Petition for Writ of Certiorari — Lola Bonitta McGee, Petitioner v. Louis DeJoy, Postmaster General, et al.

Supreme Court briefApr 24, 2023

Ask Donna

What actually matters in this document.

Text

No.

IN THE

SUPREME COURT OF THE UNITED STATES

Lola Bonitta McGee - PETITIONER

vs.

Louis DeJov. Postmaster General. let alT - RESPO!

Supreme CmmUr™

n-f.-:)

APR 2 4 2C23

OF THE Cir-nis

ON PETITION FOR A WRIT OF CERTIORARI TO

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

PETITION FOR WRIT OF CERTIORARI

Lola Bonitta McGee

1132 Park Hollow Ln

Lawrenceville. Georgia 30043

26'

(562)889-2662

QUESTIONS) PRESENTED

1. When an exemplary employee works for the United States Postal Service, in management, and the

employee was discriminated against, by management, the employee’s life was threatened and she had a

Nervous Breakdown, and as a result, the employee had a Heart Operation due to the threats to her life,

and the employee was forced into a Medical Disability Retirement at age 47, who holds the employer,

the federal government to account for the catastrophic damage that was done to the employee?

2. If the federal government caused harm to a human being (Employee) and that entity investigates

itself, is that entity required to admit their wrongs and make human beings whole for their actions,

behavior, and ill intent? If the employee was incapacitated, traumatized, immobilized, psychotic, and

incapable of addressing required processes to hold the agencies, and courts accountable for their

inaccuracies, who stands up for the employee, that has had help submitting her documentation, but

could not verbally speak for herself, because of the harm that was done to her by the government?

3. If the government has counsel to represent them in a case for doing wrong against human beings,

then why doesn’t the federal employee get counsel paid for by the federal government they work for?

4. If a person’s life was threatened by the federal government, did that entity commit a crime? Also,

should the processing federal agencies be held accountable for the intentional lies, cover up, and their

own corrupt actions and behaviors during their investigation?

5. Is there a law for threats of violence in the federal government workplace?

6. If people are harassed at work or home, anywhere, should those perpetrators be held accountable for

their actions and behavior; or not?

7. Regardless to where a person works in the United States, should that matter in being treated with

dignity and respect? Also, if supporting documentation is submitted on behalf of the employee, why is

it overlooked, and narratives are written as if the employee did not submit sufficient evidence?

8. If people are highly skilled, knowledgeable, and know how to lead by example, boost morale and

performance in their duties, should they be denied upward mobility regardless of if they are considered

black, white, or brown?

9. Does the SUPREME COURT OF THE UNITED STATES believe that there is racism, reverse

racism, double standards, and abuse of power, which stifle the growth and development of all society?

10. Should human beings strive to be better, grow from mistakes that were not intentional, and meet

the challenges they face by letting their voice be heard, but if the powers that be are precluding their

growth, should those people in those positions be held accountable for their actions and behavior?

11. Does this court believe that racism, double standards, and abuse of power adversely affect human

life, society, and the economy?

12. Does the United States Supreme Court believe people want to work, fulfill their puipose, and be

treated fairly and justly, just as GOD intended?

2 1113. Should a person’s faith in GOD be the reason that they are discriminated against when that faith is

the wind beneath their wing, it’s how they function as a human being?

14. Should a person’s faith to pray over food be denied?

5 II15. Should upper management of any workplace pressure their subordinates to carry out orders even if

the orders are malicious, wrongdoing, and personal vendettas against the employee, be it staff or

6 ''employees?

16. Should the way a human being votes in the United States be held against them and cause adversity

by their co-workers or superiors?

8 I 17. Does the Supreme Court of the United States believe that because of a person’s sex, age, gender,

9 faith, ancestry, and all else that encompass human life, should they be subjected to threats of violence,

10 II retaliation, sexual harassment, physical and psychological rape, and fear of reprisal of the people that

did these actions and behaviors, and is it warrant against the victims?

18. If anywhere, any workplace cause human beings catastrophic damage that leads to their demise,

life as they knew it to be, should the individuals that are responsible and their superiors that allowed it

to happen be held accountable to the fullest extent of the law, and if a law doesn’t exist, should one be

created to protect people from such behavior are there will be consequences and accountability.

.. 19. Does the United States Supreme Court believe that wrongdoing to human beings’ lives should be

held to account? Mayhem was committed on my heart, without any heart problems — Ablation, because

16 || my life was threatened by my boss?

20. Does the court believe that a person that was physically, mentally, emotionally, financially,

18 II e<^uca^

a wealth of knowledge, skills, ability and able to lead in personal and professional life,

along with treating all people with dignity and respect, should be crucified because of who they are,

and the color of what society says their skin color is (Black)?

21. Should those that are mentally, physically, emotionally, live in terror, and trauma, with poor

cognition, be required to meet protocol, dates, filings, represent themselves, misused and abused by a

self-driven narrative in a systematic way, rather its attorneys, court reporters, deposition testimony’s,

government officials and agencies, mom and pop companies, jurist, and all entities in any capacity, be

required to represent themselves and be treated unjustly because the people cannot help the condition

that was cause to them through no fault of their own?

22. Does anyone have the right to take a person’s life, health, and welfare, have them work to promote

them and they will NEVER know how they would have grown older in health?

23. Should anyone be forced to work for free, after doing their duties at a higher level and working in

their position for years?

24. Has anyone worked a position for years and desired upward mobility, and was over qualified than

those promoted (17), interview four times out of the (17) positions, worked in seven different offices in

Nevada, and flown to Reno, was addressed as the clean-up woman, but there was always an excuse of

not getting the promotions, you are too confident, it’s a matter of win not if, but you interview very

well, and never received a promotion?

25. Is it appropriate to ask a person, while being interviewed, about their personal life, their home, their

child’s education accomplishments and things of that nature?

26. Does the United States Supreme Court believe without consequences, and accountability, racism,

abuse of power, and double standards will continue to feaster evil, hatred, and disdain for society and

stunt the growth of America until accountability for these atrocities are actualized by law?

27. Is it ethical for the Nevada District Court, the EEOC, and the US Postal Service to act as if Ms.

McGee was competent to handle her requirements, file appeals, and stand and speak before the court,

when she was incompetent, to do so, according to her presence and her medical documentation? Are

any of these people medical providers?

LIST OF PARTIES

(x) All parties do not appear in the caption of the case on the cover page. A list of all parties to the

proceeding in the court whose judgment is the subject of this petition is as follows: Steven Phaup,

Craig Colton, Robert Reynosa, Mark Martinez, Jennifer Vo, Corey Richards, Jerry Wilson, Yul

Melonson, Shaun Mossman, Sylvester Black, Gloria Navarro, Julia Landry, Cheryl Menendez, Ms.

Busher, Grady Griffin, Las Vegas Police Department, Department of Labor, EEOC, United States

District of Nevada - Magistrate Judge Cam Ferenbach, Brian Pugh, District Judge Richard F.

Boulware, II, Krystal (Gallagher) Rosse, Roger Wenthe, Appeals Court for the Ninth Circuit, Sharon

Nelson Law, The Vaughn Law Firm, Arbitrator for Sharon Nelson, District Judge Boulware, II Court

Administrator, Magistrate Judge Cam Ferenbach Court Administrator, Deposition company that the

Nevada Counsel paid to send copies of testimony to me that was compromised and missing paragraphs

and included paragraphs that was not sworn testimony of my doctors. Transcripts and Minute do not

reflect what was said in court, because my mental state precluded me from speaking, and I have

hearing loss, but the court did not accommodate me, nor did the judges and opposing counsel speak so

that I could hear them even if I could understand them, I was denied due process.

RELATED CASES

Constitution of United States of America 1789 (rev. 1992): We the People of the United States, in

Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the

common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and

ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

1st Amendment: Freedom of speech, press, religion, assembly, and petition.

5th Amendment: No one shall be deprived of life, liberty, or property without due process of law....

7th Amendment: Rights in Civil Cases

the right of trial by jury shall be preserved.

13th Amendment: Abolish Slavery.... Free Labor..... .

14th Amendment: If you are bom or naturalized in the United States then you are a citizen of the

United States.

15th Amendment: You cannot prevent a person from voting because of race, color, or creed.

Stoll vs. Runyon: The doctrine of equitable tolling "applies when the plaintiff is prevented from

asserting a claim by wrongful conduct on the part of the defendant, or when extraordinary

circumstances beyond the plaintiffs control made it impossible to file a claim on time." Stoll v.

Runyon, 165 F.3d 1238 (9th Cir. 1999).

Equitable Tolling; Mental Incompetence. Mental incompetence may equitably toll administrative

deadlines if a plaintiff meets a two-part test. Bills v. Clark, 628 F.3d 1092, 1099 (9th Cir.2010); Stoll

v. Runyon, 165 F.3d 1238,1242 (9th Cir. 1999). First, a plaintiff "must show his mental impairment

was an 'extraordinary circumstance' beyond his control" by demonstrating the impairment was so

severe that either "(a) plaintiff was unable rationally or factually to personally understand the need to

timely file, or (b) plaintiff's mental state rendered him unable personally to prepare [a complaint] and

effectuate its filing." Bills, 628 F.3d at 1099-1100. Second, the plaintiff "must show diligence in

pursuing the claims to the extent he could understand them, but that the mental impairment made it

impossible to meet the filing deadline under the totality of the circumstances...." Id. at 1110.

Johnson v. Lucent Technologies Inc., 653 F.3d 1000 (9th Cir. 2011).

The standard for equitable tolling based on mental impairment is delineated by Bills v. Clark, 628 F.3d

1092,1099-100 (9th Cir.2010):

(1) First, a petitioner must show his mental impairment was an "extraordinary circumstance" beyond

his control by demonstrating the impairment was so severe that either

(a) petitioner was unable rationally or factually to personally understand the need to timely file, or

(b) The petitioner’s mental state rendered him unable personally to prepare a habeas petition and

effectuate its filing.

(2) Second, the petitioner must show diligence in pursuing the claims to the extent he could understand

them, but that the mental impairment made it impossible to meet the filing deadline under the totality

of the circumstances, including reasonably available access to assistance.

Id. This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so

debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the

petitioner must still demonstrate diligence. Id. at 1100.

Yow Ming Yeh v. Martel, 751 F.3d 1075 (9th Cir. 2014).

French vs. Office of Personnel Management, the doctrine of equitable tolling "applies when the

plaintiff is prevented from asserting a claim by wrongful conduct on the part of the defendant, or when

extraordinary circumstances beyond the plaintiffs control made it impossible to file a claim on time."

Ms. McGee met the requirement to equitably toll the time for filing her appeal because she was

incapacitated because her extraordinary circumstances precluded from filing a content driven, timely

appeal, she was incapacitated due to the harm she suffered by postal service management towards her,

discrimination, threats to her life, hostile work environment, harassment, retaliation, heart operation,

unimaginable pain, psychotic mentality, poor cognition, lack of memory, concentration, incontinence,

confused mind, racing thoughts, poor motor skills, traumatized and immobilized, and insane.

Stoll v. Runyon, 165 F.3d 1238 (9th Cir. 1999).

file, or (b) plaintiffs mental state rendered him unable personally to prepare [a complaint] and

effectuate its filing." Bills. 628 F.3d at 1099-1100. Second, the plaintiff "must show diligence in

pursuing the claims to the extent he could Equitable Tolling; Mental Incompetence Mental

incompetence may equitably toll administrative deadlines if a plaintiff meets a two-part test. Bills v.

Clark, 628 F.3d 1092,1099 (9th Cir.2010k Stoll v. Runvon. 165 F.3d 1238, 1242 (9th Cir. 1999V First,

a plaintiff "must show his mental impairment was an 'extraordinary circumstance' beyond his control"

by demonstrating the impairment was so severe that either "(a) plaintiff was unable rationally or

factually to personally understand the need to timely understand them, but that the mental impairment

made it impossible to meet the filing deadline under the totality of the circumstances...." Id. at 1110.

Johnson v. Lucent Technologies Inc., 653 F.3d 1000 (9th Cir. 2011).

The standard for equitable tolling based on mental impairment is delineated bv Bills v. Clark 628 F 3d

1092.1099-100 (9th Cir.201(P:

(1) First, a petitioner must show his mental impairment was an "extraordinary circumstance" beyond

his control by demonstrating the impairment was so severe that either

(a) petitioner was unable rationally or factually to personally understand the need to timely file, or

(b) The petitioner’s mental state rendered him unable personally to prepare a habeas petition and

effectuate its filing.

(2) Second, the petitioner must show diligence in pursuing the claims to the extent he could understand

them, but that the mental impairment made it impossible to meet the filing deadline under the totality

of the circumstances, including reasonably available access to assistance.

Id. This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so

debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the

petitioner must still demonstrate diligence. Id. at 1100.

Yow Ming Yeh v. Martel, 751 F.3d 1075 (9th Cir. 2014).

The doctrine of equitable tolling "applies when the plaintiff is prevented from asserting a claim by

wrongful conduct on the part of the defendant, or when extraordinary circumstances beyond the

Pontiffs control made it impossible to file a claim on time." Stoll v. Runyon, 165 F.3d 1238 (9th Cir.

Equitable Tolling; Mental Incompetence. Mental incompetence may equitably toll administrative

deadlines if a plaintiff meets a two-part test. Bills v. Clark 628 F.3d 1092. 1099 (9th Cir.20101: Stoll v.

Runyon, 165 F.3d 1238,1242 (9th Cir. 1999). First, a plaintiff "must show his mental impairment was

an extraordinary circumstance beyond his control" by demonstrating the impairment was so severe

that either "(a) plaintiff was unable rationally or factually to personally understand the need to timely

file, or (b) plaintiffs mental state rendered him unable personally to prepare [a complaint] and

effectuate its filing." Bills. 628 F.3d at 1099-1100. Second, the plaintiff "must show diligence in

pursuing the claims to the extent he could understand them, but that the mental impairment made it

impossible to meet the filing deadline under the totality of the circumstances...." Id. at 1110.

Johnson v. Lucent Technologies Inc., 653 F.3d 1000 (9th Cir. 2011). Ms. McGee has been under the

care of 30+ medical providers, all who has rendered her disabled, due to employment; and specialist to

treat various areas of her health. Her latest medical testing and evaluation, by Dr. Miriam Shapiro,

stated that Ms. McGee actually, had a Full-Blown Nervous Breakdown, which is a term that Ms.

