IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

BELLAIR CLEANERS, INC.

§

d/b/a PARK AVENUE CLEANERS,

§

d/b/a BELLAIR CLEANERS,

§

d/b/a YOUR VALET

§

§

Defendant.

§

B-06~3004
CIVIL ACTION NO. _ _ _ _ __
JURY TRIAL DEMANDED
UNITED STA1ES CCURTR SOUTHERN D1STRICT Of TEXAS
FtlED SEP 2 5 2006

ORIGINAL COMPLAINT 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, by Title I of the Civil Rights Act of 1991, to correct unlawful employment discrimination on the basis of sex and to provide appropriate relief to Maria Ruiz and a class of female employees who were adversely affected by Defendant Bellair Cleaners, Inc. d/b/a Park Avenue Cleaners, Bellair Cleaners and Your Valet's ("Defendant") unlawful practices. The Defendant unlawfully denied female employees equal employment opportunities by subjecting them to sexual harassment in violation of Title VII. While employed by Defendant, Maria Ruiz and other female employees were subjected to unwelcome comments, touching and propositions of a sexual nature. After complaining about the sexual harassment, Maria Ruiz was constructively discharged by Defendant.

JURISDICTION AND VENUE 2. Pursuantt028 U.S.C. §§451, 1331, 1337, 1343and 1345, the United States District Court has jurisdiction over the subject matter of this civil action. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII ofthe Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"), and Section 102 of the Civil Rights Act of 1991,42 U.S.C. § 1981a. 3. The unlawful employment practices alleged in this complaint were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES 4. Plaintiff the Equal Employment Opportunity Commission ("EEOC" or "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. § 2000(e)-5(f)(1) and
(3). 5. Defendant, Bellair Cleaners, Inc. d/b/a Park Avenue Cleaners, Bellair
Cleaners and YourValet, is a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. Defendant may be served by serving its registered agent for service of process, Munira N. Ali, 12327 S. Main Street, Houston, Texas 77035.
6. 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
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VII, 42 U.S.C. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Maria Ruiz filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of a timely charge of employment discrimination, and an attempt to conciliate the matter. 8. Since at least February 2005, Defendant engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1), at its Houston locations. 9. Since at least February 2005, Defendant's owner and manager Nazir Ali subjected Maria Ruiz and a class of female employees to unwelcome sexual comments, touching and propositions of a sexual nature and disparate terms, conditions and privileges of employment because of their sex, female. 10. The conduct included, inter alia, Ali making sexually charged comments to female employees, touching female employees' breasts and buttocks, and asking them for sex. Ali repeatedly propositioned Maria Ruiz for sex, sometimes offering her money in exchange for sex, and on at least one occasion he rubbed his groin in front of her. 11. Maria Ruiz and the class offemale employees resisted Ali's sexual advances and complained about his inappropriate conduct to members of management to no avail. 12. After Maria Ruiz complained about Ali's behavior to his wife and co-owner Munira N. Ali, Ali's sexual misconduct continued unabated and Defendant constructively discharged Maria Ruiz in May 2005. Ali's continued sexual harassment of other female employees may also have resulted in their constructive discharge.
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13. The females employees were subjected to a series of separate, harassing acts that collectively constituted an unlawful employment practice.
14. The effect of the practices complained of in the preceding paragraphs has been to deprive Maria Ruiz and the class of female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
15. The unlawful employment practices of which the Commission complains in the preceding paragraphs were intentional.
16. The unlawful employment practices complained of in the preceding paragraphs were and are done with malice or reckless indifference to the federally protected rights of Maria Ruiz and the class of female employees.
PRAYER FOR RELIEF 17. Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex; B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for applicants and employees regardless of their sex, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant to make whole Maria Ruiz and the class of female employees by providing appropriate back pay with prejudgment interest, in
-4-

amounts to be proved at trial, and other affirmative relief necessary to

eradicate the effects of unlawful employment practices, including but not

limited to reinstatement, or, in the alternative, to provide front pay.

D. Order Defendant to make whole Maria Ruiz and the class of female

employees by providing compensation for past and future pecuniary losses

resulting from the unlawful employment practices described in the preceding

paragraphs.

E. Order Defendant to make whole Maria Ruiz and the class of female

employees by providing compensation for past and future non-pecuniary

losses resulting from the unlawful employment practices described in the

preceding paragraphs, including emotional pain, inconvenience, and

humiliation, in amounts to be determined at trial.

