"

• Case 5:03-cv-00039

Document 1

• Filed 11/19/2002 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF T~iSAS .?rlh ' . ,. -.' I S PI;

EL PASO DIVISION

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EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

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Plaintiff,

)

)

v.

)

)

ICON BENEFIT ADMINISTRATORS

)

INC. F/KIA TED L. PARKER &

)

ASSOCIATES, INC.,

)

)

Defendant.

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CIVIL ACTION NO.- - - - -

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COMPLAINT

Jury Trial Demanded

NATURE OF THE ACTION

This is an action under Title VII ofthe 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 religion,

gender, and retaliation, and to provide appropriate reliefto Richard R. Vasquez and Ilka M. Ramirez

who were adversely affected by such practices. As will be described with further particularity in

paragraph seven below, the Equal Employment Opportunity Commission (the "Commission") alleges that Icon Benefit Administrators, Inc. f/k/a Ted L. Parker & Associates, Inc. ("Icon") violated Title VII of the Civil Rights Act of 1964 when it discharged Mr. Vasquez because of his religious beliefs, and/or in retaliation for his opposition to what he reasonably believed to be religious discrimination, and when it discharged Ms. Ramirez because of her religious beliefs and/or her gender.
JURISDICTION AND VENUE

1. Jurisdiction ofthis Court is invoked pursuant to 28US.C. §§451, 1331, 1337, 1343

1

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• Case 5:03-cv-00039

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and 1345. This action is authorized and instituted pursuant to Section 706(f)(1) and (3) ofTitle 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 El Paso Division of the United States District Court for the Western District of Texas.
PARTIES

3. Plaintiff, the Commission, is the agency ofthe United States ofAmerica charged with

the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring

this action by Section706(f)(1) and (3) of Title VII, 42 U.S.c. §2000e-5(f)(1) and (3).

4. At all relevant times, Defendant, Icon (the "Employer"), has continuously been a Texas corporation doing business in the State of Texas and the City of Lubbock, and has continuously had at least 15 employees.

5. At all relevant times, Defendant Employer has continuously been an employer

engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of

Title VII, 42 U.S.c. §§ 2000e(b), (g) and (h). STATEMENT OF CLAIMS
6. More than thirty days prior to the institution ofthis lawsuit, Richard R. Vasquez and Ilka M. Ramirez each filed a charge with the Commission alleging violations of Title VII by

Defendant Employer. All conditions precedent to the institution ofthis lawsuit have been fulfilled.

7. Since at least October, 1998, Defendant Employer has engaged in unlawful

employment practices at its Lubbock, Texas facilities, in violation ofSection 703 and 704(a) ofTitle 2

• Case 5:03-cv-00039

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Page 3 of 6

VII, 42 U.S.c. §2000e-2 and 42 U.S.c. §2000e-3(a).

a. More specifically, in October, 1998, Defendant Employer discharged Richard

R. Vasquez because of his religious beliefs, and/or in retaliation for his

protests against what he reasonably believed to be religious discrimination.

b. Additionally, in February, 2000, Defendant Employer discharged Ilka M.

Ramirez because of her religious beliefs and/or because of her gender.

8. The effect of the practices complained of in paragraph seven above has been to

deprive Richard R. Vasquez of equal employment opportunities and otherwise adversely affect his

status as employee, because ofhis religious beliefs and/or because of his having engaged in activity

which is protected by Title VII.

9. The effect of the practices complained of in paragraph seven above has been to

deprive Ilka M. Ramirez of equal employment opportunities and otherwise adversely affect her

status as employee, because of her religious beliefs and/or her gender.

10. The unlawful employment practices complained of in paragraph seven above were

intentional.

11. The unlawful employment practices complained of in paragraph seven above were

done with malice or with reckless indifference to the federally protected rights of Richard R.

Vasquez and Ilka M. Ramirez.

