Opposition Brief — Kelly Colvard Parsons, Petitioner v. Richard Jearl Parsons

No. 20-442

IN THE

SUPREME COURT OF THE UNITED STATES

KELLY COLVARD PARSONS,

Petitioner,

V.

RICHARD JEARL PARSONS,

Respondent.

ON PETITION FOR WRIT OF CERTIORARI

TO THE TENNESSEE SUPREME COURT

APPENDIX TO BRIEF IN OPPOSITION TO PETITION

FOR WRIT OF CERTIORARI

GEORGE LAWRENCE RICE, III (#134565)

COUNSEL OF RECORD FOR RESPONDENT

RICE CAPERTON RICE PLLC

275 Jefferson Avenue

Memphis, Tennessee 38103

lrice@ricelaw.com

(901) 526-6701

APPENDIX

Trial Court: Circuit Court of Shelby County, TN

Docket No. CT-004932 / Division II

Document Date Filed

1. Deposition Transcript of Richard Parsons, April 21, 2014 08.26.2016

IN THE CIRCUIT COURT OF TENNESSEE

FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS, SHEL

CIREGNIT COURT CLERK

KELLY COLVARD PARSONS, ay Mande

Plaintiff/Counter-Defendant,

vs. No. CT-004932-13

Div. Il

RICHARD JEARL PARSONS,

Defendant/Counter-Plaintiff.

NOTICE OF FILING DEPOSITION OF RICHARD PARSONS TAKEN

APRIL 21, 2014

Comes now Mitchell D. Moskovitz, Esq., and gives notice that he has filed the

original Transcript of the Deposition of Richard Parsons taken on April 21, 2014 with the

Respectfully subphitted le

Clerk of this Honérable Court.

Mitchell D. Moskovitz #15576)

Kirkland Bible (#31988)

SHEA MOSKOVITZ & McGHEE, PLC

530 Oak Court Drive, Suite 355

Memphis, TN 38117

(901) 821-0044

Attorneys for Wife

CERTIFICATE OF SERVICE

The undersigned certifies that a true and exact copy of the foregoing has been

forwarded to Larry Rice, counsel for Husband, at 27

Tennessee 38103, via email and U. S. Mail, :

Kirkland Bible

“3:

i7

18

22

23

24

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ORIGINAL

IN THE CIRCUIT COURT OF TENNESSEE

FOR THE THIRTIETH JUDICIAL DISTRICT fe nats

u

AUG 26 2018

KELLY COLVARD PARSONS,

Plaintiff,

NO. CT-004932-13

DIVISION II

VS.

RICHARD JEARL PARSONS,

Defendant.

DEPOSITION

OF

RICHARD PARSONS

April 21, 2014

TIMEayo Reporting Services

LISA J. MAYO, LCR, RMR, CRR

LCR No. 475

Lisa J. Mayo, LCR, RMR, CRR

lisamayo@mayoreportingservices.com

)

CIRGONT Cou }

gu RT CLERK

D.C,

—

The deposition of Richard Parson is taken on

April 21, 2014, on behalf of the Plaintiff, pursuant to

notice and consent of counsel, beginning at

approximately 10:00 a.m. in the offices of Shea

Moskovitz and McGhee, 530 Oak Court Drive, Suite 355,

Memphis, Tennessee.

This deposition is taken pursuant to the terms

and provisions of the Tennessee Rules of Civil

Procedure.

All forms and formalities, excluding the

signature of the witness, are waived, and objections

alone as to matters of competency, irrelevancy and

immateriality of the testimony are reserved to be

presented and disposed of at or before the hearing.

Signature of the witness is reserved.

Lisa J. Mayo, LCR, RMR, CRR

lisamayo@mayoreportingservices.com

APPEARANCES

FOR THE PLAINTIFF:

Mitchell D. Moskovitz, Esq.

Shea, Moskovitz and McGhee, PLC

530 Oak Court Drive, Suite 355

Memphis, Tennessee 38117

Phone: (901) 821-0044

FOR THE DEFENDANT:

Larry Rice, Esq.

