. Q. Did she make any complaints or allegations of misconduct? A. Not that I'm aware of. Q. Okay. Now, when Ms. Jackson first became office manager, who determined what her salary would be?
A. Yes, sir. Q. Okay. Did you have any role in setting the amount? A. No, sir. Q. Okay. Did you have any role in deciding when or if those bonuses would be paid? A. I was just told. Q. Okay. A. Sometimes I was told, sometimes I wasn't. Q. Okay. Did Mr. Schumacher set the compensation for all of the employees at Uncle Bubba's? A. No, sir. Q. Which ones did he not set compensation for? A. Some hourly people. Q. Okay. Who was responsible for that? A. Lisa and myself. Q. Okay. For how long was Ms. Jackson the general manager of Uncle Bubba's? A. I don't recall the exact hire date. I believe it was in 2006 until she resigned in 2010. Q. Okay. Throughout the time period that she worked there, did you ever make any statements
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A. Mr. Schumacher. Q. Did he communicate with you or seek your approval of her salary or bonus structure? A. He did tell me about it. Q. Okay. What did he tell you? A. That she was going to be salary. Q. Okay. Did he tell you how much? A. I don't recall how much her salary was. Q. Did he tell you what it was? A. No. I don't recall if he told me or not. Q. Is that something that was within Mr. Schumacher's authority or control was to set salaries for managerial employees at the restaurant? A. Yes, sir. Q. Okay. Was Ms. Jackson also supposed to receive bonuses on a periodic basis? A. As an office manager? Q. No. I'm sorry. After she became general manager. A. I'm aware that there was a bonus paid to her. Q. Okay. Was that something that Mr. Schumacher determined?
or comments having a sexual connotation? A. No, sir. Q. Okay. Did you ever tell any jokes that were dirty jokes? A. I do recall reading off of my cell phone one day a joke using the "N" word. Q. Okay. To Ms. Jackson? A. She was present. Q. Okay. Is that the only time that you ever used the "N" word at Uncle Bubba's? A. You know, I've used it before. Q. Uh-huh. A. I regret using it. Q. Uh-huh. How much do you regret using it? A. Very rarely. Q. No. How much do you regret using it? A. Oh, how much do I regret using it? Q. Yeah. A. A lot. Q. What have you done to show the extent of your regret for using the "N" word? A. Be aware -Q. Uh-huh. A. -- not to use language like that.
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Q. Did you use language like that to black people working for Uncle Bubba's? A. No. No, sir. Q. About black people working for Uncle Bubba's? A. I -- I don't remember that. You know, I've -- I've used the word. I don't know how often I used it. I remember telling the joke. Q. Okay. You used that word so many times you can't recall the particular examples? A. No, sir. MR. WITHERS: Objection. Objection. That mischaracterizes the testimony. BY MR. BILLIPS: Q. Am I understanding you correctly that you use it so often you -- you can't recall the examples? A. No, sir. You're not understanding me correctly. Q. Okay. Can you recall any examples other than the one time when you read a joke off your cell phone? A. No, sir, I cannot. Q. Okay. Do you recall whether you used the "N" word to refer to the African-American
Q. Yeah. A. No, sir. Q. Okay. Do -- did you use the "F" word at work? A. I have. Q. Okay. To people in conversation? A. They may have heard me say it, but not directed at anyone. Q. Okay. Were you ever looking at pornography on the computer at work? A. I have admitted to looking at pornography. Q. Okay. And when and in what context did you make that admission? A. My corporate attorney was present, Lisa Jackson was present, Karl Schumacher was present sitting at this table. Q. Okay. A. And Ms. -- and my attorney said, Bubba, have you ever looked at porn at work? And I said, yes, I have. Q. Okay. Did you say anything to the effect of don't tell me you don't do that when you go home at night? A. I don't remember saying that to him.
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employees working at Uncle Bubba's? MR. WITHERS: Objection. Asked and answered. You can go ahead and answer. THE WITNESS: No, sir. I don't remember saying that. BY MR. BILLIPS: Q. Okay. Maybe you did, maybe you didn't, you just don't remember? A. I don't know. MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS: Q. Now, did you ever comment on the bodies of the women who worked at Uncle Bubba's? A. No, sir. Q. Okay. For example, did you ask Ms. McCurry or say to Ms. McCurry here that she has -I think the words were it's a good thing that she has a nice ass because she doesn't have much tits? A. No, sir. Q. Okay. Did you ever make any similar comments to any other employees? A. No, sir. Q. Do you remember a bartender named Kelly? A. Kelly?
Q. Do you deny saying it or do you just not remember? A. I do deny saying it. Q. Okay. Do you remember when that meeting occurred? A. No, sir. I don't recall the exact day and date. Q. Was it about six months before Ms. Jackson resigned her employment? A. Like I said, I don't recall exactly the day and year and date of that meeting. Q. Can you give me -- well, can you put it in sequence with Ms. Jackson's resignation? Was it a couple of days before her resignation, six months before her resignation, a couple of years before her resignation? When? A. I would be guessing. MR. WITHERS: Well, don't guess. BY MR. BILLIPS: Q. Give me your best recollection. A. It was either 2009 or 2010. I recall it being after the EEOC episode. Q. Uh-huh. Okay. That's when some employees had filed EEOC charges? A. Yes, sir.
15 (Pages 57 to 60)
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Q. And is one of the issues that had come up in the context of that EEOC inves -- or EEOC mediation that you were looking at pornography on the computer? A. I don't recall if that was asked. Q. Was one of the allegations in those EEOC charges that you had said that you wanted to replace all of the employees with Hooters girls? A. Was that one of the accusations? Q. Uh-huh. A. I have read that that was one of the accusations. Q. Okay. Was it true that you had said that? A. No. No, sir. Q. Okay. The employees that filed -- or at least three of the employees who filed EEOC charges were alleging that they were fired because of -- or not rehired or something because of their age; is that correct? A. That's what they alleged. Q. Did any of them also allege that they were subject to a hostile -- hostile work environment? A. I don't recall that.
discrimination against them, right? A. That's what they filed. Q. Okay. And was that the only basis on which they based their claim of age discrimination? A. Yes. To my knowledge. Q. Okay. Did they base their claims of discrimination on anything other than the accusation that you said you wanted to replace them all with Hooters girls? A. Not to my knowledge. Q. Okay. Now, what was the purpose of this meeting here at this table with corporate counsel, Mr. Schumacher, Ms. Jackson and you -A. Correct. Q. -- where you admitted looking at porn on the company computer? A. I don't know what the purpose of the meeting was. I can tell you what took place in the meeting. Q. Sure. Tell me. A. One of the questions was about the pornography, and I admitted to doing it. And then the rest of the meeting was moving forward in the business and they were asking me questions about
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Q. Okay. The basis for the statement that they were let go because of their age was the accusation that you wanted to replace them all with Hooters girls? A. Not true. Q. Okay. What was the basis for the accusation that they were fired because of their age? A. What was their accusation? Q. What was the basis for it? What did they say was the reason that they thought they were -- that age was why they were fired? One of them specifically said that they had overheard management saying I want to replace them all with Hooters girls, right? MR. WITHERS: Objection. Compound question. BY MR. BILLIPS: Q. That's one of the accusations that they overheard you saying, you wanted to replace all the waitresses with Hooters girls? A. That's what I've heard. Q. Okay. And they -- the older women who were working there who filed these EEOC charges alleged that that was evidence of age
my role in the business, could -- could I and would I not be as active in the business, and that I just basically meet and greet and sign photographs -- sign autographs and take photos. Q. Okay. And did you agree to do that? A. I said, I'll do whatever y'all want me to do. Q. Okay. So essentially they wanted you to be a figurehead? A. After that meeting that was the way I felt. Q. Okay. Did you resent that? A. I did not resent it. It was just what I felt. Q. Did it make you unhappy? A. Not pleasant. Q. Okay. Did you feel that they didn't trust you to run a business that was named after you? A. Yes. Q. Okay. Did they also tell you during this meeting not to come to work impaired? A. No, sir. Q. Okay. Did they tell you at any later time don't come to work impaired, don't be at work
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impaired? A. No, sir. Q. Okay. Did they tell you to stop watching porn on the company computer? A. All I recall is that my attorney asked me had I done it and I admitted to doing it. Q. Well, when you admitted to doing it, did anybody say, Bubba, don't do that anymore? A. I don't remember if they actually said that. Q. Okay. Did you understand that they didn't want you to look at porn on the computers at work anymore? A. I did understand that. Q. Okay. Now, the computer at Uncle Bubba's that you were using to look at porn was in the office in the back of the restaurant; is that right? A. There was a kitchen computer -Q. Uh-huh. A. -- and an office computer. Q. Okay. Where is the office computer located physically within the restaurant? A. The front house office is located right off the main dining room.
Q. Okay. So if you come in the office, if you are anywhere in the office, the computer screen would be facing you? A. Correct. Q. If you -- okay. So it would be clearly visible to anyone else who was in the office? A. Correct. Q. And the door is on the far end of the wall from that computer? A. Correct. Q. So if somebody comes into the office and turns and they see -- and you're sitting there looking at porn, they see you sitting there looking at porn, right? A. Yes. Q. Okay. And there were also occasions when you're sitting there looking at porn on the computer where you would call people over and show them, hey, look at this? A. Never. Q. Never happened. Okay. How many times did you look at porn on the computers at work? A. I've never counted. Q. Okay. Would it be a large number? A. No, sir.
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Q. Okay. And it was the front house office that you were using to look at porn? A. I -- I did use that computer. Q. But did you use it to look at porn? A. I did use -- use it. Q. Okay. Did you use the kitchen computer to also look at porn? A. I have. Q. Okay. The office computer or the front of the house office off the dining room, how big is it? A. Six by six. Q. Okay. Does the computer sit up against -- sit on a desk up against the wall? A. There was two desks in there. Q. Okay. And is -- where is the desk with the computer in relationship to the door? A. To the left. Q. Okay. And is the door -- if you are looking from inside the office, the computer would be on your right and the door would be on your left? If you are inside the office looking at the door -A. If I'm inside the office facing the door, the computer would be on the right.
Q. Okay. There -- did there come a time that -- because these porno Web sites often have viruses that download to your computer when you access them, did there come a time that your use of porn was actually interfering with the company because the computers were getting so many viruses on them? A. No, sir. I do recall that Lisa Jackson had a conversation with me that the kitchen computer had crashed and she suspected that kitchen employees were looking at porn on the kitchen office computer. And -Q. Did you tell her -MR. WITHERS: Objection. Let him -- let him finish. MR. BILLIPS: Oh, I'm sorry. Go ahead. THE WITNESS: And I suggested to her either, A, keep the kitchen door locked; B, put a password on the computer; or C, remove the computer. BY MR. BILLIPS: Q. Okay. Did you tell her that that was probably you that was looking at porn and caused the computer to get a virus? A. The only person that ever asked me if I
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was looking at porn at my company was my corporate attorney. Q. Okay. When she told you that she thought it was kitchen employees, did you tell her, no, it probably wasn't them, it was probably me? A. I don't remember that. Q. Okay. So were you willing to let the kitchen employees take the fall for you about the use of porn on the kitchen computer? MR. WITHERS: Objection. Conclusion. Speculation. BY MR. BILLIPS: Q. You can answer. MR. WITHERS: And improperly characterizes his testimony. He can go ahead and answer. THE WITNESS: Repeat your question. BY MR. BILLIPS: Q. Were you willing to let the kitchen employees be blamed even though it might well have been you? A. Well, I suspected they were doing it. Q. Too? A. Too.
A. I don't know. Q. Okay. Did there ever come a time when you were unable to access porn from the office? A. I do not know. Q. Okay. Well, when was the last time you tried? A. I do not know. Q. Has it been within the last year? A. No. Q. Okay. Has it been since Ms. Jackson resigned her employment? A. No. Q. Okay. It certainly was during the period that she was general manager? A. She -- I admitted to looking at porn while she was the general manager. Q. Right. Right. But have you admitted to the full extent of your viewing of pornography? MR. WITHERS: Objection as to vagueness and the question with respect to full extent. You can go ahead and answer. THE WITNESS: Repeat your question. BY MR. BILLIPS: Q. Well, actually I hadn't finished it. But have you admitted to the full extent of your
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Q. Okay. Did you have any actual evidence that they were doing it, too? A. No, I did not. Q. Had you ever sat there with them while they looked at porn on the computer? A. Absolutely not. Q. Okay. So you didn't have any personal knowledge that kitchen employees were looking at porn, but you had personal knowledge that you were using that computer to look at porn? A. Yes, sir. I've admitted using that computer. Q. Okay. And when Ms. Jackson told you she thought the problem might be the kitchen employees, did you tell her that the problem was actually at least in part you? A. I do not -MR. WITHERS: Objection. Asked and answered. You can go ahead. THE WITNESS: I do not remember saying that. BY MR. BILLIPS: Q. Okay. Did the company ever put a firewall on the computers that you could not bypass so that you couldn't look at porn?
use of pornography with regard to the frequency or the particular Web sites or the amount of time in a day that you would spend? MR. WITHERS: Objection to admitted. Admitted to whom? MR. BILLIPS: Anybody. MR. WITHERS: Well, don't talk about what we've talked about. MR. BILLIPS: Okay. Other than Mr. Withers. MR. WITHERS: But you're -- you're able to go ahead and answer that question. THE WITNESS: I -- I admitted to my corporate attorney to watching porn at my business. BY MR. BILLIPS: Q. They didn't ask you anymore questions about how often, who was there, who saw it? A. No, sir. Q. Okay. Do you know who saw it? A. No, sir. Q. Okay. Somebody saw it because you were confronted by it, right? A. I've been told that -- I was accused of leaving a window open.
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Q. Okay. You actually called the computer company at one point because when you'd get on the computer, it would give you a list of the Web sites you had visited. Do you remember that? A. No, sir. Q. Okay. Do you remember being concerned that the drop-down list of Web sites you had visited included porn sites? A. No, sir. Q. Okay. Do you recall calling the computer people because of what you thought was a virus when actually it was just the browser history showing up when you would go to enter a Web site? A. I never made those calls. If there was any computer issues, Ms. Jackson, Lisa Jackson, would call the computer man to come in to resolve the problem. Q. Okay. Who was the corporate counsel that you spoke to when you admitted that you were looking at porn? A. I believe his legal name is James P. Gerard. Q. Okay. Goes by Jim? A. Goes by -- we call him Jim.
with this case? A. Like I said, it's just Mr. Withers representing me. Q. Okay. Is there any kind of relationship between the law firms with regard to the representation for this case to your knowledge? A. To my knowledge, Oliver, Maner is my sister's attorneys in this case, and Mr. Withers is my attorney in this case. Q. Okay. And so for purposes of this case, there isn't any kind of agreement between the firms to provide representation, to your knowledge? A. Not to my knowledge. Q. Okay. There isn't any kind of joint defense or joint privilege agreement between counsel to your knowledge? MR. FRANKLIN: Object. MR. WITHERS: Object. BY MR. BILLIPS: Q. To your knowledge, Mr. Hiers, are you aware of any joint defense or joint privilege agreement? A. No, sir. I am not. Q. Okay. And given that you are the
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Q. Okay. He works here at Oliver, Maner? A. Correct. Q. Now, at one point in time Oliver, Maner represented you and your company in connection with Lisa Jackson's EEOC charge; is that correct? A. Yes. Yes, sir. Q. And does Oliver, Maner currently have any attorney-client relationship with you or your company as it relates to Lisa Jackson's EEOC charge? A. Excuse me. I have Mr. Withers representing me. Q. Uh-huh. A. And my sister uses Oliver, Maner. Q. Okay. But what about Uncle Bubba's Seafood & Oyster House, Incorporated? It's also represented by Mr. Withers? A. No, sir. Not outside of this case. Q. Okay. But that's what I'm saying. For the purpose of this case, Mr. Withers is representing the restaurant Uncle Bubba's? A. Correct. Q. Okay. And does Oliver, Maner still have any kind of relationship or involvement in providing representation for you in connection
client, have you given authorization for your private privileged information to be shared with counsel for Uncle Bubba's? MR. WITHERS: You cannot ask him questions about what we have done or not done. Don't answer that question. Attorney-client privilege. It's all preparation privilege. BY MR. BILLIPS: Q. Okay. Now, a moment ago we took a break and you and Ms. McCurry went outside and were smoking and talking together. Do you recall that? A. We were talking together. She was smoking -Q. Okay. A. -- a cigarette. Q. All right. You weren't smoking? A. No, sir. I quit smoking cigarettes New Year's Eve of this year. Q. Okay. What were y'all talking about? MR. WITHERS: Objection. Don't answer that question. She's a part of the management team and is the corporate representative here. BY MR. BILLIPS: Q. Was your lawyer out there with you? A. He came out while we were out there.
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Q. Okay. And before he was out there, y'all were talking? A. Yes, we were. Q. Okay. Don't talk to me about anything that y'all talked about after your lawyer came out, but what were you talking about before your lawyer came out? MR. WITHERS: Don't answer -- don't answer that question. You don't get to question somebody who's within the management structure about things related to this case. I'm going to instruct him not to -- not to answer. MR. BILLIPS: What. I don't get to question people in the management structure about things relating to this case? That's what I get to do. That's your objection that I don't get to question people in the management structure about things relating to this case? MR. WITHERS: I've put my objection on the record. You differ with me. MR. BILLIPS: And on that basis you're instructing the witness not to answer? MR. WITHERS: Do not answer that question.
