United States District Court, D. Nebraska
BRITTANY L. TEAL, Plaintiff,
BEHAVE'N DAY CENTER, INC., A Nebraska Corporation, Defendant.
Patrick M. Flood, #19042 Michael R. Peterson, #23444 Pansing Hogan Ernst & Bachman LLP Attorneys for Plaintiff
Kathryn A. Ditto, #23513 Rhianna A. Kittrell, #25366 FRASER STRYKER PC LLO Attorneys for Defendant
ORDER ON FINAL PRETRIAL CONFERENCE
F.A. Gossett, III United States Magistrate Judge
A final pretrial conference was held on the 19th day of February, 2016. Appearing for the parties as counsel were:
Patrick M. Flood and Michael R. Peterson for Plaintiff. Kathryn A. Dittrick and Rhianna A. Kittrell for Defendant.
See attached Exhibit List and Designations of Deposition Testimony and Discovery Responses.
Caution: Upon express approval of the judge holding the pretrial conference for good cause shown, the parties may be authorized to defer listing of exhibits or objections until a later date to be specified by the judge holding the pretrial conference. The mere listing of an exhibit on an exhibit list by a party does not mean it can be offered into evidence by the adverse party without all necessary evidentiary prerequisites being met.
(B) Uncontroverted Facts.
The parties have agreed that the following may be accepted as established facts for purposes of this case only:
1. Plaintiff, Brittany L. Teal ("Plaintiff'), is a resident of the State of Nebraska.
2. Defendant, Behave'n Day Center, Inc. ("Defendant"), is a corporation organized under the laws of the State of Nebraska. Its principal place of business is located in the State of Nebraska.
3. Defendant operates a mental health day treatment program for children with moderate to severe behavioral issues and also provides therapy for families and children on an outpatient basis.
4. Defendant utilizes time-out rooms and barrier rooms as part of its discipline policies for children attending the treatment program.
5. Plaintiff, a female, worked at Defendant's facility in Omaha from April of 2011 until June 28, 2013, when her employment with Defendant was terminated.
6. From November, 2012 through the date of her termination, Plaintiff worked as the Program Coordinator at Defendant's Omaha facility.
7. Beginning in October of 2012, Gail Williams ("Williams") served as Defendant's Clinical Director of the Omaha facility and was also Plaintiffs supervisor.
8. Plaintiff was approximately five (5) months pregnant at the time of her termination on June 28, 2013.
(C) Controverted and Unresolved Issues.
The issues remaining to be determined and unresolved matters for the court's attention are:
1. Whether Plaintiff was meeting Defendant's legitimate job expectations.
2. Whether Defendant's termination of Plaintiffs employment constitutes discrimination on the basis of pregnancy and/or related medical conditions in violation of the Pregnancy Discrimination Act of 1978 and amendments thereto.
3. Whether Defendant's termination of Plaintiffs employment constitutes discrimination on the basis of her sex and pregnancy related medical conditions in violation of the Nebraska Fair Employment Practice Act.
4. Whether Defendant's termination of Plaintiffs employment constituted unlawful retaliation in violation of the Nebraska Fair Employment Practice Act.
5. Whether Plaintiff engaged in a protected activity under the Nebraska Fair Employment Practice Act.
6. Whether there exists a causal connection between any protected activity and the termination of Plaintiff s employment.
7. Whether Defendant's reason for terminating Plaintiffs employment was pretext for a discriminatory or retaliatory reason.
8. Whether Defendant acted with malice and reckless indifference to Plaintiffs federally protected rights.
9. The nature and extent of damages Plaintiff suffered, if any, as a direct and proximate result of Defendant's conduct.
10. Whether Plaintiff is entitled to punitive damages, and if so, in what amount.
11. Whether Plaintiff is entitled to attorney's fees and costs, and if so, in what amount.
12. Whether Plaintiff was terminated for legitimate, non-discriminatory reasons unrelated to her pregnant condition.
13. Whether Plaintiff failed to mitigate her damages.
All witnesses, including rebuttal witnesses, expected to be called to testify by plaintiff, except those who may be called for impeachment purposes ...