(R~ ·"'IS 44

?'/1)9}

e e CIVIL COVER SHEET

The JS-44 (31~; Icov~r sheet and the IIlfOrmatlon contained herell1 neither replace nor supplement the fill11g and service of pleadings or other papers as required
by laW", e'xcept as provided by local rules of court This form, approved by the Judicial Conference of the Ul1Ited States 111 September 1974, IS required for the use of the Clerk of Court for the pLII-pose of1l11tlatll1g the Civil docket sheet (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM)

PLAINTIFFS

DEFENDANTS

U S Equal Employment Opportunity Commission

(b) ('ounty of Residence or I:m,t Listed _...:.;D:.;.A"'L"'L""r;..:'\""S_ _ _ _ _ _ __ (EXCI:CPT IN II S PLAINTIFF CASU,)
(c) t\!torney's (Firm Name t\ddrcs<,. and Tcleplltlnc Number)
Ken I, Mallon. Senlol 1'1131 Attorney EEO( -Dallas Dlstnet OtflcC 207:-' f louston, J'" II(H)I Dalla" 'Iexas (214) 25'<-274_,

( ounty of Residence of First Listed Defendant --'D=A:,>L""L"'A=S_ _ _ _ _ _ __ (IN L S PlAINTIFF CASES ONLY)
'im I 1,\ LMm (O\JDEM\J'\TIOl'-J (A~I.~ I;SE niE 1.0CA110,," OF filE
I ,\" [) I 'J 1if'*"","E+=~::-::::-=__- - - - - - - .
A110rnc\', (I r Knowl I
SEP 292004

II. BASIS OF JURISDICTION (Place all' 'C Ill' )lIe ilo\ Unlv)

X IUS Government
Plal11tllf
o 2 U S Government
Defendant

o 3 I:ederal Quesllon
(lJ S Government Not a Party)

o 4

DiverSity (Indicate Citizenship of Parties 111 Item Ill)

III. CITIZENSHIP OF P

§1 ne Box for PI,lIn£111

(For DiverSity Cm,es Only)

L.;,=..;.,;..;..;..;=.:.:..:...:;;..:;;~:.:.:..,;ft;j.4;~;,;;:w Defendant)

Citizen of llllS State

PTF DEF
0 1 0]

PTF DEF
Incorporated or Principal Place 0 4 0

of Rusl11ess In ThiS State

o Citizen of Anotilel ~tatc 0 2 0 2 Incorporated and Prl11clpal Place 0 5
of Ruslness In Another State

o 3 03 Foreign Nation

o6 o

IV. NATURE OF SUIT
CO;-'TRACT

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

FORFEITlIRE/PENALTY

BANKRUPTCY

] J 10 Jnsuranu.;

PERSONAL IN.WRY

I'F:RSONAL INJURY 0

J~(l \1<-InIlC

,I() \lIpldTlC

C )()~ PCr'iOllJ[ Injury

0

Ull V1ll1el I, I

\ I) \lrplJlle Product

V1ed 'vlalpraellee 0

_J 140 ~eg:otldbk: Ino;;lfLllllent

I'db",!}

o 'J ISO Reeovel\ of Overpayment

,\2() ·\"ault. Libel &

0 3()) Personal IllJury-

Product Llabillty

0

n o "0 & enforcement of Judgment ISI Modlc"re '\e\

:--'Idlldcr

u~ ](IX Asbc~tos Personal

redelal Employers'

Injury Product

0 0

=.J J 5~ Rccm'en 01 Defaulted
Student Loan.;; (bel 'veterans)

j 1,1hll1t\,
o 1~{) \l,(llI1e o J-tS rvLmne Product

IJdhlllt~

0

I'FRSONAL PROPERTY

0 ,70 Other r raud

0

rJ 153 Recoverv oj Overpayment

Ilahlhty

0 "\ 71 I ruth 1I1 Lendll1g

ofVetcldll " Benefits

o 350 'vlotor Vehlele

0 -'Xli Other Personal

o 160 Stockholdel s SuitS
rJ 190 Other ( O(ltrdU

o ~5S \iotnf Vehicle
I'r",luel I.IJblhtv

Propertv Damage 0 1;') 5 J>ropert v Damage

Ll

J 195 ( ontractl'roduct Lldbll!ty r=:- _,flO Other Personal Injury

Product Llabllit\

0

REAL PROPERTY

( IVIL RIGHTS

[J 210 Lund \. nlld~lnnLltlon ~l 220 Foreclo"ure
2.30 Rent I ~d"'C 8:. L1cctmenl I 240 [ort.;;; t() I dnd cJ 245 Tort Product Lrabllity
o 290 All Othel Real Property

C -\.-\.\ \ ntmg
X --l--l-1 I 11lployment ~ -l-.f ~ ! hlU"lIlg l
\cco11l11l0datlon" [j ~44 \1 eljare
o 440 ()ther C,v,l Rlght,

PRISONER PETITIONS
0

U ',J li MOtlOlY, to Vacate

~entence

o

Iidbed:" ( orpus

o ').3() (Jenera1

o

o 535 Death Penalty

o o 540 Mandamu, & Other

[J 550 e1V11 Rights
o ')')5 Pnson CondltJoll

() 1() A.gncu!tlllc 62d OthcI [-nod cl( Drug
625 Drug Reldt<.:d Selzule ot Property 21 LSC
630 Liquor Ld'"
MO R R & r,llC"
650 Atrlme Reg.'-.
()()() (kLupatlolldl
~alc11"i le"lth 69() Other

0122 <\ppeal 2R 11St' 15R
0123 Withdrawal 28 uSC 157
PROPERTY RIGHTS
Cl<2() (oP\ fI,!!ht<;
L)'no Pdttnt Dqo I I adclI"" ,

LABOR

SOCIAL SECURITY

71 () Fair l"bOl \Iand"rd, 0\61 HIA (139511)

'\et

0\62 Black Lung (92))

720 Labor/Mt!lllt Re!atlO11s 0\63 DIWC'DlWW (405(g))

0\64 %11l I,tic X\'I

7JO LahoriMgmt Reporting 0\65 RSI (405(g))

