Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:07-cv-00719-SLR

Document 16

Filed 07/09/2008

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

FAYE D. WHITE
Plaintiff,

Civil Action No. 07-719
v.

DOVER DOWNS, INC.,

Defendant.

DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE OR, AL TERNATIVEL Y, MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF, RESPONSES TO DEFENDANT'S DISCOVERY REQUESTS, AND PLAINTIFF'S INITIAL DISCLOSURES
Pursuant to Local Rule 41.1 and Fed. R. Civ. P. 37(d), Defendant Dover Downs, Inc.
("Defendant" or "Dover Downs") hereby moves to dismiss Plaintiff

Faye D. White's Complaint

with prejudice for failure to take any action to prosecute this case, which she filed nearly eight

months ago. Alternatively, Defendant moves pursuant to Fed. R. Civ. P. 37(a) to compel
Plaintiff

Faye D. White to produce responses to Defendant's First Set ofInterrogatories Directed
Faye D. White and First Set of Document Requests Directed to Plaintiff

to Plaintiff

Faye D.

White, as well as to serve Plaintiff s Initial Disclosures. In support of its motion, Dover Downs
avers as follows:

1. Plaintiff commenced this action by Complaint pursuant to Title VII of the Civil

Rights Act of 1964, as amended, on or around November 16, 2007, which Complaint Defendant
subsequently

answered. See Exhibit A, attached hereto.
2. On April 3, 2008, Dover Downs served on Plaintiff

its First Set ofInterrogatories
Document Requests Directed to Plaintiff

Directed to Plaintiff

Faye D. White and First Set of

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Faye D. White (collectively, the "Discovery Requests"). See Exhibit B (Interrogatories) and
Exhibit C (Document Requests), attached hereto.
3. On April 3, 2008, Dover Downs served on Plaintiff

Defendants Initial

Disclosures Pursuant to Federal Rule of

Civil Procedure 26(a).

4. Pursuant to Fed. R. Civ. P. 33 and 34, Plaintiffs responses to the Discovery

Requests were due May 5, 2008.
5. On May 14,2008, Dover Downs served on Plaintiff a Notice of

Deposition of

Plaintiff

Faye D. White, scheduling Plaintiffs deposition for Wednesday, June 18,2008 at 10:00

a.m. (the "Notice"). See Exhibit D, attached hereto.
6. Also on May 14, 2008, Dover Downs wrote a letter to Plaintiff

inquiring as to the
her Initial Disclosures.

status of

her responses to the Discovery Requests, as well as the status of

The letter further requested that Plaintiff contact counsel for Dover Downs to confirm her receipt

ofthe Notice and to provide an update as to her responses to the Discovery Requests and the
service of

her Initial Disclosures. See Exhibit E, attached hereto.
7. On May 27,2008, counsel for Dover Downs received a telephone call from an

attorney representing Plaintiff in another matter. The attorney assured counsel for Defendant
that, although she was not representing Plaintiff

in the above-captioned matter, Plaintiffs

responses to the Discovery Requests and her Initial Disclosures would be forthcoming. Plaintiff
never personally contacted counsel for Dover Downs in response to the May 14,2008 letter.
8. On June 17,2008, after further assurances from the attorney assisting Plaintiff

in

this matter concerning Plaintiff s responses to the Discovery Requests, counsel for Dover Downs
served on Plaintiff a First Amended Notice of Deposition of Plaintiff

Faye D. White, scheduling

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Plaintiffs deposition for Wednesday, July 9,2008 at 10:00 a.m. (the "Amended Notice"). See
Exhibit F, attached hereto.
9. Also on June 17,2008, counsel for Dover Downs wrote a follow-up letter to

Plaintiff

inquiring as to the status of

her responses to the Discovery Requests, as well as the

status of

her Initial Disclosures. The letter further requested that Plaintiff contact counsel for

Dover Downs within ten days of the date of the letter to confirm her receipt of the Amended
Notice and to provide an update as to her responses to the Discovery Requests and service of

her

Initial Disclosures. See Exhibit G, attached hereto.
10. On June 27,2008, Plaintiff

telephoned counsel for Dover Downs, confirming

receipt of

the Amended Notice, and assuring counsel that her responses to the Discovery

Requests would be forthcoming.
11. Plaintiff

has served on Dover Downs no objections or responses to the Discovery

Requests.
12. Plaintiff has requested from Dover Downs no extension of

time to serve responses

to the Discovery Requests.
13. Plaintiff

failed to appear for her July 9,2008 deposition and failed to inform

counsel - before or after the scheduled time of the deposition - that she did not intend to appear
for the deposition.

For these reasons, Dover Downs respectfully requests that the Court dismiss the
Complaint with prejudice because Plaintiff

has failed to take any action in this matter since she

filed the Complaint on November 16, 2007 - nearly eight months ago. Alternatively, Dover
Downs requests that the Court compel and order Plaintiff, within five (5) days of

the Court's

entry of the Order, to (1) contact counsel for Defendant to schedule a deposition at which
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Plaintiff

must appear, (2) serve on Defendant responses to Defendant's First Set of
Faye D. White, (3) serve on Defendant responses to
Document Requests Directed to Plaintiff

Interrogatories Directed to Plaintiff

Defendant's First Set of

Faye D. White, and (4) serve

on Defendant Plaintiff s Initial Disclosures.

Of Counsel:

/s/ James G. McMilan. III R. Montgomery Donaldson (#4367) rdonaldson(lmmwr. com James G. McMilan, III (#3979)
jmcmilan(lmmwr. com

Edward T. Ells (Pa. Id. No. 23680) Carmon M. Harey (Pa. Id. No. 91444)
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

Lisa Zwally Brown (#4328) lzbrown(lmmwr. com
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

123 South Broad Street Philadelphia, PA 19109 Tel: (215) 772-1500

1105 N. Market Street, Suite 1500 Wilmington, DE 19801-1607 Tel: (302) 504-7800
Fax: (302) 504-7820

Attorneys for Defendant Dover Downs, Inc.

DATED: July 9,2008

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EXHIBIT A

Case 1:07-cv-00719-SLR
ciAO 440 (Rev. 8/01) Summons in a Civil Action

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UNITED STATES DISTRICT COURT
Distrct of
Delaware

JlJ fly. mkl¿

SUMMONS IN A CIVIL CASE

l)~~ J1~~

CASE NUBER: ¿) 7 - 7 ie¡

('~() / -: / -I ~ r: L ~ rl,. ~-lv4,. ' ~~. 114 r: 17 tJ ~
YOU ARE HEREBY SUMONED and required to serve on PLAINTIF'S ATTORNEY (nae

113ý¡ )rftVl ~dni ~ ~ . NIPIt ¡i. ItJ1tJI
and

address)

f?o se:

~ J. .#iLc¡ 1ío.t~ IXS
-l tí It. It¡ l' 115

an answer to the complaint which is served on you with this summons, within ~ days after service

of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default wil be taen against you for the relief demanded in the complaint. Any answer that you serve on the pares to ths action must be fied with the
Clerk of ths Cour within a reasonable period of time afr service.

NOV 1 6 2001
CLERK

DAlE

RECEIVED
NOV 2 0 2007

LEGAL DEP'L

Case 1:07-cv-00719-SLR

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'lAO 85 (Rev. 8/98) Notice, Consen~ and Order of Reference - Exercise of Jurisdiction by a United States Magistrate Judge

-=

UNITED STATES DISTRICT COURT
District of
NOTICE, CONSENT, AND ORDER OF REFERENCE _ EXERCISE OF JURISDICTION BY A UNITED STATES

Plaintiff
V.

MAGISTRATE JUDGE
Case Number:

~'07-719-

Defendant

NOTICE OF AVAILABILITY OF A UNITED STATES MAGISTRATE JUDGE
TO EXERCISE JURISDICTION
In accordance with the provisions of 28 U.S.c. §636(c), and Fed.RCiv.P. 73, you are notified that a United States
magistrate judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial,
and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all
parties voluntarily consent.

