Stonum v. County of Kern et al

Filing 96

FINAL PRETRIAL ORDER signed by District Judge Dale A. Drozd on 08/30/2018. Jury Trial set for 9/18/2018 at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DYWANE C. STONUM,

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No. 1:16-cv-01076-DAD-JLT

Plaintiff,
v.

FINAL PRETRIAL ORDER

COUNTY OF KERN,
Defendant.

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On July 30, 2018, the court conducted a final pretrial conference. Plaintiff Dywane C.

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Stonum appeared telephonically on his own behalf, and Michael E. Lehman appeared as counsel

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for defendant County of Kern. Following the final pretrial conference, the court issued a tentative

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pretrial order on August 1, 2018. (Doc. No. 76.) That order provided the parties fourteen days in

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which to object to the tentative pretrial order, and a further seven days thereafter in which to reply

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to the other party’s objections. (Doc. No. 76 at 8.) Plaintiff submitted an amended exhibit list.

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(Doc. Nos. 80, 85.) Defendant filed amended exhibit and witness lists, and objected to plaintiff’s

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request for punitive damages. (Doc. Nos. 81, 83, 84.) Plaintiff thereafter filed a reply to

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defendant’s objection. (Doc. No. 89.) Having considered the parties’ joint pretrial statement, the

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views of the parties, and the parties’ objections, the court now issues this final pretrial order.

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Plaintiff brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42
U.S.C. § 2000(e), et seq., alleging claims of race discrimination and retaliation during his
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employment with the Kern County Department of Human Services between April 2013 and

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January 2014. Defendant disputes that plaintiff’s termination was based upon racial

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discrimination, retaliation, or anything other than plaintiff’s performance.

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I.

JURISDICTION/VENUE

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Jurisdiction is predicated on 28 U.S.C. §§ 1331 and 1343. Jurisdiction is not contested.

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Venue is proper pursuant to 28 U.S.C. § 1391(b). Venue is not contested.

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II.

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JURY
Plaintiff notified the court that he wishes to waive his right to a jury trial. In a scheduling

order issued July 14, 2017, the court accepted plaintiff’s jury waiver. (Doc. No. 43 at 2 n.1.)

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Defendant did not demand a jury trial. (See Doc. No. 28.) The trial will thus be conducted as a

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bench trial.

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III.

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UNDISPUTED FACTS
1.

Plaintiff was employed by the County of Kern in the Department of Human

Services between April 2013 and January 2014.

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2.

Plaintiff’s race is Black or African American.

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3.

Plaintiff was not hired by Kern County as a Social Service Worker.

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4.

Plaintiff is no longer employed by Kern County.

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5.

All named individual defendants (dismissed from this suit) were employees of the

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County of Kern during the time periods in which plaintiff was employed in the Kern County

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Department of Human Services.

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6.

Tracy Selph is the Assistant Program Director for the Kern County Department of

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Human Services.

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IV.

DISPUTED FACTUAL ISSUES

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1.

Whether plaintiff’s termination was motivated by racial discrimination.

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2.

Whether plaintiff’s termination was motivated by retaliation.

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V.

DISPUTED EVIDENTIARY ISSUES/MOTIONS IN LIMINE
The parties have not yet filed motions in limine. The court does not encourage the filing

of motions in limine unless they are addressed to issues that can realistically be resolved by the
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court prior to trial and without reference to the other evidence which will be introduced by the

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parties at trial. Any motions in limine counsel elects to file shall be filed no later than 21 days

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before trial. Opposition shall be filed no later than 14 days before trial and any replies shall be

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filed no later than 10 days before trial. Upon receipt of any opposition briefs, the court will

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notify the parties if it will hear argument on any motions in limine prior to the first day of trial.

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Upon receipt of any opposition briefs, the court will notify the parties if it will hear argument on

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these motions prior to the first day of trial.

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VI.

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SPECIAL FACTUAL INFORMATION
Special factual information pursuant to Local Rule 281(b)(6) is not applicable to this

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action.

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VII.

RELIEF SOUGHT

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1.

Plaintiff seeks reinstatement to the position of Human Services Technician.

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2.

Plaintiff seeks a new interview and interview panel for Social Services Worker I

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position.

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3.

Plaintiff seeks lost wages and benefits accruing at about $164.38 per day x 1,162

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days = $273,199.56 (as of July 23, 2018, before estimated offset adjustments of about

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$54,345.06).

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4.

from his employee file.

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5.
VIII.

POINTS OF LAW

against the defendant, County of Kern.

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1.

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The elements of, standards for, and burden of proof in a claim for race
discrimination under Title VII.

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2.

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Plaintiff seeks any other damages or relief the court deems appropriate.

The claims and defenses arise under federal law. All of plaintiff’s claims are brought

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Plaintiff seeks removal of adverse reviews, ratings, and interview panel scores

The elements of, standards for, and burden of proof in a claim for retaliation under
Title VII.

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Trial briefs addressing the points of law implicated by these remaining claims shall be
filed with this court no later than 7 days before trial in accordance with Local Rule 285.

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ANY CAUSES OF ACTION OR AFFIRMATIVE DEFENSES NOT EXPLICITLY

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ASSERTED IN THE PRETRIAL ORDER UNDER POINTS OF LAW AT THE TIME IT

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BECOMES FINAL ARE DISMISSED, AND DEEMED WAIVED.

