IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

United Sta1II Coul'll So....... District of Texu
FILED
AUG - 5 2004

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
CASH & GO, LTD., Defendant.

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.,..,.._,ern.....

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§ CIVIL ACTION NO.

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§

COMPLAINT

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JURY TRIAL DEMAND

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C-04-416

NATURE OF THE ACTION

This is an action under the Equal Pay Act of 1963, Title VII ofthe Civil Rights Act of 1964

and Title I of the Civil Rights Act of1991, to restrain the unlawful payment of wages to employees

of one sex at rates less than the rates paid to employees ofthe opposite sex, to collect back wages

due to employees as a result of such unlawful payments, and to correct unlawful employment

practices on the basis ofsex, female. As alleged with greater particularity below, Plaintiffthe United

States Equal Employment Opportunity Commission ("EEOC" or "Commission"), alleges that

Defendant Cash & Go, Ltd. ("Defendant"), paid and are paying, female employees wages which

were and are less than wages paid to comparable male employees who perform or performed the

same or substantially equal work. The EEOC further alleges that Defendant discriminated against

Connie Damron by discharging her because ofher sex, female, in violation of Title VII ofthe Civil

Rights Act of 1964, as amended.

J

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§ 451,1331,1337,1343

and 1345. This action is authorized and instituted pursuant Sections 15(a)(3), 16(c) and 17 of the

Fair Labor Standards Act of 1938 ("FLSA"), as amended, 29 U.S.C. §§ 215(a)(3), 216(c) and 217,

to enforce the requirements of the Equal Pay Act of 1963 ("EPA"), codified as Section 6(d) of the

FLSA, 29 U.S.C. §206(d). This action is further authorized and instituted pursuant to Section 706(f)

(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended ("Title VIT'), 42 U.S.C. §§

2000e-3(a), 2000e-5(f)(I) and (3) and pursuant to Section 102 ofthe Civil Rights Act of 1991,42

U.S.C. § 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Southern District of Texas, Corpus Christi

Division.

PARTIES

3. Plaintiff EEOC is the agency of the United States of America charged with the

administration, interpretation and enforcement ofthe EPA and Title VII, and is expressly authorized

to bring this action by Sections 15(a)(3), 16(c) and 17 ofthe FLSA, 29 U.S.C. §§ 215(a)(3), 216(c)

and 217, as amended by Section 1 of Reorganization Plan No.1 of 1978,92 Stat. 3781, and Public

Law 98-532 (1984), 98 Stat. 2705, by Section 704(a), 706(f) (1) and (3) of Title VII, 42 U.S.C. §§

2000e-3(a), 2000e-5(f)(1) and (3) and by Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. §

1981a.

4. At all relevant times, Defendant Cash & Go, Ltd., has continuously been a limited

partnership doing business in the State ofTexas and the City ofCorpus Christi, and has continuously

had at least 15 employees.
Plaintiff's Original Complaint

Page 2

5. At all relevant times, Defendant Cash & Go, Ltd. 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).
6. At all relevant times, Defendant Cash & Go, Ltd. acted directly or indirectly as an employer in relation to cmpleyees and has continuously been an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).
7. At all relevant times, Defendant Cash & Go, Ltd. continuously employed employees engaged in commerce or in the production of goods for commerce within the meaning of Sections 3(b), (i) and (j) ofthe FLSA, 29 U.S.C. §§ 203(b), (i) and (j), or has continuously been an enterprise engaged in commerce or in the production ofgoods for commerce within the meaning ofSection 3(r) and (s) of the FLSA, 29 U.S.C. § 203(r) and (s), in that said enterprise has continuously been engaged in the business of selling financial services at financial services kiosks inside convenience stores in the State of Texas, and is an enterprise whose annual gross volume of sales made or business done is not less than $500,000.00.
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Connie Damron filed a charge against Cash & Go, Ltd., with the Commission alleging violations ofthe EPA and Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled.
Title VII - Wages 9. Since at least April 2000, Defendant has engaged in unlawful employment practices at its Texas, facilities in violation of Sections 703(a)(I) ofTitle VII, 42 U.S.C. §2000e-2(a)(1), and Section 102 ofthe Civil Rights Act of1991, 42 U.S.C. § 1981a. Specifically, Defendant subjected

