A. LUIS LUCERO, JR., REGIONAL ATTORNEY 1 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 2 TERI HEALY, SENIOR TRIAL ATTORNEY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 909 FIRST AVENUE, SUITE 400
SEATTLE, WA 98104 4 TEL: (206) 220-6916
FAX: (206) 220-6911 5 Teri.Healy@eeoc.gov
6
ATTORNEYS FOR PLAINTIFF
7

8

9

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA
10

11

EQUAL EMPLOYMENT OPPORTUNITY

12 COMMISSION

CIVIL ACTION NO.

13

14

Plaintiff,

COMPLAINT

15

v.

JURY TRIAL DEMAND

16 LABOR READY, INC.,
17
Defendant.
18
19

NATURE OF THE ACTION

20
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
21
Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and retaliation,
22
and to provide appropriate relief to Janice Lowell (“Ms. Lowell”) who was adversely affected by
23
24 such practices. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”),
25 alleges that Labor Ready, Inc. subjected Ms. Lowell to sexual harassment. Furthermore, the

COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Commission alleges that Labor Ready, Inc. retaliated against Ms. Lowell when she complained
1
2 about the sexual harassment by discharging her, and then engaged in post-employment 3 retaliation against her. Plaintiff seeks monetary relief, including pecuniary and nonpecuniary

4 compensatory and punitive damages and injunctive relief, on behalf of Ms. Lowell.

5

JURISDICTION AND VENUE

6
1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,
7
1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of
8
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3)
9

10 ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

11

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

12 jurisdiction of the United States District Court for the Western District of Washington at
13 Tacoma.
14
PARTIES
15
3. Plaintiff Commission is the agency of the United States of America charged with
16
the administration, interpretation and enforcement of Title VII, and is expressly authorized to
17
18 bring this action by Section 706(f)(1) of Title VII, 42 U.S.C. §2000e-5(f)(1).

19

4. At all relevant times, Defendant Labor Ready, Inc. (“Labor Ready”) has been a

20 corporation continuously doing business in the State of Washington and has continuously had at
21
least 15 employees.
22
5. At all relevant times, Defendant Labor Ready has continuously been an employer
23
engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of
24
25 Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).

COMPLAINT- Page 2 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

STATEMENT OF CLAIMS
1

2

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

3 charge with the Commission alleging violations of Title VII by Defendant Labor Ready. All

4 conditions precedent to the institution of this lawsuit have been fulfilled.

5

7. From at least December 15, 2003, Defendant Labor Ready, at its Longview,

6
Washington facility and elsewhere engaged in unlawful employment practices in violation of
7
§§ 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and -3(a). Defendant subjected Ms.
8
Lowell to sexual harassment. Furthermore, Labor Ready, Inc. engaged in unlawful practices by:
9

10 (1) retaliating against Ms. Lowell for her complaints about sexual harassment by terminating her

11 in January 2003; and (2) retaliating against Ms. Lowell by interfering with her subsequent

12 employment.

13

8. The effect of the practices complained of in paragraph 9 above has been to

14
deprive Ms. Lowell of equal employment opportunities.
15
9. The unlawful employment practices complained of in paragraph 9 above were
16

intentional.
17

18

12. The unlawful employment practices complained of in paragraph 9 above were

19 done with malice or with reckless indifference to Ms. Lowell’s federally protected rights.

20

PRAYER FOR RELIEF

21
Wherefore, the Commission respectfully requests that this Court:
22
A. Grant a permanent injunction enjoining Defendant, its officers, successors, agents,
23
assigns, and all persons in active concert or participation with it, from engaging in any
24

25 employment practices which discriminate or retaliate.

COMPLAINT- Page 3 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

B. Order Defendant to institute and carry out policies, practices, and programs which
1
2 provide equal employment opportunities for all employees, and which eradicate the effects of its 3 past and present unlawful employment practices.

4

C. Order Defendant to make whole Ms. Lowell by providing appropriate back pay

5 with prejudgment interest, in amounts to be determined at trial, and other affirmative relief
6
necessary to eradicate the effects of its unlawful employment practices.
7
D. Order Defendant to make whole Ms. Lowell by providing compensation for past
8
and future pecuniary losses resulting from the unlawful employment practices described in
9
10 paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be

11 determined at trial.

12

E. Order Defendant to make whole Ms. Lowell by providing compensation for past

13 and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph
14
7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in
15
amounts to be determined at trial.
16
F. Order Defendant to pay Ms. Lowell punitive damages for its malicious and
17

18 reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

19

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

20 interest.
21
H. Award the Commission its costs of this action.
22

23
//
24
25 //

COMPLAINT- Page 4 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

1

2

JURY TRIAL DEMAND

3

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

4
DATED this 12th day of October, 2005.
5

6 A. LUIS LUCERO, JR. Regional Attorney
7
KATHRYN OLSON
8
Supervisory Trial Attorney
9
TERI HEALY 10 Senior Trial Attorney

JAMES L. LEE Deputy General Counsel
GWENDOLYN Y. REAMS Associate General Counsel

11 BY: /s/ A. Luis Lucero, Jr.

_____

12 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

13 Seattle District Office

Office of the General Counsel

909 First Avenue, Suite 400

1801 “L” Street NW

14 Seattle, Washington 98104

Washington, D.C. 20507

Telephone (206) 220-6916 15 Facsimile (206) 220-6911

16 Teri.Healy@eeoc.gov

Attorneys for Plaintiff EEOC

17

18

19

20

21

22

23

24

25

COMPLAINT- Page 5 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 1

2

3

4

5

6

7

The Honorable Ronald B. Leighton

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT TACOMA

10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
11 Plaintiff,
12 v.
13 LABOR READY, INC., and IFA
14 NURSERIES, INC.,

15

Defendants.

16

) No. 3:05-cv-05671-RBL

)

)

PLAINTIFF INTERVENOR JANICE

)

LOWELL’S COMPLAINT FOR

)

DAMAGES AGAINST LABOR

)

READY, INC.

)

)

JURY TRIAL DEMAND

)

)

)

)

)

17

NATURE OF THE ACTION

18

This is a civil action brought pursuant to 42 U.S.C. § 2000e et seq. and pursuant to RCW

19 Chapter 49.60. Intervenor Janice Lowell (hereafter “Lowell”) seeks monetary damages, punitive 20 damages, costs and attorneys fees under 42 U.S.C. § 2000e et seq. and monetary damages, costs

21 and attorneys fees under RCW Chapter 49.60.

22

JURISDICTION AND VENUE

23

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1337, 1343

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

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

26 VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. Plaintiff also brings

INTERVENOR JANICE LOWELL’S COMPLAINT FOR DAMAGES AGAINST LABOR READY, INC.

- 3:05-cv-05671-RBL- Page - 1

DONALD B. POTTER
WSB # 14906 522 SW Fifth Avenue
Suite 1110 Portland, OR 97204
(503) 223-2612

1 pendent state law claims for unlawful sex discrimination and retaliation under RCW Chapter

2 49.60. This Court has supplemental jurisdiction of Plaintiff’s pendent state law claims under 28

3 USC § 1367.

4

2. The employment practices alleged to be unlawful under Title VII and unfair under

5 RCW Chapter 49.60 were committed within the jurisdiction of the United States District Court for

6 the Western District of Washington at Tacoma.

7

PARTIES

8

3. This action was commenced by Plaintiff, the Equal Employment Opportunity

9 Commission (hereafter “EEOC”).

10

4.Plaintiff Intervenor Janice Lowell (hereafter “Plaintiff Intervenor”) was at all relevant

11 times a resident of the State of Washington and is now a resident of Oregon.

12

5. At all relevant times Defendant Labor Ready, Inc. (hereafter “Labor Ready”) has

13 been a corporation continuously doing business in the state of Washington and has continuously

14 had at least 15 employees.

15

6. At all relevant times Defendant Labor Ready has been an employer engaged in an

16 industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42

17 U.S.C. §§ 2000e-(b), (g) and (h).

18

STATEMENT OF CLAIMS

19

First Claim for Relief

20

(Sexual Harassment - Title VII)

21

7. Plaintiff Intervenor physically worked through Labor Ready at IFA Nurseries, Inc.

22 in Toledo, Washington from in or about mid-December 2003 until in or about mid-January, 2004.

23

8. During the period of time Plaintiff Intervenor physically worked through Labor

24 Ready at IFA Nurseries, Inc., in Toledo, Washington she was subjected to sexual harassment and

25 retaliation for opposing sexual harassment in violation of §§ 703(a) and 704(a) of Title VII, 42

26 U.S.C. §§ 2000e-2(a) and -3(a). Further, Labor Ready engaged in unlawful practices by

INTERVENOR JANICE LOWELL’S COMPLAINT FOR DAMAGES AGAINST LABOR READY, INC.

- 3:05-cv-05671-RBL- Page - 2

DONALD B. POTTER
WSB # 14906 522 SW Fifth Avenue
Suite 1110 Portland, OR 97204
(503) 223-2612

1 retaliating against Plaintiff Intervenor for pursuing her complaints about sexual harassment by: (1)

2 terminating her in January 2003; and (2) interfering with her subsequent employment.

3

9. The EEOC investigated this matter and found reasonable cause to believe that

4 violations of Title VII had occurred in certain particulars. Thereafter, the EEOC filed this action

5 alleging that Labor Ready engaged in unlawful practices by subjecting her to sexual harassment

6 and retaliation in violation of §§ 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and -

7 3(a) .

