Case 3:02-cv-01373 Document 1 Filed 06/28/2002 Page 1 of 6

I%JS 44 (Rev 3/99) / >, "-

CIVIL COVER SHEET

The JS-44 civil cover 'sheet andithe infotmation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court This form, approved by the Judicial Conference of the United States in September 1974, is required for the
use ofthe Clerk of Court for the purpose of initiating the civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS u, S Equal Employment OpportUnity CommiSSIon

DEFENDANTS

:§ tJ BLEDSOE DODGE,
AUTONATION DOD

dI'fIa '

"'1, 1
'p

1 .. G 1 Q "'" \

,"'>j;

," ~

,',

~

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

County of ReSIdence of FIrst Listed Defendant
(IN U S. PLAINTIFF CASES ONLY) NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED

(c) Attorney's (Firm Name, Address, and Telephone Number)
Ronetta J, Francis, Senior Trial Attorney EEOC-Dallas District Office 207 South Houston St, 3'" Floor Dallas, TX 75202 (214) 655-3334
II. BASIS OF JURISDICTION (place an "X" m One Box Only)

X I U S Government Plaintiff

03 Federal QuestIon (U S. Government Not a Party)

Attorneys (If Known)

~ ~ ~ ~ ~ ~ ~ ~ JUN 282002

III. CITIZENSHIP OF PRINCIP
(For DIversity Cases Only) PTF DEF
CItIzen of ThIs State 01 01

L P l RTTRSl1'lace an "X" m One Box fo Plamtlff CLERK, U,S, 61I6mlOfogt!'R9~fendaJ1 ) NORTHERN DISTRICT OF TEXAS PTF DEF
Incorporated or Principall'laCe u ' t 04
of Business In This State

02 U S Government Defendant

04 DIversity (Indicate CitIzenship of Parties in Item III)

IV. NATURE OF SUIT CONTRACT

(Place an "X" in One Box Only) TORTS

Citizen of Another State 0 2 02 Incorporated and PrinCIpal Place 0 5 05 of BUSiness In Another State

CItIzen or Subject of a 03 03 Foreign Nation Foreign CountrY

o 6 06

FORFEnnuREWENALTY

BANKRUPTCY

OTHER STATUTES

D 110 Insurance

PERSONAL INJURY

PERSONAL INJURY D

D 120 Manne

D 310 AITplane

D 362 Personal Injury- D

D 130 Miller Act

D 315 AIrplane Product

Med Malpractice D

D 140 Negotiable Instrument

LiabilIty

D 365 Personal InjUry -

D 150 Recovery of Overpayment D 320 Assault, LIbel &

Product LiabIlity

D

& Enforcement of Judgmen

Slander

D 368 Asbestos Personal D

D 151 Medicare Act
n 1~~ Rec"verv of Defaulted

D 330 Federal Employers' Llablhtv

InjUry Product

D

Uab\htv

D

Student Loans

D 340 Manne

PERSONAL PROPERTY

(Excl Veterans)

D 345 Manne Product

D 370 Other Fraud

D

D 153 Recovery of Overpayment

Llablhty

D 371 Tmth m Lendmg

of Veteran's Benefits D 350 Motor VehIcle

D 380 Other Personal

D 160 Stockholders' Smts D 190 Other Contract

D 355 Motor VehIcle Product LiabIlity

Property Damage D 385 Property Damage

D

D 195 Contract Product Llablhty D 360 Other Personal InjUry

Product Llahlllty

D

REAL PROPERTY

CIVIL RIGHTS

D 210 Land CondemnatIon D 220 Foreclosure D 230 Rent Lease & Ejectment D 240 Torts to Land D 245 Tort Product LIabIlity D 290 All Other Real Property

D 441 Votmg X 442 Employment D 443 Housmg!
AccommodatIOns
D 444 Welfare D 440 Other C,Vil RIghts

PRISONER PETITIONS D

D 510 Mobons to Vacate

Sentence

D

Habeas Corpus

D 530 General

D

D 535 Death Penalty

D 540 Mandamus & Other D

D 550 CIvil RIghts

D 555 Pnson Condlhon

610 Ab'TIculture 620 Other Food & Drug 625 Drug Related SeIzure
of Property 21 USC 630 LIquor Laws 640 R R & Tmck 650 Alrhne Regs 61)0 OccupatIOnal
Safety/Health 690 Other

0122 Appeal 28 USC 158
0123 WIthdrawal 28 USC 157
PROPERTY RIGHTS
DUO Copynghts
DUOP,lknt
[B40 Trademark

LABOR

SOCIAL SECURITY

710 FaIT Labor Standards [B61 HlA (1395ft)

Act

[B62 Black Lung (923)

720 LaborfMgmt Relations [B63 DlWCfDlWW (405(g)

[B64 SSID TItle XVI

730 LaborfMgmt Reportmg [B65 RSI (405(g))

& DIsclosure Act 740 Railway Labor Act

FEDERAL TAX SUITS

790 Other Labor Llhgabon

0170 Taxes (U S Plamtlff or Defendant)

791 Empl Ret Inc Secunty Act

0171 IRS-Thlfd Party 26 USC 7609

D 400 State ReapportIOnment
D 410 AntItrust D 430 Banks and Banking D 450 CommercelICC Rates/etc D 460 DeportatIOn D 470 Racketeer Influenced and
Corrupt OrganIzations D 810 Selective Service D 850 SecuntleSlCommod,lle>l
Exchange D 875 Customer Challenge
12 USC 3410 D 891 Agncultural Acts D 892 EconomIc StablhzatlOn Act D 893 Envlfonmental Matters D 894 Energy AllocatIOn Act D 895 Freedom of
InformatIOn Act D 900 Appeal of Fee
DetermmatlOn Under Equal
Access to JustIce D 950 ConshtutlOnahty of
State Statutes D 890 Other Statutory Achons

V. ORIGIN
X I Onglnal Proceeding

(PLACE AN "X" IN ONE BOX ONLY)

o 2 Removed from
State Court

o 3 Remanded from
Appellate Court

Transferred from

o

4 Reinstated or 0

5

another dIstrict (speclty)

Reopened

o 6 Multidistnct
LlttgatlOn

Appeal to DIstrict Judge from
o 7 MagIstrate Judgment

CAUSE OF ACTION (CIte the U S C,Vil Statute under whIch you are filmg and wnte bnefstatement of cause

VI.

Do not cIte junsd,cbonal statutes unless d,vers,ty )

ThIS is an action under TItle VII of the Civil Rights Act of 1964 to correct unlawful employment practtces and to make whole Charging PartIes Anthony Barnett and Barron

Jackson. The Commission alleges that the Defendant, Bledsoe Dodge, LLC, a/k/a AutoNation, Inc., subjected Mr. Barnett and Mr. Jackson to a hostile work

environment and failed to promote Mr Barnett and Mr IacksQD becal]se oftbeir race African-American

VII. REQUESTED IN

D CHECK IF THIS IS A CLASS ACTION DEMAND $

CHECK YES only if demanded IV complaint

COMPLAINT:

UNDER F RC p, 23

JURY DEMAND:

X Yes D No

VIII. RELATED CASE(S)
IF ANY

(See instructions)

JUDGE

DOCKET NUMBER

FOR OFF CE USE ONLY RECEIPT # _ _ _ __

AMOUN _ _ _ _ _ __

APPLYING IFP _ _ _ _ _ __

JUDGE _ _ _ _ _ __ MAG JUDGE ____________

Case 3:02-cv-01373 Document 1 Filed 06/28/2002 Page 2 of 6

IN THE UNITED STATES DISTRICT C RT FOR THE NORTHERN DISTRICT OF T XAS
DALLAS DIVISION

JUN 283m

CLERK, U.s.DISTRIcrCOURT
By ____~--_____ _

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Deputy
CIVIL ACTION NO.

Plaintiff,
v.
BLEDSOE DODGE, LLC.,a/k/a AUTONATION DODGE,
Defendant.

} }

~ '.- () 2 C \I 1 3 7 :3 = G

}

}

COMPLAINT

}

}

}

(JURY DEMANDED)

}

}

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

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices and to make whole Charging Parties Anthony Barnett and Barron Jackson,

The Commission alleges that the Defendant, Bledsoe Dodge, LLC, a/k/a Automation Dodge

(hereafter "AutoNation"), subjected Mr. Barnett and Mr. Jackson to a hostile work environment and

failed to promote Mr. Barnett and Mr. Jackson because of their race, African-American. JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28 U.S.C. Sections 451, 1331, 1337,

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

Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.c. Sections 2000e-

5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981a.