PRAYER FOR RELIEF

Wherefore, the Commission respectfully requests that this Court:

A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors,

assigns, and all persons in active concert or participation with it, from terminating any of its

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• Case 5:03-cv-00039

Document 1

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employees because oftheir religious beliefs, and/or their gender and any other employment practice

which discriminates on the basis of religion and/or gender;

B. Grant a permanent injunction enjoining Defendant Employer, its officers, successors,

assigns, and all persons in active concert or participation with it, from engaging in retaliation, or

from any employment practices which retaliates, or which facilitates, condones, or encourages

retaliation;

C. Order Defendant Employer to institute and carry out policies, practices, and programs

which provide equal employment opportunities for non-members ofTed L. Parker's church, and for

women, and which eradicate the effects of its past and present unlawful employment practices;

D. Order Defendant Employer to institute and carry out policies, practices, and programs

which provide equal employment opportunities to individuals who participate in activity which is

protected under Title VII, and which eradicate the effects of its past, and present unlawful

employment practices;

E. Order Defendant Employer to make whole Richard R. Vasquez and Ilka M. Ramirez,

by providing appropriate backpay 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 reinstatement ofRichard R. Vasquez and Ilka M. Ramirez, or front pay

to those two individuals, in lieu thereof;

F. Order Defendant Employer to make whole Richard R. Vasquez and Ilka M. Ramirez,

by providing compensation for past and future pecuniary losses resulting from the unlawful

employment practices described in paragraph seven above, including, but not limited to relocation

expenses, job search expenses, and medical expenses not covered by the Employer's employee

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• Case 5:03-cv-00039

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benefit plan, in amounts to be determined at trial;
G. Order Defendant Employer to make whole Richard R. Vasquez and Ilka M. Ramirez
by providing compensation for past and future nonpecuniary losses resulting from the unlawful
employment practices complained of in paragraph seven above, including, but not limited to,
emotional pain, suffering, inconvenience, loss of enjoyment oflife, and humiliation, in amounts to
determined at trial;
H. Order Defendant Employer to pay Richard R. Vasquez and Ilka M. Ramirez punitive
damages for its malicious and reckless conduct described in paragraph seven above, in amounts to
be determined at trial;
I. Grant such further relief as the Court deems necessary and proper in the public
interest; and
J. 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
Il~ 1:3, lllJ.JJ.AJM -# ~
ROBERT B. HARWIN Regional Attorney State Bar No. 076083 District of Columbia
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iJDITH G. TAYL Supervisory Trial Attorney Texas State Bar No. 19708300

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• Case 5:03-cv-00039

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• Filed 11/19/2002 Page 6 of 6

Trial Attorney Texas State BarNo. 0079-741
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION El Paso Area Office 300 E. Main, Suite 500 El Paso, TX 79901
Telephone: (915) 534-6676 Telecopier: (915) 534-6701
ATTORNEYS FOR PLAINTIFF

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Case 5:03-cv-00039 Document 10 Filed 01/24/2003 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
EL PASO DIVISION

EQUAL EMPLOYMENT OPPORTUNITY )

COMMISSION,

)

Plaintiff,

)

)

vs.

)

)

ICON BENEFIT ADMINISTRATORS

)

INC. FIKIA TED L. PARKER &

)

ASSOCIATES, INC.,

)

Defendant,

)

---------------------------)
)

RICHARD R. VASQUEZ,

)

Intervenor.

)

CIVIL ACTION NO. EP02GAI
COMPLAINT IN INTERVENTION
5-03Cll0039-C

COMPLAINT IN INTERVENTION

This in 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, specifically, the

discharge on the basis of religion of, RICHARD R. VASQUEZ, hereinafter Intervenor-Plaintiff,

and to provide appropriate reliefto Intervenor-Plaintiff, who was adversely affected by such

discharge.

JURISDICTION AND VENUE

1. Original jurisdiction is conferred on this Court by 28 U.S.C. § 1331, as this action

involves a federal question under the laws of the United States. This action is also brought under

42 U.S.C. § 2000e-5(f)(I) & (3) and 42 U.S.c. § 1981a.

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

of the EI Paso Division of the United States District Court for the Western Division of Texas.

