A. LUIS LUCERO, JR., REGIONAL ATTORNEY 1 JOHN STANLEY, ACTING, SUPERVISORY TRIAL ATTORNEY 2 WESLEY KATAHIRA, SENIOR TRIAL ATTORNEY
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 3 909 FIRST AVENUE, SUITE 400
SEATTLE, WA 98104 4 TEL: (206) 220-6918
FAX: (206) 220-6911 5 Wesley.Katahira@eeoc.gov
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IN THE UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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12 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

CIVIL ACTION NO.

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Plaintiff,

COMPLAINT

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v.

JURY TRIAL DEMAND

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FEDERAL EXPRESS CORPORATION,
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Defendant.
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NATURE OF THE ACTION

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

22 Rights Act of 1991 to correct unlawful employment practices on the basis of sex, and to provide
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appropriate relief to Catherine E. Buckley, who was adversely affected by such practices. The
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Equal Employment Opportunity Commission alleges that Federal Express Corporation denied
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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

Ms. Buckley’s request to transfer to a ramp agent position because of her sex, female. Plaintiff
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2 seeks monetary relief, including pecuniary and nonpecuniary compensatory and punitive 3 damages and injunctive relief, on behalf of Ms. Buckley.

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JURISDICTION AND VENUE

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

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1343 and 1345. This action is authorized and instituted pursuant to sections 706(f)(1) and (3) of
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Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. sections 2000e-5(f)(1) and (3)
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("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. §1981a.
9

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

11 jurisdiction of the United States District Court for the Western District of Washington at Seattle.

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PARTIES

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

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the agency of the United States of America charged with the administration, interpretation and
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enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) of
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17 Title VII, 42 U.S.C. §2000e-5(f)(1).

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4. At all relevant times, defendant Federal Express Corp. (“FedEx”) has been a

19 corporation continuously doing business in the State of Washington and has continuously had at

20 least 15 employees.
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5. At all relevant times, defendant FedEx has continuously been an employer
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engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of
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Title VII, 42 U.S.C. §§2000e-(b), (g) and (h).
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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

1

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STATEMENT OF CLAIMS

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

4 charge with the Commission alleging violations of Title VII by defendant. All conditions
5 precedent to the institution of this lawsuit have been fulfilled.
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7. In approximately September 2003, FedEx engaged in unlawful employment
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practices on the basis of sex by denying Ms. Buckley’s request to transfer from a courier position
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based in Port Orchard, Washington to a ramp agent position based at the Seattle-Tacoma
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10 International Airport in violation of §§ 703(a) of Title VII, 42 U.S.C. §§ 2000e-2(a).

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

12 deprive Ms. Buckley of equal employment opportunities.

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

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intentional.
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10. The unlawful employment practices complained of in paragraph 7 above were
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17 done with malice or with reckless indifference to Ms. Buckley’s federally protected rights.

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PRAYER FOR RELIEF

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Wherefore, the Commission respectfully requests that this Court:

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

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assigns, and all persons in active concert or participation with it, from engaging in any
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employment practices which discriminate on the basis of sex.
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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
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2 provide equal employment opportunities for all employees, and which eradicate the effects of its 3 past and present unlawful employment practices.

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C. Order defendant to make whole Ms. Buckley by providing affirmative relief

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

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D. Order defendant to make whole Ms. Buckley by providing appropriate back pay
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and front pay, with prejudgment interest, resulting from the unlawful practices described in
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paragraph 7 above.
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E. Order defendant to make whole Ms. Buckley by providing compensation for past

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

12 paragraph 7 above, including past and future out-of-pocket expenses, in amounts to be
13 determined at trial.
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F. Order defendant to make whole Ms. Buckley by providing compensation for past
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and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph
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17 7 above, including without limitation emotional pain, suffering, and loss of enjoyment of life, in
18 amounts to be determined at trial.

