IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION

1= !i ~ 0

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

ENDEAVOR ENERGY RESOURCES, L.P.

)

D/B/A RIG MOVERS EXPRESS,

)

)

Defendant.

)

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

,N )~

'If [/el V;. ~~i':, j,
BV_ ...

~i l' ~\..

CIVIL ACTION NO. L" I 11m< ',( \

COMPLAINT

JURY TRIAL DEMAND
MO-05-CV·096

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 basis of race, and to

provide appropriate reliefto Abel L. Armendariz, who was adversely affected by such practices. As

alleged with greater particularity in paragraph seven below, Plaintiff, the Equal Employment

Opportunity Commission (the "Commission") alleges that Defendant Endeavor Energy Resources,

L.P. d/b/a Rig Movers Express subjected Abel Armendariz, who is Black, to a hostile work

environment, because of his race.

JURISDICTION AND VENUE

1. Iurisdictionofthis Court is invoked pursuant to 28 D.S.C. §§ 451,1331,1337,1343

and 1345. This action is authorized and instituted pursuant to Section 706 (f)(l) and (3) ofTitle VII

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

Section 102 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, Midland-Odessa Division.
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, a Texas Limited Partnership (the "Employer"), has continuously been doing business in the State ofTexas and the City ofOdessa, and has continuously had at least 15 employees. 5. At all relevant times, Defendant Employer 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 ofthis lawsuit, Abel L. Armendariz filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 2001, Defendant Employer has engaged in unlawful employment practices at its Odessa, Texas facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a). Those practices include: SUbjecting Abel L. Armendariz to a hostile work environment, on the basis of his race, Black, by subjecting him to racial slurs, verbal abuse, and derogatory comments on a regular basis. 8. The effect of the practices complained of in paragraph seven above has been to
2

deprive Abel L. Armendariz of equal employment opportunities and to otherwise adversely affect his status as an employee, because of his race.
9. The unlawful employment practices complained of in paragraph seven above were 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 Abel L. Armendariz.
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 engaging in conduct which creates and/or permits a hostile work environment on the basis of race and any other employment practice which discriminates on the basis of race; B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks, and which eradicate the effects of its past and present unlawful employment practices; C. Order the Defendant Employer to make whole Abel L. Armendariz for the hostile work environment caused by Defendant's discriminatory practices by providing compensation for past and future pecuniary losses resulting from the unlawful practices described in paragraph seven above in an amount to be determined at trial; D. Order Defendant Employer to make whole Abel L. Armendariz by providing compensation for past and future non pecuniary losses resulting from the unlawful employment
3

practices complained of in paragraph seven above, including, but not limited to, emotional pain, suffering, humiliation, embarrassment, emotional distress, stress, anxiety, inconvenience, and loss of enjoyment of life, in an amount to be determined at trial;
E. Order Defendant Employer to pay Abel L. Armendariz punitive damages for its malicious and reckless conduct described in paragraph seven above, in an amount to be determined at trial;
F. Grant such further relief as the Court deems necessary and proper in the public interest; and
G. 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 GWENDOL YN YOUNG REAMS Associate General Counsel

fotuJ: 13}1~ '4-11J1~H*'<""­
ROBERTB. HARWIN Regional Attorney D.C. State Bar No. 076083

tJd!,
lfJDITH

~
G.

T1A~TLOr"!~

Supervisory Trial Attorney

Texas State Bar No. 19708300

4

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EI Paso Area Office 300 E. Main, Suite 500 El Paso, Texas 79901
Tel: (915) 534-6676 Fax: (915) 534-6701 ATTORNEYS FOR PLAINTIFF
5

~JS 4i '"(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 ENDEAVOR ENERGY RESOURCES, L.P.
D/B/A RIG MOVERS EXPRESS

(b) County of Residence of First Listed (EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorney's (Firm Name, Address, and Telephone Number)
LETICIA DOMINGUEZ EEOC· 300 E Mam Street, SUite 500 EI Paso, TX 7990 I (915) 534·6676

County of Residence of First Listed

..:.M;!oI~D:.!:L:...:A::..;N:.!:D~_ _ _ _ __

(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF

LAND INVOLVED.

