26314884 FILED - ?15 APR 27 AM 11:03 i - - COUNTY i SUPERIOR COURT LERK . . 2 CASE NUMBER: 15-2-102333-8 SEA 43-. SUPERIOR COURT OF WASHINGTON 1N AND FOR KING COUNTY 00"de JASMINE KAISER, KO Plaintiff, No. COMPLATNT 10 I 1'2 CSL PLASMA INC, a, corporation, 13 I Defendant. I4 - 15 I. PARTIES 6 i. The plaintiff is Jasmine Kaiser, an individuai residing in King County, 17 Washington. i8 2. The defendant is a tbs-profit Delaware corporation cenducting ?9 business in King County, Washington.? 20 II. I JURISDICTION AND VENUE 21 3. This Court has subject?matterjurisdiction over this action under ROW 2.08.010 because the amount in controversy exceedsl$300. 24 4. This Court has personaljurisdiction over CSL Plasma Toe. 25 5. Venue is proper in this (Snort under RCW 4.12.020 beesuse the events giving rise I 26 to this action occurred in King County. COMPLAINT-1 KELLER ROHRBACK L.L.P. 120: Third Avenue. Suite 3200 Soaula. Washinglon 93101-3052 (203) 823-1900 {205) 623-3334 - 26314884 FACTS 6. Ms. Kaiser is a transgender person. She Was assigned the sex of male at birth and was given a male birth name but identi?es as female and has transitioned to female. As part of . a transition process, Ms. Kaiser changed her legal name to Jasmine Kaiser. At no point, either before or after her transition process, has Ms. Kaiser. engaged in sexual Contact with a male. 7. CSL Plasma operates and advertises splasrna center in Kent, Washington, as a for-profit business. CSL accepts So-ealled ?donations? ofplasma, for which CSL Plasma pays ?donors? significant compensation. . I 8. in June 2014, Ms. Kaiser went to the plasma center in Kent with the intention'ef donatng plasmain exchange for compensation. She was asked to watch an informational video. Ms. Kaiser?also underwent a pre?plasma?donation screening. Unfortunately, Ms. Kaiser was unable to donate plasma on that. date, allegedly because of an elevated heart rate. An employee of C81. Plaszna MS. Kaiser to return on another day to donate plasma. 9. Ms. Kaiser returned to CSL Plasma on or about June 25, 2014, to donate plasma. After again watching the informational video, an employee Plasma informed Ms. Kaiser that she would not be permitted to donate pIaSma because she is a transgender person. The eniployee told Ms. Kaiser that CSL Plasma placed a ?lifetime deferment? on any donation by Msi'KaiserL The employee also told Ms. Kaiser that CSL would inform other, similar donation centers about her lifetime deferment?41w purpose and effect of which were to blacklist Ms. Kaiser from ever donating plasma anywhere. ll). On information and belief, Plasma maintains a company-wide'poliey of refusing plasma donations by transgender people. ELLER 011R BA CK L.L.P. 1201 Thin! Avenue, Snil? 3200 Washington 931014052 TELEPHONE: {205) 623490!) FACSIMILE: {206) 623-336t COMPLAINT - 2 26314884 direct and proximate result of (ISL Plasma?s unlawful actions, Ms. Kaiser has iost business opportunities; suffered monetary damages; and suffered embarrassment, humiliation, emotional pain and anguish, and other compensable damage. IV. CAUSE OF ACTION 12. Ms. Kaiser re~alleges the foregoing paragraphs as though f?uliy set forth herein. 13. The Washington Law Against. Discrimination, RCW 49.60.010 to .505, protects the citizens of Washington from discrimination on the basis of gender identity and expression in places of public resort, accommodation, assemblage, or amusement and protects the ?right to engage in commerce free from any discriminatory boycotts or blacklists.? RCW 49.60.0300).- 14. The Washington Law Against Discrimination defines ?sex? as ?gender.? RCW Washington Law Against Discrimination de?nes ?sexuai' orientation? as - heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, ?gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self?image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth; RCW 496004006). 