1 CHRISTENSEN JAMES & MARTIN 2 EVAN L. JAMES, ESQ. (7760) DARYL E. MARTIN, ESQ. (6735) 3 7440 W. Sahara Avenue 4 Las Vegas, Nevada 89117 Telephone: (702) 255-1718 5 Facsimile: (702) 255-0871 6 Email: elj@cjmlv.com, dem@cjmlv.com Attorneys for Defendants Nevada Service Employees 7 Union, Luisa Blue, and Martin Manteca 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 JAVIER CABRERA, an individual; Case No.: 2:18-cv-00304-RFB-DJA 11 DEBORAH MILLER, an individual, CHERIE MANCINI, an individual; 12 NEVADA SERVICE EMPLOYEES UNION STAFF UNION (“NSEUSU”), AMENDED JOINT PRETRIAL 13 an unincorporated association, ORDER 14 Plaintiffs, 15 vs. 16 SERVICE EMPLOYEES 17 INTERNATIONAL UNION, a nonprofit cooperative corporation; LUISA BLUE, 18 in her official capacity as Trustee of 19 Local 1107; MARTIN MANTECA, in his official capacity as Deputy Trustee of 20 Local 1107; MARY K. HENRY, in her 21 official capacity as Union President; CLARK COUNTY PUBLIC 22 EMPLOYEES ASSOCIATION dba NEVADA SERVICE EMPLOYEES 23 UNION aka SEIU LOCAL 1107, a 24 nonprofit cooperative corporation; CAROL NIETERS, an individual; DOES 25 1-20; and ROE CORPORATIONS 1-20, 26 inclusive, 27 Defendants. 1 After pretrial proceedings in this case, 2 IT IS HEREBY ORDERED in accordance with Chamber Practices: 3 I. THE NAMES, LAW FIRMS, ADDRESSES, AND TELEPHONE AND 4 FAX NUMBERS OF TRIAL COUNSEL. 5 A. Plaintiff’s Counsel. 6 Michael J. Mcavoyamaya, Esq. 4539 Paseo Del Ray 7 Las Vegas, Nevada 89121 8 Telephone: (702) 299-5083 9 B. Defendant Clark County Public Employees Association dba Nevada 10 Service Employees Union dba Local 1107 (hereinafter “Local 1107”) 11 Counsel. Note, the caption misnames this defendant. The correct name of 12 the defendant is Nevada Service Employees Union.
13 Christensen James & Martin 14 Evan L. James, Esq. Daryl E. Martin, Esq. 15 7440 W Sahara Ave. 16 Las Vegas, NV 89117 Telephone: (702) 255-1718 17 Fax: (702) 255-0871 18 C. Defendant Service Employees International Union (hereinafter “SEIU”) 19 Counsel. 20 Rothner, Segall & Greenstone Glenn Rothner, Esq. 21 Eli Naduris-Weissman, Esq. 22 510 South Marengo Avenue Pasadena, California 91101-3115 23 Telephone: (626) 796-7555 24 Fax: (626) 577-0124 25 II. SUBJECT MATTER JURISDICTION. 26 A. Plaintiffs’ Statement. 27 1 On February 16, 2018, this action was removed to Federal Court pursuant to 2 the doctrine of complete preemption pursuant to 29 U.S.C. § 185, Section 301 of the 3 LMRA. Plaintiffs amended the complaint to add federal discrimination claims in 4 violation of the ADA. This Court has jurisdiction over the federal claims pursuant to 5 28 USC § 1331 and §1343, and supplemental jurisdiction over the state law claims 6 pursuant to 28 USC §1367. 7 B. Local 1107’s Statements. 8 i. Miller’s Claims. 9 a. Discrimination Claims (First and Tenth Claims for Relief). 10 Jurisdiction over First Claim for Relief exists pursuant to Article 11 III of the United States Constitution as the Americans with 12 Disabilities Act (“ADA”) is federal statute. Jurisdiction over the 13 Tenth Claim for Relief exists pursuant to 29 U.S.C. § 1367. 14 b. Retaliation Claims (Second and Eleventh Claims for 15 Relief). Jurisdiction over Second Claim for Relief exists pursuant 16 to Article III of the United States Constitution as the ADA is 17 federal statute. Jurisdiction over the Eleventh Claim for Relief 18 exists pursuant to 29 U.S.C. § 1367. 19 c. Hostile Work Environment Claim (Third Claim for Relief). 20 Jurisdiction over the Third Second Claim for Relief exists 21 pursuant to Article III of the United States Constitution as the 22 ADA is federal statute. 23 ii. Alter-Ego. Alter-ego is a legal doctrine and not a claim for relief. 24 Jurisdiction must attach in connection to a claim for relief. 25 C. SEIU’s Statements. 26 i. General Statement of Subject Matter Jurisdiction: SEIU concurs 27 with Local 1107’s statement regarding subject matter jurisdiction, 1 and does not contest that there is subject matter jurisdiction over 2 Plaintiffs’ claims under the Americans with Disabilities Act, 3 section 301 of the Labor Management Relations Act, 29 U.S.C. § 4 185 (“Section 301”), and supplemental jurisdiction, under 29 5 U.S.C. § 1367, over Plaintiffs’ claims under Nevada law, 6 specifically the Tenth and Eleventh claims asserting violations of 7 N.R.S. §§ 613.330(1) & 613.340(1). 8 III. STATEMENTS OF ISSUES REMAINING TO BE TRIED. 9 A. Plaintiffs’ Statements. 10 This is an action for employment discrimination under state law and the 11 Americans with Disabilities Act (“ADA”). Plaintiffs have also alleged alter-ego 12 liability against SEIU International. The remaining claims are as follows: 13 i. Plaintiff Miller’s Remaining Claims. 14 Claim One – Disability Discrimination in Violation of the ADA. See 42 15 U.S.C. § 12101 et seq; 29 C.F.R. § 1630.2 16 Claim Two – Retaliation in Violation of the ADA See 42 U.S.C. § 12101 17 et seq; 29 C.F.R. § 1630.2 18 Claim Three – Disability Harassment/Hostile Work Environment in 19 Violation of the ADA See 42 U.S.C. § 12101 et seq; 29 C.F.R. § 1630.2 20 Claim Ten – Disability Discrimination in Violation of NRS 613.330 21 Claim Eleven - Disability Discrimination in Violation of NRS 613.340 22 ii. Plaintiff’s Discrimination Claims. Local 1107 has conceded that 23 Miller’s diabetes constitutes a disability under the ADA, and as such 24 Plaintiff need not prove at trial that she is disabled under the act. Plaintiff 25 will show that she was qualified. Plaintiff will show that she was 26 discriminated against because of her diabetes disability and that she was 27 1 denied reasonable accommodations required by the ADA and Local 2 1107’s own policies. 