Plaintiff's Original Complaint

Page 3

Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega, who worked as Area Managers, to discrimination by paying lower wages to the female employees than it paid to male employees in the same position or performing the same or substantially similar work, based on their sex, female, in violation ofSection 703(a)(1) of Title VII.
10. The effect of the practice complained of in paragraph 9 above has been to deprive Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega, ofequal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
11. The unlawful employment practice complained of in paragraph 9 above was, and is, intentional.
12. The unlawful employment practice complained ofin paragraph 9 above was, and is, done with malice andlor with reckless indifference to the federally protected rights of Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega.
EPA - Wages 13. Since at least April 2000, Defendant has violated Sections 6(d)( 1) and 15(a)(2) ofthe FLSA, 29 U.S.c. §§ 206(d)(1) and 215(a)(2), by paying lower wages to the female Area Managers, than it paid to the male employees in the same establishment for substantially equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.

Plaintiff's Original Complaint

Page 4

14. As a result of the actions complained of in paragraph 13 above, Defendant has unlawfully withheld, and are continuing to withhold, the payment ofwages due to Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega.
15. The unlawful practice complained of in paragraph 13 above was, and is, willful. Title VII - Disparate Discipline
16. On or about December 11, 2002, Defendant engaged in unlawful employment practices in violation of Section 703(a)(1) of Title Vll, 42 U.S.C. § 2000e-2(a)(1) by discharging Connie Damron because of her sex, female.
17. The effect ofthe practice complained of in paragraph 16 above has been to deprive Connie Damron of equal employment opportunities and otherwise adversely affect her status as an employee because of her opposition to practices made unlawful by Title Vll.
18. The unlawful employment practice complained of in paragraph 16 above was intentional.
19. The unlawful employment practice complained of in paragraph 16 above was done with malice or with reckless indifference to the federally protected rights of Connie Damron.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns and all persons in active concert or participation with it, from paying lesser wages to female employees than male employees because of their sex, and from discriminating within any of their establishments between employees on the basis of sex, by paying wages to employees of one sex at

Plaintiff's Original Complaint

PageS

rates less than the rates at which they pay wages to employees ofthe opposite sex for substantially equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions;
B. Order Defendant to institute and carry out policies, practices, and programs that provide equal employment opportunities for women and which eradicate the effects of its past and present unlawful employment practices including, but not limited to, raising the level of compensation for female Area Managers to the level received by male Area Managers;
C. Order Defendant to make whole Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega, by providing appropriate lost wages with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects ofthe unlawful employment practices described in paragraphs 9 and 13 above;
D. Order Defendant to make whole Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega, by providing compensation for past and future pecuniary losses resulting from the unlawful practices in violation of Title VII complained of in paragraph 9 above in amounts to be determined at trial;
E. Order Defendant to make whole Connie Damron, and a class of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices in violation of Title VII complained of in paragraph 9 above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial;

Plaintiff's Original Complaint

Page 6

F. Order Defendant, to pay Connie Damron, and a group of similarly situated female employees including Kitty Hash, Linda Mendietta and Aracelli "Sally" Ortega, punitive damages for its intentional, malicious and reckless conduct, as described above, in amounts to be determined at trial;
G. Grant a judgment requiring Defendant to pay appropriate back wages in amounts to be determined at trial and an equal sum as liquidated damages to employees whose wages are being unlawfully withheld as a result of the acts in violation of the Equal Pay Act complained of in paragraph 13 above, including, but not limited to, Connie Damron, Kitty Hash, Linda Mendietta, Aracelli "Sally" Ortega and a class of similarly situated female employees;
H. Order Defendant to make whole Connie Damron by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative reliefnecessary to eradicate the effects of the unlawful employment practices described in paragraph 16 above, including but not limited to reinstatement;
I. Order Defendant to make whole Connie Damron by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 16 above in amounts to be determined at trial;
J. Order Defendant to make whole Connie Damron by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 16 above, including but not limited to emotional pain, suffering, inconvenience, loss ofenjoyment of life, humiliation, and loss of civil rights in amounts to be determined at trial;
K. Order Defendant to pay Connie Damron punitive damages for its malicious and reckless conduct, as described in paragraph 16 above, in amounts to be determined at trial;

