Case 5:05-cv-00180-DF Document 14 Filed 12/16/2005 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

Plaintiff,

}

}

v.

}

}

VALOR TELECOMMUNICATIONS OF

}

TEXAS, L.P.,

}

}

}

}

Defendant.

}

_________________________________________ }

CIVIL ACTION NO. 5:05-CV-180 AMENDED COMPLAINT ECF
(JURY DEMANDED)

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful

employment practices and to make whole Charging Party Brinder Bursey. The Commission alleges

that the Defendant, Valor Telecommunications of Texas, L.P. (hereafter “Defendant” or “Valor”),

discriminated against Brinder Bursey because of her race (African-American) and sex (Female) by

denying her a promotion.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 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, ("Title VII"), 42 U.S.C. Sections 2000e-

5(f)(1) and (3), and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Eastern District of Texas, Texarkana Division.

Case 5:05-cv-00180-DF Document 14 Filed 12/16/2005 Page 2 of 4
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. Section 2000e-5(a). 4. At all relevant times, Defendant has continuously been and is now doing business in the State of Texas, and has continuously had at least fifteen employees. 5. At all relevant times, Defendant 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. Sections 2000e-(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Ms. Bursey filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Defendant discriminated against Ms. Bursey by failing or refusing to promote her to a supervisor/manager position for which she was qualified because of her race (African-American) and her sex (Female) in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2. 8. The effect of the practices complained of above has been to deprive Ms. Bursey of equal employment opportunities and otherwise adversely affect her status as an employee. 9. 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
2

Case 5:05-cv-00180-DF Document 14 Filed 12/16/2005 Page 3 of 4
with malice or reckless indifference to the federally protected rights of Ms. Bursey. PRAYER FOR RELIEF
Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates in violation of Title VII. B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Ms. Bursey and which eradicate the effects of its past and present unlawful employment practices. C. Order the Defendant to make whole Ms. Bursey by providing appropriate back pay with prejudgment interest in amounts to be proved at trial, front pay, and other affirmative relief necessary to eradicate the effects of unlawful employment practices, including but not limited to rightful place promotion of Ms. Bursey. D. Order the Defendant to make whole Ms. Bursey by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial. E. Order the Defendant to make whole Ms. Bursey by providing compensation for past and future pecuniary losses resulting from the unlawful practices complained of in paragraph 7, above, in amounts to be determined at trial. F. Order the Defendant to pay punitive damages for its malicious or reckless conduct described in paragraph 7, above, in amounts to be determined at trial.
3

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G. Grant such further relief as the Court deems necessary and proper. H. Award the Commission its costs in this action.
JURY TRIAL DEMAND The Commission requests a jury trial on all questions of fact raised by the complaint.
Respectfully submitted,
GWENDOLYN Y. REAMS Deputy General Counsel ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782 s/Toby W. Costas TOBY W. COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720
s/Devika S. Dubey DEVIKA S. DUBEY Senior Trial Attorney Texas State Bar No. 24044860
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 253-2764 (TEL) (214) 253-2749 (FAX)
4

 
 Case 5:05-cv-00180-DF Document 66 Filed 11/07/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
VALOR TELECOMMUNICATIONS OF TEXAS, L.P.,
Defendant.

§ § § § § CIVIL ACTION NO. 5:05-CV-180 § § § § §

ORDER

Before the Court is the Plaintiff’s Motion in Limine (Doc. No. 47). Also before the Court

is Defendant’s Motion in Limine (Doc. No. 46). These matters came to be heard before the Court

on November 6, 2006. After considering the parties’ arguments and briefing the Court denies the

defendant’s motion in limine with respect to the issues of Mr. Brady’s derogatory race and gender

related statements as well as the defendant’s job posting for an Area Manager position in its New

Mexico Division. The Court grants the parties’ motions in limine in all other respects.

In paragraph 4(d) of its motion in limine, the defendant moves the court to exclude, pending

a favorable ruling by the Court at a later date, any reference that “would be an impermissible attempt

to inject inadmissable character evidence into the case.” Doc. No. 46 at 3. Within its request, the

defendant specifically notes that “[c]omments by a supervisor toward third parties who were not the

alleged object of the discriminatory animus are inadmissible to show such a discriminatory animus

against the plaintiff.” See id. The plaintiffs, however, has made the Court aware of their desire to

mention such matters to the jury during voir dire. The defendant urges the Court to grant its motion

and preclude any mention to the jury.

