'V ■.

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 defaultjudgment may be taken against you.”

TO: HGS HEALTHCARE, LLC, which may be served with process by serving its registered agent, CT CORPORATION

SYSTEM at, 1999 BRYAN STREET, SUITE 900, DALLAS, TX 75201-3136

Greetings:

You are hereby commanded to appear by filing a written answer to the Plaintiffs Original Petition, Request for

Disclosure to Each Defendant, Interrogatories to Each Defendant, and Request for Production to Each Defendant

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 205*'’ Judicial District Court, El Paso County, Texas, at the Court House of said County in El

Paso, Texas.

Said Plaintiffs Petition was filed in said court on this the 20'^ day of April, 2020, by Attorney at Law BRETT DUKE,

6350 ESCONDIDO DR, STE A-14, EL PASO, TX 79912 in this case numbered 2020DCV1348 on the docket of said

court, and styled:

Morgan Morales

vs

Samuel Escandon, HGS Healthcare, LLC, and Hinduja Global Solutions, Inc.

The nature of Plaintiffs demand is fully shown by a true and correct copy of the Plaintiffs Original Petition,

Request for Disclosure to Each Defendant, Interrogatories to Each Defendant, and Request for Production to

Each Defendant 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 21®‘ 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

£J Deputy

t J JoAnn Acosta

CEFmPiCATE OF DELIVERY BY MAIL

I hereby certify that on the

__________, 2020, at___

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 ofthe citation.

Sec. 17.027 Rules of Civil Practice and

Remedies Code if not prepared by Clerk of

Court.

___day of

I mailed to

Defendantfs) by registered mail or certified mail with

delivery restricted to addressee only, return receipt

requested, a true copy ofthis citation with a copy of

the Plaintiffs Original Petition, Request for Disclosure

to Each Defendant, Interrogatories to Each

Defendant, and Requestfor Production to Each

Defendant attached thereto. ‘NAME OF PREPARER TITLE

ADDRESS

CITY STATE ZIP

TITLE

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 1 of 26
RETURN OF SERVICE

delivered to________________________

as evidence by Domestic Return Receipt PS Form 3811

Delivery was completed on

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

, 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

Before me, a notary public, on this day personally appeared

correct.”

Subscribed and sworn to be on this_____ day

of

Notary Public, State of _

My commission expires:

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 2 of 26
Filed 4/20/2020 3:17 PM

Norma Favela Barcelea

District Clei

El Paso Couni

2020DCV134

El Paso County - 205th District Court

MORGAN MORALES,

Plaintiff,

V.

SAMUEL ESCANDON,

HGS HEALTHCARE, LLC, and

HINDUJA GLOBAL SOLUTIONS, INC.,

Defendants.

PLAINTIFF’S ORIGINAL PETITION, REQUEST FOR DISCLOSURE TO EACH

DEFENDANT, INTERROGATORIES TO EACH DEFENDANT, AND REQUEST FOR

PRODUCTION TO EACH DEFENDANT

Discovery Level

1. Plaintiff intends to conduct discovery under Texas Rule of Civil Procedure 190.4 - Level

3.

Parties

PlaintiffMorgan Morales is a female individual and Citizen ofthe State ofTexas. Plaintiff

is an employee as defined by section 21.002(7) ofthe Texas Labor Code.

Defendant Samuel Escandon is a male individual and Citizen of the State of Texas that

2.

3.

may be served with process at his place of employment 8465 Gran Vista, El Paso, TX 79907, his

abode, or wherever he may be found.

Defendant HGS Healthcare, LLC, is a limited liability company that may be served with

process by serving its registered agent C T Corporation System, 1999 Bryan St., Ste. 900, Dallas,

TX 75201-3136. This Defendant is an employer as defined by section 21.002(8) of the Texas

4.

Labor Code.

Defendant Hinduja Global Solutions, Inc., is a corporation that may be served with process

by serving its registered agent C T Corporation System, 1999 Bryan St., Ste. 900, Dallas, TX

5.

1

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 3 of 26
75201-3136. This Defendant is an employer as defined by section 21.002(8) ofthe Texas Labor

Code.

6. Defendants HGS Healthcare, LLC and Hindu)a Global Solutions, Inc. are collectively

referred to as HGS.

Exhaustion of Administrative Procedures

7. Plamtiffcomplied with all necessary administrative prerequisites. Plaintifftimely filed her

Charge ofDiscrimination, 180 days have elapsed, and timely filed this original petition.

