",'v e CIVIL COVER SHEET e ~JS44 (Rev.3/99)

~~~ it~d The JS-44 civil

e~1X ~~~d by law,

c\

\

the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required

by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the

use of(Rf~ ~\ ourt for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

\EL I. (a)

INTIFFS

DEFENDANTS

U. S. Equal Employment Opportunity CommissIOn

(b) County of Residence of First Listed Plaintiff___________

County of Residence of First Listed Defendant _ _ _ _ _ _ _ _ _ __

, 1rr:01L rc: 'W fro (EXCEPT

IN

U.S.

PLAINTIFF

CASES}.

l-~--=~:If-,;:(\f\:U!!-;I:f;, -nnLtM~~Nr~ ~;':-::~L:

(IN U.S. PLAINTIFF CASES ONLy) AND CONDEMNATION CASES, USE THE LOCATION
INVOLVED

OF

THE

(c) Attorney's (Firm Name, Address, and Telephone Number)
Danita Roy Wiltz, Senior Trial Attorney EEOC-Dallas District Office 201 South Houston St., 3'" Floor Dallas, TX 15202 (214) 655-3358

nown)

II. BASIS OF JURISDICTION (place an "X" m One Box mrrr

X I U.S. Government Plaintiff

o 3 Federal Question
(U.S. Government Not a Party)

lUI. LITIZENSHIP OF PRINCIPAL P ARTIES(place an "X" in One Box for Plamtiff

(For Diverstty Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State 0 1 01 Incorporated or Principal Place 0 4 04

of Business In This State

o 2 U.S. Government

o 4 Diversity

Citizen of Another State 0 2 0 2 Incorporated and Principal Place 0 5 05

Defendant

(Indicate Citizenship of Parties

of Business In Another State

in Item III)

Citizen or Subject of a 0 3 0 3 Foreign Nation

o 6 06

Foreign CountrY

IV. NATURE OF SUIT (Place an "X" in One Box Only)

CONTRACT

TORTS

FORFEnrrrnE~ENALTY

BANKRUPTCY

OTHER STATUTES

0 110 Insurance

PERSONAL INJURY

o PERSONAL INJURY

6\0 Agnculture

0122 Appeal 28 USC 158

o 400 State Reapportionment

0 120 Marine

o 3\0 Airplane

0 362 Personal Injury- o 620 Other Food & Drug

o 410 Antitrust

0 \30 Mdler Act

o 315 Alrplane Product

Med Malpractice o 625 Drug Related Seizure 0123 Withdrawal

o 430 Banks and Banking

0 140 Negotiable Instrument

Llablhty

0 150 Recovery of Overpaymen o 320 Assault, Libel &

0 365 Personal Injury Product Liability

of Property 21 USC

28 USC 157

o 450 Commerce!ICC Rates/etc.

o 630 Liquor Laws

t - - - - - - - - - - - I O 460 Deportation

& Enforcement of Judgmen

Slander

0 368 Asbestos Personal o 640 R.R & Truck

t-_P_R_O_P_E_R_T_Y_R_IG_H_T_S--j 0 470 Racketeer Influenced and

0 151 Medicare Act 0 152 Recovery of Defaulted
Student Loans
(Exc\. Veterans)

o 330 Federal Employers'

Injury Product

o 650 Airhne Regs

Liability

Llabtlity

o 660 Occupattonal

o 340 Manne o 345 Marine Product

o PERSONAL PROPERTY
0 370 Other Fraud

SafetyfHealth 690 Other

[B20 Copyrights [B30 Patent [B40 Trademark

Corrupt Organizations
o 810 Selective Service o 850 SecuritleslCommodittes/
Exchange

0 153 Recovery of Overpayment

Liabihty

0 371 Truth in Lending I---------~f_--------_l 0 875 Customer Challenge

o of Veteran's Benefits

350 Motor Vehicle

0 380 Other Personal

LABOR

SOCIAL SECURITY

12 USC 3410

0 160 Stockholders' Suits

o 355 Motor Vehicle

Property Damage 0 710 Fair Labor Standards [B61 HIA (\395tl)

0 190 Other Contract

Product Liablhty 0 385 Property Damage

Act

[B62 Black Lung (923)

_0 _195_Co_ntr_act_Pro_ duc_t Li_ablh_ty+O__36_0_0_th_e_r_pe_r_so_n_a1_In_~_Ury_,_---Pr-od-uc_t_L_ia_bi_h_ty_-I 0 720 LaborlMgmt Relattons [B63 DIWCIDIWW (405(g»

o 891 Agricultural Acts o 892 EconomiC Stabdizalton Act oo 893 EnVIronmental Matters
894 Energy Allocatton Act

REAL PROPERTY

CIVIL RIGHTS

0 210 Land Condemnation

o 441 Votmg

0 220 Foreclosure

X 442 Employment

0 230 Rent Lease & Ejecnnent o 443 Housmg!

