Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 1 of 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff

)

)

v.

)

)

BROWNFIELD MOTORPLEX, INC.,

)

)

Defendant.

)

_______________________________________)

Civil Action No. 5-05CV0060-C

PARTIES’ JOINT MOTION FOR DISMISSAL AND FOR ENTRY OF CONSENT DECREE

COME NOW, Plaintiff Equal Employment Opportunity Commission (“EEOC”) and

Defendant Brownfield Motorplex, Inc. (“Motorplex”), and file this, their Joint Motion For

Dismissal And For Entry of Consent Decree in the above-captioned civil matter. In support of

this Motion, the parties respectfully show the Court as follows:

Plaintiff EEOC and Defendant Motorplex have resolved, compromised, and settled all

matters at issue between them in this litigation, as evidenced by their signatures on the Consent

Decree attached hereto as Exhibit One.

WHEREFORE, PREMISES CONSIDERED, Plaintiff EEOC and Defendant Motorplex

respectfully request that the Court enter the Consent Decree attached hereto as Exhibit One, and

that the Court retain jurisdiction to enforce the terms and conditions as set forth in the Consent

Decree.

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 2 of 10

Dated: March 15, 2006 _
s/ R. Lynn Fielder ___________ R. LYNN FIELDER Texas State Bar No. 06971100 Fisk & Fielder, P.C. 2710 N. Stemmons Freeway 400 Tower North Dallas, TX 75207
Telephone: (214) 638-3744 Facsimile: (214) 638-5105 ATTORNEYS FOR DEFENDANT

Respectfully submitted,
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT CANINO Regional Attorney Oklahoma State Bar No. 011782
ROBERT B. HARWIN Associate Regional Attorney District of Columbia State Bar No. 076083
JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300
s/ Leticia Dominguez_______________ LETICIA DOMINGUEZ Trial Attorney Texas State Bar No. 00795741
Equal Employment Opportunity Commission EL PASO AREA OFFICE 300 E. Main, Suite 500 El Paso, TX 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 3 of 10
EXHIBIT ONE

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 4 of 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff

)

)

v.

)

)

BROWNFIELD MOTORPLEX, INC.,

)

)

Defendant.

)

_______________________________________)

Civil Action No. 5-05CV0060-C

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment

Opportunity Commission (“EEOC”) and Defendant Brownfield Motorplex, Inc. (“Brownfield

Motorplex”). This Consent Decree resolves the above-referenced Civil Action No. 5-

05CV0060-C. Plaintiff EEOC initiated this lawsuit pursuant to Section 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §621 et seq. (the “ADEA”),

which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938,

(the “FLSA”) as amended, 29 U.S.C. §§216(c) and 217.

Plaintiff’s Complaint in this lawsuit asserted unlawful employment practices on the basis

of age, and sought to provide relief to Mike Hobbs, who was adversely affected by those

employment practices. More specifically, Mr. Hobbs is sixty years old, and Plaintiff EEOC

alleged, in its Complaint, that he was subjected to discrimination, in violation of the ADEA,

when he was discharged from his employment at Brownfield Motorplex, Inc., because of his age.

Defendant denies having discriminated against Mike Hobbs, because of his age, and

contends that it has not engaged in any unlawful employment practices.

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 5 of 10
Plaintiff EEOC and Defendant Brownfield Motorplex wish to settle this Action, without the necessity of further litigation, pursuant to the terms delineated in this Decree.
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 filing of this action have been met. 2. This Consent Decree resolves all issues raised in Plaintiff EEOC’s Complaint in this case. Plaintiff EEOC waives further litigation of all issues raised in the above-referenced Complaint. 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 Defendant Brownfield Motorplex. 3. The duration of this Consent Decree shall be three years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Consent Decree, and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of this Consent Decree by Defendant Brownfield Motorplex, or 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 that 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. 4. Defendant Brownfield Motorplex, in settlement of this dispute, shall pay to Mike Hobbs, the sum total of $23,750. 5. If Defendant Brownfield Motorplex resumes business within three years of the date of this Consent Decree, and is asked to provide an employment reference regarding Mike Hobbs, Defendant Brownfield Motorplex shall make no mention of the filing of the Complaint, or the underlying charge filed by Mike Hobbs.

