Case 1:02-cv-00620-SS Document 1 Filed 09/26/2002 Page 1 of 5

FILED

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SEP 2 6 2002

AUSTIN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

§

CLERK, U.S. D S RICT COURT WESTERN DIS ]JF TEXAS
BY ____~~~~___

COMMISSION, Plaintiff,

§

§ §

J . l,A Civil Action N

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_

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v.

§

§ COMPLAINT AND

NBC MANAGEMENT, INC.,

§ JURY TRIAL DEMAND

§

Defendant.

§

NATURE OF ACTION

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 national

origin, Hispanic, and to provide appropriate relief to Felipe Aranda, Jr., and Alicia Aranda, who were

adversely affected by such practices. The U.S. Equal Employment Opportunity Commission (the

"Commission") alleges that the Defendant, NBC Management, Inc. ("NBC") subjected Felipe

Aranda, Jr., and Alicia Aranda to disparate treatment when NBC failed to hire them because of their

national origin, Hispanic.

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 pursuant to Section 706(f)(1) and (3) of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(f)(l) and (3) ("Title VII"), 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 Western District of Texas, Austin Division.

\

Case 1:02-cv-00620-SS Document 1 Filed 09/26/2002 Page 2 of 5

PARTIES 3. Plaintiff, the Commission, is the 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(t)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5(t)(1) and (3). 4. At all relevant times, Defendant NBC has continuously been a Texas corporation doing business in the State of Texas and the City of Austin, and has continuously had at least 15 employees. 5. At all relevant times, Defendant NBC 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. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Felipe Aranda, Jr., and Alicia Aranda filed charges with the Commission alleging violations of Title VIIby Defendant NBC. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least March 2001, Defendant NBC has engaged in unlawful employment practice(s) at its Austin, Texas, facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e- 2(a). These practices include subjecting Felipe Aranda, Jr., and Alicia Aranda, to disparate treatment by failing to hire them because of their national origin, Hispanic. 8. The effect of the practices complained of in paragraph seven above has been to deprive Felipe Aranda, Jr., and Alicia Aranda of equal employment opportunities and otherwise adversely affect their status as applicants because of their national origin, Hispanic. 9. The unlawful employment practices complained of in paragraph seven above were

Plaintiffs Original Complaint

Page 2

Case 1:02-cv-00620-SS Document 1 Filed 09/26/2002 Page 3 of 5

intentional. 10. The unlawful employment practices complained of in paragraph seven above were
done with malice or with reckless indifference to the federally protected rights of Felipe Aranda, Jr., and Alicia Aranda.
PRA YER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant NBC, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in disparate treatment and any other employment practice which discriminates on the basis of national origin, Hispanic; B. Order Defendant NBC to institute and carry out policies, practices, and programs which provide equal employment opportunities for Hispanics, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant NBC to make whole Felipe Aranda, Jr., and Alicia Aranda, 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 rightful-place hiring of Felipe Aranda, Jr., and Alicia Aranda, or front pay in lieu thereof; D. Order Defendant NBC to make whole Felipe Aranda, Jr., and Alicia Aranda, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including, but not limited to, job search expenses, in amounts to be determined at trial;

Plaintiffs Original Complaint

Page 3

Case 1:02-cv-00620-SS Document 1 Filed 09/26/2002 Page 4 of 5
E. Order Defendant NBC to make whole Felipe Aranda, Jr., and Alicia Aranda, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including but not limited to pain and suffering, humiliation, embarrassment, emotional distress, anxiety, inconvenience, and loss of enjoyment of life, in an amounts to be determined at trial;
F. Order Defendant NBC to pay Felipe Aranda, Jr., and Alicia Aranda punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts 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,
G~NDOLYNYOUNGREAMS
Associate General Counsel
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 0760873

Plaintiff's Original Complaint

Page 4

Case 1:02-cv-00620-SS Document 1 Filed 09/26/2002 Page 5 of 5
Supervisory Tnal Attorney Texas S,te Bar No. 086 750
'B,~
CONNIELIEM Trial Attorney Texas State Bar No. 00791113
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7629 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