0 240 Tons to Land

Accommodattons

0 245 Ton Product Liability o 444 Welfare

0 290 All Other Real Property o 440 Other Civil RIghts

o PRISONER PETITIONS o 510 Motions to Vacate
o Sentence
Habeas Corpus
o 530 General
o 535 Death Penalty o 540 Mandamus & Other o o 550 Civil Rights o 555 Prison Conditton

[B64 SSID Tttle XVI 730 LaborlMgmt.Reponing [B65 RSI (405(g»

& Disclosure Act

740 Railway Labor Act

FEDERAL TAX SUITS

791 Empl Ret Inc. Secunty Act

[87\ IRS-Third Party 26 USC 7609

o 895 Freedom of
Information Act
o 900 Appeal ofFee
Determination Under Equal
Access to Justtce
o 950 Constitutionality of
State Statutes
o 890 Other Statutory Actions

V. ORIGIN

(PLACE AN "X" IN ONE BOX ONLY)

o X I Original

2 Removed from

Proceeding

State Court

o 3 Remanded from
Appellate Court

Transferred from

o

4 Reinstated or 0

5

another district (specify)

Reopened

o 6 Multidistrict Litigation

Appeal to District Judge from
o 1 Magistrate Judgment

CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write bnef statement of cause

VI.

Do not cite Junsdlctlonal statutes unless diverSity.)

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 provide appropriate relief to Claire P. Hill who was involuntarily and adversely reassigned by Defendant

sac Communjcatjons Inc baSed on her sex,female becaUSe Of her pregnancy

VII. REQUESTED IN

0 CHECK IF THIS IS A CLASS ACTION DEMAND $

CHECK YES only if demanded in complaint:

COMPLAINT:

UNDER F.R.C.P. 23

JURY DEMAND:

X Yes 0 No

VIII. RELATED CASE(S)

(See instructions):

IF ANY

DOCKET NUMBER

RECEIPT # _ _ _ __ AMOUN _ _ _ _ _ __ APPLYING IFP _ _ _ _ _ __ n]DGE _ _ _ _ _ __ MAG n]DGE _ _ _ _ _ _ _ __

'\

IN THE UNITED STATES DISTRI FOR THE NORTHERN DISTRICT
DALLAS DIVISION

DISTRICT NORTHERN DISTRICf OF TEXAS
=1 FILED I S@293m

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, v. SBC COMMUNICATIONS, INC.,
Defendant

CLERK, U.s. DISTRICT COURT
By _______________

Deputy
}

}

}

CIVIL ACTION NO.

} }

S-03CV2228-D

}

} COM P L A I N T

}

}

}

}

JURY TRIAL DEMAND

}

NATURE OF THE ACTION This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to provide appropriate relief to Claire P. Hill who was involuntarily and adversely reassigned by Defendant SBC Communications, Inc. based on her sex, female, because of her pregnancy.
JURISDICTION AND VENUE 1. Jurisdiction of this Court is invoked pursuant to 28 u.S.C. §§ 451, 1331, 1337, 1343, and 1345. This action is authorized and instituted pursuant to Section 706 (f) (3) of the Civil Rights Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5 (f) (3), and Section 102 of the Civil Rights Act of 1991, 42 u.S.C. Sec. 1981a.

'I

2. The employment practice alleged to be unlawful was committed within the jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.

PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII of the Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant SBC Communications, Inc., has continuously been and is now doing business in the state of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant SBC Communications, Inc. has continuously been an employer engaged in an industry affecting commerce under Section 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 of this lawsuit, Claire P. Hill filed a charge with the Commission alleging a violation of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant SBC Communications, Inc. All conditions precedent to the institution of this lawsuit have been fulfilled.

COMPLAINT

2

•
7. During the employment of Claire P. Hill, Defendant engaged in unlawful employment practices in violation of §703(a) (1) and §701(k) of Title VII, 42 U.S.C. § 2000e-2(a) (1) and §2000e(k), by involuntarily and adversely reassigning her job duties because of her pregnancy.
9. The result of the foregoing practice has been to deprive Claire P. Hill of equal employment opportunities because of her sex under Title VII.
10. The unlawful employment practice complained of in paragraph 7 above was intentional.
11. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of Claire P. Hill.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant SBC Communications, Inc., its officers, successors, assigns, and all persons in active concert or participation with it from engaging in any employment practice which discriminates on the basis of pregnancy. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment

COMPLAINT

3

C. Order the Defendant to make whole Claire P. Hill by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary damages, compensatory damages, including out-of-pocket expenses, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices.
D. Order the Defendant to make Claire P. Hill whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Claire P. Hill punitive damages for its malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
o
G. Award the Commission its costs in this action.

COMPLAINT

4

JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact
raised by its Complaint.
Respectfully submitted,
ERIC S. DREIBAND General Counsel
JAMES L. LEE Deputy General Counsel
GWENDOLYN YOUNG REAMS Associate General Counsel
~~'F Regional Attorney Oklahoma State Bar No. 011782 ~lV>~ TOBY W. COSTAS

P:\SBC Complaint.wpd

D
Texas
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3358 (214) 655-3331 FAX

COMPLAINT

5

 
 •

•

u.s. mSTlUCT COURT NORTHE~.N 2ISTRICT OF TEXAS

oRIG' NALIN THE UNITED STATES DISTRICT COU FOR THE NORTHERN DISTRICT OF TE S

FILED NOV I 7 2003

DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY }

COMMISSION,

}

}

}

Plaintiff,

}

}

v.

