80
1 Q Depending upon how busy you are then there’s a little 2 time lag between the time it is stamped and the time it is 3 filled? 4 A Yeah. 5 MR. CARLSON: Thank you. That’s all we 6 have. 7 THE COURT: Thank you, sir. Step down. 8 Next witness. 9 MR. CARLSON: We’d call Mel Ptacek. 10 --------------------------------------------------------------- 11 MELVIN PTACEK 12 having been first duly sworn to tell the truth, the whole 13 truth, and nothing but the truth, testified as follows: 14 DIRECT EXAMINATION 15 BY MR. CARLSON: 16 Q State your name for me please, sir, and spell your 17 last name. 18 A Melvin Ptacek, P-T-A-C-E-K. 19 Q Where do you live, sir? 20 A 4312 Brookline Drive. 21 Q And what’s your business, profession or occupation? 22 A I’m the store manager of Dillards Bartlesville. 23 Q How long have you been the store manager at Dillards, 24 Bartlesville? 25 A Since December. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 81 1 Q Okay. Could you tell us what year? 2 A 1990. 3 Q Did you receive a subpoena from our office? 4 A That’s correct. 5 Q Were you asked to bring various documents with you as 6 a result of that? 7 A Time entry records, yes. 8 Q And could you produce for me, sir, the time records 9 that I asked you to bring? 10 A Yes. 11 Q I’m going to ask you, if you would, sir, since you’re re 12 more familiar with these than I am, would you locate for 13 me the time records of Sandra Allen dealing with June the 14 11th of 1990? 15 A Okay. 16 Q And is there any way that we can isolate that one out 17 of your time records? Is that possible, sir? 18 A I can-- 19 Q Is it possible to just tear it out? Let me show you 20 what’s been marked Defendant’s 10, which you just produced 21 for me. Could you identify that for me? 22 A It’s our time entry system weekly hourly report 23 showing the times that the associates clock in and the 24 time they clock out. 25 Q Can you tell me how that works there at Dillards? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 82 1 A Okay. We have a -- it’s a computerized system. We 2 have a time entry system as they walk in the back door, 3 which is the employee entrance, where they then put in 4 their social security number, which is their employee 5 identification number. They clock that number in and hit 6 enter and that logs them in to the time entry system. 7 Q Am I understanding correctly then that they would 8 then punch a time clock when they leave? 9 A That’s correct. The same procedure is used to clock 10 out. 11 Q Can you tell me, sir, what the time record, 12 Defendant’s Exhibit 10, indicates as the time that Sandra 13 Allen clocked out on June the 11th of 1990? 14 A The time on the sheet shows 21:15, which would be 15 9:15 on that evening. 16 Q And did we also ask you to bring the time record on a 17 Mark Spurgeon? 18 A That’s correct. 19 Q Could you produce that for us please, sir? 20 MR. CARLSON: While he’s doing that, Your 21 Honor, we would move admission of Defendant’s Exhibit 10. 22 MR. CORGAN: No objection. 23 THE COURT: Defendant’s 10 allowed. 24 Q (By Mr. Corgan) Let me hand you what’s been marked 25 as Defendant’s Exhibit 11. Can you tell me what that is, DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 83 1 please, sir? 2 A It’s the same time entry document for Mark Spurgeon 3 indicating that he clocked out at 21:24, which is 9:24 on 4 that same evening. 5 Q Is there any particular locations where employees are 6 asked to park there at Dillards? 7 A Currently. I couldn’t speak for a year ago. They’re 8 asked to park in our -- 9 MR. CORGAN: Excuse me. Judge, I’m going 10 to object to the currently. 11 THE COURT: Overruled. You may answer. 12 Q (By Mr. Carlson) You go ahead and answer? 13 A Okay. 14 Q Do you remember the question? 15 A They are parking on the east side of the building. 16 There’s lines demarcating where employee parking is in the 17 parking lot. 18 Q Relative to the vicinity of the building where are 19 they asked to park? 20 A Repeat your question. I’m not sure what you’re 21 asking for. 22 Q Okay. Are they asked to park out away from the 23 building so the customers can park close to the building? 24 A It’s on the outer edge of the parking lot for the 25 eastern side nearest the dock door. DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 84 1 Q Who is Mark Spurgeon? 2 A He’s a suit sales associate in my men’s work center. 3 Q And do you know how long Mark has worked there? 4 A I’m not real sure. 5 Q If you know, sir, has he always worked in suit sales? 6 A That’s correct. 7 Q Did you indicate for me the time on Defendant’s 8 Exhibit 11? 9 A He left at 9:24 that evening. 10 Q I notice that there are obviously various times 11 employees left. For instance, Mr. Spurgeon at 9:24 and 12 Sandra Allen at 9:15. 13 A That’s correct. 14 Q Is that customary? 15 A Yes. 16 Q And what determines that? 17 A The closing procedures at the registers. If -- the 18 number of registers they have to close that evening or if 19 they’re working with a customer late they would be leaving 20 later accordingly. 21 MR. CARLSON: We would move the admission 22 of Defendant’s 11. 23 MR. CORGAN: No objection. 24 THE COURT: Defendant 11 allowed. Any 25 further questions? DISTRICT COURT OF OKLAHOMA OFFICIAL TRANSCRIPT 85 1 MR. CORGAN: Your Honor, I don’t believe I 2 have any questions. 3 THE COURT: Thank you, sir, you’ll be 4 excused. Next witness. 5 MR. CARLSON: I’d call Mark Spurgeon, Your 6 Honor.
LH
2000