Brown v. King County

1 The Honorable Thomas S. Zilly

UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE CLAUDE BROWN, ) ) Case No. 2:16-cv-01340-TSZ Plaintiff, ) ) JOINT PRETRIAL ORDER 12 vs. ) STATEMENT ) KING COUNTY, ) TRIAL DATE: June 14, 2021 Defendant. ) ) 16 Pursuant to Local Rule 16(h), the parties submit the following Joint Pretrial Statement.

18 I. JURISDICTION 19 The parties agree that jurisdiction is vested in this court by virtue 28 U.S.C. § 1331 (federal question jurisdiction) and 28 U.S.C. § 1367 (supplemental jurisdiction over state law claims). Therefore, subject matter jurisdiction is proper under federal law.

II. CLAIMS AND DEFENSES Plaintiff Claude Brown will pursue the following claims at trial: 2 1. Defendant King County discriminated against plaintiff Claude Brown on the basis of his race when denying him promotion to Rail Supervisor in Training positions between 2011 in October 2012 and/or May 2014.

2. Defendant King County discriminated against plaintiff Claude Brown on the basis of his race when removing him from his special duty assignment to Acting Technical Trainer in July 2013.

3. Defendant King County retaliated against plaintiff Claude Brown because he complained about racial discrimination internally and with the King County Office of Civil Rights when denying him promotion to Rail Supervisor in Training positions between 2012 and 2014.

13 4. Defendant King County retaliated against plaintiff Claude Brown because he complained about racial discrimination internally and with the King County Office of Civil Rights when removing him from his special duty assignment to Acting Technical Trainer in 2013.

5. In discriminating against plaintiff, defendant violated the Washington Law Against Discrimination, R.C.W. 49.60 et. seq. and 42 U.S.C. § 1981.

6. In retaliating against plaintiff, defendant violated the Washington Law Against Discrimination, R.C.W. 49.60 et. seq. and 42 U.S.C. § 1981.1 Defendant objects to plaintiff’s vague and overly broad statement of the claims at issue in this case after its remand. As defendant will discuss further in its trial brief, and as this Court has already held, the statute of limitations cuts off claims from before July 25, 2012 under 42 U.S.C. § 1981 Defendant King County will pursue the following affirmative defenses at trial: 2 1. Plaintiff has failed to state a claim upon which relief may be granted.

3 2. Plaintiff’s claim is barred by the applicable statute of limitations.

3. Plaintiff has failed to mitigate his damages, if any exist.

4. Defendant’s employment practices are now, and have been during the period of time referred to in the complaint, conducted in all respects in accordance with local, state and federal laws, regulations and constitutions.

5. Defendant acted in good faith and on the reasonable belief that it was acting in accordance with the law.

III. ADMITTED FACTS 1. Plaintiff Claude Brown is African-American.

13 2. Plaintiff was hired by the King County Department of Transportation in November 1997 as a part-time employee.

15 3. King County operates the King County Department of Transportation, which supplies employees to operate Link Light Rail trains throughout the county.

4. In April of 2000, plaintiff became a full-time Transit Operator.

5. Plaintiff began working for the King County Department of Transportation Division Rail Section in February of 2009. and from before May 26, 2013 for claims under the Washington Law Against Discrimination, R.C.W. 49.60.

1 6. In October 2012, plaintiff applied for a Rail Supervisor in Training position with the job number 2012-02634. Plaintiff was not selected to test or interview for the position.

7. Three candidates were selected for the October 2012 RSIT position, they were John Kwesele, Santiago Maciel, and Jeff Wachtel.

8. On March 24, 2013, plaintiff filed complaint number 13-03-04 with the King County Office of Civil Rights (“KCOCR”) alleging racial discrimination by defendant.

9. Plaintiff’s March 24, 2013 KCOCR complaint constituted protected activity.

10. On May 15, 2013, King County posted a Job Bulletin for a Rail Technical Trainer position. No one applied for the position.

11. On June 21, 2013 Amanda Nightingale, Assistant Superintendent of Organizational Development and Training, sought letters of interest from current Rail Line Instructors interested in an acting detail to cover the duties of the Rail Technical Trainer position.

16 12. On Friday, June 28, 2013, Tom Jones notified Mr. Brown that he would be placed in the Acting Technical Trainer (“ATT”) detail beginning July 2, 2013.

13. Plaintiff began his Acting Technical Trainer detail on July 2, 2013.

14. On July 10, 2013, Amanda Nightingale notified plaintiff that his Acting Technical Trainer detail would end on Friday, July 12, 2012.

15. On Monday, July 15, 2013, Ms. Nightingale placed Kevin Gumke into the Acting Technical Trainer detail.

1 16. On April 18, 2014, plaintiff applied for an RSIT position with the job number 2014IMM03875.

3 17. On May 19, 2014, Ivette Martinez-Morales notified plaintiff that his application materials for job number 2014IMM03875 “were incomplete and/or did not include all required information.”

IV. ISSUES OF LAW Plaintiff proposes the following issues of law to be determined by the Court: 1. Whether evidence demonstrating a pattern of racial discrimination and retaliation by the testimony of other employees is admissible to show intent to discriminate by defendants.

2. Whether plaintiff is entitled to an award of costs and attorneys’ fees, and if so, what amount?

14 Defendant proposes the following issues of law to be determined by the Court: 1 1. Whether plaintiff may introduce evidence regarding positions he applied for and discipline he alleges he suffered from before the statute of limitations cut offs and, if so, whether plaintiff is entitled to a limiting instruction to prevent juror confusion over the true claims at issue in this lawsuit.

2. Whether plaintiff may introduce evidence of alleged retaliation and discrimination he either did not plead, or that was specifically not remanded by the appellate court.

