Case 3:02-cv-02108 Document 1 Filed 09/30/2002 Page 1 of 5

NA VARRO~JS 44

-\

", ~ ;\ \ CIVIL COVER SHEET The ¥.'i:~V\1 (,:"c"w';\'\ ~\~t~\i ~ information contained herein neither replace nor supplement the filing and service of pleadings or other papers as requ

by la\v, .exc'.VJl a's..jjrcMded by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for

Lise ot:.tlie tlerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

L (a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS
24 HOUR PROFESSIONAL JANITORIAL SERVICES, L P

1 u.s (b) COLinty of Residence of First Listed PlaIntiff .T.:-::~=:':"':~"""'=====--_-I-..:.:CoLinty of Residence of First Listed Defendant -!:KA~U~FMAN=!!..!._ _ _ _ __

(EXCEPT IN U S PLAINTfF CASBSf - ..,\': .: - - ' __ , '

(IN

PLAINTIFF CASES ONLY)

,-' .------- --··-----·'1 I. . ',.1. - j '" !._".)

NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

I

LAND INVOLVED

U (c) Attorney's (FlTln Name, Address, and Teleph( ne NLinb~tt' j

[UL:i

KERI MALLON, TRIAL ATTORNEY

I

I

IjAttorneys (If Known)

~~~~;~~I:fo~~~~:c~,?tr~~~
Dallas, Texas 75202 (214) 655-3332

! Cl.l(:. ~--.-;:.------: -.-- .}q I

- I --f"--

,
-

--,,-'

-

-

-

-

-

,

, • • LYuoS
--------~--

s 02CV-2108H

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

~I U S Government PlaIntIff

o 3 Federal Question
(U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL P ARTIES(place an "X" m One Box for Pia

(For DiverSity Cases Only)

and One Box for Defendant)

CitIzen of ThiS State

PTF DEF
0 1 01

PTF
Incorporated or Principal Place D 4

of Business In ThiS State

o 2 U S Government
Defendant

o 4 DIVersity
(Indicate CItIzenship of Parties
In Item !Il)

IV. NATURE OF SUIT CONTRACT

(Place an "x"' in One Box Only)
TORTS

Citizen of Another State D 2 D 2 Incorporated and Pnncipal Place D 5
of BUSIness In Another State

CitIzen or Subject of a D 3 D 3 Foreign NatIon
Forell!.D CountrY.

D 6

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

D I 10 Insurance

PERSONAL INJURY

PERSONAL INJURY D

D 120 Manne

D 310 AIrplane

D 362 Personal Injury- D

D 130 MIller Act

0 315 AIrplane Product

Med MalpractIce D

D 140 NegotIable Instrument

LIabIlIty

D 365 Personal Injury--

D 150 Recovery of Overpayment D 320 Assault, LIbel &

Product LIablhty

D

& Enforcement of Judb'1llent

Slander

D 368 Asbestos Personal D

D lSI MedIcare Act

D 330 Federal Employers'

InjUry Product

D

D 152 Recovery of Defaulted

LIabIlIty

LIabIlIty

D

Student Loans

D 340 Manne

PERSONAL PROPERTY

(Excl Veterans)

D 345 Manne Product

D 370 Other Fraud

D

D 153 Recovery of Overpayment

LmbllIlY

D 371 Truth m Lendmg

of Veteran's Benefits D 350 Motor VehIcle

D 380 Other Personal

D 160 Stockholders' SUIts D 190 Other Contract

D 355 Motor VehIcle Product LIabIlIty

Property Damage 0 385 Property Damage

D

D 195 Contract Product LIabIlIty D 360 Other Personal InjUry

Product LIabIlIty

D

REAL PROPERTY
D 210 Land CondemnatIOn D 220 Foreclosure

CIVIL RIGHTS
X441 Votmg 442 Employment

PRISONER PETITIONS D

0 510 MotIons to Vacate

Sentence

D

D 230 Rent Lease & Ejectment D 443 Housmg/

Habeas Corpus

D 240 Torts to Land

AccommodatIOns D 530 General

D

D 245 Tort Product LIabIlIty D 444 Welfare

D 535 Death Penalty

D 290 All Other Real Property D 440 Other ClVll RIghts D 540 Mandamus & Other D

D 550 ClVll RIghts

0 555 Pnson CondItIOn

610 Agnculture 620 Other Food & Drug 625 Drug Related SeIzure
of Property 21 USC 630 LIquor Laws 640 R R & Truck 650 Alfhne Regs 660 OccupatIonal
Safety/HealUl 690 Other

0122 Appeal 28 USC 158
0123 WIthdrawal 28 USC 157
PROPERTY RIGHTS
[]20 Copynghts []30 Patent []40 Trademark

LABOR

SOCIAL SECURITY

710 FaIr Labor Standards []61 HlA (I 395ff)

Act

[]62 Black Lung (923)

720 LaborlMb'IIlt RelatIOns []63 DIWCfDIWW (405(g»

[]64 SSlD TItle XVI

730 LaborlMgmt Reportmg []65 RSI (405(g»

& DIsclosure Act

