Jones, Et Al v. Halliburton Company et al

Filing 5

FIRST AMENDED COMPLAINT against all defendants, filed by Joseph Daigle, Jamie Leigh Jones.(Kelly, Lannie)

Jones, Et Al v. Halliburton Company et al

Doc. 5

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 1 of 41

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF TEXAS (B E A U M O N T DIVISION) J A M IE LEIGH JONES and JOSEPH D A IG L E P la in t if f s , § § § § v s. § § H A L L IB U R T O N COMPANY d/b/a § K B R KELLOGG BROWN & ROOT § (KBR); KELLOGG BROWN & ROOT§ S E R V IC E S , INC.; KELLOGG § B R O W N & ROOT INTERNATIONAL,§ IN C .; KELLOGG BROWN & ROOT, § LLC; KELLOGG BROWN & ROOT, § INC.; KELLOGG BROWN & ROOT, § S . de R.L.; KELLOGG BROWN & § R O O T (KBR), INC.; KBR § T E C H N I C A L SERVICES, INC.; § O V E R S E A S ADMINISTRATIVE § S E R V IC E S , LTD.; ERIC ILER, § C H A R L E S BOARTZ; SEVERAL § J O H N DOE RAPISTS, and THE § U N IT E D STATES OF AMERICA § D efen d a n ts. §

C IV IL ACTION NO. _________

J U R Y TRIAL DEMANDED

F IR S T AMENDED COMPLAINT N O W COMES, Jamie Leigh Jones, and file this suit against Halliburton C o m p an y d/b/a KBR Kellogg Brown & Root (KBR), Kellogg Brown & Root S erv ices, Inc., Kellogg Brown & Root International, Inc., Kellogg Brown & Root L L C , Kellogg Brown & Root, Inc., Kellogg Brown & Root, S. de R.L., Kellogg
-1-

Dockets.Justia.com

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 2 of 41

B ro w n & Root (KBR), Inc., KBR Technical Services, Inc. (hereinafter, collectively "K B R " ); Overseas Administrative Services (OAS); Charles Boartz, Several other a tta ck e r s, whose identities are currently only known as "John Doe"; and the United S ta te s of America, complaining about the sexual harassment, sexual

d i scrim in atio n , intentional infliction of emotional distress, sexual assault, rape, p h y s i c a l injury and other personal injuries to Jamie Leigh Jones, and the related claim s of Joseph Daigle, her husband. F o r clarification, this case is not about a pinch on the backside, or a few p o litically incorrect jests at the office. Jamie Leigh Jones was first forced into a sex u al relationship, against her will, with her supervisor, or risk losing her job at a tim e when her. After escaping that environment, she was harassed, and threatened in Baghdad, before she was ultimately the subject of a brutal sexual attack by sev eral attackers who first drugged her, then repeatedly raped and injured her, both p h ysically and emotionally. This attack never would have occurred but for the "b o ys will be boys" attitude that permeated the environment that defendants first created , then failed to warn Jamie about ­ an environment that was excused, if not e n c o u r a g e d , and of which the defendants had ample prior notice. N A T U R E OF THE CASE

-2-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 3 of 41

1.

T h is is a

Texas diversity, personal

injury and

employment

d iscrim in atio n and harassment case arising out of Jamie Jones' employment with B ro w n & Root Services, a Division of Kellogg Brown & Root, Inc. (KBR), and s u b s id ia ry of Halliburton Company, in Houston, Texas, and with OAS, another s u b s id ia ry of Halliburton, while at Camp Hope, Baghdad, Iraq. At all times relev an t to these allegations, Camp Hope was under the direct control of D efen d an ts, Halliburton and the United States Government, which operated Camp H o p e in connection with operations of the Department of State, and which has th erefo re waived sovereign immunity as to claims such as the one at bar. Charles B o a r tz and the other rapists were individuals working for Halliburton and under th e joint control of Halliburton and the United States Government. P A R T IE S 2. P lain tiff, Jamie Leigh Jones (hereinafter, "Jamie"), is the wife of

J o s ep h Daigle a member of the United States Armed Forces, currently stationed at C o ro n ad o Island, California, who began working for KBR as an administrative assistan t in 2004 at the age of 19 years, and executed her contract of employment w ith Overseas Administrative Services, Ltd. in Houston, Texas on July 21, 2005, at th e age of 20.

-3-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 4 of 41

3.

Plaintiff, Joseph Daigle (hereinafter, "Joseph"), is the lawful spouse of

J am ie , and is a member of the United States Armed Forces, currently stationed at C o r o n a d o Island, California. 4. D efen d an t, Halliburton Company d/b/a KBR Kellogg Brown & Root,

(h erein after, "Halliburton") is a Texas corporation headquartered in Houston, H arris County, Texas. It contracts for services related to government contracts th ro u g h o u t Texas, the United States, and Worldwide. Halliburton conducts

b u sin ess throughout the State of Texas and is, thus, amenable to jurisdiction in this S ta te . This defendant may be served with process by service upon its registered a g e n t, CT Corporation System, 1021 Main Street, Suite 1150, Houston, Texas 77002. 5. Defendants, Kellogg Brown & Root Services, Inc., Kellogg Brown &

R o o t International, Inc., Kellogg Brown & Root LLC, Kellogg Brown & Root, In c., Kellogg Brown & Root, S. de R.L., Kellogg Brown & Root (KBR), Inc., KBR T ech n ical Services, Inc., (hereinafter, collectively "KBR") is a Texas corporation w ith principle offices in Houston, Harris County, Texas. It contracts for services related to government contracts throughout Texas, the United States, and W o rld w id e. KBR conducts business throughout the State of Texas and is, thus, a m e n a b l e to jurisdiction in this State. This defendant may be served with service
-4-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 5 of 41

o f process by service upon its registered agent, CT Corporation System, 1021 Main S treet, Suite 1150, Houston, Texas 77002. 6. Defendant, Overseas Administrative Services, Ltd., is a Cayman