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 6 of 10
6. If Defendant Brownfield Motorplex resumes business within three years of the date of this Consent Decree, it shall post a notice regarding its practices, policies, and intent not to discriminate or retaliate against any employee in violation of the ADEA. Such notice shall be as set forth in Exhibit “A,” which is attached to this Consent Decree. A copy of Exhibit “A” shall be posted on all employee bulletin boards, and other areas where employees are likely to congregate. The notice shall remain posted for this duration of this Consent Decree. 7. If Defendant Brownfield Motorplex resumes business within three years of the date of this Consent Decree, it shall disseminate a notice to all employees re-affirming its policy to comply with all EEOC requirements, re-affirming any policy manual provision regarding the Company policy not to discriminate on the basis of age, or any other protected characteristic, and the Company policy not to retaliate against any employee who protests against discrimination, and including with said notice, a copy of Exhibit “A,” requesting that each such employee sign and return an acknowledgment that they have received said notice. 8. If Defendant Brownfield Motorplex resumes business within three years of the date of this Consent Decree, it will provide every one of its management employees with equal employment opportunity compliance training which lasts at least four hours long. This training shall: (a) explain the law relating to discrimination in employment based on age, including but not limited to, discharge based on age; and (b) explain the damaging effects of discrimination based on age to victims, their families, their co-workers, and the workplace environment. In addition, the training shall teach non-discriminatory work and management techniques when interfacing or interacting with other employees, and the responsibilities of supervisory employees and human resources personnel to provide prompt and effective relief to individuals who complain of discrimination based on age.

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 7 of 10
9. The terms of this Consent Decree shall be binding upon the EEOC and Defendant Brownfield Motorplex, their agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein. 10. Each party shall bear its own costs, including attorneys’ fees incurred in this action. 11. The parties agree that there is no prevailing party in this action or proceeding. The Clerk shall furnish a copy hereof to each attorney of record.
SO ORDERED. Signed this _____ day of _______________, 2006.
________________________________ SAM R. CUMMINGS UNITED STATES DISTRICT JUDGE

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 8 of 10

Dated: March 15, 2006
s/ R. Lynn Fielder __________________ R. LYNN FIELDER Texas State Bar No. 06971100 FISK & FIELDER, P.C. 2710 N. Stemmons Freeway 400 Tower North Dallas, TX 75207
Telephone: (214) 638-3744 Telecopier: (214) 638-5105 ATTORNEYS FOR DEFENDANT

Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney District of Columbia State Bar No. 076083
JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300
s/ Leticia Dominguez_______________ LETICIA DOMINGUEZ Trial Attorney Texas State Bar No. 00795741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
El Paso Area Office 300 E. Main, Suite 500 El Paso, TX 79901
Telephone: (915) 534-6676 Telecopier: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 9 of 10
EXHIBIT A

Case 5:05-cv-00060 Document 8 Filed 03/15/2006 Page 10 of 10
NOTICE TO ALL EMPLOYEES
BROWNFIELD MOTORPLEX, INC. IS FIRMLY COMMITTED TO TREATING EMPLOYEES ACCORDING TO MERIT, WITHOUT REGARD TO THEIR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY, OR THEIR HAVING ENGAGED IN ACTIVITY PROTECTED BY THE AGE DISCRIMINATION IN EMPLOYMENT ACT. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. BROWNFIELD MOTORPLEX, INC WILL SPECIFICALLY NOT TOLERATE DISCHARGES BASED ON AGE. BROWNFIELD MOTORPLEX, INC. WILL ALSO SPECIFICALLY NOT TOLERATE RETALIATION AGAINST ANY EMPLOYEE WHO PROTESTS AGAINST WHAT HE REASONABLY BELIEVES TO BE AGE DISCRIMINATION.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, SEX, AGE, DISABILITY OR NATIONAL ORIGIN, INCLUDING BEING DISCHARGED, OR THREATENED WITH DISCHARGE, BECAUSE OF YOUR AGE, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM SUPERVISORY PERSONNEL OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, WHICH IS ALSO KNOWN AS THE EEOC. THE CLOSEST EEOC OFFICE IS LOCATED AT 300 E. MAIN, SUITE 500, EL PASO, TEXAS, 79901. THE PHONE NUMBER FOR THAT OFFICE IS (915) 534-6700. YOU MAY ALSO REACH THE EEOC THROUGH THE FOLLOWING 800 NUMBER: 1-800-669-4000. NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE FROM, FILING A CHARGE WITH, OR COMMUNICATING WITH THE EEOC.
THE 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,, WHICH PROHIBITS EMPLOYMENT DISCRIMINATION AGAINST PEOPLE, BECAUSE THEY ARE FORTY YEARS OLD, OR OLDER, THE EQUAL PAY ACT, SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE WORKPLACE.

