FP 37772359.1 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 1 of 17
EI Paso County - 120th District Court Filed 4/14/2020 4:17 PM 

Norma Fayela Barceleau 

District Clerk 

El Paso County 

20200CV1304 

ADRIAN SEGOVIA 

Plaintiff; 

V. 

CON VERGEONE, INC. 

Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

Cause No. 2020-DCVJury Trial Requested 

PLAINTIFF'S ORIGINAL PETITION 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, Adrian Segovia, Plaintiff, complaining of ConvergeOne Inc., 

Defendant, and would allege the following. 

DISCOVERY PLAN 

I. Discovery in this cause will be conducted under TRCP 190.4 (Level 3). 

PARTIES 

2. The Plaintiff is a resident of El Paso County, Texas. 

3. The Defendant ConvergeOne, inc. is a corporation and may be served with process 

by serving its registered agent, CT Corporation System, Inc., 1999 Bryan St., Ste. 900 

Dallas, TX 75201-3136. 

JURISDICTION 

4. This action arises under the Americans with Disabilities Act of 1993, as amended 

with the ADAAA, as well as Chapter 21 of the Texas Labor Code, which prohibits 

employment discrimination. 

5. Plaintiff has complied with all necessary administrative prerequisites. Plaintiff timely 

filed his Charge of Discrimination with the Equal Employment Opportunity 

Plaintiffs Original Petition 

Page I of5 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 2 of 17
Commission, which was simultaneously filed with the Texas Workforce Commission 

— Civil Rights Division. The TWC-CRD has issued its Notice of Right to File a Civil 

Action, and suit was timely filed thereafter. 

VENUE 

6. This action properly lies in El Paso County, Texas because the unlawful employment 

practices occurred therein. 

FACTS 

7. Plaintiff was employed with Defendant or its predecessor since October 2013, and 

last worked as a Technical Consultant in El Paso, Texas. Defendant became 

Plaintiffs employer in February 2019. Plaintiff had no performance or disciplinary 

issue during his employment; 

8. In April 2018, Plaintiff was injured at work. Plaintiff was diagnosed with a lower 

back / sacroiliac joint injury, preventing Plaintiff from driving and performing other 

major life activities. Defendant predecessor accommodated Plaintiff's disability by 

allowing him to move to El Paso where he could receive care and assistance from 

family members. Plaintiff, who worked remotely, continued to perform his essential 

job duties satisfactorily. 

9. On or about April 22, 2019, Plaintiff had a telephone conference with Jacob Briggs, 

Louise Erickson, human resources, and Kimberly Quillen. Erickson stated that the 

company no longer had a need for Plaintiffs temporary assignment (workplace 

accommodation). The parties discussed alternate accommodations such as Plaintiff 

using a ride-share to go to onsite locations. Plaintiff agreed, but stated he needed to 

clear it with his doctor. 

Plaintiffs Original Petition 

Page 2 of 5 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 3 of 17
10. On or about April 24, 2019 the same parties had a telephone conference. Erickson 

stated that Plaintiff's accommodation "has cost us considerable from a business 

perspective." Briggs stated, before being corrected by his co-workers, that Plaintiff 

had the power to go against his doctor's recommendations. Plaintiff stated he is 

acceptable to using rideshare as a workplace accommodation. Quillen stated that 

Plaintiff could continue to work remotely through May 21, 2019, and begin working 

in Florida on May 27, 2019. She further stated that Plaintiff could use rideshare as an 

accommodation through June 10, 2019. 

11. On or about May 22, 2019, the same parties had a telephone conference regarding 

Plaintiff's return to work. 

12. On May 23, 2019 at 6:58 a.m, Plaintiff sent an e-mail stating that he could return to 

Florida the following week. Later that day, Plaintiff was part of another conference 

call with the same parties. Quillen stated that the company must continue to "evolve 

in business" and there were changes in the 911 technician area, and that Plaintiff was 

being terminated effective that day. During the previous month of conversations and 

e-mails, Defendant never made any mention about a possible reorganization or that 

Plaintiff's job was in jeopardy. Defendant offered Plaintiff a severance in exchange 

for signing a release of legal claims. Plaintiff did not sign the release. 

COUNT ONE — DISABILITY DISCRIMINATION — FAILURE TO 

ACCOMMODATE 

13. The above allegations are re-alleged and adopted by reference. 

14. Plaintiff contends that he could have and did performed the essential functions of his 

job with workplace accommodations he had requested, which Defendant failed to do 

or continue to do as Defendant's predecessor had allowed. 

Plaintiffs Original Petition 

Page 3 of .5 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 4 of 17
15. Plaintiff requests trial by jury. 

