• Case 6:06-cv-00285-WSS

Document 1

• Filed 09/29/2006

Page 1 of 6
FILED

IN THE UNITED STATES DISTRICT COURT

SEP

FOR THE WESTERN DISTRICT OF TEXAS

2 9 2006

WACO DIVISION

~~i~~R~·g· O/ST OT COURT

By

.

r OF TeXAS

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

B & A DANE LLC ET AL. DIB/A PRO-CUTS )

AND DANE FAMILY LIMITED

)

PARTNERSHIP DIB/A PRO-CUTS

)

PRO·CUTS

)

)

)

Defendants

)

)

CIVIL ACTION NO.
W06CA285
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This 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 ofrace and

to provide relief to Lois HalL The Commission alleges that Defendants violated Title VII by

reducing Ms. Hall's hours based on her race, Black, resulting in her constructive discharge.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §451, 1331, 1337,

1343, 1345. This action is authorized and instituted pursuant to Section 706(1)(f) and (3) of the

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

Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981A.

2. The employment practices alleged to be unlawful were and are now being

committed within the jurisdiction of the United States District Court for the Western District of

Texas, Waco Division.

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PARTIES 3. Plaintiff, Equal Employment Opportunity Commission of (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended, and is expressly authorized to bring this action by Sections 706(1)(1) and (3) of Title VII, 42 U.S.C. §2000e5(1)(1) and (3). 4. At all relevant times, Defendants, B & A Dane LLC et al. d/b/a Pro-Cuts and Dane Family Limited Partnership d/b/a Pro-Cuts (hereinafter "Defendants") have continuously been and are now doing business in the State of Texas and the City of Bellmead, and have continuously had at least fifteen employees. 5. At all relevant times, Defendants have continuously been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENTS OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Lois Hall filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least September 2005 the Defendants have engaged in unlawful employment practices at their Bellmead, Texas, facility in violation of Section 703(a) (1) of Title VII, 42 U.S.C. §2000e-2(a)(1), by reducing the work hours of Lois Hall and constructively discharging her from her emplyment due to her race, Black.

2

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8. The result ofthe foregoing practices has been to deprive Lois Hall of equal employment opportunities.
9. The unlawful employment practices complained of in paragraph 7, above, were intentional.
10. The unlawful employment practices complained of in paragraphs 7, above, were done with malice or with reckless indifference to the federally protected rights of Lois Hall.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of race, or which facilitates, condones or encourages employees to create or tolerate a racially hostile environment. B. Grant a permanent injunction enjoining the Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from retaliating against employees who oppose what they reasonably believe to be unlawful employment practices or who otherwise participate in Title VII proceedings. C Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Lois Hall and eradicate the effects of their past and present unlawful unemployment practices. D. Order the Defendants to make whole Lois Hall by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of Defendants' unlawful employment practices, including but not limited to rightful-place reinstatement or front pay in lieu of reinstatement.
3

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E. Order the Defendants to make Lois Hall whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 7, above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss often enjoyment of life, in amounts to be determined at trial.
F. Order the Defendants to pay Lois Hall punitive damages for their malicious conduct or reckless indifference described in paragraphs 7, above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOL YN YOUNG REAMS

Regional Attorney Oklahoma State Bar No. 011782
~.~ST~ Supervisory Trial Attorney Texas State Bar No. 04855720 EQUAL EMPLOYMENT OPPORTUNITY
4

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COMMISSION Dallas District Office 207 Houston, 3rd Floor
Dallas, Texas 75202
(214) 253-2760 (telephone) (214) 253-2749 (facsimile)

5

~S44 (R~ • ~IVIL S~EET. •In~ t" A,85 Case 6:06-cv-00285-WSS Document 1 Filed 09/29/2006 Page 6 of 6

COVER .. 1II04)

....

