IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND..ODESSA DIVISION

FILED
APR - 8 2005

ABEL ARMENDARIZ,
Plaintiff,
VS.
RIG MOVERS EXPRESS, INC. ENDEAVOR ENERGY RESOURCES, INC.
Defendant.

§ § § § CIVIL ACTION NO. M005CVOIO § § § § §

PLAINTIFF, ABEL ARMENDARIZ'S, FIRST AMENDED COMPLAINT AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Abel Annendariz, hereinafter called Plaintiff, complaining ofand about Rig

Movers Express, Inc. and Endeavor Energy Resources, hereinafter called Defendants, and for cause

ofaction shows unto the Court the following:

PARTIES AND SERVICE

1. PlaintiffAbel Annendariz, is a citizen ofthe United States and the State ofTexas and

resides in Ector County, Texas.

2. Defendant Endeavor Energy Resources, a Limited Liability Company based in Texas,

may be served with process by serving the registered agent ofsaid company, Autry C. Stephens, at

110 N. Marienfeld, Suite 200, Midland, Texas 79701, its registered office. Service ofsaid Defendant

as described above can be eirected by certified mail, return receipt requested. Upon reason and belief,

plaintiffwould assert that Rig Movers, Inc. is a subsidiary ofDefendant Endeavor Energy Resources,

thus making service of process unnecessary upon service ofthe latter.

JURISDICTION

3. The action arises under 42 U. S. C. Section 2000e (k) as hereinafter more fully appears.

1

4. This Court has supplemental jurisdiction over state law claims discussed below under 28 U.S.C. Section 1367(a) because they arise out ofthe same case or controversy.
NATURE OF ACTION 5. This is an action under Title 42 U.S.C. Section 2000e et. seq. and 42 U.S.C. Section 1981 as amended by the Civil Rights Act of 1991 to correct unlawful employment practices on the basis ofrace and color.
CONDITIONS PRECEDENT 6. All conditions precedent to jurisdiction have occurred or been complied with: a charge ofdiscrimination was filed with the Equal Employment Opportunity Commission within three hundred days ofthe acts complained ofherein and Plaintifl:'s Complaint is filed within ninety days of Plaintifl:'s receipt of the Equal Employment Opportunity Commission's issuance of a right to sue letter.
FACTS 7. The Plaintiff had been employed by the defendants from approximately September 2001 until his termination on March 29, 2004. During course of said employment, plaintiff was caused to suffer repeatedly from malicious verbal attacks and other acts constituting harassment by supervisor under the employ ofDefendant. Defendant's employees supervising plaintiffmade racial slurs on a weekly basis referring to plaintiff: an African American, as a 'nigger.' Plaintiff's supervisor also made numerous racial jokes at the expense of plaintiff referring to African Americans as 'monkeys.' 8. The Defendant also forced the plaintiff to commit illegal acts by operating his truck for more continuous hours than federal or state law allowed. Plaintiff was ticketed for being over his hours in his log books and ultimately had his license suspended. The defendants paid to reinstate
2

his license and forced plaintiff to continue driving in excess of lawful trucking hours. Plaintiff, however, refused to work in violation oflaw after his license was suspended. When plaintiffrefused, defendant discontinued payment to plaintiff on certain hours worked on location and forced plaintiff to go on shorter trucking runs as opposed to long runs. Defendant would also send the plaintiffhome which resulted him being without pay. Further, defendant would send plaintiffon overnight jobs, but would refuse to pay him for much of the time he was gone. Defendants actions were due to racial discrimination, as well as plaintiffs refusal to violate the law. On or about March 29,2004, plaintiff was terminated after he protested non-payment for hours worked.
RESPONDEAT SUPERIOR
9. Whenever in this complaint it is alleged that the Defendants did any act or thing, it is meant that the Defendants' officers, agents, servants, employees, or representatives did such act and/or that at that time such act was done, it was done with the full authorization or ratification of the Defendant or was done in the normal and routine course and scope ofemployment ofDefendants, officers, agents, servants, employees, or representatives.
RACE AND COLOR DISCRIMINATION 10. Defendant, Endeavor Energy Resources, intentionally engaged ill unlawful employment practices involving Plaintiff because ofhis race and color. 11. Defendant, Endeavor Energy Resources, intentionally discriminated against Plaintiff in connection with the compensation, terms, conditions and privileges of employment or limited, segregated or classified Plaintiff in a manner that would deprive or tend to deprive him of any employment opportunity or adversely affect his status because ofPlaintifl's race and color in violation of42 U.S.C. Section 2000e (2)(a). 12. Defendant, Endeavor Energy Resources, intentionally classified Plaintiff in a manner
3

that deprived him of an equal employment opportunity that was provided to other non-black employees similarly situated in violation of42 U.S.C. Section 2000e (2)(a).
13. Defendant, Endeavor Energy Resources, also violated Plaintiffs rights under 42 U.S.C. Section 1981.
HOSTILE WORK ENVIRONMENT 14. Defendants violated Title VII of the Civil Rights Act of 1964 by creating a hostile work environment by repetitive use ofracial slurs and also by firing him because ofhis race.
REFUSAL TO PERFORM ILLEGAL ACTS 15. Defendant required plaintiff to engage in unlawful trucking operation by driving the company truck longer that lawfully allowed as detailed in the fact portion of plaintiffs complaint. Plaintiff reasonably and in good faith believed that such an act was illegal. When Defendant refused to engage in such practices and informed his employer he would not do so, plaintiffsuffered cut backs in his hours and ultimately was terminated for refusing to commit illegal acts under Texas, federal or municipal law. As a proximate result ofplaintiffs refusal to commit what plaintiff believed to be an illegal act, plaintiff was terminated. Plaintiff suffered damages for which Plaintiff herein sues.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS BY ENDEAVOR ENERGY RESOURCES AND RIG MOVERS 16. Defendant Endeavor Energy Resources intentionally or recklessly harassed the plaintiff in the form ofracial slurs. Defendant's conduct was extreme and outrageous and proximately caused Plaintiff severe emotional distress. Plaintiff suffered damages for which Plaintiff herein sues.
DAMAGES 17. Plaintiff sustained the following damages as a result ofthe actions and/or omissions of Defendant described hereinabove:
a. Actual damages;
4