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IX.

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ABANDONED ISSUES
None.

X.

WITNESSES
Plaintiff’s witnesses shall be those listed in Attachment A. Defendant’s witnesses shall

be those listed in Attachment B. Each party may call any witnesses designated by the other.
A.

The court does not allow undisclosed witnesses to be called for any purpose,

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including impeachment or rebuttal, unless they meet the following criteria:

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(1)

The party offering the witness demonstrates that the witness is for the

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purpose of rebutting evidence that could not be reasonably anticipated at

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the pretrial conference, or

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(2)

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The witness was discovered after the pretrial conference and the proffering
party makes the showing required in paragraph B, below.

B.

Upon the post pretrial discovery of any witness a party wishes to present at trial,

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the party shall promptly inform the court and opposing parties of the existence of

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the unlisted witnesses so the court may consider whether the witnesses shall be

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permitted to testify at trial. The witnesses will not be permitted unless:

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(1)

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The witness could not reasonably have been discovered prior to the
discovery cutoff;

(2)

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The court and opposing parties were promptly notified upon discovery of
the witness;

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(3)

If time permitted, the party proffered the witness for deposition; and

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(4)

If time did not permit, a reasonable summary of the witness’s testimony

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was provided to opposing parties.
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XI.

Plaintiff’s proposed exhibits are listed in Attachment C.1 Defendant’s proposed exhibits

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EXHIBITS, SCHEDULES, AND SUMMARIES

are listed in Attachment D.

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No exhibit shall be marked with or entered into evidence under multiple exhibit numbers,

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and the parties are hereby directed to meet and confer for the purpose of designating joint

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exhibits. All exhibits must be pre-marked as discussed below. At trial, joint exhibits shall be

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identified as JX and listed numerically, e.g., JX-1, JX-2. Plaintiff’s exhibits shall be listed

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numerically and defendants’ exhibits shall be listed alphabetically. All exhibits must be pre-

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marked. The parties must prepare three (3) separate exhibit binders for use by the court at trial,

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with a side tab identifying each exhibit in accordance with the specifications above. Each binder

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shall have an identification label on the front and spine. The parties must exchange exhibits no

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later than 28 days before trial. Any objections to exhibits are due no later than 14 days before

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trial. The final exhibits are due September 13, 2018. In making any objection, the party is to set

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forth the grounds for the objection. As to each exhibit which is not objected to, it shall be marked

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and received into evidence and will require no further foundation.

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A.

The court does not allow the use of undisclosed exhibits for any purpose,

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including impeachment or rebuttal, unless they meet the following criteria:

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(1)

The party proffering the exhibit demonstrates that the exhibit is for the

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purpose of rebutting evidence that could not have been reasonably

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anticipated, or

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(2)

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The exhibit was discovered after the issuance of this order and the
proffering party makes the showing required in paragraph B, below.

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B.

Upon the discovery of exhibits after the discovery cutoff, a party shall promptly

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inform the court and opposing parties of the existence of such exhibits so that the

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court may consider their admissibility at trial. The exhibits will not be received

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The court remains concerned regarding plaintiff’s extensive exhibit list and anticipates that the
exhibits admitted into evidence at trial will be far fewer than those listed. These matters will be
resolved after objections are received and either on the first day of trial or during the trial.
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unless the proffering party demonstrates:

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(1)

The exhibits could not reasonably have been discovered earlier;

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(2)

The court and the opposing parties were promptly informed of their

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existence; and

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(3)

The proffering party forwarded a copy of the exhibits (if physically

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possible) to the opposing party. If the exhibits may not be copied the

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proffering party must show that it has made the exhibits reasonably

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available for inspection by the opposing parties.

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XII.

DISCOVERY DOCUMENTS

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Plaintiff and defendant may use the following discovery documents at trial:

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1.

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Set one, plaintiff’s request for production of documents and defendant’s responses

to plaintiff’s request for production of documents, set one.

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2.

Plaintiff’s motion to compel production of documents and defendant’s responses

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to plaintiff’s motion to compel production of documents (in re: plaintiff’s request for production

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of documents, set one).

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3.

Set one, special interrogatories to plaintiff and plaintiff’s responses to special

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interrogatories, set one.

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XIII.

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None.
XIV. STIPULATIONS

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FURTHER DISCOVERY OR MOTIONS

None.
XV.

AMENDMENTS/DISMISSALS
None.

XVI. SETTLEMENT
On June 22, 2018, the parties participated in a settlement conference with Magistrate

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Judge Jennifer L. Thurston presiding. The case did not settle at that time and the parties have

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been unable to reach a resolution of this matter. No further settlement conference will be

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scheduled absent a joint request for such conference by the parties.
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XVII. JOINT STATEMENT OF THE CASE

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The parties concur that an agreed statement of the facts is neither feasible nor advisable at

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this time.

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XVIII. SEPARATE TRIAL OF ISSUES

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None.
XIX. IMPARTIAL EXPERTS/LIMITATION OF EXPERTS
Plaintiff welcomes the court’s appointment of an impartial expert witness to testify to the

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nature and quantity of plaintiff’s damages. Defendant believes appointment by the court of

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impartial expert witnesses is not advisable, and that there should be no limitation of the number of

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properly disclosed expert witnesses.

