Case 1:00-cv-00595-SS Document 17 Filed 04/05/2001 Page 1 of 6

RECEIVED
APR 0 5 2001

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

F, lED

CLERK, U.S. DISTRICT COURT

AUSTIN DIVISION

WESTERN DISTRICT OF nXAS

BY EQU~Q~IJT OPPORTUNITY §

COMMISSION,

§

§

APR - 5 2001

U. S. DISTRICT COURT

BY

CLfELRnK'S

OPFICE ' DEPUTY

Plaintiff,

§

§

VS.

§ Civil Action No. AOOCA595SS

§

CAPITOL ANESTHESIOLOGY

§ Jury Trial Demanded

ASSOCIATION,

§

§

Defendant.

§

COMPLAINT IN INTERVENTION

TO THE HONORABLE COURT:

Intervenors, Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart,

Gina Wolff, and Shirley Wolff, file this Complaint in Intervention as Party-Plaintiffs, pursuant to

Rule 24, Federal Rules of Civil Procedure.

Parties

1. Intervenor Jo Ann Diaz is an individual who resides in Austin, Texas.

2. Intervenor Theresa Hitt is an individual residing in Austin, Texas.

3. Intervenor Debora Kruger is an individual residing in Bastrop, Texas.

4. Intervenor Diana Martinez is an individual residing in Round Rock, Texas.

5. Intervenor Annette Rinehart is an individual residing in Austin, Texas.

6. Intervenor Gina Wolff is an individual residing in Bertram, Texas.

7. Intervenor Shirley Wolff is an individual residing in Bertram, Texas.

8. PlaintiffEqual Employment Opportunity Commission ("EEOC") is an agency of the

1

\1

Case 1:00-cv-00595-SS Document 17 Filed 04/05/2001 Page 2 of 6
United States government. 9. Defendant, Capitol Anesthesiology Association ("CAA"), is a professional
association. Defendant CAA has answered and appeared herein. The Original Lawsuit
10. The EEOC sued Defendant alleging that Defendant had committed unlawful employment practices, and seeking relief for Intervenors who were adversely affected by those practices. The EEOC alleges that Intervenors were not given an opportunity to apply for a position, and were denied a promotion because they are female. Defendant has answered denying the allegations.
Factual Allegations 11. Intervenors were all employed by Defendant in its insurance section. 12. At all times relevant, Defendant was an "employer" of the Intervenors, has continuously had at least fifteen employees, and has been an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g), and (h) of Title VII of the Civil Rights Act, 42 U.S.C. §§2000e-(b), (g), and (h). 13. At all times relevant, Intervenors were "employees" of the Defendant, as that term is defined in Section 701(f) of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e(f). 14. The Intervenors are all female. On or about January 28, 1999, Defendant promoted a male employee to the position of Insurance Supervisor. Although the Defendant had routinely posted available positions and allowed applications for vacant positions from within its organization, the position ofInsurance Supervisor was not posted and each Intervenor was denied the opportunity to apply for the position. Intervenors were denied the promotion because they were female.
2

Case 1:00-cv-00595-SS Document 17 Filed 04/05/2001 Page 3 of 6
15. At the time ofhis promotion to Insurance Supervisor, the male employee was far less qualified for the position than any of the Intervenors. The male employee had less than 18 months experience working for Defendant and no prior insurance experience prior to his employment with Defendant. Each Intervenor had worked for Defendant for at least as long as the male employee (four of them having been with Defendant for 8 years or more). Each Intervenor had more experience in insurance work than the male employee Defendant promoted. Intervenors' prior work performance with Defendant had all been evaluated as good, very good, outstanding, and superior.
Cause of Action 16. At all times material to this action, Defendant wrongfully discriminated against each Intervenor in violation of the Title VII of the Civil Rights Act, and intentionally engaged in practices, policies, customs and usages made unlawful by Title VII, which denied Intervenors equal employment opportunities because of their gender, by failing to consider any of them for the promotion to the position of Insurance Supervisor. 17. By reason of the foregoing, Defendant deprived Intervenors of certain benefits, privileges, terms and conditions of employment, because they are female, all to their damage and injury.
Damages 18. As a result of the above discriminatory conduct, each Intervenor has been damaged in that each Intervenor has lost wages and benefits in the past and will reasonably suffer a loss of future earnings and earning capacity and benefits. Each Intervenor has further suffered nonpecuniary losses resulting from the unlawful employment practices complained ofabove, including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, and may
3