& Dlsc\osure Act 740 Railway L.lbor Act

FEDERAL TAX SlJITS

790 Other Labor l.ltlgatlon U!7o Taxes (U S Plamtltl or Defendant)

791 Fmpl Ret Inc ')ecunty Act

OJ71 [RS- ,'II",d Part" 26 V';C 7609

OTHER STATliTES
0 40() State Reapportlonll1enl 0 410 Antltru'l 0 430 Banks and Bank1l1g 0 450 Commerce/ICC Rate" etc 0 460 DeportatlOn 0 47() Racketeer Inlluellccu ,(llli
Corrupt Orgamzatl0n~ lJ S I 0 ",elcl tl\ e ~er\, Ice 0 ~.5() Secunl1e:-.,( ()1l11l10d1l1C'"
Exchange
0 X75 Customer C1JaIlenge
12 LiSC 341()
0 ~C)1 Agncultural Acts 0 892 Eeonon1le StabilIzatIOn Act 0 893 EnVironmental Matters 0 R94 Energy AllocatlOll Al t 0 895 Freedom oj
Infomlatlon Act
0 900 Appeal of Fee
Detem1l11atlon Under Equal Access to JlIstlce
o 950 ConstitutionalIty of
State Statutes
o ~')() Other ~tatut"'Y AUIOI);

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

X! Onglnal

0 2 Removed flom

Proceeding

State COLIrt

0 3 Remanded li'0111
Appellate Court

1 ran,fcrred ti'o1l1
another d,stnct
0 4 Re111stated or 0 'i (,peelry)
Reopened

o 6 Mulildlstnct
Litigation

Appeal to [)"t1'1ct Judge tiom
o 7 Magistrate Judgment

VT. CAUSE OF ACTION (e lie the I' S \" r1 Statute uncleI' which you are filmg and wnte bnef,tatemelll ofcau,"

"- -.J

•

])(' 1101 clteJul1'icl1ctlOIlJI "ldtutec., unless dIversIty)

I'hls IS an action under Title VII of the Civil Rights Act of 1964. and Title I of the Civil Rights ActoI' 1991 to correct unlawful employment practices on the

baSIS of sex and to proVide appropl'late relJef to Ashley Bndges who was subjected to a sexually hostile work environment and retaltatlOn agamst Ms,

Bndges by cuttll1g her hours and terlllll1attng her because of her opposition to employment practices she believed to be unlawful

VII. REQl'ESTED IN

0 ('IIECK If' THIS I~ ;\ CLASS ACTION

DEMAND $

CHECK YES only If demanded 111 compla111t'

COMPLAINT:

I ;NDER F R C P 23

JURY DEMAND:

X Yes

0 No

VIII. RELATED CASE(S)

ISee l11stllictlOns)

IF ANY

DO( 1<1 r NUMI3ER

IJATE

FOR OFFICE USE ONLY RH EIPT H _ _ _ _ __

I\I(J\ ,, _ _ _ _ _ _ __

\1'1'1 \ 1,\(; I"i' _ _ _ _ _ _ __

111)(,[, _ _ _ _ _ _ __ \1;\(, 11 j[)( if: _ _ _ _ _ _ _ _ _ __

L.S. DISI RICT COlJRT
ORTHI:.R:-.I DISTRICT OF TEXAS
FILED

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

SEP 292004

CLERK, U'j1ISTRICT COURT

By

C.

Depul)'

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

}

STOCKS, INC. d/b/a CAFE ITALIA &

}

CIA CHOW, INC.,

}

}

}

Defendant.

}

CIVIL ACTION NO. JURY TRIAL DEMANDED

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

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of

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

provide appropriate relief to Ashley Bridges who was subjected to a sexually hostile work

environment. The Commission further alleges that the Defendant, Cafe Italia retaliated against Ms.

Bridges by cutting her hours and terminating her because ofher opposition to employment practices

she believed to be unlawful.

JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuantto 28 U.S.C. §§ 451,1331, 1337, 1343,

and 1345. This action is authorized and instituted pursuant to Section 706(f)( 1) and (3) ofthe Civil

Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(f)(I) and (3), and Section 102

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

2. The employment practices alleged to be unlawful were and are now being committed

within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.c. § 2000e-5(a). 4. At all relevant times, Defendant, Cafe Italia, 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, Cafe Italia, has continuously been an employer engaged in an industry affecting commerce under Section 701(b), (g) and (h) of Title VII, 42 U.S.C. §2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ashley Bridges filed a charge with the Commission alleging violations of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant, Cafe Italia. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Ashley Bridges, the Defendant has engaged in unlawful employment practices in violation of Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)(1) by subjecting Bridges to a sexually hostile work environment. Specifically, Cafe Italia subjected Bridges to a sexually hostile work atmosphere in that she was constantly and repeatedly subjected to unwelcome and offensive, sexually explicit remarks and touching.
Page -2-

8. On or about December of2003, Defendant retaliated against Ms. Bridges in violation of Section 704(a) ofTitle VII, 42 U.S.C. Section2000e-3. Specifically, Defendant reduced the work hours and eventually terminated Ms. Bridges because she complained about the discriminatory treatment she received in the workplace.
9. The result of the foregoing practices has been to deprive Ashley Bridges of equal employment opportunities because of her sex and due to retaliatory treatment.
10. The unlawful employment practices complained ofin paragraphs 7 and 8 above were intentional.
11. The unlawful employment practices complained ofin paragraphs 7 and 8 above were done with malice or with reckless indifference to the federally protected rights of Ashley Bridges.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Cafe Italia, its officers, successors, assigns, and all persons in active concert or participation with it, from engaging in any employment practice which condones or encourages sexual harassment and enjoin any further retaliatory treatment for employees who oppose unlawful employment practices. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities and a non-hostile work environment for all employees which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Ashley Bridges by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, pecuniary losses, compensatory damages including out-of-pocket expenses, and other affirmative relief necessary to eradicate the
Page -3-

effects of its unlawful employment practices. D. Order the Defendant to make Ashley Bridges whole by providing compensation for
past and future pecuniary losses resulting from the unlawful employment practices described in paragraphs 7 and 8 above.
E. Order the Defendant to make Ashley Bridges whole 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, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
F. Order the Defendant to pay Ashley Bridges punitive for its intentional conduct or reckless indifference described and referenced in paragraphs 7 and 8 above, in an amount to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
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 its Complaint.
Respectfully submitted, ERIC S. DREIBAND General Counsel
Page -4-

JAMES L. LEE Deputy General Counsel
-ebf-A:e ROBERT A. CANINO Regional Attorney Oklahoma Bar No. 0117821
SUZANNE M. ANDERSON Supervisory Trial Attorney Texas Bar No.04855720
r---2/'---L--
L ...-'"
KERl L. MALLON Senior Trial Attorney Colorado Bar No. 27392 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2743 (214) 253-2740 (FAX)
Page -5-

CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing has been served on all counsel of record for the Defendant at the address below via United States first class mail, postage prepaid, on this the
.-2!1 day of SqYt ,2004.

