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Smith v. Clover Park Sch. Dist. No 400

United States District Court, Western District of Washington
Jan 6, 2023
3:21-CV-05767-JHC (W.D. Wash. Jan. 6, 2023)

Opinion

3:21-CV-05767-JHC

01-06-2023

KRISTI SMITH, Plaintiff, v. CLOVER PARK SCHOOL DISTRICT NO 400, Defendants.

Eric D. Gilman Attorney for Plaintiff Mark O'Donnell Attorney for Defendant


Eric D. Gilman Attorney for Plaintiff

Mark O'Donnell Attorney for Defendant

JOINT PRETRIAL ORDER

Hon. John H. Chun, United States District Judge.

I. JURISDICTION

Jurisdiction is vested in this court by virtue of 28 U.S.C. § 1331 based on Plaintiff's claims of violations of the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. The Court has supplemental jurisdiction over Plaintiff's related state law claims under 28 U.S.C. § 1367.

II. CLAIMS AND DEFENSES

A. Plaintiff asserts that she will pursue at trial the following claims:

1. Disability discrimination in violation of the Washington Law Against Discrimination (“WLAD”), RCW Ch. 49.60 et seq.

2. Retaliation in violation of the WLAD, RCW Ch. 49.60 et seq.

3. Violations of the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”), for failing restore Smith to the position she held or an equivalent position after she took leave, and for taking one or more adverse employment actions against Smith because she requested or took FMLA leave or opposed what she reasonably believed to be violations of the FMLA.

4. Violations of the Washington Family Leave Act, RCW Ch. 50A (“WFLA”), for failing restore Smith to the position she held or an equivalent position after she took leave, and for taking one or more adverse employment actions against Smith because she requested or took WFLA leave, or opposed what she reasonably believed to be violations of the WFLA.

5. Plaintiff also seeks injunctive relief under the WLAD, which, as equitable relief, will be decided by the Court as appropriate, following thejury's verdict. Plaintiff will also seek attorneys' fees and costs as the prevailing party as authorized by law, as well as exemplary or similar damages as authorized by law.

B. Defendant will pursue the following affirmative defenses:

1. Plaintiff has failed to mitigate her alleged damages.

III. ADMITTED FACTS

The following facts are admitted by the parties:

1. PlaintiffKristi Smith (“Smith”) is a Washington resident who lives and has lived in Kitsap County at all times relevant to this lawsuit.

2. Defendant Clover Park School District No. 400 (“CPSD” or “the District”) is a municipal corporation located in Pierce County, Washington.

3. The District had more than 50 employees at all times relevant to this lawsuit.

4. Smith was hired by the District and began her employment July 1, 2014.

5. Smith's initial title with the District was Director for Teaching and Learning.

6. Effective July 1,2017, Smith was promoted to Executive Director for Teaching and Learning.

7. Smith became a member of the Superintendent's Council beginning in the 2017-2018 school year and remained a member until July 1, 2020.

8. The District's Board named Ron Banner Superintendent during a School Board meeting on March 11,2019. Mr. Banner officially assumed the role of Superintendent on July 1, 2019.

9. Historically, the District's Deputy Superintendent position included oversight and responsibility for most of the departments and programs Plaintiff oversaw during her one-year term as Assistant Superintendent for Instructional Programs.

10. On September 16, 2021, Smith filed this lawsuit alleging violations of the WLAD.

11. Ron Banner's first year as Clover Park's Superintendent was in 2019-2020.

12. In March 2020, Mr. Banner appointed Mr. Laubach as Clover Park's Deputy Superintendent effective the next school year starting July 1, 2020.

IV. ISSUES OF LAW

A. By Plaintiff: The Court has addressed many of the central issues oflaw in a comprehensive Order on the parties' respective summary judgment motions, and Plaintiff's motion to exclude certain expert testimony. See Dkt. 46. The issues for which the Court will oversee adjudication are as follows:

1. Did Defendant violate the WLAD, RCW Ch. 49.60 et seq. by discriminating or retaliating against Smith based on her disability, request for leave, taking ofleave, request for reasonable accommodations, use of reasonable accommodations, or for opposing what Smith reasonably believed to be violations of the WLAD?

