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

~ouUtnhieternd FDb’IitLsatEtreDicstCoofuTretsxes
SEP2 9 2005

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
VS.

JJ~l~lae] N. Milby, Clerk of Court CIVIL ACTION,S). ~ 66

APT. REPAIRS, INC., Defendant.

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT NATURE OF THE ACTION 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 to correct unlawful employment practices on the basis of sex and to afford appropriate relief to Norma Mora who was adversely affected by the below described unlawful practices. In this lawsuit, Plaintiff, Equal Employment Opportunity Commission ("Commission"), alleges that Apt. Repairs, Inc. ("Defendant") unlawfully discharged Ms. Mora because she was pregnant. JURISDICTION AND VENUE 2. 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 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq., ("Title VII") in Section 706(f)(1) and (3), 42 U.S.C. Section 2000e-5(f)(1) and (3) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 1981a. 3. The employment practices alleged to be unlawful were committed in Houston, Texas which is within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.

4. Venue is proper within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 5. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII and is expressly authorized to bring this action by Section 706(f)(1) of Title VII, 42 U.S.C. Section 2000e-5(f)(1). 6. At all relevant times, Defendant, Apt. Repairs, Inc., has continuously been doing business in the State of Texas, the City of Houston and Harris County, Texas, and has continuously had at least fifteen (15) employees. Defendant Apt. Repairs, Inc. may be served with process by serving its registered agent in Texas, Darby Suiter, 1215 W. Clay Street, Houston, Texas 77019. 7. At all relevant times, Defendant Apt. Repairs, Inc. has continuously been and is now an employer engaged in an industry affecting commerce within the meaning of Section 701(b), (g) and (h) of Title VII, 42 U.S.C. Section 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 8. More than thirty days prior to the institution of this lawsuit, Norma Mora filed a charge of discrimination with the Commission against the Defendant alleging violations of Title VII. All conditions precedent to the institution of this lawsuit have been fulfilled including the timely filing of a charge, and an attempt to conciliate the matter. 9. Since at least 2004, Defendant have engaged in unlawful employment practices in violation of Sections 703(a)(1) and 701(k) of Title VII, 42 U.S.C. Sections
-2-

2000e-2(a)(1) and 2000e(k). The practices include subjecting its female employees to unlawful sex discrimination on the basis of pregnancy.
10. On or about 1997, Ms. Mora was hired as one of Defendant’s housekeeper’s, responsible for cleaning recently vacated apartments in Houston, Texas. In late July 2004, Ms. Mora notified management of her pregnancy. Through her immediate supervisor, Ms. Mora was advised that her job was in jeopardy because of her pregnancy. Although she assured the company that her medical care provider indicated that she could continue to work cleaning apartments, she was initially told her job duties would be modified. That, however, lasted only a very short time.
11. On August 19, 2004, Ms. Mora was fired. She was given a letter dated August 20, 2004 and signed by a supervisor which stated that the company "found that you were pregnant and working on a ’make ready’ apartment which requires the use of strong oven cleaner with dangerous fumes, etc. and other chemicals." The letter also noted that her work requires her to "bend over to clean the tubs" all of which work "could lead to severe problems for the unborn child." The letter concludes that for this reason Ms. Mora was being placed on "a leave of absence until after the baby is born... This is for your benefit and the benefit of the baby, not for Mr. Suiter’s benefit."
12. Mr. Darby Suiter, who is the CEO of the company, admitted, in writing, to the Commission that the company did not permit Ms. Mora to continue working for it because of her pregnancy.
13. Ms. Mora was never rehired by the company. Thus, Ms. Mora was discharged because of her pregnancy.
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14. The effect of these unlawful practices has been to deprive Ms. Mora and possibly other female employees of equal employment opportunities, and to otherwise adversely affect their status as employees because of their pregnancy.
15. The unlawful employment practices complained of above were intentional. 16. Defendant, at all relevant times, committed the unlawful employment practices with malice or in reckless disregard of the federally protected rights of Ms. Mora.
PRAYER FOR RELIEF 17. Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Apt. Repairs, Inc., its
officers, successors, assigns and all persons in active concert or participation with them, from engaging in discrimination against pregnant employees and from engaging in any other employment practice which discriminates against individuals on the basis of sex. B. Order Defendant Apt. Repairs, Inc. and its successors to institute and carry out policies, practices and programs which provide equal employment opportunities for female employees, and which eradicate the effects of its past and present unlawful employment practices. C. Grant a judgment requiring Defendant Apt. Repairs, Inc., to make Norma Mora whole by providing appropriate back wages and pre-judgment interest, in an amount to be determined at trial, as well as any other affirmative relief necessary to eradicate the effects of Defendant’ unlawful employment practices, including, but not limited to, reinstatement of Ms. Mora or order an award of front pay in an amount to be proved at trial if reinstatement is impractical.
-4-

