Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 1 of 7
;; "

IN THE UNITED STATES DISTRICT COURT
FILED FOR THE WESTERN DISTRICT OF TEXAS MIDLAND-ODESSA DMSION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

LOOP 20 TEXAS, INC., and U.S.

)

CHEEMA, INC.

)

)

Defendants.

)

COMPLAINT JURY TRIAL DEMAND

MO-06-CV
NATURE OF THE ACTION

12 1

This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII") and Title I

of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and

retaliation, and to provide appropriate relief to Yadira Vasquez and a class of similarly situated

female employees who were adversely affected by such practices.

JURISDICTION AND VENUE

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

1343 and 1345. This action is authorized and instituted pursuantto Section 706(t)(1) and (3) of

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

VII") and Section 102 of the Civil Rights Act of 1991,42 U.S.C. §1981a.

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

jurisdiction of the United States District Court for the Western District of Texas, Midland-

Odessa Division.

Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 2 of 7
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. §2000e-5(f)(I) and (3). 4. At all relevant times, Defendant Loop 20 Texas, Inc., a Texas Corporation, and Defendant U.S. Cheema, Inc, a Texas Corporation, operating as an integrated enterprise (hereinafter "Defendants") have continuously been doing business in the State of Texas and the City of Odessa, and have continuously had at least 15 employees. 5. 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. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Yadira Vasquez filed a charge with the Commission alleging violations of Title VII by Defendants. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least August 2005, Defendants have engaged in unlawful employment practices at the Odessa Super Inn and at the Odessa Quality Inn, in violation of Section 703(a)(l) of Title VII, 42 U.S.C. § 2000e-2(a)(I), when they subjected Yadira Vasquez 3itld a class of female employees to unlawful sexual harassment. Specifically, Defendants' top official subjected Ms. Vasquez and similarly situated females to a sexually hostile work environment. When Ms. Vasquez refused to acquiesce to the unwelcome sexual conduct, her wotk hours were reduced and she was constructively discharged. A class of similarly situated female employees
2

Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 3 of 7
were also constructively discharged due to Defendants' sexually hostile work environment. 8. Since at least August 2005, Defendants have engaged in unlawful employment
practices at the Odessa Super Inn and at the Odessa Quality Inn, in violation of Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a), when they retaliated against Yadira Vasquez and a class of similarly situated female employees. Specifically, Defendants' top official made the work environment of Ms. Vasquez and a class of similarly situated female employees so intolerable, because they opposed or refused to respond to the sexual harassment to which they were being subjected, that Ms. Vasquez and that class of female employees had no choice but to quit their jobs.
9. The effect of the practices complained of in paragraphs 7 and 8 above has been to deprive Yadira Vasquez and class of similarly situated female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex.
10. The unlawful employment practices complained of in paragraphs 7 and 8 above were and are intentional.
11. The unlawful employment practices complained of in paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rifJIts of Yadira Vasquez and a class of similarly situated female employees.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, their officers, successors, assigns, and all persons in active concert or participation with them, from subjecting female employees to sexual harassment, from making the employment conditions of females employees so intolerable, because they oppose or refuse to respond to such sexual harassment, that they
3

Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 4 of 7
have no choice but to quit their jobs, and from any other employment practice which discriminates on the basis of sex.
B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for female employees, and which, eradicate the effects of their past and present unlawful employment practices.
C. Order Defendants to make whole Yadira Vasquez and a class of similarly situated female employees, by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of their unlawful employment practices, including but not limited to reinstatement of Yadira Vasquez and a class of similarly situated female employees
D. Order Defendants to make whole Yadira Vasquez and a class of similarly situated female employees, by providing compensation for past and future nonpecuniary losses reSUlting from the unlawful employment practices described in paragraphs 7 and 8 above, including but not limited to emotional pain and suffering, inconvenience, loss of enjoyment of life and humiliation in amounts to be determined at trial.
E. Order Defendants to pay Yadira Vasquez and a class of similarly situated female employees punitive damages for their malicious or reckless conduct described in paragraphs 7 and 8 above, in amounts to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint.
4

Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 5 of 7
I T
Respectfully submitted, RONALD S. COOPER General Counsel JAMESL. LEE Deputy General Counsel
~ ~ BERT A. CA~--~ 4" .~1--
Regional Attorne;U 1J'\J
Oklahoma State Bar No. 011782
Trial Attorney Texas State Bar No. 0079 741 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EI Paso Area Office 300 E. Main, Suite 500 El Paso, Texas 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701
5

