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 | ||
002 | Smith email to Banner and McStay dated Sept. 6, 2019 | Stipulated | Disputed | ||
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 | ||
005 | Smith Action Logs and notes | Disputed | Disputed | ||
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 | ||
011 | Central Office Leadership Observation dated June 30,2017 | Disputed | Disputed | ||
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 |
015 | Krininger notes re: Concern email | Disputed | Disputed | ||
016 | Banner and Smith Emails regarding Assistant Superintendent for Secondary Schools position, dated May 3, 2022 | Stipulated | Disputed | ||
017 | Letter of Intent to Hire datedMar. 11,2014 | Stipulated | Disputed | ||
018 | 90-Day evaluation dated Sept. 26, 2014 | Stipulated | Disputed | ||
019 | Annual evaluation dated June 30,2015 | Stipulated | Disputed | ||
020 | Annual evaluation dated June 30,2016 | Stipulated | Disputed | ||
021 | Annual evaluation dated June 21,2017 | Stipulated | Disputed | ||
022 | Annual Performance Appraisal dated June 28, 2018 | Stipulated | Disputed | ||
023 | 90-Day Performance Evaluation dated Sept. 28, 2018 | Stipulated | Disputed | ||
024 | Board Minutes dated Mar. 11, 2019 | Stipulated | Disputed | ||
025 | Superintendent's ContractdatedMar. 11, 2019 | Stipulated | Disputed | ||
026 | Annual Performance Appraisal dated June 12, 2019 | Stipulated | Disputed |
027 | CPSD Org Chart for workflows (Excel) dated June 24, 2019 | Stipulated | Stipulated | ||
028 | Note from CHI Franciscan dated Aug. 6, 2019 | Stipulated | Disputed | ||
029 | Letter from Dr. Dawson dated Aug. 13, 2019 | Stipulated | Disputed | ||
030 | Letter from Dr. Dawson dated Aug. 23, 2019 | Stipulated | Disputed | ||
031 | Physician Certification dated Sept. 2,2019 | Stipulated | Disputed | ||
032 | Physician Certification dated Sept. 12,2019 | Stipulated | Disputed | ||
033 | Letter from Dr. Dawson dated Oct. 3, 2019 | Stipulated | Disputed | ||
034 | FMLA Leave Authorization dated Oct. 4,2019 | Stipulated | Stipulated | ||
035 | Letter from Dr. Dawson dated Nov. 5, 2019 | Stipulated | Disputed | ||
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 |
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 | ||
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 | ||
046 | Smith complaint about work environment dated Oct. 6, 2020 | Disputed | Disputed | ||
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 | ||
050 | HRC closure notice dated Oct. 29, 2021 | Disputed | Disputed |
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 | ||
055 | 2017-18 organization chart | Disputed | Disputed | ||
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 | ||
061 | OSPI training slide | Disputed | Disputed | ||
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 | ||
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 | ||
069 | CPSD'sFirst Supplemental answers and objections to Smith's 1st Interrogatories and Requests for Production (for illustrative purposes | Stipulated | Disputed |
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 | ||
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 | ||
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 | ||
073 | CPSD'sfirst supplemental answers and objections to Smith's 2nd | Stipulated | Disputed |
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 | ||
075 | Banner photo | Stipulated | Disputed | ||
076 | Laubach photo | Stipulated | Disputed | ||
077 | McCartan photo | Stipulated | Disputed | ||
078 | Eakins photo | Stipulated | Disputed | ||
079 | Schafer photo | Stipulated | Disputed | ||
080 | Wagemann photo | Stipulated | Disputed | ||
081 | Smith family photos | Stipulated | Disputed |
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 | ||
501 | Board Brief Memo from Ron Banner to Board dated November 8, 2019 | Disputed | Disputed |
502 | CPSD's Assistant Superintendent for Instructional Programs Job Description | Disputed | Disputed | ||
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 | ||
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 | ||
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 | ||
517 | O'Donnell email to Beck with subject “Smith/Kristi/Clover Park School District,” dated November 4, 2020 | Stipulated | Disputed | MIL No. 13 | |
518 | Stipulated | Disputed | MIL No. 3 | ||
519 | CPSD Policy No. 5254 | Stipulated | Disputed | MIL No. 3 | |
520 | Kristi Smith Text Messages | Disputed | Disputed |
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)