Case 9:05-cv-00193-RHC Document 1 Filed 09/30/2005 Page 1 of 5

"
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

HORSETRADERS INC. d/b/a

}

BULLFROGS RESTAURANT

}

}

}

Defendant.

}

CIVIL ACTION NO.
CPo oSc v' Iq.J
COMPLAINT
Rc..
JURY TRIAL DEMANDED

NATURE OF THE ACTION

This is an action under Title VII ofthe Civil Rights Act of 1964, as amended, and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to

provide appropriate reliefto Jeannette England and other similarly situated individuals, who were

subj ected to a sexually hostile work envirorunent.

JURISDICTION AND VENUE

1. Jurisdiction ofthis 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 the Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(I) and (3), and Section 102

of the Civil Rights Act of 1991,42 U.S.C. Sec. 1981a.

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Eastern District of Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an

Case 9:05-cv-00193-RHC Document 1 Filed 09/30/2005 Page 2 of 5
agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a).
4. At all relevant times, Defendant, Horsetraders, Inc. d/b/a Bullfrogs, 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 under Section 701 (b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jeannette England filed a charge with the Commission alleging violations of Title VII ofthe Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment ofJeannette England and the similarly situated individuals, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(I ) of Title VII, 42 U.S.C. § 2000e-2(a)(I) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by subjecting Je annette England and the similarly situated individuals to asexually hostile work environment. Specifically, the Defendant subjected Jeannette England and the similarly situated incli\ idllals to a sexually hostile work environment in which they were frequently subjected to sexually explicit remarks, unwelcome conduct and comments and a work atmosphere permeated wilh sexually offensive behavior.
Page -2-

Case 9:05-cv-00193-RHC Document 1 Filed 09/30/2005 Page 3 of 5

8

The result of the foregoing practices bas been to deprive Jeannette ERghllld am! the

similarly situated individuals of equal employment opportunities because oftheir sex.

9. The unlawful employment practices complained of in paragraph 7 above were

int~ntional.

10. The unlawful employment practices complained of in paragraph 7 above were done

wi lh malice or with reckless indifference to the federally protected rights ofJeannette England and

the similarly situated individuals.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, its 0 fficers, successors,

agencs, assigns, and all persons in active concert or participation with it, from engaging in any

employment practice which discriminates on the basis of sex, or which facilitates, condones or

encourages sexual harassment.

B. Order the Defendant to institute and carry out policies, practices, and programs which

pro vic: e equal employment opportunities and anon-hostile work environment for females, and which

eraliicate the effects ofits past and present unlawful employment practices.

C. Order the Defendant to make whole Jeannette England and the similarly situated

individuals byproviding them with affirmative reliefnecessaryto eradicate the effects ofits unlawful

em;;;oyment practices.

D. Order the Defendant to make Jeannette England and the similarly situated individuals

whole by providing compensation for past and future pecuniary losses resulting from the unlawful

employ;nent practices described in paragraph 7 above, including but not limited to out of pocket

Page -3-

Case 9:05-cv-00193-RHC Document 1 Filed 09/30/2005 Page 4 of 5

mcclicni ('XpenSes and job b1mting expenses

L. Order the Defendant to make Jeannette England and the other similarly situated individ uals whole byproviding compensation for past and future nonpecuniary losses resulting from the U111 ~ wful employment practices described in paragraph 7 above, including but not limited to, pain ami Sl1 r:·cring, humiliation, embarrassment, emotional distress, anxiety, and loss ofenjoyment oflife, in amounts to be determined at trial.

Order the Defendant to pay Jeannette England and other similarly situated individuals

Plil,':l\'C or exemplary damages for its intentional, malicious conduct or reckless indifference

dtscri>;j and referenced in paragraph 7 above, in an amount to be determined at trial.

v.
interest.

Grant such further relief as the Court deems necessary and proper in the public

it. Award the Commission its costs in this action.

JURY TRIAL DEMAND
rhe Commission requests a jury trial on all questions of fact raised by its Complaint.
Respectfully submitted,
GWENDOLYNY. REAMS Deputy General Counsel ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782

SUZANNE M. ANDERSON Page -4-

Case 9:05-cv-00193-RHC Document 1 Filed 09/30/2005 Page 5 of 5 £yp~visory Trial Attorney Texas Bar No. 14009470 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2740 (214) 253-2749 FAX
Page -5-

 
 E.E.O.C. v. Horsetraders, Inc., Not Reported in F.Supp.2d (2005)

2005 WL 3149346 Only the Westlaw citation is currently available.
United States District Court, E.D. Texas, Lufkin Division.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v.
HORSETRADERS, INC. d/b/a Bullfrogs Restaurant, Defendant.
No. 9:05CV193. | Nov. 23, 2005.
Attorneys and Law Firms
Suzanne Elizabeth Anderson, Dallas, TX, for Plaintiff.
David Joseph Guillory, David J. Guillory & Associates, Nacogdoches, TX, for Defendant.
Opinion

ORDER GRANTING JANETTE ENGLAND’S MOTION TO INTERVENE

CLARK, J.
*1 Before the court is Janette England’s Motion to Intervene as a plaintiff [Doc. # 3]. Plaintiff Equal Opportunity Employment Commission does not oppose this motion. Defendant has responded and does not oppose Ms. England’s right to intervene. Defendant, however, opposes Ms. England’s motion on the grounds that her Plaintiff-Intervener Complaint names a new party, Rick Miller.1 Defendant claims that an individual cannot be sued under Title VII, 42 U.S.C. § 2000(e) et. seq (“Title VII”). England’s proposed complaint only alleges state law claims against Mr. Miller, and these claims arise out of the same series of occurrences that gave rise to the Title VII claim against Defendant. Joinder of Rick Miller as a party is proper, and this court has supplemental jurisdiction over the state law claims asserted against him in the complaint under 28 U.S.C. § 1367. Ms. England, therefore, should be allowed to intervene and also to file her original complaint attached to her motion.

