Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.8 Filed 10/21/21 Page 1 of 14
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`EXHIBIT 1
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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.9 Filed 10/21/21 Page 2 of 14
`Original - Court
`Approved, SCAO
`1st Copy- Defendant
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`3rd Copy -Return
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`6;,
`
`STATE OF MIGHIGAN
`THIRD JUDICIAL CIRCUIT
`WAYNE COUNTY
`
`SUMMONS
`
`CASE NO.
`21-012408-CD
`Hon.John A. Murphy
`
`Court address : 2 Woodward Ave., Detroit Ml 48226
`
`Plaintiffs name(s), address(es), and telephone no(s)
`Jones, Kathleen
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`Plaintiff's attorney, bar no., address, and telephone no
`
`Scott P. Batey 54711
`30200 Telegraph Rd Ste 400
`Bingham Farms, Ml 48025-4506
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`Court telephone no.: 313-224-01 42
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`Defendant's name(s), address(es), and telephone no(s).
`Thermo-Fisher Scientific lnc.
`
`lnstructions: Check the items below that apply to you and provide any required information. Submit this form to the court clerk along with
`your complaint and, if necessary, a case inventory addendum (form MC 21). The summons section will be completed by the court clerk.
`
`Domestic Relations Case
`E There are no pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or family
`members of the person(s) who are the subject of the complaint.
`E There is one or more pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family or
`family members of the person(s) who are the subject of the complaint. I have separately fiied a completed confidential case inventory
`(form MC 21) listing those cases.
`E lt is unknown if there are pending or resolved cases within the jurisdiction of the family division of the circuit court involving the family
`or family members of the person(s) who are the subject of the complaint.
`
`Civil Case
`E ffris is a business case in which all or part of the action includes a business or commercial dispute under MCL 600.8035
`E VOHHS and a contracted health plan may have a right to recover expenses in this case. I certify that notice and a copy of the
`complaint will be provided to MDHHS and (if applicable) the contracted health plan in accordance with MCL 400.106(4).
`EThereisnootherpendingorresolvedcivil actionarisingoutofthesametransactionoroccurrenceasallegedinthe complaint.
`E A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has
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`been previously filed in E this court, EI
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`Court,
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`where it was given case number
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`and assigned to Judge
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`The action E remains E is no longer pending.
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`Summons section completed by court clerk.
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`SUMMONS
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`NOTICE TO THE DEFENDANT: ln the name of the people of the State of Michigan you are notified:
`1. You are being sued.
`2. YOU HAVE 21 DAYS after receiving this summons and a copy of the complaint to file a written answer with the court and serve a
`copy on the other party or take other lawful action with the court (28 days if you were served by mail or you were served outside
`this state).
`3. lf you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded in the
`complaint.
`4. lf you require special accommodations to use the court because of a disability or if you require a foreign language interpreter to help
`you fully participate in court proceedings, please contact the court immediately to make arrangements.
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`lssue date
`9t21t2021
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`Expiration date.
`12t21t2021
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`Court clerk
`Angila Mayfield
`
`Cathy M. Garrett- Wayne County Clerk.
`*This summons is invalid unless served on or before its expiration date. This docunrent must be sealed by the seal of the court.
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`MC 01 (9/19)
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`SUMMONS
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`MCR 1.109(D), MCR 2.'102(B), MCR 2.103, MCR 2.104, MCR 2.105
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.10 Filed 10/21/21 Page 3 of 14
`SUMMONS
`case No. :21-012408-CD
`
`TO PROCESS SERVER: You are to serve the summons and complaint not later than 91 days from the date of filing or the date of
`expiration on the order for second summons. You must make and file your return with the court clerk. lf you are unable to complete
`service you must return this original and all copies to the court clerk.
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`PROOF OF SERVICE
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`CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE
`
`tr oFFrcER cERTtFtcATE
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`OR
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`tr AFFIDAVTT oF pRocESS sERVER
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`I certify that I am a sheriff, deputy sheriff, bailiff, appointed
`court officer, or attorney for a party (MCR 2.104[4][2]), and
`that: (notarization not required)
`E I served personally a copy of the summons and complaint.
`El I served by registered or certified mail (copy of return receipt attached) a copy of the summons and complaint,
`together with
`
`Being first duly sworn, I state that I am a legally competent
`adult, and I am not a party or an officer of a corporate party
`(MCR 2.103[A]), and that: (notarization required)
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`List all documents served with the Summons and Complaint
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`Defendant's name
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`Complete address(es) of service
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`Day, date, time
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`on the defendant(s):
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`E I have personally attempted to serve the summons and complaint, together with any attachments, on the following defendant(s) and
`have been unable to complete service.
