LeBarron v. Interstate Group, LLC, No. 2:2019cv01739 - Document 109 (D. Nev. 2021)
Court Description: ORDER Granting 108 Joint Pretrial Order. Calendar Call set for 6/22/2022 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 6/27/2022 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 9/28/2021. (Copies have been distributed pursuant to the NEF - JQC)
Download PDF
<![CDATA[
LeBarron v. Interstate Group, LLC Doc. 109 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 1 of 20 1 2 3 4 5 6 7 GABROY LAW OFFICES Christian Gabroy (#8805) Kaine Messer (#14240) The District at Green Valley Ranch 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel (702) 259-7777 Fax (702) 259-7704 christian@gabroy.com kmesser@gabroy.com Attorneys for Plaintiff/Counter-Defendant Russell LeBarron UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 10 RUSSELL LEBARRON, an individual; Plaintiff, 11 vs. 12 INTERSTATE GROUP, LLC; DOES I through X; and ROE Corporations XI through XX, inclusive, 13 Case No.: 2:19-cv-01739-JCM-DJA 14 JOINT PRETRIAL ORDER Defendant. 15 16 INTERSTATE GROUP, LLC; Counterclaimant, 17 vs. 18 RUSSELL LEBARRON, 19 Counter-Defendant. 20 21 22 23 After pretrial proceedings in this case, IT IS SO ORDERED: 24 25 26 27 28 I. This is an action for: Violation of Americans With Disabilities Act / Disability Discrimination / Failure To Accommodate and Retaliation brought by Plaintiff/CounterDefendant Russell LeBarron (“LeBarron”) against Defendant/Counterclaimant Interstate Page 1 of 20 Dockets.Justia.com Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 2 of 20 1 Group, LLC (“Interstate”). Interstate brings a Counterclaim against LeBarron for 2 Conversion and Civil Theft. Interstate alleges LeBarron stole parts from it and advertised 3 them for sale on internet sites. 4 II. 5 Statement of jurisdiction: LeBarron contends this Court has jurisdiction over the ADA 6 discrimination and retaliation claims pursuant to 42 USC § 12117. Interstate contends the 7 Court has jurisdiction over the counterclaim for conversion and civil theft pursuant to 28 8 U.S.C. §1367(a). 9 III. 10 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 11 The following facts are uncontested and admitted by the parties and require no proof: 12 LeBarron was formerly addicted to opiates since about 2012 or 2013. He knows 13 the addiction cost him a lot of money. Interstate manufactures enclosed cargo trailers and 14 parts and sells them at its TrailersPlus store in Las Vegas. LeBarron was hired by 15 Interstate on May 11, 2012. He quit once but Interstate hired him back. LeBarron knew 16 that his attendance was important and that he had to be physically present to sell trailers 17 for Interstate. He understood that he would not get paid if he did not come to work. 18 LeBarron was paid on an hourly plus commission basis for selling trailers and parts. 19 The sales office in Las Vegas was normally comprised of four people. At the time LeBarron 20 was employed, Interstate had no formal leave policies for those four employees. 21 Every day that LeBarron was sick, he would let the store manager know on a daily 22 basis. He was aware that Interstate did not offer paid vacation days other than its six paid 23 holidays. 24 Every month that LeBarron was a part of the health insurance, he had to pay a part 25 of his premium cost. A portion of his premium cost came out of his check every two weeks. 26 Every day that he missed work because he was sick, he would let the store manager know. 27 January 27, 2018 was the last day that LeBarron physically worked at Interstate. 28 He went to Seven Hills Hospital for detox from January 30, 2018 through February 4, 2018. Page 2 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 3 of 20 1 Seven Hills discharged LeBarron on February 4, 2018. It said LeBarron may return to work 2 at Interstate without restrictions on February 8, 2018. When LeBarron checked in to Seven 3 Hills Hospital, his wife communicated with Wes Smith. Wes Smith was LeBarron’s store 4 manager and immediate supervisor. 5 On January 30, 2018, LeBarron’s wife texted Wes and said, “Hi Wes, it’s Stacie. 6 Russell is doing okay he will be out of work for a few days I will know more tomorrow and 7 keep you updated!” 8 On February 2, 2018, Wes asked Stacie, “How is he?” Stacie wrote back and said 9 he was doing well and asked, “Does he need to cooperate to let them know how long he 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 10 will be out?” 11 Wes replied that yes, LeBarron would have to call him or Alex and “let us know how 12 long.” On February 3, 2018, Wes sent a text message stating “Hey Stacie, I need to know 13 what Russ has planned for work. My boss says we need to get some paperwork stating 14 where he is and how long he is expected to be there.” 