IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
v.
ISSARA SEAFOOD, INC. d/b/a BAYTOWN SEAFOOD RESTAURANT
Defendant.

~

1-04--.3.1704

§ CIVIL ACTION NO. _ _ _ _ __

§

§

§

§ JURY TRIAL DEMANDED

§

§

ORIGINAL COMPLAINT 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, as amended, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Heba Assouad who was adversely affected by such practices. The Defendant, Issara Seafood, Inc. d/b/a Baytown Seafood Restaurant unlawfully denied Ms. Assouad equal employment opportunities by subjecting her to sexual harassment in violation of Title VII. Additionally, Defendant unlawfully terminated Ms. Assouad in retaliation for opposing the sexual harassment.
JURISDICTION AND VENUE 2. Jurisdiction of this court is invoked pursuantto 28 U.S.C. §§451 , 1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-5(f)(1) and (3) ("Title Villi) and Section 102 of the Civil Rights Act of 1991,' as amended, 42 U.S.C. §1981A.

3. Venue is proper in this court because the unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission ("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 (f)(1) and (3),42 U.S.C. §2000e-5 (f)(1) and (3). 5. Defendant Issara Seafood, Inc. d/b/a Baytown Seafood Restaurant ("Baytown Seafood") has continuously been and is now doing business in the State of Texas and the City of Houston and has continuously had more than 15 employees. Baytown Seafood
may be served with process by serving its registered agent in Texas, Buth L. Austin, 1010
W. Cavalcade Street, Suite B, Houston, Texas 77009. 6. At all relevant times, Baytown Seafood has continuously been an employer
engaged in an industry affecting commerce with the meaning of Sections 701 (b),(g) and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Heba Assouad filed a charge of discrimination with the Commission alleging violation of Title VII by Baytown Seafood, her former employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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8. Since at least 2004, Baytown Seafood has engaged in unlawful employment practices at its restaurant located at 9205 S. Main in Houston, Texas, in Houston, Texas, in violation of Sections 703(a)(1) and 704(a) of Title VII.
9. Beginning in January 2004, Baytown Seafood, by and through its agent, Sonny Preap, a manager at the restaurant, subjected Ms. Assouad and other female employees to unwelcome sexual propositions and comments, sexual gestures, and offensive touching because of their sex, female. Specifically, among other things, Mr. Preap told Ms. Assouad that he intended to have sex with her and that her breasts aroused him. He also touched Ms. Assouad's breasts and kissed her on the lips and neck. Mr. Preap also touched other female employees in a similar manner. Ms. Assouad objected to Mr. Preap's statements and his touching her and tried, to no avail, to prevent him from touching her. The complained of conduct was so sexually hostile and occurred with such frequency and severity that it affected the terms, conditions, benefits and privileges of employment and created a hostile work environment.
10. Baytown Seafood had no procedures in place that permit employees to complain if they are subjected to sexual harassment. Moreover, it had no policy prohibiting sexual harassment in the workplace.
11. Ms. Assouad continued to resist Mr. Preap's sexually harassing conduct.. The result of her resistance to Mr. Preap's advances and complaints about his misconduct, was that she was terminated in February 2004.
12. Mr. Preap, as a manager at the restaurant, had the authority to hire and fire employees for the restaurant including the authority to hire and fire Ms. Assouad.
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13. Ms. Assouad was subjected to a series of separate, harassing acts that collectively constituted an unlawful employment practice.
14. The unlawful employment practices complained of above were intentional and based on the gender of Ms. Assouad.
15. The effect of the practices complained of above has been to deprive Ms. Assouad of equal employment opportunities and otherwise adversely affect her status as an employee, because of her gender, by requiring her to be subjected to sexual harassment in the workplace.
16. The unlawful employment practices described above were committed with malice or with reckless indifference for the federally protected civil rights of Ms. Assouad
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 17. Grant a permanent injunction enjoining Baytown Seafood, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of sex; 18. Order Baytown Seafood to institute and carry out policies, practices and procedures which provide equal employment opportunities for women and which eradicates the sexually hostile work environment; 19. Order Baytown Seafood to make Ms. Assouad whole by providing appropriate back pay, with prejudgment interest in amounts to be determined at trial, and
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other affirmative relief necessary to eradicate the effects of the unlawful employment practices she was subjected to;
20. Order reinstatement into a comparable position for Ms. Assouad or award
front pay in the amounts to be proven at trial if reinstatement is impractical; 21 . Order Baytown Seafood to pay compensatory damages to Ms. Assouad for
the past and future pecuniary losses resulting from the unlawful employment practices described above;
22. Order Baytown Seafood to pay compensatory damages to Ms. Assouad for
the past and future non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses she suffered as a result ofthe unlawful employment practices described above, in amounts to be proven attrial;
23. Award punitive damages to Ms. Assouad in amounts to be proven at trial; 24. Award pre-judgment and post-judgment interest on all amounts recovered as allowed by law; 25. Order all affirmative relief necessary to eradicate the effects of its unlawful employment practices;
26. Award the Commission its costs in this action; and 27. Grant such other and further relief as the Court deems necessary and proper.
JURY TRIAL DEMANDED 28. The Commission requests a jury trial on all questions of fact raised by its complaint.
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Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L. Street, N.W. Washington, D.C. 20507

