A.M. v. Valve Corporation

Filing 117

PRETRIAL ORDER by Judge Thomas S. Zilly. (SWT)

Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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Case No. 2:16-cv-1166-TSZ

A.M.,

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PRETRIAL ORDER

Plaintiff,
v.

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VALVE CORPORATION,
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Defendant.
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JURISDICTION
The Court has jurisdiction over this civil action under 28 U.S.C. section 1332 (diversity
jurisdiction) as the parties are diverse and the amount in controversy exceeds $75,000.

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CLAIMS AND DEFENSES
The plaintiff will pursue at trial the following claims:
1.

Wrongful Termination based on Defendant’s discriminatory motive for

terminating Plaintiff because of her transgender status and/or her disabilities.
2.

Discrimination based on Defendant’s termination of Plaintiff because of her

transgender status and/or disabilities.
3.

Unpaid Wages (Overtime) based on Defendant’s failure to compensate Plaintiff

for days she worked in excess of eight hours and weeks she worked in excess of 40 hours.
4.

Cal. Business and Professional Code 17200 -17208, claims based on Defendant’s

violation of wage and hours laws, specifically Defendant’s failure to pay Plaintiff all wages due
PRETRIAL ORDER – PAGE 1
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

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and owing, including overtime wages.
The defendant will pursue the following affirmative defenses:

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1.

Statute of limitations: Pursuant to California’s one-year statute of limitations,

Defendant asserts that Plaintiff’s discrimination claim is time-barred to the extent it is based on
alleged acts of discrimination occurring before March 30, 2015.

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2.

Failure to mitigate: Plaintiff’s damages are limited to the extent she voluntarily

resigned in 2017 from comparable employment at another computer games designer and
distributor, NetMarble. Plaintiff’s job at NetMarble provided her with pay, benefits, and job
duties that were substantially similar to those she had in her prior work with Defendant.
Plaintiff’s damages are further limited to the extent she did not otherwise exercise reasonable
diligence in searching for, accepting and retaining comparable employment after her work for
Valve ended.
Limitation on damages: In addition, as discussed further in Valve’s Motions in

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3.

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Limine and in its Trial Brief, defendant believes there should be no jury trial concerning any

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aspect of Plaintiff’s employee/independent contractor misclassification claim because (1) the

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Court has already dismissed her claims under California Labor Code Section 226.8; (2)

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Defendant has already provided Plaintiff with all of the unpaid wages and associated interest to

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which she claims to be entitled; (3) her request for damages under Chapter 5 (i.e., Section

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17200 et seq) of the California Business and Professions Code is improper because that Chapter

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does not authorize the recovery of any damages, and because she has already been provided

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with the only restitutionary relief to which she might be entitled, namely, unpaid wages and

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associated interest; (4) her request for treble damages based on the language of Chapter 4 of the

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California Business and Professions Code is improper because she has not and cannot assert a

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cause of action under the Chapter for employee/independent contractor misclassification; and

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(5) her claim for unpaid final wages is barred under California law in cases involving disputes

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about employee/independent contractor misclassification.
PRETRIAL ORDER – PAGE 2
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

ADMITTED FACTS

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The following facts are admitted by the parties:

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1.

Plaintiff is a transgender woman.

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2.

Plaintiff worked for Defendant as a translator and in customer support from 2008

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until January 2016.
3.

On January 15, 2016 Defendant notified Plaintiff that it decided to end Plaintiff’s

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work with Defendant and bring Spanish translations in-house rather than continue to have the

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work done remotely. Defendant notified Plaintiff it is a company of in-house collaborators and

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Plaintiff being off site made it more difficult to communicate with her effectively regarding

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issues within the STS community.
4.

In response to the termination notice, Plaintiff asked “If I were willing to relocate

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back to Seattle, do you believe the company would be willing to restore me as a full time in-

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house employee?” Defendant responded “We are not interested in moving you back to a full time

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position at Valve.”

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5.

In 2013, Defendant provided positive feedback to Plaintiff regarding her

performance.
6.

In the year preceding her termination, Defendant gave Plaintiff an hourly raise

from $40 per hour to $45 per hour.
7.

