Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 1 of 68 PageID #: 20
`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 1 of 68 PageID #: 20
`
`EXHIBIT "A"
`EXHIBIT "A"
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`I
`
`'-I Inc •• Danas 1-800-648-7022
`
`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 2 of 68 PageID #: 21
`CIVIL DOCKET
`
`cAsE No. B.Oc v 35"~1 S--
`
`NUMBER OF CASE
`
`STYLE OF CASE
`
`ATTORNEYS
`
`KIND OF ACTION
`
`UA"l""£"UF"FlDNCi
`Day
`M9n1h
`
`Year
`
`rflro;==tTL/~3~~0] .A~A:&:.~JJfHdlVY, 1-~=- -- Plaintiff. -~-= T~~~ l~l l 1808-~!
`
`-
`
`--- -
`-
`
`~~ 3S~7~ f<o1..~D~I1.i.:- G_f.J;µ JI
`A
`l.A!,_W,)_o_g_s_At_
`J,;
`-
`
`vs. --
`
`-trt _-v;~f-:.;;~~~=-~-~-----=-=:fllL- - -
`
`I Kv...~b.l,.)~D-- - - _
`.c:.., V I L- -
`.
`-- - - - - -+---
`
`- -
`
`i
`
`- ~l'Z-1
`
`-
`
`J1uy Demanded by
`t-- -- --
`Jury Fee, S
`
`--- -- ~l
`
`DATE OF ORDERS
`Day I Year
`Mo.
`
`ORDERS OF COURT
`
`Minute Book
`Page
`Vol.
`
`PROCESS
`
`Defcndanl.
`
`Paid by
`
`- -- - - - -- -- - - - - --1+----l·---+-
`
`-- - - - -
`
`-
`
`ll-- -
`
`-+- - --++--
`
`- -
`
`- - .,~-er,._- - - - - - -1-l-
`-
`1-1--
`
`j
`T
`
`;~~.i.- - - - - - -
`
`·:,1~~ ~ z ... .,
`
`-U-- ---~
`
`-ff- ---+---+--
`
`-
`
`--+i- -- ---
`
`-
`
`-
`
`- - - - --
`
`-
`
`-
`
`- - - - -- - --
`
`-
`
`- - - - --
`
`-
`
`- ------!l----1- - ---JI- - - -- -- - - - ---H
`
`
`
`- -- - - -4+- __ , - - ~ - -
`
`- - - - - - - - - -
`
`-- -
`
`-- ---lr----,-t---1~------------ -
`
`--tt-- - - - - - - - - - - - - - - --
`
`-
`
`- -
`
`- - - - -- - - --
`
`-
`
`I
`
`-
`
`-
`
`- - - - -
`
`-
`
`-
`
`/.;:. ~}~
`~ ~°l'I,
`··.~}~AL- -- --(cid:173)
`- ~"'.:..~-~(¥"
`---r-.;.: ~~
`.~ ~:~ i =-
`;B ... ~ '.:=.
`~
`k ::;c:~
`~ --=--{ :--,. ~
`f ~~ -
`r, ·..;; :l Q____
`j-~ u,Z-i
`; n~ ~
`k ~§ ~
`e ~F o
`.
`- t-
`~ ,1'- - - - ----l-- · 1---
`....
`,,_-
`•
`------
`
`. 3 ~~i or!""~
`-
`-
`-
`..,-u,,-. .,,-=:-t1~_.g_g~=-3-v- -;,"-:il/-- -- -- - - -- - - -- - -- - -
`2..(? ,s ~~ ~ ;;- 2 ;
`~ 1· l3.' s-1 ~- ~,
`.g,,..._.....,~~-,l,,,Q.f,1f--=- ~.S!... .-....-o,,
`l ?;;_a:~~-~i-
`I ... r. -
`.
`~
`,..~
`§" ~ ~ g it-OG
`~~ L o;i..:;;;-<
`:;:_=>~ - --ft-- --------- - --- - ----- - --- --- - __ _ _ _ ___ _ --- -- - --
`~ Ch
`a~ ~m-~
`~~"f.9, 'i'
`,..,_
`~ :.; ~;;!f;l;;,
`g.::..5':R~~
`~~~.g-<~
`S! 2.S--< ~
`~i ~g.=-~
`~! g=~a
`
`-
`
`- - - - - - ---1-~-s-
`
`- -- -- - - -- - - - - - - lti-- - - -+ - - - -tt- - - - - - -- - -
`
`- 11--
`
`-1--,
`
`--
`
`11 - - - - -
`
`- - - - - - -
`
`- - -- - -- - -- - - - - - - - - ---1i-----t- - -n--- - - -- - - --
`
`- ---
`
`------------------------------------ --Hf-----+----11- ---· - - - - - - -
`
`ts.==:-n~
`
`~ ... 0. c;. CD...;
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 3 of 68 PageID #: 22
`20CV35275
`Filed 6/11/2020 1 :27 PM
`Lori Oliver
`District Clerk
`Shelby County, Texas
`Pamela Whlllon
`
`CAUSE NO. 20CV35275
`
`Rolandette Glenn,
`
`Pluinliff
`
`vs.
`
`§
`§
`§
`§
`§
`§
`§
`§
`Jason Orsak, Erica Anthony, and Maria Cruz, §
`§
`§
`
`IN THE DISTRICT COURT OF
`
`SHELBY COUNTY, TEXAS
`
`273RD TH JUDICIAL DJSTRICT
`
`Defendants
`
`ORIGINAL PETITION
`Rolandette Glenn ("Plaintifr') complains of Jason Orsak, Erica Anthony, and Maria Cruz
`(collectively "Defendants") and will respectfully show the Court the following:
`
`1.
