Opinion

Brown v. King County

Court
District Court, W.D. Washington
Filed
Jun 7, 2021
Cited by
0 cases

The opinion

1 The Honorable Thomas S. Zilly

2

3

4

5

6

7

UNITED STATES DISTRICT COURT

8 WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

9

CLAUDE BROWN, )

10

) Case No. 2:16-cv-01340-TSZ

Plaintiff, )

11

) JOINT PRETRIAL ORDER

12 vs. ) STATEMENT

)

13 KING COUNTY, ) TRIAL DATE: June 14, 2021

Defendant. )

14

)

15

16 Pursuant to Local Rule 16(h), the parties submit the following Joint Pretrial

17 Statement.

18 I. JURISDICTION

19 The parties agree that jurisdiction is vested in this court by virtue 28 U.S.C. § 1331

20

(federal question jurisdiction) and 28 U.S.C. § 1367 (supplemental jurisdiction over state

21

law claims). Therefore, subject matter jurisdiction is proper under federal law.

22

II. CLAIMS AND DEFENSES

23

1 Plaintiff Claude Brown will pursue the following claims at trial:

2 1. Defendant King County discriminated against plaintiff Claude Brown on the

3 basis of his race when denying him promotion to Rail Supervisor in Training positions

4

between 2011 in October 2012 and/or May 2014.

5

2. Defendant King County discriminated against plaintiff Claude Brown on the

6

basis of his race when removing him from his special duty assignment to Acting Technical

7

Trainer in July 2013.

8

3. Defendant King County retaliated against plaintiff Claude Brown because he

9

complained about racial discrimination internally and with the King County Office of Civil

10

Rights when denying him promotion to Rail Supervisor in Training positions between 2012

11

and 2014.

12

13 4. Defendant King County retaliated against plaintiff Claude Brown because he

14 complained about racial discrimination internally and with the King County Office of Civil

15 Rights when removing him from his special duty assignment to Acting Technical Trainer

16 in 2013.

17

5. In discriminating against plaintiff, defendant violated the Washington Law

18

Against Discrimination, R.C.W. 49.60 et. seq. and 42 U.S.C. § 1981.

19

6. In retaliating against plaintiff, defendant violated the Washington Law

20

Against Discrimination, R.C.W. 49.60 et. seq. and 42 U.S.C. § 1981.1

21

22

1 Defendant objects to plaintiff’s vague and overly broad statement of the claims at issue in this

23 case after its remand. As defendant will discuss further in its trial brief, and as this Court has already

held, the statute of limitations cuts off claims from before July 25, 2012 under 42 U.S.C. § 1981

1 Defendant King County will pursue the following affirmative defenses at trial:

2 1. Plaintiff has failed to state a claim upon which relief may be granted.

3 2. Plaintiff’s claim is barred by the applicable statute of limitations.

4

3. Plaintiff has failed to mitigate his damages, if any exist.

5

4. Defendant’s employment practices are now, and have been during the

6

period of time referred to in the complaint, conducted in all respects in accordance with

7

local, state and federal laws, regulations and constitutions.

8

5. Defendant acted in good faith and on the reasonable belief that it was acting

9

in accordance with the law.

10

III. ADMITTED FACTS

11

1. Plaintiff Claude Brown is African-American.

12

13 2. Plaintiff was hired by the King County Department of Transportation in

14 November 1997 as a part-time employee.

15 3. King County operates the King County Department of Transportation, which

16 supplies employees to operate Link Light Rail trains throughout the county.

17

4. In April of 2000, plaintiff became a full-time Transit Operator.

18

5. Plaintiff began working for the King County Department of Transportation

19

Division Rail Section in February of 2009.

20

21

22

and from before May 26, 2013 for claims under the Washington Law Against Discrimination,

23 R.C.W. 49.60.

1 6. In October 2012, plaintiff applied for a Rail Supervisor in Training position

2 with the job number 2012-02634. Plaintiff was not selected to test or interview for the

3 position.

4

7. Three candidates were selected for the October 2012 RSIT position, they

5

were John Kwesele, Santiago Maciel, and Jeff Wachtel.

6

8. On March 24, 2013, plaintiff filed complaint number 13-03-04 with the King

7

County Office of Civil Rights (“KCOCR”) alleging racial discrimination by defendant.

8

9. Plaintiff’s March 24, 2013 KCOCR complaint constituted protected activity.

9

10. On May 15, 2013, King County posted a Job Bulletin for a Rail Technical

10

Trainer position. No one applied for the position.

11

11. On June 21, 2013 Amanda Nightingale, Assistant Superintendent of

12

13 Organizational Development and Training, sought letters of interest from current Rail Line

14 Instructors interested in an acting detail to cover the duties of the Rail Technical Trainer

15 position.

16 12. On Friday, June 28, 2013, Tom Jones notified Mr. Brown that he would be

17

placed in the Acting Technical Trainer (“ATT”) detail beginning July 2, 2013.

18

13. Plaintiff began his Acting Technical Trainer detail on July 2, 2013.

19

14. On July 10, 2013, Amanda Nightingale notified plaintiff that his Acting

20

Technical Trainer detail would end on Friday, July 12, 2012.

21

15. On Monday, July 15, 2013, Ms. Nightingale placed Kevin Gumke into the

22

Acting Technical Trainer detail.

23

1 16. On April 18, 2014, plaintiff applied for an RSIT position with the job number

2 2014IMM03875.

3 17. On May 19, 2014, Ivette Martinez-Morales notified plaintiff that his

4

application materials for job number 2014IMM03875 “were incomplete and/or did not

5

include all required information.”

6

IV. ISSUES OF LAW

7

Plaintiff proposes the following issues of law to be determined by the Court:

8

1. Whether evidence demonstrating a pattern of racial discrimination and

9

retaliation by the testimony of other employees is admissible to show intent to

10

discriminate by defendants.

11

2. Whether plaintiff is entitled to an award of costs and attorneys’ fees, and if

12

13 so, what amount?

