-- -

, \

r

c),;:',h

'

FjlED NORTHERN D. iSTR.. C.' F 0.' TEXAS

'1
I

IN THE UNITED STATES DISTRIC~ COUR

FOR THE NORTHERN DISTRICT OF TEXA DALLAS DIVISION

JUl' 7'999 i

EQUAL EMPLOYMENT OPPORTUNITY

}

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

RED RIVER BEVERAGE COMPANY,

)

DBA COWBOYS RED RIVER AND COWBOYS }

RED RIVER DANCE HALL AND SALOON, }

}

Defendant.

}

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

NANCY DOHERTY, CLERK
By ____~----------
Dt<.)utv
CIVIL ACTION NO.
3-99CV1685-P
COMPLAINT
JURY TRIAL DEMAND

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 sex and

unlawful employment actions taken in retaliation for filing a

charge of discrimination under Title VII and to provide appropriate

relief to Kimberly G. Hubbard who was demoted by Defendant because

of her sex, female, and because of her pregnancy. Further, when

Kimberly G. Hubbard filed a charge of discrimination under Title

VII complaining against her demotion, Defendant retaliated against

her, harassing her by constantly changing her work schedule, and

eventually by discharging her.

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 (f) (3) of the Civil Rights Act of 1964, as amended, ("Title VIIH), 42 U.S.C § 2000e-5(f) (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Sec. 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.
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 of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant, Red River Beverage Company DBA Cowboys Red River and Cowboys Red River Dance Hall and Saloon (" Red River") 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, Red River, has continuously been an employer engaged in an industry affecting

COMPLAINT

2

commerce under Section 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 of this lawsuit, Kimberly G. Hubbard filed charges with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant, Red River. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Kimberly G. Hubbard, the Defendant engaged in unlawful employment practices in violation of §703(a) (1) and §701(k) of Title VII, 42 U.S.C. § 2000e-2(a) (1) and §2000e (k), by demoting her from the higher paying position of bartender to the lower paying position of door girl, on account of her sex, female, and her pregnancy. 8. Defendant further engaged in unlawful employment practices in violation of §704 (a) of Title VII, 42 U.S.C. §2000e3(a), by harassing Kimberly G. Hubbard by constantly changing her work schedule and by then terminating her employment because she had opposed employment practices made unlawful by Title VII and had filed a charge of discrimination with the Commission. 9. The result of the foregoing practices has been to deprive Kimberly G. Hubbard of equal employment opportunities because of her sex and to discriminate against her for exercising her rights afforded to her under Title VII.

COMPLAINT

3

10. The unlawful employment practices complained of in paragraph 7 and 8 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Kimberly G. Hubbard.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this

Court: A. Grant a permanent injunction enjoining the Defendant,
Red River, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of pregnancy or which constitutes retaliation for opposing any practice made an unlawful employment practice under Title VII or for filing a charge of discrimination or testifying, assisting, or participating in an investigation, proceeding, or hearing under Title VII.
B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for pregnant females, and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendant to make whole Kimberly G. Hubbard by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary damages,

COMPLAINT

4

compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including but not limited to rightful place reinstatement of Kimberly G. Hubbard.
D. Order the Defendant to make Kimberly G. Hubbard whole by providing compensation for past and future nonpecuniary losses resul ting from the unlawful employment practices described in paragraphs 7 and 8 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enj oyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Kimberly G. Hubbard punitive damages for its malicious conduct or reckless indifference described and referenced in paragraphs 7 and 8 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.
G. 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.

COMPLAINT

5

Respectfully submitted,
C. GREGORY STEWART General Counsel
J~~ANNON
Reg onal Attorney Connecticut State Bar No. 301166
ROBERT A. CANINO Supervisory Trial Attorney Oklahoma State Bar No.011782
SIDNE B. CHESNIN Senior Trlal Attorney Texas State Bar No.04186600
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3330 (214) 655-3441 FAX

COMPLAINT

6

 
 ORIGINAL

IN THE UNITED STATES DISTRICT COu~T NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

~1EDlEXA8 u.S. DISTRICTCOURT

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION

§

§

Plaintiff,

§

§

NO. 3-99-CV-1685-P

VS.

§

§

RED RIVER BEVERAGE COMPANY

§

§

~NTERED ON DOCKET

Defendant.

§

- - J1 APR 25 2{JO(J

ORDER

L-us_ DIS_ -' HICT ClEHK'F'SF0 IC£ -

~.---~

Intervenor Kimberly Hubbard has filed a motion to quash, for protective order, and for

sanctions in connection with a subpoena duces tecum served on her treating physician, Dr. John

Jeffers. Hubbard contends that the subpoena invades her privacy, is overbroad and vague, and

seeks documents that are not relevant to her pregnancy discrimination claim. (Motion at 3-4).

Defendant maintains that the records are necessary to determine whether there were any medical

restrictions on Hubbard's ability to work. (Jt. Status Rep. at 2).

The motion was heard on April 14, 2000. At the conclusion of the hearing, Hubbard was

ordered to submit her medical records to the Court for an in camera inspection. She complied

with this order on April 20, 2000. The medical records generally consist of progress notes,

operative reports, results of laboratory tests, sonogram pictures, and billing information. Some

of the entries were made after Hubbard was allegedly discharged by defendant. After reviewing

the records and balancing the interests of the parties, the Court determines that only pages 1, 2,

7, 35, 37, 38, 39, 40 & 50 should be produced to defendant at this time. However, defendant

would be entitled to a complete copy of Hubbard's medical file if either she or the EEOC

designates Dr. Jeffers as a fact witness or an expert witness, or if another expert relies on the records in formulating opinions and conclusions in this case.
Accordingly, Hubbard's motion to quash and for protective order is granted in part and denied in part. The motion is denied with respect to pages 1,2, 7, 35, 37, 38, 39, 40 & 50 of the medical records previously tendered to the Court for an in camera inspection. Hubbard shall produce these records to counsel for defendant forthwith.l Defendant shall treat these records as confidential under terms and conditions that may be agreed to by the parties. The motion to quash and for protective order is denied in all other respects. The motion for sanctions is denied in its entirety.
SO ORDERED. DATED: April 24, 2000.
1 The medical records tendered by Hubbard to the Court were not numbered. The Court numbered the pages 1 through 70, inclusive. Hubbard may retrieve these records and deliver the relevant pages to counsel for defendant.

 
 IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF
DALLAS DIVISION

NORTHERN DISTRICfOF TEXAS
FILED

EQUAL EMPLOYMENT OPPORTUNITY

}

COMMISSION,

}

}

CIVIL ACTION NO.

Plaintiff,

} }

L 3-99-CV-1685-P J{-KltP)

KIMBERLY HUBBARD,

}

}

Intervenor,

}

}

v.

}

}

RED RIVER BEVERAGE COMPANY,

)

DBA COWBOYS RED RIVER AND COWBOYS

}

RED RIVER DANCE HALL AND SALOON,

}

}

Defendant.

}

}

AGREED PROTECTIVE ORDER

The Court having informed that Plaintiff, Intervenor, and Defendant have stipulated and agreed to this Order, finds the following should be entered. Accordingly, it is hereby ORDERED:
1. "Documents" means all written, recorded or graphic matter, including but not limited to, sound or video recording, court papers, interrogatory answers, depositions, transcripts and exhibits, and documents produced by any party or non-party in this action, whether pursuant to subpoena or by agreement.

2. In the course of discovery, the Defendant and Cowboys C.H. Arlington, Inc. may be required to produce information concerning their finances Accordingly, Defendant and Cowboys Concert Hall-Arlington, Inc. ("Cowboys Arlington") may designate as confidential pursuant to this Court Order, any document or information relating to the financial condition of Defendant and/or Cowboys Arlington. The Court, however, does not hereby rule that any such document so designated by the Defendant and/or Cowboys Arlington is, in fact, entitled to protection of confidentiality. Plaintiff and/or Intervenor may at any time, by motion, challenge the designation by Defendant and/or Cowboys Arlington of any specific document as confidential. Until such time as the Court rules that the challenged documents are not confidential, they shall continue to be treated pursuant to the terms of this Protective Order.
3. Any document designated as confidential pursuant to this Court Order by Defendant and/or Cowboys Arlington or the information contained therein, may only be used by Plaintiff and/or Intervenor in connection with the instant lawsuit and for no other purpose. Said documents or the information contained therein may only be disseminated by Plaintiffs and/or Intervenor's attorneys, as needed for the prosecution of this lawsuit, to expert witnesses, Plaintiffs and/or Intervenor's attorneys, assistants and co-counsel, including secretarial staff, and to witnesses in connection with preparation for their testimony or for use during the taking of their depositions or testimony at trial. All individuals receiving access to documents designated as confidential are bound by this Protective Order and shall be given a copy of this Order prior to receiving any confidential information or documents.

