EXHIBIT

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 1 of 16
THE STATE OF NEW HAMPSIllRE

Rockingham Superior Court

PO Box 1258

Kingston, NH 03848 

603 642-5256

ORDER OF NOTICE

Diane Devine Mizusawa v. High Liner Foods 

NO. 08- 0322 RETURN DAY: 08/05/2008

You have been sued and 

Rockingham Superior 

began this case.

Diane Devine Mizusawa shall notify each Defendant of the above

action by serving the defendant 

the pleading initiating the 

issued, and this Order in a manner allowed by 

file with the Clerk verification of the service process by August

05, 2008.

IMPORTANT NOTICE TO High Liner Foods 

You must file a written appearance form with the Clerk on or before

August 05, 2008. 

answer or demurrer. 

other documents filed with the court to the attorney for the party

filing the pleading or to the party if there is no 

name and address of the attorney or the party filing the pleading is

contained in the pleading. 

requirements you will be considered in 

opportunity to dispute the 

in this matter which may affect you without your 

NOTICE OF HEARING: A Hearing on the following matters is scheduled

for July 24 ShOO AM. at 10 Route 125 in Brentwood:

T$np()r~ry' ~~a,#i~g. ;

Hearing will be limited to offers of proof, 15 minutes per party.

Motions for a more extended hearing will be addressed at this hearing. 

request a more immediC3,rE! f1earing. Service of this notice must be completed bYJu~y 18; 2008 otherwise, the Court may dissolve any

orders made ex parte or continue hearing to a later 

Please advise clients, 

felony to carry a firearm or other deadly weapon as defined in

RSA 625: 11, V 

06/25/2008

BY ORDER OF THE SUPERIOR

Raymo or 

Clerk of Court

COURT

AOC Form SUEP140 (Rev. 09/20/2001)

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 2 of 16
THE STATE OF NEW HAMPSHIRE

ROCKINGHAM, SS. SUPERIOR COURT

Diane Devine Mizusawa

185 F.W. Hartford Drive

Portsmouth, NH 03801

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High Liner Foods (USA) Incorporated

1 Highliner Avenue

Portsmouth, NH 03801

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PETITION FOR TEMPORARY INJUNCTION. DAMAGES.

ATTORNEY' S FEES AND DEMAND FOR JURY TRIAL

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NOW COMES Diane Devine Mizusawa, of 185 F.W. Hartford Drive, Portsmouth, New

Hampshire, and complains against High Liner Foods (USA) Incorporated, of 1 Highliner

Avenue, Portsmouth, New Hampshire, as follows:

PARTIES

Diane Devine Mizusawa ("Ms. Devine ) is an individual who resides at 185 F.

Hartford Drive, Portsmouth, New Hampshire.

High Liner Foods (USA) Incorporated ("High Liner-USA") is a corporation which

does business at 1 Highliner Avenue, Portsmouth, New Hampshire.

High Liner-USA is believed to be owned and controlled by High Liner Foods

Incorporated ("High Liner-Canada ) of 100 Battery Point, Lunenburg, Nova Scotia, Canada.

BACKGROUND FACTS

Ms. Devine was employed by High Liner-USA as of March 29, 2004.

Ms. Devine s initial employment was as ' 'Vice President of Marketing for the U.

Operations.

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 3 of 16
Ms. Devine was an officer of High Liner-USA and part of the senior leadership

team for the U.S. operations throughout her employment, at a grade level of 17.

Ms. Devine was the most senior women employed as a salaried, professional

employee by High Liner-USA.

Ms. Devine received a base salary, bonus, and other benefits as part of her wages

and employment with High Liner-USA.

Ms. Devine received merit increases from High Liner-USA on March 28, 2005

March 26, 2006, and March 25, 2007.

10. AP. of January 1, 2008, Ms. Devine s annual base salary was $185,190.48.

11. Prior to March 31, 2008, Ms. Devine s employment performance and record with

High Liner-USA was excellent, with no perfonnance issues or concerns ever expressed to Ms.

Devine.

