PRETRIAL ORDER
THOMAS S. ZILLY, District Judge.
Pursuant to the Court's April 4, 2016 Minute Order (Dkt. No. 56), LCR 16(i), and LCR 16.1, Defendants Golden Specialty, Inc. ("Golden") and Scott Swiggard (collectively, "Defendants"), and Plaintiff Paul Clark ("Plaintiff") (collectively, the "Parties") submit the following Joint Proposed Pretrial Order.
I. FEDERAL JURISDICTION
The Court has subject matter jurisdiction in this matter under 29 U.S.C. § 1331 because Plaintiff has alleged claims under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. The Court also has supplemental jurisdiction over the remaining claims under 29 U.S.C. § 1367.
II. ADMITTED FACTS
The following facts are admitted by the Parties:
1. Golden employed Clark at its Bellingham, Washington office from June 30, 2011, until November 18, 2013.
2. Plaintiff's direct supervisor at the time of his hire was Ron McCulloch, who then held the title of Business Development Manager.
3. Clark's offer letter from Golden described his duties as "the office's technical leader, major point of contact with established clients, and will work with the Business Development Manager and Regional staff to secure new clients, train and supervise team members and to maintain corporate business processes."
4. Plaintiff was hired as a Project Manager by Elemental Air, Inc. on December 2, 2013.
5. Plaintiff's salary at Elemental Air, Inc. was higher than the salary he received at Golden.
III. ISSUES OF LAW
A. Defendants submit that the issues of law are as follows:
1. Whether Plaintiff was properly classified as an exempt employee under the executive, administrative, or learned professional exemptions of the Fair Labor Standards Act.
2. Whether Defendants changed the terms of Plaintiff's employment because of Plaintiff's complaints about his exempt classification under the Fair Labor Standards Act.
3. Whether Defendants performed their obligations under Plaintiff's offer letter with regard to Plaintiff's compensation.
4. Whether Defendants defamed Plaintiff with regard to the statements about "partial truths and lies under the guise of questions," Ex. 3 to Swiggard Decl., Dkt. No. 71-1, and "types of lies that caused . . . grief," Ex. 20 to Lipscomb Decl., Dkt. No. 72-1.
5. Whether Plaintiff had a contract for continued employment with Elemental Air, and whether Defendants interfered with Plaintiff's contract for employment with Elemental Air.
6. Whether Defendants terminated Plaintiff in violation of public policy because of his complaints about safety concerns in the workplace.
B. Plaintiff submits the following issues of law.
None. The court has already determined all issues of law per orders Doc. 92 and Doc. 97.
IV. PLAINTIFF'S CLAIMS
At trial, the Plaintiff will pursue the following claims:
1. Violation of the Fair Labor Standards Act (FLSA) in:
a. Failure to pay overtime wages to Plaintiff although he was not exempt, and
b. Retaliation against Plaintiff for reporting violations of the Fair Labor Standards Act;
2. Breach of contract with regards to Plaintiff's employment agreement with Defendant as to salary increases;
3. Tortious interference with contract in Defendant intentionally causing the loss of Plaintiff's employment with Elemental Air;
4. Defamation in Swiggard's statements about "partial truths and lies under the guise of questions," Ex. 3 to Swiggard Decl., Dkt. No. 71-1, and "types of lies that caused . . . grief," Ex. 20 to Lipscomb Decl., Dkt. No. 72-1.;
5. Violation of the Minimum Wage Act, RCW 49.46 for failure to pay all compensation and benefits due, including overtime and salary increase, and plaintiff's entitlement to double damages; and
6. Wrongful discharge in violation of public policy.
V. DEFENDANTS' AFFIRMATIVE DEFENSES
Without withdrawal or waiver of any aspect of any of their thirteen (13) affirmative defenses, Defendants briefly summarize the following affirmative defenses, which they anticipate that they will rely upon at trial:
1. Third Affirmative Defense — Legitimate Business Reasons. Defendants will establish that the decision to terminate Plaintiff's employment was based on a legitimate, non-discriminatory reason, and no discriminatory or retaliatory factors motivated Defendants' actions towards Plaintiff.
2. Fourth Affirmative Defense — Failure to Mitigate Damages. Defendants will establish that even if Plaintiff engaged in some mitigation efforts at some points after his termination, he did not adequately mitigate damages for all relevant periods of time.
3. Seventh Affirmative Defense — Same Employment Action in Absence of Protected Activity. Defendants will establish that even if Plaintiff establishes a prima facie case of retaliation, Defendants would have taken the same action even in the absence of Plaintiff's engagement in protected activity.
4. Eighth Affirmative Defense — Good Faith Defense. Defendants will establish that even if Plaintiff is able to show that he was misclassified as an exempt employee, Defendants reasonably determined that Plaintiff met one or more of the Fair Labor Standards Act exemptions.
5. Twelfth Affirmative Defense — After Acquired Evidence. Defendants will establish that they would have terminated Plaintiff's employment based on evidence acquired after his termination.
VI. PLAINTIFF'S WITNESSES
Without waiving and fully reserving their right to add to, subtract from, or otherwise revise this witness list, Plaintiff identifies the following trial witnesses.
A. Expert Witnesses.
Plaintiff will not be calling any expert witness.
B. Fact Witnesses.
1. Paul Clark, Plaintiff, c/o counsel for Plaintiff.
Plaintiff Clark will offer testimony regarding all claims, defenses, and damages; including but not limited to his job duties at Golden Specialty; his qualifications for his position; his education and training to perform his work; his rate of pay; his work week hours; the structure of the Northwest office; the projects worked on during his employment with Golden; his chain of command above and below him; 2013 changes to his chain of command; his communications with Golden Specialty employees and managers regarding unsafe working conditions; his communications with state regulators regarding unsafe working conditions; his concerns regarding unsafe working conditions; his communications and concerns regarding lack of overtime pay; his communications and concerns regarding possible data falsifications; his attendance at meetings as required; his subordinates' concerns regarding pay and working conditions; his economic loss as a result of Defendants' failure to pay him overtime; his economic loss as a result of Defendants' failure to pay him promised pay increases; his economic loss as a result of Defendants' termination of him; his economic loss as a result of his loss of employment with Elemental Air; his job search efforts to obtain replacement employment; his emotional and mental state after the loss of his employment; and his knowledge of Golden's efforts to defame him to third parties.
2. Tawny Clark, Plaintiff's Wife, c/o counsel for Plaintiff.
Mrs. Clark will offer testimony regarding her relationship with Plaintiff Paul Clark; her ability to observe Clark on a day to day basis in 2012-2015; her observations of Clark's emotional and mental state at the time of his termination from employment with Defendants; her observations of Clark's emotional and mental state in the months following his termination; her observations of Clark's emotional and mental state in the months following his separation from employment with Elemental Air; impacts to the family finances as a result of the terminations of Paul Clark.