AGREED PROTECTIVE ORDER

2

4. At the conclusion of this litigation whether by settlement, or the termination of all appeals and the expiration of time for further appeal, Intervenor shall return all copies of the documents designated as confidential to the Defendant and/or Cowboys Arlington. The EEOC shall retain all such documents and destroy them only as required by applicable government regulations. The EEOC shall treat all such documents as exempt from disclosure under the Freedom ofInformation Act ("FOIA") and shall promptly notify the Defendant of any requests for disclosure of documents designated as confidential under the FOIA.
5. Any portion of a deposition transcript pertaining to documents or information designated as confidential pursuant to this Order or any exhibits to depositions designated as confidential pursuant to this Order shall be placed under seal by the Court Reporter. Any document designated as confidential pursuant to this Order which is filed with the Court whether in connection with any motion, hearing, or trial, shall be placed under seal by the Clerk of the

AGREED PROTECTIVE ORDER

3

~ORM AND SUBSTANCE:
CHARLES L. PERRY Tex. Bar No. 15799900 1717 Main Street Suite 4100 Dallas, TX 75201 (214) 761-2100 (214) 741-7139 FAX
ATTORNEY FOR DEFENDANT

Tex. ar No. 04186600 207 S. Houston, 3rd Floor Dallas, TX 75202 (214) 655-3330 (214) 655-3331 FAX
ATTORNEY FOR PLAINTIFF
TO~~LE
Tex. Bar No. 00798265 4514 Travis Street, Suite 300 Dallas, TX 75205 (214) 528-6700 (214) 528-7673 FAX
ATTORNEY FOR INTERVENOR

AGREED PROTECTIVE ORDER

4

 
 •

• u.s. DISTRICT COURT

NORTHERNDISTRICfOFTEXAS

FILED
IN THE UNITED STATES DISTRIC COUR...........;..;;;;;;;;;;;;,;;;,;----.

FOR THE NORTHERN DISTRICT 0 TEXA

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

RED RIVER BEVERAGE COMPANY d/b/a §

COWBOYS RED RIVER AND

§

COWBOYS RED RIVER DANCE HALL §

AND SALOON,

§

§

Defendant.

§

CIVIL ACTION NO. 3:99-CV-1685-P

ORDER

The Equal Employment Opportunity Commission ("EEOC") and intervenor Kimberly

Hubbard ("Hubbard") (collectively, "Plaintiffs") filed the above-entitled civil action against

defendant Red River Beverage Company d/b/a Cowboys Red River and Cowboys Red River

Dance Hall and Saloon ("Cowboys Red River") alleging that Cowboys Red River discriminated

against Hubbard based on her pregnancy in violation of the Pregnancy Discrimination Act, 42

U.S.C. § 2000e(k) (the "PDA"), and retaliated against her by terminating her after she filed a

Charge of Discrimination with the EEOC, in violation of Title VII of the Civil Rights Act of

1964,42 U.S.C. § 2000e et seq.

Now before the Court are defendant Cowboys Red River's Motion for Summary

Judgment and related Motion to Strike. For the reasons set forth below, the Court concludes that

ORDER 3:99CV1685 - Page 1

• •
Defendant's Motion for Summary Judgment is DENIED and Defendant's Motion to Strike is MOOT.'
Summary Judgment Standard Summary judgment shall be rendered when the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter oflaw. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). All evidence and the reasonable inferences to be drawn therefrom must be viewed in the light most favorable to the party opposing the motion. United States v. Diebold, Inc., 369 U.S. 654, 655 (1962). In addition, "[c]redibility determinations, the weighing ofthe evidence, and the drawing oflegitimate inferences from the facts are jury functions, not those of a judge." Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150 (2000) (quoting with approval Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)). The moving party bears the burden of informing the district court of the basis for its belief that there is an absence of a genuine issue for trial, and of identifying those portions of the record that demonstrate such an absence. Celotex, 477 U.S. at 323. Once the moving party has made an initial showing, the party opposing the motion must come forward with competent summary judgment evidence of the existence of a genuine fact issue. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). The party defending against the motion for summary judgment cannot defeat the motion unless he provides specific facts that show the case presents a
'The Court finds that the issue of whether Hubbard is entitled to compensatory damages will be submitted to the jury, and the framing of the appropriate questions for the jury will be handled at the Charging Conference. The Court further finds that whether to treat the Cowboys Red River Clubs as an integrated enterprise for purposes of establishing the proper damages cap pursuant to 42 V.S.c. § 198Ja, and whether Plaintiffs are entitled to permanent injunctive relief against Cowboys Red River are matters for the Court after the jury reaches its verdict.
ORDER 3:99CV1685 - Page 2

•

• - - - - -

--~~

~---

genuine issue ofmaterial fact, such that a reasonable jury might return a verdict in his favor. Liberty Lobby, 477 U.S. at 248.

Based on its review of the summary judgment evidence submitted by the parties, and in light of the summary judgment standard set forth directly above, the Court summarizes the relevant material facts as follows:
Cowboys Red River is the Dallas branch of a trio of country and western dance halls located in Dallas, Texas, Arlington, Texas and Atlanta, Georgia. In or about September 1997, Hubbard transferred from her job as a bartender at the Cowboys Red River in Arlington to the Cowboys Red River in Dallas. In January 1998, Hubbard informed her manager at Cowboys Red River, Larry Robinson, that she was pregnant and that she had experienced some spotbleeding, but that her doctor had cleared her to return to her duties. On or about January 24, 1998, Robinson transferred Hubbard from bartender to door girl for the first time. Hubbard was physically able to perform her normal duties as a bartender according to her physician, John Jeffers, M.D. After being told of Hubbard's pregnancy and related medical condition, Robinson repeatedly told Hubbard and others at Cowboys Red River that Hubbard was a potential liability to Cowboys Red River because of her pregnant condition. On or about April 25, 1998, against Hubbard's wishes, Robinson permanently transferred Hubbard from her position as a bartender to a position of door girl. Robinson told Hubbard that he, Mike Murphy (President of the Club) and Kari Wade (Personnel Administrator) had spoken and agreed that Hubbard and her pregnancy were a liability to the Cowboys Red River and that they did not want to be held responsible if something happened to the baby.
ORDER 3:99CV1685 - Page 3

• •
On or about April 29, 1998, Hubbard filed a Charge of Discrimination with the EEOC, complaining that Cowboys Red River unlawfully demoted her to a position as a door girl because of her pregnancy. On or about May 6, 1998, Investigator Armando Matamoros personally served the Charge of Discrimination on Cowboys Red River. Subsequently, Hubbard told Robinson that she had filed the Charge of Discrimination with the EEOC. Robinson admits that he heard that Hubbard had filed the Charge while she was still employed with Cowboys Red River. He recalls also having told Mike Murphy and Kari Wade about the Charge. On May 6, Robinson placed a false disciplinary report in Hubbard's personnel file alleging that she had missed work and threatening her with suspension without pay for any other unexcused absence. Hubbard never saw the disciplinary report and never signed it. Hubbard testifies she never had any unexcused absences.
On or about Thursday, May 28, 1998, when Hubbard came to work her time card was missing. When she asked for her card, a coworker told her that Robinson would talk to her. Hubbard went to Robinson, who asked her where she had been on Wednesday night. She informed him that when she called to get her schedule, she was told she was not scheduled for Wednesday. Robinson and Hubbard went to look at the schedule for Wednesday night. Hubbard was not on the schedule. Robinson asked her to "get her [expletive] and get out of here."
Ms. Phares, the floor manager, similarly testifies that on May 28, 1998, a day which stands out in her mind because it was the day of a concert by famous country and western star, Merle Haggard, she saw Hubbard and Robinson present at Cowboys Red River. Ms. Phares was in the restroom when Hubbard came in appearing upset, telling Ms. Phares that "Larry just fired
ORDER 3:99CV1685 - Page 4