}

}

SOUTHWESTERN BELL TELEPHONE L.P. }

}

Defendant.

}

}

}

------------------------------}

CLERK, U.s.DISTR!CT COURT
By ____~~__- - - -
Deputy
CIVIL ACTION NO. 3-03CV222S-D
AMENDED COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964, as amended and Title I of

the Civil Rights Act of 1991 to correct unlawful employment practices on the basis of sex and to

provide appropriate relief to Claire P. Hill who was adversely reassigned by Defendant

Southwestern Bell Telephone L.P. based on her sex, female, and because of her pregnancy.

JURISDICTION AND VENUE

1. 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(t)(3) of the Civil Rights

Act of 1964, as amended, ("Title VII"), 42 U.S.C § 2000e-5(t)(3), and Section 102 of the Civil

Rights Act of 1991, 42 U.S.C. Sec. 1981a.

2. The employment practice alleged to be unlawful was committed within the

jurisdiction of the United States District Court for the Northern District of Texas, Dallas Division.

• •
PARTIES 3. Plaintiff, Equal Employment Opportunity Commission (the "Commission"), is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII ofthe Civil Rights Act of 1964, as amended and is expressly authorized to bring this action by Section 706(a) of Title VII, 42 U.S.C. § 2000e-5(a). 4. At all relevant times, Defendant, Southwestern Bell Telephone L.P., has continuously been and is now doing business in the State of Texas and has continuously had at least fifteen employees. 5. At all relevant times, Defendant, Southwestern Bell Telephone L.P., has continuously been an employer engaged in an industry affecting commerce under Section 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 of this lawsuit, Claire P. Hill filed a charge with the Commission alleging a violation of Title VII of the Civil Rights Act of 1964, as amended, by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. During the employment of Claire P. Hill, Defendant engaged in unlawful employment practices in violation of §703(a)(1) and §701(k) ofTitle VII, 42 U.S.C. § 2000e-2(a)(1) and §2000e(k), by adversely reassigning her supervisory duties from sales to non-sales status because of her pregnancy.

AMENDED COMPLAINT

2

• •
9. The result of the foregoing practice has been to deprive Claire P. Hill of equal employment opportunities because of her sex under Title VII.
10. The unlawful employment practice complained of in paragraph 7 above was intentional.
11. The unlawful employment practice complained of in paragraph 7 above was done with malice or with reckless indifference to the federally protected rights of Claire P. Hill.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining the Defendant, Southwestern Bell Telephone L.P, its officers, successors, assigns, and all persons in active concert or participation with them, from engaging in any employment practice which discriminates on the basis of pregnancy. B. Order Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for pregnant females, and which eradicate the effects ofits past and present unlawful employment practices. C. Order the Defendant to make whole Claire P. Hill, by providing appropriate back pay with prejudgment interest in amounts to be determined at trial, front pay, pecuniary damages, compensatory damages, induding out-of-pocket expenses, and other affirmative reliefnecessary to eradicate the effects of its unlawful employment practices. D. Order the Defendant to make Claire P. Hill whole by providing compensation for past and future non-pecuniary losses resulting from the unlawful employment practices described in

AMENDED COMPLAINT

3

• •
paragraph 7 above, including but not limited to, pain and suffering, humiliation, embarrassment, emotional distress, anxiety, and loss of enjoyment of life, in amounts to be determined at trial.
E. Order the Defendant to pay Claire P. Hill punitive damages for its malicious conduct or reckless indifference described and referenced in paragraph 7 above, in an amount to be determined at trial.
F. Grant such further relief as the Court deems necessary and proper in the public interest.
G. Award the Commission its costs in this action. JURY TRIAL DEMAND
The Commission requests a jury trial on all questions of fact raised by its Complaint. Respectfully submitted,

Respectfully submitted,

\....

... /

I

Senior Trial Attorney Texas State Bar No. 04186600
ROBERT A. CANINO Regional Attorney Oklahoma State Bar No. 011782
TOBY W. COSTAS Supervisory Trial Attorney Texas State Bar No. 04855720
DANITA ROY WILTZ Senior Trial Attorney Texas State BarNo. 17351400

AMENDED COMPLAINT

4

•

•
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office 207 South Houston, 3rd Floor Dallas, Texas 75202 (214) 655-3330 (214) 655-3331 FAX

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served by first class mail and telecopy on:

Darrell L. Guy One SBC Plaza, Suite 2900 208 South Akard Street Dallas, Texas 75202-4208 Telecopy: (214) 464-2250

this

S:r:? ' - - - - -_ . t1. tJA day of N~~~ ,2fi-\J '>

SIDNEt?CHESNIN

AMENDED COMPLAINT

5

 
 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff, VS. SBC COMMUNICATIONS, INC.,
Defendant.

§ § § § § Civil Action No. 3:03-CV-2228-D § § § § §

MEMORANDUM OPINION AND ORDER

Plaintiff Equal Em ployment Opportunity Com mission (“EEOC”) sues defe ndant

Southwestern Bell Telephone, LLP (“SWB”), alleging that SWB discriminated against one of its

employees, Claire Pilant Hill (“Hill”), based on hersex, in violation of Title VII of the Civil Rights

Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. SWB moves for summary judgment, and the

court denies the motion.1

SWB employed Hill as a manager in its Business Sales Administration department. After

she informed her supervisor and coworkers that she was pregnant, SW B transferred her from a

management position supervising customer service representatives to one supervising service order

writers. Hill did not want the transfer, and she perceived that it resulted from her pregnancy. She

filed a charge of discrimination with EEOC, and it, in turn, brought this lawsuit.

