In early 2009, plaintiffs Miguel Rios and Keith Calibo, Mexican landscapers for the city of Fairfield, were terminated from their jobs. A March 2009 appeals hearing confirmed their firing. Rios and Calibo claimed that the firing was due to their race and complaints the made about racist remarks spoken by a supervisor, Kathy Norris. According to the city, Rios and Calibo were terminated for leaving early and misleading investigators. Rios and Calibo sued Norris and the city of Fairfield. They alleged that the defendants wrongfully terminated them based on racial discrimination and retaliation. Specifically, they claimed that Norris stated that she should not have “put two Mexicans together on the road crew.” Rios and Calibo alleged that after they complained about the remarks, they were retaliated against for making the complaints. Norris denied making the offending remarks and further stated that she is Hispanic. Defense counsel contended that Rios left work early on Jan. 29, 2009, and that Calibo signed a false timecard on his behalf. Counsel further contended that Calibo told Norris that Rios was in the restroom when Rios had, in fact, left for the day. Defense counsel further contended that the termination occurred after a full investigation was done by human resources, during which Rios and Calibo allegedly offered an ever-changing story to investigators. Plaintiff’s counsel countered that other employees who had committed a similar transgression as alleged by the defense only received a brief suspension., Rios and Calibo were earning about $56,000, in addition to benefits, at the time of their termination. Thus, they sought recovery of damages for their loss of earnings and benefits.