• •
me. He told me to take my [expletive] and go." Ms. Phares also testifies that Hubbard told her she did not come in Wednesday night because she had called in and told she was not scheduled.2
Discussion I. Pregnancy Discrimination
The PDA prohibits discrimination against females because of or on the basis of "pregnancy, childbirth, or related medical conditions ...." 42 U.S.C. § 2000e(k). Pursuant to the PDA, a pregnant employee's ability or inability to work are the only permissible factors to consider in making employment decisions. EEOC Regulation, 29 C.F.R. § 1604.l0(a), states that: "Any employment policy or practice which excludes from employment applicants or employees because of pregnancy, childbirth, or related medical conditions is in prima facie violation of Title VII."
A prima-facie case of pregnancy discrimination can be met under the indirect burden shifting approach set forth in McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1973) or, alternatively, the plaintiff may produce sufficient evidence, whether direct or circumstantial, to create a triable issue as to whether pregnancy was a motivating factor in the complained of employment decision. Marshall v. American Hospital Ass 'n, 157 F.3d 520, 525 (7th Cir. 1998).
First, the Court rejects Cowboys Red River's reliance on Mattern v. Eastman Kodak Co., 104 F.3d 702, 707-708 (5th Cir. 1997), which Cowboys Red River erroneously cites in support of its claim that a transfer without a loss of pay is not actionable under the anti-discrimination provisions of Title VII set forth at 42 U.S.c. § 2000e-2(a)(1). Mattern is inapplicable here, as it
2Ms. Phares' testimony is merely corroborative of Hubbard's. Because the Court's decision to deny Cowboys Red River's Motion for Summary Judgment would be the same without Ms. Phares' testimony, the Court need not decide the merits of Cowboys Red Reiver's Motion to Strike Ms. Phares' testimony as hearsay.
ORDER 3:99CV1685 - Page 5

• •
applies only to the retaliation provisions of Title VII, 42 U.S.c. § 2000e-3. In cases alleging discrimination under 42 U.S.c. sec. 2000e-2(a)(1), such as Plaintiffs' pregnancy discrimination claims, Mattern is inapplicable and an unwanted transfer may constitute an actionable employment decision. See LULAC v. City oJGalveston, 979 F.Supp. 514, 518-19 (S.D. Tex. 1997); Florence v. Runyon, 990 F.Supp. 485, 496 (N.D. Tex. 1997). The Mattern court itself contrasted the standard for establishing an adverse employment action under the anti-retaliation provision of § 2000e-3 with the "more vague proscription" found in § 2000e-2(a)(1), (2) which "reaches acts which merely 'would tend' to affect the employee." Mattern, 104 F.3d at 708-09. See Levin v. Delta Air Lines, 730 F.2d 994,996 (5th Cir. 1984) (placing pregnant flight attendants on ground duty was adverse employment action); Forsyth v. City oJDallas, 91 F.3d 769, 773 (5th Cir. 1996), cert. denied, 522 U.S. 816 (1997) (transfer of police officers from intelligence division to uniformed night patrol constituted demotion); LaPierre v. Benson Nissan, Inc., 86 F.3d 444, 448 (5th Cir. 1996) (demotion from service manager to mechanic created fact issue as to whether an adverse employment action had occurred); Rizzo v. Children's World Learning Ctrs., Inc., 84 F.3d 758, 765 (5th Cir. 1996), cert. denied, 531 U.S. 958 (2000) (employer's decision to lower disabled employee's hours, to require her to work a "split shift," and to change her position from bus driver to cook produced fact issue as to whether there had been adverse employment action); Click v. City oJCopeland, 970 F.2d 106, 109 (5th Cir. 1992) (simply because sheriff deputies received no decrease in pay did not mean their transfers were not demotions); FyJe v. Curlee, 902 F.2d 401, 404 (5th Cir. 1990) (transfer to less desirable but equal paying job constituted demotion).
Second, under the McDonnell-Douglas burden-shifting approach, the Court finds that
ORDER 3:99CV1685 - Page 6

• •
Plaintiffs have submitted sufficient evidence to create an issue of fact for the jury as to whether Cowboys Red River's proffered reasons for transferring Hubbard were pretextual. Cowboys Red River alleges that it transferred Hubbard from bartender to door girl not because of her pregnancy and related medical condition, but because she had a propensity to become involved in altercations by coming out from behind the bar in violation of its "stay behind the bar policy." Robinson claims that he moved Hubbard from behind the bar because she was involved in three (3) incidents in which she became involved in altercations between customers. Robinson has admitted that other bartenders who also came out from behind the bar and got involved in altercations in front of the bar were merely reprimanded, not fired, transferred or moved to the position of door girl. Robinson says that these other bartenders were only reprimanded because they only came out from behind the bar and intervened once. Hubbard denies she was involved in three (3) incidents. She admits to being involved in one (1) incident only, after which Robinson verbally reprimanded her, and she never violated the "stay behind the bar policy" again. The evidence shows that when Robinson transferred her to the position of door girl, he told her it was because of fears of liability due to her pregnancy, and did not tell her it was because she violated the "stay behind the bar policy." Ms. Phares, floor manager, testifies that she only saw Hubbard in front ofthe bar near an altercation on one (1) occasion.
Moreover, Cowboys Red River makes much ofthe fact that during the time Hubbard worked for them, it had other pregnant bartenders in its employ, each of whom allegedly stayed at her bartender position until she took maternity leave. The PDA prohibits discrimination against females because of or on the basis of "pregnancy, childbirth, or related medical conditions ...." 42 U.S.C. § 2000e(k). Cowboys Red River has submitted no evidence to show that these other
ORDER 3:99CV1685 - Page 7

• •
bartenders had any "related medical conditions," such as the spot bleeding condition that Hubbard experienced and reported to Robinson. Thus, the Court finds unavailing Cowboys Red River's references to these other pregnant women with dissimilar and uneventful pregnancies.
In sum, the Court finds that under the McDonnell-Douglas burden-shifting approach, the Court finds that Plaintiffs have submitted evidence sufficient to create a genuine issue for trial as to whether Cowboys Red River's profferred reasons for transferring her from bartender to door girl were merely pretextual. II. Retaliation
Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer to discriminate against any of his employees" who have either availed themselves of Title VII's protections or assisted others in so doing. 42 U.S.C. § 2000e-3(a) (1994). To state a prima facie case for retaliation, plaintiff must prove that (1) she engaged in a protected Title VII activity; (2) she suffered an adverse employment decision; and (3) a causal nexus between the protected activity and the adverse employment decision exists. See Byers v. Dallas Morning News, Inc., 209 F.3d 419,427 (5th Cir. 2000). The establishment ofaprimajacie case gives rise to an inference of retaliation. This inference, in tum, shifts the burden of proof to the defendant who must articulate a legitimate non-discriminatory reason for the challenged employment action. After the defendant has met its burden, the burden shifts back to the plaintiff to introduce sufficient evidence to create a material issue of fact on the issue of pretext. See Shackelford v. Deloitte & Touche, 190 F.3d 398, 407-408 (5th Cir. 1999). Close timing between an employee's protected activity and an adverse action against him may provide the "causal connection" required to make out aprimajacie case of retaliation. Armstrong v. City ojDallas, 997 F.2d 62,
ORDER 3:99CV1685 - Page 8

• •
67 (5th Cir. 1993). Where there is close temporal proximity between the employee's protected activity and an adverse employment action, the employer must offer a "legitimate nondiscriminatory reason that explains both the adverse action and the timing." Swanson v. General Saving's Administration, 110 F.3d 1180, 1188 (5th Cir. 1997), cert. denied, 522 U.S. 948 (1997). Finally, a Plaintiff need not prove that her protected activity was the sole factor motivating the employer's challenged decision in order to establish a causal link. Long v. Eastfield College, 88 F.3d 300,305 n. 4 (5th Cir. 1996). Cowboys Red River argues that summary judgment should be entered in its favor since Plaintiffs failed to demonstrate a fact issue as to whether Hubbard suffered an adverse employment action. Having reviewed the relevant summary judgment evidence submitted by the parties, the Court rejects Cowboys Red River's argument.
An adverse employment action is defined as an ultimate employment decision, including acts such as "hiring, granting leave, discharging, promoting, and compensating[,]" but does not include "every decision made by employers that arguably might have some tangential effect upon those employment decisions." Mattern, 104 F.3d at 707; Webb v. Cardiothoracic Surgery Assoc. ofNorth Texas, P.A., 139 F.3d 532,540 (5th Cir. 1998).
The evidence, viewed in the light most favorable to Plaintiffs, shows that on or about April 29, 1998, Hubbard filed a Charge of Discrimination with the EEOC alleging that she had been transferred and demoted because of her pregnancy. Robinson was informed of Hubbard's filing shortly thereafter and, without notifying her, placed an unfounded disciplinary report in Hubbard's file alleging that she missed work. Less than one (1) month later, Robinson terminated Hubbard's employment, on the false allegations of missing a shift for which she claims she was not scheduled.
ORDER 3:99CV1685 - Page 9

