Case 5:04-cv-00216 Document 1 Filed 09/29/2004 Page 1 of 5

U.S. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FILED

IN THE UNITED STATES DISTRIC COUR"]

FOR THE NORTHERN DISTRICT 0 LUBBOCK DIVISION

TEXAS ,","

SEP292004

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

JLP, L.L.C. d/b/a JIFFY LUBE OF

)

PLAINVIEW AND

)

WOLFLIN OIL,L.L.C.,

)

)

Defendants.

)

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

CL8EyR_K_,_U_.S_._D_IS_T_R_I_C_T_COI!P r
L....-_ _ _ _ _ _ _ f)e_ l)U_ I~ _ _ _ o _ __

C 4CV021 6" CIVIL ACTION
5~O

NO.

-

-

-

=

-

-

-

-

-

-

COMPLAINT

Jury Trial Demanded

NATURE OF THE 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 bases ofnational origin

and race, and to provide appropriate relief to Juan Alonzo Esquivel and Scott Craft, who were

adversely affected by such practices. Plaintiff, the Equal Employment Opportunity Commission

(the "Commission") alleges that Defendant JLP, L.L.C. d/b/a Jiffy Lube ofPlainview ("Jiffy Lube")

and Defendant Wolflin Oil, L.L.C. ("Wolflin"), acting as an integrated enterprise, engaged in

discriminatory employment practices, in violation of Title VII, when they discharged Juan Alonzo

Esquivel from his employment, because of his national origin, Hispanic, and when they discharged

Scott Craft from his employment, because of his race, Black.

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 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)(1) 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 ofthe Lubbock Division ofthe United States District Court for the Northern District of

Texas.

Case 5:04-cv-00216 Document 1 Filed 09/29/2004 Page 2 of 5

PARTIES 3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with the administration, interpretation and enforcement ofTitle VII, and is expressly authorized to bring this action by Section 706 (f) (1) and (3) of Title VII, 42 U.S.C. § 2000e-5 (f) (1) and (3). 4. At all relevant times, Defendant Jiffy Lube and Defendant Wolflin ("Defendants") constituted an integrated enterprise. 5. At all relevant times, Defendant Jiffy Lube has continuously been a Texas corporation doing business in the State of Texas and the City of Plainview. 6. At all relevant times, Defendant Wolflin, acting as an integrated enterprise with Defendant Jiffy Lube, has continuously been a Texas corporation doing business in the State of Texas and the City of Plainview. 7. As an integrated enterprise, at all relevant times, Defendants had more than fifteen employees. 8. At all relevant times, Defendant Jiffy Lube 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). 9. At all relevant times, Defendant Wolflin 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 10. More than thirty days prior to the institution of this lawsuit, Juan Alonzo Esquivel filed a charge with the Commission alleging violations of Title VII by Defendant Jiffy Lube. All conditions precedent to the institution of this lawsuit have been fulfilled. 11. Since at least March 10,2003, Defendants have engaged in unlawful employment practices at Jiffy Lube of Plainview, in violation of Section 703(a)(I) of Title VII, 42 U.S.C. § 2000e-2(a)(1). More specifically, on or about March 10,2003:

Plaintiff's Original Complaint

Page 2

Case 5:04-cv-00216 Document 1 Filed 09/29/2004 Page 3 of 5

(a) Defendants discharged Juan Alonzo Esquivel from his employment at Jiffy Lube of Plainview, because of his national origin, Hispanic; and
(b) Defendants discharged Scott Craft from his employment at Jiffy Lube of Plainview, because of his race, Black.
12. The effect of the practices complained of in paragraph eleven above has been to deprive Juan Alonzo Esquivel of equal employment opportunities and to otherwise adversely affect his status as employee, because of his national origin.
13. The effect of the practices complained of in paragraph eleven above has been to deprive Scott Craft of equal employment opportunities, and to otherwise adversely affect his status as an employee, because of his race.
14. The unlawful employment practices complained of in paragraph eleven above were intentional.
15. The unlawful employment practices complained of in paragraph eleven above were done with malice or with reckless indifference to the federally protected rights of Juan Alonzo Esquivel and Scott Craft.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from discharging employees because of their race or national origin, and any other employment practice which discriminates on the basis of race or national origin; B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Hispanics and Blacks, and which eradicate the effects of their past and present unlawful employment practices; C. Order Defendants to make whole Juan Alonzo Esquivel and Scott Craft, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other