2. The employment practices alleged to be unlawful were committed within the

COMPLAINT

1

Case 3:02-cv-01373 Document 1 Filed 06/28/2002 Page 3 of 6

jurisdiction of the United States District Court for the Northern District of Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an

agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title

VII, 42 U.S.C. Section 2000e-5(a).

4. At all relevant times, Defendant, AutoNation, has continuously been and is now doing

business in the State of Texas, and has continuously had at least fifteen employees.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42

U.S.C. Sections 2000e-(b), (g) and (h).

STATEMENT OF CLAIMS

6. More than thirty days prior to the institution of this lawsuit, Mr. Barnett and Mr.

Jackson filed a charge with the Commission alleging violations of Title VII by the Defendant. All

conditions precedent to the institution of this lawsuit have been fulfilled.

7. During the employment ofMr. Barnett and Mr. Jackson, Defendant subjected both

of them to a barrage of unwelcome racial remarks and graffiti. Defendant failed to discipline

employees who engaged in such behavior. Further, in or about July 1999, Defendant denied Mr.

Barnett and Mr. Jackson a promotion to the position of Assistant Parts Manager because of their

race, African-American, all in violation ofSection 703(a)(1) ofTitle VII, 42 U.S.c. Section2000e-2.

8. The effect ofthe practices complained of above has been to deprive Mr. Barnett and

Mr. Jackson of equal employment opportunities and otherwise adversely affect their status as

COMPLAINT

2

Case 3:02-cv-01373 Document 1 Filed 06/28/2002 Page 4 of 6

employees.

9. The unlawful employment practices complained of in paragraph 7, above, were

intentional.

10. The unlawful employment practices complained ofin paragraph 7, above, were done

with malice or reckless indifference to the federally protected rights ofMr. Barnett and Mr. Jackson.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendant, AutoNation, its officers,

successors, assigns, and all persons in active concert or participation with it, and from engaging in

any employment practice which discriminates in violation of Title VII.

B. Order the Defendant to institute and carry out policies, practices, and programs which

provide equal employment opportunities for Mr. Barnett and Mr. Jackson and which eradicate the

effects of its past and present unlawful employment practices.

C. Order the Defendant to make whole Mr. Barnett and Mr. Jackson by providing

appropriate back pay with prejudgment interest in amounts to be proved at trial, and other

affirmative reliefnecessary to eradicate the effects of unlawful employment practices, including but

not limited to rightful place reinstatement ofMr. Barnett and Mr. Jackson.

D. Order the Defendant to make whole Mr. Barnett and Mr. Jackson by providing

compensation for past and future non-pecuniary losses resulting from the unlawful practices

complained of in paragraph 7 above, including but not limited to, emotional pain, suffering,

inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

E. Order the Defendant to make whole Mr. Barnett and Mr. Jackson, by providing

COMPLAINT

3

Case 3:02-cv-01373 Document 1 Filed 06/28/2002 Page 5 of 6
compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial.
F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

COMPLAINT

4

Case 3:02-cv-01373 Document 1 Filed 06/28/2002 Page 6 of 6
Respectfully submitted, NICHOLAS INZEO Acting General Counsel
TOBY . COSTAS Acting Regional Attorney Texas State Bar No. 04855720
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
RO TTA J. FRANCIS Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3334 (214) 655-3331 (FAX)

COMPLAINT

5

 
 If'

• Case 3:02-cv-01373

Document 12

Filed 01/06/2003 Page 1 of 5
" ,u,~. DfSTwrT COURT
NOR I HERN DlST"!CT OF TEXAS
F i l l1 AJ...J i1t.l..:~A~.-~)

IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF

1
JAN - 6 LUUJ

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

BLEDSOE DODGE, LLC., and

}

AUTONATION, INC.,

}

}

}

Defendants.

}

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

B y - -_ _~+__ _~~L-)
CIVIL ACTION NO.
3: 0 J....- L V F l 3"{s - (.!>
AMENDED COMPLAINT
(JURY DEMANDED)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Parties Anthony Barnett and Barron Jackson. The Commission alleges that the Defendants, Bledsoe Dodge, LLC, and AutoNation, Inc., subjected Mr. Barnett and Mr. Jackson to a hostile work environment and failed to promote Mr. Barnett and Mr. Jackson because of their race, African-American.
JURISDICTION AND VENUE 1. JurisdictionofthisCourtisinvokedpursuantt028U.S.C. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C. Sections 2000e5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981a. 2. The employment practices alleged to be unlawful were committed within the

AMENDED COMPLAINT

1

19)

• Case 3:02-cv-01373

Document 12

• Filed 01/06/2003

Page 2 of 5

jurisdiction of the United States District Court for the Northern District of Texas.

PARTIES

3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an

agency of the United States of America charged with the administration, interpretation and

enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title

VII, 42 U.S.C. Section 2000e-5(a).

4. At all relevant times, Defendant Bledsoe Dodge, LLC, has continuously been and is

now doing business in the State of Texas, and has continuously had at least fifteen employees.

5. Defendant AutoNation, Inc. is the corporate parent ofDefendant Bledsoe Dodge LLC.

AutoNation, Inc. is jointly and severally liable along with Defendant Bledsoe Dodge, LLC, under

the theories of "joint employer," "integrated enterprise" and/or "alter ego."

6. At all relevant times, Defendants have continuously been employers engaged in an

industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42

U.S.C. Sections 2000e-(b), (g) and (h).

STATEMENT OF CLAIMS

7. More than thirty days prior to the institution of this lawsuit, Mr. Barnett and Mr.

Jackson filed a charge with the Commission alleging violations of Title VII by the Defendants. All

conditions precedent to the institution of this lawsuit have been fulfilled.

8. During the employment of Mr. Barnett and Mr. Jackson, Defendants subjected both

of them to a barrage of unwelcome racial remarks and graffiti. Defendants failed to discipline

employees who engaged in such behavior. Further, in or about July 1999, Defendants denied Mr.

Barnett and Mr. Jackson a promotion to the position of Assistant Parts Manager because of their

AMENDED COMPLAINT

2

• Case 3:02-cv-01373

Document 12

• Filed 01/06/2003

Page 3 of 5

race,African-American, all in violation ofSection 703(a)(1) ofTitle VII, 42 U.S.C. Section2000e-2.

9. The effect ofthe practices complained of above has been to deprive Mr. Barnett and

Mr. Jackson of equal employment opportunities and otherwise adversely affect their status as

employees.

10. The unlawful employment practices complained of in paragraph 8, above, were

intentional.

11. The unlawful employment practices complained ofin paragraph 8, above, were done

with malice or reckless indifference to the federally protected rights ofMr. Barnett and Mr. Jackson.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining the Defendants, Bledsoe Dodge, LLC, and

AutoNation, Inc., its officers, successors, assigns, and all persons in active concert or participation

with it, and from engaging in any employment practice which discriminates in violation ofTitle VII.

B. Order the Defendants to institute and carry out policies, practices, and programs

which provide equal employment opportunities for Mr. Barnett and Mr. Jackson and which eradicate

the effects of its past and present unlawful employment practices.

C. Order the Defendants to make whole Mr. Barnett and Mr. Jackson by providing

appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative

reliefnecessary to eradicate the effects ofunlawful employment practices, including but not limited

to rightful place reinstatement of Mr. Barnett and Mr. Jackson.

D. Order the Defendants to make whole Mr. Barnett and Mr. Jackson by providing

compensation for past and future non-pecuniary losses resulting from the unlawful practices

AMENDED COMPLAINT

3

• Case 3:02-cv-01373

Document 12

• Filed 01/06/2003

Page 4 of 5

complained of in paragraph 8, above, including but not limited to, emotional pain, suffering,

inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.

E. Order the Defendants to make whole Mr. Barnett and Mr. Jackson, by providing

compensation for past and future pecuniary losses resulting from the unlawful practices complained

of in paragraph 8, above, in amounts to be determined at trial.

F. Order the Defendants to pay punitive damages for its malicious or reckless conduct

described in paragraph 8, above, in amounts to be determined at trial.

G. Grant such further relief as the Court deems necessary and proper.

H. Award the Commission its costs in this action.

JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by the complaint.

AMENDED COMPLAINT

4

• Case 3:02-cv-01373

Document 12

• Filed 01/06/2003

Page 5 of 5

Respectfully submitted,

NICHOLAS INZEO Acting General Counsel

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
~~A.~~
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
2~~M RONETTA J. FRANCIS Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3334 (214) 655-3331 (FAX)

AMENDED COMPLAINT

5

 
 Case 3:02-cv-01373

Document 13

Filed 01/07/2003 PU.aS.gDeI1SToRf I5CT COURT
ORTHERN DISl RICT OF TEXAS
. v1i~•

IN THE UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT OF ..I.aa:...cLC1U

JAN - 7 2003

DALLAS DIVISION

CLERK, U.S. DIS

IJRY

__ By ____~__--~+-

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

BLEDSOE DODGE, LLC., and

}

AUTONATION, INC.,

}

}

}

Defendants.

