- Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

F , LED
u.s. D1STmCT CO.LJRT " (ASTERN f)ISTr<ICT Or TEXAS

u.S. EQUAL EMPLOYMENT OPPORTUNITY

§

fAPR 18 r: ~ -~

COMMISSION,

§

§

INTERVENOR,

§

§

v.

§

CIVIL ACTION No. 1:00CV-598

§

§

§

TRINITY INDUSTRIES, INC.,

§

§

DEFENDANT.

INTERVENORS' AMENDED COMPLAINT IN INTERVENTION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, MELBA THOMAS and PERCY SIMMONS, JR., hereinafter

"Intervenors," by and through their undersigned counsel, and files this their Amended

Complaint in Intervention pertaining to the above-referenced cause of action, and would

show unto the Court as follows:

Jurisdiction and Venue I.

This action is brought to remedy discrimination on the basis of race under the

terms, conditions, and privileges of employment in violation of Title VII of the Civil Rights

Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1871, as

amended, 42 U.S.C. § 1981.

II.

Jurisdiction of this Court is invoked pursuant to 28 USC §§ 1331 and 1343 and the

federal statutes set forth above. Venue is proper since the unlawful employment practices

()v~ SIMMONSffHOMAS, 001121 Am,"dComp.d',

Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 2 of 7
alleged in this complaint were committed within the jurisdiction of the United States District Court, Eastern District of Texas, Beaumont Division.
III. Intervenors are African-American employees or former employees of Defendant, and are residents of Jefferson County, Texas. Defendant, Trinity Industries, Inc. ("Trinity"), has at all relevant times herein been a Delaware Corporation doing business in the State of Texas and the City of Beaumont, and has continuously had at least 15 employees and upon information and belief employees hundreds or thousands of people nationwide. Trinity may be served with process by serving its registered agent, C.T. Corp. Systems, 350 North Paul St., Dallas, Texas 75201. At all relevant times, Defendant has been an employer engaged in an industry affecting commerce within the meaning of 42 USC § 2000e.
IV. Intervenor Percy Simmons, Jr., filed a charge of discrimination on the basis of race against Defendant with the Texas Commission on Human Rights and the Equal Employment Opportunity Commission ("EEOC") on or about October 7, 1998, and amended thereafter, complaining of the acts of race discrimination alleged herein. See copy previously attached. On or about July 20,2000, Mr. Simmons requested and received a "Right to Sue" letter from the EEOC. Mr. Simmons has complied fully with all administrative prerequisites under the Title VII Civil Rights Act of 1964, as amended. Intervenor Melba Thomas filed a charge of discrimination on the basis of race against Defendant with the Texas Commission on Human Rights and the Equal Employment Opportunity Commission ("EEOC") on or about May 1999, complaining of the acts of race discrimination alleged herein. On or about August 17, 2000, the EEOC issued
SIMMONS/THOMAS: 001121 AmendComp.dfa

Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 3 of 7
a Determination which concluded, among other things, that "in light of the facts in this case, the Commission concludes that there is reasonable cause to believe that [Trinity] discriminated against [l\1s. Thomas] because of her race, Black, by issuing her a written reprimand and in retaliation for filing a charge of discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended." See Exhibit "B" attached hereto. Ms. Thomas received a "Right to Sue" letter on November 1, 2000 from the EEOC. See "Exhibit A" attached. Ms. Thomas has complied fully with all administrative prerequisites under the Title VII Civil Rights Act of 1964, as amended.
V. Intervenors are members of a protected class of individuals on the basis of their race. Regarding Percy Simmons, Jr., on or about June 26, 1998, a white employee with less experIence than him was hired into the position of Paint Shop Superintendent. Intervenor was denied the promotion to that position although he has performed the duties of the position. Furthermore, Intervenor had been a supervisor for over two years and had not received any bonuses. Subsequently, on other occasions including but not limited to April 19, 1999, Intervenor Simmons was again passed over for a promotion. These actions were based on Intervenor's race and/or in retaliation for filing a complaint with the EEOC, and as such were illegal under the statutes referenced above. Regarding Intervenor Melba Thomas, on or about May 13, 1999, she received a written warning from her direct supervisor, allegedly for a performance related issue. However, similarly situated White employees who had committed similar or more serious errors were not reprimanded. Further, Intervenor Thomas was subjected to discrimination by being transferred to undesirable and unsafe workstations.
SIMMONS/THOMAS: 001121 AmendComp.dfa

Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 4 of 7
Shortly before September 30, 1999, members of Trinity management called Intervenor Thomas and others to a meeting, where they were told that the employees would have to increase normal production in order to fill a large order for approximately 300 railcars. At that time Ms. Thomas indicated that the job she had been assigned was beyond her physical capabilities, thereby putting her own safety and that of her coworkers at risk. However, instead of taking actions designed to protect the safety of Ms. Thomas and her co-workers, Trinity management attempted to use this situation to once again try to force Ms. Thomas to quit, all as part of the practice of discrimination and retaliation that had already been inflicted upon her. Ms. Thomas refused to quit but was ordered to continue to work on the assembly line despite her safety concerns.
At one point during the production process, again as part of the practice of discrimination and retaliation referred to above, Trinity supervisor told Ms. Thomas and her co-worker that if they did not get a car out in 45 minutes, they would be fired. In the process of trying to meet that demand, Ms. Thomas' foot and hand were crushed by the railcar, traumatically amputating both extremities.
VI. Intervenor repeats and realleges each and every allegation in Paragraphs numbered I through VIII of this complaint with the same force and effect as if fully set forth herein.
VII. As to Intervenor Simmons and Intervenor Thomas, in the above acts, Defendant violated Title VII of the Civil Rights Act of 1964, as amended, by discriminating against Intervenors because of their race in the terms, conditions, and privileges of their employment, and by engaging in acts of retaliation motivated by their asserting their
SIMMONSITHOMAS: 001121 AmendComp.dfa

Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 5 of 7
rights, and in those respects Trinity acted with malice and reckless disregard for Intervenors' federally-protected rights.
VIII. As to Intervenor Simmons and Intervenor Thomas, in the above acts, Defendant violated the Civil Rights Act of 1871, 42 USC 1981, by discriminating against Intervenors because of their race in the terms, conditions, and privileges of their employment, and by engaging in acts of retaliation motivated by their asserting their rights, and in those respects Trinity acted with malice and reckless disregard for Intervenors' federallyprotected rights.
IX. Intervenor Simmons and Intervenor Thomas is now suffering and will continue to suffer irreparable injury, monetary damages, and damages for mental anguish and humiliation as a result of Defendant's discriminatory practices unless and until this Court grants relief. Intervenor Thomas is now suffering and will continue to suffer irreparable injury, monetary damages, and damages for mental anguish and humiliation, physical pain and suffering, disfigurement, physical disability, and past and future lost wage earning capacity as a result of Defendant's discriminatory practices.
Prayer for Relief WHEREFORE, Intervenors respectfully requests that this Court enter judgment: (a) Declaring that the acts and practices complained of herein are in violation of
Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1871, as amended;
SIMMONS/THOMAS: 001121 AmendComp.dfa

Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 6 of 7
(b) Enjoining and permanently restraining these violations of Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1871, as amended;
(c) Directing Defendant to take such affirmative steps as are necessary to insure that the effects of these unlawful employment practices are eliminated and do not continue to affect Intervenors' employment opportunities;
(d) Directing Defendant to promote Intervenors, placing them in the position they would have occupied but for Defendant's unlawful actions and making them whole for all the earnings they would have received but for Defendant's unlawful actions including, but not limited to, wages, bonuses, pension and other lost benefits;
(e) Awarding Intervenors damages for irreparable injury, monetary damages, and damages for mental anguish and humiliation, physical pain and suffering, disfigurement, physical disability, and past and future lost wage earning capacity as a result of Defendant's discriminatory practices.
(f) Directing Defendant to pay Intervenors such additional amounts in punitive damages as may be available under law and awarded by the jury;
(g) Awarding Intervenors the costs of this action, together with reasonable attorney's fees, and pre- and post-judgment interest, and
(h) Granting such other and further relief as this Court deems necessary and proper.
SIMMONSITHOMAS: 001121 AmendComp.dfa

- Case 1:00-cv-00598-TH Document 29 Filed 04/18/2001 Page 7 of 7
Respectfully submitted,
REAUD, MORGAN & QUINN, INC. 801 Laurel Street Post Office Box 26005 Beaumont, Texas 77720-6005 Telephone: (409)838-1000 Telecopier: (409)833-8236

By:

Werner

as Bar No. 00789720

Lawyers for Intervenors

CERTIFICATE OF SERVICE

.R'l?~y I hereby certify that on the

of -::){tN'l..f>W1, 2000, I have served a

true copy of the above and foregoing on the adverse parties by forwarding a copy of same

to all opposing counsel herein.

SIMMONSrrHOMAS: 001121 AmendComp.dfa

 </s> -- Case 1:00-cv-00598-TH Document 56 Filed 06/18/2001 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION

r!1 Li'_~\ ERK
'1 ,:.', < :;)!'-'1 ("WRT
01 Jml ! 8 PH 5: 42

U.S. Equal Employment Opportunity §

Commission,

§

§

Plaintiff,

§

§

and

§

§

Melba Thomas and Percy Simmons, Jr., §

§

Intervenors

§

§

v.

§

§

Trinity Industries, Inc.,

§

§

Defendant.

§

Civil Action No. 1:00CV-598 JURY
Judge Heartfield

CONSENT DECREE The Equal Employment Opportunity Commission ("Commission" or "EEOC") alleges

that Defendant Trinity Industries, Inc. ("Trinity"), violated Title VII of the Civil Rights Act of

1964, and Title I of the Civil Rights Act of 1991. The EEOC's lawsuit alleges that Defendant

engaged in unlawful race discrimination, since at least September 1998, by failing to promote,

hire, or transfer African-Americans -- because of their race -- to the Quality Assurance

department of Trinity Plant #118.

Defendant denies Plaintiffs allegations. This Decree does not constitute an admission by

Trinity of any liability or wrongdoing. Trinity expressly denies any violation of local, state or

federal law, common or statutory, including but not limited to, Title VII of the Civil Rights Act

of 1964, as amended.

EEOC and Trinity stipulate to the jurisdiction of the Court and waive a hearing and the

entry of findings of fact and conclusions of law.

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Case 1:00-cv-00598-TH Document 56 Filed 06/18-/-2.001 Page 2 of 7
It is therefore ORDERED that: 1. This Consent Decree is entered in full and complete settlement of the EEOC's claims in this lawsuit, Civil Action No. 1:00CV598, and in EEOC Charge Nos. 330-99-2780, 330-99-2781, and 330-A1-0194. The EEOC agrees that it shall not bring further suit or intervene in any suit against Trinity based upon the above-referenced discrimination charges, any of the allegations contained therein, the EEOC's investigation of the charges or the underlying facts. 2. Trinity Industries, Inc. ("Trinity"), agrees that it will not engage in any employment practices which violate Title VII by unlawfully discriminating against any individual because of such individual's race. 3. Trinity acknowledges that Title VII prohibits retaliation against any individual who opposes any practice made an unlawful employment practice by Title VII, or against any individual who has provided testimony or evidence related to the EEOC's allegations in this lawsuit or to the investigation of EEOC Charge Nos. 330-99-2780, 330-99-2781, and 330-A10194. 4. Within ten (10) days after entry of this Consent Decree, a non-discrimination notice will be posted at Trinity Industries Plant #118 for a period of one hundred eighty (180) days after the entry of this Consent Decree. A copy of this notice is attached hereto as Exhibit "A". The notice will be posted in a location, to be agreed upon by the parties, which is conspicuous and accessible to all employees. Trinity shall designate a manager, whose name will be provided to the EEOC, who will be responsible for ensuring that the notice remains posted during the period specified in this paragraph.
2

