Docket #4599 Date Filed: 2/17/2010

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THOMAS HOEGH, ESQ. STATE BAR NO. 119866 LAW OFFICES OFTHOMAS HOEGH 21900 Burbank Boulevard, Third Floor Woodland Hills. California 91367 Telenhone: (818) 992-2920 Facsimile: (818)992-2910
Attornevs for Plaintiffl TYRONtrE GLOVER

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

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ln re:

Chapter l1
Case No.

MERVYN'S HOLDINGS, LLC, et al.,

Debtors.

08-l 1586 (KG)

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CLAIMANT'S TYRONE GLOVER'S OBJECTION TO DEBTORS' SEVENTEENTH OMNIBUS OBJECTION AND DECLARATION OF TYRONE GLOVER ATTACHED MRETO
Hearins Date: Februarv 23^2010 "at 10:00 a.m. (EST)

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TO ALL PARTIES T{EREIN AND TO THE ABOVE-ENTITLED COURT:

COMES NOW Claimant Tyrone Glover and hereby responds to to the

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Debtors' Seventeenth Omnibus Objection to Claimant's claim as follows:

1.

The name of the creditor/claimant is Tyrone Glover.

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2. Creditor/claimant, Tyrone Glover, is seeking damages for race and

sexual orientation discrimination in violation of California Govt. Code $ 12940, harassment in violation of California Govt. Code $ 12940(i), failure to investigate
and take appropriate remedial action in violation of California Govt. Code
$

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0q/v*"1 !F 0811586100217000000000001

| 12940(i)(k), and retaliation in violation of California Govt. Code $ 12940(h), and 2 violation of the California Labor Code $ 1194, Failure to pay overtime, against 3 debtor, Mervyn's, LLC arising out of creditor/claimant's employment with debtor 4 Mervyn's,LLC Department Store located at 6605 Fallbrook Avenue, Woodland s Hills, California 91367. 3. Please send any reply/response to creditor/claimant Tyrone Glover's 6 attorney as follows: 7 Thomas Hoegh, Esq. 8 Law Offices of Thomas Hoegh 9 21900 Burbank Boulevard, Third Floor 10 Woodland Hills, CA 91367 11 4. The name, address and telephone number of creditorlclaimant t2 Tyrone Glover's attorney who, possesses the ultimate authority to 13 reconcileo seffle, or otherwise resolve the claim on behalf of the 14 creditor/claimant is: 15 Thomas Hoegh, Esq. 16 Law Offices of Thomas Hoegh 17 21900 Burbank Boulevard, Third Floor l8 Woodland Hills, CA9l367 19 (818) 992-2920 20 5. The subject claim arises out of a complaint filed on behalf of 2t
22 creditor/claimant Tyrone Glover on or about October 7,2008 with the California 23 Department of Fair Employment & Housing (DFEH). Please see Exhibit 24 attached hereto. Creditor/claimant Tyrone Glover received a Right to Sue letter 25 from DFEH permitting him to pursue a civil claim for monetary damages against 26 debtor, Mervyn's,LLC on October 24,2008. Please see Exhibit2 attached hereto.
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6.

The subject claim did not arise until after the filing of the debtor's

bankruptcy petition on July 29,2008 and accordingly, the subject claim is being

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timely filed.

7.

The subject claim was filed on February 17,2009, at which time the

claimant set forth in specificity the basis of his claim, the legal ground in support

of his claim, and the amount claimed. Please see Exhibit3, attached hereto.
Counsel for Claimant has carefully reviewed his file, and there is no reference to the court having issued a notice that claimant failed to file a substantive claim; the

first notice of the Debtor's objection is the Debtors' Seventh Omnibus Objection.

8.

In support of his claim for discrimination, harassment, failure to take

remedial action and retaliation, claimant became employed by Mervyn's in March,

2006. In July, 2007, claimant/creditor Tyrone Glover, began working at the

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Mervyn's Canoga Park store as an assistant manager reporting to the general

manager, Anis Cherif, and the district manager, Colleen Lanese.

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ClaimanVcreditor, Tyrone Glover, is African-American, and also gay.

Claimant/creditor, Tyrone Glover, was an exceptional, dedicated,

professional emPloYee.
General manager Anis Cherif, and district manager, Colleen Lanese,

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began a pattern and practice of discrimination against claimanVcreditor, Tyrone

Glover.

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12.

Anis Cherif, who was aware of Mr. Glover's sexual orientation began

making inappropriate comments to Mr. Glover regarding his sexual orientation. During discussions at work, Mr. Cherif would refer to Mr. Glover as his "date" in

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22 front of Mr. Glover'a subordinate employees to harass and embalrass Mr. Glover 23 and undermine Mr. Glover's effectiveness as a store supervisor. If an 24 acquaintance of Mr. Glover came by the store, Mr. Cherif would ask whether or 25 not his friend was his "partner." These comments made Mr. Glover feel extremely 26 uncomfortable.

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13.

The Mervyn's store in Canoga Park had several assistant managers.

Mr. Glover was the only minority, African-American assistant manager He was

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also the only openly gay assistant manager. Mr. Cherif would treat the non-

African-American managers very well; he would also treat the non gay assistant
managers very

well. Regarding Mr. Glover, Mr. Cherif

began a pattern and

practice of constantly making unfounded negative comments, giving negative performance evaluations, and belittling and berating Mr. Glover as a result of his
race, African-American, and his sexual orientation, EaY.

14.

In April, 2008, general manager, Anis Cherif, and district manager,

Colleen Lanese, issued a negative, unsatisfactory performance evaluation Tyrone Glover. Please see Exhibit 4.

of

15.

The negative performance review was patently false and misleading.

