Schluckebier v. Assisted Living Concepts

Filing 68

PRETRIAL ORDER - estimated length of trial is 3 days; Jury Trial set for 3/18/2013 at 09:00 AM in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE before Senior Judge Richard G. Kopf.Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

VICKI L. SCHLUCKEBIER,
Plaintiff,
vs.
ASSISTED LIVING CONCEPTS, INC.,
Defendant.

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Case No.: 4:11-CV-03111

ORDER ON
FINAL PRETRIAL
CONFERENCE

A final pretrial conference was held on the 26th day of February, 2013. Appearing for the
parties as counsel were:
1.

Plaintiff’s attorney:
Gail S. Perry
Baylor, Evnen, Curtiss, Grimit & Witt, LLP
Wells Fargo Center
1248 “O” Street, Suite 600
Lincoln, NE 68508
402-475-1075

2.

Defendant’s attorney:
Raymond R. Aranza
Marks Clare Law Firm\
11605 Miracle Hills Drive
Suite 300
Omaha, NE 68154
402-492-9800

(A)

Exhibits. See attached Exhibit Lists.

(B)
Uncontroverted Facts. The parties have agreed that the following may be
accepted
as
established
facts
for
purposes
of
this
case
only:
1.
Vicki Schluckebier was employed by ALC from March 2, 2009 to February 9,
2010 as Residence Director at Greene House, an assisted living facility in Seward,
Nebraska. Vicki Schluckebier resided in Seward with her husband and daughter.

2.
One of the benefits offered by ALC as compensation to employees throughout
Vicki Schluckebier's employment was Short Term Disability benefits.
3.
Vicki Schluckebier became pregnant in 2009 and applied for Short Term
Disability benefits. She was approved for Short Term disability benefits from January
21, 2010 through March 3, 2010.
4.
Vicki Schluckebier took leave and was terminated on February 9, 2010 because
someone else had been hired to replace her.
5.
Vicki Schluckebier's Short Term Disability benefits ceased on February 9, 2010,
the date of her termination.
6.
The only way for Vicki Schluckebier to continue the Short Term Disability
benefits and receive her approved leave would be to remain employed with ALC through
March 3, 2010.
7.
During her employment Vicki Schluckebier worked at least 1250 hours. On
March 2, 2010, one day before the end of her paid maternity leave, she would have
worked at ALC one year.
8.
If she had remained employed, Vicki Schluckebier would have qualified for
FMLA leave on March 2, 2010, her one year employment anniversary date.
9.
Vicki Schluckebier would have been entitled to an additional 12 weeks of unpaid
leave and restoration to her position under the Family and Medical Leave Act (FMLA).
Defendant objects.
10.
The "key employee" exception to job restoration under the Family and Medical
Leave Act has not been plead and is not a defense in this case.
11.

The Defendant is an employer covered by the FMLA.

12.

The Defendant is an employer subject to Title VII of the Civil Rights Act of 1964.

13.

The Defendant is an employer subject to the Pregnancy Discrimination Act.

14.
Act.

The Defendant is an employer subject to the Nebraska Fair Employment Practices

15.
Act.

The Defendant is an employer subject to the Nebraska Wage Payment Collection

16.
Vicki Schluckebier's performance as an ALC employee was satisfactory during
her employment and her termination was not based on performance issues.

(C)
Controverted and Unresolved Issues. The issues remaining to be determined
and unresolved matters for the court’s attention are:
Plaintiff’s Controverted and Unresolved Issues:
1.
Whether the Defendant was free to terminate the Plaintiff's employment when she
was on approved paid maternity leave which was provided by ALC as a benefit and
which was fully earned at the time she was approved for and began the leave, when
terminating her employment would also end the benefits.
2.
Whether the Plaintiff was entitled to the full paid maternity leave for which she
was approved under the Nebraska Wage Payment and Collection Act, including all
benefits.
3.
Whether the Defendant improperly computed the Plaintiff's eligibility for FMLA
leave by failing to recognize she would reach her one year anniversary while she was on
approved paid maternity leave, and whether the Defendant's policy in that regard violates
the FMLA.
4.
Whether the Defendant's failure to restore the Plaintiff to her position as residence
director at the Seward Green House location violated the protections of the FMLA to
which she was entitled.
5.
Whether the Defendant illegally discriminated against the Plaintiff on the basis of
her gender and her pregnancy in violation of federal law.
6.
Whether the Defendant violated the Wage Payment and Collection Act by
disposing of the Plaintiff's submission for reimbursement.
7.
Whether the Defendant’s termination of the Plaintiff’s employment was in
retaliation for her request for and/or to keep her from obtaining benefits and protections
of the FMLA.
8.
Whether the Defendant gave the Plaintiff proper notice of her rights under the
FMLA
9.
Whether the Defendant terminated the Plaintiff’s employment in violation of the
FMLA and its implementing regulations.
10.
Whether the Defendant violated the Plaintiff’s FMLA rights to a protected leave
by failing to restore her to the same or equivalent position.

