Free Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00781-GMS

Document 1

Filed 11/30/2007

Page 1 of 8

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

mTTA

DOUGLAS,

Plaintiff, v.

,

Civil

Action

No.

JURY TRIAL
SOLUTIONS USA, Ine . d/b/a SIEMENS

UTluNS DIAGNOSTICS
.~"".~' .""""'O,'

MEDICAL

CORP.,

SOL

Defendants.

1.
Castle,
Delaware.

2.

DefendaIlt

Dade Behring

COMPLAINT

Inc. (hereinafter

"Dade

Behring")

DEMANDED

is a Delaware

Case 1:07-cv-00781-GMS

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et.

seq.

(The

Americans

with

Disabilities

Act)

and

29

v.S.C.

§621

et

seq.

(the

Discrimination in Employment Act) and 28 US.c. §§ 1331 and 1343, and under the principles of ancillary and pendent jurisdiction as well as the supplemental jurisdiction provisions of 28
US.C.

§ 1367.

5.

her termination on or about August 26, 2005; she worked as a para-professional the legal in

Ms. Douglas'sdateof birth is September 1938. 4,
Defendant Dade Behring Inc. was the object of a tender offer that resulted in its merger or other corporate assimilation into defendant Siemens Medical Solutions USA, d/b/a Siemens Medical Solutions Diagnostics Cotp., which merger or assimilation is believed Inc.

Age

have been consummated on or about November 6,2007. 8. Plaintiff Douglas received outstanding performance reviews for her work during

eachandeveryone of the severalyearsof her employment prior to 2005. 9.
make comments

In 2004, Ms. Douglas's managerat Dade Behring, Cynthia Tymeson,beganto
to Ms. Douglas suggesting that Ms. Douglas should post for positions outside

Ms.

Tymeson's

department,

and

further

suggested

that

she

did

not

understand

why

anyone

the

age

of

sixty-five

would_..wishto

continue

working

(Ms.

Douglas

had

turned

sixty-five

over

2003).

2

in

to

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10.

By

2005,

it

was

apparent

to

Ms.

Douglas

that

she

was

being

drawn

into

squabbles

over

minor

matters

with

Ms.

Tymeson

and

Ms.

Tymeson's

colleague

Susan

Yarc;

petty

Yarc

was

a

paralegal

working

at

Dade

Behring's

office

in

Deerfield,

11.

The

petty

squabbles

that

~eveloped,

combined

with

Ms.

Illinois.

Tymeson's

focus on these squabbles and on minor issues related to Ms. Douglas's job, created a hostile
atmosphere in which Ms. Douglas suffered stress and, ultimately, cardiac problems that led to

the need for time ou~i~rwork 12. and unfounded criticisms

on disability leave.

atmosphere for Ms. Douglas at Dade Behring included unwarranted of Ms. Douglas's work, and the placement of unsupported after-the-

fact

negative

content

in

her

perform~nce

review

relating

to

2004,

which

was

under

preparation

unwarranted

Ms.

early

2005.

13.

Ms.

Douglas

made

her

concerns

about

job

discrimination

and

harassment

to Ms. Tymeson and Candace Davis, Esq. o(Dade Behring's legal department; in particular, Ms.
.

Douglas assertedthat she was being discriminated against on the basis of age and disability.
14. Despite Ms. Douglas's protests and despite Ms. Douglas's lucid and reliable

defense

of

her

job

performance,

Dade

Behring,

acting

primarily

through

the

management

known

of

Tymeson and Ms. Davis, proceeded to terminate Ms. Douglas in a discriminatory and retaliatory fashion, based upon a factual record that was manipulated so as to create the appearance of
performance problems that did not, in .~, fact, exist, on or about August 26, 2005, at a time when

Ms. Douglas

was out on medical

leave for cardiac problems.

15.
the Equal Employment

Subsequent to her termination, Ms.Douglas filed charges of discrimination with
Opportunity Commission, leading to receipt of the letter giving her the

right to sue, attached hereto as Exhibit A.

3

Ms.

in

Case 1:07-cv-00781-GMS

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COUNT I
Violation of the discrimination
Employment

and retaliation provisions of the A2e Discrimination in
Act. 29 U.S.C. § 621 et seQ.

