Free Response to Motion - District Court of Arizona - Arizona

Exhibit D

Case 2:02-cv-02157-SRB

Document 78-6

Filed 07/17/2006

Page 1 of 7

FROM.

JF CHASE .. MORGAN
,

(MON)
0:-'-~"

4.26'0411:48/ ..11:47/NO.4860881914 P 4

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DOCKET~:~' :~,,:-

J-~~OS~o__eOPY
APR

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1

Joyce A. Corrales

ti!!1i~.
Unit #6

;1: Phoenix, AZ 85014
3
4
5 6 7

1441 East Maryland,

phone: (602) 574-2837 Fax: (602) 864-3389 Plaintiff Pro PeT

P,n~~

: C5/1I1°1-

motLCY\ Ta

sef

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Odl1loS

OIJ n I jS rU l JJ;vCL::"O~ ldlO-S

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Joyce

4'-128'''' cr-' I!j ...
A. Corrales,
Plaintiff,
'\75.

THE SUPERIOR COURT OF ARIZONA COUNTY MARICOPA OF

CV2004
) Case No. ) ) CIVIL COMPLAINT ) ) (Tort: non~motor ) ) ) ) ) ) )

- 007776
vehicle)

10 II
12

13
14 15 :16

Chase Eankcard ServicesJ Inc., a Delaware corporation, d.b.a. Chase Manhattan Bank, N.A., Defendant. - --..

JYL
complaint for

at J~v /01
Services,

Plaintiff

Joyce A. Corrales presents

this verified

17
)8 19
.20

relief against the business as Chase tort of

Defendant., Manhattan im..-asion

Chase Bankcard Bank, N.A. on

Ine., doing for the

her

claim

intentional Restatement

of privacy (intrusion upon

seclusion,

(Second) of Torts, Sees. 652A & 652B).

21 22

The Plaintiff alleges:
PARAGRAPH ONE

23 24 25
26

The Plaintiff,

Joyce A. Corrales to this

(~Corrales"), is, and has been

at

all times

material

complaint,

an

adult

female and a

resident

of Maricopa

County,

Arizona.
PARAGRAPH TvW

n 28
-

The

Defendant, Chase Bankcard Services, Inc.
. -

(~CBSIU),

is,

'h and --as .Den at a11 t' e _lmes roate:n.Q.1. to

th lS
-

1 comp1an, t

a Delaware

Case 2:02-cv-02157-SRB

Document 78-6

Filed 07/17/2006

Page 2 of 7

FROM JP MORGAN CHASE

(MaN)4.26'0411:401

..11:47/NO.4860881914 P

5

1
2 3 4

corporation, Manhattan

which

~epresents

it$elf as and does business

as ~Chase

Bank,

N.A.".
PARAGRAPH THREE

At operated Arizona

all

times

material office

to at

this

complaint,

CBSI

has owned .and
Drive in Tempe,

5
6 7

a business

100 West

University

(Maricopa County, Arizona).
PARAGRAPH FOUR

8 9

Corrales was employed
its Tempe,
5, 2001

by CBSI as supra,

a Retention Representativeat from February 16, 2001 until

Arizona
when

office

10 April
11 12 13

she was

constructively PARAGRAPH FIVE

discharged

by CBSI.

While

employed

by

CB S I

,
acts

Corrales

became Another

good

friends with James Ms.

another Rowlins, King,

female engaged

employee, in

Brooke

King. of

CBS! employee, harassment against

14 1& 16 17 Ie 19 20 21
'.2
23

several

sexual

some of which were observedby Corrales.
PARAGRAPH Ms. King complained of the SIX harassment by Mr. Rowlins to

sexual

CBSI's Human Resources

Dept., and reported

the incidents to Mr. Chase

Bright, whose title was ~diversity officeru. Ms. King told Mr. Bright that Corrales \w1asone of a nuniber of

employees

who probably had
against her.

witnessed

some of Mr. Rowlins' acts of sexual harassment
PARAGRAPH SEVEN

On April 4, 2001, Mr. Bright called Corrales

into his office and report, such but he

24 25

told her that he was investigating a sexual harassment

gave no

information

as

to

\w1ho had

accused

who

of

harassment,

26
27

although was in fact responding he
During

to Ms. King's PARAGRAPH EIGHT

complaint, supra.