3. Whether plaintiff may introduce evidence of protected activity, namely his January 2014 KCOCR complaint and April 11, 2016 amended KCOCR complaint, which he did not plead.

V. EXPERT WITNESSES Neither party disclosed experts pursuant to FRCP 26.

VI. OTHER WITNESSES2 The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: A. Plaintiff’s Lay Witnesses 2 Defendant objects to Plaintiff’s late addition of more previously undisclosed witnesses and requests that the witnesses be barred from testifying at trial. Plaintiff first provided his Pre-Trial statement to defendant on April 16, 2021 with 38 witnesses. On May 16, 2021 Plaintiff provided an updated version of the Pre-Trial statement with updated expected testimony for all witnesses. Plaintiff withdrew four witnesses (Michael Avery, deceased; Tom Jones, deceased; Vendetta Brown, undisclosed; Alicia Brown, undisclosed) and belatedly added an additional six new witnesses (Maria Stafford, Robert Fisher, Virginia Frazier, Balwinder Singh, Steve Chichester, Neal Safrin). Plaintiff failed to list four of these individuals as a witness or previously disclose them in discovery (Stafford, Fisher, Frazier, and Singh).

23 Plaintiff failed to list Mr. Safrin as a witness and his disclosure of him as someone who might have facts related to Plaintiff’s complaint was insufficient notice that he would call him as a witness at trial.

Claude Brown Plaintiff will testify about his work history || | King County Rail Operator and experience and the racial discrimination c/o Civil Rights Justice Center, PLLC and retaliation he experienced and witnessed | 2150 North 107" St. Ste. 520 at the hands of defendant. He will testify Seattle, WA 98133 about the emotional harm and mental (206)557-7719 anguish he has suffered as a result of 5 defendant’s actions.

Will Call || | Frank King Mr. King is a retired employee of King King County Rail Operator County. He will testify about his experiences || | PO Box 78519 of racism and retaliation at King County Rail Seattle, WA 98178 and about instances of racial discrimination || | (206) 228-1462 against plaintiff and other people of color that he witnessed. He will further testify about his | Will Call experiences of filing complaints of racial discrimination and of retaliation and 10 ; management’s reaction to them.

11 || | Breceteaing Mr—Laingis—a_tetired_emptoyee—of King 206}949-7869 County He-maytest the-diserunimation ae Will Cal i f © laaeea □ 13 less-experience-and+elevantwerkhistery He 14 ¥ ay: i DC ye □ 15 sromotions and racial remarks he heard.

Karen Rispoli Ms. Rispoli may testify about the racial 161) | 4045 Delridge Way, SW #300 discrimination plaintiff faced □□ the Seattle, WA 98106 workplace, including being passed over for 206-301-2288 promotion in favor of candidates with less 18 experience and relevant work history. She Will Call may testify about the formal and informal 19 practices within King County Department of Transportation (KCDOT) regarding 20 promotions and in_- general how it discriminates. She will also testify about the 21 racial slurs she witnessed and management’s reaction to them.

221) | Chris McClure Mr. McClure may testify to being the subject 73 253-314-1926 of racially-motivated ‘pranks’ while at King County Department of Transportation and can JOINT PRETRIAL ORDER STATEMENT - 7 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Name Expected Testimony Will Call testify to being informed by the Rail 2 Superintendent that plaintiff’s RSIT application was deliberately rejected. He may 3 testify about the formal and informal practices within King County Department of Transportation (KCDOT) regarding promotions.

Daryoush Hakki Mr. Hakki may testify to assisting plaintiff in King County Supervisor his complaints of discrimination by accompanying plaintiff to KCOCR meetings.

7 Will Call He may testify to his conversations with plaintiff about the discrimination he was 8 facing.

Kavin James Mr. James may testify to discrimination King County Employee plaintiff suffered in the workplace as well as his own experiences filing a grievance against Will Call King County through KCOCR and KCDOT’s response to his grievance. He may testify regarding the RSIT recruitment process and 12 his complaints to management through his union regarding that process. He may testify 13 to his own experiences of racial discrimination including instances of being 14 rejected for promotion in favor of less- qualified white candidates. He way also 15 testify about how the criteria for the RSIT position kept changed making it difficult to 16 qualify.

Bigyon Pratap Mr. Pratap will testify to being a supervisor in King County Employee training who was suddenly released from his 18 position when plaintiff’s KCOCR complaint Will Call was sent to management in its entirety. He 19 may testify regarding the RSIT recruitment process and formal and informal practices 20 regarding promotions within KCDOT. He will also testify about how he was promised 21 the next available RSIT position.

John Kwesele Mr. Kwesele will testify to his own Former King County Employee experiences of racial discrimination while at (206) 940-5062 King County Department of Transportation [email protected] Rail, his experience of complaining about discrimination to management, and | Will Call KCDOT’s response to his complaints. He has personal knowledge of what plaintiff did and 3 was asked to do during the short time he was 4 an Acting Technical Trainer.

Shereese Braun Ms. Braun personally knows plaintiff and || | 206-499-7833 may testify as to his damages.

35400 18 Ave SW || | Federal Way, WA 98023 || | Will Call Maria Stafford Ms. Brown personally knows plaintiff and || | (206) 947-7809 may testify as to his damages 7560 120" St. || | Seattle, WA 98178 10) | will Call || | Virginia Frazier Ms. Brown personally knows plaintiff and (253) 255-0540 may testify as to his damages.

12 || | 32607 46" Ct. SW Tacoma WA 98405 Will Call || | Jefferson Eussell Mr. Eussell is a coworker of plaintiff’s and 206-854-3715 may testify about the disparate treatment Rail I5 employees receive from Will Call supervisors/management based on his race.

