Case 1:21-cv-01717-UNA Document 1-1 Filed 12/06/21 Page 1 of 21 PageID #: 6
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`Exhibit A
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`Exhibit A
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`Case 1:21-cv-01717-UNA Document 1-1 Filed 12/06/21 Page 2 of 21 PageID #: 7
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`Notice of Service of Process
`
`null / ALL
`Transmittal Number: 24070210
`Date Processed: 11/16/2021
`
`Primary Contact:
`
`Walgreens Distribution
`Corporation Service Company- Wilmington, DELAWARE
`251 Little Falls Dr
`Wilmington, DE 19808-1674
`
`Entity:
`
`Entity Served:
`
`Title of Action:
`
`Matter Name/ID:
`
`Document(s) Type:
`
`Nature of Action:
`
`Court/Agency:
`
`Case/Reference No:
`
`Jurisdiction Served:
`
`Date Served on CSC:
`
`Answer or Appearance Due:
`
`Originally Served On:
`
`How Served:
`
`Sender Information:
`
`Walgreen Co.
`Entity ID Number 0501431
`Walgreens Co
`Matthew King vs. Walgreens Co.
`Matthew King vs. Walgreens Co. (11740000)
`Summons/Complaint
`Discrimination
`New Castle County Superior Court, DE
`K21C-10-027 RLG
`Delaware
`11/15/2021
`20 Days
`CSC
`Personal Service
`Jacobs & Crumplar, P.A.
`302-934-1234
`
`Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not
`constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.
`
`To avoid potential delay, please do not send your response to CSC
`251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com
`
`
`
`EFilecl: Oct 29 2021 03:02P
`Transaction ID 67055924
`Case No. K21 C-10-027 64LG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`MATTHEW KING,
`
`Plaintiff,
`
`V.
`
`WALGREENS—C—Q., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`: C.A. No. K21 C-10- 6 v-,2 7
`:
`:
`
`JURY TRIAL DEMANDED
`
`. m .
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`THE STATE OF DELAWARE,
`TO THE SHERIFF OF NEW CASTLE COUNTY:
`YOU ARE COMMANDED:
`To suinmon the above named defendant so that, within 20 days of service hereof upon
`defendant, exclusive of the day of service, defendants shall serve upon plaintiff's attorney, whose
`address is 750 Shipyard Drive, Suite 200, Wilmington, DE 19801, an answer to the complaint
`
`SUMMON§~
`
`(and, if an affidavit of demand has been filed, an affidavit of defense).
`To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand
`
`if any has been filed by plaintiff).
`
`Dated: ~
`
`cc,uRr aF
`
`~~ ~- 4 ." _4 ~
`r--
`ra CR< r~ f' ~1
`u~
`tte As~xley . .
`Prothor~ta ~
`",..,
`
`TO THE ABOVE NAMED DEFENDANT:
`In case of your failure, within 20 days after service of hereof upon you, exclusive of the day
`
`of service, to serve on plaintiff's attorney named above, an answer to the complaint (and, if an
`affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered
`affidavrts.~o~f~d~mand, if any).
`against you for the relief demanded in the complaint (or in the
`
`Dated: ~l ~.~
`
`~
`~`~i~~~ ~
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`~,.~,,. I
`,~r~~ ~~-^~x
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`Prethcsno~ ~Rnn'ett ~e~Ashlev
`
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`
`
`
`
`
`I
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`COUNTY:
`
`N
`
`K
`
`S
`
`Caption:
`
`MATTHEW KING,
`
`I Plaintiff,
`
`SUPERIOR COURT EFiled: Oct 29 2021 03:02P
`CIVIL CASE INFORMATION STATE~`~A'9AMn ID 67055924
`CIVIL ACTION N19TROP0~-IKM40, 0-027 RLG
`
`,
`
`a •
`
`s
`
`
`
`
```~Y~~''~~ ~•.
`
`
`
`Civil Case Code:
`
`CMIS
`
`Civil Case Type:
`
`Civil Miscellaneous
`(SEE REVERSE SIDE FOR CODE AND TYPE)
`
`MANDATORY NON-BINDING ARBITRATION (MNA) _NO
`
`I WALGREENS CO., and WALGREENS EASTERN CO.,
`
`Name and Status of ParLy filing document:
`
`I Defendants.
