FILED

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

JUL 07 2003

AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

CLERK, U.S. DISTRICT COURT

WESTERN DI~CT OF TEXAS

BY

.

DEPUTY CLERK

§

Plaintiff,

§

§ Civil Action No.

v.

§

§ COMPLAINT &

INVESTAMERICA MANAGEMENT,

§

INC.,

§ JURY TRIAL DEMAND

Defendant.

§ §

A03CA 457AD~

§

NATURE OF ACTION
This is an action under Title vn 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 race, and to

provide appropriate relief to Janice Campbell, who was adversely affected by such practices. The

Equal Employment Opportunity Commission (the "Commission") alleges that Janice Campbell was

discharged by Invest America Management, Inc. because of her race, Black.

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 Sections 706(f)(1) and (3) of Title vn

of the Civil Rights Act of 1964, as amended, 42 U.S.c. §2000e-5(f)(1) and (3)("Title VII"). This

action is also authorized and instituted pursuant to Section 102 of Title I of the Civil Rights Act of

1991,42 U.S.C. §1981a.

2. The employment practice alleged to be unlawful was committed within the

jurisdiction of the United States District Court for the Western District of Texas, Austin Division.

Plaintiffs Original Complaint

I

Page 1

PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VIT, and is expressly authorized to bring this action by Sections 706(f)(l) and (3) of Title VIT, 42 U.S.c. §2000e-5(f)(1) and (3). 4. At all relevant times, Defendant Invest America Management, Inc. has continuously been a Texas corporation doing business in the State of Texas and the Cities of San Antonio and Austin, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant Invest America Management, Inc. has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g), and (h) of Title VIT, 42 U.S.C. §§2000e-(b), (g), and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Janice Campbell filed a charge with the Commission alleging violations of Title VIT by Defendant Invest America Management, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about November 6,2002, Defendant Invest America Management, Inc. engaged in an unlawful employment practice at its location in San Antonio, Texas, in violation of Section 703(a)(1) of Title VIT, 42 U.S.C. §2000e-2(a)(1). The unlawful practice was discharging Janice Campbell because of her race, Black. 8. The effect of the practice complained of in paragraph seven above has been to deprive Janice Campbell of equal employment opportunities and to otherwise adversely affect her status as an employee, because of her race. 9. The unlawful employment practice complained of in paragraph seven above was

Plaintiff s Original Complaint

Page 2

intentional. 10. The unlawful employment practice complained of in paragraph seven above was done
with malice or with reckless indifference to the federally protected rights of Janice Campbell. PRA YER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enj oining Defendant Invest America Management, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in conduct which discriminates on the basis of race, including discharging any employee because of his or her race and from engaging in any other employment practice which discriminates on the basis of race; B. Order Defendant Invest America Management, Inc. to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant Invest America Management, Inc. to make whole Janice Campbell, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to reinstatement of Janice Campbell or front pay in lieu thereof; D. Order Defendant Invest America Management, Inc. to make whole Janice Campbell, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practice described in paragraph seven above, including but not limited to, job search expenses, relocation expenses, medical expenses and/or insurance expenses, in an amount to be determined at trial;

Plaintiff s Original Complaint

Page 3

E. Order Defendant Invest America Management, Inc. to make whole Janice Campbell, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practice complained of in paragraph seven above, including, but not limited to, emotional pain, suffering, stress, humiliation, loss of credit, inconvenience and loss of enjoyment of life, in an amount to be determined at trial;
F. Order Defendant Invest America Management, Inc. to pay Janice Campbell punitive damages for its malicious and reckless conduct described in paragraph seven 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 of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

Plaintiffs Original Complaint

ROBERT B. HARWIN Regional Attorney District of Columbia State Bar No. 076083
Page 4

REZ Supervisory rial Attorney Texas State Bar No. 08642750
EQUALENWLOYMENTOPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Road, Suite 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7637 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff s Original Complaint

PageS

 
 RECEIVEr

OCT 3 - 2 3

CLERK, U.S. "'1 lei c~AmrED STATES DISTRICT COURT

WESTERN D 1 T EOR,THE WESTERN DISTRICT OF TEXAS

BY

AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
JANICE L. CAMPBELL Plaintiff-Intervener
V.
INVEST AMERICA MANAGEMENT, INC. Defendant.