15. CSL Plasma is in Violation of the Washington Law Against Discrimination by refusing to permit plaintiff to provide plasma in exchange for compensation based on her gender expression or identity and transgender status. 16. Under RCW 49.60.0306), violations of Washington Law Against Discrimination are per se violations ofthe Consumer Protection Act, RCW 19.86.010 to .920. KELLER Rmmsacs L.L.P. 1201 Third Avenue, Suite 3200 Seattle. 93101-3052 (205) 623-1900 FacsimLE: {206) 523-3334 26314884 17. CSL Plasma?s conduct constitutes unlawful discrimination in a place of public accommodation and violates plaintiff?s right to engage in commerce free from discriminatory boycotts or biacklists in violation of chapter 49.60 ROW and, therefore, constitutes a violation of the Consumer Protection Act. 18. Ms. Kaiser is a transgender woman and, for the purposes of the definitions set forth in the Washington Law Against Discrimination and the Consumer Protection Act, she is protected based upon her ?sexuai orientation.? - l9. Notwithstandint,r RCW 49.60.0300), CSL Plasma?s conduct is an unfair practice - in trade or commerce that is contrary to the public interest and therefore violates the I Consumer Protection Act. V. PRAYER FOR RELIEF 20. Ms. Kaiser prays for the tbllowing relief: A: a moneyjudgmeut against defendant CSL Plasma and in favor of Ms. Kaiser; I B. declaratory relief pursuant to the Consumer Protection Act and the Washington. Law Against Discrimination; C. injunctive relief pursuant to the Consumer Protection Act; D. exemplary carriages, including exemplary damages under RCW 19.86; an award. of attorney fees and costs to the extent authorized lay Washingmn law, inciutiing the Washington Law Against Discrimination and the Consumer Protection Act; and i F. such other relief as the Court (learnsjust and proper. scum ROIIRBACK L.L.P. 1201 Third Avenue. Suite 3200 Seattle. 98101-3052 TELEPHONE: [206} 62345130 (203) 623-3334 - 4 26314834 DATED this 27th day of Aprii, 2015. COMPLAINT 5 KELLER ROHRBACK LLP, By MM T2147 Is?Eaa??iiuiz, #352 M. Knudsen, #41075 LEGAL VOICE By David J. Ward, WSBA 907 Pipe Street, Suite 50 Seattle, Washington 98101-1818 Tel. (206) 682-9552, ext. 112 clwarcl@legalvoice.0rg GENDER Jill Gaulding (pro llac vice appiicatyion is forthcoming) 550 Rice St. . St. Paul, MN 55103 Tel. (651)789-2090 Affomeysfor Plaintiff Jasmine Kaiser KELLER ROIIRBACK L.L.P. 1201 ThIrd Avenue, Sulla 3200 5831116. Washington 9310145052 TELEPHONE: 323-1900 (203} 623-3384 26314897 FILED 15 APR 27 AM11103 KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 15-2?102338 SEA IN THE SUPERIOR COURT OF THE STATE OF IN AND FOR THE COUN l'Y 0F KING JASMINE KAISER NO. 15-2-10233-8 SEA Paaintiets), ORDER SETTING CIVIL CASE SCHEDULE VS. ASSIGNED JUDGE- Bradshaw, Timothy A, Dept. 1 CSL PLASMA INC. Respondent(s) FILED 4/27/2015 TRIAL DATE: 5/3/2016 SCOMIS CODE: $011303 A civil case has been filed in the King County Superior Court and wit} be nmmged by the Case Schedule on Page 3 as ordered by the King County Supelior Coult Pres idng Judge. 1. NOTICES NOTICE TO PLAINTIFF: The Plaintiff may sewea copy of this Order Setting Case Schedule (Schedule) onthe Defendant(s) along with the Summons and Con/pitainf/Petition. Othenvise, the Plaintiff shell some the Seized/tie on the Defendant(s)withiu 10 days after the later of: (1) the ?ling of the Summons and Conw?cIiM/Peii?on or(2) sewice of the Defendant's ?tst response tothe Compfainr/P ?fin'ou, whetherthatt?esponse is a? Notice of Appearance, 3 respons e, ora Civil Rule 12 (CR I2) motion. The Schedule may beserved byregularmai], with proof of mailing to be ?led in the foml required by Civit Rule 5 (CR 5). understand that 1am required to give a copy of these documents to all parties in this case.? PRINT NA MB SIGN NA 