12. Prior to March 31, 2008, High Liner-USA established an employment practice or

policy concerning the payment of severance wages, advance notice oftennination 

employment, and other benefits for male, salaried, professional employees who were similarly

situated to Ms. Devine.

13. By letter dated March 31 2008, High Liner-Canada (acting through Hemy

Demone - Chief Executive Officer) notified Ms. Devine that (in part):

(a) her employment is terminated "from High Liner Foods, Inc. as a result of

the restructuring of our U.S. operations

(b) your termination is. effective immediately";

(c) We will pay you all wages due to you through the end of the 

period, April 11, 2008, within the time period required by law

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 4 of 16
14.

15.

(d) We will provide you with Separation Payments, equivalent to your

regular salaty plus an amount equal to the prorated three year average of

your bonus of $4,225.62 per week less withholdings, for a period of 15

weeks ITom the Termination Date, March 31, 2008"

(e) that other benefits would be due to her, with (c), (d), and ( 

on signing the letter as an agreement.

By letter dated April 29, 2008, Ms. Devine notified Mr. Demone that (in part):

(a) High Liner-USA had established a policy of providing severance pay to

male salaried professional employees whose positions were similar to that

of Ms. Devine for longer than the fifteen (15) week period offered Ms.

Devine.

(b) High Liner-USA' s severance pay policy had resulted in male salaried

employees (with less tenure and job responsibilities) being paid far more

than what was offered Ms. Devine.

(c) High Liner-USA had also established a policy of giving 

(7) month notification period prior to payment of the severance benefits.

(d) She was requesting "fair and equitable treatment" by High Liner-USA.

Mr. Demone, on behalf of High Liner-USA and High Liner..canada, responded to

Ms. Devine s request to be "fair and equitable" by letter dated May 5, 2008, that (in part):

(a)

16.

there was "clear and compelling evidence that very few, if any, of (Ms.

Devine s) marketing strategies have been successful."

The accusations made by Mr. Demone (on behalf of High Liner-USA and High

Liner-Canada) were not true.

17. By letter dated May 15, 2008, counsel for Ms. Devine informed Mr. Demone,

High Liner-USA and High Liner-Canada that under New Hampshire law

RSA 275:42 ill - defines "wages

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18.

(b)

(c)

19.

RSA 275:43 V - states that severance pay, whether "such benefits are a

matter of employment practice or policy, or both, shall be considered

wages pursuant to RSA 275:42 III"

RSA 275:45 

...

the employer shan pay, without condition and within the

time set by this subdivision, all wages, or parts thereof, conceded by him

to be due...

RSA 275:44 I - "Whenever an employer discharges an employee, the

employer shall pay the employee s wages in full within 72 hours

RSA 275:44 If an employer wilfully and without good cause fails to

pay an employee wage...such employer shall be additionally liable to the

employee for liquidated damages...

RSA 275:37 No employer shall discriminate in the payment of wages

between the sexes...

RSA 275:56 provide such employee with a copy

of all or part of such (personnel) file.

The letter of May 15, 2008, from counsel requested that High Liner:'USA

(a) send to me (counsel for Ms. Devine) true and complete copies of Diane

Devine s personnel file with your company, including any and all

performance assessments by May 21, 2008" (with High Liner-USA being

informed that the term "personnel file" included payroll records, internal

evaluations, disciplinary documentation and performance evaluations,

wherever maintained and an Authorization signed by Ms. Devine was

included for that purpose);

pay Ms. Devine the 'Separation Payments' and other benefits outlined in

your letter of March 31, 2008, on or before May 21 2008"

urge you to reconsider the company s decision, as set forth in your letter

of May 5, 2008, to reject the offer made by Ms. Devine in her letter of

April 29, 2008.

The letter of May 15, 2008, also notified High Liner-USA that in the event a

resolution was not made as soon as possible "Ms. Devine will not hesitate to enforce her legal

rights, which will include requests for attorney s fees.

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 6 of 16
20. A second request for the complete personnel file and Separation Payments was

made by Ms. Devine s counsel to counsel for High Liner.USA on May 29, 2008.