COUNT TWO - DISABILITY DISCRIMINATION 

16. The above allegations are re-alleged and adopted by reference. 

17. Plaintiff asserts that his disability was a motivating factor in Defendant's decision to 

terminate his employment. 

18. Plaintiff requests trial by jury. 

COUNT THREE (IN THE ALTERNATIVE) - "REGARDED AS" DISABILITY 

DISCRIMINATION 

19. The above allegations are re-alleged and adopted by reference. 

20. Plaintiff asserts in the alternative to Count Two that Defendant regarded his medical 

condition as a disability, and this perception was a motivating factor in Plaintiff's 

termination. 

21 Plaintiff requests trial by jury. 

22. Plaintiff seeks to recover all of damages in an amount which the jury, in its role as 

trier of the facts in this case, determines based on its discretion is just and appropriate. 

In order to comply with the Supreme Court's requirement to state the range of 

damages, pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff pleads that he 

anticipates at this time that the amount of damages he will request the jury to assess at 

trial will be between $200,000 to $1,000,000. 

WHEREFORE, Plaintiff, respectfully requests that this Honorable Court cites the 

Defendant to answer and appear, and upon final trial enter a judgment upon his favor 

and award the following: 

I. Injunctive Relief; 

2. Back pay and benefits; 

Plainti,ff's Original Petition 

Page 4 of 5 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 5 of 17
3. Reinstatement. If reinstatement is not feasible, front pay and benefits; 

4. Compensatory damages; 

5. Punitive damages; 

6. Attorney's fees; 

7. Plaintiff's costs; 

8. Prejudgment and post-judgment interest accruing at the maximum rate 

allowed by law; 

9. Such other and further relief as the Court deems necessary, proper and 

equitable, general or specific, to which Plaintiff may show himself to be justly 

entitled. 

Respectfully submitted, 

/s/ John A. Wenke 

JOHN A. WENKE 

Attorney for Plaintiff 

501 E California Ave. 

El Paso, Texas 79902 

(915) 351-8877 

Fax: (915) 351-9955 

State Bar No. 00788643 

lawoffice@iohnwenke.com. 

Plaintiffs Original Petition 

Page 5 of 5 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 6 of 17
Filed 4/15/2020 11:20 AM

2020DCV1304

Norma Favela Barceleau

El Paso County - 120th District Court

District Clerk

El Paso County

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 7 of 17
THE STATE OF TEXAS

 NOTICE TO DEFENDANT: “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 petition, a default judgment may be taken against you.” 

TO: CONVERGEONE, INC., who may be served with process by serving its registered agent, CT CORPORATION 

SYSTEM, IN, at 1999 BRYAN ST, STE 900, DALLAS, TX 75201-3136 

 

Greetings: 

 You are hereby commanded to appear by filing a written answer to the PLAINTIFF’S ORIGINAL PETITION at or 

before ten o’clock A.M. of the Monday next after the expiration of twenty days after the date of service of this citation 

before the Honorable 120th Judicial District Court, El Paso County, Texas, at the Court House of said County in El 

Paso, Texas. 

 Said Plaintiff’s Petition was filed in said court on this the 14th day of April, 2020, by Attorney at Law JOHN A 

WENK,E 501 E CALIFORNIA AVENUE, EL PASO, TX 79902 in this case numbered 2020DCV1304 on the docket of said 

court, and styled: 

ADRIAN SEGOVIA 

 VS 

CONVERGEONE, INC. 

 The nature of Plaintiff’s demand is fully shown by a true and correct copy of the PLAINTIFF’S ORIGINAL 

PETITION accompanying this citation and made a part hereof. 

 The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates 

thereof, and make due return as the law directs. 

 Issued and given under my hand and seal of said Court at El Paso, Texas, on this the 16th day of April, 2020. 

Attest: NORMA FAVELA BARCELEAU, District Clerk, El Paso County, Texas. 

 

CLERK OF THE COURT

NORMA FAVELA BARCELEAU 

District Clerk

El Paso County Courthouse 

500 E. San Antonio Ave, RM 103 

El Paso Texas, 79901 

ATTACH 

RETURN RECEIPTS 

WITH 

ADDRESSEE’S SIGNATURE 

Rule 106 (a) (2) the citation shall be served by 

mailing to the defendant by Certified Mail Return 

receipt requested, a true copy of the citation. 

Sec. 17.027 Rules of Civil Practice and 

Remedies Code if not prepared by Clerk of 

Court. 