PageS

 
 Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 1 of 11

FILED
IN THE UNITED STATES DISTRICT COURT fI, Il~1 t~~ ['\t V IS'D~~

FOR THE WESTERN DISTRICT OF TEXAS

plo! I. 29

AUSTIN DIVISION

2003 IN I 8 n t.t:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
NBC MANAGEMENT, INC.,
Defendant.

§ § § § Civil Action No. A·02·CA·620·SS § § § § §

CONSENT DECREE The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, NBC Management, Inc. ("NBC"). This Consent Decree resolves the allegations raised by the EEOC in the above-referenced Civil Action No. A-02-CA-620-SS. The EEOC initiated this lawsuit under Title VII of the 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 national origin and to provide appropriate relief to Felipe Aranda, Jr. and Alicia Aranda, who the EEOC maintains were adversely affected by these alleged practices. The EEOC alleges that Defendant, NBC Management, Inc., discriminated against Felipe Aranda, Jr. and Alicia Aranda when it subjected them to disparate treatment when NBC failed to hire them because of their national origin, Hispanic, in violation of Section 703(a) of Title VII. NBC Management, Inc. denies this allegation, and that it engaged in any unlawful employment practices. To avoid the expense and uncertainty of further litigation, the EEOC and Defendant, NBC Management, Inc., wish to settle this action, without the necessity of further litigation, pursuant to the terms delineated in this Decree.

.- -. Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 2 of 11
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. 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. NBC Management, Inc. denies that it discriminated against or engaged in any unlawful employment practices against Felipe and Alicia Aranda, as alleged in the Complaint. This Decree is not an admission by NBC Management, Inc. of liability, which has been denied, nor is there a finding of discrimination or liability.
3. ' This Decree resolves those claims against NBC Management, Inc. raised in EEOC's Complaint in this case. EEOC expressly reserves its right to process and litigate any other charges which may now be pending or may in the future be filed against Defendant NBC Management, Inc.
4. The duration of this Decree shall be three (3) years from the date of its entry by the Court. This Court retains jurisdiction of this action for that three year period and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. In the event that the Court finds that the terms of the Consent Decree have been violated, the EEOC shall have the right to request the Court to toll the term of the Consent Decree for up to the period of the violation.
5. Defendant NBC Management, Inc., its agents, officers, employees, servants, successors, and assigns, will not discriminate against Felipe or Alicia Aranda on the basis of national origin or any other basis made unlawful by Title VII, and will not retaliate in any manner against Felipe and Alicia Aranda for opposing any employment practice made unlawful by Title VII.
6. Defendant NBC Management, Inc., its agents, officers, employees, servants,
2

- Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 3 of 11
successors, and assigns, shall provide their employees with a place of employment free of discrimination on the basis of national origin, and any other form of discrimination made unlawful by Title VII.
7. Within 90 days of the date of this Decree, Defendant NBC Management, Inc. shall distribute copies of the Notice, attached as Exhibit"A," to all supervisory and managerial employees employed by Defendant NBC Management, Inc. at its Austin, Texas facility. Each supervisory and managerial employee will sign an acknowledgment form, indicating that he/she has read and understood the terms of the Notice.
8. Within 90 days of the date of entry of this Decree, all managerial employees employed by Defendant NBC Management, Inc., at NBC facilities in Austin, Texas, shall participate in EEO Title VII antidiscrimination training, of not less than four (4) hours. Within 30 days prior to the date scheduled for this training, Defendant NBC Management, Inc., shall furnish to the EEOC a written report describing training to be attended by the employees referred to in this paragraph, identifying the instructor(s) and describing hislher/their qualifications to conduct such training, and the EEOC shall have the right to approve the training and/or the instructor(s). The EEOC agrees that the instructor may be an employee of NBC Management who has received appropriate training on antidiscrimination laws and agrees not to unreasonably withhold its approval of the training and the instructor. The EEOC expressly approves Fulbright & Jaworski L.L.P. to conduct this training.
9. Within 90 days of the entry of this Consent Decree, Defendant NBC Management, Inc. shall create and implement a non-discrimination policy which meets the following criteria:
(a) States that NBC Management, Inc., prohibits discrimination against employees on the basis of national origin in violation of Title VII;
3

