Case 5:06-cv-0077~OLG Document 1-1 Filed 09/t~1~12006 Page t of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

:ZI]I][ SEP 12 P}I h: 53

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,

06cA07 0(;
Civil Action No.

MCCOMBS PONTIAC-GMC TRUCK, LTD., Defendant.

COMPLAINT JURY TRIAL DEMAND

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, female and to provide appropriate relief to Griselda Martinez, who was adversely affected by such practices. More specifically, the Equal Employment Opportunity Commission (the "Commission") alleges that Griselda Martinez was subjected to unlawful discrimination when she was terminated from her position as a Finance Director with Defendant, McCombs PontiacGMC Truck, Ltd. (hereinafter "McCombs"), because of her sex.
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 Section 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 Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a.

Plaintiff Original Complaint

Page I

Case 5:06-cv-0077~ OLG Document 1-1 Filed 09/~112006 Page 2 of 5

2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Texas, San Antonio Division.
PARTIES 3. Plaintiff, the Commission, is the agency of the United States of America charged with the administration, interpretation, and enforcement of Title VII, and is expressly authorized to bring this action by Section706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times, Defendant McCombs, has continuously been a partnership doing business in the State of Texas and the City of San Antonio, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant McCombs has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Griselda Martinez filed a charge with the Commission alleging violations of Title VII by Defendant McCombs. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about May 10, 2005, Defendant McCombs engaged in unlawful employment practices at its San Antonio, Texas facility, in violation of Section 703(a) of Title VII, 42 U.S.C. § 2000e-2(a), in that Defendant, McCombs discriminated against Griselda Martinez by discharging her from the position of Finance Director because of her sex, female. 8. The effect of the practices complained of in paragraph seven above has been to deprive Griselda Martinez of equal employment opportunities and to otherwise adversely affect

Plaintiff Original Complaint

Page 2

Case 5: 06-cv-00771~i~tO LG Document 1-1 Filed 09/~2006 Page 3 of 5

her status as an employee because of her sex, female.

9. The unlawful employment practices complained of in paragraph seven above

were intentional.

10. The unlawful employment practices complained of in paragraph seven above

were done with malice or with reckless indifference to the federally protected rights of Griselda

Martinez.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant McCombs, its officers,

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

conduct which results in discharge because of sex or any other employment practice which

discriminates on the basis of sex;

B. Order Defendant McCombs to institute and carry out policies, practices, and

programs, which provide equal employment opporttmities for women, and which eradicate the

effects of its past and present unlawful employment practices;

C. Order Defendant McCombs to make whole Griselda Martinez by providing

appropriate back pay with prejudgment interest, in an amount to be determined at trial, and other

affirmative relief necessary to eradicate the effects of its unlawful employment practices,

including, but not limited to reinstatement of Griselda Martinez or front pay in lieu thereof;

D. Order Defendant McCombs to make whole Griselda Martinez by providing

compensation for past and future pecuniary losses resulting from the unlawful employment

practices described in paragraph seven above, including, but not limited to, relocation expenses,

medical expenses and job search expenses, in an amount to be determined at trial;

Plaintiff Original Complaint

Page 3

Case 5:06-cv-0077~ OLG Document 1-1 Filed 09/~2006 Page 4 of 5
E. Order Defendant McCombs to make whole Griselda Martinez by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including, but not limited to, emotional pain and suffering, humiliation, anxiety, inconvenience, mental anguish, and loss of enjoyment of life, in an amount to determined at trial;
F. Order Defendant McCombs to pay Griselda Martinez punitive damages for its malicious and/or reckless conduct described in paragraph seven above, in an amount to be determined at trial;
Go Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, RONALD S. COOPER General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel
Regional Attorney Oklahoma State Bar No. 011782

Plaintiff Original Complaint

Page 4

Case 5:06-cv-00771~i~OLG Document 1-1 Filed 09/~2006 Page 5 of 5
ROBERT B. HARWIN Associate Regional Attomey District of Columbia Bar No. 076083
EDWARD JUAREZ// Trial Attorney Texas Bar No. 24014498 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office 5410 Fredericksburg Rd., Suite 200 San Antonio, Texas 78229-3555 Telephone: (210) 281-7613 Facsimile: (210) 281-7669 ATTORNEYS FOR PLAINTIFF

Plaintiff Original Complaint

Page 5

 
 Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 1 of 7

FILED

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

FEB 1 3 2008
CLERK, U.
WE~TERN

EQUAL EMPLOYMENT OPPORTUNITY

§

BY ____~~~~~

COMMISSION,

§

§

Plaintiff,

§

§

v.

