U.S. DISTRiCT COURT
NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT COUR FOR THE NORTHERN DISTRICT OF TE
DALLAS DIVISION

CLERK, V.

COURT

By ____~~~__- - - -

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

ALLIED AVIATION SERVICES, INC.,

}

}

Defendant.

}

-----------------------------}

CIVIL ACTION NO.

VI"" 8 .. 05 C

9• L

COMPLAINT

(JURY DEMANDED)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Parties Eric Mitchel, Francisco Ochoa, Christopher DiGiorgio and a class of similarly situated aggrieved individuals, who were adversely affected by such practices. The Commission alleges that the Defendant, Allied Aviation Services, discriminated against Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, and a class of similarly situated aggrieved individuals by subjecting them to a hostile work environment and disparate terms and conditions of employment because of their race, African-American and/or their national origin, Hispanic. The Commission further alleges that Defendant violated Title VII by unlawfully terminating the employment ofMr. DiGiorgio, and by retaliating against Mr. DiGiorgio and a class of similarly situated aggrieved individuals because of their opposition to employlnent practices believed to be unlawful and participation in proceedings under Title VII.

COMPLAINT

1

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e5(f)(1) and (3), and Section 102 of the 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 Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the 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(a) of Title VII, 42 U.S.c. Section 2000e-5(a). 4. At all relevant times, Defendant, Allied Aviation Services, has continuously been . and is now doing business in the State ofTexas, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant 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. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Mr. Mitchel, Mr. Ochoa and Mr. DiGiorgio filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment ofMr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and the class of

COMPLAINT

2

similarly situated aggrieved individuals, Defendant subjected them to a barrage ofunwelcome racial remarks, graffiti and threats ofphysical violence, as well and subjecting them to disparate terms and conditions ofemployment, and in failing to promote at least one aggrieved individual because ofhis race in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2. Defendant failed to discipline employees who engaged in such behavior. Further, Defendant retaliated against Mr. DiGiorgio, by terminating his employment on June 10, 2004, and retaliated against a class of similarly situated aggrieved individuals for having opposed a discriminatory act, made a charge, testified, assisted and participated in an investigation and civil proceeding, in violation of Section 704(a) of Title VII.
8. The effect ofthe practices complained ofabove has been to deprive Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and a class of similarly situated aggrieved individuals of equal employment opportunities and otherwise adversely affect their status as employees.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained ofin paragraph 7, above, were done with malice or reckless indifference to the federally protected rights ofMr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and a class of similarly situated aggrieved individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court:
t
A. Grant a permanent injunction enjoining the Defendant, Allied Aviation Service, its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII.

COMPLAINT

3

B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and a class of similarly situated aggrieved individuals, and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendant to make whole Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and a class ofsimilarly situated aggrieved individuals by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative reliefnecessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place reinstatement and rightful place promotion of aggrieved individuals, where necessary for make whole relief.
D. Order the Defendant to make whole Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and a class ofsimilarly situated aggrieved individuals by providing compensation for past and future nonpeclmiary losses resulting from the unlawful practices complained ofin paragraph 7 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendant to make whole Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and a class of similarly situated aggrieved individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.

COMPLAINT

4

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
GWENDOLYN y. REAMS
~epu~Gen:1i~
Riiii::CANlNO
Regional Attorney ()~Joma State Bar No. 011782
',._",, 1AUI~V--- - -~
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
~~ Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2746 (214) 253-2749 (FAX)

COMPLAINT

5

L
~JS 44 (Rev. 11104)

CIVIL COVER SHEET

The JS 44 cIvil cover sheet and the InfonnatlOn contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court This form, approved by the Judicial Conference of the United States m September 1974, IS reqUired for the use of the Clerk of Court for the purpose ofmitJatmg the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM )

I. (a) PLAINTIFFS

rD.!:!E.:..FE!;!;N~D~A:.:.:...:.N..:.T:;;:..S_ _ _ _ _ _ _ _ _ _ _ _ _ _ _..,

I k l t ! l EQUAL EMPLOYMENT OPPORTUNITY Gmt;t~:!y.A~l\IT~C'C'~l~n1\:II.TI-:=:--:~~~~ll1uT..J.,TlED AVIATlON SERVICES, INC.

!'nl

~_ JLWL Jj ~

1'-__________.... I II' pl (b) County of Residence of First Listed Plamtlff £Ip,.:-"++-________....J!

y of Residence of First LIsted Defendant

JUl I I II, <f.;CI?l Tr S PLAINTIFF' ,~~)

ClIME ~

(IN U.S. PLAINTIFF CASES ONLY)

: ~

~

,_ NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

,

i

LAND INVOLVED.

8" _ 0 5 CV 1 9 "', L (C) Attorney's (Fmn Name, Address. and Tel<1Jhone Number) ClERK, U.S DISTRICT COUR Attorneys (lfK1lown)
IRONETTA J. FRANICS, SENIOR TRIAL ATTY., EEOC-=,I::'ILII:L~ Il~!I-i____,_.i

'~l'"

1207 S, Houston St, 3rd Fl., DaIlas, Tx 75217 (214) 253-2746

II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

111 U.S. Government Plaintlff

o 3 Federal QuestIOn
(U S Government Not a ParIy)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" mOne Box for Plamtlff

(For Dlverslly Cases Only)

and One Box for Defendant)

Cltlzen ofThlS State

PTF DEF

o 0 I

I Incorporated or Pnnclpal Place

PTF DEF 0 4 04

of Busmess In ThIs State

o 2 U.S. Government
Defendant

o 4 DIVersIty
(Indicate Cltlzenshlp ofPortles in Item III)

Cltlzen of Another State
Citizen or Subject of a Forel.n Coun!!y'

o 2
o 3

0 2 Incorporated and Principal Place of Busmess In Another State
0 3 ForeIgn NatIOn

o 5 05
o 6 06

IV. NATURE OF SUIT (Place an "X" m One Box OnIv)

CONTRACT

TORTS

o 110 Insurance

PERSONAL INJURY

PERSONAL INJURY

0120 Maline

0 310 Airplane

0 362 Personal InjUry -

0130 Mtller Act
o 140 Negotiable Instrument

0 315 Airplane Product LIability

Med Malpractlce 0 365 Personal Injury -

I[J 150 Recovery of Overpayment 0 320 Assault, LIbel &

Product Llabihty

& Enforcement of Judgment

o 151 Medicare Act

0

o 152 Recovery ofDefauhed

Slander 330 Federal Employers'
Llablhty

0 368 Asbestos Personal Injury Product LIability

Student Loans

0 340 Manne

PERSONAL PROPERTY

(ExcI Veterans)

0 345 Manne Product

o 153 Recovery of Overpayment

LIability

0 370 Other Fraud 0 371 Truth m Lendmg

of Veteran's Benefits

0 350 Motor VehIcle

o 160 Stockholders' Suits o 190 Other Contract

0 355 Motor VehIcle Product Llabihty

o 195 Contract Product liabIlity 0 360 Other Personal

o 196 FranchIse

Iniury

0 380 Other Personal Property Damage
0 385 Property Damage Product LIability

! REAL PROPERTY
0210 Land Condemnation
o 220 Foreclosure o 230 Rent Lease & EJectlnent

CIVIL RIGHTS
0 . 441 Votmg ~ 442 Employmenl
443 Housmg!

oPRISONER PETITIONS 510 Motions to Vacate Sentence Habea. Corpus:

0240 Torts to Land

Accommodations

0 530 General

0245 Tort Product Llablhty
o 290 AJI Other Real Property

0 444 Welfare

0 535 Death Penalty

0 445 Amer wlDlsabilmes- 0 540 Mandamus & Other

Employment

0 550 Civil RIghts

0 446 Amer. wlDlsablllues- 0 555 Pnson ConditIOn

Other
0 440 Other Civil RIghts

FORFEITUREIPENALTY
0 610 Agriculture 0 620 Other Food & Drug
0 625 Drug Related SeIzure
of Property 21 USC 881 0 630 LIquor Laws 0 640 RR & Truck 0 650 Alrhne Regs 0 660 Occupational
SafetylHealth 0 690 Other
LABOR 0 710 Falf Labor Standards
Act 0 720 LaborlMgmt. Relations
0 730 Labor/Mgmt.Repornng
& Disclosure Act 0 740 RaIlway Labor Act
0 790 Other Labor Litigation
0 791 Empl. Ret. Inc
Security Act

BANKRUPTCY
o0422 Appeal 28 USC 158 423 Withdrawal 28 USC 157
PR PERTY RIGHTS
o 820 Copyrights o 830 Patent o 840 Trademark
SOCIAL SECURITY
o 861 HIA (139511) o 862 Black Lung (923)
0863 DlWCIDIWW (405(g))
o 864 ssm Title XVI o 865 RSI (405(g» o FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
o or Defendant) 871 IRS-Third Party 26 USC 7609

OTHER STATUTES
0 400 State Reapportionment
0 410 Antitrust
0 430 Banks and Banking 0 450 Commerce
0 460 Deportation
0 470 Racketeer Influenced and Corrupt Organizations
0 480 Consumer CredIt
0 490 Cable/Sat TV
0 810 Selectlve ServIce 0 850 Securitles/Commoditiesl
Exchange
0 875 Customer Challenge 12 USC 3410
0 890 Other Statutory Achons
0 891 Agricultural Acts 0 892 Economic Stab~lzation Act
0 893 Environmental Matters
0 894 Energy Allocation Act
0 895 Freedom oflnformatlon
Act
0 900Appeal of Fee Deterrrunatlon
Under Equal Access
to Jusnce
0 950 ConstitutIOnalIty of
State Statutes

V. ORIGIN
,. I Ongmal
Proceedin

o (Place an "X" m One Box Only)

2

(J 3

CJ

Transferred from

5 another district

CJ 6 Multidistnct
Liti ation

Appeal to Distrtct

(J 7

Judge from MagIstrate

Jud ment

VI. CAUSE OF ACTION

VII. REQUESTED IN
COMPLAINT:

VIII. RELATED CASE(S)

IF ANY

I 1 7[1l DATE

I {)~

FOR OFFICE USE ONL\\

(See mstructlOns).

JUDGE

RECEIPT # -------- AMOUNT ------------- APPLYING IFP -----------

I \oOCKET NUMBER JUDGE -------- MAG JUDGE -------------------

 
 , '
. OR\G\NAl

U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRICT CURT NOV I 0 2005

FOR THE NORTHERN DISTRICT OF T XAS

DALLAS DIVISION

CLERK, U.S. DISTRICT COURT

EQUAL EMPLOYMENT OPPORTUNITY §

By ______- - - - - - - - Deputy

COMMISSION,

§

Plaintiff,

§

§

~

§ Civil Action No. 3:05-CV-1379-L

§

ALLIED AVIATION SERVICES, INC., §

§

Defendant.

§

ORDER

PlaintiffEqual Employment Opportunity Commission (the "EEOC" or "Plaintiff') filed this

action on July 11,2005, against Defendant Allied Aviation Services, Inc. ("Allied" or "Defendant"). Plaintiff alleges race discrimination and retaliation on behalf ofthree named individualsl and other

similarly situated employees ofAllied. Defendant filed a motion to dismiss on September 12,2005,

contending that it was not the employer of the individuals represented by the EEOC, and that the

pleadings do not state that an employment relationship existed between Defendant and the

individuals represented by the EEOC. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, the

motion was referred to the United States magistrate judge for proposed findings and

recommendation. On October 25, 2005, the Findings and Recommendation of the United States Magistrate Judge ("Report") were filed. On November 3, 2005, Defendant filed Defendant's

Objections to the Findings and Recommendations ofthe United States Magistrate Judge Regarding

Defendant's Motion to Dismiss ("Objections").

(The named individuals are Eric Mitchel, Francisco Ochoa, and Christopher DiGiorgio. Order - Page 1

The magistratejudge found that under the exacting standards governing a motion to dismiss
pursuant to Fed. R. Civ. P. 12(b)(6), ''the court is unable to say that the EEOC can prove no set of
facts which would entitle it to relief." Report at 3. Specifically, the magistrate judge reviewed the
following allegation in the complaint:
During the employment of Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and the class of similarly situated aggrieved individuals, Defendant subjected them to a barrage ofunwelcome racial remarks, graffiti and threats of physical violence, as well and [sic] subjecting them to disparate terms and conditions of employment, and in failing to promote at least one aggrieved individual because of his race[.]
Plaintiffs Complaint ~7. The magistrate judge determined that this allegation, "construed in the
light most favorable to plaintiff, clearly implies an employment relationship between the [named
individuals] and [Allied]." Report at 3. The magistrate judge further noted that proof that Allied
was not an employer within the meaning of Title VII would require consideration of extraneous
evidence outside the pleadings, which the court cannot do when ruling on a Rule 12(b)(6) motion.
Id. The magistrate judge thus recommends that the motion to dismiss be denied.
In its Objections, Defendant argues that the magistrate judge erred because the EEOC has
not alleged sufficient facts to state a claim that it was the employer of any of the individuals.
Defendant also asserts that the magistrate judge failed to address its Rule 12(b)(1) motion? The
court disagrees. Plaintiffhas clearly met its pleading obligation under Fed. R. Civ. P. 12(b)(6). If
it is later determined that Defendant is not the employer ofthe individuals represented by Plaintiff,
2In its motion to dismiss, Defendant also asserted that the court did not have subject matter jurisdiction "pursuant to Rule 12(b)(6) [sic]." The basis for Defendant's lack of subject jurisdiction contention is the same as it's contention that Plaintiff failed to state a claim - "[N]o where on the face of Plaintiff s pleadings does it state that an employment relationship existed between Defendant and any ofthe individuals it seeks to represent." Motion at 2. As the magistrate judge's Report addressed this issue, Defendant's assertion that the magistrate judge did not address its 12(b)(1) motion is erroneous.
Order - Page 2

then the court would agree that it does not have subject matter jurisdiction; however, at this stage

of litigation, it has not been demonstrated to the court that it lacks subject matter jurisdiction.

Having reviewed the pleadings, motion, response, and record in this case, the findings and

conclusions ofthe magistrate judge, and having considered Defendant's objection thereto, the court

determines that the findings and conclusions are correct. They are therefore accepted as those ofthe

court. Accordingly, the court overrules Defendant's Objections, and denies Defendant's Motion

to Dismiss.

I V~ovember, It is so ordered this

2005.

am A. Lindsay United States District Judge

Order - Page 3

 
 , E-FILED

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DNISION

NOV Ism
CLERK U.S. DISTRICT COURT NORTHERN DISTRICT OF TEXAS

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION

§

§

Plaintiff,

§

§

VS.

§

§

ALLIED AVIATION SERVICES, INC.

§

§

Defendant.