Case 1:02-cv-00620.--.SS Document 22 Filed 06/18/2003 Page 4 of 11
(b) Defines and provides examples of national origin harassment; said examples to be included in the non-discrimination policy;
(c) Provides that the complaints of national origin harassment can be made either in writing or verbally;
(d) Provides for prompt investigation of discrimination complaints and for prompt action, which is appropriate and effective, to remedy the discrimination;
(e) Promptly communicates in writing to the complaining party upon the conclusion of its investigation the results of the investigation and the remedial actions taken or proposed, if any;
(f) Provides for substantial and progressive discipline for violating Defendant NBC Management, Inc.' s non-discrimination policy up to and including discharge;
(g) Requires that all employees report incidents of national origin discrimination to any supervisor or the person charged with investigating discrimination complaints; and
(h) Provides that all of Defendant NBC Management, Inc.' s non-discrimination policies and complaint procedures be in English and Spanish and drafted in plain and simple language.
10. Following the entry of this Decree, Felipe Aranda and Alicia Aranda will provide executed copies of the documents entitled "Settlement Agreement and Release" and attached as Exhibits B-1 and B-2 to this Agreement, along with completed IRS W-9 forms, to David Rivela,
4

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 5 of 11
Attorney, San Antonio District Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229. The EEOC shall then forward these documents to counsel for NBC Management, Inc. Within fourteen days of delivery of these documents to counsel for NBC Management, Inc., NBC Management, Inc. shall send a check for $3,500 to Felipe Aranda to the following address: 1113 Rutland #85, Austin, Texas 78758, and a check to Alicia Aranda for $2,000 to the following address: 1906 Surey, Round Rock, Texas 78664. Within 90 days of receipt of the documents by its counsel, Defendant NBC Management, Inc., shall send a check for $3,000 to Felipe Aranda at the above address and a check for $1,500 to Alicia Aranda at the above address. Thus, the total amount of disbursements by NBC Management, Inc., shall be $10,000 (TEN THOUSAND DOLLARS). Each obligation provided for under this Paragraph is satisfied by placing the payment in the United States Mail, return receipt requested, addressed in accordance with the information contained in this Paragraph. Should the funds not subsequently be received, NBC Management, Inc. and the Arandas shall cooperate to accomplish delivery.
11. A copy of all the settlement checks, and any accompanying transmittal documents shall be forwarded to: David Rivela, Attorney, San Antonio District Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
12. The terms of this Decree shall be binding upon the EEOC and Defendant NBC Management, Inc., its agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.
13. The parties to this Decree shall bear their own costs and attorney's fees incurred in
5

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 6 of 11

this action. The parties agree that pursuant to Section 706(k) of Title vn, 42 U.S.C. § 2000e-5(k),
there is no "prevailing party" in this action or proceeding, and all relief not expressly granted is
denied.
The Clerk shall furnish a copy hereof to each attorney of record.
SO ORDERED.
__ * U Signed this .Ji:.. day of ~ -«'~~~"."I ~ SAM SPARKS UNITED STATES DISTRICT JUDGE
Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney D..C. ate Bar No. 076083

FULBRIGIIT & JAWORSKI L.L.P. 600 Congress Ave., Suite 2400 Austin, Texas 78701 Telephone: (512) 474-5201 Telecopier: (512) 536-4598
ATTORNEYS FOR DEFENDANT