• •
Cowboys Red River's proferred non-discriminatory reasons in response to Plaintiffs' allegations of retaliatory discharge are that (i) Robinson never terminated Hubbard; (ii) Robinson never saw or spoke to Hubbard on Thursday, May 28, 1998; (iii) Robinson never told her that she had missed a shift on Wednesday and that she could "get her [expletive] and go;" and (iv) Hubbard abandonned her job. Fact issues exist as to all Cowboys Red River's profferred reasons.
The Court finds, after reviewing the summary judgment evidence, that Plaintiffs have introduced sufficient evidence to create a material issue of fact on the issue of pretext. (See supra at 4-5).
In short, viewing the summary judgment evidence in the light most favorable to the nonmoving party, the Court determines that, with regard to Plaintiffs' claims that Cowboys Red River unlawfully terminated Hubbard, "the evidence presents a sufficient disagreement to require submission to a jury" (Liberty Lobby, 477 U.S. at 251-52; Reeves, 530 U.S. at 150-51), thereby precluding entry of summary judgment in Cowboys Red River's favor. III. Cowboys Red River's Motion to Strike
Because none of the evidence challenged in Cowboys Red River's Motion to Strike is necessary for the Court's decision to deny Cowboys Red River's Motion for Summary Judgment, the Court finds the Motion to Strike moot.
ORDER 3:99CV1685 - Page 10

• •
Conclusion ACCORDINGLY, it shall be and it is hereby ORDERED that Defendant Cowboys Red River d/b/a Cowboys Red River and Cowboys Red River Dance Hall and Saloon's Motion for Summary Judgment is DENIED. FURTHER, it shall be and it is hereby ORDERED that Defendant Cowboys Red River d/b/a Cowboys Red River and Cowboys Red River Dance Hall and Saloon's Motion to Strike is MOOT. So Ordered.
Signed thi~day of September, 2001.
J R EA. SOLIS UNITED STATES DISTRICT JUDGE
ORDER 3:99CV1685 - Page 11

 
 •

RICTCOURT mST!"UCTOFTEX,,\.S
FILED

IN THE UNITED STATES NORTHERN DISTRICT OF DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY,§

COMMISSION,

§

§

Plaintiff,

§

v.

§

§

RED RIVER BEVERAGE COMPANY §

d/b/a COWBOYS RED RIVER and

§

COWBOYS RED RIVER DANCE HALL §

and SALOON,

§

§

Defendant.

§

By
L------f
NO.3:99-CV-1685-P

FINAL JUDGMENT

Pursuant to the Jury Verdict of August 28, 2002, plaintiff is awarded $30,000 in

compensatory damages and $125,000 in punitive damages. Accordingly, costs incurred by

plaintiff shall be assessed against defendant.

IT IS SO ORDERED.
Signed this .;7J ~ day of August, 2002.

J RGE A. SOLIS UNITED STATES DISTRICT JUDGE

 
 • •

IN THE UNITED STATES DISTRICT CO NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

u.s. : f - - - D~:)r:"l:: ~~--.J' (:T·~-· ~.-
NORTH~r
RT

EQUAL EMPLOYMENT OPPORTUNITY

§

COMMISSION,

§

Plaintiff,

§

CL ':K, U.S. b~s:r.'hC1' : C - d._
By _ _.._______.

§

D"puty

KIMBERLY HUBBARD,

§

Intervenor,

§

§ NO.3:99-CV-1685-P

v.

§

§

RED RIVER BEVERAGE COMPANY d/b/a §

COWBOYS RED RIVER AND COWBOYS

§

RED RIVER DANCE HALL AND SALOON, §

Defendant.

§

AMENDED FINAL JUDGMENT

Pursuant to the jury verdict of August 28, 2002, the Court's Order of November 19,2002, the

Court's Order of February 19,2003, and the Court's Order of March 27,2003, judgment is issued as

follows:

1.

Intervenor Kimberly Hubbard is awarded compensatory and punitive damages in the

amount of $50,000.00;

2.

Plaintiff EEOC is granted an injunction for three years against Defendant;

3.

Intervenor is awarded attorney's fees in the amount of $33,220.00; $10,000.00 in the

event Defendant appeals this case to the Fifth Circuit Court of Appeals and Intervenor is successful;

$10,000.00 if an Application for Writ of Certiorari is granted and the Intervenor is successful;

4.

Plaintiff EEOC and Intervenor Kimberly Hubbard are awarded costs of court; and

5.

The judgment will carry post-judgment interest at the rate of 1.32 % from August 28,

2003 until paid.

IT IS SO ORDERED.

d Signed this

day of March 2003.

J RG A. SOLIS UNITED STATES DISTRICT JUDGE

 
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CASREF, CLOSED, JURY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:99-cv-01685

EEOC v. Red River Bev Co Assigned to: Judge Jorge A Solis Referred to: Magistrate Judge Jeff Kaplan Demand: $0 Case in other court: USCA, 03-10348 Cause: 42:2000 Job Discrimination (Sex)
Plaintiff
Equal Employment Opportunity Commission

Date Filed: 07/27/1999 Date Terminated: 03/27/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Jeffrey Charles Bannon Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/655-3300 Fax: 214/655-3331 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov
Sidney B Chesnin Law Office of Sidney Chesnin 4841 Tremont Street #9 Dallas, TX 75246 972/503-6338 Email: schesnin@hotmail.com
Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202

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Intervenor Plaintiff Kimberly G Hubbard
V. Defendant Red River Beverage Company doing business as Cowboys Red River doing business as Cowboys Red River Dance Hall and Saloon
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214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov
represented by Alan L Busch Busch & Myers LLP 100 Crescent Court Suite 250 Dallas, TX 75201 214/855-2880 Fax: 214/855-2871 Email: busch@buschmyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd Hoodenpyle Gerard Singer Levick & Busch Addison Place 16200 Addison Rd Suite 140 Addison, TX 75001 972/380-5533 Fax: 972/380-5748 Email: hoodenpyle@gslb.com
Vinod T Nandipati Gerard Singer & Levick Addison Place 16200 Addison Rd Suite 140 Addison, TX 75001 972/380-5533
represented by Charles L Perry Andrews Kurth - Dallas 1717 Main St Suite 3700 Dallas, TX 75201 214/659-4681 Fax: 214/659-4894 FAX Email: cperry@akllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David B Dyer
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Intervenor Defendant
Red River Beverage Company doing business as Cowboys Red River doing business as Cowboys Red River Dance Hall and Saloon

Secore & Waller 12222 Merit Dr Suite 1350 Dallas, TX 75251 972/776-0200 Fax: 972/776-0240 FAX Email: david@secorewaller.com TERMINATED: 07/05/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kimberly Wynn Shauck Secore & Waller Three Forest Plaza 12221 Merit Dr Suite 1100 Dallas, TX 75251 972/776-0200 Fax: 972/776-0240 FAX TERMINATED: 07/05/2000
Lara L Reenan Henry Oddo Austin & Fletcher 1700 Pacific Ave Suite 2700 Dallas, TX 75201 214/658-1900 Fax: 214/658-1919 FAX Email: lreenan@hoaf.com
represented by David B Dyer (See above for address) TERMINATED: 07/05/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
07/27/1999 07/27/1999 07/27/1999
07/27/1999

#

Docket Text

1 COMPLAINT filed; govt no fee (6) (mlh) (Entered: 07/28/1999)
1 DEMAND for jury trial by plaintiff EEOC (mlh) (Entered: 07/28/1999)
2 SUMMONS(ES) issued for defendant Red River Bev Co (iss 1) (mlh) (Entered: 07/28/1999)
PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (mlh) (Entered: 07/28/1999)

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08/13/1999 08/13/1999 09/01/1999 09/29/1999 09/30/1999
11/02/1999 11/10/1999 11/12/1999 11/12/1999 11/18/1999 11/22/1999 11/29/1999 11/29/1999 11/30/1999 12/03/1999

