IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

~ o~ T.~

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
TEXAS COAST WAFFLES, INC. d/b/a WAFFLE HOUSE #1381 Defendant.

CIVIL ACTION NO.
11-04 -370
JURY TRIAL DEMANDED

ORIGINAL COMPLAINT 1. This is an action under Title VII of the Civil Rights Act of 1964, as amended, and Title I of the Civil Rights Act of 1991, as amended, to correct unlawful employment practices on the basis of sex, and to provide appropriate relief to Joan Vandewarker and a class of female employees who were adversely affected by such practices. The Defendant, Texas Coast Waffles, Inc. d/b/a Waffle House #1381 unlawfully denied female employees equal employment opportunities by subjecting them to sexual harassment in violation of Title VII. Additionally, Defendant unlawfully terminated Ms. Vandewarker in retaliation for complaining to management about the sexual harassment.
JURISDICTION AND VENUE 2. Jurisdiction of this court is invoked pursuant to 28 U.S.C. {}{}451,1331,1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 706 (f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. {}2000e-5(f)(1) and (3) ("Title VII") and Section 102 of the Civil Rights Act of 1991, as amended, 42 U.S.Co {}1981A.

3. Venue is proper in this court because the unlawful employment practices alleged below were and are now being committed within the jurisdiction of the United States District Court for the Southern District of Texas, Houston Division.
PARTIES 4. Plaintiff, the Equal Employment Opportunity Commission ("Commission") is an agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706 (f)(1) and (3), 42 U.S.C. §2000e-5 (f)(1) and (3). 5. Defendant Texas Coast Waffles, Inc. d/b/a Waffle House #1381 ("Waffle House") has continuously been and is now doing business in the State of Texas and the City of Seabrook and has continuously had more than 15 employees. Waffle House may be served with process by serving its registered agent in Texas, Larry Cannon, 1803 W. Main Street, League City, Texas 77573. 6. At all relevant times, Waffle House has continuously been an employer engaged in an industry affecting commerce with the meaning of Sections 701(b),(g) and (h) of Title VII, 42 U.S.C. §2000e(b), (g) and (h).
STATEMENT OF CLAIMS 7. More than thirty days prior to the institution of this lawsuit, Joan Vandewarker filed a charge of discrimination with the Commission alleging violation of Title VII by Waffle House, her former employer. All conditions precedent to the institution of this lawsuit have been fulfilled.
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8. Since at least 2001, Waffle House has engaged in unlawful employment practices at its restaurant #1381 located in Seabrook, Texas, in violation of Sections 703(a)(1) and 704(a) of Title VII.
9. Waffle House, by and through its agent, Corey Ritnour, a manager at the restaurant, subjected Ms. Vandewarker and other female employees to unwelcome sexual propositions and comments, sexual gestures, and offensive touching because of their sex, female. Specifically, among other things, Mr. Ritnour told female employees that he wanted them to engage in anal sex with him, requested female employees to touch his penis, forcibly made one female place her hand on his penis, made offensive comments about the breasts and buttocks of female subordinates, made offensive comments about his sex life to female employees and used sexually explicit language and gestures and engaged in other inappropriate workplace behavior. The sexual harassment was repeatedly reported to management at Waffle House, yet no effective action was taken to halt the harassment. At least one female employee, when she complained to management about the sexual harassment, was merely advised to avoid him. The complained of conduct was so sexually hostile and occurred with such frequency and severity that it affected the terms, conditions, benefits and privileges of employment and created a hostile work environment.
10. Ms. Vandewarker, as other women had before her, complained to management about the sexual harassment. As a result of her complaint, the hours she worked were cut and she was told that the restaurant had no hours for her any longer. She was informed that she was being terminated, that no one supported her complaint. Other women felt compelled to resign their employment with Waffle House in order to escape the
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sexually hostile work environment. 1 1. Ms. Vandewarker and other female employees were subjected to a series of
separate, harassing acts that collectively constituted an unlawful employment practice. 12. The unlawful employment practices complained of above were intentional