1

Fed.R.Civ.P. 24(c) requires the moving party to attach a

copy of the complaint that will be filed if the motion to

intervene is granted. It is the additional claims against

another party to which Defendant is opposed.
Background
The Equal Opportunity Commission (“EEOC”) filed this suit alleging that Defendant subjected Janette England and other similarly situated individuals to a sexually hostile work environment in violation of Title VII. Allegedly, Janette England and other similarly situated individuals were frequently subjected to sexually explicit remarks, unwelcome conduct and comments, and a work atmosphere permeated with sexually explicit behavior. The EEOC’s charges were brought after Ms. England filed a complaint with the Agency detailing what she purportedly endured at the hands of Defendant’s employees and agents, including Rick Miller.
Janette England filed this motion almost immediately after the original Complaint was filed and before Defendant appeared in this suit. Defendant has now appeared and filed a response to this motion. Ms. England seeks leave to pursue claims under Title VII against Defendant for individual compensation for the alleged sexual harassment inflicted by Defendant. Defendant does not oppose her right intervene and to pursue this claim. Ms. England also seeks to join Rick Miller, the owner of the Bullfrogs Restaurant, and to bring state law claims against him including assault, battery, and intentional infliction of emotional distress. Defendant opposes any claim made by Ms. England under Title VII against Mr. Miller.
Discussion
Fed.R.Civ.P. 24(a) states that upon a timely application anyone shall be allowed to intervene in an action when a United States Statute confers an unconditional right to intervene. Fed.R.Civ.P. 24(a). 42 U.S.C. § 2000e-5(f)(1) states in relevant part that “the person or persons aggrieved shall have the right to intervene in a civil action brought by the [EEOC]....” 42 U.S.C. § 2000e-5(f)(1). Here, the EEOC has brought a civil action against Defendant. No one disputes that Ms. England’s motion was timely, and that Ms. England was an aggrieved party. The court concludes that Ms. England has a statutory right to intervene in this case, and is a proper party to this suit.
1

E.E.O.C. v. Horsetraders, Inc., Not Reported in F.Supp.2d (2005)

*2 Upon concluding that Ms. England is a proper party to this suit, the court must consider whether she should be allowed to file her proposed Plaintiff-Intervener Complaint. In the complaint, Ms. England seeks to join a new defendant, Rick Miller, and bring new state law claims against this defendant. Fed.R.Civ.P. 20 permits joinder of a defendant when the right to relief arises out of the same transaction or occurrence, or series of transactions or occurrences, and if any question of law or fact common to all defendants will arise in the action. Fed.R.Civ.P. 20(a). In determining what constitutes the same transaction or occurrence under Rule 20(a), other courts have looked to Fed.R.Civ.P. 13(a) governing compulsory counterclaims. Alexander v. Fulton City, 207 F.3d 1303, 1323 (11th Cir.2000). Under this rule, “[a]ll logically related events entitling a person to institute a legal action against another generally are regarded as comprising a transaction or occurrence.” Id. (citations omitted).
Defendant objects that Ms. England should not be allowed to join Mr. Miller and bring a Title VII cause of action against him. Her proposed complaint, however, does not state a Title VII cause of action against Mr. Miller at all. “Plaintiff-Intervener England’s federal cause of action is brought solely against her former employer, Defendant Horsetraders, Inc. d/b/a Bullfrogs Restaurant.” Pl.-Int. Compl. at p. 5, n. 1. She seeks to bring additional state law claims against Mr. Miller based upon his individual actions during the time period while she worked for Defendant and was allegedly subject to Defendant’s sexually hostile work environment. The claims of assault, battery, and intentional infliction of emotional distress all arise from the same series of occurrences that gave rise to the instant suit. Based on Ms. England’s proposed complaint, the same questions of whether Mr. Miller actually acted in the manner alleged by her will be at issue under both the Title VII and state law claim. Defendant does not dispute that the underlying events that give rise to the tort claims are logically related

to the Title VII claims. The court concludes, therefore, that Ms. England, as a party to this suit, should be allowed to join Rick Miller.
Additionally, this court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367(a). Supplemental jurisdiction extends a district court’s jurisdiction over claims that are sufficiently related to the claim on which its original jurisdiction is based. See 28 U.S.C. § 1367(a). Furthermore, “[s]uch supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.” Id. This sentence makes it clear that the grant of supplemental jurisdiction extends to claims involving joinder or intervention of additional parties. See Exxon Mobil Corp. v. Allapattah Services, Inc., --- U.S. ----, 125 S.Ct. 2611, 2620, 162 L.Ed.2d 502 (2005).
*3 Here, original jurisdiction in this case is based upon federal question jurisdiction, and the additional claims involve the joinder of a new party. As noted, the state law claims are sufficiently related to the Title VII claims because they involve the same series of occurrences and same factual issues. Moreover, the court finds no reason to decline to exercise supplemental jurisdiction in this case. The claims do not raise novel issues of state law and they do not substantially predominate over the Title VII claims. See 28 U.S.C. § 1367(c). The court will exercise its supplemental jurisdiction over these additional state law claims.
IT IS THEREFORE ORDERED that Janette England’s Motion to Intervene [Doc. # 3] is GRANTED and she is allowed to file her Plaintiff-Intervener Original Complaint.
So ORDERED.
	  

2

 
 Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

§

§

Plaintiff

§

§

and

§

§

JANETTE ENGLAND

§

§

Plaintiff-Intervenor

§

§

v.

§

§

HORSETRADERS, INC. d/b/a

§

BULLFROGS RESTAURANT

§

§

Defendant

§

and

§

§

RICKY MILLER

§

§

Defendant

§

§
CIVIL ACTION NO. 9:05CV193 JUDGE CLARK

PLAINTIFF-INTERVENOR’S ORIGINAL COMPLAINT NOW COMES Plaintiff-Intervenor Janette England, Plaintiff-Intervenor herein, complaining of Horsetraders, Inc. d/b/a Bullfrogs Restaurant and Ricky Miller, Defendants herein, and for cause of action submits the following:
I Jurisdiction and Venue 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343(a)(4); 28 U.S.C. § 1337; and 42 U.S.C. § 20003–5(f). This is a suit in equity and at law authorized and instituted pursuant to