contam~d. supplem~nt rhe JS 44 cIVIl cover sheet.and the mformatlon

herem neither replace n<?r

the filing and serylce ofpleadI lJer erJJrequlr

law, e pt as pr!lyidec

'Y local rules ofcourt. ThIS form, approved by the JudIcial Conference ofthe Untted States m September 1974, IS reqUIred for the use oft e Clerk ofCourt for the purpose ofmttlatinB

he civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

[. (a) PLAINTIFFS
Equal Employment Opportunity Commission

DEFENDANTS
B& A DANE LLC ET AL. DIB/A PRO-CUTS AND DANE FAMILY LIMITED PARTNERSHIP DIB/A PRO-CUTS PROCUTS

(b) County of Residence of First Listed Plaintiff
(EXCEPT IN U.S. PLAINTIFF CASES)

County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONL Y)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

(c) Attorney's (Finn Name, Address, and Telephone Number)
TOBY W. COSTAS, EEOC, 207 S. HOUSTON, 3RD FL., DALLAS, TEXAS 75202 (214) 253-2756

Attomeys (If Known)

[I. BASIS OF JURISDICTION (place an "X" in One Box Only)

~I U.S. Government Plaintiff

o 3 Federal Question
(U.S. Government Not a Party)

:I 2 U.S. Government Defendant

o 4 Diversity
(Indicate Citizenship of Parties in Item JIl)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box forPlaintifl

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

0 I 0 I Incorporated Qr Principal Place

0 4 04

of Business In This State

Citizen of Another State

o2 0

o Incorporated and Principal Place

o 5

of Business In Another State

o 3 0 Foreign Nation

0606

[v. NATURE OF SUIT (Placean"X"inOneBoxOnIv)

CONTRACT

TORTS

FCRFE UREIPENALTY

:I 1\ 0 Insurance
:I 120 Marine :I 130 Miller Act

PERSONAL INJURY
o 310 Airplane o 315 Airplane Product

PERSONAL INJURY 0 610 Agriculture
0 362 Personal Injury - r:J 620 Other Food & Drug Med. Malpractice 0 625 Drug Related Seizure

:I 140 Negotiable Instrument

Liability

0 3.65 Personal Injury •

of Property 21 USC 881

:I 150 Recovery of Overpayment 0 320 Assault, Libel &

Product Liability 0 630 Liquor Laws

& Enforcement of Judgment

Slander

r:J 368 Asbestos Personal 0 640 RR. & Truck

:I 151 Medicare Act

0 330 Federal Employers'

Injury Product

0 650 Airline Regs.

::J 152 Recovery of Defaulted

Liability

Liability

0 660 Occupational

Student Loans

0 340 Marine

(Exc!. Veterans)

0 345 Marine Product

::J 153 Recovery of Overpayment

Liability

of Veteran's Benefits

0 350 Motor Vehicle

PERSONAL PROPERTY

SafetylHealth

o 370 Other Fraud

r:J 690 Other

o 371 Truth in Lending

.AIIOR

o 380 Other Personal

0 710 Fair Labor Standards

::J 160 Stockholders' Suits

0 355 Motor Vehicle

Property Damage

Act

., 190 Other Contract

Product Liability

r:J 385 Property Damage 0 720 LaborlMgmt. Relations

:I 195 Contract Product Liability 0 360 Other Personal

Product Liability 0 730 LaborlMgmt.Reporting

:I 196 Franchise

Injury

& Disclosure Act

REAL PROPERTY :I 210 Land Condemnation

CIVIL RIGHTS ~ 441 Voting

PRISONER PETITIONS 0 740 Railway Labor Act
ID 510 Motions to Vacate 0 790 Other Labor Litigation

., 220 Foreclosure

442 Employment

Sentence

r:J 791 Empl. Ret. Inc .

:I 230 Rent Lease & Ejectment r:J 443 Housing!

Habeas Corpus:

Security Act

:I 240 Torts to Land

Accommodations 0 530 General

:I 245Tort Product Liability

0 444 Welfare

r:J 535 Death Penalty

:I 290 All Other Real Property 0 445 Amer. wlDisabilities· 0 540 Mandamus & Other

Employment

0 550 Civil Rights

0 446 Amer. wlDisabilities- 0 555 Prison Condition

Other

0 440 Other Civil Rights

BANKRUP11 Y
o 422 Appeal 28 USC 158 o 423 Withdrawal
28 USC 157
PR
o 820 Copyrights o 830 Patent o 840 Trademark
E URITY
o 861 HIA (I 395ft) o 862 Black Lung (923) o 863 DIWCIDIWW (405(8» o 864 SSID Title XVI o 865 RSI (405(g))
FEDERAL TAX SUITS
o 870 Taxes (U.S. Plaintiff
or Defendant) r:J 871 IRS-Third Party
26 USC 7609