15 16 Stacie replied, “Hi, he will call you tomorrow, he will be released.” Wes said, “Okay thank you.” 17 On February 8, 2018. Wes said, “Hey Stacie, do you know what Russ has planned 18 for work? Alex wants to know if we need to hire someone else. I have text [sic] Russ and 19 called him.” 20 On February 8, 2018, Stacie responded and said, “He said someone should be 21 calling for him to use his FMLA! I will call when I’m on break to find out, sorry about this 22 but he will be out for 30 or more days!” LeBarron did not know whether he had FMLA. He 23 said FMLA was a suggestion of his counselor at Hope Canyon. The FMLA did not apply 24 to Interstate’s Las Vegas store. 25 Stacie next told Wes, “I have not heard anything from the place he is at All I know 26 is he can’t call out I can’t call in and I can’t get ahold of anyone but I know who’s gonna be 27 out for 30 days far as I know right now” 28 Page 3 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 4 of 20 1 2 Wes then wrote Stacie, “Okay, I did get a letter about 2 hours ago from the facility. It just said he will be there for sometime.” 3 Stacie said, “Wait! what is some-time??” 4 Wes then sent Stacie a photo of the letter from Hope Canyon which said, “Please 5 note that on the 5th of February 2018, Russell LeBarron was admitted into our care at Hope 6 Canyon Recovery. He will be in our care until further notice. Should you have any further 7 questions please feel free to contact us at the number provided below.” 8 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 9 Wes then said to Stacie, “Not some time ha ha. It says will be in our care until further notice. Here is the letter.” 10 Six days later, on February 14, 2018, Alex Mandujano, the District Manager for 11 Interstate, wrote an e-mail to Interstate’s Regional Director Clay Baillie (among others) and 12 said: 13 14 15 16 17 18 19 20 21 22 Hi All, I just wanted to get this information out for all to review. SC Russ LeBarron has been admitted to a facility for treatment and is not communicating with TP staff directly. His spouse has informed SM Wes Smith that they don’t have a specific date of his return to work. He has not been working since 01/27/18 which was his last day worked. Attached is a letter from the facility he has been admitted to stating that he will be in their care until “further notice.” I felt [sic] important to get this information out as Russ takes advantage of TP medical insurance I called out to his spouse to get some kind of update from her she did not answer so I left a message and will update if/when I hear back. Thank you. 23 LeBarron’s termination was processed on February 15, 2018, as a quit. Under 24 additional notes, the exit checklist states, “TP has not had communication with Russ since 25 a text message he sent Store manager Wes Smith stating he was going into a treatment 26 facility. We have not heard from Russ since. Attached is a medical not [sic] stating his 27 return is unknown.” 28 Page 4 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 5 of 20 1 LeBarron did not return to work at Interstate. He was unable to work during the 2 entire month of February 2018. Interstate knew that LeBarron was in a drug rehabilitation 3 program. 4 5 6 7 8 9 On February 27, 2018, Wes sent Stacie a text message stating “Hey Stacie, how is Russ doing?” Stacie responded, “He is doing great, thanks for asking! Does he still have his job he should be back in about 2 weeks!” Wes then stated “They did have to let him go on the books for insurance reasons. But once he is ready they put him down as a rehire when he comes back.” 10 11 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 12 IV. The following facts, though not admitted, will not be contested at trial by evidence to the contrary: 13 14 On December 19, 2019, Interstate’s insurance carrier was asked what the carrier’s 15 “rule” is regarding employees who are out on leave and who are not entitled to FMLA leave. 16 Interstate was told the “rule” was that “[a]s long as they come back in the same month, 17 they can remain on the group as an active employee. Otherwise, they need to be offered 18 Cobra.” 