,
b. Back pay from the date that PIaintiffwas denied equal pay for equal work and interest on the back pay in an amount to compensate Plaintiff as the Court deems equitable and just;
c. All reasonable and necessary Attorney's fees incurred by or on behalf of Plaintiffin pursuit ofthis suit;
d. All reasonable and necessary costs incurred in pursuit ofthis suit; e. Emotional pain; f. Expert fees as the court deems appropriate; g. Front pay in an amount the Court deems equitable and just to make plaintiff
whole; h. Loss ofearnings in the past i. Loss ofearning capacity which will in all probability, be incurred in the future; j. Loss of benefits k. Mental anguish in the past; and 1. Mental anguish in the future.
EXEMPLARY DAMAGES 18. Plaintiffwould further show that the acts and omissions ofDefendants complained of herein were committed with malice or reckless indifference to the protected rights ofthe Plaintiff. In order to punish said Defendants for engaging in unlawful business practices and to deter such actions and lor omissions in the future, Plaintiff also seeks recovery from Defendants for exemplary damages.
PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, Abel Armendariz, respectfully prays
5

that the Defendant be cited to appear and answer herein, and that upon a final hearing ofthe cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits ofthe Court; together with interest as allowed by law; costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.
426 N. Texas Odessa, Texas 79761 Tel. (432)580-0808 Fax. (432)580-3740 Attorney for Plaintiff, Abel Armendariz PLAINTIFF HEREBY DEMANDS TRIAL BY JURY CERTIFICATE OF SERVICE I certifY that on April 8, 2005, a true and correct copy ofPlaintiffs First Amended Complaint was served by certified mail, return receipt requested on C.H. Hal Brockett, Jr., P.O. Box 1841, Midland, Texas 79702.
6

 
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS MIDLAND-ODESSA DIVISION

FILED
MAR 24 2006

ABEL ARMENDARIZ,

)

)

Plaintiff

)

)

v.

)

)

RIG MOVERS EXPRESS, INC.,

)

ENDEAVOR ENERGY RESOURCES, INC., )

)

Defendants.

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff

)

)

v.

)

)

ENDEAVOR ENERGY RESOURCES, L.P. )

D/B/A RIG MOVERS EXPRESS,

)

)

Defendant.

)

CLERK, WESTER
BY ---t=~~~..........
CIVIL ACTION NO. MO-05-CV-OI0

CONSENT DECREE

The parties to this Consent Decree are Plaintiff United States Equal Employment

Opportunity Commission ("EEOC") and Defendant Endeavor Energy Resources, L.P. d/b/a! Rig

Movers Express ('~Defendant"). This Consent Decree resolves Plaintiff EEOC's claims in the

above-referenced Civil Action No. MO-05-CV-010. Plaintiff EEOC initiated its lawsuit

pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq.

("Title VII"), and Title I of the Civil Rights Act of 1991,42 U.S.C. §1981a.

Plaintiff EEOC's Complaint in this lawsuit asserts unlawful employment practices on the

basis of race, and seeks to provide relief to Abel Armendariz, who was allegedly adversely

affected by those employment practices. More specifically, Mr. Armendariz is Black, and

Plaintiff EEOC alleges, in its Complaint, that he was subjected to discrimination, in violation of Title VII, when he was subjected to a hostile work environment, during his employment with Defendant, because of his race.
Plaintiff EEOC and Defendant wish to settle the claims raised by Plaintiff EEOC in 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 of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the filing of this action have been met. Plaintiff EEOC's Complaint states claims on behalf of Abel Armendariz which, if proved, would authorize this Court to grant relief against Defendant, pursuant to Title VII. 2. This Consent Decree resolves all issues raised in Plaintiff EEOC's Complaint in this case. Plaintiff EEOC waives further litigation of all issues raised in the above-referenced Complaint. Plaintiff EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending, or may in the future be filed against Defendant. 3. The duration of this Consent Decree shall be two years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Consent Decree, and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of this Consent Decree by Defendant andlor its agents or assigns, shall toll the running of this two year period as of the date of the violation. If the Court subsequently determines this Consent Decree was violated, the two 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.
2

4. Defendant, in settlement of Plaintiffs' claims in this dispute, shall pay to Abel Armendariz, the sum total of$57,500. The payment to Mr. Armendariz shall be sent directly to Mr. Armendariz' counsel of record, Spencer Dobbs, at the following address: 426 N. Texas, Odessa, TX 79761. A copy of any 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, TX 78229. 5. In providing employment references regarding Abel Armendariz, Defendant shall not make any mention of the filing of Plaintiff EEOC's Complaint, or the underlying charge of discrimination filed by Abel Armendariz. 6. Defendant shall expunge the personnel files of Abel Armendariz of any and all documents relating to the EEOC charge which he filed, and of any and all documents relating to Plaintiff EEOC's Complaint. 7. Defendant and its officers, employees, servants, successors, and assigns, are enjoined, during the term of this Consent Decree, from discriminating against any employee on the basis of race. The conduct enjoined includes subjecting any employee, or allowing any employee to be subjected, to a hostile work environment, because of race. 8. Defendant and its agents, officers, employees, servants, successors, and assigns, are also enjoined, during the term of this Consent Decree, from retaliating in any manner whatsoever against Abel Armendariz and/or any other past, present, or future employee, who pursues a claim pursuant to Title VII, or who files a discrimination charge, gives testimony, or assistance, or participates in any manner in any investigation, proceeding, hearing, or action under Title VII. 9. Defendant and its agents, officers, employees, servants, successors, and assigns, shall provide its employees with a place of employment free of discrimination on the basis of race.
3