McGee grew up understanding when a person has something that went wrong with their mind, brain,

and mentality. She suffered with incontinence, slurred speak, poor mobility, in-home therapist,

caregivers, she was psychotic, and had to relocate seven times, within a year and a half, and relocated

12 times, within three and a half years. She suffers from PTSD, Major Depression, Panic Disorder,

Anxiety, Peripheral Sensoiy Neuropathy - Nerve Damage, and Heart Palpitations, along with havhig a

■feart Operations due to the threats to her life. She believed that smart bird’s, were chirping to track her

down for those who threatened her life, the FBI was following her in cars and helicopters, people and

those who threatened her were coming to her home and anywhere to kill her, just like they said they

would. She has poor cognition, memory loss, lack of concentration, mental confusion, lack of focus,

lack of understanding, easily overwhelmed with responsibility, she still has a very hard time

understanding how she could be treated so badly by the government she worked so hard for, and the

EEOC, along with the federal court system. The postal service, EEOC, and the District Court of

Nevada, did not acknowledge her factual documents, they did not even acknowledge their own

J j documents when Ms. McGee disclosed their errors, both entities acted as if their narrative was correct,

no one held themselves accountable. Ms. McGee submitted mental incompetence documentation to

I support why she did not know that the postal service sent her their final agency decision, and she was

3 supposed to file an appeal within 90 days, however, to this day, Ms. McGee does not know when and

4 where she received the postal service final agency report for the first time, she remembers having it in

a large box when she moved for the twelfth time, April 2012, and that is when she officially filed her

5 form 5 73 for appeal. The District Court of Nevada set the time for appeal was 9/2009 - 9/2011, which

is when they said Ms. McGee filed an appeal. However, there are letters that Ms. McGee’s signature is

6 on, in between those dates that Ms. McGee doesn’t remember, but she has acknowledged that the

7 | signature is hers. Ms. McGee had an assistant that helped her with filing the case, because Ms. McGee

was not capable of filing her case in court on her own. Due the Ms. McGee’s condition, she could not

hear or speak before the court and this was told to the court, but nothing was down, the District Court

of Nevada acted as if Ms. McGee was just fine, and the court denied all claims, even though the postal

service was late and inaccurate with filings and the court allowed it, despite of Ms. McGee’s

supporting

documents to prove her case, this is wrong. Ms. McGee proved her case by filing, but she

was not capable of arguing her case, verbally, and the court never asked her to read her filings,

11 perhaps, that would have made a difference?

The standard for equitable tolling based on mental impairment is delineated bv Bills v Clark 628 F 3d

1092.1099-100 f9th Cir.201 O'):

(1) First, a petitioner must show his mental impairment was an "extraordinary circumstance" beyond

his control by demonstrating the impairment was so severe that either

(a) petitioner was unable rationally or factually to personally understand the need to timely file, or

(b) The petitioner’s mental state rendered him unable personally to prepare a habeas petition and

effectuate its filing.

(2) Second, the petitioner must show diligence in pursuing the claims to the extent he could understand

them, but that the mental impairment made it impossible to meet the filing deadline under the totality

of the circumstances, including reasonably available access to assistance.

Id. This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so

debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the

petitioner must still demonstrate diligence. Id. at 1100.

| Yow Ming Yeh v. Martel, 751 F.3d 1075 (9th Cir. 2014).

French vs. Office of Personnel Management: Holding that a mentally incompetent pro se claimant

should not “alone... .be charged with the task of establishing his case” for disability benefits based

upon mental incompetency.

Taylor v. Merit Sys. Prot. Bd.

French v. Office of Personnel Management, 810 F.2d 1118 (ed. Cir. 1987) we held that it was an abuse

of discretion to dismiss as untimely a mentally incompetent man’s pro se claim for disability

retirement benefits. Thus, I was denied making me whole from the harm that was done to me and the

judge, jury, executioner, and decision maker was all working as one, I never was afforded a jury or

discovery, but I possess monumental portions to prove my case.

Manatt v. Bank of America, 339 F.3d 792 (9th Cir. 2003) in response, Congress amended § 1981 to

include within its definition of making and enforcing contracts.... We have recognized that the “legal

principles guiding a court in a Title VII dispute apply with equal force in a § 1981 action. “Manatt v.

Bank of Am., NA. 339 F.3d 792. 797 (9th Cir. 2003) Reynaga v.

Roseburg Forest Products, 847 F.3d 678 (9th Cir. 2017).

Postal Service Reorganization Act— Sovereign Immunity

the postal service is like any other

business that can sue and be sued. POSTAL SERVICE v. FLAMINGO INDUSTRIES (USA) LTD.

(02-1290) 540 U.S. 736 (2004) 302 F.3d 985, reversed.

Chisholm v. United States Postal Service: CHISHOLM v. UNITED STATES POSTAL SERVICE

516 F. Supp. 810 (W.D.N.C. 1980), 665 F. 2d 482 -1981 Chisholm v. United States Postal Service,

Chisholm v. United States Postal Service, 570 F. Supp. 1044 (W.D.N.C. 1983). Although the elements

of the case changed the litigation process to Title VII, there was no violation of law stating that the

USPS could not be sued under Section 1981, because it can. Otherwise, plaintiff would CBOCS West,

Inc., v. Hendrick G. Humphries: CBOCS West, Inc., v. Hedrick G. Humphries, 553 U.S. 442 (2008).

not have brought suit under Section 1981 and the District Court of Nevada, District Judge Richard F.

Boulware, II would not have granted plaintiffs Section 1981 case anyway. This is a case that depicts

the same issues that Ms. McGee’s went through with the postal service, she was a supervisor, and

qualified to be a higher level manager, educated, highly skilled, knowledgeable, and was performing

very well in all seven (7) positions, even better than the already promoted manager’s with offices that

size, and the equivalent operation’s in those stations, she was even flown to Reno and performed very

well. If she was not a good fit, qualified, and capable of doing the job, she would not have already been

doing it for two and a half years (2 !4). Ms. McGee never had issues with her staff and employees,

upper management are the people that did not promote her, but she was working for their good and

didn’t know it, they were never going to promote her, because of her skin. When Ms. McGee did feel

discriminated against, and filed the case, Nevada promoted it first Black Postmaster in 114 years, also,

a Black woman was promoted to Manager, Customer Service in 114 years.

Statues and Rules:

Federal Rules of Civil Procedures (December 1,2019)

(Due Process) were violated, the rule of law was violated, the Constitution was violated, the same rules

that applied to the postal service did not apply to me, because opposing counsel were untimely twice,

responding to the initial complaint and after District Judge Boulware, II denied my case in part and

granted in part, opposing counsel did not timely nor file an Answer, but none of that mattered for him.

The Initial Complaint was the Amended Complaint, but on the Amended Complaint the District Court

of Nevada, even though the documents were together on the same day from me, the court by me, on

the same day, split the complaint from the supporting documents and they became (ECF Nos. 8 and

11) and compromised. The Initial Complaint was moving along (ECF No. 1 - 3), and discovery was in

process un District Judge Miranda Du, all of a sudden Magistrate Judge Cam Ferenbach was starting to

stop this progression and ultimately Order me to file an Amended Complaint and then District Judge

Richard F. Boulware, II took over and the ENE - Evaluator was no longer on the docket to mediate the

supporting documentation that I filed with my Initial Complaint. I had filed everything I needed to

prove my case but the district court of Nevada chose to sabotage, corrupt, and violate my rights even

though I had a person helping me prepare my case, all she needed from me was my story, because she

knew that I was not mentally coherent, she walked me through the best she could because she is not a

lawyer. Even though things were in writing, I could not address them in court, because I was

traumatized and still today, I suffer the catastrophic damages that the postal service put upon me, and I

have relocated across the country 13 times since 8/25/08, and seven of those moves were within a year

and a half. This is just my case, and I can’t tell it all because I was psychotic, traumatized, and

immobilized, so there are years in between that I don’t remember things happening, and once again,

this is just my case, not so many others. I have the CD of Dr. Mary J. Reed’s Deposition Testimony

and the written form does not match the video form. I only remember two exchanges of questioning,

yet it was four. Opposing counsel, Krystal (Gallagher) Rosse, asked Dr. Reed “If at any time that you

were treating Ms. McGee, was she Incapacitated”, and Dr. Reed stated yes, when she was having panic

attacks, moving, caregiver, cardiac problems, and things like that. Ms. Rosse turned it over to me and I

said I’m done, Ms. Rosse tried to talk again, and I said, I’m done again and then it was over. When the

reporter and videographer stopped recording, however, in the written document of the testimony states

something else was said, but it wasn’t. The same things happened with Judge Boulware, II and Judge

Ferenbach, Judge Boulware, II on 9/11/15, after I was really confused and with very poor cognition,

but I know my story because I still live it today, 5/21/202; he stated the wrong background and I raised

my hand to ask him what was he reading, because what he was saying was not true. He instructed me

to not stop him, and I can say it once he finished, I stated, I will forget. Judge Boulware, II continued

to read and I was still in my dismal traumatized state of mind, and he stated Ms. McGee, I stood up and

6/19,1 could not say anything else, I was mentally incoherent so my assistant pulled my

said 6/19

arm and I came out of my daze and sat down, but I could not here or understand what Judge Boulware.

II was saying to Ms. Rosse, however Judge Boulware, II Transcript of that hearing has a paragraph as

if I was able to say all those words when I couldn’t even mentally register to get 6/19/09 out of my

mouth. This is pure corruption, there needs to be accountability for such egregious actions, behaviors,

conduct, immorality, win at all costs, unprofessionalism, abuse of power, double standards, and a

disregard for justice and the truth. I filed a complaint on Judge Ferenbach, and his Court Administrator

for the same thing and others which cost me money, but to no avail, so I did not file on Judge

Boulware, II because surly nothing was going to be done to hold him accountable for his actions. I

don’t care who it is or what position they hold, if a person cannot do the job for the people, then they

should not be able to make decisions on people’s lives and livelihood. This disease will not rid itself

without accountability to dissuade against such atrocities. Somehow politics came up and my assistant

told me who she liked and was and who she was going to vote for, I just was pleasant but did not voice

my who I liked nor who I was going to vote for, and it registered with my brain much later that she had

been compromised in some sort of way and also, she once had a document that I did not give her and

then I really knew that something was wrong. Politics has no role in the persecution of people or of a

people, we live in a democratic society not an autocratic society, however the world looks at the way

the United States treat its people, we as a people look at how the United States treat us, and we should

not be engaging in adverse actions and behavior against any person, group, color, etc. I pray that the

SUPREME COURT OF THE UNITED STATES OF AMERICA make me whole as a black woman

and those in my color and group be made whole, then everyone will be made whole, and therefore all

people will be treated as the same, and those who violate the laws, rules, constitution, power, and alike,

will be held accountable for their actions, but i will guarantee you that we will not have this

foolishness continuously corrupting the fabric of all humanity. All that Ms. McGee is not saying in this

document, if she is entitled to it, please give it to her.

Rule 12(b)(5) violates filing a dismissal without providing.

discovery and late on filing; however, the dismissal was granted by District Judge Richard F.

Boulware, II. Ms. McGee was not afforded an ENE, which would have proved she had sufficient

supporting evidence to prove her case, the court should have appointed her an attorney, or postpone the

proceedings until she was able to speak for herself, and hear, even though she still suffers today.

Rule 26: Duty to Disclose, General Provisions Governing Discovery. I was told by Krystal (Gallagher)

Rosse to not email her anymore and Roger Wenthe to not call him no more. This precluded all

available avenues to communicate, expeditiously regarding discovery, scheduling depositions etc. The

dates were made for me to attend, and I never received discovery and my filings for Default Judgment,

Rule 60(b): (1) Authorizes relief from final judgment based on “mistake,” as well as “inadvertence,

surprise, or excusable neglect.” Ms. McGee filed several documents that showed the District Court of

Nevada, and supervised judges of the errors that occurred during the adjudication of her case, but to no

avail, the court did not grant her request to reopen her case, and the Ninth Circuit agreed with the

lower court and did not grant Ms. McGee her request. Ms. McGee submitted medical documents that

the court stated on 9/11/15 that it had read, but her heart operation on 2/4/10 was not considered as an

issue that would cause Ms. McGee incapacitation, nor did medical documentation that Ms. McGee was

immobilized, written by Dr. Roy Lubit, Forensic Psychiatrist, along with a host of medical documents,

caregiver statements, sworn statements and depositions, by medical providers, along with her most

recent testing and medical report from Dr. Miriam Shapiro in 2021, but the court would not reopen

petitioner’s case, how can this be, and who corrects the wrong done to Ms. McGee?

TABLE OF CONTENTS

OPINIONS BELOW

JURISDICTION

CONTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

STATEMENT OF THE CASE

REASONS FOR GRANTING THE WRIT

CONCLUSION

INDEX TO APPENDICES

APPENDIX A Decision of the United States Court of Appeals for the Ninth Circuit 1/24/23

APPENDIX B Memorandum of the United States Court of Appeals for the Ninth Circuit 3/20/23

APPENDIX C Decision of the United States District Court, District of Nevada 8/12/22 and 12/22/22

TABLE OF AUTHORITIES CITED

CASES

Constitution of United States of America 1789 (rev. 1992):

1st Amendment: Freedom of speech, press, religion, assembly, and petition.

PAGE NUMBER

6 115th Amendment: Due Process.

7th Amendment: Rights in Civil Cases..........the right of trial by jury shall be preserved.

13th Amendment: Abolish Slavery .... Free Labor.

14th Amendment: If you are bom or naturalized in the United States then you are a citizen of the

United States.

15th Amendment: You cannot prevent a person from voting because of race, color, or creed.

Stoll vs. Runyon: Stoll v. Runyon, 165 F.3d 1238 (9th Cir. 1999).

14 || French v. Office of Personnel Management, 810 F.2d 1118 (ed. Cir. 1987)

15 11 Manatt v. Bank of America, 339 F.3d 792 (9th Cir. 2003)

POSTAL SERVICE v. FLAMINGO INDUSTRIES (USA) LTD. (02-1290) 540 U.S. 736

(2004) 302 F.3d 985, reversed.

18 11

Chisholm v. United States Postal Service: CHISHOLM v. UNITED STATES POSTAL SERVICE

19 111!6 F- ?upp- 810 (W D N C-198°)’ 665 F- 2d 482 - 1981 Chisholm V. United States Postal Service

20 11

v- United States Postal Service, 570 F. Supp. 1044 (W.D.N.C. 1983).

STATUTES AND RULES

2 2 I Federal Rules of Civil Procedure:

23 Rule 12(b)(5)

24 I ,

Rule 26: Duty to Disclose:

Rule 60(b): Relief from a Judgment or Order

OTHER:

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully requests that a writ of certiorari is issued to review the judgment below.

OPINIONS BELOW

(x) For cases from federal courts:

The opinion of the United States court of appeals appears at Appendix A to the petition and is.

0 reported at_________________________________ _______

0 has been designated for publication but is not yet reported; or,

(x) is unpublished.

or,

The opinion of the United States district court appears at Appendix C to

The petition and is.

0 reported at________________________________ _

0 has been designated for publication but is not yet reported or,

(x) is unpublished.

or,

0 For cases from state courts:

The opinion of the highest state court to review the merits appears at

Appendix____to the petition and is.

0 reported at _____________________________________

0 has been designated for publication but is not yet reported.

() is unpublished.

or,

The opinion of the_______ ______________

appears at Appendix___to the petition and is.

court

0 reported fat _______________________________________

0 has been designated for publication but is not yet reported; or,

0 is unpublished.

or,

JURISDICTION

(x) For cases from federal courts:

The date on which the United States Court of Appeals decided my case,

was January 24.2023

0 No petition for rehearing was timely filed in my case.

(x) A timely petition for rehearing was denied by the United States Court of

Appeals on the following date:

March 20,2023 . and a copy of the

Order denying rehearing appears at Appendix B .

0 An extension of time to file the petition for a writ of certiorari was granted,

to and including

(date) on

(date)

in Application No.___ .

The jurisdiction of this Court is invoked under 28 U.S.C. § 1254(1).

0 For cases from state courts:

The date on which the highest state court decided my case was

A copy of that decision appears at Appendix___________ .

0 A timely petition for rehearing was thereafter denied on the following date:

_________________ , and a copy of the order denying rehearing.

appears at Appendix

0 An extension of time to file the petition for a writ of certiorari was granted.

to and including______ (date) on

(date) in

Application No.__________ .

The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a).