§

NO.3-05-CV-1379-L

MEMORANDUM ORDER Plaintiff EEOC has filed a motion to quash a Rule 45 subpoena duces tecum served by defendant on Dallas Area Rapid Transit ("DART") in this race discrimination and retaliation case brought under the Title VIT ofthe Civil Rights Act of 1964, as amended ("Title VIT"), 42 U.S.C. § 2000e, et seq. At issue are employment and payroll records pertaining to Francisco Ochoa, who worked for DART for five or six years beginning in 1982. Plaintiffargues that the subpoena invades Ochoa's right to privacy, is overbroad, and seeks information that is not reasonably calculated to lead to the discovery ofadmissible evidence. Defendant counters that the employment records will likely show that Ochoa was terminated by DART for illegal drug use, a fact not revealed by Ochoa when he applied for a job with defendant in 1999. If its suspicions are confirmed, defendant may assert a defense under the after-acquired evidence rule. The issues have been fully briefed by the parties and the motion is ripe for determination. At his deposition taken on September 21,2005, Ochoa testified that he was terminated by DART for "cocaine use" and did not disclose that fact when he applied for a job with defendant. (See Def. App. at 4-5). While it is not clear what application the after-acquired evidence rule may

,
have in this context,I or whether such evidence will be admissible at trial, the court cannot say that evidence of Ochoa's drug use while employed by DART is not "relevant to the claim or defense of any party" or "reasonably calculated to lead to the discovery of admissible evidence." See Fed. R. Civ. P. 26(b). However, only employment records pertaining to Ochoa's termination for illegal drug use meet this test. The other documents subpoenaed by defendant have no bearing on a potential after-acquired evidence defense.
For these reasons, plaintiffs motion to quash is granted in part and denied in part. The motion is denied with respect to employment records pertaining to Francisco Ochoa's termination by DART for illegal drug use. Defendant may subpoena those records from DART. In all other respects, the motion to quash is granted. The parties are directed to negotiate an appropriate protective order to prevent the further disclosure and dissemination of any employment records produced by DART pursuant to the subpoena.
SO ORDERED. DATED: November 15, 2005.
LAN
STATES MAGISTRATE JlJDGE
I After-acquired evidence can affect the relief available in a Title VII case "even if it is acquired during the course ofdiscovery in a suit against the employer and even ifthe information might have gone undiscovered absent the suit." McKennon v. Nashville Banner Publishing Co., 513 U.S. 352, 362-63, 115 S.Ct. 879, 886, 130 L.Ed.2d 852 (1995). In order to take advantage of an after-acquired evidence defense, the employer must establish that the wrongdoing was ofsuch severity that the employee would have been terminated on those grounds alone ifthe employer had known of it at the time of discharge. Jd.; see also Smith v. Berry Co., 165 F.3d 390,395 (5th Cir. 1999).

 
 u.s. DIS'j f... /CT COURT

l'ORTHERN mSTRICT OF TEXAS

IN THE UNITED STATES DISTRICT COU T

f'ILED

Fo..B THE NORTHERN DISTRICT OF TE S

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

ALLIED AVIATION SERVICES, INC.,

}

ALLIED AVIATION FUELING COMPANY }

OF TEXAS, INC., and

}

ALLIED AVIATION FUELING

}

OF DALLAS, L.P.,

}

}

Defendants.

}

-------------------------------}

CLERK, U.S. By ____~~r_------
CIVIL ACTION NO. 3:05-CV-1379-L AMENDED COMPLAINT
(JURY DEMANDED)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Parties Eric Mitchel, Francisco Ochoa, Christopher DiGiorgio, Carl Gaines, and a class of similarly situated aggrieved individuals, who were adversely affected by such practices. The Commission alleges that the Defendants, Allied Aviation Services, Inc., Allied Aviation Fueling Company of Texas, Inc., and Allied Aviation Fueling ofDallas, L.P., discriminated against Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr. Gaines, and a class of similarly situated aggrieved individuals by SUbjecting them to a hostile work environment and disparate terms and conditions of employment because of their race, AfricanAmerican and/or their national origin, Hispanic. The Commission further alleges that Defendants violated Title VII by unlawfully terminating the employment ofMr. DiGiorgio, and by retaliating

AMENDED COMPLAINT

1

against Mr. DiGiorgio, Mr. Gaines, and a class of similarly situated aggrieved individuals because oftheir opposition to employment practices believed to be unlawful and participation in proceedings under Title VII.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.c. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e5(f)(1) and (3), and Section 102 of the 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 Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the 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(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendant, Allied Aviation Fueling of Dallas, L.P., has continuously been and is now doing business in the State ofTexas, and has continuously had at least fifteen employees. 5. Defendant Allied Aviation Fueling Company of Texas, Inc. is the general partner of Defendant Allied Aviation Fueling of Dallas, L.P. Defendant Allied Aviation Services, Inc. is corporate parent of both Defendants Allied Aviation Fueling of Dallas, L.P. and Allied Aviation Fueling Company of Texas, Inc. Defendants Allied Aviation Services, Inc. and Allied Aviation

AMENDED COMPLAINT

2

Fueling Company of Texas, Inc. are jointly and severally liable along with Defendant Allied Aviation Fueling of Dallas, L.P., under the theories of "joint employer," "integrated enterprise" and/or "alter ego."
6. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution ofthis lawsuit, Mr. Mitchel, Mr. Ochoa Mr. DiGiorgio and Mr. Gaines filed a charge with the Commission alleging violations of Title VII by the Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. During the employment of Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr. Gaines, and the class of similarly situated aggrieved individuals, Defendants subjected them to a barrage of unwelcome racial remarks, graffiti and threats of physical violence, as well and SUbjecting them to disparate terms and conditions of employment, and in failing to promote at least one aggrieved individual because of his race in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2. Defendants failed to discipline employees who engaged in such behavior. Further, Defendants retaliated against Mr. DiGiorgio, by terminating his employment on June 10, 2004, and retaliated against Mr. Gaines, by denying him a promotion to a supervisory position on or about February 3, 2005. Moreover, Defendants retaliated against a class of similarly situated aggrieved individuals for having opposed a discriminatory act, made a charge, testified, assisted and participated in an investigation and civil proceeding, in violation of Section 704(a) of Title VII. 9. The effect ofthe practices complained ofabove has been to deprive Mr. Mitchel, Mr.

AMENDED COMPLAINT

3

Ochoa, Mr. DiGiorgio, Mr. Gaines and a class of similarly situated aggrieved individuals of equal employment opportunities and otherwise adversely affect their status as employees.
10. The unlawful employment practices complained of in paragraph 7, above, were intentional.
11. The unlawful employment practices complained ofin paragraph 7, above, were done with malice or reckless indifference to the federally protected rights ofMr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr. Gaines and a class of similarly situated aggrieved individuals.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, Allied Aviation Service, Inc., Allied Aviation Fueling Company of Texas, Inc. and Allied Aviation Fueling of Dallas, L.P., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr. Gaines and a class of similarly situated aggrieved individuals, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendants to make whole Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr. Gaines and a class ofsimilarly situated aggrieved individuals by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place reinstatement and rightful place promotion of aggrieved individuals, where necessary for make

AMENDED COMPLAINT

4

whole relief. D. Order the Defendants to make whole Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr.
Gaines and a class of similarly situated aggrieved individuals by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendants to make whole Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio, Mr. Gaines and a class of similarly situated aggrieved individuals, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, in amounts to be determined at trial.
F. Order the Defendants to pay punitive damages for its malicious or reckless conduct described in paragraph 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

AMENDED COMPLAINT

5

Respectfully submitted,

GWENDOLYN Y. REAMS

~ De

.

Eral counse
",\,}' A/=1.

O~ r I. ~~

R BERT A. CANINO

Regional Attorney

oma State Bar No. 011782

Supervisory Trial Attorney
~oA~ r_-~NO. 14009470 RONETTA J. FRAN Senior Trial Attorney Virginia Bar No. 39886

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2746 (214) 253-2749 (FAX)

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing has been served on all counsel of record for the

Defendant at the address below via United States first class mail, postage prepaid, on this the 5th

day of May, 2006.

Paul E. Hash Rachel D. Ziolkowski JACKSON LEWIS, LLP 3811 Turtle Creek Boulevard, Suite 500 Dallas, Texas 75219

James Vagnini LEEDS, MORELLI & BROWN One Old Country Road, Suite 347
Ie Place, New York 11514

AMENDED COMPLAINT

6

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

---------------------------------------------------------------X
)

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,
and
ERIC MITCHEL, FRANCISCO OCHOA, CHRISTOPHER DI GIORGIO, CARL GAINES, MARK BARRET, ANDREW CERVANTES, TRISTIAN FERNANDEZ, HENRY FIRTH, WALTER KELLEY, WILBORN LYLES, DAVID MCCOY, SCOTTY MILLS, MICHAEL NELSON, JEROME SLOAN, JOSH TORAM SR., ANTHONY WALKER, MARK WEBSTER and WILLIE WINTERS,
Interveners,
v.
ALLIED AVIATION SERVICES, INC., ALLIED AVIATIONFUELING OF DALLAS, LP, ALLIED AVIATION FUELING COMPANY OF TEXAS, INC.
Defendants.

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) CIVILACTIONN03:06-ev- 13 79 - L
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INTERVENERS' (PLAINTIFFS') ORIGINAL COMPLAINT

TO THE HONORABLE JUDGE OF SAID COURT:

Interveners, Eric Mitchel ("Intervener Mitchel" or "Mitchel"), Francisco Ochoa

("Intervener Ochoa" or "Ochoa"), Christopher DiGiorgio ("Intervener DiGiorgio" or

"DiGiorgio"), Carl Gaines ("Intervener Gaines" or "Gaines"), Mark Barret ("Intervener Barret"

