Cabrera et al v. Service Employees International Union et al

Filing 261

ORDER Granting 256 Joint Pretrial Order. Calendar Call set for 9/19/2023 at 10:00 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Jury Trial set for 10/2/2023 at 08:30 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 3/30/2023. (Copies have been distributed pursuant to the NEF - LOE)

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CHRISTENSEN JAMES & MARTIN, CHTD.

7440 WEST SAHARA AVE., LAS VEGAS, NEVADA 89117
PH: [phone] § FAX: [phone]

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CHRISTENSEN JAMES & MARTIN
EVAN L. JAMES, ESQ. (7760)
DARYL E. MARTIN, ESQ. (6735)
7440 W. Sahara Avenue
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail], [e-mail]
Attorneys for Defendants Nevada Service Employees
Union, Luisa Blue, and Martin Manteca

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAVIER CABRERA, an individual;
DEBORAH MILLER, an individual,
CHERIE MANCINI, an individual;
NEVADA SERVICE EMPLOYEES
UNION STAFF UNION (“NSEUSU”),
an unincorporated association,

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Plaintiffs,
vs.

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SERVICE EMPLOYEES
INTERNATIONAL UNION, a nonprofit
cooperative corporation; LUISA BLUE,
in her official capacity as Trustee of
Local 1107; MARTIN MANTECA, in
his official capacity as Deputy Trustee of
Local 1107; MARY K. HENRY, in her
official capacity as Union President;
CLARK COUNTY PUBLIC
EMPLOYEES ASSOCIATION dba
NEVADA SERVICE EMPLOYEES
UNION aka SEIU LOCAL 1107, a
nonprofit cooperative corporation;
CAROL NIETERS, an individual; DOES
1-20; and ROE CORPORATIONS 1-20,
inclusive,
Defendants.

Case No.: 2:18-cv-00304-RFB-DJA

AMENDED JOINT PRETRIAL
ORDER

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After pretrial proceedings in this case,

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IT IS HEREBY ORDERED in accordance with Chamber Practices:

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I.

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THE NAMES, LAW FIRMS, ADDRESSES, AND TELEPHONE AND
FAX NUMBERS OF TRIAL COUNSEL.

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A. Plaintiff’s Counsel.
Michael J. Mcavoyamaya, Esq.
4539 Paseo Del Ray
Las Vegas, Nevada 89121
Telephone: [phone]

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B. Defendant Clark County Public Employees Association dba Nevada

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Service Employees Union dba Local 1107 (hereinafter “Local 1107”)

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Counsel. Note, the caption misnames this defendant. The correct name of

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the defendant is Nevada Service Employees Union.

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Christensen James & Martin
Evan L. James, Esq.
Daryl E. Martin, Esq.
7440 W Sahara Ave.
Las Vegas, NV 89117
Telephone: [phone]
Fax: [phone]

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C. Defendant Service Employees International Union (hereinafter “SEIU”)

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Counsel.
Rothner, Segall & Greenstone
Glenn Rothner, Esq.
Eli Naduris-Weissman, Esq.
510 South Marengo Avenue
Pasadena, California 91101-3115
Telephone: [phone]
Fax: [phone]

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II.

SUBJECT MATTER JURISDICTION.
A.

Plaintiffs’ Statement.

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On February 16, 2018, this action was removed to Federal Court pursuant to

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the doctrine of complete preemption pursuant to 29 U.S.C. § 185, Section 301 of the

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LMRA. Plaintiffs amended the complaint to add federal discrimination claims in

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violation of the ADA. This Court has jurisdiction over the federal claims pursuant to

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28 USC § 1331 and §1343, and supplemental jurisdiction over the state law claims

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pursuant to 28 USC §1367.

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B.

Local 1107’s Statements.
i.

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Miller’s Claims.
a.

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Discrimination Claims (First and Tenth Claims for Relief).

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Jurisdiction over First Claim for Relief exists pursuant to Article

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III of the United States Constitution as the Americans with

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Disabilities Act (“ADA”) is federal statute. Jurisdiction over the

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Tenth Claim for Relief exists pursuant to 29 U.S.C. § 1367.

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b.

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Relief). Jurisdiction over Second Claim for Relief exists pursuant

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to Article III of the United States Constitution as the ADA is

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federal statute. Jurisdiction over the Eleventh Claim for Relief

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exists pursuant to 29 U.S.C. § 1367.

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c.

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Jurisdiction over the Third Second Claim for Relief exists

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pursuant to Article III of the United States Constitution as the

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ADA is federal statute.
ii.

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Hostile Work Environment Claim (Third Claim for Relief).

Alter-Ego. Alter-ego is a legal doctrine and not a claim for relief.
Jurisdiction must attach in connection to a claim for relief.

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Retaliation Claims (Second and Eleventh Claims for

C.

SEIU’s Statements.
i.

General Statement of Subject Matter Jurisdiction: SEIU concurs
with Local 1107’s statement regarding subject matter jurisdiction,
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and does not contest that there is subject matter jurisdiction over

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Plaintiffs’ claims under the Americans with Disabilities Act,

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section 301 of the Labor Management Relations Act, 29 U.S.C. §

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185 (“Section 301”), and supplemental jurisdiction, under 29

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U.S.C. § 1367, over Plaintiffs’ claims under Nevada law,

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specifically the Tenth and Eleventh claims asserting violations of

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N.R.S. §§ 613.330(1) & 613.340(1).

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III. STATEMENTS OF ISSUES REMAINING TO BE TRIED.
A.

Plaintiffs’ Statements.

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This is an action for employment discrimination under state law and the

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Americans with Disabilities Act (“ADA”). Plaintiffs have also alleged alter-ego

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liability against SEIU International. The remaining claims are as follows:

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i. Plaintiff Miller’s Remaining Claims.

