0001
 1   
             IN THE UNITED STATES DISTRICT COURT
 2          for the EASTERN DISTRICT OF PENNSYLVANIA
 3   
     EQUAL EMPLOYMENT        : CIVIL ACTION
 4   OPPORTUNITY COMMISSION,
                Plaintiff,     NO. 04-4490
 5   
          vs.                :
 6   
     EASTERN ENGINEERED,
 7              Defendants.  :
 8   ----------------------
 9   
10         Sworn deposition of DONALD E. JENNINGS, Ed.D.,
11   held at the law offices of FREY PETRAKIS DEEB BLUM
12   BRIGGS MITTS, 1601 Market Street, Suite 2600,
13   Philadelphia, Pennsylvania, on January 11, 2006,
14   commencing at 2:00 PM, before ANGELA R. WATERS, a
15   Certified Shorthand Reporter, and a
16   Federally-Approved reporter of the United States
17   District Court for the Eastern District of
18   Pennsylvania, pursuant to notice.
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                 ESQUIRE DEPOSITION SERVICES
23                1600 John F. Kennedy Blvd.
                        12th Floor
24            Philadelphia, Pennsylvania   19103
0002
 1   
 2   A P P E A R A N C E S
 3   FREY PETRAKIS DEEB BLUM BRIGGS & MITTS
     BY:  JONATHAN M. PETRAKIS, ESQ.
 4        1601 Market Street
          Suite 2600
 5        Philadelphia, PA   19103
     (215) 563-0500
 6   
 7   
     CYNTHIA A. LOCKE, ESQ.
 8   U.S. Equal Employment Opportunity Commission
     The Bourse
 9   21 S. Fifth Street
     Philadelphia, PA   19106-2515
10   (215) 440-2683
11   
12   JACKSON LEWIS, LLP
     BY:  JOHN M. NOLAN, ESQ.
13        220 Headquarters Plaza
          East Tower, 7th Floor
14        Morristown, NJ   07960
     (973) 538-6890
15   
     Attorney for Defendant
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0003
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                          I N D E X
 2   
     WITNESS:                     DIRECT
 3   
     DR. JENNINGS
 4   
     BY MR. NOLAN                   4
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 6   
 7   
 8                     E X H I B I T S
 9   
10   JENNINGS-1        Report                 5
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12   JENNINGS-2        Curriculum Vitae       5
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0004
 1              (It has been stipulated and agreed by and
 2   among Counsel that the reading, signing, sealing,
 3   certification and filing be waived; and all
 4   objections, except to the form of the question be
 5   reserved until the time of trial.)
 6                          ---
 7   DONALD JENNINGS, Ed.D., having duly been sworn was
 8   examined and testified as follows:
 9                   DIRECT EXAMINATION
10   BY MR. NOLAN:
11            Q      Good morning, Dr. Jennings -- good
12   afternoon.  My name is John Nolan.  I'm an attorney
13   with the firm of Jackson Lewis.  And we represent
14   the Defendants in this lawsuit.
15                   We're here today to take your
16   deposition to ask you questions about a report that
17   you prepared on behalf of Verne Orth.  The date of
18   evaluation is August 5th, 2005. And the date of
19   dictation is August 29th, 2005.
20                   Have you ever had your deposition
21   taken before?
22     A      Yes.
23            Q      Approximately how many times?
24     A      Over my entire career?
0005
 1            Q      Yes, sir.
 2     A      Over a hundred -- well over a hundred.
 3            Q      Would it be fair to say that you're
 4   fairly comfortable with the process?
 5     A      It would be fair to say I've done it
 6   before, but how comfortable I am --
 7            Q      You're familiar with the process?
 8     A      Yes.
 9            Q      Do you have any question or concerns
10   before we begin?
11     A      No.
12                   MR. NOLAN: I'd like to start by
13   marking your report as Jennings-1.  I will show a
14   copy to both Counsel.
15                   (EXHIBIT JENNINGS-1, Report, marked
16   for identification.)
17                   MR. NOLAN: And then marking your
18   Vitae as Jennings-2.
19                   (EXHIBIT JENNINGS-2, Curriculum
20   Vitae, marked for identification.)
21     A      They're current.
22            Q      Do you recognize both of those
23   documents?
24     A      I do.
0006
 1            Q      Jennings-1 is what, please?
 2     A      The report dated August 29th, 2005.
 3            Q      Jennings-2, please?
 4     A      Is my Curriculum Vitae.
 5            Q      Could you tell me how you first were
 6   retained in this case?
 7     A      I received a phone call in the office on
 8   July 25th and was asked to perform a vocational
 9   evaluation on Mr. Orth.
10            Q      Okay.  I see you're looking at some
11   documents.
12                   Is that file your file in connection
13   with this case?
14     A      It is.
15            Q      Okay. At some point I'd like to see
16   if I can get a copy of that.  Maybe we can get it