Campbell Colquitt v. Casey Hogg

Transcription

Campbell Colquitt
v.
Casey Hogg
Texas High School Mock Trial Competition
2013-2014 Case Materials
Cause No. 13-0169-A
CAMPBELL COLQUITT,
AN INDIVIDUAL
Plaintiff,
v.
CASEY HOGG,
AN INDIVIDUAL
Defendant.
§
§
§
§
§
§
§
§
§
§
§
IN THE LANDRY COUNTY
DISTRICT COURT
CASE MATERIALS
PREPARED BY:
Steven L. Russell, Esquire
Vice Chair, Mock Trial Committee
Jennifer Carroll, Esquire
Vice Chair, Mock Trial Committee
Fred Moss, Esquire
Mock Trial Committee
Stephen W. Gwinn, Esquire
Chair, Mock Trial Committee
Greg Beane, Esq.
James D. Blume, Esq.
Shannon Conway, Esq.
Hon. David L. Horan
Brad Johnson, Esq.
Elise Mitchell, Esq.
Jordan Konig, Esq.
Copyright 2013-2014 Texas High School Mock Trial Competition. All Rights Reserved.
Cause No. 13-0169-A
CAMPBELL COLQUITT,
AN INDIVIDUAL
Plaintiff,
v.
CASEY HOGG,
AN INDIVIDUAL
Defendant.
§
§
§
§
§
§
§
§
§
§
§
IN THE LANDRY COUNTY
DISTRICT COURT
STIPULATIONS OF THE PARTIES
The parties agree and stipulate as to the following:
I.
This is a civil action that will be tried before a jury. Plaintiff, Campbell Colquitt, an
individual, is suing in his/her individual capacity. Casey Hogg, an individual, is the Defendant.
The cause of action on which Plaintiff is going to trial is a claim for compensatory and punitive
damages based on the theory of defamation, specifically, Defendant published a statement about
Plaintiff which was defamatory and false. This will be a bifurcated trial. The parties will only
try the issue of defamation. Should the Defendant be found liable, there will be a separate trial
on the issue of damages at some future date. Monetary damages are, therefore, not at issue in
this trial and are not to be argued.
II.
There are no defects in the pleadings. Defendant has properly appeared and answered.
The court has both subject matter and in personam jurisdiction over the parties. All questions of
fact are being submitted to a jury. Questions of law will be decided by the court.
III.
All exhibits included in the case materials are authentic and are accurate copies of the
originals. No objections to the authenticity of the exhibits will be entertained. The only
exhibits to be used at trial are those included in the case packet. The signatures on the witness
statements and on all other documents are authentic. Each witness has personally typed their
own statement. Exhibits 1 and 2 have been on file for the required amount of time with
foundational affidavits. Exhibit 3, the space plan for the HOPco corporate offices, was admitted
into evidence at the pretrial hearing and may be used by either side. The interior facing walls of
the window offices (i.e., the walls that face the cubicles) are made of glass and have no blinds or
curtains.
1
STATEMENT OF STIPULATED FACTS
Page 1 of 3
IV.
Campbell Colquitt, Dr. Z. Sayers Stockdale, and Sterling Hobby are to testify on behalf
of Plaintiff. They may not testify for or be called on behalf of Defendant. Casey Hogg,
Ferguson Shivers, and Burnet Allred are to testify on behalf of Defendant. They may not testify
for or be called on behalf of Plaintiff.
V.
Plaintiff must establish the following elements by a preponderance of the evidence. To
sustain the burden of proof, Plaintiff must prove that Defendant published a statement of fact
referring to Plaintiff which was defamatory and false. The following are elements of the
defamation claim:
1.
That on April 8, 2013, Defendant published a statement of fact.
2.
The statement referred to Plaintiff.
3.
The statement was defamatory.
4.
The statement was false.
5.
With regard to the truth of the statement, Defendant knew the statement was false;
and
6.
Plaintiff suffered pecuniary injury.
Elements 2, 3, 4, and 6 are not in dispute.
VI.
The following instructions will be submitted to the jury:
The occurrence in question made the subject of this lawsuit is an occurrence that
happened on or about April 8, 2013.
The term "preponderance of the evidence" means the greater weight and degree of
credible evidence admitted in this case.
The term “negligence” means failure to use ordinary care, that is, failing to do that which
a person of ordinary prudence would have done under the same or similar circumstances or
doing that which a person of ordinary prudence would not have done under the same or similar
circumstances.
2
Page 2 of 3
The term “defamation” is a statement expressed in written or other graphic form that
tends to injure a living person’s reputation and thereby expose the person to public hatred,
contempt, ridicule, or financial injury.
VII.
The Charge of the Court is accurate in all respects, and no objections to the Charge will
be entertained.
VIII.
The following issue will be submitted to the jury:
QUESTION NUMBER ONE:
Did Defendant, Casey Hogg, publish a statement of fact referring to Plaintiff, Campbell
Colquitt, which was defamatory and false?
Answer “Yes” or “No”.
_______________________
3
Page 3 of 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
4
FACT STATEMENT OF CAMPBELL COLQUITT
My name is Campbell Colquitt. I live in Patterson, Texoma. I moved here after I went to
Texoma Tech, where I got a degree in Mechanical Engineering. I have had a few jobs since I
graduated, but have worked the longest at HOPco, where I work in Quality Control. HOPco is a
very old company. It began in the 1890’s when it made those wooden, hand-held, stereoscopic
picture viewers that you now see in antique stores. We produce other optical products such as
microscopes and telescopes, but they are best known for stereoscopic, 3-D picture viewers. The
latest and hottest product the company supports is Orange Computers’ MeGoggles, which
compete directly with Google’s “Glass.” HOPco provides the lenses and other components for
the MeGoggles. It is a voice-controlled mini-computer in the frame of the MeGoggles that can
record what is seen by the wearer and can access the internet and various “apps” via Wi-Fi and
display them on the inside of the lenses. It is a very cool product and HOPco is very proud of
their contributions to its success.
I worked in the quality control department at HOPco for about 9 years up until May,
2013. Quality control makes sure products that go into MeGoggles pass the quality tests required
by Orange Computers and by government regulations. It is an important job and if it isn’t done
correctly, HOPco can get sued or lose Orange Computers’ business. I took my work very
seriously. Sometimes I got into it with Casey Hogg, another engineer in the QC department,
because of work issues. Not everyone in the department felt as strongly as I did about making
sure our products passed the QC tests. Sometimes Hogg would say a product had passed the QC
test when it had not. In fact, Hogg did that all the time, and whenever I said something about it,
Hogg would make fun of me and ridicule me to our co-workers.
In March or 2013, during my kids’ spring school break, my family and I took our first
real vacation in several years. We went to Central America, camping off the coast of Honduras
on the Cochinos Cays, you know, in the jungle. I took this vacation against my better judgment.
Early that month, my supervisor, Judy Yarbro, announced her retirement as of March 27, which
was the last day of my scheduled vacation. I would miss the opportunity to be at work during her
last week. But we had scheduled this trip over a year earlier, and it was paid for – and nonrefundable. My family expected to go, so it was just not an option to cancel. Some of my former
co-workers have commented that my being gone at that critical time was the major reason I
didn’t get Judy’s job, but I strongly disagree.
Judy had been with HOPco for 40 years. I was her logical successor based on my
qualifications and years of experience. She said that her supervisor planned to begin interviews
in March, which was during my vacation. The timing was just unfortunate. I don’t think my
being gone would ultimately result in Casey Hogg, of all people, getting Judy’s position. The
real reason is that Casey Hogg slandered me at work. This is the reason I lost the promotion and
have sued Hogg.
Page 1 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
5
I had never really been out of the country before, so I was careful to get all the necessary
inoculations. Luckily, I did not get sick while on vacation, but I did get a pretty terrible sunburn,
which blistered up on my arms and shoulders mostly. We returned from Honduras on March 27
and I went to work the next day with lots of pictures and stories – and my sunburn -- about my
trip. I had a scheduled interview for Judy's position that afternoon. About an hour into that
interview, I began not feeling very well. I spent most of the afternoon in the restroom. I thought
it was just “Montezuma’s Revenge” from forgetting to use the bottled water all the time. But I
kept getting worse, so I went to my doctor, Dr. Z, the next day. My symptoms were stomach
ache, vomiting, and well, you know, diarrhea. Even though I had been given all the shots, Dr. Z
suspected that maybe I had gotten something during my trip. Dr. Z took blood and urine to check
for tropical diseases. Many of the people at work knew I wasn’t well, and I missed a couple of
days of work. I told HOPCo that I had a stomach bug.