PARTIES

3. Intervenor-Plaintiff is an individual and resides in Lubbock County, Texas.

Case 5:03-cv-00039 Document 10 Filed 01/24/2003 Page 2 of 4
4. Plaintiff, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, hereinafter the Commission, is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII. 5. At all relevant times, Defendant, ICON BENEFIT ADMINSTRATORS, INC. FIKJA TED L. PARKER & ASSOCIATES, INC., hereinafter ICON, has continuously been a Texas corporation doing business in the State of Texas and the City of Lubbock, and has continuously had at least fifteen (15) employees. 6. At all relevant times, ICON, has continuously been an employer engaged in an industry affecting commerce within the meaning of 42 U.S.C. §§ 2000e(b), (g), & (h).
STATEMENT OF CLAIMS 7. Since at least October 1998, ICON has engaged in unlawful employment practices at its Lubbock, Texas facilities, in violation of 42 U.S.C. § 2000e-2 and 42 U.S.C. § 2000e-3(a). Specifically, in October 1998, ICON discharged Intervenor-Plaintiffbecause of his religious beliefs, and/or in retaliation for his protests against what he reasonably believed to be religious discrimination. 8. The effect of ICON's unlawful employment practices has been to deprive IntervenorPlaintiff of equal employment opportunities and otherwise adversely affect his status as an employee, because of his religious beliefs and/or because of his having engaged in activity protected by Title VII. 9. ICON's unlawful employment practices were intentional. 10. ICON's unlawful employment practices were done with malice or reckless indifference to the federally protected rights of Intervenor-Plaintiff.
Complaint in Intervention Page 2

Case 5:03-cv-00039 Document 10 Filed 01/24/2003 Page 3 of 4
DAMAGES 11. As a direct and proximate result oflCON's unlawful employment practices, IntervenorPlaintiff has suffered damages and, as provided by 42 U.S.C. §§ 1981a, is entitled to recover for those damages. Intervenor-Plaintiffhas suffered damages as follows:
a. Emotional pain and mental anguish sustained in the past; b. Emotional pain and mental anguish that, in reasonable probability, Plaintiff will
sustain in the future; c. Loss of wages sustained in the past; and d. Loss of wage earning capacity that, in reasonable probability, Plaintiff will sustain
in the future. PRAYER FOR RELIEF
12. WHEREFORE, PREMISES CONSIDERED, Intervenor-Plaintiff respectfully requests that this Court:
a. Compensatory damages as provided by 42 U.S.c. § 1981a; b. Punitive damages as provided by 42 U.S.C. § 1981a; c. Reasonable attorney's fees as provided by 42 U.S.C § 2000e-5(k); d. Pre-judgment and post-judgment interest; e. Costs of court; and f. Such other, further and different relief to which Intervenor-Plaintiff may show
himselfjustly entitled.
Complaint in Intervention Page 3

Case 5:03-cv-00039 Document 10 Filed 01/24/2003 Page 4 of 4 Respectfully Submitted, The Law Offices of Kevin Glasheen 1007 13th Street Lubbock, Texas 79408 Telephone: (806) 741-0284 Facsimile: (806) 763-2146 Kevin Glasheen State Bar No. 08001510 ATTORNEY FOR INTERVENOR-PLAINTIFF
Complaint in Intervention Page 4

 
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Case 5:03-cv-00039 Document 33 Filed 11/03/2003 Page 1 of 6

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

LUBBOCK DIVISION
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EQUAL EMPLOYMENT OPPORTUNITY §

COMMISSION,

§

NORTHERN DISTRICT OF TEXAS
FILED

§

Plaintiff,

§

NOV _ 3 3m

§

and RICHARD R. VASQUEZ,

§

§

CLERK, U.S. DISTRICT COURT By _ _--::-_ __

§

I>eput~

§

Intervenor,

§

Civil Action No. 5:03-CV-039-C

§

v.

§

§

ICON BENEFIT ADMINISTRATORS,

§

INC. FIKJA TED L. PARKER &

§

ASSOCIATES, INC.,

§

§

DefeDdant.

§

SETTLEMENT AGREEMENT

The parties to this Sett1ement Agreement are the Plaintiff, United States Equal Employment

OpportUnity Commission ("EEOC"), Plaintiff-Intervenor, Richard Vasquez, and Defendant, Icon

Benefit Administrators, Inc. f/kJa Ted L. Parker & Associates, Inc. ("Icon"). This Settlement

Agreement resolves the above-referenced Civil Action No. 5:03-CV-039-C. The EEOC initiated

this lawsuit under Title vn of the Civil Rights Act of 1964. as amended, 42 U.S.C. §§2000e, er seq.

(''Title vn") and Title I of the Civil Rights Act of 1991,42 U.S.C. § 1981a. Richard Vasquez

subsequentlY intervened. The Complaint asseTts unlawful employment practices on the basis of

religion, gender, and retaliation, and seeks to provide relief to nka Ramirez and Richard Vasquez.

