Case 4:12-cv-00139-WTM-GRS Document 154-5 Filed 04/30/13 Page 1 of 23

Transcript of the Testimony of:

Melissa McCurry
Date: February 12, 2013

Case: Lisa T. Jackson v. Paula Deen, et al. 4:12-CV-0139

Tom Crites & Associates International, Inc. P.O. Box 9438 Savannah, Georgia 31412 Phone: 800-631-3480 Fax: 912-233-7777 critesreporting@aol.com www.critesintl.com

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Page 1 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION LISA T. JACKSON, Plaintiff, vs. PAULA DEEN, PAULA DEEN 4:12-CV-0139 ENTERPRISES, LLC, THE LADY & SONS, LLC, THE LADY ENTERPRISES, INC., EARL W. "BUBBA" HIERS, and UNCLE BUBBA'S SEAFOOD and OYSTER HOUSE, INC., Defendants. _________________________________________________ CIVIL ACTION NO.

Videotaped Deposition of MELISSA MCCURRY, 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 4:16 p.m.

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APPEARANCE OF COUNSEL: FOR THE PLAINTIFF: MATTHEW C. BILLIPS, Esquire Billips & Benjamin, LLP 3101 Towercreek Parkway Suite 190 Atlanta, Georgia 30339 (770) 859-0753 S. WESLEY WOOLF, Esquire 408 East Bay Street Savannah, Georgia 31401 (912) 201-3696

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

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

ATTESTATION --------------------------- 48 ERRATA SHEET -------------------------- 49 CERTIFICATE --------------------------- 50

FOR THE DEFENDANTS: WILLIAM FRANKLIN, Esquire Oliver, Maner, LLP 218 West State Street Savannah, Georgia 31401 (912) 236-3311

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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 Also Present: Shawn Screen, Video Technician, Earl Hiers, Lisa Jackson

DOCUMENTARY EVIDENCE NUMBER DESCRIPTION PAGE (NONE MARKED)

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DISCLOSURE STATEMENT STATE OF GEORGIA: COUNTY OF CHATHAM: 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. _________________________

and Paula Deen Enterprises. VIDEO TECHNICIAN: Will you swear in the witness, please. MELISSA MCCURRY, having been first duly sworn, was examined and testified as follows: EXAMINATION BY MR. BILLIPS: Q. Please state your full legal name. A. Melissa Redding McCurry. Q. Ms. McCurry, you have been serving as the corporate representative for -- you have been serving as the corporate representative for Uncle Bubba's Seafood House -- Seafood & Oyster House, Incorporated during the deposition of Ms. Jackson and the deposition of Mr. Hiers; is that correct? A. Yes. Q. And you have had an opportunity to listen to the testimony of both Ms. Jackson and Mr. Hiers, correct? A. Yes. Q. During the deposition of Ms. Jackson, were you taking notes of the things that you contend that Ms. Jackson said that were not true? A. Yes.

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VIDEO TECHNICIAN: This is the videotaped deposition of Melissa McCurry 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 International is the court reporter. My name is Shawn Screen and I am the videotape specialist also in association with Tom Crites & Associates. If counsel will now please introduce themselves and the parties they represent, starting with the party noticing this deposition. MR. BILLIPS: Matthew Billips representing the plaintiff. MR. WOOLF: Wesley Woolf representing the plaintiff. MR. WITHERS: Tom Withers representing Bubba Hiers and Uncle Bubba's Seafood & Oyster House, Inc. MR. FRANKLIN: And Bill Franklin representing the remaining defendants, Paula Deen

Q. Okay. And were you taking a -- to the best of your knowledge, taking a comprehensive list of the things that Ms. Jackson said that you believe were not true? A. Yes. Q. Why were you doing that? A. Well, a lot of them -Q. Go ahead. MR. WITHERS: You know, if it's for the purpose of sharing with me, which is what we did yesterday then, you know, that's a privileged matter. MR. BILLIPS: Well, if you had given her the chance to answer, she might have supported you on that. BY MR. BILLIPS: Q. Why did you do that? For the purpose of sharing it with Mr. Withers, as he just said? A. Yes. Q. Would you have said that if he hadn't prompted you? A. Yes. MR. BILLIPS: But you have had an opportunity to do so, you have taken extensive notes, and we would ask that defendants supplement

