Brown v. King County

Filing 114

PRETRIAL ORDER. Signed by Judge Thomas S. Zilly. (MW)

The Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CLAUDE BROWN,
Plaintiff,

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vs.

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KING COUNTY,
Defendant.

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Case No. 2:16-cv-01340-TSZ
JOINT PRETRIAL ORDER
STATEMENT
TRIAL DATE: June 14, 2021

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Pursuant to Local Rule 16(h), the parties submit the following Joint Pretrial
Statement.

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I.

JURISDICTION

The parties agree that jurisdiction is vested in this court by virtue 28 U.S.C. § 1331
(federal question jurisdiction) and 28 U.S.C. § 1367 (supplemental jurisdiction over state
law claims). Therefore, subject matter jurisdiction is proper under federal law.

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II.

CLAIMS AND DEFENSES

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JOINT PRETRIAL ORDER STATEMENT - 1
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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Plaintiff Claude Brown will pursue the following claims at trial:

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1.

Defendant King County discriminated against plaintiff Claude Brown on the

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basis of his race when denying him promotion to Rail Supervisor in Training positions

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between 2011 in October 2012 and/or May 2014.

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2.

Defendant King County discriminated against plaintiff Claude Brown on the

basis of his race when removing him from his special duty assignment to Acting Technical
Trainer in July 2013.

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3.

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Defendant King County retaliated against plaintiff Claude Brown because he

complained about racial discrimination internally and with the King County Office of Civil
Rights when denying him promotion to Rail Supervisor in Training positions between 2012
and 2014.
4.

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Defendant King County retaliated against plaintiff Claude Brown because he

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complained about racial discrimination internally and with the King County Office of Civil

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Rights when removing him from his special duty assignment to Acting Technical Trainer

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in 2013.

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5.

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Against Discrimination, R.C.W. 49.60 et. seq. and 42 U.S.C. § 1981.

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In discriminating against plaintiff, defendant violated the Washington Law

6.

In retaliating against plaintiff, defendant violated the Washington Law

Against Discrimination, R.C.W. 49.60 et. seq. and 42 U.S.C. § 1981.1

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Defendant objects to plaintiff’s vague and overly broad statement of the claims at issue in this
case after its remand. As defendant will discuss further in its trial brief, and as this Court has already
held, the statute of limitations cuts off claims from before July 25, 2012 under 42 U.S.C. § 1981
JOINT PRETRIAL ORDER STATEMENT - 2
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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Defendant King County will pursue the following affirmative defenses at trial:

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1.

Plaintiff has failed to state a claim upon which relief may be granted.

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2.

Plaintiff’s claim is barred by the applicable statute of limitations.

3.

Plaintiff has failed to mitigate his damages, if any exist.

4.

Defendant’s employment practices are now, and have been during the

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period of time referred to in the complaint, conducted in all respects in accordance with
local, state and federal laws, regulations and constitutions.

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5.

Defendant acted in good faith and on the reasonable belief that it was acting

in accordance with the law.
III.

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ADMITTED FACTS

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1.

Plaintiff Claude Brown is African-American.

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2.

Plaintiff was hired by the King County Department of Transportation in

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November 1997 as a part-time employee.
3.

King County operates the King County Department of Transportation, which

supplies employees to operate Link Light Rail trains throughout the county.
4.

In April of 2000, plaintiff became a full-time Transit Operator.

5.

Plaintiff began working for the King County Department of Transportation

Division Rail Section in February of 2009.

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and from before May 26, 2013 for claims under the Washington Law Against Discrimination,
R.C.W. 49.60.
JOINT PRETRIAL ORDER STATEMENT - 3
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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6.

In October 2012, plaintiff applied for a Rail Supervisor in Training position

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with the job number 2012-02634. Plaintiff was not selected to test or interview for the

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position.

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7.

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Three candidates were selected for the October 2012 RSIT position, they

were John Kwesele, Santiago Maciel, and Jeff Wachtel.
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On March 24, 2013, plaintiff filed complaint number 13-03-04 with the King

County Office of Civil Rights (“KCOCR”) alleging racial discrimination by defendant.

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9.

Plaintiff’s March 24, 2013 KCOCR complaint constituted protected activity.

10.

On May 15, 2013, King County posted a Job Bulletin for a Rail Technical

Trainer position. No one applied for the position.
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On June 21, 2013 Amanda Nightingale, Assistant Superintendent of

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Organizational Development and Training, sought letters of interest from current Rail Line

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Instructors interested in an acting detail to cover the duties of the Rail Technical Trainer

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position.

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12.

On Friday, June 28, 2013, Tom Jones notified Mr. Brown that he would be

placed in the Acting Technical Trainer (“ATT”) detail beginning July 2, 2013.
13.

Plaintiff began his Acting Technical Trainer detail on July 2, 2013.

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On July 10, 2013, Amanda Nightingale notified plaintiff that his Acting

Technical Trainer detail would end on Friday, July 12, 2012.

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15.

On Monday, July 15, 2013, Ms. Nightingale placed Kevin Gumke into the

Acting Technical Trainer detail.

JOINT PRETRIAL ORDER STATEMENT - 4
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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16.

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2014IMM03875.

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On April 18, 2014, plaintiff applied for an RSIT position with the job number

On May 19, 2014, Ivette Martinez-Morales notified plaintiff that his

application materials for job number 2014IMM03875 “were incomplete and/or did not
include all required information.”

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IV.

ISSUES OF LAW

Plaintiff proposes the following issues of law to be determined by the Court:

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1.

Whether evidence demonstrating a pattern of racial discrimination and

retaliation by the testimony of other employees is admissible to show intent to
discriminate by defendants.
2.

Whether plaintiff is entitled to an award of costs and attorneys’ fees, and if

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so, what amount?

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Defendant proposes the following issues of law to be determined by the Court:

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JOINT PRETRIAL ORDER STATEMENT - 5
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

1.

