UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff

05 2888 CIVIL ACTION:
SECTION: JUDGE:

versus
THE KANSAS CITY SOUTHERN RAILWAY COMPANY,
Defendant

JURY TRIAL DEMANDED
5
MAG. NUMBER: MAGISTRATE:

COMPLAINT AND JURY DEMAND NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964 ("Title VII" or the "statute"), and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of race (Black) and retaliation, and to provide appropriate relief to the following individuals, as well as any others in like and related circumstances: (1) Thomas D. Turner ("Turner"); (2) Jesse J. Frank ("Frank"); (3) Clarence Cargo ("Cargo"); (4) Lester Thomas ("Thomas"); (5) Donald McNeal ("McNeal"); and (6) Roberta Brown ("Brown") (sometimes hereinafter referred to collectively as the "Identified Aggrieved Parties"). The Commission alleges that Defendant discriminated against

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the Identified Aggrieved Parties on the basis of their race (Black) through unlawful disciplinary actions. The Commission also alleges that Defendant unlawfully retaliated against Clarence Cargo and Roberta Brown for engaging in activity protected by Title VII of the Civil Rights Act of 1964, as amended, in violation of that statute. The Commission’s allegations are discussed with greater particularity in paragraph 7 below.
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. Section 2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a. 2. Most of the employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana. Identified Aggrieved Parties Turner, F rank, C argo, and Thomas worked for Defendant i n New Orleans, Louisiana at the time they suffered the employment actions which are the subject of this lawsuit.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. Section 20003-5(f)(1) and (3). 4. At all relevant times, Defendant, The Kansas City Southern Railway Company (the "Employer" or "Defendant"), has continuously been a Missouri Corporation doing business in the State of Louisiana and the City of New Orleans, and has continuously had at least 15 employees.
-2-

Defendant was the employer of all of the Identified Aggrieved Parties at the time of the employment

actions challenged herein.

5. At all relevant times, Defendant has continuously been an employer engaged in an

industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42

U.S.C. §§ 2000e(b), (g) and (h).

STATEMENT OF CLAIMS

More than thirty days prior to the institution of this lawsuit, the Identified Aggrieved

Parties filedcharges with the Commission alleging violations of Title VII by the Employer. All

conditions precedent to the institution of this lawsuit have been fulfilled.

7. Since at least October of 2002, Defendant has engaged in unlawful employment

practices in New Orleans, Louisiana, in Shreveport, Louisiana, and Lake Charles, Louisiana, in

violation of Section 703(a) and 704(a) of Title VII, 42 U.S.C. § 2000e-2(a) and §2000e-3(a). Specifically:

Ao

TURNER. On or about October 23, 2002, Defendant terminated the employment

of Turner on the basis of his race (Black), in violation of Title VII.

B°

FRANK. On or about February 5, 2003, Defendant suspended Frank for 90 days on

the basis of his race (Black), in violation of Title VII.

Co

CARGO. On or about May 29, 2003, Defendant suspended Cargo for 45 days on the

basis of his race (Black), and/or in retaliation for engaging in protected activity, in

violation of Title VII. On or about November 4, 2003, Defendant suspended Cargo

because of his race and/or in retaliation for engaging in activity protected by Title

VII. On or about January 23, 2004, Defendant terminated the employment of Cargo

on the basis of his race, and/or in retaliation for engaging in protected activity, in

violation of Title VII.

Do

THOMAS. On or about March 12, 2004, Defendant terminated the employment of

Thomas on the basis of his race (Black), in violation of Title VII.

-3-

Eo

MCNEAL. On or about June 24, 2003, Defendant terminated the employment of

McNeal on the basis of his race (Black), in violation of Title VII.

Fo

BROWN. On or about November 25, 2003, Defendant suspended Brown for 30

days on the basis of race (Black) and/or in retaliation for engaging in protected

activity, thereby violating Title VII. O n o r about January 16, 2004, Defendant

terminated the employment o fBrown in retaliation for engaging in protectedactivity,

in violation of Title VII.

8. The effects of the practices complained of in paragraph 7 above have been to deprive

the Identified Aggrieved Parties, and all persons in like or related circumstances, of equal

employment opportunities and to otherwise adversely affect their status as employees, because of

race and opposition to practices made unlawful under Title VII of the Civil Rights Act of 1964, as

amended.
°

The unlawful employment practices complained of in paragraph 7 above were

intentional.

10. The unlawful employment practices complained of in paragraph 7 were done with

malice or with reckless indifference to the federally protected rights of the Identified Aggrieved

Parties.

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 racial discrimination,

retaliation, and any other employment practices which discriminate on the basis of race and

retaliation.

-4-

B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black persons and for employees who oppose unlawful employment practices, and which eradicate the effects of its past and present unlawful employment practices, including but not limited to training of personnel concerning Equal Employment Opportunity law.
C. Order Defendant to make whole the Identified Aggrieved Parties, and all those individuals in like or related situations, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawfuel mployment practices including but not limited to compensatory and punitive damages.
D. Order Defendant to make whole the Identified Aggrieved Parties, and all those individuals in like or related situations, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7, including but not limited to job search expenses in amounts to be determined at trial.
E. Order Defendant to make whole the Identified Aggrieved Parties, and all those individuals in like or related situations, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay the Identified Aggrieved Parties, and all those individuals in like or related situations, putiitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
-5-

Go
interest. H.

Grant such further relief as the Court deems necessary and proper in the public 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.
ERIC S. DREIBAND General Counsel No Bar Roll Number Assigned
JAMES L. LEE Deputy General Counsel No Bar Roll Number Assigned
GWENDOLYN YOUNG REAMS Associate General Counsel No Bar Roll Number Assigned

Regional Attorney E.D. Bar Roll No. 15200000
MICHELLE T. BUTLER Supervisory Trial Attorney Bar Roll.No. 1286

Senior Trial At~orn~-Jey Bar Roll No. 20890

-6-

REGISTERED AGENT FOR SERVICE OF PROCESS:
C T CORPORATION SYSTEM 8550 UNITED PLAZA BLVD. BATON ROUGE, LA 70809

N. ELEANOR GRAHAM (T.A.) Senior Trial Attorney Bar Roll No. 16946
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue Suite 600 New Orleans, LA 70113 Tel: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-2663 (Juge) (504) 589-6922 (T.A. Graham) Fax: (504) 589-2805
COUNSEL FOR PLAINTIFF, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

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~J$44 (Rev. 11/04)

CIVIL COVER SHEET 05 "

[’he JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings pr’~ther’][~lSers as reffflll~ Bl~lal~, ~l]~t ~kp~ide( .~y Io~. O.m,l~ of.court. This form, approved by the Judicial Conference of the United States in September 1974, is required for t]a¢ use of the Clerk of Court for the purpose o~iatin$ ne Civil oocget Sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

[. (a) PLAINTIFFS Equal Employment Opportunity Commission

DEFENDANTS The Kansas City Southern Railway Company

(b) County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF CASES)
Attorney’s ffirm Name, Address, and Telephone Number) N. Eleanor Graham, EEOC, 701 Loyola Avenue, New Orleans, La 70113 (504) 589-6817

~ of Residence of First Listed Defendant ~ (IN U.S. PLAINTIFF CASES ONLY)
NOTE: 1N LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
Attomcys (If Known)

[I. BASIS OF JURISDICTION (Place an "x" in on¢ Box Only)

U.S. Government Plaintiff

O 3 Federal Question (U.S. Government Not a Pa~)

III. CITIZENSHIP OF PRINCIPAL PARTIES(place an"x" in o~ Box for P~tifr

(For Diversity Cases Only)

and One BOx for Defendant)

PTF Citizen ofThis State

DEF O 1 O I lncorporated or Principal Place
of Business In This State

PTF DEF O 4 04

U.S. Government Defendant

0 4 Diversity (Indicate CMzenship of Pmt/es in Item Ill)

