~.FILED .... LODGED ....

ENTERED RECEIVED

1

U t: L; .. 8 200,’3

2

AT SEAT’I LE

3

CLERK U.S. DISTRtCT (;ou,,,

4

WE;STERN DISTRICT OF WASHIN~OM

5

6

7

8

The Honorable Ronald B. Leighton

9

10

12

UNITED STATES DIS’rRICT COURT WESTERN

13

DISTRICT OF WASHINGTON AT TACOMA

14

15

16

17 ANN MORGAN & GENNY SMITH,
18

19

20

Plaintiffs,

21

V.

No, C03-5531 RBL COMPLAINT FOR DAMAGES

22

23
24 HANNAH MOTORS COMPANY,

I IIIIII IIIII IIIII IIIII III!1 IIIII IIIII II!1 IIII

25 26

Defendant

I IIIIIII III IIIIIII IIIIII IIIII II 11

27

03-(~-05Y3 I-CM P

29

3{)

31

32

I. INTRODUCTION

33

34

This is an action for declaratory judgment, equitable relief, and money damages,

35
36 instituted to secure the protection of, and to redress the deprivation of rights secured through,

37
38 Washington state common law, RCW 49,60, et seq., and Title VII of the Civil Rights Act of

39
4O 1964, 42 USC § 2000(e), et seq.. Ms. Ann Morgan and Ms. Genny Smith (Plaintiffs) have

41
42 satisfied all administrative prerequisites to bringing suit. The Equal Opportunity Employment

43
44 Cormnission ("EEOC") has also instituted litigation on their behalf’.

45

46

Plaintiffs allege that Hannala Motors Company. (Defendmat) discriminated against, and

47
48 harassed them. Plaintiffs further allege that Defendant retaliated against them because of their

49
50 opposition activities. Plaintiffs also allege that their terminations werc in contraveaation to

51

52

C.OMPLAINI, Page - [

OFIIGINAL

THE BI,ANKENSHIP LAW FIRM,
28th ]-’kmr: Wa~hi~tg~oll Mttl"uat Ihwer
1201 Third Avenue Sealtle, Washinglon 981(11
1206) 343 2700

1

Washington’s public policy against discrimination. Plaintiffs further allege that Defendants’

2 3

conduct both intentionally and negligently inflicted emotional distress upon them. Plaintiffs

4

seek monetary and injunctive relief, including pecuniary and non-pecuniary damages, and

5

6

punitive damages to the fullest extent allowed by law.

7

8 9

II. JURISDICTION

10

1. This court has jurisdiction because Plaintiffs allege claims that comprise federal

11

12

questions under 28 U,S.C. § 1331.

13

14

2. Plaintiff, Ann Morgan, timely filed charges of discrimination witl~ the Equal

15

16 Employment Opportunity Commission ("EEOC"), alleging discriminatory conduct by
17

18

Defendant,

19

2(t

3. Plaintiff Genny Smith is exempt fi~om the administrative exhaustion

21

22 requirements because she is an aggrieved party for whom the EEOC has found cause to suc, and
23

24 on whose behalf the EEOC has filed suit.
25

26

Jurisdiction over Ms. Smith’s Claim is ~so proper pursuant to 42 USC § 2000e-

27

28 5(0(003).
29

3O

5. This court has jurisdiction over Plaintiffs’ related state claims pursuant to 28

31

32 I.J.S,C. Sec, 1367.
33

34

35

36

111, PARTIES AND VENUE

37

38

5. Plaintiffs are United States citizens and were residents of the Western District of

39

40 Waslfington at ~1 times during their employment with Defendant.

41

42

6. Defendant is, and was at all times pertinent to this litigation, a Corporation, doi~ag

43

44 business in the Western District of Washington.

45

46

7. Defendant has, arid had at all times pertinent to this litigation, more thal~ fifteen

47

48 employees.

49

5O

51

52

COMPLAINT, Page- 2

THE [ILANKI,:NSHIP LAW F~RM, ES,
28th Floor, Washington Mutual ’lower 120t Thad
Seattle, Wa~]iinglol) 9~! 01
(206) 343.270(I

8. Defendant is, and was at all times pertinent to this litigation, an employer within the

2

meaning of 42 USC Sec, 2000e (a) and (b) and RCW 49,60 et, seq,

3

4

9. At all times relevant herein, the practices alleged to be unlawful were conamitted

6

within the jurisdiction of the Federal District Court for the Western District of Washington at

7

8

Tacoma,

I0

IV, STATEMENT OF CLAIMS

12

10. Plaintiffs are members of a protected class on the basis of their sex and gender.

13

14

11. Defendant engaged in unlawful employment practices in violation of the

15

16 Washington Law Against Discrimination, RCW 49.60 et seq., and Title VII.
17

Ig

12. Plaintiffs were specifically subjected to a hostile work environment

2O

13. Plaintiffs were denied equal employment opportunities at Defendant’s facilities,

21

22_

14. Defendant terminated Ms. Morgan.

23

24

15, Defendant constructively discharged Ms. Smith.

25

26

16. Defendant’s actions and inactions, with respect to Plaintiffs’ employment, were

27

28 in violation of RCW 49.60 et seq., and Title VII.
29

3O

17. Defendant subjected Plaintiff to adverse employment outcomes as a result of

31

32 their opposition activities and refusal to abide unwelcome and offensive conduct because of

34

SeX.

3O

The unlawful employment practices complained of in the above paragraphs were

37

38 intentional,
39

40

19, The unlawful employment practices complained of in the above paragraphs were

41

42 done with malice or with reckless indifference to Plaintiffs’ rights as protected by federal and

4,3

44

state laws.

45

46

20, Defendant’s termination of Plaintiffs was in contravention of Washington public

47

48 policy.

49

5O

51

52

COM PLAINT, Page - 3

Tile BLANKENSHIP LAW FIRM, ES, 28th Floor+ Washington Mt~{ual "low~r
12{)I f’hird Avc~uc Svattlc, Washingtvn 08101
(20f,) 343-2700

2 I. Dcfeladant’s actions and inactions constitute the intentional infliction of
1

2

emotional distress upon Plaintiffs.

3

4

22. Defendant’s actions and inactions constitute a breach its duty to observe

5

Plaintiffs’ civil rights.
7

8

23. As a resnIt of Defendant’s unlawful conduct, Plaintiff’s have suffered damages

9

10

in the amount to be proved at trial.

II

12

13

14

V, PRAYER FOR RELIEF

15

16

Wherefore, Plaintiffs respectfully request that this court enter judgment against

17

18

Defendant:

19

20

A. Crranting a permanent injunction enjoining Defendant, its officers, successors,

21

22 agents, assigns, and all persons in active concert or participation with them, from engaging in

23

24 any other employment practice which discriminates on the basis o f sex mad gender.

25

26

B. Ordering Defendant to institute and carry out policies, practices, and programs

27

28 which provide equal employment opportunities lbr all employees, and which eradicate the
29

3O effects of its past and present unlawful employment practices.

31

32

C. Ordering Defendant to make Plaintiffs whole by providing appropriate back pay

33

34 with prejudgment interest, in amounts to be determined at trial, and other affirmative relief

35

36 necessary to eradicate the effects of its unlawful employment practices.

37

38

D. Ordering Defendant to make Plaintiffs whole by providing compensation for past

39

40 and future pecuniary losses resulting from the unlawful employment practices described in the

41

42 above paragraphs, including out-of-pocket expenses, in amounts to be determined at t~ial.

43

44

E. Ordering Defendant to make Plaintiffs whoIe by providing compensation for past

45

46 and future nonpecuniary losses resulting from the unlawful practices complained of in the

47

above paragraphs, including, without limitation, emotional pain, suffering, and loss of

49

50 enjoyanent of life, in amounts to be determined at trial.

5 52

COMPI.AINT, Page - 4

1

F. Ordering Defendant to pay the tax consequences of any award that Plaintiffs may

2

recover at trial.

3

4

G. Ordering Defendant to pay Plainti [Is punitive damages for their malicious or

5

6

reckless conduct, described in the above paragraphs, under Title VII, in amounts to be

7

8

determined at trial.