You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction
from being exercised by a magistrate judge. Ifany part withholds consent, the identity of consent will not be communicated to any magistrate judge or to the district

the paries consenting or withholding

judge to whom the case has been assigned.
appeals for

An appea I from ajudginent entered by a magistrate judge shall be taken directly to the United States court of

this judicial circuit in the same manner as an appeal from any other judgment of this district court.

CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with provisions of28 U.S.c. §636(c) and Fed.RCiv.P. 73, the parties in this case consent to have a United States magistrate judge conduct any and all proceedings in this case, including the trial, order the entr of a final judgment, and conduct all post-judgment proceedings.

Par Represented

Signatures

Date

ORDER OF

REFERENCE

IT is ORDERD that this case be referred to
United States Magistate ludge, to conduct all proceedings and order the enti of

§636(c) and Fed.R.Civ.P. 73.

judgment in acrdance with 28 U.S.C.

Date

Unl Sta Dlsct ludgc

Nom: RETt nus FORM TO THE CLERK OF TH COURT ONLY IF ALL PARTI HA VB CONSENTD

ON TIS FORM TO TH EXERCISE OF iuSDlCTION BY A UND STATES MAGISTRTE JUGH.

Case 1:07-cv-00719-SLR

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'. Case 1 :07 -cv-OO i 19-5LR Document 1

Filed 11/07/2007 Page 1 of 3

(Dcl. Rcv.I2I9ß)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

, lVl~~
Name of Plaintiff or Plaintiffs)

07-719....
_..
CIVIL ACTION No. 01 c. -o~ ~ol: l-

r\e.e.( l) \, ff,e) ~ if) ~ ¡\J
"" (Name ofDefe'iidant or Defendants)

. \i\ \

v.

t,')

(,,,:

_.__,..

COMPLAINT UNDER TITLE Vll
OF THE CIVIL RIGHTS A CT OF 1964

,~ 1 K"', '.

-i

-'Çl
..;". .

J. This action is brought pursuant to Tillr! VII o/ihi? Civil Rigliis Acl 0/ 1964, ¡IS aniem§, t(\i';- ;:':
employment discrimination. Jui'isdiction exists by virtue of 42 USe. §2000e-S. Equiinbk ¡)nd i)iher reljd':' ids" :::';

i: ' .

sought under 42 U.S.c §2000e-S(g).

~ 2. PJ.io"ff ';'id" ",;j'u,~.:J. A~f~~;).z-i,~

,.n Cl. í2Æ' IÎ f~'

~~J ~ ~ ~~ .~ ~Nwiiber) ~q4~

..(Ciiy) (COUl\ly) (Si'",'.) (Zip Cocte) cfWtL- b.\A~'- JJit ,L~.!Q3

_. hI. D,"feli,l¡iiltJjr 'ides,SI,,'e) (lil' .iiiess is located ai ilL.. ìdl (¡ ~tb 'i uJ"-'1 )tfùt (Cou",iy) ....or.~bii i!i.jl! / 'iCiiy) yt~Je nl, iis ' C",k)
4. The c1iSCrinUnatol.:/.:i\ndlLC.t occliii-et0,,f cODJiectjon with plaintitT's cmploYL1eii at, or application LO

\ i (s('.'."1 A.i('I('e~~) ~ if V

r. .

be employed at, defendant's I f" i~'wrr place ufbussintèss
located at t, '~... : ,;,,)H "II'S :~~;g-th~g-ilC4~)..

,CIIYJ (lii:iiy¡ (SI"i~J e7.il' Ciiilt¡ .......... ....... ..../LJ~~~:r.,~I;\~-ilU iilii U ..ièlQ /

Case 1:07-cv-00719-SLR
. .Case 1 :07 -cv-OO i 19-5LR

Document 16-2
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Page 2 of 3

Filed 11/07/2007

5.

The alleged discriminatory acts occurred on

s~ , nIl n. A (Day) ~.
o is not continuing.

(J-t1?J fa .
(Y"'lrl

6.

The alleged discriminatory practice ~ ~

7.

Plaintifffiled ch~lf~es with the Department of Laf0r 011 State ofDelaw¡ire,

c. # Ir(Ag"lIcy)

.Cd r: 0' .Á

-l- ç: £ r it wtL~yil,t tf .
(Streei Address) (City
~ t S(-~
(Moiiih)

. regardi.ng

(Cowlty) (Slate) (Zip Cod,,)
defendant's alleged discriminatory conduct on ~~ ,

,; Ó (èi
(Ye;iri

o (!Jay)
8.

Plaintiff filed charges with the Equal Eniploym nt opportunity Commission of the United Stat~~
V

regarding defendant's a lIegeci discliminatory conduct on:

It
(Month)

d-S-d 7 (Yt:;ir)

9. The Equal Employiie\it Oppoiiunity Commission issued the attached NO\Ìcc-ot-Ri~ht-lo-Slic: letter

wh. hwas j b J' off p amti on: _. ", . -l¿~ . IC . receivec y ~.. J" 5l':J /'A IJ Î ( y) (MOliih) (Y"ai)
(NOTE.. ATTACH NOTICE-OF-RIGHT-TO-SUE LETTER TO THIS COMPLAINT.)
I Q. The alleged discriminatory acts, iiitlijs suit, concem:
A.

0

Failure to employ plaintiff.

B.
C.

Jl
0 0

Terllinmion 0 f plaintiff's employment.

Faillle to plomote plaintiff.
Other acts (please specify below)

0

~ ee (~:ft (~ C' , \;\Q ~r (A-.,:p£~ ~';

¡i!

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Case 1 :07-CV-00f 19-5LR

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Page 3 of 3

Filed 11/07/2007

i i. Defendant's conduct is discriminatory with respect to the following:

A.
B.

0 0

Plaintiffs race
Plaintiffs color
Plaintiffs sex
Plaintiffs religion

C.

~
0 0

D.

E.

PlainLiffs naLional origin

12. A copy ofLhe charges fied with the Eqiial Employment OppoltliniLy Commission is attached LO ihis

complaint and is submitted as a brief stnlement of the facts of plaintiffs claim.

'ýe.s .

13. Ifreliefis noL granted, plainLiffs will bc irreparably denied rights secured by Tiile VII l1lthe 1%4

CivilRighLs Act, as amended.

14. Plaintiffs has no adequaLe l-el1edy aL law to redressthc: wrongs c1esnibc:d ¡ibiivc.

THEREFORE, Plaintif prays as follows: (Check appropriate Jetter(s))
A. 0 That all fees, cOSL or securiLy attendant to this litigation be hereby waived.
D. 0 That the Court appoinllegaJ counseL.

C. )I That the Court granL slich relief as may be appropi'iale, inclucl i iig injiilic:lÌ ve orik,.~. clani¡ig""
cost and attorney's fees_

1 declare iindcr pcnalty of perjury that the loregoing is triie und correct.

Dated:J\m\ 1.J--Q7

om /1 i l , 11, .~.Á_~tk-i:x. ~ ~ _ _ t¡
"l; ~".' nlP~"iiJlI

¡ . ' ( i 1''\ /\lJ'

/ ,'.
j \

ISil!);illlè úr;idctilii)";i1 Pl:iiil¡rrl

Case 1:07-cv-00719-SLR
Case 1 :07 -cv-007'1 ;;-SLR
EEOC Form 161 (3198)

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Page 1 of 14

Filed 11/07/2007

u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DISMISSAL AND NOTICE OF RIGHTS
To: Faye D. White

From: Philadelphia District Offce
801 Market Street
Suite 1300

P.O. Box 1265
Dover, DE 19903

Philadelphia, PA 19107

o On behalf of person(s) aggrieved whose identity is

CONFIDENTIAL (29 CFR § 1601.7(a))

EEOC Charge No. EEOC Representative
Charles Brown, III,

Telephone No.

17C-2006-01070 State & Local Coordinator (215) 440-2842
THE EEOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON:

o o o D o o o
D

The facts alleged in the charge fail to stale a claim under any of the statutes enforced by the EEOC.
Your allegations did not involve a disability as defined by the Americans with Disabilities Act.