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Whether plaintiff may introduce evidence regarding positions he applied for

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and discipline he alleges he suffered from before the statute of limitations cut offs and, if

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so, whether plaintiff is entitled to a limiting instruction to prevent juror confusion over the

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true claims at issue in this lawsuit.

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2.

Whether plaintiff may introduce evidence of alleged retaliation and

discrimination he either did not plead, or that was specifically not remanded by the
appellate court.

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3.

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Whether plaintiff may introduce evidence of protected activity, namely his

January 2014 KCOCR complaint and April 11, 2016 amended KCOCR complaint, which
he did not plead.

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V.

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Neither party disclosed experts pursuant to FRCP 26.

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VI.

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OTHER WITNESSES2

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

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EXPERT WITNESSES

at the time of trial and the general nature of the testimony of each are:
A. Plaintiff’s Lay Witnesses

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2

Defendant objects to Plaintiff’s late addition of more previously undisclosed witnesses and requests that the witnesses
be barred from testifying at trial. Plaintiff first provided his Pre-Trial statement to defendant on April 16, 2021 with
38 witnesses. On May 16, 2021 Plaintiff provided an updated version of the Pre-Trial statement with updated expected
testimony for all witnesses. Plaintiff withdrew four witnesses (Michael Avery, deceased; Tom Jones, deceased;
Vendetta Brown, undisclosed; Alicia Brown, undisclosed) and belatedly added an additional six new witnesses (Maria
Stafford, Robert Fisher, Virginia Frazier, Balwinder Singh, Steve Chichester, Neal Safrin). Plaintiff failed to list four
of these individuals as a witness or previously disclose them in discovery (Stafford, Fisher, Frazier, and Singh).
Plaintiff failed to list Mr. Safrin as a witness and his disclosure of him as someone who might have facts related to
Plaintiff’s complaint was insufficient notice that he would call him as a witness at trial.
JOINT PRETRIAL ORDER STATEMENT - 6
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Claude Brown
King County Rail Operator
c/o Civil Rights Justice Center, PLLC
2150 North 107th St. Ste. 520
Seattle, WA 98133
[phone]

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Will Call
Frank King
King County Rail Operator
PO Box 78519
Seattle, WA 98178
[phone]

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Will Call

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Bruce Laing
[phone]
Will Call

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Karen Rispoli
4045 Delridge Way, SW #300
Seattle, WA 98106
206-301-2288
Will Call

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Chris McClure
253-314-1926

JOINT PRETRIAL ORDER STATEMENT - 7
CASE NO. 2:16-cv-01340-TSZ

Expected Testimony
Plaintiff will testify about his work history
and experience and the racial discrimination
and retaliation he experienced and witnessed
at the hands of defendant. He will testify
about the emotional harm and mental
anguish he has suffered as a result of
defendant’s actions.
Mr. King is a retired employee of King
County. He will testify about his experiences
of racism and retaliation at King County Rail
and about instances of racial discrimination
against plaintiff and other people of color that
he witnessed. He will further testify about his
experiences of filing complaints of racial
discrimination and of retaliation and
management’s reaction to them.
Mr. Laing is a retired employee of King
County. He may testify to the discrimination
plaintiff has faced, including being passed
over for promotion in favor of candidates with
less experience and relevant work history. He
may testify about the formal and informal
practices within King County Department of
Transportation
(KCDOT)
regarding
promotions and racial remarks he heard.
Ms. Rispoli may testify about the racial
discrimination plaintiff faced in the
workplace, including being passed over for
promotion in favor of candidates with less
experience and relevant work history. She
may testify about the formal and informal
practices within King County Department of
Transportation
(KCDOT)
regarding
promotions and in general how it
discriminates. She will also testify about the
racial slurs she witnessed and management’s
reaction to them.
Mr. McClure may testify to being the subject
of racially-motivated ‘pranks’ while at King
County Department of Transportation and can
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Will Call

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Daryoush Hakki
King County Supervisor

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Will Call

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Kavin James
King County Employee
Will Call

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Bigyon Pratap
King County Employee
Will Call

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John Kwesele
Former King County Employee
[phone]
[e-mail]
JOINT PRETRIAL ORDER STATEMENT - 8
CASE NO. 2:16-cv-01340-TSZ

Expected Testimony
testify to being informed by the Rail
Superintendent
that
plaintiff’s
RSIT
application was deliberately rejected. He may
testify about the formal and informal practices
within King County Department of
Transportation
(KCDOT)
regarding
promotions.
Mr. Hakki may testify to assisting plaintiff in
his complaints of discrimination by
accompanying plaintiff to KCOCR meetings.
He may testify to his conversations with
plaintiff about the discrimination he was
facing.
Mr. James may testify to discrimination
plaintiff suffered in the workplace as well as
his own experiences filing a grievance against
King County through KCOCR and KCDOT’s
response to his grievance. He may testify
regarding the RSIT recruitment process and
his complaints to management through his
union regarding that process. He may testify
to his own experiences of racial
discrimination including instances of being
rejected for promotion in favor of lessqualified white candidates. He way also
testify about how the criteria for the RSIT
position kept changed making it difficult to
qualify.
Mr. Pratap will testify to being a supervisor in
training who was suddenly released from his
position when plaintiff’s KCOCR complaint
was sent to management in its entirety. He
may testify regarding the RSIT recruitment
process and formal and informal practices
regarding promotions within KCDOT. He
will also testify about how he was promised
the next available RSIT position.
Mr. Kwesele will testify to his own
experiences of racial discrimination while at
King County Department of Transportation
Rail, his experience of complaining about
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Will Call

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Shereese Braun
206-499-7833
35400 18th Ave SW
Federal Way, WA 98023
Will Call
Maria Stafford
[phone]
7560 120th St.
Seattle, WA 98178
Will Call
Virginia Frazier
[phone]
32607 46th Ct. SW
Tacoma WA 98405

Expected Testimony
discrimination
to
management,
and
KCDOT’s response to his complaints. He has
personal knowledge of what plaintiff did and
was asked to do during the short time he was
an Acting Technical Trainer.
Ms. Braun personally knows plaintiff and
may testify as to his damages.