~JS44 _(l~ v. Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 6 of 7

3/99)

CIVIL COVER SHEET

Ii

Ple~ingS ~'"
.The 1'S-44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of

or other I?apers as required

by law, except as provided by local rules use of the Clerk of Court for the purpose

of court. This fonn, of initiating the civil

approved by the Judicial Conference of docket sheet. (SEE INSTRUCTIONS

the ON

UTnHiEtedRSEtVatEesRiSnESqebpteTmHbEerF1O9R74M, .I)S

required

for

the

PLAINTIFFS
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS
LOOP 20 TEXAS, INC., and U.S. CHEEMA, INC.

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

County of Residence of First Listed

~MI~D:l;:;\LAN!..l:l.loD~_ _ _ _ __

(IN U.S. PLAINTIFF CASES ONLy)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF LAND INVOLVED.

(c) Attorney's (Firm Name, Address, and Telephone Number)
LETICIA DOMINGUEZ EEOC· 300 E. Main Street, Suite 500 EI Paso, TX 79901 (915) 534·6676

Attorneys (If Known)
MO-06-CV 121

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(place an "X" in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

X I u.s. Government

o 3 Federal Question

Citizen of This State

DEF
o I 0 1 Incorporated or Principal Place

DEF 0 4 04

Plaintiff

(U.s. Govenunent Not a Party)

of BusineS$ In This State

o 2 U.S. Govenunent
Defendant

o 4 Diversity
(Indicate Citizenship ofPames
in Item ill)

IV NATURE OF SUIT (Place an "X" in One Box OnM

CONTRACT

TORTS

Citizen of Another State
Citizen or Subject of a Foreilm COWItry

o 2 0 2 Incorporated ~nd Principal Place
of Busines$ In Another State
o 3 0 3 Foreign Natioo

o 5 05 o 6 06

FORFEITUREIPENALTY

BANKRUPTCY

OTHER STATUTES

o II0 Insurance

PERSONAL INJURY

o 120Marine

o 310 Airplane

o 130 Miller Act

o 315 Airplane Product

o 140 Negotiable Instrument

Liability

o 150 Recovery of Overpayment 0 320 Assault, Libel &

PERSONAL INJURY
o 362 Personal Injury-
Med. Malpractice
o 365 Personal Injury -
Product Liability

0 610 Agriculture

0 422 Appeal 28 USC 158

0 620 Other Food & Drug

0 625 Drug Related Seizure 0 423 Withdrawal

of Property 21 USC

28 USC 157

0 630 Liquor Laws

o 400 State Reapportiomnent o 410 Antitrust o 430 Banks and Banking o 450 CommercelICC Rates/etc. o 460 Deportation

& Enforcement of Judgment

Slander

o 368 Asbestos Personal 0 640 R.R. & Truck

PROPERTY RIGH1!S o 470 Racketeer Influenced and

o 151 Medicare Act
o 152 Recovery ofDefaulted
Student Loans
(Exc\' Veterans)

0 330 Federal Employers'

Injwy Product

0 650 Airline Regs.

Liability

Liability

0 660 Occupational

0 340 Marine

PERSONAL PROPERTY

SafetylHealth

0 345 Marine Product 0 370 Other Fraud

0 690 Other

0 820 Copyrights 0 830 Patent 0 840 Trademark

Corrupt Organizations
o 810 Selective Service o 850 Securities/Commodities!
Exchange

o 153 Recovery of Overpayment

Liability

0 371 Truth in Lending t - - - - : -.......__- - - I - -__- - - - - - - I O 875 Customer Challenge

of Veteran's Benefits 0 350 Motor Vehicle

0 380 Other Personal

LABOR

SOCIAL SECURITY

12 USC 3410

O 160 Stockholders' SUI'ts
o 190 Other Contract

0 355 Motor Vehicle

Property Damage

Product Liability 0 385 Property Damage

o 71 0 Fair Labor Standards 0 861 HlA (\395fi)

Act

0 862 Black LWIg (923)

_0_19_5_C_on_tr_ac_tPr_od_uc_t_Li~ab_i1_ity-l-0_-:,36-:,O_O-:,th_er-:,p-:,ers-:,0-:,naI~InJ_W'Y-r::==Pr-:,o~d~uc-:::tL-:::i-:::ab-:::i1I-:::'ty:,,:,,:,,~ 0 720 LaborlMgmt. Relations 0 863 DIWClDIWW (40S(g»