9

H. Awarding Plaintiffs the costs of this action, including attorneys’ fees to the full 11

12

extent required by law and the statutes cited above,

13

14

l. Grant any additional or further relief as provided by law, which this Court finds

16 17 18
19 2I) 21
22 23 24 25 26 27 28
29 30 31 32 33 34 35 36 37 38 39 40 41 42 43
44 45 46
47 48 49 50
51 52

appropriate, equitable, or just.
DATED this ~’ae~day of December 2003.
THE BLANKENSHIP LAW FIRM, P.S.
Seo~t C.G. Blankenship WSBA No. 21431 Beth A. Bloom WSBA No. 31702 Attorneys for Plaintiffs

f:OMPI.AINT, Page. 5

’l’ttE BI~ANKENSHIP LAW FIRM,
28th F’t~mr, Wa~hijlgto~ Mulual Tower
1201 Third

(20(~) 343-270¢1

1

DECLARATION OF SERVICE

2

The undersigned hereby declares under penalty ofpeijury under the laws of the State of

4

Washington that, on the below date, I mailed or caused delivery of a true copy of this document

6

to:

7

8

A Luis Lucero, Jr.

9

Equal Employment Opportunity Commission

I0

Seattle District Office

909 First Ave

12

Suite 400

13 14

Seattle, WA 98104-1061

206-220-6883

16 A TTORNEYfor the E~OC

17

18 Stephen P. RiekIes

19 20

The Ricklcs Law Firm

2~

One SW Columbia Street, Suite | 850

22 Portland Oregon 97258-2001

23 503-229-1850

24 Fax :FAX 1-503-229-1856

25 A TTORNEYfor Dqfendant
26

2~ At their regular ?es.

2~

29

DATED this

day of December 2003, at Seattle, Washington.

31

32

33

34

36 37

39 40 41 42

44 45 46 ,47

49

52
COMPLAINT~ Pas~. 6

TII[ BLANKENSHIP LAW FIRM,
2gth glt~or, W~shingt~n Mutual Tower 121.11 Thi¢’d Avenue
(2o6) 3a3-2700

 
 1

2

3

4

The Honorable Ronald B. Leighton

5

6 7

UNITED STATES DISTRICT COURT WESTERN

8

DISTRICT OF WASHINGTON AT TACOMA

9

10

11 12

ANN MORGAN & GENNY SMITH,

13

14

Plaintiffs,

15

16

No. C03-5531 RBL
AMENDED COMPLAINT FOR DAMAGES

17 HANNAH MOTORS COMPANY, BRYAN

18 19 20

LINDSAY and the marital community comprised thereof,

21

22

Defendants.

23

24

25

26

I. INTRODUCTION

27

28

This is an action for declaratory judgrnent, equitable relief, and money damages,

29 3O

instituted to secure the protection of, and to redress the deprivation of rights secured through,

31

Washington state common law, RCW 49.60, et seq., and Title VII of the Civil Rights Act of

32

33

1964, 42 USC § 2000(e), et seq. Ms. Ann Morgan and Ms. Genny Smith (Plaintiffs) have

34

35 satisfied all administrative prerequisites to bringing suit. The Equal Opportunity Employment

36
37 Commission ("EEOC") has also instituted litigation on their behalf.

38 39

Plaintiffs allege that Hannah Motors Company and Brian Lindsay (Defendants)

40

discriminated against, and harassed them. Plaintiffs further allege that Defendants retaliated

41

42

against them because of their opposition activities. Plaintiffs also allege that their terminations

43

44

were in contravention to Washington’s public policy against discrimination. Plaintiffs further

45 46

allege that Defendants’ conduct both intentionally and negligently inflicted emotional distress

47 upon them. Plaintiffs seek monetary and injunctive relief, including pecuniary and non-

48

49

pecuniary damages, and punitive damages to the fullest extent allowed by law.

50

51

52

AMENDED COMPLAINT, Page - 1

THE BLANKENSH1P LAW FIRM, P.S. 28th Floor, Washington Mutual Tower 1201 Third Avenue Seattle, Washington 98101 (206) 343-2700

II. JURISDICTION

1. This court has jurisdiction because Plaintiffs allege claims that comprise federal

questions under 28 U.S.C. § 1331.

5

2. Plaintiff, Ann Morgan, timely filed charges of discrimination with the Equal

6

7

Employment Opportunity Commission ("EEOC"), alleging discriminatory conduct by

8 9

Defendants.

10

3. Plaintiff Genny Smith is exempt from the administrative exhaustion

11

12

requirements because she is an aggrieved party for whom the EEOC has found cause to sue, and

13

14

on whose behalf the EEOC has filed suit.

15 16

4. Jurisdiction over Ms. Smith’s Claim is also proper pursuant to 42 USC § 2000e-

17

5(f)(1)(B).

18

19

5. This court has jurisdiction over Plaintiffs’ related state claims pursuant to 28

20

21

U.S.C. Sec. 1367.

22

23

24

III. PARTIES AND VENUE

25

26

5. Plaintiffs are United States citizens and were residents of the Western District of

27

28 Washington at all times during their employment with Defendant.

29 30

6. Defendant Hannah Motors is, and was at all times pertinent to this litigation, a

31

Corporation, doing business in the Western District of Washington.

32

33

7. Defendant Hannah Motors has, and had at all times pertinent to this litigation, more

34
35 than fifteen employees.

36

37

8. Defendant Hannah Motors is, and was at all times pertinent to this litigation, an

38 39

employer within the meaning of 42 USC Sec. 2000e (a) and (b) and RCW 49.60 et. seq.

40

9. Defendant Bryan Lindsay and the marital community thereof, was at all times

41

42 relevant herein, a United States citizen and resident of the Western District of Washington.

43 44

10. At all times relevant herein, the practices alleged to be unlawful were committed

45 46

within the jurisdiction of the Federal District Court for the Western District of Washington at

47

Tacoma.

48

49

50

51

///

52

AMENDED COMPLAINT, Page - 2

THE BLANKENSHIP LAW FIRM, P.S.
28th Floor, Washington Mntual Tower 1201 Third Avenue
Seattle, Washington 9810 I (206) 343-2700

IV. STATEMENT OF CLAIMS

1 2

10. Plaintiffs are members of a protected class on the basis of their sex and gender.

3

11. Defendant Hannah Motors engaged in unlawful employment practices in

4

5 violation of the Washington Law Against Discrimination, RCW 49.60 et seq., and Title VII.

6

7

12. Defendant Bryan Lindsay engaged in unlawful employment practices in

8 9

violation of the Washington Law Against Discrimination, RCW 49.60 et. seq.

lO

13. Plaintiffs were specifically subjected to a hostile work environment

11

12

14. Plaintiffs were denied equal employment opportunities at Defendant Hannah

13
14 Motor’s facilities.

15 16

15. Defendants terminated Ms. Morgan.

17

16. Defendants constructively discharged Ms. Smith.

18

19

17. Defendant Hannah Motor’s actions and inactions, with respect to Plaintiffs’

20

21

employment, were in violation of RCW 49.60 et seq., and Title VII.

22 23

18. Defendant Bryan Lindsay’s actions and inactions, with respect to Plaintiffs’

24

employment, were in violation of RCW 49.60 et. seq.

25

26

19. Defendants subjected Plaintiffs to adverse employment outcomes as a result of

27
28 their opposition activities and refusal to abide unwelcome and offensive conduct because of

29

3O

sex.

31

20. The unlawful employment practices complained of in the above paragraphs were

32

33

intentional.

34

35

21. The unlawful employment practices complained of in the above paragraphs were

36 37

done with malice or with reckless indifference to Plaintiffs’ rights as protected by federal and

38

state laws.

39

40

22. Defendants’ termination of Plaintiffs was in contravention of Washington public

4l

42 policy.

43 44

23. Defendants’ actions and inactions constitute the intentional infliction of

45

emotional distress upon Plaintiffs.

46

47

24. Defendants’ actions and inactions constitute a breach its duty to observe

48

49

Plaintiffs’ civil rights.