The Respondent employs less than the required number of employees or is not otherwise covered by the statules.
Your charge was not timely filed with EEOC: in other words, you waited too long after

the date(s) of Ihe alleged discrimination to fie your

charge.
Having been given 30 days in which 10 respond, you failed to provide information, failed to appear or

be available for

intervíews/conferences, or otherwse failed 10 cooperale to Ihe extent that it was not possible to resolve your charge.

While reasonable effort were made to locale you, we were not able to do so.
You were given 30 days to accept a reasonable selllement offer thai affords full relief for the harm you alleged.

The EEOC issues the following determination: Based upon its investigalion, the EEOC is unable to conclude that the information obtained
establishes violations of the statutes. This does not certify that the respondent is in compliance with the stalues. No finding is made as to any other issues Ihal might be construed as having been raised by this charge.

W The EEOC has adopted the findings of the stale or local fair employment practices agency that investigated Ihis charge.

D Other (brefly state)
- NOTICE OF SUIT RIGHTS (See the additional information attached to this fonn.)

Title VII, the Americans with Disabilties Act, and/or the Age Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we wil send you. You may file a lawsuit against the respondent(s) under

federal law based on this charge in federal or state court. Your lawsuit must be filed WITHIN 90 DAYS of your receipt
of this Notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a state claim may be different.)

Equal Pay Act (EPA): EPA suits must be filed in federal or state court within 2 years (3 years for willful violations)öf the
alleged EP A underpayment. This means that backpay due for any violations that occurred more than 2 years (3 yearm

before you file suit may not be collectible. '

1 fòn b~e Commission 1C\: L ~1.. iJ l)Vlc.SP;: August 8, 2007
Enclosure(s)

Marie M. Tomasso,

(Date Mailed)

District Director
cc: DOVER DOWNS PO BOX 843 DOVER, DE 19903

Case 1:07-cv-00719-SLR

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Case 1 :07 -cv-007¡ ;:-SLR Document 1-2

Filed 11/07/2007 Page 2 of 14

OVER DOWNS~
HOTEl & CASINO

May 5, 2006

To Whom It May Concern:
Faye D. White was a full-time employee of Dover Downs, Inc. Her dates of employment were from 8/28/00 to 5/5/06. She was employed as a Security

Officer. Her rate of pay was $10.20 per hour.

Sincerely,

"':,J~,'~
Susan M. Muncey HR Representative

Ism

P.O. Box 1412. DOVER, DEL.AWARE 19903
PHONE: 302-674-4600

Case 1:07-cv-00719-SLR
Case 1 :07 -CV-007ï ~-SLR

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Filed 11/07/2007

EEOC Foim 5 (5I1J

..

CHARGE OF DISCRIMINATION
This for is afeced by lle Pracy Ac of 1974. See B1clos Privacy Ac .

Charge Presented To:

Agency(ies) Charge No(s):

Statemt and other infoilion tioce copleng tiils foi.

(K FEPA

~ EEOC

17C-2006-01070
and EEOC

Delaware Departnt of labor stte or fo Age, if any
Name (Tná/9 Mr.: Ms., Mrs.)

Ho Phe (Inc. Ar Co)

O:e of Sinh

Ms. FayeD. White
stree Addres

(302) 382.,594
- .~.---.

-1942
......---,,-_.-..
-~.--_..

.~.G, ;:ox-26r, DC 19903
. Named is the Empyer,

-~-~-

Ci, Ste and ZJP Co
_._-

_,.._._u.,,_,_...

Labor OTgari;Employment Agef, AppenipComiee; Qr.Stale or Locl GoeminAgen Tht i Beleve

..

Disriminated Agains Me or Olher. (I more than two, list under PARTICULARS be/ow.) .
Name.

DOVER DOWNS
Stree Addr8ß

No. Em, Me 15 -100

Phon No. i"ncud Al Cod)

(302) 674-OQ,

Cily, Stae an zip Coe.

Po Box 84,
Name

Dover, DE'19903 .

."
No. Empl, Mebe

Phne No. (/riud Ar Co)

Street Addres

Cit, Sle and zip Coe

,/

~

._-

-_......_.
DISCRIMINATIO BASED ON (C/i apate OO)((es).
DATE:(S) DISCRIMINATIO TOOK PLACE

Earlie
o RELIGION
DtSA1UTY

Lates

DRACE
I

D COLOR

o RETALIATIO

(8SEX DAGE

0

o NATIONORIGJN

01-11-2005

05-020\1'
..

D eTHER (Spe Ó''t)
D C(iNTNUING ACTON

THE PARTIClAS ARE (1(1KaJ papeis ne, ai ext shs);'

Charging par's protctoo elss: Sex (female), Dis.
Adverse emloyi ac: Harl't (Hose Wor

Jurisdicton: Charging Part wa employed at Resondens Dover, DE location from 088/2000-04/3012.
Env.ionmen). T eo and Conon. Dirg.

hosle work enýirOfll1eft. chng th ter and ccnd ofli empIDß1l.an!h di hi. Charging Paitstates Manaer Chares
Charging par to verbl haraent cong her sex . .badge on her wais and het dibili.. Due

Bref statemnt of alleons: Chaging Party wa àíminated agaJns .b on her sex (femle) and disty when Resndent subjed her 10.6
to he disil, Charing Par was requied to wear her me ser-rr

Mosey (male) bean subng her to numerous Inc of haramen upo disông deil of il employmet tile. Mr. Moey began subj-¡'!ing

as analemat .¡res.appranc to 'her. unifon. On numerou oc, Mr. Mo commeed to Chrging par tt $he mu
,".

. - view herslf as ~Some so of deece

becus she wa tt only se off peed to we he bad.ge.Qf her wa Whn Chargin P;i

requesed to utize lh falit'l résooms due to her dis,

Mr. Moy woufTequeco.to Clgi Part OoCMín this. On SlffefOl

OCons, Mr. Mosey slatèd 10 Chaging Part thI, "All you wonn'have.to go to ~ baUiroo al of th lim.' Mr. Moey would als freqntly

complain o\têr Respo~ seit .radIo freqy lr res\oChgi pars r-,. dIng ctiyPars diilit to an th.serit
employees. Wherf Chargli: Par noted ManaerEn Sa'(ni) 1h 6l (fKln't feego bu ttat sle wa stl a~ 10 peorm 1I esl .

funcons of her duies, Mr. Sa' reevs her of her òi;es an th jsed her a wren remaoo. Chrgng par was .lhen óiarged as a preieXl tc

mask disminatin ba up her sex .aid diit. .
managemen penne

Respoodets explanti: Human Resur Repree Nicoe Romo discrg Cb par due to "oc.' .

Applicable lawts): TitV1l of1he CM Ri Ac ot196. asameD; th stae of Oe's Dibriia in Emplymen "'-- as amed. dios wa
Comaratorls) or oter sp rea5Os)ro aHeg di~naChagir Part's emplOe fie dels an by

to Chagi P~s coJc aß ot. maagers. Upon M( l\y'dis of tb.inoifi in Ghargi~ Pars fi,
wa awre afthe'inormnin her employ me. Mr. Mosthbe.sing Chging Par to .the
when a riemployee, Se Off Dawn (Unkn La Nam), mated to coer ove

meica informtin

.aforementionèd acion lß.ste was disargedfrom he dulI: .Mr. Moss numer òeO£oi.~ an respoe acton jndi .a
disabiit were disos to aU coer

Mr. Mosley disos to Chargg Par thl he

predision to disinate ba up Ch pars seand ôisli. Add,Ciar Pa stles !h in ÌO, th sp at he toe sewi

. d eparments rad freqen that Chagi par wa ~rnbl to.pom a spßc du in th fac "Har Ctunt Roo" .bit wo af he

disability. Charging Part states that in that statement, Dan dised sp Inforaton cong Charging Partl5 disbili that was in he medic
records.