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 2 of 8
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1981(a) and it seeks declaratory relief pursuant to 28 U.S.C. §§ 2201, 2202. 2. Plaintiff-Intervenor England additionally brings supplemental state law claims over which this Court has jurisdiction pursuant to 28 U.S.C. § 1367. 3. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 in that the unlawful employment practices and state law violations, alleged below, were and are being committed within the State of Texas and the Eastern District of Texas. Defendants are subject to service in the Eastern District of Texas, Lufkin Division.
II Parties 4. Plaintiff-Intervenor England is a female citizen of the United States and resident of Nacogdoches County, Texas. Plaintiff-Intervenor England has been subjected to unlawful employment practices committed in the State of Texas, Eastern District, Lufkin Division, as well as state court violations of assault and battery and the intentional infliction of emotional distress. 5. Defendant Horsetraders, Inc. d/b/a Bullfrogs Restaurant is a company doing business in the Eastern District of Texas, Lufkin Division. Defendant Horsetraders, Inc. maintains and administers records relevant to its employment practices within said district and division. Defendant is an employer within the meaning of 42 U.S.C. § 2000e, et seq., in that the defendant is engaged in an industry affecting commerce and employs at least fifteen (15) persons. Defendant Horsetraders, Inc. may be served through its registered agent for service of process, Richard A. Miller, 1507 North Street, Nacogdoches, TX 75961.
2

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 3 of 8
6. Defendant Ricky Miller is an owner of Defendant Horsetraders, Inc., d/b/a Bullfrogs Restaurant and a resident of Nacogdoches County, Texas. Defendant Miller may be served at his place of business, Bullfrogs Restaurant, 1507 North Street, Nacogdoches, TX 75961.
III Federal Cause of Action1 7. This is a proceeding for a declaratory judgment, injunctive relief, compensatory and punitive damages, and other relief to secure the rights of Plaintiff-Intervenor England under 42 U.S.C. §§ 2000e, et seq. and 42 U.S.C. § 1981(a). It is brought to prevent defendant from maintaining a policy, practice, custom or usage of discriminating against Plaintiff-Intervenor England and others with regard to terms, conditions and privileges of employment, and to compensate her and others for sexual harassment, sex discrimination, retaliation and constructive discharge. 8. Plaintiff-Intervenor England worked for Bullfrogs and its owner, Ricky Miller, for approximately a year and a half until she was constructively discharged on or about March 16, 2005. 9. During the year and a half that Plaintiff-Intervenor England worked for Defendant Horsetraders, Inc., Defendant Owner Miller frequently touched her in an inappropriate manner. For example, he constantly grabbed at her, touched her breasts, cornered her, pulled down her panties, etc. He also made unwanted sexual comments. 10. Plaintiff-Intervenor England always told Defendant Owner Miller to stop, but he never quit for very long. Plaintiff-Intervenor England is aware of no one else in the company to whom she could complain.
1Plaintiff-Intervenor England’s federal cause of action is brought solely against her former employer, Defendant Horsetraders, Inc. d/b/a Bullfrogs Restaurant.
3

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 4 of 8
11. On or about June 17, 2004, approximately two weeks after Plaintiff-Intervenor England turned 18, Defendant Owner Miller bought her drinks, took her off to the side, shoved her down, held her down, got on top of her and began feeling her up and kissing her. Defendant Owner Miller attempted to rape Plaintiff-Intervenor England. Plaintiff-Intervenor England does not know exactly how, but she eventually was able to push Defendant Owner Miller off of her. 12. Defendant Owner Miller continued to make sexist/sexual comments to Plaintiff-Intervenor England (such as asking her to give him a blow job) and grabbing her in a sexual manner throughout the period of time that she worked for him. 13. Plaintiff-Intervenor England continued to work off and on for Defendant Owner Miller because she needed the money. On or about March 16, 2005, however, she quit because she was tired of putting up with him. Defendant Owner Miller’s conduct toward Plaintiff-Intervenor England during her tenure amounted to constructive discharge, as no reasonable person could be expected to put up with Defendant Owner Miller’s conduct. 14. Plaintiff-Intervenor England later heard that Defendant Owner Miller bragged to others about drugging her drink when he tried to rape her. 15. Within 300 days of the acts of which Plaintiff-Intervenor England complains, she filed a written charge of discrimination with the Equal Employment Opportunity Commission. Thereafter, the Commission investigated Plaintiff-Intervenor England’s charges and concluded that there was reasonable cause to believe that violations of Title VII had occurred. Suit was thereafter filed by the EEOC and Plaintiff-Intervenor England has sought to intervene on a prompt basis. All conditions precedent to the filing of this action have been fulfilled.
4

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 5 of 8
16. As a result of Defendants’ unlawful conduct, Plaintiff-Intervenor England has suffered loss of enjoyment of life, severe emotional distress, lost back pay (including fringe benefits) and lost front pay (including fringe benefits) for which she seeks compensatory and punitive damages. 17. Defendant Horsetrader Inc.’s actions complained of above were taken with malice or with a conscious disregard for Plaintiff-Intervenor England’s federally protected rights, making an award of punitive damages appropriate.
IV State Law Claims2 18. Defendant Owner Miller’s acts and omissions, set forth above, constitute the state law torts of assault and battery. 19. Defendant Owner Miller’s acts and omissions, set forth above, were intentional and/or reckless, extreme and outrageous, and caused Plaintiff-Intervenor England severe emotionaldistress. As a result, Defendant Owner Miller is liable for the state law tort of intentional infliction of emotional distress. 20. Defendant Owner Miller’s conduct, complained of above, including actions and omissions, proximately caused Plaintiff-Intervenor England to suffer mental, emotional and psychological damages, as well as lost compensation. 21. All of Defendant Owner Miller’s wrongful acts and omissions, as set out above, were wanton, malicious, and done in conscious disregard of and with deliberate indifference to the rights and needs of Plaintiff-Intervenor England, rendering appropriate the award of punitive damages.
2Plaintiff-Intervenor England’s state law causes of action are brought solely against Defendant Owner Miller.
5

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 6 of 8
V Request for Relief 22. ACCORDINGLY, Plaintiff-Intevernor England respectfully requests that this Court advance this case on the docket and grant the following relief: a. Grant Plaintiff-Intervenor England a declaratory judgment, declaring Defendant Horsetraders, Inc.’s past practices herein complained of to have violated PlaintiffIntervenor England’s rights in violation of Title VII, 42 U.S.C. § 2000e, et seq. and 42 U.S.C. § 1981(a); b. Grant Plaintiff-Intervenor England a declaratory judgment declaring that Defendant Owner Miller has violated Plaintiff-Intervenor England’s rights to be free from assault, battery and the intentional infliction of emotional distress; c. Enter judgment against Defendants in favor of Plaintiff-Intervenor England for full compensatory damages; d. Enter judgment against Defendant Horsetraders, Inc. and in favor of PlaintiffIntervenor England for equitable relief, including back pay, reinstatement, and/or front pay, including fringe benefits; e. Enter judgment against Defendant Horsetraders, Inc. and in favor of PlaintiffIntervenor England for an amount of punitive damages sufficient to punish and deter Defendant Horsetraders, Inc. from discrimination, harassment and/or retaliation against Plaintiff-Intervenor England and/or others;
6