3 iii. Plaintiff’s Retaliation Claims. Local 1107 has conceded that 4 Miller engaged in a protected activity. Plaintiff will establish that she (1) 5 suffered an adverse employment action and (2) that there was a causal 6 connection between the action and the protected activity. 7 iv. Miller’s Harassment/Hostile Work Environment Claim. Plaintiff 8 will seek to establish that she was (1) subject to unwelcome harassment, 9 (2) the harassment was based on her disability, (3) the harassment 10 affected a term, condition or privilege of employment; and (4) the 11 employer knew or should have known of the harassment and failed to 12 take prompt, remedial action. 13 v. Damages. The issue of compensatory and punitive damages and 14 mitigation of damages remains to be tried. Punitive damages are 15 available and appropriate for jury consideration for Miller’s First, Tenth 16 and Eleventh Claims for Relief. See NRS 613.432; see also 42 U.S.C.S. 17 § 1981a. 18 vi. Additional Matters. Plaintiffs have alleged alter-ego liability 19 seeking to hold SEIU International jointly and severally liable for all claims alleged herein. The factors Plaintiff will seek to prove are that 20 SEIU and Local 1107 had “1) inter-relation of operations; 2) common 21 vii. management; 3) centralized control of labor relations; and 4) 22 common ownership or financial control.”); see also Childs v. Local 18, 23 Int’l Bhd. of Elec. Workers, 719 F.2d 1379, 1382 (9th Cir. 1983); 24 Ritzer v. Gerovicap Pharm. Corp., 162 F.R.D. 642, 645 (D. Nev. 25 1995). 26
27 1 B. Local 1107’s Statements. 2 The following matters are at issue. 3 i. Miller’s Discrimination Claims. Local 1107 concedes that Miller’s 4 diabetes constitutes a disability. Miller must show that (1) she was 5 discriminated against because of her diabetes and (2) the alleged 6 discriminatory acts would not have occurred but-for the disability. 7 Local 1107 asserts Miller cannot do so; that she was not subject to 8 an adverse employment action; that she was granted reasonable 9 accommodations; that but for a requested and granted leave of 10 absence to address her diabetes, she refused to implement granted 11 accommodations; the accommodations she requested were not 12 reasonable nor available and / or would create an undue hardship, 13 and that she abandoned the interactive process prior to voluntarily 14 leaving her employment. Local 1107 asserts that since Miller 15 voluntarily left her employment she must establish being 16 constructively discharged as she has pleaded. Local 1107 further 17 asserts that Miller was not a qualified individual under the 18 discrimination statutes. 19 ii. Miller’s Retaliation Claims. Local 1107 concedes that Miller 20 engaged in a protected activity. She must therefore establish that she 21 (1) suffered an adverse employment action and (2) the adverse action 22 would not have occurred but for her claimed disability. Local 1107 23 asserts Miller cannot do so; that she was not subject to an adverse 24 employment action; that she was granted reasonable 25 accommodations; that but for a requested and granted leave of 26 absence to address her diabetes, she refused to implement granted 27 accommodations; and that she abandoned the interactive process 1 prior to voluntarily leaving her employment. Local 1107 asserts that 2 Since Miller voluntarily left her employment she must establish 3 being constructively discharged as she has pleaded. 4 iii. Miller’s Harassment/Hostile Work Environment Claim. Local 1107 5 asserts that the Ninth Circuit Court of Appeals has not recognized the 6 cause of action of hostile work environment under the ADA. As such, 7 this is not a cognizable claim. Assuming that such a claim was 8 recognized, Miller would need to prove that she was (1) subject to 9 unwelcome harassment, (2) the harassment would not have occurred 10 but for her disability, and (3) the conduct was sufficiently severe and 11 pervasive to alter the conditions of her employment and create an 12 abusive work environment. Local 1107 asserts that Miller cannot 13 meet the elements nor show that the alleged conduct was frequent 14 enough, severe enough, physically threatening or humiliating beyond 15 mere coincidence, or sufficient enough to interfere with her 16 employment so as to alter the terms and conditions of her 17 employment, especially given the accommodations provided to 18 Miller but which she refused to implement. 19 iv. Alter Ego. Local 1107 concurs with SEIU’s statements on the matter. 20 v. Damages. For Miller’s discrimination claim, the issue of 21 compensatory and punitive damages and mitigation of damages 22 remains to be tried. As to her punitive damages prayer for relief, the 23 issue of intentional discrimination through acts of malice or reckless 24 indifference will need to be specifically proven. Punitive damages 25 are available and appropriate for jury consideration for Miller’s First 26 and Tenth Claims for Relief. See NRS 613.432; see also 42 U.S.C.S. 27 § 1981a. 1 2 vi. Issues not to be tried. The Fourth, Fifth, Sixth, Seventh, Eighth, 3 Ninth, Twelfth, Thirteenth, Fourteenth, and Fifteenth Causes of 4 Action are not to be tried based on prior dispositive rulings of the 5 Court. 