IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION

FILED
SEP 2 3 2002
CLERK. U.S. IS RICT COURT WESTERN DIS CT OF TEXAS
ay __--~~~~~-

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
NBC MANAGEMENT, INC.,
Defendant.

§

§

02 09H NA §
§ Civil Action

CA 6

§

§ COMPLAINT AND

§ JURY TRIAL DEMAND

§

§

NATURE OF ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to correct unlawful employment practices on the basis of retaliation, and to provide appropriate relief to Melissa Aranda who was adversely affected by such practices. The U.S. Equal Employment Opportunity Commission (the "Commission") alleges that the Defendant, NBC Management, Inc. ("NBC"), subjected Melissa Aranda to a retaliatory discharge in violation of §704(a) of Title VII because she and her husband engaged in statutorily protected activity.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.c. § 2000e-5(f)(1) and (3) ("Title VII"), and Section 102 of the Civil Rights Act of 1991, 42 U.S.c. § 1981a. 2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Western District of Texas, Austin Division.

PARTIES 3. Plaintiff, the Commission is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VIT, and is expressly authorized to bring this action by Section 706(t)(1) and (3) of Title VIT, 42 U.S.C. § 2000e-5(t)(I) and (3). 4. At all relevant times, Defendant NBC has continuously been a Texas corporation doing business in the State of Texas and the City of Austin, and has continuously had at least 15 employees. 5. At all relevant times, Defendant NBC has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VIT, 42 U.S.c. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Melissa Aranda filed a charge with the Commission alleging violations of Title VIT by Defendant NBC. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. Since at least January 18,2002, Defendant NBC has engaged in unlawful employment practice(s) at its Austin, Texas, facility, in violation of Section 704(a) of Title VIT, 42 U.S.c. §2000e-3(a) by discharging Melissa Aranda because she and her husband engaged in statutorily protected activity. In December 2001, Melissa Aranda assisted her husband, Felipe Aranda, in filing a charge of discrimination against Defendant NBC. On or about January 11, 2002, Defendant NBC was served with Felipe Aranda's charge of discrimination. Seven days later, on January 18, 2002, Defendant NBC discharged Melissa Aranda. 8. The effect of the practice(s) complained of in paragraph seven above has been to

Plaintiffs Original Complaint

Page 2

deprive Melissa Aranda of equal employment opportunities and otherwise adversely affect her status as an employee because of retaliation.
9. The unlawful employment practice(s) complained of in paragraph seven above were intentional.
10. The unlawful employment practice(s) complained of in paragraph seven above were clone with malice or with reckless indifference to the federally protected rights of Melissa Aranda.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant NBC, its officers, successors, assigns, and all persons in acti ve concert or participation with it, from engaging in retaliation or from any employment practice which discriminates on the basis of retaliation or which facilitates, condones, or encourages retaliation; B. Order Defendant NBC to institute and carry out policies, practices, and programs which provide equal employment opportunities to individuals who participate in protected activity under Title VII, and which eradicate the effects of its past and present unlawful employment practices; C. Order Defendant NBC to make whole Melissa Aranda, 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, including but not limited to the reinstatement of Melissa Aranda, or front pay in lieu thereof; D. Order Defendant NBC to make whole Melissa Aranda, by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in

Plaintiff's Original Complaint

Page 3

paragraph seven above, including, but not limited to, job search expenses, in amounts to be determined at trial;
E. Order Defendant NBC to make whole Melissa Aranda, by providing compensation for past and future nonpecuniary losses resulting from the unlawful employment practices described in paragraph seven above, including but not limited to pain and suffering, humiliation, embarrassment, emotional distress, anxiety, inconvenience, and loss of enjoyment of life, in an amounts to be determined at trial;
F. Order Defendant NBC to pay Melissa Aranda punitive damages for its malicious and reckless conduct described in paragraph seven above, in amounts to be determined at trial;
G. Grant such further relief as the Court deems necessary and proper in the public interest; and
H. Award the Commission its costs of this action. JURy TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its complaint. Respectfully submitted, GWENDOLYN YOUNG REAMS Associate General Counsel
~,~~
ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 0760873