3. Geoff Resney, Former Golden Employee, 219-765-3425.
Mr. Resney may offer testimony regarding his job duties with Defendant Golden; his interactions with Paul Clark; his knowledge of Clark's job duties; his own job duties; his pay structure; challenges to his pay structure; Mr. Resney's observations of Clark's interactions with his supervisors; Mr. Resney's observations of Clark's interactions with clients; Mr. Resney's observations of Clark on the job site; Golden's stated reasons for terminating Mr. Resney.
4. Holly Faulstitch, Former Golden Employee, 360-808-2605 — possible witness only.
Ms. Faulstitch may offer testimony regarding her qualifications for the position for which she was hired; her duties with Defendant Golden; her observations of the duties of Paul Clark; her chain of command and oversight of her by Karen Swiggard; her working relationship with Paul Clark; her observations of Clark's interactions with clients; her observations of Clark's interactions with Golden Specialty employees; her knowledge of the Department of Labor investigations and filings; her knowledge of workplace safety concerns and Golden Specialty's response to same.
5. Sebastian Wolfendale, Former Golden Employee, 222 Flora St., Bellingham, WA 98225, 425-802-0794.
Mr. Wolfendale may offer testimony regarding his qualifications for the position for which he was hired; his duties with Defendant Golden; his observations of the duties of Paul Clark; his chain of command; his working relationship with Paul Clark; his observations of Clark's interactions with clients; his observations of Clark's interactions with Golden Specialty employees; his knowledge of the Department of Labor investigations and filings; his knowledge of workplace safety concerns and Golden Specialty's response to same. Mr. Wolfendale will also testify as to Clark's work at Elemental, the fact that Clark secured work for Elemental and laid the groundwork for the future work performed by Elemental. Mr. Wolfendale will offer testimony regarding the reasons for Clark's termination from Elemental.
6. William Martin, Former Golden Employee, 2120 Michigan St., Bellingham, WA 98229 — possible witness only.
Mr. Martin may offer testimony regarding his qualifications for the position for which he was hired; his duties with Defendant Golden; his observations of the duties of Paul Clark; his chain of command; his working relationship with Paul Clark; his observations of Clark's interactions with clients; his observations of Clark's interactions with Golden Specialty employees; his knowledge of the Department of Labor investigations and filings; his knowledge of workplace safety concerns and Golden Specialty's response to same; his termination from Golden Specialty.
7. Brian Durkop, 952-303-1969 — possible witness only/live or via deposition.
Mr. Durkop may offer testimony regarding Paul Clark's work for Elemental, his communications with Mr. Swiggard regarding Paul Clark, the limitations of Clark's ability to pursue clients due to Swiggard's repeated threatening contacts.
8. Scott Swiggard, President, Golden Specialty, c/o counsel for Defendants.
Mr. Swiggard will offer testimony regarding his knowledge of Clark's disclosures regarding Defendant's FLSA/MWS violations; his knowledge of Plaintiff's reports regarding workplace safety; and possible data falsification; Plaintiff's work assignments; Plaintiff's positive performance; and the stated reasons for Swiggard's termination of Plaintiff. Other topics may be reserved for cross examination.
9. Karen Swiggard, CFO, Golden Specialty, c/o counsel for Defendants.
Mrs. Swiggard will offer testimony regarding her knowledge of Defendant's business and operations as well as communications and information about Plaintiff's duties, position, complaints, performance, and termination. Other topics may be reserved for cross examination.
10. Ron McCulloch, Business and Logistical Development Manager, Golden Specialty, c/o counsel for Defendants.
Mr. McCulloch will offer testimony regarding his knowledge of Clark's disclosures regarding Defendant's FLSA/MWA violations; his knowledge of Plaintiff's reports regarding workplace safety; and possible data falsification; Plaintiff's work assignments; Plaintiff's positive performance; and the stated reasons for Swiggard's termination of Plaintiff. Witness will also offer testimony regarding the failure of Swiggard to confer with him as to the termination of Clark and Swiggard's removal of Clark from McCulloch's chain of command. . . Other topics may be reserved for cross examination.
11. Troy Burrows, former Safety and Quality Assurance Manager, Golden Specialty, c/o counsel for Defendants.
Mr. Burrows will offer testimony regarding his observations of the reports of Clark during the November 2013 lunch that preceded the termination of Clark, his role in the concerns of Clark regarding data falsification in the summer and fall of 2013, his observations of lax compliance with his predecessor and Golden. Other topics may be reserved for cross examination.
12. Shaun Farris, current address unknown: Last known contact 540-494-0377.
Mr. Farris may offer testimony regarding: his qualifications for the position for which he was hired; his duties with Defendant Golden; his observations of the duties of Paul Clark; his chain of command; his working relationship with Paul Clark; his observations of Clark's interactions with clients; his observations of Clark's interactions with Golden Specialty employees; his knowledge of the Department of Labor investigations and filings; his knowledge of workplace safety concerns and Golden Specialty's response to same.
VII. DEFENDANTS' WITNESSES
Without waiving and fully reserving their right to add to, subtract from, or otherwise revise this witness list, Defendants identify the following trial witnesses:
A. Expert Witnesses.
Defendants will not be calling any expert witness retained or specially employed to provide expert testimony in this case.
B. Fact Witnesses.
1. Scott Swiggard, President, Golden Specialty, c/o counsel for Defendants.
Mr. Swiggard will testify at trial regarding Plaintiff's duties and exempt status while employed at Golden; Plaintiff's offer letter and the terms of compensation; Golden's policies and standard operating procedures, as well as Plaintiff's failure to adhere to those policies and procedures; his supervision of and interaction with Plaintiff; Plaintiff's duties and responsibilities; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance, including third-party concerns regarding Plaintiff; Plaintiff's failure to consistently participate in management meetings and related manager activities; the reasons for Plaintiff's termination and the events of November 18, 2013; the statements he made about Plaintiff following Plaintiff's termination; communications with Elemental Air, Inc. and STAC; and other issues related to liability and damages.
2. Karen Swiggard, CFO, Golden Specialty, c/o counsel for Defendants.
Mrs. Swiggard will testify at trial regarding Plaintiff's financial performance; Golden's policies and standard operating procedures; her role overseeing timekeeping, pay, and accounting matters; her observations concerning the termination of Plaintiff's employment and the events of November 18, 2013; Plaintiff's failure to perform his obligations under his offer letter; and other issues related to liability and damages.