________________________________________________ 

*NAME OF PREPARER TITLE 

________________________________________________ 

ADDRESS 

________________________________________________ 

CITY STATE ZIP 

By _____________________________, Deputy 

Ashley Nunez 

CERTIFICATE OF DELIVERY BY MAIL 

I hereby certify that on the ______ day of 

__________, 2020, at ________ I mailed to 

______________________________________

______________________________________

Defendant(s) by registered mail or certified mail with 

delivery restricted to addressee only, return receipt 

requested, a true copy of this citation with a copy of 

the PLAINTIFF’S ORIGINAL PETITION attached 

thereto.

________________________________________________ 

________________________________________________ TITLE

El Paso County, Texas

District Clerk

Norma Favela Barceleau

Filed on April 16, 2020

Nunez, Ashley

10:34 AM Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 8 of 17
RETURN OF SERVICE 

Delivery was completed on ___________________________, delivered to________________________ 

____________________________________________________ as evidence by Domestic Return Receipt PS Form 3811 

attached hereto. 

 The described documents were not delivered to the named recipient. The certified mail envelope was returned 

undelivered marked _____________________________. 

 This forwarding address was provided:______________________________________________ 

 

El Paso County, Texas 

By:_______________________________ 

Deputy District Clerk 

OR 

________________________________ 

Name of Authorized Person 

By:_______________________________ 

VERIFICATION BY AUTHORIZED PERSON 

State of Texas 

County of El Paso 

 Before me, a notary public, on this day personally appeared _________________, known to me to be the person 

whose name is subscribed to the foregoing Return of Service, and being by me first duly sworn, declared, “I am 

disinterested party qualified to make an oath of that fact and statements contained in the Return of Service and true and 

correct.” 

Subscribed and sworn to be on this _____ day 

of __________________, _______________. 

_____________________________________ 

Notary Public, State of ___________________ 

My commission expires:__________________ 

 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 9 of 17
A lb. 

;_:_t CT Corporation Service of Process 

Transmittal 

04/21/2020 

CT Log Number 537563231 

TO: Rui Goncalves 

ConvergeOne 

5 STEWART CT 

DENVILLE, NJ 07834-1042 

RE: Process Served in Texas 

FOR: ConvergeOne, Inc. (Domestic State: MN) 

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS: 

TITLE OF ACTION: ADRIAN SEGOVIA, PLTF. vs. CONVERGEONE, INC., DFT. 

DOCUMENT(S) SERVED: 

COURT/AGENCY: None Specified 

Case # 2020DCV1304 

NATURE OF ACTION: Employee Litigation - Discrimination 

ON WHOM PROCESS WAS SERVED: C T Corporation System, Dallas, TX 

DATE AND HOUR OF SERVICE: By Certified Mail on 04/21/2020 postmarked on 04/17/2020 

JURISDICTION SERVED: Texas 

APPEARANCE OR ANSWER DUE: None Specified 

ATTORNEY(S) / SENDER(S): None Specified 

ACTION ITEMS: CT has retained the current log, Retain Date: 04/21/2020, Expected Purge Date: 

04/26/2020 

Image SOP 

Email Notification, Rui Goncalves rgoncalves@convergeone.com 

Email Notification, Selina Held sheld@convergeone.com 

SIGNED: C T Corporation System 

ADDRESS: 208 LaSalle Ave 

Suite 814 

Chicago, IL 60604 

For Questions: 866-539-8692 

CorporationTeam@wolterskluwer.com 

Page 1 of 1 / NK 

Information displayed on this transmittal is for CT 

Corporation's record keeping purposes only and is provided to 

the recipient for quick reference. This information does not 

constitute a legal opinion as to the nature of action, the 

amount of damages, the answer date, or any information 

contained in the documents themselves. Recipient is 

responsible for interpreting said documents and for taking 

appropriate action. Signatures on certified mail receipts 

confirm receipt of package only, not contents. 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 10 of 17
LEGAL-NET PROCESS SERVICE 

1444 Montana Ave., Ste. 210 

El Paso,. Texas 79902 U IDH HO lUll11111['''''t• • Igo -

7016 3010 0000 9744 9476 

loop 

75201 

RETURN RECEIPT 

L REQUESTED. _ Cl' CORPORATION SYSTEM, INC. 1999 Bryan St., Ste. 900 

Dallas, TX 75201-3136 

f'QUA,OE PAI071 PCm LLi ENv 

EL PASO, TX 79936 . . 

APR 17 20 

- AMOUNT 

$7.60 

 

-4 1,12305K138989-07 

a7520i-429453 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 11 of 17
THE STATE OF TEXAS 

NOTICE TO DEFENDANT: "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 petition, a default judgment may be taken against you." 