Rice, Amundsen and Caperton, PLLC

275 Jefferson Avenue

Memphis, Tennessee 38103

Phone: (901) 526-6701

COURT REPORTER:

Lisa J. Mayo, LCR, RMR, CRR

LCR No. 475

Mayo Reporting Services

8584 Sycamore Trail Drive

Germantown, TN 38139

901.494.2982

Lisa J. Mayo, LCR, RMR, CRR

lisamayo€mayoreportingservices.com

INDEX

Richard Parsons: PAGE

Examination by Mr. MoskovitzZ........ eee ee eee eee 05

BEX HI BITS

NO. DESCRIPTION PAGE

EXHIBIT NO. 1) Husband's Supplemental Answers 29

to Interrogatories

EXHIBIT NO. 2) Thrift Savings Plan 43

EXHIBIT NO. 3) Husband's Answers to 45

Interrogatories

EXHIBIT NO. 4) Copies of check 68

EXHIBIT NO. 5)Safe deposit box note 70

EXHIBIT NO. 6)Earnings and leave statement 73

EXHIBIT NO. 7)Accounting statement 719

EXHIBIT NO. 8) Federal Retirement Benefits 80

Estimate

REQUESTS

1) His and Her Social Security Statements

2) Tax Assessor's statement on West Virginia land

3) Recordings

REPORTER'S CERTIFICATE 87

Lisa J. Mayo, LCR, RMR, CRR

lisamayo@mayoreportingservices.com

RICHARD PARSONS,

having been first duly sworn, was examined and

testified as follows:

EXAMINATION

BY MR. MOSKOVITZ2Z:

Q. Will you state your name, please, sir?

A. Richard J. Parsons.

Q. And Mr. Parsons, have you ever given your

deposition before?

A. No, I have not.

QO. Okay. You had the benefit in sitting through

your wife's deposition several weeks ago, correct?

A. Yes.

Q. If as Mr. Rice explained to your wife you

don't understand any of my questions, will you let me

know?

A. Yes.

Q. I assume if you answer my question, you would

have understood it.

So, again, so we're on the same page or

understanding, if you answer a question without telling

me that you didn't understand, I will assume that

you've understood it. Do you understand that?

A. Yes.

Q. Okay. Are you under any medication today that

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would in any way impede your ability to respond to any

of my questions?

A. No.

Q. “ Are you in good health?

A. Basically, yes.

Q. Are you taking any medications?

A. Yes, I am.

Q. And what are you taking?

A. I'm taking two things for blood pressure, and

I'm taking two things for allergies and one for

cholesterol.

Q. Tell me, if you wiil, your educational

background.

A. I graduated from high school 1976, went to

college at Western University, graduated there in 1980

with a degree in business administration. Then several

years later went back to school and had some ciasses in

graduate and also mostly accounting where i was getting

ready to sit for the CPA exam.

Q. And your work history, you went to work for

the federal government, I'm going to define the FAA as

the federal government for purpose of my question.

When did you go to work for the FAA?

A. I started to work for the FAA 1985 in January.

Q. Was that full or part time?

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A. That was full time.

Q. All right. Did you continue to work there

full time until the time you married your wife?

A. Yes.

Q. All right. And in what capacity did you work

from January of '85 until March of '92?

A. Can you --

Q. What was your job? What did you do?

A. In the very beginning I was just training to

be an air traffic controller. I eventually became an

air traffic controller.

Q. When did you become an air traffic controller?

A. Approximately a year and a half, two years,

maybe three years. I'm not sure. You go into stages

to get to that point and you're actually in, I guess,

an air traffic controller in training until you become

completely certified on all the positions that are

available at the time.

Q. And if I've asked this, let me apologize, but

you were full time from '85 January until you married

your wife in March of '92?

A. Yes, I was.

Q. Okay. Tell me what was the date you married

your wife?

A. March 21st, '92.

Lisa J. Mayo, LCR, RMR, CRR

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Q. And I understand this to have been your first

marriage.

A. Yes, sir.

Q. When did you and your wife start having

problems in your marriage in your opinion?

A. In my opinion it would have been over five

years ago, about six years ago now.

Q. Okay. And describe for me in your opinion

what those problems were.

A. I guess there was some different things,

probably we usually had disagreements about how to

discipline the children or -- then there was some

disagreements about how things should be handied in the

house maybe, and there was a disagreement in the

bedroom.