Attomeys (lfKnown)
MO-05-CV·096

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plamtlff

(For DiverSity Cases Only)

and One Box for Defendant)

DO

DO

X 1 U S Government

0 3 Federal Quesllon

CIllzen of This State

0 I 0 I Incorporated or Pnnclpal Place

0 4 04

Plaintiff

(U.S. Government Not a Party)

of Business In This State

o 2 U S Government
Defendant

0 4 DiverSity (Indicate Clllzenship of Parties in Item III)

IV. NATURE OF SUIT (Place an "X" m One Box Onlv)

CONTRACT

TORTS

o II0 Insurance

PERSONAL INJURY

o 120 Marine

0 310 Airplane

o 130 Miller Act

0 315 Airplane Product

o 140 Negottable Instrument

Liability

o 150 Recovery of Overpayment 0 320 Assault, Libel &

PERSONAL INJURY
o 362 Personal Injury~
Med Malpracttce 0 365 Personal InjUry
Product Llabihty

CIllzen of Another State
Citizen or Subject of a ForelgJI Country

o2 02 o3 03

Incorporated and Principal Place of Busmess In Another State
Foreign Nallon

o 5 05
o 6 06

FORFEITUREIPENAL TY

BANKRUPTCY

0 610 Agnculture

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

OTHER STATUTES
o 400 State ReapportIOnment o 410 AntItrust o 430 Banks and Bankmg o 450 Commerce/lCC Rates/etc. o 460 Deportatton

& Enforcement of Judgment

Slander

0 368 Asbestos Personal 0 640 R R. & Truck

o PROPERTY RIGHTS

470 Racketeer Influenced and

o 151 Medicare Act o 152 Recovery of Defaulted
Student Loans
(Exc!. Veterans)

0 330 Federal Employers'

Injury Product

0 650 Alrhne Regs.

Llablhty

Liability

0 660 Occupational

0 340 Manne

PERSONAL PROPERTY

SafetylHealth

0 345 Manne Product 0 370 Other Fraud

0 690 Other

0 820 Copynghts 0 830 Patent
0 840 Trademark

Corrupt OrganizatIOns
o 810 Selectlve Service o 850 Seountles/CommodltIes/
Exchange

o 153 Recovery of Overpayment

Liability

o 371 Truth in Lendmg I-----~---I--:-:-:-:~-:-::-:::~=-:-I 0 875 Customer Challenge

of Veteran's Benefits 0 350 Motor Vehicle

o 380 Other Personal

LABOR

SOCIAL SECURITY

12 USC 3410

o 160 Stockholders' SUits o 190 Other Contract

o 0 355 Motor Vehicle Product Llabihty

Property Damage 385 Property Damage

0 710 Fair Labor Standards 0 861 HIA (l395ft)

0 891 Agncultural Acts 0 892 Economic Stabilization Act

g _o

_195_Co_ntra_ct P_rodu_ct L_lab_lhty-+0_

3_60_Oth_er P_erso_nal_Inj-ur-yr_

_

Product Llablhty _ _ _ _ _-

--I

D

Act

0

720 LaborlMgmt. Relations 0

862 Black Lung (923) 863 DIWCIDIWW (405(g»

0 893 EnVironmental Matters 0 894 Energy Allocation Act

_....:.:;R:;;E.;;A=..L:.::P.;;R::.O:..P::.E:.:R..;T;.Y.:..._+-.....;;;.:...C;..:I.V=..I;=L=:.:R:..I_rGP:.H.:RTI=SSO.;;;.N:...:.::E.:.:R:..:P:..:E:..:T:..:IT.:.:I:..:O;.:.N~S 0 730 LaborlMgmt.Reportmg ~~~ i;i~4~1~~~~VI

0 895 Freedom of

0 210 Land Condemnation 0 220 Foreclosure

0 441 Voting X 442 Employment

0 510 Moltons to Vacate

& Disclosure Act t-F-E-D-E-RA-L-T-AX-S-U-I-T-S-IO 90oInfo:;,a~I~~tct 0 f Fee

Sentence

O 740 Railway Labor Act

DetennmatlOn

0 230 Rent Lease & EjectInent 0 443 Housmg!

