IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION 

AZIZ A. ALDEN, 

Plaintiff, 

v. 

WELLS FARGO BANK, 

Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

C.A. No. 5:20-cv-620 

Removed from the District Court of 

Bexar County, State of Texas, 45th 

Judicial District 

JURY DEMANDED 

DEFENDANT’S NOTICE OF REMOVAL 

Defendant, Wells Fargo Bank, N.A. (“Wells Fargo”), removes this action pursuant to 28 

U.S.C. §§ 1331 and 1332. The specific grounds for removal are set forth below. 

INTRODUCTION 

1. Plaintiff, Aziz Alden, filed a civil action against Wells Fargo, on January 15, 2020. 

The lawsuit is recorded on the docket of the District Court for Bexar County, State of Texas, in 

the 45 Judicial District Court, as Civil Action No. 2020-CI-00904 (the “State-Court Action”). In 

his petition, Alden alleges discrimination in violation of Title VII of the Civil Rights Act of 1964 

based on his race, color, national origin, and sexual orientation. 

2. Pursuant to 28 U.S.C. § 1446(a), true and correct copies of the Summons and 

Complaint and all orders from the state court action are attached hereto as Exhibit A. These 

documents constitute all “process, pleadings and orders” served on Defendant in the State-Court 

Action. 

THE NOTICE OF REMOVAL IS TIMELY

3. Alden has not properly served his petition and/or a summons on Wells Fargo’s 

registered agent. The Texas Rules of Civil Procedure require a properly-executed summons (or 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 1 of 46
2 

the equivalent) to be served upon the defendant in order for process to be sufficient. Tex. R. Civ. 

P. 106(a)(2). The Rules also require that service be made upon designated individuals who are 

authorized to accept service of process on behalf of the corporation, which include the 

corporation's registered agent, president, or vice president. Tex. Bus. Orgs. Code §§ 5.201, 

5.255(1). Failure to name the proper registered agent or person authorized to accept service renders 

service ineffective. See Cannedy v. Wells Fargo Bank, N.A., No. 417CV00205ALMCAN, 2017 

WL 4211050, at *4 (E.D. Tex. Sept. 5, 2017), report and recommendation adopted, No. 4:17-CV205, 2017 WL 4181705 (E.D. Tex. Sept. 21, 2017) (holding that service was invalid because 

petition and citation that did not identify defendant’s registered agent). 

4. Wells Fargo’s registered agent for service of process is Corporation Service 

Company located at 211 W. 7th St., Suite 620, Austin, Texas 78701. A copy of Wells Fargo’s 

listing from the Secretary of State’s website that includes information regarding its registered agent 

is attached as Exhibit B. 

5. Alden did not serve Wells Fargo’s registered agent, but instead attempted to serve 

the petition and summons on Joe A. Atkinson via certified mail. (Ex A). Thus, Wells Fargo has 

not been served in accordance with the Texas Rules of Civil Procedure, and its Notice of Removal 

is therefore timely. 

BASIS FOR REMOVAL 

6. The Court has both original federal question jurisdiction under 28 U.S.C. § 1331 

and diversity jurisdiction under 28 U.S.C. § 1332(a): first, because Alden brings claims under Title 

VII (42 U.S.C. §§ 2000e, et seq.); and second, because the parties are completely diverse and the 

amount in controversy exceeds $75,000.

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 2 of 46
3 

A. This Court has original federal question jurisdiction because Alden brings 

claims under Title VII. 

7. Federal Question Jurisdiction. “[A]ny civil action brought in a State court of 

which the district courts of the United States have original jurisdiction, may be removed by the 

defendant or the defendants to the district court of the United States for the district and division 

embracing the place where such action is pending.” 28 U.S.C. § 1441(a). “A federal question 

exists if there appears on the face of the complaint some substantial, disputed question of federal 

law.” In re Hot-Hed Inc., 477 F.3d 320, 323 (5th Cir. 2007). Here, it is apparent on the face of 

the petition that Alden purports to assert claims under Title VII. Thus, this Court has original 

federal question jurisdiction under 28 U.S.C. § 1331 because this case involves causes of action 

under Title VII. 

B. This Court also has diversity jurisdiction because the parties are completely 

diverse and the amount in controversy exceeds $75,000. 

8. Additionally, this Court has diversity jurisdiction under 28 U.S.C. § 1332(a) 

because the parties are completely diverse and the amount in controversy exceeds $75,000, 

exclusive of interests and costs. 

9. Alden’s Citizenship. Alden is now, and was at the time he commenced this action, 

a citizen of the State of Texas within the meaning of 28 U.S.C. § 1332(a) because his place of 

residence and domicile is and was within Texas. (Ex. A, Petition); see also Simmonds Equip., LLC 

v. GGR Int’l, Inc., No. 4:15-CV-862, 2015 WL 5089169, at *7 (S.D. Tex. Aug. 27, 2015) 

(“Citizenship is based on domicile, i.e., where an individual resides and intends to remain.”) (citing 

Acridge v. Evangelical Lutheran Good Samaritan Society, 334 F.3d 444, 448 (5th Cir. 2003)). 

Thus, for purposes of diversity jurisdiction, Alden is domiciled in and a citizen of Texas. 

10. Wells Fargo’s Citizenship. Wells Fargo is, and was at the time Alden commenced 

this action, a National Banking Association, federally chartered with the Office of the Comptroller 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 3 of 46
4 

of Currency of the United States. For purposes of federal diversity subject matter jurisdiction, a 

National Association is a citizen of the state in which its main office is located, as set forth in its 

articles of association. Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303, 318 (2006). Defendant’s 

main office, as set forth in its articles of association, is located in Sioux Falls, South Dakota. Thus, 

Wells Fargo is a citizen of the State of South Dakota. 

11. Amount-in-Controversy. The amount-in-controversy requirement is satisfied 

because Alden alleges in his petition that he is seeking $1,500,000. This Court can determine that 

removal is “proper if it is facially apparent that the claims are likely above [$75,000].” Allen v. R 

& H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995). 

12. Because there is complete diversity of citizenship and the amount in controversy 

exceeds $75,000, jurisdiction exists under 28 U.S.C. § 1332. Removal is therefore proper. 

VENUE AND NOTICE

13. Venue is proper in this District and Division under 28 U.S.C. § 1441(a) because 

this District and Division embrace Bexar County, Texas, where Alden filed the State-Court Action. 

See 28 U.S.C. § 98(a). 

14. Wells Fargo will promptly file a Notice of Filing of Notice of Removal with the 

45th Judicial District Court for Bexar County, State of Texas and will serve a copy of the filing on 

Alden in accordance with 28 U.S.C. § 1446(d). A Copy of this Notice is attached as Exhibit C. 

CONCLUSION 

Wells Fargo respectfully prays that the above-described action pending against it be 

removed to this Court. Wells Fargo also respectfully requests all other relief, at law or in equity, 

to which it is justly entitled. 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 4 of 46
5 

Dated: May 26, 2020 Respectfully submitted, 

SEYFARTH SHAW LLP 

By: /s/ Timothy M. Watson

Timothy M. Watson 

State Bar No. 20963575 

S.D. Texas I.D. 12953 

Alia S. Wynne 

State Bar No. 24060860 

S.D. Texas I.D. 679809 

700 Milam Street, Suite 1400 

Houston, Texas 77002-2797 

(713) 225-2300 – Telephone 

(713) 225-2340 – Facsimile 

twatson@seyfarth.com

awynne@seyfarth.com

ATTORNEYS FOR DEFENDANT 

WELLS FARGO BANK, N.A. 