SWB contends it is entitled to summary judgment because EEOC has not produced evidence

1Under § 205(a)(5) the E-Government Act of 2002 and the definition of “written opinion” adopted by the Judicial Conference of the United States, this is a “written opinion[ ] issued by the court” because it “sets forth a reasoned explanationfor [the] court’s decision.” It has been written, however, primarily for the parties, to decide issuespresented in this case, and not for publication in an official court reporter, and should be understood accordingly.

to establish that Hill’s transfer—which it cont ends is purely lateral—qualifies as an ultim ate employment action as required for recovery under Title VII2. Assuming arguendo that EEOC must prove that the transf er in question m eets this standard, 3 the court concludes there is sufficient objective evidence that the involuntary transfer was a demotion and thus an ultimate employment action.
EEOC may avoid summary judgment by showing that Hill’s involuntary transfer can be objectively viewed as a demotion. See Pegram v. Honeywell, Inc,. 361 F.3d 272, 284 (5th Cir. 2004) (addressing claim under 42 U.S.C. § 1981). It may do so by demonstrating that the new position was objectively worse. See id. at 283 (“We have previously held, asa matter of law, that under Title VII principles, an employment transfer may qualify as an ‘adverse employment action’ if the change makes the job ‘objectively worse.’” (quotingHunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 770 (5th Cir. 2001), and citing Burger v. Cent. Apartment Mgmt., Inc., 168 F.3d 875, 879 (5th Cir. 1999)); see Greene v. DaimlerChrysler Servs. of N. Am., 2005 WL 794927, at *3 (5th Cir. Apr. 8, 2005) (unpublished opinion) (Title VII retaliation claim); Pickens v. Shell Tech. Ventures Inc., 118 Fed. Appx. 842, 848-49 (5th Cir. 2004) (unpublished opinion) (Title VII discrim ination claim). EEOC has adduced deposition testimony of SWB employees that supports the finding that the job of supervising service order writers is objectively worse than that of supervising customer service
2SWB objects to portions of Hill’s affidavit on the basis that her statements are conclusory and contradict her deposition testimony. The court overrules these objections as moot. Assuming arguendo that the portions of the affidavit to which SW B objects should be excluded, this would not alter the court’s decision or reasoning.
3The court suggests no view on how it would ruleon this issue in the context of a motion for judgment as a matter of law, presented with thebenefit of additional argument and development of the evidentiary record.
- 2 -

representatives. Manager Carolyn Johnson testif ied that she did not know of any m anager who sought to supervise service order writers. Terry Macias, who supervised all the managers, testified that she could not recall any manager who sought to supervise service order writers, but she estimated that there were between ten to fifteen managers who applied to supervise customer service representatives.4
Viewing this evidence in the light most favorable to EEOC as the nonmovant, and drawing all reasonable inferences in its favor, as the court must, see, e.g., Clift v. Clift, 210 F.3d 268, 270 (5th Cir. 2000), the court concludes that EEOC has adduced sufficient evidence to create a genuine issue of fact that Hill’s transfer was a demotion. The Fifth Circuit has treated the rate at which employees seek transfer or contest involuntary transf er to particular positions as relevant in determ ining whether a position is objectively worse. See Forsyth v. City of Dallas, 91 F.3d 769, 774 (5th Cir. 1996) (addressing claim under 42 U.S.C. § 1983) (noting that few officers voluntarily transferred from Intelligence Unit to night patrol);Click v. Copeland, 970 F.2d 106, 110 (5th Cir. 1992) (§ 1983 action) (noting that civil service director received eight appeals frominvoluntary transfers fromlaw enforcement unit to detention unit, but only one appeal from transfer in other direction). A reasonable trier of fact could find that Hill was transferred to a position that was objectively worse than her previous job and that the transfer was a demotion.
SWB contends that, even if EEOC can show that Hill’s pregnancy was a motivating factor in the employment decision, it is entitled to summary judgment because it would have transferred
4EEOC also points to the affidavit testimony of SWB employee Pamela Coston, who testified that she was “ shocked” by Hill’s transfer becau se she had never known of a custom er service representative manager who was transferred or sought transfer to supervise service order writers. See P. App. 4. The court need not consider SWB’s objection to this evidence because, even without it, EEOC can withstand summary judgment.
- 3 -

her anyway. SW B asserts only that it can “defeat [EEOC’s] claim ” on this basis. D. Br. at 19. Although this argument supports limiting the damages recovery, see 42 U.S.C. § 2000e-5(g)(2)(B), it does not defeat EEOC’s claim.
SWB’s December 1, 2004 motion for summary judgment is denied. SO ORDERED. April 19, 2005.