3 ANSWER to Complaint by defendant Red River Bev Co (Attorney David B Dyer), (3) (mlh) (Entered: 08/16/1999)
4 RETURN OF SERVICE executed as to defendant Red River Bev Co 7/28/99 via personal service to registered agent; Answer due on 8/17/99 for Red River Bev Co (mlh) (Entered: 08/16/1999)
5 MOTION with memorandum in support by interested party Kimberly G Hubbard to intervene as plf (11) (mlh) (Entered: 09/02/1999)
6 CERTIFICATE OF CONFERENCE by movant Kimberly G Hubbard Re: [5-1] motion to intervene as plf (3) (mlh) (Entered: 09/30/1999)
7 ORDER PERMITTING INTERVENTION granting [5-1] motion to intervene as plf; It's ordered that Kimberly Hubbard has leave to intervene in this cause & is hereby made a pty to the cause, & to that end may now file a complaint in this case in the same manner & w/like effect as if named an original pty to this cause <SEE ORDER FOR SPECIFICS> (signed by JASolis) Copies to counsel: 10.01.99 Page(s) 2 (lag) (Entered: 10/01/1999)
8 Intervenor's COMPLAINT by Kimberly NMI Hubbard against defendant Red River Bev Co (4) (mlh) (Entered: 11/03/1999)
11 STANDING ORDER OF REFERENCE REFERRING CASE to Magistrate Judge Jeff Kaplan ( signed by jas) Copies to counsel: 11.12.99 Page(s): 3 (mlh) (Entered: 11/12/1999)
9 ORDER REQUIRING ATTY CONFERENCE & JOINT STATUS REPORT JOINT Status report due on 12/13/99 ( signed by Mag Kaplan) Copies to counsel: 11.12.99 Page(s): 3 (mlh) (Entered: 11/12/1999)
10 STANDING ORDER ON ALL NON-DISPOSITIVE MOTIONS...See order for specifics ( signed by Mag Kaplan) Copies to counsel: 11.12.99 Page(s) 3 (mlh) (Entered: 11/12/1999)
12 CONSENT to trial by Magistrate by plaintiff EEOC (1) (mlh) (Entered: 11/19/1999)
13 ANSWER by defendant Red River Bev Co to [8-1] intervenor complaint (4) (mlh) (Entered: 11/23/1999)
14 JOINT STATUS REPORT by plaintiff EEOC, defendant Red River Bev Co (5) (mlh) (Entered: 11/30/1999)
14 JOINT PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff EEOC, defendant Red River Bev Co (5) (mlh) (Entered: 11/30/1999)
15 ORDER SETTING SCHEDULING CONFERENCE set scheduling conference for 9:30 12/8/99 ( signed by Mag Kaplan) Copies to counsel: 12.1.99 Page(s) 1 (mlh) (Entered: 12/01/1999)
16 ORDER RESETTING SCHEDULING CONFERENCE reset scheduling conference for 12:00 12/9/99 ( signed by Mag Kaplan) Copies to counsel: 12.6.99 Page(s) 1 (mlh) (Entered: 12/06/1999)

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04/03/2000 04/04/2000
04/11/2000 04/11/2000 04/11/2000 04/12/2000 04/12/2000 04/12/2000 04/14/2000 04/14/2000 04/18/2000
04/24/2000

17 INITIAL SCHEDULING ORDER setting Deadline for filing of dispositive motions 8/31/00 ; Discovery cutoff 7/31/00 ; Amending of Pleadings on 4/3/00 ; Joining of Parties on 4/3/00 ; ( signed by Mag Kaplan) Copies to counsel: 12.10.99 Page(s): 3 (mlh) (Entered: 12/10/1999)
18 MOTION with memorandum in support by defendant Red River Bev Co to amend [3-1] answer, [13-1] intervenor answer (3) (jrb) (Entered: 04/04/2000)
19 ORDER unfiling [18-1] motion to amend [3-1] answer, [13-1] intervenor answer by defendant Red River Bev Co due to the following deficiency: It is not clear whether plf opposes the relief sought; If motion opposed, it must be accompanied by a joint status report signed by the attys after they hold a face to face conference; See order for specifics Copies to counsel: 4.5.00 (signed by Judge Jeff Kaplan ) Page(s) 2 (mlh) (Entered: 04/05/2000)
20 MOTION with memorandum in support by plaintiff EEOC to quash, motion for protective order, and motion for sanctions (15+) (mlh) (Entered: 04/11/2000)
24 ORDER setting hearing: Motion hearing set for 8:30 4/14/00 for [20-1] motion to quash, motion for protective order, and motion for sanctions ( signed by Mag Kaplan) Copies to counsel: 4.12.00 Page(s): 2 (mlh) (Entered: 04/12/2000)
25 UNOPPOSED MOTION with memorandum in support by defendant Red River Bev Co to amend [13-1] intervenor answer, [3-1] answer (11) (mlh) (Entered: 04/12/2000)
22 FIRST AMENDED ANSWER to Complaint in Intervention by defendant Red River Bev Co : amends [13-1] intervenor answer (4) (mlh) (Entered: 04/12/2000)
23 FIRST AMENDED ANSWER to Complaint by defendant Red River Bev Co : amends [3-1] answer (4) (mlh) (Entered: 04/12/2000)
21 AGREED ORDER granting [25-1] motion to amend [13-1] intervenor answer, [3-1] answer ( signed by Mag Kaplan) Copies to counsel: 4.12.00 Page(s) 3 (mlh) (Entered: 04/12/2000)
Motion hearing re: [20-1] motion to quash, motion for protective order, and motion for sanctions Motion hearing held (mlh) (Entered: 04/14/2000)
26 Minute order: Motion hearing Held before Magistrate Judge Jeff Kaplan Court Reporter: elec (mlh) (Entered: 04/14/2000)
27 ORDER FOR IN CAMERA INSPECTION...Ordered that Intervenor submit under seal the medical records in the care, custody or control of Dr John Jeffers of Kimberly Hubbard from 8/1/97 to the present to Mag Kaplan no later than 12:00PM on 4/21/00 for in camera inspection ( signed by Mag Kaplan) Copies to counsel: 4.18.00 Page(s) 2 (mlh) (Entered: 04/18/2000)
28 ORDER granting in part, denying in part [20-1] motion to quash, motion for protective order, and motion for sanctions; Denied with respect to pages 1,2,7,35,37,38,39,40 & 50 of the medical records previously tendered to the Court for an in camera inspection; Hubbard shall produce these records to counsel for dft forthwith; Dft shall treat these records as confidential under terms and conditions that may be agreed to by the parties; The motion to quash and for protective order is denied in all other respects; The motion for sanctions is denied

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08/28/2000
09/14/2000 09/14/2000 09/14/2000 09/14/2000 09/15/2000

in its entirety ( signed by Mag Kaplan) Copies to counsel: 4.25.00 Page(s) 2 (mlh) (Entered: 04/25/2000)
29 MOTION with memorandum in support by defendant Red River Bev Co to extend discovery period (3) (mlh) (Entered: 07/05/2000)
30 STATUS REPORT by defendant Red River Bev Co (4) (mlh) (Entered: 07/05/2000)
31 UNOPPOSED MOTION by defendant Red River Bev Co to substitute Charles L Perry & Lara Reenan for David B Dyer as atty (3) (mlh) (Entered: 07/05/2000)
32 ORDER granting [31-1] motion to substitute Charles L Perry & Lara Reenan for David B Dyer as atty ( signed by Mag Kaplan) Copies to counsel: 7.6.00 Page(s) 2 (mlh) (Entered: 07/06/2000)
33 ORDER setting hearing: Motion hearing set for 10:00 7/12/00 for [29-1] motion to extend discovery period ( signed by Mag Kaplan) Copies to counsel: 7.6.00 Page(s): 2 (mlh) (Entered: 07/06/2000)
34 ORDER resetting hearing: Motion hearing set for 8:30 7/11/00 for [29-1] motion to extend discovery period ( signed by Mag Kaplan) Copies to counsel: 7.7.00 Page(s): 1 (mlh) (Entered: 07/07/2000)
Motion hearing re: [29-1] motion to extend discovery period Motion hearing held (mlh) (Entered: 07/11/2000)
35 Minute order: Motion hearing Held before Magistrate Judge Jeff Kaplan Court Reporter: elec (mlh) (Entered: 07/11/2000)
36 ORDER MODIFYING INITIAL SCHEDULING ORDER granting [29-1] motion to extend discovery period reset scheduling order deadlines: Deadline for filing of dispositive motions by 9/14/00 Discovery deadline on 8/31/00 In all other respects the Initial Scheduling Order dated 12/9/99 remains in effect ( signed by Mag Kaplan) Copies to counsel: 7.19.00 Page(s) 3 (mlh) (Entered: 07/19/2000)
37 AGREED PROTECTIVE ORDER...Any document designated as confidential pursuant to this Order which is filed with the Court whether in connection with any motion, hearing, trial shall be placed under seal by the Clerk pending further order of the Court; See order for specifics ( signed by Mag Kaplan) Copies to counsel: 8.28.00 Page(s) 4 (mlh) (Entered: 08/28/2000)
38 SEALED DOCUMENT placed in sealed area (svc) (Entered: 09/15/2000)
39 MOTION by defendant Red River Bev Co for summary judgment (13) (mlh) (Entered: 09/15/2000)
40 MEMORANDUM by defendant Red River Bev Co in support of [39-1] motion for summary judgment (15+) (mlh) (Entered: 09/15/2000)
41 APPENDIX by defendant Red River Bev Co in support of [39-1] motion for summary judgment (15+) (USC) (mlh) (Entered: 09/15/2000)
42 ORDER Response to motion reset to 10/16/00 for [39-1] motion for summary judgment , Reply to Response to Motion reset to 10/31/00 for [39-1] motion for