CERTIFICATE OF SERVICE 

I hereby certify that I have filed the foregoing document with the Court’s CM/ECF 

electronic filing system on this 26th day of May 2020 and served a copy to the following nonCM/ECF participant via email and United States mail: 

Aziz A. Alden 

8003 Palmetto Place 

San Antonio, TX 78254 

Telephone: (210) 577-0182 

azizkain@gmail.com 

/s/ Alia S. Wynne

Alia S. Wynne 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 5 of 46
EXHIBIT A 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 6 of 46
Case #2020CI00904 

Name: AZIZ A ALDEN 

Date Filed : 1/15/2020

Case Status : PENDING 

Litigant Type : PROPIA PERSONA 

Court : 045 

Docket Type : OTHER CIVIL CASES 

Business Name : 

Style : AZIZ A ALDEN 

Style (2) : vs WELLS FARGO 

Page 1 of 2

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Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 7 of 46
Case History 

Currently viewing 1 through 9 of 00009 records

Sequence Date Filed Description

P00008 5/22/2020 ORIGINAL ANSWER OF 

WELLS FARGO BANK NA 

P00007 5/21/2020 EMAILED COPY OF: 

ENTIRE FILE TO TIMOTHY M WATSON 

P00006 5/19/2020 LETTER TO DISTRICT CLERK 

FR: TIMOTHY M. WATSON RE: COPY OF ENTIRE 

FILE 

T00005 5/18/2020 NON-JURY 

SETTING ON TRIAL ON THE MERITS 

COURT: 109 TRIAL DATE & TIME: 7/2/2020 9:00AM 

S00001 3/3/2020 CITATION CERTIFIED MAIL 

WELLS FARGO 

ISSUED: 3/3/2020 RECEIVED: 3/3/2020 

RETURNED: 3/10/2020 

P00004 2/26/2020 REQUEST FOR SERVICE AND PROCESS 

P00003 2/26/2020 SERVICE ASSIGNED TO CLERK 2 

P00002 1/15/2020 ACKNOWLEDGMENT OF PROPRIA PERSONA PARTY 

P00001 1/15/2020 PETITION 

Page 2 of 2

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Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 8 of 46
iiii 1111 

40- 

045TH JUDICIAL DISTRICT COURT 

RZIZ A ALDEN US UELLS FARGO 

DATE FILED: 01/15/2020 

Mr. A;i A AgeA 

3 ØA(.&ACt(O IAIACI 

Name of Plaintiff(s) 

vs 

vkk 

- Name of Defendant(s) 

Case Number: 

L' 

COMPLAINT UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 

Note: If plaintiff is alleging employment discrimination based on race or color, please also see 42:tJ.S.C. 1981 

This action is brought pursuant to Title VII of the Civil Rights Act of 1964 for 

employment discrimination. Jurisdiction is specifically conferred on the court by 42 

U.S.C. 2000e-5. Equitable and other relief are also sought under 42 U.S.C. 2000e-5(g). 

2.. Plaintiff, ,1, Al2!y\ ,is a citizen of the United States 

(name of plaintiff) 

and resides at g0O3 /MCtfb NAC( • 

, S~ t4fr460I0 

(street address) (city) 

-* —72-S1 , 710-57m018 2-. 

(county) (state) (zip) (telephone) 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 9 of 46
3.. Defendant, frlJe II'S -ft) ,resides at, or its business is 

(name of defendant) 

located at o kJ frii4IIl7LJt1 ttc1⁄4X 4-10 

(street address) ) (city) 

(county) (tate) (zip) (telephone) 

Plaintiff sought.employment from the defendant or was employed by the defendant 

at S'u) ,41;/4 bt1i( , 3'a 4iL'iv 

(street addres) (city) 

(county) (state) (zip) 

Defendant discriminated against plaintiff in the manner indicated in paragraphs 9 and 10 

of the complaint on or about A I __ / 2 1)/ 

(month, day, year) 

Plaintiff filed charges against the defendant with the Equal Employment Opportunity 

Commission charging defendant with the acts of discrimination indicated in paragraphs 

9and 10 of this complaint on or about Oc.-f abetZ2 

(month, day, year) 

The Equal Employment Commissior issued a Notice of Right to Sue which was 

received by plaintiff on Oct/jar1?!_ppI') 

(month day, year) 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 10 of 46
(AjUtf'ef Z 44)?S &A-44/(( c/%,et ,UMC/6c /a( %nd 

S 

3 Because of plaintiffs (1) /'race, (2) / color, (3) / sexjAq / ov-ue.jc4,t 

(4) .7 national origin, defendant: 

failed to employ plaintiff. 

terminated plaintiff's employment. 

C. failed to promote plaintiff. 

d. / Other 

IA/MI 

The circumstances under which the defendant discriminated against plaintiff were as 

follows: 

All: 

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4 

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44ce 4VI ie 

&as he pVbMokf a' 

4 /6%4 OA ,e AS 

,fr CJ4cie ,DD5r1;O"5. 1Zect 

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Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 11 of 46
II 

10. The acts set forth in paragraph 9 of this complaint: 

______ are still being committed by defehdant. 

are no longer being committed by defendant. 

C. defendant may still be committing the acts. 

11. Plaintiff attaches to this complaint a copy of the charges filed with the Equal 

Employment Opportunity Commission which charges are submitted as a brief statement 

of the facts supporting this complaint: WHEREFORE, Plaintiff prays that the Court 

grant the following relief to the plaintiff: 

Defendant be directed to employ plaintiff. 

Defendant be directed to re-employ plaintiff. 

C. Defendant be directed to promote plaintiff. 

d. v Defendant be directed to I I 5DO)DOO and that the 

Court giant such relief as may be appropriate, including injunctive orders, 

damages, costs and attorney's fees4 CtAG( \vcJ lot1 Iujt1 

DOCI.J1NT SC.AITh1ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 12 of 46
EEOC Form 151 (III6) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

DISMISSAL AND NOTICE OF RIGHTS 

To: AzizA. Alden 

8003 Palmetto Place 

San Antonio, TX 78254 

Froni San Antonio Field Office 

5410 Fredericksburg Rd 

Suite 200 

San Antonio, TX 78229 

On behalf of person(s) aggrieved whose identity is 

CONFIDENTIAL (29 CFR §1601.7(a)) 

EEOC Charge No. EEOC Representalive 

- Telephone No. 

451-2019-03980 Maribel Rosales, Investigator (210) 281-7645 

I I-It ttOC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: 

The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. 

ED Your allegations did not involve a disability as defined by the Americans With Disabilities Act. 

- - --.- . - 

- 

The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. 

EJ Your charge was not timely riled with EEOC; in other words, you waited too long after the date(s) of the alleged 

discrimination to file your charge 

The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to Conclude that the 

information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with 

the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge. 

The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge. 

Other (briefly state) 

- NOTICE OF SUIT RIGHTS - 

(See the aqditional informationattached to this form.) 

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age 

Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. 

You may file a lawsuit against the. respondent(s) under federal law based on this charge in federal or state court. Your 

lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice;or your right to sue based on this charge will be 

lost. (The time limit for filing suit based on a claim under state law may be different.) 

Equal Pay Act (EPA): EPA suits must be fiLed in federal or state courtwithin.2-years-(3-years,for-wiliful-vii5ratian)—of-th-e--~ 

alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) 

before you file suit may not be collectible. 

Onbe ç

or 

nmission 

Enclosures(s) 

Travis G. Hicks, Director 

cc: WELLS FARGO BANK 

Tammy Bailey 

Administrative Assistant 

3570 Sw Military Drive 

San Antonio, TX 78211 

/0/31 /?-c:' 

(Date Mailed) 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 13 of 46
Agency(ies} Charge 

CHARGE OF DISCRIMINATION charge Presented To: 

This form is affected by the Prlvacy Act of 1974. See enclosed Privacy Act FEPA 

Statement and other Information before completing this form. 

EEOC 451-2019-03980 

TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION —anEEOC. 

State or/oca/Agency. ((any 

Name (indicate Mr., Ms., Mit) Home Phone Year of Birth 

MR. AZIZ A ALDEN 1 (210) 577-0182 . 1979 

Street Address City. State and ZIP Code 

8003 PALMETTO PLACE, SAN ANTONIO, TX 78254 

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency 

That I Believe Discriminated Against Me or Others. (/1 more than two, list under PART/COLA AS be/ow.) 

Name No. Employees, Members Phone No. 

WELLS FARGO BANK 1 

501+ 

Street Address City. State and ZIP Code 

3570 SW MILITARY DRIVE, SAN ANTONIO, TX 78211 

Name . No. Employees, Members Phone No. 