2. Did Defendant violate the FMLA by failing restore Smith to the position she held or an equivalent position after she took leave, or by taking one or more adverse employment actions against Smith for taking FMLA leave or opposing what she reasonably believed to be violations of the FMLA?

3. Did Defendant violate the WFLA by failing restore Smith to the position she held or an equivalent position after she took leave, or by taking one or more adverse employment actions against Smith for taking WFLA leave or opposing what she reasonably believed to be violations of the WFLA?

B. By Defendant.

Issue 1: Did Defendant violate the WLAD, RCW Ch. 49.60 et seq., by discriminating or retaliating against Plaintiff based on her temporary physical disability?

Issue 2: Did Defendant interfere with Plaintiffs FMLA rights under 29 U.S.C. § 2615(a)(1), and/or her the corresponding WFLA, rights by failing to restore Plaintiff to the same or an equivalent position upon her return from leave in January 2020?

Defendant asserts that the following issues of law be added to those listed in Plaintiff's Pretrial Statement at Section IV.

• Did Defendant lawfully transfer Plaintiff to a subordinate position under RCW 28A.405.230?
• Did Defendant lawfully take certain actions pursuant to statute, policy, contract or otherwise that Plaintiff now challenges including: swapping Plaintiffs Teaching and Learning oversight as an assistant superintendent with Student Services oversight from another assistant superintendent; transferring Plaintiff to a subordinate position under RCW 28A.405.230; and/or naming a different deputy superintendent instead of Plaintiff?
• Were the claimed discriminatory acts by the District a substantial factor in any decisions adversely effecting Plaintiffs employment? The same actor defense applies to all actions complained about by Plaintiff.
• Has Plaintiff failed to mitigate her alleged damages?
• Has Plaintiff failed to demonstrate an entitlement for declaratory and other relief?

V. EXPERT WITNESSES

The name(s) and addresses of the expert witness(es) to be used by each party at the trial and the issue upon which each will testify is:

(1) On behalf of plaintiff:

Name & Address

Will Testify or Possible Witness Only

General Nature of Expected Testimony

Christina Tapia, Ph.D. Northwest Economics 1416NW46th Street, Suite 105 Seattle, WA98107

Will testify.

Past and future economic damages suffered by Smith. Dr. Tapia is retained expert.

Judith A. Billings Targeted Alliances 9821 74thAve. E. Puyallup, WA 98373-1249 (253) 840-4690

Possible witness only.

Rebuttal of opinions of Carla Santorno. Ms. Billings is a retained expert.

Eric Lee, DO The Doctors Clinic: Cavalon Place 2011NWMyhreRd. #203 Silverdale, WA98383

Possible witness only.

The nature, extent, and treatment of Smith's medical disability.

Maxine Mindel, CCC-SLP 11309 67thAve. Ct. N.W. Gig Harbor, WA 98332 (253)857-3841 maxinemindel@comcast.net

Possible witness only.

The nature, extent, and treatment of Smith's medical disability.

Erin M. Dawson, MD The Doctors Clinic 450 Kitsap Blvd., Suite 250 Port Orchard, WA 98366

Possible witness only.

The nature, extent, and treatment of Smith's medical disability.

(2) On behalf of defendant

Name & Address

Will Testify or Possible Witness Only

General Nature of Expected Testimony

Carla Santorno c/o Preg O'Donnell & Gillett 901 Fifth Ave., Ste. 3400 Seattle, WA98164-2026

May testify.

Carla Santorno is expected to testify regarding whether the Superintendent acted within the standard of care and consistent with the District's policies and procedures and Washington Law with respect to Plaintiff's transfer of position.

William Partin, CPA, ABV, MAFF, CFE c/o Preg O'Donnell & Gillett 901 Fifth Ave., Ste. 3400 Seattle, WA98164-2026

May testify.