In support of its position, the defendant draws the Court’s attention to Palasota v. Haggar

Case 5:05-cv-00180-DF Document 66 Filed 11/07/2006 Page 2 of 3
Clothing Co., which states, “[a]fter Reeves . . . so long as remarks are not the only evidence of pretext, they are probative of discriminatory intent.” Palasota v. Haggar Clothing Co., 342 F.3d 569, 578 (5th Cir. 2003). Relying on this statement, the defendant argues that Mr. Brady’s remarks in this case are merely “stray remarks” which are not probative because there is no other evidence of pretext. However, Mr. Brady’s remarks are probative in this case, and the Court finds the plaintiff may properly comment on these remarks. First, Palasota itself explicitly explains that the “stray remark doctrine” is now applied more cautiously following the Supreme Court’s Reeve decision. See id. at 578. Further, the stray remark doctrine is less likely to apply in this case given the Fifth Circuit’s express assertion that “[w]hen a person or persons with decision making authority evinces racial animus that may constitute direct evidence of discrimination.” Jones v. Robinson Property Group, L.P., 427 F.3d 987, 993 (5th Cir. 2005). Jones and other cases making the same finding are informative in the present case because several of the defendants’ employees allegedly used racial epithets. By contrast, the authority relied on by the defendant involves age-related remarks. See Palasota, 342 F.3d at 577. This distinction is important because Fifth Circuit case law is clear that racially derogatory terms may be direct evidence of racial discrimination. See Brown v. E. Mississippi Elec. Power Ass’n, 989 F.2d 858, 862 (5th Cir. 1993) (citing, for the same proposition, EEOC v. Alton Packaging Corp., 901 F.2d 920 (11th Cir. 1990); Brewer v. Muscle Shoals Bd. of Educ., 790 F.2d 1515 (11th Cir. 1986); Bibbs v. Block, 778 F.2d 1318 (8th Cir. 1985)). Given the case law on this subject, and that the remarks in this case were not confined to merely one or two discrete incidents, the Court cannot accept the defendant’s argument that Mr. Brady’s remarks are merely “stray remarks” that do not reflect any probative view point. Thus, the Court ORDERS that paragraph 4(d) of the defendant’s motion in limine is DENIED.
The second issue now before the Court involves the mention of job postings by the defendant for an Area Manager position in its New Mexico Division. While no portion of the defendant’s

Case 5:05-cv-00180-DF Document 66 Filed 11/07/2006 Page 3 of 3
motion expressly seeks to exclude comment on this topic during voir dire, the plaintiff has made the Court aware of its desire to do so. The defendant, however, argues that the job posting is inadmissable because it involved a position which differed from the one in this case. The defendant argues that while the New Mexico Division position did require an associate college degree, the Texarkana Area Manager position did not. On the other hand the plaintiff responds that the posting is relevant to show that the required qualifications for the job were lowered by the defendant in order to hire a white male. The Court finds that the parties’ arguments relating to the job postings focus on the credibility of the evidence, not the admissibility. It is clear that credibility determination is a function of the jury, not the judge. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150 (2000). As a result, the Court denies the defendant’s motion with regard to its New Mexico Division job posting. The Court ORDERS the defendant’s motion in limine, to whatever extent it includes this matter, is DENIED.
In all other respect, the Court ORDERS that the parties’ respective motions in limine are GRANTED. The parties are ORDERED not to mention nor bring before the jury, either directly, indirectly, upon voir dire, or during presentation of the case or argument, any matters set forth in the . motions unless such matter is first called to the Court’s attention out of the presence of the jury and a final ruling in favor of the party is obtained. Counsel for both parties are instructed to inform all witnesses not to mention or otherwise disclose to the jury any matter covered by this order. It is so ORDERED.
SIGNED this 7th day of November, 2006.
____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

 
 Case 5:05-cv-00180-DF Document 76 Filed 12/04/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION

EQUAL EMPLOYMENT

§

OPPORTUNITY COMMISSION,

§

§

Plaintiff,

§

§

v.

§

§

VALOR TELECOMMUNICATIONS OF §

TEXAS, L.P.,

§

§

Defendants.

CIVIL ACTION NO. 5:05-CV-180

FINAL JUDGMENT

On November 6, 2006 the Court called the above captioned case for trial. Plaintiff Equal

Employment Opportunity Commission and Plaintiff Brinder Bursey appeared and through their

attorneys announced ready for trial. The defendant, Valor Telecommunications of Texas, L.P.,

appeared by way of its attorney and announced ready for trial. The Court determined that it had

jurisdiction over the subject matter and the parties to this proceeding. A jury was selected on

November 7, 2006.

The Court then impaneled and swore the jury, which heard the evidence and arguments of

counsel beginning on November 27, 2006. The trial was completed on November 30, 2006. The

jury rendered its verdict in the form of answers to the following interrogatories:

Interrogatory No. 1:

Do you find that Brinder Bursey’s race and/or sex was a motivating factor in Valor’s decision

not to promote Brinder Bursey?