and based on the gender of Ms. Vandewarker and the other female employees. 13. The effect of the practices complained of above has been to deprive Ms.
Vandewarker and other female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their gender, by requiring them to be subjected to sexual harassment in the workplace.
14. The unlawful employment practices described above were committed with malice or with reckless indifference for the federally protected civil rights of Ms. Vandewarker and other female employees.
PRAYER FOR RELIEF WHEREFORE, the Commission respectfully requests that this Court: 15. Grant a permanent injunction enjoining Waffle House, its officers, successors, assigns and all persons in active concert or participation with it, from engaging in employment practices which discriminate on the basis of sex; 16. Order Waffle House to institute and carry ouptolicies, practices and procedures which provide equal employmenotpportunities for women and which eradicates the sexually hostile work environment; 17. Order Waffle House to make MsV. andewarker whole by providing appropriate back pay, with prejudgment interest in amounts to be determined at trial, and
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other affirmative relief necessary to eradicate the effects of the unlawful employment practices she was subjected to;
18. Order reinstatement into a comparable position for Ms. Vandewarker or award front pay in the amounts to be proven at trial if reinstatement is impractical;
19. Order Waffle House to make whole those females who were constructively discharged from their employment as a result of the sexual harassment by providing appropriate back pay, with prejudgment interest in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of the unlawful employment practices they were subjected to;
20. Order reinstatement into comparable positions for each of the class of females who were constructively discharged from their employment as a result of the sexual harassment or award front pay in the amounts to be proven at trial, if reinstatement is impractical;
21. Order Waffle House to pay compensatory damages to Ms. Vandewarker and to each of the class of females subjected to sexual harassment in the workplace for their past and future pecuniary losses resulting from the unlawful employment practices described above;
22. Order Waffle House to pay compensatory damages to Ms. Vandewarker and to each of the class of females subjected to sexual harassment in the workplace for their past and future non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses they suffered as a result of the unlawful employment practices described above, in amounts to be proven at trial;
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23. Award punitive damages to Ms. Vandewarker and to each of the class of female employees of Waffle House subjected to the unlawful employment practices described above, in amounts to be proven at trial;
24. Award pre-judgment and post-judgment interest on all ~imounts recovered as allowed by law;
25. Order all affirmative relief necessary to eradicate the effects of its unlawful employment practices;
Award the Commission its costs in this action; and Grant such other and further relief as the Court deems necessary and proper.
JURY TRIAL DEMANDED 28. The Commission requests a jury trial on all questions of fact raised by its complaint.
Respectfully submitted, EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION ERIC S. DREIBAND General Counsel JAMES L. LEE Deputy General Counsel GWENDOLYN YOUNG REAMS Associate General Counsel 1801 L. Street, N.W. Washington, D.C. 20507
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OF COUNSEL
JReglonal Attorney HoUston District Office 1919 Smith, 7th Floor Houston, Texas 77002 (713) 209-3398 Fax: (713) 209-3402

By: ~ath~y .l~outchee((’ Attorney-in-Charge TBN: 02717500 SDN: 10145 Houston District Office 1919 Smith Street, 7th Floor Houston, Texas 77002 (713) 209-3399 Fax: (713) 209-3402
ATTORNEYS FOR PLAINTIFF

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JS 44

(Rev. 07/89)

@

CIVIL COVER SHEET

/

The JS 44 civil cover sheet and the [nfonnatlon contained herein neithc’?"~cplace nor supplement the filing and service of pleadlngs or other papers’~l~qulred by law, except as provided by local roles of ourt. This form,

approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the pu~ose ofinitiatlng the civil docket sheet. (SEE INSTRUCTIONS ON Tile REVERSE OF THE FORM.)

l(a) PLAINTIFFS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEFENDANTS TEXAS COAST WAFFLES, INC. d/b/a WAFFLE tlOUSE #1381

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
~____~ EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED

(C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

A’"ORNEYS (,F ,~NO,~)