_________________________________ SIDNEY A. FITZWATER UNITED STATES DISTRICT JUDGE
- 4 -

 
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CLOSED, JURY, RAMIREZ
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:03-cv-02228

Equal Employment Opportunity Commission v. SBC Communications, Inc Assigned to: Judge Sidney A Fitzwater Cause: 28:451 Employment Discrimination

Date Filed: 09/29/2003 Date Terminated: 06/30/2005 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by Devika Seth Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2764 Fax: 214/253-2749 FAX Email: devika.seth@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Danita Roy Wiltz Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2768 Fax: 214/253-2749 FAX Email: danita.wiltz@eeoc.gov

Ronetta J Francis Equal Employment Opportunity Commission Dallas District Office 207 S Houston 3rd Floor Dallas, TX 75202 214/253-2746 Fax: 214/253-2749 FAX Email: Ronetta.Francis@eeoc.gov ATTORNEY TO BE NOTICED

Sidney B Chesnin Law Office of Sidney Chesnin

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V. Defendant SBC Communications, Inc TERMINATED: 11/17/2003
Defendant Southwestern Bell Telephone, L.P.
Provider Courtenay Lee Bass
2 of 9

https://ecf.txnd.uscourts.gov/cgi-bin/DktRpt.pl?823306684846229-L_3...
4841 Tremont Street #9 Dallas, TX 75246 972/503-6338 Email: schesnin@hotmail.com
represented by Darrell L Guy Southwestern Bell Telephone Company One Bell Plaza 208 S Akard St Suite 2900 Dallas, TX 75202 214/464-3643 Fax: 214/464-2250 FAX Email: darrell.guy@sbc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Marisia Parra-Gaona AT & T One AT&T Plaza 208 S Akard St Suite 2900 Dallas, TX 75202-4208 214/464-0218 Email: marisia.parra-gaona@att.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Darrell L Guy Southwestern Bell Telephone Company 208 S Akard St Suite 2900 Dallas, TX 75202 214/464-3643 Fax: 214/464-2250 FAX Email: darrell.guy@sbc.com TERMINATED: 07/08/2004
represented by Courtenay Lee Bass Gilbert Mediation Group 3131 McKinney Ave Suite 125 Dallas, TX 75204 214/303-4500 Fax: 214/303-4501
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Email: clbmediate@aol.com PRO SE

Date Filed 09/29/2003 09/29/2003 09/29/2003 09/29/2003 09/30/2003 10/01/2003 10/29/2003 10/29/2003 10/30/2003 11/13/2003 11/14/2003
11/17/2003
11/17/2003 11/18/2003

#

Docket Text

1 COMPLAINT against SBC Communications, Inc , filed by Equal Employment Opportunity Commission.(djd) (Entered: 09/30/2003)
DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (djd) (Entered: 09/30/2003)
***Magistrate Judge Ramirez chosen by random selection to handle matters that may be referred in this case. (djd) (Entered: 09/30/2003)
2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Equal Employment Opportunity Commission. (djd) (Entered: 09/30/2003)
3 Summons Issued as to CT Corporation, registered Agent, for SBC Communications, Inc. (jaw) (Entered: 10/01/2003)
4 Summons Reissued as to SBC Communications, Inc. (jaw) (Entered: 10/01/2003)
5 ANSWER to Complaint by SBC Communications, Inc.(djd) (Entered: 10/30/2003)
6 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by SBC Communications, Inc. (djd) (Entered: 10/30/2003)
7 Order for Scheduling Order Proposal: Proposed Scheduling Order due by 12/1/2003. (Signed by Judge Sidney A Fitzwater on 10/30/03) (djd) (Entered: 10/31/2003)
8 Notice of Appearance and Designation of lead counsel Sidney Chesnin for Plaintiff Equal Employment Opportunity Commission. (jyg, ) (Entered: 11/18/2003)
9 Unopposed MOTION to Amend 1 Complaint to Substitute SW Bell Telephone as Dft and MOTION to Non-Suit Defendant, SBC Communications Inc re 1 Complaint by Equal Employment Opportunity Commission (jyg, ) (Entered: 11/18/2003)
10 ORDER granting 9 Motion to Amend Complaint, granting 9 Motion to Non-Suit Defendant, SBC Communications Inc. The Clerk of the Court is ordered to file the Amended Complaint among the papers in this cause. (Signed by Judge Sidney A Fitzwater on 11/17/03) (nap, ) (Entered: 11/18/2003)
11 AMENDED COMPLAINT and Jury Demand filed by Equal Employment Opportunity Commission against Southwestern Bell Telephone, L.P. (nap, ) (Entered: 11/19/2003)
12 JOINT SCHEDULING Proposal for contents of scheduling and discovery order by Equal Employment Opportunity Commission, SBC Communications, Inc. (djd) (Entered: 11/19/2003)

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11/21/2003 11/21/2003 12/10/2003 12/10/2003 02/26/2004 04/01/2004 07/08/2004 07/09/2004 08/26/2004 10/01/2004 10/07/2004 10/21/2004 10/26/2004 10/29/2004
10/29/2004

13 SCHEDULING ORDER: Amended Pleadings due by 10/1/2004. Discovery due by 11/1/2004. Joinder of Parties due by 4/1/2004. Motions due by 12/1/2004. (Signed by Judge Sidney A Fitzwater on 11/21/03) (djd) (Entered: 11/24/2003)
14 STATUS REPORT ORDER: Status Report due by 11/1/2004. (Signed by Judge Sidney A Fitzwater on 11/21/03) (djd) (See #13 for image) (Entered: 11/24/2003)
15 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Southwestern Bell Telephone, L.P.. (jrb, ) (Entered: 12/12/2003)