6 C. SEIU’s Statements. 7 Below SEIU briefly summarizes the claims and defenses that remain to be 8 tried. The list of remaining claims is based on the First Amended Complaint and the 9 Court’s prior dispositive orders, namely the Court’s orders related to Defendants’ 10 motions to dismiss under Rule 12(b)(6) [ECF Nos. 131, 133, & 152], the Court’s 11 order on all parties’ motions for summary judgment [ECF No. 224], and the Court’s 12 order on SEIU’s motion for reconsideration [ECF No. 255]. 13 i. As to All Claims: SEIU asserts that it may not be held liable for 14 Local 1107’s employment actions, as asserted by Plaintiffs, based on the 15 “alter-ego” or “single employer” claims under the Americans with 16 Disabilities Act or the claims asserted by Plaintiffs under Nevada law. 17 ii. Miller’s Discrimination Claim (First and Tenth Causes of 18 Action): SEIU concurs with Local 1107’s statement of the claims and 19 defenses at issue with respect to Miller’s disability discrimination 20 claims, alleged under the Americans with Disabilities Act, 42 U.S.C. § 21 12101 et seq, and Nevada Revised Statutes § 613.330(1). In addition, 22 SEIU raises the defense that it may not be held liable for Local 1107’s 23 employment conduct as alleged by Plaintiffs under those laws. 24 iii. Miller’s Retaliation Claims (Second and Eleventh Causes of 25 Action): SEIU concurs with Local 1107’s statement of the claims and 26 defenses at issue with respect to Miller’s retaliation claims, alleged 27 under the Americans with Disabilities Act, 42 U.S.C. § 12203(a), and 1 Nevada Revised Statutes § 613.340(1). In addition, SEIU raises the 2 defense that it may not be held liable for Local 1107’s employment 3 conduct as alleged by Plaintiffs under those laws. 4 iv. Miller’s Harassment/Hostile Work Environment Claim (Third 5 Cause of Action): SEIU concurs with Local 1107’s statement of the 6 claims and defenses at issue with respect to Miller’s harassment/hostile 7 environment claims, apparently alleged under the Americans with 8 Disabilities Act but without citation to any specific statute. See ECF 9 No. 27 (First Amended Complaint) at 15-16. Additionally, SEIU raises 10 the defense that it may not be held liable for Local 1107’s employment 11 conduct as alleged by Plaintiffs under the ADA. 12 v. Issues NOT to be Tried: SEIU hereby specifies that the Fourth, 13 Fifth, Sixth, Seventh, Eighth, Ninth, Twelfth, Thirteenth, Fourteenth, 14 and Fifteenth Causes of Action are not to be tried based on prior 15 dispositive rulings of the Court. 16 IV. Statement on trial days and jury vs. judge trial. 17 A. The parties estimate trial will take eight days. Plaintiffs asserted a jury 18 demand on all issues in their First Amended Complaint. Local 1107 asserts 19 that (1) a jury is not allowed on Miller’s retaliation claim because it is not 20 subject to jury consideration, See Alvarado v. Cajun Operating Co., 588 F.3d 21 1261, 1270 (9th Cir. 2009), and (2) a jury is not allowed to consider punitive 22 damages as it is the Court’s duty to craft federal labor policy. SEIU concurs 23 with Local 1107’s position regarding which claims may be tried to a jury. 24 Plaintiff asserts that a jury trial on Plaintiff’s First, Tenth, and Eleventh claims 25 for relief are permitted, including the Nevada retaliation claim. See NRS 26 613.432. Plaintiff contends that the Court’s duty to craft federal labor policy 27 does not preclude the jury’s consideration of appropriate punitive damages. 1 The parties propose trial for the week of April 18-22, 2022 and April 2 25-29, 2022. Defense counsel and parties are not available for trial in May or 3 June of 2022. 4 V. Consent to trial by magistrate judge. 5 The parties did not reach consensus on trial by a magistrate judge. 6 VI. Stipulations as to facts. The parties are unable to stipulate as to facts. 7 VII. Stipulations as to law. Diabetes is a recognized disability under the Americans 8 with Disabilities Act. 9 VIII. A list of all trial witnesses, indicating whether such witnesses will testify in 10 person or by deposition, and a brief summary of the substance of each 11 witness’s testimony. 12 A. Plaintiffs’ lists of witnesses. 13 i. Javier Cabrera is expected to testify about his termination 14 for engaging in union activity and overhearing Manteca tell 15 Local 1107 managers to find reasons to terminate Miller’s 16 employment. The 2015 NLRB case. 17 ii. Debbie Miller is expected to testify about all matters 18 relating to the allegations of the First Amended Complaint. 19 iii. Cherie Mancini is expected to testify regarding Local 20 1107’s prior grant of a Local 1107 employee reasonable 21 accommodations of transfer from organizers to the front 22 desk position and the qualifications for the front desk 23 position. The 2015 NLRB case. 24 iv. Mary K. Henry is expected to give testimony regarding her 25 involvement and directives to Local 1107 regarding 26 operations, staffing and other matters related to the issue of 27 alter-ego liability. 1 v. Kathy Eddie is expected to give testimony regarding SEIU 2 International’s involvement and directives to Local 1107 3 regarding operations, staffing and other matters related to 4 the issue of alter-ego liability. 5 vi. Neal Bisno is expected to give testimony regarding SEIU 6 International’s involvement and directives to Local 1107 7 regarding operations, staffing and other matters related to 8 the issue of alter-ego liability. 