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Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 1 of 11

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Arthur L. Williams, Bar No. 2125


3190 Westwind Rd.
Las Vegas, NV 89146
(702) 873-6236
artkente@embarqmail.com
Willie W. Williams, Bar No. 233902 (CA Bar No.)
The Law Offices of Willie W. Williams
9327 Fairway View Place, Suite 104
Rancho Cucamonga, CA 91730
(909) 581-8341 (phone)
(909) 586-9380 (facsimile)
www@williewilliamslaw.com
(Admitted Pro Hac Vice)
Attorneys for PLAINTIFF

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UNITED STATES DISTRICT COURT


DISTRICT OF NEVADA RENO DIVISION

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ARMAND APPLING, an individual,

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PLAINTIFF,
vs.

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SAVING AMERICAS MUSTANGS, a


Nevada corporation, DEL MAR
COUNTRY CLUB, INC., a Delaware
corporation, MADELEINE PICKENS, an
individual,
DEFENDANTS.

) Case No.: 3:16-cv-00105-MMD-WGC


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) AMENDED COMPLAINT
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) DEMAND FOR JURY TRIAL
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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

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 2 of 11

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JURISDICTION, VENUE AND LEGAL BASIS FOR THIS ACTION


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This Court possesses jurisdiction to entertain this matter pursuant to 28

U.S.C. 1331 because Plaintiffs claims arise under Title VII of the Civil Rights Act of 1964,

42 U.S.C. 2000e et. seq.

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2.

Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 since

a substantial part of the events or omissions giving rise to the claim[s] occurred in Nevada.
THE PARTIES

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3.

Plaintiff Armand Appling (Plaintiff or Mr. Appling), who is an

African-American man, was employed as a chef in Elko County, Nevada.


4.

Defendant Saving Americas Mustangs (SAM) is a Nevada

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corporation. SAM is an organization that operates Mustang Monument, a wild horse resort.

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SAM operates its business in Elko County, Nevada.

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5.

Del Mar Country Club, Inc. (DEL MAR) is a Delaware corporation.

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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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DEL MAR is no longer a party to this action.

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6.

Defendant SAM and DEL MAR employed Plaintiff, shared Plaintiffs

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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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Regulations. 29 C.F.R. 791.2.


EXHAUSTION OF ADMINISTRATIVE REMEDIES

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7.

Plaintiff has exhausted his administrative remedies.

He filed timely

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administrative charges of discrimination against Defendant with U.S. Equal Employment

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Opportunity Commission (EEOC).

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8.

The EEOC issued a Notice of Right-To-Sue on November 30, 2015. A

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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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incorporated herein by reference.


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AMENDED COMPLAINT

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 3 of 11

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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for Ms. Pickens.

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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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certain foods such as fried chicken and BBQ ribs.


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12.

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

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 4 of 11

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

predisposition of African-Americans to a particular behavior. Suggesting that persons of a

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

return upon completion of his assignment.

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Mr. Appling soon witnessed Ms. Pickens engage in discriminatory acts

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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Pickens referred to Mr. Bodle, an African-American, as her ox or bull, which implies


ownership of property. This reference is particularly offensive to African-Americans because of

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Americas history of slavery where they were considered personal property of their owners.

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Second, it is offensive because, throughout American history, African-Americans have been

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referred to as various types of animals, including an ox or bull, in a derogatory manner.

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15.

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

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 5 of 11

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

wanted at SAM. Ms. Pickens was referring to their racial background.


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17.

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

Ms. Pickens reference to an African-American colleague as one of you. This is offensive

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because Mr. Appling understood Ms. Pickens to mean that one of you referred to Mr.

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Applings and Sylvias race. Throughout American history, when a non-African-American

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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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Americans. This is offensive speech.

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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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Appling and would be offensive to other African-Americans.


19.

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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behavior is outside the bounds of a normal employee-employer relationship. Throwing trash at

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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

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 6 of 11

20.

On several occasions, Mr. Appling complained to Mr. Heath about the

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

address the racially motivated behavior.


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21.

During his tenure at SAM, Mr. Appling also complained, on numerous

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

remained in frequent contact with Mr. Appling, as he continued to provide work-related

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direction to Mr. Appling.


22.

Defendants continuous wrongful acts and intolerable work environment

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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MAR because of what occurred at SAM.