Plaintiffs Original Complaint

Page 4

Supervisory Trial Attorney Texas State Bar No. 0864
}
CONNIELIEM Trial Attorney Texas State Bar No. 00791113
EQUALEMWLOYMENTOPPORTUNITY COMMISSION
San Antonio District Office 5410 Fredericksburg Rd., Ste. 200 San Antonio, TX 78229-3555 Telephone: (210) 281-7629 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

Plaintiff's Original Complaint

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U.S. District Court [LIVE] Western District of Texas (Austin) CIVIL DOCKET FOR CASE #: 1:02-cv-00609-HLH

CLOSED

Equal Employment v. NBC Management, Inc. Assigned to: Honorable Harry Lee Hudspeth Demand: $0 Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 09/23/2002 Date Terminated: 06/18/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Connie Liem U.S. Equal Employment Opportunity Commission 401 "B" St. Suite 510 San Diego, CA 92101-3555 (619) 557-7284 Fax: 619/557-7274 TERMINATED: 11/26/2002 LEAD ATTORNEY

David C. Rivela EEOC San Antonio District Office 5410 Fredericksburg Rd. Suite 200 San Antonio, TX 78229 (210) 281-7619 Email: david.rivela@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Rd., Suite 200 San Antonio, TX 78229-3555 (210)281-7638 Fax: (210)281-7669 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith G. Taylor U.S. EEOC San Antonio District Office

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5410 Fredricksburg Rd. Suite 200 San Antonio, TX 78229-3555 (210) 281-7673 Fax: 210/281-7669 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Linda Gutierrez E.E.O.C. 5410 Fredericksburg Rd. 200 Mockingbird Plaza II San Antonio, TX 78229 (210) 281-7637 Fax: 210/281-7669 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredericksburg Road Suite 200 San Antonio, TX 78229-3555 (210) 281-7643 Fax: (210) 281-7669 Email: robert.harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Brian Strother Greig Fulbright & Jaworski L.L.P. 600 Congress Ave. Suite 2400 Austin, TX 78701 (512) 536-4510 Fax: 512/536-4598 Email: bgreig@fulbright.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chris G. Jacobs Fulbright & Jaworski 600 Congress Ave. Suite 2400
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Austin, TX 78701 (512) 633-5553 Fax: 512/ Email: chris_jacobs@post.harvard.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/23/2002 09/23/2002 09/23/2002 11/15/2002 11/21/2002 11/21/2002 11/22/2002 11/26/2002
12/20/2002 01/08/2003 01/09/2003
01/29/2003 02/07/2003
02/09/2003 02/10/2003

#

Docket Text

Case assigned to Honorable Harry L. Hudspeth (fe) (Entered: 09/23/2002)
1 Complaint filed. Filing Fee: $ wv (Pages: 5) (td) (Entered: 09/23/2002)
Court file forwarded to Judge Hudspeth. (td) (Entered: 09/23/2002)
2 Motion by Equal Employment to substitute attorney (David C. Rivera for Connie Liem) , and for Connie Liem to withdraw as attorney (td) (Entered: 11/18/2002)
Summons issued for NBC Management, Inc. (fe) (Entered: 11/21/2002)
3 Motion by Equal Employment for David C. Rivela to appear pro hac vice (td) (Entered: 11/21/2002)
4 Order granting motion for David C. Rivela to appear pro hac vice [3-1]. (HH) (td) (Entered: 11/22/2002)
5 Order granting motion to substitute attorney (David C. Rivera for Connie Liem) [2-1], granting motion for Connie Liem to withdraw as attorney [2-2]. (Noticed 11/27/02.) (mc2) (Entered: 11/27/2002)
Summons issued for NBC Management, Inc. (td) (Entered: 12/20/2002)
6 Original Answer by NBC Management, Inc. (fe) Modified on 01/09/2003 (Entered: 01/09/2003)
7 Scheduling order setting Joining of parties, amending of pleadings on 2/9/03; Deadline for filing of all motions 6/19/03; Discovery cutoff 6/9/03; Alternate Dispute Resolution Report due by 2/9/03; Jury Selection set for 8:30 7/21/03; Jury trial set for 8:30 7/21/03 signed by Honorable Harry L. Hudspeth. (td) (Entered: 01/10/2003)
8 Notice of attorney appearance for Equal Employment by Judith G. Taylor (copy of scheduling order mailed to Attorney Taylor) (td) (Entered: 01/30/2003)
9 Alternate Dispute Resolution Report filed by Equal Employment, NBC Management, Inc., Party(s) do not agree to Alternate Dispute Resolution (td) (Entered: 03/04/2003)
10 Motion by NBC Management, Inc. for leave to file first amended answer (rec'd amd ans) (td) (Entered: 02/10/2003)
11 Order granting motion for leave to file first amended answer [10-1] signed by Honorable Harry L. Hudspeth. (td) (Entered: 02/11/2003)

