Final Update
The case has been dismissed. It got to day #2 of jury trial on 4/15/2015 and that morning the lawyers requested dismissal after reaching an out-of-court agreement.
Which means no fun things read as there's probably a big fat NDA in there and everything occurs out of the public eye. Darn. My guess is CNCP lost, I'll explain at the bottom, here is the evidence & witness list that was the be presented at trial
(I bolded and made large the fun stuff). Further, there are the basic transcripts of the trial:
I usually do not copy/paste these documents and upload them instead to scribd, but I just wanted to get this update out and done with.
Also NOTE for any mods out there, the following documents are legal filings with the United States District Court (Eastern District) and are thus public records, the information below is freely available in the public domain. Please do not censor or edit below in the name of "privacy" because none of that exists at this point (at which point then I'll just post the court filing itself).
Attorneys for Defendant
CALIFORNIA NORTHSTATE COLLEGE OF PHARMACY, LLC
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF UNITED STATES DISTRICT COURT BRADLEY BRAZILL, Plaintiff, v. CALIFORNIA NORTHSTATE COLLEGE OF PHARMACY, LLC; CALIFORNIA NORTHSTATE UNIVERSITY, LLC, and DOES 1 through 10, inclusive, Defendants. Case No.: 2:12CV-01218-WBS-GGH DEFENDANT CALIFORNIA NORTHSTATE COLLEGE OF PHARMACY, LLC'S PRETRIAL DISCLOSURES [FRCP 26(a)(3)] Trial Date: April 14, 2015 Time: 9:00 a.m. Courtroom: 5 Honorable William J. Shubb Pursuant to Federal Rule of Civil Procedure 26(a)(3), Defendant CALIFORNIA NORTHSTATE COLLEGE OF PHARMACY, LLC hereby provides the following information about the evidence that it may present at trial, other than solely for impeachment. Defendant reserves its right to supplement or modify this list.
I. WITNESSES Defendant intends to present the following witnesses at the time of trial:
1. Bradley Brazill, 4205 Vistosa Drive, Davis, CA 95616, (530) 753-0235;
2. Stacey Brazill, 4205 Vistosa Drive, Davis, CA 95616, (530) 753-0235;
3. David Hawkins, 120 N. Clovis Avenue, Clovis, CA 93612, (559) 325-3600;
4. Alvin Cheung, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
5. Norman Fong, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
6. Yasmin Vera, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
7. David Carroll, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
8. Grant Lackey, 120 N. Clovis Avenue, Clovis, CA 93612, (559) 325-3600;
9. Sonya Frausto, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
10. James Palmieri, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
11. Karen Sproats, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
12. Maureen Lloy, 635 Anderson Road, Suite 10, Davis, CA 95616, (530) 758-1122;
13. Paul Nguyen, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
14. Chike Okolo, 3300 Capital Center Drive, Apt. 32, Rancho Cordova, CA 95670, (530) 635-2677;
15. Mary Farrell (expert witness), 400 Capitol Mall, Suite 1610, Sacramento, CA 95814, (916) 449-3933;
16. Sandra Harris-Byrd/PMK, Department of Veterans Affairs re job offer to Plaintiff, 10535 Hospital Way, Mather, CA 95655, (916) 366-5366.
