Free Declaration in Support - District Court of California - California

Case 4:07-cv-03944-SBA

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KATHRYN BURKETT DICKSON, State Bar No. 70636 DICKSON - ROSS LLP 1970 Broadway, Suite 1045 Oakland, CA 94612 Phone: 510-268-1999 Fax: 510-268-3627 E-mail: [email protected] Attorneys for Plaintiff/Intervenor JANET STEGE UNTIED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff ) ) v. ) ) GEORGIA-PACIFIC CORRUGATED, ) LLC, ) ) Defendant. ) ) ____________________________________

CIVIL ACTION NO. C-07-3944 (SBA) SUPPLEMENTAL DECLARATION OF KATHRYN BURKETT DICKSON IN SUPPORT OF MOTION OF JANET STEGE FOR LEAVE TO INTERVENE Date: Time: Courtroom: Judge: April 1, 2008 1:00 p.m. 3, 3rd Fl. (Oakland) Hon. Saundra B. Armstrong

I, Kathryn Burkett Dickson, declare as follows: 18 1. 19 Court. I submit this Supplemental Declaration in Support of the Motion of Janet Stege for 20 Leave to Intervene in the above case. I have personal knowledge of the facts set forth in this 21 declaration and am competent to testify to them. 22 2. 23 submitted a proposed Complaint in Intervention, which was attached to my original declaration 24 in support of the motion. In its opposition to the intervention motion, Defendant argues that the 25 only proper Defendant, and the only Defendant who employed Ms. Stege, was Georgia-Pacific 26 Corrugated, LLC, and that Georgia-Pacific Holdings, LLC did not employ her and is not a 27 proper Defendant in this action. Def. Opp. at 15-21 & accompanying declarations. 28
Declaration of Kathryn Burkett Dickson in Support of Motion of Janet Stege for Leave to Intervene Civil Action No. C-07-3944 (SBA) 1

I am an attorney licensed to practice in the State of California and before this

In conjunction with the filing of Ms. Stege's motion to intervene, Plaintiff

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3.

Since the filing of the motion to intervene, Georgia-Pacific and the EEOC have

entered into a stipulation and the Court has issued an Order permitting the EEOC to file an Amended Complaint naming Georgia-Pacific Corrugated LLC as the Defendant in this action. 4. Based upon Georgia-Pacific's representations in its opposition, as well as the

EEOC's and Georgia-Pacific's stipulation and the Court Order regarding the Amended Complaint, which names only Georgia-Pacific Corrugated, LLC as Defendant, Plaintiff agrees to name as Defendant only Georgia-Pacific Corrugated, LLC in her proposed Complaint in Intervention. 4. Attached to this Declaration as Exhibit A is a true and correct copy of the

revised Complaint in Intervention that Ms. Stege requests permission to file. 5. Since the filing of the motion to intervene, the parties have scheduled Ms.

Stege's deposition for early April and have conducted a pre-mediation conference call with the Court-appointed mediator, Jamie Dupree. The Court-ordered mediation in this matter is set for April 24, 2008.

I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. This Declaration was signed in Oakland, California on March 18, 2008.

/s/ Kathryn Burkett Dickson Kathryn Burkett Dickson

Declaration of Kathryn Burkett Dickson in Support of Motion of Janet Stege for Leave to Intervene Civil Action No. C-07-3944 (SBA)

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Exhibit A

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KATHRYN BURKETT DICKSON, State Bar No. 70636 DICKSON - ROSS LLP 1970 Broadway, Suite 1045 Oakland, CA 94612 Phone: 510-268-1999 Fax: 510-268-3627 E-mail: [email protected] Attorneys for Plaintiff/Intervenor JANET STEGE UNTIED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EQUAL EMPLOYMENT OPPORTUNITY ) COMMISSION, ) ) Plaintiff ) ) JANET STEGE, ) ) Plaintiff/Intervenor ) ) v. ) ) GEORGIA-PACIFIC CORRUGATED, ) LLC, ) ) Defendant. ) ) ____________________________________ )

