Hukman v. Snackers Sinclair, Inc., No. 2:2023cv00501 - Document 54 (D. Nev. 2024)
Court Description: ORDER Granting 53 Proposed Joint Pretrial Order. Calendar Call set for 9/12/2024 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. Jury Trial set for 9/23/2024 at 09:30 AM in LV Courtroom 6B before Judge Cristina D. Silva. Signed by Judge Cristina D. Silva on 4/18/2024. (Copies have been distributed pursuant to the NEF - DXS)
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Hukman v. Snackers Sinclair, Inc. 1 2 3 4 5 6 Doc. 54 AILEEN E. COHEN, ESQ. Nevada Bar No. 5263 THORNDAL ARMSTRONG, PC 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Tel.: (702) 366-0622 Fax: (702) 366-0327 E-Mail: aec@thorndal.com Attorney for Defendant HARMAN UNLIMITED, INC. (Incorrectly Identified as Snackers Sinclair, Inc.) 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 SHEIDA HUKMAN, Plaintiff 13 14 15 CASE NO. 2:23-cv-00501-CDS-NJK JOINT PRE-TRIAL ORDER vs. SNACKERS SINCLAIR, INC., Defendant 16 17 18 After pre-trial proceedings in this case, 19 IT IS ORDERED, per Local Rule 16-3: 20 I. 21 STATEMENT OF THE NATURE OF THE ACTION This is an action for: Claimed national origin employment discrimination in violation of 22 42 USC 2000e-2a (Title VII of the Civil Rights Act of 1964) by Defendant while Plaintiff 23 worked at Defendant’s convenience store 24 II. 25 JURISDICTION Plaintiff asserts that this Court has jurisdiction under the provisions of 8 USC §1331, 42 26 USC 2000e-2a due to allegations of national origin discrimination in violation of Title VII of the 27 Civil Rights Act of 1964. 28 -1Dockets.Justia.com 1 III. 2 The following facts are admitted by the parties and require no proof: Plaintiff in proper ALL UNCONTESTED FACTS DEEMED MATERIAL IN THE ACTION 3 person claims that she does not agree to any facts. The following are facts that Defendant does not 4 dispute and require no proof: 5 1. That Defendant Harman Unlimited, Inc., owns and operates the Snackers location. 6 2. That Plaintiff worked at Snackers. 7 3. That Plaintiff’s employment with Snackers was terminated. 8 IV. UNCONTESTED ISSUES OF FACT, AS AGREED UPON BY THE PARTIES 9 The following facts, though not admitted, will not be contested at trial by evidence to the 10 contrary. 11 See Defendant’s Separate Statement in Section III. 12 V. CONTESTED ISSUES OF FACT, AS AGREED BY THE PARTIES 13 14 The following are the issues of fact to be tried and determined upon trial.1 (Each issue of fact must be stated separately and in specific terms.) 15 1. 16 PLAINTIFF’S STATEMENT OF ISSUES OF FACT DEEMED TO BE MATERIAL 17 The following are the issues of fact to be to be tried and determined at trial. 18 (Each issue of law must be stated separately and in specific terms.) 19 Plaintiff claims the parties do not agree about any facts. 20 2. 21 DEFENDANT’S STATEMENT OF ISSUES OF FACT DEEMED TO BE MATERIAL 1. Whether Plaintiff has made the same allegations of National Origin Discrimination against prior 22 employers and their employees. 23 2. Whether Plaintiff was taking longer breaks than permitted by company policy. 24 3. Whether the Plaintiff was sleeping or sitting in the breakroom in violation of company policy. 25 4. Whether the security surveillance video captured Plaintiff sitting down and/or sleeping in the 26 breakroom. 27 28 1 Should the attorneys or parties be unable to agree on the statement of issues of fact, the joint pretrial order should include separate statements of issues of fact to be tried and determined upon trial. -2- 1 5. Whether Hukman texted the store manager, Bill Boggs, alleging that employee Tiffany Bronson obtained someone “to put me to sleep” and that she needed to talk to him 2 6. Whether Hukman’s unilateral decision to take time off when she was scheduled to work was in 3 violation of company policy. 4 7. Whether Hukman’s failure to attend a meeting with the store manager when she was schedule to 5 be working violated company policy. 6 8. Plaintiff’s Damage claims 7 VI. CONTESTED ISSUES OF LAW, AS AGREED BY THE PARTIES 8 The following are contested issues of law to be tried and determined at trial:2 9 1. Whether Plaintiff has a National Origin outside of the United States as this must be proven 10 and Plaintiff has not provided any documentary evidence to substantiate the same. 11 2. As to issues of law, related to the above there is a legal question as to whether the Plaintiff 12 was entitled to Title VII protections. If she cannot prove that she has a foreign National 13 Origin, then she would not be entitled to Title VII protection. 