9 vii. Luisa Blue is expected to give testimony regarding all 10 matters pertaining to the allegations in the FAC. Ms. Blue 11 is also expected to give testimony regarding SEIU 12 International’s involvement and directives to Local 1107 13 regarding operations, staffing and other matters related to 14 the issue of alter-ego liability. 15 viii. Martin Manteca is expected to give testimony regarding all 16 matters pertaining to the allegations in the FAC. Ms. Blue 17 is also expected to give testimony regarding SEIU 18 International’s involvement and directives to Local 1107 19 regarding operations, staffing and other matters related to 20 the issue of alter-ego liability. Mr. Manteca will also testify 21 regarding past allegations of harassment of organizing 22 staff. 23 ix. Deedee Fitzpatrick is expected to give testimony regarding 24 SEIU International’s involvement and directives to Local 25 1107 regarding operations, staffing and other matters 26 related to the issue of alter-ego liability. 27 1 x. Barry Roberts is expected to give testimony regarding all 2 matters pertaining to the allegations in the FAC. Mr. 3 Roberts is also expected to give testimony regarding SEIU 4 International’s trusteeship program, scheme, or plan that is 5 implemented in every SEIU International trusteeship. Mr. 6 Roberts is expected to testify about directive he received to 7 target Plaintiff Miller for termination. 8 xi. Davere Godfrey is expected to give testimony regarding all 9 matters pertaining to the allegations in the FAC and 10 directives given to managers to target certain Local 1107 11 employees. 12 xii. Brian Shepherd is expected to give testimony regarding all 13 matters pertaining to the allegations in the FAC. Mr. 14 Shepherd is expected to give testimony regarding SEIU 15 International’s involvement and directives to Local 1107 16 regarding operations, staffing and other matters related to 17 the issue of alter-ego liability. Mr. Shepherd will give 18 testimony regarding his prior involvement with Local 1107 19 in 2015 and the termination of Plaintiff Cabrera in 2015. 20 xiii. Grace Vergara is expected to give testimony regarding all 21 matters pertaining to the allegations in the FAC. Ms. 22 Vergara is expected to give testimony regarding SEIU 23 International’s involvement and directives to Local 1107 24 regarding operations, staffing and other matters related to 25 the issue of alter-ego liability. Ms. Vergara will give 26 testimony regarding his prior involvement with Local 1107 27 in 2015 and the termination of Plaintiff Cabrera in 2015. 1 xiv. Lanita Troyano is expected to give testimony regarding all 2 matters pertaining to the allegations in the FAC. 3 xv. Rosy Salinas is expected to give testimony regarding all 4 matters pertaining to the allegations in the FAC. 5 xvi. Robert Clarke is expected to testify regarding Local 1107’s 6 prior grant of a Local 1107 employee reasonable 7 accommodations of transfer from organizers to the front 8 desk position. Mr. Clarke will also give testimony 9 regarding Local 1107’s breach of his employment contract. 10 xvii. Peter Nguyen is expected to testify regarding Local 1107’s 11 prior grant of a Local 1107 employee reasonable 12 accommodations of transfer from organizers to the front 13 desk position. Mr. Nguyen will also give testimony 14 regarding Local 1107’s breach of his employment contract. 15 xviii. Yvette Saenz is expected to give testimony regarding all 16 matters pertaining to the allegations in the FAC. 17 xix. Betsy M. Palal MD is Plaintiff Miller’s treating physician 18 and is expected to testify regarding her physical 19 impairment and its effect on her major life activities. 20 xx. Person Most Knowledgeable and/or Custodian of Records, 21 Betsy M. Palal MD will authenticate medical records. 22 xxi. Nick Liu, MD is Plaintiff Miller’s treating physician and is 23 expected to testify regarding her physical impairment and 24 its effect on her major life activities. 25 xxii. Person Most Knowledgeable and/or Custodian of Records, 26 Nick Liu, MD, will authenticate medical records. 27 1 xxiii. Raji Venkat is Plaintiff Miller’s treating physician and is 2 expected to testify regarding her physical impairment and 3 its effect on her major life activities. 4 xxiv. Person Most Knowledgeable and/or Custodian of Records, 5 Raji Venkat, MD, will authenticate medical records. 6 xxv. Remzi Jaos is a former SEIU Local 73 staff member 7 expected to testify regarding SEIU International’s 8 implementation of its trusteeship program, scheme or plan 9 that involves getting rid of local union staff. 10 xxvi. Kevin B. Kirkendall, MBA, CPA-CGMA, CFE, 1522 is 11 Plaintiff Miller’s damages expert and will give testimony 12 regarding her actual damages from lost wages, benefits etc. 13 xxvii. Brenda Marzan is expected to give testimony regarding 14 SEIU International’s involvement in Local 1107 operations 15 during the trusteeship. 16 xxviii. Glenn Rothner is expected to testify regarding his 17 involvement with drafting Local 1107’s constitution and 18 bylaws while serving as SEIU International’s attorney. 19 xxix. Steve Ury is expected to testify regarding his involvement 20 with drafting Local 1107’s constitution and bylaws while 21 serving as SEIU International’s attorney. 22 xxx. Custodian of records Local 1107. 23 xxxi. Custodian of records SEIU International. 