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02/10/2003 06/09/2003 06/10/2003 06/17/2003 06/18/2003 06/18/2003 06/18/2003

12 Amended answer by NBC Management, Inc.: answer [6-1] (td) (Entered: 02/11/2003)
13 Motion by Equal Employment, NBC Management, Inc. to modify/amend Scheduling order [7-1] (td) (Entered: 06/10/2003)
14 Notice Motion hearing motion to modify/amend Scheduling order [7-1] [13-1] for 1:30 6/19/03 before Judge Hudspeth. (td) (Entered: 06/11/2003)
15 Joint motion by Equal Employment, NBC Management, Inc. to Enter Consent Decree (td) (Entered: 06/17/2003)
16 Order granting joint motion to Enter Consent Decree [15-1] Consent Decree filed, signed by Honorable Harry L. Hudspeth (td) (Entered: 06/19/2003)
17 Final Judgment Order Entering Consent Decree signed by Honorable Harry L. Hudspeth (Pages: 1) (td) (Entered: 06/19/2003)
Case closed (td) (Entered: 06/19/2003)

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 · .

FILED

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

JUN 1 8 2003

AUSTIN DIVISION

CLE~Kj u.s. DISTRICT COURT
W,9'tE~N OISTRICi OF TEXAS BV _ _ _~'i"!III'I'l_ _
DEPUTY cLEI~r

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

Plaintiff,

§

§ Civil Action No. A·02·CA·609·H

v.

§

§

NBC MANAGEMENT, INC.,

§

§

Defendant.

§

CONSENT DECREE The parties to this Consent Decree are the Plaintiff, United States Equal Employment Opportunity Commission ("EEOC"), and Defendant, NBC Management, Inc. ("NBC"). This Consent Decree resolves the allegations raised by the EEOC in the above-referenced Civil Action No. A-02-CA-609. The EEOC initiated this lawsuit under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991, to correct alleged unlawful employment practices on the basis of retaliation for opposing discrimination or participating in protected activities and to provide appropriate relief to Melissa Aranda, who the EEOC maintains was adversely affected by these alleged practices. The EEOC alleges that Defendant, NBC Management, Inc., discriminated against Melissa Aranda when it terminated her employment for engaging in protected activity under Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a). NBC Management, Inc. denies this allegation and that it engaged in any unlawful employment practices. To avoid the expense and uncertainty of further litigation, the EEOC and Defendant, NBC Management, Inc., wish to settle this action, without the necessity of further litigation, pursuant to the terms delineated in this Decree.
ler

IT IS ORDERED, ADruDGED AND DECREED as follows: 1. This Court has jurisdiction of the subject matter of this action and the parties; venue
is proper; and all administrative prerequisites to the EEOC's filing of this action have been met. The parties stipulate to the Court's jurisdiction.
2. NBC Management, Inc. denies that it retaliated against Ms. Aranda or engaged in any unlawful employment practices as alleged in the Complaint. This Decree is not an admission by NBC Management, Inc. of liability, which has been denied, nor is there any finding of retaliation, discrimination or liability.
3. This Decree resolves those claims against NBC Management, Inc. raised in EEOC's Complaint in this case. EEOC expressly reserves its right to process and litigate any other charges which may now be pending or may in the future be filed against Defendant NBC Management, Inc.
4. The duration of this Decree shall be three (3) years from the date of its entry by the Court. This Court retains jurisdiction of this action for that three year period and may enter such other and further relief as it deems appropriate to ensure implementation and enforcement of its provisions. In the event that the Court finds that the terms of the Consent Decree have been violated, the EEOC shall have the right to request the Court to toll the term of the Consent Decree for up to the period of the violation.
5. Defendant NBC Management, Inc. will not retaliate in any manner against Melissa Aranda for opposing any employment practice made unlawful by Title VII, or for filing a discrimination charge, giving testimony or assistance, or participating in any manner in any investigation, proceeding, hearing or action under Title VII.
6. Within 90 days of the date of this Decree, Defendant NBC Management, Inc. shall
2