50

51

52

AMENDED COMPLAINT, Page - 3

THE BLANKENSHIP LAW FIRM, P.S.
28th Floor, Washington Mutual Tower 1201 Third Avenue
Seattle, Washington 9810 I (206) 343-2700

25. As a result of Defendants’ unlawful conduct, Plaintiff’s have suffered damages in the amount to be proved at trial.

V. PRAYER FOR RELIEF

Wherefore, Plaintiffs respectfully request that this court enter judgment against

Defendants:

10

A. Granting a permanent injunction enjoining Defendant Hannah Motors, its officers,

11

12 successors, agents, assigns, and all persons in active concert or participation with them, from

13
14 engaging in any other employment practice which discriminates on the basis of sex and gender.

15

16

B. Ordering Defendant Hannah Motors to institute and carry out policies, practices, and

17

programs which provide equal employment opportunities for all employees, and which

18

19 eradicate the effects of its past and present unlawful employment practices.

20

21

C. Ordering Defendants Hannah Motors and Bryan Lindsay to make Plaintiffs whole by

22 23

providing appropriate back pay with prejudgment interest, in amounts to be determined at trial,

24

and other affirmative relief necessary to eradicate the effects of its unlawful employment

25

26

practices.

27

28

D. Ordering Defendants Hannah Motors and Bryan Lindsay to make Plaintiffs whole by

29

30

providing compensation for past and future pecuniary losses resulting from the unlawful

31 32

employment practices described in the above paragraphs, including out-of-pocket expenses, in

33

amounts to be determined at trial.

34

35

E. Ordering Defendants Hannah Motors and Bryan Lindsay to make Plaintiffs whole by

36
37 providing compensation for past and future nonpecuniary losses resulting from the unlawful

38 39

practices complained of in the above paragraphs, including, without limitation, emotional pain,

4O suffering, and loss of enjoyment of life, in amounts to be determined at trial.
41

42

F. Ordering Defendants Hannah Motors and Bryan Lindsay to pay the tax

43

44

consequences of any award that Plaintiffs may recover at trial.

45 46

G. Ordering Defendant Hannah Motors to pay Plaintiffs punitive damages for their

47

malicious or reckless conduct, described in the above paragraphs, under Title VII, in amounts to

48

49 be determined at trial.

50

51

52

AMENDED COMPLAINT, Page - 4

THE BLANKENSHIP LAW FIRM, P.S.
28th Floor, Washington Mutual Tower 1201 Third Avenue
Seattle, Washington 98101 (206) 343-2700

H. Awarding Plaintiffs the costs of this action, including attorneys’ fees to the full

1 2

extent required by law and the statutes cited above.

3 4

I. Grant any additional or further relief as provided by law, which this Court finds

5

appropriate, equitable, or just.

6

7

8

9

10

DATED this 26th day of March 2004.

11

12

13

14

THE BLANKENSHIP LAW FIRM, P.S.

15

16

17

18

19

20

By: \s~eth Barrett Bloom

21

Scott C.G. Blankenship

22

WSBA No. 21431

23 24

Beth Barrett Bloom

25

WSBA No. 31702

26

Attorneys for Plaintiffs

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

5O

51

52

AMENDED COMPLAINT, Page - 5

THE BLANKENSHIP LAW FIRM, P.S. 28th Floor, Washington Mutual Tower 1201 Third Avenue Seattle, Washington 9810 I (206) 343-2700

DECLARATION OF SERVICE

1

2

The undersigned hereby declares under penalty of perjury under the laws of the State of

3

Washington that, on the below date, I mailed or caused delivery of a true copy of this document

4

to:

5

6

7

A Luis Lucero, Jr.

8

Equal Employment Opportunity Commission

9

Seattle District Office

I0

909 First Ave

11

Suite 400

12 13

Seattle, WA 98104-1061

14

206-220-6883

15

ATTORNEY for the EEOC

16

17

Stephen P. Rickles

18

The Rickles Law Firm

19 20

One SW Columbia Street, Suite 1850

21

Portland Oregon 97258-2001

22

503-229-1850

23

Fax : FAX 1-503-229-1856

24

A TTORNEYfor Defendant

25

26 27

At their regular offices.

28

29

DATED this 26th

day of March 2004, at Seattle, Washington.

30

3l

32

\s\ Greg Roth

33

34

35

36

37

38

39

4O

41

42

43

44

45

46

47

48

49

5O

51

52

AMENDED COMPLAINT, Page - 6

THE BLANKENSHIP LAW FIRM, P.S. 28th I=loor, Washington Mutual Tower 1201 Third Avenue Seattle, Washington 9810 l (206) 343-2700

 
 1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT TACOMA

10 EQUAL EMPLOYMENT OPPORTUNITY 11 COMMISSION,

12

Plaintiff,

13 ANN MORGAN and GENNY SMITH,

14

Plaintiff-Intervenors, v.

15 HANNAH MOTORS COMPANY, BRYAN

16

LINDSAY and the marital community comprised thereof,

17

Defendants.

18

No. C03-5531 RBL ORDER

19

THIS MATTER comes on before the above-entitled Court upon Plaintiff-Intervenors’

20 Motion to Compel Discovery.

21

Having considered the entirety of the records and file herein, the Court finds and rules as

22 follows:

23

On October 6, 2003 the Equal Employment Opportunity Commission filed a complaint

24 against Hannah Motors Company pursuant to Title VII of the Civil Rights Act of 1964 and Title I of

25

26 - 1

1 the Civil Rights Act of 1991 “to correct unlawful employment practices on the basis of sex and

2 retaliation and to provide appropriate relief to Ann Morgan and Genny Smith who were adversely

3 affected by such practices.” (Complaint, p.1, Dkt. 1) The complaint alleges that Hannah Motors

4 engaged in unlawful employment practices by “sexually harassing Ms. Smith and Ms. Morgan, then

5 discharging Ms. Morgan in retaliation for complaining about being sexually harassed and

6 constructively discharging Ms. Smith.” (Complaint, p.2, Dkt. 1)

7

On December 1, 2003 the Court granted Ms. Morgan’s and Ms. Smith’s motion to intervene

8 as of right, (Dkt. 11) and the plaintiff-intervenors (hereinafter “plaintiffs”) filed their complaint on

9 December 8, 2003. (Dkt. 13). On March 26, 2004 the plaintiffs filed an amended complaint which

10 added Bryan Lindsay as an individual defendant. (Dkt. 23) The complaints seek injunctive,

11 monetary, and equitable relief.

12

Plaintiffs have moved the Court to compel production of the personnel files for all employees

13 who worked in the sales department of defendant’s Lincoln-Mercury dealership and were supervised

14 by Bryan Lindsay from 1998 until the termination of Lindsay in 2003.1 (Plaintiffs’ Reply, Dkt. 36)

15

Fed.R.Civ.P. 26(b)(1) provides:

16

Parties may obtain discovery regarding any matter, not privileged, that is relevant to

the claim or defense of any party, including the existence, description, nature,

17

custody, condition, and location of any books, documents, or other tangible things

and the identity and location of persons having knowledge of any discoverable matter.

18

For good cause, the court may order discovery of any matter relevant to the subject

matter involved in the action. Relevant information need not be admissible at the trial

19

if the discovery appears reasonably calculated to lead to the discovery of admissible

evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(i), (ii),

20

and (iii).

21 The defendant has argued to the EEOC and in the briefing to this Court in response to plaintiffs’

22 motion that Ms. Morgan was terminated for violating company policies. Plaintiff will bear the

23 1 It is unclear to the Court when Mr. Lindsay left his job as General Sales Manager at
24 defendant’s dealership. Plaintiffs refer to 2003 as an end date and defendant refers to Mr. Lindsay’s termination in April, 2004. The Court’s Order covers the time frame from 1998 until Mr. Lindsay
25 was no longer the General Sales Manager at the Lincoln-Mercury dealership.
26 - 2

1 burden of proof to rebut defendant’s proffered reasons for her termination. The information in the

2 personnel files plaintiffs seek appears to the Court to be “reasonably calculated to lead to the

3 discovery of admissible evidence” that, for example, defendant treated similarly situated employees

4 differently than Ms. Morgan and Ms. Smith. Furthermore, the limitations set forth in Fed.R.Civ.P.

