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IN THE 22ND JUDICIAL CIRCUIT COURT OF CiTY OF ST LOUIS, MISSOURI

Judge or Division: PHILIP HEAGNEY Plaintiff/Petitioner: TRACEY MCCARTHY vs. Defendant/Respondent: WEBSTER UNIVERSITY Nature of Suit: CC ErnploymntDiscrmntn2l3.111

Case Number: 1322-CC0006I Plaintiff’s/Petitioner’s Attorney/Address PHiLIP HERMAN DENNIS JR
5340 DELMAR

SUITE 101 SAINT LOUIS, MO 63112 Court Address: CIVIL COURTS BUILDiNG 10 N TUCKER BLVD SAINT LOUIS, MO 63101

(Date File Stamp)

Summons in Civil Case
The State of Missouri to: WEBSTER UNIVERSITY Alias:
DR ELIZABETH STROBLE PRESIDENT 470 EAST LOCKWOOD SAINT LOUIS, MO 63119 COURT SEAL OF ST. LOUIS COUNTY

You are summoned to appear before this court and to file your pleading to the petition, a copy of which is attached, and to serve a copy of your pleading upon the attorney for Plaintiff/Petitioner at the above address all within 30 days after receiving this summons, exclusive of the day of service. If you fail to file your pleading, judgment by default may be taken against you for the relief demanded in the petition.
‘7KiJ.A.
p ::!1.’..//...._.

CITY OFSTLOUIS

Januaryl5,2013 Date
Further Information:

s__J

M. Jane Schweitzer Circuit Clerk

Sheriff’s or Server’s Return Note to serving officer: Summons should be returned to the court within thirty days after the date of issue. I certify that I have served the above summons by: (check one) delivering a copy of the summons and a copy of the petition to the DefendantJRespondent. leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the Defendant/Respondent with a person of the Defendant’s/Respondent’s family over the age of 15 years. (for service on a corporation) delivering a copy of the summons and a copy of the petition to

LI

—________________________________________

LI

(title).

i:i other’
Served at in
(County/City of St. Louis), MO, on (date) at Signature of Sheriff or Server (date). Notary Public

(address)
(time).

Printed Name of Sheriff or Server

(Seal)
Sheriff’s Fees, if applicable Summons Non Est Mileage
Total

Must be sworn before a notary public if not served by an authorized officer: Subscribed and sworn to before me on My commission expires:

Date

$______________

$_____________

$_______________

(miles

@ $.

per mile)

A copy of the summons and a copy of the petition must be served on each DefendantlRespondent. For methods of service on all classes of

suits, see Supreme Court Rule 54.

OSCA (7-99) SM3O (SMCC) For Court Use Only: Document Id # 13-SMCC-433

I of I

Civil Procedure Form No. I, Rules 54.01 54.05, 54.13, and 54.20; 506.120 506.140, and 506.150 RSMo
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IN THE CIRCUiT COURT OF SAINT LOUIS CITY MISSOURI STATE OF MISSOURI TRACEY MCCARTHY Petitioner, vs. WEBSTER UNIVERSITY,

) /:,2 ) ) ) ) )
CaseNo:

CC

/

Serve: Dr. Elizabeth Stroble, President) 470 East Lockwood ) MO. 63119 St. Louis, ) Respondent.

) )

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PETITION FOR UNLAWFUL DISCRIMINATION PRACTICES UNDER THE MISSOURI HUMAN IGHTS ACT- RETALIATION, ASSAULT. FALSE IMPRISONMENT. CONSPIRACY. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. AN]) NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS COMES NOW Petitioner, TRACEY MCCARTHY (“Dr. Tracey McCarthy” “Dr. McCarthy” “Petitioner”), by and through counsel, Attorney Philip H. Dennis, for her causes of action against Respondent, WEBSTER UNiVERSITY (“Webster” “Employer” “Respondent”), for violation of RSMo 213, Assault, False Imprisonment, Conspiracy, Intentional Infliction of Emotional Distress, and Negligent Infliction of Emotional Distress and states as follows:

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1. Petitioner, Dr. Tracey McCarthy, is an individual residing in St. Louis
County, State of Missouri and at all relevant times was employed full-

time with Webster University as a tenured Associate Professor. 2. Petitioner has been employed as faculty by Respondent since 1997. 3. Respondent, Webster University, is and was at all times herein mentioned a non-for profit corporation organized, existing, and doing business under and by virtue of the laws of the State ofMissouri and authorized to do general business and does business in St. Louis City and St. Louis County under the laws of the State of Missouri. 4. Betsy Schmutz was at all relevant times the Associate Vice President and Chief Human Resource Officer for Webster University.
5. Julian Schuster was at all relevant times the Provost and Senior Vice

President for Webster University. 6. Ralph Offiges was at all relevant times the faculty Grievance Coordinator for Webster University. 7. Karen Tokarz was at all relevant times holding herself out as an attorney and mediator. 8. Karen Tokarz was paid by Webster University to represent Webster University’s interests and positions.