Case 1:00-cv-00598-TH Document 56 Filed 06/18/2001 Page 3 of 7
5. Within sixty (60) days after the Court's entry of this Consent Decree, James P. Calfee, Jr., Jeffrey Scott Davis, Anthony Perkins, Darrell G. Ferguson, Shamsia Elliott, and any other Human Resources personnel assigned to Trinity Plant #118 will receive training on federal anti-discrimination laws, including Title VII. The training shall include specific instruction on avoiding unlawful discrimination based on race in hiring and promotion decisions. Prior to such training session, the Houston District Office of the EEOC shall receive a copy of the training presentation outline. Within ten (10) days after the completion of the training, the EEOC shall be provided with a statement listing the date on which the training was completed; the names of the attendees; their job titles; and all topics in the training presentation outline that were covered.
6. In exchange for a general release, Trinity agrees to pay Tommy L. Breed TWENTY EIGHT THOUSAND DOLLARS ($28,000.00), less deductions and withholdings required by law. Within ten (10) calendar days from the date of entry of this Decree, Trinity shall send a check in the amount of $28,000.00, less deductions and withholdings required by law, to Tommy L. Breed. The check shall be mailed via certified mail, return receipt requested, to Mr. Breed at the following address: Tommy L. Breed, 5550 Folsom Drive #191, Beaumont, Texas 77706. A copy of the check shall be sent concurrently to the Commission at the following address: Equal Employment Opportunity Commission, attention: Timothy M. Bowne, 1919 Smith Street, 7th Floor, Houston, Texas 77002.
7. In exchange for a general release, Trinity agrees to pay Kenneth Bettis THIRTYTWO THOUSAND DOLLARS ($32,000.00), less deductions and withholdings required by law. Within ten (10) calendar days from the date of entry of this Decree, Defendant shall send a check in the amount of $32,000.00, less deductions and withholdings required by law, to Kenneth Bettis. The check shall be mailed via certified mail, return receipt requested, to Mr. Bettis at the
3

Case 1:00-cv-00598-TH Document 56 Filed 06/18/2001 Page 4 of 7
following address: Kenneth Bettis, 2745 Virgil Street, Beaumont, Texas 77703. A copy of the check shall be sent concurrently to the Commission at the following address: Equal Employment Opportunity Commission, attention Timothy M. Bowne, 1919 Smith Street, 7th Floor, Houston, Texas 77002.
8. If a Quality Assurance Inspection "A" position for Exterior Paint at Plant #118 becomes vacant within six (6) months after the date of entry of this Decree, Trinity will send to Mr. Bettis a copy of the job posting for the position. The posting shall be mailed via certified mail, to the address listed in the preceding paragraph, at least ten (l0) calendar days prior to the date on which the job vacancy will close. Trinity will offer the position to Kenneth Bettis, if he is the most qualified applicant, with all other terms and conditions which would normally apply. For purposes of benefits and service, Kenneth Bettis's service shall be deemed to have continued throughout the years 2000 and 2001, with no broken service. Mr. Bettis must accept such offer within ten (10) calendar days from the date the offer is made to him. IfMr. Bettis chooses not to accept the offer, Trinity will not be obligated to offer Mr. Bettis a second Quality Assurance Inspector position. If a Quality Assurance Inspection "A" position for Exterior Paint at Plant #118 becomes vacant within six (6) months after the date of entry of this Decree and Trinity does not select Mr. Bettis for the position, despite Mr. Bettis having applied for the position, Trinity will send to the EEOC a written explanation of why he was not selected, as well as a copy of the application, resume, or other application materials of the selected candidate.
9. Trinity agrees to fund six (6) academic scholarships for Welding Technology Certification at the Lamar Institute of Technology ("Lamar"). These scholarships shall be targeted for socio-economically disadvantaged students from Central High School in the Beaumont Independent School District. Student selection for these scholarships -- two
4

Case 1:00-cv-00598-TH Document 56 Filed 06/18/2001 Page 5 of 7
scholarships in each of the next three academic school years -- shall be made by the Scholarship Committee of Lamar and funded by Trinity. Trinity agrees to make payment directly to Lamar on or about September 1, 2001, 2002, and 2003. A copy of the payment check shall be sent to the Equal Employment Opportunity Commission, attention: Timothy M. Bowne, 1919 Smith Street, 7th Floor, Houston, Texas 77002. The scholarship amount shall not exceed $2,400.00 per student.
10. A copy of this Consent Decree shall be given to all Human Resources Managers and Plant Managers at Trinity's Railcar Division Plant #118 in Beaumont, Texas. The Human Resources Managers and Plant Managers shall sign a form acknowledging receipt of a copy of this Decree. A copy of each acknowledgment of receipt form shall be sent to the Commission at the following address: Equal Employment Opportunity Commission, attention: Timothy M. Bowne, 1919 Smith Street, 7th Floor, Houston, Texas 77002. The forms will be returned to the Commission within twenty (20) days of the entry of this Consent Decree.
11. Trinity agrees to segregate in a separate, confidential folder all documents related to the Commission's lawsuit and to the charges of discrimination filed by Mr. Bettis or Mr. Breed. These documents shall not be part of the personnel files of Mr. Bettis or Mr. Breed. Further, Trinity agrees not to reference any of the following to any potential employer of Mr. Breed or Mr. Bettis: their charges of discrimination, the Commission's lawsuit, or this Consent Decree entered in the Commission's lawsuit.
12. Upon the Court's entry of the Consent Decree, the EEOC and Trinity will issue a statement, the contents of which shall be agreed upon by the parties. The EEOC's Houston District Office, its attorneys, and Trinity's representatives agree to provide to third parties,
5