5 26(b)(2)(i), and (iii) do not apply in this case because plaintiffs have agreed to pay the copying costs

6 of these files. Plaintiffs have also agreed to sign a protective order which will govern the handling of

7 these files which contain confidential employee information. It is therefore

8

ORDERED that Plaintiffs’ Motion to Compel Discovery (Dkt.31) is GRANTED. The

9 defendant shall provide to plaintiffs the personnel files for all employees in the sales department at

10 the Lincoln-Mercury dealership from 1998 until the termination of Bryan Lindsay within fourteen

11 days of entry of this Order.

12

The clerk of the court is instructed to send uncertified copies of this Order to all counsel of

13 record.

14

DATED this 22nd day of SEPTEMBER 2004.

15 16

A

RONALD B. LEIGHTON

17

UNITED STATES DISTRICT JUDGE

18

19

20

21

22

23

24

25

26 - 3

 
 1
111111111111111111111111111111111111111111111
2
1111111111111111111111111111111111111111
3 03-CV-0553 t-MIS('
4

Hon. Ronald B. Leighton

5

6 UNITED STATES DISTRICT COURT
7 FOR THE WESTERN DISTRICT OF WASHINGTON
8 EQUAL EMPLOYMENT
9 OPPORTUNITY COMMISSION,

10

Plaintiff,

Case No. C03-5531 RBL

11

and

CONSENT DECRfE

12 ANN MORGAN and GENNY SMITH,
13
Intervenors, 14

15

v.

16 HANNAH MOTOR COMPANY and BRYAN LINDSAY and the marital
17 community comprised thereof,

18

Defendants.

19 I. INTRODUCTION
20 1. This action originated with a charge of employment discrimination filed
21

22 with the Washington State Human Rights Commission ("WSHRC") and the Equal

23 Employment Opportunity Commission ("the Commission") on April 1, 2002 by Ann R.

24 Morgan ("Charge"). The Charge alleged that Hannah Motors Company d/b/a Dick

25 Hannah Dealerships ("the Company") subjected Morgan to sexual harassment by 26

27 28
Consent Decree - Page 1

EQUAL EMPLOYMENT OPPORtUNITV C:;OMMISSIOti
ti.atl" Dlstrh;t Offl"l1 F",detlll Offiet'l Building
909 Fir~t AVllnulI, Suitll 400 ,sDOIIItIIl, W;1shlnlllon se'04_1()(;1
TijlijpnQnlil (:;!(J~J O!20-QaSJ Fax {206} 220-6911 TDO {206} 220-8082

General Sales Manager Bryan Lindsay because of her gender and terminated her

2 employment in retaliation for having complained of Lindsay's sexual harassment in
3 violation ofTitie VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title VII") and
4 the Washington State Law Against Discrimination. EEOC found reasonable cause to
5
6 believe the Charge to be true and that Gen ny Smith was a similarly situated class
7 member who was also sexually harassed by Lindsay and that Smith was ccnstructively

8 discharged. The Company denies that it discriminated against Ms. Morgan, Ms. Smith

9 or any other employee in any manner.

10

2. Following the issuance of a Leiter of Determination and the failure of

11 conciliation efforts, the Commission filed a lawsuit under Title VII against the Company
12

on September 29, 2003. 13

14

3. The parties want to conclude the claims arising out of the charge, the

15 Commission's determination with regard to the charge, and the lawsuit arising from the

16 charge, without expending further resources in contested litigation.

17

II, NONADMISSION OF LIABILITY AND

18 NONDETERMINATION BY THE COURT

19

20

4. This Consent Decree is not an adjudication or finding on the merits of this

21 case and shall not be construed as an admission by the Company of a violation of any

22 law.

23

III, SETTLEMENT SCOPE

24

5. This Consent Decree is the final and complete resolution of all allegations

25
of unlawful employment practices included in the Charge, in the Commission's Leiter of

26

27
28
Consent Decree - Page 2

I!QUAl !!MPLOYMEIH OPPORTUNITY COMMISSION
SuBIt DI:ttrlct Qmce FDdllr~1 OffiCI! Building
909 Flra~ AVl;lnu"" 6(1111;1 400 SlIlIUiIl, Wliahinijloll M104-1061
TlIll!!lIhonll (206) 220-6863 Fax (.206) 2XJ.6!l11
TOO (2l)E,iJ 210-61;11;12

1 Determination and in the Commission's complaint filed in the case that were or could

2 have been brought based on the administrative charge, including all individual and all
3 class claims, as well as claims by the parties and/or class members for attorney fees
4 and costs. The injunctive relief provisions of this Consent Decree apply to all of the
5 Company's facilities in the State of Washington and is final and binding as to all such
6
7 issues and claims.

8

IV. MONETARY RELIEF

9

6. In settlement of this suit, the Company agrees to pay Four Hundred Fifty

10 Thousand Dollars and No Cents ($450,000.00) to Ms. Morgan and One Hundred
11 Twenty-Five Thousand Dollars and No Cents ($125,000.00) to Ms. Smith in settlement
12
and satisfaction of all claims for monetary relief which were or could have been 13

14 asserted in the case by them. Payment of settlement proceeds to Ms. Morgan and Ms.

15 Smith will be made in the following manner:

16

a. Ms. Morgan, Ms. Smith and the company will enter into a private

17

release agreement to which the EEOC is not a party.

18 b. Upon receipt by the Company of the signed release agreements,
19 the Company shall, within fourteen days issue a check to Ms. Morgan and
20

21

Ms. Smith in the amounts specified in this paragraph and issue to them a

22

Form 1099. All checks shall be mailed by first class mail to The

23

Blankenship Law Firm, P.S.

24

c. Within 5 days of mailing the checks, the Company will verify the

25
mailing by providing to the EEOC copies of the checks and a Declaration

26

27
28 Consent Decree - Page 3

EQUAL EMPL.OYMENT QPpQf;lfuNITY COMMISSION
:!illll!!'" DI.'rl!:;tOfflc;1I Fetl\)flill Otn~ Bl.JlI(llng
909 First AII1l'nlJt'I, Sultfl 400 SOllttlll, Wilshington ea104-t061
T~I~phQnQ (2M) 2;j!(]-6el!:':I fal( (206) 220-6911 TOD (206) 220-61182

1

of an appropriate company official attesting that the Company mailed the

2

checks in compliance with the Decree.

3 d. Individuals receiving payments under the Decree bear the ultimate
4
responsibility for the tax consequences of the payments received. 5

6

V. INJUNCTIVE RELIEF

7

A. General Provisions

8

7. The Company reaffirms its commitment to continue to comply with the

9 requirements of Title VII and all other federal laws against discrimination in its

10 employment decisions. To further this commitment, it shall monitor its affirmative
11 obligations under this Consent Decree.
12

13

8. The Company shall not retaliate against any current or former employee

14 for opposing any practice made unlawful by Title VII. Nor shall the Company retaliate

15 against any current or former employee for making a charge or for testifying, assisting,

16 or participating in any investigation, proceeding, or hearing associated with the case.

17

9. The Company will not disclose any information or make references to any

IH charge of discrimination or this lawsuit in responding to requests for information about
19

Ann Morgan or Genny Smith. 20

21

B. Policies Designed to Prevent Harassment and Discrimination

22

10. The Company agrees that it shall impose substantial discipline -- up to

23 and including termination of employment. suspension without payor demotion -- upon
24 any supervisor or manager who engages in discrimination, sexually harasses any
25
employee or who retaliates against any person who complains or participates in any 26

27 28
Consent Decree· Page 4

EQUAL EMPI.QYME HI OPPOATUNITV COMMISSION
StllI!!11I Dlatrld Offl(;11
feo(lQorElI O!tl~~ 1;!l.J1I(!lng 909 Fir~l AYllflUIt. Suit!! ~OO Soa!!I!], WOIshlngton 96104-1Q81
Il;IlDphonll (:i!06) :i!20.6ai:l3 FE!" (:lOS) 220-S911 TOD (206) 220-6882

investigation or proceeding concerning any such conduct. The Company shall
2 communicate this policy to all of its supervisors and managers.
3 11. The Company agrees that it shall continue to advise all managers and
4 supervisors of their duty to ensure compliance with the company's EEO policy, and to
5 report any incidents and/or complaints of discrimination, harassment or retaliation of
6
7 which they become aware. Consistent with this commitment, within thirty (30) days

8 after entry of this Decree by the Court, the Company shall designate an individual

9 ("EEO coordinator") to be responsible for all aspects of the Company's EEO policy and

10 complaint process, and this individual shall have training and experience in EEO
11 management. The EEO coordinator will ensure that all managers and employees
12
understand these procedures and policies. 13

14

12. The company agrees to revise its employee appraisal process to inClude

15 "commitment to equal employment opportunity" as a criterion for qualification and

16 performance evaluation for employees holding supervisory positions.

