Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 1 of 7

U.S. DISlTllCT courrr
WESTEflN OISTIlICT OF LOUISIANA F Il E D
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF LOUISIANA FEB 2 2 1999

MONROE DIVISION

~O:'l/!I Iit::JU'2!€.u.., CLlfU{

***************** *

il!J'ilT'i'

UNITED STATES EQUAL EMPLOYMENT

OPPORTUNITY COMMISSION,

M

Plaintiff,

*
* COM P L A I N T

v.

*

SECURITY FINANCE CORPORATION d/b/a *

JURY TRIAL DEMANDED

SECURITY FINANCE CORPORATION OF

*

LOUISIANA

*

JUDGE JAMES

Defendant.

*

* * * * * * * * * * * * * * * * * * MAGISTRATE.JI 'DG~ H.l\.\' ES

NATURE OF COMPLAINT

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate relief to Beatrice Jones and other similarly situated Blacks who were adversely affected by such practices. The Commission alleges that Beatrice Jones, a Black woman, and other similarly situated Blacks were racially discriminated against by the Defendant, Security Finance Corporation d/b/a Security Finance Corporation of Louisiana, at its Delhi, Louisiana office. As a result of the racial discrimination, Beatrice Jones and other similarly situated Blacks were not interviewed or hired for available Assistant Manager positions and thereby denied equal employment opportunities.

Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 2 of 7

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28

U. S . C. § § 451, 13 3 I, 133 7, 1343 and 134 5 . This action is authorized and instituted pursuant to §§ 706(f) (1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-5 (f) (1) and 3 ("Title VII") and § 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981A.
2. The unlawful employment practices alleged below were

committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
PARTIES

3.

Plaintiff, the United States Equal Employment

Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by § 706 (f) (1) and (3) of Title VII, 42 U.S.C. § 2000e-5 (f) (1) and (3).
4. At all relevant times, Defendant, Security Finance

Corporation d/b/a as Security Finance of Louisiana, (the "Defendant" and/the "Employer") is and has been a Louisiana corporation and has continuously been doing business in the State of Louisiana and the City of Delhi, and has continuously had at least fifteen employees.

2

Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 3 of 7
5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of §§ 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, Beatrice Jones filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least on or about August 23,1996, Defendant Employer has engaged in unlawful employment practices at its Delhi, Louisiana office in violation of Section 703(a)1)and(2) of Title VII, 42 U.S.C. §§ 2000e-2(a)1)and(2). Said unlawful employment practices were committed against Beatrice Jones and other Black applicants. The unlawful practices consisted of Defendant1s manager, Darrel Rhyne1s, failure and refusal to interview and hire Beatrice Jones or other Black applicants for either of two available Assistant Manager positions. Darrel Rhyne hired three white individuals, two of which he hired to fill the available Assistant Manager positions. Darrel Rhyne applied a policy where Black applicants were not interviewed or hired for available positions because of their race.
3

Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 4 of 7
Darrel Rhyne's actions denied Beatrice Jones and other Blacks equal employment opportunities.
8. The effect of the practices complained of above has been to deprive Beatrice Jones and other Blacks of equal employment opportunities and otherwise adversely affect them because of their race.
9. The effect of the practices complained of in paragraph 7 above has been to cause Beatrice Jones and other Blacks pecuniary and non-pecuniary losses l including loss of earnings I loss of benefits l emotional painl suffering, inconvenience and mental anguish.
10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice and reckless indifference to the federally protected rights of Beatrice Jones and other Blacks.
PRAYER FOR RELIEF 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
4

Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 5 of 7
practice which discriminates against job applicants and employees on the basis of race;
B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for Blacks, particularly in terms of its application, interviewing and hiring process, which eradicate the effects of its past and present unlawful employment practices;
c. Order Defendant to make whole Beatrice Jones and other
affected individuals by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to, rightful place instatement or front pay, as appropriate;
D. Order Defendant to make whole Beatrice Jones and other affected individuals by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 in amounts to be determined at trial.
E. Order Defendant to make whole Beatrice Jones, and other affected individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain and suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
5

Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 6 of 7
F. Order Defendant to pay Beatrice Jones and other affected individuals punitive damages for its malicious and reckless conduct, as described in paragraph 7 above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
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, C. GREGORY STEWART General Counsel No Bar Roll No. Assigned
KEITT.iULL
Regional Attorney W.D. Bar Roll No.800072
Supervisory Trial Attorney W.D. Bar Roll No.800078
6

Case 3:99-cv-00317-RGJ-KLH Document 1 Filed 02/22/1999 Page 7 of 7
Senior Trial ttorney La. Bar Roll No. 16784 UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Ave., Suite 600 New Orleans, LA 70113 Telephone : (504 ) 589 - 2011
589-6817
AGENT FOR SERVICE OF PROCESS: Through Its Agent For Service Of Process:
C.T.Corporation Systems 8550 United Plaza Boulevard Baton Rouge, Louisiana 70809 (504) 922-4490
pag/19:security.complaint:11299.
7

 
 Case 3:99-cv-00317-RGJ-KLH Document 5 Filed 06/11/1999 Page 1 of 6

U. S. DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
F I LED

IN THE UNITED STATES DISTRICT C URT FOR THE WESTERN DISTRICT OF LO SIAN
MONROE DIVISION

JJN I I 1999

***************************

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

** CIVIL ACTION NO. 99-0317

*

Plaintiff,

* * AMENDED COM P L A I N T

v.

* JURY TRIAL DEMANDED

SECURITY FINANCE CORPORATlON Ut LOUISIANA,

*
'F JuuGE JAMES
* MAGISTRATE JUDGE HAYES

*

*

Defendant.

*

***************************

NATURE OF COMPLAINT

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of race and to provide appropriate relief to Beatrice Jones and other similarly situated Blacks who were adversely affected by such practices. The Commission alleges that Beatrice Jones, a Black woman, and other similarly situated Blacks were racially discriminated against by the Defendant, Security Finance Corporation of Louisiana, at its Delhi, Louisiana office. As result of the racial discrimination, Beatrice Jones and other similarly situated Blacks were not interviewed or hired for available Assistant Manager positions and thereby denied equal employment opportunities.

Case 3:99-cv-00317-RGJ-KLH Document 5 Filed 06/11/1999 Page 2 of 6
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 pursuant to §§ 706(t)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. §§ 2000e-5(t)(1) and 3 ("Title VII") and § 102 of the Civil Rights Act of 1991,42 U.S.c. § 1981A. 2. The unlawful employment practices alleged below were committed within the jurisdiction of the United States District Court for the Western District of Louisiana.
PARTIES 3. Plaintiff, the United States Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by § 706 (t)(1) and (3) of Title VII, 42 U.S.c. § 2000e-5(t)(1) and (3). 4. At all relevant times, Defendant, Security Finance Corporation d/b/a as Security Finance of Louisiana, Delhi Office (the "Defendant" and/the "Employer") is and has been a Louisiana corporation and has continuously been doing business in the State of Louisiana and the City of Delhi, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant has continuously been an employer engaged in an industry affecting commerce within the meaning of §§ 701(b), (g) and (h), of Title VII, 42 U.S.C §§ 2000e-(b), (g) and (h).
2