Do Order Defendant Apt. Repairs, Inc. to make Norma Mora whole by providing compensation for past and future pecuniary loses, including medical expenses and job search expenses, in an amount to be determined at trial.
Eo Order Defendant Apt. Repairs, Inc. to make Norma Mora whole by providing compensation for non-pecuniary losses, including emotional pain and suffering, in amounts to be determined at trial. Order Defendant Apt. Repairs, Inc. to pay Norma Mora punitive damages for its malicious and/or reckless conduct, in amounts to be determined at trial. Grant such further relief as the Court deems necessary and proper. Award the Commission its costs of this action. JURY DEMAND
18. The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
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
Sacl~r I~/~gional Attorney Houston District Office 1919 Smith, 7th Floor Houston, Texas 77002 (713) 209-3398 Fax: (713) 209-3402
P ~Lit~gat~on 05V~ot Repa=rs~Apt Repa=rs Complaint wpd

i’"~&th~/I~. Bo’~utc’-hee / Attorl~y-in-Charge TBN: 02717500 SDN: 10145 Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402 Email: kathy.boutchee@eeoc.gov
ATTORNEYS FOR PLAINTIFF

-6-

JS 44

(gev. 07/89)

CIVIL COVER SHEET

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

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Com~ for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

l(a) PLAINTIFFS EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS
APT. REPAIRS, INC.

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)
(C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Kathy Boutchee, Trial Attorney EEOC-Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399

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
ATTORNEYS (IF KNOWN)
United ~te~es Courts FILEU

II. BASIS OF JURISDICTION 0~CEA~O~BOXO~YI

[x] 1 U.S. Government Plaintiff
[] 2 U.S. Government Defendant

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

IlL CITIZENSHIP OF PRIN~I~TI~.S{III~I~’~IiI~E~°X

(For Diversity Cases Only)

PTF DEF

PTF DEF

Citizen ofThls State [] 1 [] 1 Incorporated or Principal Place [ ] 4 [ ] 4

of Business In This State

Citizen of Another State [ ] 2 [ ] 2 Incorporated and Principal Place [ ] S [ ] S

of Business in Another State

Citizen or Subjest of a []3 []3 Foreign Nation

[ ] 6 [ ] 6

Foreign Country

IV. CAUSE OF ACTION tc~r~us CIV1LSTATLrI’EUNDER WHICHYOUAREFILINGANDWRITEABRIEFSTATEMENrOFCAUSE DONOTCITE~URISDICTIONALSTATUIES~SDIVERSITV.)
Apt. Repairs, Inc. engaged in unlawful employment practices by discharging Ms Mora because she was pregnant in violation of Title VII. Defendant has engaged in unlawful
employment practices in violation of Sections 703(a)(I) and 701(k) of Title VII, 42 U.S.C. Sections 2000e-2(a)(1) and 2000e(k). The practices include subjecting its female employees to unlawful sex discrimination on the basis of pregnancy.