F. Order Defendant to pay Maria Ruiz and the class of female employees

punitive damages for its malicious and reckless conduct, as described

above, in amounts to be determined at trial.

G. Award post-judgment on all amounts recorded.

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

public interest.

I.

Award the Commission its costs in this action.

JURY TRIAL DEMAND

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

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Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
1801 L. Street, N.W.
Washin ton, .C.20507
Senior Trial Attorney-in- arge Texas Bar No.: 02717500 Southern District No.: 10145 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3399 Fax: (713) 209-3402 Email: kathy.boutchee@eeoc.gov
OF COUNSEL:
Jim Sacher Regional Attorney
Rose Adewale-Mendes Supervisory Trial Attorney
Equal Employment Opportunity Commission 1919 Smith Street, 7th Floor Houston , Texas 777002
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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§

v.

§

§

BELLAIR CLEANERS, INC.; DENVILLE §

BUSINESS INC.; HEAVEN STAR

§

ENTERPRISES, L.L.C.; HEAVEN STAR §

ENTERPRISES I, L.P.; ANNA NAAZ, INC. §

Defendants.

§

CIVIL ACTION NO. 4:06-cv-3004 JURY TRIAL DEMANDED

FIRST AMENDED ORIGINAL COMPLAINT 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, by Title I of the Civil Rights Act of 1991, to correct unlawful employment discrimination on the basis of sex and to provide appropriate relief to Maria Ruiz and a class of female employees who were adversely affected by Defendants Bellair Cleaners, Inc. Denville Business, Inc, Heaven Star Enterprises, LLC; Heaven Star Enterprises I, LP, and Anna Naaz, Inc. (“Defendants”) unlawful practices. The Defendants unlawfully denied female employees equal employment opportunities by subjecting them to sexual harassment in violation of Title VII. While employed by Defendants, Maria Ruiz and other female employees were subjected to unwelcome comments, touching and propositions of a sexual nature. Maria Ruiz timely reported the sexual harassment but nothing was done to stop the harassment forcing her to resign her employment.

JURISDICTION AND VENUE 2. Pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345, the United States District Court has jurisdiction over the subject matter of this civil action. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 3. The unlawful employment practices alleged in this complaint were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division. Venue is appropriate in this court.
PARTIES 4. Plaintiff the Equal Employment Opportunity Commission (“EEOC” or “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. § 2000(e)-5(f)(1) and (3). 5. Defendant, Bellair Cleaners, Inc., is a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. Defendant has been served with process though its registered agent for service of process, Munira N. Ali, 12327 S. Main Street, Houston, Texas 77035. 6. Defendant Denville Business, Inc. is a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. Defendant may be served by serving its registered agent for service of
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process, Munira N. Ali, 12327 S. Main Street, Houston, Texas, 77035. 7. Defendant Heaven Star Enterprises, LLC is a limited liability company doing
business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. Defendant may be served by serving its registered agent for service of process, Nizar R. Ali, 4038 S. Braeswood, Houston, Texas 77025.
8. Heaven Star Enterprises I, LP. is a limited partnership doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. Defendant may be served by serving its registered agent for service of process, Nizar R. Ali, 4038 S. Braeswood, Houston, Texas 77025.
9. Anna Naaz, Inc. is a corporation doing business in the State of Texas and the City of Houston, and has continuously had at least fifteen (15) employees. Defendant may be served by serving its registered agent for service of process, Nizar R. Ali, 5615 Richmond Ave., Suite 230, Houston, Texas 77057.
10. At all relevant times, Defendants have 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. § 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 11. More than thirty days prior to the institution of this lawsuit, Maria Ruiz filed a charge with the Commission alleging violations of Title VII by Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled, including the filing of a timely charge of employment discrimination, and an attempt to conciliate the matter. 12. Since at least February 2005, Defendants engaged in unlawful employment practices in violation of Section 703(a)(1) of title VII, 42 U.S.C. § 2000e-2(a)(1), at its
-3-