Plaintiff's Original Complaint

Page 7

L. Grant such further relief as the Court deems necessary and proper in the public
interest; and
M. 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,
ERIC S. DREmAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~ 1iL· Oy~ n 06fjl fj, ~WtJ I '
ROBERTB.HARWIN Regional Attorney District of Columbia Bar No. 076083

ITHG. t
upervisory Trial Attorney Texas State Bar No. 19708300 Federall.D. No. 14850

Plaintiff's Original Complaint

DAVID RIVELA Trial Attorney Texas State Bar No. 00797324 Federall.D. No. 32914 Attorney-In-Charge

Page 8

EQUAl EMPLOYMENT OPPORTUNITY COMMISSION
5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7619 Facsimile: (210) 281-7669
ATTORNEYS FORPLAlNTWF

Plaintiff's Original Complaint

Page 9

 
 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

EEOC v. CASH&GOLTD

§ § § C.A. NO. C-04-416 § §

ORDER DENYING MOTION FOR SUMMARY JUDGMENT AS MOOT

On June 28,2005, the United States Magistrate Judge filed her Memorandum and

Recommendation in this cause (D.E. 28), recommending that defendant's Motion for

Summary Judgment (D.E. 18) be denied and that plaintiff be allowed to proceed with this

action. No objections were filed by either party. On July 13, 2005, parties filed a Joint

Notice of Settlement. (D.E.29).

Accordingly, defendant's Motion for Summary Judgment (D.E. 18) is DENIED as

MOOT.

21 ORDERED this

day of_---f--_~--_, 2005.

 
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IN THE UNITED STATES DISTRICl COURT FOR TIlE SOUTHERN DISTRICf OF TEXAS
CORPUS CHRISTI DMSION

EQUAL .EMPLOYMENT OPPORTUNITY §

COMMISSION,

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Plalntill,

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v.

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CASH & GO, LTD.,

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Defendant.

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CivU Action No. C-04-416

CONSENT DECREI

The parties to this Consent Decree are the Plaintiff, United States Equal Employnt,:nt Opportunity Conmlission (,'EEOC"), and Defendant, Cash &. Go, Ltd. ("Cash &. Go"). This Consent Decree resolves the allegations raised by the EEOC in the above-referenced Clivi1 Action No. C-04-416. The EEOC initiated this lawsuit under Sections 16(c) and 17 of the Fair Labor Standards Act of 1938 (''FLSA''), as amended, 29 U.S.C. §§ 216(c) and 217, and the Equal Pay Act of 1963, codified as Section 6(d) of the FLSA, 29 U.S.C. § 206(d) ("EPA");
Section 706(f)(1) and (3) of Title vn of the Civil Rights Act of 1964. as amended, 42 U.S.C. §
2000e-5(f)(1) and (3) (''Title VIr'); and Section 102 of Title I of the Civil Rights Act of1991, 42
U.S.C. § 1981a. The EEOC and Cash & Go wish to settle this action, without the risks, uncertainties and
expenses of continued litigation, under the te1'ItlS in the Decree. By Clltering into this Consent
Decree, Cash & Go expxes51y denies the validity of any claim and/or C2U$C of action asserted in the Complaint, and Cash &, Go enters into this Consent Decree for the sole purpose of avoiding the expenses associated with this litigation. Cash & Go further asserts that by entering into this