Ms. Brown personally knows plaintiff and
may testify as to his damages

Ms. Brown personally knows plaintiff and
may testify as to his damages.

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Will Call
Jefferson Eussell
206-854-3715
Will Call

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James Valaile
[phone]
3407 Airport Way South
Seattle, WA 98134

Mr. Eussell is a coworker of plaintiff’s and
may testify about the disparate treatment Rail
employees
receive
from
supervisors/management based on his race.
He may testify to general practices and
procedures within KCDOT, including
interactions between supervisors and the staff
they manage.
Mr. Valaile was a student plaintiff trained at
Rail and can testify to plaintiff’s abilities and
qualifications. He may testify to general
workplace practices and procedures within
KCDOT.

Will Call
Salah Abdi
Mr. Abdi is a coworker of plaintiff’s and may
Plaintiff will supplement with contact testify about the disparate treatment Rail
information when and if possible
employees
receive
from
supervisors/management based on his race.
JOINT PRETRIAL ORDER STATEMENT - 9
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Expected Testimony

Will Call
Abdi Ibrahim
Rail Supervisor
King County Metro
[phone]

Mr. Ibrahim has faced intimidation and
unfairness in promotions within King County
Metro and can testify the environment of
racial discrimination. He can testify to formal
and informal practices and procedures
regarding promotion and to interactions with
May Call
supervisory staff. He can also testify to the
recruitment process for rail supervisors, to the
job
description
of
and
necessary
qualifications for being a rail supervisor, and
to general practices within KCDOT regarding
promotions and interactions with supervisors.
He can testify to career advancement within
KCDOT and the benefits he has gained
through becoming a supervisor.
Shannon Shay
Ms. Shay has directly supervised plaintiff and
Plaintiff will supplement with contact can testify to his abilities and qualifications.
information when and if possible
Will Call
Sandra Dodge
Ms. Dodge is familiar with the recruitment
Plaintiff will supplement with contact process from her time as a Chief at King
information when and if possible
County Rail. She can testify to formal and
informal policies and practices regarding
promotions,
to
interactions
between
Will Call
supervisors and their staff, and to the
opportunities for career advancement within
KCDOT.
Erin Clarke
Ms. Clarke is a former Rail supervisor and a
Retired Rail Supervisor
person of color; she can speak to the
206-841-4700
environment of racial discrimination at King
[e-mail]
County Metro, to the recruitment process for
rail supervisors, to the job description of and
Will Call
necessary qualifications for being a rail
supervisor, and to general practices within
KCDOT
regarding
promotions
and
interactions with supervisors. She can also
testify to career advancement within KCDOT

JOINT PRETRIAL ORDER STATEMENT - 10
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Kevin Goodman
King County Rail Operator
206-353-4327
Will Call

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John Dibble
[e-mail]
206-889-9896

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Will Call

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Balwinder Singh
Former King County employee
[phone]
[e-mail]
[e-mail]
Will Call
Robert Fisher
13707 SE 275th Pl.
Kent, WA 98042
[phone]
Will Call
Steve Chichester
Shop Steward (Amalgamated Transit
Union)
Will supplement with contact information
when possible
Will Call

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JOINT PRETRIAL ORDER STATEMENT - 11
CASE NO. 2:16-cv-01340-TSZ

Expected Testimony
and the benefits she gained through becoming
a supervisor.
Mr. Goodman may testify about benefitting
from less discipline in the workplace because
of his race, and about conversations with rail
manager Michael Avery about discrimination
based on race. He may further testify to
formal and informal practices and procedures
within KCDOT regarding promotions and
interactions with supervisors.
Mr. Dibble is a coworker of plaintiff’s and
may testify about the disparate treatment
plaintiff
receives
from
supervisors/management based on his race.
He may further testify to formal and informal
practices and procedures within KCDOT
regarding promotions and interactions with
supervisors.
Mr. Singh is a former coworker of plaintiff’s
and may testify to the discrimination he has
faced as a person of color working for
KCDOT. He may testify to the environment
of racism within the department, to
interactions between supervisors and
operators, and to formal and informal
practices and procedures within KCDOT.
Mr. Fisher is a life-long friend of plaintiff’s
that may testify to the impact of defendant’s
actions on plaintiff’s mental health, emotional
well-being, and social relationships.
Mr. Chichester is a Union Shop Steward with
the Amalgamated Transit Union (ATU), to
which plaintiff belongs. He may testify to
grievance hearings he attended with plaintiff,
to
plaintiff’s
complaints
of
racial
discrimination, the RSIT recruitment process
and his removal from his ATT assignment. He
may also testify regarding other complaints of
racial discrimination ATU has been involved
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Neal Safrin
Amalgamated Transit Union Vice President
2815 Second Avenue, Suite 230
Seattle, WA 98121
[phone]
[e-mail]

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May Call

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Kevin Gumke
King County Employee
Will Call

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Terry Rhoads
Rail Chief of King County Metro
King County Prosecuting Attorney
500 Fourth Avenue, Ste 900
Seattle, WA 98104
206-296-8820

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Will Call

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Ivette Martinez-Morales
King County Human Resources
JOINT PRETRIAL ORDER STATEMENT - 12
CASE NO. 2:16-cv-01340-TSZ

Expected Testimony
in with or on behalf of its members, and to
interactions between plaintiff and other transit
operators and supervisory staff.
He will also testify as to the various position
plaintiff applied for and what the current
salaries are for those positions as well as other
positions in management.
Mr. Safrin may testify to his knowledge of
and involvement in plaintiff’s complaints and
grievances to KCDOT management through
the ATU, including plaintiff’s grievances
regarding his removal from his ATT
assignment, the RSIT recruitment process,
and racial discrimination. He may also testify
regarding other complaints of racial
discrimination ATU has been involved with
or on behalf of its members, and to
interactions between plaintiff and other transit
operators and supervisory staff.
Mr. Gumke may testify about the Acting
Technical Trainer position he was appointed
to on July 10, 2013, the benefits of that and
other special duty assignments to his career
with KCDOT, and career advancement within
KCDOT including practices and procedures
regarding promotion. He may also testify as
to his interactions with Amanda Nightingale
and Tom Jones before, during and after his
ATT assignment.
Mr. Rhoads may testify about the Acting
Technical Trainer position plaintiff was
removed from on July 10, 2013. He may also
testify about the RSIT recruitment process,
which in 2012 he directly participated in as a
“subject matter expert.”. He may further
testify to career advancement opportunities
within KCDOT, practices and policies around
promotions, and interactions between
supervisory staff and transit operators.
Ms. Martinez-Morales may testify about the
RSIT selection processes that took place in
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Name

