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PLAINTIFF,
vs.
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This is a civil action seeking monetary and injunctive relief for violation of
federal civil rights laws. Plaintiff hereby alleges the following:
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AMENDED COMPLAINT
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U.S.C. 1331 because Plaintiffs claims arise under Title VII of the Civil Rights Act of 1964,
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2.
a substantial part of the events or omissions giving rise to the claim[s] occurred in Nevada.
THE PARTIES
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3.
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corporation. SAM is an organization that operates Mustang Monument, a wild horse resort.
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5.
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Plaintiff is informed and believes, and on that basis alleges, that DEL MAR is a company
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affiliated with SAM, with business operations in Elko County, Nevada and San Diego County,
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California. DEL MAR operates the Del Mar Country Club in Rancho Santa Fe, California.
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services, shared direct or indirect control over Plaintiff, and acted in the interest of one another.
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Thus, they do constitute a joint employer as defined by relevant U.S. Department of Labor
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He filed timely
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true and correct copy of the EEOC Right-To-Sue Letter is attached as Exhibit 1 and is
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FACTUAL BACKGROUND
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In approximately January 2012, Mr. Appling began working for Del Mar
County Club, Inc., as a sous chef. DEL MAR is an exclusive country club in Rancho Santa Fe,
California. Mr. Appling was the only African-American employee working at this location.
While working for DEL MAR, Mr. Appling was approached by owner Madeleine Pickens, who
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is Caucasian, to become the lead chef at her new location, SAM, for a five-month period
beginning May 1, 2014. Mr. Appling expected to return to his position at DEL MAR following
this assignment at SAM.
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During the months of March and April 2014, Mr. Appling began
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preparing for his new assignment. Mr. Applings preparation included cooking sample meals
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During this time frame, Ms. Pickens told Mr. Appling I dont want you
to cook white people food, I want you to cook black people food. She then began to describe
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fried chicken, BBQ ribs, mashed potatoes, and corn bread. For at least two reasons, these
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comments were offensive to Mr. Appling based on his race. First, the phrase black people
food describes food by skin color instead of by ethnic or national origin. For example, most
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Americans use terms such as Mexican Food and Chinese Food to describe foods eaten in
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that region of the world; they do not refer to the food by skin color. The meaning of Black
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people food is also unclear: Does it mean food that Africans eat? Does it mean Caribbean
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food? Moreover, it is not a proper term for the food that Ms. Pickens described because, in a
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professional setting, she should have referenced Soul Food or African-American cuisine.
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Second, the type of food described was based on stereotypes of African-Americans eating
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During this same time frame, Mr. Appling asked Ms. Pickens her
thoughts on the food he had prepared the previous day and she told him its perfect for the
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AMENDED COMPLAINT
ranch, you just need to use less salt. I know thats hard for you since its in your genetics to eat
salty food. This statement was offensive because it is makes a comment based on the genetic
racial group are predisposed to certain behaviors is offensive, particularly when the statement is
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not true.
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On or about May 1, 2014, Mr. Appling started his position as lead chef at
SAM. At that time, Mr. Appling was still an employee of DEL MAR and was expecting to
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and harassment towards African-American members of his kitchen staff, Jeremy Bodle and
Sylvia Mayo. In speaking to Mr. Appling, Ms. Pickens would frequently refer to Mr. Bodle as
her ox or bull because of the manual labor she would assign to him. Mr. Appling, based on
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his race, was offended by these references. First, Mr. Appling was offended because Ms.
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Americas history of slavery where they were considered personal property of their owners.
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On or about May 18, 2014, Ms. Pickens and Monty Heath, property
manager, told Mr. Appling to discipline Ms. Mayo for being loud and Mr. Bodle for not
working hard enough. Ms. Pickens also told Mr. Appling that Ms. Mayo would be better off
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working as a housekeeper at the ranch (instead of assisting Mr. Appling). Mr. Appling found
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this comment offensive because of the historical context of African-American women being
forced to work as housekeepers and related racial stereotypes.
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AMENDED COMPLAINT
16.
Several hours after making these comments, Ms. Pickens instructed Mr.
Appling to terminate Mr. Bodle and Ms. Mayo. Ms. Pickens told Mr. Appling they dont look
like the people we have at the county club and they did not fit the image of the staff she
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The next day, Ms. Pickens told Mr. Appling I had to get rid of Sylvia,
she has too much personality. We already have one of you. Ms. Pickens was referring to Mr.
Appling and his race when she made the comment. Mr. Appling was particularly disturbed by
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because Mr. Appling understood Ms. Pickens to mean that one of you referred to Mr.
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referred to an African-American as you or you people it implies that we are not all equal as
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Furthermore, Ms. Pickens asked Mr. Appling: How could you hire those
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people? They dont look like the people we have at the country club. Ms. Pickens also asked
Mr. Appling: Why would you bring people like that here? By directing this comment at an
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African-American, Ms. Pickens was reinforcing a long history of African-Americans not being
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allowed into elite private club settings like DEL MAR. Mr. Appling was well aware that there
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were no other African-Americans on staff at DEL MAR and that he had never met an African-
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American member. With the proper context, these comments are plainly offensive to Mr.
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That same day, Ms. Pickens continued her offensive behavior. While Mr.
Appling plated dinner, Ms. Pickens threw trash at him and said Here, you take this out. This
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an employee is dehumanizing and, given Ms. Pickens other racially motivated comments, has
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racial overtones.