Houston locations. 13. Defendants operate several dry cleaners in the greater Houston metropolitan
area. Since at least February 2005, Defendants’ owner and manager Nazir Ali subjected Maria Ruiz and a class of female employees to unwelcome sexual comments, touching and propositions of a sexual nature and disparate terms, conditions and privileges of employment because of their sex, female.
14. The conduct included, inter alia, Ali making sexually charged comments to female employees, touching female employees’ breasts and buttocks, and asking them for sex. Ali repeatedly propositioned Maria Ruiz for sex, sometimes offering her money in exchange for sex, and on at least one occasion, he rubbed his groin in front of her.
15. Maria Ruiz and the class of female employees resisted Ali’s sexual advances and complained about his inappropriate conduct to members of management to no avail.
16. Although Maria Ruiz complained about Ali’s behavior to his wife and coowner Munira N. Ali, Ali’s sexual misconduct continued unabated causing Ruiz and other female employees to resign their employment.
17. The females employees were subjected to a series of separate, harassing acts that collectively constituted an unlawful employment practice.
18. The effect of the practices complained of in the preceding paragraphs has been to deprive Maria Ruiz and the class of female employees of equal employment opportunities and otherwise adversely affect their status as employees because of their sex, female.
19. The unlawful employment practices of which the Commission complains in the preceding paragraphs were intentional.
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20. The unlawful employment practices complained of in the preceding paragraphs were and are done with malice or reckless indifference to the federally protected rights of Maria Ruiz and the class of female employees.
PRAYER FOR RELIEF 21. Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendants, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which discriminates on the basis of sex; B. Order Defendants to institute and carry out policies, practices, and programs which provide equal employment opportunities for applicants and employees regardless of their sex, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendants to make whole Maria Ruiz and the class of female employees by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in the preceding paragraphs, including emotional pain, inconvenience, and humiliation, in amounts to be determined at trial. D. Order Defendants to pay whole Maria Ruiz and the class of female employees punitive damages for its malicious and reckless conduct, as described above, in amounts to be determined at trial.
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E. Grant such further relief as the Court deems necessary and proper in the
public interest.
F. Award the Commission its costs in this action.
JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted,
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RONALD S. COOPER General Counsel
JAMES LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
By: /s/ Kathy D. Boutchee KATHY D. BOUTCHEE Senior Trial Attorney Attorney-in-Charge Texas Bar No.: 02717500 Southern District No.: 10145 EEOC 1919 Smith Street, 7th Floor Houston, Texas 77002-8049 (713) 209-3399 Fax: (713) 209-3402 Email: kathy.boutchee@eeoc.gov
-6-

 
 IN THE UNITED STATES DISTRICT COURT UnitedStatesC~~~
FOR THE SOUTHERN DISTRICT OF TEXA~utham 'fni~o a

HOUSTON DIVISION

fEB -1 2008

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
BELLAIR CLEANERS, INC., d/b/a PARK AVENUE CLEANERS, d/b/a BELLAIR CLEANERS, d/b/a YOUR VALET,
Defendants.

§~~kh8l:l' I'll. Milbv. Clork of Court
§ § § § § CIVIL ACTION NO. H-06-3004 § § § § § § §

QUESTION NO.1 Do you find from a preponderance of the evidence that Maria Ruiz was SUbjected to sexual harassment? Answer "yes" or "no": Go to Question No.2.

QUESTION NO.2 Do you find from a preponderance ofthe evidence that other female employees were subjected to sexual harassment? Answer "yes" or "no":

If you answered "yes" to Question No.1 and/or ''yes'' to Question No.2, then go to Question No.3. If you answered "no" to both questions, then do not answer the remaining questions.

QUESTION NO.3 Do you find from a preponderance ofthe evidence that Bellair Cleaners, Inc., Bellair Cleaners, Denville Business, Inc., Deville Cleaners, Park Avenue Cleaners, Heaven Star Enterprises, L.L.C., Heaven Star Enterprises I, L.P., and Anna Naaz, Inc. were an integrated enterprise co-owned and operated by Nazir Ali? Answer "yes" or "no": Go to Question NO.4.

QUESTION NO.4

What amount of damages, if any, do you find from a preponderance of the evidence

should be awarded to Maria Ruiz for her mental anguish, humiliation, loss of self-esteem,

loss of enjoyment of life, and inconvenience? Answer in dollars and cents, if any. Go to Question No.5.

(10
$_3_,_°---1,1_°_'_0_0_'·---_

P:ICASESI2006106-30Q4lquestions.4. wpd

2

---_._----_._---

QUESTION NO.5

Do you find from a preponderance ofthe evidence that the sexual harassment ofMaria

Ruiz was done with malice or with reckless indifference to her federally protected rights?
YE:S Answer "yes" or "no":

If you answered ''yes'' to Question No.5, answer Question No.6. Otherwise, go to

Question No.7.

