Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0 Christopher C. Saldaña, Esq. (SBN LAW OFFICES OF CHRISTOPHER C. SALDAÑA 0 Tenth Avenue, 0 th Floor San Diego, California 0 Telephone: ( - Facsimile: ( - Attorneys for Plaintiff MICHAEL MEOLI MICHAEL MEOLI, an individual, v. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiff, CITY OF SAN DIEGO, a public entity, and DOES ONE through TEN, inclusive, Defendants. Case No.: COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF VIOLATIONS OF UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF, U.S.C. 0 et. seq. Plaintiff, MICHAEL MEOLI, an individual, by the undersigned attorney, based upon information and belief, and demanding a trial by jury, hereby files this Complaint against Defendant CITY OF SAN DIEGO and alleges as follows: I. NATURE OF ACTION. This is an action brought upon pursuant to the Uniformed Services Employment and Reemployment Rights Act of, U.S.C. 0 et. seq. ( USERRA. It is brought by Plaintiff MICHAEL MEOLI ( Plaintiff or MEOLI, who is an employee of the CITY OF SAN DIEGO ( Defendant or the City and who is currently serving as a reservist in the United States Armed Services or National Guard. / / / 'CV00 JAH KSC
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0 II. JURISDICTION AND VENUE. This Court has jurisdiction over the subject matter of this action pursuant to U.S.C. (b.. Venue is proper in this district under U.S.C. (c( and U.S.C. (b, because Defendant CITY OF SAN DIEGO is wholly encompassed by this division of this judicial district. III. PARTIES. Plaintiff MICHAEL MEOLI is an individual residing in the City of San Diego, County of San Diego, State of California. He is currently employed by Defendant CITY OF SAN DIEGO, in the San Diego Fire-Rescue Department as a Firefighter-Paramedic. MEOLI is an enlisted reserve duty Seal Operator Chief for the United States Navy and Special Operations Combat Medic.. Defendant CITY OF SAN DIEGO is a public entity and municipality located within the County of San Diego, State of California. The San Diego Fire-Rescue Department (the Department is a department within the CITY OF SAN DIEGO answerable, and ultimately controlled, by the Defendant.. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, Defendants DOES ONE through TEN, inclusive, and each of them, were individuals authorized to and doing business as managers, agents, employees, subcontractors, independent contractors or otherwise on behalf of Defendant CITY OF SAN DIEGO and at all relevant times were acting with the authorization and/or ratification of Defendant CITY OF SAN DIEGO.. The full extent of the facts linking the fictitiously designated Defendants with each cause of action alleged herein is unknown to Plaintiff, or the true names or capacities, whether individual, plural, corporate, partnership, associate or otherwise, of Defendants Does ONE through TEN, inclusive, and each of them, are unknown to Plaintiff. Plaintiff therefore sues said Defendants by fictitious names. Plaintiff is informed and believes and thereon alleges that each --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0 of the Defendants designated herein as a Doe is negligently, recklessly, tortiously and unlawfully responsible in some manner for the events and happenings herein referred to and negligently, tortiously, and unlawfully proximately caused the injuries and damages thereby to Plaintiff as hereby alleged. Plaintiff will herein seek leave of Court to amend this Complaint to show said Defendants true names and capacities after the same have been ascertained. Plaintiff is alleging claims for relief against each DOE Defendant under every theory of recovery set forth herein. IV. GENERAL ALLEGATIONS. MEOLI initially served with the United States Navy as a SEAL Operator Chief Between -. He re-enlisted in the same capacity in and has been enlisted in the U.S. Navy Reserves for sixteen years.. MEOLI has been a paramedic with the San Diego Fire-Rescue Department since. Throughout the duration of his tenure with the San Diego Fire-Rescue Department, Mr. MEOLI has been a reservist, a matter which Plaintiff is informed, and believes, and on that basis thereon alleges that his is widely known within the San Diego Fire-Rescue Department. Individuals within the San Diego Fire-Rescue Department who are decision-makers on initiation and resolution of disciplinary matters are well acquainted with MEOLI S military status. 0. On several occasions, all of them known well by the Defendant, MEOLI has been the subject of disciplinary proceedings at the hands of the San Diego Fire-Rescue Department for matters not routinely subject to inquiry when they involve other, non-military related members of the Department.. Within the two years preceding the filing of this Complaint, MEOLI received an anonymous call while on the job at a Fire Station relating to his refusal to accept an overtime assignment, and accusing him of making said refusal because he valued his military reservist assignments over his job at the Department. In fact, MEOLI refused the assignment in question because he had reservist assignment which conflicted with the demand that he perform overtime. Plaintiff has otherwise, on numerous occasions, been consistently derided and chided for his military service by management employees, and others, of the