ervisory Trial Attorney texas State Bar No. 19708300 J
~~~
DAVID RIVELA Texas State Bar No. 00797324
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7619 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF
6

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 7 of 11

Received 01/31/2003 15:06 in-:2 on line [6] for BG00375 printed 02/20/2!

Jan-3l-03 04:16pm From-EEOC

210-281-1669

13:08 * Pg 8/11 T-916 p.ODe/OII F-006

NOTICE TO ALL EMPLOYEES
NBCMANAGENIENT,INC.SLYPPORTSFEDERALLAWREQ'lJIRINGTHEREBENO DISCRIMlNATIONAGAINST Al'IT APPLICA.'IT OR EMPLOYEE BECAUSE OFI-DS OR HER RACE, COLOR, SEX1 NATIONAL ORIGIN. R..ELIQION~ AGE OR DISABlLITY AND REAFFIRMS ITS COMMITMENT NOT TO DISCRlMINATEAGATh.'ST ANY APPUCANTOR EMPLOYEE ON ANY TERM OR CONDmON OF EMPLOYMENT. TIllS POlley APPLIES TO AILEMPLOYMENTDEClSIONS.L'{CLUDINQ.HIR1NGOR llliHIRIKG. RECRUlTME!'l"T~ RETENTION. PROMOTION, TRANSFER, LAYOFF A..l\ID/OR TERMINATION,.6:..ND ALL OTBER TERMS M1) CONDmONS OF EMPLOYMENT.
NBCMANAOE:MENT,lNC. WlLLNOT»ISCRThfiNATEAGAmst ANY EMPLOYEE FOR OPPOSING ElVCP'WYMENT DISCRIMINATION, FOR FILING OR PARTICIPATING IN A CHARGEOFEMPLOYMENTDISCRlMINATION,AL"ID/O:RFURASSOCIAWG WInIAN EMPLOYEE WHO OPPOSES EMPLOYMENT DISCRIMINATION OR FJLES OR PARTICIPAlES Il\ A CHARGE OF EMPLOYMENT DISCRIMINATION
IF YOU BEUEVE YOU ARE BEING DISCR..1M1NATED AGAINST IN ANY TER.M: OR COl\1)mON OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, REUGION. COLOR, .NATIONALORlGIN,SEX.AGE, ORDISABILlTYtOR THAt YOU ARE BEINO SUBJECTED TO HARASSME!'4" BECAUSE Of YOUR GENDER OR HAVING ENGAGED IN mLE VIIPROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL, THE PERSONNELDBPARTMENI't OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORlUNlTY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN A-lIITONIO, 'IEXAS 78229-3550, (210) 281~7600 OR 1-800-669-4000.
NO RETALIATORY ACTION MAY BE TAKEN AGA1NST YOU FOR S:EEI<l'\O ASSISTANCE, F1LJNG A CHARGE, OR COMMUNICATING WITH THE U'l\lJTED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES 1TIl.E vn Of THE CIVIL RIOHrS ACT OF 1964, WIlleR
PRO:amITS EMPLOYMENT DISCRIMINATION BASED ON RACE. COLOR. REDOlON, SEX ORNAnONALORIGIN; THEAGEDISCRIMlNATIONINEMPLOYMENT ACTj THEEQUAL
PAYACTj PROHIBITIONS AOAlNSTDISCRIMINATION AFFECTING INDIVIDUALS wrm
DISABIT.lTIESi SECTIONS OF lHE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WlTHDISABIT..ITms ACT, wmCHPROHIBITS DISCRIMlNATION AGAINST
PEOPLE "WTI'H DISABILITIES IK THE PRIVATE SECTOR AND STATE A.'ill LOCAL GOVERNMENTS.

EXHIBIT "An

C<mS8nr Decree

P~e5
EXHIBIT
I A

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 8 of 11

SETTLEMENT AGREEMENT AND RELEASE

In complete settlement of any and all pending or potential disputes between the parties Felipe Aranda, Jr. ("Aranda"), on the one hand, and NBC Management, Inc. ("NBC") on the other hand (collectively referred to as the "Parties"), including but not limited to all claims which were or could have been raised in the Charge of Discrimination #36AA200119 (hereinafter the "EEOC Charge") filed by Aranda against NBC, the Parties voluntarily enter into this Confidential Settlement Agreement and Release (the "Agreement").

I. General Release Language: Aranda, for himself and anyone who could bring a claim on his behalf, fully releases NBC and any related businesses, along with the Company's current and former employees, directors, agents, owners, attorneys and insurers (called the "Releasees"), from any and all claims, causes of action, damages, and attorneys' fees arising out of the events that were or could have been made the basis of his EEOC Charge. This includes causes of action that are not brought under Title VII but that arise out of any attempt to seek employment with NBC up to the date this Release is signed. Aranda further agrees not to sue Releasees in connection with any claim encompassed by the release.

2. Payment: Because of Aranda's promises in this Agreement, NBC agrees to pay Aranda the total sum of Six Thousand Five Hundred Dollars ($6,500.00). This payment will be made in accordance with Paragraph 10 of the Consent Decree in the case styled A-OI-CA-620SS, Equal Employment Opportunity Commission v. NBC Management, Inc. Aranda acknowledges and agrees that this consideration is all he will receive from the Releasees, and that he expects no other consideration.