Case 1:00-cv-00598-TH Document 56 Filed 06/18/2001 Page 6 of 7 including members of the press and the media, no information which is inconsistent with the agreed statement and the Consent Decree.
13. This Decree shall remain in effect for two (2) years from the date of signing. During such time, the Court shall retain jurisdiction to assure compliance with this Decree and to permit entry of such further orders or modifications as may be necessary or appropriate.
14. This parties shall bear their own costs and attorneys' fees.
Signed on this I St-k day of -:::l'N'--e.. ,2001.
~d~ THAD HEARTFIELD UNITED STATES DISTRICT ruDGE
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Case 1:00-cv-00598-TH Document 56 Filed 06/18/2001 Page 7 of 7
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Houston District Office
1919 Smith St, 7th Floor Houston, TX 77002-8049
PH: (713) 209-3372 FAX: (713) 209-3381 LEGAL: (713) 209-3401
NOTICE PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964,
and THE CIVIL RIGHTS ACT OF 1991
1. Federal law requires, and Company policy provides, that there be no discrimination against any employee or applicant for employment because of the employee's sex, race, color, religion, disability or age with respect to compensation, hiring, promotions, or other terms, conditions or privileges of employment.
2. TRINITY INDUSTRIES, INC., supports and will comply with such Federal law in all respects and will not retaliate against employees who have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission (EEOC), providing information to the EEOC, and/or receiving a settlement of such charges.
3. Any applicant or employee who wishes to complain of illegal discrimination is advised to report such complaint to Darrell Ferguson, Human Resources Manager, to the Plant Manager, or to such other official as the company may designate from time to time. Also, employees who believe they have been subjected to illegal employment discrimination can contact the Equal Employment Opportunity Commission.
SIGNED this _ _ day of _ _ _ _ _ _ _ _ _, 2001.
Jamie Calfee, Plant Manager Trinity Industries, Inc. - Beaumont, Texas
This NOTICE shall be posted for one hundred eighty (180) days from the date of signing. Exhibit "A"

 </s> Case 1:00-cv-00598-TH Document 70 Filed 11/09/2001 Page 1 of 4

EOD.-L-:-({.u.11~5!_~_I_

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, MELBA THOMAS and PERCY SIMMONS, JR.
Plaintiffs,
v.
TRINITY INDUSTRIES, INC.
Defendant.

§

§

§

§

§

§

§

§ CIVIL ACTION NO. 1:OO-CV-598 (TH)

§

§

§

§

JURY TRIAL DEMANDED

AGREED ORDER

Before the Court is Defendant's Motion to Enforce Settlement and Brief in Support,

Plaintiffs' Response, and Plaintiffs' Motion to Release Settlement Funds, Motion for Interest

and/or Other Delay Damages and Motion for Expedited Hearing. On November 5, 2001, the

Court held a telephonic hearing with counsel for both Parties, discussing possible resolutions of

the tax withholding issue, including obtaining an opinion from a third party tax expert and/or

setting aside the settlement and proceeding to trial, among others.

Now, in resolution of the Parties' dispute, and pursuant to the Parties' Mediation and

Compromise Agreements entered on October 18, 2001, the Court finds as follows:

It is ORDERED, ADJUDGED, AND DECREED:

1. Defendant's Motion to Enforce Settlement is DENIED, and Plaintiffs' Motion to

Release Settlement Funds, Motion for Interest and/or Other Delay Damages and Motion for

Expedited Hearing are all DENIED.

AGREED ORDER DALLAS I073884v2

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Case 1:00-cv-00598-TH Document 70 Filed 11/09/2001 Page 2 of 4

2. The Parties shall sign the proposed General Releases and Covenants Not to Sue as drafted, except that the Releases shall be revised, in accordance with the findings and orders of this Court, to reflect no tax withholding requirements or deductions and to recite Plaintiffs' agreement that they will hold harmless and indemnify Defendant from any and all tax liability, including penalties and interest, incurred ifthey fail to pay applicable taxes; the Releases shall be revised by counsel for the Defendant and received by Plaintiffs' counsel for execution by his clients as expeditiously as possible and within a reasonable time frame;
3. In substitution for Check Nos. 958850 & 958849, Defendant shall re-issue two checks payable to the Plaintiffs and their counsel, for the agreed-upon, lump-sum settlement proceeds, as set forth in the Parties' Mediation and Compromise Agreements and the proposed General Releases, to be paid in full without the withholding of federal income or other employment taxes and reported on a Form 1099; the settlement checks shall be received by Plaintiffs counsel as expeditiously as possible and within a reasonable time frame;
4. In substitution for Check No. 958851, which is made payable to the Clerk of the Court, Defendant shall re-issue the agreed-upon payroll check, made payable to Percy Simmons, as set forth in the Parties' Mediation and Compromise Agreements and the proposed General Releases; Percy Simmons' check shall be received by Plaintiffs counsel as expeditiously as possible and within a reasonable time frame.
4. Check Nos. 958850,958849 & 958851, which are currently in the possession of the Court in trust for Plaintiffs, held in a sealed envelope attached as Exhibit E to Defendant's motion and made out to the Clerk of the United States District Court for the Eastern District of Texas, are hereby null and void and the Court shall forthwith return the paper instruments to Jana