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

CONTRACT

TORTS

[] t30 [] 140
[] ~r .... fJ~
[] 153 ~of~of

PERSONAL INJURY [] 310 Aup~ae [] 31S Atrpla~ pn~-t Iaablhty [] 3~0 ~ ~ ~ ~ [] 330 F~ ~’ ~a~
[] 345 M~ ~t ~hty [] 350 ~ V~c~e

PERSONAL INJURY [] 362 per’~onal I~-
[] 365~ he~ty
[] 3~s ~
PE~ON~ ~ROPER~ [] 370 [] ~71 [] 3S0

[] 190 [] ~9s ~o
REAL PROPERTY
[] Zl0 LandCwdemnat~a [] 220 Fo~ [] 230 [] 240 r~ to [] 245 r~ [] ~90

CI~L ~GHTS
[x] ~z
[] ~
[] ~o ~c~n

PRISONER PETITIONS [] sIo
[] 530 Ow.n’al [] s3s t~P~ [] s4o
[] sso o~

FORFEITURE/PENALTY
[] 610 A~eultu~ [] 620 OIh~Fo~d& Drug ] 625 ~aelamd~of
~ 630 [] ~0
[] 6so ~
[] ’660 ~u~
[] 690
LABOR [] 710 F~ L~l~Stana,a~ A= [] 720 La~mt. ~tat,om 1 730~t ~
[] 740 ~’I~Y~ ~ [] 79O ~ ~ U"~

BANKRUPTCY
[] 422 Ap~12s use ~ss [] 423 wttlxlnwa128 USC 157
PROPERTY RIGHTS
[] 820 c~as [] 830 Patent [] I~O Trad=mrk
SOCIAL SECURITY
[] 861 H1A(1395f0 [] 862 nlac.k ~mS (923) [] 863 DIWC/DIWW [] g64 SSIDTIfle
[] 86s R=
FEDERAL TAX SUITS
1~ D87eofeT~d&an~t)S (U S Plamtlffof tjr] 871 IRS-Tlurd Patty 26 USC 7609

OTHER STATUTES
[] 410 Anmn~st [] 430 nan,s ana [] 450 Commcrr~CC Rau~m [] 460 [] 470 ~ ~ ~ c~,
[] ~sp
[] STS c~c~.~
[] 892 ~ s~t~u~ act [] 894 ~t,~ [] 89S F~ of~f~t,~
[] 890

VI. ORIGIN [x] I Original Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] 2 Removed from [] 3 Remanded from

State Court

Appellate Court

Transferred from

[] 4 Reinstated or Reopened

[] 5 another district (specify)

Vll, REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION
[] UNDERF.R.C.P. 23

DEMAND $

Vlll. RELATED CASE(S) IF ANY <s~o~i
DATE q,/~ ~)/05" SIGNA~ OF A,~L~ OF ~O~~ ~ ~~~

, mDC~

Appeal to District

[] 6 Multidistrict [] 7 Judge from

Litigation

Magistrate Judgment

Check YES only if demanded in complaint:
,,~,.~= [x]’ms []~o

DOCKET NUMBER

UNITED SLATES ~ST~CT COURT

 
 Case 4:05-ev-03366 Document 12-2 Flied 03/17/2006 Page 1 of 9

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

;·);!aJ States Courl3
S;)(h:lern District of Texas
ENTERED
MAR 2 1 2006

EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

···:"ael N. Milby, Clerk of e~\l~1

§

P laintijJ,

§ CIVIL ACTION NO. H-05-3366

§

v.

§

§

APT. REPAIRS, INC.,

§ JURY TRIAL DEMANDED

§

Defendant.

§

----------------------------§

CONSENT DECREE

Plaintiff, the United States Equal Employment Opportunity Commission

("Commission" or "EEOC") alleged that Defendant, Apt. Repairs, Inc.

("Defendant") is liable for discrimination on the basis of sex, in violation of Title

VII of the Civil Rights Act of 1964, and Title I of the Civil Rights Act of 1991.

The EEOC's lawsuit alleges that Defendant violated these federal statutes by

terminating Norma Mora because she was pregnant.