~ Ka[hy Boutchee, Senior Trial Attorney EEOC-Houston District Office 1919 Smith Street, 7th Floor

It - 0 4 - g 7 0 5

~ Houston, Texas 77002 (713) 209-3399

~._1{.~

II. BASIS OF JURISDICTION

(PLACE AN x ~ ONE, BOX oNLY)

(For Diversi~ Cases Only) FOe PI,A~IFF ~ O~ BOX FOR DEFE~I)

[x] I U.S. Government Plaintiff
(] 2 U.S. Government Defendant

[] 3 Federal Question (U S. Oovemmant Not a Party)
[] 4 Diversity (Indicate Citizenship of Parties iB Item 111)

PTF DEF

~F DEF

Citizen ofThis State []i []1 Incorporated or Princ[pal Place []4 []4 of Business in Thb State

Citizen of Another State [ ] 2 [ ] ~ Incorporated and Principal Place [ ] 5 [ ] 5 of Business in Another State

Citizen or Subject ofa []3 []3 Foreign Nation Foreign Count~

[]6 []6

IV. CAUSE OF ACTION (cnE~m~ u s, civil STATUTE UNq)ER WHICll YOU ARE FILING AND WR]TE A BREF STATEME~r OF CAUSE DO NOT CITE JURISDICTiONAl, STATUTES UNLESS DIVERSITY ) Texas Coast Waffles, Inc. d/b/a WatTle House #1381 subjected Joan Vandewarker and a class of female employees to discriminatory treatment by unlawfully denying female employees equal employment opportunities by subjecting them to sexual harassment in violation of Title VII and unlawfully terminating Ms. Vandewarker in retaliation for complaining to management about sexual harassment..

V. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)

CONTRACT

TORTS

[] 110 huurance [] I20 [] 130
[] 160 s~old:~’
[] 19o ~c~,
REAL PROPERTY
.[] [] z2o ,,o,.l
[] 230 "°" ~’°~
[] 240 T,)~ ~,, LaRd [] 245 Ton ~t
[] 290 m ~

PERSONAL INJURY
[] Rio
[] 315 Airplane Pr~u~t Lmbdlty [] 320 ~..ua. L*t~l & Slan~ [] 330 F~I E,npl~’ [] 340 Mma¢ [] 345 ~n.~ ~. Lmb,hty
[] 3s0 ~o~,~,~,~ [
] 3S5 Mo~r Veh*cte Liabthly
[] 360 ~
CIVIL RIGHTS
[] 441 Voting IX] 442 Emplaymem [] 443 Homm~/Accomraodatlons [] 444 wdrar¢ [] 440 OtherCi’al

PERSONAL INJURY
[1 ~6~pMers.o,~nal.l.n.j.u.o,-
[] 365P~emnbonxh.ltyInjury..P,~luct
PERSONAL PROPER~
n ~7o ~
[] 371 T~m~n ~d’ng [] 380 ~
[1 ~t,,~
PRISONER PETITIONS

FORFEITURE/PENALTY
[] 610 Agncuhur¢
[] 620 o~o~ D~a
[] 6P2ro5p~~tyR21©Ul.SlCcd88S1 .....
[] 630 L~ ~w~ [] 640 R,~ & ~k
[] 650 m,.,~ ~. [] 660 ~’~"~ s.r~tya
[1 690 ~
LABOR

BANKRUPTCY
[] 422 Appeal28 USC 158 [] 423 W~thdrawul 2S USC 157
PROPERTY RIGHTS
[] 820 Copyn~ht~
[] 830
[] 840
SOCIAL SECURITY

[] 710 Fa~ Labor Standard~ Act
[] 720 L~o,,U~,, Ra,~
[] 730~’ R~m8
[] 740 ~’1~Y ~ A¢~ [] 790 ~ ~ Lmpn~
[] 79[c~mpl R~ [n~, Scoumy