Case 5:05-cv-00180-DF Document 76 Filed 12/04/2006 Page 2 of 3
Answer Yes or No: ____NO______ If you answered “No” to Interrogatory No. 1, do not answer the remaining questions. Please have the foreperson date and sign this “Verdict Form” and let the Bailiff know you have finished your deliberations. If you answered “Yes” to Interrogatory No. 1, please answer the following questions. Interrogatory No. 2: What amount of back pay, if any, should be awarded to Brinder Bursey? Answer in dollars and cents or “zero.” Answer: $ ______________ Interrogatory No. 3: What sum of money, if any, do you find from a preponderance of the evidence would fairly and reasonably compensate Brinder Bursey for the following damages claimed by her? Answer in dollars and cents or “zero.” 1. Past mental pain, humiliation, embarrassment, fear, anger, and emotional distress.
$ _____________________ 2. Future mental pain, humiliation, embarrassment, fear, anger, and emotional distress.
$ _____________________
2

Case 5:05-cv-00180-DF Document 76 Filed 12/04/2006 Page 3 of 3 Therefore, because the jury did not find from a preponderance of the evidence that Defendant Valor Telecommunications of Texas, L.P., discriminated against Plaintiff Brinder Bursey based on race and/or sex, the Court ORDERS that Plaintiff take nothing by her suit and that the Defendant . is in all things dismissed from this action. All relief not granted herein is DENIED This is a FINAL JUDGMENT SIGNED this 30th day of November, 2006.
____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE
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U.S. District Court [LIVE] Eastern District of TEXAS (Texarkana) CIVIL DOCKET FOR CASE #: 5:05-cv-00180-DF

CLOSED, JURY

Equal Employment Opportunity Commission v. Valor Communications Group Assigned to: Judge David Folsom Case in other court: 5th Circuit, 07-40015 Cause: 42:1981 Job Discrimination (Race)

Date Filed: 09/23/2005 Date Terminated: 12/04/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Mediator Allen Butler

represented by Allen Butler Hunton & Williams - Dallas 1445 Ross Ave Ste 3700 Dallas, TX 75202-2799 214/979-3000 Fax: 12148800011 Email: abutler@hunton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Equal Employment Opportunity Commission

represented by Devika Seth U S Equal Employment Opportunity Commission 207 S Houston St Dallas, TX 75202 214-253-2764 Fax: 1214253-2749 Email: devika.seth@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward Juarez Equal Employment Opportunity Commission - (San Antonio) 5410 Fredericksburg Rd, Ste 200 San Antonio, TX 78229 210-281-7613 Fax: 210-281-7669 Email: eduardo.juarez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Suzanne Elizabeth Anderson

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Intervenor Plaintiff Brinder Bursey
V. Defendant Valor Communications Group doing business as Valor Telecommunications
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https://ecf.txed.uscourts.gov/cgi-bin/DktRpt.pl?109056294828683-L_3...
EEOC 207 South Houston Street Dallas, TX 75202 214/253-2740 Fax: 214/655-3331 Email: suzanne.anderson@eeoc.gov TERMINATED: 11/07/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Judith G Taylor Equal Employment Opportunity Commission - (San Antonio) 5410 Fredericksburg Rd, Ste 200 San Antonio, TX 78229 210-281-7637 Fax: 210-281-7669 Email: judith.taylor@eeoc.gov ATTORNEY TO BE NOTICED
Toby W Costas Equal Employment Opportunity Commission 207 S Houston St 3rd Floor Dallas, TX 75202 214/253-2760 Fax: 1214 253-2749 Email: toby.costas@eeoc.gov ATTORNEY TO BE NOTICED
represented by Frank K Wheaton Scolinas Sheldon & Nevell 225 So Lake Avenue 14th Floor Pasadena, Ca 91101 Email: fkwheaton@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Gayla Campbell Crain Epstein Becker Green Wickliff & Hall 500 North Akard St Suite 2700 Lincoln Plaza Dallas, TX 75251-1219
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214/397-4325 Fax: 12143970702 Email: gcrain@ebglaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jaime Ramon Kirkpatrick & Lockhart Preston Gates Ellis LLP 2828 N. Harwood Suite 1800 Dallas, TX 75201 214-939-4902 Fax: 12149394949 Email: jaime.ramon@klgates.com TERMINATED: 11/15/2005 LEAD ATTORNEY
Mark David Downey Epstein Becker Green Wickliff & Hall Dallas 500 North Akard St Suite 2700 Lincoln Plaza Dallas, TX 75251-1219 214/397-4346 Email: mdowney@ebglaw.com ATTORNEY TO BE NOTICED
Von E Hays Kirkpatrick & Lockhart Preston Gates Ellis - Dallas 2828 North Harwood St Suite 1800 Dallas, TX 75201 214.939.4959 Fax: 214.939.4949 Email: von.hays@klgates.com TERMINATED: 11/15/2005

Date Filed 09/23/2005 09/23/2005

#

Docket Text

1 COMPLAINT with JURY DEMAND against Valor Communications Group , filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(sm, ) (Entered: 09/23/2005)
Summons Issued as to Valor Communications Group and mailed back to pla atty for service. (sm, ) (Entered: 09/23/2005)