Q. Does she also help clean up the restaurant and help the servers get food out and things of that sort? A. Sure. Q. Okay. Does she get paid overtime if she works more than 40 hours a week? A. No, sir. Q. Okay. Does she receive tips? A. No, sir. Q. Okay. Does she have the authority to hire and fire? A. Yes, sir. Q. Okay. Does your general manager have the authority to hire and fire her? A. Yes, sir. Q. Okay. She has also served as the corporate representative for the depositions for the last couple of days, correct? A. Correct. Q. She is one of your longest serving employees, correct? A. She was actually hired to go to work at Uncle Bubba's before we actually opened for business. Q. Okay. Who hired her?
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MR. BILLIPS: Okay. Is that a privilege? MR. WITHERS: I think that is a privilege with respect to matters that fall within this -- the confines of what we're doing here today. MR. BILLIPS: What kind of privilege? MR. WITHERS: It would be the work product privilege. MR. BILLIPS: Okay. BY MR. BILLIPS: Q. What is Ms. McCurry's position at Uncle Bubba's? A. She is a front house manager. Q. Okay. You also have a general manager, correct? A. We do. Q. Is Ms. McCurry a salaried employee or an hourly employee? A. They -- all my managers are salary employees. Q. Okay. As a front house manager, what does she do? A. She helps oversee the day-to-day operations of my restaurant.
A. I don't recall. Q. Okay. Has anyone or did anyone during the period of time that you -- or that Ms. Jackson worked for Uncle Bubba's, did anyone ever question you about whether you had used the "N" word to refer to employees at Uncle Bubba's? A. No, sir. Q. Okay. Has anyone ever, other than Mr. Withers, questioned you about whether you have used the "N" word to refer to employees at Uncle Bubba's? A. No, sir. Q. Okay. During the period of time that Ms. Jackson worked at Uncle Bubba's, there was no human resources director; is that correct? A. Correct. Q. And did you have a human resources handbook that was finished and published and disseminated to the employees? A. I recall that Lisa Jackson was working with Mr. -- my corporate attorney, Jim Gerard, on working on an employee handbook. Q. Okay. And who had given her that task? A. Mr. Schumacher. Q. Okay. Now, did your -- one of the
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allegations in the complaint is that Ms. Jackson replaced a general manager that was having sexual relationships with servers. Do you admit the truth of that statement or deny it? MR. WITHERS: Asked and answered. MR. BILLIPS: You can answer. THE WITNESS: Like I said earlier, he was -- Mr. John Pate was relieved of nonperformance of duties. BY MR. BILLIPS: Q. Okay. Well, was there a meeting with the general manager and Ms. Jackson at which you were present that your sister terminated the general manager? MR. WITHERS: Objection. Asked and answered. You can go ahead. THE WITNESS: All I remember is that when Mr. Pate was terminated that it was me and my sister present. BY MR. BILLIPS: Q. Okay. A. I do not recall Ms. Jackson being there. Q. Okay. What about Mr. Plantadis? A. I do not recall him being in the room either.
A. Yes, sir. Q. Okay. Would you consider a joke about why men should date women with flat heads to be a dirty joke? A. I would think it would be considered a dirty joke. Q. Okay. You're familiar with that joke, right? A. I have heard it. Q. Okay. You've told it? A. I don't remember telling it, but I've heard it. Q. Did you ever tell it at work? A. I don't remember telling it at work. I've heard the joke. Q. Okay. Who did you hear it from? A. People that I've known throughout my life. Q. Uh-huh. Did you ever take an email that you had received, print it off, that had to do with why we should allow gay marriage? A. No, sir. I never printed that off. Q. Okay. Do you recall receiving it? A. I have a nephew by the name of Robbie Beaver that has sent me emails, and I'm not even
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Q. Okay. Did Ms. -- did your sister in connection with terminating that general manager tell you, if you think I've worked this hard to lose everything because of a piece of pussy, you better think again? A. I did not hear her say that. Q. Okay. Is that consistent with things you have heard her say on other occasions? A. No, sir. MR. WITHERS: Objection. Vague. BY MR. BILLIPS: Q. Have you heard her use language such as that on other occasions, a piece of pussy? A. Oh, no, sir. Q. Your sister Paula does have a salty -use salty language on occasion, doesn't she? A. Yes. Q. Okay. She tells -- she's told jokes about blow jobs while filming her show? A. I don't know about filming her show, but she tell -- she tells jokes. Q. She tells dirty jokes? A. They could be considered dirty. Q. Okay. Well, would you consider a joke about blow jobs to be a dirty joke?
sure if that one came from him, but in that six-by-six office was that computer and it was our gen -- Uncle Bubba's Seafood & Oyster House generic email. And he was not living in Savannah and he would -- I would see his name pop up. I would click on it, not knowing what was in it. And sometimes he would send pictures of nude -nudity. Q. Uh-huh. A. And when I saw this, I informed the people -- the ladies that work for me in the office as front house managers, I warned them that -- not to open that window with his name on it because it may contain something inappropriate. Q. Okay. Did you bring that email to a meeting and pass it around? A. I did not. Q. Did you ever bring any of the dirty emails that you got and pass them around to people at meetings? A. I did not. Q. Okay. Now, there was an -- the email or at least you received an email that said why we should permit gay marriage that then had pictures
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of women having sex with each other, right? A. I don't remember the exact content, but I remember the day in a meeting at my restaurant with my front house managers that Ms. Jackson requested that Stephanie Strong bring some photos to that meeting. Q. Okay. Was that an answer to my question? A. Repeat your question, please. Q. Did you print that email off -- or first of all, the question was did that email say why we should permit gay marriage and have pictures of women having sex with each other? That was my question. A. Okay. I do not recall what it said. Did I print it off, no, I did not. Q. Okay. Now, when Ms. Jackson was promoted to general manager, was that actually your sister's decision? A. No, sir. It was not. Q. Okay. Did your sister -- were you present -- strike. Who made the decision to promote her to general manager? A. I initiated it --
A. No, sir. Q. Okay. Are you -- are you aware that Mr. Schumacher doesn't agree with you that you work sufficiently to earn what you receive? A. Since this lawsuit has come out, I have heard that. Q. Okay. Have you seen the emails from Mr. Schumacher where he says that? A. I have been shown some emails. Q. Okay. Have you had any discussions with Mr. Schumacher about why he believes that? A. Absolutely not. Q. Okay. Now, within the first six months that Ms. Jackson began working as general manager, the company's bottom line improved; is that fair? A. I don't -- I don't know if it improved. Q. Okay. Was the company showing a profit? A. The company has never shown a lot of profit. Q. Okay. Is one of the reasons the company hasn't shown a profit was because you were taking money out of deposits? A. No, sir. Q. Well, was there an occasion where you were taking out as much as 25 to $30,000 a month?
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Q. Okay. A. -- with the assistance of Karl Schumacher. Q. Okay. Did you tell Ms. Jackson that she was everything that you've never wanted but everything you needed a woman to clean your business up? A. No, sir. I did not say that. Q. Did you say anything like that? A. No, sir. I did not say that. Q. Okay. Now, your sister Paula has pretty much run your life since you were 16? MR. WITHERS: Objection. Vague. BY MR. BILLIPS: Q. Is that fair? A. No, sir. It's not fair. Q. Okay. She took over caring for you when you were 16 years old? A. That's more fair to say. Q. Okay. And she gives you things like a restaurant, right? A. I have worked for my position. Q. Okay. Do you -- have you had any conflict with Mr. Schumacher over whether you have worked for your position?
A. No, sir. Q. Okay. If Mr. Schumacher has testified that you in fact took out around 25 to $30,000 in a single month, would you disagree with him? MR. WITHERS: Objection. I think that's an inappropriate characterization of Mr. Schumacher's testimony. BY MR. BILLIPS: Q. You can answer. A. Repeat the question. Q. If Mr. Schumacher has testified that you were taking out 25 to $30,000 in a month from the deposits, would you dispute his testimony? A. I would disagree with that number. Q. Okay. How much would you say it was? MR. WITHERS: Objection. You know, we've already plowed this ground and now you're trying to go through the back door. Don't answer that question. MR. BILLIPS: Is he taking the Fifth? MR. WITHERS: Counsel, I've told you my position and what I plan on doing. I don't plan on getting into a colloquy with you about it. MR. BILLIPS: Okay. BY MR. BILLIPS:
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Q. Well, has anyone ever threatened you with criminal prosecution over that matter? A. No, sir. Q. Okay. The -- do you believe yourself to be at risk of criminal prosecution relating to taking money from deposits? A. No, sir. Q. Okay. As a matter of fact, the year that Mr. Schumacher confronted you about money, taking money from the deposits, did they adjust your compensation to show that money as earned salary at -- by adjusting it at the end of the year? A. I've been told. Q. Okay. You've been told that? A. I've been told that. Q. Okay. Did it show up on your W-2? A. I've been told that it was. Q. Okay. Mr. Schumacher also handles your taxes? A. He does. Q. Okay. Did you have authority from Paula Deen to take money out of the deposits before they went to the restaurant -- or excuse me, before they left the restaurant and went to the bank?
that money? MR. WITHERS: Objection. Don't answer that question. You can answer that question. Go ahead. THE WITNESS: That would not be fair. BY MR. BILLIPS: Q. Why not? A. I own 50 percent of that business. Q. Okay. So half of that money you stole from your sister because she owns the other 50 percent? A. She owns the other 50 percent. Q. Okay. So you stole half of that money from her? A. Okay. Yes. Q. Okay. And you used the position you held as a high-level employee and as an officer of the corporation to take money to which you were not entitled through an act of deceit? MR. WITHERS: Objection. Don't answer that question. Counsel, you can keep replowing this ground, but this has nothing to do with your client. I know what you're trying to do with it. Let's move on to something that actually has
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A. No. Q. Okay. Did -- did you ever -- before taking money out of deposits that were going to the bank, did you tell your sister you were going to do so? A. No. Q. Did you have any intention of telling your sister you were going -- that you were doing that? A. No. Q. Okay. If you hadn't been caught, would you have ever told anybody you were doing that? MR. WITHERS: Objection. Speculation. BY MR. BILLIPS: Q. You can answer. To your knowledge, would you have told anybody? A. No. Q. Okay. Your sister is a 50 percent owner in the business, right? A. She is. Q. Did you share that money with her 50/50? A. I did not. Q. Did you have intention of doing so? A. No. Q. Would it be fair to say that you stole
relevance and materiality to Mrs. Jackson's claims. MR. BILLIPS: This is conduct which we will be entitled to explore specific instances of conduct that we'll be entitled to use for the purpose of impeachment of this witness. MR. WITHERS: Absolutely not. MR. BILLIPS: You don't think. It's at least discoverable on that grounds. MR. WITHERS: Yeah. I've given you my objection maybe five times. We can continue or you can get to things that are relevant to Mrs. Jackson's complaints that form the basis of her lawsuit. MR. BILLIPS: I believe that this witness's credibility is relevant and the matters touching on his credibility are discoverable. BY MR. BILLIPS: Q. Now, Ms. Jackson was also paid by Paula Deen Enterprises for work performed on behalf of Paula Deen Enterprises; is that correct? A. I was told that since this lawsuit was filed. Q. Did you have no idea that that was going on during the time she was working there?
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A. Absolutely not. Q. Okay. Were you aware that she went to assist in the opening of a restaurant at Harrah's Casino in Mississippi? A. I was aware that she was asked to go out there to over -- to look at the Uncle Bubba's Seafood section to make sure that they were representing us properly. Q. Okay. Now, the Uncle Bubba's Seafood section at Harrah's was set up pursuant to a licensing agreement between Paula Deen Enterprises and Harrah's? A. I would have no knowledge of that. Q. Okay. But your restaurant, Uncle Bubba's Seafood & Oyster House, the name of that restaurant, was part of what was licensed to Harrah's, correct? MR. WITHERS: Objection. He just said he had no knowledge of that. BY MR. BILLIPS: Q. Do you know whether -A. I don't know about licensing. Q. Okay. Have you ever received any compensation for the use of the name Uncle Bubba's Seafood & Oyster House in connection with the
Q. Okay. Is there anything of value, to your knowledge, that Uncle Bubba's Seafood & Oyster House, Incorporated received from Paula Deen Enterprises in connection with the Harrah's licensing agreement? MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS: Q. Anything at all? A. Not to my knowledge. Q. Okay. VIDEO TECHNICIAN: Excuse me, Counsel. We have five minutes and we'll need to do a tape change. Five minutes. MR. BILLIPS: Okay. BY MR. BILLIPS: Q. Did Ms. Jackson also do work for Lady & Sons restaurants on occasion? A. I think so on occasion. Maybe assisted with stuff. Q. With whatever they needed? A. I don't know what stuff. Q. Okay. Did she do things that were outside the scope of Dustin Walls' capabilities? A. I'm not sure.
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restaurant at Harrah's? MR. WITHERS: You're talking about him personally? MR. BILLIPS: Him personally or -- or Uncle Bubba's. THE WITNESS: No, sir. BY MR. BILLIPS: Q. Okay. As a matter of fact, that was a bone of contention that you believed that you should have received compensation for the use of your name and the restaurant's name, correct? A. No, sir. Q. Okay. Did you think the restaurant should have received compensation that would go toward, for example, paying off loans from Paula Deen Enterprises? A. No, sir. Q. Okay. Did you ever tell Ms. Jackson that you thought that the restaurant should have received compensation? A. I don't recall telling her that. Q. Okay. Did you ever sign over your interest and the rights to the name of the restaurant to Paula Deen Enterprises? A. No, sir.
Q. Okay. You don't know what she did? A. I didn't ask her to do it, so I have no knowledge of what she was asked to do. Q. Who would have had the authority to ask her to do things for Lady & Sons? A. I'm assuming it was Mr. Schumacher that may have asked her to do stuff. Q. Okay. Mr. Schumacher, are you aware, that he was of the opinion that Dustin Walls really wasn't capable of doing anything that anybody making $10 an hour couldn't do? A. I never heard that. Q. Okay. Did Ms. Jackson ever discuss with you a position managing both restaurants? A. No, sir. MR. BILLIPS: Okay. Let's go ahead and take a break and change the tape. VIDEO TECHNICIAN: The time is 11:14 a.m. We're off the record. (Recess from 11:14 a.m. to 11:25 a.m.) VIDEO TECHNICIAN: The time is 11:25 a.m. This is the beginning of DV tape three. We are back on the record. BY MR. BILLIPS: Q. Mr. Hiers, did you ever ask anybody not
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to send you pornographic emails? A. Yes, sir. Q. Who? A. Mr. Beaver. Q. Who else? A. That's all I recall, because it was on the email at my office. Q. Okay. And the email at your office, at least for some period of time, there was a UBLJ email that was shared between you and Ms. Jackson; is that correct? A. All -- all I know is that we had one central computer that all emails came into. Q. No matter who they were addressed to? A. Yes. There were some that were just generic emails on advertisement that would come in -Q. So -- so -A. -- and anyone had the opportunity to open. Q. Okay. So any email addressed to an address, I think it was at unclebubbas.com, was -would come in on that computer? A. Correct. Q. Okay. Now, a moment ago you said
BY MR. BILLIPS: Q. Okay. And what was the purpose of printing them and bringing them to the meeting? A. The purpose of it that I -- the way I took it that Ms. Lisa was presenting this as -- as T-shirt material as a joke, Bubba's way of life. Q. Okay. And were y'all talking about the -- about printing up T-shirts at the time? A. I don't know if that was the topic of that particular meeting. Q. Okay. And what was on these pornographic pictures? A. There could have been some sayings. Q. No. I mean, what were the pictures -what did the pictures portray? A. I remember two photos. Q. Uh-huh. A. I don't know how many there were. Q. Uh-huh. A. I remember there were two men sitting on the back of a fishing yacht and there were two women -- there was a woman between each one of them, and I believe the shot was an overhead shot and it por -- it was showing two wom -- these women giving each man a blow job.
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something about somebody telling you that Ms. Jackson had asked them to bring in pictures. A. Correct. Q. And I'm sure you're dying to tell me about that, so why don't you go ahead and tell me what is that about. A. We were in a Tues -- we were in our weekly meeting at Uncle Bubba's. Q. Uh-huh. A. Ms. Jackson asked the office manager at the time, Stephanie Strong, would she print out those -- some pictures and bring them to her. Q. Uh-huh. A. Ms. Strong did bring them to the meeting and they were of pornographic relation. And on -someone had gone in there and put Bubba's way of life onto the whatever size that sheet of paper is. Q. Where were the pictures printed from? A. The company office. Q. No. I mean, was it from an email or a Web site or just on the computer somewhere? A. I'm guessing they came in through -MR. WITHERS: Well, don't guess. THE WITNESS: -- email.