Plaintiff's Original Complaint

Page 3

Case 5:04-cv-00216 Document 1 Filed 09/29/2004 Page 4 of 5
affirmative reliefnecessary to eradicate the effects oftheir unlawful employment practices, including but not limited to reinstatement ofJuan Alonzo Esquivel and Scott Craft or front pay in lieu thereof;
D. Order Defendants to make whole Juan Alonzo Esquivel and Scott Craft, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph eleven above, including, but not limited to, relocation expenses, job search expenses and medical expenses, in an amount to be determined at trial;
E. Order Defendants to make whole Juan Alonzo Esquivel and Scott Craft by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices complained of in paragraph eleven above, including but not limited to emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
F. Order Defendants to pay Juan Alonzo Esquivel and Scott Craft punitive damages for their malicious and reckless conduct described in paragraph eleven 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, ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel

Plaintiff's Original Complaint

Page 4

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Case 5:04-cv-00216 Document 1 Filed 09/29/2004 Page 5 of 5
tcM4 73. 9la/Wri... 'f ~"d<':""
ROBERTB. HARWIN Regional Attorney, D.C. State Bar No. 076083
~D.ITHhG.TA~~'OR' ~.
Supervisory Tna Attorney Texas State Bar No. 19708300
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EI Paso Area Office 300 E. Main, Suite 500 EI Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701 ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

Page 5

 
 e Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 1 of 10 r

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
JLP, L.L.c. d/b/a JIFFY LUBE OF PLAINVIEW AND WOLFLIN OIL, L.L.C.,
Defendants.

§

§

CLERK. U.S. D!STRICT COURT

§

By ----~i~:(~~,~:,~-.-------

§

§

§ CIVIL ACTION NO. 5-04CV0216-C

§

§

§

§

§

CONSENT DECREE

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

Opportunity Commission ("EEOC") and Defendants JLP, L.L.C. d/b/a Jiffy Lube of Plainview

and Wolflin Oil, L.L.C. This Consent Decree resolves the above-referenced Civil Action No. 5-

04CV0216-C. The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964,

as amended, 42 U.S.c. §§2000e, et seq. ("Title VII") and Title I ofthe Civil Rights Act of 1991,

42 U.S.C. § 1981a.

Plaintiffs Complaint in this lawsuit asserts unlawful employment practices on the basis

of national origin and race, and seeks to provide relief to Juan Alonzo Esquivel and Scott Craft,

who were adversely affected by those employment practices. More specifically, Mr. Equivel is

Hispanic and Plaintiff EEOC alleges in its Complaint that he was subjected to discrimination, in

violation of Title VII when he was discharged from his employment at JiffY Lube of Plainview

because of his national origin. Additionally, Scott Craft is Black and Plaintiff EEOC alleges in

its Complaint, that Mr. Craft was subjected to discrimination in violation of Title VII when he

was discharged from his employment at JiffY Lube of Plainview because of his race.