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The court declines to appoint an impartial expert witness pursuant to Federal Rule of Civil

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Procedure 706. No motion for a court-appointed expert witness is currently pending before the

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court. Moreover, the court notes that the purpose of Rule 706 is to assist the court or the

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factfinder in analyzing complex issues, and not to assist parties in proving their cases. The court

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finds that none of the issues here are so complex as to warrant appointment by the court of an

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impartial expert witness.

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XX.

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ATTORNEYS’ FEES
Plaintiff, proceeding pro se, is not an attorney licensed to practice in any jurisdiction.

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Should plaintiff later obtain an attorney, or one is appointed by the court, plaintiff would seek

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reimbursement of legal and associated fees.

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XXI. TRIAL PROTECTIVE ORDER AND REDACTION OF TRIAL EXHIBITS

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No protective order is necessary.
XXII. MISCELLANEOUS
None.
XXIII. ESTIMATED TIME OF TRIAL/TRIAL DATE
Jury trial is set for September 18, 2018, at 8:30 a.m. in Courtroom 5 before the Honorable

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Dale A. Drozd. Trial is anticipated to last 3–5 days. The parties are directed to Judge Drozd’s

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standard procedures available on his webpage on the court’s website.
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The parties are to contact Judge Drozd’s courtroom deputy, Jami Thorp, at (559) 499-

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5652, one week prior to trial to ascertain the status of the trial date.

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XXIV. TRIAL BRIEFS

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As noted above, trial briefs are due 7 days before trial.
IT IS SO ORDERED.
Dated:

August 30, 2018
UNITED STATES DISTRICT JUDGE

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ATTACHMENT A: Plaintiff’s Witnesses

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Adam Dupree
2829 20th Street West
Rosamond, CA 93560
Alecia Lashon Jackson
8401 Dogwood Ave
California City, CA 93505

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Cordelia Neal
8561 Catalpa Ave
California City, CA 93505
Craig L. Robbins
785 Tucker Rd, APT G119
Tehachapi, CA 93561
Debbie Spears
8907 Penticton Ct
Bakersfield, CA 93312

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Debra L. Davis (aka Debbie)
4600 Brewer Ave
Bakersfield, CA 93306
Dena Marie Murphy
3401 Claremont Dr
Bakersfield, CA 93306
Donald Burke
21047 Santa Barbara Dr, Apt D
Tehachapi, CA 93561

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Donna M. Foster
45135 Parkview Ln
Lancaster, CA 93535
Dywane Stonum
4725 Panama Lane D3-246
Bakersfield, CA 93313
James A. McClellan
41721 Zinfandel Dr
Palmdale, CA 93551

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James Neal, III
8561 Catalpa Ave
California City, CA 93505
Jayna R. Clark
16193 H St, APT 109
Mojave, CA 93501

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Judith Anne Brown
2300 State Highway 58
Mojave, CA 93501
Karissa Anne Tonoli
21047 Santa Barbara Dr, Apt D
Tehachapi, CA 93561
Kimberly Rae Millovitsch
21312 Woodford Tehachapi Rd
Tehachapi, CA 93561

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Lorraine D. Kember
20394 Airway Blvd
California City, CA 93505
Maria Gutierrez
1410 N Oakdale Ave
Rialto, CA 92376
Marion Santana
217 West E St
Tehachapi, CA 93561

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Melissa Callison
156 55th W St
Rosamond, CA 93560
Michael Goulart
12306 Marshfield Way
Bakersfield, CA 93312
Patricia Ann Gable
21119 Kenniston St
California City, CA 93505
Ramona Faucette
2500 Dore Dr
Bakersfield, CA 93304

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Robert Gibson
1001 17th Street
Bakersfield, CA 93301
Sean Robert Borden
5325 Cangas Dr
Agoura, CA 91301

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Shannon Lee Oastler
3906 Amherst Forest Rd
Bakersfield, CA 93313
Sonya Hannon
15601 O St
Mojave, CA 93501
Tameika Marie Cannon
2600 Brookside Dr, Apt 31
Bakersfield, CA 93311

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Tony Lopez
County of Kern
1115 Truxtun Ave, First Floor
Bakersfield, CA 93301
Tracy Henry
(Unknown at this time)
Kern County Area
Tracy Lynn Selph
803 James St
Ridgecrest, CA 93555

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ATTACHMENT B: Defendant’s Witnesses

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WITNESS

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Patricia Gable (Care of County of Kern aka Kern County Counsel)

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2.

Tracy Selph (Care of County of Kern aka Kern County Counsel)

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3.

James McClellan (Care of County of Kern aka Kern County Counsel)

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4.

Shannon Oastler (Care of County of Kern aka Kern County Counsel)

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5.

