IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

Southern FILED
SEP 2, 3 2004

EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION Plaintiff

-04
CIVIL ACTION NO.

-3706

SAPARK ENTERPRISES, L.L.C. d/b/a RAMADA INN PASADENA
Defendant.

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT 1. 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, as amended, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Lori Lambert and Tawna Giamalva and a class of female employees who were adversely affected by such practices. The Defendant, Sapark Enterprises, L.L.C. d/b/a Ramada Inn Pasadena unlawfully denied female employees equal employment opportunities by subjecting them to sexual harassment in violation of Title VII. Additionally, Defendant, in retaliation for their complaints about the sexual harassment, imposed adverse terms and conditions of employment on Ms. Lambert and Ms. Giamalva and other female employees resulting in their constructive discharge.
JURISDICTION AND VENUE 2. Jurisdiction ofthis court is invoked pursuantto 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, as amended, 42 U.S.C. §1981A.
3. Venue is proper in this court because the unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission ("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 (f)(1) and (3), 42 U.S.C. §2000e-5 (f)(1) and (3). 5. Defendant Sapark Enterprises, L.L.C. d/b/a Ramada Inn Pasadena ("Ramada Inn") has continuously been and is now doing business in the State of Texas and the City of Pasadena and has continuously had more than 15 employees. Ramada Inn may be served with process by serving its registered agent in Texas, Sat Parkash Sanger, 2349 Hill-N-Dale, Irving, Texas 75038. 6. At all relevant times, Ramada Inn has continuously been an employer engaged in an industry affecting commerce with the meaning of Sections 701(b),(g) and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Lori Lampert and Tawna Giamalva ("Charging Parties") filed a charges of discrimination with the Commission alleging violation of Title VII by Ramada Inn, their former employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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8. Since at least 2003, Ramada Inn has engaged in unlawful employment practices at its hotel located at 114 South Richey in Pasadena, Texas, in violation of Sections 703(a)(1) and 704(a) of Title VII.
9. Ramada Inn, by and through its agent, Romesh Garg, the food and beverage manager at the hotel, subjected Charging Parties and other female employees to unwelcome sexual propositions and comments, sexual gestures, and offensive touching because of their sex, female. Specifically, among other things, Mr. Garg pressured them to go out with him, repeatedly stared at their genitals and breasts, rubbed his genitals while staring at their breasts, asked females to come to his room in the hotel (impliedly for sex), hugged female employees and kissed or attempted to kiss them. He would make inappropriate and unwelcome sexual remarks to them as well. Female employees who resisted his advances were threatened with a cut in their work hours. The sexual harassment was repeatedly reported to management at Ramada Inn, yet no effective action was taken to halt the harassment. On several occasions, the sexual harassment was observed by the owner of the hotel, who did nothing to stop Mr. Garg from engaging in this inappropriate and illegal behavior. The complained of conduct was so sexually hostile and occurred with such frequency and severity that it affected the terms, conditions, benefits and privileges of employment and created a hostile work environment.
10. Charging Parties, as other women had before them, complained to management about the sexual harassment. In retaliation for having resisted the sexual harassment and/or complaining about it, Charging Parties and the other female employees subjected to this sexual harassment had their hours substantially cut, had their work intensely scrutinized and had other adverse terms and conditions of employment imposed
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on them. As a result of these retaliatory actions, they were constructively discharged from their employment with Ramada Inn.
11. Charging Parties and other female employees were subjected to a series of separate, harassing acts that collectively constituted an unlawful employment practice.
12. The unlawful employment practices complained of above were intentional and based on the gender of Charging Parties and the other female employees.
13. The effect of the practices complained of above has been to depriveCharging Parties and other female employees of equal employment opportunities and otherwise adversely affected their status as employees, because of their gender, by requiring them to be subjected to sexual harassment in the workplace.
14. The unlawful employment practices described above were committed with malice or with reckless indifference for the federally protected civil rights of Charging Parties and other female employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 15. Grant a permanent injunction enjoining Ramada Inn, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of sex; 16. Order Ramada Inn to institute and carry out policies, practices and procedures which provide equal employment opportunities for women and which eradicates the sexually hostile work environment; 17. Order Ramada Inn to make Charging Parties whole by providing appropriate back pay, with prejudgment interest in amounts to be determined at trial, and other
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affirmative relief necessary to eradicate the effects of the unlawful employment practices they were subjected to;
18. Order reinstatement into a comparable positions for Charging Parties or award front pay in the amounts to be proven at trial if reinstatement is impractical;
19. Order Ramada Inn to make whole those females who were constructively discharged from their employment as a result of the sexual harassment by providing appropriate back pay to them, with prejudgment interest in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices they were subjected to;
20. Order reinstatement into comparable positions for each of the class of females who were constructively discharged from their employment as a result of the sexual harassment or award front pay in the amounts to be proven at trial, if reinstatement is impractical;
21. Order Ramada Inn to pay compensatory damages to Charging Parties and to each of the class of females subjected to sexual harassment in the workplace for their past and future pecuniary losses resulting from the unlawful employment practices described above;
22. Order Ramada Inn to pay compensatory damages to Charging Parties and to each of the class of females subjected to sexual harassment in the workplace for their past and future non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses they suffered as a result of the unlawful employment practices described above, in amounts to be proven at trial;
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23. Award punitive damages to Charging Parties and to each of the class of female employees of Ramada Inn subjected to the unlawful employment practices described above, in amounts to be proven at trial;
24. Award pre-judgment and post-judgment interest on all amounts recovered as allowed by law;
25. Order all affirmative relief necessary to eradicate the effects of its unlawful employment practices;
Award the Commission its costs in this action; and Grant such other and further relief as the Court deems necessary and proper.
JURY TRIAL DEMANDED 28. The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
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OF COUNSEL
Regional Attorney H~uston District Office ~1~19 Smith, 7th Floor Houston, Texas 77002 (713) 209-3398 Fax: (713) 209-3402

