This case was last updated from U.S. District Courts on 04/12/2022 at 09:42:35 (UTC).

Ardrey v. City of Florence, The et al

Case Summary

On February 4, 2022, Shalone Ardrey (“Ms. Ardrey” or “Plaintiff”), represented by by Andrew E. Swan, Hannah E. Herbst and others of Lewis Kuhn Swan PC, filed a civil right employment discrimination lawsuit against the City of Florence and Michael Patterson (“Defendants”), seeking damages and costs along with expenses and fees, among other reliefs, for the Defendants’ alleged harassment and discrimination against Plaintiff. This case was filed in U.S. District Court in the District of Colorado with Judge William J. Martinez and Judge Nina Y. Wang presiding.

 

In the complaint, the Plaintiff alleged that, “On or about May 12, 2021, Ms. Ardrey began working for the City. Ms. Ardrey’s most recent job title was City Planning Technician [...] from the beginning of Ms. Ardrey’s employment up to and until she was constructively discharged on August 25, 2021, Ms. Ardrey reported to Sean Garrett (“Mr. Garrett”) who in turn reported to Mr. Patterson.”

 

The Plaintiff further alleged that, “During his employment by the City of Redmond, Oregon, Mr. Patterson was charged with one count of felony fourth-degree assault and one count of misdemeanor fourth degree assault against a woman with whom he was in a romantic relationship.”

 

The Plaintiff also alleged that, “Even after the City was made aware of Mr. Patterson’s practice of abusing women, the City did not implement any supervisory protocol over him in an attempt to prevent his predatory behavior. The City allowed Mr. Patterson’s abusive behavior to continue [...] the City did not take reasonable care to prevent and correct promptly any of Mr. Patterson’s behavior.”

 

The Plaintiff thereon alleged that, “During his employment, Mr. Patterson had a pattern and practice of sexually abusing and harassing female employees. Ms. Ardrey is just one of many victims of Mr. Patterson’s harassment and the City’s knowing failure to respond [...] During Ms. Ardrey’s employment with the City, Mr. Patterson sexually harassed her via countless text messages and verbal comments.”

 

The Plaintiff then alleged that, “Mr. Garrett, Ms. Ardrey’s supervisor, and the former planning director and current interim city manager, knew of the abuse Ms. Ardrey and other female employees were experiencing. Other than occasionally attempting to make sure Ms. Ardrey was not left alone with Mr. Patterson, Mr. Garrett did not take significant steps to protect Ms. Ardrey or any of Mr. Patterson’s other victims.”

 

The Plaintiff further alleged that, “Ms. Ardrey was competent and qualified for her position of City Planning Technician [...] Ms. Ardrey suffered adverse employment action in the form, among other things, of constructive discharge.”

 

There are eight claims for relief laid down by the Plaintiff. The first and second claims alleged are for discrimination and sexual harassment under Title VII of the Civil Rights Act. The third claim alleged is for violation of the Colorado Anti-Discrimination Act. The fourth claim alleged is for wrongful termination in violation of public policy. The fifth claim alleged is for intentional infliction of emotional distress. The sixth claim alleged is for negligent hiring. The seventh claim alleged is for negligent supervision. The eighth claim alleged is for negligent retention. 

 

In their prayer for relief, the Plaintiff has requested the Court for damages, including nominal, pecuniary, actual, and compensatory damages; costs and expenses, along with attorneys’ and experts’ fees; and for punitive damages.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00318

  • Filing Date:

    02/04/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Employment Discrimination

Judge Details

Presiding Judge

William J. Martinez

Referral Judge

Nina Y. Wang

 