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 2 of 10
Plaintiff EEOC and JLP, L.L.C. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.c. wish to settle this Action without the necessity of further litigation pursuant to the tenns delineated in this Consent Decree. By entering into this Consent Decree, the JLP, L.L.C. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.c. expressly deny the validity of any claim and/or cause of action asserted in the Complaint, and in particular, they deny they are or were a joint enterprise or an integrated enterprise as alleged in the EEOC's Complaint, and specifically, JLP, L.L.C. d/b/a Jiffy Lube of Plainview reserves its right to challenge jurisdiction should the EEOC move, pursuant to paragraph three, and allege that JLP, L.L.c. d/b/a Jiffy Lube of Plainview violated paragraphs eight and/or nine. JLP, L.L.c. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.C. enter into this Consent Decree for the sole purpose of avoiding the expenses associated with this litigation. JLP, L.L.C. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.c. further assert that by entering into this Consent Decree they make no admission of liability or wrongdoing, and make no admission that either of their alleged conduct was improper, discriminatory, or illegal in any respect.
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action, venue is proper, and all administrative prerequisites to the filing of this action have been met. The Complaint states claims on behalf of Juan Alonzo Esquivel and Scott Craft which, if proved, would authorize this Court to grant relief pursuant to Title VII. 2. This Consent Decree resolves all issues raised in Plaintiff EEOC's Complaint in this case. Additionally, this Consent Decree resolves all issues raised in the Charge of Discrimination which Juan Alonzo Esquivel filed with the EEOC, Charge No. 361-2003-00773.
2

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 3 of 10
The EEOC expressly reserves its right, however, to process and litigate any other Charges of Discrimination which may now be pending or may in the future be filed against either JLP, L.L.c. d/b/a Jiffy Lube of Plainview or Wolf1in Oil, L.L.C.
3. The duration of this Consent Decree shall be two (2) 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 the Consent Decree by either JLP, L.L.c. d/b/a Jiffy Lube of Plainview or Wolf1in Oil, L.L.C., and their respective agents or assigns, shall toll the running of this two (2) year period as ofthe date ofthe violation, as against that party. If the Court subsequently determines this Consent Decree was violated, the two (2) year period shall recommence with regard to the party in violation, and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find this Consent Decree was not violated, the two (2) year period shall recommence, retroactive to the date ofthe filing of the pleading alleging a violation.
4. Within fifteen (15) days of the entry ofthis Consent Decree, JLP, L.L.c. d/b/a Jiffy Lube of Plainview, in settlement of this dispute, shall pay to Juan Alonzo Esquivel the sum total of$3,750 (Three Thousand Seven Hundred Fifty & noll 00) and Wolf1in Oil, L.L.C. shall pay to Juan Alonzo Esquivel the sum total of$1,250 (One Thousand Two Hundred Fifty & noll 00). The payments to Mr. Esquivel shall be sent directly to him at the following address: 920 Elm Street, Plainview, TX 79072. A copy of the settlement checks, and any accompanying transmittal documents, shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229.
3

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 4 of 10
5. Within fifteen (15) days of the entry of this Consent Decree, JLP, L.L.C. d/b/a Jiffy Lube of Plainview, in settlement of this dispute, shall pay to Scott Craft the sum total of $3,750 (Three Thousand Seven Hundred Fifty & no/lOO) and Wolflin Oil, L.L.C. shall pay to Scott Craft the sum total of$I,250 (One Thousand Two Hundred Fifty & no/lOO). The payments to Mr. Craft shall be sent directly to him at the following address: 1207 Joliet, Plainview, TX 79072. A copy of the settlement checks, and any accompanying transmittal documents, shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, TX 78229.
6. In providing employment references regarding Juan Alonzo Esquivel and/or Scott Craft, neither of JLP, L.L.c. d/b/a Jiffy Lube of Plainview nor Wolflin Oil, L.L.C. shall make any mention of the filing of the Complaint or the underlying Charge of Discrimination.
7. JLP, L.L.C. d/b/a Jiffy Lube of Plainview shall expunge the personnel files of Juan Alonzo Esquivel and Scott Craft of any and all documents relating to the EEOC Charge which Mr. Esquivel filed, and of any and all documents relating to Plaintiffs Complaint.
8. JLP, L.L.C. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.C., and their respective agents, officers, employees, servants, successors, and assigns, are enjoined, during the term of this Consent Decree, from discriminating against any employee on the basis of national origin and/or race. The conduct enjoined includes discharging any of their respective employees, because ofthat employee's national origin and/or race.
9. JLP, L.L.C. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.c., and their respective agents, officers, employees, servants, successors, and assigns, are also enjoined, during the term of this Consent Decree, from retaliating in any manner whatsoever against Juan
4