Ms. Ramirez is a Catholic woman. and Plaintiff EEOC alleges, in the Complaint, that she was

discharged, in violation of Title VIT, because of her religious beliefs and/or her gender. Richard

Case 5:03-cv-00039 Document 33 Filed 11/03/2003 Page 2 of 6
Vasquez is an a£heist, and Plaintiff EEOC alleges, in the Complaint, that he. too, was discharged in
violation of Title vn, because of his religious beliefs and/or in retaliation for his protests against
what he reasonably believed to be religious discrimination. Richard Vasquez has intervened in this lawsuit. In his Complaint In Intervention, he alleges
that he was discharged in violation of Title vn, because of his religious beliefs and/or in retaliation
for his protests against what he reasonably believed to be religious cliscrimination. The EEOC, Richard Vasquez, and Icon wish to settle this Action, without the necessity of
further litigation, pursuant to the tenns delineated in this Agreement. By entering into this Settlement Agreement, Icon expressly denies the validity ofany claim and/or cause ofaction asserted in the Comp1aint, and Icon enters into this Settlement Agreement for £he sole purpose of avoiding the expenses associated with this litigation. Icon further assens that by entering into this Settlement Agreement it makes no admission of liability or wrongdoing and makes no admission that its alleged conduct was improper, discriminatory or illegal in any respect.
1. This Court has jurisdiction of the subject matter of this action and the parties, venue is proper. and all administrative prerequisites to the filing of this action have been met. The Complaint and the Complaint In Intervention state claims on behalf of IIka Ramirez and Richard Vasquez which. if proved, would authorize this Court to grant relief against Icon, pursuant (0 Title VII.
2. This Settlement Agreement resolves all issues raised in EEOC's Complaint in this case, and all the issues raised in Richard Vasquez' Complaint In Intervention. EEOC waives funher litigati on of all issues raised in the above-referenced Complaint and Richard Vasquez waives further litigation of all issues raised in the above-referenced Complaint In Intervention. EEOC expressly
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Case 5:03-cv-00039 Document 33 Filed 11/03/2003 Page 3 of 6

reserves its right, however, to process and litigate any other charges which may now be pending or may in the future be filed against Icon.
3. Icon, in settlement of this dispute, shall pay to TIka Ramirez the sum total of five thousand dollars ($5,000.00), and shall pay to Richard Vasquez the sum total offive thousand dollars ($5,000.00). The payment to Ms. Ramirez shall be sent directly to Ms. Ramirez at 814 Patricia, San Antonio, TX 78216. The payment for Mr. Vasquez shall be sent directly to counsel for Mr. 'Vasquez, Kevin Glasheen, at 1007 13rh Street, Lubbock, TX 79408. A copy of any settlement check and any accompanying transmittal documents shall be forwarded to the EEOC to the attention of Robert B. Harwin, Regional Attorney, 5410 Fredericksburg Road, Suite 200, San An.tonio, TX
78229.
4. In providing employment references regarding either Ilka Ramirez or Richard Vasquez. Icon shall make no mention of the filing of the Complaint, the Complaint In Inrervention,
or the underlying charges filed by Ms. Ramirez and Mr. Vasquez:. 5. Icon, its agents, officers, employees, servants, successors, and assigns, shall continue
itS practice and policy of not discriminating against any employee on the basis of religious beliefs and/or gender.
6. Icon, its agents, officers, employees, servants, successors. and assigns, shall continue it practice and policy of not retaliating in any manner whatsoever against any past, present, or future employee, who opposes any employment practice which he/she reasonably believes [0 be unlawful, pursuant to Title VJI, or who files a discrimination charge, gives testimony or assistance, or participates in any manner in any investigation, proceeding. hearing or action under Title VU.
7. Icon, its agents. officers, employees, servants, successors. and assigns, shall continue its practice and policy of maintaining an EEOC poster at Icon's Lubbock. Texas facility in an area
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Case 5:03-cv-00039 Document 33 Filed 11/03/2003 Page 4 of 6

