Holton v. Bama Lanes Prattville, LLC et al

Filing 49

ORDER ON PRETRIAL HEARING: Jury Selection and Jury Trial, which is to last two days, set for 4/8/2019, at 10:00 AM, in Montgomery, Alabama, before Honorable Judge Myron H. Thompson, as further set out in order; Trial Briefs due by 4/1/2019; All de adlines not otherwise affected by this order will remain as set forth in the uniform scheduling order (doc. no. 34 , as amended by doc. nos. 37 , 39 ), as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/7/2019. (furn: calendar, ag) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
)
AMANDA HOLTON,
)
)
Plaintiff,
)
)
v.
)
)
BAMA LANES
)
PRATTVILLE, LLC;
)
CHRISTOPHER WILLIAMS; and )
SHELLY WAINWRIGHT,
)
)
Defendants.
)

CIVIL ACTION NO.
2:17cv453-MHT
(WO)

ORDER ON PRETRIAL HEARING
A pretrial hearing was held in this case on March 7, 2019, wherein the
following proceedings were held and actions taken:
1.

PARTIES AND TRIAL COUNSEL:

Plaintiff Amanda Holton will be represented at trial by attorney Alicia K.
Haynes and Kenneth D. Haynes of Haynes & Haynes, P.C.
Defendant Bama Lanes Prattville, LLC will be represented at trial by Kent
Garrett of Kent Garrett Attorney at Law.
Defendant Christopher Williams will be represented by Tamika R. Miller of
Miller Smith, LLC.
Defendant Shelly Wainwright will be represented pro se.

COUNSEL APPEARING AT PRETRIAL HEARING:
Same as trial counsel
2.

JURISDICTION AND VENUE:

The parties agree that jurisdiction is proper under 28 U.S.C. § 1331, which
gives the district court original jurisdiction over civil actions arising under the
Constitution, laws, or treaties of the United States; under 28 U.S.C. § 1343(4), which
gives the district court original jurisdiction over causes of action arising out of civil
rights violations; and 42 U.S.C. § 2000e-5(f)(3), which gives the district court
jurisdiction over actions brought under Title VII of the Civil Rights Act of 1964.
The parties agree that venue is proper in this judicial district under 28 U.S.C.
§ 1391(b) because a substantial part of the events giving rise to the claims asserted
in this action occurred within this judicial district. The parties also agree that venue
is proper in this judicial district under 42 U.S.C. § 2000e-5(f)(3) in that plaintiff
would have worked in this judicial district but for the alleged unlawful employment
practices.
3.

PLEADINGS: The following pleadings and amendments were

allowed:
-

Plaintiff’s Complaint. (Doc. 1).
Shelly Wainwright’s Answer to Plaintiff’s Complaint. (Doc. 8).
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4.

Steve Lander’s Answer to Plaintiff’s Complaint (on behalf of
Bama Lanes Prattville, LLC). (Doc. 9).
Bama Lanes Prattville, LLC’s Answer to Plaintiff’s Complaint.
(Doc. 14).
Plaintiff’s Motion for Entry of Default. (Doc. 22).
Christopher William’s Answer to Plaintiff’s Complaint. (Doc.
26).
Christopher William’s Motion in Opposition of Default
Judgment (Doc. 27).

CONTENTIONS OF THE PARTIES:
(a)

The Plaintiff:

Plaintiff contends that Defendants violated Title VII and Alabama state law:
1) when they subjected her to unequal treatment because of her sex; 2) when they
subjected her to ongoing sexual harassment and a hostile work environment because
of her sex; 3) when they terminated her employment after she complained of the
sexual harassment she was subjected to due to her sex. Plaintiff claims that the
violations of Defendants were willful. Plaintiff brings the following claims: Sex
Discrimination against Defendant, Bama Lanes; Title VII Hostile Work
Environment against Defendant, Bama Lanes; Title VII Retaliation against
Defendant, Bama Lanes; Invasion of Privacy against all defendants, Bama Lanes,
Wainwright and Williams; Assault against Defendant Williams; Intentional
Infliction of Emotional Distress against all defendants, Bama Lanes, Wainwright

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and Williams; Negligent Hiring, Training, Retention, and Supervision against all
defendants, Bama Lanes, Wainwright and Williams.
Plaintiff seeks all damages authorized by Title VII and Alabama state law
including back pay, lost wages, lost benefits, front pay, pre- and post-judgment
interest, pecuniary compensatory damages, non-pecuniary compensatory damages
and punitive damages as well as reasonable attorneys’ fees, statutory costs, and all
litigation expenses.
Plaintiff also seeks appropriate equitable relief from the Court, including
reinstatement and such other relief as the Court deems appropriate to make certain
Plaintiff is not subjected to any future discrimination or retaliation in the event of
her reinstatement.
(b)