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AMENDED COMPLAINT
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mistreatment directed at him as an African-American. Mr. Heath did not take the workplace
complaint seriously and told Mr. Appling that it was a learning experience. He did nothing to
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occasions by phone, to Tommy DiMella, chef at DEL MAR, about the harassing behavior. At
DEL MAR, Mr. DiMella supervised all kitchen staff, including Mr. Appling. Mr. DiMella
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led to Mr. Applings constructive discharge on or about May 19, 2014. Following his formal
departure, Mr. Appling expected to return to work at DEL MAR; however, on or about May 22,
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2014, Beth House, Accountant/Director, told Mr. Appling that he was terminated from DEL
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During the course of his employment, Ms. Pickens, who owns and is
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President of both SAM and DEL MAR, ran the operations of both as a single entity, with
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including hiring and payroll, were run by DEL MAR and its employees. The DEL MAR
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employees instructed Mr. Appling on issues relating, among other things, to accounting, hiring,
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and payroll. In addition, Mr. Appling took instructions from Mr. DiMella on numerous workrelated issues. Prior to leaving for Nevada, Mr. Appling performed work for SAM at the DEL
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MAR location, while he was on the payroll of DEL MAR. The interests of the two entities were
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so intertwined that when Mr. Appling was constructively discharged from SAM, he was also
terminated from DEL MAR.
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AMENDED COMPLAINT
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herein alleged violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a)(1),
which makes unlawful discrimination against employees on the basis of race or color.
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engaged in the following non-exclusive list of acts: (1) subjected Plaintiff to offensive
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comments regarding race; (2) subjected Plaintiff to discriminatory acts towards other African-
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American members of his staff; (3) forced Plaintiff to discipline and terminate African-
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American members of his staff; (4) had trash thrown at him by Ms. Pickens; (5) constructively
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discharged Plaintiff from his assignment at SAM; and (6) terminated Plaintiff from DEL MAR.
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Other similarly situated applicants and/or employees, who were non-African-American, were
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not treated in this manner. Ms. Pickens hired numerous other individuals who were Caucasian
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to work at SAM and they were not the subject of derogatory comments and mistreatment based
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on their race.
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suffered losses in compensation, earning capacity, humiliation, mental anguish, and emotional
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distress. As a result of those actions and consequent harms, Plaintiff has suffered such damages
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AMENDED COMPLAINT
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herein alleged violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000 et. seq.,
which requires Defendant to refrain from harassing against any employee, on the basis of race,
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among other things, singling him out with the following derogatory comments: (1) I dont
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want you to cook white people food, I want you to cook black people food; (2) You just need
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to use less salt, I know its hard for you since its in your genetics to eat salty food; (3) I had
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to get rid of Sylvia, she has too much personality. We already have one of you; (4) How could
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you hire those people? They dont look like the people we have at the country club; and (5)
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They did not fit the image. The details of those comments are provided in paragraphs 10
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through 19.
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losses in compensation, earning capacity, humiliation, mental anguish, and emotional distress.
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As a result of those actions and consequent harms, Plaintiff has suffered such damages in an
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AMENDED COMPLAINT
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herein alleged violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et. seq.
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Mr. Heath and Mr. DiMella about Ms. Pickens mistreatment of him based on his race.
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the unlawful acts, by (1) ignoring Plaintiffs complaints and telling him it was a learning
experience; (2) continuously subjecting Plaintiff to illegal acts; (3) constructively discharging
him from SAM; and (4) terminating Plaintiff from DEL MAR. The complaints were almost
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constructive discharge from SAM, and Mr. Applings termination from DEL MAR. This
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temporal association underscores that the cause of the terminations was Mr. Applings
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losses in compensation, earning capacity, humiliation, mental anguish, and emotional distress.
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As a result of those actions and consequent harms, Plaintiff has suffered such damages in an
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WHEREFORE, Plaintiff pray for relief on all causes of action against Defendant and
each of them as follows:
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Enter declaratory judgment that the practices complained of in this complaint are
unlawful and violate Title VII of the Civil Rights Act of 1964;
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AMENDED COMPLAINT
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Grant all injunctive relief necessary to bring Defendant into compliance with the
aforementioned laws;
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Order Defendant to pay the wages, salary, employment benefits, and other
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Order Defendant to pay Plaintiff for his emotional pain and suffering, in the
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Order Defendant to pay interest at the legal rate on such damages as appropriate,
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Grant any further relief that the Court deems just and proper.
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By:
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Willie W. Williams
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AMENDED COMPLAINT
PROOF OF SERVICE
Armand Appling v. Saving Americas Mustangs, a Nevada corporation; Del Mar Country Club,
Inc., a Delaware corporation; and Madeleine Pickens, an individual.
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Dora V. Lane, Esq.
Ricardo N. Cordova, Esq.
Holland & Hart LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
rncordova@hollandhart.com
mfilipas@hollandhart.com
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(BY U.S. Mail) I am readily familiar with my employers business practice for collection
and processing of correspondence for mailing with the United States Postal Service. I am
aware that on motion of the party served, service is presumed invalid if postal cancellation
date or postage meter is more than one day after date of deposit for mailing in affidavit. I
deposited such envelope(s) with postage thereon fully prepaid to be placed in the United
States Mail at Rancho Cucamonga, CA.
(By Personal Service) I caused to be delivered by hand on the interested parties in this
action by transmitting the above referenced documents to a qualified courier representative
from First Legal Services in envelope addressed to the office of the addressee(s) listed above
or on attached sheet.
(By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e),
calling for agreement and written confirmation of that agreement or court order, to the
number(s) listed above or on attached sheet. Said transmission was reported complete and
without error.
(By Overnight Courier) Served the above referenced document(s) enclosed in a sealed
package, for collection and for delivery marked for next day delivery in the ordinary course
of business, addressed to the office of the addressee(s) listed above or on attached sheet.
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I declare under penalty of perjury under the laws of the Unites States that the foregoing is
true and correct, and that this declaration was executed on January 9, 2017
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PROOF OF SERVICE