About three days after that, on April 1, when I was just about ready to return to work, I
got a call from Dr. Z telling me that I had a rare and really terrible tropical respiratory infection
called Seeliasis. It could be fatal if not treated quickly. Dr. Z asked me to return to the office
right away to start treatment. When I got to the doctor’s office, I was ordered to go home and
basically quarantine myself. I was supposed to return in a week, or sooner if skin lesions started
to appear. I went straight home, really scared and upset. I called my friend at HOPco, Sterling
Hobby and explained a little bit. I said I would be out for a few days, and made the mistake of
disclosing the Seeliasis diagnosis. I begged Sterling not to tell anyone. I was really afraid of
what the others at work would think, and that getting sick right now would hurt my chances for
the promotion. You can’t imagine how depressed I was.
I stayed home for 4 days, until Friday, April 5, when I got a call from Dr. Z . Thankfully,
the lab had made a mistake. I did not have Seeliasis, only a stomach infection called Shigellosis
that could be treated with antibiotics. Dr. Z prescribed an antibiotic and lots of fluids. I picked
up my prescription, went home, and within a day was feeling much better. Although I was pretty
weak and looked pretty bad, I was able to go back to work the following Tuesday, April 9.
When I returned to work that day, I noticed that everyone was treating me very
strangely. No one would come into my office. No one would even come near me, except Casey
Hogg. Hogg came in, welcomed me back and said that the “word” was that the bosses were
about to announce Yarbro’s successor, and wasn’t it too bad that I had been out of the office so
much. Even my best friend Sterling didn’t come by my office. I tried to invite a couple of
people to go to lunch, and no one would accept.
Later that afternoon, I checked “eHop,” the online staff bulletin board. I had not looked at
it since I got back from my trip. I was just stunned, shocked really, to see a post there from
Casey Hogg dated April 8 stating that I had been diagnosed with Seeliasis, describing it in detail,
Page 2 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
explaining how I had become infected, and that I was dangerous to be around. I had said nothing
to anyone about my visits to Dr. Z, my blood tests, or the erroneous diagnosis except for one
person, Sterling. I had not really given any details in that conversation, just a few pieces of
information, certainly not all the information that was now on eHop, for everyone to see. I did
not know what else to do but to send my own posting to eHop saying that the Seeliasis diagnosis
was wrong, that all I ever had was “Montezuma’s Revenge,” that I was completely well now,
and that I was never contagious.
After I sent out my eHop posting, Sterling did come to my office to apologize for
avoiding me, but denied knowing anything about who sent the false eHop posting. After that,
Sterling was really my only work friend. No one else would have anything to do with me. No
matter what I said about not having Seeliasis, about the diagnosis being incorrect, about the
doctor calling back and giving me a different diagnosis, about being on antibiotics - nothing
would change the way I was treated. I got to where I could hardly go to work. I was so
depressed. I could not sleep or eat. I began to lose weight. I was still doing my work, but I was
barely hanging on.
Casey Hogg and I were competing for the same promotion, Manager of the QC
department. Sterling was also up for the job. I actually thought that if I did not get the job,
Sterling would have been a good choice and probably I could have worked for Sterling as my
manager. I had more seniority than Sterling and more experience overall, but Sterling had some
managerial experience in previous jobs that I did not have. Casey Hogg was clearly the least
qualified of the three of us.
I have nothing more to say about this at this time.
Campbell Colquitt
27
28
29
30
31
32
33
34
35
36
37
38
6
CAMPBELL COLQUITT
SIGNED AND SWORN TO BEFORE me the undersigned authority on this the 3rd day of June,
2013.
Dottie Saver
Notary Public in and for the State of Texoma
My commission expires:
April 15, 2018
Page 3 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
7
ADDENDUM TO FACT STATEMENT OF CAMPBELL COLQUITT
I know that Fergie Shivers claims to have seen Sterling Hobby send the eHop Seeliasis
post. I don’t believe it. Sterling denied doing it. Although Sterling was in the running for the
promotion too, Sterling was my friend and told me that I should get the job. I believe Sterling.
Also, Fergie is very tight with and beholden to Casey Hogg, so Fergie has plenty of reasons to
try to protect Casey. Hogg is Fergie’s supervisor, so Fergie’s possible pay raises and promotions
depend upon Hogg’s job evaluations. Also, they are “darts buddies.” A couple of times every
week they go to some pub or tavern and compete in darts matches. Hogg is into darts big time. It
is all Hogg and Casey talk about at work (which drove me crazy).
As for our computer passwords at HOPco, we really didn’t know each other’s passwords.
For example, I never gave mine to anyone in the QC department; I didn’t know anyone else’s,
except perhaps for Sterling’s, but that was a unique situation. Sterling got sick one week around
the first of the year and needed some information off of the server. So, Sterling called me and
gave me the password so I could access the file and retrieve the information. Actually, the old
password policy was a problem for some. We had to change our passwords – which could be at
least 4 letters or digits – every two weeks. They changed so often that some had trouble
remembering them. So, some workers wrote their password down and put it in or about their
desk. I don’t know if Hogg did that. I certainly never knew Hogg’s password or if it was kept
around the desk. Since the slanderous Seeliasis posting, HOPco has increased its computer
security. We all must use “strong” case-sensitive passwords (minimum of 8 characters made up
of numbers, letters and punctuation signs, with at least one capital letter, and they must be
changed every three months).
I did not get the manager of QC position. The false Seeliasis eHop posting pretty much
took me out of the running. The position went to Casey. So, I sued Casey for defamation and
intentional infliction of emotional distress. My reputation in the QC department had been
destroyed. No one would speak to me or work with me. I had no friends and was spending all my
time alone in my office. If I told someone to do something, they just walked away from me as
fast as they could. I also could never work under Hogg, a person for whom I had zero respect. I
had no choice but to ask for a transfer. I was transferred to another department where I work on
engineering designs for HOPco toy products. I have no seniority in the new department and it
will be years before I will be considered for another managerial position. I am also in counseling
and taking prescription medications that I have never had to use before just to cope with this
situation at work. I still have trouble sleeping and eating. As for my family, I’m sure I’m not
very pleasant to be around now. In short, Casey Hogg has ruined my life.
Page 4 of 5
1
2
3
I have nothing more to add about this horrible, life-changing event.
Campbell Colquitt
4
5
6
7
8
9
10
11
12
13
8
CAMPBELL COLQUITT
SIGNED AND SWORN TO BEFORE ME the undersigned authority at on this the day
of trial.
Penny Forethought
April 15, 2018
Page 5 of 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
9
FACT STATEMENT OF DR. Z. SAYERS STOCKDALE
My name is Dr. Zamack Heusler, but pretty much everyone calls me Dr. Z. I am a
medical doctor with a family practice in Throckmorton, Texoma. I am originally from St.
Petersburg, Florida. After high school, I moved to Texoma and attended Texoma Tech
University. My original major in college was petroleum engineering, but a bout of Giardiasis
after a spring break backpacking trip to Big Bend National Park my sophomore year got me
interested in infectious diseases in general and parasites in particular. I changed my major to
biology, with a concentration in parasitology. Many folks do not know that humans are hosts to
several hundred species of parasitic worms and many species of protozoa. I found this all, well,
intriguing. I applied to medical schools during my junior year of college and was admitted to
Southwest Texoma Medical College. Although I remained interested in parasitic diseases, I
discovered during medical school that my real calling was family medicine. After graduating
med school, I did a family medicine residency here in Russellville and was later board certified
in family medicine. I joined an internal medicine practice group and have had a family medicine
practice now for over 15 years.
My medical office is close to the corporate offices of HOPco. Although physicians are
bound, both legally and ethically, to maintain the confidentiality of information about their
patients, I was asked by one of my patients, Campbell Colquitt, to give this statement. Campbell
works for HOPco and has been one of my patients for some years. Campbell came into my
clinic on March 29, 2013, complaining of stomach cramps, vomiting, and diarrhea. Campbell
also had some oozing on the lateral sides of both upper extremities and shoulders. I examined
Campbell and took a history. I learned in the history that Campbell had just returned from a
family vacation in the rain forest of Honduras. I suspected that Campbell’s gastrointestinal
symptoms were probably a mild form of traveler’s diarrhea, most likely caused by an E. coli
infection from drinking un-sanitized water, but I wondered if it might be Giardiasis, the disease
that set me on my path to medical practice, or Cryptosporidiosis, another infection commonly
seen after foreign travels. To rule out these and other possible infections, I ordered some
diagnostic tests and asked Campbell to go to the lab for blood and urine sampling. I told
Campbell that results would take a few days, possibly a week, and in the meantime to stay home
from work, drink plenty of fluids, and get some rest.
On April 1, 2013, I received the lab results. I was quite surprised to learn that Campbell
apparently had Seeliasis, a relatively rare tropical disease caused by drinking water contaminated
with the enterotoxigenic Seelhoffia bacteria. Seeliasis is most often associated with visitors to
less developed countries. Generally, the inhabitants of the tropical countries where the
Seelhoffia bacteria are found develop resistance to it. Seeliasis can be quite serious as the
bacteria produce enterotoxins that can cause multisystem organ failure. Mild cases can be
limited to the kinds of gastrointestinal symptoms seen in more common forms of traveler’s
FACT STATEMENT OF DR. Z. SAYERS STOCKDALE –
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
10
diarrhea, but severe cases can involve heart, lung, and/or kidney failure. A hallmark sign of
Seeliasis is weeping blisters on the skin that appear anytime between three to fifteen days after
the initial exposure. The disease has a respiratory component and, as a result, is highly
contagious, with aerosol spread of the bacteria from coughing. Treatment options are available,
but expensive and limited.