19 V. 20 The following are issues of fact to be tried and determined upon trial: 21 On February 7, 2018, Interstate’s management internally listed LeBarron’s position 22 23 24 25 26 27 28 as an “Open[] Hiring Target.” The checklist indicated LeBarron paid towards his insurance premiums during the month of February 2018. Following his successful completion of Hope Canyon’s 30-day rehabilitation program, LeBarron remains sober to this day. LeBarron abandoned his job and quit. Intestate processed his termination as a quit on February 15, 2018. Page 5 of 20 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 6 of 20 1 LeBarron had already received a leave of absence for medical treatment from Seven 2 Hills Hospital and had been released to return to work on February 8, 2018. He was 3 discharged from the hospital on February 4, 2018, and he did not contact his employer. 4 He was able to contact Interstate on February 4, 2018, but failed to do so. 5 LeBarron’s wife told Interstate that LeBarron would be released from the hospital on 6 February 4 and would call Wes Smith. LeBarron was released on February 4, 2018, was 7 able to call Wes Smith but did not call Wes Smith. 8 Neither LeBarron nor his wife requested that he be placed on an unpaid medical 9 leave on or after February 8, 2018. Neither requested that his job at Interstate be held 10 open for him. 11 LeBarron’s wife on February 14, 2018, and left a message. She did not return the call and 12 thus, she stopped the interactive process. Neither requested any further accommodation. Mandujano called 13 Interstate knew LeBarron was in a drug rehabilitation program and offered to rehire 14 him. Wes Smith told LeBarron’s wife that he was eligible for rehire when he comes back. 15 LeBarron testified under oath that he was never told he was fired and that his wife never 16 told him he was eligible for rehire. LeBarron never applied for rehire. LeBarron never 17 returned to Interstate. 18 Interstate engaged in the interactive process with LeBarron’s wife and LeBarron 19 received 2 ½ weeks of unpaid leave. Interstate kept his job open until February 15, 2018. 20 Interstate needed to hire a replacement for LeBarron because he had not come to 21 work since January 27, 2018. 22 When LeBarron’s termination was processed, he was subject to rehire. 23 LeBarron was hired by Aria Resort as a Sales Associate 1 on December 8, 2009. 24 On February 10, 2012, Aria discovered the Terrene/Papillion store was missing a pair of 25 “18 K Gold Jordan Schlanger Oval Hoop Earrings.” The estimated value was $712.49 26 USD. On February 28, 2012, Aria requested Detective Russell Lee run two names and 27 possibly track if any items were pawned in the last month. “At approximately 1:44 p.m., 28 Detective Lee responded via e-mail and confirmed Papillion employee Russell LeBarron Page 6 of 20 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 7 of 20 1 pawned a pair of Yellow Gold Bangle Earrings 6.1G 18K (.750) on 1/21/2012 4:14:05 p.m. 2 at a local pawn shop (pawn shop name: unknown).” LeBarron furnished a statement to 3 Aria denying that he took the earrings. He was terminated by Aria on April 25, 2012. 4 LeBarron was charged with grand larceny on April 23, 2012, for stealing the jewelry 5 and he entered a plea of nolo contender for misdemeanor theft on August 2, 2012. He was 6 sentenced to 60 days in jail which was suspended. 7 On April 26,2012, LeBarron applied for employment at Interstate and said his reason 8 for leaving Aria Resort & Casino was “looking for a carrer [sic] I can advance with.” He 9 listed Stacie Miller, a co-worker at Aria, as a reference. LeBarron did not disclose that the 10 reason he left Aria was because he was terminated for theft. On October 21, 2012, 11 LeBarron asked for and was given an emergency pay advance by Interstate of $500 for his 12 “daughter’s medical bills.” On October 30, 2012, he paid $200 as restitution and $400 as 13 CC fines on his misdemeanor theft plea. 14 LeBarron was released from Seven Hills Hospital on February 4, 2018, but he did 15 not call Wes. On February 14, 2018, Alex Mandujano called LeBarron’s wife, Stacie, and 16 left a voicemail inquiring about an update when LeBarron would return to work. She did 17 not answer her phone or return Mandujano’s call. 18 LeBarron has admitted that attendance was an essential function of his job at 19 Interstate. He was eligible for rehire. LeBarron said he would not apply for rehire at 20 Interstate and he never applied to be rehired. 21 22 Neither LeBarron nor his wife requested that he be placed on an unpaid medical leave or that his job be held open for him. 23 About two weeks before LeBarron was terminated, his direct supervisor and store 24 manager, Wes Smith, and co-worker, Cesar Hernandez, discovered ads on Craigslist and 25 Let-Go advertising trailer accessories, parts and locks for sale. When Smith confronted 26 LeBarron, he first denied that his phone number was listed in the ads. He then started 27 “crying and promised not to steal anymore locks” from the store. LeBarron “brought back 28 one coupler lock and two hockey pucks.” Smith alerted upper management of LeBarron’s Page 7 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 8 of 20 1 theft only after LeBarron was terminated. 