17

c. Training

18 13. Within the first six (6) months following entry of this decree, the Company
19
will ensure at least six (6) hours of employment discrimination training, including training 20

21 on sexual harassment, is provided annually each year of the decree for all managers

22 and employees in the Company's locations covered by this Consent Decree. The

23 Company will provide the training program plan and materials within ninety (90) days
24 after entry of this Decree. 25
14. The Company will notify the EEOC of the com pletion of the training and will 26

27
28 Consent Decree - Page 5

!QUAL EM PLOYMIiNT OPPORTUNITY COMMISSION
SulUJ [J1'tn~tOfflc, Federlll Offitill Building
\lDIJ Fll"$t AVllnuD, SullD 4UO 5&8111&, Washington 96104-1061
TelllvhUl\t/ (206} 220-6663 FliK (206) 220-6911 TOD (206) 22006892

1 specify the names and job titles of the employees who participated in and completed
2 the training as part of its annual reporting to the EEOC.
3 D. Reporting
4 13. Six (6) months after entry of this Consent Decree and every six (6) months
5 6 for the term of this Consent Decree. the Company shall provide a report to the

7 Commission on the Company's compliance with the Consent Decree. The Compliance

Report shall include the following:

9

(a) a summary of complaints of sexual harassment and retaliation, if any,

10 in any facility covered by this Decree and any resulting internal investigations conducted
11 pursuant to the Company's anti-discrimination policies during the preceding six-month
12
period. The report will describe the resolution of each complaint; 13

14

(b) certification that the Company completed six (6) hours of EEO training

15 for managers and employees within the first six (6) months following entry of this decree

16 and six (6) hours of training annually for each year thereafter for the duration of this

17 decree. The Company will provide the lists of attendees for all such training:

18 (c) copies of the attendee lists, evaluations, and materials for all training
19 required by this Decree.
20

21

If the Company has not complied with any tenn of the Consent Decree, the

22 Company shall provide a statement specifying the areas of noncompliance, the

23 reason(s) for the noncompliance, and the steps taken to bring the Company into

24 compliance. 25

26

27 28
Consent Decree - Page 6

I!QUAl EMPLOYMENT OPPORTUNITY COMMISSION
e,,,u~ DIstrlc1 efflU Flldllr~1 Office Building
\lO!il Flr~1 AVIII1UC, SUllo 40(l SEt>l1tlEt, Washington ga104-1061
TllleJ.'lIIr.)()1;t (206) 220-6883 Fllx (208) 220-6911 TOO (2011) ::!20..ellil:i!

VI. ENFORCEMENT

2

14, The United States District Court for the Western District of Washington

3 shall retain jurisdiction over this matter for the duration of the Consent Decree. If the
4
Commission concludes that the Company has breached any of the above provisions. it 5

6 shall promptly notify the Company providing a written statement of the alleged breach.

7 The parties shall attempt to resolve the dispute for a period not to exceed thirty (30)

8 days after the Commission's notification of the alleged breach. If the Commission is

9 unable to resolve the dispute to its satisfaction. the Commission may bring an action to

10
enforce this Decree.

11
VII. TERMINATION OF DECREE 12

13

15. This Consent Decree shall be in effect for three (3) years commencing

14 with the date the Consent Decree is entered by the Court If the Commission petitions

15 the Court and the Court finds the Company to have violated the terms of the Consent

16 Decree, the Court may extend the period of the Consent Decree and award the 17 Commission its costs in bringing an enforcement action. 18

19

20

21

22

23

24

25

26

27
28 Consent Decree - Page 7

I!!QUAl !MPLOVMI!NT OPPO RTUNITY COMMISS ION
Sultle Dltlrlcl Qffltl!l Fodor;;r,1 Qffi[;!] Building
'iiOg Fl~t /lV4lnlj4j, 51111il1 400 Slttlltllt, Wl:!illIl()gtr),~ 98104-1061
Tele~hon'" (206) 220-6B83 F~x (206) ;i!;j!(J.t;!:!11 !DD (.206J 2:l.0.6I!Si

1

DATED this _--2'=8''"'-_ day of March, 2005.

2 A. LUIS LUCERO, JR. 3 Regional Attorney

ERIC S. DRIEBAND General Counsel

4 JOHN F. STANLEY
Acting Supervisory Trial Attorney 5

JAMES L. LEE Deputy General Counsel

6

WESLEY KATAHIRA Senior Trial Attorney

GWENDOLYN YOUNG REAMS Associate General Counsel

7 BY: /s/ A. Luis Lucero. Jr.

8

EQUAL EMPLOYMENT

9 OPPORTUNITY COMMISSION

10 Seattle District Office 909 First Avenue, Suite 400

Office of the General Counsel 1801 "L" Street NW

1I Seattle, Washington 98104 Telephone (206) 220-6918

Washington, D.C. 20507

12

Attorneys for Plaintiff EEOC

13 14 Dated: March 28. 2005 ._ _

15

16 BY:
17
18

lsi Stephen P. Rickles Stephen P. Rickles. WSBA # 21248 The Rickles Law Firm, PC

19

Attorneys for Defendant

20

21

22

23

24

25

26

27 28
Consent Decree - Page 8

I;;QU,A.L EMPLO't'M~ NT OPPORTUNITY COM MISSION
SlItatl"" Dlttrlet OlTlelljlo Follor;!!1 Qffl~1I Ek.illdlng
909 Flrl>t AVIjIoI'll)!iI, ~ultD 4DO Se!lttl!'l. WlIe.hll'lgton 98104-101;1
Tllillphonil (206\220-6883 FZlx (206) 220-/l9t i TOD (206) 220-6882

 
 1

Hon. Ronald B. Leighton

2

3

4

5

6 UNITED STATES DISTRICT COURT
7 FOR THE WESTERN DISTRICT OF WASHINGTON
8 EQUAL EMPLOYMENT OPPORTUNITY
9 COMMISSION,

10

Plaintiff,

11 and
12 ANN MORGAN and GENNY SMITH,
13

14

Intervenors,

Case No. C03-5531 RBL
ORDER APPROVING CONSENT DECREE

15

v.

16 HANNAH MOTOR COMPANY and BRYAN

17

LINDSAY and the marital community comprised thereof,

18 Defendants.
19

20

The Court having considered the foregoing stipulated agreement of the parties,

21 IT IS HEREBY ORDERED THAT the foregoing consent decree be, and the same
22

hereby is, approved as the final decree of this Court in full settlement of this action. 23

24 This lawsuit is hereby dismissed with prejudice and without costs or attorneys' fees to

25

26

27 28
Order Approving Consent Decree - Page 1

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

1 any party. The Court retains jurisdiction of this matter for purposes of enforcing the
2 consent decree approved herein. 3
DATED this 30th day of March, 2005. 4

5 6

A

7

RONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE 8

9

10

11

12

13

14 PRESENTED BY:
15
16 ___________________________________ WESLEY KATAHIRA
17 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
18

19

20

21

22

23

24

25

26

27 28
Order Approving Consent Decree - Page 2

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Seattle District Office Federal Office Building
909 First Avenue, Suite 400 Seattle, Washington 98104-1061
Telephone (206) 220-6883 Fax (206) 220-6911 TDD (206) 220-6882

 
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CLOSED, LAW_CLERK_C
U.S. District Court United States District Court for the Western District of Washington (Tacoma)
CIVIL DOCKET FOR CASE #: 3:03-cv-05531-RBL