Debbie Spears (Care of County of Kern aka Kern County Counsel)

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Debra Davis (Care of County of Kern aka Kern County Counsel)

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Mellissa Callison (Care of County of Kern aka Kern County Counsel)

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Michael Goulart (Care of County of Kern aka Kern County Counsel)

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ATTACHMENT C: Plaintiff’s Exhibits

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1001 - Initial Disclosures, Dated July 30, 2017 with Proof of Service

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1002 - Defendants Answer To Plaintiff’s Complaint Of Title VII Retaliation And
Discrimination (Disparate Treatment), Document 28, Dated April14, 2017
1003 - Order Granting In Part And Denying In Part Defendants’ Motion To Dismiss
(Doc. No. 15), Document 26, Dated March 20, 2017
1004 - Order Granting Defendants’ Motion for Judgment On The Pleadings (Doc No. 29),
Doc 37, Dated June 15, 2017
1005 - Complaint for Employment Discrimination, Case No. 1:16 CV001076 DAD JLT,
Jury Trial, Document 1, Filed 07-26-16
1006 - EEOC Notice of Charge of Discrimination to County of Kern and Board of
Supervisors – 04-02-2014 (In Re PLT Stonum)
1007 - Dywane Stonum – County of Kern Notes – Beginning Jun 8, 2013 and Ending Jan
10, 2014. FILE NOTE Ending Jan 25, 2014
1008 - PLT’s Courtesy Notice of EEO Discrimination Complaint Filing with Kern County –
01-17-2014 to Robert Gibson, Union Rep, SEIU Local 521, Dated Jan 21, 2014
1009 - Employee Performance Evaluation for Plaintiff – 04-11-2013

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1010 - Employee Performance Evaluation for Plaintiff – 04-26-2013

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1011 - Employee Performance Evaluation for Plaintiff – 05-13-2013

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1012 - Employee Performance Evaluation for Plaintiff – 05-24-2013

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1013 - Biweekly Conference Reports for Plaintiff – 06-07-2013

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1014 - Biweekly Conference Reports for Plaintiff – 06-26-2013

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1015 - Biweekly Conference Reports for Plaintiff – 07-22-2013
1016 - Kern County DHS – Memo of Concern – July 25, 2013
1017 - PENDING – Mojave Office Count – July 25
1018 - CalWORKS Training Attendance Form – Dated 8-17-2013

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1019 - Biweekly Conference Report for Plaintiff – 09-12-2013

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1020 - Handwritten Note by Human Services Supervisor, Patricia Gable, 09-12-13.

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1021 - Biweekly Conference Report for Plaintiff – October 4, 2013

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1022 - Plan of Action to Catch-Up – S31A – D. Stonum – 10-04-2013

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1023 – Employee Performance Report for Dywane Stonum – Promote to HST-II – Signed
10-11-2013 – Copy Received 12-13-2013 from HR
1024 - Change of Employee Status – Promote HST I to HST II – Effective 9-23-2013
(County of Kern – DHS) for Plaintiff – Dated 10-28-2013
1025 - Bi-Monthly Conference Report for Plaintiff – 11-01-2013

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1026 - Bi-Monthly Conference Report for Plaintiff – 11-15-2013

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1027 - E&FS Human Services Technicians Core Competencies – Signed 11-15-2013

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1028 - Conference – Trish Gable Handwritten Note – Signed 11-18-2013

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1029 - Monthly Conference Report – 12-11-2013

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1030 - Human Services Technician I – East Kern Exam No. 5624 – 08-20-12

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1031 - County of Kern – Personnel Department – Human Services Technician Score for
Dywane Stonum – 92.00%, Dated – Postmarked Nov 21, 2012
1032 - Certification For Plaintiff From Civil Service Commission – Human Services
Technician I – Mojave – RE CERT. 48957 – Interview Appointment, Dated MAR 1, 2013
1033 - Patricia Cheadle, Director of Human Services – Mojave Office Visit – E-mail
Correspondence With Dywane Stonum (06-17-2013, 07-08-2013, 09-04-2013)
1034 - Plaintiff’s e-mails with Kern’s Debbie Davis, HR Manager, 09-04-2013, [Racial
Discrimination, Disparate Treatment, Hostile Work Environment etc.]
1035 - Plaintiff Reconfirms e-mail Complaint with Kern’s Debbie Davis, HR Manager, 0930-2013, [Racial Discrimination, Disparate Treatment, Hostile Work Environment]
1036 - PLT’s e-mail Davis, HR Manager, Unlawful Discrimination, Wrongful Termination
and etc., 01-16-2014; Cheadle, Director; Gibson, SEIU Rep; Spears, HR Staff Dev
1037 - Kern’s Examination Score 74% To Plaintiff – Social Service Worker I-II,
Postmarked Jan 14, 2013
1038 - Kern’s Certification Notice to Plaintiff – Social Service Worker I-II, Dated NOV 5,
2013
1039 - Plaintiff’s Typing Proficiency Certificate. Net Words Per Minute 75. Dated 11-12-13.
Kern County Superintendent Of Schools Office
1040 - Kern’s Social Service Worker I-II Exam No, 5691 – Job Bulletin – 11-05-12
1041 - Letter from KCDHS. Plaintiff not recommended for hire for Social Service Worker III position – Dated 12-04-3013
1042 - PLT Letter to Debbie Davis (Complaint of Discrimination and Retaliation – Not
Hired Social Service Wkr I-II) – 12-20-2013 (CC Spears, Cheadle, Gibson, SEIU)
1043 - Emails – Plaintiff and Debbie Davis. SSW I-II. Pulling of Panelist packets. 12-232013 and 01-02-2014
1044 - County of Kern – KC – 10-31-13 Mojave Daily Counts
1045 - County Eligibility Worker Formal Certification Exam Certificate to Dywane Stonum
– 09-27-2013
1046 - County Eligibility Worker CalHEERS Course Certificate to Dywane Stonum – 0927-2013
1047 - State Investigation Unit – SIU Ride Along Email 05-24-13 and Schedule for Plaintiff,
DEF Scheduled PLT Last During Floor Training Day – 06-14-13
1048 - PLT’s EEO Discrimination Complaint with Kern County – Form Faxed to PLT 0109-2014, PLT Sign Jan 17, 2014 (EEOO Gave PLT Wrong Filing Deadline) – Pages 1-2
1049 - PLT’s EEO Discrimination Complaint (ATTACHMENT) with Kern County – Jan
17, 2014 (EEOO Gave PLT Wrong Filing Deadline)
1050 - Kern’s Purported Employee Performance Report for PLT. Dated 1-3-14 (Gable,
Selph) [PLT Contends Document Fraud by Kern] – Copy to DS was via USPS – 01-23-2014
1051 - PLT 02-26-14 Fax Michael Goulart EEOO – Purported Employee Performance