3. Tax Liabilitv: Indemnification: Aranda agrees that all of his tax obligations which may arise from the payments set forth in Paragraph 2 shall be his sole obligation, and that he indemnifies NBC against any and all costs, penalties, taxes, fees or other payments made or required as a result of the payment. Aranda acknowledges that he has not relied upon any representation of NBC or its attorneys as to the taxability or nontaxability of said monies.

4. Non-Admissions: Aranda acknowledges that by entering into this Agreement, neither NBC nor any other Releasee admits any violation of any law or wrongdoing. Aranda acknowledges and agrees that this Agreement shall not represent any kind of admission of fault, which is expressly denied by NBC.

5. Severability: If any provision of this Agreement is held to be invalid, the Parties agree that the rest of the Agreement shall remain in full force and effect, with the exception that Aranda must return the payment referred to in Paragraph 2 if Paragraph 1 is held invalid.

6. Entire Agreement: This Agreement constitutes the entire agreement between Aranda and NBC on the issue of Aranda's release of NBC and on payments to Aranda.

7. Voluntary Agreement; Opportunty to Confer with Counsel: The Parties agree that they have read this Agreement and that they have been encouraged to consult their own attorneys if they have any questions regarding the Agreement; that they are entering into this Agreement

30481184.1110300592

EXHIBIT
I B-l

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 9 of 11

with full understanding of its legal consequences; and that they agree to be bound by the Agreement.
IN WITNESS WHEREOF, I have reviewed this Settlement Agreement and Release, understand and agree to be bound by its terms, and have signed this Agreement knowingly, as a voluntary act of my own free will and deed, and after having had the opportunity to review and discuss its terms with legal counsel of my choosing.

FELIPE ARANDA, JR.

Date: _ _ _ _ _ _ _ _ __

By: FELIPE ARANDA, JR.

This instrument was acknowledged before me on this _ _ day of _ _ _ _ _, 2003, by Felipe Aranda, Jr.

Date: - - - - - - - - - -

Notary Public in and for The State of Texas
NBC MANAGEMENT, INC.
By: _ _ _ _ __

This instrument was acknowledged before me on this _ _ day of _ _ _ _-', 2003, by _ __

Notary Public in and for The State of Texas

30481184. III 0300592

2

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 10 of 11

SETTLEMENT AGREEMENT AND RELEASE
In complete settlement of any and all pending or potential disputes between the parties Alicia M. Aranda ("Aranda"), on the one hand, and NBC Management, Inc. ("NBC") on the other hand (collectively referred to as the "Parties"), including but not limited to all claims which were or could have been raised in the Charge of Discrimination #36AA200134 (hereinafter the "EEOC Charge") filed by Aranda against NBC, the Parties voluntarily enter into this Confidential Settlement Agreement and Release (the "Agreement").
1. General Release Language: Ms. Aranda, for herself and anyone who could bring a claim on her behalf, fully releases NBC Management, Inc. and any related companies, along with the Company's current and former employees, directors, agents, owners, attorneys and insurers (called the "Releasees"), from any and all claims, causes of action, damages, and attorneys' fees arising out of the events that were or could have been made the basis of her EEOC Charge. This includes causes of action that are not brought under Title VII but that arise out of any attempt to seek employment with NBC up to the date this Release is signed. Aranda further agrees not to sue Releasees in connection with any claim encompassed by the Release.
2. Payment: Because of Aranda's promises in this Agreement, NBC agrees to pay Aranda the total sum of Three Thousand Five Hundred Dollars ($3,500.00). This payment will be made in accordance with Paragraph 10 of the Consent Decree in the case styled A-OI-CA620-SS, Equal Employment Opportunity Commission v. NBC Management, Inc. Aranda acknowledges and agrees that this consideration is all she will receive from the Releasees, and that she expects no other consideration.