14 Defendant proposes the following issues of law to be determined by the Court:

15

16

17

18

19

20

21

22

23

1 1. Whether plaintiff may introduce evidence regarding positions he applied for

2 and discipline he alleges he suffered from before the statute of limitations cut offs and, if

3 so, whether plaintiff is entitled to a limiting instruction to prevent juror confusion over the

4

true claims at issue in this lawsuit.

5

2. Whether plaintiff may introduce evidence of alleged retaliation and

6

discrimination he either did not plead, or that was specifically not remanded by the

7

appellate court.

8

3. Whether plaintiff may introduce evidence of protected activity, namely his

9

January 2014 KCOCR complaint and April 11, 2016 amended KCOCR complaint, which

10

he did not plead.

11

12

V. EXPERT WITNESSES

13

Neither party disclosed experts pursuant to FRCP 26.

14

VI. OTHER WITNESSES2

15

The names and addresses of witnesses, other than experts, to be used by each party

16

at the time of trial and the general nature of the testimony of each are:

17

A. Plaintiff’s Lay Witnesses

18

19

20 2 Defendant objects to Plaintiff’s late addition of more previously undisclosed witnesses and requests that the witnesses

be barred from testifying at trial. Plaintiff first provided his Pre-Trial statement to defendant on April 16, 2021 with

21 38 witnesses. On May 16, 2021 Plaintiff provided an updated version of the Pre-Trial statement with updated expected

testimony for all witnesses. Plaintiff withdrew four witnesses (Michael Avery, deceased; Tom Jones, deceased;

Vendetta Brown, undisclosed; Alicia Brown, undisclosed) and belatedly added an additional six new witnesses (Maria

22

Stafford, Robert Fisher, Virginia Frazier, Balwinder Singh, Steve Chichester, Neal Safrin). Plaintiff failed to list four

of these individuals as a witness or previously disclose them in discovery (Stafford, Fisher, Frazier, and Singh).

23 Plaintiff failed to list Mr. Safrin as a witness and his disclosure of him as someone who might have facts related to

Plaintiff’s complaint was insufficient notice that he would call him as a witness at trial.

1

Claude Brown Plaintiff will testify about his work history

2 || | King County Rail Operator and experience and the racial discrimination

c/o Civil Rights Justice Center, PLLC and retaliation he experienced and witnessed

| 2150 North 107" St. Ste. 520 at the hands of defendant. He will testify

4 Seattle, WA 98133 about the emotional harm and mental

(206)557-7719 anguish he has suffered as a result of

5 defendant’s actions.

Will Call

6 || | Frank King Mr. King is a retired employee of King

King County Rail Operator County. He will testify about his experiences

7 || | PO Box 78519 of racism and retaliation at King County Rail

Seattle, WA 98178 and about instances of racial discrimination

8 || | (206) 228-1462 against plaintiff and other people of color that

he witnessed. He will further testify about his

| Will Call experiences of filing complaints of racial

discrimination and of retaliation and

10 ;

management’s reaction to them.

11 || | Breceteaing Mr—Laingis—a_tetired_emptoyee—of King

206}949-7869 County He-maytest the-diserunimation

ae

Will Cal i f © laaeea □

13 less-experience-and+elevantwerkhistery He

14 ¥ ay:

i DC ye □

15 sromotions and racial remarks he heard.

Karen Rispoli Ms. Rispoli may testify about the racial

161) | 4045 Delridge Way, SW #300 discrimination plaintiff faced □□ the

7 Seattle, WA 98106 workplace, including being passed over for

206-301-2288 promotion in favor of candidates with less

18 experience and relevant work history. She

Will Call may testify about the formal and informal

19 practices within King County Department of

Transportation (KCDOT) regarding

20 promotions and in_- general how it

discriminates. She will also testify about the

21 racial slurs she witnessed and management’s

reaction to them.

221) | Chris McClure Mr. McClure may testify to being the subject

73 253-314-1926 of racially-motivated ‘pranks’ while at King

County Department of Transportation and can

JOINT PRETRIAL ORDER STATEMENT - 7 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Name Expected Testimony

Will Call testify to being informed by the Rail

2 Superintendent that plaintiff’s RSIT

application was deliberately rejected. He may

3 testify about the formal and informal practices

within King County Department of

4

Transportation (KCDOT) regarding

promotions.

5

Daryoush Hakki Mr. Hakki may testify to assisting plaintiff in

6 King County Supervisor his complaints of discrimination by

accompanying plaintiff to KCOCR meetings.

7 Will Call He may testify to his conversations with

plaintiff about the discrimination he was

8 facing.

Kavin James Mr. James may testify to discrimination

9 King County Employee plaintiff suffered in the workplace as well as

his own experiences filing a grievance against

10

Will Call King County through KCOCR and KCDOT’s

response to his grievance. He may testify

11

regarding the RSIT recruitment process and

12 his complaints to management through his

union regarding that process. He may testify

13 to his own experiences of racial

discrimination including instances of being

14 rejected for promotion in favor of less-

qualified white candidates. He way also

15 testify about how the criteria for the RSIT

position kept changed making it difficult to

16 qualify.

Bigyon Pratap Mr. Pratap will testify to being a supervisor in

17

King County Employee training who was suddenly released from his

18 position when plaintiff’s KCOCR complaint

Will Call was sent to management in its entirety. He

19 may testify regarding the RSIT recruitment

process and formal and informal practices

20 regarding promotions within KCDOT. He

will also testify about how he was promised

21 the next available RSIT position.

John Kwesele Mr. Kwesele will testify to his own

22 Former King County Employee experiences of racial discrimination while at

(206) 940-5062 King County Department of Transportation

23

genai32@hotmail.com Rail, his experience of complaining about

1

discrimination to management, and

| Will Call KCDOT’s response to his complaints. He has

personal knowledge of what plaintiff did and

3 was asked to do during the short time he was

4 an Acting Technical Trainer.

Shereese Braun Ms. Braun personally knows plaintiff and

5 || | 206-499-7833 may testify as to his damages.

35400 18 Ave SW

6 || | Federal Way, WA 98023

7 || | Will Call

Maria Stafford Ms. Brown personally knows plaintiff and

8 || | (206) 947-7809 may testify as to his damages

7560 120" St.