Case 3:99-cv-00317-RGJ-KLH Document 5 Filed 06/11/1999 Page 3 of 6
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Beatrice Jones filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least on or about August 23,1996, Defendant Employer has engaged in unlawful employment practices at its Delhi, Louisiana office in violation of Section 703(a)1)and(2) of Title VII, 42 U.S.C. §§ 2000e-2(a)1)and(2). Said unlawful employment practices were committed against Beatrice Jones and other Black applicants. The unlawful practices consisted of Defendant's manager, Darrel Rhyne's failure and refusal to interview and hire Beatrice Jones or other Black applicants for either of two available Assistant Manager positions. Darrel Rhyne hired three white individuals, two of which he hired to fill the available Assistant Manager positions. Darrel Rhyne applied a policy where Black applicants were not interviewed or hired for available positions. Darrel Rhyne's actions denied Beatrice Jones and other Blacks equal employment opportunities. Defendant engaged in discrimination based upon race. 8. The effect of the practices complained of above has been to deprive Beatrice Jones and other Blacks of equal employment opportunities and otherwise adversely affect them because of their race. 9. The effect of the practices complained of in paragraph 7 above has been to cause Beatrice Jones and other Blacks pecuniary and non-pecuniary losses, including emotional pain, suffering, inconvenience and mental anguish.
3

Case 3:99-cv-00317-RGJ-KLH Document 5 Filed 06/11/1999 Page 4 of 6
10. The unlawful employment practices complained of in paragraph 7 above were intentional.
11. The unlawful employment practices complained of in paragraph 7 above were done with malice and reckless indifference to the federally protected rights of Beatrice Jones and other Blacks.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant, its officers, sucoessors, assigns and all persons in active concert or participation with it, from engaging in any employment practice which discriminates against job applicants and its employees on the basis of race; B. Order Defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for Blacks, particularly in terms of its application, interviewing and hiring process which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant to make whole Beatrice Jones and other affected individuals by providing appropriate back pay with pre-judgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to, rightful place reinstatement or front pay, as appropriate; D. Order Defendant to make whole Beatrice Jones and other affected individuals by providing compensation for past and future pecuniary losses resulting from the unlawful
4

Case 3:99-cv-00317-RGJ-KLH Document 5 Filed 06/11/1999 Page 5 of 6
employment practices described in paragraph 7 and other benefit losses in amounts to be determined at trial.
E. Order Defendant to make whole Beatrice Jones, and other affected individuals by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain and suffering, inconvenience, loss of enjoyment of life, and humiliation, in amounts to be determined at trial;
F. Order Defendant to pay Beatrice Jones and other affected individuals punitive damages for its malicious and reckless conduct, as described in paragraph 7 above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
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, C.GREGORYSTEWART General Counsel No Bar Roll No. Assigned
5

Case 3:99-cv-00317-RGJ-KLH Document 5 Filed 06/11/1999 Page 6 of 6
~~
--KElT T. HILL Regional Attorney W.D. Bar Roll No. 8000072

Supervisory Trial orney I

W.D. Bar Roll No.800078

~
~ ;;

--

Senior Trial Attor La. Bar Roll No. 16784
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Ave., Suite 600 New Orleans, LA 70113 Telephone: (504) 589-2011
589-6817

AGENT FOR SERVICE OF PROCESS:
Through Its Agent For Service Of Process: C. T .Corporation Systems 8550 United Plaza Boulevard Baton Rouge, Louisiana 70809 (504) 922-4490
pag/19:security.complaint:11299.
6

 
 Case 3:99-cv-00317-RGJ-KLH Document 17 Filed 07/21/2000weSUTPE. RSaN.gDDeIISS1TTRRoICIfCT1OTFCLOOUURISTIANA
FI LED

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

MONROE DIVISION

I

BY _ _~~~~_

UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CIVIL ACTION NO. 99-0317

VERSUS
SECURITY FINANCE CORPORATION D/B/A SECURITY FINANCE CORPORATION OF LOUISIANA

JUDGE JAMES MAGISTRATE JUDGE HAYES

FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE

Considering the Motion to Dismiss and finding there good cause for the granting of

same:

IT IS ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss filed by the United States Equal Employment Opportunity Commission be and is hereby granted.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the above

captioned lawsuit and all claims asserted therein against the named defendants and all

substituted party defendants be and are hereby dismissed with prejudice.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the parties shall

bear their own respective costs including attorneys fees, court costs and expenses.

-z..\ THUS DONE AND SIGNED on this - - - - -

J GENT ENTERED

2000.