 
 r ---l ---'---"'-"iJ.~. PIST':;~-:T Cr-:;-l~r---

I ~;-:)r,TEERN DISTRiCT OF TEXAS i

i

FILED

!

t: 011 IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT

TOEUXAR~J

MAR I 0 2005

I

'

LUBBOCK DIVISION EQUAL EMPLOYMENT OPPORTUNITY )

t

I! CLERK, U.S. DISTRICT COURT

By

Del'dy

COMMISSION,

)

)

Plaintiff, v.

) CIVIL ACTION NO.- - - - - -

) )

5-0 5CVO-O 6 O~ C

) COMPLAINT

BROWNFIELD MOTORPLEX, INC.,

)

)

Defendant.

) JURY TRIAL DEMAND

-----------------------------)

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment Act to correct unlawful

employment practices on the basis of age, and to provide appropriate reliefto Mike P. Hobbs.

As described with greater particularity in paragraph seven below, Plaintiff Equal Employment

Opportunity Commission alleges that on or about April 1, 2003, Defendant Brownfield

Motorplex, Inc. discharged Mr. Hobbs, then age sixty, from his job as a car salesman, because of

his age.

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 7(b) of the Age

Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §626(b) (the "ADEA"),

which incorporates by reference Sections 16(c) and 17 of the Fair Labor Standards Act of 1938

(the "FLSA"), as amended, 29 U.S.C. §§ 216(c) and 217.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Northern District of Texas, Lubbock

Division.

PARTIES

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

is the agency of the United States of America charged with the administration, interpretation and

enforcement of the ADEA and is expressly authorized to bring this action by Section 7(b) of the

ADEA, 29 U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.1 of 1978,92

Stat. 3781, and by Public Law 98-532 (1984), 98 Stat. 2705.

4. At all relevant times, Defendant Brownfield Motorplex, Inc. (the "Employer"), has

continuously been a Texas corporation doing business in the State of Texas and the City of

Brownfield, and has continuously had at least 20 employees.

5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 11 (b), (g) and (h) of

the ADEA, 29 U.S.C. §§ 630(b), (g) and (h).

CONCILlATION

6. Prior to institution of this lawsuit, the Commission's representatives attempted to

eliminate the unlawful employment practices alleged below and to effect voluntary compliance

with the ADEA through informal methods of conciliation, conference, and persuasion within the

meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).

STATEMENT OF CLAIMS

7.

Since at least on or about April 1, 2003, Defendant Employer engaged in

unlawful employment practices at its Brownfield, Texas location, in violation of Section

623(a)(1) of the ADEA, 29 U.S.C. § 623(a)(I). The practices included:

2

a. Discharging Mike P. Hobbs because of his age, sixty; and b. Telling Mike P. Hobbs, at the time of his discharge, that Defendant wanted
younger people. 8. The effect of the practices complained of in paragraph seven above has been to deprive Mike P. Hobbs of equal employment opportunities and otherwise adversely affect his status as an employee, because of his age. 9. The unlawful employment practices complained of in paragraph seven above were willful within the meaning of Section 7(b) of the ADEA, 29 U.S.C. § 626(b).
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns and all persons in active concert or participation with it, from discharging any of its employees, because they are 40 years of age and older, and from any other employment practice which discriminates on the basis of age against individuals 40 years of age and older; B. Order Defendant Employer to institute and carry out policies, practices and programs which provide equal employment opportunities for individuals 40 years of age and older, and which eradicate the effects of its past and present unlawful employment practices; C. Grant a judgment requiring Defendant Employer to pay Mike P. Hobbs appropriate back wages in an amount to be determined at trial, and an equal sum as liquidated damages, or prejudgment interest in lieu thereof; D. Order Defendant Employer to make Mike P. Hobbs whole by providing the affirmative relief necessary to eradicate the effects of its unlawful practices, including but not
3

