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

United St:ates Court•
Southern District of Til''""
FILED

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EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

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Plaintiff/

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v.

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METROPOLITAN LIFE INSURANCE §

COMPANY

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Defendant.

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CIVIL ACTION NO. JURY TRIAL DEMANDED

111. Milby, Glerl~

ORIGINAL COMPLAINT OF THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NATURE OF THE ACTION

This is an action under the Age Discrimination in Employment
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Act ( "ADEA'') to correct unlawful, retaliatory employment practices

on the basis of age, and to provide appropriate relief to Johnny F .
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Holley. In this lawsuit 1 Plaintiff Equal Employment Opportunity

Commission ("Commission") alleges that Defendant, Metropolitan Life

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Insurance Company ("Defendant") 1 willfully retaliated against Mr. Holley because he had filed a charge of age discrimination with the

Commission.
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JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28

u.s.c. §§

1337, 1343, and 1345. This act1•on 1• s

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authorized and instituted pursuant to Section 7(b) of the ADEA, as

amended, 29 U.S.C. § 621, et seq. which incorporates by reference

Sections 16(c) and 17 of the Fair Labor Standards Act of 1938, as

amended, 29 U.S.C. §§ 216(c) and 217.

2. The unlawful employment practices alleged below were

committed within the jurisdiction of the United States District

Court for the Southern District of Texas, Houston Division.

PARTIES

3. Plaintiff 1 the Commission, is an agency of the United States of America charged with the administration, interpretation

and enforcement of the ADEA.

The Commission l•S expressly

authorized to bring this action by Section 7(b) of the ADEA, 29

U.S.C. § 626(b), as amended by Section 2 of Reorganization Plan No.

1 of 1978, 92 Stat. 3781, and by Public Law 98-532 (1984), 98 Stat.

2705.

4. At all relevant times, Defendant, Metropolitan Life

Insurance Company, has continuously been and is now doing business

in the State of Texas and the City of Houston, and has continuously

had and does now have at least twenty employees.

5.

At all relevant times, Defendant, Metropolitan Life

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Insurance Company, has continuously been and is now an employer

engaged in an industry affecting commerce within the meaning of
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Sections 11(b), (g) and (h) of theADEA, 29U.S.C. § 630(b), (g)

and (h) .

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6. More than thirty days prior to the institution of this

lawsuit, Johnny F. Holley filed a charge of discrimination with the

Commission's Houston District Office against the Defendant alleging

violations of the ADEA.

All conditions precedent to the

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institution of this lawsuit have been fulfilled including the

timely filing of a charge of discrimination, and an attempt to

effect voluntary compliance with the ADEA through informal methods

of conciliation within the meaning of Section 7(b) of the ADEA, 29
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u.s.c. §626 (b).

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STATEMENT OF CLAIMS

7. Since at least October 29, 1998, the Defendant has been

engaging in retaliation against Johnny Holley in violation of

Section 4(d) of the ADEA, 29 U.S.C. § 623(d).

8. Defendant discriminated against Mr. Holley by subjecting

him to retaliation because he had filed a previous charge alleging

age discrimination.

9. After notification to the Regional Office and initial

conversations with Abraham Chua, Gener.al Manager, at the

Defendant's Sharpstown Agency, on October 28, 1998, Mr. Holley
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requested assignment as a sales representative at the Defendant's
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Sharpstown Agency.

10. On October 29, 1998, Mr. Scott Francis, Defendant's

Regional Vice President, sent Mr. Chua an e-mail message which

stated', l•n part, "Abe, you will be assuming a certain amount of

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risk in accepting the transfer of Johnny Holley, as you will be

responsible for him and his transition pay.will be charged against

your agency. " •

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11. In a subsequent telephone conversation with Mr. Chua,

presumably referring to the age discrimination charge which was the

only proceeding pending between Mr. Holley and the Defendant, Mr.

Francis told Mr. Chua, among other things, that Mr. Holley had a

"lawsuit against [Mr. Francis] and the company."

12. By letter, dated November 4, 1998, Mr. Chua informed Mr.

Holley "I am not able to offer you a position . • • • It was explained to me by the regional office that my Agency would be

charged with your transition pay and this would be a risk I had not

considered."

13. Mr. Francis gave Mr. Chua erroneous information about Mr.

Chua's responsibility for Mr. Holley's transition pay.

14. The effect of Defendant's practices complained of above

has been to deprive Mr. Holley of equal employment opportunities

and otherwise adversely affect his status as an employee l' n

retaliation for Mr. Holley filing a charge of age discrimination

with the Commission.

15. The unlawful employment practices complained of above

were willful within the meaning of Section 7(b) of the ADEA, 29
u.s.c. § 626(b).