Case 1:00-cv-00595-SS Document 17 Filed 04/05/2001 Page 4 of 6
continue so to suffer in the future, in amounts to be determined at trial. 19. Intervenors will show that they are entitled to exemplary damages in amounts to be
determined at trial as a result of the willful, intentional, reckless, and malicious wrongful conduct by the Defendant.
20. Intervenors have employed an attorney to vindicate their rights under the law, and seek reasonable and necessary attorneys' fees through trial and in the event of any appeals. In addition, Intervenors seek to recover prejudgment and postjudgment interest.
Conditions Precedent 21. Intervenors each timely filed a charge of discrimination. All conditions precedent to the filing of this action have been met.
Jury Demand 22. Intervenors request a jury trial, as Plaintiff previously requested in the Original Complaint filed in this action.
Prayer for Relief WHEREFORE, Intervenors pray that upon final trial of this cause, Intervenors have and recover judgment from the Defendant as follows: actual damages in a sum to be determined at trial; punitive damages in a sum t be determined at trial; attorney's fees; prejudgment interest as provided by law; interest on the judgment at the legal rate; costs of court; and such other and further relief to
4

Case 1:00-cv-00595-SS Document 17 Filed 04/05/2001 Page 5 of 6

which Intervenors may be justly entitled.

Respectfully submitted,
Law Office of Joe Richard Flores, P.C. 512 E. Riverside Dr., Suite 104 Austin, Texas 78704 Telephone No: (512) 443-5525 Facsimile No: (512) 443-5524
BY:U~ Carter C. White State Bar No. 21290300
Attorney for Intervenors

5

Case 1:00-cv-00595-SS Document 17 Filed 04/05/2001 Page 6 of 6

Certificate of Service ('(l'On this) day of April, 2001, I served all parties with a copy of the above document, as follows:

Connie Cornell Jenkins & Gilchrist 2200 One American Center 600 Congress Avenue Austin, Texas 78701 by facsimile 404-3520

Judith G. Taylor Equal Employment Opportunity Commission 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555 by facsimile (210) 281-7669

wWhit~ e~ Carter C.

6

 
 Case 1:00-cv-00595-SS Document 27
RECEIVED

Filed 07/18/2001 Page 1 of 7

2001 IN THE UNITED STATES DISTRICT COURT

CLERK, U.S. STRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

WESTER S RICT OF TEXAS

AUSTIN DIVISION

BY ______~~~~~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
VS.
CAPITOL ANESTHESIOLOGY ASSOCIATION,
Defendant.

§ § § § § § Civil Action No. AOOCA595SS § § Jury Trial Demanded § § §

FIRST AMENDED COMPLAINT IN INTERVENTION

TO THE HONORABLE COURT:

Intervenors, Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart,

Gina Wolff, and Shirley Wolff, file this First Amended Complaint in Intervention as Party-Plaintiffs,

pursuant to Rule 24, Federal Rules of Civil Procedure.