10. Defendant and its agents, officers, employees, servants, successors, and assigns, shall post a notice regarding its practices and policies against discrimination and retaliation against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit "A," which is attached to this Consent Decree. A copy of Exhibit "A" shall be posted on all employee bulletin boards, and other areas where employees are likely to congregate. The notice shall be posted within ten (10) days of the filing date of the Consent Decree, and shall remain posted for the duration of this Consent Decree. 11. Defendant shall disseminate a notice to all employees re-affirming its intent to comply with all EEOC requirements, re-affirming any policy manual provision regarding its policy not to discriminate on the basis of race, or any other protected characteristic, and its policy not to retaliate against any employee who protests against discrimination, and including with said notice, a copy of Exhibit "A," requesting that each employee sign and return an acknowledgment that they have received said notice. 12. To further the ends of this Consent Decree, within one hundred eighty (180) days of the entry of this Decree, every managerial employee of Defendant shall participate in no less than four (4) hours of equal employment opportunity compliance training. This training shall: (a) explain the law relating to discrimination in employment based on race, including but not limited to, hostile work environments based on race; and (b) explain the damaging effects of discrimination based on race, to victims, their families, their co-workers, and the workplace environment. In addition, the training shall teach non-discriminatory work and management techniques when interfacing or interacting with other employees, and the responsibilities of supervisory employees and human resources personnel to provide prompt and effective reHefto individuals who complain of discrimination based on race. Within 30 days prior to the date
4

scheduled for this training, Defendant shall furnish to Plaintiff EEOC a written report describing

the training to be attended by its managerial employees, identifying the instructor(s) and

describing their qualifications to conduct such training, and Plaintiff EEOC shall have the right,

within ten days of its receipt of this information, to disapprove the training and the instructor.

13. Plaintiff EEOC shall have the right to ensure compliance with the terms of this Consent

Decree and may, upon at least five (5) business days notice to Michael Short, General Counsel of

Defendant, and during regular business hours: (a) conduct inspections of any facility belonging

to Rig Movers Express; (b) interview employees of Rig Movers Express; and (c) examine and

copy relevant documents.

14. The terms of this Consent Decree shall be binding upon Plaintiff EEOC and Defendant,

its agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.

15. Each party shall bear its own costs, including attorneys' fees incurred in this action.

16. The parties agree that there is no prevailing party in this action or proceeding as between

Plaintiff EEOC and Defendant, and that this Consent Decree is entered into for the purpose of

settlement only and shall not be deemed to be an admission on the part of any party.

The Clerk shall furnish a copy hereof to each attorney of record.

SO ORDERED.

~ Signed this

day of

,2006.

ROB RTJUNELL UNITED STATES

5

~ c. H. (~ HAL)~ BRO ~~' iV\
Texas State Bar No.
BROCKETT & ROGERS
TGAAR Tower
24 Smith Road, Suite 400 Midland, TX 79705
Telephone: (432) 686-7743 Telecopier: (432) 683-6229
ATTORNEYS FOR DEFENDANT

Respectfully submitted,
JAMES 1. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT CANINO Regional Attorney Oklahoma State Bar No. 011782
ROBERT B. HARWIN Associate Regional Attorney District of Columbia State Bar No. 076083
JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300
Trial Attorney Texas State Bar No. 00795741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EL PASO AREA OFFICE
300 E. Main, Suite 500 El Paso, TX 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701
ATTORNEYS FOR PLAINTIFF EEOC

6

Flb-Z7-06 03:13pm FrDII-
Dated: - - -
BROCKETI & ROGERS
TOAAR Tower
24 Smith Road, Suite 400 Midlan~ 'IX 79705
Telephone: (432) 686-7743 Telecopier: (432) 683-6229
ATIORNEYSFORDEFENDANT

1-367 P.Oll/014 F-452
Respectfully submitted, JAMES L. LEE Deputy General Counsel OWENDOLYN YOUNG REAMS Associate Genera1 Counsel ROBERT CANINO Regional Attorney Oklahoma State Bar No. 011782 ROBERT B. HARWIN Associate Regional Attorney District of Columbia State Bar No. 076083
JUDITH G. TAnOR
Supervisory Trial Attorney Texas State Bar No. 19708300
EQUAL EMPLOYMENT OPPORtUNITY
COMMISSION EL PASO AREA OFFICE
300 E. M.ai.n, Suite 500 E1 Paso, TX 7990 I
Telephone: (9IS) 534-6676 Facsimile: (915) 534-6701
ATTORNEYS FORPLAll{nFFEEOC

6

ATTACHMENT A

NOTICE TO ALL EMPLOYEES
ENDEAVOR ENERGY RESOURCES, L.P. D/B/A RIG MOVERS EXPRESS IS FIRMLY COMMITTED TO TREATING EMPLOYEES ACCORDING TO MERIT, WITHOUT REGARD TO THEIR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY, OR THEIR HAVING ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. ENDEAVOR ENERGY RESOURCES, L.P. D/B/A RIG MOVERS EXPRESS WILL NOT TOLERATE WORK ENVIRONMENTS WHICH ARE HOSTILE FOR EMPLOYEES, BECAUSE OF THEIR RACE. ENDEAVOR ENERGY RESOURCES, L.P. D/B/A RIG MOVERS EXPRESS WILL NOT TOLERATE RETALIATION AGAINST ANY EMPLOYEE WHO PURSUES A CLAIM OF RACE DISCRIMINATION.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, SEX, AGE, DISABILITY OR NATIONAL ORIGIN, INCLUDING BEING SUBJECTED TO A WORK ENVIRONMENT WHICH YOU FIND HOSTILE, BECAUSE OF YOUR RACE, YOU HAVE THE PROTECTED RIGHT TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, WHICH IS ALSO KNOWN AS THE EEOC. THE CLOSEST EEOC OFFICE IS LOCATED AT 300 E. MAIN, SUITE 500, EL PASO, TEXAS, 79901. THE PHONE NUMBER FOR THAT OFFICE IS (915) 534-6700. YOU MAY ALSO REACH THE EEOC THROUGH THE FOLLOWING 800 NUMBER: 1-800-6694000. NO RETALIATORY ACTION WILL BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE FROM, FILING A CHARGE WITH, OR COMMUNICATING WITH THE EEOC.
THE EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION AGAINST PEOPLE, BECAUSE THEY ARE FORTY YEARS OLD, OR OLDER, THE EQUAL PAY ACT, SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE WORKPLACE.