Jurisdiction and Venue

8. This suit is brought andjurisdiction lies pursuant to Texas common law and Section 21.254

. ofthe Texas Labor Code. The United States District Courts do not have subject matterjurisdiction

because there is no federal-question jurisdiction and there is no diversity jurisdiction. This action

properly lies in El Paso County, Texas, where the assaults and the unlawfiil employment practices

occurred. This is not a legal action against any Defendant for any Defendants’ exercise ofthe right

of free speech, right to petition, or right of association. This is a legal action for discrimination

and retaliation in violation ofthe Texas Labor Code and common law.

Facts

9. HGS hired Plaintiffin January 2019 in incoming calls assurance.

10. HGS discriminated against Plamtiff and subjected her to sexual harassment and a hostile

work environment because of her sex, female.

11. Beginning in about June 2019, Plaintiff was sexually harassed by her supervisor, Samuel

Escandon, while at work. He fi'equently and regularly made sexually harassing comments like

Plaintiffwas a sexy, bad girl, but she needed to be a good girl and that she needed to put hertongue

away unless she was going to use it because he could really use some tongue right now.

2

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 4 of 26
12. Escandon also physically assaulted Plaintiff. He intentionally or knowingly threatened

Plaintiffwith imminent bodily injury that caused her injury. He had a conscious desire to cause a

certain result. He made overt acts showing that the threat of bodily injury was imminent in the

present. He grabbed Plaintiff, hugged Plaintiff, laid his head on her chest, and made Plaintiff so

uncomfortable to the point where she no longer wanted to come to work and it interfered with her

work. He targeted and singled Plaintiff out.

13. Plaintiff opposed the sexual harassment, that was severe and pervasive, by reporting it the

HR department ofHGS, including in writing, on August 21, 2019, telling them she just wanted it

to stop. Another person wrote an anonymous note upon Plaintiffs behalfto the HR department

of HGS opposing the sexual harassment. Plaintiff met with members ofthe HR department and

discussed the sexual harassment. Plaintiff also opposed the sexual harassment by reporting it to

the project manager.

,14. On August 22, 2019, another supervisor told Plaintiff about sexual harassment by

Escandon and she was afraid.

15. In retaliation for opposing the sexual harassment, HGS further subjected Plaintiff to a

hostile work environment and then discharged Plaintiff on September 16, 2019.

16. HGS failed to exercise reasonable care to prevent and promptly correct the sexually

harassing behavior even though Plaintiff sought to take advantage of preventative or corrective

opportunities to avoid harm.

Count I

Assault

Plaintiff was sexually assaulted at work. Plaintiff was assaulted at work. This assault is

separate and distinct from and in addition to the sexual harassment Plaintiffsuffered at work. See

17.

3

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 5 of 26
e.g. B.C. V. SteakNShake Operations, Inc., 512 S.W.3d 276 (Tex. 2017). Escandon intentionally

and/or knowingly threatened Plaintiffwith imminent bodily injury. Escandon intentionally and/or

knowingly caused physical contact with Plaintiffwhen he knew and/or should reasonably believe

that Plaintiff would regard the contact as offensive and/or provocative. He acted intentionally,

knowingly, and recklessly. He threatened Plaintiff with imminent bodily injury. His threats

caused injury to Plaintiff

Count n

Discrimination because of Sex

HGS violated section 21.051 ofthe Texas Labor Code. As detailed above, HGS committed

unlawful employment practices because HGS discriminated against and intentionally

discriminated against Plaintiffbecause ofPlaintiff’s sex and gender, female, the motivating factor

for HGS discriminating against her, subjecting her to a hostile work environment, and discharging

18.

her.

Count III

Retaliation

HGS violated 21.055 of the Texas Labor Code. As detailed above, HGS committed

unlawful employment practices because HGS retaliated against Plaintiff and intentionally

retaliated against and discriminated against Plaintiff because ofher opposition to a discriminatory

practice, filing of a charge of discrimination, filing a complaint, or testifying, assisting, or

participating in any manner in an investigation, proceeding, or hearing. HGS’s retaliation against

Plaintiffresulted in even more ofa hostile work environment and ultimately in Plaintiffs’ discharge.

19.

Count IV

Negligence

20. HGS was negligent. HGS was negligent in hiring, supervising, training, and retaining

4

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 6 of 26
ployees, including the one thatsexually harassed Plaintiff. As an employer, HGS owed Plaintiff

a legal duty to hire, supervise, train and retain competent employees. As an employer. Defendant

owed Plaintiff a legal duty to prevent and to stop the sexual harassment. HGS breached its duties.

HGS’s breach proximately caused Plaintiffs injuries and damages. Because Defendant’s

agement level employees knew or should have known of the hostile work environment and

also because the sexual harasser was Plaintiffs supervisor, HGS is directly and presumed hable

em

man

for the sexual harassment.