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or "Barrett), Andrew Cervantes ("Intervener Cervantes" or "Cervantes"), Tristian Fernandez ("Intervener Fernandez" or "Fernandez"), Henry Firth ("Intervener Firth" or "Firth), Walter Kelley ("Intervener Kelley" or "Kelley"), Wilborn Lyles ("Intervener Lyles" or "Lyles"), David McCoy ("Intervener McCoy" or "McCoy"), Scotty Mills ("Intervener Mills" or "Mills"), Michael Nelson ("Intervener Nelson" or "Nelson"), Jerome Sloan ("Intervener Sloan" or "Sloan"), Josh Toram Sr. ("Intervener Toram" or "Toram"), Anthony Walker ("Intervener Walker" or "Walker"), Mark Webster ("Intervener Webster" or "Webster") and Willie Winters ("Intervener Winters" or "Winters"), collectively, ("Interveners"), bring this action for damages and other legal and equitable relief from the Defendants' violation of the laws proscribing race and national origin discrimination and retaliation, stating the following as Interveners' claims against Allied Aviation Services, Inc., Allied Aviation Fueling Company of Texas, Inc., and Allied Aviation Fueling of Dallas, LP ("Allied" or "Defendant(s)"):
INTRODUCTION 1. This is an action brought by the Equal Employment Opportunity Commission ("EEOC") and Interveners challenging a continuing pattern and practice of race and national origin discrimination and retaliation committed by Allied Aviation Services, Inc., Allied Aviation Fueling Company of Texas, Inc., and Allied Aviation Fueling of Dallas, LP against current and former Black and Hispanic employees of Allied's fueling division. Allied's pattern and practice of discrimination is executed through various methods including: (i) the creation, maintenance and encouragement of a hostile work environment aimed at Black and Hispanic employees, (ii) the denial of advancement of qualified Black and Hispanic employees, (iii) the unlawful termination of Black and Hispanic employees, and (iv) retaliation against employees
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opposing the rampant discriminatory conduct and activity in the workplace. These violations are systemic in nature, and constitute a pattern and practice of conduct which permeates Allied Aviation.
2. Defendants' employment policies and practices have the effect and have been undertaken with the purpose of altering the terms and conditions of employment to Black, Hispanic, and employees opposing discriminatory practices in violation of the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1981 et seq.; the 1991 Civil Rights Act, as amended, 42 U.S.C. § 1981a et seq.; Title VII of the Civil Rights Act of 1964, as amended and 42 U.S.c. § 2000e et seq.
JURISDICTION, VENUE, AND EXHAUSTION OF REMEDIES 3. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, which confers original jurisdiction upon this Court for actions arising under the laws of the United States, and pursuant to 28 U.S.C. §§ 1343(3) and 1343(4), which confer original jurisdiction upon this Court in a civil action to recover damages or to secure equitable relief (i) under any Act of Congress providing for the protection of civil rights; (ii) under the Declaratory Judgment Statute, 28 U.S.C. § 2201; and (iii) under 42 U.S.C. § 2000e, et seq., as amended, 42 U.S.C. § 1981 et seq., as amended and 42 U.S.c. § 1981a et seq., as amended. The Court's supplemental jurisdiction is invoked pursuant to 28 U.S.C. § 1367(a), which confers supplemental jurisdiction over all non-federal claims arising from a common nucleus of operative facts such that they form part of the same case or controversy under Article III of the United States Constitution.
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4. Venue is proper in this Court pursuant to 42 U.S.C. § 2000e-S(f)(3), inasmuch as this judicial district lies in a State in which the unlawful employment practices occurred. Venue is also proper in this Court pursuant to 28 U.S.c. § 1391(b)(1) and (c), inasmuch as Defendants, domestic corporations, maintain offices, conduct business and reside in this district.
5. All conditions precedent to Interveners' rights to commence a civil action in accordance with the provisions of 42 U.S.C. § 2000e were satisfied.
PARTIES 6. Plaintiff, Equal Employment Opportunity Commission ("EEOC"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended. 7. Intervener Mitchel is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas. 8. Intervener Ochoa is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas. 9. Intervener DiGiorgio is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas. 10. Intervener Gaines is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
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11. Intervener Barrett is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
12. Intervener Cervantes is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
13. Intervener Fernandez is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
14. Intervener Firth is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
15. Intervener Kelley is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
16. Intervener Lyles is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
17. Intervener Mills is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
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18. Intervener Nelson is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
19. Intervener Sloan is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
20. Intervener Toram is the person who has been aggrieved by Defendants' actions. He is has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
21. Intervener Walker is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
22. Intervener Webster is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
23. Intervener Winters is the person who has been aggrieved by Defendants' actions. He is and has been, at all relevant times, a male citizen of the United States and a resident of the State of Texas.
24. Defendant Allied Aviation Services, Inc. is a New York Corporation with offices throughout the United States, Canada and Latin America, with its headquarters located in New York, New York. Defendant Allied maintains offices and employees located at DallaslFort Worth Airport, located in Dallas, Texas, and has actively engaged in a pattern of unlawful
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discrimination and retaliation and/or knowingly encouraged and tolerated such discrimination and retaliation by its employees located in their DFW workplace.
25. Defendant Allied Aviation Fueling of Dallas, LP is a limited partnership incorporated in the State of Texas with an office and place of business located in the Dallas/Forth Worth International Airport, where it has been and continues to be engaged in the business of providing fueling services and fuel facility maintenance and has actively engaged in a pattern of unlawful discrimination and retaliation and/or knowingly encouraged and tolerated such discrimination and retaliation by its employees located in their DFW workplace.
26. Defendant Allied Aviation Fueling Company of Texas, Inc. is the General Partner for Allied Aviation Fueling of Dallas, LP and has actively engaged in a pattern of unlawful discrimination and retaliation and/or knowingly encouraged and tolerated such discrimination and retaliation by its employees located in their DFW workplace.
27. At all relevant times, Defendant has continuously been and is now doing business in the State of Texas and employs over 500 employees nationwide.
28. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. § 2000 e(b), (g) and (h).
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INDIVIDUAL INTERVENER ALLEGATIONS A. MITCHEL
29. Intervener Mitchel is a Black male who commenced his employment at Allied in March 2000 as a Fueler. In June 2002, Mitchel received a promotion to Maintenance Supervisor.
30. Throughout his employment, Mitchel has been subjected to discrimination in the form of a hostile work environment. While Mitchel has brought his concerns to the attention of management and Human Resources, his complaints have not been addressed.
31. Randy DeHeart, a White male Supervisor, continually subjected Mitchel to hostility and harassment. DeHeart attempted to write Mitchel up for a delay, a disciplinary action taken when a plane does not take off on time. While delays happened to all employees on occasion, White employees were not subjected to write-ups when they had delays.
32. DeHeart threatened Black employees and used racial slurs when speaking with or about them. He openly referred to Hispanic people as "wet backs" and once told Mr. McFoley, a Black male employee he sent home, "I'm gonna get all you niggers fired." Mitchel informed Bill Murphy ("Murphy"), a White male Operations Manager, of DeHeart's statement, and Mitchel sent a complaint via facsimile to Jane Cardascia, a White female Human Resources representative. Mitchel did not receive a response from Murphy or Cardascia.
33. In June 2002, when Mitchel received a promotion to Supervisor, he was misled about the hours and days that he would be working. Mitchel had been told he could work any five (5) days he wanted, and Mitchel requested to have the weekends off. After completing training, Mitchel was then told by Tim Shaffer, a White male Manager, he would have Mondays and
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Tuesdays off. When Mitchel spoke with DeHeart about this, he was told the weekends were not available and he had to accept this schedule. However, in February 2003, Kevin Vinson, a White male, was promoted to Supervisor and he was given Sundays off. Mitchel wrote an email to Mr. Schaffer, regarding this issue, who informed him that days off were no longer selected, they were assigned. Thus, despite the fact that Mitchel had more seniority than Vinson, he was given the day off that Mitchel had requested eight (8) months earlier.
34. In July 2002, Mitchel was informed by a co-worker that someone had written on the bathroom wall, "Nigger Hit List." The wall also had listed on it the names offive Black employees at Allied, including Mitchel. Mitchel immediately informed management of this racially charged vandalism and filed a report with the DFW Department of Public Safety. No one was ever found responsible for this action and no preventative measures were taken to prevent such acts from occurring again. In fact, racial epithets and vandalism continued.
35. On October 8, 2002, Mitchel sent a letter to Mr. Schaffer indicating that he was being forced to endure a hostile work environment, specifically mentioning a White male Supervisor, William Timmons ("Timmons"), as one of the perpetrators. The next day, Timmons provoked a verbal altercation with him that almost became physical. Mitchel contacted both Hank Fulmer, a White male General Manager, and Judy Brandth ("Brandth"), the White female Vice President of Human Resources employee in New York.
36. Mitchel also met with Brandth and complained of the discrimination and inappropriate behavior that his White co-workers engaged in. Ms. Brandth told Mitchel that if he felt so unsafe at work, he should quit. After this incident, Mitchel became very overwhelmed
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and depressed and requested a non-paid leave of absence. However, Ms. Brandth denied this request.
37. After these complaints, Mitchel was continually subjected to disparate treatment and a hostile work environment. The environment he and his co-workers were forced to endure carried on.
38. Mitchel has since been terminated from Allied in retaliation for his complaints of discrimination and his organization of minorities opposing the years of racial hostility and inequality. In fact, Mitchel was terminated just days after CNN conducted an on-site investigation of Mitchel's workplace as part of their coverage of this case.
B. OCHOA
39. Intervener Ochoa is a Mexican American and a former Sergeant in the Marine Corp. Ochoa was sUbjected to a hostile work environment, racial epithets, threats of violence, intimidation, and offensive depictions while employed at Allied.
40. During Ochoa's employment, he heard numerous racial and ethnic remarks made regarding Black, Hispanic, and other types of minorities.
41. These comments were made by co-workers, supervisors and managers on a frequent basis.
42. In or about May 2004, a cartoon depiction of Ochoa was made and disseminated throughout several locations in Ochoa's workplace. Specifically, a drawing entitled "Mexican Gas Chamber" was created wherein Ochoa was depicted as the central character of this drawing, bound and blindfolded. Ochoa's name was written across the chest of the character.
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43. In the drawing, Ochoa was placed between the buttocks of several White employees who were "passing gas" in Ochoa's face.
44. After this drawing was circulated throughout the workplace, Murphy displayed the drawing on his desk, under glass, for all employees to see, including other employees, managers, and corporate representatives.
45. Upon information and belief, this drawing was on Murphy's desk for over 6 months. 46. At the time Ochoa filed his written complaints to Human Resources and the EEOC, this drawing was on Murphy's desk. 47. Immediately after Ochoa made complaints regarding this and other acts of discrimination towards him and others, Ochoa was retaliated against. 48. Moreover, the hostile work environment continued. As an example, Ochoa overheard an employee say, "Fuck these Mexicans, they can all go back across the border." 49. Ochoa was also informed that Murphy had instructed employees to report Ochoa whenever they could in order to get him terminated. 50. In or about August 2004, Ochoa was instructed to report to Fulmer's office. Upon arriving at Fulmer's office, Ochoa was confronted by both Fulmer and Murphy and accused of carrying a recording device. 51. At this point, Ochoa emptied his pockets, opened his shirt and pulled up the legs of his pants to show them he was not "wired" and was not carrying any type of tape recorder. Fulmer and Murphy inspected Ochoa's bare chest and legs, as well as the contents of his pockets and then allowed him to go.
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52. Furthermore, Ochoa was assigned a heavier work load than his counterparts which required Ochoa to take limited breaks and eat in his truck while others were permitted to take full lunch breaks.
53. In the midst of this harassment and retaliation, Ochoa was diagnosed with stage four liver cancer. As a result, Ochoa was required to take a disability leave. While on leave, and with no notification from Allied, Ochoa received a notice from his insurance company that he had been terminated from his employment with Allied.
54. At no time while out on leave did Ochoa hear from a representative of Allied to either assist him with his leave or benefits, or to wish him well. Instead, he was notified by a third party that his employment had ended and he would be left with no insurance.
55. No representative discussed with Ochoa his candidacy for Long Term Leave, or his possibilities of returning to work.
56. Instead, Ochoa was terminated in retaliation for his claims of discrimination. 57. As a result of a long battle with cancer, exacerbated by his treatment at work, Ochoa passed away. C. DIGORGIO 58. Intervener DiGiorgio is a White male who commenced his employment with Allied on February 2, 1998, as a Fueler. In March 1999, DiGiorgio was promoted to Supervisor. 59. Throughout DiGiorgio's employment, he had witnessed numerous White Allied employees, including supervisors and managers, repeatedly refer to Black co-workers as "niggers."
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60. In November 2003, Duty Manager, Doug Miller ("Miller") stated to DiGiorgio that, "[Eric Mitchel] is a nigger trying to make money off the Company." DiGiorgio immediately informed Miller that he was offended by his comments and requested that he refrain from making such statements in the future.
6l. As a result of DiGiorgio's November 2003 complaints, he was ostracized by management.
62. Miller began to scrutinize DiGiorgio's work performance and threaten him with written disciplinary action. Prior to November 2003, DiGiorgio was never issued any disciplinary action and/or counseled regarding any aspect of his work.
63. Shortly after DiGiorgio voiced his opposition to Miller's discriminatory practices, Supervisor Rubin Guzman (currently a Duty Manager) told DiGiorgio that he needed to "watch his back" and that Randy DeHeart was watching him, waiting for him to "screw up."
64. In January 2004, Fulmer informed DiGiorgio that "he looked like a nigger" referencing his braided hair.
65. During a Supervisors' meeting in or about March 2004, in which DiGiorgio was present, Murphy and Fulmer openly commented about how they felt that "niggers are worthless, they don't do their work."
66. DiGiorgio opposed these practices and comments on numerous occasions, and supported the allegations of several minorities in the workplace.
67. On June 10,2004, DiGiorgio was terminated in retaliation for his opposition to the discriminatory practices taking place at Allied.
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D. GAINES 68. Intervener Gaines is a Black male who commenced his employment with Allied in
April 1999 as a Fueler. He was promoted to Supervisor in February 2006. 69. Throughout his employment, Gaines was subjected to discrimination based on race in
the form of a hostile work environment, denial of promotion, racial epithets and retaliation. 70. For example, in July 2002, Gaines' name appeared on the "Nigger Hit List" that was
found written on the wall of the bathroom in the main compound. He complained to management about the list, but no action was taken.
71. In August 2004, upon arriving at an airplane he was scheduled to refuel, Gaines found that written on the fuel panel were the words "Carl Gaines is a lazy nigger." Gaines called his Duty Manager Rubin Guzman and Guzman came out to the plane with his supervisor. Gaines also called the Department of Public Safety located at DFW Airport and filed a report.
72. After opposing such discriminatory and harassing actions, Gaines was subjected to hostile treatment, further discrimination and retaliation from his supervisors and co-workers.
73. Gaines has also been subjected to retaliation for his opposition to discriminatory practices and his participation in the EEOC's investigation of his charge and the charges of Mitchel, Ochoa and DiGiorgio. In 2005, Gaines applied for a promotion to Supervisor. When he arrived for his interview, HR Vice President Judy Brandth approached Gaines and asked ifhe was taking his name off the list of plaintiffs involved in the EEOC's case against Allied. Gaines responded that he would not. Gaines' interview that immediately followed was abruptly cut
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short. Gaines did not receive the promotion and a less qualified White male was hired for the position instead.
74. Gaines has been treated for stress related symptoms caused by his work environment. 75. Because of his opposition to the discriminatory practices at Allied, Gaines was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. E. BARRETT 76. Intervener Barrett is a Black male who commenced his employment with Allied in July 1993 in the mail department. He has been a Fueler since June 1994. 77. Throughout his employment, Barrett has been subjected to a hostile work environment and different terms and conditions of his employment based on his race. He was also retaliated against for his opposition to the discriminatory environment created by Allied. 78. For example, Barrett witnessed several incidents of racism, including the derogatory picture of Francisco Ochoa and the "Nigger Hit List." 79. Barrett also saw swastikas drawn in various bathrooms at Allied. 80. Because of his opposition to the discriminatory practices at Allied, Barrett was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation.
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F. CERVANTES 81. Intervener Cervantes is a Hispanic male who commenced his employment at Allied in
May 2000 as a Fueler. In May 2005, Cervantes resigned from his position due to the discriminatory treatment he received while employed at Allied.
82. Throughout his employment, Cervantes was subjected to discrimination in the form of a hostile work environment, racial epithets, denial of promotions, disparate treatment, and threats from White co-workers. While Cervantes has brought his concerns to the attention of management and Human Resources, his complaints had never been addressed.
83. For example, in February 2004, Cervantes submitted his resume to management for the position of Supervisor. Upon information and belief, Murphy threw out his resume. Cervantes was never interviewed for the position and the position was given to two White employees with less seniority and experience than Cervantes named Chris Gunn and Jerry Cowell.
84. In August 2004, while riding the shuttle bus with Anthony Walker, they were told by a White co-worker named John Terrell, "You need to get to the back of the bus where you belong." When Cervantes reported this incident to Murphy, Murphy told him ifhe made any type of complaint against Terrell, Cervantes would be terminated.
85. Also in August 2004, while walking with Field Trainer Gary Melburn and other Hispanic co-workers, Cervantes overheard a White co-worker, Scott Casillio, say, "There goes Melburn with his gang of wetbacks." When Cervantes reported this incident to Danny Miller, a White Shop Steward, he was told, "Can you afford to lose your job over filing a complaint about this incident?" When Casillio found out that Cervantes had reported the incident to Miller, he
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told Cervantes to meet him outside in a threatening manner. Mark Edelman also stated to Cervantes, "maybe if you stopped eating all those tamales this wouldn't have happened."
86. Throughout his employment, Cervantes and other minority co-workers were also regularly given heavier work loads then their White counterparts. Minority employees received workloads of 12-13 airplanes to refuel, while White co-workers were only required to refuel 8-9 airplanes.
87. Throughout his employment, Cervantes and other minority co-workers were also subjected to strict overtime regulations and frequent random drug tests. Other similarly situated White co-workers were not subjected to the same treatment.
88. Throughout his employment, Cervantes also witnessed physical evidence of discrimination, such as the "Nigger Hit List", swastikas, racial cartoons, and racial inscriptions on planes.
89. Because of his opposition to the discriminatory practices at Allied, Cervantes was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation.
G. FERNANDEZ
90. Intervener Fernandez is a Hispanic male who commenced his employment with Allied in April 2004. His employment with the company ended in February 2006.
91. Throughout his employment, Fernandez has been subjected to and witness to discrimination in the form of a hostile work environment and racial epithets as well as different terms and conditions of employment.
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92. Throughout his employment, Fernandez overheard racially charged comments made by managers towards other minorities more than once a week.
93. Throughout his employment, Fernandez also witnessed incidents of racism in the form of racial slurs and graffiti on the walls of the bathroom at Allied.
94. Because of his opposition to the discriminatory practices at Allied, Fernandez was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. H. FIRTH
95. Intervener Firth is a White male who is not currently employed with Allied. 96. Throughout his employment with Allied, Firth has been subjected to and witness to discrimination based on race in the form of a hostile work environment as well as different terms and conditions of employment and retaliation. 97. For example, in June of2004, Firth overheard Paul Higgins, Stoney Lowarence, and Donnie Nichols, White male co-workers, say that Andrew Cervantes was "a stupid Mexican." 98. Throughout his employment, Firth witnessed Lowarence, Mark Edelman and Nichols, all White male co-workers, use racial slurs. For example, when they discussed Eric Mitchel they used the term "nigger" as well as other racial slurs. 99. Additionally, Nichols stated to Firth on several occasions that he could go see the "nigger" Walter Kelley for any problems that he had at work. 100. Firth also witnessed Lowarence make a noose and hang it from the ceiling in the coordinator's office month after Deveon Cotton, a Black male, was hired.
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101. Because of his opposition to the discriminatory practices at Allied, Firth was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. I. KELLEY
102. Intervener Kelley is a Black male who commenced his employment at Allied as a Fueler.
103. Throughout his employment, Kelley has been subjected to discrimination based on race in the form of a hostile work environment as well as different terms and conditions of employment and retaliation.
104. As an example, throughout his employment, Kelley overheard racially charged comments made by White co-workers where they referred to minorities as "wet backs" and "niggers." Additionally, he overheard White co-workers refer to people of Polynesian descent as "coconuts. "
105. Additionally, Kelley witnessed White co-workers wearing confederate flag bandannas and confederate flags on the backs of their jackets.
106. Because of his opposition to the discriminatory practices at Allied, Kelley was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. J. LYLES
107. Intervener Lyles is a Black male who was hired by Allied in February 1995 as a Fueling Supervisor. He currently holds the position of Maintenance Supervisor.
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108. Throughout his employment, Lyles has been subjected to discrimination based on race in the form of a hostile work environment as well as different terms and conditions of employment and retaliation.
109. Lyles has been subjected to retaliation for his participation in the EEOC's investigation and prosecution of claims of discrimination and harassment at Allied. In January 2005, Lyles was approached by Judy Brandth, a White Female Vice President of Human Resources, regarding running a station at a different airport. At this time, Brandth commended Lyles on his job performance and thanked him for sacrificing holidays for the company. Brandth also told Lyles that his name was being mentioned in consideration for a management position.
110. However, in February 2005, shortly after discovering that Lyles was involved in the EEOC's case against Allied, Lyles was called into Brandth's office, where she chastised him for being part of the investigation and prosecution of the claims of discrimination. The meeting ended with Brandth asking Lyles to write a statement saying that he had no intention of taking part in the case.
111. Additionally, in April 2005, Lyles was scheduled to work on a job in Sacramento, California. Lyles would have received time and a half in payment for this assignment. Without explanation, Brandth pulled Lyles off of this job at the last minute.
112. Additionally, in July 2005, Lyles was scheduled to work on another job in New York, for which he would have also received time and a half in payment. Lyles was then contacted at home by a White Male Maintenance Manager, Jerry Keeney, and told that he was being pulled from this job, again without explanation.
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113. As a result of being pulled from these jobs without explanation, Lyles has lost significant pay and benefits, as well as consideration for a job promotion.
114. Because of his opposition to the discriminatory practices at Allied, Lyles was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. K. MCCOY
115. Intervener McCoy is a Black male who commenced his employment at Allied on March 23, 2001. He is currently employed as a Fueler with Allied.
116. Throughout his employment, McCoy has witnessed and been subjected to discrimination in the form of a hostile work environment, racial epithets and disparate treatment.
117. For example, in July 2004, while McCoy was eating his lunch, a White co-worker approached McCoy and passed gas directly above his food and then began to laugh about it.
118. Additionally, McCoy and other minority employees were regularly given heavier work loads than their White co-workers, often having to refuel 12-13 airplanes while White coworkers were given only 8-9 planes to fuel.
119. In August 2004, McCoy also witnessed the fuel panel where the words "Carl Gaines is a lazy nigger" were written.
120. Because of his opposition to the discriminatory practices at Allied, McCoy was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation.
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L. MILLS 121. Intervener Mills is a Black male and former Marine Platoon Sergeant who
commenced his employment at Allied in December 1999 as a Fueler. His employment with the company ended in September 2004.
122. Throughout his employment, Mills has witnessed and been subjected to discrimination in the form of a hostile work environment, racial epithets, disparate treatment, and threats from White co-workers. While Mills had brought his concerns to the attention of management and Human Resources, his complaints were never addressed.
123. For example, Mills began working the 2:30pm to 10:30 pm shift. White workers were allowed to leave work 2 hours early with pay for the full shift. When Mills complained to Murphy about the situation, he told Mills that he would look into the situation. Upon information and belief, Murphy took no actions regarding the situation.
124. In July 2002, Mills found the "Nigger Hit List" written in the bathroom wall of the main compound. Mills' name appeared on the list along with other Black employees. When Mills brought the incident to Murphy's attention, Murphy told him to "keep silent about it" and told him he would meet privately with him about it later on. However, Murphy never spoke to Mills regarding the issue.
125. Throughout his employment, Mills would see racial comments written on fuel tanks. He continually reported these comments to Murphy, yet no action was ever taken regarding them.
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126. Throughout his employment, during months where the weather was hot, Mills witnessed White co-workers wearing confederate flag bandannas, which he found offensive. Mills complained about the bandannas to the Murphy and his response was, "They don't mean anything by it."
127. Mills also witnessed the Ochoa cartoon Murphy displayed on his desk under glass. 128. Because of his opposition to the discriminatory practices at Allied, Mills was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. M. NELSON 129. Intervenor Nelson is a Black male who commenced his employment at Allied in March 1979. He was transferred to elite mechanic status ten years ago. 130. Throughout his employment, Nelson has been subjected to discrimination based on race in the form of a hostile work environment. 131. For example, a White male co-worker told Nelson he had a "white man's job" when he first started working with the company and in order to keep his job, he would have to "wrestle a bear, drink a fifth of whiskey and fuck a nigger." 132. Because of his opposition to the discriminatory practices at Allied, Nelson was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation.
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N. SLOAN 133. Intervener Sloan is a Black male who commenced employment at Allied in October
1999 in data entry. He is currently a Purchasing Supervisor. 134. Throughout his employment at Allied, Sloan has been subjected to discrimination in
the form of a hostile work environment. 135. For example, William Timmons, a White male Supervisor, constantly caused
problems with Black and minority employees, including Sloan. Timmons told Sloan's coworker, Carrie Derby, a White female, that she would get promoted if she helped get Sloan fired.
136. Timmons also told another employee, Mike Hill, that "he wishes he could see Jerome outside of work so he could whip his ass."
137. Additionally, Timmons tried to accuse Sloan of stealing parts, when in fact, Timmons was actually ordering parts that were already in stock and stealing them.
138. Sloan and other Black employees complained about Timmons to Hank Fulmer, a White male General Manager. Fulmer accused them of causing problems and told them if they were having problems getting along with people, they will be fired.
139. Throughout his employment, Sloan was frequently tested for drugs, unlike his White co-workers. When a White male co-worker got into an accident with an Allied vehicle, for example, no drug test was administered, despite the fact that it is company policy to perform a drug test after any such incidents.
-24-