16.
17.

Paragraphs 1 to 15 are restated as ifmore fully set forth herein.
-',,The actions of defendant Dade Behring (and, by extension, defendant Siemens) in

harassing

and

terminating

Ms.

Douglas

were

motivated

by

unlawful

age

discrimination

retaliatorymotive,iJi1;~iolation of the federahAge Discrimination
18. Ms;ifj~glas

in Employment Act.

has suffered damages as a result of the actions of defendants Dade

Behring

and

Siemens,

including

lost

salary

and

benefits,

damage

to

her

career

and

loss of future earning capacity, greatmental

anguish and embarrassment, and other losses.

COUNT II
Violation of the retaliation and discrimination provisions of the Americans with Disabilities

Act. 42 U.S~c.

§

12101

et

19. 20.

Paragraphs 1 to 18 are restated as ifmore fully set forth herein. Managers and decisionmakers at defendant Dade Behring (and, by extension,

defendant Siemens) were aware of Ms. Douglas's stress and cardiac problems, and regarded her as disabled as a result of such stress and cardiac problems. 21. The actions of defendant Dade Behring (and, by extension, defendant Siemens) in

harassing and terminating Ms. Douglas were motivated by unlawful disability discrimination and
retaliatory motive in that said. defendants regarded her as a disabled person when in fact she was not, in violation of the Americans with Disabilities Act, 42 D.S.c. § 12101 et

seQ.

22.

Ms. Douglas has suffered damages as a result of the actions of defendant Dade

Behring (and, by extension, defendant Siemens), including lost salary and benefits, damage to

4

seq.

reputation,

and

Case 1:07-cv-00781-GMS

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her career and reputation, loss of future earning capacity, great mental anguish and
.ent, and other losses.
embarrassm

COUNT III
Violation of Delaware Ae:e and Disabilities Discrimination statute. 19 Del. C. § 711 et seq.

23. 24.

Paragraphs 1-22 are restated as ifmore fully set forth herein. T1!:~~tions of defendant Dade Behring (and, by extension, defendant Siemens) in
,;::::;:::c;\ .."~~~,,:

harassing and terifiitiating
discrimination

Ms.

Douglas

were motivated

by unlawful

age and disability

and retaliatory motive, in violation of the State of Delaware statutory protections
and disability discrimination in employment, 19 Del. C. § 711 et seq.

against

25.

age

Ms. Douglas has suffered damages as a result of the actions of defendant Dade

Behring (and, by extension,defendantSiemens), including lost salary and benefits, damage to her career and reputation, loss of future, earning capacity, great mental anguish and
embatrassment, and other losses.

COUNT IV
Violation of the Delaware Common Law-Covenant of Good Faith and Fair

(Falsification

of Reasons)

26.
27.
Ms. Douglas that

Paragraphs to 25 arerestatedasif more fully set forth herein. 1
-"

The defendant Dade Behring (and, by extension, defendant Siemens) informed
she was being terminated based upon certain alleged failures in her job

5

Dealin2

Case 1:07-cv-00781-GMS

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28.

The

actions

of

defendant

Dade

Behring

(and,

by

extension,

defendant

constitute

a

violation

of

the

Delaware

common

law

Covenant

of

Good

Faith

and

Fair

Siemens)

29.

Ms. Douglas has suffered damages as a result of the actions of defendant Dade

Behring (and, by extension, defendant Siemens), including but not limited to lost salary and benefits, damage to her career .and reputation, loss of future earning capacity, great mental
anguish and embarrassment, and other losses.

c"'"",,,
WHEREFORE, plaintiff demands that judgment be entered in her favor against

defendants on the above claims, including
costs of suit, interest, attorneys' fees under

awards of compensatory damages, punitive damages,
any appropriate or relevant statutory or common law

basis,

and

such

other

and

further

relief

as

this

Court

may

deem

PLAINTIFF

JUTTA DOUGLAS

Herbert

JM.~

G.

Feuerhake,

appropriate.

Esq.

By:

521 West Street Wilmington, Delaware

19801

(302) 658-6101
herb [email protected]

Attorney for Plaintiff

DATE:

November

30,2007

6

#2590

Dealing.

Case 1:07-cv-00781-GMS

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-',

.

