HANK'S LEGAL CORNER: SCHNEIDER WITHHOLDING DOCUMENTS? SOUNDS LIKE OBSTRUCTION OF JUSTICE

Thursday, November 19, 2009

SCHNEIDER WITHHOLDING DOCUMENTS? SOUNDS LIKE OBSTRUCTION OF JUSTICE

From Walter L. Ellis:

Re: Schneider National Carriers, Inc., v. Walter L. Ellis, San Bernardino Superior Court Case No. CIVDS 906308 / W/C case # ADJ6624664

Dear Sir:

On 1/13/09 after filing above DOT Complaint, LUKE took documents, including my log books in the Drivers lunch room. I was later injured (broken rib, and knee injury) by BRANDON while attempting to escape from building. Luke later fired me stating," Walter you are being fired for log book violations and refusing a load on 1/12/09". The DOT complaint was posted on: http://www.truckerscomplaint.com/ 1/12/09.

a. You are attempting to diminish my discovery in the Worker’s Compensation claim against Schneider.

b. To stifle any attempt in my efforts to sue Schneider for assault and battery, discrimination, and unfair business practices

Regarding Post-Termination Injury 1/13/09 SCHNEIDER NATIONAL, SNI

On 1/13/09 while on duty at SCHNEIDER’S terminal located at 14392 Valley BL, Fontana, CA, I was confronted by Jeff Ames and Luke Siminendinger, Supervisors for SNI demanding that I complete my log books in a private meeting in their office. This demand was being made in the presence of other drivers who were bringing their faulty logs up to date in the lunch room. Luke demanded that I not finish my lunch, snached my log books from me and demanded that I follow he and Jeff to the office. Luke stated the log books were the property of the DOT and he had a right to take them.

Since being injured I have been denied treatment for the serious injuries I received on 1/13/09 and compounded by Mental Stress, which both I am being treated presently. The injuries I received to this day cause spasms on my right side, where my #9 rib was separated from the cartilage. The Stress I suffer is due to the discriminatory manner in which I was treated before and after being injured.

http://truckerscomplaint.com/
www.justiceforblacks.blogspot.com
http://www.uedcdwb.blogspot.com/

-----Original Message-----
From: David Imoto
To: uedcinc@aol.com
Sent: Wed, Nov 18, 2009 8:00 am
Subject: RE: Missing documents to be produced

Mr. Ellis:

Please note that as Ms. Robyn Neighbor advised you yesterday, we will be drafting a Motion to Quash your subpoena as we think that your request is overly broad, and does not lead to discoverable information.

Please remember, the trial that we are in the process of is on the limited issue of whether you were injured at work. That is it! You appear to want to litigate your termination and whether it was wrongful or not. That is separate issue. It cannot be heard at trial until it is determined if you were even injured at work.

/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

I do want to litigate the Wrongful Termination. The Judge agreed. Harvey testifyed under oath that I was being Terminated for Log book violations, and for refusing a load. (Harvey's testimony attached).

Your refusal to produce the rquested log books and copies are in violation of the judges orders. Walter Ellis 11/18/09

It appears as though you need to discuss this matter with the Information and Assistance Officer again. Please make an appointment with her and advise her of the documents you are attempting to obtain. Perhaps she can give you more direction and focus your search.

Should you have any additional questions or comments, do not hesitate to contact me.

Sincerely,

David H. Imoto, Esq.

Harrison, Eichenberg & Murphy

140 S. Chaparral Court, Ste 250

Anaheim Hills, CA 92808

(714) 685-7842

(714) 685-7846 - Facsimile

From: uedcinc@aol.com [mailto:uedcinc@aol.com]
Sent: Tuesday, November 17, 2009 10:41 PM
To: imoto@hem-law.com
Cc: MittelstadtM@schneider.com; asantiago@hq.dir.ca; riv@dir.ca.gov; dwc@dir.ca.gov; simendinger1@schneider.com; DAInternet@sbcda.org
Subject: Missing documents to be produced

DOCUMENTS TO BE PRODUCED:

Attorney Imoto,

It is required by DOT that copies of log books be kept and produced to DOT for inspection. Numerous pages were missing, including 1/12/09, the date that Mr. Simendinger stated in sworn testimony that he based his dicision to terminate me due the hours I had remaining on the 12th. These and other items I have yet to receive.

1. All copies of log books done in the name of Walter L. Ellis for the period between October 6, 2008, and January 13, 2009.

2. All log books done in the name of Roger Cleary for the period between October 15, 2008, and November 15, 2008.

3. All copies of Qualcomm messages to and from Truck No. 40649 between October 15, 2008, and November 15, 2008.

4. All log books done in the name of Roger Halterman for the period between November 18, 2008, and January 13, 2009.

5. All log books done by all drivers who were present in the office, lunch room, T. V. room, fuel desk, and lot area at Schneider National Carriers in Fontana, California between 10:00 a. m., and 12:30 p. m. on January 13, 2009.

6.All phone numbers of office personnel who were present in the office, lunch room, T. V. room, fuel desk, and lot area at Schneider National Carriers in Fontana, California between 10:00 a. m., and 12:30 p. m. on January 13, 2009.

7.All copies of Qualcomm messages to and from Walter L. Ellis between October 15, 2008, and January 13, 2009.

8. All recordings made with or without Applicant’s permission by all Schneider personnel, “DBL’s”, Workers Compensation Officials, and Liberty Mutual that are in the possession of Schneider National Carriers,

REASONS WHY APPLICANT NEEDS THE DOCUMENTS:

Applicant needs the documents listed on Page 1 to prove that he was injured, harassed, and discriminated against by Schneider and their Supervisors, and other employees.