QUESTION NO.6

What amount of punitive damages, if any, do you find from a preponderance of the

evidence should be awarded to Maria Ruiz as a result of the sexual harassment?

Answer in dollars and cents, if any:

"7 $_ _C7+-1;_00_0_0'_ 0-- _

Answer Question No.7 only if you have answered "yes" to Question No.2.

QUESTION NO.7 Do you find from a preponderance ofthe evidence that the sexual harassment ofother female employees was done with malice or with reckless indifference to their federally protected rights? Answer "yes" or "no":

P:ICASESI2006106-3004Iquestions,4,wpd

3

----'"------'

If you answered "yes" to Question No.7, then answer Question No.8.

QUESTION NO.8

What amount of punitive damages, if any, do you find from a preponderance of the

evidence should be awarded to other female employees as a result of the sexual harassment?

Answer in dollars and cents, if any.

$---j-I~0~-7-0-0---0-0--~-)--­

Original Signature on File

fURY FOREPERSON

ATE

P:\CASEs\2006\06-3004\questions.4.wpd

4

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
BELLAIR CLEANERS, INC.; DENVILLE BUSINESS INC.; HEAVEN STAR ENTERPRISES, L.l.C.; HEAVEN STAR ENTERPRISES I, L.P.; ANNA NAAZ, INC.
Defendants.

§ § § § § § CIVIL ACTION NO. 4:06-cv-3004 § § § § §

ORDER GRANTING INJUNCTIVE RELIEF On this day came to be considered the Equal Employment Opportunity Commission's Motion for Entry of Injunctive Relief. The Court finds the Motion is meritorious and should be granted. IT IS, THEREFORE, ORDERED ADJUDGED AND DECREED that a copy of the Judgment entered in this litigation as well as a Spanish language translation of it shall be posted on bulletin boards accessible to employees in each of Bellair Cleaners, Inc.'s laundry facilities for three (3) years from the date of entry of the Judgment. The EEOC will provide the Spanish language translation of the Judgment. IT IS FURTHER ORDERED that the entities comprising the integrated enterprise with Bellair Cleaners, Inc. as determined by the jury, are enjoined from engaging in any employment practice which discriminates on the basis of sex, including, but not limited to, any act of sexual harassment. IT IS FURTHER ORDERED that the entities comprising the integrated enterprise with Bellair Cleaners, Inc. as determined by the jury, are directed to institute and carry out policies, practices, and programs which provide equal employment opportunities for

applicants and employees regardless of their sex, and which eradicate the effects of the unlawful employment practices as determined by the jury.
IT IS FURTHER ORDERED that Bellair Cleaners, Inc., shall post the EEOC Notices, attached as Exhibit A, in English and Spanish on bulletin boards accessible to its employees in each of its facilities.
IT IS FURTHER ORDERED that the EEOC Notices, attached as Exhibit A shall be posted by Defendant within two weeks of the Judgment in this matter becoming final.
IT IS FURTHER ORDERED that no more than four times annually, the EEOC may inspect Defendants' facilities on four hours notice to determine whether or not that Defendant has kept the referenced EEOC Notices posted.
IT IS FURTHER ORDERED that to facilitate notice of the EEOC's intent to visit Defendant's facilities, Defendant's co-owner, Nazir Ali, with a week after the Judgment becomes final, shall provide the EEOC with the current names and addresses of each of its facilities and the names and telephone numbers of at least two company representatives. Unless other arrangements are mutually agreeable to the parties, notice to Defendant shall be satisfied if an EEOC representative calls the designated telephone number and announces its intent to visit the facility at a designated time during business hours at least four hours after the telephone call is placed.