, want this charge filed wi boll tM E.EOC and the Stte or\o A¡~, if any. I
will advse the agences jf I chge my addess or phone nwnarand I wiCQpeaJe fllly wil1em in the procesing of my chge in accordance wítha- procures.

I declare under penalt of peury tlat the aboe is tre and .coect. .

. .

NOTAR - W1 ii fo Slte an L. Ag Rets
i swr OJ aff that I have read the above charge and i: ,¡is tre \0

the be 6r.my kned, inromlion and belie. .

SIGNATUR OF COINANT
SWOR TO BEFORE ME THIS DATE

SUBSRIBED AND

Jun 21, 2000
Dare
ctlTing par Signature

(mont1, day, )lry

Case 1:07-cv-00719-SLR
Case 1 :07 -cv-007i ;:-SLR

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~nulruor' ß

~ffrl

1lTf~:~;'ft'M ~c'!rR-.s:rRRe.l,m.¡y~~s;'~i!AJ!p QqM.t, ($nR':!ll,l;
liiHìPrlUll. "im a ~u."t cI r.rimmri" Plpoc

;a C¡oanty at No, 75-03-1624, -- __m
~~jio-4, s1 0. one J!toujanc! 'Jne kunded and seventy-five

in amd ß1' tI (Count 0/ Philadelphia lield at Philadelphia ';n

a ce"ta.ln _._.. FAYE ~:_\-!'i-TE_ ...tN;i ccrvtded tlli.em a ce.'ku.

.Adtd-n,enL _cliiMili¡. her ii:ith die IY.:))P -0/ Voluntary Manslaughter
and U(.(1j k)j tl,Æ jai Ctowl on tlie 25th
M¡¡ 0/
S"pteinhe,-

-~#Ç). one

thouóa"d nine _Ii£l.idl" am4 ~v:enty-f~ve

l/iØ?u/ion jenlen.od her l-o,f a ßl- 0/ 10 the
C¡O?n/117onttea£û( tlÍe C.G 0/ /t'ltXtdÙ;n a4i. Sevt.n-Jears .lJon-reDortinsQbQ.~

Anù ElQl'rFU.a. ,o/e fØ(Xd 0/ &(i1'do~, ajte1' II11 lieWlf/¡-, u/tO?i due /tul.'c no. ú'c, and ài ojin cH~jio, lta¡iff 1'ommlYded 10 mp. in ,,'nlt/nfl', uui/i the 1'ea~on~

thnel01. at lenfltk, lIze ji'ldon 01 the 1aid _____..___..__.m____._m_.
ud;.i Jlom.me'".d Ú'OI

FAYE D. WHITE

, a.iid 'leaJoli.llza,¡,e ¿eeii /i/pd in tl¡", ('lIre 0/ the .!iealtmanl

C§CY.e'M1'.

UJl11'l1for1. tKnoUJ 1jr. !fud i/n cO'~,de",dr;on 0/ tI,e /i'Jemi-eJ ønd 6;y 1U;UttA 0/ tli a.uthO'Y 1Je,td tn tne ?¡ the C6'~nJ(it,d¿oJt, f h.(.ue /,am:wned the Ja

o/' the c"'me -Wfi8?eo/ waj conv.led O-j ali,'euÚd, and
and void.

,;? J she
,.~.~,.-? '"

FAYE D, WHITE

she

,j ii6l thpol Il,y !ia/X.oned a.ccouÚ'-nly. Subsequent to the date I affix my signatufe below, conVíction for a new gúmfary, misdemeanor, or felony offense may, upon a hearing by the Board of Pardons, render my granting of this clemency null

i l'.:=" ;:: ~::~:~

f i,.~:/' .~

'(~,,ý ~ -"' ".""
,~

~''".S:'ì-.. .;/~. '" ~.:~n~-~~

~(Ult1 ,,iutl' my Irrwrf and tli. 'lYea'¿ Y;a( 0/ ¿he

'..
',,:'t~

Ytaú, at l/¡e e&~,1 0/ !)""""I¡'II/''j' tilt, twe n t y - e i 9 h t h

. ~..r:,~._,l.' ."f""_w .. 7 ; .
-"' - ~ - .. r~ '1...._

.......'0..

....~,~

J'\ (¡ "'"~':-;"';':""~ '
':~.'\J J'._...,r.! \~.,' ,d\~i,I',C. '::- '.'

day 01 January i.n ¡he yea'/ 0/ 0"'1' YIY'¿ one. Ih-otl'Jd iiiii.e lu.l.llct,(!d amd ninety-three
fØ /r ti C§o-U(J7W1:

.:t,~4i(~

~~
.: ~ ~

l~Ur~ § I~Z"~"l'~?',"j,y~'a" 'DEPUTY y:.~~Ia~;¡ .¡ tÁ. e~7mnø-"",,(tÁ

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Case 1 :07 -cv-007', ::-SLR Document 1-2

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., ~
l~l~': .-~:~' ~.'~,l

J l- L- -' J

Î _ 7) C3 LJ¡

.. ...:. 'S-,"

ft. .". .,. ~~/,:;'

c c 0~i 1 (j, i -; -' 1- r¡
! N THE COURT OF COMMON PLEAS CRIMINAL TRIAL DIVISION

COMMONWEALTH OF PENNSYLVANIA

vs.
FAYE D. WHITE 6037 WEST THOMPSON STREET PHILADELPHIA t PA. 19151

. r" ,-" -. CP75-03-1624 iíi:~;C~\_.'~~L"~/;.-LJ
pp# 50020 i
FtB 1 3 109') ,~ .)
Gi-;;~': . . .. ..

.~i' -i '"' '..-, .... ......., r... .... ,;......' ¡- (vLJI..I-,II.. ,-. ..........~.'-.~Jt

¿dAND NOW',

ORDER

this

P,'.(ÍL.

day

/ lk'-,( tJ rf'( 1993, of J:""~._...:;ïCii~A

upon consideration Of the within petition and upon motion of
FAYE D. WHITE, Petitioner, it is ORDERED AND DECREED that Ricbard

Neal, Commissionr of Philadelphia Police and Glenn Walp, Com-

missioner of Pennsylvania State Police destroy or deliver to
the Petitioner or h&r. representative, al~. criminal records,

fingerprints. photographic plates and photographs pertaining
to the arrest (8) of March 1, 1975, and that the Commissioner

request that the Federal Bureau of Investigation return all
records

pertaining to the same .arrest (8) for destruction by

the Pennsylvania .State police, and that William Fisher, Deputy
Court Administator i Date Process::ng Uni t, bave the same renioved

from computer indexes maintained by this Court.

BY THE Cp~R'n:
REBv 1 of the 0l..g tl . L HECERTIFY..the foregom '.. i

v' / .-'î

a -.s i e
;;~. "Co

. V to \It

tre and correct copy £'1 d o' S(\t\.

, .. '/1 :/'"

,0 --\ /~ f i. i /
L l ,!

1/

/

;' /

rt ..---" QUMHER SESSIONS COURT

-- - PRO CLERK

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.i...l........
..., ..

( i: i. I

. I ."" : ~ :. ~ ~ ~ r; . J.

PAGE 26
./

l r ,;1, i eLfl

OAILY
voted ror her bad \0 with.
draw his vote because be bad

TUESDA Y

Battered widow won't give up her fight for pardon
"Yet because Ihis widow.
troubled me, i \ViII avenge her, lest by her conlinual
(-.~
, ;

served asher lawyer year
earlier.
There's no guarantee she

will persuade !be I wo peple

wbo have voted against her petition or that the governor
would theD grant ii.
Believing things will gel

better keep"1 ber coming
baCK. But lls also aD element
in her tragedy. If she hadn't

believed her husband would

cbange, she may have run for
her lire and s!lved his.

coming she weary me .. ."
- Lake 18:5

"She bad taken so much

. ).

abuse for years nnd years," Justice Stout recalled.
") could not find her not

. the Pennsylvania

ßoard of P!lrdons will get weary be11 aye White believes

guilty under the law and It
wasn't a self defense case.

fore she does. Like

" But there had been such a . .
sad history of abuse."

the widow In her favorite
Bible passage, she figures to . .
L
wear them down by.

her con-:.:

Says White: "I understand' buttered women. People say

I.
L !

tlnual coming. .. .
Bet on it: '. She's one o( these people

. Er.ma SM
sequences .or the sudden net,

why don't they just leave?