3. Ron McCulloch, Business and Logistical Development Manager, Golden Specialty, c/o counsel for Defendants.
Mr. McCulloch will testify at trial regarding Plaintiff's duties and exempt status while employed at Golden; Plaintiff's offer letter and the terms of his compensation; Golden's policies and standard operating procedures, as well as Plaintiff's failure to adhere to those policies and procedures; his supervision of and interactions with Plaintiff; Plaintiff's duties and responsibilities in the Bellingham office, including the factual circumstances of his supervisory relationship with Plaintiff during his employment; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; Plaintiff's failure to consistently participate in management meetings and related manager activities; the reasons for Plaintiff's termination; and other issues related to liability and damages.
4. Paula Metz, Reports Department Manager, Golden Specialty, c/o counsel for Defendants.
Ms. Metz will testify at trial regarding Golden's protocol for preparing testing reports; her interactions with clients regarding testing reports; Golden's policies and standard operating procedures and Plaintiff's failure to adhere to those policies and procedures; her interaction with Plaintiff; Plaintiff's duties and responsibilities with regard to data reporting; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; Plaintiff's failure to consistently participate in management meetings and related manager activities; and other issues related to liability and damages.
5. Troy Burrows, former Safety and Quality Assurance Manager, Golden Specialty, c/o counsel for Defendants.
Mr. Burrows will testify at trial regarding his roles as QA/Safety Manager and Chief Operating Officer at Golden; Golden's policies and standard operating procedures; Plaintiff's failure to adhere to those policies and procedures; the System Improvement Plan ("SIP") process and SIPs prepared by or in connection with Plaintiff; alleged data falsification at the AES project; his interaction with Plaintiff, including in connection with Plaintiff's termination on November 18, 2016; Plaintiff's duties and responsibilities; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; and other issues related to liability and damages.
6. Sara Williams, former Human Resources Coordinator, Golden Specialty, c/o counsel for Defendants.
Ms. Williams will testify at trial regarding Plaintiff's exempt status while employed at Golden; Golden's human resource department and its operations; Golden's policies and standard operating procedures and Plaintiff's failure to adhere to those policies and procedures; her interaction with Plaintiff; Plaintiff's duties and responsibilities as a supervisor of the Bellingham office; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; and other issues related to liability and damages.
7. Scott Chestnut, former Project Manager for Golden Specialty, c/o counsel for Defendants.
Mr. Chesnut may testify in person or via deposition excerpt regarding Golden's policies and standard operating procedures; Golden's client relationship with AES; alleged data falsification issues and communications with third-parties re the same; his interaction with Plaintiff; Plaintiff's duties and responsibilities; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; Plaintiff's alleged safety complaints; and, other issues related to liability and damages.
8. Jennifer Craft, former Human Resources Coordinator, Golden Specialty, c/o counsel for Defendants.
Ms. Craft will testify at trial via deposition regarding Plaintiff's exempt status while employed at Golden; Golden's human resource department and its operations; Golden's policies and standard operating procedures and Plaintiff's failure to adhere to those policies and procedures; her interaction with Plaintiff; Plaintiff's duties and responsibilities as a supervisor of the Bellingham office; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; and other issues related to liability and damages.
9. Myrthala Guerrero, former Safety and Quality Assurance Manager, Golden Specialty, c/o counsel for Defendants.
Ms. Guerroro will testify via deposition excerpt regarding Golden's Qualtity Assurance and safety protocols; the responsibilities of regional managers to ensure safety in their respective offices; Plaintiff's attendance and availability problems; Plaintiff's supervision of employees in the Bellingham office; Plaintiff's job performance; and other issues related to liability and damages.
10. Brian Durkop, President, Elemental Air, Inc., c/o Colton Long, Ogletree, Deakins, Nash, Smoack & Stewart, P.C., 90 South Street, Suite 3800, Minneapolis, MN 55402.
Mr. Durkop may testify in person or via deposition excerpt regarding Plaintiff's employment as the Northwest Regional Testing Manager at Elemental Air, Inc. from December 2013 until June 2014, Plaintiff's failure to perform his obligations as the Northwest Regional Testing Manager during this time, the reasons for Plaintiff's termination from Elemental Air, the statements Mr. Swiggard made to Mr. Durkop about Plaintiff, and other issues related to liability and damages.
11. Paul Clark, Plaintiff, c/o Plaintiff's counsel.
Mr. Clark will testify at trial, including via deposition excerpt, regarding his prior employment background experience, his duties and exempt status while employed at Golden, his offer letter from Golden and terms of compensation, Golden's policies and standard operating procedures and his failure to adhere to those policies and procedures, his alleged safety complaints, his termination, his employment as the Northwest Regional Testing Manager at Elemental Air, Inc. from December 2013 until June 2014, his failure to perform his obligations as the Northwest Regional Testing Manager during this time, the reasons for his termination from Elemental Air, Inc., and other issues related to liability and damages.
12. Jennifer Berrell or a Corporate Representative of BP Cherry Point.
Jennifer Berrell or a corporate representative of BP Cherry Point ("BP") may be called to testify concerning Golden and Plaintiff's work at the Cherry Point Refinery from 2012-2013.
Plaintiff opposes the testimony by deposition of Scott Chesnut or any other witness within 100 miles of this court.
VIII. EXHIBITS
Without waiving and fully reserving their right to add, subtract from, or otherwise revise their exhibit lists:
1. Defendants identify the trial exhibits listed in the attached Exhibit A, and to each exhibit Plaintiff lodged applicable objections, and
2. Plaintiff identifies the trial exhibits listed in the attached Exhibit B, and to each exhibit Defendants lodged applicable objections.
Defendants do not currently intend to present exhibits in electronic format to jurors.
IX. ACTION BY THE COURT
1. This case is scheduled for trial before a jury on October 31, 2016, at 9:00 a.m.
2. Trial briefs shall be submitted to the Court on or before October 11, 2016.
3. Jury instructions requested by either party shall be submitted to the Court on or before October 11, 2016. Suggested questions of either party to be asked of the jury by the Court on voir dire shall be submitted to the Court on or before October 11, 2016.
4. Docket Numbers 92 and 97 shall control the subsequent course of the action unless modified by a subsequent order. These orders shall not be amended except by order of the Court pursuant to agreement of the parties, or to prevent manifest injustice.