140. Sloan frequently overheard White managers and co-workers referring to Black employees as "niggers" on a daily basis and witnessed racial epithets and illustrations around the work environment.
141. Because of his opposition to the discriminatory practices at Allied, Sloan was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. O. TORAM
142. Intervener Toram is a Black male with 17 years seniority working as a Fueler. He was wrongfully terminated from Allied in 2003.
143. Throughout his employment at Allied, Toram has witnessed and been subjected to discrimination in the form of a hostile work environment as well as different terms and conditions of employment and retaliation.
144. For example, Toram, a minority employee with seniority, was regularly given heavier work loads than his White co-workers, often having to refuel 12-13 airplanes while White co-workers with less seniority such as Danny Miller, John Terrell, and J.R. Mitchell, were given only 8-9 planes to fuel.
145. Additionally, Toram noticed that when openings for a new position became available, senior White employees would always apply to the position and then pass them down to lesser qualified White workers in order to circumvent the position going to more qualified senior minority employees.
-25-

146. Toram also observed that many times, if a bus would arrive late to work, the minority workers would be sent home from work for being late, while White employees who were late to work were allowed to work.
147. In September 2003, Toram was wrongfully terminated from Allied for not having a drivers license, even though he produced a copy of his license at a hearing held regarding the matter. Toram believes he was terminated due to his race and in retaliation for his opposition to discriminatory practices.
148. Because of his opposition to the discriminatory practices at Allied, Toram was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. P. WALKER
149. Anthony Walker ("Walker") is a Black male who commenced his employment at Allied in January 2001 as a Fue1er. Walker is still presently employed with the company.
150. Throughout his employment, Walker has been subjected to continuous discrimination in the form of a hostile work environment, racial epithets, disparate treatment, and threats from White co-workers. While Walker has brought his concerns to the attention of management and Human Resources, his complaints have not been addressed.
151. For example, in August 2004, while riding the shuttle bus with Andrew Cervantes, they were told by a White co-worker named John Terrell, "You need to get to the back of the bus where you belong."
-26-

152. Throughout his employment, Walker and other minority co-workers were regularly given heavier work loads then their White counterparts. Minority employees received workloads of 12-13 airplanes to refuel, while White co-workers were only required to refuel 8-9 airplanes.
153. Additionally, Walker and his other minority co-workers are also subjected to strict overtime regulations and frequent random drug tests. Other similarly situated White co-workers were not treated the same.
154. Throughout his employment, Walker also witnessed physical evidence of discrimination, such as confederate flags, the "Nigger Hit List", nooses, swastikas, and racial inscriptions on planes.
155. Walker was also subjected to other acts of retaliation in connection to his opposition to these discriminatory practices. While out on worker's compensation and directly after a story regarding this case aired on CNN, Walker's benefits and medical insurance were cut off without notice.
156. Because of his opposition to the discriminatory practices at Allied, Walker was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. Q. WEBSTER
157. Intervenor Webster is a White male who commenced employment at Allied in April 2000 as a Fueler.
-27-

158. Throughout his employment, Webster has been subjected to continuous discrimination in the form of a hostile work environment, racial epithets and disparate treatment as well as different terms and conditions of employment and retaliation.
159. Throughout his employment, Webster constantly heard White Allied employees, including supervisors and managers, use racial slurs and refer to Black employees as "niggers."
160. In February 2001, Roy Judd said to Webster, "I hear your girlfriend is black, that's okay, there's nothing wrong with a little nigger pussy sometimes."
161. Webster also overheard Donnie Nichols and Greg Brauner talking about a college football game and one said to the other, "why do you want to go to the football game to watch a bunch ofniggers run around, they already run around all over Texas."
162. Webster also witnessed the derogatory picture of Francisco Ochoa, as well as many other racially demeaning drawings and cartoons. Many of the pictures were copied and handed out, and even posted in the smoking room at Allied.
163. Because of his opposition to the discriminatory practices at Allied, Webster was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation. R. WINTERS
164. Intervener Winters is a Black male who commenced his employment with Allied on April 6, 1987 in the mail department. He has been a Fueler since June 1987 and currently holds that position. He was also a shop steward for the union for 15 years.
-28-

165. Throughout his employment, Winters has been subjected to discrimination based on race in the form of a hostile work environment and retaliation.
166. For example, when Winters first became a Fueler in or around July 1987, he reported to his manager, Bill Hester, from the field after completing his third load of the day. When he opened the door to the room, he saw a hangman's noose hanging from the ceiling. As the only minority working under Hester, Winters assumed the noose was meant for him.
167. Winters was also subjected to various other acts of discrimination and harassment in the workplace. He was retaliated against for his opposition to these practices and his involvement in the EEOC's case against Allied. After giving an interview to CNN on his own time regarding the environment at Allied, Winters, who held the position of shop steward with his union for almost fifteen years, was relieved of his duty. At a union hearing regarding the matter, it was stated that Winters was "not a team player" as the reason for the loss of this position, one which he had been voted into for the past fifteen years.
168. Because of his opposition to the discriminatory practices at Allied, Winters was subjected to a hostile work environment and was subjected to different terms and conditions of employment and retaliation.
CAUSES OF ACTION 169. Interveners were subjected to a hostile work environment and other adverse employment actions due to their race and/or national origin and/or good faith opposition to discriminatory practices in violation of the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1981 et seq.; the 1991 Civil Rights Act, as amended, 42 U.S.C. § 1981a et seq.; Title VII of the Civil Rights Act of 1964, as amended and 42 U.S.C. § 2000e et seq.
-29-

WHEREFORE, Interveners demand judgment against Defendants as follows: 170. Preliminary and permanent injunctions against Defendants and their officers, owners, agents, successors, employees, representatives, and any and all persons acting in concert with them, from engaging in each of the unlawful practices, policies, customs, and usages set forth herein; 171. A judgment declaring that the practices complained of herein are unlawful and in violation of the Civil Rights Act of 1871, as amended, 42 U.S.C. §1981 et seq. and the 1991 Civil Rights Act, as amended, 42 U.S.C. § 1981a et seq.; Title VII of the Civil Rights Act of 1964, as amended, and 42 U.S.C. § 2000e et seq. 172. Reinstatement and/or advancement of those Interveners to those jobs they would now be occupying but for Defendants' discriminatory practices; 173. Granting an order restraining Defendants from any retaliation against any Intervener for participation in any form in this litigation; 174. All damages which individual Interveners have sustained as a result of Defendants' conduct, including back pay, front pay, general and special damages for lost compensation and job benefits they would have received but for Defendants' discriminatory practices, and for emotional distress, humiliation, embarrassment, and anguish; 175. Front pay to Interveners until such time as they can be placed in the same positions they would now have occupied but for Defendants' discriminatory practices; 176. Exemplary and punitive damages in an amount commensurate with Defendants' ability and so as to deter future malicious, reckless and/or intentional conduct;
-30-

177. Awarding Interveners their costs and disbursements incurred in connection with this action, including reasonable attorneys' fees, expert witness fees and other costs;
178. Pre-judgment and post-judgment interest, as provided by law; and 179. Granting Interveners such other and further relief as this Court finds necessary and proper.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
-31-

Respectfully submitted,
STEVEN B. THORPE THORPE, HATCHER & WASHINGTON, L.L.P. Attorneys for Plaintiff(Local Counsel) 2929 Carlisle, Suite 250 Dallas, Texas 75204 (214) 969-5500
LEEDS MORELLI & BROWN, P.C. Attorneys for the Plaintiffs (Admitted Pro Hac Vice) One Old Country Road, Suite 347 Carle Place New York 11514 (516) 8 - 550

I certify that a true copy of the foregoing has been served on all counsel of record for the Defendant at the address bellow via United States first class mail, postage prepaid, on this the
L~d3 ay oJ~t, 2006.

Paul E. Hash Rachel D. Ziolkowski JACKSON LEWIS, L.L.P. 3811 Turtle Creek Boulevard, Suite 500 Dallas, Texas 75219

Ronetta J. Francis EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202

-32-

, ""JS 44

(Rev.~

,
\ :-... \

t',
''I',

;\\,,\.-.-

CIVIL COVER SHEET

~ J~\j ~r\h;et ~~~cac

rules

and of court.

the informatIon contaIned herein neither replace nor supplement the filIng and servIce of pleadings or other papers This form, approved by the JudIcIal Conference of the Untted States in September 1974, is reqUIred for the use of the

as reqUIred by Clerk of Court

law, except as for the purpose

o ~Ia ing the civIl docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a)

PLAINTIFFS

DEFENDANTS

--FfE-CE;V}.~r5- EEOC and ERIC MITCHEL, ET AL.