§ § § § § § § § CIVIL ACTION NO. A-03-CA-04S7 § §

PLAINTIFF-INTERVENER JANICE L. CAMPBELL'S ORIGINAL COMPLAINT Comes now Plaintiff-Intervener, Janice L. Campbell, by and through counsel, and in support
ofher claims against the Defendant Invest America Management, Inc., respectfully states: NATURE OF 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 race, and to provide appropriate reliefto Janice L. Campbell who was adversely affected by such practices. The Equal Employment Opportunity Commission("EEOC" or "the Commission") and Janice L. Campbell allege Campbell was subjected to unlawful discrimination when she was terminated from her job with Defendant, Invest America Management, Inc. (hereinafter "Invest America") based on her race, Black.
This action is also brought against Defendant Invest America to redress pendant state law claims by Plaintiff-Intervener that arose from the unlawful discrimination and termination. Specifically, Plaintiff-Intervener alleges that she was terminated in retaliation for refusing to perform an illegal act.

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.c. §§451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuantto Sections 706(f)(1) and (3) ofTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5(f)(1) and (3) ("Title VII") and Section 102 ofthe Civil Rights Act of 1991,42 U.S.C. §1981a. 2. The employment practices alleged to be unlawful were and are now being committed within the jurisdiction ofthe United States District Court for the Western District ofTexas, Austin Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission, is the agency of the United States ofAmerica charged with the administration, interpretation, and enforcement ofTitle VII, and is expressly authorized to bring this action by 706(f)(1) of Title VII, 42 U.S.c. §2000e-5(f)(1) and
(3).
4. Plaintiff-Intervener, Janice 1. Campbell(hereinafter "Campbell") is aformer employee of Defendant Invest America, and is currently a resident of San Antonio, Bexar County, Texas.
5. At all relevant times, Defendant, Invest America, is a corporation registered to do business in the State ofTexas, and has continuously been doing business in the State ofTexas in the cities ofAustin and San Antonio, Texas and has continuously had at least fifteen employees, and may be served with process by serving its registered agent Paul Jacobsen, 2728 Welborn #222, Dallas, Texas, 75219. At all relevant times, the Defendant, Invest America, has continuously been an employer engaged in an industry affecting commerce within the meaning ofSection 701 (b), (g), and (h) of Title VII, 42 U.S.C. §§2000e-(b), (g), and (h).
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STATEMENT OF CLAIMS 6. More than thirty days prior to the institution ofthis lawsuit, Janice L. Campbell filed a charge with the Commission alleging violations of Title VII by Defendant, Invest America. All conditions precedent to the institution ofthis lawsuit have been fulfilled. 7. Since at least on or about November 6,2002, the Defendant, Invest America, has engaged in unlawful employment practices at its location in San Antonio, Texas, in violation of Section 703(a)(1 ) ofTitle VII, 42 U.S.C. §§ 2000e(k) and 2000e-2(a). The unlawful practices were discharging Janice L. Campbell based on her race, Black. S. The effect ofthe practices complained ofin paragraph seven above has beento deprive Janice L. Campbell of equal employment opportunities and to otherwise adversely affect her status as an employee, because ofher race, Black. 9. The unlawful employment practices complained ofin paragraph seven were and are intentional. 10. The unlawful employment practices complained ofin paragraph seven above were and are being done with malice or reckless indifference to the federally protected rights of Janice L. Campbell.
PENDANT STATE LAW CLAIMS 11. On November 6, 2002, Paul Jacobsen, owner ofInvest America, directed PlaintiffIntervener to give him the names of San Antonio Housing Authority officials that were responsible for making decisions on where to send "Section SIt housing residents. Ms. Campbell gave him the names ofthe officials and then Jacobsen directed her to bribe those same officials at the San Antonio Housing Authority in order to have those officials send Invest America Section 8 housing residents.
3