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 7 of 8
f. Enter judgment against Defendant Owner Miller and in favor of Plaintiff-Intervenor England for an amount of punitive damages sufficient to punish and deter Defendant Owner Miller from violating the rights of Plaintiff-Intervenor England and/or others;
g. Grant Plaintiff-Intervenor England a trial by jury; and h. Grant Plaintiff-Intervenor England any and all additional relief to which she appears
to be entitled, including a reasonable attorney fee, costs herein expended, prejudgment interest, and post-judgment interest as provided by law.
Respectfully Submitted, /s/ Alex A. Castetter Alex A. Castetter Attorney for Plaintiff-Intervenor England Bar Card No. 00783808 Stuckey, Garrigan & Castetter Law Offices 2803 C North Street P.O. Box 631902 Nacogdoches, Texas 75963-1902 (936) 560-6020/FAX: 560-9578 aacstugar@cox-internet.com
7

Case 9:05-cv-00193-RHC Document 10 Filed 12/02/2005 Page 8 of 8
CERTIFICATE OF SERVICE I hereby certify that I have served counsel in this case with a true and correct copy of the foregoing Plaintiff-Intervenor’s Original Complaint by sending same electronically to: Suzanne M. Anderson Equal Employment Opportunity Commission Dallas District Office 207 South Houston, 3rd Floor Dallas, TX 75202 David J. Guillory 510 Ochiltree St. Nacogdoches, TX 75961 on this the 2nd day of December, 2005.
/s/ Alex A. Castetter Alex A. Castetter
8

 
 Case 9:05-cv-00193-RHC Document 21 Filed 05/08/2006 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

HORSETRADERS INC. d/b/a

}

BULLFROGS RESTAURANT

}

}

}

Defendant.

}

CIVIL ACTION NO. 9:05CV193 JURY TRIAL DEMANDED

PLAINTIFF’S FIRST AMENDED COMPLAINT

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 to correct unlawful employment practices on the basis of sex and to

provide appropriate relief to Jeannette England and similarly situated individuals, including Jennifer

England, who were subjected to a sexually hostile work environment.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 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 the Civil

Rights Act of 1964, as amended, (“Title VII”), 42 U.S.C § 2000e-5(f)(1) and (3), and Section 102

of the Civil Rights Act of 1991, 42 U.S.C. Sec. 1981a.

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Eastern District of Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an

Case 9:05-cv-00193-RHC Document 21 Filed 05/08/2006 Page 2 of 6
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 and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a).
4. At all relevant times, Defendant, Horsetraders, Inc. d/b/a Bullfrogs, 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 under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Jeannette England filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Jeannette England and similarly situated individuals, including Jennifer England, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) and Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by subjecting Jeannette England and similarly situated individuals, including Jennifer England, to a sexually hostile work environment. Specifically, the Defendant subjected Jeannette England and similarly situated individuals, including Jennifer England, to a sexually hostile work environment in which they were frequently subjected to sexually explicit remarks, unwelcome conduct and comments and a work atmosphere permeated with sexually
Page -2-

Case 9:05-cv-00193-RHC Document 21 Filed 05/08/2006 Page 3 of 6
offensive behavior. 8. The result of the foregoing practices has been to deprive Jeannette England and
similarly situated individuals, including Jennifer England, of equal employment opportunities because of their sex.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Jeannette England and similarly situated individuals, including Jennifer England.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, agents, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex, or which facilitates, condones or encourages sexual harassment; B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for females, and which eradicate the effects of its past and present unlawful employment practices; C. Order the Defendant to make whole Jeannette England and similarly situated individuals, including Jennifer England, by providing them with affirmative relief necessary to eradicate the effects of its unlawful employment practices; D. Order the Defendant to make whole Jeannette England and similarly situated
Page -3-

Case 9:05-cv-00193-RHC Document 21 Filed 05/08/2006 Page 4 of 6
individuals, including Jennifer England, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to out of pocket medical expenses and job hunting expenses;
E. Order the Defendant to make whole Jeannette England and similarly situated individuals, including Jennifer England, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described 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;
F. Order the Defendant to pay Jeannette England and similarly situated individuals, including Jennifer England, punitive or exemplary damages for its intentional, malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
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 its Complaint.
Respectfully submitted, JAMES S. LEE Deputy General Counsel GWENDOLYN Y. REAMS Associate General Counsel
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Case 9:05-cv-00193-RHC Document 21 Filed 05/08/2006 Page 5 of 6
ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782 ROBERT B. HARWIN Associate Regional Attorney District of Columbia Bar No. 076083 JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300 Federal ID No. 14850
/s/ DAVID RIVELA Trial Attorney Texas State Bar No. 00797324 Federal ID No. 32914 Attorney-In-Charge EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 5410 Fredericksburg Rd. Suite 200 San Antonio, TX. 78229 Telephone: (210)281-7619 Telecopier: (210)281-7669 ATTORNEYS FOR PLAINTIFF
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Case 9:05-cv-00193-RHC Document 21 Filed 05/08/2006 Page 6 of 6

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing document has been served on counsel of record has been delivered, as designated below, on this the 8th day of May, 2006.

Alex Arthur Castetter STUCKEY GARRIGAN & CASTETTER 2803 North Street PO Box 631902 Nacogdoches, Texas 75963-1902

G Hand Delivery X Facsimile Transmission at (936) 560-9578 X Certified Mail, Return Receipt Requested G U.S. First Class Mail, Postage Prepaid

Paul Allen Robbins ROBBINS & VIER LLP P.O. Box 487 104 W. Lufkin Ave. Lufkin, Texas 75901

G Hand Delivery X Facsimile Transmission at (936) 560-9578 X Certified Mail, Return Receipt Requested G U.S. First Class Mail, Postage Prepaid

David Joseph Guillory DAVID J. GUILLORY & ASSOCIATES 510 Ochiltree Nacogdoches, Texas 75961

G Hand Delivery X Facsimile Transmission at (936) 560-9578 X Certified Mail, Return Receipt Requested G U.S. First Class Mail, Postage Prepaid

/s/ DAVID RIVELA

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 Case 9:05-cv-00193-RHC

Document 36

Filed 08/29/2006

Page 1 of 9
F I LED
U.S. DISTrllC'j COURT
EASTERN D!S',-RICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

'AUG 29 2006
DAVID J. MALAND, CLERK

DEPUTY_ _ _ _ _ __

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

and

§

§

JANETTE ENGLAND,

§

§

Plaintiff-Intervenor,

§

§ Civil Action No. 9:05CV193

v.

