,IllllfIrIflHDllffnnrnllU II\Hlltment 1-1 Filed 10/27/2005 Page 1 of 7

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05-CV-lH8UO-CMP

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IN THE LTNlTEDSTATES.D1STRICTCOtJK'f-FlLED - ._.. - LNTERm
FOR THE WESTERN ,DIS"fRrCr OF WASllJ~fCTdRDGfD _ ~':CEj\/E.D
DJ

n:, RrCHARD WHITE,

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BY

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Plaint} ff,

v.
S.O.G. SPECIAL.TV KNIVES & TOOLS. INC.,

JURy DEMAND

Defendant.

COMPl,AlNT

Plaintiff, Riclwrd H. White {"White"}, by the undersigned attorneys, makes the following

ave.rmelllS;

1. This is a civil action brought pursuant to the Uniformed Services Employment and

Reemployment Rights Act of 1994.38 U.S.C. §§ 4301 - 4333 ("USERRA'l.

JlJRlSDICTIQN AND VENUE

2. This Court has jurisdiction over. the subject matter of this action pursuant to

38 U.S.C. § 4323(b).

3. Venue is pnlpcr ill this district llllder 38 U.S.c. 94323(c)(2) and 28 U.S.C.
§ 1391 (b) because Defendant. S.O.G. Spe<.:ialty Knives, me. C'·SSK',). maintains a pJace: of

business in this judicial district, al1d also becau.se a substan.iial part ofthc events giving rise t() the

chtim occurred in this district.

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PARTlES 4.

White resides in Bothell, Washington, within the jurisdictioll ofthi~ COllrt,

5. SSK maintajns a place of business at 6521 2121h Street, Lynnwood, WA, 98036,

within the jurisdiction ofthis Court.

CI AIM FOR RELIEF
6. White joined the United States Coast Guard in 1980. He was honorahlyreieased

from active duty, and since 1984 has been a member of the Coast Guaid Reserves.

7. White served on active duty in the Coast Guard Reserves for approx.imatdy OTiC year

afkr the events of September ll, 2001, and was unemployed after he returned from that

deploymenL

8. Defendant SSK is a manufacturer of tools and r.nilltary-style knife and blade products, In late November or December 2002, White answered an advert;semel1t Defendant SSK placed in

the SeaHle Times for a position titled "MarCom [Marketing COnlthunications] manager." The

advertisement stated the positioll would require, among other things, "public relations, rnedia planning and buying, extensive ill~hQllSC graphic design of promotional materials & website,

creative writing, some sales and lradeshow support."

9. White sent his resume to Spencer Frazer, SSK's president. White was h1red for the

position on Qr around Janm.ry 8,2003, an\! began work 1hat same day.

10. Oil ot around J.anuary 13,2003, White received orders indicating that he was to be

called for duty to serve in Operation Iraqi Freedom/SQllthem Watch/Endul;lig freedom, startil1g in

early February. White immediately notified his immediate supervisor, Scott Sherwood, thal he had

received orders that he would be. deployed overseas ill February. Up(m infonnaticm and belief,

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Case 2:05-cv-01800-MJP Document 1-1 Filed 10/27/2005 Page 3 of 7

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Sherwood infonned Frazer ofWhitc's orders; that same day Frazer called White to his office and,

informed White that he was discharged from his position.

11. During the conversatioll informittg White of his distlbarge, Frazer stated that he had

not inlended to hire White as a ;'temporary" employee. He suggested that Wllite should call him

when he returned from active duty, Frazer soon replaced While with another graphic designer.

J2. 011 Januur)' 20, 2003, berote his deployment, White emailed an SSK employee to

notify SSK ofUSERRA and its requirements. He asked the employee to forward the information

to Sherwood and Frazer, and the employee did SQ,

13. White was caned to active duty on February 8, 2003, <leployed to Kuwait On

Pebruary 17~ 2003, and served there and in lr'.:1q until August 28, 2003. Whitc;'s active service

ended in October 200:3.

14. Upon infonnation and belief, White oontacted Sherwood app'roximatcly a week. after

his return from Iraq, requesting reemployment.