The Commission and Defendant wish to avoid the risks, uncertainties and

expenses of continued litigation. Accordingly, the parties have agreed to settle this

lawsuit. The parties agree that this Consent Decree is being entered into for the

purpose of compromising disputed claims without the necessity for protracted

litigation. This Consent Decree is not an admission of wrongdoing or an

Case 4:05-cv-0336G Document 12-2 Fiied 03/17/2006 I:)age 2 of 9
adjudication or finding on the merits of the case. The Commission and Defendant stipulate to the jurisdiction of the Court and
to 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 therefore ORDERED that: 1. This Consent Decree is entered in full and complete settlement of any and all claims arising out of or contained in this lawsuit, Civil Action No. H-05-3366, and in EEOC Charge No. 330-2005-00351. 2. Defendant, its officers, agents, employees and all persons acting in concert with the Defendant shall not engage in any employment practice which has the purpose or effect of discriminating against any individual on the basis of sex, pregnancy, or any pregnancy related condition and specifically agrees to not restrict pregnant employees from working as required by Title VII of the Civil Rights Act of 1964, as amended. 3. Defendant, its officers, agents, employees, and all persons acting in concert with Defendant shall not take any retaliatory measure, against any employee, former employee or applicant for opposing practices made unlawful under Title VII of the Civil Rights Act of 1964, as amended, or for making a charge or complaint to the EEOC, testifying, assisting or participating in any manner in any investigation, proceeding or hearing under Title VII of the Civil Rights Act of
2

Case 4:05-cv-03366 Document 12-2 Fiied 03/17/2006 Page 3 of 9
1964, as amended. 4. Defendant represents that it does not own, operate, manage or provide any cleaning services to any apartment complexes. 5. If Defendant owns, operates, manages or provides cleaning services to any apartment complex during the effective period of this Consent Decree, Defendant agrees that within ten (10) days after Apt. Repairs, Inc. assumes ownership or begins operation or management or provides cleaning services, Defendant will post a 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, whose name will be provided to the EEOC, who will be responsible for ensuring that the notice remains posted for the balance of the effective period of this Consent Decree. 6. If Defendant owns, operates, manages or provides cleaning services to any apartment complex during the effective period of this Consent Decree, Defendant agrees for the duration of the Decree it shall maintain a list of all pregnant employees who separate employment from Defendant, either voluntarily or involuntarily, specifying each individual's name, address, telephone number, social security number and date of separation.
3

Case 4:05-cv-0336G Document 12-2 Fiied 03/17/2006 Page 4 of 9
7. Within fourteen (14) days from the date of entry of this Decree, Defendant agrees to pay Norma Mora a total sum of TEN THOUSAND TWO HUNDRED THIRTY DOLLARS ($10,230.00) in full and final settlement of the Commission's lawsuit. The Commission shall notify Defendant, within seven (7) days of entry of the Decree of the address to which the check to Ms. Mora will be mailed. A copy of the check disbursed shall be mailed to the Commission's undersigned counsel of record on the same day the check is mailed to the Charging Party. 8. The sums payable to the Charging Party may be subject to federal or state income tax. Defendant agrees to issue Internal Revenue Service ("IRS") Form 1099 or an equivalent form to Charging Party for all sums paid pursuant to this Consent Decree. The Charging Party 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 sums paid pursuant to this Decree are for personal damages and emotional distress. Defendant makes no representation as to the tax status of the funds being paid herein. 9. Defendant agrees to segregate III a separate, confidential folder all documents related to Norma Mora's charge of discrimination and the Commission's lawsuit. These documents shall not be part of her personnel file. Further, Defendant agrees not to reference any of the following to any potential
4

Case 4:05-cv-0336(1 Document 12-2 FHed 0:3/17/2006 Page 5 of 9
employer of Ms. Mora: her charge of discrimination, the Commission's lawsuit, or this Consent Decree entered in the Commission's lawsuit. 10. Defendant shall provide Ms. Mora with a positive letter of recommendation which includes Ms. Mora's dates of employment, last position held, and a statement indicating that she successfully performed her job duties. 11. This Decree shall remain in effect for twenty-four (24) months 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 Consent Decree and to permit entry of such further orders or modifications as may be appropriate. The EEOC is specifically authorized to seek Court-ordered enforcement of this Consent Decree in the event of a breach of any provisions herein. 12. This Decree shall be binding on Defendant and any successors in interest in which either Apt. Repairs, Inc., or any other party affiliated with Defendant own an interest. If, however, Defendant sells all or substantially all of its assets to a person or entity not affiliated with Defendant, Defendant shall provide notice to the Commission of any transfer of ownership within thirty (30) days after the execution of a definitive agreement for sale of the business or the actual date of sale of the business, whichever occurs earliest. 13. Nothing in this Decree shall be construed to preclude the Commission from filing a separate action under Title VII or any other statute which the Commission
5