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their response to Interrogatory -- one second. Let me find it. Interrogatory Number 12 to all defendants in Plaintiff's First Request for Production of Documents, Request for Admission and Request for Interrogatories from Defendants. Number 12 requests such information, and we would ask that it be supplemented to provide the -- at the very least the information prepared by this witness. BY MR. BILLIPS: Q. Ms. McCurry, in front of you is -- is Plaintiff's Exhibit 30. This is a copy of a note that you wrote to Ms. Jackson in August of 2010; is that right? A. Correct. Q. And I will hand you the original. A. Uh-huh. Q. It was on a little note card and you mailed it to her in a little envelope -A. Uh-huh. Q. -- shortly after she had resigned her employment, correct? A. Correct. Q. In this note did you accurately -- well, let me ask. Did you tell the truth in this note?

talk to Mr. Hall? A. No. Q. Okay. Have you ever talked to Mr. Hall and told him that you are concerned that you are being thrown under this case or thrown under the bus in connection with this case? A. No. Q. No. Okay. You heard Mr. Hiers testify today. A. Yes. Q. Some of what Mr. Hiers said is not consistent with your own recollection; is that true? MR. WITHERS: Objection as to vagueness. BY MR. BILLIPS: Q. Okay. For example, the -- you were present when Mr. Hiers brought an email to a meeting and handed it around. The email, the subject is why should gay marriage be legal. A. I was present for the meeting that someone else brought that email to. Yes. Q. Okay. Were you present when Mr. Hiers brought an email why should gay marriage be legal and handed it around? A. No.

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A. Yes. Q. Okay. When you told -- when you thanked Ms. Jackson for being such a great person, was that because you believed she was a great person? A. Lisa and I had a good rapport at work. I've worked with her for five years. Q. Okay. Did you believe Ms. Jackson was a great person when you sent this note? A. Yes. She was a great person to me as far as I knew. Q. Okay. All right. The crazy family stories, were those stories about your own families or about the family, the Deen -- Paula Deen family? A. It was about our own families. Q. Okay. All right. Let me see the original, please. Thank you. Now, do you know a gentleman named John Hall? A. Yeah. Q. And does he work at Uncle Bubba's? A. Yes. Q. And did you talk to him yesterday about your feelings concerning this lawsuit? A. No. Q. After the deposition yesterday, did you

Q. Okay. Who is it that you contend brought that email? A. Stephanie Strong brought the email to our meeting. Q. Okay. All right. And did she give it to Mr. Hiers? A. No. She handed it to Ms. Jackson. Q. Okay. And who else did she give it to? A. Ms. Jackson passed it around for us to look at. Q. Okay. Was Mr. Hiers present? A. Yes. Q. Okay. Did it have attached to it pornographic pictures -A. Yes. Q. -- or pictures of women having sex with each other? A. Yes. Q. Okay. And pictures of men having sex with each other or just women? A. I don't remember men. Q. Okay. Did Mr. Hiers say anything about the email? A. No. Q. Okay. Did he reprimand Stephanie for

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bringing it to the meeting? A. No. Q. The pictures that Mr. Hiers described, have you ever seen those pictures or were those the pictures that it was -A. Yes. Q. Okay. So what Mr. Hiers described of the pictures of the women running through the field and the two men sitting on the dock receiving oral sex from two women, those were attached to the email that Stephanie brought to the meeting? A. I didn't see an email with it. Q. Okay. She just brought the pictures? A. Right. Q. Okay. But it was Stephanie who brought those pictures to the meeting? A. Yes. Q. Correct? Okay. A. Correct. Q. And Mr. Hiers did not reprimand Stephanie for bringing these pictures, did he? A. No. Q. Okay. And when he blamed it on Ms. Jackson, he was remembering it wrong, correct?

