~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 reouired /"q~’y-q~ except as orovkde~by local rules &court. This form, approved by the Judicial (~onference of the United States in September 1974, is required for the ""x,~e of~e/Clerk’°~’O0~f~ }-he~x., i,-,x ~,,-" purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

O~S. Equal Employment Opportamty Commission

SHENG-W~II~ &A~E~N~, 1~ 9a 9 D SUMMERWOOD APARTMENTS

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

County of Residence of First Li~te~t Defendant

(CI~oI~U~ ~LA~(~_ ,,~ D

NOTE ¯ IN LAND

. ........... U .....

LAND INVOLV~

. LGCAT:C N OF ITIE

(C) Attorney’s (Finn Name, Address, and Telephone Number)
Ronetta Francis, Senior Trial Attorney EEOC-Dallas District Office 207 South Houston St., 3~a Floor Dallas, TX 75202 (214) 253-2746

Attomeys (If Known)

CLERK, U.’~. D~STR~CT COURT NORTHERN DISTRICT, OF TEXAS _

II. BASIS OF JURISDICTION (Place an "X" m One Box Only)

X 1 U S Government [] 3 Federal Question

Plaintiff

(U S. Government Not a Party)

III. CITIZENSHIP OF

?AL PARTIES(Place an "x" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

C~ttzen of This State

[] 1 [] 1 Incorporated or Principal Place [] 4 [] 4

of Business In This State

[] 2 U.S Govemment Defendant

[] 4 Diversity (Indicate Citizenship of Parties in Item III)

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

[] I 10 Insurance [] 120 Manne [] 130 MdlerAct [] 140 Negottable Instrument
[] 150 Recovery of Overpayment & Enforcement of Judgment
[] 151 Methcare Act [] 152 Recovery of Defaulted
Student Leans
(ExcL Veterans) [] 153 Recovery of Overpayment
of Veteran’s Benefits
[] 160 Stockholders’ Suits [] 190 Other Con~’act
[] 195 Contract Product Ltability

PERSONAL INJURY [] 3 l0 barplane [] 315 karplane Product
Liability
[] 320 Assault, Libel & Slander
[] 330 Federal Employers’ Liability
[] 340 Marine [] 345 Manne Product
Liability [] 350 Motor Vetncle
[] 355 Motor Vehtcle Product Liability
[] 360 Other Personal InJury

PERSONAL INJURY [] 362 Personal Injury--
Med Malpracttce
[] 365 Personal Injury -Product Liability
[] 368 Asbestos Personal Injury Product Liability
PERSONAL PROPERTY [] 370 Other Fraud [] 371 Truth m Lenthng [] 380 Other Personal
Property Damage [] 385 Property Damage
Product Liability

REAL PROPERTY

CIVIL RIGHTS PRISONER PETITIONS

[] 210 Land Condemnation [] 220 Foreclosure [] 230 Rent Lease & Ejectment [] 240 Torts to Land [] 245 Tort Product Liability [] 290 All Other Real Property

[] 441 Voting X 442 Employment [] 443 Housing/
Accommodations [] 444 Welfare [] 440 Other Ciwl Rights

[] 510 Motaons to Vacate Sentence
Habeas Corpus: [] 530 General [] 535 Death Penalty [] 540 Mandamus & Other [] 550 Civil Rights
[] 555 Prison Condition

Citizen of Another State [] 2 [] 2 Incorporated and Principal Place [] 5 [] 5 of Business In Another State

Citizen or Subject of a [] 3 [] 3 Foreign Nation Foreign Count~

[] 6 [] 6

FORFEITURE/PENALTY
[] 610 Agriculture [] 620 Other Food & Drug [] 625 Drug Related Seizure
of Property 21 USC [] 630 Liquor Laws [] 640 R R. &Truck [] 650 Airline Regs [] 660 Occupational
Safety/Health [] 690 Other
LABOR
[] 710 Fmr Labor Standards Act
[] 720 Labor/Mgmt. Relations
[] 730 Labor/Mgmt.Reportmg & Disclosure Act
[] 740 Railway Labor Act
[] 790 Other Labor Litigation
[] 791 Empl Ret. Inc. Security Act