16 Original ANSWER to Amended Complaint by Southwestern Bell Telephone, L.P..(jrb, ) (Entered: 12/12/2003)
17 SUMMONS Returned Executed as to SBC Communications, Inc served by delivering to authorized agent Marie Garcia on 10/10/2003, answer due 10/30/2003. (klm, ) (Entered: 02/27/2004)
18 SUBSTITUTION of counsel by Devika S Dubey on behalf of Equal Employment Opportunity Commission (aat, ) (Entered: 04/02/2004)
19 Amended Designation of lead counsel Marisia Parra-Gaona for Defendant Southwestern Bell Telephone, L.P.. (in for Darrell L. Guy) (klm, ) (Entered: 07/09/2004)
20 Designation of lead counsel Marisia Parra-Gaona for Defendant Southwestern Bell Telephone, L.P.. (klm, ) (Entered: 07/12/2004)
21 TRIAL SETTING ORDER: Docket Call set for 5/16/2005 before Judge Sidney A Fitzwater. (Signed by Judge Sidney A Fitzwater on 8/26/04) (klm, ) (Entered: 08/27/2004)
22 Motion for Leave to File First Amended Answer to Plaintiff's Amended Complaint by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 10/04/2004)
23 Response to Motion re 22 Defendant's Motion for Leave to File First Amended Answer to Plaintiff's Amended Complaint filed by Equal Employment Opportunity Commission. (klm, ) (Entered: 10/07/2004)
24 REPLY to Plaintiff's Response to Motion re 22 Defendant's MOTION for Leave to File First Amended Answer to Plaintiff's Amended Complaint filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 10/21/2004)
25 Proof of Service for Subpoena served on Chandra R. Monga on 10/15/04. (klm, ) (Entered: 10/27/2004)
26 ***UNFILED PER ORDER OF 11/2/04*** MOTION for Contempt, to Compel Deposition and for Limited Extension of Discovery Deadline and Brief in Support Thereof by Southwestern Bell Telephone, L.P. (klm, ) Modified on 11/2/2004 (klm, ). (Entered: 11/01/2004)
27 ***UNFILED PER ORDER OF 11/2/04***Appendix in Support re 26 Brief in Support of MOTION for Contempt, to Compel Deposition and for Limited Extension of Discovery Deadline filed by Southwestern Bell Telephone, L.P. (klm, ) Modified on 11/2/2004 (klm, ). (Entered: 11/01/2004)

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11/02/2004 11/02/2004 11/02/2004
11/02/2004 11/02/2004 11/03/2004 11/04/2004

28 ORDER REFERRING MOTION to Magistrate Judge Ramirez: 26 Motion for Contempt, to compel deposition and for limited extension of discovery deadline filed by Southwestern Bell Telephone, L.P. (Signed by Judge Sidney A Fitzwater on 11/1/04) (klm, ) (Entered: 11/02/2004)
29 JOINT STATUS REPORT by Equal Employment Opportunity Commission, Southwestern Bell Telephone, L.P. (klm, ) (Entered: 11/02/2004)
30 Order Unfiling 26 MOTION for Contempt, to Compel Deposition and for Limited Extension of Discovery Deadline filed by Southwestern Bell Telephone, L.P., 27 Appendix in Support filed by Southwestern Bell Telephone, L.P. due to the following deficiency: A completed certificate of serice is required on 3rd party witness and the motion must include a certificate of conference or inability to confer with 3rd party witness. (Signed by Judge Irma C Ramirez on 11/2/04) (klm, ) (Entered: 11/02/2004)
31 ORDER granting 22 Defendant's Motion for Leave to File First Amended Answer to Plaintiff's Amended Complaint. The clerk of court is directed to file the first amended answer today. (Signed by Judge Sidney A Fitzwater on 11/2/04) (klm, ) (Entered: 11/02/2004)
32 FIRST AMENDED ANSWER to 11 Plaintiff's Amended Complaint by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 11/02/2004)
33 ORDER: In their joint status report, counsel indicate they are willing to mediate this case at this time. Within 45 days of the date of this order, counsel and their clients shall appear before a mediator of their mutual choosing and participate in mediation. The mediator shall submit a report to the court w/in 5 days of the mediation. The clerk of court shall transmit to counsel a copy of the mediator report form. The mediator is ordered to return the form to the clerk of court. The mediator's obligation to return the clerk's form is separate from the obligation to submit a report to the court. (Signed by Judge Sidney A Fitzwater on 11/2/04) (klm, ) (Entered: 11/03/2004)
34 Amended MOTION for Contempt, to Compel Deposition and for Limited Extension of Discovery Deadline and Brief in Support Thereof by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 11/03/2004)
35 AFFIDAVIT in Support re 34 Defendant's First Amended MOTION for Contempt, to Compel Deposition and for Limited Extension of Discovery Deadline by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 11/03/2004)
36 ORDER REFERRING MOTION to Magistrate Judge Ramirez: 34 First Amended Motion for Contempt, to Compel Deposition and for Limited Extension of Discovery Deadline filed by Southwestern Bell Telephone, L.P. (Signed by Judge Sidney A Fitzwater on 11/3/04) (klm, ) (Entered: 11/03/2004)
