IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

FILED ZC31 J ' ' h\u-->L

Bernard Woodruff, Plaintiff,

J ! /,. ..■ Ji">.Ai Yi!\gI.i:<-\
Civil Action No.

DTI Associates, Inc., Defendant.

COMPLAINT
Plaintiff, Bernard Woodruff ("Woodruff), by the undersigned attorneys, makes the

following averments:

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").

JURISDICTION 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 proper in this district under 38 U.S.C. § 4323(c)(2) and 28 U.S.C. § 1391(b). Defendant, DTI Associates, Inc. ("DTI"), maintains its headquarters at 2920 South Glebe Road, Arlington, Virginia, 22206, within this judicial district.

PARTIES

4.

Woodruff resides at 1660 Yorktown Court, Crofton, Maryland 21114.

5.

Based in Arlington, Virginia, DTI is a wholly-owned subsidiary of Haverstick

Consulting, Inc. and provides certified engineering, technology, and professional services as a

contractor to government customers, including the Departments of Labor, Education and

Agriculture, the U.S. Navy, NASA and the Small Business Administration.

ri.AIM FOR RELIEF

6.

On October 1,2001, Woodruff began working for DTI. He worked as a Senior

Analyst on DTI's Common Command & Decision Navy ("CCDN") project.

7.

While working for DTI, Woodruff also served in the Navy Reserves.

8.

On January 22,2002, the Navy told Woodruff that he was being mobilized in

support of Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom.

9.

That same day, Woodruff informed his direct supervisor at DTI, John Baker, of

his mobilization.
10. On January 23, 2002, Woodruff reported for active duty in Annapolis, Maryland. 11. The Navy released Woodruff from active duty on July 21,2003. 12. On August 7,2003, Woodruff sent a facsimile to DTI to request reemployment. 13. On August 17,2003, Woodruff contacted Dave Carter, DTI's Director of Military

Services, to again request reemployment. 14. Carter set up a September 15,2003 meeting between Woodruff and Baker to

discuss Woodruffs reemployment.
15. At the September 15, 2003 meeting, DTI informed Woodruff that it did no have any available position in which to re-employ him.

16. On September 30,2003, Woodruff filed a claim with the Veterans Employment and Training Service Office of the U.S. Department of Labor.
17. On October 9, 2003, DTI sent Woodruff a letter discharging him from
employment with DTI.
18. As a result of DTI's failure to re-employ and discharge of Woodruff, he has suffered substantial loss of earnings and other benefits.
19. On information and belief, at the time, DTI had an outstanding performance record, consistent and predictable financial results year-over-year, a loyal client base, multiple contract vehicles, a strong Washington presence, and over 350 highly energized associates.
20. In January 2004, DTI became a wholly-owned subsidiary of Haverstick Consulting, Inc. At the time of the acquisition, Haverstick projected its 2004 revenues to reach
$100 million.
21. In January 2006, the United States Navy awarded DTI a new, five-year, $49
million contract.
PRAYER FOR RELIEF
WHEREFORE, Woodruff prays that the Court enter judgment against DTI as follows: 22. Declare that DTI's refusal to reemploy Woodruff was unlawful and in violation of
USERRA;
23. Declare that DTI's discharge of Woodruff on October 15, 2003 was unlawful and
in violation of USERRA; 24. Require that DTI fully comply with the provisions of USERRA by offering to
reemploy Woodruff in a position of like pay, status and benefits as the position he would have been entitled to if he had not been called away on military service;

25. Require that DTI fully comply with the provisions of USERRA by paying Woodruff all amounts due to him for his loss of wages and any lost benefits caused by DTI's failure or refusal to comply with the provisions of this law;

26. Enjoin DTI from taking any action against Woodruff that fails to comply with the
provisions of USERRA;

27.
and

Award Woodruff prejudgment interest on the amount of lost wages found due;

28. Grant such other and further relief as may be just and proper.

Respectfully submitted,
WAN J. KIM Assistant Attorney General Civil Rights Division

By:

^f^y

. WOODARD, Deputy Chief*

JEFFREY G. MORRISON, Trial Attorney*

U.S. Department of Justice

Civil Rights Division

Employment Litigation Section

950 Pennsylvania Avenue, NW

Patrick Henry Building, Room 4613

Washington, DC 20530

Telephone: (202)353-1845

Facsimile: (202) 353-8961

jeffrey.morrison@usdoj .gov

CHUCK ROSENBERG United States Attorney Eastern District of Virginia

By: KEWNJ. MIKOLASHEK Assistant United States Attorney United States Attorney's Office, Eastern District of Virginia Justin W. Williams United States Attorney's Building 2100 Jamieson Avenue Alexandria, Virginia 22314 Telephone: (703) 299-3809 Facsimile: (703) 299-3983 kevin.mikolashek(a),usdoj. gov
Attorneys for PlaintiffBernard Woodruff

*Pro hac vice application pending

CERTIFICATR OF SERVICE
I hereby certify that today I served the foregoing Complaint on the counsel of the
defendant via U.S. first-class mail, postage prepaid, to the following address:
Daniel E. Johnson, Esq. McKenna Long & Aldridge 1900 K Street, N.W. Washington, DC 20006
Dated this 7th day of August, 2007
f J. MIKOLASHEK Assistant United States Attorney
United States Attorney's Office, Eastern District of Virginia Justin W. Williams United States Attorney's Building
2100 Jamieson Avenue Alexandria, Virginia 22314 Telephone: (703) 299-3809 Facsimile: (703) 299-3983 kevin.mikolashek@usdoj.gov

 
 U.S. District Court Eastern District of Virginia (Alexandria) CIVIL DOCKET FOR CASE #: 1:07-cv-00774-TSE-TRJ

Woodruff v. DTI Associates, Inc. Assigned to: District Judge T. S. Ellis, III Referred to: Magistrate Judge Thomas Rawles Jones, Jr Cause: 38:4301Right to Re-employment of Inducted Persons

Date Filed: 08/07/2007 Date Terminated: 10/11/2007 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Bernard Woodruff

represented by Kevin J. Mikolashek United States Attorney's Office 2100 Jamieson Ave Alexandria, VA 22314 **NA** (703) 299-3700 Email: kevin.mikolashek@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant DTI Associates, Inc.

Date Filed 08/07/2007
08/07/2007 08/08/2007 08/08/2007 10/11/2007 10/11/2007

#

Docket Text

1 COMPLAINT against DTI Associates, Inc., filed by Bernard Woodruff. (Attachments: # 1 Civil Cover Sheet)(nmck, ) (Entered: 08/07/2007)

NOTICE of lawsuit and request for waiver of service as to deft. (nmck, ) (Entered: 08/07/2007)

2 ORDER for Pro hac vice of Karen Donnella Woodard. Signed by Judge T. S. Ellis III on 8/8/07. (nmck, ) (Entered: 08/08/2007)

3 ORDER for Pro hac vice of Jeffrey Gene Morrison. Signed by Judge T. S. Ellis III on 8/8/07. (nmck, ) (Entered: 08/08/2007)

4 NOTICE of Voluntary Dismissal with Prejudice by Bernard Woodruff (Mikolashek, Kevin) (Entered: 10/11/2007)

5 So Ordered re 4 Notice of Voluntary Dismissal with prejudice and without costs filed by Bernard Woodruff. Signed by Judge T. S. Ellis

III on 10/11/07. (nmck, ) (Entered: 10/11/2007)