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

I, Lola Bonitta McGee, Petitioner, believe that I have met these criteria, and if I haven’t, I do not

comprehend what the court is asking me to do, and I respectfully ask for your forgiveness. I’m really

trying hard to stay focused and understand. Whatever discrepancies, issues, or questions, please give me

the opportunity to correct them, before the court denies my request, petitioner is diligently trying to

provide what’s needed to grant her request.

STATEMENT OF THE CASE

I, Lola Bonitta McGee, Petitioner would respectfully ask the Supreme Court of the United States to

please consider my plight as I have attempted to address the court with my mental, physical, and

emotional disabilities. I have two degrees, and several certifications, along with accolades from work

and personal. I’ve owned my own restaurant, and I have raised a highly professional daughter out of

Howard and Yale Universities, who graduated from both schools with honors. Communication,

managing others, treating people with dignity and respect, and achieving desired outcomes is not foreign

to me, I strive to be the best person that I can be every day that I wake up. I had lived half of a lifetime,

anc* had no personal experience with racism, discrimination, legal issues, or threats to my life, I was 42

years old, and was forced into a medical disability retirement at 47 years old. I will never know what it

is f°r me to grow old gracefully, the postal service took my privilege away for me.

In 2004,1 received a lateral transfer from California to North Las Vegas, Nevada Main Post Office

^NLV^- There was mother Supervisor, Customer Services there, Steven Phaup (Steve). Steve is White

and he made it obvious that he did not respect me, appreciate me, or consider my knowledge, skills,

n II abilities, experiences, or education to get the desired results of the office that he had previously did’

poorly in, I found out later. I came with a wealth of knowledge in distribution of mail, bulk mail,

12 delivery, and the entire clerk operation, that includes the window/lobby operation. Steve saw that the

13 empl°yees were working for me, and I was making great numbers, and they went over and beyond to

perform their duties under my leadership. I had meetings with the union steward so that we had a good

14 rapport and he understood me, and I understood him. I treated everyone with dignity and respect,

including Steve. Steve did everything he could to sabotage my operation. When I arrived, the delivery

15 11111141 was 5% over budget plan hours. In four and a half months, I erased the deficit and improved it to

3.5% under budget plan hours. Steve had a bizarre and outlandish behavior that made me afraid of him.

Steve hid my employee’s reports that reflected their performance, he lied to me and to Craig Colton

17 II (Craig), and he lied on me to employees and Craig saying things like I wasn’t performing well, but the

proof was in the district reports. Unfortunately, a earner died in a car accident, and I was the new

supervisor, however, the earner had worked for me awhile and we had a rapport, so I attended the

19 funeral and people were getting up speaking about him, well Steve was at the services as well, but he did

not get up to speak for management of the employee. It was nearing the end of a two-minute speaking

20 part of the service, so I got up because he was my employee at that time, but he was Steve’s employee

much longer. I spoke on behalf of me being his supervisor, and on behalf of North Las Vegas and the

postal service. It’s a shame, after the funeral, Steve goes back and tells Craig that everyone spoke so

22 eloquently except me. However, Steve did not give any remarks to the family, and he was the supervisor

for longer than I, and Craig must have believed him, because Craig made the statement to me about what

23 Steve told him. I just looked at him and walked away, because if he believes that then that is a shame. I

24 commumcate very well to lead hundreds of people to our desired success, and if you think that I can’t

give some encouraging words of respect to a grieving wife and family then you need to look at yourself,

11131 s llie way I looked at Craig telling me that, nor did he consider the source that was telling him

such nonsense. Steve would fill in for me on my days off. He would hide employee leave slips, and

2 6 11 would allow employees to work overtime, instead of rotating them, this was an effort to not beequitable

on my overtime list employees, which is a big problem that Steve had with the union prior to my arrival

Steve would play employees against each other, and he spoke to me in a disrespectful and loud manner

28 on the workroom floor, and told employees untruths about me, in an effort for them to turn against me.

In addition, he told Craig that I wasn’t capturing the (Under Time) that I said I was - employees

performing additional tasks without using overtime from their normal duties. Steve was Craig’s righthand man. However, the proof of the office performance reports showed my conduct to be excellent. He

pulled my reports and posted them on the board and told the union steward that I was not equitable on

my overtime with my employees, because he intentionally did erroneous calculations. However, this was

due to his incorrect calculations and wrong figures to reflect the performance against me. This issue was

not new and had been one of the issues he had with the union steward prior to my arrival at NLV. This

issue was negated through meetings with me and the union steward weekly, regarding the overtime

employee’s report. Both the union steward and I would sign off on the form to ensure it was correct.

There were times when I would speak to Steve in the mornings, and he would walk past me as if I did

not exist. Then there were times when he would approach me to talk as if nothing was wrong, and we

were the best of friends. Unbeknownst to me, Craig must have told Steve that one of us would have to

go to Meadow Mesa Station (NLV Sister Station) to work, but it wasn’t me because I was assigned to

North Las Vegas Main Post Office with my lateral transfer from California. One day Steve asked me to

come outside and have a cigarette. While outside, Steve asked me if I wanted to go to Meadow Mesa,

and I replied “No.” Steve said to me, “I was a killer in the military and that was my job” and I was a

security guard and me, and my partner had to kill someone at a casino before coming to the post office.”

I became overwhelmed with fear and my heart started beating very fast and I went back into the office. I

don’t remember my following actions for that day. I now know that I had a PANIC ATTACK. Steve

was volatile with an explosive attitude, and he had daily mood swings. He hid my employee leave slips

to prevent me from knowing who was supposed to be at work, and from creating the employee schedule

correctly. I called several meetings and sent emails to Craig Colton, Postmaster North Las Vegas (NLV)

to stop Steve’s behavior towards me, but to no avail. Nothing was done about the Hostile Work

Environment and vicious racism, disrespect, and abuse. Steve thought he was the postmaster, and

everyone was to do as he said do. I was the Only Black person working in management in North Las

Vegas. Steve had created a disruptive, ineffective, environment, and he continued to behave in that

manner because Craig did nothing to hold him accountable for his actions and behavior. I started

recognizing that something was wrong with me, but I did not know what it was, I did not feel like my

normal self, mentally, and I was very healthy when I got to Nevada, mind, body, and soul. I’m a

Christian woman, and believe deeply in GOD, Prayer, and my Faith was strong. However, I was still

capable of performing very well in my duties.

The violent, Hostile Work Environment, from 2004 - 2005,1 sought therapy in the beginning of 2005.

Because I knew something was wrong with me, but I did not know what was wrong, and I had never had

to see a Psychotherapist before. Nothing had ever happened to me before, so I thought it was the people

around me even though they did nothing to me to justify my thinking or progressive paranoia, confusion,

hyper-vigilant behavior, or severe fearful mental state. I learned later in August 2008 that I had a Panic

Attack from the threat from Steve and I became depressed and had Post Traumatic Stress Disorder

PTSD) and Anxiety, and much more attached. However, I continued to have crippling fear of Steve,

because I did not know when he was going to kill me, his behavior and racism made me feel like I was a

definite target. Gradually, my actions, behavior, and conduct started changing at home. I was just trying

o do my job that I was getting paid to do, and the other stuff I tried to ignore. I was in denial for a while,

and I did not see the changes in my behavior until much later it was brought out, but I did not equate my

changing behavior at home with what I was going through at work, because my home was not that bad, I

ust knew something was wrong with me, but did not know what is was, even though I knew I was

extremely afraid of Steve.

Corey Richards: Corey was a Supervisor, Customer Services at Meadow Mesa Station, under the

leadership of Dana Urbanski (Dana), Manager, Customer Services Meadow Mesa Station, and because I

was the new and only Black person in management in North Las Vegas, he tried to bully me as well,

because he and Steve were friends. Corey would call me and tell me that he needed me to send him help

and he wanted to know how I was running my operation for the day, so he could try and tell me that I

needed to send him some of my employees to help him out. Truly, if I was able to help him, more than I

did, I would have, because my consciousness would have bothered me for lying. Corey is also a racist

person, and all the employees knew it, I found out later. Dana and I had a good rapport and got along

just fine. She had to tame down Corey’s demeanor and attitude so that he could be more effective within

the station in performing his duties. Dana and Corey sometimes had issues.

There were times when Dana would come down to North Las Vegas Main Office and be replacing Craig

when he was out of the office, until Craig realized that I could rim the entire office then he would leave

me in charge. I had gone on vacation and when I returned, Dana was in Craig’s place, because he was on

detail to a higher level as the Acting/Postmaster Henderson, Nevada. Steve had hidden my employee

leave slips, rearranged my files and reports. I’m a thorough person, personally and professionally, so I

knew my stuff was missing. To me organization is a part of having an efficient and effective running

office and life. I requested a meeting with Dana, she called Steve and I into her office and I was talking

about what was missing and Steve’s actions and behavior towards me. I believe in teamwork, and I want

to do my best and whatever is required of me, and I go over and beyond to achieve success. Dana asked

Steve if he could work with me, and he did not even say a word. Steve was trying to sabotage my

operation and I was livid. I explained to Dana what had happened and then she asked Steve about what I

stated, and he lied, and said “Maybe when I asked maintenance to clean the area, they moved things

around.” I went out to see if maintenance had cleaned the office and dust was so thick under the file

cabinets that they really did have to clean, so I told Dana, what Steve said was not true, and all I want is

my files and reports, along with schedules for leave of my employees so that I can make my schedule as

to who is supposed to be at work. Dana told Steve to find my stuff and she called Craig, who was still on

detail to a higher-level position in Henderson, and the next thing I knew Craig sent an email that Steve

was to report to Meadow Mesa Station, and I would remain at the Main Office, Craig’s hand was forced

to make changes at that time. From that day to this day, Steve never reported to Dana, and he ultimately

got terminated due to fraudulent and financial issues. Steve was supposed to turn over to me $1,000.00

in cash reserve, but he never turned it over. Postal Inspectors and Labor Relations Departments got

involved regarding different issues that I had with him and other fraudulent things he did. Eventually,

Steve was terminated for fraudulent behavior, not because of his actions and behavior towards me. He

was off work for months and he was signing his own slips and other financial issues where the money

was not in the vault or clerk’s cash drawers. I once stepped into Craig Colton’s office and advised him

that Steve’s behavior did not stop there, and this behavior tended to go beyond work into his personal

life. Craig’s reply was, “Never say that to me again.” I remember being the only Black person in

management at the 2004 Christmas party where we celebrated our success for the fiscal year, it was

uncommon, and different for me to be a part of. It dawned on me that there were no other nationalities,

and I was the only Black/African American. It would have been nice to have an array of nationalities

there; however, I look back and see the systemic postal racism from lack of diversity in management.

Although, I did not take it personal at the time, because I’m a very confident woman with an array of

skills, knowledge, and ability, it later revealed its demonized head. Management of the Nevada Sierra

District Postal Service reacts to peer pressure like children instead of making a mature adult decision to

not condone discriminatory behavior and participate in it, along with abuse of power, double standards,

17.

and bigotry. I opine these behaviors and actions as spineless people without a backbone to make the

right decision, insecurity within from teachings, peer pressure, fear of reprisal for the top leadership,

heartless, inconsideration of others, and with a dark soul, and without consciousness. None of this has to

do with money, but it is a part of all humanity to possess if you want to live a fulfilled life. The power,

abuse of power, loyalty to corruption, hatred, retaliation, and White Supremacy, along with White

Privilege are all that they are concerned about, and I witnessed it firsthand.

At the beginning of 2007, a hearing was held regarding Steve’s job, the process took a while because he

is a veteran, and I was required to be present because of the $1000 and clerk’s drawer funds that were

missing from the safes and vault. I asked Dana, she was on detail in Las Vegas (District Office) as an

Acting Manager, Customer Service Operations (MCSO), if she could have the Postal Inspectors escort

Steve in, if possible, and she replied, “Are you serious” and I replied yes; also, search him because I was

terrified of him and all that he had done to me and threatened me. Dana called and gave my request to

the Postal Inspectors. Fortunately, Steve did not show up for the hearing, and I was allowed to leave, and

they confirmed his termination after all the processes that he had gone through to save his job.

Postmaster Craig Colton allowed Steve’s broken-down truck to stay on postal premises for over four

months. It is postal policy that no personal vehicles are to be left on the premises overnight. However,

Craig never enforced the policy with his terminated right-hand man. He was supposed to have it towed

away on several occasions, but he never came back to the office after Craig sent the email for him to

report to Meadow Mesa Station; after all, one of us had to go to Meadow Mesa Station, and Steve had

asked me if I wanted to go to Meadow Mesa Station, and I said No. As I was doing great at North Las

Vegas Main Office, ultimately, the high dollar, pay outs for grievances stopped, and the union steward

became a productive employee in the workplace. He later resigned from being the National Association

of Letter Carriers Union Representative for NLV. The climate in the office was great with employees,

the moral was high, the performance was impeccable, and this happened under my leadership, so there

was no reason for me to leave. We had the best Delivery Operating Information System (DOIS) hours in

the district for an office our size. He concluded his remarks with “Best Week Ever,” and he underlined

“EVER.” I had excelled to a level as a Supervisor, Customer Services and felt that there wasn’t any

more challenges in my duties that I could achieve in the position, so I wanted to be a Manager,

Customer Service or a Postmaster of a City, and of course continue to excel, grow, and gain continuous

upward mobility, that is just who I am with the wealth of knowledge that I possessed, along with my

education in Human Services and Business Management.