Street Address City, State and ZIP Code 

DISCRIMINAI1ON BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINA11ON TOOK PLACE 

Earliest Latest 

RACE COLOR SEX RELIGION NATiONAL ORIGIN 04-10-2019 10-22-2019 

[K] ] RETALIATION AGE DISABILITY [] GENETIC INFORMATION [ flOTHER (Specify) 11191 CONTINUING ACTION 

THE PARTICULARS ARE (/fadditiona/paperis needed, attach extra sheet(s)?: 

I BEGAN EMPLOYMENT AT THE ABOVE LISTED RESPONDENT IN APRIL 2007 AS A PART-TIME TELLER. 

AROUND 2008, I BECAME A FULL-TIME BANKER AND IN 2016 I WAS PROMOTED TO SERVICE MANAGER. 

AROUND APRIL 2019, I APPLIED FOR THE BRANCH MANAGER POSITIONS I AND II AS WELL AS THE 

SERVICE MANAGER POSITION, AS A LATERAL MOVE. I WENT ThROUGH AN INTERVIEW PANEL WITH ONE 

OF THE MEMBERS BEING MY EX-PARTNER. ALThOUGH THEY HAD SEVERAL VACANCIES FOR ALL THREE 

POSITIONS, THEY ONLY HIRED ONE PERSON FOR THE MANAGER I POSITION, KLINTON WERTH, AND 

IMMEDIATELY AFTER THAT, THE OTHER TWO POSITIONS WERE CANCELLED. A WEEK LATER, I REAPPLIED 

FOR THE MANAGER II POSITION AFTER it REOPENED; NEVERTHELESS,. FIVE MONThS LATER, I WAS 

INFORMED VIA EMAIL I WAS NOT SELECTED FOR THE POSITION BECAUSE THEY HAD BElIER 

CANDIDATES, AND INSTEAD THEY HIRED ABBY ULN. THESE TWO INDIVIDUALS WHO WERE PROMOTED 

ARE CAUCASIAN, STRAIGHT AND UNDER 40. 

I FOUND OUT LATER THAT I HAD NOT BEEN GIVEN THE POSITION BECAUSE JOE ATKINSON, REGIONAL 

I want this charge filed with both the EEOC and the State or local Agency, NOTARY - When necessaiy for State and Loca/Agency ReQuirements 

if any. I will advise the agencies if I change my address or phone number 

and I will cooperate fully with them in the processing of my charge in 

accordance with their procedures. I swear or affirm that I have read the above charge and that it 

I declare under penalty of perjury that the above is true and correct, is true to the best of my knowledge. Information and belief. 

SIGNATURE OF COMPLAINANT 

DIgitally sIgned by AzIz Alden on 10-22-2019 10:57 AM EDT SUBSCRIBED AND,1SWORN TO BEFORE ME ThIS DATE 

DOCUMENT SCAN14ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 14 of 46
CCUL Twill 

CHARGE OF DISCRIMINATION C harge Presented To: 

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA 

Statement and other information before completing this form. El EEOC 451-2019-03980 

TEXAS WORKFORCE COMMISSION CIVIL RIGHTS DIVISION and EEOC 

State or/oca/Agency. ft any 

BANK PRESIDENT, INDICATED THAT I WOULD NOT BE ABLE TO WORK FOR MY EXPARTNER, DUE TO OUR 

PAST RELATIONSHIP, EVEN THOUGH I WORK UNDER HIM BEFORE AND NOW WITH NO ISSUES. 

ON OR ABOUT AUGUST 19, 2019, I RAISED MY CONCERNS WITH MICHELLE LEE, BANK PRESIDENT, IN 

REGARD TO ThE ABOVE MATTERS, HOWEVER, TO THIS DATE, NOThING HAS BEEN DONE ABOUT IT. 

I BELIEVE I HAVE BEEN DISCRIMINATED AGAINST BECAUSE OF MY RACE, COLOR AND NATIONAL ORIGIN, 

MIDDLE EASTERN AND BECAUSE OF MY SEXUAL ORIENTATION/GAY MALE, IN VIOLATION OF TITLE VII OF 

THE CIVIL RIGHTS ACT OF 1964, AS AMENDED; AND BECAUSE OF MY AGE/40, IN VIOLATION OF THE AGE 

DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED. 

want this charge filed with both the EEOC and the State or local Agency, 

if any. I will advise the agencies if I change my address or phone number 

and I will cooperate fully with them in the processing of my charge in 

accordance with their procedures. 

NOTARY - When necessae'y for State and Loca/Agency Requirements, 

I swear or affirm that I have read the above charge and that it 

I declare under penalty of perjury that the above is true and correct. is trye to the best of my knowledge, information and belief. 

SIGNATURE OF COMPLAINANT 

Digitally signed by AzIz Alden on 10-22-2019 10:57 AM EDT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE 

(mont/, day, yea,) 

DOCUMENT SCAN14ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 15 of 46
CP Enclosure with EEOC Form 5 (11/09) 

PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to 

request personal data and its uses are: 

FORM NUMBER/TritE/DATE. EEOC Form 5, Charge of Discrimination (11/09). 

AumoRrrY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626. 42 U.S.C. 12117, 42 U.S.C. 

2 000ff-6. 

PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise 

reduced to writing (whether later recorded on this form or not) are, as applicable 

under the EEOC anti-discrimination statutes (EEOC statutes), to preserve private suit 

rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dualfiling or referral arrangements exist, to begin state or local proceedings. 

ROUTINE USES. This form is used to provide facts that may establish the existence 

of matters covered by the EEOC statutes (and as applicable, other federal, state or 

local laws). Information given will be used by staff to guide its mediation and 

investigation efforts and, as applicable, to determine, conciliate and litigate claims of 

unlawful discrimination. This form may be presented to or disclosed to other federal, 

state or local agencies as appropriate or necessary in carrying out EEOC's functions. 

A copy of this charge will ordinarily be sent to the respondent organization against 

which the charge is made. 

WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must 

be reduced to writing and should identify the charging and responding parties and the 

actions or policies complained of. Without a written charge, EEOC will ordinarily not 

act on the complaint. Charges under Title VII, the ADA or GINA must be sworn to or 

affirmed (either by using this form or by presenting a notarized statement or unsworn 

declaration under penalty of perjury); charges under the ADEA should ordinarily be 

signed. Charges may be clarifiedor amplified later by amendment. It is not 

mandatory that this form be used to make a charge. 

NOTICE OF RIGHTTO REQuEST SUBSTANTIAL WEIGHT REVIEW 

Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dualfiles charges with EEOC will ordinarily be handled first by the FEPA. Some charges 

filed at EEOC may also be first handled by a FEPA under worksharing agreements. 

You will be told which agency will handle your charge. When the FEPA is the first to 

handle the charge, it will notify you of its final resolution of the matter. Then, if you 

wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must 

ask us in writing to do so within 15 days of your receipt of its findings. Otherwise, we 

will ordinarily adopt the FEPA's finding and close our file on the charge. 

NOTICE OF NON-RETALIATION REQUIREMENTS 

Please notify EEOC or the state or local agency where you filed your charge if 

retaliation is taken against you or others who oppose discrimination or cooperate in 

any investigation or lawsuit Concerning this charge. Under Section 704(a) of Title VII, 

Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA, it is 

unlawful for an employerto discriminate against present or former employees or job 

applicants, for an employment agencyto discriminate against anyone, or for a un/on 

to discriminate against its members or membership applicants, because they have 

opposed any practice made unlawful by the statutes, or because they have made a 

charge, testified, assisted, or participated in any manner in an investigation, 

DOCUMENT SCAN}1ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 16 of 46
proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and 

Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with 

anyone for exercising or enjoying, or aiding or encouraging others in their exercise or 

enjoyment of, rights under the Act. 