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12/08/2000
12/12/2000 12/12/2000 09/28/2001

summary judgment ( signed by Mag Kaplan) Copies to counsel: 9.15.00 Page(s) 2 (mlh) (Entered: 09/15/2000)
43 REFUSAL TO CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by intervenor-plaintiff Kimberly G Hubbard (1) (mlh) (Entered: 09/22/2000)
44 Refusal to consent to proceed before US Magistrate Judge by plaintiff EEOC (1) (cxj) (Entered: 09/26/2000)
45 RESPONSE by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard in opposition to [39-1] motion for summary judgment (3) (mlh) (Entered: 10/16/2000)
46 MEMORANDUM by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard in opposition to [39-1] motion for summary judgment (15+) (mlh) (Entered: 10/16/2000)
47 APPENDIX by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard in support of [46-1] opposition memorandum (15+) (USC) (mlh) (Entered: 10/16/2000)
48 RESPONSE by defendant Red River Bev Co in opposition to summary judgment evidence submitted by plf and intervenor (13) (mlh) (Entered: 11/01/2000)
48 MOTION with memorandum in support by defendant Red River Bev Co to strike evidence (13) (mlh) (Entered: 11/01/2000)
49 REPLY by defendant Red River Bev Co to response to [39-1] motion for summary judgment (15+) (mlh) (Entered: 11/01/2000)
50 APPENDIX by defendant Red River Bev Co in support of [48-1] motion to strike evidence, [48-1] opposition response (15+) (mlh) (Entered: 11/01/2000)
51 RESPONSE by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard to dft's objections to summary judgment evidence & [48-1] motion to strike evidence with brief (15+) (mlh) (Entered: 11/21/2000)
52 AGREED MOTION with memorandum in support by defendant Red River Bev Co to extend time for dfts to reply to plf and intervenor's response to dft's objection to summary judgment evidence and motion to strike (4) (mlh) (Entered: 12/06/2000)
53 ORDER granting [52-1] motion to extend time for dfts to reply to plf and intervenor's response to dft's objection to summary judgment evidence and motion to strike reset answer due for 12/12/00 for Red River Bev Co ( signed by Judge Solis) Copies to counsel: 12.8.00 Page(s) 1 (mlh) (Entered: 12/08/2000)
54 RESPONSE by defendant Red River Bev Co in opposition to [51-1] motion response (15+) (mlh) (Entered: 12/14/2000)
54 MOTION with memorandum in support by defendant Red River Bev Co to strike (15+) (mlh) (Entered: 12/14/2000)
55 ORDER mooting [54-1] motion to strike, mooting [48-1] motion to strike evidence, denying [39-1] motion for summary judgment. (see order for specifics) (Signed by Judge Jorge A. Solis) Copies to counsel: 10/01/01 Page(s) 11 (lmr)

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10/09/2001 10/10/2001 10/16/2001 10/19/2001
02/26/2002
07/16/2002 07/26/2002 07/26/2002 07/26/2002 07/26/2002 07/26/2002 07/26/2002 07/29/2002 08/02/2002 08/02/2002

(Entered: 10/01/2001)
56 ORDER..Re:option to consent to Trial before the Magistrate Judge, Joint Status Report and Order setting case for trial. set joint status report due for 10/16/01 (see order for specifics)(Signed by Magistrate Judge Jeff Kaplan) Copies to counsel: 10/02/01 Page(s) 4 (lmr) (Entered: 10/02/2001)
57 REFUSAL TO CONSENT BEFORE MAGISTRATE JUDGE by plaintiff EEOC.(1) (lmr) (Entered: 10/09/2001)
58 REFUSAL TO CONSENT BEFORE THE MAGISTRATE JUDGE by intervenor-plaintiff Kimberly G Hubbard.(1) (lmr) (Entered: 10/10/2001)
59 JOINT STATUS REPORT by defendant Red River Bev Co, plaintiff EEOC.(4) (lmr) (Entered: 10/17/2001)
60 SCHEDULING ORDER setting Docket call set for 9:00 8/19/02 ; Pretrial conference for 9:00 8/2/02 ; Pretrial materials due on 8/12/02 Proposed pretrial order due 7/26/02 ;(see order for specifics) (Signed by Judge Jorge A. Solis) Copies to counsel: 10/19/01 Page(s): 2 (lmr) (Entered: 10/19/2001)
61 NOTICE of ADDRESS CHANGE by intervenor-plaintiff Kimberly G Hubbard New address is:The Law Office of Alan L. Busch/Gerard Singer&Levick PC/16200 Addison Road/Suite 140/Addison, Texas 75001.(2) (lmr) (Entered: 02/27/2002)
62 UNOPPOSED MOTION with incorporated brief in support by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC to bifurcate trial on the issue of amount of punitive damages .(4) (lmr) (Entered: 07/17/2002)
63 Proposed issues and jury instructions No. 1 general court instructions by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC.(15+) (lmr) (Entered: 07/26/2002)
64 REPORT AS TO SETTLEMENT NEGOTIATIONS AND STATUS REPORT by intervenor-plaintiff Kimberly G Hubbard, defendant Red River Bev Co, plaintiff EEOC.(2) (lmr) (Entered: 07/26/2002)
65 Witness list by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC.(3) (lmr) (Entered: 07/26/2002)
66 Witness list by defendant Red River Bev Co.(4) (lmr) (Entered: 07/29/2002)
67 Proposed issues and jury instructions by defendant Red River Bev Co.(15+) (lmr) (Entered: 07/29/2002)
68 SUPPLEMENTAL DOCUMENT to [67-1] instructions jury by defendant Red River Bev Co.(5) (lmr) (Entered: 07/29/2002)
69 JOINT PRETRIAL ORDER filed.(see order for specifics) ( signed by Judge Jorge A. Solis) Copies to counsel: 07/30/02 Page(s): 7 (lmr) (Entered: 07/30/2002)
Pre-trial conference held (lmr) (Entered: 08/02/2002)
70 Minute order: Pretrial Conference held before Judge Jorge A. Solis Court. Reporter: Shawn McRoberts.(1) (lmr) (Entered: 08/02/2002)

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08/07/2002 08/07/2002 08/07/2002 08/07/2002 08/09/2002
08/09/2002
08/12/2002 08/12/2002 08/12/2002
08/12/2002
08/12/2002
08/12/2002 08/12/2002

71 BRIEF REGARDING "INTEGRATED ENTERPRISE" ISSUE by defendant Red River Bev Co.(5) (lmr) (Entered: 08/07/2002)
72 DEPOSITION DESIGNATIONS by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard (5) (aat) (Entered: 08/08/2002)
73 NOTICE OF FILING OF EXHIBIT LIST by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard (6) (aat) (Entered: 08/08/2002)
74 BRIEF supporting finding that Cowboys Red River and Cowboys Arlington constitute an integrated enterprise by plaintiff EEOC, intervenor-plaintiff Kimberly G Hubbard (15+) (Exhibits not imaged) (aat) (Entered: 08/08/2002)
75 NOTICE of filing by plaintiff EEOC, intervenor-plaintiff Kimberly Hubbard's amended exhibit list (6) (cxj) (Entered: 08/08/2002)
76 Exhibit list by defendant Red River Bev Co (5) (jrb) (Entered: 08/08/2002)
77 Designation of Deposition Experts by defendant Red River Bev Co (10) (jrb) (Entered: 08/08/2002)
78 MOTION with memorandum in support by defendant Red River Bev Co to strike interrogatory responses (15+)(exhibits not imaged) (jrb) (Entered: 08/08/2002)
79 REPLY by defendant Red River Bev Co to Plaintiff EEOC'S and Intervenors's brief supporting finding that Cowboy Red River and Cowboys Arlington Constitute an intergrated enterprise[74-1] remark.(5) (lmr) (Entered: 08/12/2002)
80 TRIAL BRIEF REGARDING INTERVENOR'S CLAIMS UNDER TEXAS LABOR CODE by defendant Red River Bev Co.(13)(exhibits not imaged) (lmr) (Entered: 08/12/2002)
81 Proposed voir dire questions by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC.(6) (lmr) (Entered: 08/13/2002)
82 MOTION with memorandum in support by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC in limine .(10) (lmr) (Entered: 08/13/2002)
83 NOTICE of Filing Amended Proposed Jury Instruction No. 10 on the Issue of Retaliation by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC.(5)(attachments not imaged) (lmr) (Entered: 08/13/2002)
84 RESPONSE by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC to [78-1] motion to strike interrogatory responses.(15+)(exibits not imaged) (lmr) (Entered: 08/13/2002)
85 OBJECTIONS/RESPONSE by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC to [77-1] designation of deposition excerpts.(8) (lmr) (Entered: 08/13/2002)
86 OBJECTIONS/RESPONSE by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC to [76-1] exhibits list.(4) (lmr) (Entered: 08/13/2002)
87 OBJECTIONS/RESPONSE by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC to [67-1] instructions jury.(7) (lmr) (Entered: 08/13/2002)