[] 861 [] 862 Black I.un~ (923) [] 863 I)IWC,’DIWW [] 864 SSIDTflI~XVI [] 865 RS[ (405(~))
FEDERAL TAX SUITS

]~ 8157~0fcTnadxanels) (U S Platntlffot [] 871 IRS-ThudPamy26USC7609

OTHER STATUTES
[] 430 Banks sad Bankms
[] 450 c~..~,~cc
[] 460
[] 4~0 ~’~
[[]]81~0s~p)~~’~’~’~
[] 87s c..,o.,~ c~.~¢
[] a~ ~ .....
[] 895 ~
A~ or F~ ~Oon []
[] 950 c~.~.~,~,~ ofs~. s:,~

VI. ORIG IN
Ix] I Original Proceeding

(PLACE AN x IN ONE BOX ONLY)

[] 2 Removed from

[] 3 Remanded from

State Court

Appellate Court

[] 4 Reinstated or Reopened

Transferred from [] 5 another district (spectf~’)

Appeal to Dis~ct

[] 6 Multidis~ict

[] 7 Judge from

Litil~ation

Magistrate Judgment

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION COMPLAINT: I] UNDER F.R.C.P. 23

VIII. RELATED CASE(S) IF ANY <s~ ........

)

DEMAND $
JUD.qE

Check YES only if demanded in complaint: JURY OE.ANI), IX] YES [] NO
DOCKET NUMBER

UNITED STATES DISfRICT COURT

 </s> .'

Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Plaintiff
v.
TEXAS COAST WAFFLES, INC. d/b/a WAFFLE HOUSE #1381 Defendant.

§
§ § CIVIL ACTION NO. H-04-3705
§ § §
§ JURY TRIAL DEMANDED
§ §

CONSENT DECREE

Plaintiff, the United States Equal Employment Opportunity Commission

("Commission") and Defendant, Texas Coast Waffles, Inc. d/b/a Wafflehouse #1381

("Defendant"), agree to entry of this Consent Decree.

I.

Background and History of Proceedings

A. Charging Party Joan Vandewarker ("Charging Party") filed a charge of

discrimination with the Commission (Charge No. 330-200-03179) alleging Defendant

violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et seq.

("Title VII").

B. On August 12,2004, after investigating the Charge and finding discrimination,

the Commission commenced this action alleging that Defendant's conduct constituted

sexual harassment in violation of Section 703 (a) of Title VII. The Commission also alleged

that Defendant had retaliated against Charging Party in violation of Section 704 (a) of Title

VII.
c.

Defendant denied the allegations of sexual harassment and retaliation.

Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 2 of 7

D. The parties wish to avoid the risks, uncertainties and expensl9s of continued

litigation. Accordingly, the parties have agreed to settle this lawsuit. Defendant's consent

to the entry of this decree nor any of the terms set forth in it shall not constitute or be

construed as an admission of any Title VII violation. Both parties agree that this Consent

Decree is being entered into for the sole purpose of compromising disputed claims without

the necessity for protracted litigation.

E. The Commission and Defendant stipulate to the jurisdiction of the Court and

the satisfaction of all administrative prerequisites. The parties further waive hearing and

entry of findings of fact and conclusions of law on all issues.

IT IS ORDERED that:

1.

This Consent Decree is entered in full and complete settlement of any and

all claims arising out of or asserted in Civil Action No. H-04-3705 and the above-

referenced Charge on behalf of Joan Vandewarker and class of unidentified female

employees described in the Complaint.

2.

Defendant and all of its employees and/or agents associated with it agree

they will not engage in any employment practices which violate Titll~ VII of the Civil

Rights Act of 1964 with respect to compensation, terms. conditions or privileges of

employment because of such individual's sex and will not retaliate against any

individual who has opposed any practice made an unlawful employment practice

under Title VII or who has made a charge, testified. assisted, or paliicipated in any

manner in an investigation, proceeding or hearing under Title VII.

3.