Rebecca Singer, P.C. One Galleria Tower 13355 Noel Road, Suite 500 Dallas, Texas 75240

Keri L. Mallon

Page -6-

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION __________________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. STOCKS, INC., d/b/a CAFÉ ITALIA,
Defendant.

* * * * * * Civ. No. 3:04-CV-2109-H * * * *

O R D E R Before the Court are Plaintiff Equal Employment Opportunity Commission's ["EEOC"] Motion for Partial Summary Judgment, and supporting brief and appendix, filed January 9, 2006; and Defendant's Response, and supporting brief, filed January 30, 2006. Plaintiff brings this case on behalf of Charging Party Ashley Bridges under Title VII for sexual harassment, based on a sexually hostile work environment, and for retaliation for pursuing rights protected by the United States Constitution. See 42 U.S.C. § 2000e-2(a)(1); id. § 2000e-3. The EEOC now moves for partial summary judgment on the claim of retaliation. Specifically, the EEOC offers deposition evidence that Defendant admits it reduced Ms. Ashley's work hours, and therefore her compensation, because Ms. Ashley complained of sexual harassment and threatened to sue therefore. The EEOC's evidence is persuasive. Defendant has raised a sufficient issue of fact with regard to the context of those admissions, however, such that judgment is not appropriate as a matter of law. See Fed. R. Civ. P. 56; Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888 (1990); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251 (1986).

Accordingly, Plaintiff's motion for partial summary judgment is DENIED. This case shall proceed to jury trial as scheduled.
SO ORDERED. DATED: March 2, 2006.
___________________________________ BAREFOOT SANDERS, SENIOR JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
2

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION __________________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. STOCKS, INC., d/b/a CAFÉ ITALIA,
Defendant.

* * * * * * Civ. No. 3:04-CV-2109-H * * * *

FINAL JUDGMENT

This Final Judgment is entered pursuant to a jury verdict returned on April 5, 2006.

It is ORDERED, ADJUDGED AND DECREED by the Court that Plaintiff Equal

Employment Opportunity Commission, appearing on behalf of Ashley Bridges, after prevailing on

the cause of action for retaliation under Title VII, is hereby awarded the sum of $10,000.00, along

with post-judgment interest at the rate of 4.91%.

It is further ORDERED, ADJUDGED AND DECREED that for all other causes of action,

Plaintiff take nothing.

It is further ORDERED, ADJUDGED AND DECREED that each party shall bear its own

costs. All relief not expressly awarded herein is denied.

SIGNED this 26th day of April, 2006.

___________________________________ BAREFOOT SANDERS, SENIOR JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION __________________________________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. STOCKS, INC., d/b/a CAFÉ ITALIA,
Defendant.

* * * * * * Civ. No. 3:04-CV-2109-H * * * *

ORDER ON POST-JUDGMENT MOTIONS Before the Court are the following motions: Plaintiff EEOC's Motion under Fed. R. Civ. P. 59(c) to Alter or Amend Judgment, filed May 4, 2006; Defendant's Response, filed May 23, 2006; Defendant Stocks, Inc.'s Motion for Judgment Notwithstanding Verdict, and supporting brief, filed May 8, 2006; Plaintiff EEOC's Response to Motion for Judgment Notwithstanding the Verdict, filed May 24, 2006; Plaintiff EEOC's Motion for New Trial on the Issue of Punitive Damages, filed May 10, 2006; and Response of Stocks, Inc. to Plaintiff EEOC's Motion for New Trial, filed May 26, 2006. This case was brought by the Equal Employment Opportunity Commission ["EEOC"] on behalf of complainant Ashley Bridges for damages and injunctive relief based on Title VII sexual harassment (hostile work environment) and retaliation. See 42 U.S.C. § 2000e-5; 42 U.S.C. § 1981(a). After trial April 3-5, 2006, the jury returned a verdict in favor of Plaintiff for damages in the amount of $10,000 on the charge of retaliation; and in favor of Defendant on the charge of sexual harassment. Final Judgment was entered on April 26, 2006.

In the motion for judgment notwithstanding the verdict, Defendant argues lack of evidence to support a finding that Bridges engaged in a Title VII protected activity and/or that Defendant was guilty of retaliation. On the contrary, the Court finds the jury's verdict of retaliation to be reasonable from the evidence presented. See Long v. Eastfield College, 88 F.3d 300, 304-05 (5th Cir. 1996) (setting out the standard for a Title VII retaliation claim, as well as parameters for "protected activity"); Wardlaw v. Inland Container Corp., 76 F.3d 1372, 1375 (5th Cir. 1996) ("[T]he Court should consider all of the evidence . . . in the light and with all reasonable inferences most favorable to the party opposed to the motion."); see also Smith v. Enesco Imports Corp., 1989 WL 103362, *2 (N.D. Ill. 1989) (holding the threat of a discrimination suit, inter alia, to be a protected activity). Defendant's motion for judgment as a matter of law is DENIED.
In Plaintiff's motion to alter or amend judgment, the EEOC asks the Court to award injunctive relief and to render judgment enforceable by contempt. Under Rule 59(e), the Court may amend final judgment on any of the following grounds: (1) intervening change in controlling law; (2) availability of new evidence not previously available; or (3) the need to correct a clear error of law or to prevent manifest injustice. See Atkins v. Marathon LeTourneau Co., 130 F.R.D. 625, 626 (S.D. Miss. 1990); FED. R. CIV. P. 59(e). No authority cited by the EEOC supports the requested amendments, which are not justified in this case for the reasons given in the order of April 26, 2006. Plaintiff's motion to alter or amend judgment is DENIED.
Finally, Plaintiff moves for new trial on the question of punitive damages. After the parties closed at trial, the Court found the evidence insufficient as a matter of law to support an award of punitive damages under the facts of this case. See Kolstad v. American Dental Ass'n, 527 U.S. 526, 535 (1999) (setting out the standard for an award of punitive damages under Title VII). Accordingly,
2

the Court exercised its discretion not to submit the issue to the jury. See EEOC v. Manville Sales Corp., 27 F.3d 1089, 1096 (5th Cir. 1994), cert. denied, 513 U.S. 1090 (1995). Plaintiff's motion for new trial is DENIED.
SO ORDERED. DATED: June 12, 2006.
___________________________________ BAREFOOT SANDERS, SENIOR JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
3