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10/04/2005 10/21/2005 10/21/2005 11/03/2005 11/04/2005 11/04/2005 11/07/2005 11/10/2005
11/15/2005
12/12/2005 12/15/2005
12/16/2005 12/16/2005 12/20/2005

2 NOTICE of Attorney Appearance by Devika Seth Dubey on behalf of Equal Employment Opportunity Commission (Dubey, Devika) (Entered: 10/04/2005)
3 Defendant's Original ANSWER to Complaint by Valor Communications Group.(Ramon, Jaime) (Entered: 10/21/2005)
4 CORPORATE DISCLOSURE STATEMENT filed by Valor Communications Group (Ramon, Jaime) (Entered: 10/21/2005)
5 ORDER TO CONDUCT RULE 26 (f) CONFERENCE Rule 26 Meeting Report due by 12/29/2005.. Signed by Judge David Folsom on 11/3/05. (mrm, ) (Entered: 11/03/2005)
6 MOTION to Withdraw as Attorney by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Order Motion Withdraw Attorney)(Anderson, Suzanne) (Entered: 11/04/2005)
7 NOTICE of Attorney Appearance by Toby W Costas on behalf of Equal Employment Opportunity Commission (Costas, Toby) (Entered: 11/04/2005)
8 ORDER granting 6 Motion to Withdraw as Attorney. Attorney Suzanne Elizabeth Anderson terminated . Signed by Judge David Folsom on November 7, 2005. (rml, ) (Entered: 11/07/2005)
9 MOTION to Substitute Attorney Unopposed, MOTION to Withdraw as Attorney Unopposed by Equal Employment Opportunity Commission, Valor Communications Group. (Attachments: # 1 Text of Proposed Order)(Crain, Gayla) (Entered: 11/10/2005)
10 ORDER PERMITTING WITHDRAWAL AND SUBSTITUTION OF COUNSEL OF RECORD; granting 9 Motion to Substitute Attorney. Added attorney Gayla Campbell Crain for. Attorney Von E Hays and Jaime Ramon terminated, granting 9 Motion to Withdraw as Attorney. Added attorney Gayla Campbell Crain for. Attorney Von E Hays and Jaime Ramon terminated . Signed by Judge David Folsom on 11/15/05. (mrm, ) (Entered: 11/15/2005)
11 NOTICE of Disclosure by Valor Communications Group Initial (Crain, Gayla) (Entered: 12/12/2005)
12 MOTION to Amend/Correct 1 Complaint Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Amended Complaint# 2 Text of Proposed Order Proposed Order EEOC's Unopposed Motion to Amend Complaint)(Dubey, Devika) (Entered: 12/15/2005)
13 ORDER granting 12 Motion to Amend/Correct Complaint. Signed by Judge David Folsom on 12/16/2005. (sm, ) (Entered: 12/16/2005)
14 AMENDED COMPLAINT against Valor Communications Group, filed by Equal Employment Opportunity Commission.(Dubey, Devika) (Entered: 12/16/2005)
15 STATUS REPORT Joint Report regarding Rule 26(f) Conference by Equal Employment Opportunity Commission, Valor Communications Group. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Crain, Gayla) (Entered: 12/20/2005)

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12/22/2005
01/03/2006 02/22/2006 02/22/2006 03/06/2006 03/13/2006 03/17/2006
03/20/2006 03/20/2006 03/21/2006
03/29/2006 03/30/2006