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Consent Decree it makes no admission of liability or Wl'Ongdoing and makes no admission the~t its alleged conduct was improper, discriminatory or illegal in any respect.
IT IS ORDEREDJ ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parries, venUe is proper. and all adlninistrative prerequisites to the EEOC's filing of this action l?ave bee:n met. The parties stipulate to the Court's jurisdiction. 2. This Decree' is cotered in full and complete settlentent of all claizns contained in this lawsuit, all of which are hereby released by the EEOC. This release extends to Cash It Go, Ltd., as well as its officers, ~ployees, directors, agents. partners, personal representativc:s, successors, and assigns. EEOC expressly reserves its right to process and litigate any other charges (other than EEOC Charge No. 36B-2003-00102) against Cash &. Go, which may now be pending or may in the fut\ilre be filed against Cash & Go.
SCOPE OF CONSENI DECREE 3. The duration of this Decree shall be three (3) years from the date ofits filing with the Court. This Court shall retainjmisdiction ofmis action during the period oftbis Decree iwd may enter further orders or modifications as may be appropriate. Any violation of the Consent Decree by Cash & Go or its agents, assigns or successors shall toll the I'UDlling ofthis three-year period as ofthe date ofthe violation for the period of such violation.
IliJUNCIJVE PROYISIONS
4. Cash & 00 is hereby enjoined from: (a) Ensaging in or being a party to any action, policy or practice that has the effect. of discriminating agajnst any employee on the basis of sex. including termination based on sex;

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(b) Creating. facilitating or permitting the existence of a work environment that permits the unlawful payment ofwages to employees of one sex at rates less than the rates patti to employees ofthe opposite sex.
(c) Creating. facilitating or permitting the existence of a work enviromnent thm permits discrimination on the basis ofsex, female.
TRAINING
5. Within ninety (90) days of the entry of this Consent Decree, Cash &, Go sh211 provide, through Nancy H. Hamren with the law finn of COATS RoSE, or another attorney boa:rd certified in labor and employment law licensed in the State of Texas, four (4) hours of Equal Employment Opportunity training for all of its exempt personnel employed in the State ofTexfLS. During the remaining term of this Consent Decree and within ten (10) days of the anniversary of the date of entry of the Consent Decree, Cash & Go shall provide this same training for all nflW exempt personnel, and for those exempt employees who missed the initial training session. TIus training shall cover what constitutes unlawful employment practices under the Equal Pay Act of
1963 and Title vn of the Civil Rights Act of 1964. POSTING REQUIREMENT
6. Within ten (10) business days after entry of this Decree, Cash & Go shall post copies of the Notice attached 8$ Exhibit "A" to this Decree at all of its facilities in all conspicuous locations ca5ily accessible [0 and commonly frequented by employees. Cash & Go shall ensure that the postings arc not altered, defaced or covered by any other material. Cash &
Go shall certify to the EEOC in writing within ten (10) business days after entry of the Dc/!ree that the Notice has been properly posted. Cash & Go shall permit a representative ofEEOe tt)

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enter Cash & Go's premises for pwposes of vorifying compliance with this Paragraph at any

time during normal business hours.

MONETARY RELIE.F

7. No later than thirty (30) days after the entry of this Consent Decree, OefendaJu

Cash & Go shall raise the cmrent groSi pay of Linda Valenzuela by $232.09 per pay period;

Kitty Sue Hash by $38.46 per pay period; and Patricia Livas by 5142.31 per pay period. In

addition, Ms. Livas will be eligible for bonuses on the: same: terms as other Area Managers.

8. Cash & Go. in settlement of this dispute, shall pay a total gfO$s SUlll of

$105,000.00 (ONE HUNDRED FIVE THOUSAND DOLLARS AND NO/CENTS) which shllll

be apportioned as follows:

(8.) No later than thirty (30) days after the entry of this Decree, Defendant shall pay,

by check and mailed directly to each class member, its first installment of $25,000.00

(TWENI'Y-FNE rnOUSAND DOLLARS AND NO/IOO) to be apportioned as follows:

Connie Damron 110 Whispering Wind Lane Aransas Pass, Texas 78336

$15.000.90

Linda Mendieta Valenzuela.
207 E. Broadway st.
Portland. Texas 78374

54.000.00

Araccli "Sally" Ortega 7813 Caribou Or. COIPUS Christi, Texas 78414

S3,SOO.QQ

Lea .AIm Liseno 2613 Mary
Corpus Christi, Texl$ 78415

$500.00

Panicia Livas 1205 Salem
Corpus Christi. Texas 78412

SSQO,QQ

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Silvia RodriJUez S72S Curtis Clark Drive #1322
COIpUS Christi. Texas 78412

$1000.00

Doris Park 321 Juniper Drive Corpus Christit Texas 78418

$500.00

(b) The remaining S80,000.00 (EIGHTY THOUSAND AND NO/lOO) shall be paid

o~er the next three (3) ycarst in quarterly installments, with the first of the quarterly payments due on or before January 1,2006, and payments due thereafter on or before the first day of Apr:il.