The negative performance evaluation was done for the sole purpose

of

13 14 falsely represented that Mr. Glover failed to communicate effectively with his 15 team; the true circumstances were that Mr. Glover was an excellent communicator

discriminating against, harassing and retaliating against Mr. Glover as a result of Mr. Glover's race and sexual orientation. The negative performance evaluation

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with his team. The negative performance evaluation represented that Mr. Glover did not provide strong leadership with the members of his sales team; however,
negative performance evaluation represented that Mr. Glover was a poor manager; however, Mr. Glover always met or exceeded production goals. The negative performance evaluation was done for the sole purpose of damaging Mr. Glover's reputation in the retail sales profession, and was done maliciously with intent to

18 Mr. Glover was an outstanding manager and strong leader of his team. The

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23 harm Mr. Glover due to his race, African American, and his sexual orientation, 24 gay.

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Additionally, claimant/creditor Tyrone Glover, in his assignment as assistant manager, was required to work approximately seventy (70) to eighty (80) hours per week. However, Mr. Glover was not an exempt from overtime

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Claimant Tyrone Glover's Objection to Debtor's Seventeenth Omnibus Objection

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employee. Mr. Glover was required to perform routine sales and marketing work
more than
50o/o

of his time, and as such, was not an exempt employee under the

Industrial Wage Order 7 for the State of California as interpreted by the California
Supreme Court in Sav-On Drugs, Inc., v. Superior Court,34 Ca.4'h 319 (2004)
and Murphy v. Cole,4O Cal. 4Ih 1094 (2007) and was denied overtime to which he

would otherwise be entitled.

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Claimant was employed by Debtor Mervyns from March of 2006

until August of 2008, for approximately 30 months , during that time frame he worked approximately 75 hours per week, for 78 weeks, or 2,730 hours. He
regular hourly wages were approxoimatley 520.00 per hour, and his overtime rate

l1 of pay was $30.00 per hour. His loss of overtime was 581,900. 18. In the State of California, employees are entitled to recover attorney 12
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fees for recovery of unpaid wages pursuant to Labor Code $ 1194. Claimant is

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seeding attorney fees of $16,000, for the 40 hours of work performed on this

matter at $400.00 per hour.

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19. 20.

Claimant was off work due to the stress of the harassment from April Claimant is claiming loss of earnings in the amount of $86,700.00

25,2008 until June 8, 2008, for an additional wage loss of $4,800.

and damages for emotional distress of $300,000.00 for a total claim

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of

$402,7000.00 February

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3,2010

Respectfully Submitted,

LAW OFFI

oF THO,MAS HOEGH

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Claimant Tyrone Glover's Objection to Debtor's Seventeenth Omnibus Objection

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DECLARATION OF TYRONE GLOVER

I, TYRONE GLOVER, hereby declare:

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1.

That I am a claimant in the bankruptcy of in re: MERVYN'S

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HOLDINGS, LLC, et al, Debtors, Case No. 08-11586 (KG) and that I have
personal knowledge of the matters set forth herein.

2.

I have read the attached response and objection to Debtors' Seventh

Omnibus Objection, and the matters set forth therein are true and correct to the
best of my knowledge.

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I declare under penalty of perjury that the foregoing is true and correct,
executed this f 0

*t

day of February 2010 in Woodla4d Hills

91367

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TYRONE GLOVER

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*:k.EMPIOYMENI
FAIR EMPLOYMENT AND HOUSING ACT
YOUR NAIIE (indicate Mr. or Ms.)

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*,1

iSgFHtUIS[,33FT',igHtPr[Hil,?e
-

DFEH

? c^quilr{ zufr( c-

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

i;_;;;.;i;;;;
ADDRESS

TELEPHoNENUMBER(TNCLUDEAREACoD

2041 Pbtaham
CTTY/STATEZIP

CA 93065 NAMED|STHEEMPLoYER,PERSoN,uBoRoRGAN|zAT|oN,E

Simi Va.l-Iey,

COUNTY

Ventura

COUNTYCODE

COMMITTEE, OR STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME:

TELEPHONE NUMBER (lndutte Area Codr

6605 Fallbrook Ave.

CIY/STATEIZIP

Los Anqeles
COUNTY

I
I I

er Lr I vgE vrtL f DFEHUSEONLY

COUNTYCOOE

over
On

1000

TOOKPTACE(month,day,andyeao

THE PARTICUI.ARS ARE:

April , 24

2OOg
denbd famlt or medical leaye

ADril 24. 20oB

lwas

_
_ _ X _ _

nreo taid

ofi

dgmded
harassed genelic cfiaracteristics testing

_ _ _ _ -x

denied employment

denht prornotion
deniedfansfer &nied accommodaton
impermissibre norFioF elated

forcedbquit

otr|er(s@fy|

neqative eval . , retaliation

ilquiry

_ _ _ _

denied p.egnancy leave

&niedequatpay donird right b wear panb

r!,enled pregnancy

sccoflimodatbr

by

beCaUSg Of

my: _
_ x

se)(
aoe reliSbn race/color

natiooat origin/ancesby

ptryrsical disatiftty

_ X sen alorientation _ association

mafnal stat s

mental disability

_ _

can@r

(Cirdeone) filing:

geneticctEracferislb

protestiru; partidpaling in investigation (retalialbn fod

o0er (specffi)