Ms. Campbell refused and Jacobsen said, "Nigger, that is not good enough, you're not doing your job, get up and leave." Jacobsen fired Ms. Campbell for refusing to bribe the San Antonio Housing Authority officials in order get the Section 8 housing business.
12. Texas Penal Code Section 36.02 prohibits the bribing of public officials. The San Antonio Housing Authority is a public entity under Sections 392.011 and 392.006 ofthe Texas Local Government Code, and as a result, its officials are covered under Section 36.02 ofthe Texas Penal Code. Therefore, an attempt to bribe such officials would be considered a criminal or illegal act.
13. One ofthe exceptions to the employment-at-will doctrine is termination in retaliation for refusing to commit an illegal act. Sabine Pi/ot Services, Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). This is one ofthe narrowly carved exceptions by the Texas Supreme Court and is the only exception, other than contractual exceptions, not covered by Texas statutes. Id. The actions by Paul Jacobsen fall within the Sabine Pilot exceptions to the Texas employment-at-will doctrine. As a result, Plaintiff-Intervener is entitled to damages which may exceed the caps provided for by Title VII.
PRAYER FOR RELIEF Wherefore, the Plaintiff-Intervener respectfully requests that this Court; A. Order the Defendant, Invest America, to make whole Janice L. Campbell, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to the re-instatement of Janice L. Campbell in her former position as assistant manager; B. Order the Defendant, Invest America, to make who Ie Janice L. Campbell, by providing
4

compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph eight above, including, but not limited to, medical expenses and job search expenses, in amounts to be determined at trial;
C. Order the Defendant, Invest America, to make who Ie Janice L. Campbell, by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained ofin paragraph eight above, including, but not limited to, emotional pain, suffering, loss ofenjoyment oflife, and humiliation, in amounts to be determined at trial;
D. Order the Defendant, Invest America, to pay Janice L. Campbell punitive damages for its malicious and reckless conduct described in paragraph seven through thirteen above, in amounts to be determined at trial;
E. Grant such further relief as the Court deems necessary and proper; and F. Award the Plaintiff her costs in this action.
JURY TRIAL DEMAND Plaintiff requests a jury trial on all questions of fact raised by her Complaint.
Respectfully submitted, LAW OFFICE OF R. CHRIS PITTARD 909 N.E. Loop 410, Suite 300 San Antonio, Texas 78209 Tel: (210) 841-5628 Fax: (210) 821-5781
Texas State Bar No. 00794465 ATTORNEY FOR PLAINTIFF
5

CERTIFICATE OF SERVICE Pursuant to the Federal Rules ofProcedure, a true and correct copy ofthe foregoing PlaintiffIntervener's Original Complaint has been sent by regular mail, to the following attorney ofrecord for the Equal Employment Opportunity Commission, Linda Gutierrez, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas, 78229 and by certified mail, return receipt requested to Defendant's registered agent for service ofprocess Paul C. Jacobsen, 2728 Welborn #222, Dallas, Texas, 75219,
on the :LA( day of October, 2003.
R~~
6

 
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS -. j. AUSTIN DNISION

···cfi

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

§

PLAINTIFF, and

§

§

JANICE 1. CAMPBELL,

§

PLAINTIFF-INTERVENOR,

§

§

V.

§ CIVIL ACTION NO. A-03-CA-4S7-LY

§

INVESTAMERICA MANAGEMENT,

§

INC.,

§

§

DEFENDANT.

§

JUDGMENT

The Court on this date has entered an order granting Plaintiff s Motion for Default Judgment

against Defendant, InvestAmerica Managment, Inc. For the reasons set forth in the Order, the Court

renders the following judgment:

IT IS ORDERED as follows:

1. Defendant InvestAmerica Management, Inc., its agents, officers, successors, assigns,

and all persons in active concert or participation with it, from engaging in conduct which

discriminates on the basis ofrace, including discharging any employee because ofhis or her race and

from engaging in any other employment practice which discriminates on the basis of race.