OTHER STATUTES
0 400 State Reapportionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce r:J 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit 0 490 Cable/Sat TV 0 810 Selective Service 0 850 Securities!Commodities!
Exchange
0 875 Customer Challenge
12 USC 3410
0 890 Other Statutory Actions 0 891 Agricultural Acts 0 892 Economic Stabilization Act 0 893 Environmental Matters 0 894 Energy Allocation Act r:J 895 Freedom of Infonnation
Act
0 900Appeal of Fee Detenninatiol
Under Equal Access
to Justice
0 950 Constitutionality of
State Statutes

V. ORIGIN
I '..;f1 Original Proceedin

(Place an "X" in One Box Only)

O 2 Removed from

0 3 Remanded from

State Court

A ell ate Court

0 4

0 5 Transferred from 0 6

Reinstated or

anoth~r district

Multidistrict

Reo ened

s eel

Liti ation

o Appeal to District 7 Judge from Magistrate Jud ment

Cite the U.S. Cixij StatuRte \Inder whiclty.0ujlre filing (Do }lot cite iuri~dictionlll..sta(vtt.s.upiess diversity}: Title VII of CIVil 19hts Act of 1904, as amended, ana TItle I 01 Civil Klghts Act 01 1991.

VI. CAUSE OF ACTION Briefdescription of cause:

Defendant violated Title VII by reducing CP Hall hours based on race, Black, resulting in constructive discharge

VII. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $

CHECK YES only if demanded in complaint:
JURY DEMAND: 0 Yes 0 No

VIII. RELATED CASE(S)

IF ANY

(See instructions): JUDGE

DOCKET NUMBER

)ATE
:~OR OFFICE USE ONLY

SIGNATURE OF ATTORNEY OF RECORD
0-0~ Co ~ I ~ i/()t:.

-------- RECEIPT #

------------- AMOUNT

APPL YING IFP

JUDGE

MAG. JUDGE

 
 .~.~ C,,ase 6:06-cv-OO285-WSS Document 6 Filed 10/19/2006 Page 1 of 6

FILED IN THE UNITED STATES DISTRICT couRT
FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

B & A DANE LLC ET AL. D/B/A PRO-CUTS AND DANE FAMILY LIMITED PARTNERSHIP D/B/A PRO-CUTS,
Defendants.

Civil Action No. W,06-CV-285 JURY TRIAL DEMAND

PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S FIRST AMENDED COMPLAINT 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 relief to Lois Hall, who was adversely affected by such practices. The Equal Employment Opportunity Commission alleges that Defendants violated Title VII by subjecting Lois Hall to a hostile work environment and reducing her hours based on her race, Black. As a result of the racial harassment and reduction of hours, the conditions of her employment were made so intolerable that she was forced to resign her position.
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 706(0(1) and (3) of

C, ase 6:06-cv-OO285-WSS Document 6 Filed 10/19/2006 Page 2 of 6

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 and are now being

committed within the jurisdiction of the United States District Court for the Western District of

Texas, Waco 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 Title 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, B & A Dane LLC et al. d/b/a Pro-Cuts

(hereinafter "Defendant B&A Dane") has continuously been a Texas corporation doing business

in the State of Texas and the City of Bellmead, and has continuously had at least fifteen

employees.

5. At all relevant times, Defendant, B&A Dane 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).

6. At all relevant times, Defendant, Dane Family Limited Partnership d/b/a Pro-Cuts

(hereinafter "Defendant Dane Family") has continuously been a partnership doing business in the

State of Texas and the City of Bellmead, and has continuously had at least fifteen employees.