the reason given by

Narae of Person and Job Tide

not doing my job to Mervyns' standards i"n"tyorU"ii"u" mv sexual orientation and my race. African-tunerican
Wasbecauseof
lplease state
tn ha reason(s)l to be raacanlcll
|rrishtopursuethismatlerincou't.|herebyrequestthattheDepa't'nentofFairEmfoymerltandHotj8ingprovidea'ight-to-suenotice.tunoers6i['fiTT!6f|d' right.to.sG.lmuslvisittheU.s.Equa|Emdoy'nentoppoftun|tycommi8sion(EEoc)tofeacomplaintwitrinaooap-ofeceiptoftreDFEH"Noticeofcasec|o8ure..ofwih3m
days of the alleged disoiminatory act wtridpver is earlierr.
I have not ben coerced into making this rcquest nor do I make it based on fear of retalatilrn lf I do not do so. I .Complainant policy to not ptocess or r@pn a @mdaint once lhe cornplaint has been dosed on lhe of El

bis

of Falr Employrnent ard Housang,s

I declare under penalty of perJury under the laws of the State of Catltomia that the foregoing ls true and Infonnation and bellef, and as to those matters I belleve lt to be true.

knowledge excopt as to mattoF stated on my

Dabd At

September 10,
Crty

2OOg

l{oodland Hills
DATE FILED:

GIover

COMPI.AIMNTS

. o erartneg;r,llll*o;*ou', ""''''

qilreP
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STATE OF CALIFORNIA
I

DFEH-300-03 (01r05) NF9APTMtrNTNF FAIR FMPI NYMFNTANN HrrIISING

Q-nFtui

-=-: DEPARTMENT OF FAIR EIVI/LOYMENT

5l I Wesl Sixlh Streel, Suite lS00,Los AngeteS, CA (213) 439-6770 (800) 70o12320 Fox (213) 4ss-67ffi

STATE OF CAUFORNIA- STATE AND CONSUMER

SEF(E.

_:'l.tcy

ARNOLD SCIMAMENEGGE\ Gorrcrm:

& HOtrstt{c

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October 24,2OOB

Thomas Hoegh Attorney Ldw Offices of Thomas Hoegh 219OO Burbank Blvd. Third Ft. Woodland Hills, CA 91367
RE:

E2OO8O9RO641-OO-c GLOVER/MERVYNS

Dear Thomas Hoegh:

NOTICE OF CASE CLOSURE

This letter informs that the above-referenced comptaint that was filed with the Department of Fair Employment and Housing (DFEHI has been closed effective October 7 2OOg because an immediate right-to-sue notice was requested. DFEH ' will take no further action on the complaint. This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought underthe provisions of the Fair Employment and Housing Act against the person. empfoyer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter.
federal notice of Right-To-sue is wanted, the U.s. Equal Ernployment Opportunity Commission (EEOC) must be visited to file a comptaint within 3O days of receipt of this DFEH Notice of Case Closure or within 3OO days of the alleged discriminatory act, whichever is earlier.
lf 'a

6/Pr 7'

Notice of Case Closure Page Two

DFEH does not retain case files beyond three years after a comptaint is filed, unless the case is still open at the end of the three-year period.

Sincerely.

\l
,I

urw Jilag/",\

.l

Tina Walker District Administrator

cc:

Case File

HUMAN RESOURCES MANAGER MERVYNS 6605 FALLBROOK AVE. WOODLAND HILLS, CA 91367
DFEH-200-43 (06/06)

B lC (O$cial Form

lOJ

(1208)

UNITED STATES BANKRUPTCY coURT

Name

orDebtoc/)lorv

LLE
exrynse arising after the comme nc-e me nt o1 U.S.C. $ 503. owes money or property):
e-

bj!91! ptrsuau ta I I

th@
O Check ths box to indicatc ttrat dris
claim amends a prcviously filed claim.

sTi.,gi"d'v8F
Namqand addrest Whqrc noticcs should
be sent:

ffi;{1,trffit+iffi*eor _,.g,qd.t,*.d tt,tta - iA"Zd,A4

Telephone number:

Court Cleim Numbcr: (If loto*n)

9tg- qqT-3-q2.o

Filcd on:

where paymcnt should be sent

(if

COPY
I.
Amount of C-him rs of Detc Crsc Fitcd:
is secured, comptele item 4 below; however,

Check this box ifyou are aware thar anyone else has filed a proofofclaim rclsting to your claim. Attach copy of stalement giving particulan. Check this box

ifyou

are the dcbtor

5, Amount of Clrim Entitlcd to

if all of your claim
is ursocure4 do

If all or part ofyour claim

ircm4.

mt complete

Ifall

or part ofyour claim is entitled to priority, completc itcm 5.

irrcludcs

U.SC. gen(r). portion of your cleim frlls in one of the following crtcgorics, chcck thc bor rnd strtc thc amouDt

Priority undcr

.ny

ll

If

o Cbeck this box if claim

statement of iobrcst or charges.

interw or otlrer charges in addition to dp principal anount of claim. Attach itemized

Spcci$ the priority of ttrc claim.

Woof . 3. Irst
digits

q/r.d ttlour ViotCrtron5.

Domesic support obligations under l I U.S.C gs07(a[l[A) or(aXlXB). Wugo, salaries, or commissiom (rp to $10,950.) carrcd within lE0 days before filing ofthe bankuScy petition or cessation ofthe debtor's busincss, whichcvcr is carlier - t I

ofrny numbcr

by which crcaitor iacnrtfics

dc6iii

3e. Dcbtor mry hlvc ccbcdulcd

rccotrrt.s:

4. Sccurcd Chim (Scc insruction *+ * re" Chcct thc appopriarc box if your claim is secured by a tien on property or a right of sctoffand pmvidc tlrc rcquesrcd
information.

U.s.c. 9507 (aX4).