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 5 of 10
Alonzo Esquivel, Scott Craft, and/or any other past, present, or future employee, who opposes any employment practice which that employee reasonably believes to be unlawful, pursuant to Title VII, or who files a Charge of Discrimination, gives testimony or assistance, or participates in any manner in any investigation, proceeding, hearing, or action under Title VII.
10. JLP, L.L.c. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.c., and their respective agents, officers, employees, servants, successors, and assigns, shall post a notice regarding their practices, policies, and intent not to discriminate or retaliate against any employee in violation of Title VII. Such notice shall be as set forth in Exhibit A, which is attached to this Consent Decree, or, in lieu of this notice, JLP, L.L.c. d/b/a Jiffy Lube of Plainview and/or Wolflin Oil, L.L.c. shall post EEOC Poster Form #EEOC-PIE-I, on an employee bulletin board in an area where employees are likely to congregate. The notice shall be posted within 10 days of the filing date ofthe Consent Decree, and shall remain posted for the duration of this Consent Decree.
11. To further the ends ofthis Consent Decree, within 120 days of the entry of this Consent Decree, supervisory and managerial employees of JLP, L.L.c. d/b/a Jiffy Lube of Plainview shall participate in two (2) hours of equal employment opportunity compliance training. This training shall be provided by Lewis Coppedge and shall explain the law relating to discrimination in employment based on national origin and race. 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 national origin and/or race.
5

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 6 of 10
12. Within 120 days of the entry ofthis Consent Decree, supervisory and managerial employees ofWolflin Oil, L.L.C. shall participate in two (2) hours of equal employment opportunity compliance training. This training shall be provided by Paul Rose and shall explain the law relating to discrimination in employment based on national origin and race. 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 reliefto individuals who complain of discrimination based on national origin and/or race.
13. The EEOC shall have the right to ensure compliance with the terms ofthis Consent Decree.
14. The terms of this Consent Decree shall be binding upon the EEOC and JLP, L.L.c. d/b/a Jiffy Lube of Plainview and Wolflin Oil, L.L.C., and their respective agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.
15. Each party shall bear its own costs, including attorneys' fees incurred in this action.
16. The parties agree that pursuant to Section 706(k) of Title VII, 42 U.S.C. §2000e5(k), 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 J..rL day of_===-.J---2-=~'--
6

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 7 of 10

Dated: I) /3tJ/o.s-

Respectfully submitted,

Attorney Texas State Bar No. 03345000
BARRAS & BUNKLEY P.O. Box. 9175 Amarillo, TX 79902
Tel: (806) 372-2552 Fax: (806) 372-5105
ATTORNEYS FOR DEFENDANT WOLFLIN OIL, L.L.C.
f?ifE~~
Attorney Texas State Bar No. 04806500 WYATT L. BROOKS Attorney Texas State Bar No. 03075600
BURDETT, MORGAN, WILLIAMSON & BOYKIN, L.L.P.
3423 Soncy, Suite 300 Amarillo, TX 79119
Tel: (806) 358-8116 Fax: (806) 358-1901
ATTORNEYS FOR DEFENDANT JLP, L.L.C.

JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
~b~
ROBERT B. HARWIN
rial Attorney Texas State Bar No. 00795741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION El Paso Area Office 300 E. Main, Suite 500 El Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701 ATTORNEYS FOR PLAINTIFF