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Claim One – Disability Discrimination in Violation of the ADA. See 42

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U.S.C. § 12101 et seq; 29 C.F.R. § 1630.2

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Claim Two – Retaliation in Violation of the ADA See 42 U.S.C. § 12101

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et seq; 29 C.F.R. § 1630.2

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Claim Three – Disability Harassment/Hostile Work Environment in

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Violation of the ADA See 42 U.S.C. § 12101 et seq; 29 C.F.R. § 1630.2

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Claim Ten – Disability Discrimination in Violation of NRS 613.330

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Claim Eleven - Disability Discrimination in Violation of NRS 613.340

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ii.

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Miller’s diabetes constitutes a disability under the ADA, and as such

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Plaintiff need not prove at trial that she is disabled under the act. Plaintiff

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will show that she was qualified. Plaintiff will show that she was

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discriminated against because of her diabetes disability and that she was

Plaintiff’s Discrimination Claims. Local 1107 has conceded that

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denied reasonable accommodations required by the ADA and Local

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1107’s own policies.

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iii.

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Miller engaged in a protected activity. Plaintiff will establish that she (1)

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suffered an adverse employment action and (2) that there was a causal

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connection between the action and the protected activity.

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iv.

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will seek to establish that she was (1) subject to unwelcome harassment,

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(2) the harassment was based on her disability, (3) the harassment

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affected a term, condition or privilege of employment; and (4) the

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employer knew or should have known of the harassment and failed to

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take prompt, remedial action.

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v.

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mitigation of damages remains to be tried. Punitive damages are

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available and appropriate for jury consideration for Miller’s First, Tenth

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and Eleventh Claims for Relief. See NRS 613.432; see also 42 U.S.C.S.

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§ 1981a.

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vi.

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seeking to hold SEIU International jointly and severally liable for all

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claims alleged herein. The factors Plaintiff will seek to prove are that

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SEIU and Local 1107 had “1) inter-relation of operations; 2) common

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vii.

Plaintiff’s Retaliation Claims. Local 1107 has conceded that

Miller’s Harassment/Hostile Work Environment Claim. Plaintiff

Damages. The issue of compensatory and punitive damages and

Additional Matters. Plaintiffs have alleged alter-ego liability

management; 3) centralized control of labor relations; and 4)

common ownership or financial control.”); see also Childs v. Local 18,
Int’l Bhd. of Elec. Workers, 719 F.2d 1379, 1382 (9th Cir. 1983);
Ritzer v. Gerovicap Pharm. Corp., 162 F.R.D. 642, 645 (D. Nev.
1995).

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B.

Local 1107’s Statements.

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The following matters are at issue.

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i. Miller’s Discrimination Claims. Local 1107 concedes that Miller’s

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diabetes constitutes a disability. Miller must show that (1) she was

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discriminated against because of her diabetes and (2) the alleged

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discriminatory acts would not have occurred but-for the disability.

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Local 1107 asserts Miller cannot do so; that she was not subject to

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an adverse employment action; that she was granted reasonable

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accommodations; that but for a requested and granted leave of

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absence to address her diabetes, she refused to implement granted

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accommodations; the accommodations she requested were not

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reasonable nor available and / or would create an undue hardship,

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and that she abandoned the interactive process prior to voluntarily

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leaving her employment. Local 1107 asserts that since Miller

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voluntarily left her employment she must establish being

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constructively discharged as she has pleaded. Local 1107 further

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asserts that Miller was not a qualified individual under the

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discrimination statutes.

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ii. Miller’s Retaliation Claims. Local 1107 concedes that Miller

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engaged in a protected activity. She must therefore establish that she

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(1) suffered an adverse employment action and (2) the adverse action

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would not have occurred but for her claimed disability. Local 1107

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asserts Miller cannot do so; that she was not subject to an adverse

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employment

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accommodations; that but for a requested and granted leave of

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absence to address her diabetes, she refused to implement granted

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accommodations; and that she abandoned the interactive process

action;

that

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she

was

granted

reasonable

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prior to voluntarily leaving her employment. Local 1107 asserts that

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Since Miller voluntarily left her employment she must establish

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being constructively discharged as she has pleaded.

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iii. Miller’s Harassment/Hostile Work Environment Claim. Local 1107

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asserts that the Ninth Circuit Court of Appeals has not recognized the

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cause of action of hostile work environment under the ADA. As such,

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this is not a cognizable claim. Assuming that such a claim was

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recognized, Miller would need to prove that she was (1) subject to

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unwelcome harassment, (2) the harassment would not have occurred

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but for her disability, and (3) the conduct was sufficiently severe and

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pervasive to alter the conditions of her employment and create an

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abusive work environment. Local 1107 asserts that Miller cannot

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meet the elements nor show that the alleged conduct was frequent

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enough, severe enough, physically threatening or humiliating beyond

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mere coincidence, or sufficient enough to interfere with her

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employment so as to alter the terms and conditions of her

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employment, especially given the accommodations provided to

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Miller but which she refused to implement.

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iv. Alter Ego. Local 1107 concurs with SEIU’s statements on the matter.

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v. Damages. For Miller’s discrimination claim, the issue of

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compensatory and punitive damages and mitigation of damages

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remains to be tried. As to her punitive damages prayer for relief, the

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issue of intentional discrimination through acts of malice or reckless

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indifference will need to be specifically proven. Punitive damages

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are available and appropriate for jury consideration for Miller’s First

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and Tenth Claims for Relief. See NRS 613.432; see also 42 U.S.C.S.

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§ 1981a.
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vi. Issues not to be tried. The Fourth, Fifth, Sixth, Seventh, Eighth,

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Ninth, Twelfth, Thirteenth, Fourteenth, and Fifteenth Causes of

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Action are not to be tried based on prior dispositive rulings of the

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Court.
SEIU’s Statements.

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C.

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Below SEIU briefly summarizes the claims and defenses that remain to be

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tried. The list of remaining claims is based on the First Amended Complaint and the

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Court’s prior dispositive orders, namely the Court’s orders related to Defendants’

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motions to dismiss under Rule 12(b)(6) [ECF Nos. 131, 133, & 152], the Court’s

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order on all parties’ motions for summary judgment [ECF No. 224], and the Court’s

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order on SEIU’s motion for reconsideration [ECF No. 255].