William Partin is expected to rebut any opinions offered by plaintiff's forensic expert Tapia and/or other witnesses addressing any economic damages. Mr. Partin is expected to testify about alleged past and future economic loss.

VI. OTHER WITNESSES

The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are:

(a) On behalf of plaintiff:

Kristi Smith c/o Beck Chase Gilman PLLC 705 S. Ninth St., Suite 305 Tacoma, WA 98405

Will testify.

Plaintiff will testify as to her disability, abilities, reasonable accommodations, Defendant's wrongful conduct including acts of discrimination and retaliation, and damages.

Norm Smith c/o Beck Chase Gilman PLLC 705 S. Ninth St., Suite 305 Tacoma, WA 98405

Will testify.

Plaintiff s spouse will testify as to Plaintiff s disability, abilities, reasonable accommodations, Defendant's wrongful conduct including acts of discrimination and retaliation, and damages.

Ron Banner c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Will testify.

Knowledge of events giving rise to this case and Rule 30(b)(6) topics.

Karen Butler 8549 East Caraway Road Port Orchard, WA 98366

Possible witness only.

Knowledge of Plaintiff s abilities, disabilities, reasonable accommodations, and damages.

Greg Davis c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Will testify.

Knowledge of events giving rise to this case and Rule 30(b)(6) topics.

Aranka Holmes c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Possible witness only.

Knowledge ofDefendant's response to Public Records Act requests related to Plaintiff.

Meghan Eakin c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Possible witness only.

Knowledge of events giving rise to this case, including in her capacity as one of Defendant's Executive Directors.

Carole Jacobs c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Possible witness only.

Knowledge of events giving rise to this case, including in her capacity as a member ofDefendant's school board.

Linda Krininger 10334 West Salmonberry Road Cheney, WA 99004 c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Will testify.

Knowledge of events giving rise to this case, including in her capacity as Defendant's former Director of Human Resources. This witness resides in more than 100 miles from the courthouse. With the Court's permission, Plaintiff will seek to present this witness's testimony via Zoom. If that option is unavailable, then the witness will testify by deposition under Federal Rule of Civil Procedure 32(a)(4).

Brian Laubach c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164 (253)289-5104

Possible witness only.

Knowledge of events giving rise to this case, including in his capacity as Deputy Superintendent or Assistant Superintendent for Defendant.

Tess McCartan c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Possible witness only.

Knowledge of events giving rise to this case, including in her capacity as one of Defendant's Executive Directors.

Lori McStay c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Will testify.

Knowledge of events giving rise to this case, including in her capacity as Defendant's Executive Director of Human Resources.

Dr. Brian Olsen 3114 Cheyenne St. Tacoma, WA 97407

Possible witness only.

Knowledge of Plaintiff s abilities, disabilities, reasonable accommodations, and damages.

James Martin “Marty” Schafer c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Possible witness only.

Knowledge of events giving rise to this case, including in his capacity as a former member of Defendant's school board.

Holly Shaffer 8717 153rd StreetEast Puyallup, WA 98375

Will testify.

Knowledge of Defendant's wrongful conduct including acts of discrimination and retaliation, and damages.

Paul Wagemann c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Possible witness only.

Knowledge of events giving rise to this case, including in his capacity as a member of Defendant's school board.

(b) On behalf of defendant:

Kristi Smith c/o Beck Chase Gilman PLLC 705 S. Ninth St., Suite 305 Tacoma, WA 98405

Will testify.

Plaintiff will testify regarding her knowledge of facts pertaining to the claims, defenses, and alleged damages at issue in this lawsuit.

Ron Banner c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Will testify.

Ron Banner will testify regarding his knowledge of facts pertaining to the claims, defenses, and alleged damages at issue in this lawsuit.

Lori McStay c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

Will testify.

Lori McStay will testify regarding her knowledge of facts pertaining to the claims, defenses, and alleged damages at issue in this lawsuit.

Brian Laubach c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164 (253)289-5104

Will testify.