AGREED ORDER DALLAS J073884v2

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Case 1:00-cv-00598-TH Document 70 Filed 11/09/2001 Page 3 of 4

S. Baker at Gardere Wynne Sewell LLP, 1601 Elm Street, 3000 Thanksgiving Tower, Dallas,

Texas 75201, at Defendant's expense;

5. Immediately upon receipt of the settlement checks described in Paragraph 3, but

no later than 8 days after the date of this Order, Plaintiffs shall file with the Court a Dismissal

with Prejudice, dismissing all claims and relief sought in this action;

6. The checks representing reimbursement for court costs (Check Nos. 958852 &

958853) (all of which are enclosed in a sealed envelope attached as Exhibit E to Defendant's

motion) in settlement of this action shall NOT be re-issued, but are hereby immediately released

from the registry of the Court to counsel for the Plaintiffs;

7. The Parties are each responsible for their own costs and attorneys' fees.

t:£t-- No\.1e.w Signed this ~ day of

,2001.

~;H;ONT;HAD/HEARdTFID,~
UNITED STATES DISTRICT JUDGE

AGREED ORDER
DALLAS I073884v2

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Case 1:00-cv-00598-TH Document 70 Filed 11/09/2001 Page 4 of 4

AGREED BY:

GARDERE WYNNE SEWELL LLP
urtis Y-IN-CHARGE No. 5270930 --"-ori M. Carr Texas Bar No. 13815690 1601 Elm Street, Suite 3000 Dallas, Texas 75201-4761 Telephone: (214) 999-3000 Facsimile: (214) 999-4667
ATTORNEYS FOR DEFENDANT

REAUD, MORGAN & QUINN, INC.
By: _-I---I'L-Jr....:_ .!(\~_ ~tL~t__ Jo Tex 801 Laurel Street Beaumont, Texas 77720-6005 Telephone: (409) 838-1000 Facsimile: (409) 833-8236
ATTORNEY FOR PLAINTIFF

AGREED ORDER DALLAS I073884v2

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CLOSED, FRC, JURY
U.S. District Court [LIVE] Eastern District of TEXAS LIVE (Beaumont) CIVIL DOCKET FOR CASE #: 1:00-cv-00598-TH

EEOC v. Trinity Ind Inc Assigned to: Judge Thad Heartfield Demand: $0 Cause: 42:2000 Job Discrimination (Race) Plaintiff Equal Employment Opportunity Commission
V. Intervenor Plaintiff Percy Simmons, Jr.

Date Filed: 08/31/2000 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Timothy M Bowne US Equal Employment Opportunity Commission 1919 Smith St 7th Floor Houston, TX 77002 713/209-3395 Fax: 17132093402 Email: timothy.bowne@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
James P Sacher Equal Employment Opportunity Commission Houston District Office 1919 Smith Street 7th Floor Houston, TX 77002 Harri 713/209-3405 Fax: 713/209-3405
represented by John Gerard Werner Reaud Morgan & Quinn LLP 801 Laurel Street Beaumont, TX 77701 409-838-1000 Fax: 14098338236 Email: jwerner@rmqlawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Intervenor Plaintiff Melba Thomas V. Defendant Trinity Industries Inc
V. Intervenor Defendant Trinity Industries Inc
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represented by John Gerard Werner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David M Curtis Shackelford Melton & McKinley - Dallas 3333 Lee Parkway 10th Floor Dallas, TX 75219 214-780-1400 Fax: 214-780-1401 Email: dcurtis@shacklaw.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hubert Oxford, III Benckenstein & Oxford 3535 Calder Ave Suite 300 Beaumont, TX 77704 409/833-9182 Fax: 14098338819 Email: hubertoxford@benoxford.com LEAD ATTORNEY
Lori M Carr The Carr Law Firm 900 Jackson Street Suite 330 Dallas, TX 75202 US 214-233-9494 Fax: 214-233-9495 Email: lcarr@loricarrlaw.com LEAD ATTORNEY
represented by David M Curtis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Movant Melba Thomas TERMINATED: 10/31/2000
Movant Percy Simmons, Jr TERMINATED: 10/31/2000

Lori M Carr (See above for address) LEAD ATTORNEY
represented by John Gerard Werner (See above for address) TERMINATED: 10/31/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by John Gerard Werner (See above for address) TERMINATED: 10/31/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/31/2000 08/31/2000 08/31/2000 08/31/2000 08/31/2000
10/04/2000
10/12/2000 10/23/2000 10/31/2000
10/31/2000

#

Docket Text

1 Original Complaint filed. Cause: 42:2000 Job Discrimination (Race) (bst) (Entered: 08/31/2000)
Summons(es) issued for Trinity Ind Inc & handed to pla's atty for service (bst) (Entered: 08/31/2000)
1 Demand for jury trial by EEOC (bst) (Entered: 08/31/2000)
Magistrate consent forms mailed to pla's atty Timothy Bowne (bst) (Entered: 08/31/2000)
2 In compliance with section b of Local Rule CV-26 and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (bst) (Entered: 08/31/2000)
3 WAIVER OF SERVICE Returned Executed as to Trinity Ind Inc 9/29/00 on summons. Answer due on 11/28/00 for Trinity Ind Inc (bjc) (Entered: 10/05/2000)
4 MOTION for leave to intervene by Melba Thomas, Percy Simmons Jr (bjc) (Entered: 10/13/2000)
5 Answer to pla's complaint by Trinity Ind Inc (Mailed track assignment and consent form to atty David Curtis) (bjc) (Entered: 10/23/2000)
6 ORDER granting [4-1] motion for leave to intervene by Melba Thomas, Percy Simmons Jr (signed by Judge Thad Heartfield ) cc: attys (rll) (Entered: 11/01/2000)
7 Intervenor's complaint by Percy Simmons Jr., Melba Thomas against Trinity Ind Inc (rll) (Entered: 11/01/2000)