24 xxxii. In addition to the witnesses listed, Local 1107 lists those 25 witnesses identified by other parties and reserves the right 26 to call such witnesses. 27 xxxiii. Plaintiffs object to Defendants’ expert witnesses. 1 xxxiv. Plaintiff objects to the use of any documents exchanged 2 between himself and counsel for Local 1107 as they are 3 documents exchanged for the purpose of settlement and not 4 admissible. 5 B. Local 1107 list of witnesses. 6 i. Michael J. Mcavoyamaya. 4539 Paseo Del Rey, Las Vegas, Nevada 7 89121. Mr. Mcavoyamaya is expected to authenticate documents 8 authored by him and confirm statements made by him. 9 ii. Debbie Miller. C/O Michael J. Mcavoyamaya, 4539 Paseo Del Rey, 10 Las Vegas, Nevada 89121. Ms. Miller will testify about the 11 allegations and associated matters asserted in the First Amended 12 Complaint. 13 iii. Martin Manteca. C/O Christensen James & Martin, 7440 W Sahara 14 Ave., Las Vegas, NV 89117. Mr. Manteca will testify about the 15 allegations and associated matters asserted in the First Amended 16 Complaint. 17 iv. Luisa Blue. C/O Christensen James & Martin, 7440 W Sahara Ave., 18 Las Vegas, NV 89117. Ms. Blue will testify about the allegations and 19 associated matters asserted in the First Amended Complaint. 20 v. Sean W. McDonald, Esq. 1375 55th Street Emeryville, CA 94608. 21 Mr. McDonald will to testify about his interactions with the 22 Plaintiffs’ counsel, his communications with the Plaintiffs’ counsel, 23 and any other appropriate matter relating to the issues associated with 24 the litigation. Note, listing Mr. McDonald as a witness is not intended 25 to constitute a waiver of the attorney-client privilege or the attorney 26 work product privilege. Numerous communications and interactions 27 between Mr. McDonald and Mr. Mcavoyamaya occurred relating to 1 the subject matter of the First Amended Complaint, and it is those 2 non-privileged communications, documents and interactions that 3 may be the subject of his testimony. 4 vi. LaNita Troyano. C/O Christensen James & Martin, 7440 W Sahara 5 Ave., Las Vegas, NV 89117. Ms. Toroyano is expected to testify 6 about matters relating to the allegations of the First Amended 7 Complaint. 8 vii. Brenda Marzan. C/O Christensen James & Martin, 7440 W Sahara 9 Ave., Las Vegas, NV 89117. Ms. Marzan is expected to testify about 10 matters relating to the allegations of the First Amended Complaint. 11 viii. Rosario (Rosie) Salinas. C/O Michael J. Mcavoyamaya, 4539 Paseo 12 Del Rey, Las Vegas, Nevada 89121. Ms. Salinas is expected to testify 13 about matters relating to the allegations of the First Amended 14 Complaint. 15 ix. Grace Vergara-Mactal. C/O Christensen James & Martin, 7440 W 16 Sahara Ave., Las Vegas, NV 89117. Ms. Vergara-Mactal is expected 17 to testify about the matters relating to the allegations of the First 18 Amended Complaint. 19 x. Brian Shepherd. C/O Christensen James & Martin, 7440 W Sahara 20 Ave., Las Vegas, NV 89117. Mr. Shepherd is expected to testify 21 about the matters relating to the allegations of the First Amended 22 Complaint. 23 xi. Edward L. Bennett. 5290 Overpass Road, Suite 118, Santa Barbara, 24 CA 93111. Mr. Bennet will testify about matters associated with his 25 expert report. 26 27 1 xii. Kirk Marangi. 30 N. Raymond Ave., Suite 411, Pasadena, CA 91103. 2 Mr. Marangi will testify about matters associated with his expert 3 report. 4 xiii. In addition to the witnesses listed, Local 1107 lists those witnesses 5 identified by other parties and reserves the right to call such 6 witnesses. 7 C. SEIU’s list of witnesses. 8 SEIU concurs with the list of witnesses provided by Local 1107 and 9 reserves the right to call any such witnesses as though SEIU’s own witness. In 10 addition, SEIU intends to call: 11 i. Deirdre Fitzpatrick. Rothner, Segall & Greenstone, 510 South 12 Marengo Avenue, Pasadena, California 91101-3115. Chief of Staff 13 of SEIU International. Ms. Fitzpatrick will testify about the 14 allegations and associated matters asserted in the First Amended 15 Complaint, and specifically regarding the relationship between SEIU 16 International and Local 1107 during the trusteeship over Local 1107, 17 in response to Plaintiffs’ claims that SEIU is liable for Local 1107’s 18 conduct because it is an alter ego of or single employer with Local 19 1107. 20 IX. Designation of deposition testimony. 21 All objections are preserved as to proffered deposition testimony. Otherwise, 22 each party hereby designates as follows: 23 A. Plaintiffs’ designations. Plaintiff intends to utilize depositions as 24 testimony if a witness gave deposition testimony and that witness is 25 justifiably unavailable for trial. Plaintiff reserves the right to identify 26 such depositions or portions of the depositions as may be necessary. 27 Plaintiff reserves the right to use depositions for all additional lawful 1 purposes. At present, Plaintiff designates the following as potential 2 deposition testimony1 3 i. Brian Shepherd 4 ii. Martin Manteca iii. Javier Cabrera 5 iv. Debbie Miller 6 v. Davere Godfrey 7 vi. Lanita Troyano 8 vii. Luisa Blue 9 viii. Grace Vergara 10 ix. Rosy Salinas 11 x. Brenda Marzan 12 xi. Mary Grillo 13 xii. DeeDee Fitzpatrick 14 xiii. Mary Kay Henry 15 xiv. Neal Bisno 16 xv. Local 1107’s 30b6 witness 17 xvi. SEIU’s 30b6 witnesses 18 B. Local 1107’s designations. Local 1107 intends to utilize depositions as 19 testimony if a witness gave deposition testimony and that witness is 20 justifiable unavailable for trial. Local 1107 reserves the right to identify 21 such depositions or portions of the depositions as may be necessary. 22 Local 1107 reserves the right to use depositions for all additional lawful 23 purposes. At present, Local 1107 designates the following as potential 24 deposition testimony: Staff Union 36(b)6 (Rosario Salinas), Javier 25 Cabrera, and Debbie Miller. Local 1107 joins in SEIU’s objection to 26