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`Defendant's name
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`Complete address(es) of service
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`Day, date, time
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`I declare under the penalties of perjury that this proof of service has been examined by me and that its contents are true to the best of my
`information, knowledge, and belief.
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`Service fee
`$
`
`Miles traveled
`$
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`lncorrect address fee
`$
`
`Miles traveled
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`Fee
`$
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`Fee
`$
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`$
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`Total fee
`$
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`Subscribed and sworn to before me on
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`My commission expires:
`
`Date
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`Notary public, State of Michigan, County of
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`Date
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`Signature:
`
`Signature
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`Name (type or print)
`
`Title
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`County, Michigan.
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`Deputy court clerk/Notary public
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`I acknowledge that I have received service of the summons and complaint, together with
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`ACKNOWLEDGMENT OF SERVICE
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`Signature
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`on
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`on behalf of
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`Day, date, time
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`Attachments
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.11 Filed 10/21/21 Page 4 of 14
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`-lC
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`oiF
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`STATE OF MICHIGAI\
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`IN THE CIRCUIT COURT FOR THE COUI\TY OF WAYNE
`
`Case No: 2l-
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`-CD
`
`Hon.
`
`KATHLEEN JONES,
`
`Plaintiff,
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`THERMO-FISHER sctENTIFIC INC.,
`
`Defendant.
`
`Batey Law Firrn, PLLC
`scoTT P. BArEY (P54711)
`Attorney for Plaintrff
`30200 Telegraph Road, Suite 400
`Bingham Farms, MI 48025
`e48) 540-6800-tetephone
`(248) s40-6814-fax
`
`There is no other civil action between these parties arising
`out of the same transaction or occurrence as alleged in this
`Complaint pending in this Court nor has any such action
`previously been filed and dismissed or transfered after
`having been assigned to a Judge.
`
`PLAINTIFF'S COMPLAINT
`
`NOW COMES, Plaintiff, Kathleen.Iones, by and through her attorneys Scott
`
`P. Batey and the Batey Law Firm, PLLC, and for her Complaint against Defendant
`
`stale as follows:
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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.12 Filed 10/21/21 Page 5 of 14
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`1. Plaintifl, Kathleen Jones, is a resident of the City of Livonia, County of
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`Wayne and State of Michigan.
`2. Defendant, Thermo-Fisher Scientific Inc., (hereinafter "Thermo-
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`Fisher") is a foreign profit corporation, authorized to do business in the State of
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`Michigan whose resident agent is Capitol Corporate Services, Inc., ancl whose
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`registeredmailing address is 186N. Main Street,2,,,1 Floor, Suite l, plymouth, MI
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`48t70.
`3. The events producing the original injury occured in the County of
`Wayne and State of Michigan.
`4. The amount in controversy exceeds $25,000.00, exclusive of interest
`and costs, and jurisdiction and venue is other-wise proper in the County of Wayne.
`5. Plaintiffs bring this action for damages arising out of the acts ancl/or
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`omissions of Defendants constituting unlawful racial discrimination/harassment and
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`retaliation in violation of the Michigan Elliott-Larsen Civil Rights Acr, MCLA
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`537.2101, et sec1. which resulted in emotional and economic damages to Plaintiff.
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`GENERAL ALLEGATIONS
`6. Plaintiff incorporate by reference paragraphs I through 5 of the
`Complarnt as though fully set fbrth herein.
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`2
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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.13 Filed 10/21/21 Page 6 of 14
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`7. Plaintif{ Kathleen .Tones, is a Caucasian fbmale who began her
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`employment with Defendant, Thermo-fisher Scientific, in March 2017 and was most
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`recently employed as a Peptone Worker.
`8. A Peptone worker manufactures peptones to be used in the rnedical
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`field to grow culhrres to be used to develop medicines and vaccines.
`9. Throughout her employment, Plaintiff was harassed and discriminated
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`against by Thermo Fisher Scientific employees on the basis of her race, who treated
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`her and disciplined her more harshly than similarly situated minority employees.
`10. In November 2019 Plaintiff was mixing chemicals to be used in the
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`manuf'acture of a particular peptone, but the instructions were unclear and Plaintiff
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`was uncertain whether to use hydrochloric acid or Muriatric acid which is a less
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`concentrated form of hydrochloric acid.