July, and October, Ullti1 full payment of the outstanding balance, with the last of the quarterly

installments to be paid on or before October 1, 2008.

Eleven (11) quarterly payments due on or before January I, 2006; April 1.2006; July I,

2006; October 1, 2006; January 1, 2007; Aprill, 2007; July 1,2007; October 1, 2007; January 1,

2008; Aprill, 2008; and J1u.ly 1, 2008, shall be apportioned. as follows:

(1) $2.633.33 to Connie Damron;

(2) $2,020,83 to Linda Valenzuela;

(3) $1.170.83 to Araceli "Sally" Ortegaj

(4) $ 325.00 to Loa Ann Liserioj

(S) $ 245.83 to Patricia Livas;

(6) S 162.,0 to Silvia Rodriguez; and (7) S 10§.33 to Doris Park.
Final quarterly payment, due on or before October 1. 2008, shall be apportioned as

follows:

(1) $2,633,37 to Connie Damroni

(2) n.020.87 to Linda Valen2Uelg;

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(3) 11.17Q,87 to Araceli "Sally" Ortega; (4) $ 325 ,OQ to Lea Ann Uscrio; (5) $ 245.87 to Patricia Livas~
(6) i 162,50 to Silvia Rodriguez; and (7) S 108.37 to Doris Park.
(c) The balance due under subparagraph (b) hereto. may be paid in full prior to the date(s) due, with no penalty.
9. A copy ofall the settlement cheeks, and any accompanying transmittal documents shall be forwarded to Robert: B. Harwin. Regional Attomey, SaIl Antonio District Office. Unit(:d States Equal Employment Opponunity Contmission, 5410 Fredericksburg Road, Suite 200, Si!n Antonio. Texas 78229.
10. All payments made by Cash & Go herein shall be gross payments subject to taxes and any other withholding requirements under applicable law.
MISCELLANEOUS PROVISIONS 11. In response to inquiries from prospective employers, Cash & Go will providt~ a
reference for identified class members limited to verification of dates of employment an.d positions held.
12. The EEOC shall have the right to ensure compliance with the terms of this Consent Decree.
13. The parties to this Consent Decree shall bear their own costs and attorney's fees
incl.1tTed in this action. The parties aarce that. pursuant to Section 706(k) of Title vn. 42 'U.s..C.
section 2000e-5(k}, there is no "prevailing party" in this action or proceeding. The Clerk shall furnish a copy hereof to each attorney ofrecord.

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SO ORDERED.
Signed this 11day Of__O-_L-_--_,_I_-_-', 200S.
~-L-

RespectfUlly Submitted.
JAMES L LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWn-l Regional Attorney District ofColumbia Bar No. 076083

NANCY H. HAMREN Texas State Bar No. 09549430 FcderallD No. 3694 PATRICK E. OAAS Texas State Bar No. 17S~2790
Federal ID No. 10S83 Attomcy-in-Charge