`
`MATTHEW KING, PLAINTIFF
`
`Document Type:(E.G.; COMPLAINT; ANSWER WIrH COUNTERCLAIM)
`
`COMPLAINT
`
`JURY DEMAND: YES XX
`
`NO
`
`IDENTIFY ANY RELATED CASES NOW PENDING IN THE SUPERIOR COURT OR
`ANY RELATED CASES THAT HAVE BEEN CLOSED IN THIS COURT WITHIN THE
`LASTTWO YEARS BY CAPTION AND CIVIL ACTION NUMBER INCLUDING
`JUDGE'S INITIALS:
`
`EXPLAIN THE RELATIONSHIP(S):
`
`OTHER UNUSUAL ISSUES THAT AFFECT CASE MANAGEMENT:
`
`(IF ADD1lZONAL SPACE IS NEEDED, PLEASE ATTACH PAGE)
`
`ATTORNEY NAME(S):
`
`I PATRICK C. GALLAGHER
`ALEXIS N. STOMBAUGH
`
`ATTORNEY ID(S):
`
`#5170
`#6702
`
`FIRM NAME:
`
`JACOBS & CRUMPLAR, P.A.
`
`ADDRESS:
`
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`
`TELEPHONE NUMBER:
`
`(302) 656-5445
`
`FAX NUMBER:
`
`(302) 656-5875
`
`E-MAIL ADDRESS:
`pat@jcdelaw.com
`alexis@jcdelaw.com
`
`THE PROTHONOTARY WILL NOT PROCESS THE COMPLAINT, ANSWER, OR FIRST RESPONSIVE PLEADING IN THIS MATTER FOR SERVICE
`UNTIL THE CASE INFORMATION STATEMENT (CIS) IS FILED. THE FAILURE TO FILE THE CIS AND HAVE THE PLEADING PROCESSED FOR
`SERVICE MAY RESULT IN THE DISMISSAL OF THE COMPLAINT OR MAY RESULT IN THE ANSWER OR FIRST RESPONSIVE PLEADING BEING
`STRICKEN.
`
`
`
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`
`EFiled: Oct 29 2021 03:02P
`Transaction ID 67055924
`Case No. K21 C-10-027 FtLG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`MATTHEW KING,
`
`Plaintiff,
`
`v.
`
`WALGREENS CO., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`C.A. No. K21 C-10-
`
`: JURY TRIAL DEMANDED
`
`COMPLAINT
`
`The Parties
`
`l.
`
`2.
`
`Plaintiff Matthew King ("Mr. King") is a resident of Sussex County, Delaware.
`
`Defendant Walgreens Co. is a foreign corporation whose registered agent is the
`
`Corporation Service Company located at 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`Plaintiff demands that the Defendant deny the allegations contained in this paragraph by Affidavit
`
`in accordance with the provisions of 10 Del. C. §3914 and §3915.
`
`3.
`
`Defendant Walgreens Eastern Co. is a foreign corporation whose registered agent
`
`is the Corporation Service Company located at 251 Little Falls Drive, Wilmington, Delaware
`
`19808. Plaintiff demands that the Defendant deny the allegations contained in this paragraph by
`
`Affidavit in accordance with the provisions of 10 Del. C. §3914 and §3915.
`
`4.
`
`Walgreens Co. and Walgreens Eastern Co. (collectively "Walgreens") operate
`
`Walgreens — Store #11073 located at 120 Broadkill Road, Milton, Delaware 19968. Walgreens
`
`operates stores through Delaware and has more than 15 employees.
`
`Mr. King's Status as a Medical Marijuana Cardholder
`
`5.
`
`Mr. King suffers from several medical problems. He suffers from post-traumatic
`
`stress disorder, stomach issues, adverse reactions to medications, and general pain. Mr. King
`
`1
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`
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`applied for and received a medical marijuana card through the State of Delaware in or around
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`November of 2019.
`
`6.