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Report 01-03-14, Postmarked 01-23-14 NOT Same Shown PLT 01-03-14 – Kern Document
Fraud
1052 - PLT Courtesy Notice EEO Discrimination Complaint Filing with Michael Goulart –
Kern County – 01-17-14 to Robert Gibson, Rep., SEIU Local 521, Dated 01-21-14
1053 - Plaintiff’s County of Kern – State of California – Grievance Form – Dated 02-032014 – Department – 5120 – Human Services (DHS) – Tracy Selph – Patricia Gable
1054 - PLT E-mail to Patricia Gable, HS Sup., Tracy Evaluation Words Removed, Gable
Shred Signed Doc., PLT Requests Dept. Head, Tony Lopez, Fri, 10-11-13 at 5-13 PM
1055 - PLT’s e-mail Kern’s Debbie Davis, HR Manager, Unlawful Discrimination,
Wrongful Termination etc. 01-16-2014; Cheadle, DHS; Gibson, SEIU; Spears, HR Staff
Dev
1056 - PLT’s e-mail Kern’s Debbie Davis, HR Manager, Notice of Non-Abandonment of
Employment (Misled by Sup. and Asst. Progm Dir. 01-07-2014) Gable - Selph
1057 - PLT’s e-mail Gibson, SEIU 521, Mojave Office Unlawful Discrimination,
Evaluation Handout Terminatin, Told Just Read It, 01-06-2014, Davis HR Manager
1058 - PLT’s SSW-I-II, Ongoing Discrimination, Interview Panel E-mail 12-23-2013,
Kern’s Debbie Davis, HR Manager, 01-02-2014 Reply- Will Pull Panelist Packets
1059 - PLT’s SSW Ltr. Davis HR 12-20-2013, Mojave Interview Panel, Selph Do You
Know Who I Am! Gable, McClellan WTW Sanction Minority Client Discrimination
Retaliate
1060 - EEOC Letter to PLT- Concluded Investigation - Limited Resources and etc - 0428-2016
1061 - Kern’s Social Service Worker I-II Exam No, 5691- Job Bulletin- 11-05-12
1062 - Plaintiff’s Typing Proficiency Certificate. Net Words Per Minute 75. Dated 11-1213. Kern County Superintendent Of Schools Office
1063 - Social Service Worker I – II - Interview Panel for Plaintiff - DHS (Civil Service) Tracy Selph, James McClellan, Shannon Oastler - 11-15-2013
1064 - PLT’S County of Kern Statement of Earnings and Deductions - 09-03-2013 SEIU - BU3 - REPRESENT FEE
1065 - PLT’S County of Kern Statement of Earnings and Deductions WITH HISTORY
Report - 01-07-2014 - BU3 - SEIU - UNION DUES
1066 - Employee Performance Evaluation for Plaintiff and Attachment - HST I - 04-112013 – Unsigned
1067 - Employee Performance Evaluation for Plaintiff and Attachment - HST I - 04-262013
1068 - Employee Performance Evaluation for Plaintiff and Attachment - HST I - 05-132013
1069 - Employee Performance Evaluation for Plaintiff and Attachment - HST I - 05-242013 – Unsigned
1069 - State Investigation Unit - SIU Ride Along Schedule for Plaintiff, DEF Scheduled
PLT Last During Floor Training Day - 06-14-13
1070 - PLT Employee Performance Report Promote HST I-II, Gable 10-11-13 Spears 1015-13, Req. Rating Appt Dept Head Tony Lopez, Denied COPY DS 12-13-13-Davis HR
Mgr
1071 - Change of Employee Status - Effective 09-21-13 (County of Kern - DHS) for
Plaintiff – HST 1 to HST 2 - Prepared 10-28-2013
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1072 - Charge of Discrimination - Race Retaliation Age - CA Dept. of Fair Employment
and Housing - EEOC Number 480-2014-01619C - Dywane C. Stonum- Dated 04-172014
1073 - Notice to Complainant and Respondent - Dual Filing DFEH US-EEOC - EEOC
Number 480-2014-01619C - Krause, Clerk - Kern Board of Supervisors, Dated 04-172014
1074 - Anthem Blue Cross – Plaintiff’s Health and Dental Coverage (while with County
of Kern) ID- KEKCK9027927
1075 - PLT’S SEIU Local 521 - Payroll Deduction Authorization and MEMBERSHIP
APPLICATION - Dated 09-27-2013 - Walked-In to Bakersfield Office by Plaintiff
1076 - PLT’S County of Kern Statement of Earnings and Deductions - 06-25-2013 - BU3
- SEIU REPRESENT FEE
1077 - EDD Notice of Unemployment Insurance Claim Filed - County of Kern (Dywane
C Stonum) - Mail Date - 01-16-2014
1078 - EDD Notice of Unemployment Insurance Award- Dywane Stonum - Mail Date
01-16-2014
1079 - Charge of Discrimination - Kern County - Race Retaliation Age - EEOC Number
480-2014-01619C - Dywane C. Stonum - Dated 04-17-2014
1080 - Notice to Complainant and Respondent - Dual Filing DFEH US-EEOC - EEOC
No. 480-2014-01619C - Krause, Clerk - Kern Board of Supervisors, Dated 04-17-2014
1081 - Summary of Proceedings - Board of Supervisors - County of Kern - Notice of
Charge of Discrimination- Dywane C. Stonum vs. County of Kern, June 17, 2014
1082 - Kern County Deferred Compensation Plan- Dywane Stonum Account
Information- 06-12-2013
1083 - EDD UI Benefits (Dywane Stonum) - UI Online - 12-29-2013 and 10-18-2015