7. At all relevant times, Defendant, Dane Family 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).

C, ase 6:06-cv-OO285-WSS Document 6 Filed 10/19/2006 Page 3 of 6
STATEMENTS OF CLMMS 8. More than thirty days prior to the institution of this lawsuit, Lois Hall filed a charge with the Commission alleging violations of Title VII by Defendants, B&A Dane and Dane Family. All conditions precedent to the institution of this lawsuit have been fulfilled. 9. Since at least October 2002 Defendants, B&A Dane and Dane Family have engaged in unlawful employment practices at their Bellmead, Texas facility in violation of Section 703(a)(1) of Title VII, 42 U.S.C. §2000e-2(a), by subjecting Lois Hall to a hostile work environment and reducing her hours based on her race, Black, as a result of which her conditions of employment were made so intolerable that she was forced to resign her position. 10. The effect of the practices complained of in paragraph nine has been to deprive Lois Hall of equal employment opportunities, and to otherwise adversely affect her status as an employee because of her race, Black:, 11. The unlawful employment practices complained of in paragraph nine above were intentional. 12. The unlawful employment practices complained of in paragraph nine above were done with malice or with reckless indifference to the federally protected rights of Lois Hall.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, B&A Dane and Dane Family, their officers, successors, assigns, and all persons in active concert or participation with them, from engaging in conduct which results in a hostile work environment, reduction of hours and constructive discharge based on race and any other employment practice which discriminates on the basis of race;

Case 6:06-cv-OO285-WSS Document 6 Filed 10/19/2006 Page 4 of 6
B. Order Defendants, B&A Dane and Dane Family, to institute and carry out policies, practices, and programs which provide equal employment opportunities for Blacks, and which eradicate the effects of their, past and present unlawful unemployment practices;
C. Order Defendants, B&A Dane and Dane Family, to make whole Lois Hall 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 their unlawful employment practices, including but not limited to reinstatement or front pay in lieu of reinstatement;
D. Order Defendants, B&A Dane and Dane Family, to make whole Lois Hall by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph nine above, including but not limited to, relocation expenses, medical expenses and job search expenses, in an amount to be determined at trial;
E. Order Defendants, B&A Dane and Dane Family, to make whole Lois Hall by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph nine above, including, but not limited to, emotional pain, suffering, humiliation, anxiety, inconvenience, mental anguish, and loss of enjoyment of life, in an amount to determined at trial;
F. Order Defendants, B&A Dane and Dane Family, to pay Lois Hall punitive damages for their malicious and/or reckless conduct described in paragraph nine, above, in an amount to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action.
4

Case 6:06-cv-00285-WSS Document 6 Filed 10/19/2006 Page 5 of 6
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by its Amended Complaint.
Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOKING REAMS
//Regional Atton/e’y ~, 7"~.,,~’t,’~r"~ "" ~ Oklahoma State B~ No. 011782
e~isory Trigl Attorney " ¢ xas State Bar No. 04855720
2 ~xas State Bar No. 19708300
EDW~ JU~Z Trial Attorney Texas Stme Bar No. 24014498 edu~do.iuarez@eeoc.gov

Case 6:06-cv-OO285-WSS Document 6 Filed 10/19/2006 Page 6 of 6
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

 
 • Case 6:06-cv-00285-WSS

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.~ FILED Filed 06/06/2007 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION

JUN 0 6 2007
~l~'W~'~I~~ eft~1~
i~ Wi . g~~~n E~~ij~''''

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

V.

)

)

B &A DANE LLC ET Al. D/B/A PRO-CUTS )

AND DANE FAMILY LIMITED

)

PARTNERSHIP D/B/A PRO-CUTS,

)

)

Defendants.

)

CIVIL ACTION NO.: W-06-CA-285 ECF

CONSENT DECREE

The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendants, B & A Dane LLC, et

ai, d/b/a Pro-Cuts and Dane Family Limited Partnership d/b/a Pro-Cuts ("Defendants").

This Consent Decree resolves the allegations raised by the EEOC in the abovereferenced Civil Action No. W-06-CV-00285. 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. EEOC's Complaint alleged unlawful employment practices and sought relief on

behalf of Lois Graves (formerly known as Lois Hall), who EEOC alleged was adversely

affected by such practices. The EEOC alleged that Defendants discriminated against

LOis Graves because of her race (Black) by subjecting her to a hostile work environment

and reducing her hours because of her race, and the EEOC alleged that as a result of

the racial harassment and reduction of hours, the conditions of her employment were

made so intolerable that she was forced to resign her position. Defendants denied

violating Title VII, Title " or any other the law, and denied the EEOC and Lois Graves