Party Details

Plaintiff

Shalone Ardrey

Defendants

City of Florence, The

Michael Patterson

Attorney/Law Firm Details

Plaintiff Attorneys

Andrew Edward Swan

Attorney at Lewis Kuhn Swan PC

620 North Tejon Street, Suite 101

Colorado Springs, CO 80903

Michael Dickson Kuhn

Attorney at Lewis Kuhn Swan PC

620 North Tejon Street, Suite 101

Colorado Springs, CO 80903

Hannah Elizabeth Herbst

Attorney at Leventhal Lewis Kuhn Taylor Swan PC

620 North Tejon Street, Suite 101

Colorado Springs, CO 80903

Defendant Attorneys

Sara Ludke Cook

Attorney at Vaughan & DeMuro-Colorado Springs

111 South Tejon Street, Suite 545

Colorado Springs, CO 80903

Alice Conway Powers

Attorney at Lewis Brisbois Bisgaard & Smith LLP-Denver

1700 Lincoln Street, Wells Fargo Center

Denver, CO 80203

 

Court Documents

#28

(#28) NOTICE of Entry of Appearance for Plaintiff by Paul Forrest Lewis on behalf of Shalone ArdreyAttorney Paul Forrest Lewis added to party Shalone Ardrey(pty:pla) (Lewis, Paul) (Entered: 04/11/2022)

#27

(#27) Proposed Scheduling Order by Plaintiff Shalone Ardrey. (Swan, Andrew) (Entered: 04/05/2022)

#24

(#24) MOTION to Withdraw as Attorney for Plaintiff by Plaintiff Shalone Ardrey. (Herbst, Hannah) (Entered: 03/29/2022)

#23

(#23) DEFENDANT MICHAEL PATTERSON'S ANSWER to #1 Complaint, by Michael Patterson.(Powers, Alice) (Entered: 03/21/2022)

#10

(#10) ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 02/09/2022. Proposed Scheduling Order due 4/18/2022. Scheduling Conference set for 4/25/2022 11:00 AM before Magistrate Judge Nina Y. Wang, via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. (alave, ) (Entered: 02/09/2022)

9 #1

Affidavit

9 #9

Main Document

#6

(#6) DISREGARD - Duplicate Entry. See ECF No. #5 . NOTICE OF CASE ASSOCIATION by Andrew Edward Swan on behalf of Shalone Ardrey (Swan, Andrew) Modified on 2/8/2022 to note duplicate entry(trvo, ). (Entered: 02/07/2022)

#5

(#6) DISREGARD - Duplicate Entry. See ECF No. #5 . NOTICE OF CASE ASSOCIATION by Andrew Edward Swan on behalf of Shalone Ardrey (Swan, Andrew) Modified on 2/8/2022 to note duplicate entry(trvo, ). (Entered: 02/07/2022)

3 #2

Magistrate Judge Consent Form

3 #1

Summons

3 #3

Main Document

1 #4

Exhibit 1 to Complaint & Jury Demand

1 #3

Summons upon City of Florence

1 #2

Summons Upon Patterson

1 #1

Civil Cover Sheet

1 #1

Main Document

#4

(#4) MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-00318-WJM. (athom, ) (Entered: 02/04/2022)

15 More Documents Available
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Docket Entries

  • 04/11/2022
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  • Docket(#28) NOTICE of Entry of Appearance for Plaintiff by Paul Forrest Lewis on behalf of Shalone ArdreyAttorney Paul Forrest Lewis added to party Shalone Ardrey(pty:pla) (Lewis, Paul) (Entered: 04/11/2022)

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  • 04/05/2022
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  • Docket(#27) Proposed Scheduling Order by Plaintiff Shalone Ardrey. (Swan, Andrew) (Entered: 04/05/2022)

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  • 03/30/2022
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  • Docket(#26) MINUTE ORDER: The Motion for Leave to Withdraw Appearance of Hannah E. Herbst #24 is GRANTED. Attorney Hannah Elizabeth Herbst is hereby terminated as counsel of record for Plaintiff Shalone Ardrey. By Magistrate Judge Nina Y. Wang on 3/30/2022. Text Only Entry (nywlc3, ) (Entered: 03/30/2022)

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  • 03/29/2022
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  • Docket(#25) MEMORANDUM regarding #24 MOTION to Withdraw as Attorney for Plaintiff filed by Shalone Ardrey. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/29/2022. Text Only Entry (wjmsec, ) (Entered: 03/29/2022)