At the time of termination, Defendant had no issue with the quality of Plaintiff’s

foreign language translations.
8.

Before relocating to Los Angeles, Plaintiff received feedback that she was seen by

co-workers as difficult, negative, argumentative, and not collaborative.
ISSUES OF LAW

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The following are the issues of law to be determined by the court:

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1.

Motions in limine presented by the parties.

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2.

The jury instructions as presented by the parties.

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3.

The proper verdict form.

PRETRIAL ORDER – PAGE 3
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

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4.

Evidentiary issues presented by the parties.

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5.

Whether Plaintiff has presented sufficient evidence to support a jury verdict on

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her claims;
6.

Attorneys’ fees, costs, interest on damages, penalties, and tax consequences

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associated with the judgment, whether in favor of Plaintiff or Defendant.

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Plaintiff presents the following additional issue of law:

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1. Whether defendant may seek summary judgment of plaintiff’s claims in causes of action

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six and seven through its motions in limine or trial brief when defendant did not seek

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summary judgment on these claims before the scheduling order deadline and the Court

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recognized in its ruling on summary judgment that the “unpaid wages and business and

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professional code claims” are “going forward to trial”?;

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2. Whether defendant may assert unpled affirmative defenses?

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Defendant presents the following additional issues of law:

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1. Whether Plaintiff is entitled to present her employee/independent classification claims to

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a jury or, in the alternative, whether those claims have already been rendered moot by

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Plaintiff’s receipt of all unpaid wages and associated interests, and/or whether those

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claims are improperly asserted under California law;

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2. Whether Plaintiff is entitled to equitable relief for the claims she asserts under Section

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17200 et seq. of the California Business and Professions Code; and whether she is

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entitled to any relief under Chapter 4 of the California Business and Professions Code

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(the Unfair Practices Act, Section 17000 et seq.) when she has not asserted any cause of

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action under that Chapter and cannot do so.
EXPERT WITNESS

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The name and address of the expert witness to be used by plaintiff at trial and the issue upon

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which he will testify is:

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(1) On half of plaintiff;

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Ivan Greenspan, PsyD, treating psychologist, 4955 Van Nuys Blvd. Suite 704, Sherman
PRETRIAL ORDER – PAGE 4
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

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Oaks, CA 91403. Dr. Greenspan is a psychologist who will testify regarding Plaintiff’s diagnosis

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and the emotional/psychological impact suffered by Plaintiff due to Defendant’s decision to

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terminate Plaintiff’s employment.

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OTHER WITNESSES

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The names and addresses of witnesses, other than experts, to be used by each party at the time of

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trial and the general nature of the testimony of each are:

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(a) On behalf of plaintiff:

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1.

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Kathy Gehrig, 29007 Se Preston Way, Issaquah, WA 98027. Ms. Gehrig is a

former Human Resource Manager at Defendant who may be called to testify to facts related to

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Plaintiff’s disclosure of disabilities, events surrounding a history of gender and/or disability

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discrimination in the workplace, and Defendant’s policies, procedures, and training during her

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employment.

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2.

Juan Lorenzo Atienzar Godoy. Mr. Godoy is a former unpaid Steam Translation

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Server translator and moderator at Defendant who may be called to testify to facts related to

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Plaintiff’s work and events surrounding a history of gender and/or disability discrimination in

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the workplace.

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3.

Francesca Gola, 2221 N 59th St, Seattle, WA 98103. Ms. Gola is a former

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translator and customer support representative at Defendant. Ms. Gola may be called to testify

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to facts related to Plaintiff’s work and events preceding Defendant’s decision to terminate

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Plaintiff’s employment and surrounding a history of gender and/or disability discrimination in

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the workplace.

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4.

Erik Johnson, 10900 NE 4th St, Bellevue, WA 98004. Mr. Johnson is a business

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development and employee compensation employee at Defendant. Mr. Johnson will be called to

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testify to facts related to Defendant’s policies, procedures and training and events surrounding a

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history of gender and/or disability discrimination in the workplace.

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5.