_...;R:.;;E;;;;A.:.;L:.;P;.;R.:.;O;.;P..;;;E;;;;R;.;;TY..;;;.,..-t_..C.;;;.I;;V...;.I.;L;;;..;R;;;;I=O=_+HP;T..;RS;..;I;.;..SO;.;..N;..;E;..;R;..;P;..;E;..;TIT;.;;..;..I_O_N.,S 0 730 LaborlMgmt.Reporting ~ :~~ ~~4~i~~~VI

o 891 Agricnltural Acts o 892 Econontic Stabilization Act
o 893 Envirmnnental Matters o 894 Energy Allocation Act o 895 Freedom of

o 2\0 Land Condenmation o 220 Foreclosure

0 441 Voting X 442 Employment

o 510 Motions to Vacate
Sentence

& Disclosure Act
o 740 Railway Labor Act

Information Act

FEDERAL TAX SUIrS

o 900 Appeal Deterntination

of

Fee

o 230 Rent Lease & Ejectment o 240 Torts to Land o 245 Tort Product Liability o 290 All Other Real Property

0 443 Housing! Accommodations
0 444 Welfare 0 440 Other Civil Rights

Habeas Corpus:
o 530 General o 535 Death Penalty o 540 Mandamus & Other o 550 Civil Rights

o

0 870 Taxes (U.S. PlaintiJ:tI

790 Other Labor Litigation

or Defendant)

o 791 Emp\' Ret. Inc.
Security Act

o 871 IRS-Third Party
26 USC 7609

Under Equal Access to
Justice
o 950 Constitutionality of o State Statutes
890 Other Statutory Actions

o 555 Prison Condition

V. ORIGIN (PLACE AN "X" IN ONE BOX ONLY)

X 1 Original 0 2 Removed from 0 3 Remanded from

Proceeding

State Court

Appellate Court

Transferred from another district 0 4 Reinstated or 0 5 (specify) Reopened

o 6 Multtdistrict
Litig,tion

Appeal to

District

o

7

Judge from Magistrate

Judgment

VI CAUSE OF ACTI0 N (Cite the l!.S: C.ivi~ S~atote WIder which yo~ are.filing and write brief statement of cause.

•

Do not CIte JunsdictlOnal statutes unless diverstty.)

This is an action WIder Title VII of the Civil Rights Act of 1964 ("Title VII') and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices 1m the basis of sex and retaliation, and to

provide appropriate relief to Yadira Vasquez and a class of similarly situated female employees who were adversely affected by such practices.

o VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COMPLAINT:

UNDER F.R.C.P. 23

VIII. RELATED CASE(S) (See

IFAN¥

instructions):

DEMANDS

CHECK YES nly if demanded in complaint:

JURY DE D:

X Yes 0 No

Case 7:06-cv-00121-RAJ Document 1 Filed 09/29/2006 Page 7 of 7

JUDGE

DOCKET NUMBER

DATE &J/ t~1 :Jooll

SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY RECEIPT # _ _ _ _ AMOUN _ _ _ __

APPLYING IFP _ _ _ __

JUDGE _ _ _ __ MAG.JUDGE _ _ _ _ _ __

JS 44 Reverse (Rev. 12/96)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CML COVER SHEET FORM JS-44
Authority For Civil Cover Sheet

 
 Case 7:06-cv-00121-RAJ Document 14 Filed 02/05/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND-ODESSA DIVISION

FILED

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

Plaintiff,

§

§

v.

§

§

LOOP 20 TEXAS, INC. and U.S.

§

CHEEMA, INC.,

§

Defendants.

§

MO-06-CV -121

ORDER DENYING DEFENDANTS' MOTION TO DISMISS. OR. IN THE ALTERNATIVE. FOR SUMMARY JUDGMENT

BEFORE THE COURT is Defendant Loop 20 Texas, Inc., and U.S. Cheema, Inc.'s 12(b)(6)

Motion to Dismiss or, in the Alternative, for Summary Judgment, filed December 6,2006 (Doc. 6).

In the Motion, Defendants argue that Plaintiff, the Equal Employment Opportunity Commission

("EEOC"), did not satisfy the second condition required before it may invoke the single filing rule.