A. I'm not sure what the purpose of it was. It was almost like it was supposed to be a joke for some T-shirts. Q. Okay. Where do you get that idea? A. Because on them it was something about Bubba's way of life. We could put this on a T-shirt. Q. Okay. Now, have you ever seen Bubba looking at porn at work? A. I have not. Q. Okay. Have you ever heard from others that they had seen him looking at porn at work? A. I have. Q. From whom? A. Ms. Jackson. Q. Had she complained to you that she had seen Bubba looking at porn? A. Well, she said that the computer got a virus because Bubba downloaded Britney Spears on it. Q. Downloaded Britney Spears -A. I don't know exactly what. Q. Okay. Okay. Did she -- how many times did she speak to you about Bubba looking at porn on the computer?

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A. Well, Lisa asked Stephanie to print them out to bring them to our meeting. Q. Okay. During the meeting did she ask her to do that? A. It was before our meeting. Q. Okay. So when Mr. Hiers testified that she got up and left and went and got the pictures, he was remembering it wrong, correct? MR. WITHERS: Objection. Objection to the form. It's not a proper question to ask a witness about comparing one witness's testimony to another. MR. BILLIPS: This is a discovery deposition. MR. WITHERS: I know it's a discovery deposition. BY MR. BILLIPS: Q. You can answer. MR. WITHERS: You can answer the question. THE WITNESS: I know that Stephanie brought them in. BY MR. BILLIPS: Q. Okay. And what was the purpose of bringing those in, if you know?

A. I only remember that once. Q. Okay. Were you ever present when Bubba used the "N" word? A. I was not. Q. Okay. Now, were you present in the restaurant the day of the Big Will incident? A. I was not. Q. Okay. Did you hear about it from other employees? A. I did. Q. And did you hear from other employees that Bubba had shaken Big Will? A. Well, I heard mainly about Michael Comer saying something really gross. Q. Uh-huh. A. And then I did hear some about Bubba, you know, talking to Big Will and Delphine. Q. And did you hear from Delphine that Bubba had grabbed ahold of Big Will and had shaken him and yelled at him and Big Will kept saying, I want to take the Fifth and Bubba saying, you ain't -- you don't have any civil rights or words to that effect? A. No. Q. Okay. You never heard anything like

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that? A. No. Q. Okay. Did you hear anything about Bubba shaking Big Will? A. Not until this came out. Q. Okay. So at the time, it is your testimony that none of the employees spoke out about Big Will being shaken by Bubba? A. Well, I was on maternity leave for two months, so I wasn't there. Q. Okay. All right. Good enough. That would explain it. A. Yeah. I was not involved in that. Q. When did you come back from maternity leave? A. September. Q. Of 2010? A. Yes. Maybe late September. Q. Okay. So you were out the months of August and September? A. From July 10th -Q. Okay. A. -- until -- yes, until the end of September. Late to end September. Q. Did Bubba ever make remarks to you of a

Q. Did you work for a while as a -- as a teacher? A. No. I went back to school because I thought I wanted to become a teacher. Q. Okay. A. And so I worked as a student student teaching -Q. Okay. A. -- while I worked at Bubba's. Q. Okay. And did you complete your student teaching? A. I did not. Q. Why not? A. I just found that teaching wasn't something that I really enjoyed. Q. Okay. What school system were you doing your student teaching with? A. Chatham County. Q. Okay. And what school were you attending? A. I was attending Armstrong. Q. Does Savannah State have an education program, too, or do you know? A. I'm not sure. Q. When did you receive your bachelor's?

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sexual nature? A. No. Q. So it is your testimony he did not say to you that you have -- it's a good thing you have a nice ass because you don't have much in the way of tits or words to that effect? A. That is correct. He never said that to me. Q. Okay. How long have you been working there? A. Over eight years. Q. Okay. And what do you presently earn? A. Weekly or -Q. Annually. A. Well, I think around 60,000 a year. Q. Okay. What is your highest education degree? A. A bachelor's degree. Q. Is it a bachelor's in education? A. Bachelor's of arts and English communications. Q. Okay. And did you go to school to become a teacher? A. I went to school to be a writer. That was my initial thing.