Q. Okay. A. The other one I recall it was two women that I guess were getting married and they had -I remember a long white veil, white stockings, no bra or panties that I recall and shoes. And they were holding hands. And it looked like that they were running through a gar -- they were on a lawn. Not a vegetable garden, but a resident lawn. Q. Okay. And when was this meeting? A. I don't have no day or time or date. It was a weekly company meeting. Q. Do you have a year? A. No, sir. Q. Do you have a -- identify everyone else who was present at the meeting. A. It was me, it was Ms. Jackson, Sandra Sikes, Melissa McCurry. I don't remember other than that. Q. Okay. This was a managers' meeting? A. Yes, sir. Q. Okay. Did the company have group managers' meetings of all the managers of both the restaurants and the store? A. Yes, sir. Weekly managers meeting involves kitchen manager and front house
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management. Q. Okay. Was there also a meeting maybe monthly with the managers at the other restaurant and the Paula Deen retail? A. Yes. There have been monthly meetings at the corporate office with both restaurants. Q. Okay. And -- but this was one of the weekly meetings, right? A. This was one of the Uncle Bubba's only weekly meeting. Q. All right. And you remember Ms. Sikes and Ms. McCurry. Where was the meeting being held? A. I remember it being in what we call the banquet room. Q. Okay. And was it in the banquet room because you needed the space for all the people who were going to be there? A. It was just kind of private. Q. Okay. And you said that the people by position who would be there would be the general manager, you, the front -- front house managers? A. Uh-huh. Q. How many of those were there? A. Let's see. At that particular time,
that I recall. Q. Okay. And -- but is that -- was Ms. Sikes a front house manager? A. She was. Q. And Ms. McCurry was a front house manager? A. She was. Q. And Mr. Hall was the kitchen manager? A. He is. Was. Q. How long has he been the kitchen manager? A. He's been with me a long time. Six years. Q. Okay. How long has Ms. McCurry been a front house manager? A. I'd say six or seven years. Q. Okay. And Ms. Sikes, how long has she been a front house manager? A. Six. Q. Okay. The other two front house managers at the time, who were they? A. I've given you who I recall that I recall being there. Q. Okay. But at the time of this meeting, who were the other people who could have been
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Ms. Strong was not a front house manager. She was the office manager. So there probably would have been four front house managers, and John Hall is our kitchen manager. I didn't give you his name. He -- he could have been there. He's usually there at our weekly meetings. Q. Okay. So there were four front house managers, the kitchen manager, John Hall. A. Uh-huh. Q. Is there a bar manager? A. Those duties are usually done by one of the front house managers. Q. Okay. Are there any other people who would be present at this meeting other than the four front house managers and Mr. Hall? A. At this particular meeting, it could have been Mr. Schumacher. I don't remember. Q. Okay. A. Because he usually comes and reports numbers. Q. Okay. All right. And the two front house managers at the time of this meeting, other than Ms. Sikes and Ms. McCurry -- were Ms. Sikes and Ms. McCurry present as front house managers? A. Like I've said, I've given you the list
there, the other two front house managers? A. Well, you've got Ms. McCurry, Sandra Sikes, and I don't recall who was working for me at that particular time is why I can't give you those two names. Q. Because you don't know whether this was in 2006 or 2010 or any time in between, correct? A. I know it was sometime in between. Q. When? A. 2006 and 2010. Q. Sometime between 2006, 2010, but you can't be anymore specific than that; is that fair? A. Not at this time. Q. Okay. Is there anything that would refresh your recollection and allow you to be more specific as to the date of this meeting? A. Not that I can think of. Q. Do you still have the pictures? A. I think they're still at the office. Q. Where are they? A. I don't know where they are. Q. When you say you think they're still at the office, are they still on the computer or did you put them away in the desk somewhere? A. I don't know if they're in the computer
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or in a desk drawer. Q. Okay. Do you know if they still exist? A. I think they still exist. Q. Why do you think that? A. Because they were relevant to this case. Q. Oh, I see. Have you provided a copy of them to your counsel? A. Yes. Q. Okay. And do those pictures have any dates on them? A. I do not know that. Q. Are they associated with any emails? A. I believe, as we've discussed, that they came in through an email. Q. Okay. And who was the email from? A. I'm not sure. I think Robbie Beaver. Q. Okay. And did you have a copy of the email transmitting these pictures when you provided the pictures to your counsel? A. I'm not sure I understand your question. Q. Well, the email that sent the pictures from Robbie Beaver you think -A. Uh-huh. Q. -- did you print off a copy of that when you provided the pictures to your counsel?
A. Sometime during the past -- last year. Q. Okay. And when you got these pictures, did you get them from the email? A. Like I said, they came in via email. Q. Sure. But when they were printed off -you didn't still have the printout, did you, that you're saying was -- was shown around during this meeting? A. I don't know what happened to the ones that were brought to that meeting. Q. Okay. So you went back and printed off another copy? A. I did not. Q. Who did? A. I do not know who printed it off. Q. Okay. But somebody did go back and print off another copy from the computer? A. I would -- that's a true statement. Q. Okay. And about when did you tell Mr. Beaver to stop sending you porn? A. I don't recall the exact -Q. Can you give me a year? A. 2009. Q. Okay. So sometime before you admitted to looking at porn on the computer you told
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A. They would have been printed off of a computer. Q. Okay. Was the email also printed off a computer? A. Oh, I do not know that. Q. Okay. Was the email to you? A. If it came in from my nephew, it was addressed to me. Q. Okay. Are there any minutes of this meeting, weekly meeting? A. It's not our normal practice to take minutes. Q. Okay. Would Mr. Schumacher be there at weekly meetings or only at monthly meetings? A. He's participated in weekly meetings. Yes. Q. Okay. Now, you've described -- you can't remember who was sitting at the table or when within a period of 2006 to 2010 this event occurred, but you were able to describe the pictures with great detail. A. Uh-huh. Q. Have you seen those pictures recently? A. Not recently. Q. When was the last time you saw them?
Mr. Beaver to stop sending you porno emails? A. I explained to him that I shared an office with females and that it would not be a good idea to because I did not have any control over who opened them. Q. Okay. So this email that you're describing would have come in sometime prior to 2010, right? A. Before 2010, yes, sir. Q. Okay. And you or somebody had it printed off from the email sometime in the past year, correct? A. I said that I had seen it. Q. In the past year? A. In the past year. Q. Did you see it on the computer or in a printout? A. I believe it was a printout. Q. Okay. So sometime in the past year that email was still live in an accessible form on the computer? A. I'm not very computer savvy. It was -it was just produced and I saw it. Q. Do you currently have an email address that is specific to you?
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A. I do. Q. What is it? A. It is Bearl, B-e-a-r-l, @unclebubbas.com. That's my email address. Q. Okay. Bearl is spelled? A. B-e-a-r-l. Bubba Earl. Q. Now, the Uncle Bubba's -- or excuse me. The -- the various companies owned by your sister include Paula Deen Enterprises, Paula Deen Retail, Lady & Sons and Uncle Bubba's; is that correct? A. Correct. Q. All right. Now, with regard to these companies, Karl Schumacher has day-to-day control of personnel management across the span of all of them, correct? A. He has duties that he performs throughout the Paula Deen Enterprises and he does assist in higher up management hiring. Q. Okay. And he will make actual decisions about compensation and benefits? A. He has. Q. Okay. And that is for employees throughout what you've described as the Paula Deen Enterprises? A. Yes.
Q. Okay. A. I don't know what her title is or functions on a day-to-day basis. Q. Okay. Did she have direct supervisory relationships with -- with general managers? She was the -- identified as the immediate supervisor for the general managers at the restaurants or do you know. A. I don't know that. Q. Okay. She is the chief operating officer and director of operations; is that correct? A. I've heard director of operations before. Q. Okay. Who has identified her in that way? A. Who identified her in that way? Q. Yeah. A. I believe it was Mr. Schumacher. Q. Okay. Now, who keeps the books and records for the various companies within what you described as the Paula Deen enterprises? A. Karl Schumacher. Q. And does -- has the company, the specific company known as Paula Deen Enterprises,
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Q. And when you say Paula Deen Enterprises, you don't mean just the specific company known as Paula Deen Enterprises, you mean all of the companies that Ms. Deen owns that I've mentioned before? A. Correct. Q. Okay. So Mr. Schumacher has the authority to approve decisions regarding employee pay within this Paula Deen enterprises group of companies, correct? A. Higher level management. Q. Okay. So restaurant managers, general managers? And by restaurant, I mean like front house managers, general managers, store managers, things of that sort. A. Correct. Q. Okay. What is Theresa -- how do you pronounce her last name? A. Feuger. Q. Feuger. What is Theresa Feuger's job? A. It's my understanding that -- well, I know she works at our corporate office. Q. Uh-huh. A. Now, exactly what her duties are, I do not know.
provided financial support for the other companies within the group that you described as Paula Deen enterprises? A. I would not have knowledge of that. Q. Okay. Have there been marketing -joint marketing programs involving all of these companies that you described as the Paula Deen enterprises? A. Well, I do know that since the family owns two restaurants in Savannah, we've always tried to associate the two restaurants as Paula Deen and family restaurants. Q. Okay. Okay. And Paula Deen Enterprises at one point paid to remedy some health code violations or OSHA violations at Uncle Bubba's; is that correct? A. Now, I believe there was some funding. Q. Okay. And when Ms. Jackson was drafting a human resources manual, was it your understanding she was drafting one that would be used across all of the various -- both restaurants and the store, all the various entities? A. It was my understanding that it was for Uncle Bubba's Seafood & Oyster House. Q. Okay. Did you have any understanding as
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to whether it was also going to be for the other entities? A. I did not have knowledge of that. Q. Okay. These monthly meetings that were for the general managers and -- or excuse me. For all of the restaurants, was it just general managers and upper management that came to those? A. I have been to the corporate office -Q. Uh-huh. A. -- and for meetings there and it was just general managers, owners. And that's all. Q. Okay. And Mr. Schumacher? A. Mr. Schumacher was there. Q. The -- now, there's a general manager at Lady & Sons and then there is a res -- or excuse me, a store manager at Paula Deen Retail. Is that correct? A. I know that there is one lady that's in charge of the store. Is she a general manager at the store or just the store manager, I don't know her title. Q. Okay. Was -- okay. Has there ever been someone who served as the general manager for the Paula Deen Retail? A. I don't know.
Q. Okay. Was that when he called one of his black employees a monkey? A. I believe that's what was said. Q. Okay. Have you ever talked to him about it? A. Absolutely not. Q. Okay. Which company does -- which restaurant does he work at? A. He was the general manager at the Lady & Sons. Q. Is he still? A. No, sir. I understand he's not. Q. Where is he now? A. I understand that he's still employed with the Lady & Sons. Q. As -- in what capacity? A. I've been told as a manager. Q. Okay. So did he get demoted? A. I don't have no idea about the business at the Lady & Sons, just Uncle Bubba's. Q. Okay. Okay. Have you ever heard your sister describe these various companies as being one and the same business? A. No, sir. Q. Okay. Was that -- is that something --
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Q. Okay. Did the person in charge of the store come to this overall corporate wide meeting? A. She was there at the meeting I was at. Q. Okay. During the period of time Ms. Jackson worked for the defendants, did Ms. Jackson attend the overall corporate wide meetings? A. When Ms. Jackson was employed at Uncle Bubba's, I was aware that she went to some meetings that involved the other restaurant. I was not there. Q. Okay. Why didn't you go? A. I don't know. Q. Okay. You just didn't? A. I could have been busy. Q. Okay. Now, you -- do you recall an incident where Dustin Walls sent an apology for his conduct that was sent to all of the managers of all of the various Paula Deen companies? A. I've heard of it. Q. Okay. Have you ever seen it? A. Not to my knowledge. Q. Okay. What do you understand he was -that he was apologizing for? A. For something that he said at his workplace.
is that how you would describe them, that it's -they're all part of the family business? A. I would say that they're part of the family business since we are family. Q. Okay. Would you agree that these various corporations have tried to have a close inner relationship of their operations? A. Absolutely. We're family. Q. Okay. And the personnel matters have been centralized within the human resources director and Mr. Schumacher; is that correct? A. Yes. Q. And you have common ownership of all of these various companies between you and your sister? A. Me, myself? Q. No. There is common ownership. Your sister is an owner of all of these businesses? A. Oh, absolutely. Q. Okay. And there is common financial control over all of these businesses? A. Yes. Q. Okay. Essentially all of these businesses ultimately are under the control of Paula Deen, correct?
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A. Correct. Q. Now, did you ever tell Ms. Jackson that if there was one thing you learned from your sister, if it comes down to firing a guy or a girl, you let the girl go because they're a dime a dozen? You can always find a girl to work for you, it's hard to find good guys. A. No, sir. Q. You didn't ever say that to her? A. I did not say that. Q. Is it true? Is it harder to find good men to work at a restaurant than it is to find women? A. Not true. Q. Okay. How many men do you have working as servers? A. As servers? Q. Uh-huh. A. I've never counted, but we do have men. Q. Uh-huh. What about as cooks? Do you have any women working as cooks? A. We have -- it's mixed, men and woman. Black and white. Q. Now, there are two bathrooms at Uncle Bubba's, correct?
rest rooms while I've owned that restaurant. Q. All right. And you had a -- when Ms. Jackson was working there, you had a cleaning company that came in, right? A. I'm not aware of a cleaning company. Q. Did you have somebody who came in that cleaned the bathrooms? A. We had a plumber. Q. Okay. Did you have anybody who cleaned the bathrooms as -A. It was just the duties of employees. Q. Okay. Did they have the responsibility for cleaning the back of the house bathroom, too? A. Someone was asked to assist in cleaning rest rooms. Whether they worked in the back of the house or the front of the house, I'm not sure. Q. Okay. Now, did you ever have sewage bubbling up into the restaurant front of the house customer bathroom? A. I know they have overflowed before because they were stopped up -Q. Okay. A. -- from foreign objects in the lines. Q. Okay. Did you ever have sewage flowing up into the toilets?
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A. Correct. Q. The bathroom -- there is one bathroom that is for the customers, correct? A. Correct. Q. And how would you describe that bathroom? As the front of the house bathroom, the back of the house bathroom, the customer bathroom? What would you -- how would you describe it? A. All employees know that there's a front of the house and a back of the house rest room. And the employees were always asked during business hours if they would use the back of the house rest rooms. Q. Okay. Now, the back of the house rest room at one point in time when Ms. Jackson was employed there, the plumbing was run through the grease trap; is that correct? A. That's what I was told. Q. Okay. Y'all had to spend over $20,000 to separate them? A. I do not have a knowledge on the amount that it cost to fix the problem. Q. Okay. But in that bathroom, you would have sewage backing up into the bathroom? A. We have had plumbing problems with all
A. I know that they have overflowed. Q. Okay. In the back of the house, did you actually have raw sewage flowing up into the -A. I do not know if it was raw sewage -Q. Okay. A. -- but I know they have overflowed. Q. All right. And did you ever have a contractor -- an outside contractor coming in to clean the front of the house bathroom? A. Not that I recall to specifically clean the rest room. Q. Did you ever have a contractor coming in to clean any portion of the restaurant? A. On occasions. Q. Okay. And who was that contractor? A. Well, I do know that we have a hood cleaning contractor -Q. Okay. A. -- that we must keep our hoods cleaned. Q. Well, I'm asking about somebody who would also be tasked with cleaning rest rooms. A. Cleaning rest rooms? Q. Yeah. A. I don't know who that would be -Q. Okay.
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A. -- as an outside said contractor. Q. Okay. Was the -- was there a ventilation fan in the back of the house bathroom? A. I believe it's a health code that all rest rooms have ventilation fans. Q. Okay. Was the bathroom in the back of the house, did it have a fan? A. I believe so. Q. Did it work? A. I'm not sure if it worked. Q. Okay. The smell in the rest -- rest room in the back of the house was much worse than the smell in the rest room in front of the house? A. Not true. Q. Not true. Okay. Did you use the rest room in the back of the house? A. Most times I used the back rest rooms. Q. Okay. Did you -- was the back rest room worse in terms of cleanliness and utility than the front rest room? A. On occasions the rest rooms that were not designated for the guests would get a little disoriented with paper towels, toilet paper, aprons, such as that. Q. Did you ever direct anyone to clean the
kitchen office with the door closed and she had his paperwork ready because she and I were firing him together as an owner and general manager. We presented him with his paperwork and he refused to sign it. Q. Okay. And did you then sign your name under -- that he refused to accept it? A. Lisa and I both signed it. Q. Okay. That evening Mr. Comer went and made a complaint to the health department, didn't he? A. I was told that he was the one that caused the health department to come to my business. Q. Okay. And the health department came to your business and they looked around and they shut you down? A. Yes, they did. Q. Because you -- according to them, you were violating the health codes? A. Yes, they did. Q. Okay. And after the health department shut your business down, you decided to conduct further investigation to build a case against Mr. Comer?