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08/20/2002
08/21/2002 08/22/2002 08/22/2002 08/22/2002 08/23/2002 08/26/2002 08/27/2002 08/27/2002
08/27/2002

88 OBJECTIONS/RESPONSE by defendant Red River Bev Co to [65-1] witness list.(5) (lmr) (Entered: 08/13/2002)
89 OBJECTIONS/RESPONSE by defendant Red River Bev Co to [81-1] voir dire jury.(8) (lmr) (Entered: 08/13/2002)
90 OBJECTIONS/RESPONSE by defendant Red River Bev Co to [72-1] designation deposition excerpts.(12) (lmr) (Entered: 08/13/2002)
91 MOTION with memorandum in support by defendant Red River Bev Co in limine .(9) (lmr) (Entered: 08/13/2002)
92 Proposed voir dire questions by defendant Red River Bev Co.(7) (lmr) (Entered: 08/13/2002)
93 OBJECTIONS/RESPONSE by defendant Red River Bev Co to [73-1] exhibits list.(13) (lmr) (Entered: 08/13/2002)
94 RESPONSE by intervenor-plaintiff Kimberly G Hubbard in opposition to [80-1] trial brief regarding intervenor's claim under Texas Labor Code.(15+)(attachments not imaged) (lmr) (Entered: 08/16/2002)
95 AFFIDAVIT OF CHARLES L. PERRY.(5)(exhibits not imaged) (lmr) (Entered: 08/19/2002)
96 REPLY by defendant Red River Bev Co to [94-1] opposition response to defendant's brief regarding intervenor's claims under Texas Labor Code.(15+)(exhibits not imaged) (lmr) (Entered: 08/20/2002)
97 OBJECTIONS/RESPONSE by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC to Defendant's Designation pursuant to FRE 106.(4) (lmr) (Entered: 08/21/2002)
98 Amended Witness list by intervenor-plaintiff Kimberly G Hubbard, plaintiff EEOC.(5) (lmr) (Entered: 08/21/2002)
99 NOTICE of attorney appearance for plaintiff EEOC by Toby W Costas.(2) (lmr) (Entered: 08/22/2002)
100 OBJECTIONS/RESPONSE by defendant Red River Bev Co in to [98-1] amended witness list.(2) (lmr) (Entered: 08/23/2002)
101 SUPPLEMENTAL OBJECTIONS/DOCUMENT to [93-1] opposition response by defendant Red River Bev Co.(2) (lmr) (Entered: 08/23/2002)
102 Subpoena in a Civil Case/Return of service unexecuted as to Renay Dangleis. (4) (lmr) (Entered: 08/23/2002)
103 Jury roll.(7) (lmr) (Entered: 08/27/2002)
Day 1 of Jury trial held. (lmr) (Entered: 08/27/2002)
104 Minute order: Day 1 of Jury Trial held before Judge Jorge A. Solis.. Court Reporter: Shawn McRoberts. Jury selected and sworn. Plaintiffs evidence presented.(1) (lmr) (Entered: 08/27/2002)
Day 2 of Jury trial held. (lmr) (Entered: 08/28/2002)

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105 Minute order:Day 2 of Jury trial before Judge Jorge A. Solis Court. Reporter: Shawn McRoberts.(1) (lmr) (Entered: 08/28/2002)
Day 3 of Jury trial held (lmr) (Entered: 08/28/2002)
106 Minute order: Day 3 of Jury Trial held before Judge Jorge A. Solis Court. Reporter: Shawn McRoberts.(1) (lmr) (Entered: 08/28/2002)
107 RECEIPT OF EXHIBITS...Exhibits for the Defendant are hereby returned to Counsel to be kept in his or her possession. In the event of appeal Counsel is respnsibility to forward the exhibits to the Court of Appeals.(1) (lmr) (Entered: 08/28/2002)
108 RECEIPT OF EXHIBITS...Exhibits for the Plaintiff are hereby returned to Counsel to be kept in his or her possession. In the event of appeal Counsel is respnsibility to forward the exhibits to the Court of Appeals.(1) (lmr) (Entered: 08/28/2002)
109 Court's charge to jury.(15+) (lmr) (Entered: 08/28/2002)
110 FINAL JUDGMENT..Pursuant to the Jury Verdict of August 28, 2002, Plaintiff is awarded $30,000.00 in compensatory damages and $125,000.00 in punitive damages. Accordingly, costs incurred by plaintiff shall be assessed against defendnat. ( Signed by Judge Jorge A. Solis ) Copies to counsel: 08/29/02 Page(s): 1 (lmr) (Entered: 08/29/2002)
Case closed (lmr) (Entered: 08/29/2002)
111 MOTION with memorandum in support by plaintiff EEOC to amend [110-1] judgment order by adding post-judgment interest entering permanent injunction .(14)(attachments not imaged) (lmr) Modified on 10/11/2002 (Entered: 09/09/2002)
112 MOTION with memorandum in support by intervenor-plaintiff Kimberly G Hubbard for attorney fees and costs .(15+)(exhibits not image) (lmr) (Entered: 09/10/2002)
113 ORDER vacating [110-1] judgment order ..The Final Judgment filed on August 29, 2002 is hereby vacated. A final judgment will be issued after the issue of injunctive relief is resolved. The EEOC is directed to file its motion for injuncitve relief within 10 days from the date of this order.(see order for specifics) ( Signed by Judge Jorge A. Solis ) Copies to counsel: 09/10/02 Page(s) 2 (lmr) (Entered: 09/10/2002)
Case reopened per chambers..Order 09/09/02.. (lmr) (Entered: 09/10/2002)
114 RESPONSE by defendant Red River Bev Co to [111-1] motion to amend [110-1] judgment order by adding post-judgment interest entering permanent injunction and incorporated brief.(11) (lmr) Modified on 10/11/2002 (Entered: 09/27/2002)
115 RESPONSE by defendant Red River Bev Co to [112-1] motion for attorney fees and costs.(15+)(exhibits not imaged) (lmr) (Entered: 10/01/2002)
116 REPLY by plaintiff EEOC to response to [111-1] motion to amend [110-1] judgment order by adding post-judgment interest entering permanent injunction.(11)(exhibit not imaged) (lmr) (Entered: 10/11/2002)