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i.

As to All Claims: SEIU asserts that it may not be held liable for

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Local 1107’s employment actions, as asserted by Plaintiffs, based on the

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“alter-ego” or “single employer” claims under the Americans with

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Disabilities Act or the claims asserted by Plaintiffs under Nevada law.

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ii.

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Action): SEIU concurs with Local 1107’s statement of the claims and

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defenses at issue with respect to Miller’s disability discrimination

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claims, alleged under the Americans with Disabilities Act, 42 U.S.C. §

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12101 et seq, and Nevada Revised Statutes § 613.330(1). In addition,

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SEIU raises the defense that it may not be held liable for Local 1107’s

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employment conduct as alleged by Plaintiffs under those laws.

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iii.

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Action): SEIU concurs with Local 1107’s statement of the claims and

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defenses at issue with respect to Miller’s retaliation claims, alleged

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under the Americans with Disabilities Act, 42 U.S.C. § 12203(a), and

Miller’s Discrimination Claim (First and Tenth Causes of

Miller’s Retaliation Claims (Second and Eleventh Causes of

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Nevada Revised Statutes § 613.340(1). In addition, SEIU raises the

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defense that it may not be held liable for Local 1107’s employment

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conduct as alleged by Plaintiffs under those laws.

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iv.

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Cause of Action): SEIU concurs with Local 1107’s statement of the

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claims and defenses at issue with respect to Miller’s harassment/hostile

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environment claims, apparently alleged under the Americans with

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Disabilities Act but without citation to any specific statute. See ECF

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No. 27 (First Amended Complaint) at 15-16. Additionally, SEIU raises

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the defense that it may not be held liable for Local 1107’s employment

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conduct as alleged by Plaintiffs under the ADA.

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v.

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Fifth, Sixth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fourteenth,

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and Fifteenth Causes of Action are not to be tried based on prior

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dispositive rulings of the Court.

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IV.

Miller’s Harassment/Hostile Work Environment Claim (Third

Issues NOT to be Tried: SEIU hereby specifies that the Fourth,

Statement on trial days and jury vs. judge trial.

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A.

The parties estimate trial will take eight days. Plaintiffs asserted a jury

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demand on all issues in their First Amended Complaint. Local 1107 asserts

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that (1) a jury is not allowed on Miller’s retaliation claim because it is not

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subject to jury consideration, See Alvarado v. Cajun Operating Co., 588 F.3d

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1261, 1270 (9th Cir. 2009), and (2) a jury is not allowed to consider punitive

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damages as it is the Court’s duty to craft federal labor policy. SEIU concurs

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with Local 1107’s position regarding which claims may be tried to a jury.

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Plaintiff asserts that a jury trial on Plaintiff’s First, Tenth, and Eleventh claims

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for relief are permitted, including the Nevada retaliation claim. See NRS

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613.432. Plaintiff contends that the Court’s duty to craft federal labor policy

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does not preclude the jury’s consideration of appropriate punitive damages.
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The parties propose trial for the week of April 18-22, 2022 and April

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25-29, 2022. Defense counsel and parties are not available for trial in May or

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June of 2022.

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V.

Consent to trial by magistrate judge.
The parties did not reach consensus on trial by a magistrate judge.

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VI. Stipulations as to facts. The parties are unable to stipulate as to facts.

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VII. Stipulations as to law. Diabetes is a recognized disability under the Americans

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with Disabilities Act.

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VIII. A list of all trial witnesses, indicating whether such witnesses will testify in

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person or by deposition, and a brief summary of the substance of each

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witness’s testimony.

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A.

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Plaintiffs’ lists of witnesses.
i.

Javier Cabrera is expected to testify about his termination

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for engaging in union activity and overhearing Manteca tell

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Local 1107 managers to find reasons to terminate Miller’s

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employment. The 2015 NLRB case.

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ii.

relating to the allegations of the First Amended Complaint.

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Debbie Miller is expected to testify about all matters

iii.

Cherie Mancini is expected to testify regarding Local

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1107’s prior grant of a Local 1107 employee reasonable

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accommodations of transfer from organizers to the front

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desk position and the qualifications for the front desk

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position. The 2015 NLRB case.

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iv.

Mary K. Henry is expected to give testimony regarding her

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involvement and directives to Local 1107 regarding

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operations, staffing and other matters related to the issue of

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alter-ego liability.
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v.

Kathy Eddie is expected to give testimony regarding SEIU

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International’s involvement and directives to Local 1107

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regarding operations, staffing and other matters related to

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the issue of alter-ego liability.

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vi.

Neal Bisno is expected to give testimony regarding SEIU

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International’s involvement and directives to Local 1107

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regarding operations, staffing and other matters related to

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the issue of alter-ego liability.

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vii.

Luisa Blue is expected to give testimony regarding all

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matters pertaining to the allegations in the FAC. Ms. Blue

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is also expected to give testimony regarding SEIU

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International’s involvement and directives to Local 1107

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regarding operations, staffing and other matters related to

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the issue of alter-ego liability.

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viii. Martin Manteca is expected to give testimony regarding all

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matters pertaining to the allegations in the FAC. Ms. Blue

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is also expected to give testimony regarding SEIU

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International’s involvement and directives to Local 1107

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regarding operations, staffing and other matters related to

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the issue of alter-ego liability. Mr. Manteca will also testify

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regarding past allegations of harassment of organizing

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staff.

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ix.

Deedee Fitzpatrick is expected to give testimony regarding

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SEIU International’s involvement and directives to Local

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1107 regarding operations, staffing and other matters

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related to the issue of alter-ego liability.

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x.

Barry Roberts is expected to give testimony regarding all

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matters pertaining to the allegations in the FAC. Mr.

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Roberts is also expected to give testimony regarding SEIU

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International’s trusteeship program, scheme, or plan that is

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implemented in every SEIU International trusteeship. Mr.