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PRAYER FOR RELIEF
Wherefore/ the Commission respectfully requests that this
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Court:
A. Grant a permanent injunction enjoining Defendant 1 Metropolitan Life Insurance Company/ its officersr successors 1 assigns and all persons in active concert or participation with it 1 from engaging in any employment practice which retaliates against employees for engaging in protected activity under the ADEA and which discriminates on the basis of age against individuals 40 years of age or older.
B. Order Defendant 1 Metropolitan Life Insurance Company/ to institute and carry out policies/ practices and programs which provide equal employment opportunities for applicants and employees who have been subjected to retaliation because they engaged in protected activity under the ADEA 1 and which eradicate the effects of its past and present unlawful employment practices.
C. Grant a judgment requiring Defendant 1 Metropolitan Life Insurance Company 1 to make whole Mr. Holley by providing appropriate back wagesr in an amount to be determined at trial 1 and an equal sum as liquidated damages 1 or prejudgment interest in lieu thereof 1 in an amount to be determined at trial 1 as well as appropriate contributions to Mr. Holleyrs pension plan and any other affirmative relief necessary to eradicate the effects of Defendant 1 s unlawful employment practices 1 including 1 but not limited to 1 rightful place reinstatement of Mr. Holley or in the alternative/ front pay.
D. Grant such further relief as the Court deems necessary and proper.
E. Award the Commission its costs of this action.

JURY DEMAND

The Commission requests a jury trial on all questions of fact

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raised by its complaint.
Respectfully submitted,
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Gwendolyn Young Reams Associate General Counsel EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1801 L. Street, N.W. Washington, D.C. 20507

mes S her K~qional Attorney

,use Adewale-Mendes Supervisory Trial Attorney

. (S ..... o • •

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Bruce V. Griffit

Senior Trial Attorney

Attorney-in-Charge

Texas Bar No. 08486500

Southern Dist. of Texas No. 454

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office ·1919 Smith Street, 7th Floor Houston, Texas 77002 Telephone: (713) 209-3336
Facsimile: ( 713) 2 o9-3402

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~-H~·.!~D STA .

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wvu rMr:JRN OIS1'ftl0f IJP TISJCA

IN THE UNITED STATES DISTRICT COURT Fll!Q

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FOR THE SOUTHERN DISTRICT OF TEXAS JUl 1 8 20m

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HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

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COMMISSION,

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Plaintiff,

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v.

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Civil Action No.

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H-01-0215

METROPOLITAN LIFE INSURANCE

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COMPANY,

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JURY TRIAL DEMANDED

Defendant.

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STIPULATION OF DISMISSAL
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Plaintiff Equal employment Opportunity Commission ("EEOC") and

Defendant Metropolitan Life Insurance Company hereby move to

dismiss this action with prejudice to its later refiling. In
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support of this motion, Plaintiff would show as follows:

This case has been settled. Plaintiff EEOC and Defendant

Metropolitan Life Insurance have settled their differences. Johnny
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Holley, the aggrieved person on whose behalf EEOC brought this

action has released his claims against Defendant. Said release is

supported by good and adequate consideration.

Wherefore, the Movants pray that this action be dismissed WITH

PREJUDICE.

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Bruce V. Griffiths

Senior Trial Attorn y

Texas Bar No. 0848 500

S.D.Tex. Bar No. 454

Equal Employment Opportunity

Commission

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1919 Smith, 7th Floor Houston, Texas 77002 Telephone: 713-209-3336 Facsimile: 713-209-3402 ATTORNEY-IN-CHARGE FOR PLAINTIFF EEOC
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Mark A. hank Texas Bar No. 18090800 S.D.Tex. Bar No. 21738 Robert J. Wood Jr. Texas Bar No. 00788712 s·.D.Tex. Bar 21738 4800 Renaissance Tower 1201 Elm Street Dallas, Texas 75270 Telephone: 214-741-1001 Facsimile: 214-760-9812 ATTORNEYS FOR DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?225124979610517-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:01-cv-00215

CLOSED

EEOC v. Metropolitan Life Assigned to: Judge John D. Rainey Demand: $0 Cause: 29:623 Job Discrimination (Age) Plaintiff Equal Employment Opportunity Commission
V. Defendant Metropolitan Life Insurance Company

Date Filed: 01/19/2001 Date Terminated: 07/30/2001 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Bruce V Griffiths EEOC 1919 Smith 7th Fl Houston, TX 77002-8049 713-209-3336 Fax: 713-209-3402 fax LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mark A Shank Hughes & Luce LLP 1717 Main St Ste 2800 Dallas, TX 75201 214-939-5420 Fax: 214-939-5849 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/19/2001 01/19/2001
01/19/2001

#

Docket Text

1 COMPLAINT by EEOC, filed; (psmith) (Entered: 01/24/2001)
2 Order setting Initial Pretrial and Scheduling Conference on 8:45 4/25/01 before Magistrate Judge Nancy K. Johnson and Order to Disclose Interested Persons, filed. Parties notified. (psmith) (Entered: 01/24/2001)
SUMMONS issued (1) (psmith) (Entered: 01/24/2001)

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?225124979610517-L_3...

