Free Response to Motion - District Court of Arizona - Arizona

Exhibit C

Case 2:02-cv-02157-SRB

Document 78-5

Filed 07/17/2006

Page 1 of 7

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II

Joyce A. Corrales

3318 West Sierra Vista Drive

2 IIPhoenix, AZ 85017'443 Phone: (602) 595-3475 3 II Fax: (602) 8'64-3389

Plaintiff Pro Per

4 5
6
711

UNITED STATES DISTRICT COURT DISTRICT
Joyce A. Corrales,

OF ARIZONA NO. CV 02-2157-PHX-SRB PLAINTIFFS INITIAL DISCLOSURES

8 9

Plaintiff, vs.

10

Chase Bankcard Services~ Inc., a Delaware corporation, o.b. a. 11 Chase Manhatfan Bank, N.A.
12 13 14 II

Defendant.

Plaintiff

Joyce A. Corrales
to Federal

(pro Per) provides to the Defendant
Rules of Civil Procedure,

her Initial
and the

15 IIDisclosures 16 17 18

pursuant

Rule 26(a)1

Scheduling

Order:

A. POTENTIAL

WITNESSES

1. Joyce A. Corrales, Plaintiff, to testify as to all matters set forth in her
Complaint, these Initial Disclosures,
12, 2004.

19 IIFirst Amended 20 II taken
21 22 23
II

and her prior

deposition

by the Defendant

on November

2.

Brooke King, 4101 West Krall St., Phoenix, AZ 85019-1220, former employee of Defendant, Complaint paragraphs

phone set

II

(623) 486-3227,

to testify as to all matters

IIforth in (1) First Amended and discovery

5, 6, 8, and 11-14, and (2) the Services, Inc., U.S.

24 IIpleadings
25
26 27
II

in King v. Chase Bank Card

District Court for Arizona case # CIV-02-1843-PHX-RGS, deposition taken on October 10, 2003. 3.

including

her

Chase Bright, employee of Defendant, to testify as to all matters set 6-15, (2) his deposition given

28 IIforth in (1) First Amended Complaint paragraphs

Case 2:02-cv-02157-SRB

Document 78-5

Filed 07/17/2006

Page 2 of 7

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1 2 3 4 5 6 7 8 9 10

in case of King v. Chase Bank Card, supra, (3) his training, education, and experience in investigating and preventing employment discrimination and sexual harassment, and (4) other claims against the Defendant of a similar

nature that he is aware of. 4. James Rowlins, current or former employee of Defendant, to testify as to all matters set forth in (1) First Amended Complaint paragraph investigation Brooke King. into the allegations of sexual harassment Traci Mott, employee of Defendant, Complaint paragraphs and practices re sexual harassment 5, and the

against him made by First and

5.
Amended policies

to testify regarding education, reporting

2-7 and 12-13, and about the Defendant's

11
12 13

investigating.

6. Michelle Ransom, employee of Defendant, to testify as to same matters as Traci Mott, witness 5 supra. 7. Derek Cheu, Defendant's employee, to testify as to the matters set forth in the Defendant's 8. Initial Disclosure Statement at page 2, lines 8-12, and

14 15 16
17 18

about other similar claims and charges against the Defendant. Custodian Records, United States Equal Employment Opportunity Commission, Suite 690, 3300 North Central Avenue, Phoenix, AZ 85012-2504, to provide and authenticate the EEOC file on Corrales' charge of discrimination against Defendant Chase BankCard Services, Inc. (" CBSI"), charge #350-Al1601. 9. CBSI Treasurer, CFO or Custodian of Records: to provide and

19 20
21 22 23 24 25 26 27 28

authenticate financial records and statements and SEC filings of CBSI to show its net worth and recent net income (relevant to punitive damages). 10.
IIII
-2-

Antonio Corrales, husband of the Plaintiff, to testify as to damages 10, 11 and 14.

witness - see First Amended Complaint paragraphs

Case 2:02-cv-02157-SRB

Document 78-5

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Page 3 of 7

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11. Shannon Warner, Defendant's supervisor, to testify as to the matters alleged in First Amended Complaint paragraphs
12.

2, 3, 5, and 13-15, and 17.

3 4
5 6

Terri L. Storey, current or former employee of Defendant, to testify

about prevalence and toleration of sexual harassment of women at Defendant's Tempe workplace, as alleged in her case reported as Storey v. Chase BankCard Services, Inc., 970 F. Supp. 722 (D. Ariz. 1997). 13. Martha G. Sanchez, former employee of Defendant, c/o Mark F. Brinton, Attorney at Law, Suite 100, 1745 South Alma School Road, Mesa, AZ 85210-3010, phone (480) 756-2256, to testify as to the same matters as Terri L. Storey, witness #12 supra, and her allegations in her own sexual harassment lawsuit against the Defendant, U.S. District Court for Arizona Case # CV 04 1269 PHX ROS. B. 1. 2. DOCUMENTS AND EXHIBITS