Parties

1. Intervenor Jo Ann Diaz is an individual who resides in Austin, Texas.

2. Intervenor Theresa Hitt is an individual residing in Austin, Texas.

3. Intervenor Debora Kruger is an individual residing in Bastrop, Texas.

4. Intervenor Diana Martinez is an individual residing in Round Rock, Texas.

5. Intervenor Annette Rinehart is an individual residing in Austin, Texas.

6. Intervenor Gina Wolff is an individual residing in Bertram, Texas.

7. Intervenor Shirley Wolff is an individual residing in Bertram, Texas.

8. PlaintiffEqual Employment Opportunity Commission ("EEOC") is an agency of the

1

Case 1:00-cv-00595-SS Document 27 Filed 07/18/2001 Page 2 of 7
United States government. 9. Defendant, Capitol Anesthesiology Association ("CAA"), IS a professional
association. Defendant CAA has answered and appeared herein. The Original Lawsuit
10. The EEOC sued Defendant alleging that Defendant had committed unlawful employment practices, and seeking relief for Intervenors who were adversely affected by those practices. The EEOC alleges that Intervenors were not given an opportunity to apply for a position, and were denied a promotion because they are female. Defendant has answered denying the allegations.
Factual Allegations 11. Intervenors were all employed by Defendant in its insurance section. 12. At all times relevant, Defendant was an "employer" of the Intervenors, has continuously had at least fifteen employees, and has been an employer engaged in an industry affecting commerce within the meaning of Section 701 (b), (g), and (h) of Title VII of the Civil Rights Act, 42 U.S.c. §§2000e-(b), (g), and (h). 13. At all times relevant, Intervenors were "employees" of the Defendant, as that term is defined in Section 701(f) of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e(f). 14. At all times relevant, Defendant was an "employer" of the Plaintiffs, and Plaintiffs were "employees" ofthe Defendant, as those terms are defined in the Texas Commission on Human Rights Act, Tex. Labor Code §§ 21.002 (7) & (8). 15. The Intervenors are all female. On or about January 28, 1999, Defendant promoted a male employee to the position of Insurance Supervisor. Although the Defendant had routinely
2

Case 1:00-cv-00595-SS Document 27 Filed 07/18/2001 Page 3 of 7
posted available positions and allowed applications for vacant positions from within its organization, the position ofInsurance Supervisor was not posted and each Intervenor was denied the opportunity to apply for the position. Intervenors were denied the promotion because they were female.
16. At the time ofhis promotion to Insurance Supervisor, the male employee was far less qualified for the position than any ofthe Intervenors. The male employee had less than 18 months experience working for Defendant and no prior insurance experience prior to his employment with Defendant. Each Intervenor had worked for Defendant for at least as long as the male employee (four of them having been with Defendant for 8 years or more). Each Intervenor had more experience in insurance work than the male employee Defendant promoted. Intervenors' prior work performance with Defendant had all been evaluated as good, very good, outstanding, and superior.
17. Intervenor Diana Martinez continued to work for Defendant into the year 2000. In June, 2000, Martinez was served with a subpoena to appear as a witness in Williamson County Court at Law Number Three in a domestic relations matter. Martinez received less than 48 hours notice that her presence in court as a witness was required. Martinez notified Defendant that she would be absent due to the subpoena, but her absence was determined to be "unexcused" under Defendant's policy requiring 48 hours notice ofany absence. This in turn deprived Martinez ofeligibility for any bonus compensation from Defendant for that calendar quarter.
Cause of Action· Emplovment Discrimination in Violation of Federal Law 18. At all times material to this action, Defendant wrongfully discriminated against each Intervenor in violation of the Title VII of the Civil Rights Act, and intentionally engaged in practices, policies, customs and usages made unlawful by Title VII, which denied Intervenors equal employment opportunities because of their gender, by failing to consider any of them for the
3

Case 1:00-cv-00595-SS Document 27 Filed 07/18/2001 Page 4 of 7
promotion to the position ofInsurance Supervisor. 19. By reason of the foregoing, Defendant deprived Intervenors of certain benefits,
privileges, terms and conditions of employment, because they are female, all to their damage and Injury.
Cause of Action - Employment Discrimination in Violation of Texas Law 20. At all times material to this action, Defendant wrongfully discriminated against each Intervenor in violation ofthe Texas Commission on Human Rights Act, Tex. Labor Code § 21.051, et seq., by failing to consider any ofthem for the promotion to the position ofInsurance Supervisor. 21. By reason of the foregoing, Defendant deprived Intervenors of certain benefits, privileges, terms and conditions of employment, because they are female, all to their damage and InJury.
Cause of Action - Penalizing Employee for Compliance with Subpoena 22. Defendant wrongfully disciplined and penalized Intervenor Diana Martinez in violation ofTex. Labor Code §52.051, by depriving her ofeligibility for bonus compensation during the relevant time period due to her absence in June 2000 when she was required to appear in a state court matter under subpoena. 23. By reason of the foregoing, Defendant deprived Intervenors of certain benefits, privileges, terms and conditions of employment, because they are female, all to their damage and InJury.
Damages 24. As a result of the above discriminatory conduct, each Intervenor has been damaged in that each Intervenor has lost wages and benefits in the past and will reasonably suffer a loss of
4