21. By letter dated June 3, 2008, a copy of Ms. Devine s alleged personnel file was

mailed to her counsel.

22. That Ms. Devine' s performance reviews or performance assessments were not

included in the fIle forwarded by High Liner-USA.

23. That no other severance payments have been ttlade by High Liner-USA to Ms.

Devine.

24. That Ms. Devine has been damaged by the conduct of High Liner-USA.

COUNT I

VIOLATION OF RSA 275:56 (PERSONNEL FILE)

25. RSA 275:56 requires that an employer such as High Liner-USA

'upon request, provide (the) Employee with a copy 

all or part of such (personnel) file.

26. The term "personnel file" is defined in the administrative code as

any personnel records created and maintained by an employer

and pertaining to an employee including and not limited to

employment applications internal evaluations, disciplinary

documentation, payroll records, injury reports and performance

assessments, whether maintained in one or more locations, unless

such records are exempt ftom disclosure under RSA 275:56, ill

or are otherwise privileged or confidential by law. 

does not include recommendations, peer evaluations or notes

not generated or created by the employer:'

H. Admin. Lab.Code ~ 802.09.

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 7 of 16
27. Although requested on several occasions, High Liner-USA has not provided Ms.

Devine with a complete copy of her personnel file with, at a minimum, there being no "internal

evaluations, disciplinary documentation...and performance assessments" included with the file.

28. The failure of High Liner-USA to so provide a complete copy of the personnel file

and violate RSA 275:56 is knowing, deliberate, intentional and in bad faith.

29. Ms. Devine requests that this Court order High Liner-USA to provide her with a

complete copy of her personnel file immediately.

30. Ms. Devine requests that this Court order High Liner-USA to pay her attorney

fees associated with the violation 

COUNT n

VIOLATION OF RSA 275:44 

WAGES TO BE PAID WITHIN 72 HOURS

31. All facts stated in this Petition are incorporated in this Count n.

32. RSA 275:43 V states that severance pay is considered to be "wages.

33. RSA 275:45 Unconditional Payment ofWa~es Conceded to be Due requires that

'the employer shall pay... all wages, or parts thereOf, conceded by him to be due...

34. RSA 275:44 I requires that "the employer shall pay the employee s wages in full

within 72 hours.

35. RSA 275:44 obligates High Liner-USA to be "additionally liable" to Ms.

Devine and to pay Ms. Devine liquidated .damages in the amount of double wages for its failure

to pay her the full wages due within 72 hours.

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 8 of 16
36. That the failure of High Liner-USA to so pay Ms. Devine her wages pursuant to

RSA 275:44 and RSA 275:45 was wilful, without good cause, knowing, deliberate, intentional

and in bad faith.

37. That such failure of High Liner-USA has resulted in damages to Ms. Devine.

38. That pursuant to RSA 275:53 and otherwise the actions of High Liner-USA make

it liable to pay all costs and attorney s fees incurred by Ms. Devine in this action.

39. That Ms. Devine has been damaged by the conduct of High Liner-USA as

aforesaid in an amount within the jurisdictional limits of this Court.

COUNT 

VIOLATION OF RSA 275:43

FAILURE TO PAY SEVERANCE PAY AS WAGES

40. All facts stated in this Petition are incorporated in this Count ill.

41. RSA 275:43 ill states that severance pay, when "such benefits are a matter of

employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42 n

when due.

42. Prior to March 31, 2008, High Liner-USA established an employment practice or

policy concerning the payment of severance wages, advance notice of termination of

employment, and other benefits for male, salaried, professional employees who were similarly

situated to Ms. Devine.

43. High Liner-USA has not paid to Ms. Devine the same severance pay as other

male, professional, salaried, similarly situated employees that it was the employment practice or

policy of High Liner-USA to pay.

44. That such failure of High Liner-USA has resulted in damages to Ms. Devine.

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45. That the failure of High Liner-USA to so pay Ms. Devine her proper severance

pay and benefits was knowing, deliberate, intentional and in bad faith.