Specifically, Defendants argue the administrative charge did not give notice that the discrimination

was class-wide. After careful consideration of all the pleadings, the Court shall deny the Motion

because the Plaintiff EEOC has complied with all of the necessary jurisdictional requirements.

Accordingly, IT IS HEREBY ORDERED that Defendants' Motion to Dismiss or, in the

Alternative, for Summary Judgment, is DENIED.

SIGNED on this;?- day of FEBRUARY, 2007.

United States strict Judge Western District of Texas

K:\Text\Cory\Civil\EEOC v. Loop 20\EEOC_deny msj.wpd

 
 Case 7:06-cv-00121-RAJ Document 16 Filed 02/20/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
MIDLAND/ODESSA DIVISION

FILED

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION

§

§

V.

§

§

LOOP 20 TEXAS, INC., AND U.S. §

CHEEMA, INC.

§

NO. MO-06-CV-121

ORDER

The parties have indicated to the Court that they have settled this case. Accordingly, this case is administratively closed without prejudice to its being reopened to enter an order of dismissal or to enter other orders if the settlement is not consummated. Counsel in this case are ordered to file the papers necessary to dismiss this action on or before thirty (30) days from the date of this order. All pending motions, if any, are therefore denied as moot.
It is so Ordered.
Signed this 2P day of February, 2007.

 
 Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 1 of 8

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

FILED

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

)

Plaintiff,

)

)

v.

)

)

)

LOOP20 TEXAS, INC., and U.S.

)

CHEEMA, INC.

)

)

Defendants.

)

CIVIL ACTION NO. MO-06-CV-121

CONSENT DECREE

The parties to this Consent Decree are Plaintiff United States Equal Employment

Opportunity Commission ("EEOC") and Defendants Loop 20 Texas, Inc. and U.S. Cheema, Inc.

("Defendants"). This Consent Decree resolves Plaintiff EEOC's claims in the above-referenced

Civil Action No. MO-06-CV~121. Plaintiff EEOC initiated its lawsuit pursuant to Title VII of

the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq. ("Title VII"), and Title I of

the Civil Rights Act of 1991, 42 U.S.C. §1981a.

Plaintiff EEOC's Complaint in this lawsuit asserts unlawful employment practices on the

basis of gender and retaliation, and seeks to provide relief to Yadira Vasquez and a class of

similarly situated female employees who were adversely affected by those unlawful employment

practices. More specifically, Plaintiff EEOC alleges in its Complaint that Defendants' top

official subjected Yadira Vasquez, and a class of similarly situated female employees, to a

sexually hostile work environment. Plaintiff EEOC also alleges, in its Complaint, that when Ms.

Vasquez refused to acquiesce to the unwelcome sexual conduct, her work hours were reduced

Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 2 of 8
and she was constructively discharged, and that a class of similarly situated female employees were also constructively discharged due to Defendants' sexually hostile work environment.
Plaintiff EEOC and Defendants wish to settle the claims raised by Plaintiff EEOC in this Action, without the necessity of further litigation, pursuant to the terms delineated in this Decree.
IT IS ORDERED, ADJUDGED, AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper, and all administrative prerequisites to the filing of this action have been met. Plaintiff EEOC's Complaint states claims on behalf of Yadira Vasquez and a class of similarly situated female employees which, if proved, would authorize this Court to grant relief against Defendants, pursuant to Title VII. 2. This Consent Decree resolves all issues raised in Plaintiff EEOC's Complaint in this case. Plaintiff EEOC waives further litigation of all issues raised in the above-referenced Complaint. 3. The duration of this Consent Decree shall be two years from the date of its filing with the Court. This Court shall retain jurisdiction of this action during the period of this Consent Decree, and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. Any violation of this Consent Decree by Defendants and/or their agents or assigns, shall toll the running of this two year period as of the date of the violation. If the Court subsequently determines this Consent Decree was violated, the two 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. 4. Defendants agree to provide to the EEOC, within 10 days of the Court's signing of this Consent Decree, a list of the name, last known address and social security number of all female
2

Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 3 of 8
employees of the Quality Inn and Super Inn who worked for Defendants at any time between December 30, 2004 and October 26,2005. 5. Defendants, in settlement of Plaintiffs claims in this dispute, shall pay toYadira Vasquez the sum total of$16,750.00, within 10 days of the signing ofthis Consent Decree by the Court. The payment to Ms. Vasquez shall be sent directly to her, at the following address: 1418 S. Anderson, Odessa, TX 79761. 6. Defendants shall pay $18,250 to aggrieved individuals identified by the EEOC as class members, in amounts to be set forth by the EEOC. The payments to the aggrieved individuals shall be sent directly to them, within 10 days after Plaintiff has identified them for Defendants. 7. A copy of each check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Trial Attorney Tisha Dominguez at the EEOC's El Paso Area Office, which is located at 300 E. Main, Suite 500, El Paso, TX 79901. 8. In providing employment references regarding Yadira Vasquez and Trudy Arreguin, Defendants shall not make any mention of the filing of Plaintiff EEOC's Complaint, or the underlying charge of discrimination filed by Ms. Vasquez. 9. Defendants shall expunge the personnel file(s) ofYadira Vasquez and Trudy Arreguin of any and all documents relating to the EEOC charge which Ms. Vasquez filed, and of any and all documents relating to Plaintiff EEOC's Complaint. 10. Defendants and their officers, employees, servants, successors, and assigns, are enjoined, during the term of this Consent Decree, from discriminating against any employee on the basis of gender. The conduct enjoined includes subjecting any employee, or allowing any employee to be subjected, to sexual harassment and/or to a sexually hostile work environment.
3

Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 4 of 8
11. Defendants and their agents, officers, employees, servants, successors, and assigns, are enjoined, during the term of this Consent Decree, from retaliating in any manner whatsoever against Yadira Vasquez, Trudy Arreguin andlor any other past, present, or future employee, who pursues a claim pursuant to Title VII, or who files a discrimination charge, gives testimony, or assistance, or participates in any manner in any investigation, proceeding, hearing, or action under Title VII. 12. Defendants and their agents, officers, employees, servants, successors, and assigns, shall provide their employees with a place of employment free of discrimination on the basis of gender. 13. Defendants and their agents, officers, employees, servants, successors, and assigns, shall post a notice regarding their intention not to discriminate andlor retaliate against any employee. Such notice shall be as set forth in Exhibit "A," which is attached to this Consent Decree. A copy of Exhibit "A" shall be posted on all employee bulletin boards, and other areas where employees are likely to congregate. The notice shall be posted within ten (10) days of the filing date of the Consent Decree, and shall remain posted for the duration of this Consent Decree. 14. Defendants shall disseminate a notice to all employees re-affirming their intent to comply with all EEOC requirements, re-affirming any policy manual provision regarding their policy not to discriminate on the basis of gender, or any other protected characteristic, and their policy not to retaliate against any employee who protests against discrimination, and including with said notice, a copy of Exhibit "A," requesting that each employee sign and return an acknowledgment that they have received said notice. 15. To further the ends of this Consent Decree, within one hundred eighty (180) days of the entry of this Decree, every employee of Defendants, including but not limited to Vikram
4

Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 5 of 8
Cheema, shall participate in no less than four (4) hours of equal employment opportunity compliance training. This training shall: (a) explain the law relating to discrimination in employment based on gender, including but not limited to sexual harassment and sexually hostile work environments; (b) explain the law relating to retaliation, including but not limited to the prohibition on discharging employees in retaliation for their refusal to acquiesce to sexual advances and/or for any complaints they may make about what they reasonably believe to be sexual harassment; and (c) explain the damaging effects of discrimination based on gender, and retaliation, to victims, their families, their co-workers, and the workplace environment. In addition, the training shall teach the responsibilities of supervisory employees and any human resources personnel to provide prompt and effective relief to individuals who complain of discrimination based on gender. Within 30 days prior to the date scheduled for this training, Defendants shall furnish to Plaintiff EEOC a written report describing the training to be attended by their employees, identifying the instructor(s) and describing their qualifications to conduct such training, and Plaintiff EEOC shall have the right, within ten days of its receipt of this information, to disapprove the training and the instructor. 16. Plaintiff EEOC shall have the right to ensure compliance with the terms of this Consent Decree and may: (a) conduct inspections of any facility belonging to Defendants; (b) interview employees of Defendants; and (c) examine and copy relevant documents. 17. The terms of this Consent Decree shall be binding upon Plaintiff EEOC and Defendants, their agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein. 18. Each party shall bear its own costs, including attorneys' fees incurred in this action. The Clerk shall furnish a copy hereof to each attorney of record.
5