§

§

HORSETRADERS, INC. D/B/A

§

BULLFROGS RESTAURANT, and

§

RICKY MILLER,

§

§

Defendants.

§

CONSENT DECREE The parties to this Consent Decree are the Plaintiff. United States Equal Employment Opportunity Commission ("EEOC"), Plaintiff-Intervenor Janette England ("Intervenor"), and Defendants Horsetraders, Inc. d/b/a Bullfrogs Restaurant and Ricky Miller (hereinafter the Defendants will be collectively referred to as "Horsetraders"). This Consent Decree resolves the allegations raised by the EEOC in the above-referenced Civil Action No. 9:05CVI93. The EEOC initiated this lawsuit under Title VII ofthe Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of sex, female, and retaliation, and to provide appropriate relief to Janette England and Jennifer England who were allegedly adversely affected by such practices. Janette England intervened in the lawsuit. The EEOC alleged that Horsetraders engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.c. § 2000e-2(a)(1) and Section 704(a) of Title

Case 9:05-cv-00193-RHC Document 36 Filed 08/29/2006 Page 2 of 9

VII, 42 U.s.c. § 2000e-3(a) by subjecting Janette England and similarly situated individuals, including Jennifer England, to a sexually hostile work environment in which they were frequently subjected to sexually explicit remarks, unwelcome conduct and comments and a work atmosphere permeated with sexually offensive behavior. In addition, Plaintiff-Intervenor's Original Complaint alleged that Defendant violated Title VII, 42 U.S.c. § 2000 by discriminating against the Intervenor and others with regard to terms conditions and privileges of employment, and by engaging in sexual harassment, sex discrimination, retaliation, and constructive discharge. Intervenor also alleged that Horsetraders' actions against the Intervenor constituted Texas law torts of assault and battery, and intentional infliction of emotional distress.
The EEOC, Intervenor, and Horsetraders wish to settle this action, without the risks, uncertainties and expenses of continued litigation, under the terms in this Decree. Horsetraders asserts that by entering into this Consent Decree it makes no admission of liability or wrongdoing and makes no admission that its alleged conduct was improper, discriminatory or illegal in any respect.
IT IS ORDERED, ADJUDGED AND DECREED as follows: I. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing of this action have been met. The parties stipulate to the Court's jurisdiction. 2. This Consent Decree resolves all issues raised in the EEOC's Complaint and Plaintiff-Intervenor's Original Complaint. The EEOC and Intervenor waive further litigation of all issues raised in the above-referenced complaints. The EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Horsetraders.

Consent Decree

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3. The duration of this Consent Decree shall be three (3) years from the date of its

filing with the Court. This Court shall retain jurisdiction of this action during the period of this

Decree and may enter such other and further relief as it deems appropriate to ensure

implementation and enforcement of its provisions. Any violation of the Consent Decree by

Horsetraders, its agents or assigns shall toll the running of this three-year period as of the date of

the violation. If the Court subsequently determines this Consent Decree was violated, the three-

year period shall recommence and continue from the date of entry of an Order setting out such a

violation or until such time as ordered by the Court. Should the Court find the Consent Decree

was not violated, the three-year period shall recommence, retroactive to the date the alleged

violation occurred.

4.

Horsetraders is hereby enjoined from:

(a) Discriminating against any employees on the basis of sex, female, III violation of Title VII;

(b) Engaging in or being a party to any action, policy or practice that has the effect of harassing or intimidating any employee on the basis of sex;

(c) Creating, facilitating or permitting the existence of a work environment that is hostile to any employees through acts such as physical/verbal abuse and derogatory comments, on the basis of sex; and

(d) Retaliating in any manner whatsoever against any employee for opposing any employment practice made unlawful by Title VII, or for complaining of harassment or other unlawful discrimination, filing a discrimination charge, giving testimony or assistance, or participating in any lawful manner in any investigation, proceeding, hearing or action under Title VII.

5. Within one hundred and twenty (120) days from the entry of this Decree,

Horsetraders will adopt an anti-sexual harassment policy and ensure that it meets the following

criteria:

(a) Prohibits discrimination against employees on the basis of sex, female, in violation of Title VII; and prohibits any act, policy or practice that has the

Consent Decree

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Case 9:05-cv-00193-RHC Document 36 Filed 08/29/2006 Page 4 of 9

effect of harassing or intimidating any employee on the basis of sex, female, in violation of Title VII;
(b) Defines and provides examples of sexual harassment;
(c) Provides for simple, convenient, confidential, and reliable mechanisms for reporting incidents of sexual harassment;
(d) Provides for prompt investigation of sexual harassment complaints and for prompt, appropriate, and effective action to remedy the discrimination;
(e) Provides assurances that complainants shall not be subjected to intimidation, retaliation, or harassment;
(f) Provides for substantial and progressive discipline for violating Horsetraders' anti-sexual harassment policy up to and including discharge; and
(g) Requires that all employees report incidents of sexual harassment to any supervisor or the person charged with investigating discrimination complaints.
6. Horsetraders shall notify all of its current employees of its sexual harassment
policy within one hundred and twenty (120) days after the entry of this Consent Decree by
amending its employee handbook to include this policy, and by providing each of its current
employees with a copy of this policy.
7. For each year of the Consent Decree, Horsetraders will provide training to all of
its employees on Title VII according to the following terms:
(a) Horsetraders shall retain David J. Guillory of DAVID 1. GUILLORY & ASSOCIATES, or another attorney specializing in employment law, acceptable to the EEOC, to provide no less than three (3) hours of training during the first year of this Consent Decree, on the provisions of Title VII, including sexual harassment, hostile work environment and retaliation;
(b) Horsetraders shall provide the initial training session in accordance with this Paragraph within one hundred and twenty (120) calendar days of the entry ofthis Decree; and
(c) For each subsequent year of the Consent Decree, one (1) hour of Title VII training will be provided to all Horsetraders employees.