740 RaIlway Labor Act

FEDERAL TAX SUITS

790 Other Labor LItIgatIOn

[]70 Taxes (U S Plamtlff or Defendant)

791 Empl Ret Inc Secunty Act

[]71 IRS-Third Party 26 USC 7609

D 400 State ReapportlOnmen D 410 AntItrust D 430 Banks and Bankmg D 450 CommercellCC Rates D 460 DeportatIon D 470 Racketeer Influenced
Conupt OrganIzations
o 810 SelectIve ServIce o 850 SecuntIesiCommodltIe
Exchange D 875 Customer Challenge
12 USC 3410 D 891 Agncultural Acts
o 892 EconomIc StabllIzatlo
D 893 EnVIronmental Matter D 894 Energy AllocatIon Act D 895 Freedom of
InfonnatIon Act
D 900 Appeal of Fee
DetennmatIon Under E Access to Justice D 950 ConstitutIOnalIty of
State Statutes
o 890 Other Statutory ActIOn

V. ORIGIN

(PLACE AN "X ' IN ONE BOX ONLY)

"I OngInal

D 2 Removed from

Proceedmg

State Court

D 3 Remanded from
Appellate Court

Transferred from another distnct
D 4 Remstated or D 5 (specify)
Reopened

VI. CAUSE OF ACTION (CIte the U S CIVIl Statute under whIch you are fihng and wnte bnefstatement of cause
Do not cIte JunsdlctlOnal statutes unless dIversIty)

D 6 Multidlstnct
LItigatIOn

Appeal to DIS Judge from
D 7 Magistrate
Judgment

ThIS Cd\lSe of actIon IS brought pursuant to TItle VII of ClV\1 RIghts Act of 1964 to correct unlawful employment prahces 24 Hour ProfeSSIOnal Janltonal ServIces VIOlated TItle VII of CIVIl RIghts Act

1964, as amended, by fadID to lure or retaID Ms Ruffin and Mr Eventt because of theIr race (Black) Defendants VIOlated Section 703(a) of TIlle VII, 42USC SectIOn 2000e-2

VII. REQUESTED IN

0 CHECK IF THIS IS A CLASS ACTION

DEMAND $

CHECK YES only If demanded In complaInt

COMPLAINT:

UNDERFRCP 23

JURY DEMAND:

,rYes DNo

VIII. RELATED CASE(S) IF ANY

(See
InstructIOns)

JUDGE

DOCKET NUMBER

SIGN~~OF RECO~

RECEIPT # _ _ _ __ AMOUN _ _ _ _ _ __ APPLYING IFP _ _ _ _ _ __

JUDGE ______________ MAG JUDGE ____________________

Case 3:02-cv-02108 Document 1 Filed 09/30/2002 Page 2 of 5

·" '.\ \ ......
,
\

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

24 HOUR PROFESSIONAL JANITORIAL }

SERVICES, L.P.

}

}

Defendant.

}

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

CIVIL ACTION NO.
COMPLAINT
302CV-2108H
(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, Felicia Ruffin and Anthony Everitt. The Commission alleges that the Defendant, 24 Hour Professional Janitorial Services, L.P. (hereafter "Professional Janitorial"), violated Title VII ofthe Civil Rights Act of 1964, as amended, by failing to hire or retain Ms. Ruffin and Mr. Everitt because of their race (Black).
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.

COMPLAINT

1

Case 3:02-cv-02108 Document 1 Filed 09/30/2002 Page 3 of 5

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, Professional Janitorial, has continuously been and is now doing business in the State of Texas, 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 of this lawsuit, Ms. Ruffin and Mr. Everitt 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. Beginning about March 2001, Defendant discriminated against Ms. Ruffin and Mr. Everitt in violation of Section 703(a) of Title VII, 42 U.S.C. Section 2000e-2. Specifically, Defendant failed to hire or retain Ms. Ruffin and Mr. Everitt because of their race (Black). 8. The effect of the practices complained of above has been to deprive Ms. Ruffin and Mr. Everitt of equal employment opportunities because of their race (Black). 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

COMPLAINT

2

Case 3:02-cv-02108 Document 1 Filed 09/30/2002 Page 4 of 5