IV. NATURE OF SUIT ~Place an "X" in One Box Only/
TORTS

110 Insurance
120 Marine 130 Miller Act 140 Negotiable Instrument
150 Recovery of Overpayment & Enforcement of Judgment
151 Medicare Act 152 Recovery of Defaultod
Student Loans
(Excl. Veterans) 153 Recovery of Overpayment
of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise
REAL PROPERTY
2 ] 0 Land Condemnation 220 Foreclosure
230 Rent Lea~ & Ejectment 240 Torts to Land 245 Tort Product Liability
290 All Other Real Property

PERSONAL INJURY 310~lane 315 Ki~plane Product
Liability 320 Assault, Libel &
Slander 330 Federal Employers’
Liability 340 Marine 345 Marine Product
Liability 350 Motor Vehicle 355 Motor Vehicle
Product Liability 360 Other Personal
~ ’ CML RIGHTS 441 Voting
442 Employment 443 Housing/
Accommodations 444 Welfare 445 Amer. w/Disabilities -
Employment 446 Amer. w/Disabilities -

PERSONAL INJURY O 362 Personal Injury -
Med. Malpractice O 365 personal Injmy -
Product Liabil/ty O 365 Asbestos Personal
Injury Product Liability PERSONAL PROPERTY O 370 Other Fraud O 371 Troth in Lending O 380 Other Personal Property Damage 0 385 Property Damage
PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition

440 Other Civil Rights

CifizenofAnotherState
Citizen or Subject ofa Forei~ Country

O 2 O 2 Incorporated c~d Principal Place of Business In Another State
O 3 O 3 Foreign Nation

O5 O5 O 6 O 6

FORFEITURE/PENALTY ::
610 Agriculture 620 Other Food & Dntg 625 Drug Related Seizure
nf Property 21 USC 881 630 Liquor Laws 640 R.R. & Track 650 Airline Regs. 660 Occupational
690 Othes LABOR
710 Fair Labor Standards Act
720 Labor/Mgmt. Relations 730 Labor/Mgmt.Reporting
& Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc.
Security Act

422 Appeal 28 USC 158 423 Withdrawal
28 USC 157
PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark
SOCIAL SECURIT~ 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SS1D Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes CO.S. Plaintiff
or Defendant) 871 mS---Third Party
26 USC 7609

400 State Reappmfionment
410 Antitrmt 430 Banks and Banking 450 Commer~ 46o Deportatioa
470 Racketeer Influenced and Corrupt O~ganizations
480 Consantter Credit 490 Cable/Sat TV
810 Sele~ive Service 850 Securities/Commodities/
Exchange 875 Customer Challenge
12 USC 3410 890 Other Statutory A~ons S91 Agfi~’al A~ts
892 Econotmc Stabilization A~t 893 Environmental Matters
894 Ener~" Allo~tion Act 895 Frvodom of Information
A~t 900App~l ofF~ Detcrmin~o~
Und~ Equal At~ess to lu.stice
950 Co~dtution~ty of Sts~¢ Statu~

V. ORIGIN

l

¯ -

~ ~i

ng

(Place an "X" in One Box Only)

O 2 Removed from State Court

[~ 3 Remanded from Appellate Court

~ 4 Reinstated Reopened

or O 5 another disU’ict

O 6

(specifyT)ransferred fLr°mitigation

Multidistfict

Cite the U.S. Civil Statute under which you are filing (Do not cite |urisdietional statutes unless diversity): I Tiff VII of the Civil Rights Act of 1974 and Title I oftbe Civil Rights Act of 1991

jAudppgeeaflrtoomDisu, ict Magisu-ate Judgment

VII. REQUESTED IN x CHE~K IF THIS IS A CLASS ACTION
COMPLAINTI UNDER F.R.C.P. 23

VIII. RELATED CASE(S) IF ANY

(s~ inst~uctious): JUDGE

DEMAND $ --

)ATE

CHECK YES only if demanded in complaint: JURY DEMAND: x Yes O No
DOCKET NUMBER

FOROFFICE USE ON " RECEIPT #

AMOUNT

APPLYING IFP

/UDGE

MAG. JUDGE

 
 ¯

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 1 of 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

005 JUL 27 Pt’; 2:52

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff

)

) )

v.

)

)

THE KANSAS CITY SOUTHERN )

RAILWAY COMPANY,

)

Defendant

)

t ,.,-, G. WHY[E CLERi~ CIVIL ACTION NO. 05-2668
SECTION R
MAG. 5

AMENDED COMPLAINT AND JURY DEMAND NATURE OF THE ACTION
This action is brought 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 race (Black) and retaliation, and to provide appropriate relief to the following individuals, as well as any others in like and related circumstances: (1) Thomas D. Turner ("Turner"); (2) Jesse J. Frank ("Frank"); (3) Clarence Cargo ("Cargo"); (4) Lester Thomas ("Thomas"); and (5) Roberta Brown ("Brown") (sometimes hereinafter referred to collectively as the "Identified Aggrieved Parties"). The Plaintiff Equal Employment Opportunity Commission ("EEOC" or "Commission") alleges that Defendant discriminated against the Identified Aggrieved Parties on the basis of their race (Black) through unlawful disciplinary actions. The Commission also alleges that Defendant unlawfully retaliated against Clarence Cargo and Roberta Brown for engaging in activity protected by Title VII of the Civil Rights Act of 1964, as amended, in violation of that statute.The Commission’s allegations are discussed with greater particularity in paragraph 7 below.

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 2 of 7
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 Sections 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 pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. 2. The employment practices alleged to be unlawful were at all material times committed within the jurisdiction of the United States District Court for the Eastern District of Louisiana. Identified Aggrieved Parties Turner, Frank, Cargo, and Thomas worked for Defendant in New Orleans, Louisiana at the time they suffered the employment actions which are the subject of this lawsuit.
PARTIES 3. The EEOC 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 Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3). 4. At all relevant times Defendant, The Kansas City Southern Railway Company (the "employer" or "Defendant"), has continuously been a Missouri Corporation doing business in the State of Louisiana and the City of New Orleans, and has continuously had at least 15 employees. Defendant was the employer of all of the Identified Aggrieved Parties at the time of the employment actions challenged herein. 5. At all relevant times, Defendant continuously has been an employer engaged in an industry affecting commerce under Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e (b), (g) and (h).
2

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 3 of 7
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, the Identified Aggrieved Parties filed charges with the Commission alleging violations of Title VII by the Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least October of 2002, Defendant engaged in unlawful employment practices in New Orleans, Louisiana and in Shreveport, Louisiana in violation of Sections 703(a) and 704(a)ofTitle VII, 42 U.S.C. § 2000e-2(a) and §2000e-3(a). Specifically: A. Turner. On or about October 23, 2002, Defendant terminated the employment of
Turner on the basis of his race (Black), in violation of Title VII. B. Frank. On or about February 5, 2003, Defendant suspended Frank for 90 days on
the basis of his race (Black), in violation of Title VII. C. Cargo. On or about May 29, 2003, Defendant suspended Cargo for 45 days on
the basis of his race (Black) and/or in retaliation for engaging in protected activity, in violation of Title VII. On or about January 23, 2004, Defendant terminated the employment of Cargo on the basis of his race, and/or in retaliation for engaging in protected activity, in violation of Title VII. D. Thomas. On or about March 12, 2004, Defendant terminated the employment of Thomas on the basis of his race (Black), in violation of Title VII. E. Brown. On or about November 25, 2003, Defendant suspended Brown for 30 days on the basis of race (Black) and/or in retaliation for engaging in protected activity, thereby violating Title VII. On or about January 16, 2004, Defendant