I sla n d s corporation doing business in the State of Texas with Halliburton, which f a iled to register with the Secretary of State in Texas as a company doing business in Texas. Therefore, service on OAS will be by service on the Secretary of State of th e State of Texas, and upon Shadow Sloan, Esq., who, on information and belief, is the attorney representing that corporation. On information and belief, this

co rp o ra tio n was set up as an off-shore tax shelter for Halliburton. (previously a tta ch ed to original petition) 7. Charles Boartz is an individual who, on information and belief, is a

resid en t of the state of Florida, who was employed by Halliburton/KBR and/or K B R at all times relevant to this suit, and whose last known address is: 9853 Creet C ircle, Navarre, Florida 32566. 8. The several "John Doe Rapists" are individuals who, on information

an d belief, were Halliburton employees who were employed as firefighters by H allib u rto n in Iraq. 9. Defendant, the United States of America, is a governmental entity

w h o is properly before this court. However, the time has not run from the filing of
-5-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 6 of 41

th e Federal Tort Claim for the filing of this suit, and a stay as to claims against the U n ited States is therefore warranted, if same is requested. JURISDICTION, VENUE AND LIMITATIONS 10. Ju risd ictio n is based on diversity of citizenship and federal question.

2 8 U.S.C. §1332. The amount in controversy is substantially in excess of SeventyF iv e Thousand Dollars ($75,000), exclusive of interest and costs. The Defendants reg u larly conduct business within the district, and the contract of employment ex ecu ted by Jamie at the time of her employment designates Texas as the c o n tr actu al jurisdiction to be utilized. Therefore, venue is permissible in this

D istrict pursuant to 28 U.S.C. §1391. Because of the national significance of the m atters at issue in this case, Plaintiffs believe that the determination of this case in v o lv es issues of unique federal interest, and raises questions of law "arising u n d er the Constitution, laws or treaties of the United States." 28 U.S.C. §1391. 11. B ecau se this case involves various plaintiffs and various defendants,

fed eral questions of law, and issues that should be resolved at one forum, it is p ro p erly before this court, despite the fact that an arbitration agreement purporting to bind some issues exists in this case. Even if the arbitration is binding as against Jam ie to some defendants on some issues, it does not prevent her claims as to o th e r s . Moreover, her husband is not bound by any agreement whatsoever, making
-6-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 7 of 41

h is claims properly before this Court.

Plaintiff's respectfully ask this court to

ex ercise its discretion to bring all known causes of action to one forum ­ this court, in the interest of judicial economy, justice and fairness to the parties. FACTS It has become necessary to file this suit as a result of the following facts. 12. Between 2004 and July 21, 2005, Jamie was employed by

H a llib u r to n /K B R as an administrative assistant in Houston, Texas, at that time, her im m ed iate supervisor, Eric Iler, was aware of Jamie's sick mother at home f o llo w in g a complicated surgical procedure with a difficult post-surgical course, an d utilized his influence over her employment to extract sexual favor from Jamie. 13. Eventually, Jamie obtained evidence of the sexual harassment of her

su p erv iso r and demanded that he remove her to another department. 14. Once removed from the oversight of Eric Iler, Jamie was transferred

to work for Overseas Administrative Services, Ltd., in Houston, Texas, beginning Ju ly 21, 2005, she was then transferred to an assignment at Camp Hope, Iraq. 15. Upon learning that Jamie was moving to Iraq, Eric Iler attempted to

g ain a position in Iraq as a supervisor over Jamie. Jamie reported this concern to F red erick Heard, an operations manager, who assured Jamie that Eric Iler would be assig n ed another section. Eric Iler then informed Jamie that he would be putting a
-7-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 8 of 41

"b a d recommendation" in her file, which he did, by writing such a letter to William T o m p k in s , her subsequent supervisor, in an apparent attempt to thwart her transfer. 16. Beginning July 25, 2005, Jamie lived and worked at Camp Hope,

B ag h d a d , Iraq. Jamie was housed, during her off-duty hours, in a two-story living q u arters which consisted of a room on a co-ed floor in a predominantly male b arrack s. This facility was under the direct control and supervision of defendants, H A L L IB U R T O N COMPANY d/b/a KBR KELLOGG, BROWN & ROOT, K ELLO GG , BROWN & ROOT SERVICES, INC., KBR TECHNICAL

S E R V I C E S , INC., KBR and THE UNITED STATES, herein. Jamie's room was lo c a te d at the end of a hall on the second floor. There was no bathroom on that f lo o r - which forced Jones to walk past several men's rooms in order to get to the w o m en 's restroom on the first floor, enduring "catcalls" and partially dressed men. I t is worthy of noting that the use of alcoholic beverages was permitted at this lo catio n at this time, and several of the men were often drinking. 17. On July 27, 2005, Jamie complained to several Halliburton and KBR

m an ag ers, employees, servants, agent, officers and/or representatives about the sex u ally hostile living conditions and asked to be moved to a safer location. This rep o rt was made to Houston supervisory personnel, and she was advised to "go to th e spa." No action was taken nor was any consideration made regarding her
-8-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 9 of 41

u n ten ab le living conditions. 18. Tragically, on the evening of July 28, 2005, during her off-duty

h o u rs, Jamie was drugged (by what was believed to be Rohypnol) and brutally rap ed by, on information and belief, several Halliburton/KBR firefighters, in clu d in g defendant, Charles Boartz, while she was in her room in the barracks. W h en she awoke the next morning still affected by the drug, she found her body n ak ed and severely bruised, with lacerations to her vagina and anus, blood running d o w n her leg, her breast implants were ruptured, and her pectoral muscles torn ­ w h ich would later require reconstructive surgery. Upon walking to the rest room, s h e passed out again. When she returned to the living area, she found Charles B o a r tz lying in her bottom bed. She asked him what had happened, and he

co n fessed to having unprotected sex with her. Jamie reported the rape to the Pete A r ro y o , one of the operations personnel, who then took her to a KBR medical p erso n n el. The U.S. State Department Diplomatic Security was informed and a rap e kit was administered at the combat area surgical hospital run by the U.S. A rm y. 19. While Jamie was living and working at Camp Hope, the entire facility

w as under the direct control and authority of the U.S. Department of State, U.S. D ep artm en t of Defense, KBR, and Halliburton, collectively.
-9-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 10 of 41

20.