Laure Lacascade, 10900 NE 4th St, Bellevue, WA 98004. Ms. Lascade is

currently a project manager at Defendant who may be called to testify to facts related to
PRETRIAL ORDER – PAGE 5
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

Plaintiff’s work, Defendant’s policies, procedures, and training, and events preceding

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Defendant’s decision to terminate Plaintiff’s employment and surrounding a history of gender

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and/or disability discrimination in the workplace.

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6.

Liam Lavery, 16 Comstock St, Seattle, WA 98109. Mr. Lavery is currently

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general counsel at Defendant who will be called to testify to facts related to Defendant’s

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classification of Plaintiff, Defendant’s policies, procedures and training, and events surrounding

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a history of gender and/or disability discrimination in the workplace.

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7.

Scott Lynch, 10900 NE 4th St, Bellevue, WA 98004. Mr. Lynch is currently a

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director and chief operating officer at Defendant who will be called to testify to facts related to

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Defendant’s classification of Plaintiff, Defendant’s policies, procedures and training, and events

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surrounding a history of gender and/or disability discrimination in the workplace.

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8.

Plaintiff Antonella Maddalena, of Studio City, CA. Ms. Maddalena will be called

to testify to facts regarding all aspects of her claims against Defendant.
9.

Victor Hugo Martin, Calle San José 76 30510 Yecla, Murcia, Spain. Mr. Martin is

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a former unpaid Steam Translation Server translator and moderator at Defendant who may be

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called to testify to facts related to Plaintiff’s work and events preceding Defendant’s decision to

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terminate Plaintiff’s employment and surrounding a history of gender and/or disability

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discrimination in the workplace.

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10.

Dina Nelson, 14632 Se 22nd St, Bellevue, WA 98007. Ms. Nelson is a former

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Human Resource Manager at Defendant who will be called to testify to facts related to Plaintiff’s

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disclosure of disabilities, Plaintiff’s work, Defendant’s decision to terminate Plaintiff’s

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employment, events preceding Defendant’s decision to terminate Plaintiff’s employment and

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surrounding a history of gender and/or disability discrimination in the workplace, and

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Defendant’s policies, procedures, and training during her employment.

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11.

Elizabeth Ratto, 10224 41st Ave SW, Seattle, WA 98146. Ms. Ratto is currently a

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benefits and payroll administrator at Defendant who will be called to testify to facts related to

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Plaintiff’s work, Plaintiff’s benefits and payroll, and benefits Defendant provided to workers
PRETRIAL ORDER – PAGE 6
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
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classified as employees during the time period that Defendant classified Plaintiff as a contractor.
12.

Florent Schiffer, 10900 NE 4th St, Bellevue, WA 98004. Mr. Schiffer is currently

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a project manager at Defendant who may be called to testify to facts related to Plaintiff’s work,

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Defendant’s policies, procedures, and training, and events preceding Defendant’s decision to

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terminate Plaintiff’s employment and surrounding a history of gender and/or disability

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discrimination in the workplace.

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13.

Juan Jose Villegas, Ronda de Capuchinos n1 3C, 41009, Sevilla, Spain. Mr.

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Villegas is a former unpaid Steam Translation Server translator and moderator at Defendant

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who may be called to testify to facts related to Plaintiff’s work and events preceding

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Defendant’s decision to terminate Plaintiff’s employment and surrounding a history of gender

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and/or disability discrimination in the workplace.

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Torsten Zabka, 4916 69th Avenue Ct W, University Place, WA 98467. Mr. Zabka

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is currently the Steam Translation Server supervisor at Defendant who will be called to testify to

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facts related to Plaintiff’s work, Defendant’s decision to terminate Plaintiff’s employment,

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events preceding Defendant’s decision to terminate Plaintiff’s employment and surrounding a

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history of gender and/or disability discrimination in the workplace, and Defendant’s policies,

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procedures, and training.