2. Within 180 days of the date of entry of this Judgment, the supervisory/managerial

employees of Defendant InvestAmerica Management, Inc. will participate in mandatory EEO

training. The training may take place in separate programs and each supervisory/managerial

-
employee will participate in the training for a total of six (6) hours. The training shall: (a) explain that any policy or action that discriminates against employees because oftheir race is unlawful and will not be tolerated; (b) explain how to handle complaints ofrace discrimination, how to ensure that employees are not tenninated because of their race; (c) instruct what conduct may create or contribute to discriminatory practices against employees because of their race; (d) explain the damaging effects of discrimination on victims, their families, their co-workers, and the workplace environment. The Commission will receive a copy of the training presentation outline before the training session occurs. Within 20 days after the EEO training has been completed, Defendant, InvestAmerica Management, Inc. shall provide to the EEOC a written report identifying each individual who attended this training and the date(s).
3. Defendant, InvestAmerica Management, Inc. will post at its main office, and any branch offices, a notice ofits intent to comply with Title VII. This notice is set forth in Exhibit "A," which is attached to this Judgement. Defendant, InvestAmerica Management, Inc., will post a copy ofExhibit "A" in aconspicuous place at its facilities in San Antonio and Austin, Texas and any other branch facility within fourteen (14) days after this Judgment is entered.
4. Defendant, InvestAmerica Management, Inc., its agents, officers, successors, directors, assigns, employees, servants, and all persons in active concert or participation with it, shall pay to Janice Campbell, no later than thirty (30) days after this judgement is entered, the amount of $422,932.65 (FOUR HUNDRED TWENTY-TWO THOUSAND, NINE HUNDRED THIRTYTWO DOLLARS AND SIXTY-FNE CENTS), in certified funds or by cashiers's check. The check shall be mailed directly to Janice Campbell at P.O. Box 39399, San Antonio, Texas 78218. A copy of the check will be forwarded to the attention of Robert B. Harwin, Regional Attorney, 5410
2

-
Fredericksburg Road, Suite 200, San Antonio, Texas 78229. 5. Defendant, InvestAmerica Management, Inc., its agents, officers, successors,
directors, assigns, employees, servants, and all persons in active concert or participation with it, shall not disclose the filing of this Complaint or the underlying charge filed by Janice Campbell to any prospective employers who may inquire to Defendant InvestAmerica Management, Inc. about Janice Campbell's work history with Defendant InvestAmerica Management, Inc., unless Defendant InvestAmerica Management, Inc. is subpoenaed for the information or otherwise ordered to disclose the information by a Court of competent jurisdiction.
6. It is ORDERED that Plaintiff may monitor InvestAmerica Management, Inc.'s compliance with the terms and conditions of the Order by interviewing employees, examining and copying documents, and making inspections at any time of the facilities and working conditions of InvestAmerica Management, Inc., its agents, officers, employees, servants, successors, and assigns.
SO ORDERED. The Clerk shall furnish a copy of this order to Plaintiff s attorney of record, to Attorney for Plaintiff-Intervenor and to Defendant, InvestAmerica Management, Inc.
Dated this/Sit.. day of ~aa W '2~.~y
LE:EYeEf'~ L 4
J1NITED STATES DISTRICT JUDGE
3

EXHIBIT "A"

NOTICE TO ALL EMPLOYEES
INVEST AMERICA MANAGEMENT, INC. SUPPORTS FEDERAL LAW REQUIRING THERE BE NO DISCRIMINATION AGAINST ANY APPLICANT OR EMPLOYEE BECAUSE OF HIS OR HER RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE OR DISABILITY AND REAFFIRMS ITS COMMITMENT NOT TO DISCRIMINATE AGAINST ANY APPLICANT OR EMPLOYEE ON ANY TERM OR CONDITION OF EMPLOYMENT. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, INCLUDING HIRING OR REHIRING, RECRUITMENT, RETENTION, PROMOTION, TRANSFER, LAYOFF AND/OR TERMINATION, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
INVEST AMERICA MANAGEMENT, INC. WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE FOR OPPOSING EMPLOYMENT DISCRIMINATION OR FOR FILING OR PARTICIPATING IN A CHARGE OF EMPLOYMENT DISCRIMINATION.
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, AGE, OR DISABILITY, OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR RACE OR HAVING ENGAGED IN TITLE VIIPROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM APPROPRIATE SUPERVISORY PERSONNEL PURSUANT TO INVEST AMERICA MANAGEMENT, INC.'S POLICY REGARDING DISCRIMINATION OR TO CONTACT THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000.
NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL PAY ACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.