nJDInI G. TAYLOR

Superlisol)' Trial Attorney

Texas State Bar No. 19708300

Federal ID No. 148S0

..

~~~

DAVID RIVELA Trial Attorney Texas State Bar No. 00797324 AUOmcY-ln-Charge

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COATS ROSE YALE RYMAN jt LEE,. p.e
3 Greenway Plaza, Suite 2000 Houston, Texas '77046 Telephone: (713) 651-0111 Facsimile: (713) 651-0220
ATTORNEYS FORDEFBN.DANT

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5410 Predcricksburg Rd. Suite 200
San Antonio. Texas. 18229
Telephone: (210)281-7619 Facsimile: (210)281-7669
ATTORNEYSFORP~~F

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EXHIBIT A

P.11/11 NOI P.OII/OII HS2

1. This NOTICE to all employees ofCash & Go, Ltd. ("Cash & Go") is being posted as part of an agreement between Cash & Go and the U.S. Equal Employment OppoI1Llnhy Commission.
2. Federal law requires that there be no discrimination against any employee or applicant fiJI employment because of that person's race, color. religion, sex, national origin. or al:e
with respect to hiring. compensation. promotion, discharge, or other tcnns, conditions or
privileges of employment. Basing employment actions on the gender of an employ,ee
may also constitute a violation of the Equal Pay Act of 1963 and Title vn of the Civil
Rights Act of 1964, as amended, and any such conduct is a violation of company policy.
3. Cash & Go strongly supports and will comply with such Federal law in all aspects and it will not take any action against employees because they have exercised their rights lBldcr the law by :filing charges with the U.S. Equal Employment Opportunity Commission.
4. If you believe you are being discriminated against in any term or condition of your employment because of your race, religion, color, national origin, sex, or disability, YOll are encouraged to seek assistance from supervisory personnel. or from the U.S. Eqllal Employment Opportunity Comnrission, 5410 Fredericksburg Road. Suite 200, San Antonio, Texas 78229-3555, (210) 281-7600 or 1·800-669-4000.
S. No retaliatory action may be taken against you for seeking assistance, filing a charge. or conununicating with the U.S. Equal Employment Opportullity Commission.

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 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?196239616068736-L_3...

CLOSED, MAG, MOTREF
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Corpus Christi)
CIVIL DOCKET FOR CASE #: 2:04-cv-00416

Equal Employment Opp v. Cash & Go Ltd Assigned to: Chief Judge Hayden Head Referred to: Magistrate Judge B. Janice Ellington Demand: $0 Cause: 28:451 Employment Discrimination

Date Filed: 08/05/2004 Date Terminated: 10/17/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by David Carl Rivela Attorney at Law 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229 210-281-7619 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S Dreiband EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637

Gwendolyn Young Reams EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637

James L Lee EEOC 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7637

Judith Georgann Taylor EEOC 5410 Fredericksburg Rd Ste 200

1 of 5

6/13/2007 2:01 PM

DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?196239616068736-L_3...

V. Defendant Cash & Go Ltd

San Antonio, TX 78229-3555 210-281-7673 Fax: 210-281-7669 fax Email: judith.taylor@eeoc.gov
Robert B Harwin EEOC Fax 210 281 7669 5410 Fredericksburg Rd Ste 200 San Antonio, TX 78229-3555 210-281-7613
represented by Patrick E Gaas Coats Rose Yale et al 3 E. Greenway Plaza Ste 2000 Houston, TX 77046 713-653-7387 Fax: 713-651-0220 fax Email: pgaas@coatsrose.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy H Hamren Coats Rose Yale et al 3 Greenway Plz Ste 2000 Houston, TX 77046 713-651-7362 Fax: 713-651-0220 fax Email: nhamren@coatsrose.com

Date Filed 08/05/2004 08/05/2004