Brian Laubach will testify regarding his knowledge of facts pertaining to the claims, defenses, and alleged damages at issue in this lawsuit.

Linda Krininger c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

May testify.

Linda Krininger will testify regarding her knowledge of facts pertaining to the claims, defenses, and alleged damages at issue in this lawsuit.

Greg Davis c/o Preg O'Donnell & Gillett PLLC 901 Fifth Ave., Suite 3400 Seattle, WA98164

May testify.

Greg Davis will testify regarding her knowledge of facts pertaining to the claims, defenses, and alleged damages at issue in this lawsuit.

Record Custodians

May testify.

In the event authentication is contested at time of trial, Defendant reserves the right to call any and all record custodians for authentication of records. Defendant reserves the right to add to the final pretrial order any witnesses identified in discovery, initial disclosures or in depositions, or as necessary to address objections to authenticity or admissibility of evidence by the defense.

VII. EXHIBITS

Plaintiff's Exhibits

Ex.#

Description

Authenticity

Admissibility

Objection

Admitted

001

Smith letter to McStay dated Sept. 6,2019

Disputed

Disputed

FRE 106, 401403, 602, 701, 801-802, 805, 901, 1000-1004.

002

Smith email to Banner and McStay dated Sept. 6, 2019

Stipulated

Disputed

FRE 106, 401403, 602, 701, 801-802, 805.

003

December 18,2019 Action Log with Doctor'sNote

Disputed

Disputed

FRE 106, 401403, 901. Objections handwritten notes on pages 1 and 2 only.

004

Laubach email to Banner with subject: “Org Chart - Brian” dated Jan. 6, 2020

Disputed

Disputed

FRE 106, 401, 403, 901.

005

Smith Action Logs and notes

Disputed

Disputed

FRE 106, 401, 403, 901.

006

Board Briefs Memo from Banner to Board dated Jan. 24, 2020

Stipulated

Stipulated

007

Notes and “Reorg Talking Points” dated Mar. 10, 2020

Stipulated

Stipulated

008

Banner email to School Board with subject “Leadership Change and Additions,” dated Mar. 16, 2020

Stipulated

Stipulated

009

Banner email to ALT with subject “Superintendent ReOrganization ....” DatedMar. 16, 2020

Stipulated

Stipulated

010

LeBeau letter to Laubach dated Nov. 30, 2016

Disputed

Disputed

FRE 106, 401404, 801-802, 805

011

Central Office Leadership Observation dated June 30,2017

Disputed

Disputed

FRE 106, 401404, 801-802, 805.

012

Job Posting for Deputy Superintendent with Mar. 16, 2020 Start Date

Stipulated

Stipulated

013

Banner and McStay emails re salary dated Mar. 19, 2020

Stipulated

Stipulated

014

Krininger notes dated April 16, 2020

Disputed

Disputed

FRE 106, 401, 403, 602, 701,

801-802, 805, 901.

015

Krininger notes re: Concern email

Disputed

Disputed

FRE 106, 401403, 602, 701, 801-802, 805, 901.

016

Banner and Smith Emails regarding Assistant Superintendent for Secondary Schools position, dated May 3, 2022

Stipulated

Disputed

FRE 401-403.

017

Letter of Intent to Hire datedMar. 11,2014

Stipulated

Disputed

FRE 401-403

018

90-Day evaluation dated Sept. 26, 2014

Stipulated

Disputed

FRE 401-403, 602

019

Annual evaluation dated June 30,2015

Stipulated

Disputed

FRE 401-403, 602

020

Annual evaluation dated June 30,2016

Stipulated

Disputed

FRE 401-403, 602

021

Annual evaluation dated June 21,2017

Stipulated

Disputed

FRE 401-403, 602

022

Annual Performance Appraisal dated June 28, 2018

Stipulated

Disputed

FRE 401-403, 602

023

90-Day Performance Evaluation dated Sept. 28, 2018

Stipulated

Disputed

FRE 401-403, 602

024

Board Minutes dated Mar. 11, 2019

Stipulated

Disputed

FRE 401-403

025

Superintendent's ContractdatedMar. 11, 2019

Stipulated

Disputed

FRE 106, 401 403, 602

026

Annual Performance Appraisal dated June 12, 2019

Stipulated

Disputed

FRE 401-403, 602.