9 || | Seattle, WA 98178

10) | will Call

11 || | Virginia Frazier Ms. Brown personally knows plaintiff and

(253) 255-0540 may testify as to his damages.

12 || | 32607 46" Ct. SW

Tacoma WA 98405

13

Will Call

14 || | Jefferson Eussell Mr. Eussell is a coworker of plaintiff’s and

206-854-3715 may testify about the disparate treatment Rail

I5 employees receive from

Will Call supervisors/management based on his race.

16 . .

He may testify to general practices and

17 procedures within KCDOT, including

interactions between supervisors and the staff

18 they manage.

19 || | 296}554-3220 Raitand cantestifte-plaintiffs abtities-and

B12 ecko □□□

KCDOF

| Wilt Galt

Dlecreage will taped a Ma ok 12a OnE=r OF Plaintt aad □□□

23 || | *fornation whem andif possible employees —_feeetve——__ □□□□

eee vo aN :

JOINE PRETRIAL ORDER STATEMENT - 9 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Expected Testimon

WHat

bdibrahi Ma Ibrahim J faced intmidati

fu SBE

4 g . □□ .

206)832-7593 racial discrumination He can testifytoformalt

5 and —informal —practices—and— procedures

SrenAS

6 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

7 jyob—deseripties—et——__and_—Fieeessary

8 . . . .

Ser T 1 . a om □

KCDOE he_| its □□□ ned

10 Arh oh ha amine neruca

wu —— ree y — : —

11 ) rene Heeey Sti P

Plaintiff —vwill sa) fy-t0-his abil Laualifj

L Lif bl

13 Walt Call

Sandra Ded Ms. Dodeo is fami ahd

14 . . . . . . .

safe ir □ ‘Al Rail SI if

Will Cal . er PRRe □

16 i . | thei ce

17 >pPpe "SK

KEDOE

18 || | Erin Clarke Ms. Clarke is a former Rail supervisor and a

Retired Rail Supervisor person of color; she can speak to the

19 || | 206-841-4700 environment of racial discrimination at King

moon_glow_merchants@hotmail.com County Metro, to the recruitment process for

20 rail supervisors, to the job description of and

Will Call necessary qualifications for being a rail

21 supervisor, and to general practices within

9 KCDOT _ regarding promotions and

interactions with supervisors. She can also

3 testify to career advancement within KCDOT

JOINT PRETRIAL ORDER STATEMENT - 10 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107® Street, Suite 520

Seattle, Washington 98133

1

2 a supervisor.

Kevin Goodman Mr. Goodman may testify about benefitting

3 King County Rail Operator from less discipline in the workplace because

4 206-353-4327 of his race, and about conversations with rail

manager Michael Avery about discrimination

5 || | Will Call based on race. He may further testify to

formal and informal practices and procedures

6 within KCDOT regarding promotions and

interactions with supervisors.

7|| | John Dipbl “Dj —

ort

8 Rmecounty-ses HSE

□

10 i 1; pA 1G . □□

M1 — —

Balwinder Singh Mr. Singh is a former coworker of plaintiff's

12 || | Former King County employee and may testify to the discrimination he has

(206) 245-3199 faced as a person of color working for

13 || | bsingh@comcast.net KCDOT. He may testify to the environment

balwinder5@yahoo.com of racism within the department, to

14 interactions between supervisors and

Will Call operators, and to formal and _ informal

15 practices and procedures within KCDOT.

16 Robert Fisher Mr. Fisher 1s a life-long friend of plaintiffs

13707 SE 275" PI. that may testify to the impact of defendant’s

17 Kent, WA 98042 actions on plaintiff's mental health, emotional

(206) 290-1560 well-being, and social relationships.

18

Will Call

19 || | Steve Chichester Mr. Chichester is a Union Shop Steward with

Shop Steward (Amalgamated Transit the Amalgamated Transit Union (ATU), to

20 |) | Union) which plaintiff belongs. He may testify to

Will supplement with contact information grievance hearings he attended with plaintiff,

21 |! | when possible to plaintiffs complaints of □ racial

discrimination, the RSIT recruitment process

| will Call and his removal from his ATT assignment. He

23 may also testify regarding other complaints of

racial discrimination ATU has been involved

JOINE PRETRIAL ORDER STATEMENT - 11 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1

in with or on behalf of its members, and to

2 interactions between plaintiff and other transit

operators and supervisory staff.

3 He will also testify as to the various position

plaintiff applied for and what the current

4 .

salaries are for those positions as well as other

5 positions in management.

Neal Safa ;

‘ . . y* ¥ □□

“Suite 23¢ E

7] | Seattle WA9812 5 4 □

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pe soe al diserionimation. HL le □□

lcctentwat hat avolved wit

10 behalf of

1] pate 4

12 || | Kevin Gumke Mr. Gumke may testify about the Acting

King County Employee Technical Trainer position he was appointed

13 to on July 10, 2013, the benefits of that and

Will Call other special duty assignments to his career

14 with KCDOT, and career advancement within

KCDOT including practices and procedures

15 regarding promotion. He may also testify as

to his interactions with Amanda Nightingale

16 and Tom Jones before, during and after his

7 ATT assignment.

Terry Rhoads Mr. Rhoads may testify about the Acting

18 || | Rail Chief of King County Metro Technical Trainer position plaintiff was

King County Prosecuting Attorney removed from on July 10, 2013. He may also

19 || | 500 Fourth Avenue, Ste 900 testify about the RSIT recruitment process,

Seattle, WA 98104 which in 2012 he directly participated in as a

20 || | 206-296-8820 “subject matter expert.”. He may further

testify to career advancement opportunities

21}! | Will Call within KCDOT, practices and policies around

promotions, and _ interactions between

22 supervisory staff and transit operators.

SS [earns

King County Human Resources RSIT selection processes that took place in

JOINE PRETRIAL ORDER STATEMENT - 12 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Name Expected Testimony

2013 and spring 2014. She may testify about

2 Will Call why plaintiff’s application in 2014 was

deemed incomplete. She may also testify

3 about her involvement in plaintiff’s KCOCR

complaints as well as her knowledge of

4

plaintiff and the 2013 Acting Technical

Trainer position.