§ Civil Action No. SA06CA07750G

§

§

MCCOMBS PONTIAC-GMC TRUCK, LTD., §

§

Defendant.

§

CONSENT DECREE

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

Opportunity Commission ("EEOC"), and Defendant, McCombs Pontiac-GMC Truck, Ltd.

("McCombs"). This Consent Decree resolves the allegations raised by the EEOC in the above-

referenced Civil Action No. SA06CA07750G.

The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended,

and Title I of the Civil Rights Act of 1991, alleging unlawful employment practices on the basis of

sex, female. Specifically, the EEOC alleges that Griselda Martinez was subjected to unlawful sex

discrimination when she was terminated from her position. McCombs has denied all the allegations

in the lawsuit, asserting that it committed no wrongdoing and that its decisions with regard to Ms.

Martinez were proper, non-discriminatory and legal. By entering into this Consent Decree, McCombs

makes no admission of wrongdoing and makes no admission that its conduct was improper,

discriminatory or illegal in any respect.

The EEOC and McCombs wish to settle this action, without the risks, uncertainties and

expenses of continued litigation; under the terms set forth the Consent Decree.

Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 2 of 7
IT IS DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties,
venue is proper, and all administrative prerequisites to the EEOC's filing of this action have been met. The parties stipulate to the Court's jurisdiction.
2. This Consent Decree resolves all issues raised in the EEOC's Complaint. The EEOC waives further litigation of all issues raised in the above·referenced Complaint. The EEOC expressly reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Defendant McCombs.
3. The duration of this Consent Decree shall be two (2) years from the date it is entered by the Court. The Court shall retain jurisdiction of this action during the period of this Consent Decree and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement if its provisions.
4. During the duration of this Consent Decree, McCombs is hereby enjoined from engaging in sex-based discrimination against female employees in violation of Title VII.
5. Non-discrimination Policies: Defendant McCombs shall ensure that within ninety (90) days of the entry of this Consent Decree, that its non-discrimination policies meet the following criteria:
(a) Specifically state that McCombs prohibits discrimination against female employees on the basis of sex particularly with regard to discharges or terminations;
(b) State that retaliating against employees who report discrimination is prohibited; and
(c) Provide for discipline for violating McCombs' anti·discrimination policies up to and including discharge.
6. Within fourteen (14) days of the entry of this Consent Decree, McCombs, in settlement of this dispute, shall pay to Griselda Martinez, the sum total of $125,000.00 (One
2

Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 3 of 7
Hundred and Twenty·Five Thousand Dollars), less all required federal and/or state deductions. Payment to Griselda Martinez shall be mailed to 2079 Sungate Dr., New Braunfels, Texas 78130. A copy of the settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Judith G. Taylor, Supervisory Trial Attorney, 5410 Fredericksburg Rd., Suite 200, San Antonio, Texas 78229.
7. Within one hundred and eighty (180) days from the date of this Consent Decree, McCombs shall provide at least three (3) hours of training to its managers, supervisors and employees, about sex·based employment discrimination, how to ensure that employees are not terminated because of their sex, and about the prohibition against retaliating against employees who report discrimination. The individual(s) selected to conduct this training shall be an attorney or an independent experienced training person or group (with at least five years' experience in labor and employment law), and the EEOC shall have the right to approve the training and the instructor(s). Within twenty (20) days after the training has been completed, McCombs shall provide to the EEOC certification that the training has been completed, identifying each individual who attended the training and the date.
8; Defendant McCombs agrees to post a notice, for two (2) years, of its intent to comply with Title VII. This notice is set forth in Exhibit "A," which is attached to this Consent Decree. McCombs agrees to post a copy of Exhibit "A" in a conspicuous place at McCombs facilities in San Antonio, Texas, within ten (10) days after this Consent Decree is entered by the Court. McCombs shall ensure that the posting is not altered, defaced or covered by any other material.
9. McCombs shall bear the costs associated with administering and implementing the provisions of this Consent Decree.
3

Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 4 of 7

10. Except as provided herein, the parties to this Consent Decree shall bear their own

costs and attorney's fees. Furthermore, the parties agree that pursuant to Section 706(k) of Title

VII, 42 U.S.C. § 2000e-5(k), there is no "prevailing party" in this action or proceeding.

