United States District Court, W.D. Washington
LIM LAW FIRM, P.S. Nolan Lim Law Firm, PS Attorney for
T. SATTERBERG King County Prosecuting Attorney Donna F. Bond,
Attorneys for King County
PRETRIAL ORDER LCR 16(1)
S. Zilly, United States District Judge.
parties submit this Joint Pretrial Statement in accordance
with Western District of Washington Civil Rule 16(h) and the
Court's Order Setting Trial Date and Related Dates.
in this case is pursuant to 28 U.S.C.A. §1367.
CLAIMS AND DEFENSES
RCW 49.60 - DISPARATE TREATMENT - Plaintiff
is alleging disparate treatment based on Race.
RCW 49.60 - RETALIATION FOR OPPOSING A
DISCRIMINATORY PRACTICE Plaintiff is alleging that she was
terminated in retaliation for opposing a discriminatory
practice at work.
damages and/or injuries alleged by the plaintiff, if any, are
the result of the plaintiff's own conduct and were not
the result of any conduct of the defendant.
County would have made the same decision to terminate
Plaintiff has failed to mitigate her damages, if any exist.
following facts are admitted by the parties:
1. On April 13, 2015, Plaintiff received an offer of
employment as a term-limited temporary Transit Administrative
Support Specialist III (TASS III) in the Transit
Division's Human Resources Section. Plaintiff's start
date was April 14, 2015 and the work was anticipated to end
no later than April 13, 2016.
2. Plaintiff received an offer letter for the position of
Recruiting Coordinator TLT (HR Associate) on May 4, 2015.
3. Plaintiff began her position as a TLT Recruiting
Coordinator (HR Associate) on May 11, 2015.
4. Ivette Martinez Morales formally reviewed Plaintiff's
work performance in August of 2015.
5. The TASS III position reported to Adrienne Leslie. As an
HR Associate, Plaintiff's supervisor was Ivette Martinez
Morales during her employment term.
6. King County conducted an investigation into
Plaintiff's access into NEOGOV during early October of
7. King County employee Susan Eddy conducted an investigation
of an allegation that Plaintiff misused county information
technology assets. Plaintiff was suspected to have improperly
used the NEOGOV applicant tracking system by accessing
applicant information in a recruitment for which she was an
active applicant, changing applicant status, and moving
applications through examination steps.
8. Plaintiff told employee James Moreau that King County
employee, Ivette Martinez Martinez Morales mentioned the
words “race card” to her in reference to another
Black employee applying for a job by the name of Lee Jones.
9. Plaintiff was terminated from King County on October 16,
10. Plaintiff sought no medical, mental health, or
psychiatric care between January 26, 2015 and March 18, 2016
other than filling previously prescribed prescriptions for
11. Plaintiff was diagnosed with Generalized Anxiety Disorder
several years ago and has been prescribed and taking
medications to treat it since at least 2013.
ISSUES OF LAW
following are the issues of law to be determined by the
1. Did Defendant violate Plaintiff's rights under RCW
49.60 by treating her disparately compared to her similarly
situated coworkers based on Race?
2. Did Defendant violate Plaintiff's rights under RCW
49.60 by retaliating against her after Plaintiff reported to
a coworker that her supervisor, Ivette Martinez-Morales, made
a comment that Plaintiff believed was offensive based on
3. Was Ms. Madry's race a substantial factor in
Defendant, King County's, decision to terminate her
employment in violation of the Washington Law Against
4. Was Ms. Madry's alleged opposition to an alleged
discriminatory statement made by, Ivette Martinez-Morales, a
“substantial factor” in King ...