e Case 4:05-cv-03366 Document 12-2 Fiied 03/17/2006 Page of 9
enforces in the future for any alleged violations by Defendant not resolved by this Consent Decree. Any claims that have been asserted or could have been asserted by Norma Mora in this litigation or in the charge, or otherwise concerning her employment with Defendant, are hereby resolved by this Consent Decree. 14. Each signatory certifies that he or she is authorized to execute this document on behalf of the party or parties whom he or she represents. 15. Except as provided herein, the parties shall bear their own costs and attorney fees.
6

Case 4:05-cv-0336(1 Document 12-2 Filed 0:3/17.12006 Page 7 or 9
Signed this _"""2..::::......:::rJ'----_ day of_~...IL..---==___"____:, 2006 at Houston, Texas.
David Hittner United States District Judge
7

Case 4:05-cv-03366 Document 12-2 Fi!ed 03/1712006 Page 8 of 0
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Houston District Office Mickey Leland Federal Building
1919 Smith Street, ih Floor
Houston, Texas 77002-8049 PH: (713) 209-3320
TTY: (713) 209-3439; FAX: (713)209- 3381
NOTICE TO THE EMPLOYEES OF APT. REPAIRS INC.
THIS NOTICE IS POSTED PURSUANT TO A CONSENT DECREE ENTERED INTO BETWEEN THE EEOC AND APT. REPAIRS INC. REGARDING SEX DISCRIMINATION IN THE WORK PLACE PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
(I) Federal law requires that there be no discrimination against any employee or applicant for employment because of the employee's sex, including pregnancy or pregnancy related condition, race, color, religion, national origin, age or disability with respect to compensation, hiring or other terms, conditions or privileges of employment.
(2) APT. REPAIRS INC. supports and will comply with such Federal law in all respects and will not take any action against employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission (EEOC), providing information to the EEOC, and/or receiving compensation for the settlement of any employment discrimination claim.
(3) Sex discrimination, including discrimination on the basis ofpregnancy or pregnancyrelated condition, is expressly prohibited and constitutes an unlawful discriminatory employment practice.
(4) APT. REPAIRS INC. prohibits sex discrimination, including discrimination on the basis of pregnancy or pregnancy related condition, and will not tolerate sex discrimination or retaliation against any employee who reports discrimination or harassment in the company's workplace.
(5) Any employee who feels they have been the target of sex discrimination, including discrimination on the basis of pregnancy, is advised to report it promptly to _ _ _ _ _ __
SIGNED this _ _ _ _ day of _ _ _ _, 2006.
(Name) (Title) APT. REPAIRS INC.
This OFFICIAL NOTICE shall remain posted for two full years from date of signing.
EXHIBIT "A"
8

Case 4:05-cv-03366 Document 12-2 FHed 03/17/2006 Page 9 of 9

AGREED AND CONSENTED TO:
PLAINTIFF
Aimee McFerren Kentucky Bar No.: 89912 Southern District No.: 36953 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1919 Smith Street, 7th Floor Houston, Texas 77002 (7l3) 209-3390 Fax: (7l3) 209-3402

DEFENDANT
William C. Boyd Texas Bar No.: 02779000 Southern District No.: 5258 PATTERSON, BOYD LOWERY, P.C. 2101 Louisiana Houston, Texas 77002 (7l3) 222-0351 Fax: (7l3) 759-0642

lsi Aimee L. McFerren Counsel for Plaintiff
March 15, 2006 Date

sl William C. Boyd by pennission ALM Counsel for Defendant
March 17, 2006 Date

9

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?133336193941242-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:05-cv-03366