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 4 of 7
terminated the employment of Brown in retaliation for engaging in protected activity, in violation of Title VII. 8. The effects of the practices complained of in paragraph 7 above has been to deprive the Identified Aggrieved Parties, and all persons in like or related circumstances, of equal employment opportunities and to otherwise adversely affect their status as employees because of race and opposition to discriminatory practices under title VII of the Civil Rights Act of 1964, as amended. The unlawful employment practices complained of in paragraph 7 above were intentional. 10. The unlawful employment practices complained of in paragraph 7 above were done with malice or reckless indifference to the federally protected rights of the Identified Aggrieved Parties and all persons in like or related circumstances.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, managers, successors, assigns, and all persons in active concert or participation with it, from engaging in racial discrimination by unlawful disciplinary actions, discriminatory retaliation, and any other employment practices which discriminate on the basis of race and retaliation. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Black persons and for employees who oppose unlawful employment practices, and which eradicate the effects of its past and
4

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 5 of 7
present unlawful employment practices, including but not limited to training of personnel concerning Equal Employment Opportunity law.
C. Order Defendant to make whole the Identified Aggrieved Parties, and all those individuals in like or related situations, by providing appropriate back pay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order Defendant to make whole the Identified Aggrieved Parties, and all those individuals in like or related situations, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7, including but not limited to job search expenses in amounts to be determined at trial.
E. Order Defendant to make whole the Identified Aggrieved Parties, and all those individuals in like or related situations, by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including compensatory damages of emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
F. Order Defendant to pay the Identified Aggrieved Parties, and all those individuals in like or related situations, punitive damages for its malicious and reckless conduct 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.
H. Award the Commission its costs of this action.
5

¯

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 6 of 7

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint.
ERIC S. DREIBAND General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel ;
I~ItH ~I’. HILL Regional Attorney
MICHELLE T. BUTLER Supervisory Trial Attorney Bar Roll No. 1286
N. ELEANOR GRAHAM, T.A. Senior Trial Attorney Bar Roll Number 16946 GREGORY T. JUGE Senior Trial Attomey Bar Roll Number 20890 Senior Trial Attorney U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New Orleans District Office 701 Loyola Avenue, Suite 600 New Orleans, Louisiana 70113 Telephone: (504) 589-3844 (Hill)
(504) 589-6942 (Butler) (504) 589-6922 (Graham) (504) 589-2663 (Juge)
Facsimile: (504) 589-2805 COUNSEL FOR PLAINTIFF, U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

6

Case 2:05-cv-02668-SSV-ALC Document 4 Filed 07/27/2005 Page 7 of 7
REGISTERED AGENT FOR SERVICE OF PROCESS: CT CORPORATION SYSTEM 8550 UNITED PLAZA BLVD. BATON ROUGE, LA 70809

 
 • Case 2:05-cv-02668-HGB-JCW

Document 15

• Filed 11/28/2005

Page 1 of 11

U.S. DISTfi,CT COURT EA!DTiiIN DUiiTRICT Of lO~S1ANA

FIt.l:D NOV 2 8 2005

UNITED STATES DISTRICT COURT

lOIIETTA G. WH\'JI

J CUR.
EASTERN DISTRICT OF LOUISIANA'----...:-....:..._ _.....

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND ROBERTA BROWN
Plaintiffs vs.
THE KANSAS CITY SOUTHER RAILWAY COMPANY
Defendants

Casa No. 05-2668 (Complaint filed 6/29105) (Amended Complaint filed 7127/05)
Civil Rights - Employment
Discrimination; 42 U.S.C. §§ 2000e,
et seq., 42 U.S.C. § 1981, &
SECT.? C-
MAG.-!r :L.-
DEMAND FOR JURY TRIAL

COMPLAINT IN INTERVENTION
NATURE OF THE ACTION

Pursuant to 42 U.S.C. §2000e-5(f)(1), Intervenor in Intervention ROBERTA

BROWN (hereinafter,"BROWN") moves to intervene in this action brought pursuant to

Title VII or the Civil Rights Ad of 1964 and Title I of the Civil Rights Act of 1991 against

Defendant The Kansas City Southern Railway Company ("KCS"), Defendant, to correct

unlawful employment practices on the basis of race, gender and retaliation, and to

provide appropriate relief to Charging Party ROBERTA BROWN, and similarly situated

individuals who were adversaly affected by such practices. Defendant KCS, which

operates a railroad in the State of Louisiana, subjected the above Charging Party and

1

Fee_._ _ __ p. ocess _ _ __

=1\ ./uktd_ _ _ __ CtRmDepl_ __ Doc. No. _ __

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 2 of 11

similarly situated black individuals to unlawful retaliation and discharge based on their race and against Mrs. Brown in particular due to her gender.
ROBERTA BROWN's additional claims against Defendant allege violations of the Civil Rights Act of 1866, 42 U.S.C. §1981, and 42 USC 2000e based on racial and gender discrimination, harassment, retaliation, and failure to take steps to prevent discrimination and harassment.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§4S1, 1331, 1337,
1343, 1345, and 1367. This action is authorized and instituted pursuant to §706(f)(1) and (3) otTilie 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, and the Civil Rights Act of 1866, 42 U.S.C. § 1981. 2. Venue is proper in the Eastern District of Louisiana under 28 U.S.C. § 1391(b), as a substantial part of the events and omissions giving rise to the the Equal Employment Opportunity Commission Amended Complaint occurred in Orleans Parish and Caddo Parish, Louisiana.
PARTIES 3. At all material times herein, Intervenor and Charging Party ROBERTA
2

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 3 of 11

BROWN ("BROWN") has continuously been a resident of Shreveport, Louisiana and a black female employee at KCS, and is an aggrieved party authorized to intervene under 42 U.S.C. §§2000e-5(f)(1).
4. Defendant Kansas City Railway Company, ("KCS", 'Employer" or "Defendanf) has continuously been a Missouri Corporation doing business in the Stae of Louisiana and the Parish of Orleans and Parish of Caddo, and has continuously had at least 15 employees. Defendant was the employer of Intervenor and all of the Identified Aggrieved Parties at the time of tha employment actions challenged herein.
5. Defendant KCS has continuously been an employer engaged in an industry affecting commerce, within the meaning of Section 701 (b), (g), and (h) of
Title VII, 42 U.S.C. § 20CH3(b), (g), and (h). FACTS COMMON TO MORE THAN ONE CLAIM
6. Intervenor ROBERTA BROWN incorporates herein, as if fully set forth, the allegations contained in paragraphs 6 through 10 of the Complaint filed by
the Equal Employment Opportunity Commission ("EEOC") in this action on June 29, 2005 and Paragraphs 6 through 10 of tha Amended Complaint filed by the Equal Employment Opportunity Commission ("EEOC") in this action on July 27, 2005.
3

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 4 of 11

7. Defendant KeS discriminated against ROBERTA BROWN because she is a black female. On or about November 25, 2003, Defendant suspended Brown for 30 days on the bases of her both her race and gender and/or in retaliation for engaging in protected activity, thereby violating Title VII. When Petitioner attempted to return to work after the suspension, management attempted to prevent her return to work.
B. Before her suspension, BROWN had complained to management about the treatment of other black employees regarding their terms and conditions of employment. She told the Defendant that the treatment of black employees was discriminatory.
9. On or about January 16, 2004, Defendant terminated Mrs. BROWN in retaliation for engaging in a protected activity and due to her gender and race in violation of Title VII.
10. ROBERTA BROWN's protests and complaints about Defendant's unlawful employment practices were a motivating reason for the actions and omissions of Defendants, and each of them, alleged herein. The acts and omissions of Defendants, and each of them, alleged herein were a substantial factor in causing Interveno~s harm.
11 . As a result of the acts and omissions of Defendants, and each of them, 4