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Will Call

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Silvette Lee
Human Resources Analyst

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Will Call

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Hollie Alejandria
King County Operations
Administrative Specialist

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Will Call

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Jim Meith
King County Human Resources

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Will Call

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David Vestal
King County Rail Operations Chief

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Will Call

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JOINT PRETRIAL ORDER STATEMENT - 13
CASE NO. 2:16-cv-01340-TSZ

Expected Testimony
2013 and spring 2014. She may testify about
why plaintiff’s application in 2014 was
deemed incomplete. She may also testify
about her involvement in plaintiff’s KCOCR
complaints as well as her knowledge of
plaintiff and the 2013 Acting Technical
Trainer position.
Ms. Lee may testify about the RSIT selection
processes between 2011 and 2014. She may
also testify about the RSIT application
filtering process, which she was in charge of
during October 2012.
Ms. Alejandria may testify about plaintiff’s
complaints of racial discrimination and
retaliation and to KCDOT’s response to
plaintiff’s complaints, including to the
grievance hearings she was present for. She
may testify to plaintiff’s assignment to the
Acting Temporary Trainer position, to the
general relationship between supervisors and
operators, to standard administrative practices
at KCDOT, and to environment at KCDOT
with regard to racism and complaints of
discrimination.
Mr. Meith may testify about complaints of
discrimination and retaliation made by
plaintiff, about King County’s responses to
these complaints, and about the role of human
resources personnel including Ivette
Martinez-Morales in formally responding to
plaintiff’s KCOCR complaints.
Mr. Vestal may testify about plaintiff’s
complaints of racial discrimination and
retaliation. He may also testify about the 2014
RSIT recruitment process, during which
plaintiff’s
application
was
deemed
incomplete. He may testify to the general
environment at KCDOT with regard to race,
to interactions between supervisory staff and
operators, and to career advancement within
KCDOT.
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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Name
Amanda Nightingale
King County Rail Operations Chief

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Will Call

1

Will Call
Al Azen
King County Rail Operations Chief
C/O County Prosecutor’s Office
Summit Law Group PLLC
315 5th Ave S. Ste. 1000
Seattle WA 98104
206-676-7000

Expected Testimony
Ms. Nightingale may testify about the Acting
Technical Trainer position plaintiff was
removed from in July 2013. She may also
testify about the RSIT selection process,
including the October 2012 selection process
in which she participated as “subject matter
expert” and her role in scoring RSIT
applications. She may testify to her
interactions with plaintiff and other operators,
including Kevin Gumke, her decision to
replace plaintiff with Kevin Gumke for the
purposes of his ATT assignment, and to
career advancement within KCDOT and the
benefits to holding a supervisory position.
Ms. Price may testify about the disparity in
treatment, including regarding discipline and
promotion, that King County employees
experience based on race. She may testify to
general career advancement and promotional
practices within KCDOT, the requirements of
a supervisory position, and the benefits to
becoming a supervisor.
Mr. Wachtel can speak to special assignments
and promotions within Rail and supervisory
practices. He may further testify to career
advancement opportunities within KCDOT,
practices and policies around promotions, and
interactions between supervisory staff and
transit operators.
Mr. Azen may testify to the promotional
process within King County Metro,
supervisory practices and culture, and racial
discrimination. He may further testify to
career advancement opportunities within
KCDOT and the benefits of holding a
supervisory position.

Will Call
Keith Sherry
Retired Rail Communications
Superintendent

Mr. Sherry may testify about management
and supervisory systems, practices, and
culture at King County Metro, including

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Rachel Price
King County Streetcar Supervisor
Will Call

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Jeff Wachtel
Operations Chief LCC
Light Rail—King County Metro
jeff,[e-mail]
[phone]

JOINT PRETRIAL ORDER STATEMENT - 14
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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Name
C/O County Prosecutor’s Office
Summit Law Group PLLC
315 5th Ave S. Ste. 1000
Seattle WA 98104
206-676-7000
Will Call
Brian Matthews
Sound Transit Employee
401 South Jackson Street
Seattle, WA 98104
[phone]
Will Call

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Daniel Matthews
Supervisor at King County Rail
Will Call

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15
16

Expected Testimony
promotions and the culture of
discrimination

racial

Mr. Matthews is a coworker of plaintiff at
King County Rail who is familiar with his
work abilities and qualifications. Mr.
Mathews is also familiar with the RSIT
recruitment process from his own application
to that position. He may testify regarding the
RSIT recruitment process, the requirements
of the RSIT position, and the benefits
associated with being promoted to RSIT or a
supervisory position.
Mr. Matthews is a coworker of plaintiff at
King County Rail who is familiar with his
work abilities and qualifications. He is further
familiar with the recruitment process for
supervisory positions and may testify to
formal and informal practices and procedures
within KCDOT regarding promotions, as well
as interactions between operators and
supervisors. He may testify to career
advancement within KCDOT and the benefits
of attaining a supervisory position.

17
18

Plaintiff reserves the right to call any witness listed by defendant and any necessary

19

rebuttal witnesses.

20

B. Defendant’s Lay Witnesses

21

Witness

Nature of Testimony

Status

22

Terry Rhoads
Transit Chief – Rail
Operations

He will be called to testify about his knowledge
of facts and actions related to plaintiff’s
complaints, division practices and policies.