Case 1:00-cv-00595-SS Document 27 Filed 07/18/2001 Page 5 of 7
future earnings and earning capacity and benefits. Each Intervenor has further suffered nonpecuniary losses resulting from the unlawful employment practices complained ofabove, including, but not limited to, emotional pain, suffering, loss of enjoyment of life, and humiliation, and may continue so to suffer in the future, in amounts to be determined at triaL
25. Intervenors will show that they are entitled to exemplary damages in amounts to be determined at trial as a result of the willful, intentional, reckless, and malicious wrongful conduct by the Defendant.
26. Intervenors have employed an attorney to vindicate their rights under the law, and seek reasonable and necessary attorneys' fees through trial and in the event of any appeals. In addition, Intervenors seek to recover prejudgment and postjudgment interest.
Conditions Precedent 27. Intervenors each timely filed a charge of discrimination. All conditions precedent to the filing of this action have been met.
Jury Demand 28. Intervenors continue to request a jury trial, as Plaintiff previously requested in the Original Complaint filed in this action, and as Intervenors Requested in their Complaint in Intervention ..
Prayer for Relief WHEREFORE, Intervenors pray that upon final trial of this cause, Intervenors have and recover judgment from the Defendant as follows: actual damages in a sum to be determined at trial; punitive damages in a sum t be determined at trial; attorney's fees; prejudgment interest as provided by law; interest on the judgment at the legal rate; costs ofcourt; and such other and further relief to
5

Case 1:00-cv-00595-SS Document 27 Filed 07/18/2001 Page 6 of 7

which Intervenors may be justly entitled.

Respectfully submitted,
Law Office of Joe Richard Flores, P.C. 512 E. Riverside Dr., Suite 104 Austin, Texas 78704 Telephone No: (512) 443-5525 Facsimile No: (512) 443-5524
By: wu~ Carter C. White State Bar No. 21290300
Attorney for Intervenors

6

Case 1:00-cv-00595-SS Document 27 Filed 07/18/2001 Page 7 of 7

Certificate of Service

this1~y On

of July, 2001, I served all parties with a copy of the above document, as

follows:

Connie Cornell Jenkins & Gilchrist 2200 One American Center 600 Congress Avenue Austin, Texas 78701

Judith G. Taylor Equal Employment Opportunity Commission 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229-3555

~<Zc:?~
Carter C. White

7

 
 Case 1:00-cv-00595-SS Document 32 Filed 08/16/2001 Page 1 of 6

FILED IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

AUG 1 6 2001

EQUAL EMPLOYMENT OPPORTUNITY §

COMl\USSION

§

§

Plaintiff,

§

§

vs.

§

§

CAPITAL ANESTHESIOLOGY

§

ASSOCIATION,

§

§

Defendant.

§

CLERK, U.S. DISTRICT COURT
:VESTERN D~CT OF T.EX:~
DEPUTY CLERK
Civil Action No. A-OOCA-595-SS

SETTLEMENT AGREEMENT The parties to this Settlement Agreement (the "Agreement") are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, Capitol Anesthesiology Association ("Capitol"). The EEOC initiated this lawsuit under Title VIT ofthe Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of gender. Capitol denies the allegations brought by the EEOC as alleged in the Complaint filed ~n this Civil Action, and specifically denies it discriminated against any individual on the basis of gender or that it engaged in any unlawful practice under Title VIT. The EEOC and Capitol wish to settle this action, without the necessity of further litigation, pursuant to the terms delineated in this Agreement, and the EEOC and Capitol agree that the execution and/or entry ofthe Agreement does not serve as an admission ofliability on Capitol's part. IT IS ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction ofthe subject matter ofthis action and the parties, venue is proper, and all administrative prerequisites to the EEOC's filing ofthis action have been met. The