From April 1,2006, - August 13,2006,1 worked at Huntridge Station in Las Vegas as an Acting

Manager, Customer Services. My staff and I did very well at Huntridge, even though it was my first

acting manager position. I did not have any bosses running in and out of my office nor did I receive any

phone calls that weren’t favorable. I kept up with upper management’s pace and demands and replied

accordingly to their demands and focus. We received an unannounced auditor on External First-Class

Mail Audit and passed. There was no mail, including First Class mail in the building that should have

gone out to the street with the carriers. My staff and I put several processes in place, because it was

during the time when the Nevada Sierra District became a part of the Western Area, and service,

processes, and efficiency, was the focus. I had daily staff meetings to go over performance, processes,

resources, and plans to work, to achieve our desired results. I always let my staff know that I had an

open door to bring me anything to the contrary of our plan, and if they did not understand something or

needed more clarity or feedback, I was graciously available to them. My staff came to me when needed

for advice, direction, and questions and I was there for them, and that made them very comfortable to

know that I was there for them, and we are all in this together. We had a great rapport and when

challenging decisions had to be made, I had an effective way that I communicated with them. If I needed

to make some scheduling changes, I let them know that it was for the betterment of our office

performance and strengths and weaknesses. We discussed who would be better at what, far as more

knowledgeable and effectiveness of the duties required in any certain duties. They performed their

newly assigned duties and got more comfortable with the changes, and everyone was on board because

they saw the progress. They took ownership of their responsibilities. They took pride in their duties and

to represent our accomplishments, and I always gave feedback, and followed up with them, and told

6 them “Thank You.” I’m a present manager. If one of them had to be off, and I could not find help, then I

would let my staff member be off and I would run the unit for us. I don’t believe in any “Big “I’s and

Little You’s.” My team was great, and I led by example, I held myself accountable just as I held them

accountable, and they held the employees accountable. I would give Stand Up Talks to my employees as

well to let them know our goals and what I needed from them, and my staff would follow up to make

sure that they were doing what was expected of them. We achieved high morale, and my employees

were carrying “Under time” just as they did in North Las Vegas Main Post Office, but they were doing it

at Huntridge Station in Las Vegas under my leadership as the manager. I had performed very well at

Huntridge, and I wanted the opportunity to continue to gain upward mobility. No one gave me any

expectation or training for my detail as an Acting Manager at Huntridge, I utilized my knowledge that I

already possessed before coming to Nevada. Jennifer Vo (Jennifer) stated one thing when she gaveme

the opportunity, “If I don’t have to come into your station, then you are okay.” Jennifer, Acting

Manager, Customer Service Operations, Las Vegas, Mark Martinez, Executive Postmaster City of Las

Vegas, or Robert Reynosa, Manager, Customer Service Operations, never had to come into any Station

and question me on anything, even with pop up visits. Jennifer Vo called me on August 18,2006, for a

meeting with her, in her office, at the District Office. While in the meeting, I was told by Jennifer that I

would be going back to North Las Vegas as a supervisor because the perception was that I had improved

Huntridge Station’s Percent to Standard (% STD) by over-counting, mail, volume. Percent (%) to STD

means earners are supposed to case mail by 15 minutes per foot to get it prepared for the street for

delivery, and if the volume is overstated that gives a carrier more time in the office because of the

amount of volume that they had for the day. My staff did not over-count mail, nor did I tell them to

over-count mail, so I knew something was wrong. I was appalled at the accusation; my integrity was

being questioned, which I considered a personal insult. With a condescending look, Jennifer remarked,

Lola, you can tell me that I’m full of shit if you want to.” I just looked at her and didn’t say anything

br a moment. I would have never said such a thing to her. She was my boss, and I certainly would not

have disrespected myself in that manner. I was shocked that she said that to me without really knowing

who I am. That just let me know that she was being herself, and she knew that I knew she was not telling

the truth. I said my staff did not over count mail, because I watched them and made sure that they were

counting mail properly, so I know that they did not over count mail. I left the office and went back to

iuntridge Station and told my staff what was being said about us. I went into my office and called

Robert Reynosa and requested a meeting because I did not want anyone to think that I would cheat to

achieve. I believe in resolving issues with effective communication with all involved, so that there is not

what he said she said, that is a waste of time to me and a mess, plus I’m a serious and professional

msinessperson with maturity. When I arrived at the meeting, Mark started the meeting by asking, “Why

are we here? What’s going on?” I continued with, “I wanted everyone here because I want to know what

did wrong and why I’m going back to North Las Vegas (Supervisor, Customer Services Official

Position)

when I’ve worked so hard and performed well.” I reminded them that Jennifer said it was

being perceived as we over counted volume and that’s how I reduced Percent to Standard and I didn’t

want to be looked at in that manner. Mark said, “No. I’ll tell you why. I have a manager that is counting

rubber bands and doing route inspections and I need him to be in a productive role.” I respected Mark’s

explanation. As the meeting was ending, Mark asked Jennifer and Robert about Paradise Valley Station

(PV) for me. He told them to work it out and told me that they would get back to me. I left the meeting

with a smile on my face with the hope that all was going in a positive direction. I called a meeting with

Jennifer Vo, Robert Reynosa, and Mark Martinez, because being a serious business-minded person, I

wanted to get all parties together for a truthful discussion. However, I was not aware until later (At

Paradise Valley Station) that it was not taken that way. Following the meeting, I was disrespected and

spoken to without dignity and respect on telephone conferences. Everything I did or said was replied to

in a nasty manner or talked to like I did not know how to do my job, which was contrary to the district

reports. On August 18,2006,1 was told by Jenifer that there was a person (Acting Manager, Doug

Watson) at Paradise Valley Station that wasn’t performing how they would like the office to perform.

She said he was more focused on counting routes, and they wanted more performance out of the staff

and employees. I said to Jennifer, no problem, I’m the person for the job. She stated that I’m going to

send you to Garside Station for a week because he has planned scheduled leave for two weeks and I’ll

deal with him when he returns. However, you will start at PV the week that he leaves, and I said, okay. I

asked if I was going to be paid higher level pay while I’m at Garside Station for a week and she said no,

this is not postal policy, I was supposed to get paid higher level, because my supervisor job was in NLV,

not Las Vegas. Jenifer got away with hiding me out in Las Vegas for a week when I was supposed to be’

an acting manager with higher level pay.

On August 28,2006,1 started my detail as Acting Manager, Customer Services at Paradise Valley

Station (PV) EAS-22 in Las Vegas. Paradise Valley was a much larger station (Approx. 70-80 routes

with 3 zip codes and a much higher volume/mail) than Huntridge Station EAS-21 with about 50 routes.

However, my White counterparts were getting promoted after working three months in smaller station

EAS-19 routes ranging from 10 to EAS-21 approx. 40 routes and without degrees or a better

performance record than I. When Paradise Valley Station became available, they gave the job to the

White male I had replaced seven months prior, Doug Watson, I was previously told by Jennifer that

Doug Watson wasn’t doing well, and his focus was counting routes instead of processing the office and

getting the earners out on time. My staff and I did great work in that office with a split zone (Split Zip

Code). Customers were still using the old zip code, and it made processing the mail more difficult,

because we had to put stickers on every piece to try to get them to use the new/proper zip code. Strip

Station (Very small, 10 routes) is where the other routes went, and we would receive and send mail back

and forth. It was challenging to get the mail processed in time to get the carriers out on the street in a

timely manner, not to mention the affluent community received more mail than most stations. Percent to

standard is based on a carrier processing fifteen minutes per foot, and Mad Processors cannot hold them

up and have them waiting on mail. I worked ten-to twelve-hour days and most Saturdays without any

additional pay for over eight hours. We excelled in several areas, despite my staff being reduced only

after I got there. We had an issue where my acting supervisor failed to report to me that some mail was

brought back off some business routes even though we had a plan to get it delivered and I talked to her

on two occasions that day. However, she followed protocol and put the information into the computer

and withdrew it from the volume count for that day, the businesses were closed by the time the carrier

got to them. We try to deliver business mail by noon, but on routes where the carrier calls in sick, on

leave, etc., we call in overtime people or have the available overtime carriers to deliver the mail,

including their own assignment for the day. Consequently, the carriers that were planned to deliver the

down routes that day got to them later than we planned for them to and some of the businesses were

closed. That mail goes out first thing the next morning because it’s already prepared and counted for

delivery, we had four carriers doing overtime for that mail to be delivered on time, but they took longer

than expected on their own assignment that day. The key is our mail went out for delivery, despite some

businesses being closed, we did the best we could considering the circumstances, with the wellestablished union presence at every office I worked in, some more than others, there was great cynicism

towards management, and everyone was aware of it. I managed to gain the union’s trust, for the most

part, and did not receive very many grievances as my counterparts. I made sure that I communicated

with the stewards and executives to try and find a common ground, so that they could know me as a

person and not categorize me in a box with all that they were used to coming from management, some

were diehard’s but the majority and I had a good rapport and respect for one another as I worked as a

supervisor and an acting manager. I achieved low dollar payouts on old grievances before I got to the

offices, because prior managers did not handle the issues with the unions very well, and that was a fact.

As time went on, I developed a reputation that you could trust me and you could talk to me, and I liked

that because dialogue was taking place and if something arose, I made it right within reason, and the

stewards appreciated my handling of adversity, we must be held accountable, everyone. If my staff did

something to violate the agreement, rules, regulations, and similar things, then we handled it, but some

of my staff had to learn, because they were not used to management having true compromise with the

union. They were used to us against them. I couldn’t see the logic when these are the very employees

that are going to have an impact on our goals, plans, objectives, and performance level overall, yes, they

must be treated in a manner in which you let them know that you appreciate them, they’re your

employees for heaven sake, what part of that don’t you understand was my mantra.

In March 2007, we had a managers’ meeting, and Mark Martinez, Robert, and Jenifer were the speakers

at the meeting. After talking about businesses and information, they started talking about stations that

had delivery problems. They know what happened in my case, at Paradise Valley Station, but at this

same time, there were three other stations with similar mail issues, mail was left in the building and not

dispatched. There was mail in the facility that did not go out for delivery, nor was it processed, it was

being hidden, and nothing happened to those promoted managers or that acting manager, and that is

unacceptable, because people get terminated for. Mark saved me for last and said he was going to have a

heart attack over this one. I stood up and told my story about the businesses being closed despite the

plan we had in place and my staff put into the system that the mail was brought back, protocol, but they

made a big deal out of it, when the others should have been terminated for hiding mail, and the mail not

even leaving the building. An auditor came to my office that morning and saw the mail, I knew him

well, but I had another emergency that had to be taken care of before I called Jennifer. My equipment

that is used to count mail to put into the computer program had broken and the carriers were due to clock

in within 20 minutes, so it was imperative to get the equipment fixed and the mail counted before the

carriers were able to receive the mail or else there would have been severe consequences to the entire

delivery and clerk operations for that day, nothing would have been accurate for official performance

reports. I asked the auditor to help me fix the equipment and help me count the mail, so that the mail

would be ready for the carriers. After the problems were corrected, I called Jennifer and told her what

had transpired, but I let her know that the auditor helped me with the problem. Jennifer stated that I did

not call her with the problem until I saw the auditor as if I was trying to cover up issues because the

auditor was there, that is not true. I believe Jennifer just wanted to have an excuse to remove me, as the

discrimination, abuse of power, double standards, and disrespect continued. I was given an Investigative

Interview by Jenifer and sent back to North Las Vegas as a supervisor. We improved Paradise Valley

Station with the challenges of the split zone and the volume that it was receiving from August 28,2006,

- March 30,2007, and if I wasn’t doing a great job, I would not have been there for seven (7) months

running the office. Also, we were best in the city for mail processing, and had 6.9 DPH (Deliveries per

Hour), which was very good at the time with the volume that was received in the station daily; my

carriers were delivering almost 7 extra deliveries per hour base on their previously demonstrated

performance. I used the same leadership skills everywhere I went, and I was received very well, and the

performance proved it. I had minimal to no grievances, and the employees were not used to working

with management, but they worked for me, and morale was high.

Robert came to me one day and told me to switch my supervisor’s schedules, and I did not know why,

Paradise Valley was Operating just fine. Robert said to me one day, “When you’re back at North Las

7 Vegas, think about those supervisors at Paradise Valley Station that put you there.” He wanted me to

8 change their schedules, and, in my attempt, they were calling in FMLA sick, and having surgeries along

with transportation and childcare issues, not to mention scheduled annual leave. I saw no need to change

9 the supervisors’ schedule because the office was performing great, better than most promoted managers

10 an<^

not have the difficulty of a split zone and approximately 100 routes. I asked Robert not long

after I was sent back to my supervisor’s position if the supervisors at Paradise Valley Station are in their

same

positions. He replied, “Yes.” When the Paradise Valley Station position was posted, not only did I

not get the job, but I also wasn’t even given an interview. Both Doug Watson and I applied for

12 || promotion, and he was promoted and not me, I wasn’t even given an interview. I found out later that

Robert had an issue with one of the supervisors that he wanted me to make a schedule change with. I’m

not a game player nor am I vindictive, and this was what Robert was trying to do to the supervisor to

make

life harder for him, this is child’s play.

is || Early 2007, shortly after the New Year, Dana Urbanski was still detailed as Acting Manager, Customer

16 Service Operations, which was the position that Jennifer Vo held. Jenifer was sent to North Las Vegas

as the postmaster, because she was being brutal to employees and they were filing grievances,

17 Management don’t have a union, just an association and the association is comprised of your bosses, so

it really means nothing. Dana and I were having a private conversation, but for the sake of the court, I’m

18 going to disclose what she asked me. Dana asked me, “Why are Mark and Robert so hard on you on the

19 telecon” (telephone conference)? It just seems to me that they talk to you harder than anyone else.” I

said, “You can see it also? I don’t know, except for the fact that I am a Black, tall, serious woman with a

20 [I deep voice.” I told Dana that I called a meeting with Jennifer, Robert, and Mark about how I did not

want to be perceived as a person that would cheat to achieve. Dana replied, “I don’t know; I don’t think

it is right or fair. There are other offices that are doing worse than this one, and they are not talking to

22 11 t*iem

they

t0 you.” You are doing better than some promoted managers. In March 2007,1 was

given a performance report (Flash Report) for Paradise Valley Station that was personally written on by

23 my bosses that said great job for performance indicators, such as delivery hours and ratios, sick leave,

clerk hours and ratios, efficiency and performance of the entire office operations, my Percent to standard

24 was great and my Deliveries per hour (DPH) was at a 6.9, meaning carriers were delivering 7 more

25 deliveries per hour over average, and this was great! However, I was sent back to my supervisor

position in North Las Vegas and Doug Watson was promoted to Paradise Valley Station in Las Vegas.

The same rules and performance that gets one promoted did not apply to me, I was treated differently,

but at the time I did not know that I was being discriminated against that was not my mindset. Because I

2 8 II know women must work harder than men to achieve the same status even though their doing the same

job better, I thought that it was just not my time, and I’m a Black woman. Also, Mark Martinez,

Executive Postmaster Las Vegas, which is where Paradise Valley is located, with the split zone - zip

codes, in a manager’s meeting left me for last to explain accident packages of my employees - carriers.

Mark and Robert left me for last and excused the other managers to insinuate to them that I had done

something so wrong that they needed to speak to me alone. I had all of my four accident packages

complete, and the film was not ready for one, because it happened last night, and I was told by Mark that

I wasn’t ready for the meeting and I should have had the pictures for the last accident that had just

happened the night before, it was ludicrous, I can’t make the pictures be processed any faster than the

store has them available. However, the other three were complete and discipline was given to those

employees, but that wasn’t good enough for their self-driven narrative to treat me differently and in a

hostile discriminating manner. Also, Mark asked me to explain what happened to one of my accidents

and I stated that the employee was parked across the resident’s driveway which is illegal to deliver mail.

Mark replied, “You mean he was obstructing the driveway, I stated if you want to say that.” In addition,

Mark was explaining a situation at the meeting and after stating the situation he said, “It’s no Rocket

Scientist.” Webster’s dictionaiy states, “Used to say that you do not think that something is very difficult

to do or to understand is Rocket Science” but Mark used the term “Rocket Scientist” A Specialist in

Rocketry, and extremely intelligent person, Mark should have used “Rocket Science” not “Rocket

Scientist” in speaking correct English. Why is this important, because it was perceived that I couldn’t

communicate which was absurd, because I communicated every day and my staff and employees in all

six stations on seven occasions understood my correct English and responded and performed as such.

Mark did not have anything else to justify not promoting me so communication was thrown around, and

that is why Robert Reynosa prefaced his call to me in December 2008, “It’s evident that you can

communicate.” I did not know that then, but I found out later after the EEO’s were filed, I can’t believe

that efforts they went through to justify not promoting me after I worked 2 14 years as an acting manager

and applied for 17 positions. They took staff away from me so that I would have greater challenges to

operate my office. I was so call, “Hank Picked” to train a staff member who had been in Human

Resources for 10 years to work in the field offices, and they took my experienced staff member away,

but we still excelled better that any office in the city of Las Vegas while I was at Huntridge Station for

the July 4,2008 holiday performance which produce many challenges, but my staff and employees rose

to the occasion and I was extremely proud of them and let them know how proud I was of them.