`
`NATURE OF A CTION
`This is an action to recover damages after Plaintiff contracted COVID-19 while
`working at Tyson's meatpacking plant in Center, Texas.
`
`I.
`
`II.
`
`DISCOVERY
`
`2.
`
`Discovery in this matter may be conducted under Level 2 of the Texas Rules of
`Civil Procedure.
`
`Ill.
`
`JURISDICTION AND VENUE
`
`3.
`
`4.
`
`Plaintiffs claims arise under the laws of Texas.
`The Court has jurisdiction over this case because Plaintiff seeks damages within
`the jurisdictional limits of this Cou,t. Further, this case is not removable because Plaintiff has not
`, 1••·1.nr,, C\erh
`· 'fy
`I or1 ( >·,,.10\ •· ,,.;,
`~w,.,,.,.,.,
`,r. nrr ,~
`'..
`'t;,, ~;' ·~ .. :~, \ ~,I 1fJ. v'
`\h
`"·r . ·•~•,
`.. ,,_~·-".""-'J-' }\ :-
`•1 ·
`'-'"'
`i ::;~(r_.,')
`· · '.
`l
`1 •~·t~.J;,'.7~\j,• '\ r r•H,:~ • •., 1l•:.I
`,_,,
`'. J:.1•~.1-:v.,,\••
`l ''!!»~
`{ ,'' • .... -•
`'" iU¥w:Y P( · ·· · · ...
`.. ,.,.."'"''"
`
`•
`
`'
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 4 of 68 PageID #: 23
`
`made any federal claims and complete diversity of citizenship is lacking because Plaintiff and
`Defendants are all citizens of the state of Texas.
`
`5.
`
`Venue is proper in this County pursuant to Texas Civil Practice and Remedies Code
`Section l 5.002(a)(3) because one or more Defendants either resides or maintains a principal place
`of business in this County. Venue is also proper under Texas Civil Practice and Remedies Code
`Section I 5.002(a)(l) because the acts or omissions giving rise to this suit occurred in this County.
`
`IV.
`
`PARTIES
`
`6.
`
`Plaintiff is a resident of Texas.
`
`7.
`
`Defendant Jason Orsak is a resident of Texas and was the Complex Safety Manager
`for the Tyson facility in Center, Te~as. Mr. Orsak can be served with process at his home address
`of 445 FM 699 Center, Texas 75935 or wherever he may be found.
`
`8.
`
`Defendant Erica Anthony is a resident of Texas and was one of the Safety
`Coordinators for the Tyson facility in Center, Texas. Ms. Anthony can be served with process at
`her home address of 217 Parrott Drive, Ste. 205, Nacogdoches, Texas 75965 or wherever she may
`be found .
`
`9.
`
`Defendant Maria Cruz is a resident of Texas and was one of the Safety Coordinators
`for the Tyson facility in Center, Texas. Ms. Cruz can be served with process at her home address
`of 3438 N. U.S. Highway 27 1, Mount Pleasant, Texas 75455 or wherever she may be found.
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 5 of 68 PageID #: 24
`
`V.
`
`FACTS
`
`10.
`
`Plaintiff worked at the yson meatpacking plant in Center, Texas. ln spring of
`2020, the COVTD-1 9 pandemic began sweeping the United States. Many States and Counties
`began implementing proactive safety measures to prevent the spread of COVID- 19.
`11.
`In Texas, Governor Abbott issued a stay-at-home order for the Stale of Texas that
`took effect on April 2, 2020. Despite the stay-at-home order, Plaintiff was requit·ed to continue
`working at the Tyson meatpacking plant in Center, Texas after April 2, 2020. Plaintiff also worked
`al the Center, Texas meatpacking plant prior to April 2, 2020.
`
`12.
`
`Both prior lo April 2, 2020, and after April 2, 2020, Tyson fai led to take adequate
`precautions to protect the workers at its meatpacking facilities, including the Center, Texas
`meatpacking facility. Even when the rest of the country and the State of Texas were taking
`significant precautions to prevent the spread of COVID-19 even prior to April 2, 2020, Tyson did
`not do the same thing. And even after April 2, 2020, Tyson still required its employees to come to
`work and did not provide adequate precautions or protections to help protect its employees from
`COVlD-19.
`
`13.
`
`Defendants Jason Orsak (the complex safety manger), Erica Anthony (safety
`coordinator), and Maria Cruz (safety coordinator) were directly responsible for implementing a
`safe work environment at Tyson's Center, Texas meatpacking plant. 1 These Defendants were also
`directly responsible for implementing and enforcing adequate safety measures to prevent the
`spread of COVID-19 to the Tyson employees working at the Center, Texas meatpacking plant.
`
`1 Tyson Foods chose not to obtain workers compensation insurance in the State of Texas. Thus, Tyson and its agents
`(the named Defendants in this lawsuit) are liable to Plainti!Tfor her personal injuries sustained in the course and scope
`of her employment.
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 6 of 68 PageID #: 25
`
`Defendants Jason Orsak, Erica Anthony, and Maria Cruz failed to fulfill their job duties to prov ide
`a safe working environment to Plaintiff. As a direct result of the negligence and gross negligence
`of Defendants, Piaintiff contracted COVID-19 at the Center, Texas meatpacking plant and has
`experienced significant injuries as a result.