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION

FILED

§

ABEL ARMENDARIZ,

§

Plaintiff

§

§

v.

§

§

RIG MOVERS EXPRESS, INC.,

§

ENDEAVOR ENERGY RESOURCES,

§

INC.,

§

Defendant

§

§

§

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff

§

v.

§

§

ENDEAVOR ENERGY RESOURCES, L.P. §

D/B/A RIG MOVERS EXPRESS,

§

Defendant.

§

ORDER GRANTING PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION'S MOTION TO COMPEL DISCOVERY

Before the Court is Plaintiff Equal Employment Opportunity Commission's (EEOC) Motion to

Compel Discovery. Having considered the Motion, this Court is ofthe opinion that the Motion should

be GRANTED.

IT IS THEREFORE ORDERED that Defendant Endeavor Energy Resources, L.P. must fully

respond to Plaintiff EEOC's Interrogatory Nos. 1 and 2, and must fully respond to Plaintiff EEOC's

Request for Production No.8, within ten (10) days of this order.

Signed on this J.11J-....day of January, 2006.

ry\

L. Stuart Platt United States Magistrate Judge Western District of Texas

" - - - - - - - - - - - - - - - - -"-----"-

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION

FILED

ABEL ARMENDARIZ, Plaintiff,
VS.
ENDEAVOR ENERGY RESOURCES, Defendant.

JAN 1 9 2005
§

§

§

BY ____~~~~~~

§ CIVIL ACTION NO. _ _ _ _ ERK

§ §

MOO c

§

PLAINTIFF. ABEL ARMENDARIZ'S. ORIGINAL COMPLAINT AND JURY DEMAND

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Abel Armendariz, hereinafter called Plaintiff, complaining of and about

Endeavor Energy Resources, hereinafter called Defendant, and for cause of action shows unto the

Court the following:

PARTIES AND SERVICE

1. PlaintiffAbel Armendariz, is a citizen ofthe United States and the State ofTexas and

resides in Ector County, Texas.

2. Defendant Endeavor Energy Resources, a Limited Liability Company based in Texas,

may be served with process by serving the registered agent of said company, Autry C. Stephens, at

lION. Marienfeld, Suite 200, Midland, Texas 79701, its registered office. Service ofsaid Defendant

as described above can be effected by certified mail, return receipt requested.

JURISDICTION

3. The action arises under 42 U.S.C. Section2000e (k) as hereinafter more fully appears.

4. This Court has supplemental jurisdiction over state law claims discussed below under

1
\

28 U.S.C. Section 1367(a) because they arise out of the same case or controversy. NATURE OF ACTION
5. This is an action under Title 42 U.S.C. Section 2000e et. seq. and 42 U.S.c. Section 1981 as amended by the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and color.
CONDITIONS PRECEDENT 6. All conditions precedent to jurisdiction have occurred or been complied with: a charge of discrimination was filed with the Equal Employment Opportunity Commission within three hundred days of the acts complained of herein and Plaintiff's Complaint is filed within ninety days of Plaintiff's receipt of the Equal Employment Opportunity Commission's issuance of a right to sue letter.
FACTS 7. The Plaintiff had been employed by the defendant from approximately September 2001 until his termination on March 29, 2004. During course of said employment, plaintiff was caused to suffer repeatedly from malicious verbal attacks and other acts constituting harassment by supervisor under the employ of Defendant. Defendant discontinued payment to plaintiff on certain hours worked on location. On or about March 29,2004 plaintiff was terminated after he protested non-payment for hours worked.
RACE AND COLOR DISCRIMINATION 8. Defendant, Endeavor Energy Resources, intentionally engaged In unlawful employment practices involving Plaintiff because of his race and color. 9. Defendant, Endeavor Energy Resources, intentionally discriminated against Plaintiff
2

in connection with the compensation, terms, conditions and privileges of employment or limited, segregated or classified Plaintiff in a manner that would deprive or tend to deprive him of any employment opportunity or adversely affect his status because of Plaintiffs race and color in violation of 42 U.S.C. Section 2000e (2)(a).
10. Defendant, Endeavor Energy Resources, intentionally classified Plaintiffin a manner that deprived him of an equal employment opportunity that was provided to other non-black employees similarly situated in violation of 42 U.S.C. Section 2000e (2)(a).
11. Defendant, Endeavor Energy Resources, also violated Plaintiffs rights under 42 U.S.C. Section 1981.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS BY ENDEAVOR ENERGY RESOURCES
12. Defendant Endeavor Energy Resources intentionally or recklessly harassed the plaintiff in the form of racial slurs. Defendant's conduct was extreme and outrageous and proximately caused Plaintiff severe emotional distress. Plaintiff suffered damages for which Plaintiff herein sues.
DAMAGES 13. Plaintiff sustained the following damages as a result ofthe actions and/or omissions of Defendant described hereinabove:
a. Actual damages; b. All reasonable and necessary Attorney's fees incurred by or on behalf of
Plaintiff; c. All reasonable and necessary costs incurred in pursuit of this suit;
3

."