}

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

CIVIL ACTION NO. 3:02-CV-1373-G AMENDED COMPLAINT
(JURY DEMANDED)

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Parties Anthony Barnett and Barron Jackson. The Commission alleges that the Defendants, Bledsoe Dodge, LLC;and AutoNation, Inc., subjected Mr. Barnett and Mr. Jackson to a hostile work environment and failed to promote Mr. Barnett and Mr. Jackson because of their race, African-American.
JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.c. Sections 2000e5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981a. 2. The employment practices alleged to be unlawful were committed within the

AMENDED COMPLAINT

1

Case 3:02-cv-01373 Document 13 Filed 01/07/2003 Page 2 of 5

jurisdiction of the United States District Court for the Northern District of Texas. PARTIES
3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a).
4. At all relevant times, Defendant Bledsoe Dodge, LLC, has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees.
5. Defendant AutoNation, Inc. is the corporate parent ofDefendant Bledsoe Dodge LLC. AutoNation, Inc. is jointly and severally liable along with Defendant Bledsoe Dodge, LLC, under the theories of "joint employer," "integrated enterprise" and/or "alter ego."
6. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Mr. Barnett and Mr. Jackson filed a charge with the Commission alleging violations of Title VII by the Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 8. During the employment ofMr. Barnett and Mr. Jackson, Defendants subjected both of them to a barrage of unwelcome racial remarks and graffiti. Defendants failed to discipline employees who engaged in such behavior. Further, in or about July 1999, Defendants denied Mr. Barnett and Mr. Jackson a promotion to the position of Assistant Parts Manager because of their

AMENDED COMPLAINT

2

\.
Case 3:02-cv-01373 Document 13 Filed 01/07/2003 Page 3 of 5

race, African-American, all in violation ofSection 703(a)(I) ofTitle VII, 42 U .S.C. Section 2000e-2. 9. The effect of the practices complained of above has been to deprive Mr. Barnett and
Mr. Jackson of equal employment opportunities and otherwise adversely affect their status as employees.
10. The unlawful employment practices complained of in paragraph 8, above, were intentional.
11. The unlawful employment practices complained ofin paragraph 8, above, were done with malice or reckless indifference to the federally protected rights ofMr. Barnett and Mr. Jackson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, Bledsoe Dodge, LLC, and AutoNation, Inc., its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation ofTitle VII. B. Order the Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for Mr. Barnett and Mr. Jackson and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendants to make whole Mr. Barnett and Mr. Jackson by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, and other affirmative reliefnecessary to eradicate the effects ofunlawful employment practices, including but not limited to rightful place reinstatement of Mr. Barnett and Mr. Jackson. D. Order the Defendants to make whole Mr. Barnett and Mr. Jackson by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices

AMENDED COMPLAINT

3

Case 3:02-cv-01373 Document 13 Filed 01/07/2003 Page 4 of 5
complained of in paragraph 8, above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendants to make whole Mr. Barnett and Mr. Jackson, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, in amounts to be determined at trial.
F. Order the Defendants to pay punitive damages for its malicious or reckless conduct described in paragraph 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

AMENDED COMPLAINT

4

·

\,

Case 3:02-cv-01373 Document 13 Filed 01/07/2003 Page 5 of 5

Respectfully submitted,

NICHOLAS INZEO

c:; Ac~tDieunty General Counsel

~

_~~ 7f:l\ ~----~-'.1---____"_"1

ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782

SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470

Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3334 (214) 655-3331 (FAX)

AMENDED COMPLAINT

5

 
 • Case 3:02-cv-01373

Document 40

• Filed 07/16/2003 Page 1 of 5

IN THE UNITED STATES DISTRICT COU T FOR THE NORTHERN DISTRICT OF TE S
DALLAS DIVISION

Jll6aw

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

BLEDSOE DODGE, LLC., and

}

AUTONATION, INC.,

}

}

}

Defendants.

}

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

CLERK, U.S. DISTRICT COURT
8y _ _ _ _ _ _ __ Deputy
CIVIL ACTION NO. 3:02-CV-1373-G
(JURY DEMANDED)

SECOND AMENDED COMPLAINT NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Parties Anthony Barnett and Barron Jackson. The Commission alleges that the Defendants, Bledsoe Dodge, LLC, and AutoNation, Inc., subjected Mr. Barnett and Mr. Jackson to a hostile work environment and failed to promote Mr. Barnett and Mr. Jackson because of their race, African-American. The Commission alleges that Defendants further violated Title VII by unlawfully terminating the employment ofMr. Barnett and Mr. Jackson because of their race, African-American, and by retaliating against Mr. Barnett and Mr. Jackson because of their opposition to employment practices believed to be unlawful and participation in proceedings under Title VII.

SECOND AMENDED COMPLAINT

1

• Case 3:02-cv-01373

Document 40

• Filed 07/16/2003 Page 2 of 5

JURISDICTION AND VENUE 1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. Sections 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Sections 706(f)(1) and(3) of Title VII of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.c. Sections 2000e5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Northern District of Texas.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendant Bledsoe Dodge, LLC, has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees. 5. Defendant AutoNation, Inc. is the corporate parent ofDefendant Bledsoe Dodge LLC. AutoNation, Inc. is jointly and severally liable along with Defendant Bledsoe Dodge, LLC, under the theories of ''joint employer," "integrated enterprise" and/or "alter ego." 6. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce within the meaning of Sections 701 (b), (g) and (h) of Title VII, 42 U.S.C. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Mr. Barnett and Mr.

SECOND AMENDED COMPLAINT

2

Case 3:02-cv-01373 Document 40 Filed 07/16/2003 Page 3 of 5

Jackson filed a charge with the Commission alleging violations of Title VII by the Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled.
8. During the employment of Mr. Barnett and Mr. Jackson, Defendants subjected both of them to a barrage of unwelcome racial remarks and graffiti. Defendants failed to discipline employees who engaged in such behavior. Further, in or about July 1999, Defendants denied Mr. Barnett and Mr. Jackson a promotion to the position of Assistant Parts Manager, and on June 23, 2003, Defendants terminated the employment ofMr. Barnett and Mr. Jackson because oftheir race, African-American, all in violation of Section 703(a)(l) of Title VII, 42 U.S.C. Section 2000e-2. Moreover, in or about June 2003, Defendants retaliated against Mr. Barnett and Mr. Jackson for having opposed a discriminatory act, made a charge, testified, assisted and participated in an investigation and civil proceeding, in violation of Section 704(a) of Title VII.
9. The effect ofthe practices complained ofabove has been to deprive Mr. Barnett and Mr. Jackson of equal employment opportunities and otherwise adversely affect their status as employees.
10. The unlawful employment practices complained of in paragraph 8, above, were intentional.
11. The unlawful employment practices complained ofin paragraph 8, above, were done with malice or reckless indifference to the federally protected rights ofMr. Barnett and Mr. Jackson.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendants, Bledsoe Dodge, LLC, and AutoNation, Inc., its officers, successors, assigns, and all persons in active concert or participation

SECOND AMENDED COMPLAINT

3

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• Case 3:02-cv-01373

Document 40

• Filed 07/16/2003 Page 4 of 5

with it, and from engaging in any employment practice which discriminates in violation ofTitle VII. B. Order the Defendants to institute and carry out policies, practices, and programs
which provide equal employment opportunities for Mr. Barnett and Mr. Jackson and which eradicate the effects of its past and present unlawful employment practices.
C. Order the Defendants to make whole Mr. Barnett and Mr. Jackson by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, front pay, and other affirmative reliefnecessary to eradicate the effects ofunlawful employment practices, including but not limited to rightful place reinstatement of Mr. Barnett and Mr. Jackson.
D. Order the Defendants to make whole Mr. Barnett and Mr. Jackson by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
E. Order the Defendants to make whole Mr. Barnett and Mr. Jackson, by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 8, above, in amounts to be determined at trial.
F. Order the Defendants to pay punitive damages for its malicious or reckless conduct described in paragraph 8, above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.