5

Silvette Lee Ms. Lee may testify about the RSIT selection

6 Human Resources Analyst processes between 2011 and 2014. She may

also testify about the RSIT application

7 Will Call filtering process, which she was in charge of

during October 2012.

8 Hollie Alejandria Ms. Alejandria may testify about plaintiff’s

King County Operations complaints of racial discrimination and

9 Administrative Specialist retaliation and to KCDOT’s response to

plaintiff’s complaints, including to the

10

Will Call grievance hearings she was present for. She

may testify to plaintiff’s assignment to the

11

Acting Temporary Trainer position, to the

12 general relationship between supervisors and

operators, to standard administrative practices

13 at KCDOT, and to environment at KCDOT

with regard to racism and complaints of

14 discrimination.

Jim Meith Mr. Meith may testify about complaints of

15 King County Human Resources discrimination and retaliation made by

plaintiff, about King County’s responses to

16

Will Call these complaints, and about the role of human

resources personnel including Ivette

17

Martinez-Morales in formally responding to

18 plaintiff’s KCOCR complaints.

David Vestal Mr. Vestal may testify about plaintiff’s

19 King County Rail Operations Chief complaints of racial discrimination and

retaliation. He may also testify about the 2014

20 Will Call RSIT recruitment process, during which

plaintiff’s application was deemed

21 incomplete. He may testify to the general

environment at KCDOT with regard to race,

22 to interactions between supervisory staff and

operators, and to career advancement within

23

KCDOT.

1

Amanda Nightingale Ms. Nightingale may testify about the Acting

2 || | King County Rail Operations Chief Technical Trainer position plaintiff was

removed from in July 2013. She may also

| Will Call testify about the RSIT selection process,

4 including the October 2012 selection process

in which she participated as “subject matter

5 expert” and her role in scoring RSIT

applications. She may testify to her

6 interactions with plaintiff and other operators,

including Kevin Gumke, her decision to

7 replace plaintiff with Kevin Gumke for the

purposes of his ATT assignment, and to

8 career advancement within KCDOT and the

benefits to holding a supervisory position.

9 || | Rachel Price Ms. Price may testify about the disparity in

King County Streetcar Supervisor treatment, including regarding discipline and

10 promotion, that King County employees

1 Will Call experience based on race. She may testify to

general career advancement and promotional

12 practices within KCDOT, the requirements of

a supervisory position, and the benefits to

13 becoming a supervisor.

Jeff Wachtel Mr. Wachtel can speak to special assignments

14 || | Operations Chief LCC and promotions within Rail and supervisory

Light Rail—King County Metro practices. He may further testify to career

13 || | jeff,wachtel@soundtransit.org advancement opportunities within KCDOT,

(206) 852-3023 practices and policies around promotions, and

16 interactions between supervisory staff and

7 Will Call transit operators.

18 || | Keng County Ratt Operations Chief process —within —King County Metro; □□□

€/O-CountyPresecuters Office supervisery_practices-_and _cultureand racial

19 || | Seripttlaw-GroupPLEC □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□

5 Ste we hy

20 || | Seatthe 98104 KCDOFT—and—_the—benefits—of _heldins—a

206-676-7006 . tion.

21

Wate-Calt

22 Keith Sherry Mr—Sherry—maytestifyabout management

a|lscetemmie i ana

eee u Sa rareerme

JOINE PRETRIAL ORDER STATEMENT - 14 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Name Expected Testimony

C/O County Prosecutor’s Office promotions and the culture of racial

2 Summit Law Group PLLC discrimination

315 5th Ave S. Ste. 1000

3 Seattle WA 98104

206-676-7000

4

Will Call

5

Brian Matthews Mr. Matthews is a coworker of plaintiff at

6 Sound Transit Employee King County Rail who is familiar with his

401 South Jackson Street work abilities and qualifications. Mr.

7 Seattle, WA 98104 Mathews is also familiar with the RSIT

(206) 398-5000 recruitment process from his own application

8 to that position. He may testify regarding the

Will Call RSIT recruitment process, the requirements

9 of the RSIT position, and the benefits

associated with being promoted to RSIT or a

10

supervisory position.

Daniel Matthews Mr. Matthews is a coworker of plaintiff at

11

Supervisor at King County Rail King County Rail who is familiar with his

12 work abilities and qualifications. He is further

Will Call familiar with the recruitment process for

13 supervisory positions and may testify to

formal and informal practices and procedures

14 within KCDOT regarding promotions, as well

as interactions between operators and

15 supervisors. He may testify to career

advancement within KCDOT and the benefits

16 of attaining a supervisory position.

17

18 Plaintiff reserves the right to call any witness listed by defendant and any necessary

19 rebuttal witnesses.

20 B. Defendant’s Lay Witnesses

21 Witness Nature of Testimony Status

22

Terry Rhoads He will be called to testify about his knowledge Will call

Transit Chief – Rail of facts and actions related to plaintiff’s

23

Operations complaints, division practices and policies.

1 Witness Nature of Testimony Status

2 c/o undersigned counsel

David Vestal He will be called to testify as to his knowledge of Will call

3 Rail Operations Chief the facts and actions related to plaintiff’s

c/o undersigned counsel complaints, division practices and policies.

4

Amanda Nightingale She will be called to testify about her knowledge Will call

Transit Section of facts and actions related to plaintiffs’

5

Manager complaints, division practices and policies.

6 c/o undersigned counsel

Ivette Martinez- She will be called to testify about her knowledge Will call

7 Morales of facts and actions related to plaintiff’s

Employee and Labor complaints, division practices and policies.

8 Relations

Representative

9 c/o undersigned counsel

Silvette Lee She will be called to testify about her knowledge Will call

10

Employee and Labor of facts and actions related to plaintiff’s

Relations complaints, division practices and policies.

11

Representative

12 c/o undersigned counsel

Hollie Alejandra She will be called to testify about her knowledge Will call

13 Transit Chief - Rail of facts and actions related to plaintiff’s

Operations complaints, division practices and policies.