In addition, merit time came up and Jennifer evaluated me. After all I had done to improve Huntridge

Station and Paradise Valley Station in Las Vegas, I received a low 3% rating for Fiscal Year 2006, and it

was the lowest rating I had ever received in my entire work life. Even though I knew it wasn’t fair or

right for her to rate my accomplishments like that, I didn’t question her because it was Mark Martinez,

Jennifer Vo, and Robert Reynosa that my complaint would have gone to, and they were already

discriminating and retaliating against me along with abusing their power. It was a no-win situation,

because all of them were in cahoots with each other. I was sent back to North Las Vegas to my

supervisor position, with no reasonable explanation as to why. Some of my accomplishments can be

reviewed on my postal service resumes (eCareer profile and my old 991s). I submitted for promotions

on all my 17 attempts. While on detail, I put in for several positions: Winterwood Station-August 2006

EAS-21 level, Strip Station-August 2006 EAS-19 level, Garside Station-January 2007 EAS-22 level,

Paradise Valley Station-January 2007 EAS-22 level, Huntridge Station-January 2007 EAS-21 level, and

two (2) of the positions remained unfilled until they had someone else that they wanted to fill the

position, even though I was right there in the city working as an acting manager. All these stations are in

the City of Las Vegas where I had been on detail as an acting manager for one full year. Some of the

positions were filled with newly graduated supervisors, acting managers that had not been acting that

long, and some, I was told, were laterals from other states. My ability to bring my staff together and

achieve the desired results, and not be considered for a position, makes one question, why me? None of

the people selected for the positions were African American There were only two of us acting at the

time. The other African American woman stopped acting as manager because of some issues she had.

On March 30,2007,1 called Yul Melonson at NLV (Postmaster Craig was promoted to an EAS-24

Level) to introduce myself to him. After Craig left, NLV went from a Level 22 to a Level 24 post office

because of growth in the city. I let Yul know that I was a supervisor at NLV, and I would be returning to

my position effective tomorrow. Yul said, “No one told me that you were coming back.” I told him that I

was notified by Robert Reynosa and Jennifer Vo that I was returning. I went to see Yul and told him that

I had been on detail for one year, and I would like to take a break for a week, and when I return, I

promised to have North Las Vegas running great just as I had done for Craig Colton. While sitting in the

office, Yul was looking at the Flash report for Paradise Valley Station, and asked me, “Why are you

here?” I replied, “I don’t know, but I need a week of annual to recuperate and gather myself, and I’ll be

ready when I come back.” Yul allowed me to go on annual leave and when I returned, he placed me at

Meadow Mesa Station EAS-22 with about 120 routes and multiple zip codes. Yul had me run the largest

zone/zip code, with the most routes in the office. I excelled once again, and he showed his appreciation

by giving me a gas card because he knew I lived on the other side of town. He gave me an excellence

plaque and a monetary spot award (Cash) for my part in North Las Vegas’ success along with taking me

to lunch.

In the interim, I resumed my position at North Las Vegas Main Post Office where I excelled in my F4 Clerk Operation by revamping the entire operation from distribution to the box section. I trained 204Bs,

acting managers, and performed well in my operation. Also, North Las Vegas Main Post Office received

“Best F4 Award for Work Hours.” In addition, one day, Yul Melonson asked me to come in on a

Saturday to train his supervisors on counting and transferring the vault. I did as he asked. When merit

time came, he demonstrated his appreciation as well, even though he only had part of the rating and

Robert Reynosa had the other part, because I was on a detail in the City of Las Vegas for half of fiscal

year 2007. Refer to my accomplishments for what I did in the City of North Las Vegas and Las Vegas

on my eCareer profile and tell me if I deserved the rating that I received from Robert Reynosa in

FY2007, three percent. Once again, I just let it slide, and I moved on to continue to excel at whatever

life brought my way. However, I was treated unfairly, and Robert retaliated against me. April 2007,1 put

in for Paradise Valley Station EAS-22 for the second time, this was one of the Stations that was not

filled previously and was not promoted even though I worked there previously and did a great job. I

applied for Garside Station EAS-22 level for the second time, this was the other position that wasn’t

filed previously, and I was right in the district, but was not promoted. I applied for Meadow Mesa

Station EAS-22 because Dana had transferred out of the state, and I did not get promoted,

n 9/2007,1 started feeling my heart beating faster than it normally does and I went to my primary care

physician, Dr. Kochy My Tang in Henderson, Nevada, Craig, and I had the same doctor coincidentally.

Craig stated to me one day that he needed to make an appointment because he wanted to see her breast

because she wore low cut blouses. Also, Yul and I were talking about our children’s accomplishments in

college, and he ask me if I know that kids these days believe that if they are having oral sex, then they

are not having sex, and he stated that he was bom at the wrong time, it was disgusting. I wanted to vomit

from both comments. She referred me to a Cardiologist, Dr. Robert Croke who diagnosed me with heart

palpitations. After extensive testing, it was found to be benign. I also had a choking cough and sought

treatment from an Ear, Nose, and Throat specialist, but he could not find the cause, I now know that it

was posttraumatic stress disorder.

9/20071 applied for Valle Verde Station in Henderson, Nevada EAS-22, which Craig Colton was the

postmaster at the time, and received an interview, but it was given to a woman who had already been

acting in Las Vegas and now she was acting in Henderson as a manager. She was the type of person that

spoke back to Jennifer. I did not feel, at the time, that this selection was unfair, until I found out that

there was a team that interviewed the candidates and Craig said that she was already doing well in the

position. During the interview with Craig, not a team or committee, I was given my performance report

• 5

from Paradise Valley Station and Craig Colton said he pulled the report, and it was very good.

Remember, I stated above we were number one in the district for F4 - Clerk Productivity of processing

mail and delivery productivity with earners performing 7 deliveries over their previously demonstrated

performance - DPH 6.9). I was told by Craig that you interview well, and he went back and forth while

he was trying to make his decision. My skills and ability level are high, and I was veiy knowledgeable

of the position. Craig also told me that it was a matter of when, not if, I get promoted. I asked Craig

what is the problem? Then I asked Craig to give me some feedback that would help me the next time.

Craig, after a sigh and stumbled over the words, he was trying to say with hesitation “You are too

confident. You need to use some discretion.” I said thank you and we hung up the phone. I was shocked

and in disbelief. I cannot understand this because you want a confident person to work for you. Craig die)

not know that it is my Faith in GOD, personality, spirit, and consciousness that allowed me to be

dignified and treat people with dignity and respect, and not have to disrespect anyone even if they were

not

treating me the way I should be treated. I don’t engage in foolishness, and I come to work and do my

job and do it to the best of my ability. I understand now that Craig wanted me to break down from the

treatment that I was receiving, and he did not like the fact that we drove the same type of car and lived

in the same vicinity, and I bought my home before coming to Las Vegas, that is the confidence as well

that he’s talking about, not to mention, I should have stayed in my place and not tried to get promoted to

16 the levels like the big White boys, it makes you want to vomit. He used to make jokes about the fact that

his car had seventeen-inch rims, and mine had sixteen-inch rims. I worked hard for Craig and was one of

the

reasons why he got his promotion from Postmaster North Las Vegas EAS-22 to Postmaster

Henderson EAS-24. One day Craig stopped me from praying over food for the office Christmas party,

because he said that everybody does not believe in God, I was hurt and felt strange, because I celebrate

God as the reason for the season. In addition, Craig would not promote me because, I believe, he felt his

land was forced to send his right-hand man (Steve) to Meadow Mesa Station to work for Dana

Jrbanski, and I was out of place frying to be up there with the managers as a Black woman. To me,

Craig Colton is a wolf in sheep s clothing. Also, if the explanation was, she was already doing well in

the position, then why wasn’t I promoted to the offices that I was already doing very well in and going

over and beyond my required duties. I found all this out much later.

In October 2007,1 put in for Sunrise Station in the City of Las Vegas EAS-21, and I received my first

interview by Robert Reynosa and Mark Martinez; but I was not selected for the position. I consoled

myself by thinking, at least I got an interview, but then, there is no way at this point, with my wealth of

cnowledge and performance level, that they would be able to justify not giving me an interview

especially after receiving an interview with Craig for Valle Verde Station EAS-22.1 was told by Mark

and Robert that I had a great interview. Looking back in retrospect, I find it odd that Mark mentioned

my daughter’s Ivy League Education and Honor Achievements, and Robert had mentioned how I had

purchased my home prior to moving to Las Vegas. I guess an African American woman cannot have a

child graduate from an Ivy League College, drive modem cars, and purchase a very nice home in an

affluent neighborhood, but I can perform very well in a manager’s position and not be promoted. The

person selected for Sunrise Station EAS-21 had not been acting in any station at the time; he was going

around the district doing route inspections and going station to station making sure each were properly

utilizing the CSAW (Customer Service, Clerks mail volume counting program), basically quality control

of computer programs being used by offices. The mail ultimately is delivered to the customer via carrier

on the street or clerks putting it in the post office boxes. This was the report Craig Colton reviewed with

me during my interview for Valle Verde Station EAS-22. Paradise Valley Station EAS-22 was rated

number one in Customer Service/Mail Processing. Robert, Jennifer, and Mark gave me an award for

Paradise Valley Station’s performance, but he got the promotion. The award had to be given to me

because I was the person running the office during the time when the office was recognized, not because

they wanted to.

In December 2007,1 applied for Red Rock Station EAS-22 level in the City of Las Vegas, and I did not

receive an interview. I was told that the position was given to a person who wanted to make a lateral

move, and still I was not promoted. Please understand, lateral moves do not take precedence over

someone right in the district, it is a choice to do so, and if all the other acting managers that were

promoted with less experience than I got promoted that tells you something when you look back in

retrospect. Also, I applied for Strip Station EAS-19 that I never got an interview for, because there

would never be a lying justification that they could have come up with to even make sense.

Nevertheless, I still don’t understand how I could be interviewed for an EAS-22 level and not for an

EAS-19 level. However, they kept using me because of my leadership, knowledge, skills, and ability to

perform at a high level in difficult offices and save money because of efficiency and no high dollar

payout grievance, not to mention the morale of the offices were very good and my staff and employees

demonstrated such in their performance. I was respected by my staff and employees and an effective

communicator that gave feedback and recognition. I deserved better than I was being treated and I knew

it, but with upper management being the very people that would have to change, if I complained, made

me feel like it was a waste of my time and effort to address it. My counterparts received higher merit

increases, larger staff, more resources, and promotions, and I was just being used to perform. I can say

that now, but I did not know that then. My brain was damaged from Steve threatening me, and I didn’t

know it.

In January 2008,1 was given the opportunity by Yul Melonson to be flown to Reno, Nevada to work for

Renee Brown, Postmaster Reno, Nevada EAS-22 level as an Acting Manager. I was assigned to her Sun

Valley Station EAS-20 level. John Morgan, Senior Manager Post Office Operations, offered me the

opportunity as well, and I accepted. Even though I’d never been in the snow, I wanted all involved in

selecting me to know that I truly appreciated the offer. After being at Sun Valley Station for one week, I

received word from Postmaster Yul Melonson that Renee Brown, Postmaster Reno Nevada EAS-22 said

that I was a breath of fresh air for her in Sparks Sun Valley Station EAS-20 level. I trained the clerks in

efficiency and productivity. I trained the supervisor on more efficient and effective scheduling forms

and addressing employees. I motivated the entire office, and they were happy to have me there. I flew

home to Las Vegas on weekends and drove to California because my oldest brother (seventy-one years

old) was ill and was not expected to live, and he didn’t. He passed away on February 15, 2008. In the

interim, Robert called me on my cell phone, while I was in Reno, he prefaced his call with “It’s evident

that you can communicate,” and he asked me to come to King Station in Las Vegas. I guess it was

perceived that I could not communicate, which I found ludicrous and insulting I told him that I would

call him back. I called Renee and told her that I was asked to return to Las Vegas to be the acting

manager of King Station EAS-22 level. With regret, but understanding, she said, “That’s a choice you

have to make, but whatever your decision is, I support you.” As a token of appreciation for my

performance at Sparks Sun Valley Station, I was given a Certificate of Appreciation and a copy of the

Flash Report (Official Post Office Performance Report). I told Renee that I would probably go back.

Later that day, I was scheduled to return to Las Vegas on February 23, 2008. Because of my brother’s

death, I did not start at King Station until February 27,2008.1 know now that I should have stayed in

Reno, but I did not know that I could tell Robert no without getting in trouble or retaliation. But I know

now that he just wanted to keep me under his control so that I would never get promoted. I started to feel

more unlike myself, but I could do my job in my sleep.

The City of Las Vegas was hurting for supervisors and acting managers, and I knew it, but nevertheless,

I took the opportunity and did the very best with my resources at King Station EAS-22 level. King was

in such bad shape; it needed an overhaul. Please refer to my resume, but for the sake of this court, I’ll

write about a few accomplishments we achieved at King Station. We cleaned up all grievances dating

back a year with very little compensation paid out; We reduced the budget to -2.5% WTD; sick leave

was reduced to -10%; the Managed Service Point (MSP) scanning rate increased from the low 90 to

99.4%; the Delivery Confirmation Scanning improved from 97.5 to 99.4%; the Percent to Standard,

which was atrocious, improved from 157 to 124%, with my lowest day being at 107%; the goal for me is

under standard (100%), and the total F4 - Clerks Operations improved from 74.23 to 83.11%, and all

mail was processed and the hot cases were cleared every day, meaning all mail was delivered. I removed

the shelves from the registry cage so the Accountable Clerk would not double handle the mail, as an

effort to get it to the carriers in a timely manner. I had two carts that were utilized, and one clerk would

start and if another were available after she got mail processed for carriers, then I would have that clerk

help with the other cart that was taken directly to the carrier and signed for by the carrier. King Station

was a serious challenge, but I was determined to make it one of the best in the city. One of my staff

members, Kelly Waldron, a supervisor, told me she had been at King Station for years, and she had

never seen the distribution employees perform like they were, and it is cleaned daily from mail being left

in the office that meant a lot to me. King was running very well with the clerks processing the mail to

get it to the carriers to take it to the street in a timely manner so that overtime doesn’t have to be used to

get it delivered. After being at King Station for the short time I was there, February 27, 2008, through

May 5, 2008, and the promoted manager returned from sick leave, I went on scheduled annual leave for

two and one-half weeks, my daughter was getting married out of state.

In May 2008,1 put in for Emerald Station in the City of Las Vegas EAS-22 level, and I did not receive

an interview. I was told that no acting managers were interviewed. I felt that was okay, but the selected

person was the person going around the city checking for computer program compliance and had never

been an acting manager until he was selected for the previous Sunrise Station position, now that he is

considered a promoted manager, no acting managers were given and interview. That’s methodical,

systematic, suturing of racism, discrimination, retaliation, abuse of power, nepotism, double standards,

and outright wrong. Around this time, Robert Reynosa stated to me, “If I ask Jennifer Vo what she

thinks about you, she will say that you don’t give enough of your time.” Also, asking Jennifer anything

about me would not produce an accurate positive response, because she has a problem with me calling

the meeting that I mentioned above to clear my name from my staff over counting mail to achieve high

performance on the efficiency of Huntridge Station’s delivery productivity. In addition, neither Jennifer

nor Robert thought that I could lead people to achieve such success, so calling the meeting gave them

venom to retaliate and discriminate against me, because they thought that I would fall on my face, I see

that now.

I wrote earlier how, as a salaried employee, I worked ten- and twelve-hour days and some Saturdays,

and I think that’s giving an awful lot. I did not call Robert, Jennifer, or Mark to tell them I was staying at

work over eight hours, nor did I call to tell them when I worked on Saturdays. Depending on which

office I was working in, and that office’s need, determined what I needed to do to get improved results

to make it better to best performance, they knew I was there because they would call the offices to see

how things were going, and one day I answered the phone and Jennifer acted as if she did not know that

I had been going over and beyond, and said “Hey you, I didn’t know you were there,” but she never

offered to pay me for being there.