CONseNT DeCREE

PAGE 1

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were entitled to any relief. The EEOC and Defendants wish to settle this action, without the risks, uncertainties and expenses of continued litigation, under the terms set forth in this Consent Decree. By entering into this Consent Decree, Defendants make no admission of liability or wrongdoing and make no admission that their alleged conduct was improper, discriminatory or illegal in any respect.
IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction over 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. This Consent Decree resolves all issues raised in the EEOC's Complaint. Additionally, this Consent Decree resolves all issues raised in the Charge of Discrimination which Lois Hall filed with the EEOC, Charge no. 31 O~2006·00699. The EEOC waives further litigation of all issues raised in the above-referenced Complaint and Charge. 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 either or both Defendants. 3. The duration of this Decree shall be forty-two (42) months from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Decree and may enter such further' orders or modifications as may be appropriate. Should any disputes under this Decree remain unresolved after this fortytwo (42) month period, the term of the Decree shall be automatically extended, and the Court will retain jurisdiction of this matter to enforce the Consent Decree, until such time as all disputes have been resolved.

CONSENT DECREE

PAGE 2

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4. Defendants agree that, during the term of this Consent Decree,
Defendants shall not discriminate against any employee on the basis of race, and they
shall not engage in any other act or practice which has the purpose or effect of unlawfully discriminating against any past, present, or future employee or applicant for
employment on the basis of race.
5. Defendants agree that within ninety (90) days of the entry of this Consent
Decree, their non-discrimination policy meets the following criteria: (a) Prohibits discrimination against employees and/or applicants for employment on the basis of race and specifically prohibits any act, policy or practice that has the effect of harassing or intimidating any employee on the basis of race, in violation of Title VII;
(b) Provides that the complaints of race discrimination can be made either in writing or verbally; and
(c) Provides for prompt investigation of race discrimination complaints and for prompt action, which is appropriate and effective, to remedy the discrimination.
6. Defendants agree that, during the term of this Consent Decree,
Defendants shall, in settlement of this dispute, pay the total sum of Fifty Thousand
Dollars ($50,000.00) as follows: First payment of $3,571.43 shall be due on or before
June 1, 2007. Like payments of $3,571.43 shall be due on or before September 1,
2007; December 1, 2007; March 1, 2008; June 1, 2008; September 1, 2008; December
1, 2008; March 1. 2009; June 1, 2009; September 1, 2009; December 1, 2009; March 1,
2010; and June 1, 2010. Defendants agree the final payment of $3,571.41 shall be due on or before September 1, 2010.
Defendants agree to mail the payments directly to Lois Graves in care of
Claude Giles, Esq., P.O. Box 609, Waco, Texas 76703, unless Mr. Giles provides

CONSENT DECREE

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reasonable advance written notification to Defendants, through their attorney, of a different address for Lois Graves in which case Defendants agree to mail payments subsequent to the notification to the different address for Lois Graves. Defendants agree to forward a copy of each settlement check and any accompanying transmittal documents to the EEOC to the attention of Robert B. Harwin, Associate Regional Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
7. Defendants agree that if Bob Dane or Defendants' District Manger is contacted for a written and/or oral reference pertaining to Lois Graves, they shall provide a neutral reference, and Defendants agree in such circumstances they shall make no reference to any matters arising under or relating to Ms. Graves' charge of discrimination or the filing of this civil action. This provision shall survive the expiration of this Consent Decree.
8. Defendants agree that within ten (10) business days after entry of this Consent Decree, Defendants shall post copies of the EEOC poster entitled "Equal Employment is the Law" at its facilities in conspicuous locations easily accessible to and commonly frequented by employees. Defendants agree the EEOC posters shall remain posted for the duration of this Consent Decree. Defendants agree to ensure that the EEOC posters are not altered, defaced or covered by any other material. Defendants agree to certify to the EEOC in writing within ten (10) business days after entry of this Consent Decree that the EEOC posters have been properly posted.
9. Defendants agree that within one hundred eighty (180) days of the date of entry of this Consent Decree, Defendants shall provide training concerning the prohibitions on racial discrimination and harassment to Defendants' managers and/or

CONSENT DECREE

PAGE 4

• Case 6:06-cv-00285-WSS

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supervisors. Defendants agree to send EEOC a copy of the training materials at least

ten (10) days before any training session occurs. The Commission reserves the right to

approve of the training.

