Franklin-Mason v. Johnson

District of Columbia, dcd-1:2003-cv-00945

MEMORANDUM by ROXANN J. FRANKLIN-MASON.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA) ROXANN J. FRANKLIN-MASON)) Plaintiff,)) v.) Civil Action No. 03-0945 JEB) B.J. BENN) Secretary of the Navy,)) Defendant.)) PLAINTIFF'S SUPPLEMENTAL PLEADING REGARDING ASSERTED CLAIMS FOR REQUESTS FOR TRANSFERS AND ABILITY TO COMPETE FOR PROFESSIONAL OPPORTUNITIES COMES NOW, plaintiff, Roxann Franklin Mason, by and through her undersigned counsel, and pursuant to the Court's Order, dated August 24, 2016, hereby respectfully submits this pleading relating to Ms. Franklin Mason's asserted claims relating to her ability to transfer and compete of positions consistent with her experience and training. 1) During the pretrial conference held on August 24, 2016, defendant represented to the Court that Ms. Franklin Mason's assertion in the pretrial statement of claims relating to her ability to transfer and compete for other positions was the first time defendant had been advised of these asserted claims. This representation was false. 2) From at least 2001 until her constructive termination, Ms. Franklin Mason and her counsel asked, requested and even begged defendant to transfer or otherwise reassign her. By her motions to enforce and motion for preliminary injunction, Ms. Franklin Mason requested transfer or reassignment as a remedy for defendant's inability to provide her with appropriate duties. Defendant did not transfer or reassign Ms. Franklin Mason under circumstances raising an 1 inference of unlawful retaliation. Ex. A. Letters to Assistant United States Attorney Fred Haynes. 3) By her complaint, Ms. Franklin Mason raised these facts on at least two junctures. See R. 1 p. 6, paragraph 18 ("Ms. Franklin-Mason has been unable to seek a transfer to other organizations in the Department of the Navy because she does not have a recent performance evaluation to include with any such transfer request or application. The lack of a performance evaluation and lack of substantive professional work also greatly hampers her ability to complete (sic) for jobs outside of the Department of the Navy. Nor has Defendant made any efforts to assign Ms. Franklin-Mason more substantive work, either in her current position or by transfer to another job."). See also, R. 1 at p. 7, paragraph 22. 4) In responding to defendant's First Request for Interrogatories, Ms. Franklin Mason disclosed these facts and events. Ex. B Plaintiff's Responses and Objections to Defendant's First Request for Interrogatories, No. 1, pp. 7-8. ("Plaintiff Franklin-Mason has been unable to seek a transfer to other organizations in the Department of the Navy because she does not have a recent performance evaluation to include with any such transfer request or application. The lack of a performance evaluation and lack of substantive professional work also greatly hampers her ability to compete for jobs outside of the Department of the Navy.") 5) During the course of Ms. Franklin Mason's deposition in 2004, Ms. Franklin Mason was asked and answered questions posed by defendant relating to her ability to transfer and compete for other positions. Ex. C, Relevant Portions of Deposition of Roxann Franklin Mason, dated February 27, 2004, pp. 77-81, 89-91, 94, 100, 104-105. 6) During the course of agency witness Michael Herb's deposition in 2004, Herb was asked and answered questions relating to Ms. Franklin Mason's transfer and reassignment efforts. Ex. D. Relevant Portions of Deposition of Michael Herb, dated April 7, 2004. Herb's deposition 2 testimony relating to the issue of transfer or reassignment was hardly fleeting: it consisted of about 17 pages of testimony. Two months after Herb's deposition, Ms. Franklin Mason was constructively discharged. 7) In opposing defendant's motion for partial summary judgment, Ms. Franklin Mason alleged that she had been "harmed because the Agency took retaliatory steps to foreclose any and all meaningful professional opportunities." R. 38, p 11. 8) In sum, Ms. Franklin Mason has articulated facts relating to these claims and issues clearly and unequivocally for over twelve years and defendant has had a full and fair opportunity to conduct discovery for more than a decade. WHEREFORE, Plaintiff Roxann Franklin Mason respectfully submits that defendant has been well aware of her claims relating to her requests for transfer and ability to compete for other professional opportunities for more than a decade. Respectfully submitted, /s/ Lisa Alexis Jones Lisa Alexis Jones, Esq. One Rockefeller Plaza 10th Floor New York, N.Y. 10020 (646) 756-2967 (888) 755-6778 Facsimile ljones@lisaajones.com Counsel for Plaintiff Dated: August 30, 2016 3 CERTIFICATE OF SERVICE I hereby certify that on this 30th day of August 2016, I caused to be sent via ECF Plaintiff's Supplemental Pleading Regarding Asserted Claims For Requests For Transfers And Ability To Compete For Professional Opportunities, to: Fred E. Haynes, Esq. Courtney Enlow, Esq. Assistant United States Attorneys 555 Fourth Street, N.W. Washington, D.C. 20530 /s/ Lisa Alexis Jones Lisa Alexis Jones, Esq. 4