Damages

21. As a direct and proximate result of the Defendants' assault, discrimination, hostile work

environment, retaliation, and negligence. Plaintiffhas been damaged ha the form oflost wages and

benefits in the past and future and compensatory damages in the past and future, which include

emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment oflife, and other

noneconomic losses.

22. Pursuant to Texas Rule of Civil Procedure 47(c)(1), Plaintiff has been damaged in an

amount within the jurisdictional lumts ofthis Court and states that Plaintiffseeks monetary relief

over $1,000,000 for all the other reliefto which Plaintiff deems herself entitled. This statement is

made solely to comply with Texas Rule of Civil Procedure 47 and not for argument to the jorry.

The monetary relief actually awarded will ultimately be determined by the jury.

Punitive Damages

23. Pursuant to section 41 ofthe Texas Civil Practice and Remedies Code and section 21.2585

of the Texas Labor Code, Plaintiff is entitled to recover punitive damages from Defendants for

their actions as set forth above. Defendants acted with malice and engaged in discriminatory

practices with malice and reckless indifference to the state protected rights of Plaintiff. Plaintiff

5

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 7 of 26
seeks punitive damages in an amount to be determined by the jury.

Attorney Fees, Court Costs, and Expert Fees

24. Pursuant to section 21.259 ofthe Texas Labor Code, Plaintiff is entitled to attorney fees,

costs of court, and expert fees.

Conditions Precedent

All conditions precedent have been performed or have occurred.

Jury Demand

Trial by jury is demanded and the applicable fee is paid.

Prayer

For these reasons. Plaintiff asks that Defendants be cited to appear and answer, and, on

final trial, that Plaintiffhasjudgment against Defendants, for a sum within the jurisdictional limits

25.

26.

27.

ofthis Court, for the following:

a. general damages;

special damages;

punitive damages as determined by the jury;

prejudgment interest as provided by law;

postjudgment interest as provided by law;

attorney fees, expert fees, court costs and all costs ofsuit; and

such other and further relief at law and equity to which Plaintiff may be justly

b.

c.

d.

e.

f

gentitled at law and equity.

6

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 8 of 26
REQUEST FOR DISCLOSURE TO EACH DEFENDANT

Pursuant to Texas Rule of Civil Procedure 194, Plaintiff requests that each Defendant

disclose, within 50 days ofthe service ofthis request, the information or material descrihed in Rule

194.2 ofthe Texas Rules ofCivil Procedure.

7

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 9 of 26
FIRST SET OF INTERROGATORIES TO EACH DEFENDANT

DEFINITIONS

The following terms have the following meanings, unless the context requires otherwise:

Parties. The term "Plaintiff or "Defendant," as well as a party's full or abbreviated name

or a pronormreferring to a party, means the party and, where applicable, its agents, representatives,

officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. This definition

is not intended to impose a discovery obligation on any person who is not a party to the litigation.

Person. The term "person" is defined as any natural person, any business, a legal or

governmental entity, or an association.

Document. The term “document” means all written, typed, or printed matters, and all

magnetic, electronic, or other records or documentation of any kind or description in your actual

possession, custody, or control, including those in the possession, custody, control of any and aU

present or former directors, officers, employees, consultants, accoimtants, attorneys, or other

agents, whether or not prepared by you, that constitute or contain matters relevant to the subject

matter ofthe action.

Communication. The term "communication" means the transmittal of information in the

form offacts, ideas, inquiries, or otherwise.

Identify (person). When referring to a person, "identify" means to give, to the extent known,

the person's foil name, present or last known address, telephone number, and, when referring to a

natural person, the present or last known place of employment. Once a person has been identified

in compliance with this paragraph, only the name ofthat person need be listed in response to later

discovery requesting the identification ofthat person.

Identify (document). When referring to documents, "identify" means to give, to the extent

known, the following information: (a) the type of document; (b) the general subject matter ofthe

document; (c) the date ofthe document; (d) the authors, addressees, and recipients ofthe document;

(e) the location ofthe document; (f) the identity ofthe person who has custody ofthe document;

and (g) whether the document has been destroyed, and ifso, (I) the date ofits destruction, (ii) the

reason for its destruction, and (iii) the identity ofthe person who destroyed it.

Relating. The term "relating" means concerning, referring, describing, evidencing, or

constituting, directly or indirectly.

All/Each. The terms "aU" and "each" should be construed as "and.

Any. The term "any" should be understood in either its most or its least inclusive sense as

necessary to bring within scope of the discovery request all responses that might otherwise be

construed to be outside ofits scope.

1.

2.

3.

4.

5.

6.

7.

each," and "and/or." tl f? 8.

9.

8

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 10 of 26
10. And/Or. The connectives "and" and "or" should be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery request all responses that

might otherwise be construed to be outside ofits scope.