 
 • -

j

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS, ,-; .-;1 ;; '; ~:: ~:, 3

AUSTIN DIVISION

i, _ i.,', v

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
JANICE L. CAMPBELL Plaintiff-Intervener
V.
INVEST AMERICA MANAGEMENT, INC. Defendant.

§ §

'\:~l,
- .).

§

§

§

§

§

§ CIVIL ACTION NO. A-03-CA-04S7

§

§

JUDGMENT

The Court on this date has entered an order granting Plaintiff s Motion for Default Judgment

against Defendant, Invest America Management, Inc. For the reasons set forth in the Order, the

Court renders the following judgment:

IT IS ORDERED as follows:

1. Defendant, INVEST AMERICA MANAGEMENT, INC, its agents, officers,

successors, directors, assigns, employees, servants, and all persons in active concert or participation

with it, are permanently enjoined from its practice ofdiscriminating against any past, present or future

employee on the basis of their refusal to commit an unlawful act in accordance with the Texas

Supreme Court decision in Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985).

2. Defendant INVEST AMERICA MANAGEMENT, INC or its successors shall pay

to Janice Campbell, no later than thirty (30) days after this judgment is entered, the amount of

$1,500,000.0 (ONE MILLION AND FIVE HUNDRED THOUSAND DOLLARS AND 001100),

in certified funds or by cashiers's check. The check shall be mailed to Plaintiff-Intervener Janice

Campbell, in care of her attorney, R. Chris Pittard, 909 N.E. Loop 410, Suite 300, San Antonio,

Texas, 78209. A copy ofthe check will be forwarded to the attention ofRobert B. Harwin, Regional

Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

3. Defendant INVEST AMERICA MANAGEMENT, INC, its agents, officers,

successors, directors, assigns, employees, servants, and all persons in active concert or participation

with it, shall not disclose the filing ofthis Complaint filed by Janice Campbell, to any prospective

employers who may inquire to Defendant INVEST AMERICA MANAGEMENT, INC about Janice

Campbell's work history with Defendant INVEST AMERICA MANAGEMENT, INC, unless

Defendant INVEST AMERICA MANAGEMENT, INC is subpoenaed for the information or

otherwise ordered to disclose the information by a Court ofcompetent jurisdiction.

SO ORDERED.

The Clerk shall furnish a copy ofthis order to Plaintiff-Intervener's attorney ofrecord, to the

attorney ofrecord for PlaintiffEqual Employment Opportunity Commission, and to Defendant, Invest

America Management, Inc.

~

Dated this.l:rJL day of

,2004.

LEE'~ ~1ilf l~;f :-~',
YNITED STATES DISTRICT JUDGE

 
 CM/ECF LIVE - U.S. District Court:txwd - Docket Report

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?114469748593937-L_3...

U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:03-cv-00457-LY

CLOSED

Equal Employment Opp v. Investamerica Manage Assigned to: Judge Lee Yeakel Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 07/07/2003 Date Terminated: 12/15/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Linda Gutierrez E.E.O.C. 5410 Fredericksburg Rd. 200 Mockingbird Plaza II San Antonio, TX 78229 (210) 281-7637 Fax: 210/281-7669 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Investamerica Management, Inc.
Intervenor Plaintiff Janice Campbell

represented by R. Chris Pittard Davis Law Firm 5710 IH 10 West San Antonio, TX 78201 (210)734-3599 Fax: (210) 785-0806

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Email: chrisp@jeffdavislawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/07/2003 07/07/2003 07/09/2003 07/09/2003 08/22/2003 09/15/2003 10/02/2003 10/03/2003 11/04/2003
11/04/2003 11/25/2003 11/25/2003 11/26/2003 11/26/2003
12/15/2003 12/15/2003

