Free Proposed Pretrial Order - District Court of Colorado - Colorado

Case 1:03-cv-02435-PSF-PAC

Document 274-2

Filed 10/05/2006

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DEFENDANT'S WITNESS LIST

Defendant's Non-expert Witnesses Witnesses Who Will Be Present at Trial Jan Kost ­ Associate Chief of Nursing, Nursing Home Care Unit, Denver VA Medical Center. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including the reasons plaintiff was not allowed to transfer out of the NHCU, training for nurses, plaintiff's application for positions, plaintiff's request for various duties and positions, and plaintiff's light duty assignments. Claire Long, Personnel Assistant, DVAMC. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's Workman's Compensation Claims with the Department of Labor, the VA's efforts to locate other positions for the plaintiff, and policies and practices regarding temporary light duty detail assignments. Cynthia McCormack, Former Supervisor, Nursing Service, Denver VA Medical Center. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including positions which plaintiff sought, and plaintiff's suitability and qualifications for these positions. James Merline, Vocational Consultant. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including suitable, available and appropriate employment opportunities for plaintiff following her termination from the VA, her efforts to obtain such employment, and her efforts to cooperate with vocational advisors regarding employment. Steven Oboler, M.D., Employee Health Physician, Denver VA Medical Center. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's condition from 1997 through 1991, and its impact on her ability to perform her nursing duties at the Denver VA Medical Center. Kenneth Pulliam, Vocational Rehabilitation Specialist. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including suitable, available and appropriate employment opportunities for plaintiff following her termination from the VA, her efforts to obtain such employment, and her efforts to cooperate with vocational advisors regarding employment. Vernell Rhodes ­ Personnel Management Specialist. Former head nurse on the north wing of the NHCU. Testimony will address facts and circumstances surrounding plaintiff's -i-

Case 1:03-cv-02435-PSF-PAC

Document 274-2

Filed 10/05/2006

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discrimination and retaliation claims, including physical requirements for nurses, reasons for placing employees on leave without pay status, transfers, training, performance plans, orientation and reorientation, and plaintiff's assignment to MAS and to Rehabilitation Medicine Service. Edward Sanchez - Chief, Human Resources Management Service, HRMS, DVAMC. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's injury and its effects on her ability to perform certain work, the VA's efforts to locate other positions for the plaintiff, policies and practices regarding temporary light duty detail assignments, positions which plaintiff sought, plaintiff's suitability and qualifications for these positions, and policies regarding leave, leave without pay and "AWOL." Jane Sheldon, Chief, Nursing Service. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's performance at VAMC, her requests for various transfers, promotions, training, etc., and plaintiff's suitability and qualifications for transfers, promotions, and training. Christopher Vigil, Rehabilitation Counselor. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including suitable, available and appropriate employment opportunities for plaintiff following her termination from the VA, her efforts to obtain such employment, and her efforts to cooperate with vocational advisors regarding employment. Martha Weeks ­ former Head Nurse, Nursing Home Care Unit. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's injury, efforts made to assist plaintiff due to her injury, temporary light duty detail assignments provided to plaintiff, plaintiff's request for transfer out of the NHCU, the reasons for denying plaintiff transfer and certain training, plaintiff's performance and performance appraisals, and plaintiff's performance plan. Rebecca Williams - Associate Director, DVAMC Patient Focused Care. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's injury, efforts made to assist plaintiff due to her injury, temporary light duty detail assignments provided to plaintiff, plaintiff's request for transfers, the reasons for denying plaintiff transfer and certain training, plaintiff's performance and performance appraisals, plaintiff's performance plan, staff nurse duties and responsibilities at the Denver VA Medical Center, the availability of light duty temporary details for plaintiff, plaintiff's fitness for duty, the reason for plaintiff's termination from employment, and policies regarding light duty details at the VAMC in Denver during plaintiff's employment with the VA in Denver. Judith Wilson, former Assistant Chief of Nursing, DVAMC. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's injury, efforts made to assist plaintiff due to her injury, temporary light duty detail -ii-