A. 2005. Q. Okay. And was that from Armstrong State University? A. Yes. Q. Have you ever been arrested or otherwise charged with a crime? A. No. Q. Have you ever received a DUI or anything of that sort? A. No. Q. Okay. Have any employees ever come to you and complained that they have -- complained to you about Mr. Hiers? A. Not that I can remember. Q. Okay. Now, your compensation, is that -- do you just get a salary? A. I'm salary now. And I do get a little extra commission for if I have private parties. Q. Okay. When you say you're salaried now -A. Uh-huh. Q. -- when did you become salaried? A. Oh, either -- oh, I can't remember. Maybe March of last year. Q. March of 2012?

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A. Yes. Q. Okay. Did your job change? A. No. It did not. Q. Were you making more or less on a -working on an hourly basis than you work -- you make on a salary basis? A. The same. Q. Okay. Are you married? A. Yes. Q. What is your husband's name? A. Edward Lee McCurry. Q. Is this the only time -- the only marriage you've had? A. Yes. Q. And you have one child? A. Correct. Q. Now, do you have an email address at work? A. I do. Q. What is it? A. Melissa@UncleBubbas.com. Q. How long have you had that address? The whole time you've been a manager? A. I don't remember. A long time. A long time.

had a virus because he had downloaded Britney Spears porn, right? A. Right. Q. Now, did you confide personal things about your life to Ms. Jackson? A. I'm sure I did. Q. Okay. Things about your relationship with your husband, things about your -A. Day to day life. Q. Okay. And you felt that you had that kind of relationship with her where that was appropriate; true? A. True. Q. Okay. Have you ever been a party to a lawsuit? A. No. Q. Okay. Have you ever been a party to a criminal action and in the sense of being the complainant contacting the police? They might call it a complaining witness. A. No. Q. Okay. Have you ever had to call the police on anyone? A. I think I -- I think I might have called the police once at the restaurant for some reason.

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Q. Okay. More than a year? A. Yes. Q. Okay. Did Ms. Jackson ever confide in you about difficulties she was having with Mr. Hiers? A. She would tell me that he was, you know, in a bad mood or, you know, he wasn't happy with something that we were doing or -Q. Uh-huh. Did she ever confide in you about Mr. Hiers making racist remarks? A. No. Q. You were a subordinate employee of hers; is that correct? A. Correct. Q. And do you think it would have been appropriate for her to relay that kind of information about one of the owners of the company to you? A. I don't -- I don't think that was inappropriate, no. Q. Okay. And she didn't ever tell you anything about -A. I never -- go ahead. Q. The only -- the only negative thing she ever said to you about Mr. Hiers was the computer

Q. Okay. Do you recall an incident where Mr. Hiers showed up at work after running into a car where he came to the restaurant where he was visibly intoxicated? A. I heard about that. Q. Okay. Who did you hear about it from? A. Ms. Jackson. Q. Okay. And did Mr. Hiers -- when did you hear about it? A. I don't know. Q. The day it happened? A. I'm not even sure. Q. Okay. Did Mr. Hiers leave the restaurant and go back to the -- to the place where the accident had occurred? A. I'm not sure. Q. Okay. A. I wasn't there for that. Q. You weren't present? A. No. Q. Okay. Ms. McCurry, do you drink? A. Occasionally. Q. Okay. Do you drink to excess? A. No. Q. Okay. Have you ever come into work

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drunk or hung over? A. I think back in my serving days I came in maybe with a headache. Q. Okay. Have you ever confided in Ms. Jackson about your husband having a problem with alcohol? A. I might have told her that sometimes I think he drinks too much. Q. Okay. And did you tell her that you don't like the way he behaves when he drinks? A. I'm -- I'm not sure. Q. Okay. Did you confide in her that your husband had been abusive when he drinks? A. Abusive? Q. Yes. A. No. Q. Had he? A. No. Q. Now, Ms. McCurry, you gave a deposition previously as a 30(b)(6) deponent on behalf of Uncle Bubba's. A. Yes. Q. Okay. Other than what you testified to in that deposition, what else do you know, if anything, that you consider relevant to Ms.