Equal Employment Opportunity Commission v. Hannah Motors Company Assigned to: Hon. Ronald B. Leighton Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/29/2003 Date Terminated: 03/30/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by A Luis Lucero, Jr EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Email: LUIS.LUCERO@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Freeman Stanley EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6892 Email: JOHN.STANLEY@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Katahira EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6851 Email: wesley.katahira@eeoc.gov

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Intervenor Plaintiff Ann Morgan
Intervenor Plaintiff Genny Smith
V. Defendant Hannah Motors Company
Defendant

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Scott Crispin Greco Blankenship BLANKENSHIP LAW FIRM 1201 THIRD AVE 28TH FLOOR SEATTLE, WA 98101 206-343-2700 Fax: FAX 343-2704 Email: sblankenship@blankenshiplawfirm.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth A Barrett Bloom FRANK FREED SUBIT & THOMAS 705 2ND AVE STE 1200 SEATTLE, WA 98104-1729 206-682-6711 Email: bbloom@frankfreed.com TERMINATED: 03/10/2005
represented by Scott Crispin Greco Blankenship (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth A Barrett Bloom (See above for address) TERMINATED: 03/10/2005
represented by Stephen P Rickles ONE SW COLUMBIA STE 1850 PORTLAND, OR 97258 503-229-1850 Fax: FAX 1-503-229-1856 Email: strickles@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Bryan Lindsay

represented by Douglas E Somers SLOAN BOBRICK OLDFIELD & HELSDON 7610 40TH ST W UNIVERSITY PL, WA 98464-1590 253-759-9500 Fax: FAX 1-253-752-5324 Email: dsomers@sbo-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/06/2003 10/07/2003 10/07/2003
10/17/2003 10/28/2003 10/31/2003 11/13/2003 11/13/2003 11/17/2003 11/25/2003 12/01/2003

#

Docket Text

1 COMPLAINT (Summons(es) issued) (Receipt # Fee Waived) (Attachments: # 1)(JAB, ) (Entered: 10/06/2003)

2 ORDER REGARDING DISCOVERY AND DEPOSITIONS. Signed by Jean Boring, Deputy Clerk, as directed by Judge Ronald B. Leighton. (Nelson, Debbie) (Entered: 10/07/2003)

3 ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 1/9/2004. Signed by Jean Boring, Deputy Clerk, as directed by Judge Ronald B. Leighton. (Nelson, Debbie) (Entered: 10/07/2003)

4 SERVICE OF SUMMONS and Complaint returned executed upon defendant Hannah Motors Company on 10/9/2003. (CAR, ) (Entered: 10/20/2003)

5 ANSWER and affirmative defenses to Complaint by Defendant Hannah Motors Company.(ECS, ) (Entered: 10/29/2003)

6 AFFIDAVIT OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 2 Discovery and Depositions Order, 3 Joint Status Report Order. (ECS, ) (Entered: 11/05/2003)

7 MOTION to Intervene by Interested Parties Ann Morgan, Genny Smith. Noting Date 11/28/2003. (Attachments: # 1 Proposed Order)(ECS, ) (Entered: 11/17/2003)

8 DECLARATION of Beth A. Bloom filed by Interested Parties Ann Morgan, Genny Smith re 7 MOTION to Intervene (ECS, ) (Entered: 11/17/2003)

9 AMENDED ANSWER to Complaint and affirmative defenses by Defendant Hannah Motors Company.(ECS, ) (Entered: 11/17/2003)

10 SUPPLEMENTAL DECLARATION of Beth A. Bloom re 7 MOTION to Intervene (Attachments: # 1 Proposed Order)(ECS, ) (Entered: 12/01/2003)

11 ORDER granting 7 Motion to Intervene by Judge Ronald B. Leighton. (ECS, ) (Entered: 12/01/2003)

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12/05/2003 12/08/2003 12/30/2003 01/14/2004 01/16/2004 01/16/2004 02/03/2004
03/01/2004 03/01/2004 03/18/2004 03/19/2004 03/26/2004 04/12/2004

12 AFFIDAVIT OF SERVICE by Plaintiff Equal Employment Opportunity Commission re 2 Discovery and Depositions Order, 3 Joint Status Report Order. (ECS, ) (Entered: 12/08/2003)
13 Intervenor COMPLAINT , filed by Ann Morgan, Genny Smith.(ECS, ) (Entered: 12/09/2003)
14 JOINT STATUS REPORT AND DISCOVERY PLAN filed by all parties. Est. Trial Days: 7. (Blankenship, Scott) (Entered: 12/30/2003)
15 NOTICE of Unavailability of counsel Scott Crispin Greco Blankenship for Intervenor Plaintiffs Ann Morgan, Genny Smith from January 15, 2004 to February 27, 2004 (Blankenship, Scott) (Entered: 01/14/2004)
16 ANSWER to Intervenor Complaint by Defendant Hannah Motors Company.(Rickles, Stephen) (Entered: 01/16/2004)
17 INITIAL DISCLOSURES by Defendant Hannah Motors Company. (Rickles, Stephen) (Entered: 01/16/2004)
18 MINUTE ORDER SETTING TRIAL, PRETRIAL DATES AND ORDERING MEDIATION; Length of Trial: 6-7 DAYS. Jury Trial set for 2/22/2005 09:30 AM in Courtroom A before Hon. Ronald B. Leighton. Joinder of Parties due by 3/1/2004; Expert Witness Disclosure due by 8/26/2004; Discovery due by 10/25/2004; Motions due by 11/24/2004; 39.1 Settlement Report due by 1/30/2005. Motions in Limine due by 1/25/2005; Pretrial Order due by 2/5/2005; Pretrial Conference set for 2/11/2005 08:30 AM in Courtroom B before Hon. Ronald B. Leighton. Trial briefs to be submitted by 2/11/2005; Voir dire/jury instructions due by 2/11/2005;Signed by Jean Boring as authorized by Judge Ronald B. Leighton. (JAB, ) (Entered: 02/03/2004)
19 MOTION to Join Additional Party by Intervenor Plaintiffs. Noting Date 3/19/2004. (Attachments: # 1 Proposed Order)(ECS, ) (Entered: 03/02/2004)
20 DECLARATION of Scott C.G. Blankenship filed by Intervenor Plaintiffs re 19 P's MOTION to Join Additional Party (ECS, ) (Entered: 03/02/2004)
21 REPLY to Response to Motion filed by Intervenor Plaintiffs Ann Morgan, Genny Smith re 19 MOTION to Amend Complaint to Join Additional Party (Barrett Bloom, Beth) (Entered: 03/18/2004)
22 ORDER granting 19 P's Motion to Amend by Judge Ronald B. Leighton. Pl's to file amended Complaint w/in5 business days of order.(ECS, ) (Entered: 03/19/2004)
23 AMENDED COMPLAINT FOR DAMAGES against defendant BRYAN LINDSAY, Hannah Motors Company, filed by Ann Morgan, Genny Smith.(Barrett Bloom, Beth) (Entered: 03/26/2004)
24 PRAECIPE FOR ISSUANCE OF A SUMMONS for the 23 Amended Complaint filed by Pltfs'. (CAR, ) (Entered: 04/13/2004)

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04/16/2004
04/23/2004 06/04/2004 06/11/2004 06/24/2004 06/25/2004 08/26/2004 08/26/2004
09/03/2004 09/03/2004 09/03/2004
09/09/2004 09/09/2004