46. That pursuant to RSA 275:53 and otherwise the actions of High Liner-USA make

it liable to pay all costs and attorney s fees incurred by Ms. Devine in this matter.

47. That Ms. Devine has been damaged by the conduct of High Liner-USA as

aforesaid in an amount within the jurisdictional limits 

COUNT IV

29 V. C. SECT. 206(d)(1)

DISCRIMINATION IN THE PAYMENT OF WAGES BASED ON SEX

48. All facts stated in this Petition are incorporated in this Count 

49. That 29 U. C. Sect. 206(d)(1) states that it is illegal for an employer to

discriminate...between employees on the basis of sex...

50. That High Liner-USA has established an employment practice or policy of making

certain severance wage payments to male, salaried, professional employees who were similarly

situated as Ms. Devine.

51. That High Liner-USA has discriminated against Ms. Devine (a female) by not

paying her the same severance wages as it paid to male, salaried, professional employees as

aforesaid

52.

53.

54.

faith.

That High Liner-USA has violated 29 U. C. Sect. 206( d) 1 by its actions.

That Ms. Devine has been damaged by the said actions of High Liner-USA.

That the actions of High Liner-USA in this regard are wilful, deliberate and in bad

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55. That, in addition to other damages and penalties, High Liner-USA is subject to a

fine of $10 000.00 for this violation per 29 U. C. Sect. 216(a).

56. That Ms. Devine has a right of action against High Liner-USA under 29 U.

Sect. 216(b) with the damages against High Liner-USA including, in addition to an order

obligating High Liner.,uSA to pay her her rightful wages, (a) additional damages in an equal

amount of severance pay be paid as liquidated damages and (b) reasonable attorney s fees being

paid to Ms. Devine by High Liner-USA.

57. That Ms. Devine has been damaged by the conduct of High Liner-USA as

aforesaid in an amount within the jurisdictional limits of this Court.

COUNT V

VIOLATION OF RSA 275:37

DISCRIMINATION

58. All facts stated in this Petition are incorporated in this Count V.

59. RSA 275:37 Equal Pay requires that

...

no employer shall discriminate in the payment of wages

as between sexes...

60. High Liner-USA has discriminated in the payment of wages between Ms. Devine

and male salaried professional employees who were similarly situated as Ms. Devine.

61. The wages paid to male salaried professional employees in the form of severance

wages has been much higher than the severance wages paid or offered to be paid to Ms. Devine.

62. The variation between the severance wages paid by High Liner-USA to male

salaried professional employees and those severance wages paid or offered to be paid to Ms.

Devine is not justified by RSA 275:37 or otherwise.

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 11 of 16
275:37.

63. That the discrimination against Ms. Devine as aforesaid is a violation 

64. That RSA 275:39 Liquidated DamaJ!:es provides that High Liner-USA is liable to

Ms. Devine in the amount of unpaid wages and "in an additional equal amount of liquidated

damages" for a -violation ofRSA 275:37.

65. That the discrimination against Ms. Devine as aforesaid by High Liner-USA was

knowing, deliberate, intentional and in bad faith.

66. That such discrimination has resulted in damages to Ms. Devine as aforesaid.

67. That the actions of High Liner-USA make it liable to pay costs and attorney s fees

incurred,by Ms. Devine in this action, pursuant to RSA 275:53 and otherwise.

68. That Ms. Devine has been damaged by the conduct of High Liner-USA as

aforesaid in an amount within the jurisdictional limits 

69.

70.

COUNT VI

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

All facts stated in this Petition are incorporated in this Count VI.

High Liner-USA has a duty to avoid causing emotional distress that would cause

physical injury to Ms. Devine.

71. By falsely accusing Ms. Devine of incompetence and the type of actions that it

has, High Liner-USA has breached its said duty and created an unreasonable risk 

emotional distress that would likely lead to physical injury.

72. That Ms. Devine, as a direct result of the breach of duty by High Liner-USA, has

suffered a significant, painful and mental and emotional experience with lasting effects that has

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 12 of 16
manifested itself in physical injuries.

73. That Ms. Devine claims damages against High Liner-USA in an amount within

the jurisdictional limits of this Court.