7

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 8 of 10
EXHIBIT A
8

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 9 of 10
JLP, L.L.c. D/B/A JIFFY LUBE OF PLAINVIEW NOTICE TO ALL EMPLOYEES
JLP, L.L.C. D/B/A JIFFY LUBE OF PLAINVIEW 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 TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED. THIS POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, AND ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT. JLP, L.L.C. D/B/A JIFFY LUBE OF PLAINVIEW WILL SPECIFICALLY NOT TOLERATE DISCHARGES BASED ON NATIONAL ORIGIN AND/OR RACE. JLP, L.L.c. D/B/A JIFFY LUBE OF PLAINVIEW WILL ALSO SPECIFICALLY NOT TOLERATE RETALIATION AGAINST ANY EMPLOYEE WHO PROTESTS AGAINST WHAT HE/SHE REASONABLY BELIEVES TO BE DISCRIMINATION BASED ON HIS/HER NATIONAL ORIGIN AND/OR RACE.
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 BECAUSE OF YOUR NATIONAL ORIGIN AND/OR YOUR RACE, 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. YOU MAY REACH THAT EEOC OFFICE BY CALLING (915) 534-6700. THE EEOC CAN ALSO BE REACHED AT THE FOLLOWING PHONE NUMBER: 1-800-6694000. NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, 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; THE EQUAL PAY ACT, 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 WORKPLACE.

Case 5:04-cv-00216 Document 22 Filed 01/03/2006 Page 10 of 10
WOLFLIN OIL, L.L.c. NOTICE TO ALL EMPLOYEES
WOLFLIN OIL, L.L.c. IS FIRMLY COMMITTED TO TREATING EMPLOYEES ACCORDING TO MERIT WITHOUT REGARD TO THEIR RACE, ,RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY, OR THEIR HAV~G ENGAGED IN ACTIVITY PROTECTED BY TITLE VII OF THE CIVIL RIGHTS ACT Of. 1964, AS AMENDED. THIS
.. POLICY APPLIES TO ALL EMPLOYMENT DECISIONS, AND ALL OTIiER TERMS AND ;(':"
CONDITIONS OF EMPLOYMENT. WOLFLIN OIL, L.L.c. WILL SPECIFI~ALLY NOT TOLERATE DISCHARGES BASED ON NATIONAL ORIGIN AND/OR RACE. WOLFLIN OIL, L.L.c. WILL ALSO SPECIFICALLY NOT TOLERATE RETALIATION AGAINST ANY EMPLOYEE WHO PROTESTS AGAINST WHAT HE/SHE REASONABLY BELIEVES TO BE DISCRIMINATION BASED ON HIS/HER NATIONAL ORIGIN AND/OR RACE.
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 BECAUSE OF YOUR NATIONAL ORIGIN AND/OR YOUR RACE, 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. YOU MAY REACH THAT EEOC OFFICE BY CALLING (915) 534-6700. THE EEOC CAN ALSO BE REACHED AT THE FOLLOWING PHONE NUMBER: 1-800-6694000. NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, 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; THE EQUAL PAY ACT, 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 WORKPLACE.

 
 Case 5:04-cv-00309 Document 1 Filed 12/20/2004 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
JLP, L.L.C., d/b/a JIFFY LUBE OF PLAINVIEW and WOLFLIN OIL, L.L.c.,
Defendants.

)

)

)

DEC 2 0 lDJ4

)

)

)

CLERK. U.S. DISTRICT COURT
B)'

)

'--__~_=_~~-=-~~i_=_;'-'_'J:J~~! ~-=-~_=_-=--=--=-=_ !

)

)

) Civil Action No.

) 5:04-CV-216-C

ORDER

The Court has been notified that on June 29, 2004, Wolflin Oil, L.L.C., d/b/a Jiffy Lube

of Amarillo, filed a petition for bankruptcy under chapter 11 of the United States Bankruptcy

Code. Pursuant to Section 362 of the Bankruptcy Code, an automatic stay is now in effect. To

manage the Court's docket more efficiently, the Court finds that any claims by and/or against

Wolflin Oil, L.L.C. should be severed and administratively closed.

It is therefore ORDERED that any claims herein by and/or against Wolflin Oil, L.L.C. are

severed and shall hereafter be styled "Equal Employment Opportunity Commission, Plaintiff, v.