Nrturc of propcrty or rlght of

Dcscribc:

sctoff:

ORal

Estste
Intcrcct

OMotor

Vehicle

O Contributions to an cmployce banefit

OOther
Cl

plan- l I U.S.C. 9507 (aXs).

Vduc of

Propcrfy:$_

Anurl

R.tc_.Z

Uptoi2l2i.

ofdeposiB touard

Amount ofarrcrrrgc end othcr chrrgcs rs oftimc crsc filcd includcd in sccurcd cldrn,

purchasc, leasc, or rental ofpropcrty or scrvices for personal, family, or household usc I I U.S.C. g50?

ifrny:

$ $_

Brsis for pcrfcction:

(aX7).

Amount of Sccurcd Chim:

Amount Unsccurcd: $

6. Crcdits: The amounrofalt paymens o 7. Documcnts: Attach redacted copics of any documents tlrat support the clairq srrh as promissory notes, purchase orders' invoices, itemized satcments of nrnning accouns, contracts, j,rgr*t", rortgus; s""urity ad.L"re"n You may also attach a summary. Attach redacted copies of documens pioviding cviie;ce of pcrfcction "na oF a sccurity intercst. You may also attach a summary . (See insmction 7'aad deliiimn of ,,redrcted', on revene
DO NOT SEND ORIGINAL DOCUMENTS. ATTAC}IED DOCUMENTS MAY BE DESTROYED AFTER SCANNING.

Cl Taxes or penalties ourcd to govemmental units- I I U.S.C. $507 (aX8).

O Other- Specify applicablc poragraph of I I U.S.C. 9507 (aX_).

Amount cntitlcd to

prbrity:

side)

$Jql5q_.oo
4/I/10 and every 3 years therc{tervith respect to cases comfinced on or $ter the date ofadiustment

rAmouts are subject to @jusnenton

lf

the documents arc not available, pleese e:glain:

FEB 1 ?
Perultyfor presenting

200$

clain: Fircof

for up to 5 yean, or both.

U.S.C. gg 152 and

ATTACHMENTS
Chapter I I Bankruptcy Claim of Tyrone Glover, creditor, against Mervyn's LLC, debtor, United States Bankruptcy Court of the State of Delaware, USBC Case No. 08-11587 (KG).

l.

Creditor/claimant, Tyrone Glover, is seekingdamages forrace and sexual orientation discrimination in violation of California Govt. Code $ 12940, harassment in violation of California Govt. Code $ 129400), failure to investigate and take appropriate remedial action in violation of Califomia Govt. Code $ 12940(ixk), and retaliation in violation of California Govt. Code $ 12940(h) against debtor, Mervyn's, LLC arising out of creditor/claimant's employment with debtor Merv5m's, LLC Department Store located at 6605 Fallbrook Avenue, Woodland Hills, California

9t367.

2.

The subject claim arises out of a complaint filed on behalf of creditor/claimant Tyrone Glover on or about October 7,2008 wittr the California Department of Fair Employment & Housing (DFEH). Please see Exhibit 1 attached hereto. Creditor/claimant Tyrone Glover received a Right to Sue letter from DFEH permitting him to pursue a civil claim for monetary damages against debtor, Mervyn's, LLC on October 24,2008. Please see Exhibit 2 attached hereto.

3. 4.

The subject claim did not arise until after the filing of the debtor's bankruptcy petition on July 29,2008 and accordingly, the subject claim is being timely filed.
In support ofhis claim for discrimination, harassment, failure to take remedial action and retaliation, claimant alleges that he became employed by Mervyn's in March" 2006. In July, 2007, claimanVcreditor Tyrone Glover, began working at the Mervyn's Canoga Park store as an assistant manager reporting to the general manager, Anis Cherif, and the district manager, Colleen Lanese. ClaimanVcreditor, Tyrone Glover, is African-American, and also gay.

5. 6.
7

Claimant/creditor, Tyrone Glover, was an exceptional, dedicated, professional employee.

General manager Anis Cheri[ and district manager, Colleen Lanese, began a pattern and practice of discrimination against claimant/creditor, Tyrone Glover.

8.

Anis Cherif began making inappropriate comments to Mr. Glover regarding his
sexual orientation. During discussions at work, Mr. Cherifwould refer to Mr. Glover "date." If an acquaintance of Mr. Glover came bythe store, Mr. Cherif would ask whether or not his friend was his "partner." These comments made Mr. Glover
as his

feel extremely uncomfortable.

9. The Mervyn's store in Canoga Park had several assistant managers. Mr. Gloverwas the only minority, African-American assistant manager He was also the only openly gay assistant manager. Mr. Cherif would treat the non-African-American managers very well; he would also treat the non gay assistant managers very well. Regarding Mr.Glover, Mr. Cherif began a pattem and practice of constantly making unfounded

negative comments, giving negative performance evaluations, and belittling and berating Mr. Glover as a result of his race, African-American, and his sexual orientation, gay.
10.

In April, 2008, general manager, Anis Cherif, and district manager, Colleen Lanese, issued a negative, unsatisfactory performance evaluation of Tyrone Glover.
The negative performance review was patently false and misleading. The negative performance evaluation was done for the sole purpose of discriminating againsg harassing and retaliating against Mr. Glover as a result of Mr. Glover's race and sexual orientation. The negative performance evaluation falsely represented that Mr. Glover failed to communicate effectivelywithhis team; the true circumstances were that Mr. Glover was an excellent communicator with his team. The negative performance evaluation represented that Mr. Glover did not provide strong leadership with the members of his sales team; however, Mr. Glover was an outstanding manager and stong leader of his team. The negative performance evaluation represented that Mr. Glover was a poor rumager; however, Mr. Glover always met or exceeded production goals. The negative performance evaluation was done for the sole purpose of damaging Mr. Glover's reputation in the retail sales profession, and was done maliciously with intent to harm Mr. Glover due to his race, African American, and his sexual orientation, gay.