DOCUMENT SCAN}1ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 17 of 46
iii vi 

2020C1009@4 

2020-C 1-00904 

045TH JUDICIAL DISTRICT COURT 

AZIZ A ALDEN US UELLS FARGO r 

Pro Se Acknowledgement DATE FILED: 01/1512020 t 

Cause Number:__________________________ 

I have received, read and understand all of the Pro Se Hearing Guidelines. I agree to 

abide by these guidelihes and understand that my failure to do so may result in adverse 

action against me, that I may be asked to leave the Courtioom, or that I may not receive 

the relief I am seeking. 

If the opposing party will sign a Waiver of Citation, it is only valid if the notarized 

signature is dated at least one (1) day after the date the Original Petition for Divorce is 

filed. 

If I am filing for a divorce or for a change in custody, and my sppuse and I care for. 

minor-age children, I will take the required class, "Helping Children Cope with 

Divorce", before aking the court to enter a final Order or Decree: I understand that my 

divorce will not be granted without presenting the certificate of completion. 

I understand that I may hire an attorney to represent me or, if I meet certain requirements, 

I may be entitled to free counsel. By choosing to voluntarily represent myself, I am now 

proceeding Pro Se. I will receive no special favors, assistance, or advice from the Judge, 

judicial staff, or clerks as they cannot and do not represent either party in the litigation. I 

will be expected to comply with ptll relevant ridS of procedural, evidentiary, and 

substantive law. I understand that the filing and service fees are not refundable under any 

circumstance. 

— - /'~ 

Signatur of Pro Se Litigant 

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DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 18 of 46
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2020C100904 —P00004 

FEE PMD 

MARY ANGIE GARCIA 

Bexar County District Clerk 

Request for Process 

Style: RAIn Vs. 

Request the following process: (Please check all that Apply) 

£31fitation 0 Notice 0 Temporary Restraining Order 0 Notice of Application for Protective 

LJTemporary Protective Order 0 Precept with hearing OPrecept without a hearing DWrit of 

flWrit of Habeas Corpus 0 Writ of Garnishment DWrit of Sequestration DCapias 0 Other: 

CauseNumber: 20ttY2_10074 

District Court: Ct/S 

Name: 

Registered Agent/By 

Address LID 

A. p44kAs6A 

51 2 

Service T ( eck One) D,privote Process ' Sheriff OCon,n,issioner of Insurance [J £4 Express News flHart Beat flCourthouse Door 

Mtified Mail 0 Registered Mail Liout of County Eli Secretary of StoLe 0 Conslable Pcl_ 

(Pet 3 serves process countywide) 

Name: 

Registered Agent/By Serving: 

Address 

Service Type: (Check One) D,Private Process 0 Sheriff 0 Con,n,issioner of Insurance 0 £4 £vpress News Hart Beat 0 Courthouse Door 

DCertified Mail Eli Registered Mail LI Out of County 0 Secretary of State 0 Constable Pct_ 

Name: 

Registered Agent/By Serving: 

Address 

Service Type: (Check One) DPrivate Process 0 Sheriff 0 Conunissioner of Insurance 0 SA Evpress News Hart seatl:J CourthouseDoor 

Certified Mail 0 Reqistered Mail Eli Out of County 0 Secretary of State Ci Constable Pet 

(Pet 3 serves process countywide) 

Name: 

Registered Agent/By Serving: 

Address 

Service Type: (Check One) Dprivote Process 0 Sheriff 0 Commissioner of Insurance DSA Express News 0 Hart BeatD Courthouse Door 

0 Certified Mail 0 Registered Mail DOut of County 0 Secretary of State 0 Constable Pct_ 

(Pet 3 sen'es process countywide) 

Title of Document/Pleading to be Attached to Process:________________________________________________ 

Name of Attorney/Pro se: Pl2a't fri/Jet'? Bar Number: 

Address: Qo3 jP.q /// kWa.ce Phone Number: Z,v 0/ 

Ski -i;- i?i/ 

Attorney for Plaintiff ____________ Defendant ________ 40 S 

f****jp SERVICE IS NOT PICKED UP WITHIN 14 BUSINESS DAYS, SERVICE WILL BE DESTROYED ****J 

(PcI. 3 serves process countywide) 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 19 of 46
CERTIFIED HAIL #70181830000041615940 liii RR u 

Case Number: 2020-Cl -00904 20200100904 S00001 

AZIZ A ALDEN 

IN THE DISTRICT COURT 

45th JUDICIAL DISTRICT 

WELLS FARGO BEXAR COUNTY, TEXAS 

(Note: Attached document may contain additional litigants). CITATION 

"THE STATE OF TEXAS" 

DIRECTED TO: WELLS FARGO 

BY SERVING JOE A ATKINSON 

40 NE LOOP 410, FLOOR 02 201 

SAN ANTONIO TX 78216-5828 

"You have been sued. You may employ an attorney. If you or your attorney do not file a 

written answer with the clerk who issued this citation by 10:00 am. on the Monday next 

following the expiration of twenty days after you were served this CITATION and , a 

default judgment may be taken against you." Said CITATION with was filed on the 15th 

day of January, 2020. 

ISSUED UNDER MY HAND AND SEAL OF SAID COURT ON THIS 3RD DAY OF March A.D. , 2020 

Mary Angie Garcia 

AZIZ A ALDEN Bexar County District Clerk 

ATTORNEY FOR PROPIA PERSONA 101 W. Nueva, Suite 217 

8003 PALMETTO PLACE San Antonio, Texas 78205 

SAN ANTONIO, TX 78254 40 

By:flCeaiufraJoIinson,Deputy 

AZIZ A ALDEN Officer's Return case Number: 2020-cI-00904 

vs Court: 45th Judicial District Court 

WELLS FARGO 

Came to hand 

to: 

ANTONIO TX 78216-5828 a true copy of this 

delivery, together with the accompanying cop 

A.D., at 9:25 o'clock A.M. and EXECUTED (NOT 

- day of 20 , by delivering 

at 40 NE LOOP 410, FLOOR 02 201 SAN 

Citation, upon which I endorsed that date of 

v of the CITATION with 

EXECUTED) by _____ 

on the 3rd day of March 2020 

CERTIFIED MAIL, on the _____ 

Cause of failure to execute this Citation is 

Mary Angie Garcia 

Clerk of the District Courts 

of Bexar County, TX 

By:fl(e)antfraJoIinson, Deputy 

FILE COPY (0K003) 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 20 of 46
uvi racrt iii 

Case Number: 2020-CI-00904 2020C100904 500001 

CERTIFIED MAIL #70181830000041615940 

4 

AZIZ A ALDEN 

vs IN THE DISTRICT COURT 

45th JUDICIAL DISTRICT 

WELLS FARGO BEXAR COUNTY, TEXAS 

(Note: Attached document may contain additional litigants). CITATION 

"THE STATE OF TEXAS" 

DIRECTED TO: WELLS FARGO 

BY SERVING JOE A ATKINSON 

40 NE LOOP 410, FLOOR 02 201 

SAN ANTONIO TX 78216-5828 

"You have been sued. You may employ an attorney. If you or your 

written answer with the clerk who issued this Citation by 10:00 

following the expiration of twenty days after you were served 

default judgment may be taken against you." Said CITATION with 

day of January, 2020. 

attorney do not file a 

.m. on the Monday next 

his CITATION and , a 

was filed on the 15th 

ISSUED UNDER MY HAND AND SEAL OF SAID COURT ON THIS 3RD DAY OF March AD., 2020. 