11. “You” or “your” means defendant individually and successors, predecessors, divisions,

subsidiaries, present and former officers, agents, employees, and all other persons acting on behalf

of you or its successors, predecessors, divisions, and subsidiaries.

12. Number. The use ofthe singular form of any word includes the plural and vice versa.

13. Unless otherwise indicated, the scope oftime for responding to these discovery requests is

from January 1, 2015 through the present and to your business in the State ofTexas.

14. These requests do not seek privileged material.

Interrogatories

1. Identify by name, last known address, telephone number andjob title. Plaintiffs immediate

supervisor or supervisors and all others with successive authority over Plaintiff and Plaintiffs

work while employed with you.

Answer:

Identify, describe and provide the amounts of all pay rates, wages, and employment

benefits, e.g., medical insurance, dental insurance, workers’ compensation insurance, other

insurance, 401K plan benefits, pension benefits, etc., provided to or available to Plaintiffjust

before separated or discharged firom emplo)mient. Ifthe value ofPlaintiffs benefits can be stated

as a percentage ofPlaintiffs salary or wages please do so.

2.

Answer:

Identify by name, last known address, last known telephone number and job title the

persons with knowledge of the reasons or circumstances surrounding Plaintiffs separation or

discharge of employment fi'om you.

3.

Answer:

4. Identify by name, last known address, telephone number andjob title the person or persons

who made the decision to discharge Plaintiff or to otherwise separate Plaintifffi'om emplo5mient

firom you.

Answer:

5. Identify by name, last known address, telephone number and job title, the persons, other

9

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 11 of 26
than those identified in the immediately preceding Interrogatory, who approved, authorized or

ratified the decision to discharge Plaintiff or to, otherwise, separate Plaintifffrom employment.

Answer:

6. Identify by name, last known home address, home telephone number, and sex, the persons

who replaced Plaintiff

Answer:

With regard to any witness whom you may call as expert witnesses in the trial ofthis case

through live testimony or by deposition, please identify the expert, and for each such expert, state

the following:

7.

the subject matter on which the expert is expected to testify;

the summary ofthe facts, opinions and mental impressions to which the expert is

expected to testify;

the basis, hypothesis, tests, experiments, calculations or formulas on which the

expert’s opinion is based; and

each test, experiment, or report done, attempted, undertaken, written, or

completed,by such expert.

a.

b.

c.

d.

Answer:

State the names, addresses, telephone numbers, official titles, if any, and other

identification information of all witnesses now known to you who will be called upon to testify,

followed by a brief description ofthe nature and substance ofthe testimony which it is expected

will be given by each such witness, and if any such prospective witnesses are related to you, state

the relationship.

8.

Answer:

State the names, addresses, telephone ninnbers, official titles, if any, and other

identification information of all persons known to you with knowledge ofrelevant facts, including

information or knowledge of any fact or record relating to the subject ofthis litigation, including,

but not limited to, allegations you separated or discharged Plaintiffs employment, discriminated

against Plaintiffs, and/or retaliated against Plaintiff

9.

Answer:

Identify every person who alleged they were sexually harassed, discriminated against

and/or retaliated against by you, or one of your employees or representatives, including but not

limited to Samuel Escandon.

10.

Answer:

10

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 12 of 26
11. Identify all persons who investigated the discrimination, sexual harassment, and/or

retaliation allegations of Plaintiff.

Answer:

12. Identify by name, last known address, telephone number and job title, all persons who

complained about Plaintiff, including aboutjob performance.

Answer:

13. Describe all claims, complaints, charges, and/or lawsuits filed against Defendants

concerning gender discrimination, sexual harassment, or retaliation since January 1, 2015.

Answer:

14. Describe any background investigation done by you on Samuel Escandon.

Answer:

15. Describe any complaints concerning Samuel Escandon made while employed with you.

Answer:

16. Describe any complaints of discrimination, sexual harassment, and/or retaliation made by

Plaintiffwhile employed by you.

Answer:

17. Ifyou contend any ofPlaintiffs allegations are not true, describe the factual basis for your

contention.

Answer:

18. State the factual basis of each ofyour affirmative defenses.

Answer:

11

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 13 of 26
PLAINTIFF’S FIRST SET OF REQUESTS FOR PRODUCTION TO EACH

DEFENDANT

Plaintiffserves this first set ofrequests for production on each Defendant pursuant to Texas

Rule of Civil Procedure 196. The documents must be produced within 30 days ofservice ofthis

request, at the law office ofBrett Duke, P.C., 6350 Escondido Dr., El Paso, Texas 79912.

INSTRUCTIONS

1. Answer each request for production separately by listing the documents and by describing

them as defined below. If documents are numbered for production, in each response provide both

the information that identifies the document and the document's number.