`11. Hydrochloric acid and Muriatric acid are the same acid with the same
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`chemical make-up with Muriatric acid being more diluted.
`12. Plaintiff decided to use Muriatric acid based on the wording in back
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`record and her Shift Leader's interpretation of the back record.
`13. At the end of the digest, Plaintiff performed a Ph test of the lot and the
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`Ph level of Plaintiff s lot was in the acceptable range for the product.
`14. Plaintiff later learned the Muriatric acid was the wrong acid and she
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`should have used hydrochloric acid.
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.14 Filed 10/21/21 Page 7 of 14
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`15. Throughout Plaintiff's employment, employees of Det-endant,
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`including Plaintiff, had been instructed by Defendant to change records or "falsify"
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`records.
`16. Plaintiff had previously observed Supervisors and other employees
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`changing the lot number of a particular product.
`17. When Plaintiff learned that she used the wrong acid, she considered
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`her options and because the Ph level were within the acceptable range of the
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`product's specifications and employees and Supervisors of Defendant routinely
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`changed records, Plaintiffdecided to change the lot number of the Muriatic acid.
`18. Plaintiff also understood that the Ph level would be tested throughout
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`the process so if it ever became non-compliant, it would become known.
`19. When Defendant learned Plaintiff changed the lot number, they
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`terminated her for the pretextual reason of "falsifying" company records.
`20. Similarly situated employees of a different minorily race were not
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`terminated for falsifying the time sensitive records or breaking various rnajor
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`infiactions.
`21. During her employment with Defendant Plaintiff was mistreated and
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`her work performance abilities were threatened by employees of a different race at
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`Thermo Fisher Scientific.
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`4
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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.15 Filed 10/21/21 Page 8 of 14
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`22. [n addition to suff'ering from hostile work environment, plaintiff
`suffered adverse employment actions due to her race.
`23. Plaintiff complained to Defenclant, Thermo Fisher Scientrfic, and its
`agents, but Defendant was dismissive of Plaintiffs concerns and offered no
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`assistance.
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`24. Plaintiff brought her concerns to her supervisor's attention ancl was
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`ignored.
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`25. Defendant, Thenno Fisher Scientific, is responsible for all acts
`committed by its agents, representatives and employees within the scope of their
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`ernployment.
`26. Defendant's actions were intentional, or were carried out with reckless
`indifference to Plaintiffs' rights and sensibilities.
`27. During the time period in question, Defendant, Thermo Fisher
`Scientific, was Plaintiffs' ernployer ancl Plaintiff was its employee within the
`meaning of the Michigan Elliott-Larsen Civil Rights Act, MCLA $37 2 l0l, et ,s,et1.
`28- Because of the unlawful conduct of Defendant, its agents,
`representatives and employees, and as a direct ancl proximate cause of such conduct,
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`PlaintifT has suffered damages including lost wages, humiliation, embarrassment,
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`outrage, mental anguish and anxiety, emotional distress, loss of self-esteem, loss of
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`5
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.16 Filed 10/21/21 Page 9 of 14
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`eamings and other employment benefits, and a loss of capacity fbr the enjoyment of
`life.
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`COTII{T I
`RACIAL DISCRIMINATION
`29. Plaintiffhereby incorporates by reference paragraphs I through 2g of
`the Complaint as though fully set forth herein.
`30. Plaintiff belongs to a protected class as a caucasian person.
`3 1. Plaintiff was subjected to a hostile work environment and terminated
`due to her race.
`32. Defendant treated Plaintiff a Caucasian, more harshly and disciplined
`in a harsher manner than similarly situated non-minority employees including
`terminating Plaintiff for alleged work place violations when similarly sifuated non-
`minority employees were not disciplined or terminatecl due to similar allegecl
`violations.
`33. The ongoing and continuing unwelcome concluct and communication
`was intended to and did substantially interfere with Plaintiff s employnrent and/or
`created an intimidating, hostile, or offensive working environment for plaintiff.
`34. Pursuant to Michigan Elliott-Larsen Civil Rights Act, MCL A37.2201,
`et seq- Plaintiff is guaranteed the right to be free from discriminatory treatment ancl
`harassment andlor retaliation based upon race.
`
`6
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.17 Filed 10/21/21 Page 10 of 14
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`35. PlaintifT's race was a f-actor in Det-endant's decisions, actions,
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`treatment, conduct and attitude towards Plaintiff.