16 . .

He may testify to general practices and 17 procedures within KCDOT, including interactions between supervisors and the staff 18 they manage.

19 || | 296}554-3220 Raitand cantestifte-plaintiffs abtities-and B12 ecko □□□ KCDOF | Wilt Galt Dlecreage will taped a Ma ok 12a OnE=r OF Plaintt aad □□□ || | *fornation whem andif possible employees —_feeetve——__ □□□□ eee vo aN : JOINE PRETRIAL ORDER STATEMENT - 9 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Expected Testimon WHat bdibrahi Ma Ibrahim J faced intmidati fu SBE 4 g . □□ .

206)832-7593 racial discrumination He can testifytoformalt 5 and —informal —practices—and— procedures SrenAS 6 □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ 7 jyob—deseripties—et——__and_—Fieeessary 8 . . . .

Ser T 1 . a om □ KCDOE he_| its □□□ ned 10 Arh oh ha amine neruca wu —— ree y — : — 11 ) rene Heeey Sti P Plaintiff —vwill sa) fy-t0-his abil Laualifj L Lif bl 13 Walt Call Sandra Ded Ms. Dodeo is fami ahd 14 . . . . . . . safe ir □ ‘Al Rail SI if Will Cal . er PRRe □ 16 i . | thei ce 17 >pPpe "SK KEDOE || | Erin Clarke Ms. Clarke is a former Rail supervisor and a Retired Rail Supervisor person of color; she can speak to the || | 206-841-4700 environment of racial discrimination at King [email protected] County Metro, to the recruitment process for 20 rail supervisors, to the job description of and Will Call necessary qualifications for being a rail 21 supervisor, and to general practices within 9 KCDOT _ regarding promotions and interactions with supervisors. She can also 3 testify to career advancement within KCDOT JOINT PRETRIAL ORDER STATEMENT - 10 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107® Street, Suite 520 Seattle, Washington 98133 2 a supervisor.

Kevin Goodman Mr. Goodman may testify about benefitting King County Rail Operator from less discipline in the workplace because 206-353-4327 of his race, and about conversations with rail manager Michael Avery about discrimination || | Will Call based on race. He may further testify to formal and informal practices and procedures 6 within KCDOT regarding promotions and interactions with supervisors.

7|| | John Dipbl “Dj — ort 8 Rmecounty-ses HSE □ 10 i 1; pA 1G . □□ M1 — — Balwinder Singh Mr. Singh is a former coworker of plaintiff's || | Former King County employee and may testify to the discrimination he has (206) 245-3199 faced as a person of color working for || | [email protected] KCDOT. He may testify to the environment [email protected] of racism within the department, to 14 interactions between supervisors and Will Call operators, and to formal and _ informal 15 practices and procedures within KCDOT.

16 Robert Fisher Mr. Fisher 1s a life-long friend of plaintiffs 13707 SE 275" PI. that may testify to the impact of defendant’s 17 Kent, WA 98042 actions on plaintiff's mental health, emotional (206) 290-1560 well-being, and social relationships.

Will Call || | Steve Chichester Mr. Chichester is a Union Shop Steward with Shop Steward (Amalgamated Transit the Amalgamated Transit Union (ATU), to |) | Union) which plaintiff belongs. He may testify to Will supplement with contact information grievance hearings he attended with plaintiff, |! | when possible to plaintiffs complaints of □ racial discrimination, the RSIT recruitment process | will Call and his removal from his ATT assignment. He 23 may also testify regarding other complaints of racial discrimination ATU has been involved JOINE PRETRIAL ORDER STATEMENT - 11 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 in with or on behalf of its members, and to 2 interactions between plaintiff and other transit operators and supervisory staff.

3 He will also testify as to the various position plaintiff applied for and what the current 4 . salaries are for those positions as well as other 5 positions in management.

Neal Safa ; ‘ . . y* ¥ □□ “Suite 23¢ E 7] | Seattle WA9812 5 4 □ . . et EF g ) 5 . pe soe al diserionimation. HL le □□ lcctentwat hat avolved wit 10 behalf of 1] pate 4 || | Kevin Gumke Mr. Gumke may testify about the Acting King County Employee Technical Trainer position he was appointed 13 to on July 10, 2013, the benefits of that and Will Call other special duty assignments to his career 14 with KCDOT, and career advancement within KCDOT including practices and procedures 15 regarding promotion. He may also testify as to his interactions with Amanda Nightingale 16 and Tom Jones before, during and after his 7 ATT assignment.

Terry Rhoads Mr. Rhoads may testify about the Acting || | Rail Chief of King County Metro Technical Trainer position plaintiff was King County Prosecuting Attorney removed from on July 10, 2013. He may also || | 500 Fourth Avenue, Ste 900 testify about the RSIT recruitment process, Seattle, WA 98104 which in 2012 he directly participated in as a || | 206-296-8820 “subject matter expert.”. He may further testify to career advancement opportunities 21}! | Will Call within KCDOT, practices and policies around promotions, and _ interactions between 22 supervisory staff and transit operators.

SS [earns King County Human Resources RSIT selection processes that took place in JOINE PRETRIAL ORDER STATEMENT - 12 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Name Expected Testimony 2013 and spring 2014. She may testify about Will Call why plaintiff’s application in 2014 was deemed incomplete. She may also testify 3 about her involvement in plaintiff’s KCOCR complaints as well as her knowledge of plaintiff and the 2013 Acting Technical Trainer position.

Silvette Lee Ms. Lee may testify about the RSIT selection Human Resources Analyst processes between 2011 and 2014. She may also testify about the RSIT application Will Call filtering process, which she was in charge of during October 2012.