14 c/o undersigned counsel

Kelli Williams She will be called to testify about her knowledge Will call

15 (in place of John of the King County Office of Civil Rights and

MacDonald, deceased) Open Government (“KCOCR”) procedures and

16

Former Director King practices. Ms. Williams issued both the

County Office of Civil KCOCR’s 2014 Notice of No Reasonable Cause

17

Rights and Open Finding and the 2015 Notice of Reasonable

18 Government Cause Findings.

c/o undersigned counsel

19 Claude Brown Claude Brown is the plaintiff in this matter and Will call

Plaintiff may be called to testify as to his knowledge of the

20 c/o plaintiff’s counsel facts and circumstances leading up to and

surrounding the incidents referred to in his

21 complaint and the liability and damages in this

case.

22

Adrienne Leslie Adrienne Leslie is the Transit Human Resources May Call

Department Director - Manager with the King County Metro Transit

23

DHR Department. She may be called to testify about

1 Witness Nature of Testimony Status

2 c/o undersigned counsel her knowledge of facts and actions related to

plaintiff’s complaints, division practices and

3 policies, and pertinent rules, regulations and

laws.

4

Jamie Stoops Jamie Stoops is an Employee & Labor Relations May Call

Employee and Labor Representative with the King County Metro

5

Relations Transit Department. She may be called to testify

6 Representative regarding the policies and procedures the

c/o undersigned Department uses, her knowledge of the facts and

7 Counsel circumstances leading up to and surrounding the

incidents referred to in plaintiff’s complaint, and

8 the liability and damages in this case.

Kevin Gumke He may be called to testify about his knowledge May Call

9 Transit Supt. – Rail of allegations raised in this case.

Training

10

c/o undersigned

counsel

11

James Moreau James Moreau was an Employee and Labor May Call

12 c/o undersigned Relations Representative with the King County

counsel Metro Transit Department. He may be called to

13 testify regarding the policies and procedures the

Department uses, and his knowledge of the facts

14 and circumstances leading up to and

surrounding the incidents referred to in

15 plaintiff’s complaint.

16

King County reserves the right to call any witness listed by plaintiff and any

17

necessary rebuttal witnesses.

18

VII. EXHIBITS

19

Plaintiff reserves the right to offer any exhibits listed by the defendants if it

20

becomes necessary during the course of the trial.

21

A. Plaintiff Brown’s Exhibits:

22

23

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

(igecume [TTP

Operator View

Video

6 3 | 11/29/2010 Letter from | KC-CB-

King to Avery with 006763 —

7 exhibits (7 pages) KC-CB-

006769

8 4 | 2/11/2011 Letter from KC-CB-

King to Avery (2 pages) | 006806 —

? KC-C-

10 006807

5 | 12/22/11 Letter of KC-CB-

1 Protest for SiT Test 012483

Scheduling to O’Rouke,

12 Avery and Human

Resources signed by

13 Brown (1 page

2/13/2012 Rail KC-CB-

14 Supervisor Job Posting | 002670

(2 pages) KC-CB-

002671

16 7 | 2/13/12 Rail Supervisor | KC-CB- xX

Job Posting (4 pages) 006900 —

17 KC-CB-

006903

18 4/16-4/24/12 Email CB00706

chain between Brown, | —

19 O’Rouke, and Sepolen | CB00708

re: complaint over SIT

20 exam (3 pages

Brown RSIT Application| KC-CB- xX

21 Spring 2012 (6 pages) | 002473 —

KC-CB-

002478

23

JOINE PRETRIAL ORDER STATEMENT - 18 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

4 10 | Kevin Gumke RSIT KC-CB-

Application Spring 2012 | 004333 —

5 (5 pages) KC-CB-

004337

6 11 | 6/27/12 Emails between | KC-CB- Xx

Rhoads and Soucek 007015 —

7 regarding test and KC-CB-

interview scores for 007017

8 RSIT candidates (3

pages

? 12 | 8/23/12 August 2012 KC-CB- x

10 RSIT Job Requisition 002668 —

Form completed by KC-CB-

1 Martinez (2 pages 002669

13 | 4/19/12 Rail Supervisor | KC-CB-

12 Second Job Posting 002672 —

April-May 2012 KC-CB-

13 002674

14} 10/12/12 Rail Supervisor] KC-CB-

14 Job Posting October 002675 —

2012 (7 pages) KC-CB-

15 002681

16 15 | October 2012 RSIT KC-CB- x

Posting (7 pages) 002979 —

17 KC-CB-

002985

leseaeee, [oe

October 2012 RSIT 003101

19 Applications (1 page

| Fall 2012 Brown RSIT KC-CB- xX

20 Application 002479 —

KC-CB-

71 002485

[Uisseeer

Score Results for RSIT 003102

3 Applications (1 page

JOINE PRETRIAL ORDER STATEMENE - 19 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

4 19 | Log of Actions re KC-CB- x

Brown’s October 2012 002704 —

5 RSIT Application (3 KC-CB-

pages) 002706

| Peeters ee

re RSIT Position Denial | 002612

7 21) 11/16-12/21/12 Kavin KC-CB-

James 2012 union 003076 —

8 grievance file for KC-CB-

grievance over RSIT 003082

9 hiring process (7 pages

Peewee | mem

Nightingale re RSIT 006233

11 Phone Interview Results

23 | 1/10/13 Summary of KC-CB-

12 Grievance Hearing re 000130 —

Brown’s 12/24/12 KC-CB-

13 Grievance (3 pages 000132

24 | 3/7/13 Email between KC-CB- x

14 Rhoads, Nightingale, 002499 —

Jones, Lee re: filtering KC-CB-

I5 applied to RSIT 002501

16 applications, with

attachment (3 pages

17 25 | 3/7/13 Summary of KC-CB-

Second Step Grievance | 000139 —

18 Hearing re 12/24/12 KC-CB--

Grievance (3 pages 000141

19 26 | 3/22/13 Email from KC-CB- xX

Leslie to Martinez- 020793 —

20 Morales re Brown KC-CB-

assigning her to work on| 020794

21 response to Brown

KCOCR Complaint (2

pages

»| Fzecmeie, Se, =

between Meith, Jones, 020817

JOINE PRETRIAL ORDER STATEMENE - 20 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