 
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Page 1 of 11

APPEAL, CLOSED, ECF, JURY, SANDERSON
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:04-cv-02109

Equal Employment Opportunity Commission v. Stocks Inc Assigned to: Judge Barefoot Sanders Case in other court: USCA, 06-10871
USCA, 06-10916 (06-10871) Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2004 Date Terminated: 04/26/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Robert A Canino, Jr Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2750 Email: robert.canino@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Keri L Mallon Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2743 Fax: 214/253-2749 FAX Email: Keri.Mallon@eeoc.gov

Suzanne M Anderson

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Page 2 of 11

V.
Defendant
Stocks Inc doing business as Cafe Italia and Cia Chow Inc

Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2740 Fax: 214/253-2749 FAX Email: suzanne.anderson@eeoc.gov ATTORNEY TO BE NOTICED
represented by L Randall Yazbeck Law Office of L Randall Yazbeck 5050 Quorum Dr Suite 140 Dallas, TX 75254 972/458-2922 Fax: 972/960-8241 FAX Email: ryaz@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/29/2004 09/29/2004 09/29/2004
09/29/2004 09/29/2004 11/09/2004
11/09/2004 11/18/2004 11/18/2004

#

Docket Text

1 COMPLAINT against Stocks Inc , filed by Equal Employment Opportunity Commission.(jyg, ) (Entered: 09/30/2004)

DEMAND for Trial by Jury by Equal Employment Opportunity Commission in complaint. (jyg, ) (Entered: 09/30/2004)

***Magistrate Judge William F Sanderson Jr chosen by random selection to handle matters that may be referred in this case. (jyg, ) (Entered: 09/30/2004)

2 CERTIFICATE OF INTERESTED PERSONS by Equal Employment Opportunity Commission. (jyg, ) (Entered: 09/30/2004)

3 Summons Issued as to Stocks Inc. (jyg, ) (Entered: 09/30/2004)

4 WAIVER OF SUMMONS Returned Executed as to Stocks Inc. Waiver sent on 10/5/2004, answer due 12/6/2004. (jyg, ) Modified on 11/10/2004 (jyg, ). (Entered: 11/10/2004)

5 WAIVER OF Summons Returned Executed as to Stocks Inc. Waiver sent on 10/5/2004, answer due 12/6/2004. (jyg, ) (Entered: 11/10/2004)

6 ANSWER to Complaint by Stocks Inc.(klm, ) (Entered: 11/19/2004)

7 ORDER: Counsel and any unrepresented parties are directed to meet for

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12/08/2004 12/21/2004
03/15/2005
04/01/2005 04/01/2005 04/01/2005 04/04/2005 04/08/2005 08/31/2005 09/28/2005 09/28/2005

the purpose of preparing a joint status report. (see order for specifics) (Signed by Judge Barefoot Sanders on 11/18/04) (klm, ) (Entered: 11/19/2004)
8 Joint STATUS REPORT by Equal Employment Opportunity Commission, Stocks Inc. (jyg, ) (Entered: 12/10/2004)
9 SCHEDULING ORDER: Amended Pleadings due by 7/5/2005. Discovery due by 10/11/2005. Joinder of Parties due by 7/5/2005. Jury Trial set for during the weeks of 1/9, 18 and 23, 2006 09:00 AM before Judge Barefoot Sanders. Motions due by 10/17/2005. Proposed Pretrial Order due by 12/12/2005. Pretrial Materials due by 12/19/2005. Counsel must meet and file with the Court a joint report by noon, 4/4/05. See order. (Signed by Judge Barefoot Sanders on Dec 21, 2004) (jyg, ) (Entered: 12/22/2004)
10 ORDER REGARDING MANDATORY ENROLLMENT IN THE ELECTRONIC CASE FILING SYSTEM IN CIVIL CASES PENDING BEFORE JUDGE SANDERS - In an effort to increase the efficiency and convenience of case administration for litigants and the court, Judge Sanders has initiated a project in which ALL civil cases pending in his court (except those involving prisoner and pro se litigants) will be required to enroll in the Electronic Case Filing (CM/ECF) System by March 31st, 2005. SEE ORDER FOR SPECIFICS. (Signed by Judge Barefoot Sanders on 3/15/05) (rrj, ) (Entered: 03/15/2005)
11 Unopposed MOTION to Dismiss by Equal Employment Opportunity Commission (jyg, ) (Entered: 04/04/2005)
12 Joint STATUS REPORT by Equal Employment Opportunity Commission, Stocks Inc. (jyg, ) (Entered: 04/04/2005)
13 ORDER granting 11 Motion to Dismiss all claims in this case against Dft Cia Chow Inc. Accordingly, Dft Cia Chow Inc is dismissed. (Signed by Judge Barefoot Sanders on April 1, 2005) (jyg, ) (Entered: 04/04/2005)
14 ORDER REFERRING CASE to Magistrate Judge Wm F Sanderson, Jr for a settlement conference. (See order for specifics) (Signed by Judge Barefoot Sanders on 4/4/2005) (vdf) (Entered: 04/05/2005)
15 Order Designating Case for ECF - see order for specifics. (Signed by Judge Barefoot Sanders on 4/8/05) (rrj, ) (Entered: 04/08/2005)
16 Report of United States Magistrate Judge. A settlement conference was held on 8/31/05 and the parties were unable to reach a settlement. (Signed by Judge Wm F Sanderson Jr on August 31, 2005) (jyg, ) (Entered: 09/01/2005)
17 MOTION to Extend Time Deadlines and Request for Expedited Ruling by Equal Employment Opportunity Commission (Mallon, Keri) (Entered: 09/28/2005)
18 ORDER granting 17 Motion to Extend Time. The trial setting during the weeks of January 9, 17 and 23, 2006, is VACATED. All deadlines in the

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09/28/2005 12/22/2005 01/09/2006
01/09/2006 01/09/2006