26311189? I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make therrnelves familiar with the King County Local Rules especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursuetheir cases vigorously From the day the caseis ?led. For example, discoveryrnust be undertaken in order to comply with the deadlines for joining additional palties, claims, and defenses, tbrdisclosing possible witnesses [See 26], and for meeting the discovery cutol?fdate [See 37(g) CROSS CLAIMS, AND THIRD PARTY A filing fee of8240111ust bepaid when any answer that includes additional claims is ?led in an existing case. 4.200(2) A Con?rmation of Joinder, Claims and Defenses ora Statement ofA1bitmbiliLy must be tiled by the deadline in the schedule. The court will review the con?rmation ofjoinder document to determine if a hearing is required. If a Show cause order is issued, all parties cited in the order must appearbefor?e their Chief Civil Judge. PENDING DUE DATES FILING PAPERS RFSOLV THE CASE: When a ?nal decree, judgment, ororder ofdisrnissal of all parties and clams?is ?led with the Superior Court Clerk?s Of?ce, anda courtesy copy delivered to the assignedjudgc,all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility ot?the parties to l) tile such dispositivedoenrnents within 45 days ofthe resolution ofthe case,and 2) strike any pending motions bynotilying the bailiff to the assigned judge. Parties may also authorise the Superior Court tosu?il:e all pending due dates and the Trial Date by ?ling a Notice of 41, and forwarding a courtesycopyto theassignedjudge. It?a ?nal decree, judgment or order ol?disnrissal of all parties and claims is not filed by 45 days after a Notice casernay be dismiss ed with notice. you miss your scheduled 'l?rial Date, the Superior Court Clerk is authorized by KCICR to present an Order Oj?Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES 0F APPFARA NCE 0R A ND ADDRESS CHANGES: All parties to this action must keep?re com! informed offheiraddresses. When a Notice of Notice ol?Change of Address is ?led with the Superior Court Clerk?s Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement oFArhitr?ability must be ?led by the deadline on the schedule if the case is subject to mandatory arbitration and service of the original complaint and all answers to claims, counterelainrs and cross-claims have been filed. If mandatory arbitration is required after the deadline, parties must obtain an order from theassigned judge transferring the easeto arbitration. Any party filing a Statement must pay a $220 arbitration fee. If a party seeks a trial de nose when an arbitration award is appealed, a fee ot?$250 and the request l?orlr?ial de novoraust be filed with the Clerk?s Of?ce Cashiers. NOTICE OF FEES: All parties will be assessed a fee authorized by King County Code 4A.630.020 whenev er the Superior Court Clerk must send notice ol?nonrconlpliance of schedule requirements Civil Rule 41. King County Local Rules are available for timing at 26314897 II. CASE SCHEDULE \l CASE EVENTS DATE Case Filed and Schedule Issued. 412?/20i 5 \l LastDay for Filing Statement. ofArbitiability wi?zouta Showing of Good Cause forlate Filing [See 109512015 andNotices on page SZZOAl'bitration fee must be paid DEADLINE to file Conlinmtion offoinder it?not subjectto Arbitration [See 42(3) and 10/512015 Notices on page 2] DEADLINE for Hearing Motions to Change Case AssigmnentArea 82(0)] 1059/2015- DEUJLINE for Disclosure of Possible Piialaly Witnesses [See 2603)] 12/1/2015 DEADLINE for Disclosure of Possible Additional Witnesses 26(b)] If 12/2016 DEADLINE for July Demand [See 1/26?2016 DEADLINE for Change in Trial Date [Sec 1/26/2016 DEADLINE for Discov e1)I Cutoff [See 3i! 5,1'2016 DEADLINE for Engaging in Altemative Dispute Resolution [See 603)] 4f5i2016 DEXDLINE. for Exchange Witness Exhibit Lists Documentaiy Edlibits [See 40)] #1212016 \l DEADLINE to tile JointConfmnation ofTiial Readiness [See 1660(1)] 4f12/2016 DEADLINE for Hearing Dispositive Pretrial Motions [See 41'19/2016 \l Ioint Statement of Evidence [See 400] 426/2016 DEADLINE for filing Trial Briefs, Proposed Findings of Fact and Conclusions of law and Jury 41262016 (Do not file proposed Findings ofFact and Conclusion of Law with the Clerk) Trial Date [See 40] 53/2016 The \l indicate; a document that must be?led with theSuperior Clerk's O?ice by the date shown. ORDER Pmsuant to King County Local Rule 411T IS ORDERED that {liepaities shall comply with the schedule listed above. Penalties, including but notlimited to sanctions sot tomb in Local Rule (Kg) and Rule 3? ofthe Superior Comt Civil Rules, may be imposed fornon?compliance. It ORDERED lilatthe pasty ?ling this action must sewe this Order Selling Civil Case Schedule and attachment on all other parties. .6 DATED: 4/27/1201 5 PRESIDING JUDGE 2631439? IV. ORDER 0N 31V IL PROCEEDINGS FOR TO READ THIS ORDER BEFORE YOUR ASSIGNED JUDGE. This caseis assigned to the Superior Judge whosenamc appeals in the caption of this case schedule. The assigned Superior Court Judge will preside over and manage this casci?or all pretrial matters. COMPLEX: LITIGATION: If you anticipate an unusuallyr complex or trial, please notify the assigned comt as soon as possible. APPLICABLE RULES: Except as speci?cally modified below, all the provisions of King County Local Civil Rules 4 through 26 shall apply to the processing of civil cases before Superior Conn; Iudg es. The local civil rules can be found at ilas ox . CASE SCHEDULE AND REQUHKEMENTS: Deadlines are set. by the case schedule, issued pulsuant toLocal Civil Rule 4. THE PARTIFS ARE RESPONSBLE FOR AND COMPLYIN WITH ATJ. IMPOSFD BY THE LOCAL CIVIL RULES. Joint Confirmation regarding Trial Readiness No later than twenty one (21) days before the his} date, parties shall complete and tile (with a copy to the assigned judge) a joint confirmation report setting forth whether a jut)! demand has been ?led, the enpected duration of the trial, whether a settlement confenence has beenheld, and special problems and needs (cg. inteipl'etels, equipment, etc.) The form is available If paities wish to requesta CR 16 cont?enence, they must contact the assigned court. Piaintifi?sfpetitioner?s counsel is responsible for contacting the other parties regarding said report. B. a. Forty ?ve (45) days before thetrial date, counsel for plaintifii?petitioner shall submit a wntten settlement. demand. Ten (10) days atterreceivia'tg plaintil?t?stpetitioner?s written demand, counsel for tietenclantirespondentshall res pond (with a counteroffer, if appropriate). b. 'l?wenty eight. (28) days before the trial date, a SettlementhediatioanDR confemnceshall have-been held. FAILURE TO COIVIPLY THIS CONFERENCE REQUIREMENT NIAYRESULT IN IONS. C. Trial: Trial is scheduled for 9.00 am onthe date on the or as soon therealleras convened by the coun. The Fliday before trial, the parties should access theKing County Superior Conn website unenoreourtasox to continn trial judge assignment. Infomntion can also be obtained by calling (206) 205-5984. RIO TION PRO CE) UR Ill A. Noting of R'Iolions Dispositiw. Motions: All judgment orotherdispositiveniotions will be heard with oral algument before the assigned judge. The moving party must anange with the hearing judge a dateand time for thehearing, consistentwith the courtiules. local Civil Rule 7 and Local Civil Rule 56 for snmmaly judgment or other motions thatdispose of the casein whole or in part. The local civil zules can be found at {meriorcouzt/civ ilas ox. Non-dispositiw Motions: These motions, which include discoveiy motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the luljng is l?equestcd;this date must likewise eonfonn to the applicable notice requirements. Rather