OF COUNSEL
J Sacher
R gional Attorney Houston District Office 1919 Smith, 7th Floor Houston, Texas 77002 (713) 209-3398 Fax: (713) 209-3402

Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402 ATTORNEYS FOR PLAINTIFF
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JS 44

(Rev 07/89)

•

The JS 44 civil eover sheet and the information eontamed herein neither

cplace

nor

CIVIL COVER SHEET
supplement the filing and semce of pleadings

or

other

pape-r~uired

by law, except as provided by local

rules of court.

This form,

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Coun for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF TilE FORM.)

I(a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS
ISSARA SEAFOOD, INC. d/b/a BAYTOWN SEAFOOD RESTAURANT

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF _ __
(EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _ _ __

(IN U S. PLAINTIFF CASES ONLY)

unnaa NOTE: IN LAND CONDEMNATION CASES, USE THI'.IoOCA];I~OF_T.liIE.~

TRACT OF LAND INVOLVED

~'lI18I""UnJ

(c) ArrORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

ArrORNEYS (IF KNOWN)

Kathy Boutchee, Trial Attorney
r EEOC-Houston District Office
\ '">"( H19o1u9stSomn,itTheSxtarsee7t,770t0h2Floor
W (713) 209-3399 -'""

H- 04 - 3 7 0 4

FILED
SEP 232004 ~
~
. . ...my, Glaat Court

3W II. BASIS OF JURISDICTION (pLACEAN,INONEIlOXONLy)

[X] I u.s, Government

[] 3 Federal Question

Plaintiff

(U.S. Government Not a Party)

[] 2 U.S. Government

[] 4 Diversity

Defendant

(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACF. AN "NONE DOX

(For Diversity Cases Only)

FOR PLAINfIFF AND ONE BOX FOR DEffiNDAN'!)

PTF DEF

PTF DEF

Citizen ofThis State []I []I Incorporated 'If Principal Place [ ] 4 [] 4

of Business In This State

Citizen of Another State [] 2 [] 2 Incorporated and Principal Place [ ] 5 [] 5

of Business in Another State

1 Citizen or Subject ofa [ 3 []3 Foreign Nation

[]6 []6

IV. C AUSE 0 FACTION (crm nm US CIVIL STATUTE UNDER WHICH YOU ARE FILINO AND WRITE ABRIEF STATEMENT OF CAUSE DO NOT cm JURISDICnONAL STATUTES UNLESS DIVERSI ry)
Issara Seafood, Inc. d/b/a Baytown Seafood Restaurant engaged in unlawful employment practices by subjecting Ms. Assouad to sexual harassment in violation of Title VII. Ms Assouad was also terminated in retaliation for opposing the sexual harassment.