16 SCHEDULING ORDER: Final Pretrial Conference set for 8/7/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Amended Pleadings due by 4/7/2006. Discovery due by 5/9/2006. Joinder of Parties due by 4/7/2006. Jury instructions due by 7/3/2006 Mediation Completion due by 5/17/2006. Motions due by 6/15/2006. Proposed Pretrial Order due by 7/28/2006.. Signed by Judge David Folsom on 12/22/05. (mpv, ) (Entered: 12/22/2005)
17 Original ANSWER to Amended Complaint and Affirmative Defenses by Valor Communications Group.(Crain, Gayla) (Entered: 01/03/2006)
18 APPLICATION to Appear Pro Hac Vice by Attorney Frank K Wheaton for Equal Employment Opportunity Commission (Brinder Bursey). (rml, ) (Entered: 02/22/2006)
Pro Hac Vice Filing fee paid by Frank Wheaton; Fee: $25, receipt number: 5-1-462 (rml, ) (Entered: 02/22/2006)
19 APPLICATION to Appear Pro Hac Vice by Attorney Edward Juarez for Equal Employment Opportunity Commission. (rml, ) (Entered: 03/06/2006)
20 APPLICATION to Appear Pro Hac Vice by Attorney Judith G Taylor for Equal Employment Opportunity Commission (fee waived due to government atty). (sm, ) (Entered: 03/13/2006)
21 DEFICIENT DOCUMENT - PLEASE IGNORE - MOTION for Extension of Time to Complete Discovery JOINT MOTION FOR ENLARGEMENTOF DEADLINES AND BRIEF IN SUPPORT by Equal Employment Opportunity Commission. (Juarez, Edward) Modified on 3/20/2006 (sm, ). (Entered: 03/17/2006)
NOTICE OF DEFICIENCY regarding the #21 Joint Motion to Extend submitted by Equal Employment Opportunity Commission, Valor Communications Group. Atty did not sign pleading so document must be refiled with correction. Correction should be made by 3/21/2006 (sm, ) (Entered: 03/20/2006)
22 MOTION for Extension of Time to Complete Discovery Joint Motion For Extension of Time by Equal Employment Opportunity Commission. (Juarez, Edward) (Entered: 03/20/2006)
23 ORDER, granting 22 MOTION for Extension of Time to Complete Discovery Joint Motion For Extension of Time filed by Equal Employment Opportunity Commission,. Final Pretrial Conference set for 9/7/2006 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Discovery due by 6/9/2006. Motions in Limine due by 8/28/2006. Proposed Pretrial Order due by 8/28/2006.. Signed by Judge David Folsom on 3/21/06. (mrm, ) (Entered: 03/21/2006)
24 Second MOTION for Extension of Time to File Dispositive Motions Deadline and Information Sharing Deadlines Associated With Joint Final Pretrial Order by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Juarez, Edward) (Entered: 03/29/2006)
25 ORDER granting 24 Motion for Extension of Time of deadlines regarding dispositive motions and joint pretrial order. Signed by Judge David Folsom on 3/30/2006. (sm, ) (Entered: 03/30/2006)

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03/30/2006 04/06/2006 04/10/2006 04/10/2006 04/11/2006 04/11/2006 05/09/2006 07/27/2006
07/31/2006
07/31/2006 08/03/2006 08/07/2006 08/08/2006 08/15/2006 08/16/2006

Set/Reset Scheduling Order Deadlines: Dispositive Motions due by 8/15/2006. Proposed Pretrial Order due by 8/28/2006. (sm, ) (Entered: 03/30/2006)
26 NOTICE of Disclosure by Valor Communications Group Filing Initial (Crain, Gayla) (Entered: 04/06/2006)
27 Joint MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1)(Juarez, Edward) (Entered: 04/10/2006)
28 NOTICE of Disclosure by Equal Employment Opportunity Commission (Juarez, Edward) (Entered: 04/10/2006)
29 NOTICE by Equal Employment Opportunity Commission Joint Mediation Notice (Juarez, Edward) (Entered: 04/11/2006)
30 AGREED PROTECTIVE ORDER. Signed by Judge David Folsom on 4/11/2006. (sm, ) (Entered: 04/11/2006)
31 NOTICE by Valor Communications Group Designation of Expert Witnesses (Crain, Gayla) (Entered: 05/09/2006)
32 ***FILED IN ERROR, IS NOT A MOTION, ATTY WILL REFILE CORRECTLY.***
MOTION for Disclosure Rule 26(a)(3) Pretrial Disclosures by Equal Employment Opportunity Commission. (Juarez, Edward) Modified on 7/31/2006 (sm, ). (Entered: 07/27/2006)
***FILED IN ERROR, IS NOT A MOTION, MUST BE REFILED AS A NOTICE OF PRETRIAL DISCLOSURE. Document # 32, Motion for disclosure. PLEASE IGNORE.***
(sm, ) (Entered: 07/31/2006)
33 NOTICE by Equal Employment Opportunity Commission of Rule 26(a)(3) Pretrial Disclosures (Juarez, Edward) (Entered: 07/31/2006)
34 MOTION to Continue Final Pretrial Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Text of Proposed Order)(Juarez, Edward) (Entered: 08/03/2006)
35 NOTICE by Valor Communications Group Pretrial Disclosures (Downey, Mark) (Entered: 08/07/2006)
36 Third Party MOTION to Intervene by Movant Brinder Bursey (Wheaton, Frank) Additional attachment(s) added on 8/9/2006 (sm, ). Modified on 8/14/2006 (sm, ). (Entered: 08/08/2006)
37 MOTION to Withdraw 34 MOTION to Continue Final Pretrial Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Juarez, Edward) (Entered: 08/15/2006)
38 ORDER; granting 37 Motion to Withdraw, withdrawing 34 Motion to Continue . Signed by Judge David Folsom on 8/16/06. (mrm, ) (Entered: 08/16/2006)

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08/17/2006 08/17/2006 08/21/2006 08/21/2006 08/25/2006 08/28/2006 08/28/2006 08/28/2006 08/28/2006 08/28/2006 08/29/2006 08/30/2006 08/31/2006 08/31/2006 08/31/2006 08/31/2006