Q. I don't want to cut you off. There's a pause.

Did you finish your response or are there --

A. Yes.

Q. Okay. Let me ask you a few questions about

each one of the aspects you just referenced or

mentioned. You mentioned there was a problem about

discipline with the children.

A. Yes.

Q. All right. Describe for me, if you will, in

your own words what were the issues regarding

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discipline or the problems regarding discipline of your

children.

A. If I was having an issue with one of the sons,

regardless of what it would be, rather than back me up,

she would get in between it and make a change or, you

know, interfere with whatever the process was being --

was taking place.

Q. You mentioned there were problems in the

bedroom. Can you be more descriptive? Are you talking

about, I assume, intimacy?

A. Yes.

Q. And what were the problems that you're

referencing?

A. On one particular occasion, she felt like that

it was a bad time, and it had happened a couple times

before that, and so rather than me initiate intimacy in

the future, I asked her that -- if she would be the

person that started the intimacy when she felit like she

wanted to have intimate relations with me again.

Q. Was lack of intimacy a problem in your -- from

your perspective?

A. I would think so, yes.

Q. When's the last time you and your wife have

been intimate?

A. It's been over six years ago. It was probably

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prior to my 50th birthday.

Q. All right. Did she ever complain about lack

of intimacy?

A. No.

QO. Have you had intimate relations with anyone

other than your wife from the date of marriage to the

present?

A. No.

Q. Okay. To your knowledge has she had any

intimate relations or relationship with anyone other

than you from the date of marriage to the present?

A. Not to my knowledge.

Q. Okay. You also referenced in response to the

earlier question or one of the earlier questions about

problems that manifested themselves some six

approximate years ago. You used the terms “how things

were handled around the house." Do you recall that

terminology?

A. Yes.

Q. Tell me what you mean by that or what you're

describing in terms of it being a problem in the

relationship, please.

A. How things are handled in the house as such as

we collect containers to store food in. We have

cabinets full of things, the clutter that I would like

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to see cleaned up, that my chiidren live in a room that

sometimes you can't see the furniture. There are books

from pre-K and they're now, you know, 13 and 17, and

there are clothes in the closets where they need the

space that are from babies that were infants.

There are toys in some rooms that I feel

like she should be in other rooms. There are things

left that have been from her previous job at the public

schools. Those type of things around the house.

Q. During the marriage have there been periods of

time that you and she have had a housekeeper or a

service to assist in cleaning the home?

A. Yes.

Q. Do you currently have a service ora

housekeeper?

A. Yes.

Q. How long have you had -- strike that.

Is it a service or an individual?

A. I believe it's an individual and she uses her

mother or a relative to help her.

Q. What is that individual's name, if you know,

pleasé?

A. Mary -- I think it's Q-U-E-V-~A-S or something

like that.

Q. And how long has she been your housekeeper?

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A. I'd say she's been there at least five years.

Q. Okay. How often does she come?

A. Usually every two weeks.

Q. And has that been the circumstance for

approximately the last five years?

A. I believe so.

Q. Okay. Do you clean the home?

A. Can you be more specific?

Q. Do you assist in cleaning when there's clutter

in your children's rooms or what you've described with

the containers or whatever the problems you've

suggested? Did you assist in cleaning that up?

A. I have attempted to.

Q. Be more descriptive, if you will, when you say

you've attempted. What do you mean by that?

A. When I have attempted to clean or straighten

or -- I look at things and things that we could donate

or things that someone else could get better use out of

than us, and if I try to, rather than discard or donate

or whatever, then I'm told no, that I can't. That I

cannot do that, but as far as cleaning the home, I have

helped clean the home, yes.

Q. Okay.

A. I do the dishes most of the time. I do a lot

of laundry. I do all of my laundry. I clean some of

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the things that are harder to clean.

Q. By way of example, what do you mean by that?

A. Like

if there's a spill on the stove, that's

me. TI usually get to clean that up.

Q. Do you want a divorce?

A. I did not want a divorce, but I think now

that's probably the best thing.

QO. When

did you come to the realization that it's

now the best thing?

A. When

it came to me was the third session of

the counseling that me and Kelly went to.

ion Was that before or after she filed the

Complaint For

A. That

Q. Okay.

the Complaint

Divorce in November of last year?

was after.