Annually. for two years for the date of entry of this Decree, Defendant will

provide, using an attorney from Ford and Harrision, L.L.LP., a program on

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Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 3 of 7

employment discrimination, including the law relating to sexual harassment and

retaliation, to all management, human resources professionals and supervisory

employees of Defendant. The minimum duration of each training shall Ioe two (2)

hours. The first such training shall be competed within six (6) months from the date

the Consent Decree is entered. Defendant shall submit to the EEOC, each year at

least thirty days in advance of the program, the name of the program provider and

a curriculum outline indicating the information to be addressed during thl~ program

and copies of all agendas and materials to be distributed at the trainin~J seminar.

The person who shall administer the training will be attorney(s) possessing at least

three years of experience in labor and employment law. The presente!r must be

approved by the EEOC through its counsel. Written acknowledgment of receipt of

the training shall be obtained by Defendant from all individuals attending the training

and retained among the employment records of defendant and also copil3s shall be

forwarded to the EEOC within one month of the delivery of the training.

4.

Defendant has represented that it has terminated the employment of Corey

Ritnour, the manager of the restaurant at issue in this suit. For the tE~rm of this

Decree, Defendant agrees that it shall not permit Corey Ritnour to be employed in

any capacity by Texas Coast Waffles, Inc. or any other company or restaurant

which Defendant owns either in whole or part. Nor may Mr. Ritnour be associated

with the Defendant as an owner, consultant or contractor.

5.

Defendant agrees that within ten days after entry of this Decree it will

conspicuously post the attached notice (Exhibit "An) in an area accessible to all

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Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 4 of 7

employees at each of the locations owned by Texas Coast Waffles, Inc. for a period

of two years from the date the Decree is signed.

6.

Defendant agrees to segregate in a separate, confidential folder all

documents related to Joan Vandewarker's charge of discrimination and the

Commission's lawsuit. These documents shall not be part of her personnel file.

Further, Defendant agrees not to reference any of the following to any potential

employer of Ms. Vandewarker her charge of discrimination, the Commission's

lawsuit, or this Consent Decree entered in the Commission's lawsuit.

7.

Defendant agrees to pay the total sum of TEN THOUSAND AND NO/100

DOLLARS ($10,000.00) in full and final settlement of the Commission's lawsuit to

provide monetary relief to Joan Vandewarker Said sum shall be paid within fourteen

(14) days from the date of entry of the Decree. The Commission shall notify

Defendant, within seven (7) days of entry of the Decree of the address to which the

check to Ms. Vandewarker will be mailed. A copy of the check disbursE!d shall be

mailed to the Commission's undersigned counsel of record on the same day the

check is mailed to the Charging Party.

8.

The sums payable to the Charging Party may be subject to federal or state

income tax. Defendant agrees to issue Internal Revenue Service ("II~S") Form

1099 or an equivalent form to Charging Party for all sums paid pursuant to this

Consent Decree. The Charging Party will be responsible for paying any federal,

state or local taxes, including federal income tax that may be due on the

aforementioned monetary award. Defendant and the Commission agnee that the

sums paid pursuant to this Decree are for personal damages and emotional

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Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 5 of 7

distress. Defendant makes no representation as to the tax status of the funds

being paid herein.

9.

Each party to this action shall bear their own costs and attorney's fees.

10.

This Consent Decree shall be binding on Defendant and all of Defendant's

successors-in-interest, and Defendant will notify all such successors-in-interest of

the existence and terms of this Consent Decree.

11.

This Decree shall remain in effect for two years from the date of signing.

During the period that this Decree shall remain in effect, the Court shall retain

jurisdiction to assure compliance with this Decree and to permit entry of such further

orders or modifications as may be appropriate. The Commission is specifically

authorized to seek Court-ordered enforcement of this Decree in thE! event of a

breach of any of the provisions herein.

12.

The Commission agrees that, in the event the Commission believes

Defendant is in violation of any provision of this Consent Decree, the Commission

shall notify Defendant of such violation and afford Defendant the opportunity to

remedy as may be appropriate any such alleged violation within 30 days of such

notice, before instituting any legal action to enforce such provision(s).

13.