8 Hollie Alejandria Ms. Alejandria may testify about plaintiff’s King County Operations complaints of racial discrimination and Administrative Specialist retaliation and to KCDOT’s response to plaintiff’s complaints, including to the Will Call grievance hearings she was present for. She may testify to plaintiff’s assignment to the Acting Temporary Trainer position, to the 12 general relationship between supervisors and operators, to standard administrative practices 13 at KCDOT, and to environment at KCDOT with regard to racism and complaints of 14 discrimination.

Jim Meith Mr. Meith may testify about complaints of King County Human Resources discrimination and retaliation made by plaintiff, about King County’s responses to Will Call these complaints, and about the role of human resources personnel including Ivette Martinez-Morales in formally responding to 18 plaintiff’s KCOCR complaints.

David Vestal Mr. Vestal may testify about plaintiff’s King County Rail Operations Chief complaints of racial discrimination and retaliation. He may also testify about the 2014 Will Call RSIT recruitment process, during which plaintiff’s application was deemed 21 incomplete. He may testify to the general environment at KCDOT with regard to race, 22 to interactions between supervisory staff and operators, and to career advancement within KCDOT.

Amanda Nightingale Ms. Nightingale may testify about the Acting || | King County Rail Operations Chief Technical Trainer position plaintiff was removed from in July 2013. She may also | Will Call testify about the RSIT selection process, 4 including the October 2012 selection process in which she participated as “subject matter 5 expert” and her role in scoring RSIT applications. She may testify to her 6 interactions with plaintiff and other operators, including Kevin Gumke, her decision to 7 replace plaintiff with Kevin Gumke for the purposes of his ATT assignment, and to 8 career advancement within KCDOT and the benefits to holding a supervisory position.

9 || | Rachel Price Ms. Price may testify about the disparity in King County Streetcar Supervisor treatment, including regarding discipline and 10 promotion, that King County employees Will Call experience based on race. She may testify to general career advancement and promotional 12 practices within KCDOT, the requirements of a supervisory position, and the benefits to 13 becoming a supervisor.

Jeff Wachtel Mr. Wachtel can speak to special assignments || | Operations Chief LCC and promotions within Rail and supervisory Light Rail—King County Metro practices. He may further testify to career || | jeff,[email protected] advancement opportunities within KCDOT, (206) 852-3023 practices and policies around promotions, and 16 interactions between supervisory staff and Will Call transit operators.

18 || | Keng County Ratt Operations Chief process —within —King County Metro; □□□ €/O-CountyPresecuters Office supervisery_practices-_and _cultureand racial || | Seripttlaw-GroupPLEC □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Ste we hy || | Seatthe 98104 KCDOFT—and—_the—benefits—of _heldins—a 206-676-7006 . tion.

Wate-Calt 22 Keith Sherry Mr—Sherry—maytestifyabout management a|lscetemmie i ana eee u Sa rareerme JOINE PRETRIAL ORDER STATEMENT - 14 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Name Expected Testimony C/O County Prosecutor’s Office promotions and the culture of racial Summit Law Group PLLC discrimination 5th Ave S. Ste. 1000 Seattle WA 98104 206-676-7000 Will Call Brian Matthews Mr. Matthews is a coworker of plaintiff at Sound Transit Employee King County Rail who is familiar with his South Jackson Street work abilities and qualifications. Mr. Seattle, WA 98104 Mathews is also familiar with the RSIT (206) 398-5000 recruitment process from his own application 8 to that position. He may testify regarding the Will Call RSIT recruitment process, the requirements 9 of the RSIT position, and the benefits associated with being promoted to RSIT or a supervisory position.

Daniel Matthews Mr. Matthews is a coworker of plaintiff at Supervisor at King County Rail King County Rail who is familiar with his 12 work abilities and qualifications. He is further Will Call familiar with the recruitment process for 13 supervisory positions and may testify to formal and informal practices and procedures 14 within KCDOT regarding promotions, as well as interactions between operators and 15 supervisors. He may testify to career advancement within KCDOT and the benefits 16 of attaining a supervisory position.

18 Plaintiff reserves the right to call any witness listed by defendant and any necessary rebuttal witnesses.

20 B. Defendant’s Lay Witnesses Witness Nature of Testimony Status Terry Rhoads He will be called to testify about his knowledge Will call Transit Chief – Rail of facts and actions related to plaintiff’s Operations complaints, division practices and policies.

1 Witness Nature of Testimony Status c/o undersigned counsel David Vestal He will be called to testify as to his knowledge of Will call Rail Operations Chief the facts and actions related to plaintiff’s c/o undersigned counsel complaints, division practices and policies.

Amanda Nightingale She will be called to testify about her knowledge Will call Transit Section of facts and actions related to plaintiffs’ Manager complaints, division practices and policies.

6 c/o undersigned counsel Ivette Martinez- She will be called to testify about her knowledge Will call Morales of facts and actions related to plaintiff’s Employee and Labor complaints, division practices and policies.

8 Relations Representative c/o undersigned counsel Silvette Lee She will be called to testify about her knowledge Will call Employee and Labor of facts and actions related to plaintiff’s Relations complaints, division practices and policies.

Representative c/o undersigned counsel Hollie Alejandra She will be called to testify about her knowledge Will call Transit Chief - Rail of facts and actions related to plaintiff’s Operations complaints, division practices and policies.