11. The terms of this Consent Decree shall be binding upon the EEOC and McCombs,

its agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.

12. When this Consent Decree requires the submission by McCombs of documents or

other materials to EEOC, such documents or other materials shall be mailed to Judith G. Taylor,

Supervisory Trial Attorney, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.

!c ~ay SO ORDERED AND ENTERED this

of

~, 2008.

iAJJ ~·t

HONORABLE ORLANDO L. GARCIA UNITED STATES DISTRICT JUDGE

Respectfully submitted,
RONALD S. COOPER General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
()~lJ {~1f,t?t' 6~ (, V,!/t!
RO~ERT A. CANINO ....riJL"';(.I-;nr--
ReglOnal Attorney:/'Oklahoma State Bar No. 011782

4

Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 5 of 7

Attorney State Bar No. 01805915
J. TULLOS WELLS Attorney Texas State Bar No. 21146500
BRACEWELL & GIULIANI LLP 111 Congress Avenue, Suite 2300 Austin, Texas 78701 Telephone: (512) 494-3677 Facsimile: (512) 479-3907
ATTORNEYS FOR DEFENDANT

Su ervisory Trial ttomey ~ as State Bar No. 19708300
-mail: ;udith.taylor@eeoc.gov
~b
EDWARD JUAREZ Trial Attorney Texas State Bar No. 24014498 E-mail: eduardo.juarez@eeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio District Office 5410 Fredericksburg Rd., Ste 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7613 Facsimile: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

5

Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 6 of 7
EXHIBIT A
POLICY: Discrimination of any kind can and often will detract from an employee's job performance, discourage employees from remaining on the job, keep employees from advancing in their careers and lower overall employee morale and productivity. It is the policy of McCombs Pontiac~GMC Truck, Ltd. that discrimination and retaliation are unacceptable conduct and will not be condoned.
PURPOSE: It is the purpose of this policy to reaffirm and amplify the position of Title VII of the Civil Rights Act of 1964, as amended, and the Equal Employment Opportunity Commission's guidelines on discrimination and/or retaliation and to reiterate McCombs PontiacGMC Truck, Ltd.' s policy against discrimination and/or retaliation.
SCOPE: This policy extends to all employees of McCombs Pontiac-GMC Truck, Ltd., including management, non-management, temporary andlor probationary.
DEFINITION: Disc rimination occurs when an employment decision is made based on a person's race, national origin, gender, color, religion, age or disability rather than on legitimate factors. In particular, discrimination occurs when an employee is terminated because of his or her sex.
RESPONSIBILITY: Each level of management is responsible for ensuring that all personnel policies, procedure, and activities are in full compliance with applicable federal, state, and local equal employment laws, statute, rules, and regulations regarding discrimination and retaliation. Employees are expected to read, understand, and follow the policies that McCombs PontiacGMC Truck, Ltd. has established to prevent discrimination and retaliation.
REPORTING PROCEDURES: Any employee who believes that he or she has been subjected to discrimination andlor retaliation is expected to report the alleged act as soon as possible to that person's immediate supervisor or any supervisor or manager with McCombs Pontiac-GMC Truck, Ltd., or to its Human Resources Department. The Human Resources Department may be contacted at McCombs Enterprises, McCombs Plaza, 755 E. Mulberry, Suite 600, San Antonio, Texas 78212, or by telephone at (210) 821-6523. Supervisors and managers who are informed of an alleged incident of discrimination and/or retaliation must immediately notify the Human Resource Department.
In addition to reporting a complaint of discrimination and/or retaliation to company officials, a person may also contact U.S. Equal Employment Opportunity Commission, and file a charge of employment discrimination. The address and telephone number of the EEOC office is 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229; 1 (866) 408-8075, 1 (800) 669-4000 OR 1 (210) 281-7610 (TTY). Information about employment rights and the procedures dealing with how to file a charge is available on the Internet at www.eeoc.gov.

