Hugh Hardage v. Cbs Broadcasting Inc.

436 F.3d 1050 Hugh HARDAGE, Plaintiff-Appellant, v. CBS BROADCASTING INC., a New York Corporation; Viacom Television Stations Inc., a Delaware Corporation; Viacom Broadcasting of Seattle Inc., a Delaware Corporation; Kathy Sparks, an individual, Defendants-Appellees. No. 03-35906. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 2005. Filed November 1, 2005. Amended January 6, 2006. Second Amendment February 8, 2006. Claudia Kilbreath, Short Cressman & Burgess PLLC, Seattle, Washington, for the plaintiff-appellant. Harry J. F. Korrell and Kathryn S. Loppnow, Davis Wright Tremaine LLP, Seattle, Washington, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington John C. Coughenour, Chief Judge, Presiding. D.C. No. CV-02-01303-JCC. Before WALLACE, SILVERMAN, and PAEZ, Circuit Judges. ORDER 1 The panel opinion filed January 6, 2006, is amended as follows: 2 Add as a new paragraph after footnote 1 (slip op. 82): 3 There may be circumstances where an employer's "remedial obligation kicks in," Fuller, 47 F.3d at 1528, regardless of the employee's stated wishes. In other words, the mere fact that the…