Before November when your wife filed

For Divorce, did you and she go to

marriage counseling?

A. No, sir.

Q. Did you recommend or request marriage

counseling?

A. No, six.

Q. Did she?

A. I recall that she mentioned it maybe a couple

of years before.

Q. And did you refuse to go or why didn't the two

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of you go?

A. I refused to go.

Q. Okay. I may have asked this, and again, it's

just because my memory is sometimes questionable, but

let me make certain I understand. You worked full time

as an air traffic controller from '85, understanding

that there were a period of time that was training post

85 January, until I think was it November of last year?

A. Yes, sir, that's correct.

Q. All right. And did you work a set schedule

notably after March of '92 when you married your wife

or did the scheduie vary from time to time in terms of

what was -- what was defined as full time?

A. No, full time is 40 hours a week.

Q. Okay.

A. But the schedule itself, the hours that I

worked, yes, varied greatly.

Q. Okay. And would they vary from month to month

or week to week or how would they vary over what period

of time?

A. At one point in the -- in my career, every

eight weeks my days off changed. They rotated

backwards.

Q. Okay.

A. So from Monday Tuesday, I went to Sunday

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1s

Monday. So that's one way it changed. There were also

others where at one point we worked four ten-hour

shifts. Then there was a point in time where I worked

four nines and an eight and then four nines and off

three. Then there was a point in time I worked

eight-and-a-half-hour shifts and then worked a six-hour

mid for the fifth day. So yes, it varied quite a bit.

Q. After the children were born, would it be

typical that you would work five days a week or did

that just vary depending upon what the schedule was in

terms of hours per day?

A. As an air traffic controller you can only work

the max ten hours in any one day.

Q. Okay. All right.

A. So if you consider five days five shifts, then

I'm always going to work five days.

Q. Okay. So I guess my question is you

mentioned -~ and I want to be certain that I'm

understanding -- that there were periods where you may

have worked, I thought you said four ten-hour shifts.

Was that the norm or the exception to the norm?

A. That would have been the exception to the

norm.

Q. So typically you would work five shifts,

meaning five days a week; is that a fair statement?

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A. Five shifts, yes.

Q. All right. Would five shifts equate to five

days of the workweek, meaning five of seven days?

A. I don't know. T would have to explain it to

you a little bit better.

Q. Okay. Do, please.

A. It's just like one shift would be -- if it was

back to what most of the people worked, we'd usually

work one evening shift.

Q. Okay.

A. Then another evening shift. Then a quick turn

around and do a day shift or a nooner and then the next

day would be a day shift and then the majority of the

people are going to go back out that night in the

fourth 24-hour period and work from that night to the

following morning.

Q. That helps explain it. Okay.

And so was there any set shift you would

work or did the shifts vary after the children were

born as part of the five? Meaning you didn't work by

way of example, 8:00 to 3:00 five days a week, you may

work a day shift, then an evening shift, then a night

shift. It may vary. Is that correct?

A. It could vary. It would depend. Sometimes

you might swap with somebody that needed the shift, but

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the majority of the time there were two quick

turnarounds every week and sometimes you would work a

mid shift on the fifth day. Sometimes you would not.

You might be scheduled a day shift or you might be

scheduled overtime.

Q. Let's take the three years by way of example

before you retired, okay. Did you work a set schedule

or did again that three years before you retired, the

schedule vary from time to time?

A. And can you explain what do you mean by

schedule, days off?

Q. Correct.

Did you work the same like day one this,

day two that, day three this, day four that, day five

that? I'm trying to understand from your perspective

as best you can describe it ~- and I understand it may

be difficult -- what the schedule was.

A. I mean, the days off were basically the same.

Q. Okay.

A. Which would have been Friday, Saturday.

Q. Okay.

A. The shifts themselves varied slightly. The

usual schedule would been a 2:30 or somewhere close to

that to a 10:30 on your Sunday. A lot of times I tried

to get that shift moved to a four to midnight so that I

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would have more time at home. Made a little tougher to

come back the next day, but you know -- or get up the

next morning to take them to school but then the next

day was usually an evening shift.

Q. And what would --

A 1:30 to 9:30.

Q. Okay. That would be a Monday?

A A Monday.