Consent Decree

4

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8. Horsetraders shall certify annually to EEOC, in writing, to the attention of Robert B. Harwin, Associate Regional Attorney, San Antonio Field Office, United States Equal Employment Opportunity Commission, that the training has taken place and that required personnel attended. Such certification shall include:
(a) The date, location and duration of the training; and (b) A copy of the registry of attendance which shall include the name and
position or title of each person in attendance. 9. Within fifteen (15) business days after entry of this Consent Decree, Horsetraders shall post a copy of the Notice attached as Exhibit "A" to this Consent Decree at its Nacogdoches, Texas, facility in a conspicuous location easily accessible to and commonly frequented by employees. The Notice shall remain posted for the duration of this Consent Decree. Horsetraders shall ensure that the posting is not altered, defaced or covered by any other material. Horsetraders shall certify to the EEOC in writing within thirty (30) business days after entry of the Consent Decree that the Notice has been properly posted. Horsetraders shall permit a representative of EEOC to enter Horsetraders premises for the purpose of verifying compliance with this Paragraph at any time during normal daytime business hours. 10. Horsetraders, in settlement of this dispute, shall pay the sum total of Forty-Nine Thousand Dollars ($49,000.00). Payment shall be distributed as follows:
(a) $42,000.00 to Janette England. No later than thirty (30) days from entry of the Consent Decree, Horsetraders shall make its first payment of $8,571.42. The balance of $33,428.58 shall be paid no later than ninety (90) days from entry of the Consent Decree. Payment, in the form of a check made out to Janette England and STUCKEY, GARRIGAN &

Consent Decree

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Case 9:05-cv-00193-RHC Document 36 Filed 08/29/2006 Page 6 of 9

CASTETTER LAW OFFICES, shall be mailed directly to Ms. England's attorney, Alex A. Castetter, STUCKEY GARRIGAN & CASTETTER, 2803 North Street, P.O. Box 631902, Nacogdoches, Texas 75963; and (b) $7,000.00 to Jennifer England. No later than thirty (30) days from entry of the Consent Dccree, Horsetraders shall make its first payment of $1,428.58. The balance of $5,571.42 shall be paid no later than ninety (90) days from entry of the Consent Decree. Payment, in the form of a check made out to Jennifer England, shall be mailed directly to Jennifer England at Stephen F. Austin State University, Box 15436, Nacogdoches, Texas 75962. II. A copy of the settlement checks, and any accompanying transmittal documents, shall be forwarded to Robert B. Harwin, Associate Regional Attorney, San Antonio Field Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229. 12. The terms of this Consent Decree shall be binding upon the EEOC, Janette England and Horsetraders, its agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein. 13. When this Consent Decree reqUIres the submission of documents or other materials to EEOC by Horsetraders, such documents or other materials shall be mailed to Robert B. Harwin, Associate Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229. 14. Horsetraders shall bear all costs associated with implementing the provisions of this Consent Decree.

Consent Decree

6

Case 9:05-cv-00193-RHC Document 36 Filed 08/29/2006 Page 7 of 9

15. Except as provided herein, the parties to this Consent Decree shall bear all their

own costs and attorney's fees. Furthermore, the parties agree that pursuant to Section 706(k) of

Title VII, 42 V.S.c. § 2000e-5(k), there is no "prevailing party" in this action or proceeding.

SOORDEREDANDENTEREDthisZ8";L dayof If"'r~' /r

,2006.

RON CLARK UNITED STATES DISTRICT JUDGE
Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782

ROBERT B. HARWIN Associate Regional Attorney District of Columbia Bar No. 076083

JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300

Consent Decree

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Case 9:05-cv-00193-RHC Document 36 Filed 08/29/2006 Page 8 of 9

/s/ with permission by David Rivela DAVID J. GUILLORY Lead Attorney Texas State Bar No. 08596400 davidg(iilguillorylaw.com
DAVID J. GUILLORY & ASSOCIATES 510 Ochiltree Street Nacogdoches, Texas 75961 Telephone: (936) 599-9600 Facsimile: (936) 715-9339
PAUL ROBBINS Texas State Bar No. 24002849 Texas State Bar No. 24002849 parobbins«(i)consolidatcd.net
THE LAW OFFICES OF PAUL L. ROBBINS 116 E. Lufkin Avenue Lufkin, Texas 75902 Telephone: (936) 637-0800 Facsimile: (936) 637-1172
ATTORNEYS FOR DEFENDANTS

DAVID RIVELA Lead Attorney Texas State Bar No. 00797324 David.Rivela(cveeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7619 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF EEOC
/s/ with permission by David Rivela ALEX A. CASTETTER Lead Attorney Texas State Bar No. 00783808 aacstugar(?1;cox-intcrnct.com
STUCKEY, GARRIGAN & CASTETTER 2803 C North Street P.O. Box 631902 Nacogdoches, Texas 75963-1902 Telephone: (936) 560-6020 Facsimile: (936) 560-9578
ATTORNEY FOR PLAINTIFF-INTERVENOR

Consent Decree

8

Case 9:05-cv-00193-RHC Document 36 Filed 08/29/2006 Page 9 of 9
EXHIBIT A
NOTICE AS REOUIRED UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
1. This NOTICE to all employees of IIorsetraders, Inc. is being posted as part of an agreement between Horsetraders, Inc. and the U.S. Equal Employment Opportunity Commission.
2. Federal law requires that there be no discrimination against any employee or applicant for employment because of that person's race, color, religion, sex, national origin, or age with respect to hiring, compensation, promotion, discharge, or other terms, conditions or privileges of employment.
3. Horsetraders, Inc. strongly supports and will comply with such Federal law in all aspects and it will not take any action against employees because they have exercised their rights under the law by filing charges with the U.S. Equal Employment Opportunity Commission.
4. If you believe you are being discriminated against in any term or condition of your employment because of your race, religion, color, national origin, sex, or disability, or that you are being subjected to harassment because of your sex or because of having engaged in Title VII-protected activity, you are encouraged to seek assistance from supervisory personnel, or from the U.S. Equal Employment Opportunity Commission, 207 S. Houston, Third Floor, Dallas, Texas 75202, (214) 253-2742 or 1-800-669-4000.
5. Horsetraders, Inc. will not discriminate against any employee for opposing discrimination based on sex including, but not limited to, sexual harassment or for filing or participating in a charge of employment discrimination.
6. No retaliatory action may be taken against you for seeking assistance, filing a charge, or communicating with the U.S. Equal Employment Opportunity Commission.
7. Basing employment actions on the gender of an employee may also constitute a violation of Title VII of the Civil Rights Act of 1964, as amended, and any such conduct is a violation of company policy. Any employee found to be in violation of this company policy will be subject to written reprimand, suspension, andlor discharge.