Bexar County District Clerk 

ATTORNEY FOR PROPIA PERSONA 101 W. Nueva, Suite 217 

AZIZ A ALDEN 

Mary Angie Garcia 

8003 PALMETTO PLACE 

• 

SAN ANTONIO, TX 78254 

San Antonio, Texas 78205 

By :141e,cancfra Johnson, Deputy 

AZIZ A ALDEN Officer's Return Case Number: 2028-CI-e0984 

vs Court: 45th Judicial District Court 

WELLS FARGO 

Came to hand on the 3rd day of March 2020, A.D. , at 9:25 o'clock A.M. and EXECUTED 

CERTIFIED MAIL, on the _______ day of 20 , by delivering 

to. _____________________________________ at 40 NE LOOP 410, FLOOR 02 201 SAN 

ANTONIO TX 78216-5828 a true copy of this Citation, upon which I endorsed that date of 

delivery, together with the accompanying copy of the CITATION with 

Cause of failure to execute this Citation is ReAla ci 

0 PILED 

L 

MAR 10 2020 iflrGM 

9L 

DOCUMENT 

Mary Angie Garcia 

Clerk of the District Courts 

of Bexar County, TX 

By :ft(e,candra Johnson, Deputy 

RETURN TO COURT (DKO03) 

SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 21 of 46
Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 22 of 46
CERTIFIED MAIL #70181830000041615940 Uk 

Case Number: 2020-Cl -00904 2020C100904 S0000i 

AZIZ A ALDEN 

vs IN THE DISTRICT COURT 

45th JUDICIAL DISTRICT 

WELLS FARGO BEXAR COUNTY, TEXAS 

(Note: Attached document may contain additional litigants). CITATION 

"THE STATE OF TEXAS" 

DIRECTED TO: WELLS FARGO 

BY SERVING JOE A ATKINSON 

40 NE LOOP 410, FLOOR 02 201 

SAN ANTONIO TX 78216-5828 

"You have been sued. You may employ an attorney. If you or your attorney do not file a 

written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next 

following the expiration of twenty days after you were served this CITATION and , a 

default judgment may be taken against you." Said CITATION with was filed on the 15th 

day of January, 2020. 

ISSUED UNDER MY HAND AND SEAL OF SAID COURT ON THIS 3RD DAY OF March A.D. , 2020. 

Mary Angie Garcia 

AZIZ A ALDEN . Bexar County District Clerk 

ATTORNEY FOR PROPIA PERSONA 101 W. Nueva, Suite 217 

8003 PALMETTO PLACE - San Antonio. Texas 78205 

SAN ANTONIO, TX 78254 

By :f4(e)antira Jo/i n.son, Deputy 

AZIZ A ALDEN Officer's Return Case Number: 2020-cI-09984 

vs Court: 45th Judicial District Court 

WELLS FARGO 

Came to hand on the 3rd day of March 2020, A.D. , at 9:25 o'clock A.M. and EXECUTED (NOT 

EXECUTED) by CERTIFIED MAIL, on the _______ day of 20 , by delivering 

to: at 40 NE LOOP 410, FLOOR 02 201 SAN 

ANTONIO TX 78216-5828 a true copy of this Citation, upon which I endorsed that date of 

delivery, together with the accompanying copy of the CITATION with 

Cause of failure to execute this Citation is 

Mary Angie Garcia 

Clerk of the District Courts 

of Bexar County, TX 

By :fi(etandra Johnson, Deputy 

ORIGINAL (DKOOS) 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 23 of 46
2O2904 

045TH JUDICIAL DISTRICT COURT 

RZIZ A ALDEN VS UELLS FARGO : 

DAJE. JILED: 01/I5/2020. - 

2e20CIS9904 -P00091 

3, 

Mr. Azi'z A A(dg.4 

oo3 ØA(SA.ACKO IACC 

Case Number: 

5A.'6t. : -izcq 

Name of Plaintiff(s) . . 

co o ca 

vs 

C 

-o - Cr 

cnC 

n 

ICZ 

. 

Cr 

. 

0 

Name of Defendant(s) . . 

COMPLAINT UNDER TITLE VII OF THE Clvi RIGHTS ACT OF 1964 

Note: If plaintiff is alleging employment discrimination based on race or color, please also see 42:U.S.C. 1981 

1. This action is brought pursuant to Title VII of the Civil Rights Act of 1964 for 

employment discrimination. Jurisdiction is specifically conferred on the court by 42 

U.S.C. 2000e-5. Equitable and other relief are also sought under 42 U.S.C. 2000e-5(g). 

2.. Plaintiff, . A. , is a citizen of the United States 

(name of plaintiff) 

and resides at 0003 U4/1MdIb tP/4 . Q 

(street address) (city) 

V3erar . 

(county) . (state) (zip) (telephone) 

DOCUMENT SCANNED AS FILED 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 24 of 46
4. 

Defendant, [Ah 113 4' b , resides at, or its business is 

(nameof defendant) 

located at 35) 4L4jt hf%1⁄4x ., S21 4k-/lo 

(street address) j (city) 

cyar. , , iä'ti/ , z,o57,-/YS' 

(county) (tate) (zip) (telephone) 

Plaintiff soughtemployment from the defendant or was employed by the defendant 

at 1510 'ui /vf;/4ti 11c10 

(street addres) (city) 

8eroy 

(county) (stale) (zip) 

Defendant discriminated against plaintiff in the manner indicated in paragraphs 9 and 10 

of the complaint on or about /IpnI ID 2 z)/1 

(month, day, year) 

Plaintiff filed charges against the defendant with the Equal Employment Opportunity 

Commission charging defendant with the acts of discrimination indicated in paragraphs 

9 and 10 of this complaint on or about eb+bec zz 

(month, day, year) 

The Equal Employment Commissi i or spued a Notice of Right to Sue which was 

receiyed by plaintiff on Oct 11e( 31 j / c7 

(month day, 

DOCUMENT SCANNED AS FILED 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 25 of 46
C? 

8. Becuse of plaintiff's (1) /'race, (2) / color, (3) L/' sexq / k 

(4) _ national origin, defendant: 

failed to employ plaintiff. 

terminated plaintiff s employment. 

C. failed to promote plaintiff. 

d. / Other 

Ml 

9. The circumstances under which the defendant discriminated against plaintiff were as 

follows: 

.4/ 

r 

I4A( 4fl4f 

pflMJ 

hAvC /4%A( . yw&c As v-I1ets -j&tt-/ a,QeE 

6

(-J4ce o4e5t 1rZ ce 1s a..v o fe1 i4JtAC gt.4,41 

I\A ies4tjq41OCth 1T S 4A1fl344t Akçm j /b i4'kc/ Po Icy 

DOCUMENT SCANNED AS FILE 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 26 of 46
10. The acts set forth in paragraph 9 of this complaint: 

_____ are still being committed by defehdant. 

are no longer being committed by defendant. 

C. defendant may still be committing the acts. 

II. Plaintiff attaches to this complaint a copy of the charges filed with the Equal 

Employment Opportunity Commission which charges are submitted as a brief statement 

of the facts supporting this complaint: WHEREFORE, Plaintiff prays that the Court 

grant the following relief to the paintiff: 

Defendant be directed to employ plaintiff. 

Defendant be directed to re-employ plaintiff. 

C. _____ Defendant be directed to promote plaintiff. 

d. t.- Defendant be directed to 1 )500) ØQL) and that the 

Court grant such relief as may be appropriate, incLuding injunctive orders, 

damages, costs and attorney's fees4 . 

lot, itsJtf 

J'z ~ /& i, Pro I 8a;A" 

gAature of Plaintiff) 

DOCUMENT SCANNED AS FILED 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 27 of 46
.EEOCFOtnIGI(IIIl6) U.S. EQUAL EMPLOYMENT OPPORTUNITY CMMISSION 

DISMISSAL AND NOTICE OF RIGHTS 

To: AZ1ZA. Alden . . From San Antonio Field OffiCE 

8003 Palmetto Place 

. 5410 Fredericksburg Rd 

San Antonio, TX 78254 Suite 200 

San Antonio, TX 78229 

On behalf of person(s) aggrieved whose identity is 

CONFIDENTIAL (29 CFR §1601.7(a)) 

EEOC Charge No. EEOC Representa6ve - Telephone No. 

451 .201 9.03980 Maribel Rosales, Investiqator (210) 281.7645 

lilt ttUC IS CLOSING ITS FILE ON THIS CHARGE FOR THE FOLLOWING REASON: 

LII -The facts alleged in the charge fail to state a claim under any of the statutes enforced by the EEOC. 

Your allegations did not involve a disability as defined by the Americans With Disabilities Act. 

The Respondent employs less than the required number of employees or is not otherwise covered by the statutes. 