BANKRUPTCY
1~22 Appeal 28 USC 158
15923 Withdrawal 28 USC 157
PROPERTY RIGHTS
1~20 Copyrights [5]]30 Patent Z~40 Trademark
SOCIAL SECURITY
[~61 Ilia (1395ff) VR62 Black Lung (923) [2863 DIWC/DIWW (405(g)) 1~64 SSID Title XVI 1~65 RSI (405(g))
FEDERAL TAX SUITS
VI170 Taxes (U.S Plaintiff or Defendant)
[]71 IRS--Third Party 26 USC 7609

OTHERSTATUTES
[] 400 State Reapporttonment
[] 410 Antitrust [] 430 Banks and Banking
[] 450 Commerce/lCC Rates/etc [] 460 Deportation [] 470 Racketeer Influenced and
Corrupt Organizations [] 810 Selective Serxqce
[] 850 Secufities/Commodtues/ Exchange
[] 875 Customer Challenge 12 USC 3410
[] 891 Agricultural Acts [] 892 Economtc Stabilization Act
[] 893 Environmental Matters [] 894 Energy Allocation Act
[] 895 Freedom of Information Act
[] 900 Appeal of Fee Determination Under Equal Access to Justice
[] 950 Constitutionality of State Statutes
[] 890 Other Statutory Actions

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

X 1 Original [] 2 Removed from

Proceeding

State Court

[] 3 Remanded from Appellate Court

Transferred from another d~strict [] 4 Reinstated or [] 5 (specify) Reopened

VL CAUSE OF ACTION Do not cite ju(CriistedtihcetiUoSnaClivsitlaSttuattuetesuunndeler swshidch~yvoeursarletyfi.l)ing and write bnef statement of cause.

[] 6 Multidtstrict Litigation

Appeal to District Judge from
[] 7 Magistrate Judgment

The Commission alleges that Defendant, Sheng-Raamco Management, Inc. d/b/a Summerwood Apartments, unlawfully retaliated against Nannette Gill by termil!ating her employment because of her opposition to employment practices believed to be unlawful under Title

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S) IF ANY

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

(See instructions):

JUDGE

DEMAND $

DATE [

" A _..)_

ISIGNA,T(~ OF ATTORNEY OF REC_~ILp ,

CHECK YES only if demanded in complaint:

JURY DEMAND:

X Yes [] No

DOCKET NUMBER

FOR OFFICE USE ONLY RECEIPT #

AMOUN

APPLYING IFP

JUDGE

MAG JUDGE

N THE UNITED STATES DISTRICT ~’~iI~ERN DtS’tRIC~r OF I"EXAS

\ ~

FOR THE NORTHERN DISTRICT OF~EXASI

DALLAS DIVISION

x/ V
EQUAL EMPLOYMENT OPPORTUNITY } COMMISSION, Plaintiff,

I CLERK’, U.S. D~~OURT

SHENG-RAAMCO MANAGEMENT, INC. d/b/a SUMMERWOOD APARTMENTS,
Defendant.

COMPLAINT (JURY DEMANDED)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Party Nannette Gill. The Commission alleges that the Defendant, Sheng-Raamco Management, Inc. d/b/a Summerwood Apartments, unlawfully retaliated against Ms. Gill by terminating her employment because of her opposition to employment practices believed to be unlawful under Title VII.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451,1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e5(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 committed within the

COMPLAINT

1

jurisdiction of the United States District Court for the Northern District of Texas. PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an 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(a) of Title VII, 42 U.S.C. Section 2000e-5(a).
4. At all relevant times, Defendant, Sheng-Raamco Management, Inc. d/b/a Summerwood Apartments, has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees.
5. At all relevant times, Defendant has continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms. Gill filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about December 11, 2002, Defendant unlawfully terminated Ms. Gill’s employment in retaliation for her opposition of a discriminatory act, in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a). 8. The effect of the practices complained of above has been to deprive Ms. Gill of equal employment opportunities and otherwise adversely affect her status as an employee. 9. The unlawful employment practices complained of in paragraph 7, above, were

COMPLAINT

2

intentional. 10. The unlawful employment practices complained of in paragraph 7, above, were done
with malice or reckless indifference to the federally protected rights of Ms. Gill. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Sheng-Raamco Management, Inc. d/b/a Summerwood Apartments, its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Ms. Gill and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Ms. Gill by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, front pay, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place reinstatement of Ms. Gill. D. Order the Defendant to make whole Ms. Gill by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial. E. Order the Defendant to make whole Ms. Gill by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above,

COMPLAINT

3

in amounts to be determined at trial. F. Order the Defendant to pay punitive damages for its malicious or reckless conduct
described in paragraph 7, above, in amounts to be determined at trial. G. Grant such further relief as the Court deems necessary and proper. 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 the complaint.