Nothing in this Consent Decree shall be construed to preclude the

Commission from filing a separate action under Title VII or any other statute which

the Commission enforces in the future for any alleged violations by DE~fendant not

resolved by this Decree.

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Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 6 of 7
Signed this Texas.

AGREED AND CONSENTED TO:

ATTORNEY FOR PLAINTIFF

EQUAL EMPLOYMENT OPPORTUNITY

C9MMISSION .

\
I

I.i !

'
~

.'

By:

/.

I,'

I i ! ,~J(.i''-'-"---

Kat y . Boutche~

TBN: 02717500

SON: 10145

Equal Employment Opportunity

Commission

1919 Smith Street, 7th Floor

Houston, Texas 77002

(713) 209-3399

Fax: (713) 209-3402

ATIORNEY FOR DEFENDANT
HOUST1 TEXAS COAST WAFFLES, INC. d/b/a WAFFLE
rW By: (VI Q(11 ~rf/' Michael Maslanka TBN: 13148800 Theresa M. Gegen TBN: 00793791 Ford & Harrison, L.L.P. 1601 Elm St., Suite 4450 Dallas, Texas 75201 (214) 256-4700 Fax: (214) 256-4701

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Case 4:04-cv-03705 Document 21-2 Filed 02/06/2006 Page 7 of 7

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Houston District Office

Mickey Leland Federal Building 1919 Smith Street, 7th Floor Houston, TX 77002-8049 (713) 209-3320 TTY (713) 209-3439 FAX (713) 209-3381

NOTICE TO THE EMPLOYEES OF TEXAS COAST WAFFLES, INC.

THIS NOTICE IS POSTED PURSUANT TO A CONSENT DECREE BETWEEN THE EEOC AND TEXAS COAST WAFFLES, INC. REGARDING SEXUAL HARASSMENT AND DISCRIMINATION IN THE WORK PLACE PURSUANT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED.
1. Federal law requires that there be no discrimination against any employee or applicant for employment because ofthe employee's sex, race, color, religion, national origin, age or disability with respect to compensation, hiring or other terms, conditions or privileges of employment.
2. TEXAS COAST WAFFLES, INC. supports and will comply with such Federa.l law in all respects and will not retaliate or take any action against current or former employees because they have exercised their rights under the law by filing charges with the Equal Employment Opportunity Commission (EEOC), providing information to the EEOC, and/or participating in any maImer with an EEOC investigation or lawsuit or provided information during the company's investigation of any discrimination or harassment complaint..
3. lEXAS COAST WAFFLES, INC. expressly prohibits sex discrimination and sexual harassment and will not engage in any employment practices that have the effect of creating or tolerating ahostile environment for employees because oftheir sex. At TEXAS COAST WAFFLES, INC., such discriminatory employment practices will not be tolerated. TEXAS COAST WAFFLES, INC. will promptly investigate any claims of unlawful discrimination or harassment and will take appropriate action as indicated by the results of its investigation.
4. Any employee who feels they have been the target of such discrimination or har<,lssment is advised to report this action promptly to Michael Maslanka or Theresa Gegen or Melissa Rye at Ford & Harrison, LLP., 1601 Elm Street, Suite 4450, Dallas, Texas 75201, (214) 256-4700.
SIGNED this ___ day of _ _ _ _ _ _ _ _ _ _, 2006.

Larry Cannon, President TEXAS COAST WAFFLES, r'JC.
This OFFICIAL NOTICE shall remain posted for two full years from date of signing.
"EXHIBIT A"

 </s> DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?975939444216843-L_3...