By:
TBN: 02717500 SDN: 10145 Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402
ATTORNEYS FOR PLAINTIFF

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JS 44

(Rev. 07/89)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleading~ or other papers as required by law, except ~ provided by local roles of court, This form,

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Coral for the purpose ofiniriating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE

OF TIlE FORM.)

l(a) PLAINTIFFS
~¢l QUAL EMPLOYMENT OPPORTUNITY COMMISSION (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U.S, PLAINTIFF CASES)
~KaLh ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) y Boutchee, Trial Attorney EEOC-Houston District Office
~_.1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399

DEFENDANTS
SAPARK ENTERPRISES, L.L.C. d/b/a RAMADA INN PASADENA
COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

11. BASIS OF JURISDICTION (PLACE ,’Mq x IN ONE BOX ONLY)

[x] I U.S. Government Plaintiff
[l 2 U.S. Government Defendant

[] 3 Federal Question (U.S, Government Not a Party) [] 4 Diversity (Inthcate Citizenship of Parties in Item II1)

II!. CITIZENSHIP OF PRINCIPAL PARTIES (PI,ACEANxlNONEBOX

(For Diversity Cases Only) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)

PTF DEF Citizen of This State [ ] I [ ] I
Citizen ofAnother State []2 []2
Citizen or Subject of a [ ] 3 [ ] 3

PTF DEF

Incorporated or Principal Place [ ] 4 [ ] 4

of Business in This State

Incorporated and Principal Place [ ] ~ [ ] $

of Business in Another State

Foreign Nation

[ ] 6 [ ] 6

Foreign Country

IV. CAUSE OF ACTION (aTE ~ u s civil STATUTE UNDER WlriCH YOU ARE. FILINO AND WRITE A BR[EF STA IEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLF.SS DIVERSITY ) Sapark Enterprises, L.LC. d/b/a Ramada Inn Pasadena engaged in unlawful employment practices by subjecting Lori Lambert and Tawna Giamalva and a class of female employees to sexual harassment in violation of Title VII. Ms. Lambert and Ms. Giamalva, and other female employees were also constructively discharged in retaliation for their complaints about the sexual harassment.

V. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)

CONTRACT
[] I10 Insurance
[] 120
[] 130 Miller At,I [] 140 Nesmmblelnstnamcnt [] 150 R~v~of~3~t &
1 / 52 R~o~ ot’~foult~
REAL PROPERTY [] 210 tandCondemnaUon [] 220 l"o~closut¢
[] 230 Rentlxa~e&Eje~Unem
[] 240 Tomm~nd
[] 245 T~ ~1Lm~hty
[] 290 ~" ~ ~ ~

TORTS

PERSONAL INJURY [] 310 At=plan= [] 31S A,~plan* Produot Lmb,hty [] 320 Assault. L,b¢l & Slan~ [] 330 V~l Employm’ [] 340 M

PERSOpNcrA,~mL, INJURY [] 36~ed Malpractice

[] 365 Vcr’~o.=l Injm~-Produet
].tahlhty

[]

]~t

~t~ p~t
Lmbday

PERSONAL PROPER~

[] 360 ~

[] 371 Tm~m~mB [] +80 ~ P~+a ~

CIVIL RIGHTS [] 441 [X] 442 Emptoymcm
[] 443 tlousm~/Ac¢ommodatmm [] 444 Welfare [] 440 O~,

PRISONER PETITIONS [] s to m,.,o., t,, v==,o
[] 53o’~’
[] s,lo ~,~m=*
[] s~o

FORFEITURE/PENALTY
[] 610 A~neuttur°
[] 620 ~ Food,~ D~S
]a P6r2o5peD~ry~2R1UelSatCed88S1eu~ure or
[] 630 Liquor [] 640 R R ,~ T=k [] ~0 A,rh=
LABOR [] 710 Fanlatbor Standards Act
[] 740 ~*Y [] 790 ~= ~ I.m~tim

BANKRUPTCY
[] 422 ..~I28USC 15S [] 423 W,md~wa128 usc t57
PROPERTY RIGHTS
[] 820 cor~. [] 830
[] 840 Trademark
SOCIAL SECURITY
[] 861 HIA(1395f0
[] 862 Black Lung (923)
[] 863 DIW&OIWW (4os~)) [] 864 SSID T,tl© ×Vl [] S65 RSl (40S®)
FEDERAL TAX SUITS
[] 871 IBs-ah,rd r.~y 26 USC 7609

OTHER STATUTES
[] 400 state R~ppontonment [] 410 Ant*trust
[] 430 B.~s
[] aS0 Comm~CC
[] 460
[] s~o
[] 893 E .... [] 894 ~ ~U~t,on
[] 950 C~mm,~h~ ofs~ s~m [] sg0 ~ S~t~

Vl. ORIGIN
[X] I Original
Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] Z Removed from [] 3 Remanded from

State Court

Appellate Court

[] 4 Reinstated or Reopened

Transferred from

Appeal to District

[] S another district[] 6 Multithstrict

[] 7 Judge from

(specif~l

Litigation

Magistrate Jud~,ment

VII. REQUESTED IN

CHECK IF THIS IS A CLASS ACTION

COMPLAINT: [] UNDER P.R.C.P. ~3

DEMAND $

Check YES only If demanded in complaint: [X] YES [] NO

VIII. RELATED CASE(S) IF ANY (~ .... i~)"
SIGNATURE OF ATTORNEY OF R.ECORD

JUDGE

DOCKET NUMBER

UNITED STATES DISTRICT COURT

 
 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

SouUthneitrendDSitsattreicstC01ouTratsxas
ENTERED
JAN 1 0 Z006

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
v.
SAPARK ENTERPRISES, L.L.C. d/b/a RAMADA INN PASADENA Defendant.

