Christina Miller v. Ravenswood City Unified School District, Mack McClendon, Charlie Mae Knight and Floyd Gonella
Published: Apr. 21, 2007 | Result Date: Jan. 25, 2007 | Filing Date: Jan. 1, 1900 |Case number: 3:04-cv-03569-WHA Settlement – $50,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
John A. Shupe
(Lynch & Shupe LLP)
Experts
Defendant
Jane Enright
(technical)
Facts
Christina Miller was a food service manager employed by the Ravenswood City Unified School District to facilitate compliance with child nutrition regulations. She alleged that she complained to her superintendent, Charlie Knight, that the school district's chief business officer, Mack McClendon, sexually harassed her.
She alleged she later complained to the new superintendent, Floyd Gonella, that McClendon forced her to work late with him alone. McClendon criticized Miller and recommended that the School District Governing Board terminate her employment for poor performance. Soon before the Board was scheduled to act upon the recommendation, Ms. Miller submitted her resignation to Superintendent Gonella.
Miller sued the school district, McClendon, Knight, and Gonella for wrongful termination, retaliation, and sexual harrassment. However, because Miller failed to timely file a tort notice to the school district, the individual parties were dismissed. Through a later summary judgment motion all claims except that for sexual harassment were thrown out.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended the individual defendants failed to address her complaints about a hostile work environment created by her superior's offensive conduct. Further, the superintendent concocted a false pretext for firing her, even fabricating resignation papers to show she quit.
DEFENDANT'S CONTENTIONS:
Defendants contended plaintiff resigned and failed to avail herself of defendant's sexual harassment policy.
Damages
Plaintiff claimed unspecified damages for emotional distress and past lost income, demanding $350,000.
Result
Settled for $50,000 (the amount of defendants' pre-trial offer).
Other Information
This case was mediated by Evelyn Hunt. Ms. Hunt was not involved at the point plaintiff accepted defendants' Rule 68 offer.
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