2 converted about $7,014.36 in “locks and other trailer accessories and parts[,] including 3 tires.” To date, Interstate believes he stole and 4 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 5 VI. 6 The following are Defendant/Counterclaimant’s issues of law. 7 Interstate engaged in the interactive process with LeBarron’s wife and identified and 8 implemented an appropriate reasonable accommodation of holding his job open until 9 February 15, 2018, when LeBarron’s wife ceased communicating with Interstate. She did 10 not return Alex Mandujano’s telephone call of February 14, 2018. LeBarron’s wife stopped 11 the interactive process. 12 LeBarron himself never requested an accommodation. 13 LeBarron failed to mitigate his damages. 14 Pursuant to 42 U.S.C. § 1981(a)(3), damages may not be awarded under this 15 section where a reasonable accommodation (rehire) would provide LeBarron with an 16 equally effective opportunity and would not cause an undue hardship on the operation of 17 the business. Rehire was offered and LeBarron failed to return to Interstate to be rehired. 18 In paragraph 23 of the Second Amended Complaint, LeBarron said 30 days of leave 19 was a reasonable accommodation. Even if LeBarron had been granted 30 days of leave 20 rather than 18 days of leave, he would have been unable to return to work at Interstate in 21 12 more days. If Interstate had kept his job open for a total of 30 days, LeBarron would 22 still have been at Hope Canyon and unable to perform the essential functions of his job 23 with or without a reasonable accommodation. 24 LeBarron was not entitled to any FMLA. Because LeBarron had no FMLA rights, he 25 had no right to continued health insurance benefits. LeBarron was given the COBRA notice 26 but he did not elect COBRA. 27 Until the regional manager of Interstate discovered that LeBarron stole locks from 28 Interstate, LeBarron was eligible for rehire. LeBarron was not eligible for rehire after the Page 8 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 9 of 20 1 2 3 Interstate had known of LeBarron’s theft at Aria. LeBarron’s wrongdoing at both Aria and Interstate was illegal and of such severity 5 that he would have been terminated on those grounds alone, if the regional manager at 6 Interstate had known of his wrongdoing at the time he quit, and his termination was 7 processed. 8 LeBarron did not have a disability. 9 Interstate did not discriminate against LeBarron on the basis of any disability. 11 12 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 LeBarron would never have been hired and would have been fired immediately if 4 10 GABROY LAW OFFICES regional manager discovered LeBarron’s theft. LeBarron testified under oath that he did not attempt to be rehired by Interstate. LeBarron was not able to perform the essential functions of his job with or without an accommodation. 13 LeBarron did not request an accommodation. 14 After LeBarron was released to return to work on February 8, 2018, his new 15 healthcare provider said LeBarron would be in their “care until further notice.” 16 healthcare provider never gave Interstate any further notice. The 17 LeBarron did not participate in the interactive process. 18 Indefinite leave does not have to be provided as an accommodation. 19 Regular and reliable attendance was an essential part of LeBarron’s job. LeBarron 20 21 22 received an 18-day leave of absence as an accommodation. The EEOC Investigator, Mark Brennan, recommended a no-cause finding with respect to LeBarron’s EEOC allegations. 23 LeBarron was an at-will employee. 24 LeBarron’s Second Amended Complaint fails to state a claim upon which relief can 25 26 27 28 be granted. Continued leave would impose an undue hardship on Interstate because Interstate needed to hire a replacement salesperson. Punitive and compensatory damages are not available for ADA retaliation claims. Page 9 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 10 of 20 1 LeBarron’s claims are barred by 42 U.S.C. § 12201(c)(3). 2 LeBarron’s claims are barred by the statute of limitations. 3 Leave is not an accommodation required by the ADA. 4 Indefinite leave is not required by the ADA. 5 An employer is not required to offer an open-ended leave. 6 requested a set defined interval of extended leave. 