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1084 - Plaintiff’s EDD Claim 01-26-14 to 02-08-14

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1085 - Plaintiff’s Statement of Earnings and Deductions County of Kern - 02-04-2014

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1086 - PLT’s Statement of Earnings and Deductions - 02-04-2014

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1087 - Great West Financial - Kern County Deferred Compensation Plan Disbursement
Check- Dywane Stonum - Feb 10, 2014
1088 - Great West Financial - Kern County Deferred Compensation Plan Disbursement
Check - Dywane Stonum - Feb 10, 2014 (Continued)
1089 - Great West Financial - Kern County Deferred Compensation Plan Disbursement
Check - Dywane Stonum - Feb 10, 2014 (Check Sort)
1090 - United States Marshalls Service – Summons - County of Kern - Debbie Spears Tracy Selph - Patricia Gable - Shannon Oastler - Debra Davis - James McClellan - 09-142016
1090 - US Marshalls – Summons - County of Kern - Spears – Selph – Gabl e- Oastler –
Davis - McClellan - 09-14-2016
1091 - Labor Commissioner - State of CA - Notice of Claim Filed - County of Kern – 1216-2015
1092 - Labor Commissioner - State of CA - Review Letter - County of Kern - 01-30-2017
1093 - Human Services Technician Exam Number 5624 - County of Kern - 08-20-12

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1094 - Debbie Davis - Social Service Worker – I - Response to Plaintiff's Interview Panel
Decision Complaint - Discrimination Mojave Office - 01-02-2014 (Day Before Plaintiff’s
Dismissal)
1094 - Debbie Davis - SSW- I - Reply to PLF’s Interview Panel Complaint Discrimination Mojave Office - 01-02-2014 (Day Before PLF’s Dismissal)
1095 - Email - Director Pat Cheadle’s Surprise Visit to the Mojave Office is Graciously
Received by PLT - 06-17-2013
1096 - Stonum Email to Debbie Davis - Ongoing Racial Discrimination - Disparate
Treatment - Hostile Mojave Office 09-04-2013
1097 - Email From Davis HR - Responding to Plaintiff’s Dismissal and Complaint Status
Inquiry - 01-17-2014
1098 - Plaintiff Update to Gibson - SEIU - Unlawful Discrimination - Mojave Office - cc
Cheadle Spears Davis - 01-06-2014
1099 - PLT Email to Debbie Davis - Subjection to Unlawful Discrimination and
Wrongful Termination – Hostile - 01-16-2014
1100 - Davis (Payroll) Email to PLT Regarding Final Paycheck Process - 01-21-2014
1101 - PLT Resends Email WITH ATTACHMENT to Debbie Davis RE SSW-I
Interview Panel - Discrimination Mojave Office - 12-23-2013
1102 - PLT’s FILE NOTE - Rejection of Gable’s and Selph’s Employee Performance
Report - Dismissal 01-03-2014 - Fraud - Not the SAME as TABLE HANDED to PLT
(No Copy Given)
1103 - Note - PLT Returned Michael Goulart of Kern EEO Office’s Call - 02-05-2014
1104 - County of Kern SIU Ride Along Schedule Email to PLT and Other Employees 05-23-2013
1105 - PLT’s White Co-Worker and Title VII Comparator, Donald Burke, Sends Message
To PLT Stonum (Black - African American) Regarding Joint Lawsuit Against Former
Employer County of Kern on 01-22-2014
1106 - July Unit Assignments - County of Kern Mojave Office - 2013
1107 - September Unit Assignments - County of Kern - Mojave Office 2013
1108 - October Unit Assignments - County of Kern - Mojave Office 2013

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1109 - December Unit Assignments - County of Kern - Mojave Office 2013

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1110 - Mojave Office Office Alternate Supervisors - 07-01-2013

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1111 - September 2013 - 5-40 Schedule - DHS Mojave Office

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1112 - Mojave Alternate Supervisors - Updated 09-30-2013

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1113 - Mojave Alternate Supervisors - Updated 11-11-13