Your charge was not timely filed with EEOC: in other words, you waited too long after the date(s) of the alleged 

- discrimination to file your charge 

E1 The EEOC issues the following determination: Based upon its investigation, the EEOC is unable to condude that the 

information obtained establishes violations of the statutes. This does not certify that the respondent is in compliance with 

the statutes. No finding is made as to any other issues that might be construed as having been raised by this charge. 

The EEOC has adopted the findings of the state or local fair employment practices agency that investigated this charge. 

Other (briefly state) 

NOTICE OF SUIT RIGHTS. 

(See the additional Informattonattached to this form.) 

Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age 

Discrimination in Employment Act: This will be the only notice of dismissal and of your right to sue that we will send you. 

You may file a lawsuit against the.respondent(s) under federal law based on this charge in federal or state court. Your 

lawsuit must be filed WITHIN 90 DAYS of your receipt of this notice;or your right to sue based on this charge will be 

lost. (The lime limit for filing suit based on a claim under state law may be different.) 

Equal Pay Act (EPA): EPA suits must be filed in federal or 

alleged EPA underpayment. This means that backpay due for any violations that occurred more than 2 years (3 years) 

before you file suit may not be collectible. 

Cleze 

 Onbe cçmission 

Endosuress 

1(01 Travis G. Hicks, Director 

cc: WELLS FARGO BANK 

Tammy Bailey 

Administrative Assistant 

3570 Sw Military Drive 

San Antonio, TX 78211 

DOCUMENT SCANNED AS FILED 

DOCUMENT SCANNED AS FILED 

/0/31 /?ci' 

(Dale Mailed) 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 28 of 46
CHARGE DISCRIMINATION Charge Presented To: OF 

ThIsform is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA 

Statement and other Information before completing this (arm. 

EEOC ç451-2019-03980 

TEXAS WORKFORCE COMMISSIONCIVIL RIGHTS DIVISION —..anjEEOC, 

State or Iota/Agency. if any 

Name (ind/care Mr.. Ms., MIS.) Home Phone Year of Birth 

MR. AZIZ A ALDEN 1 (210) 577-0182 . 1979 

Street Address City. State and ZIP Code 

8003 PALMETTO PLACE, SAN ANTONIO, TX 78254 

Named Is the Employer. Labor OrganIzation, Employment Agency, Apprenticeship Committee, or State or Local Government Agency 

That I Believe Discriminated Against Me or Others. (If more than two, fist under,PARTICULARS be/ow.) 

Name No. Employees. Member, Phone No. 

WELLS FARGO BANK 501+ 

Street Address City. State and ZIP Code 

3570 SW MILITARY DRIVE, SAN ANTONIO, TX 78211 

Name , . . . No. Employees, Memben 

J 

Phone No. 

Street Address City, State and ZIP Code 

DISCRIMINATION BASED ON (Check appropriate box/ni.) DATE(S) DISCRIMINATION TOOK PLACE 

Earliest Latest 

RACE COLOR IK SEX REUGION I=AV I NATIONAL ORiGIN 04-10-2019 10-22-2019 

RETALIATION [j] AGE [TI DISABILITY [] GENETIC INFORMATION 

D OTHER (Specify) 

. [] CONTINUING ACTION 

THE PARTICULARS ARE f/f additional paper is needed, attach extra the er/sD: 

I BEGAN EMPLOYMENT AT THE ABOVE LISTED RESPONDENT IN APRIL 2007 AS A PART-TiME TELLER. 

AROUND 2008, I BECAME A FULL-TIME BANKER AND IN 20161 WAS PROMOTED TO SERVICE MANAGER. 

AROUND APRIL 2019, I APPLIED FOR THE BRANCH MANAGER POSITIONS I AND IIAS WELL AS THE 

SERVICE MANAGER POSI11ON, AS A LATEftAL MOVE. I WENT THROUGH AN INTERVIEW PANEL WITH ONE 

OF THE MEMBERS BEING MY EX-PARTNER. ALThOUGH THEY HAD SEVERAL VACANCIES FOR ALL THREE 

POSITIONS, THEY ONLY HIRED ONE PERSON FOR THE MANAGER I poSmoN, KLINTON WERTH, AND 

IMMEDIATELY AFTER THAT, THE OTHER TWO POSITIONS WERE CANCELLED. A WEEK LATER, I REAPPLIED 

FOR THE MANAGER II POSON AFTER IT REOPENED; NEVERTHELESS,. FIVE MONThS LATER, I WAS 

INFORMED VIA EMAIL I WAS NOT SELECTED FOR THE POSITION BECAUSE THEY HAD BE17ER 

CANDIDATES, AND INSTEAD THEY HIRED ABBY ULN. ThESE TWO INDIVIDUALS WHO WERE PROMOTED 

ARE CAUCASIAN, STRAIGHT AND UNDER 40. 

I FOUND OW' LATER THAT I HAD NOT BEEN GIVEN THE POSITiON BECAUSE JOE ATKiNSON, REGIONAL 

I want this charge filed with both the EEOC and the State or local Agency. NOTARY - When necessary for State and Iota/Agency ReQuirements 

if any. I will advise the agencies if I change my address or phone number 

and I will cooperate fully with them in the processing of my charge in 

accordance with their procedures. I swear or affirm that I have read the above charge and that it 

is true to the best of my knowledge. InformatIon and belier. I declare under penalty of perjury that the above is true and correct. 

SIGNATURE OF COMPLAINANT 

DIgItally sIgned by A21z Alden on 10-22-2019 10:57 AM EDT SWORN TO BEFORE ME THIS DATE SUBSCRIBED AND 

DOCUMENT SCAtWED AS FILED 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 29 of 46
FFnr Fnzm S 111)09) 

CHARGE OF DISCRIMINATION 

Thisform is affected by the Privacy Act of 1974. See enclosed Privacy Act 

Statement and other information before completing this form. 

TEXAS WORKFORCE COMM 

Charge Presented To: Mye.Icyues/ .IIOF9t 

No(s): 

U FEPA 

nX EEOC 451-2019-03980 

CIVIL RIGHTS DIVISION and EEOC 

BANK PRESIDENTS INDICATED THAT I WOULD NOT BE ABLE TO WORK FOR MY EXJARTNER, DUE TO OUR 

PAST RELATIONSHIP, EVEN THOUGH I WORK UNDER HIM BEFORE AND NOW WITH NO ISSUES. 

ON OR ABOUT AUGUST 19, 2019, I RAISED MY CONCERNS WITH MICHELLE LEE, BANK PRESIDENT, IN 

REGARD TO THE ABOVE MATTERS, HOWEVER, TO THIS DATE, NOThING HAS BEEN DONE ABOUT It. 

I BELIEVE I HAVE BEEN DISCRIMINATED AGAINST BECAUSE OF MY RACE, COLOR AND NATIONAL ORIGIN, 

MIDDLE EASTERN AND BECAUSE OF MY SEXUAL ORIENTATION/GAY MALE, IN VIOLATION OF TIRE VII OF 

THE CIVIL RIGHTS ACT OF 1964, AS AMENDED; AND BECAUSE OF MY AGE/40, IN VIOLATiON OF THE AGE 

DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED. 

I want this charge filed with both the EEOC and the State or local Agency. 

if any. I will advise the agencies if I change my address or phone number 

and I will cooperate fully with them in the processing of my charge in 

accordance with their procedures. 

NOTARY - When necessary for State ono'toca/Agency Requirements 

I swear or affirm that I have read the above charge and that it 

is true to the best of my knowledge, information and belief. I declare under penalty of perjury that the above is true and correct. 

SIGNATURE OF COMPlAINANT 

Digitally sIgned by AzIz Alden on 10-22-2019 10:57 AM EDT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE 

(month aay, yeael 

DOCUMENT SCAIThED AS FILED 

DOCUMENT SCAN14ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 30 of 46
CP Enclosure with EEOC Form S (11/09) 

PRIVAcYACTSTATEMENT Under the Privacy Act of 1974. Pub. Law 93-579, authority to 

request personal data and its uses are: 

FORM NuMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09). 

2. AUTHORrFY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 

2 000ff-6. 

3, PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise. 

reduced to writing (whether later recorded on this form or not) are, as applicable 

under the EEOC anti-discrimination statutes (EEOC statutes), to preserve private suit 

rights under the EEOC statutes, to invoke the EEOC's jurisdiction and, where dualfiling or referral arrangements exist, to begin state or local proceedings. 

Rou-nNE UsEs. This form is used to provide facts that may establish the existence 

of matters covered by the EEOC statutes (and as applicable, other federal, state or 

local laws). Information given will be used by staff to guide its mediation and 

investigation efforts and, as applicable, to determine, conciliate and litigate claims of 

unlawful discrimination. This form may be presented to or disclosed to other federal, 

state or local agencies as appropriate or necessary in carrying out EEOC's functions. 

A copy of this charge will ordinarily be sent to the respondent organization against 

which the charge is made. 

WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GivING INFORMA11ON. Charges must 

be reduced to writing and should identify the charging and responding parties and the 

actions or policies complained of. Without a written charge. EEOC will ordinarily not 

act on the complaint. Charges under Title VII, the ADA or GINA must be sworn to or 

affirmed (either by using this form or by presenting a notarized statement or unsworn 

declaration under penalty of perjury); charges under the ADEA should ordinarily be 

signed. Charges may be clarifiedor amplified later by amendment. It is not. 

mandatory that this form be used to make a charge. 

NOTICE OF RIGHT TO REQuEST SUBSTANTIAL WEIGHT REvIEw 

Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dualfiles charges with EEOC will ordinarily be handled first by the FEPA. Some charges 

filed at EEOC may also be first handled by a FEPA under worksharing agreements. 

You will be told which agency will handle your charge. When the FEPA is the first to 

handle the charge, it will notify you of its final resolution of the matter. Then, if you 

wish EEOC to give Substantial Weight Review to the FEPA's final findings, you must 

ask us in writing to do so within 15 days of your.receipt of its findings. Otherwise, we 

will ordinarily adopt the FEPA's finding and close our file on the charge. 

NolicE or N0N-RETAUAnON REQUIREMENTS 

Please notify EEOC or the state or local agency where you filed your charge If 

retaliation is taken against you or others who oppose discrimination or cooperate in 

any investigation or lawsuit concerning this charge. Under Section 704(a) of Title VII, 

Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA, it is 

unlawful for an ernployerto discriminate against present or former employees or job 

applicants, for an employment agency to discriminate against anyone, or for a union 

to discriminateagainst its members or membership applicants, because they have 

opposed any practice made unlawful by the statutes, or because they have made a 

charge, testified, assisted, or participated in any manner in an investigation, 

DOCUMENT SCANNED AS FILED 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 31 of 46
proceeding, or hearing under the laws. The Equal Pay Act has similar provisions and 

Section 503(b) of the ADA prohibits coercion, intimidation, threats or interference with 

anyone for exercising or enjoying, or aiding or encouraging others in their exercise or 

enjoyment of, rights under the Act. 

DOCIJHENT SCANNED AS FILED 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 32 of 46
ff411tIJ!4'Iiffli . 

U.S. PO&AGE>>prrt€y eows 

If r 

In- - 

'fl ' flhi'"9" ll 02 ZIP 78204 $ 007.050 

R Co.ILY4S I I IIIIIilI iRICT C1ETh A O00035934.q14 04 2020 

Mary Angie Garcia 7018 1830 0000 4161 5940 - 

Bexar County District Clerk 2020 ?IAW IO1P1 9 46 

101W. Nueva, Suite 217 

N 

ELLS FARGO

San Antonio, Texas 78205 Y SERUThS JOE A ATKINSON DEPUTY 

0 NE LOOP 410, FLOOR 02 201 

RETURN SERVICE REQUESTED 'SAM ANTONIO, IX 7821 8-5B8 

' g e rj'o15 C 

NIXIE 782 DE 3. 0tO4/09/Z0 Ii 

A RETURN TO SENDER 

REFUSED 

UNABLE TO FOR WARD I 

REF BC: 75205341167 1993-09965-04-43 

- il!P!I!IuIhIl!!HIIhhuli?!1!IJhuII!Jlh1I9i 1 

DOCUMENT SCANNED AS FILED - 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 33 of 46
.4 

-- ....----------- : tfl.pt.i 

liii :w.DJ&liegatSt:Ik.Sfl*ht'7w IDliYd:astpt;Il.SIINI(.1s'flIswbIpwsIr 

Completeltemsl,2,anda A Signature 

Print your name and address on the reverse x 

0 Agent 

so that we can return the card to you. 0 Addressee 

Attach this card to the back of the mailpiece, B. Received by (Pfinted Name) C. Date of Delivery 

or on the front it waco DerrflitS. 

1 FLLSFAR3o 

Y SERVING JOE A ATKINSON 

400E LOOP 410, FLOOR 02201 

SUFNToNIo, IX 78218-5828 

,1Iug nddress different from Item 1? Li Ye 

Ielivery address below: D No 

2BVAgØ4 3/3i202o ci FCh Hi.CXAPJURA JUIINSI)N __________ 

3. Sexvlce Type 

C) Mull Signature IHII!IHflHhtUlLUHRUiIU Mull Signature Restricted Delivery 

Cadillac! Mail® 

CertIfied Mall Restricted DelIvery 

Collect on Delivery 

à,tkla H. 'mba: fTmacfer fmm saw/ce label) - 9 Wlecton DeUverv Restrtctod Deny 

laII 

'I 7018 1830 0000 4161 5940 

PS Form 3811, July 2015 PSN 7530-02-000-9053 

-- 

oPrloiltjt Mall Expcess® 

ORegbtesodMailT' R= Mall Restricted 

Rabin Receipt for 

SIgnature ConiinatlenT' 

OSlgnatweconfltTnatlon I Restricted Delivery 

Domestic Return Receipt 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 34 of 46
63983209v.1 

Seyfarth Shaw LLP

700 Milam Street

Suite 1400

Houston, Texas 77002-2812

T (713) 225-2300

F (713) 225-2340

twatson@seyfarth.com

T (713) 860-0065

www.seyfarth.com May 19, 2020 

Mary Angie Garcia 

District Clerk 

Bexar County Courthouse 

Attn: Records Department 

Paul Elizondo Tower 

101 W. Nueva, Suite 217 

San Antonio, Texas 78205 

Re: Cause No. 2020CI00904; Aziz A. Alden v. Wells Fargo Bank; In the 45th Judicial District 

 Court of Bexar County, Texas. 

Dear Records Department: 

We would like to obtain a copy of the Court’s file regarding the above-referenced matter on 

behalf of Wells Fargo Bank. I will be representing Wells Fargo Bank. 

Please contact Beverly Maxwell at (713) 238-1807 regarding the size of the file and the cost. 

Please e-mail the file to twatson@seyfarth.com and bmaxwell@seyfarth.com. 

Thank you for your assistance in this matter. 

Sincerely, 

Timothy M. Watson 

TMW/bam 

FILED

5/19/2020 10:21 AM

Mary Angie Garcia

Bexar County District Clerk

Accepted By: Roxanne Araiza

2020CI00904

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 35 of 46
1111 III 'clarTma4 -TOIQIflQIR 

, . NO zozo(X_OOtlOLL 

A. 4h%ii ) rNTHEDISTRICTCOURT 

VS. ) ___JUDICIAL DISTRICT 

'Ii •1' I U We Ifs b Dart ) BEXAR couNTy, TEXAS 

MOTION TO SET 

Az2 4 AfJe i , (Printed name of party setting hearing) the 

- (Plaintiff, Petitioy. Defendant, Respondent) in 9is cause, 

files this Mé'tfbn to set for ft i"i D1 (L14f MtrtI (nonjury trial on the merits, temporary orders, specific name of motion being set) on the 

Q2. dayof ,20j0. 

Respectfully submitted, 

- A 

Cn 

(Signatur ofpbrson reguestinj settizg)j 

PnntedNaxne: Y1.V it b'{M —CL) - . 