7 8 Since LeBarron was eligible for rehire after February 15, 2018, there is no evidence that LeBarron’s alleged disability played any role in his termination. 9 10 LeBarron has provided no evidence that his alleged disability was more likely the reason for his termination. 11 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 12 LeBarron never LeBarron’s failure to apply for rehire terminates all liability for backpay, front pay, compensatory damages, punitive damages and/or attorney’s fees or costs. 13 LeBarron’s claims are barred by fraud and illegality. 14 LeBarron’s claims are barred by payment. 15 LeBarron’s claims are barred by subsequently acquired evidence of dishonesty and 16 17 18 19 20 theft. A possible retaliation termination can be cleansed by an offer to rehire the employee upon his return from medical leave. Defendant-Counterclaimant is entitled to recover the retail value of all items stolen by Plaintiff-Counterdefendant and punitive damages, attorney’s fees and costs. 21 The following are Plaintiff’s/Counter-Defendant’s issues of law. 22 Whether Plaintiff/Counter-Defendant was discriminated against and ultimately 23 terminated based upon his actual disability of drug addiction and entering into two 24 supervised rehabilitation programs by Defendant in violation of the ADA. 25 Whether Plaintiff/Counter-Defendant sought a reasonable accommodation. 26 Whether 27 28 Defendant-Counterclaimant granted Plaintiff a reasonable accommodation. Whether Defendant/Counterclaimant retaliated against Plaintiff after he requested Page 10 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 11 of 20 1 to enter a rehabilitation program. 2 3 Whether Plaintiff/Counter-Defendant engaged in protected activity by entering two supervised rehabilitation programs and was terminated in retaliation for such activity. 4 5 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 theft in bad faith against him. 6 Whether 30 days of leave was a reasonable accommodation. 7 Whether Plaintiff could have returned to work after 30 days of leave. 8 Whether Plaintiff/Counter-Defendant is entitled to damages, fees, or costs as 9 GABROY LAW OFFICES Whether Plaintiff was retaliated against in that Defendant filed a Counterclaim for allowed by law. 10 Whether Plaintiff/Counter-Defendant is entitled to punitive damages. 11 Whether Plaintiff/Counter-Defendant committed Conversion. 12 Whether Plaintiff/Counter-Defendant committed Civil Theft. 13 Whether the Counterclaimant is entitled to the retail value of the items stolen, 14 attorney’s fees, costs and/or punitive damages from Plaintiff/Counter-Defendant for theft. 15 VII. 16 The following Exhibits are stipulated into evidence in this case and may be so marked by 17 the clerk: 18 (a) 19 Joint Exhibit 1 – All of the text messages from Stacie to and from Wes Smith, Alex Mandujano and Mike Snook. 20 Joint Exhibit 2 – Seven Hills Hospital Release dated 2/4/2018. 21 Joint Exhibit 3 – Hope Canyon letter stating that on the 5th of February 2018, 22 LeBarron was admitted into their care at Hope Canyon Recovery and will be in their care 23 until further notice. 24 Joint Exhibit 4 – February 14, 2018 e-mail and exit checklist. 25 (b) As to the following exhibits, the party against whom the same will be offered 26 objects to their admission on the grounds stated. 27 (1) 28 Plaintiff/Counter-Defendant’s Exhibits and objections to them: 1. Interstate Employee Relations Manual (IG000170-186, IG000567-604) The Page 11 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 12 of 20 1 2 objection is relevance and hearsay. 2. 3 4 The objection is relevance and hearsay. 3. 5 6 4. 5. 6. 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 7. 8. 9. March 5, 2019 TrailersPlus Response to eeoc (LeBarron 0058-0062, IG000532-34) No objection. 10. 19 20 October 25, 2018 Letter from Michael Snow (Interstate CEO) to EEOC (Pearl Sarach) (IG000531) No objection. 17 18 March 17, 2018 Email from Mandujano to Baillie, Smith, and Hernandez (IG000136-137) Objection is duplicate to JX 4. 15 16 Letter from Hope Canyon to D (LeBarron 0021) Objection is duplicate to JX 3. 13 14 Text message from Stacie to Alex Mandujano, District Manager (LeBarron 0018) Objection is duplicate to JX 1. 11 12 January 3, 2018 Interstate Group Letter re: Retirement Plan and Plan Descriptions (LeBarron 0034-0055) The objection is relevance and hearsay. 9 10 September 30, 2016 Employee Notice of Corrective Action to LeBarron (IG000212, IG000358 duplicate) The objection is relevance and hearsay. 