As a result of the aforementioned, tolerated abusive behavior, sexual

h arassm en t, and ultimate rape, both Jamie and Joseph have suffered significant h arm as set forth herein. LEGAL THEORIES AND CAUSES OF ACTION 21. Defendants, HALLIBURTON COMPANY d/b/a KBR KELLOGG,

B R O W N & ROOT, KELLOGG, BROWN & ROOT SERVICES, INC., KBR T E C H N IC A L SERVICES, INC., KBR, OVERSEAS ADMINISTRATIVE

S E R V IC E S , LTD., CHARLES BOARTZ, and the JOHN DOE RAPISTS are liable u n d e r one or more different, alternative theories of liability recognized under T ex as, and federal, law. COUNT I N E G L IG E N C E OF D E F E N D A N T S , HALLIBURTON AND KBR 22. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 23. Ja m ie and Joseph plead and will prove that at all times Jamie's

co n d u ct was professional and in no way contributed to and/or caused the hostile w o rk environment in which defendants placed her, or the unwelcomed sexual h arassm en t and physical attacks on her person. Jamie, as a female employee is p ro tected against sexual harassment under federal law. At all times prior to the
-10-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 11 of 41

ass a u lt, Defendants were placed on actual and/or constructive notice of the hostile an d sexually charged environment, and of the sexual harassment and concerns r eg a r d in g the unsafe living conditions of Jamie, in particular. ad d itio n ally, warned of the foreseeable impending dangers. They were,

The harassment,

sex u al abuse, and sexual assault have negatively impacted the terms, conditions, an d privileges associated with Jamie's employment, and continue to do so. Jamie h a s suffered debilitating, and permanent injuries for which Defendants herein are r e s p o n s ib le . 24. P lead in g further, Jamie and Joseph will show that Defendants, jointly

an d severally, are responsible for several acts of negligence which were a cause of th e incidents, subsequent injuries and damages suffered by them. S u ch acts of negligence include, but are not limited to: (a) F ailin g to exercise ordinary or reasonable care in hiring, training,

su p erv isin g and maintaining their employees, servants, agents, officers and r e p r e s e n ta tiv e s ; (b) F a ilin g to exercise ordinary or reasonable care in providing a safe

w o rk in g environment; ( c) F a ilin g to exercise ordinary or reasonable care in providing a safe

liv in g environment;
-11-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 12 of 41

(d )

F ailin g to exercise ordinary or reasonable care in responding to

req u ests of its residents, employees, servants, agents, officers and representatives, sp ecifically Jamie's requests to be moved to a safer environment; (e) F ailin g to recognize, implement and adhere to applicable rules and to their employees, servants, agents, officers and

reg u latio n s pertaining

rep resen tativ es and their work environments, including permitting alcoholic b e v e r a g e s on the premises with co-ed barracks, with knowledge of the dangers created by its consumption; the failure to provide separate living quarters for male an d female residents, and others; (f) F ailin g to provide proper, adequate and sufficient protection to Jamie

at her living quarters in Iraq; (g ) (h ) ( i) F ailin g to properly supervise the project in question; F ailin g to properly supervise the premises in question; F ailin g to warn Jamie of the inherent dangers of her living

e n v ir o n m e n t; ( j) F ailin g to devise a proper policy or plan for placement of females in

th eir working and/or living environment; (k) Failing to respond in a timely and appropriate manner, despite actual

an d /o r constructive knowledge of the on-going sexually-charged environment and
-12-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 13 of 41

th e sexual harassment which permeated Halliburton/KBR's Iraq premises; ( l) su ffered . 25. Jamie and Joseph would show, in the alternative, without waiving the Failing to supervise employees so as to prevent attacks such as Jamie

ab o v e, that Defendants, HALLIBURTON COMPANY d/b/a KBR KELLOGG, B R O W N & ROOT, KELLOGG, BROWN & ROOT SERVICES, INC., KBR T E C H N IC A L SERVICES, INC. and KBR were the occupier/general contractor of th e premises in question and that as the occupier/general contractor, the H a llib u rto n Defendants owed a duty to Jamie to warn of and/or correct hidden d a n g e rs . Further, Defendants had actual knowledge of the condition that posed an u n reaso n ab le risk of harm to Jamie, and other women in her circumstances. D efen d an ts had a duty to take reasonably prudent precautions under the circu m stan ces to reduce or to eliminate the unreasonable risk from that condition an d Defendants failed to do so. 26. Pleading further Jamie and Joseph would show that Defendants

H A L L I B U R T O N COMPANY d/b/a KBR KELLOGG, BROWN & ROOT, K ELLO GG , BROWN & ROOT SERVICES, INC., KBR TECHNICAL

S E R V IC E S , INC., KBR and OVERSEAS ADMINISTRATIVE SERVICES, L T D ., were involved in a joint enterprise as that term is defined in law. At all
-13-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 14 of 41

tim es relevant hereto, the Halliburton Defendants had an agreement, either express o r implied, with respect to the recruitment, training, placement, construction, e m p lo y m e n t and policies and procedures that entail work in Iraq for the employees o f OVERSEAS ADMINISTRATIVE SERVICES, LTD. Further, they had a

c o m m o n purpose and a common business or pecuniary interest with an equal right to direct and control the enterprise. For the purpose set forth herein,