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Roberts is expected to testify about directive he received to

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target Plaintiff Miller for termination.

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xi.

Davere Godfrey is expected to give testimony regarding all

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matters pertaining to the allegations in the FAC and

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directives given to managers to target certain Local 1107

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employees.

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xii.

Brian Shepherd is expected to give testimony regarding all

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matters pertaining to the allegations in the FAC. Mr.

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Shepherd is expected to give testimony regarding SEIU

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International’s involvement and directives to Local 1107

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regarding operations, staffing and other matters related to

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the issue of alter-ego liability. Mr. Shepherd will give

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testimony regarding his prior involvement with Local 1107

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in 2015 and the termination of Plaintiff Cabrera in 2015.

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xiii. Grace Vergara is expected to give testimony regarding all

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matters pertaining to the allegations in the FAC. Ms.

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Vergara is expected to give testimony regarding SEIU

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International’s involvement and directives to Local 1107

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regarding operations, staffing and other matters related to

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the issue of alter-ego liability. Ms. Vergara will give

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testimony regarding his prior involvement with Local 1107

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in 2015 and the termination of Plaintiff Cabrera in 2015.
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xiv.

matters pertaining to the allegations in the FAC.

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xv.

Rosy Salinas is expected to give testimony regarding all
matters pertaining to the allegations in the FAC.

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Lanita Troyano is expected to give testimony regarding all

xvi.

Robert Clarke is expected to testify regarding Local 1107’s

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prior grant of a Local 1107 employee reasonable

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accommodations of transfer from organizers to the front

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desk position. Mr. Clarke will also give testimony

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regarding Local 1107’s breach of his employment contract.

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xvii. Peter Nguyen is expected to testify regarding Local 1107’s

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prior grant of a Local 1107 employee reasonable

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accommodations of transfer from organizers to the front

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desk position. Mr. Nguyen will also give testimony

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regarding Local 1107’s breach of his employment contract.

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xviii. Yvette Saenz is expected to give testimony regarding all
matters pertaining to the allegations in the FAC.

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xix.

Betsy M. Palal MD is Plaintiff Miller’s treating physician

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and is expected to testify regarding her physical

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impairment and its effect on her major life activities.

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xx.

Betsy M. Palal MD will authenticate medical records.

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Person Most Knowledgeable and/or Custodian of Records,

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Nick Liu, MD is Plaintiff Miller’s treating physician and is

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expected to testify regarding her physical impairment and

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its effect on her major life activities.

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xxii. Person Most Knowledgeable and/or Custodian of Records,
Nick Liu, MD, will authenticate medical records.

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xxiii. Raji Venkat is Plaintiff Miller’s treating physician and is

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expected to testify regarding her physical impairment and

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its effect on her major life activities.

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xxiv. Person Most Knowledgeable and/or Custodian of Records,

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Raji Venkat, MD, will authenticate medical records.

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xxv. Remzi Jaos is a former SEIU Local 73 staff member

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expected to testify regarding SEIU International’s

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implementation of its trusteeship program, scheme or plan

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that involves getting rid of local union staff.

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xxvi. Kevin B. Kirkendall, MBA, CPA-CGMA, CFE, 1522 is

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Plaintiff Miller’s damages expert and will give testimony

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regarding her actual damages from lost wages, benefits etc.

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xxvii. Brenda Marzan is expected to give testimony regarding

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SEIU International’s involvement in Local 1107 operations

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during the trusteeship.

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xxviii.

Glenn Rothner is expected to testify regarding his

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involvement with drafting Local 1107’s constitution and

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bylaws while serving as SEIU International’s attorney.

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xxix. Steve Ury is expected to testify regarding his involvement

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with drafting Local 1107’s constitution and bylaws while

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serving as SEIU International’s attorney.

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xxx. Custodian of records Local 1107.

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xxxi. Custodian of records SEIU International.

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xxxii. In addition to the witnesses listed, Local 1107 lists those

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witnesses identified by other parties and reserves the right

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to call such witnesses.

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xxxiii.

Plaintiffs object to Defendants’ expert witnesses.
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xxxiv. Plaintiff objects to the use of any documents exchanged

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between himself and counsel for Local 1107 as they are

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documents exchanged for the purpose of settlement and not

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admissible.

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B.

Local 1107 list of witnesses.
i.

Michael J. Mcavoyamaya. 4539 Paseo Del Rey, Las Vegas, Nevada

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89121. Mr. Mcavoyamaya is expected to authenticate documents

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authored by him and confirm statements made by him.

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ii.

Debbie Miller. C/O Michael J. Mcavoyamaya, 4539 Paseo Del Rey,

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Las Vegas, Nevada 89121. Ms. Miller will testify about the

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allegations and associated matters asserted in the First Amended

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Complaint.

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iii.

Martin Manteca. C/O Christensen James & Martin, 7440 W Sahara

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Ave., Las Vegas, NV 89117. Mr. Manteca will testify about the

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allegations and associated matters asserted in the First Amended

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Complaint.

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iv.

Luisa Blue. C/O Christensen James & Martin, 7440 W Sahara Ave.,

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Las Vegas, NV 89117. Ms. Blue will testify about the allegations and

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associated matters asserted in the First Amended Complaint.

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v.

Sean W. McDonald, Esq. 1375 55th Street Emeryville, CA 94608.

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Mr. McDonald will to testify about his interactions with the

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Plaintiffs’ counsel, his communications with the Plaintiffs’ counsel,

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and any other appropriate matter relating to the issues associated with

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the litigation. Note, listing Mr. McDonald as a witness is not intended

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to constitute a waiver of the attorney-client privilege or the attorney

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work product privilege. Numerous communications and interactions

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between Mr. McDonald and Mr. Mcavoyamaya occurred relating to
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the subject matter of the First Amended Complaint, and it is those

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non-privileged communications, documents and interactions that

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may be the subject of his testimony.

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vi.