Case 1:00-cv-00595-SS Document 32 Filed 08/16/2001 Page 2 of 6
parties stipulate to the Court's jurisdiction. 2. This Agreement resolves only the equitable and injunctive issues raised in EEOC's
complaint in this case. The EEOC waives further litigation of all issues raised in the abovereferenced complaint, however, such waiver does not affect the rights of Shirley A. Wolff, Carole Annette Rinehart, Debora A. Kruger, Gina K. Wolff, Theresa M. Hitt, Jo Ann Diaz and Diana Martinez (the "Intervenors"), to pursue any relief sought in the Intervenors' Complaint, including but limited to monetary relief. EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Capitol, and which are unrelated to the facts and claims raised in the Charges filed by Shirley A. Wolff assigned to Charge Number 36A-99-0202; Carole Annette Rinehart assigned to Charge Number 36A-990203; Debora A. Kruger assigned to Charge Number 36A-99-0204; Gina K. Wolff assigned to Charge Number 36A-99-0205; Theresa M. Hitt assigned to Charge Number 36A-99-0207; Jo Ann Diaz assigned to Charge Number 36A-99-0208; and Diana Martinez assigned to Charge Number 36A-99-0231.
3. The duration ofthis Agreement shall be one year from the date of its filing with the Court. This Court shall retain j urisdiction ofthis action during the period ofthis Agreement and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement ofits provisions. Any violation ofthe Agreement by Defendant Capitol or its agents or assigns shall toll the running of this one-year period as of the date of the violation. If the Court subsequently determines this Agreement was violated, the one-year period shall recommence and continue from the date of entry of an Order setting out such a violation or until such time as ordered by the Court. Should the Court find the Agreement was not violated, the one-year period shall recommence,
2

Case 1:00-cv-00595-SS Document 32 Filed 08/16/2001 Page 3 of 6
retroactive to the date of the entry of this Agreement. 4. Defendant Capitol, its agents, officers, employees, servants, successors, and assigns,
are enjoined, during the term of this Agreement, from discriminating against any employee on the basis of gender, and from engaging in any other act or practice which has the purpose or effect of unlawfully discriminating against any past, present, or future employee on the basis of gender.
5. Within 90 days ofthe date of entry ofthis Agreement, all supervisory and managerial employees employed by Defendant Capitol shall participate in EEO gender-based discrimination training, of not less than two hours. This training shall explain the law relating to gender-based discrimination. Within 30 days prior to the date scheduled for this training, Defendant Capitol shall furnish to the EEOC a written report describing the gender-based discrimination training to be attended by the employees referred to in this paragraph, identifying the instructor(s) and describing hislher/their qualifications to conduct such training, and the EEOC shall have the right to approve the training and/or the instructor(s).
6. Defendant Capitol, its agents, officers, employees, servants, successors, and assigns, shall post a notice regarding its practices, policies, and intent not to discriminate against any employee in violation ofTitle VII. Such notice shall be as set forth in Exhibit A, which is attached to this Agreement. A copy of Exhibit A shall be posted at Defendant Capitol's Austin, Texas facility, on all employee bulletin boards and other areas where employees are likely to congregate. The notices shall be posted within 10 days of the filing date of this Agreement and shall remain posted for the duration of the Agreement.
7. The EEOC shall have the right to ensure compliance with the terms ofthis Agreement and may after written request is served on Defendant Capitol giving 5 days of notice: (a) conduct
3

Case 1:00-cv-00595-SS Document 32 Filed 08/16/2001 Page 4 of 6
inspections ofDefendant Capitol's Austin Texas facility; (b) interview employees; and (c) examine and copy relevant documents. Provided, however, that Capitol shall have the right to have an attorney present during interviews of management level employees. Capitol also reserves the right to withhold any documents requested by the EEOC that would be protected by the attorney client or work product privileges under the Federal Rules of Civil Procedure.
8. The terms ofthis Agreement shall be binding upon the EEOC and Defendant Capitol, its agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein. The terms of this Agreement are a compromise and settlement of any disputed claims, the validity, existence or occurrence of which are expressly denied by Capitol. This Agreement does not constitute, and shall not be construed as, an admission by Capitol of any violation of any federal, state or local statute, law or regulation or of any right of the Intervenors. To the contrary, Capitol denies any liability or any harm whatsoever to the Intervenors.
9. Only with respect to the parties to this Agreement, the parties agree that pursuant to Section 706(k) of Title VIT, 42 U.S.C. § 2000e~5(k), there is no "prevailing party" in this action or proceeding, and as such, each party shall bear their own coasts and attorney's fees incurred in this action.
The Clerk shall furnish a copy hereof to each attorney of record. SO ORDERED.
/b Signed this 1ft day of ~, 2001.
SAM SPARKS UNITED STATES DISTRICT JUDGE
4

Case 1:00-cv-00595-SS Document 32 Filed 08/16/2001 Page 5 of 6
Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 076083

