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Reynante v. Seaside Integrative Medical Center, Inc.

United States District Court, S.D. California

April 5, 2018

ALLYSON REYNANTE, Plaintiff,
v.
SEASIDE INTEGRATIVE MEDICAL CENTER, INC., et al., Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          Hon. Cynthia Bashant, United States District Judge

         On August 31, 2016, Plaintiff Allyson Reynante (“Plaintiff”) filed a Complaint against Defendants Seaside Integrative Medical Center, Inc. (“Seaside”), Steven Williamson, and Linette Williamson, which alleged violations of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§4301-4335 and the California Military and Veteran's Code, §394. (ECF No. 1 Complaint.) Proceeding pro se in this action, Defendants Steven and Linette Williamson answered the Complaint. (ECF Nos. 6, 13.)[1]

         This matter was set for a bench trial, which took place on April 3, 2018. The Court heard and took evidence presented at trial. Based upon the stipulations of fact by the parties, the testimony and exhibits received into evidence at trial, and after full consideration of the arguments presented by the parties, the Court issues the following findings of fact and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

         I. STIPULATIONS OF FACT AND LAW[2]

         1. The jurisdiction of this court is founded on federal question jurisdiction, 28 U.S.C. §1331, as conferred by 38 U.S.C. §4323(b)(3), and jurisdiction as to the remaining Counts is conferred by 28 U.S.C. §1367(a).

         2. Venue is proper because Seaside Integrative Medical Center, Inc. (“Seaside”) maintains a place of business in this district, as provided in 38 U.S.C §4323(c)(2), 28 U.S.C. §1391(b).

         3. Plaintiff, Allyson Reynante, is a citizen of the United States and a resident of the State of Virginia.

         4. Plaintiff was a Specialist (paygrade E-4) in the Washington Army National Guard.

         5. At all relevant times, Plaintiff was a qualified employee and member of the uniformed services for purposes of 38 U.S.C. §§4303(3), (9), and (16).

         6. Seaside is a corporation organized under the laws of the State of California. Seaside's principal place of business is Encinitas, California. At all relevant times, Seaside was and is an employer for purposes of 38 U.S.C. §4303(4)(A) and §4323(i).

         7. Defendant Steven Williamson is an individual who at all times relevant herein was a resident of the County of San Diego, State of California. At all relevant times, Steven Williamson was and is an owner, officer, or director of Defendant Seaside. At all relevant times, Steven Williamson was and is an employer for purposes of 38 U.S.C. §4303(4)(A) and §4323(i).

         8. Defendant Linette Williamson is an individual who at all times relevant herein was a resident of the County of San Diego, State of California. At all relevant times, Linette Williamson was and is an owner, officer, or director of Defendant Seaside. At all relevant times, Linette Williamson was and is an employer for purposes of 38 U.S.C. §4303(4)(A) and §4323(i).

         9. Plaintiff first came into contact with Defendants Steven and Linette Williamson when she applied in July 2015 for a position as a medical assistant with Coast Medical Center, Inc. (“Coast”).

         10. Coast was a California corporation that was owned by Defendants Steven and Linette Williamson, was incorporated in November 2000 and was dissolved in or about August 2015.

         11. Plaintiff notified Defendants Steven and Linette Williamson of her ongoing military service obligations prior to being hired in July 2015.

         12. Shortly after beginning work with Coast, Plaintiff signed an IRS form W-4.

         13. On August 7, 2015, Steven Williamson held a meeting at Coast with the staff, to include Plaintiff, and explained that due to an ongoing lawsuit from a former employee, that Coast would likely declare bankruptcy and might close the business.

         14. On August 10, 2015, Brenda Kough, Coast's office manager, informed Plaintiff that she would no longer be employed by Coast due to the ongoing litigation. Ms. Kough, Steven and Linette Williamson asked Plaintiff if she would return to work with them after the situation had resolved. Plaintiff replied affirmatively that she would return to work.

         15. On August 13, 2015, Defendant Steven Williamson left a voicemail for Plaintiff asking if she could fill in at Coast for one day for another employee who was out sick.

         16. On August 14, 2015, Plaintiff worked one day for Coast and was ...


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