LaNita Troyano. C/O Christensen James & Martin, 7440 W Sahara

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Ave., Las Vegas, NV 89117. Ms. Toroyano is expected to testify

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about matters relating to the allegations of the First Amended

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Complaint.

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vii.

Brenda Marzan. C/O Christensen James & Martin, 7440 W Sahara

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Ave., Las Vegas, NV 89117. Ms. Marzan is expected to testify about

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matters relating to the allegations of the First Amended Complaint.

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viii.

Rosario (Rosie) Salinas. C/O Michael J. Mcavoyamaya, 4539 Paseo

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Del Rey, Las Vegas, Nevada 89121. Ms. Salinas is expected to testify

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about matters relating to the allegations of the First Amended

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Complaint.

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ix.

Grace Vergara-Mactal. C/O Christensen James & Martin, 7440 W

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Sahara Ave., Las Vegas, NV 89117. Ms. Vergara-Mactal is expected

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to testify about the matters relating to the allegations of the First

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Amended Complaint.

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x.

Brian Shepherd. C/O Christensen James & Martin, 7440 W Sahara

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Ave., Las Vegas, NV 89117. Mr. Shepherd is expected to testify

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about the matters relating to the allegations of the First Amended

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Complaint.

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xi.

Edward L. Bennett. 5290 Overpass Road, Suite 118, Santa Barbara,

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CA 93111. Mr. Bennet will testify about matters associated with his

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expert report.

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xii.

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Kirk Marangi. 30 N. Raymond Ave., Suite 411, Pasadena, CA 91103.

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Mr. Marangi will testify about matters associated with his expert

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report.
xiii.

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In addition to the witnesses listed, Local 1107 lists those witnesses

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identified by other parties and reserves the right to call such

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witnesses.

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C.

SEIU’s list of witnesses.

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SEIU concurs with the list of witnesses provided by Local 1107 and

9

reserves the right to call any such witnesses as though SEIU’s own witness. In

10

addition, SEIU intends to call:
i.

11

Deirdre Fitzpatrick. Rothner, Segall & Greenstone, 510 South

12

Marengo Avenue, Pasadena, California 91101-3115. Chief of Staff

13

of SEIU International. Ms. Fitzpatrick will testify about the

14

allegations and associated matters asserted in the First Amended

15

Complaint, and specifically regarding the relationship between SEIU

16

International and Local 1107 during the trusteeship over Local 1107,

17

in response to Plaintiffs’ claims that SEIU is liable for Local 1107’s

18

conduct because it is an alter ego of or single employer with Local

19

1107.

20

IX.

Designation of deposition testimony.

21

All objections are preserved as to proffered deposition testimony. Otherwise,

22

each party hereby designates as follows:

23

A.

Plaintiffs’ designations. Plaintiff intends to utilize depositions as

24

testimony if a witness gave deposition testimony and that witness is

25

justifiably unavailable for trial. Plaintiff reserves the right to identify

26

such depositions or portions of the depositions as may be necessary.

27

Plaintiff reserves the right to use depositions for all additional lawful
-17-

1

purposes. At present, Plaintiff designates the following as potential

2

deposition testimony1

3

i.

Brian Shepherd

4

ii.

Martin Manteca

5

iii.

Javier Cabrera

6

iv.

Debbie Miller

v.

Davere Godfrey

vi.

Lanita Troyano

vii.

Luisa Blue

viii.

Grace Vergara

7
8
9
10
11
12
13

ix.

Rosy Salinas

x.

Brenda Marzan

xi.

Mary Grillo

xii.

DeeDee Fitzpatrick

14

xiii.

Mary Kay Henry

15

xiv.

Neal Bisno

16

xv.

Local 1107’s 30b6 witness

17

xvi.

SEIU’s 30b6 witnesses

18

B.

Local 1107’s designations. Local 1107 intends to utilize depositions as

19

testimony if a witness gave deposition testimony and that witness is

20

justifiable unavailable for trial. Local 1107 reserves the right to identify

21

such depositions or portions of the depositions as may be necessary.

22

Local 1107 reserves the right to use depositions for all additional lawful

23

purposes. At present, Local 1107 designates the following as potential

24

deposition testimony: Staff Union 36(b)6 (Rosario Salinas), Javier

25

Cabrera, and Debbie Miller. Local 1107 joins in SEIU’s objection to

26
27

1

These depositions include those conducted in related cases that the parties stipulated were part
of the record of this case.
-18-

1

depositions taken in earlier actions and further objects to Plaintiff’s

2

blanket misstatement that depositions from prior cases were stipulated

3

to be part of the record.
C.

4

SEIU’s designations. Pursuant to Federal Rule of Civil Procedure 32,

5

SEIU designates the depositions of Plaintiffs Javier Cabrera, Debbie

6

Miller, and the deposition of NSEUSU’s designee under Rule 30(b)(6),

7

Rosario Salinas. SEIU reserves the right to use such testimony for any

8

and all purposes allowable by law, specifically against the adverse

9

parties (Plaintiffs) in this action, and without limitation as to which
portions of such depositions.

10
11

i. SEIU objects to use of depositions taken in earlier actions,

12

including specifically the following depositions listed by

13

Plaintiff: Brenda Marzan, Mary Grillo, DeeDee Fitzpatrick,

14

Mary Kay Henry, Neal Bisno, Local 1107’s 30b6 witness,

15

SEIU’s 30b6 witnesses. See Fed. R. Civ. Pro. 32(a)(8).

16
17

X.

Exhibit lists.

18

The parties agree that even where a document is marked as admissible,

19

portions of the document may not be admissible. Local 1107 and SEIU have sought

20

to follow the Court’s chamber practices directive regarding the use of one star * and

21

two stars ** for authenticity and admissibility. However, that practice is difficult to

22

apply to the documents because certain portions of documents may be impermissible

23

for consideration. Objections to portions of documents are therefore preserved and

24

may be asserted at appropriate times. If not marked with a * or **, all objections are

25

retained.

26
27
-19-

A.
Plaintiffs’ list.
No. Description

1
2

**
3
4

*

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

**

Bates Nos.