Mlell.. No Milby, Clerkof COlIn
§ § § CIVIL ACTION NO. H-04-3706 § § §
§ JURYTR~LDEMANDED
§ §

CONSENT DECREE Plaintiff, the United States Equal Employment Opportunity Commission ("Commission") and Defendant, Sapark Enterprises, L.L.C. d/b/a Ramada Inn Pasadena ("Defendant"or "Sapark"), agree to entry of this Consent Decree.
I. Background and History of Proceedings
A. Charging Parties Tawna Giamalva and Lori Lambert ("Charging Parties") filed charges of discrimination with the Commission (Charge Nos. 330-2004-00943 and 3302004-00686) alleging Defendant violated Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. §2000e et seq. ("Title Vlln). B. On September 23, 2004, after investigating the Charges and finding
discrimination, the Commission commenced this action alleging that Defendant's conduct toward them during the course of their employment constituted sexual harassment against them and a class of female employees in violation of Section 703 (a) of Title VII. The Commission also alleged that Defendant had retaliated against Charging Parties and a class of female employees in violation of Section 704 (a) of Title VII.

C. Defendant denied the allegations of sexual harassment and retaliation.

D. The parties wish to avoid the risks, uncertainties and expenses of continued

litigation. Accordingly, the parties have agreed to settle this lawsuit. Defendant's consent

to the entry of this decree nor any of the terms set forth in it shall not constitute or be

construed as an admission of any Title VII violation. Both parties agree that this Consent

Decree is being entered into for the sale purpose of compromising disputed claims without

the necessity for protracted litigation.

E. The Commission and Defendant stipulate to the jurisdiction of the Court and

the satisfaction of all administrative prerequisites. The parties further waive hearing and

entry of findings of fact and conclusions of law on all issues.

IT IS ORDERED that:

1.

This Consent Decree is entered in full and complete settlement of any and

all claims arising out of or asserted in Civil Action No. H-04-3706 and the above-

referenced Charges on behalf of Tawna Giamalva, Lori Lambert and the class of

female employees referenced by the Commission in the Commission's Complaint.

2.

Defendant Sapark, and all of its employees and/or agents associated with it

agree they will not engage in any employment practices which discriminate against

any individual with respect to compensation, terms, conditions or privileges of

employment because of such individual's sex and will not retaliate against any

individual who has opposed any practice made an unlawful employment practice

under Title VII or who has made a charge, testified, assisted, or participated in any

manner in an investigation, proceeding or hearing under Title VII.

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3.

Defendant Sapark, and all of its employees and/or agents associated with

them agree that they will not engage in any employment practice which

discriminates against female employees because of their sex (sexual harassment)

in violation of Title VII.

4.

Within six (6) months from the date the Consent Decree is entered,

Defendant will provide, using either an attorney or an independent experienced

training person or group, a program on employment discrimination, including the law

relating to sexual harassment and retaliation, to all officers and management and

supervisory employees of Sapark. Defendant represents that it no longer owns or

operates any hotels or motels. If after this initial program on employment

discrimination, Defendant owns or operates any hotel or motel during the effective

period of this Consent Decree, Defendant agrees that within thirty (30) days after

it assumes ownership or begins operation of said hotel or motel and annually

thereafter, it will provide, using either an attorney or an independent experienced

training person orgroup, a program on employment discrimination, including the law

relating to sexual harassment and retaliation, to all officers and management and

supervisory employees of Sapark. The minimum duration of all trainings described

herein shall be two (2) hours. Defendant shall submit to the Commission, each year

at least thirty days in advance of the program, the name of the program provider

and a curriculum outline indicating the information to be addressed during the

program and copies of all agendas and materials to be distributed at the training

seminar. The person who shall administer the training will be either attorney(s) or

person(s) possessing at least five years of experience in labor and employment law.

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The presenter must be approved by the EEOC. Written acknowledgment of receipt

of the training shall be obtained by Defendant from all individuals attending the

training and retained among the employment records of defendant and also copies

shall be forwarded to the EEOC within thirty (30) days of the delivery of the training.

5.

Defendant represents that it no longer owns or operates any hotels or motels.

If Defendant owns or operates any hotel or motel during the effective period of this

Consent Decree, Defendant agrees that within thirty (30) days after it assumes

ownership or begins operation of said hotel or motel it will create and implement an

equal employment opportunity policy. The parties will cooperate in preparing the

policy. The new policy shall include the following provisions: It will identify by

name, address and telephone number, the person to whom complaints about

sexual harassment or discrimination shall be made. The policy should also outline

how the complaints will be investigated, their confidential nature and provide

assurances against retaliation for making a complaint. The policy will also provide

that the complaining employee will be notified of the resolution of the complaint.