Case 1:03-cv-02435-PSF-PAC

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assignments provided to plaintiff, plaintiff's request for transfers and promotions, the reasons for denying plaintiff transfer, promotion, and certain training, plaintiff's performance and performance appraisals, plaintiff's performance plan, staff nurse duties and responsibilities at the Denver VA Medical Center, the availability of light duty temporary details for plaintiff, plaintiff's fitness for duty, and policies regarding light duty details at the VAMC in Denver during plaintiff's employment with the VA in Denver. Michael R. Winn, Personnel Officer. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's injury, efforts made to assist plaintiff due to her injury, temporary light duty detail assignments provided to plaintiff, the availability of light duty temporary details for plaintiff, policies regarding light duty details at the VAMC in Denver during plaintiff's employment with the VA in Denver, and OWCP. Witnesses Who May Be Present at Trial Phil Barbour, Claims Examiner. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including efforts to locate suitable, available and appropriate employment for plaintiff following her termination from the VA, her efforts to obtain such employment, and her efforts to cooperate with vocational advisors regarding employment. Patrick V. Brown, Chief, Ambulatory Care and Processing, VA Medical Center, Denver, Colorado. Testimony will address facts and circumstances surrounding defendant's counterclaim, including the April 2, 1997 administrative settlement agreement, and all efforts by defendants to comply with the terms of the settlement agreement. Charlotte Day, R.N. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's performance at the VAMC. Raymond Deluna ­ Former Supervisory Personnel Management Specialist, Human Resources Office, Denver VA Medical Center (DVAMC). Currently employed as Personnel Specialist at San Francisco VA Medical Center. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including VAMC's efforts to assist plaintiff, following her on-the-job injury, by locating assignments and positions for her, policies and practices regarding temporary light duty detail assignments, positions which plaintiff sought, plaintiff's suitability and qualifications for these positions, and policies regarding leave, leave without pay and "AWOL." Patricia Grant, Associate Chief, Nursing Service, Education. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's injury, efforts made to assist plaintiff due to her injury, temporary light duty detail assignments provided to plaintiff, and staff nurse duties and responsibilities at the Denver VA -iii-

Case 1:03-cv-02435-PSF-PAC

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Medical Center. Charles David Harrell ­ Chief of Human Resources Management service. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's requests for promotions, her details to light duty assignments, and her termination from employment. Jolinda D. Lauderdale, RN, NHCU. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's failure to assist other nurses in the NHCU. Barry Lindenbaum, M.D., plaintiff's treating physician. Will testify concerning plaintiff's light duty restrictions and back pain. George Marnell ­ Associate Director, VAMC Denver. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's light duty assignments, plaintiff's leave without pay status, and plaintiff's separation from employment. Suzanne Montague, R.N., DVAMC Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including charge nurse duties, and plaintiff's experience serving as a charge nurse. Linda Ortivez, LPN. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including the incident with the patient, Ron Ore. Louis Phillips, OWCP Counselor. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's interaction with OWCP staff and OWCP's efforts to assist plaintiff. Michael Pieper, Chief, Personnel Service. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including plaintiff's leave without pay status during certain periods of time. M. Preisser, Personnel Assistant.. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including efforts to assist plaintiff following her injury. Sheldon Roger, M.D. Will testify regarding plaintiff's medical condition and her inability to perform the requirements of a nursing position. Robert D. Rondinelli, M.D., RMS. Will testify concerning plaintiff's inappropriate actions while working as Temporary Clerical Assistant in RMS.

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Case 1:03-cv-02435-PSF-PAC

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Filed 10/05/2006

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Fred Salas ­ Director, VAMC Denver, Colorado. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including knowledge of VAMC's termination of plaintiff and its efforts to place plaintiff in a position given her medical needs. Ricki Stephenson, Supervisory Personnel Management Specialist. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including defendant's efforts to assist plaintiff given her injury. John Sullivan, Claims Examiner. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including efforts to locate suitable, available and appropriate employment for plaintiff following her termination from the VA, her efforts to obtain such employment, and her efforts to cooperate with vocational advisors regarding employment. Edward Thorsland, Jr. ­ Director, VAMC Denver, Colorado. Testimony will address facts and circumstances surrounding plaintiff's discrimination and retaliation claims, including VAMC's termination of plaintiff and its efforts to place plaintiff in a position following her termination. Custodian of Records, VAMC The Custodian of Records will testify as to the authenticity of defendants' exhibits, and where appropriate that certain exhibits are business records under F.R.E. 803 (6).

Defendant's Expert Witnesses Janet Toney. Ms. Toney will provide testimony consistent with the opinions stated in her expert report and at her deposition. Thomas Walsh. Mr. Walsh will provide testimony consistent with the opinions stated in his expert report, and testify that if plaintiff failed to mitigate her damages her lost earnings are significantly reduced.

Defendant's Presentation of Testimony by Transcript Defendant may seek to introduce the testimony of Raymond DeLuna, Jane Sheldon, Vernell Rhodes, and Claire Long by way of their testimony under oath before the Administrative Law Judge, Dickie Montmayor, during the administrative proceedings before the ALJ in August 2001.

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