V NATURE OF SUIT (PLACEANxfNONEBOXONLY)

CONTRACT
[] 110 In"",,~ [] 120 Mann'
[J 130 M,II" Aot
[] 140 Negollllble iwtrument
[] \Sn9~:~;J:=~ent &
[]ISI Mod,,,,~Aot
[] sl~l'l1~::7E:~~~::S)
[] ~~~.:wa:n;fi~cm.-rpayment of
[] 160 S"",kholden' Su," [] 190 Oth" Conl",,1 [] 19S Co
REAL PROPERTY
[] 210 Land Condemnation [] 220 Fon."Cill'UfC
l1 230 Rent Lellse &. EJcctment
[] 240 TorutoLond [] 245 Tort Product Liability [] 290 All 00" R..IProprny

TORTS

PERSONAL INJURY [] 310 Au!'I.", [] 31 S Alrphme Product Llablhty [] 320 ASSlluit. Libel & Slander [] 330 Federal Employers' Llobillty
[] 340 Mann' [] 345 Manne Product Llablhty [) 350 Motor Vehicle [) 355 Motor Vehicle Product
liability
[] 360 00" P",,,,,,llnJury

PERSONAL INJURY
[] 36~':::~;1:-
[] 36t:::IInJWY-ProdUOI
[] 36~"""" Pcnonallniury
uct Llablhty
PERSONAL PROPERTY [] 370 00" Fmud [] 371 Truth on Londong [] 380 Other Pcnonal Property Damage [] ~'~~II~y Damage Product

CIVIL RIGHTS [] 441 VOl<n,
[xl 442 Employ"",,1
[] 443 Ilou!lnglAcconunodatlOns
[] 444 Wolf."
[] 440 Other CIVIl Rights

PRISONER PETITIONS [] 510 MollOlllll0 Vacute Scntence
Bubca. Corpw
[] 530 00n",1 [] 535 Death P"",lty [] 540 Mandom'" & Othoo [] 550 Othoo

FORFEITURE/PENALTY
[] 610 ASO,ull"'" [] 620 Otl", Food & Drug [] ~5 DruS R,I.t<d So"",,, of
perty21USC881
[] 630 (.'quoo Low. [] 640 RR& Truck [] 650 Airhne Reg. [] 660 OccupullOrud SafetylHcalth
[] 690 LABOR
[] 710 Fa" Lobo< Standa,'" Acl [] 720 IAbo</Mgmt. R,I.n,,", [] 7iSI~I:::rclt Reporting
[] 740 RA,I~y Lobo< Acl [] 790 Othoo Lobo< Llngol;on [] 79 t~mpi Rot I", s..unty

BANKRUPTCY [] 422 Appeal 2' USC I~' [] 423 WIlhdrawII128 usc 157
PROPERTY RIGHTS
[] 820 Copynghts [] 830 P'tonl [] 840 T"demuk
SOCIAL SECURITY
[] 861 HJA (139~11) [] 862 BI"k l.u08 (923) [] 863 OIWCIDIWW ('OS(g» [] 864 SSID T,II, XVI [] 865 RSI ('O~(g)
FEDERAL TAX SUITS
[]..f:7~~~es(u.s Plamllffor [] 871 IRS..Thord P.rty 26 USC 7609

OTHER STATUTES
[J 400 SUlle R.eapportlonment
[] 410 Anl<""'1 [] 430 Ra.....nd Sanloos
[] 450 ConunorecllCC """""" [] 460 Doponannn [] 4z,o:~~:: InnuencaJ and Corrupt
[] 810 Sol"",,,, SeM",
[] ~5Ls..wil<<3ICommodll<'"
' S'
[] 87~2~~~~;halh:ng,
[] 891 Asn,ulluml A,,,
[] 892 EconomiC Slablluatlon Act [] 893 EnVironmental Mattera [] 894 Energy Allocation Act
:r::.r:::11: [) 895 Frc:c:dom of InformatIon Act lIon [] YPnLAEr:;:
[] 950 ConsLitulIonahty of ~talc Statutes [] 890 00" Statuto<)' A,",,",

VI. ORIGIN
[x] I Original
Proceedtng

(PLACE AN x IN ONE BOX ONL Y)

[] 2 Removed from

[] 3 Remanded from

State Court

Appellate Court

Transferred from

fl 4 Reinstated or

[] 5 another district

Reopened

(specify)

Appeal to District

[] 6 Multidistnct

[] 7 Judge from

Litigation

Magistrate Judgment

VII. REQUESTED IN

CHECK IFTHIS IS A CLASS ACTION

COMPLAINT:

[] UNDERF.R.C.P.23

IF ANY (s..uutrucuoru).