SECOND AMENDED COMPLAINT

4

• Case 3:02-cv-01373

Document 40

• Filed 07/16/2003

Page 5 of 5

Respectfully submitted,
NICHOLAS INZEO Acting DePRty General Counsel
~.\ ~tt6
ROBERT fCANINO Regional Attorney Oklahoma State Bar No. 011782
~ SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No. 14009470
~~ Senior Trial Attorney Virginia Bar No. 39886
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3334 (214) 655-3331 (FAX)

SECOND AMENDED COMPLAINT

5

 
 Case 3:02-cv-01373

Document 99

Filed 04/01/2004 Page 1 of 10
u.s. DISTRICT COURT
NORTHERN DISTRfCT OF TEXAS
FII-JED

IN THE UNITED STATES DISTRICT CO T FOR THE NORTHERN DISTRICT OF TE S
DALLAS DIVISION

APR - I 2004

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

BLEDSOE DODGE, LLC.,

}

}

}

Defendant.

}

CLERK, U.S. DISTRICT COURT By _ _ _ _ _ __
Deputy
CIVIL ACTION NO.
3:02-CV-1373-G

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

CONSENT DECREE THIS CONSENT DECREE is made and entered into by and between the Plaintiff, Equal Employment Opportunity Commission ("EEOC"), and the Defendant, Bledsoe Dodge, LLC, in the United States District Court for the Northern District of Texas, Dallas Division, with regard to the EEOC's Complaint, filed on June 28, 2002 ("the Complaint"), in Civil Action No.3 :02-CV-1373-G. This Complaint was based upon Charges of Discrimination filed by the Charging Parties Anthony Barnett and Barron Jackson against Defendant employer. The above-referenced Complaint alleges that the Defendant Bledsoe Dodge, LLC, violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, when it subjected Mr. Barnett and Mr. Jackson to a hostile work environment, failed to promote Mr. Barnett and Mr. Jackson because of their race, African-American. The Complaint also alleges that Defendant further violated Title VII by unlawfully

CONSENT DECREE

1

- - - - - - - - - - - ~~--~---

-~

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Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 2 of 10

terminating the employment of Mr. Barnett and Mr. Jackson because of their race, AfricanAmerican, and by retaliating against Mr. Barnett and Mr. Jackson because'oftheir opposition to employment practices believed to be unlawful and participation in proceedings under Title VII.
The EEOC and the Defendant agree to compromise and settle the differences embodied in the Complaint, and intend that the terms and conditions of the compromise and settlement be set forth in this Consent Decree ("Consent Decree"). It is understood and agreed that this Consent Decree is in compromise of disputed claims, and that this Consent Decree shall not in any way be construed as an admission by Bledsoe Dodge, LLC, Bankston Dodge of Grand Prairie or Bankston Dodge of Dallas of a violation of any federal, state, or local statute, law or regulation, or a violation of any right of the aggrieved individuals or any other person.
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the sufficiency ofwhich is hereby acknowledged, the parties agree as follows, the Court finds appropriate and therefore, it is ORDERED, ADJUDGED AND DECREED that:
1. This Consent Decree resolves all issues raised in EEOC Charge Nos. 310-99-1989, 310-99-1999,310-2003-06404 and 310-2003-06405. This Decree further resolves all issues in the Complaint filed by the EEOC in this civil action. The EEOC waives further claims and/or litigation on all issues raised in the above-referenced Charges and Complaint. The EEOC does not waive processing or litigating charges other than the above-referenced Charges.
2. Defendant Bledsoe Dodge, LLC agrees that it shall conduct all employment practices III a manner which does not subject any employee to race discrimination, including racial harassment, disparate terms and conditions of employment and/or retaliation under Title VII ofthe Civil Rights Act and Title I of the Civil Rights Act of 1991.

CONSENT DECREE

2

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 3 of 10

3. Defendant Bledsoe Dodge, LLC and its officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, or any of them, agrees to refrain from: (i) discriminating against employees on the basis of race; (ii) engaging in or being a party to any action, policy or practice that is intended to or is known to them to have the effect of harassing or intimidating any employee on the basis of hislher race; andlor (iii) creating, facilitating or permitting the existence of a work environment that is racially hostile to its employees.
4. Defendant Bledsoe Dodge, LLC agrees that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under Title VII or because of the filing of a charge; giving testimony or assistance or participating in any manner in any investigation, proceeding or hearing under Title VII.
5. Defendant Bledsoe Dodge, LLC and its officers, agents, management (including supervisory employees), successors and assigns, and all those in active concert or participation with them, or any of them, agrees to refrain from engaging in, implementing or permitting any action, policy or practice with the purpose ofretaliating against any current or former employee because he or she opposed any practice of race discrimination, racial harassment or racially hostile work environment, made unlawful under Title VII; filed a Charge of Discrimination alleging any such practice; testified or participated in any manner in any investigation, proceeding, or hearing in connection with this case andlor relating to any claim of race discrimination, racial harassment or racially hostile work environment, was identified as a possible witness in this action; asserted any rights under this Consent Decree; or sought andlor received any monetary andlor non-monetary relief in accordance with this Consent Decree.

CONSENT DECREE

3

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 4 of 10

6. Defendant Bledsoe Dodge, L.L.c. agrees that the Notice appended hereto as "Attachment A" is currently posted on the employee bulletin board(s) in a prominent and conspicuous location at both the Bankston Dodge of Grand Prairie and the Bankston Dodge Dallas dealerships. The Notice will remain posted in prominent and conspicuous locations in these facilities during the two-year pendency of this Consent Decree.
7. The ACT-Alertline Notice is also currently posted in a prominent, conspicuous location at both the Bankston Dodge of Grand Prairie and the Bankston Dodge Dallas dealerships. This Notice informs employees of various contacts to whom violations of Defendant's nondiscrimination policies may be reported, including a twenty-four hour confidential hotline. The Notice will remain posted in a prominent and conspicuous location in these facilities during the twoyear pendency of this Consent Decree. A copy of this Notice will be supplied to the EEOC within fourteen (14) days after the entry ofthis Consent Decree.
8. Defendant Bledsoe Dodge, L.L.C. agrees to conduct training annually for all of its employees, owners and managers at the Bankston Dodge of Grand Prairie and the Bankston Dodge Dallas dealerships, advising them of the requirements and prohibitions of Title VII of the Civil Rights Act of 1964. The training will inform the employees of the complaint procedure for individuals who believe they have experienced discrimination. The training will also advise the employees of the consequences of violating Title VII. The training shall be at least one hour in duration. Defendant agrees to give written notice to the EEOC within fourteen (14) days after each training session, providing the following information: (a) the date and location of the training; (b) the list of employees attending; (c) the name of the person providing the training; and (d) the substance of the training. New managers' orientation also includes education regarding equal

CONSENT DECREE

4

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 5 of 10

employment and non-discrimination policies and managers' duties with respect to enforcing such policies in the workplace. In addition, new hires are given a new hire orientation which is approximately 3~ hours long and includes a discussion on non-discrimination policies and is accompanied by a video which gives examples of inappropriate discriminatory behavior and promotes respect for cultural diversity.
9. Defendant Bledsoe Dodge, LLC agrees that it shall impose substantial discipline--up to and including termination, suspension without payor demotion--upon any supervisor or manager who engages in racial discrimination or race-based harassment or permits any such conduct to occur in his or her work area or among employees under his or her supervision, or who retaliates against any person who complains or participates in any investigation or proceeding concerning any such conduct. Defendant shall communicate this policy to all of its supervisors and managers.
10. Defendant Bledsoe Dodge, LLC agrees that it shall continue to advise all managers and supervisors of their duty to actively monitor their work areas to ensure employees' compliance with the company's policy against racial harassment, and to report any incidents andlor complaints ofracial discrimination, race-based harassment andlor retaliation ofwhich they become aware to the persons charged with handling such complaints.
11. Defendant Bledsoe Dodge, L.L.C. agrees that it will provide a memo to all managers in the Bankston Dodge ofGrand Prairie and the Bankston Dodge Dallas dealerships to reiterate their duty to monitor their employees to insure compliance with anti-discrimination policies. A copy of this memo will be distributed to management and provided to the EEOC within fourteen (14) days after entry of this Consent Decree.
12. Defendant Bledsoe Dodge, LLC agrees that it shall include "commitment to equal