`
`14.
`
`Thousands of Tyson employees have been exposed to COVID-19 at Tyson's
`meatpacking facilities. Upon information and be lief: at least 4,500 Tyson employees have
`contracted COVID-1 9, and at least 18 employees have died as a result of exposure to COVlD-19
`at Tyson's meatpacking facilities.
`
`IS.
`
`ln Texas, Tyson chose not to provide its employees with workers compensation
`insurance. Instead, Tyson has implemented a program called WISP or Workplace Injury
`Settlement Program wherein Tyson pressures employees to sign releases before providing injury
`benefits. Jn many cases, Tyson then pays limited, if any benefits, once its employees have signed
`away their right to sue.
`
`16.
`
`Tyson's conduct, effectuated through the named Defendants in this lawsuit, was
`
`negligent and grossly negligent and was the cause of the underlying incident.
`
`VI.
`
`CAUSES OF ACTI ON
`
`A. Negligence and Gross Negligence against all Def eml<mts.
`
`17.
`
`18.
`
`Plaintiff repeats and re-alleges each allegation contained above.
`
`Defendants are negligent and grossly negligent for the following reasons:
`
`a.
`
`b.
`
`Failed to provide a safe work environment;
`
`Requiring Plaintiff to continue working at the meatpacking plant when it
`
`was no longer safe to do so due to COYID- 19;
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 7 of 68 PageID #: 26
`
`d.
`
`Failed to implement adequate precautions and social distancing at the
`
`meatpacking plant;
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`Failed lo follow guidelines set forth by the WHO and CDC with regard to
`
`COY ID-I 9 at the meatpacking plant;
`
`Failed to warn of the dangerous conditions at the meatpacking regarding
`
`COVID-19;
`
`Failure to properly train Tyson employees at the meatpacking plant;
`
`Failure to provide adequate medical treatment;
`
`Allowed and required individuals who were infected with COVJD-1 9 to
`
`continue to work at the meatpacking plant infecting other individuals; and
`
`J.
`
`Other acts deemed negligent and grossly negligent.
`
`19.
`
`Defendants owed Plaintiff a legal duty of the foregoing.
`
`20.
`
`Defendants breached these duties, and as a direct and proximate result of
`Defendants' breaches of duty caused serious bodily injury to Plaintiff, resulting in the following
`damages: physical pain, mental anguish, physical impairment, past and future medical expenses,
`loss of earning capacity, and loss of services. Because of the severjty·and degree of Plaintiffs
`injuries, Plaintiff will incur significant future medical expenses as a result of Defendants' negligent
`and grossly negligent conduct.
`
`2 1.
`
`Further, Defendants are liable for their grossly negligent conduct. Defendants'
`actions and/or omissions, when viewed objectively, exposed Plaintiff to an extreme degree of risk
`with no regard for the probability and magnitude of the potential harm. Defendants also had actual,
`subjective awareness of the risk involved, yet chose to proceed in conscious indifference to the
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 8 of 68 PageID #: 27
`
`rights, safety, and welfare of Plaintiff. Thus, Plaintiff is entitled to exemplary damages against
`Defendants.
`
`Vil.
`
`DAMAGES
`
`22.
`
`As a result of said occurrences, Plaintiff sustained severe injuries to her body, lungs,
`and respiratory system in general, which resulted in physical pain, mental anguish, and other
`medical problems. Plaintiff has sustained severe pain, physical impairment, discomfort, mental
`anguish, and distress. Tn all reasonable probability, Plaintiff's physical pain, physical impairment
`and mental anguish will continue indefinitely.
`
`23.
`
`Plaintiff is also entitled to punitive damages because the aforementioned actions of
`Defendants were grossly negligent. Plaintiff's injuries were caused by malicious, willful, reckless,
`or wanton acts or omissions of Defendants, or alternatively the gross negligence of Defendants'
`employees, agents or representatives.
`
`VIII.
`
`JURY TRIAL
`
`24.
`
`Plaintiff hereby requests a trial by jury on all claims and submits her jury fee
`
`herewith.
`
`IX.
`
`PRAYER
`
`25.
`
`Plaintiff prays that this citation issue and be served upon Defendants in a form and
`manner prescribed by law, requiring Defendants appear and answer, and that upon final hearing,
`Plaintiff has judgment against Defendants in a total sum in excess of the minimum jurisdictional
`limits of this Court, plus pre-judgment and post-judgment interests, all costs of Court, and all such
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 9 of 68 PageID #: 28
`
`other relief to which Plaintiff show herself justly entitled. As required by Rule 47 of the Texas
`Rules of Civil Procedure, Plaintiff affirmatively states that she seeks damages in excess of
`$1,000,000 and prays for rel icf and judgrnent, as follows:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`1.
`
`J .
`
`k.
`
`I.
`
`m.
`
`n.
`
`o.
`
`p.
`
`Compensatory damages against Defendants;
`
`Actual damages;
`
`Consequential damages;
`
`Pain and suffering;
`
`Exemplary damages;
`
`Past and future mental anguish;
`
`Past and future impairment;
`
`Past and figure disfigurement;
`
`Loss of wages past and future;
`
`Loss of earning capacity;
`
`Interest on damages (pre- and post-judgment) in accordance with law;
`Plaintiffs' reasonable attorneys' fees;
`
`Costs of court;
`
`Expert witness fees;
`
`Costs of copies of depositions; and
`
`Such other and further relief as the Court may deem just and proper.