2. For each document or other requested information that defendants assert is privileged or is

not discoverable, identify that document or otherrequested information. State the specific grounds

for the claim of privilege or other ground for exclusion.

3. For each document defendants claim is not discoverable, state the information required by

the definition of "document" below, and in addition state the following: (a) the author’s job title

and address; (b) the recipient's job title and address; (c) the name and job title of all persons to

whom it was circulated or who saw it; (d) the name, job title, and address of the person now in

possession ofthe document; and (e) the document's present location.

4. For a document that no longer exists or cannot be located, identify the document, state how

and when it passed out of existence or when it could no longer be located, and state the reasons for

the disappearance. Also, identify each person having knowledge about the disposition or loss of

the document, and identify any other document evidencing the lost document's existence or any

facts about the lost document.

DEFINITIONS

' The following terms have the following meanings, unless the context requires otherwise:

1. Parties. The term "Plaintiff or "defendant," as well as a party's full or abbreviated name or

a prnnnnn referring to a party, means the party and, where applicable, its agents, representatives,

officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. This definition

is not intended to impose a discovery obligation on any person who is not a party to the litigation.

2. “You” or “yom” means Defendant including any successors, predecessors, divisions,

subsidiaries, present and former officers, agents, employees, and aU other persons acting on behalf

of defendant, or any successors, predecessors, divisions, and subsidiaries.

3. Person. The term "person" is defined as any natural person, any business, a legal or

12

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 14 of 26
governmental entity, or an association.

Document. The term “document” means all written, typed, or printed matters, and all

magnetic, electronic, or other records or docmnentation of any kind or description in your actual

possession, custody, or control, including those in the possession, custody, control of any and all

present or former directors, officers, employees, consultants, accountants, attorneys, or other

agents, whether or not prepared by you, that constitute or contain matters relevant to the subject

matter ofthe action.

4.

Communication. The term "communication" means the transmittal of information in the

form offacts, ideas, inquiries, or otherwise.

Identify (person). When referring to a person, "identify" means to give, to the extent known,

the person's full name, present or last known address, telephone number, and, when referring to a

natural person, the present or last known place of employment. Once a person has been identified

in compliance with this paragraph, only the name ofthat person need be listed in response to later

discovery requesting the identification ofthat person.

Identify (document). When referring to documents, "identify" means to give, to the extent

known, the following information: (a) the type of document; (b) the general subject matter ofthe

document; (c) the date ofthe document; (d) the authors, addressees, and recipients ofthe document;

(e) the location ofthe document; (f) the identity ofthe person who has custody ofthe document;

and (g) whether the document has been destroyed, and ifso, (i) the date ofits destruction, (ii) the

reason for its destruction, and (iii) the identity ofthe person who destroyed it.

Relating. The term "relating" means concerning, referring, describing, evidencing, or

constituting, directly or indirectly.

All/Each. The terms "all" and "each" should be construed as "and.

5.

6.

7.

8.

each," and "and/or." M If 9.

10. Any. The term "any" should be understood in either its most or its least inclusive sense as

necessary to bring within scope of the discovery request all responses that might otherwise be

construed to be outside ofits scope.

11. And/Or. The connectives "and" and "or" should be construed either disjunctively or

conjunctively as necessary to bring within the scope of the discovery request all responses that

might otherwise be construed to be outside ofits scope.

12. Number. The use ofthe singular form of any word includes the plural and vice versa.

13. Scope ofRequests. Unless otherwise indicated, the scope ofthese requests are January 1,

20-15, to the present and your business in the State ofTexas.

14. These requests do not seek the production ofprivileged documents.

13

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 15 of 26
Request for Production

1. Provide Plaintiffs complete personnel file, including employee evaluations and any worker’s

compensation, medical, discipliaary and all other file subparts. For purposes of this request,

“personnel file” is defined as any documents or information in your possession which relate to

Plaintiffs employment with you, regardless ofwhether such information is maintained in different

locations, files or folders.

I

Response:

2. Provide Samuel Escandon’s personnel file, including employee evaluations, disciplinary and

all other file subparts. For purposes ofthis request, “personnel file” is defined as any documents

or information in your possession which relate to his employment with you, regardless ofwhether

such information is maintained in different locations, files or folders.

3. Provide all documentation, whether written or electronic, showing Plaintiffs payroll history,

payroll, or pay and the amount or value ofPlaintiffs employment benefits, e.g. medical insurance,

dental insurance, worker’s compensation insurance, 40IK benefits, etc., for the duration of all

employment periods with you, including but not limited to the COBRA letter, if any, sent to

Plaintiff.