,J.q re b O-'4j= SIGNED and ENTERED on the

/'l day of

nl

,2008.

~~~~£) -

Lee H. Rosenthal United States District Judge

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 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
BELLAIR CLEANERS, INC.; DENVILLE BUSINESS INC.; HEAVEN STAR ENTERPRISES, L.l.C.; HEAVEN STAR ENTERPRISES I, L.P.; ANNA NAAZ, INC.
Defendants.

§ § § § § § CIVIL ACTION NO. 4:06-cv-3004 § § § § §

JUDGMENT

A jury trial having been conducted in the captioned matter from February 5, 2008,

through February 7,2008; and the jury having returned a verdict on February 7, 2008, in

favor of Plaintiff, Equal Employment Opportunity Commission ("EEOC"). In accordance

with the verdict of the jury and the Court's ruling as a matter of law:

IT IS ORDERED, DECREED, AND ADJUDGED as follows:

1. Bellair Cleaners, Inc., Bellair Cleaners, Denville Business, Inc., Deville

Cleaners, Park Avenue Cleaners, Heaven Star Enterprises, L.L.C .. , Heaven Star

Enterprisesl, L.P., and Anna Naaz, Inc. are an integrated enterprise.

2. Bellair Cleaners, Inc. is an employer having fifteen or more employees in

2005 pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (b).

3. Bellair Cleaners, Inc, is liable for the sexual harassment experienced by

Maria Ruiz during her employment in violation of Title VII of the Civil Rights Act of 1964,

42 U.S.C. § 2000e-2.

4. Bellair Cleaners, Inc. is liable for sexual harassment experienced by its other

female employees in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §

2000e-2.

5. The jury awarded $30,000 in compensatory damages to Maria Ruiz. 6. The jury awarded $75,000 in punitive damages to Maria Ruiz. 7. The jury's total award of compensatory and punitive damages to Maria Ruiz in the amount of $1 05,000 is subject to the applicable statutory limit set forth in Title VII, as incorporated from the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and is therefore reduced to $50,000. 8. Therefore, Maria Ruiz shall recover the total sum of $50,000 in damages. 9. The jury awarded $5,000 in punitive damages on behalf of other females employed of Bellair Cleaners, Inc. 10. Therefore, judgment is entered against Bellair Cleaners, Inc, in favor of the Equal Employment Opportunity Commission in the total amount of $55,000, with interest to accrue at the rate of _ _ _ _% per annum from this day forward until paid. 11. The Court will retain jurisdiction to consider what equitable relief, if any, should be granted. 12. Bellair Cleaners, Inc. shall pay the EEOC its reasonable costs incurred in the prosecution of this matter, as determined by the Clerk of the Court. This is a FINAL JUDGMENT.

f/~c Yl

,. 1_

SIGNED and ENTERED on the d

day of r{ VJT£,1Cl../'U.p , 2008.

~#-;;a) United States District Judge

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 5/31/2017

DC CM/ECF LIVE- US District Court-Texas Southern
U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:06-cv-03004

CLOSED

Equal Employment Opportunity Commission v. Bellair Cleaners Inc Assigned to: Judge Lee H Rosenthal Cause: 42:1981 Sex Discrimination

Date Filed: 09/25/2006 Date Terminated: 02/29/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kathy D Boutchee EEOC 1201 Louisiana Street 6th Floor Houston, TX 77002 713-651-4913 Fax: 713-651-7995 Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy M Bowne EEOC 1919 Smith 7th Fl Houston, TX 77002 713-209-3395 Fax: 713-209-3402 Email: timothy.bowne@eeoc.gov ATTORNEY TO BE NOTICED

V.
Defendant
Bellair Cleaners Inc doing business as Park Avenue Cleaners doing business as Bellair Cleaners doing business as Your Valet