27 1 These depositions include those conducted in related cases that the parties stipulated were part of the record of this case. 1 depositions taken in earlier actions and further objects to Plaintiff’s 2 blanket misstatement that depositions from prior cases were stipulated 3 to be part of the record. 4 C. SEIU’s designations. Pursuant to Federal Rule of Civil Procedure 32, 5 SEIU designates the depositions of Plaintiffs Javier Cabrera, Debbie 6 Miller, and the deposition of NSEUSU’s designee under Rule 30(b)(6), 7 Rosario Salinas. SEIU reserves the right to use such testimony for any 8 and all purposes allowable by law, specifically against the adverse 9 parties (Plaintiffs) in this action, and without limitation as to which 10 portions of such depositions. 11 i. SEIU objects to use of depositions taken in earlier actions, 12 including specifically the following depositions listed by 13 Plaintiff: Brenda Marzan, Mary Grillo, DeeDee Fitzpatrick, 14 Mary Kay Henry, Neal Bisno, Local 1107’s 30b6 witness, 15 SEIU’s 30b6 witnesses. See Fed. R. Civ. Pro. 32(a)(8). 16 17 X. Exhibit lists. 18 The parties agree that even where a document is marked as admissible, 19 portions of the document may not be admissible. Local 1107 and SEIU have sought 20 to follow the Court’s chamber practices directive regarding the use of one star * and 21 two stars ** for authenticity and admissibility. However, that practice is difficult to 22 apply to the documents because certain portions of documents may be impermissible 23 for consideration. Objections to portions of documents are therefore preserved and 24 may be asserted at appropriate times. If not marked with a * or **, all objections are 25 retained. 26 27 1 A. Plaintiffs’ list. No. Description Bates Nos. 2 ** NSEUSU Collective Bargaining Agreement 2015- CMM7892- 3 2018 7928 * 28-CA-209109 NLRB Trial Transcripts CMM8017- 4 8602 28-CA-156789 NLRB Charge against Local 1107 CMM7773 5 28-CA-156789 NLRB sworn statement Susan Smith CMM7716- and exhibits 7740 6 CMM7741- 7772 7 NSEUSU Grievance 6/20/2017 CMM7948 8 NSEUSU Grievance 7/29/2017 CMM7950-51 NSEUSU Grievance 10/06/2017 CMM7952 9 ** NSEUSU Grievance 10/29/2017 CMM7954 NSEUSU Grievance 10/31/2017 Local – 0036 10 NSEUSU Grievance 11/28/2017 Local – 37 Local 1107 Personnel Policies 12/2017 CMM7707 11 Local 1107 Informal Meeting Notes Local 89-90 Debbie Miller Medical Records Dr. Raji Venkat CMM1729-98 12 Debbie Miller Medical Records Dr. Betsy Palal CMM1725-28 Miller Doctors Notes Dr. Nick Liu Local 82, 83, 85 13 Miller Doctors Notes Dr. Raji Venkat Local 84, 86 14 Local 1107 10/19/2017 Email/Letter to Miller Local 14-16 Local 1107 Email and Letter 10/26/2017 Local 27-30 15 TWR Campaign Documents CMM428-481 Local 1107 Notice of Termination to Cabrera CMM7886-91 16 8/11/2017 Local 1107 Resp. 2nd Disc. Req. 11/14/2019 17 Local 1107 Step 1 Letter to Miller 1/3/2018 CMM184-187 Local 1107 Step 2 Letter to Cabrera 1/29/2018 CMM161-165 18 Local 1107 12/01/2017 Policies CMM7708-15 Miller email to Manteca and Blue RE: Request for Local – 23-24 19 Reasonable Accommodations Local 1107 Letter 2/12/2018 CMM203-205 20 Local 1107 Letter 2/15/2018 CMM206 Local 1107 Letter 2/26/2018 Local 10037 21 Debbie Miller’s Medical Records from Palm CMM 1726- Medical Group, 1728 22 Debbie Miller’s Medical Record from Dignity CMM 1758 Health Group Nevada, dated September 19, 2017 23 Debbie Miller’s Medical Record from Dignity CMM 1746 Health Group Nevada, dated October 9, 2017 24 Debbie Miller’s Medical Record from Dignity CMM 1756 Health Group Nevada, dated October 31, 2017 25 Debbie Miller’s Medical Record from Dignity CMM 1737 Health Group Nevada, dated December 10, 2018 26 Local 1107 Letter 9/06/2019 Local 1107 Letter RE: Cabrera Termination CMM 151-155 27 10/30/2017 Grievance filed October 31, 2017, seeking to have Local 36 1 Javier Cabrera reinstated and made whole in every way 2 Local 1107 Responses to Interrogatories Local 1107 Responses to Requests for Admission 3 SEIU Responses to Interrogatories SEIU Responses to Requests for Admission 4 Letter from Martin Manteca to Susan Smith, dated CMM 156-159 December 21, 2017 5 Barry Robert’s Sworn Affidavit CMM1737-41 SEIU International Emails (Clarke case discovery) SEIU204-205 6 SEIU International Emails (Clarke case discovery) SEIU0075 SEIU/Local 1107 Salary Agreement Manteca SEIU-CAB674 7 Grievance filed on October 6, 2017 on behalf of CMM 176 John Archer. 