`
`. ,.., )''" ... : g·•~f
`
`7i ,11. " ir i\i'?,tdGt Clerk
`1.,()1\ lo
`:, ..... • ""'"
`... ,,. .., ,..",
`\·1\1 1- ·.-,1 ,,~l u f,;;,,~'-.,%
`' .
`,,'1, / ,}'\ 1-L]t
`• 1 •'\,-. '(
`,.
`...,
`•. ... "'l''l't 'It..''- ' \., 1.,•.
`\ .
`' . t·~ ij 1~
`I
`.,; .•
`'')...... --, ut'
`~,..,.,a
`:, .......... ...,...( ..--
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 10 of 68 PageID #: 29
`
`Respectfully Submitted,
`
`ARNOLD & ITKIN LLP
`
`ls/ Kurt Arnold
`
`Kurt Arnold
`SBN: 24036150
`karnold@arnolditkin.com
`Caj Boatright
`SBN: 24036237
`cboatright@arnolditkin.com
`Roland Christensen
`SBN: 24101222
`rchristenscn@arno Id i tkin.com
`Joseph McGowin
`SBN: 24 117268
`jmcgowin@arnolditkin.com
`6009 Memorial Drive
`Houston, TX 77007
`Tel: 713.222.3800
`Fax: 713.222.3850
`c-servicc@ arnolclitkin.com
`
`ATTORNEYS FOR J>LAINTJFF
`
`

`

`CASE NUMBER:
`
`Day/
`
`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 11 of 68 PageID #: 30
`20CV35275
`Filed 6/11/2020 1:27 PM
`CfVIL PROCESS REQUEST
`Lori Oliver
`District Clerk
`.-------------- - - - - - - - - - - - - - - - - - - - --
`- ~rAe-fby Count ,
`xas
`FOR EACH PARTY SERVED YOU MUST FURNISH ONE (I) COPY OF THE PLEADING
`Pamela
`itton
`FOR WRITS FURNISH TWO (2) COPIES OF Tl IE PLEADING PER PARTY TO BE SERVED
`20CV35275
`273RD
`CURRENTCOURT: _____________ _
`1YPE OJ? INSTRUMENT TO BE SERVED (See Reverse f<'or TyrPs): Citation w/ Original Petition
`FlLE DA TE 017 MOTION:
`06/ 11/2020
`Month/
`Year
`SERVICE TO BE ISSUED ON (Please List Exactly As The Name A11pcnrs Jn The Pleading To Be Served):
`1. NAME: Maria Cruz
`ADDRESS: 3438 N. U.S. Highway 271, Mount Pleasant, Texas 75455
`AGRNT, (if applicable):
`TYl'E OF SERVlCFJPROCESS TO OE ISSUED (w11 reverscfar .,,,ecific type): Citation w/ Orjgjnal Petition
`SERVlCE BY (check a11e):
`0 ATfORNEY PICK-UP
`O CONSTABLE
`0 CIVIL PROCESS SERVER - Authorized Person to Pick-up: _________ _
`0 MAIL
`O CERTfFIEO MAIL
`0 PUBLICATION:
`0 COURTHOUSE DOOR, or
`Type of Publication:
`0 NEWSPAPEROFYOURCHOJCE: _____ _ ________ _
`~ OTHER, explain Please email citations to e-servicc@arnolditkio com
`
`Phone: _____ _
`
`••••
`
`2. NAME:
`
`ADDRESS:
`
`AGENT, (if applicable):
`TYPE OF SERVICE/PROCESS TO RE ISSURO (mi reverse f or specific t)'fle): ______________ _ ___ _
`SERVlCE BY (ch~ck one):
`0 A TI'ORNEY Pl CK-UP
`0 CONSTABLE
`0 ClVIL PROCESS SERVER - Authorized Person to Pick-up: _________ _ Phone: _ ____ _
`0 MAIL
`O CERTIFrEDMATL
`0 PUBLICATION:
`0 COURTHOUSE DOOR, or
`Type of Publication:
`0 NEWSPAPEROFYOURCIIOJCE: ______________ _
`D 01lIER, explain _ _ ___ _ _ __________ _ ___ _ __________ _
`
`ATTORNEY (OR ATfORNEY'S AGENl) REQUESTING SERVICE:
`NAME: Kurt Arnold
`TEXAS BAR NO./TD NO. =24...:...:0=3=6~15=0"--------
`MAILrNG ADDRESS: 6009 Memorial Drive, Houston, Texas 77007
`PHONE NUMBER: 713
`222-3800
`FAX NUMBER:
`oren code
`phone number
`EMAIL ADDRESS: e-service@arnolditkin.com
`
`222-3850
`fax number
`
`713
`area code
`
`r 1, ,r-,no o ... ,: ... ,., n1'l ,nn
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 12 of 68 PageID #: 31
`
`SERVlCfi REQUESTS WHICH CANNOT BE PROCESSED BY THIS OFFICE WILL BE HELD FOR 30 DAYS PRIOR TO
`CANCELLATJON. FEES WtLL BE R.Efi'UNDED ONLY VPON REQUEST, OR AT Tiffi DISPOSITION OF THE CASE.
`SER VlCE REQUESTS MAY BE REINSTATED UPON APPROPRIATE ACfJON BY Trill PARTIES.
`
`LNSTRVMBNTS TO BE SERVED;
`(fill In Instrument Sequence Number, i.e. 1st, 2nd, etc.)