027

CPSD Org Chart for workflows (Excel) dated June 24, 2019

Stipulated

Stipulated

028

Note from CHI Franciscan dated Aug. 6, 2019

Stipulated

Disputed

FRE 106, 901

029

Letter from Dr. Dawson dated Aug. 13, 2019

Stipulated

Disputed

FRE 106, 901

030

Letter from Dr. Dawson dated Aug. 23, 2019

Stipulated

Disputed

FRE 106, 901

031

Physician Certification dated Sept. 2,2019

Stipulated

Disputed

FRE 106, 901,

032

Physician Certification dated Sept. 12,2019

Stipulated

Disputed

FRE 106, 901

033

Letter from Dr. Dawson dated Oct. 3, 2019

Stipulated

Disputed

FRE 106, 901

034

FMLA Leave Authorization dated Oct. 4,2019

Stipulated

Stipulated

035

Letter from Dr. Dawson dated Nov. 5, 2019

Stipulated

Disputed

FRE 106, 901

036

Dec. 18, 2019 transmittal ofDoctor's release to return to work

Stipulated

Stipulated

037

Accommodations request form dated Dec. 19,2019

Stipulated

Stipulated

038

McStay notes dated Mar. 12, 2020

Disputed

Disputed

FRE 106, 401 403, 602, 901

039

Letter from Dr. Dawson dated Mar. 26, 2020

Stipulated

Stipulated

040

Smith and McStay emails with subject: “Concern” dated April 19to 29, 2020

Disputed

Disputed

FRE 106, 401 403, 602, 901

041

Shaffer complaint emails dated May 10, 2020

Disputed

Disputed

FRE 401-404, 602, 608, 801805

042

McStay “Step II” response to Shaffer dated May 28, 2020

Disputed

Disputed

FRE 401-404, 602, 608, 801805

043

Shaffer email to McStay dated May 28, 2020 "

Disputed

Disputed

FRE 401-404, 602, 608, 801805

044

Annual Performance Appraisal dated June 8, 2020

Disputed

Disputed

045

HRC charge sent June 22, 2020

Disputed

Disputed

FRE 401-403

046

Smith complaint about work environment dated Oct. 6, 2020

Disputed

Disputed

FRE 106, 401 403, 602, 901

047

Laubach reference letter dated Apr. 20, 2021

Stipulated

Stipulated

048

Annual Summative Evaluation dated June 28, 2021

Stipulated

Stipulated

049

Complaint for Damages filed in Pierce County Superior Court on Sept. 16, 2021

Stipulated

Disputed

FRE 401-403

050

HRC closure notice dated Oct. 29, 2021

Disputed

Disputed

FRE 401-403

051

Annual Summative Evaluation dated June 28, 2022

Stipulated

Stipulated

052

Job description - Deputy Superintendent

Stipulated

Stipulated

053

Job description -Director of Student Services

Stipulated

Stipulated

054

2016-17 organization chart

Disputed

Disputed

FRE 401-403,

055

2017-18 organization chart

Disputed

Disputed

FRE 401-403,

056

2019-20 organization chart (Jan. 2020)

Stipulated

Stipulated

057

2020-21 organization chart

Stipulated

Stipulated

058

Office assignments spreadsheet

Disputed

Disputed

FRE 401-403. Multiple Documents

059

Evacuation Map

Stipulated

Stipulated

060

OSPI Role of the Civil Rights Coordinator

Disputed

Disputed

FRE 106, 401403, 901.

061

OSPI training slide

Disputed

Disputed

FRE 106, 401403, 901.