14 c/o undersigned counsel Kelli Williams She will be called to testify about her knowledge Will call (in place of John of the King County Office of Civil Rights and MacDonald, deceased) Open Government (“KCOCR”) procedures and Former Director King practices. Ms. Williams issued both the County Office of Civil KCOCR’s 2014 Notice of No Reasonable Cause Rights and Open Finding and the 2015 Notice of Reasonable Government Cause Findings. c/o undersigned counsel Claude Brown Claude Brown is the plaintiff in this matter and Will call Plaintiff may be called to testify as to his knowledge of the c/o plaintiff’s counsel facts and circumstances leading up to and surrounding the incidents referred to in his 21 complaint and the liability and damages in this case.

Adrienne Leslie Adrienne Leslie is the Transit Human Resources May Call Department Director - Manager with the King County Metro Transit DHR Department. She may be called to testify about Witness Nature of Testimony Status c/o undersigned counsel her knowledge of facts and actions related to plaintiff’s complaints, division practices and 3 policies, and pertinent rules, regulations and laws.

Jamie Stoops Jamie Stoops is an Employee & Labor Relations May Call Employee and Labor Representative with the King County Metro Relations Transit Department. She may be called to testify Representative regarding the policies and procedures the c/o undersigned Department uses, her knowledge of the facts and Counsel circumstances leading up to and surrounding the incidents referred to in plaintiff’s complaint, and 8 the liability and damages in this case.

Kevin Gumke He may be called to testify about his knowledge May Call Transit Supt. – Rail of allegations raised in this case.

Training c/o undersigned counsel James Moreau James Moreau was an Employee and Labor May Call c/o undersigned Relations Representative with the King County counsel Metro Transit Department. He may be called to 13 testify regarding the policies and procedures the Department uses, and his knowledge of the facts 14 and circumstances leading up to and surrounding the incidents referred to in 15 plaintiff’s complaint.

King County reserves the right to call any witness listed by plaintiff and any necessary rebuttal witnesses.

VII. EXHIBITS Plaintiff reserves the right to offer any exhibits listed by the defendants if it becomes necessary during the course of the trial.