0 240 Torts to Land

Accommodations

0 245 Tort Product LiabIlity 0 444 Welfare

0 290 All Other Real Property 0 440 Other Civil Rights

Habeas Corpus. 0 530 General 0 535 Death Penalty 0 540 Mandamus & Other 0 550 Civtl Rights

o 790 Other Labor Litigation 0 870 Taxes (U S Plaintiff or Defendant)

o 791 Empl. Ret. Inc
Secunty Act

o 871 IRS-Third Party
26 USC 7609

Under Equal Access to
o Justlce 950 ConstitutIonality of
o State Statutes 890 Other Statutory Actions

0 555 Prison Candillon

V. ORIGIN (PLACE AN "X" IN ONE BOX ONLY)

X 1 Original o 2 Removed from o 3 Remanded from

Proceedmg

State Court

Appellate Court

Transferred from

o

4 Reinstated or

0

5

another district (specify)

Reopened

o 6 Multidlstrict
Litigation

Appeal to

District

o

7

Judge from 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 Junsdlctlonal statutes unless diverSity,)

ThiS IS an acbon under Title VII of the CIVIl Rights Act of 1964, to correct unlawful employment practices on the baSIS ofrace, and to prOVide appropnate rehefto Abel Annendanz, who was adversely

affected by such practices. EEOC alleges that Defendant subjected Abel Annendanz to a hostIle work enVIronment, because of his race, Black

o VII. REQUESTED IN

CHECK IF THIS IS ACLASS ACTION DEMANDS

CHECK YES only If demanded in complamt:

COMPLAINT:

UNDER F.R.C.P. 23

JURY DEMAND:

X Yes 0 No

VIII. RELATED CASE(S)

(See instructIOns).

IF ANY

JUDGE _________________________ DOCKETNUMBER __________________

/l'tJ v DATE

:l(J():S

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY RECEIPT # _ _ _ _ AMOUN _ _ _ __

APPLYING lFP _ _ _ __

JUDGE _ _ _ __ MAG JUDGE _ _ _ _ _ __

JS 44 Reverse (Rev. 12/96)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44 Authority For Civil Cover Sheet

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?859598355838986-L_3...

CLOSED, CONSOLIDATED
U.S. District Court [LIVE] Western District of Texas (Midland) CIVIL DOCKET FOR CASE #: 7:05-cv-00096-RAJ

U.S. EEOC v. Endeavor Energy Assigned to: Judge Robert A. Junell Demand: $0 Case in other court: lead case, 7:05-cv-00010 Cause: 42:2000 Job Discrimination (Race)
Plaintiff
U.S. Equal Employment Opportunity Commission

Date Filed: 06/21/2005 Date Terminated: 04/06/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Leticia Dominguez Equal Employment Opportunity Commission 300 E. Main Suite 500 El Paso, TX 79901 (915) 534-6676 Fax: 915/534-6701 Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant Endeavor Energy Resources d/b/a Rig Movers Express

represented by C. H. Brockett, Jr. Brockett & McNeel, LLP P.O. Box 1841 Midland, TX 79702 (432) 686-7743 Fax: 432/683-6229 Email: hbrockett@brockettmcneel.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
06/21/2005 06/21/2005 07/15/2005

#

Docket Text

Case assigned to Judge Robert A. Junell (vt) (Entered: 06/22/2005)
1 Complaint filed. Filing Fee: $ 0 Receipt # 0 (Pages: 6) (vt) (Entered: 06/22/2005)
2 Notice of filing by U.S. EEOC Advosory to the court regarding consolidation of this case wtih civil action MO-05-CV-010. (vt) (Entered: 07/15/2005)

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5/31/2007 11:51 AM

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?859598355838986-L_3...

07/27/2005 07/29/2005
08/08/2005 04/06/2006

3 Answer by Endeavor Energy (vt) (Entered: 07/27/2005)
4 Scheduling order setting Deadline for filing of all motions 9/22/05 Discovery cutoff 12/22/05 ; Alternate Dispute Resolution Report due by 1/12/06 ; Jury Selection set for 9:00 5/1/06 ; Jury trial set for 9:00 5/1/06 , termed motions signed by Judge Robert A. Junell (vt) (Entered: 07/29/2005)
5 Order consolidating cases MO-05-CV-010 and MO-05-CV-096 signed by Judge Robert A. Junell (sm) Modified on 08/09/2005 (Entered: 08/09/2005)
Case closed (sm) (Entered: 04/06/2006)

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