15. A!though Whitodid return to work for SSK on 01 about October 14.2003, SSKdid

nQt retum White to his fonncr graphics design-based marketing manager position. Instead, SSK

placed While in a newly created "government sales" job. White had no prior interest, experience

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or quail fications in the field of sales. SSK did not provide any new or additional training to

White> nor did the government sales job have any written job description. Sherwood told White to

"get on the phone and start calling~' military people or the government to try and seH kniVes.

t 6. On Janua.ry 17, 2004, Sherwood told Whi Ie that his employment at SSK was 'being

discontinued. White asked for the reason, because no one at SSK had ever indicated that White

was not adl:'lCJ.1.lately performin.g his duties. During that conversation, White reminded Sherwood of

USERRA's r~employmcllt period protectiODS, to which Sherwood respouded; <'1 don't know

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anything about USERRA, nor do 1care about it," QT words to that effect. When White again
pressed Sherwood for a reasOl~ lor the termination, Sherwood replied that under Washington State law, hc did not need to pt~)vide a reason.
17. AB a result ofSSK's unlawful failure to properly reemploy White, White has suffered loss of eamings and other benefits of emplO)'lt1ent.
18. As. a result of SSK's unlawful termination ofWhite, White has suffered loss of eUl.TIings and other benefits of employment. PRAYER fOR REUEF
WHEREFORE, White prays that the Court enter judgment against SSK, its officers, agents, employees, successors and all persons in active concert or participation with it, as follows:
19. Declare that SSKts discharge of White in January 2003 was l.u:tl~wf~ll and in violation of USERRA, 38 U,STC. § 4311.:
20. Declare that SSK.'s failure to retum White to his prior -position as Marketing/Communjcation$; Manager was unlawful and in violation ofUSERRA> 38 U.S.C. §§ 4312 and 4313 (a);
21. Declare that aSK's discharge ofWhite in January 2004 was unlawful and in
violation ofUSERRA. 38 U.S.c. § 4316(c). 22. Require that SSK fully comply with the provisions of USERRA by reinstating White
to the Marketing/Communications Manager position at the level of seniority. status and compensalio11 that he wOttld have enjoyed had he remained employed continuously with SSK} and by paying White for his lOSS orwagcs and othor benefits suffered by reason ofSSK's failure or refusal to compJy with th~ provisions of this law;
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23, Enjoin SSK from taking any action against White that fails to camplywith the

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provisions ofUSERRA;

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24, Award White prejudgment interest on the \l.moun~ of lost wages found due;

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25. Award White liquidated damages pursuant to 38 U.S.C. § 4323(d)(1)(c) for SSK's

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willfu.l violation ofUSERRA; and

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26. Granl such other and further relief as may be just !l.nd proper.

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BRADLEY J. SCRLOZMAN Acting Assistant Attorney General

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Oivil Rights Division

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BY; 2!.~S;:. 417834)

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Chief

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JODT B. DANIS (DC Bar No. 453493)

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Deputy Chief CARL D. WASSERMAN (DC Bar No. 459038)

Trial Altonu:y

U,s. Department of Justice

Civil Rights Division

Employment Litigation Section

950 Pem'lsylvaniaAvenuc, NW

Patrick Henry Building, Room 4036

Washington, DC 20530

Telephone: (202) 353-8015

Facsimile: (202) 514-1005

Attorneys for Plaintiff

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DATED (his 27th day of October, 200S.
~o~ JOHN McKAY ....,C)
BRIAN C. KIPNIS Assistant United States Attorney 5220 United States Courthouse 700 Stewart Street
Seattle, WA 98lO1·1271 Telephone: (206) 553-7970
Fax: (2.06) 553-0116 E-mall: brian. k~nis@u8doj _goy
Attorney fof Pl.aintiff