SIONAlUR!tO'" ATIORNHY 0'" Rf£ORD

DEMAND $

Check YES only if demanded in complatnt:

JURY DEMANDl

[Xl YES

[] NO

DOCKET NUMBER

 
 • •
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

United States Courts Southern District of Texas
ENTERED •
JUL 2' 6 Z005
Michael N. Milby, Clerk of Court

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
ISSARA SEAFOOD, INC. d/b/a BAYTOWN SEAFOOD RESTAURANT
Defendant.

§ § § CIVIL ACTION NO. H-04-3704 § § § § JURY TRIAL DEMANDED § §

CONSENT DECREE
Plaintiff, the United States Equal Employment Opportunity Commission ("Commission" or "EEOC") and Defendant, Issara Seafood, Inc., d/b/a Baytown Seafood Restaurant ("Defendant"or "Baytown"), agree to entry of this Consent Decree. I. Background and History of Proceedings
A. Charging Party Heba Assouad ("Assouad" or "Charging Party") filed a Charge of discrimination with the Commission alleging Defendant violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq. ("Title Villi).
B. On September 23, 2004, after investigating the Charge and finding discrimination, the Commission commenced this action alleging that Defendant's conduct toward Ms. Assouad during the course of her employment constituted sexual harassment and retaliation in violation of Section 703 (a) and 704 (a) of Title VII.
C. Defendant denied the allegations of sexual harassment and retaliation. D. The parties wish to avoid the risks, uncertainties and expenses of continued litigation. Accordingly, the parties have agreed to settle this lawsuit. Defendant's consent to the entry of this decree nor any of the terms set forth in it shall not constitute or be

• •

construed as an admission of any Title VII violation. Both parties agree that this Consent

Decree is being entered into for the sole purpose of compromising disputed claims without

the necessity for protracted litigation.

E. The Commission and Defendant stipulate to the jurisdiction of the Court and

the satisfaction of all administrative prerequisites. The parties further waive hearing and

entry of findings of fact and conclusions of law on all issues.

IT IS ORDERED that:

1.

This Consent Decree is entered in full and complete settlement of any and

all claims arising out of or asserted in Civil Action No. H-04-3704 and the above-

referenced Charge on behalf of Assouad.

2.

Defendant, Issara Mac and all of their employees andlor agents associated

with it agree they will not engage in any employment practices which discriminate

against any individual with respect to compensation, terms, conditions or privileges

of employment because of such individual's sex and will not retaliate against any

individual who has opposed any practice made an unlawful employment practice

under Title VII or who has made a charge, testified, assisted, or participated in any

manner in an investigation, proceeding or hearing under Title VII.

3.

Defendant, Issara Mac and all of their employees andlor agents associated

with them agree that they will not engage in any employment practice which

discriminates against female employees because of their sex (sexual harassment)

in violation of Title VII.

4.

Annually, for three years from the entry of this Decree, Defendant will

provide, using either an attorney or an independent experienced training person or

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group, a program on employment discrimination, including the law relating to sexual

harassment and retaliation, to Issara Mac and all management level and

supervisory employees. The training shall be completed not later than four(4)

months from the date the Consent Decree is entered. Defendant shall submit to the

EEOC, each year at least thirty days in advance of the program, the name of the

program provider and a curriculum outline indicating the information to be

addressed during the program and copies of all agendas and materials to be

distributed at the training seminar. The person who shall administer the training will

be either attorney(s) or person(s) possessing at least five years of experience in

labor and employment law. The presenter must be approved by the EEOC. Written

acknowledgment of receipt of the training shall be obtained by Defendant from all

individuals attending the training and retained among the employment records of

defendant and also copies shall be forwarded to the EEOC within two months of the

delivery of the training.

5.

Annually, for three years from the entry ofthis Decree, Defendant will provide

to the EEOC a copy of all complaints of sexual harassment made by any job

applicant, employee, independent contractor, former employee and/or customer and

describe the resolution of the complaint. The list shall also identify the name and

title of the persons involved in the complaint, including those accused of any

misconduct and/or failure to respond to the complaint and/or fairly investigate it. A

complaint may be an oral or written internal complaint, a complaint made to the

police or any complaint or charge filed with the EEOC or any other local, state or

federal agency.