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G. Order defendant to pay Ms. Buckley punitive damages for its malicious and

20 reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
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H. Grant such further relief as the Court deems necessary and proper in the public
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interest.
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I. Award the Commission its costs of this action.
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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

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JURY TRIAL DEMAND

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

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DATED this 30th day of September, 2005.
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8 A. LUIS LUCERO, JR. 9 Regional Attorney

Deputy

JAMES L. LEE General Counsel

10 JOHN F. STANLEY

GW

Acting Supervisory Trial Attorney
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ENDOLYN Y. REAMS

Associate

General Counsel

12 WESLEY KATAHIRA Senior Trial Attorney

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BY: /s/

_________

14 EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION 15 Seattle District Office

16 909 First Avenue, Suite 400 Seattle, Washington 98104

17 Telephone (206) 220-6918

Facsimile (206) 220-6912

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

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Attorneys for Plaintiff

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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

 
 The Honorable John C. Coughenour
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IN THE UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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10 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
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Plaintiff,
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vs.
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FEDERAL EXPRESS CORPORATION, a Delaware corporation,

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Defendant.
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Case No. CV5-1677C
STIPULATION OF DISMISSAL WITH PREJUDICE UNDER RULE 41

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As indicated by the signatures of counsel

for the parties below, Plaintiff Equal

18 Employment Opportunity Commission (“Plaintiff”) and Defe ndant Federal Express Corporation
19 do hereby stipulate that Plaintiff’ s claims shall be dism issed in their entirety with prejud ice
20 pursuant to Rule 41(a)( 1) of the Federal Rules of Civil Procedure. Eac h party will bear its own
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costs and attorneys’ fees.
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Dated this 3rd day of January, 2007.
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STIPULATION OF DISMISSAL WITH PREJUDICE UNDER RULE 41

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FEDERAL EXPRESS CORPORATION 3620 HACKS CROSS ROAD BUILDING B, 2ND FLOOR MEMPHIS, TN 38125 (901) 434-8562 TELEPHONE (901) 434-4523 FACSIMILE

Respectfully submitted,
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2 FEDERAL EXPRESS CORPORATION

3 By:
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/s/ Barak J. Babcock Barak J. Babcock (Admitted Pro Hace Vice) Richard S. McConnell (Admitted Pro Hace Vice) 3620 Hacks Cross Road Building B, Third Floor Memphis, TN 38125 TEL: (901) 434-8562

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and

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Thomas A. Lemly, Esq., WSBA #05433 DAVIS WRIGHT TREMAINE

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2600 Century Square

1501 Fourth Avenue

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Seattle, WA 98101-1688

TEL: (206) 622-3150

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ATTORNEYS FOR DEFENDANT
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13 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

14 By:
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/s/ Kathryn Olson William R. Tamayo Regional Attorney Equal Employment Opportunity Commission San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105-1260

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Kathryn Olson, Supervisory Trial Attorney

Equal Employment Opportunity Commission

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Seattle Field Office

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909 First Avenue, Suite 400 Seattle, Washington 98104-1061

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TEL: (206) 220-6895

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ATTORNEYS FOR PLAINTIFF
23 622607

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STIPULATION OF DISMISSAL WITH PREJUDICE UNDER RULE 41

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FEDERAL EXPRESS CORPORATION 3620 HACKS CROSS ROAD BUILDING B, 2ND FLOOR MEMPHIS, TN 38125 (901) 434-8562 TELEPHONE (901) 434-4523 FACSIMILE

 
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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-01677-JCC

Equal Employment Opportunity Commission v. Federal Express Corporation Assigned to: John C Coughenour Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 10/04/2005 Date Terminated: 01/03/2007 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