At what time during the day has this happened or has it happened at all times during the day? A. That -Q. That he would go and get him a drink before he leaves the restaurant. A. Maybe 4:00 or 5:00 in the afternoon. Q. Has he ever done so in the morning? A. Not that I'm aware of, no. Q. Okay. Have you ever seen Mr. Hiers at work in the morning where he appeared to be visibly intoxicated? A. No. Q. Have you ever seen him appear to be visibly intoxicated at work? A. No. Q. Okay. Have you ever been present when Mr. Hiers yelled and threatened employees? A. No. Q. Okay. Have you ever heard him raise his voice to anyone? A. No. Q. Okay. Have you talked to any of the other employees about what, if anything, they know about this case?

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Jackson's allegations? MR. WITHERS: Objection to vagueness. BY MR. BILLIPS: Q. You can answer. MR. WITHERS: You can answer. THE WITNESS: I can't think of anything. BY MR. BILLIPS: Q. Okay. Now, does -- has Mr. Hiers -have you ever seen Mr. Hiers come into work and pour himself a Styrofoam cup full of whiskey? A. I've seen him on his way out of work -Q. Carrying -A. -- with a drink. Q. Okay. From a Jack Daniel's bottle? A. I'm not -- I'm not sure what bottle. Q. Okay. A. I mean, I knew he'd be standing at the bar and someone would make him a drink. Q. Okay. Have you ever seen him make himself a drink before the bartender got there? A. Not that I can remember. Q. Okay. Would you usually get there before the bartenders -A. Yes. Q. -- or would you get -- okay.

A. No. Q. Have you talked to them about Ms. Jackson's allegations? A. No. Q. Now, as a front -- did you apply for the general manager's job? A. No. Q. Okay. Did you want to be general manager? A. No. Q. Okay. As a front house manager, if you felt that there was -- somebody had done something constituting sexual harassment or racial harassment, to whom would you go to complain? A. Ms. Jackson. Q. Okay. And if Mr. Hiers did something that you considered to be inappropriate, to whom would you go to complain? A. Ms. Jackson. Q. Okay. And are you aware of anything that Ms. Jackson could do about it if Mr. Hiers engaged in racial or sexual harassment? A. Am -- am I aware of what she could do about it? Q. Yeah.

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A. I would think she would have a discussion with him. Q. Uh-huh. Were some of the employees -or were you aware of dissatisfaction among some of the employees because Ms. Jackson was taking Mr. Hiers' side or at least that they expressed that? A. Taking his side of what? Q. In conflicts with the employees. A. No. Q. Okay. Now, do you recall -- I think in your last deposition I asked you some questions about the EEOC. A. Uh-huh. Q. Do you recall there were some EEOC charges filed by some employees? A. Correct. Q. Do you know the names of any of those employees? A. Yes. Q. Lane Thomas was one of them? A. Correct. Q. Lane Thomas was a particularly close friend of yours, correct? A. Correct. Q. You and Lane Thomas and Ms. Thomas'

Q. Okay. A. -- because it was our slow season, so we laid off. Q. So they were going to be laid off for a couple of months and then be allowed to come back? A. Well, they would be re-eligible for it. Q. Okay. Do you know who laid them off? A. No. Q. Do you know who told them they were laid off? A. I haven't seen a separation notice. Q. Okay. Did you tell any of them that they were laid off? A. No. Q. Had you looked for a separation notice for them? A. I have. Q. But haven't been able to find one? A. Correct. Q. Okay. And do you know if any of those employees had actually resigned? A. They didn't -- I don't think they resigned. Q. Okay. Did you talk to any of them before they left?