CLOSED

Equal Employment Opportunity Commission v. APT Repairs Inc Date Filed: 09/29/2005

Assigned to: Judge David Hittner

Date Terminated: 03/20/2006

Cause: 42:2000e Job Discrimination (Employment)

Jury Demand: Both

Nature of Suit: 442 Civil Rights: Jobs

Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Aimee Lynn McFerren EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3390 Fax: 713-209-3402 Email: aimee.mcferren@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 APT Repairs Inc

represented by William Clark Boyd Patterson Boyd & Lowery 2101 Louisiana Houston, TX 77002 713-222-0351 Fax: 713-759-0642 Email: wboyd@pattersonboyd.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?133336193941242-L_3...

Date Filed 09/29/2005 09/29/2005 09/29/2005
10/13/2005
10/13/2005 10/14/2005 10/17/2005 12/21/2005 01/12/2006
01/12/2006
01/18/2006 01/18/2006 03/17/2006

#

Docket Text

1 COMPLAINT against Equal Employment Opportunity Commission (Filing fee $ 0.) filed by Equal Employment Opportunity Commission.(lfilmore, ) Additional attachment(s) added on 9/29/2005 (mmapps, ). (Entered: 09/29/2005)
Summons Issued as to Equal Employment Opportunity Commission , filed.(lfilmore, ) (Entered: 09/29/2005)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/12/2006 at 10:00 AM in Courtroom 702 before Judge Stephen Smith. ( Signed by Judge David Hittner ) Parties notified. (lfilmore, ) (Entered: 09/29/2005)
3 Unopposed MOTION to Substitute Attorney Aimee L. McFerren in place of Kathy D. Boutchee by Equal Employment Opportunity Commission, filed. Motion Docket Date 11/2/2005. (Attachments: # 1 Proposed Order)(McFerren, Aimee) (Entered: 10/13/2005)
4 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(McFerren, Aimee) (Entered: 10/13/2005)
5 ANSWER to Complaint with Jury Demand by APT Repairs Inc, filed.(kmurphy, ) (Entered: 10/17/2005)
6 ORDER granting 3 Motion to Substitute Attorney .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 10/20/2005)
7 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed. (Attachments: # 1 defense counsel signature)(McFerren, Aimee) (Entered: 12/21/2005)
8 Minute Entry for proceedings held before Judge Stephen Wm Smith. SCHEDULING CONFERENCE held on 1/12/2006. Scheduling order issued. Appearances: William C Boyd, Aimee Lynn McFerren.(ERO:R.Konieczny), filed.(rkonieczny ) (Entered: 01/12/2006)
9 SCHEDULING ORDER: Trial Term: March/April 2007. ETT: 3 days. Jury trial Amended Pleadings due by 5/1/2006 Joinder of Parties due by 2/1/2006 Pltf Expert Witness List due by 4/3/2006 Deft Expert Witness List due by 5/1/2006 Discovery due by 10/31/2006 Dispositive Motion Filing due by 11/30/2006 Non-Dispositive Motion Filing due by 11/30/2006 Joint Pretrial Order due by 2/23/2007.( Signed by Judge Stephen Wm Smith ) Parties notified.(rkonieczny) (Entered: 01/12/2006)
10 DEFENDANT'S RULE 26A Disclosures by APT Repairs Inc, filed.(mkallie, ) (Entered: 01/19/2006)
11 DEFENDANT'S DISCLOUSRE of Interested Parties by APT Repairs Inc, filed.(mkallie, ) (Entered: 01/19/2006)
12 Agreed MOTION for Settlement by Equal Employment Opportunity Commission, filed. Motion Docket Date 4/6/2006. (Attachments: # 1 Consent

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03/20/2006

Decree)(McFerren, Aimee) (Entered: 03/17/2006)
13 CONSENT DECREE .( Signed by Judge David Hittner ) Parties notified.(ealexander, ) (Entered: 03/21/2006)

PACER Service Center

Transaction Receipt

06/07/2007 13:46:53

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Client Code: eeoc

Description: Docket Report Search Criteria: 4:05-cv-03366

Billable Pages: 2

Cost:

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