`
`ORIGINAL PETITION
`AMENDED PETITION
`SUPPLEMENT AL PETlTION
`
`_ _
`
`COUNTERCLAIM
`AMENDED COVNTERCLAlM
`SUPPLEMENTAL COUNTERCLAIM
`
`CROSS-ACTION:
`AMENDED CROSS-ACTION
`SUPPLEMENT AL CROSS-ACl'ION
`
`THlRD-PARTY PETITION:
`AMENDED THlRD-PARTY PETITION
`SUPPLEMENTAL THIRD-PARTY PETITION
`
`INTERVENTION:
`AMENDED INTERVENTION
`SUPPLEMENTAL JNTERVENTlON
`
`INTERPLEADER
`AMENDED INTERPLEADER
`SUPPLEMENTAL INTERPLMDER
`
`lNJUNCTION
`MOTION TO MODIFY
`SHOW CAUSE ORDER
`TEMPORARY RESTRAINING ORDER
`
`BILL OF DISCOVERY:
`ORDER TO: ___________ _
`(specify)
`
`MOTION TO:
`
`(specify)
`
`r n ,r 1no 0 ... . : .... ,.1 l\ t "I inn
`
`PROCESS TYPES;
`
`NON WRIT:
`CJTATION
`ALIAS CITATION
`PLURJES CITATION
`SECRETARY OF STATE crrATION
`COMMISSJONER OF INSURANCE
`HlGHWA Y COMMJSSIONER
`CITATION BY PUBLICATION
`NOTICE
`$1 IORT FORM NOTICE
`
`PRECEPT (SHOW CAUSE)
`RULE 106 SERVICE
`
`SUBPOENA
`
`WRITS;
`ATTACHMENT (PROPERTY)
`ATACHMENT (WITNESS)
`A1TACHMENT (PERSON)
`
`CERTIORARI
`
`EXECUTION
`EXECUTION AND ORDER OF SALE
`
`GARNISHMENT BEFORE JUDGMENT
`GARNISHMENT AF'rER JUDGMENT
`
`HABEAS CORPUS
`INJUNCTION
`TEMPORARY RESTRAINING ORDER
`
`PROTECl'IYE ORDER (FAMILY CODE)
`PROTECflVE ORDER (CfVlLCODE)
`
`POSSESSION (PERSON)
`POSSESSIONJPM,OPERTY)
`COU/f1)
`
`, ••
`
`, ~ --rk vi ~•ht:l,f
`r;1c
`••
`:..., t \, I
`., V 'I· ~ !
`
`'
`
`.. '
`
`•
`
`• •
`
`, ~
`
`II '
`
`·. r.,
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 13 of 68 PageID #: 32
`20CV35275
`Filed 6/11/2020 1:27 PM
`Lori Oliver
`CIVIL PROCESS REQUEST
`District Clerk
`
`roR EACH PARTY SERVED YOU MUST FURNISH ONE ( I) COPY OF THE PLEADlNG
`I?OR WRLTS FURNISH TWO (2) COP JES or Tl IE PLEADING PER PARTY TO BE SERVED
`CASE NUMBER: 20CV35275
`CURRENT COURT: 273RD
`---------------
`TYl'E OF lNSl'RUMENT TO BE SERVED (Sec Rmrse For Type~}: Citation w/ Original Petition
`FCLE DATE OF MOTION:
`06/l l/2020
`Month/
`Year
`Day/
`SERYJCE TO Bl~ ISSUED ON (Please Li.st Exactly As The Nnmc Appears In The Plc:1ding To Be Served):
`1. NAME: Jason Orsak
`ADDRESS: 445 FM 699 Center Texas 75935
`AGENT, (I/ applicable):
`TYPE OF SERVICE/PROCESS TO BE ISSUED (see revme f,Jr Specific type): Citation w/ Original Petition
`SERVICE BY (cl,tck (}lie):
`0 ATTORNEY PICK-UP
`O CONSTABLE
`0 CIVIL PROCESS SERVl~R- Authorized Person to Pick-up: _________ _
`0 MAIL
`O CERTIFIED MAU,
`0 PUBUCATION:
`Type of Publication: 0 COURTHOUSE DOOR, or
`0 NEWSPAPER OF YOUR CHOICE: - ------- ---- ----
`~ OTIIER, explai11 Please email citations to e-scrvjce@amo)djtkjn com
`
`Phone: ____ _
`
`·••ot
`
`2. NAME: Erica Anthony
`ADDRESS: 217 Parrott Drive, Ste. 205, Nacogdoches, Texas 75965
`AGENT, (I/ applicable):
`lYPE OF SERVICE/PROCESS TO BE ISSUED (sec rimrsefor specific tyJ1e): Citation w/ Original Petition
`SERVICE BY (check one):
`0 A ITORNEY PICK-UP
`0 CONSTABLE
`0 CIVlL PROCESS SERVER - Authorized Person to Pick-up: - --------- Phone:
`0 MATL
`0 CERTIFIED MAIL
`0 PUBLICATION:
`Type of Publication: 0 COlrn.TllOUSE DOOR, or
`0 NEWSPAPER OF YOUR CHOICE: - -,---- - -- - -- -- -- - -
`00 0111ER, e:,plai11 Please email citations to e-service@amolditkin.com.