with malice or reckless indifference to the federally protected rights of Ms. Ruffin and Mr. Everitt. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Professional Janitorial, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates in violation of Title VII and, specifically, from failing to hire or retain employees because of their race in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for its employees, and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Ms. Ruffin and Mr. Everitt by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative reliefnecessary to eradicate the effects ofunlawful employment practices, including but not limited to hiring Ms. Ruffin and Mr. Everitt. D. Order the Defendant to make whole Ms. Ruffin and Mr. Everitt by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety and loss of enjoyment of life, in amounts to be determined at trial. E. Order the Defendant to make whole Ms. Ruffin and Mr. Everitt, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraphs 7 , above, in amounts to be determined at trial.

COMPLAINT

3

Case 3:02-cv-02108 Document 1 Filed 09/30/2002 Page 5 of 5
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.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted,
NICHOLAS M. INZEO Acting Deputy General Counsel
--c----.>
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 0117821
l/~/jyui--
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
.,. )--).~
KERI L. MALLON Trial Attorney Colorado Bar No. 27392
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3332 (214) 655-3331 (FAX)

COMPLAINT

4

 
 Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 1 of 7

CIVI L ~T~IOnMN""i\i7"r-::~~.

VS.

at~rl1~:m§IJUCJ'QJIl. .3:0 CV2108-K

2JA4 NHIOTOURRIAPLROSEFERSVSICIOESN,AILNk====~F=======--_...J

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Equal Employment Opportunity Commission ("EEOC") and 24 Hour Professional Janitorial, Inc. ("Defendant") in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint filed on September 30, 2002 ("Complaint") in Civil Action No. 3:02-CV-2108-K. The Complaint is based upon Charges of Discrimination filed by Felicia Ruffin and Anthony Everitt, Charging Parties, against the Defendant employer. Defendant's agreement to the Consent Decree is conditioned upon the execution of separate Compromise Settlement Agreements and Releases signed by Ms. Ruffin and Mr. Everitt. The above-referenced Complaint alleges that the Defendant violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by failing to hire Felicia Ruffin and Anthony Everitt on the basis of their race. Defendant denies all of the allegations made in the complaint filed by EEOC and in the charges raised by Ruffin and Everitt and further states that it had legitimate, nondiscriminatory reasons for its employment decisions. Because Defendant believes litigation is expensive, time-consuming, and vexatious, the EEOC, Ruffin, Everitt, and Defendant, agree to compromise and settle this lawsuit as follows:

CONSENT DECREE - Page 1
757092 1ISP0/84307/01 01/121304

Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 2 of 7

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 Charge Nos.

310A10231 and 310A10230. This Decree further resolves all issues in the Complaint

filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation

on all issues raised in the above-referenced Charges and Complaint. The EEOC does

not waive processing or litigating charges other than the above-referenced Charges.

2. The parties agree that this Consent Decree does not constitute an

admission by Defendant of any liability or wrongdoing. Defendant expressly denies any

violation of local, state or federal law, common or statutory, including but not limited to,

Title VII of the Civil Rights Act of 1964, as amended or Title I of the Civil Rights Act of

1991.

3. Defendant understands the obligation imposed by law to be an equal

opportunity employer and pledges its commitment to comply with the law. To that end,

Defendant agrees to conduct equal opportunity training with all of Defendant's Area

Supervisors within one hundred twenty (120) days of the entry of this Consent Decree.

4.

Defendant agrees to distribute the Notice appended hereto as Attachment