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1114 - PLT Letter to Debbie Davis HR - Social Service Worker I - Mojave - Interview
Panel - Discrimination - Retaliation - 12-20-2013
1115 - Email from County of Kern Supervisor Tameika. Surprised With Dismissals of
PLT Stonum (Black) and Comparator Co-Worker Burke (White) - 02-05-2014
1116 - PLT’s Groupwise E-Mail History Log (Title VII Discrimination Complaints Race Disparate Treatment Retaliation) - 07-08-13 to 12-28-13
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1117 - Rules of the Civil Service Commission - County of Kern - State of California Revised November 12, 2013
1118 - Unlawful Discrimination Impact Chart - Kern DHS Trish Tracy James (MOjave)
04-01-13 to 01-03-14
1119 - Unlawful Discrimination Excerpt Log - Kern DHS - Trish Tracy James (MOjave)
04-01-13 to 01-03-14
1120 - County of Kern's Grievance Form - Dywane Stonum - 02-03-2014 (Selph Asst.
Prog. Director - Gable HS Supervisor)
1121 - PLT’s Fax to Michael Goulart EEO Officer - County of Kern - EPR Dated 01-0314 NOT Same - (Fraud) - cc Gibson SEIU - Gilbreath - 02-26-2014
1122 - Human Services Technician I – Definition - Revised June 2004

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1123 - County of Kern - KC - 1-8-2014 Mojave Daily Counts

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1124 - County of Kern - KC 12-30-13 Mojave Daily Counts
1125 - Social Service Worker I Definition - Revised December 2008
1126 - PLT’s Employee Performance Report of 10-11-13 - PLT Received COPY on 1213-2013 from Debbie Davis HR Manager
1127 - Email - Director Pat Cheadle’s Surprise Visit to the Mojave Office is Graciously
Received by PLT- 06-17-2013 (YHCopy)
1128 - Melissa Callison - PLT’s Mentor and Shop Steward - F-Step Victory in County Backpay to Melissa 4925.87 - SEIU - No Date
1129 - County of Kern – KC - 11-27-13 Mojave Daily Counts

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1130 - PLT’s California Wages and Withholdings 2014 - 2015 - 2016 - 2017 - FTB
Printout
1131 - PLT’s W2 - 2013 HR Block Enterprises LLC

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1132 - PLT’s W2 - 2013 - County of Kern

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1133 - PLT’s W2 - 2014 - County of Kern

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1134 - PLT’s W2 - 2014 - Inland Respite Inc

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1135 - PLT’s W2 - 2015 - County of Mendocino
1136 - PLT’s W2 - 2015 - Inland Respite Inc
1137 - PLT’s Employee Performance Report - 3-Month Review - Dismissal - HST 2 - Do
Not Rehire - USPS Postmarked Envelope 01-23-2014 - Debbie Davis - HR Manager
1138 - Postmarked Envelope Feb 03 (2014) from Bedard CPA - Auditor-ControllerCounty Clerk-County to Kern
1139 - County of Kern - Statement of Earnings and Deductions - Dywane Stonum - Issue
Date 04-16-13
1140 - County of Kern - Statement of Earnings and Deductions - Dywane Stonum - Issue
Date 02-04-14
1141 - Letter to PLT Stonum from Kern County Department of Human Services - SSW-III - Do Not Hire Letter and Envelope - Dated 12-04-2013
1142 - PLT Stonum’s Human Services Technician Score 92% - County of Kern - Front
and Back of Card - Job Number 5624
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1143 - Notice of Interview from County of Kern to PLT for Human Services Technician I
- Mojave - Dated MAR 1, 2013
1144 - Notice of Score 74% to PLT for Social Service Worker I-II - County of Kern Front and Back of Card - JAN 14, 2013
1145 - Notice of Interview to PLT for Social Service Worker I-II - County of Kern - Front
and Back and Envelope - 11-05-2013
1146 - County of Kern Personnel Department - RECEIPT to PLT for Discrimination
Complaint Questionnaire - JAN 17, 2014 - EEO Division
1147 - County of Kern Personnel Department - PLT’s Discrimination Complaint
Questionnaire - Pages 1 and 2 Only - JAN 17, 2014 (Faxed to around DS 01-09-2014)
1148 - County of Kern Personnel Department - PLT’s Discrimination Complaint
Questionnaire ATTACHMENT Only - JAN 17, 2014
1149 - Unlawful Discrimination Impact Chart - Kern DHS - Trish Tracy James (MOjave)
04-01-13 to 01-03-14 (Marked HST I and HST II - Unlawful Discrimination Impact
Trends)
1150 - Plaintiff’s Request for Leave of Absence - Auto Accident - County of Kern - Days
05-17-2013 - 05-20-2013-Dated-06-24-2013
1151 - Loyola Marymount University - College of Liberal Arts (Plaintiff's Bachelor of
Arts Degree) - 12-31-1983
1152 - County of Kern - State of California - Department of Human Services Employee
Handbook - Employee Manual - Revised 8-17-2012 - Pat Cheadle - Director
1153 - Memorandum of Understanding - March 27, 2012 through March 27, 2015
(County of Kern & SEIU Local 521)
1154 - County of Marin E-mail to Plaintiff Dywane Stonum - Eligibility Worker II
Certification 07-30-2018 and 08-01-2018
1155 - Plaintiff’s COBRA Dental and Vision Election - Medical with ASI Admin
Solutions - 03-04-2014 (Post Kern County Termination)
1156 - Plaintiff’s COBRA Dental and Vision Election - Medical with ASI Admin
Solutions - 03-04-2014 (Post Kern County Termination) - Signed CK
1157 - PLT 02-26-14 Fax Michael Goulart EEOO - Purported Employee Performance
Report 01-03-14, Postmarked 01-23-14 NOT Same Shown PLT 01-03-14 - Kern
Document Fraud - Fax Header
1158 - PLT 02-26-14 Fax Michael Goulart EEOO - Purported Employee Performance
Report 01-03-14, Postmarked 01-23-14 NOT Same Shown PLT 01-03-14 - Kern
Document Fraud
1159 - PLT’S County of Kern Statement of Earnings and Deductions - 01-07-2014 - BU3
- SEIU - UNION DUES
1160 - PLT’S County of Kern Statement of Earnings and Deductions - 01-21-2014 - BU3
- SEIU UNION DUES
1161 - PLT’s Letter to Michael Goulart - Kern County’s EEO Officer - Regarding Kern’s
EEO Report of March 21, 2013 - STONUM does NOT AGREE - Dated April 16, 2014 CERTIFIED RETURN RECEIPT REQUESTED
1162 - Plaintiff’s Quartz Hills Lease Agreement - July 23, 2013
1163 - Certificate of Achievement - Dywane Stonum - Human Services Technician
Induction Training Class - May 2013 - County of Kern
1164 - EEOC Notice Charge of Discrimination In Re County of Kern et al - 04-17-2014
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1