CIVIL ACTION NO. C-07-3944 (SBA) COMPLAINT IN INTERVENTION FOR DISABILITY DISCRIMINATION AND FAILURE TO ACCOMMODATE DEMAND FOR JURY TRIAL Date: Time: Courtroom: Judge: April 1, 2008 1:00 p.m. 3, 3rd Fl. (Oakland) Hon. Saundra B. Armstrong

Plaintiff/Intervenor Janet Stege complains and alleges as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction to hear this action pursuant to 28 U.S.C. section 1331

because this action arises under the law of the United States, including 42 U.S.C. §§ 12112, 2117 and 42 U.S.C. §2000e-5(f)(1). Plaintiff/Intervenor Janet Stege ("Ms. Stege") has the right to intervene in this action pursuant to 42 U.S.C. §2000e-5(f)(1). 2. The claims involved in this action arose in the Northern District of California, in

that the events described herein occurred in this judicial district. Plaintiff/Intervenor is
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informed and believes that Defendant Georgia-Pacific Corrugated, LLC owns and operates facilities within this District in which Ms. Stege has been employed. 3. This Court has pendent and supplemental jurisdiction over Plaintiff/Intervenor's

claims brought pursuant to the California Fair Employment and Housing Act ("FEHA") pursuant to 28 U.S.C. § 1367. Compensatory and punitive damages, attorneys' fees and costs, as well as injunctive and equitable relief are sought pursuant to both the federal ADA and the California FEHA provisions providing for such remedies. INTRADISTRICT ASSIGNMENT 4. This action is appropriate for assignment to San Francisco/Oakland because the

unlawful employment practices alleged were and are being committed in San Mateo and/or Alameda Counties, and the relevant facilities owned and operated by Defendant are located in those two Counties, which are within the San Francisco/Oakland District. PARTIES 5. Plaintiff/Intervenor Janet Stege is a natural person who resides within this

judicial district. 6. Plaintiff/Intervenor Janet Stege is informed and believes and thereon alleges that

Defendant Georgia-Pacific Corrugated LLC is a corporation authorized to do business and was or is doing business in the State of California, Counties of San Mateo and/or Alameda, and has continuously employed at least 15 persons. 7. Plaintiff Equal Employment Opportunity Commission ("EEOC" or

"Commission") is the agency of the United States of America charged with the administration, interpretation, and enforcement of the Americans with Disabilities Act ("ADA") and Title VII of the Civil Rights Act. 8. At all relevant times, Defendant has been an employer covered by the ADA, 42

U.S.C. 12111(2) & (5) and FEHA, Cal. Gov't Code §12926(d) and 12940. FACTUAL ALLEGATIONS 9. Plaintiff/Intervenor Stege has worked for Georgia-Pacific for nearly twenty

Complaint in Intervention For Disability Discrimination and Failure to Accommodate Civil Action No. C-07-3944 (SBA)

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years. She is currently employed in Georgia Pacific's San Leandro, California plant. 10. Starting in approximately 1998, while working at the company's South San

Francisco plant, Ms. Stege required a work schedule accommodation because of her diagnosed medical condition of fibromyalgia, a permanent medical condition that causes deep muscle pain, severe headaches, and fatigue. Fibromyalgia is a disability covered by both federal and state law in that it substantially limits one or more major life activities. 11. The accommodations which involved no assignment to the night shift, no more

than 40 hours of work per week, and two consecutive days off per week, were necessary and were based on Ms. Stege's doctor's recommendation, because they allowed Ms. Stege to rest her muscles and recover before returning to work. Without sufficient rest, Ms. Stege's muscle pain and fatigue become exacerbated. These accommodations were provided until early 2004. 12. In April 2004, Ms. Stege was transferred to the company's San Leandro facility.

She was informed at about that time that the company would no longer make any accommodation to her work schedule. Ms. Stege protested the company's refusal to provide her continuing accommodations. 13. Ms. Stege has attempted to work under the conditions imposed by her employer

and the extra work has exacerbated her condition, creating additional physical and emotional suffering, and necessitating additional time off work. 14. Ms. Stege is able to perform the essential functions of her job with reasonable

accommodation. Since April 2004, Defendant has refused and is continuing to refuse to provide her with the reasonable accommodation of not requiring overtime and the other accommodations described above in paragraph 11. 15. Ms. Stege has suffered physically, emotionally, and financially as a result of

Defendant's discrimination against and failure to accommodate her. 16. Defendant's actions in discriminating against Ms. Stege and in failing to

accommodate her were done intentionally, with malice, and in reckless and/or conscious disregard of Ms. Stege's federally and state protected rights.
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17.