Department. --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0. MEOLI has been the subject of disciplinary investigations and adverse action, plainly unwarranted, for matters as minute as sending an e-mail to a discrete group of interested individuals relating to suicide prevention for former combat veterans during the November through January holiday season.. MEOLI was also subjected to unwarranted disciplinary investigation and adverse action as a result of his coordination of a memorial service and plaque award conducted October, 0 for San Diego Police Officer Federico Rico Borjas, a U.S. Army Reserve Sergeant who was killed in action in October, 0 in Bermel, Afghanistan while deployed with the th Civil Affairs Battalion. Although the Department and its management officials were notified a significant period of time prior to the service that MEOLI would take annual leave the date in question and leave on military orders the day following, the Department denied having such knowledge. Management officials contacted MEOLI during the ceremony, which was also attended by administrative/management officials of the Department to inform him that he was out without leave from his assignment within the Department. MEOLI S immediate manager at the time informed MEOLI that, although his shift had indeed been covered by a replacement firefighter, the Department had taken the position it was unaware MEOLI would be out and intended to sanction him accordingly. MEOLI undertook to notify the Department of his impending military leave. The Department notified him he was to provide further notice of his leave (meaning more than what was already provided within 0 days of the Department s request. The Department of the Navy provided this requested material within 0 days, and MEOLI was disciplined.. The Department meted out this discipline in retaliation, as before, for MEOLI S involvement in military service and matters of import to active and reserve duty military reservists. There are still other instances of harassment about which the Department is well aware and which is reflected in its own records. Accordingly, these instances are raised by way of limited example only and should not be construed as an exhaustive listing of all such harassment.. Nearly two years of harassment, according to proof at trial, culminated in an incident on February, at San Diego Fire-Rescue Department s Station No.. On that --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0 date, MEOLI was confronted by Battalion Chief Dave Pilkerton and forcefully served a notice of fact finding related to yet another unsubstantiated investigation. Chief Pilkerton and others under his command, including Out of Class Assignment Shift Commander Colin Stowell and Captain Greg Robinson, claimed without basis that MEOLI had raised his tone and aggressively shook hands and patted Chief Pilkerton on the back. Because they allege MEOLI did not immediately leave the premises (MEOLI could not do so in any event as he is obligated by policy and law to secure tools and medications used for his job as Pilkerton requested, Pilkerton undertook to immediately suspend MEOLI because he claimed he had been threatened by MEOLI and that MEOLI thereby created a hostile work environment for the higher ranking Pilkerton. Plaintiff is informed, and believes, and on that basis thereon alleges that shortly thereafter Stowell called the San Diego Police Department to have MEOLI removed from the premises and that, during the telephone call to emergency services, mentioned that MEOLI was a Navy Seal, STAR team member (as a medic assisting on San Diego Police Department SWAT calls, and therefore presented a threat of violence (such as being armed.. MEOLI was not, and never has been while on the job with the Department, armed with any firearm as implied by Stowell s suggestion of violence. The clear import of Stowell s suggestion was that MEOLI required a heightened level of scrutiny, and indeed that he had been treated during that incident differently, because of his status as a U.S. Navy SEAL.. Officers on the scene directly thereafter confirm that nothing MEOLI was alleged to have done that day that resulted in his immediate suspension from service (i.e., the handshake or pat on the back was illegal. Officers also confirmed that MEOLI did not have a firearm.. MEOLI was harassed and subjected to unwarranted discipline that day and before as a result of his military service, in violation of federal law. This repeated illegal and unfair treatment has resulted in the loss of income, use of that income, employment benefits, other forms of special damages, and the range of general damages according to proof at trial.. MEOLI has also been subjected to loss of income and benefits owing to the Defendant s failure to properly account for his military leave when calculating income and benefits, despite Plaintiff s appropriate notice of the same has resulted in a loss to Plaintiff in an --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0 amount according to proof at trial. V. FIRST CLAIM FOR RELIEF FOR VIOLATION OF THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF (A, U.S.C., (Against All DEFENDANTS. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained within paragraphs through, inclusive, as though set forth at length herein and made a part hereof.. Plaintiff is protected under the Uniformed Services Employment and Reemployment Rights Act of ( USERRA, (a, U.S.C. 0-.. The CITY OF SAN DIEGO violated USERRA by depriving Plaintiff of leave time and other employment benefits through the discriminatory practices in both forcing MEOLI to use annual leave rather than provide him with USERRA-required leave, and in the underpayment of retirement contributions.. Plaintiff s military service is a motivating factor in the CITY OF SAN DIEGO s denial of leave and other benefits of employment.. CITY OF SAN DIEGO has repeatedly forced Plaintiff to use annual leave for military service and underpaid retirement contributions to Plaintiff s pension thereby denying Plaintiff a benefit of his employment.. Upon information and belief, CITY OF SAN DIEGO has repeatedly refused to properly account for military leave on Plaintiff s schedule, despite Plaintiff s timely notifications of military service obligations.. Such refusal results in a reduction in annual leave and contributions to Plaintiff s pension and thereby denies Plaintiff a benefit of his employment.. USERRA requires employers to treat the period of military leave as service with the employer for purposes of vesting and the accrual pension benefits. Pension benefits should accrue as though Plaintiff was available but for the military service.. By repeatedly discriminating against Plaintiff through the forced use of his annual --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0 leave and underpayment of his retirement contributions, the CITY OF SAN DIEGO, violated or USERRA.. Plaintiff s service obligations was a motivating factor in the CITY OF SAN DIEGO s discriminatory actions taken against Plaintiff. VI. SECOND CLAIM FOR RELIEF FOR VIOLATIONS OF THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF (A, U.S.C., (Against All DEFENDANTS 0. Plaintiff re-alleges and incorporates herein by reference each and every allegation contained within paragraphs through, inclusive, as though set forth at length herein and made a part hereof.. Plaintiff is an individual protected under the Uniformed Services Employment and Reemployment Rights Act of ( USERRA (a, U.S.C. 0-.. CITY OF SAN DIEGO violated of USERRA by creating a hostile work environment though harassing, discriminatory and degrading comments and conduct related to and arising in and out of Plaintiff s United States Nacy membership and service obligations.. Plaintiff has been subjected to the CITY OF SAN DIEGO s continuous pattern of harassment in which the CITY OF SAN DIEGO has repeatedly chided and derided Plaintiff for his military service through the use of discriminatory conduct and derogatory comments regarding their military service and military service obligations.. The CITY OF SAN DIEGO ratified each and every action of harassment by refusing to act or even investigate complaints made by Plaintiff.. The specific acts perpetrated by THE CITY OF SAN DIEGO by and through its managerial employees, and others, constituted a pattern of practice of intentional harassment related to Plaintiff s service obligations and military affiliation, and therefore violated of USERRA.. By repeatedly harassing the Plaintiff, CITY OF SAN DIEGO violated of USERRA by creating an environment of severe and pervasive harassment at the CITY OF SAN DIEGO, thereby altering the conditions of employment and creating a hostile work environment. --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of 0. Plaintiff s service obligation were a motivating factor in all of the discriminatory comments made and derogatory actions taken against the Plaintiff by the CITY OF SAN DIEGO. VII. PRAYER FOR RELIEF WHEREFORE, Plaintiff, prays for judgment against the CITY OF SAN DIEGO, its officers, agents, employees, successors and all persons in active concert or participation with it as follows:. Declare that the acts and practices complained of herein are unlawful and are in violation of USERRA, U.S.C. 0, et. seq.;. Require that the CITY OF SAN DIEGO fully comply with the provisions of USERRA by providing Plaintiff employment benefits denied them as a result of the unlawful acts and practices under USERRA s described herein;. Enjoin the CITY OF SAN DIEGO from taking any action against Plaintiff that fails to comply with the provisions of USERRA;. Award Plaintiff s prejudgment interest on the amount of lost wages or employment benefits found due;. Award special damages to Plaintiff according to proof at trial;. Award general damages to Plaintiff according to proof at trial;. Award reasonable attorneys fees and costs to counsel; and. Grant such other and further relief as may be just and proper and which Plaintiff may be entitled to under all applicable laws. Dated: January, LAW OFFICES OF CHRISTOPHER C. SALDAÑA By: Christopher C. Saldaña Christopher C. Saldaña Attorneys for Plaintiff MICHAEL MEOLI --
Case :-cv-000-jah-ksc Document Filed 0/0/ Page of VII. DEMAND FOR JURY TRIAL PLEASE TAKE NOTICE that pursuant to Rule, Fed. R. Civ. P. and the Seventh Amendment to the United States Constitution, Plaintiff demands a trial by jury against the Defendants, and each of them, for each claim for relief so triable. 0 Dated: January, LAW OFFICES OF CHRISTOPHER C. SALDAÑA By: Christopher C. Saldaña Christopher C. Saldaña Attorneys for Plaintiff MICHAEL MEOLI --