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

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

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 TERMINATED: 12/07/2006

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Molly P Kucuk US EQUAL OPPORTUNITY COMMISSION 909 1ST AVE STE 400 SEATTLE, WA 98104 206-220-6892 Email: molly.kucuk@eeoc.gov ATTORNEY TO BE NOTICED
Wesley Katahira EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEATTLE DISTRICT OFFICE 909 FIRST AVE STE 400 SEATTLE, WA 98104-1061 206-220-6883 Fax: 206-220-6851 Email: wesley.katahira@eeoc.gov TERMINATED: 12/07/2006
represented by Barak J Babcock FEDERAL EXPRESS CORPORATION (TN) 3620 HACKS CROSS ROAD BLDG B - 3RD FLOOR MEMPHIS, TN 38125 901-434-8562 Fax: 901-434-4523 Email: bjbabcock@fedex.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
George C Wallace FEDERAL EXPRESS CORPORATION 3620 HACKS CROSS RD BLDG B MEMPHIS, TN 38125 901-434-8489 Email: george.wallace@fedex.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard S McConnell FEDERAL EXPRESS CORPORATION 3620 HACKS CROSS RD
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BLDG B MEMPHIS, TN 38125 901-434-9279 Email: richard.mcconnell@fedex.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas A Lemly DAVIS WRIGHT TREMAINE (SEA) 1501 4TH AVE STE 2600 SEATTLE, WA 98101-1688 206-622-3150 Email: tomlemly@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/04/2005 10/12/2005 10/25/2005 10/25/2005
10/27/2005

#

Docket Text

1 COMPLAINTand JURY TRIAL DEMAND against defendant Federal Express Corporation (Summons(es) issued) (Receipt # fee waived, USA) , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet # 2 Email request to file new case)(PM, ) (Entered: 10/07/2005)
2 DECLARATION OF SERVICE OF SUMMONS and Complaint upon defendant Federal Express Corporation on 10/6/2005 (CL, ) (Entered: 10/13/2005)
3 ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge John C Coughenour. (JM, ) (Entered: 10/25/2005)
4 MINUTE ENTRY setting status conference:
The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case, 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc., 3. The status of discovery and a time schedule for its completion, 4. A statement of any legal issues about which motions are contemplated and a possible briefing schedule, 5. An estimate of the number of days needed for trial, 6. Whether the case is jury or non-jury, 7. The date by which the case will be ready for trial, and 8. Settlement probabilities. Counsel for all parties are required to appear at the conference. If counsel office is outside of Seattle, arrangements can be made for telephonic participation in the conference. If counsel wish to make such arrangements, they should contact Julie Mahnke, Deputy Clerk at 206-370-8805. COUNSEL FOR THE PLAINTIFF IS DIRECTED TO NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED CONFERENCE. Status Conference set for 1/5/2006 at 09:00 AM before John C Coughenour. (JM, ) (Entered: 10/25/2005)
5 NOTICE of Appearance by attorney Thomas A Lemly on behalf of Defendant Federal Express Corporation (Lemly, Thomas) (Entered: 10/27/2005)

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11/03/2005 11/03/2005 01/05/2006
09/28/2006 09/28/2006 09/28/2006 09/29/2006

6 ANSWER to Complaint with JURY DEMAND by Federal Express Corporation.(Lemly, Thomas) (Entered: 11/03/2005)
7 APPLICATION by Defendant Federal Express Corporation AND ORDER admitting George C Wallace for Federal Express Corporation pro hac vice. Receipt # 320521. (LT, ) (Entered: 11/04/2005)
8 MINUTES OF STATUS CONFERENCE: JCC; Dep Clerk: JM; CR: Zielie; Counsel: Katahira/Lemly; Called, counsel advises the Court of status. Court directs counsel to be guided by Local Civil Rule 16 in completing discovery and filing dispositive motions. Note that all depositions, discovery and perpetuation, must be completed before the discovery completion date.
Jury instructions, if any, are to be filed with the Clerk and shall include an original version and two copies thereof, each numbered sequentially and with citations, and one copy on plain white paper without numbering or citations. Counsel are advised that the Court will rely primarily upon the Manual of Model Jury Instructions for the Ninth Circuit in preparation of final instructions for submission to the jury.
Counsel are advised that this case is one of several cases set for the week described below. Counsel must be prepared to commence trial as scheduled, but it must be understood that the trial may have to be continued. The Clerk should be contacted as the trial date approaches for further information regarding the calendar.
Pretrial and trial schedule are set as follows: Jury Trial is set for 2/12/2007 at 09:30 AM before John C Coughenour. Pretrial Order due by 2/2/2007; Pleading amendment/3rd pty action due by 6/9/2006; 39.1 mediation to be completed by 12/15/2006; Trial briefs to be submitted by 2/8/2007; Proposed voir dire/jury instructions due by 2/8/2007; (JM, ) (Entered: 01/05/2006)
9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates by Defendant Federal Express Corporation. Noting Date 10/5/2006. (Lemly, Thomas) (Entered: 09/28/2006)
10 DECLARATION of Richard McConnell filed by Defendant Federal Express Corporation re 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates (Lemly, Thomas) (Entered: 09/28/2006)
11 DECLARATION of Barak J. Babcock filed by Defendant Federal Express Corporation re 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates (Lemly, Thomas) (Entered: 09/28/2006)
12 APPLICATION by Defendant Federal Express Corporation AND ORDER admitting Barak J Babcock for Federal Express Corporation pro hac vice. Receipt # SEA4326. (Attachments: # 1 declaration)(ECF application mailed to atty).(CL, ) (Entered: 09/29/2006)