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husband used to go over to -- was it Spanky's where she tended bar? A. No. That's where he was the general manager. Q. He was the general manager. A. Correct. Q. Okay. Had -- she had tended bar there in the past? A. I remember her waiting tables. Q. Okay. But y'all used to go over to Spanky's and -- and have a couple of drinks together? A. Yeah. We did when we were younger. Q. Okay. Now, in this meeting prior to Ms. Thomas' termination or separation from employment, do you recall her saying to Ms. Jackson, shut up you stupid dyke? A. No. Q. Do you recall her saying anything of the kind? A. No. Q. Okay. The other women who filed the EEOC charges, do you know if they had been terminated? A. They were laid off --

A. No. Q. Okay. Were they alleging or do you know what they were alleging in their EEOC charges? A. Age discrimination. Q. And how do you know that? A. Being at the restaurant when it was happening. Q. Okay. And were they, as Mr. Hiers has testified, alleging age discrimination based on an allegation that he said the company should hire only Hooters girls? A. They were alleging it because we had laid them off, but then we hired two younger women to come in and bartend. Q. Okay. And do you know whether part of what they were alleging was that Mr. Hiers had said that the company should only hire Hooters girls? A. I don't know about that. Q. Okay. Who was responsible for hiring bartenders? A. Well, we -- the managers, we could interview people, and then we would let Lisa have the second interview. Q. Okay. Did the -- was there a bar

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manager? A. Yes. Yeah. Q. Who was the bar manager? A. I think it was Lane Thomas at the time. Q. Okay. A. I think. Q. And who had hired the bartenders? A. Well, Lisa gives -Q. She gives her final approval but -A. Yeah. She let's us know who we can hire, if we can hire. Q. Okay. The person who would have recommended hiring somebody to work as a bartender would have been Lane Thomas, correct? A. Well, one of the bartenders that were hired was actually someone that Stephanie Strong and Lisa knew. Q. Okay. A. So I don't -- I didn't hire anyone, so I don't -Q. Okay. Good enough. The notes that you took during the deposition of Ms. Jackson, what did you do with them? A. They're in my case, my bag. Q. Okay. Did you share notes with Mr.

joint representation or joint -MR. WITHERS: Comments are privileged. MR. BILLIPS: Okay. Give me just a moment. Let's go off the record so I can talk to my co-counsel. VIDEO TECHNICIAN: The time is 5:01 p.m. We're off the record. (Break from 5:01 p.m. to 5:11 p.m.) VIDEO TECHNICIAN: The time is 5:11 p.m. This is the beginning of DV tape two. We are back on the record. BY MR. BILLIPS: Q. Ms. McCurry, did you know an employee named Sarah Copeland? A. Yes. Q. And what was Ms. Copeland's position? A. She was -- she started as a server and then became a bar manager. Q. Okay. And do you know anything about the circumstances under which she left employment? A. I don't know for a fact why she left. Q. Have you heard anything from anyone? A. Well, I thought that, you know, she -- I thought she originally left because of Ms. Jackson.

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Franklin during the deposition? A. I don't think I showed him anything. Q. Okay. I mean, I remember seeing you passing notes during the deposition. A. I would pass a note through him to Tom. Q. Okay. Have you spoken to anyone in preparation for your deposition? MR. WITHERS: Other than counsel. BY MR. BILLIPS: Q. Other than Mr. Withers. A. No. Q. Okay. When you spoke to Mr. Withers, who was present, if anyone? A. Bill might have been there. Q. Okay. Is Bill representing you or Uncle Bubba's to your knowledge? A. No. He's Paula's -Q. He's Paula's lawyer? A. Right. Q. Okay. So what did y'all talk about? MR. WITHERS: Objection. MR. FRANKLIN: Objection. MR. BILLIPS: On what basis? MR. FRANKLIN: Privilege. MR. BILLIPS: Are y'all asserting a

