Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358

Exhibit D - Declaration of Lisa Rinehart

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EXHIBIT D IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION အ JAYME PEERY, Individually and on behalf of all others similarly situated CIVIL ACTION NO. 6:18-cv-00358 အ အ အ JURY TRIAL DEMANDED Plaintiff, အ အ COLLECTIVE ACTION PURSUANT TO 29 U.S.C. $216(b) အ အ NIXON ENGINEERING, LLC, အ အ CLASS ACTION PURSUANT TO FED. R. CIV. P. 23(b) Defendant. အ DECLARATION OF LISA RINEHART 1. My name is Lisa Rinehart. I am over 21 years of age and have never been convicted of a felony or of a crime involving moral turpitude. I have personal knowledge of the facts contained herein. I therefore am competent and qualified to offer this Declaration. The facts contained herein are true and correct. 2. I am presently the Human Resources Manager for Nixon Engineering, LLC ("Nixon"). In that capacity, and in addition to other duties and responsibilities, I serve as a custodian of records for employment-related records for Nixon employees. 3. Attached to Nixon's Response in Opposition to Plaintiffs' Motion for Conditional Certification and Notice to the Putative Class ("Nixon's Response") as Exhibit B are exact duplicates of the originals of excerpts from Nixon's Employee Handbook. 4. Attached to Nixon's Response as Exhibit C is an exact duplicate of the original "Confidentiality, Nondisclosure, Non-Solicitation, Non-Competition and Inventions Agreement." 4812-2995-8042.2 5. Attached to Nixon's Response as Exhibit E are exact duplicates of the original Account Details logs of Vernon W. Heath III, Ashton Neal, John Swinner and William Swinner reflecting each individual's execution of the Acknowledgment for Nixon's Employee Handbook and execution of the Statement of Employee (included in Exhibit B) as well as the separate Statement of Employee for Ashton Neal. 7. Exhibits B, C and E were made at or near the time by – or from information transmitted by – someone with knowledge; the records were kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit; and making the records was a regular practice of that activity. PURSUANT TO 28 U.S.C. § 1746, I VERIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Lisi Rinehart Lisa Rinehart 4812-2995-8042.2