Although I had heard about Seeliasis in my undergraduate studies of parasitic diseases
and in a tropical disease course I took in med school, I had never seen a case of it in my medical
practice. In fact, there had not been a confirmed diagnosis of Seeliasis in the United States in
over 30 years! Because the disease is so serious, contagious, and deadly (and because it’s cool,
frankly), I had lab samples sent by overnight delivery to the Centers for Disease Control in
Atlanta, Georgia so they could confirm the diagnosis and recommend treatment options. In the
meantime, I called Campbell to relay the preliminary diagnosis. I explained the Seeliasis
diagnosis and asked Campbell to return to the office to start treatment. Campbell came in an
hour later and I had my nurse administer an injection of a potent anti-bacterial agent. I gave
Campbell a prescription for ten days of oral antibiotics and instructions not to return to work
until further notice from me. Finally, I told Campbell to call my office immediately in the event
of onset of a high fever, onset of respiratory symptoms or if the GI symptoms worsened.
We received results back from the CDC on April 5. Although I see so many patients and
generally do not recall details of their treatment without reviewing the chart, I remember quite
well getting these lab results. I was standing at the front reception desk talking to my nurse
about a medication refill request when Yuri, one of the lab techs, came running down the hall.
Yuri can be a little excitable, but he seemed even more amped up than normal for him. I
remember him running towards me, waving a piece of paper and yelling “Dr. Z.! Dr. Z.! We
just heard from the CDC! Campbell does not have Seeliasis! It’s Shigellosis!”
This was good news. Like Seeliasis, Shigellosis is a gastrointestinal infection. It is
caused by the Shigella bacteria and is common in travelers to less developed countries. Like
Seeliasis, it is generally contracted by drinking contaminated water. Unlike Seeliasis, the good
news is that Shigellosis is pretty much self-limiting, meaning it generally goes away by itself
after a few days. Treatment usually consists of replacing fluids. I immediately called Campbell
to pass on the good news and to say it was OK to return to work "as soon as you feel up to it"
(but to practice good hand washing). I told Campbell to call me if needed.
After speaking to Campbell, I then chastised Yuri for broadcasting confidential patient
information in our reception area. The last thing I need is another HIPAA complaint.
By coincidence, Casey Hogg, another HopCo employee, was in the reception room when
Yuri blasted the CDC news. I was interested in talking to Hogg about a recent darts match I had
Page 2
1
2
3
4
5
6
7
8
been involved in and was disappointed to learn that Hogg had a family emergency and had left
the office. I do not know if Hogg heard Yuri talking about Campbell, but I do recall seeing
Hogg leave the office and telling my receptionist that something had suddenly come up,
requiring the Hogg's appointment to have to be rescheduled. I didn’t think much of it at the time,
as I had a waiting room full of other patients to see.
That’s all I remember about this incident.
Z. Sayers Stockdale
9
10
11
12
13
14
15
16
17
18
19
20
11
Z. Sayers Stockdale, MD
SIGNED AND SWORN TO BEFORE me the undersigned authority on this the 11th day
of June, 2013.
Dottie Saver
April 15, 2018
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
ADDENDUM TO FACT STATEMENT OF DR. Z. SAYERS STOCKDALE
Although I can’t say for sure, since I was so distracted with Yuri’s imprudence, I think I
may have seen the other HOPco employee I mentioned talking on a cell phone on the way out of
my office. I can't remember who that might have been, though. I can't even remember a general
description…
On an interesting side note, in October of 2013, I happened to be recruited to Selama in
Malaysia by Doctors Who Ignore International Borders to investigate a possible outbreak of
Seeliasis. When I got there, after over 36 hours of travel by plane, train, bus and ox cart, I was
excited to encounter the actual outbreak of the disease!
Z. Sayers Stockdale
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
12
Z. Sayers Stockdale, MD
SIGNED AND SWORN TO BEFORE me the undersigned authority on this the first day
of trial.
Penny Forethought
April 15, 2018
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
13
FACT STATEMENT OF STERLING HOBBY
My name is Sterling Hobby. I live at 1600 Pennsylvania Avenue, Hematite, Texoma. I
am married and have 2 kids. I got a degree in Electrical Engineering from Nita State ten years
ago.
I have worked for HOPco for 8 years. I am in the Quality Control (QC) department, and I
used to love it here. I made friends with almost everyone in the office and we had the best time.
Every morning before work, a group of us would hang out in my office and shoot the breeze. We
would tell stories about what was going on in our lives, both at home and at work. I would talk
about my kids’ baseball games, the trips my family went on, and things like that. We engaged in
some office gossip, too. But then Judy Yarbro, our department manager, would come around
about 9:00 and everyone would run back to their desks and get back to work.
Early in March, when Judy decided to retire , things certainly changed around here.
Things got tenser and we lost the sense of camaraderie. I decided to apply for the QC Manager
position, Judy’s old job. After all, I have been here for 8 years. I am good at my job and
everyone seems to like me.
I found out over the next couple of weeks that Campbell Colquitt and Casey Hogg both
applied for the job as well. Campbell is one of my best friends. Campbell's office was next to
mine and we would talk pretty much every day. I have met Campbell’s spouse as well as their
kids. They are a great family. Campbell is an accomplished, dedicated worker, too. Campbell
and I worked well together. If I was not going to get the promotion, I would have been excited to
work for Campbell. I didn’t think Jester was as qualified as either of us. Plus, I have heard a lot
of stories about Jester Hogg. I heard that Hogg has an attitude problem and is not liked by a lot
of people in our department. I have heard that Hogg is really sneaky and will do anything to get
ahead, and have seen it for myself recently. People have also told me that Jester will take credit
for other people’s work, and talk behind coworkers’ backs. Campbell and I really do not care for
Hogg, and Hogg definitely despises Campbell. I have heard them in screaming matches,
especially when Hogg took credit for Campbell’s 3rd quarter TPS report, although it had the
wrong cover sheet. I have heard that Hogg has said untrue things behind my back, but I haven’t
confronted Hogg about it. Hogg’s only friend at work is Ormolu Shivers. They get together once
a week and play in a darts league, and seem pretty tight at work. Also, Hogg is Shivers’s boss
and is responsible for Shivers's performance evaluations.
In March, I started working extra hard, being the first one in the office and the last one
out. I wanted the vice president to see that I was working harder than anyone else, and that I
deserved the promotion. Of course, our group kept talking during the mornings, but fewer people
were coming around. Although I was competing against Campbell and Hogg for the job, I was
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
14
still friendly. Campbell and I, especially, remained on good terms. One morning, Campbell told
me the family was going to Central America in late March for a vacation. I thought it was
strange that Campbell decided to go on vacation while we were competing for the promotion.
Especially to Central America, since there are some crazy things going on there. But, I thought it
may give me an advantage for the Manager position.
Campbell got back from Central America on March 28. Campbell looked horrible,
covered in these disgusting blisters that were oozing. Also, Campbell was losing weight and was
going to the restroom often. I asked what was wrong and was told it must have been
“Montezuma’s Revenge” from camping in the jungle. I told Campbell that I hoped everything
was OK.
Campbell called in sick for the next few days, and I didn’t hear anything more. Then, on
April 1, Campbell called me and said the doctor identified some disease called Seeliasis and that
Campbell got it on the trip to Central America. The doctor said it could be very serious. I thought
it was an April Fool’s joke, but Campbell insisted it wasn’t. Campbell told me not to tell anyone
(mainly because of the promotion) and I gave my word I wouldn’t. After all, Campbell told me
about the disease in confidence. Campbell would be out for several more days, and I just told
everyone at the office Campbell had a stomach bug.
The next day, I looked the disease up on Google. It was absolutely horrifying. Although I
thought Campbell’s illness may help my chances of getting the promotion, I felt horrible for
Campbell. I was also worried about the fact that Campbell had come to the office, since Seeliasis
is highly contagious. I didn’t want anyone else in the office to catch it (especially me). Although
I had a lot to do, Seeliasis was all I could think about. After I read about how contagious the
disease is, I immediately went around the office and tried to disinfect it. I grabbed a bottle of
cleaner and a rag and went to every area I could think of where Campbell had been. I admit,
sometimes I get carried away with cleaning, and this is not the first time I have tried to disinfect
the office. I guess you could call me a germophobe I even tried to organize a disinfecting party
by posting on the eHop. You should have seen me scrub every inch of the office a couple of
years ago during flu season. I have sought treatment for it and now wear the germ necklace, like
all recovering germophobes. However, I couldn’t take any chances. I cleaned everyone's desk,
including Jesters's desk. Even though Hogg and I don’t always see eye-to-eye, I wouldn’t wish
Seeliasis on anyone, so I cleaned Hogg's desk while no one was there. I am pretty sure I cleaned
the desk on the 5th, but it might have been the 8th. I'm just not sure.