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(b) On behalf of defendant:
1. Lauren Alexander

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c/o Fox Rothschild LLP

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1001 Fourth Ave., Ste. 4500

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Seattle, WA 98154

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Will testify

[phone]

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Ms. Alexander will testify regarding Plaintiff’s work with Valve, Plaintiff’s performance issues,

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and Plaintiff’s dismissal

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2. John Cook

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Will testify

c/o Fox Rothschild LLP
PRETRIAL ORDER – PAGE 7
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

1001 Fourth Ave., Ste. 4500

2

Seattle, WA 98154

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[phone]

4

Mr. Cook will testify regarding Plaintiff’s work with Valve, Plaintiff’s performance issues, and

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Plaintiff’s dismissal.

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3. Dawn Dempsey

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c/o Fox Rothschild LLP

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1001 Fourth Ave., Ste. 4500

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May testify

Seattle, WA 98154

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[phone]

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Ms. Dempsey may testify regarding a workplace discussions leading to Plaintiff’s dismissal.

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4. Justin Ennen

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c/o Fox Rothschild LLP

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1001 Fourth Ave., Ste. 4500

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Seattle, WA 98154

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May testify

[phone]

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Mr. Ennen may testify regarding evidence that Plaintiff did not perform all of the work for which

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she claimed and received payment from Valve.

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5. Liam Lavery

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c/o Fox Rothschild LLP

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1001 Fourth Ave., Ste. 4500

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Seattle, WA 98154

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May testify

[phone]

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Mr. Lavery may be called to testify to facts related to his knowledge of Plaintiff’s work, peer

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feedback concerning her work at Valve, and her proposed dismissal in early 2011.

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6. Dina Nelson

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Will testify

c/o Fox Rothschild LLP
PRETRIAL ORDER – PAGE 8
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

1001 Fourth Ave., Ste. 4500

2

Seattle, WA 98154

3

[phone]

4

Ms. Nelson will be called to testify to facts related to her knowledge of Plaintiff’s work at Valve,

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the circumstances leading to the termination of Plaintiff’s work with Valve, and other facts with

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which she was familiar concerning Valve’s operations and human resources practices.

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7. Elizabeth Ratto

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c/o Fox Rothschild LLP

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May testify

1001 Fourth Ave., Ste. 4500

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Seattle, WA 98154

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[phone]

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Ms. Ratto may be called to testify to facts concerning Plaintiff’s compensation at Valve.

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8. Jenni Salmi

Will testify

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c/o Fox Rothschild LLP

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1001 Fourth Ave., Ste. 4500

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Seattle, WA 98154

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[phone]

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Ms. Salmi will testify regarding Plaintiff’s work with Valve, Plaintiff’s performance issues, and

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Plaintiff’s dismissal.

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9. Doug Valente

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c/o Fox Rothschild LLP

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1001

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Seattle, WA 98154

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May testify

[phone]

Fourth Ave., Ste. 4500

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Mr. Valente may testify regarding Plaintiff’s work with Valve and Plaintiff’s performance issues.

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10.

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Torsten Zabka

c/o Fox Rothschild LLP
PRETRIAL ORDER – PAGE 9
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

1001 Fourth Ave., Ste. 4500

2

Seattle, WA 98154

3

[phone]

4

Mr. Zabka will be called to testify to facts concerning Plaintiff’s work and work responsibilities

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at Valve; his work relationship and communications with Plaintiff; the circumstances leading to

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Valve’s decision to terminate its work with Plaintiff, and other facts with which he was familiar

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regarding Plaintiff and concerning Valve’s operations.
The parties reserve the right to call additional rebuttal witnesses, the necessity of whose

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testimony cannot reasonably be anticipated at this time.

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EXHIBITS

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Plaintiff’s Exhibits:

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At the time of trial, Plaintiff plans to offer the following exhibits, excluding exhibits to be

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used for impeachment only:

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Plaintiff
Exhibit
No.

Description

1

21

4

Valve email string re positive feedback
(VALVE_AM_0016145-146)

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AM email to Nelson re raise, dated, May 8
2015; (VALVE_AM_0015854)

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Zabka 2015 Peer Review email (Nelson
Dep Ex. 2)

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Valve email string discussing “it” dehumanize (VALVE_AM_00006490000650)

Admitted

Nelson email denying A.M. chance to
relocate to Bellevue, dated January 19,
2016 (VALVE_AM_000125)

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Auth. &
Admiss.
Disp.