8 Grievance, dated February 7, 2018 CMM 1669 SEIU Constitution SEIU2376-2446 9 Kirkendall Expert Report with exhibits 10 Blue email and memo RE: Cases against L1107 SEIU CAB686- 688 11 Blue Responses To Requests for Admission Blue Responses to Interrogatories 12 Manteca Responses to Requests for Admission Manteca Responses to Interrogatories 13 SEIU International Emails SEIU-CAB35- 43 14 Mary Kay Henry Email 6/16/2017 CMM471-478 Troyano Investigatory Meeting Notes CMM1587-88 15 Javier Emails RE: Out of the Office SEIUNV70-74 Local 1107 Settlment with Javier Cabrera 5/17/2016 SEIUNV296 16 Javier Cabrera Weekly Plans CMM7962-65 Godfrey Email SEIUNV176 17 Javier Debrief Sheets CMM7968-70 Local 1107 Personnel Policies 2015 SEIUNV498- 18 505 Vergara Emails SEIUNV75-81 19 Local 1107 March 1, 2019 Personnel Policies CMM7829-35 November 27, 2017 Personnel Policies CMM7836-43 20 Settlement agreement between L1107 and Cabrera CMM7946 2016 21 Map of L1107 Office Building CMM7955-56 Local 1107 Personnel Policies 2015 CMM8002-09 22 Local 1107 Member emails RE: C&B amendments CMM8603-24 Vergara email 2/6/2018 Email RE: Turf Plan CMM1672 23 Deadline Miller Income Tax Documents CMM1-43 24 Miller Davita Pay Stubs CMM44-121 25 Local 1107 12/21/2017 Letter CMM156-59 NSEUSU Grievance 7/26/2017 CMM172 26 NSEUSU Grievance 5/03/2017 CMM173 NSEUSU Grievance 9/25/2017 CMM176 27 NSEUSU Grievance 5/3/2018 CMM178 TWR Emails and Power Point CMM428-463 1 TWR Plan Email and Attachments CMM464-470 Manteca Email RE: TWR Materials CMM479-517 2 Barry Robert’s Sworn Affidavit CMM593-597 NLRB ALJ Decision CMM598-612 3 MKH Response to Requests for Admission MKH Responses to Requests for Interrogatories 4 Blue Email 5/27/2018 SEIU-CAB686- 88 5 SEIU International emails SEIU-CAB92- 127 6 Shepherd Emails to Eddy 9/28/2018 SEIU-CAB131 Eddy Email COF Agenda SEIU-CAB152- 7 156 Eddy Email 1107 Report SEIU-CAB157 8 Trustees report to MKH 10/5/2018 SEIU-CAB159- 166 9 Eddy Email 10/5/2018 SEIU-CAB169- 10 170 Eddy Email 8/27/2018 SEIU-CAB181 11 Shepherd Email 9/10/2018 SEIU-CAB235- 236 12 Shepherd email 9/10/2018 SEIU-CAB241- 245 13 Fitzpatrick Email 11/13/2018 SEIU-CAB250 Trustee Memo to MKH 10/5/2018 SEIU-CAB251- 14 258 Trustee Memo to MKH 11/11/2018 SEIU-CAB259 15 Bisno Email SEIU-CAB269 Bisno Emails SEIU-CAB271- 16 75 Bisno Email SEIU-CAB278- 17 79 Bisno Email SEIU-CAB280- 18 81 Eddy Email 12/06/2018 SEIU-CAB284- 19 85 Eddy Email 11/3/2018 SEIU-CAB290- 20 91 Eddy Email 10/25/2018 SEIU-CAB292 21 Eddy Email COF Comms plan SEIU-CAB295 Bates Email 11/10/2018 SEIU-CAB320 22 Bates Email SEIU-CAB334- 342 23 Shepherd Email 10/22/2018 SEIU-CAB398- 99 24 MKH Email 12/17/2018 SEIU-CAB416- 418 25 Ratification Plan 11/28/2018 SEIU-CAB470- 72 26 Bisno email 10/15/2018 SEIU-CAB489 MKH Email 10/1.2018 SEIU-CAB492- 27 93 COF Draft Agenda SEIU-CAB528- 1 29 Draft Agenda SEIU Intl Meeting 10/11/2018 SEIU-CAB617- 2 625 SEIU Planning Next Steps SEIU-CAB651- 3 63 Pension and Health Benefit Tables Local 6841-42 4 While many of the designations in the preceding table list documents with bates numbers produced 5 by Plaintiffs in this matter, Plaintiffs reserved the right to supplement these exhibits with 6 corresponding identical documents presumed to be authentic because they were produced in discovery 7 by Defendants.
8 Rebuttal documents. Plaintiffs places other parties on notice that other documents not listed as an 9 exhibit may be used as exhibits in rebuttal to testimony given or other evidence presented. 10 Plaintiffs reserve the right to raise additional objections should issues be 11 discovered in the future. 12 B. Local 1107’s list. Local 1107, despite reserved objections, also objects 13 to Plaintiffs’ exhibit list as identifying documents not produced during 14 the litigation and too indefinitely described. In addition, some of the 15 documents may contain information that should not be admitted due to 16 is content and the potential confusion of a jury. Local 1107 reserves the 17 right to object to portions of documents. 18 19 No. Description Bates Nos. 20 1001 Emergency Trusteeship Order 21 1002 Email from Debbie Miller to Martin Manteca, dated Local 603 22 September 28, 2017, at 3:35 p.m. 23 1003 Email from Martin Manteca to Debbie Miller, dated Local 603 24 September 28, 2017, at 6:04 p.m. 25 1004 Email from Debbie Miller with attachments, Dated Local 5-7 26 October 11, 2017, at 1:48:46 p.m. 27 1 1005 Raji Venkat, Dr. Note, dated October 9, 2017 Local 9 2 1006 Nick Liu, Dr. Note, dated October 11, 2017 Local 8 3 1007 Betsy Palal, Dr. Note, dated November 7, 2017 Local 63 4 1008 Meeting Notes, dated October 17, 2017 Local 681-682 5 1009 Email from Debbie Miller to Martin Manteca, dated Local 607 6 October 17, 2017, at 9:09 p.m. 7 1010 Email to Debbie Miller with attachment, dated October Local 14-16 8 19, 2017, at 11:29:50 a.m. 9 1011 Request for additional information letter dated October, Local 516-517 10 19, 2017 11 1012 Email from Debbie Miller with attachment, dated October Local 23 - 25 12 23, 2017 at 9:38 p.m. 13 1013 Accommodations letter dated 10/26/2017 Local 518-520 14 1014 Email from Debbie Miller to Martin Manteca, dated Local 845-847 15 October 28, 2017, at 8:10:31 16 1015 Email from Debbie Miller, dated October 31, 2017, at Local 109 17 5:15:30 p.m. 18 1016 Email from Martin Manteca, dated October 31, 2017, at Local 862-863 19 2:35 p.m. 20 1017 Email from Susan Smith with attachment, dated October Local 34-35 21 29, 2017, at 8:29:54 22 1018 Debbie Miller Grievance, dated October 29, 2017 Local 35 23 1019 Email chain between Martin Manteca and Susan Smith, Local 113-114 24 last email dated December 4, 2017, at 4:10:58 25 1020 Email chain between Martin Manteca and Debbie Miller, Local 116-117 26 last email dated December 4, 2017, at 5:33:46 p.m. 27 1 1021 Email chain between Luisa Blue and Susan Smith, last Local 118 -119 2 email dated December 7, 2017, at 7:45:19 a.m. 3 1022 Email from Debbie Miller, dated January 7, 2018, at Local 40-41 4 5:02:13. 