H A L L IB U R T O N COMPANY d/b/a KBR KELLOGG, BROWN & ROOT, K ELLO GG , BROWN & ROOT SERVICES, INC., KBR TECHNICAL

S E R V IC E S , INC., KBR and OVERSEAS ADMINISTRATIVE SERVICES, LTD. , are jointly and severally responsible for the injuries and damages sustained by J am ie Jones and Joseph Daigle. 27. D e f en d an ts are jointly and severally responsible for the acts and

o m issio n s in this co-venture. Furthermore, the Defendants are responsible for the a c ts and omissions of their employees, servants, agents, officers and

r ep r e se n ta tiv e s including, without limitation, under the doctrine of respondeat su p erio r, agency and non-delegable duty. 28. At the time of the incident giving rise to Jamie's claims, she was a

h ealth y, employable human being with a life expectancy of 62.3 years, according to recent Life Tables published by the United States Census Bureau, a copy of
-14-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 15 of 41

w h ic h will be used at trial. According to the U.S. Labor Department table, Plaintiff h ad an average work life expectancy of 45 years until the age of 65, a copy of w h ich will be used at trial. 29. As a direct and proximate result of the allegations contained herein,

J am ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. COUNT II N E G L IG E N T UNDERTAKING OF D E F E N D A N T , HALLIBURTON, KBR AND OAS 30. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 31. Jamie and Joseph would also show that Defendants HALLIBURTON

C O M P A N Y d/b/a KBR KELLOGG, BROWN & ROOT, KELLOGG, BROWN & R O O T SERVICES, INC., KBR TECHNICAL SERVICES, INC., KBR AND O V E R S E A S ADMINISTRATIVE SERVICES, LTD., and the employees, serv an ts, agents, officers and representatives of each, negligently undertook to p ro v id e proper training, adequate and sufficient safety precautions, adequate and su fficien t policies and procedures in the recruitment, training and placement of p erso n n el in Iraq and therefore, owed a duty to Jamie pursuant to common law and § 323 of the Restatement (Second) of Torts. To wit:
-15-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 16 of 41

O n e who undertakes, gratuitously, or for consideration, to render services to another which he should recognize as n ecessary for the protection of the other person or things, is su b ject to liability to the other for physical harm resulting from th is failure to exercise care to perform his undertaking, if: a. h is failure to exercise such care increases the risk of such harm, or b. th e harm is suffered because of the other's reliance upon the undertaking. As such, Halliburton/KBR and KBR owed a non-delegable duty to Jamie to k eep her safe from harm and/or injury. Defendant's breached their non-delegable d u ty which it owed to Jamie to keep her safe from harm and/or injury by p erm ittin g its employees to possess, maintain, and consume substantial amounts of alco h o l, and by failing to provide adequate security measures and/or personnel to p ro tect Jamie. 32. As a proximate result of the negligent acts and omissions described

h erein , Defendants, HALLIBURTON COMPANY d/b/a KBR KELLOGG, B R O W N & ROOT, KELLOGG, BROWN & ROOT SERVICES, INC., KBR T E C H N IC A L SERVICES, INC., KBR, AND OVERSEAS ADMINISTRATIVE S E R V IC E S , LTD. Jam ie and Joseph. 33. Defendants, HALLIBURTON COMPANY d/b/a KBR KELLOGG, breached these duties, resulting in injuries and damages to

B R O W N & ROOT, KELLOGG, BROWN & ROOT SERVICES, INC., KBR
-16-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 17 of 41

T E C H N IC A L SERVICES, INC., KBR, AND OVERSEAS ADMINISTRATIVE S E R V IC E S , LTD. breached their respective duties owed to Jamie and Joseph by allo w in g , without warning or correction, Jamie to enter into, work in, and be h o u sed in, an unsafe and hostile area (in this instance, hostile from "friendly", rath er that enemy forces). This breach was a proximate cause of Jamie and

Jo s e p h 's injuries set forth below. Said defendants were negligent in that, inter a lia : a) T h ey failed to properly investigate the history of Jamie's assailants

p rio r to hiring them when they should have known, or did know, of the assailants' crim in al and/or violent propensities; b) They failed to properly supervise the assailants in the course and

sco p e of their duties so as to prevent them from unlawfully acting upon those sex u al and/or violent propensities; c) They failed to properly supervise these assailants so as to prevent

th em from possessing, storing, and consuming substantial quantities of alcohol; d) They failed to further investigate, reassign, and/or discharge these

a ss aila n ts (including Charles Boartz) when they should have known that they were u n fit and unsafe employees; e) They permitted these rapists to remain in the barracks in close
-17-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 18 of 41

p ro x im ity to, and with easy access to victims such as Jamie, which resulted in the b ru tal attack set forth in this complaint. 34. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. COUNT III N E G L IG E N C E OF U N IT E D STATES OF AMERICA 35. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 36. Defendant, The United States Government voluntarily entered Iraq,

d estro yed its infrastructure, including its court system, and continues to own, o ccu p y, manage, and control United States military bases, at which the government in v ites United States civilian contractors live and work under the protection of the U n ited States military. Nevertheless, the United States failed to provide a living an d working environment, that was reasonably safe from the sexual and other p h y sic al attacks of its own citizens and/or employees by other United States citizen s/em p lo yees and/or contractors at Camp Hope, in Baghdad, Iraq, in violation o f the Civil Rights Act of 1964 §703(a), 42 U.S.C.A. § 2000e-2(a), including failin g to maintain adequate security measures at facilities intended to house
-18-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 19 of 41

fem ale non-combatants. 37. Jamie and Joseph plead and will prove that at all times Jamie's

co n d u ct was professional and in no way contributed to and/or caused the hostile w o r k environment in which the United States placed her, or the unwelcomed s ex u a l harassment and sexual assault on her person. Jamie, as a female employee is protected against sexual harassment under federal law. At all times prior to the assau lt, Defendants were placed on actual and/or constructive notice of the hostile an d sexually charged working and living environments, and the sexual harassment o f Jamie, in particular. They were, additionally, warned of the foreseeable

im p en d in g dangers. The harassment and sexual abuse has negatively impacted the term s, conditions, and privileges associated with Jamie's employment, and co n tin u e to do so. Jamie has suffered debilitating, and permanent injuries for

w h ic h Defendants herein are responsible. 38. The United States of America is in possession of a claim filed on

b eh alf of the Plaintiff, Jamie Jones, herein, and has not yet responded to this claim. 39. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. COUNT IV
-19-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 20 of 41