08/05/2004 08/16/2004

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Docket Text

1 COMPLAINT by Equal Employment Opportunity Commission, filed; (jhill) (Entered: 08/05/2004)
2 Order setting Initial Pretrial and Scheduling Conference on 1:15 9/28/04 before Chief Judge Hayden W. Head Jr and Order to Disclose Interested Persons, filed. Parties notified. (jhill) (Entered: 08/05/2004)
SUMMONS issued for Cash & Go Ltd (jhill) (Entered: 08/05/2004)
3 DISCLOSURE OF INTERESTED PARTIES by Equal Employment Opp , filed. (drodrigues) (Entered: 08/16/2004)

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

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08/19/2004 08/31/2004 08/31/2004 09/15/2004 09/28/2004
09/28/2004
10/26/2004 10/26/2004
12/23/2004 02/11/2005 02/17/2005 03/15/2005 04/01/2005 05/04/2005

4 RETURN OF SERVICE executed as to Cash & Go Ltd 8/11/04 filed. Answer due on 8/31/04 for Cash & Go Ltd (drodrigues) (Entered: 08/20/2004)
5 ANSWER to Complaint by Cash & Go Ltd (Added attorney Patrick E Gaas, Nancy Hesse Hamren), filed. (drodrigues) (Entered: 08/31/2004)
6 CERTIFICATE OF INTERESTED PARTIES by Cash & Go Ltd , filed. (drodrigues) (Entered: 08/31/2004)
7 JOINT REPORT OF MEETING & JOINT DISCOVERY/CASE MANAGEMENT PLAN by Cash & Go Ltd, Equal Employment Opportunity Commission , filed.(drodriguez, ) (Entered: 09/15/2004)
8 Minute Entry for proceedings held before Judge Hayden W. Head Jr. SCHEDULING CONFERENCE held on 9/28/2004. Summary of case given. Mr. Rivela advised there were about 5-6 more women that wanted to join law suit. Defense counsel advised she needed about 45 days to provide all personnel and payroll records of the people involved in this case. Joint status report to be filed within 90 days. Appearances:Jennifer Randall. Nancy Hesse Hamren, David Carl Rivela.(Digital # 1:19-2:13)(ERO:Genay Rogan), filed.(drodriguez, ) (Entered: 09/29/2004)
9 SCHEDULING ORDER: Amended Pleadings due by 4/1/2005 Joinder of Parties due by 11/1/2004 Pltf Expert Report due by 3/1/2005 Deft Expert Report due by 3/1/2005 Discovery due by 5/2/2005 Dispositive Motion Filing due by 5/2/2005 Joint Pretrial Order due by 7/18/2005 Docket Call set for 7/28/2005 01:15 PM before Chief Judge Hayden W. Head Jr Jury Selection set for 8/8/2005 08:30AM before Chief Judge Hayden W. Head Jr. Jury Trial set for 8/8/2005 08:30 AM before Chief Judge Hayden W. Head Jr..( Signed by Judge Hayden W. Head Jr) Parties notified.(drodriguez, ) (Entered: 09/29/2004)
10 ORDER REFERRING CASE to Magistrate Judge B. Janice Ellington, who shall manage and prepare this case for trial before the undersigned.( Signed by Judge Hayden Head ) Parties notified.(drodriguez, ) (Entered: 10/29/2004)
11 ORDER FOR PARTIES TO SUBMIT JOINT STATUS REPORT. This Court orders that the parties file a Joint Status Report within 90 days from 9/28/04.( Signed by Judge Hayden Head ) Parties notified.(drodriguez, ) (Entered: 10/29/2004)
12 JOINT STATUS REPORT by all parties, filed.(lcayce, ) (Entered: 12/27/2004)
13 JOINT MOTION to Modify Scheduling Order by Equal Employment Opportunity Commission, Cash & Go Ltd, filed.. (Attachments: # 1 Proposed Order)(drodriguez, ) (Entered: 02/14/2005)
14 ORDER granting 13 Motion to Modify 9 Scheduling Order,, .( Signed by Judge B. Janice Ellington ) Parties notified.(drodriguez, ) (Entered: 02/22/2005)
15 PROPOSED ORDER, filed.(Hamren, Nancy) (Entered: 03/15/2005)
16 DESIGNATION OF EXPERT WITNESS LIST by Cash & Go Ltd, filed.(Hamren, Nancy) (Entered: 04/01/2005)
17 Subpoena by Cash & Go Ltd, filed.(lcayce, ) (Entered: 05/04/2005)

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

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05/16/2005
06/03/2005 06/06/2005 06/08/2005 06/08/2005 06/10/2005 06/15/2005
06/17/2005
06/17/2005 06/22/2005 06/28/2005
07/13/2005