Exhibit A

"

,

~

Case 1:07-cv-00781-GMS
EEOCFonn161(IO/96) u.s. EQuAL
EMPLOYMENT

Document 1
OPPORTUNITY

Filed 11/30/2007
COMMISSION

Page 8 of 8

DISMISSAL AND NOTICE OF RIGHTS
To:

Jutta Douglas 42 Marlborough Court

From: Equal EmploymentOpportunity Commission
Philadelphia District Office

NewCastle,DE 19720

The Bourse 21 S. Fifth Street,Suite400 Philadelphia,PA 19106-2515

On behalf ofperson(s) aggrievedwhoseidentity is
[ ] CONFIDENTIAL (29 CFR § 1601.7(0)) Charge No.

EEOC

Representative

Telephone

170-2005-03644 THE EEOC
[ ]

Legal Unit ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:

(215) 440-2828

IS CLOSING

The factsallegedin"fF(!igharge to statea claim underany of the statutes fail enforced the EEOc. by Your allegations
The Respondent employs

[

]

didi;;ijQ~involve a disability
'i
less than the required

that is covered by the Americans with Disabilities
number of employees or is not otherwise covered

Act.
by the statues.

[

[

]

]

We

cannot

investigate

your

charge

because

it

was

not

filed

within

the

time

limit

required

by

[

]

Having

been

given

30

days

in

which

to

respond,

you

failed

to

provide

infonnation,

failed

law.

to

No.

appear

or

be

available

interviews/conferences, or otherwise failbd to coop~rate to the extent that it was not possible to resolve your charge.
While reasonable efforts

were

madeto locateyou, we werenot ableto do so.

You had30 daysto accepta reasonable settlement offer that afford full relief for the harmyou alleged.

EEOCissues the following determination: Based upon its investigation, the EEOCis unableto concludethat the
obtained establishes violations of the s,atutes. T~is does not certify that the respondent is in compliance with No finding is made as to any other issues that might be construed as having been raised by this

information

The

statutes.

[

]

The

EEOC adopted findings of the stateor local fair employment has the practicesagency that investigated charge. this

[

]

Other (briefly state) - NOTICE
(See the additional

OF SUIT RIGHTS
information
Age Discrimination

This will be the only notice of
Employment Act:

attached to this form.)
in

Title

VII,

the

Americans

with

Disabilities

Act,

and/or

dismissaland of your right to suethat we will sendyou. You may file a lawsuit againstthe respondent(s) under federal law basedon
WITHIN
90

the

charge.

otherwise,

your

this

charge

in

federal

or

state

court.

Your

lawsuit

must

be

filed

DAYS

from

your

receipt

of

this

right to sueba~ed this 9parge\¥ill be lost. (The time limit for filing suit basedon a stateclaim may be different.) on Pay Act (EPA): EPA suitsmust be filed in federalor statecourt within 2 years(3 yearsfor willful violations) of the alleged underpayment.This meansthat backpay due for any violations that occurred more than 2 years (3 years) before you file suit may not be collectible
Equal EJ?A

On behalf of the Commission

~.~

~,~~~

Enclosure(s)
Infonnation Sheet

Marie

M.

Tomasso,

District

Director

,~p~(;'~vV7

(Date

Notice;

cc:

Herbert G. Feuerhake,Esq.
(Attorney for Charging Party)

DADE BEHRING INC
Candice Davis, Corporate Counsel

Mailed)

the

for

Case 1:07-cv-00781-GMS

Document 1-2

Filed 11/30/2007

Page 1 of 2

CIVIL
sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

SHEET

~JS

44

(Rev.

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of 'pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, is reqUIred for the use of the Clerk of Court for the purpose ofmitiating
the civil docket

11/04)

COVER

(b)

County ResidenceFirstListed of of ~c.?~-:)\c..5. ~ew Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

C G.,-+\ce..

e4J~I~ ~ \E' e"'"
County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES

~IQ.~ . 'Wf"
USE ONLY) THE LOCATION OF THE

~

\'1:11"'41"\

t-V~

""("'~'

NOTE:

IN

LAND

CONDEMNATION

LAND

(c)

~'O) -b~-bl

<) \

Attorneys

(If Known)

01

U.S. Government Plaintiff

~
0 4 Diversity
(Indicate Citizenship of Parties in Item III)

INVOLVED.