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back of the house bathroom? A. Of course I asked my managers to -could you see that the front house rest rooms were attended to on a daily basis along with the employee rest rooms. Q. Did you ever indicate that the black employees should come through the back door? A. No, sir. I did not. Q. Did you require the front of the house employees to come through the back door? A. All employees, black or white, used both doors, front and back, whichever they asked -whichever one they decided to come through. Q. Okay. Now, do you recall an individual who worked in the kitchen named Mike Comer? A. I do. Q. And Mike Comer was white, correct? A. He is. Q. And is he still working for you? A. Absolutely not. Q. Now, who actually told him he was fired? A. I did. Q. And did you actually try to hand him his separation papers? A. We -- we, me and Lisa, were in the
A. Incorrect. Q. Okay. Did you conduct any further investigation after that into Mr. Comer's conduct? A. Incorrect. Q. Okay. Did you do anything to ask anybody what Mr. Comer had done after he had already been fired? A. I was just told that he is the person that called the health department after I relieved him of his duties that day that he called the health department and said -Q. Okay. Who told you that? A. Ms. Jackson. Q. Okay. And after you found that out, did you go and conduct any further investigation into whether Mr. Comer had sexually harassed an employee? A. No, sir. Q. Did -- had you already conducted any investigation into whether Mr. Comer had sexually harassed an employee? A. That is correct. Q. You had done so prior to Mr. Comer's termination, you personally? A. Personally.
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Q. Okay. Who had you spoken to? A. During my investigation -Q. Uh-huh. A. -- I went into my kitchen. Ms. Jackson -- this was a Friday. Q. Uh-huh. A. I believe it was in the month of July 2010. And she was off that Friday, and I saw that her partner was sitting at my bar. And I asked her, Ms. Silla -- Silla, I said, what are you -- y'all come in to eat lunch? Oh, no. Lisa's here to put out a fire. And I said, oh, really. So I said, where is Lisa? And she -- I'm not sure where she said. I went and found Lisa. And Lisa said that she was there because of the Mike -- Mike Comer -- Comer incident. I said, okay. Let's -let's take care of this before it goes on any further, because I was told that the black lady that he made sexual comments to was not happy that he was still working there and she was having to work with him every day. So then we went into the -- she got -- she had paperwork in hand. We went into my kitchen. She sat down in the kitchen office. I stood at the kitchen door, and I can
Q. Okay. And did he admit it? A. Yes. And what I remember, he got pretty irate -Q. Uh-huh. A. -- and was angry. Q. Uh-huh. A. And so I just sat there and listened to him. Q. You didn't get mad? A. No, sir. Q. You don't get mad, do you? A. I never said that. Q. Have you lost your temper at people at work? A. I have been loud at work -Q. Uh-huh. A. -- and angry at work. Sure. Q. Okay. So were you angry at Mr. Comer when he got mad? A. No, sir. Q. Okay. So you just sat there and listened to Mr. Comer calmly like you're doing now? A. Yes, sir. Q. And Mr. Comer admitted what he was
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see my line cooks, my fry cooks and my salad station. And there was a lady at the fry line. And I asked her, I said, did you witness what Mike Comer said to this lady? She said, yes, sir, I did. I said, thank you. And then I looked at the lady over at the salad station, and I said, did you witness what Mr. Comer said to this lady? She said, yes, sir, I did, and he did say it. And -and I was doing my independent investigation. Now, would you please repeat your question. Q. Was Mr. Comer there? A. He was out front working at a station. Q. Okay. Did you talk to these women before or after you terminated Mr. Comer? A. I was doing my in-house investigation before I spoke to Mr. -- however you pronounce his last name. Q. Comer. A. Comer. Okay. Q. Now, did you then bring Mr. Comer in to ask him whether he had done what he had been accused of doing? A. Yes, I did.
accused of, right? A. He knew what it was about. Did -- yes. He admitted it. Q. Okay. You told him what he was accused of, he said, yep, I did that, and he got mad about getting fired, right? A. He -- he got mad. Was -- was it about being fired, yes. Q. Okay. And then y'all gave him his walking papers, he wouldn't take it, you documented that on the unemployment notice and he left, right? A. He did. Q. Okay. And then later that night the health department came in and shut you down? A. They did. Q. Okay. As far as any need to further investigate the incident, did you feel that there was any? A. No, sir. Q. Okay. Did you ever conduct any further investigation of this incident? A. Not after that day. Q. Okay. Did you ever ask Will Frazier what he had seen?
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A. Yes. Mr. Frazier was working on the fry line that day. Q. Okay. Did you ask him before or after Mr. Comer was fired? A. It was before. Q. Okay. And what did Mr. Frazier say? A. I couldn't see him very good because the kitchen equipment, and we -- we call Mr. Frazier or he allows us to call him Big Will. Q. Uh-huh. A. He's a big man. Q. Uh-huh. A. And so I said, Big Will, come over here, please. And I was standing at the office door. And I asked him did he see the incident. And he said, oh, Uncle Bubba, I just don't know. And I put my hand on his shoulder, and I said, Big Will, be a man. Please tell me the truth. He said, yes, sir, I did see something like that. I said, thank you. Q. Okay. Did you ever shake him by his arm? A. No, sir. Q. Okay. If Karl Schumacher has written that you did, in fact, grab Mr. -- Big Will
incident? A. Yes, sir. Q. Okay. Did y'all ask him to sign a paper, sign a statement? MR. WITHERS: Objection to the extent that you're asking about what he and I have done. BY MR. BILLIPS: Q. Well, was Mr. Frazier present? A. I know that my lawyer talked to Mr. Frazier privately. I wasn't in there. Q. Okay. Okay. Have you been in present with your lawyer to talk to any of the employees and ask them to sign statements? A. No, sir. Q. Okay. Have you ever seen the statement signed by Mr. Frazier? A. No, sir. Q. Okay. Do you know if he signed one? A. No, sir. Q. Have you ever talked to him about whether he signed one? A. No, sir. Q. Does he still work there? A. Yes, sir. Excellent employee. Q. Uh-huh. Did Lisa Jackson ever indicate
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Frazier and shake him by his arm, do you have any knowledge of why he would do -- say such a thing? A. He was told that I did that. Q. Okay. And if he -- if Mr. Schumacher indicated that that's what he was told by Big Will, do you know where he would -MR. WITHERS: Objection. You can answer. BY MR. BILLIPS: Q. -- where he would get such a thing? MR. WITHERS: Objection. I think that mischaracterizes Mr. Schumacher's testimony and documents at the time. You can go ahead and answer. THE WITNESS: Repeat the question. BY MR. BILLIPS: Q. If Mr. Schumacher has written in a document that Big Will told him that you did shake him by his arm -A. I would have to see the document. Q. Okay. Have you spoken to Big Will about this matter since this lawsuit was filed? A. No, sir. Q. Okay. Have you in conjunction with your counsel ever spoken to Mr. Frazier about this
to you that she felt that she should be paid the same as Dustin? A. No, sir. Q. But the person responsible for making those determinations would have been Mr. Schumacher in any event, correct? A. Yes, sir. MR. BILLIPS: All right. Let's take a break. MR. WITHERS: Lunch? MR. BILLIPS: Yeah. VIDEO TECHNICIAN: The time is 12:13 p.m. We're off the record. (Recess from 12:13 p.m. to 1:12 p.m.) VIDEO TECHNICIAN: The time is 1:12 p.m. This is the beginning of DV tape four. We are back on the record. MR. WITHERS: Mr. Billips, as I mentioned just a minute ago, I looked at Mr. Schumacher's deposition during the lunch break, and based upon his testimony and your asking questions persistently to Mr. Hiers, I am going to withdraw my instruction to him earlier to not answer questions regarding the taking money from the till issue.
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We'll file an appropriate motion, but that will be later. So I'm withdrawing that instruction. MR. BILLIPS: Very good. BY MR. BILLIPS: Q. Mr. Hiers, when did you first take money from Uncle Bubba's out of deposits before they went to the bank? A. It was sometime in 2010. Q. Did it never occur to you to do that prior to 2010? A. No, sir. I never did. Q. Why not? A. I just didn't think about it. Q. Well, had you been responsible for making deposits the whole time? A. Yes, sir. Q. And did you have any extraordinary need for money in 2010 that had not been present during prior years? A. A little. Q. What was that? A. A -- a second divorce. Q. Okay. And the money that you were taking, was it -- at the time you took it, did you
A. No, sir. I did not think that. Q. Okay. Do you think there was anything you could do that would get you fired from Uncle Bubba's? A. Yes, sir. I do believe that there probably is. Q. Have you ever run into anything? Can you identify anything for me today that you think might get you fired from Uncle Bubba's? A. Yeah. I mean, if -- if I was being inappropriate with an employee, having sex with an employee, if I were, that would probably not go over good with her. Q. Uh-huh. Have you ever? A. No, sir. Q. Have you ever made sexual advances to an employee? A. No, sir. Q. Have you ever sat in a hot tub with an employee? A. No, sir. Q. Do you have a hot tub at your house? A. When I purchased my home, it had a hot tub outside that did not work. Q. Okay. Did you get it fixed?
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intend that it be reported anywhere? A. The money that I took in 2010, I knew that Mr. Schumacher would eventually see it. And I knew I would eventually have to own up to it to my sister, which eventually happened in 2010. Q. Okay. Why didn't you just go to your sister ahead of time and say, hey, I need some more money? A. After my sister finding out about it and Mr. Schumacher reporting it to my sister, I did get a raise. Q. Okay. Well, why didn't you go to your sister ahead of time and just tell her, I need some more money? A. I have no answer for that question. Q. Okay. You did not intend that your sister would find out about it? A. I knew that I was eventually going to have to own up to it. Q. You knew you would get caught? A. I knew I would get caught. Q. But you knew that she wouldn't do anything serious to you? A. I did not know what she would do to me. Q. Okay. Did you think she might fire you?
A. I did not get it fixed. I had it removed from the property. Q. Okay. Have you ever -- have you ever had a hot tub that worked? A. Never had a hot tub anywhere. Q. Okay. Have you ever been in one anywhere? A. Sure. Q. Okay. Have you been in one anywhere with any of your employees? A. No, sir. Q. Okay. Now, how much money did you steal? A. I have -- I never counted. I have no idea. Q. For how many months were you stealing? A. All I know it was in the year of 2010. Q. And are -- and you're aware that Lisa Jackson is the one who reported that to Mr. Schumacher? A. I did not know that, no, sir. Q. Okay. Were you concerned about the possibility that somebody might -- else might get blamed for you stealing money? A. No, sir. I was the one that -- that was
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my job. No one else filled out deposits but me. Q. Who put the money in the bag? A. Me. Q. Okay. Who col -- you collected the money from the cash register or from wherever it was that it was kept? A. No, sir. My managers at the end of the shift at night through a checkout system that have envelopes for servers, and they would put it with the report into the safe that evening. I would come in the following morning, pull it out, count the money, do the deposits, fill out the deposit slip, put it in the bag and carry it to the bank. Q. Okay. Now, the report that they filled out, what kind of report was that? A. That was -- it was a computer printout at the end of the evening shift. It was called a system sales report. Q. Okay. A. They didn't -- they didn't fill it out. They printed it out. Q. Okay. And was the system sales report specific to each point of sale or -- or specific to any register or person or manager? A. It has lots of information on it.
A. All front house managers. Q. Okay. So any of the front house managers could have gotten in the safe and taken that money? A. Yes, sir. Q. Okay. And do you know whether any of the front house managers were skimming off the top during that time? A. Not from the server envelopes. I do know that we had a petty cash system, and I believe the total amount was $1,500, ones, fives, tens, twenties, fifties, hundred dollar bills that would be in that petty cash. And it was an exchange drawer. And what that means is if someone needed to go to buy lightbulbs in an emergency or et cetera, et cetera, they could get some money out of the petty cash, put a -- put a ticket in there. The manager, their duty was to fill it out, put a date and how much and who they gave the money to or whatever. And when they came back, they would put the -- put the actual physical store receipt in the petty cash and put -- if there was any change, put the change back in the petty cash. Q. Okay. But with regard to the server
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Q. Uh-huh. A. And when the report is run, it has the person's name at the top of it that printed out the report that was working that night shift. Q. Okay. And then that person would collect the cash and do what with it? A. They would make sure that the servers' envelopes came into the office for each server that was working that shift and count the envelopes and make sure that the servers were turning in the proper amount of cash. Q. Okay. A. And then it would go to the safe. Q. Okay. And the -- the manager working that evening is the one who would put it in the safe? A. Well, actually, there are -- there is a lunch shift and a dinner shift, so you have lunch envelopes and you have dinner envelopes. The lunch envelopes are put in the safe before the dinner shift begins. Q. Okay. And is -- do you go to the bank more than once? A. No. I just -- once a day. Q. Who has access to the safe?
envelopes or the server cash, if a manager accurately recorded what was in the server's pouch and accurately -- you know, so that it matched the sales printout, did all of the paperwork accurately up until the money goes in the safe, could the -- could a manager have then taken a couple hundred dollars before you stole your money and it wouldn't show up because you weren't counting how much you stole? A. I was the last one to count the money, so if it were a couple of hundred dollars off, I would know it. Q. Okay. And if you had found it being a couple hundred dollars off, what would you have done? A. I would have reported it to Ms. Lisa Jackson. Q. Okay. And would you have expected that that person who stole that money get fired? A. Yes. If we -- we would do an investigation and, you know -Q. Okay. But when you counted the money, you counted to make sure it was matching that sales report and then you would steal some? A. Correct.
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Q. So how much did you steal generally? A. I remember, you know, $300 in a cash -in cash form. Q. Daily? A. It wasn't daily. No, sir. Q. Okay. Was it around $4,000 a month? A. I don't have any idea about that. Q. Okay. Did it affect the profitability of the restaurant? A. I was not aware of that. Q. Well, wouldn't you think it would affect the profitability of the restaurant if you're stealing money out of the till? It would at least affect how profitable the restaurant was, even if it didn't affect whether it was profitable. A. One would think so. Q. Okay. And did any of your managers receive bonuses based on profitability of the restaurant? A. I know they received bonuses. I'm not quite sure if it was on profitability of the restaurant. Q. Were some of the managers' bonuses based on -- at least based in part on profitability? A. That would be a question for Mr.
Q. Now, the money that you were stealing from the restaurant, was it your -- did you have any idea how long it would take Karl to catch you? A. No. Q. Okay. Did you think you might get away with it for a year or two? A. No. Q. Okay. Did you ever do this on maybe like not every day, but every now and then prior to 2010 just take a couple hundred dollars? A. Only 2010. Q. Okay. How do we know that other than taking your word for it? A. You would have to ask Mr. Schumacher about that. Q. Okay. Mr. Schumacher only told you he only caught you in 2010. A. This happened in 2010. Q. You're sure you didn't get any in December of 2009? A. I'm positive. Q. Okay. Do you remember the first time you decided to steal from your sister? A. No, sir. Q. Okay. Do you remember the circumstances
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Schumacher. Q. Okay. If managers were receiving bonuses based in part on profitability, and by stealing money from the company, you were stealing it from them, too? MR. WITHERS: Objection. Improper hypothetical. BY MR. BILLIPS: Q. Would you agree? A. No, sir. I was stealing it from myself. Q. Well, you were stealing it from your sister, too, right? A. Yes. Q. Okay. What do you -- and if a man would steal from his own sister, what would stop him from stealing from anybody else? MR. WITHERS: Objection. Improper question. Object to the form. You can answer. BY MR. BILLIPS: Q. Okay. You can answer. A. I can't answer that question. Q. Okay. Would it have upset -- would it have upset you to steal from the managers more than it upset you to steal from your own sister? A. I never thought about it.
or the date? A. No, sir. Q. Do you remember what had gone on that day? A. No, sir. Q. Were you drunk? A. No, sir. Q. You were -- okay. So you made this decision dead sober? A. Yes, sir. Q. Not on any kind of mind-altering substance, just thought I'm going to steal some money from the safe before it goes to the bank? A. Yes, sir. Q. Okay. But you don't remember when or where or the circumstances around that decision? MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS: Q. Is that right? A. I don't remember. Q. Okay. So how do you know it wasn't December of 2009 as opposed to January of 2010? A. Because I remember that it was 2010. Q. How?
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A. Because I'm recalling on my knowledge. Q. Okay. Well, what tells you -- give me a specific for instance that tells you it was 2010. A. I can't. Q. Okay. And whether you knew they were going to catch you eventually or not, would you agree that this was an act of deceit on your part? MR. WITHERS: Objection. Conclusion. You can answer. THE WITNESS: Was it an act of deceit? BY MR. BILLIPS: Q. Or deception? A. Deception. I did not tell anyone I was doing it. Q. And it was technically, at least, theft -MR. WITHERS: Objection. BY MR. BILLIPS: Q. -- from your sister? MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS: Q. Right? A. I took money from my company and I never told anyone about it until Mr. Schumacher
don't do this, did you know that it was wrong what you were doing? A. Yes. Q. Did she -- did they ask you, Bubba, did you steal this money? A. Yes. Q. Okay. Did you -- strike. And when they asked you if you had stolen the money, you knew there were reports that would prove that you had, right? A. I thought there were. Q. And so you just admitted it right up, right? A. Absolutely. Q. Okay. And has your sister ever asked you if you have referred to black employees as niggers? A. No, sir. Q. Okay. Has your sister ever used that word to your knowledge? A. Not to my knowledge. Q. Your whole life that you're aware of your sister has never used that word? A. I've never heard her use that word. Q. Where did you learn to use it?