Q. You thought she had left because of Ms. Jackson? A. Yes. Q. Okay. Where did you hear that from? A. Well, I just remember that I think she might have told Lane Thomas that in the beginning, because Lane took her job. Q. Okay. Lane took Ms. Copeland's job? A. Yes. Q. Okay. And have you spoken to Ms. Copeland since she left Uncle Bubba's? A. Yes. I did once. Q. When did y'all talk? A. She reapplied for her job at Uncle Bubba's in 2011, I think -Q. Uh-huh. A. -- or I think the beginning of 2011. Q. Okay. A. And I talked to her on the phone about that. Q. Okay. Did she get the job? A. No. We didn't need another manager. Q. You didn't need another manager? A. No. We didn't need a manager. No. Q. Was she a good employee?

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A. As far as I remember, yes. Q. Okay. What about Lindsay McCoy? Do you know Lindsay McCoy? A. Yes. Q. And what was Lindsay McCoy's job? A. Well, she was Lindsay Daughtry when I knew her, but she was our office manager. Q. Okay. And do you know anything about the circumstances under which she left? A. She was having a baby. She left to have a baby. Q. Okay. And did she then decide not to come back? A. She wanted to come back. Q. But -A. But Lisa didn't hire her back. Q. Okay. Had she resigned when she had her baby? A. I'm not sure she resigned. I'm not -- I think -- I think she did what I did maybe, maternity leave. Q. Okay. And did you talk to her about whether she wanted to return? A. No. Q. Okay. What gave you the idea she wanted

Q. Okay. Did you ever hear Mr. Hiers asking her to come back to the office and take her clothes off so he could see her surgery? A. No. Q. Okay. Did she ever talk to you or complain to you about Mr. Hiers doing that? A. No. Q. Now, you are aware of an individual named Mike Comer; is that right? A. Yes. Q. And Sandra Sikes reported to you that Mr. Comer -- prior to his termination that Mr. Comer had used the "N" word to staff members; is that correct? A. She reported to me? Q. Yeah. She told you about it. A. Not that I remember. Q. Okay. Did you hear that he had done -had done so? Did you hear that from Ms. Sikes? A. I don't remember. I don't remember that conversation. Q. Okay. Was Mr. Comer suspended for making inappropriate racist statements? A. I don't remember that. I know he was fired for saying something else.

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to come back? A. There was a discussion that she had and she wanted to come back. She called and -Q. Okay. A. But I don't know all the details about that. Q. What about Carrie Finch? Do you know her? A. Kelly Finch? Q. Yes. A. She was a bartender. Q. Okay. And do you know anything about the circumstances under which she left her employment? A. I don't. Q. Was she going to school? A. I don't remember. Q. Okay. Did she ever complain about Mr. Hiers' conduct toward her? A. Not that I know of. She didn't complain to me. Q. Did -- did you ever hear Mr. Hiers -now, Ms. Finch, she had a -- she had breast implants? A. I don't know.

Q. Okay. He was fired for sexually harassing an employee? A. Right. Right. Yes. Q. All right. On the day that Mr. Comer was actually fired -- strike. Was Mr. Comer initially fired from his job for allegedly using the word nigger in the kitchen? A. I thought he was fired for saying the -Q. Right. But prior to that. A. I don't know of him being fired prior to that. Q. Okay. Do you recall sending an email to Lisa Jackson on July 21st, 2010 stating that on the day that Michael Comer was fired I was managing the front and back of the house. I was busy working in the front of the restaurant, so I was unaware of the conversation between Michael and the kitchen staff. It wasn't until Sandra Sikes, another manager, came in at 3:00 and let me know that she had been called from an employee letting her know of the situation that arose in the kitchen. Michael Comer had used the word nigger in the kitchen and upset and offended some of the fellow

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kitchen employees. I was not sure of the context it was used, but by the end of the work shift Michael and his fellow employees had apologized to each other and the situation seemed to have been resolved. A. On July 21st, 2010? Q. Yes. A. I wasn't working. I was on maternity leave. Q. Okay. Do you know did somebody else have access to your email? A. It's -- it's possible because it's on the front computer. Q. Okay. But you would not have written an email from your work computer on July 21st, 2010, would you, because you were on maternity leave? A. Right. I wouldn't have been at work that day. Q. Okay. When did you start your maternity leave? A. I had my child on July 12th, so that was a Monday, and I didn't work that previous Saturday or Sunday. So July 9th or July 10th. Q. Okay. And excuse me if I block the