8

10. As a result of Labor Ready’s conduct, Plaintiff Intervenor suffered emotional

9 distress all to her non-economic damage in an amount to be proven at trial and lost back and front

10 pay all to her economic damage in an amount to be proven at trial.

11

11. Defendant Labor Ready acted with malice or with reckless indifference to

12 Plaintiff Intervenor’s federally protected right to be free from sexual harassment in the

13 workplace and from retaliation for complaining about sexual harassment and Defendant Labor

14 Ready should be assessed punitive damages in amounts to be set by a jury pursuant to 42 U.S.C.

15 § 1981a(b)(1).

16

12. Plaintiff Intervenor further is entitled to recover her reasonable attorney’s fees,

17 costs, expert witness fees, prejudgement interest, postjudgment interest and such other injunctive

18 relief as the Court deems just pursuant to 42 USC §2000e-(5)(g) and (k).

19

13. Plaintiff Intervenor has an absolute right to intervene in this action under 42 U.S.C.

20 §2000e-5(f)(1).

21

14. Plaintiff Intervenor has satisfied all requirements concerning exhaustion of

22 administrative remedies and all conditions precedent to institution of her claims.

23

Second Claim for Relief

24

(Sexual Harassment - RCW Chapter 49.60)

25

15. Plaintiff Intervenor realleges paragraphs 1 through 10, 13 and 14.

26

16. During the period of time Plaintiff Intervenor physically worked for Labor Ready at

INTERVENOR JANICE LOWELL’S COMPLAINT FOR DAMAGES AGAINST LABOR READY, INC.

- 3:05-cv-05671-RBL- Page - 3

DONALD B. POTTER
WSB # 14906 522 SW Fifth Avenue
Suite 1110 Portland, OR 97204
(503) 223-2612

1 IFA Nurseries, Inc. in Toledo, Washington she was subjected to sexual harassment in violation of

2 RCW 49.60.180.

3

17. Plaintiff Intervenor further is entitled to recover her reasonable attorney’s fees,

4 costs, expert witness fees, prejudgement interest, postjudgment interest and such other injunctive

5 relief as the Court deems just pursuant to RCW 49.60.030(2) and Title VII of the Civil Rights

6 Act of 1964, as amended.

7

Third Claim for Relief

8

(Retaliation - RCW Chapter 49.60)

9

18. Plaintiff Intervenor realleges paragraphs 1 through 10, 13, 14, 16 and 17.

10

19. Labor Ready violated RCW 49.60.210 by retaliating against Plaintiff Intervenor for

11 pursuing her complaints about sexual harassment by: (1) terminating her in January 2003; and (2)

12 interfering with her subsequent employment.

13

WHEREFORE, Plaintiff Intervenor prays for the relief requested in each of her claims for

14 relief alleged above and for such other relief that the Court deems just and equitable and demands

15 a jury trial.

16

DATED this 15th day of December, 2005.

17

18

__/s/ Donald B. Potter__________

Donald B. Potter, WSB #14906

19

Attorney for Janice Lowell

DONALD B. POTTER, P.C.

20

522 S.W. Fifth Avenue, Suite 1110

Portland, OR 97204

21

(503) 223-2612

22

23

24

25

26

INTERVENOR JANICE LOWELL’S COMPLAINT FOR DAMAGES AGAINST LABOR READY, INC.

- 3:05-cv-05671-RBL- Page - 4

DONALD B. POTTER
WSB # 14906 522 SW Fifth Avenue
Suite 1110 Portland, OR 97204
(503) 223-2612

 
 A. LUIS LUCERO, JR., REGIONAL ATTORNEY 1 KATHRYN OLSON, SUPERVISORY TRIAL ATTORNEY 2 TERI HEALY, SENIOR TRIAL ATTORNEY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 909 FIRST AVENUE, SUITE 400
SEATTLE, WA 98104 4 TEL: (206) 220-6916
FAX: (206) 220-6911 5 Teri.Healy@eeoc.gov
6
ATTORNEYS FOR PLAINTIFF
7

8

9

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA
10

11

EQUAL EMPLOYMENT OPPORTUNITY

12 COMMISSION

CIVIL ACTION NO.

13

14

Plaintiff,

EEOC’S FIRST AMENDED COMPLAINT

15

v.

JURY TRIAL DEMAND

16 LABOR READY, INC.,

17

18

Defendant.

19

NATURE OF THE ACTION

20
This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil
21
Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and retaliation,
22
and to provide appropriate relief to Janice Lowell (“Ms. Lowell”) who was adversely affected by
23
24 such practices. Plaintiff, the Equal Employment Opportunity Commission (the “Commission”),
25 alleges that Labor Ready, Inc. and Labor Ready Northwest, Inc. (hereafter Labor Ready

EEOC’s First Amended COMPLAINT- Page 1 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Northwest), subjected Ms. Lowell to sexual harassment. Furthermore, the Commission alleges
1
2 that Labor Ready, Inc. and Labor Ready Northwest retaliated against Ms. Lowell when she 3 complained about the sexual harassment by discharging her, and then engaged in post-

4 employment retaliation against her. Plaintiff seeks monetary relief, including pecuniary and

5 nonpecuniary compensatory and punitive damages and injunctive relief, on behalf of Ms.

6
Lowell.
7
8
1.
9

JURISDICTION AND VENUE Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§451, 1331, 1337,

10 1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of

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

12 ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.

13

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

14
jurisdiction of the United States District Court for the Western District of Washington at
15
Tacoma.
16

17

PARTIES

18

3. Plaintiff Commission is the agency of the United States of America charged with

19 the administration, interpretation and enforcement of Title VII, and is expressly authorized to

20 bring this action by Section 706(f)(1) of Title VII, 42 U.S.C. §2000e-5(f)(1).
21
4. At all relevant times, Defendant Labor Ready, Inc. (“Labor Ready”) and Labor
22
Ready Northwest have has been a corporation continuously doing business in the State of
23
Washington and has continuously had at least 15 employees. Defendant Labor Ready
24

25

EEOC’s First Amended COMPLAINT- Page 2 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

Northwest at all material times has been a wholly-owned subsidiary of Defendant Labor
1
2 Ready.

3

5. At all relevant times, Defendant Labor Ready and Defendant Labor Ready

4 Northwest have has continuously been an employers engaged in an industry affecting commerce

5 within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g) and

6
(h).
7
8
6.
9

STATEMENT OF CLAIMS More than thirty days prior to the institution of this lawsuit, Ms. Lowell filed a

10 charge with the Commission alleging violations of Title VII by Defendant Labor Ready. All

11 conditions precedent to the institution of this lawsuit have been fulfilled.

12

7. From at least December 15, 2003, Defendant Labor Ready, and Labor Ready

13 Northwest at its Longview, Washington facility and elsewhere engaged in unlawful employment
14
practices in violation of §§ 703(a) and 704(a) of Title VII, 42 U.S.C. §§ 2000e-2(a) and -3(a).
15
Defendant by subjecting ed Ms. Lowell to sexual harassment. Furthermore, Labor Ready, Inc.
16
17 and Labor Ready Northwest engaged in unlawful practices by: (1) retaliating against Ms.

18 Lowell for her complaints about sexual harassment by terminating her in January 2003; and (2)

19 retaliating against Ms. Lowell by interfering with her subsequent employment.

20

8. The effect of the practices complained of in paragraph 7 9 above has been to

21
deprive Ms. Lowell of equal employment opportunities.
22
9. The unlawful employment practices complained of in paragraph 7 9 above were
23
intentional.
24

25

EEOC’s First Amended COMPLAINT- Page 3 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

12. The unlawful employment practices complained of in paragraph 7 9 above were
1
2 done with malice or with reckless indifference to Ms. Lowell’s federally protected rights.

3

PRAYER FOR RELIEF

4

Wherefore, the Commission respectfully requests that this Court:

5

A. Grant a permanent injunction enjoining Defendants, its officers, successors,

6
agents, assigns, and all persons in active concert or participation with it, from engaging in any
7
employment practices which discriminate or retaliate.
8
B. Order Defendants to institute and carry out policies, practices, and programs
9

10 which provide equal employment opportunities for all employees, and which eradicate the

11 effects of its past and present unlawful employment practices.

12

C. Order Defendants to make whole Ms. Lowell by providing appropriate back pay

13 with prejudgment interest, in amounts to be determined at trial, and other affirmative relief
14
necessary to eradicate the effects of its unlawful employment practices.
15
D. Order Defendants to make whole Ms. Lowell by providing compensation for past
16
17 and future pecuniary losses resulting from the unlawful employment practices described in

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

19 determined at trial.

20

E. Order Defendants to make whole Ms. Lowell by providing compensation for past

21
and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph
22
7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in
23
amounts to be determined at trial.
24

25

EEOC’s First Amended COMPLAINT- Page 4 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

F. Order Defendants to pay Ms. Lowell punitive damages for its malicious and
1
2 reckless conduct described in paragraph 7 above, in amounts to be determined at trial.

3

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

4 interest.