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6.

Baytown agrees that it will implement its equal employment opportunity policy

not later than November 30, 2005. The parties will cooperate in preparing the

policy. The new policy shall include the following provisions: It will identify by

name, address and telephone number, the person to whom complaints about

sexual harassment or discrimination shall be made. The policy should also outline

how the complaints will be investigated, their confidential nature and provide

assurances against retaliation for making a complaint. The policy will also provide

that the complaining employee will be notified of the resolution of the complaint.

During the period this Decree is in effect, copies of any internal complaints of sexual

harassment and all notes regarding the investigation, and the resolution of the

complaint shall be forwarded to the EEOC within 30 days of the complaint being

made.

7.

Not later than December 31, 2005, Baytown agrees that it will provide to all

current employees or other persons working at all restaurants and other businesses

owned by Issara Seafood, Inc. and/or Issara Mac a copy of the equal employment

opportunity policy outlined in the preceding paragraph and to new employees or to

other workers during their first work week. Written acknowledgment of receipt of

the policy shall be obtained by Defendant from all individuals receiving it and this

acknowledgment retained among the employment records of Defendant.

8.

Issara Mac has represented that he has terminated the employment of

Sonny Preap, the manager of the restaurant at issue in this suit. For the three year

term of this Decree, Issara Mac agrees that he shall not permit Mr. Sonny Preap to

be employed in any capacity by Issara Seafood, Inc. or any other company which

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Mr. Mac owns either in whole or part. Nor may Mr. Preap be associated with the

Defendant as an owner, consultant or contractor.

9.

Defendant agrees that within ten days after entry of this Decree it will

conspicuously post the attached notice (Exhibit "B") in an area accessible to all

employees at each of the locations owned by Issara Seafood, Inc. and/or Issara

Mac for a period of three years from the date the Decree is signed.

10.

Defendant agrees to pay the total sum of TWELVE THOUSAND FIVE

HUNDRED AND NO/100 DOLLARS ($12,500.00) on the terms further setout below

in full and final settlement of the EEOC's lawsuit to provide monetary relief to Ms.

Assoud. Said sums shall be paid in installments as follows: EIGHT THOUSAND

AND NO/1 00 DOLLARS ($8,000.00) on or before July 29,2005; TWO THOUSAND

TWO HUNDRED FIFTY AND NO/100 DOLLARS ($2,250.00) on or before October

29,2005 and TWO THOUSAND TWO HUNDRED FIFTY AND N0l100 DOLLARS

($2,250.00) on or before December 31,2005. Each check shall be made payable

to Heba Assouad and shall be mailed to her at the address provided by the EEOC.

A copy of the checks disbursed to the Ms. Assouad shall be mailed to the EEOC's

undersigned counsel of record on the same dates the checks are mailed to Ms.

Assouad.

11.

The sums payable to the charging party may be subject to federal or state

income tax. Baytown agrees to issue Internal Revenue Service ("IRS") Form 1099

or an equivalent form to Charging Party no later than January 15, 2006 for all sums

paid pursuant to this Consent Decree. The Charging Party Assouad will be

responsible for paying any federal, state or local taxes, including federal income tax

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that may be due on the aforementioned monetary award. Defendant and the

EEOC agree that the sums paid pursuant to this Decree are for personal damages

and emotional distress. Baytown makes no representation as to the tax status of

the funds being paid herein.

12.

Each party to this action shall bear their own costs and attorney's fees.

13.

This Consent Decree shall be binding on Defendant and all of Defendant's

successors-in-interest, and Defendant will notify all such successors-in-interest of

the existence and terms of this Consent Decree.

14.

This Decree shall remain in effect for three years from the date of signing.

During the period that this Decree shall remain in effect, the Court shall retain

jurisdiction to assure compliance with this Decree and to permit entry of such further

orders or modifications as may be appropriate. The EEOC is speCifically authorized

to seek Court-ordered enforcement of this Decree in the event of a breach of any

of the prOVisions herein.

15.

Nothing in this Consent Decree shall be construed to preclude the

Commission from filing a separate action under Title VII or any other statute which

the Commission enforces in the future for any alleged violations by Defendant not

resolved by this~Decree.