ßut where do you go. when

¡ .

who thinks the bottom is jusi something to bounce orf. The. board has twice denied her

you have four lages 8-H a tbe lImel children.

that killed their father and
nal in the eyes of (he law.

made their mother a crimI.

"I don't know bow a lot of . women reel, but i always had
hoped that things would

petitions ror a pardon from a
1975 voluntary manslaughter

conviction.
But she figures they caD
~. .

Even retired state Supreme
Court Justice Juanita Kidd

change. I never gave up bope. "For years, I jived in pollee

Stout, who was a Common

stallons aDd hospitals. I
1hought he ~ould kill me

say "no" only so m!lny times.

They know she has rewo-

Pleas Court judge when she
sentenced Whi te to seven

lbat day. Those police reports

. ven the frayed fabric of five
tattered Ii Yes, single.handed.
Iy protecting her four oldest children frOm the worst con-

years probation, "strongly" recommended her pardon in lellers to the board calling White "Iaw.abiding, consclenlious aDd trustworthy.

saved me out of jaiL. "But i kuew it wasn't !Ill his.

and hospital reports probably,
rault. He spent his life trying
to find a rather he never Iiew. That hurt him so he

,

:', ~

!. '
f'

. every time she comes up," . Justice Stout said yesterday. "I'm for faye While 10i perceiirall the way."

"Abd I will support her

struck out al me."

oltacks, been tbrough another failed marriage arid
has seen her business (ail for
She thinks tbat ¡fshe didn't
have a cri m i nal record, she
lack or fiDancing.

She bas suffered two heart

. So far, supportive tetlers

from Stout and doiens of rell.
gious aDd comipunity leaders

have DOl been enough. .'

Nor has the board been sur..
riciently swayed by Whi te's

might find a good job to provide ror berseir and her i 1yeDr-old daughteI.
"Milybe i could find some.

years or communiiy service
in projects for battered

women; her is years as Democraiic committeewoman for the 34lh ward, 6th division;'
as Oemocraiic stale camml1-

thing helping baltered
could help them."

women. r really btlieve i
I'd bel on Ii.
Il

senaiorial districl.

lee person In tlle lih siate
She's been close. In 1989,

she won i he bOMd's recom.

White. . . 'helps others'

mendation only to have n re-

Elmer Smith is associate edl. ; lor of the Daily News Opinion: PiigCS. His column appeai s ..
every Tuesday and Thursday.

versed when a mem ber who

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Jm~:

~:Y~ ~
(Retired)
Dear Faye,
:1.
:: ."1. "

~~~~~uÀ
..:' ':.1

. ~~~~m~l.fl¿~iMm.'~r.:~£ì'-~. ,

"-"..J!!.~~

June 24, 1993
: 'i ~;

I.

Thank you more than words adequately ~an express
,,~. '
for the beautiful and unique gift of

. .,." ,',
,;i)¡.l::.'
:. ,¡;'\~:...:.: . .' '.i- ~. -. .:"~'~' . , ...

'the leathar-

bound Bible and for your heartwarming letter. I am most appreciative for both of ~hem and apologize for the delay in wri t ing. Your gi ft and letter arrived as I was ieaving for Oklahoma.

':d,:

"\d~r:'~." ·

; l' .

"., ',l .,'

¡' .,1

~ ,~; r .

.... .-(:i!

Despi te my sincere grati tude for all of the kind things you said about me, in my opinion you are gi ving me much too much crecti t. Your success is as a result of your steadfast bel ief in God, which I share; your good character, your hard work, your kind heart, and your determination to overcome a sad situation which was not your fauit in the first

place. Keep on keeping on. You have not reached
the 1 imi t of your potential yet.

always.

I am glad you are my friend.

I shaii be yours

Most

'. ...

.,.

-O--T ;'~:~1?;Td.nQ~T; ::~ ~ :, i

? ':;¡r.y:~: - . .~;'G :~,:jVC\:~.::.i:. . , .

i,' .

. ~.

..~. . ( :.... i

l'l',

.1 .\ ..,

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On 01/11/06 approximately 1720 hours, I got on the radio and stated "Faye off the floor for a personaL" I used the restroom and noticed the toilet leakng and then left the bathroom and approached the Delmarva cleaning lady to tell her about the water on the Door. At this point I was stil in my area between the BCT. The next thing is I heard Charles Mosley come over the radio and sLLte "Faye what is your location". I got back. on the radio and stated "BCT" and I'm in my area" and Charles M. stated "No your

never in

your area and st::ned "Your Location" and I (Faye) stated "BCT". Then I noticed Charles head over the slot machines and then I said G~! the radio "Charles I'm looking right at
you". He then approached me in a hostile maner and I explained to him about toilet in

the wall and I stated "excuse me" and started walking away. He was using a tone of voice that I thought was inappropriate in an 'area where the customers are. So, I continued walking heading towards the podium.. At this time I am still in my section and now going to my next section which was "DEF". Charles is now still behind me and beginning to yell and scream stating "you are never in your section, you don't do this, you don't do that." I then turnéd around and said Charles you're not going to harass me tonight, your not going to do this tonight to me. Charles then walked past me and turned around and stood in front of me. I said excuse me and walked around him. He was waving his hands saying "you come in here, come here". I stated I am not corring in there by myself, you can get som.;one to come in there with me :ò~id he said no. I .:.dt fearful and afraid. His body languafe anò actions at that particular time, I wasn't going near him. So I was standing at the podium and I said talk to me out
the restroom. Charles then stared talking off

here. Charles then stated you are insubordinate to me and I am going to HR and Faye

you're leaving. Chade's shut the door and started walking from the podiwn going down towards the lottery and I went towards the telTace. 1 didn't want to walk behind because I didn't want to be confronted by him. I then proceeded to Mitch's office, door was
closed, and then went tl) Lee Ford's and that door was closed. Then a surveillance

technician came out the door with dinner in his hands and I started to begin to tell.him what happened because I was scared of Charles Mosley. I then went back on the floor towards my section and I saw Charles. Charles called me on The radio and said "Faye.
come to the office" and I said "Faye on the way". I approached the offce and he said

come in here and I said no, you can talk to me out here. I went to the door and I don't remember what happened from there. I do know that on the desk my ID and papers where on the desk and I asked Charles for my pace maker card and ID to carry a weapon. 'I said what am ! suspended and he Charles said now you need to leave off the floor. And said yes you are suspended. I asked him, do you want me to sign out and he said i don't Mitch and I spoke to Mitch. Mitch then care what you do. I then came to HR. HR called explained to me what type of suspension I was on.
.'

/ . 0

,//f1ve ifNi' mte \ . \

.ÍJuI/ I~-"_~_

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lAriõ~

Document 1-2 Filed 11/07/2007

DIVISION OF UNEMPLOYMENT iNSURANCE APPEALS 4425 N. MARKET STREET P. O. BOX 9950 WILMINGTON, DE 19809

REFEREE'S DECISION
CLAIMANT
Faye D. White

APPEAL DQCKELl'-rlJ.~ER~ 438212

C/O A Second Chance

POBox J265
! I L

SOCIA SECURlTY NO. 0886
PATE OF CLAIM: 05-'Q7-2006 ....__.._...

I Dover, DE 19903-1265

DA TE OEAPPEAL: 06-l2-2006

EMPLOYER
r Dover Downs

DATE OF HEARIG: 07-11-2006

i C/O TALX UC Express
IP 0 Box 283
i

PLACE_QEHEAl3G: Dover
DATE DECISION MAILED: 07-12-2006

I St. Louis, MO 63166-0283

LASTRAY TO EIL.EANAPEEAl.:. 07-22-2006

L

RJGHT OF FURTHER APPEALS,
. Section 3318, Title 19, Delaware Code, provides that any interested par involved, the claimant, the
employer, or the Claims Deputy has a right of appeal from the decision of

the Referee to the

Unemployment Insurance Appeal Board, aiid further provides thailhe opinion of the Referee "shall .be deemed to be the final decision of the Deparment of Libor unless within i 0 days after the date of
notification or inai ling of such decision further appeal is initiated..." You are, therefore, hereby notified that if an appeal is not made- within the ien-day period .~pecified by Jaw, all further right to appeal .is lost and the case cannot be reopened. The appeal may be niade al the local offce or directed to Department of Labor, Division of Unemployment Insurance, 4425 N. Market Street, P.O. Box 9950, Wilmington, DE
19809.

APPEARANCES: Bettina C. Ferguson, Appeals Referee; Faye D. White, Claimant; Nicole Romano and Mitch Hill, Employer's Witnesses.
CLAUvS DEPUTY'S DETERMINATION: The claimant was discharged for just cause and is disqualified
from benefits.

ST6-TUTOR)'lKQYlS.LON-.VOL_Vf'D: Title 19, Delaware Code, Section 3314(2),

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APPEAL DOCKET NO.: 438212
SUMMARY OF EVIDENCE

$10.20 an hour. .
September 26,2005, and March 7,2006.

The claimant was employed by Dover Downs from August 28, 2000 until May 5, 2006 when she was discharged. She last performed services for the employer on May 4,2006. At the time of the claimant's separation, she was a full-time security officer, earning

Nicole Romano, employee relations manager, testified that the claimant was discharged . on Thursday May 5, 2006 for violating the. security department time and attendårce procedwes. The employer practices progressive discipline. On March 29, 2006 the
claimant reached four occurrences by leaving early and was given a verbal warning in

accordance with the employer's policy. She had called out on August 24, 2005,

On April 18, 2006 the claimant received a final written warning and a tJu'ee-day

considered a no callno show. On April 4, 2006' she suspension for calling out and being called out 35 minutes late. She was in the emergency room. She was supposed to call back, but did not do so until April 5, 2006 at 6: i 8 p.m., two hours and i 8 núnutes after the star of her shift. She was given a final 'written warng due to being considered a no
call/no show, not because she had reached her fifth OCGurrence. Reaching her sixth

occurrence would, by itself, have resulted only in a written warning.

warning for having called out on April 29, 2006. The next step could have been termination, but she was' given another
On May 3, 2006 the claimant was given a final wrtten . final written warning because she

had reached six occurences. Reaching seven

occurrences means termination.

The claimant was termnated on May 5, 2006 for leaving her sh.ft early. This meant she
had seven occurrences. Romano stated that the documentation indicates that she left
early due to illness.

'"

Romano. testified that on March 12, 2006 the' claimant signed a sheet stating that she. had
.read the time and attendance policy fórthe security departent. The policy indicates

that .

a person .receives .an occurrence if she is absent with no sick time and no doctor's note or . if the person leave early due to illness. The claimant testified that she signed the sheet, but there was no policy attached.

Romano stated that even if a manager says it is all right for a person to leave, she gets an
comes to the.manager and

occurrence. A manager can give an early out if trungs are slow, but if the employee asks to le¡ive, the employee will get an occurrence. It is riot appropriate. for a mana,ger to refuse permission to leave if an empIoyee is ill, but that

employee will still get an occiirrence.

Mitch Hill, manager of security operations, tesÜfied that normally the secretary puts out the list of employees so that they can sign that they read the po.lcy. The policy is usually

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APPEAL DOCKET NO,: 438212
attached. Occasionally, it may become unattached, but an employee can geta copy of

the

policy jf the employee asks for it. Also, new memos are posted on the board. Hill could not say why the policy was not attached to the sign sheet.
The claimant testified. that on May 3, 2006 she had early lunch and .ate in the paddock. She took ilL. She got to the floor and had sharp pains, like cramps. She then became nauseated. She went into the bathroom and saw a cleaning person there. She asked the
person's help because she was gagging. fhem outbecause she

get had used a product like Fixodent. The claimant made her way to .
She had just gotten new teeth and could not

. Alpha section. There is a phone on the wall and she called Eric, the super'isor.She
asked him whether she could get some ginger ale and that it might make her feel better.

Eric got the ginger ale and the claimant drank it. Eric said he would call an ambulance, but the claimant told him she was feeling okay; she just needed a couple of minutes. Eric told her to come to the office; he would call the rescue squad. The claimant said, "No." The claimant is pennitted frequent bathroom visits due to various health concerns.
. ,Eric told the claimant she could not stay on the floor. The claimant said she would like to

stay. She asked Eric what she could do. She pointed out that if she were written up it

would be the final thing; it would mean termination. Eric told the claimant, "No, I'm the manager." The claimant went to the office and sat down. Eric told her he wanted her to
leave and that he gave her permission to leave. The claimant said she was okay, but Eric

told her she had to leave. The claimant said she had no way home. Eric told her she

could call someone and she did. She told Eric she felt much better. She asked, "Why do
I have to leave?" Eric said she had to. The c.aimant again pointed out that she would be
written.

up'. Eric said, "No, it's okay." Then the lady called who was gòing to pick up the claimant and the claimant went upstairs to get her purse.