213

Mr.

Bright's

investigation

interview with

Corrales

on

-2Case 2:02-cv-02157-SRB Document 78-6 Filed 07/17/2006 Page 3 of 7

FROM JP MORGAN CHASE

(MON)

4.26'04 11:491..11:47/NO. 4860881914 6 P

1

Apr'i 1 4, lunch

supra,

he first
employees

asked

about

conversations

at

a.n informal and Mr. asked

2
3
<4

of various

that included

Corrales, Ms. King Then Mr.

Rowlin5, Corrales

and Corrale~ about
all

answered

his questions.

Bright King

conversations

she

ever

had with Ms.

on the

s
6 7 8 9
10

subject of sex, at any time or place, and not limited to Mr. Rawlins. Because Corrales and Ms. King had gotten to be good friends, they had off the job and during various private one~on-one conversation::; breaks in

which they had
and attitudes.

described

their

personal

sex

lives,

preferences,

PARAGRAPH NINE

11 12 13
14

Corrales

was

shocked

and offended

when Mr. Bright

asked

her

if

she

ever discussed

sexual matters with Ms.
confidential,

considered such matters private and
Mr.

King because she and believed that
to answer,

Bright had no right to probe such subjectson behalf of CBSI or
She declined
bu t Mr
.

15
16 11 18
19 20

for his own personal curiosity.
Bright

told her that it was part of an official

CBSI

investigation, wa::; a CBSI

that

CBS! had

to

know such not

information, refuse

and because she

employee,

Corrales could she

to answer. and

PARAGRAPH TEN
Because

was afraid
Bright

of

being fired and very upset
and Ms. King that Corrales tell him, then

21 intimidated,
22

she admitted that she
insist'd

had discussed such
and

matters.

Then Mr.

23
14
25 2~

there, everything experiences

that Ms. King had ever told her about her sex life, and everything Ms. Corrales had ever told

and attitudes,

Ms. King about her own sex life, experiences,

and attitudes.

Corrales

was

stun:r:.ed

and

shocked that

and

initially

refused,

but

Mr.

Bright

27

forcefully told her

as a CBSI employee, ~he had to fully answer hew personal,
offensive,

28

all such questions no m~tter

or irrelevant.

-3Case 2:02-cv-02157-SRB Document 78-6 Filed 07/17/2006 Page 4 of 7

FROMJP MORGAN CHASE

(MaN) 4.26'

04 11:49/ ..11 :47/NO. 860881914P 7 4

1 2
3

Corrales continuing

felt "trapped
and

between a rock
pre::;sure

and a hard place"
from Mr.
Bright,

and under
Corrales

intimidating

reported to him in detail the many statements that she

and Ms. King

4 5 6
.,

had made to each
revealing
experiences

other

in

confidence explicit
of both

and privately

on the
the sex

subject,
lives,

to

Mr.

Bright

details

of

and atti tudes

women,

as they

had related such

infor.rnationto each other as friends.
PARAGRAPH ELEVEN

e
9

When the
e~tremely upset, felt violated

painful

interview

was finally over,
humiliated,

Corrales

was

10
11

shameful,

embarrassed,

angry,

worried,

and

abused,

and believed that she had betrayed the

12 13
14

confidences of her friend Ms. King. She wa5 extremely uncomfortable

at her job, knowing a male investigator
her employer marriage
coerced

was writing up a report
what infonnation she

for

about her own sex life, and she feared the impact on her she told her husband ha.d been

15 16 17
18

when
into

revealing.