`
`At all times relevant, Mr. King had a lawfully issued medical marijuana card that
`
`does not expire until November 15, 2021.
`
`King is Interviewed by Walgreens
`
`7.
`
`On or about November 1, 2019, Mr. King applied to Walgreens for a basic counter
`
`job. Shortly thereafter, Mr. King was interviewed for the position. At the time of Mr. King's
`
`interview with Walgreens, he was approved for a medical marijuana card but had not yet received
`
`his physical card.
`
`8.
`
`On or about November 18, 2019, Mr. King received an offer letter for the position.
`
`The position was part time and offered $10.00 an hour.
`
`9.
`
`Sometime after Mr. King received the offer letter, he was told he had to submit to
`
`a drug screening for the position. Mr. King received the drug screen within 72 hours of the offer
`
`letter. At some point after the drug screen, the testing administrator contacted Mr. King and
`
`requested he send over his medical marijuana card. The testing administrator told Mr. King his
`
`results would not include marijuana as long as he had paperwork for it. Mr. King faxed over the
`
`paperwork to the testing administrator.
`
`10.
`
`Roughly two weeks after the testing administrator had requested the above
`
`paperwork, Mr. King contacted Walgreens about the position. Mr. King was told Walgreens was
`
`still waiting to hear from the testing administrator.
`
`11.
`
`Shortly thereafter, Mr. King received an email from Walgreens stating they could
`
`no longer move forward with hiring him.
`
`2
`
`
`
`12.
`
`As a result of Walgreens rescinding its job offer, King lost income, suffered
`
`financial problems, suffered emotional distress, and experienced disruption to life.
`
`COUNT I— WALGREENS VIOLATION OF 16 DELAWARE CODE SECTION 4905A
`
`13.
`
`Plaintiff reincorporates all other allegations in the Complaint as if they are stated in
`
`this Count.
`
`14.
`
`The State of Delaware enacted the Delaware Medical Marijuana Act ("MMA")
`
`when it was passed by the General Assembly and signed into law by the Governor in 2011. The
`
`MMA is codified in Chapter 49A of Title 16 of the Delaware Code. The MMA was in effect at
`
`all relevant times for purposes of this litigation.
`
`15. Mr. King is a"cardholder" as that term is used in the MMA.
`
`16.
`
`Section 4905A of Title 16 of the Delaware Code prohibits, among other things, an
`
`employer from discriminating against someone by failing to hire him or terminating someone
`
`based upon his status as a"cardholder" or because a cardholder fails a drug test for marijuana
`
`components or metabolites.
`
`17. Walgreens refused to hire Mr. King because of his failed drug screen.
`
`18.
`
`As a result of the discrimination based upon Mr. King's status as a cardholder
`
`and/or for testing positive for marijuana, he sustained the damages identified in paragraph 11.
`
`19.
`
`The Delaware Department of Labor's Office of Anti-Discrimination, in another
`
`case, has taken the position that it does not have administrative jurisdiction over claims asserted
`
`under 16 Delaware Code Section 4905A. Thus, any effort to exhaust administrative remedies
`
`would be futile.
`
`3
`
`
`
`WHEREFORE, Plaintiff Matthew King respectfully requests this Court:
`
`A.
`
`Enter judgment in his favor jointly and severally against Defendants Walgreens Co.
`
`and Walgreens Eastern Co.;
`
`B.
`
`Award him special damages, including back pay and front pay, as he can prove as
`
`well as compensatory damages;
`
`C.
`
`D.
`
`E.
`
`Award him costs and attorney's fees;
`
`Award him pre- and post judgment interest; and
`
`Grant such other relief as the Court deems proper.
`
`JACOBS & CRUMPLAR, P.A.
`
`/s/Patrick C. Gallagher
`Patrick C. Gallagher, Esquire (#5170)
`Alexis N. Stombaugh, Esquire (#6702)
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`(t) 302.656.5445
`(f) 302.656.5875
`Attorneys for Plaintiff
`
`Date:
`
` October 29, 2021
`
`4
`
`
`
`!
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`Q
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`'
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`• =~st";~; '..