ALLIED AVIATION SERVICES; ALLIED AVIATION FUELING CO. DF TX, INC.; ALLIED AVIATION FUELING OF DALLAS

(b) County of Residence of FIrst LIsted Plai tiff

DAI.I.AS

J 2006 (EXCEPT IN U.S PLA NTIFF ASES/ II

d <»

ounty of Residence of First Listed Defendant (IN U.S PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney's (Firm Name, Addre&>, and Teleph net!t'M, U.S DISTRICT COURT Attorneys (If Known)

LEEDS MORELLI & BROWN, p,r ~HET)tdW~N~IATIU5'~
SUITE 347, CARLE PLACE, NY 11514 (516) 873-9550

S-06Cf1201-

II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

01 U S Government Plamtlff

II 3 Federal Quesllon
(U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" In One Box for Plamtlff

(For DIversIty Cases Only)

and One Box for Defendant)

Citizen of This State

PTF DEF
o I 0 I Incorporated or Pnnclpal Place

PTF DEF 0 4 04

of BUSiness In ThiS State

o 2 U.S Government
Defendant

o 4 DIverSIty
(IndIcate CItIzenshIp of Parties in Item Ill)

CItIzen of Another State

02

0 2 Incorporated and Pnncipal Place of Busmess In Another State

0 5 o5

CItIzen or Subject of a ForeIgn Country

03 0 3 Foreign Nation

0 6 06

IV NATURE OF SUIT (Place an "X" 10 One Box Only)

CONTRACT

TORTS

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES J

0110 Insurance
o 120 Marine o 130 MIller Act

PERSONAL INJURY
o 310 AIrplane o 315 Airplane Product

PERSONAL INJURY 0 362 Personal InJury-
Med Malpracllce

0 610 Agnculture
o 620 Other Food & Drug o 625 Drug Related Seizure

0422 Appeal 28 USC 158 0423 WIthdrawal
28 USC 157

0 400 State ReapportIonment
o04JOAntltrust 430 Banks and Banking

0140 NegotIable Instrument

LIabIlIty

o 150 Recovery of Overpayment 0 320 Assault, LIbel &

0 365 Personal InjUry Product LIabIlIty

of Property 21 USC 881

0 450 Commerce

0 630 Liquor Laws

t--;P~R':':O~Pl':'E;o:'Rl':'T=Y-;R;-;I7G"l'Hl":Ti'lS,....--tO 460 DeportatIOn

o & Enforcement of Judgment

Slander

151 MedIcare Act

0 330 Federal Employers'

o 152 Recovery of Defaulted

LIabIlIty

0 368 Asbestos Personal InjUry Product
LiabIlIty

0 640 R R. & T r u c k Q 820 Copyrights

0 650 AIrlIne Regs.

0 830 Patent

0 660 Occupational

0 840 Trademark

0 470 Rackeleer Influenced and Corrupt OrganIzatIons
0 480 Consumer CredIt

Student Loans

0 340 Manne

PERSONAL PROPERTY

Safety/Health

0 490 Cable/Sat TV

o (Excl Veterans)

0 345 Manne Product

153 Recovery of Overpayment

LIabIlIty

0 370 Other Fraud 0 371 Truth In Lendmg

F0"';'6;9";0;"O;t=h7e-rL-::A";!B:':'O~R~---+-r.I:~:SO~C~IA':'"L~S'l:'E7C~U;';'R:;I::OT~y--0-i0

810 SelectIve ServIce 850 SecurItIes/CommodItIes!

of Veteran's Benefits
o 160 Stockholders' Suits
o 190 Other Contract

0 350 Motor VehIcle 0 355 Motor VehIcle
Product LIabIlIty

0 380 Other Personal Property Damage
0 385 Property Damage

P 710 FaIr Labor Standards
Act
0 720 Labor/Mgmt RelatIOns

i~ 861 HIA (1395fl) 0862 Black Lung (923) 0863 DIWC/DIWW (405(g))

Exchange 0 875 Customer Challenge
12 USC 3410

o 195 Contract Product LIabIlIty 0 360 Other Personal

Product LIabIlIty

0 730 Labor/Mgmt ReportIng 0 864 SSID TItle XVI

0 890 Other Statutory ActIOns

o 196 FranchIse
REAL PROPERTY

InjUry CIVIL RIGHTS

& DIsclosure Act PRISONER PETITIONS 0 740 RaIlway Labor Act

F0';8F~6E~5D:;RE'S;I:R(A4~0L~5T(~gA)~)X~S:::U~I::;T~S~-0IO

891 Agncultural Acts 892 Economic StabIlIzatIOn Act

p -Q"'2";1O~L;;:a~n~d"C';;0;';;ndTe';;m;';n;';at;';io;"n--""IQ"""'4"4;;';1;";V~ot;';;'In~g==';;"--f,0w:.:;5;;'10;;'M;';;;ot;;;lo:':n:":s;;;to:':V~ac;;'a;';te~0 790 Other Labor LItIgation

870 Taxes (U.S. PlaIntiff 0 893 EnVIronmental Matters

0220 Foreclosure
o 230 Rent Lease & EJecllnent
o 240 Torts to Land o 245 Tort Product liabIlIty o 290 All Other Real Property

~ 442 Employment

Sentence

0 791 Empl. Ret. Inc.

0 443 HOUSIng!

Habeas Corpus:

Security Act

Accommodahons

0 530 General

0 444 Welfare

0 535 Death Penalty

0 445 Amer. w/DlSabllities - 0 540 Mandamus & Other

o Employment

550 CIVIl Rights

o o 446 Amer w/Dlsabliitles - 555 PrISon CondItIon

or Defendant)
0 871 IRS-ThIrd Party
26 USC 7609

0 894 Energy AllocatIOn Act 0 895 Freedom of Information
Act 0 900 Appeal of Fee DetemlInalIon
Under Equal Access to JustIce 0 950 ConstitutIOnality of

o Other 440 Other CIVIl RIghts

State Statutes

V. ORIGIN
~ 1 Onginal
Proceeding

o (Place an "X" In One Box Only)

2 Removed from

0 3 Remanded from

State Court

Appellate Court

0 4 Reinstated or 0
Reopened

Transferred from
5 another distnct
(specify)

0 6 Multidlstrict
LItigation

Cite the U.S. Civil Statute under whIch you are filing (Do not cite jurisdictional statutes unless diversity):

Appeal to Distnct
o Judge from
7 Magistrate
Judgment

VI. CAUSE OF ACTION BnefdescripttOn of cause: 42 USC SEC 1981 et seq.; TITLE VII CIVIL RIGHTS 1964; 42 USC SEC 2000(e) et seq.

VII. REQUESTED IN COMPLAINT:

D CHECK IF THIS IS A CLASS ACTION

DEMAND $

UNDER F.R.C.P. 23

Undetermined

VIII. RELATED CASE(S)
IF ANY

(See mstructlOns).

JUDGE

DATE

SIGNATURE OF ATTORNEY OF RECORD

JULY 5 2006
FOR OFFICE USE

RECEIPT #

APPLYING IFP

JUDGE

CHECK YES only if demanded In complaint:

JURY DEMAND:

iii Yes DNo

DOCKET NUMBER

MAG JUDGE

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

and

§

§

ERIC MITCHEL, et al.,

§

§

Intervenors,

§

§

v.

§

§

ALLIED AVIATION SERVICES, INC., §

ALLIED AVIATION FUELING CO. OF §

DALLAS, LP and ALLIED AVIATION §

FUELING COMPANY OF TEXAS, INC., §

§

Defendants.

§

Civil Action No. 3:05-CV-1379-L

ORDER

Before the court is Defendants’ Motion to Dsimiss and Brief in Support, filed July 26, 2006,

and the Intervenors’ Response, filed August 14, 2006. For the reasons discussed below, the court

denies the Motion to Dismiss.

I. Background

Plaintiff Equal Employment Opportunity Commission (the “EEOC” or “Plaintiff”) filed this

action on July 11, 2005, against Defendant Allied Aviation Se rvices, Inc. (“Allied Services”).

Plaintiff alleges race discrimination and retaliation on behalf of three named individuals1 and other

similarly situated em ployees of Allied Services. Allied S ervices filed a m otion to dism iss on

1 The named individuals are Eric Mitchel, Francisco Ochoa, and Christopher DiGiorgio. Order - Page 1

September 12, 2005, contending that it was not the employer of the individuals represented by the EEOC, and that the pleadings did not state thatan employment relationship existed between Allied Services and the individuals represented by the EEOC.
Pursuant to 28 U.S.C. § 636( b), and an order of the court in im plementation thereof, the motion was ref erred to the United States m agistrate judge f or proposed f indings and recommendation. On October 25, 2005, the Findings and Recomme ndation of the United States Magistrate Judge (“Report”) were filed. On November 3, 2005, Allied Services filed its Objections to the Findings and Recommendations of the UnitedStates Magistrate JudgeRegarding Defendant’s Motion to Dismiss (“Objections”).
The magistrate judge found that under the exacting standards governing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), “the court is unable to say that the EEOC can prove no set of facts which would entitle it to relief.” Report at 3. Specifically, the magistrate judge reviewed the following allegation in the complaint:
During the employment of Mr. Mitchel, Mr. Ochoa, Mr. DiGiorgio and the class of similarly situated aggrieved individuals, Defendant subjected them to a barrage ofunwelcome racial remarks, graffiti and threats of physical violence, as well and [sic] subj ecting them to disparate terms and conditions of em ployment, and in failing to promote at least one aggrieved individual because of his race[.] Plaintiff’s Complaint ¶7. The magistrate judge determined that this allegation, “construed in the light most favorable to plaintiff, clearly implies an employment relationship between the [named individuals] and [Allied].” Report at 3. The magistrate judge further noted that proof that Allied was not an employer within the meaning of Title VII would require cons ideration of extraneous evidence outside the pleadings, which the court cannot do when ruling on a Rule 12(b)(6) motion. Id. The magistrate judge recommended that the motion to dismiss be denied.
Order - Page 2

In its Objections, Allied Services argued thatthe magistrate judge erred because the EEOC had not alleged sufficient facts to state a claim that it was the employer of any of the individuals. The court disagreed, finding that Plaintiff had celarly met its pleading obligation under Fed. R. Civ. P. 12(b)(6). The court noted that, “[i]f it is later determined that Defendant is not the employer of the individuals represented by Plaintiff, t hen the court would agree that it does not have subject matter jurisdiction; however, at this stage of litigation, it has not been demonstrated to the court that it lacks subject m atter jurisdiction.” The court denied Allied Se rvices’s Motion to Dism iss on November 10, 2005. II. Defendants’ Motion to Dismiss
In May 2006, the EEOC amended its Complaint, adding Allied Aviation Fueling of Dallas, LP and Allied Aviation Fueling of Texas, Inc. as Defendants. In addition, the court granted the motion of certain employees or former employees of Defendants to intervene in this lawsuit.2 The Intervenors assert that the Defendants engaged in race discrimination, harassment and retaliation against them in violation of Title VII.
The Defendants now move to dismiss the Intervenors’ Complaint on the same grounds raised by Allied Services’ prior motion. Defendants assert that Allied Aviation Services, Inc. and Allied Aviation Fueling Company of Texas, Inc. are not proper parties to this lawsuit because they were not the employers of the Intervenors. Defendants assert that the entity that employed the Intervenors is Allied Aviation Fueling of Dallas, LP, and thus it is the only proper defendant. Defendants also assert that “nowhere on the face of Plaintiff’s peladings does it state that an employment relationship
2 The intervenors are Eric Mitchel, Francisco Ochoa, Christopher DiGiorgio, Carl Gaines, Mark Barre t, Andrew Cervantes, Tristian Fernandez, Henry Firth, W alter Kelley, W ilborn Lyles, David McCoy, Scotty Mills, Michael Nelson, Jerome Sloan, Josh Toram Sr., Anthony Walker, Mark Webster, and Willie Winters. Order - Page 3

existed between Allied Aviation or Allied Texas and any of the individual Intervenors.” A motion to dismiss for failure to state a clami under Fed. R. Civ. P. 12b()(6) “is viewed with
disfavor and is rarely granted.” Lowrey v. Texas A&M University System, 117 F.3d 242, 247 (5th Cir. 1997). A district court cannot dismiss a complaint, or any part of it, for failure to state a claim upon which relief can be granted “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir. 1995). In reviewing a Rule 12(b)(6) motion, the court must accept all well-pleadedfacts in the complaint as true and view them in the light most favorable to the plaintiff. Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. 1996). In ruling on such a motion, the court cannot look beyond the pleadings. Id. The ultimate question in a Rule 12(b)(6) motion is whether the complaint states a valid cause of action when it is viewed in the light most favorable to the plaintiff and every doubt resolved in favor of the plaintiff. Lowrey, 117 F.3d at 247. The plaintiff, however, must plead specific facts, not mere conclusory allegations, to avoid dismissal. Guidry v. Bank of LaPlace, 954 F.2d 278, 281 (5th Cir. 1992).
The court denies Defendants’ current motion to dismiss for the same reasons it denied the previous motion. The Intervenors’ Complaint asserts sufficient facts to state a claimthat Defendants were their empl oyers. The Intervenors allege generally that they have been aggrieved by Defendants’ actions, and that Defendants have actively engaged in a pattern of unlawful discrimination and retaliation and/or knowingly encouraged and tolerated such discrimination and retaliation by their em ployees located in their DFW workplace. The Com plaint also details allegations of Defendants’ unlawful conduct specificto each individual. Proof that Allied Aviation Services, Inc. and Allied Aviation Fueling Com pany of Texas, Inc. were not the Intervenors’
Order - Page 4

employers within the m eaning of Title VII would require consideration of extraneous evidence outside the pleadings, which the court cannot do when ruling on a Rule 12(b)(6) motion. The court hereby denies Defendants’ Motion to Dismiss.
It is so ordered this 5th day of January, 2007. _________________________________ Sam A. Lindsay United States District Judge
Order - Page 5

 
 Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

and

}

}

ERIC MITCHEL, FRANCISCO OCHOA,

}

CHRISTOPHER DIGIORGIO, CARL

}

GAINES, MARK BARRET, ANDREW

}

CERVANTES, TRISTIAN FERNANDEZ

}

HENRY FIRTH, WALTER KELLEY,

}

WILBORN LYLES, DAVID McCOY,

}

SCOTTY MILES, MICHAEL NELSON

}

JEROME SLOAN, JOSH TORAM SR.,

}

ANTHONY WALKER, MARK WEBSTER, }

and WILLIE WINTERS,

}

}

Intervenors

}

}

v.

}

}

ALLIED AVIATION SERVICES, INC.,

}

ALLIED AVIATION FUELING OF

}

DALLAS , LP, ALLIED AVIATION

}

FUELING COMPANY OF TEXAS, INC.

}

}

Defendants.

}

__________________________________________}

CIVIL ACTION NO. 3:05-CV-1379L

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and between the Plaintiff, Equal

Employment Opportunity Commission (“EEOC”), the Intervenors ERIC MITCHEL,

FRANCISCO OCHOA, CHRISTOPHER DIGIORGIO, CARL GAINES, MARK BARRET,

ANDREW CERVANTES, TRISTIAN FERNANDEZ, HENRY FIRTH, WALTER KELLEY,

1
CONSENT DECREE

Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 2 of 9

WILBORN LYLES, DAVID McCOY, SCOTTY MILES, MICHAEL NELSON, JEROME

SLOAN, JOSH TORAM SR., ANTHONY WALKER, MARK WEBSTER, and WILLIE

WINTERS (“Intervenors”), and the Defendants ALLIED AVIATION SERVICES, INC.,

ALLIED AVIATION FUELING OF DALLAS , LP, ALLIED AVIATION

FUELING

COMPANY OF TEXAS, INC. (“Defendants”) in the United States District Court for the

Northern District of Texas, Dallas Division, with regard to the Complaints and Amended

Complaints filed by the EEOC and Intervenors (“the Complaints”), in Civil Action No. 3:05-

CV-1379L. The Complaints were based upon Charges of Discrimination filed by the Intervenors

against the Defendants with the EEOC.

The Complaints allege that the Defendants violated Title VII of the Civil Rights Act of

1964 and Title I of the Civil Rights Act of 1991, by subjecting the Intervenors to a hostile work

environment and disparate treatment because of their race and national origin, and by subjecting

some of the Intervenors to retaliation. The Intervenors’ Complaint also includes claims of

discrimination under 42 U.S.C. Section 1981.