. Bar No. of attorney: 

Address: otR 

Fka 

i?zc'-( 

TeLNo.(p) 57i-018t- 

__ FAXNo.L__)___________ 

ORDER 

IT IS ORDERED that a thai/hearing as requestqd above is set on the above styled 

and numbered cause on the (,fl. dayof ,2O7Q at 

g. A.M. in the Presiding 9i)Disthct Court,oonflO9 Bexar County Courthouse, 

San Antonio, Texas.

NED 

/ 

SI ;MAYj8 _?020 G . 

_r Preeiding .11149. 

408Th Judicial District 

Boxar County, Texas 

MGEPRESrn•ThG ..__ 

DOCUMENT SCAN}1ED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 36 of 46
CERTIFICATE OF SERVICE 

This is to ceth' that a true and. correct copy of the above and foregoing 

Motion/Order to Set was delivered in accordance with the Texas Rules of Civil 

Procedure, on jlik, / , 202)to M;La, I frA 

(Names ofparties or thejr attorneys to whom copies were/will be sent). 

(Signature ojfr 

PRINTED NAME: 

DOCUMENT SCANNED AS FILED 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 37 of 46
CAUSE NO. 2020-CI-00904 

AZIZ A. ALDEN, § IN THE DISTRICT COURT OF THE 

§ 

Plaintiff, § 

§ 

v. § 45TH JUDICIAL DISTRICT 

§ 

WELLS FARGO BANK, § 

§ 

Defendant. § BEXAR COUNTY, TEXAS 

DEFENDANT WELLS FARGO BANK, N.A.’S ORIGINAL ANSWER AND DEFENSES 

Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) files this Original Answer and 

Defenses to Plaintiff Aziz A. Alden’ Original Petition. 

GENERAL DENIAL

Subject to such stipulations as may hereafter be made, Wells Fargo asserts a general 

denial to Plaintiff’s Original Petition as is authorized under Rule 92 of Texas Rules of Civil 

Procedure, and respectfully requests that Plaintiff be required to prove his charges and 

allegations against Wells Fargo by a preponderance of the evidence, or where applicable, by 

clear and convincing evidence, as is required by the constitution and the laws of the State of 

Texas. 

DEFENSES

1. Plaintiff is not entitled to some or all of the relief sought in his petition to the 

extent that he has failed to mitigate his alleged damages. 

2. Wells Fargo invokes any and all applicable damages caps and limitations, 

including but not limited to the caps and limitations on damages set forth in the Title VII of the 

Civil Rights Act of 1964, 42 U.S.C. § 2000e et al., and the Texas and Federal constitutions. 

3. Plaintiff is not entitled to some or all of the relief sought in his petition to the 

extent that Plaintiff failed to exhaust his administrative remedies. 

FILED

5/22/2020 11:16 AM

Mary Angie Garcia

Bexar County District Clerk

Accepted By: Luis Herrera

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 38 of 46
2 

4. Plaintiff is not entitled to some or all of the relief sought in his Petition to the 

extent that his claims are barred by the applicable statute of limitations. 

5. Plaintiff is not entitled to some or all of the relief sought in his Petition to the 

extent that his claims are barred by waiver, laches, and/or estoppel. 

6. Plaintiff’s alleged damages, if any, are the result in whole or in part of preexisting 

conditions and/or independent causes and are not the result of any act or omission on the part of 

Wells Fargo. 

7. Wells Fargo had legitimate, non-retaliatory, and non-pretextual reasons for the 

employment actions it took. 

8. Pleading in the alternative, any adverse employment action allegedly suffered by 

Plaintiff would have occurred even in the absence of any alleged retaliatory or discriminatory 

motive. 

9. Wells Fargo’s actions were done in good faith, without malice, and without intent 

to violate the law or cause Plaintiff harm. As such, the relief sought by Plaintiff in the form of 

exemplary or punitive damages is not available. 

10. Plaintiff cannot recover punitive and/or exemplary damages since Wells Fargo 

cannot be vicariously liable for allegedly retaliatory or discriminatory employment decisions of 

managerial agents because those decisions, if any, were contrary to Wells Fargo’s good faith 

efforts to comply with applicable federal, state, and local laws and regulations prohibiting 

retaliation. 

11. To the extent that Plaintiff complained of any unlawful conduct, Wells Fargo took 

prompt and remedial action to investigate and address his complaint(s) and took appropriate 

corrective action. 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 39 of 46
3 

12. To the extent Plaintiff alleges that any of Wells Fargo’s employees acted in an 

unlawful manner, such conduct, if it occurred, was outside of the course and scope of that 

individual’s employment, was not authorized or condoned by Wells Fargo, and was undertaken 

without the knowledge or consent of Wells Fargo. Thus, Wells Fargo is not liable for any such 

conduct, if it occurred. 

13. Any relief to which Plaintiff may be entitled is barred or otherwise affected by the 

after-acquired evidence doctrine. 

14. Wells Fargo reserves the right to assert additional defenses as they become 

known. 

PRAYER 

Defendant Wells Fargo Bank, N.A. prays that it be discharged and dismissed, that 

Plaintiff take nothing, that it be awarded its court costs, and that it be granted such other and 

further relief to which it might show itself justly entitled. 

Respectfully submitted, 

By: /s/ Alia S. Wynne 

Timothy M. Watson 

State Bar No. 20963575 

Alia S. Wynne 

State Bar No. 24060860 

Seyfarth Shaw LLP 

700 Milam Street, Suite 1400 

Houston, Texas 77002-2797 

(713) 225-2300 – Telephone 

(713) 225-2340 – Facsimile 

ATTORNEYS FOR DEFENDANT

WELLS FARGO BANK, N.A. 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 40 of 46
4 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing instrument was filed via 

electronic court filing at eFileTXCourts.gov, and served on Plaintiff via email, United States 

mail, and certified mail at the address below on this the 22nd day of May, 2020. 

Aziz A. Alden 

8003 Palmetto Place 

San Antonio, TX 78254 

azizkain@gmail.com 

/s/ Alia S. Wynne 

Alia S. Wynne 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 41 of 46
EXHIBIT B 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 42 of 46
Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 43 of 46
EXHIBIT C 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 44 of 46
64041805v.1 

CAUSE NO. 2020-CI-00904 

AZIZ A. ALDEN, § IN THE DISTRICT COURT OF 

§ 

Plaintiff, § 

§ 

v. § THE 45TH JUDICIAL DISTRICT 

§ 

WELLS FARGO BANK, § 

§ 

Defendant. § BEXAR COUNTY, TEXAS 

NOTICE OF FILING NOTICE OF REMOVAL 

TO: Bexar County District Clerk 

101 W. Nueva, Suite 217 

San Antonio, Texas 78205 

Aziz A. Alden 

8003 Palmetto Place 

San Antonio, TX 78254 

PLEASE TAKE NOTICE THAT on the 26th day of May, 2020, pursuant to 28 U.S.C. 

§ 1446(c), Wells Fargo Bank, N.A. filed its Notice of Removal of this cause of action to the 

United States District Court for the Western District of Texas, San Antonio Division. A true and 

correct copy of the Notice of Removal is attached hereto as Exhibit 1. 

Respectfully submitted, 

By: /s/ Alia S. Wynne 

Timothy M. Watson 

State Bar No. 20963575 

Alia S. Wynne 

State Bar No. 24060860 

Seyfarth Shaw LLP 

700 Milam Street, Suite 1400 

Houston, Texas 77002-2797 

(713) 225-2300 – Telephone 

(713) 225-2340 – Facsimile 

ATTORNEYS FOR DEFENDANT

WELLS FARGO BANK, N.A. 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 45 of 46
64041805v.1 2

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing instrument was filed via 

electronic court filing at eFileTXCourts.gov, and served on Plaintiff via email, United States 

mail, and certified mail at the address below on this the 26th day of May, 2020. 

Aziz A. Alden 

8003 Palmetto Place 

San Antonio, TX 78254 

azizkain@gmail.com 

 /s/ Alia S. Wynne 

Alia S. Wynne 

Case 5:20-cv-00620 Document 1 Filed 05/26/20 Page 46 of 46