Defendant may call the following witnesses if the need arises:
1. Kiki Forsyth, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
2. Paul Wagstaffe, 10811 International Drive, Rancho Cordova, CA 95670, (916) 631- 8108;
3. William A. Muñoz, 520 Capitol Mall, Suite 250, Sacramento, CA 95814, (916) 565-0300
4. Gregory A. Bastian, 4700 College Oak Drive, Sacramento, CA 95841, (916) 484- 8011;
5. Jennifer West, 120 N. Clovis Avenue, Clovis, CA 93612, (559) 325-3600;
6. Sara Fox, 4000 East 30th Avenue, Eugene, OR 97405, (541) 463-3100;
Defendant expects to present the following witness’ testimony by deposition:
1. Lane Brunner, 3900 University Blvd., Tyler, Texas 75799, (903) 566-7000
II. EXHIBITS Defendant expects to offer the following exhibits at trial:
1. April 8, 2009 Letter from David Hawkins to Bradley Brazill;
2. August 6, 2009 Employee Handbook & At-Will Employee Status Acknowledgement;
3. July 15, 2010 Honor Code of the California Northstate College of Pharmacy;
4. CNCP Faculty Handbook 2010-2011;
5. August 1, 2010 Personnel Action Request for Bradley Brazill;
6. March 10, 2011 Bradley Brazill E-mail entitled “What Happens when men bake Valentine cookies;
7. July 15, 2011 Notice to Employee as to Change in Relationship;
8. July 21, 2011 email from Dean David Hawkins to Faculty re appointment of Sonya Frausto as Interim Department Chair;
9. August 1, 2011 Personnel Action Request for Sonya Frausto’s appointment to Interim Department Chair;
10. Curriculum Vitae of James Palmieri, Pharm.D.;
11. November 3, 2011 Itinerary for James Palmieri Candidate Interview;
12. August 5, 2013 Report of Mary Farrell;
13. Subpoenaed records from Apothecary Botanica dba El Macero Pharmacy;
14. Plaintiff’s blog posts from Student Doctor’s Network;
15. Plaintiff’s e-mail with North Korean’s leader photo;
16. Plaintiff’s e-mail with Chike Okolo with Taliban fighter picture;
17. Plaintiff’s applications declining health care coverage (personnel file);
18. Plaintiff’s personnel file;
19. Yasmin Vera’s memorandum regarding Brazill investigation;
20. Diagram identifying Defendant’s staff and faculty in 2011 and their respective birthdates;
21. Plaintiff’s First Amended Complaint;
22. Subpoenaed records from Department of Veterans Affairs;
23. Emails from
[email protected] to Alvin Cheung and Norman Fong
Day #1
Jury Trial (Day 1): 9:05 a.m. Trial commences. Jury present. Court addresses jurors, jury voir dire oath given. Court begins voir dire. 10:18 a.m. Plaintiff and defendant's counsel question jurors. 10:30 a.m. Court excuses remaining jurors in the audience section and orders jurors in box to return after morning recess. Court confers with counsel regarding challenges for cause and preemptories. 10:35 a.m. Court takes morning recess. 10:45 a.m. Trial resumes outside presence of jury. Court confers with counsel regarding preemptory challenges and motions in limine. 10:56 a.m. Jury returns. Court announces selected jurors to be seated for trial. 11:00 a.m. Jury panel sworn. Court presents pretrial instructions to jury panel. 11:30 a.m. Court takes lunch recess. 12:30 p.m. Trial resumes outside presence of the jury. Court confers with counsel re motions in limine and states findings as noted on the record. Court DENIES Defendant's motion in limine #2 (docket #74) to exclude the "Separation Agreement and General Release." The ruling on remaining motions in limine shall be held in abeyance pending the introduction of evidence at time of trial Case 2:12-cv-01218-WBS-EFB Document 129 Filed 04/14/15 Page 1 of 2 2 (dockets #61 through #73). 12:50 .m. Court recessed. 1:00 p.m. Trial resumes. Jury returns. Plaintiff presents opening statements. 1:17 p.m. Defendant presents opening statements. 1:39 p.m.
Witness Bradley Jay Brazill called and sworn to testify by Plaintiff. [Exhibits Identified and/or Admitted: 1.] 2:30 p.m. Court recessed. 2:55 p.m. Trial resumes. Jury returns. Witness resumes on direct by Plaintiff. [Exhibits Identified and/or Admitted: 7.] 3:52 p.m. Witness on cross-examination by Defendant. [Exhibits Identified and/or Admitted: 1, B, C, D, U, E, H.] 4:30 p.m. Jury excused and ordered to return on 4/15/2015 at 9:00 a.m. Court confers with counsel re witnesses to be called. 4:45 p.m. Court Adjourned. Jury Trial continued to April 15, 2015 at 8:30 A.M.
Day #2
Jury Trial (Day 2): 8:30 a.m. Trial resumes outside presence of the jury.
Counsel inform the Court that the matter has been resolved and request time to confer. 8:35 a.m. Court recessed. 8:45 a.m. Trial resumes outside presence of the jury. Court confers with counsel re the terms of the settlement agreement, as stated on the record. Court shall retain jurisdiction until final the final stipulation of dismissal and payment of settlement have been completed. The parties shall execute the settlement agreement by 4/17/2015. Counsel inform the Court that plaintiff and defendant are in agreement with the terms. 8:50 a.m. Court recessed. 9:00 a.m. Trial resumes. Jury returns. Court informs jury that the matter has been resolved. Jury is excused from this action. 9:10 a.m. Court Adjourned.