39 NOTICE by Equal Employment Opportunity Commission re 33 Notice (Other) of Correction to Rule 26(a)(3) Disclosures (Juarez, Edward) (Entered: 08/17/2006)
40 NOTICE by Equal Employment Opportunity Commission re 35 Notice (Other) Objections to Defendant's 26(a)(3) Disclosures (Juarez, Edward) (Entered: 08/17/2006)
41 NOTICE by Equal Employment Opportunity Commission re 40 Notice (Other) Additional Objections to Defendant's 26(a)(3) Disclosures (Juarez, Edward) (Entered: 08/21/2006)
42 NOTICE by Valor Communications Group re 33 Notice (Other) Objections to Plaintiff's Pretrial Disclosures (Downey, Mark) (Entered: 08/21/2006)
43 ORDER granting 36 Motion to Intervene on behalf of Brinder Bursey (intv pla). Signed by Judge David Folsom on 8/25/2006. (sm, ) (Entered: 08/25/2006)
44 Proposed Pretrial Order by Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Juarez, Edward) (Entered: 08/28/2006)
45 Proposed Jury Instructions by Equal Employment Opportunity Commission. (Juarez, Edward) (Entered: 08/28/2006)
46 MOTION in Limine by Valor Communications Group. (Crain, Gayla) Additional attachment(s) added on 8/29/2006 (sm, ). (Entered: 08/28/2006)
47 MOTION in Limine by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Juarez, Edward) (Entered: 08/28/2006)
48 NOTICE by Equal Employment Opportunity Commission re 45 Proposed Jury Instructions EEOC's Objections to Defendant's Jury Instructions (Juarez, Edward) (Entered: 08/28/2006)
49 NOTICE of Hearing: Final Pretrial Conference reset for 9/5/2006 10:45 AM in Ctrm 319 (Texarkana) before Judge David Folsom. (mrm, ) (Entered: 08/29/2006)
50 NOTICE by Valor Communications Group Objections to Plaintiff's Proposed Jury Instructions and Questions (Crain, Gayla) (Entered: 08/30/2006)
51 JOINT FINAL PRETRIAL ORDER. Signed by Judge David Folsom on 8/31/06. (Attachments: # 1 Exhibit A# 2 Exhibit B)(mpv, ) (Entered: 08/31/2006)
52 MOTION re 44 Proposed Pretrial Order To Amend Plaintiff's Exhibit List by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order # 2 Exhibit)(Juarez, Edward) (Entered: 08/31/2006)
53 Proposed MOTION to Continue by Brinder Bursey. (Attachments: # 1 Text of Proposed Order Motion For Continuance)(Wheaton, Frank) (Entered: 08/31/2006)
54 RESPONSE in Opposition re 53 Proposed MOTION to Continue filed by Valor Communications Group. (Attachments: # 1 Text of Proposed Order Order Denying Intervener's Motion for Continuance)(Crain, Gayla) (Entered: 08/31/2006)

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09/01/2006 09/01/2006 09/05/2006 09/20/2006 09/21/2006 10/04/2006 10/04/2006
10/19/2006 10/25/2006
11/01/2006 11/02/2006 11/06/2006 11/07/2006

55 ORDER granting 52 Motion for leave to amend pla exhibit list . Signed by Judge David Folsom on 9/1/2006. (sm, ) (Entered: 09/01/2006)
56 RESPONSE to Motion re 47 MOTION in Limine filed by Valor Communications Group. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Crain, Gayla) (Entered: 09/01/2006)
57 Minute Entry for proceedings held before Judge David Folsom : Final Pretrial Conference held on 9/5/2006. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 09/05/2006)
58 MOTION re 51 Pretrial Order for Leave to Supplement by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Juarez, Edward) (Entered: 09/20/2006)
59 ORDER granting 58 Motion TO SUPPLEMENT THE JOINT PRETRIAL ORDER . Signed by Judge David Folsom on 9/21/06. (mrm, ) (Entered: 09/21/2006)
60 MOTION for Leave to File Response To Defendant's Motion In Limine by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Juarez, Edward) (Entered: 10/04/2006)
61 RESPONSE to Motion re 46 MOTION in Limine filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 Deposition of Lee Place# 2 Exhibit 1A Lee Place Affidavit# 3 Exhibit 2 Buster Brady Deposition# 4 Exhibit 3 Brinder Bursey Deposition# 5 Exhibit 4 Greg Marchesani Deposition# 6 Exhibit 5 Job Description With Comments# 7 Exhibit 6 Online Training# 8 Text of Proposed Order)(Juarez, Edward) (Entered: 10/04/2006)
62 RESPONSE in Opposition re 60 MOTION for Leave to File Response To Defendant's Motion In Limine filed by Valor Communications Group. (Crain, Gayla) (Entered: 10/19/2006)
63 VACATED as per order # 68 ORDER; ORDERED that the final ddl for filing all motions in this case is 11/3/06. Nothing in this order shall change any prior ddls already set in this case . Signed by Judge David Folsom on 10/25/06. (mrm, ) Modified on 11/21/2006 (mrm, ). (Entered: 10/25/2006)
NOTICE *DOCKET REMINDER* Final Pretrial Conference set for 11/6/2006 02:00 PM in Ctrm 319 (Texarkana) before Judge David Folsom. (mrm, ) (Entered: 11/01/2006)
64 ORDER granting 60 Motion for Leave to File Response to dfts motion in limine. . Signed by Judge David Folsom on 11/2/2006. (sm, ) (Entered: 11/02/2006)
65 Minute Entry for proceedings held before Judge David Folsom : Final Pretrial Conference held on 11/6/2006. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 11/06/2006)
66 ORDER granting 46 Motion in Limine, granting in part and denying in part 47 Motion in Limine, denied with respect to the issues of Mr. Brady's statements regarding race and gender related statements as well as the defendant's job posting for an Area Manager position in its New Mexico Division. Signed by Judge David