NSEUSU Collective Bargaining Agreement 20152018
28-CA-209109 NLRB Trial Transcripts

CMM78927928
CMM80178602
28-CA-156789 NLRB Charge against Local 1107
CMM7773
28-CA-156789 NLRB sworn statement Susan Smith CMM7716and exhibits
7740
CMM77417772
NSEUSU Grievance 6/20/2017
NSEUSU Grievance 7/29/2017
NSEUSU Grievance 10/06/2017
NSEUSU Grievance 10/29/2017
NSEUSU Grievance 10/31/2017
NSEUSU Grievance 11/28/2017
Local 1107 Personnel Policies 12/2017
Local 1107 Informal Meeting Notes
Debbie Miller Medical Records Dr. Raji Venkat
Debbie Miller Medical Records Dr. Betsy Palal
Miller Doctors Notes Dr. Nick Liu
Miller Doctors Notes Dr. Raji Venkat
Local 1107 10/19/2017 Email/Letter to Miller
Local 1107 Email and Letter 10/26/2017
TWR Campaign Documents
Local 1107 Notice of Termination to Cabrera
8/11/2017
Local 1107 Resp. 2nd Disc. Req. 11/14/2019
Local 1107 Step 1 Letter to Miller 1/3/2018
Local 1107 Step 2 Letter to Cabrera 1/29/2018
Local 1107 12/01/2017 Policies
Miller email to Manteca and Blue RE: Request for
Reasonable Accommodations
Local 1107 Letter 2/12/2018
Local 1107 Letter 2/15/2018
Local 1107 Letter 2/26/2018
Debbie Miller’s Medical Records from Palm
Medical Group,
Debbie Miller’s Medical Record from Dignity
Health Group Nevada, dated September 19, 2017
Debbie Miller’s Medical Record from Dignity
Health Group Nevada, dated October 9, 2017
Debbie Miller’s Medical Record from Dignity
Health Group Nevada, dated October 31, 2017
Debbie Miller’s Medical Record from Dignity
Health Group Nevada, dated December 10, 2018
Local 1107 Letter 9/06/2019
Local 1107 Letter RE: Cabrera Termination
10/30/2017
-20-

CMM7948
CMM7950-51
CMM7952
CMM7954
Local – 0036
Local – 37
CMM7707
Local 89-90
CMM1729-98
CMM1725-28
Local 82, 83, 85
Local 84, 86
Local 14-16
Local 27-30
CMM428-481
CMM7886-91
CMM184-187
CMM161-165
CMM7708-15
Local – 23-24
CMM203-205
CMM206
Local 10037
CMM 17261728
CMM 1758
CMM 1746
CMM 1756
CMM 1737
CMM 151-155

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Grievance filed October 31, 2017, seeking to have
Javier Cabrera reinstated and made whole in every
way
Local 1107 Responses to Interrogatories
Local 1107 Responses to Requests for Admission
SEIU Responses to Interrogatories
SEIU Responses to Requests for Admission
Letter from Martin Manteca to Susan Smith, dated
December 21, 2017
Barry Robert’s Sworn Affidavit
SEIU International Emails (Clarke case discovery)
SEIU International Emails (Clarke case discovery)
SEIU/Local 1107 Salary Agreement Manteca
Grievance filed on October 6, 2017 on behalf of
John Archer.
Grievance, dated February 7, 2018
SEIU Constitution
Kirkendall Expert Report with exhibits
Blue email and memo RE: Cases against L1107
Blue Responses To Requests for Admission
Blue Responses to Interrogatories
Manteca Responses to Requests for Admission
Manteca Responses to Interrogatories
SEIU International Emails

Local 36

CMM 156-159
CMM1737-41
SEIU204-205
SEIU0075
SEIU-CAB674
CMM 176
CMM 1669
SEIU2376-2446
SEIU CAB686688

SEIU-CAB3543
Mary Kay Henry Email 6/16/2017
CMM471-478
Troyano Investigatory Meeting Notes
CMM1587-88
Javier Emails RE: Out of the Office
SEIUNV70-74
Local 1107 Settlment with Javier Cabrera 5/17/2016 SEIUNV296
Javier Cabrera Weekly Plans
CMM7962-65
Godfrey Email
SEIUNV176
Javier Debrief Sheets
CMM7968-70
Local 1107 Personnel Policies 2015
SEIUNV498505
Vergara Emails
SEIUNV75-81
Local 1107 March 1, 2019 Personnel Policies
CMM7829-35
November 27, 2017 Personnel Policies
CMM7836-43
Settlement agreement between L1107 and Cabrera
CMM7946
2016
Map of L1107 Office Building
CMM7955-56
Local 1107 Personnel Policies 2015
CMM8002-09
Local 1107 Member emails RE: C&B amendments CMM8603-24
Vergara email 2/6/2018 Email RE: Turf Plan
CMM1672
Deadline
Miller Income Tax Documents
CMM1-43
Miller Davita Pay Stubs
CMM44-121
Local 1107 12/21/2017 Letter
CMM156-59
NSEUSU Grievance 7/26/2017
CMM172
NSEUSU Grievance 5/03/2017
CMM173
NSEUSU Grievance 9/25/2017
CMM176
NSEUSU Grievance 5/3/2018
CMM178
-21-

1
2
3
4

TWR Emails and Power Point
TWR Plan Email and Attachments
Manteca Email RE: TWR Materials
Barry Robert’s Sworn Affidavit
NLRB ALJ Decision
MKH Response to Requests for Admission
MKH Responses to Requests for Interrogatories
Blue Email 5/27/2018