Will call

23

JOINT PRETRIAL ORDER STATEMENT - 15
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

1

Witness

2

c/o undersigned counsel
David Vestal
Rail Operations Chief
c/o undersigned counsel
Amanda Nightingale
Transit Section
Manager
c/o undersigned counsel
Ivette MartinezMorales
Employee and Labor
Relations
Representative
c/o undersigned counsel
Silvette Lee
Employee and Labor
Relations
Representative
c/o undersigned counsel
Hollie Alejandra
Transit Chief - Rail
Operations
c/o undersigned counsel
Kelli Williams
(in place of John
MacDonald, deceased)
Former Director King
County Office of Civil
Rights and Open
Government
c/o undersigned counsel
Claude Brown
Plaintiff
c/o plaintiff’s counsel

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

Adrienne Leslie
Department Director DHR

Nature of Testimony

He will be called to testify as to his knowledge of Will call
the facts and actions related to plaintiff’s
complaints, division practices and policies.
She will be called to testify about her knowledge Will call
of facts and actions related to plaintiffs’
complaints, division practices and policies.
She will be called to testify about her knowledge Will call
of facts and actions related to plaintiff’s
complaints, division practices and policies.

She will be called to testify about her knowledge Will call
of facts and actions related to plaintiff’s
complaints, division practices and policies.
She will be called to testify about her knowledge Will call
of facts and actions related to plaintiff’s
complaints, division practices and policies.
She will be called to testify about her knowledge Will call
of the King County Office of Civil Rights and
Open Government (“KCOCR”) procedures and
practices. Ms. Williams issued both the
KCOCR’s 2014 Notice of No Reasonable Cause
Finding and the 2015 Notice of Reasonable
Cause Findings.
Claude Brown is the plaintiff in this matter and
Will call
may be called to testify as to his knowledge of the
facts and circumstances leading up to and
surrounding the incidents referred to in his
complaint and the liability and damages in this
case.
Adrienne Leslie is the Transit Human Resources May Call
Manager with the King County Metro Transit
Department. She may be called to testify about

JOINT PRETRIAL ORDER STATEMENT - 16
CASE NO. 2:16-cv-01340-TSZ

Status

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

1

Witness

2

c/o undersigned counsel her knowledge of facts and actions related to
plaintiff’s complaints, division practices and
policies, and pertinent rules, regulations and
laws.
Jamie Stoops
Jamie Stoops is an Employee & Labor Relations May Call
Employee and Labor
Representative with the King County Metro
Relations
Transit Department. She may be called to testify
Representative
regarding the policies and procedures the
c/o undersigned
Department uses, her knowledge of the facts and
Counsel
circumstances leading up to and surrounding the
incidents referred to in plaintiff’s complaint, and
the liability and damages in this case.
Kevin Gumke
He may be called to testify about his knowledge May Call
Transit Supt. – Rail
of allegations raised in this case.
Training
c/o undersigned
counsel
May Call
James Moreau
James Moreau was an Employee and Labor
c/o undersigned
Relations Representative with the King County
counsel
Metro Transit Department. He may be called to
testify regarding the policies and procedures the
Department uses, and his knowledge of the facts
and circumstances leading up to and
surrounding the incidents referred to in
plaintiff’s complaint.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Nature of Testimony

King County reserves the right to call any witness listed by plaintiff and any
necessary rebuttal witnesses.

18
19

Status

VII.

EXHIBITS

Plaintiff reserves the right to offer any exhibits listed by the defendants if it

20
21
22

becomes necessary during the course of the trial.
A.

Plaintiff Brown’s Exhibits:

23
JOINT PRETRIAL ORDER STATEMENT - 17
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Description

1
2
3
4

1

5

2

6

3

7
8

4

2/11/2011 Letter from
King to Avery (2 pages)

5

12/22/11 Letter of
Protest for SiT Test
Scheduling to O’Rouke,
Avery and Human
Resources signed by
Brown (1 page)
2/13/2012 Rail
Supervisor Job Posting
(2 pages)

9
10
11
12
13
14

6

15
16

Photo of Light Rail
Operator View
2017 Tunnel Testing
Video
11/29/2010 Letter from
King to Avery with
exhibits (7 pages)

X

KC-CB002670 –
KC-CB002671
KC-CB006900 –
KC-CB006903
CB00706
–
CB00708

X

8

4/16-4/24/12 Email
chain between Brown,
O’Rouke, and Sepolen
re: complaint over SIT
exam (3 pages)
Brown RSIT Application KC-CBSpring 2012 (6 pages)
002473 –
KC-CB002478

20

22

KC-CB006763 –
KC-CB006769
KC-CB006806 –
KC-C006807
KC-CB012483

2/13/12 Rail Supervisor
Job Posting (4 pages)

19

21

X

7

17
18

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed
X

9

X

X

X

X

X

23
JOINT PRETRIAL ORDER STATEMENT - 18
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

1

Description

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

10 Kevin Gumke RSIT
Application Spring 2012
(5 pages)
11 6/27/12 Emails between
Rhoads and Soucek
regarding test and
interview scores for
RSIT candidates (3
pages)
12 8/23/12 August 2012
RSIT Job Requisition
Form completed by
Martinez (2 pages)
13 4/19/12 Rail Supervisor
Second Job Posting
April-May 2012

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed
KC-CBX
004333 –
KC-CB004337
KC-CBX
007015 –
KC-CB007017

KC-CB002668 –
KC-CB002669
KC-CB002672 –
KC-CB002674
14 10/12/12 Rail Supervisor KC-CBJob Posting October
002675 –
2012 (7 pages)
KC-CB002681
15 October 2012 RSIT
KC-CBPosting (7 pages)
002979 –
KC-CB002985
16 Scoring Criteria for
KC-CBOctober 2012 RSIT
003101
Applications (1 page)
17 Fall 2012 Brown RSIT
KC-CBApplication
002479 –
KC-CB002485
18 October 2012 Applicant KC-CBScore Results for RSIT
003102
Applications (1 page)
JOINT PRETRIAL ORDER STATEMENT - 19
CASE NO. 2:16-cv-01340-TSZ