Defendant Bama Lanes Prattville, LLC:

Defendant, Bama Lanes Prattville, LLC, hereinafter referred to as Bama
Lanes Prattville, denies all material accusations of the Plaintiff’s Complaint and
Defendant, Bama Lanes Prattville demands strict proof of every material allegation.
Bama Lanes Prattville further incorporates herein all defensive matters previously
pled in the answers and defenses on file. Specifically, Defendant, Bama Lanes
Prattville expects to prove that they had proper controls in place to ensure that the
workplace was safe and fair for all employees. During the Plaintiff’s second term of
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employment at the bowling alley, the Plaintiff made accusations about another
employee making inappropriate remarks to the Plaintiff. When this was made known
to management of Bama Lanes Prattville, the complaint was addressed. The Plaintiff
and the employee that was the subject of the complaint, were asked to meet with
management. They both did. The alleged perpetrator was instructed to apologize. He
did and he did so in the presence of management. The Plaintiff was then asked if she
would accept this apology and she said she would and indicated she saw no need to
take further action. Several months later, after being warned several times about
violations of known employee rules, the Plaintiff was let go. Later on, she decided
to file this lawsuit.
(c)

Defendant Christopher Williams:

Defendant Christopher Williams contends that he did not violate any Alabama
law and denies all allegations asserted in the complaint of the Plaintiff. Defendant
Christopher Williams demand strict proof of every material allegation. Defendant
Christopher Williams expects to prove that he did not commit the acts alleged in
Counts IV-Invasion of Privacy, V-Assault and VI-Intentional Infliction of
Emotional Distress.
(d)

Defendant Shelly Wainwright pro se:

No position statement received.
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5.

STIPULATIONS OF THE PARTIES:

STIPULATIONS BETWEEN PLAINTIFF AND
DEFENDANT BAMA LANES:
(a)

Plaintiff was employed as a front desk attendant at Bama Lanes

bowling alley from August 19, 2014 to July 9, 2015;
(b)

Defendant Shelly Wainwright was the Bama Lanes General

Manager from August 19, 2014 to July 9, 2015;
(l)

Plaintiff filed her charge of discrimination with the EEOC on

August 19, 2015.
Defendant, Bama Lanes Prattville has no further stipulations at this time.
STIPULATIONS BETWEEN PLAINTIFF AND
DEFENDANT CHRISTOPHER WILLIAMS:
(a)

Plaintiff was employed as a front desk attendant at Bama Lanes

bowling alley from August 19, 2014 to July 9, 2015;
(b)

Defendant Shelly Wainwright was the Bama Lanes General

Manager from August 19, 2014 to July 9, 2015;
(c)

Defendant Christopher Williams was a pinsetter and slated to be

promoted to Pinsetter Manager during from August 19, 2014 to July 9, 2015;

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(l)

Plaintiff file her charge of discrimination with the EEOC on

August 19, 2015.
***
It is ORDERED that:
(1) The jury selection and trial of this cause, which
is to last two days, are set for April 8, 2019, at 10:00
a.m., at the United States Courthouse in Montgomery,
Alabama;
(2) A trial docket will be mailed to counsel for
each party approximately two weeks prior to the start of
the trial term;
(3) Each party shall have available at the time of
trial, for use by the court (the judge, the courtroom
deputy clerk, and the law clerk), three copies of the
exhibit list and a sufficient number of copies of each
photostatically

reproducible

exhibit

for

opposing

counsel, the courtroom deputy clerk, the law clerk, the
jurors, and the judge to each have a set of the exhibits;
(4) Trial briefs ((a) summarizing the evidence to be
presented at trial, (b) setting forth the elements of
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each and every claim and defense at issue and how the
evidence does or does not satisfy those elements, with
citations to caselaw, and (c) addressing any evidentiary
issues

that

may

arise

at

trial,

with

citations

to

relevant rules and caselaw) are required to be filed by
April 1, 2019;
(5) All deadlines not otherwise affected by this
order will remain as set forth in the uniform scheduling
order (doc.

no. 34, as amended by doc. nos. 37, 39); and

(6) All understandings, agreements, deadlines, and
stipulations contained in this pretrial order shall be
binding on all parties unless this order be hereafter
modified by order of the court.
DONE, this the 7th day of March, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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