5

SEIU International emails

6

Shepherd Emails to Eddy 9/28/2018
Eddy Email COF Agenda

7
8
9
10

Eddy Email 1107 Report
Trustees report to MKH 10/5/2018
Eddy Email 10/5/2018

11

Eddy Email 8/27/2018
Shepherd Email 9/10/2018

12

Shepherd email 9/10/2018

13

Fitzpatrick Email 11/13/2018
Trustee Memo to MKH 10/5/2018

14
15

Trustee Memo to MKH 11/11/2018
Bisno Email
Bisno Emails

16
17
18
19
20

Bisno Email
Bisno Email
Eddy Email 12/06/2018
Eddy Email 11/3/2018

22

Eddy Email 10/25/2018
Eddy Email COF Comms plan
Bates Email 11/10/2018
Bates Email

23

Shepherd Email 10/22/2018

24

MKH Email 12/17/2018

25

Ratification Plan 11/28/2018

26

Bisno email 10/15/2018
MKH Email 10/1.2018

21

27

-22-

CMM428-463
CMM464-470
CMM479-517
CMM593-597
CMM598-612
SEIU-CAB68688
SEIU-CAB92127
SEIU-CAB131
SEIU-CAB152156
SEIU-CAB157
SEIU-CAB159166
SEIU-CAB169170
SEIU-CAB181
SEIU-CAB235236
SEIU-CAB241245
SEIU-CAB250
SEIU-CAB251258
SEIU-CAB259
SEIU-CAB269
SEIU-CAB27175
SEIU-CAB27879
SEIU-CAB28081
SEIU-CAB28485
SEIU-CAB29091
SEIU-CAB292
SEIU-CAB295
SEIU-CAB320
SEIU-CAB334342
SEIU-CAB39899
SEIU-CAB416418
SEIU-CAB47072
SEIU-CAB489
SEIU-CAB49293

COF Draft Agenda

1

Draft Agenda SEIU Intl Meeting 10/11/2018

2

SEIU Planning Next Steps

3

Pension and Health Benefit Tables
While many of the designations in the preceding
table list documents with bates numbers produced
by Plaintiffs in this matter, Plaintiffs reserved the
right to supplement these exhibits with
corresponding identical documents presumed to be
authentic because they were produced in discovery
by Defendants.

4
5
6
7
8

Rebuttal documents. Plaintiffs places other parties
on notice that other documents not listed as an
exhibit may be used as exhibits in rebuttal to
testimony given or other evidence presented.

9
10

Plaintiffs reserve the right to raise additional objections should issues be

11
12

discovered in the future.
B.

13

the litigation and too indefinitely described. In addition, some of the

15

documents may contain information that should not be admitted due to

16

is content and the potential confusion of a jury. Local 1107 reserves the

17

right to object to portions of documents.

18

20
21
22

Local 1107’s list. Local 1107, despite reserved objections, also objects
to Plaintiffs’ exhibit list as identifying documents not produced during

14

19

SEIU-CAB52829
SEIU-CAB617625
SEIU-CAB65163
Local 6841-42

No.

Description

Bates Nos.

1001 Emergency Trusteeship Order
1002 Email from Debbie Miller to Martin Manteca, dated Local 603
September 28, 2017, at 3:35 p.m.

23

1003 Email from Martin Manteca to Debbie Miller, dated Local 603
24

September 28, 2017, at 6:04 p.m.
25
26
27

1004 Email from Debbie Miller with attachments, Dated Local 5-7
October 11, 2017, at 1:48:46 p.m.

-23-

1

1005 Raji Venkat, Dr. Note, dated October 9, 2017

Local 9

2

1006 Nick Liu, Dr. Note, dated October 11, 2017

Local 8

3

1007 Betsy Palal, Dr. Note, dated November 7, 2017

Local 63

4

1008 Meeting Notes, dated October 17, 2017

Local 681-682

5

1009 Email from Debbie Miller to Martin Manteca, dated Local 607

6
7
8
9
10
11
12

October 17, 2017, at 9:09 p.m.
1010 Email to Debbie Miller with attachment, dated October Local 14-16
19, 2017, at 11:29:50 a.m.
1011 Request for additional information letter dated October, Local 516-517
19, 2017
1012 Email from Debbie Miller with attachment, dated October Local 23 - 25
23, 2017 at 9:38 p.m.

13

1013 Accommodations letter dated 10/26/2017

14

1014 Email from Debbie Miller to Martin Manteca, dated Local 845-847

15
16
17
18
19
20
21

Local 518-520

October 28, 2017, at 8:10:31
1015 Email from Debbie Miller, dated October 31, 2017, at Local 109
5:15:30 p.m.
1016 Email from Martin Manteca, dated October 31, 2017, at Local 862-863
2:35 p.m.
1017 Email from Susan Smith with attachment, dated October Local 34-35
29, 2017, at 8:29:54

22

1018 Debbie Miller Grievance, dated October 29, 2017

23

1019 Email chain between Martin Manteca and Susan Smith, Local 113-114

24
25
26

Local 35

last email dated December 4, 2017, at 4:10:58
1020 Email chain between Martin Manteca and Debbie Miller, Local 116-117
last email dated December 4, 2017, at 5:33:46 p.m.

27
-24-

1
2
3

1021 Email chain between Luisa Blue and Susan Smith, last Local 118 -119
email dated December 7, 2017, at 7:45:19 a.m.
1022 Email from Debbie Miller, dated January 7, 2018, at Local 40-41

4

5:02:13.

5

1023 **Letter

6
7
8
9
10
11
12
13
14
15

from

Sean

W.

McDonald

to

Michael Local 121-122

Mcavoyamaya, dated December 21, 2017
1024 **Email from Michael Mcavoyamaya, dated December Local 123
22, 2018, at 5:02:40 p.m.
1025 **Letter

from

Sean

W.

McDonald

to

Michael Local 125

Mcavoyamaya, dated January 21, 2018, at 3:38:00 p.m.
1026 Letter from Luisa Blue to Michael Mcavoyamaya, dated Local 524-527
January 3, 2018.
1027 **Email from Michael Mcavoyamaya, dated January 7, Local 38
2018, at 2:52:39
1028 **Email

from

Sean

W.

McDonald

to

Michael Local 142-143

16

Mcavoyamaya, dated January 8, 2018, at 3:33:00 p.m.