5

H. Award the Commission its costs of this action.

6
JURY TRIAL DEMAND
7
The Commission requests a jury trial on all questions of fact raised by its complaint.
8
DATED this __23_ day of ___March__, 2006
9

10 WILLIAM R. TAMAYO Regional Attorney

JAMES Deputy

11 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

12 San Francisco District Office

350 The Embarcadero, Suite 500 13 San Francisco, CA 94105-1260

L. LEE General Counsel

14

KATHRYN OLSON

GW

15 Supervisory Trial Attorney

ENDOLYN Y. REAMS

Associate

General Counsel

16 TERI HEALY 17 Senior Trial Attorney

18

19 BY:

EQUAL EMPLOYMENT OPPORTUNITY 20 COMMISSION

21 Seattle District Office 909 First Avenue, Suite 400

Office of the General Counsel 1801 “L” Street NW

22 Seattle, Washington 98104

Washington, D.C. 20507

Telephone (206) 220-6916

23 Facsimile (206) 220-6911

Attorneys for Plaintiff EEOC
24

25

EEOC’s First Amended COMPLAINT- Page 5 of 5

EQUAL EMPLOYMENT OPPORTUNITYCOMMISSION
Seattle District Office 909 First Avenue, Suite 400 Seattle, Washington 98104-1061 Telephone: (206) 220-6883
Facsimile: (206) 220-6911 TDD: (206) 220-6882

 
 Case 3:05-cv-05671-RBL Document 60-1 Filed 06/21/2006 Page 1 of 10

1

The Honorable Ronald B. Leighton

2
111111111111111111111111111111111111111111111
3
11111111111111111111111111111111111
4
05-<:V-05671-0KD
5

JUN 2 2 l~tl6

6

rIW."l-l1li

w~..,,,.$...01'

IIISTHlCT COURT WASIfIIGTCH AT

TACOMA

7

DEI'VrY

8

UNITED STATES [)lSTRICT COUKl' WESTERN DISTRICT OF WASHINGTON

9

AT TACOMA

10 EQUAL EMPLOYMENT OPPORTUNlTY No. C05-567I RBL

11

COMMISSION,

12 and

PlaintitI;

PROPOSED SETTLEMENT AGREEMENT AND ORl)RR DISMISSING ACnON

13

JANICE LOWELL,

14

Plaintiff in InteTventilm,

15

v.

16 LABOR READY, INC.,

17 and

18 IFA NURSERIES, INC.,

19 __________ _ ~D~~~n~~~ _____~

20

I. INTRODUCTION

21

1. This action originated when Janice Lowell tiled a charge of discrimination with

22 the Equal Employment Opportunity Cummission ("EEOC" or "Commission") on July 8, 2004.

23
Lowell alleged that defendants Labor Ready, Inc., Labor Ready Northwest, Inc. ("Labor Ready")
24

25 and IFA Nurseries, Inc. ("IFA" or collectively "Defendants") discriminated against her based

26

27 PROPOSED Settlement Agreement and
Order Dismissing Actiotl- I
28 (C05-5671 RilL)

)l;quHl ~mploymt'nt Opportunity Commission
Sealt\e Field om~e 909 t~l AvenLlt:, Suitt: 400 St:uttle. Washington 98104
(206) 220-6883

Case 3:05-cv-05671-RBL Document 60-1 Filed 06/2112006 Page 2 of 10

1 upon her sex (female) in violation of Title VII of the Civil Rights Act of 1964, 42U.S.C.§

2 2000e, et seq. ("Tille VII"), when Lowell was subjected to sexual harassment and retaliation.

3

2.

On July 5, 2005, the EEOC issued a letter of detennination with a finding of

4
reasonable cause to believe that IfA and Labor Ready violated Title VII.

5

3.

The Commission filed its complaint against IFA on September 30, 2005 in the

6

7 United States District Court for the Western District of WashingIon and its complaint against

8 Labor Ready on October 13, 2005.

9

4. Labor Ready filed an answer to the Commission's complaint on November 18,

10 2005. IFA t1Ied an answer to the Commission complaint on December 23,2005. Both answers

II denied the allegations of discrimination in the EEOC's complaint. The cases were consolidated

12
on December 5, 2005.

13
5. Lowell tIled motions to intervene and was granted intervention.
14

15

6. The parties want to conclude fully and finally all claims arising out of the charge

16 of discrimination filed with EEOC by Janice Lowell, the EEOC's Letter of Determination, and

17 the EEOC's complaint and Lowell's complaint in intervention. The EEOC, Labor Ready and

18 IfA enter into this settlement agreement to further the objectives of equal employment as set

19
forth in Title VII.

20

II. NONADMISSION OF LIABILITY AND NONDETERMINATION

21

BY THE COURT

22
7. This settlement agreement is not an adjudication Or finding on the merits of this
23
24 case and shall not be construed as an admission by Labor Ready or IFA of a violation of Title

25 VII. Labor Ready and IFA deny violating any law.
26
27 PROPOSED Settlement Agreement and
Order Dismissing Action - 2
28 (C05-5671 RBL)

Equal Employment Opportunity COl11mlsslOIl Seattle Field OffiCI;!:
909 1st Avenue. Suite 400 Seattle, Washington 98104
(206) 220-6883

Case 3:05·cv·05671-RBL Document 60-1 Filed 06/21/2006 Page 3 of 10

III. JURISDICTION AND VENUE

2

8. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,

3 1343 and 1345. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title VlI of
4
the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(I)(1) and (3), and Scction 102
5
ofthe Civil Rights Act of 1991,42 U.S.c. § 1981a. The parties agree that Ms. Lowell was
6 7 employed by Labor Ready and worked for IFA within the jurisdiction of the United States
8 District Court for the Western District of Washington.

9

IV. SETTLEMENT SCOPE

10

9. This settlement agreement is the final and complete resolution of all allegations of

11 unlawful employment practices contained in Janice Lowell's discrimination charges, in the

12 hEOC's administrative determinations, and in the complaints filed herein, including all claims by 13
the parties for attorney's fees and costs. The scope of this agreement shall apply only to the
14
Labor Ready Northwest Empire District, which includes its existing branches in Federal Way,
15 16 South Seattle, Auburn, Lakewood, Kent, Tacoma, Olympia, Puyallup, Kelso, Vancouver and
17 Centralia, and to IFA's Toledo, Washington facilities.

18

V. MONETARY RELIEF

19

10. In settlement of this lawsuit, Labor Ready and IFA agree to pay within 10

20 business days of signing this agreement the following sum to Janice Lowell: $36,000. Of this
21 amount Labor Ready shall pay $23,000 and IFA shall pay $13,000. Settlement proceeds to 22
Lowell will be handled by her counsel, Donald B, Potter, whose law offices arc located at 522
23
SW Fifth Avenue, Suite 1110, Portland, OR 97204. Labor Ready, IFA and Janice Lowell have
24
25 negotiated a separate settlement agreement and release to which the EEOC is not a party.

26

27 PROPOSED Settlement Agreement and
Order Dismissing Action - 3
28 (C05-567l RBL)

EqUAl Employnlent Opportunity Commission Scanlc Field Office
909 1st Avenue, Suite 400 Seattle. Washington 98104
(206) 220·6883

Case 3:05-cv-05671-RBL Document 60-1 Filed 06/21/2006 Page 4 of 10

1

VI. AFFIRMATIVE AND OTHER RELIEF

2

A. General Provisions

3

II. Labor Ready, IfA, their respective officers, agents, and employees will enforce

4
their policies that prohibit unlawful discrimination against employees on the basis of gender and
5
prohibit sexual harassment and retaliation. In recognition oftheir obligations under Title VII,
6

7 Labor Ready and IFA will maintain policies and practices as set forth below.

8

13. Anti-Discrimination Policies and Procedures

9

12. Labor Ready and IFA shall maintain their anti-discrimination policies, procedures

10 and training on sex discrimination for employees, supervisors and management personnel and
11 will continue to provide equal employment opportunities tor all employees, regardless of gender.
12
As an ongoing commitment to Equal Employment Opportunity ("EEO"), I,abor Ready and !FA
13
will maintain their current policies of assuring that their respective managers and supervisors
14 15 fully understand their EEO p(llicies and how those policies define and identify what constitutes
16 employment discrimination on the basis of Sex. Labor Ready and IFA shall enforce their policies

17 and procedures as written.

18

13. Within one-hundred-twenty (120) days of the date of the effective date of this

19
Settlement Agreement, Labor Ready and IfA will: (a) review their EEO policies to ensure that
20
they adequately prohibit discrimination against employees on the basis of sex and retaliation
21
22 with respect to any term, condition or privilege of employment, and address Labor Ready's and

23 IFA's obligations to provide work environment$ free of sex discrimination for their employees;

24 (b) IFA will distribute, a written copy of its BEO policy to employees, both management and

25 non-management; and (e) Labor Ready will distribute written copies of its EEOC policies to

26 regular current management and non-management employees. Labor Ready and IfA will

27 PROPOSED Settlement Agreement and
Order Dismissing Action - 4
28 (COo-567l RBL)

EquaJ ItmploYlntnl Oppul"lunily Commmwn Seattle field Office
909 Ist Avenue. Suite 400 Seattle, Washington 98 I 04-
(206) 220·688)

Case 3:05-cv-05671-RBL Document 60-1 Filed 06/21/2006 Page 5 of 10

1 provide EEOC with a written copy of their EEO policies as part of their first annual report~ as

2 provided in paragraph 20 below.