I was absolutely shocked to see the posting on eHop. I knew Campbell would be upset if
the whole company knew Campbell had Seeliasis. I'm not surprised at all that Jester was the one
who posted it, as that is exactly something Jester would do. After the posting, Campbell was the
talk of the whole office. People did not want to be anywhere near Campbell. I didn't tell anyone
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
about Campbell having Seeliasis before the eHop posting. I discussed it with people after the
posting, you know, to organize the cleaning parties.
The day after the posting, I finally saw Campbell back in the office. I wanted to go say hi,
but I was still scared to get sick. After I saw Campbell’s post on eHop stating that the Seeliasis
diagnosis was a mistake, and that it was just Montezuma’s Revenge, I went to Campbell’s office
to apologize for avoiding Campbell.
A few days later, the company announced that Hogg got the promotion. I was so angry
that Jester got the job after that dirty trick. Hogg even got Shivers to say that I sent out the post. I
can’t believe someone would lie like that. I was also sad to see the horrible things that happened
to Campbell. After the promotion was announced, Campbell was devastated. Campbell is a
changed person. Campbell is under a doctor’s care for depression. Ultimately, Campbell
transferred to another department. Campbell just couldn’t take it anymore. Meanwhile, Hogg is
the new QC manager and is just horrible. I hope Hogg gets what's coming.
This is all I have to say on this matter.
Sterling Hobby
20
21
22
23
24
25
26
27
15
STERLING HOBBY
SIGNED AND SWORN TO BEFORE ME the undersigned authority on this the 18th
day of
July
, 2013.
Galena Wolfram
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ADDENDUM TO WITNESS STATEMENT OF STERLING HOBBY
Oh yeah, I forgot to talk about the computer passwords at HOPco. I think the system we
had before was fine. I trust the people I worked with (except Hogg and Shivers), and have never
seen anyone on someone else’s computer. No one else would do that. In fact, very few of us even
knew anyone else's passwords. Once I called in sick and told Campbell what my password was
so Campbell could find some information I needed on my computer, but otherwise we didn’t
know each other’s passwords. I certainly did not know Hogg’s password. It is true that they have
tightened up computer security at HOPco after the false eHop posting that torpedoed Campbell’s
chances of getting the promotion. I’ll admit that it is better than it was before, when the
passwords had to change every two weeks. It made it hard to remember what your current
password was, and that caused some co-workers to write down their new password and keep it
around their computer. However, as I said, I never saw or learned Hogg’s password, let alone on
April 8 when the false eHop posting was made.
Hogg has said that Hogg ran into me on the morning of April 8 just after 10:00 a.m. as
Hogg was going into the employees’ lounge at work. The lounge is near the restrooms, so I guess
that is possible, but there is no reason I would remember that. So, no, I don’t remember it
happening. However, I can say for an absolute certainty that Shivers is either lying to protect
Hogg or is mistaken when Shivers says I was at Hogg’s computer around 10:00 that morning. I
was not. I don’t recall where I was or what I was doing (why should I?), but I know I did not
post that false eHop note about Campbell. As I said, I had been at Hogg’s computer disinfecting
it. Shivers may have seen me then, but that was before the false message was posted.
Oh, and I did ask Bernie Allred about the stuff I saw on "43 Minutes," but I was really
just kidding around. I don’t care if HopCo has the ability to watch us or not. Now, I'm done
testifying.
Sterling Hobby
29
30
31
32
33
34
STERLING HOBBY
SIGNED AND SWORN TO BEFORE ME the undersigned authority on this the day of
trial.
Penny Forethought
35
36
37
38
16
April 15, 2018
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
17
FACT STATEMENT OF CASEY "JESTER" HOGG
My name is Casey Hogg, but everyone calls me "Jester." I got that name in 4th grade
when I played the part of a court jester in a play and I guess the name literally stuck. I am 46
years old, and live in Sudbury, Texoma. I am not married, and live alone at the moment. Aside
from being very good at my job at HopCo, Inc., I am an excellent darter, playing on a local team,
the Forneytown Fletchers. We are the current league champions, and likely to win again this
year. My nickname on the team is “Matador”, because I can hit the bullseye so often. Several
other HopCo employees are on the team with me, including my good friend Fergie Shivers.
Some of the dart people call me Matador Jester,…
I have worked in the Quality Control department at HopCo for several years, and was
recently promoted to supervisor in that department despite some serious competition from other
members of the department. I am completely qualified to take on the role of supervisor, having a
Master’s Degree in Project Management from Garsquite Regional Institute (GRIN) along with
my technical certificate from Balch Electronics and Radionics Institute (BEaRIT). I have worked
in every area of QC at HopCo, starting out as a supply clerk while I was still getting my technical
training. I briefly worked in the IT Support section to learn about how HopCo’s computer system
supported the QC program, and then, once I got my certificate, I moved directly into being a QC
inspector for several years. I have been involved in inspecting and testing every product line
HopCo currently produces, and I am proud to say that for the last five years we have been below
the industry average in complaints about our product quality and consistency.
During the management’s process of selecting the new QC supervisor, I was asked to
review and explain complaints that had been previously made about my own work as a QC
inspector, and whether I had passed products that should have been flagged for further
examination and possible reworking. I believe that I clearly explained and defended each of
those product evaluations, and apparently management was satisfied with my explanations, since
they ultimately gave me the promotion. I did not mention this during the management interviews,
but I believe that some of those inaccurate reports about my performance were made by
Campbell Colquitt during a time we were having some rather heated disagreements about how to
interpret some of the testing results we were getting from the Radionics and Nonintegral Digits
Onsite Meter (RANDOM). I felt, and still feel, that the results we get from that equipment are
reliable, but Campbell thought I was being sloppy by not correlating the RANDOM results with
the Digital Analysis Turing Array (DATA), and Campbell apparently reported that I was not
doing my job properly. We argued about this between ourselves for quite some time, but
eventually we came to an agreement about how to use the RANDOM/DATA results in the future
and that was, I thought, the end of that,…
FACT STATEMENT OF CASEY HOGG
Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
18
In March of 2013, HopCo QC Department Lead, Judy Yarbro, announced her pending
retirement. While all of us in QC were sad to see her go, I saw this as my opportunity to advance
my career, so naturally, I applied for her job. I was not surprised when Campbell was one of my
competitors for the QC supervisor position. I respect Campbell’s work, and, frankly, would have
been surprised if Campbell was not on the selection “short list.” I was puzzled when Campbell
decided to go on a vacation out of the country during the supervisor selection process, because I
thought it would be a good idea to be instantly available for any short-notice interviews, but I’m
sure there were good reasons for that decision.
I remember Campbell returning to work at the end of March. Campbell did not look well
at all. Between the massive blisters and sores, Campbell looked like something out of a horror
movie. I mean, it was hard to even look. Campbell did not complain of nausea or any other
internal issues, and so I initially didn’t think any more of it.
Then, the following week, Campbell didn’t come into work. Everybody in the QC office
assumed that Campbell was ill from the trip,… The morning of April 8, I was at work, at my
desk as usual. Around 10am or so, I just went to the employee lounge with the Texoma Tattler
(a gossip magazine that is a weakness of mine) for a coffee break. On my way into the lounge, I
passed Sterling Hobby, who made a joke about my taste in literature. I was away from my desk
for about 20 minutes, and when I came back, I’m sure the workstation was locked, because I had
to log back in. Besides, my workstation locks automatically after 5 minutes.
Imagine my shock when I logged onto eHop and saw a posting about Campbell having
Seeliasis. And imagine my further shock when I realized that that the posting was from my
account! I know it’s hard to believe, since the post originated from my computer, but I did not
write it! I immediately called Human Resources and made them lock the thread. I never made
that posting,… I only heard about the diagnosis after my colleagues started gossiping about it
after the post!
I remember very clearly my reaction, because I had a very dear aunt who died from
Seeliasis when I was fifteen years old, and it made a huge impression on me. I remember
visiting her in the hospital, and not even being allowed to enter her room because they told me
the disease was so dangerous to come in contact with. I watched the nurses and doctors put on
full-body protective suits and gloves before they went in her room, and how careful they were to
make sure that everything coming out of that room was placed in double biohazard bags to be
incinerated. I was able to see and talk to my aunt on closed-circuit television, and the damage the
disease did to her before she died still gives me occasional nightmares. I was terribly sad to hear
that Campbell had such an awful disease, but I also was extremely fearful of being anywhere
near Campbell and couldn’t understand why the doctor hadn’t hospitalized and isolated
Campbell immediately. I thought maybe medicine had progressed enough in the 30 years since
Page 2 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
my aunt died that they didn’t need to do things that drastic anymore, but I didn’t want to take any
chance of getting such a disease.