represented by William F Harmeyer W F Harmeyer & Associates 7322 SW Fwy Ste 475 Houston, TX 77074 713-270-5552 Fax: 713-270-7128 Email: wharmeyer@harmeyerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Denville Business Inc

Defendant

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?56987750749139-L_1_0-1

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5/3D1/e20f1e7ndant Heaven Star Enterprises LLC
Defendant Heaven Star Enterprises I, LP
Defendant Anna Naaz Inc

DC CM/ECF LIVE- US District Court-Texas Southern

Date Filed # Docket Text

09/25/2006

1 COMPLAINT against Bellair Cleaners Inc ﬁled by Equal Employment Opportunity Commission.(rwestmoreland, ) Additional attachment(s) added on 9/25/2006 (mmapps, ). (Entered: 09/25/2006)

09/25/2006

Summons Issued as to Bellair Cleaners Inc , ﬁled.(rwestmoreland, ) (Entered: 09/25/2006)

09/25/2006

2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/26/2007 at 08:45 AM in Courtroom 11B before Judge Lee H Rosenthal. ( Signed by Judge Lee H Rosenthal ) Parties notiﬁed. (mmapps, ) (Entered: 09/25/2006)

10/11/2006

3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, ﬁled.(Boutchee, Kathy) (Entered: 10/11/2006)

11/07/2006

4 ANSWER to Complaint with Jury Demand by Bellair Cleaners Inc, ﬁled.(sbyrum, ) (Entered: 11/09/2006)

01/12/2007

5 Joint JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, ﬁled.(Boutchee, Kathy) (Entered: 01/12/2007)

01/24/2007

6 ORDER entered Cancelling initial pretrial and scheduling conference set for 1/26/07. Docket control order to be entered.( Signed by Judge Lee H Rosenthal ) Parties notiﬁed. (leddins, ) (Entered: 01/24/2007)

01/24/2007

7 SCHEDULING ORDER entered: Joinder of Parties due by 6/8/2007; Pltf Expert Witness List due by 7/16/2007; Pltf Expert Report due by 7/16/2007; Deft Expert Witness List due by 8/17/2007; Deft Expert Report due by 8/17/2007; Discovery due by 10/26/2007; Mediation due by 9/7/2007; Dispositive Motion Filing due by 11/16/2007; NonDispositive Motion Filing due by 1/18/2008; Docket Call set for 1/25/2008 at 02:00 PM in Courtroom 11B before Judge Lee H Rosenthal.( Signed by Judge Lee H Rosenthal ) Parties notiﬁed.(leddins, ) (Entered: 01/24/2007)

02/07/2007

8 CERTIFICATE OF INTERESTED PARTIES, ﬁled.(Harmeyer, William) (Entered: 02/07/2007)

06/08/2007

9 Opposed MOTION to Amend by Equal Employment Opportunity Commission, ﬁled. Motion Docket Date 6/28/2007. (Attachments: # 1 Complaint First Amended Original Complaint# 2 Proposed Order)(Boutchee, Kathy) (Entered: 06/08/2007)

07/19/2007 10 ORDER granting 9 Motion to Amend.( Signed by Judge Lee H Rosenthal ) Parties notiﬁed.(ypippin, ) (Entered: 07/23/2007)

07/19/2007

11 AMENDED complaint with Jury Demand against Denville Business Inc, Heaven Star Enterprises LLC, Heaven Star Enterprises I LP, Anna Naaz Inc, Bellair Cleaners Inc ﬁled by Equal Employment Opportunity Commission.(ypippin, ) (Entered: 07/23/2007)

01/18/2008 12 Joint Proposed Pretrial Order by Equal Employment Opportunity Commission, ﬁled.

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?56987750749139-L_1_0-1

2/5

5/31/2017
01/18/2008 01/22/2008 01/24/2008 01/24/2008 01/27/2008 01/28/2008 01/28/2008
01/31/2008 01/31/2008 02/01/2008 02/01/2008 02/01/2008 02/04/2008 02/04/2008 02/04/2008 02/04/2008

DC CM/ECF LIVE- US District Court-Texas Southern
(Attachments: # 1 Exhibit Plaintiff's Proposed Voir Dire Questions# 2 Exhibit Plaintiff's Exhibit List# 3 Exhibit Plaintiff's Witness List# 4 Exhibit Plaintiff's Mmorandum of Law# 5 Exhibit Parties Proposed Jury Charge# 6 Exhibit Defendant's Proposed Voir Dire Questions# 7 Exhibit Defendant's Exhibit List# 8 Exhibit Defendant's Witness List) (Boutchee, Kathy) (Entered: 01/18/2008)