• Case 2:05-cv-02668-HGB-JCW

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Page 5 of 11

alleged herein, ROBERTA BROWN has suffered and/or continues to
suffer compensatory damages in the form of past and future pacuniary losses, loss of benefits, medical expanses, emotional distress, anxiety,
and humiliation, in an amount to be proven at trial.
12. Defendant and its employees and agents committed the acts and
omissions alleged herein with malice, fraud or oppression, and with willful
and conscious disregard of ROBERTA BROWN's rights, thus entitling ROBERTA BROWN to an award of punitive damages. 13. As a result of the acts and omissions of Defendant and each of them
alleged herein, ROBERTA BROWN is entitled to the relief prayed for
hereinafter according to proof at time of trial. EXHAUSTION OF REMEDIES
14. On December 11, 2003, ROBERTA BROWN filed a timely charge of race
and gender discrimination and retaliation against her employer KCS with the EEOC and received a right to sue letter dated August 2, 2005 which is attached hereto as Exhibit 1 and incorporated by reference herein. All
condijions precedent to the institution of this lawsuit have been fulfilled.
5

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 6 of 11

FIRST CLAIM FOR RELIEF Discrimination Based On Race
[Title VII Of Civil Rights Act Of 1964, as amended in 1991 AND 42 USC 1981]
15. As a first, separate and distinct cause of action, ROBERTA BROWN complains against Defendant KCS for a cause of action alleges:
ROBERTA BROWN incorporates by reference Paragraphs 1-15, inclusive
as if fully set forth herein.
16. Since at least September 22,2003, Defendants KCS, its employees and agents harassed, suspended and terminated ROBERTA BROWN allegedly for poor job performance which is untrue. KCS engaged in unlawful practices of discrimination based on race in violation of §703(a) (1) of Title VII, 42 U.S.C. §2000e-2(a)(1) and 42 USC 1981 by subjecting ROBERTA BROWN to a hostile, abusive, intimidating and offensive wor!< environment because of her race. The effect of the actions complained of above has been to deprive ROBERTA BROWN of equal employment opportunities and otherwise adversely affect her status as an employee because of her race.
17. The unlawful employment practices complained of above were intentional.
WHEREFORE, ROBERTA BROWN requests the relief prayed for hereinafter.
6

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 7 of 11

SECOND CLAIM FOR RELIEF Retaliation
[Title VII Of Civil Rights Act Of 1964, as amended in 1991 AND 42 USC 1981)
1B. As a second, separate and distinct cause of action, ROBERTA BROWN
complains against Defendant KCS for a cause of action alleges: ROBERTA BROWN hereby incorporates the allegations of paragraphs 1
through 17 above as though fully set forth herein. 19. In addition to the above-referenced harassment, Defendant engaged in
unlawful employment practices in violation of §704(a) of Title VII, 42 u.S.C. §2000.....3(a) by engaging in adverse employment actions against
ROBERTA BROWN in retaliation for her opposition to and/or rejection of the discrimination referenced herein, for complaints and protests made to
KCS regarding its poor treatment of blacks in tanns of discipline and other terms and conditions of employment. The retaliation in the form of a
suspension and discharge precluded ROBERTA BROWN from wor1<ing, resulting in wage loss.
7

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 8 of 11

20. The effect of the action complained of above has been to deprive ROBERTA BROWN of equal employment opportunities and to otherwise
adversely affect his status as employee because of her protected activ~y.
21. The unlawful employment practices complained of above were intentional.
WHEREFORE, ROBERTA BROWN requests the relief prayed for hereinafter. THIRD CLAIM FOR RELIEF
Discrimination Based On Gender [Civil Rights Act Of 1964, As Amended In 1991]
22. As a third, separate and distinct cause of action, ROBERTA BROWN complains against Defendant KCS and for a cause of action alleges:
ROBERTA BROWN hereby incorporates by reference Paragraphs 1 through 21, inclusive, as though set forth here in full. 23. KCS suspended and discharged ROBERTA BROWN due to her gender.
24. The unlawful employment practices complained of herein were
intentional. WHEREFORE ROBERTA BROWN prays for relief as set forth hereinafter.
8

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 9 of 11

PRAYER FOR RELIEF WHEREFORE, Intervenor seeks judgment against Defendant and requests as
follows:

1. An award of all actual, consequential and incidental damages, according to proof, including but not limited to, loss of earnings, loss of enjoyment of life, together with prejudgment interest.

2. An award of general damages for emotional distress in an amount to be
proven at time of trial.
3. An award of costs of suit, including expert w~ness fees, attorney fees pursuant to law;

4. An assessment of punitive damages against each Defendant in an amount to
be proven at time of trial;

5. Trial by Jury; and,

6. Such other and further relief as the Court deems proper.

Dated:

August 22, 2005

9

• Case 2:05-cv-02668-HGB-JCW

Document 15

•Filed 11/28/2005

Page 10 of 11

NELSON W. CAMERON Attorney at Law 675 Jordan Street Shreveport, Louisiana 71101 (318) 226-0111 Bar No.: 01283
ATTORNEY FOR Intervenor

10

• . Case 2:05-cv-02668-HGB-JCW
,

Document 15

•Filed 11/28/2005

Page 11 of 11

Attorney at Law 675 Jordan Street Shreveport, Louisiana 71101 (31 B) 226-0111 Bar No.: 01263 ATTORNEY FOR INTERVENOR
ROBERTA BROWN demands a trial by jury of all issues and causes of action. Dated: August 22, 2005

11

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

CIVIL ACTION

VERSUS

NO. 05-2668

KANSAS CITY SOUTHERN RAILWAY COMPANY

SECTION “C”

ORDER

IT IS ORDERED that the parties show cause in writing why this matter should not be transferred to the United States District Court for the Western District of Louisiana for consideration with Abner v. Kansas City Southern Railway Co, Civil Action No. 03-765 and Cargo v. Kansas City Southern Railway Co., Civil Action No. 05-0069, which was recently transferred to the Western District. The defendant shall file a brief directed to the issue no later than January 4, 2005, and the plaintiff shall file a brief no later than January 11, 2005, at which time the issue will be taken under advisement.
New Orleans, Louisiana, this 16th day of December, 2005. _____________________________ HELEN G. BERRIGAN UNITED STATES DISTRICT JUDGE

 
 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

EQUAL EMPLOYMENT OPPORTUNITY *

COMMISSION

*

•

VERSUS

•

•

THE KANSAS CITY SOUTHERN

*

RAILWAY COMPANY, INC. (KCS)

• *

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

SECTIONC MAG. 2

COMPLAINT IN INTERVENTION

NOW INTO COURT, through undersigned counsel comes, Thomas D. Turner who

respectfully seeks pennission to intervene as authorized by Federal Rule of Civil Procedure 24

and as a matter of right authorized by Pursuant to Rules 18, 19, & 24 and 28 U.S.C. Sec. 1367.

1.

Thomas D. Turner has a pending action filed on before this Honorable Court on October

1,2003 entitled Thomas D. Turner v. Kansas City Southern Railway Company, Inc. (KCS)
USDC-EDLA 03-2742 Section "c", which arises out of the same facts and circumstances,

occurring at the same time, involves the same set ofwitnesses, facts and laws as the matter

contained in the EEOC's complaint; Title VII.

2.

Intervener has a companion 42 U.S.c. 1981 which arises out of the same facts, and

circumstances, occurring at the same time and involves the same set ofwitnesses as the EEOC

Title VII complaint.

3.

That the damage available for EEOC title VII action is identical to Mr. Turner's action.