0 4 C-ll 03 0 9 C Wolflin Oil, L.L.C., Defendant," Civil Action No.5 1&

IE)

5 ca' 0 f:cV. 9 4 ~ .0 0d' ItI.S .lc:urther ORDERED that CIV"II Act·lon No. - - IS a mllllstratlve&1y (\

closed without prejudice to its being reopened if the stay is lifted or the debtor is not discharged

II'I! 1(11,(;,'1 ,

l'\"

!

j'll

at the conclusion of the related bankruptcy proceeding.

, / " , (,(, II" I f' .':"','-"

,,' .' • .';':' \ \

" !

~ If \'-.. \

' "

/' I

• \, I,} ,

Certified a Jr"~·.~GPy'bf an ihs;r~rneJ11

on fIle in my off.i~e 9~ Id~ao :"-b''j::

Clerk, U.S.".DY~t'rict cburt \' :' I

,

I

"

,

Norther is,tr' t 'of J exas

By

, ."

_Deputy

!', \

--- -------

----- - -------- - - - -

Case 5:04-cv-00309

Document 1

Filed 12/20/2004 Page 2 of 2

It is further ORDERED that Civil Action No. 5:04-CV-216-C shall hereafter be styled

"Equal Employment Opportunity Commission, Plaintiff, v. JLP, L.L.C., d/b/a Jiffy Lube of

Plainview, Defendant."
? ;(
Dated this _(11_,0_ day of December, 2004.

, -,

2

 
 Case 5:04-cv-00309 Document 2 Filed 01/26/2005 Page 1 of 2

-

IN THE UNITED STATES DISTRICT COUR.:1.) r::. T1Ii~ r.:~' .', ."'~. ?~ i _~:

I FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION

'-",\~~}lr ~~JE r 01 TEXt,,; k ""~!Lb

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

I
I

JAN 2 6 20ffi I

I --~ I CU;:Rf\:, [].~. D:STRfCT co' in~

. _ - - - By _

.

c '- ~

)

v.

)

)

JLP, L.L.c., d/b/a JIFFY LUBE OF

) Civil Action No.

PLAINVIEW and WOLFLIN OIL, L.L.C., ) 5:04-CV-216-C

) (Consolidated with Civil Action

Defendants.

) No.5:04-CV-309-C)

ORDER GRANTING PLAINTIFF'S MOTION TO ALTER COURT'S ORDER OF DECEMBER 20, 2004

On this date the Court considered the Motion to Alter or Amend Order, filed by Plaintiff,

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC"), on December 29, 2004.

The Court also considered the Response of Defendant WOLFLIN OIL, L.L.C. ("Wolflin") and

the Response of Defendant JLP, L.L.C. d/b/a JIFFY LUBE OF PLAINVIEW, both filed on

January 18,2005.

After considering all relevant arguments of the parties, the Court is of the opinion that the

lawsuit filed by the EEOC against Defendant Wolflin Oil, L.L.c. is "an action or proceeding by a

governmental unit ... to enforce such governmental unit's ... police and regulatory powers"

and, as such, is not subject to the automatic bankruptcy stay provided by 11 U.S.C. § 362(a).

11 U.S.c. § 362(b)(4); see also EEOC v. Rath Packing Co., 787 F.2d 318, 32?, (,8th(~ir. 1986),

\

I •

,'- ttl,!i {\ i I " I

cert. denied, 479 U.S. 910 (1986); EEOC v. Hall's Motor Transit, 789,{~cl;tOl\li ilO'14<3\i"Ci,r.

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,

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1986); EEOC v, McLean Trucking Co., 834 F.2d 398, 402 (4th Cir. J9E1}~ ,EEO(f v. Smhbo':s

Certifi~d. :,~:,. ~r.' u~

topy

of

, I'
an;instrument

on file·.jn\n1.y:ofti~e on, I,a-I/;,'or

Clerk, U.S" District Court:

Northern O'

f Te'xas

By

,

I'"

Deputy

Case 5:04-cv-00309 Document 2 Filed 01/26/2005 Page 2 of 2

Restaurant, 1982 U.S. Dist. LEXIS 12027,34 FEP Cases 1451,1453 (S.D. Tex. 1982).