`
`ATTORNEY (OR ATTORNEY'S AGENl) REQUESTING SERVICE:
`NAME: Kurt Ar
`Id
`TEXAS BAR NO.IID NO. .:::.2..:.,;40=3=6..o.,;l 5=0::.,._ _____ _
`MAILrNG ADDRESS: 6009 Memorial Drive. Houston. Texas 77007
`PHONENUMBER: 713
`222-3800
`FAX NUMBER: 713
`area code
`phone number
`urea code
`
`222-3850
`fll1' number
`EMA LL ADDRESS: -=-e-..:::s.;:;er:....:v..:..ic::..:e~@=a1~·n:.::o~ld::..:i.::.tk::.:.in:.:;.:.::C..::;o.:..:.m=-----------=-:---.------- - - - - - - - -
`• ( ,r r,.,'lp l .,,
`, ,,,,1·"t o· li\>'~I'. D!~.tr\c\ Cler\<
`• •''"•
`(.{t~%9 ~i; A ct~Jt,n'5l~= c,1 c 0,rt
`. • ~
`;-~·;· ~';:/:'-1 S\)oibY Count~. M~:: .• ,
`tfltit. )-.,~ prt
`~~,"fi1 . ft-"
`.... ,1ui.11,1'''
`
`f'llur ,no o .... : .. -t n,1mn
`
`L ot -~~
`1:1...,,....,,.. '""""-
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 14 of 68 PageID #: 33
`
`SERVICE REQUESTS WHICH CANNOT BE PROCESSED BY THJS OFFICE WILL BE HELD FOR 30 DAYS PRIOR TO
`CANCELLATION. FEES WILL BE RErUNOED ONLY UPON REQUEST, OR AT THE DISPOSITION Of THE CASE.
`SERVICE REQUESTS MAY BE REINSTATED UPON APPROPRIATE ACTION BY THE PARTIES.
`
`INSTRUMENT$ TO BE SERVED:
`(Fill In Instrument Sequence Number, i.e. 1st, 2nd, etc.)
`
`ORIGINAL PETITION
`__ AMENDED PETITION
`__ SUPPLEMENTAL PETlTION
`
`COUNTERCLAlM
`M1ENDED COUNTERCLAlM
`SUPPLEMENT AL COUNTERCLAIM
`
`_
`
`_
`
`CROSS-ACrION:
`__ AMENDED CROSS-ACTJON
`_
`_
`SUPPLEMENT AL CROSS-ACTION
`
`TIITRD-PARTY PETITION:
`_ _
`AMENDED THIRD-PARTY PETITION
`__ SUPPLEMENTAL THIRD-PARTY PETITION
`
`INTERVENTION:
`__ AMENDED INTRRVENTION
`SUPPLEMENTAL INTERVENTION
`
`JNTERPLEADER
`__ AMENDED INTERPLEADER
`__ SUPPLEMENTAi, INTER PLEADER
`
`INJUNCTION
`MOTION TO MODIFY
`SHOW CAUSE ORDER
`TEMPORARY RESTRAINING ORDER
`
`BILL OF DISCOVERY:
`ORDER TO: ___________ _
`(specify)
`
`MOTION TO:
`
`(spcciry)
`
`PROCESS TYPE$:
`
`NON WRIT:
`CITATION
`ALIAS CTTATION
`PLURIES CITATION
`SECRETARY OF STATECffATION
`COMMISSIONER OF INSURANCE
`HIGHWAY COMMISSIONER
`CITATION BY PUBLICATION
`NOTICE
`SHORT FORM NOTICE
`
`PRECEPT (SHOW CAUSE)
`RULE 106 SERVICE
`
`SUBPOENA
`
`WRITS:
`A'ITACHMENT (PROPERTY)
`AT/\CI-IMENT (WITNESS)
`ATI'ACllMENT (PERSON)
`
`CERTIORARI
`
`EXECUTION
`EXECUTION AND ORDER OF SALE
`
`GARNISHMENT BEFORE JUDGMENT
`GARNISHMENT AFTER JUDGMENT
`
`HABEAS CORPUS
`INJUNCTION
`TEMPORARY RESTRAINING ORDER
`
`PROTECTIVE ORDER (FAMILY CODE)
`PROTECTIVE ORDER (CIVIL CODE)
`
`POSSESSION (PERSON)
`POSSESSION (PROPERTY)
`
`STATE OF TEXAS
`COUNTY oi: SHELBY
`SCIRE F ACIM Lori Oliver, 0i~trlct Clerk or Shelby
`SEQUESTR "(j(ya~ Texas do hereby certify that the
`'.rpif-golng Is a true and correct copy of the
`SUPERSEOE6}\~lnal record, now In 1f1f i;;wh1I custo~y and
`r>osscsslon, as appears cl rcwd In Yol._,
`Page ____ Mlnuh,s v: ~-d cc1,rt on flle In
`my omce.
`Witness m fficl I and aiu: ~ejLQf.Q[/lcc,
`this
`-
`~.~
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 15 of 68 PageID #: 34
`20CV35275
`Filed 6/25/2020 1 :30 PM
`LORI OLIVER, DISTRICT CLERK - P .0. DRAWER 1953, CENTER, TX 75935
`936-598-4164
`Lori Oliver
`District Clerk
`Shelby County, Texas
`laCrystal Johnson
`
`Cause No. 20CV35275
`
`·THE STATE OF TEXAS
`
`ROLANDETTE GLENN
`vs.