02/13/2001 02/21/2001 02/26/2001 03/01/2001 03/01/2001 03/08/2001 03/30/2001 04/11/2001
04/11/2001 04/26/2001 04/30/2001
05/11/2001 05/17/2001

3 RETURN OF SERVICE executed as to Robert E. Wolin on 2/6/01 filed (sguevara) (Entered: 02/14/2001)
4 CERTIFICATE OF INTERESTED PARTIES by Metropolitan Life , filed. (sguevara) (Entered: 02/22/2001)
5 DEFT'S UNOPPOSED MOTION for extension of time to file initial response by Metropolitan Life, Motion Docket Date 3/18/01 [5-1] motion , filed. (ddarneille) (Entered: 02/26/2001)
6 CERTIFICATE OF INTERESTED PARTIES by EEOC , filed. (sguevara) (Entered: 03/01/2001)
7 ORDER granting [5-1] motion for extension of time to file initial response set answer due for 3/8/01 for Metropolitan Life , entered; Parties notified. ( signed by Judge John D. Rainey ) (fmremp) (Entered: 03/02/2001)
8 MOTION with brief in support to dismiss , in the alternative for summary judgment by Metropolitan Life, Motion Docket Date 3/28/01 [8-1] motion, 3/28/01 [8-2] motion , filed (hlerma) (Entered: 03/12/2001)
9 JOINT MOTION to extend deadline for pltf's respond to deft's motion to dismiss or alternatively, for summary judment until May 5, 2001 , and to postpone the scheduling conference by EEOC, Metropolitan Life , filed (sguevara) (Entered: 04/03/2001)
10 ORDER granting [9-1] joint motion to extend deadline for pltf's respond to deft's motion to dismiss or alternatively, for summary judment until May 5, 2001 granting [9-2] joint motion to postpone the scheduling conference reset scheduling conference for 8:45 7/5/01 before Magistrate Judge Nancy K. Johnson , entered; Parties notified. ( signed by Judge John D. Rainey ) (fmremp) (Entered: 04/12/2001)
Deadline updated; Response to motion reset to 5/5/01 for [8-1] motion to dismiss, reset to 5/5/01 for [8-2] motion for summary judgment (fmremp) (Entered: 04/12/2001)
11 SECOND JOINT MOTION to extend time deadline for pltf's response to deft's motion to dismiss, or in the alternative, for summary judgment until May 25, 2001 by EEOC, Metropolitan Life , filed (sguevara) (Entered: 04/26/2001)
12 ORDER granting [11-1] joint motion to extend time deadline for pltf's response to deft's motion to dismiss, or in the alternative, for summary judgment until May 25, 2001. Response to motion reset to 5/25/01 for [8-1] motion to dismiss, reset to 5/25/01 for [8-2] motion for summary judgment , Motion Docket Date 5/25/01 [8-1] motion to dismiss, 5/25/01 [8-2] motion for summary judgment , entered; Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 04/30/2001)
13 Alternate Dispute Resolution Provider MEMORANDUM by Mediator, Alvin Zimmerman, filed. The case referred to ADR has been settled (mhorn) (Entered: 05/17/2001)
Alternative Dispute Resolution Questionaire mailed to all parties of record. (mhorn) (Entered: 05/17/2001)

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

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?225124979610517-L_3...

05/31/2001 06/18/2001 07/16/2001 07/30/2001 07/30/2001

14 ORDER; on 5/11/01 the Court was informed that this action has settled closing papers to be submitted by 6/30/01 , entered; Parties notified. (signed by Judge John D. Rainey ) (fmremp) (Entered: 05/31/2001)
15 Notice of change of address and firm by counsel (Mark Shank) for deft Metropolitan Life , filed. (sguevara) (Entered: 06/19/2001)
16 STIPULATION of dismissal by EEOC, Metropolitan Life , filed (sguevara) (Entered: 07/17/2001)
17 ORDER OF DISMISSAL, entered: The parties' stipulation of dismissal having been filed, this case is DISMISSED with prejudice to its later refiling. Parties notified. ( signed by Judge John D. Rainey ) (psmith) (Entered: 07/31/2001)
Case closed (psmith) (Entered: 07/31/2001)

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Description: Docket Report Search Criteria: 4:01-cv-00215

Billable Pages: 2

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