Case 5:06-cv-00775-OLG Document 33 Filed 02/13/2008 Page 7 of 7
INVESTIGATION OF COMPLAINTS: A complete investigation of each complaint will be undertaken immediately by McCombs Pontiac andlor the Human Resources Department. The investigation may include interviewing employees and supervisors at the facility, the inspection of documents, including personnel records, and a full inspection of the premises.
PUNISHMENT FOR VIOLATION: Employees who engaged in discrimination can expect disciplinary action. After an appropriate investigation, any employee,. whether management or non-management, who has been found to have engaged discrimination andlor retaliation against another employee will be subject to appropriate sanctions, depending on the circumstances, from a written warning placed in hislher personnel file up to and including termination of employment.
RETALIATION: There shall be no retaliation against any employee because that person has opposed what helshe believe to be unlawful employment practices; or has filed a charge of discrimination, or has given testimony, assistance, or has participated in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of 1964. McCombs Pontiac-GMC Truck, Ltd. will not punish you for reporting discrimination and lor retaliation simply because you have made a complaint under the above guidelines or participated in the EEOC's investigatory process.
THIS IS AN OFFICIAL NOTICE AND MUST NOT BE REMOVED OR DEFACED BY ANYONE. THIS NOTICE WILL BE POSTED FOR A PERIOD OF TWO YEARS.

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?583283678788336-L_1...

CLOSED, NSN, STAYED
U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:06-cv-00775-OLG

Equal Employment Opportunity Commission v. McCombs Pontiac-GMC Truck, Ltd. Assigned to: Judge Orlando L. Garcia Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/12/2006 Date Terminated: 02/13/2008 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Edward Juarez U.S. EEOC San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7613 Fax: (210) 281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office 5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7637 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

1 of 6

3/24/2008 5:58 PM

CM/ECF LIVE - U.S. District Court:txwd
V. Defendant McCombs Pontiac-GMC Truck, Ltd.
Neutral Philip J. Pfeiffer
2 of 6

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?583283678788336-L_1...
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov TERMINATED: 07/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Julia M. Rendon Valero Energy Corp. One Valero Way-F2-216 San Antonio, TX 78249 (210) 226-1166 Fax: 210/226-1133 Email: julia.rendon@valero.com TERMINATED: 12/12/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lacey L. Gourley Bracewell & Giuliani LLP 111 Congress Avenue , Suite 2300 Austin, TX 78701-4043 (512) 494-3677 Fax: 512/479-3907 Email: lacey.gourley@bgllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Philip J. Pfeiffer Fulbright & Jaworski, L.L.P. 300 Convent Suite 2200 San Antonio, TX 78205 (210) 270-7117 Fax: 210/270-7205
3/24/2008 5:58 PM

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?583283678788336-L_1...

Email: ppfeiffer@fulbright.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/12/2006 09/12/2006 09/12/2006 10/06/2006 11/13/2006 12/11/2006 12/21/2006 12/21/2006 01/10/2007 01/19/2007
01/26/2007 01/26/2007
01/30/2007