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Case 2:05-cv-01800-MJP Document 1-1 Filed 10/27/2005 Page 7 of 7
CERTIFICATE OF SERVICE 1HEREBY CERTlFY that 011 October 28, 2005, 1 served the fbrcgoing Complilint on the
["ollowing counsel via U.S. ±lrst-class mail, postage prepaid, to the following addre!ls: Kenneth S. Kagan, Esq. Carney Badley Spellman
700 Fifth Avellue, Suite 58fJO Seatt.le, WA 98104,5017
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CHRISTINE LEININGER Legal Assistant

 
 ·. IIHWlHmt qHl~II~I"ItIIW_Jln

3 Filed 11/01/2005 Page 1 of 8

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05-CV-01800-CNST

IN THI!: UNITED STATKS DISTR]CT COURT "'OR THE WESTERN DISTRICT OF WASHINGTON
~"i!iC.LIIO\HROKll\A..SIl·ii'~llC~T O~F\WJCl>CiiHlJ'~T~OENPUTY.
RJCHARDH. WHITE,
Plaintiff,
v. S.o,G, SPECTALTY KNIVES, INC.'
Defendant.
CONSENT DECREE
This matter is before the COUlt for entry of1his j udgmeTl.t by consent ofthe parties to effectuate a com.promjse and setllernel'l.t of all claims. After review and consideration, the Court believes that entry of thi.s judgment is in the inlerest ol"justice.
1. Plaintill'Richard H. White commenced this action in the United States District Court for the Western Djstrict of Washington. alleging thai Defendant S.@.G. Specialty Knives, Inc. f'SSK"). violated the Unifonned Services Employment and Reemployment Rights Act of 1994 ("USERRA") by: (1) consi.deri:ng White's military service in the Coast Guard and his deployment 'orders for lraq as motivating factors in SSK's decision to discharge White; (2) failing to reemploy White in his prior position upon return from active duty, or into a legally appropriate alternative PQsition; and (3) discharging White within 1.80 days ofhls reemployment without cause.
2.. AI) a result of !letl.lement discussions, \Vhitc and SSK have resolved their differences and have agreed that this action should he settled by entry 0 r thi s Consent Decree. It is