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117 REPLY by intervenor-plaintiff Kimberly G Hubbard to response to [112-1] motion for attorney fees and costs.(11)(attachments not imaged) (lmr) (Entered: 10/16/2002)
118 ORDER granting [112-1] motion for attorney fees and costs. It is ordered that Intervenor's counsel is awarded $33,220.00 in attorney's fees and $10,000.00 in appellate attoreny's fees contingent upon ultimate success on appeal to the Fifth Circuit, $10,000.00 in attorney's fees contingent upon filing Wrig of Certiorari to the United States Supreme Court, and $10,000 in attorney's fees contingent upon the United States Supreme Court granting Writ of Certiorari.(see order for specifics) ( Signed by Judge Jorge A. Solis ) Copies to counsel: 11/19/02 Page(s) 4 (lmr) (Entered: 11/19/2002)
119 MOTION with memorandum in support by defendant Red River Bev Co for reconsideration of [118-1] order regarding Intervenor's motion for attorney's fees and costs .(6) (lmr) (Entered: 12/03/2002)
120 RESPONSE by intervenor-plaintiff Kimberly G Hubbard to [119-1] motion for reconsideration of [118-1] order regarding Intervenor's motion for attorney's fees and costs and brief in support.(4) (lmr) (Entered: 12/13/2002)
120 BRIEF/MEMORANDUM by intervenor-plaintiff Kimberly G Hubbard in support of [120-1] motion response.(4) (lmr) (Entered: 12/13/2002)
121 REPLY by defendant Red River Bev Co to response to [119-1] motion for reconsideration of [118-1] order regarding Intervenor's motion for attorney's fees and costs.(5) (lmr) (Entered: 12/31/2002)
122 ORDER denying [119] Motion for Reconsideration of Court's Order of November 19, regarding Intervenor's Motion for Attorney's fees and Costs.(see order for specifics) (Signed by Judge Jorge A Solis on 02/19/03) (lmr, ) (Entered: 02/20/2003)
123 NOTICE OF APPEAL as to 122 Order on Motion for Reconsideration, 118 Order,, by Red River Beverage Company. NO FEE PAID. TO Mailed.cc:Judge. (jmr, ) Additional attachment(s) added on 3/25/2003 (jmr, ). (Entered: 03/24/2003)
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 123 Notice of Appeal (jmr, ) (Entered: 03/24/2003)
USCA Appeal Fees received $ 105 receipt number 192466 re 123 Notice of Appeal filed by Red River Beverage Company (jmr, ) (Entered: 03/26/2003)
124 ORDER granting in part and denying in part 111 Motion to amend [110-1] judgment order by adding post-judgment interest entering permanent injunction.(see order for specifics) (Signed by Judge Jorge A Solis on 03/27/03) (lmr, ) (Entered: 03/31/2003)
125 INJUNCTION/ORDER:It is hereby ordered that Defendant, Red River Beverage Co d/b/a Cowboys Red River and Cowboys Red River Dance Hall and Saloon it officers, agents, managers, servants, employees, attorneys, successors, assigns and all persons in active concert or participation with it, who receive actual notice of this order by personal service or otherwise are hereby enjoined and restrained from discriminating against any employee who has opposed any

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employment practice made unlawful under Title VII or because an employee has filed a charge of discrimination with the EEOC, testified, assisted or participated in any manner in any investigation, proceeding, or hearing Under Title VII.(see order for specifics) (Signed by Judge Jorge A Solis on 03/27/03) (lmr, ) (Entered: 03/31/2003)
126 AMENDED FINAL JUDGMENT... Intervenor Kimberly Hubbard is awarded compensatory and punitive damages in the amount of $50,000.00. Plaintiff EEOC is granted an injucntion for three years against Defendant. The judgment will carry post-judgment interest at the rate of 1.32% from August 28, 2003 until paid.(see order for specifics) (Signed by Judge Jorge A Solis on 03/27/03) (lmr, ) (Entered: 03/31/2003)
127 NOTICE OF CROSS APPEAL as to 126 Judgment, by Kimberly G Hubbard. Filing fee $ 105.00, receipt number 192872 TOOC. (jmr, ) (Entered: 04/02/2003)
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 127 Notice of Appeal (jmr, ) (Entered: 04/02/2003)
USCA Case Number 03-10291 for 123 Notice of Appeal filed by Red River Beverage Company. (jmr, ) (Entered: 04/07/2003)
128 BILL OF COSTS by Equal Employment Opportunity Commission.(attachments not imaged) (lmr, ) (Entered: 04/11/2003)
Costs Taxed in amount of $3801.55 against Red River Beverage Company. (lmr, ) (Entered: 04/11/2003)
130 PARTIALLY AGREED and OPPOSED MOTION to modify Injuncton by Red River Beverage Company with brief. (lmr, ) (Entered: 04/15/2003)
129 BILL OF COSTS by Equal Employment Opportunity Commission.(attachments not imaged) (lmr, ) (Entered: 04/15/2003)
Costs Taxed in amount of $ $3021.85 against Red River Beverage Company. (lmr, ) (Entered: 04/15/2003)
131 OBJECTIONS to 129 Amended Bill of Costs and (Motion fo Disallow such costs and brief) filed by Red River Beverage Company. (lmr, ) Modified on 4/16/2003 (lmr, ). (Entered: 04/16/2003)
(OBJECTIONS to Plaintiffs Amended Bill of Costs) MOTION to disallow costs by Red River Beverage Company with brief. (lmr, ) (Entered: 04/16/2003)
132 RESPONSE in Opposition re 131 objections to plaintiff's amended bill of costs dated 4/10/03, filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 04/23/2003)
134 BILL OF COSTS by Equal Employment Opportunity Commission.(attachments not imaged) (lmr, ) Modified on 4/25/2003 (lmr, ). (Entered: 04/25/2003)
USCA Case Number 03-10348 for 127 Notice of Appeal filed by Kimberly G Hubbard. (jmr, ) (Entered: 04/24/2003)
133 RESPONSE to 130 MOTION to modify Injuncton filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 04/25/2003)

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Costs Taxed in amount of $ 2010.85 against Red River Beverage Co. (lmr, ) (Entered: 04/25/2003)
135 NOTICE OF FILING OF POLICY by Red River Beverage Company. (lmr, ) (Entered: 04/29/2003)
136 JUDGMENT/MANDATE of USCA: Pursuant to the joint motion of the parties these appeals are dismissed; as to 123 Notice of Appeal filed by Red River Beverage Company, 127 Notice of Appeal filed by Kimberly G Hubbard. Issued as Mandate: 5/5/03. (jmr, ) (Entered: 05/12/2003)
137 ORDER granting in part and denying in part 130 Motion to Modify Injunction. Defendant requests that the Court modify the Injunction to add the following language,"This injunction shall expire by its term (3) years after March 27, 2003. The Court Denies Defendant's request to modify the Injunction with the articulatd language relating to those covered by the Injunction.(see order for specifics) (Signed by Judge Jorge A Solis on 05/15/03) (lmr, ) (Entered: 05/16/2003)
138 AMENDED INJUNCTION/ORDER:It is ordered that until March 27, 2006 the Defendant shall notify the Dallas District Office of the EEOC of all instances in which an employee who has filed a charge of discrimination with the EEOC of all instances in which an employee who has filed a charge of discrimination with the EEOC has subsequently been terminated, suspended, transferred, demoted, or has his or her schedule hours cut by more than 40%.(see order for specifics) (Signed by Judge Jorge A Solis on 05/15/03) (lmr, ) (Entered: 05/16/2003)

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 .

•

c

No. 03-10291
3-,- t1q e-(j-;(P-]S-"P

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Plaintiff

KIMBERLY G HUBBARD

Intervenor Plaintiff - Appellee-Cross-Appellant

v.
RED RIVER BEVERAGE COMPANY, doing business as Cowboys Red River, doing business as Cowboys Red River Dance Hall and Saloon

Intervenor Defendant - Appellant-Cross-Appellee

ENTRY OF DISMISSAL
Pursuant to the joint motion of the parties these appeals are dismissed this 5th day of May, 2003, see FED.R.App. P. 42(b).

DIS-4

CHARLES R. FULBRUGE III Clerk of the United States Court of Appeals for the Fifth Cir it

By: \~

Clerk

FOR THE COURT - BY DIRECTION

CHARLES R. FULBRUGE III CLERK

United States Court of Appeals
FIFfH CIRCUIT OFFICE OF THE CLERK

TEL. 504-310-7700 600 CAMP STREET NEW ORLEANS, LA 70130

May 5, 2003
Ms Karen S Mitchell, Clerk Northern District of Texas, Dallas United States District Court 1100 Commerce Street Room 14A20 Dallas, TX 75242
No. 03-10291 EEOC v. Red River Beverage USDC No. 3:99-CV-1685-P
Enclosed is a certified copy of the judgment issued as the mandate.

cc: w/encl: Mr Alan L Busch Mr Charles L Perry
MDT-1

Sincerely, CHARLES R. FULBRUGE III" Clerk
By:

 
 FY 2002 Office of General Counsel Annual Report

http://www.eeoc.gov/litigation/02annrpt.html

Retaliation
Employees who complain about or oppose employment discrimination are protected against retaliation under the laws enforced by the Commission. Retaliation can take many forms, including discharge, harassment, demotion, reduction in pay or other action that adversely affects employment. Because retaliation discourages individuals from asserting their rights, cases involving this issue are a priority in the Commission's enforcement program.
In EEOC v. Red River Beverage Co., the jury returned a verdict, finding that a country and western dance hall fired an employee in retaliation for filing an EEOC charge alleging the dance hall discriminated against her because she was pregnant. The jury awarded her $155,000 in damages.

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