Case 7:06-cv-00121-RAJ Document 21

- - - - --------------------:-~---------.
Filed 05/02/2007 Page 6 of 8

SO ORDERED.

z" Signed this

day of-...L_ _-+-_

R BERTJUNELL UNITED STATES D

Dated: May 1, 2007
/s/ Denis Dennis DENIS DENNIS Texas State Bar No. 05655566
BUSH, KELLY, MORGAN, DENNIS, CORZINE & HANSON, P.C.
P.O. Box 1311 Odessa, Texas 79760-1311
Telephone: (432) 367-7271 Facsimile: (432) 363-9121 ATTORNEYS FOR DEFENDANT

Respectfully submitted,
/s/ Robert Canino ROBERT CANINO Regional Attorney Oklahoma State Bar No. 011782
TOBY W. COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720
/s/ Leticia Dominguez LETICIA DOMINGUEZ Trial Attorney Texas State Bar No. 00795741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EL PASO AREA OFFICE
300 E. Main, Suite 500 E1 Paso, TX 79901
Telephone: (915) 534-6676 Facsimile: (915) 534-6701
ATTORNEYS FOR PLAINTIFF EEOC

6

Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 7 of 8
EXHIBIT A
7

Case 7:06-cv-00121-RAJ Document 21 Filed 05/02/2007 Page 8 of 8
NOTICE TO ALL EMPLOYEES Your employer is firmly committed to treating employees according to merit, without rt'lgard to their race, religion, color, national origin, sex, age, disability, or their having engaged in activity protected by Title VII of the Civil Rights Act of 1964. This policy applies to all employment decisions, and all other terms and conditions of employment. Your employer will specifically not tolerate employees being subjected to sexual harassment and/or a sexually hostile work environment. Nor will your employer retaliate, in any way, against any employee who refuses to give in to a co-worker or supervisor's sexual advances and/or who complains that they are being subjected to sexual harassment and/or to a sexually hostile work environment. If you believe you are being discriminated against in any term or condition of your employment because of your race, religion, color, sex, age, disability or national origin, including being sexually harassed and/or subjected to a sexually hostile work environment, or if you believe that you are being retaliated against for refusing to give in to sexual advances from a co-worker or a supervisor and/or for complaining about being sexually harassed or subjected to a sexually hostile work environment, you are encouraged to seek assistance from supervisory personnel or from the United States Equal Employment Opportunity Commission, which is also known as the EEOC. The closest EEOC office is located at 300 E. Main, suite 500, EI Paso, Texas, 79901. You may also reach the EEOC through the following 800 number: 1-800-6694000. No retaliatory action may be taken against you for seeking assistance from, filing a charge with, or communicating with the EEOC. The EEOC enforces Title VII 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, which prohibits employment discrimination against people, because they are forty years old, or older, the Equal Pay Act, sections of the Civil Rights Act of 1991, and the Americans with Disabilities Act, which prohibits discrimination against people with disabilities in the workplace.
8

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

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U.S. District Court [LIVE] Western District of Texas (Midland) CIVIL DOCKET FOR CASE #: 7:06-cv-00121-RAJ

CLOSED

Equal Employment Opportunity Commission v. Loop 20 Texas, Inc. et al Assigned to: Judge Robert A. Junell Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2006 Date Terminated: 02/20/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Leticia Dominguez Equal Employment Opportunity Commission 300 E. Main Suite 500 El Paso, TX 79901 (915) 534-6676 Fax: 915/534-6701 Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Toby W. Costas U.S. Equal Employment Opportunity Commission 207 S. Houston Street 3rd Floor Dallas, TX 75202 (214) 253-2760 Fax: (214) 253-2749 Email: toby.costas@eeoc.gov

1 of 4

3/4/2008 5:07 PM

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V. Defendant Loop 20 Texas, Inc.
Defendant Cheema, Inc.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Denis Dennis Rush, Kelly, Morgan, Dennis, Corzine & Hansen P.O. Box 1311 Odessa, TX 79760 (432) 367-7271 Fax: 432/363-9121 Email: ddennis@rkmfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Denis Dennis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2006 09/29/2006 10/30/2006 11/01/2006 11/01/2006
12/06/2006 12/06/2006 12/06/2006