During the period this Decree is in effect, copies of any internal complaints of sexual

harassment and all notes regarding the investigation, and the resolution of the

complaint shall be forwarded to the Commission within 30 days of the complaint

being made.

1.

If Defendant owns or operates any hotel or motel during the effective period

of this Consent Decree, Defendant agrees that within forty (40) days after it

assumes ownership or begins operation of said hotel or motel it will provide to all

current employees working at any hotel or motel owned or operated by it a copy of

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the equal employment opportunity policy outlined in the preceding paragraph and

to provide the policy to new employees or to other workers during their first work

week. Written acknowledgment of receipt of the policy shall be obtained by

Defendant from all individuals receiving it and this acknowledgment retained among

the employment records of Defendant.

8.

If Defendant owns or operates any hotel or motel during the effective period

of this Consent Decree, Defendant agrees that within ten (10) days after it assumes

ownership or begins operation of said hotel or motel Defendant will post the

attached non-discrimination notice. This notice shall remain posted for the balance

of the effective period of this Consent Decree. A copy of this notice is attached

hereto as Exhibit "A." The notice will be posted in a location, to be agreed upon by

the parties, which is conspicuous and accessible to all employees. Defendant shall

designate a manager at each location, whose name will be provided to the

Commission, who will be responsible for ensuring that the notice remains posted for

the balance of the effective period of this Consent Decree.

9.

Defendant agrees to segregate in a separate, confidential folder all

documents related to Tawna Giamalva's and Lori Lambert's charges of

discrimination and the Commission's lawsuit. These documents shall not be part

of their personnel file. Further, Defendant agrees not to reference any of the

following to any potential employer of Ms. Gimalva or Ms. Lambert: their charges

of discrimination, the Commission's lawsuit, or this Consent Decree entered in the

Commission's lawsuit.

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10.

Defendant agrees to pay the total s~m of THIRTY THOUSAND AND NOll 00

DOLLARS ($30,DOO.CO) in full and final settlement of the Commission's lawsuit to

provide monetary relief to Tawna Giamalva, l-ori Lambert and the class of female

employees referenced py the Commission in its Complaint. Said SLIms shalt be paid

within fourteen (14) days from the date of entry of the Decree. The Commission

shall notIfy Defendant, within seven (7) days of entry of the Decree ofthe sum to be

paid to each Charging Party and class member ana the address to wtlich each

check Will pe mailed A copy of the checks dlsburseCl to each of them shall be

mailed to the Commission's Lmcsersigned counsel of record on the same day the

checj(s are mailed to each of the Charging Parties and class members

11

The sums payable to the Charging Parties ancf the class members may be

subject to federal or state income tax. Sapark agrees to iS8~e Internal Revenue

ServIce rIRS") Fonn 1099 or an equivalentfonn to Charging Parties and the class

members for al/ s~ms paid pursuant to thIS Consent Decree. The Charging Parties

and the class members will be responsIble for paying any federal, state or local

taxes. including federal income tax that may be due on the aforementioned

monetary award. Defendant and the CommIssion agree that the s~ms paid

pursuant to this Decree are for personal damages and emotional distress. Saps",

makes no representation as to the tax status of the funds being paId herein.

12.

Each party to this action shall bear their own costs anQ attorney's fees

13.

This Consent Decree shall be binding on Defendant and all of Defendant's

sUCC8Ssors-in-lnterest, and Defendant will notIfy all such sLlccessors-in-interest of

the existence and terms of this Consent Decree.

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14.

This Decree shall remain in effect for three years from the date of signing.

During the period that this Decree shall remain in effect, the Court shall retain

jurisdiction to assure compliance with this Decree and to permit entry of such further

orders or modifications as may be appropriate. The Commission is specifically

authorized to seek Court-ordered enforcement of this Decree in the event of a

breach of any of the provisions herein.

15.

Nothing in this Consent Decree shall be construed to preclude the

Commission from filing a separate action under Title VII or any other statute which

the Commission enforces in the future for any alleged violations by Defendant not

resolved by this Decree.

