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Gerald L. Hunter v. Radioshack Corporation

June 10, 2011

GERALD L. HUNTER,
PLAINTIFF,
v.
RADIOSHACK CORPORATION,
NON-DISPOSITIVE MOTION DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER Discovery Cut-Off: 12/15/11 Filing Deadline: 1/6/12 Non-Dispositive Motion Ctrm. 7 Hearing Date: 2/10/12 9:00 Deadline: 2/6/12 Dispositive Motion Filing

Dispositive Motion Hearing Date: 3/12/12 10:00 Ctrm. 3 Settlement Conference Date: 1/10/12 10:30 Ctrm. 7 Pre-Trial Conference Date: 4/16/12 11:00 Ctrm. 3 Trial Date: 5/30/12 9:00 Ctrm. 3 (JT-5days)

I. Date of Scheduling Conference.

June 8, 2011.

III. Summary of Pleadings.

A. Plaintiff's Factual Contentions.

1. From on or about November 3, 2006 through June 9, 2010, Plaintiff was employed as a sales clerk by RadioShack at the Oakhurst store.

2. Plaintiff was employed pursuant to an oral agreement.

3. Plaintiff performed satisfactorily all of the duties and conditions under the oral agreement.

4. Plaintiff was terminated on June 9, 2010, because of his age.

5. As a result of Defendant's conduct, Plaintiff sustained severe and serious injury to his person.

6. As a result of Defendant's conduct, Plaintiff suffered humiliation, embarrassment and mental anguish.

7. Because of Defendant's conduct, Plaintiff will be required to employ the services of physicians, nurses and other health care professionals in the future.

8. Plaintiff has been unable to engage in his employment since his termination.

9. Plaintiff will be unable to perform his usual and customary employment for an indefinite period.

10. The conduct of Defendant RadioShack was without good, just or legitimate cause.

11. Plaintiff's termination was done with the intent to cause injury to Plaintiff.

12. In terminating Plaintiff, Defendant acted maliciously, oppressively and despicably.

13. The employment agreement between Plaintiff and RadioShack contained an implied covenant of good faith and fair dealing obligating Defendant RadioShack to act in good faith and fairly towards Plaintiff.

14. Defendant RadioShack breached the implied covenant of good faith and fair dealing by causing Plaintiff's termination in bad faith and for reasons extraneous to the contract.

15. Plaintiff was terminated without good, just or legitimate cause.

16. Plaintiff was terminated because of his age.

17. Plaintiff was assured by Defendant through Defendant's actions, statements and conduct that Plaintiff would not be terminated arbitrarily.

18. Because of Defendant's conduct and statements, Plaintiff was led to conclude that Defendant entered into an implied contract with Plaintiff not to discharge Plaintiff unless there was good cause to do so.

19. Plaintiff received regular raises and promotions as a result of his job performance.

20. During the time Plaintiff was employed by Defendant, Plaintiff received no disciplinary action, including, but not limited to, warnings against him.

21. Plaintiff has an implied contract with Defendant that he would be employed by Defendant as long as his performance was satisfactory and that Defendant would not cause him to be discharged without good and just cause.

22. Plaintiff performed all of the duties and conditions of his employment agreement. Defendant knew that Plaintiff had fulfilled all of the duties and conditions of the employment agreement with RadioShack.

23. Without misconduct on the part of Plaintiff, and without good cause, Defendant breached the employment agreement by engaging in conduct separate and apart from the performance of obligations of the agreement and without good cause.

24. As a result of the Plaintiff not being able to obtain comparable employment, following his termination, he has sustained substantial lost wages and benefits.

25. Defendant's conduct in terminating Plaintiff without good cause was intentional, extreme, outrageous and done with the intent to cause emotional distress to Plaintiff.

26. Plaintiff has suffered severe emotional distress as a result of Defendant's conduct.

27. Plaintiff has suffered damages in a sum within the jurisdiction of this Court, i.e., in excess of $75,000.

28. Plaintiff continues to suffer substantial losses in income, earnings and benefits.

29. Plaintiff was denied the terms and conditions of his employment because of his age in violation of Govt. Code § 12940.

30. On or about June 9, 2010, Plaintiff's employment was terminated because of his age.

31. Plaintiff is a member of the class of persons protected from age discrimination in that he is over the age of

40.32. Defendant RadioShack regularly employs five or more persons.

33. Within one year from the date of the most recent act of discrimination, Plaintiff filed a charge of age discrimination with the California Department of Fair Employment and Housing and the Equal Employment Opportunity Commission.

34. On or about August 3, 2010, Plaintiff received a Right-To-Sue Notice from the Equal Employment Opportunity Commission.

35. As a direct and proximate result of Defendant's age discrimination, Plaintiff has suffered severe and serious injury to his person, all to his damage in a sum within the jurisdiction of this Court.

36. In addition, as a result of Defendant's age discrimination, Plaintiff has suffered and continues to suffer substantial losses in income, earnings and benefits.

37. In engaging in unlawful age discrimination, Defendant RadioShack acted maliciously, despicably and intentionally.

B. Plaintiff's Legal Contentions.

1. That Plaintiff was wrongfully terminated in violation of the public policy against age discrimination set forth in Govt. Code § 12940.

2. That, in terminating Plaintiff, Defendant breached the implied covenant of good faith and fair dealing.

3. That, in terminating Plaintiff, Defendant breach the implied covenant not to terminate Plaintiff except for good cause.

4. That, in its treatment of Plaintiff, Defendant engaged in intentional infliction of emotional distress.

5. That, in denying Plaintiff the terms and conditions of his employment because of his age, Defendant engaged in unlawful age discrimination in violation of Govt. Code § 12940.

6. That Defendant's conduct toward Plaintiff was despicable, oppressive, malicious and intentional, warranting punitive damages.

C. Defendant's Factual Contentions.

1. Plaintiff was terminated because of unsatisfactory ...


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