25 NOTICE of Unavailability of counsel Scott Crispin Greco Blankenship for Intervenor Plaintiffs Ann Morgan, Genny Smith from April 19, 2004 to May 3, 2004 (Blankenship, Scott) Modified on 4/19/2004 to edit text (ECS, ). (Entered: 04/16/2004)
26 NOTICE of Appearance by attorney Douglas E Somers on behalf of Defendant Bryan Lindsay (ECS, ) (Entered: 04/26/2004)
27 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Vancouver Ford served on 5/28/04, filed by Defendant Hannah Motors Company. (CAR, ) (Entered: 06/07/2004)
28 NOTICE of Unavailability of counsel Beth Barrett Bloom for Intervenor Plaintiffs June 29, 2004 to July 9, 2004 (Blankenship, Scott) Modified on 6/14/2004 to edit docket text (ECS, ). (Entered: 06/11/2004)
29 NOTICE of Unavailability of counsel Beth A Barrett Bloom for Intervenor Plaintiffs Ann Morgan, Genny Smith from June 29, 2004 to July 9, 2004 (Barrett Bloom, Beth) (Entered: 06/24/2004)
30 ANSWER to Amended Complaint by Bryan Lindsay.(Somers, Douglas) (Entered: 06/25/2004)
31 MOTION to Compel Discovery by Intervenor Plaintiffs Ann Morgan, Genny Smith. Noting Date 9/10/2004. (Barrett Bloom, Beth) (Entered: 08/26/2004)
32 DECLARATION of Beth Barrett Bloom filed by Intervenor Plaintiffs Ann Morgan, Genny Smith re 31 MOTION to Compel Discovery (Attachments: #(1)Exhibit A1; #(2)Exhibit A2; #(3) Exhibit B-C)(Barrett Bloom, Beth) Modified on 8/27/2004; named attachments (CAR, ). (Entered: 08/26/2004)
33 RESPONSE, by Defendant Hannah Motors Company, to 31 MOTION to Compel Discovery (Rickles, Stephen) (Entered: 09/03/2004)
34 AFFIDAVIT of Jennifer Hannah filed by Defendant Hannah Motors Company re 33 Response to Motion to Compel Discovery (Rickles, Stephen) (Entered: 09/03/2004)
35 AFFIDAVIT of Stephen P. Rickles filed by Defendant Hannah Motors Company re 33 Response to Motion to Compel Discovery (Attachments: # 1 Exhibit# 2 Exhibit# 3 Exhibit# 4 Exhibit# 5 Exhibit# 6 Exhibit# 7 Exhibit# 8 Exhibit# 9 Exhibit)(Rickles, Stephen) Modified on 9/7/2004; named attachments (AF, ). (Entered: 09/03/2004)
36 REPLY, filed by Intervenor Plaintiff Ann Morgan, TO RESPONSE to 31 MOTION to Compel Discovery (Blankenship, Scott) (Entered: 09/09/2004)
37 Supplemental DECLARATION of Beth Barrett Bloom filed by Intervenor Plaintiff Ann Morgan re 33 Response to Motion (Blankenship, Scott) (Entered: 09/09/2004)

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09/09/2004 09/22/2004 09/23/2004
09/29/2004 10/04/2004 10/18/2004 10/18/2004 10/21/2004 10/25/2004

38 Supplemental DECLARATION of Beth Barrett Bloom filed by Intervenor Plaintiff Ann Morgan re 31 MOTION to Compel Discovery (Attachments: # 1 Exhs A-C)(Blankenship, Scott) Modified on 9/10/2004 to describe attachment (ECS, ). (Entered: 09/09/2004)
39 ORDER granting 31 Plaintiff-Intervenors' Motion to Compel Discovery, signed by Judge Ronald B. Leighton.(DN, ) (Entered: 09/22/2004)
40 MINUTE ENTRY for proceedings held before Judge Ronald B. Leighton - Law Clerk: Greg Leever; CR: none; Time of Hearing: 2:30 to 2:50; Pla Counsel: Wes Katahira (EEOC); Scott Blankenship/Beth Bloom (Morgan & Smith); Def Counsel: Steve Rickles (H Motors)/Doug Somers (Lindsay); Telephone Conference held on 9/23/2004. Conf call occurred at request of D' Hannan by Mr. Rickels re: Having P' Morgan Examined by Psychiatrist of D's Choice based upon submission of expert report by Examing Psychiatrist on Behalf of P'. Argument: Court Orders that P' Morgan be examined by Psychiatrist of the D's Choice. Exam to happen ASAP & Report to follow within one week of examination. Discovery cut-off is extended for the sole purposed of allowing P to Depose D's Doctor. (JAB, ) Modified on 10/4/2004 (corrected spelling of attorney's name) (JAB, ). (Entered: 09/28/2004)
41 STIPULATION and Proposed Protective Order by parties. (Barrett Bloom, Beth) Modified on 9/30/2004; text edited (CAR, ). (Entered: 09/29/2004)
42 ORDER on STIPULATION 41 and PROTECTIVE ORDER; signed by Judge Ronald B. Leighton. (DN, ) (Entered: 10/04/2004)
44 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Damerow Beaverton Ford, Records Custodian served on 10/12/04, filed by Defendant Hannah Motors Company. (CAR, ) (Entered: 10/22/2004)
46 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Rabih Hourani, Damerow of Beaverton Ford served on 10/8/04, filed by Defendant Hannah Motors Company. (CAR, ) (Entered: 10/26/2004)
43 Joint MOTION and PROPOSED ORDER for Discovery (Limited Extension) Modification of the Scheduling Order and Resetting the Trial Date by Intervenor Plaintiff Ann Morgan. Noting Date 10/21/2004. (Barrett Bloom, Beth) Modified on 10/22/2004; text edited (CAR, ). (Entered: 10/21/2004)
45 AMENDED MINUTE ORDER SETTING TRIAL, PRETRIAL DATES AND ORDERING MEDIATION; Length of Trial: 6-7 DAYS. JURY TRIAL is reset for 5/9/2005 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. Expert Witness Disclosure due by 11/10/2004; Discovery due by 3/10/2005; Motions due by 3/15/2005; 39.1 Settlement Report due by 4/15/2005; Motions in Limine due by 4/20/2005; Pretrial Order due by 4/22/2005; Pretrial Conference set for 4/29/2005 08:30 AM in Courtroom B before Hon. Ronald B. Leighton. Trial briefs to be submitted by 4/29/2005; Voir dire/jury instructions due by 4/29/2005; s/Jean Boring as directed by Judge Ronald B. Leighton. (JAB, ) (Entered:

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11/10/2004 12/16/2004 02/10/2005 02/10/2005 02/15/2005 02/16/2005 02/17/2005 02/17/2005 02/18/2005 02/22/2005
02/23/2005

10/25/2004)
47 DISCLOSURE OF EXPERT WITNESSES by Defendant Hannah Motors Company. (Attachments: # 1Exhibit A; # 2Exhibit B)(Rickles, Stephen) Modified on 11/12/2004; attachments named (CAR, ). (Entered: 11/10/2004)
48 NOTICE of Unavailability of counsel Beth A Barrett Bloom for Intervenor Plaintiffs Ann Morgan, Genny Smith from 12/20/04 to 12/31/04 (Barrett Bloom, Beth) (Entered: 12/16/2004)
49 MOTION to Compel Electronic Discovery by Intervenor Plaintiff Ann Morgan. Noting Date 2/25/2005. (Attachments: # 1 Proposed Order) (Blankenship, Scott) (Entered: 02/10/2005)
50 DECLARATION of Beth Bloom filed by Intervenor Plaintiff Ann Morgan re 49 MOTION to Compel Electronic Discovery (Attachments: # 1 Exhibits A-G# 2 Exhibits H-M)(Blankenship, Scott) (Entered: 02/10/2005)
51 STIPULATION AND PROPOSED ORDER for Limited Extension of Discovery Deadline by parties. (Barrett Bloom, Beth) (Entered: 02/15/2005)
52 ORDER on STIPULATION 51 for extension of discovery deadline. Discovery due by 3/15/2005; signed by Judge Ronald B. Leighton. (DN, ) (Entered: 02/16/2005)
53 MOTION to Compel by Plaintiff Equal Employment Opportunity Commission. Noting Date 3/4/2005. (Katahira, Wesley) (Entered: 02/17/2005)
54 DECLARATION of Wesley Katahira filed by Plaintiff Equal Employment Opportunity Commission re 53 MOTION to Compel (Attachments: # 1 Exhibit Defendant's Answers to EEOC's First Set of Discovery)(Katahira, Wesley) (Entered: 02/17/2005)
55 NOTICE of Unavailability of counsel Scott Crispin Greco Blankenship for Intervenor Plaintiff Ann Morgan from 2/22/05 to 3/4/05 (Blankenship, Scott) (Entered: 02/18/2005)
56 MINUTE ORDER SETTING DEADLINE and STRIKING MOTIONS: Counsel has advised the Court that this matter has SETTLED; The Dismissal/Settlement papers should be submitted by 4/8/2005. The pending 53 MOTION to Compel filed by Equal Employment Opportunity Commission, and 49 MOTION to Compel Electronic Discovery filed by Ann Morgan are DENIED as Moot. If additional time is needed, Counsel should call Jean Boring, CRD to Judge Leighton, at 253-593-6581. s/Jean Boring as authorized by Judge Ronald B. Leighton. (JAB, ) (Entered: 02/22/2005)
57 REPORT from Mediator Michele M. Sales regarding success of mediation on 2/21/05. (CAR, ) (Entered: 03/02/2005)

