UNITED STATES OF AMERICA et al v. MICROSOFT CORPORATION
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) )
MARY V. PHILLIPS, Plaintiff, vs. DAVID RUBENSTEIN, et al., Defendants
Case No.: 1:05 CV-00862 (ESH)
STATEMENT OF DISPUTED MATERIAL FACTS Pursuant to LCvR 7 and 56.1, Plaintiff Mary V. Phillips submits the following disputed statement of facts. 1. 2. Undisputed. Disputed. In 1997, Plaintiff filed an EEO complaint for sexual harassment and retaliation against Paul
Alper. See Deposition of Mary Phillips ("Phillips Dep.") PX002 at 57:3-19. 3. 4. 5. 6. 7. 8. 9. Undisputed. Undisputed. Undisputed. Undisputed. Undisputed. Undisputed. Disputed. On September 13, 2002, Rosenthal invited all members of the juvenile division to apply for the
positions of Acting Section Chief and Possibly Acting Trial Supervisor by September 16. PX003, p.649. On or about September 16, 2002, Plaintiff submitted her application for Acting Section Chief. PX001A, p. 20. On September 17, Rosenthal sends an e-mail to Plaintiff and others thanking them for their "interest in one of the acting positions that may be open. Id. 10. Disputed. The accomplishments outlined in Plaintiff's written submission address five and one-half of the
seven criteria. PX003 p. 644.
11. a. Disputed. Plaintiff's accomplishments outlined in her written submission reflect a knowledge of
Juvenile Section Policy and Procedures. PX003, p. 647-48. b. Disputed. Plaintiff's accomplishments outlined in her written submission reflect an ability to
quickly complete complex legal research. PX003, p. 647-48. c. Disputed. Plaintiff's accomplishments outlined in her written submission reflect an in-depth
knowledge of Title 16-2301, the Juvenile Rules, and Supreme Court precedent. d. Disputed. Plaintiff's accomplishments outlined in her written submission reflect an in-depth
knowledge of the legal concepts contained in 4th, 5th and 6th law and the concepts therein. PX003, p. 64748. 12. Disputed. Phillips explained in her email, "unfortunately, I have not been given the opportunity to review
the pleadings of others, other than those that I have done on my own with the other YSA attorneys." PX003, p. 650. 13. 14. 15. 16. 17. 18. 19. Undisputed. Undisputed. Undisputed. Undisputed. Undisputed. Undisputed. Disputed in part. The review panel rated Plaintiff's performance for fiscal year 2001 as meets expectation
as a result of Rosenthal's failure to provide the necessary justification for his ratings of "exceeds" as required by Department policy. PX 004A. 20. 21. 22. Undisputed. Undisputed. Disputed in part. The Corporation Counsel denied Plaintiff's appeal as to element five due to Rosenthal's
failure to provide any justification for an "exceeds" rating as he was directed to do by the Evaluation Panel. ****
23. 24. 25. 26. 27.
Undisputed. Undisputed. Undisputed. Undisputed. Disputed. The statement is speculation, not "fact." Two of the hearings were covered. The consequence
of failing to the third, the government failed to respond to a motion to dismiss that it would not have opposed in any event. PX005 p162-163. 28. 29. Undisputed. Undisputed.
Respectfully submitted, /S/ Curt S. Hansen ______________________________________ CURT S. HANSEN, D.C. Bar 414782 Hansen & Associates, P.C. 419 7th St., N.W., Suite 405 Washington, D.C. 20004 (202) 638-6700 (202) 638-4279 Fax
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