4 Avery, Martinez-Martin

re: meeting about

5 Brown’s OCR complaint

1 page

6 28 | 5/4/13 Brown Email to KC-CB- Xx

Pratap, James re 003296

7 potential retaliation

based on complaints of

8 discrimination (1 page

29 | 5/28/13 Email from KC-CB- XxX

9 Meith to Jones, 020833

10 Martinez-Morales with

amended Brown

11 KCOCR complaint (1

page

12 30 | 6/12/13 Email from KC-CB-

Martinez-Morales to 020844

13 Meith with lists of

recruitments Brown

14 applied for (1 page

31 | 6/21/13 Email from KC-CB- x

I5 Nightingale seeking 000436

16 letters of interest in ATT

position (1 page

17 32 | 6/26/13 Emails between | KC-CB-

Macdonald and Meith 012574

18 identifying handwritten

notes on scoring sheet

19 from October 2012 RSIT

applications (1 page

20 || | 33 | 6/27/13 Commendation | KC-CB- xX

from Nightingale to 007582

21 Gumke re: special duty

assignment (1 page

eten. el

3 Brown to Nightingale 000440

JOEINF PRETRIAL ORDER SFATFEMEMN' - 21 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

gemma

ATT position (1 page

5 35 | 6/28/2013 Letter from KC-CB- xX

Jones to Brown offering | 010954

6 Brown ATT position (1

page

7 36 | 6/28/13 Email from KC-CB- x

Nightingale rejecting 000444

8 Gumke from ATT

Position (1 page)

? || | 371 7/3/13 Light Rail KC-CB- x

10 Operators Bulletin 022994

announcing Brown’s

ll ATT position (1 page

38 | 7/8/13 Nightingale KC-CB- x

[ese

Assignment (1 page

13 39 | 7/8/13 Email chain KC-CB- x

between Nightingale, 005156

14 Rhoads, Alejandria re:

Duration of Brown’s

15 assignment to ATT

16 Position (1 page

40 | 7/11/13 Email from KC-CB- x

17 Nightingale to Jones, 000446

Rhoads re: Brown’s

18 “progress” as an ATT

and decision to split

19 ATT Position (1 page)

41 | 7/11/13 Email from KC-CB- xX

20 Nightingale to Gumke re} 000448

Beginning ATT Position

2] 1 page

42 | 7/17-7/18/13 Email KC-CB-

chain between Brown 003345 —

3 and Sufland re union KC-CB-

erievance over removal 003348

JOEINF PRETRIAL ORDER STATEMENT - 22 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

Jee] ||

replacement by Gumke

5 4 pages

43 | 7/17/13 Email chain KC-CB- xX

6 between Brown, Clarke, | 003342 —

Sufland re: Brown’s KC-CB-

7 removal from ATT 003344

position (3 pages

| | 7/29/13 Memo to Brown| CB00221 x

re: Rail Technical

9 Trainer assignment and

10 benefits (1 page

45 | 8/7-8/8/13 Email chain KC-CB-

ll between Meith, 020862 —

Macdonald, Martinez- KC-CB-

12 Morales re files needed 020863

for OCR interview

13 preparations (2 pages

46 | 8/22/13 Memo from KC-CB- x

14 Jones to Rhoads re: 003406

Meeting w/ Brown over

I5 ATT assignment (1

16 page

47 | 8/8/13 Email from KC-CB- xX

17 Brown to Jones re 002842 —

clarification on Rail KC-CB-

18 Technical Trainer 002843

Position (2 pages

19 48 | 5/21/14 Email from KC-CB- x

Brown to Martinez- 003134

20 Morales asking if he will

be allowed to test for

21 RSIT position (1 page

49 | 3/6/14 Emails between KC-CB-

Macdonald, various HR | 003131 —

3 personnel regarding KC-CB-

Investigation into 003133

JOEINF PRETRIAL ORDER SFAFEMEMNF - 23 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

4 Brown’s 2013 KCOCR

Complaint sent to

5 Martinez-Morales (3

pages)

6 50 | Brown 2014 RSIT CB00177 xX

Application (6 pages) —

7 CB00182

51 | 3/21/14 Letter from King) KC-CB- Xx

8 to Gannon re: disparate | 018931 —

treatment at King KC-CB-

? County Rail (3 pages 018933

10 52 | 5/19/14 Email to Brown | KC-CB- xX

from Martinez-Morales | 002847 —

ll rejecting Brown’s RSIT | KC-CB-

application (2 pages 002848

12 53 | 5/22-7/8/14 Emails KC-CB- x

between Brown and 020887 —

13 Martinez-Morales KC-CB-

regarding RSIT 020891

14 application follow up

questions (5 pages

13 || [54] 5/22-7/8/13 Followup | CB00859

16 Emails between Brown, —

Martinez-Morales, and CB00864

17 Vestel re: Brown RSIT

application rejected (6

18 pages

55 | 10/3/14 Email from KC-CB- XxX

19 Brown to various 019752 —

requesting 3rd Step KC-CB-

20 Hearing for union 019753

grievance re: RSIT

21 application rejection (2

pages

| 12/4/15 KCOCR Notice | CB00103

3 of Reasonable Cause —

Finding to Brown with CBO00112

JOINE PRETRIAL ORDER STATEMENT - 24 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1 Description Bates | Admissibil) Authenticity; Authentic | Admitt