TO: CONVERGEONE, INC., who may be served with process by serving its registered agent, CT CORPORATION 

SYSTEM, IN, at 1999 BRYAN ST, STE 900, DALLAS, TX 75201-3136 

Greetings: 

You are hereby commanded to appear by filing a written answer to the PLAINTIFF'S ORIGINAL PETITION at or 

before ten o'clock A.M. of the Monday next after the expiration of twenty days after the date of service of this citation 

before the Honorable 120thJudicial District Courts El Paso County, Texas, at the Court House of said County in El 

Paso, Texas. 

Said Plaintiff's Petition was filed in said court on this the 14th day of April, 2020, by Attorney at Law JOHN A 

WENK,E 501 E CALIFORNIA AVENUE, EL PASO, TX 79902 in this case numbered 2020DCV1304 on the docket of said 

court, and styled: 

ADRIAN SEGOVIA 

VS 

CONVERGEONE, INC. 

The nature of Plaintiff's demand is fully shown by a true and correct copy of the PLAINTIFF'S ORIGINAL 

PETITION accompanying this citation and made a part hereof. 

The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates 

thereof, and make due return as the law directs. 

Issued and given under my hand and seal of said Court at El Paso, Texas, on this the 16th day of April, 2020. 

Attest: NORMA FAVELA BARCELEAU, District Clerk, El Paso County, Texas. 

CLERK OF THE COURT 

NORMA FAVELA BARCELEAU 

District Clerk 

El Paso County Courthouse 

500 E. San Antonio Ave, RM 10 

El Paso Texas, 79901 

ATTACH 

RETURN RECEIPTS 

WITH 

ADDRESSEE'S SIGNATURE 

Rule 106 (a) (2) the citation shall be served by 

mailing to the defendant by Certified Mail Return 

receipt requested, a true copit of the citation. 

Sec. 17.027 Rules of Civil Practice and 

Remedies Code if not prepared by Clerk of 

Court. 

[ qai t z Pfl,Cej5s zr\rt scc, t tTF MPARA Aot, s2iT8LE 

ADIXS.50 x 

1C‘Ci (:)7. 

CITY STATE ZIP 

By Deputy 

Ashley Nunei 

CERTIFICATE OF DELIVERY BY MAIL 

hereby certify that on the 17 _ day of 

A frd. , 2020, at p I mailed to 

e-cra_v ercp ring.TThc.. b Scrite.GL 

Lot44., pr-ts,s 1-14. r-e9i sic.4-esk ge".+ 

c.--r k.:.•or-pOraittsv. S 454-e"-%Ehc • 

Defendant(s) by registered mail or certified mail with 

delivery restricted to addressee only, return receipt 

requested, a true copy of this citation with a copy of 

the PLAINTIFF'S ORIGINAL PETITION attached 

thereto. 

C_,•-eflaJCl/JCD. 

TITLE 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 12 of 17
RETURN OF SERVICE 

Delivery was completed on , delivered to 

as evidence by Domestic Return Receipt PS Form 3811 

attached hereto. 

The described documents were not delivered to the named recipient. The certified mail envelope was returned 

undelivered marked 

This forwarding address was provided: 

El Paso County, Texas 

By: 

Deputy District Clerk 

OR 

Name of Authorized Person 

By: 

VERIFICATION BY AUTHORIZED PERSON 

State of Texas 

County of El Paso 

Before me, a notary public, on this day personally appeared known to me to be the person 

whose name is subscribed to the foregoing Return of Service, and being by me first duly sworn, declared, "I am 

disinterested party qualified to make an oath of that fact and statements contained in the Return of Service and true and 

correct." 

Subscribed and sworn to be on this day 

of 

Notary Public, State of 

My commission expires: 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 13 of 17
CAUSE NO. 2020-DCV-1304 

ADRIAN SEGOVIA § IN THE DISTRICT COURT OF 

 § 

Plaintiff, § 

 § 

v. § EL PASO COUNTY, TEXAS 

 § 

CONVERGEONE, INC. § 

 § 

Defendant. § 120TH JUDICIAL DISTRICT 

DEFENDANT’S ORIGINAL ANSWER

Defendant ConvergeOne, Inc. (“Defendant” or “ConvergeOne”), files this Original 

Answer to Plaintiff’s Original Petition (“the Petition”) filed by Adrian Segovia (“Plaintiff” or 

“Segovia”), as follows: 

I. GENERAL DENIAL 

Subject to any stipulations and defenses as hereafter may be made, Defendant 

asserts a general denial as authorized by Rule 92 of the Texas Rules of Civil Procedure. Defendant 

demands that Plaintiff be required to prove his charges and allegations against Defendant by a 

preponderance of the evidence as required by the Constitution and laws of the State of Texas. 