I was incredibly relieved to hear that the initial diagnosis had been wrong, and that I no
longer had to use disinfectant wipes on everything Campbell touched near my workstation. Of
course, I was also relieved that the QC section would not be losing such a valuable employee.
I absolutely did not make that post myself, even if it did appear to come from my
computer. I have no idea who would have done this, but as I said, our department is pretty
compact; the workstations are close together, and it’s often easier to just use whatever computer
is closest at hand instead of walking all the way across the room to use your own computer.
Nobody in the office, including me (until this came up), has been very concerned about computer
security. We were supposed to change passwords every two weeks, and so some people were
taping their passwords to their monitors or keeping them somewhere else near their computers.
Nearly everybody in the office knew everybody else’s password, and if somebody did change,
they always changed to something simple we all could guess in about two minutes. When that
post about Campbell was done, my password was “DaRtS”. I sometimes forgot my password, so
I wrote it on a sticky note, and put the note underneath my mousepad,… Exhibit 4 is a picture of
the bottom of my mousepad. I always lock my workstation when I leave my desk, so I’m pretty
sure I did that morning when that post was made.
I guarantee that as the new supervisor, I am going to make sure the entire QC staff is
better educated about computer security, and I will enforce the new rules about high-security
passwords. I will definitely be working with my contacts in the IT department to make sure there
won’t be another incident like this one.
Casey Hogg
28
29
30
31
32
33
34
35
36
37
38
19
CASEY HOGG
SIGNED AND SWORN TO BEFORE ME the undersigned authority on this the 5th
day of August, 2013.
Jumpy Gathers
April 15, 2045
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ADDENDUM TO FACT STATEMENT OF CASEY "JESTER" HOGG
I did have a routine annual physical scheduled with Dr. Stockdale for Friday, April 5th,
but I didn’t think it was that important,… I was unable to stay for that appointment because I got
a call that my grandmother, the one who lost her daughter to Seelialis, had broken her hip, and I
went to visit her in the hospital. I don’t recall overhearing anything said by the doctor's staff
concerning Campbell Colquitt or any other patient. There were lots of people in the waiting
room that day, and my mind was on Nana B. I am sure that there was way too much noise for
me to have heard anything clearly that day.
Dr. Stockdale is my primary care physician. The doctor's office is pretty close to our
facilities and Dr. Z (that's a nickname) is on HopCo's insurance plan. I guess lots of us use Dr. Z
as our PCP, and Campbell is also a Dr. Z patient. I have seen Campbell in the waiting room on
more than one occasion.
I have nothing more to add.
Casey Hogg
18
19
20
21
22
23
24
25
26
27
28
29
30
20
CASEY HOGG
trial.
Penny Forethought
April 15, 2018
Page 4 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
21
FACT STATEMENT OF FERGUSON "FERGIE" SHIVERS
My name is Ferguson Shivers, but I prefer to be called "Fergie." I live at 217A Baker
Road, Pentland, Texoma, in a moss covered, 250 year old brick house. I’m about 3 miles from
town, just past the creek, about 500 yards past the oak tree on the south side. You can’t miss it.
I live with my spouse of 13 years, give or take… We have two children, Jules, 10 and Verne, 8.
I graduated from Pentlandite High School (Home of the Fighting Isotopes!) in 1999. I
attended Crane-Carroll Junior College from 1999-2001. I received my associate’s degree in
mathematics, with a minor in interpretive dance. I’d intended to pursue my bachelor’s degree,
but I was denied admission to the Julliard dance program. I briefly considered pursuing the math
thing, but figured why spend the money on a useless degree I would probably never use? What’s
the use in that? I have worked for Hopco, Inc. since 2001. I started in the mailroom delivering
mail and packages to Bldgs A-G, on the campus. I felt that this was the best use of my
education, given the excellent condition of my legs from all that dancing.
During my time at Hopco, I made regular deliveries to the QC department. That is where
I met Campbell Colquitt, Sterling Hobby and Casey Hogg. At first, I honestly had no clue what
they were up to in that department. After a while, it appeared that they were testing stuff that
Hopco made. They had all kinds of fancy testing tools and gadgetry. It looked like a lot of fun.
I entered the department one day, and they were testing a circuit board. The testing was
revealing some kind of defect that they appeared unable to solve. There was a fault in the
algorithm, and they appeared stumped. I looked at the equation they were trying to resolve. I
was able to work through the solution in about 15 minutes. I then shared with them my
interpretive dance of Pi. It has just over 3 steps per part and lasts just over 3 minutes long, and
none of the steps repeat. That totally blew their minds.
About a week later, I got a call from Casey Hogg. Casey was part of the QC team that
I’d helped. Casey asked if I would like to join the QC department. Casey said discussions had
already occurred at higher levels about my insight and natural aptitude to see the solution, but
management was concerned about my lack of formal training. I guess my associate’s in math
falls well below the typical requirements, but Casey had already gone to bat for me, and got me
the new position. I was transferred to the QC department in that same month!
I have enjoyed my time in the QC department. The work is interesting. When I first
started, the QC Department was led by Judy Yarbro. She was excellent at Quality Control.
Nothing got past her. I was sad when she announced her retirement, but saw the opportunity for
the department to take a new direction. I knew that Campbell, Sterling and Casey were all
applying for the job. I had thought about applying for the job, but figured it would take up too
much of my time. Time that could be devoted to my latest performance work. I don’t want to
FACT STATEMENT OF FERGUSON SHIVERS
Page 1 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
22
get into too many details so as not to spoil the surprise, but this may be the first dance piece
devoted to the Fluke brand of electronic testing devices.
I have worked for Casey since joining the QC team. I’ve been a direct report, and we
work great as a team. Casey constantly has my back when someone questions my methods, or
my credentials. Of course, I’ve never let Casey down, nor would I ever. Additionally, Casey got
me into the fantastic sport of competitive Darts. At a HopCo happy hour a few years back,
Campbell and Casey were playing a round of Darts, and I was watching. Campbell handed me a
dart and told me to throw it. By some combination of my natural grace and ability to see the
mathematical curve, I got a Bull my first time! Casey was impressed, and now we compete
together in the intercorporate co-ed competitive dart league. We finished 4th in the Year End
Tournament last year!
Working day in and day out together, you learn a lot about people. Their interests, their
dislikes, lots of information. Casey and I even shared passwords so that we could cross check
each other’s work, respond to e-mails, and really cover for each other if some emergency comes
up. We have always had each other’s backs. Of course, it was pretty common in our department
to share passwords. Sometimes people clued others into their password with a picture on their
desk, or a screen saver. Some people even wrote down their password and hid them, under the
mouse pad or keyboard— Casey did this often. IT has changed that, with rules about different
passwords, changing passwords, and all this other security stuff. I don’t get it…
I was happy to support Casey in applying for the manager’s job. We’re friends, and I
want to see Casey do well. I also consider Campbell to be a friend, but not as good of a friend as
Casey. It became harder over the years to maintain both friendships. Campbell and Casey have
had run-ins over the years. I’m not sure exactly what they were all about, but their relationship
has always been strained. When the supervisor’s job opened up, things got a bit more heated
between them. I tried not to take sides, but I did support Casey for the job. Judy Yarbro had
asked for my opinion about who should get the job. I told her honestly that Casey would make a
better manager. I mean, Campbell once told me that Captain Piccard was far superior to Captain
Kirk. While that did not affect our friendship, it certainly made me question Campbell’s
judgment. Seriously, how can anyone with that opinion be taken seriously as a manager? Plus,
Campbell went on vacation during the interview and selection process. I’m all for people taking
their vacation days, but the timing was just strange, and I think it may have counted against
Campbell.
I cannot state that Casey did or didn’t post stuff about the Campbell on eHop. I know
that they didn't really like each other, and Casey made jokes about the Campbell’s condition after
the post went up. Something about a likely-host and possible improvements to Campbell’s
appearance.
Page 2 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Casey was at work, at Casey’s office all day on April 8th. I remember Sterling being
super weird around that same time. Sterling is somewhat of a germophobe, as in, washes hands
25 times a day, and is constantly spraying down surfaces to disinfect. Well, that Monday, and
the Friday before, Sterling had gone around to everyone workstations and scrubbed them from
top to bottom. I remember seeing Sterling in Casey’s office sometime mid-morning on April 8th.
(The offices have interior walls made of glass, so everyone in the cube farm can clearly see into
all of the offices…which makes for some interesting people watching sometime. The walls
between the offices are frosted glass that you can't see through.)
Casey had left for the typical mid-morning coffee break, and Sterling went into Casey’s
office, though I didn’t see clearly what Sterling was doing. Sterling was wearing those huge
rubber cleaning gloves and had a spray bottle and some rags.
Things have been going well since Casey took over the QC department. Other than the
new IT rules. But some of the other rules have been relaxed, and we’re not so uptight about
making sure everything works right all the time. It relieves a lot of pressure. Everyone seems so
much happier.