Response:

4. Provide any and all documentation including videos, manuals, notebooks, pamphlets and

posters, provided to or shown to Plaintiff at the time ofhiring or during the course of employment

with you relating to discrimination m the work place and or investigations thereof including but

not limited to those on account ofsex and retahation.

Response:

5. Provide any and all ofyour Employee Manuals or Employee Policy Manuals and all documents

including internal company memoranda and e-mails evidencing the policies which you apply to

your El Paso, Texas employees.

Response:

6. Provide a copy of your policies and procedures relating to any actions taken or to be taken by

you in response to a claim ofdiscrimination, sexual harassment and/or retaliation by an employee,

including, your policies or procedures for investigating such claims of discrimination, sexual

harassment, and/or retaliation m the work place, including but not hmited to those on account of

sex.

Response:

14

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 16 of 26
7. Provide all company or internal memoranda including e-mails by or between you, your agents,

and employees, except those documents covered by the attorney-client privilege, on the subject of

Plaintiff.

Response;

8. Provide all company or internal memoranda including e-mails by or between you, your agents,

and employees, except those documents covered by the attorney-client privilege, on the subject of

the investigation into Plaintiffs claims of discrimination, sexual harassment, and/or retaliation.

Response:

9. Provide all documentation including videos, manuals, notebooks, pamphlets, posters and

“company” or internal memoranda and e-mails given to or shown to your employees regarding

sex discrimination, sexual harassment, and/or retaliation.

Response:

10. If your employees or agents have received auy tiakiiug via courses or classes regardmg sex

discrimination, sexual harassment, and/or retaliation, provide all documentation showing

attendance in such courses or classes and all class or course material mcluding videos, manuals,

notebooks, pamphlets and posters received during such training.

Response:

11. Provide all documents, including company or internal memoranda and e-mails by or between

you, your agents or employees, except those documents privileged under the attorney-client

privilege, regardmg Plaintiffs hiring, benefits, layoff, discharge or separation from your

employment and regarding every disciplinary action taken against Plaintiff.

Response:

12. Provide all documentation evidencing or showing disciplinary actions, if any, against the

person or persons identified in Interrogatories Nos. 4 and 5, on account of any action taken by you

regarding Plaintiff, including layoff, discharge or separation from your employment.

Response:

13. Provide a copy ofany and all documents signed or adopted by Plaintiffregarding employment

conditions with you.

Response:

14. Provide a copy ofall documents describing Plaintiffsjob duties or essentialjob functions for

all positions held while employed by you.

15

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 17 of 26
Response:

15. Provide a copy of all documentation constituting or memorializing all communications,

whether oral, written or electronic, including correspondence, reports, notes, memoranda, faxes,

or e-mails between you, your agents, and employees and any investigator relating to Plaintiffs

employment, taxes, benefits, and/or report of discrimination and/or retaliation.

Response:

16. Provide a copy of all documentation constituting, concerning or memorializing all

communications, whether oral, written or electronic, including correspondence, reports, notes,

memoranda, faxes, or e-mail between you, your agents or employees and any state governmental

agency, includmg the Texas Workforce Commission, relating to Plaintiff, Plaintiffs employment,

taxes, benefits, and/or report of discrimination and/or retaliation.

Response:

17. Provide a copy of all documentation, concerning or memorializing all communications,

whether oral, written or electronic, including correspondence, reports, notes, memoranda, faxes,

or e-mail between you, your agents or employees and any federal governmental agency, including

the Equal Employment Opportunity Commission, relating to Plaintiffs employment, taxes,

benefits, and or report of discrimination and/or retaliation.

Response:

18. Produce all working papers, notes, calculations, diagrams, photographs, models, exhibits, and

other documents, including reports and factual observations, prepared or reviewed by any expert

who will testify at trial.

Response:

19. Produce copies of all transcripts oftestimony previously provided by any individual listed by,

you as an expert witness.

Response:

20. Produce all treatises, rules, regulations, guidelines, statutes, policies, procedures, and any other

authoritative materials considered in forming an opinion by any expert who will testify at trial.

Response:

21. Produce all invoices, bills, and other billing materials for each expert expected to testify at

trial.

16

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 18 of 26
Response:

22. Produce all photographs, videotapes, depictions, and drawings that depict or pertain in any

way to the subject matter of this suit, including but not limited to, allegations you discriminated

and/or retaliated against Plaintiff and Plaintiffwas assaulted.

Response:

23. Produce copies of all complaints and lawsuits in any action filed against you in which the

allegations are similar to those of this suit, including, but not limited to, allegations you

discriminated against or retaliated against employees.

Response;

24. Produce copies of all claims and complaints made against you for damages similar to those

alleged in this suit, including, but not limited to, allegations you, or any of your employees or

representatives, discriminated against employees on the basis ofsex and/or retaliation.