37 ORDER: Set/Reset Deadlines as to Responses due by 11/18/2004 Motion Hearing set for 11/23/2004 10:00 AM before Magistrate Judge Irma C Ramirez. Ordered that respondent Chanda Monga shall appear in person at the hearing. Counsel for plaintiff shall attempt to notify respondent Monga of the date and time of the scheduled hearing via telephone at a telephone number known to counsel. The USDC's office is directed to serve a copy of this Order on the following party via United States Mail: Chanda Monga, 2901 University Blvd.,

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12/01/2004
12/01/2004 12/01/2004 12/01/2004 12/17/2004 12/17/2004 12/17/2004 01/03/2005 04/14/2005

Dallas, TX, 75205. (Signed by Judge Irma C Ramirez on 11/4/04) (klm, ) (Entered: 11/04/2004)
38 ORDER: The parties' Joint Motion for Entry of Agreed Order is granted. The time period in which the parties may complete discovery is extended to 12/15/04. The hearing set for 10:00 a.m. on 11/23/04 is cancelled. (Signed by Judge Irma C Ramirez on 11/10/04) (klm, ) (Entered: 11/10/2004)
Set/Reset Scheduling Order Deadlines: Discovery due by 12/15/2004. (see image 38) (klm, ) (Entered: 11/10/2004)
39 Joint MOTION for Entry of Agreed Order by Equal Employment Opportunity Commission, Southwestern Bell Telephone, L.P. (klm, ) (Entered: 11/12/2004)
40 ORDER granting 39 Motion for Entry of Agreed Order. The time period in which the parties may complete discovery is extended to 12/15/04 for the sole purpose of allowing SBT to take the deposition of Ms. Chanda Monga. Ms. Monga shall appear on 12/15/04 at 10:00 a.m. at the offices of Dixie & Mauzy, LLP for the purpose of giving her deposition testimony. Failure of Ms. Monga to appear may result in an Order of Contempt and such other penalties as may be determined by the Court. The hearing on this matter set for 10:00 a.m. on 11/23/04 is cancelled. (Signed by Judge Sidney A Fitzwater on 11/12/04) (klm, ) (Entered: 11/15/2004)
41 Alternative Dispute Resolution Summary filed by Courtenay Lee Bass. Attorneys in Attendance: Devika S. Dubey, Marisia Parra-Gaona, and Toby W. Costas. Prv Fee: $2,500.00. Disposition: Parties were unable to reach settlement.(klm, ) (Entered: 12/02/2004)
42 MOTION for Summary Judgment by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 12/02/2004)
43 Brief in Support re 42 defendant's MOTION for Summary Judgment filed by Southwestern Bell Telephone, L.P.. (klm, ) (Entered: 12/02/2004)
44 Appendix re 43 defendant's Brief in Support of Motion for Summary Judgment filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 12/02/2004)
45 RESPONSE to Defendant's 42 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 12/21/2004)
46 Brief in 45 RESPONSE to Defendant's 42 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 12/21/2004)
47 Appendix to Documents Cited in Plaintiff's 45 RESPONSE to Defendant's 42 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission.(attachments not imaged)(100+ pages) (lmr, ) (Entered: 12/21/2004)
48 REPLY to Plaintiff's Response to Motion re 42 Defendant's MOTION for Summary Judgment filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 01/05/2005)
49 Deposition Witness Designations of by Equal Employment Opportunity Commission. (klm, ) (Entered: 04/14/2005)

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04/21/2005 04/21/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005 05/02/2005
05/02/2005

50 Pre-Trial Exhibit List by Equal Employment Opportunity Commission. (klm, ) (Entered: 04/14/2005)
51 Pre-Trial Witness List by Equal Employment Opportunity Commission. (klm, ) (Entered: 04/14/2005)
52 Designation of Witness Testimony by Deposition by Southwestern Bell Telephone, L.P.(klm, ) (Entered: 04/18/2005)
53 Exhibit List by Southwestern Bell Telephone, L.P.. (klm, ) (Entered: 04/18/2005)
54 Witness List by Southwestern Bell Telephone, L.P.. (klm, ) (Entered: 04/18/2005)
55 Memorandum Opinion and Order denied 42 Motion for Summary Judgment filed by Southwestern Bell Telephone, L.P. (Signed by Judge Sidney A Fitzwater on 4/19/05) (klm, ) (Entered: 04/19/2005)
56 NOTICE of Attorney Appearance by Ronetta J Francis on behalf of Equal Employment Opportunity Commission (klm, ) (Entered: 04/22/2005)
57 Supplemental Pre-Trial Exhibit List by Equal Employment Opportunity Commission. (klm, ) (Entered: 04/22/2005)
58 MOTION in Limine and Brief in Support by Equal Employment Opportunity Commission(klm, ) (Entered: 05/03/2005)
59 Proposed Jury Voir Dire by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/03/2005)
60 Proposed Jury Instructions by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/03/2005)
61 Exhibit List by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/03/2005)
62 Witness List by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/03/2005)
63 Deposition Witness Designations by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/03/2005)
64 Proposed Jury Instructions and Questions by Southwestern Bell Telephone, L.P.(klm, ) (Entered: 05/03/2005)
65 Proposed Voir Dire Questions by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/03/2005)
66 MOTION in Limine by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/03/2005)