Conseni Decree

9

 
 Case 9:05-cv-00193-RHC Document 37 Filed 08/29/2006 Page 1 of 2

F I LED
U.S. DISTRICT COURT EASTERN DI5'iRICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

AUG 292006
DAVID J. MALAND, CLERK

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

and

§

§

JANETTE ENGLAND,

§

§

Plaintiff-Intervenor,

§

§

v.

§

§

HORSETRADERS, INC. D/B/A

§

BULLFROGS RESTAURANT, and

§

RICKY MILLER,

§

§

Defendants.

§

DEPUTY_ _ _ _ _ __
Civil Action No. 9:05CV193

FINAL JUDGMENT AND ORDER ENTERING CONSENT DECREE

On this day came on to be heard the Joint Motion to Enter Consent Decree submitted by

Plaintiff EEOC, Intervenor Janette England, and Defendants Horsetraders, Inc. and Ricky Miller.

After reviewing the Consent Decree, the Court finds the following:

1. Plaintiff EEOC, Intervenor Janette England, and Defendants Horsetraders, Inc. and
(
Ricky Miller have settled all claims and/or causes of action asserted by and/or on behalf of Plaintiff

and Intervenor in this Civil Action as evidenced by their signature on the Consent Decree before this

Court; and

2. This Consent Decree between the EEOC, Janette England, and Defendants

Horsetraders, Inc. and Ricky Miller should be entered.

It is therefore ORDERED, ADJUDGED, and DECREED that:

1. The Consent Decree is hereby entered, and the Court shall retain jurisdiction to

enforce the terms and conditions as set forth in the Consent Decree;

Case 9:05-cv-00193-RHC Document 37 Filed 08/29/2006 Page 2 of 2
2. Horsetraders, Inc. will bear all cost associated with implementing the provisions of this Consent Decree; and
3. The EEOC, Intervenor Janette England, and Defendant Horsetraders, Inc. and Ricky Miller shall bear their own costs and attorney's fees incurred in this action. Pursuant to Section 706(k) of Title VII, 42 U.S.C. section 2000e-5(k), there is no "prevailing party" in this action or proceeding.
Signed this 2tJt.day of----'/l'-'---';~f_/-"-"'=--,-'-1_ ,--- _ _., 2006.
RON CLARK UNITED STATES DISTRICT JUDGE

 
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U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Lufkin) CIVIL DOCKET FOR CASE #: 9:05-cv-00193-RHC

CLOSED

Equal Employment Opportunity Commission v. Horsetraders Inc Date Filed: 09/30/2005

Assigned to: Judge Ron Clark

Jury Demand: None

Cause: 42:2003 Job Discrimination

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: Federal Question

Plaintiff
Equal Employment Opportunity Commission

represented by David C Rivela Equal Employment Opportunity Commission - (San Antonio) 5410 Fredericksburg Rd, Ste 200 San Antonio, TX 78229 210-281-7619 Fax: 210-281-7669 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Suzanne Elizabeth Anderson EEOC 207 South Houston Street Dallas, TX 75202 214/253-2740 Fax: 214/655-3331 Email: suzanne.anderson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

William C Backhaus Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/655-3335 Fax: 12146553331 Email: william.backhaus@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Intervenor Plaintiff

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Janette England
V. Defendant Horsetraders Inc doing business as Bullfrogs Restaurant
Defendant Ricky Miller

represented by Alex Arthur Castetter Stuckey Garrigan & Castetter 2803 North Street PO Box 631902 Nacogdoches, TX 75963-1902 936-560-6020 Fax: 19365609578 Email: alex@sgclaw.org ATTORNEY TO BE NOTICED
represented by David Joseph Guillory David J Guillory & Associates 510 Ochiltree Nacogdoches, TX 75961 936/559-9600 Fax: 19367159339 Email: davidg@guillorylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Allen Robbins Robbins & Vier, LLP P.O. Box 487 104 W. Lufkin Ave. Lufkin, TX 75901 US 936/637-7377 Fax: 19366391274 Email: parobbins@consolidated.net ATTORNEY TO BE NOTICED
represented by Paul Allen Robbins (See above for address) ATTORNEY TO BE NOTICED

Date Filed
09/30/2005 09/30/2005 09/30/2005

#

Docket Text

1 COMPLAINT against Horsetraders Inc (Title VII--EEOC) , filed by Equal Employment Opportunity Commission.(djh, ) (Entered: 09/30/2005)
Filing fee waived --government entity (djh, ) (Entered: 09/30/2005)
Summons Issued as to Richard Miller and mailed back to atty for service. (djh, ) (Entered: 09/30/2005)

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09/30/2005 10/12/2005 11/08/2005 11/09/2005 11/17/2005
11/17/2005 11/18/2005 11/23/2005
11/23/2005 11/28/2005 12/02/2005 12/09/2005
01/03/2006 01/06/2006
01/06/2006 01/11/2006 02/07/2006

