IN THE UNITED STATES DISTRICT COUR;f 1(' 4 2' :)',1 1n3
FOR THE WESTERN DISTRICT OF TEXASUL D J. 11 U

SAN ANTONIO DIVISION EQUAL EMPLOYMENT OPPORTUNITY §

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COMMISSION,

§

RF Plaintiff, sAbaCA0685

v. M&S IMAGING PARTNERS, L.P.,
Defendant.

§ Civil Action No. _ _ _ __
§
§ COMPLAINT AND § JURY TRIAL DEMAND
§

NATURE OF THE ACTION This is an action under Title VII of the Ci viI Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race, and to provide appropriate relief to Tanisha Finney, who was adversely affected by such practices. The Equal Employment Opportunity Commission (the "Commission") alleges that Defendant, M&S Imaging Partners, L.P.("M&S Imaging"), failed to hire Tanisha Finney because of her race, Black.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-5 (f) (1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981a. 2. The employment practice alleged to be unlawful was committed within the jurisdiction of the United States District Court for the Western District of Texas, San Antonio Division.

PARTIES 3. Plaintiff, the Commission, is the agency ofthe United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f) (1) and (3) of Title VII, 42 U.S.c. § 2000e-5 (f) (1) and (3). 4. At all relevant times, Defendant M&S Imaging has continuously been a Delaware Corporation doing business in the State of Texas and the City of San Antonio, and has continuously had at least 15 employees. 5. At all relevant times, Defendant M&S Imaging has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.c. §§ 2000e (b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Tanisha Finney filed a charge with the Commission alleging violations of Title VII by Defendant M&S Imaging. 7. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. Since at least March, 2002, Defendant M&S Imaging has engaged in an unlawful employment practice at its San Antonio, Texas facility, in violation of Section 703 (a) (1) of Title VII, 42 U.S.c. § 2000e-2(a)(1). The unlawful practice carried out against Tanisha Finney because of her race, Black, was the failure to hire her for a position for which she was qualified. 9. The effect of the practice complained of in paragraph 8 above has been to deprive Tanisha Finney of equal employment opportunities and to otherwise adversely affect her status as an applicant, because of her race.

Plaintiff's Original Complaint

Page 2

10. The unlawful employment practice complained of in paragraph 8 above was intentional.
11. The unlawful employment practice complained of in paragraph 8 above was done with malice or with reckless indifference to the federally protected rights of Tanisha Finney.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant M&S Imaging, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any discriminatory hiring practices; from compelling its employees to participate in those practices; and from engaging in any employment practices which discriminate on the basis of race; B. Order Defendant M&S Imaging, its officers, successors, assigns, and all persons in acti ve concert or participation with it, to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant M&S Imaging to make whole Tanisha Finney, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful-place hiring of Tanisha Finney or front pay in lieu thereof; D. Order Defendant M&S Imaging to make whole Tanisha Finney, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practice described in paragraph 8 above, including but not limited to, job search expenses, relocation expenses and medical expenses, in an amount to be determined at trial;

Plaintiffs Original Complaint

Page 3

E. Order Defendant M&S Imaging to make whole Tanisha Finney by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practice complained of in paragraph 8 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in an amount to be determined at trial;
F. Order Defendant M&S Imaging to pay Tanisha Finney punitive damages for its malicious and reckless conduct described in paragraph 8 above, in an amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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ROBERT B. HARWIN Regional Attorney District of Columbia Bar No, 076083

Plaintiff's Original Complaint

Page 4

DAVID C. RIVELA Trial Attorney Texas State Bar No. 00797324
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7619 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Camp/amt

PageS

 
 FILED

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
M&S IMAGING PARTNERS, L.P., Defendant.

DEPUTY CLERK
§ § § § § § Civil Action No. SA-03-CA-685-RF § § § §

CONSENT DECREE

The parties to this Consent Decree are the United States Equal Employment Opportunity

Commission ("EEOC"), Plaintiff, and M&S Imaging Partners, L.P. ("M&S Imaging"), Defendant.

The EEOC initiated this lawsuit pursuant to Section 703 (a)(1) of Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. §2000e-2 (a)(1). The complaint alleges that M&S Imaging failed

to hire Tanisha Finney because of her race, Black.

The EEOC and M&S Imaging wish to settle this action, without the necessity of further

litigation, pursuant to the terms delineated in this Decree.

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. This Court has jurisdiction ofthe subject matter ofthis action and the parties, venue

is proper, and all administrative prerequisites to the filing of this action have been met. The

complaint states claims, which, if proved, would authorize this Court to grant relief against M&S

Imaging, pursuant to Title VII.

2. This Decree resolves all issues raised in EEOC's complaint in this case. EEOC

waives further litigation of all issues raised in the above referenced complaint. EEOC; however,

expressly reserves its right to process and litigate any other charges which may now be pending or

may in the future be filed against M&S Imaging.