Plaintiffs Motion should be GRANTED.

It is therefore ORDERED that the Court's order of December 20,2004, is VACATED;

Civil Action No. 5:04-CV-309-C is REOPENED; and Civil Action No. 5:04-CV-309-C is

CONSOLIDATED with Civil Action No. 5:04-CV-216-C.

~~ ~ay Dated this

of January, 2005.

2

 
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U.S. District Court Northern District of Texas (Lubbock) CIVIL DOCKET FOR CASE #: 5:04-cv-00216

CLOSED, JURY

Equal Employment Opportunity Commission v. JLP, L L C d/b/a Jiffy Lube of Plainview Assigned to: Judge Sam R Cummings Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2004 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 - El Paso 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

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. Defendant

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JLP, L L C doing business as Jiffy Lube of Plainview
Defendant Wolflin Oil, L L C

represented by Lewis Coppedge Burdett Morgan Williamson & Boykin 3423 S Soncy Rd Suite 300 Amarillo, TX 79119 806/355-2886 Fax: 806/358-1901 FAX Email: lcoppedge@bmwb-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Thomas A Bunkley, Jr Barras & Bunkley 724 S Polk St Suite 710 Amarillo, TX 79105 806/372-2552 Email: bunkley41@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/29/2004 09/29/2004 11/17/2004 11/17/2004 12/17/2004 12/17/2004 12/20/2004

#

Docket Text

1 COMPLAINT against JLP, L.L.C., Wolflin Oil, L.L.C. , filed by Equal Employment Opportunity Commission.(dks, ) (Entered: 09/30/2004)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (dks, ) (Entered: 09/30/2004)
2 Summons Issued as to Wolflin Oil, L L C. (egb, ) (Entered: 11/17/2004)
3 Summons Issued as to JLP, L L C. (egb, ) (Entered: 11/17/2004)
4 ANSWER (Response) to Complaint by Wolflin Oil, L L C.(egb, ) (Entered: 12/20/2004)
5 SUGGESTION OF BANKRUPTCY Upon the Record as to Wolfin Oil, L.L.C., d/b/a Jiffy Lube of Amarillo by Wolflin Oil, L L C. (egb, ) (Entered: 12/20/2004)
6 ORDER: The Court has been notified that on June 29, 2004, Wolflin Oil, L.L.C., d/b/a Jiffy Lube of Amarillo, filed a petition for bankruptcy under chapter 11 of the United States Bankruptcy Code. Pursuant to Section 362 of the Bankruptcy Code, an automatic stay is now in effect. To manage the Court's docket more efficiently, the Court finds that any claims by and/or against Wolflin Oil, L.L.C. should be severed and administatively closed. It is therefore ORDERED that any claims herein by and/or against Wolflin Oil, L.L.C. are severed and shall hereafter be styled "Equal Employment Opportunity Commission, Plaintiff, v. Wolflin Oil, L.L.C., Defendant," Civil Action No. 5:04-CV-0309-C. It is further ORDERED that Civil Action No. 5:04-CV-0309-C is administratively closed without

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12/21/2004 12/21/2004
12/29/2004 12/29/2004 12/30/2004
01/18/2005 01/18/2005 01/26/2005
04/29/2005 05/03/2005
08/08/2005 12/09/2005