Court's Scheduling Order of December 21, 2004, that have passed will not beextended. With regard to the remaining deadlines, a new Scheduling Order shall issue. (Signed by Judge Barefoot Sanders on 9/28/05) (rrj, ) (Entered: 09/28/2005)
19 SCHEDULING ORDER: Discovery due by 1/3/2006. Jury Trial set for the weeks of April 3, 10 and 17, 2006 09:00 AM before Judge Barefoot Sanders. Motions due by 1/9/2006. Proposed Pretrial Order due by 3/6/2006. Pretrial Materials due by 3/13/2006. (Signed by Judge Barefoot Sanders on 9/28/05) (rrj, ) (Entered: 09/28/2005)
20 NOTICE of Attorney Appearance by William C Backhaus on behalf of Equal Employment Opportunity Commission (Backhaus, William) (Entered: 12/22/2005)
21 MOTION for Summary Judgment by Equal Employment Opportunity Commission with PARTIAL SUMMARY JUDGMENT. (Attachments: # 1 Appendix 1A Deposition Cover Sheet of Ashley Lauren Bridges# 2 Affidavit 1-Depo Excerpt Ashley Lauren Bridges# 3 Appendix Appendix 2-Depo Excerpt Ashley Bridges# 4 Appendix 3-Depo Excerpt Ashley Lauren Bridges# 5 Appendix Appendix 5-Depo Excerpt Ashley Lauren Bridges# 6 Appendix 5-Depo Excerpt Ashley Lauren Bridges# 7 Appendix Appendix 6 Depo Excerpt Ashley Lauren Bridges# 8 Appendix Appendix 7-Depo Excerpt Ashley Lauren Bridges# 9 Appendix Depo Excerpt Ashley Lauren Bridges# 10 Appendix Depo Excerpt of Ashley Lauren Bridges# 11 Appendix Depo Excerpt of Ashley Lauren Bridges# 12 Appendix Depo Excerpt of Ashley Lauren Bridges# 13 Appendix Depo Exerpt of Ashley Lauren Bridges# 14 Appendix Depo Excerpt of Ashley Lauren Bridges# 15 Appendix Charge of Discrimination# 16 Appendix Depo Cover Sheet of Dino Pucci# 17 Appendix Depo Excerpt Dino Pucci# 18 Appendix Depo Excerpt of Dino Pucci# 19 Appendix Depo Exerpt of Dino Pucci# 20 Appendix Depo Excerpt of Dino Pucci# 21 Affidavit Depo Excerpt of Dino Pucci# 22 Appendix Depo Excerpt of Dino Pucci# 23 Appendix Depo Excerpt of Dino Pucci# 24 Appendix Depo Excerpt of Dino Pucci# 25 Appendix Depo Excerpt of Dino Pucci# 26 Appendix Deposition Cover Sheet of Tony Lemus# 27 Appendix Depo Excerpt of Tony Lemus# 28 Appendix Depo Excerpt of Tony Lemus# 29 Appendix Depo Excerpt of Tony Lemus# 30 Appendix Depo Excerpt of Tony Leumus# 31 Appendix Depo Excerpt of Tony Lemus# 32 Appendix Depo Excerpt of Tony Lemus# 33 Appendix Deposition Cover Sheet of Scott Jones# 34 Appendix Depo Excerpt of Scott Jones# 35 Appendix Depo Excerpt of Scott Jones# 36 Appendix Depo Excerpt of Scott Jones# 37 Appendix Depo Excerpt of Scott Jones# 38 Affidavit Depo Excerpt of Scott Jones# 39 Appendix Depo Excerpt of Scott Jones)(Backhaus, William) (Entered: 01/09/2006)
22 Brief/Memorandum in Support re 21 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT filed by Equal Employment Opportunity Commission. (Backhaus, William) (Entered: 01/09/2006)
23 ORDER: Before the Court is Plaintiff EEOC's Motion for Partial

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01/30/2006 01/30/2006 01/30/2006
03/02/2006 03/03/2006 03/06/2006 03/06/2006 03/06/2006 03/06/2006 03/06/2006 03/06/2006

Summary Judgment, filed January 9, 2006. Defendant is DIRECTED to file a Response to the motion by noon, January 30, 2006. Plaintiff may file a Reply by noon, February 14, 2006. (Signed by Judge Barefoot Sanders on 1/9/06) (rrj, ) (Entered: 01/09/2006)
24 RESPONSE to Motion re 21 MOTION for Summary Judgment Defendant's Response to Plaintiff EEOC's Motion for Partial Summary Judgent filed by Stocks Inc. (Yazbeck, L) (Entered: 01/30/2006)
25 Brief/Memorandum in Support re 21 MOTION for Summary Judgment, 24 Response to Motion Defendant's Brief in Support of its Response to Plaintiff EEOC's Motion for Partial Summary Judgment filed by Stocks Inc. (Yazbeck, L) (Entered: 01/30/2006)
26 Appendix in Support re 21 MOTION for Summary Judgment, 24 Response to Motion, 25 Brief/Memorandum in Support of Motion Appendix to Defendant's Response to Plaintiff EEOC's Motion for Partial Summary Judgment filed by Stocks Inc. (Attachments: # 1 Appendix AppendixPgs1-5# 2 Appendix AppendixPgs6-15# 3 Appendix AppendixPgs16-25# 4 Appendix AppendixPgs26-34# 5 Appendix AppendixPgs35-39# 6 Appendix AppendixPgs40-48# 7 Appendix Appendix49-58# 8 Appendix AppendixPgs59-68# 9 Appendix AppendixPgs69-73# 10 Appendix AppendixPgs74-83# 11 Appendix AppendixPgs84-89# 12 Appendix AppendixPgs90-95# 13 Appendix AppendixPgs96-101# 14 Appendix AppendixPgs102-106)(Yazbeck, L) (Entered: 01/30/2006)
27 ORDER denying 21 Motion for Summary Judgment (Signed by Judge Barefoot Sanders on 3/2/06) (rrj, ) (Entered: 03/02/2006)
28 Proposed Voir Dire by Equal Employment Opportunity Commission. (Backhaus, William) (Entered: 03/03/2006)
29 Designation of Deposition by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/06/2006)
30 Exhibit List by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/06/2006)
31 Proposed Jury Instructions by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 03/06/2006)
32 Proposed Jury Instructions by Stocks Inc. (Yazbeck, L) (Entered: 03/06/2006)
33 Defendant's Exhibit List by Stocks Inc. (Yazbeck, L) Modified on 3/6/2006 (jyg, ). (Entered: 03/06/2006)
34 TRIAL BRIEF RELATING TO STATUS OF CAFE ITALIA CO-OWNER JULIO CABRERA by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Depo of Alex Hanner# 2 Exhibit Depo of Ashley Bridges# 3 Exhibit Depo Scott Jones# 4 Exhibit Depo of Thomas Slatt# 5 Exhibit Depo of Dino Pucci# 6 Exhibit Depo of Rebekah Ross# 7 Exhibit Depo of Tony Lemus)(Anderson, Suzanne) (Entered:

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03/10/2006 03/13/2006 03/13/2006 03/13/2006 03/13/2006 03/13/2006 03/13/2006 03/13/2006 03/16/2006
03/17/2006
03/20/2006 03/22/2006

03/06/2006)
35 JOINT PRETRIAL ORDER - See order for specifics. (Signed by Judge Barefoot Sanders on 3/10/06) (rrj, ) Additional attachment(s) added on 11/16/2006 (jmr, ). (Entered: 03/13/2006)
36 MOTION in Limine Objection To Defendant's Exhibit No. 1 by Equal Employment Opportunity Commission with Brief In Support. (Attachments: # 1 Exhibit Exhibit 1-Birthday Card)(Backhaus, William) (Entered: 03/13/2006)
37 OBJECTION re 32 Proposed Jury Instructions of Defendant's filed by Equal Employment Opportunity Commission. (Backhaus, William) (Entered: 03/13/2006)
38 MOTION in Limine by Stocks Inc (Attachments: # 1 Appendix Appendix 1-13# 2 Appendix Appendix14-26# 3 Appendix Appendix2733# 4 Appendix Appendix34-46# 5 Appendix Appendix47-53)(Yazbeck, L) (Entered: 03/13/2006)
39 Brief/Memorandum in Support re 38 MOTION in Limine filed by Stocks Inc. (Yazbeck, L) (Entered: 03/13/2006)
40 Proposed Voir Dire by Stocks Inc. (Yazbeck, L) (Entered: 03/13/2006)
41 OBJECTION re 29 Designation of Deposition Designations filed by Stocks Inc. (Yazbeck, L) (Entered: 03/13/2006)
42 OBJECTION re 30 Exhibit List filed by Stocks Inc. (Yazbeck, L) (Entered: 03/13/2006)
43 ORDER: Pretrial Conference set for 3/28/2006 02:00 PM before Judge Barefoot Sanders. Responses to objections, responses to trial briefs, and/or responses to motions in limine shall be filed no later than noon, March 22, 2006. No further pretrial materials shall be filed after that time without leave of Court.Counsel shall deliver to the Court by noon, March 23, 2006, a copy of all trial exhibits in a three-ring binder or other convenient format. (Signed by Judge Barefoot Sanders on 3/16/06) (klm, ) (Entered: 03/16/2006)
44 ORDER: Pretrial Conference set for 3/28/2006 02:00 PM before Judge Barefoot Sanders. The Court notes that the respective witness lists are quite lengthy. Counsel should be prepared to submit at the pretrial conference estimates as to how long it will take to present their respective cases, including direct and cross for each witness who is likely to be called. (Signed by Judge Barefoot Sanders on 3/17/06) (klm, ) (Entered: 03/17/2006)
45 MOTION Admit Evidence of Ashley Bridges' "Sexual Conduct" in the Workplace by Stocks Inc with Brief in Support. (Yazbeck, L) (Entered: 03/20/2006)
46 RESPONSE in Opposition to Defendant's Objection to Plaintiff's Exhibits filed by Equal Employment Opportunity Commission.

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03/22/2006
03/22/2006 03/22/2006
03/28/2006 04/03/2006 04/03/2006
04/04/2006
04/05/2006
04/05/2006 04/05/2006 04/05/2006 04/05/2006

(Anderson, Suzanne) (Entered: 03/22/2006)
47 RESPONSE to Motion re 38 MOTION in Limine Plaintiff's Response to Defendant Stocks, inc. dba Cafe Italia's Motion In Limine filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A# (2) Exhibit Exhibit B Part 1# (3) Exhibit Exhibit B Part 2# 4 Exhibit Exhibit C# (5) Exhibit Exhibit D Part 1 of 3# 6 Exhibit Exhibit D Part 2 of 3# 7 Exhibit Exhibit D Part 3 of 3# 8 Exhibit Exhibit E) (Backhaus, William) (Entered: 03/22/2006)
48 RESPONSE to Motion re 36 MOTION in Limine Objection To Defendant's Exhibit No. 1 filed by Stocks Inc. (Yazbeck, L) (Entered: 03/22/2006)
49 RESPONSE in Opposition re 34 Trial Brief, filed by Stocks Inc. (Attachments: # 1 Exhibit Exhibit Deposition of Julio Cabrera# 2 Exhibit Exhibit Deposition of Jeff Denton# 3 Exhibit Exhibit Deposition of Scott Joens# 4 Exhibit Exhibit Deposition of Tony Lemus# 5 Exhibit Exhibit Deposition of Dino Pucci# 6 Exhibit Exhibit Deposition of Rebekah Ross)(Yazbeck, L) (Entered: 03/22/2006)
50 Minute Entry for proceedings held before Judge Barefoot Sanders : Pretrial Conference held on 3/28/06. (Court Reporter Shawn McRoberts.) (rrj, ) (Entered: 03/28/2006)
51 Jury Roll. (jyg, ) (Entered: 04/03/2006)
Minute Entry for proceedings held before Judge Barefoot Sanders : Jury Selection (9 jurors selected and sworn) and 1st Day of Jury Trial begun on 4/3/2006. Jury Trial to continue at 9:00 a.m. 4/4/06. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY.) (Court Reporter Pam Wilson.) (rrj, ) (Entered: 04/03/2006)
Minute Entry for proceedings held before Judge Barefoot Sanders : 2nd Day of Jury Trial held on 4/4/06. Both sides rested. Charge Conference/Jury Trial to continue tomorrow April 5, 2006 at 8:30 a.m.. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY.) (Court Reporter Pam Wilson.) (rrj, ) (Entered: 04/04/2006)
Minute Entry for proceedings held before Judge Barefoot Sanders : 3rd Day of Jury Trial. Court Charges the Jury; Closing Arguments of Counsel held; Jury in deliberations; Jury Notes 1 and 2 filed; Supplemental Charge to the Jury; Jury Verdict Rendered; Judgment to be forthcoming. Exhibits with the CRD. Jury Trial completed on 4/5/2006. (NO PDF ATTACHED - THIS IS A VIRTUAL MINUTE ENTRY.) (Court Reporter Pam Wilson.) (rrj, ) (Entered: 04/05/2006)
52 RE: Jury Note No. 1(jyg, ) (Entered: 04/06/2006)
53 Jury Note #2. (jyg, ) (Entered: 04/06/2006)
54 Court's Charge to the Jury(jyg, ) (Entered: 04/06/2006)
55 Court's Supplemental Charge to the Jury. (jyg, ) (Entered: 04/06/2006)