2 Magistrate Consent Form E-Mailed to Equal Employment Opportunity Commission atty of record (djh, ) (Entered: 09/30/2005)
3 MOTION to Intervene by Janette England. (Attachments: # 1 Supplement # 2 Text of Proposed Order)(Castetter, Alex) (Entered: 10/12/2005)
4 Original ANSWER to Complaint by Horsetraders Inc.(Guillory, David) (Entered: 11/08/2005)
Magistrate Consent Form Mailed to Horsetraders Inc (kjr, ) (Entered: 11/09/2005)
5 RESPONSE to Motion re 3 MOTION to Intervene filed by Horsetraders Inc. (Attachments: # 1 Text of Proposed Order)(Guillory, David) (Entered: 11/17/2005)
6 ORDER governing proceedings. Signed by Judge Ron Clark on 11/17/05. (djh, ) (Entered: 11/18/2005)
7 REPLY to Response to Motion re 3 MOTION to Intervene filed by Janette England. (Castetter, Alex) (Entered: 11/18/2005)
8 ORDER granting 3 Motion to Intervene and Janette England's is allowed to file her plaintiff-intervener original complaint . Signed by Judge Ron Clark on 11/23/05. (djh, ) (Entered: 11/23/2005)
9 Intervenor COMPLAINT , filed by Janette England (and adding Ricky Miller as additional defendant).(kjr, ) (Entered: 11/28/2005)
Magistrate Consent Form emailed to Janette England (kjr, ) (Entered: 11/28/2005)
10 Intervenor COMPLAINT, filed by Janette England.(Castetter, Alex) (Entered: 12/02/2005)
11 NOTICE of Attorney Appearance by William C Backhaus on behalf of Equal Employment Opportunity Commission (Backhaus, William) (Entered: 12/09/2005)
12 NOTICE of Attorney Appearance by Paul Allen Robbins on behalf of Ricky Miller, Horsetraders Inc (Robbins, Paul) (Entered: 01/03/2006)
13 NOTICE of Disclosure by Equal Employment Opportunity Commission Pursuant to Federal Rule of Civil Procedure 26(a)(1) (Backhaus, William) (Entered: 01/06/2006)
14 NOTICE of Disclosure by Janette England (Castetter, Alex) (Entered: 01/06/2006)
15 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order)(Castetter, Alex) (Entered: 01/11/2006)
16 SCHEDULING ORDER setting case specific deadlines, including docket call and final pretrial at 1:30 pm on 9/5/06 and jury selection at 9:00 am on 9/12/06. The case management conference set for 2/13/06 is cancelled. Signed by Judge Ron Clark on 2/7/06. (kjr, ) (Entered: 02/07/2006)

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03/06/2006 03/27/2006 03/27/2006 03/27/2006 05/08/2006 06/22/2006 06/28/2006
07/05/2006 07/20/2006
07/21/2006 07/25/2006 07/27/2006 07/31/2006 08/01/2006 08/01/2006

17 APPLICATION to Appear Pro Hac Vice by Attorney David C Rivela for Equal Employment Opportunity Commission. (Approved) (kjr, ) (Entered: 03/06/2006)
18 NOTICE of Attorney Appearance by David C Rivela on behalf of Equal Employment Opportunity Commission (Rivela, David) (Entered: 03/27/2006)
19 First MOTION to Amend/Correct Scheduling Order by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order proposed order)(Rivela, David) (Entered: 03/27/2006)
20 ORDER granting 19 Motion to enlarge deadline to conduct mediation to August 2006. The suggestion of mediation by 3/27/06 is deleted from the scheduling order. Signed by Judge Ron Clark on 3/27/06. (kjr, ) (Entered: 03/28/2006)
21 AMENDED COMPLAINT (First) against Horsetraders Inc, filed by Equal Employment Opportunity Commission.(Rivela, David) (Entered: 05/08/2006)
22 Consent MOTION for Extension of Time to Complete Discovery by Horsetraders Inc. (Attachments: # 1 Text of Proposed Order)(Guillory, David) (Entered: 06/22/2006)
23 ORDER that by July 24, 2006, at 4:00 p.m., the parties shall each submit directly to the Court an estimate of the time that party needs to complete the presentation of testimony in this case. The required statements should not be filed with the clerk, but should be submitted only to the court. Signed by Judge Ron Clark on 6/28/06. (kjr, ) (Entered: 06/28/2006)
24 NOTICE of Disclosure by Janette England (Castetter, Alex) (Entered: 07/05/2006)
25 ORDER SCHEDILING MEDIATION CONFERENCEMediation Conference set for 8/4/200610:00 AM in Ctrm 403 (Texarkana) before Magistrate Judge Caroline Craven. Signed by Judge Caroline Craven on 7/20/06. (mpv, ) (Entered: 07/20/2006)
26 Witness List by Equal Employment Opportunity Commission. (djh, ) (Entered: 07/21/2006)
27 ORDER granting 22 Motion for Extension of Time to Complete Discovery until 8/30/06. Signed by Judge Ron Clark on 7/25/06. (kjr, ) (Entered: 07/25/2006)
28 NOTICE of Disclosure by Janette England (Castetter, Alex) (Entered: 07/27/2006)
29 NOTICE by Janette England Plaintiff-Intervenor's Notice Of Intent To Offer Certified Records (Castetter, Alex) (Entered: 07/31/2006)
30 NOTICE by Equal Employment Opportunity Commission of Intent to Offer Certified Records (Rivela, David) (Entered: 08/01/2006)
31 ORDER ON LIMITATIONS OF TRIAL TIME. The court allocates 7 hours to plaintiff, 3.5 hours to plaintiff-intervenor and 9 hours to the defendant, in which to present their respective cases, including direct examination, redirect, cross and re-cross of all witnesses, but excluding time related to jury selection and opening and closing. Signed by Judge Ron Clark on 8/1/06. (kjr, ) (Entered: 08/02/2006)

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08/03/2006
08/08/2006 08/09/2006 08/24/2006 08/29/2006 08/29/2006

32 AMENDED ORDER ON LIMITATIONS OF TRIAL TIME. The court now allocates 7 hours to plaintiff, 3.5 hours to plaintiff-intervenor and 9 hours to the defendant, in which to present their respective cases, including direct examination, redirect, cross and re-cross of all witnesses, but excluding time related to jury selection and opening and closing. Signed by Judge Ron Clark on 8/3/06. (kjr, ) (Entered: 08/07/2006)
34 ORDER ON CLOSING DOCUMENTS. All parties or their counsel shall submit to the court all papers necessary for the closing of this case and its removal from the active docket of this court on or before September 15, 2006. Signed by Judge Ron Clark on 8/8/06. (kjr, ) (Entered: 08/09/2006)
33 REPORT of Mediation Mediation result: Settled(mpv, ) (Entered: 08/09/2006)
35 MOTION for Settlement by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree# 2 Text of Proposed Order Final Judgment and Order Entering Consent Decree)(Rivela, David) (Entered: 08/24/2006)
36 CONSENT DECREE setting forth terms of injunction and settlement of case. Signed by Judge Ron Clark on 8/28/06. (kjr, ) (Entered: 08/30/2006)
37 FINAL JUDGMENT AND ORDER ENTERING CONSENT DECREE. Horsetraders, Inc. will bear all costs associated with implementing the provisions of the consent decree. The EEOC, Intervenor Janette England, and Defendant Horsetraders, Inc. and Ricky Miller shall bear their own costs and attorney's fees. Signed by Judge Ron Clark on 8/28/06. (kjr, ) (Entered: 08/30/2006)

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