A. Plaintiff Brown’s Exhibits: 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed (igecume [TTP Operator View Video 6 3 | 11/29/2010 Letter from | KC-CB- King to Avery with 006763 — 7 exhibits (7 pages) KC-CB- 006769 8 4 | 2/11/2011 Letter from KC-CB- King to Avery (2 pages) | 006806 — ? KC-C- 10 006807 | 12/22/11 Letter of KC-CB- 1 Protest for SiT Test 012483 Scheduling to O’Rouke, 12 Avery and Human Resources signed by 13 Brown (1 page 2/13/2012 Rail KC-CB- 14 Supervisor Job Posting | 002670 (2 pages) KC-CB- 002671 16 7 | 2/13/12 Rail Supervisor | KC-CB- xX Job Posting (4 pages) 006900 — 17 KC-CB- 006903 18 4/16-4/24/12 Email CB00706 chain between Brown, | — 19 O’Rouke, and Sepolen | CB00708 re: complaint over SIT 20 exam (3 pages Brown RSIT Application| KC-CB- xX 21 Spring 2012 (6 pages) | 002473 — KC-CB- 002478 JOINE PRETRIAL ORDER STATEMENT - 18 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed 4 10 | Kevin Gumke RSIT KC-CB- Application Spring 2012 | 004333 — 5 (5 pages) KC-CB- 004337 6 11 | 6/27/12 Emails between | KC-CB- Xx Rhoads and Soucek 007015 — 7 regarding test and KC-CB- interview scores for 007017 8 RSIT candidates (3 pages ? 12 | 8/23/12 August 2012 KC-CB- x 10 RSIT Job Requisition 002668 — Form completed by KC-CB- 1 Martinez (2 pages 002669 | 4/19/12 Rail Supervisor | KC-CB- 12 Second Job Posting 002672 — April-May 2012 KC-CB- 13 002674 14} 10/12/12 Rail Supervisor] KC-CB- 14 Job Posting October 002675 — 2012 (7 pages) KC-CB- 15 002681 16 15 | October 2012 RSIT KC-CB- x Posting (7 pages) 002979 — 17 KC-CB- 002985 leseaeee, [oe October 2012 RSIT 003101 19 Applications (1 page | Fall 2012 Brown RSIT KC-CB- xX 20 Application 002479 — KC-CB- 71 002485 [Uisseeer Score Results for RSIT 003102 3 Applications (1 page JOINE PRETRIAL ORDER STATEMENE - 19 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed 4 19 | Log of Actions re KC-CB- x Brown’s October 2012 002704 — 5 RSIT Application (3 KC-CB- pages) 002706 | Peeters ee re RSIT Position Denial | 002612 7 21) 11/16-12/21/12 Kavin KC-CB- James 2012 union 003076 — 8 grievance file for KC-CB- grievance over RSIT 003082 9 hiring process (7 pages Peewee | mem Nightingale re RSIT 006233 11 Phone Interview Results | 1/10/13 Summary of KC-CB- 12 Grievance Hearing re 000130 — Brown’s 12/24/12 KC-CB- 13 Grievance (3 pages 000132 | 3/7/13 Email between KC-CB- x 14 Rhoads, Nightingale, 002499 — Jones, Lee re: filtering KC-CB- I5 applied to RSIT 002501 16 applications, with attachment (3 pages 17 25 | 3/7/13 Summary of KC-CB- Second Step Grievance | 000139 — 18 Hearing re 12/24/12 KC-CB-- Grievance (3 pages 000141 19 26 | 3/22/13 Email from KC-CB- xX Leslie to Martinez- 020793 — 20 Morales re Brown KC-CB- assigning her to work on| 020794 21 response to Brown KCOCR Complaint (2 pages »| Fzecmeie, Se, = between Meith, Jones, 020817 JOINE PRETRIAL ORDER STATEMENE - 20 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed 4 Avery, Martinez-Martin re: meeting about 5 Brown’s OCR complaint page 6 28 | 5/4/13 Brown Email to KC-CB- Xx Pratap, James re 003296 7 potential retaliation based on complaints of 8 discrimination (1 page | 5/28/13 Email from KC-CB- XxX 9 Meith to Jones, 020833 10 Martinez-Morales with amended Brown 11 KCOCR complaint (1 page 12 30 | 6/12/13 Email from KC-CB- Martinez-Morales to 020844 13 Meith with lists of recruitments Brown 14 applied for (1 page | 6/21/13 Email from KC-CB- x I5 Nightingale seeking 000436 16 letters of interest in ATT position (1 page 17 32 | 6/26/13 Emails between | KC-CB- Macdonald and Meith 012574 18 identifying handwritten notes on scoring sheet 19 from October 2012 RSIT applications (1 page || | 33 | 6/27/13 Commendation | KC-CB- xX from Nightingale to 007582 21 Gumke re: special duty assignment (1 page eten. el 3 Brown to Nightingale 000440 JOEINF PRETRIAL ORDER SFATFEMEMN' - 21 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed gemma ATT position (1 page 5 35 | 6/28/2013 Letter from KC-CB- xX Jones to Brown offering | 010954 6 Brown ATT position (1 page 7 36 | 6/28/13 Email from KC-CB- x Nightingale rejecting 000444 8 Gumke from ATT Position (1 page) ? || | 371 7/3/13 Light Rail KC-CB- x 10 Operators Bulletin 022994 announcing Brown’s ll ATT position (1 page | 7/8/13 Nightingale KC-CB- x [ese Assignment (1 page 13 39 | 7/8/13 Email chain KC-CB- x between Nightingale, 005156 14 Rhoads, Alejandria re: Duration of Brown’s 15 assignment to ATT 16 Position (1 page | 7/11/13 Email from KC-CB- x 17 Nightingale to Jones, 000446 Rhoads re: Brown’s 18 “progress” as an ATT and decision to split 19 ATT Position (1 page) | 7/11/13 Email from KC-CB- xX 20 Nightingale to Gumke re} 000448 Beginning ATT Position 2] 1 page | 7/17-7/18/13 Email KC-CB- chain between Brown 003345 — 3 and Sufland re union KC-CB- erievance over removal 003348 JOEINF PRETRIAL ORDER STATEMENT - 22 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed Jee] || replacement by Gumke 5 4 pages | 7/17/13 Email chain KC-CB- xX 6 between Brown, Clarke, | 003342 — Sufland re: Brown’s KC-CB- 7 removal from ATT 003344 position (3 pages | | 7/29/13 Memo to Brown| CB00221 x re: Rail Technical 9 Trainer assignment and 10 benefits (1 page | 8/7-8/8/13 Email chain KC-CB- ll between Meith, 020862 — Macdonald, Martinez- KC-CB- 12 Morales re files needed 020863 for OCR interview 13 preparations (2 pages | 8/22/13 Memo from KC-CB- x 14 Jones to Rhoads re: 003406 Meeting w/ Brown over I5 ATT assignment (1 16 page | 8/8/13 Email from KC-CB- xX 17 Brown to Jones re 002842 — clarification on Rail KC-CB- 18 Technical Trainer 002843 Position (2 pages 19 48 | 5/21/14 Email from KC-CB- x Brown to Martinez- 003134 20 Morales asking if he will be allowed to test for 21 RSIT position (1 page | 3/6/14 Emails between KC-CB- Macdonald, various HR | 003131 — 3 personnel regarding KC-CB- Investigation into 003133 JOEINF PRETRIAL ORDER SFAFEMEMNF - 23 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed 4 Brown’s 2013 KCOCR Complaint sent to 5 Martinez-Morales (3 pages) 6 50 | Brown 2014 RSIT CB00177 xX Application (6 pages) — 7 CB00182 | 3/21/14 Letter from King) KC-CB- Xx 8 to Gannon re: disparate | 018931 — treatment at King KC-CB- ? County Rail (3 pages 018933 10 52 | 5/19/14 Email to Brown | KC-CB- xX from Martinez-Morales | 002847 — ll rejecting Brown’s RSIT | KC-CB- application (2 pages 002848 12 53 | 5/22-7/8/14 Emails KC-CB- x between Brown and 020887 — 13 Martinez-Morales KC-CB- regarding RSIT 020891 14 application follow up questions (5 pages || [54] 5/22-7/8/13 Followup | CB00859 16 Emails between Brown, — Martinez-Morales, and CB00864 17 Vestel re: Brown RSIT application rejected (6 18 pages | 10/3/14 Email from KC-CB- XxX 19 Brown to various 019752 — requesting 3rd Step KC-CB- 20 Hearing for union 019753 grievance re: RSIT 21 application rejection (2 pages | 12/4/15 KCOCR Notice | CB00103 3 of Reasonable Cause — Finding to Brown with CBO00112 JOINE PRETRIAL ORDER STATEMENT - 24 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 1 Description Bates | Admissibil) Authenticity; Authentic | Admitt Number ity Stipulated/| ityand | ed 2 Stipulated | Admissibilit] Admissibi y Disputed lity 3 Disputed {feet Determination (10 5 pages | Amalgamated Transit KC-CB- x 6 Union Agreement (2013-| 025320 — 2016) Section R19: Rail | KC-CB- 7 Supervisors (8 pages) 025327 | 7/1/13 Email from Leslie} KC-CB- xX 8 to Bell re SD Approval 005155 Needed ASAP — Claude 9 Brown (1 page 10 59 | 7/19/13 Emails btwn CB00774 Brown and James re — CB- 11 ATT removal and 00779 Gumke Hiring (6 pages 12 1/4/13 KCOCR KC-CB- Complaint re ATT 013466 — 13 position (2 pages) KC-CB- 013467 14 61 | 1/31/14 King County KC-CB- xX response Letter from 000470 — I5 Moreau to Macdonald re} KC-CB- 16 Claude Brown v King 000482 County Dept. of 17 Transportation Complaint (13 pages 18 62 | 3/6/15 KCOCR Charge | KC-CB- of Discrimination (2 013482 — 19 pages) KC-CB- 013483 20 63 | 4/10/14 RSIT job KC-CB- posting (10 pages) 002780 — 71 KC-CB- 002789