Signed this _1-+-_VL_ day of _~-+----='--.....;:;..._<--___, 20cl at Houston,
Texas.

Kei~mson
United State District Judge

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AGREED AND CONSENTED TO:

ATTORNEY FOR PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
By: ~~~~-~c~u/]~'~=-'" ~~'~~~~
Kathy . Boutchee TBN: 02717500 SON: 10145 Equal Employment Opportunity
Commission 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402

ATTORNEY FOR DEFENDANT SAPARK ENTERPRISES, L.L.C d/b/a
RAMADA INN PASADENA
BY:~~ -----
Lisa GaYeMann
T~: 12929200
SON: 6735 James Mcinerny TBN: 13678700 SON: 9138
Phillips &Akers, P.C.
3200 Southwest Fwy., Suite 3400 Houston, Texas 77027 (713) 552-9595 Fax: (713)552-0231

SAPARK ENTERPRISES, L.L.C d/b/a RAMADA INN PASADENA
By: S~ 9· SaJ'f\~'
, President Sapark Enterprises, L.L.C.

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 DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?176001217072922-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:04-cv-03706

CLOSED

Equal Employment Opportunity Commission v. Sapark Enterprises, LLC Assigned to: Judge Keith P Ellison Cause: 28:451 Employment Discrimination

Date Filed: 09/23/2004 Date Terminated: 01/09/2006 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Kathy D Boutchee EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3399 Fax: 713-209-3402 fax Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Sapark Enterprises, LLC doing business as Ramada Inn Pasadena

represented by Lisa Gaye Mann Bingham Mann et al 1415 Louisiana Ste 3300 Houston, TX 77002 713-357-9868 Fax: 713-559-3010 Email: lmann@bmhg-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Patrick McInerny Phillips & Akers 3200 SW Fwy Ste 3400 Houston, TX 77027-7523 713-552-9595 Fax: 713-552-0231 fax Email: jim.mcinerny@phillipsakers.com ATTORNEY TO BE NOTICED

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Counter Claimant Sapark Enterprises, LLC
V. Counter Defendant Equal Employment Opportunity Commission
Counter Claimant Sapark Enterprises, LLC
V. Counter Defendant Equal Employment Opportunity Commission

Date Filed 09/23/2004 09/23/2004 09/23/2004
10/12/2004 10/15/2004 10/15/2004 10/15/2004
12/15/2004

#

Docket Text

1 COMPLAINT against Sapark Enterprises, LLC (Filing fee $ 150) filed by Opportunity Commission Equal Employment.(hlerma, ) (Entered: 09/23/2004)
Summons Issued as to Sapark Enterprises, LLC , filed.(hlerma, ) (Entered: 09/23/2004)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 1/4/2005 08:45 AM in Courtroom 700 before Magistrate Judge Nancy K. Johnson. Parties notified.(hlerma, ) (Entered: 09/24/2004)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 10/12/2004)
4 SUMMONS Returned Executed. Sapark Enterprises, LLC served on 10/12/2004, answer due 11/1/2004, filed.(sfedele, ) (Entered: 10/22/2004)
5 CERTIFICATE OF INTERESTED PARTIES by Sapark Enterprises, LLC, filed.(sfedele, ) (Entered: 10/22/2004)
6 Original ANSWER to Complaint, Affirmative Defenses, with Jury demand, COUNTERCLAIM for Costs and Attorney's Fees, against Equal Employment Opportunity Commission by Sapark Enterprises, LLC, filed.(rkonieczny, ) (Entered: 10/22/2004)
7 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, Sapark Enterprises LLC filed.(sfedele, ) (Entered: 12/16/2004)

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01/04/2005 01/04/2005
01/20/2005 02/10/2005 03/15/2005 03/15/2005 03/30/2005 03/30/2005 03/30/2005 04/04/2005 04/22/2005
10/11/2005