`36. Plaintiffis entitled to exemplary and compensatory damages pursuant
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`to Michigan Elliott-Larsen Civil Rights Act, MCLA37.220l, et seq. as a result of
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`each and every vioiation of the act, including costs and reasonable attorneys' fbes.
`37. Defendant was Plaintiff's employer under the Michigan Elliott-Larsen
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`Civil Rights Act, MCL A 37 .2201, et sec1.
`38. Defendant created an offensive and hostile work environment against
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`Plaintiffs as a direct result of Plaintiffs' race by reason of the following acts and/or
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`omissions:
`a. Violating the laws against discrimination by engaging in racial
`discrimination in the workplace;
`
`b.
`Imposing discipline based on race;
`c. Taking adverse employment actions against Plaintiff based upon
`her race;
`d. creating a hostile work environment for plaintiff by
`discriminating against her, harassing her, and retaliating against
`her due to her race.
`39. Defendant, owed Plaintiff as a Caucasian employee a duty to refrain
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`from discriminating against her as an employee due to her race.
`4A. Defendant breached and violated its duties owed to Plaintifi by reason
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`of the fbllowing acts and/or omissions:
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`7
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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.18 Filed 10/21/21 Page 11 of 14
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`a. Failing to screen and place in supervisory positions, persons
`who would be capable of being competent and law-abiding
`supervisors, and with particular reference to enforcing laws
`against discrimination in the workplace;
`b. Giving supervisory authority to persons who were known to
`have propensities as would make them unfit to serve in the
`capacity of supervisor over employees;
`c. Failing to properly educate and train its employees and
`supervisors, particularly with reference to the unlawfulness of
`discrirnination in the workplace; and
`d. Failing to properly warn or advise its employees and supervising
`personnel to refrain from discrirninating against ernployees.
`e. Taking adverse employment actions against Plaintiff due to her
`race and in retaliation for complaints of race discrimination.
`41. As a direct and proximate result of the actions of Defbndant, PlaintifT
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`was the subject of discriminatory conduct on the part of Defendant, including but
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`not limited to termination of her employment.
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`WHEREFORE, Plaintiff respectfully request judgment in her favor and
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`against Defendant in an amount in excess of $75,000.00, together with costs, interest
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`and attorney fees and any other relief this Honorable Court deems appropriate and
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`just.
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`8
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.19 Filed 10/21/21 Page 12 of 14
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`Respectfully submitted,
`
`BATEY LAW FIRM, PLLC
`
`By: /s/Scott P. Batey
`scoTT P. BATEY (Ps47t1)
`Attorney for Plaintiff
`30200 Telegraph Road, Suite 400
`Bingham Farms, MI48025
`Q48) 540-6 80O-telephone
`(248) 540-6814-fax
`sbatey@bateylaw.com
`
`Dated: September 21, 2021
`
`9
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`

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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.20 Filed 10/21/21 Page 13 of 14
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`STATE OF'MICHIGAN
`
`IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE
`
`ro
`oiE
`
`$Es(
`
`r)
`
`Case No: 21-
`
`-CD
`
`Hon.
`
`KATHLEEN JONES,
`
`Plaintiff,
`
`V.
`
`THERMO-F'ISHER SCIENTIFIC INC.,
`
`Defendant.
`
`Batey Law Firm, PLLC
`scoTT P. BATEY (Ps47tt)
`Attorney for Plaintiff
`30200 Telegraph Road, Suite 400
`Bingham Farms, MI 48025
`(248) 540-6800-tel ephone
`(248) s40-68l4-fax
`
`NOW COMES, Plaintiff, Kathleen Jones, by and through her attorneys, Scott
`P' Batey and the Batey Law Firm, PLLC, and hereby dernands a trial by jury on all
`issues allowed by law.
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`Case 2:21-cv-12484-DPH-CI ECF No. 1-1, PageID.21 Filed 10/21/21 Page 14 of 14
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`Respectfully submitted,
`
`BATEY LAW FIRM, PLLC
`
`By: /s/Scott P. Batey
`scoTT P. BATEY (P54711)
`Attorney for Plaintiff
`30200 Telegraph Road, Suite 400
`Bingham Farms, MI 48025
`(248) 540-68 0O-telephone
`(248) 540-6814-fax
`sbatelz@bateylaw.com
`
`Dated: September 21, 2021
`
`2
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