Fujita

Fujita v. Sumitomo Bank

Good Law
16 Fair Empl. Prac. Cas. (BNA) 1168·70 F.R.D. 406·1975 U.S. Dist. LEXIS 14914
United States District Court, Northern District of CaliforniaDecember 9, 1975No. C 73-2311 WTSCalifornia2,161 words

Opinion

lead Opinion

Sweigert, J.

MEMORANDUM OF DECISION

This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1974 (42 U.S.C. § 2000e et seq.) and 42 U.S.C. § 1983 by plaintiffs Mary and Margaret Simonton and Serena Fujita, 1 former female employees of defendant Sumitomo Bank of California (hereinafter, Sumitomo), against Sumitomo and four individual officer and manager employees of Sumitomo, 2 alleging discrimination on the basis of sex. Plaintiffs bring this action on behalf of themselves and all other women similarly situated, seeking declaratory and injunctive relief as well as punitive and compensatory damages.

The case is now before the court on plaintiffs’ motions for class certification pursuant to Rule 23, Fed.R.Civ.P., and for bifurcation of trial proceedings.

THE RECORD

The record before the court relating to the pending motion consists of the unverified amended complaint (filed 1/8/74) and certain evidentiary matter outside the pleadings as follows:

Plaintiffs’ Affidavit of Lam (attached to Doc. No. 46); Affidavits of Fong (Doc. No.’s 49 & 51); Affidavits of Fuji-ta, Lam, Hicks, Kawamoto, Kilner, Gus-tin, Shinoda & Bodhiprasart, with attached Exhibits A…

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