Nelson termination email to A.M., dated
January 15, 2016 (VALVE_AM_0000126)

3

Auth.
Stip.
Admiss.
Disp.

A.M. email re hostile work environment
dated January 7, 2016
(VALVE_AM_0015450-0015452)

2

Admiss.
Stip.

17
18
19
20

23
24
25
26

X

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PRETRIAL ORDER – PAGE 10
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Plaintiff
Exhibit
No.

Description

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Email between Lynch and Johnson, dated
October 13, 2013 (VALVE_AM_008032180322)

10

Zabeki chat with Zabka, dated January 15,
2013 (VALVE_AM_0078537)

7

11
12

Auth. &
Admiss.
Disp.

Admitted

AM to Nelson, dated, March 16,
2011(Nelson Dep. Ex. 10)

8

Auth.
Stip.
Admiss.
Disp.

Email from Godoy to Nelson, dated August
19, 2016 re Zabka chat (AM000124-125)

9

Admiss.
Stip.

Contractor Agreement, dated February
2012 (VALVE_AM_000104-108)

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4
5
6

9
10

13

Email between Nelson and AM, dated
March 23-24, 2015

X
X

X

X

(Nelson Dep Ex. 9)

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14

Valve handbook (Nelson Dep. Ex. 1)

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15

Nelson email to Cook, dated January 14,
2016 (Nelson Dep Ex.3)

13

16

Cook email to Nelson, dated January 14,
2016 (Nelson Dep Ex. 4)

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17

Email calendaring Jan 21, 2016 meeting re
AM (VALVE_AM_0015440)

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Email string re AM termination dated
January 15, 2016 (Nelson Dep. 5)

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Nelson email dated January 15, 2016
(Nelson Dep Ex. 6)

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HR termination form
(VALVE_AM_0000123)

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21

Rollup hours before termination;
(VALVE_AM_0000117)

X

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22

Teamviewer (Villegas Decl. Ex. A)

X

21

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Zabka email dated November 8, 2014
(Villegas Decl. Ex. B)

X

22

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Zabka email dated November, 10, 2014
(Villegas Decl. Ex. B)

X

23

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Zabka email dated November 17, 2017
(Villegas Decl. Ex. B)

X

26

Zabka email to Villegas dated June 15,
2015 (Villegas Decl. Ex. B)

X

27

River email to Nelson dated January 11,
2016 (VALVE_AM_0015446)

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Chat including TZ, AM, JV,
CW(VALVE_AM_0007560)

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18

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27

PRETRIAL ORDER – PAGE 11
(2:16-cv-1166 -TSZ)

X

X

X
focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Plaintiff
Exhibit
No.

Description

Admiss.
Stip.

Auth.
Stip.
Admiss.
Disp.

3

29
30

A.M. chat with Lacascade dated January 8,
2016 (VALVE_AM_0000578)

5

31

A.M. chat with Lacascade dated January 7,
2016 (VALVE_AM_0000586)

32

Salmi chat with Schiffer, dated January 12,
2016 (VALVE_AM_0016208)

33

Nelson email to Cook and Boyd, dated
December 8, 2014 VALVE_AM_0045501)

9

34

Email between A.M., Zabka and others,
dated Jan 5, 2016 (ZabkaDep. Ex. 11)

10

35

A.M. email to Ratto, dated July 15, 2014
(VALVE_AM_0016130-16131)

X

11

36

Tabish email to Nelson, dated May 31,
2013 (VALVE_AM_0016020 -16021)

X

37

A.M. email to Ratto, dated December 16,
2012 (VALVE_AM_0000116)

X

38

A.M. email to Ratto, dated November 13,
2012 (VALVE_AM_0000118)

X

39

A.M. email to Zabka, dated September 13,
2015 (VALVE_AM_0005128)

40

Zabka and AM chat (VALVE_AM_78555)

41

Email string dated November 2, 2015
(VALVE_AM_0011643-11653)

X

42

Coombs email to A.M., dated January 8,
2016 (VALVE_AM_0001895)

X

19

43

Employee pay record spreadsheet
(VALVE_AM_0079085)