where employees are Hkely to congregate. 8. Icon shal~ continue its practice of disseminating a notice to all employees re-affinning
its policy to comply with all EEOC requirements, re-affirming any policy manual provision regarding the Company policy not to discriminate on the basis of reJigious beliefs, gender. or any other protected characteristic, and the Company policy not to retaliate against any employee who protests against discrimination, and requesting that each employee sign and return an acknowledgment that they have received said notice.
9. To funher the ends of this Settlement Agreement, within ninety (90) days of entry of this Decree, Icon's management staff shall participate in equat employment opportUnity compliance training. This training shaH: (a) explain the law relating to discrimination in employment based on religious beliefs, including bur not limited to discharges; (b) explain the Jaw relating to discrimination in employment based on gender, including but not limited to discharges; (c) explain the law relating to retaliation under Tide VII, including but not limited to, discharges; (d) explain the damaging effects of discrimination based on religious beliefs to victims, their families, their co-workers, and the workplace environment; (e) explmn the damaging effects of discrimination based on gender to victims, their families, their co-workers. and the workplace environment; and (f) explain the damaging effects of retaliation to victims) their families, their coworkers, and the workplace environment. In addition, the training shall teach non-discriminarory work and management techniques when inteaacing or interacting with other employees, and the responsibilities of supervisory employees and human resources personnel to provide prompt and effective relief to individuals who complain of discrimination based on religious beliefs, or gender, or who complain of retaliation. Within 30 days prior to the date scheduled for this training. Icon shall furnish to the EEOC a written report describing the trmning to be anended by its employees,
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Case 5:03-cv-00039 Document 33 Filed 11/03/2003 Page 5 of 6

identifying the instrUctor(s) and describing their qualifications to conduct such training, and the EEOC shall have the right, within ten days of its receipt of this information, to disapprove the training and the instructor.
10. The renns of this Settlement Agreement shall be binding upon the EEOC. Richard Vasquez, and Icon, their agents, officers. employees, servants, successors, and assigns. as to the issues resoI ved herein.
11. Each party shall bear its own costs, including attorney's fees incurred in this action. 12. The parties agree that there is no prevailing party in this action or proceeding.

ERIC S. DREIBAND General Counsel
JAMESL.LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel

R. MICHAEL SMITH Anomey
DECHERT. L.L.P. 1775 Eye Street, N.W., 11th Floor Washington, D.C. 20006 Tel: (202) 261-3307 Fax: (202)261-3333

~bl~
ROBERT B. HARWIN Regional Anomey District of Columbia Bar No. 0760873

.. , '

Case 5:03-cv-00039 Document 33 Filed 11/03/2003 Page 6 of 6

RO~"*-~il!?~ /AA-)-
Attorney Federal Bar No. 04987300
CRAIG, TERRILL & HALE P.O. Box 1979 Lubbock, TX 79408-1979 Tel: (806) 744-3232
Fax: (806) 744-2211
ATTORNEYS FOR DEFENDANT

LE lelA DOMING Trial Attorney
Texas State Bar No. 0079574
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION El Paso Area Office
300 E. Main, Suite 500 El Paso, Texas 79901 Tel: (915) 534-6676 Fax: (915) 534-6701
ATTORNEYSFORP~

1007 13th Street Lubbock, TX 79408 Tel: (806) 741-0284 Fax: (806) 763-2146
ATTORNEY FOR PLAINTIFF-INTERVENOR
,-

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U.S. District Court Northern District of Texas (Lubbock) CIVIL DOCKET FOR CASE #: 5:03-cv-00039

CLOSED

Equal Employment Opp v. Icon Benefit Adminis Assigned to: Judge Sam R Cummings Demand: $0 Cause: 42:2003 Job Discrimination

Date Filed: 02/13/2003 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant

Plaintiff
Equal Employment Opportunity Commission

represented by Judith G Taylor Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7637 Email: judith.taylor@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leticia Dominguez Equal Employment Opportunity Commission - El Paso 300 E Main Suite 500 El Paso, TX 79901 915/534-6676 Fax: 915/534-6701 FAX Email: Tisha.Dominguez@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert B Harwin Equal Employment Opportunity Commission San Antonio District Office 5410 Fredricksburg Rd Suite 200 San Antonio, TX 78240 210/281-7643 Email: Robert.Harwin@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

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V. Defendant Icon Benefit Administrators Inc formerly known as Ted L Parker & Associates Inc
Intervenor Richard R Vasquez

represented by Robert L Craig, Jr Craig Terrill Hale & Grantham PO Box 1979 Lubbock, TX 79408-1979 806/744-3232 Fax: 806/744-2211 FAX Email: bobc@cthglawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
R Michael Smith Dechert Price & Rhoads - Washington 1775 I St NW 11th Floor Washington, DC 20006-2401 202/261-3307 Fax: 202/261-3333 FAX Email: michael.smith@dechert.com ATTORNEY TO BE NOTICED
represented by Kevin T Glasheen Law Offices of Kevin Glasheen 1302 Texas Ave Lubbock, TX 79415 806/741-0284 Fax: 806/763-2146 FAX Email: kevin@glasheenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert S Hogan Law Offices of Kevin Glasheen 1302 Texas Ave Lubbock, TX 79415 806/741-0284 Fax: 806/763-2146 FAX Email: rhogan@glasheenlaw.com ATTORNEY TO BE NOTICED