062

Smith contracts 20142022

Stipulated

Stipulated

063

Salary schedules 20142022

Stipulated

Stipulated

064

Report of Christina Tapia, Ph.D dated July 22, 2022 (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 401-403, 602, 701-703, 801-802, 901.

065

Supplemental Report of Christina Tapia, Ph.D dated November 11, 2022 (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 401-403, 602, 701-703, 801-802, 901.

066

Report of Judith Billings dated August 22, 2022 (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 106, 401, 403

067

CPSD's Responses to Requests for Admission (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 1-6. 401, 403

068

CPSD's answers and objections to Smith's 1st Interrogatories and Requests for Production (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 106, 401, 403

069

CPSD'sFirst Supplemental answers and objections to Smith's 1st Interrogatories and Requests for Production (for illustrative purposes

Stipulated

Disputed

FRE 106, 401, 403

and for use with the Court's permission to the extent it becomes necessary)

070

CPSD's Second Supplemental answers and objections to Smith's 1st Interrogatories and Requests for Production (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 106, 401, 403

071

CPSD's Third Supplemental answers and objections to Smith's 1st Interrogatories and Requests for Production (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 106, 401, 403

072

CPSD's answers and objections to Smith's 2nd Interrogatories and Requests for Production (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 106, 401, 403

073

CPSD'sfirst supplemental answers and objections to Smith's 2nd

Stipulated

Disputed

FRE 106, 401, 403

Interrogatories and Requests for Production (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

074

CPSD's answers and objections to Smith's 3rd Interrogatories and Requests for Production (for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 106, 401, 403

075

Banner photo

Stipulated

Disputed

FRE 401-403

076

Laubach photo

Stipulated

Disputed

FRE 401-403

077

McCartan photo

Stipulated

Disputed

FRE 401-403

078

Eakins photo

Stipulated

Disputed

FRE 401-403

079

Schafer photo

Stipulated

Disputed

FRE 401-403

080

Wagemann photo

Stipulated

Disputed

FRE 401-403

081

Smith family photos

Stipulated

Disputed

FRE 401-403

Plaintiff intends to present admitted exhibits in electronic format to jurors.

Defendant's Exhibits

Ex.#

Description

Authenticity

Admissibility

Objection

Admitted

500

Letter by Ron Banner re: Transferring of Position with enclosures dated March 10, 2020

Disputed

Disputed

FRE 106, 401-403; MIL No. 3

501

Board Brief Memo from Ron Banner to Board dated November 8, 2019

Disputed

Disputed

FRE 106, 401, 403

502

CPSD's Assistant Superintendent for Instructional Programs Job Description

Disputed

Disputed

FRE 106, 401 403

503

Organizational Chart, Council Level Positions

Stipulated

Stipulated

504

Organizational Chart (2021-2022)

Stipulated

Stipulated

505

McStay's Notes dated March 12, 2020

Stipulated

Disputed

D (see Ex. 38), FRE 106

506

Executive Summary of Carla Santorno dated July 20, 2022(for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

MIL No. 4, FRE 401-04, 602, 801-803

507

Report of Mueller & Partin dated September 20, 2022(for illustrative purposes and for use with the Court's permission to the extent it becomes necessary)

Stipulated

Disputed

FRE 401-04, 602, 801-803

508

Plaintiff's Action Logs and Notes, March 3, 20

Disputed

Disputed

MIL No. 12

509

CPSD Policy No. 5211

Stipulated

Disputed

MIL No. 3

510

Calendar Meeting with Subject “Discuss Reorg (few minutes),” dated April 23,2019

Disputed

Disputed

MIL No. 14

511

Banner Reference Letter dated April 19, 2021

Stipulated

Disputed

FRE 401-03

512

Email from Krininger to Plaintiff with Subject “Employee Accommodation Plan,” dated January 3, 2020

Stipulated

Stipulated

513

Email from Krininger to Plaintiff with Subject “Updated Accommodation Plan,” dated April 6, 2020