X

20

44

Timesheet 2.2012
(VALVE_AM_0016091)

21

45

Zabka email dated November 17, 2015
(VALVE_AM_0007603-4)

46

Zabka email to A.M., dated January 8,
2016 (VALVE_AM_0000891)

47

Martin email re Westwood, dated 12.24.15
(VALVE_AM_0000897-0000898)

48
49
50
51

2013 tax return (AM0002882-2909)

X

2014 tax return (AM0002910-2973)

X

2012 tax return (AM0005624-5662)

X

2015 tax return (AM0005663-5695)

Admitted

A.M. chat with Lacascade dated January 8,
2016 (VALVE_AM_0000574)

4

Auth. &
Admiss.
Disp.

X

6
7
8

12
13
14
15
16
17
18

22
23
24
25
26
27

PRETRIAL ORDER – PAGE 12
(2:16-cv-1166 -TSZ)

X

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Plaintiff
Exhibit
No.

Description

Admiss.
Stip.

Auth.
Stip.
Admiss.
Disp.

Auth. &
Admiss.
Disp.

52

2016 tax return (AM0002974-2988)

X

53

2012-2016 timesheets/payroll records
(VALVE_AM_0000002-88)

X

54

Revised Timecard Analysis 09082017
(AM005712-5734)

6

55

Google ZeroChaos Records (AM00057045705)

7

56

Netmarble Records (AM005595AM005601)

57

I-Yuno Records (AM005696-5700, and
AM005735)

58

CA Unemployment screenshots
(AM005701-5703)

X

59

GTH Letter, date September 8, 2010
(VALVE_AM_080481-80483)

X

12

60

Valve Answers to A.M.’s First
Interrogatories

X

13

61

Insurance and Benefit records
(VALVE_AM_0000091, 0000128,
0015508-15577, and 0078832-78945)

X

62

Email dated April 22, 2016 re
unemployment (AM001681-3)

X

16

63

Email dated April 12, 2016 re
unemployment (AM001696)

X

17

64

Valve Supplemental Answers to A.M.’s
First Interrogatories

X

65

VH Martins email dated July 25, 2016 to
Nelson, Zabka and Newell, etc.
(Valve_AM_0005101-2

X

66

[HR_USA] email dated September 8, 2017
re September 5, 2017 Payroll (AM0057065708)

X

67

Dr. Greenspan Invoice (AM005709-5710)

68

Past and Future Lost Wages Analysis
(AM005711)

69

Check No. 28628 re Overtime Wages and
Interest

70

Gola email to Zabka and A.M., dated
January 13, 2016 (VALVE_AM_0001303)

71

Admitted

Valve Intranet Screenshot – AntiHarassment Policy
(VALVE_AM_0078830-78831)

3
4
5

8
9
10
11

14
15

18
19
20
21
22
23
24
25
26

X

X
X

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PRETRIAL ORDER – PAGE 13
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

Defendant’s Exhibits:

2

At the time of trial, Defendant plans to offer the following exhibits, excluding exhibits to

3
4

be used for impeachment only:
Ex. No.

Bates No.

Document

A-1

VALVE_A
M_007824 3

Chat dated October 16, 2009

X

A-2

VALVE_A
M_007831
2.001-2

Chat dated March 4, 2010

X

A-3

VALVE_A
M_007839 3

Chat dated September 16,
2010

A-4

VALVE_A
M_00064667

Email dated December 6, 2010
re 2010 peer review

X

A-5

VALVE_A
M_008026667, 75-78

Email dated January 12, 2011
re negative reviews

X

A-6

VALVE_A
M_0007640

Email dated January 18, 2011
re AM feedback

X

A-7

VALVE_A
M_0007639

Email dated February 15, 2011
re concerns about AM

X

A-8

VALVE_A
M_00747679

Email dated February 23, 2011
re compensation

X

A-9

VALVE_A
M_007474850

Email dated February 27, 2011
re compensation

X

A-10

VALVE_A
M_007473842

Email dated February 28, 2011
re AM

X

A-11

VALVE_A
M_00747214

Email dated March 2, 2011 re
compensation

X

A-12

VALVE_A
M_0074716

Email dated March 10, 2011 re
AM compensation

X

5
6

Admiss.
stip.