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9. Karen Tokarz was paid by Webster University to represent Webster University’s interests and positions in a June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy. 10.On August 19, 2011, Petitioner ified a Petition of unlawfiul

discrimination and retaliation under the Missouri Human Rights Act
(MHRA), Title VII, and the Americans With Disabilities Act (ADA) in the Circuit Court of St Louis County Missouri. 11 .Based upon federal question jurisdiction, Respondent Webster University removed the action from the Circuit Court of St. Louis County Missouri to the United States District Court for the Eastern District of Missouri. 12.Respondent and Petitioner scheduled a daylong, court-ordered, alternative dispute resolution (ADR) mediation meeting for June 1, 2012. 13.The June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy turned out to not be an ADR mediation meeting. 14.The June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy did not conform to the definition and standards of mediation. 15.Karen Tokarz participated in the June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy.

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1 6.Karen Tokarz participated in the June 1,2012 meeting between Webster

University and Dr. Tracey McCarthy as an agent of Webster University.
17.On June 1, 2012, Karen Tokarz possessed agent authority with respect to Webster University. 18.On June 1, 2012, Karen Tokarz misrepresented her meeting role to Dr. Tracey McCarthy as one of a third party neutral. 19.Attorney Donnell Smith participated in the June 1,2012 meeting between Webster University and Dr. Tracey McCarthy. 20.Attomey Travis Kearbey participated in the June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy. 21 .Attorney Dennis Donnelly participated in the June 1,2012 meeting between Webster University and Dr. Tracey McCarthy. 22.Betsy Schmutz, Vice President for Human Resources of Webster University, participated in the June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy. 23.Karen Freeman, Webster University retiree, witnessed events of the June 1,2012 meeting between Webster University and Dr. Tracey McCarthy. 24.Dr. Tracey McCarthy filed a grievance regarding the June 1, 2012 meeting retaliation with Webster University.
25.Dr. McCarthy ified a charge of unlawful discrimination and retaliation in

violation of Title VII and in violation of RSMo 213 with the Equal
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Employment Opportunity Commission (EEOC) (charge number 5602012-0 1735) and the Missouri Human Rights Commission (M}IRC) (charge number FE 8/12-18007), respectively, in June 2012. 26.Petitioner is African American. 27.Petitioner is female. 28.On or about September 7, 2012 the Equal Employment Opportunity Commission (EEOC) issued to Petitioner a “Notice of a Right to Sue,” pursuant to Title VII on the charge of unlawful race discrimination and retaliation in agency charge number 560-2012-0 1735 and on or about October 12,2012, the Missouri Human Rights Commission (M1{RC) issued its “Notice of a Right to Sue” on the same charge (number FE 8/12-18007). 29.Dr. McCarthy has exhausted all of her administrative remedies with respect to the charge of unlawful discrimination based upon race and retaliation against employer Webster University. 30. The retaliation by Respondent, Webster University, occurred in St. Louis City, State of Missouri. 31 .Petitioner has brought this action within 90 days of the issuance of

Missouri Human Rights Commission (MRHC) Notice of Right to Sue.

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COUNT I ASSAULT
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32.Petitioner incorporates, by reference, allegations lthrough 31 into this Count. 33.On June 1, 2012, Webster University, by and through Respondent’s

agent Karen Tokarz, purposely and knowingly engaged in repeated
physically threatening conduct that placed Dr. Tracey McCarthy in apprehension of physical harm. 34.Petitioner has suffered emotional distress as a result of Respondent’s
actions.

35.Petitioner seeks punitive damages, as the actions of Respondent were intentional, wanton, and unconscionable. 36.Petitioner has incurred and will continue to incur attorney fees as a result of Respondent’s unlawful conduct.