`,
`'
`
`EFiled: Oct 29 2021 03:02P
`Transaction ID 67055924
`Case IVo. K21 C-10-027 RLG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`MATTHEW KING,
`
`Plaintiff,
`
`v.
`
`WALGREENS CO., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`: C.A. No. K21C-10- Uo~
`
`: JURY TRIAL DEMANDED
`
`
`
`THE STATE OF DELAWARE,
`TO THE SHERIFF OF NEW CASTLE COUNTY:
`YOU ARE COMMANDED:
`
`SUMMONS
`
`To summon the above named defendant so that, within 20 days of service hereof upon
`
`defendant, exclusive of the day of service, defendants shall serve upon plaintiff's attorney, whose
`
`address is 750 Shipyard Drive, Suite 200, Wilmington, DE 19801, an answer to the complaint
`
`(and, if an affidavit of demand has been filed, an affidavit of defense).
`
`To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand
`
`if any has been filed by plaintiff).
`
`Dated:
`
`Prothonotary Annette Ashley
`
`Per Deputy
`
`TO THE ABOVE NAMED DEFENDANT:
`
`In case of your failure, within 20 days after service of hereof upon you, exclusive of the day
`
`of service, to serve on plaintiff's attorney named above, an answer to the complaint (and, if an
`affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered
`against you for the relief demanded in the complaint (or in the affidavit of demand, if any).
`
`Dated:
`
`Prothonotary Annette Ashley
`
`Per Deputy
`
`
`
`
`
`EFiled: Oct 29 2021 03:02P
`Transaction ID 67055924
`Case No. K21 C-10-027 RLG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`
`
`, o •
`
`=~~'
`• ~t
`~
`• -~~
`
`'
`
`,
`
`MATTHEW KING,
`
`Plaintiff,
`
`0
`
`C.A. No. K21 C-10-
`
`: JURY TRIAL DEMANDED
`
`WALGREENS CO., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`pl? AV !''rPTi
`
`TO: Annette Ashley, Office of the Prothonotary
`Kent County Courthouse
`414 Federal Street
`Dover, DE 19901
`
`Please have the Sheriff of New Castle County serve a copy of the Summons, Civil Case
`
`Information Statement, and Complaint, upon the following Defendants' Registered Agents at the
`
`following addresses:
`
`Walgreens Co.
`Corporation Service Company
`251 Little Falls Drive
`Wilmington, DE 19808
`
`DATE: October 29, 2021
`
`Walgreens Eastern Co.
`Corporation Service Company
`251 Little Falls Drive
`Wilmington, DE 19808
`
`JACOBS & CRUMPLAR, P.A.
`
`/s/ Patrick C. Gallaaher
`Patrick C. Gallagher, Esq. (DE 5170)
`Alexis N. Stombaugh, Esq. (DE 6702)
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`(t) (302) 934-1234
`(f) (302) 934-5143
`Attorneys for Plaintiff
`
`
`
`Case 1:21-cv-01717-UNA Document 1-1 Filed 12/06/21 Page 11 of 21 PageID #: 16
`
`Sheriff's Office
` State of Delaware
`New Castle County
`800 N. French Street, 5th Floor
`Scott T. Phillips
`Wilmington, Delaware 19801
`Sheriff
`302-395-8450, Fax: 302-395-8460
`
`
`Court Case # K21C-10-027 RLG
`Sheriff # 21-007046
`
`Summons and Complaint
`
`11/16/2021
`
`MATTHEW KING
`vs
`WALGREENS CO AND WALGREENS EASTERN CO
`
`Entity - WALGREENS CO
`
`On 11/15/2021 at 11:05 AM a copy of the within writ together with a copy of the Summons and
`Complaint were served upon Litigation Management Representative, a representative for the
`registered agent CORPORATION SERVICE COMPANY 251 LITTLE FALLS DRIVE
`WILMINGTON, DE 19808 .