COMPLAINT

4

Respectfully submitted,
ERIC S. DREIBAND General Counsel
GWENDOLYN Y. REAMS Deputy Gen.eral~ounsel __
~. CANINO Regional Attorney Oklahoma State Bar No. 011782
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2746 (214) 253-2749 (FAX)

COMPLAINT

5

 
 . "

u.s. DISTRICT COURT

NORllIERN DISTRICT OF TEXAS

FILED

IN THE UNITED STATES DISTRICT CURT

FOR THE NORTHERN DISTRICT OF T XAS

DALLAS DIVISION

~DlSnucr~VltT

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

SHENG-RAAMCO MANAGEMENT, INC., )

d/b/a SUMMERWOOD APARTMENTS, )

)

Defendant.

)

)

Deputy
CIVIL ACTION NO. 3:04-CV-2099-D

ORDER

Came on to be heard Plaintiffs Motion to Quash, Motion for Protective Order and

Defendant's Motion to Strike Plaintiffs Objections and Compel Responses to Defendant's First

Requests for Production and First Set of Interrogatories and Defendant's Response to Plaintiff

EEOC's Motion to Quash and Motion for Protective Order, and after reviewing the evidence and

arguments of counsel, the Court issues the following Order. The Plaintiff s Motion to Quash is

GRANTED in part and DENIED in part. Defendant's Motion to Compel is GRANTED in part

and DENIED in part.

It is ORDERED, ADJUDGED AND DECREED that any employment documents

gathered by Gill Records Service as a result of the Notice oflntention to Take a Written

Deposition served by the Defendant on:

A. The Parks at Arlington, B. Sierra Point Apartments, C. Glamour Shots-Corporate Office, and D. Cedar Hill Nursing Home

· .
will be sent immediately by mail to the EEOC for inspection. These records will be sent to Bill Backhaus, Sr. Trial Attorney, EEOC, 207 S. Houston, Dallas, Texas 75202 (telephone 214-2532742.) The EEOC will inspect the documents and within 10 days of receipt, produce to the Defendant all employment documents relating to Ms. Gill's dates of employment, job description, duties, work performance, attendance records, W-2 forms and 1099 forms. If any medical records are produced as a result of these Notices for Depositions on Written Questions, EEOC will review the records and produce to the Defendant only those medical records that bear on any mental or physical condition that Ms. Gill suffered as a result of her termination by the Defendant. Within 10 days of receipt, EEOC will provide the Defendant with a privilege log listing by date, description and signatory, any of these documents withheld from production by the EEOC based on asserted privileges or Ms. Gill's privacy concerns. Within 10 days of receipt of the documents from Gill Records Service, the EEOC will mail these documents to Ryan Griffitts, Thompson, Coe, Cousins & Irons L.L.P., 700 N. Pearl Street, 25th floor, Dallas, Texas 75201-2832.
It is HEREBY ORDERED, ADJUDGED and DECREED that within 10 days from the entry of this order, the EEOC will provide to Defendant an answer to Interrogatory 14 for the time period of five (5) years before Charging Party went to work for Defendant to the present. Within 10 days after the entry of this order, the EEOC also will provide the Defendant with an answer to Interrogatory 15. Also within 10 days from the entry of this order, the EEOC will produce documents in response to the Defendant's Request for Production 18 (a-e) and (g-j). With regard to Request for Production 19, EEOC is ordered to inform the Defendant whether or not Ms. Gill held other employment concurrent to her work with Sheng-Raamco. If the answer is
Page -2-