5 1023 **Letter from Sean W. McDonald to Michael Local 121-122 6 Mcavoyamaya, dated December 21, 2017 7 1024 **Email from Michael Mcavoyamaya, dated December Local 123 8 22, 2018, at 5:02:40 p.m. 9 1025 **Letter from Sean W. McDonald to Michael Local 125 10 Mcavoyamaya, dated January 21, 2018, at 3:38:00 p.m. 11 1026 Letter from Luisa Blue to Michael Mcavoyamaya, dated Local 524-527 12 January 3, 2018. 13 1027 **Email from Michael Mcavoyamaya, dated January 7, Local 38 14 2018, at 2:52:39 15 1028 **Email from Sean W. McDonald to Michael Local 142-143 16 Mcavoyamaya, dated January 8, 2018, at 3:33:00 p.m. 17 1029 **Letter from Debbie Miller, dated February 19, 2018 Local 71 18 1030 **Organizer Job Description Local 219 19 1031 Charge of Discrimination filed with the EEOC Local 363 20 1032 Debbie Miller’s Medical Records from Palm Medical CMM 1726- 21 Group, 1728 22 1033 Debbie Miller’s Medical Record from Dignity Health CMM 1758 23 Group Nevada, dated September 19, 2017 24 1034 Debbie Miller’s Medical Record from Dignity Health CMM 1746 25 Group Nevada, dated October 9, 2017 26 1035 Debbie Miller’s Medical Record from Dignity Health CMM 1756 27 Group Nevada, dated October 31, 2017 1 1036 Debbie Miller’s Medical Record from Dignity Health CMM 1737 2 Group Nevada, dated December 10, 2018 3 1037 Notice of Termination for Javier Cabrera, dated October CMM 151-155 4 30, 2017 5 1038 Letter from Paul D. Cotsonis to Susan Smith with CMM 532-535 6 attachments, dated December 13, 2017 7 1039 Debrief Sheet, dated October 18, 2017 Local 395-396 8 1040 Debrief Sheet, dated October 24, 2017 Local 394 9 1041 Email from Javier Cabrera to Grace Vergara, dated Local 406 10 October 16, 2017, at 11:13 p.m. (Note, includes entire 11 email chain). 12 1042 Email from Grace Vergara to Javier Cabrera, dated Local 406 13 October 16, 2017, at 11:48 p.m. (Note, includes entire 14 email chain). 15 1043 **Email from Sean W. McDonald to Michael Local 314 16 Mcavoyamaya , dated January 2, 2018, at 3:38 p.m. 17 1044 **Email from Michael Mcavoyamaya to Sean W. Local 128- 129 18 McDonald, dated January 4, 28, at 9:05:51 p.m. 19 1045 Staff Union CBA, dated January 1, 2015 through Local 169 -203 20 December 31, 2018 21 1046 **Letter from Michael Mcavoyamaya to the National CMM 553-585 22 Labor Relations Bord, dated May 29, 2018 23 1047 Debbie Miller’s Responses to Interrogatories 24 1048 Staff Union’s Responses to Interrogatories 25 1049 Requests for Admissions sent to Debbie Miller, dated 26 August 22, 2019 27 1050 **Edward L. Bennett Expert Report with exhibits 1 1051 **Kirk Marangi Expert Report with tables and 2 attachments 3 1052 **Joint Petition for Divorce, filed July 18, 2014 Local 1275- 4 1288 5 1053 **Decree of Divorce, filed August 27, 2014 Local 1340- 6 1361 7 1054 Rebuttal documents. Local 1107 places other parties on 8 notice that other documents not listed as an exhibit may 9 be used as exhibits in rebuttal to testimony given or other 10 evidence presented. 11 1055 Local 1107 incorporates and may use or otherwise rely 12 upon exhibits identified and / or used by other parties. 13 C. SEIU’s list. 14 In addition to those exhibits listed below, SEIU hereby incorporates and may 15 rely for its case-in-chief on any exhibit named by Local 1107 or any other party, and 16 also reserves its right to call additional documents for rebuttal or impeachment 17 purposes. 18 No. Description Bates Nos. 19 1107 SEIU 2016 Constitution and Bylaws 20 21 1108 Trusteeship Order, dated April 28, 2017 22 1109 Report and Recommendations on Emergency Trusteeship 23
24 Dated March 3, 2022. 25 CHRISTENSEN JAMES & MARTIN ROTHNER, SEGALL & GREENSTONE 26 By: /s/ Evan L. James By: /s/ Eli Naduris-Weissman 27 Evan L. James, Esq. Eli Naduris-Weissman, Esq. Nevada Bar No. 7760 Pro Hac Vice 2 7440 W. Sahara Avenue 510 S. Marengo Ave. Las Vegas, NV 89117 Pasadena, California 91101-3115 3 Tel.: (702) 255-1718 Tel.: (626) 796-7555 A Fax: (702) 255-0871 enaduris-weissman @rsglabor.com elj @cjmlv.com Attorneys for SEIU and 5 Attorneys for Local 1107, Mary Kay Henry 6 Luisa Blue, and Martin Manteca 7 By:__/s/ Michael J. Mcavoyamaya Michael J. Mcavoyamaya, Esq. 8 Nevada Bar No. 14082 9 4539 Paseo Del Ray Las Vegas, NV 89121 10 Tel.: (702) 299-5083 mmcavoyamayalaw @ gmail.com Attorney for Plaintiffs 12 13 IT IS ORDERED that Calendar call is set for September 19, 2023 at 14} 10:00 AM in LV 7C; Jury Trial is set for October 2, 2023 at 8:30 am in LV Courtroom 7C. 15
17 RICHARD F. BOULWARE, II 18 United States District Judge 19 Dated: March 30, 2023 20 21 22 23 24 25 \ 26 27
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1 CERTIFICATE OF SERVICE 2 I am an employee of Christensen James & Martin and caused a true and correct copy of the 3 foregoing document to be served in the following manner on the date it was filed with the Court’s 4 ECF System. 5 ✓ ELECTRONIC SERVICE: Through the Court’s E-Filing System to the following: 6 __ VIA UNITED STATES MAIL: 7 Michael J. Mcavoyamaya, Esq. Email copy to: mcavoyamayalaw@gmail.com 8 4539 Paseo Del Ray 9 Las Vegas, NV 89121 10 Jonathan Cohen, Esq. Email copy to: jcohen@rsglabor.com 11 Eli Naduris-Weissman, Esq. Email copy to: enaduris-weissman@rsglabor.com Carlos Coye, Esq. Email copy to: ccoye@rsglabor.com 12 Rothner, Segall & Greenstone 510 South Marengo Avenue 13 Pasadena, California 91101-3115 14 15 16 CHRISTENSEN JAMES & MARTIN By: /s/ Evan L. James 17 Evan L. James 18 19 20 21 22 23 24 25 26 27