.The claimant stated that her protests about leaving were witnessed by several persons.

The claimant was not off the floor that long. It was not the forty minutes that they give
them in a section. The claimant is not sure when she went to lunch but thinks it was
around 6 p.m. Her.

. -

shift started at4 p.!7L.

. not bring up that E~ic gave

The claimant said that when she was terminated, Eric and Romano were there.. She did say, "Now I've her permission. He was looking at her' as if to got you." The claimant protested that she asked to speak to Romano alone that day. On cross-examination, the claimant recalled that she and Romano had spoken fat al hour one-on-one after the termination. The claimant said she did not think it was ptoperto tell

. Romano then about Eric.

Eric did not appear at the hearing.

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APPEAL DOCKET NO.: 438212 FINDINGS OF FACT
The claimant was employed by Dover Downs from August 28, 2000 until May 5, 2006
when she was discharged. The employer practices progressive discipline with steps of

verbal warnng, wrtten warning, final written warning and suspension, and termination. . Being absent without sick time or a doctor's note results in an occurrence as does leaving early due to illness. Reaching seven occurrences results in termination.
warning on May 3, 2006 for calling out on April 29, 2006. She had reached six oCcurrences for violations of the employer's attendance
The claimant was put on a final.

policy.

The claimant has various health problems. On May 3, 2006, after her lunch, she felt ill.
She told the supervisor and asked him for some ginger ginger ale and felt she would

ale. The claimant dran the

be okay in a few minutes. However, the supervisorinsIsted .

that the claimant could not work on the floor and needed to leave, perhaps in an
ambulance. The claimant protested more than once that she did not want to'leave and and terminated. The supervisor assured her that it would be that she would be written up

okay. The claimant left and was discharged on May 5, 2006 for reaching seven
occurrences.

CONCLUSIONS OF LA W

SECTION 3314(2), TITLE 19; DELA'V ARE CODE, PROVIDES AS FOLLOWS:

AN INDIVIDUAL SHALL BE DISQUALIFIED FOR BENEFITS:

For the week in which the individual was discharged from the individual's work for just cause in connection with the individual's work and for each week thereafter unti the ,individual has been employed in each of 4
subsequent .weeks (whether or not consecutive) and hâs . earned wages in covered employment equal to not less
than 4 times the weekly benefit amount.

In a discharge case, the employer must show by a preponderance of evidence that the
exists where the claimant commits a willful or wanton act or engages in a wíIlfül or wanton
claimant was discharged for just cause in co:nection with her work. Just cause

pattern of conduct in violation of the employer's interest, her duty to the employer or her
expected standard of conduct.

The issue in this case is whethtr the claimant's early deparure on May 3, 2006 was an act of willful or wanton misconduct. Ordinarily for there to bea fmding of wiUÚiI or
'wanton misconduct, a prior unequivocal warning is required, putting the employee on
clear notice that a repetition or continuation of certain behavior may lead to dismissaL.

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APPEAL DOCKET NO.: 438212

The fuction of the warning is twofold. First, it provides the employee with the
information she needs to conform her conduct to what is required and thereby keep her
job. Second, it permits an inference of willful or wanton misconduct if the offending

behavior is subsequently repeated. Here, the claimant received a clear final warning and

knew that leaving early could result in her dismissaL. Rowever, she was assured by her supervisor that she would not be wrtten up and would not be considered to have violated

the final waring; The supervisoi:,also insisted tht. the claimant leave, despite. her.
ILrotestations that she did not want to. For these reasons, the claimant's leaving early on
, May 3, 2006 canot, be seen as wilful or wanton ~!lSCÓ~?uct. Because such misconduct

. has. not- been demonstrated, there was no just cause for the claimant's discharge froin
~mpi.oyment.

DECISION.
The

decision of the Claims Deputy is REVERSED:. The claimant was discharged from

'her Work without just cause in connection witl~r:work. Therefore, the claimant is from receiving unemploymênt insurance benefits pursuant to DISQUALIFIED NOT
Section 3314(2), Title 19, Delaware Code and will be eligible to receive benefits for each
week of unemployment insurance benefits claimed for which the

division detem1Iiies she

meets the eligibility requirements of Section 33 i 5, Title 19, Delaware Code. The division shall issue a determination for any week(s) of unemployment insurance benefits claimed for which the claimant is subsequently deemed ineligible to receive benefits.

Bettina C. Ferguson
Appeals Referee

(Sf

BCF

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Case 1 :07-cv-0071 t1-SLR Document 1-2 Filed 11/07/2007 Page 14 of 14

IN TH SUEROR COuRT OF TH STATE

IN AN FOR KE COUN

OF DELWAR .

~f~t~.~' y(fh'~
'J

) )

) Civi Action No. Cy,C -C\o-03\_\~o\ .. ).
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EXHIBIT B

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWAR
FAYE D. WHITE,

Plaintiff,
v.

Civil Action No.: 07-719-SLR

DOVER DOWNS, INC.

Defendant.

FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF FAYE D. WHITE
Pursuant to Rule 33 of the Federal Rules of

Civil Procedure, Defendant Dover Downs,

Inc. ("Dover Downs") requests that Plaintiff

Faye D, White ("Plaintiff' or "you") answer the

following interrogatories within thirty (30) days of service hereof and in accordance with the
instructions set forth below.

INSTRUCTIONS
1. Pursuant to Federal Rule of

Civil Procedure 26(e), these interrogatories are

deemed to be continuing so as to require supplemental answers in the event Plaintiff or her representatives (including counsel) learn additional facts not set forth in her answers or discover
that information given in her answers is erroneous.
2. Each interrogatory is to be answered separately and as completely as possible.

The fact that investigation is continuing or that discovery is incomplete shall not be used as an

excuse for failure to answer as fully as possible. The omission of any name, fact or other
information from the answers shall be deemed a representation that such name, fact or item was

not known to Plaintiff, her counsel, or other representatives at the time of service of the answers.

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INTERROGATORIES
1. Identify each person you believe has knowledge or information of any facts

relating to the allegations in your Complaint by providing the name, address, and home and

business telephone numbers of each such person, and a detailed description ofthe knowledge or
information believed to be possessed by each person.

2. Identify all persons you expect to have testify as witnesses in this matter and

summarize the facts to which you expect each individual will testify.

3. Identify all documents relevant to the contentions in your Complaint.

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4, Identify all doctors, including physicians, specialists, physical therapists,

psychologists, psychiatrists, counselors or other therapists who have treated you or with whom you have consulted since August 28, 2000, including the dates of treatment and the reasons for

the consultation or treatment. List each practitioner's address and telephone number.

5. What injuries or damages do you claim in this action? Specify the basis for each
item of damages and provide a calculation for each amount of

monetary damages.

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6. Describe in detail your efforts to secure other employment either during or after

your employment with Dover Downs, including but not limited to the name and address of
employers with whom you had interviews and/or submitted inquiries or employment applications
and dates thereof, and a description of

the position which you sought and its corresponding

compensation.

7. Do you contend that you were discriminated against as a result of a disability? If

so, describe in detail your alleged "disability," including the name of your disability, when you were diagnosed with the disability, and the ways in which your disability impacted your ability
to work at Dover Downs.

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8. Did you discuss your "disability" with any employee of

Dover Downs between

August 28, 2000, and the present? If so, identify the employees of Dover Downs with whom you

had such a discussion and state when the discussion occurred,

9. Describe in detail all employment and other income-producing activities that you

have engaged in since January 1, 2003, including but not limited to identifying the employer's or
payor's name,

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10. Describe in detail any other lawsuit or administrative agency actions in which you
were or are a party including but not limited to: (a) the name of

the action and its court or

agency number; (b) the court or agency in which the action was fied; (c) the nature of the action;
(d) the date the action was filed; (e) whether you were a plaintiff, complainant, defendant,

respondent or other third party in the action; (f) the present status ofthe case; (g) the resolution
of the action if applicable; (h) whether you gave any testimony at, for example, a fact-finding,
hearing, tral, or deposition; and (i) the final disposition of

the action, including any monetar

and/or non-monetary award made against or in favor of you.

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11. Identify each expert witness that you intend to use at the time of trial and for each

such expert, attach a description of

his

/her credentials and report.

R. Montgo ldson (#4367)
Of Counsel:

rdonaldso mmwr. com

Edward T. Ellis (Pa. Id. No. 23680) Carmon M. Harvey (Pa. Id. No. 91444)
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

Lisa Zwally Brown (#4328) lzbrown(lmmwr. com
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

Philadelphia, P A 19109
Tel: (215) 772-1500

1105 N, Market Street, Suite 1500 Wilmington, DE 19801-1607 Tel: (302) 504-7800
Fax: (302) 504-7820

Attorneys for Defendant Dover Downs, Inc.

DATED: April

3, 2008

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CERTIFICATE OF SERVICE
I, Lisa Zwally Brown, hereby certify that, on the 3rd day of April, 2008, I served a true
and correct copy of the foregoing Defendant's First Set of

Interrogatories Directed to Plaintiff

Faye D. White by U.S. First Class Mail, postage prepaid, upon the Plaintiff at the following
address:

Faye D. White P.O. Box 1265 Dover, DE 19903

/s/ Lisa Zwallv Brown Lisa Zwally Brown (#4328) Izbrown(lmmwr, com

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EXHIBIT C

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
FAYE D. WHITE,

Plaintiff,
v.

Civil Action No.: 07-719-SLR

DOVER DOWNS, INC,

Defendant.

FIRST SET OF DOCUMENT REQUESTS DIRECTED TO PLAINTIFF FAYE D. WHITE