11.

t2.

Additionally, clairnanUcreditor Tyrone Glover, is claiming that in his assignment as assistantmanager, hewas requiredto workapproximately seventy (70) to eighty (80) hours per week. However, Mr. Glover was not an exempt from overtime employee. Mr. Glover was required to perform routine sales and marketing work more than 50% of his time, and as such, was not an exempt employee under the industrial wage orders for the state of California and was denied overtime to which he would otherwise be entitled.

**

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THE pRovlsloNs oF THE cALtFoRNtA FAIR EMPLOYMENT AND HOUSING ACT

YOUR NAtrlE (ndicste Mr. or Ms.) ADORESS

c gMpLAt NT oF DrscRtMtNATtoN uNDHRhsr -6i!"'i:-

EMPLOYMEN'I * *
DFEH #

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING

TELEPHONE NUMBER ONCLUDEAREA COD

2047 Abraharn St.

CTTY/STATETZTP

CA 93065 NAMED|sTHEEMPLoYER,PERSoN,t3BoRoRGAN|zAT|oN,EMP

Simi Valley,

COUNTY

Ventura

COMMITTEE, OR STATE OR LOCAL GOVERNMENTAGENCYWHO DISCRIMINATED AGAINST ME:

TELEPHONE NUMBER (lndudeArea Cod(

COUNTY
NO. OF EMPTOYEES/MEMBERS
(if

COUNTYCODE RSPONDENTCODE

over
On

kniln)

1000 2008

DATE MOST RECENT OR CONNNUTNG DISCRIMINATION

TOOKPIJACE(month,day.andyearl

ApriL,

24

2OOg

April 24,

lwas _ fired _ laid ofi _ demoted -L harassed

_ _ _ -x

denbdemployment
denied promotion denied transfer

_ _

deniai famit or medical leave

<lenied pregnarry leaye

gerE{ic cfiaracteristics testtqg

_ denied accommodarion _ impermissiue norFjob-rdated inquiry

oorer(s@fy,)

dniedequalpay
denied ritht to vyear panb denbrt pregmncy accomrnodation

_ by

forced

bquit

neqative eval . , retaliation

because of

my:

_
_ X

:;
religlon

racebob

_ national origin/ancesty _ _ maritial status _ _l!_ sexualorienhtion _ associalbn _

physical disaHtity mental disabfiity

_ -

canoer
genetic

(Cide one) filing;

plotesting; parlidpating in anvesdgation (.etalbtion for)

cfEractedstic

ofier (6pedf,

the reason given

by Anis Cherif
Name of peiso0 and Job Tfre

not doing my iob to Mervvns' standards *n"t'iuO"ii"u" mY sexual orientation and mv race. African-tunerican
Wasbecauseof
lplease

state

-------\,

ln ha reason(s)l to be raar:nn/cll l$ishtopursuethismatte'incoUrtlherebyfequestthattheDeparhnentofFaifEmp|oFneitarr<|Horsingprovidea'ight.to-8uenotice.rtrndersfGiF|Gfraol

right-to-sue' I must vistt the u.s. Equal Employrnent opportunity commission (EEoc) to days of the alleged discriminatory acq whichever is earlaer.

ne

comfaint within 30 days of recoipt of the DFEH

"Ndiof

case cloaure,,

or

wilhh

3i)

I have not beeo coeroed into making this reguest, nor do I make il based on fear of retaf,ation if I do not do so. policy to not process or reopen a oomplaint once lhe complaint has been dosed on the b*is of "Complainant I declare under ponalty of pedury under the law8 of the State of Calffomia that the foregolng ls true and Information and bellef, and as to those matters I belteve ltto be true.

of Fah Employinent and Housingb

knowlodge excspt as to matters stated on my

oateo

September 10. 2008

R
DATE FILED:

ar

Woodland

Hills
City

'rone, Glover *

COMPI-AINANTS

ii

. Departrnent olill;J,:ot"' ""'

"

Tml

oFEH-3oo-o3 (ot/os) NtrPAPTMtrNT .|F FAIFI FMPI NVMtrNT ANN HNI ISING

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STATE OF CAIJFORMA. STATE AND CONST.'MER

6l I Wesl Sixth Streel, Suite t5@,Los Angete3, CA 9O0lZ

(2131439-6770 (800) 7@-2320 Fox (213) 439-6780

DEPARTMENT OF FAIR EIV,/LOYMENT & HOUSING

SPI'\C6.

JNCY

ARNOLD SCIMAMENEGGER

Gom

October 24,2OO8

Thomas Hoegh Attorney Ldw Offices of Thomas Hoegh 219OO Burbank Blvd. Third Fl. Woodland Hilfs, cA 91 367
RE:

E2O08OgRO641-OO-c GLgVER/MERVYNS

Dear Thomas Hoegh: NOTICE OF CASE CLOSURE

This letter informs that the above-referenced complaint that was filed with the Department of Fair Employment and Housing (DFEH) has been closed effective October 7, 2OOB because an immediate right-to-sue notice was requested. DFEH will take no further action on the complaint. This letter is also the Right-To-Sue Notice. According to Government Code section 12965, subdivision (b), a civil action may be brought under the provisions of the Fair Employment and Housing Act against the person, employer, labor organization or employment agency named in the above-referenced complaint. The civil action must be filed within one year from the date of this letter.

lf a federal notice of Right-To-sue is wanted, the U.s. Equal Ernployment Opportunity Commission (EEOC) must be visited to file a comptaint within 30 days of receipt of this DFEH Notice of Case Closure or within 3OO days of the alleged discriminatory act, whichever is earlier.