S E X U A L HARASSMENT AND HOSTILE WORK ENVIRONMENT C R E A T E D BY DEFENDANT, HALLIBURTON, KBR AND OAS 40. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 41. P lead in g in the alternative without waiving the above allegations and

w h ile incorporating the factual allegations stated herein above, Jamie and Joseph w o u ld show that during her employment in Iraq, Jamie was subject to and the targ et of sexual harassment by employees, agents and/or ostensible agents or em p lo yees of HALLIBURTON COMPANY d/b/a KBR KELLOGG, BROWN & R O O T , KELLOGG, BROWN & ROOT SERVICES, INC., KBR TECHNICAL S E R V IC E S , INC., KBR, AND OVERSEAS ADMINISTRATIVE SERVICES, LTD. The sexual harassment was both verbal and abusive. Jamie's conduct was

p ro fessio n al and in no way contributed to and/or caused the hostile working/living e n v ir o n m e n t in which Halliburton/KBR and KBR placed her, or the unwelcomed s ex u a l harassment and physical assault on her person. Jamie, as a female employee is protected against sexual harassment under federal law. At all times prior to the assau lt, Defendants were placed on actual and/or constructive notice of the hostile an d sexually charged environment, and the sexual harassment of Jamie, in p articu lar. They were, additionally, warned of the foreseeable impending dangers.

-20-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 21 of 41

T h e harassment and sexual abuse has negatively impacted the terms, conditions, an d privileges associated with Jamie's employment, and continue to do so. Jamie h a s suffered debilitating, and permanent injuries for which Defendants herein are r e s p o n s ib l e . 42. B ecau se this environment of harassment was allowed and/or

en c o u r ag ed to exist unchecked, it created an atmosphere physically threatening to th e Jamie. Defendants conduct (or lack thereof) created and fostered a sense of su p erio rity to male supervisors and others which allowed them to harass and abuse p erso n s such as Jamie, in violation of the Civil Rights Act of 1964 §703(a), 42 U .S .C .A . § 2000e-2(a). 43. T h is environment allowed, caused and/or contributed to the eventual

p h ysical assault upon Jamie, which caused both the extreme physical and e m o tio n a l damages with which Jamie and Joseph continue to suffer. 44. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. COUNT V R E T A L IA T IO N BY DEFENDANT, HALLIBURTON, KBR AND SEII 45. Jamie and Joseph hereby incorporate all paragraphs of this Complaint
-21-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 22 of 41

in to this Count, as if they were fully alleged herein, and further alleges as follows: 46. P lead in g in the alternative and without waiving the above allegations

an d while incorporating the factual allegations stated herein above, Jamie would sh o w that while she actively pursued a solution to the sexual harassment and h o stile work environment she received little or no help. In fact, she was ridiculed, th r e ate n e d and harassed because of her requests to Eric Iler that he stop forcing her to have the sexual relationship with him, as more specifically stated herein above. A n d when she finally escaped his supervision, he provided a false report of her p e rfo rm an ce to her new supervisor. Because of the retaliation on the part of the D efen d an t, Jamie and Joseph seek all remedies set forth herein below. 47. Jamie and Joseph would show that HALLIBURTON COMPANY

d /b /a KBR KELLOGG, BROWN & ROOT, KELLOGG, BROWN & ROOT S E R V I C E S , INC., KBR TECHNICAL SERVICES, INC. and KBR exercised s ig n if ic a n t control over the actions of Jamie's employer, OVERSEAS

A D M IN IS T R A T IV E SERVICES, LTD., and that Halliburton/KBR and KBR th ro u g h its employees, including Eric Iler, used its influence to retaliate against Jam ie's reports of harassment and hostile work environment above. 48. Jamie and Joseph would further show that, after Jamie reported the

rap e incident to her supervisors, HALLIBURTON COMPANY d/b/a KBR
-22-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 23 of 41

K E L L O G G , BROWN & ROOT, KELLOGG, BROWN & ROOT SERVICES, IN C ., KBR TECHNICAL SERVICES, INC, KBR, and OVERSEAS

A D M I N I S T R A T I V E SERVICES retaliated against her in the following manner: a. Immediately following her physical examination, she was placed in a

tr aile r with a bed, a shower and a sink, but without a television, and was refused p h o n e calls to her family despite repeated requests, which amounted to a false im p r is o n m e n t; b. She was confronted by KBR supervisors, who gave her two options: i. ii. S ta y and "get over it"; or Return home without the "guarantee" of a job on return.

T h ese options amounted to an unlawful threat to terminate her job for rep o rtin g her attack, and dealing with its aftermath. Ultimately, Jamie was able to convince a guard to let her call her father on h is cellular phone. Jamie's father was then able to enlist congressional assistance to get his daughter home. 49. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00.

