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Published by YayaMirage

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Categories:Types, Business/Law
Published by: YayaMirage on Jul 13, 2013
Copyright:Attribution Non-commercial


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ONCE UPON A TIME IN THE LAND OF SAVANNAH OR …HOW NOT TO FILE A LAWSUITI have been trying to figure out the time line of the initial events in this fiasco. I think I have a better grasp on it now and would like to share it with everyone. It seems screwy at best – imagine that! I doapologize for this lengthy post, but I hope you find it worth reading.05/27/10Jackson's letter to Paula Deen contains nothing but praise for Ms. Paula & Uncle Bubba.This letter has been deemed by many, in their opinion, as “Jackson's First Demand Letter”. [See:Facebook Photo Library of “Who Is Lisa T. Jackson?”] One of the things that amazes me about thisletter is that Jackson wants to have Uncle Bubba speak at the events she wants to “spearhead”. Ithought, according to Jackson's allegations in her three Complaints, that she thought of Uncle Bubba asa racial-spewing-hate-filled-sexist-violently-drunken brute. Did she have a sudden mood swing or wasshe just being manipulative to get what she wanted, i.e., CEO of a new division of the Deen Empire?08/19/10Jackson's official resignation date from Uncle Bubba's [Jackson Depo. at Page 72;Lines 22-24]10/08/10EEOC Complaint filed by Jackson. [See: Facebook Photo Library of “Who Is Lisa T.Jackson?”]11/24/10Date is approximate based on Deen & Co.'s attorney who goes on to state that Jackson'sattorney, “... came over to the undersigned's office to tell Patty Paul – a partner of this law firm – that if Ms. Jackson's demand of $1,000,000.00 was not paid, he and Ms. Jackson would be going to the presswith reportedly derogatory information regarding Ms. Deen and her family within three (3) weeks.”[See: Facebook Photo Library of “Who Is Lisa T. Jackson?”][NOTE – This would mean that Jackson either made an “oral demand” and/or a written demand wehave not seen to Deen & Co. approximately three months after quitting and approximately six weeksafter filing her EEOC Charge for $1 million thus giving Deen & Co. ample time to have received her EEOC Charge. IMO, this means Jackson and her attorney were already making threats to “expose”her allegations concerning “derogatory information” to the public from the very beginning. Thus,again IMO, money has been her motive from the get-go versus her public implications of being asacrificial lamb of the people.]12/00/10Jackson and Sumerlin move to Atlanta, Georgia probably driving Jackson's Mercedes.[Jackson Depo. at Page 209; Lines 18-21 & Sumerlin Depo. at Page 124; Lines 9-11]02/11/11EEOC Pre-Determination Letter – Jennifer Bessick, EEOC Investigator, opines, “UncleBubba's appears to have provided a non-discriminatory reason for it's actions.” Jackson is given untilFebruary 23, 2011 to provide evidence to support her claims and refute Uncle Bubba's claims. If noevidence is given than it would be recommended that Jackson's Charge be dismissed as “no cause” andshe will receive a Dismissal and Notice of Rights in the mail. After receiving a Notice Jackson willhave ninety (90) days to file in FEDERAL COURT. [See: Facebook Photo Library of “Who Is Lisa T.Jackson?”]02/23/11Deadline for Jackson to respond to EEOC. [NOTE: At this time, it is unknown iJackson ever responded.]
01/31/12Jackson's written Demand Letter for $1.25 million which also threatens to go to the NewYork Times. This letter has been construed by many as extortion or blackmail – metaphoricallyspeaking of course, in their opinions. [See: Facebook Photo Library of “Who Is Lisa T. Jackson?”]02/06/12Deadline for Deen & Co. to pay $1.25 million which Jackson will “quietly accept”.Again, how can Jackson publicly assert she is the voice for people who can't speak for themselves?This reminds me of song lyrics by Pink Floyd – “Money, it's a gas! Grab that cash with both hands andmake a stash.” [See: Facebook Photo Library of “Who Is Lisa T. Jackson?”]03/05/12Jackson's initial Complaint is filed with the Superior (State Court) in Chatham County,Savanna, Georgia. [Federal Court Docket #6, Exhibit 1]. According to Judge Moore in his Order [Federal Court Docket #36 dated 08/23/10 – See: Below listed link.] In her initial Complaint Jacksonspecifically states her case is one “for damages and injunctive relief arising out of personal injuriescaused and perpetuated by Defendants in violation of Ms. Jackson's right under Georgia law.” Nowhere in this initial Complaint does Jackson mention her rights were violated under Federal law as shedid in her EEOC Complaint and she does not bring “... any claim that she was discriminated against onthe basis of her race, color, religion, sex or national origin.” [For Initial Complaint entitled “OriginalLawsuit” See: Facebook Photo Library of “Who Is Lisa T. Jackson?”][NOTE: A person has the right to elect their remedy in that they can bring a lawsuit in State or FederalCourt. It depends how you set forth the law and allegations in your complaint. Normally, electingwhich Court to file in when you can