The EEOC, Intervenors and the Defendants agree to compromise and settle the

differences embodied in the Complaints, and intend that the terms and conditions of the

compromise and settlement be set forth in this Consent Decree (“Consent Decree”). It is

understood and agreed that this Consent Decree is in compromise of disputed claims, and that

this Consent Decree shall not in any way be construed as an admission by Defendants of a

violation of any federal, state, or local statute, law or regulation, or a violation of any right of the

aggrieved individuals or any other person.

2
CONSENT DECREE

Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 3 of 9
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC charges of discrimination filed by Eric Mitchel, Francisco Ochoa, Carl Gaines and Christopher DiGiorgio. This Decree further resolves all issues in the Complaints filed by the EEOC and the Intervenors in this civil action. The EEOC and Intervenors waive further claims and/or litigation on all issues raised in the above-referenced Charges and Complaints. The EEOC does not waive processing or litigating charges other than the above-referenced Charges.
2. Defendants agree that under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991 or 42 U.S.C. Section 1981, they shall conduct all employment practices in a manner which does not subject any employee to race or national origin discrimination, including harassment, disparate terms and conditions of employment and/or retaliation.
3. Defendants and their officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, or any of them, agrees under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991 or 42 U.S.C. Section 1981 to refrain from: (i) discriminating against employees on the basis of race; (ii) engaging in or being a party to any action, policy or practice that is intended to or is known to them to have the effect of harassing or intimidating any employee on the basis of his/her race; and/or (iii) creating, facilitating or permitting the existence of a work environment that is racially hostile to its employees.
3
CONSENT DECREE

Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 4 of 9
4. Defendants agree that under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991 or 42 U.S.C. Section 1981 there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge; giving testimony or assistance or participating in any manner in any investigation, proceeding or hearing under Title VII.
5. Defendants and their officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, or any of them, agrees under Title VII of the Civil Rights Act and Title I of the Civil Rights Act of 1991 or 42 U.S.C. Section 1981 to refrain from engaging in, implementing or permitting any action, policy or practice with the purpose of retaliating against any current or former employee because he or she opposed any practice of race discrimination, racial harassment or racially hostile work environment, made unlawful under Title VII; filed a Charge of Discrimination alleging any such practice; testified or participated in any manner in any investigation, proceeding, or hearing in connection with this case and/or relating to any claim of race discrimination, racial harassment or racially hostile work environment, was identified as a possible witness in this action; asserted any rights under this Consent Decree; or sought and/or received any monetary and/or non-monetary relief in accordance with this Consent Decree.
6. Defendants agrees to post the Notice appended hereto as “Attachment A” on the employee bulletin board(s) in prominent and conspicuous locations at all Allied Aviation facilities within thirty (30) days after entry of this Consent Decree. Defendants will report to the EEOC that they have complied with this requirement within thirty (30) days after posting the Notice. Defendants agree to distribute the Notice attached as “Attachment A” to each current
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Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 5 of 9
and future employee of Allied Aviation, stating the following: “This is a copy of Allied Aviation’s policy against discrimination. Allied Aviation hereby states its commitment to providing a workplace free of discrimination of any kind. Please read the policy and keep a copy for your records.” Defendants agree to distribute this policy to each current employee within 30 days after entry of this Consent Decree. New employees will be given a copy of the notice upon hire. This procedure will remain in effect during the three-year pendency of this Consent Decree
7. The Notice shall also inform employees where to report violations of Defendants’ policy against harassment, the name of the designated company official to whom they should report said violations, along with the address and telephone number of the Dallas District Office of the EEOC. The notice shall remain posted for the duration of this Consent Decree. In the event that the persons and/or departments to whom individuals should make complaints alleging racial harassment, race or national origin-based discrimination and/or retaliation change during the term of the Consent Decree such that the information contained in the notice is no longer accurate, Defendants shall immediately prepare and post a revised notice that contains the correct information. Defendants shall promptly thereafter forward a copy of the revised notice to the EEOC.
8. Defendants agree to conduct training once a year for all of its employees, owners and managers at all Allied Aviation facilities, advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. Defendants will also establish a process to train new employees about the requirements and prohibitions of Title VII. The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating
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Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 6 of 9
Title VII. The training will also include a specific discussion or instruction relating to the issue of racial and national origin harassment and a hostile work environment. The training shall be at least one hour in duration. Defendants agree to give written notice to the EEOC within fourteen (14) days after each training session, providing the following information: (a) the date and location of the training; (b) the list of employees attending; (c) the name of the person providing the training; and (d) the substance of the training.
9. Defendants agree they shall impose discipline--up to and including termination, suspension without pay or demotion--upon any supervisor or manager who is found by reasonable evidence to have engaged in discrimination or race-based or national origin harassment or permitted any such conduct to occur in his or her work area or among employees under his or her supervision, or who retaliated against any person who complained or participated in any investigation or proceeding concerning any such conduct. Defendants shall communicate this policy to all of their supervisors and managers, including but not limited to line supervisors, duty managers, operating managers and general managers.
10. Defendants agrees that they shall continue to advise all managers and supervisors of their duty to actively monitor their work areas to ensure employees’ compliance with the company’s policy against racial harassment, and to report any incidents and/or complaints of discrimination, race-based or national origin harassment and/or retaliation of which they become aware to the persons charged with handling such complaints.
11. Within fourteen (14) days after entry of this Consent Decree, Defendants agree to remove from the Intervenors’ personnel files all documents, entries and references relating to the following: the facts and circumstances which led to the filing of her charge of discrimination; the
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CONSENT DECREE

Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 7 of 9
charge itself; and the complaint filed by the EEOC in federal court based upon their Charges of Discrimination. Defendants shall send a report to the EEOC within fourteen (14) days after expungement, describing the specific items expunged from the Intervenors’ personnel files.
12. Without making any admission of liability or agreeing that any violation of federal, state or local law, statute or regulation took place, but instead only to compromise and resolve disputed claims, Defendants agree to pay $ 1,885,000.00 to resolve all claims for damages to the Intervenors, including attorney’s fees. The Intervenors shall be responsible for any tax liability arising out of the payment and shall indemnify and hold Defendants harmless therefrom.
13. Within sixty (60) days of the entry of this Consent Decree or within sixty (60) days of the receipt of valid addresses and social security numbers of the Intervenors from the Intervenors' counsel, whichever is later, Defendants will issue a check, made payable to each Intervenor, in the amounts specified by the EEOC, with a copy of the checks sent to EEOC Supervisory Trial Attorney Suzanne M. Anderson, 207 S. Houston Street, Third Floor, Dallas, Texas 75202.
14. Defendants agree to forward to the EEOC copies of all complaints alleging discrimination on the basis of race, national origin or retaliation against the Defendants, including any notes or other written documentation evidencing Defendant’s investigation of the complaints and the remedial action taken, if any, during the 3-year term of this Consent Decree.
15. Defendants agree to report to the EEOC within thirty (30) days of entry of this Consent Decree regarding its compliance with the agreements set forth in paragraphs 5 through
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Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 8 of 9

15, above. Defendants shall report to the EEOC regarding training as specifically outlined in paragraph No. 8.
16. All reports to the EEOC required by this Decree shall be sent to Suzanne M. Anderson, Supervisory Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
17. If Defendants fail to tender payment or otherwise fails to timely comply with the terms of paragraphs 12-13, above, Defendants shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts from date of non-compliance; and
b. Bear any additional costs incurred by the EEOC caused by the non-compliance or delay of the Defendants.
18. Neither the EEOC, the Intervenors nor the Defendants shall contest the validity of this Consent Decree nor the jurisdiction of the federal district court to enforce this Consent Decree and its terms or the right of any party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by any such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendants fail to perform the promises and representations contained herein. The EEOC shall determine whether Defendants have complied with the terms of this Consent Decree and shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court.
19. The term of this Decree shall be for three (3) years. SO ORDERED, ADJUDGED AND DECREED this 10th day of March, 2008.

CONSENT DECREE

_________________________________ Sam A. Lindsay United States District Judge
8

Case 3:05-cv-01379 Document 116 Filed 03/10/2008 Page 9 of 9

AGREED AS TO FORM AND SUBSTANCE:
FOR THE PLAINTIFF EEOC
ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782
/s/ Suzanne M. Anderson SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 207 S. Houston Dallas, Texas 75202 (214) 253-2740 (214) 253-2749 (Facsimile)
FOR THE INTERVENORS:
/s/ Jay D. Ellwanger JAY D. ELLWANGER Texas Bar No. 24036522
DINOVO PRICE ELLWANGER LLP P.O. Box 201690 Austin, Texas 78720-1690 (512) 681-4012 (512) 628-3410 (Facsimile)

FOR THE DEFENDANTS:
/s/ Paul Hash PAUL ELLIS HASH Texas Bar No. JACKSON LEWIS 3811 Turtle Creek Blvd, Suite 500 Dallas, Texas 75219 (214) 520-2400 (214) 520-2008 (Facsimile)
RACHEL D ZIOLKOWSKI Texas Bar No. JACKSON LEWIS 3811 Turtle Creek Blvd., Suite 500 Dallas, Texas 75219 (214) 520-2400

/s/ James Vagnini JAMES VAGNINI Valli Kane & Vagnini LLP 600 Old Country Rd Suite 207 Garden City, NY 11530 (516) 203-7180 (516) 706-0248 (Facsimile)

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 5/31/2017

District Version 6.1.1
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:05-cv-01379-L

CLOSED,JURY

Equal Employment Opportunity Commission v. Allied Aviation Services Inc Assigned to: Judge Sam A Lindsay Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 07/11/2005 Date Terminated: 02/29/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Employment Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Suzanne M Anderson Equal Employment Opportunity Commission Dallas District Ofﬁce 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Robert A Canino , Jr Equal Employment Opportunity Commission Dallas District Ofﬁce 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2750 Fax: 214/253-2749 Email: robert.canino@eeoc.gov ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?304983801895681-L_1_0-1

Ronetta J Francis Equal Employment Opportunity Commission Dallas District Ofﬁce 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov TERMINATED: 08/16/2007 Bar Status: Admitted/In Good Standing
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V. Intervenor Plaintiff Mark Barret
Intervenor Plaintiff Andrew Cervantes

represented by James A Vagnini Valli Kane & Vagnini LLP 600 Old Country Rd Suite 207 Garden City, NY 11530 516/203-7180 Fax: 516/706-0248 Email: jvagnini@vkvlawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger DiNovo Price Ellwanger & Hardy LLP 400 South Zang Blvd. Suite 1202 Dallas, TX 75208 214/948-3334 Fax: 214/853-9410 Email: jellwanger@dpelaw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe Thorpe Hatcher & Washington PLLC 2214 Main Street Dallas, TX 75201 214/969-5500 Fax: 214/969-9060 Email: thwlaw@airmail.net TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing

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Intervenor Plaintiff Tristian Fernandez TERMINATED: 04/23/2008
Intervenor Plaintiff Henry Firth TERMINATED: 04/23/2008
Intervenor Plaintiff Carl Gaines

District Version 6.1.1
represented by James A Vagnini (See above for address) TERMINATED: 04/23/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) TERMINATED: 04/23/2008 ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) TERMINATED: 04/23/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) TERMINATED: 04/23/2008 ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address)

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Intervenor Plaintiff Christopher Di Giorgio
Intervenor Plaintiff Walter Kelley
Intervenor Plaintiff Wilborn Lyles
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District Version 6.1.1
TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
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Intervenor Plaintiff David McCoy
Intervenor Plaintiff Eric Michel
Intervenor Plaintiff Scotty Mills
Intervenor Plaintiff Michael Nelson
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District Version 6.1.1
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini
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Intervenor Plaintiff Francisco Ochoa TERMINATED: 03/19/2007
Intervenor Plaintiff Jerome Sloan
Intervenor Plaintiff Josh Toram, Sr TERMINATED: 04/23/2008
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District Version 6.1.1
(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) TERMINATED: 04/23/2008
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Intervenor Plaintiff Anthony Walker
Intervenor Plaintiff Mark Webster
Intervenor Plaintiff Willie Winters
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District Version 6.1.1
LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) TERMINATED: 04/23/2008 ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY
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Intervenor Plaintiff Diana Ochoa on behalf of FRANCISCO OCHOA, deceased

District Version 6.1.1
ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing
represented by James A Vagnini (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Not Admitted
Jay D Ellwanger (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Steven B Thorpe (See above for address) TERMINATED: 01/11/2008 Bar Status: Admitted/In Good Standing

V. Defendant Allied Aviation Services Inc
https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?304983801895681-L_1_0-1

represented by Paul Ellis Hash Jackson Lewis PC 500 North Akard, Suite 2500 Dallas, TX 75201 214/520-2400 Fax: 214/520-2008 Email: hashp@jacksonlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Rachel Ziolkowski Ullrich FordHarrison LLP 1601 Elm Street, Suite 4450 Dallas, TX 75201 214-256-4700 Fax: 214-256-4701 Email: rullrich@fordharrison.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
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Defendant Allied Aviation Fueling Company of Dallas LP
Defendant Allied Aviation Fueling Company of Texas Inc

District Version 6.1.1
represented by Paul Ellis Hash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Rachel Ziolkowski Ullrich (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
represented by Paul Ellis Hash (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Rachel Ziolkowski Ullrich (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Date Filed

# Docket Text

07/11/2005

1 COMPLAINT against Allied Aviation Services Inc, ﬁled by Equal Employment Opportunity Commission. (kdc, ) (Entered: 07/07/2006)

07/11/2005

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (kdc, ) (Entered: 07/07/2006)

07/11/2005

***Magistrate Judge Kaplan chosen by random selection to handle matters that may be referred in this case. (kdc, ) (Entered: 07/07/2006)

07/11/2005

2 Summons Issued as to Allied Aviation Services Inc (B Jason harwell, Registered Agent). (kdc, ) Additional attachment(s) added on 7/7/2006 (kdc, ). (Entered: 07/07/2006)

07/11/2005

3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (kdc, ) (Entered: 07/07/2006)

09/12/2005

4 MOTION to Dismiss by Allied Aviation Services Inc with Brief in Support. (kdc, ) (Entered: 07/07/2006)

09/12/2005

ANSWER to Complaint by Allied Aviation Services Inc, (See #4 for image). (kdc, ) (Entered: 07/07/2006)

09/13/2005

5 ORDER Requiring Attorney Conference and Status Report. This conference shall take place no later than 9/28/05. Status Report due by 10/13/2005. See order for speciﬁcs. (Signed by Judge Sam A Lindsay on 9/13/05) (kdc, ) (Entered: 07/07/2006)

09/30/2005

6 RESPONSE in Opposition ﬁled by Equal Employment Opportunity Commission re 4 MOTION to Dismiss. (kdc, ) (Entered: 07/07/2006)

09/30/2005

7 Memorandum in Support ﬁled by Equal Employment Opportunity Commission re 6 Response in Opposition. (kdc, ) (Entered: 07/07/2006)