PARAGRAPH TWELVE

After
complained

the

April

4,

2001

interrogation,

supra,
CBSI,

Corrales and was

19

about it to two of her supervisors but both responded

at

Traci Matt

20 Michelle
21 22
23
24 25

Ransom,

to Corrales

that Mr. Bright

conducting could be
Corrales

an "ongoing investigation" and that there was nothing that done about what Mr - Bright had done in his interrogation.
about Mr. Bright to the supervisor Shannon Warner, but was of told that Ms.

then tried to complain and Ms. Ransom,

both Ms. Mott
Warner was

too busy

to see Corrales. PARAGRAPH THIRTEEN

26

27

Although

traumatized

by

the April
CBSI on AprilS, -4-

4

interrogation 2001, and at

supra,
10: 30

28

Corrales :returned to work at

Case 2:02-cv-02157-SRB

Document 78-6

Filed 07/17/2006

Page 5 of 7

FROM JP MORGAN CHASE

(MaN)

4.26'0411:491..11:47/NO.4860881914 P 8

1

a.m.

t

her

supervisor

t

Traci

Mott, told her that she

was

ordered

to

2
3
4
.5

report

to Mr. Bright

for

further

interrogation.

Corrales

could

not

face such trauma and outrageous conduct again, and because Mr. Bright and CBSI had made working conditions intolerabJe, spot. PARAGRAPH FOURTEEN As she resigned on the

6 7

a result
those

of CBSI's actionst supra, Corrales suffered damages

8
9

including
friction,

described in paragraph
a friendship,

el even supra,

plus

marital

the loss of

the loss of a job and the loss of

10 11

income from that job, and a loss of self-esteem. PARAGRAPH FIFTEEN Corrales is also entitled to punitive damages from CBS! because
harassment

12
13

of

its poor policies on protection
reporting,

from sexual
training or

which
its
in

14 discouraged
1!>

its lack of
Co:r-rales

control over
conduct

sexual hQrassment coerci:ng and and private valid

investigator

Mr. Bright,

its outrageous

16 17
18 19

intimidating details

into revealing the most intimate
for no stress

of the sex lives of Ms. King and herself infliction of severe mental

reason, and the intentional

upon Corralest

and its prior history of similar violations.

See, for

20
21
22 23 24

examplest Storey
(D. Ar i z . 1997),

v.

Chase Bankcard services, Inc.,
Brooke

970 F.

Supp.

722
Inc.

and

King

v.

Chase

Bankcard

Services,

,

u.s.

Di~trict Court for Arizona case #CV 02 1843 PHX RGS.
PARAGRAPH SIXTEEN

This

claim

was initially

filed

by

Corrales

against CBS! on
case #CV 02 2157

25
26

October 28, 2002, in u.s. District Court for Arizona PBX SRB,

as Count III. In that action,
which states, in part:

the District

Court approved on

2., 28

January 20, 2004
#24) an order

(and the Clerk entered on January 21, 2004 as docket

Case 2:02-cv-02157-SRB

-5Document 78-6

Filed 07/17/2006

Page 6 of 7

FROMJP MORGAN CHASE
'.

(MON)

4860881914 9 P 4.26'04 11:50! .11 :47/NO.

1

"The

Court

2
3 4 5 6 i
13

and

Defendant

has received me.moranda from Plaintiff addressing the issues of supplemental

jurisdiction, the applicable statute of limitation and Plaintiff's rights under Arizona's savings A.R.S. § 12-504 (A). The parties agree that statute, may refile in state court if this court Plaintiff

dismisses
IT IS

Plaintiff' $

remaining

state

law

claim

without prejudice.
ORDERED

dismissing Count

III af Plaintiff's

complaint without prejudice."
VERIFICATION Pursuant

BY PLAINTIFF

9

to

A.R.S.

Rules

of

Civil

Procedure,

Rule 80(i), I the
foregoing

10 11
12 13 14

declare Complaint

and

verify under penalty

of

perjury that

is true and correct.
r 2004.'.;

Executed on Aprild.Q

15 16 17
19

Based against

upon

the

foregoing,

Plaintiff

Corrales

seeks judgment
Bank, N-A., for

19

the Defendant, relief:

CBSI,

d.b.a.

Chase Manhattan

20
21

the following

1. Compensatory
22
.23

damages

2. Punitive damages

3. Taxable

costs,

pursuant

to A.R.S.

12-341 and 12-332.

204 25
26
27 28

RESPECTFULLY SUBMITTEDthis

~

day of April, 2004.
.'" ! '.

!'\ ).~ .AA..~"'" , \\
". '"
~6':'"

Case 2:02-cv-02157-SRB

Document 78-6

Filed 07/17/2006

Page 7 of 7