"A" to each employee. A copy of Attachment "A" will be enclosed in an envelope

containing each employee's paycheck. Also enclosed in each envelope will be a notice

stating the following: "This is a copy of 24 Hour Professional Janitorial's

anti-discrimination policy. 24 Hour Professional Janitorial reiterates its commitment to

providing a workplace free of discrimination of any kind. Please read the policy and

keep a copy for your records." This distribution must be accomplished within ninety (90)

days after the Consent Decree is entered. New employees will be given a copy of the

CONSENT DECREE - Page 2
7570921/SPO/84307/0101/121304

Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 3 of 7

notice, Attachment "A," within thirty days of their hire. This procedure will remain in

effect during the one-year pendency of this Consent Decree.

5. Defendant agrees to pay Ms. Ruffin the amount of $15,000.00, to be paid

in three installments as follows:

•

$5,000.00 on December 15, 2004

•

$5,000.00 on January 14, 2005

•

$5,000.00 on February 18, 2005

The Charging Party will assume full responsibility to all state and federal taxing

authorities for any tax consequences. Installment payments shall be made by check

mailed to Ms. Ruffin at 7425 Sandywoods Court, Fort Worth, Texas 76112. There shall

be no prohibition or penalty for prepayment by Defendant.

6. Defendant agrees to pay Mr. Everitt the amount of $15,000.00, to be paid

in three installments as follows:

•

$5,000.00 on December 15, 2004

•

$5,000.00 on January 14, 2005

•

$5,000.00 on February 18, 2005

The Charging Party will assume full responsibility to all state and federal taxing

authorities for any tax consequences. Installment payments shall be made by check

mailed to Mr. Everitt at 2936 Bideker, Fort Worth, Texas 76105. There shall be no

prohibition or penalty for prepayment by Defendant.

7. Defendant agrees to report to the EEOC within one hundred twenty (120)

days of entry of this Consent Decree regarding compliance with Paragraphs 4, 5, and 6.

All reports to the EEOC shall be sent to Keri L. Mallon, Senior Trial Attorney, U.S.

EEOC, 207 S. Houston, Dallas, Texas, 75202.

8. If Defendant fails to tender payment within ten (10) days of notice of

alleged breach, Defendant shall pay interest at the rate calculated pursuant to 26 U.S.C.

§ 621 (b) on any unpaid amounts.

CONSENT DECREE - Page 3
7570921/SPO/84307i0101/121304

Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 4 of 7

9. Neither the EEOC, Felicia Ruffin, Anthony Everitt nor Defendant, 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 either party to the Consent

Decree to bring an enforcement action upon breach of any term of this Consent Decree

by either such party, save and except on questions of law. Nothing in this Decree shall

be construed to preclude the EEOC from enforcing this Decree in the event that

Defendant fails to perform the promises and representations contained herein. EEOC

shall be authorized to seek compliance with the Consent Decree through civil action in

the United States District Court. The EEOC also reserves all rights available to it at law.

10. The EEOC, Ruffin and Everitt shall not bring further suit or intervene in

any suit against Defendant based upon the above-referenced discrimination charge,

any of the allegations contained therein, the EEOC's investigation of the charge or the

underlying facts.

11. The parties to this Consent Decree agree to bear their own costs and

attorney's fees associated with the above-referenced Complaint. 12. The term of this Decree shall be for one (1) year.

rl.

on~ 20~ SO ORDERED, ADJUDGED AND DECREED

,

~
UN ITESTATSDlSiRI CTJlJOGE
U (;1\ \(.eAck-

CONSENT DECREE - Page 4
757092 1/SPO/84307/01 01/121304

Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 5 of 7

AGREED AS TO FORM AND SUBSTANCE:

11: 1( Signed this

day of

L/ ,2004

FOR THE PLAINTIFF EEOC:

FOR THE DEFENDANT:

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
TOBY W . COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720

~r:?~--..· -
MICHAEL R. BUCHANAN Texas State Bar No. 03288300 Strasburger & Price 901 Main Street, Suite 4300 Dallas, Texas 75202 (214) 651-4300 (214) 651-4330 (FAX)

KERI L. MALLON

Senior Trial Attorney

Colorado State Bar No. 27392

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

Dallas District Office

207 S. Houston

Dallas, Texas 75202

Tel No. (214) 253-2743

Fax No. (214)

253-2749

AGREEMENT TO TERMS, CONDITIONS, AND RELEASE OF CLAIMS:

Felicia Ruffin
CONSENT DECREE - Page 5
757092 1/SPO/84307/01 01/121304

. ' ,{Jl1vri--U~"h.-
r [il' {1iiLLUI,

Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 6 of 7
\.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office
207 S. Houston Street, 3rd Floor Dallas, Texas 75202-4726 (214) 253-4726 (214) 253-3700 TTY (214) 253-2710 FAX (214) 253-2720
ATTACHMENT A
NOTICE TO ALL EMPLOYEES
This NOTICE is being posted pursuant to a Consent Decree between 24 HOUR PROFESSIONAL JANITORIAL SERVICE, and the U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC). This NOTICE will be conspicuously posted for a period of one (1) year at the corporate offices of 24 HOUR PROFESSIONAL JANITORIAL SERVICES. It must not be altered, defaced, or covered by any other material.
Federal law requires that there be no discrimination against any person or applicant for employment because of an individual's race, with respect to hiring, promotion, discharge, compensation or other terms, conditions or privileges of employment. Federal law also prohibits retaliation against any employee who files a charge of discrimination, or who cooperates with the government's investigation of a charge.
24 HOUR PROFESSIONAL JANITORIAL SERVICE supports and will comply with such federal law in all respects and will not take any action against employees because they have exercised their rights under the law.
24 HOUR PROFESSIONAL JANITORIAL SERVICE has an equal employment opportunity policy and will ensure that all supervisory employees and other employees abide by the requirements of that policy and that employees will not be subjected to retaliation, intimidation, or subjected to a hostile work environment.
The following guidelines are examples of conduct which would be considered harassment of a racial nature. Such examples are not all-inclusive and are offered as some of the more commonplace actions which may, under certain circumstances, constitute racial harassment. No employee will be permitted to engage in this type of activity and such activity may result in immediate discipline, up to and including termination. The company and its employees understand that conduct or actions that arise out of a personal or social relationship that are not intended to have a discriminatory effect may not be viewed as harassment. Specifically, 24 HOUR PROFESSIONAL JANITORIAL SERVICE will not allow anyone to:
a. use derogatory names or words or jokes when referring to a person or to a person's race or color;

Case 3:02-cv-02108 Document 26 Filed 03/09/2005 Page 7 of 7

ATTACHMENT A NOTICE, cont'd. •\'

Page 2

b. make racial comments when persons are applying for employment;

c. make racial comments characterizing individuals as unsuitable for positions;

d. create an intimidating, hostile, or offensive working environment.

An employee has the right, and is encouraged to exercise that right, to report allegations of employment discrimination in the workplace. An employee may notify his or her immediate supervisor or any person in management. Any report of such an allegation will be thoroughly investigated, with appropriate sanctions taken against any person(s) found to have engaged in inappropriate conduct.