C O U N T VI
-23-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 24 of 41

A G E N C Y , JOINT VENTURE, JOINT ENTERPRISE, DIRECT C O R P O R A T E LIABILITY 50. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 51. HALLIBURTON COMPANY d/b/a KBR KELLOGG, BROWN &

R O O T , KELLOGG, BROWN & ROOT SERVICES, INC., KBR TECHNICAL S E R V I C E S , INC., KBR, AND OVERSEAS ADMINISTRATIVE SERVICES, LTD. are vicariously liable for the conduct of their employees, agents and

o sten sib le agents, including Eric Iler, Charles Boartz, the "John Doe Rapists" and o th ers, under theories of actual agency, apparent agency, ostensible agency, and ag en cy by estoppel. 52. In the alternative, HALLIBURTON COMPANY d/b/a KBR

K E L L O G G , BROWN & ROOT, KELLOGG, BROWN & ROOT SERVICES, I N C ., KBR TECHNICAL SERVICES, INC., KBR, AND OVERSEAS

A D M IN IS T R A T IV E SERVICES, LTD., their employees, agents and ostensible ag en ts , engaged in joint ventures, joint enterprises, and/or are liable under the d ir ec t corporate liability theory, and/or are liable under the theory of respondeat s u p e r io r . 53. D efen d an ts ' conduct was unreasonable, or negligent, and was a

-24-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 25 of 41

p r o x im a te cause of Jamie Jones' sexual harassment, sexually hostile work en v ir o n m en t, and sexual assault. The negligence includes failure to comply with c o m p a n y policies regarding sexual misconduct, failure to comply with federal law reg ard in g sexual harassment and sexually charged work place, failure to prevent retaliato ry behavior following a complaint by the victim, negligent

m isrep resen tatio n s, and covering up the allegations by failing to assist with the in v e stig a tio n of same. 54. D efen d an ts are liable for breach of express and implied warranties,

w h ich breach is cognizable, not only under the common law, but also via the Texas D ecep tiv e Trade Practices Act. 55. A ll theories of liability and recovery are pled cumulatively and

a lte rn ativ ely, with no election of remedies until such time as the trier of fact has reso lv ed disputed issues of fact and the Court compels such an election, if, in fact, th e Court does so. 56. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. C O U N T VII B R E A C H OF CONTRACT

-25-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 26 of 41

57.

Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 58. HALLIBURTON COMPANY d/b/a KBR KELLOGG, BROWN &

R O O T , KELLOGG, BROWN & ROOT SERVICES, INC., KBR TECHNICAL S E R V IC E S , INC., KBR, AND OVERSEAS ADMINISTRATIVE SERVICES, L T D . breached their contract of employment with Jamie in each of the following p a r tic u la r s : a. The "Employment Agreement" between Service OVERSEAS A D M IN IS T R A T IV E SERVICES, LTD. was executed on July 2 1 , 2005 purports to cover the employment-related matters b etw een the Plaintiff and OAS; b. OAS and/or the other defendants named herein breached the sp ecific and implied warranties of security against violations of secu rity rules as set forth by paragraph 15 (a) of the E m p lo ym en t Agreement; c. OAS and/or the other defendants named herein breached the sp ecific and implied warranties of protection against violations

-26-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 27 of 41

o f Corporate Policies regarding Standards of Conduct as set fo rth by paragraph 16 of the Employment Agreement; d. OAS and/or the other defendants named herein breached the sp ecific and implied warranties of protection against violations o f Project and/or Work Location Policies regarding Standards o f Conduct as set forth by paragraph 16(a) of the Employment A g r e e m e n t; e. OAS and/or the other defendants named herein breached the sp ecific and implied warranties of protection against m isco n d u ct of other employees as set forth by paragraph 16(b) o f the Employment Agreement; f. OAS and/or the other defendants named herein breached the s p e cif ic and implied warranties of protection against Illegal A ctio n s as set forth by paragraph 16(m) of the Employment A g r e e m e n t; g. OAS and/or the other defendants named herein breached the s p e cif ic and implied warranties of protection against Sexual H arassm en t as set forth by paragraph 16(n) of the Employment A g r e e m e n t;
-27-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 28 of 41

h.

OAS and/or the other defendants named herein breached the s p e cif ic and implied warranties of protection against sexual ad v an ces by an employee within the chain of command or sp h ere of influence of Jamie as set forth by paragraph 16(p) of th e Employment Agreement.

59.

As a direct result of the aforesaid breaches of the Employment

A g reem en t, Jamie was enticed to travel into Baghdad, Iraq, and to place her person in harm's way from the very people who were purported to be working on "her sid e." Therefore, she was harmed, as set forth herein. 60. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. C O U N T VIII F R A U D IN THE INDUCEMENT TO ENTER THE EMPLOYMENT C ON TR AC T 61. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 62. HALLIBURTON COMPANY d/b/a KBR KELLOGG, BROWN &

R O O T , KELLOGG, BROWN & ROOT SERVICES, INC., KBR TECHNICAL
-28-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 29 of 41

S E R V IC E S , INC., KBR, AND OVERSEAS ADMINISTRATIVE SERVICES, L T D . fraudulently induced Jamie to enter into the contract of employment with O A S on July 21, 2005, by misleading her inter alia in each of the following p a r tic u la r s : a. At all times relevant to the discussion leading up to the ex ecu tio n of the employment contract in this case, and at the tim e of its execution, HALLIBURTON COMPANY d/b/a KBR K E L L O G G , BROWN & ROOT, KELLOGG, BROWN & R O O T SERVICES, INC., KBR TECHNICAL SERVICES, IN C ., KBR, AND OVERSEAS ADM I N I S T R A T I V E

S E R V IC E S , LTD. were aware of the repeated sexual attacks, sex u al harassment and mistreatment of women in and around B ag h d ad , Iraq, by United States citizens in general, and its own em p lo yees, in particular, yet actively concealed this fact from w o m en who were being asked to serve in that arena, p articu larly, Jamie; b. HALLIBURTON BROWN & COMPANY d/b/a KBR KELLOGG, & ROOT

ROOT,

KELLOGG,

BROWN

S E R V IC E S , INC., KBR TECHNICAL SERVICES, INC.,
-29-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 30 of 41