· .
yes, the EEOC will respond to Request No. 19. EEOC is ordered to respond to Defendant's Request for Production 21.
It is HEREBY ORDERED, ADJUDGED and DECREED that on or about 10 days from the entry of this Order, EEOC will provide a limited response to Defendant's Interrogatory No. 17, by providing only a list of all physicians, psychiatrists, psychologists or healing practitioners seen by Charging Party Nanette Gill from 2000 to 2005.
In all other respects, the EEOC's Motion to Compel and Motion for Protective Order and Defendant's Motion to Strike Plaintiffs Objections and Compel Responses to Defendant's First Requests for Production and First Set ofInterrogatories and Defendant's Response to Plaintiff EEOC's Motion to Quash and Motion for Protective Order are DENIED.
Page -3-

 
 NOR1'IIERN DISTRICT OF TEXAs
FILED

IN THE UNITED STATES DISTRICT C FOR THE NORTHERN DISTRICT OF

1
DEC-S.

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

I
~~~ U/tljCTCOURT

}

Dep uty

Plaintiff,

}

}

v.

} No.3:04-CV-2099-D

}

SHENG-RAAMCO MANAGEMENT,

}

INC., d/b/a SUMMERWOOD

}

APARTMENTS,

}

}

Defendant.

}

------------------------------}

CONSENT DECREE

THIS CONSENT DECREE is made and entered into by and between the Equal Employment

Opportunity Commission ("EEOC"), and Sheng-Raamco Management, Inc., d/b/a Summerwood

Apartments ("Summerwood") in the United States District Court for the Northern District ofTexas,

with regard to the EEOC's Complaint filed on September 28,2004 (Complaint), in Civil Action No.

3:04-CV-2099-D. The Complaint is based upon a Charge of Discrimination filed by Nanette Gill,

Charging Party, against the Defendant employer.

The above-referenced Complaint alleges that the Defendant Summerwood violated Title VII

of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by subjecting Ms. Gill

to retaliation for engaging in a protected activity. The Defendant employer denies that it retaliated

against Ms. Gill.

The EEOC, Ms. Gill and Defendant Summerwood agree to compromise and settle the

differences embodied in the Complaint and intend that the terms and conditions ofthe compromise

and settlement be set forth in this Consent Decree ("Consent Decree").

Consent Decree

1

NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge No. 310200307173. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC and Ms. Gill waive further claims and/or litigation on all issues raised in the above-referenced Charge and Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charge.
2. The parties agree that this Consent Decree does not constitute an admission by Summerwood ofany violation ofTitle VII. This Consent Decree does not constitute an adjudication and/or finding on the merits of the case, and shall not be used as evidence ofliability, res judicata, parent liability or collateral estoppel in any other legal proceeding against Defendant or any of its parent companies, subsidiaries and/or affiliates. The Defendant expressly denies any violation of local, state or federal law, common or statutory, including but not limited to, Title VII of the Civil Rights Act of 1964, as amended or Title I of the Civil Rights Act of 1991.
3. Defendant agrees that they shall conduct all employment practices in a manner which does not subject any employee to discrimination as prohibited by Title VII of the Civil Rights Act of 1964. Defendant further agrees that there shall be no retaliation against any employee because that person has opposed any practice made unlawful under Title VII, or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII.
4. Defendant agrees to post the Notice appended hereto as Attachment "A" on the

Consent Decree

2

employee bulletin board at all Defendant's work sites in the DallaslFort Worth Metroplex Area within ten (10) days after the entry of the Consent Decree. Defendant will report to the EEOC that it has complied with this requirement within 14 days after posting the Notice. The Notice shall remain posted during the term of the Consent Decree.
5. The Defendant agrees to immediately implement and/or review and revise its policies regarding retaliation as prohibited by Title VII including, if not now existing, the implementation and notice of a complaint procedure for employees to notify Defendant of any alleged complaints of discrimination.