JENKENS & GILCHRIST 2200 One American Center 600 Congress Avenue Austin, Texas 78701 Telephone: (512) 499-3897 Telecopier: (512) 404-3520
ATTORNEYS FOR DEFENDANT

~ pervisory Trial ttorney
I exas State Bar No. 19708300
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7673 Telecopier: (210) 281-7669
ATTORNEYS FORPLAINTITF

5

Case 1:00-cv-00595-SS Document 32 Filed 08/16/2001 Page 6 of 6
NOTICE TO ALL EMPLOYEES
CAPITOL ANESTHESIOLOGY ASSOCIATION SUPPORTS FEDERAL LAW REQUIRING THERE BE NO DISCRIMINATION AGAINST ANY APPLICANT OR EMPLOYEE BECAUSE OF HIS OR HER RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE OR DISABILITY AND REAFFIRMS ITS COMMITMENT NOT TO DISCRIMINATE AGAINST ANY APPLICANT OR EMPLOYEE ON ANY TERM OR CONDITION OF EMPLOYMENT BECAUSE OF HIS OR HER GENDER.
IF YOU BELIEVE YOU ARE BEING DISCRIMINATED AGAINST IN ANY TERM OR CONDITION OF YOUR EMPLOYMENT BECAUSE OF YOUR RACE, RELIGION, COLOR, NATIONAL ORIGIN, SEX, AGE, OR DISABILITY, OR THAT YOU ARE BEING SUBJECTED TO HARASSMENT BECAUSE OF YOUR GENDER OR HAVING ENGAGED IN TITLE VllPROTECTED ACTIVITY, YOU ARE ENCOURAGED TO SEEK ASSISTANCE FROM THE PERSONNEL DEPARTMENT, THE CHIEF EXECUTIVE OFFICER, THE BOARD OF DIRECTORS, OR FROM THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 5410 FREDERICKSBURG ROAD, SUITE 200, SAN ANTONIO, TEXAS 782293550, (210) 281-7600 OR 1-800-669-4000.
NO RETALIATORY ACTION MAY BE TAKEN AGAINST YOU FOR SEEKING ASSISTANCE, FILING A CHARGE, OR COMMUNICATING WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE vn OF THE CIVIL RIGHTS ACT OF 1964, WHICH
PROHIBITS EMPLOYMENT DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; THE AGE DISCRIMINATION IN EMPLOYMENT ACT; THE EQUAL PAY ACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS WITH DISABILITIES; SECTIONS OF THE CIVIL RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WITH DISABILITIES ACT, WHICH PROHIBITS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES IN THE PRIVATE SECTOR AND STATE AND LOCAL GOVERNMENTS.
EXHIBIT" A"

 
 Case 1:00-cv-00595-SS Document 34 Filed 08/27/2001 Page 1 of 1

FILED

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

AUG 2 7 2001

AUSTIN DIVISION

EQUALE~LOYMENTOPPOR~

§

CLERK, WESTE
BY

.S ISTRICT COURT I RICT OF TEXAS
DEPUTY CLERK

COMMISSION

§

Plaintiff,

§

§

vs.

§

§

JO ANN DIAZ, THERESA BITT, DEBORA § Civil Action No. A-OOCA-595-SS

KRUGER, W. DIANA MARTINEZ, C.

§

ANNETIE RINEHART, GINA K. WOLFF §

and SHIRLEY A. WOLFF,

§

Intervenors

§

§

vs.

§

§

CAPITOL ANESTHESIOLOGY

§

ASSOCIATION,

§

Defendant.

§

ORDER

BEFORE THE COURT is a Motion to Dismiss filed by the Intervenors Jo Ann

Diaz, Theresa Hitt, Debora Kruger, W. Diana Martinez, C. Annette Rinehart, Gina K.

Wolff, and Shirley A. Wolff. The Court, having considered the Motion, is of the opinion

that it should be GRANTED.

It is therefore ORDERED, ADJUDGED AND DECREED that the Intervenors'

claims against Capitol Anesthesiology Association., Civil No. A-00-CA-595-SS, are

hereby dismissed with prejudice and all costs of court are hereby taxed against the party

incurring same. All relief not herein granted is denied.

IX
Signedthis.;t1 dayof

~'f~

,200l.