Case 2:05-cv-01800-MJP Document 3 Filed 11/01/2005 Page 2 of 8
the intent of the parlies that this Consent Decree be a final and binding settlement in full disposition of any and all claims alleged against. SSK that coul!.l have been alleged. in the Complaint filed on behalf of White. White, by his signatL1l'e to this document and the attached release, has indicated his acceptance ofthe t.eImS and conditions contained in lh1S Consent Decree.
STJPID.ATED FACTS 3. PUTsuant to USERRA, the parties acknowledge thejurisdiction ofthe United States District Court for the Western District of Washington over the subject matteT ofthis action and of the parties (0 this case for the purpose ofEl1~tcring this Decree and, ifTleccssary, enforcing this Decree. 4. Verme is proper in this district for purposes of this Decree and any proceedings related to thls Decree only. SSK agrees that all sta.tutory conditions precedent to the institution of this lawsuit have been fulfilled.
}i'INDINGS 5. Having examined the terms and provisions Qfthe Consent Decree, the Court []nds the following:
a. The Court has jurisdiction over the subject maHer ofth1S action and the
parties to this action. b. The terms and provisions oflhis Consent Decree are fair, Teasonah1e. and
just. The rights of SSK and White are protected adequatel.y by this Decree.
c. This Consent Decree c;onforms with the Federal Rules of Civil Proced'LU'e
and USERRA, and is not in d(;1rogat1on of the rights and privileges or any
person. The entry of this Consent Decree will further the objectives of the USERRA and other applicable law, and will be in the best interests of the
parties. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJ UDGED AND DECREED AS FOLLOWS:
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Case 2:05-cv-01800-MJP Document 3 Filed 11/01/2005 Page 3 of 8
NON-ADMISSION 6. This Decree, being entered with the consent of White and SSK, shall not constitute all adjudication or finding on the merits of the case and shall 110t be construed as an admission by
SSK ofany violations ofUSERRA. or any other Ja.w" rule or regulation dealing \\I';th or in cOlU1ection with equal employment opportuuities. SSK denies any wrongdoing.
NON-RETALIATION 7. SSK shall 11l)1 take any action against any person that constitutes retaliation or inierrerence with the exercise Qf8UCh person's rights under USERRA. Or White's claim herein that
forms the basis for the present case, because such person gave testimony or assistance or participated in any manner in auy investigation ~)r proceeding in cOlmection with this case.
REMEDIAL REQUIREMENTS 8. SSK shall pa.y White the amount of $27,SOO. White shall be responsible for payment
of all income taxes associated with this amount. SSK shall separately pay any additional amounts
or federal or state employer taxes on the $27,500 that represents back-pay, SSK shall provide
documenlary evidence of having paid White and crediied him with the above amount by mailing the same to the following address within fourteen (14) days after this Consent Decree has been entered by the Court:
CarJ Wassennan United States Department of Justice 950 Penusylvania Avenue NW Civil Rights Division Employment Litigation Section, PHB, Room 4500 Washington, D.C. 20530
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DISPUTE RESOLUTION AND COMPLIANCE
9. The Court shall retain jurisdiction and wilJ have a11 available equitable powers, including injunctive relief, to enforce this Decree. Upon motion of either party, the Court may schedule a hearing for the purpose ol'rcviewing compliance with this Decree. The: parties shall engage in good faith efforts to resolve any dispute concerning compliance prior to seeking review by the Court. The parties shan be required to give notice: to each other len (10) days before moving for review by the Court. All parties may conduct expedited discovery llnder the'Federal Rules of Civil Procedure for the purpose of determining compliance witli this Decree or defending against a claim of non-compliance.
MISCELLANEOUS 10. All parties shall bear their own costs and expenses of litigationI including attorneys' fees.
11. This Consent Decree constitutes the entry of final judgmcnt within the meaning of Rule 54 of the Federal Rules ofCivn Procedure all all claims asserted in or that could have been asserted by White in this action. The Court retains jurisdiction over this matter, however; for the
or purpose entering appropl'iate orders interpreting and enforcing {hi!] judgmcut.
12. If any provision ofthis Consent Decree is round to be unlawfld, only the specific provisio:ri in quesdon shall be affected and the other provisions will remain in full force and effect.
13. The lenns ofthis Consent Decree are and shall be binding upon the present and {uturc owners, officers, diTectOTS1 employees, creditors, agents, trustees, administrators, successors, representatjvcs~ and assigns ofSSK and upon the hc:irs, successors, and assigns of White.
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Case 2:05-cv-01800-MJP Document 3 Filed 11/01/2005 Page 5 of 8

14. This Consent Decree cons.titutes the entire agreement and commitments of the parties. Any modifications to this Decree must be mutually agreed tlpon and memorialized in a writing signed hy SSK and White,
EFFECTIVE DATE
15. The effective date of this Consent DeCIl;1e shall be the date I,1p01i which it is entered
by the Court. 16. This Consent Decree shall expire. and thIs action shall be dismissed, without
further order oftbis Court one yeaT from the date of entry oJ'this Consent Decree. White may move to extend the Consent Decree if the remedial relief called for herein has not been effectuated. The Consent Decree will not be extended, however, Ltnkss the Court grants White's motion, Any such
extension may be granted by the Court only for such time as is necessary to effectuate the relief set forth in tlns Consent Decree.

APPROVED and ORDERED this _l_ _ day ()~ ..

.2005.

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Case 2:05-cv-01800-MJP Document 3 Filed 11/01/2005 Page 6 of 8

DAVID J. ALMER (DC Bar No. 417834) Chief
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JODI DANIS (DC Bar No.453493) Deputy Chief
CARL WASSERMAN (DC Bar No.459038)
Trial Attorney
u. S. Department of Justice
Ci viI Rights. Division Employment Litigation Section
950 Pennsylvania Avenue, NW Patrick Henry Building, Room 4036 Washington, DC 20530 Telephone: (202) 353-8015 Facsimile: (202) 514-1005
Attorneys for llichard H. White

dJ·rer-- ~ j{'·.INNETHs:KAGAN
WA Bar, No. 1;1. l' t.3
GARNEY BADLEY SPELLMAN 700 Silo AVENUE', STB. 5800
SEATTLE, WA 98104·8215 Telephone: (206) 622-8020
Facsimilie: (206) 467-8215
AttortlCY for SSK