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10/12/2005 10/13/2005 10/17/2005 10/21/2005 10/24/2005 10/25/2005
11/01/2005 11/01/2005 11/03/2005 11/03/2005 11/07/2005 11/07/2005 11/10/2005
11/14/2005 11/15/2005 12/05/2005 12/13/2005

District Version 6.1.1
8 MOTION to Compel and Request for Expedited Hearing by Allied Aviation Services Inc with Brief in Support. (kdc, ) (Entered: 07/07/2006)
9 Joint STATUS REPORT by Equal Employment Opportunity Commission, Allied Aviation Services Inc. (kdc, ) (Entered: 07/07/2006)
10 MOTION to Quash by Equal Employment Opportunity Commission with Brief in Support. (kdc, ) Additional attachment(s) added on 7/7/2006 (kdc, ). (Entered: 07/07/2006)
11 ORDER REFERRING MOTION to Judge Kaplan: 4 Motion to Dismiss ﬁled by Allied Aviation Services Inc. (Signed by Judge Sam A Lindsay on 10/21/2005) (kdc, ) (Entered: 07/07/2006)
12 ORDER re: Defendant's mtn to compel discovery. Counsel shall meet face to face by 10/28/05. A joint status report shall be ﬁled by 11/1/05. See order for speciﬁcs. (Signed by Judge Jeff Kaplan on 10/24/2005) (kdc, ) (Entered: 07/07/2006)
13 FINDINGS AND RECOMMENDATIONS re 4 MOTION to Dismiss ﬁled by Allied Aviation Services Inc. It is recommended that the mtn should be denied. See order for speciﬁcs. (Signed by Judge Jeff Kaplan on 10/25/05) (kdc, ) Modiﬁed on 7/17/06 (lrl, ) (Entered: 07/07/2006)
14 ORDER. Counsel are directed to submit an agreed order on dft's mtn to compel, signed by at least one attorney for each party, to the chambers of the magistrate judge by 11/4/05. (Signed by Judge Jeff Kaplan on 11/1/05) (kdc, ) (Entered: 07/07/2006)
15 Joint Report of the Parties Regarding Face-to-Face Conference on Defendant's Motion to Compel by Equal Employment Opportunity Commission, Allied Aviation Services Inc. (kdc, ) (Entered: 07/07/2006)
16 OBJECTION ﬁled by Allied Aviation Services Inc re 13 Findings and Recommendations. (kdc, ) (Entered: 07/07/2006)
17 ORDER granting 8 Motion to Compel. See order for speciﬁcs. (Signed by Judge Jeff Kaplan on 11/3/2005) (kdc, ) (Entered: 07/07/2006)
18 RESPONSE ﬁled by Allied Aviation Services Inc re 10 MOTION to Quash and Brief in Support. (kdc, ) (Entered: 07/07/2006)
19 Appendix in Support ﬁled by Allied Aviation Services Inc re 18 Response to Motion to Quash and Brief in Support. (kdc, ) (Entered: 07/07/2006)
20 ORDER ADOPTING 13 Findings and Recommendations of the United States Magistrate Judge denying 4 Motion to Dismiss ﬁled by Allied Aviation Services Inc. The Court overrules Dft's Objections. (Signed by Judge Sam A Lindsay on 11/10/2005) (kdc, ) (Entered: 07/07/2006)
21 ORDER REFERRING MOTION to Judge Kaplan: 10 Motion to Quash ﬁled by Equal Employment Opportunity Commission. (Signed by Judge Sam A Lindsay on 11/14/2006) (kdc, ) (Entered: 07/07/2006)
22 Memorandum ORDER granting in part and denying part 10 Motion to Quash ﬁled by Equal Employment Opportunity Commission. See order for speciﬁcs. (Signed by Judge Jeff Kaplan on 11/15/2005) (kdc, ) (Entered: 07/07/2006)
23 Agreed PROTECTIVE ORDER. See order for speciﬁcs. (Signed by Judge Jeff Kaplan on 12/5/05) (kdc, ) (Entered: 07/07/2006)
24 SCHEDULING ORDER: Amended Pleadings due by 6/5/2006. Discovery due by

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2/2/2007. Pretrial Conference set for 8/3/2007 10:00 AM before Judge Sam A Lindsay. Joinder of Parties due by 4/3/2006. Trial set for 8/6/2007 before Judge Sam A Lindsay. Motions due by 4/6/2007. Pretrial Materials due by 7/16/2007. (Signed by Judge Sam A Lindsay on 12/13/2005) (kdc, ) (Entered: 07/07/2006)

12/13/2005

25 MEDIATION ORDER: The court has determined that this case is appropriate for mediation. That parties are therefore directed to participate in mediation by September 29, 2006. - (see order for speciﬁcs) (Signed by Judge Sam A Lindsay on 12/13/2005) (kdc, ) (Entered: 07/07/2006)

12/28/2005

26 CERTIFICATE OF Deposition upon Written Questions from Dallas Area Rapid Transit. (kdc, ) (Entered: 07/07/2006)

03/30/2006

27 MOTION for Leave to Intervene by Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley, Wilborn Lyles, David McCoy, Eric Michel, Scotty Mills, Michael Nelson, Francisco Ochoa, Jerome Sloan, Josh Toram, Sr, Anthony Walker, Mark Webster, Willie Winters. (kdc, ) (Entered: 07/07/2006)

03/31/2006

28 MOTION for Leave to Amend Its Complaint and Add Additional Parties by Equal Employment Opportunity Commission with Incorporated Brief. (kdc, ) (Entered: 07/07/2006)

04/03/2006

29 Application and Order for Admission Pro Hac Vice by James Vagnini for Eric Michel, Francisco Ochoa, Christopher DiGiorgio, Carl Gaines, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Walter Kelley, Wilborn Lyles, David McCoy, Scotty Mills, Michael Nelson, Jerome Sloan, Josh Toram Sr., Anthony Walker, Mark Webster and Willie Winters. (Signed by Judge Sam A Lindsay on 4/3/2006) (kdc, ) (Entered: 07/07/2006)

05/05/2006

30 ORDER granting 28 Motion for Leave to Amend its Complaint and Add Additional Parties. Plaintiff shall ﬁle its Amended Complaint by May 12, 2006. (Signed by Judge Sam A Lindsay on 5/5/2006) (kdc, ) (Entered: 07/07/2006)

05/05/2006

31 AMENDED COMPLAINT against Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc ﬁled by Equal Employment Opportunity Commission.(kdc, ) (Entered: 07/07/2006)

05/05/2006

32 AMENDED CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission. (kdc, ) (Entered: 07/07/2006)

05/19/2006

33 Speciﬁc Averment and Brief in Support and ANSWER to Amended Complaint by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc.(kdc, ) (Entered: 07/07/2006)

05/25/2006

34 Certiﬁcate of Depostion Upon Written Questions from: WFAA-TV Channel 8, JOB# 0293500. (kdc, ) (Entered: 07/07/2006)

05/31/2006

35 Memorandum Opinion and Order granting 27 Motion to Intervene, ﬁled by Michael Nelson,, Francisco Ochoa,, Carl Gaines,, Mark Barret,, Andrew Cervantes,, Tristian Fernandez,, Henry Firth,, Walter Kelley,, Wilborn Lyles,, David McCoy,, Scotty Mills,, Jerome Sloan,, Josh Toram, Sr, Anthony Walker,, Mark Webster,, Willie Winters,, Eric Michel,, Christopher Di Giorgio. (Signed by Judge Sam A Lindsay on 5/31/2006) (kdc, ) (Entered: 07/07/2006)

06/14/2006

36 Standing Order Designating Case for ECF - see order for speciﬁcs. (kdc, ) (Entered: 07/07/2006)

07/06/2006

37 INTERVENERS' (PLAINTIFFS') ORIGINAL COMPLAINT against Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied

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Aviation Services Inc ﬁled by Wilborn Lyles, David McCoy, Eric Michel, Scotty Mills, Michael Nelson, Francisco Ochoa, Jerome Sloan, Josh Toram, Sr, Anthony Walker, Mark Webster, Willie Winters, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley. (kdc, ) (Entered: 07/07/2006)

07/06/2006

38 Summons Issued as to Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (kdc, ) (Entered: 07/07/2006)

07/06/2006

39 CERTIFICATE OF INTERESTED PARTIES by Wilborn Lyles, David McCoy, Eric Michel, Scotty Mills, Michael Nelson, Francisco Ochoa, Jerome Sloan, Josh Toram, Sr, Anthony Walker, Mark Webster, Willie Winters, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley. (kdc, ) (Entered: 07/07/2006)

07/06/2006

40 AFFIDAVIT of Service for Interveners's Summons and Complaint and a copy of the Certiﬁcate of Interested Parties served on Ronetta J. Francis, Esq., EEOC and Paul E. Hash, Esq. Jackson Lewis, LLP on 7/5/2006. (kdc, ) (Entered: 07/07/2006)

07/26/2006

41 ANSWER to Complaint by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (Hash, Paul) (Entered: 07/26/2006)

07/26/2006

MOTION to Dismiss by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc with Brief in Support. (See Answer, doc #41)(jyg, ) (Entered: 07/27/2006)

08/09/2006

42 ORDER: The Clerk of United States District Court is directed to issue a check in the amount of $350 payable to Leeds Morelli & Brown, to the attention of Mr. James Bagnini. - (see order for speciﬁcs) (Signed by Judge Sam A Lindsay on 8/9/2006) (kdc, ) (Entered: 08/09/2006)

08/14/2006

43 RESPONSE ﬁled by Eric Michel re MOTION to Dismiss Interveners' (Plaintiffs') Brief in Opposition to Defendants' Motion to Dismiss (Hatcher, Carla) (Entered: 08/14/2006)

08/14/2006

44 RESPONSE in Opposition ﬁled by Eric Michel re MOTION to Dismiss Interveners' (Plaintiffs') Response in Opposition to Defendants' Motion to Dismiss (Hatcher, Carla) (Entered: 08/14/2006)

09/13/2006

45 Suggestion of Death Upon the Record ﬁled by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (skt, ) (Entered: 09/14/2006)

10/02/2006

46 Joint MOTION to Extend Time of the Court's Scheduling Order by Wilborn Lyles, David McCoy, Eric Michel, Scotty Mills, Michael Nelson, Francisco Ochoa, Jerome Sloan, Josh Toram, Sr, Anthony Walker, Mark Webster, Willie Winters, Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Equal Employment Opportunity Commission, Allied Aviation Services Inc, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley (Francis, Ronetta) (Entered: 10/02/2006)

10/16/2006

47 ORDER granting 46 Motion to Extend Scheduling Order. Discovery due by 6/4/2007. Docket Call set on court's four-week docket beginning 2/4/2008 09:00 AM before Judge Sam A Lindsay. Motions due by 8/3/2007. Proposed Pretrial Order due by 1/14/2008. Pretrial Materials due by 1/14/2008. See order for other deadlines. (Signed by Judge Sam A Lindsay on October 16, 2006) (jyg, ) (Entered: 10/16/2006)

12/11/2006

48 Letter Stipulation for Extension of Time to File Motion for Substitution by Francisco Ochoa (Vagnini, James) Modiﬁed on 1/9/2007 (Gardner, Jo). (Entered: 12/11/2006)

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12/11/2006 12/12/2006 12/13/2006
01/05/2007 01/11/2007 01/16/2007
02/28/2007 03/02/2007
03/05/2007 03/08/2007 03/12/2007 03/19/2007 03/29/2007 03/29/2007

District Version 6.1.1
NOTICE of Docket Text/Document Modiﬁcation by Deputy Clerk regarding MOTION for Extension of Time to File Response/Reply 48 . Entered as motion but is a Letter/Stipulation re extension of time. (jyg) (Entered: 01/09/2007)
49 MOTION for Extension of Time to File Interveners' Motion for Substitution by Francisco Ochoa (Vagnini, James) (Entered: 12/12/2006)
50 ORDER granting 49 Motion for Extension of Time to File Interveners' Motion for Substitution and Intervenors wife Diana Ochoa may have 30 days from the date of this Order in which to obtain and ﬁle Letters of Administration from the Probate Court to support her Motion for Substitution. (Signed by Judge Sam A Lindsay on December 13, 2006) (jyg, ) (Entered: 12/14/2006)
51 ORDER denying [] Motion to Dismiss (Signed by Judge Sam A Lindsay on January 5, 2007) (jyg) (Entered: 01/08/2007)
52 Second MOTION to Extend Time Substitution of Death Upon the Record by Francisco Ochoa (Vagnini, James) (Entered: 01/11/2007)
53 ORDER granting 52 Motion to Extend Time. Accordingly, the deadline in which Intervenor's wife Diana Ochoa has to obtain and ﬁle Letters of Administration from the Probate Court to support her Motion for Substitution is extended from January 12, 2007 to March 16, 2007. No further extensions will be granted absent extraordinary circumstances. (Signed by Judge Sam A Lindsay on January 16, 2007) (jyg) (Entered: 01/16/2007)
54 Certiﬁcate of Deposition Upon Written Questions from HighPoint Southwest Services by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 02/28/2007)
55 STIPULATION by Wilborn Lyles, David McCoy, Equal Employment Opportunity Commission, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley Eric Mitchel, Francisco Ochoa, Scotty Mills, Michael Nelson, Jerome Sloan, Josh Toram, Sr., Anthony Walker, Mark Webster, Willie Winters. (Vagnini, James) (Entered: 03/02/2007)
56 Certiﬁcate of Deposition Upon Written Questions from Bobby Valentines Sports Cafe by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 03/07/2007)
57 Certiﬁcate of Deposition upon written questions from HighPoint Southwest Services, Job # 0301444. (axm) . Modiﬁed text and corrected attachment on 3/8/2007 (axm). (Entered: 03/08/2007)
58 Second MOTION to Substitute Party Diana Ochoa by Francisco Ochoa. Party Diana Ochoa added. (Vagnini, James) (Entered: 03/12/2007)
59 ORDER granting 58 Motion to Substitute Party. Diana Ochoa rep by James A Vagnini added in place of Francisco Ochoa. See order for details. (Signed by Judge Sam A Lindsay on March 19, 2007) (jyg) (Entered: 03/20/2007)
60 MOTION to Compel by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc with and Brief in Support. (Attachments: # 1 Text of Proposed Order) (Hash, Paul) (Entered: 03/29/2007)
61 Appendix in Support ﬁled by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc re 60 MOTION to Compel (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D, part 1# 5

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03/30/2007
04/02/2007
04/10/2007
04/11/2007 05/16/2007
05/16/2007 05/16/2007 05/16/2007 05/18/2007 05/18/2007 05/18/2007 05/18/2007 05/22/2007 05/25/2007

