Martinez Recall Case Study: Sara And Chavez

Martinez recalled asking Sara out a couple times. He asked her if she wanted to go to happy hour, along with asking other co-workers.
At first, Martinez did not recall ever specifically going out socially with just him and Sara. Next, he remembered that Sara and himself went out a couple of times alone without co-workers.
Martinez recalled that him and Sara went on a date was after his promotion to Site Foreman around October or November 2011.
Martinez mentioned the second date with Sara was a week for the company’s Christmas Party around December 2011 just the two of them went to happy hour.
Martinez recalled that the next date with Sara on a one-on-one date was Valentine’s Day of 2012. He remembered the exact date because Sara and her boyfriend
Q: Are you sure?
A: Well, not on an official date, but I would bring up to her when co-workers were going to happy hour or some other group thing.
Q: How about on April 4, 2012? Did you ask her out then?
A: No, not that I recall.
Martinez’ email asking Sara out again was marked as Exhibit 4 to the deposition (ABC000017). After Martinez reviewed the email, he recognize the email.
Martinez slightly recalled asking Sara out again because she was complaining about her boyfriend and she was flirting with him. Sara said, “No” and he never asked again. He felt that Sara was flirting with him because she mentioned his shirt looked nice and she was nicer than normal.
Martinez recalled that Sara flirting with him on that occasion. He stated the first time she flirted with him was in October because at the Rebecca Stringer threw a big Halloween party. There were co-workers there at the party; however, Sara was real flirtatious with him at the party. Martinez dressed up as a doctor and Sara told him that she needed him to treat her, along with kissing him.

Martinez recalled the following names at the Halloween party:
Rebecca Stringer;
Dave Helton (and Dave’s wife,
He recalled there was another time that got physical once.
Martinez recalled on Valentine’s Day, he kissed Sara at the end of the date, but it was just a quick kiss. He remembered that Sara was still soar over boyfriend because her boyfriend had broken up with up two days before Valentine’s Day 2012. At the end of the date when he kissed her there was no reaction on Sara’s part, she just said, “Thanks for drinks and that she will see him at work the next day.
Martinez recalled that he stopped asking Sara out because she had reconciled with her same boyfriend even though she was complaining a lot about him.
Martinez recalled overhearing Sara telling Rebecca Stringer (Becky) that her boyfriend was talking to his ex on Facebook and she did not like that.
Martinez testified that Sara never complained to him on the date but on other occasion, she did complain to him.
Martinez stated after Sara denied going out with him, they only interacted with other co-workers but not one-on-one.
Martinez recalled that Sara never asked to “stop” asking her out or acted in a particular way towards her. He also mentioned that Sara was never upset with him during their interactions, only her