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58 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Beth A Barrett Bloom for Intervenor Plaintiffs Ann Morgan, Genny Smith. (Barrett Bloom, Beth) (Entered: 03/10/2005)
59 NOTICE by Plaintiff Equal Employment Opportunity Commission of Consent Decree (Proposed) (Katahira, Wesley) (Entered: 03/28/2005)
61 CONSENT DECREE, approved per Order of 3/30/05, by Judge Ronald B. Leighton. (DN, ) (Entered: 03/31/2005)
60 ORDER APPROVING Consent Decree 59 dismissing this matter with prejudice and without costs, signed by Judge Ronald B. Leighton. (DN, ) (Entered: 03/30/2005)

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https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?101839775585064-L_353_0-1

5/23/2007

 
 1 A. Luis Lucero, Jr. Regional Attorney John F. Stanley, Acting Supervisory Trial Attorney
2 Wesley Katahira, Senior Trial Attorney Equal Employment Opportunity Commission
3 909 First Avenue, Suite 400 Seattle, Washington 98104
4 Telephone: (206) 220-6918

5 Attorneys for Plaintiff

6

7

8

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON

9

EQUAL EMPLOYMENT OPPORTUNITY

I0 COMMISSION,

11

Plaintiff,

12

13 HANNAH MOTORS COMPANY,

14

Defendant.

15

I IIIIII IIIII Ii111 IIIII IIIII IIIII IIIII IIII IIII I IIIIIII III IIIIIII IIIIII IIIii ii IIII
03-C’V-O5531-CMP

16

NATURE OF THE ACTION

17

This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I of

18 the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and

19 retaliation and to provide appropriate relief to Ann Morgan and Genny Smith who were adversely

20 affected by such practices. The Commission alleges that Ms. Morgan and Ms. Smith were sexually

21 harassed. The Commission further alleges that Ms. Morgan was discharged in retaliation for having

22 complained about being sexually harassed and Ms. Smith was constructiveIy discharged. Plaintiff

23 seeks monetary and injunctive relief, including pecuniary and nonpecuniary compensatory damages

24 and punitive damages.

25

JURISDICTION AND VENUE

26

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. §§451, 1331, t337, 1343

27 28
COMPLAINT - PAGE t

U.S. EQUAL EMPLOYMENT OPPORTUNIIS" COMMISSION
Seattle District Office 909 First Avenue, Suite 400
Seattle, W~on 9B104-1061 Telephone: (206) 220-61!183
Facsimile" (206) 220-69J 1 TrY {206) 220-6882

1 and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and (3) of Title VII

2 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII"), and

3 Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

4

2. The employment practices alleged to be unlawful were committed within the

5 jurisdiction of the United States District Court for the Western District of Washington.

6

PARTIES

7

3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is

8 the agency of the United States of America charged with the administration, interpretation and

9 enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of Title

10 VII, 42 U.S.C. §2000e-5(f)(1).

11

4. At all relevant times, Defendant Hannah Motors Company ("Hannah Motor") has

12 continuously been a corporation doing business in the State o f Washington and has continuously had

13 at least 15 employees.

14

5. At all relevant times, Defendant Halmah Motors has continuously been an employer

15 engaged in an industry affecting commerce within the meaning of Sections and Sections 701 (b), (g)

16 and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).

17

STATEMENT OF CLAIMS

18

6. More than thirty days prior to the institution of this lawsuit, Ms. Morgan filed a

19 charge with the Equal Employment Opportunity Commission alleging violations of Title VII by

20 Defendant Hannah Motors. All conditions precedent to the institution of this lawsuit have been

21 fulfilled.

22

7. From at least June, 1999, Defendant Hannah Motors engaged in unlawful

23 employment practices at its Vancouver, Washington facility in violation of §§ 703(a) and 704(a) of

24 Title VII, 42 U.S.C. § § 2000e-2(a) and 2000e-3(a). These practices included sexually harassing Ms.

25 Smith and Ms. Morgan, then discharging Ms. Morgan in retaliation for complaining about being

26 sexually harassed and constructively discharging Ms. Smith.

27 28
COMPLAINT - PAGE 2

U,S, EQUAL EMPLOYMENT OPPORTLTq|TY COMMISSION
Seattle District Office 909 First Avenue, Suite 400
Seattle, Waslfington 98L04-L061 Telephone: (206) 220-6883 Facsimile (206) 220-6911 "VFy (206) 220-6882

1

8. The effect of the practices complained of in paragraph 7 above has been to deprive

2 Ms. Morgan and Ms. Smith of equal employment opportunities and otherwise adverseIy affect their

3 status as employees of Hannah Motors because of their sex.

4

The unlawful employment practices complained of in paragraph 7 above were

5 intentional.

6

10. The unlawful employment practices complained of in paragraph 7 above were done

7 with malice or with reckless indifference to the federally protected rights of Ms. Morgan and Genny

8 Smith.

9

PRAYER FOR RELIEF

10

Wherefore, the Commission respectfully requests that this Court:

ll

A. Grant a permanent injunction enjoining defendant, its officers, successors, agents,

12 assigns, and all persons in active concert or participation with it, from engaging in any other

13 employment practice which discriminates on the basis of sex and retaliation.

14

B. Order defendant to institute and carry out policies, practices, and programs which

15 provide equal employment opportunities for all employees, and which eradicate the effects of its past

16 and present unlawful employment practices.

17

C. Order defendant to make whole Ann Morgan and Genny Smith by providing

18 appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other

19 affirmative relief necessary to eradicate the effects of its unlawful employment practices.

20

D. Order defendant to make whole Ann Morgan and Germy Smith by providing

21 compensation for past and future pecuniary losses resulting from the unlawful employment practices

22 described in paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be

23 determined at trial.

24

E. Order defendants to make whole Ann Morgan and Germy Smith by providing

25 compensation for past and future nonpecuniary losses resulting from the unlawful practices

26 complained of in paragraph 7 above, including without limitation emotional pain, suffering, and loss

27 28
COMPLAINT - PAGE 3

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Sealtle District Office 909 First Avenue, Suhe 400
Seattle, Washinston 9g104-1C61
Telephone’ (206} 220-6883 Facsimile. (206) 220-6~/11
TTY (206) 220-6882

1 of enjoyment of life, in amounts to be determined at trial.

2

F. Order defendant to pay Ann Morgan and Germy Smith punitive damages for its

3 malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

4

G. Grant such further relief as the Court deems necessary and proper in the public

5 interest.

6

H. Award the Commission its costs of this action.

7

JURY TRIAL DEMAND

8

The Commission requests a jury triaJgon all questions of fact raised by its complaint.

I/

9

DATED this~~/| day of .’@~1 ~~ ,2003.

10 A. LUIS LUCERO, JR. Regional Attorney
11 JOHN F. STANLEY
12 Acting Supervisory Trial Attorney

ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel

13 WESLEY KATAHIRA Senior Trial Attorney
14

GWENDOLYN YOUNG REAMS Associate General Counsel

15

16 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION 17 Seattle District Office
909 First Avenue, Suite 400 18 Seattle, Washington 98104
Telephone (206) 220-6918
19

Office of the General Counsel
1801 "L" Street NW Washington, D.C. 20507

20 Attorneys for Plaintiff
21

22

23

24

25

26

27 28
COMPLAINT - PAGE 4

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Seattle District Office
909 First Avenue, Suite 400 Seattle, Washington 9810,~-1061
Telephone: (206) 220-6983
F~simile: (2G5) 220-691 l T]’Y (206} 220-6982