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 LLC, ) ) Defendant. ) ) ____________________________________ )

CIVIL ACTION NO. C-07-3944 (SBA) DECLARATION OF KATHRYN BURKETT DICKSON IN SUPPORT OF MOTION OF JANET STEGE FOR LEAVE TO INTERVENE Date: Time: Courtroom: Judge: March 4, 2008 1:00 p.m. 3, 3rd Fl. (Oakland) Hon. Saundra B. Armstrong

I, Kathryn Burkett Dickson, declare as follows: 1. I am an attorney licensed to practice in the State of California and before this

Court. I submit this Declaration in Support of the Motion of Janet Stege for Leave to Intervene in the above case. I have personal knowledge of the facts set forth in this declaration and am competent to testify to them. 2. I have been retained by Janet Stege to represent her individual interests in this

matter and have been authorized by her to file this motion for leave to intervene on her behalf. 3. I first met with Ms. Stege on December 28, 2007, reviewed the underlying

materials in the case and met with her again earlier this week. This motion is being filed as expeditiously as possible after our agreement that Ms. Stege would retain my services, which occurred on January 7, 2008.
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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4.

On the morning of January 8, 2008, I contacted defense counsel, Margaret Hart

Edwards to inform her that I would be representing Ms. Stege, to inform her that I would be filing a motion to intervene on Ms. Stege's behalf, and to discuss the schedule for Ms. Stege's deposition. 5. During my conversation with defense counsel on January 8, 2008, I asked that

Defendants stipulate to Ms. Stege's intervention, but defense counsel refused. Defense counsel chose to continue Ms. Stege's deposition until after the Court's ruling on intervention, although I informed Ms. Hart Edwards that we were prepared to go forward with the deposition if she desired. 6. Attached to this Declaration as Exhibit A is a true and correct copy of the

Complaint in Intervention that Ms. Stege requests permission to file. 7.
The Complaint in Intervention names as Defendants Georgia-Pacific Corrugated, LLC

and Georgia-Pacific Holdings, LLC, rather than Georgia-Pacific LLC, as originally named in the Complaint originally filed by the EEOC. Counsel for the Commission, David Offen-Brown and Linda Ordonio-Dixon have been informed me, as well as counsel for Defendant, (and indicated in the first CMC statement) that the EEOC will shortly be seeking to amend the Complaint to substitute these Defendants as the proper employers and proper Defendants in the case. In addition, I have observed that Defendant identified these entities in the Statement of Interested Parties it filed with the Court (see Court's Electronic Docket for this case, Document No. 11). 8. From reviewing the files and records in this case, and based on my discussions with

Counsel for the EEOC, I am aware that no depositions have yet been taken in this matter; that the original parties have exchanged Initial Disclosures; no mediations have occurred; no motions have been filed. and that the EEOC has fully responded to one set of interrogatories and one set of requests for production of documents; and that other discovery has not yet taken place. /// /// ///

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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9. for this case.

Ms. Stege and I are prepared to abide by the trial and pre-trial schedule set by the Court

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 January 10, 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; and GEORGIA-PACIFIC ) HOLDINGS, LLC; ) ) Defendants. ) ) ____________________________________ )

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: March 4, 2008 1:00 p.m. 3, 3rd Fl. (Oakland) Hon. Saundra B. Armstrong

Plaintiff/Intervenor Janet Stege complains and alleges as follows: 21 JURISDICTION AND VENUE 22 1. 23 because this action arises under the law of the United States, including 42 U.S.C. §§ 12112, 24 2117 and 42 U.S.C. §2000e-5(f)(1). Plaintiff/Intervenor Janet Stege ("Ms. Stege") has the 25 right to intervene in this action pursuant to 42 U.S.C. §2000e-5(f)(1). 26 2. 27 that the events described herein occurred in this judicial district. Plaintiff/Intervenor is 28
Complaint in Intervention For Disability Discrimination and Failure to Accommodate Civil Action No. C-07-3944 (SBA) 1

This Court has jurisdiction to hear this action pursuant to 28 U.S.C. section 1331

The claims involved in this action arose in the Northern District of California, in

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informed and believes that Defendants Georgia-Pacific Corrugated, LLC and Georgia-Pacific Holdings LLC own and operate 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 Defendants are located in those two Counties, which are within this 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

Defendants Georgia-Pacific Corrugated LLC and Georgia-Pacific Holdings, LLC are corporations authorized to do business and were or are doing business in the State of California, Counties of San Mateo and/or Alameda, and have continuously employed at least 15 persons. Plaintiff/Intervenor is further informed and believes and thereon alleges that Defendants Georgia-Pacific Corrugated LLC and Georgia-Pacific Holdings LLC operate as an integrated enterprise and/or constitute a "single employer" of Plaintiff/Intervenor. 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.
Complaint in Intervention For Disability Discrimination and Failure to Accommodate Civil Action No. C-07-3944 (SBA)

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8.

At all relevant times, Defendants have been employers 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

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, Defendants have been and are continuing to provide her with reasonable accommodation. 15. Ms. Stege has suffered physically, emotionally, and financially as a result of

Defendant's discrimination against and failure to accommodate her.
Complaint in Intervention For Disability Discrimination and Failure to Accommodate Civil Action No. C-07-3944 (SBA)

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16.

Defendants' 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. 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. Defendants 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, Defendants have deprived Ms.

Stege of equal employment opportunities and have otherwise adversely affected her status as an employee because of her disability. 21. Defendants 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. Defendants 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
Complaint in Intervention For Disability Discrimination and Failure to Accommodate Civil Action No. C-07-3944 (SBA)

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disability, fibromyalgia, and failing to take all steps reasonably necessary to prevent disability discrimination from occurring. 25. In engaging in the conduct described above, Defendants have deprived Ms.

Stege of equal employment opportunities and have otherwise adversely affected her status as an employee because of her disability. 26. Defendants 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 Defendants 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

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

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

implement policies, training, and procedures to ensure that Defendants' managers, supervisors and other relevant employees fulfill their legal obligations to ensure that discrimination against e 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.
Complaint in Intervention For Disability Discrimination and Failure to Accommodate Civil Action No. C-07-3944 (SBA)

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8.

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

Dated: January 10, 2008 By:

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

5 6 7 8 9 10 claims 11 as authorized by law. 12 13 Dated: January 10, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By:

DEMAND FOR JURY TRIAL Plaintiff/Intervenor Janet Stege hereby demands a jury trial on her federal and state

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

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

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