`
`JASON ORSAK, ERICA ANTHONY, AND MARIA CRUZ
`
`IN THE OISTRIC.T COURT
`
`OF
`
`SHELBY COUNTY, TEXAS
`
`TO: ERICA ANTHONY, at 217 Parrott Drive, Nacogdoches, Texas 75965:
`Notice. to defendant: You have been sued. You may employ an attorney .. If you, or your attorney, do not file a written answer with the clerk
`who issued this citation by 10:00 A.M. on the first Monday followlng the expiration of twenty days after you were served this citation and
`petition, a default judgment may be taken against you.
`You are hereby commanded to appear by filing a written answer to the attached ORIGINAL PETITIQN at or before 10:00 o'clock A.M. on
`the Monday next after the expiration of-20 days after the date of service of this citation, before the 123RDJ273Ro Judicial District Court of
`Shelby County, Texas at the Courthouse In said County In Center, Texas. Said Plaintiffs Petition was filed In said court on the 11th day of
`June, 2020 In the above entltled cause.
`·
`The nature of Plaintiffs demand Is fully show'n by a true and correct copy of ORIGINAL PETITION accompany this citation and made a part
`hereof.
`I
`Issued and given under my hand and seal of said Court at Shelby County Texas this 15th day of June, 2020
`.
`),,,,,,,,''''00""'",,,.,, ·
`Lori Ohvor
`~' CJ....,_9 ..... !!1 a '~.,_
`'\';<(> ...
`•
`District Clerk:
`! ~:'
`it f fe~·
`\
`(a>( . . )})
`Shelby Countr, Texas
`~~ \~~ .,·er~
`0 ~ "'"""'"""'"
`By
`Parneiawhtton, Deputy Clerk
`
`Attorney for Plaintirr or Plaintiffs:
`Kurt Arnold
`6009 Memorial Drive
`Houston, Texas 77007
`(713) 222~3800
`
`~ ..... ,. •• i!i('\ ~~
`'..L Al.'' \,,"'
`;,,,,,
`
`Service Return
`Came to hand on the ___ day of _ ______ , 20_
`, at ___ m and executed on the ___ day of
`___ ____ __. 20_
`, at_· __ M by delivering to the within named _______ _ ___ _
`In person a true
`copy of this citation, with attached copy(ies) of the
`_ _______ _______ __________ __________ _ ______ at
`[ ) Not executed. The diligence use in finding defendant being ___ _______ _____ _______ _
`[ ] Information received as to the whereabouts of defendant being _____________________ _
`Service Fee:$ ____ _
`___________ Sheriff/Constable
`Service ID No. _____ _
`_ _ _ _________ County, Texas
`
`Deputy/Authorized Person
`On this day, ___ ______ _ _ _ ,, known to me to be the person whose signature appears on the foregoing return,
`personally appeared. After being by me duly sworn, he/she stated that this cltation was executed by him/her In the exact manner recited
`on the return.
`· SWORN TO AND SUElSCRIBED BEFORE ME ON-~ - - --
`-
`-
`- - -- -'' 20 _ _ .
`
`Notary Public
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 16 of 68 PageID #: 35
`20CV35275
`Filed 6/11/2020 1 :27 PM
`Lori Oliver
`District Clerk
`Shelby County, Texas
`Pamela Whitton
`
`CAUSE NO. 20CV35275
`
`Rolandette Glenn,
`
`Plaintiff
`
`§
`§
`§
`§
`§
`§
`§
`§
`Jason Orsak, Erica Anthony, and Maria Cruz, §
`§
`§
`
`vs.
`
`Defendants
`
`IN THE DISTRICT COURT OF
`
`SHELBY COUNTY, TEXAS
`
`273RD TH JUDIC IAL DISTRICT
`
`ORIGINAL PETITION
`
`Rolandette Glenn ("Plaintifr') complains of Jason Orsak, Erica Anthony, and Maria Cruz
`
`(collectively "Defendants") and will respectfu lly show the Court the following:
`
`I.
`
`NATURE OF A C fION
`
`I.
`
`This is an action to recover damages after Plaintiff contracted COVID-19 -.yhile
`
`working at Tyson's meatpacking plant in Center, Texas.
`
`II.
`
`OJSC0VERY
`
`2.
`
`Discovery in this matter may be conducted under Level 2 of the Texas Rules of
`
`Civil Procedure.
`
`Ill.
`
`JURlSDlCJ'ION AND VENUE
`
`Plaintiff's claims arise under the laws of Texas.
`
`The Court has jurisdiction over this case because Plaintiff seeks damages within
`
`3.
`
`4.
`
`the jurisdictional limits of this Court. Further, this case is not removable because Plaintiff has not
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 17 of 68 PageID #: 36
`
`made any federa l claims and complete diversity of citizenship is lacking because Plaintiff and
`
`Defendants are all citizens of the slate of Texas.
`
`5.
`
`Venue is proper in this County pursuant to Texas Civil Practice and Remedies Code
`
`Section 15.002(a)(3) because one or more Defendants either resides or maintains a principal place
`
`of business in this County. Venue is also proper under Texas Civil Practice and Remedies Code
`
`Section l 5.002(a)(l) because the acts or omissions giving rise to this suit occurred in this County.
`
`IV.
`
`PARTIES
`
`Plaintiff is a resident of Texas.
`
`Defendant Jason Orsak is a resident of Texas and was the Complex Safety Manager
`
`6.
`
`7.
`
`for the Tyson faci lity in Center, Texas. Mr. Orsak can be served with process at his home address
`
`of 445 FM 699 Center, Texas 75935 or wherever he may be found.