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09/29/2006 10/02/2006 10/04/2006 10/04/2006
10/06/2006 10/06/2006
10/09/2006 10/11/2006 10/18/2006 10/18/2006 11/14/2006

13 APPLICATION by Defendant Federal Express Corporation AND ORDER admitting Richard S McConnell for Federal Express Corporation pro hac vice. Receipt # SEA4325. (Attachments: # 1 declaration)(CL, ) (Entered: 09/29/2006)
14 NOTICE by Defendant Federal Express Corporation that the following is RE-NOTED: 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates Noting Date 10/10/2006. (Lemly, Thomas) (Entered: 10/02/2006)
15 RESPONSE, by Plaintiff Equal Employment Opportunity Commission, to 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates. (Katahira, Wesley) (Entered: 10/04/2006)
16 Incorrect main document; to be refiled DECLARATION of Wesley Katahira filed by Plaintiff Equal Employment Opportunity Commission re 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Katahira, Wesley) Modified on 10/6/2006 (DM, ). (Entered: 10/04/2006)
NOTICE of Docket Text Modification re 16 Declaration: Incorrect document filed as the main document (repeat of Response 15 to Motion 9; Declaration will be refiled. (DM, ) (Entered: 10/06/2006)
17 PRAECIPE to attach document (Declaration) OF WESLEY KATAHIRA IN SUPPORT OF EEOC'S RESPONSE TO DEFENDANT'S MOTION FOR EXTENSION OF THE JANUARY 5, 2006 MOTION ORDER SETTING TRIAL DATE AND RELATED DATES re 16 Declaration, by Plaintiff Equal Employment Opportunity Commission. (Katahira, Wesley) (Entered: 10/06/2006)
18 REPLY, filed by Defendant Federal Express Corporation, TO RESPONSE to 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates (Babcock, Barak) (Entered: 10/09/2006)
19 NOTICE of Appearance by attorney Molly P Kucuk on behalf of Plaintiff Equal Employment Opportunity Commission (Kucuk, Molly) (Entered: 10/11/2006)
20 SURREPLY filed by Defendant Federal Express Corporation re 9 MOTION for Extension of Time Motion of Defendant for Extension of the January 5, 2006 Minute Order Setting Trial Date and Related Dates Supplemental Reply via letter brief (Babcock, Barak) (Entered: 10/18/2006)
21 RESPONSE by Plaintiff Equal Employment Opportunity Commission re 20 Surreply,. (Katahira, Wesley) (Entered: 10/18/2006)
22 ORDER by Judge John C Coughenour. The Court GRANTS 9 Dft's MOTION for Extension of Time. The deadlines are reset as follows: Discovery completed by 1/15/2007; Dispositive motions due by 2/12/2007; Pretrial Order due by 5/4/2007; 39.1 Settlement Report due by 3/16/2007; Trial briefs to be submitted by 5/10/2007; Proposed voir dire/jury instructions due by 5/10/2007; Jury Trial is set for 5/14/2007 before John C Coughenour. (CL, ) (Entered: 11/14/2006)

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23 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Wesley Katahira and A Luis Lucero, Jr for Plaintiff Equal Employment Opportunity Commission. (Katahira, Wesley) (Entered: 12/07/2006)
24 STIPULATION OF DISMISSAL WITH PREJUDICE UNDER RULE 41 by parties. (Olson, Kathryn) (Entered: 01/03/2007)

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