II

d. Emotional pain; e. Mental anguish in the past; and f. Mental anguish in the future.
PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, Abel Armendariz, respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the Court; together with interest as allowed by law; costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity.
Respectfully submitted,

426 N. Texas Odessa, Texas 79761 Tel. (432)580-0808 Fax. (432)580-3740 Attorney for Plaintiff Abel Armendariz
PLAINTIFF HEREBY DEMANDS TRIAL BY JURY
4

 
 Case 7:05-cv-00010-RAJ Document 10 Filed 08/08/05 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION

FILED
AUG - 8 2005

ABEL ARMENDARIZ,

§

Plaintiff

§

§

v.

§

§

RIG MOVERS EXPRESS, INC.,

§

ENDEAVOR ENERGY RESOURCES,

§

INC.,

§

Defendant

§

MO-05-CV-IO /

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff

§

v.

§

§

ENDEAVOR ENERGY RESOURCES, L.P. §

D/B/A RIG MOVERS EXPRESS,

§

Defendant

§

M 0 - 0 5 - C V-96

ORDER TO CONSOLIDATE Before the Court is the First Amended Agreed Motion to Consolidate, filed by Plaintiff Abel Annendariz on July 13, 2005, in cause number MO-05-CV-10. After due consideration, the Court is ofthe opinion that the matter filed under cause number MO-05-CV-96 shall be CONSOLIDATED with the action filed under cause number MO-05-CV-10. Cause number MO-05-CV-10 shall be the lead cause number in the action. Further, the Amended Scheduling Order entered on this day under separate order shall be applied to the consolidated cases. Therefore, because MO-05-CV-10 and MO-05-CV-96 involve common questions oflaw and fact, and the consolidation ofthese cases will eliminate amultiplicity ofsuits, minimize the expense

1 K:ITextISCOOPERICivl!\Annendanz EEOC.MO-05-CV-JO & 96lconsolidate.wpd

Case 7:05-cv-00010-RAJ Document 10 Filed 08/08/05 Page 2 of 2

oflitigation, and speed the disposition ofactions, the Court is ofthe opinion that the two cases shall

be consolidated. The Court finds that no prejudice to the parties will result from the consolidation

of these two cases. Moreover, the Court is ofthe opinion that the two cases shall be consolidated

under cause number MO-05-CV -10. Accordingly,

It is hereby ORDERED that cause number MO-05-CV-10 and cause number MO-05-CV-96

are consolidated under cause number MO-05-CV-10.

It is FURTHER ORDERED that cause number MO-05-CV-10 shall be the lead cause

number and all future pleadings shall be filed under that number.

It is FINALLY ORDERED that the Scheduling Order filed under separate order on this day

shall control the consolidated proceedings.

</ SIGNED this

day of AUGUST, 2005.

tes District Judge Western District of Texas

2 K·ITextISCOOPERICivil\Annendariz.EEOC.MO·OS·CY·10 & 96lconsohdate. wpd

 
 Case 7:05-cv-00010-RAJ Document 17 Filed 01/04/06 Page 1 of 6

MIDLAND-ODESSA DIVISION

)

)

)

)

)

)

v.

)

)

RIG MOVERS EXPRESS, INC.,

)

ENDEAVOR ENERGY RESOURCES, INC., )

)

Defendants.

)

CIVIL ACTION NO. MO-05~CV-OlO

PROTECTIVE ORDER

Upon motion of all the parties for a Protective Order pursuant to Rule 26(c) of the

Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that:

1. All Classified Information produced or exchanged in the course of this litigation shall be used solely for the purpose of preparation and trial of this litigation and for no other purpose whatsoever and shall not be disclosed to any person except in accordance with the terms hereof.

2. "Classified Information," as used herein, means any information of any type, kind or

character which is designated as "Confidential" or "For Counsel Only" (or "Attorneys'

Eyes Only") by any of the supplying or receiving parties, whether it be a document, i .

information contained in a document, information revealed during a deposition, ..

information revealed in an interrogatory answer or otherwise. In designating information

:1"
~.-

"(.'..o. _n..f_i...r_l_f..'_n...t...iM:...1..,.1..."...o.. -r

"F.....o... "r"

(_'o.l..1...n....<....;..:..p....l..

n_ 4n4h. ;r "

(, o......r..

"A.....t..t...o...r...n....". _,,J,,..,...'......P.....".1".,....,..,.,

n"".n-...l.A,J,"" ) -!l

tY" 'I_! 4l r"tJu

mf' ill•.a..l

ITI!lV'"
.1. ...... _ . " .....

such designation only as to the information that it in good faith believes contains

confidential information. Information or material which is available to the public,

including catalogues, advertising materials, and the like, shall not be classified.

3. "Qualified Persons," as used herein means:

a. Attorneys of record for thc parties in this litigation and employees of such
attorneys to whom it is necessary that the material be shown for purposes of this litigation;

\~

b. Actual or potential independent technical experts or consultants who have been

Case 7:05-cv-00010-RAJ Document 17 Filed 01/04/06 Page 2 of 6

designated in writing by notice to all counsel prior to any disclosure of "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information to such persons and who have signed a document agreeing to be bound by the terms of this protective order (such signed document to be filed with the Clerk of this Court by the attorney retaining such person);

c. The party or one party representative (in cases where the party is a legal entity) who shall be designated in writing by the party prior to any disclosure of "Confidential" information to such person and who shall sign a document agreeing to be bound by the terms of this protective order (such signed document to be filed with the Clerk of this Court by the party designating such person); and

d. If this Court so elects, any other person may be designated as a Qualified Person by order of this Court after notice and hearing to all parties.