6. For the calendar years 2006 and 2007, Defendant agrees to conduct training for all employees in the Dallas/Fort Worth Metroplex area, including management employees, advising them of the requirements and prohibitions of the federal anti-discrimination laws with a special emphasis on retaliation. The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees ofthe consequences of violating the federal anti-discrimination laws. The training shall be at least one (1) hour in duration. No less than 10 days before the training is conducted, Defendant agrees to give written notice to the EEOC as to the date and location of the training, the name and qualifications of the person providing the training and the substance of the training. All materials used in conjunction with the training shall be forwarded to the EEOC. Within 20 days following the training, Defendant shall submit to the EEOC confirmation that the training was conducted and a copy of all materials used in conjunction with the training.
7. Defendant agrees to remove from all personnel files of Nanette Gill ail documents, entries and references relating to the charge and the complaint filed by the EEOC in federal court

Consent Decree

3

based upon her charge.

8. Defendant agrees to pay monetary relief to Ms. Gill, for all claims, in the sum of

$35,000 (with $7,000.00 designated as backpay damages subject to withholding.)

9.

The payment referenced in paragraph 8, above, shall be made 10 days after the date

of entry of the Consent Decree, by checks made payable to Ms. Gill. The checks shall be sent by

certified mail, return receipt requested or by hand delivery to William C. Backhaus, Senior Trial

Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.

10. Defendant agrees to report to the EEOC within 14 days of entry of this Consent

Decree, regarding its compliance with the agreements set forth in paragraphs 2 through 9 above.

11. All reports to the EEOC required by the Consent Decree shall be sent to William C.

Backhaus, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.

12. Defendant agrees to provide a letter stating the dates of Ms. Gill's employment, her

last position held, and the last salary earned by Ms. Gill including bonuses and benefits. Letter will

be provided to William Backhaus 10 days after the date of entry of the Consent Decree.

13. If Defendant, Summerwood, fails to tender payment or otherwise fails to timely

comply with the terms of paragraphs 8-12 above, Defendant Summerwood shall:

a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on

any untimely or unpaid amounts; and

b. Bear any additional costs incurred by the EEOC caused by the non-

compliance or delay of the Defendant.

14. Neither the EEOC, Ms. Gill, nor Defendant Summerwood, shall contest the validity

ofthis Consent Decree nor the jurisdiction ofthe federal district court to enforce this Consent Decree

Consent Decree

4

and its terms or the right of either party to the Consent Decree to bring an enforcement action upon breach of any term of this Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant Summerwood fails to perform the promises and representations contained herein. The EEOC shall be authorized to seek compliance with the Consent Decree through civil action in the United States District Court.
15. The parties to this Consent Decree agree to bear their own costs and attorney's fees associated with the above-referenced Complaint.
16. The term of this Decree shall be for two (2) years from the effective date. The Court shall retain jurisdiction to enforce the terms of this Decree until the expiration of the term of the Consent Decree.
SO ORDERED, ADmDGED AND DECREED this _';)"".."...'_""_ "" _ day of --,l?"",-",1J,-"C""""C..;;."",,,_I,__ ~_v- _ _ _, 2005.
U.S. DISTRICT G

APPROVED FOR ENTRY:

FOR PLAINTIFF U.S. E.E.O.C.:
[~~lZlf~
ROBERT CANINJ Regional Attorney

Consent Decree

5

Oklahoma Bar No. 011782
SUZANNE ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 01493850
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 S. Houston, Third Floor Dallas, Texas 75202 Tel No. 214-253-2742 Fax No. 214-253-2749
FOR DEFENDANT SHENG-RAAMCO MANAGEMENT, INC., d/b/a Summerwood Apartments
Texas Bar No. 00796681
THOMPSON, COE, COUSINS & IRONS, L.L.P. Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, Texas 75201-2832 Tel. No. 214-871-8216 Fax No. 214-871-8209

Consent Decree

6

EXHIBIT "A"

NOTICE TO ALL EMPLOYEES

POLICY: Discrimination of any kind can and often will detract from employees' job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lowers overall employee morale and productivity. It is the policy of ShengRaamco Management, Inc. that retaliation of any kind as prohibited by federal anti discrimination law is unacceptable conduct and will not be condoned.