7 8
9 10

11 12
13 14

The EEOC file on Corrales' charge #350-AI-1601. The Court file, including deposition transcripts and the EEOC file,

15 II

16 IIin the case of Brooke King v. the Defendant, 17 II 3. The Court file, including

witness #2 supra. transcripts and the EEOC file,

deposition

18 IIin the case of Terri L. Storey v. the Defendant, 19 II 4. The Court file, including deposition

witness #12 supra. transcripts and the EEOC file,

20 IIin the case of Martha 21 II 5.

G. Sanchez, witness #13 supra. previously provided by the Defendant in the Maricopa case # CV

All documents

22 IICounty Superior 23 II2004-007776,

Court action between the Plaintiff (A) documents

and Defendant, DBSJC

including

Bates numbered

0001 through Motion for

24 II0225, and (B) the exhibits and transcripts 25 IISummary 26 II 6. Judgment

attached to the Defendants

and the (later) Reply. transcript of the deposition of the Plaintiff the exhibits attached taken by the thereto.

The reporter's on November

27 IIDefendant 28 IIII

12, 2004 including

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Case 2:02-cv-02157-SRB

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1 2 3 4
5 6 7

7.

All documents produced by witness #9 supra (relevant for amount of

punitive damages which may be awarded). C. PLAINTIFF'S DAMAGES CALCULATIONS 1. Lost Income Damages Plaintiff was earning an hourly wage of $11.54 when she was constructively discharged by CBSI on AprilS, 2001. That is $461.60 per week. She was unemployed thereafter, despite her diligent efforts to find a new job, until 15 weeks later when she found a new job. She was therefore unemployed for 15 weeks and lost income of 15 weeks
times $461.60 per week, for a total of $6,924.00. 2. Emotional Distress Damages

8 9
10 11

12 13 14 15
16 17 18 19 20 21 22 23 24 25

See First Amended Complaint paragraphs

9-11 and 13-14. Besides those

damages and her loss of job income, Corrales suffered high blood pressure,
headaches, depression, distress sleeplessness, embarrassment, and a loss of libido. She

seeks emotional

damages of at least $100,000.

3. Punitive Damages See First Amended Complaint paragraph 15. Corrales also seeks punitive damages, in an damages of at least two times the sum of her compensatory

amount to be determined by the trier of fact and based in part on CBS!' s net worth and recent income. Note: For Corrales two Title VII claims, her combined compensatory and punitive damages are capped at $300,000. 42 U.S.C. 1981a(B)3(B). However, that cap does not cover back payor front pay. 42 U.S.C. 1981a(B)2. Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843 (2001). If she prevails, she is also

entitled to her reasonable attorneys fees. 42 U. S.C. 2000e-5(K). 26 D. INSURANCE COVERAGE
27

Corrales has no knowledge as to what, if any, insurance the Defendant has which might cover her claim.
-4Case 2:02-cv-02157-SRB Document 78-5 Filed 07/17/2006 Page 5 of 7

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Signed this 2nd day of August, 2005.

3 4 5 6 Original of these Disclosures mailed this 2nd day of August, 2005, to:

7 II Ernest Calderon, Attorney at Law Faith C. Klepper Attorney at Law 8 II Calderon Law 0 flees 2020 N. Central Ave., Suite 1110 9 II Phoenix, A-Z 85004 10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
II

,

By:

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Case 2:02-cv-02157-SRB

Document 78-5

Filed 07/17/2006

Page 6 of 7

1 II Joyce

3318 West Sierra Vista Drive
AZ850171443 (602) 8'64-3389

A. Corrales

2 II Phoenix, 3 II Fax:

Phone: (602) 595-3475 Plaintiff Pro Per
4 5
6 711 Joyce A. 8 9 10 II Chase

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA NO. CV 02-2157-PHX-SRB NOTICE OF SERVICE OF INITIAL DISCLOSURES
Servicest Inc.,

Corrales,

Plaintiff,

vs.
Bankcard

a Delaware corporation, a.b.a. 11 IIChase Manhattan Bank, N.A.
12 13 14 II Plaintiff Defendant.

) Joyce A. Corrales to counsel (pro Per) gives notice that on August 2, 2005, infra, her Plaintiff's Initial

15 IIshe has mailed
16 II Disclosures.

for the Defendant,

17 18115.2. 19 20

This Notice is filed pursuant to U.S. District Court for Arizona LR Civ. RESPECTFULLY SUBMITTED this 2nd day of Aqgust, 2005.

21 2211 Copy of this Notice mailed this 2nd day of August, 2005, to: 23
2411 Ernest Calderon, Attorney at Law 25 II Calderon 26
II

Ct
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Faith C. Klepper,

Law Offices

Attorney

at Law

Phoenix,

2020 N. Central Ave., Suite 1110
AZ 85004

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27 II By: 28

Case 2:02-cv-02157-SRB

Document 78-5

Filed 07/17/2006

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