4. Documents produced in this action may be designated by any party or parties as "ConfidentiaP' or "For Counsel Only" (or "Attorneys' Eyes Only") information by marking each page of the document(s) so designated with a stamp stating "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only"). In lieu of marking the original ofa document, if the original is not produced, the designating party may mark the copies that are produced or exchanged. Originals shall be preserved for inspection.

5. Information disclosed at (a) the deposition of a party or one of its present or former

officers, directors, employees, agents or independent experts retained by counsel for the

purpose of this litigation, or (b) the deposition ofa third party (which information

pertains to a party) may be designated by any party as "Confidential" or "For Counsel

Only" (or "Attorneys' Eyes Only") information by indicating on the record at the

deposition that the testimony is "Confidential" or "For Counsel Only" (or"Attorneys'

Eyes Only") and is subject to the provisions of this Order. Any party may also designate

information disclosed at such deposition as "Confidential" or "For Counsel Only" (or

"Attorneys' Eyes Only") by notifying all of the parties in writing within thirty (30) days

of receipt of the transcript of the specific pages and lines of the transcript which should

be treated as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only")

thereafter. Each party shall attach a copy of such written notice or notices to the face of

the> h'Cln\l"rint Cl'1r1 PClf'h ('f"Irm thprpf"If in hi" nn\l.;:p.;:"inn nr (,f"Intrf"ll AII r1pn()"itirm ""'_........'" .... {,l1.;:tf"lrhr --1'"''''' ...................... ... .....1..1."" ~JL""''''J.U''''J..I.t'\> \.4~,."""

'\Jt-'J .. _J .L.L_ .... _"" ........... "' .......... ,t"' .................................... ,." --..., ........

VoL ................................. 4

transcripts shall be treated as "For Counsel Only" (or "Attorneys' Eyes Only") for a

period of thirty (30) days after the receipt of the transcript. To the extent possible, the

court reporter shall segregate into separate transcripts information designated as

"Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") with blank,

consecutively numbered pages being provided in a non·designated main transcript. The

separate transcript containing "Confidential" and/or "For Counsel Only" (or "Attorneys'

Eyes Only") information shall have page numbers that correspond to the blank pages in

the main transcript.

6. a. "Confidential" information shall not be disclosed or made available by the receiving party to persons other than Qualified Persons. Information designated as

Case 7:05-cv-00010-RAJ Document 17 Filed 01/04/06 Page 3 of 6
"For Counsel Only" (or "Attorneys' Eyes Only") shall be restricted in circulation to Qualified Persons described in Paragraphs 3(a) and (b) above.
b. Copies of "For Counsel Only" (or "Attorneys' Eyes Only") information provided to a receiving party shall be maintained in the offices of outside counsel for Plaintiff(s) and Defendant(s). Any documents produced in this litigation, regardless of classification, which are provided to Qualified Persons of Paragraph 3(b) above, shall be maintained only at the offices of such Qualified Person and only working copies shall be made of any such documents. Copies of documents produced under this Protective Order may be made, or exhibits prepared by independent copy services, printers or illustrators for the purpose of this litigation.
c. Each party's outside counsel shall maintain a log of all copies of "For Counsel Only" (or "Attorneys' Eyes Only") documents which are delivered to anyone or more Qualified Persons of Paragraph 3 above.
7. Documents previously produced shall be retroactively designated by notice in writing of the designated class of each document by Bates number within thirty (30) days of the entry of this order. Documents unintentionally produced without designation as "Confidential" may be retroactively designated in the same manner and shall be treated appropriately from the date written notice of the designation is provided to the receiving party. Documents to be inspected shall be treated as "For Counsel Only" (or "Attorneys' Eyes Only") during inspection. At the time of copying for the receiving parties, such inspected documents shall be stamped prominently "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") by the producing party.
8. Nothing herein shall prevent disclosure beyond the terms of this order if each party designating the information as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") consents to such disclosure or, if the court, after notice to all affected parties, orders such disclosures. Nor shall anything herein prevent any counsel of record from utilizing "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information in the examination or cross-examination of any person who is indicated on the document as being an author, source or recipient of the "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information, irrespective of which party produced such inforn1ation.
9. A party shall not be obligated to challenge the propriety of a designation as "Confidential" or "[<'or Counsel Only" (or "Attorneys' Eyes Only") at the time made, and a failure to do so shall not preclude a subsequent challenge thereto. In the event any party to this litigation disagrees at any state of these proceedings with the designation by the designating party of any information as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") or the designation of any person as a Qualified Person, the parties shall first try to resolve such dispute in good faith on an informal basis, such as by production of redacted copies. If the dispute cannot be resolved, the objecting party may invoke this Protective Order by objecting in writing to the party who has designated the document or information as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes
3