X

X

X

X

X
X

X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

1

Description

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

19 Log of Actions re
Brown’s October 2012
RSIT Application (3
pages)
20 11/16/12 Brown Letter
re RSIT Position Denial
21 11/16-12/21/12 Kavin
James 2012 union
grievance file for
grievance over RSIT
hiring process (7 pages)
22 11/27/12 Email from
Nightingale re RSIT
Phone Interview Results
23 1/10/13 Summary of
Grievance Hearing re
Brown’s 12/24/12
Grievance (3 pages)
24 3/7/13 Email between
Rhoads, Nightingale,
Jones, Lee re: filtering
applied to RSIT
applications, with
attachment (3 pages)
25 3/7/13 Summary of
Second Step Grievance
Hearing re 12/24/12
Grievance (3 pages)
26 3/22/13 Email from
Leslie to MartinezMorales re Brown
assigning her to work on
response to Brown
KCOCR Complaint (2
pages)
27 4/2/13 Email chain
between Meith, Jones,

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed
KC-CBX
002704 –
KC-CB002706
KC-CBX
002612
KC-CBX
003076 –
KC-CB003082
KC-CB006233
KC-CB000130 –
KC-CB000132
KC-CB002499 –
KC-CB002501
KC-CB000139 –
KC-CB-000141
KC-CB020793 –
KC-CB020794

KC-CB020817

JOINT PRETRIAL ORDER STATEMENT - 20
CASE NO. 2:16-cv-01340-TSZ

X
X

X

X

X

X
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Description

1
2
3
4
5
6

28

7
8
9

29

10
11
12

30

13
14
15

31

16
17

32

18
19
20

33

21
22
23

34

Avery, Martinez-Martin
re: meeting about
Brown’s OCR complaint
(1 page)
5/4/13 Brown Email to
Pratap, James re
potential retaliation
based on complaints of
discrimination (1 page)
5/28/13 Email from
Meith to Jones,
Martinez-Morales with
amended Brown
KCOCR complaint (1
page)
6/12/13 Email from
Martinez-Morales to
Meith with lists of
recruitments Brown
applied for (1 page)
6/21/13 Email from
Nightingale seeking
letters of interest in ATT
position (1 page)
6/26/13 Emails between
Macdonald and Meith
identifying handwritten
notes on scoring sheet
from October 2012 RSIT
applications (1 page)
6/27/13 Commendation
from Nightingale to
Gumke re: special duty
assignment (1 page)
6/28/13 Email from
Brown to Nightingale

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed

KC-CB003296

X

KC-CB020833

X

KC-CB020844

X

KC-CB000436
KC-CB012574

X

KC-CB007582
KC-CB000440

JOINT PRETRIAL ORDER STATEMENT - 21
CASE NO. 2:16-cv-01340-TSZ

X

X

X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Description

1
2
3
4
5

35

6
7

36

8
9

37

10
11

38

12
13

39

14
15
16

40

17
18
19
20

41

21
22
23

42

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed

expressing interest in
ATT position (1 page)
KC-CB6/28/2013 Letter from
010954
Jones to Brown offering
Brown ATT position (1
page)
6/28/13 Email from
KC-CBNightingale rejecting
000444
Gumke from ATT
Position (1 page)
7/3/13 Light Rail
KC-CBOperators Bulletin
022994
announcing Brown’s
ATT position (1 page)
7/8/13 Nightingale
KC-CBEmail re Length of ATT
000467
Assignment (1 page)
7/8/13 Email chain
KC-CBbetween Nightingale,
005156
Rhoads, Alejandria re:
Duration of Brown’s
assignment to ATT
Position (1 page)
7/11/13 Email from
KC-CBNightingale to Jones,
000446
Rhoads re: Brown’s
“progress” as an ATT
and decision to split
ATT Position (1 page)
7/11/13 Email from
KC-CBNightingale to Gumke re 000448
Beginning ATT Position
(1 page)
7/17-7/18/13 Email
KC-CBchain between Brown
003345 –
and Sufland re union
KC-CBgrievance over removal
003348

JOINT PRETRIAL ORDER STATEMENT - 22
CASE NO. 2:16-cv-01340-TSZ

X

X

X

X
X

X

X

X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Description

1
2
3
4
5

43

6
7
8

44

9
10

45

11
12
13
14

46

15
16

47

17
18
19

48

20
21
22
23

49

from ATT position and
replacement by Gumke
(4 pages)
7/17/13 Email chain
between Brown, Clarke,
Sufland re: Brown’s
removal from ATT
position (3 pages)
7/29/13 Memo to Brown
re: Rail Technical
Trainer assignment and
benefits (1 page)
8/7-8/8/13 Email chain
between Meith,
Macdonald, MartinezMorales re files needed
for OCR interview
preparations (2 pages)
8/22/13 Memo from
Jones to Rhoads re:
Meeting w/ Brown over
ATT assignment (1
page)
8/8/13 Email from
Brown to Jones re
clarification on Rail
Technical Trainer
Position (2 pages)
5/21/14 Email from
Brown to MartinezMorales asking if he will
be allowed to test for
RSIT position (1 page)
3/6/14 Emails between
Macdonald, various HR
personnel regarding
Investigation into

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed

KC-CB003342 –
KC-CB003344
CB00221

X

KC-CB020862 –
KC-CB020863

X

KC-CB003406

X

KC-CB002842 –
KC-CB002843

X

KC-CB003134

X

KC-CB003131 –
KC-CB003133

JOINT PRETRIAL ORDER STATEMENT - 23
CASE NO. 2:16-cv-01340-TSZ

X

X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Description

1
2
3
4
5
6

Brown’s 2013 KCOCR
Complaint sent to
Martinez-Morales (3
pages)
50 Brown 2014 RSIT
Application (6 pages)