AUSTIN 299402vl 3~40-0000S

UNITED STATES TRICT JUDGE

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?786138445930806-L_3...

U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:00-cv-00595-SS

CLOSED

EEOC v. Capitol Anesthesiolo Assigned to: Honorable Sam Sparks Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Equal Employment Opportunity Commission TERMINATED: 08/16/2001
V. Defendant Capitol Anesthesiology Association TERMINATED: 08/16/2001

Date Filed: 09/13/2000 Date Terminated: 08/27/2001 Jury Demand: Defendant Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7637 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov TERMINATED: 08/16/2001 LEAD ATTORNEY
Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov TERMINATED: 08/16/2001 LEAD ATTORNEY
represented by Candace Newell Lambdin 1221 S. MoPac Suite #330 Austin, TX 78746 (512) 328-1540 Fax: 512/328-1541 TERMINATED: 08/16/2001

1 of 6

6/7/2007 9:52 AM

CM/ECF LIVE - U.S. District Court:txwd - Docket Report
Intervenor Plaintiff Jo Ann Diaz
Intervenor Plaintiff Theresa Hitt Intervenor Plaintiff Debora Kruger Intervenor Plaintiff Diana Martinez Intervenor Plaintiff Annette Rinehart Intervenor Plaintiff Gina Wolff
2 of 6

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?786138445930806-L_3...
LEAD ATTORNEY
Connie Cornell 1221 S. MoPac #330 Austin, TX 78746 (512) 328-1540 Fax: 512/328-1541 Email: ccornell@cornellsmith.com TERMINATED: 08/16/2001 LEAD ATTORNEY
represented by Carter C. White Attorney At Law P O Box 2202 Suite 107 Davis, CA 95617 (512) 443-5525 Fax: 512/443-5524 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter C. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter C. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter C. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter C. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter C. White (See above for address)
6/7/2007 9:52 AM

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?786138445930806-L_3...

Intervenor Plaintiff Shirley Wolff
V. Intervenor Defendant Capitol Anesthesiology Association
Intervenor Defendant Capitol Anesthesiology Association

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Carter C. White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Candace Newell Lambdin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Connie Cornell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Candace Newell Lambdin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Connie Cornell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed
09/13/2000 09/13/2000 09/14/2000 11/13/2000
11/17/2000 12/11/2000

#

Docket Text

Case assigned to Honorable Sam Sparks (td) (Entered: 09/14/2000)
1 Complaint filed. Filing Fee: $ wv (Pages: 5) (td) (Entered: 09/14/2000)
Court file forwarded to Judge Sparks. (td) (Entered: 09/14/2000)
2 Waiver of Service by Capitol Anesthesiology; Notice and Request Mailed on 9/18/00; Answer due on 11/17/00 for Capitol Anesthesiology (td) (Entered: 11/14/2000)
3 Answer by Capitol Anesthesiology (td) (Entered: 11/20/2000)
4 Recommendations for scheduling order by EEOC, Capitol Anesthesiolo (td) (Entered: 12/12/2000)

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12/18/2000
12/21/2000 12/21/2000 12/21/2000 01/29/2001 01/29/2001 03/14/2001 03/20/2001 03/21/2001 03/28/2001 03/28/2001 04/04/2001 04/05/2001
04/05/2001 04/05/2001 04/05/2001 04/06/2001
04/09/2001 04/23/2001
04/25/2001