67 Objections re 57 Plaintiff's Pre-trial Exhibit List, 50 and Supplemental Pre-trial Exhibit List filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/03/2005)
68 Designation of Deposition Excerpts by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/03/2005)

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05/02/2005 05/03/2005 05/09/2005
05/09/2005 05/09/2005 05/10/2005
05/16/2005
05/17/2005 05/17/2005 05/18/2005 05/20/2005 05/25/2005 06/20/2005 06/20/2005 06/20/2005 06/22/2005 06/22/2005

69 Exhibit List by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/03/2005)
70 Supplemental Document by Southwestern Bell Telephone, L.P. as to 69 Exhibit List. (klm, ) (Entered: 05/04/2005)
72 Objections and RESPONSE in Opposition re 66 Defendant's MOTION in Limine and Supporting Brief filed by Equal Employment Opportunity Commission. (klm, ) (Entered: 05/10/2005)
73 Objection re 61 Plaintiff's Exhibit List filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/10/2005)
74 RESPONSE to Motion re 58 Plaintiff's MOTION in Limine filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/10/2005)
71 Minute Entry for proceedings held before Judge Sidney A Fitzwater : Status Conference held on 5/10/05. Counsel to advise court by close of business on 5/11/05 whether the case has been settled. (Court Reporter Pam Wilson.) (klm, ) (Entered: 05/10/2005)
75 ORDER: The court sets the trial to commence on June 27, 2005 at 9:00 a.m. The court will later set a pretrial conference with counsel, after consulting with them concerning their availability. Docket Call set for 6/27/2005 09:00 AM before Judge Sidney A Fitzwater. (Signed by Judge Sidney A Fitzwater on 5/16/05) (klm, ) (Entered: 05/16/2005)
76 Objection re 59 Plaintiff's Proposed Jury Voir Dire filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/18/2005)
77 Objection re 63 Plaintiff's Deposition Designations filed by Southwestern Bell Telephone, L.P. (klm, ) (Entered: 05/18/2005)
78 Proof of Service for Subpoena served on Chanda Monga personally on 5/10/05. (klm, ) (Entered: 05/19/2005)
79 AFFIDAVIT of Service for Subpoena served personally on Melva Best on 5/17/05. (klm, ) (Entered: 05/23/2005)
80 PROOF of Service for Subpoena served on Chanda Monga on 5/23/2005. (skt, ) (Entered: 05/27/2005)
81 Objections re 69 Defendant's Trial Exhibit List filed by Equal Employment Opportunity Commission. (klm, ) (Entered: 06/21/2005)
82 Objections re 65 Defendant's Proposed Voir Dire Questions filed by Equal Employment Opportunity Commission. (klm, ) (Entered: 06/21/2005)
83 Objections re 68 Defendant's Designation of Deposition Excerpts filed by Equal Employment Opportunity Commission. (klm, ) (Entered: 06/21/2005)
84 Minute Entry for proceedings held before Judge Sidney A Fitzwater : Pretrial Conference held on 6/22/05. (klm, ) (Entered: 06/23/2005)
85 JOINT PRETRIAL ORDER (see order for specifics) (Signed by Judge Sidney A Fitzwater on 6/22/05) (klm, ) (Entered: 06/24/2005)

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06/27/2005 06/28/2005 06/29/2005 06/30/2005 06/30/2005
06/30/2005 06/30/2005 06/30/2005 07/01/2005 07/06/2005
07/06/2005 07/06/2005

86 Minute Entry for proceedings held before Judge Sidney A Fitzwater : Jury Selection held on 6/27/05, Jury Trial begun on 6/27/2005. (Court Reporter Pam Wilson.) (klm, ) (Entered: 06/28/2005)
88 Minute Entry for proceedings held before Judge Sidney A Fitzwater : 2nd day Jury Trial held on 6/28/05. (Court Reporter Pam Wilson.) (klm, ) (Entered: 06/29/2005)
89 Minute Entry for proceedings held before Judge Sidney A Fitzwater : 3rd day Jury Trial held on 6/29/05. (Court Reporter Pam Wilson.) (klm, ) (Entered: 06/30/2005)
90 Minute Entry for proceedings held before Judge Sidney A Fitzwater : 3rd day of Jury Trial completed on 6/30/2005. Court's charge to the jury. Verdict returned in favor of the dft. (Court Reporter Pam Wilson.) (jrb, ) (Entered: 07/01/2005)
91 JUDGMENT in favor of Defendant against Plaintiff. It is ordered and adjudged that plaintiff's action is dismissed with prejudice. Taxable costs of court, as calculated by the clerk of the court, are assessed against plaintiff. (Signed by Judge Sidney A Fitzwater on 6/30/05) (jrb, ) (Entered: 07/01/2005)
92 RESPONSE to 42 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (bss, ) (Entered: 07/01/2005)
93 Certification of Trial Exhibits by Equal Employment Opportunity Commission, Southwestern Bell Telephone, L.P. (kdc, ) (Entered: 07/01/2005)
95 Jury Charge. (kdc, ) (Entered: 07/01/2005)
97 BILL OF COSTS by Southwestern Bell Telephone, L.P.. (skt, ) (Entered: 07/06/2005)
96 Amended Minute Entry for proceedings held before Judge Sidney A Fitzwater : 4th day of Jury Trial completed on 6/30/2005. Court's charge to the jury. Verdict returned in favor of the dft. (Court Reporter Pam Wilson.) (Court Reporter Pam Wilson.) (mfw, ) (Entered: 07/06/2005)
Costs Taxed in amount of $3,751.14 against Equal Employment Opportunity Commission (skt, ) (Entered: 07/06/2005)
98 Plaintiff's and Defendant's Trial Exhibits received by Courtroom Deputy. (kdc, ) (Entered: 07/07/2005)

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