3

C. Training

4
14. Within one-hundred-eighty 180 days of the execution of this agreement, Labor
5
Ready will present to all managers and supervisors within the Northwest Empire District for
6

7 Lahor Ready and IFA will present to all such employees in Toledo, three (3) hours of live

8 training on employmcnt discrimination, including sexual harassment and retaliation. Defendants

9 will present such training to said personnel annually during the duration of this agreement.

10 Further, within 60 days of the employment of a manager or supervisor in the Northwest Empire
II District for Labor Ready and the Toledo facility for lFA, Defendants will ensure that each of 12
their respective new management personnel will complete a 2 hour online course regarding
13
discrimination including the topics of sexual harassment and retaliation. Non-management
14 15 employees who participate in personnel decisions, including tennination, must also attend these

16 training sessions; processing of applications for temporary assignments at a client's worksite

17 shall not constitute a personnel decision. The EEOC will have an opportunity to review the

18 training materials prior to the training date.

19
15. Labor Ready and IFA will notify the EEOC of the completion ofthe training and
20
will specify the names and job titles or the employees who completed the training as part of their
2\
22 annual reports (0 the EEOC.

23

D. Exoungcmcnt of Records

24

16. Lahor Ready and IFA will not disclose any information or make references to any

25 charge of discrimination or this lawsuit in responding to requests for information about Janice

26 Lowell. Labor Ready and IFA will only give out dates of employment and compensation, if

27 PROPOSED Settlement Agreement and
Order Dismissing Action ~ 5
28 (C05.5671 RBL)

Equal EmplDyment 0ppDrtunity Commlssloll St:ulllt: field Office
909 Isl Av~nut:. Suite 400 SeatLle, WI1:shing[on 98104
(2U6) 220·6883

Case 3:05-cv-05671-RBL Document 60-1 Filed 0612112006 Page 6 of 10

1 requested, in response to any requests for information regarding Janice Lowell. Janice Lowell

2 shall only direct prospective employers seeking references from Labor Ready to the Empklyee

3 Verification Department at 1-800-610-8920 ext. 8460.

4

E. Policies Designed to Promote Supervisor Aecountabilirv

5 17. Labor Ready and IFA shall impose appropriate discipline -- up to and including
6

7 termination of employment, suspension without payor demotion -- upon any employee who they

8 determine has discriminated against any employee on the basis of gender, or who retaliates

9 against any person who complains or participates in any investigation or proceeding concerning

10 any such conduct. Labor Ready and IFA shall communicate this policy to all of their cmployees.

11

18. During the annual training hereunder, Labor Ready and IFA shall advise all

12
subject managers and supervisors in the locations specified in paragraph 9 of their duly 10
13
actively monitor their work areas to ensure employees' compliance with the company's EEO
14

15 policy, and to report any incidents or complaints of discrimination or retaliation of which they

16 become aware to Labor Ready's Human Resources Department or [FA's corporate headquarters,

17 as applicable.

18

19. IliA will evaluate ils supervisory and management employees subject to this

19 agreement pursuant to paragraph 9 on their compliance with IFA's EEO policies. Labor Ready
20
will provide the summary referenced in paragraph 20 (d) to the district manager who shall
21
22 review the same and assess the branch manager's compliance with EEOC policies.

23

F. Reporting

24

20. Labor Ready and IrA shall report in writing to the EEOC on an annual basis,

25 beginning twelve months (12) months from the date of the entry of this agreement, and again

26 Iwelve (12) months thereafter the following information:

27 PROPOSED Settlement Agreement and
Order Dismissing Action - 6
28 (C05-5671 RBL)

Equal Employment Opportunity Commission S~I.1UIt: field Office
909 1st Avt:nut:, Suite 400 St:l1l1le, Wl.1shingwn 98104
(206) 220-6883

Case 3:05-cv-05671-RBL Document 60-1 Filed 06/21/2006 Page 7 of 10

1

a. Certification ofthe completion of three (3) hours of training for managers,

supervisors, and non-management employees who participate in the promotion or

2

hiring process, along with lists of attendees;

3

b. Certification that their EEO policies have been distributed to all current and newly

hired employees;

4

c. A list of any changes, modifications, revocations or revisions to their EEO

5

policies and procedures which concern or affect the subject of discrimination.

6

d. A summary of internal formal discrimination complaints, if any, submitted to

management or Labor Ready's Human Resources Department by employces

7

working at Labor Ready in the Northwest Empire District or to management at

IFA's Toledo facility by employees working at the Toledo facility, and the

8

resolution of each such complaint; and

9

c. A statcmcnt certifying that the company has complied with the terms of this

Settlement Agreement. If a Defendant has not complied with any term of this

10

Settlement Agreement, the statement will specify the areas of noncompliance, the

reason for the noncompliance, and the steps taken to bring the Defendant into

11

compliance.

12
G. Posting
13
21. Labor Ready and IFA will post Notices, attached as Exhibits 1-4 to this 14
15 Settlement Agreement. Both Defcndants' Notices shall be posted on a centrally located bulletin

16 board or other place where such notices are normally posted and read by employees during the

17 two (2) year period of this Agreement.

18

19

VII. ENFORCEMENT

20
22. If the EEOC detennines that Labor Ready and IFA have not complied with the
21
terms of this Agreement, the EEOC will provide written notification of the alleged breach to the
22

23 company alleged to be in breach. The EEOC wi II not petition the court for enforcement ofthis

24 agreement for at least thirty (30) days after providing written notification of the alleged breach.

25 The 30-day period following the written notice shall be used by the parties for good faith etlorts

26 to resolve the dispute.
27 PROPOSED Settlement Agreement and
Order Dismissing Action - 7
28 (COS.5671 RBL)

EquAl Eltlpluyrnent Opputtullity COIlilni:!IP:!iiuD Seattle Field Office
909 1st Avenue':, Suitt= 400 Seattle. Washington 98104
(206) 220-6883

Case 3:05-cv-05671-RBL Document 60-1 Filed 06/21/2006 Page 8 of 10

I

VIII. RETENTION OF JURISDICTION

2

23. The United States District Court for the Western District of Washington shall retain

3 jurisdiction over this matter for the duration of this agreement.
4
IX. DURATION AND TERMINATION
5 24. This agreement shall be in effect for two (2) years beginning the day the court
6 7 enters the order approving this agreement. If the EEOC petitions the court for breach ofthis
8 settlement agreement. and the court finds either Defendant to be in violation of its terms, the

9 COllrt may extend the duration of this settlement agreement.

10

X. CONCLUSION

11

25. The parties are not bound by any provision of this agreement until it is signed by

12 authorized representatives of each party and entered by the court.
13

14

15

Dated this ____ day of __________, 2006.

16 WILLIAM R. TAMAYO 17 Regional Attorney

JAMES L. LEE Deputy General Counsel

18 A. LUIS LUCERO, JR.
Associate Regional Attorney
19

20

KATHRYN OLSON Supervisory Trial Attorney

21
Teri Healy

22 Senior Trial Attorney

GWENDOLYN Y. REAMS Associate General Counsel

23
24 BY:.~~~~~~~~~~~~
EQUAL EMPLOYMENT OPPORTUNITY
25 COMMISSION
Seattle Field Office
26 909 First Avenue, Suite 400

San Francisco District Oftke 350 The Embarcadero, Suite 500

27 PROPOSED Settlement Agreement and
Order Dismissing Action - 8
28 (C05-567I RBL)

Equal F.mploymen1 Opportunity CommlSlllon Seattle Field Otlice
909 I st A venue, Suite 400 Seattle, Washington 9S 104
(206) 220·6383

Case 3:05-cv-05671-RBL Document 60-1 Filed 06/21/2006 Page 9 of 10

Seallle, Washington 98104
Telephone (206) 220-6916
2

San Francisco, CA 94105-1260

3 4 5 PRESENTED BY: 6 7 8 PRESENTED BY: 9

Attorneys for Plaintiff
slTer; Heal]! Teri L. Healy Attorneys for Plaintiff Equal Employment Opportunity Commission
s/IJonald fl. l'olter Donald B. Potter, WSBA #14906 Attorney for Plaintiff Intervenor, Janice Lowell

10 PRESENTED BY:

,,1M Edward Tavlor

M. Edward Taylor, WSBA #16864

11

Attorney for Defendants, Labor Ready, Inc.

12

and Labor Ready Northwest, Inc.

13 PRESENTED BY: 14

slScolt 7: Cliff Scott T. Clin; WSBA #37188 Attorney for Defendant, IFA Nurseries, Inc.

15

16

17

18

19

20

21

22

23

24

25

26

27 PROPOSED Settlement Agreement and
Order Dismissing Action .- 9
28 (C05-5G71 RBL)

Equal F.mployment Op{l0I1unlty Commi.!I.!iicn S~nttk: Fi(:ld Oft1ce
909 l:!lt Avenue, Suite=: 400 Seattle, Washington 981U4
(206) nO-MII3

Case 3:05·cv·05671·RBL Document 60-1 Filed 06121/2006 Page 10 of 10

1

ORDER APPROVING SETTLEMENT AGREEMENT

2

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

3 HEREBY ORDERS THAT the foregoing settlement agreement be, and the same hereby is,
4 approved as the final agreement in filII settlement of this action. This lawsuit is hereby
5
dismissed with prejudice and without costs or attorneys' fees to any party. The Court retains
6
jurisdiction of this mailer for purposes of enforcing the settlement agreement approved herein.
7

8 9

,,1 ~ DATED this

day of

u...,.,g .