11. Whether, under the FMLA, the same or equivalent position includes a Residence
Director position in York, Nebraska or Wahoo, Nebraska, when the Plaintiff resides in
Seward, Nebraska.
12. Whether the Plaintiff is required to reapply for other positions with the Defendant to
mitigate damages when the termination is wrongful.
13. Whether the Defendant discriminated against the Plaintiff in her employment by
demanding more of Plaintiff than similarly situated employees because of her pregnancy
and need for leave.
14. Whether the Defendant discriminated against the Plaintiff in her employment by
replacing her based on the assumption that she was not going to return from leave.
15. Whether the Defendant breached the oral contract of employment with the Plaintiff
promising short-term disability benefits through March 3, 2010.
16. Whether the Defendant breached the oral contract of employment with the Plaintiff
by destroying and failing to honor the Plaintiff’s claim for reimbursement of business
related expenses.
17. Whether the Plaintiff reasonably relied on the Defendant’s promise that she would
receive short term disability benefits through March 3, 2010.
18. Whether the Defendant should have reasonably foreseen and expected Plaintiff to
rely on its promise of short term disability benefits through March 3, 2010.
19. Whether the Defendant fulfilled its promise to Plaintiff of short-term disability
benefits through March 3, 2010.
20. Whether the Defendant’s termination of the Plaintiff based on pregnancy is counter
to public policy and constitutes wrongful termination in violation of public policy.
21. Whether the Plaintiff was treated by the Defendant the same as other employees who
were not affected by pregnancy and childbirth, including the receipt of employee
benefits.
22. Whether the Defendant forced Plaintiff to work longer hours, made comments
regarding pregnant people and her own pregnancy, and otherwise created a hostile work
environment for her in violation of Title VII.
23. Whether the Defendant intentionally and/or recklessly inflicted severe emotional
distress upon the Plaintiff that no reasonable person should be expected to endure when it
treated her differently than non-pregnant employees in the workplace, and terminated her
employment, cut off her promised short term disability benefit, failed to allow her to

return to her position, and disposed of her tax documents and her expense reimbursement
request without paying her reimbursement.
DAMAGES:
SPECIAL DAMAGES:
1.
Short term disability from the date of termination to the end of the approved
leave.
2.

Back pay from the date of termination to the time of trail in the amount of annual
compensation and benefits (3/10/10/ to 12/15/11 = 93 weeks at $671.23 per week)
= $62,424.39.**

3.

Front pay from the time of trial forward in the amount of annual compensation
and benefits (12/15/11 to 12/14/13 = 104 weeks at $671.23 per week) =
$69,807.92.

4.

Expense reimbursement due from the defendant prior to termination.

The defendant does not agree to the amounts.
COMPENSATORY DAMAGES
ATTORNEYS FEES: Under the FMLA, WAGE PAYMENT AND COLLECTION
ACT, Title VII, Nebraska Pregnancy Discrimination Act or other legal basis.
PREJUDGMENT INTEREST:
Plaintiff is entitled to prejudgment interest on short term disability benefits and
unreimbursed expenses.
DOUBLE/TRIPLE DAMAGES AND PENALTIES IN FMLA AND WAGE
PAYMENT AND COLLECTION ACT.
1.
Whether the Defendant's failure to pay the full amount of the short term disability
benefits and/or failure to reimburse for expenses knowing and intentional under the
Nebraska Wage Payment and Collection Act.
2.
Whether the Defendant's violation of the FMLA was knowing and intentional, or
with reckless disregard.
PUNITIVE DAMAGES
1.

Whether the plaintiff is entitled to punitive damages.

