A federal judge in San Jose last week denied the city’s motion
to dismiss seven women’s claims in a sexual harassment lawsuit
filed against Hollister and Recreation Services Manager Robert
Ornelas, and a jury trial was set for February 2005.
A federal judge in San Jose last week denied the city’s motion to dismiss seven women’s claims in a sexual harassment lawsuit filed against Hollister and Recreation Services Manager Robert Ornelas, and a jury trial was set for February 2005.
But U.S. District Court Judge Howard Lloyd dismissed charges brought by Ron Miller, whose wife and two daughters make up three of the seven remaining plaintiffs. He, along with his 16-year-old daughter, joined the suit in late January.
Even though his action in the suit was dropped, Miller said he was “absolutely satisfied” because his family members and the four others can continue to pursue relief.
“We feel completely confident that we have a case,” Miller said.
The complaint includes allegations that Ornelas, as head of the Recreation Division, sexually harassed the seven women since 2000 at work or during work-related functions. Miller’s two daughters were minors at the time of their alleged encounters; one of them is now 18.
Initially filed Nov. 17 of last year, the lawsuit also names the city of Hollister, claiming officials knew of the problems but didn’t take proper corrective action. City attorneys and Ornelas have continually denied the allegations.
The city’s hired lawyer Vincent Hurley did not return calls placed to his office Friday. And Ornelas declined to comment on the case.
The city had the opportunity to move this case to federal court because the suit includes both state and federal charges, the latter being allegations of civil rights violations.
The discovery portion of the case – or the researching and witness gathering – will proceed until a trial takes place.
The plaintiffs’ lawyer, William Marder, said about 90 percent of civil cases end with settlements; the city has not approached him about that possibility, he said. Still, Marder doesn’t believe his clients would accept a settlement offer, he said.
“They’re pretty confident in their chances of going to trial,” he said.
Ornelas’ position was placed on the list of 36 layoffs from the city workforce – which take effect July 1. Ornelas said he is currently working for the city.
Kollin Kosmicki can be reached at 637-5566, ext. 331 or at [email protected].