limited to reinstatement, or front pay, in lieu thereof; E. Grant such further relief as the Court deems necessary and proper in the public
interest; and F. 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, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
i!drtJ: 13. 'AlaA4H4" ""1 ~
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 076083
mDf1I.T.H&!Gh.~T.A~Y ~R¥ ~~
Supervisory Trial Attorney Texas State Bar No. 19708300
Trial Attorney Texas State Bar No. 00795741 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION El Paso Area Office
4

300 E. Main, Suite 500 EI Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701 ATTORNEYS FOR PLAINTIFF
5

. ~JS 44 (Rev. 3/99)

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the
use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

PLAINTIFFS
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS
BROWNFIELD MOTORPLEX, INC.

(b) County of Residence of First Listed (EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorney's (Finn Name, Address, and Telephone Number)
LETICIA DOMINGUEZ EEOC - 300 E Main Street, SUIte 500 EI Paso, TX 79901 (915) 534-6676

County of Residence of First Listed

TERRY

(IN U.S. PLAINTIFF CASES ONLy)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

LAND INVOLVED.

Attorneys (If Known)
5-0 5CVO'O 6 0- C

II. BASIS OF JURISDICTION

X I U S Government Plamtlff

o 3

(Place an "X" in One Box Only)
Federal Question (U S Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(place an "X" m One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

Cltlzen of This State

DEF 01 01 Incorporated or Pnncipal Place

0 4

DEF 04

of Business In This State

o 2 U S Government
Defendant

o 4 Diversity
(Indicate CIllzenshlp of Parties in Item III)

IV. NATURE OF SUIT CONTRACT

IPlace an "X" m One Box OnIv) TORTS

Citizen of Another State
CIllzen or Subject of a Foreu!l1 CountrY

o 2 02 Incorporated and Principal Place
of Busmess In Another State
o 3 03 Foreign Nation

0 5 05 0 6 06

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance

PERSONAL INJURY

0 120 Marine

0 310 AIrplane

0 130 Miller Act

0 315 Airplane Product

0 140 Negollable Instrument

Liability

0 150 Recovery of Overpayment 0 320 Assault, Libel &

& Enforcement of Judgment

Slander

PERSONAL INJURY 0 362 Personal Injury-
Med Malpracllce 0 365 Personal Injury -
Product Liability
0 368 Asbestos Personal

0 610 Agriculture

0 422 Appeal 28 USC 158

0 620 Other Food & Drug

0 625 Drug Related Seizure 0 423 Withdrawal

of Property 21 USC

28 USC 157

0 630 Liquor Laws

0 640 R R & Truck

PROPERTY RIGHTS

0 400 State Reapportionment 0 410 Anlltrnst 0 430 Banks and Banking 0 450 CommercelICC Rates/etc 0 460 DeportatIOn
0 470 Racketeer Influenced and

0 151 Medicare Act 0 152 Recovery of Defaulted
Student Loans
(Excl Veterans)

0 330 Federal Employers'

Injury Product

0

Ltablhty

Liabliity

0

0 340 Marine

PERSONAL PROPERTY

0 345 Marine Product

0 370 Other Fraud

0

0 153 Recovery of Overpayment

Liability

of Veteran's Benefits 0 350 Motor Vehicle

0 371 Truth in Lendmg 0 380 Other Personal

0 160 Stockholders' Suits 0 190 Other Contract

0 355 Motor Vehicle Product Ltablhty

Property Damage 0 385 Property Damage

0

0 195 Contract Product Liabihty 0 360 Other Personal Injury

Product Liability

0

REAL PROPERTY

CIVIL RIGHTS PRISONER PETITIONS
0

0 210 Land Condemnation

0 441 Votmg

0 510 Mollons to Vacate

0 220 Foreclosure

X 442 Employment

Sentence

0

0 230 Rent Lease & Ejectment 0 443 Housing!