I

.

@ 291~.1

 
 CM/ECF - U.S. District Court:Western District of Louisiana - Docket R... https://ecf.lawd.uscourts.gov/cgi-bin/DktRpt.pl?580678348079243-L_9...

U.S. District Court Western District of Louisiana (Monroe) CIVIL DOCKET FOR CASE #: 3:99-cv-00317-RGJ-KLH

CLOSED

E E O C v. Security Fin Corp

Date Filed: 02/22/1999

Assigned to: Judge Robert G James

Jury Demand: Plaintiff

Referred to: Magistrate Judge Karen L Hayes (DEACTIVATED) Nature of Suit: 440 Civil Rights: Other

Demand: $0

Jurisdiction: U.S. Government Plaintiff

Cause: 42:2000 Job Discrimination (Race)

Plaintiff
Equal Employment Opportunity Commission

represented by Pamela Alfred-George E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jeffery T Agular E E O C 701 Loyola Ave Ste 600 New Orleans, LA 70113 504-589-6817

Keith T Hill E E O C (HOU) 1919 Smith St Ste 700 Houston, TX 77002-8049 US 713-209-3320 Fax: 209-3381

V.
Defendant
Security Finance Corp doing business as Security Finance Corp of Louisiana

represented by Joel P Babineaux Perret Doise P O Drawer 3408 Lafayette, LA 70502 337-262-9000 Fax: 262-9001 Email: jbabineaux@perretdoise.com LEAD ATTORNEY

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ATTORNEY TO BE NOTICED
Maria F Manuel Onebane Law Firm P O Box 3507 Lafayette, LA 70502-3507 337-237-2660 Fax: 266-1232 Email: manuelm@onebane.com ATTORNEY TO BE NOTICED

Date Filed 02/22/1999 02/22/1999 02/23/1999 05/24/1999 06/09/1999 06/11/1999 06/11/1999 07/16/1999
08/18/1999

#

Docket Text

CASE ASSIGNED to Magistrate Judge Karen L Hayes for discovery. (Prest, B) (Entered: 02/24/1999)
1 COMPLAINT filed w/jury demand. (Prest, B) (Entered: 02/24/1999)
TYPE OF FEE: FILING; FEE not paid; Amount of fee $0/USA Plaintiff. (former employee) (Entered: 02/23/1999)
2 ANSWER to Complaint by Security Fin Corp (former employee) (Entered: 05/27/1999)
3 MOTION with consent by E E O C for leave to amend [1-1] complaint with Proposed Order referred to Magistrate Judge Karen L Hayes (former employee) (Entered: 06/09/1999)
4 ORDER granting [3-1] motion for leave to amend [1-1] complaint (signed by Magistrate Judge Karen L Hayes) NOE by: dd (former employee) (Entered: 06/15/1999)
5 AMENDED COMPLAINT by E E O C , (Answer due 6/21/99 for Security Fin Corp) amending [1-1] complaint; jury demand (former employee) (Entered: 06/15/1999)
6 SCHEDULING ORDER: Jury Trial set for 9:00 2/7/00; Pretrial Conference set for 2:30 1/7/00; Joining of parties, amding of pleadings on 8/25/99; Pltf's expert info/rpts due 10/9/99; Discovery due 11/8/99; Dft's expert info/rpts due 11/8/99; Pretrial order to be submitted on or before 12:00 1/3/00; Deadline for filing of all motions 11/8/99; Expert depositions due 11/23/99; Plaintiff's counsel to host Conference to prepare PT order set for 12/8/99; Motions in limine due 12/23/99; Editing of Trial depositions/filing objections due 1/27/00; Trial inst., interr, etc due 1/27/00; Witness list due 9/9/99; deadlines set before Judge Robert G James (signed by Judge Robert G James) NOE by: sb (former employee) (Entered: 07/21/1999)
7 JOINT MOTION with consent by Security Fin Corp for continuance of trial , and rescheduling of deadlines with Proposed Order referred to Judge Robert G James (former employee) (Entered: 08/18/1999)