I really cannot think of anything else about this situation. It’s just a shame that it has
come to a lawsuit.
Fergie Shivers
23
24
25
26
27
28
FERGUSON SHIVERS
SIGNED AND SWORN TO BEFORE ME the undersigned authority on this the ____
day of ____, 2013.
Lexi McNuggett
29
30
31
32
33
August 15, 2018
34
23
Page 3 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
ADDENDUM TO FACT STATEMENT OF FERGUSON "FERGIE" SHIVERS
I need to clarify a few things…
Like I mentioned, Casey and I have each other’s backs, and always let each other know
when we'll be out of the office. Casey was out of the office part of the afternoon on Friday,
April 5. Casey had a doctor or dentist appointment or something that afternoon.
When Sterling went into Casey's office, I did say I noticed what might have been
cleaning supplies. I personally think that those were props meant to create an appearance. After
the eHop post that caused all the commotion (and this lawsuit), I mentioned to several of my coworkers that I suspected that Sterling had been the author. After all, Sterling was at the
computer right around the time of the post and Sterling had a motive to do it, since it would hurt
both of them, Campbell and Casey. I get that Sterling has denied making the post, but really,
what does anyone expect? Sterling isn't going to just come out and admit something like that.
As for me, if I have not made it clear so far, I absolutely deny posting that message. Absolutely.
As for Campbell leaving QC after Casey got the promotion, all I can say is that some
people are sore losers.
Fergie Shivers
22
23
24
25
26
27
FERGUSON SHIVERS
trial.
Penny Forethought
28
29
30
31
32
24
April 15, 2018
Page 4 of 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
25
FACT STATEMENT OF BURNET ALLRED
My name is Burnet Allred. I am 37 years old and live in Anita, Texoma. I am not
married and have no children. Between my demanding job, the time I spend playing Gothador
(an online role-playing game where I battle mythical creatures), and my leadership role in the
Texoma Steampunk Society, I don’t really have time to worry about dating or marriage or kids.
I definitely don’t have the time or the energy to get involved in the petty squabbles between
Campbell Colquitt and Casey Hogg.
I’m only testifying in this case because Casey’s attorney told me that I could be held in
contempt of court if I don’t show up. The trial is on the same day as the Wild West Steampunk
Convention (we call it WWSC, for short). I was actually supposed to speak at a WWSC panel
about my recently-published steampunk paranormal romance novel, The Zombies of Mesmer.
It’s really good. I’ve sold over 30 copies on Fictionaut. Plus, I am the defending Southwestern
Champion in the grand sport of tea dueling, and I won’t be able to defend my title this year.
I have a bachelor’s degree in computer science, with a minor in management information
systems, from The University of Texoma. I started taking online classes to get my MBA, but it
seemed like lots of work without much reward. I come by my business savvy naturally, so I
don’t need any more formal training. I make over six figures a year, which is probably why most
of my co-workers resent me so much. Uneasy lies the head that wears the crown.
I am the Supervisory Information Technology Manager for HOPco and am responsible
for implementing and maintaining the technology infrastructure for the entire company. In
addition to the corporate office where I work, we have four branch offices. HOPco relies on a
central information processing system located in the corporate office to support the efficient data
management and communications for all its employees. In my role as Supervisory IT Manager, I
monitor the organization’s operational requirements, research strategies, and technology
solutions, and aim to build the most cost-effective and efficient system to achieve those goals. In
the IT world, I’m kind of a big deal. Not that anyone around here really notices.
Three years ago, Murrah Hansborough, HOPco’s Executive Vice President for
Operations, contacted me because HOPco’s executive board identified a problem with
communication in the corporate office. There was no central online community for the corporate
office employees. In layman’s terms, that means that was that there was no way to communicate
the news and information that creates a high-functioning workplace environment. So, Mr.
Hansborough (he asked me to call him that because I kept calling him “Baldy”) asked me to set
up an electronic bulletin board that uses push-and-play technology so that corporate office
employees can share messages on everything from job safety to company goals to the latest
software updates.
– Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
26
I set up a state-of-the-art electronic community called eHOP. (Management thinks I
named it after HOPco, but it’s actually an homage to chap hop music, which mixes hip hop with
elements from the Chappist and steampunk subcultures.) With this technology, which is
probably too intricate for most people to understand, HOPco is entirely integrated. It’s really
quite a technological feat.
Unfortunately, the fools with whom I work don’t know it when they have a good thing.
Instead of using eHOP to share workplace tips and spread best practices to improve efficiency,
they use it as a virtual high school lunchroom. Suddenly, everyone was on eHOP all day, talking
about competition darts, gossiping, and generally slacking off. And because most of HOPco’s
employees don’t have my computer skills and training, a lot of people had their passwords
stolen. It’s really their own fault for sharing their passwords, posting them in plain view at their
desks, using easy-to-guess passwords, and refusing to change them regularly. I mean, people
were using passwords like “password,” “123456,” and “letmein” and putting them on sticky
notes they stuck to their monitors. Really? “Letmein?” I guess they didn’t think of
“opensaysme.” Anyway, just like that, people were posting scandalous messages
“anonymously” (meaning they posted under somebody else’s user name), so you never really
knew where a rumor or insult started. Well, YOU couldn't tell where it all started. I, on the
other hand, was able, if I wanted, to discern from where any such message emanated.
Exhibit 1 is a print-out showing eHOP activity from 3:37 PM on April 5, 2013, to 4:45
PM on April 10, 2013. This print-out, which I printed from HOPco’s computer systems, shows
various posts to eHOP on the dates and times indicated. The print-out also shows the name of
the system user who made the post and how many replies it generated. For example, the posting
at 4:45 PM on April 10 was a post by the Marketing Department about the meGoggles press
release policy that generated 4 replies. As you can see, the records do not show you the name of
the person who actually made the post, just the computer user name used by the person who
made the post. We have some “generic” user names, such as “Marketing Department,” but every
HOPco employee has his or her own specific user name. An example of a specific user name is
the next post on Exhibit 1, titled “Free kittens need good home,” which was posted by user
CAROLANNCARROL, a HOPco employee who works in the HR department.
Exhibit 2 is a print-out showing the full eHOP post that started this mess. This print-out
shows the original post, which was made on April 8, 2013, at 10:12 AM by user CASEYHOGG,
and all the replies to that post. The post generated a lot of traffic on eHOP and I remember
getting a call from HR asking me to shut it down for further comments. I did that at 11:55 AM
on April 8, 2013, as shown by the last entry on Exhibit 2. No telling how many goofy replies we
would have had if I had not shut it down when I did.
In May, a few weeks after the Seeliasis rumor got started, Mr. Hansborough asked me to
do a little sleuthing as part of his internal investigation. Lucky for Baldy -- I mean Mr.
– Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Hansborough -- I set up eHOP so the systems administrator can track every keystroke from every
computer logged onto the database. It’s the same technology used by the NSA, and HOPco is
darn lucky that I was savvy enough to include it in the code. I was able to go back and discover
a bunch of important facts. Sterling Hobby accessed the internet on Sterling’s office computer
and Googled “Seeliasis” on April 2, 2013. Sterling spent 20 minutes researching the disease that
day. The Seeliasis post, including the color pictures from the “So You Think You’ve Got a
Horrible Disease” website, was posted on April 8, 2013, at 10:12 a.m., followed by 19 replies on
that thread incuding the incredibly gross "So You Think You've Got a Horrible Disease" website
pictures. The original Seeliasis message was definitely posted from Casey’s workstation.
Well, you can imagine how crazy it got at work after the rumor about Campbell having
Seeliasis went viral, especially when the eHOP post showed the rumor was started by Casey.
Everyone was taking sides, bickering about stupid promotions, and nobody was doing their darn
job. Except for me, of course. Eventually, management forced us all to go to a trust-building
workshop at a camp site about 20 miles outside of Texoma. It was a total waste of time, in my
opinion. I’m pretty sure there’s still a lot of animosity between Campbell and Casey, and I
missed a perfectly good weekend of Gothador so that I could spend two days doing trust-falls.
A day or two before the posting that started all of this (the April 8 posting), Sterling
Hobby asked me whether what was on the TV News Magazine "43 Minutes" the night before
was true that private companies had the ability to record the faces of those using HOPco
computers with "reverse webcam" technology. I informed Hobby that HOPco did not have this
capability, yet; but we would certainly be looking into it. I remember Hobby asking this
question because it was a weird question and only Hobby asked me about it.
That’s all I remember about this incident.
Burnet Allred
29
30
31
32
33
34
35
36
37
38
39
40
BURNET ALLRED
SIGNED AND SWORN TO BEFORE me the undersigned authority on this the 25th day of July,
2013.