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04/12/2006 04/13/2006 04/24/2006 04/24/2006 04/26/2006 04/26/2006
05/04/2006
05/08/2006 05/08/2006 05/10/2006

56 MOTION for Judgment For Injunctive Relief by Equal Employment Opportunity Commission (Attachments: # 1 NOTICE)(Anderson, Suzanne) (Entered: 04/12/2006)
57 ORDER - Before the Court is Plaintiff EEOC's Motion for Entry of Judgment for Injunctive Relief, filed April 12, 2006. Defendant is DIRECTED to file a Response to the Motion by noon, April 24, 2006. There shall be no reply. See Local R. 7.1(f). (Signed by Judge Barefoot Sanders on 4/13/06) (rrj, ) (Entered: 04/13/2006)
58 RESPONSE to Motion re 56 MOTION for Judgment For Injunctive Relief filed by Stocks Inc. (Yazbeck, L) (Entered: 04/24/2006)
59 OBJECTION re 56 MOTION for Judgment For Injunctive Relief Objection to Judgment Proposed by Plaintiff and Defendant's Motion to Apportion Costs filed by Stocks Inc. (Yazbeck, L) (Entered: 04/24/2006)
60 ORDER granting in part and denying in part 56 Motion for Entry of Judgment for Injunctive Relief. See Order for specifics. (Signed by Judge Barefoot Sanders on 4/26/06) (rrj, ) (Entered: 04/26/2006)
61 FINAL JUDGMENT - This Final Judgment is entered pursuant to a jury verdict returned on April 5, 2006. It is ORDERED, ADJUDGED AND DECREED by the Court that Plaintiff Equal Employment Opportunity Commission, appearing on behalf of Ashley Bridges, after prevailing on the cause of action for retaliation under Title VII, is hereby awarded the sum of $10,000.00, along with post-judgment interest at the rate of 4.91%. It is further ORDERED, ADJUDGED AND DECREED that for all other causes of action, Plaintiff take nothing. It is further ORDERED, ADJUDGED AND DECREED that each party shall bear its own costs. All relief not expressly awarded herein is denied.. (Signed by Judge Barefoot Sanders on 4/26/06) (rrj, ) (Entered: 04/26/2006)
62 MOTION to Alter Judgment or Amend Judgment Under Fed. R. Civ. P. 59(e) by Equal Employment Opportunity Commission (Attachments: # 1 Attachment-Amended Final Judgment Red River# 2 Attachment Order Plaintiff Motion Amend-Red River# 3 Attachment Judgment Fenyes & Nerenberg# 4 Attachment-Injunction)(Backhaus, William) (Entered: 05/04/2006)
63 MOTION for Judgment by Stocks Inc with Motion for Judgment Notwithstanding Verdict and Brief in Support Thereof. (Yazbeck, L) (Entered: 05/08/2006)
64 ORDER - Before the Court is Plaintiff EEOC's Motion under Fed. R. Civ. P. 59 (c) to Alter or Amend Judgment, filed May 4, 2006. Defendant is DIRECTED to file a Response to the motion by noon, May 24, 2006. There shall be no reply. See Local R. 7.1(f). (Signed by Judge Barefoot Sanders on 5/8/06) (rrj, ) (Entered: 05/08/2006)
65 MOTION for New Trial On The Issue of Punitive Damages by Equal Employment Opportunity Commission (Attachments: # 1 Attachment ATranscript# 2 Attachment B-Dino Pucci# 3 Attachment C-Tony Lemus)

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05/23/2006 05/24/2006
05/26/2006 06/12/2006 08/09/2006
08/10/2006 08/18/2006 08/18/2006 08/18/2006 08/21/2006 08/23/2006 08/23/2006

(Anderson, Suzanne) (Entered: 05/10/2006)
66 RESPONSE filed by Stocks Inc re 62 MOTION to Alter Judgment or Amend Judgment Under Fed. R. Civ. P. 59(e) (Yazbeck, L) (Entered: 05/23/2006)
67 RESPONSE filed by Equal Employment Opportunity Commission re 63 MOTION for Judgment Nothwithstanding Verdict and Brief In Support Thereof (Attachments: # 1 Depo Excerpts-Tony Lemus# 2 Trial Transcript-Excerpts Scott Jones)(Backhaus, William) (Entered: 05/24/2006)
68 RESPONSE filed by Stocks Inc re 65 MOTION for New Trial On The Issue of Punitive Damages (Yazbeck, L) (Entered: 05/26/2006)
69 ORDER ON POST-JUDGMENT MOTIONS - denying 62 Motion to Alter Judgment, denying 63 Motion for Judgment, denying 65 Motion for New Trial. See Order for specifics. (Signed by Judge Barefoot Sanders on 6/12/06) (rrj, ) (Entered: 06/12/2006)
70 NOTICE OF APPEAL as to 69 Order on Motion to Alter Judgment, Order on Motion for Judgment, Order on Motion for New Trial, 61 Judgment, by Equal Employment Opportunity Commission. (Anderson, Suzanne) Modified on 8/10/2006 (jmr). NO FEE PAID. (Entered: 08/09/2006)
71 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 70 Notice of Appeal. (jmr) (Entered: 08/10/2006)
72 TRANSCRIPT filed for date of 4/3/06 Trial Vol. I before Senior Judge Sanders re 70 Notice of Appeal. Court Reporter: Pam Wilson. (jmr) (Entered: 08/21/2006)
87 TRANSCRIPT filed for date of 4/4/06 Trial Vol. II before Senior Judge Sanders re 70 Notice of Appeal. Court Reporter: Pam Wilson. (jmr) (Entered: 08/21/2006)
75 TRANSCRIPT REQUEST by Equal Employment Opportunity Commission for proceedings held on 4/3-5/06 Trial before Senior Judge Sanders, re 70 Notice of Appeal. Court Reporter: Pam Wilson. (jmr) (Entered: 08/21/2006)
74 TRANSCRIPT filed for date of 4/5/06 Trial Vol. III before Senior Judge Sanders re 70 Notice of Appeal. Court Reporter: Pam Wilson. (jmr) Modified on 8/21/2006 (jmr). (Entered: 08/21/2006)
76 NOTICE OF APPEAL as to 69 Order on Motion to Alter Judgment, Order on Motion for Judgment, Order on Motion for New Trial, 61 Judgment, by Stocks Inc. (Yazbeck, L) Modified on 8/23/2006 (jmr). NO FEE PAID. (Entered: 08/23/2006)
77 Transcript Order Form by attorney for Defendant, transcript not requested re 76 Notice of Appeal. Transcript already on file in Clerk's office. (Yazbeck, L) Modified on 8/23/2006 (rrj, ). Modified on