Ex. No. Prod. No. or No. Pgs. Date Description No Authenticity Otherwise Admitted
Objection Admitted but Objectionable
Objectionable
A-1 GS_000090-155 Various Paul Clark Paychecks and Paycheck X
Statements
A-2 GS_001283-1285 Undated Resume of Paul Clark X
A-3 GS_000601-602 08/08/02 Job Description — Project Manager Emissions X
Testing
A-4 GS_000001-34 06/23/09 Golden Specialty Employee Handbook and X
Policy Guide
A-5 GS_001286-1289 06/01/11 Application for Employment — Clark X
A-6 GS_00002387-2388 06/13/11 Offer letter to Clark from Swiggard X
A-7 GS_001249 06/15/11 Employee Handbook Acknowledgement Form X
signed by Clark
A-8 GS_001262 06/27/11 Equipment Issued to Employees form — Clark X
A-9 GS_009163-9167 10/05/11 Email from Clark to McCulloch re Paula Metz X
handling of data and post test field work
A-10 GS_00003372-3376 11/02/11 Email from McCulloch to Swiggard re Clark X
status change form; request for salary
adjustment
A-11 GS_000035-66 01/18/12 Golden Specialty Employee Handbook and X
Policy Guide
A-12 GS_001248 01/19/12 Acknowledgement of reading, singing and X
agreeing to abide by 2012 revised Golden
Specialty Travel and Expense Policy
A-13 GS_00003377-3378 01/31/12 Email from McCulloch to Clark re potential X
hires
A-14 PC B.2 F.1 12-14/197 03/06/12 Email from McCulloch to Clark re Intalco X
March 2012 POM source testing
A-15 PC B.2 F.1 16-17/197 03/09/12 Email from McCulloch to Clark re vent hood X
A-16 GS_011598 03/29/12 Email from Guerrero to P. Perrone re Hood X
A-17 PC B.2 F.I 27-31/197 04/04/12 Email from McCulloch to P. Perrone, R. X
Fortson, cc: Guerrero, Clark re Bellingham
vent hood
A-18 GS_011657 04/05/12 Email from Swiggard to Clark, McCulloch, X
Craft, cc: Guerrero re NCCAR response and
clarification
A-19 PC B.2 F.1 34/197 04/16/12 Email from Guerrero to Clark re fume hood X
A-20 GS_012586-12589 04/18/12 Email from P. Perrone to Guerrero, Clark, X
McCulloch re fume hood for NW
A-21 PC F.3 20/101 04/18/12 Email from Farris to Craft, Clark re time off X
request
A-22 GS_00001618-1622 04/18/12 Email from McCulloch to Clark, Craft re X
timekeeping policy updates
A-23 GS_00001633-1637 06/07/12 Email from McCulloch to Clark, Craft re X
timesheet, concerns re exempt status
A-24 PC B.2 F.1 67-68/197 06/08/12 Email from T. Kaiser to Clark attaching fume X
hood purchase order
A-25 GS_012024 06/12/12 Quotation for fume hood X
A-26 Intentionally Blank - Intentionally Blank
A-27 PC F.3 19-20/101 07/03/12 Emails from Wolfendale and Ferris to Clark re X
time off request
A-28 GS_011632-11634 07/12/12 Email from Guerrero to T. Kaiser re safety X
training, vent hood
A-29 GS_006212-6213 07/16/12 Email from Clark to Craft re timesheet, field X
hours
A-30 GS_011648-11650 07/16/12 Email from Guerrero to McCulloch, Clark re X
NW Hood
A-31 GS_012797-12801 07/16/12 Email from Guerrero to Clark, McCulloch, cc: X
Swiggard, P. Turner, P. Perrone re New fume
hood
A-32 GS_012027-12029 07/16/12 Email from Swiggard to Guerrero; cc: P. X
Perrone re vent hood
A-33 GS_012807-12817 08/07/12 Email from Clark to McCulloch re timekeeping X
and overtime pay; attaching WA DOL
Overtime policy
A-34 GS_00001638-1639 08/07/12 Email from McCulloch to Craft re Clark X
concerns re overtime pay
A-35 GS_011511 08/29/12 Email from McCulloch to Clark, Craft re time X
off request from
A-36 GS_013363-13364 09/07/12 Email from Clark to T. Kaiser, S. Farris, S. X
Wolfendale re weekend premium
A-37 PC B.2F.1 172/178/197 09/25/12 Email from Guerrero to Clark, cc: McCulloch, X
Swiggard re US DOT Letter re S. Farris
A-38 PC F.3 28-29/101 10/25/12 Email from McCulloch to Clark, Resney re X
time sheet and filed log idea
A-39 GS_00002647-2650 11/01/12 Email from Craft to McCulloch forwarding X
emails between Clark and Craft re time sheet
and overtime hours
A-40 PC F.3 86/101 12/05/12 Email from Craft to Clark, cc: McCulloch re X
timesheet approval
A-41 PC F.3 88/101 12/06/12 Email from Craft to Ferris. Clark re timesheet X
approval
A-42 EA000007-9 01/01/13 Employment Agreement between Clark and X Dup 227
Elemental Air
A-43 GS_009104-9106 01/11/13 Email from Swiggard to Clark, cc: McCulloch X
re Bellingham lease
A-44 GS_009099-9100 01/14/13 Email from Clark to McCulloch re suggestions X
on things to do differently
A-45 GS_00002627-2631 01/17/13 Email from Clark to McCulloch re staffing of X
projects
A-46 Intentionally Blank - Intentionally Blank X(will be
P's
exhibit)
A-47 PC B-2 F.7 22/265 01/24/13 Email from McCulloch to Clark, cc: Guerrero
re safety issue
A-48 Intentionally Blank - Intentionally Blank
A-49 PC B-2 F.7 29-32/265 01/28/13 Email from McCulloch to Clark, cc: Swiggard X
McCulloch re safety issue
A-50 GS_013056-13061 01/28/13 Email from McCulloch to Swiggard, Clark XC
Guerrero re fume hood for NW
A-51 GS-00002622-2626 01/30/13 Email from Swiggard to Clerk, cc: McCulloch X
re applicants
A-52 GS_006131 02/01/13 Email from Swiggard to McCulloch, cc: Craft X
re Clark working from home
A-53 GS_008841-8846 02/01/13 Email from Swiggard to McCulloch re X
manager meeting notes
A-54 Intentionally Blank - Intentionally Blank
A-55 GS_012407-12410 02/04/13 Email from Guerrero to Clark, cc: McCulloch, X
re eye wash
A-56 GS_013049 02/04/13 Email from McCulloch to Swiggard, cc: Clerk X
re vent hood on order
A-57 GS_012293-12297 02/05/13 Email from Guerrero to Swiggard, cc: Clark, X
McCulloch re Methylene Chloride
A-58 GS_012308-12312 02/05/13 Email from Guerrero to Swiggard, cc: Clark, X(Dup)
McCulloch re Methylene Chloride
A-59 GS_012313-12317 02/05/13 Email from Clark to McCulloch, cc: Swiggard X
re Methylene Chloride
A-60 GS_008778-8782 02/11/13 Email from Guerrero to McCulloch re X
methylene chloride
A-61 PC B.2 F.7 142-149/265 02/14/13 Email from Guerrero to Clark, McCulloch X
Swiggard re methylene chloride
A-62 GS_012271 02/16/13 Email from Swiggard to McCulloch re open X
management issues.