An employee may, either alternatively or in addition to reporting such an allegation with management officials, contact the U.S. Equal Employment Opportunity Commission for the purposes of filing a charge of employment discrimination. The address and telephone number of the nearest office of that agency is:

Equal Employment Opportunity Commission Dallas District Office 207 South Houston Dallas, Texas 75202 (214) 253-2700

THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF ONE YEAR.

Signed this ___ day of December, 2004.

Date: ___________

24 Hour Professional Janitorial Service

By: Its:

 
 District Version 2.5 - Docket Report

Page 1 of 4

CLOSED, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:02-cv-02108

Equal Employent Oppo v. 24 Hour Professional Assigned to: Judge Ed Kinkeade Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 09/30/2002 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employent Opportunty Commission

represented by Keri L Mallon Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2743 Fax: 214/253-2749 FAX Email: Keri.Mallon@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
24 Hour Professional Janitorial Services, LP

represented by Michael R Buchanan Ogletree Deakins Nash Smoak & Stewart - Dallas 700 Preston Commons 8117 Preston Rd Dallas, TX 75225-4324 214/624-1164 Fax: 214/987-3800 FAX Email: mike.buchanan@ogletreedeakins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
George A Boll Juneau Boll & Ward 15301 Spectrum Dr Suite 300 Addison, TX 75001 972/866-8333 Fax: 972/866-8378 FAX

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?258767128784325-L_923_0-1

7/7/2006

District Version 2.5 - Docket Report

Page 2 of 4

Date Filed 09/30/2002 09/30/2002 09/30/2002 09/30/2002 09/30/2002 11/25/2002
12/18/2002
12/20/2002 02/04/2003

Email: GeorgeBoll@juneauboll.com TERMINATED: 02/20/2003
Jeff R Ward Juneau & Boll 15301 Spectrum Dr Suite 300 Addison, TX 75001 972/866-8333 Fax: 972/866-8378 FAX TERMINATED: 02/20/2003
Richard J Riley Munsch Hardt Kopf & Harr - Dallas 3800 Lincoln Plaza 500 N Akard St Dallas, TX 75201 214/855-7500 Email: rriley@munsch.com

#

Docket Text

1 COMPLAINT filed; Filing Fee Gvt no fee (4) (jyg) (Entered: 09/30/2002)

1 DEMAND for jury trial by plaintiff Equal Employent Oppo (jyg) (Entered: 09/30/2002)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Wm F Sanderson Jr (jyg) (Entered: 09/30/2002)

2 CERTIFICATE OF INTERESTED PERSONS by plaintiff Equal Employent Oppo (2) (jyg) (Entered: 09/30/2002)

3 SUMMONS(ES) issued for defendant 24 Hour Professional (iss 1) (jyg) (Entered: 09/30/2002)

4 SPECIAL ORDER NO. 3-225. Effective 11/25/02, the cases listed on Exhibit A attached to this order are transferred from the docket of Honorable Barefoot Sanders to the docket of Honorable Ed Kinkeade and shall henceforth carry the suffix letter "K". ( Signed by Chief Judge A. J. Fish ) Copies to counsel: 11/25/02 Page(s): 2 (aat) (Entered: 11/25/2002)

5 RETURN OF SERVICE executed as to defendant 24 Hour Professional 12/5/02. Answer due on 12/26/02 for 24 Hour Professional. (aat) (Entered: 12/19/2002)

6 ANSWER to complaint by defendant 24 Hour Professional (Attorney George A Boll, Jeff R Ward) (4) (aat) (Entered: 12/23/2002)

7 ORDER REGARDING TRANSITION. All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?258767128784325-L_923_0-1

7/7/2006

District Version 2.5 - Docket Report

Page 3 of 4

02/14/2003 02/14/2003 02/20/2003
10/28/2003
11/20/2003 12/02/2003
12/12/2003 12/18/2003 01/15/2004 01/27/2004 01/30/2004 02/02/2004

full force and effect. Counsel are directed to confer and file a joint status report with the Court no later than 14 days after the date of this order. See order for specifics. (Signed by Judge Ed Kinkeade) Copies to counsel: 2/5/03 Page(s): 3 (jaw) (Entered: 02/05/2003)
8 JOINT STATUS REPORT by 24 Hour Professional Janitorial Services, LP, Equal Employent Opportunty Commission. (aat, ) (Entered: 02/18/2003)