7 8 June 2, 2016 Employee Notice of Corrective Action to LeBarron (IG000220) Medical Records, dated 11/14/18-12/10/18 (LeBarron 0002-0015) Objection of relevance, authenticity and hearsay. 11. 21 Medical Records, dated 02/07/18-02/24/18 (LeBarron 0056-0057) Objection of relevance, authenticity and hearsay. 22 12. 2017 W2 for LeBarron (LeBarron 0016) No objection. 23 13. Weekly Work Searches (Unemployment Insurance) (LeBarron 0022-0029) 24 25 Objection of relevance, authenticity and hearsay. 14. 26 “COBRA” Health Plan Continuation Coverage Highlights form (IG000455462) No objection. 27 15. Inventory Adjustment sheets (IG000463-471) No objection. 28 16. September 21, 2018 Charge of Discrimination (IG000523) No objection. Page 12 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 13 of 20 1 17. 2 objection. 3 18. Defendant’s Answer to Plaintiff’s First Set of RTA Objection as to relevance. 4 19. Defendant’s Responses to Plaintiff’s First Set of INTG 5 6 8 20. 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 Defendant’s Responses to Plaintiff’s First Set of RTP (No Documents Just Pleading) Objection as to relevance. 21. 9 10 Objection as to relevance. 7 GABROY LAW OFFICES October 10, 2018 Amended Charge of Discrimination (LeBarron 001) No Guidelines for Craig’s List Posting Outside of Work Hours (IG000273) Objection as to relevance and hearsay. 22. February 3, 2018 email from Mandujano Ashcraft, Baillie, VanKirk, Tippets, 11 Hall, Pettit, Schroeder, Snow, Asbell, Casper, Hilde, Smith, Thompson, 12 Luteyn, Martin, and Koel (IG000012-14) No objection. 13 23. 14 15 and Hilde (IG000124) No objection. 24. 16 17 25. 26. Defendant’s First Supplemental Disclosures (No Documents but Just Pleading Language) Objection as to relevance and hearsay. 27. 22 23 Defendant’s Initial Disclosures (No Documents but Just Pleading Language) Objection as to relevance and hearsay. 20 21 June 5, 2020 letter from Malani L. Kotchka Objection as to relevance and hearsay. 18 19 February 7, 2018 email from Mandujanu to Snow, Luteyn, Baillie, Casper, Defendant’s Second Supplemental Disclosures (No Documents but Just Pleading Language) Objection as to relevance and hearsay. 28. Documents Defendant describes as “Defendant’s inventory reports for the 24 missing parts and their value, which LeBarron advertised on Craiglist” 25 (IG000548-562) No objection. 26 29. 27 28 December 19, 2019 email from Beth House to Sonya C. George (IG000546) Objection as to relevance and hearsay. 30. February 4, 2018 email from Joshua Hall to Michael Schroeder (IG000071Page 13 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 14 of 20 1 2 73) Objection as to relevance and hearsay. 31. 3 4 to relevance and hearsay. 32. 5 6 33. 34. 35. 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 36. 37. 38. Documents Defendant describes as “Records produced by Let-Go” Pay Statement for 2/8/2018 Pay Date (IG000168) Objection as to relevance and hearsay. 39. 19 20 Defendant’s Fourth Supplemental Disclosures (No Documents just Pleading (IG000674-677) No objection. 17 18 Defendant’s Third Supplemental Disclosures (No Documents just Pleading Language) Objection as to relevance and hearsay. 15 16 Objection as to relevance and Language) Objection as to relevance and hearsay. 13 14 Employee Hiring Checklist (IG000173) hearsay. 11 12 February 4, 2018 email from Matt Pettit to Michael Schroeder (IG000107110) Objection as to relevance and hearsay. 9 10 March 9, 2018-April 19, 2018 company email correspondence (IG000138142) Objection as to relevance and hearsay. 7 8 February 4, 2018 email from Michael Schroeder (IG000073-76) Objection as Interstate Group document re ‘overcompensation’ (IG000187) Objection as to relevance and hearsay. 40. 21 Pay Statement for 1/25/2018 Pay Date (IG000194) Objection as to relevance and hearsay. 22 41. Training Syllabus (IG000257) 23 42. Plaintiff’s 3rd Supplemental Disclosures and documents LeBarron 144-156 24 25 Objection as to relevance and hearsay. 43. 26 27 28 Objection as to relevance and hearsay. Plaintiff's 4th Supplemental Disclosures and documents LeBarron 157-168 Objection as to relevance and hearsay. 44. Plaintiff’s 1st Supplemental Disclosures and documents LeBarron 065-134 Objection as to relevance and hearsay. Page 14 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 15 of 20 1 45. 2 Objection as to relevance and hearsay. 3 (2) 4 them: 5 The following are the Defendant/Counterclaimant's Exhibits and Objections to 46. Objection as to relevance, foundation, hearsay, FRE 403, FRE 404, FRE 7 901a, FRE 611a, FRE 602, 901a. 47. 