Vivian Green, Manager, Operations Support (2008), who supported the District Manager, Shaun

Mossman. I walked over to her after a manager meeting and introduced myself. I said “Hello, I’m Lola

McGee and she said Well, the clean-up woman.” It did not register with me at the time; however, I know

today that it is not a compliment. I worked at six different offices while the other acting managers

worked at one, with fewer routes, and challenges, and they were promoted. The offices I worked at were

EAS-20 through EAS-22, and most of the acting managers in the City of Las Vegas were promoted from

EAS-19, specifically Strip Station. I was told by Postmaster Renee Brown from Sparks, Nevada of the

EAS-20, that I was over-qualified for the position at Sparks Sun Valley Station in Reno, Nevada, but

that was all she had for me at the time, along with letting me know that I was a breath of fresh air. I

know that I was discussed by Renee’s statement, Vivian’s statement, Craig’s statement, Robert’s

statement, Jennifer’s statement, and Mark’s statement, so this let me know that the District Manager was

aware of the misuse and abuse that I was going through with his subordinates, and the Area Vice

President, Sylvester Black also knew because of the facilitation of the flow of information that was

going on during every week with the executives. I know now that I should have stayed in Reno under

Renee, but I was already sicker than I really knew, and you will see as you continue to read.

In June 2008, when I returned to work from being on annual leave, I was given another opportunity to

go on detail in Las Vegas, and Mark Martinez or Jennifer Vo were not in Nevada, at that time. They

were selected to go to other districts. Yul Melonson was the Acting/Manager, Post Office Operations

(MPOO) for the district, and Acting Executive Postmaster-City of Las Vegas, and Robert Reynosa, still

the promoted Manager, Customer Service Operations, (MCSO), were running the City of Las Vegas.

Craig Colton was still in Henderson as the Postmaster and would rotate on detail with Yul as Manager,

Post Office Operations. Corey Richards was no longer a supervisor in North Las Vegas - Meadow Mesa

Station, he had been promoted a few times to a level EAS-24, and ultimately detailed to (MCSO) on

occasion. I was called into the Executive Postmaster’s Office, by Yul and Robert, and told that I would

be going to Huntridge Station as the acting manager. I said to myself, “Great, I’ve been there before, and

I did well.” I was very excited to get another shot at getting a promotion for all the hard work I had done

on my details. I felt Huntridge Station held a special place in my heart because it was the first station

where I was detailed to and performed well. When I received the notice from Robert Reynosa and Yul

VIelonson, I was informed that Huntridge was performing very well, and they did not want it to decline,

nor did they want to have to worry about the performance there. They stated in the meeting that they

needed me to run the station, so they could spend their time taking care of other stations with bigger

issues. I told them in the meeting that they would not have to worry about Huntridge; I will take care of

it. After all, I believe that one of my jobs as a manager is to make my superiors look good, and in turn I

ook good. In addition, I was told by Yul that I was hand-picked to train a lady that has been in Human

Resources for 10 years and she is now coming back into the field, and I said no problem. In June 2008,1

arrived at Huntridge Station and was welcomed just as I had been the First time in April 2006.1 had now

come full circle. I was happy and sad all at the same time, knowing I had some health issues with my

heart, body, and personality, plus my hair was starting to fall out. Remember, I stated in the previous

paragraph that Huntridge was supposed to be running well, and I was to maintain its performance. Well,

I did not consider Huntridge to be running all that well, so I went to work with my staff and got it

running better. Please refer to my resume as this was a very large pill to swallow. The accomplishments

achieved at this facility in just three weeks under my leadership are too much to indicate here, but to

sum it all up. we did an Excellent” job. In addition, I was called to Yul’s office and was introduced to a

supervisor, and he told me that I had been hand-picked to train her about the field. She worked in

Human Resources for years. I said what I would always say, “No problem.” I told her what time to be at

the station, and I left the meeting.

On July 2,2008,1 received a call from Yul Melonson and Craig Colton asking me to go to Meadow

Mesa Station as the acting manager and, of course, I said yes. Even though I had only been at Huntridge

for three weeks, I welcomed the opportunity, once again. I asked them when they wanted me to report to

Meadow Mesa Station, and they answered, Monday, July 7,2008.1 told them that Monday the Lord

created a special day just for me, and I have scheduled leave. Craig responded, “If He created it, then I

guess we’ll let you have it.” It was my birthday, and I had made plans for it.

I returned to Huntridge on July 8,2008.1 had empowered my supervisors with the necessaiy motivation,

plan, and expectations they would need in my absence. I was extremely proud of my staff following

through and obtaining the desired results. They performed exceptionally well for the day after the

holiday (July 5,2008) and for the Monday of July 7,2008, because Mondays are our biggest days

because mail is not delivered on Sunday’s or holidays. Anyone in operations knows that when you can

put a staff together to be the best-performing office in the city for the day after a holiday, and the

Monday following, then you have arrived. To me, your leadership is measured based on how well y our

operation performs when you’re not in the office. They made me proud, and I told them so. I could not

thank them enough for their performance.

On July 10,2008,1 had my first staff meeting at Meadow Mesa Station, and towards the end of it, Jerry

Wilson (Jerry) came by to share the information that was given to him from Shaun Mossman (District

Manager) and Craig Colton (Acting Manager Post Office Operations) MPOO. I tried to tell Jerry that ,

had talked about overtime and how we were going to capture more undertime. That mornings I walked

with the supervisors, demonstrating how to address the carriers. Jerry said, “Undertime is hard to get,”

and some other words that I did not get because I was trying to get the sweat off my face that had just

come over me. Jerry appeared to be paranoid about his performance at NLV because he would always

say, “Shaun is going to address me for overtime, sick leave, voice of the employee (VOE),” a survey

given to each employee of the postal service once a year in which ratings are calculated quarterly. It

appeared that he dreaded every day’s performance would not be good enough. What Jerry failed to

realize was that I could help make his experience in NLV much better if he allowed me to demonstrate

of my skills and abilities. After all, I improved every office I worked in. However, I was never

promoted. I now see that Craig, Robert, Jerry, and the rest of my superiors did not want me to not do

^esa because I had always done exceptionally well in leading my people to success.

All

the

different

staff members at each office work very hard for us to achieve success, along with the

employees. If I did not do well at Meadow Mesa with the size of the office, well over 100 routes, with

rural

and city delivery, large distribution volumes of mail, window operation, and a very large parcel

(packages) volume to say the least, then the blame would be on me. Craig was in the MCSO position,

and he would come to Meadow Mesa and talk to Jerry and act as if I wasn’t there, I did not understand

this at first. That is why he never called me with information, he called my staff. When he would come

to the office, he would talk to my staff or employees and not give me the respect and discuss the office

with me. I remember one day I was giving a standup talk (facilitating the flow of information of what I

wanted to achieve) and he talked to the rule route union steward throughout my whole talk. If he wasn’t

interested in what I was saying, it was very important for her to listen so that she would know my

expectation and instruction. Jerry did not know how to lead managers, but I respected him because he

was my boss. I believe he thought that if North Las Vegas Main Office was operating well, and Meadow

Mesa Station wasn’t then he would blame the poor performance of Meadow Mesa Station on me. He

gave me specific instructions to not change any processes that were going on when I arrived, so I didn’t

However, my communication regarding the office and my direction as to where I wanted it to go was

8 11 channeled through staff meetings and employee stand-ups. I kept everyone informed of our goals for

Meadow Mesa Station, which is the sister station to North Las Vegas Main Office. However, Meadow

9 Mesa Station is over five times the size of the North Las Vegas (NLV) Main Office.

On August 6,2008,1 was called by Corey Richards (Corey) for an interview for Huntridge Station that

11 was scheduled for August 7,2008, at 1:00 p.m. I was very excited, and said, “Thank you,” before

hanging up the phone. The next day (August 7,2008), I prepared myself for the interview and went to

12 work at Meadow Mesa Station. I was running a little late. According to Jerry’s calculation, I was late on

13 approximately three occasions. I will explain my lateness in a few minutes. As I was leaving for the

interview for Huntridge Station, I was called back into the office to take a phone call. It was Lorraine

14 11 Mims, telling me that Craig was not out of his meeting, and Corey told her to call me to let me know

that they wouldn’t be ready until Craig is out of his meeting. I thought to myself, Craig in a meeting and

let it go. I went to get something to eat and while I was out, I called Lorraine back. I told her to let Corey

16 II ™ow tbat smce i badt0 travel so far, I would start making my way there. I did not want Corey to call

me and tell me to come on, and I had to drive that far with the anticipation of how my interview was

17 going to go. As I made it to the freeway, Lorraine called me back and said that Corey said not to come

now because he did not know if the interviews were still going to be done that day or not. I then became

unhappy. I returned to the office and found out that Yul Melonson and Craig Colton were trading places,

19 ana CraiS anc* Corey were going to conduct the interviews. I was later called by Corey to inform me that

my interview was rescheduled for tomorrow (August 8, 2008) at 1:30 p.m. I arrived at the interview and

20 was told that I did very well. Yul Melonson is the first Black Executive Postmaster of Las Vegas in 114

years at that time, and it happened because of me filing an Equal Employment Opportunity Commission

Complaint. Since I had worked very hard for Yul, I believe he was going to promote me to Manager

22 Customer Services, but Craig and Corey stopped that, because my original interview was with Yul on

August 7,2008.1 ended up with my interview being changed to August 8,2008.1 now know to what

23 extent they took to sabotage me from being promoted.

24 II

On August 18,2008,1 received an eCareer email stating I was not the selected applicant. I called Corey

25 |lthe selectmg official, and I asked him why? Corey said that I interviewed very well, and I was right on

What he was looking for’but he selected a guy who asked for a lateral, and he had been an

26 nr, “ianager beforo. He was from outside the district and, yet again, I could not say anything.

Unlike other times, I kept my thoughts to myself, but not on this decision. When I received the news I

spoke to my staff and Jerry. I told them that I worked very hard at Huntridge, for the second time and

28 did exceptionally, and they gave it to an outsider. I was told by Corey not to be discouraged that there

would be other jobs coming up. I thought to myself, since there are other jobs coming up then why

couldn’t that guy have taken one of them when they come up? Once again, I had to accept the answer

that was given to me. I now felt that I was discriminated against, something wasn’t right, and this was

job number Hof the 17 that I ended up applying for but did not get promoted after doing the job for 2 '/2

years. My attendance record spoke for itself, with a year’s worth of time on the books, a loyal and

dependable employee, self-starter, and would help anyone with my knowledge and experience. I worked

over and beyond my required duties. I worked when I wasn’t scheduled to work. I worked ten-to twelvehour days. Sometimes, I worked on Saturdays. I was a salaried employee, so I did not get paid for it, but

as an acting manager, I was supposed to get paid while acting, because I was a supervisor, but upper

management did not allow supervisors that were acting managers to swipe their card on the time clock

in order to get paid for the hours they worked over eight (8) or forty hours (40). I graduated the United

States Postal Service Supervisor Program while still in California in 2001, so with my education —

degrees, experience, wealth of knowledge from knowing the entire operations, I was very experienced

and qualified to perform well in any position that I was assigned to. There’s a right and wrong way to do

anything. My heart is right and so were my intentions when it came to managing people at the

workplace. That’s why, I believe, I received positive results immediately from the people I worked with

after entering each new station. I did not have low self-esteem and no personal agendas while I

performed my duties as a supervisor or as a manager. I expressed what I wanted, and the employees

produced as I facilitated. Honesty was my best policy. The process I used was in accordance with what

the senior managers required. I simply had my way of achieving the bottom line. For giving the USPS

all that I had, they received a strong and positive working woman.

On Monday, August 25, 2008,1 arrived at the office about 6:55 a.m. I had called my staff, as I did every

morning, to find out how we were doing and what the challenges were for the day, and to give any

instructions/directions that I wanted us to take. I walked out on the floor, picked up my paperwork, and

continued to sign the SPH log and observed file hot cases and continued to the parcel area. I gave

instructions to my staff and to the clerks on what needed to be done. We were inundated with parcels as

usual, we had previously planned for Monday’s volume by scheduling employees as best as we could

with the available resources. As I continued to walk the floor, I saw Jeny Wilson approaching the

supervisor’s pit. I walked in his direction, and he met me. He started talking about the operation and

going out on the street to let our presence be known. I told him about the hot case and the parcel area,

and he asked me about the other clerk, Came, John Bell’s wife. I told him that she had been off sick for

a week now; she had surgeiy. He asked if I had paperwork, and I replied, “Yes. It was already planned.”

He went on to say, “We need to address these clerks; I don’t care whose wife it is.” Consequently, I was

a little perturbed because I had been at Meadow Mesa since July 9,2008, and he had emphatically

expressed his desires, and had stated his instructions with conviction. As the subordinate manager, I

ollowed his lead, rather I liked it or not. He was not the type of person who took suggestions very well.

Je called the shots, and that s how he wanted it to go. I tried to inform Jerry that I was from NLV and

many of the things here were done the same at both offices, and we shared the resources for the good of

the city. Later that morning, Jeny was in my office, and I asked him if I could have Joe Frucione, the

clerk that had a bid at Meadow Mesa, which is where he belongs, but Jeny wanted him at the main

office to help with an inefficient supervisor. I asked Jerry three or four times for Joe Frucione. I told him

that the main office had four scheme clerks with twenty-seven routes and a thirty-minute Auxiliary

(Aux) route, which is a partial route, and Meadow Mesa Station has 65 city routes plus twenty plus rural

routes, in addition to the consignment routes and massive volume for a more affluent area where people

received more mail. With five scheme clerks (clerks who process/throw mail by route from their

memory into a slot or hamper). Jerry’s reply was, “I’ll see.” Three weeks after being at Meadow Mesa,

Jerry called us all together and reported that the performance of overtime the last two weeks was

horrible, and we have to do something about it. After the meeting, I asked Jerry if he thought the

problem was me and he said, “Well, you have been here for two weeks.” I said that we have a full

annual leave board with long-term sick leave, and the main office has Transitional Employees (TEs) that

are needed over here to balance out the city during this period. I said that the main office is not splitting

enough routes and not capturing enough under time.

In my opinion, Jerry is a racist, disrespectful person and does not have the wherewithal to manage

experienced subordinates and his skills, knowledge, and ability to run a large operation are lacking for

effective and efficient success of postal units as a whole; even though my superiors sent Jerry to do their

continued dirty work on me. His communication is very poor and ineffective, along with his decision

making skills. His demeanor is disrespectful because of his insecurity. He’s a person that condones

collusion of discriminating actions and behavior. It is very clear to me now that when Craig would come

by Meadow Mesa and instruct Jerry to conjure a scheme to try and make me look bad, he could not deal

with the professionalism I have as a person because he was saying things that would produce a poorquality day in Meadow Mesa Station. I have experience in all operations in the field, and my highly selfdriven work ethic was normal to me, so an experienced person like me wouldn’t sabotage her on

operation unless they were self-sabotaging. The plot was to create a plan so that I would fail and not

have a high-performance level at Meadow Mesa Station, like I had at all the other offices that I worked

in. Then this will be a reason to justify not promoting me, but it didn’t work even though I did not know

the game they were playing at the time. I go to work to do a job that I’m being paid to do, and I have my

own consciousness that would bother me if I did not live up to my fullest potential. Jerry would come to

Meadow and talk to me with my staff, making decisions for us without any regard for what I’d put in

place or what planning we had done. One day, Jerry came to the office and called a staff meeting. He

told me he was changing my start time to 8:00 a.m., because he wanted me there in the evenings and that

every supervisor was going out on the streets daily to address the street expansion. I reiterated that we

already had a plan in place for the street, and we would be down supervisors, so I would be running one

of the zones. I also told him that I didn’t have to have a change in the start time to be here to five or

later; I could start at 7:00 a.m. and still be here to 5:00 p.m. It’s not like working long hours was new to

me; I’ve done it my whole postal career. This was another scheme up Craig and Jerry’s sleeve that

didn’t work in their sabotage. I realized these things years later.

