CASE Document 1 Filed 01/24/14 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Chad Dafoe, Court File No. Plaintiff, JURY TRIAL DEMANDED V. COMPLAINT BNSF Railway Company, Defendant. COMPLAINT Chad Dafoe, for his causes of action against BNSF Railway Company, a corporation, states and alleges as follows: Introduction 1. This is an action for damages brought pursuant to the Whistleblower provisions of the Federal Rail Safety Act, 49 U.S.C. 20109, commonly referred to as the FRSA. This claim is a result of repeated harassment of the Plaintiff, culminating in his dismissal from the railroad, stemming, in whole or in part, from Plaintiffs protected activities under the FRSA including his reporting of numerous Federal Railroad Administration regulation violations and other safety concerns to the Defendant, and his having reported on the job personal injuries to the Defendant. ?Parties 2. Plaintiff Chad Dafoe is and was at all material times a resident of Kandiyohi County, Minnesota. 3. Defendant BNSF Railway Company is and was _of all material times a Delaware corporation operating in and through the State of Minnesota. CASE Document 1 Filed 01/24/14 Page 2 of 3 Jurisdiction and Venue 4. This Court has jurisdiction over this matter under the FRSA, speci?cally 49 U.S.C. Sec. 20109 The Plaintiff resides in this District, many of the events related to the allegations took place in this District, and the Defendant operates a line of railroad in this District. Facts 5. Plaintiff ?led a Complaint with the Federal Occupational Safety Health . Administration under the FRSA. That Complaint was made in a letter dated February 14, 2012. More than 210 days have passed since the Complaint was made and no ?nal determination has been made by the Secretary of Labor. Under 49 U.S.C. ?20109(3)(d), Plaintiff is exercising his right to bring this action in this ?Court. Attached as Exhibit A is a_ copy of Administrative Law Judge Pamela Lakes Order of Dismissal, dated January 13, 2014, dismissing the Complaint and permitting Plaintiff to exercise his right to bring the matter to this court. Defendant BNSF Railway Company has no objection to the case being filed in this court. 6. During the course of his employment with the Defendant, Plaintiff engaged in numerous protected activities under the FRSA. These include, but are not limited to, the following: a. Repeatedly reporting violations of FRA regulations governing air brake testing and related safety issues; b. Reporting personal injuries_to Defendant?s management; c. Reporting unsafe snow and ice conditions in the Willmar Yard in employee work areas to Defendant?s management; (1. Reporting unsafe debris in the Willmar Yard to Defendant? management; e. Reporting unsafe vegetation overgrowth, a violation of Federal Railroad Administration regulations, to Defendant?s management; and, CASE Document 1 Filed 01/24/14 Page 3 of 3 f. In addition, Plaintiff was listed as witness to testify on behalf of fellow employees David Peterson and Paul_ Gunderson and against Defendant in their FRSA Whistleblower trial before US. Department of Labor Administrative Law Judge Paul C. Johnson, Jr. which was held from January 31 thru February 2 and March 18 and 19, 2012. The cases are captioned David Peterson V. BNSF Railway Company, Case No. 2010-FRS-00029 and Paul Gunderson BNSF Railway Company, Case No. 2011-FRS-00001. 7. In whole or in part as a result of Plaintiffs FRSA protected activities, he was wrongfully dismissed from his job by the Defendant on September 26, 2011 and has lost wages and bene?ts, has endured mental anguish, and has suffered other damages. WHEREFORE, the Plaintiff demands judgment against the Defendant: A. E. F. Awarding damages to Plaintiff against the Defendant in excess of $75,000.00 including, but not limited to, compensatory, special, and punitive damages; Ordering that Defendant expunge all negative information from Mr. Dafoe?s personnel ?le, including any record of termination, and shall amend the file to show that he has been continually employed since his original hire date; Ordering that Defendant immediately reinstate Plaintiff to his former position as a full-time brakeman/switchman/conductor and without loss of seniority and bene?ts; Awarding interest, costs and disbursements in this action to the Plaintiff; Awarding reasonable attorney?s fees to the Plaintiff; and Providing such other and further relief as is fair, just and equitable. JURY TRIAL DEMANDED. Dated: Ianuaryzi 2014 TELLO LAW FIRM ?1T1i?chae1 F. Tello (ID No. i?aiss) Michael P. McReynolds (ID No. 1543 74) 2150 Third Avenue North, Suite 10 Anoka, MN 55 303 (763) 427-0159 ATTORNEYS FOR PLAINTIFF