Notice of Case Closure Page Two

DFEH does not retain case files beyond three years after a comptaint is filed, unless the case is still open at the end of the three-year period.

Sincerely,
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Jilagz"\

Tina Walker District Administrator

Case File

HUMAN RESOURCES MANAGER MERVYNS 6605 FALLBROOK AVE. WOODLAND HILLS, CA 91367
DFEH-200-43 (06/06)

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PROOF'OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of t os Angeles, State of California. I am over the age of lg and not a party to the within action; my business address is 21900 Burbank Blvd., Third Floor, V/oodland Hills, CA 91367.

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on, February 17,2009,I served the foregoing document described

On the interested parties in this action by person service on:

as:

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T]NITED STATES BAI\IKRUPTCY COTJRT PROOF OF CLAIM

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Mervyn's Claims Processing c/o Kurtzman Carson Consultants LLC 2335 Alaska Avenue El Segundo,CA9024S

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Executed on February 17,2009, at Woodland Hills, Califonria. (Federat) I declare that I am employed in the office of a mem tX whose direction the service was made. Thomas Hoegh Tlpe orprint name

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mervl/lls,
, COMPLEhE

IN

INK OR TYPE

CONFIDENTIAL CORRECTIVE

TION REPORT

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UNSATISFACTORY PERFORMANC E
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Date Corrective Action lssued

Associate

Name:

WRONE

GLOVER

Date of

Hire: 03

/08

/2006

Location: Canooa Park

#1 53

Associate Number ,)

Department: Assistant Manaqerof RTW. Intimate. and FJ/Accessories

Tyoe of Warnino Issued:

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naC numerous conversations regarding our expectations of you and your unsatisfactory performance. These conversations have taken place on 10/30/07 (Performance not on track for mid year review), 111071O7, 11119107, 12127107,01/09/08, 01/13/0g. 01t17tog, o2l05/og, 03/31/og, 04107t08, M/08/08 & 04/09/08 (Performance not acceptable on your end year review), and

Tyrfie, we hive
o4t17108.

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Coireiaive Aitlon took place prlor to this meeting? (Descriptions and dates)
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At this time your performance is unsatisfactory in the following areas; Communicates openly, drive accountability, and lmproves
business.
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Performance lssue
met.

Below

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--. stanOards of performance defined by the Leadership Competencies/expected standards that you have not

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update Communicates openlv: Listens effectively and Integrates other's input. Express opinion without intimidating others. Shares timely relevant partners and associates. Creates and environment where communication is open, direct' timely and relevant' a"d i,rfort""tiort's

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,,a '/ #;;ffi;;;;rmation

Tvrone, on 01t0g/0g, ozo5rog, and 03/31/08 we discussed you not communicating effectively with your team and the leadership from the stp, ln Basket" teadership meetings, and DM viJlts. en eximple of this is the FJ meltdown from 4'h you did not communlcate this task to Pat and the FJ team, therefore at was not completed. Your failure to communicate euarter. to your team effectively to your team has specifically affected thelr performance. Ultimately, the lack of consistent communication has affected the store buslness and profitability. leader in this store' it is one of On O?05/Og, we discussed you breaklng the key box and not communicating this issue to me. As a to communicate islues wlthln the store. You did not immediately bring this to my attention. By not having your responsabilities ine rey box secure, you opened the store to potential shortage'

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going on in On 2l5t}g,we discussed you selling a 94000 gift card over the phone. You were already aware that there was a scam email. This Mervyn's stores because at was communicated to you through our leadership meeting, through the DSLP, and through the store,s bottom llne by creating a $4OOO charge back to our P&L. This further demonstrates your inability to loss affected team. This is not effectivety communicate with me. t was lnformed of both of these situations by other members of the leadership acceptabie. As an AM, it is your responsibility to communicate this type of information to me.

Prioritizes and delegates appropriately, giving Drive accountabiliw: Hold self and others responsible for team performance and interactions. priorities. Involves latitude to mange their responsibilities. Stays steady under pressure. Adapts self and team to shifting associates the strong and seamless coordination within the team and with cross entire team with achievement of business outcome. Ensures organizational Partners.

jewelry team in preparation for the lroliday Tyrone, on 11/07/07 and 11/1g/07, we discussed necessary training and certifying of the by December. As a result, you and your team did not provide adequate customer service and season. The training did not happen process review in the fine jewelry department' could not maximizeiales. Additionally. you and your team failed the 4n--Qgarter LP diamond audlt and daily counts. due to an inaccurate

in regards to detail' Tyrone, on 01/0g/0g, we discussed the need for you to consistently maintain your departments to standard you not remerchandlslng the sweater shop and the walls quickly enough. This lack of urgency ,""ou"ry and fill. We dlscusse{ it is your responsibility to caused empty fixtures on the salls floor and mlssed sales opportunities. As an assistani manager, and recovered to standards day in and day out. This wlll allow you and your team the ability to ensure youi departments are filled provided an give oui customerE a great experience In the store. Due to your inconsistent standards within RTW, you have not and stocked department for your customeni on a dally basis. organized
re'tickets, and O1l17t}g, and 02/05/08, we discussed you getting your team trained in Mos / ooP, mismates, your tEam consistently does not prociss r,los, oFp, and mismates to standard. During the 4rh Quarter LP titting room controls. process Review and spring Lp checklists, t-hese items'have consistently been ralsed as issues in your departments. This has

on 10/09/07, 1a06rc7,

caused the store shortage.