_ rocess X Dktd
_CtRmDep _Doc.No _ __

\
•
Wherefore, for these reasons, intervener prays that there be Judgment in favor of Thomas D. Turner and against Kansas City Southern Railway (KeS) in an amount to be determined by Jury, for all available premises and damages afforded by law under, all legal premises advanced, for attorney fees and costs of these proceedings and all general and equitable relief
RespectfuJl submitted,

Donald F. de Boisblanc

(#4786)

Donald F. de Boisblanc, Jr. (#23462) TA

J. Rand Smith, Jr.

(#27090)

Attorneys at Law

410 South Rampart Street

New Orleans, Louisiana 70112

Telephone: (504) 586-0005

Facsimile: (504) 586-0007

Attorneys for Thomas D. Turner

 
 Case 2:05-cv-02668-DEW-JCW Document 47 Filed 05/19/09 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ET AL.
VERSUS
KANSAS CITY SOUTHERN RAILWAY COMPANY

CIVIL ACTION NO. 03-2742 c/w 05-2668
JUDGE DONALD E. WALTER MAGISTRATE JUDGE WILKINSON

JUDGEMENT

Before this Comi is a Motion for Sununmy Judgment [Record Document 157], filed on behalf ofDefendm1t, Kansas City Southem Railway Compm1y ("KCS").

For the reasons stated in the foregoing Memorandum Ruling, IT IS HEREBY

ORDERED that the defendant's Motion for Smmnmy Judgment is GRANTED m1d that all

claims against KCS are DISMISSED WITH PREJUDICE.

tf ~of THUS DONE AND SIGNED this /

May, 2009.

D 'ALD E. WALTER UNITED STATES DISTRICT JUDGE

 
 Case 2:05-cv-02668-DEW-JCW Document 52 Filed 07/31/12 Page 1 of 2

United States Court of Appeals
Fifth Circuit
UNITED STATES COURT OF APPEALS FILED
March 23, 2012

FOR THE FIFTH CIRCUIT

Lyle W. Cayce Clerk

No. 09-30558

)::,GW

D.C. Docket No. 2:03-CV-2742 (i)

D.C. Docket No. 2:05-CV-2668

THOMAS D TURNER,

Plaintiff- Appellant

v.

KANSAS CITY SOUTHERN RAILWAY COMPANY,

Defendant - Appellee

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Plaintiff- Appellant

THOMAS D. TURNER

Intervenors - Appellants

v.

KANSAS CITY SOUTHERN RAILWAY COMPANY

Defendant - Appellee
Appeals from the United States District Court for the Eastern District of Louisiana, New Orleans

Before DENNIS, OWEN, and SOUTHWICK: Circuit Judges.

*Judge Southwick, concurs in the result only.

Case 2:05-cv-02668-DEW-JCW Document 52 Filed 07/31/12 Page 2 of 2
JUDGMENT This cause was considered on the record on appeal and was argued by counsel. It is ordered and adjudged that the judgment of the District Court is affirmed in part and reversed in part, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. IT IS FURTHER ORDERED that appellee pay to appellants the costs on appeal to be taxed by the Clerk of this Court. OWEN, Circuit Judge, concurring in the judgment in part and dissenting in part.
ISSUED AS MANDATE: JUL 2 4 201!

A True Copy Attest

Cle<i<, U.S. Court of A c i f t h Circuit

By' ..It,= Deputy New Orleans, Louisiana

-
JUL 2 4 2012

 
 Case 2:05-cv-02668-DEW-JCW Document 53 Filed 01/31/13 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

THOMAS D. TURNER

§ CIVIL ACTION:

Plaintiff

§ SECTION:

§ JUDGE:

§

Versus

§

KANSAS CITY SOUTHERN RAILWAY § MAG. NUMBER:

COMPANY

§ MAGISTRATE:

Defendant

§

03-2742
WALTER
2
WILKINSON

Consolidated ·with

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff
Versus
KANSAS CITY SOUTHERN RAILWAY COMPANY
Defendant

§ CIVIL ACTION: § SECTION: § JUDGE: § § § MAG. NUMBER: § MAGISTRATE: §

05-2668
WALTER
2
WILKINSON

CONSENT DECREE The Plaintiff, Equal Employment Opportunity Commission (the "Commission" or "EEOC"), allege in this suit that in 2002 and 2004, Thomas Turner and Lester Thomas, respectively, were unlawfully discharged by Defendant, the Kansas City Southern Railway Company ("Defendant" or "KCSR") because of their race, Black, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2(a)(l) ("Title VII"). Defendant denies Plaintiff's allegations. This Consent Decree shall not be construed as an admission by Defendant KCSR of any unlawful conduct. In the interests of resolving this matter, to avoid the costs of litigation, and as

1115213v2

Case 2:05-cv-02668-DEW-JCW Document 53 Filed 01/31/13 Page 2 of 6

a result of having engaged in negotiations, the patties have agreed that this action should be finally resolved by entry of this Consent Decree.
WHEREAS, Defendant specifically denies the allegations asserted in this lawsuit and denies Plaintiff is entitled to any of the relief it seeks therein, it is understood and agreed this Decree represents a compromise of disputed claims. Neither the existence nor the terms of this Decree constitute any admission by KCSR of any liability, wrongdoing, or violation of any law.
WHEREAS, the patties wish to resolve and fully and finally settle any and all claims asserted by the EEOC in the lawsuit without any admission of any kind by any patty.
The parties stipulate to the jurisdiction of the Court and waive a hearing and the entry of findings of fact and conclusions of law.
IT IS THEREFORE ORDERED: 1. This Consent Decree is entered in full and complete settlement of any and all claims arising out of or contained in Civil Action No. 05-2668 as regards Defendant KCSR. This Consent Decree constitutes a complete resolution of all claims that were made by the Commission against Defendant in this action. 2. Defendant shall not discriminate against any employee or applicant for employment because of his or her race. 3. Defendant shall not discriminate or retaliate in any manner against any individual because he or she has made a charge of discrimination, testified, assisted, or patticipated in any manner in any investigation by the Commission or couti proceeding relating to the charges of Lester Thomas and Thomas Turner. 4. Defendant shall provide Thomas Turner with a job recommendation by a senior level manager of Defendant, a copy of which is attached as Exhibit A.

- 2-

1115213v2

Case 2:05-cv-02668-DEW-JCW Document 53 Filed 01/31/13 Page 3 of 6

5. Defendant shall also direct all parties seeking employment references or employment verification regarding Thomas D. Turner to contact "The Work Number" at 1-800367-5690, and KCSR agrees that information provided by "The Work Number" is limited to the following neutral information: dates of employment, positions held, and salary information (if authorized by Mr. Turner).
6. When called by potential employers of Thomas Turner for job references, Defendant shall not mention his EEOC charge, his allegations of race discrimination, his lawsuit against Defendant or the EEOC's lawsuit against Defendant.
7. Defendant will segregate and keep confidential all documents regarding Thomas Turner's and Lester Thomas' claims of race discrimination, including but not limited to their EEOC charges, their lawsuits and the EEOC's lawsuit. These documents shall not be part of Thomas Turner's and Lester Thomas' personnel files.
8. Defendant's records shall reflect that Thomas Turner is eligible for rehire. 9. Defendant shall require the name of the KCSR employee who determines the discipline to be expressly stated on the corresponding discipline letter. 10. Defendant shall provide in its New Orleans facility and Shreveport facility live, inperson Equal Employment Opportunity ("EEO") training to its Transportation employees regarding employment discrimination, including, but not limited to the illegality of race discrimination. All pmticipants shall be required to sign a registry upon completion of the training. The training shall be conducted within eight months from the entry of this Decree. 11. The training pmtion on race discrimination shall (i) explain that race discrimination is unlawful; (ii) instruct what conduct may constitute race discrimination; (iii) explain the damaging effects of race discrimination on its victims, their families, their co-workers,

-3 -

lll52!3v2

Case 2:05-cv-02668-DEW-JCW Document 53 Filed 01/31/13 Page 4 of 6
and the workplace environment; and (iv) ensure that Defendant's managers know how to enforce its equal employment opportunity policy as it pertains to race.
12. The agenda, the teaching materials and the name and resume of the trainer shaii be submitted to the EEOC for approval prior to the training. The EEOC shaii then have fourteen (14) business days from the date of receipt of the information to accept or reject the contents of the topic outline and/or trainer. In the event that EEOC does not approve Defendant's materials or trainer, Defendant shaii have twenty (20) business days to submit a revised outline and identify a new prospective trainer.
13. Following the training, Defendant shall notify the EEOC of the training by indicating when and where the training took place, the duration of the training, and the identity of the trainer(s) and the attendees. A copy of the registry shall be submitted to the EEOC as pmi of Defendant's reporting obligations. A report of the training shaii be submitted to the EEOC no more than 30 days following the training. The notification or repmi shaii be submitted to the EEOC at the foiiowing address: Rudy L. Sustaita, EEOC Houston District Office, 1201 Louisiana, 6th Floor, Houston, Texas 77002.
14. Within six (6) months from the entry of this Consent Decree, Defendant shall make a repmi to the EEOC documenting its compliance with each of the terms of this Decree and providing suppmiive documentation where applicable. In the event where fuii compliance has not been achieved, Defendant shall explain why compliance has not been achieved and shaii provide its plan for compliance. The repmi shaii be sent to the EEOC at the foilowing address: Rudy L. Sustaita, EEOC Houston District Office, 1201 Louisiana Street, 6th Floor, Houston, Texas 77002.