Twinkie McPhee
April 24, 2014
41
27
– Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ADDENDUM TO FACT STATEMENT OF BURNET ALLRED
I guess I should mention that I can’t say for sure that it was Casey who actually wrote the
scandalous post about Campbell and Seeliasis. Anyone with Casey’s password could have
logged onto that workstation because HOPco initially refused to adopt my ideas for computer
security. When I wrote the code, I included an advanced feature that remotely activated each
user’s webcam and snapped a picture each time the user logged on to eHOP. The pictures would
then be archived so that management could assure that each employee was working a full eighthour day and wasn’t spending too much time on eHOP. When I told Mr. Hansborough about
that state-of-the-art feature, he instructed me to delete it immediately and said that it was creepy
and an invasion of privacy. I bet he wishes he had that picture archive now.
What I can say for sure is that someone manually locked Casey’s computer at 10:04 AM
on April 8, 2013, and that someone entered Casey’s password at 10:10 AM. The Seeliasis email
was typed and posted at 10:12 AM. The computer then automatically locked itself at 10:18 AM,
after 5 minutes of inactivity. The password was entered again at 10:41 AM and someone then
wrote a note to Casey’s mom. All this information is logged at the server level, something the
HOPco drones have no way of knowing. We can track everything they do on their computers,
including looking at what web sites they visit and how long they stay on each page. If they knew
what we can see about their web surfing, they’d probably do a whole lot less of it.
After this whole Seeliasis thing erupted, the executive committee had me write code
instituting a new electronic security policy. The purpose of these changes was to try to prevent
any more unauthorized use of HOPco’s network resources. Now, passwords must be changed
every 30 days and they must be “strong” passwords (which means at least eight characters, with
at least three of the following: numbers, upper case letters, lower case letters, and special
characters).
Too little, too late, if you ask me.
Burnet Allred
31
32
33
34
35
36
37
38
39
40
41
28
BURNET ALLRED
SIGNED AND SWORN TO BEFORE ME the undersigned authority at on this the day
of trial.
Penny Forethought
April 15, 2018
– Page 4
………………………………………………………………………………………………………………………………………………………………....
meGoggles press release policy
April 10, 2013 @ 4:45pm
posted by MARKETING DEPARTMENT
4 replies
………………………………………………………………………………………………………………………………………………………………....
Free Kittens need good home
April 10, 2013 @ 2:13pm
Posted by CAROLANNCARROLL
11 replies
………………………………………………………………………………………………………………………………………………………………....
To the Owner of the moldy Potato Salad in the Lounge
April 10, 2013 @ 12:02pm
Posted by JIMMYHENDERICKS
1 reply
………………………………………………………………………………………………………………………………………………………………....
Donuts in Conference Room C-2
April 10, 2013 @ 9:37am
Posted by HELGANOSH
47 replies
………………………………………………………………………………………………………………………………………………………………....
More Pictures of Seeliasis
April 9, 2013 @ 10:10pm
Posted by DAVEPOSTMANN
LOCKED BY ADMIN 1 reply
………………………………………………………………………………………………………………………………………………………………....
Crazy Sock Fridays!!!!
April 9, 2013 @ 3:20pm
Posted by CARLITADANGER
14 replies
………………………………………………………………………………………………………………………………………………………………....
I DO NOT HAVE SEELIASIS
April 9, 2013 @ 2:42pm
Posted by CAMPBELLCOLQUITT
2 replies
………………………………………………………………………………………………………………………………………………………………....
Welcome Baby Anita Bathe!
April 9, 2013 @ 10:10am
Posted by IMMAPIGG
25 replies
………………………………………………………………………………………………………………………………………………………………....
Can we please stop with the Pictures, srlsly?
April 8, 2013 @ 5:45pm
Posted by CARAHAAS
3 replies
………………………………………………………………………………………………………………………………………………………………....
If you thought THAT was bad, look at these Blisters!
April 8, 2013 @ 3:15pm
Posted by RICHARDRICHARDSON
LOCKED BY ADMIN
4 replies
………………………………………………………………………………………………………………………………………………………………....
PUBLIC SERVICE ANNOUNCEMENT: Seeliasis Exposure
April 8, 2013 @ 10:12am
Posted by CASEYHOGG
LOCKED BY ADMIN
19 replies
………………………………………………………………………………………………………………………………………………………………....
Free Pasckis in Conference Room D-1
April 8, 2013 @ 8:55am
Posted by OSKARCHOMICKI
2 replies
………………………………………………………………………………………………………………………………………………………………....
Does anyone know where Judy Yarbor left the extra keys to the roof?
April 5, 2013 @ 3:44pm
Posted by AMYSMITH
5 replies
………………………………………………………………………………………………………………………………………………………………....
Despicable You Minion Blimp, Outside RIGHT Now!
April 5, 2013 @ 3:37pm
Posted by AMYSMITH
12 replies
………………………………………………………………………………………………………………………………………………………………....
29
Exhibit 1
PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 10:12am
It has come to my attention that our office has literally been exposed to a highly contagious and horrible disease:
Seelialosis. For those of you who may not know, Seelialosis causes large sores on the legs and arms, which weep
copious amounts of pus,… Once even the smallest amount of pus has touched the surface, the virus can contaminate
the entire area for up to a week. This is literally the most disgusting and loathsome disease you will ever see.
Further symptoms include nausea, vomiting, diarrhea, scalp zits, fuzzy tongue, loss of smell, and even vanishing
fingerprints (if the sores reach your far extremities). My skin just crawls thinking about it,… And who do we have to
thank for this exposure? Why the only person who traveled to South America, literally the last outpost of this
loathsome disease, within the past month: Campbell Colquitt!
Posted by: CASEYHOGG
RE: PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 10:15am
Ewww… that sounds disgusting. Are you sure Campbell has this?
Posted by: MARYANNSKIPPER
RE: RE: PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 10:17am
Colquitt looked really bad, last I saw. Just to be safe, I’m steering clear. Can you imagine working
for someone that brought back something as awful as this!?
Posted by: JASPERHILTON
April 8, 2013 @ 10:19am
Colquitt’S arms were all scaly, and I heard Colquitt was in the bathroom for a week ago. Just like
Colquitt to bring back a deadly virus as a souvenir
Posted by: ICHABODCRANE
April 8, 2013 @ 10:17am
Dude, that stuff’s no joke. I saw Campbell the other day, wow, did Campbell look rough. Time for me to
disinfect, well, everything. Does anyone have an industrial strength steam cleaner!?
Posted by: JOHNNYBGOODE
April 8, 2013 @ 10:18am
Remind me to avoid Colquitt like the plague!!
Posted by: WALTERHIGGINS
RE:RE: PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 10:25am
I see what you did there
Posted by: JOSHUATREE
April 8, 2013 @ 10:30am
No, but seriously, I think we all need to stay far far away from Campbell.
Posted by: SALLYHUMBUG
30
Exhibit 2-1
April 8, 2013 @ 11:01am
Check out how gross this is:
Posted by: ICHABODRANE
April 8, 2013 @ 11:04am
See this one?!
Posted by: IVANSCRATCH
RE:RE:RE: PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 11:13 am
Can we stop with the pictures?!
Posted by: SALLYBRAGIN
31
Exhibit 2-2
B
Don’t forget the scalp zits!
April 8, 2013 @ 11:01am
11:12am
Posted by: RUSSELLSTOPHERS
April 8, 2013 @ 11:23am
Or Vanishing Fingertips!
Posted by: DAVIDHARLEY
April 8, 2013 @ 11:31 am
I am organizing a disinfecting party ASAP. Let me know if you’re interested in helping!!!! (And you should be)
Posted by: STERLINGHOBBY
April 8, 2013 @ 11:36 am
You know, Campbell should be punished for exposing all of us. Has anyone called the CDC?
Posted by: QUINNROJO
32
Exhibit 2-3
April 8, 2013 @ 11:39 am
Can you imagine working for Campbell after this!?
Posted by: ROBERTKAGNY
April 8, 2013 @ 11:43 am
Working for!? Try: speaking to, standing near….
Posted by: AUDREYBURNHEP
April 8, 2013 @ 11:47 am
Colquitt should be locked out of the office, and not allowed to return. EVER. Oh, I’ve got the
heebee geebees so bad. I’m going home and taking a shower.
Posted by: GRIFFINROBERT
RE:RE:RE:RE: PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 11:52 am
Agreed! Campbell should be fired
Posted by: AUDREYBURNHEP
PUBLIC SERVICE ANNOUNCEMENT: Seelialosis Exposure
April 8, 2013 @ 11:55 am
THIS THREAD HAD BEEN LOCKED BY ADMINISTRATION AT THE REQUEST OF HUMAN RESOURCES
Posted by: ADMINISTRATOR
33
Exhibit 2-4
34
34
Exhibit 3
35
Exhibit 4
Annual Review of Sterling Hobby
Areas of Evaluation
Score
(1 lowest, 10 highest)
Technical Expertise
7
Sterling has a gift for finding solutions to unsolvable problems. Sterling thinks outside the box, and
frequently arises at elegant and simple solutions to the most complex problems—quite an asset to our
team. Occasionally Sterling’s solution, while brilliant, are out-of-scope and an incompatible with
company vision. I would encourage Sterling to develop a better understanding of all of HopCo’s
product offerings, and company vision/strategy in advance of quality control issues to help link together
our products and become more efficient in our problem-solving process.
