Free Declaration in Support - District Court of California - California

Case 3:07-cv-04893-JSW

Document 12

Filed 12/17/2007

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SCOTT N. SCHOOLS (SCSBN 9990) United States Attorney JOANN M.SWANSON (SBN 88143) Chief, CiviI Division ABFL4HAM SIMMONS (SBN 146400) Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, California 94 102-3495 Telephone: (415) 436-7264 Facsimile: (415) 436-6748 E-mail: abraham.simrnons@usdoi.~ Of Counsel DONALD C. PHlLIPS (SBN 129726) United States Department of Veterans Affairs

Attorneys for Defendant R. James Nicholson, Secretary of the United States Department of Veterans Affairs
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
S A N FRANCISCO DIVISION

) Case No.: C-07-4893-JSW 'I

R. James Nicholson, Secretary of the United States Department of Veterans Affairs, Defendant.

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Pursuant to 28 U.S.C. 3 1746, I, Alan S. Perry, declare as follows:

II regarding these facts if called to do so. I submit this declaration in support of defendant's venue (
motion.

I/

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1. I am the Director of the United States Department of Veterans Affairs Central California
Healthcare System (CCHCS). I have personrl knowledge of the following facts and could

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2. My permanent duty station is in Fresno, California and I reside in Fresno County. I have

1 Ii the victim of illegal discrimination while she was under my supervision. I deny all allegations o1
been informed that among the allegations in plaintiffs complaint in this action she claims to be

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DECLARATION OF ALAN S.PERRY - 1

Case 3:07-cv-04893-JSW

Document 12

Filed 12/17/2007

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discrimination by me against plaintiff, Arrolene Burrell. Nonetheless, during the entire time that

I was Ms. Burrell's supervisor, all activity related to my supervision of Ms. Bum11 took place in
Fresno, California.
3. In 2001, while I was the Director of the CCHCS, we went through a process wherein a

Ithe various CCHCS social workers were assigned to various "Product Lines," such as the mental
health or geriatrics and extended care. In that process, the Social Work Service was dissolved

number of CCHCS's Service lines, including the Social Work Service, were de-centralized and

/ Ms. Burrell eventually became one of my direct reports. During the entire time that 1was her

and Ms. Burrell ceased to be the Chief of the Social Work Semice. After the decentralization,

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Supervisor, Ms. Burrell's duty station was in Fresno, California.
4.

The relevant to Ms. Burrell's discrimination allegations 1 supervisionrecordsBurrell are maintained in Fresno, California. that an related to my of Ms. 5. If Ms. Burrell was ever in San Francisco County during any of the alleged discriminatory acts, I was not aware of her off the VA campus location.

6. Had Ms. Burrell chosen not to retire when she did and if she continued to work for the
Department of Veterans Affairs, her duty station would have been in Fresno, California, unless she sought to transfer her duty station to another VA installation. 7. I am informed that plaintiff alleges in her Complaint that, "Many of the unlawful practices alleged in this complaint occurred in the County of San Francisco, which is situated in
the Northern District of California." I can recall no interaction that I had with Ms. Burrell that

occurred in the County of San Francisco. Instead, and as stated herein, all supervisory activity I conducted related to Ms. Bunell that is at issue in this action occurred at the VA Medical Center
in Fresno, California.

I declare under penalty of perjury that the foregoing is true and correct and that this

declaration was executed under the laws of the United States on this
2007, in Fresno, California.

aday of December,

DECLARATION OF ALAN S. PERRY - 2