5 Scheduling order setting Alternate Dispute Resolution Report due by 12/20/00; Joining of parties, amending of pleadings on 3/20/01; Discovery cutoff 5/21/01; Deadline for filing of all motions 6/21/01; Docket Call set for 11:00 7/27/01; and trial in 08/01 (fe) (Entered: 12/18/2000)
6 Alternate Dispute Resolution Report filed by EEOC, Capitol Anesthesiology, Party(s) do not agree to Alternate Dispute Resolution (td) (Entered: 12/26/2000)
7 Witness List by EEOC (td) (Entered: 12/26/2000)
7 Exhibit list by EEOC (td) (Entered: 12/26/2000)
8 Exhibit list by Capitol Anesthesiology Association (rm) (Entered: 01/29/2001)
8 Witness List by Capitol Anesthesiology Association (rm) (Entered: 01/29/2001)
9 Order resetting docket call 11:00 7/20/01 (rm) (Entered: 03/14/2001)
10 Motion by Capitol Anesthesiolo for leave to file First Amended Answer (received First Amended Answer) (rm) (Entered: 03/20/2001)
11 Order setting status conference 2:30 4/5/01 (rm) (Entered: 03/21/2001)
12 Order granting motion for leave to file First Amended Answer [10-1] (rm) (Entered: 03/28/2001)
13 Amended answer by Capitol Anesthesiolo : answer [3-1]; jury demand (rm) (Entered: 03/28/2001)
14 Motion by Capitol Anesthesiolo for Candace Lambdin to appear pro hac vice (rm) (Entered: 04/05/2001)
15 Motion by Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart, Gina Wolff, Shirley Wolff to intervene (received Complaint in Intervention) (rm) Modified on 04/05/2001 (Entered: 04/05/2001)
17 Intervenor's complaint against Capitol Anesthesiolo (Pages: 6) (rm) (Entered: 04/06/2001)
Status conference held in chambers (court reporter: L. Reznik) (rm) Modified on 04/09/2001 (Entered: 04/09/2001)
16 Order granting motion to intervene [15-1] (rm) (Entered: 06/08/2001)
18 Order setting motion filing deadline 9/14/01 , resetting docket call 11:00 10/26/01 ; jury trial set for the month of November 2001; parties shall file a brief one-paragraph statemet of parties' contentions at docket call (rm) (Entered: 04/06/2001)
19 Order granting motion for Candace Lambdin to appear pro hac vice [14-1] (rm) (Entered: 04/09/2001)
20 Joint motion by EEOC, Capitol Anesthesiolo, Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart, Gina Wolff, Shirley Wolff, Capitol Anesthesiolo for extension of discovery deadline (rm) (Entered: 04/23/2001)
21 Order granting joint motion for extension of discovery deadline [20-1] resetting discovery deadline 8/14/01 (rm) (Entered: 04/25/2001)

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04/25/2001
06/07/2001 06/07/2001 07/10/2001
07/18/2001 07/18/2001
07/24/2001 08/06/2001 08/14/2001 08/16/2001 08/16/2001 08/22/2001
08/27/2001
08/27/2001

22 Motion by Capitol Anesthesiolo for leave to file its Original Answer to Intervenors' Complaint in Intervention (received Original answer to Intervenors' Complaint in Intervention as Attachment A) (rm) (Entered: 04/26/2001)
23 Order granting motion for leave to file its Original Answer to Intervenors' Complaint in Intervention [22-1] (rm) (Entered: 06/08/2001)
24 Answer by Capitol Anesthesiolo to intervenor complaint [17-1] (rm) (Entered: 06/08/2001)
25 Motion by Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart, Gina Wolff, Shirley Wolff for leave to file amended complaint (rec'd amd cmp in intervention) (td) (Entered: 07/10/2001)
26 Order granting motion for leave to file amended complaint [25-1] (rm) (Entered: 07/18/2001)
27 Intervenor's first amended complaint filed by Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart, Gina Wolff and Shirley Wolff against Capitol Anesthesiolo (Pages: 7) (rm) Modified on 07/18/2001 (Entered: 07/18/2001)
28 Order resetting docket call 11:00 10/19/01 (rm) (Entered: 07/25/2001)
29 Answer by Capitol Anesthesiolo to intervenor complaint [27-1] (rm) (Entered: 08/06/2001)
30 Joint motion by EEOC, Capitol Anesthesiolo to enter settlement agreement (rm) (Entered: 08/15/2001)
31 Final Judgment Order granting joint motion to enter settlement agreement and entering settlement agreement [30-1] (rm) (Entered: 08/17/2001)
32 Settlement Agreement (rm) (Entered: 08/17/2001)
33 Motion by Jo Ann Diaz, Theresa Hitt, Debora Kruger, Diana Martinez, Annette Rinehart, Gina Wolff, Shirley Wolff to dismiss with prejudice (rm) (Entered: 08/22/2001)
34 Order granting motion to dismiss with prejudice [33-1]; Ordered that the Intervenors' claims against Capitol Anesthesiology Assoication are dismissed with prejudice (rm) (Entered: 08/27/2001)
Case dismissed (tdk) (Entered: 01/24/2002)

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