CONSENT DECREE

5

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 6 of 10

employment opportunity" as a criterion for qualification for supervisory positions. 13. Within fourteen (14) days after entry of this Consent Decree, Defendant Bledsoe
Dodge, LLC agrees to remove from the Charging Parties' personnel files all documents, entries and references relating to the following: the facts and circumstances which led to the filing of their charges of discrimination; the charges themselves; and the complaint filed by the EEOC in federal court based upon their Charges ofDiscrimination. Defendant shall send a report to the EEOC within fourteen (14) days after expungement, describing the specific items expunged from the Charging Parties' personnel file.
14. Defendant Bledsoe Dodge, LLC agrees to pay the gross sum of $ 40,000.00 to resolve all claims for all damages. From this gross payment, Anthony Barnett will receive $20,000.00 and Barron Jackson will receive $20,000.00. Within twenty-one (21) days ofthe entry of this Consent Decree, Defendant will issue a check, made payable to each aggrieved individual, in the above-referenced amounts. Anthony Barnett and Barron Jackson agree to pay all taxes, ifany, which are required by law to be paid with respect to any amounts received by them under this Consent Decree. In connection with the payment of these amounts, Defendant Bledsoe Dodge, L.L.C. will issue a Form 1099. Anthony Barnett and Barron Jackson further agree not to make any claim against Bledsoe Dodge, L.L.C. in connection with any tax obligation which may be owed as a result ofthis payment. Antl;1ony Barnett and Barron Jackson also agree to indemnify, defend, and hold harmless Bledsoe Dodge, L.L.C. from any claims, demands, deficiencies, levies, assessments, executions, judgments or recoveries by any governmental entity against Bledsoe Dodge, L.L.c. for any unpaid taxes or withholding, and any costs, expenses or damages sustained by Bledsoe Dodge, L.L.c. by reason of any such claims, including attorneys' fees.

CONSENT DECREE

6

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 7 of 10

15. The payments, referenced in Paragraph 14 above, shall be made by two checks payable to Barron Jackson and Anthony Barnett, which checks shall be delivered to EEOC attorney Ronetta J. Francis, 207 S. Houston Street, Third Floor, Dallas, Texas 75202 in accordance with the timeframes referenced in Paragraph 14 above.
16. Bledsoe Dodge, L.L. C. will provide a neutral employment reference letter for Barron Jackson and one for Anthony Barnett, providing in each letter the dates of employment, the last position held and the last salary earned. These letters shall be provided to the EEOC within fourteen (14) days after the entry of this Consent Decree.
17. All reports to the EEOC required by this Decree shall be sent to Ronetta J. Francis, Senior Trial Attorney, EEOC, 207 S. Houston, Third Floor, Dallas, Texas 75202.
18. If Defendant Bledsoe Dodge, LLC fails to tender payment or otherwise fails to timely comply with the terms of paragraphs 14-15, above, Defendant shall:
a. Pay interest at the rate calculated pursuant to 26 U.S.C. Section 6621(b) on any untimely or unpaid amounts from date of non-compliance; and
b. Bear any additional costs incurred by the EEOC caused by the noncompliance or delay of the Defendant.
19. Neither the EEOC, nor the Defendant shall contest the validity ofthis Consent Decree nor the jurisdiction ofthe federal district court to enforce this Consent Decree and its terms or the right of either party to the Consent Decree to bring an enforcement action upon breach of any term ofthis Consent Decree by either such party. Nothing in this Decree shall be construed to preclude the EEOC from enforcing this Decree in the event that Defendant Bledsoe Dodge, LLC fails to perform the promises and representations contained herein. The EEOC shall determine whether Defendant has complied with the terms of this Consent Decree and shall be authorized to seek

CONSENT DECREE

7

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 8 of 10
compliance with the Consent Decree through civil action in the United States District Court. 20. The term of this Decree shall be for two (2) years. 21. The parties to this Consent Decree agree to bear their own attorney's fees associated
with the above-referenced Complaint.
SO ORDERED, ADJUDGED AND DECREED this _ _1L--_ day of -~~TF"'c:L-_-:' 2004.
U.S. DIST CT OURT JUDGE

CONSENT DECREE

8

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 9 of 10

AGREED AS TO FORM AND SUBSTANCE:
Signed this O·~::vr;.:'-1~ day of ,rvA\..{1Ju~.-;l'\ ,2004.

~---ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782

SUZANNE M. ANDERSON

Supervisory Trial Attorney

Texas Bar No. 14009470

~ /
/

.

{I~~h/4?]

RO TAJ. FRANCIS

Senior Trial Attorney

Virginia Bar No. 39886

WILLIAM C. BACKHAUS Senior Trial Attorney Texas Bar No. 01493850

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston Street Third Floor Dallas, Texas 75202 Tel No. (214) 253-2746; Fax No. (214) 253-2749

CONSENT DECREE

9

Case 3:02-cv-01373 Document 99 Filed 04/01/2004 Page 10 of 10
FOR THE DEFENDANTS:
Cir~U R H NN DANIELS Texas Bar No. 15109200
Connie K. Wilhite Texas Bar No. 00792916
GIBSON, MCCLURE & WALLACE, L.L.P. 8080 N. Central Expressway, Suite 1300, LB 50 Dallas, Texas 75206-1938 (214) 891-8040 (214) 891-8010(FAX)

CONSENT DECREE

10

 
 •
IN THE UNITED STATES DISTRICT

NORTIIERNDr5'T'~'T':_::~ ~.;-; TE- .. \S
ri'~, ;--' •.~
OURTr-'

FOR THE NOD~~~~is~~~T OF I EXAS: JAN 2 9 20G4

L, . ____,.. __ ._.__.__..._---1'
u.s. CLr.:;~;(, mST1UCT comn By _ _ _ _ _ __
Deputy

EQUAL EMPLOYMENT

)

OPPORTUNITY COMMISSION,

)

)

Plaintiff,

)

)

VS.

)

)

BLEDSOE DODGE, L.L.c.,

)

)

Defendant.

)

CIVIL ACTION NO. 3:02-CV-1373-G

ORDER
On January 27,2004, the jury in this case reported to the court its inability to reach a unanimous verdict. Accordingly, the jury was discharged, and the court declared a mistrial. A new trial date will be set by separate order.
SO ORDERED.
January ji, 2004.
A. JO FISH CHIEF JUDGE

 
 E.E.O.C. v. Bledsoe Dodge, LLC, Not Reported in F.Supp.2d (2003)

2003 WL 23194357 Only the Westlaw citation is currently available.
United States District Court, N.D. Texas, Dallas Division.
EQUAL OPPORTUNITY COMMISSION, Plaintiff, v.
BLEDSOE DODGE, LLC, and Autonation, Inc., Defendants.
No. Civ.A. 3:02–CV–1373–. | Dec. 29, 2003.
Attorneys and Law Firms
Toby W. Costas, Ronetta J. Francis, William C. Backhaus, Equal Employment Opportunity Commission, Dallas District Office, Dallas, TX, for Plaintiff.
Connie K. Wilhite, Gibson McClure Wallace & Daniels, Dallas, TX, for Defendants.
Opinion

MEMORANDUM ORDER

FISH, Chief J.
*1 Before the court is the second motion of the defendants Bledsoe Dodge, LLC (“Bledsoe Dodge”) and AutoNation, Inc. (“AutoNation”) for summary judgment on the claims brought against them by the plaintiff Equal Employment Opportunity Commission (“EEOC”).*

*

On March 28, 2003, the defendants filed a motion for

summary judgment. While that motion was pending,

the EEOC filed its second amended complaint on July

16, 2003. On September 19, 2003, the defendants filed

their second motion for summary judgment on the

claims in the second amended complaint. Thus, the

defendants’ first motion for summary judgment, filed

on March 28, 2003, is DENIED as moot.

I. BACKGROUND
AutoNation is the corporate parent of Bledsoe Dodge. Second Amended Complaint (“Complaint”) ¶ 5. Anthony Barnett and Barron Jackson, both African–Americans, were employed by the defendants. Complaint at 1, ¶ 8. The EEOC alleges that the defendants engaged in unlawful employment practices in violation of Title VII of

the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”). Complaint at 1, ¶¶ 1–2. Specifically, the EEOC has brought claims for failure to promote, hostile work environment, retaliation, and discriminatory discharge. See generally Complaint.
II. ANALYSIS
Summary judgment is proper when the pleadings and evidence on file show that no genuine issue exists as to any material fact and that the moving parties are entitled to judgment as a matter of law. FED. R. CIV. P. 56(c). “[T]he substantive law will identify which facts are material.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue of material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.
Movants for summary judgment make such a showing by informing the court of the basis of their motion and by identifying the portions of the record which reveal there are no genuine material fact issues to support the nonmovant’s case. Celotex Corporation v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The pleadings, depositions, admissions, and affidavits, if any, must demonstrate that no genuine issue of material fact exists. FED. R. CIV. P. 56(c).
Once the movants make this showing, the nonmovant may not rest on the allegations in its pleadings. Celotex, 477 U.S. at 324; FED. R. CIV. P. 56(e). Rather, it must direct the court’s attention to evidence in the record sufficient to establish that there is a genuine issue of material fact for trial. Celotex, 477 U.S. at 324. To carry this burden, the “opponent must do more than simply show ... some metaphysical doubt as to the material facts.” Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation, 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Instead, the nonmovant must present evidence sufficient to support a resolution of the factual issue in its favor. Anderson, 477 U.S. at 257.
While all of the evidence must be viewed in a light most favorable to the plaintiff as the motion’s opponent, id. at 255 (citing Adickes v. S.H. Kress & Company, 398 U.S. 144, 158–59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970)), neither conclusory allegations nor unsubstantiated assertions will satisfy its summary judgment burden. Little v. Liquid Air Corporation, 37 F.3d 1069, 1075 (5th Cir.1994) (en banc); Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.), cert. denied, 506 U.S. 825, 113 S.Ct. 82, 121 L.Ed.2d 46 (1992). Summary judgment in favor of the defendants is proper if, after adequate time for
1