Habeas Corpus'

0 240 Torts to Land

AccommodatIOns 0 530 General

0

0 245 Tort Product Liability 0 444 Welfare

0 535 Death Penalty

0 290 All Other Real Property 0 440 Other ClVlI RIghts 0 540 Mandamus & Other 0

0 550 Civil Rights

0 555 Pnson Condillon

650 Airline Regs 660 Occupational
Safety/Health
690 Other

0 820 Copyrights 0 830 Patent 0 840 Trademark

LABOR

SOCIAL SECURITY

710 Fair Labor Standards 0 861 HIA (1395ff)

Act

0 862 Black Lung (923)

720 LaborlMgmt Relations 0 863 DIWCIDIWW (405(g»

0 864 SSID Title XVI

730 LaborlMgmt Reporting 0 865 RSI (405(g»

& Disclosure Act

740 Railway Labor Act

FEDERAL TAX SUITS

o 790 Other Labor LitigatIOn

870 Taxes (U S Plamllff or Defendant)

791 Empl. Ret. Inc Security Act

o 871 IRS-Third Party
26 USC 7609

Corrupt Organizations 0 810 Selective Service 0 850 Securities/Commodillesl
Exchange
0 875 Customer Challenge 12 USC 3410
0 891 Agricultural Acts 0 892 Economic StabilizatIOn Act 0 893 Envirorunental Matters 0 894 Energy Allocation Act 0 895 Freedom of
Information Act 0 900 Appeal of Fee
Determination Under Equal Access to Justice
0 950 Constitutionality of State Statutes
0 890 Other Statutory ActIOns

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

o X 1 OriglOal

2 Removed from

Proceeding

State Court

o 3 Remanded from
Appellate Court

Transferred from
o another district 4 Reinstated or 0 5 (specify) Reopened

o 6 Multidistrict
Litigation

Appeal to District
o Judge from
7 Magistrate Judgment

VI CAUSE OF ACTION (Cite the U.S: Civil Statute under which you are filing and wnte bnefstatement of cause.

•

Do not cite Junsdlcllonal statutes unless diverSity.)

This IS an actIOn under the Age Dlscnmmation m Employment Act to correct unlawful employment pracllce on the baSIS of age and to proVide appropriate relief to Mike P. Hobb, who was

adversely affected by such unlawful practices.

VII. REQUESTED IN D CHECK IF THIS IS ACLASS ACTION DEMAND $

CHECK YES only if demanded in complaint:

COMPLAINT:

UNDER F.R.C.P. 23

JURY DEMAND:

X Yes 0 No

VIII. RELATED CASE(S)

(See IOstructlOns) .

IF ANY

JUDGE ____________________________ DOCKETNUMBER ____________________

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY
RECEWT# _________ AMOUN _____________ APPLYING IFP _ _ _ _ _ __

ruDGE ____________ MAG ruDGE _ _ _ _ _ _ _ __

JS 44 Reverse (Rev. 12/96)

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use ofthe Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency,

use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then

the official, giving both name and title.

(b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract ofland involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. Ifthere are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below.

United States plaintiff. (I) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States, are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution ofthe United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (I) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U. S.C. Section 1404(a) Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority ofTitle 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.

VII. Requested in Complaint Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not ajury is being demanded.

VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

 
 District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?361135844622091-L_3...

CLOSED, ECF, JURY
U.S. District Court Northern District of Texas (Lubbock) CIVIL DOCKET FOR CASE #: 5:05-cv-00060

Equal Employment Opportunity Commission v. Brownfield Motorplex, Inc Assigned to: Judge Sam R Cummings Cause: 28:451 Employment Discrimination

Date Filed: 03/10/2005 Date Terminated: 03/21/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Leticia Dominguez Equal Employment Opportunity Commission 300 E Main Suite 500 El Paso, TX 79901 915/534-6676 Fax: 915/534-6701 FAX Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G Taylor Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7637 Email: judith.taylor@eeoc.gov ATTORNEY TO BE NOTICED

Robert B Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7643 Email: Robert.Harwin@eeoc.gov ATTORNEY TO BE NOTICED

V.