Case 7:05-cv-00010-RAJ Document 17 Filed 01/04/06 Page 4 of 6
Only"). The designating party shall be required to move the Court for an order preserving the designated status of such information within fourteen (14) days of receipt of the written objection, and failure to do so shall constitute a termination of the restricted status of such item. The parties may, by stipulation, provide for exceptions to this order and any party may seek an order of this Court modifying this Protective Order.
10. Nothing shall be designated as "For Counsel Only" (or "Attorneys' Eyes Only") information except information of the most sensitive nature which, if disclosed to persons of expertise in the area, would reveal significant technical or business advantages of the producing or designating party, and which includes as a major portion subject matter which is believed to be unknown to the opposing party or parties, or any of the employees of the corporate parties. Nothing shall be regarded as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information if it is information that either:
a. is in the public domain at the time of disclosure, as evidenced by a written document;
b. becomes part of the public domain through no fault of the other party, as evidenced by a written document;
c. the receiving party can show by written document that the information was in its rightful and lawful possession at the time of disclosure; or
d. the receiving party lawfully receives such information at a later date from a third party without restriction as to disclosure, provided such third party has the right to make the disclosure to the receiving party.
11. In the event a party wishes to use any "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information in any affidavits, briefs. memoranda of law, or other papers filed in Court in this litigation, such "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information used therein shall be filed under seal with the Court.
12. The Clerk of this Court is directed to maintain under seal all documents and transcripts of deposl i"'" .L.A."" .... 't;nn tc>"t;rrlnnu <In,-j <In"",,,, ..,, ;nt"'...."o<lt" .. <lrl"",j""j"n" <lnrl At1,,,,,, t"Il",,,,rlinrrc filprl t " P4"",,"""J,J.btrJ \..&.V.l.l ",",~"'J..L1J.V.lJ.J """-.1."\.... ....."" ...1.,) ,. "",J..u It.V .I-.l ...."""J..lVbWI.V.l.J..'-"o.J, t..4YJ..L.l.J.tJo.J.lVJ..J.1.) U.lJ.'-f. VII,.L.I.""" ... under seal with the Court in this litigation which have been designated in whole or in part as "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information by a party to this action.
13. Unless otherwise agreed to in writing by the parties or ordered by the Court, all proceedings involving or relating to documents or any other information shall be subject to the provisions of this order.
14. The confidential material disclosed in this litigation is to be preserved as confidential both during and after final disposition of this litigation, except (a) there shall be no restriction on documents that are used as exhi bits in Court, unless such exhibits were
4

Case 7:05-cv-00010-RAJ Document 17 Filed 01/04/06 Page 5 of 6
filed under seal, and (b) a party may seek either the written permission of the producing party or order of the Court with respect to dissolution or modification of such protective orders. 15. This order shall not bar any attorney herein in the course of rendering advice to his client with respect to this litigation from conveying to any party client his evaluation in a general way of "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information produced or exchanged herein; provided, however, that in rendering such advice and otherwise communicating with his client, the attorney shall not disclose the specific contents of any "Confidential" or "For Counsel Only" (or "Attorneys' Eyes Only") information produced by another party herein, which disclosure would be contrary to the terms of this Protective Order. 16 Any party designating any person as a Qualified Person shall have the duty to reasonably ensure that such person observes the terms of this Protective Order and shall be responsible upon breach of such duty for the failure of such person to observe the terms of this Protective Order. SIGNED and ENTERED this ) day of
STRICT JUDGE
5

Case 7:05-cv-00010-RAJ Document 17 Filed 01/04/06 Page 6 of 6

Dated: - - - -
BROCKETT & ROGERS TGAAR Tower 24 Smith Road, Suite 400 P.O. Box 1841 Midland, TX 79702
Telephone: (432) 686-7743 Tclecopier: (432) 683-6229 ATTORNEYS FOR DEFENDANT

Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOL YN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia State Bar No. 076083
mDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300
Trial Attorney Texas State Bar No. 00795741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EI Paso Area Office 300 E. Main, Suite 500 El Paso, TX 79901
Telephone: (915) 534-6676 Telecopier: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

(j

\

~

I i

-sp~~~:~; D~ob~bs ~I -L-~

Texas Bar No. ~0793624

426 N. Texas

Odessa, Texas 79761

Tel. (432) 580-0808

Fax. (432)580-3740

Attorney for Plaintiff 6

 
 Case 7:05-cv-00010-RAJ Document 26 Filed 03/02/06 Page 1 of 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS MIDLAND-ODESSA DIVISION

FILED

ABEL ARMENDARIZ,

)

)

Plaintiff

)

)

v.

)

)

RIG MOVERS EXPRESS, INC.,

)

ENDEAVOR ENERGY RESOURCES, INC., )

)

Defendants.

)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff

)

)

v.

)

)

ENDEAVOR ENERGY RESOURCES, L.P. )

DIBIA RIG MOVERS EXPRESS,

)

)

Defendant.

)

MAR M 2 2006
CLERK, U.S. WESTERN DI
BY ----I...,~~~.,....
CIVIL ACTION NO. MO-05-CV-OIO

ORDER GRANTING PARTIES' JOINT MOTION FOR DISMISSAL AND FOR ENTRY OF CONSENT DECREE

Having considered the Parties' Joint Motion For Dismissal And For Entry of Consent

Decree, this Court is of the opinion that the Motion should be, and hereby is, GRANTED.

It is therefore ORDERED, ADJUDGED, and DECREED that the Consent Decree which

was submitted by the parties with their Motion will be FILED, and the Court shall retain

jurisdiction to enforce the terms and conditions as set forth therein.

f/rJAJA. , ~ ENTERED this

day of

2006

 
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CLOSED, CONSOLIDATED
U.S. District Court [LIVE] Western District of Texas (Midland) CIVIL DOCKET FOR CASE #: 7:05-cv-00010-RAJ

Armendariz v. Endeavor Energy, et al Assigned to: Judge Robert A. Junell Demand: $0 Case in other court: member case, 7:05-cv-00096 Cause: 42:1981 Job Discrimination (Race)

Date Filed: 01/19/2005 Date Terminated: 02/07/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Abel Armendariz

represented by Spencer W. Dobbs Law Offices of Spencer W. Dobbs 426 North Texas Odessa, TX 79761 (432) 580-0808 Fax: (432) 580-3740 Email: Spencer@spencerdobbs.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Equal Employment Opportunity Commission

represented by Leticia Dominguez Equal Employment Opportunity Commission 300 E. Main Suite 500 El Paso, TX 79901 (915) 534-6676 Fax: 915/534-6701 Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Endeavor Energy Resources

represented by C. H. Brockett, Jr. Brockett & McNeel, LLP P.O. Box 1841 Midland, TX 79702 (432) 686-7743 Fax: 432/683-6229 Email: hbrockett@brockettmcneel.net LEAD ATTORNEY