Go ahead.

Be HO

Sometimes I would try to get that changed

earlier, if there was something going on that evening

that I could go to, a soccer game or whatever, but that

didn't happen a lot. Then Tuesday morning was usually

a 6:30 to 2:30. Wednesday morning almost always was a

6:00 to 2:00 in the morning because if I had the mid

shift that night, there had to be eight hours between

shifts. So I would go back out at 10:15 that night and

get off at 6:15 the following morning which would be

Thursday morning. Now that was the majority of the

time, but like I said, there was always changes.

Q. When you say "the majority of the time," would

that be the majority of the time even from the

children's birth until you retired?

A. No. I don't know -- you would have to -~

majority of time depending on what shift I was working.

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When I talked about four tens, that went for weeks and

weeks at a time. That may have been months.

Q. Okay.

A. Different positions that I had while I was

there as an air traffic controller, I was doing other

jobs but so then I would have a different shift. There

was a time where I worked straight days because of the

position I was holding for probably six months. Now I

don't know if that was prior to the birth or previous.

Q. All right. Did your work schedule, given that

it was varied in terms of the hours, did it cause you

to have an atypical sleep schedule? When would you

sleep?

A. You sleep when you get a chance usually, and

by having such an odd schedule, it was pretty easy to

lay down and go to sleep just about any time; but then

again, with the type of job that I had, sometimes

coming home at midnight after one of those days, you

can't just lay right down and go to sleep. It takes a

little time to unwind. So yes, it would be cause to

have irregular sleep patterns.

Q. Did your wife historically work outside of the

home after you-all were married?

A. Yes, I would say so.

Q. Were there periods of time -- let's talk about

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each child. Your oldest son is Logan, correct?

A, : Yes,

Q. And Logan's date of birth is?

A. 3-8-97.

Q. And did your wife take any time off after

Logan was born for maternity leave or -- let me strike

that.

Was she working outside the home at the

time Logan was born?

A. I think she was. I think she was in gradu

school.

Q. Okay. And I'm not suggesting being in

graduate school is not working. Did she have

employment other than school?

ate

A. She had employment, yes.

Q. Do you recall what she was doing workwise?

A. No, I do not.

Q. Okay. After Logan was born did your wife take

any time off from school or work?

A. I don't think so, not more than maybe a week

or two, I don't think she took an extended amount of

time.

Q. Was she working full time or part time if you

recall?

A. I don't really recall.

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Q. Okay. Do you recall where she would have been

working after Logan was born?

A. No.

Q. How long as best you know has your wife been

at Hutchison?

A. Probably seven, eight years maybe.

Q. And how would you describe her schedule at

Hutchison? Does she work a 1l2-month year, a nine-month

year, mumber one; and number two, when does she

typically leave the home and what time does she

typically get home?

A. I don't think that she works -- I think she

works more than nine months.

Q. Okay.

A. It's not 12 months.

Q. Yes, sir.

A. And typically she would ieave the house in

time to get to work at somewhere close to nine o'clock.

Q. Okay.

A. Depending on what she had afterwards, if she

was part of the dance team or at one point she was

helping with the track team, those would keep her

later, but typically she would get home somewhere after

5:00, around 5:00.

Q. Where did she work preceding Hutchison?

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A. She worked for the public schools.

Q. And do you recall when she went to work at the

public schools or with the public schools?

A. No, I do not remember specific time.

Q. Was it before or after Kellen was born?

A. I'm not sure.

Q. Okay. And was she full time with the public

schools?

A. Yes.

Q. And what were her hours as best you recall

with the public schools before she went to Hutchison?

A. TIT think it would depend on the schooi that she

was at, what time they started.

Q. Can you give me your best approximation,

recognizing it may have been, by way of illustration,

7:00 versus 8:00 versus 9:00 depending upon the school,

and it may vary an hour or two in the afternoon. I

understand that, but your best approximation of her

hours?

A. I would think it was probably 8:00 to 4:00

most of it.

Q. When she was at the public schools, were your

children likewise in school?

A. I would say some of the time, yes.

Q. Okay. And when she worked at the public

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schools, did she work in the summer as well or did she

have summers off?

A. I believe she had summers off.

Q. And likewise, at Hutchison, did she have

summers off?