9 MOTION to Substitute Attorneys Michael R. Buchanan and Richard J. Riley for George A. Boll and Jeff R. Ward filed by 24 Hour Professional Janitorial Services, LP (aat, ) (Entered: 02/18/2003)
10 ORDER granting 9 Motion to Substitute Attorneys Michael R. Buchanan and Richard J. Riley in place of George A. Boll and Jeff R. Ward for defendant. (Signed by Judge Ed Kinkeade on 2/20/03) (aat, ) Additional attachment(s) added on 2/28/2003 (aat, ). (Entered: 02/24/2003)
11 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. Joint report due by 12/15/2003. (Signed by Judge Ed Kinkeade on 10/28/03) (aat, ) (Entered: 10/29/2003)
12 JOINT STATUS REPORT for contents of scheduling and discovery order by 24 Hour Professional Janitorial Services, LP, Equal Employent Opportunty Commission. (aat, ) (Entered: 11/21/2003)
13 SCHEDULING ORDER: Amended pleadings due by 1/16/2004. Discovery due by 7/30/2004. Docket call set for 1/3/2005 at 09:00 AM before Judge Ed Kinkeade. Joinder of parties due by 1/16/2004. Motions due by 9/3/2004. Proposed pretrial order due by 12/20/2004. Pretrial materials due by 12/20/2004. (Signed by Judge Ed Kinkeade on 12/2/03) (aat, ) (Entered: 12/03/2003)
14 ORDER: The date for parties to submit a joint designation of mediator is extended to 12/12/03. (Signed by Judge Ed Kinkeade on 12/12/03) (aat, ) (Entered: 12/16/2003)
15 AGREEMENT to mediator by 24 Hour Professional Janitorial Services, LP, Equal Employent Opportunty Commission (aat, ) (Entered: 12/19/2003)
16 NOTICE of scheduled mediation conference by Kenneth Rubenstein. (aat, ) (Entered: 01/16/2004)
17 ADR summary filed by Ken Rubenstein. Attorneys in Attendance: Keri Mallon, Toby Costas, Mike Buchanan. Prv Fee: $1150. Disposition: DNS.(aat, ) (Entered: 01/28/2004)
18 AFFIDAVIT of Michael R. Buchanan. (aat, ) (Entered: 02/02/2004)
19 MEDIATION REPORT by 24 Hour Professional Janitorial Services, LP, Equal Employent Opportunty Commission. (aat, ) (Entered: 02/03/2004)

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?258767128784325-L_923_0-1

7/7/2006

District Version 2.5 - Docket Report

Page 4 of 4

02/23/2004 03/09/2004 04/12/2004 05/14/2004 11/12/2004
12/17/2004
03/09/2005

20 MOTION to quash and REQUEST for expedited review by Equal Employent Opportunty Commission with incorporated brief. (Exhibits not imaged) (aat, ) (Entered: 02/24/2004)
21 RESPONSE to motion re 20 motion to quash and brief in support filed by 24 Hour Professional Janitorial Services, LP. (aat, ) (Entered: 03/10/2004)
22 ORDER denying 20 motion to quash. (Signed by Judge Ed Kinkeade on 4/11/4) (aat, ) (Entered: 04/13/2004)
23 Certificate for written questions served on Mary R. Davis, Custodian of Records for University of North Texas on 4/27/04. (klm, ) (Entered: 05/17/2004)
24 Order Directing Administrative Closure. Nothing in this Order shall be considered a dismissal or disposition of this case, and should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. (Signed by Judge Ed Kinkeade on 11/12/04) (klm, ) (Entered: 11/12/2004)
25 CONSENT DECREE filed by Equal Employent Opportunty Commission, 24 Hour Professional Janitorial Services, LP. (aat, ) Modified on 3/9/2005 (mlm, ). **DOCUMENT FILE-STAMPED IN ERROR 12/17/04. SIGNED BY JUDGE KINKEADE 1/11/05** (Entered: 12/20/2004)
26 CONSENT DECREE: This consent decree resolves all issues raised in EEOC charge nos. 310A10231 and 310A10230. This decree further resolves all issues in the complaint filed by the EEOC in this action. See decree for specifics. (Signed by Judge Ed Kinkeade on 1/11/05) (mlm) (Entered: 03/09/2005)

PACER Service Center
Transaction Receipt

PACER Login: Description: Billable Pages:

07/07/2006 11:36:57

hs0328

Client Code:

Docket Report Search Criteria:

3

Cost:

peters 3:02-cv-02108 0.24

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?258767128784325-L_923_0-1

7/7/2006