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Quinn v. Everett Safe & Lock, Inc.

United States District Court, W.D. Washington

October 15, 2014

CORY ROSS QUINN, Plaintiff,
v.
EVERETT SAFE & LOCK, INC., et al., Defendants

Page 1336

For Cory Ross Quinn, Plaintiff: James Walter Beck, LEAD ATTORNEY, Christopher T Wall, GORDON THOMAS HONEYWELL LLP (TAC), TACOMA, WA.

For Everett Safe & Lock Inc, a Washington corporation, Gary Topp, Defendants: Manish Borde, Scott B Henrie, WILLIAMS KASTNER & GIBBS (SEA), SEATTLE, WA.

Page 1337

ORDER REGARDING PARTIES' MOTIONS IN LIMINE

HONORABLE JOHN C. COUGHENOUR, UNITED STATES DISTRICT JUDGE.

This matter comes before the Court on Defendants' Motions in Limine (Dkt. Nos. 41 and 49) and on Plaintiff's Motions in Limine (Dkt. Nos. 44 and 50). Having thoroughly considered the parties' briefing and the relevant record, the Court hereby

Page 1338

DENIES Defendants' Motions in Limine (Dkt. Nos. 41 and 49 (duplicates)) without prejudice. The Court GRANTS Plaintiff's Motions in Limine (Dkt. Nos. 44 and 50 (duplicates)) with regard to exclusion both of Plaintiff's alleged marijuana use and of Plaintiff's previous lawsuit, without prejudice, but DENIES Plaintiff's Motions in Limine (Dkt. Nos. 44 and 50 (duplicates)) with regard to exclusion of Plaintiff's past criminal proceedings, without prejudice, for the reasons explained herein.

I. BACKGROUND

Mr. Cory Ross Quinn, a veteran of the Washington Army National Guard, brings this lawsuit against his former employer, Everett Safe & Lock, Inc. (ESL) and its President, Gary Topp, for terminating his employment in violation of the Uniform Services Employment and Reemployment Rights Act (USERRA) as well the Fair Labor Standards Act (FLSA) and the Washington Minimum Wage Act (WMWA). (Complaint, Dkt. No. 1.) Mr. Quinn began working for ESL in 2003, but deployed to Kuwait from November 2003 to February 2005 and deployed to Iraq from August 2008 to October 2009 in his capacity as a National Guard reservist. (Plaintiff's Motion for Partial Summary Judgment, Dkt. No. 23 at 2.) After completing his tour in Iraq, Mr. Quinn returned to work for ESL in October 2009. ( Id.) He remained employed with ESL until January 2010, at which point he was terminated for reasons that remain disputed. (Complaint, Dkt. No. 1 at 2.)

ESL is a company based in Everett, Washington that provides commercial and residential locksmith work. (Plaintiff's Motion for Partial Summary Judgment, Dkt. No. 23 at 3.) Plaintiff worked as an outside technician for ESL upon his return from Iraq. (Plaintiff's Motion for Partial Summary Judgment, Dkt. No. 23 at 3.) In that capacity, Mr. Quinn provided service to customers on location, using a company van to make dispatch calls. ( Id.) He drove the company van to and from work and left the van parked at his house when he was not working. ( Id.)

Approximately two months after returning to ESL in 2009, Mr. Quinn expressed concerns that ESL refused to provide paid break time and required him to park his van at his home while refusing to compensate him for the time spent driving to and from work each day. (Plaintiff's Motion for Partial Summary Judgment, Dkt. No. 23 at 3.) To document these concerns about perceived wage and hour issues, Mr. Quinn e-mailed Mr. Topp on December 29, 2009. ( Id.) That e-mail reads in relevant part:

I'm afraid I'm going to be fired for bringing up the issue about breaks after our shop meeting this Monday the 28th of December 2009. . . . I brought up to you the issue of paid ten minute breaks. You stated you were not required to provide breaks because you had less than 30 employees. I called the department of labor and industries and inquired with them after we spoke. They stated that employers are required to ...

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