-4-

1115213v2

Case 2:05-cv-02668-DEW-JCW Document 53 Filed 01/31/13 Page 5 of 6

15. Within thirty (30) days ofthe entry ofthis Decree, Defendant shall name a Liaison with whom the Commission can communicate regarding compliance with this Decree. Defendant shall provide the Liaison's name, title (if applicable), work address, and work telephone number. The Liaison shall be responsible for making reports under this Decree and for communicating with the Commission regarding compliance with each term of this Decree.
16. Within fourteen (14) business days after entry of this Decree, Defendant shall post copies of the Notice attached as Exhibit "B" to this Decree at its New Orleans facility and its Shreveport facility in conspicuous locations easily accessible to and commonly frequented by employees, the posters are required to be displayed in the workplace by EEOC regulation 29 C.F. R § 1601.30. The Notice shall remain posted for the duration of this Decree. Defendant shall ensure that the postings are not altered, defaced or covered by any other material.
17. If Plaintiff asserts that KCSR has breached any one or more of the terms of this Consent Decree, Plaintiff shall provide written notice to KCSR, delivered via facsimile to the Liason designated by KCSR in paragraph 15 above, describing in detail each asse1ied breach and identifying the corresponding term(s) of this Consent Decree. KCSR shall have sixty (60) days from receipt of plaintiffs' notice of breach to materially redress the identified breach(es). If KCSR fails to materially redress the identified breach(es) within sixty (60) days following its receipt of written notice of breach from Plaintiff, Plaintiff may commence proceedings to enforce the term(s) identified in its previously transmitted notice of breach.
18. The EEOC and Defendant shall bear their own costs and attorney's fees. 19. This Consent Decree shall remain in effect and shall be enforceable by the EEOC for one year from its entry.

- 5-

1115213v2

Case 2:05-cv-02668-DEW-JCW Document 53 Filed 01/31/13 Page 6 of 6
DONA E. WALTER UNITED STATES DISTRICT JUDGE

- 6-

I I I5213v2

 
 Case 2:05-cv-02668-DEW-JCW Document 47 Filed 05/19/09 Page 1 of 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
NEW ORLEANS

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ET AL.
VERSUS
KANSAS CITY SOUTHERN RAILWAY COMPANY

CIVIL ACTION NO. 03-2742 c/w 05-2668
JUDGE DONALD E. WALTER MAGISTRATE JUDGE WILKINSON

JUDGEMENT

Before this Comi is a Motion for Sununmy Judgment [Record Document 157], filed on behalf ofDefendm1t, Kansas City Southem Railway Compm1y ("KCS").

For the reasons stated in the foregoing Memorandum Ruling, IT IS HEREBY

ORDERED that the defendant's Motion for Smmnmy Judgment is GRANTED m1d that all

claims against KCS are DISMISSED WITH PREJUDICE.

tf ~of THUS DONE AND SIGNED this /

May, 2009.

D 'ALD E. WALTER UNITED STATES DISTRICT JUDGE

 
 Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 1 of 8
2000E,CLOSED,CONSOL
U.S. District Court Eastern District of Louisiana (New Orleans) CIVIL DOCKET FOR CASE #: 2:05−cv−02668−DEW−JCW

Equal Employment Opportunity Commission v. Kansas City Southern Railway Company Assigned to: Donald E Walter Referred to: Magistrate Judge Joseph C. Wilkinson, Jr Lead case: 2:03−cv−02742−DEW−JCW Member case: (View Member Case) Cause: 42:2000e Job Discrimination (Employment)
Plaintiff

Date Filed: 06/29/2005 Date Terminated: 01/31/2013 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Equal Employment Opportunity Commission

represented by Gregory T. Juge U. S. Equal Employment Opportunity Commission (New Orleans) 500 Poydras Street Suite 809 New Orleans, LA 70130 504−676−8239 Email: gregory.juge@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Philip Sacher U. S. Equal Employment Opportunity Commission 1919 Smith St. 7th Floor Houston, TX 77002 713−209−3398 Email: james.sacher@eeoc.gov ATTORNEY TO BE NOTICED

Keith T. Hill U. S. Equal Employment Opportunity Commission (New Orleans) 500 Poydras Street Suite 809 New Orleans, LA 70130 (504) 589−6817 TERMINATED: 04/10/2006

Michelle T. Butler U. S. Equal Employment Opportunity Commission (New Orleans) 500 Poydras Street Suite 809 New Orleans, LA 70130 (504) 595−2872 Fax: (504) 595−2886 Email: michelle.butler@eeoc.gov TERMINATED: 04/10/2006

Nancy Eleanor Graham U. S. Equal Employment Opportunity Commission (New Orleans) 500 Poydras Street Suite 809 New Orleans, LA 70130 (504) 595−2875 Email: nancy.graham@eeoc.gov

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 2 of 8
ATTORNEY TO BE NOTICED
Rudy Lucio Sustaita U. S. Equal Opportunity Employment Commission (Houston) 1201 Louisiana Street, 6th floor Houston, TX 77002 713−651−4970 Email: rudy.sustaita@eeoc.gov ATTORNEY TO BE NOTICED
Timothy M. Bowne U. S. Equal Employment Opportunity Commission (Houston) Mickey Leland Federal Bldg. 1919 Smith Street Suites 600 & 700 Houston, TX 77002−8049

V. Intervenor Roberta Brown
Intervenor Thomas D Turner

represented by Nelson Welch Cameron Nelson Welch Cameron, Attorney at Law 675 Jordan Street Shreveport, LA 71101 318−226−0111 Email: eganspk@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Paul Equality at Work, PLLC 409 Broad Street Suite 270 P. O. Box 373 Sewickley, PA 15143 888−967−5674 Email: gregorygpaul@gmail.com PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Donald F. deBoisblanc deBoisblanc & deBoisblanc 410 S. Rampart St. New Orleans, LA 70112 (504) 586−0005 Email: dfdsrlaw@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Donald Francis deBoisblanc , Jr. deBoisblanc & deBoisblanc 410 S. Rampart St. New Orleans, LA 70112 (504) 586−0005 Fax: 504−586−0007 Email: deboisdl@bellsouth.net
J. Rand Smith , Jr. Chouest Law Firm 4732 Utica St.