P-10A Rev.4/06

On 10109107, 12106107 , 01117108, ) 0U05108, we discussed you getting your team s certified. You did not train your team in a timely manner. Your lack of urgency with regards to training for your team has lead to constant signing issues in each of your departments. We failed the DM slgning refresh audit due to errors in your intimate and RTW departments. lt is critical that you ensure that you provide constant training to your team. The end result is customer confusion due to signing errors and failing the
W&M audits. On O2l05/O8 and 03/31/08, we dlscussed the need for you to complete and inspect RPCR's in the lingerie department. You stated that these RPCR's were completed 100%. After inspecting these pdce changes, I found many miss ticketed items. Tyrone, you need to effectivety plan workload, like RPCR's. You need to consislently follow up and inspect the performance of your team in a thorough manner. You do not regularly check in wlth your team, which results in a lack of executing tasks timely and accurately. 11tO6lO7,11l1gt'7,12tO7lO7 and 0?05/08, we discussed the multaple customer issues reported to me from corporate. You do not actively listen to your customers. Therefore, you are qulck to iudge the situatlon and do not provide options or solutions to the customens. you itate the pollcy and let them know they can not return items in the store. The issues with these complaints are your inability to professionally iommunlcate and your inabltity to allow the customer to explain their situation. You need to be more open and listen to the customers concerns completety before commenting or maklng a decision. You need to be flexible and you understand that returns and other customer seryice issues are situataonal. Not all situations are black and white; sometimes grey options. you need to make good business decisions that keep the best interest of our customers as well need to consider the great service daily. as the company in mind.- | expect you to act professionally with all customers and provide them with

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your responsibility to update the 1ao4n7 ,01/15/Og and 0?05/0g, we discussed your role as a credit champlon in the store. lt is policies, programs, contests, training, etc. Since, taking on this role, you have not updated the credit board as team with company The credit board in the break room of November. it ls-ciitical for you to communicate credit information to the team consistently. not feel informed or tool to educate the team. By not consistenfly communicating credit information, the team does is a valuable credit performance. The entire team does not know what is going on daily with valued because they are not recognized ior their training, accountability and recognition are credit due to the information on the board being updated. consistent communication, credit culture wltiln'tne store. The store does not meet our credit goals, primarily due to the lack of all vital keys in having a solid

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ownership with the crsdlt program.

during your opening and closing shifts' Your On 0205108, we discussed the importance of communicating issues as they occur get a master key to unlock the audit room, due to you failure to communicate the fact that you had to break into thi key box to you need to own and be forth right with your mistakes. By not communicating forgetting vori ["i"ln tne audit roor i" an lssue. thiJ issue dlrectly to me, demonstrates youl lack of accountability.
tlcket without physicalty counting the money' The o4to1to1,we discussed you slgning the safe balance worksheet and deposlt store. That day, we had an $t 850 cash shortage that for the failure to perform these tasks to best method resulted in shortage physically counted the safe funds and the money would have been detectsd lf you had completed your duty as an MoD and

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avoid causing shortage to the store and company' deposit. lt is critical that you execute your tasks-to company standard to unaccePtable' Anything less is
pM safe counts on the 04/09/08 and o4ll6108. lt is your duty as a closing MoD to 04l17l0g,we discussed you not doing the you are again causing shortage to the store' complete this process accurately. By not executing this process to standard,

of urgency. Maneuvers clearexpectations coupled with processes to achieve ,"iffi*"y" "ense champion their integration into business. i""ognir"" creative ides and can

plans for roadblocks. Pursues aggressive goals and monitors Manaoes and lmoroves the buginess: Anticipates and creates contingency effectively through complex situations' need for you to be more aggressive in remerchandising your On 01/09/08, O1l1ZlOg, OAOSrcgand 03/31/08, we discussed the residual freight in the back I came in to the store and found light fixtures, empty walls' and departments. on numerous occaslons, from the stockroom in RTW and the lingerie department' youit"ir do not conslstenfly fill and purge merchandise stock. you your team to keep the floor filled in "nJ you have not communicated to yoir team tire dtt expectations. You have not trained you team to work freight effectavely. "nl"iru"ii according to standard ind you have not tralned

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for on o1/og/og, oltl7tog,ozosi/og and 03/3i/08, we discussed the need caused your team to be less productive than signing, ;bmates, and nttlnJ iobr controls.. Yo-ur lack of trainang has Mos/opp, your departments conslste"tith;"; Gues wittr MosroPP, mismates, and fitting room controls during LP audits' expected.
In the lingerie department. lt is your role to plan how and on ozo5/08 and o3t27lOg,we dlscussed the compleuon of the RPCR's you ar uttimately responslble for the performance of your team' You when these tasks are to be completed. As the Ail of lntimate, and timely. lt is importance that you up with your team to ensure these tasis are executed accurately need to traln and follow manage workload effectlvely to maxlmlze sales and serylce'

you to train your associates on how to execute/ process

perspective' lt was not customer ready from a detail recovery and fill 04t17l0g,we discussed the condition of the RTW department. RTW department per the company standards to your customers on you cto not consistenily provide a detail recovered ind filled in your team accountable for gettlng the entire department organized daily for a daily basis. you need io constanfly train and hord
Your customers'

Problem Definition / Suggestions for lmprovement' better and suggestlons for improvement:
P-10A Rev.4/06

level or Below are areas of your performance which need to improve to a "satisfactory"

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Tyrone, you need to consistently commurricate with your team and the leadership team. As an AM, it is your responsibility to communicate and provide the necessary tools to be successful. Your communicatlon with your team ls essential to enabling them to be productive and focus on what tasks need to be completed. You need to provide your team rvith frequent Information from the SlP, in basket, from your peers, email, store visits, etc. Utillze speclfic written communlcation to give direction to your team whenever possible. This will allow them to have something to refer to and they wlll not need to walt for you or lnterrupt you for clarllicatlon. Tyrone, you need to communicate lsgues that occur in the store to me lmmedlately. You also need to communlcate professionally to customers at all times. You need to take partneis as necessary to deal wlth dlfflcult situatlons or customers. We will be meeting weekly to status about your team, buslness, and personal performance. You wlll need to c;eate a blnder in which you document training that you conduct in your departrnents. You wlll need to retaln coaching logs in thls blnder as well. This will allow me to monitor your progress with training, communlcating, coachlng, and recognlzlng the team. I wlll be inspecting thls blnder weekly. I expect you to have multiple entries of communication with your team each day that you work.