A-63 GS_012988-12989 02/19/13 Email from McCulloch to Swiggard re open X
management items — snapshot
A-64 GS_008596-8599 02/21/13 Email from Clark to Craft. McCulloch, cc: X
Guerrero re Ferris unemployment claim based
on safety concerns
A-65 GS_011594 02/26/13 Email from Swiggard to Guerrero; cc: K. X
Swiggard re hood and monitoring
A-66 GS_00002574-2578 02/27/13 Email from Clark to McCulloch, cc: Swiggard, X
K. Swiggard, Craft re Holly, "Paul's call as to
what works best"
A-67 PC B.2 F.7 176-178/265 02/27/13 Email from Guerrero Clark, cc: Swiggard re X (cum As in
hoods A-69)
A-68 PC B.2 F.7 156-265 02/27/13 Email from Guerrero Clark, cc: Swiggard re X (cum As in
hoods A-69)
A-69 PC B.2 F.7 179-182/265 02/27/13 Email from Guerrero Clark re vent hood X
A-70 GS_00001935-1938 02/27/13 Email from Clark to McCulloch, Swiggard; cc: X (in A-66)
K. Swiggard, Craft re staff hires
A-71 GS_ 012264-12265 02/28/13 Email from Clark TO McCulloch, R. Fortson re X
weekly check in
A-72 PC B.2 F.7 183/265 03/07/13 Email from Guerrero to Clark re vent hood X
A-73 PC B.2 F.7 188/189/265 03/15/13 Email from Guerrero to McCulloch, Clark re X
M23 SOP
A-74 GS_008531-8534 03/15/13 Email from Swiggard to McCulloch, re: X
Guerrero re lab hood
A-75 GS_012211-12212 03/18/13 Email from Faulstich to McCulloch, re: X
Anemometer order
A-76 GS_012913-12914 03/18/13 Email from McCulloch to Clark re M23 SOP X
A-77 GS_012915 03/18/13 Email from McCulloch to Faulstich, cc: Clark X
re fume hood filter
A-78 GS_012916-12917 03/18/13 Email from McCulloch to Faulstich re monitor X
A-79 GS_011397 03/19/13 Email from D. LeRoux to Faulstich re fume X (A-87)
A-80 GS_012188-12189 03/19/13 Email from Guerrero to Clark, McCulloch, X
Swiggard re safety inspection
A-81 GS_011402 03/20/13 Email from Clark to Faulstich re working out X
of office
A-82 PC B.2 F.7 199-200/265 03/21/13 Email McCulloch, cc: Clark X
re TSS/hood
A-83 GS_012171-12172 03/21/13 Email from Swiggard to McCulloch re Clerk X
work from home agreement
A-84 GS_012155-12158 03/22/13 Email from Swiggard to McCulloch re X
potential merger and personnel issues
A-85 GS_011423 03/25/13 Email from Clark to Faulstich "they are coming X
today to do ductwork on hood"
A-86 Intentionally Blank - Intentionally Blank
A-87 GS_011425-11426 03/27/13 Email from D. LeRoux to Faulstich re fume X
hood certification
A-88 PC B.2 F.7 209-210/265 03/27/13 Email McCulloch to Clark, cc: Swiggard, X
Guerrero, K. Swiggard re Washington Final
Closeout Meeting for Inspection
A-89 PC B.2 F.7 211-212/265 03/27/13 Email from Swiggard to Clark, cc: Guerrero, K. X
Swiggard, McCulloch re Washington Final
Closeout Meeting for Inspection
A-90 - 03/27/13 Email from Guerrero to Swiggard, cc: K. X
Swiggard, McCulloch, Clark re Washington
final closeout meeting for inspection (bates
number illegible)
A-91 GS_00001777 03/28/13 Employment offer letter from K. Swiggard to X
Chestnut
A-92 GS_012136-12137 04/03/13 Email from Clark to Craft, cc: McCulloch
forwarding leave request for calendar
A-93 GS_001247 04/09/13 Employee Status Change Form changing X [wrong date]
supervisor to S. Swiggard
A-94 GS_00086 04/17/13 Golden Specialty Organizational Chart X
A-95 GS_012126-12127 04/19/13 Email from Guerrero to McCulloch re Chesnut X (A-98)
and Clark working from home
A-96 GS_01218 04/19/13 Email from Guerrero to McCulloch re Clark X (A-98)
and Chestnut working from home
A-97 GS_012863-12864 04/19/13 Email from McCulloch to Swiggard re working X
from home
A-98 GS_012868-12869 04/19/13 Email from McCulloch to Guerrero re working X
from home
A-99 GS_0002410-2417 04/19/13 Email from Swiggard to McCulloch re X
Shaun/Sebastian incident
A-100 GS_011503-11504 04/22/13 Email from Clark to Faulstich re roles and X
responsibilities
A-101 PC B.2 F.7 232-233/265 04/22/13 Email from Craft to Clark, cc: McCulloch re X
Shaun Ferris unemployment hearing
A-102 GS_013361 04/22/13 Email from McCulloch to Clark, Chestnut re X
working from home
A-103 GS_012856-12857 04/23/13 Email from McCulloch to Clark, re working X
from home
A-104 PC B.2 F.7 234-235/265 04/23/13 Email from McCulloch to Clark, Craft re DOT X
logs
A-105 GS_006469-6473 04/24/13 Email from Clark to Faulstich re supplies for X
eyewash
A-106 GS_008373-8374 04/25/13 Email from Swiggard to McCulloch re regional X
management roles
A-107 GS_008177 05/06/13 Email from Faulstich to Chesnut, Clark, X
McCulloch, Guerrero re eyewash
A-108 GS_011571-11572 05/06/13 Letter from Guerrero to DOSH re Golden X
Specialty appeal of violation
A-109 GS_00002409 05/07/13 Email from Clark to McCulloch re teamwork X
A-110 GS_006183 05/09/13 Email from Guerrero to Craft re Paul Clark X
safety violation notice
A-111 PC B.2 F.8 57-58/248 06/12/13 Email from Guerrero to Clark re call with X
OSHA re eyewash appeal
A-112 PC B.2 F.8 60/248 06/13/13 Email from Swiggard to Guerrero, Clark re X
OSHA call
A-113 GS_006528-6529 07/09/13 Email from Guerrero to McCulloch, Clark, X
Chestnut re eyewash citation vacated
A-114 PC B.2 F.8 71-72/248 07/17/13 Email from Metz to Clark re AES info, Cal X
error for 6/5
A-115 PC B.2 F.8 73-73/248 07/19/13 Email from Faulstich to Clark attaching cal X (ASSUMING
error form from AES YOU MEAN
73-74/248)
A-116 PC B.2 F.8 75-76/248 07/19/13 Email from McCulloch to Clark re AES data X(A-119)
sheet errors
A-117 PC B.2 F.8 73-74/248 07/19/13 Email from Faulstich to Clark attaching AES X(A-115)
data sheet
A-118 GS_00002400-2405 07/31/13 Email from Guerrero to Clark, McCulloch re X
test plan, suggestion to reiterate policies and
procedures
A-119 PC B.2 F.8 80-82/248 07/31/13 Email from Swiggard to Clark re Chestnut cal X
error
A-120 PC B.2 F.8 84-86/248 07/31/13 Email from Clark to Guerrero re AES cal error X
A-121 PC B.2 F.8 91-96/248 08/02/13 Email from Guerrero to Clark re corrective X
action for Chestnut cal error
A-122 PC F.2 1-5/150 08/02/13 Email from Guerrero to Clark re Chestnut cal X(A-121)
