Telephone: (619)

Similar documents
Case 2:17-cv JAM-EFB Document 1 Filed 10/31/17 Page 1 of 11 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Attorneys for Plaintiffs MICHELLE RENEE MCGRATH and VERONICA O BOY, on behalf of themselves, and all others similarly situated

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO. Case No.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 2:17-cv KJM-KJN Document 1 Filed 12/28/17 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

BANKRUPTCY LAW CENTER, APC Abbas Kazerounian, Esq. [SBN: ] Ahren A. Tiller, Esq. [SBN ]

R. BRIAN DIXON, Bar No LITTLER MENDELSON, P.C.

UNITED STATES DISTRICT COURT DISTRICT OF HAWAII CV

1. OVERTIME COMPENSATION AND

SUPERIOR COURT OF CALIFORNIA FOR SANTA CRUZ COUNTY

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 3:16-cv LB Document 1 Filed 06/11/16 Page 1 of 14

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE SUPERIOR COURT OF CALIFORNIA

Case 3:18-cv JSC Document 1 Filed 05/02/18 Page 1 of 11

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. [Complaint Filed 11/24/2010] [Alameda County Case No.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ALICIA HARRIS, as an individual and on behalf of all others similarly situated,

Case 3:15-cv JLS-JMA Document 1 Filed 06/26/15 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JURISDICTION AND VENUE

Case 2:16-cv GMN-VCF Document 1 Filed 04/26/16 Page 1 of 10

similarly situated, seeks the recovery of unpaid wages and related damages for unpaid minimum wage and overtime hours worked, while employed by Bab.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case No. ) ) ) ) ) ) ) ) ) ) ) ) )

Case 5:16-cv RSWL-KK Document 11 Filed 04/19/16 Page 1 of 7 Page ID #:95

Case 2:19-cv RSWL-SS Document 14 Filed 02/19/19 Page 1 of 12 Page ID #:164

Courthouse News Service

Case3:15-cv Document1 Filed01/09/15 Page1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CLASS ACTION COMPLAINT AND JURY DEMAND

Case 3:15-cv EDL Document 1 Filed 12/09/15 Page 1 of 16

[Additional Attorneys on Signature Page]

COMPLAINT DEMAND FOR JURY TRIAL

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Case 3:18-cv Document 1 Filed 08/24/18 Page 1 of 9

Attorney for Plaintiff TIPSY ELVES LLC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

9:12-cv PMD-BHH Date Filed 09/17/12 Entry Number 1 Page 1 of 8

Case 4:08-cv RCC Document 1 Filed 02/25/08 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA TUCSON DIVISION

FILED SAN MAteO COUNTY

QUINTILONE & ASSOCIATES

Case 3:19-cv Document 1 Filed 01/30/19 Page 1 of 17

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case3:05-cv WHA Document1 Filed02/14/05 Page1 of 5

IN THE THIRD JUDICIAL DISTRICT COURT, STATE OF UTAH COUNTY OF TOOELE, TOOELE DEPARTMENT

wage statements that comply with California law (or provide wage statements at all). Finally,

Case 3:16-cv SK Document 1 Filed 08/17/16 Page 1 of 23

Case 1:17-cv Document 1 Filed 12/07/17 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK. Defendants.

Case 5:13-cv PSG-AJW Document 22 Filed 01/21/14 Page 1 of 20 Page ID #:256

IN THE CHEUNG YIN SUN, LONG MEI FANG, ZONG YANG LI,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI`I ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT. Introduction

IN THE CIRCUIT COURT OF CASS COUNTY, MISSOURI AT HARRISONVILLE

Case 1:18-cv RP Document 1 Filed 06/13/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Courthouse News Service

3 James A. McDaniel (Bar No ) 9 UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA-SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE JURISDICTION

Case 3:02-cv JAH-MDD Document 290 Filed 08/14/12 Page 1 of 10

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Case 1:18-cv Document 1 Filed 02/01/18 Page 1 of 15

) ) ) ) ) ) Case No.: 2:12-cv- ) ) ) COME NOW Plaintiff the Cheyenne and Arapaho Tribes ("Tribes") by and

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION

[Other Attorneys of Record Listed on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

26 /1/ 28 /1/ Donny E. Brand (SBN ) BRAND LAW FIRM E. 4th St., Suite C-473

Case 3:19-cv GPC-LL Document 4 Filed 03/22/19 PageID.16 Page 1 of 10

Case 3:18-cv Document 1 Filed 09/19/18 Page 1 of 12 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

(212) (212) (fax) Attorneysfor Named Plaintiffand the proposed FLSA Collective Plaintiffs

Case 1:17-cv Document 1 Filed 08/31/17 Page 1 of 14

SAN DIEGO COUNTY. CA 5. Attorneys for Plaintiffs GREG PALOMARES and JESUS BALLESTEROS, individually and on behalf of all others similarly situated

RELIEF FOR VIOLATIONS OF: SOLARCITY CORPORATION,

Case3:13-cv SI Document11 Filed03/26/13 Page1 of 17

Case 2:18-cv Document 1 Filed 01/24/18 Page 1 of 10 Page ID #:1. Deadline UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, WESTERN DIVISION

Attorneys for Plaintiff STEVE THOMA UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA STEVE THOMA

Case: 1:11-cv Document #: 1 Filed: 07/19/11 Page 1 of 10 PageID #:1

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

-2- First Amended Complaint for Damages, Injunctive Relief and Restitution SCOTT COLE & ASSOCIATES, APC ATTORNEY S AT LAW TEL: (510)

Case 1:17-cv Document 1 Filed 08/30/17 Page 1 of 13 PageID #: 1. No.: Defendants.