,2006.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27
28

 
 1

THE HONORABLE RONALD B. LEIGHTON

2

3

4

5

6

7

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

8 EQUAL EMPLOYMENT OPPORTUNITY 9 COMMISSION,

10

Plaintiff,

11

vs.

Case No. C05-5671RBL
LABOR READY, INC.'S MOTION TO CONSOLIDATE ACTIONS

12 LABOR READY, INC.,
13 Defendant.
14 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
15
Plaintiff, 16

Note on Motion Calendar: December 2, 2005
NOTICE OF RELATED CASE FILING: Case No. 05-5641 RBL

17

vs.

18 IFA NURSERIES, INC.

19

Defendant.

20

I. RELIEF REQUESTED

21

Labor Ready, Inc. ("Labor Ready") respectfully moves this Court for an order

22 consolidating for all purposes the actions captioned above: Equal Employment Opportunity 23 Commission v. Labor Ready, Inc., Case No. C05-5671 RBL and Equal Employment Opportunity

24 v. IFA Nurseries, Inc., Case No. CV05-5641 RBL. As detailed below, the EEOC has filed nearly

25 identical complaints against Labor Ready and IFA Nurseries, Inc. ("IFA") based on the same

26 allegations of sexual harassment ofa temporary employee of Labor Ready dispatched to its

27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 1

SEBRIS BUSTO JAMES
14205 SE 36· Street - Suite 325 Bellevue, Washington 98006 Telephone: (425) 454-4233
Fax: (425) 453-9005

1 client, IFA. The EEOC did so without indicating to the Court the related nature of the

2 proceedings.

3

Maintaining separate actions would waste the Court's resources, would cause the

4 Defendants to needlessly incur additional fees, would create the risk of inconsistent outcomes,

5 and would potentially result in a double recovery for the same alleged injuries. Labor Ready

6 does not know ifthe EEOC undertook this procedural gamesmanship to obtain two bites at the

7 same apple, to judge shop, or to try to obtain a double recovery, but no reasons justify a

8 governmental agency burdening the Court and the Defendants with wholly redundant litigation.

9 Consolidation is therefore proper.

10

II. FACTUAL BACKGROUND

11

Labor Ready is the nation's leading provider of temporary workers to businesses. It

12 provides, through its subsidiaries, temporary job opportunities to over 600,000 people per year,

13 many of whom would otherwise be without work. Persons desiring work register with Labor

14 Ready and are provided information regarding its process and policies, including its anti-

15 harassment policy. They then can elect to show up at a Labor Ready office early in the morning

16 to be dispatched based on a match of their skill sets with the daily needs of that office's clients.

17 The dispatched employees are employed by Labor Ready, which is responsible for wages and

18 maintaining required insurance. The client has control and supervision over the employee during

19 the day, and has an option of requesting that the employee return on subsequent days. Dec!. of

20 Danielle Covarrubias ~ 3. If the employee returns to Labor Ready, the employee has the option

21 of returning to the client'sjobsite or going to any other site as available. At the end of each day,

22 the employee returns to Labor Ready to receive his or her pay.

23

Labor Ready Northwest, Inc. has an office in Longview, Washington. Id. ~ 6. One of its

24 clients is IFA Nurseries ("IFA"), which frequently requests manual laborers to work in its tree

25 nursery. Id. ~ 7. In December 2003, Labor Ready dispatched Janice Lowell to IFA, where she

26

27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 2

SEBRIS BUSTO JAMES
14205 SE 36th Street- Suite 325 Bellevue, Washington 98006
Telephone: (425) 4544233 Fax: (425) 453·9005

1 worked for 9 days through January 15, 2004. ld. Ms. Lowell had worked sporadically for Labor

2 Ready in various locations, and had earned a total ofless than $5,000 over 4 years. ld. ~ 8.

3

On January 15th Ms. Lowell went to work at IFA but left before her shift ended.

4 Declaration of Teresa Hiatt ~ 5. She complained to an employee at the Labor Ready office that

5 she had been sexually harassed that day by an employee of IFA. ld. ~ 6. The Labor Ready

6 employee reported the alleged harassment to Labor Ready's branch manager, Teresa Hiatt, who

7 then met with Ms. Lowell. ld. Ms. Lowell was interviewed by Ms. Hiatt and given the number

8 for Labor Ready's toll-free "CareLine" for employee complaints. ld. She was asked to prepare a

9 written statement and bring it in the following day, which she did. ld. However, the written

10 statement was largely illegible, so the branch manager, Ms. Hiatt, retyped it for her. !d. Ms.

11 Lowell was also informed that Ms. Hiatt had contacted IFA, that Labor Ready and IFA were

12 investigating her complaint, and Ms. Lowell was again provided the number of the employee

13 CareLine, which she never contacted. ld. ~~ 7-9.

14

Ms. Lowell contacted Ms. Hiatt later the same day and was informed Ms. Hiatt had

15 spoken to the other Labor Ready employees who were working at IFA on the day in question,

16 that IFA had interviewed its employees, and that the witnesses were unable to corroborate her

17 complaint of sex harassment alleging that she had been inappropriately touched (though one

18 employee did indicate that the IFA employee in question had paid more attention to Ms. Lowell

19 than to other workers). ld. ~~ 7-10 (and attached statements). Labor Ready never terminated

20 Ms. Lowell's employment. ld. ~ 11. Ms. Lowell never returned to the Longview office to seek

21 dispatch to another client.

22

Ms. Lowell subsequently filed EEOC charges against Labor Ready and IFA.

23 Covarrubias Declaration ~ 9. She alleged she was sexually harassed by the IFA employee and

24 that IFA and Labor Ready were therefore liable, and alleged that she was retaliated against by

25 Labor Ready by being terminated. ld.

26

27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 3

SEBRlS BUSTO JAMES
14205 SE 36" Street- Suite 325 Bellevue. Washington 98006 Telephone: (425) 4544233
Fax: (425) 453·9005

1

The EEOC conducted a perfunctory investigation in which it did not even interview Ms.

2 Hiatt, Labor Ready's branch manager who investigated the harassment and retyped Ms. Lowell's

3 statement. /d. ~ 10. Labor Ready does not know which other potential witnesses were

4 interviewed because the EEOC has stonewalled completely Labor Ready's Freedom of

5 Information Act Request by making a blanket denial for any part of the investigation file -- in

6 disregard ofits duty to produce non-exempt portions and a log of withheld documents. (Labor

7 Ready is pursuing its administrative appeal of the denial). Labor Ready anticipates seeking

8 summary dismissal of the instant case based on the EEOC's failure to fulfill its duty to

9 investigate and conciliate, and anticipates that IFA may have the same defense.

10

III. LEGAL AUTHORITY

11

FRCP 42(a) states:

12

When actions involving a common question oflaw or fact are pending

13

before the court, it may order a joint hearing or trial of any or all the

14

matters in issue in the actions; it may order all the actions consolidated;

15

and it may make such orders concerning proceedings therein as may tend

16

to avoid unnecessary costs or delay.

17

The district court has broad discretion under FRCP 42(a) to consolidate cases pending in

18 the same district. Investors Research Co. v. United States Dist. Ct. for Cent. Dist. ofCalifornia, 19 877 F.2d 777 (9th Cir. 1989). The single essential requirement is that the cases to be

20 consolidated have common questions of law or fact. Enterprise Bank v. Saettele, 21 F.3d 233, 21 235 (8th Cir. 1994). The Court's decision to consolidate cases will be upheld unless there has 22 been a clear abuse ofdiscretion. EPA v. City ofGreen Forest, Arkansas, 921 F.2d 1402 (8th Cir.

23 1990).

24

The rule is designed "to give the court broad discretion to decide how cases on its docket

25 are to be tried so that the business of the court may be dispatched with expedition and economy

26 while providing justice to the parties." Miller Brewing Co. v. Meal Co., 177 F.R.D. 642, 643-44

27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 4

SEBRIS BUSTO JAMES
14205 SE 36" Street- Suite 325 Bellevue. Washington 98006 Telephone: (425) 4544233
Fax: (425) 453-9005

1 (E.D. Wis. 1998). "The proper solution to the problems created by the existence of two or more

2 cases involving the same parties and issues simultaneously pending in the same court is to

3 consolidate them." Moore v. AT&T Commun., Inc., No. 85 Civ. 4028, 1990 U.S. Dist. LEXIS

4 17444 (S.D.N.Y. Dec. 21,1990).

5

In McCracken v. Grand Victoria Casino & Resort, No. 02-143-C BIH, 2002 U.S. Dist.

6 LEXIS 21977 (S.D. Ind. Nov. 8,2002), an employee filed two separate lawsuits against her

7 employer: the first action sounded in tort and the second action in contract. The employee's tort

8 claim was based on an alleged injury she had suffered during her employment, and her contract

9 claim was based on the employer's alleged failure to pay her the benefits she was due. The court

10 found that consolidation of the actions was warranted even though the cases were not precisely

11 duplicative, and despite the employee's different legal theories, because the two lawsuits arose

12 from the same set of facts.