9 11 Criminal Complaint filed April 23, 2012 and Justice Court Docket Sheet for that Criminal Complaint. Objection as to relevance, foundation, hearsay, FRE 10 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 Cesar Hernandez’s lawsuit against Russell LeBarron (IG0710-0717). 6 8 GABROY LAW OFFICES August 31, 2020 TrailersPlus website return policy (LeBarron 194-195) 403, FRE 404, FRE 901a, FRE 611a, FRE 602, 901a, FRE 609. 48. E-mails concerning the Las Vegas store or LeBarron from February 3, 3018 12 through March 17, 2018 (IG0012-0014, 00149, 0124-0128, 0136-0137). 13 Objection as to relevance, duplicative, compound and hearsay. 14 49. Records produced by Aria regarding the investigation and termination of 15 LeBarron for stealing and pawning a pair of yellow gold bangle earrings (IG 16 0681-0702). Objection as to relevance, foundation, hearsay, FRE 403, 404, 17 901a, 611a, 602, 901a and FRE 609. 18 50. 19 20 Objection as to relevance, hearsay, FRE 403, 404, 611(a), 602. 51. 21 hearsay. FRE 403, FRE 404, FRE 901a, FRE 611a, FRE 602, 901a 52. 24 27 Inventory Adjustment reports showing missing locks (IG0463-0471). Objection as to relevance, foundation, hearsay. FRE 403, FRE 404, FRE 25 26 Craigslist advertisements placed by LeBarron from May 9, 2017 through January 2018 (IG0540-0545). Objection as to relevance, foundation, 22 23 EEOC documents (IG0472, 0474-0480, 0483-0485, 0494, 0523, 0531-0534). 901a, FRE 611a, FRE 602, 901a 53. All of LeBarron’s requests for pay advances while employed by Interstate (IG0198, 0201, 0207, 0217, 0218, 0221, 0222, 0233, 0238, 0239, 0263, 28 Page 15 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 16 of 20 1 0264, 0280-0282, 0426-0428). Objection as to relevance, hearsay, 2 prejudicial, FRE 403, 404. 3 54. 4 Vegas store in 2017 (IG0548-0562). Objection as to relevance, hearsay, 5 prejudicial, foundation, speculative, opinion, 403 and 404 6 55. 7 8 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 10 LeBarron’s Application for Employment at Interstate (IG0299-0302). Objection as to relevance, prejudicial, hearsay, FRE 403, 404. 56. 9 GABROY LAW OFFICES List and Inventory Adjustment report showing missing parts from the Las LeBarron’s Employee Information Sheet (IG0306). Objection as to relevance, hearsay. 57. Documents from OfferUp showing devices used by LeBarron (IG0606-0607). 11 Objection as to relevance, foundation, speculative, prejudicial, hearsay, 12 FRE 403, 404. 13 58. Documents produced by Letgo concerning LeBarron’s ads (IG0674-0677). 14 Objection as to relevance, foundation, speculative prejudicial, hearsay, 403, 15 404. 16 59. Job description for the Sales Consultant job signed by LeBarron on 17 December 15, 2013 (LeBarron018-020, IG0170). Objection as to relevance, 18 hearsay 19 60. 20 21 Documents showing payroll adjustments for LeBarron (IG0188-0192, IG0194, IG0187). Objection as to relevance, hearsay 61. 22 March 9, 2019 e-mail from Amanda Zoubi (IG0140). Objection as to relevance, foundation, hearsay, prejudicial, speculative. 23 62. COBRA letter (IG0455-0462). Objection as to relevance, hearsay. 24 63. Beth House December 19, 2019 e-mail (IG0546-0547). No objection. 25 64. 2015 W-2, 2016 W-2, 2017 W-2, and 2018 W-2 (IG00563-00566). Objection 26 27 28 as to relevance. 65. Excerpts from the 2017 Employee Relations Manual (IG0568, 0570, 05710574, 0578-0580). Objection as to relevance, hearsay Page 16 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 17 of 20 1 66. 2 (IG0703-0709). Objection as to relevance, foundation, speculative, 3 prejudicial, hearsay, FRE 403, FRE 609. 4 67. foundation, speculative, prejudicial, assumes facts not in evidence, 6 confusing, counsel testifying, improper form, incomplete testimony, opinion,. 68. Declaration of Wesley Smith (IG0679). Objection as to relevance, hearsay, 8 foundation, speculative, prejudicial, assumes facts not in evidence, 9 confusing, counsel testifying, improper form, incomplete testimony, opinion 10 69. 11 12 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 Declaration of Clay Baillie (IG0678). Objection as to relevance, hearsay, 5 7 GABROY LAW OFFICES Documents regarding a theft of property from another Interstate facility to form, relevance, hearsay. 70. 13 14 Plaintiff’s Responses to Defendant’s First Set of Interrogatories. Objection as Plaintiff’s Amended Responses to Defendant’s First Set of Interrogatories. Objection as to form relevance, hearsay. 71. Clark County Court Calendar Results for Plaintiff/Counterdefendant. 15 (IG0718-0721). Objection as to relevance, form, prejudicial, foundation, 16 hearsay, improper character evidence, FRE 403, 404, 603, FRE 609. 17 (c) 18 The parties intend to present electronic evidence for purposes of jury deliberations. 