Snell v. State of Washington

1 THE HONORABLE JOHN H. CHUN [6] 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA 9 KIM SNELL, NO. C20-6028-JHC 10 Plaintiff, STIPULATED AMENDED JUDGMENT 11 v. 12 THE STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND 13 HEALTH SERVICES, JUDITH A. FITZGERALD and UNA I. WILEY, [14] Defendants. [15] 16 JUDGMENT SUMMARY 17 Judgment Creditor: Kim Snell 18 Judgment Creditor’s Attorney: Richard H. Wooster Kram & Wooster, P.S. 19 1901 So. I St. Tacoma, WA 98405 20 (253) 572-4161 21 Judgment Debtor: State of Washington 22 Judgment Amount: $2,492,589.00 23 Pre-Judgment Interest: $0.00 24 Post-Judgment Interest: $0.00 25 Attorneys’ Fees: $635,231.00 26 Costs: $7,635.64 1 THIS MATTER was tried to a jury from May 31-June 8, 2023. On June 9, 2023, the jury 2 returned a verdict in favor of Plaintiff Kim Snell and against Defendants Washington Department 3 of Social and Health Services, Judith Fitzgerald, and Una Wiley on her claims of whistleblower 4 retaliation in violation of the State Employee Whistleblower Protection Act, R.C.W. ch. 42.40, 5 and the Washington Law Against Discrimination, R.C.W. ch. 49.60. The jury’s verdict was 6 reduced to Judgment in the amount of $2,404,000.00 and entered by the Court on June 9, 2023. 7 At trial, Plaintiff Kim Snell was represented by Richard H. Wooster and Devin Epp of 8 Kram & Wooster, P.S. The defendants were represented by Assistant Attorneys General 9 Michelle H. Hansen and Scott M. Barbara. Pursuant to R.C.W. 42.40.050, which incorporates 10 the remedies provided under R.C.W. ch. 49.60, and R.C.W. 49.60.030, Plaintiff Kim Snell, as 11 the prevailing party, is entitled to seek recovery of her attorneys’ fees and costs. Plaintiff Kim 12 Snell is also entitled to seek an award of additional damages to offset the adverse tax 13 consequences of receiving lost wages and benefits as a lump sum rather than over time pursuant 14 to Blaney v. Int’l Ass’n of Machinists & Aerospace Workers, Dist. 160, 151 Wn.2d 203 , 87 P.3d 15 757 (Wash. 2004). 16 Accordingly, the parties, by and through counsel, hereby stipulate and agree, and the 17 Court finds to be reasonable, the following attorneys’ fees, costs, and Blaney damages, and enters 18 this Stipulated Amended Judgment resulting from the jury’s verdict: 19 Judgment: $2,492,589.00 20 Verdict Damages: $2,404,000.00 21 Blaney Damages: $88,589.00 22 Attorneys’ Fees: $635,231.00 23 Richard Wooster: $600/hr x 780.5 hrs = $468,300.00 24 Devin Epp: $300/hr x 554.22 hrs = $166,266.00 25 Allen McKenzie: $350/hr x 1.9 hrs = $665.00 [26] 1 || Costs: $7,635.64 2 Recoverable Costs through Trial: $3,610.64 3 Expert Calculations of Blaney Damages: $4,025.00 4 || Total Judgment, Fees, and Costs: $3,135,455.64 5 The parties, by and through counsel, further stipulate that, pursuant to R.C.W. 4.92.075, 6 || the Judgment Creditor, Plaintiff Kim Snell, shall seek satisfaction of this Stipulated Amended 7 || Judgment only from the state of Washington and that this Stipulated Amended Judgment shall 8 || not become a lien upon any property of Defendants Judith A. Fitzgerald or Una I. Wiley. 9 IT IS SO ORDERED this 21st day of June, 2023. ° oka . Chun 1] JOHN H. CHUN US. District Judge [13] 14 || Stipulated to and Jointly Presented By: 15 KRAM & WOOSTER, P:S. ROBERT W. FERGUSON 16 Attorney General 17 s/ Richard H. Wooster s/ Scott M. Barbara Richard H. Wooster, WSBA #13752 Michelle H. Hansen, WSBA # 14051 18 Devin Kathleen Epp, WSBA #60037 Scott M. Barbara, WSBA #20885 1901 South “T’ Street Assistant Attorneys General 19 | Tacoma, WA 98405-3810 800 Fifth Avenue, Suite 2000 0 Tel.: (253) 572-4161 Seattle, WA 98104 Email: rich@kjwmlaw.com Tel.: (206) 389-2033 2] Email: devin@kywmlaw.com Email: michelle.hansen@atg.wa.gov Attorneys for Plaintiff Email: scott.barbara@atg.wa.gov 22 Attorneys for State Defendants