Barker et al v. Halliburton Company et al

Filing 25

MOTION to Abate by Tracy K Barker, Galen D Barker. (Attachments: # 1 Text of Proposed Order )(Kelly, Lannie) Modified on 7/23/2007 (bjc, ).

Barker et al v. Halliburton Company et al

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Case 1:07-cv-00294-TH

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS (BEAUMONT DIVISION) TRACY K., AND GALEN D. BARKER Plaintiffs, vs. HALLIBURTON COMPANY d/b/a KBR KELLOGG BROWN & ROOT (KBR); KELLOGG BROWN & ROOT SERVICES, INC.; KELLOGG BROWN & ROOT INTERNATIONAL, INC.; KELLOGG BROWN & ROOT, LLC; KELLOGG BROWN & ROOT, INC.; KELLOGG BROWN & ROOT, S. de R.L.; KELLOGG BROWN & ROOT (KBR), INC.; KBR TECHNICAL SERVICES, INC.; ALI MOKHTARE; SERVICE EMPLOYEES INTERNATIONAL, INC.; and THE UNITED STATES OF AMERICA Defendants. § § § § § § § § § § § § § § § § § § § §

CIVIL ACTION NO. 1:07-CV 0294

JURY TRIAL DEMANDED

PLAINTIFFS' MOTION TO ABATE COMES NOW, Plaintiffs, Tracy and Galen Barker, by and through her attorneys, and requests this honorable Court grant this motion to abate the Title VII claims in this case, and states the following in support thereof: 1. The Barkers commenced this action by filing a complaint against the Defendants

named herein on May 18, 2007. The complaint asserted several negligent and intentional torts against the Defendants that were due to expire pursuant to the applicable statute of limitations in June 2007. 2. Additionally, the Barkers asserted two Title VII counts against the defendants

Halliburton Company, Kellogg Brown and Root, et al, and Service Employees International

Dockets.Justia.com

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(hereinafter "Employers"), specifically for violations of the Civil Rights Act of 1964 §703(a) and 42 U.S.C.A. §2000(e)2(a). 3. Prior to filing the complaint, Tracy filed an official charge with the U.S. Equal

Employment Office (U.S. EEOC) against the Employers on January 23, 2006. The U.S. EEOC has an on-going investigation and, to date, has not yet made its final determination on the claims. 4. The Barkers filed the complaint in May 2007 to avoid being barred by the statute of

limitations on the negligence claims and included the Title VII claims to avoid the possibility of being barred from amending to add the claims once the U.S. EEOC had made its final determination. 5. Employers have filed an answer and a motion to dismiss or transfer this case based

on improper venue. In the motion to dismiss or transfer, the Employers have attempted to preserve a right to file a motion to compel arbitration once this Court has ruled on the venue motion.1 Clearly, such preliminary matters raised by the Employers will continue to stall formal proceedings well beyond the time frame within which the U.S. EEOC is likely to render a final determination. 6. Therefore, the Defendants will not be prejudiced nor will the case be delayed if the

Title VII claims are held in abatement considering the numerous motions they are almost certain to file over the next several months. WHEREFORE, Plaintiffs respectfully request that this honorable Court order the Title VII claims held in abatement until a final determination is made by the EEOC or any other relief this Court deems appropriate. Respectfully submitted,

1

See Defendants KBR, Halliburton, and SEII's Motion to Dismiss for Improper Venue, or, in the alternative, to T r a n s fe r in the Interest of Justice and for the Parties' Convenience, 6/11/07, Pg. 2 at fn. 3.

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/s/ L. Todd Kelly L. Todd Kelly TH E KELLY LAW FIRM, P.C. Texas Bar No. 24035049 One Riverway, Suite 1150 Houston, Texas 77056 Tel. [phone] Fax. [phone] Paul Waldner VIC K ER Y , WALDNER & MALLIA, L.L.C. One Riverway, Suite 1150 Houston, Texas 77056 Tel. [phone] Fax. [phone] & Stephanie M. Morris AT T O RN EY AT LAW Member of D.C., MD and PA. Bars 1660 L. Street, N.W., Suite 506 Washington, D.C. 20036 Tel. [phone] Fax. [phone] ATTO R N E Y S FOR PLAINTIFF, TRACY BARKER CER TIFIC A TE OF SERVICE I hereby certify that all counsel of record were served by electronic means through the PACER; CM/ECF electronic filing system on this 23rd day of July, 2007. /s/ L. Todd Kelly