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confronted me about it. Q. Okay. When Mr. Schumacher confronted you about it, he had all the facts and figures, probably had a spreadsheet, to show you how much you had stolen, didn't he? A. I remember my sister calling me and say, Bubba, I need for you to come to the house. I need to talk to you. I said, okay. This was in 2010. I don't remember what month it was. I arrived at my sister's house. Mr. Schumacher was there. My sister Paula Deen was there. I sat down and he may have had paperwork in front of him at that time. He was never -- he never shared any total amounts with me. I never told him any total amounts, because I didn't know. My sister said, Bubba, don't do this. And I said, okay, I won't. And that year he reported it on my income tax return according to his calculations. And he never even presented me with a total. And I -- my attorney during this lawsuit -- lawsuit -MR. WITHERS: Well, don't -- don't talk about what your attorney might have told you. THE WITNESS: Oh, okay. BY MR. BILLIPS: Q. Okay. Before your sister said, Bubba,
A. Where did I learn to use it? Q. Yeah. Is that something you've grown up saying your whole life? A. No. Q. Did you just decide to start using it when you were -MR. WITHERS: Objection. I mean, you know, this is -- object to the form. Argumentative. You can -- you can answer. BY MR. BILLIPS: Q. Go ahead. You can answer. A. I very rarely use the word. Q. Okay. A. Where I heard it from was probably in books at school or, I mean, I don't -- I don't know where I heard it. It's just -Q. What's your date of birth? A. I don't live in a bubble. Q. Yeah. What's your date of birth? A. February the 28th, 1954. Q. Okay. A. Martin Luther King actually had family and started a march in my hometown of Albany, Georgia, so -Q. Uh-huh.
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A. -- I've heard about racial slurs. Q. Well, you've heard them used and have used them yourself, correct? A. I've admitted to have using them. Q. Okay. But you're saying your sister, she has never done so? MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS: Q. Is that correct? A. I have never heard my sister use that word. Q. Okay. Do you belong to any civic or other organizations? A. I used to be, I'm not an active Mason. Q. What degree were you? A. 33rd degree. Q. Which rite? A. I can't remember, because I haven't been active in so many years. I can't remember if it was York or Scottish. Q. Okay. When were you last active? A. In the '80s. Q. Which Masonic temple? A. Albany, Georgia. I forget the number.
answer that question because my company may subscribe to it, but I've not personally subscribed to it. Q. Okay. All right. Now, when you were looking at porn at work in the office that you shared with the managers at the restaurant, was this generally in the morning or could it have been at any time during the day? A. Morning. Q. Okay. Was that part of your normal routine when you would get to work? A. It was. Q. Check the computer, check the email, look at porn? A. Yeah. It was not normal or on a -- it's not what I normally did every day. Q. Okay. But it was a frequent occurrence? A. I don't know how many times it was. MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS: Q. Can you tell me how many times in a week? A. I cannot tell you that. MR. WITHERS: Objection. Asked and
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Q. Any other organizations? A. No, sir. Q. Have you ever belonged to any other organizations? A. No, sir. Q. Okay. Do you belong to a church? A. Yes, sir. I'm still a member of First United Methodist Church, Albany, Georgia. Q. Okay. Do you attend a church here in Savannah? A. No, sir. Q. Have you ever? A. I have been in a church in Savannah, Georgia. Q. Which one? A. The Catholic church downtown. I don't know the name of it. Q. Why were you there? A. Because it was a Christmas Eve Service. My brother-in-law is Catholic, and we attended with him and his family. Q. Okay. Okay. Do you belong to any professional organizations, restaurant owners or restaurant operators or anything like that? A. I don't -- I don't know that I can
answered. BY MR. BILLIPS: Q. Could it have been more than five times in a week? A. I can't -- I can't tell you how many times. Q. When you would look at porn in the office, did you lock the door? A. I was us -- usually then there was no one there. Q. Okay. What time would you get to work in the morning? A. Whatever time that I felt like leaving the house to go into the office. Sometimes I've gotten there as early as 6:00 o'clock -Q. Uh-huh. A. -- a.m. Q. Sometimes you'd get there after the restaurant's open? A. Sure. Q. Okay. When you were there and other people were there and you were looking at porn, would you lock the door? A. I did not look at porn while other people were at work because it was something that
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I did before work in the privacy of myself. Q. Okay. Did you have a computer at home? A. I have had a computer at home. Q. During that time period did you have a computer at home? A. Yes. Q. Did you have internet access? A. Of course. Q. Why didn't you look at your porn at home? A. I did. Q. Okay. So in addition to work you would also watch it at home, but why didn't you limit your porn viewing to your home computer instead of also bringing it to work? A. Like I said, I only looked at porn in the mornings before anyone arrived for work. Q. How did you get caught? A. I didn't get caught. My attorney asked me had I ever done it, and I said, yes, I have. Q. Okay. But how did everybody come to find out about it before you admitted it to your lawyer? A. I'm not aware that anyone caught me. Q. Well, weren't you here in a meeting with
to me or asked me except my attorney have I ever watched porn at work. Q. Okay. Did he ask you to stop watching porn at work? MR. WITHERS: Objection. Asked and answered. You can go ahead. THE WITNESS: I don't remember what he -- all I remember is he asked me had I ever done it, and I said yes. BY MR. BILLIPS: Q. Okay. And I think you said earlier that this was in connection with the EEOC mediations? A. I thought it was not -- I thought it was after the EEOC's allegation -- whatever it's called and that I was called into this meeting and asked to do certain things in my company. Q. Okay. Was the reason that the meeting was being held to your knowledge because of the EEOC charges that had been filed by the employees? MR. WITHERS: Objection. I thought we plowed this ground two hours ago and he explained the two meetings that he recalled. But you can go ahead and answer. THE WITNESS: I was called to this meeting in this office, and in the presence of Jim
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Mr. Gerard, Mr. Schumacher and Ms. Jackson in part to talk to you about the fact that you were looking at porn at work? A. The only person that asked me in that meeting if I had ever watched porn at work was my attorney. Q. Okay. If the only thing you were doing was looking at it before work, how is it -- can you think of any reason he would have had asked you that question if he didn't already know that you had been doing it? MR. WITHERS: Objection. Calls for speculation on what somebody else may think or know. BY MR. BILLIPS: Q. All right. Go ahead. MR. WITHERS: You can answer the question. THE WITNESS: I don't know why he asked the question. BY MR. BILLIPS: Q. Were you ever made aware that employees had been complaining or had complained about you looking at porn at work? Go ahead. A. I'm sorry. No one has ever complained
Gerard, my corporate attorney, Lisa Jackson, Karl Schumacher and myself, and Mr. Gerard said, Bubba, have you ever viewed porn at work? I said, yes, sir, I have. And then the other things that they were asked of me is if that I would not be involved in my business. BY MR. BILLIPS: Q. Uh-huh. A. If all I would do is come in and be a celebrity to take photos and sign autographs. And I said, I'll do whatever y'all want me to do. Q. Okay. Is that what you -- is that what you have done since? A. No, sir. Q. Okay. Did you ever actually limit your involvement to coming in and signing photos and being a celebrity? A. I've tried, but it's -- it's kind of hard to own a business and -- and not be -Q. Uh-huh. A. -- participating in it. Q. Okay. Did -- was there another meeting at which the same subject was discussed? A. Not to my knowledge.
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Q. Okay. Because I heard your counsel say something about the two meetings. Were there any other meetings that you had with Jim Gerard regarding the operation of your business? A. No. MR. WITHERS: Objection. I think that he testified earlier about a meeting at or near the time of the EEOC matters. BY MR. BILLIPS: Q. Okay. Was this the meeting at or near the time of the EEOC matters? A. This is the meeting and it was at this table that we're sitting at is the only one that I had. Q. Okay. So this was the meeting around the time of the EEOC matters where they asked you about the porn? A. Yes. Q. Okay. Good enough. Did you ever ask Ms. Jackson to bring pictures of herself to the office? A. Jokingly, yes. Q. Did you ask her to bring pictures of herself when she was young, jokingly? A. Jokingly, yes. We were sitting in my
cannot serve food, work around food with -without sleeves, underarm cover. Q. Under -- you mean under, but they could be short sleeves? A. They could be short sleeves, yes. Q. Okay. Did you institute a requirement that female managers wear long sleeves? A. No, sir. Q. Okay. Did you ever indicate to Ms. Jackson that you thought the -- some of the employees that their arms were fat? A. No, sir. I never have. Q. Okay. Did you tell Ms. Jackson about your trips to strip clubs? A. I did not tell her about trips to strip clubs, but I have been to strip clubs. And on one occasion I did tell her that there was a lady there that worked there that recognized me -Q. Uh-huh. Uh-huh. A. -- that used to work for me she said. She told me that. Q. How often did you go to strip clubs? A. Rarely. Q. Who did you go with? A. I've been there with bachelor parties.
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office and I have my office is -- my restaurant is full of old family photos of myself as a -- from an infant all the way up to the present. And we were sitting in there looking at some old photos and laughing about them -Q. Uh-huh. A. -- because of the old hairdos and everything. And I just casually said, you know, I'd like to see some old photos of you, too. Q. Did you tell her she had nice legs? A. I have told her that one time. Q. Did you tell her that two other employees were fat girls? A. I have not ever said that. Q. Did you say that they were -- they weighed too much to be wearing capri pants or skirts? A. No, sir. Q. Did you ever tell Ms. Jackson, I can't have them walking around like that? A. No, sir. Q. Did you institute a requirement that female managers wear long sleeves? A. No, sir. I believe it's a health code that if you work in the restaurant industry you
Q. Uh-huh. A. Two bachelor parties. I've been there with friends. Q. Uh-huh. What about employees? A. Yes. An employee. Q. Who? A. His name is Adolphus Allen. Q. Okay. How often did you and Adolphus go to strip clubs? A. How often? Q. Uh-huh. A. I never counted. Q. How many times? A. I never counted. Q. Okay. More than five? A. That might be a good number, five. Q. Okay. Did y'all ever come back to work and talk about it? A. No, sir. Q. Okay. A. Only that one occasion when I did tell Ms. Jackson that I was over there and that a young lady came up to me and said that she used to work for me. Q. Uh-huh. Did you ever comment to a --
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strike. Was there a female employee who worked for you that got dentures? A. I don't -- I'm not aware of dentures. Q. Okay. Did you ever make a comment to Ms. -- or to that employee that after she got dentures that you bet her husband was going to like that? A. I don't remember saying that. Q. Was that Sandra Sikes? Did she have dentures? A. I don't know that Ms. Sikes has dentures or not. Q. Okay. Did you ever make such a comment to her? A. Not that I remember. Q. Is it possible you made the comment and you just don't remember it today? A. I just don't remember. Q. So maybe you did, maybe you didn't? A. I just don't remember. Q. Have you ever heard jokes about women giving oral sex after taking their dentures out? A. I probably have. Q. Okay. Did you tell Ms. Jackson or
A. I don't know if -- that was Ms. Lisa Jackson's -- she handled that, not me. Q. Okay. Well, did you ever see any paperwork indicating they had been fired? A. I never looked. Q. Okay. A. Excuse me. Q. Now, there was an employee -- one of the employees made an allegation of retaliation. Was that Lane Thomas? A. I'm not sure that I understand your question. Q. Okay. One of the employees alleged that she was fired for speaking out on behalf of the other employees who had filed discrimination charges. A. I have heard that. Q. Okay. Do you know the name of that employee? A. I've heard that it was Ms. Thomas. Q. Okay. And do you know anything about the circumstances under which she was fired? A. No, sir. Q. Were you present the day that Ms. Thomas was fired?
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anybody else that you -- even if jokingly that you'd like to replace the female staff at Uncle Bubba's with Hooters girls? A. I believe I answered that earlier as no. Q. Okay. Did you have an employee working there who was or had been a Hooters girl? A. If she was, I was not aware of it. Q. Okay. When you met with Mr. Gerard and Ms. Jackson and Mr. Schumacher during this meeting you described, did they also ask you about racial comments? A. No, sir. Q. Okay. Did they ask you about any allegations of race discrimination? A. No, sir. Q. Did they ask you whether you had been alleged to have engaged in discrimination on the basis of age? A. Like I said, all I remember the meeting was about was like I've told you in this deposition. Q. Uh-huh. A. That's all I recall that it was about. Q. Now, the women who filed the EEOC charges, had any of them actually been fired?
A. I don't remember if I was. Q. Okay. Did you ever talk to Ms. Jackson about the circumstances under which Ms. Thomas was fired? A. I'm sure we probably did. Q. Okay. Did you actually walk into a meeting at or around the time Ms. Jackson was -Ms. Jackson was telling Ms. Thomas to get out? A. I don't know if -- I don't recall walking in and -Q. Right after Ms. Thomas had been told to get out? A. I don't recall that. Q. Okay. Do you recall Ms. Thomas ever calling Ms. Jackson a stupid dyke? A. No, sir. I never heard that. MR. BILLIPS: Okay. Let's take just a couple-minute break. VIDEO TECHNICIAN: The time is 1:53 p.m. We're off the record. (Recess from 1:53 p.m. to 2:04 p.m.) VIDEO TECHNICIAN: The time is 2:04 p.m. This is the beginning of DV tape five. We're back on the record. BY MR. BILLIPS:
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Q. Mr. Hiers, I won't beat a dead horse, but you said you had a computer of your own at home, and yet you would leave your home and come to work and one of the very first things you would do is go in, turn the computer on and look at porn. Did I get you right? A. I told you that I have had a home computer in the past. I've looked at porn on my home computer, and I've looked at porn at my -- on my office computer. Q. Okay. And I just want to know why couldn't you wait long enough to get back home to look at porn? A. I don't have an answer for that. Q. Okay. You just couldn't wait? A. I was not anxious. Q. Well, according to you it was the first thing you do in the morning before anybody else got there, right? MR. WITHERS: Object. I think that completely mischaracterizes his testimony. He said he didn't know how often he did it and you've turned it into every day now. I object to the mischaracterization. BY MR. BILLIPS:
had so much fun since you learned to masturbate? A. I don't remember that. Q. Do you deny it? A. I don't remember that. Q. It might have happened, maybe it didn't, you just don't remember? A. I don't remember that. Q. Okay. Would you agree that would be likely to be offensive to the employees at work? A. I think it would be likely to some people. Q. Okay. Did you -- I'm going to just ask you this. Did you ever see the photograph of Ms. Jackson's father? A. Never have. Q. Okay. Did she ever show you any pictures of her family? A. No, sir. Q. Did she have a picture of him at work? A. I'm sorry? Q. Did she have a picture of him at work? A. Not that I recall. Q. Okay. Did you ever tell her that he looks like a nigger? A. I never did.
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Q. Actually, my question was according to you it was the first thing you would do before any other employees got there, right? A. Correct. Because that was privacy. Q. Yeah. But you just left your house where you had complete privacy. MR. WITHERS: Objection. BY MR. BILLIPS: Q. So why did you -- why didn't you get your fix in there before you came to work? MR. WITHERS: Objection. Asked and answered. Argumentative. You can answer. BY MR. BILLIPS: Q. You can answer. A. I've watched porn at my home computer, no particular time. I've watched porn at my office at a particular time, which is in the mornings before other employees came to work so I'd have privacy, just like I did at my home computer. Q. Did you ever make jokes about masturbation? A. I don't remember that. Q. Did you ever tell any employees that you had -- after you got a new phone that you hadn't
Q. Okay. When were you last married? A. 2008 and -- or 2007 and divorced in 2009. Q. Okay. Was your wedding catered by your sister? A. It was -Q. Was she in charge of it? A. She assisted -Q. Okay. A. -- in making decisions because it was held at her house. Q. Okay. Did she ever say anything to you to the effect that what she would really like is a bunch of little niggers to wear long-sleeved white shirts, black shorts and black bow ties, you know, in the Shirley Temple days they used to tap dance around. A. Never heard it. Q. Okay. Do you know whether she said that or something of that sort to Ms. Jackson? A. I do not know. Q. Did you or was there a time during which Ms. Jackson hired a couple of African-American hostesses to work in the front of the house? A. I have had black and white hostesses --
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Q. Okay. A. -- work for me. Q. Did Ms. Jackson hire a couple of black hostesses? A. I'm not sure who hired them. Q. Okay. Did one of them get fired after a customer accused her of stealing from her purse? A. I believe that's correct. Q. Was there any evidence that you were aware of this hostess had, in fact, stolen anything from this customer's purse? A. I don't think they ever found proof. Q. Okay. Was there any -- well, y'all have video cameras around that restaurant, don't you? A. Yes, sir. Q. Do you have them in the front as well as the back? A. Yes, sir. Q. Do you have them in the office in the back? A. Yes, sir. Q. Do you have them in the office off the dining room? A. They're all throughout the restaurant at different locations.