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08/23/2006 08/24/2006 09/08/2006 09/21/2006 10/04/2006 10/13/2006
10/31/2006 11/17/2006 11/30/2006
12/01/2006 12/08/2006 02/06/2007
02/08/2007 02/09/2007

8/23/2006 (jmr). (Entered: 08/23/2006)
78 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 76 Notice of Appeal. (jmr) (Entered: 08/23/2006)
USCA Appeal Fees received $ 455 receipt number DS003478 re 76 Notice of Appeal filed by Stocks Inc, (ddb, ) (Entered: 08/24/2006)
USCA Case Number 06-10916 (06-10871) for 76 Notice of Appeal filed by Stocks Inc. (jmr) (Entered: 09/08/2006)
USCA Case Number 06-10871 for 70 Notice of Appeal filed by Equal Employment Opportunity Commission. (jmr) (Entered: 09/21/2006)
Certified Record on Appeal: 4 vol. electronic record and 3 transcripts. (jmr) (Entered: 10/04/2006)
79 Transmitted USCA5 Record on Appeal to: Joseph Seiner, EEOC, 1801 L Street NW, Room 7020, Washington, DC 20507 re 70 Notice of Appeal, 76 Notice of Appeal: 4 vol. electronic record and 3 transcripts. (jmr) Modified on 10/16/2006 (jmr). Additional attachment(s) added on 10/30/2006 (jmr, ). (Entered: 10/13/2006)
80 NOTICE of Receipt of USCA Appeal Record by Joseph Seiner, attorney for Equal Employment Opportunity Commission re 76 Notice of Appeal. (jmr) (Entered: 10/31/2006)
Received from CRD Plaintiff's and Defendant's trial exhibit binders re 70 Notice of Appeal filed by Equal Employment Opportunity Commission. (jmr) (Entered: 11/17/2006)
82 NOTICE of Transfer of the USCA Supplemental Record to Joseph Seiner, attorney for Equal Employment Opportunity Commission re 76 Notice of Appeal: Trial exhibits for Plaintiff and Defendant. (jmr) (Entered: 12/04/2006)
81 NOTICE of missing trial exhibits with copies attached, by attorney for Equal Employment Opportunity Commission. (jmr) (Entered: 12/01/2006)
83 NOTICE of Transfer of the USCA Appeal Record to Randall Yazbeck, attorney for Stocks Inc from attorney for EEOC re 70 Notice of Appeal, 76 Notice of Appeal. (jmr) (Entered: 12/08/2006)
84 JUDGMENT/MANDATE of USCA as to 76 Notice of Appeal filed by Stocks Inc. Issued as Mandate: 1/29/07. Pursuant to appellee-crossappellant's motion the cross appeal filed 8/23/06 is dismissed. (jmr) (Entered: 02/06/2007)
85 NOTICE of Transfer of the USCA5 Appeal Record to the attorney for Equal Employment Opportunity Commission re 70 Notice of Appeal. (jmr) (Entered: 02/08/2007)
86 NOTICE of Transfer of the Appeal Record to USCA5 re 70 Notice of Appeal. (jmr) (Entered: 02/12/2007)

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 V.
STOCKS INC, doing business as Cafe Italia and Cia Chow Inc Defendant - Appellee-Cross-Appellant

ENTRY OF DISMISSAL
Pursuant to appellee-cross-appellant'smotion the cross appeal is dismissed this 29th day of January, 2007, see FED. R. APP. P. 42(b).

DIS-4

CHARLES R. FULBRUGE I11 Clerk of the United States Court of Appeals for the Fifth Circuit
By: Shawn D. Henderson, Deputy Clerk
ENTERED AT THE DIRECTION OF THE COURT

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

EQUAL EMPLOYMENT OPPORTUNITY 9

COMMISSION,

§

Plaintiff-Appellant-Cross-Appellee §8

fi

V.

6

§

§

STOCKS,INC. d/b/a CAFE ITALIA,

§

§ Defendant-Appellee-Cross-Appekint§

NO. 06-10916

MOTION TO DISMISS
TO THE HONORABLE JUDGE OF THE UNITED STATES COURT OF APPEALS:
NOW COMES STOCKS, INC. d/b/a CAFJ? ITALIA, Cross-Appellant in the above-
entitled and numbered appeal, and respectfully moves this Court for an Order of Dismissal
dismissing this cross-appeal and in support thereof would respectfully show the Court as follows:
I.
Cross-Appellant does not desire to prosecute its cross-appeal at this time.
WHEREFORE, PREMISES CONSIDERED,Cross-Appellantpraysthat this cross-appeal
be dismissed.
Respectfully submitted:
x-M2z
L. Randall Yazbeck//
State Bar Numb@2'fk450
5050 Quorum ve, Suite 140 Dallas, TX 75254 TEL (972) 458-2922 FAX: (469) 916-2039
ATTORNEY FOR CROSS-APPELLEE

CERTIFICATE OF SERVICE
On the 3 y d d a y of January,2007, a true and correct copy of the foregoing was mailed, certifiedmail, return receipt requested,and sent via facsimile to the following attorneyof record for Appellant:
MI. Joseph A. Seiner Office of General Counsel U.S. Equal Employment Opportunity Commission 1801 L Street, N.W., Room 7018 Washington, D.C. 20507

United States Court of A-p-peals 1 FIFTB CIRCUIT OFFICE OF THE CLERK
CHARLES R. ITJLBRUGE III CLERK

TEL.504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS, LA 70130

January 29, 2007
Ms Karen S Mitchell, Clerk Northern District of Texas, Dallas United States District Court Room 1452 1100 Commerce Street Dallas, TX 75242
NO. 06-10871 EEOC V. Stocks Inc USDC NO. 3:04-CV-2109
Enclosed is a certified copy of the judgment issued as the mandate.
Sincerely,
CHARLES R. FULBRUGE 111, Clerk
By: Shawn D. Henderson, Deputy Clerk 504-310-7668
cc: wlencl: Ms Suzanne Michel Anderson Mr Joseph A Seiner Mr L Randall Yazbeck

MDT- 1