74. That Ms. Devine claims attorney s fees as additional damages as the result of the

knowing, deliberate, intentional and bad faith conduct of High Liner-USA.

75. That Ms. Devine has been damaged by the conduct of High Liner-USA as

aforesaid in an amount within the jurisdictional limits 

COUNT VB

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

76. All facts stated in this Petition are incorporated in this Count Vll.

77. That the actions of High Liner-USA in this action constitute extreme and

outrageous conduct.

78. Ms. Devine has been caused damage due to the extreme and outrageous conduct

of High Liner-USA.

79. High Liner-USA is liable to Ms. Devine in damages for intentionally causing Ms.

Devine emotional distress, based on the actions of High Liner-USA as set forth in this Petition.

80. Ms. Devine claims damages against High Liner-USA as a result of such conduct

within the jurisdictional limits of this Court.

81. That Ms. Devine claims attorney s fees as the result of the knowing, intentional

deliberate and bad faith conduct of High Liner-USA.

COUNT VIII

VIOLATION OF RSA 358-A

All facts stated in this Petition are incorporated in this Count VITI.

Case 1:08-cv-00281-JL Document 1-1 Filed 07/14/08 Page 13 of 16
83. The actions of High Liner-USA are an unfair or deceptive act or practice in the

conduct of commerce.

84. The actions of High Liner-USA. even to one "inured to the rough and tumble of

the world of commerce" attains and surpasses a "level of rascality which raises eyebrows

(illegal activities, violation of state and federal statutes. gender discrimination, failure to provide

personnel files when requested, etc.

USA.

ofRSA 358-

85. That the plaintiff herein is a ' 'person injured" by the said conduct of High Liner86. That the acts or practices of High Liner-USA were wilful and knowing violations

87. That the damages to the plaintiff should include an award of a maximum 

damages, but not less than double damages, and attorney s fees pursuant to RSA 358-A:10.

88. That the plaintiff has been damaged by the conduct of High Liner-USA in an

amount within the jurisdictional limits 

89.

EQUITY JURISDICTION

That Ms. Devine does not have an adequate remedy at law.

WHEREFORE, Ms. Devine prays as follows:

PENDING A JURY TRIAL ON THE MERITS:

A hearing be scheduled on the temporary relief requested by Ms. Devine.

High Liner-USA be ordered to provide to Ms. Devine a complete copy of her

personnel file in accordance with RSA 275:56.

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High Liner-USA be ordered to pay to Ms. Devine both the amount of severance

wages which it admits is due to her in accordance with RSA 275:44 and 275:45.

High Liner-USA be ordered to pay to Ms. Devine liquidated damages in

accordance with RSA 275:44 IV in the amount of the severance wages deemed to be due her.

High Liner-USA be ordered to pay to Ms. Devine attorney s fees and costs due to

the conduct of High Liner-USA.

II. AFTER A JURY TRIAL ON THE MERITS:

High Liner-USA be ordered tQ pay damages and liberal enhanced damages to Ms.

Devine pursuant to the claims made in Counts II, III, IV, V, V4 VII and VIII above, including but

not limited to liquidated damages and multiple damages.

High Liner-USA be ordered to pay attorney s fees and costs to Ms. Devine due to

the conduct of High Liner-USA, RSA 275:53 29 U. C. 216(b) and RSA 358-A:1O.

For such otb,er and further 

ill. JURY TRIAL

The plaintiff demands a 

June cL) . 2008

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State of New Hampshire

Rockingham, SS. June l..J 2008 ----J

Personally appeared the above-named Diane Devine and swore that the foregoing is true,

to the best of her knowledge and belief,

Before me,

FROM TIlE OFFICE OF:

Ralph R. Woodman, Jr. /12790

Boynton, Waldron, Doleac, Woodman & Scott, P.A.

82 Court Street, P. o. Box 418

Portsmouth, NH 03802-0418

(603) 4364010

\A Wv,J- V

Ralph . Woodman, Jr.

lA. t..0e,.)~

NotftFy Public/Justice of the Peace

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