SCOPE: This policy extends to all employees of Sheng-Raamco Management, Inc., including management, non-management, and temporary/probationary employees.
DEFINITION: Title VII prohibits retaliation because allowing such conduct would have a chilling effect upon the willingness of individuals to speak out against employment discrimination, to participate in an internal investigation or to participate in the EEOC process. Retaliation has been defined as taking adverse action against a person who has:

•

Opposed any practice made unlawful under Title VII.

•

Has filed a charge of discrimination.

•

Has given testimony, assistance, or has participated m any manner m any

investigation, proceeding or hearing under Title VII.

Examples of adverse action include but are nor limited to the following: firing a person, denial of a promotion, refusal to hire, denial ofjob benefits, demotion, suspension and discharge.

RESPONSIBILITY: Each manager and supervisor has a responsibility to maintain a workplace free of retaliation. Each level of management is responsible for ensuring that all personnel policies, procedure, and activities are in full compliance with applicable federal, state, and local equal employment laws, statutes, rules, and regulations regarding discrimination and retaliation. Employees are expected to read, understand, and follow Sheng-Raamco Management, Inc.'s policies against discrimination.

REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to retaliation is expected to report the alleged act as soon as possible to Karen Baiza or Debbie Davidson at 270 Sylvan Avenue, Englewood Cliffs, New Jersey 07632 or by telephone at (201) 567-5991. Supervisors and managers who are informed of an alleged incident of discrimination must immediately notify the Human Resources Department.
INVESTIGATION OF COMPLAINTS: A complete investigation of each complaint will be undertaken immediately by the Human Resources Department. The investigation may include the interview of all employees and supervisors at the facility, the inspection of documents, including personnel records, and full inspection of the premises.

PUNISHMENT FOR VIOLATION: Employees engaged in retaliation as prohibited by Title VII can expect serious disciplinary action. After appropriate investigation, any employee, whether management or non-management, who has been found to have discriminated against another employee will be subject to appropriate sanctions, depending on the circumstances, up to and including termination of employment.
RETALIATION: There shall be no retaliation against any employee because that person has opposed what they believe to be unlawful employment practices, or has filed a charge of discrimination, or has given testimony) assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964. ShengRaamco Management, Inc. will not punish you for reporting discrimination simply because you have made a complaint under the above guidelines.
PROTECTION OF PRIVACY: The question of whether a particular action or incident constitutes discrimination requires a determination based on all available facts. Sheng-Raamco Management, Inc. will therefore make a concerted effort to protect the privacy of all personnel. Confidential information will be shared on a need-to-know basis to complete the investigation and to deal appropriately with the situation.
EXCEPTIONS: There are no exceptions to this policy.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE.
Signedthis _ _ _ _ _ dayof ______________

Date

Sheng-Raamco Management, Inc.

CLOSED

CASE NUMBER: 3:04-CV-2099-D DATE: 12/05/05

TRIAL:

-

YES

- X - NO

 
 District Version 3.0.3 - Docket Report

Page 1 of 4

CLOSED, JURY, STICKNEY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:04-cv-02099

Equal Employment Opportunity Commission, US v. ShengRaamco Management Inc Assigned to: Judge Sidney A Fitzwater Cause: 42:1983 Civil Rights (Employment Discrimination)

Date Filed: 09/28/2004 Date Terminated: 12/05/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission, US

represented by William C Backhaus Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2742 Fax: 214/253-2749 FAX Email: william.backhaus@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
Sheng-Raamco Management Inc doing business as Summerwood Apartments

represented by Ryan Griffitts Littler Mendelson - Dallas 2001 Ross Ave Suite 1500 LB 116 Dallas, TX 75201-2931 214/880-8118 Fax: 214/880-0181 FAX

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?517333060811636-L_353_0-1

6/11/2007

District Version 3.0.3 - Docket Report

Page 2 of 4