`
`Fees Paid: $30.00
`
`Per: Deputy Sheriff, Jeffrey Maddocks
`
`SO ANS;
`
` SHERIFF
`
`PER Michelle Dunham
`
`EFiled: Nov 16 2021 08:49AM EST
`Transaction ID 67097549
`Case No. K21C-10-027 RLG
`
`
`
`Case 1:21-cv-01717-UNA Document 1-1 Filed 12/06/21 Page 12 of 21 PageID #: 17
`
`Notice of Service of Process
`
`null / ALL
`Transmittal Number: 24070217
`Date Processed: 11/16/2021
`
`Primary Contact:
`
`Walgreens Distribution
`Corporation Service Company- Wilmington, DELAWARE
`251 Little Falls Dr
`Wilmington, DE 19808-1674
`
`Entity:
`
`Entity Served:
`
`Title of Action:
`
`Matter Name/ID:
`
`Document(s) Type:
`
`Nature of Action:
`
`Court/Agency:
`
`Case/Reference No:
`
`Jurisdiction Served:
`
`Date Served on CSC:
`
`Answer or Appearance Due:
`
`Originally Served On:
`
`How Served:
`
`Sender Information:
`
`Walgreen Eastern Co., Inc.
`Entity ID Number 0501467
`Walgreens Eastern Co.
`Matthew King vs. Walgreens Co.
`Matthew King vs. Walgreens Co. (11740000)
`Summons/Complaint
`Discrimination
`New Castle County Superior Court, DE
`K21C-10-027 RLG
`Delaware
`11/15/2021
`20 Days
`CSC
`Personal Service
`Jacobs & Crumplar, P.A.
`302-656-5445
`
`Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not
`constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.
`
`To avoid potential delay, please do not send your response to CSC
`251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com
`
`
`
`
`
`EFiled: Oct 29 2021 03:02P ~ T~ ,, `•
`Transaction ID 67055924
`
`Case No. K21 C-10-027 RLG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`
`
`. ,
`
`MATTHEW KING,
`
`Plaintiff,
`
`V.
`
`: C.A. No. K21 C-10-
`
`: JURY TRIAL DEMANDED
`
`P~a.J
`
`WALGREENS CO., and WALGREENji.
`EASTERN CO., _
`
`Defendants.
`
`THE STATE OF DELAWARE,
`TO THE SHERIFF OF NEW CASTLE COUNTY:
`YOU ARE COMMANDED:
`
`SUMMONS
`
`To summon the above named defendant so that, within 20 days of service hereof upon
`defendant, exclusive of the day of service, defendants shall serve upon plaintiff's attorney, whose
`
`address is 750 Shipyard Drive, Suite 200, Wilmington, DE 19801, an answer to the complaint
`(and, if an affidavit of demand has been filed, an affidavit of defense).
`
`To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand
`if any has been filed by plaintiff).
`
`Dated:
`
`'5'
`
`TO THE ABOVE NAMED DEFENDANT:
`
`In case of your failure, within 20 days after service of hereof upon you, exclusive of the day
`of service, to serve on plaintiff's attorney named above, an answer to the complaint (and, if an
`affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered
`against you for the relief demanded in the complaint (or in the affidotYtflof`d'e72}and, if any).
`
`
`Dated:
`
`Deputy
`
`
`
`COUNTY: N K S
`
`Caption:
`
`MATTHEW KING,
`
`Plaintiff,
`
`V.
`
`SUPERIOR COURT EFiled: Oct 29 2021 03:02P
`CIVIL CASE INFORMATION STATE~WAUMn ID 67055924
`CIVIL ACTION N~~N0 .~~19010-027
`—
`
`a•
`i
`T~ ..~ •
` >
`
`
`Civil Case Code:
`
`CMIS
`
`Civil Case Type:
`
`Civil Miscellaneous
`(SEE REVERSE SIDE FOR CODE AND TYPE)
`
`MANDATORY NON-BINDING ARBIfRATION (MNA) _NO.
`
`WALGREENS CO., and WALGREENS EASTERN CO.,
`
`Name and Status of Party filing document:
`
`Defendants.