Number ity Stipulated/| ityand | ed

2 Stipulated | Admissibilit] Admissibi

y Disputed lity

3 Disputed

{feet

Determination (10

5 pages

57 | Amalgamated Transit KC-CB- x

6 Union Agreement (2013-| 025320 —

2016) Section R19: Rail | KC-CB-

7 Supervisors (8 pages) 025327

58 | 7/1/13 Email from Leslie} KC-CB- xX

8 to Bell re SD Approval 005155

Needed ASAP — Claude

9 Brown (1 page

10 59 | 7/19/13 Emails btwn CB00774

Brown and James re — CB-

11 ATT removal and 00779

Gumke Hiring (6 pages

12 1/4/13 KCOCR KC-CB-

Complaint re ATT 013466 —

13 position (2 pages) KC-CB-

013467

14 61 | 1/31/14 King County KC-CB- xX

response Letter from 000470 —

I5 Moreau to Macdonald re} KC-CB-

16 Claude Brown v King 000482

County Dept. of

17 Transportation

Complaint (13 pages

18 62 | 3/6/15 KCOCR Charge | KC-CB-

of Discrimination (2 013482 —

19 pages) KC-CB-

013483

20 63 | 4/10/14 RSIT job KC-CB-

posting (10 pages) 002780 —

71 KC-CB-

002789

23

JOINT PRETRIAL ORDER STATEMENT - 25 Civil Rights Justice Center, PLLC

CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520

Seattle, Washington 98133

1

B. Defendant’s list of proposed trial exhibits:

2

Ex. Exhibit Description Date Bates Range

3 No.

4

5

100 Collective Bargaining 2010 – KC-CB- X

6 Agreement ATU 587 2013 007237 – KC-

CB-007419

7

101 Collective Bargaining 2010 - KC-CB- X

Agreement ATU 587 2013 007420 – KC-

8

– Exhibit D Terms CB-007578

9 and Conditions of

Employment

10 102 Collective Bargaining 2013 – KC-CB- X

Agreement ATU 587 2016 001983 – KC-

11 CB-002158

103 Collective Bargaining 2013 – KC-CB- X

12 Agreement ATU 587 2016 025206 – KC-

– Exhibit D Terms CB-025356

13

and Conditions of

Employment

14

104 Link Light Rail 2013-03- KC-CB- X

15 Rulebook 2013 18 000314 – KC-

CB-000368

16 105 Email Re RSIT Role 2012-06- KC-CB- X

Play & Interview 27 022862 – KC-

17 Schedule CB-022863

106 2012-02634 Rail 2012-10- KC-CB- X

18 Supervisor Job 12 002816 – KC-

Posting CB-002823

19

107 2012-02634 Rail 2012-10- KC-CB- X

Supervisor – Claude 21 002534

20

Brown Application KC-CB-

21 002539

108 Application Scoring 2012 KC-CB- X

22 Criteria for October 007054 – KC-

2012 Posting CB-007055

23

1 Ex. Exhibit Description Date Bates Range

No.

2

3

4 109 2012-02634 NeoGov 2012 KC-CB- X

Application Steps 002796

5 110 2012-02634 2013-06- KC-CB- X

Supplemental 12 006851

6 Questions by Job

Report

7

111 2012-02634 SME KC-CB- X

Applicant List Step 1 009405

8

112 2012-02634 SME 2012-11- KC-CB- X

9 Notice – Claude 16 002729

Brown

10 113 Email Re Applications 2012-10- KC-CB- X

Waiting for SME 29 006890

11 Review (Jones)

114 Email Re Applications 2012-10- KC-CB- X

12 Waiting for SME 29 007048

Review (Nightingale)

13

115 Supervisor Recap KC-CB- X

002502

14

116 Kwesele Application 2012-10- KC-CB- X

15 15 004862 – KC-

CB-004868

16 117 Maciel Application 2012-10- KC-CB- X

23 004913 – KC-

17 CB-004918

118 Wachtel Application 2012-10- KC-CB- X

18

22 005101 – KC-

CB-005106

19

119 Rail Technical Trainer 2013-05- KC-CB- X

20 Job Posting No. 15 000430 – KC-

2013IMM03108 CB-000434

21 120 Email Re: Gumke 2013-06- KC-CB- X

Interest in Acting 25 000437

22 Technical Trainer

121 Email from 2013-06- KC-CB- X

23 Nightingale Re: 28 010952

1 Ex. Exhibit Description Date Bates Range

No.

2

3

4 Acting Technical

Trainer Position

5

122 Streetcar Operations 2014-02- KC-CB- X

6 and Maintenance 10 009093 – KC-

Supervisor Job CB-009100

7

Posting No.

2014IMM03734

8

123 Rail Supervisor, Rail 2014-04- KC-CB- X

9 Supervisor-in- 10 002780 – KC-

Training Job Posting CB-002789

10 No. 2014IMM03875

124 Streetcar Operations KC-CB- X

11 and Maintenance 002732 – KC-

Supervisor CB-002737

12 2014IMM03734

Claude Brown

13

Application

125 Rail Supervisor, Rail KC-CB- X

14

Supervisor-in- 007952 – KC-

15 Training CB-008956

2014IMM03875

16 Claude Brown

Application

17 126 2014 Successful Various KC-CB- X

and/or Eligible 007997 – KC-

18 Applicants CB-008001;

KC-CB-

19

008007 – KC-

CB-008011;

20

KC-CB-

21 008012 – KC-

CB-008016;

22 KC-CB-

008021 – KC-

23 CB-008025;

1 Ex. Exhibit Description Date Bates Range

No.

2

3

4 KC-CB-

008074 – KC-

5 CB-008078;

KC-CB-

6 008079 – KC-

CB-008083;