13

A. Common Issues of Law and Fact Predominate. In this case and the IFA case, both

14 actions involve common questions offact and law. The complaints are virtually identical except

15 for the named defendant and the allegation of retaliation in the Labor Ready complaint. Both

16 lawsuits arise out of the same set of facts involving Ms. Lowell's employment at Labor Ready

17 and her alleged harassment when dispatched to IFA. The witnesses regarding the alleged

18 harassment are identical. Ms. Lowell's alleged damages arising from the claimed harassment are

19 the same. Discovery regarding her compensatory damages claim will involve the same treatment

20 provider(s), if any. Both Labor Ready and IFA will have the same factual defenses as to whether

21 any actionable harassment actually occurred. Both Defendants will likely have the same

22 defenses regarding the EEOC's compliance with its statutory obligation to adequately investigate

23 a charge and engage in conciliation in good faith. Both Defendants will likely have the same

24 mitigation defenses. Finally, the EEOC has requested a jury and virtually the same relief in each

25 case. Although the Labor Ready case contains an allegation of retaliation and the IFA case does

26 not, this difference is minor in light of the overwhelming commonality of issues of law and fact.

27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 5

SEBRlS BUSTO JAMES 14205 SE 36" Street- Suite 325
Bellevue, Washington 98006 Telephone: (425) 454-4233
Fax: (425) 453-9005

I

B. Maintaining Separate Suits Would Waste the Resources ofthe Court and the

2 Parties. As noted above, the EEOC has requested a jury trial in both cases. Trying the cases

3 separately would thus require two separate jury trials and needlessly occupy the time of the 4 Court. l Of course, numerous other redundancies would exist in the pre-trial proceedings.

5

Consolidation would result in a single case. Discovery would be more efficient because

6 all or nearly all of the witnesses are identical in each case, and thus would have to be deposed

7 only once. Any discovery disputes as to the EEOC's duty to produce its files, which appear

8 likely based on its FOIA response, will be the same for both Defendants. Because the factnal

9 and legal defenses of Labor Ready and IFA to the underlying harassment will at least largely be

10 the same, any appropriate motions on the issue can likely be brought together. In short,

11 consolidation is more efficient on all counts, including for the EEOC and thus for the U.S.

12 taxpayers.

13

C. Separate Actions Could Result in Inconsistent Results. The EEOC alleges in its

14 separate actions that both Labor Ready and IFA subjected Ms. Lowell to sexual harassment.

15 Any purported sexual harassment occurred while Ms. Lowell was on dispatch to IFA. Ifno

16 actionable harassment occurred, then neither Defendant could have liability. However, if the

17 cases are tried separately one jury could theoretically find that Ms. Lowell was not harassed, and

18 the other find that she was. Regardless of which Defendant was party to the case in which no

19 harassment was found, there would clearly be a miscarriage ofjustice. Consolidation removes

20 the risk of inconsistent outcomes, which would be unfair to the parties and unfortunate for the

21 justice system.

22

23 I The Court has already transferred the Labor Ready case from Judge Burgess to Judge Leighton,
24 to whom the IFA case was assigned. Labor Ready does not know if this transfer was at the
25 Court's initiative or if the EEOC belatedly gave notice of the related case. If the EEOC provided a belated notice, Labor Ready can only speculate as to how the notice was provided and as to the
26 EEOC's motives in doing so.
27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 6

SEBRIS BUSTO JAMES
14205 SE 36th Street - Suite 325 Bellevue, Washington 98006
Telephone: (425) 4544233 Fax: (425) 453·9005

1

D. Consolidation Eliminates the Risk of Double Recovery. Labor Ready denies that it

2 has any liability for damages, and asswnes that IFA also denies liability. However, if the cases

3 proceed separately and the EEOC establishes liability, there is every likelihood of duplicative

4 damages being awarded. The EEOC's prayer for relief in each complaint is identical, and in

5 each case the EEOC requests back pay, pecuniary and non-pecuniary relief. Given that the

6 alleged damages arise, at least in large part, from the identical allegation of harassment, the

7 damages awarded in separate cases would by definition be duplicative. This would result in an

8 unwarranted windfall to Ms. Lowell and unfairly penalize each Defendant, as the combined

9 liability would be greater than the damages found by either jury. Consolidation eliminates this

10 risk.

11

IV. CONCLUSION

12

Labor Ready can only speculate as to why the EEOC has elected to commence redundant

13 legal proceedings. Certainly considerations ofjudicial efficiency, litigation economy and basic

14 faimess were not its motivators, because all of these considerations warrant a single lawsuit. For

15 the foregoing reasons, Labor Ready respectfully requests that this Court grant its Motion to

16 Consolidate Actions. 17 DATED this 15th day of November, 2005.

18

19

SEBRIS BUSTO JAMES

20

IsIM. Edward Taylor

21

M. Edward Taylor, WSBA #16864 14205 SE 36th Street, Suite 325

22

Bellevue, WA 98006

Telephone: (425) 454-4233

23

Fax: (425) 453-9005

Attorneys for Defendant

24

etaylor@sebrisbusto.com

25

26

LABOR READY, INC. Lisa Lawrence

27

LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 7

SEBRlS BUSTO JAMES
14205 SE 361b Street - Suite 325 Bellevue, Washington 98006 Telephone: (425) 454-4233
Fax: (425) 453·9005

1

P.O. Box 2910.

Tacoma, WA 98401

2

Telephone: (800) 610-8920

Fax: (253) 382-2511

3

Attorney for Defendant

4

LLawrence@laborready.com

5

6

7

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LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 8

SEBRlS BUSTO JAMES
14205 SE 361h Street- Suite 325 Bellevue, Washington 98006
Telephone: (425) 4544233 Fax: (425) 453·9005

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CERTIFICATE OF SERVICE

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3

I, M. Edward Taylor, certify under penalty ofpeljury under the laws of the United States

4 that, on November 15, 2005, I served, Defendant Labor Ready, Inc.'s Motion to Consolidate to

5 the party listed below in the manner shown:

6

7 A. Luis Lucero, Regional Attorney

Kathryn Olson, Supervisory Attorney 8 Teri Healy, Senior Trial Attorney

9

Equal Employment Opportunity Commission 909 First Avenue, Suite 400

10 Seattle, Washington 98104 Luis.Lucero@eeoc.gov

11 Kathrvn.Olson@eeoc.gov

Teri.HealY@eeoc.gov 12

[ 1 By United States Mail [ 1 By Legal Messenger [ 1 By Facsimile [ 1 By Overnight Fed Ex Delivery
[Xl Via CMlECF System

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IsIM. Edward Taylor

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M. Edward Taylor, WSBA #16864

Sebris Busto James

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14205 SE 36th Street, Suite 325

Bellevue, Washington 98006

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Telephone: (425) 454-4233

Fax: (425) 453-9005

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etaylor@sebrisbusto.com

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LABOR READY'S MOTION TO CONSOLIDATE - C05-5671RBL - Page 9

SEBRlS BUSTO JAMES
14205 SE 36111 Street - Suite 325 Bellevue, Washington 98006 Telephone: (425) 454-4233
Fax: (425) 453-9005

 
 1

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THE HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON AT TACOMA

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

11 Plaintiff,
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13

vs.

Case No. C05-5671RBL
STIPULATED MOTION TO CONSOLIDATE CASES AND ORDER

14 LABOR READY, INC.,

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Defendant.

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

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Plaintiff,
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vs.

20 IFA NURSERIES, INC.

NOTICE OF RELATED CASE FILING:
Case No. C05-5641 RBL
Note on Motion Calendar: November 28, 2005

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Defendant.

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The parties to the above-captioned actions, through their undersigned counsel, hereby

24 stipulate to the consolidation for all purposes of the above-captioned actions. Donald Potter,

25 counsel for proposed intervenor Janice Lowell, has granted counsel for the EEOC authorization

26 to inform the Court that he does not oppose consolidation of the cases. The parties therefore

27 move that the Court exercise its authority under FRCP 41 and order the cases consolidated for all

STIPULATED MOTION TO CONSOLIDATE CASES – C05-5671RBL – Page 1

SEBRIS BUSTO JAMES 14205 SE 36th Street – Suite 325
Bellevue, Washington 98006 Telephone: (425) 454-4233
Fax: (425) 453-9005

1

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purposes. A proposed order follows. Defendant Labor Ready will file separately a notice to
3
strike its pending Motion to Consolidate from the Court’s calendar.
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DATED this 28th day of November, 2005.
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EQUAL EMPLOYMENT

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OPPORTUNITY COMMISSION
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SEBRIS BUSTO JAMES

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/s/Teri Healy

/s/M. Edward Taylor

11

A. Luis Lucero, Regional Attorney Kathryn Olson, Supervisory Attorney

M. Edward Taylor, WSBA #16864 14205 SE 36th Street, Suite 325

12

Teri Healy, Senior Trial Attorney 909 First Avenue, Suite 400

Bellevue, WA 98006 Telephone: (425) 454-4233

13

Seattle, Washington 98104

Fax: (425) 453-9005

14

Telephone: (206) 220-6895 Fax: (206) 220-6911

Attorneys for Defendant Labor Ready, Inc.
etaylor@sebrisbusto.com

15

Attorneys for Plaintiff
Luis.Lucero@eeoc.gov

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Kathryn.Olson@eeoc.gov

17

Teri.Healy@eeoc.gov

LABOR READY, INC. Lisa Lawrence
P.O. Box 2910 Tacoma, WA 98401

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Telephone: (800) 610-8920

Fax: (253) 382-2511

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LLawrence@laborready.com

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WINTERBAUER & DIAMOND

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/s/Kenneth J. Diamond

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Kenneth J. Diamond

1200 5TH AVE STE 1910

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Seattle, Washington 98101-3135

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Telephone: (206) 676-8440 Fax: (206) 676-8441

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Attorney for Defendant IFA Nurseries

ken@winterbauer.com

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STIPULATED MOTION TO CONSOLIDATE CASES – C05-5671RBL – Page 2

SEBRIS BUSTO JAMES 14205 SE 36th Street – Suite 325
Bellevue, Washington 98006
Telephone: (425) 454-4233
Fax: (425) 453-9005

1

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3

ORDER

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The Court hereby Orders:

5

It is hereby ORDERED, ADJUDGED and DECREED that Equal Employment

6 Opportunity Commission v. Labor Ready, Inc., Case No. C05-5671 RBL and Equal

7 Employment Opportunity v. IFA Nurseries, Inc., Case No. CV05-5641 RBL are consolidated

8 for all purposes.