E.E.O.C. v. Bledsoe Dodge, LLC, Not Reported in F.Supp.2d (2003)

discovery, the EEOC fails to establish the existence of an element essential to its case and as to which it will bear the burden of proof at trial. Celotex, 477 U.S. at 322–23.
*2 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., prohibits discrimination on the basis of race, color, religion, sex, or national origin in federal and private employment. Fitzgerald v. Secretary, United States Department of Veterans Affairs, 121 F.3d 203, 206 (5th Cir.1997). In this case, there are so many disputed facts between the plaintiff’s and the defendants’ versions of events of alleged discrimination that the court is unable conclude that no genuine issue exists as to any material fact. Moreover, the court must view all of the evidence in favor of the EEOC as the nonmovant. Because disputes over material facts exist, the court

cannot conclude that the movants are entitled to summary judgment.
III. CONCLUSION Given the genuine issues of material fact still to be resolved, summary judgment is DENIED on all of the plaintiff’s claims against the defendants. SO ORDERED.
	  

2

 
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CLOSED, JURY, STICKNEY
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:02-cv-01373

Equal Employment Opp v. Bledsoe Dodge LLC, et al Assigned to: Judge A. Joe Fish Demand: $0 Cause: 42:2000 Job Discrimination (Race)

Date Filed: 06/28/2002 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Toby W Costas Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 214/253-2749 FAX Email: toby.costas@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

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

V.

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Defendant Bledsoe Dodge LLC also known as Autonation Dodge
Provider Maxel B (Bud) Silverberg
Defendant AutoNation Inc TERMINATED: 01/21/2004

represented by Connie K Wilhite Davis Oretsky 1415 Louisiana Suite 4200 Houston, Tx 77002 713/659-1010 Fax: 713/659-1122 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Maxel B (Bud) Silverberg Law Office of Maxel (Bud) Silverberg One Galleria Tower 13355 Noel Rd Suite 500 Dallas, TX 75240 972/628-3737 Fax: 972/628-3738 FAX Email: budsilverberg@earthlink.net PRO SE
represented by Connie K Wilhite (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/28/2002 06/28/2002 06/28/2002 06/28/2002 06/28/2002 07/18/2002 07/18/2002

#

Docket Text

1 COMPLAINT filed (5) (cxj) (Entered: 07/01/2002)

1 DEMAND for jury trial by plaintiff Equal Employment Opp (cxj) (Entered: 07/01/2002)

2 CERTIFICATE OF INTERESTED PERSONS by plaintiff Equal Employment Opp (2) (cxj) (Entered: 07/01/2002)

3 SUMMONS(ES) issued for defendant Bledsoe Dodge LLC (Issued-1) (cxj) (Entered: 07/01/2002)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (cxj) (Entered: 07/01/2002)

4 ANSWER to Complaint by defendant Bledsoe Dodge LLC (Attorney Connie K Wilhite), (4) (cxj) (Entered: 07/18/2002)

5 ORDER...no later than 20 days after this order is filed, dft must comply with Rule 3.1(f) so that the court can ensure that recusal is not required in this case ( Signed by Chief Judge A J. Fish ) Copies to counsel: 07/18/02 Page(s) 2 (cxj) (Entered: 07/18/2002)

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07/24/2002 07/26/2002 08/13/2002 08/22/2002
11/21/2002 01/06/2003 01/06/2003 01/07/2003 01/07/2003 01/07/2003 01/27/2003 02/10/2003 02/10/2003 02/24/2003

6 CERTIFICATE OF INTERESTED PERSONS by defendant Bledsoe Dodge LLC (3) (cxj) (Entered: 07/25/2002)
7 STATUS REPORT ORDER. Joint Status report due on 8/16/02 ( Signed by Chief Judge A J. Fish ) Copies to counsel: 07/29/02 Page(s): 3 (cxj) (Entered: 07/29/2002)
8 JOINT STATUS REPORT by plaintiff Equal Employment Opp, defendant Bledsoe Dodge LLC. (5) (cxb) (Entered: 08/15/2002)
9 ORDER ESTABLISHING SCHEDULE AND CERTAIN PRETRIAL REQUIREMENTS/SCHEDULING ORDER setting trial on this court's four-week docket beginning 9/2/03; Joining of Parties on 11/21/02; Amending of Pleadings on 11/21/02; Deadline for filing of dispositive motions 3/28/03; Discovery cutoff 5/31/03; Pretrial materials due on 8/22/03; Proposed pretrial order due 8/22/03; Pretrial conference for 9:00 8/29/03. See order for specifics. (Signed by Chief Judge A J. Fish) Copies to counsel: 8/23/02 Page(s): 11 (cxb) (Entered: 08/23/2002)
10 MOTION with memorandum in support by plaintiff Equal Employment Opp to amend [1-1] complaint and add an additional party . (15+) (Exhibits not imaged.) (cxb) (Entered: 11/22/2002)
11 ORDER granting [10-1] motion to amend [1-1] complaint and add an additional party. ( Signed by Chief Judge A J. Fish Copies to counsel: 01/06/03 Page(s) 1 (lmr) (Entered: 01/06/2003)
12 AMENDED COMPLAINT by plaintiff Equal Employment Opp , amending [1-1] complaint against AutoNation Inc.(5) (lmr) Modified on 01/06/2003 (Entered: 01/06/2003)
13 AMENDED COMPLAINT by plaintiff Equal Employment Opp , amending [12-1] amended complaint (5) (jrb) (Entered: 01/08/2003)
13 DEMAND for jury trial by defendant Bledsoe Dodge LLC, defendant AutoNation Inc (jrb) (Entered: 01/08/2003)
14 Amended CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by plaintiff Equal Employment Opp (2) (jrb) (Entered: 01/08/2003)
15 SUMMONS(ES) issued for defendant Bledsoe Dodge LLC, defendant AutoNation Inc (issued-2) (jrb) (Entered: 01/28/2003)
16 ANSWER and Affirmative Defenses by defendant Bledsoe Dodge LLC, defendant AutoNation Inc to amended complaint (5) (jrb) (Entered: 02/11/2003)
17 Amended CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by defendant Bledsoe Dodge LLC, defendant AutoNation Inc (3) (jrb) (Entered: 02/11/2003)
18 ORDER REFERRING CASE to ADR. Type of ADR: Mediation. Maxel B 'Bud' Silverberg appointed. See Order for specifics. (Signed by Judge

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03/28/2003 03/28/2003 03/28/2003 04/01/2003 04/17/2003 04/17/2003 04/17/2003 05/02/2003 06/06/2003 06/06/2003 06/06/2003 06/11/2003 06/20/2003 06/20/2003
06/27/2003