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Drives accountpbllltv: to hold yourself and your team accountable to perform responslbillties accordlng to company standards. On a daily basis, Tyrone, you "eed you n*a to evaluate what needs to be done and prlorltlze your worktoad. Utillze a daily plannet to ensure you meet deadlines on ieliverables and processes. Look at what needs to be done and ensure that you have a plan and a focus for each day' Complete your goals and responsibilities to company standards and timelines. ldentify, traln and delegate tasks to associates and DSs' Give specific directions and timelines.

planning, organlzatlon and prlorltizatlon are keys to giving the team clear dlrectlons. Follow up to ensure execution' Provide them with positlve feedback and public recognition' feedbac-f and coach them to lmprove thelr resuits. Celebrate their wins and rccognize them wlth please write down the daily priorltles you asslgn for yoursetf as well as your team. Leave this communlcation in my mail box or email me. At our weekly status tlme, we wlll dlscuss these priorltles and what was accompllshed. / RETICKETS' and fitting room By 05/19/08, I expect you to traln your entlre RTW / Llngerle / and FJ teams in MOS / OOP, MISMATES your maps by complny deadlinos accurately. You need to take ownership for your mastakes' and controts. I expect you to compleie communlcate thsm to me lmmedlately. You must lead by example'
Manaqes and lmoroves the buslness

@adonadai|ybasisandensurecomp|et|onwithasenseofurgency.Planaheadforprojectsandtasks You need to In your departments. iou need to partner wlth me and the DSS for scheduling support as needed.

that need to be completeJ your team need to walk your back stocks daily and create plans create a dally flll strategy to ensure your floor ls constantly filled ln. You and you to plan your ilaps and piojects and dlscuss them with m to ensure timely execution. You need to have io pu.g" as needed. t Jipect according to comPany standards daily. VLrr Oip"rt-ents detall recovered, filled, and signed control, and fittlng room control to company standards' By 0S/19/0E, I expect you and your team to perform lrlos, ooP, Reticket flne Jewelry performance durlng our weekly statuses' lwill assess vouipiogi""" on a weekly basls. we wilt discuss your ponional and team Again,

Critical ps7is6

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08 rhrough 5 t2tlt a8

During.thecritical Periodtheassociateisineligibtefortransfer,
Promotion and/or merit increase.

ro iilAlNrArN YouR rO A.SAT|SFACTORT LEVEL OR BETTER BYTH_E_!1N9_o_l^Ti{E!Ml9lL PERloD, You wlLL NEED YOU ARE UNABLE oR BETTER_DURING A (12) MoNTH EXTENDED PERIOD FOR WRITTEN OR FINAL WARNING' IF wrLL 8E PLAcEo PERFoRijtANcE AT A.sATIsFACibii.lEveu youR pERFoifficHir n:sarrsFAcro'ir-^Liy_i! i*lflf-t.gVRrNc ETTHER rHE cRtncAL oR EXTENDED PERloD, You ro MATNTATN oi iiri Hexr sTEp oF coRREcrME ACTION UP TO AND INCLUDING TERMIlteTIoN.
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you tMpRovE youR

PERFORMANCE

Associate Signature:

Date
Cftrisinformation has been reviewed with me.)
Mo

Prepare/s

signarwe:

Al/'g

cHP''f

Date

Approved BY (if aPPlicable):

+ DaY Mo. t2(t.8 oate 4 Mo. DaY

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Day

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Oistribution: Original - Associate's Personnel File

@r,1O0HalfDayRd..P.o.Box1432,Linco|nshire'|L60069-1432,
Fax Number 1-866-41 1-2882

P-'l0A Rev. tU06

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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not aparty to the within action; my business address is 21900 Burbank Blvd., Third Floor, Woodland Hills, CA 91367.

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LAIMANT'S TYRONE GLOVER'S OBJECTION TO DEBTORS'

EVENTEENTH OMMBUS OBJECTION AND DECLARATION OF TYRONE LOVER ATTACHED FIERETO on the interested parties in this action by placing copies thereof enclosed in a sealed envelope addressed as follows:
Mark D. Collins Daniel J. DeFranceschi Christopher M. Samis ler D. Semmelman CHARDS, LAYTON & FINGER, P.A. Rodney Square North King Street ilmington, Delaware 1980 1 Howard S. Beltzer Wendy S. Walker MORGAN, LEWIS & BOCKIUS LLP 101 Park Avenue New York, New York 10178-0060

On, February 10, 2010,

served the foregoing document described as:

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und pror.ssing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon nrity prepaid at Woodland Hills, CA in the ordinary course of business. I am aware that on motion ofthe party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of

lX] By MAIL - I am "readily familiar" with the firm's practice of collections

deposit for mailing in affrdavit. Executed on February 10, 2010 at woodland Hills, califomia.

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(Federal) I declare that I am employed in the office of a member of the bar this court at whose direction the service was made.

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Connie Kaplan