`
`8.
`
`Defendant Erica Anthony is a resident of Texas and was one of the Safety
`
`Coordinators fo r the Tyson faci lity in Center, Texas. Ms. Anthony can be served with process at
`
`her home address of 2 17 Parrott Drive, Ste. 205, Nacogdoches, Texas 75965 or wherever she may
`
`be found.
`
`9.
`
`Defendant Maria Cruz is a resident of Texas and was one of the Safety Coordinators
`
`for the Tyson faci lity in Center, Texas. Ms. Cruz can be served with process at her home address
`
`of 3438 N. U.S. Highway 271, Mount Pleasant, Texas 75455 or wherever she may be found.
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 18 of 68 PageID #: 37
`
`V.
`
`FACTS
`
`I 0.
`
`Plaintiff worked at the Tyson meatpacking plant in Center, Texas. In spring of
`
`2020, the COVID-19 pandemic began sweeping the United States. Many States and Counties
`
`began implementing proactive safety measures to prevent the spread of COVID-J 9.
`
`11 .
`
`ln Texas, Governor Abbott issued a stay-at~home order for the State of Texas that
`
`took effect on April 2, 2020. Despite the stay-at-home order, Plaintiff was required to continue
`
`working at the Tyson meatpacking plant in Center, Texas after April 2, 2020. Plaintiff also worked
`
`at the Center, Texas meatpacking plant prior to April 2, 2020.
`
`12.
`
`Both prior to April 2, 2020, and after April 2, 2020, Tyson fai led to take adequate
`
`precautions to protect the workers at its meatpacking facilities, including the Center, Tex.as
`
`meatpacking faci lity. Even when the rest of the country and the State of Tex.as were taking
`
`significant precautions to prevent the spread of COVID-1 9 even prior to Apri I 2, 2020, Tyson did
`
`not do the same thing'. And even after April 2, 2020, Tyson still requ ired its employees to come to
`
`work and did not provide adequate precautions or protections to help protect its employees from
`
`COVID-19.
`
`13.
`
`Defendants Jason Orsak (the complex safety manger), Erica Anthony (safety
`
`coordinator), and Maria Cruz (safety coordinator) were directly responsible for implementing a
`
`safe work environment at Tyson's Center, Texas meatpacking plant. 1 These Defendants were also
`
`directly responsible for implementing and enforcing adequate safety measures to prevent the
`
`spread of COVTD-19 to the Tyson employees working at the Center, Texas meatpacking plant.
`
`1 Tyson Foods chose not to obtain workers compensation insurance in the State of Texas. Thus, Tyson and its agents
`(the named Defendants in this lawsuit) are liable to Plaintiff for her personal injmies sustained in the course and scope
`of her employment.
`·
`r9.tt,:~. Lor~OthHill', Di$t~lct Clel'l(
`~rt· ·;;,t,l)' s n~w.:,y County, re~U':.i.ii
`-tt·.-> ·•.tt A i:~En;qrmu Cf'IP1Y
`~. ,, Jt . PQ·.- ~ _ .. of_ J ..11,,,,
`
`C~
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 19 of 68 PageID #: 38
`
`Defendants Jason Orsak, Erica Anthony, and Maria Crnz fai led to fulfill their job duties to provide
`
`a safe working environment to Plaintiff. As a direct result of the negligence and gross negligence
`
`of Dcfcnclanls, Plaintiff contracted COVID- 19 at the Center, Texas meatpacking plant and has
`
`experienced significant injuries as a result.
`
`I 4.
`
`Thousands of Tyson employees have been exposed to COVlD-19 at Tyson's
`
`meatpacking facilities. Upon information and belief, at least 4,500 Tyson employees have
`
`contracted COVID-19, and at least 18 employees have died as a result of exposure to COVID-1 9
`
`at Tyson's meatpacking facilities.
`
`15.
`
`ln Texas, Tyson chose not to provide its employees with workers compensation
`
`insurance. Instead, Tyson bas implemented a program called WISP or Workplace Inj ury
`
`Settlement Program wherein Tyson pressures employees to sign releases before providing injury
`
`benefits. In many cases, Tyson then pays limited, if any benefits, once its employees have signed
`
`away their right to sue.
`
`16.
`
`Tyson's conduct, effectuated through the named Defendants in this lawsuit, was
`
`negligent and grossly negligent and was the cause of the underlying incident.
`
`VI.
`
`CA USES O.F A CTION
`
`A. Negligence and Gross Negligence against all Def endants.
`
`17.
`
`18.
`
`Plaintiff repeats and re-alleges each allegation contained above.
`
`Defendants are negligent and grossly negligent for the fo llowing reasons:
`
`a.
`
`b.
`
`Failed to provide a safe work environment;
`
`Requiring Plaintiff to continue working at the meatpacking plant when it
`
`was no longer safe to do so due to COVID-1 9;
`
`

`

`Case 9:20-cv-00184 Document 1-1 Filed 08/28/20 Page 20 of 68 PageID #: 39
`
`d.
`
`Failed to implemenl adequate precautions and social distancing at the
`
`meatpacking plant;
`
`e.
`
`Failed to fo llow guidelines set forth by the WI 10 and CDC with regard to
`
`f.
`
`g.
`
`h.
`
`i.
`
`COVID-19 at the meatpacking plant;
`
`Failed to warn of the dangerous conditions at the meatpacking regarding
`
`COVlD-19;
`
`Failure to propedy train Tyson employ