3. Tax Liability; Indemnification: Aranda agrees that all of her tax obligations which may arise from the payments set forth in Paragraph 2 shall be her sole obligation, and that she indemnifies NBC against any and all costs, penalties, taxes, fees or other payments made or required as a result of the payment. Aranda acknowledges that she has not relied upon any representation of NBC or its attorneys as to the taxability or nontaxability of said monies.
4. Non-Admissions: Aranda acknowledges that by entering into this Agreement, neither NBC nor any other Releasee admits any violation of any law or wrongdoing. Aranda acknowledges and agrees that this Agreement shall not represent any kind of admission of fault, which is expressly denied by NBC.
5. Severability: If any provision of this Agreement is held to be invalid, the Parties agree that the rest of the Agreement shall remain in full force and effect, with the exception that Aranda must return the payment referred to in Paragraph 2 if Paragraph 1 is held invalid.
6. Entire Agreement: This Agreement constitutes the entire agreement between Aranda and NBC on the issue of Aranda's release of NBC and payments to Aranda.
7. Voluntary Agreement; Opportunty to Confer with Counsel: The Parties agree that they have read this Agreement and that they have been encouraged to consult their own attorneys if they have any questions regarding the Agreement; that they are entering into this Agreement

30481114.1110300592

EXHIBIT
I 6-1

" ..

Case 1:02-cv-00620-SS Document 22 Filed 06/18/2003 Page 11 of 11

with full understanding of its legal consequences; and that they agree to be bound by the Agreement.
IN WITNESS WHEREOF, I have reviewed this Settlement Agreement and Release, understand and agree to be bound by its tenus, and have signed this Agreement knowingly, as a voluntary act of my own free will and deed, and after having had the opportunity to review and discuss its tenus with legal counsel ofmy choosing.

ALICIA M. ARANDA

Date: _ _ _ _ _ _ _ _ __

By: ALICIA M. ARANDA

This instrument was acknowledged before me on this _ _ day of _ _ _ _, ,2003, by Alicia M. Aranda.

Date: _ _ _ _ _ _ _ _ __

Notary Public in and for The State of Texas
NBC MANAGEMENT, INC.
By: Cynthia Suttles

This instrument was acknowledged before me on this _ _ day of _ _ _ _ _, 2003, by Cynthia Suttles.

Notary Public in and for The State of Texas

30481114.1/10300592

2

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

Page 1 of 5

U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:02-cv-00620-SS

CLOSED

Equal Employment v. NBC Management, Inc. Assigned to: Honorable Sam Sparks Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/26/2002 Date Terminated: 06/18/2003 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Connie Liem U.S. Equal Employment Opportunity Commission 401 "B" St. Suite 510 San Diego, CA 92101-3555 (619) 557-7284 Fax: 619/557-7274 TERMINATED: 11/27/2002 LEAD ATTORNEY

David C. Rivela EEOC San Antonio District Office 5410 Fredericksburg Rd. Suite 200 San Antonio, TX 78229 (210) 281-7619 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, TX 78229-3555 (210)281-7638 Fax: (210)281-7669 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?923186987640559-L_353_0-1

7/10/2007

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

Page 2 of 5

V. Defendant NBC Management, Inc.

5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7637 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
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
represented by Brian Strother Greig Fulbright & Jaworski L.L.P. 600 Congress Ave. Suite 2400 Austin, TX 78701 (512) 536-4510 Fax: 512/536-4598 Email: bgreig@fulbright.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chris G. Jacobs Fulbright & Jaworski 600 Congress Ave. Suite 2400

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?923186987640559-L_353_0-1

7/10/2007

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

Page 3 of 5