DEF

Citizen of This State

Incorporated or Principal Place of Business In This State

01

CASES,

~

02

u.s. Government Defendant

Citizen of Another State

02 03

0

2

Incorporated PrincipalPlace and of Business AnotherState In
Foreign Nation

0
0

5

05 06

0

3

6

V. ORIGIN
¥l

0 5

06

0 7

VI.

CAUSE

OF

VIII.
IF

ACTION

CASE(S)
ANY (See

.
Instrue

f
IOns): JUDGE DOCKET NUMBER

DATE

\,

RELATED

\

'1,0

I

?£o

1-

FOR

OFFICE

USE

RECEIPT #

ONLY

~~UuK~EYOFRECORD

MAG.

APPLYING

AMOUNT

IFP

JUDGE

JUDGE

Case 1:07-cv-00781-GMS
JS 44 Reverse (Rev. 1l/04)

Document 1-2

Filed 11/30/2007

Page 2 of 2

INSTRUCTIONSFOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority
The JS 44 civil cover sheet and the information contained herein neither

For Civil Cover Sheet
replaces nor supplements the filings and service of pleading or other papers as required

by

law,

except

as

provided

by

local

rules

of

court.

This

form,

approved

by

the

Judicial

Conference

of

the

United

States

in

September

1974,

is

required

for

the

of the Clerk of Court for the purpose of initiating

the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint

filed. The attorney filing a case should complete the form as follows:
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, useonly the full name or standardabbreviations. If the plaintiff or defendant is~n official within a government agency, identify first the agt':ncyand then the official, giving both name and title. I.

(b) County of Residence. For each civil casefiled, except U. S. plaintiff cases,enter the name of the county where the first listed plaintiff residesat the time of filing. In U.S. plaintiff cases,enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnationcases,

the county of residence of the "defendant"

is the location of the tract of land involved.) If there are several attorneys, list them on an attachment, noting

(c) Attorneys. Enter the finn name, address, telephone number, and attorney of record. in this section "(see attachment)".

II. Jurisdiction. Thebasis ofjurti)~fion is set forth under Rule 8(a" F.R.C.P., whichrequires jurisdictionsbe shownin pleadings.Place "X" in one that an of theboxes. If thereis morethanonebasisof jurisdiction,precedence givenin theordershownbelow. is States plaintiff. (I) Jurisdictioni;blli§ed 28 U.S.C. 1345and 1348. Suitsby agencies officersofthe UnitedStates included on and are here.
States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. United

United

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congressor a treaty of the United States. In caseswhere the U.S. is a party, the U.S. plaintiff or defendant code takes precedence,and box I or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 D.S.C. 1332, wh6re parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedenceover diversity cases.) III. Residence (citizenship) of Principal Parties. This section ofthe IS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the causeof action, in Section VI below, is sufficient
Office to determine the nature of suit. If the cause fits more than one nature of suit, select to enable the deputy clerk or the statistical clerks in the Administrative the most definitive.

V.

Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (I) Caseswhich originate in the United Statesdistrict courts. Removed from StateCourt. (2) Proceedingsinitiated in state courts may be removed to the district courts under Title 28 V.S.C., Section 1441. When thepetition for removal is granted, check this box. Remanded from Appellate Court. (3) Checkthis box for c,,;.ses remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for casesreinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For casestransferred under Title 28 D.S.C. Section l404(a). Do not use this for within district transfers or multidistrict
litigation transfers.

Multidistrict Litigation. (6) Check this box when amuItidistrict caseis transferred Into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision. VI.
unless diversity.

Cause of Action. Report the civil statute directly related to the causeof action and give a brief description of the cause. Do not citejurisdictional statutes
Example: U.S. Civil Statute: 47 USC

Brief Description:

Unauthonzed

553

reception of cable service
23, F.R.Cv.P.

VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule

Demand. In this spaceenter the dollar amount (in thousands of dollars) being demandedor indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers

and

the

corresponding

judge

names

for

such

Date and Attorney Signature. Date and sign the civil cover sheet.

cases.

use

Case 1:07-cv-00781-GMS

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