Defendant’s Issues:
1.
Whether Defendant is entitled to an offset for all wages or income earned by
Plaintiff, including all unemployment benefits paid to Plaintiff
2.
Whether Plaintiff mitigated her damages, or whether any damages suffered by
Plaintiff are the result of her own conduct and not the conduct of Defendant.
3.
Whether Plaintiff unreasonably refused to accept available positions that were
open with Defendant at the time her employment was terminated or shortly thereafter.
4.
Whether Defendant reasonably believed its actions complied with the Family
Medical Leave Act.
5.
Whether all employment decisions made by Defendant as concerns Plaintiffs
employment was for non-discriminatory reasons.
6.
Whether Plaintiff is barred from recovery under the doctrine of laches or
promissory estoppel.
7.
Whether plaintiff’s leave benefits were earned once she was terminated form
employment.
8.
Whether Plaintiff is entitled to disability benefits pursuant to the Wage Payment
and Collection Act once she was terminated form employment.
10.
Whether defendant disposed of plaintiff’s submission for reimbursement of
expenses, and whether plaintiff submitted a form for reimbursement of expenses either
before or after her employment was terminated.
11.
Whether there was an oral contract of employment with plaintiff promising Short
Term Disability benefits through March 3, 2010.
12.
Whether there was an oral contract of employment with plaintiff as a result of
destroying or failing to honor plaintiff’s claim for reimbursement of expenses.
13.
Whether there was a promise to plaintiff of Short Term Disability benefits
through March 3, 2010.
14.
Whether plaintiff’s theory of termination based on pregnancy is recognized as a
wrongful termination in violation of public policy under Nebraska law.
(D)
Witnesses. All witnesses, including rebuttal witnesses, expected to be called to
testify, except those who may be called for impeachment purposes as defined in NECivR
16.2(c) only, are:

See Attached Witness Lists.
The parties agree that the depositions of Beth Block, Jamie DeMuth, and Kriste Korte
may be used at trial irrespective of whether the witnesses are available.
(E)
Expert Witnesses’ Qualifications. Experts to be called by plaintiff and their
qualifications are:
None.
Experts to be called by defendant and their qualifications are:
None.
(F)
Voir Dire. Counsel have reviewed Federal Rule of Civil Procedure 47(a) and
NECivR 47.2(a) and suggest the following with regard to the conduct of juror
examination:
Plaintiff has no special requests.
(G)
Number of Jurors. Counsel have reviewed Federal Rule of Civil Procedure 48
and NECivR 48.1 and suggest that this matter be tried to a jury composed of eight (8)
members.
(H)

Verdict. The parties will not stipulate to a less-than-unanimous verdict.

(I)
Briefs, Instructions, and Proposed Findings. Counsel have reviewed NECivR
39.2(a), 51.1(a), and 52.1, and suggest the following schedule for filing trial briefs,
proposed jury instructions, and proposed findings of fact, as applicable:
Trial briefs, proposed jury instructions, and proposed findings of fact shall be filed five
(5) working days before the first day of trial, as well as motion in limine.
(J)
Length of Trial. Counsel estimate the length of trial will consume not less than
two (2) day(s), not more than four (4) day(s), and probably about three (3) day(s).
(K)

Pending and Anticipated Motions.
Plaintiff’s Motion in Limine regarding the testimony of Michele Connot.
Plaintiff’s motion to prohibit supplemental responses to the written discovery
served in November by the plaintiff and the January deposition testimony of Io
Schug—pending before the undersigned magistrate judge.
The parties will submit a proposed protective order prior to trial.

(L)
Trial. Trial is set for March 18, 2013 for three trial days. The parties are advised
to contact Abby Ayodele ([phone]) or, in her absence, Colleen Beran ([phone])
for information of how to use the court’s evidence presentation technology.
VICKI L. SCHLUCKEBIER, Plaintiff

s/ Gail S. Perry
Gail S. Perry, #17569
Baylor, Evnen, Curtiss, Grimit & Witt, LLP
Wells Fargo Center
1248 “O” Street, Suite 600
Lincoln, NE 68508
402/475-1075
ASSISTED LIVING CONCEPTS, INC. Defendant

s/ Raymond R. Aranza
Raymond R. Aranza, #18523
Marks Clare Law Firm
11605 Miracle Hills Drive
Suite 300
Omaha, NE 68154
402-492-9800

BY THE COURT:

3/8/2013

___________________________________
United States Magistrate

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VICKI L. SCHLUCKEBIER,
Plaintiff,
vs.
ASSISTED LIVING CONCEPTS, INC.,
Defendant.
Will Call:
Vicki L. Schluckebier
699 Cory Drive
Seward, NE 68434
Sam Schluckebier
699 Cory Drive
Seward, NE 68434
Tim Dunne
Regional Director
Assisted Living Concepts, Inc.
W140 N 8981 Lilly Road
Menomonee Falls, WI 53051
Io Schug
Director of Human Resources
Heartland Division
Assisted Living Concepts, Inc.
W140 N 8981 Lilly Road
Menomonee Falls, WI 53051
Beth Block
70490 Sorensen Avenue
Steele City, NE 58440
Jamie DeMuth

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CASE NO. 4:11-CV-03111

PLAINTIFF’S WITNESS LIST

May Call:
Mary T. Zak-Kowalcyk, (F)
Assisted Living Concepts, Inc.
W140 N 8981 Lilly Road
Menomonee Falls, WI 53051
Rachel McMenamin (F)
Court Reporter
Thibault, Suhr & Thibault
6818 Grover Street
Omaha, NE 68127
Deb Neukirk
NEOC Investigator
Jamie Valdez
ALC/Extendicare
Fawn Ienn
Jake & Jessie Luebbe
1291 Clarissa Street
Goehner, NE 68364
Jeff & Melissa Luebbe
3496 Superior Road
Seward, NE 68434
Jon & Krista Burhoop
922 North 3rd Street
Seward, NE 68434
Kerry & Terry Stalsberg
809 North 7th Street
Sward, NE 68434
Joe & Andrea Baack
1133 North Columbia Avenue
Seward, NE 68434
Plaintiff reserves the right to call each and every witness identified by Defendant in this Pretrial
Order.
745382

Page 2 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

VICKI L. SCHLUCKEBIER,

)
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Plaintiff,
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)
v.
)
ASSISTED LIVING CONCEPTS, INC., )
)
Defendant. )

Vicki Schluckebier (will call)
Seward County, Nebraska

Sam Schluckebier (will call)
Seward County, Nebraska

Tim Dunne (will call)
Ada County, Idaho

Io Schug (will call)
Palm Beach County, Florida

Petra Misner (may call)
Lancaster County, Nebraska

Kristi Korte (will call)
Seward County, Nebraska

Case No. 4:11-cv-03111

DEFENDANT’S WITNESS LIST

Michelle Connot (may call)
Lancaster County, Nebraska
Records Custodian, NEOC
Lincoln, NE
Records Custodian, Assisted Living Concepts
Menomonee Falls, Wisconsin
The above witnesses may be called in Defendant’s case-in-chief or as rebuttal
witnesses in this matter. Defendant reserves the right to call each and every witness
identified by Plaintiff in this Pretrial Order.

J:\CMECF\Ending Digits\Zwart documents\Pretrial docs\defendant's witness list.docx

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
VICKI L. SCHLUCKEBIER,
Plaintiff ,
VS.
ASSISTED LIVING CONCEPTS, INC.,
Defendant.

Case Number: 4:11-CV-03111

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PLAINTIFF’S EXHIBIT LIST

Trial Date(s):
PLF

DF

DESCRIPTION

OFF

OBJ

1

Letter from Gail Perry to Io
Schug 4/16/10

R

2

Letter from Mary ZakKowalzcyk to Gail Perry
5/14/10

R

3

Letter from Deb Neukirch to
Mary Zak-Kowalscyk request
for additional documentation
4/5/11

4

Letter from Deb Neukirch to
Mary Zak-Kowalscyk request
for additional documentation
3/3/11

5

Assisted Living Concepts
position statement 9/29/10 by
Mary Zak-Kowalczyk

6

Letter from Mary ZakKowalczyk to Deb Neukirch
3/7/11 in response to request
for additional information

7

Title – Regional Director of
Operations

8

Assisted Living Concepts
FMLA Designation Notice
unsigned

RCVD

NOT RCVD

DATE

9

Letter from Lisabeth Richards
to Deb Neukirch 4/19/11 re
response to request for
documentation

10

Email from Rick Parker to
Mary Zak-Kowalczyk 4/14/11
re exception report

11

Nebraska Department of
Labor Hearing Transcript
from hearing on April 20,
2010

12

Certificate from court reporter
for hearing transcript

13

Io Schugg personal notes (not
yet produced)