10. During the term of this Consent Decree, the EEOC shall have the right to

ensure compliance with the terms of this Decree.

11. The terms of this Decree shall be binding upon the EEOC and

Defendants, their agents, officers, employees, servants, successors, and assigns, as to

the issues resolved herein.

12. Defendants will bear all cost associated with implementing the provisions

of this Consent Decree.

13. Except as provided herein, the parties to this Decree shall bear their own

costs and attorney's fees. Furthermore, the parties agree that pursuant to § 706(k) of

Title VII, 42 U.S.C. § 2000e-5(k), there is no "prevailing party" in this action or

proceeding.

SO ORDERED.

~, Signed this - ' - day of

2007.

WA~IMt
CHIEF UNITED STATES DISTRICT JUDGE

CONSENT DECREE

PAGES

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Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
lsI Robert A. Canino wlpermission by Edward Juarez
ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 011782
lsi Robert B. Harwin with permission by Edward Juarez
ROBERT B. HARWIN Associate Regional Attorney District of Columbia Bar No. 076083
lsI Judith G. Taylor with permission by Edward Juarez
JUDITH G. TAYLOR Supervisory Trial Attorney Texas State Bar No. 19708300 Judith. Taylor@eeoc.gov

CONSENT DECREE

PAGE 6

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• Case 6:06-cv-00285-WSS

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/s/ Rory Divin with permission by Edward Juarez
RORY DIVIN Attorney at Law Texas Bar No. 05902800 rdivin@mcdonaldlaw.com
McDONALD SANDERS, A Profession Corporation Carter-Burgess Plaza, Suite 1300 Fort Worth, Texas 76102 Telephone: (817) 336-8651 Facsimile: (817) 334-0271
ATTORNEY FOR DEFENDANTS

/s/ Edward Juarez
EDWARD JUAREZ Trial Attorney Texas Bar No. 24014498 Eduardo.juarez@eeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Facsimile: (210) 281-281-7669 ATTORNEYS FOR PLAINTIFF

CONSENT DECREE

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U.S. District Court [LIVE] Western District of Texas (Waco) CIVIL DOCKET FOR CASE #: 6:06-cv-00285-WSS

CLOSED

Equal Employment Opportunity Commission v. B & A Dane LLC Date Filed: 09/29/2006

et al

Date Terminated: 06/06/2007

Assigned to: Judge Walter S. Smith

Jury Demand: Plaintiff

Cause: 42:2000e Job Discrimination (Employment)

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Robert A. Canino Equal Employment Opportunity Commission San Antonio Field Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669

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V. Defendant B & A Dane LLC doing business as Pro-Cuts
Defendant Dane Family Limited Partnership doing business as Pro-Cuts
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LEAD ATTORNEY ATTORNEY TO BE NOTICED
Toby W. Costas U.S. Equal Employment Opportunity Commission 207 S. Houston Street 3rd Floor Dallas, TX 75202 (214) 253-2760 Fax: (214) 253-2749 Email: toby.costas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Rory Divin McDonald Sanders, P.C. Carter-Burgess Plaza 777 Main Street Suite 1300 Fort Worth, TX 76102 (817)336-8651 Fax: (817)334-0271 Email: rdivin@mcdonaldlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Russell Alan Devenport McDonald Sanders P.C. 777 Main Street Suite 1300 Fort Worth, TX 76107 (817) 336-8651 Fax: (817) 334-0271 Email: rdevenport@mcdonaldlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Rory Divin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Russell Alan Devenport (See above for address)
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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006 09/29/2006 10/02/2006 10/17/2006 10/18/2006
10/19/2006 10/27/2006 11/22/2006 11/22/2006 11/30/2006 11/30/2006 01/05/2007
01/05/2007