14 Other contested legal issues are: 15 1. Whether Hukman was Terminated for Non-Discriminatory Reasons 16 2. Whether Hukman can Establish Pretext 17 3. Whether Hukman was Engaged in a Protected Activity 18 4. Whether Hukman was subject to an adverse employment action. 19 5. Whether other employees outside of her class were treated more favorably. 20 VII. EXHIBITS 21 22 (a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 23 1. Snackers Employee Handbook 24 2. Sheida Hukman Employment File 25 3. Text from Hukman dated December 24, 2021 at 10:11 PM. 26 4. Email from Hukman dated December 25, 2021 at 2:47 AM. 27 28 2 Should the attorneys or parties be unable to agree on the statement of issues of law, the joint pretrial order should include separate statements of issues of law to be tried and determined upon trial. -3- 1 5. Email from Hukman December 27, 2021 at 2:24 PM 2 6. Text Message from B. Boggs dated December 25, 2021 at 11:17 AM 3 4 (b) As to the following exhibits, the party against whom the same will be offered objects to their admission on the grounds stated: 5 (1) Set Forth the Plaintiff’s Exhibits and Defendants’ Objections to Them. 6 1. Email to Mr. Boggs on December 16, 2021 7 2. Retaliation on December 24, 2021 8 Defendants object to the following exhibits from Plaintiff: 9 1. Email to Mr. Boggs on December 16, 2021-Not disclosed 10 2. Retaliation on December 24, 2021-insufficient 11 description/undisclosed/does not appear to the evidence (2) 12 Set Forth the Defendant’s Exhibits and Plaintiff’s Objections to Them 13 1. Employee Performance Notice 14 2. Snackers Security Videos from December 18, 2021 15 3. Complaint in Hukman v. Southwest Airlines 16 4. Third Circuit Decision upholding dismissal by summary judgment in Hukman v. American Airlines, Inc. 17 5. Complaint in Hukman v. Communication Workers of American 18 6. Complaint in Hukman v. Terrible Herbst, Inc. 19 Plaintiff objects to the following exhibits from Defendants: 20 1. Employee Performance Notice – Plaintiff claims it was forged. 21 2. Snackers Security Videos from December 18, 2021- Plaintiff claims she 22 did not know that her employer had a video recorder in the break area. 23 24 (c) (1) 25 26 27 Electronic evidence: Security videos as noted above. (d) Plaintiff objects to the security videos as noted above. Depositions (1) Plaintiff will offer the following depositions: None 28 -4- (2) 1 2 (e) 3 Defendant will offer the following depositions: Deposition of Sheida Hukman Objections to depositions: (1) Defendant objects to plaintiff’s depositions as follows: No objection (2) Plaintiff objects to defendant’s depositions as follows: Sheida Hukman does not agree with her entire deposition. 4 5 6 VIII. WITNESS LIST 7 8 9 The following witnesses may be called by the parties upon trial: (a) Provide names and addresses of Plaintiff’s witnesses: 13 Bill Boggs HARMAN UNLIMITED, INC. (Incorrectly Identified as Snackers Sinclair, Inc.) c/o Aileen E. Cohen, Esq. THORNDAL ARMSTRONG PC 1100 East Bridger Avenue Las Vegas, NV 89101-5315 14 Tiffany Branson 15 Denny Harmon 16 Defendant objects to Plaintiff’s listing of Denny Harman and Tiffany Branson as 17 witnesses. 10 11 12 18 19 20 21 22 23 24 25 26 27 28 (b) State names and addresses of Defendant’s witnesses: Bill Boggs HARMAN UNLIMITED, INC. (Incorrectly Identified as Snackers Sinclair, Inc.) c/o Aileen E. Cohen, Esq. THORNDAL ARMSTRONG PC 1100 East Bridger Avenue Las Vegas, NV 89101-5315 IX. JOINT PROPOSED TRIAL DATES The attorneys or parties have met and jointly offer these three trial dates: 1. September 26, 2024 2. October 3, 2024 3. October 17, 2024 It is expressly understood by the undersigned that the court will set the trial of this matter on one of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the court’s calendar. -5- 1 2 X. ESTIMATED NUMBER OF TRIAL DAYS It is estimated that the trial will take a total of 2 days. 3 4 DATED this 16th day of April, 2024. THORNDAL ARMSTRONG, PC 5 /s/ Aileen E. Cohen ________________________________ Aileen E. Cohen, Esq. Nevada Bar No. 5263 1100 East Bridger Avenue Las Vegas, NV 89101-5315 Attorney for Defendant HARMAN UNLIMITED, INC. (incorrectly identified as Snackers Sinclair, Inc.) 6 7 8 9 10 11 12 /s/ Sheida Hukman _______________________________________ Sheida Hukman 1001 E. Sunset Road, Unit 96321 Las Vegas, NV 89193 Plaintiff in Proper Person 13 14 15 16 17 18 XI. ACTION BY THE COURT 19 ___ ____ calendar on September 23, 2024 at 9:30 This case is set for court/jury trial on the fixed/stacked 20 a.m. in courtroom 6B. Calendar call will be held on September 12, 2024 at 9:30 a.m. in 21 courtroom 6B. 22 Dated: April 18, 2024 23 24 ________________________________ UNITED STATES DISTRICT JUDGE 25 26 27 28 -6-
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