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 □
. . et EF
g ) 5 .
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