`
`MATTHEW KING, PLAINTIFF
`
`Document Type:(E.G.; COMPLAINT; ANSWER WITH COUNTERCLAIM)
`
`COMPLAINT
`
`7URY DEMAND: YES XX
`
`NO
`
`IDENTIFY ANY RELATED CASES NOW PENDING IN THE SUPERIOR COURT OR
`ANY RELATED CASES THAT HAVE BEEN CLOSED IN THIS COURT WITHIN THE
`LAST TWO YEARS BY CAPTION AND CIVIL ACTION NUMBER INCLUDING
`JUDGE'S INITIALS:
`
`EXPLAIN THE RELATIONSHIP(S):
`
`OTHER UNUSUAL ISSUES THAT AFFECT CASE MANAGEMENT:
`
`(IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH PAGE)
`
`ATTORNEY NAME(S):
`
`PATRICK C. GALLAGHER
`ALEXIS N. STOMBAUGH
`
`ATTORNEY ID(S):
`
`#5170
`#6702
`
`FIRM NAME:
`
`7ACOBS & CRUMPLAR, P.A.
`
`ADDRESS:
`
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`
`TELEPHONE NUMBER:
`
`(302)656-5445
`
`FAX NUMBER:
`
`(302)656-5875
`
`E-MAIL ADDRESS:
`pat@jcdelaw.com
`alexis(a)icdelaw.com
`
`THE PROTHONOTARY WILL NOT PROCESS THE COMPLAINT, ANSWER, OR FIRST RESPONSIVE PLEADING IN THIS MATTER FOR SERVICE
`UNTIL THE CASE INFORMATION STATEMENT (CIS) IS FILED. THE FAILURE TO FILE THE CIS AND HAVE THE PLEADING PROCESSED FOR
`SERVICE MAY RESULT IN THE DISMISSAL OF THE COMPLAINT OR MAY RESULT IN THE ANSWER OR FIRST RESPONSIVE PLEADING BEING
`STRICKEN.
`
`
`
`
`
`
`
`
`
`EFiled: ®ct 29 2021 03:02P
`Transaction ID 67055924
`Case IVo. K21 C-10-027 RLG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`o
`T~
`
`~_
`,
`
`,
`
`
`
`
`
`o . 3[ .
`
`MATTHEW K1NG,
`
`Plaintiff,
`
`v.
`
`WALGREENS CO., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`C.A. No. K21C-10-
`
`JURY TRIAL DEMANDED
`
`COMPLAINT
`
`The Parties
`
`1.
`
`2.
`
`Plaintiff Matthew King ("Mr. King") is a resident of Sussex County, Delaware.
`
`Defendant Walgreens Co. is a foreign corporation whose registered agent is the
`
`Corporation Service Company located at 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`Plaintiff demands that the Defendant deny the allegations contained in this paragraph by Affidavit
`
`in accordance with the provisions of 10 Del. C. §3914 and §3915.
`
`3.
`
`Defendant Walgreens Eastern Co. is a foreign corporation whose registered agent
`
`is the Corporation Service Company located at 251 Little Falls Drive, Wilmington, Delaware
`
`19808. Plaintiff demands that the Defendant deny the allegations contained in this paragraph by
`
`Affidavit in accordance with the provisions of 10 Del. C. §3914 and §3915.
`
`4.
`
`Walgreens Co. and Walgreens Eastern Co. (collectively "Walgreens") operate
`
`Walgreens — Store #11073 located at 120 Broadkill Road, Milton, Delaware 19968. Walgreens
`
`operates stores through Delaware and has more than 15 employees.
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`Mr. King's Status as a Medical Marijuana Cardholder
`
`5.
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`Mr. King suffers from several medical problems. He suffers from post-traumatic
`
`stress disorder, stomach issues, adverse reactions to medications, and general pain. Mr. King
`
`1
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`¤
`
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`applied for and received a medical marijuana card through the State of Delaware in or around
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`November of 2019.
`
`6.
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`At all times relevant, Mr. King had a lawfully issued medical marijuana card that
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`does not expire until November 15, 2021.
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`King is Interviewed by Walgreens
`
`7.
`
`On or about November 1, 2019, Mr. King applied to Walgreens for a basic counter
`
`job. Shortly thereafter, Mr. King was interviewed for the position. At the time of Mr. King's
`
`interview with Walgreens, he was approved for a medical marijuana card but had not yet received
`
`his physical card.