8 Minute Entry for proceedings held before Judge Nancy K. Johnson. SCHEDULING CONFERENCE held on 1/4/2005. Scheduling Order to follow. Appearances:James McInerny. Kathy D Boutchee.(ERO:L. Gonzales), filed.(lgonzales, ) (Entered: 01/04/2005)
9 SCHEDULING ORDER: ETT: 4 Days. Jury Amended Pleadings due by 3/31/2005 Joinder of Parties due by 3/31/2005 Pltf Expert Witness List due by 6/30/2005 Pltf Expert Report due by 6/30/2005 Deft Expert Witness List due by 8/15/2005 Deft Expert Report due by 8/15/2005 Discovery due by 11/15/2005 Dispositive Motion Filing due by 8/31/2005 Non-Dispositive Motion Filing due by 11/30/2005 Joint Pretrial Order due by 1/20/2006 Docket Call set for 1/27/2006 at 11:00 AM in Courtroom 700 before Magistrate Judge Nancy K. Johnson. Case subject to call on short notice during the one month period of February 2006.( Signed by Judge Nancy K. Johnson ) Parties notified.(lgonzales, ) (Entered: 01/04/2005)
10 INITIAL DISCLOSURES by Sapark Enterprises, LLC, filed.(gfrancis, ) (Entered: 01/24/2005)
11 NOTICE of Reassignment. Pursuant to Special Order No. H-2005-1, this case is reassigned to Judge Keith P Ellison. Deadlines in scheduling orders remain in effect. All court settings are vacated , filed. (rwestmoreland, ) (Entered: 02/10/2005)
12 REQUEST for Status Report, filed. (rwestmoreland, ) (Entered: 03/15/2005)
13 ORDER ; Joint Status Report due 3/31/05 and not 2/8/05.( Signed by Judge Keith P Ellison ) Parties notified.(sfedele, ) (Entered: 03/15/2005)
14 UNOPPOSED MOTION for Leave to File Amended Answer by Sapark Enterprises, LLC, filed. Motion Docket Date 4/19/2005. (dkelly, ) (Entered: 04/01/2005)
15 JOINT STATUS REPORT by all parties, filed.(dkelly, ) (Entered: 04/01/2005)
16 First Amended ANSWER to Complaint with Jury Demand, Affirmative Defenses, and COUNTERCLAIM for Costs and Attorney's Fees against Equal Employment Opportunity Commission by Sapark Enterprises, LLC, filed.(dkelly, ) (Entered: 04/01/2005)
17 ORDER granting 14 Motion for Leave to File Amended Answer .( Signed by Judge Keith P Ellison ) Parties notified.(pmartinez, ) (Entered: 04/04/2005)
18 SCHEDULING ORDER: ETT: 4 days. Jury Joinder of Parties due by 5/31/2005 Pltf Expert Witness List due by 8/31/2005 Deft Expert Witness List due by 10/31/2005 Discovery due by 1/20/2006 Dispositive Motion Filing due by 10/31/2005 Non-Dispositive Motion Filing due by 1/31/2006 Joint Pretrial Order due by 3/20/2006 Jury Trial set for 4/3/2006 at 08:30 AM before Judge Keith P Ellison.( Signed by Judge Keith P Ellison ) Parties notified.(rwestmoreland, ) (Entered: 04/22/2005)
19 Unopposed MOTION for Extension of Time dispositive motion deadline by Sapark Enterprises, LLC, filed. Motion Docket Date 10/31/2005. (Attachments: # 1 Proposed Order)(ncavazos, ) (Entered: 10/15/2005)

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10/17/2005 10/31/2005 12/30/2005
01/09/2006

20 ORDER: granting 19 Motion to Enlarge Dispositive Motion Deadline.( Signed by Judge Keith P Ellison ) Parties notified.(pmartinez, ) (Entered: 10/18/2005)
21 DESIGNATION OF EXPERT WITNESS LIST by all defendants, filed.(mkallie, ) (Entered: 11/04/2005)
22 AGREED MOTION for Entry of Consent Decree by all parties, filed. Motion Docket Date 1/19/2006. (Attachments: # 1 Proposed Order - Consent Decree)(jmarchand, ) (Entered: 01/03/2006)
23 CONSENT DECREE granting 22 MOTION for Entry of Consent Decree. ( Signed by Judge Keith P Ellison ) Parties notified.(djustice, ) (Entered: 01/10/2006)

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