Free Statement - District Court of Arizona - Arizona

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Mishka L. Marshall (#016641) MARSHALL LAW GROUP, P.C. 777 East Thomas Road, Suite 210 Phoenix, AZ 85014 Telephone: 602/274-7873 Facsimile: 602/274-8207 Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

SEAN L. HARGROW, Case No. CIV 2003-0642 PHX DGC Plaintiff, V. FEDERAL EXPRESS CORPORATION, a Delaware corporation doing business in Arizona; JOHN and JANE DOES I-X;
BLACK CORPORATION I-X, WHITE LIMITED LIABILITY COMPANIES I-X,

PLAINTIFF'S PROPOSED STATEMENT OF THE CASE (Assigned to the Honorable David G. Campbell)

Defendants.

The Court setting the final pretrial conference directed the parties to file a stipulated description of the case to be read to the jury. Plaintiff Sean Hargrow and Defendant Federal Express Corporation made diligent good faith efforts to draft a stipulated description of the case, but fundamentally disagree as to the scope of the issues that will be presented to the jury. Accordingly, Plaintiff Sean Hargrow submits the following proposed description of the case to be read to the jury:

Case 2:03-cv-00642-DGC

Document 136

Filed 11/02/2006

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Plaintiff Sean Hargrow filed this lawsuit against Defendant Federal Express Corporation for discrimination and retaliation. In 1996 Defendant hired Plaintiff Sean

Hargrow as a permanent part-time courier at the SCF station, located in Scottsdale, Arizona. During his employment with Defendant, Mr. Hargrow lodged several

complaints to Defendant about unfair treatment based on his race. Mr. Hargrow also filed charges of discrimination against Defendant with the Equal Employment Opportunity Commission. In April 2002 Mr. Hargrow suffered an injury while working and was placed on medical leave. Mr. Hargrow's complaints of discrimination were made before and after he was injured on the job. Mr. Hargrow filed this lawsuit against Defendant on April 4, 2003 alleging discrimination and retaliation. Defendant terminated Mr. Hargrow's employment on May 12, 2003. Mr. Hargrow claims that Fedex terminated his employment in retaliation for the internal and EEOC complaints Mr. Hargow made regarding discrimination in the workplace. FedEx Express denies that Mr. Hargrow's complaint played any role in the decision to discharge him, rather FedEx Express contends that a legitimate, nondiscriminatory reason led to his discharge. Mr. Hargrow believes that the reason provided by FedEx is false and was only an excuse for retaliating against Mr. Hargrow because he complained about discrimination in the workplace. Mr. Hargrow now seeks damages for the unlawful conduct of Fedex. Respectfully submitted this 2nd day of November, 2006. MARSHALL LAW GROUP, P.C. s/Mishka L. Marshall Mishka L. Marshall 777 East Thomas Road, Suite 210 Phoenix, AZ 85014 Attorney for Plaintiff

Case 2:03-cv-00642-DGC

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CERTIFICATE OF SERVICE I hereby certify that on November 2, 2006 I transmitted by electronic filing the foregoing Plaintiff's Statement of the Case to the United States District Court for the District of Arizona using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mary H. Beard FEDERAL EXPRESS CORPORATION 3620 Hacks Crossing Road, Building B-3rd Floor Memphis, Tennessee 38125 Lori Higuera Alec Hillbo FENNEMORE CRAIG, PC 3003 North Central Avenue, Suite 2600 Phoenix, Arizona 85012-2913 Counsel for Defendant s/Mishka L. Marshall Mishka L. Marshall

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