Signed this

~

July

day of _ _ _ _ _ _ _ _ _ _, 2005 at Houston,

Texas.

, Jr. istrict Judge

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AGREED AND CONSENTED TO:

ATIORNEY FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY
C MMISSION
By: ~~~~JL~~~~~~ athy D. outchee Attorney-in-Charge SON: 10145 TBN: 02717500 Houston District Office 1919 Smith St., 7th Floor Houston, Texas 77002
(713) 209-3399 Fax: (713) 209-3402

ATTORNEY FOR DEFENDANT ISSARA SEAFOOD, INC.
BV:/lYF- f~ Hak K. Dic enSOfl"
Attorney-in-Charge SON: 17143 TBN: 05821510 H.K. Dickenson & Associates 6363 Woodway, Suite 820 Houston, Texas 77057 (713) 333-6444 Fax: (713) 333-6446

DEFENDANT ISSARA SEAFOOD, INC.
~~ By: Issara Mac, President Issara Seafood, Inc.

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T-926 P.02/02 F-853

(I)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Hou.,oa District Oft'Ice
l!Jl!J Salida Sf. .,.. Floor HaullOth TX 7700l-8049
PJl:(113)2~O
TDD: ('713) llJt.l439
fAJ(:(713)~lI1
LiG.\L: (713) ~3401 UCAL 'AX: (7ll) 109-3401
NOTICE TO THE EMPLOYEES OF ISSARA SEAFOOD, INC.

( 1) With respect to hiring. compensation, discharge, or any terms. condidol'ls, or privileges of cmploymenl. federal law requires litaw: employers must not discriminate against employes:s or applicants for employment because ofan individual'$ se~. religion. raco. color. national origin. age or disability.

(2) ISSARA SEAFOOD INC., $Uppons an4 will comply wim such federal law in all respectS, and will no~ Jake uny ~vetSe action against incl,viduU5 because ofmeir sex, religiOUS prac~icos or beliefs, race, color. nalionaJ origin. aae or aisabiUty with respCCl to hiring. compensalion. discharge or the terms, ccmdilions or pri~ile&es ofemployment.

(3) ISSARA SEAFOOO INC.• will nOl engage in an)' cmployment practices tblt have the effect of creaJlng or TOlerating a hostile environment for employees because ofmeir sex, religious betiefs, feliSious practices. race, ~olor, nalion-S origin. age or disability. Issara Seafood lilt., will promptly invesligate any claims of unl.,.wfUl harassment. and will take prompt and appropriaw acJion in response to any weU·founded claim.

(4) ISSARA S~AfOOD INC. will nOJ retaliate or omerwise hann any Iffllployec or othel" pnson wbo complains thai be or she or other employee js being subjected to any c:oncluct 1Mt might
violate an)' laws against employment discriminaJiQn. Nor shan Issara StatooclIRC'. harm ot otherwise retaliate against an)' cum:n~ or fonn« employee who opposes employment discrimination or olherwise panicipates in lUly manner in any invc:s'igation or other
proceedings. such as me fllina of a cbarge ofemployment discrimination. or the provision of
evidence to any org2lllization mal is investigating My claim ofemployment discrimination.

(5) EmpJoye.:s who believe they have been subjected to illegal employment discrimination can contact the Equal Employmenl Opponunil)' Commission ("EEOC") at 1919 Smith Sltect, HouslOn, TX 77002, (713) 209-3372.

J L SIGNED THlS

DAY OF

IsslUl c Owner and Prcsident of lssara Seafood Inc.
THIS O"FJCJAt.NOTJC~ WlLLREMAlN POSTED FOR THREE \,EAti FROM DATt: OF SlCNATURE.
£xbibiC",n

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?105877584652521-L_3...