Attorneys for Plaintiffs and the putative class.

From Article at GetOutOfDebt.org

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION

NATURE OF THE ACTION. enforcement of the Arbitration Award entered November 24, 2015 styled In the

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE UNLIMITED JURISDICTION

Kanter v. California Administrative Office of the Courts Doc. 10 Case 3:07-cv MJJ Document 10 Filed 07/02/2007 Page 1 of 13

Case 0:10-cv KMM Document 1 Entered on FLSD Docket 08/10/2010 Page 1 of 7

Page 1 of 8 TO THE DEFENDANT ABOVE-NAMED: SARAH ( SALLY ) WARWICK

2. One of the defendant in the case is Parker & Gould (P&G). What is exactly P&G?

FILED: QUEENS COUNTY CLERK 06/27/ :52 PM INDEX NO /2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/27/2018

Case 1:18-cv Document 1 Filed 09/28/18 Page 1 of 25

Case 2:16-cv JTM-TJJ Document 1 Filed 05/25/16 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 1:08-cv TLL-CEB Document 19 Filed 10/09/2009 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

[Other Attorneys of Record Listed on Signature Page] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 2:15-cv Document 1 Filed 12/09/15 Page 1 of 19 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY NO. Plaintiff CESAR SANCHEZ-GUZMAN, by and through his attorneys, hereby states

Case 4:10-cv CW Document 1 Filed 10/13/10 Page 1 of 8

they are so related in this action within such original jurisdiction that they form part (212) (212) (fax)

Transcription:

Case 3:-cv-01-DMS-BGS Document 1 Filed 0/23/ Page 1 of I DOUGLAS E. GEYMAN, ESQ. (CSBN 14) Law Offices of Douglas E. Geyman 0 B Street, Suite 20 San Diego, CA 21-3 3 Telephone: () 232-333 4 Facsimile: () 232-33 Attorneys for Plaintiff UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA YANI K. TIDWELL, an individual Case No.: 'CV1 DMS BGS Plaintiff, v. FOR DAMAGES AND QUECHAN INDIAN TRIBE d/b/a QUECHAN CASINO RESORT; RONDA AGUERRO, an individual, 1 and DOES 1 20, inclusive, Defendants. 20 21 22 23 24 2 ill 2 2 EQUITABLE RELIEF "les

Case 3:-cv-01-DMS-BGS Document 1 Filed 0/23/ Page 2 of 1 Plaintiff Yani K. Tidwell ("Plaintiff') alleges the following: 2 1. PARTIES 3 I. Plaintiff is an individual currently residing in Yuma, Arizona. 2. Defendant Quechan Indian Tribe ("Quechan Indian Tribe") is a native A merican Indian tribe that owns and operates the Quechan Casino Resort ("Quechan asino"), located in Winterhaven, California and Paradise Casino in Arizona. 1 ndian Tribe. 3. Defendant Ronda Aguerro ("Aguerro") is the Vice President for Quechan 4. Defendant Amber Espino ("Espino") is the Human Resources Director for uechan Indian Tribe.. Defendant Christina Tozcek ("Tozcek") is the Acting Finance anager/general Ledger Accountant for Quechan Indian Tribe.. Plaintiff was previously employed by the Quechan.. Plaintiff currently without knowledge of the true names and capacities of he defendants sued herein as Does One through Twenty, inclusive, and therefore sue hose defendants by fictitious names. Plaintiff will amend the complaint to allege said efendants' true names and capacities when they are detelinined. Plaintiffs are informed :rid believe, and thereon allege, that each of the fictitiously named defendants is esponsible for the unlawful acts alleged herein causing damages to Plaintiffs. Plaintiffs ccordingly incorporate by reference each ofthe allegations herein against each 20 ictitiously named defendant. 21. Plaintiffis informed and believes, and thereon alleges, that each defendant 22 as the agent of the other defendants and that each acted in the course and scope oftheir 23 gency with the permission and consent of the other defendants. 24. Plaintiffis informed and believes, and thereon alleges, that each of the 2 defendants was the alter ego of the others in that corporate formalities were not 2 observed, that the business of each defendant was involved with the others to the extent 2 that they cannot be separated, and the observance of the fiction of separate existence would promote injustice