U.S. District Court SOUTHERN DISTRICT OF TEXAS (Houston) CIVIL DOCKET FOR CASE #: 4:04-cv-03705

CLOSED

Equal Employment v. Texas Coast Waffles Inc Assigned to: Judge Nancy F. Atlas Cause: 28:451 Employment Discrimination
Plaintiff Equal Employment Opportunity Commission

Date Filed: 09/23/2004 Date Terminated: 02/09/2006 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff
represented by Kathy D Boutchee EEOC 1919 Smith St 7th Floor Houston, TX 77002 713-209-3399 Fax: 713-209-3402 fax Email: kathy.boutchee@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Texas Coast Waffles Inc doing business as Waffle House #1381

represented by Michael P Maslanka Ford & Harrison LLP 1601 Elm St Ste 4450 Dallas, TX 75201 214-256-4700 Fax: 214-256-4701 Email: mmaslanka@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theresa M Gegen Ford & Harrison LLP 1601 Elm St Ste 4450 Dallas, TX 75201 214-256-4700 Fax: 214-256-4701 Email: tgegen@fordharrison.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?975939444216843-L_3...

Date Filed 09/23/2004 09/23/2004
09/24/2004 10/12/2004 10/15/2004 11/01/2004 11/01/2004 01/13/2005 01/21/2005
01/21/2005
01/21/2005 04/14/2005
04/18/2005

#

Docket Text

1 COMPLAINT against Texas Coast Waffles Inc (Filing fee $ 150) filed by Opportunity Commission Equal Employment.(hlerma, ) (Entered: 09/23/2004)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons Initial Conference set for 1/21/2005 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas. Parties notified.(hlerma, ) Additional attachment(s) added on 9/24/2004 (hlerma, ). (Entered: 09/24/2004)
Summons Issued as to Texas Coast Waffles Inc , filed.(hlerma, ) (Entered: 09/24/2004)
3 CERTIFICATE OF INTERESTED PARTIES by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 10/12/2004)
4 SUMMONS Returned Executed. Texas Coast Waffles Inc served on 10/11/2004, answer due 10/31/2004, filed.(sfedele, ) (Entered: 10/21/2004)
5 ANSWER and Affirmative Defenses to Pltfs Complaint, by Texas Coast Waffles Inc, filed.(psmith, ) (Entered: 11/01/2004)
6 CERTIFICATE OF INTERESTED PARTIES by Texas Coast Waffles Inc, filed.(psmith, ) (Entered: 11/01/2004)
7 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Equal Employment Opportunity Commission, filed.(Boutchee, Kathy) (Entered: 01/13/2005)
8 SCHEDULING ORDER: ETT: 4 days. Jury Amended Pleadings due by 2/28/2005 Joinder of Parties due by 2/28/2005 Pltf Expert Report due by 5/31/2005 Deft Expert Report due by 6/30/2005 Discovery due by 7/29/2005 Dispositive Motion Filing due by 9/16/2005 Non-Dispositive Motion Filing due by 9/16/2005 Mediation due by 8/31/2005 Joint Pretrial Order due by 10/21/2005 Docket Call set for 10/28/2005 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(bthomas, ) (Entered: 01/25/2005)
9 MINUTE ENTRY ORDER: Pretrial Conference held. Appearances: Kathy Boutchee for Plaintiff, Teresa Geden for Defendant. ERO: E. Spencer..Docket control order to follow.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 01/25/2005)
10 NOTICE of Change of Address by Ford & Harrison LLP, counsel for Texas Coast Waffles Inc, filed. (sfedele, ) (Entered: 01/25/2005)
11 Unopposed MOTION for Extension of Time Docket Control Order Deadlines by Equal Employment Opportunity Commission, filed. Motion Docket Date 5/4/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 04/14/2005)
12 ORDER GRANTED 11 Unopposed MOTION for Extension of Time Docket Control Order Deadlines Agreed Mediator due by 11/30/2005 Deft Expert Report

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?975939444216843-L_3...