CLOSED, MEDIATION, MOTREF
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:04-cv-03704

Equal Employment Opportunity Commission v. Issara Seafood Inc Assigned to: Judge Ewing Werlein, Jr Cause: 28:451 Employment Discrimination

Date Filed: 09/23/2004 Date Terminated: 07/25/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kathy D Boutchee EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3399 Fax: 713-209-3402 fax Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rose Adewale-Mendes Equal Employment Opportunity Commission Houston District Office 1919 Smith Street, 7th Fl Houston, TX 77002 713-209-3404 Fax: 713-209-3402 Email: rose.adewale-mendes@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Issara Seafood Inc agent of Baytown Seafood Restaurant

represented by Hak K Dickenson H K Dickenson and Associates 6363 Woodway Ste 820 Houston, TX 77057 713-333-6444 Fax: 713-333-6446 fax Email: hkd@hkdassociates.com LEAD ATTORNEY

1 of 4

5/16/2007 9:58 AM

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?105877584652521-L_3...

ATTORNEY TO BE NOTICED
Carrie Anne Arnett 1344 Alexander Houston, TX 77008 281-686-3272 Email: caa@dickensonarnett.com TERMINATED: 08/08/2006 ATTORNEY TO BE NOTICED

Date Filed 09/23/2004 09/23/2004 09/23/2004 10/04/2004 10/12/2004 10/13/2004 10/21/2004 01/07/2005 01/21/2005 01/21/2005
02/02/2005

#

Docket Text

1 COMPLAINT against Issara Seafood Inc (Filing fee $ 150) filed by Equal Employment Opportunity Commission.(hlerma, ) (Entered: 09/23/2004)
Summons Issued as to Issara Seafood Inc , filed.(hlerma, ) (Entered: 09/23/2004)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 1/21/2005 04:45 PM in Room 9136 before Judge Ewing Werlein, Jr. Parties notified.(hlerma, ) (Entered: 09/24/2004)
3 SUMMONS Returned Executed. Issara Seafood Inc served on 9/24/2004, answer due 10/14/2004, filed.(amaly, ) (Entered: 10/12/2004)
4 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 10/12/2004)
5 ANSWER to Complaint by Issara Seafood Inc, filed.(Arnett, Carrie) (Entered: 10/13/2004)
6 CERTIFICATE OF INTERESTED PARTIES by Issara Seafood Inc, filed.(Arnett, Carrie) (Entered: 10/21/2004)
7 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Issara Seafood Inc, filed.(Arnett, Carrie) (Entered: 01/07/2005)
8 Minute Entry for proceedings held before Judge Ewing Werlein, Jr. SCHEDULING CONFERENCE held on 1/21/2005. Appearances: Carrie Anne Arnett, Kathy D Boutchee., filed.(abonnaffons, ) (Entered: 01/24/2005)
9 SCHEDULING ORDER: Jury Joinder of Parties due by 3/15/2005 Pltf Expert Witness List due by 6/30/2005 Pltf Expert Report due by 6/30/2005 Deft Expert Witness List due by 7/31/2005 Deft Expert Report due by 7/31/2005 Discovery due by 9/30/2005 Dispositive Motion Filing due by 10/31/2005 Non-Dispositive Motion Filing due by 10/31/2005 Joint Pretrial Order due by 2/1/2006 Docket Call set for 3/3/2006 at 04:00 PM in Courtroom 9D before Judge Ewing Werlein, Jr.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(abonnaffons, ) Additional attachment(s) added on 1/25/2005 (ltien, ). (Entered: 01/24/2005)
10 INITIAL DISCLOSURES by Issara Seafood Inc, filed.(Arnett, Carrie) (Entered: 02/02/2005)

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03/04/2005 04/13/2005 04/13/2005 04/14/2005 04/15/2005 04/15/2005
04/29/2005 05/04/2005 05/04/2005 05/09/2005 05/16/2005
05/25/2005 05/26/2005