14

Deposition of Vicki
Schluckebier

cumul
ative

15

Deposition of Sam
Schluckebier

cumul
ative

16

Deposition of Io Schugg

cumul
ative

17

Deposition of Tim Dunne

cumul
ative

18

Defendant’s Responses to
Plaintiff’s Request for
Admissions

cumul
ative

19

Defendant’s Supplemental
Answers to Plaintiff’s First
Set of Interrogatories

cumul
ative

20

Demonstrative Exhibit –
Timeline of ALC positions

R–
have
not
seen

Not prepared yet.
21

Emails to Tim Dunne from
Jamie Demuth and Tracy
Marcinski regarding
resignations (3 pages)

R

22

Fax from Vicki Schluckebier
to Physicians for Women
1/18/2010

Anything on Defendant’s Exhibit List
OBJECTIONS
R: Relevancy
H: Hearsay
A: Authenticity
O: Other (specify)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VICKI L. SCHLUCKEBIER,

)
)
Plaintiff,
)
)
v.
)
ASSISTED LIVING CONCEPTS, INC., )
)
Defendant. )

Case No. 4:11-cv-03111

DEFENDANT’S EXHIBIT LIST

Exhibit No.
Pl

DF

DESCRIPTION

101

Plaintiff’s Answers to
Defendant’s Interrogatories
(First Set)(Dep. Ex. 1)
(5 pages)
Vicki Schluckebier Resume
(Dep. Exhibit 2) (2 pages)
Job Description – Residence
Director (Dep. Ex. 3)(3 pages)
Letter to Vicki Schluckebier
from Io Schug dated February
11, 2009, signed by Vicki
Schluckebier on 4/28/09; (Dep.
Ex. 4) (2 pages)
Complaint and Demand for
Jury Trial; (Dep. Ex. 5)
(13 pages)
Email exchange between Vicki
Schluckebier and Tim Dunne
dated December 30, 2009 to
December 31, 2009 regarding
NSP’s;
(Dep. Ex. 6)(4 pages)
Memo from Tim Dunne to
Resident Director dated
October 13, 2009; (Dep. Ex.
7)(1 page)

102
103
104

105

106

107

OFF

OBJ

R

R

R

R

1

RCVD

NOT
RECD

DATE

108

109

110

111

112

113

114

115

116
117
118
119
120
121

Memo to Vicki Schluckebier
from Tim Dunne dated
December 30, 2009; (Dep Ex.
8)(1 page)
Assisted Living Concepts
Employee Handbook – Leave
of Absence, (Dep. Ex. 9)
(6 pages)
Letter to Vicki Schluckebier
from Jamie Valdez dated
February 5, 2010 regarding
Request for Short Term
Disability (Dep. Ex. 10 & 23)
( 2 pages)
Plaintiff’s 2010 Schedule C –
Profit or Loss from Businsess;
(Dep. Ex. 11) (2 pages)
Plaintiff’s 2010 Schedule CEZ- Net Profit from Business;
(Dep. Ex. 12)(2 pages)
Email exchange between Vicki
Schluckebier and Io Schug
dated March 23, 2010; (1
page)
Email exchange between Vicki
Schluckebier and Io Schug
dated February 10, 2010 to
February 11, 2010; (2 pages)
Email exchange between Vicki
Schluckebier and Tim Dunne
dated January 29, 2010;
(1 page)
Plaintiff’s W-2 Wage and Tax
Statement for 2007; (1 page)
Plaintiff’s W-2 Wage and Tax
Statement for 2008; (1 page)
Plaintiff’s Tax Returns for
2008; (Dep. Ex. 25)(23 pages)
Plaintiff’s W-2 Wage and Tax
Statement for 2009; (1 page)
Plaintiff’s Tax Returns for
2009; (Dep. Ex. 26)(11 pages)
Plaintiff’s W-2Wage and Tax
Statement for 2010; (1 page)