K B R , AND OVERSEAS ADMINISTRATIVE SERVICES, L T D . each knew that personal safety was an issue that would h av e been significant to any applicant for service in Iraq, p articu larly Jamie Jones, and that the concealed knowledge w o u ld likely have prevented women in general, and Jamie Jo n es, in particular, from entering into a contract of

em p lo ym en t which required her to go to Iraq under those c o n d itio n s ; c. HALLIBURTON BROWN & COMPANY d/b/a KBR KELLOGG, & ROOT

ROOT,

KELLOGG,

BROWN

S E R V IC E S , INC., KBR TECHNICAL SERVICES, INC., K B R , AND OVERSEAS ADMINISTRATIVE SERVICES, L T D . each actively concealed knowledge of the dangers of sex u al harassment, assault, rape, and other related acts from w o m en who were enticed to travel, unprotected and unprepared, in to this hostile environment; d. HALLIBURTON BROWN & COMPANY d/b/a KBR KELLOGG, & ROOT

ROOT,

KELLOGG,

BROWN

S E R V IC E S , INC., KBR TECHNICAL SERVICES, INC.,
-30-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 31 of 41

K B R , AND OVERSEAS ADMINISTRATIVE SERVICES, L T D . each participated in presenting a contract of employment, alo n g with a pamphlet for outlining grievance procedures and co m p lain ts, in a knowing and active inducement to women in g en eral, and Jamie in particular, to execute a contract to accept d an g ero u s employment, while having full knowledge of the d an g ers from its own employees, and concealing that fact; e. The "Employment Agreement" between Service OVERSEAS A D M I N IS T R A T IV E SERVICES, LTD. purports to cover the em p lo ym en t-related matters between the Plaintiff and OAS; yet, despite the knowledge of HALLIBURTON COMPANY d /b /a KBR KELLOGG, BROWN & ROOT, KELLOGG, B R O W N & ROOT SERVICES, INC., KBR TECHNICAL SERVICES, INC., KBR, AND OVERSEAS

A D M I N I S T R A T I V E SERVICES, LTD. that women were b ein g raped and assaulted by Halliburton employees and/or th o se of its subsidiaries in Iraq, such acts were specifically o m itted from the contract of employment as a known and fo reseeab le risk, in an active effort to conceal the very nature of
-31-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 32 of 41

th e working and living environment into which women such as Jam ie, and Jamie herself, would be thrust; f. Jamie Jones relied upon the misrepresentations of fact regarding th e safety measures for women in Iraq (at least as they p ertain ed to her fellow countrymen in general, and her cow o rk ers, in particular) when she entered into the contract of Ju ly 21, 2005; g. If the true nature of the employment had been made known to Jam ie, she would not have executed the contract, would not h av e been sent to Iraq, would not have been brutally raped by th e Halliburton employees in Baghdad, and would not have su ffered the injuries enumerated in this complaint. 63. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. C O U N T IX A S S A U L T AND BATTERY- CHARLES BOARTZ AND SEVERAL JOHN D O E RAPISTS 64. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows:
-32-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 33 of 41

65.

C H A R L E S BOARTZ AND SEVERAL JOHN DOE RAPISTS,

co n sp ired to drug Jamie with the intent of raping her once she became u n c o n s c io u s . 66. C H A R L E S BOARTZ AND SEVERL JOHN DOE

R A P IS T S raped Jamie while she was unconscious and incapable of consenting to said forcible acts of sexual intercourse, sodomy, and brutality. 67. m a lic e . 68. A s a direct and proximate result of the allegations contained herein, D efen d an ts' acts were intentional, outrageous, reckless and with

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. COUNT X IN T E N T IO N A L INFLICTION OF EMOTIONAL DISTRESS 69. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 70. HALLIBURTON COMPANY d/b/a KBR KELLOGG, BROWN &

R O O T , KELLOGG, BROWN & ROOT SERVICES, INC., KBR TECHNICAL S E R V IC E S , INC., KBR, AND OVERSEAS ADMINISTRATIVE SERVICES, L T D . each acted (as set forth herein) intentionally and/or recklessly, in a manner

-33-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 34 of 41

w h ic h was extreme and outrageous under the circumstances, and which caused sev ere emotional distress to Jamie and Joseph. 71. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. P R O X IM A T E CAUSE 72. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further alleges as follows: 73. E ach and every, all and singular of the foregoing acts and omissions,

o n the part of Defendants, taken separately and/or collectively, jointly and/or s ev e r ally , constitute a direct and proximate cause of the injuries and damages set fo rth below. 74. As a direct and proximate result of the allegations contained herein,

Jam ie and Joseph have suffered the damages set forth more fully herein, all of w h ich are in excess of $100,000.00. D A M A G E S AND REMEDIES 75. Jamie and Joseph hereby incorporate all paragraphs of this Complaint

in to this Count, as if they were fully alleged herein, and further allege as follows: 76. A s a direct and proximate result of the aforementioned abuse,
-34-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 35 of 41

h arassm en t and attacks on the part of these defendants, jointly and severally, Jamie J o n e s was caused to suffer serious injuries. As a result of same, Jamie has suffered th e following damages: a. R easo n ab le medical care and expenses in the past. These ex p en ses were incurred by Jamie for the necessary care and tr ea tm e n t of the injuries resulting from the incident complained o f herein, and such charges are reasonable and were usual and cu sto m ary charges for such services; b. Reasonable and necessary medical care and expenses which w ill, in all reasonable probability, be incurred in the future. c. d. e. f. g. h. P h ysical pain and suffering in the past; M en tal anguish in the past; P h y s ic al pain and suffering in the future; M e n ta l anguish in the future; P h ysical impairment and disfigurement in the past; P h y s ical impairment and disfigurement which, in all reasonable p ro b ab ility, will be suffered in the future. i. j. L o ss of earnings in the past; L o ss of earning capacity which will be, in all probability,
-35-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 36 of 41

in c u r r e d in the future; k. l. 77. F ear of a future disease condition; C o s t of medical monitoring and prevention in the future.