# Docket Text
If ordered by the court, all referrals will be assigned to Magistrate Judge Nowak (ga) (Entered: 09/13/2006)
1 COMPLAINT , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil cover sheet)(ga) (Entered: 09/13/2006)
Remark - No summons issued at this time. (ga) (Entered: 09/13/2006)
2 WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission as to McCombs Pontiac-GMC Truck, Ltd.. Waiver sent on 9/14/2006, answer due 11/13/2006. (rg1, ) (Entered: 10/10/2006)
3 ANSWER to Complaint by McCombs Pontiac-GMC Truck, Ltd.(tm) (Entered: 11/14/2006)
4 Notice of Substitution of Counsel: Defendant's Notice of Substitution of Counsel (Gourley, Lacey) (Entered: 12/11/2006)
5 STATUS REPORT Joint Rule 26(f) Report by Equal Employment Opportunity Commission and McCombs Pontiac-GMC Truck, LTD. (Juarez, Edward) Modified on 12/21/2006 to add filer (tm). (Entered: 12/21/2006)
Notice to attorneys : re 5 Status Report. Docket text was modified to add McCombs Pontiac-GMC Truck, LTD as a filer. (tm) (Entered: 12/21/2006)
6 Proposed Scheduling Order by Equal Employment Opportunity Commission, McCombs Pontiac-GMC Truck, Ltd.. (Attachments: # 1)(Juarez, Edward) (Entered: 01/10/2007)
7 SCHEDULING ORDER: Notice of right to consent to disposition of a civil case by a U.S. Magistrate Judge. Jury Selection set for 10/9/2007 09:30AM before Honorable Orlando L. Garcia. Jury Trial set for 10/9/2007 09:30 AM before Honorable Orlando L. Garcia. ADR Report Deadline due by 3/13/2007. Amended Pleadings due by 3/28/2007. Discovery due by 7/11/2007. Mediation due by 5/18/07. Dispositive Motions due by 7/26/2007.. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/19/2007)
8 Agreed MOTION for Protective Order with Proposed Order by Equal Employment Opportunity Commission, McCombs Pontiac-GMC Truck, Ltd.. (Gourley, Lacey) (Entered: 01/26/2007)
**Notice of Correction: re 8 Agreed MOTION for Protective Order with Proposed Order. When Motion for Protective Order was filed by attorney, Lacey Goutley was added as counsel for plaintiff in error. She has been deleted as attorney of record for Plaintiff.** (tm) (Entered: 01/26/2007)
9 PROTECTIVE ORDER. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/30/2007)

3 of 6

3/24/2008 5:58 PM

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?583283678788336-L_1...

03/06/2007 03/12/2007 05/17/2007 05/30/2007 05/31/2007 05/31/2007 07/12/2007 08/02/2007 08/07/2007 10/01/2007
10/03/2007 10/09/2007
10/11/2007
10/11/2007

10 ADR Report Filed - CONSENT to Alternate Dispute Resolution (ADR) by Equal Employment Opportunity Commission(Juarez, Edward) (Entered: 03/06/2007)
11 ADR Report Filed - by McCombs Pontiac-GMC Truck, Ltd.(Gourley, Lacey) (Entered: 03/12/2007)
12 Notice of Alternative Dispute Resolution Outcome: Did not settle.(Juarez, Edward) (Entered: 05/17/2007)
13 Joint MOTION to Extend Scheduling Order Deadlines by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juarez, Edward) (Entered: 05/30/2007)
14 ORDER granting 13 Motion to Extend Scheduling Order Deadlines. Discovery due by 10/15/2007. Dispositive Motions due by 11/15/2007. Signed by Judge Orlando L. Garcia. (tm) (Entered: 05/31/2007)
Jury Selection reset for 1/28/2008 09:30AM before Honorable Orlando L. Garcia. Jury Trial reset for 1/28/2008 09:30 AM before Honorable Orlando L. Garcia. Trial reset pursuant to Court's Order 14 (tm) (Entered: 05/31/2007)
15 NOTICE Of Counsel's Retirement by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 07/12/2007)
16 DESIGNATION OF EXPERT WITNESS by McCombs Pontiac-GMC Truck, Ltd.. (Attachments: # 1 Exhibit Tab 1# 2 Exhibit Tab 2)(Gourley, Lacey) (Entered: 08/02/2007)
17 NOTICE of Vacation by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 08/07/2007)
18 Miscellaneous Objection Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition of 30(B)(6) Corporate Representative of McCombs Pontiac-GMC Truck, Ltd. by McCombs Pontiac-GMC Truck, Ltd.. (Attachments: # 1 Exhibit 1)(Gourley, Lacey) (Entered: 10/01/2007)
19 RESPONSE to 18 Miscellaneous Objection, by Equal Employment Opportunity Commission. (Attachments: # 1 Supplement)(Juarez, Edward) (Entered: 10/03/2007)
20 RESPONSE Defendant's Reply to Plaintiff EEOC's Response to Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition of 30(B)(6) Corporate Representative of McCombs Pontiac-GMC Truck, Ltd. to 18 Miscellaneous Objection, by McCombs Pontiac-GMC Truck, Ltd.. (Gourley, Lacey) (Entered: 10/09/2007)
21 RESPONSE to Defendant's Reply to Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition 18 by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Juarez, Edward) Modified on 10/11/2007 to reflect pleading the sur-reply is to (tm). (Entered: 10/11/2007)
**Notice of Correction: re 21 Response. The docket text was modified by the clerk to reflect that pleading in which the plaintiff filed their sur-reply to was 18 Defendant's Objections to Plaintiff's Notice of Intent to Take Oral Deposition of 30(B)(6) Corporate Representative of McCombs Pontiac-GMC Truck, Ltd.**

4 of 6

3/24/2008 5:58 PM

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?583283678788336-L_1...