Auth. stip.,
admiss.
disp.

Auth.
&admiss.
disp.

Admitted

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

PRETRIAL ORDER – PAGE 14
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Ex. No.

VALVE_A
M_0078466

A-14

VALVE_A
M_00051723

Email dated December 8, 2011
re feedback

A-15

VALVE_A
M_0078070
Not
numbered

A-17

Auth. stip.,
admiss.
disp.

Auth.
&admiss.
disp.

Admitted

Chat dated May 5, 2012

A-16

Admiss.
stip.

Chat dated August 11, 2011 re
AM transition

5
6

Document

A-13

3
4

Bates No.

X

7
8

Chat from January 15, 2013
between Torsten Zabka and
Shawn Zabecki

X

VALVE_A
M_000511418

Google chat dated 11/7/14
between AM and Zabka

X

A-18

VALVE_A
M_0046521

Chat dated April 29, 2015 re
AM feedback

X

A-19

VALVE_A
M_0074489

Email dated November 9,
2015 re Spanish support

X

A-20

VALVE_A
M_00109745

Email dated November 10,
2015 re Spanish support

X

A-21

VALVE_A
M_00107689

Email dated November 12,
2015 re AM’s quality of
customer ticket handling.

X

A-22

VALVE_A
M_00071867

Chat dated November 13,
2015 re AM’s quality of
customer ticket handling

X

A-23

VALVE_A
M_001067176

Email dated November 13,
2015 re AM’s quality of
customer ticket handling

X

A-24

VALVE_A
M_0009810

Email dated November 24,
2015 re AM’s work
anniversary

A-25

VALVE_A
M_0007565

Email dated December 14,
2015 re removing Juan Jose
Villegas

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

X

26
27
PRETRIAL ORDER – PAGE 15
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Ex. No.

Bates No.

Document

A-26

VALVE_A
M_000365960

Email dated December 25,
2015 re Clint Westwood

A-27

VALVE_A
M_00050216

Chat dated January 5, 2016 re
Clint Westwood

A-28

VALVE_A
M_00050145

Chat dated January 5, 2016 re
Juan Jose

A-29

VALVE_A
M_00048601

Email dated January 7, 2016 re
Clint Westwood

A-30

VALVE_A
M_0005013

Email dated January 7, 2016 re
Torsten preparation

A-31

VALVE_A
M_00048502

Email dated January 7, 2016 re
Clint Westwood removal

A-32

VALVE_A
M_00048256

Email dated January 8, 2016 re
Juan Jose Villegas

A-33

VALVE_A
M_0004837

Email dated January 8, 2016 re
AM admin privileges

A-34

VALVE_A
M_00051057

Notes dated January 12, 2016
re AM

A-35

VALVE_A
M_00050101

Email dated January 8, 2016 re
STS

A-36

VALVE_A
M_0005012

Email dated January 8, 2016 re
STS strike

A-37

VALVE_A
M_0005129

Email dated January 10, 2016
re STS

A-38

VALVE_A
M_00050089

Email dated January 12, 2016
re Torsten and STS

3
4
5
6
7
8
9
10

Admiss.
stip.

Auth. stip.,
admiss.
disp.

Auth.
&admiss.
disp.

Admitted

X

X

11
12
13
14
15
16
17
18
19
20
21

X

22
23
24
25
26
27
PRETRIAL ORDER – PAGE 16
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Ex. No.

Bates No.