distribute copies of the Notice, attached as Exhibit "A," to all supervisory and managerial employees employed by Defendant NBC Management, Inc. at its Austin, Texas facility. Each supervisory and managerial employee will sign an acknowledgment form, indicating that he/she has read and understood the terms of the Notice.
7. Within 180 days of the entry of this Decree, NBC Management, Inc. shall provide to the EEOC evidence that its managerial, supervisory, and all employees with authority to make recommendations and/or decisions that affect personnel actions have received a minimum of four (4) hours of training explaining that retaliation against employees who make, provide testimony,
assistance or participate in any investigation, proceeding, hearing or action under Title vn is
prohibited. Within thirty (30) days prior to the date scheduled for this training, Defendant NBC Management, Inc. shall furnish to the EEOC a written report ~escribing the training to be attended by NBC Management, Inc.'s management team, identifying the instructor(s) and describing their qualifications to conduct such training, and the EEOC shall have the right to approve the training and the instructor. The EEOC agrees that the instructor may be an employee of NBC Management who has received appropriate training on antidiscrimination laws and agrees not to unreasonably withhold its approval of the training and the instructor. The EEOC expressly approves Fulbright & Jaworski L.L.P. to conduct this training.
8. Following the entry of this Decree, Melissa Aranda shall deliver to David Rivela, Attorney, San Antonio District Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas, the Settlement Agreement and Release attached as Exhibit B to this Consent Decree, along with acompleted IRS W-9 form. The EEOC will then forward those documents to counsel for NBC Management, Inc. Within fourteen days of
3

--.
delivery of the executed Settlement Agreement and Release and 1-9 form to its counsel, Defendant NBC Management, Inc., in settlement of this dispute, shall deliver to Melissa Aranda a signed copy of the Settlement Agreement and Release, along with $7,000.00 (SEVEN THOUSAND AND 00/100 DOLLARS). No later than ninety days after receipt of the Settlement Agreement and Release, Defendant NBC Management, Inc. shall pay an additional $7,000 (SEVEN THOUSAND AND 00/100 DOLLARS) to Melissa Aranda. Each of these two payments shall be made by check . and the obligation is satisfied by placing payment in the United States mail, return receipt requested, directly to Melissa Aranda at the following address: Melissa Aranda, 739 W. William Cannon Dr. #1008, Austin, Texas 78745. Should the funds not subsequently be received, NBC Management, Inc. and Melissa Aranda shall cooperate to accomplish delivery.
9. A copy of all the settlement checks, and any accompanying transmittal documents shall be forwarded to: David Rivela, Attorney, San Antonio District Office, United States Equal Employment Opportunity Commission, 5410 Fredericksburg Road, Suite 200, San Antonio, Texas 78229.
10. The terms of this Decree shall be binding upon the EEOC and Defendant NBC Management, Inc., its agents, officers, employees, servants, successors, and assigns, as to the issues resolved herein.
11. The parties to this Decree shall bear their own costs and attorney's fees incurred in this action. The parties agree that pursuant to Section 706(k) of Title VII, 42 U.S.C. § 2000e-5(k), there is no "prevailing party" in this action or proceeding, and all relief not expressly granted is denied.
The Clerk shall furnish a copy hereof to each attorney of record
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so ORDERED.Jh,
Signed this Jt::day of ....,tC-,1-=-"":-';:=l---' 2003.

