Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :06-cv—O0O27-SLR Document 49-3 Filed 05/02/2007 Page 1 of 4
‘ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
A PAULA PAGONAKIS, ) CASE NO. 06-027 SLR ‘
)
Plaintiff, )
v. )
)
EXPRESS, LLC, a/k/a )
LIMITED BRANDS, INC., ) ·
)
Defendant. )
AFFIDAVIT OF DAVID A. CAMPBELL I
STATE OF OHIO )
) SS
COUNTY OF CUYAHOGA )
I, David A. Campbell, being duly cautioned and sworn, state as follows: ·
1. I am a partner with the law finn of Vorys, Sater, Seymour and Pease LLP. This ;
law firm is lead counsel for the Defendant, Express, LLC ("Express"), in the captioned—lawsuit.
2. Prior to commencing this lawsuit, Plaintiff Paula Pagonakis ("Plaintiff’) filed an
administrative charge of discrimination (the "Charge") with the Equal Employment Opporttmity
Commission (the "EEOC"). This law firm represented Express in connection with her
administrative charge.
3. Plaintiff s Charge asserted one claim of failure to accommodate under the
Americans with Disabilities Act (the "ADA"). The Charge did not assert that Plaintiff had been
constructively discharged nor did it assert that she had been harassed or retaliated against.
t
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Case 1 :06-cv—00O27-SLR Document 49-3 Filed 05/02/2007 Page 2 of 4 A
4. On or about April 23, 2004, Express submitted its position statement responding
an to the Charge. Consistent with the Charge, the position statement only addressed P1aintiff’s
A . allegation of failure to accommodate. _ `
5. On or about October 11, 2005, Express received Plaintiff s Amended Charge. -_
The cover page to the Amended Charge added the following comments: "Amended Charge for
Q your records. Charge was amended prior to being dismissed. No response is required." A copy
of the fax cover page is attached hereto.
6. As such, Express never had the opportunity to respond to the Amended Charge.
7. In a letter of October 31, 2005, Express objected to the Amended Charge,
informing the EEOC that Express’ position statement to the charge did not address the I
resignation, the subsequent requests for information did not address the resignation, and the
resignation was never discussed nor reviewed at the Fact Finding Conference held prior to the
dismissal of the Charge.
8. In connection with this lawsuit, Express submitted a Freedom of Information Act ‘
("FOLAr") Request to the EEOC and received the EEOC’s administrative tile. The tile does not "
contain any permanent notice of change of address for Plaintiff I
9. EEOC Docrunents did show that the EEOC contacted Plaintiff on or about _
September 30, 2005 and told her that her right to sue letter was forthcoming. There is no ‘
indication that Plaintiff informed the EEOC to send the right to sue letter to any other address
than the one contained in the Amended Charge.
10. As part of discovery, Plaintiff produced a copy of an envelope in which her right T
to sue letter was sent bearing the postmark of October 5, 2005 and the address 140 Back Creek
Drive, Middletown, DE 19708. This is the same address Plaintiff verified as correct six days i
2

Case 1 :06-cv—OOO27-SLR Document 49-3 Filed 05/O2/2007 Page 3 of 4 L_
earlier. The envelope reveals that it was forwarded to another address in Virginia on October ll,
-’ 2005.
. · The above is true, correct, and based on my personal knowledge. 0.
FURTHER AF F IANT SAYETH NAUGHT.
’ David A. Campbell
D
Swom to and subscribed in my presence this Qgday of April 2007.
Notary Pu ic `I
BRIDGET ANN TULETA ·
NOTAFIY PUBLIC • STATE OF OHIO
Recorded in Cuyahoga County
My commission expires May 17, 2008
3 I

;}""°5 loééie 1 ;66°!'EiF¥l56lb‘§'i°f§El`il%“N'T Document 49-2 Zlitittett 05/02/2O07‘UlBPa°g1€W®f4-M5? .
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Philadelphia District Office
The Bourse, Suite 400 `
21 South Fifth Street `
Philadelphia, PA 19106-2515 1
TELECOPIER MESSAGE COVER PAGE : Q
TO: David A. Campbell, Esq.
Firm: Vorys, Sater, Seymour and Pease, LLP 1
Fax: 216-937~3779
V From: George J. I\/larinuccl, Investigator 4
Phone: 215-440-2536 (Direct-dial) - _‘
F ax: 215-440-2604
Date: 10/11/2005 Total Pages & Cover: 3
Subject: Paula Pagonakls v. Limited Brands, Inc.
·.;: EEOC Charge Number 171-2004-01038 i
Comments: I
Amended Charge for your records.
Charge was amended prior to being dismissed.
No response is required.
lf you do not receive the correct number of pages (not counting the cover page), or there are any problems with 1 `
this transmission, please contact the sender immediately or the main receptionist at (215) 440-2600.