Date Filed 09/28/2004 09/28/2004 09/28/2004 09/28/2004 09/29/2004 11/02/2004
12/03/2004 12/03/2004 12/06/2004
12/14/2004
12/14/2004

Email: rgriffitts@littler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sean C Urich Winstead PC 5400 Renaissance Tower 1201 Elm St Dallas, TX 75270 214/745-5400 Fax: 214/745-5390 Email: surich@thompsoncoe.com ATTORNEY TO BE NOTICED

#

Docket Text

1 COMPLAINT against Sheng-Raamco Management Inc , filed by Equal Employment Opportunity Commission, US.(klm, ) (Entered: 09/29/2004)

***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (klm, ) (Entered: 09/29/2004)

DEMAND for Trial by Jury by Equal Employment Opportunity Commission, US. (see image 1) (klm, ) (Entered: 09/29/2004)

3 Summons Issued as to Sheng-Raamco Management Inc. (klm, ) (Entered: 09/29/2004)

2 CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission, US. (klm, ) (Entered: 09/29/2004)

4 NOTICE of Attorney Appearance by William C Backhaus on behalf of Equal Employment Opportunity Commission, US (klm, ) (Entered: 11/03/2004)

5 ANSWER to Complaint by Sheng-Raamco Management Inc.(klm, ) (Entered: 12/06/2004)

6 CERTIFICATE OF INTERESTED PERSONS by Sheng-Raamco Management Inc. (klm, ) (Entered: 12/06/2004)

7 Order for Scheduling Order Proposal: Proposed Scheduling Order due by 1/6/2005. (Signed by Judge Sidney A Fitzwater on 12/6/04) (klm, ) (Entered: 12/07/2004)

8 Joint status and scheduling conference report by Equal Employment Opportunity Commission, US, Sheng-Raamco Management Inc. (klm, ) (Entered: 12/14/2004)

9 SCHEDULING ORDER: Amended Pleadings due by 11/1/2005. Discovery due by 12/1/2005. Joinder of Parties due by 5/1/2005. Motions due by 1/1/2006. (Signed by Judge Sidney A Fitzwater on 12/14/04) (klm, ) (Entered: 12/15/2004)

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06/02/2005 06/02/2005 06/06/2005 06/07/2005 06/07/2005 06/07/2005 06/08/2005 06/09/2005
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10 MOTION to Quash, MOTION for Protective Order and Incorporated Brief, and Request for Expedited Review by Equal Employment Opportunity Commission, US (klm, ) (Entered: 06/03/2005)
11 ORDER REFERRING MOTION to Judge Stickney: 10 Motion to Quash, Motion for Protective Order, and Request for Expedited Review filed by Equal Employment Opportunity Commission, US, (Signed by Judge Sidney A Fitzwater on 6/2/05) (klm, ) (Entered: 06/03/2005)
12 ORDER: Plaiantiff's Motion to Quash, Motion for Protective Order is set for Hearing for 6/9/2005 10:00 AM before Magistrate Judge Paul D Stickney. (Signed by Judge Paul D Stickney on 6/6/05) (grj, ) (Entered: 06/06/2005)
13 MOTION to Strike Plaintiff's Objections and to Compel Responses to Defendant's First Requests for Production and First Set of Interrogatories by Sheng-Raamco Management Inc (klm, ) Additional attachment(s) added on 6/8/2005 (klm, ). (Entered: 06/08/2005)
14 ORDER REFERRING MOTION to Judge Stickney: 13 Motion to Strike Plaintiff's Objections and to Compel Responses to Defendant's First Requests for Production and First Set of Interrogatories filed by ShengRaamco Management Inc. (Signed by Judge Sidney A Fitzwater on 6/7/05) (klm, ) (Entered: 06/08/2005)
RESPONSE to Motion re 10 Plaintiff's MOTION to Quash, MOTION for Protective Order and Incorporated Brief and Request for Expedited Review filed by Sheng-Raamco Management Inc. (see image 13) (klm, ) (Entered: 06/08/2005)
15 ORDER: MOTION to Strike Plaintiff's Objections and to Compel Responses to Defendant's First Requests for Production and First Set of Interrogatories by Sheng-Raamco Management Inc is set for a hearing on 6/9/2005 10:00 AM before Magistrate Judge Paul D Stickney. (Signed by Judge Paul D Stickney on 6/8/05) (grj, ) (Entered: 06/08/2005)
16 Minute Entry for proceedings held before Judge Paul D Stickney : Motion Hearing held on 6/9/05 re 13 Motion to Strike filed by ShengRaamco Management Inc,, 10 Motion for Protective Order, Motion to Quash filed by Equal Employment Opportunity Commission, US. Hearing concluded. (Court Reporter Electronic.) (grj, ) (Entered: 06/09/2005)
17 ORDER granting in part and denying in part 10 Motion for Protective Order, granting in part and denying in part 10 Motion to Quash, granting in part and denying in part 13 Motion to Strike (Signed by Judge Paul D Stickney on 7/11/05) (grj, ) (Entered: 07/12/2005)
18 TRIAL SETTING ORDER: Docket Call set for 7/10/2006 before Judge Sidney A Fitzwater. (Signed by Judge Sidney A Fitzwater on 8/26/05) (klm, ) (Entered: 08/29/2005)
19 CONSENT DECREE (see order for specifics) (Signed by Judge Sidney

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