`
`8.
`
`On or about November 18, 2019, Mr. King received an offer letter for the position.
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`The position was part time and offered $10.00 an hour.
`
`9.
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`Sometime after Mr. King received the offer letter, he was told he had to submit to
`
`a drug screening for the position. Mr. King received the drug screen within 72 hours of the offer
`
`letter. At some point after the drug screen, the testing administrator contacted Mr. King and
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`requested he send over his medical marijuana card. The testing administrator told Mr. King his
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`results would not include marijuana as long as he had paperwork for it. Mr. King faxed over the
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`paperwork to the testing administrator.
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`10.
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`Roughly two weeks after the testing administrator had requested the above
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`paperwork, Mr. King contacted Walgreens about the position. Mr. King was told Walgreens was
`
`still waiting to hear from the testing administrator.
`
`11.
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`Shortly thereafter, Mr. King received an email from Walgreens stating they could
`
`no longer move forward with hiring him.
`
`2
`
`
`
`r
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`12.
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`As a result of Walgreens rescinding its job offer, King lost income, suffered
`
`financial problems, suffered emotional distress, and experienced disruption to life.
`
`COUNT I— WALGREENS VIOLATION OF 16 DELAWARE CODE SECTION 4905A
`
`13.
`
`Plaintiff reincorporates all other allegations in the Complaint as if they are stated in
`
`this Count.
`
`14.
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`The State of Delaware enacted the Delaware Medical Marijuana Act ("MMA")
`
`when it was passed by the General Assembly and signed into law by the Governor in 2011. The
`
`MMA is codified in Chapter 49A of Title 16 of the Delaware Code. The MMA was in effect at
`
`all relevant times for purposes of this litigation.
`
`15. Mr. King is a"cardholder" as that term is used in the MMA.
`
`16.
`
`Section 4905A of Title 16 of the Delaware Code prohibits, among other things, an
`
`employer from discriminating against someone by failing to hire him or terminating someone
`
`based upon his status as a"cardholder" or because a cardholder fails a drug test for marijuana
`
`components or metabolites.
`
`17. Walgreens refused to hire Mr. King because of his failed drug screen.
`
`18.
`
`As a result of the discrimination based upon Mr. King's status as a cardholder
`
`and/or for testing positive for marijuana, he sustained the damages identified in paragraph 11.
`
`19.
`
`The Delaware Deparhnent of Labor's Office of Anti-Discrimination, in another
`
`case, has taken the position that it does not have administrative jurisdiction over claims asserted
`
`under 16 Delaware Code Section 4905A. Thus, any effort to exhaust administrative remedies
`
`would be futile.
`
`3
`
`
`
`WHEREFORE, Plaintiff Matthew King respectfully requests this Court:
`
`A.
`
`Enter judgment in his favor jointly and severally against Defendants Walgreens Co.
`
`and Walgreens Eastern Co.;
`
`B.
`
`Award him special damages, including back pay and front pay, as he can prove as
`
`well as compensatory damages;
`
`C.
`
`D.
`
`E.
`
`Award him costs and attorney's fees;
`
`Award him pre- and post judgment interest; and
`
`Grant such other relief as the Court deems proper.
`
`JACOBS & CRUMPLAR, P.A.
`
`/s/Patrick C. Gallagher
`Patrick C. Gallagher, Esquire (#5170)
`Alexis N. Stombaugh, Esquire (#6702)
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`(t) 302.656.5445
`(f) 302.656.5875
`Attorneys for Plaintiff
`
`Date: October 29, 2021
`
`I!