Date Filed 06/09/2002 09/26/2002 09/26/2002 09/26/2002 11/15/2002
11/15/2002 11/21/2002 11/21/2002 11/27/2002 11/27/2002
11/27/2002
12/16/2002
12/19/2002 12/23/2002 12/23/2002

Austin, TX 78701 (512) 633-5553 Fax: 512/ Email: chris_jacobs@post.harvard.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

19 Order setting status conference for 2:30 6/23/03 signed by Honorable Sam Sparks (tdk) (Entered: 06/10/2003)

Case assigned to Honorable Sam Sparks (fe) (Entered: 09/26/2002)

1 Complaint filed. Filing Fee: $ wv (Pages: 5) (fe) (Entered: 09/26/2002)

Court file forwarded to Judge Sparks (fe) (Entered: 09/26/2002)

2 Motion by Equal Employment to substitute David C. Rivela for Connie Liem as attorney in charge for EEOC , and for Connie Liem to withdraw as attorney (fe) (Entered: 11/18/2002)

3 Motion by Equal Employment for David C. Rivela to appear pro hac vice (fe) (Entered: 11/18/2002)

Summons issued for NBC Management, Inc. (fe) (Entered: 11/21/2002)

4 Amended Motion by Equal Employment for David C. Rivela to appear pro hac vice (fe) (Entered: 11/21/2002)

6 Order granting amended motion for David C. Rivela to appear pro hac vice [4-1] (tdk) (Entered: 11/27/2002)

Mooted motions: motion for David C. Rivela to appear pro hac vice [31]; amended motion to appear [4-1] was granted (tdk) (Entered: 11/27/2002)

5 Order granting motion to substitute David C. Rivela for Connie Liem as attorney in charge for EEOC [2-1], granting motion for Connie Liem to withdraw as attorney [2-2] (tdk) (Entered: 11/27/2002)

7 Order that Plaintiff shall file proof of service with the Clerk of the Court within 10 days of entry of this order; failure to respond will result in the dismissal of the entire cause for failure of P to prosecute or to comply (fe) (Entered: 12/17/2002)

Summons issued for NBC Management, Inc. (fe) (Entered: 12/19/2002)

8 Response by Equal Employment to Court's order [7-1] (fe) (Entered: 12/24/2002)

9 Return of service executed as to NBC Management, Inc. on 12/18/02 (fe) (Entered: 12/24/2002)

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01/08/2003 01/10/2003
01/28/2003 02/28/2003 03/07/2003 03/12/2003
04/07/2003
04/24/2003 05/01/2003 05/30/2003 06/09/2003 06/17/2003 06/18/2003
06/18/2003 06/18/2003

10 Original Answer by NBC Management, Inc. (fe) (Entered: 01/09/2003)
11 Order that the parties shall submit a proposed scheduling order for the Court's consideration by 3/10/03 Signed by Honorable Sam Sparks (fe) (Entered: 01/10/2003)
12 Notice of filing notice of appearance of counsel by atty. Judith G. Taylor for Equal Employment (fe) (Entered: 01/29/2003)
13 Notice of filing Joint Discovery/Case Management Plan by Equal Employment, NBC Management, Inc. (fe) (Entered: 03/03/2003)
Recommendations for scheduling order by Equal Employment, NBC Management, Inc. (fe) (Entered: 03/11/2003)
14 Alternate Dispute Resolution Report filed by Equal Employment, NBC Management, Inc., Party(s) do not agree to Alternate Dispute Resolution (fe) (Entered: 03/13/2003)
15 Scheduling order setting Joining of parties, amending of pleadings on 4/28/03; Deadline for filing of all dispositive motions 7/15/03; Discovery cutoff 7/1/03; Docket Call set for 11:00 8/29/03; Alternate Dispute Resolution Report due by 4/11/03; trial 9/2003; signed by Honorable Sam Sparks (fe) (Entered: 04/08/2003)
16 1st Amended answer by NBC Management, Inc. : answer [10-1]; jury demand (fe) (Entered: 04/25/2003)
17 Designation of potential Witness, Exhibit and Expert List by Pltf Equal Employment (tdk) (Entered: 05/01/2003)
18 Combined Witness, Exhibit and Expert List by Dft NBC Management, Inc. (tdk) (Entered: 05/30/2003)
20 Agreed Motion by Equal Employment, NBC Management, Inc. to modify Scheduling order [15-1] (tdk) (Entered: 06/10/2003)
21 Joint motion by Equal Employment, NBC Management, Inc. to Enter Consent Decree (td) (Entered: 06/17/2003)
22 Order granting joint motion to Enter Consent Decree [21-1] Consent Decree Filed, signed by Honorable Sam Sparks (td) (Entered: 06/19/2003)
23 Final Judgment Order Entering Consent Decree signed by Honorable Sam Sparks (Pages: 1) (td) (Entered: 06/19/2003)
Case closed (td) (Entered: 06/19/2003)

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