9 10 DATED this 1st day of December, 2005.

11 12

A

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RONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION TO CONSOLIDATE CASES – C05-5671RBL – Page 3

SEBRIS BUSTO JAMES
14205 SE 36th Street – Suite 325 Bellevue, Washington 98006 Telephone: (425) 454-4233 Fax: (425) 453-9005

 
 CLOSED, CONSOL, JURYDEMAND, PROTO
U.S. District Court United States District Court for the Western District of Washington (Tacoma)
CIVIL DOCKET FOR CASE #: 3:05−cv−05671−RBL

Equal Employment Opportunity Commission v. Labor Ready Inc Assigned to: Judge Ronald B. Leighton Member case: (View Member Case) Cause: 42:2000 Job Discrimination (Sex)
Plaintiff

Date Filed: 10/12/2005 Date Terminated: 07/06/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government 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

Kathryn Blaire Olson EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104−1061 206−220−6883 Email: kathryn.olson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teri L Healy EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104−1061 206−220−6883 Fax: FAX 220−6911 Email: teri.healy@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Intervenor Plaintiff
Janice Lowell TERMINATED: 07/06/2006

represented by Donald Brian Potter 522 SW FIFTH AVE STE 1110 PORTLAND, OR 97204−2128 503−223−2612 Fax: 503−595−1625 Email: donbpotter@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Labor Ready Inc
Defendant IFA Nurseries Inc
Defendant Labor Ready Northwest Inc

represented by Lisa Lawrence Labor Ready 1015 A Street Tacoma, WA 98402 253−680−8479 Fax: 253−382−2511 Email: llawrence@laborready.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
M Edward Taylor SEBRIS BUSTO JAMES 14205 SE 36TH ST STE 325 BELLEVUE, WA 98006 425−454−4233 Fax: FAX 425−453−9005 Email: etaylor@sebrisbusto.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kenneth J Diamond WINTERBAUER &DIAMOND 1200 FIFTH AVE STE 1910 SEATTLE, WA 98101 206−676−8440 Fax: FAX 676−8441 Email: mail@winterbauerdiamond.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Scott Talmage Cliff AMBURGEY &RUBIN 1750 SW HARBOR WY STE 450 PORTLAND, OR 97201−0104 503−221−0309 Email: scliff@amburgeyrubin.com ATTORNEY TO BE NOTICED
represented by M Edward Taylor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/12/2005
10/13/2005

# Docket Text
1 COMPLAINT against Defendant Labor Ready Inc (Summons(es) issued) (Receipt # − NONE, fee waived per exemption for Federal Agency) , filed by Equal Employment Opportunity Commission. (Attachment: # 1 Civil Cover Sheet)(KAM, ) (Entered: 10/13/2005)
2 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If consent, return the executed form by 12/12/2005. Please Note: Consents must not be electronically filed with the Court. (Attachments: # 1 Consent

10/13/2005
10/13/2005 10/13/2005 10/24/2005
11/01/2005 11/02/2005
11/09/2005
11/14/2005 11/15/2005
11/15/2005 11/15/2005 11/17/2005 11/17/2005
11/18/2005 11/28/2005 11/28/2005 11/28/2005 11/28/2005 11/28/2005 11/29/2005

Form) (KAM, ) (Entered: 10/13/2005)
3 MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 1/11/2006; by Judge J. Kelley Arnold. (KAM, ) (Entered: 10/13/2005)
4 MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge J. Kelley Arnold. (KAM, ) (Entered: 10/13/2005)
Joint Status Report NOTED on motion calendar; Noting Date 1/11/2006. (KAM, ) (Entered: 10/13/2005)
5 DECLARATION OF SERVICE of summons and complaint by Plaintiff Equal Employment Opportunity Commission on 10/18/05 at 12:00 PM, upon Labor Ready Inc. (KAM, ) (Entered: 10/31/2005)
6 NOTICE of Appearance by attorney M Edward Taylor on behalf of Defendant Labor Ready Inc (Taylor, M) (Entered: 11/01/2005)
7 MINUTE ORDER REASSIGNING CASE. This action has been reassigned to Judge Franklin D Burgess. All future documents filed in this case must bear the cause number C05−5671FDB and bear the Judge's name in the upper right hand corner of the document. Please make the necessary corrections to your records reflecting this change by Judge J. Kelley Arnold. (KAM, ) (Entered: 11/02/2005)
8 ORDER REASSIGNING CASE. Case reassigned to Judge Ronald B. Leighton for all further proceedings as related to CV05−5641RBL. All future documents filed in this case shall bear the cause number CV05−5671RBL. Judge Franklin D. Burgess no longer assigned to case.(RM, ) (Entered: 11/09/2005)
9 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1. (Taylor, M) (Entered: 11/14/2005)
10 MOTION to Consolidate Cases by Defendant Labor Ready Inc. Noting Date 12/2/2005. (Attachments: # 1 Proposed Order Granting Labor Ready's Motion to Consolidate)(Taylor, M) (Entered: 11/15/2005)
11 DECLARATION of Danielle Covarrubias filed by Defendant Labor Ready Inc re 10 MOTION to Consolidate Cases (Taylor, M) (Entered: 11/15/2005)
12 DECLARATION of Teresa Hiatt filed by Defendant Labor Ready Inc re 10 MOTION to Consolidate Cases (Taylor, M) (Entered: 11/15/2005)
13 MOTION to Intervene. Noting Date 12/2/2005. (Attachments: # 1 Proposed Order)(Potter, Donald) (Entered: 11/17/2005)
14 DECLARATION of Donald B. Potter filed by Intervenor Plaintiff Janice Lowell re 13 MOTION to Intervene (Attachments: # 1 Exhibit # 2 Certificate of Service)(Potter, Donald) (Entered: 11/17/2005)
15 ANSWER to Complaint by Labor Ready Inc.(Taylor, M) (Entered: 11/18/2005)
16 STIPULATION AND PROPOSED ORDER to Consolidate Cases by parties. (Taylor, M) (Entered: 11/28/2005)
17 RESPONSE, by Defendant Labor Ready Inc, to 13 MOTION to Intervene. (Taylor, M) (Entered: 11/28/2005)
18 DECLARATION of M. Edward Taylor filed by Defendant Labor Ready Inc re 13 MOTION to Intervene (Taylor, M) (Entered: 11/28/2005)
19 DECLARATION of Danielle Covarrubias filed by Defendant Labor Ready Inc re 13 MOTION to Intervene (Taylor, M) (Entered: 11/28/2005)
20 DECLARATION of Teresa Hiatt filed by Defendant Labor Ready Inc re 13 MOTION to Intervene (Taylor, M) (Entered: 11/28/2005)
21 NOTICE by Defendant Labor Ready Inc re 10 MOTION to Consolidate Cases to Strike from Motion Calendar (Taylor, M) (Entered: 11/29/2005)

11/29/2005 11/29/2005
12/01/2005
12/02/2005
12/02/2005 12/05/2005 12/15/2005
12/15/2005
12/15/2005 12/15/2005
12/20/2005 12/22/2005 12/23/2005 12/29/2005 01/04/2006 01/04/2006 01/04/2006 02/02/2006
02/10/2006 02/13/2006