7
8

51

9
10

52

11
12

53

13
14
15

54

16
17
18

55

19
20
21
22
23

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed

56

CB00177
–
CB00182
3/21/14 Letter from King KC-CBto Gannon re: disparate
018931 –
treatment at King
KC-CBCounty Rail (3 pages)
018933
5/19/14 Email to Brown KC-CBfrom Martinez-Morales
002847 –
rejecting Brown’s RSIT
KC-CBapplication (2 pages)
002848
5/22-7/8/14 Emails
KC-CBbetween Brown and
020887 –
Martinez-Morales
KC-CBregarding RSIT
020891
application follow up
questions (5 pages)
5/22-7/8/13 Follow up
CB00859
Emails between Brown,
–
Martinez-Morales, and
CB00864
Vestel re: Brown RSIT
application rejected (6
pages)
10/3/14 Email from
KC-CBBrown to various
019752 –
requesting 3rd Step
KC-CBHearing for union
019753
grievance re: RSIT
application rejection (2
pages)
12/4/15 KCOCR Notice CB00103
of Reasonable Cause
–
Finding to Brown with
CB00112

JOINT PRETRIAL ORDER STATEMENT - 24
CASE NO. 2:16-cv-01340-TSZ

X
X

X

X

X

X

X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Description

1
2
3
4
5

57

6
7
8

58

9
10

59

11
12

60

13
14

61

15
16
17
18

62

19
20
21
22

63

Bates
Admissibil Authenticity Authentic Admitt
Number
ity
Stipulated/
ity and ed
Stipulated Admissibilit Admissibi
y Disputed
lity
Disputed

attached Findings and
Determination (10
pages)
Amalgamated Transit
KC-CBUnion Agreement (2013- 025320 –
2016) Section R19: Rail KC-CBSupervisors (8 pages)
025327
7/1/13 Email from Leslie KC-CBto Bell re SD Approval
005155
Needed ASAP – Claude
Brown (1 page)
7/19/13 Emails btwn
CB00774
Brown and James re
– CBATT removal and
00779
Gumke Hiring (6 pages)
1/4/13 KCOCR
KC-CBComplaint re ATT
013466 –
position (2 pages)
KC-CB013467
1/31/14 King County
KC-CBresponse Letter from
000470 –
Moreau to Macdonald re KC-CBClaude Brown v King
000482
County Dept. of
Transportation
Complaint (13 pages)
3/6/15 KCOCR Charge
KC-CBof Discrimination (2
013482 –
pages)
KC-CB013483
4/10/14 RSIT job
KC-CBposting (10 pages)
002780 –
KC-CB002789

X

X

X

X

X

X

X

23
JOINT PRETRIAL ORDER STATEMENT - 25
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Ex. Exhibit Description
No.

Date

100 Collective Bargaining
Agreement ATU 587

2010
2013

101 Collective Bargaining
Agreement ATU 587
– Exhibit D Terms
and Conditions of
Employment
102 Collective Bargaining
Agreement ATU 587

2010
2013

Bates Range

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

103 Collective Bargaining
Agreement ATU 587
– Exhibit D Terms
and Conditions of
Employment
104 Link
Light
Rail
Rulebook 2013

2013
2016
2013
2016

– KC-CBX
007237 – KCCB-007419
- KC-CBX
007420 – KCCB-007578
– KC-CBX
001983 – KCCB-002158
– KC-CBX
025206 – KCCB-025356

2013-0318

105 Email Re RSIT Role
Play & Interview
Schedule
106 2012-02634 Rail
Supervisor Job
Posting
107 2012-02634 Rail
Supervisor – Claude
Brown Application

2012-0627

108 Application Scoring
Criteria for October
2012 Posting

2012

2012-1012
2012-1021

JOINT PRETRIAL ORDER STATEMENT - 26
CASE NO. 2:16-cv-01340-TSZ

Authenticity
and
Admissibility
Admitted

3

Defendant’s list of proposed trial exhibits:
Authenticity
Stipulated,
Admissibilit

2

B.

Stipulated
Authentic
and

1

KC-CB000314 – KCCB-000368
KC-CB022862 – KCCB-022863
KC-CB002816 – KCCB-002823
KC-CB002534
KC-CB002539
KC-CB007054 – KCCB-007055

X
X
X
X

X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Bates Range

109 2012-02634 NeoGov
Application Steps
110 2012-02634
Supplemental
Questions by Job
Report
111 2012-02634 SME
Applicant List Step 1
112 2012-02634 SME
Notice – Claude
Brown
113 Email Re Applications
Waiting for SME
Review (Jones)
114 Email Re Applications
Waiting for SME
Review (Nightingale)
115 Supervisor Recap

2012

X

2013-0612

KC-CB002796
KC-CB006851

X

2012-1116

KC-CB009405
KC-CB002729

2012-1029

KC-CB006890

X

2012-1029

KC-CB007048

X
X

116 Kwesele Application

2012-1015

117 Maciel Application

2012-1023

118 Wachtel Application

2012-1022

119 Rail Technical Trainer
Job Posting No.
2013IMM03108
120 Email Re: Gumke
Interest in Acting
Technical Trainer
121 Email
from
Nightingale
Re:

2013-0515
2013-0625

KC-CB002502
KC-CB004862 – KCCB-004868
KC-CB004913 – KCCB-004918
KC-CB005101 – KCCB-005106
KC-CB000430 – KCCB-000434
KC-CB000437

2013-0628

KC-CB010952

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

JOINT PRETRIAL ORDER STATEMENT - 27
CASE NO. 2:16-cv-01340-TSZ

Authenticity
and
Admissibility
Admitted

Date

Authenticity
Stipulated,
Admissibilit

2

Ex. Exhibit Description
No.

Stipulated
Authentic
and

1

X

X

X
X
X
X
X
X

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Bates Range

2014-0210

KC-CBX
009093 – KCCB-009100

2014-0410

KC-CBX
002780 – KCCB-002789

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Authenticity
and
Admissibility
Admitted

Date

Authenticity
Stipulated,
Admissibilit

2

Ex. Exhibit Description
No.