Stipulated

Stipulated

514

Letter to Banner from McCartan and Eakin

Disputed

Disputed

MIL No. 2

515

FMLA Leave Authorization dated October 4,2019

Stipulated

Disputed

D (see Ex. 34)

516

McStay email to Plaintiff with subject “Follow-up to complaint of 10-6-20,” dated November 12, 2020

Disputed

Disputed

FRE 106

517

O'Donnell email to Beck with subject “Smith/Kristi/Clover Park School District,” dated November 4, 2020

Stipulated

Disputed

MIL No. 13

518

RCW 28A.405.230

Stipulated

Disputed

MIL No. 3

519

CPSD Policy No. 5254

Stipulated

Disputed

MIL No. 3

520

Kristi Smith Text Messages

Disputed

Disputed

FRE 106, 401-403, 602, 801-803

521

Superintendent Ron Banner's Biography

Disputed

Disputed

MIL No. 15, FRE 401-403, 801-803

522

CPSD Standard Operating Procedures

Disputed

Disputed

FRE 401-403; 801-803

523

CPSD Board of Directors Role and Responsibility

Disputed

Disputed

MIL No. 15; FRE 401-403; 801-803

524

Brian Laubach Evaluations 2019-20, 2020-21, 2021-22

Disputed

Disputed

MIL No. 15 FRE 401-403; 801-803

525

CPSD'sJob Description for Laubach's Assistant Superintendent Position 2020

Stipulated

Stipulated

526

McCartan email to Laubach, Plaintiff, and Eakin sent on October 1, 2020 at 10:34 a.m.

Stipulated

Disputed

FRE 401-403; 801-803

527

List of Candidates for 2020 and 2022 (Provisional)

Disputed

Disputed

MIL No. 15; FRE 401-403; 801-803

528

Interviewer's Notes for Kristi Smith's Interview for Assistant Superintendent in 2022 (to be supplemented)

Disputed

Disputed

FRE 401-403; 801-803

The Parties' Objection Code:

MIL

Subject of Motion in Limine

VIII. DEPOSITION DESIGNATIONS

Witness Linda Krininger retired from her role as the District's Director of Human Resources. She now resides in Cheney in Eastern Washington. Plaintiff took Ms. Krininger's deposition with the understanding that she was beyond the 100-mile reach of a trial subpoena. However, the District's counsel, who also represents Ms. Krininger, recently indicated that Ms. Krininger will make herself available to testify in-person at trial. As a precaution, the parties have nonetheless prepared deposition designations, counter-designations, objections, and responses, per LCR 16, related to Ms. Krininger's deposition. They are attached as Appendix A.

IX. ACTION BY THE COURT

(a) This case is scheduled for trial before a jury on January 17, 2023, at 9:30 a.m.

(b) Trial briefs shall be submitted to the court on or before January 6, 2023.

(c) Jury instructions requested by either party shall be submitted to the court on or before January 6, 2023. Suggested questions of either party to be asked of thejury by the court on voir dire shall be submitted to the court on or before January 6, 2023.

(d) All exhibits identified in this Pretrial Order for which authenticity and admissibility are stipulated should be admitted into evidence. Accordingly, it is hereby ordered that the following Trial Exhibits are admitted into evidence: 6,7,8,9, 12, 13, 27, 34, 36, 37, 39, 47, 48, 51, 52, 53, 56, 57, 59, 62, 63, 503, 504, 512, 513, and 525.

This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

APPENDIX A

(Appendix A Omitted)


Summaries of

Smith v. Clover Park Sch. Dist. No 400

United States District Court, Western District of Washington
Jan 6, 2023
3:21-CV-05767-JHC (W.D. Wash. Jan. 6, 2023)
Case details for

Smith v. Clover Park Sch. Dist. No 400

Case Details

Full title:KRISTI SMITH, Plaintiff, v. CLOVER PARK SCHOOL DISTRICT NO 400, Defendants.

Court:United States District Court, Western District of Washington

Date published: Jan 6, 2023

Citations

3:21-CV-05767-JHC (W.D. Wash. Jan. 6, 2023)