13 MOTION in Limine by Equal Employment Opportunity Commission, ﬁled. Motion Docket Date 2/7/2008. (Attachments: # 1 Proposed Order Order on Plaintiff''s Motion in Limine)(Boutchee, Kathy) (Entered: 01/18/2008)
14 NOTICE of Resetting. Parties notiﬁed.Docket Call reset for 1/28/2008 at 10:00 AM in Courtroom 11B before Judge Lee H Rosenthal, ﬁled. (leddins, ) (Entered: 01/22/2008)
15 Opposed EXHIBITS re: 12 Proposed Pretrial Order, by Equal Employment Opportunity Commission Related document: 12 Proposed Pretrial Order,, ﬁled. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 01/24/2008)
16 TRIAL BRIEF on Jurisdiction by Equal Employment Opportunity Commission, ﬁled. (Boutchee, Kathy) (Entered: 01/24/2008)
17 NOTICE OF BANKRUPTCY by Bellair Cleaners Inc, ﬁled. (Harmeyer, William) (Entered: 01/27/2008)
18 RESPONSE to 17 Notice (Other) of Bankruptcy, ﬁled by Equal Employment Opportunity Commission. (Bowne, Timothy) (Entered: 01/28/2008)
19 Minute entry for docket call held before Judge Lee H. Rosenthal on 1/28/2008Trial is scheduled to begin on 2/4/2008 at 1:30 p.m. The court granted the motions in limine as stated in the record. The EEOC's exhibits 7 through 20 and 22 are admitted into evidence. The defendants withdrew the only exhibit offered. Appearances: Kathy Boutchee/Timothy Bowne for Pltf. EEOC and William Harmeyer for Defts.(Court Reporter: Ed Reed), ﬁled. (leddins, ) (Entered: 01/28/2008)
20 NOTICE of Resetting. Parties notiﬁed.Jury Trial reset for 2/5/2007 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal, ﬁled. (leddins, ) (Entered: 01/31/2008)
21 NOTICE of Resetting as to 20 Notice of Resetting. Parties notiﬁed.Jury Trial reset for 2/5/2008 at 08:30 AM in Courtroom 11B before Judge Lee H Rosenthal, ﬁled. (leddins, ) (Entered: 01/31/2008)
22 NOTICE Amended Notice of Bankruptcy re: 17 Notice (Other) by Bellair Cleaners Inc, ﬁled. (Attachments: # 1)(Harmeyer, William) (Entered: 02/01/2008)
23 MOTION for William F. Harmeyer to Withdraw as Attorney by Bellair Cleaners Inc, ﬁled. Motion Docket Date 2/21/2008. (Harmeyer, William) (Entered: 02/01/2008)
24 NOTICE OR ORAL HEARING re: 23 MOTION for William F. Harmeyer to Withdraw as Attorney by Bellair Cleaners Inc, ﬁled. (Harmeyer, William) (Entered: 02/01/2008)
25 RESPONSE to 22 Notice (Other) Amended Notice of Bankruptcy, ﬁled by Equal Employment Opportunity Commission. (Bowne, Timothy) (Entered: 02/04/2008)
26 RESPONSE in Opposition to 23 MOTION for William F. Harmeyer to Withdraw as Attorney, ﬁled by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Bowne, Timothy) (Entered: 02/04/2008)
27 RETURN of Service Executed as to Nizar Ali on 2/1/08 re: Subpoena, ﬁled.(dpower, ) (Entered: 02/05/2008)
28 RETURN of Service Executed as to Parrish Payne on 1/31/08 re: Subpoena, ﬁled.(dpower,

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) (Entered: 02/05/2008)
29 RETURN of Service Executed as to Maria Rossana Ruiz on 1/31/08 re: Subpoena, ﬁled. (smurdock, ) (Entered: 02/05/2008)
30 RETURN of Service Executed as to Munita Ali on 2/4/08 re: Subpoena, ﬁled.(smurdock, ) (Entered: 02/05/2008)
31 RETURN of Service Executed as to Antonio Reyes on 2/2/08 re: 2/4/08, ﬁled.(dpower, ) (Entered: 02/05/2008)
32 Minute Entry for proceedings held before Judge Lee H Rosenthal. Day 1 of Jury trial held on 2/5/2008. Jury selected and sworn. Court adjourned until 9:00 a.m. on 2/6/08. Appearances: Kathy Boutchee/Timothy Bowne for Pltf. and William Harmeyer for Defts. (Court Reporter: K. Metzger), ﬁled.(leddins, ) (Entered: 02/06/2008)