prejudice to its being reopened if the stay is lifted or the debtor is not discharged at the conclusion of the related bankruptcy proceeding. It is further ORDERED that Civil Action No. 5:04-CV-216-C shall hereafter be styled "Equal Employment Opportunity Commission, Plaintiff, v. JLP, L.L.C., d/b/a Jiffy Lube of Plainview, Defendant." (Signed by Judge Sam R Cummings on 12/20/04) (egb, ) Modified on 1/26/2005 (egb, ). (VACATED PER ORDER OF 1/26/05) (Entered: 12/20/2004)
7 ORIGINAL ANSWER to Complaint by JLP, L L C.(egb, ) (Entered: 12/21/2004)
8 SCHEDULING ORDER: Amended Pleadings due by 3:00 p.m. 3/15/2005. Discovery due by 3:00 p.m. 10/14/2005. Joinder of Parties due by 3:00 p.m. 3/15/2005. All other pretrial motions, including motions for summary judgment due by 3:00 p.m. 10/14/2005. Experts, unless otherwise identified pursuant to written discovery, must be disclosed by 3:00 p.m. on 6/15/05. (Signed by Judge Sam R Cummings on 12/21/04) (egb, ) (Entered: 12/21/2004)
9 MOTION for Leave to Proceed Without Local Counsel by Equal Employment Opportunity Commission (egb, ) (Entered: 12/29/2004)
10 MOTION to Amend/Correct 6 Order by Equal Employment Opportunity Commission (egb, ) (Entered: 12/29/2004)
11 ORDER granting 9 Motion for Leave to Proceed Without Local Counsel. It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiff, EEOC, may appear without designation of local counsel. (Signed by Judge Sam R Cummings on 12/30/04) (egb, ) (Entered: 12/30/2004)
12 RESPONSE to Motion re 10 MOTION to Amend/Correct 6 Order filed by JLP, L L C. (egb, ) (Entered: 01/18/2005)
13 RESPONSE to Motion re 10 MOTION to Amend/Correct 6 Order filed by Wolflin Oil, L L C. (egb, ) (Entered: 01/18/2005)
14 ORDER granting 10 Motion to Alter or Amend. It is therefore ORDERED that the Court's Order of December 20, 2004, is VACATED. Civil Action No. 5:04-CV-309-C is REOPENED and Civil Action No. 5:04-CV-309-C is CONSOLIDATED with Civil Action No. 5:04-CV-216-C. (Signed by Judge Sam R Cummings on 1/26/05) (egb, ) Modified on 1/26/2005 (egb, ). (Entered: 01/26/2005)
15 Agreement to extend discovery deadline filed by Equal Employment Opportunity Commission, JLP, L L C. (egb, ) (Entered: 05/02/2005)
16 AGREEMENT to extend deadline to serve objections and responses to Plaintiff's First Set of Interrogatories, Plaintiff's First Request for Admission and PLaintiff's First Request for Production until May 13, 2005 filed by Equal Employment Opportunity Commission, Wolflin Oil, L L C. (egb, ) (Entered: 05/03/2005)
17 PRETRIAL NOTICE AND ORDER: Jury Trial set for 2/6/2006 at 9:00 AM before Judge Sam R Cummings. (Signed by Judge Sam R Cummings on 8/8/2005) (dks, ) (Entered: 08/08/2005)
18 NOTICE OF PENDING SETTLEMENT by Equal Employment Opportunity Commission, JLP, L L C, Wolflin Oil, L L C. (bdg, ) (Entered: 12/09/2005)

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01/03/2006 01/03/2006 01/03/2006

19 Order Directing Administrative Closure without prejudice to its being reopened to enter an Order of dismissal or to enter other orders if the settlement is not consummated. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before thirty (30) days from the date of this Order. (Signed by Judge Sam R Cummings on 12/9/05) (egb, ) (Entered: 12/09/2005)
20 JOINT MOTION to Enter Consent Decree by Equal Employment Opportunity Commission, JLP, L L C, Wolflin Oil, L L C (egb, ) (Entered: 01/03/2006)
21 ORDER granting 20 Motion to Enter Consent Decree. It is therefore ordered that the Consent Decree is hereby entered. The Court shall retain jurisdiction to enforce the terms and conditions as set forth in the Consent Decree. (Signed by Judge Sam R Cummings on 1/3/06) (egb, ) (Entered: 01/03/2006)
22 CONSENT DECREE: See decree for specifics. (Signed by Judge Sam R Cummings on 1/3/06) (egb, ) (Entered: 01/03/2006)

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