7

KC-CB-

008084 – KC-

8

CB-008089

9 127 Sample of 2014 KC-CB- X

Rejected Application 007957 - KC-

10 CB-07960

128 Email Re: RSIT 11:03 2014-06- KC-CB- X

11 AM 02 012705 – KC-

CB-012706

12 129 Email Re: RSIT 9:14 2014-07- KC-CB- X

PM 04 012715 – KC-

13

CB-012717

130 Email Re: RSIT 1:24 2014-07- KC-CB- X

14

PM 08 024318 – KC-

15 CB-024321

131 Email Re: RSIT 2:29 2014-07- KC-CB- X

16 PM 08 003145 – KC-

CB-003149

17 132 Email Re: RSIT 11:29 2014-07- KC-CB- X

PM 08 024322 – KC-

18 CB-024327

133 Email Re: Rail 2017-07- KC-CB- X

19

Supervisor, Rail 11 003150 – KC-

Supervisor-in- CB-003152

20

Training

21 134 Email Re: RSIT 2014-10- KC-CB- X

03 024492 – KC-

22 CB-024494

23

1 VIII. DEPOSITION TRANSCRIPTS TO BE OFFERED AT TRIAL

2 A. Transcripts offered by plaintiff:

3 Plaintiff will offer no deposition excerpts.

4

B. Transcripts offered by defendant:

5

Exhibit Deposition of Date Exhibit/Excerpt Description

6 No.

135 Claude Brown 9-19-2017 Deposition Excerpt: 18:14 - 19:09

7 136 Claude Brown 9-19-2017 Deposition Excerpt: 60:06 - 60:16

137 Claude Brown 9-19-2017 Deposition Excerpt: 72:15 - 73:03

8 138 Claude Brown 9-19-2017 Deposition Excerpt: 127:10 – 129:22

139 Claude Brown 9-19-2017 Deposition Excerpt: 131:07 - 134:01

9

140 Claude Brown 9-19-2017 Deposition Excerpt: 185:17 - 188:03

141 Claude Brown 9-19-2017 Deposition Excerpt: 188:21 - 188:25

10

142 Claude Brown 9-19-2017 Deposition Excerpt: 191:21 - 193:02

11 143 Claude Brown 9-19-2017 Deposition Excerpt: 200:08 - 200:24

144 Claude Brown 9-19-2017 Deposition Excerpt: 201:15 - 202:09

12 145 Claude Brown 9-19-2017 Deposition Excerpt: 206:06 - 207:08

146 Claude Brown 9-19-2017 Deposition Excerpt: 209:12 - 212:23

13 147 Claude Brown 9-19-2017 Deposition Excerpt: 215:16 - 217:02

148 Claude Brown 9-19-2017 Deposition Excerpt: 223:07 - 223:12

14

149 Claude Brown 9-19-2017 Deposition Excerpt: 221:23 - 223:12

150 Claude Brown 9-19-2017 Deposition Excerpt: 233:01 - 233:13

15

151 Claude Brown 9-19-2017 Deposition Excerpt: 241:13 - 243:21

16 152 Claude Brown 9-19-2017 Deposition Excerpt: 255:16 - 258:04

153 Claude Brown 9-19-2017 Deposition Excerpt: 269:11 - 270:02

17 154 Claude Brown 9-20-2017 Deposition Excerpt: 351:14 - 353:07

155 Claude Brown 9-20-2017 Deposition Excerpt: 418:22 - 419:04

18 156 Claude Brown 9-20-2017 Deposition Excerpt: 454:03 - 455:25

157 Claude Brown 9-20-2017 Deposition Excerpt: 541:19 –542:15

19

158 Claude Brown 9-20-2017 Deposition Excerpt: 578:02 - 579:12

20 159 Michael Avery 9-28-2017 Deposition Excerpt: 04:17 – 06:06

160 Michael Avery 9-28-2017 Deposition Excerpt: 06:12 – 07:06

21 161 Michael Avery 9-28-2017 Deposition Excerpt: 08:07 – 09:03

162 Michael Avery 9-28-2017 Deposition Excerpt: 13:09 – 14:21

22 163 Michael Avery 9-28-2017 Deposition Excerpt: 15:11 – 17:04

164 Michael Avery 9-28-2017 Deposition Excerpt: 17:11 – 17:21

23

165 Michael Avery 9-28-2017 Deposition Excerpt: 20:03 – 20:24

1 Exhibit Deposition of Date Exhibit/Excerpt Description

No.

2 166 Michael Avery 9-28-2017 Deposition Excerpt: 34:15 – 34:20

167 Michael Avery 9-28-2017 Deposition Excerpt: 35:03 – 35:20

3

168 Michael Avery 9-28-2017 Deposition Excerpt: 35:25 – 36:06

169 Michael Avery 9-28-2017 Deposition Excerpt: 38:11 – 38:13

4

170 Michael Avery 9-28-2017 Deposition Excerpt: 38:20 – 39:13

5 171 Michael Avery 9-28-2017 Deposition Excerpt: 40:25 – 41:16

172 Michael Avery 9-28-2017 Deposition Excerpt: 52:05 – 52:25

6 173 Michael Avery 9-28-2017 Deposition Excerpt: 57:15 – 57:19

174 Michael Avery 9-28-2017 Deposition Excerpt: 68:19 – 69:06

7 175 Michael Avery 9-28-2017 Deposition Excerpt: 79:06 – 81:06

8

Defendant has moved in limine to exclude evidence of the April 2017 incident in

9

which Plaintiff mistakenly believed that he was at the terminal Angle Lake Station, when

10

in fact he was at the SeaTac Station. If Defendant’s motion is denied, Defendant will offer

11

the following deposition excerpts related to that incident: 60:17-61:2, 63:1-71:9, 77:15-

12

83:6, 83:17-95:14, 97:2-100:12.

13

Defendant objects to plaintiff’s reservation of the right to use any exhibits that have

14

not been designated or agreed to by the defendant. Defendant objects to Plaintiff’s use of

15

any deposition excerpts that he failed to designate pursuant to LR 32. Defendant also

16

17 reserves the right to use any depositions taken by either side during the pendency of this

18 case. Defendant reserves the right to offer any exhibits listed by plaintiff.

19

20 ACTION BY THE COURT

21

(a) This case is scheduled for trial before a jury on June 14, 2021 at 1:00 p.m.

22

(b) Trial briefs shall be submitted to the court on or before May 28, 2021.

23

1 (c) Objections to jury instructions shall be submitted to the court on or before June

2 7, 2021. Suggested questions of either party to be asked of the jury by the court on voir

3 dire shall be submitted to the court on or before May 28, 2021.

4

DATED this 7th day of June, 2021.

5

A

6

7 Thomas S. Zilly

United States District Judge

8

9 Presented by:

10 CIVIL RIGHTS JUSTICE CENTER, PLLC

11

s/Darryl Parker

12

Darryl Parker, WSBA #30770

13 Attorney for Plaintiff

14

15

16

17

18

19

20

21

22

23

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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