error
A-123 GS_00002382-2388 08/02/13 Email from Clark to McCulloch re method X
deviation document, attaching job offer letter
A-124 GS_005106-5107 08/06/13 Email from Clark to McCulloch re weekend X
pay
A-125 GS_013890 08/10/13 Email from Swiggard to McCulloch re X
discussion with attorney re Clark
A-126 PC B.2 F.8 115-117/248 08/13/13 Email from Swiggard to Clark, cc: Williams, X
Burrows re AES project review
A-127 GS_006279-6281 08/28/13 Email from Swiggard to Clark, cc: Williams, X
McCulloch re Wolfendale compensation
A-128 GS_014031 08/28/13 Email from McCulloch to Clark re pay inquiry X
A-129 GS_013537 08/30/13 Email from K. Swiggard to S. Swiggard "I X
hear Paul is threatening lawsuits"
A-130 PC F.1 138-139/146 09/01/13 Email from Clark to Whom it May Concern re X
claim against Golden Specialty for unpaid
wages
A-131 GS_006278 09/02/13 Email from Clark to Swiggard, cc: McCulloch X
re Wolfendale compensation and concerns over
Clark's pay
A-132 GS_00002217-2221 09/03/13 Email from Swiggard to McCulloch X
forwarding emails between Clark, Swiggard
and McCulloch re pay increase for Sebastian
and overtime pay
A-133 GS_006142-6145 09/10/13 Email from Swiggard to McCulloch X
forwarding email between Clark, Swiggard and
McCulloch re staffing and travel expenses
A-134 GS_00001815-1816 09/11/13 Email from McCulloch to Swiggard, Williams, X
K. Swiggard re General Manager Overtime
Question
A-135 GS_013737-13739 09/11/13 Email from Swiggard to Clark, cc: McCulloch X
re Staffing
A-136 GS_006120 09/17/13 Email from Swiggard to Clark invitation to X
lunch
A-137 GS_006128-6130 09/21/13 Email from Clark to Williams re timesheets X
and payroll; employee morale
A-138 GS_013327 09/23/13 Email from Swiggard to Burrows, cc: Clark re X
NCC Field Audit Reports
A-139 GS_012061 09/27/13 Email from Wolfendale to Clark, cc: Williams X
re time off request
A-140 GS_006197-6198 09/30/13 Email from Clark to Swiggard, cc: McCulloch X
re Nevada Hotels
A-141 GS_013266 10/02/13 Email from Williams to Clark, cc: Swiggard re X
timesheets
A-142 GS_001221 10/5/13 Employee Warning Report issued to Clark X
A-143 GS_00003613-3618 10/07/13 Email from Swiggard to Clark, Williams re X
PTO/Sick and Timesheets, Clark's supervisory
duties
A-144 GS_006287-6289 10/07/13 Email from Clark to Swiggard, cc: Williams re X
Timesheet, federal exemptions for salaried
employees
A-145 GS_006282-6286 10/07/13 Email from Swiggard to Clark, cc. Williams re X
timesheet, exempt status
A-146 GS_00001804-1808 10/07/13 Email from Swiggard to K. Swiggard X
forwarding email between Williams and Clark
re PTO and Timesheet approval
A-147 GS_00003672-3677 10/07/13 Email from Williams to Clark re timesheet X
supervisory addition.
A-148 GS_00003871-3876 10/07/13 Email from Swiggard to Clark, William re X
PTO-Timesheets; Clark's supervision of staff
A-149 GS_00002177-2181 10/10/13 Email from Swiggard to Clark, cc: McCulloch, X
Faulstich re compensation for Sebastian
A-150 GS_00002183-2185 10/10/13 Email from Clark to McCulloch, cc: Williams X
re "for now you are still my boss of record";
attaching job offer letter
A-151 GS_014729-14731 10/10/13 Email from Swiggard to Wolfendale, Martin X
Clark re Reno fiasco
A-152 GS_013653-13654 10/10/13 Email from Swiggard to McCulloch re Reno X
fiasco
A-153 PC B.2 F.8 139-141/248 10/14/13 Email from Burrows to Clark re SIP for failure X
to follow DOT rules
A-154 PC B.2 F.8 142-147/248 10/15/13 Email from Burrows to Clark re Chestnut AES X
cal error
A-155 10/15/13 System Improvement Plan — Trailer driven X
from Texas to Nevada without following DOT
rules (no bates number)
A-156 GS_014690-14694 10/15/13 Email from Burrows to Clark re job X
descriptions; attaching job description for
Project Manager — Emissions Testing
A-157 GS_011091 10/16/13 Email from Burrows to Clark re calibration X
error sheet, training for new hires
A-158 GS_001242 10/16/13 Email Swiggard to McCulloch, Williams re X
hires for Nevada Cement project
A-159 GS_012065 10/16/13 Employee Time — Off Request Report for X
Wolfendale
A-160 GS_013989-13990 10/16/13 Email from McCulloch to Swiggard re Nevada X
Cement hires
A-161 GS_006265 10/20/13 Email from Clark to Faulstich, cc: K. Swiggard X
re Nevada Cement invoice
A-162 GS_006123 10/21/13 Email from Clark to Swiggard re meeting X
request
A-163 Intentionally Blank - Intentionally Blank
A-164 GS_013395 10/23/13 Email from Clark to W. Martin re time off X
request
A-165 GS_001216 10/25/13 Paystub information for Clark, with note Clark X
payroll error"
A-166 Intentionally Blank - Intentionally Blank
A-167 1 page 10/28/13 Email from Clark to Williams re timesheet X
approval
A-168 GS_006121 10/28/13 Email from Clark to Swiggard, cc: Williams re X
update on request to meet
A-169 GS_013926 10/28/13 Email from McCulloch to Swiggard re removal X
of Clark from management to field supervisor
role
A-170 GS_013924-13925 10/30/13 Email from McCulloch to Clark re GC work X
A-171 GS_001231-1232 11/04/13 Email from Clark to Swiggard, cc: Williams re X
timesheets, time out of office
A-172 GS_011249-11259 11/04/13 Email from Clark to Burrows re AES error X
follow up —
A-173 PC B.2 F.5 265-266/350 11/04/13 Email from Clark to Swiggard, cc: Williams re X
Paul's time, limit to hours actually in office
A-174 PC B.2 F.5 300/350 11/04/13 Email from Clark to M. Parelskin, Williams X
approving time sheet
A-175 PC B.2 F.8 181-187/248 11/04/13 Email from Burrows to Clark to AES error X
follow up
A-176 PC B.2 F.8 188-197/248 11/04/13 Email from Burrows to Clark re AES error X
follow up
A-177 PC B.2 F.8 238-239/248 11/04/13 System Improvement Plan re incorrect data X
included in report
A-178 GS_014676-14677 11/05/13 Email from Burrows to Swiggard re quality X
issues at the Northwest Office
A-179 GS_00003811-3812 11/05/13 Email from Swiggard to K. Swiggard re Paul X
Annual Review