Within the time allowed by law, Ms. Stege filed a charge of discrimination with

the EEOC. The charges were also filed with the DFEH pursuant to a work-sharing agreement between the state and federal agencies. Ms. Stege received a right to sue from the DFEH which was tolled pending the EEOC's investigation, efforts at conciliation, and during the pendency of this action which was timely filed by the EEOC. Thus, all conditions precedent to the filing of this action have been fulfilled. FIRST CLAIM FOR RELIEF (Violation of the Americans with Disabilities Act) 18. 19. The preceding allegations are re-alleged and incorporated here by reference. Defendant engaged in unlawful employment practices in violation of provisions

of the ADA, 42 U.S.C. §§ 12112(a) & (b)(5)(A) by discriminating against Ms. Stege and failing to provide her with reasonable accommodation for her disability, fibromyalgia. 20. In engaging in the conduct described above, Defendant has deprived Ms. Stege

of equal employment opportunities and has otherwise adversely affected her status as an employee because of her disability. 21. Defendant engaged in the conduct described above intentionally, with malice,

and in reckless and/or conscious disregard of Ms. Stege's federally protected rights. 22. Wherefore, Ms. Stege seeks the relief listed below. SECOND CLAIM FOR RELIEF (Violation of the California Fair Employment and Housing Act) 23. 24. The preceding allegations are re-alleged and incorporated here by reference. Defendant engaged in unlawful employment practices in violation of provisions

of the California Fair Employment and Housing Act, Cal. Gov't Code §§ 12926 & 12940, by discriminating against Ms. Stege, failing to provide her with reasonable accommodation for her disability, fibromyalgia, and failing to take all steps reasonably necessary to prevent disability discrimination from occurring. 25. In engaging in the conduct described above, Defendant has deprived Ms. Stege

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of equal employment opportunities and have otherwise adversely affected her status as an employee because of her disability. 26. Defendant engaged in the conduct described above intentionally, with malice,

and in conscious disregard of Ms. Stege's protected rights under state law. 27. Wherefore, Ms. Stege seeks the relief listed below. PRAYER FOR RELIEF WHEREFORE, Plaintiff/Intervenor Janet Stege prays for judgment in her favor and against Defendant as follows: 1. proof; 2. 3. For mental and emotional distress, according to proof; For punitive and exemplary damages in an amount sufficient to punish and deter For compensatory damages, including loss of wages and benefits, according to

Defendant, according to proof; 4. 5. For an award of interest, including prejudgment interest at the legal rate; For injunctive and equitable relief enjoining Defendant from violating

Plaintiff/Intervenor's rights to work free of disability discrimination and requiring Defendant to provide reasonable accommodation as required by law; 6. For injunctive and equitable relief requiring Defendant to establish and

implement policies, training, and procedures to ensure that Defendant's managers, supervisors and other relevant employees fulfill their legal obligations to ensure that discrimination against employees with disabilities does not occur and to ensure that such employees are provided the reasonable accommodations with the law mandates. 7. For an award of attorneys' fees and costs as provided by 42 U.S.C. section

2000e-5(k) and California Government Code section 12965. /// /// ///
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8.

For such other and further relief as the Court deems just and proper.

Dated: March 18, 2008 By:

DICKSON - ROSS LLP /S/ Kathryn Burkett Dickson Kathryn Burkett Dickson Attorneys for Plaintiff/Intervenor JANET STEGE

5 6 7 8 9 10 11 12 13 14 By: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 18, 2008

DEMAND FOR JURY TRIAL Plaintiff/Intervenor Janet Stege hereby demands a jury trial on her federal and state claims as authorized by law.

DICKSON - ROSS LLP /S/ Kathryn Burkett Dickson Kathryn Burkett Dickson Attorneys for Plaintiff/Intervenor JANET STEGE

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