Pursuant to Rule 34 ofthe Federal Rules of Civil Procedure, Defendant Dover Downs,
Inc. ("Dover Downs" or "Defendant") requests that Plaintiff

Faye D. White ("Plaintiff' or

"you") respond to the following document requests and provide the following documents within
thirty (30) days of service hereof and in accordance with the instructions set forth below.

INSTRUCTIONS
1. If you maintain that any document or record was, but is no longer, in existence, in

your possession, or subject to your control, state whether it:
(a) is missing or lost;

(b) has been destroyed;
(c) has been transferred, voluntarily or involuntarily, to others; or

(d) has otherwise been disposed of.
In each instance, set forth the contents of the document and the location of any copies of

the

document, and describe the circumstances surrounding its disposition, stating the date of its
disposition, any authorization therefor, the person or persons responsible for such disposition,
and the policy, rule, order, or other authority by which such disposition was made,

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-- ---------..-----i------Pt-suanHe-F-eàer-al-Rule-ef-Gi-vi-lfeeedar-iéEe),e-:QGUnt-R-eaUest-sFe------------ ---

continuing so as to require supplemental responses in the event you or your representatives or agents (including counsel) learn additional facts or obtain additional documents not identified in

your responses or discover that your responses are incomplete. In that case, all such additional
documents are to be produced immediately.
3. To the extent that you contend that the documents sought by these Document

Requests are privileged, irrelevant, not required to be produced in discovery, and/or otherwise

not the proper subject of a response by you, you must provide as complete an answer as you
contend is permissible under the Federal Rules of Civil Procedure.
4, The terms "document" and "documents" have the same full meaning as in Rule

34(a) of

the Federal Rules of Civil Procedure, and include, without limitation, all materials

concerning the subj ect matter of each of the following Document Requests, whether originating

with or received by you and whether incorporated or otherwise, and shall be deemed to refer to,

inter alia, correspondence, records, reports, memoranda, notes, diaries, studies, directives,
bulletins, manuals, notebooks, drawings, logs, financial statements, books of accounts, vouchers,
cancelled checks, invoices, fies, forms, tabulations, electronic mail, computer diskettes, CD-

ROMS, any form of magnetic, digital or optical data storage device, and any other wrting,
regardless of the manner in which produced, whether handwritten, typed, printed, or produced by
any other process and photographs, sound or video records, tapes or films.
5. The term "Defendant's Interrogatories" refers to the First Set of

Interrogatories

Directed to Plaintiff

Faye D. White dated April 3,2008.

DOCUMENT REQUESTS
1. All documents relating to your employment with Dover Downs.

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2. All documents that you contend support the claims alleged in your Complaint.

3. All documents exchanged between you (including but not limited to your

attorneys and other representatives) and any state or federal agency or deparment concerning
Defendant, including but not limited to claims for unemployment compensation, workers' compensation, and discrimination since August 28, 2000.
4. To the extent not produced in response to the requests above, all documents in

your possession, custody, or control relating to Defendant, including but not limited to
documents relating to former or current employees of

Dover Downs, documents relating to your

job responsibilities while employed by Dover Downs, documents relating to your job
performance while employed by Dover Downs, and any diary, log, or notes kept by you.
5. To the extent not produced in response to the requests above, all documents

relating to your job transfers and/or changes in job assignents, responsibilities, or duties while
employed with Dover Downs.
6. All documents relating to your claims of

harassment and discrimination based on

your sex and disability, including but not limited to any complaints you made to or about other
Dover Downs employees.
7. If

you have described physical or psychological injures in response to

Interrogatory No.5 (which is served separately), then provide all documents relating to your
medical or psychological condition(s) and execute a form for release of

medical records as to

each healthcare or mental health professional identified in response to Interrogatory No.4 (copy
of form attached).
8. All documents relating to any other damages that you allege result from Dover

Downs' alleged conduct.

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9. All documents relating to any employment that you have obtained or applied for

durng or after your employment with Dover Downs, including but not limited to your resume

and all correspondence with prospective employers.
10. All documents relating to or evidencing income earned by you from January 1,

2003 to the present, including but not limited to pay stubs and IRS Forms 1040, W-2 and 1099.
II. All documents identified or referred to in your Responses to Defendant's

Interrogatories, or referred to or requested to be identified in Defendant's Interrogatories.
12. The reports of all experts expected to testify in the trial of

the above matter and all

drafts thereof.
13. All documents that you intend to use as exhibits at the trial of

this case.

R. Montgom y Donal on (#4367)
Of Counsel:
rdonaldson(l mwr,com

Edward T. Ellis (Fa. Id. No. 23680) Caron M. Harvey (Pa. Id. No. 91444)
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

Lisa Zwally Brown (#4328) Izbrown(lmmwr, com
MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

Philadelphia, P A 19109 Tel: (215) 772-1500

1105 N. Market Street, Suite 1500 Wilmington, DE 19801-1607 Tel: (302) 504-7800
Fax: (302) 504-7820

Attorneys for Defendant Dover Downs, Inc,

DATED: April 3, 2008

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PARTICIPANT AUTHORIZATION FORM
Participant Name: Fave D. White
Address: P.O. Box 1265. Dover. DE 11903
Home Telephone Number: Work Telephone Number:
E-mail :

Birth Date:

MM/ DD /YR

Paricipant Identification Number and/or Social Security Number:
By signing this authorization form I authorize the person(s) and/or organization(s) described below to use and/or disclose my health information (information that constitutes the Administrative Simplification protected health information as defined in the Privacy Rule of
provisions of the Health Insurance Portability and Accountability Act of 1996) in the maner

described below, I understand that I am under no obligation to sign this form, The person(s) and/or organization(s) described below who I am authorizing to use and/or disclose my information may not condition treatment, payment, enrollment in a health plan or eligibility for health care benefits on my decision to sign this authorization, except as follows:

. A health plan may condition enrollment in the health plan or eligibility for benefits on this
authorization if I am not yet enrolled in the health plan, the purose of this authorization is to

allow the health plan to obtain the information it needs to make an eligibility, enrollment, underwting or risk rating determination and psychotherapy notes are not requested. If I refuse to sign this authorization for that purpose, I may be denied enrollment in the health plan or eligibility for health care benefits.

I have signed this form voluntarily to document my wishes regarding the use and/or
disclosure of the health information described below in Section 1 of this form.
1, Description of Health Information I Authorize to be Used or Disclosed. The

the health information I authorize be used and/or disclosed: (Specify and provide a meaningful description.)
following is a specific description of

Anv and all medical records (includin2 all reports. all handwritten and other notes. the complete bilin2 fie and all test results). relatin2 to Fave D. White. DOB 7/21/42. S8#20832-0886 and to permit them to examine the orI1?:nals of all such records. and to photostat

and copy the same.
2. Persons/Organizations Authorized to Use and/or Disclose Mv Health Information.
I authorize the following person(s) and/or organization(s) (or classes of

persons and/or

organizations), including Health Plan, to use and/or disclose the health information described above in Section 1 of this form:

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PARTICIPANT AUTHORIZATION FORM
i

3. Persons/Organizations Authorized to Receive and/or Use Mv Health Information.
I authorize the following person(s) and/or organization(s) (or classes of

persons and/or

organizations) to receive my health information from the person(s) and/or organization(s) described in Section 2 above and to use or disclose such information for the purposes listed the person(s) and/or organization(s) listed this form. I understand that if below in Section 4 of below are not health care providers, health plans or health care clearnghouses subject to federal privacy standards, the health information disclosed pursuant to this authorization may no longer be protected by the federal privacy standards and such person(s) and/or organzation(s) may redisclose my health information without obtaining my authorization:

Monte:omerv. McCracken. Walker & Rhoads. LLP. 123 South Broad Street. Avenue of the
Arts. Philadelphia. PA 19109 (215) 772-1500.

4. Description of

Each Purpose for the Requested Use and/or Disclosure.

I authorize my health information to be used and/or disclosed for the following specific purposes:
Litie:ation in the United States District Court. District of Delaware. titled White v. Dover Downs. Inc.. Civil Action No. 07-719-SLR.
5. Your Rights with Respect to This Authorization.

5.1 Right to Revoke. I understand that I have the right to revoke this authorization at any time. I also understand that my revocation of this authorization must be in

wrting. To obtain a copy of an authorization revocation form I may contact Carmon M. Harvev. Monte:omerv. McCracken. Walker & Rhoads. LLP. 123 South Broad Street. Avenue of the Arts. Philadelphia. PA 19109 (215) 772-1500. I am aware that my revocation my health information that the person(s) wil not be effective as to uses and/or disclosures of this form have already made in reliance and/or organization(s) identified in Sections 2 and 3 of
upon this authorization.

5.2 Right to Receive Copy of This Authorization. I understand that if I agree to sign this authorization, which I am not required to do, I must be provided with a signed copy of it.

6. Expiration of Authorization. This authorization wil expire (choose and complete

one):

o On
MM

/ DD / YR

//

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PARTICIPANT AUTHORIZATION FORM
t8 Upon the occurence of

the following event(s) related to my health care or to the purose(s)

for which I have authorized the use and/or disclosure of

my health information described in
Delaware.

Section 4 of this form:
Upon conclusion of the liti2:ation in the United States District Court. District of

titled White v. D