A-180 GS_013504-13506 11/05/13 Email from Swiggard to Faulstich re Paul's X
office time
A-181 GS_005973 11/07/13 Email from Clark to Faulstich forwarding X
email from Durkop
A-182 PC B.2 F.5 229/350 11/10/13 Email from Clark to L. Lawson re potential X
source testing, citing experience testing PSE
sites
A-183 GS_013576-13577 11/11/13 Email from Swiggard to McCulloch, Burrows X
re Chestnut 90 day oversight period
A-184 GS_006262 11/12/13 Email from Clark to Williams, Wolfendale X
approving timesheet
A-185 PC B.2 F.7 212-213/248 11/12/13 Email from Clark to Metz, cc: Chestnut, X (assuming typo
Swiggard, Burrows re AES Amended Report and you mean
F.8)
A-186 PC B.2 F.8 209-211/248 11/12/13 Email from Clark to Burrows re AES amended X
report
A-187 GS_014234 11/12/13 Email from Swiggard to Chestnut re Paul's X
absence
A-188 GS_010549-10552 11/13/13 Email from Swiggard to Burrows re discussion X
with Clark re Chesnut calibration error
A-189 PC B.2 F.8 219/248 11/13/13 Email from Clark to McCulloch re SIP13-057 X (unless
attached SIP)
A-190 PC B.2 F.8 230-236/248 11/13/13 Email from Metz to McCulloch, Swiggard, cc: X
Clark, Chestnut, Burrows re AES Amended
Report
A-191 GS_004663-4666 11/13/13 Email from Swiggard to Clark, cc: Burrows, X
McCulloch re AES Amended Report
A-192 PC B.2 F.8 224-227/248 11/13/13 Email from Clark to Burrows re falsified data X
sheet, discipline for Chestnut
A-193 PC B.2 F.8 228-229/248 11/13/13 Email from Clark to Swiggard, cc: Burrows, X (dup)
McCulloch re Scot Chestnut 90 Day Oversight
Period
A-194 GS_008067-8068 11/13/13 Email from Metz to Swiggard, cc: McCulloch, X
Clark, Chestnut, Burrows re AES Amended
Report
A-195 GS_006263 11/14/13 Email from Clark to Wolfendale approving X
time off
A-196 GS_008045-8047 11/14/13 Email from Swiggard to Clark, cc: Burrows, X
McCulloch re Scott Chesnut 90 day Oversight
Period
A-197 GS_014573-14576 11/14/13 Email from Burrows to McCulloch re 90 day X
oversight plans
A-198 PC F.1 140/146 11/15/13 Handwritten termination note from Swiggard X (wrong date)
to Clark
A-199 PC B.2. F.5 44-46/350 11/15/13 Email from Clark to Faulstich, Martin, X
Wolfendale ""to increase morale. The old line,
the beatings will continue until morale
improves"
A-200 GS_014755-14756 11/15/13 Email from McCulloch to Clark re Sebastian X
compensation adjustment; "since you don't
report to me any longer .... I think you are going
to have to talk with Scott..."
A-201 GS_014753-14754 11/15/13 Email from Williams to Clark, cc: Swiggard, X(A-202)
McCulloch re Sebastian's compensation
adjustment under review
A-202 GS_014660-14662 11/16/13 Email from Swiggard to Burrows forwarding X
email from Clark re compensation adjustment
request for Sebastian
A-203 GS_00003808-3810 11/16/13 Email from Swiggard attaching Clark Annual X
Review
A-204 GS_011580 11/18/13 Email from K. Swiggard to Williams re request X
to lock Clark out of server
A-205 GS_013510-13512 11/18/13 Email from Swiggard to K. Swiggard, X
McCulloch re General Manager Overtime
Question
A-206 GS_001229 11/25/13 Email from Williams to Clark, cc: Swiggard re X
overpayment notification
A-207 GS_001236-1238 11/28/13 Email from Swiggard to Williams forwarding X
email to Clark re approval of timesheets
A-208 GS_006201 11/28/13 Email from Swiggard to Williams re o Clark re X
working from home
A-209 GS_001235 11/29/13 Email from Swiggard to Williams forwarding X
email from Swiggard to McCulloch re Clark
out of office
A-210 EA000003 12/02/13 Job offer letter from Durkop to Clark X
A-211 GS_006115 12/18/13 Email from Burrows to Swiggard forwarding X
email of 11/19/13 summarizing Clark
termination
A-212 GS_004756-4759 01/09/14 Email from Metz to McCulloch, CC: Swiggard, X
Burrows attaching summary of data sheets
found under Paul's desk
A-213 GS_005642-5646 01/13/14 Email from Swiggard to STAC Manager re X
Clark email re accreditation issues
A-214 Intentionally Blank - Intentionally Blank
A-215 Intentionally Blank - Intentionally Blank
A-216 GS_004638-4639 03/28/14 Email from Swiggard to McCulloch, cc; X
Chestnut re Clark email to Patton re removed
data sheet
A-217 EA000021-22 03/30/14 Email from Clark to Enebo re Clark email to X(A-227)
Patton
A-218 Intentionally Blank - Intentionally Blank
A-219 Intentionally Blank - Intentionally Blank
A-220 Intentionally Blank - Intentionally Blank
A-221 Intentionally Blank - Intentionally Blank
A-222 EA000024-25 06/12/14 Email from Clark to Durkop forwarding Clark X(A-227)
email to L. Cottone
A-223 EA000015 06/13/14 Notice of Termination letter from Durkop to X(A-227)
Clark
A-224 EA000027 07/01/14 Elemental Air Sales by Customer Detail report X(A-227)
for Clark
A-225 2/17/15 Defendant's First Interrogatories and Requests X
for Production to Plaintiff and Plaintiff's
Answers and Responses Thereto
A-226 07/28/15 Notice of Intent to Issue Subpoena and X
Subpoena to Elemental Air
A-227 EA000001-70 08/12/15 Element Air's Respects to the Golden X
Specialty Documents Requested in the
Subpoena Duces Tecum, with documents
produced; Affidavit of Service
A-228 11/23/15 Plaintiff's Answers and Responses to X
Swiggard's First Interrogatories Nos. 4-7
A-229 12/16/15 Second Amended Complaint X
A-230 GS_014912-15084 Various Golden Specialty Invoices X
A-231 GS_015085-15094 06/11/11 Golden Specialty Profit & Loss Detail, 6/1/11 X
through 11/18/13
A-232 GS_015095 06/11/11 Golden Specialty NW Income — monthly totals X
(232-1); NW invoices — by month (232-2); all
NW Invoices 6/11/11 - 11/18/13 (232-3)
A-233 GS_015096-15097 06/11/11 Golden Specialty Profit & Loss Detail — X
Income Totals NW Projects 6/11/11 - 11/18/13
A-234 GS_015098-15159 06/11/11 Golden Specialty Profit & Loss Detail 6/11/11 X
- 11/18/13
A-235 PC B.10 F.1 1-4 03/04/14 Communication between Clerk and U.S. X
Senator Cantwell re oversight of emission
testing contractors
A-236 GS_015160-15587 11/13/13 Air Quality Test Report Revision 1.0 for AES X
Hawaii, Inc.