# Docket Text
1 COMPLAINT , filed by Equal Employment Opportunity Commission.(vt, ) (Entered: 09/29/2006)
2 Letter/Correspondence to Toby W. Costas regarding Pro Hac Vice Motion. (vt, ) (Entered: 09/29/2006)
3 MOTION to Appear Pro Hac Vice by Toby W. Costas by on behalf of Equal Employment Opportunity Commission. (vt, ) (Entered: 10/30/2006)
4 ORDER granting 3 Motion to Appear Pro Hac Vice (Please submit $25.00 fee) Signed by Judge Robert A. Junell. (vt, ) (Entered: 11/01/2006)
5 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission as to Loop 20 Texas, Inc.. Waiver sent on 10/26/2006, answer due 12/25/2006; Cheema, Inc.. Waiver sent on 10/26/2006, answer due 12/25/2006. (vt, ) (Entered: 11/01/2006)
6 MOTION to Dismiss by Loop 20 Texas, Inc.. (Attachments: # 1)(Dennis, Denis) (Entered: 12/06/2006)
7 DEFICIENCY NOTICE: to Denis Dennis re 6 MOTION to Dismiss ; certificate of service is not accurate (sm, ) (Entered: 12/06/2006)
8 CERTIFICATE OF SERVICE by Loop 20 Texas, Inc., Cheema, Inc. 6 MOTION to Dismiss (Dennis, Denis) (Entered: 12/06/2006)

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12/06/2006 12/07/2006 12/13/2006
12/15/2006 12/18/2006 02/05/2007 02/15/2007 02/20/2007
03/22/2007 03/23/2007 05/01/2007 05/02/2007 05/02/2007

9 ANSWER to Complaint by Loop 20 Texas, Inc., Cheema, Inc..(vt, ) (Entered: 12/06/2006)
10 ANSWER to Complaint by Loop 20 Texas, Inc., Cheema, Inc..(vt, ) (Entered: 12/07/2006)
11 SCHEDULING ORDER ADR Report Deadline due by 6/1/2007. Discovery due by 5/11/2007. Motions due by 5/25/2007. Jury Selection set for 8/6/2007 08:30AM before Honorable Robert A. Junell. Jury Trial set for 8/6/2007 08:30 AM before Honorable Robert A. Junell. Pretrial Conference set for 7/9/2007 05:00 PM before Honorable Robert A. Junell.. Signed by Judge Robert A. Junell. (vt, ) Modified on 12/13/2006 by vt to show that this is a scheduling order) (Entered: 12/13/2006)
12 Response in Opposition to Motion re 6 MOTION to Dismiss, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix part one# 2 Appendix part 2# 3 Proposed Order)(Dominguez, Leticia) (Entered: 12/15/2006)
13 SUPPLEMENT by Loop 20 Texas, Inc., Cheema, Inc.. (Attachments: # 1 Supplement Supplement to Motion to Dismiss)(Dennis, Denis) (Entered: 12/18/2006)
14 ORDER denying 6 Motion to Dismiss Signed by Judge Robert A. Junell. (vt, ) (Entered: 02/05/2007)
15 NOTICE of Settlement Pending by Equal Employment Opportunity Commission (Dominguez, Leticia) (Entered: 02/15/2007)
16 ORDER ADMINISTRATIVELY CLOSING CASE WITHOUT PREJUDICE. PARTIES TO FILE PAPERS NECESSARY TO DISMISS THIS ACTION ON OR BEFORE 30 DAYS FROM THE DATE OF THIS ORDER. Signed by Judge Robert A. Junell. (vt, ) (Entered: 02/20/2007)
17 Joint MOTION for Extension of Time to File Closing Documents by Equal Employment Opportunity Commission. (Attachments: # 1)(Dominguez, Leticia) (Entered: 03/22/2007)
18 ORDER granting 17 Motion for Extension of Time to File Signed by Judge Robert A. Junell. (vt, ) (Entered: 03/23/2007)
19 Joint MOTION for Leave to File Consent Decree Out of Time by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Consent Decree)(Dominguez, Leticia) (Entered: 05/01/2007)
20 ORDER granting 19 Motion for Leave to File Consent Decree out of Time Signed by Judge Robert A. Junell. (vt, ) (Entered: 05/02/2007)
21 Consent Decree. Signed by Judge Robert A. Junell. (vt, ) (Entered: 05/02/2007)

PACER Service Center
Transaction Receipt
03/04/2008 17:07:23

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Docket Report

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7:06-cv-00121-RAJ 0.16

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