Date Filed 11/19/2002 12/11/2002

#

Docket Text

1 COMPLAINT filed; (egb) (Entered: 02/13/2003)

2 MOTION by defendant Icon Benefit Adminis to transfer case to the Lubbock Division of the United States District Court for the Northern

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12/11/2002
12/23/2002
12/23/2002
01/08/2003 01/09/2003 01/09/2003
01/14/2003 01/24/2003 01/24/2003 01/24/2003 01/24/2003 01/29/2003 02/03/2003
02/04/2003

District of Texas (egb) (Entered: 02/13/2003)
3 MEMORANDUM by defendant Icon Benefit Adminis in support of [2-1] motion to transfer case to the Lubbock Division of the United States District Court for the Northern District of Texas (egb) (Entered: 02/13/2003)
4 MOTION by plaintiff Equal Employment Opp to strike [2-1] motion to transfer case to the Lubbock Division of the United States District Court for the Northern District of Texas (egb) Modified on 02/13/2003 (Entered: 02/13/2003)
4 RESPONSE by plaintiff Equal Employment Opp in opposition to [2-1] motion to transfer case to the Lubbock Division of the United States District Court for the Northern District of Texas (egb) (Entered: 02/13/2003)
5 MOTION by defendant Icon Benefit Adminis to file brief more than five pages in length (egb) (Entered: 02/13/2003)
6 ORDER granting [5-1] motion to file brief more than five pages in length (Signed by Judge David Briones) Copies to counsel: 01/09/03 Page(s) 1 (egb) (Entered: 02/13/2003)
7 REPLY by defendant Icon Benefit Adminis to response to [4-1] motion to strike [2-1] motion to transfer case to the Lubbock Division of the United States District Court for the Northern District of Texas (egb) (Entered: 02/13/2003)
8 WAIVER OF SERVICE Returned Executed as to Icon Benefit Adminis 11/19/02 Answer due on 1/21/03 for Icon Benefit Adminis (egb) (Entered: 02/13/2003)
9 ANSWER to Complaint by defendant Icon Benefit Adminis (Robert L. Craig Jr Attorney ), (egb) (Entered: 02/13/2003)
10 COMPLAINT IN INTERVENTION filed; (egb) (Entered: 02/13/2003)
11 MOTION by Richard R Vasquez to intervene as a plaintiff (egb) (Entered: 02/13/2003)
12 REQUEST FOR HEARING by Richard R Vasquez for his Motion to Intervene (egb) (Entered: 02/13/2003)
13 SUPPLEMENT TO REPLY BRIEF by defendant Icon Benefit Adminis (egb) (Entered: 02/13/2003)
14 PLAINTIFF'S REPORT OF THE MEETING AND DISCOVERY/CASE MANAGEMENT PLAN UNDER RULE 26(F) OF THE FEDERAL RULES OF CIVIL PROCEDURE by plaintiff Equal Employment Opp (egb) (Entered: 02/13/2003)
15 INTERVENOR'S RESPONSE TO ICON BENEFIT ADMINISTRATORS, INC'S SUPPLEMENT TO REPLY BRIEF by Richard R Vasquez (egb) (Entered: 02/13/2003)

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02/13/2003
02/13/2003 02/20/2003
03/06/2003 03/18/2003 03/18/2003
05/22/2003 05/30/2003 05/30/2003 05/30/2003 06/03/2003 06/03/2003