There are just a few things I must state about my experience with Jerry Wilson as my boss. It appeared

to me that Jerry felt if he could make the NLV main office produce numbers then he could pin any

negative performance of Meadow Mesa on me even though he professed he wanted the city to do good.

I was assigned to NLV since May 15,2004, and had worked at Meadow Mesa prior to coming over on

detail as a manager, and we have never been a city to not do well under both leaderships with Craig

Colton and Yul Melonson and the both of them were North Las Vegas Postmaster’s, at different times,

and I worked very hard for them both, and NLV was a big success while I was there. When there wasn’t

a supervisor to run the other operations, I worked in all areas by myself. If Craig or Yul wasn’t there, I

oversaw making their decision and running the entire office by myself, which was often. One day, Jerry

notified me that we needed to start doing the projections on the new Blue Share page. I looked at the

indicators and asked Jerry if they want F2 or F2B hours, and he said just the carrier hours. Craig sent out

a nasty email the next day with the variance, and I was 1% over my projection. I replied to Craig’s email

stating that I thought it was a 2% threshold either way. His returned email stated it was not. I called him

and asked if he wanted carrier hours or total F2B because sometimes those functions were interchanged

with people. The next business day Jerry insinuated that I had gone over his head by addressing the

email and clarifying the indicator with Craig. My reply was, “No I didn’t.” I wanted to know what he

wanted on the spreadsheet, in a jovial manner. Jerry did not say anything else about that. We went on

talking about something else. On Friday, August 22,2008,1 called NLV and asked for Jerry and was

told he was at the district with Yul Melonson (Acting Postmaster Las Vegas City). I called Yul’s office.

I could let both know of the condition of the office for Saturday, August 23,2008, with down and

splitting routes. My supervisors made a mistake on the schedule, even though we prepared the schedule

in advance. Instead of having to split five routes, we were going to split eight and case eighteen, which

minimized the overtime employees. Yul was unavailable, so I left a message. Later, I called Jerry’s cell

phone and told him about the mistake the supervisors made, and he said we would just have to live with

it, because the Scheduled Day off (SDO) employee request was already into Shaun. I asked Jerry if we

could have a Transitional Employee (TE) from the main office, and he said that Mel, the supervisor,

already had the floor set, and he didn’t think so. I told my staff we had to make the best of it, but from

this point on, I wanted them to have every 3971 (Official Employee Leave Slip) with them, and we

would go route by route since those mistakes were being made. An hour or two after talking to Jerry,

while he was on his way to the airport, I received a call from Yul. I told him that I had called his office

to speak with Jerry, but I’d talked with him already, and he told me that the SDO (Scheduled Day Off)

employees request was already into Shaun, so it’s okay. Yul asked, “Well what’s wrong?” I replied “It’s

okay” I don’t want Jerry to think I’m going over his head. Yul persisted in a concerned manner, and I

told him that my staff made mistakes with the schedule, and we were casing eighteen routes and splitting

eight routes, which the carriers were not there for those routes, which meant those that were there would

have to help with the down routes duties, casing theme up for supplemental carriers to carry and the split

routes had to be split with overtime people and still try to make efficient performance indicators.

Regardless, the mail must go to the street for delivery, that isn’t an option. I’ve already talked to Jerry,

and he said no SDO employees, so I said I’ll do the best that I can.” Yul asked me if I had thought about

bringing the TEs in early. I replied, “I can’t do that because I really thought that it was a “no, no.” He

said, “Look at who could come in and manage your Percent to Standard (% to STD) and overtime.” I

said OKAY. Percent to STD is assessed by the volume of mail a carrier gets and the time they must case

it up to be ready to pull it down and take it to the street for delivery. The indicator of efficiency is 8

magazines and 18 letters divided by the amount of mail a carrier gets. Most of the carriers that have been

doing their routes for a while are more proficient and they perform better than standard. The short of this

indicator is casing 15 minutes per foot. The faster they case, turns into the faster they get to the street for

delivery. The indicator for deliveries is Deliveries per Hour (DPH). If you remember above, I had a 6.9

DPH at Paradise Valley Station. This means that the carriers were delivering 7 more deliveries per hour

than their standard. These are just some of the indicators and the clerks have indicators for efficiency in

distributing each piece of mail that comes into the office for that delivery zone, zip code. Some offices

have several zip codes where mail must be processed in the same manner.

A few days earlier, Jerry came by the office and said to me in a by-the-way-demeanor, “You went over

my head with Craig on the email,” and I replied, “No. I just addressed the email because it had my name

on it along with Meadow Mesa’s Variance.” I just listened. I asked Jerry to go to the parcel section. “I

want to show you what we have,” I said, and he said, “No, I don’t need to go over there. I know what it

looks like.” I reminded Jerry that he had told me he did not want any processes changed; so, I did not

change any. Jerry then responded with, “Well, if we need to change them, then do so.” Jerry just lacked

the necessary skills and qualifications to be an Acting Postmaster for a city the size of North Las Vegas,

even though he was a postmaster for a small station in the Reno area, period.

SEVERE PANIC ATTACK/NERVIOUS BREAKDOWN AND NO INVESTIGATION

On Monday, August 25, 2008, while in my office after leaving the floor, Jerry Wilson walked up to me,

turned his body toward the left, in an effort to maneuver that large belly out of the way, got directly in

my face, breathing hard, with grit, and threatened me with, “You continue to go over my head with

Craig and Yul, and I’m going to do something about it” To make sure I got his message and intent,

Jerry was angry, abrupt, hostile, aggressive, nasty, and disrespectful in his tone. I didn’t know if that

meant physically or career wise. I didn’t know what he was going to do, but it was the straw that broke

the camel’s back.

Never in my life have I ever been written up on any job. I’ve been loyal, respectful and a team player,

and have endured rejection and disappointments. I’ve produced great performance records and extended

myself over and beyond. I’ve gone wherever asked of me, and have worked ten to twelve-hour days, and

Saturdays in some offices. I did not do these positive things to be addressed with a threat of harm or

receive a negative impact on my career. Attached are medical reports, caregiver affidavits, and more. As

stated before, I believed Jerry to be paranoid about how he was seen in NLV. I endured the pressure he

placed upon me, because I thought being a strong person, I could handle it, but that day was different.

When he left my office, I got dizzy. My head and body were experiencing shocking sensations. I advised

my staff I would be leaving early, but I told them I had a reaction to some medication because I did not

want them to know what happened. I was seeing double and was feeling very hot. I was

hyperventilating. My head was scrabbled, and I thought I was either going to pass out or die. Either way,

no one would have known the reason because I’ve always been the type of person to take what is dished

out and make the best of it. I was in my office trying to regain my composure to drive home. I went to

the restroom to see if I needed to use it. My stomach felt nauseous. I got water, and I tried to make sure

it wasn’t anything on my desk that I needed to address immediately. I checked my email, replied to

some, and then I got my purse and left. As I was driving home, I prayed to the Lord. My brain was not

acting right. I did not want to pass out or have an accident. The shocks going through my body were a

great concern because I did not want to have a heart attack either. I said, “Lord, if you just let me make

it home and if I don’t feel any better later, I will go to the hospital.” At that point, I was confused, but I

knew my body was not well. After two or three hours of disturbed sleep, I woke up and tried to eat a

sandwich, but it made me sick to my stomach. My body was still in a traumatic state, and I could not

explain it, nor did I know what was going to happen next. I called my daughter around 9:00 p.m. and

explained to her what was going on with me, and she said, “Mama, I’m so glad you called me because

you just keep what’s going on with you so private.” My daughter is an Advanced Practice Nurse (Nurse

Practitioner) specializing in mental health. She told me, in a nutshell, along with other things, that my

body shut down after enduring all the stress and strain that the post office had put upon me. I then

realized I could no longer think about the post office and my image. I had to think about my health. I

could have continued being loyal to the post office and they would have eventually said, “There she lay”

instead of “There she goes.”

Even though I hesitated to call Jerry the night of August 25,2008, with fear of reprisal and the fact that I

would surely never get promoted now, I called Jerry Wilson that night on his cell phone. I had to make a

sensible choice about my life. Still, my thoughts were racing, and I was second-guessing my decision to

call. I let him know that I was claiming an on-the-job injury, and I would like him to send me a CA-1

and a CA-2 form in the mail so that I could complete them and send them in to Injury

Compensation/Office of Workers’ Compensation Programs (OWCP).

Since I had been up practically all night with my body and head condition, also my racing thoughts, I

thought it best to give Jerry a call at the office at around 6:30 a.m. on Tuesday, August 26, 2008.1 called

NLV and Jerry answered the phone. I asked him if he got my message from last night on his cell phone,

and he replied, “Yes.” I asked him if he could do me a favor and look in Employee Resource

Management System (eRMS) and get my address to send me a CA-1 and a CA-2 because I’m filing an

on-the-job injury, and its Stress. Stress was all I though say. He said, “You know that I’m going to have

to report this,” and I said, “Yes.” He paused for a minute and then asked, “Lola is this about the job that

you didn’t get in Vegas?” I replied, “Jerry, I know that you need some information, but I will give it to

you in writing.” We hung up the phone. Jerry never sent the paperwork, on the last day of the pay

period, which was 8/29/08,1 went to injury compensation office and filed my on-the-job injury from

Jerry’s threat and presented medical documentation and statements for support. Jerry submitted an

untruthful statement, with contradictions and self-incriminating remarks. The postal service sent in

controverting statements to the Department of Labor, and to this day, I have not been compensated for

my injuries and illnesses. I have been diagnosed with PTSD, Anxiety, Major Depression, OCD, Panic

Disorder, I had a heart Operation, and I have Peripheral Sensory Neuropathy — Nerve damage to my

body and extremities. I was psychotic, insane, loss of vision and hearing, and feeling. I moved over 12

times across the country, because I thought that Steve and Jerry were coming to kill me, or someone else

was going to kill me. had caregivers to take care of me because I couldn’t care for myself. My daughter

and other caregivers helped me get a Medical Disability Retirement, Social Security Retirement, and

helped me right out in book form what happened to me; my doctor prescribed the task, because I

repeatedly talked about my story every day, and I thought the FBI was flying in helicopter to get me,

and smart birds were chirping to signal for people to come and kill me. I thought people could see me

through walls, and floors to come and kill me. I could not listen to tv or music, nor did I want lights on, I

was traumatized, confused, and I had slurred speech. I had to be taught how to walk again, and the pain

was inhumane, and the human psyche cannot conceive.

Somewhere around late August 2008,1 spoke to a lawyer, and I told him my story, and he told me that I

had been discriminated against all the time, but he did not handle federal cases. I filed several injury and

illnesses claims with the DOL, and five (5) EEO’s. The EEOC combined the EEO’s into two cases, one

for 2008, and one for 2009, and this was wrong. On 6/18/09 the United States Postal Service - Nevada

Sierra District issued its final investigation decision and on 6/19/09,1 requested their final agency

decision. I later read a page where Craig Colton was justifying and lying from their investigation

themselves and I lost my mind for years. The EEOC sabotaged my filings and did not even acknowledge

its own people’s reports, and they ultimately denied both cases that they had created, even though the

postal service pre-evaluator wrote and said something different, like investigating the same people for

current, previous, and future discriminating actions and behaviors. I filed EEO’s when I became aware

of the infraction, and the postal management continued to behave in that manner, so subsequent filings

followed. In February 2010,1 had a heart operation due to PTSD, Panic Attacks, and Threats to my life.

The EEOC made its last denial in May 2013.1 was crippled by the denials from everyone.

One day, I received a call from someone who is a friend of a friend of mine; and my friend told her to

call me. The lady had been helping people with EEOC appeals, and filings with the District Court of

Nevada Even though I had gotten better, I was still in no condition to deal with the court, nor did I

know how to deal with the court. I told her what happened to me, and she helped me create the filing

and file it in the District Court of Nevada If it wasn’t for her, the case wouldn’t have been filed. See the

affidavit from Rosemary Garity. I still had very poor cognition.

On August 8,2013, the Original Complaint was filed in in The District Court of Nevada. Thousands of

documents were filed with the complaint. A hearing was scheduled by Magistrate Judge Cam

Ferenbach, and the assign District Judge Miranda Du, see attached. Later, another decision was made to

submit an Amended Complaint, and the same supporting documents were submitted in October 2013.

Yet, it was not entered into the docket until 2/26/14, and this is wrong. The postal service did not submit

a response until 7/28/14 (ECF No. 18), stating jurisdiction, exhausting all remedies, timeliness, and

nothing else. They responded late, and we have addressed this by filing a default judgement. The Early

Neutral Evaluation (ENE) was assigned to Magistrate Judge Nancy J. Koppe, I have never been before

her, and she was taken out of the system so it would not be noticed for the ENE meeting. I submitted

supporting evidence to prove my case, so it should not have been a problem. But for, management of the

Nevada postal service, I would not be mentally, physically, or emotionally disabled, or dealing with the

court system. The district court was unethical, unprofessional, untruthful, corrupt, biased, and did not

follow the law with handling my case, even the docket entries were entered into the system incorrectly,

rather hand carried to the court or filed into the court’s electronic system, (ECF Nos. 8 - Amended

Complaint, and 11 - Exhibits to 8, are separate, and together, but the filing was hand carried into the

court and stamped October 2013, yet filed into the system on 2-26-14). My assistant (Rosemary Garity)

and I were on the phone with Brian Pugh, attorney for postal service, and we started exchanging

discovery, and we had created a Proposed Discovery Plan/Scheduling Order (DPSO), (ECF No. 30). The

discovery of (ECF No. 30) was never followed thereafter. Due process was not given to me period. In

the interim, the district Judge was changed to Richard F. Boulware, II, and opposing counsel was

changed to Krystal Gallagher, who later became Krystal Rosse, along with opposing counsel Roger

Wenthe. Also, the Chief Judge was changed to Gloria M. Navarro. My assistant, Rosemary is not an

attorney, and there were a lot of back-and-forth docket entries, and changes that I do not understand, nor

was I mentally capable of understanding such processes. We submitted for an attorney on numerous

occasions, but all filings were denied. We submitted to clarify/correct the record but to no avail, there

were incorrect narratives from the court and defendant.