JOINT PRETRIAL ORDER STATEMENT - 25 Civil Rights Justice Center, PLLC CASE No. 2:16-cv-01340-TSZ 2150 N 107" Street, Suite 520 Seattle, Washington 98133 B. Defendant’s list of proposed trial exhibits: Ex. Exhibit Description Date Bates Range No. Collective Bargaining 2010 – KC-CB- X 6 Agreement ATU 587 2013 007237 – KC- CB-007419 Collective Bargaining 2010 - KC-CB- X Agreement ATU 587 2013 007420 – KC- – Exhibit D Terms CB-007578 9 and Conditions of Employment 102 Collective Bargaining 2013 – KC-CB- X Agreement ATU 587 2016 001983 – KC- 11 CB-002158 Collective Bargaining 2013 – KC-CB- X 12 Agreement ATU 587 2016 025206 – KC- – Exhibit D Terms CB-025356 and Conditions of Employment Link Light Rail 2013-03- KC-CB- X 15 Rulebook 2013 18 000314 – KC- CB-000368 105 Email Re RSIT Role 2012-06- KC-CB- X Play & Interview 27 022862 – KC- 17 Schedule CB-022863 2012-02634 Rail 2012-10- KC-CB- X 18 Supervisor Job 12 002816 – KC- Posting CB-002823 2012-02634 Rail 2012-10- KC-CB- X Supervisor – Claude 21 002534 Brown Application KC-CB- 21 002539 Application Scoring 2012 KC-CB- X 22 Criteria for October 007054 – KC- 2012 Posting CB-007055 Ex. Exhibit Description Date Bates Range No. 109 2012-02634 NeoGov 2012 KC-CB- X Application Steps 002796 110 2012-02634 2013-06- KC-CB- X Supplemental 12 006851 6 Questions by Job Report 2012-02634 SME KC-CB- X Applicant List Step 1 009405 2012-02634 SME 2012-11- KC-CB- X 9 Notice – Claude 16 002729 Brown 113 Email Re Applications 2012-10- KC-CB- X Waiting for SME 29 006890 11 Review (Jones) Email Re Applications 2012-10- KC-CB- X 12 Waiting for SME 29 007048 Review (Nightingale) Supervisor Recap KC-CB- X 002502 Kwesele Application 2012-10- KC-CB- X 15 15 004862 – KC- CB-004868 117 Maciel Application 2012-10- KC-CB- X 23 004913 – KC- 17 CB-004918 Wachtel Application 2012-10- KC-CB- X 22 005101 – KC- CB-005106 Rail Technical Trainer 2013-05- KC-CB- X 20 Job Posting No. 15 000430 – KC- 2013IMM03108 CB-000434 120 Email Re: Gumke 2013-06- KC-CB- X Interest in Acting 25 000437 22 Technical Trainer Email from 2013-06- KC-CB- X 23 Nightingale Re: 28 010952 Ex. Exhibit Description Date Bates Range No. 4 Acting Technical Trainer Position Streetcar Operations 2014-02- KC-CB- X 6 and Maintenance 10 009093 – KC- Supervisor Job CB-009100 Posting No. 2014IMM03734 Rail Supervisor, Rail 2014-04- KC-CB- X 9 Supervisor-in- 10 002780 – KC- Training Job Posting CB-002789 10 No. 2014IMM03875 Streetcar Operations KC-CB- X 11 and Maintenance 002732 – KC- Supervisor CB-002737 12 2014IMM03734 Claude Brown Application Rail Supervisor, Rail KC-CB- X Supervisor-in- 007952 – KC- 15 Training CB-008956 2014IMM03875 16 Claude Brown Application 126 2014 Successful Various KC-CB- X and/or Eligible 007997 – KC- 18 Applicants CB-008001; KC-CB- 008007 – KC- CB-008011; KC-CB- 21 008012 – KC- CB-008016; 22 KC-CB- 008021 – KC- 23 CB-008025; Ex. Exhibit Description Date Bates Range No. 4 KC-CB- 008074 – KC- 5 CB-008078; KC-CB- 6 008079 – KC- CB-008083; KC-CB- 008084 – KC- CB-008089 127 Sample of 2014 KC-CB- X Rejected Application 007957 - KC- 10 CB-07960 Email Re: RSIT 11:03 2014-06- KC-CB- X 11 AM 02 012705 – KC- CB-012706 129 Email Re: RSIT 9:14 2014-07- KC-CB- X PM 04 012715 – KC- CB-012717 Email Re: RSIT 1:24 2014-07- KC-CB- X PM 08 024318 – KC- 15 CB-024321 Email Re: RSIT 2:29 2014-07- KC-CB- X 16 PM 08 003145 – KC- CB-003149 132 Email Re: RSIT 11:29 2014-07- KC-CB- X PM 08 024322 – KC- 18 CB-024327 Email Re: Rail 2017-07- KC-CB- X Supervisor, Rail 11 003150 – KC- Supervisor-in- CB-003152 Training 134 Email Re: RSIT 2014-10- KC-CB- X 03 024492 – KC- 22 CB-024494 1 VIII. DEPOSITION TRANSCRIPTS TO BE OFFERED AT TRIAL 2 A. Transcripts offered by plaintiff: Plaintiff will offer no deposition excerpts.

