Free Status Report - District Court of Delaware - Delaware

Case 1:07-cv-00424-GMS

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Filed 04/21/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LEIGH ANN HARRISON, Plaintiff, v. STATE OF DELAWARE, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Defendant. ) ) ) ) ) ) ) ) ) ) )

C.A. No.: 07-424(GMS) Trial By Jury Demanded

JOINT STATUS REPORT 1. A. Jurisdiction and Service. This Court has jurisdiction pursuant to 28 U.S.C. §§1331 and

Plaintiff's Position:

1332, 28 U.S.C. §§2201 and 2202. Jurisdiction is not disputed. B. Defendant's Position: Jurisdiction is disputed. Legal issues remain as to the extent

plaintiff's claims are barred by 19 Del.C. § 2304, 29 Del.C. § 5943, statutes of limitation or repose, exhaustion of administrative remedies, as well as various immunities. 2. A. Substance of the Action. This matter is brought pursuant to the provisions of Title VII, 42

Plaintiff's Position:

U.S.C. §2000e et.seq. The allegations of the complaint are that the plaintiff was harassed at her job because of her sex, and that she suffered a nervous breakdown. It has been conceded by the State, that her nervous breakdown was as a result of her work related incidents, although it is not conceded that those incidents constituted sexual harassment. B. Defendant's Position: The defendant has not conceded anything in regard to this matter.

This is not a claim of sexual harassment. This is a claim of gender-based discrimination and

Case 1:07-cv-00424-GMS

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retaliation.

There are numerous factual disputes including:

whether the alleged conduct

occurred; the cause of the plaintiff's anxiety attack (not a nervous breakdown); whether there were any pre-existing conditions; whether plaintiff took advantage of preventative or corrective opportunities provided by the defendant; whether plaintiff mitigated her alleged injuries, etc.... 3. A. Identification of Issues. Whether the actions of which the plaintiff complains constitute

Plaintiff's Position:

sexual harassment and/or discrimination. B. Defendant's Position: The primary legal issues are whether the plaintiff's claims

constitute gender based discrimination under Title VII or section 1983. Defendant disputes the factual allegations and contends there were legitimate, non-discriminatory reasons for the actions taken in the course of plaintiff's employment. Defendant further contends that any of the alleged conduct fails to rise to the level of a hostile work environment. Defendant contends there was no retaliatory actions taken against the plaintiff. Defendant further disputes whether the plaintiff exhausted all her administrative remedies. 4. A. Narrowing of Issues. The Delaware Industrial Accident Board proceedings resulted in an

Plaintiff's Position:

agreement of disability, based on the State's IME report that her mental disability was connected to work related incidents. It is expected that the defendant will file a motion for summary judgment at the close of discovery. B. Defendant's Position: There is a legal question as to the extent the proceedings before the

Industrial Accident Board can be relied upon by the plaintiff in this case. Defendant also intends to file motion(s) for summary judgment at the conclusion of its discovery. 5. Relief.

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A.

Plaintiff's Position:

The plaintiff seeks monetary damages. She was discharged by the

defendant when she would not accept re-assignment, after an attempt to return to work, which she felt would result in further harassment. Plaintiff seeks lost wages and compensation for her mental pain and suffering. B. Defendant's Position: As noted above, defendant will present legal argument related to

the plaintiff's claims for monetary damages. It is defendant's position that such claims are barred in this proceeding. It is defendant's position that the plaintiff was discharged for a variety of legitimate, non-discriminatory reasons including those stated in her termination letter. 6. A. Amendment of Pleadings? The complaint was amended as a matter of right pursuant to Rule

Plaintiff's Position:

15(a), Federal Rules of Civil Procedure on or about July 18, 2007. B. Defendant's Position: Defendant may need to move the court to amend its answer to

correspond to the altered allegations in the plaintiff's amended complaint and to add an additional affirmative defense. 7. 8. Joinder of Parties? None. Discovery. It is contemplated that each party will conduct discovery by means of

written discovery and depositions. It is believe that six (6) months will be needed for discovery. 9. 10. 11. Estimated trial length. Four (4) days. Jury trial? Yes

Settlement. Not as of this date. Parties would request referral of this matter to

the magistrate for mediation. 12. Both of the undersigned parties have consulted and conferred concerning this

Joint Status Report.

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STATE OF DELAWARE DEPARTMENT OF JUSTICE

ABER, GOLDLUST, BAKER & OVER

/s/ Kevin Slattery KEVIN SLATTERY, ID# 2297 Deputy Attorney General Carvel State Office Buildgin 820 N. French Street/ 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the Defendant

/s/ Gary W. Aber GARY W. ABER (DSB #754) 702 King Street, Suite 600 P.O. Box 1675 Wilmington, DE 19899 (302) 472-4900 Attorney for the Plaintiff