A s a direct and proximate result of the abuse and attack on his wife,

Jo sep h Daigle was also injured. As a result of same, Joseph has suffered the fo llo w in g damages: a. R easo n ab le medical care and expenses in the past. These ex p en ses were incurred by Jamie for the necessary care and treatm e n t of the injuries resulting from the incident complained o f herein, and such charges are reasonable and were usual and cu sto m ary charges for such services; b. Reasonable and necessary medical care and expenses which w ill, in all reasonable probability, be incurred in the future. c. d. e. f. M en tal anguish in the past; M e n ta l anguish in the future; L o ss of earnings in the past; L o ss of earning capacity which will, in all probability, be in c u r r e d in the future; g. L o ss of Consortium;
-36-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 37 of 41

h.

Loss of the care, comfort, society, services and companionship o f his spouse, Jamie Jones;

i.

C o s t of medical monitoring and prevention in the future.

G R O S S NEGLIGENCE/EXEMPLARY DAMAGES 78. J am ie and Joseph re-allege and incorporate each allegation contained

in Paragraphs hereinabove of this Petition as fully set forth herein. W i.thout waiving the foregoing, Jamie and Joseph seek exemplary damages 79 p u rsu an t to Texas Civil Practices and Remedies Code §41.003(3) and pursuant to the definition of "Gross Negligence" as provided in §41.001(11)(A) and (B). S pecifically, defendants, HALLIBURTON COMPANY d/b/a KBR KELLOGG B R O W N & ROOT (KBR); C O R P O R A T IO N , INC.; KELLOGG BROWN & ROOT SERVICES TECHNICAL SERVICES, INC.; KBR,

KBR

O V E R S E A S ADMINISTRATIVE SERVICES, LTD.; ERIC ILER,

CHARLES

B O A R T Z ; SEVERAL JOHN DOE RAPISTS; completely, recklessly, maliciously, an d /o r with conscious or reckless indifference, ignored the probability and m agnitude of the potential harm to others, including Jamie Jones, by creating the hostile, sexually charged work environment and living conditions for women in Iraq, and for its handling of her complaints. When viewed objectively from the

stan d p o in t of HALLIBURTON COMPANY d/b/a KBR KELLOGG BROWN &
-37-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 38 of 41

R O O T (KBR); KELLOGG BROWN & ROOT SERVICES CORPORATION, IN C.; KBR TECH NICA L S E R V IC E S , IN C . ; KBR; OVERSEAS

A D M IN I S T R A T IV E SERVICES, LTD.; ERIC ILER, CHARLES BOARTZ; S E V E R A L JOHN DOE RAPISTS; at the time of their acts and omissions involved an extreme degree of risk, considering the probability and magnitude of the p o ten tial harm to others, including Jamie Jones. Furthermore, each defendant

n am ed herein had actual, subjective awareness of the risk involved, but n ev erth eless proceeded with conscious indifferences to the rights, safety and w elfare of others, including Jamie. 80. As a result of the gross neglect and legal malice of each of the named

d e f en d a n ts , Jamie and Joseph seek an award of exemplary damages under TEX. L AB. CODE §408.001(b) and Article 16, Section 26 of the Texas Constitution. 81. Defendants knowingly, and with wanton disregard for the welfare of

Jam ie Jones, ignored her complaints, failed to investigate her reports of misconduct, and instead retaliated against her for having attempted to better her working and living conditions. In doing so, they placed Jamie at an extreme degree of risk of continued sexual harassment and sexual assault in the context of "boys will be boys," considering the probability and magnitude of the potential harm to her, which, when view ed objectively from the standpoint of the reasonable person was foreseeable at
-38-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 39 of 41

the time they ignored her complaints. 82. Defendants' negligent acts and/or omissions, individually and jointly,

constituted a conscious disregard of an extreme degree of risk, all of which led to the injuries and damages of Jamie and Joseph. 83. If the trier of fact finds the requisite degree of culpability required by

T e x a s law for an assessment of punitive or exemplary damages, Plaintiffs seek su ch an award as is right and just. 84. c o u r t. J U R Y DEMAND 85. P lain tiffs hereby invoke their right to trial by jury. P lain tiffs are also entitled to recover prejudgment interest and costs of

W H E R E F O R E , Plaintiffs pray that the Defendants be cited to appear and an sw er herein, and that, after a trial, they receive such monetary damages, both actu al and exemplary, and other relief as is sought herein and appropriate under the law and the facts. R esp ectfu lly submitted, /s/ L. Todd Kelly L . Todd Kelly T HE KELLY LAW FIRM, P.C.
-39-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 40 of 41

T ex as Bar No. 24035049 O n e Riverway, Suite 1150 H o u sto n , Texas 77056 T el. [phone] F ax . [phone] P a u l Waldner V ICKERY, WALDNER & MALLIA, L.L.C. T ex as Bar No. 20679800 O n e Riverway, Suite 1150 H o u sto n , Texas 77056 T el. [phone] F ax . [phone] & Stephanie M. Morris A TTORNEY AT LAW M e m b e r of D.C. and PA. Bars 1 6 6 0 L. Street, N.W., Suite 506 W ash in g to n , D.C. 20036 T el. [phone] F ax . [phone] A TTORNEYS FOR PLAINTIFF, JAMIE JONES AND JOSEPH DAIGLE

-40-

Case 1:07-cv-00295-TH

Document 5

Filed 05/24/2007

Page 41 of 41

C ERTIFICATE OF SERVICE I hereby certify that the following counsel of record were served with true and co r r e c t copies of the attached First Amended Complaint on this 23 rd day of May, 2007: S h a d o w Sloan, Esq. V INSON & ELKINS, LLP F ir st City Tower 1 0 0 1 Fannin Street, Suite 2300 H o u sto n , Texas 77002-6760 /s/ L. Todd Kelly

-41-