17

1029 **Letter from Debbie Miller, dated February 19, 2018

Local 71

18

1030 **Organizer Job Description

Local 219

19

1031 Charge of Discrimination filed with the EEOC

Local 363

20

1032 Debbie Miller’s Medical Records from Palm Medical CMM

21
22
23
24
25
26
27

Group,

1726-

1728

1033 Debbie Miller’s Medical Record from Dignity Health

CMM 1758

Group Nevada, dated September 19, 2017
1034 Debbie Miller’s Medical Record from Dignity Health

CMM 1746

Group Nevada, dated October 9, 2017
1035 Debbie Miller’s Medical Record from Dignity Health CMM 1756
Group Nevada, dated October 31, 2017
-25-

1
2
3
4
5

1036 Debbie Miller’s Medical Record from Dignity Health CMM 1737
Group Nevada, dated December 10, 2018
1037 Notice of Termination for Javier Cabrera, dated October CMM 151-155
30, 2017
1038 Letter from Paul D. Cotsonis to Susan Smith with CMM 532-535

6

attachments, dated December 13, 2017

7

1039 Debrief Sheet, dated October 18, 2017

Local 395-396

8

1040 Debrief Sheet, dated October 24, 2017

Local 394

9

1041 Email from Javier Cabrera to Grace Vergara, dated Local 406

10

October 16, 2017, at 11:13 p.m. (Note, includes entire

11

email chain).

12

1042 Email from Grace Vergara to Javier Cabrera, dated Local 406

13

October 16, 2017, at 11:48 p.m. (Note, includes entire

14

email chain).

15
16
17
18
19
20
21
22

1043 **Email

from

Sean

W.

McDonald

to

Michael Local 314

Mcavoyamaya , dated January 2, 2018, at 3:38 p.m.
1044 **Email from Michael Mcavoyamaya to Sean W. Local 128- 129
McDonald, dated January 4, 28, at 9:05:51 p.m.
1045 Staff Union CBA, dated January 1, 2015 through Local 169 -203
December 31, 2018
1046 **Letter from Michael Mcavoyamaya to the National CMM 553-585
Labor Relations Bord, dated May 29, 2018

23

1047 Debbie Miller’s Responses to Interrogatories

24

1048 Staff Union’s Responses to Interrogatories

25

1049 Requests for Admissions sent to Debbie Miller, dated

26
27

August 22, 2019
1050 **Edward L. Bennett Expert Report with exhibits
-26-

1

1051 **Kirk Marangi Expert Report with tables and
attachments

2
3

1052 **Joint Petition for Divorce, filed July 18, 2014

1053 **Decree of Divorce, filed August 27, 2014

Local

1340-

1361

6
7

1054 Rebuttal documents. Local 1107 places other parties on

8

notice that other documents not listed as an exhibit may

9

be used as exhibits in rebuttal to testimony given or other
evidence presented.

10
11

1275-

1288

4
5

Local

1055 Local 1107 incorporates and may use or otherwise rely

12

upon exhibits identified and / or used by other parties.

13

C. SEIU’s list.

14

In addition to those exhibits listed below, SEIU hereby incorporates and may

15

rely for its case-in-chief on any exhibit named by Local 1107 or any other party, and

16

also reserves its right to call additional documents for rebuttal or impeachment

17

purposes.

18

No.

Description

Bates Nos.

19
20
21
22

1107 SEIU 2016 Constitution and Bylaws
1108 Trusteeship Order, dated April 28, 2017
1109 Report and Recommendations on Emergency Trusteeship

23
24
25
26
27

Dated March 3, 2022.
CHRISTENSEN JAMES & MARTIN
By:

ROTHNER, SEGALL & GREENSTONE

/s/ Evan L. James

By:
-27-

/s/ Eli Naduris-Weissman

1
2
3
4
5
6
7
8
9
10
11

Evan L. James, Esq.
Nevada Bar No. 7760
7440 W. Sahara Avenue
Las Vegas, NV 89117
Tel.: [phone]
Fax: [phone]
[e-mail]
Attorneys for Local 1107,
Luisa Blue, and Martin Manteca

Eli Naduris-Weissman, Esq.
Pro Hac Vice
510 S. Marengo Ave.
Pasadena, California 91101-3115
Tel.: [phone]
[e-mail]
Attorneys for SEIU and
Mary Kay Henry

By: /s/ Michael J. Mcavoyamaya
Michael J. Mcavoyamaya, Esq.
Nevada Bar No. 14082
4539 Paseo Del Ray
Las Vegas, NV 89121
Tel.: [phone]
[e-mail]
Attorney for Plaintiffs

12
13

IT IS ORDERED that Calendar call is set for September 19, 2023 at

14 10:00 AM in LV 7C; Jury Trial is set for October 2, 2023 at 8:30 am in LV Courtroom 7C.
15
16

RICHARD F. BOULWARE, II
United States District Judge

17
18

Dated: March 30, 2023

19
20
21
22
23
24
25

\

26
27
-28-

CERTIFICATE OF SERVICE

1
2

I am an employee of Christensen James & Martin and caused a true and correct copy of the

3

foregoing document to be served in the following manner on the date it was filed with the Court’s

4

ECF System.

5

✓

ELECTRONIC SERVICE: Through the Court’s E-Filing System to the following:

6

__

VIA UNITED STATES MAIL:

7
8
9
10
11
12
13

Michael J. Mcavoyamaya, Esq.
4539 Paseo Del Ray
Las Vegas, NV 89121
Jonathan Cohen, Esq.
Eli Naduris-Weissman, Esq.
Carlos Coye, Esq.
Rothner, Segall & Greenstone
510 South Marengo Avenue
Pasadena, California 91101-3115

Email copy to: [e-mail]

Email copy to: [e-mail]
Email copy to: [e-mail]
Email copy to: [e-mail]

14
15
16

CHRISTENSEN JAMES & MARTIN

17

By: /s/ Evan L. James
Evan L. James

18
19
20
21
22
23
24
25
26
27
-29-