A. Joe Fish on 02/24/03) (jaw, ) (Entered: 02/27/2003)
19 MOTION for Summary Judgment by AutoNation Inc, Bledsoe Dodge LLC. (NOD) (cxb, ) (Entered: 03/31/2003)
20 Brief/Memorandum in Support re 19 MOTION for Summary Judgment filed by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 03/31/2003)
21 Appendix in Support re 19 MOTION for Summary Judgment filed by AutoNation Inc, Bledsoe Dodge LLC. (USC/Not imaged.) (cxb, ) (Entered: 03/31/2003)
22 AMENDED MOTION for Summary Judgment by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 04/02/2003)
23 RESPONSE in Opposition re 19 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (cxb, ) (Entered: 04/18/2003)
24 Brief/Memorandum in Support re 23 Response in Opposition to defendant's motion for summary judgment filed by Equal Employment Opportunity Commission. (cxb, ) (Entered: 04/18/2003)
25 Appendix in Support re 24 Brief in Support of Motion for summary judgment filed by Equal Employment Opportunity Commission. (Not imaged.) (cxb, ) (Entered: 04/18/2003)
26 REPLY to Response to 19 MOTION for Summary Judgment filed by AutoNation Inc, Bledsoe Dodge LLC. (cxb) (Entered: 05/05/2003)
27 Pretrial Witness List by Equal Employment Opportunity Commission. (jyg, ) (Entered: 06/09/2003)
28 Pretrial Exhibit List by Equal Employment Opportunity Commission. (jyg, ) (Entered: 06/09/2003)
29 Deposition Witness Designations by Equal Employment Opportunity Commission. (jyg, ) (Entered: 06/09/2003)
30 PRETRIAL DISCLOSURES/Witness List by AutoNation Inc, Bledsoe Dodge LLC. (cxb) (Entered: 06/12/2003)
31 OBJECTIONS to re 30 Pre-trial Disclosures filed by Equal Employment Opportunity Commission. (cxb) (Entered: 06/23/2003)
32 OBJECTIONS TO THE ADMISSIBILITY OF MATERIALS IDENTIFIED BY PLAINTIFF IN 28 Pretrial Disclosures/Exhibit List filed by AutoNation Inc, Bledsoe Dodge LLC. (cxb) (Entered: 06/24/2003)
33 RESPONSE to 31 Objections to pre-trial disclosures/Response in Opposition filed by AutoNation Inc, Bledsoe Dodge LLC. (cxb) (Entered: 06/30/2003)

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07/01/2003 07/01/2003 07/03/2003
07/08/2003 07/09/2003 07/16/2003
07/16/2003 09/19/2003 09/19/2003 09/19/2003 10/01/2003 10/02/2003

34 *** UNFILED per order dated 7/3/03, doc. 36. *** MOTION to Continue trial and modification of the court's scheduling order by Equal Employment Opportunity Commission. (Attachments not imaged.) (cxb) Modified on 7/7/2003 (cxb). (Entered: 07/02/2003)
35 MOTION for leave to file Second Amended Complaint/to Amend/Correct 12 Amended Complaint, 1 Complaint by Equal Employment Opportunity Commission with Incorporated Brief. (Exhibits not imaged.)(cxb) (Entered: 07/02/2003)
36 Order Unfiling 34 MOTION to Continue and modification of the court's scheduling order filed by Equal Employment Opportunity Commission due to the following deficiency: all parties must sign that are in agreement. (Signed by Judge A. Joe Fish on 7/2/03) (cxb) (Entered: 07/07/2003)
38 MOTION to Continue Trial and modification of the court's scheduling order by Equal Employment Opportunity Commission. (Exhibits not imaged.) (cxb) (Entered: 07/09/2003)
37 ORDER.....defendants' response to plaintiff's leave to file second amended complaint due 7/14/03; plaintiff's reply, if any, due 7/18/03. [see order for specifics] (Signed by Judge A. Joe Fish on 7/9/03) (cxb) (Entered: 07/09/2003)
39 SCHEDULING ORDER: This case is reset for trial on this court's fourweek docket beginning 1/5/04. Discovery due by 8/31/2003; Pretrial Conference set for 1/2/2004 09:00 AM; Dispositive Motions due by 9/19/2003; Proposed Pretrial Order due by 12/26/2003; Pretrial Materials due by 12/26/2003. (Motions terminated: 38 MOTION to Continue trial and modification of scheduling order filed by Equal Employment Opportunity Commission.) (Signed by Judge A. Joe Fish on 7/16/03) (cxb) (Entered: 07/17/2003)
40 SECOND AMENDED COMPLAINT against AutoNation Inc, Bledsoe Dodge LLC, filed by Equal Employment Opportunity Commission.(cxb) (Entered: 07/17/2003)
41 SECOND MOTION for Summary Judgment by AutoNation Inc, Bledsoe Dodge LLC. (cxb) (Entered: 09/22/2003)
42 Brief in Support re 41 Second Motion for Summary Judgment filed by AutoNation Inc, Bledsoe Dodge LLC. (cxb) (Entered: 09/22/2003)
43 Appendix in Support re 41 Second Motion for Summary Judgment filed by AutoNation Inc, Bledsoe Dodge LLC. (USC/Not imaged.) (cxb) (Entered: 09/22/2003)
44 MOTION for Leave to File Second Amended Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint by AutoNation Inc, Bledsoe Dodge LLC. (Exhibits not imaged.) (cxb) (Entered: 10/02/2003)
45 ORDER granting 44 Motion for Leave to File. The Clerk is directed to file and docket defendants' second amended answer and affirmative

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10/02/2003 10/09/2003 10/09/2003 10/09/2003
10/24/2003 12/12/2003 12/23/2003 12/29/2003
12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003

defenses to plaintiff's second amended complaint. (Signed by Judge A. Joe Fish on 10/2/03) (djd) (Entered: 10/03/2003)
46 SECOND AMENDED ANSWER AND AFFIRMATIVE DEFENSES to Plaintiffs' 40 Second Amended Complaint by AutoNation Inc, Bledsoe Dodge LLC. (djd) (Entered: 10/03/2003)
47 RESPONSE in Opposition re 41 Second Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (cxb) (Entered: 10/10/2003)
48 Brief in Support re 47 Response in Opposition to Second Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (cxb) (Entered: 10/10/2003)
49 Appendix in Support re 48 Brief in Support of Response in Opposition to Second Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (USC/Not imaged.)(cxb) (Entered: 10/10/2003)
50 REPLY to Response to Motion re 41 MOTION for Summary Judgment and Brief in Support Thereof filed by AutoNation Inc, Bledsoe Dodge LLC. (jyg, ) (Entered: 10/27/2003)
51 SUMMONS Returned Executed as to Bledsoe Dodge LLC served on 1/29/2003 by serving registered agent, answer due 2/18/2003. (cxb, ) (Entered: 12/15/2003)
52 ORDER:The Pretrial Conference is reset for 1/13/2004 at 04:00 PM before Judge A. Joe Fish. (Signed by Judge A. Joe Fish on 12/23/03) (aat, ) (Entered: 12/23/2003)
53 Memorandum Order denying as moot 19 Motion for Summary Judgment filed by Bledsoe Dodge LLC, AutoNation Inc, and 22 Motion for Summary Judgment filed by Bledsoe Dodge LLC, AutoNation Inc; denying 41 Motion for Summary Judgment filed by Bledsoe Dodge LLC, AutoNation Inc.[see order for specifics] (Signed by Judge A. Joe Fish on 12/29/03) (cxb, ) (Entered: 12/30/2003)
54 REQUESTED CHARGE, INSTRUCTIONS, AND QUESTIONS TO THE JURY/Proposed Jury Instructions by AutoNation Inc, Bledsoe Dodge LLC. (Attachments not imaged.)(cxb, ) (Entered: 12/30/2003)
REQUESTED CHARGE, INSTRUCTIONS, AND QUESTIONS TO THE JURY/Proposed Voir Dire by AutoNation Inc, Bledsoe Dodge LLC (see doc. 54). (cxb, ) (Entered: 12/30/2003)
55 RESPONSE TO DEFENDANT'S TRIAL EXHIBIT LIST filed by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
56 Proposed Jury Instructions by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
57 Proposed Voir Dire by Equal Employment Opportunity Commission.

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12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003 12/29/2003
12/29/2003 01/09/2004

(cxb, ) (Entered: 12/30/2003)
58 PRE-TRIAL Witness List by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
59 DEPOSITION WITNESS DESIGNATIONS/Designation of Deposition by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
60 TRIAL BRIEF ON JOINT EMPLOYER LIABILITY AND INTEGRATED ENTERPRISE by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
61 Witness List by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
62 Exhibit List by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
63 MOTION in Limine by Equal Employment Opportunity Commission with Brief in Support Thereof. (cxb, ) (Entered: 12/30/2003)
64 MOTION in Limine by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 12/30/2003)
65 REQUESTED VOIR DIRE EXAMINATION OF THE JURY PANEL/Proposed Voir Dire by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 12/30/2003)
66 Designation of Deposition Excerpts by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 12/30/2003)
67 Trial Witness List by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 12/30/2003)
68 Trial Exhibit List by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 12/30/2003)
69 OBJECTIONS TO PLAINTIFFS' TRIAL EXHIBIT LIST filed by AutoNation Inc, Bledsoe Dodge LLC. (cxb, ) (Entered: 12/30/2003)
70 JOINT SETTLEMENT REPORT by AutoNation Inc, Bledsoe Dodge LLC, Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
71 TRIAL BRIEF ON TOTALITY OF CIRCUMSTANCES, CUMULATIVE EFFECT AND HOSTILE WORK ENVIRONMENT by Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
72 NOTICE of Attorney Appearance by William C Backhaus on behalf of Equal Employment Opportunity Commission. (cxb, ) (Entered: 12/30/2003)
73 AMENDED DEPOSITION WITNESS DESIGNATIONS by Equal