thannoting a time oftlay, the Note for Motion should state ?WithoutOml Argument.? Local Civil Rule 7 govenls these motions, which include discovery motions. The local civil mles can be found at 26314897 Motions in Family Law Cases not imuliing children: Discovery motions to compel, motions in limine, motions relating to trial dates andmotions to vacate judgments/(limits sals shall be brought before the assigned judge. All other motions should be noted and heard on the Family law Motions calendar. Local Civil Rule 3? and King County Family Law Local Rules govern these procedures. The local rules can be found at htto?wxmakiugcountego?coutts .18 nperiorconitfciv ii. as ex. iMotions: Under the court?s looal civil rules, emergency motions will be allowed only upon entry of an Order Shortening Time. However, ermigency dis covery disputes may be addressed by telephone call and without written motion, if the judge approves. B. Original Documents?-Vorking Copies! Filing of Documents: Ail original documents must be ?led nitil the Clerk?s Office. Please see information on the Clerk?s Of?ce website at regarding the new requirement outlined in LGR 30 that attorneys artiste-file documents in King County Superior Court. The exceptions to the e-iiling requirement are also available on the Clerk?s Of?ce website. The working copies of all documents in support or oppos ition must be imrked on the upperrighl comerot? the first page with the date of consideration or hearing and the name of the assigned judge. The assignedjudge?s working copies must be delivered to hisfher courtroom or the Judges?mailroont Working copies of motions to he heard on the Family Law Motions Calendar should be filed with the Family Law Motions Coordinator. On June 1, 2009 youwill be able to submit working copies through the Clerk?s of?ce E-Filing application at Seriice of documents: E??led documents may be electronically served on parties who opt in to E?Service within the E- Filing application. The filer still serve any others who are entitled to service butwho have not opted in. E-Seivice genetates a record of service document that can be e-liled. Please see information on the Clerk?s of?ce website at men-airing county .govfcomtsr'cietl-t regarding E?Seivice. Original Proposed Order: Each of the parties must include an original proposed order granting requested relief with the working copy materials submitted on any motion. Do not ?le the original of the proposed orrlerwith the Clerk of the Court. Should any party des ire a copy ot?the order as signed and tiled by the jud ge, a pro-addressed?tanped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. if that judge is absent, contact. the ass igned court for thither instructions. if anotherjudgeenteis an order on the case, counsel is res pous ible for providing the as signed judge with a copy. Proposed orders finalizing settlement audio]: dismissal by agreement of all parties shall be preSented to the assigned judge or in the his Part9. Department. Formal proof in Family Law eases must be scheduled before the assigned judge by contacting the bailiff, or formal proofrmy be entered in the Ex Pane Depaitment. If ?nal order auditor formal proof are entered in the 1k Parte Department, counsel is responsible for prodding the assigned judge with a copy. C. Form hrlemolandafbriefs for matters heard by the assigned judgemay not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for non~dispositivemotions, unless the assignedjudge permits over-length memorandafbtiefs in advance of ?ling. Over-length memorandafhiiel?s and motions supported bysuch memorandafbriefs may be stricken. IT IS SO ORDERED FAILURE TO COMPLY WITH THE OF THIS ORDER ill/11? RESULT IN DISMISSAL OR OTHER SANCTIOM SHA LL FORWARD A COPY OF THIS ORDER AS SOON AS PRA TICABLE TO ANY PARTY WHO HAS RECEIVED THIS ORDER. PRESIDING JUDGE