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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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significant overlap in operations and personnel.

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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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The administrative operations for SAM,

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

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 7 of 11

FIRST CAUSE OF ACTION

(Unlawful Discrimination and Discharge on the Basis of Race

in Violation of Title VII)


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Plaintiff re-alleges, and incorporates by reference as if fully set forth

herein, paragraphs 1 through 23 above.


25.

Defendants conduct, by and through management and employees, as

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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Defendant discriminated against Plaintiff in violation of Title VII when it

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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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As a proximate result of Defendants discriminatory acts, Plaintiff has

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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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in an amount to be proven at trial.

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28.

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Defendants unlawful actions were intentional, willful, malicious and/or

done with reckless regard for Plaintiffs rights.


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Plaintiff requests relief as described in the Prayer for Relief.

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AMENDED COMPLAINT

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 8 of 11

SECOND CAUSE OF ACTION

(Harassment in Violation of Title VII)


30.

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Plaintiff re-alleges, and incorporates by reference as if fully set forth

herein, paragraphs 1 through 23 above.


31.

Defendants conduct, by and through management and employees, as

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,

among other things.


32.

Defendant subjected Plaintiff to a continuous pattern of harassment by,

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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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33.

As a proximate result of Defendants harassment, Plaintiff has suffered

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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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amount to be proven at trial.

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Defendants unlawful actions were intentional, willful, malicious and/or

done with reckless regard for Plaintiffs rights.


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Plaintiff requests relief as described in the Prayer for Relief.

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THIRD CAUSE OF ACTION

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(Retaliation in Violation of Title VII)

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Plaintiff re-alleges, and incorporates by reference as if fully set forth

herein, paragraphs 1 through 23 above.

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AMENDED COMPLAINT

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 9 of 11

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herein alleged violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et. seq.
38.

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Defendants conduct, by and through management and employees, as

As explained above, Mr. Appling, on several occasions, complained to

Mr. Heath and Mr. DiMella about Ms. Pickens mistreatment of him based on his race.
39.

Defendant retaliated against Mr. Appling because he complained about

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

immediately followed by an escalation in mistreatment by Ms. Pickens, Mr. Applings

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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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complaints about disparate treatment.


40.

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As a proximate result of Defendants retaliation, Plaintiff has suffered

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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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amount to be proven at trial.


41.

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Defendants unlawful actions were intentional, willful, malicious and/or

done with reckless regard for Plaintiffs rights.


42.

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Plaintiff requests relief as described in the Prayer for Relief

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JURY TRIAL DEMAND

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Plaintiff hereby demands a jury trial on all issues so triable.


RELIEF REQUESTED

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WHEREFORE, Plaintiff pray for relief on all causes of action against Defendant and
each of them as follows:
1.

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

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 10 of 11

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2.

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

compensation denied or lost to Plaintiff to date by reason of Defendants unlawful actions, in

the amount to be proven at trial;

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Order Defendant to pay compensatory damages;

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Order Defendant to pay Plaintiff for his emotional pain and suffering, in the

amount to be proven at trial;

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Order Defendant to pay exemplary and punitive damages;

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7.

Order Defendant to pay attorneys fees and costs of the action;

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8.

Order Defendant to pay interest at the legal rate on such damages as appropriate,

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including pre- and post-judgment interest; and


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Grant any further relief that the Court deems just and proper.

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Dated: January 9, 2017

By:

__/s/ Willie W. Williams_____

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Willie W. Williams

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Attorney for Plaintiff

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AMENDED COMPLAINT

Case 3:16-cv-00105-MMD-WGC Document 38 Filed 01/09/17 Page 11 of 11

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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STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO


I am employed in the County of San Bernardino, State of California. I am over the age of
18 years and am not a party to the within action; my business address is The Law Offices of Willie
W. Williams, 9327 Fairway View Place, Ste. 104, Rancho Cucamonga, CA 91730.
On January 9, 2017, I served the following document(s) described AMENDED COMPLAINT
on interested parties in this action by placing a true copy thereof enclosed in sealed envelopes as
follows:

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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 ELECTRONIC MAIL (PDF)) I caused such documents(s) to be sent by electronic


mail as a PDF attachment to the email address listed above.

(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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_/s/ Surina Ramirez


SURINA RAMIREZ

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PROOF OF SERVICE

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