Q. Okay. Is the -A. Rest rooms, of course. Q. Okay. Right. One would hope. What about the kitchen? A. There are cameras in the kitchen. Q. Okay. And are you aware of the allegations involving Big Will that you grabbed him and shook him? A. Yes, I am. Q. And the location at which that is alleged to have occurred, would that location be within sight of camera? A. I would have to look at the cameras to see if it was in that location. Q. Did anyone do so to your knowledge? A. Not to my knowledge. Q. Okay. How long do those cameras -- how long is the information on those cameras maintained? A. I'm not sure. Q. Uh-huh. A. I don't know how long it's held. Q. Uh-huh. Within just a few days or within a couple of weeks of that incident, Ms. Jackson had given her notice and notified you of
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Q. Okay. Where would this customer's purse have been? Is there a closet like a coat room? A. I don't think it was a customer. I think it was a co-worker. Q. Okay. And did the cameras have a view of the location in which this co-worker's purse -A. I don't remember the exact view. Q. Do you remember if anybody ever tried to look at the cameras to see if this black hostess had, in fact, taken any money out of this co-worker's purse? A. I feel sure someone did. Q. Okay. Did you? A. I don't remember if they asked me to come look at it or not. Q. Okay. But by looking at the various tape recordings, you could have determined if this hostess -- where this hostess was throughout the time she was at work that day, correct? A. It -- it depends on the angles of the cameras, if she was within view. Q. Okay. What locations in the restaurant are not within the view of the camera? A. I couldn't -- I could not describe that to you.
her intent to file a lawsuit, or at least to pursue legal action against the company? A. I think that happened in August of 2010. Q. Okay. And did the company do anything to preserve the videos that were in existence at the time? A. I don't know. Q. Were you given any instructions to preserve -- do you know what a litigation hold is? A. Yes, sir. Q. Okay. Were you given a litigation hold in August of 2010? A. I don't remember when it was, but we received not to destroy information. Q. Okay. And did you do anything to attempt to preserve information such as what might be on video cameras in the restaurant? A. I don't know if -- I didn't participate in it. Q. Okay. Did -- was there a video camera that showed your computer in the office? A. No, sir. Q. Okay. There was a video camera in that office? A. Front office.
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Q. In the front office. It's the back office where your computer was? A. You go in one door and you're standing in one small office that we call the front office. Then you go through one door and then that was the other office, back office. Q. Okay. And the back office is -- the back office is where the computer was? A. There's computers in both offices. Q. Okay. The computer you watched porn on was in the back office? A. I watched the porn on that computer. Q. So you've watched porn on both computers? A. Kitchen computer and office computer, back office. Q. Okay. Wait. I'm confused. There's a computer -- is the back office computer the kitchen computer? A. No, sir. Q. There's another computer in the kitchen? A. There are three computers. Q. Okay. A. Kitchen office, main office, two computers.
Q. Okay. All right. Now, did you ever interrupt a meeting between Ms. Jackson and a vendor, enter the office and say, I wish I could put all those niggers on a boat to Africa? A. I don't remember saying that. Q. Do you deny saying it? A. I don't remember saying that. Q. You could have said it, you might not have said it, you just don't remember? A. I don't remember saying that. Q. Okay. My question is do you have a recollection one way or the other or do you simply cannot remember whether you did? A. I do not know or do not remember saying that. Q. Okay. It is possible that you did but simply do not remember it? A. I do not -MR. WITHERS: Objection. Asked and answered. Speculation. BY MR. BILLIPS: Q. Correct? A. I do not remember saying that. Q. Okay. Do you deny saying it? MR. WITHERS: Objection. Asked and
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Q. Okay. A. This office. This office. Q. Okay. And -- but there is a camera only -- the camera only has a view of the front office? A. What we call the front office. Q. Which is the one that leads into the dining room? A. The one that goes into the dining room that has the safe in it. Q. Okay. Where was your interview with Mr. Frazier? A. Kitchen. Q. In the kitchen? A. I was standing in front of the kitchen office in the kitchen. Q. Okay. And where was Mr. Frazier? A. Standing in front of me at the kitchen office door. Q. Okay. And is -- are there cameras that have a view of that door? A. Like I said, I would just -- I would have to look. We have two monitors in my office that have cameras on it, and I don't remember exactly where they're pointed.
answered. THE WITNESS: I do not remember saying that. BY MR. BILLIPS: Q. Okay. As a result of your lack of memory, you are not in a position to admit or deny it, correct? A. I do not remember saying that. I do admit using the "N" word in a joke and I have used it at work. Frequency I said it was rare. And I regret ever using it, yes. Q. Okay. Well, can you answer my question. MR. WITHERS: He's answered your question. BY MR. BILLIPS: Q. Are you able to admit or deny -- are you able, given your memory, to deny saying the statement that I just read, I wish I could put all those niggers on a boat to Africa? MR. WITHERS: He has -- he has answered that question, and he's answered it about five or six times now. MR. BILLIPS: He keeps saying I do not remember that. Well, I'm asking him is his memory -- I'm following up. Is his memory sufficient to
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allow him to admit or deny saying it or can he just -- he has no response whether it happened or not. MR. WITHERS: He has told you five or six times that he doesn't remember saying that. MR. BILLIPS: Sure. MR. WITHERS: That's the answer. BY MR. BILLIPS: Q. I don't remember flying to the moon last week, but I know I didn't. Do you know whether you said that or not? A. I do not remember saying that. I have used the "N" word in the office reading it off the telephone. How often I've ever used the word is rarely. I don't remember. Q. Do you know whether you said I wish I could put all those niggers in the kitchen on a boat to Africa? MR. WITHERS: Objection. Asked and answered. You can answer. THE WITNESS: I do not remember saying that. BY MR. BILLIPS: Q. Okay. Is there anything that would help refresh your memory so that you could say whether
Q. Okay. You remember that? A. No, sir. I've never said that. Q. That's what I'm saying. You remember not saying it? A. I remember not saying that. Q. Okay. Did you ever say to him you just look dirty, I bet you wish you could? A. I don't remember saying that to him. Q. Okay. Do you -- do you deny saying that as well? A. I do. Q. Okay. Did you ever say to Ms. Jackson in the presence of a restaurant manager and a vendor that they should just send President Obama to the oil spill in the Gulf so he could nigger rig it? A. That's the joke that I told using the "N" word that I read off my telephone. Q. Okay. Nobody laughed? A. All three of us did. Q. All three of you laughed? A. Uh-huh. Q. You, the restaurant manager and the vendor? A. Me, Lisa Jackson and Julian D. Fontaine.
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you've said it or not? A. I don't know if there's anything that could refresh my memory. I do not remember saying it. Q. Okay. Did you have a security guard, a driver? A. I do have an employee that is a security guard. Q. Okay. Is he also your driver? A. He has driven me when he was off duty from my restaurant. Q. What's his name? A. His name is Adolphus Allen. Q. Same guy that you went to those strip clubs with? A. Yes, sir. Q. Okay. And is Mr. Allen African-American? A. Yes, he is. Q. Did you ever say to him, don't you wish you could rub all the black off you and be like me? A. Are you finished? Q. Yeah. A. No, sir. I never said that.
Q. Julian D. Fontaine. Do you think that's a funny joke? A. At the time it was. Q. Okay. Sitting here in this deposition in this lawsuit, it's not so funny, but at the time you thought it was, right? A. I do believe that if that was said in front of an African-American person, it could be hurtful. Q. Okay. Well, don't you think there's some white people who think that racism is despicable and offensive as well? A. I don't know what other people think. Q. Well, do you know of any white people who think that racism toward black people is offensive and despicable? A. I would think I do. Q. Who? A. I just think I know people that -Q. Can you -MR. WITHERS: Are you serious? We're going to sit here and -MR. BILLIPS: Yeah. Do you know -MR. WITHERS: No. Let me -- let me make an objection.
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MR. BILLIPS: Okay. MR. WITHERS: Are you serious? You're going to sit here and ask questions and waste time and have him name in this federal lawsuit everyone that fits that description? That's how you're going to use this time? MR. BILLIPS: Are you done? MR. WITHERS: Yeah. BY MR. BILLIPS: Q. Can you name anyone, any white person that you know? A. I'm sure it's numerous. Q. Okay. You weren't offended by it or you wouldn't have told it. A. Like I said -MR. WITHERS: Objection. Argumentative. BY MR. BILLIPS: Q. Is that correct? MR. WITHERS: Objection to form. Argumentative. MR. BILLIPS: Noted. You can answer. THE WITNESS: Like I said -MR. WITHERS: You don't need to note anything. It's noted for the record. I'm making my objections for the record. You can go ahead
that he could trap? A. No, sir. Q. Have you talked to the vendor? MR. WITHERS: Talked to him since August of 2010? Talked to him when? Objection. Time frame. BY MR. BILLIPS: Q. Okay. Have you talked to the vendor at any point about whether you made that statement? A. No, sir. I have not. Q. Okay. Have you talked to him about anything relating to this lawsuit? A. I have not. Q. Okay. What's his name? A. I believe his name is Michael Roberts I believe is his last name. My managers on occasion -- they know how to contact him. I do not. When we have a problem at the restaurant, they contact him and he comes out and does some trapping. Q. Does he have a company? A. I don't know. Q. Okay. Did you tell a joke using the word nigger in front of the coordinator of a fund-raising event at Bethesda Boys Home?
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and answer. MR. BILLIPS: It's noted. You can answer. THE WITNESS: Like I said, this was sent to me through a text message on my telephone, and I recall sharing it with Lisa Jackson and Julian D. Fontaine in my office. BY MR. BILLIPS: Q. What's Julian's race? A. I'm sorry? Q. What is Julian's race? MR. WITHERS: You've named him as a witness in this case. BY MR. BILLIPS: Q. What is his race? A. His race? Q. Yeah. A. Oh, he is European. White. Q. Okay. A. He's French to be specific. Q. Okay. Do y'all have a vendor who traps the wildlife? A. Yes, sir. Q. Okay. And did you ever tell the vendor that you also had a bunch of coons in the kitchen
A. I don't remember that. I remember being at a fund-raiser. Q. Okay. Do you remember whether you told such a joke? A. No, sir. I do not remember that. Q. Okay. Is this the only time you told a joke about Barack Obama using the word nigger? A. That's the only time I remember telling it. Q. Okay. Now, Dustin Walls in March of 2010 made a statement in which he threatened to fire all of the monkeys in the kitchen. Was that your understanding? A. That's what I heard. Q. Okay. Have you ever talked to Dustin about that? A. I've already answered that question today and, no, sir, I have not. Q. Okay. Are you aware of any disciplinary action taken against Dustin as a result of making that comment? A. No, sir. I do not know what takes place on a day-to-day basis at the Lady & Sons. I just take care of Uncle Bubba's. Q. Okay. Those are the kind of things that
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are left to either the general manager or to Mr. Schumacher? A. Whoever is in charge of the Lady & Sons. Q. Okay. Did Ms. Deen ever tell you that she regretted having to discipline Mr. Walls? A. No, sir. Never. I never heard that. Q. Did she ever talk to you at all about this incident? A. We've never had a conversation about that incident. Q. Have you ever had a conversation with the human resources consultants that came in? A. No, sir. Q. Okay. What about your human resources director, has he ever talked about it? A. No, sir. This is strictly all hearsay through the grapevine that he said that. I really don't even know if it's true or not. Q. Okay. Now, the human resources consultants, MacWorks, came in during the spring and summer of 2010? A. I believe that's correct. Q. And they interviewed some people at the restaurants? A. I think that was part of their duties.
Q. Well, do you remember why you left? A. No, sir. I don't recall. Q. Okay. Now, were you ever made aware that Ms. Jackson had complained about using the word nigger in the workplace? A. Never. The only time I ever heard anything about was the pornography sitting in this office. No one ever reprimanded me about using the "N" word. Q. Okay. Without being reprimanded for using the "N" word at work, do you still know that it's wrong? A. Like I've testified today, I've admitted using the word. And do I regret using it, yes, I do. Q. Okay. Well, I'll object and move to strike as nonresponsive. Do you agree that it was wrong for you to have done so? A. I agree. Q. Okay. Do you recall there being a meeting in the kitchen at Uncle Bubba's in which you began beating on your chest and challenging anyone in the kitchen who wanted to to fight you? A. I remember having kitchen meetings. I don't recall beating my chest and inviting anyone
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Q. Okay. Did they interview you? A. I believe they did one -- on one occasion. Q. Okay. And did you sit there and answer all of the questions that they had? A. If they asked me questions, I answered them. Q. Okay. Did you get up and leave? A. I don't remember that. Q. Okay. Did you go to the training that they put on later? A. I went -- I do recall coming downtown to one training event for a short amount of time. Not from beginning to end. Q. Okay. A. Just to see just as a viewer. Q. Okay. Did you feel that you had any need to participate in that kind of training, diversity training, human resources training, things of that sort? A. I feel like that anyone could use -always use continuing education. Q. Okay. Why didn't you stay for the whole training? A. I may have had previous engagements.
to fight me. Q. Do you remember saying, come get some. Come on, you want a piece of me. Meet me on the dock you mother fuckers. A. I don't remember saying that. Q. Do you deny it? A. I do not remember saying that. Q. Okay. So you can't deny it or admit it? A. I remember having meetings. Q. Okay. When you're intoxicated, do you sometimes -- are you sometimes unable to remember what had occurred? A. I've never been in a blackout that I can remember. Q. Well, you've never been in a blackout that you can remember. Okay. A. That's not what I said. Q. Okay. Have you ever been told that you did something, whether you were in a blackout or not, have you ever been told after you were drunk when you sobered up that you did something when you were drunk that you did not remember doing? A. No, sir. Nobody's ever said that to me. Q. Okay. Now, in the middle of August of 2010, was there a dinner for the vendors of the
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restaurant hosted at the restaurant? A. I do remember that. Q. Okay. And did you arrive after the dinner was already in progress? A. Yes, sir, I did. Q. Did you go up to Ms. Jackson and grab her by the face and kiss her cheek and tell the group, I love her. She's my boss and she isn't going anywhere. A. Not in those exact words. Q. Tell me what words you used. A. I remember walking up to the table and there was a group of table -- there was a group at the table, ten to twelve people. There was Ms. Jackson and Julian D. Fontaine and they stood up. I shook Julian's hand, put my arm around Ms. Jackson, and I said, y'all met my general manager. You know, she's the boss. Isn't she great. Q. Okay. Did you kiss her on the cheek? A. I did not kiss her on the cheek. Q. Okay. A. My girlfriend was just standing several feet away from me. Q. She was at the bar, right? A. Not at the bar.
for you or did you? A. The cocktail that I had for dinner at my restaurant was poured by someone working the bar that night. Q. Okay. And how much -- how many shots did they give you? A. I don't know. Q. How big was your glass? A. It was a cocktail glass. Q. Did it have anything in it besides Jack Daniel's? A. Always mixed. Q. Okay. Did you have any complaints that you directed toward Ms. Jackson later that evening? A. No, sir. I did not. Q. Okay. Did you -- were you not getting served? A. No, sir. It was perfect service. Q. Okay. Now, if you were aware of a manager who had a propensity to engage in sexual harassment or racial harassment, would you agree that that person should be fired? A. Well, I believe so. What does propensity mean?
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Q. Do you remember any of the people who were at the table? A. I knew three people sitting at the table. Q. Who were they? A. Lisa Jackson, Julian D. Fontaine, and at the head of the table a district manager. His name is Billy Herndon. Q. District manager for who? A. US Foods. This was a US Foods Service customer appreciation dinner, I believe. Q. Okay. Did you drink at that dinner? A. At that dinner I had one cocktail. Q. Okay. Had you been drinking before dinner? A. Before I came to that, I had a cocktail at home. Q. Okay. Were these self-poured cocktails? A. Always self-poured -Q. Okay. A. -- at home. Q. What about at the dinner? A. At the dinner they -- the bar has jiggers. Q. Okay. So -- well, did the bar pour it
Q. That they were likely to do it. A. They were likely to do it? Q. Yeah. That they had a history of doing it or they had a tendency -MR. WITHERS: Objection. Improper -BY MR. BILLIPS: Q. -- to engage -- to engage in racial or sexual harassment. MR. WITHERS: Objection. Improper hypothetical. You can answer. Lack of foundation as well. THE WITNESS: If -- if they were likely to do that, I don't think that I would want them working for me. BY MR. BILLIPS: Q. Okay. Would you agree that that would be the appropriate response for an employer to take with regard to such person? A. Appropriate response? Q. Yeah. To terminate them. A. To terminate them. I do. Or some type of reprimand, depending on the offense. Q. Certainly to remove them from a position where they could exercise any control or authority over other people?
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A. Like I said, you know, if -- if something like that happened, it depends on the offense. And if it ever happened, you know, there should be some type of reprimand. Q. Now, have you ever been disciplined or reprimanded for anything? MR. WITHERS: In his life? BY MR. BILLIPS: Q. While working as an employee of Uncle Bubba's. A. Just the taking of money that we've discussed here today by my sister. Q. And the reprimand you received from her was a verbal don't do that again? A. Correct. Q. Okay. Have you ever been reprimanded for anything else? A. No, sir. Q. Okay. Do you know if your sister knew you were watch -- looking at porn? A. I'm sorry? Q. Do you know if your sister knew you were looking at porn at work? A. She didn't know I was doing it at work. She knows now.
about non-managerial employees. A. I have heard employees come in and complain because the restaurant was maybe left dirty from the previous shift. Q. Okay. A. Nothing major. Q. Okay. When people came to you with those kind of complaints, did you tell them that they needed to take them to Lisa Jackson? A. I try to let my managers do their job. Q. Okay. So did you -- did you tell the employees and tell Ms. Jackson to tell the employees that those complaints should be brought to her? A. I don't remember if I told the employees, but I did tell my managers that I want them to handle complaints. Q. Okay. A. And the running of my business. Q. Okay. And so -- and part of that would be for the managers to tell the employees, bring these complaints to us? A. I would imagine they did tell them that. Q. Okay. And that was consistent with your direction to them, correct?