11 INITIAL DISCLOSURES by Issara Seafood Inc, filed.(Arnett, Carrie) (Entered: 03/04/2005)
12 NOTICE OF AGREED UPON MEDIATOR by Issara Seafood Inc, filed. (Arnett, Carrie) (Entered: 04/13/2005)
13 Unopposed MOTION for Extension of Time Docket Control Order Deadlines by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/3/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 04/13/2005)
14 MOTION to Compel Discovery by Issara Seafood Inc, filed. Motion Docket Date 5/4/2005. (Attachments: # 1 Proposed Order # 2 Exhibit # 3 Exhibit No. 2)(Arnett, Carrie) (Entered: 04/14/2005)
15 Order Referring Case to Mediation. Luecretia Dillard added as mediator, Luecretia Dillard added .( Signed by Judge Ewing Werlein, Jr ) Parties notified.(abonnaffons, ) (Entered: 04/18/2005)
16 SCHEDULING ORDER:, Motions terminated: 13 Unopposed MOTION for Extension of Time Docket Control Order Deadlines Pltf Expert Witness List due by 9/30/2005 Pltf Expert Report due by 3/30/2005 Deft Expert Witness List due by 9/30/2005 Deft Expert Report due by 9/30/2005 Discovery due by 12/30/2005 Dispositive Motion Filing due by 1/31/2006 Non-Dispositive Motion Filing due by 1/31/2006 Joint Pretrial Order due by 5/1/2006 Docket Call set for 6/2/2006 at 04:00 PM in Courtroom 9D before Judge Ewing Werlein, Jr.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(abonnaffons, ) (Entered: 04/18/2005)
17 Joint MOTION for Extension of Time Completion of Mediation by all parties, filed. Motion Docket Date 5/19/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 04/29/2005)
18 RESPONSE in Opposition to 14 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Proposed Order)(Boutchee, Kathy) (Entered: 05/04/2005)
19 ORDER granting 17 Joint MOTION for Extension of Time Completion of Mediation. Mediation shall occur no later than 7/18/2005.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(kmurphy, ) (Entered: 05/04/2005)
20 Reply to Response to 14 MOTION to Compel Discovery filed by Issara Seafood Inc. (Arnett, Carrie) (Entered: 05/09/2005)
21 ORDER granting in part 14 Motion to Compel Pltf to Respond to Deft's Interrogatories; Deft's Motion to Comple Pltf to Respond to Defts First Request for Production is DENIED. ORDERED that Pltf shall within fourteen days after the entry of this Order supplement its privilege log.( Signed by Judge Frances H Stacy ) Parties notified.(kmurphy, ) (Entered: 05/16/2005)
22 UNOPPOSED MOTION for Extension of Time to Comply with 5/16/05 Order by Equal Employment Opportunity Commission, filed. Motion Docket Date 6/14/2005. (Attachments: # 1 Proposed Order)(kmurphy, ) (Entered: 05/25/2005)
23 ORDER granting 22 MOTION for Extension of Time to Comply with 5/16/05 Order Notice of Compliance due by 6/17/2005.( Signed by Judge Ewing Werlein,

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05/31/2005 05/31/2005 06/06/2005 06/10/2005 07/21/2005
07/25/2005 08/04/2006
08/08/2006

Jr ) Parties notified.(djustice, ) (Entered: 05/27/2005)
24 Mail Returned Undeliverable as to Luecretia Dillard re: 21 Order on Motion to Compel, , filed. (mewilliams, ) (Entered: 05/31/2005)
25 Mail Returned Undeliverable as to Luecretia Dillard re: 16 Scheduling Order,,, Terminate Motions,, , filed. (mewilliams, ) (Entered: 05/31/2005)
26 Mail Returned Undeliverable as to Luecretia Dillard re: 23 Order, Set/Reset Deadlines , filed. (mewilliams, ) (Entered: 06/06/2005)
27 Mail Returned Undeliverable as to Luecretia Dillard re: 19 Order, Set/Reset Deadlines , filed. (rroberts, ) (Entered: 06/10/2005)
28 AGREED MOTION to Enter Consent Decree by Equal Employment Opportunity Commission, Issara Seafood Inc, filed. Motion Docket Date 8/10/2005. (Attachments: # 1 Proposed Consent Decree)(sguevara, ) (Entered: 07/22/2005)
29 CONSENT JUDGMENT - CONSENT DECREE.( Signed by Judge Ewing Werlein, Jr ) Parties notified.(abonnaffons, ) (Entered: 07/26/2005)
30 MOTION for Carrie A. Arnett to Withdraw as Attorney by Issara Seafood Inc, filed. Motion Docket Date 8/24/2006. (Attachments: # 1 Proposed Order)(Arnett, Carrie) (Entered: 08/04/2006)
31 ORDER granting 30 Motion to Withdraw as Attorney. Attorney Carrie Anne Arnett terminated .( Signed by Judge Ewing Werlein, Jr ) Parties notified.(jhancock) (Entered: 08/08/2006)

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