II. AFFIRMATIVE AND OTHER DEFENSES 

Without waiving its general denial and reserving the right to plead further defenses, 

Defendant now asserts the following defenses and/or affirmative defenses, each offered in the 

alternative and to the fullest extent applicable. 

1. The Petition, in whole or in part, fails to state a claim upon which relief can be 

granted. 

2. Plaintiff has failed to exhaust administrative remedies for some or all of his claims. 

Filed 5/13/2020 1:53 PM

2020DCV1304

Norma Favela Barceleau

El Paso County - 120th District Court

District Clerk

El Paso County

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 14 of 17
2 

3. Plaintiff has failed to comply with the time limits for pursuing administrative and 

judicial remedies for some or all of his claims. 

4. This Court lacks subject-matter jurisdiction over Plaintiff’s claims. 

5. Plaintiff’s claims are barred because Defendant’s actions were based on legitimate, 

non-discriminatory reasons. 

6. Defendant engaged in no act, practice, policy, custom, or usage which has denied, 

abridged, withheld, limited, or otherwise interfered with Plaintiff’s rights because of any protected 

category. 

7. Defendant affirmatively pleads and asserts that Plaintiff’s damages claim is subject 

to any and all applicable damages caps. 

8. Defendant acted reasonably and in good faith in its efforts to comply with all 

statutes cited in the Petition. Defendant affirmatively pleads and asserts that it is not liable for 

punitive damages because of these good-faith efforts. 

9. Alternatively, Defendant exercised reasonable care to prevent and correct promptly 

any discriminatory behavior, which it denies occurred, and Plaintiff unreasonably failed to take 

advantage of corrective opportunities provided by Defendant or to otherwise avoid harm. 

10. Defendant did not act with malice or willfulness with respect to Plaintiff’s rights. 

11. All after-acquired-evidence of wrongdoing by Plaintiff that would have resulted in 

the termination of his employment, or withdrawal of offer of employment, operates as a bar to 

relief, in whole or in part, for any alleged wrongdoing by Defendant in this case. 

12. Plaintiff’s damages, if any, should be reduced to the extent he is found to have 

failed to mitigate his damages. 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 15 of 17
3 

13. All interim earnings or amounts earned, or which could have been earned with 

reasonable diligence by Plaintiff, should reduce the pay award, if any, which might otherwise be 

allowable. 

14. Plaintiff’s claims for punitive damages are barred, in whole or in part, to the extent 

that such damages violate Defendant’s rights and privileges under the Constitution of the United 

States of America and the Constitution of the State of Texas. 

15. Pleading in the alternative, any employment action motivated in part by Plaintiff’s 

membership in a protected class (which improper motivation is denied by Defendant), such 

employment actions would have been taken at or around the same time by Defendant 

notwithstanding the alleged improper motivation. 

16. To the extent applicable, Defendant asserts the doctrines of estoppel, waiver, and 

unclean hands to bar Plaintiff’s claims in whole or in part. 

17. Plaintiff is barred under the doctrine of laches. 

18. Defendant reserves the right to amend its answer to raise additional affirmative 

defenses or pursue other available counterclaims against Plaintiff as those claims become known 

during this litigation. 

WHEREFORE, Defendant prays that it be released, discharged, and acquitted of the 

charges filed against it; that Plaintiff take nothing by reason of this suit; that Plaintiff have and 

recover all costs expended; and that Defendant recovers all other and further relief to which it may 

be justly entitled. 

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 16 of 17
4 

Respectfully submitted, 

/s/ Mauro Ramirez 

MAURO RAMIREZ 

Texas Bar No. 24060460 

FISHER & PHILLIPS LLP 

910 Louisiana Street, Suite 4000 

Houston, TX 77002 

Tel: (713) 292-0150 

Fax: (713) 292-0151 

mramirez@fisherphillips.com

ATTORNEY FOR DEFENDANT, 

CONVERGEONE, INC. 

CERTIFICATE OF SERVICE

I hereby certify that I have on this 13th day of May, 2020, caused a true and correct 

copy of Defendant’s Original Answer to be filed with the County Clerk of El Paso County, Texas 

and served via electronic mail on the following: 

John A. Wenke 

501 E. California Ave., 

El Paso, TX 79902 

Tel. (915) 351-8877 

Fax: (915) 351-9955 

lawoffice@johnwenke.com 

/s/ Mauro Ramirez 

MAURO RAMIREZ

Case 3:20-cv-00142-FM Document 1-2 Filed 05/20/20 Page 17 of 17