District Version 6.1.1
Exhibit D, part 2# 6 Exhibit D, part 3# 7 Exhibit D, part 4# 8 Exhibit D, part 5# 9 Exhibit D, part 6) (Hash, Paul) (Entered: 03/29/2007)
62 ORDER REFERRING MOTION to Judge Jeff Kaplan: 60 Motion to Compel ﬁled by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. Motions referred to Jeff Kaplan. (Signed by Judge Sam A Lindsay on March 30, 2007) (jyg) (Entered: 03/30/2007)
63 ORDER: Counsel shall confer by telephone or meet face-to-face in an attempt to resolve all matters in dispute. This conference shall be held by April 6. 2007. The parties shall submit a joint status report by April 10. 2007. See order for details. (Signed by Judge Jeff Kaplan on April 2, 2007) (jyg) (Entered: 04/02/2007)
64 NOTICE by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc re 60 MOTION to Compel, 63 Status Report Order, Agreed Order on Defendants' Motion to Compel (Attachments: # 1 Signatures of Counsel) (Ziolkowski, Rachel) (Entered: 04/10/2007)
65 ORDER granting 60 Motion to Compel. See order for details. (Signed by Judge Jeff Kaplan on April 11, 2007) (jyg) (Entered: 04/11/2007)
66 Certiﬁcate of Deposition Upon Written Questions from Arkansas Department of Corrections, Job #0294473 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
67 Certiﬁcate of Deposition Upon Written Questions from Wendy's International Inc., Job #0294490 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
68 Certiﬁcate of Deposition Upon Written Questions from LSG Sky Chefs, Job #0294462 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
69 Certiﬁcate of Deposition Upon Written Questions from Dillard's, Job #0294472 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
70 Certiﬁcate of Deposition Upon Written Questions from Trane Company, Job #0294488 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
71 Certiﬁcation of Deposition Upon Written Questions from Albertson's Inc, Job #0294481 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
72 Certiﬁcate of Deposition Upon Written Questions from Intergrated Airline Service, Job #0302363 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/18/2007)
73 Designation of Experts by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (Hash, Paul) (Entered: 05/18/2007)
74 Certiﬁcate of Deposition Upon Written Questions from Southwest Air Products, Job #0294479 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc (skt) (Entered: 05/25/2007)
79 Certiﬁcate of Deposition upon Written Questions from Target Stores Inc by Allied

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Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (axm) (Entered: 06/01/2007)

05/30/2007

75 Certiﬁcate of Deposition upon Written Questions from Trane Company, Job #0294488 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (axm) (Entered: 05/30/2007)

05/31/2007

76 AMENDED Certiﬁcate of Deposition upon written Questions from Bobby Valentines Sports Cafe, Job# 0301443 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (axm) (Entered: 05/31/2007)

05/31/2007

77 Certiﬁcate of Deposition upon written Questions from ADT, Job # 0294475 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (axm) (Entered: 05/31/2007)

05/31/2007

78 Joint MOTION to Extend Time - Scheduling Order by Wilborn Lyles, David McCoy, Eric Michel, Scotty Mills, Michael Nelson, Jerome Sloan, Josh Toram, Sr, Anthony Walker, Mark Webster, Willie Winters, Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Diana Ochoa, Equal Employment Opportunity Commission, Allied Aviation Services Inc, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley (Hash, Paul) (Entered: 05/31/2007)

06/01/2007

80 Certiﬁcate of Deposition upon Written Questions from Stream International Inc (Employment) by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (axm) (Entered: 06/01/2007)

06/13/2007

81 Certiﬁcate of Deposition Upon Written Questions from Custodian of Records for Sonic Restaurants by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (npk) (Entered: 06/14/2007)

06/13/2007

82 Certiﬁcate of Deposition Upon Written Questions from Custodian of Records for Haltom High School c/o Birdwell ISD by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (npk) (Entered: 06/14/2007)

06/15/2007

83 Certiﬁcate of Depostion Upon Written Questions from Custodian of Records for UPS c/o Registered Agent CT Corp. by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (npk) (Entered: 06/15/2007)

07/02/2007

84 Certiﬁcate of Deposition Upon Written Questions from Gulf Aviation, Job #0302364 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (skt) (Entered: 07/03/2007)

07/24/2007

85 Certiﬁcate of Deposition Upon Written Questiosn from JP Morgan Chase Bank, NA by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (skt) (Entered: 07/25/2007)

07/27/2007

86 CERTIFICATE of Deposition from Burger King Corporation by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (lmp) (Entered: 07/27/2007)

08/07/2007

87 CERTIFICATE for Deposition upon Written Questions served on Fries Restaurant Management. (svc) (Entered: 08/08/2007)

08/08/2007

88 SECOND AMENDED SCHEDULING ORDER: The 78 Joint Motion for Extension of the Scheduling Order is hereby granted, and the court's Amended Scheduling Order of

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October 16, 2006, is hereby amended as follows: Discovery due by 12/3/2007. Docket Call set for four week docket beginning 6/2/2008 before Judge Sam A Lindsay. Pretrial Conference set for 5/29/2008 09:00 AM before Judge Sam A Lindsay. Dispositive Motions due by 1/4/2008. Proposed Pretrial Order due by 5/12/2008. Pretrial Materials due by 5/12/2008. (Signed by Judge Sam A Lindsay on 08/08/2007) (axm) (Entered: 08/08/2007)

08/10/2007

89 Certiﬁcate of Deposition Upon Written Questions from TMC Transportation (Employment), Order No. 01-5216-001 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (skt) (Entered: 08/13/2007)

08/13/2007

90 Unopposed MOTION to Withdraw as Attorney and to Substitute Counsel by Equal Employment Opportunity Commission (Francis, Ronetta) Modiﬁed on 8/14/2007 (npk). (Entered: 08/13/2007)

08/16/2007

91 ORDER granting 90 Motion to Withdraw as Attorney and Substitute Counsel. Added attorney Suzanne M Anderson for Equal Employment Opportunity Commission. Attorney Ronetta J Francis terminated. (Signed by Judge Sam A Lindsay on 8/16/07) (npk) (Entered: 08/16/2007)

10/11/2007

92 Agreed MOTION for Continuance of Discovery, Mediation and Dispositive Motion Deadlines by Equal Employment Opportunity Commission. (Anderson, Suzanne) Modiﬁed on 10/12/2007 (lmp). (Entered: 10/11/2007)

10/12/2007

93 ORDER granting 92 Agreed Motion for Continuance of Discovery, Mediation andDispositive Motion Deadlines. The deadline for ﬁling dispositive motions is extended from January 4, 2008, to no later than 5:00 p.m., March 3, 2008. The deadline to conduct discovery in this action is hereby extended from December 3, 2007 to February 4, 2008. The deadline to conduct mediation in this action is extended from October 14, 2007 to January 7, 2008. No further extensions of these deadlines, absent extraordinary circumstances, will be granted. (Signed by Judge Sam A Lindsay on 10/12/07) (skt) (Entered: 10/15/2007)

10/12/2007

Set/Reset Scheduling Order Deadlines: Dispositive Motions due by 3/3/2008. (skt) (Entered: 10/15/2007)

10/15/2007

94 NOTICE/Certiﬁcate of Deposition Upon Written Questions from Pawn Mart, by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (npk) (Entered: 10/15/2007)

10/30/2007

95 NOTICE of Attorney Appearance by Jay David Ellwanger on behalf of all plaintiffs. (Ellwanger, Jay) (Entered: 10/30/2007)

12/24/2007

96 MOTION to Compel Production of Documents by Carl Gaines with Brief/Memorandum in Support. (Ellwanger, Jay) (Entered: 12/24/2007)

12/24/2007

97 Memorandum in Support ﬁled by Carl Gaines re 96 MOTION to Compel Production of Documents (Ellwanger, Jay) Modiﬁed on 12/26/2007 (jyg). (Document incurrently titled) (Entered: 12/24/2007)

12/24/2007

98 Appendix in Support ﬁled by Carl Gaines re 97 Brief/Memorandum in Support of Motion to Compel Production of Documents (Ellwanger, Jay) (Entered: 12/24/2007)

12/28/2007

99 Unopposed MOTION to Substitute Attorney. Intervenors' Motion Filed by Wilborn Lyles, David McCoy, Eric Michel, Scotty Mills, Michael Nelson, Francisco Ochoa, Jerome Sloan, Josh Toram, Sr, Anthony Walker, Mark Webster, Willie Winters, Diana Ochoa, Mark Barret, Andrew Cervantes, Tristian Fernandez, Henry Firth, Carl Gaines, Christopher Di Giorgio, Walter Kelley (Ellwanger, Jay) (Entered: 12/28/2007)

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District Version 6.1.1
100 ORDER REFERRING MOTION to Judge Kaplan: 96 Intervenor Carl Gaine's Motion to Compel Production of Documents Against Defendants ﬁled by Carl Gaines. Motions referred to Jeff Kaplan. (Signed by Judge Sam A Lindsay on 12/28/2007) (tln) (Entered: 12/28/2007)
101 Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for speciﬁcs. (jyg) (Entered: 12/28/2007)
102 ORDER: Counsel shall meet face-to-face or confer by telephone in an attempt to resolve all matters in dispute. This conference shall be held by Januarv 8,2008. The parties shall submit a joint status report by Januarv 11,2008. The parties shall submit an agreed order in lieu of a joint status report if this discovery dispute is resolved. An agreed order, signed by all counsel of record, must be submitted electronically to Kaplan Orders@,txnd.uscourts.gov by January 11. 2008. (see order for speciﬁcs) (Signed by Judge Jeff Kaplan on 01/02/08) (lmp) (Entered: 01/02/2008)
103 ORDER granting 99 Unopposed MOTION to Substitute Attorney. ORDERED that Steven B. Thorpe be withdrawn as Intervenors' counsel of record in this cause and that Jay David Ellwanger be substituted as counsel of record for Mr. Thorpe. (Signed by Judge Sam A Lindsay on 1/11/08) (npk) (Entered: 01/11/2008)
104 Agreed ORDER granting 96 Motion to Compel Production of Documents Against Defendants. (see order for speciﬁcs) (Signed by Judge Jeff Kaplan on 01/14/08) (lmp) Modiﬁed on 1/15/2008 (skt). (Entered: 01/15/2008)
105 MOTION to Compel And Brief in Support by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc with Brief/Memorandum in Support. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D - Part 1, # 6 Exhibit D - Part 2, # 7 Exhibit D - Part 3) (Hash, Paul) (Entered: 01/24/2008)
106 ORDER OF REFERENCE REFERRING MOTION to Judge Kaplan: 105 Motion to Compel ﬁled by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (Signed by Judge Sam A Lindsay on 1/24/08) (skt) (Entered: 01/25/2008)
107 ORDER: Counsel shall meet face-to-face or confer by telephone in an attempt to resolve all matters in dispute. This conference shall be held by January 31, 2008. The parties shall submit a joint status report by February 5, 2008. (see order for speciﬁcs) (Signed by Magistrate Judge Jeff Kaplan on 1/25/08) (klm) (Entered: 01/28/2008)
108 STIPULATION by plaintiff, intervenor plaintiffs, and defendants Regarding Extension of Discovery and Summary Judgment Deadlines. (Vagnini, James) Modiﬁed on 1/30/2008 (klm). (Entered: 01/30/2008)
109 ORDER re 108 Stipulation Regarding Extension of Discovery and Summary Judgment Deadlines. Discovery due by 2/18/2008. Motions due by 3/3/2008. See order for speciﬁcs. (Signed by Judge Sam A Lindsay on 2/4/2008) (axm) (Entered: 02/04/2008)
110 ORDER granting 105 Motion to Compel and ORDERS the Intervenors to comply with this agreement. (see order for speciﬁcs) (Signed by Magistrate Judge Jeff Kaplan on 02/05/08) (lmp) (Entered: 02/06/2008)
111 STIPULATION AND ORDER REGARDING MEDIATION AND DISCOVERY. Discovery due by 2/25/2008. (see order for speciﬁcs) (Signed by Judge Sam A Lindsay on 2/13/08) (tln) Modiﬁed on 2/14/2008 (lmp). (Entered: 02/13/2008)
112 MOTION for Partial Summary Judgment by Equal Employment Opportunity

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02/20/2008 02/28/2008 02/29/2008 03/10/2008 04/21/2008 04/23/2008

District Version 6.1.1
Commission with Brief/Memorandum in Support. (Attachments: # 1 Appendix 1-4 Mitchell Charge, # 2 Appendix 5-6 Ochoa Charge, # 3 Appendix 7 Notice of Intent, # 4 Appendix 8-9 Determination, # 5 Appendix 10-11 Digiorgio Charge, # 6 Appendix 12-13 Amended Determination, # 7 Appendix 14-15 Determination, # 8 Appendix 16-17 Gaines Charge of Discrimination, # 9 Appendix 18-19 Determination, # 10 Appendix 20 Notice of Conciliation Failure, # 11 Appendix 21 Notice of Conciliation Failure, # 12 Appendix 22 Notice of Conciliation Failure, # 13 Appendix 23 Notice of Conciliation Failure, # 14 Appendix 24-28 Complaint, # 15 Appendix 29-34 Amended Complaint, # 16 Appendix 35-42 Defendant's Answer, # 17 Appendix 43-48 Defendant's Brief in Support of Answer, # 18 Appendix 49-79 Intervenor's Complaint) (Anderson, Suzanne) Modiﬁed on 2/19/2008 (lmp). (Entered: 02/18/2008)
113 Certiﬁcate of Deposition Upon Written Questions from Ron Jackson Correctional Complex (Employment), Order No.: 01-5982-001 by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc. (skt) (Entered: 02/21/2008)
114 Alternative Dispute Resolution Summary ﬁled by ADR provider. Attorneys in Attendance: Suzanne M Anderson, James A Vagnini, Paul Ellis Hash, Rachel D Ziolkowski, Jeffrey W. Lorella, Seth E. Zucherman. Prv Fee: $5,000.00. Outcome of ADR: Settled as a result of ADR. (klm) (Entered: 02/29/2008)
115 ORDER. Before the court is the Alternative Dispute Resolution, ﬁled February 28, 2008, indicating that this case has settled. The court realizes that the issues in this action were vigorously contested and truly appreciates the efforts by the parties in resolving this case. The parties are directed to ﬁle the necessary dismissal papers (a stipulation of dismissal and an agreed order) with the United States District Clerk's Ofﬁce by March 31, 2008. (see order for speciﬁcs) (Signed by Judge Sam A Lindsay on 02/29/08) (lmp) (Entered: 02/29/2008)
116 CONSENT DECREE. (See Order for speciﬁcs) (Signed by Judge Sam A Lindsay on 3/10/08) (skt) (Entered: 03/11/2008)
117 Joint MOTION to Dismiss Non-Participating Intervenors With Prejudice by Allied Aviation Fueling Company of Dallas LP, Allied Aviation Fueling Company of Texas Inc, Allied Aviation Services Inc, Equal Employment Opportunity Commission, and Intervenors.(Attachments: # 1 Afﬁrmation of James Vagnini; Certiﬁcate of Service) (Hash, Paul) Modiﬁed on 4/22/2008 (axm). (Entered: 04/21/2008)
118 ORDER granting 117 Motion to Dismiss. Intervenors Tristian Fernandez, Henry Firth, and Josh Toram, Sr. are hereby dismissed from this action with prejudice. (Signed by Judge Sam A Lindsay on 4/23/2008) (mfw) (Entered: 04/23/2008)

PACER Service Center
Transaction Receipt

05/31/2017 19:01:37

PACER Login: hs0328:2563377:0 Client Code:

Description: Docket Report Search Criteria: 3:05-cv-01379-L

Billable Pages: 17

Cost:

1.70

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