22 CERTIFICATE OF SERVICE by Defendant Labor Ready Inc re 21 Notice−Other. (Taylor, M) (Entered: 11/29/2005)
23 CERTIFICATE OF SERVICE by Defendant Labor Ready Inc re 19 Declaration, 17 Response to Motion, 18 Declaration, 16 Stipulation, 20 Declaration. (Taylor, M) (Entered: 11/29/2005)
24 ORDER GRANTING Stipulated Motion to Consolidate 21 . Case No. C05−5641RBL is now consolidated under this case and all future pleadings shall be filed under this case No. C05−5671RBL. Signed by Judge Ronald B. Leighton. (DN, ) (Entered: 12/01/2005)
25 REPLY, filed by Intervenor Plaintiff Janice Lowell, TO RESPONSE to 13 MOTION to Intervene (Attachments: # 1 Declaration of Teri Healy# 2 Certificate of Service)(Potter, Donald) (Entered: 12/02/2005)
26 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 13 MOTION to Intervene (Healy, Teri) (Entered: 12/02/2005)
27 ORDER granting 13 Janice Lowell's Motion to Intervene, signed by Judge Ronald B. Leighton.(DN, ) (Entered: 12/05/2005)
28 Intervenor COMPLAINT FOR DAMAGES AGAINST DEFENDANT IFA with JURY DEMAND, filed by Janice Lowell. (Attachments: # 1 Certificate of Service)(Potter, Donald) (Entered: 12/15/2005)
29 Intervenor COMPLAINT FOR DAMAGES AGAINST LABOR READY, INC. with JURY DEMAND, filed by Janice Lowell. (Attachments: # 1 Certificate of Service)(Potter, Donald) (Entered: 12/15/2005)
NOTICE of Docket Text Modification re 28 Intervenor Complaint: Error in filing; to be refiled as dkt 30 . (DM, ) (Entered: 12/15/2005)
30 Intervenor COMPLAINT FOR DAMAGES AGAINST IFA NURSERIES, INC. with JURY DEMAND, filed by Janice Lowell. (Attachments: # 1 Certificate of Service)(Potter, Donald) (Entered: 12/15/2005)
Set/Reset Deadlines: Due to consolidation and at request of counsel, the Joint Status Report in this case is now due by 1/3/2006. (DN, ) (Entered: 12/20/2005)
Set/Reset Deadlines: Previous JSR date of 1/3/06 is incorrect; Joint Status Report due by 1/11/2006. (DN, ) (Entered: 12/22/2005)
31 ANSWER to Intervenor Complaint by IFA Nurseries Inc.(Diamond, Kenneth) (Entered: 12/23/2005)
32 NOTICE of Appearance by attorney Scott Talmage Cliff on behalf of Defendant IFA Nurseries Inc (Cliff, Scott) (Entered: 12/29/2005)
33 ANSWER to Intervenor Complaint by Labor Ready Inc.(Taylor, M) (Entered: 01/04/2006)
34 ANSWER to Intervenor Complaint by IFA Nurseries Inc.(Diamond, Kenneth) (Entered: 01/04/2006)
35 JOINT STATUS REPORT AND DISCOVERY PLAN filed by all parties. Est. Trial Days: 8−10. (Healy, Teri) (Entered: 01/04/2006)
36 MOTION for Protective Order by Intervenor Plaintiff Janice Lowell. Noting Date 2/17/2006. (Attachments: # 1 Exhibit # 2 Certificate of Service # 3 Proposed Order)(Potter, Donald) (Entered: 02/02/2006)
37 NOTICE of Unavailability of counsel M Edward Taylor for Defendant Labor Ready Inc from 2/20/2006 to 2/24/2006 (Taylor, M) (Entered: 02/10/2006)
38 WITHDRAWAL of Motion by Intervenor Plaintiff Janice Lowell re 36 MOTION for Protective Order filed by Janice Lowell, (Attachments: # 1 Certificate of Service)(Potter, Donald) (Entered: 02/13/2006)

02/21/2006
03/09/2006 03/09/2006
03/09/2006 03/20/2006 03/20/2006 03/20/2006 03/20/2006 03/22/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 03/24/2006 04/10/2006

39 MINUTE ORDER SETTING TRIAL, PRETRIAL DATES AND ORDERING MEDIATION; Length of Trial: *8−10 DAYS*. Jury Trial is set for 1/22/2007 at 09:00 AM in B Courtroom before Hon. Ronald B. Leighton. Joinder of Parties due by 3/23/2006; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/26/2006; Motions due by 9/5/2006; Discovery completed by 9/25/2006; Dispositive motions due by 10/24/2006; Settlement conference to be held by 11/24/2006; 39.1 mediation to be completed by 12/26/2006; 39.1 Settlement Report due by 1/2/2007; Motions in Limine due by 12/26/2006; Pretrial Order due by 1/5/2007; Pretrial Conference set for 1/12/2007 at 08:30 AM in B Courtroom before Hon. Ronald B. Leighton. Trial briefs to be submitted by 1/10/2007; Proposed voir dire/jury instructions due by 1/10/2007; s/Jean Boring as authorized by Judge Ronald B. Leighton. (JAB, ) (Entered: 02/21/2006)
40 MOTION for Protective Order Pursuant to 26(c) by Plaintiff Equal Employment Opportunity Commission. Noting Date 3/24/2006. (Attachments: # 1 Proposed Order)(Healy, Teri) (Entered: 03/09/2006)
41 DECLARATION of Teri Healy filed by Plaintiff Equal Employment Opportunity Commission re 40 MOTION for Protective Order Pursuant to 26(c) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L)(Healy, Teri) (Entered: 03/09/2006)
42 DECLARATION of Valarie Johnson filed by Plaintiff Equal Employment Opportunity Commission re 40 MOTION for Protective Order Pursuant to 26(c) (Healy, Teri) (Entered: 03/09/2006)
43 RESPONSE, by Defendants IFA Nurseries Inc, Labor Ready Inc, to 40 MOTION for Protective Order Pursuant to 26(c). (Taylor, M) (Entered: 03/20/2006)
44 DECLARATION of Danielle Covarrubias filed by Defendants IFA Nurseries Inc, Labor Ready Inc re 40 MOTION for Protective Order Pursuant to 26(c) (Taylor, M) (Entered: 03/20/2006)
45 DECLARATION of Teresa Hiatt filed by Defendants IFA Nurseries Inc, Labor Ready Inc re 40 MOTION for Protective Order Pursuant to 26(c) (Taylor, M) (Entered: 03/20/2006)
46 DECLARATION of M. Edward Taylor filed by Defendant Labor Ready Inc re 40 MOTION for Protective Order Pursuant to 26(c) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Taylor, M) (Entered: 03/20/2006)
47 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Mark Swanson, Underground Specialties, Inc served on 3/17/06. (PL, ) (Entered: 03/24/2006)
48 STIPULATION AND PROPOSED ORDER to Add Labor Ready Northwest, Inc. as a necessary party by parties. (Attachments: # 1 Proposed Order)(Healy, Teri) (Entered: 03/24/2006)
49 AMENDED COMPLAINT against defendant(s) Equal Employment Opportunity Commission with JURY DEMAND, filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Healy, Teri) (Entered: 03/24/2006)
50 REPLY, filed by Plaintiff Equal Employment Opportunity Commission, TO RESPONSE to 40 MOTION for Protective Order Pursuant to 26(c) (Healy, Teri) (Entered: 03/24/2006)
51 DECLARATION of Kathryn Olson filed by Plaintiff Equal Employment Opportunity Commission re 40 MOTION for Protective Order Pursuant to 26(c) (Healy, Teri) (Entered: 03/24/2006)
52 Second DECLARATION of Teri Healy filed by Plaintiff Equal Employment Opportunity Commission re 40 MOTION for Protective Order Pursuant to 26(c) (Attachments: # 1 Exhibit M# 2 Exhibit N# 3 Exhibit O# 4 Exhibit P# 5 Exhibit Q# 6 Exhibit R# 7 Exhibit S# 8 Exhibit T)(Healy, Teri) (Entered: 03/24/2006)
53 ORDER on STIPULATION 48 to add Labor Ready Northwest Inc. as a defendant in this matter. Labor Ready Northwest Inc has been added as a party defendant. Signed by Judge Ronald B. Leighton. (DN, ) (Entered: 04/11/2006)

04/13/2006 04/20/2006 04/21/2006 04/21/2006 04/25/2006 05/22/2006 06/21/2006 06/22/2006 07/05/2006 07/06/2006

54 ORDER granting in part and denying in part 40 Motion for Protective Order; granting the defendant permission to depose the EEOC investigator subject to limitations set forth in this Order, signed by Judge Ronald B. Leighton.(DN, ) (Entered: 04/13/2006)
55 NOTICE of Unavailability of counsel Teri L Healy for Plaintiff Equal Employment Opportunity Commission from 04/21/2006 to 05/14/2006 (Healy, Teri) (Entered: 04/20/2006)
56 ANSWER to Amended Complaint by Labor Ready Inc.(Taylor, M) (Entered: 04/21/2006)
57 ANSWER to Amended Complaint of Janice Lowell by Labor Ready Inc.(Taylor, M) (Entered: 04/21/2006)
58 ANSWER to Amended Complaint of Intervenor Janice Lowell by IFA Nurseries Inc.(Cliff, Scott) (Entered: 04/25/2006)
59 AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Teresa Hiatt − EEOC served on 5/16/06. (PL, ) (Entered: 05/23/2006)
60 STIPULATION AND PROPOSED ORDER PROPOSED SETTLEMENT AGREEMENT AND ORDER DISMISSING ACTION by parties. (Attachments: # 1 Certificate of Service)(Healy, Teri) (Entered: 06/21/2006)
61 ORDER on Settlement Agreement and ORDER DISMISSING ACTION 60 dismissing this matter with prejudice and without costs or attorneys' fees, signed by Judge Ronald B. Leighton. (DN, ) (Entered: 06/23/2006)
62 STIPULATION AND PROPOSED ORDER of Dismissal by parties. (Taylor, M) (Entered: 07/05/2006)
63 ORDER on STIPULATION re 62 DISMISSING the claims of Intervenor Plaintiff Janice Lowell with prejudice and without costs or fees to any party, signed by Judge Ronald B. Leighton. (DN, ) (Entered: 07/06/2006)