F

F

F

F

F

2

122

123

124

125

126

127

128

129

130

131

132

133

134

Plaintiff’s Income Tax Return
for 2010; (Dep. Ex. 27)
(8 pages)
Plaintiff’s Schedule C Profit or
Loss from Business; 2009;
(2 pages)
Plaintiff’s Income Tax Return
for 2011; (Dep. Ex. 28)
(16 pages)
Email from Tim Dunne to
employees dated October 12,
2009 regarding “cut-through”
issue. (1 page)
Series of Emails regarding
Breakthrough dated December
17, 2009 to August 28, 2010;
(2 pages)
Email from Tim Dunne to Io
Schug dated January 28, 2010
regarding Green House
Statement; (1 page)
Email exchange between Joe
Anderson, Tim Dunne and Io
Schug dated January 28, 2010;
Assisted Living Concepts
Employee Handbook –
Discipline procedure; (6 pages)
Plaintiff’s Residence Director
90 day evaluation dated
06/02/2009; (4 pages)
Plaintiff’s Application for
Employment dated 03/01/09;
(2 pages)
Memo from Tim Dunne to
Vicki Schluckebier dated
January 22, 2010; (Dep. Ex.
24)(1 page)
Email from Vicki Schluckebier
to Tim Dunne dated January
18, 2010; (1 page)
Email from Tim Dunne to
Vicki Schluckebier dated
January 20, 2010; (1 page)

F

F

F

R

3

135

136

137

138
139

140

141

142

143

144

145

146
147

Email from Tim Dunne to
Jamie Valdez dated January
27, 2010; (1 page)
Email exchange between Tim
Dunne to Beth Ann Block
dated January 4, 2010;
(1 page)
Email from Tim Dunne to
Vicki Schluckebier dated
March 11, 2010; (1 page)
NEOC Intake Contact Form
dated 07/12/2010; (2 pages)
Request for Leave of Absence
signed by Vicki Schluckebier
01/18/2010 (Dep. Ex. 19)
(1 page)
Offer of employment to Petra
Misner dated February 8,
2010, and Petra Misner’s
resume; (5 pages)
Assisted Living Concepts, Inc.,
Personnel Action Form
regarding Plaintiff’s
termination; (1 page)
Assisted Living Concepts
Personnel Action Form
regarding termination of Tracy
Marcinski and Jamie Demuth;
(2 pages)
Job Description – Community
Sales Manager (Multi site) and
Residence Sales Manager
(single site)
Post-Hire Questionnaire
regarding Vicki Schluckebier
dated 03/02/09; (2 pages)
Background Information
regarding Vicki Schluckebier;
(5 pages)
Leave of Absence Policy;
(Dep. Ex. 17); (3 pages)
FMLA Designation Notice
dated 1/22/10; (Dep. Ex. 20)
(1 page)

F

F

R

RF

RF

4

148

149

150
151
152
153
154
155
156
157

158
159

160

161

Assisted Living Concepts
Employee Advantages. . . A
guide to Your Benefits in
effect 11/09; (Dep. Ex. 21)
(4 pages)
Assisted Living Concepts
Employee Advantages. . . A
guide to Your Benefits in
effect 04/2010; (Dep. Ex. 22)
(4 pages)
Plaintiff’s personnel file;
(70 pages)
Copies of emails from Tim
Dunne; (87 pages)
Disciplinary Actions regarding
Plaintiff (4 pages)
Plaintiff’s 2010 babysitting
calendar; (11 pages)
Plaintiff’s 2011 babysitting
calendar; (61 pages)
Disciplinary Memos (Ex. I,
Dunne Declaration)
Wage Grids, 2009 (Ex. K,
Dunne Declaration)
Connot Email, 4/2/09 (Ex. M,
Dunne Declaration)

F
R,H,
F,
403

ALC NSP Policy (Ex. A,
Dunne Supp. Declaration)
2009 Census Court
Spreadsheet (Ex. B, Dunne
Supp. Declaration)
2010 Census Court
Spreadsheet (Ex. C, Dunne
Supp. Declaration)
Wage Grids, 2009, (Ex. J,
Dunne Declaration)
5

162

Wage Grids, 2010, (Ex. L,
Dunne Declaration)

Defendant reserves the right to offer an updated spreadsheet on employees who took
leave during the relevant time period. This request includes any records to support the
spreadsheet. Such request would only be necessary depending on the Court’s ruling on the issue
that is being considered by Magistrate Zwart.
Any exhibits listed by the Plaintiff.

C:\Users\zwartc\AppData\Local\Temp\notesA6360F\Defendant's Exhibit List re. VICKI L. SCHLUCKEBIER (20898.001) 2-22-13
(00089656).doc

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