A. I would say most of the time.

Q. Okay.

A. I mean, there was some things that she had to

do during the summer.

Q. Okay. Do you recail where she worked prior to

the public schools?

A. Yes, but I can't remember the name of it.

Q. Okay. Was it -- what type of business?

A. It was retail, I believe, but it was also in

the buying office.

Q. Okay. I'm going to work backwards for just a

second. Was your sleep depravation ever -- strike

that.

Was sleep depravation ever an issue for you

‘in the marriage?

A. I really don’t understand your question how it

would be.

Q. Did you ever have problems that you had to

take medication for sleeping, issues falling asleep,

issues staying asleep where you had to take any

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medication?

A. No, I don't believe so.

Q. Okay. We discussed a few minutes ago that you

retired in November of '13, correct?

A. Yes.

Q. And did you attempt to extend your employment

beyond -~ I think you were 56 then; is that correct?

A. Yes, two questions there.

Q. All right. Correct. Why did you retire?

T'li make it easier. Why did you retire?

A. By law I'm forced to retire at age 56 if

you're working air traffic controller, live traffic as

an air traffic controlier. At the last day of the

month when you turn 56, it's forced separation.

Q. And you turned 56 November 12th?

A That is correct.

Q. of '13?

A Yes, sir.

Q. Did you take any steps or measures to try to

continue your employment beyond age 56?

A. Yes, sir, If did.

Q. What did you do and when did you do that?

A. I made two different efforts. One, to apply

for something that's called a 56 waiver, which at some

point in time they were approving some. I also applied

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for a different position that put

control room that would alieviate

at age 56.

Q. What's the process? You

for those positions, I assume, or

that correct?

A. Yes.

Q. Do they interview you or

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me outside of the

me being forced out

submit an application

those waivers; is

meet with you to

converse about what you want to do and why you want to

do it beyond 56, whether it be changing positions or

staying in the same position but the waiver beyond 56?

A. It was no interview with the age 56 waiver.

Q. Okay.

A. There was an interview with the other job

position.

QO. And the result of the other job position, I

assume you didn't get the position. Is that a fair

statement?

A. Yes.

Q. Did they tell you why not?

A. No.

Q. And the waiver, I assume you didn't get the

waiver?

A. That is correct.

Q. And how long could you have procured the

Lisa J. Mayo, LCR, RMR, CRR

lisamayo@mayoreportingservices.com

24

25

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waiver? Is it for six months, a year, five years? How

does that work?

A. It is a one-year waiver.

Q. Okay. Could you reapply for a waiver if you

get it the first time, meaning can you work as an air

traffic controller for ten years beyond 56 or is there

some limitation?

A. I do not know.

Q. Couid you go back now and submit another

request for a waiver after you've been denied?

A. No.

QO. Okay. Let me share with you --~

A. Let me make one correction.

Q. Sure. Sure.

A. The answer was correct, but you added been

denied, it's not because I was denied. It's because

that I've been separated from the agency. That's why I

could not go back and do that, but there are

restrictions as to when you can apply for an age 56

waiver. It is within the last six months of your

employment.

Q. Yes, sir.

A. And then after that, if it's not approved

you're going to be separated and you would have no

other choice or no other opportunity to apply. Tf it

Lisa J. Mayo, LCR, RMR, CRR

lisamayo@mayoreportingservices.coni

27

was approved then you could reapply the following year

and I do not know if there's a limit.

Q. Okay. Let me be certain I understand your

response. You were not granted a waiver. We've

addressed that, correct?

A. Correct.

Q. As a result of that, you've not been an air

traffic controller since the end of November of '13,

correct?

A. Correct.

Q. As I understand your response, you therefore

can't request an additional waiver after one has been

denied, not because it was denied but because you

haven't been functioning as an air traffic controller

for some period of months?

A. You are correct, but the way you're stating it

is not correct. It's not that I have not been an air

traffic controller. It's because I have been separated

from the agency and no lionger employed by the agency

and I cannot reapply once I've been separated from the

agency.

Q. All right. So you couldn't go back and

request a waiver?

A, No, sir.

Q. Okay. All right. Let me hand you --

Lisa J. Mayo, LCR, RMR, CRR

lisamayo@mayoreportingservices.com

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