Case 3:-cv-01-DMS-BGS Document 1 Filed 0/23/ Page 3 of 1 II. JURISDICTION 2. Plaintiff re-alleges and incorporates Paragraphs 1 as if fully 3 herein. 4. Jurisdiction is proper in this Court as Plaintiff seeks equitable relief solely in this matter pursuant to the doctrine of Ex parte Young, which permits a private plaintiff to sue a state and its officials, even where sovereign immunity has not been 1 waived, where an official has acts outside the scope of his or her authority violation of the law. IIL VENUE herein.. Plaintiff re-alleges and incorporates Paragraphs 1 as if fully. Venue is proper in the district court as the events giving complaint occurred within Imperial County, California Indonesia. IV. FACTUAL BACKGROUND and in rise to the. Plaintiff is an Asian American female, with a national original of 1. Plaintiff was employed by the Quechan Indian Tribe beginning in October 2003. During the entire term ofher employment she received favorable evaluations and never any negative criticism of her work.. Plaintiff was employed during this time as the Assistant to the Comptroller 20 for the Quechan Indian Tribe. 21. Based on Plaintiff's history with the Quechan Indian Tribe and her 22 continued superior performance, Plaintiff looked forward to a long and beneficial 23 employment with the Tribe. 24. In May 20, Plaintiff was terminated by Defendants for allegedly failing 2 to notify the Comptroller of an error in calculating a per capita distribution, failing to 2 assist the Comptroller in processing a transfer of funds, and insubordination. 2. Each of the proffered reasons is factual incorrect and pretextual.

Case 3:-cv-01-DMS-BGS Document 1 Filed 0/23/ Page 4 of 1 20. The error in the per capita 2 on leave and was performed by the Comptroller during distribution calculation occurred while she was her absence. She was not in the 3 position to have any knowledge of the error. The additional information that would 4 have alerted her to the error was withheld from her by the comptroller. li 1 21. The alleged failure to assist the Comptroller in the processing of the transfer of funds was also incorrect as the Plaintiffhad no responsibility for such actions and was not asked to assist the comptroller 22. Finally, with the transfer. the Plaintiff was never insubordinate. 23. In June 20, Plaintiff appealed Quechan Tribal procedures. her temiination in accordance with the 24. At her appeal hearing in October 20, Plaintiff was denied the right represented by counsel of her choosing. to be 2. The appeals hearing itself was clearly little more than a perfunctory rubberstamp on the prior decision to terminate Plaintiff. Plaintiff was not allowed to be present when witness, who gave testimony regarding her employment to terminate her were present. and the decision 2. After the appeals hearing, which was presided over by Defendants Aguerro, the decision to terminate Plaintiff was upheld. 2. During her employment, Plaintiff has seen non-asian employees as well as male employees engage in far worse behavior without any negative consequences. 20 2. As a consequence of Plaintiff s loss of employment as a result of her 21 wrongful termination from the Quechan Indian Tribe, Plaintiffhas lost income, benefits, 22 suffered emotional distress, and incurred attorney's fees subject to proof 23 IV. FIRST CAUSE OF ACTION 24 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS at trial. 2 (AGAINST ALL DEFENDANTS) 2 2. Plaintiff re-alleges and incorporates Paragraphs 1 2 as if fully 2 herein.

Case 3:-cv-01-DMS-BGS Document 1 Filed 0/23/ Page of 1 30. Defendants have knowingly and willfully deprived Plaintiff of her 2 employment with Quechan Indian Tribe. Defendants deprived 3 employment without due process and because of Plaintiff's ethnicity 4 origin. 1 Plaintiff of her and/or national 31. As a result of Defendants' actions, Plaintiff has suffered economic and non-economic damages to include, lost past and future wages, lost benefits and emotional distress. 32. Plaintiff seeks damages for loss of income and emotional distress, 33. In the alternative, Plaintiff seeks equitable relief. Specifically, Plaintiff seeks reinstatement to her former position. herein. V. SECOND CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (AGAINST DEFENDANTS AGUERRO, TOZCEK and ESPINO) 34. Plaintiff re-alleges and incorporates Paragraphs I 33 as if fully 3. Defendants Aguerro, Tozcek and Espino intentionally deprived Plaintiffof her employment with Quechan, knowing full well that there was no basis for them to terminate the Plaintiff. 3. Defendants Aguerro, Tozcek and Espino committed the above acts maliciously, fraudulently and oppressively with the knowledge and intent that those acts 20 would cause Plaintiff to suffer severe emotional distress. 21 3. As a result of Defendants Aguerro, Tozcek and Espino's acts, Plaintiff has 22 suffered severe emotional distress, to include depression, loss of enjoyment of life, and 23 other mental distress to be proven at trial. 24 PRAYER FOR RECOVERY 2 Accordingly, Plaintiff prays for Judgment 2 2 as follows: I. For all economic damages to be established at trial, trebled; 2. For pre-judgment interest as established by law; 3. For statutory penalties and attorneys' fees;

Case 3:-cv-01-DMS-BGS Document 1 Filed 0/23/ Page of 1 4. For reinstatement to her prior position; 2. For costs of suit; and. For other such relief as the 3 court may order. 4 Dated: May 22, 20 LAW OFFICES OF DOUGLAS E. GEYMAN By: /s/ Douglas E. Geyman Douglas E. Geyman Attorneys for Plaintiff Yani K. Tidwell 1 20 21 22 23 24 2 2 2