Response:

25. Produce all statements made by you or your representatives relating the subject matter ofthis

suit, including, but not limited to, allegations you, or your employees or representatives,

discriminated against Plaintiffon the basis ofsex and/or retaliation.

Response:

26. Produce all statements made by Plaintiff or representatives relatmg the subject matter ofthis

suit.

Response:

27. Produce all statements made by any person or their representatives relatmg the subject matter

ofthis suit, including, but not limited to, allegations you, or your employees or representatives,

discriminated against employees on the basis ofsex and/or retaliation.

Response:

28. Produce all statements made by any person having knowledge of facts relating this suit,

including, but not Limited to, allegations you discriminated against Plaintiff on the basis of sex

and/or retaliated against Plaintiff. Ifyou claim that any statement in your possession is privileged

or in some manner exempt from discovery, state the date on which it was taken, from whom it was

taken, by whom it was taken, and the basis of your claim that it is privileged or exempt from

discovery.

Response:

17

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 19 of 26
29. Produce all documents that contain impeachment or rebuttal evidence.

Response:

30. Ifyou contend that Plaintiffhas not performed all conditions precedent to file this suit or that

all conditions precedent necessary for filing this suit did not occur, produce all documents

evidencing, referring to, relating to, concemiug, referencing, mentioning, describing, or regarding

this contention.

Response:

31. Produce any and all communications and documents sent to or received from, or exchanged

by and between you and Plaintiffregarding the terms of employment with you.

Response:

32. Produce any and all non-privileged communications and documents sent to or received from,

or exchanged by and between you and any other person regarding Plaintiff and the terms of

employment with you.

Response:

33. Produce any and all non-privileged communications and documents sent to or received from,

or exchanged by and between you and any other person concerning the subject matter ofthis suit,

including, but not limited to, allegations you discriminated against employees on the basis ofsex,

sexual harassment, and/or retaliated against employees.

Response:

34. If you have entered into a settlement agreement with any party or nonparty to this lawsuit

regarding the allegations in this lawsuit, produce that settlement agreement.

Response:

35. Produce any and aU insurance policies that you may call upon to respond to any potential

judgment against you in this lawsuit.

Response:

36. Produce any and all contractual indemnity agreements you may call upon to respond to any

potential judgment against you in this lawsuit.

Response:

18.

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 20 of 26
37. Produce all documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or regarding complaints by any persons about Plaintiff, including

performance ofjobs.

Response:

38. Produce all documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or regarding all meetings with Plaintiff regarding job performance,

includes the notes.

Response:

39. Produce all documents evidencing, referring to, relating to, concerning, referencing.

mentioning, describing, or regarding the reasons why you hired Plaintiff.

Response:

40. Produce all documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or regarding any contention that you discriminated and/or retaliated

against employees and former employees.

Response:

41. Produce all documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or regarding any contention that Samuel Escandon discriminated against,

sexually harassed, and/or retaliated against employees and former employees.

Response:

42. Produce all documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or regarding any allegation that Samuel Escandon engaged in sexual

harassment.

Response:

43. Produce aU documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or regarding any complaint against Samuel Escandon, including by any

current or former employee ofyours and any customer ofyours.

Response:

44. Produce all investigations, reports, or audits ofyour employment practices in El Paso, Texas.

Response:

19

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 21 of 26
45. Ifyou contend that Plaintiffwas not qualified to perform the duties ofthe job held by Plaintiff

while working for you, produce all documents evidencing, referring to, relating to, concerning,

referencing, mentioning, describing, or regarding such contention.

Response:

46. Provide all documents evidencing, referring to, relating to, concerning, referencing,

mentioning, describing, or evidencing any investigation of Samuel Escandon by you or anyone

acting on your behalf, except those documents covered by the attorney-client privilege.

Response:

47. Produce all “Charges of Discrimination” from the EEOC and the Texas Workforce

Commission Civil Rights Division naming you, and/or Samuel Escandon.

Response:

48. Produce all documents evidencing, referring to, relating to, concerning, referencing.

mentioning, describing, or supporting each ofyour affirmative defenses.

Response:

49. If you contend any of Plaintiff;s allegations are false, produce all documents evidencing,

referring to, relating to, concerning, referencing, mentioning, describing, or supporting such

contention.

Response:

Respectfully submitted.

BRETT DUKE, P.C.

6350 Escondido Dr., Ste. A-14

El Paso, Texas 79912

(915) 875-0003

(915) 875-0004 (facsimile)

brettduke@brettduk:e.com

/s/ Brett Duke

Brett Duke

LAW FIRM OF DANIELA LABINOTI, P.C.