BY MR. BILLIPS: Q. Okay. And were you present the day Mr. Comer was fired? A. I can't remember. I came in one day, the first day that I brought my baby in to work and Lisa had come in to put out a fire. Q. Uh-huh. A. Bubba was there, it just so happened, because I wanted to bring her in and show her off. And that was all I knew about it is there was a fire to put out. Q. Okay. A. So I wasn't there for that. Q. Okay. Were you -- were you in the kitchen or in the -- in the office when they went to go terminate Mr. Comer? A. No. I stayed at table 32. Q. Okay. Did you hear any raised voices back in the kitchen? A. No, I didn't. Q. Okay. Now, the restaurant has two rest rooms; is that correct? A. Yes. Q. And the rest room in the back of the house -- the rest room in the front of the house

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video for just a second, but I'm going to show you a document that's been marked as Deen 045945. And it purports to be an email from you dated July 21st, 2010. MR. WITHERS: Counsel, I'm going to step around. I don't have copies, if that's okay. MR. BILLIPS: That's fine. BY MR. BILLIPS: Q. You didn't write that email, did you? A. I mean, the only thing that I could think that would have happened was -- I don't -- I don't know. Q. Because you couldn't have written that email because you weren't at work on July 21st, 2010, you were on maternity leave? A. I mean, you're -- you're right. I wasn't -- I wasn't at work. Q. Do you have any idea where that email came from? A. No. Q. Okay. A. And I would have corrected some of the grammar errors. MR. FRANKLIN: That's an English major. THE WITNESS: I'm just saying.

was for customers, correct? I just want to make sure I'm saying the front and back correctly. A. Yeah. It's kind of -- yeah. But the back of the house rest room, you know, the employee rest room was actually near the front of the restaurant but, yeah. Q. Okay. All right. I'm going to refer to them as front of the house and the back of the house. Front of the house meaning the restaurant -A. Guest rest room, employee rest room? Q. Yes. The back of the house rest room, was it -- were there problems with the plumbing? A. The employee rest room, it was -- yeah. Sometimes. Just like in the whole restaurant. Q. Did it have sewage backup? A. I don't know about raw sewage, but I do know that the grease trap would be connected. Q. Okay. A. So they'd have to snake out towels and get towels. Q. And were you aware of a rule that employees could not use the guest rest room? A. Correct. All employees were supposed to use the employee rest room.

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Q. Okay. Were there employees who refused to use the employee rest room because it was so gross? A. I think all the employees just went in and out of all of them. And we moved them so much with renovations and so they went in all of them. Q. Okay. Was the employee rest room considerably less clean and sanitary than the guest rest room? A. If -- if we the employees let it get that way, of course it would be. Q. Was it? A. Sometimes, yeah. MR. BILLIPS: Okay. I don't have any further questions for this witness. MR. WITHERS: Can we look at -- at that exhibit number -- I guess you didn't mark it as an exhibit. 045945. MR. BILLIPS: No. Yeah. MR. WITHERS: Can I just walk around -MR. BILLIPS: Sure. MR. WITHERS: -- and look at it? MR. WOOLF: I'll pass it over to you. This is -MR. WITHERS: I'll just look over your

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):___________________ Melissa McCurry WITNESS:____________________

DATE:_______________________

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shoulder, if that's okay. Why don't we go off the record, the video record for a second. MR. WOOLF: Sure. What number is it? VIDEO TECHNICIAN: The time is 5:28 p.m. We're off the record. (Signature reserved.) (Deposition concluded at 5:28 p.m.)

ERRATA SHEET STATE OF GEORGIA ) ) 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:________________________

(Signed) ________________________________ Melissa McCurry

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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 49 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

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