United States District Court, W.D. Washington, Seattle
WASHINGTON INJURY LAWYERS, PLLC BY JENNA M. LABOURR, YOUNG-JI
HAM, ATTORNEYS FOR PLAINTIFF BRITTANY EASTON
PFLUEGER & RINGER, P.S. BY: FRANCIS S. FLOYD, ANNA K.
MITCHELL, ATTORNEYS FOR DEFENDANT ASPLUNDH TREE EXPERTS, CO.
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
to 28 U.S.C. § 1332, this Court has diversity
jurisdiction because the Plaintiff does not share a state of
citizenship with the Defendant. The alleged amount in
controversy exceeds $75, 000.
CLAIMS AND DEFENSES
Brittany Easton (“Plaintiff”) will pursue claims
at trial against Defendant Asplundh Tree Experts, Co.
(“Asplundh” or “Defendant”) for sex
discrimination, hostile work environment, negligent hiring,
and negligent supervision in violation of Washington's
Law Against Discrimination, RCW 49.60, et seq.
intends to argue that Plaintiff cannot satisfy each essential
element of her claims and that Plaintiff has not suffered any
damage as a result of Defendant's alleged conduct.
Defendant intends to pursue the following defenses:
• Mr. Mell was not an owner, manager, partner, or
corporate officer of Defendant as defined by the WLAD.
• Defendant did not know of the alleged harassment and
Defendant should not have known of the alleged harassment
because it was not pervasive.
• Defendant took reasonably prompt and adequate
corrective action reasonably designed to end the alleged
STATEMENT OF ADMITTED FACTS
following facts are admitted by the parties:
Plaintiff, who is female, is 29 years old. She resides in
Defendant is a corporation headquartered in Pennsylvania that
does business in Washington State.
Defendant is a company that specializes in tree pruning
vegetation and management for utilities and government
Grays Harbor Public Utilities District (the
“PUD”) entered into a “time and
materials” contract (“Contract”) with
Defendant for Vegetation Management Services and Emergency
Storm Response (the “Project”).
Defendant employed Plaintiff as a flagger as of September 22,
Robert Fly was the Project General Foreman and
Plaintiff's and Joseph Mell's supervisor.
Following the conclusion of Defendant's investigation in
early September 2015, Defendant decided that there needed to
be disciplinary action.
September 25, 2015, Asplundh disciplined Mr. Mell with an
unpaid week's suspension and re-training on