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11/07/2006
11/21/2006 11/22/2006 11/30/2006
11/30/2006 11/30/2006 11/30/2006 11/30/2006 11/30/2006 12/04/2006 12/12/2006
12/13/2006
12/18/2006
01/03/2007 01/04/2007 01/23/2007 02/01/2007
04/17/2007

Folsom on 11/7/06. (mpv, ) (Entered: 11/07/2006)
67 Minute Entry for proceedings held before Judge David Folsom : Jury Selection held on 11/7/2006. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 11/08/2006)
68 ORDER; vacating 63 Order. Signed by Judge David Folsom on 11/21/06. (mrm, ) (Entered: 11/21/2006)
69 NOTICE of Attorney Appearance by Mark David Downey on behalf of Valor Communications Group (Downey, Mark) (Entered: 11/22/2006)
70 Minute Entry for proceedings held before Judge David Folsom : Jury Trial began 11/27/06 and completed on 11/30/2006. (Court Reporter Libby Crawford.) (mrm, ) (Entered: 12/04/2006)
71 Jury Trial Exhibit List; (Attachments: # 1 Defendant's Exhibit List)(mrm, ) (Entered: 12/04/2006)
72 Jury Trial Witness List. (mrm, ) (Entered: 12/04/2006)
73 Jury Instructions. (mrm, ) (Entered: 12/04/2006)
74 Sealed Verdict Form (mrm, ) (Entered: 12/04/2006)
75 JURY VERDICT. (mrm, ) (Entered: 12/04/2006)
76 FINAL JUDGMENT . Signed by Judge David Folsom on 11/30/2006. (mrm, ) (Entered: 12/04/2006)
77 PROPOSED BILL OF COSTS filed by Valor Communications Group. (Crain, Gayla) Additional attachment(s) added on 12/13/2006 (sm, ). (Entered: 12/12/2006)
78 RESPONSE to 77 Proposed Bill of Costs PLAINTIFF'S OBJECTIONS TO DEFENDANT'S BILL OF COSTS by Equal Employment Opportunity Commission. (Taylor, Judith) (Entered: 12/13/2006)
79 RESPONSE to 78 Response to Non-Motion Reply to Plaintiff's Objections to Defendant's Bill of Costs and Brief in Support by Valor Communications Group. (Crain, Gayla) (Entered: 12/18/2006)
80 NOTICE OF APPEAL as to 76 Judgment by Brinder Bursey. Filing fee $ 455, receipt number 981227. (Wheaton, Frank) (Entered: 01/03/2007)
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 80 Notice of Appeal (sm, ) (Entered: 01/04/2007)
USCA Case Number 07-40015 for 80 Notice of Appeal filed by Brinder Bursey,. (sm, ) (Entered: 01/24/2007)
Appeal Remark re 80 Notice of Appeal: Transcript order forms mld to Atty Frank Wheaton, 1 set to home address and 1 set to office per atty. (mpv, ) (Entered: 02/01/2007)
TRANSCRIPT of Proceedings. Pretrial Hearing held 9-5-06 before Judge David Folsom. Court Reporter: Libby Crawford (aec, ) (Entered: 04/17/2007)

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04/17/2007 04/17/2007 04/17/2007
04/17/2007 04/17/2007 04/17/2007 05/03/2007 08/27/2007