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11/09/2000 11/21/2000 11/28/2000 11/28/2000 12/04/2000 12/04/2000
12/08/2000 12/11/2000 12/14/2000 12/19/2000
01/11/2001 01/11/2001 01/11/2001 01/16/2001 01/16/2001
01/16/2001 01/16/2001 01/19/2001
01/26/2001

8 Answer to complaint in intervention by Trinity Ind Inc (fbc) (Entered: 11/09/2000)
9 Notice of disclosure by EEOC (bjc) (Entered: 11/22/2000)
MANAGEMENT CONFERENCE set at 9:00 12/14/00 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 11/28/2000)
10 Notice of initial disclosure by Trinity Ind Inc (bjc) (Entered: 11/28/2000)
11 Amended intervening complaint by Percy Simmons Jr, Melba Thomas, amending [7-1] intervenor complaint (bjc) (Entered: 12/06/2000)
ORDER regarding amendments to the federal rules of civil procedure (signed by Judge Thad Heartfield ) cc: attys 12/6/00 *** ORIGINAL ORDER EOD IN 1:95cv564 *** (bjc) (Entered: 12/06/2000)
12 Notice of disclosure by Percy Simmons Jr, Melba Thomas (bjc) (Entered: 12/08/2000)
13 Notice of serving initial disclosure by Trinity Ind Inc (bjc) (Entered: 12/11/2000)
14 Notice of attorney appearance for Trinity Ind Inc by Hubert Oxford III (bjc) (Entered: 12/14/2000)
ORDER setting management conference for 9:00 1/16/01 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 12/20/00 (bjc) (Entered: 12/20/2000)
15 Notice of disclosure by Trinity Ind Inc (fbc) (Entered: 01/11/2001)
16 Objection by Trinity Ind Inc to [4-1] motion for leave to intervene by Melba Thomas, Percy Simmons Jr (fbc) (Entered: 01/11/2001)
16 Answer to complaint in intervention by Trinity Ind Inc (fbc) (Entered: 01/11/2001)
17 Stipulation and PROTECTIVE ORDER (signed by Judge Thad Heartfield) cc: attys 1/17/01 (bjc) (Entered: 01/17/2001)
MANAGEMENT CONFERENCE held before Judge Thad Heartfield. New track assignment. Case set for trial 10/15/01. A docket control order will be entered (former empl) (Entered: 01/17/2001)
Oral order to reassign this action to track 4 for case management purposes, from the bench signed by Judge Thad Heartfield (former empl) (Entered: 01/17/2001)
18 Minutes Re: [0-0] Management conference by Judge Thad Heartfield held on 1/16/01 (No Ct rep) (former empl) (Entered: 01/17/2001)
19 Docket Control Order: setting final pretrial conference and jury trial scheduling at 9:00 on 10/15/01 (signed by Judge Thad Heartfield) cc: attys 1/22/01 bse) (Entered: 01/22/2001)
20 Unopposed MOTION by Percy Simmons Jr, Melba Thomas for leave to file amended complaint in intervention (bjc) (Entered: 01/29/2001)

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02/01/2001 02/05/2001 02/07/2001 02/07/2001 04/05/2001 04/11/2001 04/11/2001 04/13/2001 04/18/2001
04/18/2001
04/18/2001 04/23/2001 04/23/2001 04/25/2001 04/25/2001
04/27/2001 04/27/2001
05/03/2001

21 MOTION by Trinity Ind Inc for protective order and brief (bjc) (Entered: 02/02/2001)
22 Opposition by EEOC to dft's [21-1] mo for protective order (bjc) (Entered: 02/06/2001)
23 Notice of w/drawal of [21-1] motion for protective ord by Trinity Ind Inc (bjc) (Entered: 02/07/2001)
Terminated document [21-1] mo for protective ord (dft's filed a notice of withdrawal of motion for protective ord) (bjc) (Entered: 02/07/2001)
24 MOTION by Percy Simmons Jr, Melba Thomas for leave to file 2nd amended complaint in intervention (bjc) (Entered: 04/09/2001)
HOTLINE CONFERENCE: before Magistrate Judge Judith K. Guthrie. Resolved by parties; no ruling by Court. (tln) (Entered: 04/11/2001)
25 MOTION by Melba Thomas, Percy Simmons Jr to compel site inspection (bjc) (Entered: 04/12/2001)
26 Agreed MOTION by EEOC, Trinity Ind Inc, Percy Simmons Jr., Melba Thomas to modify [19-1] docket control order (bjc) (Entered: 04/13/2001)
27 MOTION by Percy Simmons Jr, Melba Thomas for leave to conduct additional depositions or, in the alternative to alter track assignment (bjc) (Entered: 04/19/2001)
28 ORDER granting [20-1] motion for leave to file amended complaint in intervention (signed by Judge Thad Heartfield ) cc: attys 4/20/01 (bjc) (Entered: 04/20/2001)
29 Amended complaint in intervention by Percy Simmons Jr, Melba Thomas , amending [7-1] intervenor complaint (bjc) (Entered: 04/20/2001)
30 Response by Trinity Ind Inc to plas' [24-1] motion for leave to file 2nd amended complaint in intervention (bjc) (Entered: 04/23/2001)
31 Response by Trinity Ind Inc to plas' [25-1] motion to compel site inspection (bjc) (Entered: 04/23/2001)
32 Brief in support by EEOC to intervening plas' [25-1] motion to compel site inspection (bjc) (Entered: 04/25/2001)
33 ORDER denying [24-1] motion for leave to file 2nd amended complaint in intervention (signed by Judge Thad Heartfield ) cc: attys 4/25/01 (bjc) (Entered: 04/25/2001)
34 ORDER granting [25-1] motion to compel site inspection ( signed by Judge Thad Heartfield ) cc: TH and attys (rll) (Entered: 05/01/2001)
35 ORDER granting [26-1] motion to modify [19-1] docket control order, reset discovery due for 5/29/01 , and reset motion filing deadline for 5/29/01 ( signed by Judge Thad Heartfield ) cc: TH and attys (rll) (Entered: 05/01/2001)
36 Response by Trinity Ind Inc to plas' [27-1] mo for leave to conduct additional depositions, and [27-2] mo to alter track assignment (bjc) (Entered: 05/03/2001)