WHEREFORE, Petitioner prays that the Court find that unlawful Assault occurred and award fair and just damages and other and additional relief as the
Court may deem proper, including attorney fees and costs. COUNT H
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FALSE IMPRISONMENT

37.Petitioner incorporates, by reference, allegations lthrough 31 into this Count. 38.On June 1, 2012, Webster University, by and through Respondent’s agent Karen Tokarz, purposely restrained Dr. Tracey McCarthy without 6

Dr. McCarthy’s consent, interfering substantially with Dr. McCarthy’s

liberty.
39.On June 1, 2012, Webster University, by and through Respondent’s agent Karen Tokarz, knowingly restrained Dr. Tracey McCarthy without Dr. McCarthy’s consent, interfering substantially with Dr. McCarthy’s

liberty.
40.On June 1, 2012, Webster University agent Karen Tokarz purposely and knowingly physically restrained Dr. Tracey McCarthy from leaving a

meeting room possessed by Respondent’s counsel at 211 N. Broadway
in St. Louis, Missouri. 41. On June 1, 2012, Webster University agent Karen Tokarz purposely and knowingly screamed threats at Dr. Tracey McCarthy, while in close physical proximity to Dr. McCarthy. 42.On June 1, 2012, Webster University agent Karen Tokarz repeatedly screamed threats at Dr. McCarthy.

43.On June 1, 2012, Webster University, by and through Respondent’s
agent Karen Tokarz, restrained Dr. McCarthy from leaving a meeting room at 211 N. Broadway and threatened that although Dr. McCarthy

was ill, Dr. McCarthy would not be allowed to leave the room or the building unless Dr. McCarthy was “throwing up all over the floor.”

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44.Karen Tokarz purposely and knowingly threatened that if Dr. McCarthy attempted to leave the meeting or the building, Karen Tokarz would use her authority to have Dr. McCarthy sanctioned by a federal court judge. 45.Petitioner has suffered emotional distress as a result of Respondent’s

actions.
46.Petitioner seeks punitive damages, as the actions of Respondent were intentional, wanton, and unconscionable. 47.Petitioner has incurred and will continue to incur attorney fees as a result of Respondent’s unlawful conduct. WHEREFORE, Petitioner prays that the Court find that unlawful False Imprisonment occurred and award fair and just damages and other and

additional relief as the Court may deem proper, including attorney fees and costs.
COUNT ifi RETALIATION in Violation of RSMo Chapter 213
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48. Petitioner incorporates, by reference, allegations lthrough 31 into this Count. 49.Between 2009 and 2011, Dr. Tracey McCarthy ified charges of unlawful discrimination and retaliation with the Missouri Human Rights Commission (M[IRC) and the Equal Employment Opportunity Commission (EEOC) against her employer, Webster University, after

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making internal complaints regarding unlawful discrimination between 2005 and 2009. 50.In August 2011, Petitioner ified a lawsuit against her employer, Webster University, for unlawful discrimination and retaliation in the Circuit Court of St. Louis County Missouri. 51 .In September 2011, Respondent removed the action to the United States District Court ofthe Eastern District of Missouri. 52.On June 1, 2012, Dr. Tracey McCarthy participated in a daylong meeting with her employer Webster University.
53.Dr. Tracey McCarthy was initially deceived by her employer and Karen

Tokarz into believing the meeting would be an alternative dispute resolution meeting, labeled a “mediation” meeting. 54.The June 1, 2012 meeting between Webster University and Dr. Tracey McCarthy failed to meet the definition of a mediation. 55.During the daylong meeting of June 1, 2012, Dr. Tracey McCarthy was subjected to repeated threats by Webster University, demanding that she involuntarily resign from her tenured faculty position with Webster University. 56.During the daylong meeting of June 1, 2012, Dr. McCarthy was subjected to threats by Webster University of employment termination for filing a lawsuit regarding illegal discrimination and retaliation. 9

57.During the daylong meeting of June 1, 2012, Dr. McCarthy was
subjected to repeated coercion, extortion, assault, false imprisonment,

and emotional distress by Webster University.
58.During the daylong meeting of June 1, 2012, Dr. McCarthy was subjected to repeated threats by Webster University of punishment from the Court for attempting to leave the meeting. 59.During the daylong meeting of June 1, 2012, Dr. McCarthy was subjected to repeated coercion and extortion by Webster University to force Dr. McCarthy to dismiss Dr. McCarthy’s lawsuit against Webster University. 60. Webster University denies the charges of retaliation. 61. Webster University alternately asserts the retaliation, which included

assault, false imprisonment, conspiracy, and the infliction of emotional
distress was protected by rules of confidentiality. 62. Webster University’s unlawful June 1, 2012 retaliatory actions were calculated to preclude Petitioner from complaining of unlawful discrimination or retaliation in the future. 63 .Respondent’ s June 1, 2012 retaliation was calculated to prevent other employees of Webster University from complaining of unlawful discrimination and retaliation in the future.