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 3 of 8
Suite 100 Metairie, LA 70006 (504) 455−1200 Email: jay@metairie.com

V. Intervenor Plaintiff Clarence Cargo TERMINATED: 03/29/2006
Intervenor Plaintiff Jesse James Frank TERMINATED: 03/29/2006

represented by Mary Ruth Mann Mary R. Mann, Attorney at Law 200 Second Avenue W. Seattle, WA 98119 206−587−2700 LEAD ATTORNEY
S. Reed Morgan S. Reed Morgan, Attorney at Law 413 Eighth Street Comfort, TX 78013 830−995−2464 Email: srmorganpc@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary Ruth Mann (See above for address) LEAD ATTORNEY
S. Reed Morgan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Kansas City Southern Railway Company

represented by Patrick A. Talley , Jr. Phelps Dunbar, LLP (New Orleans) Canal Place 365 Canal St. Suite 2000 New Orleans, LA 70130−6534 504−584−9220 Email: talleyp@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rachel Wendt Wisdom Stone, Pigman, Walther, Wittmann, LLC (New Orleans) 546 Carondelet St. New Orleans, LA 70130−3588 (504) 581−3200 Email: rwisdom@stonepigman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Agnieszka Anna McPeak Stone, Pigman, Walther, Wittmann, LLC (New Orleans) 546 Carondelet St.

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 4 of 8
New Orleans, LA 70130−3588 504−581−3200 Email: amcpeak@stonepigman.com TERMINATED: 10/24/2008
Bobby Stephen Gilliam Wilkinson, Carmody & Gilliam 400 Travis Street Suite 1700 Shreveport, LA 71101 318−221−4196 Email: bgilliam@wcglawfirm.com ATTORNEY TO BE NOTICED
Carrie A. McAtee Shook, Hardy & Bacon, LLP (Kansas City) 2555 Grand Blvd. Kansas City, MO 64108−2613 816−474−6550 Email: cmcatee@shb.com
Charlie J. Harris , Jr. Seyferth Blumenthal & Harris, LLC 4801 Main Street Suite 310 Kansas City, MO 64112 816−756−0700 Fax: 816−756−3700 Email: charlie@sbhlaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
John Mark Fezio Voorhies Law Firm 1100 Poydras St. Suite 2810 New Orleans, LA 70163 504−875−2223 Fax: 504−875−4882 Email: johnmark@voorhieslaw.com ATTORNEY TO BE NOTICED
Kristen A. Page Shook, Hardy & Bacon, LLP (Kansas City) 2555 Grand Blvd. Kansas City, MO 64108−2613 816−474−6550 Email: kpage@shb.com
Louis Matthew Grossman Kean Miller LLP (New Orleans) First Bank & Trust Tower 909 Poydras Street Suite 3600 New Orleans, LA 70112 (504) 620−3347 Email: Louis.Grossman@keanmiller.com
Matthew S. Almon Stone, Pigman, Walther, Wittmann, LLC (New Orleans) 546 Carondelet St. New Orleans, LA 70130−3588

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 5 of 8

504−581−3200 Email: malmon@stonepigman.com ATTORNEY TO BE NOTICED

Michael R. Fontham Stone, Pigman, Walther, Wittmann, LLC (New Orleans) 546 Carondelet St. New Orleans, LA 70130−3588 (504) 581−3200 Email: mfontham@stonepigman.com ATTORNEY TO BE NOTICED

William C. Martucci Shook, Hardy & Bacon, LLP (Kansas City) 2555 Grand Blvd. Kansas City, MO 64108−2613 816−474−6550 Email: wmartucci@shb.com ATTORNEY TO BE NOTICED

Movant Lester Thomas

represented by Nelson Welch Cameron (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory Paul (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Date Filed 06/29/2005 06/29/2005 07/15/2005 07/27/2005 08/26/2005 10/11/2005 10/11/2005 10/11/2005 10/18/2005
10/28/2005

# Docket Text
1 COMPLAINT against Kansas City Southern Railway Company filed by Equal Employment Opportunity Commission.(bbc, ) (Entered: 06/30/2005)
2 Summons Issued as to Kansas City Southern Railway Company. (bbc, ) (Entered: 06/30/2005)
3 WAIVER OF SERVICE Returned Executed; waiver sent to Kansas City Southern Railway Company on 6/29/2005, answer due 8/29/2005. (bbc, ) (Entered: 07/18/2005)
4 AMENDED COMPLAINT against Kansas City Southern Railway Company filed by Equal Employment Opportunity Commission.(gec, ) (Entered: 08/01/2005)
10 MOTION to Intervene by Roberta Brown. (lag, ) (Entered: 11/03/2005)
5 ANSWER to Amended Complaint with Jury Demand by Defendant Kansas City Southern Railway Company.(gbw, ) (Entered: 10/18/2005)
6 Statement of Corporate Disclosure by Kansas City Southern Railway Company identifying Kansas City Southern as Corporate Parent. (gbw, ) (Entered: 10/18/2005)
7 Notice of Related Case(s) by Kansas City Southern Railway Company of related case(s) 05−69, 03−2742 (EDLA), 03−765 (WDLA). (gbw, ) (Entered: 10/18/2005)
8 ORDER TRANSFERRING CASE. Case transferred to Judge Helen G. Berrigan and Joseph C. Wilkinson, Jr for all further proceedings. Judge Sarah S. Vance, Alma L. Chasez no longer assigned to case. Signed by Judge Sarah S. Vance on 10/17/05.(plh, ) (Entered: 10/21/2005)
9 ORDER Preliminary Conference set for 12/13/2005 11:00 AM before Magistrate Judge Joseph C. Wilkinson, Jr. Signed by Judge Joseph C. Wilkinson Jr. on 10/25/05.(plh, ) (Entered: 10/31/2005)

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 6 of 8

11/01/2005 11/08/2005
11/10/2005 11/18/2005 11/18/2005 11/28/2005 11/28/2005 11/28/2005 11/28/2005 12/16/2005
12/19/2005 01/04/2006 01/04/2006 01/04/2006 01/06/2006 01/06/2006 01/31/2006 02/01/2006
03/01/2006
03/01/2006
03/17/2006 03/17/2006

11 ORDER deferring ruling on 10 Motion to Intervene . Signed by Judge Joseph C. Wilkinson Jr. (lag, ) (Entered: 11/03/2005)
12 ORDER that all parties do not consent to proceed before a magistrate judge; the preliminary conference set for 12/13/05 is CANCELED. Signed by Judge Joseph C. Wilkinson Jr. on 11/8/05.(plh, ) (Entered: 11/10/2005)
13 ORDER that the automatice referral to the Magistrate Judge is VACATED. Signed by Judge Helen G. Berrigan on 11/10/05.(plh, ) (Entered: 11/14/2005)
16 MOTION by William C. Martucci to Appear Pro Hac Vice (Filing fee $5.) by Kansas City Southern Railway Company. (dno, ) (Entered: 12/01/2005)
17 MOTION by Kristen A. Page to Appear Pro Hac Vice (Filing fee $5.) by Kansas City Southern Railway Company. (dno, ) (Entered: 12/01/2005)
14 ORDER granting 10 Motion to Intervene . Signed by Judge Joseph C. Wilkinson Jr. on 11/28/05. (plh, ) (Entered: 11/29/2005)
15 Intervenor COMPLAINT filed by Roberta Brown.(plh, ) (Entered: 11/29/2005)
18 ORDER granting 16 Motion to Appear Pro Hac Vice as to William C. Martucci. Signed by Judge Sarah S. Vance on 11/28/05. (dno, ) (Entered: 12/01/2005)
19 ORDER granting 17 Motion to Appear Pro Hac Vice as to Kristen A. Page. Signed by Judge Sarah S. Vance on 11/28/05. (dno, ) (Entered: 12/01/2005)
20 ORDER that parties show cause why this matter should not be transferred as set forth in document. Signed by Judge Helen G. Berrigan on 12/16/05.(plh, ) (Entered: 12/19/2005)
21 ANSWER to Intervenor Complaint by Defendant Kansas City Southern Railway Company.(plh, ) (Entered: 12/21/2005)
22 MOTION to Transfer Venue by Kansas City Southern Railway Company. (plh, ) (Entered: 01/05/2006)
23 MOTION for Extension of Transfer of Venue Briefing Deadline by Equal Employment Opportunity Commission. (plh, ) (Entered: 01/06/2006)
25 MOTION to Change Designation of Trial Attorney by Equal Employment Opportunity Commission. (plh, ) (Entered: 01/06/2006)
24 ORDER granting 23 Motion for Extension of Transfer of Venue Briefing Deadline . Signed by Judge Helen G. Berrigan on 1/4/06. (plh, ) (Entered: 01/06/2006)
26 ORDER granting 25 Motion to Change Designation of Trial Attorney . Signed by Judge Helen G. Berrigan on 1/4/06. (plh, ) (Entered: 01/06/2006)
30 MOTION to Intervene by Thomas D Turner and UNSIGNED ORDER. (plh, ) (Entered: 03/20/2006)
27 BRIEF re: whether venue should be transferred and RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 22 MOTION to Transfer Case. (plh, ) (Entered: 02/01/2006)
28 MOTION to Intervene by Clarence Cargo, Jesse James Frank. Motion Hearing set for 3/29/2006 11:00 AM before Magistrate Judge Joseph C. Wilkinson, Jr. (proposed original intervening cmp attached) (bbc, ) Modified on 3/7/2006 to correct referral Judge (bbc, ). (Entered: 03/02/2006)
29 Correction of Docket Entry by Clerk re 28 MOTION to Intervene should be set before Magistrate Judge Joseph C. Wilkinson, Jr. (Judge Vance & Mag Judge Chasez no longer assigned to this case, case is now before Judge Berrigan & Magistrate Wilkinson) (bbc, ) (Entered: 03/07/2006)
31 ORDER denying 22 Motion to Transfer Case AND granting 30 Motion to Intervene . Signed by Judge Helen G. Berrigan on 3/16/06. (plh, ) (Entered: 03/20/2006)
32 Intervenor COMPLAINT filed by Thomas D Turner.(plh, ) (Entered: 03/20/2006)