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08/23/1999
01/06/2000 01/14/2000 01/18/2000 01/18/2000
05/03/2000
05/10/2000 05/12/2000 06/30/2000 07/05/2000 07/20/2000 07/21/2000

8 ORDER granting [7-1] motion for continuance of trial, granting [7-2] motion rescheduling of deadlines. Jury Trial set for 2/7/00 before Judge Robert G James is canceled . This case is referred to Magistrate Judge Hayes for the purpose of conducting a telephone scheduling conference (signed by Judge Robert G James) NOE by: dd (former employee) (Entered: 08/24/1999)
9 MINUTE ENTRY: set rule 16 scheduling conference via telephone for 9:30 1/14/00 before Magistrate Judge Karen L Hayes ; counsel for plaintiff is to initiate the call (signed by Magistrate Judge Karen L Hayes) NOE by: tr (Reeves, T) (Entered: 01/10/2000)
Scheduling conference held (McInnis, S) (Entered: 01/19/2000)
10 MINUTE ENTRY of Rule 16 telephone scheduling conference held 1/14/00. Set Jury trial for 9:00 9/11/00 before Judge Robert G James ; Set pretrial conference for 9:00 8/11/00 before Judge Robert G James (signed by Magistrate Judge Karen L Hayes) NOE by: sme (McInnis, S) (Entered: 01/19/2000)
11 SCHEDULING ORDER: Jury Trial set for 9:00 9/11/00; Pretrial Conference for 9:00 8/11/00; Pretrial order to be submitted on or before 5:00 8/7/00; Joining of parties, amding of pleadings on 3/29/00; Witness list due 4/13/00; Pltf's expert info/rpts due 5/13/00; Dft's expert info/rpts due 6/12/00; Discovery due 6/12/00; Deadline for filing of all motions 6/12/00; Expert depositions due 6/26/00; Conference to prepare PT stips set for 7/12/00; Motions in limine due 7/27/00; Trial inst., interr, etc due 8/28/00; Trial depositions due 8/28/00; deadlines set before Judge Robert G James (signed by Magistrate Judge Karen L Hayes) NOE by: sem (McInnis, S) (Entered: 01/19/2000)
12 MINUTE ENTRY; set telephone scheduling conference for 10:30 5/10/00 before Magistrate Judge Karen L Hayes . Counsel for defendant is to initiate the conference call and is to have plaintiff's counsel on the phone before contacting Judge Hayes. (signed by Magistrate Judge Karen L Hayes) NOE by: sjd (Dean, S) (Entered: 05/04/2000)
Scheduling conference held (McInnis, S) (Entered: 05/15/2000)
13 MINUTE ENTRY of telephone Rule 16 conference held 5/10/00. Reset discovery due 7/12/00 ; Reset motion filing deadline for 7/12/00 (signed by Magistrate Judge Karen L Hayes) NOE by: sem (McInnis, S) (Entered: 05/15/2000)
14 LETTER by Joel P Babineaux to Clerk advising that the parties have agreed to a mutual dismissal of claims. Copy to Judge James; Magistrate Judge Hayes & Pamela Alfred-George (Dean, S) (Entered: 06/30/2000)
15 60 DAY ORDER of dismissal (signed by Judge Robert G James). NOE by: sem (McInnis, S) (Entered: 07/06/2000)
16 MOTION by E E O C to dismiss all claims with prejudice, each party to bear their own respective costs with Proposed Order referred to Magistrate Judge Karen L Hayes (McInnis, S) (Entered: 07/20/2000)
17 JUDGMENT granting [16-1] motion to dismiss all claims with prejudice, each party to bear their own respective costs. (signed by Magistrate Judge Karen L Hayes) NOE by: dd (Dickerson, D) (Entered: 07/21/2000)

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07/21/2000

Case closed (Dickerson, D) (Entered: 07/21/2000)

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