10/11/2007 11/30/2007 11/30/2007 12/06/2007 12/28/2007 12/31/2007 12/31/2007 01/07/2008 01/07/2008 01/17/2008 01/17/2008 01/17/2008
02/07/2008
02/07/2008

(tm) (Entered: 10/11/2007)
22 ORDER that 18 Defendant's objections are SUSTAINED. Signed by Judge Orlando L. Garcia. (tm) (Entered: 10/11/2007)
23 Motion for Status Conference by McCombs Pontiac-GMC Truck, Ltd. (Attachments: # 1 Proposed Order)(Gourley, Lacey) Modified on 11/30/2007 to edit text (tm). (Entered: 11/30/2007)
**Notice of Correction: re 23 MOTION for Status Conference. Pleading was docketed incorrectly by cousel as a notice. Docket text has been edited by the clerk to reflect pleading as a motion. ** (tm) (Entered: 11/30/2007)
24 NOTICE of Vacation by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 12/06/2007)
25 Pretrial Disclosures by McCombs Pontiac-GMC Truck, Ltd.. (Gourley, Lacey) (Entered: 12/28/2007)
26 MOTION for Extension of Time to File Rule 26(a)(3) Disclosures by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juarez, Edward) (Entered: 12/31/2007)
27 WITNESS/EXHIBIT LIST by Equal Employment Opportunity Commission. (Juarez, Edward) (Entered: 12/31/2007)
28 ORDER ( Pretrial Conference set for 1/24/2008 01:30 PM before Judge Orlando L. Garcia.). Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/07/2008)
29 ORDER granting 26 Motion for Extension of Time to File Rule 26(a)(3) Pretrial Disclosures. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/07/2008)
30 NOTICE of Settlement by Equal Employment Opportunity Commission and McCombs Pontiac-GMC Truck, Ltd. (Juarez, Edward) Modified on 1/17/2008 to add filer (tm). (Entered: 01/17/2008)
**Notice of Correction: re 30 Notice of Settlement. Docket entry was edited by the clerk to select McCombs Pontiac-GMC Truck LTD as an additional filer.** (tm) (Entered: 01/17/2008)
31 ORDER for Settlement Papers: parties shall submit a stipulation of dismissal or agreed judgment by 2/11/08. Pending 23 MOTION for Status Conference filed by McCombs Pontiac-GMC Truck, Ltd. is DENIED. The trial setting and pretrial conference is cancelled. Signed by Judge Orlando L. Garcia. (tm) (Entered: 01/17/2008)
32 Joint MOTION for Settlement to Enter Consent Decree by Equal Employment Opportunity Commission and McCombs Pontiac-GMC Truck, Ltd. (Attachments: # 1 Consent Decree, # 2 Exhibit A of Consent Decree, # 3 Proposed Order)(Juarez, Edward) Modified on 2/7/2008 add additional filer (tm). (Entered: 02/07/2008)
**Notice of Correction: re 32 Joint MOTION for Settlement to Enter Consent Decree. Docket entry modified by the clerk to select defendant as an additional filer.** (tm) (Entered: 02/07/2008)

5 of 6

3/24/2008 5:58 PM

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

https://ecf.txwd.uscourts.gov/cgi-bin/DktRpt.pl?583283678788336-L_1...

02/13/2008 02/13/2008

33 CONSENT DECREE. Signed by Judge Orlando L. Garcia. (tm) (Entered: 02/13/2008)
34 FINAL JUDGMENT and Order Entering Consent Decree. Signed by Judge Orlando L. Garcia. (tm) (Entered: 02/13/2008)

PACER Service Center

Transaction Receipt

03/24/2008 17:57:53

PACER Login:

wu0079

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 4

Cost:

eeoc 5:06-cv-00775-OLG 0.32

6 of 6

3/24/2008 5:58 PM