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 7 of 8

03/21/2006 03/22/2006 03/23/2006 03/29/2006 04/06/2006 04/10/2006 05/01/2006 05/16/2006
06/20/2006 06/22/2006 06/28/2006 06/29/2006 07/25/2006
11/04/2008 05/19/2009
06/05/2009 07/17/2009 07/17/2009 07/17/2009

33 RESPONSE/MEMORANDUM in Opposition filed by Kansas City Southern Railway Company re 28 MOTION to Intervene. (gec, ) (Entered: 03/22/2006)
34 MOTION for Leave to File Exhibit to dft's Opposition to Motion to Intervene by Kansas City Southern Railway Company. (plh, ) (Entered: 03/24/2006)
35 ORDER granting 34 Motion for Leave to File . Signed by Judge Helen G. Berrigan on 3/23/06. (plh, ) (Entered: 03/24/2006)
36 ORDER denying 28 Motion to Intervene filed by Clarence Cargo & Jesse James Frank. Signed by Judge Joseph C. Wilkinson Jr. (car, ) (Entered: 03/29/2006)
37 MOTION to Appear as Additional Counsel of Record as to Jim Sacher by Equal Employment Opportunity Commission. (plh, ) (Entered: 04/11/2006)
38 ORDER granting 37 Motion to Appear . Signed by Judge Helen G. Berrigan on 4/7/06. (plh, ) (Entered: 04/11/2006)
39 NOTICE Scheduling Conference set for 5/16/2006 10:15 AM before courtroom deputy by telephone, by Clerk.(plh, ) (Entered: 05/01/2006)
40 SCHEDULING ORDER: Final Pretrial Conference set for 3/6/2007 09:00 AM before Chief Judge Helen G. Berrigan. Telephone Status Conference set for 2/6/2007 03:00 PM before Chief Judge Helen G. Berrigan. Jury Trial set for 3/26/2007 10:00 AM before Chief Judge Helen G. Berrigan. Signed by Clerk for Judge Helen G. Berrigan on 5/16/06. (Attachments: # 1 Pretrial Notice Form)(plh, ) (Entered: 05/16/2006)
41 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Carrie A. McAtee (Filing fee $5.) by Kansas City Southern Railway Company. (Attachments: # 1 Exhibit)(plh, ) (Entered: 06/26/2006)
42 ORDER granting 41 Motion to Appear Pro Hac Vice as to Carrie A. McAtee. Signed by Judge Helen G. Berrigan on 6/21/06. (plh, ) (Entered: 06/26/2006)
43 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice as to Kristen A. Page (Filing fee $5.) by Kansas City Southern Railway Company. (plh, ) (Entered: 07/03/2006)
44 ORDER granting 43 Motion to Appear Pro Hac Vice as to Kristen A. Page. Signed by Judge Helen G. Berrigan on 6/28/06. (plh, ) (Entered: 07/03/2006)
45 ORDER consolidating cases 03−2742 with member case 05−2668. The clerk is to establish a master file and docket sheet. All entries are made on master docket sheet except orders and documents terminating a party or disposing of a case which will also be entered on the individual docket sheet . Signed by Judge Helen G. Berrigan on 7/25/06.(plh, ) (Entered: 07/27/2006)
46 ORDER TRANSFERRING CASE. Case transferred to Donald E Walter for all further proceedings. Judge Helen G. Berrigan no longer assigned to case. Signed by Judge Helen G. Berrigan on 11/3/08.(plh, ) (Entered: 11/04/2008)
47 JUDGMENT: ORDERED that the Motion for Summary Judgment filed by Kansas City Railway Company is granted and all claims against KCS are DISMISSED with prejudice. Signed by Donald E Walter on 5/19/09.(Reference: 03−2742, 05−2668)(jtd) (Entered: 05/19/2009)
48 NOTICE OF APPEAL by Thomas D Turner as to 47 Judgment. Filing fee $ 455 paid. (Reference: 03−2742, 05−2668) (jtd) (Entered: 06/05/2009)
49 NOTICE OF APPEAL by Equal Employment Opportunity Commission as to 47 Judgment. (Reference: 03−2742, 05−2668) (jtd) (Entered: 07/23/2009)
50 CERTIFICATE of Counsel by Gregory T. Juge UNDER FED. R. APP. P. 10(b) stating that no transcript needs to be ordered in connection with appeal. (Reference: 03−2742, 05−2668)(Juge, Gregory)(cc: appeals clerk) (jtd) (Entered: 07/23/2009)
51 NOTICE OF APPEAL by Roberta Brown as to 47 Judgment. (Reference: 03−2742, 05−2668) (jtd) Modified on 8/8/2012 to terminate appeal as of 2/5/10 per USCA Order doc. #325 in master case 03cv2742(jtd). (Entered: 07/23/2009)

Case: 2:05-cv-2668 As of: 06/03/2017 01:28 PM CDT 8 of 8

07/31/2012 01/31/2013

52 USCA JUDGMENT issued as mandate on 7/24/12 as to 48 Notice of Appeal filed by Thomas D Turner, 49 Notice of Appeal filed by Equal Employment Opportunity Commission. It is ORDERED that the judgment of the District Court is affirmed in part and reversed in part, and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. Further ORDERED that appellee pay to appellants the costs on appeal to be taxed by the Clerk of this Court. USCA judge name: Dennis, Owen, Southwick. (Attachments: # 1 USCA Opinion, # 2 Bill of Costs, # 3 USCA Transmittal Letter)(jtd) (Entered: 08/08/2012)
53 CONSENT DECREE: Decree is entered in full and complete settlement of any and all claims arising out of or contained in Civil Action 05−2668 as regards to defendant Kansas City Southern Railway. This Consent Decree constitutes a complete resolution of all claims that were made by the U.S. Equal Employment Opportunity Commission against Defendant Kansas City Southern Railway in this action as set forth in document regarding Thomas Turner and Lester Turner. EEOC and defendant shall bear their own costs and attorney's fees. This Consent Decree shall remain in effect and shall be enforceable by EEOC for one year from its entry. Signed by Judge Donald E Walter on 1/31/13.(Reference: 03cv2742, 05cv2668)(jtd) (Entered: 01/31/2013)