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  • 03/29/2022
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  • Docket(#24) MOTION to Withdraw as Attorney for Plaintiff by Plaintiff Shalone Ardrey. (Herbst, Hannah) (Entered: 03/29/2022)

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  • 03/21/2022
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  • Docket(#23) DEFENDANT MICHAEL PATTERSON'S ANSWER to #1 Complaint, by Michael Patterson.(Powers, Alice) (Entered: 03/21/2022)

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  • 03/21/2022
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  • Docket(#22) ANSWER to #1 Complaint, by City of Florence, The.(Cook, Sara) (Entered: 03/21/2022)

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  • 03/15/2022
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  • Docket(#21) MINUTE ORDER: Defendant the City of Florence's ("Defendant") Unopposed Second Motion for Extension of Time to File Responsive Pleading to Complaint #19 is hereby GRANTED. Defendant's response to the Complaint is due 3/21/2022. By Magistrate Judge Nina Y. Wang on 3/15/2022. Text Only Entry (nywlc3, ) (Entered: 03/15/2022)

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  • 03/14/2022
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  • Docket(#20) MEMORANDUM regarding #19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond (Second) filed by City of Florence, The. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/14/2022. Text Only Entry (wjmsec, ) (Entered: 03/14/2022)

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  • 03/14/2022
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  • Docket(#19) Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond (Second) by Defendant City of Florence, The. (Cook, Sara) (Entered: 03/14/2022)

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8 More Docket Entries
  • 02/09/2022
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  • Docket(#10) ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 02/09/2022. Proposed Scheduling Order due 4/18/2022. Scheduling Conference set for 4/25/2022 11:00 AM before Magistrate Judge Nina Y. Wang, via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. (alave, ) (Entered: 02/09/2022)

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  • 02/08/2022
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  • Docket(#9) SUMMONS Returned Executed by Shalone Ardrey. City of Florence, The served on 2/7/2022, answer due 2/28/2022; Michael Patterson served on 2/7/2022, answer due 2/28/2022. (Attachments: #1 Affidavit)(Swan, Andrew) (Entered: 02/08/2022)

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  • 02/07/2022
  • Docket(#8) ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 2/ 7/2022. Text Only Entry (wjmsec, ) (Entered: 02/07/2022)

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  • 02/07/2022
  • Docket(#7) ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 2/7/2022. Text Only Entry (wjmsec, ) (Entered: 02/07/2022)

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  • 02/07/2022
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  • Docket(#6) DISREGARD - Duplicate Entry. See ECF No. #5 . NOTICE OF CASE ASSOCIATION by Andrew Edward Swan on behalf of Shalone Ardrey (Swan, Andrew) Modified on 2/8/2022 to note duplicate entry(trvo, ). (Entered: 02/07/2022)

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  • 02/07/2022
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  • Docket(#5) NOTICE OF CASE ASSOCIATION by Andrew Edward Swan on behalf of Shalone Ardrey (Swan, Andrew) (Entered: 02/07/2022)

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  • 02/04/2022
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  • Docket(#4) MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-00318-WJM. (athom, ) (Entered: 02/04/2022)

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  • 02/04/2022
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  • Docket(#3) SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jtorr, ) (Entered: 02/04/2022)

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  • 02/04/2022
  • Docket(#2) Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, ) (Entered: 02/04/2022)

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  • 02/04/2022
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  • Docket(#1) COMPLAINT and Jury Demand against City of Florence, Colorado, Michael Patterson (Filing fee $ 402,Receipt Number ACODC-8301315)Attorney Andrew Edward Swan added to party Shalone Ardrey(pty:pet), filed by Shalone Ardrey. (Attachments: #1 Civil Cover Sheet, #2 Summons Upon Patterson, #3 Summons upon City of Florence, #4 Exhibit 1 to Complaint & Jury Demand)(Swan, Andrew) (Entered: 02/04/2022)

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