16 MEMORANDUM OPINION AND ORDER granting as modified [2-1] motion to transfer case to the Lubbock Division of the United States District Court for the Northern District of Texas; it is further ordered that the above-captioned cause is TRANSFERRED to the Lubbock Division of the Northern District of Texas. It is finally ordered that Defendant Icon Benefit Administrators, Inc's request for sanctions against Plaintiff the Equal Employment Opportunity Commission is DENIED (Signed by Judge David Briones) Copies to counsel: 2/10/03 Page(s): 10 (egb) (Entered: 02/13/2003)
16 Original file, certified copy of transfer order and docket sheet received from WD/TX, El Paso Division (egb) (Entered: 02/13/2003)
17 SCHEDULING ORDER: Amended Pleadings due by 3:00 pm 5/15/2003. Discovery due by 3:00 pm 12/15/2003. Joinder of Parties due by 5/15/2003. Motions due by 3:00 pm 10/15/2003 including motions for summary judgment with supporting briefs. Experts must be disclosed unless otherwise identified pursuant to written discovery by 3:00 pm 8/15/03. (Signed by Judge Sam R Cummings on 02/20/03) (egb, ) (Entered: 02/21/2003)
18 ORDER granting 11 Motion to Intervene and Request for a Hearing denied as moot. (Signed by Judge Sam R Cummings on 03/06/03) (egb, ) (Entered: 03/06/2003)
19 MOTION for Leave To Proceed Without Local Counsel by Equal Employment Opportunity Commission (bdg, ) (Entered: 03/18/2003)
20 ORDER granting 19 Motion for Leave to Proceed Without Local Counsel; It is therefore ORDERED, ADJUDGED and DECREED that Plaintiff, EECO, may appear without designation of local counsel. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 03/18/03) (bdg, ) (Entered: 03/18/2003)
21 RETURN OF SERVICE ON SUBPOENA served on Lauren Marshall 5/21/03; re: desposition to be taken on 6/4/03 at 9:30 am filed by Icon Benefit Administrators Inc (egb, ) (Entered: 05/22/2003)
22 MOTION to Compel Attendance of Cathy Blanco at Deposition and for an Expedited Hearing by Icon Benefit Administrators Inc (egb, ) (Entered: 05/30/2003)
23 MOTION to Quash Deposition of EEOC investigator Cathy Blanco and, in the alternative, for protective order by Equal Employment Opportunity Commission (egb, ) (Entered: 05/30/2003)
24 ORDER:, Set/Reset Deadlines as to 22 Motion to Compel, 23 Motion to Quash. Responses due by 9:00 a.m. 6/3/2003 (Signed by Judge Sam R Cummings on 5/30/03) (egb, ) (Entered: 05/30/2003)
25 ORDER granting 22 Motion to Compel (Signed by Judge Sam R Cummings on 6/3/03) (egb, ) (Entered: 06/03/2003)
26 ORDER denying 23 Motion to Quash (Signed by Judge Sam R

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Cummings on 6/3/03) (egb, ) (Entered: 06/03/2003)
27 RESPONSE in Opposition to Plaintiff's Motion to Quash Deposition Notice or For Protective Order filed by Icon Benefit Administrators Inc. (egb, ) (Entered: 06/03/2003)
28 RESPONSE in Opposition to Defendant's Motion to Compel Attendance of Cathy Blanco at Deposition filed by Equal Employment Opportunity Commission. (egb, ) (Entered: 06/03/2003)
29 PRETRIAL NOTICE AND ORDER: Jury Trial set for 2/2/2004 09:00 AM before Judge Sam R Cummings. SEE ORDER FOR FURTHER INFORMATION. cc: pro se parties and attorneys of record. (Signed by Judge Sam R Cummings on 08/05/03) (bdg, ) (Entered: 08/06/2003)
30 NOTICE of Attorney Appearance by Robert S Hogan on behalf of Richard R Vasquez (egb, ) (Entered: 10/29/2003)
31 JOINT MOTION to Enter Settlement Agreement by Equal Employment Opportunity Commission, Icon Benefit Administrators Inc, Richard R Vasquez (egb, ) (Entered: 11/03/2003)
32 ORDER granting 31 Joint Motion to Enter Settlement Agreement. It is therefore ordered that the Settlement Agreement is hereby entered. The Court shall retain jurisdiction to enforce the terms and conditions as set forth int he Settlement Agreement, which is attached to the parties' Joint Motion to Enter Settlement Agreement. (Signed by Judge Sam R Cummings on 11/3/03) (egb, ) (Entered: 11/03/2003)
33 SETTLEMENT AGREEMENT filed by Equal Employment Opportunity Commission, Icon Benefit Administrators Inc, Richard R Vasquez (egb, ) (Entered: 11/03/2003)
***Civil Case Terminated. (egb, ) (Entered: 11/04/2003)

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