TRANSCRIPT of Proceedings. Pretrial Hearing held 11-6-06 before JudgeDavid Folsom. Court Reporter: Libby Crawford (aec, ) (Entered: 04/17/2007)
TRANSCRIPT of Proceedings. Jury Voir Dire held 11-7-06 before Judge David Folsom. Court Reporter: Libby Crawford (aec, ) (Entered: 04/17/2007)
TRANSCRIPT of Proceedings. Trial held 11-27-06 before Judge David Folsom. Court Reporter: Libby Crawford (aec, ) Modified on 4/17/2007 (mrm, ). (Entered: 04/17/2007)
TRANSCRIPT of Proceedings. Trial held 11-28-06 before Judge David Folsom. Court Reporter: Libby Crawford (aec, ) (Entered: 04/17/2007)
TRANSCRIPT of Proceedings. Trial held 11-29-06 before Judge David Folsom. Court Reporter: Libby Crawford (aec, ) (Entered: 04/17/2007)
TRANSCRIPT of Proceedings. Trial held 11-30-06 before Judge David Folsom. Court Reporter: Libby Crawford (aec, ) (Entered: 04/17/2007)
Certified appeal record per 5th Circuit request due to filing of transcripts. (sm, ) (Entered: 06/04/2007)
88 USCA JUDGMENT as to 80 Notice of Appeal filed by Brinder Bursey, DISMISSING appeal for want of prosecution. Appellant failed to timely brief and record excerpts. (sm, ) (Entered: 08/28/2007)

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US Court of Appeals for the Fifth Circuit Case Summary

Court of Appeals Docket #: 07-40015 Nsuit: 1442 Civil Rights: Jobs EEOC v. Valor Comm Group Appeal from: Eastern District of Texas, Texarkana

Filed: 1/11/07

Lower court information: District: 0540-5 : 5:05-CV-180 Trial Judge: David Folsom, US District Judge

1/11/07 1/29/07 1/29/07 2/22/07
2/27/07
4/20/07 6/21/07 6/28/07 8/15/07 ?

Civil rights case docketed. NOA filed by Appellant Brinder Bursey. [07-40015] (cnf)
Appearance form filed by Gayla Campbell Crain for Appellee Valor Comm Group. [07-40015] ( No. of forms filed: 1) (lbm)
Appearance form filed by Temesha Evans-Davis for Appellee Valor Comm Group, Mark David Downey for Appellee Valor Comm Group. [07-40015] ( No. of forms filed: 2) (lbm)
Transcript order received from Appellant Brinder Bursey for Court Reporter Libby Crawford. Dates of Hearings: 11/27-11/30/06 (Jury Trial). [07-40015] Transcript Order ddl satisfied. Ct. Reporter Acknowledgment due on 3/9/07 for Libby Crawford. (jmw)
Transcript order acknowledgment received from Court Reporter Libby Crawford. Estimated pages: 920 Date Financial Arrangements Made: 2/21/07 [07-40015] Ct. Reporter Acknowledgment ddl satisfied. Transcript due on 4/17/07 for Libby Crawford. Ct. Reporter Discount Date is 4/23/07 for Libby Crawford. (jmw)
Transcript filed in district court by Court Reporter Libby Crawford on 4/17/07. [07-40015] Transcript ddl satisfied. Ct. Reporter Discount Date canceled. Notice of Certified ROA due on 5/2/07. (jmw)
Notice received from District Court, ROA certified. Electronic Pleadings: y Original Transcripts: y [07-40015] Certified ROA due ddl satisfied. (ina)
Briefing notice issued. [07-40015] A/Pet's Brief due on 8/7/07 for Brinder Bursey. (ina)
CLERK Order filed dismissing appeal pursuant to Local Rule 42 (failure to file brief and record excerpts) [5824962-1] Copies to all counsel. [07-40015] (cnf)

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 United States Court ofAppeals
FIFTH CIRCUIT OFFICE OF THE CLERK
CHARLES R.. FULBRUGE III CLERK

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

August 15, 2007

Mr David Maland, Clerk

Eastern District of Texas, Texarkana

United States District Court

Room 301

500 State Line Avenue

Texarkana, TX 75501

, - ;

No. 07-40015 EEOC v. Valor Comm Group USDC No. 5:05-CV-180

Enclosed is a certified copy of the judgment mandate.

Sincerely,
CHARLES R. FULBRUGE III, Clerk
(j~~__ k -fllhk~~u
By: Claudia Farrington, Deputy Clerk 504-310-7706
cc: wiencl: Mr Frank K Wheaton Ms Gayla Campbell Crain Mr Mark David Downey Ms Temesha Evans-Davis

MDT-l

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 07-40015
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Plaintiff

United States Court of Appeals Fifth Circuit
F I LED
August 15, 2007
Charles R. Fulbruge III
Clerk

and

BRINDER BURSEY

Intervenor Plaintiff - Appellant

v.
VALOR COMMUNICATIONS GROUP, doing business as Valor Telecormnunications
Defendant - Appellee

Appeal from the United States District Court for the Eastern District of Texas, Texarkana
CLERK'S OFFICE: Under 5TH CrR. R. 42.3, the appeal is dismissed as of
August 15, 2007, for want of prosecution. The appellant failed to timely brief and record excerpts.

CHARLES R. FULBRUGE III Clerk of the United States Court of Appeals for the Fi~th Circuit
(!£{ALd~ Jtj-aM~4~V
By: Claudia Farrington, Deputy Clerk
ENTERED AT THE DIRECTION OF THE COURT