707 Myrtle

El Paso, Texas 79901

(915)581-4600

(915) 581-4605

Daniela@LabmotiLaw.com

20

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 22 of 26
•4

/s/ Pamela Labinoti

Daniela Labinoti

21

*

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 23 of 26
1

1760472v.1 19257/01300

IN THE 205TH JUDICIAL DISTRICT COURT

EL PASO COUNTY, TEXAS

MORGAN MORALES,

Plaintiff,

v.

SAMUEL ESCONDON,

HGS HEALTHCARE, LLC, AND

HINDUJA GLOBAL SOLUTIONS, INC.,

Defendants.

§

§

§

§

§

§

§

§

§

§

§

Cause No. 2020-DCV-1348

DEFENDANTS HGS HEALTHCARE, LLC’S AND HINDUJA GLOBAL SOLUTIONS, 

INC.’S ORIGINAL ANSWER

Defendants HGS Healthcare, LLC and Hinduja Global Solutions, Inc.1(collectively, 

“Defendants”) answer Plaintiff’s Original Petition as follows:

GENERAL DENIAL

1. Defendants deny all allegations in Plaintiff’s Original Petition.

2. Defendants reserve the right to supplement or amend this Answer as appropriate.

AFFIRMATIVE DEFENSES

3. Plaintiff’s Original Petition fails to state a claim upon which relief can be granted. 

4. The Court lacks jurisdiction over some or all of Plaintiff’s claims.

5. Plaintiff has failed to exhaust her administrative remedies.

6. Plaintiff’s claims are barred by the applicable statute of limitations.

7. To the extent that Plaintiff seeks to recover for claims not raised in an underlying 

charge of discrimination or claims not timely filed in her charge, Plaintiff’s claims are barred. 

 

1 The only correct entity is HGS Healthcare, LLC. Hinduja Global Solutions, Inc. did not employ Plaintiff. 

Filed 5/18/2020 8:39 AM

2020DCV1348

Norma Favela Barceleau

El Paso County - 205th District Court

District Clerk

El Paso County

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 24 of 26
2

1760472v.1 19257/01300

8. All employment decisions made and actions taken regarding Plaintiff were based 

on legitimate, nondiscriminatory reasons. 

9. To the extent that Plaintiff may be able to prove that an improper motive was a 

factor in any relevant employment decision at issue in this case, the same employment decision 

would have been made regardless of any improper motive.

10. Defendants engaged in good faith and reasonable efforts to prevent and promptly 

correct harassing behavior, if any, and Plaintiff unreasonably failed to take advantage of the 

preventive or corrective opportunities provided by Defendants.

11. Plaintiff’s claims for damages are subject to the statutory caps set forth in Chapter 

41 of the Texas Civil Practices and Remedies Code.

12. Plaintiff’s claims for damages are subject to the caps set forth in Chapter 21 of the 

Texas Labor Code.

13. Plaintiff’s common law claim against Defendants is preempted by Chapter 21 of 

the Texas Labor Code. 

14. Plaintiff’s common law claim against Defendants is barred by the workers’ 

compensation exclusivity bar. 

15. Plaintiff has failed to mitigate her damages.

16. Plaintiff’s damages are subject to offset by interim earnings, workers’ 

compensation benefits, or unemployment compensation received. 

Accordingly, Defendants request that Plaintiff take nothing by this action and that 

Defendants receive all relief to which they are entitled. 

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 25 of 26
3

1760472v.1 19257/01300

Respectfully submitted,

KEMP SMITH LLP

P.O. Box 2800

El Paso, Texas 79999-2800

(915) 533-4424

(915) 546-5360 (Fax)

By: /s/ Clara B. Burns 

CLARA B. BURNS

State Bar No. 03443600.

Clara.Burns@kempsmith.com

JOSE A. GONZALEZ

State Bar No. 24067670

Abe.Gonzalez@kempsmith.com

Attorneys for Defendants HGS Healthcare, LLC and 

Hinduja Global Solutions, Inc.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on the 

attorney for Plaintiff, Brett Duke, Brett Duke, P.C., 6350 Escondido Dr., Ste. A-14, El Paso, Texas 

79912 and Daniela Labinoti, Law Firm of Daniela Labinoti, P.C., 707 Myrtle, El Paso, Texas 

79901 on the 18th day of May, 2020.

 Regular Mail, Postage Prepaid

 Hand Delivery

X Certified Mail, Return Receipt Requested

 Electronic Transmission: brettduke@brettduke.com

daniela@labinotilaw.com

 Facsimile Transmission: 

/s/ Jose A. Gonzalez

JOSE A. GONZALEZ

Case 3:20-cv-00148-PRM Document 1-3 Filed 05/22/20 Page 26 of 26