18 MOTION for Summary Judgment by Cash & Go Ltd, filed. Motion Docket Date 6/6/2005. (Attachments: # 1 Exhibit A - Affidavit of Jim Farha# 2 Exhibit 1 to Farha Affidavit# 3 Exhibit 2 to Farha Affidavit# 4 Exhibit 3 to Farha Affidavit# 5 Exhibit 4 to Farha Affidavit# 6 Exhibit 5 to Farha Affidavit# 7 Exhibit 6 to Farha Affidavit# 8 Exhibit B)(Hamren, Nancy) (Entered: 05/16/2005)
19 OPPOSED MOTION to Compel Discovery, MOTION for Hearing by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/23/2005. (Attachments: # 1 # 2 Proposed Order)(lcayce, ) (Entered: 06/06/2005)
20 RESPONSE to 18 MOTION for Summary Judgment, filed by Equal Employment Opportunity Commission. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 Proposed Order)(drodriguez, ) Additional attachment(s) added on 6/17/2005 (lcayce, ). (Entered: 06/06/2005)
21 PROPOSED ORDER re: 18 MOTION for Summary Judgment, filed.(Hamren, Nancy) (Entered: 06/08/2005)
22 ORDER granting 19 Motion for Hearing on Plaintiff's Motion to Compel Discovery; Motion Hearing set for 7/5/2005 at 10:00 AM before Magistrate Judge B. Janice Ellington.( Signed by Judge B. Janice Ellington ) Parties notified.(lcayce, ) (Entered: 06/08/2005)
23 NOTICE/ADVISORY TO COURT by Equal Employment Opportunity Commission, filed. (drodriguez, ) (Entered: 06/10/2005)
24 UNOPPOSED MOTION to Take Leave to Supplement Exhibit 7 to Plaintiff Equal Employment Opportunity Commission's Response to Defendant Cash & Go, Ltd.'s Motion for Summary Judgment by Equal Employment Opportunity Commission, filed.. (Attachments: # 1 Proposed Order)(drodriguez, ) (Entered: 06/15/2005)
25 ORDER GRANTING EEOC'S MOTION TO TAKE LEAVE TO SUPPLEMENT EXHIBIT 7 OF EEOC'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; granting 24 Motion to Supplement .( Signed by Judge B. Janice Ellington ) Parties notified.(lcayce, ) (Entered: 06/17/2005)
26 UNOPPOSED MOTION to Withdraw 19 MOTION to Compel Discovery MOTION for Hearing by Equal Employment Opportunity Commission, filed.. (Attachments: # 1 Proposed Order)(lcayce, ) (Entered: 06/17/2005)
27 ORDER granting 26 Motion to Withdraw; withdrawing 19 MOTION to Compel Discovery MOTION for Hearing . The hearing set for 7/5/05 is cancelled.( Signed by Judge B. Janice Ellington ) Parties notified.(drodriguez, ) (Entered: 06/22/2005)
28 MEMORANDUM AND RECOMMENDATIONS re 18 MOTION for Summary JudgmentRecommendation: that deft's motion for summary judgment be denied and pltff be allowed to proceed with its causes of action against deft. Objections to M&R due by 7/13/2005 or within 10 days of receipt of M & R.( Signed by Judge B. Janice Ellington ) Parties notified. (lcayce, ) (Entered: 06/28/2005)
29 JOINT NOTICE of Pending Settlement by all parties, filed. (lcayce, ) (Entered: 07/13/2005)

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

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07/29/2005 08/17/2005
08/24/2005 09/15/2005
10/17/2005 10/17/2005

30 ORDER denying as moot 18 Motion for Summary Judgment .( Signed by Judge Hayden Head ) Parties notified.(lcayce, ) (Entered: 08/01/2005)
31 Joint MOTION for Extension of Time to file Final Settlement Documents by Equal Employment Opportunity Commission, Cash & Go Ltd, filed. Motion Docket Date 9/6/2005. (Attachments: # 1 Proposed Order)(Hamren, Nancy) (Entered: 08/17/2005)
32 ORDER granting 31 Motion for Extension of Time . ( Signed by Judge Hayden Head ) Parties notified.(drodriguez, ) (Entered: 08/25/2005)
33 Joint MOTION for Entry of Order by all parties, filed. Motion Docket Date 10/5/2005. (Attachments: # 1 Proposed Final Judgment and Order Entering Consent Decree# 2 Proposed Consent Decree)(Hamren, Nancy) (Entered: 09/15/2005)
34 FINAL JUDGMENT AND ORDER ENTERING CONSENT DECREE .( Signed by Judge Hayden Head ) Parties notified.(drodriguez, ) (Entered: 10/18/2005)
35 ORDER/CONSENT DECREE .( Signed by Judge Hayden Head ) Parties notified.(drodriguez, ) (Entered: 10/18/2005)

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