Document

A-39

VALVE_A
M_00154413

Email dated January 14, 2016
re Torsten and STS

A-40

VALVE_A
M_0004764

Email dated January 14, 2016
re Torsten and STS

A-41

VALVE_A
M_0007541

Email dated January 14, 2016
re meeting re AM

X

A-42

VALVE_A
M_0078729

Handwritten notes by Dawn
Dempsey

X

A-43

VALVE_A
M_0074811

Email dated January 15, 2016
re AM

X

A-44

VALVE_A
M_00077478

Email dated January 15, 2016
re AM

X

A-45

VALVE_A
M_00154389

Email dated January 15, 2016
re AM

X

A-46

VALVE_A
M_0068919

Email dated January 18, 2016
re AM dismissal

X

A-47

VALVE_A
M_00744723

Email dated January 18, 2016
re AM dismissal

X

A-48

VALVE_A
M_0015437

Email dated January 19, 2016
re AM dismissal

X

A-49

VALVE_A
M_0007544

Appointment dated January
21, 2016 re AM

X

A-50

VALVE_AM
_00803960080418

Spreadsheet regarding AM
work hours

X

A-51

IG000001000106

Medical Records of Ivan
Greenspan PsyD, QME

X

3
4

Admiss.
stip.

Auth. stip.,
admiss.
disp.

Auth.
&admiss.
disp.

Admitted

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PRETRIAL ORDER – PAGE 17
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1
2

Ex. No.

Bates No.

Document

A-52

VALVE_AM
_0078062

Chat dated February 24, 2012
between AM and Torsten
Zabka

A-53

VALVE_AM
_0078072

Chat dated May 18, 2012
between AM and Torsten
Zabka

A-54

VALVE_A
M_0078156

Chat dated May 18, 2009
between AM and Torsten
Zabka

A-55

VALVE_A
M_0078535

Chat dated February 4, 2012
7:32:29 PM between AM and
Torsten Zabka

A-56

VALVE_A
M_000510813

Google chat dated October 25,
2015 between AM and Zabka

A-57

VALVE_A
M_000511925

Email dated September 29,
2015 from Zabka to AM

A-58

Not
Numbered

3
4
5
6
7
8
9
10
11
12
13
14

Admiss.
stip.

Auth. stip.,
admiss.
disp.

Auth.
&admiss.
disp.

Admitted

X

Progress note dated June 2,
2017 (Greenspan Dep Ex. 2)

15
DEPOSITIONS

16
17

Plaintiff Plans to Offer the Following Portions of Deposition Transcripts at Trial
Except for deposition testimony offered solely for impeachment, Plaintiff plans to offer

18
19
20

the following:
Valve

21
22

40:3-41:1
76:22-77:23
118:15-24
119:22-120:10
153:20-154:15

23
24
25

///
///

26
27
PRETRIAL ORDER – PAGE 18
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

Except for deposition testimony offered solely for impeachment, Defendant plans to offer
the following portions of deposition transcripts:

2

20

4:12-5:2
5:20-6:2
8:18-9:5
15:11-16:15
17:13-23
19:4-17
19:24-20:16
21:15-24:10
25:17-24
26:1-18
27:10-16
30:24-32:16
33:11-14
33:24-37:21
39:22-41:21
44:16-46:23
48:12-49:7
51:17-52:2
52:13-18
53:7-8
54:3-9
54:13-56:6
59:25-60:4
60:23-61:13
62:20-63:2
65:20-66:9
69:19-70:23
72:24-73:11
74:5-8
75:20-76:5
76:17-77:18
78:23-79:2
82:12-88:1
88:22-94:15
97:3-25

21

ACTION BY THE COURT

3

Deposition of Dr. Ivan Greenspan

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

22

(a) This case is scheduled for trial before a jury on October 27, 2017 at 9:00 am.

23

(b) Trial briefs shall be submitted to the court on or before October 6, 2017.

24

(c) Jury instructions requested by either party shall be submitted to the court on or before

25

October 6, 2017. Suggested questions of either party to be asked of the jury by the court on voir

26

dire shall be submitted to the court on or before October 6, 2017.

27

(d) (Insert any other ruling made by the court at or before pretrial conference.)
PRETRIAL ORDER – PAGE 19
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]

1

This order has been approved by the parties. This order shall control the subsequent

2

course of the action unless modified by a subsequent order. This order shall not be amended

3

except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

4
DATED this 13th day of October, 2017.
5

A

6
7

Thomas S. Zilly
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PRETRIAL ORDER – PAGE 20
(2:16-cv-1166 -TSZ)

focal PLLC
900 1st Avenue S., Suite 201
Seattle, Washington 98134
telephone [phone]
fax [phone]