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01/13/2004 01/13/2004 01/13/2004 01/14/2004 01/14/2004 01/14/2004
01/14/2004 01/15/2004 01/16/2004
01/21/2004
01/21/2004 01/21/2004 01/21/2004

Employment Opportunity Commission. (cxb, ) (Entered: 01/12/2004)
74 JOINT PRE-TRIAL MOTION regarding evidentiary matters by AutoNation Inc, Bledsoe Dodge LLC, Equal Employment Opportunity Commission. (cxb, ) (Entered: 01/14/2004)
75 ORDER REGARDING CONDUCT OF TRIAL. (Signed by Judge A. Joe Fish on 1/13/04) (cxb, ) (Entered: 01/14/2004)
77 Minute Entry for proceedings held before Judge A. Joe Fish. Pretrial Conference held on 1/13/04. Trial to begin 1/14/04 at 9:00 a.m. (Court Reporter Cass Casey.) (cxb, ) (Entered: 01/15/2004)
76 JOINT PRETRIAL ORDER. (Signed by Judge A. Joe Fish on 1/14/04) (cxb, ) (Entered: 01/14/2004)
78 ORDER granting 74 joint pre-trial motion on evidentiary matters. [see order for specifics] (Signed by Judge A. Joe Fish on 1/14/04) (cxb, ) (Entered: 01/15/2004)
79 Minute Entry for proceedings held before Judge A. Joe Fish. Jury voir dire; Jury selected, seated and sworn; Jury Trial begun on 1/14/2004. Opening arguments. Pltf's evidence presented. Exhibits retained by offering party. Adjourned to resume 9:00 a.m. on 1/15/04.(Court Reporter Cass Casey.) (cxb, ) (Entered: 01/15/2004)
80 Jury Roll. (Attachments not imaged.)(cxb, ) (Entered: 01/15/2004)
81 Minute Entry for proceedings held before Judge A. Joe Fish. 2nd day of Jury Trial held on 1/15/04. Adjourned to resume 9:00 a.m. on 1/16/04. (Court Reporter Cass Casey.) (cxb, ) (Entered: 01/16/2004)
82 Minute Entry for proceedings held before Judge A. Joe Fish. 3rd day jury trial held on 1/16/04. Pltf's evidence presented. Exhibits retained by offering party. Adjourned to resume 9:00 a.m. on 1/21/04. (Court Reporter Cass Casey.) (cxb, ) (Entered: 01/20/2004)
83 Minute Entry for proceedings held before Judge A. Joe Fish. Fourth day of jury trial held on 1/21/04. Court heard arguments on defts' motion for judgment as a matter of law (oral motion made in court). Court granted motion as to defendant AutoNation. Deft Bledsoe begins it's evidence. Exhibits retained by offering party. Adjourned to resume 9:00 a.m. on 1/22/04. (Court Reporter Cass Casey.) (cxb, ) (Entered: 01/22/2004)
MOTION for judgment as a matter of law by AutoNation Inc (made in open court on 1/21/04, see doc. 83). (cxb, ) (Entered: 01/22/2004)
ORAL ORDER granting oral motion made in open court on 1/21/03 (see doc. 83). (Signed by Judge A. Joe Fish on 1/21/04) (cxb, ) (Entered: 01/22/2004)
84 RESPONSE to ORAL MOTION for judgment as a matter of law filed by Equal Employment Opportunity Commission. (cxb, ) (Entered: 01/22/2004)

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01/22/2004 01/22/2004 01/22/2004
01/23/2004 01/26/2004 01/26/2004 01/27/2004
01/27/2004 01/27/2004
01/27/2004 01/29/2004
02/06/2004

85 REQUESTED SUPPLEMENTAL Jury Instructions by Bledsoe Dodge LLC. (cxb, ) (Entered: 01/22/2004)
86 RESPONSE in Opposition re 85 Supplemental Jury Instructions filed by Equal Employment Opportunity Commission. (cxb, ) (Entered: 01/23/2004)
87 Minute Entry for proceedings held before Judge A. Joe Fish. Fifth day of jury trial held on 1/22/04. Deft renewed it's motion for judgment as a matter of law/denied. Parties to return at 3:30 today to receive copy of Court's Charge to the Jury. Court instructed parties to return any objections to charge by 8:30 am on 1/23/04. Exhibits retained by offering party. Adjourned to resume 9:00 a.m. on 1/23/04. (Court Reporter Cass Casey.) (cxb, ) (Entered: 01/23/2004)
88 Minute Entry for proceedings held before Judge A. Joe Fish : Day 6 of Jury Trial held on 1/23/04. Closing Arguments. Court's Charge to Jury. Jury recessed to resume deliberations at 9:00 am on 2/26/04. (Court Reporter Cass Casey.) (jrb, ) (Entered: 01/27/2004)
89 Minute Entry for proceedings held before Judge A. Joe Fish : 7th day of Jury Trial held on 1/26/04. Jury Recessed to resume deliberations at 9:00 am on 2/27/04. (Court Reporter Cass Casey.) (jrb, ) (Entered: 01/28/2004)
90 Objection to Court's Supplemental Instructions No. 2 to the Jury filed by Equal Employment Opportunity Commission. (jrb, ) (Entered: 01/28/2004)
91 Minute Entry for proceedings held before Judge A. Joe Fish. Jury deliberating; Juror notes #3, 4 & 5. After receiving jury note #5 indicating that the jury was deadlocked, court released jury. Exhibits retained by court reporter. (Court Reporter Randy Wilson.) (cxb, ) (Entered: 01/28/2004)
92 COURT'S INSTRUCTIONS TO THE JURY/Proposed Jury Instructions. (Attachment not imaged.)(cxb, ) (Entered: 01/28/2004)
93 ORDER.......copies of the proposed charge containing the parties' written objections and suggestions are ordered filed among the papers of this case. The objections and suggestions of plaintiff are labeled "A" and those of defendant are labeled "B." (Attachments not imaged.) (Signed by Judge A. Joe Fish on 1/27/04) (cxb, ) (Entered: 01/28/2004)
94 Jury Notes. (Not imaged.)(cxb, ) (Entered: 01/28/2004)
95 ORDER.....on 1/27/04, the jury in this case reported to the court its inability to reach a unanimous verdict. Accordingly, the jury was discharged, and the court declared a mistrial. A new trial date will be set by separate order. (Signed by Judge A. Joe Fish on 1/29/04) (cxb, ) (Entered: 01/30/2004)
96 RENEWED MOTION for Judgment as a matter of law pursuant to Rule 50(b) by Bledsoe Dodge LLC. (cxb, ) (Entered: 02/09/2004)

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02/25/2004 02/27/2004 04/01/2004
05/05/2004 06/28/2004 08/17/2004

97 ORDER: The parties having advised the court that this case has been settled, it is ordered that the final judgment or order of dismissal be presented for entry by March 25, 2004. If it is not, then the case will be subject to dismissal. (Signed by Judge A. Joe Fish on 2/25/04) (cxb, ) (Entered: 02/26/2004)
98 Alternative Dispute Resolution Summary filed by Maxel B (Bud) Silverberg. Prv Fee: $150/hour/party. Disposition: Settled as a result of ADR.(cxb, ) (Entered: 02/27/2004)
99 CONSENT DECREE. Defendant Bledsoe Dodge, LLC agrees to pay the gross sum of $40,000 to resolve all claims for all damages. From this gross payment, Anthony Barnett will receive $20,000 and Barron Jackson will receive $20,000. Within 21 days of the entry of this Consent Decree, Defendant will issue a check. The term of this Decree shall be for 2 years. The parties to this Consent Decree agree to bear their own attorney's fees associated with the above-referenced Complaint. [see order for specifics] (Exhibit not imaged.) (Signed by Judge A. Joe Fish on 4/1/04) (cxb, ) (Entered: 04/01/2004)
100 Letter by CRD to Defendant's attorney re receipt of exhibits. (cxb, ) (Entered: 05/06/2004)
101 TRANSCRIPT of Proceedings held on January 2004 before Judge A. Joe Fish re Motion for Judgment as a Matter of Law. Court Reporter: Cassidi L. Casey. (not imaged/USC)(cxb, ) (Entered: 06/29/2004)
102 Letter from CRD to Toby Costas, plaintiff's attorney re destruction of exhibits not picked up. (cxb, ) (Entered: 08/18/2004)

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