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Docket Text

Case assigned to Judge Docket II (fe) (Entered: 07/09/2003)
1 Complaint filed. Filing Fee: $ waived (Pages: 5) (fe) Modified on 07/09/2003 (Entered: 07/09/2003)
Summons issued for Investamerica Manage (td) (Entered: 07/09/2003)
Court file forwarded to Judge Nowlin. (td) (Entered: 07/09/2003)
Case reassigned from Judge Docket II to Judge Lee Yeakel (fe) (Entered: 08/22/2003)
2 Return of service executed as to Investamerica Manage on 9/4/03 (td) (Entered: 09/16/2003)
3 Return of service by Secretary of State unexecuted as to Investamerica Management "Forward Order Expired" (td) (Entered: 10/03/2003)
4 Motion by Janice Campbell to intervene (rec'd intv cmp) (td) (Entered: 10/06/2003)
5 Order granting motion to intervene; that P-Intervenor Janice L. Campbell's Original Complaint be filed in the record in this case; finally Ordered that the style n the case be modified as noted in the style utilized in this Order for all future pleadings in this case [4-1] signed by Judge Lee Yeakel (fe) (Entered: 11/05/2003)
6 Plaintiff-Intervener Janice L. Campbell's Original Complaint filed (Pages: 6) (fe) (Entered: 11/05/2003)
7 Motion by Equal Employment Opp for default judgment against Investamerica Manage (td) (Entered: 11/26/2003)
8 Memorandum by Equal Employment Opp in support of motion for default judgment against Investamerica Manage [7-1] (td) (Entered: 11/26/2003)
9 Motion by Equal Employment Opp for entry of default against defendant InvestAmerica Management, Inc. (td) (Entered: 11/26/2003)
10 Affidavit by Equal Employment Opp in support of motion for entry of default against defendant InvestAmerica Management, Inc. [9-1] (td) (Entered: 11/26/2003)
11 Order granting motion for default judgment against Investamerica Manage [7-1] signed by Judge Lee Yeakel (td) Modified on 12/16/2003 (Entered: 12/16/2003)
12 Order granting motion for entry of default against defendant InvestAmerica Management, Inc. [9-1] signed by Judge Lee Yeakel (td) (Entered: 12/16/2003)

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12/15/2003 12/15/2003 12/15/2003 02/13/2004 02/13/2004 02/13/2004 02/13/2004 03/08/2004 03/08/2004 03/08/2004
03/08/2004 03/10/2004 03/22/2004

13 Clerk's entry of default as to Investamerica Manage (td) (Entered: 12/16/2003)
14 Default judgment against Investamerica Management, Inc. signed by U.S. District Judge Lee Yeakel. (td) (Entered: 12/16/2003)
Case closed (td) (Entered: 12/16/2003)
15 Motion by Janice Campbell for entry of default against Investamerica Manage (td) (Entered: 02/17/2004)
16 Motion by Janice Campbell for entry of judgment of default against Investamerica Manage (td) (Entered: 02/17/2004)
17 Motion by Janice Campbell for default judgment against Investamerica Manage (td) (Entered: 02/17/2004)
18 Memorandum by Investamerica Manage in support of motion for default judgment against Investamerica Manage [17-1] (td) (Entered: 02/17/2004)
19 Order granting motion for entry of default against Investamerica Manage [15-1] signed by Judge Lee Yeakel (td) (Entered: 03/10/2004)
20 Clerk's entry of default as to Investamerica Manage (td) (Entered: 03/10/2004)
21 Order granting motion for default judgment against Investamerica Manage [17-1], granting motion for entry of judgment of default against Investamerica Manage [16-1] signed by Judge Lee Yeakel (td) (Entered: 03/10/2004)
22 Judgment for Investamerica Manage against Janice Campbell signed by Judge Lee Yeakel (Pages: 2) (td) (Entered: 03/10/2004)
23 Final Judgment signed by Judge Lee Yeakel (Pages: 1) (td) (Entered: 03/10/2004)
Mail addressed to Investamerica Manage : judgment [23-1], judgment [22-1], order [21-1], clerk default [20-1], order [19-1]: returned by post office marked RTS Jacobson does not live here (td) (Entered: 03/23/2004)

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