10/21/2005 10/25/2005
11/17/2005 11/17/2005 11/17/2005 11/28/2005 11/28/2005 11/30/2005 02/06/2006 02/07/2006

due by 9/30/2005 Discovery due by 10/31/2005 Dispositive Motion Filing due by 12/16/2005 Joint Pretrial Order due by 3/17/2006 Mediation due by 11/30/2005 Pltf Expert Report due by 8/31/2005 Docket Call set for 3/24/2006 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 04/18/2005)
13 UNOPPOSED MOTION for Extension of Time for Docket Control Order Deadlines by Texas Coast Waffles Inc, filed. Motion Docket Date 11/10/2005. (Attachments: # 1 Proposed Order)(svaught, ) (Entered: 10/24/2005)
14 ORDER GRANTING 13 MOTION for Extension of Time for Docket Control Order Deadlines Agreed Mediator due by 1/13/2006 Discovery due by 12/15/2005 Dispositive Motion Filing due by 1/30/2006 Joint Pretrial Order due by 5/12/2006 Docket Call set for 5/19/2006 at 04:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 10/25/2005)
15 MOTION to Compel Discovery Requests by Texas Coast Waffles Inc, filed. Motion Docket Date 12/7/2005. (Attachments: # 1 Appendix Defendant's Appendix of Evidence in Support of Motion to Compel)(Gegen, Theresa) (Entered: 11/17/2005)
16 PROPOSED ORDER re: 15 MOTION to Compel Discovery Requests, filed.(Gegen, Theresa) (Entered: 11/17/2005)
17 ORDER Setting Hearing on 15 MOTION to Compel for 12/7/2005 at 01:00 PM in Courtroom 9F before Judge Nancy F. Atlas.( Signed by Judge Nancy F. Atlas ) Parties notified.(TDR) (Entered: 11/17/2005)
18 This entry has been re-filed with corrected images as 19. Unopposed MOTION for Extension of Time Discovery Deadline by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/19/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) Modified on 12/7/2005 (ltien, ). (Entered: 11/28/2005)
19 Unopposed MOTION for Extension of Time The Discovery Deadline by Equal Employment Opportunity Commission, filed. Motion Docket Date 12/19/2005. (Attachments: # 1 Proposed Order)(Boutchee, Kathy) (Entered: 11/28/2005)
20 ORDER Granting 18 Unopposed MOTION for Extension of Time Discovery Deadline, 19 Unopposed MOTION for Extension of Time The Discovery Deadline Discovery due by 1/16/2006.( Signed by Judge Nancy F. Atlas ) Parties notified.(sashabranner, ) (Entered: 12/01/2005)
21 AGREED MOTION for Entry of Consent Decree by all parties, filed. Motion Docket Date 2/27/2006. (Attachments: # 1 Proposed Order)(jmarchand, ) (Entered: 02/07/2006)
22 ORDER granting 21 Motion for Entry of Consent Decree .( Signed by Judge Nancy F. Atlas ) Parties notified.(jmarchand, ) (Entered: 02/08/2006)

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DC CM/ECF LIVE- US District Court-Texas Southern - Docket Report

https://ecf.txsd.uscourts.gov/cgi-bin/DktRpt.pl?975939444216843-L_3...

Transaction Receipt

07/30/2007 13:47:25

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Client Code: eeoc

Description: Docket Report Search Criteria: 4:04-cv-03705

Billable Pages: 2

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[CONTENT] The Houston Office of the EEOC | the U.S. District Court | the Southern District | Texas ||| Defendant | Texas Coast Waffles ||| Title VII of the Civil Rights Act | 1964 ||| September 2004 | February 2006 ||| 10,000 ||| Notice ||| two years ||| 2 years ||| 2008 [SUMMARY] The Houston Office of the EEOC filed this action in the U.S. District Court for the Southern District of Texas.  The Defendant was Texas Coast Waffles, a restaurant chain.  The controversy involved alleged harassment, retaliation and termination of the complainant based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in September 2004 and was resolved by consent decree in February 2006.  The complainant, who did not intervene in the case, was awarded $10,000, a guarantee of no mention of the incident in her personnel file, and a guarantee of neutral reference.  In addition, the company was required to provide training, to post a Notice, and to prohibit itself from hiring back the manager who allegedly harassed the complainant for the duration of the consent decree.  The decree was to last for two years. The terms of the agreement were to run for 2 years. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