33 Minute Entry for proceedings held before Judge Lee H Rosenthal. Second day of JURY TRIAL held on 2/6/2008. Opening statements heard. Plfts. case begins. Witness testimony taken. Exhibits admitted as stated on the record. Pltfs. rest. Defts. case begins. Defts. rests. Court is adjourned until 2/7/08, at 9:00 a.m. when closing arguments will be presented.Witnesses: Munira Ali, Maria Rosanna Ruiz, Nizar Ali and Parrish Payne. Appearances: Kathy Boutchee/Timothy Bowne for Pltf. and William Harmeyer for Defts. (Court Reporter: K. Metzger), ﬁled.(leddins, ) (Entered: 02/07/2008)
34 ORDER entered for the Clerk's ofﬁce to enter the attached jury instructions as part of the record. ( Signed by Judge Lee H Rosenthal ) (Attachments: # 1 jury iinstructions) Parties notiﬁed.(leddins, ) (Entered: 02/07/2008)
35 Minute Entry for proceedings held before Judge Lee H Rosenthal. THIRD day of JURY TRIAL held on 2/7/2008. Closing arguments presented. Exhibits certiﬁed. Case presented to the jury and deliberations begin. Jury note 1 received and answered. Verdict returned in favor of the Pltf. Trial ends. Appearances: Kathy Boutchee/Timothy Bowne for Pltf. and William Harmeyer for Defts.(Court Reporter: K. Metzger), ﬁled.(leddins, ) (Entered: 02/07/2008)
36 Proposed Deﬁnitions on Jury Instructions Regarding Punitive Damages by Bellair Cleaners Inc, ﬁled.(sbyrum, ) (Entered: 02/08/2008)
38 Certiﬁcation of Trial Exhibits by Equal Employment Opportunity Commission, Bellair Cleaners Inc, ﬁled.(rvazquez, ) (Entered: 02/08/2008)
39 Exhibit List by Equal Employment Opportunity Commission, ﬁled.(rvazquez, ) (Entered: 02/08/2008)
40 Exhibit List by Bellair Cleaners Inc, ﬁled.(rvazquez, ) (Entered: 02/08/2008)
41 Jury Note No. 1, ﬁled.(rvazquez, ) Additional attachment(s) added on 2/8/2008 (rvazquez, ). (Entered: 02/08/2008)
42 Jury Note No. 2, ﬁled.(rvazquez, ) Additional attachment(s) added on 2/8/2008 (rvazquez, ). (Entered: 02/08/2008)
43 JURY VERDICT, ﬁled.(rvazquez, ) Additional attachment(s) added on 2/8/2008 (rvazquez, ). (Entered: 02/08/2008)
44 Certiﬁcation of Withdrawal of Trial Exhibits by Equal Employment Opportunity Commission, ﬁled.(rvazquez, ) (Entered: 02/08/2008)
45 Certiﬁcation of Withdrawal of Trial Exhibits by Bellair Cleaners Inc, ﬁled.(rvazquez, ) (Entered: 02/08/2008)

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37 ORDER entered that the Clerk is hereby ordered to provide the lunch meal for the jury. This order is directed to the Financial Section for reimbursement to the Clerk providing the meal. ( Signed by Judge Lee H Rosenthal ) Parties notiﬁed.(leddins, ) (Entered: 02/08/2008)
46 TRANSCRIPT of Excerpt of Trial, Testimony of Munira N. Ali held on 2/6/08 before Judge Lee H Rosenthal. Court Reporter: K. Metzger. Transcript is available for viewing in the ofﬁce of the clerk, ﬁled. (kmetzger, ) (Entered: 02/27/2008)
47 TRANSCRIPT of Excerpt of Trial, Testimony of Nizar R. Ali held on 2/6/08 before Judge Lee H Rosenthal. Court Reporter: K. Metzger. Transcript is available for viewing in the ofﬁce of the clerk, ﬁled. (kmetzger, ) (Entered: 02/27/2008)
48 MOTION for Entry of Judgment Judgment by Equal Employment Opportunity Commission, ﬁled. Motion Docket Date 3/18/2008. (Attachments: # 1 Proposed Order) (Boutchee, Kathy) (Entered: 02/27/2008)
49 MOTION for Permanent Injunction by Equal Employment Opportunity Commission, ﬁled. Motion Docket Date 3/18/2008. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 02/27/2008)
50 ORDER granting Injunctive Relief 48 , 49 .( Signed by Judge Lee H Rosenthal ) Parties notiﬁed.(chorace) (Entered: 02/29/2008)
51 JUDGMENT. Case terminated on February 29, 2008.( Signed by Judge Lee H Rosenthal ) Parties notiﬁed.(chorace) (Entered: 02/29/2008)
52 BILL OF COSTS in total amount $530.00 by Equal Employment Opportunity Commission, ﬁled.(kosborne, ) (Entered: 03/05/2008)
53 Abstract of Judgment Issued, ﬁled.(mmapps, ) (Entered: 04/22/2010)

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