`
`
`
`
`
`EFiled: ®ct 29 2021 03:02P
`Transaction ID 67055924
`Case No. K21 C-10-027 RLG
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`,
`
`a •
`
`
`
`,
`
`
`
`
`
`MATTHEW KING,
`
`Plaintiff,
`
`► +~
`
`WALGREENS CO., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`C.A. No. K21 C-10-
`
`: JURY TRIAL DEMANDED
`
`SUMMONS
`
`THE STATE OF DELAWARE,
`TO THE SHERIFF OF NEW CASTLE COUNTY:
`YOU ARE COMMANDED:
`To summon the above named defendant so that, within 20 days of service hereof upon
`defendant, exclusive of the day of service, defendants shall serve upon plaintiff's attorney, whose
`address is 750 Shipyard Drive, Suite 200, Wilmington, DE 19801, an answer to the complaint
`(and, if an affidavit of demand has been filed, an affidavit of defense).
`To serve upon defendant a copy hereof and of the complaint (and of the affidavit of demand
`if any has been filed by plaintiff).
`
`Dated:
`
`Prothonotary Annette Ashley
`
`Per Deputy
`
`TO THE ABOVE NAMED DEFENDANT:
`In case of your failure, within 20 days after service of hereof upon you, exclusive of the day
`of service, to serve on plaintiff's attorney named above, an answer to the complaint (and, if an
`affidavit of demand has been filed, an affidavit of defense), judgment by default will be rendered
`against you for the relief demanded in the complaint (or in the affidavit of demand, if any).
`
`Dated:
`
`Prothonotary Annette Ashley
`
`Per Deputy
`
`
`
`EFiled: Oct 29 2021 03:02P
`Transaction I® 67055924
`Case IVo. FC21 C-10-027 RL.G
`IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
`
`.
`
`I •
`T~
`
`¢ ~3
`
`
`
`
`
`MATTHEW K1NG,
`
`Plaintiff,
`
`V.
`
`C.A. No. K21C-10-
`
`JURY TRIAL DEMANDED
`
`WALGREENS CO., and WALGREENS
`EASTERN CO.,
`
`Defendants.
`
`PRAECIPE
`
`TO: Annette Ashley, Office of the Prothonotary
`Kent County Courthouse
`414 Federal Street
`Dover, DE 19901
`
`Please have the Sheriff of New Castle County serve a copy of the Summons, Civil Case
`
`Information Statement, and Complaint, upon the following Defendants' Registered Agents at the
`
`following addresses:
`
`Walgreens Co.
`Corporation Service Company
`251 Little Falls Drive
`Wilmington, DE 19808
`
`DATE: October 29, 2021
`
`Walgreens Eastern Co.
`Corporation Service Company
`251 Little Falls Drive
`Wilmington, DE 19808
`
`JACOBS & CRUMPLAR, P.A.
`
`/s/ Patrick C. Gall agher
`Patrick C. Gallagher, Esq. (DE 5170)
`Alexis N. Stombaugh, Esq. (DE 6702)
`750 Shipyard Drive, Suite 200
`Wilmington, DE 19801
`(t) (302) 934-1234
`(f) (302) 934-5143
`Attorneys for Plaintiff
`
`
`
`Case 1:21-cv-01717-UNA Document 1-1 Filed 12/06/21 Page 21 of 21 PageID #: 26
`
`Sheriff's Office
` State of Delaware
`New Castle County
`800 N. French Street, 5th Floor
`Scott T. Phillips
`Wilmington, Delaware 19801
`Sheriff
`302-395-8450, Fax: 302-395-8460
`
`
`Court Case # K21C-10-027 RLG
`Sheriff # 21-007046
`
`Summons and Complaint
`
`11/16/2021
`
`MATTHEW KING
`vs
`WALGREENS CO AND WALGREENS EASTERN CO
`
`Entity - WALGREENS EASTERN CO
`
`On 11/15/2021 at 11:05 AM a copy of the within writ together with a copy of the Summons and
`Complaint were served upon Litigation Management Representative, a representative for the
`registered agent CORPORATION SERVICE COMPANY 251 LITTLE FALLS DRIVE
`WILMINGTON, DE 19808 .
`
`Fees Paid: $5.00
`
`Per: Deputy Sheriff, Jeffrey Maddocks
`
`SO ANS;
`
` SHERIFF
`
`PER Michelle Dunham
`
`EFiled: Nov 16 2021 08:49AM EST
`Transaction ID 67097550
`Case No. K21C-10-027 RLG
`
`
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