A-237 GS_000677-686 08/30/13 Email from P. Kenish, LNI to Swiggard re X
General Manager Overtime Question
A-238 GS_001368-1519 Various Trailer Activity Logs X
A-239 GS_001520-1572 Various Gate Logs X
A-240 GS_006223 09/14/11 Email from Craft to Clark re hours for last two X
weeks
A-241 GS_006207 10/11/11 Email from Craft to Clark re time for 9/25-9/30 X
A-242 PC F.3 31/101 01/17/12 Email from Craft to Clark re timesheets for last X
two weeks
A-243 GS_006268-6270 03/28/12 Email from Craft to Clark re payroll X
A-244 PC F.3 45/101 06/06/12 Email from Craft to Clark re timesheet for X
weeks of 5/6-5/19
A-245 PC F.3 97/101 07/11/12 Email from Craft to Clark re timesheets X
A-246 GS_006216 01/16/13 Email from Craft to Clark re timesheets from X
last two weeks
A-247 GS_012896-12897 03/21/13 Email from McCulloch to Swiggard re work X
from home agreement for Clark
A-248 GS_014276 08/19/13 Email from Clark to Williams re 40 hours for X
office work
A-249 GS_006234 07/11/13 Email from Clark to Metz re missing items on X
date sheets
A-250 GS_006127 09/30/13 Email from Clark to Williams re missing X
timesheets
A-251 PC B.2 F.8 133/248-135/248 10/10/13 Email from Swiggard to Clark re lost sheet X
A-252 PC B.2 F.8 202/248-203/248 11/12/13 Email from Clark to Metz re amended report X
A-253 PC B.2 F.8 204/248-205/248 11/12/13 Email from Burrows to Clark re AES amended X
report
A-254 PC B.2 F.5 175/350-177/350 11/13/13 Email from Clark to Burrows re false numbers X
on cat error datasheet
A-255 GS_004675-4677 01/06/14 Email from Clark to Szambaris re accreditation X
issues
A-256 GS_000174-673 Various Clark payroll summary information 2011-2013 X
(excerpts)
A-260 GS_001109-1110 01/02/14 Memo from Burrows to Swiggard re X
documents Discovered Under Paul Clark's
Desk After his Termination
A-261 GS_011201-11203 10/29/13 Email from Burrows to Clark re QAM X
A-262 GS_006223 09/14/11 Email from Craft to clark re Timesheets, DOT X
card
A-263 GS006218-6219 11/13/13 Email from Clark to Williams, cc: Swiggard re X
timesheets for last week
A-264 GS_001103-1108 - Customer Feedback Chart X
A-265 GS_015588-15590 01/29/15 Email from McCulloch to Swiggard X
forwarding email chain re Revised AES Report
approval
EXHIBIT BE TO JOIN PRETRIAL STATEMENT
Authenticity
Ex. No. Prod. No. or No. Pgs. Description No Admitted but Otherwise Admitted
Objection Objectionable Objectionable
1 GS 013134-013136 McCulloch to Clark: NW Notes X
2 formerly A-46 Letter from Shawn Ferris re Unresolved X
3 GS 009567-9568 McCulloch to Guerrero email subject X
"eyewash".
4 GS 3025-3027 McCulloch to Clark re: method deviation X
documentation
5 GS 13796-GS 13797 Swiggard to McCulloch email chain Re X
NW Income
6 GS 3871-3876 Swiggard to Clark, Williams email chain X
RE PTO/Sick and Timesheets
7 GS 3603 Clark to Williams Re: Timesheet X
supervisory addition
8 GS 3835-3836 Swiggard to McCulloch email X
9 GS 3818-3820 Swiggard to McCulloch email X
10 GS 13586-13590 Swiggard to McCulloch re NW lines X
formerly A-163
11 GS 8122-8125 Swiggard to McCulloch and Burrows RE: X
Scott Chesnut 90 day Oversight Period
12 GS 010581-010584 Swiggard to Jim Stephenson email subject X
"Fwd: AES Amended Report"
13 GS_00003775-3779 Swiggard to Williams email subject "Paul X
Clark's annual review"
14 PC B. 3 F.1 1/11-11/11 Resney emails with Jennifer Craft X
15 PC B. 4 530-531 DOL findings to Clark X
16 PC F. 532/556-550/557 DOSH Inspection findings X
17 GS_005931 Swiggard to Durkop email X
18 PC B.4 13/14-14/14 Durkop to Clark email X
19 GS_13277-13281 Swiggard to Wilson email X
20 PC F. 21 1/95-6/95 Notice of Tort Claim) X
21 GS 005936-39 Swiggard to Elemental X
22 PC B.4 1/14-9/14 Enebo to Clark X
23 PC B.4 11/14-12/14 Golden Announcement of Office Opening X
24 GS 00001896 Swiggard — Payroll Processing Error X
25 GS 012856-58 Changes in NW Management X
26 PC B. 5 F.1 1/2-2/2 McCulloch to Clark re Work Distribution X
27 Demonstrative Lost Income Documentation for Clark X
Based on A-1, EA 1-70, A-228
28 PC B.2 F.1 21-23/197 Clark to McCulloch Email re it's vent or X
blow
29 GS 1212-1215 Swiggard to STAC (Ayers Dec. 19) X
30 GS_013536 K Swiggard to S. Swiggard (SJ Ex. 8) X
31 PC B.3 F.2 95/96 Swiggard to Elam re STAC matter X
(provisional on MIL)
32 GS 14720-14723 Burrows memo on new QA Manager X
Training