(In Re PLT Stonum)

2

1165 - EEOC Dismissal and Notice of Rights - In Re County of Kern et al - 04-28-2016
(In Re PLT Stonum’s Charge of Discrimination)
Stonum Letter - Eligibility Worker II Certification - 08/03/2018

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ATTACHMENT D: Defendant’s Exhibits

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3

DOCUMENT TYPE
1.

Employee Performance Reports

2.

Personnel File

20

3.

Memorandum of Concern

21

4.

Facsimile

5.

Complaint

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6.

Responses

25

7.

Investigation Reports

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8.

Emails

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DOCUMENT DESCRIPTION
•

Employee Performance Report for
performance period April 1, 2013 to June 9,
2013.
• Employee Performance Report for
performance period April 1, 2013 to
September 2, 2013.
• Employee Performance Report for
performance period September 21, 2013 to
December 14, 2013.
• Application for Examination submitted by
Plaintiff dated 8/29/2012.
• Application for Examination submitted by
Plaintiff dated November 8, 2012.
• Job Description for Human Resources
Technician I.
• Receipt of Mojave Department of Human
Services District Office Protocol Handbook,
signed by Plaintiff on April 1, 2013.
• Kern County Department of Human Services
Statement of Receipt, signed by Plaintiff on
April 1, 2013.
• Kern County Department of Human Services
Code of Ethics.
• June 3, 2013 CalWORKS Training
Attendance Form.
• June 5, 2013 Training Attendance Form.
• June 6, 2013 Training Attendance Form.
• Critical Task Triggers for December 2013.
July 25, 2013 Memorandum of Concern from
Patricia Gable to Plaintiff.
June 9, 2014 Facsimile from Plaintiff.
May 12, 2014 facsimile regarding Plaintiff’s
Complaint of discrimination.
September 4, 2013 email to Debbie Davis regarding
alleged discrimination from Plaintiff.
July 25, 2014 Inter Office Memo regarding
Discrimination Complaint of Plaintiff.
March 21, 2014 EEO Report regarding
Discrimination Complaint of Plaintiff.
• September 4, 2013 email exchange between
D. Davis and Plaintiff in which D. Davis
instructs Plaintiff how to submit complaint of
discrimination.
21

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9.

Records Related To Work
Performance
10. Notes related to Social Worker
Interview

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11. Civil Service Rules
12. EEOC Response

September 27, 2013 follow-up email to
Plaintiff from D. Davis stating that D. Davis
had not received any information from
Plaintiff.
• September 30, 2013 email from Plaintiff to
D. Davis stating that Plaintiff would be
attempting to resolve issue through union.
• December 23, 2013 email exchange from
Plaintiff to Debbie Davis in response to
decision not to hire.
• January 2, 2014 email chain between Debbie
Davis and Plaintiff responding to Interview
Panel decision not to hire.
• January 6, 2014 email from Plaintiff to SEIU
regarding Plaintiff’s termination.
• January 7, 2014 email between Plaintiff and
D. Davis regarding Plaintiff’s termination.
• January 16, 2014 email between Plaintiff and
D. Davis in which D. Davis informs Plaintiff
on how a formal complaint is filed with the
county after termination.
• January 30, 2014 email between Plaintiff and
D. Davis in which D. Davis tells Plaintiff that
he will be receiving deferred compensation
on February 7, 2014.
• Various Emails between Gable, Davis,
Spears and Plaintiff.
Complaints lodged against Plaintiff by clients
(undated).
• Interview Questions.
• Interview Panel’s notes regarding Plaintiff’s
performance during interview for Social
Worker Position.
• Inter office Memo regarding
recommendation for hire.
Civil Service Rule, 1800
August 22, 2014 Response to EEOC from County of
Kern

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