19 Further, the parties will meet and confer regarding such submission. They understand that 20 they will receive instructions and guidance regarding what to submit before trial 21 commences. 22 23 24 (d) Electronic Evidence Depositions: (1) Plaintiff/Counter-Defendant will offer the following depositions: Plaintiff/Counter-Defendant reserves the right to use the deposition of 25 Defendant/Counterclaimaint’s FRCP 30(b)(6) witness Clay Baillie and/or Michael Snow as 26 permitted under Fed. Rule Civ. Pro. 32, but does not anticipate offering the depositions into 27 evidence unless the individuals do not appear for trial. If such individuals do not appear 28 for trial, Plaintiff anticipates using such deposition testimony. Page 17 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 18 of 20 1 (2) 2 Deposition of Russell LeBarron for all purposes. 3 (e) Defendant/Counterclaimant will offer the following depositions: Objections to Depositions: 4 Plaintiff objects to the use of Russell LeBarron’s deposition for 5 all testimony that is objectionable, subject to motion in liimine, subject 6 to the objections above regarding such documents. Further, Russell 7 LeBarron will be present to testify as such deposition testimony will be 8 cumulative. ______ 9 10 11 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 12 13 14 15 16 17 18 19 20 21 22 23 24 VIII. The following witnesses may be called by both the parties upon trial: Russell LeBarron c/o Gabroy Law Offices Christian Gabroy, Esq. The District at Green Valley Ranch 170 South Green Valley Parkway, #280 Henderson, Nevada 89012 Stacie LeBarron c/o Gabroy Law Offices Christian Gabroy, Esq. The District at Green Valley Ranch 170 South Green Valley Parkway, #280 Henderson, Nevada 89012 Wes Smith Manager Phone Number 707-280-4160 Address Unknown E-mail: sonnysmith707@gmail.com Alex Mandujano District Manager Phone Number 208-553-5801 1213 N. Meridian Road Meridian, ID 83642 27 Clay Ballie c/o Malani L. Kotchka, Esq. Hejmanowski & McCrea LLC 520 South Fourth Street, Suite 320 Las Vegas, Nevada 89101 Phone: 702-834-8777 Email: mlk@hmlawlv.com 28 Cesar Hernandez 25 26 Page 18 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 19 of 20 1 2 3 4 5 6 7 8 9 Phone number 702-772-2896 6917 Double Vista Way Las Vegas, NV 89142 Michael Snow c/o Malani L. Kotchka, Esq. Hejmanowski & McCrea LLC 520 South Fourth Street, Suite 320 Las Vegas, Nevada 89101 Phone: 702-834-8777 Email: mlk@hmlawlv.com The parties incorporate all custodians of records as witnesses as well. These can be included with the exhibits. Plaintiff/Counterdefendant may call: 10 11 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 12 Steve Switzer Operations Manager 702-469-7850 Address Unknown 13 IX. 14 15 16 17 18 The attorneys have met and jointly offer these three trial dates: April 4-7, 2022, May 2-6, 2022, October 25-28, 2022 It is expressly understood by the undersigned that the Court will set the trial of this matter on one (1) of the agreed upon dates if possible; if not, the trial will be set at the convenience of the Court’s calendar. 19 20 21 22 23 24 25 26 27 X. It is estimated that the trial herein will take a total of __3 _ days. APPROVED AS TO FORM AND CONTENT: Attorney for Plaintiff/Counter-Defendant _/s/_Christian Gabroy___________ Attorney for Defendant/Counterclaimant _/s/ Malani L. Kotchka___________________________ XI. ACTION BY THE COURT 28 Page 19 of 20 Case 2:19-cv-01739-JCM-DJA Document 108 Filed 09/27/21 Page 20 of 20 1 This case is set down for Court/jury trial on the fixed/stacked calendar on 2 June 27, 2022 at 9:00 AM Calendar call shall be held on _______________________. June 22, 2022 at 1:30 PM ______________________. 3 4 28, 2021. DATED: September ________________. 5 6 _____________________________ UNITED STATES DISTRICT JUDGE 7 8 9 10 11 170 S. Green Valley Pkwy., Suite 280 Henderson, Nevada 89012 (702) 259-7777 FAX: (702) 259-7704 GABROY LAW OFFICES 12 13 14 15 16 Dated this 27th day of September 2021. Dated this 27th day of September 2021. Respectfully submitted, Respectfully submitted, /s/ Christian Gabroy Christian Gabroy, Esq. Nev. Bar No. 8805 GABROY LAW OFFICES 170 S. Green Valley Parkway, Ste 280 Henderson, Nevada 89012 Tel (702) 259-7777 Fax (702) 259-7704 /s/ Malani L. Kotchka Malani L. Kotchka, Esq. Nev. Bar No. 0283 HEJMANOWSKI & MCCREA LLC 520 South Fourth Street, Suite 320 Las Vegas, NV 89101 Tel: (702) 834-8777 Fax: (702) 834-5262 Attorneys for Plaintiff/Counter-Defendant Attorney for Defendant/Counterclaimant 17 18 19 20 21 22 23 24 25 26 27 28 Page 20 of 20
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