1 of 3

5/29/2007 4:14 PM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?361135844622091-L_3...

Defendant Brownfield Motorplex, Inc

represented by R Lynn Fielder Fisk & Fielder Stemmons North Tower 2710 N Stemmons Frwy Suite 400 Dallas, TX 75207 214/638-3744 Email: lfielder@fiskfielder.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/10/2005 03/10/2005 05/18/2005 05/18/2005
05/23/2005 05/23/2005
01/03/2006 01/04/2006 03/15/2006 03/21/2006

#

Docket Text

1 COMPLAINT against Brownfield Motorplex, Inc , filed by Equal Employment Opportunity Commission.(dks, ) (Entered: 03/10/2005)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (dks, ) (Entered: 03/10/2005)
2 ANSWER to Complaint by Brownfield Motorplex, Inc.(bdg, ) (Entered: 05/18/2005)
3 SCHEDULING ORDER: Amended Pleadings due by 8/15/2005. Discovery due by 3/15/2006. Joinder of Parties due by 3/15/2006. Motions, including motions for summary judgment due by 8/15/2005. Experts must be disclosed by 11/15/2005. (Signed by Judge Sam R Cummings on 05/18/05) (bdg, ) (Entered: 05/18/2005)
4 UNOPPOSED MOTION For Leave to Proceed Without Local Counsel by Equal Employment Opportunity Commission (bdg, ) (Entered: 05/23/2005)
5 ORDER granting 4 Motion For Leave to Proceed Without Local Counsel. It is ORDERED, ADJUDGED, and DECREED that Plaintiff, EEOC, may appear without designation of local counsel. (Signed by Judge Sam R Cummings on 05/23/05) (bdg, ) (Entered: 05/23/2005)
6 ORDER DESIGNATING CASE FOR ECF - see order for specifics. (Signed by Judge Sam R Cummings on 01/03/06) (bdg, ) (Entered: 01/03/2006)
7 PRETRIAL NOTICE AND ORDER: Jury Trial set for 7/5/2006 09:00 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 1/4/06) (egb, ) (Entered: 01/04/2006)
8 Joint MOTION to Dismiss And For Entry of Consent Decree by Equal Employment Opportunity Commission (Dominguez, Leticia) (Entered: 03/15/2006)
9 ORDER granting 8 Motion to Dismiss and for Entry of Consent Decree. (Signed by Judge Sam R Cummings on 3/21/06) (klw, ) (Entered: 03/21/2006)

2 of 3

5/29/2007 4:14 PM

District Version 3.0.3 - Docket Report

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?361135844622091-L_3...

03/21/2006
03/28/2006 03/28/2006 03/29/2006

10 CONSENT DECREE; Court to retain jurisdiction for three years, the duration of this Consent Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. (SEE CONSENT DECREE FOR FURTHER DETAILS). Each party to bear its own costs, including attorneys' fees incurred in this action. The parties agree that there is no prevailing party in this action or proceeding. (Signed by Judge Sam R Cummings on 3/21/06) (klw, ) (Entered: 03/21/2006)
12 AMENDED CONSENT DECREE in re: 10Consent Decree. (egb, ) Modified Doc. No. on 3/29/2006 (egb, ). (Entered: 03/28/2006)
11 ORDER: On March 21, 2006, a Consent Decree was entered in the above-styled and -numbered cause. However, pages 5-7 of the Consent Decree were inadvertently not included. Therefore, an Amended Consent Decree is entered herewith. (Signed by Judge Sam R Cummings on 3/28/06) (egb, ) Modified Doc. No. on 3/29/2006 (egb, ). (Entered: 03/29/2006)
Document Number Reset To 12 (egb, ) (Entered: 03/29/2006)

PACER Service Center

Transaction Receipt

05/29/2007 16:16:18

PACER Login: hs0328

Client Code: eeoc

Description: Docket Report Search Criteria: 5:05-cv-00060

Billable Pages: 2

Cost:

0.16

3 of 3

5/29/2007 4:14 PM