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Q. Okay. Did she reprimand you when she found out? A. Not about porn. Q. Okay. Just about stealing? A. Just about the money. Q. Okay. Did she reprimand you for using the word nigger to subordinate employees? A. No, sir. Like I said, I only used that word in a joke that I recall, and I only used it very rarely. And I admit using it, and I regret using it. Q. Right. A. No one has ever reprimanded me for using it. Q. Right. When did you first start to regret using that word? A. During -- I guess during this lawsuit. Q. Okay. Now, when -- when you were at work, did employees ever come to you complaining about this or that going on at the restaurant? MR. WITHERS: Objection to the term this or that as vague. BY MR. BILLIPS: Q. Complaining about just the day-to-day operation of the restaurant. And I'm talking
A. I asked my managers to run my restaurant. Q. So is that a yes? A. I asked my managers to run my restaurant. Q. So you expected your managers to communicate to the employees bring your complaints to us, correct? MR. WITHERS: Objection. Asked and answered. And improperly characterizes his previous testimony. BY MR. BILLIPS: Q. Is that what you asked them or is that what you expected of them? A. I expected them to do the duties of running my restaurant. Q. Okay. A. And if anyone had any complaints, I had an open-door policy. Q. Sure. But you also wanted your managers to make sure they knew -- employees knew they were supposed to come to the managers? MR. WITHERS: Objection. Asked and answered. BY MR. BILLIPS:
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Q. Is that correct? A. I do not know if they knew who they were supposed to come to, but I do have an open-door policy. If they wanted to bypass the general manager or front house managers, I had an open-door policy. I've always said that. Q. Did you ever tell an employee who had come to you with a complaint, go back and talk to Lisa, or go back and talk to Melissa or anything like that? A. Yes, I have. Q. Okay. Mr. Hiers -A. Uh-huh. Q. -- your email -- your emails, are they still on the computer at Uncle Bubba's? A. We have done nothing to destroy any information. Q. Is there any automatic deletion of emails on the computers at Uncle Bubba's? A. I don't know about automatic deletion. Q. Okay. Have you or to your knowledge has anyone else gone on the computer to look for emails to or from you? A. I do not know that -Q. Okay.
ever sent in my life. Q. Okay. Have you seen -- or have you sent any emails to anyone regarding anything having to do with this case? A. Absolutely not. Q. Okay. Did you forward emails that you received from other people? A. I don't even know how to forward email. Q. Okay. The cameras at the restaurant, do they record to a computer or to a tape? A. I believe hard drive. Q. Okay. Now, the person who was -strike. The company or the Uncle Bubba's restaurant has what's called a manager of the day log; is that right? A. MOD log. Correct. Q. Okay. And what does this MOD log look like? Is it like a spiral notebook or some other kind of log book? A. It is not spiral. Q. Uh-huh. A. The ones that I remember I was purchasing was like a ledger book. Q. Okay. And is this a book that all of
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A. -- question. Q. Okay. So you have not done so and you don't know if anybody else has? A. I very rarely know how to get emails. Q. Okay. And the emails that were on this computer have at all times been available, accessible to anybody who sat down at the computer and -- and opened Microsoft Outlook? A. And like I said earlier today, in the beginning when we first got the Uncle Bubba's email address -Q. Uh-huh. A. -- there was one computer that had -anyone could sit at it and click open a window. Q. Right. A. I don't know the year, I believe it was before Lisa Jackson left, that we all got private emails. Q. Okay. And did you each have your own log-in accounts? A. Correct. Q. Okay. And did you send and receive emails? A. I have received emails and I can probably count on one hand how many emails I've
the managers working at the restaurant are able to write in? A. Yes, sir. Q. Okay. And whoever is the manager on duty, that's what MOD stands for is manager on duty? A. Correct. Q. Whoever is the manager on duty is supposed to write down anything of any significance? A. Correct. Q. And then any other manager, or yourself, would have the ability to flip back through the book and see what was written? A. Yes, sir. Q. Okay. Now, is it the practice of the restaurant at the end of the summer to reduce the hours or shorten the shifts of some of the employees because the tourist season is -- is winding down? A. Yes. Because of business. Business is slow. Q. Uh-huh. A. So therefore there are some hourly cutbacks.
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Q. Okay. And during the tourist season, the employees who are working at the restaurant work longer hours and longer weeks? A. They may work more hours. Q. Right. A. I'm not sure they -- the restaurant is open two shifts a day, seven days a week. Q. Okay. A. Many hours. Q. Okay. A. Some employees are students and they cannot -- they can't work certain days of the week, so they may work what we call a double. Q. Right. And then when the summer is over, those hours get cut back, right? A. Yes, sir. Business slows down. Q. And if you've got employees who are disagreeing with each other, it makes it easier to put them on different shifts, right? A. I'm not aware of anybody being separated like that. Q. Okay. Do the employees get -- have you noticed that employees get more tense and cranky as the summer goes on and they're working longer hours?
contradict what she said? A. I could probably produce -- my company could probably produce some reports from the computer system that would -Q. Uh-huh. A. -- accurately tell you when our season starts slowing down. Q. Is it generally in the mid-late October time frame or mid-late August time frame? A. Sir, it's been sporadic ever since I've been open there. Sometimes Octobers are great. Q. August I said. Mid to late August. A. August can be sporadic. Q. Okay. Now -- but Ms. Jackson was aware that that MOD log was available to be read by and written in by every other manager working there? MR. WITHERS: Objection as to what someone else might be aware of or believe. BY MR. BILLIPS: Q. Well, wouldn't she have been aware of that? A. Would Ms. Jackson -- repeat your question. Q. Would Ms. Jackson have been aware that all of the other managers had access to the MOD
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A. I'm aware that I have requested that people not work doubles because I feel like it could cause fatigue. I have worked in the workplace many jobs, and I know after I get over 10 or 12 hours, I'm not as sharp as I was at hour number two. Q. Okay. Now, you were present during the deposition of Ms. Jackson, correct? A. Yesterday? Q. Yeah. A. I was present. Q. And you were present when Ms. Jackson testified about the manager on duty log, right? A. It was a long day. I was present. Q. Okay. Do you recall her testimony that the reference to waiting for two weeks meant waiting until the summer was -- in two more weeks, the summer would be over? A. I do not know what she was referring to. Q. Okay. Do you have any reason to disbelieve her testimony? MR. WITHERS: Objection. That's not a proper question. BY MR. BILLIPS: Q. Well, do you have any facts that would
log and were themselves writing in it? A. Of course she would. Q. Okay. VIDEO TECHNICIAN: Excuse me, Counsel. Just to let you know, we have about five minutes before we will need to do a tape change. MR. BILLIPS: Okay. BY MR. BILLIPS: Q. Now, have you talked to Adolphus Allen about his knowledge of the facts relating to this case? A. No, sir. Q. Have you ever had a conversation with him about the fact that Ms. Jackson is pursuing a claim against the company? A. I believe he's aware of it. Q. Okay. Has he ever indicated to you what, if anything, he knows? A. No, sir. Q. Okay. Mr. Allen still works -- I'm sorry. Strike. Mr. Allen works for Uncle Bubba's? A. Mr. Allen does lots of duties for me. Q. Okay. A. I am currently single.
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Q. Uh-huh. A. I own two dogs. I just recently got back from a cruise, six night, seven day. He stays at my house, protects my house and cares for my dogs. And he does security work at Uncle Bubba's. Q. Okay. My question was who is his employer of record? Is it Uncle Bubba's? A. Of record. His full-time employer is the Ports Authority of Savannah, I guess, is what it's called. He's a longshoreman. Q. Okay. Is he a -- is he on the payroll of Uncle Bubba's? A. Yes, he is. Q. Okay. And the -- what he does at Uncle Bubba's is to serve as a security guard? A. Correct. Q. Okay. Maria Bartley. Who is Maria Bartley? A. An employee of Uncle Bubba's. Q. What does she do there? A. She works in the kitchen. Q. In what capacity? A. As a cook. Q. Was she present on the day that you
she said but, Bubba, he's fantastic. He does everything around here. And then I got to thinking about it, hmm, you're right. He's worth it. Q. And actually what you said to her is you are the only person who would pay a Mexican $15 an hour? A. I never said that. Q. You never said that? A. I never said that. Q. Julian D. Fontaine. Do you know where Mr. D. Fontaine is, where he's working? A. He works for US Food Service. Q. Where? A. Savannah, Georgia. Q. When did he leave Uncle Bubba's? A. Julian D. Fontaine has never worked for Uncle Bubba's. Q. Okay. Where did he work? A. US Food Service. Q. Oh, okay. I don't know why I'm thinking that. Do you know what he knows about the allegations in this case or y'all's defenses? A. No, sir. Q. Have you ever spoken to him about Ms.
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interviewed Mr. Frazier? A. She was. She was one of the persons that I interviewed. I interviewed three people. Q. Okay. A. Maria Brantley, Delphine Jones and Will Frasier. Q. Is it Brantley or Bartley? A. I'm not sure how it's pronounced. Q. Okay. Was there an employee working in the restaurant that you referred to as amigo? A. Yes, sir. Q. What was his real name? A. Oh, gosh. He was Mexican and -- and we all called him amigo. Q. Okay. You don't remember his real name? A. Not without somebody helping me with it. I don't recall. I saw his real name one day a week when I signed his paycheck. Q. Okay. Who gave him that nickname? A. I don't know. Q. Okay. Did you ever have a conversation with Ms. Jackson about how much he was being paid? A. I was -- probably in the beginning and then I was astounded when I heard that she was paying him being a dishwasher $15 an hour. And
Jackson's case? A. No. He just knows that there's a lawsuit and then she resigned. Q. Okay. Has he ever said anything to you indicating he has any knowledge of any relevant facts? A. No, sir. Q. Have you talked to him about this joke that you told? A. Have I talked to him about the joke that I told? Q. Yeah. A. No, sir. Q. Okay. VIDEO TECHNICIAN: Excuse me, Counsel. You have about one minute and we'll have to change. MR. BILLIPS: All right. Let's stop. VIDEO TECHNICIAN: Okay. The time is 3:03 p.m. We are off the record. (Recess from 3:03 p.m. to 3:15 p.m.) VIDEO TECHNICIAN: The time is 3:15 p.m. This is the beginning of DV tape six. We're back on the record. BY MR. BILLIPS:
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Q. Mr. Hiers, you understand that you are still under oath? A. Yes, sir. Q. All right. William Frazier, what does he do for Uncle Bubba's? A. He is a kitchen employee, cook. Q. Okay. Does he have any managerial duties? A. I'm sorry. William Frazier? Q. Yeah. A. No, sir. Q. Okay. Does he have any responsibility in his job for speaking on behalf of the company? A. No, sir. Not to my knowledge. Q. Okay. Other than the incident where you are alleged to have grabbed him and shook him, do you know of anything else Mr. Frazier may know relating to this case? A. No, sir. I have no knowledge. Q. Okay. John Hall. What does John Hall do? A. He's a kitchen manager. Q. Okay. How long has John Hall been working there? I think I asked you this earlier. A. Oh, six, six and a half years.
A. Sir, I do not know. Q. Wasn't there an issue about whether his -- he was properly covered under the company's insurance? A. I do not know. Q. Did you have a conversation with the insurance agent about whether Mr. Harrison was properly covered by the insurance after he was in his car wreck? A. I recall the insurance agent calling me, and he may have told me that there was like a 90-day waiting period for employees. Q. And Mr. Harrison, somebody had put the wrong date for his -- when his insurance coverage was supposed to start? A. I heard that. Q. Okay. A. I don't know. Q. And you and the insurance agent talked about how you needed to make -- to not report it to the insurance company because if you did the insurance agent would lose his license? A. I don't have knowledge of that conversation. Q. Okay. Did you have such a conversation?
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Q. Okay. A. An African-American man. Q. Okay. Was Mr. Hall present during the Big Will incident? A. No, sir. Q. Okay. Ambrose Harrison. Mr. Harrison does not work for Uncle Bubba's, does he? A. No, sir. Q. Mr. Harrison was injured in a car accident; is that correct? A. Correct. Q. He was hit by a car? A. He was hit by a car I heard. Q. And what, if anything, does he know that would be relevant to this case? A. I have not spoke to Mr. Harrison in years. Q. Okay. Mr. Harrison had worked for Uncle Bubba's for just a couple of months when he was hit by that car? A. I don't know if it was a couple of months, but it was not a long period of time. Less than a year I know than when he got hit by a car. Q. It was less than 90 days, wasn't it?
A. No, sir. I did not. Q. Okay. Did you tell Ms. Jackson that if you were ever -- that if she ever repeated the conversation that you would deny it? A. I never had that conversation with her. Q. Okay. But it is a fact that Mr. Harrison actually was not eligible for the insurance coverage? A. I do not recall. Q. Okay. Did the insurance agent tell you his secretary had made a mistake and missed -A. I do not know. Q. Okay. Ms. McCurry -- I'm sorry. Ms. McCurry's position is what? A. Manager. Q. Is she a -- what kind of manager? A. Front house manager. Q. Front house manager. That's what I thought. Who does she supervise? A. I'm sorry? Q. Who -- what positions does she supervise? A. Front house restaurant operations. Q. Help me out. What positions? A. Who does she supervise?
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Q. Yeah. What positions? A. Servers. When she's on duty, she is in charge of servers, bussers, runners, bartenders, and if they even need a little help expo-ing, she'll jump in and help expo. Q. Okay. Paula Puckett, what does she do? A. She is a server. Q. Do you know what, if anything, she knows relevant to this case? A. I do not know what she knows. Q. How long has she been there? A. Ever since I opened in December of 2004. Q. Okay. Does she have any managerial responsibilities? A. No, sir. Q. Okay. Candace Robinson. What does Ms. Robinson do? A. Candace Robinson. A server. Q. Okay. What's her race? A. I'm sorry? Q. Candace Robinson, what's her race? A. Her race. I think she's white. Q. You're not sure who she is? A. No, sir. I've had numerous employees over the past eight years, and some I remember and
Q. Okay. Stephanie Strong, what's she do? A. She is a front house manager. Q. What's her race? A. What is her rate? Q. Race. A. Race. White. Female. Q. Okay. Do you know what she knows of relevance? A. I do not know what she knows. Q. Okay. David Baracette works for MacWorks; is that right? A. That's correct. Q. Is MacWorks still doing any work for any of the Paula Deen companies? A. Yes, sir. Q. What is MacWorks doing for the Paula Deen companies? A. I don't -- I'm not in charge of that. I don't know what he's doing. Q. Okay. Are they still doing any work for Uncle Bubba's? A. I have seen him at Uncle Bubba's. Q. Okay. Phillip Brandon Branch, what does he do? A. He is my sister's personal assistant.
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some I don't. Q. Okay. Paula Puckett, what's her race? A. She is Caucasian. Q. Okay. Tameka Rogers, what's she do? A. Tameka Rogers is a black female kitchen prep slash cook. Q. What does she know? A. I do not have any knowledge of what she knows. Q. Okay. Have you spoken to Ms. Puckett about this case? A. No, sir. I have not. Q. Have you spoken to Ms. Robinson about this case? A. No, sir. I have not. Q. Have you spoken to Ms. Rogers about this case? A. No, sir. I have not. Q. Okay. Have you given any -- have you given any directive to employees at Uncle Bubba's that they are not to speak to Ms. Jackson? A. No, sir. I have not. Q. Okay. Have you told any employees that they're not to speak to Ms. Jackson's counsel? A. No, sir. I have not.
Q. Okay. Do you have any idea what he knows? A. I do not know what he knows. Q. Why did you list him as somebody having knowledge of facts relevant to plaintiff's allegation? A. I -- I didn't come up with the list. Q. Okay. Did you verify the interrogatory responses? A. I've -- I've read the list. Q. Okay. And have you signed under oath that this list is true and accurate? Have you signed anything verifying the truth of the interrogatory responses? A. I don't know if I've ever signed anything. MR. BILLIPS: Has he verified his interrogatory responses? MR. WITHERS: I can't remember if he did. It's on the back. MR. BILLIPS: It's not on the back. MR. WITHERS: Okay. MR. BILLIPS: I was thinking maybe you had sent one later separately. MR. WITHERS: Honestly, I don't know.