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05/08/2001 05/08/2001 05/08/2001 05/09/2001 05/17/2001 05/17/2001 05/30/2001 05/30/2001 06/06/2001 06/07/2001 06/07/2001 06/13/2001 06/18/2001 06/18/2001 06/18/2001
06/18/2001

37 MOTION by Melba Thomas seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 05/08/2001)
38 MOTION by Percy Simmons Jr, Melba Thomas to reconsider and/or clarify portion of limited [34-1] order granting plas' mo to compel site inspection (bjc) (Entered: 05/08/2001)
39 Reply by Percy Simmons Jr, Melba Thomas to dft's response to pla's [27-1] mo for leave to conduct additional depositions, or, in the alternative, [27-2] mo to alter track assignment (bjc) (Entered: 05/08/2001)
40 Agreed MOTION by EEOC, Trinity Ind Inc to enter consent decree (bjc) (Entered: 05/09/2001)
41 Response by Trinity Ind Inc to plas' [38-1] motion to reconsider and/or clarify portion of limited [34-1] order granting plas' mo to compel site inspection (bjc) (Entered: 05/18/2001)
42 Response by Trinity Ind Inc to plas' [37-1] motion seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 05/18/2001)
43 MOTION by Trinity Ind Inc for summary judgment (bjc) (Entered: 05/31/2001)
44 Brief by Trinity Ind Inc in support of [43-1] motion for summary judgment (bjc) (Entered: 05/31/2001)
45 MOTION by Percy Simmons Jr, Melba Thomas to continue dft's mo for summary judgment (bjc) (Entered: 06/07/2001)
46 2nd MOTION by Percy Simmons Jr, Melba Thomas to compel site inspection and for sanctions (bjc) (Entered: 06/11/2001)
47 Reply by Percy Simmons Jr, Melba Thomas to dft's response to [37-1] mo seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 06/11/2001)
48 Advisory to the ct regarding consent decree by EEOC (bjc) (Entered: 06/14/2001)
49 Response by Trinity Ind Inc to plas' [45-1] motion to continue dft's mo for summary judgment (bjc) (Entered: 06/18/2001)
50 Response by Trinity Ind Inc to plas' [46-1] motion to compel site inspection and [46-2] motion for sanctions (bjc) (Entered: 06/18/2001)
51 ORDER granting [45-1] mo to cont dft's mo for summary judgment. Ordered that the discovery period is extended to 7/15/01. Ordered that the Docket Control Ord is modified for the limited purpose of extending the discovery period. Plas shall file their response to dft's mo for summary judgment by 7/20/01 ( signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)
52 ORDER granting [46-1] motion to compel site inspection and denying [46-2] motion for sanctions (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

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06/18/2001
06/18/2001
06/18/2001 06/18/2001
07/20/2001 07/23/2001 07/26/2001 07/27/2001 07/31/2001 08/06/2001 08/07/2001 09/07/2001 09/19/2001

53 ORDER denying in part [38-1] mo to reconsider and/or clarify portion of limited [34-1] ord granting plas' mo to compel site inspection w/ respect to waiver of liability against dft Trinity and granted in part w/ respect to the number of attys allowed at the site inspection (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)
54 ORDER granting [27-1] motion for leave to conduct additional depositions. Ordered that plas may take a total of 5 additional depositions to last 6 hrs each. Ordered that the additional depositions are limited to questions concerning plas' discrimination claims (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)
55 ORDER denying [37-1] motion seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)
56 Consent Decree. This Consent Decree is entered in full and complete settlement of the EEOC's claims in this lawsuit, and in EEOC charge nos. 330-99-2780, 330-99-2781, and 330-A1-0194. Trinity agrees to pay Tommy L Breed $28,000.00, less deductions and w/holdings required by law. Trinity agrees to pay Kenneth Bettis $32,000.00, less deductions and w/holdings required by law. Parties shall bear their own costs and attys' fees (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)
57 Response by Percy Simmons Jr, Melba Thomas to dft's [43-1] motion for summary judgment (bjc) (Entered: 07/23/2001)
58 MOTION by Percy Simmons Jr, Melba Thomas for leave to file response to dft's mo for summary judgment in excess of page limit (bjc) (Entered: 07/24/2001)
59 ORDER granting [58-1] motion for leave to file response to dft's mo for summary judgment in excess of page limit ( signed by Judge Thad Heartfield) cc: attys 7/27/01 (bjc) (Entered: 07/27/2001)
60 Unopposed MOTION by Trinity Ind Inc to extend period for filing reply brief to plas' resp to dft's mo for summary judgment (bjc) (Entered: 07/27/2001)
61 ORDER granting [60-1] motion to extend period for filing reply brief to plas' resp to dft's mo for summary judgment until 8/6/01 (signed by Judge Thad Heartfield) cc: attys 8/1/01 (bjc) (Entered: 08/01/2001)
62 Reply by Trinity Ind Inc to plas' response to dft's [43-1] mo for summary judgment (bjc) (Entered: 08/07/2001)
63 Objection by Trinity Ind Inc to pla's response to Trinity's [43-1] motion for summary judgment (bjc) (Entered: 08/07/2001)
64 Agreed MOTION by Trinity Ind Inc, Percy Simmons Jr., Melba Thomas to continue trial (bjc) (Entered: 09/10/2001)
65 ORDER granting [64-1] motion to continue trial; reset final pretrial conference for 11/19/01 before Judge Thad Heartfield . Ordered that the Docket Control Order [19-1] be amended to reflect the new trial date and pretrial deadlines (signed by Judge Thad Heartfield 9/18/01) cc: attys 9/20/01 (bjc) (Entered:

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09/20/2001 09/20/2001 10/02/2001 10/19/2001 10/19/2001 10/31/2001 11/05/2001 11/06/2001 11/06/2001 11/09/2001
11/14/2001
11/29/2001 11/29/2001 11/20/2002

09/20/2001)
Final Pre-trial conference set at 9:00 10/15/01 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 09/20/2001)
Jury selection set at 9:00 10/16/01 before Judge Thad Heartfield (jmv) (Entered: 09/20/2001)
66 Notice of supplemental disclosure by Percy Simmons Jr, Percy Simmons Jr. (rll) (Entered: 10/03/2001)
Final Pre-trial conference set at 9:00 11/19/01 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 10/19/2001)
Jury selection set at 9:00 11/20/01 before Judge Thad Heartfield (jmv) (Entered: 10/19/2001)
67 ORDER, setting settlement/closing papers due on 12/4/01 ( signed by Judge Thad Heartfield ) cc: attys 10/31/01 (fbc) (Entered: 10/31/2001)
68 MOTION by Trinity Ind Inc to enforce settlement and Brief (exhibits a,b,c,d & e attachments to motion filed under seal) (fbc) (Entered: 11/05/2001)
69 Response by Percy Simmons Jr., Melba Thomas to [68-1] motion to enforce settlement (fbc) (Entered: 11/07/2001)
69 MOTION by Percy Simmons Jr., Melba Thomas for release of settlement funds , and for expedited hearing (fbc) (Entered: 11/07/2001)
70 AGREED ORDER (1) denying [68-1] motion to enforce settlement; denying [69-1] motion for release of settlement funds and denying [69-2] motion expedited hearing. (2) Court orders that parties shall sign the proposed General Releases and Covenants Not to Sue as drafted exept that the releases shall be revised in accordance with this order (3) In substitution of chekcs nos 958550 and 958849 dft shall re-issue two checks payable to plas and their cnsl, for the agreed lump sum settlement proceeds. (4) In substitution for check no 958851, dft shall re-issue the agreed payroll check and make payable to Percy Simmons. Check shall be received by pla's cnsl. (5) Upon receipt of settlement funds pla shall file w/court a dismissal w/prejudice all claims (6) Checks nos 958850, 958849, 958851 are null and void and are to be released. (7) The parties are each responsible for their own costs and attorneys fees. ( signed by Judge Thad Heartfield 11/9/01) cc: attys 11/15/01 (fbc) (Entered: 11/15/2001)
71 ORDER that the clerk immediately return to the defendants at defendant's cost, the checks enclosed in the envelopes attached as Exhibit "E" to dft's motion to enforce settlement and brief in support [doc no 68].( signed by Judge Thad Heartfield ) cc: attys 11/15/01 (fbc) (Entered: 11/15/2001)
72 Stipulation of dismissal w/prejudice, all claims against dft in this action, w/ costs taxed against each party incurring same by plas Melba Thomas and Percy Simmons (bjc) (Entered: 11/30/2001)
Case closed (bjc) (Entered: 01/17/2002)
Shipped to FRC on 10/28/02 Accession number: 021-03-0019, Location K3309734 Box 51 of 61 (bca) (Entered: 11/20/2002)

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[CONTENT] August 2000 | the Houston District Office | EEOC | Trinity Industries, Inc. | the U.S. District Court | the Eastern District | Texas ||| EEOC ||| Title VII of the Civil Rights Act | 1964 ||| Two | October 2000 ||| EEOC | May 2001 ||| EEOC | June 2001 ||| late November 2001 ||| two-year | EEOC ||| six | 60,000 | two [SUMMARY] In August 2000, the Houston District Office of the EEOC brought this suit against Trinity Industries, Inc. in the U.S. District Court for the Eastern District of Texas.  We do not have a copy of the EEOC's complaint.  However, the intervenors' complaint alleged that the defendant discriminated on the basis of race in violation of Title VII of the Civil Rights Act of 1964 by failing to promote the charging parties, Black employees, because of their race and retaliating against them for their complaints of the discrimination by negatively affecting the terms and conditions of their employment.  Two of the charging parties intervened in the suit in October 2000.  After some discovery disputes, the EEOC and the defendant appear to have reached a tentative settlement agreement in May 2001.  However, the EEOC and the defendant reached a final settlement in June 2001 through a consent decree.  It appears that the intervenors and the defendant did not settle until late November 2001 when they voluntarily dismissed the case.

The two-year consent decree between the EEOC and the defendant contained non-discrimination and non-retaliation clauses.  In addition, it required the defendant to: post a non-discrimination notice, provide Title VII training for its human resources personnel, inform one of the charging parties of any job vacancies, fund six academic scholarships, distribute the consent decree, expunge the charging parties' personnel files from all references to the charges of discrimination, provide the charging parties with a neutral employment reference, and pay $60,000 to be divided between two individuals.