3. The duration ofthis Decree shall be three (3) years from the date ofits filing with the

Court. This Court shall retain jurisdiction of this action during the period of this Decree and may

enter such other and further relief as it deems appropriate to ensure implementation and enforcement ofits provisions. Any violation ofthe Consent Decree by M&S Imaging or its agents or assigns shall toll the running of this three-year period as of the date of the violation. If the Court subsequently determines this Decree was violated, the three-year period shall recommence and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find the Decree was not violated, the three-year period shall recommence, retroactive to the date of the filing of the pleading alleging that a violation had occurred.
4. M&S Imaging, in settlement ofthis dispute, shall pay to Tanisha Finney, the amount of$16,000.00. Payment shall be made immediately upon ent::-), ofthis Consent Decree by certified funds or cashier's check and shall be mailed directly to Ms. Finney at 344 Acme Road, San Antonio, Texas 78237. A copy of the settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
5. M&S Imaging is enjoined, during the term ofthis Decree, from discriminating against any employee on the basis of race and from engaging in any other act or practice which has the purpose or effect of unlawfully discriminating against any past, present, or future employee on the basis ofrace. The conduct enjoined includes the failure to hire a qualified individual because ofthe individual's race.
6. M&S Imaging shall provide its employees with a place of employment free of discrimination on the basis of race.
7. M&S Imaging shall post a notice regarding its practices, policies, and intent not to discriminate against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit A, which is attached to this Decree. A copy ofExhibit A shall be posted at M&S Imaging's San Antonio, Texas facilities on all employee bulletin boards and other areas where employees are likely to congregate. The notices shall be posted within 10 days ofthe filing date ofthis Decree and shall remain posted for the duration of the Decree.

Consent Decree

Page 2

8. M&S Imaging shall make no mention of the filing of the underlying charge in discussing Finney's job performance with prospective employers.
9. The terms of this Decree shall be binding upon the EEOC and M&S Imaging, their agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.
10. Each party shall bear its own costs, including attorneys' fees, incurred in this action. The Clerk shall furnish a copy hereof to each attorney of record. IT IS SO ORDERED.
Signed thi~~ day of HlJl)&nAlv&..- ,2003.
N DISTRICT JUDGE
Respectfully submitted, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
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ROBERT B. HARWIN Regional Attorney District of Columbia Bar No. 076083

Consent Decree

Page 3

AVID . KITN State Bar No. 115 00 AMANDA STAMPS LEWIS State Bar No. 24013553 STRASBURGER & PRICE L.L.P 901 Main Street, Suite 4300 Telephone: (214) 651-4461 Telecopier (214) 659-4104
ATTORNEY FOR DEFENDANT

DAVID C. RIVELA Trial Attorney Texas State Bar No. 00797324 Equal Employment Opportunity
Commission 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7619 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Consent Decree

Page 4

Exhibit "A"

NOTICE TO AtL EMPLOYEES M&S Imaging Partners, L.P. ("M&S Imaging") is committed to hiring qualified applicants for employment without regard to their age, race, color, religion, sex, national origin, disability or any other protected category. M&S Imaging will not tolerate discrimination which violates state or federal laws or local ordinances, including failing to hire individuals on account of their age, race, color, creed/religion, sex, national origin, disability and/or any other protected category. If any employee believes he or she is being discriminated against in any term or condition of your employment because of your race, religion, color, national origin, sex, or disability, or that you are being subjected to harassment because ofyour race, you are encouraged to seek assistance from supervisory personnel, or from the U.S. Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229-3555, (210) 281-7600 or 1-800-6694000. No retaliatory action may be taken against you for seeking assistance, filing a charge, or communicating with the U.S. Equal Employment Opportunity Commission. Basing employment actions on the race of an employee may also constitute a violation of Title VII of the Civil Rights Act of 1964, as amended, and any such conduct is a violation of company policy. Any employee found to be in violation of this company policy will be subject to written reprimand, suspension, and/or discharge.

 
 CM/ECF LIVE - U.S. District Court:txwd - Docket Report

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?668003019048762-L_3...

U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:03-cv-00685-WRF

CLOSED

EEOC v. M&S Imaging Partners Assigned to: Hon. W. Royal Furgeson, Jr Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/18/2003 Date Terminated: 11/05/2003 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by David C. Rivela EEOC San Antonio District Office 5410 Fredericksburg Rd. Suite 200 San Antonio, TX 78229 (210) 281-7619 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant M&S Imaging Partners, L.P.

represented by Amanda Stamps Lewis Strasburger & Price, L.L.P. 901 Main Street Suite 4300 Dallas, TX 75202-3794 (214) 651-4461 Fax: 214/659-4104 Email: amanda.lewis@strasburger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David N. Kitner Strasburger & Price 4300 First RepublicBank Plaza 901 Main Street Dallas, TX 75202 (214)651-4300 Fax: 214/659-4079 Email: david.kitner@strasburger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/18/2003 07/18/2003 09/02/2003
10/10/2003 10/14/2003 11/04/2003 11/05/2003 11/05/2003 11/05/2003

#

Docket Text

Case assigned to Hon. W. R. Furgeson Jr. (ct) (Entered: 07/21/2003)
1 Complaint filed. (Pages: 5) (ct) (Entered: 07/21/2003)
2 Waiver of Service by M&S Imaging Partners; Notice and Request Mailed on 7/31/03; Answer due on 9/29/03 for M&S Imaging Partners (rg) (Entered: 09/04/2003)
3 Answer by M&S Imaging Partners (kc) (Entered: 10/14/2003)
4 Order that parties confer and submit scheduling recommendations by 12/17/03 signed by Hon. W. R. Furgeson Jr. (kc) (Entered: 10/15/2003)
5 Joint motion by EEOC, M&S Imaging Partners to enter consent decree (kc) (Entered: 11/05/2003)
6 Order granting joint motion to enter consent decree [5-1] signed by Hon. W. R. Furgeson Jr. (kc) (Entered: 11/06/2003)
7 Consent decree entered into by parties and approved by Hon. W. R. Furgeson Jr. (Pages: 6) (kc) (Entered: 11/06/2003)
Case closed (kc) (Entered: 11/06/2003)

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