# Docket Text
1 COMPLAINT , filed by Equal Employment Opportunity Commission.(mc, ) (Entered: 10/02/2006)
2 Certificate of Interested Persons filed by Equal Employment Opportunity Commission. (mc, ) (Entered: 10/02/2006)
3 Summons Issued as to Bobby Dane, Registered Agent for B & A Dane LLC, and Dane Family Limited Partnership. (mc, ) (Entered: 10/02/2006)
4 MOTION to Amend Complaint by Equal Employment Opportunity Commission. (Juarez, Edward) (Entered: 10/17/2006)
5 DEFICIENCY NOTICE: to attorney Edward Juarez re 4 MOTION to Amend Complaint **COMPLAINTS OF ANY TYPE MUST BE FILED IN THE TRADITIONAL MANNER, NOT ELECTRONICALLY. ATTORNEY IS INSTRUCTED TO REFILE THE DOCUMENT WITH THE CLERK'S OFFICE.** (ct, ) (Entered: 10/18/2006)
6 AMENDED COMPLAINT against B & A Dane LLC, Dane Family Limited Partnership amending 1 Complaint filed by Equal Employment Opportunity Commission.(mc, ) (Entered: 10/23/2006)
7 NOTICE of Attorney Appearance by Judith G. Taylor on behalf of Equal Employment Opportunity Commission (as, ) (Entered: 10/31/2006)
8 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission as to Dane Family Limited Partnership. Waiver sent on 10/25/2006, answer due 12/25/2006. (mc, ) (Entered: 11/27/2006)
9 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission as to B & A Dane LLC. Waiver sent on 10/25/2006, answer due 12/25/2006. (mc, ) (Entered: 11/27/2006)
10 ANSWER to Amended Complaint by B & A Dane LLC, Dane Family Limited Partnership.(sm3, ) (Entered: 12/01/2006)
11 RULE 7 DISCLOSURE STATEMENT filed by B & A Dane LLC, Dane Family Limited Partnership. (sm3, ) (Entered: 12/01/2006)
12 SCHEDULING ORDER: Jury Selection set for 10/1/2007 09:30 AM before Honorable Walter S. Smith. Jury Trial set for 10/1/2007 09:30 AM before Honorable Walter S. Smith. ADR Report Deadline due by 3/5/2007. Amended Pleadings due by 6/5/2007. Discovery due by 7/5/2007. Joinder of Parties due by 5/4/2007. Motions due by 7/5/2007. Signed by Judge Walter S. Smith. (mc, ) (Entered: 01/05/2007)
13 Order Concerning Courtroom Decorum and Trial Procedures.. Signed by Judge Walter S. Smith. (mc, ) (Entered: 01/05/2007)

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01/09/2007 01/09/2007 01/29/2007 02/06/2007 02/28/2007 02/28/2007 03/01/2007 05/31/2007 06/06/2007 06/06/2007

14 Joint Rule 26(f) Report by Equal Employment Opportunity Commission, B & A Dane LLC, Dane Family Limited Partnership. (Juarez, Edward) Modified on 1/9/2007 to include all filers.(kc, ). (Entered: 01/09/2007)
Notice of Correction: re 14 Status Report. Modified by Clerk to include all filers. (kc, ) (Entered: 01/09/2007)
15 Joint MOTION for Protective Order by Equal Employment Opportunity Commission, B & A Dane LLC, Dane Family Limited Partnership. (Attachments: # 1)(Juarez, Edward) (Entered: 01/29/2007)
16 PROTECTIVE ORDER. Signed by Judge Walter S. Smith. (mc, ) (Entered: 02/06/2007)
17 Certificate of Interested Parties Designation of Qualified Person Under Protective Order by B & A Dane LLC. (Divin, Rory) (Entered: 02/28/2007)
18 Certificate of Interested Parties Designation of Qualified Person Under Protective Order by Dane Family Limited Partnership. (Divin, Rory) (Entered: 02/28/2007)
19 ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by Equal Employment Opportunity Commission, B & A Dane LLC, Dane Family Limited Partnership(Juarez, Edward) (Entered: 03/01/2007)
20 Joint MOTION for Settlement To Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Consent Decree# 2 Proposed Order)(Juarez, Edward) (Entered: 05/31/2007)
21 Consent Decree (mc, ) (Entered: 06/11/2007)
22 JUDGMENT and Order Entering Consent Decree. Signed by Judge Walter S. Smith. (mc, ) (Entered: 06/11/2007)

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