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MR. FRANKLIN: Go to a time out. MR. BILLIPS: If he hasn't, will you get us a verification. MR. WITHERS: Sure. BY MR. BILLIPS: Q. Amanda Dobbs. A. Uh-huh. Q. Who is Amanda Dobbs? A. My sister's housekeeper. Q. What is her race? A. White female. Q. And what, if anything, does she know? A. I do not know what she knows. Q. Do you know who Libby Summers is? A. I do. Q. Who is Libby Summers? A. Libby Summers is a former employee of Follow Productions that worked on television shows preparing food for Paula Deen's best dishes. Q. Okay. And do you know why Libby Summers was terminated? A. Only hearsay. Q. What's your hearsay that you've heard? A. I heard that she was very rude to my sister's housekeeper and that she falsified bills
A. White female, front house manager. Q. How many front house managers work on any given shift? A. One to two. Q. Okay. Have you ever talked to her to find out what she knows, if anything, relevant to this case? A. Ms. Sikes? Q. Yeah. A. I do not know what she knows about this case. Q. Has she ever come up and volunteered to you any information about Ms. Jackson? A. No, sir. Q. Okay. Is there any reason sitting here today that you can think of why you would not -or why if Ms. Jackson had continued to work for the company up until now that you would have terminated her employment based on things you have learned while this lawsuit was going on? A. I do not have any knowledge of wanting to terminate her. Q. Okay. So if she was working there today, as far as you know -- as far as you -- in your mind, you wouldn't have any reason to fire
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to the corporate office and receiving money was the two things that I heard. Q. Okay. Do you know why -- what, if any, connection Libby Summers' termination has to the allegations in this lawsuit? A. I have no knowledge of that. Q. Okay. Patrick Dobbs, who is he? A. He is the husband of Amanda Dobbs. He's the groundskeeper and handyman at my sister's home. Q. Okay. What's his race? A. White male. Q. Do you know of anything he knows relevant to this case? A. No, sir. I do not know. Q. Okay. Mary Nodzack. What's Mary Nodzack do? A. She is a white female kitchen employee that works in my prep department in the kitchen. Q. Okay. Was she one of the people that you questioned about the Mike Comer incident? A. No, sir. Q. Okay. Was she there that day? A. I don't know. Q. Sandra Sikes, what does she do?
her? A. I was surprised when she turned in her resignation. Q. Okay. So you wouldn't have any reason to fire her sitting here today? A. We worked together good and I would not have any knowledge of firing her. Q. Okay. Nakir Albatin. A. I'm sorry? Q. Who is Nakir Albatin? A. I think you're talking about the man that we call Albatin. Q. Albatin. Okay. Nakir Albatin. A. Yeah. See, I'm not sure. Albatin. Q. What's he do? A. He is a kitchen cook. Q. Okay. What does he know about anything? A. I do not know what he knows. Q. Okay. Did you ever talk to him about this case? A. No, sir. I have not. Q. Tara Helmly. A. White female, front house server. Q. Okay. Do you know anything she might know?
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A. No, sir. I do not know what she knows. Q. Do you know how long she's worked there? A. A long time. Seven years. Q. April McDonald. A. Black female cook. Q. Okay. Do you have any idea what information she might have? A. No, sir. I do not know what she knows. Q. Was she present during the Big Will incident? A. I do not know if she was. Q. Okay. Brandon Oldfield. Who is Brandon Oldfield? A. A former white male front house manager. Q. Did he quit or was he fired? A. He was fired. Q. Why was he fired? A. I'm sorry? I'm sorry? Q. Why was he fired? A. Stealing money. Q. Okay. Who did he steal from? A. Uncle Bubba's Seafood & Oyster House. Q. How did you catch him? A. Video. Q. Where did he take it from? Where did he
Q. He's kitchen manager. Louis Ross. That's right. And did Mr. Ross report to you what Mr. Oldfield said? A. What he said? Q. Yeah. When he was confronted, did he admit it? A. Yes. I believe he did, but I don't know if he reported anything he said. Q. Okay. But he told you that Mr. Oldfield admitted stealing it, the money? A. Yes. He, Mr. Ross, said that Mr. Oldfield admitted taking the money because they showed him the video of him taking the money. Q. Okay. Did he say how many -- on how many other occasions he had stolen from the -A. I was not in any questioning -Q. Okay. A. -- questioning of Mr. Oldfield. Q. Okay. Now, prior to the deposition yesterday, were you aware of any of the information about Ms. Jackson's family history that she testified to? A. Was I aware before yesterday? Q. Uh-huh. A. Only privileged information with my
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take the money from? A. Out of the safe. Q. Okay. Was he stealing it out of the petty cash or out of the deposits? A. He was doing some pretty fast moves that morning that they showed me on the video. I believe he was taking it out of petty cash. Q. Okay. And when was Mr. Oldfield fired? A. I do not have recollection of that date. Last year. Q. Okay. Who -- he was fired last year? A. Yes, sir. Q. How long had he worked there? A. I would have to look at his file. Four years, possibly. Q. Okay. Did you confront him about stealing from the company? A. I did not. Q. Did anyone to your knowledge? A. Yes, sir. Q. Who did? A. The general manager. Q. That was John Hall? A. No. He's the kitchen manager. That would be Louis Ross.
attorney. Q. Okay. Okay. You had not heard any of that information from Ms. Jackson prior to yesterday? A. Some things, no. Q. Okay. Now, did -- did you ever discipline Ms. Jackson for any reason? A. I recall that she made me sign a write-up one time because she was late to work and she felt like that it was fair. Q. Okay. A. That's all -- that's the only -- and I didn't -- I didn't do it. I just said, okay, I'll sign it. Q. Okay. Was there ever any other occasion that you're aware of that Ms. Jackson was disciplined for anything? A. Not by me or anyone else I'm not aware of. Q. Okay. You felt she was a good employee and a hard worker? A. That's the way I felt. Q. Okay. During the time that she worked there, did you trust her? A. Absolutely.
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Q. Okay. In your experience, was she always truthful? A. I thought so. Q. Okay. Did she have a reputation in the workplace for being truthful? A. Not always. Q. Okay. Now, during the time that Ms. Jackson worked at -- I may have covered this earlier. Ms. Jackson worked for Uncle Bubba's. The day-to-day personnel management, at least for the upper managers, was vested in Mr. Schumacher; is that correct? A. Correct. Q. Okay. Now, after the EEOC mediations, I think you've discussed this meeting with Mr. Gerard, one of the things that you agreed to was that you would not have any role in terminating employees; is that correct? A. I believe that would be correct to say. Q. Okay. And the people who were -- who maintained that authority were Ms. Jackson and Mr. Schumacher; is that correct? A. Well, especially Ms. Jackson. Q. Okay. She was -- she was the person who was supposed to take those actions going forward?
you said your pay was at the beginning of the year, but did you receive -- continue to receive the same paycheck? How were you paid, every two weeks? A. I was paid weekly. Q. Okay. Did you continue to receive the same amount in your paychecks throughout 2010? A. No, sir. I believe I told you that I got a raise in 2010. Q. Okay. Do you remember what -- what month that was? A. No, sir. I do not. I would have to look at company records. Q. Do you remember what it was raised to? A. I know that instead of bringing home $600 a week, I am now currently bringing home 2,000 a week. Q. I'm sorry. You said 600. Was it 16 -A. 1,600. Q. And it went up to 2,000? A. Correct. Q. Okay. And you actually got that in your paycheck each week? A. Got what? Which one? Q. 2,000.
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A. I was not to interfere with any day-to-day operations, any hiring and firing or scheduling or anything like that. Just to take pictures and sign autographs. Q. Okay. And let Ms. Jackson be responsible for everything else? A. Everything else. Q. Okay. Do you have a credit card that is a company Uncle Bubba's credit card? A. I do. Q. Do you have a credit card from any of the other Paula Deen companies? A. I do not. Q. Have you ever used your Uncle Bubba credit card at a strip club? A. I have not. Q. Okay. Have you ever -A. Personal cash only. Q. Okay. Have you ever used a credit card of any sort at a strip club? A. No, sir. Q. Okay. Not the kind of thing you want showing up on a credit card; fair? A. I would say it's pretty private. Q. Now, Mr. Hiers, in 2010, I forget what
A. I'm currently getting in my paycheck bring home 2,000 a week. Q. Okay. And when you got the raise in 2010 to 2,000 a week, did you get a paycheck with a take-home pay of $2,000 each week? A. When I got a raise to $2,000 a week -Q. That was in 2010? A. -- that started in 2010, I don't recall when, to the present. Q. Okay. But I guess what I'm -- what I'm trying to get to is that was not just a paper raise, you actually got paid that much, correct? A. I could carry the check to the bank and cash it. Q. Okay. MR. FRANKLIN: The best kind. BY MR. BILLIPS: Q. So how was the money that you had stolen accounted for? A. As income. Q. Uh-huh. Was it -A. It was reported on my income tax return. Q. Was it accounted as a distribution of profits or as an advance against wages? A. I'm not an accountant. You'd have to
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ask Mr. Schumacher that question. Q. Okay. But it was not taken out of your wages as you went forward throughout 2010? A. I paid taxes on that money. Q. Sure. But that money was not taken out of the wages that you got paid each week? A. No. Q. And in 2011 you got paid $2,000 a week? A. Two. Q. To the present? A. To the present. Q. Okay. Have you ever gotten a distribution of profit from Uncle Bubba's? A. Only in the form of a Christmas bonus. Q. Okay. Did you get a distribution of profit in 2010 in the form of a Christmas bonus? A. I do not remember. Q. Okay. A. If I did, it was given back to the company. That would be a question for Karl Schumacher. Q. Okay. Now, Mr. Hiers, has the filing of this lawsuit caused you to make efforts to hire more black employees to work in the front of the restaurant?
Q. Okay. A. Oh, no. We do have a black server. Q. Uh-huh. A. You know, I've just got so many employees. They have to wear name tags. I'm sorry. I just can't recall her name. Q. Okay. All right. You know you have a black server and two black hostesses? A. That's what I know. Q. Okay. A. That's what I can recall. Q. Do you have any white employees working in the back of the house in the kitchen? A. Very few. I think we have one. Q. Who is that? A. Mary Nodzack -- dack. She's a long-term employee. I still can't pronounce her last name. MR. BILLIPS: Okay. Give us just a minute to talk. MR. WITHERS: Do you want us to leave or -MR. BILLIPS: Yeah. VIDEO TECHNICIAN: The time is 3:49 p.m. We're off the record. (Recess from 3:49 p.m. to 4:01 p.m.)
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A. Absolutely not. Q. Okay. Has it caused you to undertake to hire more white employees in the back of the restaurant? A. Absolutely not. Q. Have you, in fact, hired more black employees to work in the front of the restaurant than you had previously? A. No, sir. Q. Okay. So what employees -- what black employees, if any, work in the front of the restaurant currently? A. You want me to name them? Q. Uh-huh. A. Okay. There's a lady called -- that we call her Nini. You know, the full names we'd have to get from their files. Q. That's fine. A. There is this short lady. I can't remember her name at the time. I know that those two ladies are hostesses. Q. Uh-huh. A. That's the only two that I can recall in the front of the house at the present time because they're hostesses.
VIDEO TECHNICIAN: The time is 4:01 p.m. We're back on the record. BY MR. BILLIPS: Q. All right. Mr. Hiers, if you were aware of a manager engaging in abusive behavior towards subordinate employees, would you discipline that manager? A. I would -MR. WITHERS: Objection. Asked and answered. And an improper hypothetical. You can go ahead and answer. THE WITNESS: I would do an investigation and take appropriate actions. BY MR. BILLIPS: Q. Okay. Did you ever do an investigation of Lisa Jackson during her employment? A. Not that I recall. Q. Did you ever discipline her? A. Not that I recall. Q. Okay. Are you aware of Ms. Jackson ever engaging in any abusive behavior toward employees? A. I've heard of some. Q. Okay. But you have not investigated it? A. Well, I did talk with Ms. Jackson and she denied it.
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Q. Okay. And that satisfied you, correct? A. Yes, it did. Q. Okay. Were you aware during her employment with Uncle Bubba's that on occasion she would take items home for safekeeping? A. A couple of times I did hear this. Q. Okay. And she -- for example, there was some like three-tiered plate tray thing. A. I'm familiar with what you're describing. Q. Okay. And she would take these home and take these things -- take things home and then when they were needed bring them back to the restaurant? A. I believe that was fair to say as it was yesterday. Q. Okay. And you didn't have a problem with her doing that because you didn't have anywhere to keep it at the restaurant? A. No. We did have a storage problem. Q. Okay. So this was a benefit to the restaurant for her to take these things home? A. Yes, sir. Chef coats, she would take them home and bring them back. I was aware of that.
Q. Okay. Where would you have kept them if you got them back? A. Well, since Ms. Jackson has left, there are some additions done to the restaurant that we now have a little extra space. Q. Okay. When were those additions done? A. I believe it started in 2000 -- fall of 2010 -Q. Uh-huh. A. -- completed 2011. I'm not -- I'm not exactly sure how long it took. Q. Okay. All right. (Exhibit 30 marked for identification.) BY MR. BILLIPS: Q. I want to show you a copy of a letter from Melissa McCurry to Ms. Jackson sent to her shortly after her resignation. Have you -- I want you to take an opportunity to read the letter. A. Yes. Thank you. I am reading it as you speak. Q. Okay? A. Okay. Q. Exhibit 30 -- Exhibit 30 to your deposition --
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Q. Okay. Was -- after she left Uncle Bubba's, to your knowledge, has anyone ever written her a letter, or sent her an email, or in any other form made a demand for the return of any of these items? MR. WITHERS: Objection. Asked and answered hours ago. BY MR. BILLIPS: Q. You can answer. A. I recall hearing, I think, that she had a conversation with my front house manager Sandra Sikes -Q. Uh-huh. A. -- about getting the items back to the restaurant. Q. Which items? A. Whatever items she had at home. Q. Okay. And did you or Ms. Sikes or anybody else ever follow up on that? A. I did not. I don't know if anyone else did or not. Q. Okay. Why not? A. I don't know why. Q. Just wasn't that important? A. I don't know why.
A. Yes, sir. Q. -- or in Exhibit 30, Ms. McCurry expresses a number of opinions about Ms. Jackson, makes a number of statements to and about Ms. Jackson. A. She does. Q. And are these, the statements contained in Exhibit 30, consistent with what Ms. McCurry has said to you about Ms. Jackson? A. No. Q. Okay. So Ms. McCurry has not told you how she really feels about Ms. Jackson or she didn't tell Ms. Jackson how she really feels about her? A. This is the first time I've ever seen or read this letter. Q. Uh-huh. A. I did not know really exactly how Ms. McCurry felt about Lisa Jackson. I do know that there -- Lisa -- I do recall, I believe, and it was an accusation towards Melissa while at work about leaving a Coke container out front -Q. Uh-huh. A. -- and it upset Ms. McCurry. Q. Okay. But Ms. McCurry had, in fact,
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failed to clean up a Coke container and she was upset about it, getting chewed out about it? A. I don't know. Q. Okay. But what she says in this letter to Ms. Jackson is, thank you so much for being such a great person. A. I think on a day-to-day basis they did get along pretty good -Q. Okay. A. -- and just had a few run-ins, a few. Q. Okay. Okay. So this is consistent with your observation of the way they got along? A. Absolutely. Q. Okay. Good enough. A. And, you know, I loved working with her, too. MR. BILLIPS: Okay. All right. There are some issues relating to items on the privilege log that we've had a couple of conversations about. We anticipate that it's going to be necessary to file a motion to compel. And to the extent there is any further production by the defendant of any additional documents that may implicate Mr. Hiers' knowledge of relevant facts, we would suspend the deposition
ATTESTATION I, the undersigned, have read the foregoing transcript, and, with the exception of any corrections specified on the attached correction sheet, attest it constitutes a true and correct transcription of my testimony given at the time and place specified therein.
(Signed):___________________ Earl "Bubba" Hiers WITNESS:____________________
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DATE:_______________________
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for the purpose of bringing him back to discuss those items. Subject to that, I am -- I can tender the witness, if you have any questions. MR. FRANKLIN: I have no questions. Thank you. MR. WITHERS: No questions. MR. BILLIPS: All right. Then if you would like, we could just go right ahead with Ms. McCurry. MR. WITHERS: Okay. We need to go ahead and get off the record here, Shawn. VIDEO TECHNICIAN: The time is 4:11 p.m.
ERRATA SHEET STATE OF GEORGIA ) )
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COUNTY OF CHATHAM ) I wish to make the following changes for the following reasons: PAGE LINE ____ ____ CHANGE:________________________ REASON:________________________ ____ ____ CHANGE:________________________ REASON:________________________ ____ ____ CHANGE:________________________ REASON:________________________ ____ ____ CHANGE:________________________ REASON:________________________ ____ ____ CHANGE:________________________ REASON:________________________ ____ ____ CHANGE:________________________ REASON:________________________ ____ ____ CHANGE:________________________ REASON:________________________
This deposition is concluded. We're off the record. (Signature reserved.) (Deposition concluded at 4:11 p.m.)
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(Signed) ________________________________ Earl "Bubba" Hiers
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CERTIFICATE
STATE OF GEORGIA: COUNTY OF CHATHAM:
I hereby certify that the foregoing transcript was taken down, as stated in the caption, and the questions and answers thereto were reduced to typewriting under my direction; that the foregoing pages 1 through 236 represent a true, complete, and correct transcript of the evidence given upon said hearing, and I further certify that I am not of kin or counsel to the parties in the case; am not in the regular employ of counsel for any of said parties; nor am I in anywise interested in the result of said case. This, the 21st day of February, 2013.
__________________________________ RACHAEL MILLER, RPR, CSR, CCR 2807

Bubba Hiers (1) Deposition

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Case 4:12-cv-00139-WTM-GRS Document 154-3 Filed 04/30/13 Page 1 of 60

OPENING REMARKS AND STIPULATIONS ------- 7

EXAMINATION By Mr. Billips -------------------- 8

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DOCUMENTARY EVIDENCE NUMBER DESCRIPTION PAGE

Letter from Melissa McCurry to Lisa Jackson

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DISCLOSURE STATEMENT STATE OF GEORGIA: COUNTY OF CHATHAM:

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(Signed):_ Earl "Bubba" Hiers WITNESS:__