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64.Petitioner has suffered emotional distress as a result of Respondent’s actions. 65.Petitioner seeks punitive damages, as the actions of Respondent were intentional, wanton, and unconscionable. 66.Petitioner has incurred and will continue to incur attorney fees as a result of Respondent’s unlawful conduct. WHEREFORE, Petitioner prays that the Court find that unlawful Retaliation occurred and award damages for pain and suffering, and mental anguish all in excess of $2,000.000.OO. Petitioner also prays for injunctive relief regarding any employment related threats of unlawful termination made by Respondent. Further, Petitioner asks for such other and additional relief as the Court may deem proper and just, including attorney fees and costs.
COUNT IV
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CONSPIRACY in Violation of RSMo Chapter 213

67.Petitioner incorporates, by reference, allegations lthrough 31 into this Count.

68.Respondent, Webster University, in knowing and intentional cooperation and agreement with Karen Tokarz promoted and facilitated unlawful
retaliation against Dr. Tracey McCarthy in the June 1, 2012 meeting.

69.Petitioner has suffered emotional distress as a result of Respondent’s actions.

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70.Petitioner seeks punitive damages, as the actions of Respondent were intentional, wanton, and unconscionable. 71 .Petitioner has incurred and will continue to incur attorney fees as a result of Respondent’s unlawful conduct. WHEREFORE, Petitioner prays that the Court find that unlawful Conspiracy occurred and award fair and just damages and other and additional relief as the Court may deem proper, including attorney fees and costs. COUNT V
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

72.Petitioner incorporates, by reference, allegations lthrough 31 into this Count. 73.Webster University’s June 1, 2012 actions against Dr. Tracey McCarthy of assault, false imprisonment, coercion, extortion, and retaliatory threats of employment termination for complaining of illegal discrimination and retaliation were malicious, wanton, intentional, premeditated, and reckless. 74. Webster University’s June 1, 2012 actions against Dr. Tracey McCarthy

were extreme and outrageous.
75.Webster University’s June 1, 2012 actions caused Dr. McCarthy severe emotional distress.

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76.The emotional distress caused by Respondent resulted in physical harm,

was medically diagnosable, medically significant, and required medical
intervention. 77.Petitioner has suffered emotional distress as a result of Respondent’s

actions.
78.Petitioner seeks punitive damages, as the actions of Respondent were intentional, wanton, and unconscionable. 79.Petitioner has incurred and will continue to incur attorney fees as a result of Respondent’s unlawful conduct. WHEREFORE, Petitioner prays that the Court find that Intentional Infliction of Emotional Distress occurred and award fair and just damages and other and additional relief as the Court may deem proper, including attorney

fees and costs.
COUNT V
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NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

80. Petitioner incorporates, by reference, allegations ltbrough 31 into this Count. 81.Webster University, as employer, owed a duty of care to Dr. Tracey McCarthy during the June 1, 2012 meeting. 82. Webster University violated its duty of care to Dr. Tracey McCarthy

during the June 1, 2012 meeting.

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83.Webster University’s June 1, 2012 actions against Dr. Tracey McCarthy of Assault, False Imprisonment, Coercion, Extortion, and retaliatory threats of employment termination for complaining of illegal discrimination and retaliation were reckless and negligent. 84.Webster University’s June 1,2012 violation of the duty of care to Dr. Tracey McCarthy was extreme and outrageous. 85.Webster University’s June 1, 2012 negligent actions caused Dr. McCarthy severe emotional distress. 86.The emotional distress caused by Respondent resulted in physical harm, was medically diagnosable, medically significant, and required medical intervention. 87. Petitioner has suffered emotional distress as a result of Respondent’s actions. 88.Petitioner has incurred and will continue to incur attorney fees as a result of Respondent’s unlawful conduct. WHEREFORE, Petitioner prays that the Court find that Negligent Infliction of Emotional Distress occurred and award fair and just damages and other and additional relief as the Court may deem proper, including attorney fees and costs.

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(Z
CERTIFICATE OF SERVICE

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Philip H. Dennis, MO #51557 5340 Delmar Suite #101 St. Louis, Missouri 63112 Phone: 314-371-7300 Attorney for Petitioner

1, hereby, certify that a copy of the foregoing was served on Respondent

Webster University, by and through Dr. Elizabeth Stroble, this day of January 2013.

th

Phu1i1[Dennis, MO # 51557

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