Respectfully submitted,
GWENDOLYN YOUNG REAMS Associate General Counsel

ROBERT B. HARWIN Regional Attorney D.C. State Bar No. 076083

pervisory Trial A:ttorney ! exas State Bar No. 19708300

BRIAN S. GRE G Texas State Bar No. 08439800 CHRIS G. JACOBS Texas State Bar No. 24027023
FULBRIGHT & JAWORSKI L.L.P. 600 Congress Ave., Suite 2400 Austin, Texas 78701 Telephone: (512) 474-5201 Telecopier: (512) 536-4598
ATTORNEYS FOR DEFENDANT

DAVID RIVELA Texas State Bar No. 00797324
EQUALEMPLOYMENTOPPORTDmTY COMMISSION 5410 Fredericksburg Road, Suite 200 San Antonio, Texas 78229 Telephone: (210) 281-7619 Telecopier: (210) 281-7669
ATTORNEYS FOR PLAINTIFF

5

,'\ Received 01/31/2003 15:06 in - 2 on line [6] for BG00375 printed 02/20/2r -. 13:08 11 Pg 8/11

Jan-31-03 ~4:16pm From-EEOC

Z10-l81-7S69

T-916 P.OOB/~ll F-006

NOTICE TO ALL EMPLOYEES
NBC MANAGEMENT, INC. SVPPORts FEDERAL LAW REQli'IRING THERE BE NO DISCRIMINATION AGAINST A.1,,{Y APPLICA.'IT OREMPLOYEEBECAUSEOFlfiS ORHER RACE, COLOR, SEX, NATIONAL ORIGIN. REUGION. AGE OR DISABn.ITY AND
RE~SrrSCO~NTNOTTOD~CRThfiNATEAGA~STANYAPPUCANTOR
EMPLOYEE ON ANY TERM OR CONDmON OF EMPLOYMENT. THIS POllCY APPLIES TO AI.l..EMPLOYMRNTDEClSIONS.1'{CLUDINQHIRlNGOR REHIR.I1\O, RECR~"T~ RETENTION, PROMOTION, TRANSFERI LAYOFF A.~JOR TERMINATION, AND All OTHER TERMS AND CONDmONS OF EMPLOYMENT.
NBCMANAGEMEN'1\IN'C. WlltLNOT»ISCRTh1lNATEAGAlNSr ANYEMPLOYEE FOR OPPOSING EMPWYMENT DISCRIMINATION, FOR FlLING ORPARTIClPATlNG IN ACHARGEOFEMPLO'YMENTOTSCRlMINATION, Al.'ID'ORFUR ASSOCIATING wrrHAN EMPLOYEE WHO OPPOSES EMPLO'YMENT DISCRIMINATION OR FILES OR PARTICIPA1ES ll\ A CHARGE OF EMPLOYMENT lJISCRIMINATIO!';
IF YOU BELIEVE YOU ARE BEING DISCRIM.1KATED AGAINST IN ANY TERMOR COl\-omON OF YOUR EMPLOYMENT BECAUSE OF YOIJR RACE, REUGION. COLOR, NATIONALORIGIN,SEX,AGE, ORDISABILITYtOR THAT YOU AREBEINOSUBJECTED TO BARASSME~'" BECAUSE Of YOUR G~nER OR HAVING ENGAGED IN TITLE VHPROTECTED ACTIVITY, YOU ARB ENCOURAGED TO SEEK ASSISTAKCE FROM SUPERVISORY PERSONNEL, THE PERSONNEL DEPARTMENT, OR FROM TIIE UNITED STATES EQUAL EMPLOYMENT OPPOR11JNITYCOMMISSION, 5410FREDERICKSBURO ROAD, SUITE 200, SAN A.\110NIO, TEXAS 78229-3550, (210) 281-7600 OR 1-800-669-4000.
NO RETALIATORY ACTION MAY BE TAKEN AGAlNST YOU FOR SEEK:IN'O
ASSISTANCE, FlUNG A CHARGE, OR COMMUNICATING WITH TIIE 1Jl\'rJTED STATES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.
EEOC ENFORCES TITLE VH OF THE CIVIL RIOmS ACT OF 1964, wmCH PROmBITSEMPLOYMENTDISCRlMINATIQNBASEDONRACE.COLOR.REUGION,SEX ORNATIONALORIGIN; THEAGEDlSCR1M1NATION IN EMPLOYMENT ACT; THEEQUAL
PAY ACT; PROHIBITIONS AGAINST DISCRIMINATION AFFECTING INDIVIDUALS wmr
DISABlllTIES; SECTIONS OF lHE CIVll., RIGHTS ACT OF 1991, AND TITLE I OF THE AMERICANS WlTHDLSABILITms ACT, wmCHPROHIBITS DISCRIMINATION AGAINST
PEOPLE WITH DISABILITJES IN THE PRIVATE SECTOR AND STATE A."ID LOCAL
GOVERNMENTS.