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Defendant Rig Movers Express Incorporated

ATTORNEY TO BE NOTICED
represented by C. H. Brockett, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/19/2005 01/19/2005 01/19/2005 02/10/2005 02/11/2005
04/08/2005
07/06/2005 07/11/2005 07/13/2005 07/13/2005 07/14/2005 08/08/2005
08/08/2005

#

Docket Text

Case assigned to Judge Robert A. Junell (vt) (Entered: 01/19/2005)
1 Complaint filed. Filing Fee: $ 150.00 Receipt # 377845 (Pages: 4) (vt) (Entered: 01/19/2005)
Summons issued for Endeavor Energy (vt) (Entered: 01/19/2005)
2 Answer by Endeavor Energy (sm) (Entered: 02/10/2005)
3 Scheduling order setting Joining of parties, amending of pleadings on 4/8/05 Deadline for filing of all motions 7/29/05 Discovery cutoff 7/15/05 ; Alternate Dispute Resolution Report due by 8/5/05 ; Jury Selection set for 9:00 12/5/05 ; Jury trial set for 9:00 12/5/05 , termed motions signed by Judge Robert A. Junell (sm) (Entered: 02/14/2005)
4 Amended complaint by Abel Armendariz against Rig Movers Express, amending complaint [1-1](no summons presented or issued) (Pages: 6) (sm) (Entered: 04/08/2005)
5 Motion by Abel Armendariz to consolidate cases MO-05-CV-101 and MO-05-CV-096 (sm) (Entered: 07/06/2005)
6 Order denying motion to consolidate cases MO-05-CV-101 and MO-05-CV-096 [5-1] signed by Judge Robert A. Junell (vt) (Entered: 07/11/2005)
7 Motion by Abel Armendariz to consolidate cases MO-05-CV-096 andi MO-05-CV-010 (vt) (Entered: 07/13/2005)
8 Notice of filing (certificate of conference) by Abel Armendariz (vt) (Entered: 07/13/2005)
9 Notice of filing (certificate of written discovery) by Abel Armendariz (vt) (Entered: 07/14/2005)
10 Order granting motion to consolidate cases MO-05-CV-096 andi MO-05-CV-010 [7-1], granting motion to consolidate cases MO-05-CV-101 and MO-05-CV-096 [5-1] signed by Judge Robert A. Junell (sm) (Entered: 08/09/2005)
11 Amended Scheduling order setting Joining of parties, amending of pleadings on 9/22/05 Deadline for filing of all motions 1/5/06 Discovery cutoff 12/22/05 ; Alternate Dispute Resolution Report due by 1/12/06 ; Jury Selection set for 9:00 3/6/06 ; Jury trial set for 9:00 3/6/06 , termed motions signed by Judge Robert A. Junell (sm) (Entered: 08/09/2005)

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08/10/2005 09/29/2005 11/04/2005 11/04/2005 12/29/2005 01/03/2006 01/04/2006 01/05/2006 01/12/2006
01/27/2006 01/27/2006 02/03/2006 02/07/2006 02/07/2006
02/07/2006 03/02/2006 03/02/2006 03/24/2006

12 Waiver of Service by Endeavor Energy, Rig Movers Express ; Notice and Request Mailed on 7/25/05 ; Answer due on 9/23/05 (sm) (Entered: 08/10/2005)
13 Order resetting Jury selection to 8:30 3/6/06 , and resetting Jury trial to 8:30 3/6/06 signed by Judge Robert A. Junell (sm) (Entered: 09/29/2005)
14 Order cancelling deadline - (jury selection) signed by Judge Robert A. Junell (sm) (Entered: 11/04/2005)
15 Order resetting Jury selection to 8:30 2/27/06 , and resetting Jury trial to 8:30 2/27/06 signed by Judge Robert A. Junell (sm) (Entered: 11/04/2005)
Received proposed protective order and forwarded to Judge Junell for review. (vt) (Entered: 01/03/2006)
16 Motion by Abel Armendariz to compel discovery (motion plus attachment A submitted) (vt) (Entered: 01/03/2006)
17 Order for protective order signed by Judge Robert A. Junell (sm) (Entered: 01/04/2006)
18 Order referring motion : referred motion to compel discovery [16-1] to Judge L. S. Platt signed by Judge Robert A. Junell (sm) (Entered: 01/05/2006)
19 Joint Alternate Dispute Resolution Report filed by Abel Armendariz, Endeavor Energy, Rig Movers Express, EEOC, and Party(s) agree to Alternate Dispute Resolution (vt) (Entered: 01/13/2006)
20 Order setting FINAL pretrial conference for 5:00 2/7/06 signed by Judge Robert A. Junell (vt) (Entered: 01/27/2006)
21 Order granting motion to compel discovery [16-1] signed by Judge L. Stuart Platt. (vt) (Entered: 01/27/2006)
22 Order resetting pretrial conference to 2:00 2/7/06 signed by Judge Robert A. Junell (sm) (Entered: 02/03/2006)
23 Order dismissing cause without prejudice as parties have settled signed by Judge Robert A. Junell (sm) (Entered: 02/07/2006)
24 Clerk's judgment that as the parties have settled, this cause is dismissed without prejudice from the active docket and settlement documents to be submitted to court within 30 days (sm) (Entered: 02/07/2006)
Case closed (sm) (Entered: 02/07/2006)
25 Joint motion by Abel Armendariz, Endeavor Energy, Rig Movers Express, EEOC to dismiss and for entry of consent decree (sm) (Entered: 03/02/2006)
26 Order granting joint motion to dismiss and for entry of consent decree [25-1] signed by Judge Robert A. Junell (sm) (Entered: 03/02/2006)
27 Consent Decree and Judgment signed by Judge Robert A. Junell (Pages: 9) (sm) (Entered: 03/24/2006)

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