United States District Court, W.D. Washington, Seattle
& ASSOCIATES, PLLC By: Stephen A. Teller, WSBA No. 23372
Attorneys for Plaintiff
JACKSON LEWIS P.C. By: Michael Griffin, WSBA #29103 Sherry L.
Talton, WSBA #42780 Attorneys for Defendant
AGREED STIPULATION AND ORDER TO AMEND COMPLAINT AND
ADJUST THE COURT'S SCHEDULING ORDER
S. LASNIK, UNITED STATES DISTRICT JUDGE
NOW the parties by and through their counsel of record and
stipulate as follows:
amend the complaint to add a Fifth Cause of Action and
correct a minor omission as reflected in the Second Amended
Complaint, with underlined additions, a copy of which is
jointly move the Court to amend the Minute Order Setting
Trial Date and Related Dates (Docket No. 15) to continue the
Discovery completion date and all subsequent deadlines
including the Trial Date in this matter by 90 days. Good
cause for the change in Trial Date is as follows: The parties
have engaged in extensive written discovery that has been
complicated by related matters. Depositions in this case have
not yet begun due in part to the extensive nature of the
written discovery. Counsel anticipate that scheduling
conflicts may further delay the taking of depositions of
witnesses in multiple states. The parties are also exploring
potential alternative dispute resolution and wish to focus
their immediate efforts to this task before expending
additional resources on litigation. However if the matter
does not resolve, additional discovery motions practice and
depositions will be needed to prepare for trial.
APPEARING TO THE COURT from the endorsement of counsel that
the parties have stipulated to the following order:
HEREBY ORDERED, ADJUDGED AND DECREED that Second Amended
Complaint may be filed within five court days of this Order.
FURTHER that good cause exists for a 90 day continuance of
Discovery completion, Trial, and related dates, and the Clerk
is hereby Ordered to adjust said dates by 90 days or such
similar time as to fit with the Court's existing trial
AMENDED COMPLAINT FOR DAMAGES (JURY DEMANDED)
is a civil rights lawsuit seeking damages for racial, age and
gender discrimination, hostile work environment, failure to
promote, and the wrongful termination of the employment of
Plaintiff Carol Oberloh. It includes an Equal Pay Act Claim.
Jurisdiction is proper pursuant to 28 U.S.C. § 1331 as
Plaintiff alleges claims that comprise federal questions.
Court has jurisdiction over Plaintiffs state claims pursuant
to 28 U.S.C. § 1367.
Venue is proper in the Western District of Washington under
28 U.S.C. § 1391(b) because the acts and omissions
complained herein occurred in the District and Defendant
conducts business here.
Plaintiff filed a complaint with the Equal Employment
Opportunity Commission on or around November 22, 2017, was
issued a notice of right to sue on September 24, 2018, and
files this claim within 90 days of receipt of that notice,
thereby complying with all administrative preconditions of
suit under Title VII of the 1964 Civil Rights Act.
Plaintiff was employed by Defendant in Snohomish County,
Washington State, from approximately November 21, 2013 until
approximately March 27, 2018 when her employment was
terminated by action of Defendant.
all times relevant hereto, Defendant was a foreign
corporation registered in New York, and doing business in
Snohomish County, Washington State, within this judicial
all times relevant times, Defendant continually had over 500
employees and was an employer engaged in an industry
Plaintiff is a Hispanic and African-American woman, age 50-54
years old during her employment.
Defendant treated Plaintiff differently and worse than
similarly-situated employees based an her protected classes
and protected activities. Defendant also discriminated and
retaliated against Plaintiff by creating a hostile work
environment and ultimately terminating her employment.
Finally, it paid her less than men for the same or equal
Soon after her employment began, Plaintiff was subjected to
harassment by Javier Herrera. After Plaintiff reported
Herrera for stealing jewelry to General Manager Rachel Olsen,
who informed Herrera that Plaintiff had reported him, Herrera
became oppositional with Plaintiff and refused or ignored her
instructions and requests thereafter.
Herrera used racial language towards Plaintiff, calling her
When Plaintiff reported this behavior to Olsen, Olsen told
Plaintiff to go have drinks with Herrera to try to smooth
February 2014, Plaintiff reported Herrera's behavior to
Defendant's "Silent Witness Program." 15. This
Program is supposed to protect the identity of employees who
make the reports and states or implies a promise of
day later, Olsen told Herrera that Plaintiff reported him.
Later that day, Herrera confronted Plaintiff, physically
shoved her and called her "nigger."
Plaintiff reported this incident to Defendant's HR
Department and the Regional Manager, Chris Eytcheson.
Herrera continued harassing Plaintiff thereafter.
April 2014, Olsen left the company. For the next two months,
Plaintiff took on all of the duties and responsibilities of
the GM. During this time, Plaintiff received no raise,
increased benefits, or title change.
June 2014, Donny Allen was hired as the second GM. During
Allen's time at the store, lie engaged in time-fraud,
shredded paperwork inappropriately, and stole money from the
store. Plaintiff reported his behavior to Regional Manager
Eytcheson. After Plaintiff made this report, Allen, in
retaliation, wrote up Plaintiff for frivolous infractions.
December 2015, Herrera was transferred to another Armani
store in the area. Despite his knowledge of Herrera's
conduct alleged above, instead of reprimanding Herrera,
Eytcheson gave Herrera a raise.
Allen continued to retaliate against Plaintiff because she
reported his behavior to his superior. Allen would fabricate
incidents in order to write up Plaintiff.
May, 2016, Allen resigned from the store. Plaintiff once
again took on the responsibility of GM and was not