CQ1lSent Dt.cree

PO¥e5
EXHIBIT
I A

•..

SETTLEMENT AGREEMENT AND RELEASE
In complete settlement of any and all pending or potential disputes between the parties Melissa Aranda ("Aranda"), on the one hand, and NBC Management, Inc. ("NBC") on the other hand (collectively referred to as the "Parties"), including but not limited to all claims which were or could have been raised in the Charge of Discrimination #36AA200143 (hereinafter the "EEOC Charge") filed by Aranda against NBC, the Parties voluntarily enter into this Confidential Settlement Agreement and Release (the "Agreement").
1. General Release Language: Aranda, for herself and anyone who could bring a claim on her behalf, fully releases NBC and any related businesses, along with the Company's current and former employees, directors, agents, owners, attorneys and insurers (called the "Releasees"), from any and all claims, causes of action, damages, and attorneys' fees arising out of the events made the basis of her EEOC Charge. This includes causes of action that are not brought under Title VII but that arise out of the discharge made the basis of her EEOC Charge. Aranda further agrees not to sue Releasees in connection with her discharge.
2. Payment: Because of Aranda's promises in this Agreement, NBC agrees to pay Aranda the total sum of Fourteen Thousand Dollars ($14,000.00). Aranda acknowledges and agrees that this consideration is all she will receive from the Releasees, and that she expects no other consideration. The payments to Aranda will be structured as set forth in Paragraph 8 of the Consent Decree entered to in the case styled A-02-CA-609-H., Equal Employment Opportunity Commission v. NBC Management, Inc.
3. Tax Liability; Indemnification: Aranda agrees that all of her tax obligations which may arise from the payments set forth in Paragraph 2 shall be her sole obligation, and that she indemnifies NBC against any and all costs, penalties, taxes, fees or other payments made or required as a result of the payment. Aranda acknowledges that she has not relied upon any representation of NBC or its attorneys as to the taxability or nontaxability of said monies.
4. Non-Admissions: Aranda acknowledges that by entering into this Agreement, neither NBC nor any other Releasee admits any violation of any law or wrongdoing. Aranda acknowledges and agrees that this Agreement shall not represent any kind of admission of fault, which is expressly denied by NBC.
5. Severability: If any provision of this Agreement is held to be invalid, the Parties agree that the rest of the Agreement shall remain in full force and effect, with the exception that Aranda must return the payment referred to in Paragraph 2 if Paragraph 1 is held invalid.
6. Entire Agreement: This Agreement constitutes the entire agreement between Aranda and NBC on the issue of Aranda's release of NBC and on severance payments.
7. Voluntary Agreement; Opportunty to Confer with Counsel: The Parties agree that they have read this Agreement and that they have been encouraged to consult their own attorneys if they have any questions regarding the Agreement; that they are entering into this Agreement

30476816.111 0212092

EXHIBIT
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with full understanding of its legal consequences; and that they agree to be bound by the Agreement.
IN WITNESS WHEREOF, I have reviewed this Settlement Agreement and Release, understand and agree to be bound by its terms, and have signed this Agreement knowingly, as a voluntary act of my own free will and deed, and after having had the opportunity to review and discuss its terms with legal counsel of my choosing.

MELISSA ARANDA

Date: _ _ _ _ _ _ _ _ __

By: MELISSA ARANDA

This instrument was acknowledged before me on this _ _ day of _ _ _ _ _, 2003, by Melissa Aranda.

Date: _ _ _ _ _ _ _ _ __

Notary Public in and for The State of Texas
NBC MANAGEMENT, INC.
By: _____________

This instrument was acknowledged before me on this _ _ day of _ _ _ _ _,' 2003, by _ _ _ _ __

Notary Public in and for The State of Texas

30476816.1/10212092

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