Plaintiff

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Case 2:05-cv-01800-MJP Document 3 Filed 11/01/2005 Page 7 of 8 DATED this 27110 day ofOciober> 2005.
JOHN McKAY
Att~
Assistant United States Attorney 5220 lJ nited St.ates Courthouse 700 Stewart Street Seanlc, WA 98101-1271 Telephone: (206) 553-7970 Fax: (206) 553-0116 E-mail: brianJdpnis@usdnj.:.&.9~Y Attomey for Plaintiff'
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Case 2:05-cv-01800-MJP Document 3 Filed 11/01/2005 Page 8 of 8
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APPENDIX A RELEASE OF ALL CLAIMS

STATE OF WASHThTGTON

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) ::is:

COUNTY OF KING

)

For and in consideraticm ormy acceptance of the relief, or any part of it, to be provided 10
me pursu.ant (0 the provisions ofO,le Consent Decree I have sign<:d and that is (0 be entered in the case of Richard H. White v- S,O,G. Specialty Knives & Tools, Ioc., to be filed in the United States District CQurt for the Western District l)!Washingtoll. I, Richard H. White, hereby forever release and discharge Defendant in this case, S.O.G. Specialty Knives & Tools, Inc. ("SSK"), as welJ as its C\.lrrent, former and future officials, employeeS, agents, and successors from a111egal and equitabIe claims arising out of the Complaint to be filed in this action and USERRA Case No. 1O-WA-2004-00011-1O-R filed with the United States Department of Labor,

I understand that the relief to be provided to me by SSK under the terms ofthe Consent Decree does not constitu te an admission by any of the parties hereby released (J f' the validity of any claim raised by me, or 011 my behalf. I furihe,. understand that SSK expressly denies having violated any of my legal rights and that the payments and other terms and conditions set forth ill this release are in settlement ofdisputed claims,

This release constitutes the entire agreement between SSK and me, without exception or
~xclusion.

I acknowledge that a copy of the Consent Decree in this acli()l1 has been made availabJe to me for my review.

I HAVE READ THIS RET,EASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE TIllS RELEASE OF MY OWN FREE ACT AND DEED.
Signature:,_ _ _ _ _ _ _ __ Richard H. White

Date:

Subscribed and sworn to before me lhls _dayof _ __
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Notary Public

My ComrniHsion expires:

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 CLOSED, JURYDEMAND
U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:05-cv-01800-MJP

White v. SOG Specialty Knives Inc Assigned to: Hon. Marsha J. Pechman Cause: 28:1331 Fed. Question: Employment Discrimination

Date Filed: 10/27/2005 Date Terminated: 11/01/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Richard H White

represented by Brian C Kipnis US ATTORNEY'S OFFICE (SEA) 700 STEWART ST STE 5220 SEATTLE, WA 98101-1271 206-553-7970 Email: Brian.Kipnis@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant SOG Specialty Knives Inc

represented by Kenneth S Kagan CARNEY BADLEY SPELLMAN 701 FIFTH AVENUE STE 3600 SEATTLE, WA 98104-7010 206-622-8020 Fax: FAX 467-8215 Email: kagan@carneylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/27/2005

#

Docket Text

1 COMPLAINT and JURY DEMAND against defendant SOG Specialty Knives Inc (NO Summons(es) issued) (Receipt # fee waived,USA) , filed by Richard H White. (Attachments: # 1 Civil Cover Sheet)(PM, ) (Entered: 10/28/2005)

10/27/2005 11/01/2005

2 JOINT MOTION FOR ORDER ENTERING CONSENT DECREE by Plaintiff Richard H White, Defendant SOG Specialty Knives Inc. (Attachments: # 1 Proposed Consent Decree)(PM, ) (Entered: 10/28/2005)
3 CONSENT DECREE by Judge Marsha J. Pechman. (MD, ) (Entered: 11/02/2005)