Project Management
5
Sterling needs to focus on time management. While yet to miss a deadline, Sterling spends much time
“dancing to decisions” or using movement-based interpretations of mathematical equations to explain
potential solutions. Often times, these methods of communication are ineffective, and delay productive
brainstorming. However, Sterling’s sharp mind will often deliver remarkable resolutions just within the
appropriate timeframe. I would encourage Sterling to work on time management and effective
communication skills.
Personnel Management
6
Sterling gets along well with our quality control team. While Sterling has not taken a leadership
position in the team, I would like Sterling to consider “leading” QC subgroups, especially as is one of the
best at finding work-arounds and solutions to the most complex problems. I would encourage Sterling to
take more of a leadership role as time management and effective communication skills develop. We all
have a lot to learn from Sterling.
Quality Assurance
8
Sterling finds problems and solutions before most of us even turn the product on. Sterling’s attention to
detail is unmatched and is an invaluable member of our team
Total Score
Judy Yarbro
Evaluator Signature
36
26
Sterling Hobby
Reviewee Signature
Exhibit 5-1
Annual Review of Casey Hogg
Areas of Evaluation
Score
Technical Expertise
7
Casey Hogg is one of our best Quality Control team members. Hogg, as expected, is very adept at
finding workable solutions in a time-efficient and collaborative manner. While Hogg’s technical
background is sufficient, I would encourage Hogg to attend a few more industry conferences and
continuing education classes to keep abreast of the rapidly changing electronics world, especially as
given Hogg’s goals regarding career advancement.
Project Management
8
Hogg truly shines with regards to project and time management. Hogg communicates well with
colleagues at all levels, articulating each person’s role and responsibility in any given project. Hogg
appropriately supervises teammates to ensure freedom and flexibility to perform the task at hand, but
also to move the project alone in a time-efficient manner. Hogg knows how to get the best efforts out
of each team member.
8
Hogg does very well at leadership and interpersonal relationships among the Quality Control team.
However, if Hogg wishes to advance in Quality Control at HopCo, I would encourage Hogg to expand his
working relationship with other colleagues, and not just revisit the same “favorites”. If Hogg wishes to
rise to management levels, Hogg should demonstrate an ability to work well with everyone.
Quality Assurance
7
Hogg is very attentive to detail, and with team members, produces excellent results. However, I would
highly encourage Hogg to become a technical lead, if Hogg desires to move up in HopCo management.
Total Score
Judy Yarbro
Evaluator Signature
37
30
Casey Hogg
Reviewee Signature
Exhibit 5-2
Annual Review of Campbell Colquitt
Areas of Evaluation
Technical Expertise
Score
9
Campbell Colquitt is my right hand in the Quality Control department. Colquitt excels at finding
problems and workable solutions in a budget-friendly and time-efficient manner. Colquitt’s intuition
and keen eye find technically-superior solutions for every problem assigned.
Project Management
8
Colquitt does a remarkable job with Project management, always coming in on-time and under budget.
Colquitt’s team works efficiently to provide not only solutions, but suggestions for product designers to
reduce QC issues in the future
7
Colquitt is very much a one-person solution strategy—I would strongly encourage Colquitt to delegate
work to other team members, and focus on finding team based solutions. While Colquitt is well-liked
and friendly with everyone in the Quality Control department, Colquitt would benefit from becoming
more managerial and less worker-bee if Colquitt desires to advance the corporate ladder.
Quality Assurance
10
Colquitt is beyond technically proficient, and has no blemishes on the resolutions record. Keep up the
good work!
Total Score
Judy Yarbro
Evaluator Signature
38
34
Campbell Colquitt
Reviewee Signature
Exhibit 5-3
0
0
Daily Treatment Notes
1-.\~~t
DATE
,,/"1fl 'MO
R..wt~-~ ·~· x.,,._ '..e~:f{~ (~le)
J. R .. JJ .,/.- •
- +rw ltj:·+I..
.
.
lAPJU.r
. .
J'»J~
I<'
x
-
r~>n.""'
\I/"Z.c.f11 ... l'i '6
, . .JI
I
U1 1 I
311..ft/t
,. /
-
("'
~
r,\ \Ak.
do
lr\fA U\Q(>.... , Vo JAi
.- \.-. ,_,_<;.
()IA
!--- All.
flfllJ
....
v
I+ 10
'
I
I
I~~
I
1e
Pt.~~
·~ /1,U ~
"
J
u
. .L\, 1d<.
not1'J.P _. ce~+
~ VW'VO C.
.
b/1.-)
~-\-f 011A
\> \
I
" ,
~
'-11 ~1i:~
O~til
'rPJ
·v
(~k~\ 7
~-r,l·o . .
-----
r 1J I
( .Poss,hl-e., '5.ee \ 1'<{S ,"'s7J ·l ..
-- lrt\ \ \1+. M ~ J Cll.:,·' .;,..,,V,-;; '-- l
~
- w/c. -t~.of'f\ON .
.. .. Drf. ~J'\. tHh' c-R_ _
.
/
I
,
TJt'
--........
)
Yfl / 1; Jbt;B
1
i
-
11d \N) .....L. A L
Dfo l")Q,'<'
t'l I (1-tM- --
r/o h ~c,lfrro lor ,' c~l r/trt?R"" ....
A.eMA. Yer h/oodwlhi..
I
'2.-~~.~
r\\v'Vi • d ;0-ff'kik.. '{
,
~'
./
/)\
'2.. WU..~~ '~ ~ '\,.~ ...
\A
c.2-I \ • p""· \' s re. (.. o\,9. r-c:}t).
P/u
V~-
~·ro>.
fen
e /-..01..
Cl
Uub Na-Jl.
- <:>-\oJt -ta.¥11:-.\ Or-l.LM-l-f°"-<- ··~ f-f· h-oKt'- ·
CJC1 )OM!'.'
1~1~
~"k.
~
C~l
..\r\ 'f'JGIPD f'lf po.> 5J;k_
I
- b ~ O/A.JZ \,t>- \l"Vk_
s~eJ )rJ1~ .
Dt
h~c,,
-
SaMA.D~ ~
I
4 /' Sh'!J nfH1
.
I
fAU f-i'mn
--
I
I'~ /In A.D
Vf ,., -
.\.,Q\).A{#\
e11c - Aro1
n, '
5eeli'r<Si'.f... , -'1'.Sh 1'aofl()ci1
II
/")'~
't/-0 WO (If'(
I/.
I
t
I
39
PA1'10n'$
~
t.Ut
ftuf
M!OOt! NlW.
Colquitt, Campbell
Exhibit 6
,i
ta
l',.a
TEAM ROSTER
2014
Team roster forms are to be duplicated and completed by each team prior to each round and presented to
the presiding judge, other judges and opposing counsel before the round begins.
(Minimum 4 per trial.)
TEAM LETTER: __________
ROUND (circle one):
I
II
III
IV
V
VI
VII
Students listed on this roster represent the (circle one): PLAINTIFF/PROSECUTION
DEFENSE
NAMES OF ATTORNEYS:
TASKS:
1)_____________________________
(Student’s Name)
Opening/Dir/C-X
Direct:_____________________________
(Witness)
Cross:_____________________________
(Witness)
2)_____________________________
(Student’s Name)
Closing/Dir/C-X
Direct:_____________________________
(Witness)
Cross:_____________________________
(Witness)
3)_____________________________
(Student’s Name)
Dir/C-X
Direct:_____________________________
(Witness)
Cross:_____________________________
(Witness)
NAMES OF WITNESSES:
NAMES OF WITNESSES EXAMINED:
“P” ROLES:
(# the order of appearance)
“D” ROLES:
(# the order of appearance)
4)_____________________________
Campbell Colquitt #___
Casey Hogg #___
5)_____________________________
Dr. Z. Sayers Stockdale #___
Burnet Allred #___
6)___________________________ ___
Sterling Hobby #___
Fergie Shivers #___
Timekeeper (may not communicate with team)
7)_____________________________
--------------------------------------------------------------------------------------------------------------------------------------------------TEAM MEMBERS - NOT PARTICIPATING IN THIS ROUND:
8)_____________________________
9)_____________________________
10)____________________________
40
NOTE: Team members not participating must sit behind the bar and may not communicate with participating team
members during round.

Campbell Colquitt v. Casey Hogg

Transcription

Similar documents

Quinsam Coal EXISTING CITY BOUNDARY PROPOSED

Campbells soup thermos large

Griffins, Gryphons, Griffons - GargoyleStore.com by The Stone Griffin

join us for lots of fun learning how to play African drumS

Success Story - City of Campbell River

96 N. San Tomas Aquino Road

tcf wwc program final - The Compassionate Friends

PDF - Carter Towler