Stipulated
Authentic
and

1

Acting
Technical
Trainer Position
122 Streetcar Operations
and Maintenance
Supervisor Job
Posting No.
2014IMM03734
123 Rail Supervisor, Rail
Supervisor-inTraining Job Posting
No. 2014IMM03875
124 Streetcar Operations
and Maintenance
Supervisor
2014IMM03734
Claude Brown
Application
125 Rail Supervisor, Rail
Supervisor-inTraining
2014IMM03875
Claude Brown
Application
126 2014 Successful
and/or Eligible
Applicants

KC-CBX
002732 – KCCB-002737

KC-CBX
007952 – KCCB-008956

Various

19
20
21
22
23
JOINT PRETRIAL ORDER STATEMENT - 28
CASE NO. 2:16-cv-01340-TSZ

KC-CBX
007997 – KCCB-008001;
KC-CB008007 – KCCB-008011;
KC-CB008012 – KCCB-008016;
KC-CB008021 – KCCB-008025;
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

Bates Range

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

127 Sample
of
2014
Rejected Application
128 Email Re: RSIT 11:03 2014-06AM
02
129 Email Re: RSIT 9:14
PM

2014-0704

130 Email Re: RSIT 1:24
PM

2014-0708

131 Email Re: RSIT 2:29
PM

2014-0708

132 Email Re: RSIT 11:29 2014-07PM
08
133 Email Re: Rail
Supervisor, Rail
Supervisor-inTraining
134 Email Re: RSIT

2017-0711
2014-1003

22

KC-CB008074 – KCCB-008078;
KC-CB008079 – KCCB-008083;
KC-CB008084 – KCCB-008089
KC-CB007957 - KCCB-07960
KC-CB012705 – KCCB-012706
KC-CB012715 – KCCB-012717
KC-CB024318 – KCCB-024321
KC-CB003145 – KCCB-003149
KC-CB024322 – KCCB-024327
KC-CB003150 – KCCB-003152
KC-CB024492 – KCCB-024494

Authenticity
and
Admissibility
Admitted

Date

Authenticity
Stipulated,
Admissibilit

2

Ex. Exhibit Description
No.

Stipulated
Authentic
and

1

X
X
X
X
X
X
X

X

23
JOINT PRETRIAL ORDER STATEMENT - 29
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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8
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VIII. DEPOSITION TRANSCRIPTS TO BE OFFERED AT TRIAL
A.

Transcripts offered by plaintiff:

Plaintiff will offer no deposition excerpts.
B.
Exhibit
No.
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165

Transcripts offered by defendant:
Deposition of

Date

Exhibit/Excerpt Description

Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Claude Brown
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery

9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-19-2017
9-20-2017
9-20-2017
9-20-2017
9-20-2017
9-20-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017

Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:

JOINT PRETRIAL ORDER STATEMENT - 30
CASE NO. 2:16-cv-01340-TSZ

18:14 - 19:09
60:06 - 60:16
72:15 - 73:03
127:10 – 129:22
131:07 - 134:01
185:17 - 188:03
188:21 - 188:25
191:21 - 193:02
200:08 - 200:24
201:15 - 202:09
206:06 - 207:08
209:12 - 212:23
215:16 - 217:02
223:07 - 223:12
221:23 - 223:12
233:01 - 233:13
241:13 - 243:21
255:16 - 258:04
269:11 - 270:02
351:14 - 353:07
418:22 - 419:04
454:03 - 455:25
541:19 –542:15
578:02 - 579:12
04:17 – 06:06
06:12 – 07:06
08:07 – 09:03
13:09 – 14:21
15:11 – 17:04
17:11 – 17:21
20:03 – 20:24
Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

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2
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4
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Exhibit
No.
166
167
168
169
170
171
172
173
174
175

Deposition of

Date

Exhibit/Excerpt Description

Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery
Michael Avery

9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017
9-28-2017

Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:
Deposition Excerpt:

34:15 – 34:20
35:03 – 35:20
35:25 – 36:06
38:11 – 38:13
38:20 – 39:13
40:25 – 41:16
52:05 – 52:25
57:15 – 57:19
68:19 – 69:06
79:06 – 81:06

Defendant has moved in limine to exclude evidence of the April 2017 incident in
which Plaintiff mistakenly believed that he was at the terminal Angle Lake Station, when
in fact he was at the SeaTac Station. If Defendant’s motion is denied, Defendant will offer
the following deposition excerpts related to that incident: 60:17-61:2, 63:1-71:9, 77:15-

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13
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15

83:6, 83:17-95:14, 97:2-100:12.
Defendant objects to plaintiff’s reservation of the right to use any exhibits that have
not been designated or agreed to by the defendant. Defendant objects to Plaintiff’s use of

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any deposition excerpts that he failed to designate pursuant to LR 32.

Defendant also

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reserves the right to use any depositions taken by either side during the pendency of this

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case. Defendant reserves the right to offer any exhibits listed by plaintiff.

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ACTION BY THE COURT

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(a) This case is scheduled for trial before a jury on June 14, 2021 at 1:00 p.m.

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(b) Trial briefs shall be submitted to the court on or before May 28, 2021.

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JOINT PRETRIAL ORDER STATEMENT - 31
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]

1

(c) Objections to jury instructions shall be submitted to the court on or before June

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7, 2021. Suggested questions of either party to be asked of the jury by the court on voir

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dire shall be submitted to the court on or before May 28, 2021.

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DATED this 7th day of June, 2021.

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A

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Thomas S. Zilly
United States District Judge

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Presented by:
CIVIL RIGHTS JUSTICE CENTER, PLLC

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s/Darryl Parker
Darryl Parker, WSBA #30770
Attorney for Plaintiff

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JOINT PRETRIAL ORDER STATEMENT - 32
CASE NO. 2:16-cv-01340-TSZ

Civil Rights Justice Center, PLLC
2150 N 107th Street, Suite 520
Seattle, Washington 98133
[phone] / Fax: [phone]