do either/or is a legal strategy. Jackson had obviously already filedher EEOC Complaint which alleged that her claims arose out of Federal Law, but had neither requestednor received her Notice of Right to Sue. Given the time line above, we can begin to assume why shefiled in State Court versus Federal Court.]03/08/12As promised by Jackson? New York Times, Dining & Wine Section - “What We AreReading” - The Village Voice: Paula Deen is back in the deep fryer. A lawsuit by a former manager atUncle Bubba's Seafood and Oyster House, which Ms. Deen and her brother Bubba own, says the twoused racial slurs at the restaurant and banned black employees from using the front entrance and awhites-only restroom. Ms. Deen's lawyer denies that. – Patrick Ferrell”[See:http://dinersjournal.blog.nytimes.com/2012/03/08what-were-reading-388/ and http://blogs.villagevoice.com/forkintheroad/2012/03/paula_deen_is_i.php@more]04/12/12Notice of Appearance of Billips [Federal Court Docket #6, Exhibit 12] first filed in StateCourt proceedings. [Reviewed on PACER] Guess Jackson's first attorney needed a helping hand – outof the pan and into the fire, IMO.04/20/12In State Court Jackson filed her Amended Complaint [Federal Court Docket #6, Exhibit11] thirty-six days later. In the Amended Complaint Jackson was now stating that her claims arose “ ..under the Constitution and laws of the State of Georgia and the laws of the United States” and claimednegligent failure to prevent sexual and racial harassment, gross negligence and negligence per se,intentional infliction of emotional distress, assault, battery, hostile work environment and racialdiscrimination in violation of the Civil Rights Act of 1866 (Yes, you read that correctly – 1866),disparate treatment based on race in violation of the Civil Rights Act of 1866 (Um, yep there it isagain), ratification and breach of contract. [See: Court's Order at link provided below.]
[NOTE: It is my understanding that there is currently no consensus that the Civil Rights Act of 1866was meant to confer any legal benefits to white people.]05/17/12Deen & Company remove the case from State Court to Federal Court based on the factthat Jackson was now claiming Deen & Company had violated Federal laws as well. [Reviewed onPACER]05/24/2012Deen & Co. file their Answer [Federal Court Docket #12] and do put forth an argumentthat Jackson's sexual harassment claims should be dismissed because she failed to file an EEOC Chargeunder Title VII of the Civil Rights Act of 1964; that a Notice of Right to Sue had not been received;and that Jackson was barred from obtaining relief from employment actions that occurred more than180 days prior to the EEOC Charge that was filed. [Reviewed on PACER]06/13/12Jackson's files a Motion to Remand to State Court. [Federal Court Docket #21].Basically, this is a document wherein Jackson claims that her lawsuit should be heard in State Court,and NOT Federal Court. Deen & Company respond (basically) by pointing out that Jackson had usedlanguage and plead violations of law in her Amended Complaint that gave the Federal Court jurisdiction over the case. [Reviewed on PACER.]08/03/12Notice of Appearance of Billips for Federal Court. [Federal Court Docket #34].Interestingly, this document is dated July 3, 2012, but not recorded as having been filed until August 3,2012. [Reviewed on PACER]08/10/12Jackson is issued a Notice of Right to Sue by the EEOC. [See: Facebook Photo Libraryof “Who Is Lisa T. Jackson?”] Almost two years after filing with the EEOC and she suddenly feels theneed to request her Notice of Right to Sue?08/14/12Interestingly, Deen & Co. file a Litigant's Bill of Rights (Standard Court requirement?)that basically states they neither want a mediation conference to attempt to settle nor do they want a binding or non-binding arbitration meeting to resolve this matter. In other words – Paula Deen wantsher day in Court! This also reminds me of the lyrics to the same song by Pink Floyd but this time fromPaula's side, “Money. Well, get back! I'm all right jack[son] keep your hands off of my stack!”08/16/12Jackson's attorney receives the Notice of Right to Sue. [See: Facebook Photo Library of “Who Is Lisa T. Jackson?”]08/23/12Order by The Honorable William T. Moore, Jr. [Federal Court Docket #36 and See:Link below to Court's Order.] This where it get's very interesting, IMO.Judge Moore states that a defendant has 30 days to remove the initial complaint after service has beenaffected on all defendants. However, if an amended complaint is filed, the defendant then has 30 daysfrom that date to remove to Federal Court, which Deen & Co. did.Judge Moore found that Jackson's initial Complaint left the distinct impression that it was drafted tospecifically avoid Federal Court and that Jackson had gone out of her way to emphasize that her claimswere based only on Georgia law. Because of this finding, Deen & Co. were not obligated to removethe initial Complaint to Federal Court within thirty days.

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This is EXCELLENT; so well done! THANK YOU SO VERY MUCH! I am going to post this link on my own FB page.
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