On 9/11/2015, a hearing was set before District Judge Richard F. Boulware, II, he replaced District

Judge Miranda Du, and the Magistrate Judge Cam Ferenbach remained on my case. Judge Boulware, II

entered the bench and stated to me “You may have been discriminated against, but ignorance is not a

defense.” He stated that he had read all my filings in my case, so I knew that he knew that I was

mentally, physically, and emotionally disabled. Rosmary had gone to the disability office in the court to

let them know that I had hearing loss. When I went to my table, I spread out the filings we had created,

and I did this every hearing, but I was never given the opportunity to read them, rather I could or

couldn’t, I still deserve justice. I court has never accommodated my ability to hear what was being said

by Judge Boulware, II, and Magistate Judge Ferenbach, as they spoke at hearings. I continued to ask for

correction on the record and background, because what was read by Judge Boulware, II at the 9/11/15

hearing (ECF No. 57) was not correct. The court transcripts do not reflect what happened in court, nor

do they reflect the supporting, factual evidence that was submitted by us, nor the laws that support my

case. The court did not continue with (ECF Nos. 18 defendant’s first dismissal, and 30 DPSO that was

the start of discovery from previous defendant’s counsel, Brian Pugh). As District Judge Boulware II

started reading my case, I raised my hand, and stood up informing him that what he was saying was

wrong, arid I asked him, where did he get that from. He instructed me to let him finish and I could

address it, but I told him that I would forget what I wanted to say, my mind was confused, and racing

thoughts were going through my head. He finished and he addressed me to talk, but I stood up and could

only say “6/18” and I went into a daze. My assistant grabbed my arm for me to sit down. The court

ordered the defendant to have a limited discovery of my EEOC and Medical Records, even though I had

already submitted the documents. We believe this was to circumvent the process, late defendant’s 1st

dismissal (ECF No. 18), and not address the previous DPSO (ECF No. 30), because Mr. Pugh did not

request any depositions of my doctors, and this way, Judge Boulware, II allowed a 2nd dismissal, and

another DPSO (ECF No. 210) that I was not a part of. The court allowed defendant over three years of

extensions and stays. I asked for two weeks, and one stay, and both were denied. The court has never

acknowledged my mental disabilities, heart operation, and any disabilities, and it allowed defendant to

file a Sealed document, which was my heart operation, yet, I had already submitted it in my Original

Complaint dated 8/8/13, and my Amended Complaint submitted in October 2013, yet entered in the

system on 2/26/14 (ECF No. 8 and 11). Defendant submitted their 2nd dismissal, (ECF No. 106) , we

submitted a Response (ECF No. 136 and 137 - Motion to Strike 136) in which we addressed all the false

allegations and conjured up lies of my case, but to no avail. Nothing that we filed was addressed, and the

court acted as if we submitted nothing in my defense. District Judge Richard F. Boulware, II wrote a

narrative in chambers, to Strike my Response #136 on 11/23/2016 (ECF No. 142). This appeared to us

to be a mistake, but to this day it has not been corrected, or addressed. Magistrate Judge Cam Ferenbach

ordered the defendant’s counsel (Krystal Gallagher) now she’s (Krystal J. Rosse) to set up depositions of

my doctors, (Dr. Mary J. Reed, and Dr. Rick Jenkins), both are psychiatiy providers. I had hired an

attorney (Sharon Nelson Law Firm), but I did not know that she worked with the postal service on its

cases, but when asked, she admitted it. She took me out of the system, and I did not know what she was

filing I let her know my desire about issues that had already developed, like continuing extensions and

depositions of my doctors. I had never met her, so I set up a meeting, and the deposition of Dr. Reed was

scheduled for 12/8/15. Dr. Reed was sick, so she cancelled, and would not reschedule until April 2016,

her deposition was videoed, because she was ill. However, Attorney Nelson never worked in my favor,

and I didn’t feel right about her. I went to the appointment, but she wasn’t there, supposedly she was ill,

so I paid my fee. Later we scheduled another meeting, and she did not want my assistant in the room,

but I insisted. Come to find out, she was working with the postal service, and I terminated her, but she

would not give me my money back, 2/28/2016. On March 30,2016, a deposition was scheduled for Dr.

Jenkins, and I was told by opposing counsel (Krystal Rosse) that I cannot speak or question at the

deposition that she paid for, unless I pay for my time, which was scheduled for an hour. Ms. Nelson

entered the case on 12/8/2015 (ECF No. 71), and I terminated her on 2/28/16, which would be the last

electronic entry of (ECF No. 80 entered on 2/24/16). There were entries by Attorney Nelson that we had

to correct by filing documents to reject her filing that we thought she made contrary to her advocacy of

my case. There were a lot of court entries that were not understood. With Dr. Jenkins deposition

scheduled for March 30,2016, we submitted (ECF Nos. 90 - Motion for Sanctions re Discovery, 91 Motion to Expedite re 90, and 93-Motion to Compel Re: Discovery), because defendant cannot stop me

from speaking at my own doctor’s deposition that they ordered, it’s against the law, yet the court did not

stop Ms. Rosse even though the motions were filed way before the deposition date of Dr, Jenkins. The

first motion (ECF No. 90 was submitted on 3/8/2016.1 was very upset, and I revoked the filings 90, 91,

and 93 by submitting (ECF No. 101) according to the court’s electronic filing system, but I’m not sure

of that date, because I remember it being days before the deposition or shortly after, not 5/6/2016.

However, the court held a hearing on May 20,2016. Magistrate Judge Cam Ferenbach entered the

courtroom apologizing and stating that he was on vacation. I do not believe that to be true, because of

the activity on the docket, and for two months no one handled his responsibilities. Magistrate Judge

Ferenbach ordered another 30-minutes deposition, and I was given 20 minutes, and defendant counsel

(Krystal J. Rosse) was given 10 minutes for follow up. I had an emotional outburst, because she would

have one hour and 10 minutes, and I would have 20 minutes, but it did not change. Because I did not do

well at Dr. Reed’s deposition, I could not address things properly, and I forgot things, and I did not

know how to address or arrange what I was trying to say. I had gotten better, but I still would go into a

trance, slurred speech, lack of understanding, lack of comprehension, and other mental disabilities. We

had created questions for me to ask Dr. Jenkins, since I could not remember what was already asked and

answered, I just kept the plan with my notes, and that’s what I did. None of my doctors gave the

defendant nothing of the contrary, I believe that was their aim from the beginning; however, the truth is

the truth, and my 30 plus providers, over the years, have saved my life, by God’s Grace.

Even though there are several issues with not being treated fairly, and the court acknowledging my

mental, physical, or emotional disabilities that precluded me from speaking at hearings, or my inability

to hear at hearings which did not afford me Due Process, and the court did not allow my assistant to

speak for me because she’s not an attorney.

On 10/10/2017, District Judge Richard F. Boulware, II filed an Order (ECF No. 166) granting in part

and denying in part (ECF No. 106 — Defendant’s 2nd dismissal) where they brought new issues, claims,

and deposed my doctors. My Response to 106 is (ECF Nos. 136 and 137). Following were filings

informing Judge Boulware, II of issues concerning what was in Order 166, but to no avail, (ECF

Nos. 167, and 168) were denied. Defendant submitted its 3rd dismissal (ECF No. 170 - Dismissal of

Plaintiff’s Section 1981 claims). Defendant cherry picked its defense, because they never addressed my

total Amended Complaint, and the court allowed defendant to do so. Defendant never submitted an

“Answer” to (ECF No. 166), so we submitted filings for Default Judgement, to the Clerk, the court, and

the defendant, but to no avail. To this day, the defendant has not filed an “Answer,” and the court has

denied my “Extraordinary Circumstances” that was submitted with (ECF Nos. 1, 8, 9, 30, 39, 62,90, 91,

93, 122, 131,136,137, 143, 145, 147, 166, 167, 168, 172, 173,174,177,181,183,188, 191, 192, 193,

194,195,200,201, 203,205,206, 215,216, 220,221,224,226,228,229, 230, 234,236,241, 245, 251,

and 258). Opposing counsel, Krystal Rosse, demanded that I not email her, and after notifying the court,

Judge Boulware, II did nothing about it. Roger Wenthe told me to never call him again. District Judge

Boulware, II’s, deputy clerk helped opposing counsel with a filing that was late, through a threated

email, and her name showed up at the bottom of the email, and when it was brought to the court, Judge

Boulware, did nothing about none of it. My entire case was denied regardless of what was submitted in

my favor, and the law, but the court was not looking for the law, truth, support, or anything that I had to

prove my case, so it left the Age claim. I had an emotional day when it registered with my brain. Later,

the court allowed the defendant to submit documents that were not shared with us, and we asked for

proof, but the court only went on opposing counsel word. I was not afforded a fair trial, and the law did

not matter. We filed under Section 1981, and the time limit is four years, so why didn’t the court allow

that process, I deserve justice, and a fair proceeding. The same rules did not apply to me, and I’m

disabled. There are so many issues that arose from the District Court of Nevada that were unjust, and

unethical, some I’ve previously mentioned, such as, a hearing was scheduled, and Rosemary and I

arrived in the courtroom, but no one was there. We waited for the deputy to come back, and we

questioned him about the hearing that was scheduled, and he stated that there wasn’t a hearing

scheduled. We told him that it was a scheduled hearing, and he was veiy nasty, rude, and firm. We asked

him to see Magistrate Judge Cam Ferenbach, but the deputy stated the Judge will not be coming out. We

went down to the Clerk’s office and requested reinstatement for my expenses, room, board, flight, and

food, etc. We completed a complaint, but the Clerk and Chief Judge stated that they could not pay us

back, this was unacceptable. I met the reasoning standard for “Extraordinary Circumstances.” I qualified

for my time in submitting my appeal should have been “tolling” for the postal service and the EEOC,

and the District Court of Nevada. One good thing that resulted from my EEOC cases, Yul Melonson,5 a

Black man was promoted to Executive Postmaster. Defendant came up with documents that were out of

3 the incapacitated time set by District Judge Richard F. Boulware, II, which was 9/2009 - 9/2011. There

were documents that I did not create and was not conscious of me creating. Some of the documents had

4 my signature on them, so I acknowledged that I created them, but I do not remember writing the

5 documents. I addressed this issue in (ECF No. 136, and its Exhibits - thousands of pages). Remember,

District Judge Boulware, II made a mistake with a “Strike” on (ECF No, 136), but that is where we

6 addressed Defendant’s 2nd Dismissal, and it is against the law to not correct the issue, because it’s Due

Process, and the law. Please see the attached document that was revealed, and what was counted as an

7 11 Appeal, and if so, the EEOC should have counted previously submitted documents as an Appeal. The

EEOC and the defendant cannot count some documents as if I just responded on command, and not call

all the documents as a response to me filing an Appeal. I only remember the letter dated 6/19/2009, and

9 11 the next thing I remember is speaking to the EEOC in February 2012. The Forensic Psychiatrist stated

that I was immobilized after reading a little statement that Craig Colton wrote after being questioned

about my EEO filing. I could not believe what Craig was saying, and I blanked out, and don’t remember

what happened after that, and it was 6/19/2009 - 2/16/2012.1 later filed the 573 forms to the EEOC.

Remember, I had caregivers taking care of me for those years.

12 II

Ultimately, I have been diagnosed as having a Nervous Breakdown, which is all I know that would

cause so much damage to someone, June 2021. The case closed on 9/23/2019, but the district court

14 would not reopen my case with this new medical, and it acted as if I did not submit new evidence, along

with asking them to acknowledge my heart operation and other medical records, but to no avail. Yet, the

is postal service, NEEOISO - Nevada Postal Service, EEOC, DOL, and District Court of Nevada, an

16 11ultimately’the United States Court of Appeals for the Ninth Circuit did not afford me justice because I

was not capable of filing, and addressing Appeals in a timely manner, so they say. Petitioner submitted

17 11 ^ Appeal to the 9th Circuit Court, she did not address it properly, it was not in the proper format, not

did she know what was supposed to consist of the filing, she did not have much help at that time. Ms.

18 McGee knows that if it has happened to her being mentally ill, it has happened to others, and she

19 personally knows someone from the same postal service in Nevada that has died from the action and

behavior of management of the District Court of Nevada. In addition, with the United States leading the

20 11 world in postal killings, one of those killing are a result of the Nevada Sierra Postal Service, it’s

terrifying. Petitioner humbly ask The Supreme Court of the United S tates to grant her a writ of certiorari

21 and pay her for all that she has been through as a Black woman.

REASONS FOR GRANTING THE PETITION

I, Lola Bonitta McGee, Petitioner come to the Supreme Court of the United States respectfully and

humbly asking the Court to grant this Petition because it will improve the livelihood of every American

in the Country, and as the United States does so does many countries around the world. Injustice in the

workplace, and federal agencies has no place, and to do nothing, just allow it to continue to grow and

fester. I am a proud American, and I have served my country well, so I ask The United States Supreme

Court to grant my petition, because wrong was done to me, and people like me, across the country, every

6 day. The United States Postal Service abused me to my demise, life as I knew it to be, and I do not have

the capacity to hate, but nevertheless they should be held accountable for their actions and behaviors. I

am bitter and angry, because I did not deserve to be treated in such a manner, I was an exemplary

servant to my country. I am a human being and no human being, no company, no governmental agency,

shall have the right to destroy a person’s life, liberty, or the pursuit of their happiness and growth and

development in any adverse way through no fault of their own. GOD GIVETH AND GOD TAKETH

AWAY. As the Petitioner, I believe that without being accountable for the actions and behaviors of

anyone imposing ill will upon another will not deter them and others from stopping such behavior. If I

grew

up with a person for 100 years, and she knew me as Lola, and I came one day and I told her that

my name is not Lola anymore, it’s Karen, how long does the Court think it would take for her to

consistently call me Karen, maybe not ever. When people that have caused other human beings

catastrophic Mayhem for thousands of years, I beg the court to hold them accountable because they are

not capable of deterring away from such atrocities because there is no motivating factor to stop them

from such behavior. I lost my mind, body, and was left with a faded dot of faith in my sole, a portion of

my hearth was literally burned out my chest, without any heart disease, clogs, blockages, mass, nothing,

but it was beating 40,000 extra beats per day and it was going to beat out and I was going to literally die,

because I’m just breathing today. All of this because of threats to kill me, Posttraumatic Stress Disorder,

Severe Panic Attacks, Nervous Breakdown, hostile work environment, shock surges to my head Peripheral Sensory Neuropathy, I was reduced to being bed written and had therapists, nurses,

caregivers, as I relocated around the country because I did not want to lose awareness of my

surroundings because I did not know what I would do to myself or others, this is not who I am but I am

trying

very hard to take the black laced veil off of me and find my way. I was slayed into depression,

uncontrollable emotions, thoughts, my personality has change and I don’t know from one day to the next

how I am going to behave or communicate with others, this is daily life for me regardless if I know who

I am or not, which is terror that I have been living with for years as I have travel around the country with

30 plus doctors that have aided my health, it was not of pleasure it was for necessity. It is my hope and

prayer

that the ills of racism, abuse of power, and double standards becomes a criminal offense, because

a crime has been committed on me and everyone on the list above should have to be held to account and

received $3,000 per month to live on. If the Highest Court in the Land says so, then it’s so. Ultimately,

the economy struggles along and those that have been marginalized still can’t get out the bucket of crabs

because everyone is trying to do their best and have an America experience, but America has fallen short

and

I will never be perfect in GOD’S view, but we can improve the well - known ills that has plagued

this country for eons. I did not deserve this, and I want people to treat me like I treat me, not how they

think I should be treated or how they treat themselves.

CONCLUSION

As a result of everything that has been stated in this document, in which I did my best considering my

mental, physical, and emotional conditions, Petitioner ask and PRAY that The Supreme Court of The

United States grant her the Petition for a writ of certiorari, and that she be awarded her requests that are

explained in detail in her Original Complaint, Amended Complaint, and her 5th Supplement to Initial

Disclosures, which would be approximately $5,000,000,000. Together we as HUMAN BEINGS can

make The United States of America, and the world a better place. I give ALL PRAISE, GLORY, AND

HONOR TO GOD, IN WHOM WE TRUST. LET US ALL WORK TOGETHER.

The petition for a writ of certiorari should be granted.

Respectfully submitted,

Lola Bonitta McGee - Petitioner

Date: June 29, 2023

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.