B. Transcripts offered by defendant: Exhibit Deposition of Date Exhibit/Excerpt Description No. 135 Claude Brown 9-19-2017 Deposition Excerpt: 18:14 - 19:09 136 Claude Brown 9-19-2017 Deposition Excerpt: 60:06 - 60:16 137 Claude Brown 9-19-2017 Deposition Excerpt: 72:15 - 73:03 138 Claude Brown 9-19-2017 Deposition Excerpt: 127:10 – 129:22 139 Claude Brown 9-19-2017 Deposition Excerpt: 131:07 - 134:01 140 Claude Brown 9-19-2017 Deposition Excerpt: 185:17 - 188:03 141 Claude Brown 9-19-2017 Deposition Excerpt: 188:21 - 188:25 142 Claude Brown 9-19-2017 Deposition Excerpt: 191:21 - 193:02 143 Claude Brown 9-19-2017 Deposition Excerpt: 200:08 - 200:24 144 Claude Brown 9-19-2017 Deposition Excerpt: 201:15 - 202:09 145 Claude Brown 9-19-2017 Deposition Excerpt: 206:06 - 207:08 146 Claude Brown 9-19-2017 Deposition Excerpt: 209:12 - 212:23 147 Claude Brown 9-19-2017 Deposition Excerpt: 215:16 - 217:02 148 Claude Brown 9-19-2017 Deposition Excerpt: 223:07 - 223:12 149 Claude Brown 9-19-2017 Deposition Excerpt: 221:23 - 223:12 150 Claude Brown 9-19-2017 Deposition Excerpt: 233:01 - 233:13 151 Claude Brown 9-19-2017 Deposition Excerpt: 241:13 - 243:21 152 Claude Brown 9-19-2017 Deposition Excerpt: 255:16 - 258:04 153 Claude Brown 9-19-2017 Deposition Excerpt: 269:11 - 270:02 154 Claude Brown 9-20-2017 Deposition Excerpt: 351:14 - 353:07 155 Claude Brown 9-20-2017 Deposition Excerpt: 418:22 - 419:04 156 Claude Brown 9-20-2017 Deposition Excerpt: 454:03 - 455:25 157 Claude Brown 9-20-2017 Deposition Excerpt: 541:19 –542:15 158 Claude Brown 9-20-2017 Deposition Excerpt: 578:02 - 579:12 159 Michael Avery 9-28-2017 Deposition Excerpt: 04:17 – 06:06 160 Michael Avery 9-28-2017 Deposition Excerpt: 06:12 – 07:06 161 Michael Avery 9-28-2017 Deposition Excerpt: 08:07 – 09:03 162 Michael Avery 9-28-2017 Deposition Excerpt: 13:09 – 14:21 163 Michael Avery 9-28-2017 Deposition Excerpt: 15:11 – 17:04 164 Michael Avery 9-28-2017 Deposition Excerpt: 17:11 – 17:21 165 Michael Avery 9-28-2017 Deposition Excerpt: 20:03 – 20:24 Exhibit Deposition of Date Exhibit/Excerpt Description No. 166 Michael Avery 9-28-2017 Deposition Excerpt: 34:15 – 34:20 167 Michael Avery 9-28-2017 Deposition Excerpt: 35:03 – 35:20 168 Michael Avery 9-28-2017 Deposition Excerpt: 35:25 – 36:06 169 Michael Avery 9-28-2017 Deposition Excerpt: 38:11 – 38:13 170 Michael Avery 9-28-2017 Deposition Excerpt: 38:20 – 39:13 171 Michael Avery 9-28-2017 Deposition Excerpt: 40:25 – 41:16 172 Michael Avery 9-28-2017 Deposition Excerpt: 52:05 – 52:25 173 Michael Avery 9-28-2017 Deposition Excerpt: 57:15 – 57:19 174 Michael Avery 9-28-2017 Deposition Excerpt: 68:19 – 69:06 175 Michael Avery 9-28-2017 Deposition Excerpt: 79:06 – 81:06 Defendant has moved in limine to exclude evidence of the April 2017 incident in which Plaintiff mistakenly believed that he was at the terminal Angle Lake Station, when in fact he was at the SeaTac Station. If Defendant’s motion is denied, Defendant will offer the following deposition excerpts related to that incident: 60:17-61:2, 63:1-71:9, 77:15- 83:6, 83:17-95:14, 97:2-100:12.

Defendant objects to plaintiff’s reservation of the right to use any exhibits that have not been designated or agreed to by the defendant. Defendant objects to Plaintiff’s use of any deposition excerpts that he failed to designate pursuant to LR 32. Defendant also reserves the right to use any depositions taken by either side during the pendency of this case. Defendant reserves the right to offer any exhibits listed by plaintiff.

20 ACTION BY THE COURT (a) This case is scheduled for trial before a jury on June 14, 2021 at 1:00 p.m. (b) Trial briefs shall be submitted to the court on or before May 28, 2021.

1 (c) Objections to jury instructions shall be submitted to the court on or before June 7, 2021. Suggested questions of either party to be asked of the jury by the court on voir dire shall be submitted to the court on or before May 28, 2021.

DATED this 7th day of June, 2021.

A 7 Thomas S. Zilly United States District Judge Presented by: CIVIL RIGHTS JUSTICE CENTER, PLLC s/Darryl Parker Darryl Parker, WSBA #30770 Attorney for Plaintiff